semran1/classified-books_all-0000 · Datasets at Hugging Face

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en	hf cc0-1.0	https://huggingface.co/datasets/storytracer/US-PD-Books	Laws passed at the session of the General Assembly of the State of Colorado author: Colorado; Colorado. Laws, statutes, etc. Session laws of Colorado This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world's books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. 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Call Number KFC 1825 A2lt 1905 Vol. Copy THIS BOOK DOES NOT CIRCULATE OUTSIDE THE BUILDING Name Location Colorado . Lavs. Lav^, statutes, etc. KFC 1825 A2k 19C5 LAWS PASSED AT THE Fifteenth Session of the General Assembly of the State of Colorado* CONVENED AT DENVER. THE FOURTH DAY OF JANUARY. A. D. J 905. L PUBLISHED BY AUTHORITY DENVER, COLORADO: THE SMITH-BROOKS PRINTING COMPANY, STATE PRINTERS 1906. Entered according to Act of Congress, in the year 1906, Br JAMES COWIE. Secretary of State, for the nse of the State of Colorado, in the office of the Librarian of Congress, at Washinsrton. D. C. CERTIFICATE. STATE OF COLORADO, Office op the Seceetaey of State ■} I, James Cowie, Secretary of State of the State of Colorado, do heteby certify that by virtue of the authority vested in me by law, I have prepared for publication, and caused to be printed, a copy of all laws and resolu- tions passed by the Fifteenth General Assembly of the State of Colorado, at the biennial session thereof; that I have caused to be compared the said printed laws and resolutions with the original manuscripts thereof now on file in my office, and that the following are true, full and correct copies thereof. In Testimony Whereof^ I have hereunto set my hand and affixed the Great Seal of the State of (Seal.) Colorado. Done at Denver, Colorado, this tenth day of May, A. D., 1905. JAMES COWIE, Secretary of State. STATE OFFICERS AND MEMBERS OF THE FIFTEENTH GENERAL ASSEMBLY. EXECUTIVE DEPARTMENT. Jesse F. McDonald Governor Denver Samuel Hamill Wood Private Secretary Denver Arthur Comforth Lieutenant-Governor . . .Colorado Springs James Cowie Secretary of State Denver Timothy O'Connor Deputy Secretary of State Denver John A. Holmberg Treasurer of State Denver G. G. Withers Deputy Treasurer of State Denver Alfred E. Bent Auditor of State Denver Warren S. Daniels Deputy Auditor of State Denver Nathan C. Miller Attorney-General Denver William R. Ramsey Assistant Attorney-General Denver Irving B. Melville Second Asst. Attorney-General Denver Katherine L. Craig Supt. Public Instruction Denver Emily Griffith Asst Supt. Public Instruction Denver JUDICIAL DEPARTMENT. SUPREME COURT. William H. Gabbert.* Chief Justice Denver Robert W. Steele Associate Justice Denver John Campbell Associate Justice Denver Julius C. Gunter Associate Justice Denver Luther M. Goddard Associate Justice Denver John M. Maxwell .Associate Justice Denver George W. Bailey Associate Justice Denver Horace G. Clark Clerk Denver James Perchard Chief Deputy Denver Cornelius Westervelt Deputy Denver Samuel J. Shirley Bailiff Denver Richard W. Watson Bailiff Denver Felix A. Richardson Librarian Denver OFFICERS. DISTRICT JUDGES. Allison H. Del'rance First District Golden Samuel L. Caipenter Second District Denver Frank T. Johnson Second District Denver Booth M. Malone Second District Denver John I. Mulliiis Second District Denver Peter L. Palmer Second District Denver Jesse G. Nortlicutt Third District Trinidad Louis W. Cunningham Fourth District Colorado Springs William P. Seeds Fourth District Cripple Creek R. E. Lewis Fourth District Colorado Springs Frank W. Owers Fifth District Leadville James L. Russell Sixth District Durango Theron Stevens Seventh District Ouray Christian A. Bennett Eighth District Greeley James E. Garrigues Eighth District "Greeley John T. Shumate Ninth District Aspen N. Walter Dixon Tenth District Pueblo John H. Voorhees Tenth District Pueblo Morton S. Bailey Eleventh District •. . Canon City Charles C. Holbrook Twelfth District Alamosa Edward E. Armour Thirteenth District Sterling DISTRICT ATTORNEYS. John W. B. Smith First District Idaho Springs George Stidger Second District Denver A. Watson McHendrie Third District Trinidad Clarence C. Hamlin. Fourth District Colorado Springs James T. H»gan Fifth District Breckenridge James A. Pulliam Sixth District Durango Hugo Selig Seventh District Montrose George H. Van Horn Eighth District Loveland James C. Gentry Ninth District Meeker S. Harrison White Tenth District Pueblo Augustus Pease Eleventh District Canon City James Delano Pilcher Twelfth District Alamosa William H. Pound Thirteenth District Julesburg OFFICERS. OFFICERS APPOINTED. T. W. Jaycox State Engineer Leadvllle Porter J; Preston ..... Dep. State Engineer Las Anlmaa Charles W. Wells Dep. State Engineer Canon City E. L. White Commissioner of Mines Cripple Creek Mark G. Woodruff Register Land Board Creede Anna G. Brandt Deputy Register Cripple Creek Edwin V. Brake Deputy Labor Commissioner Denver W. A. Piatt Comm'r of Printing Colorado Springs Chas. Taylor Boiler Inspector Florence Bulkeley Wells Adjutant General Tellurlde C. A. Kelley Assistant Adjutant General Denver S. R. Scholz, Jr Inspector General Colorado Springs Matt P. Root Surgeon General Denver Mary Wright State Dairy Commissioner Broomfleld J. M. Woodard State Game and Fish Comm'r Pueblo John D. Jones Coal Mine Inspector Erie John Wellington Finch State Geologist Denver Harriet Stevenson Assistant State Librarian Denver John L. Russell Illuminating Oil Inspector Denver OFFICERS OF STATE INSTITUTIONS. STATE UNIVERSITY AT BOULDER. REGENTS. Thomas D. Baird Walsenburg Harold D. Thompson Cripple Creek William H. Bryant Denver Frank E. Kendrick Leadvllle Oscar J. Pfelffer ; Denver W. J. King r Villa Grove OFFICERS OF BOARD. James H. Baker President Boulder Edwin J. Ingram Secretary Boulder Wm. H. Allison Treasurer Boulder BUREAU OF LABOR STATISTICS. James Cowie Secretary of State Comm'r ex-offlclo Edwin V. Brake Deputy Commissioner 8 OFFICERS. BUREAU OF MINES. E. L. White Commissioner Cripple Creek DEPARTMENT OF INSURANCE. Alfred E. Bent Superintendent (ex-officio) Denver Frank S. Tesch Deputy Superintendent Denver Morris Lehman Chief Clerk Denver 30ARD OF CAPITOL MANAGERS. Jesse F. McDonald Governor and ex-offlcio Chainnan . Denver Herman Lueders Secretary Denver Otto Mears Denver . Joseph A. Thatcher Denver Harper M. Orahood Denver Charles J. Hughes, Jr Denver F. E. Edbrooke Supervising Architect Denver BOARD OF LAND COMMISSIONERS. Jesse F. McDonald, Governor. . . President Denver James Cowie Secretary of State Denver Nathan C. Miller .Attorney-General Denver Katherine L. Craig Supt. Public Instruction Denver Mark G. Woodruff Register Denver STATE BOARD OF EQUALIZATION. Jesse F. McDonald Governor Denver James Cowie Secretary of State Denver Alfred E. Bent Auditor Denver N. C. Miller Attomey-Greneral Denver John A. Holmberg Treasurer Denver R. R. Leese Secretary of Board Denver STATE BOARD OF ARBITRATION. E. M. De La Vergne ^Colorado Springs William Walk , Pueblo Glenn F. Games Secretary Denver OFFICERS. 9 STATE AUDITING BOARD. Jesse F. McDonald Governor Denver Alfred B. Bent Auditor Denver N. C. Miller Attorney-General Denver R. R. Leese Secretary of Board Denver STATE BOARD OF AGRICULTURE. Jesse F. McDonald, Governor. . . i Barton O. Aylesworth, President \ Ex-Offlcio Members ot the Board P. P. Sharp President Denver A. M. Hawley Secretary Fort Collins John A. Holmberg College Treasurer Denver E. D. Avery Local Treasurer Fort Cbll^ps Harlan Thomas Denver J. L. Chatfield Gypsum B." U. Dye Rocky Ford E. H. Grubb , Carbondale B. F. Rockafellow Canon City A. A. Edwards Fort Collins R. W. Corwin Pueblo BOARD OF CHARITIES AND CORRECTION. Rev. William S, Friedman President Denver Mrs. Stanley M. Casper Vice-President Denver Dr. David H. Dougan Denver Hon. William Thomas Breckenridge Dr. Eleanor Lawney Denver Rev. Thomas H. Malone Denver Jesse F. McDonald Governor ex-officio Denver Clarence E. Hagar Secretary Denver STATE BOARD OF PARDONS. Jesse F. McDonald, Governor. . . President Denver William D. Peirce Denver Ralph W. Smith Denver L. Edwin Courtney Denver Ben. W. Ritter Denver Clarence E. Hagar Secretary .Denver Anna G. Williams Clerk Denver 10 OFFICERS. STATE MILITARY BOARD. Governor Jesse F. McDonald Leadville Brigadier-General John Chase Denver Adjutant-General Bulkeley Wells Telluride Colonel Nathan C. Miller, Judge Advocate General La Plata Colonel S. B. Scholz, Jr., Inspector General, Secretary.. .Colorado Springs Colonel J. Q. MacDonald, Military Secretary Florence STATE NORMAL SCHOOL. QBEELET. Richard Broad, Jr President Golden A. J. Park Secretary Greeley J. M. B. Petreken Treasurer .Greeley * TRUSTEES. Richard Broad, Jr : Golden J. R. Killian Denver R. W. Corwin Pueblo M. R. Welsh Delta Chas. H. Wheeler Greeley Mrs. T. A. Rhoades Denver Miss Katherine L. Craig, State Supt Denver STATE SCHOOL OF MINES. GOLDEN. John p. Kelly President Golden James T. Smith Secretary Denver H. M. Rubey Treasurer Golden James J. Cone •. Canon City Joseph S. Jaffa Denver Frank Bulkley Denver STATE BOARD OF MEDICAL EXAMINERS. ' Dr. C. K. Fleming President Denver Dr. S. D. Van Meter Secretary Denver Dr. Geo. B. Packard Denver Dr. C. B. Conway Denver Dr. John Inglis Pueblo Dr. F. W. Singer Pueblo Dr. David A. Strickler Denver Dr. E. L. Salder Fort Collins Dr. T. W. Miles .Denver OFFICERS. 11 STATE BOARD OF NURSE EXAMINERS. Miss Lizzie L. Hudson President Denver Miss Louise Craft Boyd Secretary Denver Miss Lettie G. Welch Denver Miss Winifred A. Donaldson Denver Miss Nanna Clingan Denver COLORADO SCHOOL FOR THE DEAF AND BLIND. COLOBADO SPBINOS. J. F. Humphrey President Colorado Springs Mary S. McDonald Secretary Pueblo A. J. Lawton Treasurer Colorado Springs W. K. Argo Superintendent Colorado Springs Geo. E. West Durango u R. Gottlieb ; Trinidad Edwin J. Eaton Colorado Springs STATE INDUSTRIAL SCHOOL FOR GIRLS. MORRISON. Martha A. Taft President Denver Harriet G. R. Wright Secretary Denver Robert M. Golder Denver Clara L. Hunter Denver Dr. Josephine Peavey Denver Emma E. Page Superintendent Denver. . STATE INDUSTRIAL SCHOOL. GOLDEN. Thomas J. Downen President Pueblo John R. Schermerhorn Secretary Denver Fred L. Paddelford Superintendent Golden Joseph Dennis, Jr Member Golden ASYLUM FOR THE INSANE. PUEBLO. A. P. Busey Superintendent Pueblo COMMISSIONERS. Chas. Fisher Andrew Longmont M. A. Vigil ; , Walsenburg E. G. Middelkamp Secretary Pueblo A 12 OFFICERS. STATE PENITENTIARY. CANON CITY. John Cleghorn Warden Canon City W. E. Granger Deputy Warden Canon City A. R. Frisbie Chief Clerk Canon City Rev. J. P. Lucas Chaplain Canon City Frank N. Carrier, M. D Physician Canon City COMMISSIONEBS. Thomas M. Bowen President Pueblo Charles Munn President pro tern Ouray Henry L. White Secretary Canon City COLORADO STATE REFORMATORY. BUENA VISTA. Arthur C. Dutcher Warden Buena Vista COMMISSIONEBS. Thos. M. Bowen President Pueblo H. L. White Secretary Canon City Charles Munn Ouray SOLDIERS' AND SAILORS' HOME. MONTE VISTA. L. H. Cheney President Monte Vista H. C. Watson Vice-President Greeley T. C. Graden Secretary Durango T. J. Downen Treasurer Pueblo T. J. Downen Commander Pueblo STATE BOARD OF HEALTH. ' Wm. H. Davis, M. D President , . . .Denver George C. Stemen, M. D Vice-President Denver Hugh L. Taylor, M. D Secretary Denver F. N. Carrier, M. D Treasurer .Canon City Mark H. Sears, M. D Denver Hubert Work, M. D Pueblo Oliver J. Mayne, M. D Como J. Tracy Melvin, M. D Saguacbe Minnie C. T. Love, M. D Denver OFFICERS. 13 BOARD OF DENTAL EXAMINERS. F. H. Sutherland President Denver S. M. Townsend Denver John D. Parker Trinidad Rea P. McGee Denver Theodore Ashley . Canon City STATE BOARD OF HORTICULTURE. W. S. Coburn President Hotchklss Martha A. Shute Secretary Denver Thurston White Canon City Geo. E. Harris Rifle David R. Stotler Ft. Lupton G. E. Richardson Alcott STATE BOARD OF EDUCATION. Katherine L. Craig Supt. of Public Instruction Denver James Cowie Secretary of State Denver Nathan C. Miller Attorney-General Denver COMMISSIONERS FOR THE PROMOTION OF UNIFORMITY OF LEGIS- LATION IN THE UNITED STATES. Robert J. Pitkin. Denver Jacob Filllus Denver Thos. H. Devine Pueblo STATE BOARD OF PHARMACY. S. L. Bresler Denver A. W. Scott Fort Collins W. L. Shockey Cripple Creek STATE HISTORICAL AND NATURAL HISTORY SOCIETY. Edward B. Morgan President Denver Nathan A. Baker Vice-President Denver George L. Cannon Vice-President Denver Charles R. Dudley Secretary Denver William D. Todd Treasurer Denver Will C. Ferril Curator Denver 14 OFFICERS. ; ; STATE HOME FOR DEPENDENT AND NEGLECTED CHILDREN. DENVEB. bora E. Reynolds President Denver Susie L. Curtis Denver Louise L. Arkins Denver Dr. Mary A. Ingersoll : Denver Tyson S. Dines Denver H. W. Cowan Superintendent Denver STATE BOARD OF VETERINARY SURGEONS. Chas. G. Lamb • Denver A. B. McCapes Idaho Springs C. F. Culver Longmont STATE VETERINARY SURGEON. Chas. G. Lamb Denver STATE BOARD OF STOCK INSPECTION COMMISSIONERS. L. K. Watkins Denver A. N. Parrish Lamar I. W. Bennett Fort Collins L. P. Sylvester. .' Monte Vista J. N. Pierce Leadville J. B. Farr Walsenburg Fred F. Hee Trinchera S. P. Sloss Basalt E. E. Shinn Montrose E. McCrillis Secretary Denver STATE BOARD OF CHILD AND ANIMAL PROTECTION. STATE CAPITOL, DENVEB. W. S. Cheesman President Denver J. J. Elliott Vice-President Denver E. K. Whitehead Secretary Denver A. G. Rhoads Treasurer Denver O. E. Tuft Asst. Secretary Denver H. B. Kerr Special Officer Denver J. E. Dougherty Recorder .Denver OFFICERS, 15 DIRECTORS. W. S. Cheesman. James H. Pershing. Wm. Smedley. George H. Harvey. Robert M. Golder. Jesse F. McDonald. F. S. Byers. C. H. Smith. W. G. Alexander. J. S. Temple. D. B. Graham. N. C. Miller. A. G. Rhoads. C. A. Thomas. Jacob J. Elliott. Miss Katherine L. Craig. FIFTEENTH GENERAL ASSEMBLY. THE SENATE. OFFICERS. Arthur Comforth President Fred W. Parks President Pro Tem M. Z. Farwell Secretary. J. C. Wells Reading Clerk Chas. H. Berry Sergeant-at-Arms P. Ricketts Assistant Secretary John Borschell Assistant Sergeant-at-Arms B. Pearson Assistant Sergeant-at-Arms John Nevitt Chief Enrolling Clerk I. A. Abbott. ; Docket Clerk H. M. Rhoads Chief Printing Clerk 16 SDNATOBS. _ £3^ ^ £3 £3,Q,Q ^ « Oi O.® ® OiOi d S m:;::s u o «H -dii fi cd d «j o '=',^« <{pqpqmw :3 0) p. cd O g ■' 5 -6 00 ofi QP Q H il - SENATOBS. 17 ll o Q a c c c 1 I I I 2 2 2 3 3 s s P 9f 9f ^ ^ 0) O O 0) tf tf tf tf Q Q I 2 3 a (1) ^ Q & t< .!< c g 1 1 s 1 Q pi 1 •§ >> •g p. ^ o £ o s d h ^ '^ S5 '^ ;^ j^ 18 REPRESENTATIVES. HOUSE OF REPRESENTATIVES. OFFICERS. W. H. Dickson Speaker E. R. Harper Chief Clerk W. A. Bryans Assistant Clerk J. H. Crary Sergeant-at-Arms W. C. Blair Reading Clerk J. L. Frazer : Docket Clerk C. A. Whittier Chief Printing Clerk Harry Tarbell Chief Enrolling Clerk L. Garcia Bill Clerk T. H. Johnson Assistant Sergeant-at-Arms B. H. Abbott Assistant Sergeant-at-Arms EEPBESENTATIVES. 19 o 2 33 333d33 m > -H H SI a. £ s Si 3JS:22\|§ o s < OQ .:tj ii 0) eddiSo »:^ «<pq npqpqpcnn £ ^ ggmu n o o ft- 13 I I § X a d . ih : o o »« §g > o 2©^ W W d 6 bo •§ Q hS C . d 1^ Sod) 3t) PQ Qfa d (0 § d ^ -s > d 20 BEPBESENTATIVES. \|ii\| til ill :tftf sis! s o O 11 ^ QQ O g ^ Ph o 0, P^ W I ;? o 03 a} 5 A jQ § a> WO roWOJ PipH P^Q ^1 i^^^ oT3 O <D o 3 00 SffiSW Uii lis fie ©a £^S c3 :"£ P<=! C3 . O 8 •-8 ■Stf WW P5j<s .C3 ■MO® -r •?W W»3§S fio2 ^3-S ^ ^E ■s^s c - 2 fi P ©flSs po g EEPBESENTATIVES. 21 G g pj Cj 1 s oS JQ ,Q ^A P P PS 0. 0. ao. O o o ® fA p^ tftf > OQ (A C4 > Q P o oo B OQ c ci3 ,S2-M o 4) d o ^1 < III n tH) JO? «»§• a! OJQQGG QQ ^ ^P^ V U e qdqdEh OA S An N o ^ Is: fa 3 o >» 5^ o .t; Si "O jz to Ch. 1.] APPROPRIATION. 23 CHAPTER 1. APPEOPEIATION. ACTIONS— KANSAS-COLORADO. (H. B. No. 155, by Mr. McEwen.) AN ACT TO APPROPRIATE MONEY FOR THE PURPOSE OF PAYING THE EXPEfSSES OF DEFENDING THE ACTION INSTITUTED IN THE SUPREME COURT OF THE UNITED STATES BY THE STATE OF KANSAS AGAINST THE STATE OF COLORADO, ET AL., TO RESTRAIN THE DIVERSION OF THE WATERS OF THE ARKANSAS RIVER IN COLORADO, OR ANY OTHER SUIT WHICH MAY BE BROUGHT BY THE STATE OF KAN- SAS AGAINST THE STATE OF COLORADO, AND FOR THE PROTECTION OF THE RIGHT TO USE THE NATURAL STREAMS OF COLORADO FOR IRRIGATION, WHEREVER THREATENED. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That for the purpose of paying the ex- Expense defense penses of the executive department of the State of Colo- of suit brought rado, hereafter incurred in defending the action insti-^^ Kansas. tuted in the Supreme Court of the United States by the State of Kansas against the State of Colorado, et al., to restrain the diversion of the waters of the Arkansas River in Colorado, or any other suit which may be brought and prosecuted on the part of the State of Kan- other defenses sas and its citizens against the State of Colorado and its to protect water citizens, or either, and for the protection of the right to n&hts. use the natural streams of Colorado for irrigation, wherever threatened there is hereby appropriated out of the money in the State Treasury, the sum of thirty-four Appropriation. thousand dollars (f84,000), or so much thereof as may be necessary for the purposes herein provided. Sec. 2. The said fund shall be under the control and control of fund. direction of the Governor, the Attorney General and the 24 APPROPRIATION. [Ch. 2. be Auditor of State, and, upon their voucher, shall drawn upon by the Auditor in the ordinary manner. Emergency. See. 3. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. CHAPTER 2. AFFBOFBIATION. ARTESIAN WELL— WASHINGTON COUNTY. (H. B. No. 237, by Mr. Vance.) AN ACT TO PROVIDE FOR THE SINKING OF AN ARTESIAN WELL IN TOWNSHIP 3 NORTH, AND RANGE 52 OR 53 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AT OR NEAR AKRON, WASHINGTON COUNTY, COLORADO, FOR THE PURPOSE OF TESTING THE FLOW OF ARTESIAN WATER, FOR IRRI- GATING AND DOMESTIC PURPOSES; PROVIDING A BOARD TO LOCATE SAID WELL AND SUPERINTEND THE CON- STRUCTION OF THE SAME, AND MAKE AN APPROPRIA- TION FOR THE PAYMENT THEREOF. Be it Enacted }>y the General Assembly of the State of Colorado: AppropriaUon. Section 1. There is hereby appropriated out of any money in the State Treasury, belonging to the In- ternal Improvement Permanent Fund or the Internal Improvement Income Fund, the sum of six thousand dollars (f 6,000), or so much thereof as may be necessary, for the purpose of sinking an artesian well -at a point to be hereafter determined, in township 3 north, range 52 or 53 west of the Sixth Principal Meridian, at or near Akron, Washington County, Colorado; and for the purpose of testing the flow of artesian water, for irri- gating and domestic purposes. Ch. 2.] APPKOPKIATION. 25 Sec. 2. The State Engineer, the Chairmaai of Board of the Board of County Commissioners of Washington s^p®'^^^' County and the County Clerk of Washington County ^^"'p''^^^ '''• shall be and are hereby constituted a board of super- vision for the purpose of locating and sinking said well, of which board the Chairman of the Board of County Commissioners shall be the chairman and the State En- gineer shall be the secretary. Sec. 3. It shall be the duty of the board of super- Duty of board, vision, as soon as it may be convenient and practical after this act shall take effect, to carefully investigate and to select such location of the site for the sinking of said well in. said township and range or ranges, at a point at or near Akron, Washington County, Colorado, as in their judgment they may deem most likely to pro- duce the best results in the carrying out of the objects of this act. Sec. 4. If said well should be located on other than if not located State lands, the same must first be donated and con- on state lands, veyed to the State of Colorado with good and suflScient Donated and title, for use in carrying out the objects and purposes conveyed to of this act, and such donation shall consist of not less state, than one hundred and sixty acres of land, the title whereof shall, by the terms of the conveyance donating the same, revert to the donor in the event that the ex- _ periment shall for any cause be abandoned by the State, ^^o^^o^^ Upon failure 6n the part of the State for the period of two years to diligently prosecute the work of prospecting paiiure to for, developing or sinking said well, and upon satis- diligently factory proof thereof to the Attorney General of the p^^^^®^^® ^^^^ State of Colorado, it shall be the duty of said board of supervision on behalf of the State, upon request of the party in interest, to reconvey to the original donor, his Reconvey lands heirs or assigns, the lands so donated to it, such con- '^ ^°^^'^ veyance to be made by the same form of instrument by which the board acquired the right to the land. Sec. 5. It shall be the duty of said board, as soon Board advertise as practicable after the site is selected, to advertise for for bids, bids for four consecutive issues in one weekly paper published in the County of Washington, State of Colo- rado, for the sinking of said well. Said proposals shall proposals be accompanied by specifications, also certified check, accompanied payable to the said board for two hundred and fifty dol- ^y- 26 APPEOPEIATION. [Ch. 2. Contract. Bond for performance. Board appoint superin- tendent. Statement character of strata. Samples of strata. Monthly estimates. State Engineer draw voucher. Auditor draw warrant. Emergency. lars (?250), said check to be returned to the successful bidder after contract is entered into and sureties fur- nished; others to be returned to bidders as soon as con- tact [contract] is let. Said board shall require good and sufficient bond, with approved securities, from the contractor, in an amount equal to the estimated amount of said contract, conditioned upon the completion of said work according to the contract drawn by the said board and the specifications submitted by said con- tractor. Sec. 6. The board of supervision shall appoint a superintendent to personally look after the interests of the State of Colorado as connected with those of the con- tractor, who shall receive a reasonable compensation therefor. The contractor shall be required under the conditions' of the contract to furnish said superintend- ent a detailed statement of the classification of the strata or material through which said well shall be sunk. He shall also furnish specific samples of all the various strata encountered to said superintendent, during the progress of the work of sinking the said well. Sec. 7. During the progress of the said work, the State Engineer shall cause to be made monthly esti- mates of the amount of work done during the month just passed, and shall draw a voucher for 80 per cent, of the said estimate in favor of the said contractor. Upon the completion of the said work in accordance with the specifications bid upon, and with the terms of the contract and the acceptance by the board, the State Engineer shall draw and approve a voucher in favor of the said contractor for whatever amount may be due under the terms of the contract at that time, and the Auditor of State is hereby authorized to draw warrants for the amounts specified in the various vouchers so drawn by the State Engineer from time to time. Neces- sary expenses for viewing, selecting location and secur- ing and filing of papers connected with title are to be deducted and paid from said appropriation. Sec. 8. Whereas, in the opinion of the General As- sembly as [an] emergency exists; therefore this act shall take effect from and after its passage. Approved April 7, 1905. Ch. 3.] APPROPRIATION. 27 CHAPTER 3. APPBOPSIATION. HIRAM P. BENNET. (S. B. No. 122. by Senator Booth.) AN ACT MAKING AN APPROPRIATION TO PAY, AND THE MANNER OF PAYMENT, TO HIRAM P. BENNET, LATE STATE AGENT, FOR SERVICES RENDERED THE STATE OF COLORADO, ON A CONTRACT UNDER AN ACT OF THE FIFTH GENERAL ASSEMBLY, ENTITLED "AN ACT TO PROVIDE FOR THE APPOINTMENT OF A STATE AGENT, APPROVED MARCH 31, 1885." Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated moneys Appropriation, in the treasury not otherwise appropriated belonging to the general fund, the sum of four thousand one hundred fifty-three and eighty-eight one hundredths dollars (?4,- 153.88), or so much thereof as may be necessary, the same constituting a claim of the first class, to pay Hiram P. Hiram p. Ben- Bennet, late State Agent, an officer of the executive de- '^et-for services partment, compensation due him for services rendered the State for the recovery of indemnity for school lands lost to the State, on a disputed claim of the State of Colorado against the United States, by virtue of his said office and contract with the State of Colorado, executed contract with by the Governor and Attorney General of the State, bear- ®^^ ing date the 19th day of May, 1888, as provided for in act to provide for the appointment of a State Agent, ap- proved March 31, 1885. Sec. 2. In the opinion of the General Assembly an Emergency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 11, 1905. 28 APPROPRIATION. [Ch. 4. CHAPTER 4. AFPBOPBIATION. BRIDGE— ANIMAS RIVER. (H. B. No. 323, by Mr. McEwen.) AN ACT TO CONSTRUCT A STATE WAGON BRIDGE ACROSS THE ANI- MAS RIVER AT OR NEAR LA POSTA, LA PLATA COUNTY, AND MAKING AN APPROPRIATION THEREFOR. Be it Enacted hy the General Assembly of the State of Colorado: Appropriation. Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Im; provement, Permanent or Income Fund, and out of any moneys which may hereafter be credited to said fund, or either of them, and not otherwise appropriated, the sum of three thousand dollars (f 3,000.00), or so much thereof as may be necessary to construct a State wagon bridge across the Animas River, at or near La Posta, La Plata County, Colorado. Board of Con- Sec. 2. The Govcmor, the County Surveyor of La struction. Plata County, and Chairman of the Board of County Com- missioners of La Plata County shall constitute the board of construction. Board deter- Sec. 3. The exact place of location for constructing mines location, gaid bridge to be determined by the board of construction. Plans and sped- Sec. 4. It shall be the duty of said board Of construc- flcations. tion, as soon as this act takes effect to secure plans and Bids. specifications and advertise for bids for the construction Contract. ^^ said bridge and to award the contract to the lowest responsible bidder. Sec. 5. Upon the completion of said work according Auditor draw to contract, and upon a certificate to that effect from the warrant. board of Construction, the Auditor of State shall draw Ch. 5.] APPKOPEIATION. 29 and the State Treasurer shall pay a warrant for the amount of said contract. Sec. 6. In the opinion of the General Assembly an Emergency, emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 5. APPBOPBIATIOir. BRIDGE— ARKANSAS. RIVER. (S. B. No. 83, by Senator Wood.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A WAGON BRIDGE AND APPROACHES ACROSS THE ARKANSAS RIVER, ON THE TOWNSHIP LINE, BETWEEN RANGES 45 AND 46 WEST, TOWNSHIP 22 SOUTH, ALL WEST OF THE SIXTH P. M., COUNTY OF PROWERS AND STATE OF COLORADO, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out Appropriation. of any money in the State Treasury belonging to the In- ^"^<i- ternal Improvement Permanent Fund, or the Internal Income Fund, or which may hereafter be credited to either of said funds, the sum of four thousand dollars ($4,000.00), or so much thereof as may be necessary, for the purpose of constructing the said bridge across the Bridge. Arkansas Eiver in Prowers County, Colorado, on the range line running through township 22 and between Location ranges 45 and 46 west of the 6th P. M., in the County of i^?™""^^ ^^ Prowers, Colorado, the exact location to be determined Engineer. by the State Engineer. 30 APPEOPBIATIOX. [Ch. 5. Board of Construction — composed of- Advertise for bids. State Engineer examine plans submitted. Report to board. Contract awarded to lowest responsible bidder. Bond for performance. Inspector of construction- appointed by board. State Engineer certify to 50 per cent of amount. Public highway. 8ec. 2. The State Engineer and the Chairman of the Board of County Commissioners of said Prowers County shall be and are hereby made a board for the purpose of constructing said bridge. Sec. 3. It is hereby made the duty of said board, as soon as this act takes eflfect, to advertise in one weekly paper published in the said Prowers County for at least four consecutive issues, soliciting bids. Said bids to be accompanied with plans and specifications for the con- struction of such bridge. Sec. 4. Upon the receiving of said bids it shall be the duty of the State Engineer to at once make a thor- ough examination of the various plans and specifica- tions submitted in connection with the said bids. After such examination he shall report to said board recom- mending which bid is the lowest taken in connection with the plans and specifications submitted, and if the person, persons or corporation who may have such bid is considered by said board to be responsible, the con- tract shall be awarded to such bidder. If the lowest bidder in accordance with said report be not considered responsible, then the contract shall be awarded to the lowest bidder who may be considered responsible by the said board of construction, who shall give a good and sufficient bond to be approved by said board of construc- tion equal to the amount of the contract for the faith- ful performance thereof. Sec. 5. During the progress of said work the said board shall designate some proper person of suitable ability to act as inspector of said construction, who shall report to the said State Engineer as often as required. Sec. 6. At the time the material for the construc- tion of said work is at said bridge site, the State Engi- neer shall certify in the form of a voucher, to the Auditor, that the said contractor is entitled to receive 50;^ of the amount of the contract price. Sec. 7. Said bridge, when completed, shall be a public highway, and free to the use of all persons and vehicles, and shall be kept in repair by the commission- ers of the said county. Sec. 8. Upon the completion of said bridge in ac- cordance with the plans, specifications and with the Ch. 5.] APPROPRIATION. 31 terms of the contract, and its acceptance by the said state board, the said State Engineer shall draw and approve Engineer a voucher in favor of said contractor for whatever ^Q^^^er amount may be due under the terms of the contract at ^^"^ tl^at time, and the Auditor of State is hereby authorized to draw warrants for the amount specified in the vari- ous vouchers so drawn by the State Engineer from time Auditor draw to time. Necessary expenses for viewing, surveying, lo- warrants. eating, advertising, inspection and testing of material are to be deducted and paid for from the said appropria- tion. Sec. 9. In case the board shall find, after the re- Deficiency of ceipt of the bids for the construction of said bridge, that ^"'^^• the amount then remaining to the credit of the sum hereby appropriated is insuflScient to pay for the same ac- cording to the bid, plans and specifications adopted, construction then construction of the same shall not be abandoned ; not Provided, That the County of Prowers, or any person or ^^oviso'^^^" persons, company or corporation, shall subscribe for and ^^^^ ^^ bind themselves in a manner acceptable and satisfactory to the person, persons, company or corporation entitled to have their bid accepted, to pay the additional amount required to complete the construction of the bridge in accordance with the bid, plans and specifications adopted by the said State Engineer. Sec. 10. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall be in force and take effect from and after its passage. Approved April 7, 1905. 32 APPROPRIATION. [Ch. 6, CHAPTER 6. APPBOPBIATION. BRIDGE— ARKANSAS RIVER. . (S. B. No. 85, by Senator Wood.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A STATE BRIDGE ACROSS THE ARKANSAS RIVER, IN PROWERS COUNTY, COLORADO, ON SECTIONS 14 AND 23, IN TOWNSHIP 23, SOUTH, OF RANGE 42 WEST, ON SAID RIVER, AND TO AP- PROPRIATE MONEY FOR THE PAYMENT OF SAME. Appropriation. Fund. State bridge. Location. Personnel of board. Advertise for plans and speci- fications. Advertise for bids. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of any money in the State Treasury, belonging to the In- ternal Improvement Permanent Fund, or the Internal Im- provement Income Fund, or which may hereafter be cred- ited to either of said funds, the sum of five thousand dol- lars (J5,000), or so much thereof as may be necessary, for the purpose of constructing a State bridge across the Ar- kansas River, in Prowers County, Colorado, at the most available location on said river on sections 14, 15, 22 and 23, in township 23 south, of range 42 west ; the exact loca- tion of such bridge shall be determined by the comtnission mentioned in section (2) of this act. Sec. "2. The State Engineer and the Chairman of the Board of County Commissipners of the County of Prowers shall be and hereby are made a board for the purpose of locating and constructing such bridge. Sec. 3. It is hereby made the duty of said board, as soon as this act takes effect, to advertise for and secure plans and specifications for the construction of such bridge. Sec. 4. Upon the adoption of proper plans and speci- fications for the construction of a wagon bridge as afore Ch. 6.] APPKOPBIATION. 33 said, it shall be the duty of such board to advertise for Let contract. bids in accordance therewith, and thereupon they shall let the contract thereof to the lowest responsible bidder. Sec. 5. Such State bridge, when constructed, shall Public highway. be a public highway, and free to the use of all persons, and when so constructed it shall be the duty of the County of Prowers to keep such bridge in repair, at its own ex- pense. • Sec. 6. Upon the completion of said bridge, accord- Auditor draw ing to contract, the Auditor of State ig hereby authorized warrants. and directed to draw warrants for the amount appro- priated by section (1) of this act, or so much thereof as may be necessary, for the purpose of paying the amount due on said contract. Sec. 7. In case there be no money in said fund or Deficiency of funds to meet the said appropriation or any part thereof, '"'^^• at the time of payment for said work ; or any part thereof, the State^ Treasurer is hereby authorized and directed to Treasurer pay pay the warrants drawn by the Auditor of State, for the warrants-with amount herein appropriated, with valid State warrants s^® warrants. invested in said fund or funds, and said warrants so in- vested shall be received by any and all contractors of Received at said work at par, with accrued interest thereon, in full par. payment of the contract price of said work or any por- tion thereof, for the payment of which there may be no money in said fund or fiends. Sec. 8. In the opinion .of the General Assembly an Emergency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 34 APPROPRIATION. [Ch. 7. CHAPTER 7. APPBOPBIATION. BRIDGE— BIJOU CREEK. Appropriation. Fund. State bridge. Location. Board of construction composed of. Select location. Let contract. Advertise for bids. State Auditor pay warrants. Emergency. (S. B. No. 138, by Senator Hill.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A STATE BRIDGE ACROSS BIJOU CREEK OR RIVER IN MORGAN COUNTY, COLORADO. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any funds in the State Treasury belonging to the Internal Improvement Permanent Fund, or Internal Improve- ment Income Fund, or valid warrants belonging to said funds, not otherv\ise appropriated, the sum of two thousand dollars (?2,000), or so much thereof as may be necessary, for the purpose of constructing a State bridge in Morgan County, across the Bijou Creek or River, at some convenient point upon said stream, within two miles of Vallery station or siding. Sec. 2. The Governor, the State Engineer and the Chairman of the Board of County Commissioners of Mor- gan County shall be and they are hereby constituted a board to select the exact location for said bridge, to let the contract therefor and to superintend the construction thereof, and when so completed to accept the same, and the said board shall advertise for bids for the construction of said bridge and shall let the same to the lowest respon- sible bidder. Sec. 3. Upon the completion of said bridge accord- ing to contract and a certificate to that effect from said commissioners, the State Auditor is directed to pay a warrant or warrants for the sum of said contracts. "Sec. 4. In the opinion of the General Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. Ch. 8.] APPROPRIATION. 35 CHAPTER 8. APPE0PEIAT30N. BRIDGE— CLEAR CREEK. (S. B. No. 104, by Senator Alexander.) AN ACT TO COMPLETE THE CONSTRUCTION OF A BRIDGE ACROSS CLEAR CREEK ON THE COUNTY LINE BETWEEN JEFFER- SON COUNTY AND ADAMS COUNTY, AND TO APPROPRI- ATE MONEY FOR THE SAME. Be it EncLcted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation. money in the State Treasury belonging to the Internal Fund. Improvement Permanent or Income Fund, the sum of fifteen hundred dollars, or so much thereof as may be necessary for the purpose of completing the construc- tion of the State bridge across Clear Creek on the county line between the Counties of Jefferson and Location of Adams; being for the completion of the bridge the con-^'^^^®- struction of which was provided for by the Fourteenth General Assembly of this State by act approved April 15, 1903, appropriating the sum of two thousand five hundred dollars for such construction, which sum has proven inadequate for that purpose. Sec. 2. The State Engineer of this State, with the Board of Chairman of the Board of Commissioners of Jefferson construction. and Adams Counties, are hereby designated and consti- tuted a board for the purpose of constructing and com- pleting such bridge. Sec. 3. It is hereby made the duty of said board, Plans and as soon as this act takes effect, to advertise for and specifications. secure plans and specifications for the completion of said bridge. 36 APPROPRIATION. [Ch. 8. Board- advertise for bids. Let contract. b£ay reject bids* Bond from contractor. Public highway. Repair after construction. Auditor draw warrants. Board certify sum to auditor. Emergency. Sec. 4. Upon the adoption of proper plans and specifications for the completion of said bridge as afore- said, it shall be the duty of said board to advertise for bids for the construction and completion of said bridge, in accordance with said plans and specifications, and thereupon they shall let the contract therefor to the lowest responsible bidder; Provided, however. That the board shall have the power to reject any and all bids and advertise for new bids if, in the judgment of the board, the interests of the public so require. Said board shall require a good and suflBclent bond from the party to whom said contract is awarded, in such sum as the board shall require, conditioned for the completion of such work in accordance with said contract. Sec. 5. Said State bridge, when constructed and completed in accordance with the terms of this act, shall be a public highway, and free to the use of all persons as a wagon bridge. Sec. 6. When constructed and completed, it shall be the duty of the Counties of Jefferson and Adams to keep such bridge in repair at their own joint expense. Sec. 7. Upon the completion of said bridge accord- ing to contract, the Auditor of State is hereby authorized to draw warrants on said funds, or either thereof, men- tioned in section 1 of this act, for the amount hereby appropriated, or so much thereof as may be necessary, for the purpose of paying for the construction and com- pletion of said bridge. Said board shall certify to said Auditor the sum necessary for that purpose, and to whom the same shall be paid. Sec. 8. In the opinion of the General Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, lOQo. Ch. 9.] APPROPRIATION. 37 CHAPTER 9. AFPBOPBIATION. BRIDGE— CLEAR CREEK. (H. B. No. 134, by Mr. O'Connell.) AN ACT TO PROVIDE FOR THE FINISHING OF THE APPROACHES TO A BRIDGE AT THE NORTH FORK OF UPPER CLEAR CREEK, AT THE TOWN OF EMPIRE, COUNTY OF CLEAR CREEK AND STATE OF COLORADO, AND TO APPROPRIATE MONEY FOR THE SAME. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation, money in the State Treasury belonging to the Internal Fund. Improvement Fund or Income Fund and not otherwise appropriated the sum of five hundred dollars or so much thereof as may be necessary to put in a safe and sub- stantial condition the approaches referred to in the title of this act. Sec. 2. The State Engineer of this State with the Board of con- Chairman of the Board of County Commissioners ofstruction. Clear Creek County and the Mayor of the Town of Em- pire, shall be and the same are hereby made a board of construction for the performance of said work. Sec. 3. Upon the completion of said approaches and Auditor draw upon notice from the board it shall be the duty of the warrants. Auditor of State to draw warrants for the amount ap- propriated by section one of this act, or so much thereof as may be necessary for completing said ap- proaches. Sec. 4. In the opinion of the General Assembly, an Emergency. emergency exists; therefore, this act shall be in force and effect from and after its passage. Approved April 7, 1905. 38 APPROPKIATION. [Ch. 10. CHAPTER 10. APPROPRIATION. BRIDGE— CONEJOS RIVEH. (H. B. No. 181, by Mr. Garcia.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF AN IRON OR PARTLY IRON, OR STEEL AND PARTLY WOOD BRIDGE ACROSS THE CONEJOS RIVER, IN CONEJOS COUNTY, COLORADO, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Appropriation. Location of bridge. Proviso- no money- Treasurer draw State warrants. Warrants received by contractor at par. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Improvement Permanent Fund, or the Internal Iniprove- nient Income Fund, and out of any money which may hereafter be credited to said fund or funds and not otherwise appropriated, the sum of three thousand five hundred dollars ($3,500.00), or so much thereof as may be necessary, for the purpose of constructing a State bridge of iron or steel over and across the Conejos River, at or near the Town of Guadalupe, in Conejos County, Colorado, the exact location and the material used to be determined by the commission mentioned in section two hereof; Provided, in case there shall be no money in said funds to meet said appropriation, or any part thereof, at the time of payment for said work, the State Treasurer is hereby authorized and directed to pay the warrants drawn by the Auditor of State for the amount herein appropriated, with valid State warrants, invested in either or both of said funds; said warrants to be received by the contractor of said work at par, with accrued interest thereon, in full payment of the contract price of said work, or any part thereof, for the Ch. 10.] APPROPRIATION. 39 payment of which there may be no money in said funds, or either of them. Sec. 2. The Governor and the State Engineer of Personnel of this State, with the Chairman of the Board of County i>oard of Commissioners of Conejos County, shall be and hereby ^^^^^^°**^'^' are made a board for the locating and construction of said bridge, and it is made the duty of said board, as soon as this act takes effect, to advertise for plans and Advertise for specifications for the construction of said bridge. p^^^is. Sec. 3. Upon the adoption of the plans and specifi- cations for the construction of a wagon bridge as afore- said, it shall be the duty of said board to advertise for Board advertise bids in accordance therewith and thereupon let .the con- for bids, tract to the lowest bidder; Provided, That if the board shall determine, after due examination and survey, that the bridge provided for in this act can not be constructed insufficient with the amount of money herein appropriated, then no appropriation, part of said appropriation shall be expended, unless the Board of County Commissioners of Conejos County, ot other responsible parties, shall agree to furnish the No expenditure amount required in excess of this appropriation, and unless, shall furnish to this commission, or board, satisfactory evidence that such excess money will be forthcoming on demand by said commission, or board, at the completion and acceptance of the work. Sec. 4. Such bridge, when constructed, shall be a Public highway. public highway and free to the use of all persons; and it shall be the duty of the County Commissioners of said county to maintain and keep the same in repair. Sec. 5. Upon the completion of said bridge, on completion, notice from the commission or board, it shall be the duty of the Auditor of State to draw warrants for the amount appropriated by section one, of this act, or so much Auditor thereof as may be necessary, for the purpose of paying ^raw warrants. the amount due on said contract. Sec. 6. In case there be no money in said fund or proviso— no funds to meet the said appropriation, or any part thereof, money in funds. at the time of payment for said work, or any part there- of, the State Treasurer is hereby authorized and directed to pay the warrants drawn by the Auditor of State, for Treasurer draw the amount herein appropriated, with valid State war- state rants invested in said fund or funds, and said warrants ^^"^'^^* so invested shall be received by any and all contractors 40 APPROPRIATION. [Ch. 11. Warrants received by contractor at par. Emergency. of said work at par with accrued interest thereon in full payment of the contract price of said work, or any por- tion thereof, for the payment of which there may be no money in said fund or funds. Sec. 7. Whereas, an emergency exists in the opinion of the General Assembly; therefore, this act shall be in force from and after its passage. Approved April 7, 1905. CHAPTER 11. APFBOFBIATION. BRIDGE-DOLORES RIVER. (H. B. No. 28, by Mr. Hutt.) AN ACT FOR THE CONSTRUCTION OF A BRIDGE ACROSS THE EAST FORK OF THE DOLORES RIVER, AT OR NEAR A POINT THREE MILES NORTH OF THE TOWN OF RICO, IN DOLO- RES COUNTY, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of any money in the State Treasury belonging to the In- ternal Improvement Income Fund, or Permanent Fund, or either of them, or which may hereafter be credited to either of said funds, the sum of two thousand dollars (f 2,000), or so much thereof as may be necessary, for the purpose of constructing a State bridge across the east fork of the Dolores River, at or near a point three miles north of the Town of Rico, in Dolores County, Colorado. Location deter- The exact locatiou of Said bridge shall be determined by mined by board, the Commission mentioned in section two of this act. Personnel of Sec. 2. The State Engineer and the Chairman of board. the Board of County Commissioners of Dolores County Appropriation. From what fund. Construct bridge. Ch. 11.] APPROPRIATION. 41 shall be and are hereby constituted a board for the pur- pose of locating and constructing said bridge. Sec. 3. It is hereby made the duty of said board, as Advertise for soon as this act takes effect, to advertise for and secure plans and speci- plans and specifications for the construction of said ^°^*°'^- bridge. Sec. 4. Upon the adoption of proper plans and Advertise for specifications for the construction of said bridge, it shall ^^- 1)6 the duty of said board to advertise for the construc- tion of the same, according to the plans and specifications Let contract, aforesaid, and thereupon they shall let the contract for the said construction to the lowest responsible bidder. Sec. 5. Said bridge, when constructed, shall be apubiic highway, public highway, and free to the use of all persons. Sec. 6. It shall be the duty of the County of Dolores county keep in to keep said bridge in repair at the expense of said^^P^*"- county when the same shall have been constructed. Sec. 7. When the said bridge shall be completed ac- Auditor draw cording to contract, the Auditor of the State of Colorado warrants, is hereby authorized to draw warrants for the payment of the amount appropriated by section one (1) of this act, or so much thereof as amy [may] be necessary for the purpose of paying the amount due on said contract. Sec. 8. In the opinion of the General Assembly an Emergency, emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 42 APPROPRIATION. rch. 12. CHAPTER 12. APFBOFBIATION. BRIDGE— LAS ANIMAS RIVER. (S. B. No. 107, by Senator Wood.) AN ACT FOR THE CONSTRUCTION OF A BRIDGE ACROSS THE LAS ANIMAS RIVER, AT OR NEAR THE TOWN OF SOPRIS, IN LAS ANIMAS COUNTY, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Appropriation. Fund. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of any money in the State Treasury, belonging to the Internal Permanent Fund, or the Internal Improvement Fund, or out of any money which may hereafter be credited to either of said funds, and not otherwise ap- propriated, the sum of six thousand dollars, or so much thereof as may be necessary for the purpose of con- structing a bridge across the Las Animas River, at or near the Town of Sopris, in Las Animas County. The exact location of such bridge and the material to be used in its construction, shall be determined by the commission mentioned in section 2 of this act. Sec. 2. The State Engineer and the Chairman of the Board of County Commissioners of Las Animas County, shall be, and are hereby, made a board for the purpose of locating and constructing said bridge. Board advertise Sec. 3. It is hereby made the duty of said board, for plans. as soou as this act takes effect, to advertise for and secure plans and specifications for the construction of such bridge. Sec. 4. Upon the adoption of proper plans and specifications for the construction of a bridge, as afore- Location. Personnel of ooard. Ch. 12.] APPROPRIATION. 43 it shall be the duty of said board to advertise Board advertise for bids in accordance therewith, and thereupon they 'or wds. shall let the contract to the lowest responsible bidder; construction- Provided, That if said board shall determine, after ex- proviso, amination and survey, that the bridge provided for in this act can not be constructed with the sum of money hereby appropriated, then, in such case, no part of said appropriation shall be expended, except so much thereof Expenses in- as may be necessary to defray the expenses which may curred. have been incurred by the board in making the neces- sary examination and surveys aforesaid. Sec. 5. Said bridge, when constructed, shall be a Public highway, public highway, and free to the use of all persons. Sec. 6. It shall be the duty of the County of Las county keep in Animas to keep said bridge in repair at the expense of '®p*''- said County, when the same shall have been constructed. Sec. 7. When the said bridge shall be completed according to contract, the Auditor of the State of Colo- Auditor draw rado is hereby authorized to draw warrants for the^""®^®- sum appropriated by section 1 of this act, or so much thereof as may be necessary for the purpose of paying the sum due for the construction of said bridge under the contract for the same. Sec. 8. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 44 APPROPRIATION. [Oh. 13. CHAPTER 13. AFFBOFBIATION. BRIDGE—RIO GRANDE RIVER. ( (S. .B. No. 340, by Senator Adams.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF AN IRON OR STEEL BRIDGE AND APPROACHES THERETO ACROSS THE RIO GRANDE RIVER, AT THE TOWN OF ALAMOSA, BETWEEN THE COUNTIES OF CONEJOS AND COSTILLA, AND MAKING AN APPROPRIATION THEREFOR. Appropriation. Fund. State bridge. Board of construction. jPlans and specifications. Advertise for bids. Contract. Public bierhway. Be it Enacted ty the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any mon^y in the State Treasury belonging to the Internal Improvement Permanent Fund or Internal Improvement Income Fund, the sum of seven thousand dollars (f 7,000), or so much thereof as may be necessary, for the purpose of constructing a State bridge across the Rio Grande River at the Town of Alamosa, between the Counrties of Conejos and Costilla. Sec. 2. The State Engineer and the Chairman [Chair- men] of the Boards of County Commissioners of the Coun- ties of Conejos and Costilla shall be, and hereby are made a board for the purpose of constructing said bridge. It is hereby made the duty of said board, as soon as this act takes rffect [effect], to advertise for and secure plans and specifications for the construction of said bridge. Sec. 3. Upon the adoption of proper plans and specifications as aforesaid, it shall be the duty of said board to advertise for bids in accordance therewith, and thereupon they shall let the contract to the lowest re- sponsible bidder. Sec. 4. Said bridge when constructed shall be a public highway and free to the use of all persons. Ch. 14.] APPROPRIATION. 45 Sec. ^. vVhen constructed it shall be the duty of the Repairs. Counties of Conejos and Costilla jointly to keep said bridge in repair at their own expense. Sec. 6. Upon the completion of said bridge accord- Auditor draw ing to contract, the Auditor of State is hereby author- warrants, ized to draw warrants for the amount appropriated by section 1 of this act, or so much thereof as may be neces- sary for the purpose of paying the amount due on said contract. Sec. 7. In the opinion of the General Assembly an Emergency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 14. APFBOPBIATION. BRIDGE—RIO GRANDE RIVER. (H. B. No. 6, by Mr. Breckenridge.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A BRIDGE AND AP- PROACHES THERETO ACROSS THE RIO GRANDE RIVER IN RIO GRANDE COUNTY, COLORADO, ON THE SECTION LINE, RUNNING NORTH AND SOUTH, BETWEEN SECTIONS NOS. THIRTY-THREE (33) AND THIRTY-FOUR (34) IN TOWNSHIP NO. THIRTY-NINE (39) OF RANGE NO. EIGHT (8) EAST OF NEW MEXICO PRINCIPAL MERIDIAN, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Be it Enckcted by the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of Appropriation. any money in the State Treasury, belonging to the In- Fund, ternal Improvement Permanent Fund, or the Internal Im- provement Income Fund, or which may hereafter be cred- ited to either of said funds, the sum of four thousand 46 APPROPRIATION. [Ch. 14. dollars (f 4,000), or so much thereof as may be necessary, for the purpose of constructing a State bridge across the Rio Grande River, in Rio Grande County, Colorado, at a point on said river where the section line running north and south between sections No. thirty-three (SS) and thirty-four (34) in township No. thirty-nine (39) N. of range eight (8) east New Mexico Principal Meridian, crosses the said river. Sec. 2. The State Engineer with the Board of County Commissioners of the County of Rio Grande, Colo- rado, shall be and hereby are made a board for the purpose of constructing such bridge. Sec. 3. It is hereby made the duty of said board, as •soon as this act takes effect, to advertise for and secure plans and specifications for the construction of such bridge. Sec. 4. Upon the adoption of proper plans and speci- fications for the construction of a wagon bridge as afore- said, it shall be the duty of such board to advertise for bids in accordance therewith, and thereupon they shall let the contract thereof to the lowest responsible bidder, and it is further provided that such board shall require a good and sufficient bond from the party or parties con- structing the same in the sum of ten thousand dollars ($10,000) for the completion of the work in accordance with the contract. Sec. 5. Such State bridge, when constructed, shall be a public highway, and free to the use of all persons, and when so constructed it shall be the duty of the County of Rio Grande to keep such bridge in repair, at its own expense. Sec. 6. Upon the completion of said bridge according to contract, the Auditor of State is hereby authorized and directed to draw warrants for the amount appropriated by section one (1) of this act, or so much thereof as may be necessary, for the purpose of paying the amount due on said contract. Sec. 7. In case there be no money in said fund or funds to meet the said appropriation or any part thereof, at the time of payment for said work, or any part thereof, state Treasurer the State Treasurer is hereby authorized and directed to pay with State pay warrants drawn by the Auditor of State, for the amount herein appropriated, with valid State warrants Location. Personnel of board. Advertise for plans and sped- cations. Advertise for bids. Let contract. Bond for per- formance. Public highway. Auditor draw warrants. Deficiency of fund. warrants. Ch. 15.] APPROPRIATION. 47 invested in said fund or funds, and said warrants so invested shall be received by any and all contractors of Received at par. said work at par, with accrued interest thereon, in full payment of the contract price of said work or any portion thereof, for the payment of which there may be no money in said fund or funds. Sec. 8. In the opinion of the General Assembly an Emergrency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 15. AFPBOPBIATTON. BRIDGE-SAN JUAN RIVER. (H. B. No. 229, by Mr. Wilder.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A WAGON BRIDGE ACROSS THE SAN JUAN RIVER AT THE CITY OF PAGOSA SPRINGS, IN ARCHULETA COUNTY, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF SAME. Be it Enacted "by the General Assemhly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation. money in the State Treasul'y belonging to the Internal Improvement Income Fund, or Permanent Fund, the sum of three thousand dollars ($3,000), or so much thereof as may be necessary, for the purpose of constructing a state bridge. State wagon bridge of iron or steel, across the San Juan River, in the City of Pagosa Springs, Archuleta County, Location the exact location of which bridge shall be determined determined by by the commission mentioned in section 2 of this act. commission. Sec. 2. The Governor and State Engineer of this commission State, and the Chairman of the Board of County Com- composed of. missioners of Archuleta County shall be and are hereby 48 APPROPRIATION. [Ch. 15. Advertise for plans and specifications. Advertise for construction. Contract. Public highway. Repairs. Auditor draw warrants. Emergency. constituted a board for the purpose of locating and con- structing the said bridge. Sec. 3. It is hereby made the duty of said board, as soon as this act takes effect, to advertise for and secure plans and specifications for the construction of said bridge. Sec. 4. Upon the adoption of proper plans and specifications for the construction of said bridge, it shall be the duty of said board to advertise for the construc- tion of the same, according to the plans and specifica- tions aforesaid, and thereupon they shall let the contract for the said construction to the lowest responsible bidder. Sec. 5. Said bridge, when constructed, shall be a public highway, and free to the use of all persons. Sec. 6. It shall be the duty of the County of Archu- leta to keep said bridge in repair at the expense of said county when the same shall have been constructed. Sec. 7. When the said bridge shall be completed according to contract, the Auditor of the State of Colo- rado is hereby authorized to draw warrants for the amount appropriated by section 1 of this act, or so much thereof as may be necessary for the purpose of paying the amount due on said contract. Sec. 8. In the opinion of the General Assembly an emergency exists; therefore, this act shall be in force and effect from and after its passage. Approved April 7, 1905. Ch. 16.] APPROPRIATION. 49 CHAPTER IS. APPEOPEIATION. BRIDGE-SARCILLO CANON ARROYO. (H. B. No. 381, by Mr. Barela.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF AN IRON, OR PARTLY IRON, OR STEEL AND PARTLY WOOD BRIDGE ACROSS THE SARCILLO CANON ARROYO IN LAS ANIMAS COUNTY, COLORADO, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Be it Enacted ty the General Assemhty of the State of Colorado: Section 1. That there is hereby appropriated out Appropriation. of any money in the State Treasury belonging to the Fund. Internal Permanent Income Fund, or the Internal Im- provement Income Fund, or which may hereafter be cred- ited to either of said funds, the sum of two thousand state dollars (f 2,000) or so much thereof as may be necessary bridge. for the purpose of constructing a State bridge across the Sarcillo Arroyo in Las Animas County, Colorado, situ- i^ocation. ated and located at the fourth southeast of the fourth southeast, section 34, township 33 south, range 66 west of the 6th Principal Meridian. Sec. 2. The County Surveyor with the Board of Board of County Commissioners of the County of Las Animas, ^^"^^"^"°^^ Colorado, shall be and hereby are made a board for the ^°"^p°®®^ ^^• purpose of constructing such bridge. Sec. 3. It is hereby made the duty of said board, Advertise for as soon as this act takes effect, to advertise for and secure ^^^^^ ^^^ plans and specifications for construction of such bridge, sp®^^^^^"'"^. Sec. 4. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall take effect and be in force after its passage. Approved April 7, 1905. 50 APPROPRIATION. [Ch. 17. CHAPTER 17. APPEOPEIATION. BRIDGE— YAMPA RIVER. (S. B. No. 35, by Senator Jefferson.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A WAGON BRIDGE ACROSS THE YAMPA RIVER, IN ROUTT COUNTY, AT FRA- KER FORD, AND TO APPROPRIATE MONEY FOR THE PAY- MENT OF THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Appropriation. SectioD 1. There is hereby appropriated out of any Fund. money in the State Treasury belonging to the Internal Improvement Permanent Fund or the Internal Improve- ment Income Fund, and out of any money which may hereafter be credited to said fund or funds and not other- wise appropriated, the sum of five thousand dollars ($5,000.00), or as much thereof as may be necessary for the purpose of constructing a State bridge of iron or steel, or partly wood and iron, over and across the Yampa River at Fraker Ford, ten (10) miles below Lay Location and postoffice, in Routt Couuty, Colorado. The exact loca- materiai. tiou and material used to be determined by the com- mission mentioned in section two (2) hereof; Provided, In case there shall be no money in said funds to meet such appropriation, or any part thereof, at the time of When state payment of said work, the State Treasurer is hereby Treasurer pay authorized and directed to pay the warrants drawn by warrants. ^1^^ Auditor of State for the amount herein appropri- ated, with State warrants to be received by the con- Received at tractor of said work at par, with accrued interest thereon, par. in full payment of the contract price of said work or any Full payment, part thereof, for the payment of which there may be no monev in said funds or either of them. Ch. 18.] APPROPRIATION. 51 Sec. 2. The Governor and the State Engineer of personnel of this State, with the Chairman of the Board of County board. Commissioners of Routt County shall be and hereby are Board deter- made a board for locating and the construction of said mine location. bridge j and it is made the duty of said board as soon as this act takes effect to advertise for plans and speciflca Advertise for tions for the construction of said bridge. vti&nB. Sec. 3. Upon the adoption of plans and specifica- tions for the construction of a wagon bridge as aforesaid, it shall be the duty of said board to advertise for bids in Advertise for accordance therewith, and thereupon let the contract to^^®- the lowest bidder; Provided, That if the board shall Proviso-insuffi- determine, after due examination and survey, that the^®'* '"^^• bridge provided for in this act can not be constructed with the amount of money herein appropriated, then uono expenditure part of the said appropriation shall be expended unless -unless. the Board of County Commissioners of Routt County, -or other responsible parties, shall agree to furnish the amount required in excess of this appropriation, and shall furnish to this commission or board satisfactory evidence that such excess money will be forthcoming on demand by said commission or board, at the completion and ac ceptance of the work. Sec. 4. Such bridge when constructed shall be aPub»c highway. public highway, and free to the use of all persons, and it shall be the duty of the County Commissioners of Routt County to maintain and keep the same in repair. Sec. 5. Upon the completion of said bridge, on notice from the commissioner, it shall be the duty of the Auditor draw Auditor of State to draw warrants for the amount ap- warrants. propriated by section one (1) of this act, as much there- after as may be necessary for the purpose of paying the amount due on said contract. Sec. 6. In case there be no money in said fund or funds to meet the said appropriation, or any part thereof, at the time of the payment of such work, or any part state Treasurer thereof, the State Treasurer is hereby authorized and di- Py warrants- rected to pay the warrants drawn by the Auditor of^^®'^ State for the amount herein appropriated with valid State warrants invested in said fund or funds, and said warrants so invested shall be received by any and all contractors of said work at par, with accrued interest Received at thereon, in full payment of the contract price of said work par. Pull payment. Emergency. 52 APPROPRIATION. [Ch. 18. or any portion thereof, for the payment of which there may "be no money in said fund or funds. Sec. 7. Whereas, in the opinion of the General As- sembly, an emergency exists, therefore this act shall be in force and take effect from and after its passage. Approved April 7, 1905. CHAPTER 18. APPEOPEIATION. W. N. BURDETTE. (H. B. No. 202, by Mr. Cannon.) AN ACT MAKING AN APPROPRIATION TO PAY W. N. BURDETTE, AS- SIGNEE OF O. C. FRENCH, THE SUM OF THIRTEEN HUN- DRED AND NINETEEN DOLLARS ($1,319) OR SO MUCH THEREOF AS MAY BE NECESSARY, DUE AND OWING W. N. BURDETTE, ASSIGNEE OF O. C. FRENCH, FROM THE STATE OF COLORADO, UNDER VOUCHER NO. 1205, BOARD OF WORLD'S FAIR MANAGERS FOR COLORADO, FOR SERV- ICES RENDERED BY O. C. FRENCH AS SECRETARY OF SAID BOARD. Indebtedness. Evidence of Indebtedness. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That, whereas, the State of Colorado is indebted to W. N. Burdette, assignee of O. C. French in the sum of thirteen hundred and nineteen dollars ($1,319) for services rendered by O. C. French, as secretary of the Board of World's Fair Managers for Colorado durtng the years 1893 and 1894; and. Whereas, The amount of said indebtedness is evi- denced by voucher No. 1205 of said Board of World's Fair Managers, dated March 30th, 1894, and by the order of said Board of World's Fair Managers upon the treasurer of said board No. 1205, dated March 30th, 1894 ; and, Ch. 19.] APPROPEIATION. 53 Whereas, Said voucher and order upon the treasurer Authority to was given by authority of said board at its meeting held issue voucher. January 22nd, 1894. Sec. 2. That there is hereby appropriated out of any Appropriation. moneys in the State Treasury, not otherwise appropri- ated, from the general funds the sum of thirteen hundred and nineteen dollars ($1,319), being eight hundred dollars (?800) principal and five hundred and nineteen dollars For services ($519) interest, or so much as may be necessary to pay rendered, the said W. N. Burdette, assignee of O. C. French, the amount due him from the State of Colorado for services rendered as secretary for the Board of World's Fair Man- agers of the State of Colorado. Sec. 3. Whereas, in the opinion of the General Emergency. Assembly an emergency exists; therefore, this act shall be in force from and after its passage. Approved April 11, 1905. CHAPTER 19. APFBOFBIATION. JAMES S. BUSH. (S. B. No. 344, by Senator Balllnger.) AN ACT MAKING AN APPROPRIATION TO PAY JAMES S. BUSH, LATE DEPUTY GAME WARDEN, FOR SERVICES HERETOFORE RENDERED TO THE STATE OF COLORADO AS SUCH DEP- UTY WARDEN, AND TO PROVIDE THE MANNER OF PAY- ING THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out Appropriation. of any moneys in the treasury, not otherwise appropri- ated, belonging to the general revenue fund, the sum of one hundred and thirteen dollars ($113.00), as balance 54 APPROPRIATION. [Ch. 20. Services rendered. Emergency. of s.alary and compensation due to James S. Bush for services rendered to the State of Colorado as deputy Game Warden of said State for the years 1902 and 1903. Sec. 2. In the opinion of the General Assembly an emergency exists; therefore this act shall take effect and be in force from and after its passage. Approved April 11, 1905. CHAPTER 20. APPBOFBIATION. COLORADO SCHOOL OF MINES. Appropriation. Building and improvements. Emergency. (S. B. No. 4, by Senator Alexander.) AN ACT MAKING AN APPROPRIATION FOR THE ERECTION OF AN AD- DITIONAL BUILDING AT THE COLORADO SCHOOL OF MINES AT GOLDEN, AND FOR PROVIDING HEATING, LIGHT- ING AND HYGIENIC APPLIANCES FOR THE SAID INSTITU- TION. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of the funds in the treasury not otherwise appropriated from the revenues of the years 1905 and 1906 the sum of thirty thousand dollars ($30,000.00) for the erection of an additional building at the Colorado School of Mines at Golden, said building to provide proper heating, power, lighting and hygienic appliances for all build- ings at present on the campus and for such other build- ings as may be erected to complete the plant of the said institution, and to be paid from time to time as funds are in the treasury on the order of the board of trustees of said Colorado School of Mines. Sec. 2. In the opinion of the General Assembly an emergency exists; therefore, this act shall be in force and take effect from and after its passage. Approved April 6, 1905. Ch. 21.] APPROPRIATION. 55 CHAPTER 21. APPEOPEIATION. ELECTION CONTEST. (H. B. No. 392, by Mr. Thomas.) AN ACT TO PROVIDE FOR THE PAYMENT OF THE CONTEST ELECTION OF JAMES H. PEABODY AGAINST ALVA ADAMS FOR THE OFFICE OF GOVERNOR NOW PENDING BEFORE THE GEN- ERAL ASSEMBLY OF THE STATE OF COLORADO, AND TO APPROPRIATE THE SUM OF $90,525.44 THEREFOR. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out Appropriation. of any moneys in the State Treasury not otherwise ap- propriated, as legislative expense, for the purpose of paying the expenses incurred in the contest election of James H. Peabody against Alva Adams for the oflSce Expenses eiec- of Governor of the State of Colorado the sum of ninety tion contest. thousand five hundred and twenty-five dollars and forty- four cents ($90,525.44), or so much thereof as may be necessary to pay the expenses of said contest. The Auditor of State is hereby authorized and directed to Auditor draw draw his warrant upon the treasury in payment of the warrants. moneys hereby appropriated, upon vouchers signed by the chairman and chief clerk of the joint election com- mittee having had in charge the said election contest, vouchers. after the same have been audited by the said committee. For Smith-Brooks Printing Company, the sum of printing. $58,797.44, being the balance due said company. For employes of the said election contest committee. Employes of the sum of f 11,354.20 in the following amounts to the f ol- committee. lowing named persons, to-wit: — V. E. McPherson, $170.00; Moses Viancourt, $132.00; W. S. Wykoff, $132.00; T. P. 56 APPROPRIATION. [Ch. 21. Boutwell, 1132.00; Chas. Thompson, \|132.00; Jack Engle, f 132.00; S. F. Austin, \|36.00; Chas. A.Brown,\|88.00; Thos Beard, \|128.00; Geo. Backenbnrg, \|80.00; Wm. J. Breckel 1108.00; John Berchoff, \|32.00; F. E. Brittingham, \|36.00 O. J. Barker, \|36.00; J. L. Beggerstaflf, \|40.00; Chas, Cameron, \|36.00; D. Covnevich, \|32.00; W. F. Comer, 136.00; C. H. Cook, \|32.00; J. V. Cordova, f40.00; H. H Duberdorf, fSS.OO; L. E. Dnnnagan, f32.00; Bnrk Dofify f28.00; L. C. Duncan, f40.00; W. H. Eaker, \|132.00 Kobert Elliott, f36.00; Howard Evans, \|36.00; M. Eman^ nel, fUM; J. S. Fritz, \|84.00; C. C. Fortune, f72.00 Thomas Foot, \|68.00; J. Flintham, $76.00; Geo. Fun cheon, f4.00; David A. Frazier, $12.00; Max Goodman, $16.00; C. E. Ganske, $44.00; E. E. Goodale, $4.00; Geo! Hawkins, $132.00; John Harris, $248.00; Isaac Harper $186.00; Theo. Hawkins, $128.00; W. A. Jameison $116.00; F. H. Kellogg, $80.00; Zelda Knowlton, $108.00 Geo. Kisson, $36.00; F. E. Kiddoo, $36.00; W. C. Lyons, $48.00; Wm. Lawson, $80.00; Ora M. Laswell, $104.00 Wm. Mitchell, $132.00; R. E. Montgomery, $132.00; R. E. Montgomery, Jr., $116.00; Gertrude May, $108.00 Phillip Mixsell, $32.00; Geo. P. Morris, $32.00; E. F. Mooney, $20.00; John Mclnerney, $84.00; Chas. Oval- man, $132.00; F. X. O'Connor, $44.00; J. P. Omstetch, $24.00; E. W. Phillips, $80.00; W. O. Perry, $80.00; J. M. Phillips, $60.00; A. F. Rexroad, $84.00; Harry Ruff ner, $40.00; W. C. Sounders, $88.00; Geo. Simpson, $80.00; F. C. Simmons, $84.00; Joseph Sach, $108.00 Chas. E. Scarbrough, $32.00; F. D. Stocking, $28.00 Robt. Schroder, $80.00; Jos. L. Smith, $36.00; W. C Sutorius, $36.00; O. W. Smith, $44.00; M. L. Salsbury $36.00; Fred Taylor, $132.00; Rov Taylor, $36.00; W. D Todd, $40.00; Carson White, $128.00; Geo. C. Walters, $44.00; P. M. Wiggington, $4.00; F. H. Welman, $44.00 James P. Walsh, $24.00; Chas. W. Reitler, $3,334.20 Richard Holmes, $76.00; C. H. Vinton, $372.00; I. Daf fer, $64.00; C. H. Montgomerv, f 64.00; C. White, $64.00 T. Baird, $64.00; T. P. Boutwell, $64.00; O. J. Barker $64.00; A. C. Watson, $64.00; S. F. Austin, $64.00; H Chew, $64.00; G. H. Backenberg, $64.00; Wm. Ronaldson, $64.00; R. E. Montgomery, $64.00; W. A. Jameison, $64.00; K. R. Connor, $64.00; C. C. Fortune, $64.00; W. J. Breckle, $64.00; John Rutherford, $128.00; A. T. Bostos, $360.00. Ch. 22.] APPROPRIATION. 57 There is hereby appropriated the further sum of Appropriated, f 20.000.00; f 10,000.00 of said sum is to be given to D. B. Fairley, chairman of Republican State Central Committee to be used by him in payment of all expenses Expenses, con- of said contest incurred in behalf of the contestor, James tester. H. Peabody, including attorneys' fees and all other expenses of whatsoever kind or character. To Milton Expenses, con- Smith, chairman of Democratic State Central Commit- t^stee. tee, 110,000.00 to be used by him in payment of all ex- penses of said contest incurred in behalf of the con- testee, Alva Adams, including attorneys' fees and all other expenses of whatsoever kind or character; and to Transcribing ar- Chas. W. Reitler for services in taking in shorthand and^^^nts. transcribing arguments in said contes.t, \|373.80. Sec. 2. In the opinion of the General Assembly Emergency, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 5, 1905. CHAPTER 22. APPEOPEIATION. G. A. R. ENCAMPMENT. (S. B. No. 245, by Senator Robertson.) AN ACT TO PROVIDE FOR THE ENTERTAINMENT OF THE GRAND ARMY OF THE REPUBLIC AT ITS THIRTY-NINTH NA- TIONAL ENCAMPMENT, AND APPROPRIATING TWENTY- FIVE THOUSAND DOLLARS TO BE EXPENDED FOR THAT PURPOSE. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. Whereas, The thirty-ninth national en-a. a. r. campment of the Grand Army of the Republic will be encampment. held in the City and County of Denver, State of Colo- 58 APPROPRIATION. [Ch. 22. Board of commissioners. Duties of board. Appropriation. Auditor draw warrants. Order countersigned by Governor. Treasurer of committee execute bond. Report of board. rado, during the week commencing September 4, 1905; and Whereas, The people of the State of Colorado recog- nize with gratitude the patriotic services which the mem- bers of the Grand Army of the Republic have rendered to the Government of the United States, and they are de- sirous of giving them a cordial and fitting reception on the occasion of the national encampment in Denver. Sec. 2. The Governor of the State of Colorado and the executive committee organized for the purpose of conducting the affairs of said national encampment are hereby constituted a board of commissioners for the State of Colorado to receive from the State and to expend the money appropriated by this act for the purpose of mak- ing suitable preparation for the reception and entertain- ment of the Grand Army of the Republic at the thirty- ninth national encampment, to be held in the City and County of Denver, State of Colorado, in September, 1905. Sec. 3. There is hereby appropriated out of any moneys in the treasury not otherwise appropriated, the sum of twenty-five thousand dollars (\|25,000), to be ex- pended by said board of commissioners for the purposes stated in this act, in accordance with such rules and reg- ulations as they may adopt. Sec. 4. The Auditor of the State shall draw his war- rant or warrants upon the fund hereby appropriated upon the order of said board of commissioners, coun- tersigned by the Governor, and the same shall be paid by the State Treasurer to the treasurer of said executive committee. Sec. 5. The treasurer of said executive committee shall execute a bond to the People of the State of Colo- rado in the penal sum of fifty thousand dollars ($50,000), conditioned for the faithful performance of the duties of such treasurer and the proper payment of said money, with surety or sureties to be approved by the Governor of the State of Colorado. Sec. 6. The said board of commissioners shall, as soon as practicable after the adjournment of said na- tional encampment, make to the Governor a full report of their proceedings and disbursements, together with proper vouchers. Ch. 23.] APPKOPRIATION. 59 Sec. 7. Inasmuch as it will become necessary to Emergency. draw upon this fund before the expiration of ninety days, it is the sense of this General Assembly that an emer- gency exists, and this act shall be in force from and after its passage. Approved April 8, 1905. CHAPTER 23. APPEOPEIATION. GENERAL. (H. B. No. 4, by Mr. Breckenridge.) AN ACT TO PROVIDE FOR THE PAYMENT OF A PART OF THE ORDI- NARY EXPENSES OF THE EXECUTIVE, LEGISLATIVE AND JUDICIAL DEPARTMENTS OF THE STATE OF COLORADO, FOR THE MONTHS OF DECEMBER, 1904, AND JANUARY, FEBRUARY AND MARCH, 1905. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of Appropriation— any money in the treasury not otherwise appropriated, p""- for the purpose of paying part of the ordinary expenses of the Executive, Legislative and Judicial departments Expenses state of the State, and the oflScers and employees thereof, for departments. the fiscal year 1905, the sum of one hundred and eighty- four thousand one hundred and sixty-two and 68/100 dollars (f 184,162.68), as follows: Governor's salary f 1,666.66 Private secretary 500.00 Clerk and stenographer 500.00 Incidental and oflSce expenses 800.00 Lieutenant-Governor, salary 333.33 Incidental expenses 200.00 Secretary of State, salary 1,000.00 60 APPROPRIATION. [Oh. 2e?. Deputy Secretary of State, salary 833.33 One chief clerk, salary 500.00 Commissioner of Public Printing, salary 833.33 One bookkeeper, salary 400.00 One index clerk, salary 400.00 One brand clerk 400.00 Stenographers, (two), salary 800.00 Clerical assistance, salaries 4,000.00 Clerks, flat tax department (two), salaries 900.00 Deputy Labor Commissioner, salary 600.00 Auditor of State, salary. 1,000.00 Deputy, salary 833.33 Bookkeeper, salary 500.00 Assistant bookkeeper and voucher clerk, salary 400.00 Stenographer and clerk, salary 400.00 State Treasurer, salary 2,000.00 Deputy, salary 833.33 Bookkeeper, salary 500.00 Registry clerk and stenographer, salary 400.00 Liquor license clerk, salary 500.00 One assistant license clerk, salary 400.00 Traveling expenses for liquor license clerk and assistant 400.00 Superintendent of Public Instruction, salary.. 1,000.00 Assistant, salary 500.00 Maintenance of State Library 166.66 Clerk and stenographer 400.00 Assistant State Librarian, salary 333.33 Attorney General, salary 1,000.00 First Assistant Attorney General, salary 833.33 Second Assistant Attorney General, salary 800.00 Clerk and stenographers (two), salaries 800.00 Justices of the Supreme Court, (three), salaries 5,000.00 Clerk of the Supreme Court, salary 1,166.66 Supreme Court, Reporter, salary 1,000.00 Deputy Clerk of Supreme Court, salary 666.66 Bailiff of Supreme Court, salary 400.00 Stenographers (three), salaries 1,200.00 Judges of Court of Appeals (three), salaries. . . 5,000.00 Clerk of Court, salary 1,000.00 Bailiff of Court, salary 400.00 Stenographers (three), salaries 1,200.00 District Judges, (twenty-one), salaries 28,000.00 District Attorneys, salaries, (thirteen) 3,466.66 Ch. 23.] APPROPRIATION. fil State Engineer, salary 1,000.00 Assistants, salaries 1,666.66 Inspector of Coal Mines, salary 666.66 Deputy Inspector, salary 500.00 Clerk of Inspector of Coal Mines and Boiler Inspector 400.00 Deputy and Inspector, traveling expenses 333.33 State Board of Arbitration members (two), sal- aries 333.33 Secretary, salary 400.00 Register State Board of Land Commissioners, salary 666.66 Deputy Register, salary 600.00 Superintendent of Mineral Department, salary . 666.66 Appraisers (three), salaries 1,500.00 Timber Warden, salary 500.00 Chief Clerk, salary 500.00 Collection Clerk, salary 400.00 Lease Clerk, salary 400.00 Record Clerk, salary. 400.00 Indemnity Clerk, salary 400.00 Plat Clerk, salary 400.00 Stenographer, salary 400.00 Commissioner of Mines, salary 833.33 Mine Inspectors, (three), salaries 1,500.00 Stenographer and clerk, salary 400.00 Traveling expenses, commissioner 166.66 Traveling expenses, three inspectors 500.00 Clerk and Assistant Curator, salary 500.00 State Board of Charities and Corrections: Secretary, salary 500.00 Expenses, secretary and board 166.66 Stenographer, salary 400.00 (The secretary and stenographer of the Board of Charities and Corrections shall act as secretary and stenographer of the State Board of Pardons, without extra compensa- tion). For salary of Secretary, State Board of Law Examiners 200.00 Expenses of board and secretary 50.00 State Historical and Natural History Society: Curator, salary 500.00 Museum assistant, salary 266.66 62 APPKOPRIATIOX. [Ch. 23. Expenses 100.00 State Board of Eqaalization, Secretary's sal- _ary 500.00 Clerical assistants to the State Board of Equal- ization 100.00 State Board of Horticnltare, members of the board, including secretary and stenogra- pher, salary and expenses 833.33 Boiler Inspector's salary 833.33 Assistant Inspector, salary 500.00 (All salaries, fees and expenses of the Boiler Inspector and Assistant Boiler Inspector to be paid out of the fees collected for the in- spection of boilers, and all expenses to be lim- ited in the sum of \|333.33 ending March 31, 1905). State Dairy Commissioner, salary 400.00 Deputy Dairy Commissioner, salary 333.33 Traveling expenses, Commissioner and Assist- ant 166.66 Forest, Game and Fish Commissioner, salary. . 600.00 Commissioner's traveling expenses 200.00 Clerk 333.33 Forest and Game Wardens, (six), salaries 1,900.00 Traveling expenses, of Wardens, (six) 600.00 Superintendent of Fish Hatcheries, salary 400.00 Superintendent's traveling expenses 133.33 Deputy superintendents (five), salaries 1,600.00 Maintenance, Denver Hatchery 300.00 Maintenance, La Plata Hatchery 300.00 Maintenance, Gunnison Hatchery 300.00 Maintenance, Routt County Hatchery 300.00 Maintenance, Emerald Lakes Hatchery 300.00 Distribution of fry fund 83.33 Gathering spawn fund 266.66 Publication of Constitutional Amendments 8,096.16 Arthur Cornforth, special counsel, Stratton estate 750.00 Incidental expenses, special counsel, Stratton estate 250.00 Expenses in Kansas and Colorado suit to be paid out on vouchers of the Auditing Board 3,000.00 Ch. 23.] APPROPRLVTION. 63 Incidental expenses of the several executive and judicial departments and State bu- reaus 15,000.00 Sec. 2. The above appropriations are intended to Application of provide for the expenses of the several departments men- ^"'^'^s. tioned for the first four months of the current fiscal year; to-wit: From December 1, 1904, to March 31, 1905, inclusive. Period covered. Sec. 3. All warrants issued under the provisions.of w^arrants— to this act shall be made only to the party to whom the^^^"^ issued. State has become indebted, including herein all subordi- nates and employes of the heads of departments, and all accounts for services rendered and items furnished, shall, before the issuance of a warrant therefor, be itemized itemized and and sworn to before an officer authorized by law to make sworn account. affidavits, except in the case of duly elected or appointed Exception. officers of the State receiving a fixed compensation by law, and the same approved by the proper officer of the State. Provided, That in all cases of cash paid out by the Traveling ex- officers for traveling expenses and mileage, said item- penses accom- ized accounts must be accompanied by proper vouchers ^^^1^^^.^^ therefor, signed by the party to whom such money has been paid; Provided further. That no warrants shall be warrants not drawn under the provisions of this act to any officer, drawn until fees OP on any fund, until all the fees and emoluments of any t^Ji^e^^ov^® kind or nature collected by such officer for the preceed- ""^ ing [preceding] month shall have been accounted for under oath, and the amounts turned over to the State Treasurer; and. Provided, further, That no warrants shall Proviso. be drawn under the provisions of this act, to any officer for mileage, charges of fares for traveling done by him in connection with the duties of his office, until he shall make and file with the officer issuing the warrant his affidavit that no part of said traveling was done on a Affidavit— no free or complimentary pass, and that the charges are not traveling done in excess of the amount actually paid by him on account ^^ p^^®®^- of such traveling; Provided, That no part of said inci- Proviso-as to dental fund of f 15,000.00 shall be used for the payment of app"^^*^" ^^ any extra clerical help, or for an additional compensation '"^^ to the employes already specified in this bill. Sec. 4. The said incidental fund of \|15,000.00 for Fund under incidental expenses of the several executive and judi- c<"^^^ ^' cial departments and State bureaus, shall be under the^^^"^' 64 APPROPRIATION. [Ch. 23. Board consists of. Name of board, MeetlniTS. Records. Officers. No compensa- tion. Estimates and requisitions for supplies made to board. Printing and supplies. Secretary fur- nish. Bids. Bills allowed by board. Auditor draw warrants on contingent fund. control and direction of a board consisting of the Gover- nor of the State, Attorney General and the Auditor of State. The said board shall be known as the State Auditing Board and shall sit at least once in each month, for the transaction of business, and such State Auditing Board shall keep a permanent record in detail of each and every expenditure authorized by it to be made, and of each and every warrant ordered by it to be drawn upon said incidental fund. The Governor shall be chair- man of said board, and the Secretary of the State Board of Equalization shall act as secretary of said board, with- out additional compensation for his services. Every chief officer connected with any of the State departments, whether elected or appointed, shall, from time to time, as the necessities of his department require, make and pre- sent to the said board estimates of, and requisitions for, all necessary supplies, printing, postage, stationery, telegraph, telephone and mileage charges, legal fees and charges and other expenses, and other supplies which shall be lawfully required for the use of his departnaent, and no such supplies shall be purchased or furnished, and no such expenses shall be paid, until the said board shall have allowed the requisition. So far as possible the nec- essary supplies, and particularly the printing required to be done for the said several offices and departments of the State government, shall be furnished and done in as large quantities as practicable, and the said board shall furnish to the Secretary of State and the Commissioner of Printing, respectively, upon requisition as above pro- vided, orders for such supplies and printing, as the board shall allow, and the Secretary of State, as the purchas- ing agent of the State, shall proceed to furnish and sup- ply the same as required, after proceeding to advertise and take bids therefor, as required by law. Sec, 5. All supplies, printing and other items herein provided to be furnished, and the mileage and expenses of the various officers and bureaus necessarily expended in carrying on public business, shall be paid out of the said incidental fund, under the control of said board, and when the bills therefor have been allowed by said board, the Auditor of State shall draw his warrant, or warrants, therefor, payable only out of said contigent [contingent] fund, but the receipts shall accompany vouchers and requisitions for moneys expended. The Auditor shall submit to the General Assembly, in his biennal [biennial] Ch. 23.] APPROPRIATION. 65 report, an itemized statement of the expenditures made itemized state- from the appropriation for the said incidental fund. ^^^^ ^^ -^"'^" Sec. 6. There is hereby appropriated out of any money in the State Treasury not otherwise appropriated, Appropriation, for the purpose of paying a part of the expense of the Expenses, Fif- Fifteenth General Assembly, for the per diem of thet^enth General members, the per diem of oflScers and clerks and other ^®^®™^^^- ^ employes of the Fifteenth General Assembly, the sum of \| j fifty thousand dollars, (\|50,000.00), or so much therof U [thereof] as may be necessary. Sec. 7. There is hereby appropriated out of any Appropriation. money in the State Treasury, not otherwise appropriated, the sum of three hundred dollars (fSOO.OO), or so much thereof as may be necessary for the purpose of paying the expenses of the inaugeration [inauguration] of the Expenses of Governor, on January 10, 1905, and the Auditor is hereby inauguration. authorized and directed to draw warrants for the pay- warrants. ment of said expenses upon vouchers approved by the two chairmen of the Inaugeration [Inauguration] Com- mittee of the Senate and House, as shown by the resolu- tions appointing them. Sec. 8. Whereas, L. R. Scott and C. S. Sprague Appropriation. served respectively as Secretary of the House of Repre- l. R- scott and sentatives and the Senate in the opening days of the^ ^ Sora^ue. session of the Fifteenth General Assembly, and prior to its organization; there is hereby appropriated to be paid to each, the sum of fifty dollars (\|50.00), for such services, and the Auditor of State is hereby authorized to issue a^^^^^j. ^^.^^^ warrant to each in the sum of fifty dollars (\|50.00). warrant. Sec. 9. All unexpended balances remaining to the unexpended credit of the appropriation herein mentioned shall, when balance. all bills have been paid, be transferred to the general fund. Sec. 10. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and Emergency be in force from and after its passage. Approved January 26, 1905. 66 APPROPRIATION. [Ch. 24. CHAPTER 24. APPEOPEIATION. GENERAL. (H. B. No. 409, by Mr. Breckenridge.) AN ACT TO PROVIDE FOR THE ORDINARY AND CONTINGENT EX- PENSES OF THE EXECUTIVE, LEGISLATIVE AND JUDICIAL DEPARTMENTS OF THE STATE FOR THE FISCAL YEARS 1905 AND 1906, AND TO CREATE A STATE AUDITING BOARD, WITH CERTAIN DUTIES HEREIN PRESCRIBED WITH REFERENCE TO THE DISBURSEMENT OF THE CON- TINGENT FUND, AND THE REGULATION OF THE HOURS OF EMPLOYMENT, AND SERVICES OF THE DIFFERENT EMPLOYES THEREOF. Be it Enacted hy the General Assembly of the State of Colorado: Appropriation— Section 1. Tbat the following sums, or so much general. thereof as may be necessary, are hereby appropriated out of any money in the treasury, belonging to the gen- eral revenue fund, not otherwise appropriated, for the salaries and expenses of the Executive, Legislative and Judicial departments of the State for the fiscal years Expenses State 1905 and 1906, less the amount of salaries and other ex- departments, penses, for December, January, February and March al- ready paid from -the short appropriation bill. House Bill No. 4, made by the Fifteenth General Assembly, and approved January 26, 1905: 1905 1906 Total Governor's salary f 5,000 $ 5,000 $ 10,000.00 Private secretary, salary. 1,500 1,500 3,000.00 Clerk and stenographer, salary 1,500 1,500 3,000.00 Contingent fund 2,500 2,500 5,000.00 Ch. 24.] APPROPRIATION. 67 1905 1906 Total To James H. Peabody for sixty-seven days ser- vices as Governor of the State, from January 10 to- March 17, 1905, the sum of Lieutenant Governor, sal- ary 1,000 Lieutenant Governor's contingent fund 500 Secretary of State, salary 3,000 Deputy Secretary of State, salary 2,500 One chief clerk, salary . . 1,500 One book-keeper, salary. 1,200 One index clei^, salary. . 1,200 One chief brand clerk, salary 1,500 One chief clerk, tax de- partment, salary 1,500 One clerk, tax depart- ment, salary 1,200 Clerks and stenographers (two), salaries 2,400 Clerical assistants, sal- aries 12,000 Commissioner of Public Printing, salary 2,500 Deputy Labor Commis- sioner, salary 1,800 Traveling expenses ..... 500 Auditor of State, salary. 3,000 Deputy, salary 2,500 Book-keeper, salary 1,800 Assistant book-keeper, salary 1,200 Voucher clerk, salary... 1,200 Stenographer, salary 1,200 State Treasurer, salary. . 6,000 Deputy, salary 2,500 Book-keeper, salary 1,800 Registry clerk and sten- ographer, salary 1,200 1,200 2,400.00 917.90 1,000 2,000.00 500 3,000 1,000.00 6,000.00 2,500 1,500 1,200 1,200 5,000.00 3,000.00 2,400.00 2,400.00 1,500 3,000.00 1,500 3,000.00 1,200 2,400.00 2,400 4,800.00 12,000 24,000.00 2,500 5,000.00 1,800 500 3,000 2,500 1,800 3,600.00 1,000.00 6,000.00 5,000.00 3,600.00 1,200 1,200 1,200 6.000 2,500 1,800 2,400.00 2,400.00 2,400.00 12,000.00 5,000.00 3,600.00 68 APPROPRIATION. 1905 Liquor license clerk, sal- ary 1,500 Liquor license inspectors, (three), salaries 3,600 Traveling expenses, li- quor license inspectors 1,800 Superintendent Public Instruction, salary ... 3,000 Assistant, salary 1,500 Traveling expenses 250 Clerical assistance for Library and Superin- tendent's department.. 750 Maintenance of State Library 500 Clerk and stenographer, salary 1,200 Assistant State Librari- an, salary 1,000 Attorney General, salary 3,000 Deputy Attorney Gen- eral, salary 2,500 Assistant Attorney Gen- eral, salary 2,400 Clerks and stenographers, (two), salaries 2,400 Justices of Supreme Court, (seven), salaries 35,000 Clerk of Supreme Court, salary 3,500 Deputy clerk of Supreme Court, salary 2,000 Assistant clerk, salary . . 1,200 Librarian of Supreme Court, salary 1,200 Supreme Court Reporter, salary 3,000 Bailiff of Supreme Court, salary 1,200 Stenographers, Supreme Court, (four) 4,800 State Board of Law Ex- aminers, expenses .... 500 [Oh. 24. 1906 Total 1,500 3,000.00 3,600 7,200.00 1,800 3,600.00 3,000 1,500 250 6,000.00 3,000.00 500.00 750 1,500.00 500 1,000.00 1,200 2,400.00 1,000 3,000 2,000.00 6,000.00 2,500 5,000.00 2,400 4,800.00 2,400 4,800.00 35,000 70,000.00 3,500 7,000.00 2,000 1,200 4,000.00 2,400.00 1,200 2,400.00 3,000 6,000.00 1,200 2,400.00 4,800 9,600.00 500 1,000.00 Ch. 24.] APPROPRIATION. 69 1905 1906 Total District Judges (twenty- one), salaries 84,000 84,000 168,000.00 District Attorneys (thir- teen), salaries ' 10,400 10,400 20,800.00 State Engineer, salary.. 3,000 3,000 6,000.00 Deputies and Assistants (two), salaries 3,000 3,000 6,000.00 Irrigation Division En- gineers (five), salaries. 7,500 7,500 15,000.00 Necessary expenses 2,500 2,500 5,000.00 Draughtsman, salary . . . 1,200 1,200 2,400.00 Clerk and stenographer, salary 1,200 1,200 2,400.00 For expenses, steam guag- ing [gauging], rating ditches, examination of dams and reservoirs, collecting information of water resources for power and storage, snow records (including such observers or tem- porary help as may be necessary for these pur- poses, as required by law), together with traveling expenses . . . 2,000 2,000 4,000.00 Inspector of Coal Mines, salary : 2,000 Deputy Inspector, salary Clerk of Inspectors of Coal Mines and Boilers Traveling expenses, in- spector and deputy . . . Register, State Board of Land Corn's., salary. . . Deputy Register, salary. Superintendent of Mines, salary 2,000 Appraisers, (three), sal- aries Timber Warden, salary. . 2,000 1,500 2,000 1,500 4,000.00 3,000.00 1,200 1,200 2,400.00 1,000 1,000 2,000.00 2,000 1,800 2,000 1.800 4,000.00 3,600.00 2,000 2,000 4,000.00 4,500 1,500 4,500 1,500 9,000.00 3.000.00 70 APPROPRIATION. [Ch. 24. 1905 1906 Total Chief Clerk, salary 1,500 1,500 3,000.00 Collection Clerk, salary.. 1,200 1,200 2,400.00 Lease Clerk, salary 1,200 1,200 2,400.00 Record Clerk, salary.... 1,200 1,200 2,400,00 Indemnity Clerk, salary. 1,200 1,200 2,400.00 Plat Clerk, salary 1,200 1,200 2,400.00 Stenographers to Land Board, (two), salaries. . 2,400 2,400 4,800.00 For expenses of the State Board of Land Com- missioners, viz: ap- praising for lease, ap- praising for sale, adver- tising, platting, survey- ing, expenses of selling, fees for register and receiver, county clerk's fees and expenses, com- pilation of new records, recompilation of old records, making new indexes, making new plat books, and other expenses of the State Board of Land Commis- sioners 4,000 4,000 8,000.00 Commissioner of Mines, salary 2,500 Traveling expenses 500 Stenographer and clerk, ' salary 1,200 Mine Inspectors, (three), salaries 4,500 Traveling expenses, in- spectors 1,500 Clerk and assistant cur- ator, salary 1,500 Boiler Inspector, salary . . 2,500 Assistant Inspector, sal- ary 1,500 Expenses, Boiler Inspec- tor .. . 500 2,500 500 5,000.00 1,000.00 1,200 2,400.00 4,500 9,000.00 1,500 3,000.00 1,500 2,500 3,000.00 5,000.00 1,500 3,000.00 500 1,000.00 71 1906 Total 500 1,000.00 1,200 2,400.00 1,000 2,000.00 1,800 3,600.00 1,500 3,000.00 500 1,000.00 1,200 2,400.00 Ch. 24.] APPROPRIATION. 1905 Expenses, Assistant In- spector 500 State Dairy Commis- sioner, salary 1,200 Deputy Dairy Commis- sioner, salary 1,000 State Board of Equaliz- ation, Sec, salary 1,800 Secretary, State Board of Charities and Cor- rections, salary 1,500 Expenses, secretary and board 500 Stenographer and secre- tary, salary 1,200 The secretary and sten- ographer of the Board of Charities and Correc- tions shall act as secre- tary and stenographer of the State Board of Pardons, without extra compensation. State Board of Health, expenses and salaries. 5,000 5,000 10,000.00 State Historical and Nat- ural History Society, Curator's salary 1,500 1,500 3,000.00 Museum assistant, salary 800 800 1,600.00 Expenses .\ 400 400 800.00 State Board of Horticul- ture, See's salary 1,000 1,000 2,000.00 For clerical assistance, expenses and salaries of Board, (five) 1,500 1,500 3,000.00 Forest, Game and Fish Commissioner, salary . . 1,800 Traveling expenses 600 Clerk and stenographer, salary 1,200 Forest and Game War- dens, (five), salaries . . . 4,500 1,800 600 3,600.00 1,200.00 1,200 2,400.00 4,500 9,000.00 72 APPROPRIATION. [Ch. 24. 1905 Traveling expenses 1,500 Special Game Warden, (one), salary 1,200 Traveling expenses 300 General Superintendent Fish Hatcheries, salary 1,200 Traveling expenses 400 Superintendent Denver Hatchery, salary 1,200 Superintendent La Plata Hatchery, salary 900 Superintendent Gunnison Hatchery, salary 900 Superintendent Routt County Hatchery, sal- ary 900 Superintendent Emerald Lakes Hatchery, salary 900 Superintendent Del Norte Hatchery, salary 900 Maintenance, Denver Hatchery 900 Maintenance, Gunnison Hatchery 900 Maintenance, La Plata Hatchery 900 Maintenance, Routt County Hatchery 900 Maintenance, Emerald Lakes Hatchery 900 Maintenance, Del Norte Hatchery 900 Gathering spawn for all hatcheries 1,000 Distribution of young fry 300 And for the purpose of paying Thomas Hoff- mire and E. C. Hubbell, Attorneys for contestee in the contest of Martin vs. McCarthy 250 1906 1,500 Total 3,000.00 1,200 300 2,400.00 600.00 1,200 400 2,400.00 800.00 1,200 2,400.00 900 1,800.00 900 1,800.00 900 . 1,800.00 900 1,800.00 900 1,800.00 . 900 1,800.00 900 1,800.00 900 1,800.00 900 1,800.00 900 1,800.00 900 1,800.00 1,000 300 2,000.00 600.00 Ch. 24.] APPROPRIATION. 1905 1906 And for the purpose of paying J. E. Rizier, Attorney for the con- testor in the contest of Martin vs. McCarthy. . 250 And for the purpose of paying William Krier, County Clerk-, as wit- ness in the contest of Tanquary vs. Fisher and Staley vs. Meyer. . 117.60 Sec. 2. That the above amounts shall be used and paid out as required for salaries and expenses as provided by law and not otherwise. For the per diem and mileage of members of the Fifteenth General As- sembly, the per diem of officers, clerks, ser- geants-at-arms, pages, janitors, chaplains and other employes of the Fifteenth Gen- eral Assembly in excess of the amount al- ready appropriated to pay the salaries above enumerated and not already paid from the^ appropriation of one hundred eighty-four thousand, four hundred ninety-six and 01/100 dollars (\|184,496.01) made by the Fifteenth General Assembly, and approved January 26, 1905, f Section 3. To provide for the incidental and contingent expenses of the several de- partments of government and the various bureaus and officers connected therewith, and for the printing of the said departments and bureaus, there is hereby appropriated the sum of f And for the printing required by the Fifteenth General Assembly for the years years 1905 and 1906, viz., House and Sen- ate bills, calendars, roll calls, reports, let- ter heads, envelopes, rules, bill covers, en- grossing blanks, session laws of the Fifteenth General Assembly, House and Senate Jour- nals of the Fifteenth General Assembly, or 73 Total 617.60 Payments- how made. Expenses— mem- bers and em- ployes Fifteenth General Assem- bly. 60,000.00 state depart- ments — Incidental ex- penses. Printing. 50,000.00 Fifteenth General Assembly. Printing. 74 APPROPRIATION. [Ch. 24. SO much thereof as may be necessary, the sum of r I 13,000,00 Secretary of State, for indexing and Journals and compiling the House and Senate Journals laws. and Session Laws for the Fifteenth General Assembly I 2,000.00 Sec. 4. The said contingent fund shall be under the control and direction of a board consisting of the Gov- ernor of the State, Auditor of State and the Attorney- General. The said board shall be known as the State Auditing Board, and shall sit at least once in each month for the transaction of business. The Governor shall be chairman of said board and the secretary of the said State Board of Equalization shall act as secretary of said State Auditing Board without additional compensa- tion ^or^ his services. The chief officer of each of the sev- eral branches of the executive and judicial departments, whether elected or appointed, shall from time to time, as the necessities of his department require, make and pre- sent to the said board, estimates of, and requisition for, all necessary supplies, printing, postage, stationery, tele- graph, telephone and mileage charges, legal fees and charges and other expenses and other supplies which shall lawfully be required for the use of his department, and no such supplies shall be purchased or furnished or other expense incurred, and no expense shall be paid unless a requisition shall have been first presented as aforesaid, and no letter heads or envelopes shall be paid for that cost more than five dollars per thousand. So far as pos- sible, the necessary supplies, and particularly the print- ing required to be done for the several offices and de- partments of the state government, shall be furnished and done in as large quantities and amounts as practicable, and by individuals or firms with established places of bus- iness in the State, upon contract made after advertising and taking bids therefor, as provided by law. The head of each department or bureau shall keep an itemized ac- count of the cost of all printing, supplies and other in- cidental expenses lawfully incurred by such department or bureau, and shall render an account under oath, annu- ally, to the Governor of the State, at the end of each fiscal year. In honoring the requisitions of each department or bureau at the time of delivery of printing, supplies or other things, an itemized statement of the cost shall be Control of con- tinfirent fund. Personnel of board. Name of board. Meetings. Officers. No compensa- tion. Estimates of expenses and requisitions for supplies made to board. Requisitions must be pre- sented. Maximum pried for stationery. Printing should be done in large quantities. On contract. Accounts. Render ac- counts. Ch. 24.] APPBOPBIATION. 75 furnished such department or bureau, so as to enable it to Accounts of keep an accurate account of the expenses. supplies. Sec. 5. All supplies, printing and other things herein provided to be furnished, and the expenses of the various offices and bureaus necessarily incurred in carry- ing on the public business, shall be paid out of the par- ticular contingent fund under the control of said board, Bins allowed and when the bills therefor have been allowed by said^^^ board. board, the Auditor of State shall draw his warrant or war- Auditor draw rants therefor, payable only out of the said contingent warrant on con- fund, but the receipt shall accompany vouchers and requi- "^®"* '""^• sitions for money expended. Provided further, That the said State Auditing Board shall not audit or allow any bill or claim for printing until the same has been meas- printing meas- ured, passed upon and allowed by the Commissioner ofured. Public Printing and not until the provisions of that act passed by the Fourteenth General Assembly so creating said office, have been complied with concerning the same, and the State Auditor shall notaudit or issue his war- rant therefor nor the State Treasurer pay any of such^^jj^ ^^^^^ warrants until the said Commisisoner of Public Printing i,y commis^^ shall have so approved the same and the provisions of sioner of Print- the act so creating that office have been fully complied ingr. with. Sec. 6. The Auditor of State shall submit to the Gen eral Assembly in his biennial report, an itemized state- Auditor's re- ment of the expenditures made from the appropriations p®""- for the said contingent fund and all other contingent and expense funds provided for by this act. Sec. 7. All warrants issued under the provisions of warrants is- this act shall be made only to the party to whom the State ^"®^- has become indebted, including all subordinates and em ployes of departments and all accounts for services ren- dered and items furnished shall, before the issuance of a -warrant therefor, be itemized and sworn to before an offi- swom accounts, c-er authorized by law to make affidavits, except in cases ®^°®p- of duly elected or appointed officers of the State receiv- ing a fixed compensation by law, and the same approved by the proper officers of the State ; Provided, That in all cases of cash paid out by the officers for traveling ex- penses and mileage, said itemized account must be accom- panied by proper vouchers therefor, signed by the party vouchers for to whom such money has been paid ; Provided further, ^^^^ expendi- That no warrants shall be drawn under the provisions of "^^^* 76 APPBOPBIATION. [Ch. 25. Warrants not drawn until fees are turned over. Affidavit— no traveling on pass. Balance to gen- eral fund. Emergency. this act to any officer, or on any fund, until all fees and emoluments of any kind or nature collected by such officer for the preceding month shall have been accounted for under oath, and the amounts turned over to the State Treasurer; and, Provided, further. That no warrants shall be drawn under the provisions of this act to any officer for traveling expenses incurred by him in connec- tion with the duties of his office, until he shall make and file with the officer issuing the warrant, his affidavit that no part of said traveling for which the bill has been ren- dered was done on a free or complimentary pass, and that the said charges are not in excess of the amount actually paid by him on account of such traveling. Sec. 8. All unexpended balances remaining to the credit of any appropriation herein mentioned for the fiscal years 1905-1906, after all bills have been paid, shall be transferred to the general fund. Sec. 9. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 3, 1905. CHAPTER 25. APPBOPBIATION. D. F. HOW. (H. B. No. 396. by Mr. Wilder.) AN ACT FOR THE RELIEF OF D. F. HOW . Be it Enacted by the General Assembly of the State of Colorado: Section 1. That the sum of fifty-eight dollars and Appropriation, elghty-oue cents (f58.81) be appropriated out of any moneys in the Internal Improvement Permanent or In- Fund. come Funds not otherwise appropriated, for the pur- pose of paying D. F. How money expended by him as Ch. 26.] APPROPRIATION. 77 deputy State Treasurer in paying warrants drawn on the Hinsdale and Ban Juan road fund. Sec. 2. In the opinion of the General Assembly an emergency exists; therefore, this act shall take ef- Emergrency. feet and be in force from and after its passage. Approved April 11, 1905. CHAPTER 26. APPEOPEIATION. LEWIS AND CLARK CENTENNIAL EXPOSITION. (H. B. No. 345. by Mr. Bromley.) AN ACT TO MAKE AN APPROPRIATION FOR THE PURPOSE OF ERECT- ING A STATE BUILDING AND PLACING A COLORADO EX- HIBIT AT THE LEWIS AND CLARK CENTENNIAL EXPOSI- TION TO BE HELD AT PORTLAND, OREGON, IN THE YEAR 1905, AND TO PROVIDE A COMMISSION FOR THE PUR- POSE OF CONSTRUCTING THE SAID BUILDING AND TO DEFINE THE DUTIES THEREOF. Be it Enacted hy the General Assembly of the Btate of Colorado: Section 1. That for the purpose of erecting a State building and placing a Colorado exhibit at the Lewis Exhibit and Clark Centennial Exposition to be held at Portland, Lewis-ciark Oregon, beginning June 1st, 1905, and ending October ^^p®^^^^- 15, 1905, there is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, the Appropriation. sum of fifteen thousand (\|15,000) dollars or so much thereof as may be necessary and the Auditor of State is hereby authorized to issue warrants upon such funds Auditor issue upon vouchers of the Board of Commissioners of the warrants. Lewis and Clark Centennial Exposition of Colorado, properly certified by the President and Commissioner in certified Chief of said board, and attested by the Secretary of vouchers. said board and accompanied by estimates of the ex- penses for which the money so drawn is to be applied, commission- Sec. 2. Immediately upon the taking effect of this appointed- act, the Governor shall appoint three (3) commissioners number. 78 APPROPRIATION. [Oh. 27. Desigrnation of commission. Officers. Report to Governor. Governor transmit report to General Assembly. Board receive no compensation —except. Compensation. Emergency. for Colorado to constitute a Board of Lewis and Clark Centennial Exposition Managers of Colorado and such board shall have power to elect from their number a president and secretary and shall likewise have power to appoint a commissioner in chief and such other em- ployes as may be necessary and to fix the salaries and compensation. Sec. 3. The said board of commissioners shall make a report to the Governor of the State on or before Jan- uary 1, 1906, showing how the moneys appropriated have been expended and the said report shall be by the Gov- ernor transmitted to the General Assembly when it shall convene. Sec. 4. No member of the board of commissioners above mentioned shall receive any compensation for his services except the Commissioner in Chief and the secre- tary of said board who shall receive such compensation as may be agreed upon by the said Board of Commis- sioners with the approval of the Governor of the State. Sec. 5. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. CHAPTER 27. I APPEOPEIATION. MEMORIAL MONUMENT. (H. B. No. 105, by Mr. Smith.) AN ACT TO PROVIDE FOR A MONUMENT TO BE ERECTED TO THE MEMORY OF THE COLORADO SOLDIERS WHO FELL IN THE CIVIL WAR, TO BE ERECTED ON THE STATE CAPI- TOL GROUNDS AT DENVER, AND MAKING AN APPROPRIA- TION THEREFOR. Be it Enacted by the General Assembly of the State of Colorado: Appropriated. Section 1. There is hereby appropriated out of any moneys in the State Treasury of the funds of any fiscal Ch. 27.] APPROPRIATION. 79 year, not otherwise appropriated, the sum of fifteen thou- sand dollars (f 15,000) for the purpose of erecting a suit- Erect monu- able monument to the memory of the Colorado solditTS ™®°^ who fell in the Civil War. See 2. John D. Howland, of the City of Denver, a Members of member of the First Colorado Cavalry, together with the ^oard. Governor and the Department Commander of the Depart- ment of Colorado and Wyoming G. A. R., shall be, and are hereby constituted a board for the purpose of locat- Duties, ing a site for and erecting said monument, said board to serve without compensation. Sec. 3. It shall be the duty of the board, as soon as may be practical and possible after this act shall take Select location effect, to carefully investigate and select the most desir- ^^ capitoi able location, upon the State Capitol grounds at Denver, ^®"^^^- for the site of the said monument. Sec. 4. After the location of the site for the said monument, the board herein provided for shall advertise Advertise for for designs for said monument, offering such a prize for desigrns. the best design as they may deem proper; after having Prize for best selected the design that in their opinions shall be the^^esign. best, from those submitted, they shall let a contract for Let contract. the erection of the same to the lowest responsible bidder; Provided however, That said board may reserve the right to reject any and all bids if such action be deemed May reject bids, necessary, and it shall be the duty of the board to adver- Advertise for tise for bids for the work of making and erecting said bids for erec- monument; said advertisement shall be inserted for at®°- least thirty (30) days in a newspaper of general circulation l>ublished in the City and County of Denver; And Pro- vided, further, That said board shall require a good and sufficient bond with sureties, to be approved by said board, from the party or parties contracting for said Bond of con- work in the sum of double the amount named in the con- tractor. tract price of said work, conditioned for the completion of the work in accordance with the contract and specifi- cations in detail as shall be provided by the board. Sec. 5. Whenever any part of the work shall have been completed according to contract or agreement and Auditor draw accepted by the board, the Auditor of State is hereby warrants, directed to draw a warrant for the amount due for that work on the certificate of the board that the said work has been completed according to contract or agreement, and that the same has been accepted by the board. 80 APPROPRIATION. [Ch. 28. Emergency. Sec. 6. In the Opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 8, 1905. CHAPTER 28. AFPBOPBIATIOir. CHARLES OVELMAN, ET AL. (H. B. No. 284. by Mr. Thomas.) AN ACT APPROPRIATING THE SUM OF ONE HUNDRED AND TWENTY- SIX DOLLARS AND FIFTY CENTS ($126.50) FOR THE RELEIF [RELIEF] OF CHARLES OVELMAN, HARRY McHUGH AND CHARLES L. METZER. Appropriation. Auditor draw warrant Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of the moneys in the State Treasury, not otherwise appropriated, for the purpose of paying Charles Ovelman, seventy-five dollars (f75), Harry McHugh, forty-five dollars (\|45) and Charles L. Metzer six dollars and fifty cents (f6.50). The said sum having been by the Fourteenth Gen- eral Assembly appropriated for the purpose of paying the expenses growing out of the conduct, prosecution and defense of certain election contests in the House pertain- ing to the Fourteenth General Assembly. By reason of the death of the Speaker of the House of the Fourteenth General Assembly, no warrant for the amount had been drawn and the said amount was on the 30th day of November, 1904, covered in the State Treasury. Sec. 2. Upon the passage of this act the State Atidi- tor is hereby directed to draw warrants upon the State Treasurer in favor of the parties herein named and in their respective amounts. Ch. 29.] APPROPRIATION. 81 Sec. 3. In the opinion of the General Assembly an Emergency, emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 11, 1905. CHAPTER 29. APPBOPBIATIOK. HARRY V. PALMER. (S. B. No. 132, by Senator Ballinsrer.) AN ACT FOR THE RELIEF OF HARRY V. PALMER. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation, moneys in the State Treasury, not otherwise appropri- ated, the sum of five thousand dollars (\|5,000.00), for the relief of Harry V. Palmer, a sergeant in Battery "A,'' otherwise designated the Chaffee Light Artillery, of the National Guard of Colorado, on account of injuries re- ceived while in the service of the State of Colorado, dur- ing the encampment of the National Guard at Boulder, in the said State, in the year A. D. 1901. Sec. 2. The Auditor of the State is hereby author- Auditor draw ized and directed to draw warrants in payment of the warrant. appropriation made by section 1 of this act for the sum of five thousand dollars (\|5,000.00), upon the moneys in the State Treasury, of the revenues of anj fiscal year, not otherwise appropriated. Sec. 3. That an act entitled "An act for the relief Repeal of Harry V. Palmer," approved April 16, 1903, be, and the same is, hereby repealed. 82 APPROPRIATION. [Ch. 30. Emergency. gec. 4. Whereas, in the opinion of the General As- sembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 11, 1905. CHAPTER 30. APPEOPEIATIOBr. STATE AGRICULTURAL COLLEGE. Appropriation. Purpose. Improvement of instruction. (S. B. No. 172, by Senator Drake.) AN ACT TO APPROPRIATE THE SUM OF THIRTY THOUSAND DOLLARS FOR THE PURPOSE OF SUPPLEMENTING AND EXTEND- ING THE COURSE OF INSTRUCTION AT THE STATE AGRI- CULTURAL COLLEGE, AND THE WORK OF THE EXPERI- MENTAL STATION CONDUCTED IN CONNECTION WITH SAID COLLEGE, DURING THE YEARS 1905 AND 1906. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated the sum of four thousand dollars (f 4,000.00) annually from the sum hereinafter appropriated for the purpose of supplement- ing and extending the instruction upon the following sub- jects, at the State Agricultural College; to give thorough and reliable instruction in the economic production of crops ; the treatment of the different soils of the State in such manner as to secure the largest returns from each, and without impairing its fertility ; a proper application and uses of water in irrigation for the growth of the vari- ous farm crops and grasses; the principals of breeding and management of live stock, including animal diseases ; a thorough knowledge of the various breeds and market classes; the economic and sanitary production of dairy goods, and the best method of meeting the existing market demands and extending and developing trade in the agri- cultural productions of the State, and to enable the State Ch. 30.] APPROPRIATION. 83 Agricultural College to provide and maintain such live stock specimens, laboratories and buildings, apparatus and other material equipment, together with teachers of such experience and skill, as shall make said instruction effective, and it shall be the duty of the State Board of Agriculture and the head of the agricultural department Determination of said college to prepare and adopt the lines upon which of "nes of work. said work of instruction shall be conducted. Sec. 2. It shall be the duty of the Agricultural Ex- Agricultural perimental Station, in addition to the work already pro- ^^p®^™®"^^^ vided, to conduct investigations calculated to develop the^^^"^^^ investi- beef, pork, mutton, wool and horse producing interests of gations. the State, and especially to devise and conduct feeding experiments intended to determine the most successful combination of stock foods, particularly in Colorado grasses, grains and forage crops, and to discover the most Colorado economical and successful methods of maintaining ani- grasses. mals and feeding them for the market; to investigate the various contagious and other diseases of live stock, espe- cially of poisonous plants infecting the ranges of Colo- rado; to investigate live stock conditions, both at home Publish results. and in other states of the Union, and to publish the results of such experiments and investigations; and in order to carry out the provisions of this section, there is hereby Appropriation, appropriated the sum of five thousand dollars (f5,000) annually from the amount hereinafter appropriated. Sec. 3. It shall be the further duty of the agricul- Further duty of tural experimental station to conduct co-operative ex- station. periments in the several sections of the State in order to co-operative discover the best methods of producing grain, forage and ©^cperiments. grasses on the different soils and under the various cli'- matic conditions of the State, for the purpose of improv- ing the different varieties grown for the several purposes. Publish results. and to publish results of such experiments; and to carry out the provisions of this section, there is hereby appro- Appropriation, priated the sum of fifteen hundred dollars (\|1,500) an- nually from the amount hereinafter appropriated. Sec. 4. It shall be the further duty of the agricul- Further duty of tural experimental station to investigate and demonstrate station. the best method of fertilizing, seeding and cultivating investigate cui- sugar beets, potatoes and other root crops on the various tivation. soils of the different sections of the State; to experiment upon the production of sugar beet seed, especially adapted 84 APPEOPBIATION. [Ch. 30. Publish results. Appropriation. State Board of A^culture. Farmers Insti- tute—annually. Appropriation. Duties— State Board of Agrri' culture. Appropriation. Auditor draw warrants for certificates of indebtedness. Emerjfency. to Colorado conditions, and to perform such other experi- ments and conduct such other investigations as are calcu- lated to increase the yield of potatoes and sugar beets and percentage of sugar in the beet crop, and to publish reports on such experiments ; and, to carry out the provis- ions of this section, there is hereby appropriated the sum of five hundred dollars (\|500.00) from the amount here- inafter appropriated annually. Sec. 5. It shall be the duty of the State Board of Agriculture, through its officers and those of the State Agricultural College, to organize and conduct a farmers' institute annually in each agricultural county of the State, to instruct the stock men and farmers, and those interested in agriculture and horticulture and kindred in- dustries ; and, to carry out the provisions of this act, there is hereby appropriated the sum of four thousand dollars (\|4,000) annually from the amount hereinafter appro- priated. Sec. 6. It shall be the duty of the State Board of Agriculture to appropriate and set aside annually the ap- propriation of the funds herein specified in this act, for the purposes herein mentioned, and to see that the amounts are disbursed in accordance with the provisions of this act. Sec. 7. The sum of thirty thousand dollars (\|30,- 000) is hereby appropriated out of any money in the State Treasury not otherwise appropriated for the years 1905 and 1906, for the purpose of carrying into effect the pro- visions of this act, and the Auditor of State is hereby au- thorized and directed to draw warrants upon the funds created by this section, upon presentation of certificates of indebtedness issued by the State Board of Agriculture, duly signed by the president and countersigned by the secretary. Sec. 8. In the opinion of the General Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. Ch. 31.] APPROPRIATION. 85 CHAPTER 31. APPBOPBIATION. STATE BOARD OF LIBRARY COMMISSIONERS. I (S. B. No. 267, by Senator Anfenger.) AN ACT MAKING AN APPROPRIATION FOR THE STATE BOARD OF LIBRARY COMMISSIONERS FOR THE YEARS 1905 AND 1906. Be it Enacted hy the Qenerai Assembly of the State of Colorado: Section 1. That there is hereby appropriated, for Appropriation. the expense of the State Board of Library Commission- ers, for the years 1905 and 1906, the sum of five hundred Expense. dollars (\|500.00), the same to be drawn upon vouchers certified by the president and secretary of said board, two certified hundred and fifty dollars (\|250.00) for the year 1905, and vouchers. two hundred and fifty dollars (\|250.00) for the year 1906. Sec. 2. Whereas, in the opinion of the Qenerai As- Emergency. sembly,. an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. 8(> APPROPRIATION. [Oh..32. CHAPTER 32. AFPBOPBIATION. STATE BUREAU OF CHILD AND ANIMAL PROTECTION. (H. B. No. 137, by Mr. Vance.) AN ACT MAKING AN APPROPRIATION FOR THE STATE BUREAU OF CHILD AND ANIMAL PROTECTION FOR THE YEARS 1905 AND 1906. Appropriation. Purpose. Time covered. Auditor draw warrants. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That six thousand dollars (f6,000) is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, to the State Bureau of Child and Animal Protection for the purpose of carry- ing out the provisions of an act entitled "An act to pre- vent wrongs to children and dumb animals and to estab- lish a bureau of child and animal protection." Sec. 2. That said appropriation be made for the years 1905 and 1906, commencing July 1, 1905 and ending June 30, 1907, one half of said amount to be used during the first year and the other half to be used during the second year. Sec. 3. The State Auditor is hereby authorized to draw warrants for the payment of the expenses of said bureau upon vouchers certified by the president of said bureau of child and animal protection and attested by the secretary thereof. Approved April 6, 1905. Ch. 33.] APPROPRIATION. 87 CHAPTER 33. APPBOPBIATION. STATE CAPITOL BUILDING. (H. B. No. 113, by Mr. Stephen.) AN ACT MAKING AN APPROPRIATION FOR THE PAYMENT OF A PART OF THE EXPENSES FOR THE MAINTENANCE AND SUP- PORT OF THE CAPITOL BUILDING AND GROUNDS. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation, funds in what is known as the "Capitol Building Fund", ^^^^ and not otherwise appropriated, the sum of fourteen thousand (f 14,000) dollars to pay a part of the mainte- nance and support of the State Capitol Building and grounds of the State of Colorado, for the furnishing of Expenses state coal, light, water, telephone service, supplies for legisla- capitoi Building ture and State officers, engine, boiler and electric sup- ^"^ Grounds, plies, wages of engineers, firemen, janitors, watchmen, elevator pilots, laborers, and other necessary expenses. Sec. 2. The certificates of indebtedness issued in certificates bear payment thereof shall bear interest at the rate of five (5) interest. per cent, per annum from the date of presentation to the date of payment thereof. Sec. 3. All acts and parts of acts inconsistent with Repeal. the provisions hereof are hereby repealed. Sec. 4. In the opinion of the General Assembly an emergency exists with regard to the matters provided for Emergency. in this bill ; and, therefore, this act shall take effect and be in force from and after its passage. Approved February 17, 1905. 88 APPROPRIATION. [Ch. 34. CHAPTER 34. AFFBOPBIATION. STATE CAPITOL BUILDING. (S. B. No. 216, by Senator Ballinger.) AN ACT MAKING APPROPRIATIONS FOR THE MAINTENANCE AND SUP- PORT OF THE STATE CAPITOL BUILDING AND GROUNDS OF THE STATE OF COLORADO FOR THE YEARS 1905 AND 1906, AND FOR REPLACING OLD FURNITURE AND CAR- PETS AND SUPPLYING NEW FURNITURE IN THE DIFFER- ENT DEPARTMENTS OF THE CAPITOL BUILDING WHERE REQUIRED. Maintenance and support. Wages of employes. Appropriation. Furniture and carpets. Appropriation. Auditor issue certificates of Indebtedness. Claims audited by Capitol Managers. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. For the maintenance and support of the State Capitol Building and grounds of the State of Colo- rado, for the furnishing of fuel, light, water and telephone service, for supplies for Legislature, State offices, janitors, engines, boilers, elevators, grounds, etc.; also wages for engineers, firemen, watchmen, elevator pilots, janitors and laborers on grounds for the years 1905 and 1906, there is hereby appropriated out of the Capitol Building Fund the sum of sixty-three thousand dollars (f 63,000.00), or so much as may be necessary. Sec. 2. For the purpose of replacing old furniture .and carpets and supplying new furniture where required in the different departments, there is hereby appropriated out of the Capitol Building Fund the sum of five thousand dollars (f5,000), or as much thereof as may be necessary, and for which no funds have been appropriated since 1901. Sec. 3. The Auditor of State is hereby authorized and directed to issue certificates of indebtedness, for all claims duly audited and certified by the Board of Capitol Managers for material furnished and labor performed, where there are no funds in the treasury at the time of the Ch. 35.] APPROPRIATION. 89 issuance thereof, to meet the same, said certificates of in- debtedness to be payable out of the Capitol Building Fund and out of the moneys appropriated for the maintenance and support of said Capitol Building and grounds. The faith and credit of the State of Colorado is Credit of state hereby pledged for the payment of interest and principal pledged for of this indebtedness ; and it is further provided, that the iV"®°^- said certificates of indebtedness shall be presented to the State Treasurer, who shall thereupon countersign and in- dorse the same as bearing interest at the rate of five (5) certificates bear per cent, per annum, payable semi-annually from the date Ave per cent. of presentation to the date of payment thereof ; but in no I'l^^rest. event shall the certificates be in excess of the appropria- tions made for the maintenance. Sec. 4. In the opinion of the General Assembly an jj^jgj.^^jj^y emergency exists; therefore, this act shall take effect and be in full force from and after its passage. Approved April 6, 1905. CHAPTER 35. APPBOPBIATION. STATE CAPITOL BUILDING. (S. B. No. 213, by Senator BalUnger.) AN ACT MAKING AN APPROPRIATION FOR THE COMPLETION OF THE STATE CAPITOL BUILDING, AND TO PAY FOR SPECIAL IMPROVEMENTS SURROUNDING THE GROUNDS HERETO- FORE MADE, OF THE STATE OF COLORADO, AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF INDEBTEDNESS IN PAYMENT FOR LABOR AND MATERIAL USED IN THE COMPLETION AND IMPROVEMENTS THEREOF. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation. moneys in the treasury, being funds collected by levy or otherwise, for the completion of the State Capitol, and 90 APPROPRIATION. [Ch. 35. Equipping: of vaults. Painting:. Auditor issue certificates of indebtedness. When payable out of "Capitol Building: Fund.' Credit of State pledg:ed for payment. Bear five per cent, interest. State Treasurer advertise number of certificate to be paid. from such other funds as make part of what is known and styled as the "Capitol Building Fund," and not other- wise appropriated, the sum of fifty thousand, six hundred and seventy-eight and fourteen one-hundredths dollars ($50,678.14), or so much thereof as may be necessary. It is hereby provided that this sum is hereby appro- priated for the purpose of equipping the vaults of the different departments with metal fixtures and furnishings, painting all metal from roof line to dome, and for the purpose of purchasing and putting in place in the Senate Chamber a stained glass window containing the life size portrait of the late Senator Edward O. Wolcott, and for all the expenses of placing all stained glass windows in said Senate Chamber, refilling and revarnishing all in- terior woodwork, painting walls and ceilings and base- ment floor, and making such other improvements as may be deemed advisable by th^^oard of Capitol Managers. Sec. 2. The Auditor of State is hereby authorized and directed to issue certificates of indebtedness for all claims duly audited and certified by the Board of Capitol Managers for material furnished and labor performed in and about the completion and improvements of said build- ing; where there are no funds in the treasury at the time of the issuance thereof, to meet the same, said certificates of indebtedness to be payable out of the Capitol Building Fund, and out of the moneys appropriated for the com pletion and improvements of said Capitol Building. The faith and credit of the State of Colorado is hereby pledged for the payment of interest and principal of this indebted- ness ; and it is further provided, that the said certificates of indebtedness shall be presented to the State Treasurer, who shall thereupon countersign and indorse the same as bearing interest at the rate of five per cent. (5^) per annum, from the date of presentation to the date of pay- ment thereof; but in no event shall the certificates be in excess of the appropriations made for the completion and improvements of said building. Sec. 3. On the tenth day of each and every month, if there be funds in the treasury to pay any certificates of indebtedness provided for in the foregoing section, the Treasurer of State is hereby required and directed to give notice by advertisement in a newspaper published in the City of Denver, designating the certificate by number, in order of their presentation to the State Treasurer and Ch. 36.] APPROPRIATION. 91 indorspjlbereoii which the funds in the treasury will pay. At th^«piration of thirty days from the date of the last interest shall insertion, interest on the certificate so named as being cease, payable shall cease. Sec. 4. All acts and parts of acts inconsistent with ^^^^^ the previsions [provisions] hereof are hereby repealed. Sec. 5. In the opinion of the General Assembly, an emergency exists with regard to the matters provided for ™®''^®^^y- in this bill, and therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. CHAPTER 36. APPBOPBIATION. STATE FAIR FUND. (S. B. No. 205, by Senator Pryor.) AN ACT MAKING AN APPROPRIATION TO THE STATE BOARD OF AGRI- CULTURE AND STATE BOARD OF HORTICULTURE FOR THE BENEFIT OF THE STATE FAIR FUND, FOR THE YEARS 1905 AND 1906. Be it Enacted hy the General Assembly of the Btate of Colorado: Section 1. That twelve thousand ($12,000.00) dollars is hereby appropriated out of the moneys in the State '^^^'^^^^^ ^* °"* Treasury not otherwise appropriated to the State Board of Agriculture -and the State Board of Horticulture, as "the State Fair Fund", for the purpose of carrying out the provisions of an act of the General Assembly, ap- proved April 15, 1903, entitled : "To encourage annual displays of live stock and of the products of agriculture and of horticulture, and all ^"'^p^^®* other interests of the State, at the State Fair at Pueblo, and to authorize the State Board of Agriculture and the 92 APPROPRIATION. [Ch. 36. Boards offer premiums. State Board of Horticulture to offer premiums in cash, and to provide for the payment of such premiuiriir* Sec. 2. That said appropriation be made for the years 1905 and 1906, and that out of the said sum of twelve thousand (\|12,000.00) dollars the sum of four thou- sand (f4,000.00) dollars shall be appropriated for each year to the State Board of Agriculture, to be awarded under the rules and regulations adopted by said State state Board of Board of Agriculture for cash premiums for the best Agriculture. displays of agricultural products and of live stock, at anTagricuu^^^^^ State Fair held annually at Pueblo by the Pueblo- dispiays. Colorado state Fair Association. Sec. 3. That out of said appropriation of twelve thousand ({12,000.00) dollars the sum of two thousand state Board of (f 2,000.00) dollars shall be appropriated for each year to Horticulture, the State Board of Horticulture, to be awarded, under the rules and regulations adopted by the said State Board of Horticulture for cash premiums for the best displays of horticulture at the State Fair, held annually at Pueblo by the Pueblo-Colorado State Fair Association. Sec. 4. The Auditor of State is hereby authorized to draw warrants upon the State Fair Fund for the pay- ment of vouchers certified by the president of the State Board of Agriculture and attested 'by the secretary thereof for the amount of money hereby appropriated to said board. And the Auditor of State is hereby authorized to draw warrants upon the State Fair Fund for the pay- ment of vouchers certified by the president of the State Board of Horticulture and attested by the secretary thereof for the amount of money hereby appropriated to said board. Sec. 5. In the opinion of the General Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. Awards. Horticultural displays, state Pair- held where. Auditor draw warrants on fund. Auditor draw warrants on fund. Emergency. Ch. 37.] APPEOPBIATION. 93 CHAPTER 37. APPBOPBIATION. STATE HOME FOR DEPENDENT AND NEGLECTED CHILDREN. (H. B, No. 69, by Mr. Keezer.) AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT, MAINTE- NANCE AND IMPROVEMENT OF THE STATE HOME FOR DEPENDENT AND NEGLECTED CHILDREN FOR THE TWO YEARS ENDING NOVEMBER 30, 1906. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of , _, ,, • j.i_ oi-L J. m I xi_ •■ Appropriation. any moneys in the State Treasury, not otherwise appro- priated, the sum of forty thousand dollars ($40,000) for the general support and maintenance of the State Home for Dependent and Neglected Children for the biennial Support- period beginning December 1, 1904, and ending Novem- ™a^intenance. ber 30, 1906y. and for such other purposes as the board of control may direct. Sec. 2. That there is hereby appropriated out of any moneys in the State Treasury, not otherwise appro- '^pp''^p''*"°^ priated, the sum of ten thousand dollars (f 10,000), for the purpose of finishing, suitably, equipping and furnish- ing all new buildings, repairing the administration build- improvements ing, fencing, improving lawns, purchasing trees, shrub- ^'^^ repairs. bery and farm implements, and for such other purposes as the board of control may direct. Sec. 3. The above appropriations to be paid as pro- Proviso as to vided for in section 3, of "An act in relation to the estab- pa^y™®^<^- lishment of a State home for dependent and neglected children and making an appropriation therefor," ap- proved April 10, 1895. Sec. 4. Whereas, in the opinion of the General As- Emergrency. sembly an emergency exists; now, therefore, this abt shall take effect and be in force from and after its pass- age. Approved April 6, 1905. 94 APPROPRIATION. [Ch. 38. CHAPTER 38. APFBOPBIATION. STATE INDUSTRIAL SCHOOL— BOYS. (H. B. No. 11, by Mr. Church.) AN ACT TO PROVIDE FOR THE PAYMENT OF A PART OF THE EX- PENSE OF MAINTENANCE, SUPPORT AND INCIDENTAL EXPENSES OF THE STATE INDUSTRIAL SCHOOL AT GOLDEN, COLORADO, FOR THE YEARS 1905 AND 1906. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated, out of Appropriation, ^uy moneys in the State Treasury not otherwise appropri- Maintenance ated, as part payment' of the expenses of the State State state Industrial Industrial School at Golden, Colorado, for maintenance, School. support, and incidental expenses, including the salariees [salaries] of officers and employes, for the years 1905 and 1906, commencingJ3ecember 1 , 1904 and ending November 30, 1906, the sum of twelve thousand dollars (f 12,000.00) to be used exclusively for the purposes aforesaid, and the Auditor is hereby authorized to draw his warrant upon the State Treasury in payment of the moneys hereby ap- propriated, upon certified vouchers of the Board of Con- trol and the Superintendent of the State Industrial School, at Golden, Colorado. Sec. 2. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved February 9, 1905. Auditor draw warrants. Emerg-ency. Ch. 39.] APPROPRIATION, 95 CHAPTER 39. APPBOPBIATION. STATE INDUSTRIAL SCHOOL—BOYS. (H. B. No. 12, by Mr. Church.) AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT, MAINTE- NANCE AND IMPROVEMENT OF THE STATE INDUSTRIAL SCHOOL AT GOLDEN, COLORADO, FOR THE TWO YEARS ENDING NOVEMBER 30, 1906. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That for the general support and main Support and tenance of the State Industrial School at Golden, Colo- maintenance, rado, for the period commencing December 1, 1904, and ending November 30, 1906, including the salaries of offi- cers and employes ; buying stock for farm and school uses ; building fences and repairing same ; buying machinery and repairing same; completing, and furnishing dining room, kitchen, bakery and assembly room and furnishing same ; improvements erecting and furnishing two cottages; purchasing an en-^^^ repairs, gine and generator; making an addition to water stand- pipe; erecting a conservatory; purchasing ten typewrit- ers; erecting a barn; making repairs on buildings and miscellaneous expenses, or for any other purposes the board of control may find necessary to the school's proper conduct and welfare, there is hereby appropriated out of any funds in the State Treasury, not otherwise appro- Appropriation, priated, the sum of one hundred thousand dollars ($100,- 000), together with the cash receipts of the institution for the two years aforesaid, to be used exclusively for the purpose above set forth. Sec. 2. All moneys herein appropriated shall be spent Control of by the authority of the board of control of the said State '"'^^^• Industrial School at Golden, Colorado, and the State Aud Auditor draw itor, upon certified vouchers of the board of control and warrants. 96 APPR0PRL4TI0N. [Ch. 40. superintendent of the State Industrial School at Golden, Colorado, shall draw his warrant upon the State Treas- ury in payment of the moneys hereby appropriated. No indebtedness Sec. 3. Nothing in this act shall be construed to au- in excess of ap- thorize any expenditures or the contracting of any in- appropriation. debtedness in excess of the amount of the appropriations herein made. Emergency. Sec. 4. Whereas, in the opinion of the General As- sembly an emergency requiring the immediate effect and operation of this act exists ; therefore, this act shall take effect from and after its passage. Approved April 6, 1905. CHAPTER 40. APPBOPBIATION. STATE INDUSTRIAL SCHOOL— GIRLS. (S. B. No. 159, by Senator Booth.) AN ACT TO MAKE AN APPROPRIATION FOR THE STATE INDUSTRIAL SCHOOL FOR GIRLS. Improvements and repairs. Appropriation. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there be, and the same is hereby appropriated out of any funds in the State Treasury not otherwise appropriated, for the State Industrial School for Girls, for the years 1905 and 1906, for a general utility fund, including farming machinery and general repairs, for the purchase of horses, cows, chickens, pigs, etc., repairing and building fences and out-houses, insurance and dental work $7,500.00. For a new school house and assembly room, and furnishings for the same f 5,000.00 For dining room and gymnasium 5,000.00 For sinking artesian well 2,500.00 For steam heating and electric light plant and laundry combined 6,500.00 Ch. 41.] APPROPRIATION. 97 Sec. 2. That the State Auditor be, and he is hereby Auditor draw authorized and directed to draw warrants for the said warrants upon timounts upon vouchers signed by the president and ^°"^'^'"®- secretary of the board of control, as the same shall be necessary to pay for the expenditures made by the said board, or to carry out the improvements herein specified. Sec. 3. In the opinion of the General Assembly an Emergency, emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. . CHAPTER 41. APPBOPBIATION. STATE INSANE ASYLUM. (H. B. No. 818, by Mr. Metz.) AN ACT TO PROVIDE FOR THE PAYMENT OF A PART OF THE MAIN-^ TENANCE, SUPPORT AND INCIDENTAL EXPENSES AND OTHER NECESSARY EXPENDITURES FOR THE STATE IN- " SANE ASYLUM FOR THE YEARS 1904 AND 1905. Be it Enacted by the General Assembly of the State of Colorado: ' Section 1. That there is hereby appropriated out Appropriation, of any moneys in the State Treasury, not otherwise ap- propriated, as part payment of the expenses of the State Insane Asylum for maintenance, support and incidental expenses, insurance of buildings of the institution, and B3xpenses insane other necessary expenditures, including the salaries of ^syi""^- officers and employes for the years 1905 and 1906, com- mencing December 1, 1904, and ending November 30, 1906, the sum of thirty-five thousand (f35,000) dollars, to be used exclusively for the purposes aforesaid, and the Auditor is hereby authorized to draw warrants for the Auditor draw payment of vouchers certified by the president of the ^"'^'^s- Emergency. 98 APPROPRIATION. [Ch. 42. Board of Lunacy Commissioners and attested by the secretary thereof. Sec. 2. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved March 2, 1905. CHAPTER 42. APPEOPEIATION. STATE INSANE ASYLUM. (S. B. No. 43, by Senator Pryor.) AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT AND MAINTE- NANCE OF THE COLORADO INSANE ASYLUM, INCLUDING THE PAYMENT OF SALARIES OF THE OFFICERS AND EM- PLOYES THEREOF, FOR THE ERECTION OF NEW BUILD- INGS, AND FOR THE MAKING OF NECESSARY REPAIRS AND IMPROVEMENTS. Support and maintenance. Appropriation. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. For the general support and mainte- nance of the Colorado Insane Asylum, including the sal- aries of the officers and employes of the institution, there is hereby approptiated [appropriated] out of any moneys in the State Treasury, not otherwise appropriated, the sum of seventy-five thousand dollars ($75,000.00) for the period commencing December 1, 1904, and ending No- vember 30, 1906, in addition to the emergency appropria- tion of thirty-five thousand dollars ($35,000.00) hereto fore made. Control of fund. ^cc. 2. That all moueys appropriated by this act shall be expended under the direction and control of the State Board of Lunacy Commissioners, and the State Auditor is hereby authorized and directed to draw his Ch. 43.] APPROPRIATION. 99 warrants for the payment of same tipon vouchers eerti- Auditor draw fled by the president of the Board of Lunacy Commis- ^^'■'^*^^^^"- sioners and attested by the secretary thereof. Sec. 3. In the opinion of the General Assembly Emergrency. an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. CHAPTER 43. AFPBOPBIATION. STATE NORMAL SCHOOL. (H. B. No. 108, by Mr. Townsend.) AN ACT TO FURTHER PROVIDE FOR THE MAINTENANCE, GROWTH, AND DEVELOPMENT OF THE STATE NORMAL SCHOOL AT GREELEY AND MAKING APPROPRIATION THEREFOR. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated from the Appropriation, general fund out of any money not otherwise appropri- ated twenty thousand (f 20,000) dollars to be used for the purpose of paying any outstanding [outstanding] indebt- Development— edness of the State Normal School and for the further ^®^^® Normal development thereof. ^^''''^^ Sec. 2. In the opinion of the General Assembly an Emergrency. emergency exists; therefore, this act shall take effect from and after its passage. Approved April 6, 1905 100 APPROPRIATION. [Ch. 44. CHAPTER 44. APPBOPKIATION. STATE PENITENTIARY. (H. B. No. 17, by Mr. Davis.) ' AN ACT TO PROVIDE FOR THE PAYMENT OF A PART OF THE EX- PENSE OF MAINTENANCE, SUPPORT AND INCIDENTAL EXPENSES OF THE PENITENTIARY FOR THE YEARS 1905 AND 1906. Appropriation Maintenance State tiary. Auditor draw warrants. ^Emergency. Be it Enacted by the General Assembly of the State of Colorado: • Section 1. That there is hereby appropriated out of any moneys in the State Treasury, not otherwise appro- priated, as part payment of the expenses of the State Pen- itentiary for maintenance, support and incidental ex- penses, including the salaries of officers and employes for Peniten- the years 1905 and 1906, commencing December 1, 1904, and ending November 30, 1906, the sum of forty thousand (f40,000) dollars, to be used for the purposes aforesaid, and the Auditor is hereby authorized to draw warrants for the payment of vouchers certified by the president of the Board of Penitentiary Commissioners and attested by the secretary thereof. Sec. 2. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved February 9, 1905. Ch. 45.] APPROPRIATION. 101 CHAPTER 45, APPBOPKIATION. STATE PENITENTIARY. (S. B. No. 139, by Senator Lewis.) AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT, MAINTE- NANCE AND IMPROVEMENT OF THE STATE PENITEN- TIARY FOR THE TWO YEARS ENDING NOVEMBER 30, 1906. Be it Enacted l>y the General Assembly of the State of Colorado: Section 1. That there be, and hereby is, appropri- Appropriation, ated out of any moneys in the State Treasury not other- wise appropriated, to the State Penitentiary, for the years 1905 and 1906, commencing December 1, 1904, and ending November 30, 1906, for the support and mainte- support and nance of said State Penitentiary, the sum of one hundred maintenance, and sixty thousand dollars ($160,000.00); for the con- struction of a new cell house, other buildings, improve- ments and repairs, thirty thousand dollars (?30,000.00) ; improvements together with the earnings of said State Penitentiary and repairs, during the said period; or so much thereof as shall be necessary to pay for the support, maintenance and im- provements above set forth and specified, for the said period ending November 30, 1906. Sec. 2. The said appropriation shall be used ex- clusively for the purposes aforesaid, and the Warden of the Penitentiary is hereby required to open and keep harden keep an account with each item of the appropriation, and the account. Auditor of State is hereby authorized to draw warrants for the payment of the same upon vouchers certified Auditor draw by the president of the Board of Penitentiary Commis- warrants, sioners and attested by the secretary thereof. Nothing in this- act shall be construed to authorize any expendi- tures or the contracting of any indebtedness in excess 102 APPROPRIATION. [Ch. 46. No excess In- of the amount of the appropriation and income herein debtedness. provided fOF. Emergency. ®^C- ^- ^^ ^^^ Opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. CHAPTER 46. APPBOPBIATION. STATE REFORMATORY. (H. B. No. 16. by Mr. Cook.) AN ACT TO PROVIDE FOR THE PAYMENT OF A PART OF THE EX^ PENSE, OF MAINTENANCE, SUPPORT AND INCIDENTAL EXPENSES OF THE STATE REFORMATORY FOR THE YEARS OF 1905 AND 1906. Be it Enacted hy the General Assembly of the State of Colorado: Appropriation. Section 1. That there is hereby appropriated out of any moneys in the State Treasury not otherwise appro- priated, as part payment of the expenses of the State Re- Expenses state formatory for maintenance, support and incidental ex- Reformatory. penses, including the salaries of officers and employes for the years 1905 and 1906, commencing December 1, 1904 and ending November 30, 1906, the sum of twelve thou- sand (112,000) dollars to be used exclusively for the pur- pose aforesaid, and the Auditor is hereby authorized to Auditor draw draw Warrants for the payment of vouchers certified by warrants. ^j^^ president of the Board of Penitentiary Commission- ers, and attested by the secretary thereof. Emergency. Sec. 2. In the Opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after is passage. Approved February 9, 1905. Ch. 47.] APPROPRIATION. 103 CHAPTER 47. APPBOPBIATION. STATE REFORMATORY. (S. B. No. 313, by Senator Balllnger.) AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF COM- PLETING NECESSARY BUILDINGS AT THE STATE REFORMATORY. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That for the purpose of completing the completion of cell house, and other necessary buildings, to be used as buildings, chapel, dining hall, kitchen and bakery, with the neces- sary furnishings and fittings, in accordance with the orig- inal plans and specifications, there is hereby appropri- Appropriation, ated out of any fund in the State Treasury, not otherwise appropriated, the sum of twenty thousand dollars (f20,- 000.00): Sec. 2. The Auditor of State is hereby authorized to Auditor draw draw warrants for the payment of the same upon vouchers warrants. drawn and certified by the duly appointed officers author- ized to sign said vouchers. Sec. 3. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall be in 'force from and after its passage. Approved April 6, 1905. 1 104 APPROPRIATION. [Ch. 48. CHAPTER 48. APPBOPBIATION. STATE REFORMATORY. (H. B. No. 240, by Mr. Cook.) AN ACT TO PROVIDE FOR THE PAYMENT OF THE EXPENSE OF MAIN- TENANCE, SUPPORT AND INCIDENTAL EXPENSES OF THE COLORADO STATE REFORMATORY FOR THE YEARS 1905 AND 1906. Be it Enacted by the General Assembly of the State of Colorado: Appropriation. Section 1. That there is hereby appropriated out of any moneys in the State Treasury not otherwise appro- Maintenance priated, as payment of the expenses of the State Re- and support. formatory for maintenance, support and incidental ex- penses including the salaries of officers and employes for the years 1905 and 1906, commencing December 1, 1904 and ending November 30, 1906, the sum of seventy-three thousand dollars (\|73,000) and all earnings, to be used Auditor draw exclusively foF the purposes aforesaid, and the Auditor warrants. is hereby authorized to draw warrants for the payment Upon certified ^^ vouchers certified by the president of the Board of vouchers. Penitentiary Commissioners, and attested by the sec- retary thereof. Emergency. Sec. 2. In the Opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. Ch. 49.] APPROPRIATION. 105 CHAPTER 49. APPBOPBIATION. STATE SCHOOL FOR DEAF AND BLIND. (H. B. No. 43, by Mr. Stephen.) AN ACT APPROPRIATING THE SUM OF FORTY THOUSAND DOLLm^S FOR THE USE OF THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation, moneys in the State Treasury, not otherwise appropri- ated, the sum of forty thousand dollars ($40,000.00), for the use of the Colorado School for the Deaf and the Blind, for the erection and furnishing of an administration building containing a library, additional dormitory room, etc., for a gymnasium building and equipment, for fin- improvements ishing the basement and attic of the school building, in- ^"^ repairs, eluding toilet rooms, lavatories, etc., for the erection of a barn, storage shed, bakery and additional dining room space, for a cold storage plant, for a pipe organ, for grad- ing and fencing the grounds and for such other purposes as the board of trustees may deem necessary for the betterment of the school. Sec. 2. All moneys appropriated by this act shall be ^^nd under con- expended under the direction and control of the Board of ^°^ ^^ ^°°^''^' Trustees of the Colorado School for the Deaf and the Blind, and the Auditor is hereby instructed, upon presentation of the order of the said board of trustees, signed by the Auditor draw president thereof and countersigned by the secretary, to warrants. draw warrants in favor of the said school in the sum of forty thousand dollars ($40,000). Sec. 3.- In the opinion of the General Assembly, an Emergency. emergency exists, therefore this act shall be in force and take effect from and after its passage. Approved April 6, 1905. 106 APPROPRIATION. [Ch. 50. CHAPTER 50. APPBOPKIATION. STATE SOLDIERS' AND SAILORS' HOME. (H. B. No. 8, by Mr. Breckenridge.) Appropriation. Expense and maintenance. E3mergency. AN ACT TO PROVIDE FOR THE PAYMENT OF A PART OF THE EX- PENSE OF MAINTENANCE OF THE SOLDIERS AND SAIL- ORS' HOME, AND MAKING AN APPROPRIATION THEREFOR. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any money in the State Treasury not otherwise appropriated, the sum of twelve thousand dollars ($12,000.00) for the payment of a part of the expense of maintenance of the Soldiers and Sailors' Home for the months of December, 1904 and January, February and March, 1905. Sec. 2. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved February 9, 1905. Ch. 51.] APPROPRIATION. lOl CHAPTER 51. APPBOPBIATION. STATE SOLDIERS' AND SAILORS' HOME. (H. B. No. 161, by Mr. Breckenrldge.) AN ACT TO MAKE AN APPROPRIATION FOR THE SUPPORT AND MAIN- TENANCE, REPAIRS AND IMPROVEMENT OF THE SOL- DIERS' AND SAILORS' HOME, AND TO PAY THE SALARIES OF THE OFFICERS AND EMPLOYES THEREOF. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any A^ppropriation. moneys in the treasury not otherwise appropriated of [for] the years 1905 and 1906, for the maintenance and Maintenance tor the payment of salaries of the officers of the Soldiers and salaries, and Sailors' Home, for the year 1905, thirty thousand dollars, and for the year 1906, thirty thousand dollars, less the amount already appropriated for the months of Less part appro- December 1904 and January, February and March, 1905, priation. covered in House Bill No. 8, f 12,000.00. Sec. 2. For the repair of the present buildings and improvements the construction of such other buildings as may be deemed ^"^ repairs, necessary, there is hereby appropriated the sum of Appropriation, twenty thousand dollars. Sec. 3. In the opinion of the General Assembly, an Emergency, emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. 108 APPROPRIATION. [Ch. 52. CHAPTER 52. APPBOPBIATION. TRAVELING LIBRARIES. (S. B. No. 117, by Senator De Lons.) AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAIN- TENANCE OF THE SYSTEM OF FREE TRAVELING LIBRA- RIES OF THE STATE OF COLORADO. Support and maintenance. Auditor draw warrants. Vouchers. Emergrency. Be it Enacted by the General Assembly of the State of Colorado: Section 1. For the general support and maintenance of the system of free traveling libraries of the State of Colorado, there is hereby appropriated from the treasury of the State of Colorado, from funds not otherwise ap- propriated, for a period of two years, the sum of three thousand dollars, one thousand and five hundred dollars of which shall be paid during the year 1905, and one thou- sand and five hundred dollars during the year 1906. Sec. 2. The Auditor of State is hereby authorized and directed to draw warrants on the treasury of the State, to the extent of the amount hereby appropriated and for the years for which the apropriation is made, upon vouchers or warrants properly certified by the chairman of the Colorado Traveling Library Commission. Sec. 3. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. Ch. 53.] APPROPRIATION, 109 CHAPTER 53. APPBOPBIATIOK UNIVERSITY OF COLORADO— SURPLUS FUND. (S. B. No. 70, by Senator HIU.) AN ACT TO MAKE APPROPRIATIONS OF THE SURPLUS FUNDS FROM THE REVENUES OF THE STATE FOR THE YEARS 1905 AND 1906. Be it Enacted oy the General Assembly of the State of Colorado: Section 1. That the Treasurer of State and Auditor Treasurer and of State are hereby empowered and instructed to trans- Auditor transfer fer to the surplus fund of the State, created under the ^^^^^,V''^^''^ provisions of an act, entitled "An act to create a sur- plus fund and to make appropriations therefrom," ap- proved April 8, 1903, all surplus or excess revenues for the biennial periods for the years 1905 and 1906, and Excess reve- from each and all funds derived from any fees, penalties nues. or taxes collected and paid to the State Treasurer, after the payment of the appropriations for such biennial when, period. Sec. 2. There is hereby appropriated out of the sur- Appropriation plus fund of the State of Colorado the sum of three from fund. hundred thousand dollars, or so much thereof as may be necessary, to be paid out for and under the provisions of an act entitled "An act to create a surplus fund and to make appropriations therefrom," approved April 8, 1903, and in payment of all outstanding certificates of indebt- certificates of edness, issued pursuant to an order made by the Gov- indebtedness, ernor of Colorado on the 14th day of December, A. D. 1904, for the maintenance and support of the University of Colorado, and interest on all such evidence of indebt- interest, edness, from the date of the issue thereof, at six (6j0 per cent per annum until paid; also in payment of all other casual deficiency warrants now outstanding. 110 APPROPRIATION. [Ch. 54. Bmergrency. gec. 3. In the Opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. CHAPTER 54. AFPBOPBIATION. WAGON ROAD— ALICE— DUMONT. (S. B. No. 156, by Senator Alexander.) AN ACT TO PROVIDE FOR THE CONSTRUCTION, IMPROVEMENT AND REPAIR OF A WAGON ROAD FROM A POINT AT OR NEAR THE TOWN OF ALICE, CLEAR CREEK COUNTY, COLO- RADO, TO THE TOWN OF DUMONT, IN SAID COUNTY, AND MAKING AN APPROPRIATION THEREFOR. Appropriation. Wagon road. Route. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any moneys in the State Treasury belonging to the Internal Improvement, Permanent Income Funds, and out of any moneys which may hereafter be credited to said funds, or either of them, and not otherwise ap- propriated, the sum of two thousand five hundred dol- lars ($2,500.00), or as much thereof as may be necessary, to provide, construct and repair a public wagon road from the Town of Alice, in the County of Clear Creek, in the State of Colorado, to the Town of Dumont, in the said county and State, and upon the following described route, to wit: Commencing at a point at or near the said Town of Alice, and running in a southerly direction along the most feasible and practicable route to the Town of Du- mont. Ch. 54.] APPROPRIATION. Ill Sec. 2. The State Engineer and the Board of Board of County Commissioners of Clear Creek County shall con-°°^"^"^" stitute a board for the purpose of providing, construct- ^^'^^^^^^ °'* ing and repairing said wagon road, and they shall im- Duties, mediately, or as soon as practicable after the passage of this act, go over the proposed route of said road, as- certain what repairs are necessary in the old road which Repairs and now exists upon part of said route, locate and determine ^^^^®'- such portions of the new road as may be necessary, deter- mine where bridges shall be located and do everything necessary and needful to establish said road in a good and serviceable condition, and then shall advertise for AdverUse for bids for doing said work, and let the same by contract to wds. the lowest responsible bidder, if deemed advisable, and Let contract, said work shall thereupon be carried on under the super- vision and control of the said board, and after said work Examination of or contract has been completed, the said road is then to ^^^^ ^^^^^ be examined by the said Engineer and the said Board of °^°^^ ® County Commissioners, and upon their certificate that the said contract has been completed, and its terms com- plied with, the amount of money appropriated under this act, or so much thereof as is necessary, shall be paid over to the contractor. Sec. 3. The State Auditor is hereby authorized to Auditor draw draw a warrant or warrants for the amounts specified in warrants, section 1 of this act, or so much thereof as may be neces- sary, from time to time, upon the certificates of the State upon Engineer and Chairman of the Board of County Com- ««'t"<58^t«s- missioners of Clear Creek County, as herein provided. Sec. 4. In the opinion of the General Assembly an Emergency, emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 112 APPROPRIATION. [Ch. 55. CHAPTER 55. APPBOPKIATION. WAGON ROAD— BENT COUNTY. (H. B. No. 132, by Mr. Dulln.) AN ACT FOR THE IMPROVEMENT OF PUBLIC ROAD IN SECTION THREE OF TOWNSHIP TWENTY-THREE SOUTH, RANGE FIFTY- THREE WEST, AND SECTION THIRTY-FOUR OF TOWN- SHIP TWENTY-TWO SOUTH OF RANGE FIFTY-THREE WEST, IN BENT COUNTY. Appropriation. Fund. Route. Personnel of board. Determine Im- provements. Board prepare specifications. Let contract. Take bond for performance. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any money in the Internal Improvement or Income Fund, or any money which may come into said fund or funds, the sum of three thousand dollars (\|3,000), for the pur- pose of grading, piking and otherwise improving the county road extending from Las Animas in Bent County, north to near the south line of township twenty- two in range fifty-three west of the Sixth Principal Me- ridian, thence running east and west in section three of township twenty-three south and section thirty-four of township twenty-two south of range fifty-three west of the Sixth Principal Meridian. Sec. 2. The State Engineer and the Board of County Commissioners of Bent County are hereby constituted a board for carrying out the purposes of this act and are empowered to determine the character and manner of making said improvements. Sec. 3. When the said commission shall have deter- mined the character of said improvements, they shall prepare specifications thereof and shall let the contract to the lowest responsible bidder, taking such bond for the faithful performance of the contract as they shall deem safe. Ch. 56.] APPROPRIATION. 113 Sec. 4. The said road, when so improved, shall be Public hiarhway. and continue to be a highway, and shall be for the use of all persons. Sec. 5. When the said improvements shall have Bin approved been completed according to contract, upon bill presented, ^^ commission, duly approved by the said commission, the Auditor of the Auditor draw State of Colorado shall draw his warrant for the amount warrant, herein appropriated in payment therefor. Sec. 6. In the opinion of the General Assembly an Emergency, emergency exists, therefore this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 56. APPBOPBIATION. WAGON ROAD— BOULDER— GRAND COUNTIES. (H. B. No. 168, by Mr. Healey.) AN ACT TO PROVIDE FOR THE CONSTRUCTION, IMPROVEMENT AND REPAIR OF A STATE ROAD FROM A POINT IN THE COUNTY OF BOULDER, OVER WHAT IS COMMONLY KNOWN AS ARAPAHOE PASS, AND THENCE DOWN INTO THE COUNTY OF GRAND, CONNECTING WITH THE COUNTY ROAD IN GRAND COUNTY, LEADING FROM HOT SULPHUR SPRINGS TO GRAND LAKE. Beit Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation, moneys in the State Treasury belonging to the Internal Improvement, Permanent or Income Fund, and out of Fund, any moneys which may hereafter be credited to said fund, or either of them, and not otherwise appropriated, the sum of five thousand dollars (\|5,000), or so much thereof as shall be necessary to construct, improve and 114 APPBOPRIATION. [Ch. 56. Route. Personnel of board. Determine route. Survey. Advertise for bids. Contract. Bond for performance. Board exercises discretion. Repairs. All or part completed. Auditor draw warrant for amount due. keep in repair a public wagon road from the Town of El- dora, Colorado, and running thence westerly eight (8) miles to what is known as Arapahoe Pass, and thence from Arapahoe Pass in a westerly direction down into Grand County, a distance of twelve (12) miles. Sec. 2. The State Engineer and the Chairmen of the Board of County Commissioners of Boulder and Grand Counties shall constitute the board for the pur- pose of providing for and constructing said road, and said board immediately, or as soon as practicable, after the passage of this act, shall go over said route, com- mencing at the Town of Eldora, and shall determine the most practicable route that said road shall follow in going from said Town of Eldora in Boulder County, and over said Arapahoe Pass unto said point in said Grand County, and after determining the most practicable place for said road shall be located along said route, shall have survey or surveys made and shall advertise for bids for the construction of said road, and when said bids are so made, shall let the contract for the build- ing of said road to the lowest responsible bidder for the same, requiring of any such bidder a bond in suf- ficient amount, as shall be determined by said board for the proper construction of said road according to the contract let. Sec. 3. Said board shall be at liberty, if they so desire, to take the road from Eldora to what is known as the "Fourth of July" mine, at the foot of Arapahoe Creek and to place the said road in good repair and adopt said road as a part of the road herein provided for. Sec. 4. When said road is constructed, that part of such road lying within the County of Boulder shall be kept in repair by said Boulder County, and that part lying within the County of Grand shall be kept in repair by said Grand County. Sec. 5. The said board herein provided for is hereby authorized upon being notified that said road, or any part contracted for, is completed, to then certify to the Aud- itor of State the amount expended under such contract, and the Auditor of State is hereby authorized to draw warrants for so much of the amount appropriated by section 1 of this act as may be necessary for the purpose Ch. 57.] APPROPRIATION. 115 of paying the amount due upon said contract for said road. Sec. 6. In case there be no money in said fund or Deficiency of funds to meet the said appropriation, or any part thereof, ^"i<i- at the time of payment for said work or any part thereof, the State Treasurer is hereby authorized and directed state Treasurer to pay the warrants drawn by the Auditor of State for p^y with state the amount herein appropriated, with valid State war- ^'^^'^ rants invested in said fund or funds, and said warrants so invested shall be received by any and all contractors of said work at par, with accrued interest thereon in full payment of the contract price of said work, or any portion thereof, for the payment of which there may be no money in said fund or funds. Sec. 7. In the event of any balance remaining to unexpended the credit of said appropriation, such balance shall be^^i'^®- recovered back into the fund from which it was taken. Sec. 8. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 57. APPROPKIATION. WAGON ROAD— COLORADO SPRINGS-CAMERON. (H. B. No. 249, by Mr. Frewen.) AN ACT TO PROVIDE FOR THE REPAIR AND GENERAL IMPROVEMENT OF THE PRESENT WAGON ROAD FROM COLORADO SPRINGS TO CAMERON VIA CHEYENNE CANON IN COUNTIES OF EL PASO AND TELLER, STATE OF COLO- RADO, AND TO APPROPRIATE MONEY TO PAY FOR THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation. money in the State Treasury belonging to the Internal 116 APPEOPHIATION. [Oh. 57. Repairs and Improvementa. Board composed of. Desigmatlon. Officers. Route decided upon. Survey. Advertise for bids. Award of contract. Bond of contractor. Monthly estimates by State Engineer. Public highway. Improvement Permanent Fund or the Internal Improve- ment Income Fund, or either of them, or any money that may hereafter come into said funds, or either of them, the sum of three thousand five hundred dollars ($3,500) , or so much thereof as may be necessary^ to repair and make general improvements on the present wagon road from Colorado Springs to Cameron via Cheyenne Canon. Sec. 2. The State Engineer, the Chairman of the Board of County Commissioners of El Paso County, and the Chairman of the Board of County Commissioners of Teller County shall constitute a board for the viewing, repairing and improvement of said road in conformity with this act. Said board shall be designated as a board of construction, and of the same, the Chairman of the Board of County Commissioners of Teller County shall be chairman and the State Engineer shall be secretary. Sec. 3. It shall be the duty of the board as soon as practicable after this act takes effect, to cause the route of said proposed road to be decided upon by them, after which the county surveyor of Teller County, work- ing under the directions and instructions of the State Engineer, shall survey the same and report everything connected with the said survey, to the State Engineer, who shall at once prepare specifications and advertise for bids for the said repairs and improvements in one weekly paper published in El Paso County, and one weekly paper published in Teller County, which publica- tions shall run for four consecutive weeks. The board shall award the contract to the lowest bidder who shall give a good and suflBcient bond equal to the amount of the contract, for the faithful performance thereof. Sec. 4. During the progress of said work the State Engineer shall cause to be made, monthly estimates of the amount of work done during the month just past, and draw a voucher for eighty per cent. (80^), of the said estmate in favor of the said contractor. Sec. 5. Said road when completed shall be a public highway and free to all vehicles and persons, and shall be kept in repair by the counties through which it may Sec. 6. Upon the completion of said repair work in accordance with the specifications and with the terms of the contract and its acceptance by the board, the said Ch. 57.] APPROPRIATION. 117 State Engineer shall draw and approve a voucher in favor state Engineer of the said contractor for whatever amount may be due ^^^^ voucher. under the terms of the contract at that time, and the Auditor of State is hereby authorized to draw warrants Auditor draw for the amount specified in the various vouchers so drawn warrants. l>y the said State Engineer from time to time. Neces- sary expenses for viewing, surveying and superintending said work are to be deducted and paid from said appro- priation. Sec. 7. In case the board shall find, after the receipt of the bids for the construction of the said repair and improvements on said road, that the amount then remain- Deficiency of ing to the credit of the sum hereby appropriated is insuf- '^'^- ficient to pay for the construction of the said work accord- construction ing to the specifications adopted, then the same shall ^^^ abandoned- not be abandoned, but it shall be left for the said board p^^^®^- to endeavor to contract for the construction of such amount of the said work as the said appropriation will cover under the specifications adopted by the said board. Sec. 8. In the opinion of the General Assembly, an Emergency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 118 APPROPRIATION. [Oh. 58. CHAPTER 58. APPBOPBIATIOH. WAGON ROAD— DENVER-GRAND JUNCTION. (H. B. No. 2, by Mr. Baer.) AN ACT TO MAKE AN APPROPRIATION FOR THE FURTHER CONSTRUC- TION, IMPROVEMENT AND REPAIR OF THE STATE WAGON ROAD FROM THE CITY OF DENVER TO THE CITY OF GRAND JUNCTION, WHICH ROAD WAS ESTABLISHED BY AN ACT ENTITLED "AN ACT TO CONSTRUCT, IMPROVE AND REPAIR A STATE WAGON ROAD FROM THE CITY OF DENVER, ARAPAHOE COUNTY, COLORADO, TO THE CITY- OF GRAND JUNCTION, MESA COUNTY, COLORADO, WITH CERTAIN BRANCH ROADS THEREFROM," APPROVED MAY 3, 1899. Appropriation. Fund. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any moneys in the State Treasury belonging to the Internal Improvement Permanent or Income Fund, and out of any money which may hereafter be credited to said funds, or either of them, and not otherwise appropriated, the sum of six thousand dollars (f6,000), or so much thereof as may be necessary, for the purpose of further constructing, improving and ref)airing the State wagon road from the City of Denver, Colorado, to the City of Grand Junction, Mesa County, Colorado, as described and established by an act entitled "An act to construct, improve and repair a State wagon road from the city of Denver, Arapahoe County, Colorado, with certain branch roads therefrom, and making an appropriation therefor," approved May 3, 1899, said amount to be expended in the construction, im- Third branch— provcmcut and repair of the third branch of said road, as route. described and established by said act, to- wit: — starting from the town of Rifle, Garfield County, thence northerly Improvement and repair. Ch. 58.] APPROPRIATION. 119 along the main traveled stage road through Garfield, Rio Blanco and Routt Counties, via Meeker, to the Bear River in said Routt County. Sec. 2. In case there be no money in the said funds, Deficiency of or either of them, to meet the said appropriation, or any '""^• part thereof, at the time of payment for said work or any part thereof, the State Treasurer is hereby authorized and directed to pay the warrants drawn by the Auditor state Treasurer of State, for the amount herein appropriated, with valid ^^^ warrants. State warrants invested in said fund or funds, and said warrants so invested shall be received by any and all con- tractors of said work at par, with accrued interest there- Received at on, in full payment of the contract price of said work or p^"- any portion thereof, for the payment of which there may be no money in the said fund or funds. Sec. 3. All work upon said' road shall be done under Board supervise the supervision of the board of construction, as provided work. for in said act, and in the same manner and under the same authority as the original construction of said road ; and upon the completion of the construction, improve- ment or repair of any portion of said road lying within any county or any portion of any county authorized here- by, according to contract, and the same being certified to the said board of construction in said county, the Auditor Auditor draw of State is hereby authorized to draw warrants for so warrants, much of the amount appropriated by section 1 of this act as may be necessary for the purpose of paying the amount due upon such contract for said work within said county ; this appropriation being in further recognition of said act and for the purpose of permanently establishing said Public highway. road and the further constructing, improving and repair- ing and maintaining the said road as a permanent public highway across the State of Colorado. Sec. 4. In the opinion of the General Assembly an Emergency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 120 APPROPRIATION. fCh. 59. CHAPTER 59. APPROPKIATIOH. WAGON ROAD— DENVER— GRAND JUNCTION. (S. B. No. 168, by Senator Taylor.) Appropriation. Fund. Improvements. AN ACT TO MAKE AN APPROPRIATION FOR THE FURTHER CONSTRUC- TION, WIDENING AND IMPROVEMENT OF THE STATE WAGON ROAD FROM THE CITY OF DENVER TO THE CITY OF GRAND JUNCTION, WHICH ROAD WAS ESTAB- LISHED BY AN ACT ENTITLED "AN ACT TO CONSTRUCT, IMPROVE AND REPAIR A STATE WAGON ROAD FROM THE CITY OF DENVER, ARAPAHOE COUNTY, COLORADO, TO THE CITY OF GRAND JUNCTION, MESA COUNTY, COLO- RADO, WITH CERTAIN BRANCH ROADS THEREFROM," APPROVED MAY 3, 1899. Be it Enacfed hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any moneys in the State Treasury belonging to the Internal Improvement Permanent or Income Fund, and out of any money which may hereafter be credited to said funds or either of them, and not otherwise appropriated, the sum of five thousand dollars ($5,000), or so much thereof as may be necessary, for the purpose of further constructing, widening and improving the State wagon road from the City of Denver, Denver County, Colorado, to the city of Grand Junction, Mesa County, Colorado, said appropria- tion to be expended upon that portion of the route as described and established by an act entitled "An act to construct, improve and repair a State wagon road from the City of Denver, Arapahoe County, Colorado, to the City of Grand Junction, Mesa County, Colorado, with certain branch roads therefrom, and making an appropri- ation therefor," approved May 3, 1899, between Tennessee Pass, in Eagle County, and the Town of Debeque, in Mesa Ch. 59.] APPROPRIATION. 121 County the same appropriation shall be, as far as practi- cable, expended in the same manner as is provided for in and by the said act. Sec. 2. In case there be no money in the said funds, Deficiency of or either of them, to meet the said appropriation, or any '"^^• part thereof, at the time of payment for said work or any part thereof, the State Treasurer is hereby authorized state Treasurer and directed to pay the warrants drawn by the Auditor P^y warrants of State, for the amount herein appropriated, with valid ^^^^^^^^^ State warrants invested in said fund or funds, and said w^arrants so invested shall be received by any and all con- tractors of said work at par, with accrued interest there- on, in full payment of the contract price of said work or any portion thereof, for the payment of which there may be no money in the said fund or funds. Sec. 3. All work upon said road shall be done under supervision by the supervision of the board of construction, as provided ^^rd of for in said act, and in the same manner and under the^®'®^"^^" same authority as the original construction of said road ; and upon the completion of the construction, widening or improvement of any portion of said road lying within any county or any portion of any county authorized hereby, according to contract, and the same being certified to the said board of construction in said county, the Auditor of Auditor draw State is hereby authorized to draw warrants for so much warrants. of the amount appropriated by section 1 of this act as may be necessary for the purpose of paying the amount due upon such contract for said work within said county ; this appropriation being in further recognition of said act and for the purpose of permanently establishing said road and the further constructing, improving and widen- ing and maintaining the said road as a permanent public Public highway. highway across the State of Colorado. Sec. 4. In the opinion of the General Assembly an Emergency, emergency exists; therefore, thig act shall take effect, and be in force from and after its passage. Approved April 7, 1905. 122 APPROPRIATION. [Ch. 60. CHAPTER 60. APPROPKIATION. WAGON ROAD— DOUGLAS COUNTY. (H. B. No. 382, by Mr. Stewart.) AN ACT TO PROVIDE FOR THE REPAIR AND GENERAL IMPROVEMENT OF THE PRESENT WAGON ROAD FROM THE NORTH LINE OF DOUGLAS COUNTY ALONG THE RIO GRANDE RAIL- ROAD TO THE STATION OF SEDALIA, COUNTY OF DOUG- LAS, STATE OF COLORADO, AND TO APPROPRIATE MONEY TO PAY FOR THE SAME. Appropriation. Fund. Repair, Improvements wagon road. Board composed of. Designation of board. Be it Enacted by the General Assembly of the State of Colorado : Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Improvement Permanent Fund, or the Internal Improve- ment Income Fund, or either of them, or any money that may hereafter come into said funds, or either of them, the sum of three thousand dollars (f 3,000), or so much thereof as may be necessary to repair and make general improvements on the present wagon road from the north line of Douglas County, Colorado, to the railroad station of the Denver and Rio Grande railroad, by the name of Sedalia, in the County of Douglas, State of Colorado. Sec. 2. The State Engineer, the County Commis- sioner of the third commissioners' district of Douglas County, and the county surveyor of said Douglas County shall constitute a board for the viewing, repair- ing and improving of said road in conformity with this act. Said board shall be designated as a board of con- struction, and of the same, the county commissioner of the third commissioners' district, Douglas County, shall be the chairman, and the State Engineer shall be the secretary. Ch. 60.] • APPROPRIATION. 123 Sec. 3. It shall be the duty of the said board, as Duty of soon as practicable after this act takes effect to cause board. the route of said proposed road to be decided upon by them, after which the county surveyor of Douglas Coun- ty, working under the directions and instructions of the State Engineer shall survey the same and report every- survey. thing connected with said survey, to the State Engineer, who shall at once prepare specifications and advertise Advertise for for bids for the said repairs and improvements in oneWds. weekly paper, published in the said Douglas County, which publication shall run for four consecutive issues. The board shall award the contract to the lowest bidder, contract. who shall give a good and suflficient bond to the amount Bond. of the contract for the faithful performance thereof. Sec. 4. During the progress of said work, said inspector of board shall designate some proper person of suitable Construction. ability to act as inspector of said construction who shall report to the said State Engineer as often as required, and the State Engineer shall cause to be made, monthly Monthly estimates of the amount of work done during the month estimates. just past and draw a voucher for eighty per cent. (80j0 of the said estimate in favor of the said contractor. Sec. 5. Said road when completed shall be a public Public highway and free to all vehicles and persons, and shall highway. be kept in repair by the counties through which it may pass. Sec. 6. Upon the completion of said repair work in accordance with the specifications and with the terms of the contract and its acceptance by the board, the said state State Engineer shall draw and approve a voucher in Engineer favor of the said contractor for whatever amount may ^^^^ voucher. be due under the terms of the contract at that time, and the Auditor of State is hereby authorized to draw war- Auditor draw rants for the amount specified in the various vouchers warrants. so drawn by the said State Engineer from time to time. Necessary expenses for viewing, surveying and superin- tending said work are to be deducted and paid from said appropriation. Sec. 7. In case the board shall find, after the re- Deficiency of ceipt of the bids for the construction of the said repair ^u^d- and improvements on said road, that the amount then remaining to the credit of the sum hereby appropriated is insufficient to pay for the construction of the said 124 APPROPRIATION. [Ch. 61 Construction not abandoned- proviso. Emergency. work according to the specifications adopted, then the same shall not be abandoned, but it shall be left for the said board to endeavor to contract for the construction of such amount of said work as the said appropriation will, cover under the specifications adopted by the said board. Sec. 8. In the opinion of the General Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 61. APPEOPEIATIOH. WAGON ROAD— EAGLE COUNTY. (H. B. No. by Mr. Gordon.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A PUBLIC WAGON ROAD FROM THE TOWN OF BASALT IN EAGLE COUNTY, COLORADO, ALONG FRYING PAN CREEK TO THE STATION OF REUDI [RUEDI], AND TO APPROPRIATE MONEY TO PAY FOR THE SAME. A.ppropriation. From fund. Route. what Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Improvement Permanent Fund or the Internal Improve- ment Income Fund, or either of them, or any money that may hereafter come into said funds, or either of them, the sum of fifty-five hundred dollars ($5500), or so much thereof as may be necessary, to construct a. wagon road from the Town of Basalt, in Eagle County, Colorado, by the route now staked on the ground by the State Engineer, along or near Frying Pan Creek to the railroad station of Reudi [Ruedi] in Eagle County. Ch. 61] APPROPRIATION. 125 Sec. 2. The State Engineer and the Chairman of the Personnel of Board of County Commissoners of said Eagle County and board, the Mayor of the Town of Basalt shall constitute a board for the construction of said road in conformity with this act. Said board shall be designated as a board of con Board of struction, and of the same the Chairman of the said construction. Board of County Commisisoners shall be chairman and the State Engineer shall be secretary. Sec. 3. It shall be the duty of the State Engineer as state Engineer soon as practicable after this act takes effect to prepare prepare specifi- specifications and advertise for bids for the construction ^*^^"^ of said road in one weekly paper publisjied in the said Advertise for Eagle County, at least in four consecutive issues, and the ^^^- board shall award the contract to the lowest bidder, who Award con- shall give a good and sufficient bond equal to the amount ^8^<^- of the contract for the faithful performance thereof. Sec. 4. During the progress of said work the State Monthly esti- Engineer shall cause to be made monthly estimates of the mates, amount of work done during the month just past, and shall draw a voucher for eighty (80) per cent, of the vouchers, said estimate in favor of the said contractor. Sec. 5. Said road, when completed, shall be a public PubUc highway. highway and free to all vehicles and persons, and shall be kept in repair by the county commissioners of Eagle County. Sec. 6. Upon completion of said road in accordance with the specifications and with the terms of the contract, and its acceptance by the board, the said Engineer shall Acceptance by draw and approve a voucher in favor of the said con- board, tractor for whatever amount may be due under the terms Engineer ap- of the contract at that time, and the Auditor of State is prove voucher. hereby authorrized [authorized] to draw warrants for the amounts specified in the various vouchers so drawn Auditor draw by the State Engineer from time to time. Necessary warrants, expenses for inspection and making monthly estimates Expense of in- are to be deducted and paid from the said appropriation, spection. Sec. 7. In case the board shall find after the re- Appropriation ceipt of the bids' for the construction of said road that the insufficient. amount then remaining to the credit of the sum hereby appropriated is insufficient to pay for the construction of the road according to the plans and specifications adopted, then construction of the same shall not be Construction abnadoned [abandoned]; provided, that the County of»o abandoned Eagle, or any person or persons, company or corporation -^^^'^^^^' 126 APPROPRIATION. [Oh. 62 Emergency. shall subscribe for and bind themselves in a manner ac- ceptable and satisfactory to the person or persons or company entitled to have their bid accepted, to pay the additional amount required to complete the construction of the road in accordance with the plans and specifications adopted by the State Engineer. Sec. 8. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force after its passage. Approved April 7, 1905. CHAPTER 62. APPBOPBIATION. WAGON ROAD— GRAND COUNTY. (S. B. No. 227, by Senator Jefferson.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A WAGON ROAD FROM A POINT SIX MILES, MORE OR LESS, EAST OF HOT SULPHUR SPRINGS, GRAND COUNTY, COLORADO, BY THE MOST FEASIBLE AND PRACTICABLE ROUTE, ALONG THE COURSE OF WILLOW CREEK, TO THE SUMMIT OF WILLOW CREEK PASS, THE DIVIDING LINE BETWEEN GRAND AND LARIMER COUNTIES, TO INTERSECT A ROAD BUILT BY LARIMER COUNTY FROM WALDEN TO SAID WILLOW CREEK PASS; AND TO APPROPRIATE THE NECESSARY MONEY TO PAY FOR THE SAME. Appropriation. Fund. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated, out of any funds in the State Treasury belonging to the Internal Improvement Fund, Internal Improvement Permanent Fund, and Internal Improvement Income Fund, the sum of five thousand dollars ($5,000.00), or so much thereof as may be necessary, for the construction of a public wagon road between a point on the line of the Denver, Ch. 62] APPROPRIATION. 127 Northwestern and Pacific Railway, known aa Windy wagon road. Gap, being six miles, more or less, east of Hot Sulphur Springs, Grand County, Colorado, by the most feasible and practicable route from or near said Windy Gap, Route, along the course of Willow Creek, in a general northerly direction, to the dividing line between Grand and Lari- mer Counties, at the summit of Willow Creek Pass; said road to be constructed so as to connect with the wagon road built by the board of commissioners of Larimer County from the Town of Walden, in North Park, in a general southerly direction, to the county line between Larimer and Grand Counties, at the summit of Willow Creek Pass. Sec. 2. Within sixty (60) days from the time this survey within act shall become effective, the State Engineer shall cause sixty days. to be surveyed and located said wagon road, according state to the requirements of section 1 hereof, and said State Engrineer Engineer shall prepare the necessary specifications for prepare said construction work. "^^^^ ^^^ ^^^' Sec. 3. The Governor, together with the State Board of Engineer, and the Chairman of the Board of Commis- ^^'^s^^^^^^^'^ sioners of Grand County, Colorado, shall constitute the°^"^^°®®^ ^^' board for the purpose of constructing said road, the State Engineer in having made his survey and location and estimates for said construction, acting under said board's direction. And said Iboard shall have full charge of said Board have work, and it is hereby made their duty, and they are charge of work. hereby directed, to cause said road to be constructed, using such discretion as may to them seem wise and expedient and economical, relating to every detail con- nected with said construction, and varying the general course where it may be necessary in their opinion to carry out the general objects of this act. Sec. 4. It is hereby made the duty of said board of construction as soon after this act takes effect as the State Engineer shall have completed his survey, location and estimates within sixty (60) days as prescribed in section 2 hereof, to advertise for thirty (30) days in not A^dvertise for less than two (2) newspapers, one in Denver and one inWds. Grand County, calling for bids for construction for said wagon road in accordance with the specifications pre- pared by the State Engineer; and thereupon at the end of said thirty (30) davs' advertisement, the said board 128 APPROPRIATION. [Ch. 62 Let contract. Deficiency of fund. Contractor give bond. Monthly payments to contractor. Estimates. Auditor draw warrant. State Engineer draw voucher. Auditor draw warrant. Voucher by State Engineer. shall open the bids presented, and let the contract to the lowest responsible bidder for the construction of said road; Provided that in case the appropriation herein made is not sufficient to construct the entire road as out- lined and estimated bj the State Engineer, then said road shall be constructed to the extent of the appropria- tion made by this act, and in the best possible manner to accomplish the objects fostered by this enactment, according to the best judgment of the board of construc- tion. Sec. 5. The party or parties to whom said contract for constructing said road shall be awarded shall be re- quired by said board to give a good and sufficient bond in double the amount of the contract price, conditioned upon the completion of said work according to contract. Sec. 6. The said board of construction herein named is authorized and empowered to agree that at the end of each month during the construction of said road, a payment of eighty per cent, (80j0 shall be made to the contractors based upon the amount of the contract esti- mated at the end of each month as having been com- pleted upon their contract, said estimates to be made by the State Engineer and approved by the board of con- struction; and the Auditor of State is hereby authorized and directed to draw a warrant for the amount of such advances upon contract at the end of each month, the voucher upon which said warrant is drawn to be certi- fied to by the State Engineer and approved by the Gover- nor, after the board has passed upon the same, showing that the amount allowed in each advance is for such agreed upon proportion, to the extent of eighty per cent. (80jO, according to the contract price of the work as has been completed during the month; and when the said contract shall have been fully completed, and said work finished according to contract, and accepted by the board of construction, the Auditor of State is hereby authorized and directed to draw a warrant for the amount of the balance of said contract price then remaining unpaid, said warrant to be drawn upon a voucher in favor of the contractor, certified to by the State Engineer that the work has been finished according to contract, and ac- cepted by the board, said voucher to be approved by the Governor. Ch. 63] APPROPRIATION. 129 Sec. 7. Said wagon road when constructed, shall puwic hiirhway. be a public highway and free to the use of all persons; and it shall be kept in repair thereafter hj Grand County at its own expense. Sec. 8. In the opinion of the General Assembly an Emerirency. emergency exists; therefore this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 63. APPROPRIATION. WAGON ROAD— GRAND COUNTY. (H. B. No. 295, by Mr. Church.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A WAGON ROAD FROM A POINT SIX MILES, MORE OR LESS EAST OF HOT SULPHUR SPRINGS, GRAND COUNTY, COLORADO, BY THE MOST FEASIBLE AND PRACTICABLE ROUTE, ALONG THE COURSE OF WILLOW CREEK, TO THE SUMMIT OF WILLOW CREEK PASS, THE DIVIDING LINE BETWEEN GRAND AND LARIMER COUNTIES, TO INTERSECT A ROAD BUILT BY LARIMER COUNTY FROM WALDRON TO SAID WILLOW CREEK PASS; AND TO APPROPRIATE THE NECESSARY MONEY TO PAY FOR THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated, out of any Appropriation, funds in the State Treasury belonging to the Internal Improvement Fund, Internal Improvement Permanent Fund, and Internal Improvement Income Fund, the sum Fund, of six thousand five hundred dollars ($6,500), or so much thereof as may be necessary, for the construction of a public wagon road between a point on the line of the Denver, Northwestern and Pacific Railway, known as wagon road. Windy Gap, being six miles, more or less, east of Hot 5 130 APPBOPEIATION. [Ch. 63 Route. Survey within 60 days. State Engrineer prepare specifications. Board of construction composed of. Board havd charge of work. Advertise for bids. Let contract. Sulphur Springs, Grand County, Colorado, by the most feasible and practical route from or near said Windy Gap, along the course of Willow Creek, in a general northerly direction, to the dividing line between Grand and Larimer Counties, at the summit of Willow Creek Pass; said road to be constructed so as to connect with the wagon road built by the Board of Commissioners of Larimer County from the Town of Waldron, in North Park, in a general southerly direction, to the county line between Larimer and Grand Counties, at the sum- mit of Willow Creek Pass. Sec. 2. Within sixty (60) days from the time this act shall become effective, the State Engineer shall cause to be surveyed and located said wagon road, ac- cording to the requirements of section 1 hereof, and said State Engineer shall prepare the necessary specifications for said construction work. Sec. 3. The Governor, together with the State Engineer, and the Chairman of the Board of Commis- sioners of Grand County, Colorado, shall constitute the board for the purpose of constructing said road, the State Engineer in having made his survey and location and estimates for said construction, acting under said board's direction. And said board shall have full charge of said work, and it is hereby made their duty, and they are hereby directed, to cause said road to be constructed, using such discretion as may to them seem wise and ex- pedient and economical, relating to every detail con- nected with said construction, and varying the general course where it may be necessary in their opinion to carry out the general objects of this act. Sec. 4. It is hereby made the duty of said board of construction as soon after this act takes effect as the State Engineer shall have completed his survey, loca- tion and estimates within sixty (60) days as prescribed in section 2 hereof, to advertise for thirty (30) days in not less than two (2) newspapers, one in Denver and one in Grand County, calling for bids for construction for said wagon road in accordance with the specifications? prepared by the State Engineer; and thereupon at the end of said thirty (30) days advertisement, the said board shall open the bids presented, and lei; the contract to the lowest responsible bidder for the construction of said road; Provided that in case the appropriation herein Ch. 63] APPROPRIATION. 131 made is not sufficient to construct the entire road as out Deficiency of lined and estimated by the State Engineer, then said fund. road shall be constructed to the extent of the appro- priation made by this act, and in the best possible man- ner to accomplish the objects fostered by this enactment, according to the best judgment of the board of construc- tion. Sec. 5. The party or parites [parties] to whom said contractor give contract for constructing said road shall be awarded, bond, shall be required by said board to give a good and suffi- cient bond in double the amount of the contract price conditioned upon the completion of said work accord- ing to contract. Sec. 6. The said board of construction herein named is authorized and empowered to agree that at the end of Monthly each month during the construction of said road, a pay- payments to men of eighty per cent. (80^) shall be made to the con- contractor. tractors based upon the amount of the contract esti- mated at the end of each month as having been com- pleted upon their contract, said estimates to be made by the State Engineer and approved by the board of con- ^ ""^^^s- struction; and the Auditor of State is hereby authorized ^^j^it^j. ^^.^^ and directed to draw a warrant for the amount of such warrant. advances upon contract at the end of each month, the voucher upon which said warrant is drawn to be certified g^^^^ to by the State Engineer and approved by the Governor, Engineer after the board has passed upon the same, showing that draw voucher. the amount allowed in each advance is for such agreed upon proportion, to the extent of eighty per cent. (80^), according to the contract price of the work as has been completed during the month; and when the said contract shall have been fully completed, and said work finished according to contract, and accepted by the board of construction, the Auditor of State is hereby Auditor draw authorized and directed to draw a warrant for the warrant, amount of the balance of said contract price then re maining unpaid, said warrant to be drawn upon a voucher in favor of the contractor, certified to by the State Engineer that the work has been finished accord- voucher by ing to contract, and accepted by the board, said voucher state Engineer. to be approved by the Governor. Sec. 7. Said wagon road wben constructed shall be Public a public highway and free to the use of all persons; and highway. 132 APPROPRIATION. [Ch. 64 it shall be kept in repair thereafter by Grand County at its own expense. Emergency. Sec. 8. In the Opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 64. APPBOPBIATION. WAGON ROAD— HINSDALE COUNTY. (S. B. No. 73, by Senator Kennedy.) AN ACT TO COMPLETE THE STATE WAGON ROAD IN HINSDALE COUNTY FROM THE END OF THE UNCOMPLETED STATE ROAD BELOW ROSE'S CABIN, AND FROM THAT POINT TO THE SAN JUAN COUNTY LINE, CONNECTING WITH THE OURAY AND SILVERTON ROADS, AND MAKING AN APPROPRIATION THEREFOR. Appropriation. Wagon road. Route. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That the sum of three thousand five hun- dred dollars ($3,500) be and the same is hereby appro priated out of any moneys in the Internal Improvement Permanent or Income Fund or either of them not other wise appropriated, for the purpose of constructing a wagon road in Hinsdale County upon the following described route, to complete the present State road par- tially constructed to the San Juan County line, as near as practicable, to wit : Commencing at a point at the end of the uncompleted State road, below Rose's cabin, thence running in a west- erly direction along the northern bank of Henson Creek to Rose's cabin, and thence by the most feasible route to connect with the Silverton and Ouray and Lake City wagon roads. Ch. 64] APPROPRIATION. 133 Sec. 2. Said wagon road shall be constructed on Present survey, the present survey from the end of the uncompleted State road to Rose's cabin and from there said wagon road shall be surveyed and the route selected by the State Engineer as near as practicable on the route described in section 1 of this act. Sec. 3. The State Engineer and the Board of County Board of Commissioners of Hinsdale Countv, to be designated as construction the board of construction, of which the Chairman of said "^^''^^''^^^ °'- Board of County Commissioners shall be chairman of said officers, board of construction, and the State Engineer and the aforesaid county commissioners shall elect a secretary. Sec. 4. That the State Auditor be and the same Auditor draw hereby is authorized and directed to draw his warrant warrant, on the State Treasurer for the sum of three thousand five hundred dollars (J3,500), or so much thereof as may be necessary on certificate of the State Engineer that such wagon road has been constructed. Sec. 5. That after said road is constructed as afore- Repairs, said the County of Hinsdale shall be at all expense of maintaining and keeping said road in repair for the use of the public. Sec. 6. In the opinion of the General Assembly an Emergency, emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 134 APPROPRIATION. [Ch. 65 CHAPTER 65. APPEOPEIATION. WAGON ROAD— LA JUNTA-ROCKY FORD. (H. B. No. 364, by Mr. Steen.) AN ACT TO CONSTRUCT AND IMPROVE A STATE WAGON ROAD FROM THE TOWN OF LA JUNTA TO THE TOWN OF ROCKY FORD, IN OTERO COUNTY, AND MAKING AN APPROPRIA- TION THEREFOR. Appropriation. Fund. Route. Proviso— may- use present county road. In case of no funds. Treasurer pay with State warrants. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of the moneys in the State Treasury belonging to the Internal Improvement Permanent or Income Fund, and out of any moneys which may hereafter be credited to such funds, or either of them, and not otherwise appropriated, the sum of four thousand dollars (f4,000), or so much thereof as may be necessary for the purpose of construct- ing and improving a State wagon road from the Town of La Junta, in the County of Otero and State of Colo rado, running thence northwesterly, parallel to the At- chison, Topeka and Santa Fe line of railroad to the Town of Rocky Ford in said County and State; Provided, That this act shall be construed to contemplate and per- mit the use of this appropriation in and for the improve- ment of the present county road between La Junta and Rocky Ford by grading the same and placing thereon a permanent roadbed of shale, gravel or macadam. Sec. 2. In case there be no money in said fund or funds to meet the said appropriation or any part there- of at the time of payment for said work, or any part thereof, the State Treasurer is hereby authorized and directed to pay the warrants drawn by the Auditor of State for the amount herein appropriated with valid State warrants invested in said fund or funds, and the Ch. 65] APPROPRIATION. 135 said warrants so invested shall be received by any and warrants all contractors of said work, at par, with accrued inter- received by est thereon, in full payment of the contract price of ^o"^^^^ ^^ said work or any portion thereof, for the payment of ^^''' which there may be no money in said fund or funds. Sec. 3. The State Engineer and the Board of Board of County Commissioners of Otero County are hereby con- construction. stituted and designated as a board of construction for said road, and of said board the State Engineer shall be officers of chairman and the Chairman of the board of County Com- board, missioners of Otero County shall be secretary. Sec. 4. It shall be the duty of the said board of Board view construction, as soon as may be practicable after this route, act takes effect, to view the route of the said road and to make estimates of the necessary work to be done Board make along and throughout the route traversed thereby, after estimates, which the said board shall advertise for bids for the Advertise for completion of said work, such advertisement to be in-wds. serted for twenty (20) days in a newspaper published in Otero County, for bids upon the work to be performed upon said road, and the said board shall let the contract Board let for the work to be done on said road to the lowest re- contract. sponsible bidder, requiring from the contractor a good and suflScient bond, conditioned for the completion of Bond from said work according to contract. contractor. Sec. 5. Upon completion of the construction or im- provement of any portion of said road according to con- Auditor draw tract, and the same being certified to by the said board warrants. of construction, the Auditor of State is hereby author- ized to draw warrants for so much of the amount appro- priated by section 1 of this act as may be necessary for the purpose of paying the amount due upon any such contract. Sec. 6. When completed said road shall be and re- Public main a public highway and free to the use of all per- ^^^^^^^y- sons, and it shall be the duty of the said Otero County to keep said road in repair at its own expense. Repair. Sec. 7. In the event of a balance remaining to the unexpended credit of said appropriation, such balance shall be re- balance. covered back into the fund from which it is taken. 136 APPROPRIATION. [ChJ Emergency. Sec. 8. In the Opinion of the General Assemhly, an emergency exists; therefore, this act shall be in force and take elBFeet from and. after its passage. Approved April 7, 1905. CHAPTER 66. AFPBOPBIATIOK. WAGON ROAD— LA PLATA COUNTY. (S. B. No. 31, by Senator Harris.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A STATE WAGON ROAD FROM NEAR THE CITY OF DURANGO, IN LA PLATA COUNTY, COLORADO, TO THE JUNCTION OF FLAGLERS FORK AND JUNCTION CREEK, IN SAID COUNTY, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Appropriation. Fund. Be it Enacted hy the General Assemhly of the State of Colorado: Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Improvement Permanent Fund, or the Internal Improve- ment Income Fund, or either of them, or any money that may hereafter come into said funds, or either of them, the sum of six thousand dollars, or so much thereof as may be necessary, to construct a wagon road from the termi nus of the Junction Creek road near the City of Durango, in La Plata County, Colorado, by the most feasible route, along or near Junction Creek, to the Junction of Flaglers Fork and Junction Creek in said La Plata County. Sec. 2. The State Engineer and the Board of County Commissioners of said La Plata County shall constitute a board for the location and construction of said road in conformity with this act. Said board shall be desig- Name and offi- Hated as the board of construction, and of the same, cers of board, the Chairman of the Board of County Commissioners Route. Personnel of board. i Ch. 66] ATTROPRIATION. 137 shall be the chairman and the State Engineer shall be the secretary. Sec. 3. It shall be the duty of the board, as soon Board locate as practicable after this act takes effect, to cause the route, route of said proposed road to be viewed and the loca- tion thereof to be made. After such survey and loca- tion and the completion of specifications, the board of construction shall advertise for bids for the construction Advertise for of said road in one weekly newspaper published in the bids, said County of La Plat^, at least thirty days prior to the letting of contracts, and shall award the contract to the Award contract, lowest bidder, who shall give a good and sufficient bond for the faithful performance thereof. Sec. 4. Said road when completed shall be a public Public higrhway. highgway and free to all vehicles and persons, and shall be kept in repair by the said County of La Plata. Sec. 5. Upon the completion of said road in accord- Board certify ance with the contract and its acceptance by the board acceptance, of construction, the said board shall certify such accept- ance to the Auditor of State, who is authorized there- Auditor draw upon to draw a warrant or warrants for the amount warrants, specified in section one of this act, or so much thereof as may be necessary in payment for the construction of said road as per contracts, and for the necessary ex- penses for viewing, surveying and locating the same. Sec. 6. In case there be no money in said fund or funds to meet the said appropriation or any part thereof, no funds- the State Treasurer is hereby authorized and directed Treasurer pay to pay the warrants drawn by thp Auditor of State for ^^^^^ ^^® ^^^" the amount herein appropriated, with valid State war-'^^"^ rants invested in said funds, and said warrants so in- vested shall be received by any and all contractors at par with accrued interest, in full payment of the con- tract price of said work, or any part thereof, for the payment of which there may be no money in said fund or funds. Sec. 7. In case the board shall find after the receipt proviso-in- of the bids for the construction of said road that the sufficiency of amount then remaining to the credit of the sum hereby appropriation. appropriated is insufficient to pay for the construction of the road according to the plans and specifications construction adopted, the construction of the same shall not be aban- ^^^ abandoned- doned; Provided, That the Countv of La Plata, or anv p'"''''^^ Eiknersency. 138 APPROPRIATION. [Ch. 67 person or persons, company or corporations, shall sub- scribe for and bind themselves in a manner acceptable and satisfactory to the person or persons or company entitled to have their bid accepted, to pay the additional amount required to complete the construction of the road in accordance with the plans and specifications adopted by the board. Bee. 8. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 67. AFPBOPBIATION. WAGON ROAD LARIMER AND BOULDER COUNTIES. (H. B. No. 200, by Mr. Wolaver.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A WAGON ROAD IN LARIMER COUNTY, COLORADO, COMMENCING AT A POINT AT OR NEAR THE "HANDY DAM" IN THE BIG THOMPSON CANON, THENCE FOLLOWING THE COURSE OF THE BIG THOMPSON RIVER THROUGH THE CANON TO AND INTO ESTES PARK, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Appropriation. Scction 1. That there is hereby appropriated out of any money in the State Treasury belonging to the In- ternal Improvement, Permanent Fund, or the Internal Improvement Income Fund, or both, the sum of ten thou- sand (?10,000.00) dollars, or so much thereof as may be Wagon road neccssary for the purpose of constructing a wagon road route. over the most practicable route, from a point commencing at or near the "Handy Dam" in the Big Thompson Canon, in Larimer County, thence following the course Ch. 67] APPROPttiATiox. 139 of the Big Thompson River through said Big Thompson Canon to and into Estes Park in Larimer County, thence continuing through Estes Park in a southwesterly direc- tion running up Fish Creek (so called) past the "Long's Peak House" and continuing on, crossing the county line between Larimer and Boulder Counties near the corners of sections 34 and 35, township 4 N., range 73 W. and sections 2 and 3 in township 3 N. range 73 W. to and intersecting the county road in "Allen's Park" in sec- tion twenty six (26), township three (3) N., range seventy- three (73) W. in Boulder C-ounty, Colorado. Sec. 2. That the Governor of the State, the State Board of Engineer and the Chairman [Chairmen] of the Boards of construction County Commissioners of Larimer and Boulder Counties ^^'"p^^®^ ^^ shall he and are hereby constituted a board, to be desig- nated as the board of construction, of which board the officers. Governor shall be chairman and the State Engineer shall be secretary. Sec. 3. It shall be the duty of the board as soon as survey of may be after this act takes effect to view the route of route, the proposed road, and cause surveys to be made thereof and determine the most feasible line and grade therefor, and shall advertise for bids for the construction thereof Advertise for in accordance therewith, and shall let a contract for the bids, construction of the same to the lowest and best bidder, contract. Provided; that if on making a survey and estimate of the cost of construction of said road it is found that ^^^^ not^fbTndoned- amount herein appropriated is not suflScient to complete proviso. the said road, then no part of said appropriation shall be used, except so much thereof as shall be necessary to make such surveys and estimate, unless the Board [Boards] of County Commissioners of Larimer and Boulder Counties, or other responsible parties shall agree to furnish the amount necessary to complete said road in excess of this appropriation and shall furnish to the commission satisfactory evidence that such money will be forthcoming on demand of such commission for such purpose. Sec. 4. When said work shall have been completed Auditor draw according to contract and accepted by the board, the^^^^"^- Auditor of State is hereby authorized to draw his war- rant for the amount appropriated by section 1 of this act, or so much thereof as shall be necessary for the purpose of paying the amount due on said contract. 140 APPROPRIATION. [Ch. 68 Public higrhway. Repairs. Unexpended balance. Emergency. Sec. 5. Such road when constructed shall be ana forever remain a public highway and free to the use of all persons. Sec. 6. When completed, it shall be the duty of the County Commissioners of Larimer and Boulder Counties to keep said road in repair at the expense of the counties. Sec. 7. In the event of a balance remaining to the •credit of the appropriation it shall be recovered back into the fund from which it was taken. Sec. 8. Whereas in the opinion of the General As- sembly an emergency exists; therefore, this act shall be in force and take effect from and after its passage. Approved April 7, 1905. CHAPTER 68. AFPBOPBIATION. WAGON ROAD— MESA COUNTY. (S. B. No. 113, by Senator DeLong.) AN ACT TO COMPLETE THE CONSTRUCTION OF A STATE WAGON ROAD FROM A POINT ON THE GRAND RIVER OPPOSITE THE TOWN OF DEBEQUE, IN THE COUNTY OF MESA, TO A POINT ON PLATEAU CREEK ABOUT TWO MILES WEST OF THE TOWN OF COLLBRAN, TO CONNECT WITH THE WAGON ROAD CROSSING SAID LAST NAMED CREEK AT SAID LAST NAMED POINT, AND TO APPROPRIATE MONEY THEREFOR. Be it Enacted by the General Assembly of the State of Colorado: Appropriation. Section 1. That the sum of two thousand five hun- Pund. dred (f2,500) dollars, or so much thereof as may be neces- sary, be and the same is hereby appropriated out of any moneys in the Internal Improvement Permanent Fund, not otherwise appropriated, for the purpose of complet- Ch. 68] APPROPRIATION. 141 ing the construction of a wagon road in Mesa County, wagron road, along the most feasible and practicable route, from a point on Grand River opposite the Town of Debeque, Route, to a point on Plateau Creek about two miles west of the Town of Collbran, where the present wagon road crosses said creek, substantially along the route as already sur- veyed and laid out under the direction of the county surveyor of Mesa County, said survey to be corrected survey and approved under the direction of the State Engineer ; approved by the said wagon road so to be constructed being the same state wagon road which was authorized to be constructed^"^'®®'- under chapter 62 of the Session Laws of the fourteenth session of the General Assembly; and in which act an appropriation of three thousand dollars (J3,000) was made, and which road was, under said appropriation, constructed for the distance of about seven and one-half (7^) miles, leaving about ten (10) miles of said road not constructed. Sec. 2. The State Engineer, County Surveyor and Board of the Chairman of the Board of County Commissioners of construcuon the County of Mesa are hereby constituted a board for composed of. the purpose of completing the construction of said wagon road. Sec. 3. The Auditor of State is hereby authorized Auditor draw to draw warrants for the payment of the expenses of the warrants completion of the construction of said wagon road, upon "^^.^- , vouchers certified to by the aforesaid board, not exceed- vouchers, ing the said sum of two thousand five hundred (f2,500) dollars. Sec. 4. That after the said road is constructed as Repairs, aforesaid, the said County of Mesa shall be at all the expense of maintaining and keeping said road in repair for the use of the public. Sec. 5. Whereas, an emergency exists, in the opin- Emergrency.. ion of the General Assembly; therefore, this act shall be in force from and after its passage. Approved April 7, 1905. 142 APPROPRIATION. [Ch. 69 CHAPTER 69. AFPBOPEIATION. WAGON ROAD-MONTROSE COUNTY. (H. B. No. 288, by Mr. Dungan.) AN ACT TO CONSTRUCT A STATE ROAD AND TWO BRIDGES IN MONT- ROSE COUNTY, FROM A POINT ON STATE ROAD SOUTH OF SAN MIGUEL RIVER IN SECTION 15, TOWNSHIP 46 N., R. 15 W., RUNNING FROM SAID POINT NORTH TO SAN MIGUEL RIVER WHERE BRIDGE IS TO BE CONSTRUCTED, THENCE IN A NORTHWESTERLY DIRECTION TO TABEGU- ACHE PARK; THENCE IN A NORTHWESTERLY DIRECTION ACROSS TABEGUACHE PARK TO BLUFF OF TABEGUACHE, ABOUT ONE-QUARTER MILE ABOVE PRESENT GRADE OF TABEGUACHE PARK; THENCE TO MOUTH OF SPRING CREEK WHERE BRIDGE IS TO BE CONSTRUCTED ACROSS TABEGUACHE CREEK; THENCE DOWN TABEGUACHE CREEK TO THE SAN MIGUEL RIVER TO CONNECT WITH ROAD, AND APPROPRIATING MONEY TO PAY FOR THE SAME. Appropriation. Wagon jpad. Bridges. Route. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That the sum of two thousand dollars ( $2,000) be, and the same is hereby appropriated out of any moneys in the Internal Improvement Fund, not other wise appropriated, for the purpose of constructing a wagon road in Montrose County and building bridges across the San Miguel River and Tabeguache Creek, upon the following described route, as near as practicable, to wit: Commencing at a point on State road south of San Miguel River in section 15, township 46 north, range 15 west, running from said point north to San Miguel River where proposed bridge is to be located; thence in a northwestely direction to Tabeguache Park, thence across Tabeguache Park in a northwesterly direction to Ch. 69] APPROPRIATION. 143 the bluff of Tabeguache, about one-quarter mile above present grade of Tabeguache Park; thence to the mouth of Spring Creek where bridge is to be constructed across Tabeguache Creek; thence down Tabeguache Creek to the San Miguel River to connect with road. Sec. 2. Said wagon road shall be surveyed and the state Engrineer route selected by the State Engineer as near as prac- ^®®^™"® ^°"®- ticable in the route described in section 1 of this act. Sec. 3. The State Engineer and the Board of Board of County Commissioners of Montrose County shall be and construction are hereby constituted a board to be designated as the composed of. board of construction. Sec. 4. That the State Auditor be and the same is Auditor draw hereby authorized and directed to draw his warrant on^®^"'"- the State Treasurer for the sum of two thousand dollars (}2,000), or so much thereof as may be necessary, on certificate of the State Engineer that such wagon road and bridges have been constructed. Sec. 5. That after said road and bridges are con- Repairs, structed as aforesaid, the County of Montrose shall be at all expense of maintaining and keeping said road and bridges in repair, for the use of the public. Sec. 6. In the opinion of the General Assembly an Emergency, emergency exists ; therefore, this act shall take effect and he in force from and after its passage. Approved April 7, 1905. 144 APPROPEIATION. [Ch. 70 CHAPTER 70. AFPBOPBIATION. WAGON ROAD— PITKIN COUNTY. (H. B. No. 190, by Mr. Mulqueen.) Appropriation. Fund. Route. Personnel of board. Name. AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A PUBLIC WAGON ROAD FROM A POINT ABOVE THE CITY OF ASPEN NEAR THE MOUTH OF THE SOUTH FORK OF ROARING FORK RIVER AND RUNNING SOUTHEAST INTO AND THROUGH LINCOLN GULCH, AND TO COMPLETE THE STATE ROAD FOR WHICH AN APPROPRIATION HAS PREVIOUSLY BEEN MADE, AND MAKING AN APPROPRIATION THEREFOR. Be it Enacted by the General Assembly of the State of Colorado: • Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Improvement Permanent Fund, or the Internal Improve- ment Income Fund, or either of them, or any money that may hereafter come into said funds or either of them, the sum of three thousand dollars (\|3,000), or so much thereof as may be necessary to construct a wagon road from a point above the City of Aspen near the mouth of South Fork of Roaring Fork River and run- ning southeast into and through Lincoln Gulch, the same being a completion of the road for which an appro- priation has heretofore been made. Sec. 2. The State Engineer and the Chairman of the Board of County Commissioners of said Pitkin County and the Mayor of the City of Aspen shall consti- tute a board for the location and construction of said road in conformity with this act. Said board shall be designated as a board of construction and of the same the Chairman of the said Board of County Commis- sioners shall be chairman, and the State Engineer shall be secretarv. Ch. 70] APPROPRIATION. 145 Sec. 3. It shall be the duty of the board, as soon Route as practicable after this act takes effect, to cause the determined, route of said road to be viewed and the general loca- tion thereof decided upon, after which the county sur- Survey of veyor of Pitkin County or some other competent sur-^<>^t®- veyor to be selected by the board, working under the di- rections and instructions of the State Engineer shall state Engineer survey the same and report everything connected with^^^P^^e the said survey to the State Engineer, who shall at once ^p^^^^^"""^^' prepare the specifications and advertise for bids for the Advertise for construction of said road in one weekly paper published ^'^^^s. in the said Pitkin County, for at least four consecutive issues, and shall award the contract to the lowest re- Award contract. sponsible bidder who shall give a good and suflScient Bond for bond equal to the amount of the contract, for the faith- performance, ful performance thereof. Sec. 4. During the progress of said work the State Monthly Engineer shall cause to be made monthly estimates of estimates. the amount of work done during the month just past. Draw voucher, and shall draw a voucher for eighty per cent. (80^ of said estimate in favor of said contractor. Sec. 5. Said road when completed shall be a pub- Public lie highway and free to all vehicles and persons and shall highway. be kept in repair by the Commissioners of the said Pit- kin County. Sec. 6. Upon the completion of said road in ac- state Engineer cordance with the specifications and with the terms of ^'"^^ voucher, the contract and its acceptance by the said board, the said State Engineer shall draw and approve a voucher in favor of the said contractor for whatever amount may be due under the terms of the contract at that time, and the State Auditor is hereby authorized to draw warrants Auditor draw for the amount specified in the various vouchers so warrants. drawn by the State Engineer from time to time. Neces- sary expenses for viewing, surveying, locating and in- Necessary specting the same are to be deducted and paid from the expenses paid. said appropriation. Sec. 7. In case the board shall find after the receipt of the bids .for the construction of said road, that the amount then remaining to the credit of the sum hereby Deficiency of appropriated is insuflScient to pay for the construction fund. of the said road according to the plans and specifica- tions adopted, then construction of the same shall not 146 APPROPRIATION. [Ch. 71. proviso. Construction be abandoned; Provided, That the County Commissioners "^1^^!^"^^"^"^ ^^ Pitkin County, the City Council of Aspen, or any per- ^„i=^ ^^^ ^^ persons, company or corporation shall subscribe for and bind themselves in a manner acceptable and sat- isfactory to the person or persons, company or corpora- tion entitled to have their bid accepted to pay the addi- tional amount required to complete the construction of the road in accordance with the plans and specifications prepared by said State Engineer. Sec. 8. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. Emergency. CHAPTER 71. APPROPRIATION. WAGON ROAD— SUMMIT COUNTY. (H. B. No. 89, by Mr. Miller.) AN ACT TO PROVIDE A PUBLIC WAGON ROAD FROM b.-^ECKENRIDGE TO BOREAS PASS, IN SUMMIT COUNTY, COLORADO, AND MAKING AN APPROPRIATION THEREFOR. Appropriation. Fund. State road. Route. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any money belonging to the Internal Improvement Permanent Fund, the sum of three thousand dollars (?3,000), or so much thereof as may be necessary to construct and re- pair a State wagon road from Breckenridge to Boreas Pass in Summit County, Colorado, said State wagon road to be located as near as may be, along and upon the old toll road from Breckenridge to Hamilton, Park County. Said road shall be of suitable and convenient width and upon a reasonable and practicable grade. Culverts, small Ch. 71.] APPROPRIATION. . 147 bridges and turn-outs shall be provided and put in where needed. Sec. 2. The State Engineer shall prepare plans and Plans and speci- specifications for the construction of said road, together ^cations, with estimates of the cost of constructing the same, and of sections thereof, starting from said Breckenridge. Should it be impracticable to construct all of said road according to the plans and specifications of the State En- gineer, then so much of said road shall be constructed, Proviso— Part starting from said Breckenridge, as can be constructed o^ road con- at a cost not exceeding the amount hereby appropriated, ^^^^cted. Sec. 3. The Governor, State Engineer, and the Personnel of Chairman of the Board of County Commissioners of Sum- board. mit County shall be a commission for the purpose of con- structing said road. Sec. 4. Said commission shall advertise for bids for Advertise for the construction of said road, according to said plans and bids. specifications, if according to estimates to be made by the State Engineer, the road can be built for or within the limits of the appropriation. If, however, such estimates Estimates ex- exceed the amount hereby appropriated, then bids shall ^eed appropria- be so invited for the construction of the greatest continu- ^^^^' ous length of said road, beginning at Breckenridge, for the amount hereby appropriated. The contract shall be contract. awarded to the lowest bidder if the whole road is to be built, or to that bidder who will build the greatest length of road for the amount hereby appropriated, if said ap- propriation is not suflScient to build the whole road. Said Bond for per- commission shall require a good and sufficient bond fromformance. the contractor in a suitable amount and with proper con- ditions to secure the performance of said contract. Sec. 5. Upon the certificate of the State Engineer Presentation of and the Chairman of the Board of County Commissioners certificate. of Summit County that said road or said sections thereof Auditor draw have been completed according to said contract, then thewa'^'^* commission provided for in section 3. hereof shall certify the fact, and the State Auditor is directed to draw, and the State Treasurer is directed to pay a warrant or war- rants to ^he contractor, for the sum due upon said con- tract. 148 APPROPRIATION. [Ch. 72. Emergency. Sec. 6. Whereas, in the opinion of the General As- sembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 72. AFPEOPRIATION. WAGON ROAD— TELLER AND FREMONT COUNTIES. (S. B. No. 76, by Senator Owen.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A PUBLIC WAGON ROAD FROM THE CITY OF CRIPPLE CREEK, TELLER COUNTY, COLORADO, ALONG CRIPPLE CREEK TO ITS CONFLUENCE WITH FOUR MILE CREEK, THENCE ALONG FOUR MILE CREEK TO ELDRED P. O. IN FREMONT COUNTY, COLORADO, AND TO APPROPRIATE MONEY TO PAY FOR THE SAME. Appropriation. Fund. Wagon road. Route. Board of construction composed of. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Improvement Permanent Fund or the Internal Improve- ment Income Fund, or either of them, or any money that may hereafter come into said funds, or either of them, the sum of ten thousand dollars (\|10,000), or so much thereof as may be necessarj^, to construct a wagon road from the City of Cripple Creek, in Teller County, Colo- rado, by the most feasible route, along or near Cripple Creek, to a confluence with Four Mile Creek; then along the most feasible route from said confluence to Eldred P. O. in Fremont County, Colorado. Sec. 2. The State Engineer and the Chairman of the Board of County Commissioners of said Teller County and the County Surveyor of Teller County shall consti- Ch. 72.] APPROPRIATION. 149 tute a board for the location and construction of said road in conformity with this act. Said board shall be designated as a board of construction, and of the same officers, the Chairman of the said Board of County Commissioners shall be chairman and the State Engineer shall be sec- retary. Sec. 3. It shall be the duty of the board as soon Duty of board. as practicable after this act takes effect, to cause the route of said proposed road to be viewed and the general Survey. location thereof decided upon. After which the said county surveyor, working under the directions and in-\|^^^^ structions of the State Engineer shall survey the same prepare '^ and report every thing connected with the said survey specifications. to the State Engineer, who shall at once prepare specifi- cations and advertise for bids for the construction of said Advertise for road in one weekly paper published in the said Teller '^®- County, at lease [least] in four issues, and shall award the contract to the lowest bidder who shall give a good contract. and suflScient bond equal to the amount of the contract for the faithful performance thereof. Sec. 4. During the progress of said work the State Monthly Engineer shall cause tq be made monthly estimates of estimates. the amount of work done during the month just past, state and shall draw a voucher for 80 per cent, of the said Engineer draw estimate in favor of the said contractor. ' voucher. Sec. 5. Said road when completed shall be a public Public highway and free to all vehicles and persons, and shall highway. be kept in repair by the counties through which it may Sec. 6. Upon completion of said road in accordance upon with the specifications and with the terms of the con- completion tract, and its acceptance by the board, the said State g^J^^^ Engineer shall draw and approve a voucher in favor of Engineer draw the said contractor for whatever amount may be due voucher. under the terms of the contract at that time, and the Auditor of State is hereby authorized to draw warrants Auditor draw for the amounts specified in the various vouchers so warrant. drawn by the State Engineer from time to time. Neces- sary expenses for viewing, surveying and locating the same, are to be deducted and paid from the said appro- priation. Sec. 7. In case the board shall find after the receipt Deficiency of of the bids for the construction of said road, that the fund. 150 APPEOPRIATION. [Ch.72. Construction not abandoned- proviso. Emerg-ency. amount then remaining to the credit of the sum hereby appropriated is insufficient to pay for the construction of the road, according to the plans and specifications adopted, then construction of the same shall not be aban- doned; Provided, That the Counties of Fremont and Teller, or any person or persons, company or corporation shall subscribe for and bind themselves in a manner accept- able and satisfactory to the person or persons or company entitled to have their bid accepted, to pay the additional amount required to complete the construction of the road, in accordance with the plans and specifications adopted by the State Engineer. Sec. 8. In the opinion of the General Assembly an emergency exists, therefore, this act shall take effect and be in force from after its passage. Approved April 7, 1905. Ch. 73.] APPROPRIATION. 151 CHAPTER 73. AFPEOPEIATION. WAGON ROAD— YUMA COUNTY. (H. B. No. 2.^, by Mr. Zingg.) AN ACT TO CONSTRUCT A STATE ROAD FROM THE SECTION LINE OR MAIN WAGON ROAD RUNNING ON SECTION LINE BE- TWEEN SECTIONS TWENTY-EIGHT (28) AND TWENTY- NINE (2'9), IN TOWNSHIP TWO (2), SOUTH OF RANGE FORTY-FOUR (44), WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN YUMA COUNTY, COLORADO, TO A POINT ON SECTION LINE RUNNING BETWEEN SECTIONS THIRTY-THREE (33) AND THIRTY-FOUR (34), IN TOWNSHIP THREE (3), SOUTH OF RANGE FORTY-FOUR (44), WEST OF THE SIXTH PRINCIPAL MERIDIAN, OR THE SHORTEST AND MOST FEASIBLE ROUTE, CONSIDERING X3RADES, CONNECTING THE TWO DIVIDES ON EITHER SIDE OF THE ARICKAREE RIVER WITH THE MAIN ROAD FROM IDALIA TO VERNON, AND FOR THE CONSTRUCTION OF A BRIDGE ACROSS THE ARICKAREE RIVER AT THE MOST PRACTICABLE POINT FOR THE CONSTRUCTION OF THE WAGON ROAD, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation, money in the State Treasury belonging to the Internal Improvement Fund, or the Internal Improvement Income Fund, or which may hereafter be credited to either of said funds, the sum of three thousand dollars ($3,000.00), or so much thereof as may be necessary for the purpose of constructing a State wagon road in Yuma County, gt^te road. Colorado, through the bluffs and hills on either side of the middle fork of the Kepublican Kiver, or better known as the Arickaree River, and across the wide sandy hot- 152 APPBOPBIATION. [Ch. 73 Route. Board of construction composed of. Officers. Survey of route. Advertise for bids. Contract. Bond for performance. Monthly estimates. Public hi^rbway. toms on either side of said Arickaree River, and for the construction of a bridge across said river at the proper place connecting the wagon road to be constructed upon the following described route, to wit: Commencing at section line or point at the south-west comer of section twenty-eight (28), in township two (2), south of range forty-four (44), west of the Sixth Principal Meridian, to a point on the section line running between sections thirty- three (33) and thirty-four (34), in township three (3), south of range forty-four (44), west of the Sixth (6) Principal Meridian, or upon the shortest and most feasi- ble route, considering grades to be made, connecting the two divides on either side of said Arickaree River with the main road from Idalia to Vernon. Sec. 2. The Chairman of the Board of County Com- missioners of said Yuma County, and the State Engineer, of the State of Colorado, shall be, and are hereby made, a board for the purpose of constructing the said bridge, of which board the Chairman of the Board of said County Commissioners shall be the chairman and the State En- gineer shall be the secretary. Sec. 3. It shall be the duty of the said board, as soon as practicable after this act takes effect, to cause the route of said proposed road to be surveyed under the directions of the State Engineer and the point for the bridge to be located, after which said State Engineer shall prepare specifications for the road and shall adver tise for bids for the road and bridge in one weekly paper published in Yuma County for at least four consecutive issues. The board shall award the contract to the lowest responsible bidder or bidders, who shall give a good and sufficient bond equal to the amount of the respective con- tracts, for the faithful performance thereof. Sec. 4. During the progress of said work the State Engineer shall cause to be made monthly estimates of the amount of work done during the month just passed and draw a voucher for SlH' of the said estimate in favor of the said contractor. Sec. 5. Said road and bridge when completed shall be a public highway and free to all vehicles and persons, and shall be kept in repair by the County Commissioners of the Countv of Yuma. -. ' . Ch. 74] AECHULETA COUNTY. 153 Sec. 6. Upon the completion of said work in accord- state Engrineer ance with the specifications and the terms of the con- ^^^^ ^^^ tracts and its acceptance by the board, the said State ^^^^^^® Engineer shall draw and approve a voucher in favor of said contractor or contractors, for whatever amount may be due under the terms of the contract at that time, and the Auditor of State is hereby authorized to draw war Auditor draw rants for the amount specified in the various vouchers ^^"'^^®- so drawn by the State Engineer from time to time. Nec- essary expenses for viewing, surveying and superintend- ing said work are to be deducted and paid from said appropriation. Sec. 7. In the opinion of the General Assembly an Emergency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 74. AECHTILETA COUNTY. (H. B. No. 228, by Mr. Wilder.) AN ACT TO AMEND SECTION ONE (1) OF AN ACT ENTITLED "AN ACT TO ESTABLISH THE COUNTY OF ARCHULETA AND TO PROVIDE FOR THE TERMS OF COURT THEREIN," AP- PROVED APRIL 14, 1885, AND TO REPEAL ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH THE PROVISIONS OF THIS ACT. Be it Enacted hy the General Asseml)ly of the State of Colorado: Section 1. That section one of an act to establish the Amended. County of Archuleta and to provide for the terms of Court therein approved by the General Assembly of the State of Colorado on April 14th, 1885, be amended so that said section may read as follows, to- wit : Section 1. That so much of the County of Conejos Boundary. lying west of a line commencing on the southern boun- 154 ARCHULETA COUNTY. [Ch. 74 Name. Repeal. Emergency. dary line of the State of Colorado at the intersection of said State line and the eastern boundary line of the Tierra Amarilla Grant which is thirty seven and eleven one hundredths chains west on said State line from the range line between ranges four and five east of the New Mexico Principal Meridian, and thence in a north- westerly direction following said east boundary line of the said Tierra Amarilla Grant to the north corner of said Tierra Amarilla Grant, and thence in the same di- rection until said line intersects with the range line be- tween ranges two and three east of the New Mexico Principal Meridian and thence north following said range line to the north boundary line of the County of Conejos, thence west along the southern boundary of the County of Mineral and the County of Hinsdale to the south-west corner of the said County of Hinsdale, thence south to the State line, and thence east along the said southern boundary line of the State of Colorado to the place of beginning, shall be set apart, and is hereby es- tablished as a county, with the legal capacity and func- tion of other counties of this State, to be called the County of Archuleta. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. In the opinion of the General Assembly an emergency exists; therefore this act shall be in force and effect from and after its passage. Approved April 20, 1905. Ch. 75] ASSIGNMENTS. 155 CHAPTER 75. ASSIGNMENTS. (H. B. No. 129, by Mr. Bromley.) AN ACT TO AMEND AN ACT ENTITLED "AN ACT CONCERNING AS- SIGNMENTS FOR THE BENEFIT OF CREDITORS," AP- PROVED MAY 5, 1897. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That an act entitled "An act concerning Amended, assignments for the benefit of creditors," approved May 5, 1897, be amended by adding thereto the following sec- tions : Sec. 12A. That the dividends of any unsettled as- Application of signment which may remain unclaimed for such time as unclaimed hereinafter specified after the final dividend has been de- <ividends of cided, shall upon the application of one or more creditors assignment. of such assignment be paid by the assignee under direc- tion of the court to the known creditors of the assign- ment, after giving notice to the creditors that a final dis- tribution of all such unclaimed dividends is to be made. Sec. 12B. Such notice shall be by advertisement in Notice of final two or more local newspapers of general circulation and distribution, also by written or printed notices mailed to the latest ad- dress of each creditor, and shall state that upon a certain day, not less than three months from the date of such notice, a final distribution of all the unclaiiAed dividends will be made to all such creditors as can be found and who shall have filed their respective claims with the as- signee within the time specified by the notice for the filing of such claims. When the time for filing these claims has expired, the court shall order the amount of the unclaimed pro rata dividends, after deducting expenses of distribution, to be distribution. distributed pro rata among those creditors who have filed their claims for a share in the distribution of such un- 156 ATTOENEY GBNEEAL. [Ch. 76 Dividends unclaimed for one year. Emergency. claimed dividends in accordance with the provisions of this act. Sec. 12C. Dividends remaining unclaimed for one year or longer after the final dividend has been declared by any assignee, shall, under the direction of the court, as herein provided, be distributed to the creditors whose claims have not been paid in full, and in case more than enough funds are in hand to pay these creditors in full, the balance shall go to the assignor. Sec. 2. Whereas an emergency exists, therefore this act shall be in full force and effect from and after its passage. Approved April 10, 1905. CHAPTER 76. ATT0ENE7 GENEBAI. SALARY. (S. B. No. 67, by Senator Cornforth.) AN ACT CONCERNING THE ATTORNEY GENERAL OF THE STATE OF COLORADO. Be it Enacted by the General Assembly of the State of Colorado: Salary of Attorney General. Section 1. That the Attorney General shall receive as compensation for his services an annual salary of five thousand dollars ($5,000), to be paid from the general fund monthly, as the salaries of other State oflScers are paid; and he is hereby authorized to appoint a deputy, who shall have authority to act for the Attorney General Authorized to in all matters except in respect to such duties as devolve appoint deputy, ^jpon the Attorney General by virtue of the Constitution. Repeal. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. Approved April 10, 1905. Ch. 77] ATTORNEYS AT LAW. 157 CHAPTER 77. ATTOENEYS AT LAW. PRACTICING WITHOUT LICENSE. (S. B. No. 51, by Senator Taylor.). AN ACT TO PROVIDE FOR THE PUNISHMENT OF ONE GUILTY OF PRACTICING LAW WITHOUT A LICENSE. Be it Enacted hy the General Assembly of the State of Colorado : Section 1. That any person who shall, without hav- Practicing: law ing a license from the Supreme Court of this State so to ^r conducting do, advertise, represent or hold himself out in any Dfi^-n- ^j^^^^J^^°^^ ner as an attorney, attorney at law, or counselor at law, contempt, or who shall appear in any court of record in this State to conduct a suit, action, proceeding, or cause for another person, shall be deemed guilty of contempt of the Supreme Court of this State and of the court in which said person shall so appear and shall be punished therefor according to law. Provided, That nothing herein contained shall Proviso, prevent the special admission of counselors, residing in other States, as provided in section 82 of the General Stat- utes of Colorado of 1883. Sec. 2. In the opinion of this General Assembly, an Emergency. emergency exists; therefore, this act shall take elBfect and be in force from and after its passage. Approved April 10, 1905. 158 BEECHER PAEK — APPROPRIATION. [Ch. 78. CHAPTER 78. BEECHEK PABK— APPKOPBIATION. (H. B. No. 248, by Mr. Zingg.) AN ACT FOR THE ESTABLISHMENT OF A STATE PARK, KNOWN AS "BEECHER PARK;" TO DONATE THE SOUTH-EAST QUARTER OF THE NORTH-EAST QUARTER, AND THE NORTH-EAST QUARTER OF THE SOUTH-EAST QUARTER OF SECTION TWENTY-ONE, AND THE SOUTH-WEST QUARTER OF THE NORTH-WEST QUARTER OF SECTION TWENTY-TWO, ALL IN TOWNSHIP TWO, SOUTH OF RANGE FORTY-THREE WEST, SITUATE IN THE COUNTY OF YUMA AND STATE OF COLORADO, FOR SAID PARK PURPOSES; TO ERECT A SUITABLE MONUMENT THEREIN, AND TO MAKE APPROPRIATION THEREFOR. State park. Boundaries. Park controlled by. Purpose of park. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That a State park, known as "Beechev Park" be and the same is hereby established at and on the south-east quarter of the north-east quarter (S. E. i of the N. E. i) and the north-east quarter of the south-east quarter (N. E. J of the S. E. ^) of section twenty-one (21), and the south-west quarter of the north-west quarter (S. W. i of the N. W. i) of section twenty-two (22), all in township two (2), south of range forty-three (43) west of the Sixth Principal Meridian, situate in Yuma County, Colorado; and said park shall be owned, maintained, controlled and kept by The Beecher Island Battle Memorial Association, a Colorado corporation, at its own expense. Sec. 2. The purpose of said "Beecher Park" is for the maintenance of a park in commemoration of the battle fought on Beecher Island between General For- sythe and his band of brave scouts, on the one side, and the numerous tribes of Indians, commanded by the no- Ch. 78.] BEECHER PARK — APPROPRIATION. 159 torious Chief, Roman Nose, on the other side, in which said park shall be erected a suitable monument; and for Monument the erection of which said monument, and for the purpose erected, of carrying out the intent of this act, and for the purpose of acquiring title to said lands, there is hereby appropri- Appropriation, ated from the general fund, out of any money not other- wise appropriated, the sum of two thousand five hun- Auditor draw dred dollars (\|2,500); and the Auditor of the State is warrant, hereby authorized and directed to issue his warrant upon the State Treasurer for said amount upon the presenta- tion of a certified copy of a resolution passed by the board of director of the said The Beecher Island Me- morial Association, accepting the provisions of this act. Sec. 3. That there is hereby donated for said park Donation of purposes the south-east quarter of the north-east quar-iand for park ter (S. E. J of the N. E. i), and the north-east quarter of p^^po^^s- the south-east quarter (N, E. i of the S. E. i) of section twenty-one (21), and the south-west quarter of the north-west quarter (S. W. i of the N. W. i) of section twenty-two (22), all in township two (2) south of range forty-three (43) west of the Sixth Principal Meridian, situate in the County of Yuma and State of Colorado; and the State Board of Land Commissioners, for a nomi- nal consideration, is hereby authorized and directed to ^^^^j^^^^^j^^ execute and deliver to said corporation a deed of con- veyance, conveying unto the said The Beecher Island Battle Memorial Association, the above described lands upon said Association complying with the terms of sec- tion 2. of this act. Sec. 4. That in the event the said The Beecher Failure to erect Island Battle Memorial Association shall fail or neglect monument . to erect said monument or to begin the actual work within two necessary to make and build said park, for a period of years, two (2) years after this act shall become a law, or shall use, or attempt to use said lands, or any thereof, for any other use than for said park purposes, then, and in that j^^nds revert to event, the said described lands shall revert to and become state, the property of the State of Colorado, for the use and purposes to which it was originally dedicated, the same as if this act had never been passed and approved. Sec. 5. In the opinion of the General Assembly an Emergency emergency exists; with regard to the matter provided 160 BOYCOTTING AND BLACKLISTING. [Ch. 79. for in this bill, and therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 79. BOYCOTTING AND BLACKLISTING— TO PEEVENT. (H. B. No. 158, by Mr. Thomas.) AN ACT TO PROHIBIT BOYCOTTS, BLACKLISTING, PICKETING, PA- TROLING AND OTHER OBSTRUCTION OF OR INTERFER- ENCE WITH THE LAWFUL BUSINESS OR OCCUPATION OF OTHERS, BY CONSPIRACY OR OTHERWISE, AND TO PRO- VIDE A PENALTY THEREFOR. Unlawful to loiter about or patrol streets or other places. Or to ticket works, mines or buildings. Proviso. Unlawful to print or circulate any notice of boycott. Or publish name of any public officer In any boycott notice. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That it shall be unlawful for any person or persons to loiter about or patrol the streets, alleys, roads, highways, trails or place of business of any person, firm or corporation engaged in any lawful business, for the purpose of influencing or inducing others not to trade with, buy from, sell to, work for, or have business dealings with such person, firm or corporation, or to ticket the works, mine, building or other place of business or occupa- tion of such other person, persons, firm or corporation, for the purpose of obstructing or interfering with or in- juring any lawful business work or enterprise; Provided, That nothing herein shall prevent any person from solicit- ing trade, custom or business for a competitive business. Sec. 2. That it shall be unlawful to print or circulate any notice of boycott, boycott card, sticker, ban- ner, sign or dodger, publishing or declaring that a boycott or ban exists, or has esisted [existed] or is contemplated against any person, persons, firm or corporation doing a lawful business, or publish the name of any judicial of- ficer or other public officer upon any notice of boycott, Ch. 79.] BOYCOTTING AND BLACKLISTING. 161 boycott card, sticker, banner, sign or other similar list, because of any lawful act or decision of such official. Sec. 3. That it shall be unlawful to use force, unlawful to threats, or other means of intimidation to prevent any ^^e force or person from engaging in any lawful occupation at any^''®^^® place he or she sees fit. Sec. 4. It shall be unlawful for any employer to maintain a black list, or to notify any other employer unlawful for that any workman has been blacklisted by such employer, employer to for the purpose of preventing such workman from receiv- maintain ing employment ; Provided, however. That nothing herein ^ ^^ ""®' shall prevent a former employer of any workman or any Proviso, former employe from imparting a fair and unbiased opin- ion of a workman's or employer's [employe's] qualifica- tions when solicited so to do by a later or prospective employer of such workman, or employe; nor shall any- thing in this act be construed to prevent any merchant or ^r®<y®^s ™®^y professional man, or any association of the same, f rom ^® ^^^^J^^®^ maintaining or publishing a list concerning the credit or financial responsibility of any person or persons dealing with him or them on credit. Sec. 5. Any. person, firm or corporation violating Misdemeanor, any provision of this act shall be guilty of a misdemeanor, and, on conviction, shall be sentenced to pay a fine of not less than ten dollars (\|10.00) nor more than two hundred Penalty, and fifty dollars (\|250.00), or to be imprisoned not to exceed sixty (60) days in the county jail, or both, in the discretion of the cotirt. Sec: 6. That all laws and parts of laws in conflict Repeal, with the provisions of this act be and the same are hereby repealed. Approved April 20, 1905. 162 BEACES OVER BIGHTS OP WAY. [Ch. 80. CHAPTER 80. BSACES OYEB BIGHTS OF WAY. (H. B. No. 306, by Mr. Breckenrldge.) AN ACT ENTITLED AN ACT TO AMEND SECTION ONE OF CHAPTER 85 OF THE SESSION LAWS OF 1899 ENTITLED "AN ACT RELATING TO THE USE OF WIRE FOR BRACES ON RIGHT OF WAY FOR PUBLIC ROADS." Be it Enacted by the General Assembly of the State of Colorado: Amended. Section 1. That section on^ of chapter eight-five of the Session Laws of 1899 entitled "An act relating to the use of wire for braces on right of way for public roads," approved April 6th, 1899, be and the same is hereby amended so as to read as follows : Wire braces Section 1. It shall be unlawful for any telegraph or less than telephone company or corporation, or any other company f^^'^^th'^^ or corporation, or any person or persons, in using wire ^omid over ^^ brace any telegraph, telephone or other pole or post, public highways except anchor wires, to place such wire over any part • of any right of way for public roads at a less distance than twenty feet from the ground; Provided, however. That anchor wires shall not be placed over the usually traveled portions of any right of way for public roads at a less distance than twenty feet from the ground. Any Misdemeanor, corporation, person or persons who shall violate the pro- visions of this act shall be deemed guilty of a misde Penalty. meanor, and upon conviction thereof in any court of com petent jurisdiction, shall in the discretion of the court, be fined in any sum not to exceed fifty dollars for each offense. Approved April 6, 1905. Ch. 81.] CHILDREN. 163 CHAPTER 81. CHILDREN. DEPENDENT AND NEGLECTED— SUPPORT. (S. B. No. 12, by Senator Anfenger.) AN ACT CONCERNING PARENTS OR OTHER PERSONS . RESPONSIBLE FOR OR, BY AN ACT CONTRIBUTING TO THE DEPEND- ENCY OR NEGLECT OF CHILDREN AND PROVIDING FOR THEIR PUNISHMENT. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. In all cases where any child shall be a Neglect of dependent or neglected child, as defined by the statutes children, of this State, the parent or parents, or other persons re- sponsible for such dependency or neglect shall be guilty of a misdemeanor, and, upon trial and conviction thereof, Misdemeanor, shall be fined in a sum not to exceed one hundred (100.00) dollars, or imprisoned in the county jail for a period not Penalty, to exceed ninety (90) days, or by both such fine and im- county court prisonment. The county courts (Juvenile courts) shall ^as jurisdiction, have jurisdiction of all cases coming within the pro- visions of this act; Provided that an a])peal shall lie to Appeal to the District Court from the judgment of said county i^^strict court, court rendered in pursuance of, or under this act. Sec. 2. The court may suspend any sentence here- w^hen sentence under, or release any person sentenced under this act from ^^y ^« custody upon condition that such person shall furnish a ^"^p®^^®^- good and sufficient bond or undertaking to the People of the State of Colorado in such penal sum, not exceeding two hundred dollars, as the court shall determine, condi- conditions, tioned for the payment of such amount as the court ma^^ order, not exceeding fifteen (15) dollars per month for each child, for the support, care and maintenance of such child while under the guardianship or in the cus- tody of any individual, or any public, private or State 164 CHILDREN. [Ch. 81. Suspension of sentence. Conditions. Bond. Forfeiture of bond and term of probation. Original sentence executed. Part of sentence served. Citation to appear and show cause. Judgment. Application of moneys collected upon execution. home, institution, association or orphanage to which the child may have been committed. [,] or entrusted under the provisions of the laws of this State concerning de- pendent and neglected children. Sec. 3. The court may also suspend any sentence imposed under this act, and may permit any dependent child to remain in the custody of any such person found guilty, upon conditions to be prescribed or imposed by the couit as seem most calculated to remove the cause of such dependency or neglect, and while such conditions are accepted and complied with by any such person, such sentence may remain suspended and such person shall be considered on probation in said court. In case a bond is given, as provided herein, the conditions prescribed by the court may be made a part of the terms and con- ditions of such bond. Sec. 4. Upon the failure of any such person to com- ply with the terms and conditions of such bond, or of the conditions imposed by the court, such bond or the term of probation may be declared forfeited and termi- nated by the court, and the original sentence executed as though it had never been suspended, and the term of any jail sentence imposed in any such case shall commence from the date of the incarceration of any such person af- ter the forfeiture of such bond or term of probation. There shall be deducted from such period of incarceration any part of such sentence which may have already been served. Sec. 5. It shall not be necessary to bring a separate suit to recover the penalty of any such bond so forfeited, but the court may cause a citation to issue to the surety or sureties thereon requiring that he or they appear at a time named therein by the court, which time shall be not less than ten nor more than twenty days from the issu- ance thereof, and show cause, if any there be, why judg- ment should not be entered for the penalty of such bond, and execution issue for the amount thereof against the property of the surety or sureties thereon, as in civil cases, and upon failure to appear or failure to show any such suflScient cause the court shall enter such judgment in behalf of the People of the State of Colorado against such surety or sureties. Any moneys collected or paid upon any such execution, or in any case upon said bond, shall be turned over to the county treasurer of the county Ch. 82.] CODE OF PEOCEDUBE. 165 in which such bond is given, to be applied to the care and maintenance of the child or children for whose de- pendency such conviction was had, in such manner and upon such terms as the county court may direct; Pro- Proviso, vided, That if it shall not be necessary, in the opinion of the court, to use such fund, or any part thereof, for the support and maintenance of such child, the same shall be paid into the county treasury and become a part of the funds of such county. Sec. 6. Nothing in this act shall be construed to re- construction peal any act providing for the support by fathers of their©' act. minor children, or any part of the acts concerning de- linquent children or persons contributing thereto; and nothing in said acts shall prevent proceedings under this act in any proper case. All other acts or parts of acts Repeal, inconsistent herewith are hereby repealed. Approved April 10, 1905. CHAPTER 82. CODE OF PROCEDUBE. PLACE OF TRIAL— CIVIL ACTIONS. (H. B. No. 26, by Mr. Hutt.) AN ACT TO AMEND CHAPTER 2 OF AN ACT OF THE GENERAL ASSEM- BLY OF THE STATE OF COLORADO, ENTITLED, "AN ACT FOR AN ACT TO PROVIDE A CODE OF PROCEDURE IN CIVIL ACTIONS FOR COURTS OF RECORD IN THE STATE OF COLORADO, AND TO REPEAL ALL ACTS INCONSIST- ENT THEREWITH," APPROVED APRIL 7, 1887. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That chapter 2 of an act of the General code of pro- Assembly of the State of Colorado, entitled, "An act forcedure. an act to provide a code of procedure in civil actions for courts of record in the State of Colorado, and to repeal ]{}{} CODE OF PROCEDURE. [Ch. 82. Amended. all acts inconsistent therewith," approved April 7, 1887^ be amended by adding thereto the following section : Place of trial ^^' 25A. All actions affecting property, franchises of civil actions. OF Utilities, whether by foreclosures, appointment of re- ceivers, or otherwise, shall be tried in the county where such property, franchise or utility is situated, or in the Duty of court- county where the greater part thereof is situated. And transfer of ac- it shall be the duty of the court, upon application of any *°"' party to the action or interested in the subject matter, at After appiica- once to transfer any case to the county in which such tion court no property, franchise or utility is situated. After the ap- exce^t^°"~ plication is made, the court shall have no jurisdiction, ex- excep . ^^^p^ ^^^ ^^^ purposes of entering the order of transfer. Actions now ^^^' 25B. In all actions now pending and undeter- pending. mined in any of the courts of the State, other than the county in which such property, franchise and utility is Transfer on ap- situated, the court shall, on application of any party to plication of the actiou or interested in the subject matter, immediate- party, j^ transfer such cases to the proper county for trial. Emergency. ^^' 2. In the Opinion of the General Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. Ch. 83.] CODE OF PROCEDURE. IGl CHAPTER 83. COBE OF PEOCEDVEE. SUMMONS. (S. B. No. 96, by Senator Taylor.) AN ACT TO FACILITATE SERVICE OF SUMMONS AND OTHER PROCESS AND TO PROVIDE A METHOD FOR SUCH SERVICE OF SUMMONS AND OTHER PROCESS UPON DOMESTIC COR- PORATIONS, WHERE SUCH CORPORATIONS KEEP NO OFFICE WITHIN THE STATE AND NO OFFICER OR STOCK- HOLDER CAN BE FOUND WITHIN THE STATE. Be it Enacted by the General Assembly of the State of Colorado: Section 1. Whenever any sheriff of any county in sheriff unabi© this State shall be unable to find the principal office of to And any domestic corporation at the place designated in the defendant, articles of incorporation and can find no officer, stock- holder or other person upon whom service can be legally made of any summons or other process issued against any domestic corporation of this State, he shall make and file with the clerk of the court by which said summons or process was issued, a copy of the summons or process, having attached thereto his affidavit made by him setting Affidavit. forth the efforts he has made to obtain service and the reason for his failure. Sec. 2. Upon application, if the court which issued service by such summons or process shall be satisfied that due dili- publication— gence has been exercised by the sheriff and the plaintiff ^®" allowed. or his attorney to obtain service, without avail, such court shall make an order that service shall be had by publication in the manner provided by law for service upon non-resident in cases of attachment. Sec. 3. In the opinion of the General Assembly an Emergrency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. 168 CONSTITUTIONAL AMENDMENT. [Ch. 84. CHAPTER 84. CONSTITUTIONAL AMENDMENT. ELECTIONS. (S. B. No. 93, by Senator Taylor.) AN ACT TO SUBMIT TO THE QUALIFIED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO SECTION 8 OF ARTICLE 7 OF THE CONSTITUTION OF THE STATE OF COLORADO CONCERNING ELECTIONS AND VOTING MACHINES. Submission to electors. Constitutional amendment. Election by ballot. Contested elections — ballots counted and compared. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there shall be submitted to the qualified electors of the State of Colorado at the next general election for members of the General Assembly, for their approval or rejection, the following amend- ments to the Constitution of the State of Colorado, which when ratified hj a majority of those voting thereon shall be valid as a part of the Constitution, that is to say: Section 8 of article 7 of the Constitution of the State of Colorado shall be amended so as to read as follows : Section 8. All elections by the people shall be by ballot, and in case paper ballots are required to be used, every ballot shall be numbered in the order in which it shall be received, and the number recorded by the elec- tion officers on the list of voters opposite the name of the voter who presents the ballot. The election officers shall be sworn or affirmed not to inquire, or disclose how any elector shaljl have voted. In all cases of con- tested elections in which paper ballots are .required to be used, the ballots cast may be counted and compared with the list of voters, and examined under such safe- guards and regulations as may be provided by law. Noth- ing in this section, however, shall be construed to pre- Ch. 84.] CONSTITUTIONAL AMENDMENT. 169 rent the use of any machine or mechanical contrivance voting machine for the purpose of receiving and registering the votes may be used. cast at any election, provided that secrecy in voting be preserved. When the governing body of any county, city, city voting and county or town,* including the City and County of '"®^^^"®^ Denver, and any city, city and county or town which inay 7nd pafd f or^^ be governed by the provisions of special charter, shall adopt and purchase a voting machine, or voting ma- chines, such governing body may provide for the payment therefor by the issuance of interest-bearing bonds, certifi- cates of indebtedness, or other obligations, which shall be a charge upon such city, city and county, or town; such bonds, certificates or other obligations may be made payable at such hme or times, not exceeding ten years from the date of issue, as may be determined, but shall not be issued or sold at less than par. Sec. 2. Each elector desiring to vote on such amend- Manner of ment shall deposit in the ballot box a ticket whereon voting on shall be printed the words "For the amendment to sec- «^"»«'^^««"^- tion 8 of article 7, permitting voting machines," and ^'Against the amendment to section 8 of article 7, per- mitting voting machines," and shall indicate his ap- proval or rejection of the same by placing a cross oppo- site one or the other of said groups of words. Sec. 3. The votes cast for the adoption or rejection canvass of of said amendments or either of them, shall be canvassed ^°®®- and the result determined in the manner provided by the laws of the State for the canvass of votes for representa- tives in Congress. Approved April 10, 1905. ^ 170 CONVEYANCES. [Ch. 85 CHAPTER 85. CONVEYANCES. HUSBAND AND WIFE. (S. B. No. 10, by Senator Anfenger.) AN ACT TO AMEND "AN ACT RELATING TO THE PROPERTY RIGHTS OF MARRIED PERSONS," APPROVED APtJIL 11, 1903. Be it Enacted by the General Assembly of the State of Colorado: Amended. That section one (1) of an act entitled "An act re- lating to the property rights of married persons,'' ap- proved April 11, 1903, be and the same is hereby amended to read as follows: Sale of or Section 1. That any chattel mortgage upon, and chattel any sale of the household goods, used by the family, when household °^ given or made by husband or wife residing with the other, goods executed shall not be valid unless executed or made by both hus- jointiy. band and wife jointly. Emergency. ^^c. 2. In the Opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved March 25, 1905. Ch. 86] CONVICT LABOR. 171 CHAPTER 86. CONVICT LABOR. (S. B. No. 224, by Senator Lewis.) AN ACT PROVIDING FOR THE WORKING OF THE CONVICTS IN THE COLORADO STATE PENITENTIARY UPON THE PUBLIC ROADS AND HIGHWAYS WITHIN ANY COUNTY AND UPON THE STREETS AND ALLEYS WITHIN THE CITIES AND IN- CORPORATED TOWNS LOCATED IN THE STATE OF COLORADO. «■ ■ Be it Enacted by the General Assembly of the State of Colorado: Section 1. Upon the written request of a majority of written the board of county commissioners of any county in the request to State of Colorado, the Warden of the Colorado State Pen-^^^"''® convicts. itentiary, situated at Canon City, in Fremont County, shall detail such convicts as in his judgment shall seem proper, not exceeding the number specified in said writ- ten request, to work upon such public roads and high- For what ways of such county or streets and alleys of any city p"'p<'®®8- or incorporated town within such county as shall be designated in said written request of said county com- miMoners; Provided, That such county shall pay all ad- county pay ditional expenses of guarding said convicts while work- expense of ing upon said public roads and highways within such^"^"^^®* county and shall furnish all tools and materials necessary in the perfomance of said work; And Provided, That Furnish tools. when said work is done within the limits of any city or incorporated town within such county, or city or in- city pay corporated town where jaaid work shall be done shall expenses— when. likewise pay all additional expenses of guarding such convicts while performing said work and shall furnish all necessary material used in said work. ^^^ employed Sec. 2. Said convicts when employed under the pro- as skilled visions of section 1 of this act shall not be used for the laborers. 172 CORPORATIONS. [Ch. 87 purpose of building any bridge or structure of like char- acter which requires the employment of skilled labor. Sec. 3. The Board of Penitentiary Commissioners are hereby empowered to adopt a special rule applicable solely to convicts employed on the public work herein authorized and contemplated, whereby convicts so em- Additionai good ployed shall be granted additional good time allowance, time— when conditioned upon their good behavior and cheerful com- pliance with all rules that may be made by said board or said superintendent for the management and control of convicts so employed. Sec. 4. All acts, or parts of acts, in conflict herewith are hereby repealed. Sec. 5. In the opinion of the Gheneral Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 11, 1905. Rules and regulations. allowed. Repeal. Emergency. CHAPTER 87. COEPORATIONS. EXTENSION OF TERM. (S. B. No. 108, by Senator Parks.) AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO ENABLE CORPORA- TIONS TO EXTEND THE TERM OF THEIR INCORPORA- TION," APPROVED APRIL 11, 1899. Be it Enacted "by the General Assembly of the State of Colorado: Amended. Section 1. That section 2 of an act entitled, "An act to enable corporations to extend the term of their incorporation," approved April 11, 1899, is hereby amend , ed to read as follows : Special meeting gec. 2. A Special meeting of the stockholders of said of stockholders, corporation may be called by stockholders owning at least Ch. 87] CORPORATIONS. 173 ten per cent, of the entire capital stock of said company. Notice of such meeting, stating the time and place thereof, and the purpose for which it is to be held, shall be pub- lished for four consecutive weeks in a newspaper printed Published nearest the place where the said corporation has kept its "o^^^e of principal office, and likewise mailed to each stockholder ^^^ ^^' of the company at least thirty days prior to the time fixed for said meeting. At such meeting the question of re- Notice newal shall be submitted to the votes of the stockholders mailed. of said company ; Provided, A majority of the stock of Question of the corporation be represented. The votes shall be taken renewal by ballot, and each stockholder shall be entitled to as submitted. many votes as he owns shares of stock in said company, Baiiot. or holds proxies therefor; and if a majority of the entire outstanding capital stock of the company shall be voted in favor of a renewal of the corporation, the president and secretary of said company shall, under the seal of said company, certify the fact, and shall make as many certificates as may be necessary, so as to file one in the Make and aie office of the recorder of deeds in each county wherein the certificates. company may do business, and one in the office of the Secretary of State; and thereupon the corporate life of said company shall be renewed for another term of not Renewal, exceeding twenty years from the date of the expiration, upon filing the certificates aforesaid; and all the stock- holders shall have the same rights in tiie new corporation, so extended, as they had in the company as originally formed; Provided, First. As to all such corporations whose charters Renewal have heretofore expired, the call for such meeting shall authorized by be signed and such extension shall be authorized by the g^ckhoiders' owners of two-thirds of the capital stock of the corpora- tion then issued and outstanding; and said certificates Time when shall be duly filed as above required within four years of certificates the expiration of the charter to be renewed, and within ^^^^ ^« ^i«<3- one year from the date when this act shall take effect. Second. As to all other of such corporations, said certificates shall be filed before or within one year after the expiration of the charter to be so renewed. Third. Upon filing said certificates, such corporation Fees. shall pay to the Secretary of State the same fees as are provided by law for filing new certificates of incorpora- tion. 174 COUNTIES. [Ch.88 Renewal does not extend corporate franchises. Nor enlarge powers or privilegres. Act not applicable to toll-road companies. Fourth. The extension of the term of existence of any such corporation in the manner herein provided, shall not be so construed as to extend or renew any corporate franchises granted by any county or municipality pos- sessed by such corporation, or to give to such corporation during the extended term of its existence any rights which such corix)ration would not have possessed had the same been incorporated as an original corporation at the date of the extension of the terra of its existence ; nor as enlarging any of the powers, privileges or franchises here- tofoi-e enjoyed by such coriK>ration. Fifth. The provisions of this act shall not apply to a renewal of the charters of toll-road companies. Approved April 10, 1905. •CHAPTER 88. COUNTIES. CLASSIFICATION. (S. B. No. 45, by Senator Sapp.) AN ACT FOR THE CLASSIFICATION OF COUNTIES FOR THE PURPOSE OF PROVIDING FOR AND REGULATING THE SALARIES OF COUNTY AND OTHER OFFICERS, AND TO REPEAL ALL PREVIOUS ACTS IN RELATION THERETO. Classification of counties. First class. Second class. Third class. Be it Enacted by the General Assembly of the State of Colorado: Section 1. For the purpose of providing for and regulating the salaries of county and other oflSeers, the several counties of this State shall be classified with reference to population and divided into five classes as follows : The City and County of Denver, unless otherwise provided in the charter thereof, shall be first class; El Paso, Teller and Pueblo Counties shall be second class; Boulder, Fremont, Lake, Pitkin, Las Animas and Weld 4 Ch. 88] COUNTIES. 175 Counties shall be third class ; Adams, Arapahoe, Chaffee, Fourth class. Clear Creek, Conejos, Costilla, Delta, Douglas, Eagle, Garfield; Gilpin, Gunnison, Huerfano, Larimer, La Plata, Logan, Mesa, Montrose, Morgan, Ouray, Otero, Park, Prowers, Jefferson, Rio Grande, [Routt,] Saguache, San Miguel, and San Juan Counties shall be fourth class; _^ ^ ^ Archuleta, Baca, Bent, Cheyenne, Custer, Dolores, E1-. bert, Grand, Hinsdale, Kiowa, Kit Carson, Lincoln, Montezuma, Mineral, Phillips, Rio Blanco, Sedgwick, Summit, Washington and Yuma Counties shall be fifth class. The counties of the fourth class shall be divided J^u^th ciasf into two divisions, known as "A'^ and "B". The counties comprising division "A" shall be Adams, Division "a." Arapahoe, Chaffee, Clear Creek, Conejos, Douglas, Gar- field, Gilpin, Gunnison, Huerfano, Jefferson, Larimer, La Plata, Mesa, Otero, Ouray and San Miguel; and the counties comprising division "B" shall be Costilla, Delta, Division "B" Routt, Eagle, Logan, Montrose, Morgan, Park, Prowers,, Rio Grande, Saguache and San Juan. Sec. 2. For the purpose of regulating the amount classification to of compensation of county superintendents of schools, ^^^^^^^^^J^^^'*^' the counties of the State are divided into seven classes superintendents. as follows: The City and County of Denver, El Paso and Las First class. Animas Counties shall be the first class; Pueblo, Weld, Boulder, Fremont and Teller Counties shall be the second second class. class; Conejos, Delta, Garfield, Gilpin, Huerfano, Lake, Larimer, Mesa, Montrose, and Otero Counties shall be the third class; Chaffee, Clear Creek, Douglas, Eagle, Third class. Elbert, Jefferson, Gunnison, La Plata, Ouray, Rio Grande, Pitkin, Park, Prowers and Saguache Counties shall be Fourth class. the fourth class; Bent, Custer, Cheyenne, Kit Carson, Logan, Montezuma, Morgan, Routt, San Miguel and Yuma Fifth class. Counties shall be the fifth class; Archuleta, Baca, Cos- tilla, Grand, Kiowa, Lincoln, Mineral, Phillips, Rio Blanco, San Juan, Sedgwick, Summit and Washington sixth class. shall be the sixth class; Dolores and Hinsdale shall be the seventh class. County superintendents of schools seventh class. shall receive the following compensation, to be paid quarterly out of the county treasury, to wit : In counties compensation of the first class, an annual salarv of twentv-eight hun- ^^ county dred dollars (\|2,800.00) ; in counties of the second class l^^^^^^^^^^^^^^ an annual salary of two thousand dollars (^2,000.00) ; 176 COUNTY GOVERNMENT. [Ch. 89 in counties of the third class, an annual salary of twelve hundred dollars (\|1,200.00) ; in counties of the fourth class, an annual salary of eleven hundred dollars (\|1,- 100.00) ; in counties of the fifth class, an annual salary of eight hundred dollars (\|800.00) ; in counties of the sixth class, an annual salary of five hundred dollars (1500.00) ; in counties of the seventh class, an annual salary of one hundred dollars (flOO.OO) ; in all but first and second class counties, boards of county commis- MUeage-when siouers may allow mileage not to exceed ten cents (10c) allowed. p^p mjig f^^p distance necessiarly [necessarily] and actually traveled in the performance of duty, not to ex- ceed an aggregate of three hundred dollars (fSOO.OO) per annum in any county. Repeal. Sec. 3. All acts and parts of acts of the General Assembly in conflict with this act are hereby repealed. Approved April 10, 1905. CHAPTER 89. COTTNTY OOVESITHENT. COMMISSIONERS. (H. B. No. 42, by Mr. Smith.) AN ACT FIXING THE TERMS OF OFFICE OF COUNTY COMMISSIONERS IN THE COUNTIES OF ADAMS AND ARAPAHOE, AND RE- PEALING SECTION 529 OF THE GENERAL STATUTES OF THE STATE OF COLORADO. Be it Enacted hy the General Assembly of the State of Colorado: Adams and Sectiou 1.' In the Counties of Adams and Arapahoe Arapahoe coun-ihe county Commissioners elected at the general election t^es upon the 8th day of November, A. D. 1904, in the first First and sec- ^^^^ second Commissioner's districts shall hold office un- ond districts, til the second Tuesday in January, A. D. 1909, and the Term. couuty Commissioners elected in the third commissioner's Ch. 90] COURT OF APPEALS. 177 districts [district] in said counties shall hold office until Third district, the second Tuesday in January, A. D. 1907. '^®™- Sec. 2. Section 529 of the General Statutes of the Repeal. State of Colorado, the same being Section 782 of Mills' Annotated Statutes, is hereby repealed. Sec. 3. In the opinion of the General Assembly an Emergrency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved March 17, 1905. CHAPTER 90. COUBT OF APPEALS. CAUSES PENDING IN. (S. B. No. 47. by Senator Taylor.) AN ACT IN RELATION TO CASES PENDING IN THE SUPREME COURT AND COURT OF APPEALS OF THE STATE OF COLORADO. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That from and after the consolidation of causes pending the Court of Appeals with the Supreme Court of this in supreme or State, all cases theretofore pending on appeal or writ of court of error in the Court of Appeals or the Supreme Court, ^p^^^®^}^^ which could have been properly taken by appeal or writ ° of error to either of said courts for review, shall be Decreed deemed and held to have been properly taken to and be pending: in pending in the Supreme Court. " " supreme court. Sec. 2. In the opinion of the General Assembly an Emergency. emergency exists; therefore this act shall take effect and be in force from and after its passage. Approved April 5, 1905. 178 COURT OP APPEALS. [Oh. 91. CHAPTER 91. COTTBT OF APPEALS. RECORDS. (S. B. No. 166, by Senator Taylor.) AN ACT CONCERNING THE RECORDS, BOOKS, PAPERS AND OTHER PROPERTV BELONGING TO THE COURT OF APPEALS. Be it Enacted hy the General Assembly of the State of Colorado: Records of Section 1. On the first Wednesday in April, A. D. Court of 1905, at the termination of the existence of the Court of Appeals become Appeals, all of the records, books, papers and other prop- Supreme* Court. ^^^^ ^^ ^^^^ court shall at once be transferred to and be- come a part of the records, books, papers and property of the Supreme Court, and the clerk of said Supreme Court shall at once thereupon become the custodian thereof, and be entitled to use and certify the same whenever required so to do, the same as the records of said Supreme Court. Emergency. Sec. 2. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 5, 1905. Ch. 92.] COURTS OF RECORD. 179 CHAPTER 92. COVBTS OF RECORD. ARAPAHOE COUNTY— TERMS. (H. B. No. 45, by Mr. Sterling.) AN ACT TO AMEND SECTION SIX (6) OF AN ACT ENTITLED "AN ACT TO ESTABLISH THE COUNTY OF SOUTH ARAPAHOE, AND THE TEMPORARY SEAT THEREOF; PROVIDING FOR THE APPOINTMENT OF ITS PRECINCT AND COUNTY OF- FICERS, FIXING THE TERMS OF COURT THEREIN, AND ATTACHING THE SAME TO CERTAIN CONGRESSIONAL, SENATORIAL, REPRESENTATIVE, NORMAL INSTITUTE AND JUDICIAL DISTRICTS." APPROVED APRIL 15,* 1901, BEING CHAPTER 58 OF THE LAWS OF 1901. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That section six (6) of "An act to estab- ^^jnended. lish the County of South Arapahoe, and the temporary seat thereof; providing for the appointment of its pre- cinct and county officers, fixing the terms of court therein, and attaching the same to certain congressional, sena- torial, representative, normal institute and judicial dis- tricts,'' approved April 15, 1901, being chapter 58 of the laws of 1901, be and the same is hereby amended so as to read as follows: Section 6. There shall be held annually in the Terms of County of Arapahoe, six (6) terms of the County Court, County court, commencing on the second Monday in the months of January, March, May, July, September and November. Approved April 10, 1905. 180 COURTS OF RECORD. [Ch. 93. CHAPTER 93. COURTS OF EECOBD. TWELFTH DISTRICT— TERMS. (S. B. No. 1?», by Senator Ewingr.) AN ACT TO FIX THE TERMS OF THE DISTRICT COURT OF THE SEVERAL COUNTIES OF THE TWELFTH JUDICIAL DISTRICT, OF THE STATE OF COLORADO, AND TO REPEAL ALL ACTS, AND PARTS OF ACTS, INCONSISTENT OR IN CONFLICT WITH THE PROVISIONS OF THIS ACT. Be it Ewicted hy the Oeneral Assembly of the State of Colorado: Terms of Section 1. Terms of the District Court, shall be held District Court, in the Twelfth Judicial District of the State of Colorado, in each and every year as follows, to wit : In the County Conejos county, of Couejos, ou the first Mondays in May and December; Costilla county, in the Couuty of Costilla, on the first Monday in April; Rio Grande in the Couuty of Rio Grande, on the fourth Monday in county. May, and the third Monday in November; in the County Saguache o^ Saguache, on the second Monday in June, and the county. fourth Monday in October; in the County of Mineral on Mineral county, the third Monday in April, and the first Monday in Oc- tober. Repeal. Sec. 2. All acts and parts of acts inconsistent, or Proviso- ^^ conflict herewith, are hereby repealed ; Provided, how- pending matter- ever, That all actions, causes, issues and proceedings, civil, criminal and special, which are pending in the Dis- trict Court of any of the above named counties, including causes in which the place of trial has been changed to any such county and including attachments, recognizances and undertakings of every kind, shall be held to be pend- Manner of i^^g ^^ the first term of said court in and for the county procetdiTi/? wherciu the same is now pending, as fixed by this act ^**^ and may be regularly proceeded with at such term and in the same manner, and with the same effect, as Ch. 94.] CRIMINAL CODE. 181 though pending at the next regular term, as fixed by law prior in this act; and all recognizances, bonds and un- Bonds, dertakings whereby any person or persons shall be re- quired to appear, or do any other act at any term of any of said courts as heretofore fixed by law, shall be deemed to require the same act or appearances at the first term of the said court after this act shall take effect as fixed herein, and proceedings thereon at such term herein fixed Proceedings shall be taken the same as they might have been at the on bonds, term particularly specified therein. Sec. 3. In the opinion of the General Assembly an emergency exists ; and therefore, this act shall take effect and be in force, from and after its passage. Approved April 10, 1905. CHAPTER 94. CRIMINAL CODE. (S. B. No. 81, by Senator Robertson.) AN ACT CONCERNING THE TAKING OF INDECENT LIBERTIES WITH CHILDREN, AND TO PROVIDE PUNISHMENT THEREFOR. Be it Enacted by the General Assembly of the State of Colorado: Section 1. Any person over the age of fourteen years Assaulting of who shall assault any child under sixteen years of age children under and shall take indecent and improper liberties with the ^^^ ^^ ^^• person of such child, or who shall entice, allure or per- suade any such child into any room, office or to any other place for the purpose of taking such immodest, immoral, and indecent liberties with such child, or who shall take or attempt to take such liberties, with the person of such child at any place, shall be deemed a felonious assaulter, peionious and, on conviction thereof, shall be punished, if over assault, eighteen years of age, by confinement in the Penitentiary for a term not more than ten years, and, if under eigh- Penalty. teen years of age, may be punished by commitment to the State Reformatory or to the State Industrial School. Approved April 6, 1905. 182 CRIMINAL CODE. [Ch.95. CHAPTER 95 CBIMINAL CODE. BRIBERY. (H. B. No. eo, by Mr. Hurd.) AN ACT TO AMEND SECTIONS 790, 791 AND 792 OF THE GENERAL STATUTES OF THE STATE OF COLORADO FOR 1883, BEING SECTIONS 1273, 1274 AND 1275 OF MILLS' ANNO- TATED STATUTES. Amended. Bribery of judges. Purpose of bribe. Bribery of city council. Members of legislative assembly. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That sections 790, 791 and 792 of the General Statutes of the State of Colorado for 1883, being sections 1273, 1274 and 1275 of Mills' Annotated Stat- utes, be and the same are hereby amended so as to read as follows : "Sec. 102. If any person or persons shall, directly or indirectly, give any sum or sums of money, or any other bribe, present or reward, or any promise, contract, obligation or security for the payment or delivery of any money, present, reward, or any other thing to obtain or procure the opinion, judgment or decree of any judge or justice of the peace acting within this State, or to cor- rupt, induce or influence such judge or justice of the peace to be more favorable to one side than to the other in any suit, matter or cause depending or to be brought before him or them, or shall, directly or indirectly, give any sum or sums of money, present, or reward, or any promise, contract, obligation or security for the payment or delivery of any money, present or reward, or other thing, to obtain, procure or influence the vote of any alderman or member of a city council or member of the legislative assembly, or to incline, induce or influence any such alderman or member of city council and mem- ber of the legislative assembly to be more favorable to Ch. 95.] CRIMINAL CODE. 183 one side than the other on any question, election, matter or thing pending or to be brought before any city coun- cil or the legislative assembly, or either house of the legis- lative assembly, the person so giving any money, bribe, present or reward, promise, contract, obligation or se- curity, with intent and for the purpose aforesaid, and the judge, justice of the peace, alderman, or member of city council, or member of the legislative assembly who shall in any wise accept or receive the same, shall be deemed guilty of bribery, and, on conviction shall be punished by confinement in the Penitentiary for a term Penalty. of not less than one 3 ear, nor more than five years. "Sec. 103. If any person shall directly or indirectly Bribery of give any sum or sums of money, or any other bribe, pres- Judge, sheriff, ent or reward, or any promise, contract, obligation or ^^^^^\^^^^^ security for the payment of any money, present or re ^^^,^^^3^^^ ward, or any other thing, to any judge, justice of the peace, sheriff, coroner, clerk, constable, jailer, Attorney General or prosecuting attorney, mayor, alderman or member of city council, member of the legislative assem- bly, or other officer, ministerial or judicial (but such fees as are allowed by law), with intent to induce or influ- ence such officer to appoint any person to office, or to Purpose of execute any of the powers in him vested, or perform any ^'^^^' duty of him required with partiality or favor, or other- wise than is required by law, or in consideration that such officer hath appointed any person to any office, or exercised any power in him vested, or performed any duty of him required with partiality or favor, or other wise, contrary to law, the person so giving and the officer so receiving any money, bribe, present, reward, promise, contract, obligation or security, with intent or for the purpose or consideration aforesaid, shall be deemed guilty of bribery, and on conviction, shall be punished by con- finement in the Penitentiary for a term of not less than ienaity. one year, nor more than five years. "Sec. 104. Every person who shall offer or attempt Attempts to to bribe any member of the legisltitive assembly, alder- ^'*^®' man or member of city council, mayor, judge, justice of the peace, sheriff, coroner, clerk, constable, jailer. Attor- ney General, county or prosecuting attorney, or other ministerial or judicial officer, in any of the cases men- tioned in either of the two preceding sections, and every offers to member of the legislative assembly, alderman or member accept bribe. 184 DENTISTRY. [Ch. 96. of city council, mayor, judge, justice of the peace, sheriff, coroner, clerk, constable, jailer, Attorney General, county or prosecuting attorney, or other ministerial or judicial officer, who shall propose or agree to receive a bribe in any of the cases mentioned in either of the two preceding Penalty. sectious shall. On conviction, be fined in a sum not ex- ceeding one thousand dollars. Emergency. Sec. 2. In the Opinion of the General Assembly an emergency exists ; therefore, this act shall be in full force and effect from and after its passage. Approved April 10, 1905. CHAPTER 96. DENTISTBT. (S. B. No. 78, by Senator Owen.) AN ACT ENTITLED, AN ACT TO AMEND SECTION 7 OF CHAPTER 43, SESSION LAWS OF 1897, ENTITLED, "AN ACT TO REGU- LATE THE PRACTICE OF DENTISTRY AND DENTAL SUR- GERY IN THE STATE OF COLORADO, AND TO REPEAL AN ACT TO SECURE THE EFFICIENCY OF PRACTITIONERS OF DENTAL SURGERY, AND TO REGULATE THE PRACTICE OF DENTISTRY IN THE STATE OF COLORADO,'" APPROVED APRIL 17, 1897. Amended. Misdemeanor. Penalty. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That section 7 of said act shall be amended so as to read as follows: Sec. 7. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misde- meanor, and shall be liable to prosecution before any court of competent jurisdiction, upon information or by indictment, and upon conviction shall be punished for the first offense, by a fine in the sum of not less than one hun- dred dollars (\|lOO.OO) or more than three hundred dollars Oh. 97.] DIVORCE. 185 (f300.00), or by imprisonment in the county jail not more than three months, and for a second offense or second conviction, shall be imprisoned in the county jail not less than three months or more than one year. Each day that this act is violated shall be considered a separate offense. Approved April 10, 1905. CHAPTER 97. DIVORCE. (S. B. No. 23, by Senator Campbell.) AN ACT RELATING TO DECREES OF DIVORCE. Be it Enacted hy the Oeneral Assembly of the State of Colorado: Section 1. That all decrees of divorce heretofore Divorces here- granted upon verdicts rendered, wherein a less number of tofore granted jurors than six was impanelled, shall not be deemed in-^y ^"^y of less valid, by reason thereof, but shall be legal and binding, ^^^^^ ^^'^ "^^^^ the same as though they had been tried by a jury of six. Sec. 2. In the opinion of the General Assembly an Emergency. emergency exists; therefore this act shall be in force from and after its passage. ' Approved April 10, 1905. 186 DOCKING horses' TAILS. [Ch. 98. CHAPTER 98. DOCKOrO HOBSES' TAILS. (H. B. No. 28S, by Mr. Baer.) AN ACT TO REPEAL CERTAIN PARTS OF AN ACT ENTITLED "AN ACT TO PREVENT THE DOCKING OF HORSES' TAILS, OR PROCURING THE SAME TO BE DOCKED; TO PREVENT THE IMPORTATION OR BRINGING INTO THE STATE OF DOCKED HORSES; TO REQUIRE A REGISTRY OF ALL DOCKED HORSES NOW IN THIS STATE; TO PREVENT THE USE OF UNREGISTERED DOCKED HORSES; AND TO PRO- VIDE A PENALTY FOR THE VIOLATION OF THE PROVI- SIONS OF THIS ACT," APPROVED APRIL 6, 1899. RepeaL Docked horses allowed in State— when. Description furnshed. Emergrency. Be it Enacted hy the (General Aaaemhly of the State of Colorado: Section 1. Chapter 93, of the Session Laws of 1899, (pages 175 and 176) of the State of Colorado, is hereby repealed so far as it relates to the importation into, and use in, this State of docked pure bred stallions and mares from foreign countries for breeding or exhibition pur- poses only, as provided by an act of Congress entitled '^An act regulating the importation of breeding animals,'' and approved March 3, 1903, and to docked native bred stallions and mares brought into this State and used for bree'ding or exhibition purposes only; Provided a de- scription of each such animal so brought into the State, together with the date of importation and name and ad- dress of importer, be furnished to the State Bureau of Child and Animal Protection at the time of such im- portation. Sec. 2. Whereas, in the opinion of the General As- sembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. Ch. 99.] DUMB ANIMALS. 187 CHAPTER 99. u DUMB ANIMALS. (H. B. No. 138, by Mr. Vance.) AN ACT FOR THE PROTECTION OF DUMB ANIMALS. Be it Enacted by the General Assembly of the State of Colorado: Section 1. It shall be unlawful for any person to unlawful to cause, procure, encourage, aid or abet any dumb animal engage dumb to flight or. engage in combat, or to cause, procure, ^ii- combat^ ^ courage, aid or abet to be set down or released any^° captive dumb animal to be shot at or for dogs to pursue to release to be or to be in any other manner injured, frightened or har- shot or pursued. assed for sport or amusement or upon a wager or for^agers. the purpose or result of making bets upon the progress or result of such fight, combat, shooting, pursuit or other injury or affright. Sec. 2. Any person wilfully a spectator of or mak- wiifui specta- ing bets or wagers upon the progress or result of any tors held as such fight, combat, shooting, pursuit or other injury ^°^®^®°^®^- or affright shall be deemed and held to be an accessory and shall be punished as a principal. Sec. 3. Any person violating any of the provisions Penalty, of this act shall, upon conviction, be punished by im- prisonment in the county jail for a period not exceeding one year or by fine of not less than ten dollars nor more than two hundred and fifty dollars, or by both such fine and imprisonment. Approved April 11, 1905. 188 ELECTIONS. [Ch. 100. CHAPTER 100. ELEcnoirs. REGISTRATION. (S. B. No. 20, by Senator Booth.) AN ACT CONCERNING ELECTIONS IN ALL COUNTIES AND MUNICI- PALITIES WITHIN THIS STATE, WHETHER CREATED BY DIRECT CONSTITUTIONAL PROVISION OR PURSUANT TO STATUTORY ENACTMENT, AND TO PROVIDE FOR THE APPOINTMENT OF A REGISTRATION COMMITTEE AND JUDGES OF ELECTIONS, AND THE REGISTRATION OF ALL QUALIFIED ELECTORS IN ELECTION PRECINCTS INCLUDED WHOLLY OR PARTIALLY WITHIN THE LIMITS OF CITIES OR MUNICIPALITIES WITH A GREATER POPU- LATION THAN FIVE THOUSAND INHABITANTS, AND TO PROVIDE FOR PUNISHING ALL VIOLATIONS THEREOF, AND TO REPEAL ALL ACTS AND PARTS OF ACTS INCON- SISTENT THEREWITH. Be it Enacted by the General Assembly of the State of Colorado: REGISTRATION LAW. PERSON TO VOTE MUST BE REGISTERED. No one shall Section 1. No person shall hereafter be permitted vote in cities of to vote at any general or special election, whether na- over Ave tional, State, district, county or city (excepting elec- reSttered"''^^^^ ^^^ ^^ school trustees) held in any election precinct in- cluded wholly or partially within the limits of any city with a greater population than five thousand inhabitants, without first having been registered within the time and in the manner and form required by the provisions of this act. Ch. 100.] ELECTIONS. 189 DEFINITION AND CONSTRUCTION. Sec. 2. The words and phrases in this act shall, uu- construction less the same be inconsistent with the context, be con- and definition strued as follows: of words. 1. The word "majority," when used in describing Majority, a majority of the registration committee herein provided for, to mean the two members of said committee who shall respectively belong to the opposing parties entitled to representation thereon. 2. The words "reasonable hours," mean the hours Reasonable of any week day between 7 a. m. and 9 p. m. hours. 3. The words "registration committee" and the Registration words "judges of election," to mean the three persons committee. provided to be appointed by this act, or "a majority "^J^^^^^ ®' thereof," as defined by this act. 4. The words "county clerk," to mean the county county cierk. clerk and recorder of each county, and in cities operating under special charter under any constitutional provision of the State, the officer or officers lawfully designated by such charter to perform the duties of county clerks in election matters. 5. The words "county commissioners," mean the county board of county commissioners of each county, and in commissioners, cities operating under special charter under any consti- tutional provision of the State, the officer or officers law- fully designated by such charter to perform the duties of boards of county commissioners in election matters. 6. The population of cities "the word city means city- also any city and county created such by constitutional amendment" and coming within the provisions of this act shall be determined by the latest federal census. 7. The words "orderly enter," mean to seek admis- orderly enter. sion to any residence, rooming house or hotel in an ordi- nary, courteous and gentlemanly manner. 8. In computing time for any act to be done before computuig any election, as provided hereunder, the first day shall'"® be included, and the last day, to wit, election day, shall be excluded. If the time for any act to be done, as pro- vided for herein, shall fall upon Sunday, such act shall be done upon the day following such Sunday, and such Sunday Sunday shall not be included in any given number of excluded. 190 ELECTIONS. [Ch. 100. Liberal construction of act. days designated as the time in which any act is to be done or performed, as provided in this act. 9. This act shall be liberally construed, so that all legally qualified electors may be registered, and that those who are not legal electors may be kept from such registration lists, and that fraud and corrpution [cor- ruption] in elections may be prevented, and these pur- poses shall not be defeated by any informality or failure to comply with the provisions of this act as to any notice required by this act. Electors regrlstered by committee. Committee shall act as election Judges. Committee appointed by countj^ clerk. Term of office. List of appointments. County chairmen certify to county clerk names of three electors. Willingness to act. REGISTRATION COMMITTEE— HOW CONSTI- TUTED—QUALIFICATIONS. Sec. 3. 1. The registration of electors in each of the several precincts in said cities shall be made by a committee, to be called the "registration committee," in each of said precincts as herein provided. The registra- tion committee shall also be the judges of election at any general or special election next following fheir appoint- ment and during their term of office. 2. The registration committee shall consist of three qualified electors in each precinct who shall be ap- pointed by the county clerk for each of the precincts in the county on the first Tuesday in July, A. D. 1906, and upon the same day every two years thereafter in the man- ner herein provided, and he shall make and file in his office a list of each and all persons so appointed therein, the names, business, postoffice and residence addresses and precinct and ward of each person so appointed. 3. Between the first day of May and the third Tues- day in June, A. D. 1906, and during said period, every two years thereafter, the county chairman of each of the two political parties in each county having cast the high- est number of votes for Governor at the last general elec- tion for State officers, shall certify to the county clerk the names of three qualified electors in each of the pre- cincts in such city or city and county, together with the postoffice, residence and business address of each of such persons so certified, except as herein provided. Each chairman shall also certify that the persons named are willing to serve upon the registration committee in their precincts respectively. Each county chairman shall des- Ch. 100.] ELECTIONS. 191 ignate the order of his choice of such names for service selection of upon the registration committee in each precinct, and the *" ^^^ two persons so first designated by the two county chair- ^^^^^^^^ man [chairmen] of the two said political parties shall constitute two of the members of such committee. One of such political parties shall be entitled to the third Determination member of such committee in all even-numbered pre- of third cincts, and the other in all odd-numbered precincts in member of such county, and it shall always be the duty of the county ^^™™"^- commissioners to number such precincts consecutively, beginning with number 1 in each ward, district or po- litical division of such city and county, city or town. On said first Tuesday in July the county clerk, or any deputy designated by him for that purpose, shall in the presence of the two county chairmen of the two said political par- ties, if they shall attend after personal notice is given them, determine by lot which of such political parties shall be entitled to the third member of the committee in the odd-numbered precincts. The third member of the county registration committee shall be the choice of the county chairmen choose chairman of the political party entitled to such choice ^^^"^ ™®"^''"* a8 provided herein from the names submitted by him, if ^^^^^ * • such choice be designated, and if not, the county clerk may select any one of said names. If for any reason any Failure of any one selected to act upon the registration committee re- member to fuses, fails or is unable to act at any time within forty- ^^' eight hours before any election, it shall be the duty of such member of the committee, or any member of the committee, to notify the county clerk, whereupon the county cierk county clerk shall forthwith, in the most speedy and eon- ^^^,'^^^"^jy venient method, notify the county chairman of the polit- fauure. ical party to which such member so refusing, failing or unable to act belongs. Whereupon it shall be the duty county of the county chairman of such political party to forth- chairman with transmit to the county clerk the name of some other ^^^\\J^ , elector in such precinct to act in the place of such per- name.^"^ son. If it is impracticable or impossible to notify such county chairman of any such vacancy in the committee during the time of registration, the majority of such inability of committee shall perform the duties of such committee county clerk until such vacancy is filled as provided herein. If the^^J^^y'^ majority of such committee in such case be not consti- chairman of tuted as provided in this act in such contingency th6 vacancy. county clerk shall designate to act upon such committee. 192 ELECTIONS. [Ch. 100. When county clerk may temporarily fill vacancy. Vacancy occurringr on day of election. Member entitled to place if appearing within six. hours. Office holders can not act in official capacity. County clerk issue certificates. Contents of certificate. Certificate mailed. pending the filling of such vacancy as provided herein^ some qualified elector in said precinct belonging to the I>arty entitled to such representation. Provided, how- ever, That the county clerk must designate some person who was named originally by the county chairman in the list submitted as herein provided, if any such person be willing to act. If a vacancy in such committee should oc- cur upon the day of election by failure of any member of such committee to appear at the polling place at the time provided by law for the opening thereof, the vacancy shall be filled by vote of the by-standers as now provided by law ; Provided, however. That if such member of the com- mittee shall appear at the {Killing place within six hours from the opening thereof, he shall be entitled to assume the place and act upon such committee, and in such event the election judges shall make note of such fact in their official returns from such precinct, and in no event shall any person so selected because of such vacancy on the day of any election be permitted to act for a longer period than during such election, but as soon thereafter as the duties of such judges for the particular election day are discharged, any vacancy shall be filled in the manner herein provided, but no person shall be eligible* to act or serve in any official capacity, or take any part ill the conduct of any election, except to vote, in any pre- cinct, who has held any official position in or has been in the employ of the city, or of the city and county, in the State, within ninety days preceding the election. 4. Within five days after the time provided herein for the designation and appointment by the county clerk of the members of such registration committee, it "shall be the duty of the county clerk to issue three certificates under his official seal certifying to the appointment of such committees in each precinct of such city as provided herein. Such certificate shall contain the name, busi- ness, postoffice and residence address of said member of such committee in each precinct, with a statement under seal of said clerk that they were selected by him in ac- cordance with the provisions of this act, one of which certificates shall be mailed by the county clerk to each of the members of such committee, addressed to his post- office address. It shall also be the duty of the county clerk within the said five days to transmit by mail to each of the respective county chairmen of the two polit- Ch. 100.] ELECTIONS. 193 ical parties aforesaid a ttne, exact and certified copy of cierk man the list of members of the registration committee* ap- county pointed as herein proTided in each preciiict in such city, ^^^^5^7* ^I?* or city and county and town. The original of such lists ^Q^^tt^^g/^** on file in the office of the county clerk, and all other regis- tration or election records, shall be public records and subject to the inspection and examination during office hours by any elector of the State, and to the right to make copies thereof. 5. With the certificates transmitted or delivered by oath enclosed the county clerk to the members of the registration com- ^^^^ certificates mittee in the precincts respectively, there shall be ^^i* be si^°e^ wid° closed the form of oath hereinafter set forth, which shall returned. ^ be filled out and. signed by each member of such commit- tee and returned and filed in the office of the county' clerk within five days after the date of such appointment. The said oath to be taken and subscribed by the members of the registration committee shall be as follows: "I, do solemnly swear (or affirm) Form that I am a citizen of the United States and the State of ^^ oath. Colorado, of the County of City of ; that I have resided within the limits of precinct, ward (or district) , for at least six months last past; that I am a bona fide member of the party; that I will faithfully perform the duties required of a member of the registration com- mittee and judge of election in election prfecinct , ward (or district) , in the city of , county, Colorado, according to law; that I will not ask any elector his or her political belief; that I will not wrongfully omit from registration the name of any qualified elector; and, that I will not knowingly register anyone who is not legally entitled to register, so help me God.^^ The oath shall be taken before any officer authorized Member not to administer oaths, and shall be filed in the office of^i"^^"^®** the said county clerk and shall be a public record. No ^Jh-except"^ person shall be qualified as a member of such registration committee, except in case of vacancy on, or within forty- eight hours before, election day, or as otherwise provided in this act, until such oath has been duly subscribed. 194 ELECTIONS. [Ch. 100. Failure to make and file oath. sworn to or affirmed and filed as herein provided. In ease of the failure of any person selected to act upon the registratioq committee to subscribe, swear to or af- firm and file such oath or affirmations as herein provided within five days from the time of his appointment, the county clerk shall notify the county chairman of the political party who may have designated, or who may have been entitled to designate, such member of the com- mittee, and upon failure of such person to comply with this section within forty-eight hours thereafter, such fail- ure shall constitute a vacancy, and another shall be ap- pointed by the same authority in place of such member in accordance with the provisions of this act. Removal of committeeman. Notice of removal. Filling of vacancy. Neglect of duty. Fraud. Violation of oath. Irregularity of appointment. REMOVAL OF COMMITTEEMEN. Sec. 4. Any member of the registration committee may be removed in either of the following ways : "A" Upon the filing of a statement with the county clerk by the county chairman of the political party in whose behalf such member was appointed, charging that, after investigation, he is of the opinion that his party is not faithfully or fairly represented by such committee- man. Upon the filing of such statement it shall be the duty of the county clerk to forthwith notify such com- mitteeman of his removal and the cause thereof, when his successor shall forthwith be appointed as in other cases. ^B" If any member of such committee has neg lected his duty in attending to such registration, or has committed, encouraged or connived at any frauds in con- nection therewith, or has violated any of the election laws, or has knowingly permitted others to do so, or has been convicted of any crime, or has violated the oath provided for herein, or has wrongfully hampered or in- terfered or tended to interfere with the due and regular performance of the duties of the registration committee or any member thereof, or committed any other act which interferes or tends to interfere with carrying out the pur- poses of this act to provide a fair and honest registration and election, or if the appointment of any member was not made in accordance with the provision of this act, such member may be removed from said committee in the following manner: Ch. 100.] ELECTIONS. 195 In any such case a complaint shall be filed in the complaint. District or County Court of the county at any time, pro- vided such time is at least five days before any election, setting up in brief and concise language the facts con- contents of stituting the cause for the removal of such member of complaint, the committee; whereupon the court shall issue a cita- tion to such committeeman directing him to appear at citation issue, a time within forty-eight hours thereafter to answer such complaint, if he desires so to do. The court shall Hearing. proceed summarily to hear and dispose of such complaint, and within forty-eight hours of the time of the filing of the answer may hear evidence in relation thereto. If the court shall decide that such committeeman shall be removed he shall notify the county clerk thereof forth- with, whereupon the chairman and county clerk shall in case of forthwith fill the vacancy as provided herein for original removal, appointments upon said committee. Such complaint may be filed by any elector and shall complaint filed be verified, but the verification ipay be upon information and verified by and belief. Any evidence given by any such accused com- e^^^tor. mitteeman at such hearing, or the result thereof, shall Evidence not not be used against him in civil, criminal or other pro- incriminating. ceedings. Upon the failure or neglect of the members of such registration committee, or a majority thereof, to upon failure of make the canvass and return the same to the county committee to clerk, according to law, or to otherwise perform the du- perform duty ties provided by this act to be performed by such regis- r^movai^^ tration committee and the members thereof, it shall be instituted. the duty of any member of such registration committee, any county chairman of a political party or organization, or any elector in the precinct for which such registration committee and each member thereof is appointed, having knowledge of such failure or neglect, to cause the proper action for removal to be instituted against such member of said committee. It shall also be the duty of the county clerk to take prompt and immediate action in all such vacancy, cases coming to his knowledge. Any vacancies occurring ^^^ ti^i&^- in such registration committee for any cause shall be filled in the same manner and with like effect as said committee is provided to be originally constituted and appointed. The validity of any part of the registration validity of alreadv completed, or other acts done or provided here- ^^^^ ^^"® ^^^ * anected bv under, if otherwise legally done, shall not be affected by removal. the removal of a member of such committee, but the same 196 ELBOnONS. [Ch. 100. Succeaaor proceed with duties. shall be in every respect valid and regular, and the suc- cessor of any such person removed, or retiring from such committee for any cause, shall proceed with such canvass and the other duties of such committee with like power and effect as though originally appointed as a member of such registration committee. COPIES AND RETURNS OP REGISTRATIONS. Three complete copies of regristration shall be made. Daily copies gec. 5. 1. .Any member of the registration commit- may be made. ^^ ^^^ make daily copies upon duplicate sheets of all registration made. It shall be the duty of the members of such committee to sign and certify to such copies when requested by any member of the committee. 2. At the end of the thirty-fifth day before election day provided herein for the making of such registration by canvass of the precinct by the r^stration committee, at least three complete copies of the registration shall be made forthwith upon blank sheets, and unless imprac- ticable, the same shall be made by manifolding upon the typewriter; or the same may be printed. Such sheets shall then be securely fastened together in the order of the originals thereof in the book of registration; or, if more convenient, such copies may be made in a book which shall be a duplicate of the original registration book. Such copies shall also contain a copy of the ce^ tificate required to be attached to the book of original registration. There shall also be a certificate attached to each of said copies certifying that the same is a true and correct copy of the original book of registration, at the date of the making of such copies. The said copies, together with the book of original r^strations, shall be forthwith filed, with the county clerk, who shall place his file mark thereon, and as soon thereafter as possible, and not to exceed twenty-four (24) hours, deliver one of such copies to each of such county chairmen, taking his re- ceipt therefor. There shall also be prepared by the reg- istration committee, a fourth copy of the registration list, containini? the names and addresses only of the electors registered by them, to .be posted in the precinct, as pro- vided in section 11 of this act. Corrections and 3. Not more than twenty-five nor less than ten days additions to before any election following the delivery of such copies, such county chairman may return such lists to the county Certificates attached. Copies filed with county clerk, who delivers one to each county chairman. Fourth copy to be posted in precinct. copies. Ch. 100.] ELECTIONS. 197 clerk, whose duty it shall be to add thereto any correc- tions or any additions made to the original book of regis- tration, and return the same to such county chairman within five days after the receipt thereof. 4« The original book of registration shall be deliv- original book ered by the registration committee to the county clerk ^' ^^8^^''*°" at least twenty-seven days before any election provided ^®^^^y^^^ for by law requiring the registration of voters. At the time of each delivery of such book of registration, there shall be attached thereto a certificate signed and sworn certificate to by at least a majority of the registration committee attached, certifying as follows: We, the legally appointed committee of registration Form of for precinct , ward (or district) , upon oath do c^*^^*** say that we have diligently canvassed the said precinct, and have herein entered the names of all qualified electors according to law, and that we did sit at number , within the said precinct, between the hours of and , on the day of .19. . ., as provided by law, for the purposed registration of electors in said precinct, and we have in all respects complied with the law in making the registration of said precinct up to and including the date of this certificate. Committee of Registration for Precinct , Ward and do solemnly swear, by the ever- living God, that we have read and signed the above cer- tificate, and that the same is true to the best of our knowledge and belief. Committee of Begistration. Subscribed and sworn to before^me this day of , A. D. 19... 198 ELBCnOXS. [Ch. 100. Power to . administer oaths to obtain information pertaining to registration. False informant eruilty of perjury. Refusal to give information or giving false information misdemeanor. Penalty. RIGHTS OP COMMITTEE TO OBTAIN INFORMATION. Sec. 6. 1. Said registration committee shall have the right to administer oaths to any householder, owner, tenant, the proprietor or keeper of any rooming house, hotel, flat, apartment house, or other place of habitation, the person in charge* or any occupant thereof, to enable them to ascertain the names of the persons residing therein, who may be electors and entitled to be regis- tered, and all persons so placed under oath shall answer all questions concerning the occupants of such habita- tion, and any false or untruthful answer or statement wilfully given by such person while so under oath shall be deemed perjury and punished as is now provided by law for perjury ; and it shall be the duty of all such per- sons to furnish under oath when requested by such com- mittee or any member thereof any information within their knowledge or possession concerning the persons re- siding in any such place, so far as the same may be neces- sary to ascertain the electors who may reside therein and their qualifications as such. 2. Any person wrongfully or wilfully refusing to give such information, or wrongfully or wilfully giving such committee any information permitted to be ob- tained by this act, which shall be false or purposely mis- leading, shall be guilty of a misdemeanor, and on convic- tion shall be fined in a sum not to exceed five hundred dollars, or imprisoned in the county jail for a period not to exceed six months, or by both such fine and impris- onment, in the discretion of the court. County commissioners furnish registration books. Form for book. COUNTY COMMISSIONERS PROVIDE BOOKS, RE- TURN SHEETS AND ALL OTHER BLANKS ANB PRINTED MATTER. Sec* 7* !• The board of county, or city and county commissioners in each county, from time to time as re- quired, shall provide for each one of all such election pre- cincts of the city, or city and county, r^stration books, which shall be of sufficient strength and durability for the temporary regisA^tion provided for; such books shall be of convenient size and shax>e, and ^all be arranged for the registration of names in alphabetical divisions, each Ch. 100.] ELECTIONS. 199 alphabetical division to be composed of ruled columns with appropriate headings, under which the information obtained by the registration committee concerning, or the proper answers and statements made by each elector in being registered in compliance with this act, shall be recorded. The names of the electors as registered, shall Electors be numbered under each alphabetical division, consecu- numbered, tively, from one (1) upwards, and the date of registra- Dg^t^ ^^ tion shall also be recorded. There shall also be ruled registration, columns under each one of said alphabetical divisions for the signature of electors, information as to their quali- signature of fications and the registration committee; also, a column ®^®^^^- with a heading "Registration Changed From," and sub- headings "Election Precinct No ," and "Regis- try No ,'' whereunder in all cases of change of registration made necessary by change of residence of any Previous elector shall be stated the election precinct and registry registration. number of the elector's previous registration. Thei'e shall also be a ruled column headed "Remarks," under Remarks, which shall be briefly noted any important information affecting the registry of the elector, whose name they follow, including any explanations of any erasure or other suspicious appearance in such registration, as well as the change in the registration of the names of the electors by reason of a change of residence. 2. There shall also be provided for such registration commissioners committee a sufficient number of loose blank sheets cor- furnish other responding to the pages of such registration books, in^^PP^^®®- order that such registration committee may, as con- veniently and inexpensively as practicable, make suffi- cient copies of such registration books. There shall also be provided for such registration committees all other printed blanks of certificates, notices, forms or other printed matter or supplies which may be necessary to perform their duties under the provisions of this act. PRINTED FORM OF REGISTRATION BOOKS. Sec. 8. The headings of said alphabetical divisions aforesaid of the registration books for each election pre- cinct, shall be substantially as follows, viz: 200 ELBcrnoNS. [Ch. 100. s, M B S5 u o •o - "g •J • g ^ H-l H S ^ S5 t • -» 00 1 «M o 5 Is Q 6 !z; Ch. 100.] ELECTIONS. 201 II III 5\|S II 5g\| PI 202 ELECTIONS. [Ch. 100. 5--J "•9\|\| pi ^ Q » Oh ■ 1 b BSS o . 3i^ * 55 O H 0^ & S o H C GO O f. -< ^ w « * 1 ^ ■-1 n 1 . «M s« $0 §§ a er 5.^ ^ ^ 5 dtT i 1 0* HH n ^ 03 5z; s H ^ Q CS3 ^z; H _^ ^ Q IB Q ^^___ -. « , ." 9 «4 « ^ W . «M ^ OQ 5 ®§a S 8:28 00 o:S eS :)qQh Ch. 100.] ELECTIONS. 203 1 r ( ^5 1 ' 02 1 1 1° - i< 11 3i i 204 ELECTIONS. [Ch. 100. Name. Married or single. Place of residence. Owner or tenant. Native bom or naturalized. Description of elector. Profession. Address. Educational qualifications. Former residence. QUESTIONS TO BE ANSWERED. Sec. 9. It shall be the duty of each qualified elector to be lawfully registered to answer concerning the fol- lowing matters : (1) Name in full. (2) Whether married or single. (3) Place of residence, which, if urban or sub- urban, shall be located according to its street number, or if there shall be no street number, then by the number and description of the lot or lots in the block or blocks in the addition, division or sub-division into which the land upon which the residence is located is divided; in all other cases the residence shall be located by the sec- tion or sections or subdivisions thereof, in the township and range as established and numbered by the United States government survey. (4) Whether owner of, ten- ant of, or lodger with occupant of residence. If the voter is a lodger in any rooming house or hotel the number of the floor and the number of the room shall be given, and stated in the registration book. (5) Whether a native born or naturalized citizen of the United States. If a naturalized citizen, the applicant shall state how natural- ized, whether by naturalization of self, parents, or other- wise; applicant shall state as near as may be to his best knowledge, information and belief when self, parents, or, if a female, when husband, were naturalized, the place and time of naturalization and by what court the natur- alization papers were granted. (6) A description of his^ person, consisting of his height, age, sex, complexion, color of eyes, and any other physical features by which he can be readily identified. (7) His profession, business- or employment. (8) His postoffice address. (9) The appli- cant shall comply with any educational qualification re- quired by law. It shall only be necessary for a female voter to state that she is twenty-one (21) years of age and over in answer to all questions relating to her age. It shall also be required that all persons state their former place of residence. METHOD TO BE PURSUED BY REGISTRATION^ COMMITTEE IN MAKING REGISTRATIONS. County clerk furnish registration books. Sec. 10. 1. The registration committee shall be- provided by the county clerk with a book made in con* formity with the provisions of sections 7 and 8 of this, act and such other supplies as are necessary. All regis- Ch. 100.] ELBonoNS. 205 tration shall be made in ink and shall be made only in Registrations the registration book furnished. Each elector registered made in ink. shall answer the questions concerning all the matters re- Elector answer qnired by section 9 of this act and sign his or her name, <iu«stonB and or, if unable to write, make his or her mark, and the ^^J^^^j^^"^ answer so made by the elector shall be entered in the said book by the member of the registration committee selected or directed by the committee to make such en- tries, in the proper place, and shall, together with the Attested by signature of the elector, be attested by at least a major- majority of ity of the registration committee, the elector first taking °°™™ ®®' the following oath before one of the members of said Elector take registration committee, all of whom are hereby empow- ®®'^- ered to administer such oath or any other oath necessary to the performance of their duties under this act or the carrying out of its proyisions: "I, , do solemnly swear (or aflSrm) Form of oath. that on the date of the next ensuing election I shall be over the age of twenty-one years and shall have resided in the State of Colorado at least twelve months immediately preceding the said election, and in the county of ninety days, and in precinct of ward (or district) tea days, and that I am a citizen of the United States and a qualified elector in said precinct.'' 2. At least a majority of such registration commit- committee tee shall, together and jointly, make a house to house make house to canvass of the precinct for which they are appointed, for ^^"^® canvass. the purpose of registering the qualified electors of the precinct, beginning on the forty-fifth day before election and continuing not to exceed the thirty-fifth day before election until their precinct is thoroughly canvassed, but compensation. shall receive pay for not to exceed four days. On the Committee sits thirtieth day preceding the day of election said registra- foTpurpose tion committee, or at least a majority thereof, shall sit of maWhg at some suitable place to be provided by the county com- registrations. missioners, selected in accordance with the methods and law of the State for the provision of polling places for elections, which place shall be as far as practicable cen- trally located within the precinct, from nine o'clock a. m. until nine o'clock p. m., and shall place on their registra- tion books the names of all qualified electors of their pre- cinct, who were not registered by the canvassers and 206 ELECTIONS. [Ch. 100. Protest aerainst resristration— when. Committee may strike name from list. Appeal to District or County Court. Protest and two copies filed. Protest and copies returned to county clerk. County clerk mall copy to chairmen. Notice to be left at each house. Form of notice. who shall present themselves for registration and take the form of oath hereinbefore set forth. Any county chairman or his representative or any qualified elector in such precinct may also appear at such time and protest against the registration of any name already appearing upon said registration list which is claimed to be illegal or fraudulent, and a majority of such committee, if satis- fied any such name is illegal or fraudulent, may strike the same from the list, subject to the right of any such person to apply in a brief petition to the District or County Court to have his name restored to such list if legally entitled to remain there. No fees shall be charged or collected in any such case where such petitioner's name may be restored to the registration list. Such pro- test and two copies thereof must be filed in writing with such registration committee upon said day, and it shall be the duty of the committee to return the said protest and copies thereof to the county clerk at the time of mak- ing return of such registration book as provided herein, with a statement by all or any one of said committee as to any knowledge or information obtained ; their opinion as to the truth or falsity of such protest, and their action in respect thereto, which statement shall remain on file with the county clerk. Forthwith, upon such filing with the county clerk, it shall be his duty to deliver or mail a copy of such protest so filed with him to each of the two county chairmen. Such statement filed by the regis- tration committee, or any member thereof, shall be con- veniently kept with the registration book or records from such precinct and subject to public inspection. 3. At the time of making the house to house can- vass, the registration committee shall leave at each house a printed notice, which notices shall be in form substan- tially as follows : The legally appointed regiiatration committee for registration in this precinct, to wit: Precinct , Ward, , will sit at No , street (or other description), from 9 o'clock a. m., until 9 o'clock p. m., on the day of , A. D. 19. ., for the purpose of registering such persons as are not registered in their canvass before that day, and for the inspection of their books, and to answer any inquiries concerning registration by any elector, resident of this Ch. 100.] ELECTIONS. 207 precinct. Any person not registered, but desiring to be, must appear before the registration committee at said time and place. Registration Committee. It shall be sufficient if such notice is signed by a majority of such registration committee. ^ PURGING OF REGISTRATION. Sec. 11. 1. Not more than twenty-five, nor less than verified eighteen days before any election, each county chairman, petition filed, or any other qualified elector, may file in the County or ^®"^^j^°^^ District Court a petition, which shall be under oath, al- registration. leging that the petitioner has made careful investigation, and believes that names registered by the registration committee are illegally or fraudulently registered in cer- tain precincts, which shall be stated. The petitioner shall set forth consecutively and in alphabetical order each of such names, with the address given in the regis- tration book in each precinct, and the names of the regis- tration committee in siich precinct. Such petition shall state briefly the facts upon which such charge of ille- gality or fraud is made. The verification may be made verification. upon information and belief. As soon as possible, and within twenty-four hours after the filing of such petition, the clerk of the court shall mail to each member of the registration committee in such precinct and to each Notice to name and address alleged therein to be illegal or fraudu- members of lent, a written or printed notice of the filing of such peti- committee. tion. The notice to the members of the registration committee shall be substantially as follows: You are notified that on the day of , Form filed in the Court a of notice. petition asking for the purging of certain names from the registration list in precinct ward , and that it appears from the rec- ords that such registration was made by you, and that you have represented it to be legal and correct. The petition charges that the following names in said pre- cinct registered by you are illegal or fraudulent, to wit: 208 BLBCnONS. [Ch. 100. (Here follow with names and addresses in alpha- betical order.) You are notified to appear and answer the charges of said petition at the hour of o'clock on the .. . day of , 19 , at the Court, at the court house, in the city of You are further notified that failure to appear, without good or sufficient excuse, renders you liable for contempt of court and punishment accordingly, as pro- vided by the registration law. You are also notified that it is your duty, under the law, to use diligence to notify each of the above persons of the time of such hearing, and to make report of your acts and conduct in this respect to the court accordingly. Clerk. Notice to party Form of notice. The notice mailed to the name and address of each person in such precinct mentioned in such petition as being illegally or fraudulently registered shall be sub- stantially as follows: You are notified that (stating the oflScial position of such petitioner, if the petitioner should be a county chairman, member of a registration committee, or otherwise), has filed a petition in this court, asking for the purging of the registration in pre- cinct , ward It is charged in such petition that your name appearing upon the registration lists of such precinct was illegally or fraudulently registered. You are notified that said cause will be heard at the Court, at the court house in the city of , at the hour of o'clock, on the day of ,19 , and you are requested to be present in person or by agent or attorney to answer th6 said charge. If you fail to appear you are notified that your name will be stricken from such registration list if it appear to the court that the charge is true. Clerk. Cll. 100.] ELECTIONS. 209 2. It shall be the duty of any person filing a peti- Duplicate tion as herein provided, for the purging of registration, copies of to file therewith two duplicate copies of the same, and P^^^tion filed. it shall be the duty of the clerk of the court to immedi- cierk of court ately deliver or mail to each of the two county chairmen deliver to one such duplicate copy, together with a notice stating ^^^'™®^ that the original of such copy has been duly filed in his"^^^ '^'^^^''^• office, stating the time of such filing and the time and ' place when the cause is set for hearing. 3. It shall be the duty of such registration com- committee mittee to use diligence in notify [notifyii;ig] any persons shaii notify mentioned in such petition as being illegally or fraudu- elector o^ lently registered of the time and place of such hearing, p^°®^- and also to furnish the court with any information they, Furnish court or either of them, have been able to obtain regarding any with such voter, his qualifications as an elector, and the facts information. concerning his registration. Any member of such regis- committeemen- tration committee who shall wrongfully or wilfully fail when in to appear at such hearing may be adjudged guilty of con- co^^^e^pt- tempt of court and punished accordingly. 4. Any person whose name is charged to be ille- oath by gaily or fraudulently registered, who shall appear in per- party as to son and make oath that he or she is a legally qualified ^salification. elector to vote in such precinct, or any person not pres- party not ent, whom any one member of such registration com- present, oath by mittee shall make oath in open court is a legally qualified committeeman. elector in said precinct, shall be, for the purpose of such conclusiveness hearing, conclusively entitled to have his name remain of right to upon such registration. Any person making such oath registration. in open court shall be subject to cross-examination by^ross- the petitioner or any person representing the petitioner examination. at such hearing. If any person at such hearing shall claim that any one thus retained upon such registration Record sent to list by such oath or affirmation is not a qualified elector district in such precinct, a record of the fact shall be made and ^'"o^^y- transmitted to the district attorney. 5. In all caaes, except those which shall be con- where clusively entitled to remain upon the registration lists registration not by reason of the oath or affirmation provided in the last conclusive, paragraph of this section, the court shall investigate sum- ^^^ll^^ marily and within 48 hours after the close of the evidence summal-ny. determine whether or not such charges are sustained. At the close of such hearing the court shall announce 210 ELECTIONS. [Ch. 100. Court announce names not entitled to registration. List o£ such names certified to county clerk. Clerk strike names from lists. Filing petition without reasonable Nor in good faith. Misdemeanor- penalty. Petitioner may be charged, by affidavit, of improper motives in filing petition. Misdemeanor- penalty. Hearing summary and without delay. Pleadings. the names in such petition as to which such charges ap- pear to have been sustained, and shall direct the clerk of the court to forthwith certify to the county clerk the lists or names of such persons, with their addresses in each precinct and ward, arranged alphabetically and ac- cording to precincts, the registration of which is, in the opinion of the court, illegal or fraudulent. It shall there- upon be the duty of the county clerk,, upon the receipt of said list from the said court, to forthwith strike such names from the registration lists in the proper pre- cinct by ruling a red line through such name, with the notation in the column for "remarks" that such name or names were stricken out in pursuance of the order of such court, giving the date of such order. 6. Any person who shall without previous investi- gation, or without reasonable cause or excuse, wilfully charge in any petition filed in such court that the name of any person upon such registration book or lists is il- legal or fraudulent, or who shall not file such petition in good faith, or who shall file the same for the purpose of hindering or delaying any registration or any election, and not for the purpose of purging such registration lists of illegal and fraudulent names, shall be deemed guilty of a misdemeanor, and on conviction shall be punished as provided in section 6 of this act. Any member of the registration committee, or any person whose name is charged to be illegally or fraudulently registered, shall have the right to charge 'by written affidavit filed in such cause, which affidavit may be upon information and be- lief, that the person filing such petition is not acting in good faith, but has been guilty of any of the acts or im- proper motives mentioned herein, and if, upon hearing, any of such charges are in the opinion of the court sus- tained, such person shall be guilty of a misdemeanor, and on conviction shall be punished as provided in section 6 of this act. 7. All hearings of any such petition or other issues raised thereby shall be summary, and not subject of delay. 8. No other pleadings than the said petition and affidavit shall be permitted to be filed in any such cause. 9. The court shall have the power to subpoena any person or persons as witnesses at such hearing and make Ch. 100.] ELECTIONS. 211 any necessary investigation to ascertain the truth of any power of court of the charges in such petition, provided the method of to subpoena such investigation shall not cause unnecessary delay or ^^^'^®®®®®- interfere with the final disposition of such cause within the time provided for herein. The decision of the court Decision of in any such case shall be final, and no appeal shall lie court final. to any other court ; except that the Supreme Court may Review by in the exercise of its discretion, review any such judicial Supreme court. proceedings in a summary way. 10. For the purpose of aiding in the purging of Making registration, and to make such registration lists acces- '®8^^'^°^ sible and convenient to any elector who may desire to "®® accessible. inspect the same, a copy of the registration li&t of each precinct, containing the' name and address only of each elector registered, shall be made by the registration com- mittee and certified to as correct as then {completed on certified copy the twenty-fifth day before election, when it shall be ^^^^,^^^^ ^^ posted by said committee, at the place where the regis- place of tration committee act in said precinct. The said list registration. shall remain posted until after the day of election. Any Penalty for person wilfully tampering with, altering, mutilating or altering or destroying such list shall be subject to the penalties pro- gu^h ^^t^ vided by section 18 of this act; Provided^ That ten days before election the registration committee shall cause committee may any necessary corrections to be made in such list and for ^o™ ections ^^^ such purpose may temporarily remove the same; the pen- alty for tampering with or destroying such list shall be Notice of printed in a conspicuous place on the outside thereof , ^^^^^J^^ ^^'"^^^ and the registration committee shall adopt reasonable posted in methods for the posting of such list so as to protect it conspicuous from the weather or theft, and make it accessible to the p^°®- public at reasonable times, and they shall sign their Committee names and addresses on the cover of such list. ^^^ "^- CHANGING ADDRESS. Sec. 12. Any qualified elector who has been regis- change of tered and who, subsequent thereto, shall have removed registration not from the precinct in which he is registered to some <^ther ^^^^^^^J^^^®'* precinct, may appear before the county clerk at any timeei^ction.^^^ within a period of not less than ten days prior to the day of any election, and, upon making oath as to his pres- ent residence in said precinct, said county clerk shall How made. 212 ELECTIONS. [Ch. 100. Changes In same precinct. draw a red line through the registration of said voter^ making note as follows: "Changed 19. . ., to pre- cinct , ward (or district) /' and shall register in red ink such elector in the registration book for the precinct to which he has moved. Change from one num- ber in the precinct to another number in the same pre- cinct may be made in the same manner. The county clerk or deputy making such change shall sign his or her name in the column for the signature of the registration committee. DUTIES OF COUNTY CLERK TO MAKE COPIES FOR ELECTION. County clerk make complete list of qualified voters. Deliver lists to election judges. Certificate of clerk attached. Forfeit by clerk for incorrect omissions or additions. Recovered by whom. Sec. 13. It shall be the duty of the county clerk of any county wherein any such city is situate, at least five days before the day of any election therein,.whether na- tional, State, district, county or city, or whether general or special (excepting election of school trustees), to make full and complete certified copies of the registration lists of the qualified voters in their respective election pre- cincts, for use in the holding and conducting of such election upon the day thereof, and deciding who shall be entitled to vote thereat, and to deliver such lists to the election judges for the proper precinct one day prior to such election. To each of such copies so delivered to the said election judges, it shall be the duty of the county clerk to attach his certificate, under the seal of his office, setting forth that the said copy contains a full, complete and accurate' list of the qualified voters in each such election precinct, as the same appear upon the original registration books on file in his office. Each such county clerk shall forfeit the sum of \|10. for each and every name incorrectly omitted from or added to any such copy, in case of an omission the said sum to be recovered by the party whose name is so incorrectly omitted in an action brought by him or any person to whom he may have as- signed such claim against said county clerk in any court of competent jurisdiction in the county, and for each and every name so incorrectly added to such copy a similar sum shall be deducted by the county commissioners of such county from any aniount due by the county to said county clerk. Ch. 100.] ELECTIONS. 213 It shall be the duty of the registration committee Registration acting as a board of election judges for each precinct i^-andh^^^ eluded within any such city for any such election, to call obtained by in person at the oifice of the county clerk and recorder judges, one day prior to such election, for the purpose of receiv- ing such copy of the registration lists. Said registration lists shall be furnished to said judges in a sealed en- ^sts in sealed velope, which said envelope shall not be opened until ®°^®^°^®®* the morning- of election day at the polls in the presence when opened, of the judges. Which copy shall be delivered to two judges, one belonging to the political party which cast the highest number of Votes for Governor in the last gen- eral election and the other belonging to the party which cast the next highest number of votes at such election, and both such judges shall receipt to the county clerk for such copy of the registration lists, and the custody custody of said registration list shall be with the minority judge °^ "®^- of election in each precinct. BOOKS PRESERVED— MISCELLANEOUS. Sec. 14. The oaths or aflSrmations provided for in Books preserved this section shall be preserved by the county clerk with ^omm?ttee the books and papers of each precinct, respectively, until appointed. a new registration committee is appointed, as provided by this act. The old registration bool^, records, aflflda- vits, statements or other papers, may be destroyed after the appointment of such new registration committee. Such registration committee, clerks and electors, by their signatures, in the place provided in this act in said regis- tration books, shall be conclusively deemed in law to have duly verified the registered correction of change verification therein of any elector, respecting whom such registered o' registered correction or change was made, in substance, manner and <^°^''®<^^o^- form as aforesaid, and shall for false attestation, swear- Penalty for ing or certifying, be subject to the penalties prescribed 'a^^se swearingr • in section 18 of this act. Said registration books, certift- ^^ certifying. cates, oath, statements or certified copies of the same by Books, etc., the county clerk, or a certified copy of entries therein by admissible in such clerk, shall be admissible in evidence as proof of the ®^'^^ence in taking of said oath or affirmation in all cases of criminal prc^eedings. proceedings for the punishment of false attestation, swearing, registration, certifying, signing or issuing of any paper or statement provided by this act. Upon re- quest of any registered elector, it shall be the duty of the 214 ELBX3TIONS. [Ch. 100. Duty of clerk to furnish certificate of regristratlon. Fee for certificate. Rights of rejected voter. Registration books left in custody of county clerk. Commissioners provide precincts. Precincts not created or changed less than five months beforei election. Committee appointed within ten days after change. Precincts not to contain over 500 votes. county clerk to make out and deliver to such elector a certificate of the registration of such elector, setting forth the fact of such registration, including the date, descrip- tion and other information recorded in connection with the registration of such elector, which certificate shall be attested by the hand of the county clerk and seal of the county. The county clerk shall be allowed a fee of five cents for each of such certificates, to be paid by the applicant. Any voter whose vote is rejected because of an error made in transcribing the oflScial register, shall be entitled to vote upon producing to the judges of any election a certified copy of his registration, showing his right to vote. Registration books shall be left in the custody of the county clerk, who shall be responsible therefor, except when in actual use by the registration committee in the performance of their duties. The mas- culine pronoun used herein shall also include the femi- nine. MAKING NEW PRECINCTS. Sec. 15. The board of county commissioners or other proper authority required by law to provide for the proper and sufficient number of election precincts in each city, or city and county, as directed by the statutes of the State, shall not change the boundaries of, or create any new election precinct or precincts wholly within the limits of any city or city and county, or within the pro- visions of this act within less than five months prior to any city, county or State election; and whenever they shall change the boundaries of, or create a new election precinct or precincts, as provided by law, within ten days after the creation of such new precincts or changes of such boundaries, it shall be the duty of the persons charged with such duties under this act, to forthwith proceed in accordance with the directions and provisions of this act to appoint a registration committee for such new precincts. Said registration committee shall proceed to perform the duties of such registration committees as provided by this act. The officers charged by law with such duty, shall, whenever necessary, on or before five months prior to any election, as herein provided, create election precincts or alter or divide any existing election precincts in any city or city and county within Ch. 100.] ELECTIONS. 215 pp- the provisions of this act, in such manner that each elec tion precinct shall contain not more than 500 votes. COMPENSATION. Sec. 16. 1. The county clerk of each county shall compensation oi be authorized to receive from the county the sum of five county cierk. cents for each change of registration made on the appli- cation of any qualified elector in pursuance of the pro- visions of this act. The county clerk shall receive from the county the sum of five cents for each notice issued and mailed under the provisions of this act. 2. Each member of the registration committee pro- compensation vided for in this act shall receive as compensation for his of registration services, to be paid in the manner and in accordance c<^™"^**««- with the laws providing for the payment of election judges or similar election officials, the sum of three dol- lars (f3.00) per day of twelve hours each, for not to ex- ceed five days for registration, and the sum of five dol- lars (15.00) for acting as judge of any election. 3. The registration committee are hereby author- compensation ized to employ a clerk or clerical assistants to make of employes copies of the registration lists herein provided for, at not ° committee. to exceed the sum of f 10.00 for each precinct for such copies of registration lists provided for by this act. Such committee, or any two members thereof, are authorized to sign a certificate certifying that any person named by them in the certificate has performed such clerical serv- committee signs ices, stating the amount thereof, and the county, upon certificate of the presentation of such certificate to the proper offii.'ers employe. of such county, shall pay the same as election judges or other election officials are paid. The county clerk shall be allowed a fee of one cent per name for each precinct Fee of county for which he shall furnish such copy of registration lists, cierk for to be paid by the applicant; but such county clerk shall registration receive no fee for any copies of registration lists prepared "^*'' by the registration committee and filed for any purpose with such county clerk. When such lists are furnished or such services performed as herein provided or referred to, in and about any city election for the city officers or other city purposes only, such city shall pay to the regis- city shall pay tration committee, county clerk or other person entitled expenses of to compensation by the provisions hereof, a similar sum ^^^ elections. 216 ELECTIONS. [Ch. 100. how appointed. for similar services as herein provided to be paid by the county in the case of elections held in such county. Compensation 4. The Compensation for any election officer now of other election provided by law, not herein provided for, shall be as officials. jjQ^ provided by the laws of this State. Election clerks- gec. 17. Each of the said political parties shall be entitled to a clerk in each precinct at each election, to be appointed by a majority of the judges in each pre- cinct upon the recommendation of the chairman of such party. PENALTIES. . Sec. 18. Any person who shall make false answer, either for himself or another, or who shall violate or at- tempt to violate any of the provisions of this act, and knowingly permit or encourage another to violate the same, or any public officer or officers or other person, upon whom any duty is imposed by this act or any of its provisions, who shall wilfully neglect such duty, or who shall wilfully perform it in such a way as to hinder the objects and purposes of this act, shall, excepting where some other penalty is provided by the terms of this act, be deemed guilty of a felony, and upon convic- tion thereof, shall be punished by imprisonment in the Penitentiary not less than one year, nor more than five years, and if he be a public officer, shall also forfeit his office. Sec. 19. Any member of the registration committee .of any precinct appointed under this act who shall wil- fully lose, destroy, deface, change, alter or falsify the registration list or lists, book or books, or any copy thereof, or cause or allow the same to be done, or who shall fail to properly account for such list or lists, book or books or copies thereof, or fail to deliver the same to the county clerk as required by law, or who fails to take the oath or affirmation provided for by law, or fails to perform any other duty within the time and manner prescribed by this act, shall forfeit his claim to any pay or compensation provided by this act, and shall also be subject to the penalties prescribed in section 18 of this act, and any person whosoever who shall wilfully or maliciously take, steal, carry away, destroy, deface, change, alter or falsify the said registration books, lists Violation of act. Neglect of duty. Felony. Penalty. Wilful loss, destruction or alteration of registration lists by member of committee. Failure to deliver lists to county clerk or take oath. Penalties for such failure. Ch, 100.] ELECTIONS. 217 or any copies thereof, or cause the same to be done, or wiifui taking, who shall interfere with any of the members of said destroying or reg:istration committee when in the performance of their ^^^^i"^^. duties as such registration committee or judges of ^t^J^^^i^ot^^ election, as herein set forth, shall be subject to the interference penalties prescribed in section 18 of this act. Upon the with committee. making and filing of an aifidavit with the district at- Penalty. torney by the county clerk or any resident elector of the precinct who is qualified to be registered, to the effect. Affidavit of that any member of the registration committee, or any violations. other person or persons, have violated any of the pro- visions of this act, in which affidavit the nature of such violation and the facts with reference thereto shall be District stated, it shall be the duty of the district attorney to attorney forthwith investigate and prosecute the same. prosecute. CITY ELECTIONS. Sec. 20. The registration committees for the pre- committee cincts respectively of each city, city and county, and p®'"^®"^ ^™® town within the provisions of this act shall perform like ^i" ctjons as ^n duties at like times before any city election, and in like oi;her elections. manner as in the case of other elections, in every respect conforming to this act and the provisions thereof in mak- ing registrations for such city election and acting as judges thereof in the respective precincts upon the day of such city election. TEMPORARY REGISTRATION COMMITTEE. Sec. 21. In all counties in which any special or Appointed for other election may be held for county or city officers in elections before any city or county within the provisions of this act prior -^^^y- ^^• to the first Tuesday in July, 1906, there shall be a tem- porary registration committee appointed to act until said first Tuesday in July, 1906; such temporary registration committee shall be appointed- in the same manner as the How appointed. registration committee provided for by this act, having all the rights, duties and powers of such registration com- Rights and mittee, and making the registration of voters under the^^uties. provisions of this act, for any such election, in the same Appointment manner as provided for by this act for elections ; Pro- must be two vided. The time of appointment of such committee shall months before be two months before any such election, and the time of ®^®^®^' 218 ELECTIONS. [Ch. 100. Need not be residents of precinct. Right to appoint alternate. Not to exceed two watchers In pollinsr place. Judges must protect watchers. Interference and intimidation^ Felony. submitting names by the county chairman [chairmen] to the county clerk, as provided herein, shall be at least two weeks before the appointment of such committees, and the time of performance of all acts and duties of such temporary registration committee shall be a like time before such election as herein provided to be per- formed by the registration committee before any other election. . WATCHERS AND CHALLENGERS. Sec. 22. Watchers and challengers shall be allowed at any election as now provided for by law; Provided, however, That such watchers or challengers need not be residents of the precinct. Each challenger or watcher shall have the right at any time to appoint an alternate to take his place, with all the rights and duties of such watcher or challenger, to act during such time as such watcher or challenger may be absent from such precinct, and not to exceed t\vo persons designated by such watcher or challenger may remain in or about the polling place during the counting of the vote and certifying the re- turns ; and it shall be the duty of the judges of such pre- cinct to protect such watchers and challengers in all the rights guaranteed them by the statutes of this State. Any watcher or challenger who shall, without a sufficient cause, raise any unseemly disturbance ' at such polling place, or unlawfully attempt to intimidate or interfere with any judge or judges or other person having the right to be in or about such polling place, or any judge or judges of election or other persons who shall unlawfully intimidate, threaten, or otherwise unlawfully interfere with such watchers or challengers shall be guilty of a felony, and subject to the penalties provided by section 18 of this act. Complaint— where filed by- district attorney. Complaint verified. SPECIAL PROSECUTION OF ELECTION CASES. Sec. 23. In order that all such cases may be prose- cuted speedily and impartially, the district attorney is hereby authorized and empowered to file a complaint in the District Court, or, in case such offense is a misde- meanor, in the County Court of the county where the offense is committed, charging any person or persons with a violation of this act. The complaint shall be verified. Ch. 100.] ELECTIONS. 219 It shall be the duty of the court to issue process in such case forthwith as in other criminal cases, and it shall be the duty of the district attorney and the court to proceed without delay to a speedy hearing and trial of such speedy trial. cause, and to this end the same may have pre'cedence over all other causes then pending in such court. LAW TO EXTEND TO CITY AND COUNTY OF DENVER. Sec. 24. This act, and every part thereof, as to the Act extends to election of all State, congressional, district, county, city what elections. or municipal officers to be voted for at any election shall apply to all cities and municipalities within the pro- visions hereof, whether organized, established or created by any direct constitutional provision, or pursuant to statutory enactment, or other power or authority, and it is the express purpose of this act that it apply to elec- Especially to tions in the City and County of Denver, notwithstanding c"y and county anything now or hereafter in the charter of said city and ^' ^^^v^- county to the contrary. REPEALING CLAUSE. Sec. 25. All acts and parts of acts inconsistent with Repeal. the provisions of this act, as well as all penalties there- under, are hereby repealed; Provided, Nothing herein shall be construed as a repeal of any act concerning regis- * tration and its application to elections in election pre- cincts not included within the limits of cities of the classes and population mentioned in section 1 of this act. Sec. 26. In the opinion of the General Assembly an Emergrency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 5, 1905. 220 ELECTIONS. [Ch. 101. CHAPTER 101. ELECTIONS. VOTING MACHINES. (H. B. No. 814, by Mr. Frewen.) AN ACT TO AUTHORIZE THE USE OF VOTING MACHINES AT ELEC- TIONS HEREAFTER TO BE HELD IN THIS STATE, OR IN ANY SUB-DIVISION THEREOF, AND PROVIDING THAT THE VOTES CAST AT ANY SUCH ELECTIONS MAY BE REGIS- TERED OR RECORDED AND COUNTED AND THE RESULT OF SUCH ELECTIONS ASCERTAINED BY SUCH MACHINES. May be used In all elections. Be it Enacted by the General Assembly of the State of Colorado : Section 1. In all elections hereafter held in this State for presidential electors and members of congress, or either of them, and in all State, county, city and county and town elections, and in all other elections hereafter to be held in this State or in any political divi- sion thereof, for any purpose whatever, voting machines may be used; and at any and all such elections the vote or ballot may be had and taken and the votes cast thereat registered or recorded and counted^ and the result of such election or elections ascertained by voting machines instead of in the mode and manner now established by law; Provided, That the use of said niachines at any such election or elections shall be subject to the re- quirements, provisions, terms and conditions of this act hereinafter contained. Governor Sec. 2. Within thirty days after this act shall take appoint state effect and be in force the Governor shall appoint three Board of Voting persons who shall constitute "the State Board of Vot- ciTmmiMioners ^^^ Machine Commissioners,'' sho [who] shall be sworn to perform their duties faithfully; the members of said Term. board shall hold oflBce for the term of five years; their successors shall be appointed by the Governor for terms Proviso. Ch. 101.] ELECTIONS. 221 of five years; any vacancy occurring in said board by vacancy, death, resignation or otherwise, shall be filled by the Oovernor for the unexpired term only; any member of said board may be removed at the pleasure of the Gov- ^®™'^^^- •ernor; no member of said board shall have a;ny pecuniary interest, directly or indirectly, in any voting machine; •at least two of said board shall be master mechanics or Qualifications. graduates of a school of mechanical engineering, one to one from each be appointed from each of the two political parties which p^^^^^^^ party. shall have received the highest number of votes at the -election held for the office of Governor of the State next preceding the date of such appointments. Sec. 3. Any person, company or corporation own- Application to ing any voting machine may apply to the State Board of ^e^machine.^™ Voting Machine Commissioners to examine such ma- chine and report on its compliance with the require- ments of the law and its accuracy, efficiency and ca- pacity to register the will of voters; upon such applica- tion the said board shall examine such machine and make report whether, in its opinion or in the opinion Board examine of any two of the members thereof, the kind of machine so ^^ report. examined complies with the requirements of this act and can safely be used at elections to be held in this State under the conditions prescribed by this act, the report of said board on said machine, signed by the members thereof, or any two of them, and all exhibits, drawings, photographs, descriptions, et cetera, filed in con- Report filed nection with and identifying said machine so examined, ^^^^^^^^^^^^^^ shall be filed in the ofBce of the Secretary of State ^ within ten days, and shall be a public record; if the report of the board, or any two members thereof, be that machines of the kind examined can be used, such kind of machines shall be deemed to be approved by the Favorable board, and its use as herein provided shall be authorized report a,t any such election as aforesaid to be held in this State ^"^^'^®^ ^^®- or any civil division thereof; any kind of voting machine not so approved by said board shall not be used at any election; the examination herein provided for shall not be required of each individual machine, but only of each particular kind of machine before its adoption, use or Machines not purchase, as herein provided; when the machine has been approved not so approved, any improvement or change that does not^ ^^ ^'^^• impair its accuracy, efficiency or capacity shall not ren- improvements. der necessary a re-examination or re-approval thereof. 222 ELECTIONS. [Ch. 101. Examinations in public- notice. Applicant deposit 1800 for fees. Compensation of Board. Construction of machine. Insure secrecy. Not disclose votes. Provide for seven parties and each candidate. Straight ticket. Vote parts of several tickets. Prevent votlng- when. Seven "yes" and "no" counters. To correctly regrlster every vote. All examinations shall be in public; sufficient notice shall be given to such interested persons as shall file with the commission a notice of their desire to attend such examinations. r^ec. 4. Any person, company or corporation ap- plying to have any voting machine examined shall de- posit with the secretary of said board the sum of three hundred dollars as the fee of said board; except as herein provided, the members of said board shall not receive any compensation or remuneration for their services. Sec. 5. No voting machine shall be approved by the board of voting machine commissioners unless it shall be so constructed as to insure every voter an op- portunity to vote in secrecy; that it can be closed dur- ing the progress of the voting so that no person can see or know the number of votes registered for any candidate or for whom the elector has voted; that each machine shall be so constructed as to provide facilities for voting for the candidates of at least seven parties or organizations with a separate voting device and coun- ter for each candidate thereof; that a straight party ticket can be voted by the operation of a single devjce; that the voter may vote for a part of one party ticket, and a part of one or more other party tickets; that a voter can not vote for a candidate or on a question for whom or on which he is not lawfully entitled to vote; that the voter will be prevented from casting more than one vote for any candidate, or voting for more than one person for the same office, unless he is lawfully en- titled to vote for more than one person therefor, and in that event permits him to vote for as many persons for that office as he is by law entitled to vote for, and no more, but all votes for nominated candidates for such offices, shall be cast and counted in the same manner as for all other nominated candidates, except as herein- after provided for presidential electors; that the ma- chine will be provided with at least seven pairs of "Yes" and "No" counters for voting on questions, with the operating or voting devices therefor; that such machine will correctly register, by means of mechanical counters, having registering wheels, every vote cast for candidates whose names are printed on the ballot labels or for questions; that the names of the candidates for presi- Ch. 101.] ELECTIONS. 223 dential electors shall not occur on the ballot labels, but presidential in lieu thereof, one ballot in each party column, or row, electors— baiiot shall contain only the words ^'Presidential Electors" i)re- ^°^- ceded by the party name, and the names of the can- didates for President and Vice-President, and every vote registered for such ballot shall operate as a vote for all candidates of such party for presidential electors, and be counted as such, but it shall provide means for vot- ^p"^ ticket for. ing a split or irregular ticket for presidential electors; that any voter can by means of irregular ballots vote a written or printed ballot of his own selection for any person for any oflSce, although such person may not vote for have been nominated by any party, but such irregular person not balloting device or devices shall not be used for voting i^on^^nated. for any regularly nominated candidates, except for presidential electors, as herein provided; that a voter Permit voting may readily understand how to vote, and within the ^^ ^^^ minute. period of one minute cast his vote for all the candidates of his choice, and that he can change his vote for any changing vote, regularly nominated candidate up to the time he starts to leave the machine. All voting machines shall have Arrangement their voting devices for the individual candidates ar- °' devices. ranged in separate parallel party lines, one line for each party, and in parallel oflSce rows, transverse thereto; each machine must be provided with a lock or Locks and keys. locks, the keys of which can not be interchangeably used, and by the locking of which any movement of the operating mechanism can be prevented, so that it can not be tampered with or manipulated for any fraudu- Prevent lent purpose; and that the doors of the compartment «'™p®'^8r. containing the registering mechanism can be locked so Not disclose that no person can see or know the number of votes number of registered for any candidate; there shall be a counter, ^°^®^j^^^^ ^"^ the registering face of which can be seen at all times from the outside of the machine, which will show during visible regis- the election the total number of voters that have oper-ter showing ated the machine at that election ; there shall be a regis- ^^^^^ voters, tering lock, or a counter which can not be reset and will lock by the part that operates it, and will count up to Registering a million ; such lock or counter shall be known as a ^°°^ protective lock, or a protective counter, and shall be so constructed that the numbers on the 16ck will be changed or the number on the counter shall be advanced one every time the machine is operated. With each 224 I2LEGTI0NS. [Ch. lOL Model for Instruction of voters. Any approved machine may be adopted and used. Different machines for different precincts. Voting places to be supplied. Payment for machines by issuing bonds. Limit ten years Not less than par. voting machine there shall be provided by the makers a working model for instruction of voters, which shall represent at least five office lines for two party rows, and the devices for voting for two questions, and shall correspond to the equivalent parts on the face of the voting machine, and the operation of the model shall be the same in outward appearance as the operation of the machine. Sec. 6. The governing body of any county, city, city and county, or town op other political division may adopt for use at elections any kind of voting machine approved by the State Board of Voting Machine Com- missioners; and thereupon such voting machine may be used at any or all elections held in such county, city, city and county, town or other political division, or in any part thereof for voting, registering and counting votes cast at such elections; different voting machines may be adopted for different voting districts or precincts in the same county, city, city and county or town, or other political division. Said governing bodies adopt- ing a voting machine, shall, as soon as practicable there- after, provide for each polling place one or more voting machines in complete working order; and if it shall be impracticable to supply each and every election district or precinct with a voting machine or voting ma- chines at any election following such adoption as many may be supplied or as it is practicable to procure, and the same may be used in such election districts or precincts as they may direct. The governing body of any county, city, city and county or town, including the City and County of Denver, and any city, city and county or town which may be gov- erned by the provisions of special charter, adopting and purchasing a voting machine, or voting machines, may provide for the payment therefor by the issuance of interest-bearing bonds, certificates of indebtedness, or other obligation, which shall be a charge upon such county, city, city and county, or town; such bonds, cer- tificates or other obligations may be made payable at such time, or times, not exceeding ten years from the date of issue, as may be determined, but shall not be issued or sold at less than par. Sec. 7. The Secretary of State shall prescribe rules and regulations in addition to those contained in this Ch. 101.] ELECTIONS. 225 act, regarding the care of voting machines by the local secretary of authorities which shall govern the conduct of the elec- state prescribe tion judges, clerks and voters in the use of such voting ^"^^^^^^j^^^^^® machines during elections; and for printing ballots and return sheets, and for making returns thereof; and shall For printing prepare and furnish all necessary instructions for the ballots. use of such voting machines. All printed instructions prepare how to vote to be distributed to voters shall conform instructions. to instructions approved by the Secretary of State, and it shall be unlawful for any person or persons to print Misleading or circulate misleading instructions regarding the instructions. method of voting. Sec. 8. Any governing body providing voting ma- preservation chines for use in elections shall preserve and keep them of machines. in good order; and for the purpose of prepiaring naa- p^. ^^^^^ chines for election, shall employ one or niore com- for use. petent persons, machinists if possible, and shall pay them for such time as they shall be engaged in such duties j they shall, in addition to such duties, instruct the elec- instructions to tioh officers in the use of the machines; such governing election officers body shall also provide for the giving of such instruc- and voters, tions for their use to voters as in their judgment shall be necessary. Sec. 9. For any election in any political division Election within the State, in which voting machines are to be precincts used, the election districts or precincts in which such formed. machines are to be used may be created by the officers charged with the duty of creating election districts or precincts, so as to contain as near as may be six hundred contain eoo voters each, based upon the last preceding general elec- voters each. tions. Such re-districting or re-division may be made at ^ re-district any time not less than sixty days preceding any election gi^ty days and when so made shall take effect immediately. before election. Sec. 10. All persons appointed in pursuance of this Appointees act shall be sworn to perform their duties faithfully and sworn. honestly and for the purposes of this act shall be allowed the same freedom of the election rooms as are officers of election. Sec. 11. The governing body of any county, city. Experimental city and county, or town or other political division, may use without provide for the experimental use at any election or elec- validity"" tions, in one or more election districts or precincts, of 226 BLBC5TI0NS. [Ch. 101. RaUinfiT. Location of machine in roora. One voter at a time. Secrecy of vote. Voter allowed one minute. Removal. Assistance to voter unable to read English or use machine. any machine which it might lawfully adopt, without a formal adoption thereof, and its use at such election shall be as valid for all purposes, as if it had been law fully adopted. Sec. 12. The room in which the election is held shall have a railing separating the part of the room occupied by the judges and clerks of election from that part of the room occupied by the voting machine. The exterior of the voting machine and every part of the polling place shall be in plain view of the election officers. The vot- ing machine shall be placed at least three feet from every wall and partition of the polling place, and at least four feet from any election officer or table used by them, and it shall be so placed that no person on the opposite side of the railing can see or determine from the outside of the room how the voter casts his vote. After the opening of the polls, the election judges shall allow no person to pass within the railing to the part of the room where the machine is situated except for the purpose of voting, except as is provided in the next succeeding section of this act; and they shall not permit more than one voter at a time to be in such part of the room. They shall not themselves remain, or permit any other person to remain in any position, or near any position that would permit one to see or ascertain how a voter votes, or how he has voted. No voter shall re- main within the voting booth or compartment longer than one minute, and if any voter shall refuse to leave after the lapse of that time, he shall at once be removed by the election officers, or upon their order. Sec. 13. Any voter who may declare upon oath that he can not read the English language, or that by reason of physical disability he is unable to use the vot- ing machine, shall, upon request, be assisted by two of the election officers of different parties to be selected from the judges and clerks of the precinct in which they are to act, to be designated by the judges of election at the opening of the polls. Such officers, in the voter^s presence and in the presence of each other, shall register his vote upon the machine for the candidates of his choice, and shall thereafter give no information regard- ing the same. The clerks of election shall enter upon the poll list after the name of any elector who received such assistance in registering his vote, a memorandum Ch. 101.] ELECTIONS. 227 of the fact. Intoxication shall not be regarded as a intoxicated physical disability, and no intoxicated person shall be person not entitled to assistance in registering his vote. entitled to £LSSlst8«nC6> Sec. 14. In case any elector after entering the instructions voting machine booth shall ask for further instruction asked by voter concerning the manner of voting, two judges of opposite -i^^^^^s give. political parties shall give such instructions to him; but no judge or other election officer, or person assisting an officer not elector shall in any manner request, suggest or seek to suggest who to persuade, or induce any such elector to vote any par- ^°^® '^''• ticular ticket, or for any particular candidate, or for or against any particular amendment, question or proposi- tion. After receiving such instructions, such elector shall vote as in the case of an unassisted voter. Sec. 15. That portion of cardboard, paper or other Baiiot labei. material, placed on the front of the machine and con- taining the names of the candidates, or a statement of the proposed constitutional amendment or other question or proposition to be voted on, shall be known in this act as a ballot label. The ballot label shall be supplied by By whom the official or officials charged by law with providing famished, material for the holding of an election or elections, and shall be printed in black ink on clear white material' of such size as will fit the machine, and in plain, clear type, as large as the space will reasonably permit. The party Party name. name or other designation shall be prefixed to the list of candidates of such party. The order of the lists of candidates of the several parties shall be arranged as is Arrangement now provided by law, except that the lists may be placed ^^ "^^^ °^ in horizontal rows or vertical columns, which parties ^^™®^- may, if desired, be divided into parallel and contiguous rows or columns. Sec. 16. The officers or board charged with the sample baiiot duty of providing ballots and ballot labels for any poll- i^beis for ing place shall provide therefor two sample ballot labels, f^^"^tion which shall be arranged in the form of a diagram, show- ^^^^ ing the entire front of the voting machine as it will ap- pear after the official ballot labels are arranged for vot- ing on election day. Such sample ballot labels shali.be displayed for public inspection at such polling place during the day preceding election day. Sec. 17. Four sets of ballot labels for use in the Four sets of voting machine shall be provided for each polling place ballot labels. 228 ELECTIONS. [Ch. 101. Preparation and delivery of machines. Judgres and clerks inspect machine before election day. On election morningr. Irregular ballots. At close of polls machine opened. for each election by the officer or officers now charged by law with the duty of furnishing such election pre- cincts with ballots. In such manner shall be furnished also, all other necessary material for the use of the voting machines. The same officer or officers shall, be- fore the day of election, cause the proper ballot labels to be put upon each machine corresponding with the sample ballot labels herein provided for, and the ma- chine in every way to be put in order, set and adjusted, ready for use in voting when delivered at the precinct. And the same officer or officers, shall cause the machine so labeled in order, set and adjusted, to be delivered at the voting precinct, together with all necessary furni- ture and appliances that go with the same, in the room where the election is to be held in the precinct, not later than 6 o'clock p. m. of the day preceding the elec- tion. After the delivery of the machine, and on the same day, the judges and clerks of election of the pre- cinct may meet at said room, open the package. contain- ing the sample ballots, and if necessary the ballot labels, and see that the machine is correctly labeled, set and ad- justed, ready for use in voting; and if the same is not so labeled, set and adjusted and in order, they shall cause it to be done. On the morning of the election, the elec- tion officers shall meet in the said room at least one hour before the time for opening the polls. They shall see that the sample ballot labels and instruction cards are posted properly, and everything put in readiness for the voting at the hour of opening the polls. The of- ficers shall compare ballot labels on the machine with the sample ballots, see that they are correct, examine and see that all the counters in the machine are set at naught or zero (0), and that the machine is otherwise in perfect order, and they shall not thereafter permit the counters to be operated or moved except by electors in voting, and they shall also see that all necessary ar- rangements and adjustments are made for voting ir- regular ballots on the machine. Sec. 18. Ballots voted for any person whose name does not appear on the ballot label on the machine as a candidate, are herein referred to as irregular ballots. Sec. 19. As soon as the polls are closed, the voting machine shall be locked against voting, and the count- ing compartment opened in the presence of all the judge? Ch. 101.] ELECTIONS. 229 and clerks of election, and all other persons who may be lawfully within the room, giving full view of the numbers announcing the votes cast for each candidate, and for and against the various constitutional amend- ments, questions or other propositions. Sec. 20. The election oflBcers shall then ascertain Announcing: the number of votes which the candidates have received vote as shown both on the machine and by the voting of irregular bal- ^^ machine. lots, if any, and one of the judges shall publicly announce in a distinct voice the total vote for each candidate thus ascertained in the order of the offices as their titles are arranged on the ballot label. He shall then announce in the same manner the vote on each constitutional amend- ment, proposition or other question. Before leaving the officers make room and before closing and locking the counting com- returns, partment, the election officers shall make and sign writ- ten statements or returns of such election, as now re- quired by law. When irregular ballots have been voted, irregular they shall be returned, preserved and finally destroyed ^^"°^s- as is now provided by law in the case of other election ballots. The written statements or returns so made, after having been properly signed, shall be distinctly and clearly read in the hearing of all persons present, and comparing ample opportunity shall be given to compare the results officers' returns so certified with the counter dials of the machine. After ^^^ machine. such comparison and correction, if any is made, the elec- tion officers shall then close the counting compartment and lock the same. Thereafter the machine shall re- Machine locked main locked for a period of at least ninety days, unless ^^r ninety days. otherwise ordered by a court of competent jurisdiction. And said counting compartment shall be allowed to re- main open for the inspection of all watchers and such open for electors of the precinct as shall desire to inspect the inspection for same, for a period of at least one hour after the polls ^^^ ^°"^* are closed, provided such inspection shall not be per- mitted to interfere with the election officials in taking off and recording the votes indicated on the counters. Sec. 21. When the machine is locked at the close Keys returned of an election in the manner required by this act, the^^^^ election judges shall place all keys of the machine on a single ^ piece of flexible wire; unite the ends of such wire in a firm knot, label the same with the make and number of the machine and the precinct at which it was used at , returns. 230 ELECTIONS. LCh. 101. Election laws apply. Tampering with machine- duplicate keys. Felony. Penalty. Election laws apply. Conflicting laws not apply. Act in force Dec. 30, 1906, if Constitutional Amendment adopted. such election, and return such keys along with the writ- ten statements or returns of such election. Sec. 22. The provisions of the penal statutes and of the election laws relating to miscQuduct at elections shall apply to elections with voting machines. Any per- son who shall before or during an election tamper with any voting machine, or who shall interfere or attempt to interfere with the correct operation of the voting ma- chine, or the secrecy of voting; or who shall wilfully injure a voting machine to prevent its use; or any elec- tion or police officer, or anyone employed to assist in the care or arrangement of the voting machine, who shall permit any person to violate the secrecy of the voting, or to interfere in any way with the correct operation of the voting machine; or any unauthorized person who shall make a duplicate or have in his possession a key to a voting machine that has been adopted and will be used in elections in this State shall be guilty of a felony, punishable by imprisonment in a State prison for not less than one year nor more than five years. Sec. 23. All the provisions of the election law, not inconsistent with this act, shall apply to all elections held in the election districts or precincts where such voting machines are used. Any provisions of law which conflict with the use of such machine or machines as herein set forth, shall not apply to the precinct or pre- cincts in which an election is conducted by the use of such machine or machines. Sec. 24. This act shall take effect and be in force on and after the Thirtieth day of December, A. D. 1906, only in the event that the constitutional amendment of section 8 of article 7, providing that "all elections by the people shall be by secret ballot" and that nothing in the said section as amended "shall be construed to pre- vent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election, provided that secrecy in voting be preserved," submitted and proposed by the Fifteenth General Assembly, shall be adopted by the people at the general election to be held in November, 1906, but not otherwise. Approved April 10, 1905. Ch. 102.1 EXPLOSIVES AND FIREWORKS. 231 CHAPTER 102. EXPLOSIVES AND FIREWORKS. (H. B. No. 152, by Mr. Cannon.) AN ACT TO PREVENT THE SALE OF DANGEROUS EXPLOSIVES AND TO REGULATE THE USE OF FIREWORKS. Be it Enacted by the General Assembly of the State of Colorado: Section 1. It shall be unlawful for any person, per- unlawful sons, firm, association, company or corporation to buy,tohavein sell, trade in, give away, keep in stock or have in pos- possession session any toy pistols or explosive canes or other like explosives. contrivances to be carried or held in the hand for the explosion, ignition or detonation by percussion, or con- cussion of so-called caps, cartridges or other like con- trivances containing fulminate, dynamite, nitroglycerine or other similar explosive, or any toy cannon for the ex- Toy cannons, plosion of gunpowder or other explosive material or any caps, or caps, cartridges or other such contrivances not in the^^®^ amusement nature of ammunition and to be exploded for sport or g^^piQgj^gg amusement by percussion or concussion containing ful- minate, dynamite, nitro-glycerine or other similar ex- plosive. Sec. 2. It shall be the duty of the police authorities when fireworks of any municipal corporation to regulate the time, place ™ay ^® and other conditions under which fireworks may be set ®®^ ^^' off or ignited. Sec. 3. Any person violating any of the provisions Penalty. of this act shall, upon conviction, be fined not less than ten dollars nor more than two hundred dollars or be im- prisoned in the county jail not less than ten days nor more than ninety days, or both, for each offense. Sec. 4. Whereas in the opinion of the General As- Emergency. sembly an emergency exists; therefore this act shall be in force from and after its passage. Approved A.pril 11, 1905. 232 FISH. [Ch. 103. CHAPTER 103. Appropriation. Superin- tendent's residence. Supervision of building. Auditor draw warrant. Emergency. FISH. DURANGO HATCHERY— SUPERINTENDENT'S RESIDENCE. (H. B. No. 222, by Mr. McEwen.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF ADDITIONAL IM- PROVEMENTS AT THE FISH HATCHERY LOCATED AT DURANGO, COLORADO. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of any funds in the State Treasury not otherwise appro- priated, the sum of fifteen hundred dollars (f 1,500) for the erection of a residence for the superintendent of the fish hatchery at Durango, Colorado, said building to be built under the supervision of the State Game and Fish Commissioner, and upon the presentation of his certifi- cate that the building is completed in accordance with the plans and specifications, it is the duty of the Auditor of State to draw a warrant in favor of the contractor for the payment of the same, not to exceed the sum of fifteen hundred dollars ($1,500). ' Sec. 2. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. Ch. 104.] FISH. 233 CHAPTER 104. FISH. HATCHERY— DEL NORTE. (H. B. No. 7, by Mr. Breckenrldge.) AN ACT TO PROVIDE FOR.THE PURCHASE OF A SITE AND THE ESTAB- LISHMENT AND MAINTENANCE OF A STATE FISH HATCH- ERY IN THE COUNTY OF RIO GRANDE, AND MAKING AN APPROPRIATION THEREFOR. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation. money in the State Treasury not otherwise appropriated, the sum of five thousand (f5,000) dollars for the pur- pose of purchasing a site for a branch State fish hatch- Purchasing site ery at a point near the Town of Del Norte and on the near Dei Norte. north side of the Rio Grande River, Section 19, town- ship 40 north, range 6 east, at a point to be selected by the Fish Commissioner of the State of Colorado, and Erection and to pay for the erection and stocking of said hatchery. stocking. Sec. 2. The State Fish Commissioners shall, within commissioner sixty days after this act shall take effect, select a site ^^^^^^ ^^^^ ^<^^- for said hatchery, and when constructed said hatchery'^ ^^^^ ^^®" shall be known as the Del Norte Hatchery. Name. Sec. 3. Said hatchery shall be constructed as soon construction. as practicable after the selection of said site, and shall be constructed under the supervision of the State Fish Commissioner. Sec. 4. The State Auditor is hereby authorized to Auditor draw draw warrants against said appropriation upon vouchers warrants on presented by the State Fish Commissioner and approved vouchers by the Giovernor. Sec. 5. In the opinion of the General Assembly Emergency. an emergency exists; therefor, this act shall take effect and be in force from and after its passage. Approved March 25, 1905. 234 PISH. [Ch. 105. CHAPTER 105. FISH. HATCHERY— GLENWOOD. (S. B. No. 52, by Senator Taylor.) Appropriation. Purchase site in Garfield county. Erection and stocking. Commissioners select site with- in ninety days. Cost of site. Construction hatchery. Name. Cost of con- struction. of AN ACT TO PROVIDE FOR THE PURCHASE OF A SITE AND THE ESTAB- LISHMENT OF A STATE FISH HATCHERY IN GARFIELD COUNTY, AND MAKING AN APPROPRIATION THEREFOR. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated, out of any money in the State Treasury, not otherwise appro- priated, the sum of three thousand dollars for the pur- pose of purchasing a site for a State fish hatchery in Garfield County, to be selected by the State Game and Fish Commissioner, and for the erection and stocking of said hatchery. Sec. 2. That said Fish and Game Commissioner ■ shall, within ninety days after this act shall take effect, select a suitable site for said hatchery at or near the Town of Glenwood Springs, in said Garfield County, which site shall not cost the State to exceed the sum of five hundred dollars, and said hatchery shall be con- structed as soon thereafter as practicable, under the su- pervision of the said Game and Fish Commissioner and the Superintendent of State Fish Hatcheries, or such competent deputy or deputies as they may designate, and according to the plans adopted by said commissioner and superintendent; and when constructed, said hatch- ery shall be known and designated as "The Glenwood Hatchery." Sec. 3. That the site shall be purchased and said hatchery constructed at a cost not to exceed the sum hereby appropriated, and if any greater sum of money is Ch. 106.] FISH. 235 required, the additional amount shall be furnished by Garfield County or its citizens. Sec. 4. Said hatchery shall be in charge of an as- in charge of sistant superintendent, to be appointed as is now orass^st^-nt may hereafter be provided by law, who shall receive as ^^p®^^®"®**** his salary for such services the sum of nine hundred dollars per annum; and the further sum of eighteen hun- salary, dred dollars, or so much thereof as may be necessary, is hereby appropriated out of any funds in the State Treas- ury, not otherwise appropriated, for the purpose of pay- ing the salary of said assistant for the next two years. Sec. 5. The State Auditor is hereby authorized and Auditor draw directed to draw warrants against said appropriations warrants, upon presentation of vouchers therefor by the said State Game and Fish Commissioner, approved by the Governor. Sec. 6. In the opinion of the General Assembly an Emersrency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. CHAPTER 106. FISH. HATCHERY— GRAND COUNTY. (H. B. No. 169, by Mr. Miller.) AN ACT TO PROVIDE FOR THE PURCHASE OF A SITE AND THE ESTAB- LISHMENT AND MAINTENANCE OF A STATE FISH HATCH- ERY IN THE COUNTY OF GRAND, AND MAKING AN APPRO- PRIATION THEREFOR. Be it Enacted ty the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of Appropriation. any money in the State Treasury not otherwise appro- priated the sum of three thousand dollars for the pur- pose of purchasing a site for a branch Stnte fish hatchery 236 FISH. [Ch. 106. Site selected by Fish Commissioner. Erection and stocking. Name. Cost not to exceed appropriation. Supervision of construction. Charge of hatchery. Salary of assistant. Appropriation for salary. Auditor draw warrants. in the County of Grand, to be selected by the State Fish Commissioner, or by the oflScer who shall discharge the duties heretofore discharged by the State Fish Commis- sioner, and for the erection and* stocking of said hatchery. Sec. 2. Such hatchery shall be designated as Grand Count:^' Hatchery. Sec. 3. Said hatchery shall be constructed as soon as practicable after the selection of said site by the said fish commissioner, and shall in no event be built at a greater cost than the sum hereby appropriated. • Sec. 4. Said construction shall be done under the supervision of the fish commissioner or one of his depu- ties, according to the plans adopted by the fish com- missioner. Sec. 5. Said hatchery shall be in charge of one assistant to be appointed as is now, or may hereafter be provided by law, who shall receive as his salary for his services the sum of nine hundred dollars per annum. Sec. 6. The sum of eighteen hundred dollars is hereby further appropriated out of any funds not hereto- fore appropriated for the purpose of paying the salary of said assistant for the next two years. Sec. 7. The State Auditor is hereby authorized to draw warrants against said appropriations upon pre- sentation of vouchers therefor by the State Fish Commis- sioner, approved by the Governor. Approved April 10, 1905. Ch. 107.] FLAGS. 237 CHAPTER T07. FLAGS. DESECRATION. (H. B. No. 29, by Mr. Keezer.) AN ACT TO PREVENT AND PUNISH THE DESECRATION, MUTILATION OR IMPROPER USE OF THE FLAG OF THE UNITED STATES OF AMERICA. Be it Enacted by the General Assembly of the State of Colorado: » Section 1. Any person, who in any manner, for exhi- Advertisement bition or display, shall after this act takes effect, place on united or cause to be placed, any word, figure, mark, picture, states ar state design, drawing, or any advertisement, of any nature, ^^^• upon any flag, standard, color or ensign of the United States or State flag of this State or ensign, or shall expose or cause to be exposed to public view any such flag, standard, color or ensign, upon which, after this act takes effect, shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, aflSxedy or annexed, any word, figure, mark, picture, design, or drawing, or any advertisement of any nature, or who shall, after the first day of September, 1905, expose to public view, manufacture, sell, expose for sale, give away, j^^aign of flag or have in possession for sale, or to give away, or for use on package, for any purpose, any article, or substance, being an article of merchandise, or a receptacle of mer- chandise or article or thing for carrying or trans- porting merchandise, ijpon which after this act takes effect, shall have been printed, painted, attached, or otherwise placed, a representation of any such flag, stan- dard, color, or ensign, to advertise, call attention to, decorate, mark, or distinguish, the article, or substance, on which so placed, or who shall publicly mutilate, de- Mutilation face, defile, or defy, trample upon, or cast contempt, of flag. 238 FLAGS. [Ch. 107. Misdemeanor either by words or act, upon any such flag, standard, color, or ensign, shall be deemed guilty of a misdemeanor, Penalty. and shall be punished by a fine not exceeding one hun- dred dollars or by imprisonment for not more than thirty days, or both, in the discretion of the court; and shall also forfeit a penalty of fifty dollars for each such offense, to be recovered with costs in a civil action, or suit, in any court having jurisdiction, and such action or suit may be brought by and in the name of any citizen of this State, and such penalty when collected less the reason- able cost and expense of action, or suit and recovery to be certified by the district attorney of the county in which the offense is committed shall be paid into the Treasury of this State; and two or more penalties may be sued for and recovered in the same action or suit. Construction of The words, flag, standard, color or ensign, as used in this word "flag." subdivision or section, shall include any flag, standard, color, ensign, or any picture or representation, of either thereof, made of any substance, or represented on any substance, and of any size, evidently purporting to be, either of, said flag, standard, color or ensign, of the United States of America, or a picture or a representa- tion, of either thereof, upon which shall be shown the colors, the stars, and the stripes, in any number of either thereof, or by which the person seeihg the same, without deliberation may believe the same to represent the flag, colors, standard, or ensign, of the United States of America. The possession after this act takes effect, by any person, other than a public officer, as such, of any such flag, standard, color or ensign, on which shall be made any thing unlawful at any time by this section, or of any article or substance or thin [thing] on which shall be any thing made unlawful at any time by this section, shall be presumptive evidence that the same is in violation of this section, and was made, done or created after this act takes effect, and that such flag, standard, color, en- sign, or article, substance, or thing, did not exist when this act takes effect. j^gpgg^j^ Sec. 2. All acts or parts of acts inconsistent with this act are hereby repealed. Approved April 10, 1005 Possession of. Presumptive evidence. Oh. 108.] GAME— FISH. 239 CHAPTER 108. GAME— nSH. OPEN SEASONS. (H. B. No. 35, by Mr. Lehrritter.) AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AMEND CHAPTER XCVIII OF AN ACT OF THE TWELFTH GENERAL ASSEM- BLY OF THE STATE OF COLORADO, ENTITLED 'AN ACT TO PROTECT GAME AND FISH/ APPROVED APRIL 27, 1899," APPROVED APRIL 13, 1903. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That subdivisions numbered 1, 3, 5 and Amended. 7 of section 7 of division B of said act be amended so as to read as follows : (1) The open season for deer having horns shall be- Open season- gin September 25th and end October 10th of each yeari^e©'^- and for antelopes having horns, shall begin October 15 and end the 25th of the same month, commencing with the year 1907. (3) The open season for prairie chickens and grouse Prairie chickens shall begin September 1 and end October 20 next ensu- and grouse. ing. The open season for sage chickens shall begin Aug- ust 1 and end October 1. (5) The open season for doves shall begin August Doves. 1st. and end August 15th. (7) The open season for trout, not less than seven Trout, inches in length, and other fish, shall begin June 1 and, end October 31 next ensuing, and in no instance shall fishing be done between the hours of 10 :00 o'clock p. m. and 4 o'clock a. m. Provided, That the public shall have Proviso— Pub- the right to fish in any stream in this State stocked at "^ right. the public expense, subject to action and trespass for any damage done property along the bank of any such stream. Approved April 7, 1905. 240 GENERAL ASSEMBLY — EMPLOYES. [Ch. 109. CHAPTER 109. GENEBAL ASSEMBLY— EMPLOYES. (S. B. No. 145, by Senator Booth.) AN ACT CONCERNING THE EMPLOYES OF THE GENERAL ASSEMBLY. Be it Enacted hy the General Assembly of the State of Colorado: Qualifications Section 1. All clerks of the Senate, except the of employes of Reading Clerk, Bill Clerk, Docket Clerk, Chief and As- senate. sistant Printing Clerks, Clerk of Judiciary Committee must be competent stenographers and typewriters. . Qualifications Sec. 2. All clerks of the House of Representatives, of employes of except the Chief Clerk, Reading Clerk, Bill Clerk, Docket House. Clerk, Chief and Assistant Printing Clerks and Clerk of Judiciary Committee must be competent stenog- raphers and typewriters. Jiepeai. Sec. 3. All acts and parts of acts in conflict here- with are hereby repealed. Approved April 10, 1905. Oh. 110.] GIFT ENTERPRISES. 241 CHAPTER 110. GIFT ENTERPEISES. (S. B. No. 202, by Senator Clayton.) AN ACT CONCERNING GIFT ENTERPRISES, PROHIBITING THE SALE OR GIVING AWAY, RECEIPT OR EXCHANGE OF GIFT ENTERPRISE TICKETS, COUPONS, STAMPS, TRADING stamps; or other devices, and prescribing PENAL- TIES FOR THE VIOLATION OF THIS ACT. Beit Enacted ty the General Assembly of the State of Colorado: Section 1. It shall be unlawful for any person, per- unlawful to sons, partnership, association or corporation to engage in, engage in, or promote, aid, abet or patronize any gift enterprise of any^j^J^^^J J®^jJ^® nature, or for any purpose whatsoever, or to sell, give, re- enterprise. ceive, accept or exchange gift enterprise tickets, coupons, stamps, trading Stamps or other device. Sec. 2. The term "gift enterprise," as herein em-Seiungor ployed, shall include the selling, giving, presenting or dis- ^J^^^^^'^^J^^^^^^^ tributing by any person, persons, partnership, association exchanged for or corporation to any person, persons, partnership, asso- any undescribed elation or corporation, in consideration of a purchase by''"^^®- such person, persons, partnership, association or corpora- tion of any article of goods, wares or merchandise, of any ticket, coupon, stamp, trading stamp or other device, which entitles the recipient thereof to demand or receive from any person, persons, partnership, association or cor- poration, any article of goods, wares or merchandise, in- definite, undescribed, uncertain, undetermined or un- known to the purchaser at the time of the receipt and ac- ceptance of said ticket, coupon, stamp, trading stamp or other device. Purchaser Sec.^ 3. The term "gift enterprise" as herein em- accepting ticket ployed, shall include the receipt or acceptance by a p^r- J^^'^®^^^^"^^^ chaser of goods, wares or merchandise, from the vendor un^d^J^ribed thereof, in consideration of said purchase, of any ticket, article. 242 GIFT ENTEBPRISES. ICh. 110. Kxrhanglng goods f or tickets In consideraUoii of pnrcbase of other goods. Misdemeanor. Penalty. Emergency. coapOD, stamp, trading stamp or other device, which en- titles the purchaser to demand or receive in exchange therefor, any article of goods, wares or merchandise, in- definite, uncertain, nndescribed or unknown to the said purchaser, at the time of the receipt or acceptance of said ticket, coupon* stamp, trading stamp or other device. Sec. 4. The term *gift enterprise'' as herein em- ployed, shall include the exchanging of any article of goods, wares or merchandise for any tickets, coupons, stamps, trading stamps, or other devices, acquired by the holder thereof, in consideration of the purchase by him or her of any other article of goods, wares or merchandise; the nature or value of the goods, wares or merchandise to be so exchanged, being either indefinite or unknown to said purchaser at the time of the receipt and acceptance of said stamp in connection with said purchase. Sec. 5. Any person, persons, partnership, associa- tion or corporation, his or its agent, servant or employe, violating any of the provisions of the four preceding sec- tions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof be fined in the sum of not more than five hundred dollars, or be imprisoned in the county jail for a period of not more than six months. Sec. 0. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 20. 1905. Ch. 111.] IRRIGATION. 243 CHAPTER 111. lESIGATION. WATER DISTRICTS. (S. B. No. 356, by Senator Taylor.) AN ACT CONCERNING WATER DISTRICTS NOS. 39, 42 AND 70, IN THE STATE OF COLORADO. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. The boundaries of Water District No. 39 Boundaries of are hereby defined to include all the tributaries of Grand i^istrict No. 39. River on the north side thereof, from the mouth of the Roaring Fork River, westerly to the State line ; and shall consist of all lands lying in the State of Colorado, irri- gated by any and all such tributaries, excepting Roan Creek, and its tributaries, and all lands irrigated thereby ; and excepting also all lands lying in Mesa County. The said Water District No. 39 shall include only all the lands in Garfield County, above described, and which are not irrigated from Roan Creek or any of its tribu- taries. Sec. 2. That Water District No. 70 shall consist Boundaries of of all lands irrigated by water taken from Roan Creek ^^''^* ^°- ^®- and all its tributaries situated within the Counties of Garfield and Mesa, in this State, and also all lands in Mesa County situate north of Grand River and east of Roan Creek. Sec. 3. The boundaries of Water District No. 42 Boundaries of shall not be construed to include any land hereinabove District No. 42. embraced in either of said Water Districts, 39 or 70. Sec. 4. Said Water Districts Nos. 39 arid 70 shall be ^'^^^^''^^j'^^j^^^ and remain in Irrigation Division No. 5, and said Water jj^ 5. ^^ ^ ^^ District No. 42 shall be and remain in Irrigation Divi- Division No. 4. sion No. 4. 244 IBBI6ATION. [Ch. 112. Jurisdiction of courts over districts. Expenses of commissioner. Repeal. Emergrency. Sec. 5. The District Conrt of Garfield County shall retain and have jurisdiction over the adjudication of water rights and priorities in said Water Districts Nos. 39 and 70, and the District Court of Mesa County shall retain and have jurisdiction of water rights and priori- ties in said Water District No. 42. Sec. 6. All charges of the water commissioner and his deputies, that may be appointed for said Water Dis- trict No. 70, shall be borne equally between the Counties of Garfield and Mesa. Sec. 7. All acts and parts of acts in conflict here- with are to that extent hereby repealed. Sec. 8. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. CHAPTER 112. lEEIGATION. WATER RIGHTS— NOTICE. (S. B. No. 182, by Senator Taylor.) AN ACT IN RELATION TO NOTICE IN WATER RIGHT PROCEEDINGS. After decree entered no further publication required In Bubfiequent proceedings, unless. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That in all water right adjudication pro- ceedings brought under the statutes of this State for de- termining and decreeing priority rights to the use of water for irrigation or any other beneficial purpose, or for the transfer of an adjudicated water right, after a general decree has been entered in such water district, in pursuance of the statutory notice by publication and posting, as now required by law, no further publication or posting of such notice or any notice of such individual subsequent proceedings shall be required unless by order 1^ Ch. 112.] IRRIGATION. 245 of court upon good cause shown therefor; and in all such subsequent proceedings subsequent to the entry of such general de- ^^otice same as cree, written notice shall be given for such length of time gummons'or and be served upon the parties interested adversely in rule of court. such manner as is now or may hereafter be provided by law for the service of summons in other civil cases; or in such reasonable time and manner as may be fixed by rule of court; Provided, Such notice shall contain the Notice shaii date and amount of the priority right claimed in each^°"^^"- case, the source of supply from which same shall be taken, and in case of a transfer of a water right the notice shall contain a brief description of the water right sought to be transferred, the place and ditch, if any, from which and to which the change is desired, and which notice shall give the date that the hearing will be served 15 days had, and be served not less than fifteen days prior to the ^^°^ ^° hearing. date of such hearing; and which notice shall be dated signed by and may be signed and issued either by the attorney for attorney or the petitioner or by the clerk of the District Court. This °^®^^ act shall not be construed as a repeal of any of the stat- Existing utes now existing relative to notice in any water right statutes not proceedings; and in any proceeding for any of the P^r- J]^^®^j^^ poses herein set forth the petitioner may, at his election, '^^^^ proceed under this act, or under the statutes in force at choice of the time of the passage of this act. statute. Sec. 2. In the opinion of the General Assembly, an Emergency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. u» :jaj«jAT3'..V l«!L<Tei<_T!?L [Ch. 113. 0-.AI»TE3R 1l3u IXBIftAXUni IIEBTIICISl n, E. X'-f, ¥7. bj Mr. C3nrrcii.» AX ACT It^ RELATION TO IRRIGATION DISTRICTS. new dlnlHi^t, l'«iltlon for or- vanlxatfon. r!onUnU patttlon. of Be U Bmaded hy the General Ajuew^iily of the State of Colorado: HeetiOD 1. (Irrigation Digtriet.i Whenever a ma- jority' of the resident freeholders owning lands in any district desire to provide for the irrigation of the same they may propose the organization of an irrigation dis- trict under the provisions of this act, and when so organ- ized each district shall have the powers conferred or that may hereafter be conferred by law npon such irrigation district; Provided, That where ditches, canals or reser- voirs have been constructed before the passage of this act, such ditches, canals, reservoirs and franchises, and the lands watered thereby, shall be exempt from the operation of this law, except such district shall be formed to purchase, acquire, lease or rent such ditches, canals, reservoirs and their franchises. 8c»c. 2. (Petition.) For the purpose of the estab- lishment of an irrigation district as provided by this act, a petition shall be filed with the board of county com- mlHsioners of the county which embraces the largest acvoiif^e of the proposed district; said petition shall state that it is the purpose of petitioners to organize an irriga- tion dimtrict, under the provisions of this act; said pe- tition Hhall alHo contain a general description of the boiindarieH of such proposed district, the means proposed to supply water for the irrigation of the lands embraced thoroin, the name proposed ^for such district and shall H(»l(ct a committee of three of said petitioners to present such petition to the board of county commissioners as \|)rovi(led by law> praying that the said board define and ^ Ch. 113.] IRRIGATION DISTRICTS. 247 establish the boundaries of said proposed district and submit the question of the final organization of the same to the vote of the qualified electors resident within said proposed district; said petition shall be signed by a ma- signed by ma- jority of the resident freeholders within said proposed J<^^^y ^^ ^^^e- district, and who shall also be the owners in the aggre- ^^^^®''^- gate of a majority of the whole number of acres belong- ing to the resident freeholders within ths said proposed district. The said petition shall also be accompanied by A^ccompanied by a good and sufficient bond, to be approved by said board ^°'^^- of county commissioners in douT^le the amount of the probable cost of organizing such district, conditioned for the payment of all costs incurred in said proceedings in case said organization shall not be effected, but in case such district is so effected, then said expenses incurred by the board of county commissioners shall be paid back to said county by said district. Such petition shall be Publication of published for at least two weeks before the time at which petition and no- the same is to be presented, in some newspaper of general "^® ^^ naeeting. circulation printed and published in the county where said petition is to be presented, together with a notice signed by the committee of said petitioners selected by the petition for that purpose giving the time and place of the presentation of the same to said board of county commissioners. Sec. 3. (Presentation and Allowance of Petition.) when county When such petition is presented and it shall appear that commissioners the notice of the presentation of said petition has been ^f^^ bound- given as required by law, and that said petition has been signed by the requisite number of petitioners as required by this act, the commissioners shall then proceed to de- fine the boundaries of .said proposed district from said Exclusion and petition and from such applications for the exclusion of ^'iciusion of lands therefrom and the inclusion of lands therein as^^'^^^* may be made in accordance with the intent of this act; they may adjourn such examination from time to time Examination, not exceeding three weeks in all and shall by final order duly entered define and establish the boundaries of such proposed district; Provided, That said board shall not modify such proposed boundaries described in the pe- tition so as to change the objects of said petition or so Lands benefited, as to exempt from the operation of this act any land within the boundaries proposed by the petition suscept- ible to irrigation by the same system of water works 248 IRKIGATIOX DISTRICTS. rCh. 113. Lands not bene- fited. Lands admitted on application. PeUtion al- lowed, order entered. Boundaries established. Election called. Division of dis- trict. Board of Directors. Judgres of elec- tion. Denial of petition. Reasons of denial. Writ of manda- m ..^ i^^Kf — when from Dis- frict Court- applicable to other lands in such proposed district; nor shall any land which will not in the judgment of the board be benefited bj snch proposed system be included in snch district if the owner thereof shall make applica- tion at snch hearing to withdraw the same, Provided also. That contignons lands not included in said pro- posed district as described in the petition may upon ap- plication of the owner or owners be included in such district upon such hearing. When the boundaries of any proposed district shall have been examined and defined as aforesaid the county commissioners shall forthwith make an order allowing the prayer of said petition, defining and establishing the boundaries and designating the name of such proposed district. Thereupon the said commissioners shall by fur- ther order duly entered upon their record call an election of the qualified electors of .said district to be held for the purpose of determining whether such district shall be organized under the conditions of this act, and by such order shall submit the names of one or more persons from each of the three divisions of said district as here- inafter provided to be voted for as directors therein, and for the purposes of said election shall divide said district into three divisions as nearly equal in size as may be practicable and shall provide that a qualified elector of each of said three divisions shall be elected as a member of the board of directors of said district 'by the qualified electors of the whole district. Each of said divisions shall constitute an election precinct and three judges shall be appointed for each of such precincts, one of whom shall act as clerk of said election; Provided, That in the heariug of any such i)etition the board of county commissioners shall disregard any informality therein, and in case they deny the same or dismiss it for any reasons on account of the provisions of this act not hav- ing been complied with, which are the only reasons upon which they shall have a right to refuse or dismiss the same, they shall state their reasons in writing therefor in detail, which shall be entered upon their records and in case these reasons are not well founded, a writ of mandamus shall, upon proper application therefor, issue out of the District Court of said county, compelling them to act in compliance with t\|iis act. which writ shall be heard within twenty days from the date of its issuance. Ch. 113.] IRRIGATION DISTRICTS. 249 and which twenty days shall be excluded from the forty days given the commissioners herein to act upon said officers of petition. The officers of such district shall consist of^®^^* three directors, a secretary and treasurer. Sec. 4. (Notice — Election.) The board of county Notice of commissioners shall thereupon cause a notice embodying election. said orders in substance signed by the chairman of the board of county commissioners and the clerk of said board to be issued, given and published, giving public notice of said election, the time and places thereof, the matters submitted to the vote of the electors; said notice when and and order shall be published once a week for at least where pub- three weeks prior to such election in a newspaper of "®*®^ general circulation in said county, and if any portion of such proposed district lies within any other county or counties, then such order and notice shall be published in a newspaper of general circulation published within each of said counties. At said election and all elections Qualification of held under the provisions of this act, all persons who are electors. qualified electors within said proposed district and are resident freeholders and shall have paid a property tax in said proposed district during the year preceding such election shall be entitled to vote, and none others. The ballots to be used and cast at such election for the form- ation of such district shall be substantially as follows: "Irrigation District — Yes,'' or "Irrigation District — No," Form of or words equivalent thereto, and shall also contain the^^^^^- names of the persons to be voted for as members of the board of directors of said district ; each elector may vote for three directors, one from each division, and shall in- dicate his vote Jby placing a marginal cross upon the bal- lot for or against any question submitted or name voted upon and opposite thereto at any election held under this act. Sec. 5. (Same — Canvass of Votes — Proclamation.) canvass of The said board of county commissioners shall meet on votes. the second Monday next succeeding such election and proceed to canvass the votes cast thereat; and if, upon such canvass, it appears that at least a majority of said legal electors in said district have voted "Irrigation ^^^s-^^^^^.^^^^^^^ trict — ^Yes," the said board shall, by an order entered district ^organ- on their minutes, declare such territory duly organized ized and officers as an irrigation district, under the name and style there- elected. 250 IiaU^^ATluK WSTBltTS. [Ch. 113. Fiie order anfl When and m'here fUed. No otber dis- trfct fOTBied — except— Officers duties. Coa establish Sec- tion predncts. Appoint judcrea. R^rular elec- tion. Ofllcens take oath. Bonds of officers. tofore 6€si^:iuited. aiid shall ded&ne the persons receiy- ing. reBpec-tirelT. the hi^^test iminber <rf rotes for such serenl offices, to be dnij elected to soch office. Said board shall cause a cojit of such cinder, inclading a plat erf said district, dulx certified bx the clerk of the board of eonutx commissioners, to be immediJitdT filed for record in the oflS<^ of the county clok of each connty in wLh'L auT }<:»rTi(»n of su<^h lands are situated, and no board of county commissiiMiers of any county, inclading any portion of such district. shalL after the date of or- ganization of such district, allow anothra district to be formed, including any of the lands of such district without the consent of the board of directors thereof; and from and after the date of soch filing, the organiza- tion of such district shall be ccMuplete. and the officers thereof diall immediately enter upon the duties of their respectiTe offices, upon qualifying in accordance with law, and shall hold such offices. respectiTely. imtil their suc- cessors are elected and qualified. For the purpose of the election above provided for. the said board of conntv commissioners must establish a convenient number of election precincts and polling places in said proposed district, and define the boundaries thereof, which said precincts may th^eafter be changed by the board of directors of such districts, and shall also appoint the judges of election for each such precinct, one of whom shall act as clerk of election. Sec. 6. (Officers — Election — Bond.) The regular election of said district shall be held on the first Tuesday after the first Monday in December in each second cal- endar year thereafter, at which said officers shall be elected. The person receiving the highest number of votes for any office to be filled at such election is elected thereto. Within ten days after receiving their certificates of elec- tion, hereinafter provided for, said officers shall take and subscribe the official oath and file the. same in the office of the county clerk of the county where the organiza- tion was effected, and thereupon immediately assume the duties of their respective offices. Each member of said board of directors shall execute an official bond in the sum of three thousand dollars (f3,000), which bond shall be approved by the judge of the County Court of said county where such organization was effected, and shall be recorded in the office of the count v clerk thereof. Ch. 113.] IRRIGATION DISTRICTS. 251 All official bonds herein provided for shall be in form prescribed by law for official bonds for county officers, except that the obligee named in said bond shall be to said district. Sec. 7. (Same — Election Notice.) The office of the office of board. board of directors shall be located in the county where the organization was effected. Fifteen days before any election held under this act, subsequent to the organiza- tion of the district, the secretary who shall be appointed by the board of directors shall cause notice specifying the polling places of each precinct to be posted in three secretary post public places in each election precinct, of the time and^^uces. place of holding the election, and shall also post a gen- eral notice of the same in the office of said board, which shall be established and kept at some fixed place to be determined by said board in said county. Prior to the ^ ^ ^ Yec time for posting the notices, the board must appoint from ^j^" each precinct, from the electors thereof, three judges, one of whom shall act as clerk, who shall constitute a board of election for such precinct. If the board fails to appoint a board of election, or the members appointed do not attend the opening of polls on the morning of election, the electors of the precinct present at that hour vacancies— may appoint the board, or supply the place of an absent how filled. member thereof. The board of directors must, in its order appointing the board of election, designate the hour ^pj^^^ ^^^ ^^^^^ and the place in the precinct where the election must of election. be held. Sec. 8. (Same — Election Officers'" Duties.) One of Powers of the judges shall be chairman of the election board and ^^*'™^^- may: First, administer all oaths required in the progress of an election. Second, appoint judges and clerks, if during the progress of the election any judge or clerk ceases to act. Any member of the board of Members may election, or any clerk thereof, may administer and certify administer oaths required to be administered during the progress of oaths. an election. Before opening the polls, each member of oath of the board must take and subscribe an oath to faithfully members. perform the duties imposed upon them by law. Any Elector may ad- elector of the precinct may administer and certify such minister oath. oath. The polls must be opened at eight o'clock in poiis open. the morning of election and be kept open until six o'clock p. m. of the same day. It shall be the duty of the clerk 252 IBBI6ATI0N DISTEICTS. [Gh. 113. Canvass of returns. Clerk deliver of the board of election to forthwith deliver the returns returns. j^\|y certified to the board of directors of the district. Returns not Sec. 9. (Same — Canvass of Votes.) No lists, tally rejected. paper, or certificates returned from any election shall be set aside or rejected for want of form if it can be satis- factorily understood. The board of directors must meet at its usual place of meeting on the first Monday after election and canvass the returns. If at the time of meet- ing the returns from each precinct in the district in which the polls were open have been received, the board of directors must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from day to day until the returns have been received, or until six postponements have been had. The canvass must be made in public and by opening the returns and counting the votes of the district for each person voted for, and declaring the re- sults thereof. The board shall declare elected the person receiving the highest number of votes so returned for each oflSce, and also declare the result of any question submitted. Sec. 10. (Same — Records — ^Vacancy and Term of OflGice.) The secretary of the board of directors must, as soon as the result of any election held under the pro- visions of this act is declared, enter in the records of such board and "file with the county clerk of the county in which the office of said district is located, a statement of such results, Which statement must show: First, a copy of the publication notice of said election. Second, the names of the judges of said election. Third, the whole number of votes cast in the district and in each precinct of the district. Fourth, the names of the per- sons voted for. Fifth, the office to fill which each person was voted for. Sixth, the number of votes given in each precinct for each of such persons. Seventh, the number of votes given in the district for each of such persons. Eighth, the names of the persons declared elected. Ninth, the result declared on any question submitted in accord- ance with the majority of the votes cast for or against such question. The board of directors must declare Person elected, elected the person having the highest number of votes given for each office, and also the result of any question submitted. The secretary must immediately make out and deliver to such person a certificate of election, signed Canvass In public. Board declare result. Statement filed by secretary. Contents of. Certificate of election. Ch- 113-] ntRiGATiON DismtiCTS. 253 by him and anth^iticated with the seal of the board. In case of a Tacaney in the board <rf directors, by death, vacancfe- removal, or inability from any cause, to properly dis-^ ®^^ charge the dnties as such director, the vacancy shall be filled by appointment by the remaining members of the board, and upon their failure or inability to act within thirty days after soch vacancy occurs, then upon petition of five electors of said district the board of connty com- missioners of the county where the office of said board of directors is atuate, shall fill such vacancy or vacancies Any director appointed as above provided shall hold his Term of office, oi^ce until the next general election of said district, and until his success4Nr is ele«rted and qualified. Sec, 11- 'Board of Directors — Officers — General q,^,^^^,^^^;^ ^^ Duties — ^Batio of Water Distribution- 1 The directors. Board, having duly quatified. shall organize as a board, elect a president friHn their number, and appoint a secretary. The board shall have {M^wer. and it shall be their duty. Duties asd to adopt a seaL manage and •:-t>nduct the a^urs and basi'V^'^^trg, ness of the district, make and execute all ueceaoLry coft- tracts, employ such agents, attorneys, officers and em- ployes as may be reqnire«L and prescribe their dnties. establi^ equitable ral<e9 and reflations for the distribu- tion and use of water adoc^ the owners of said land, and generally to perform all j»Tif:h acts as i^hall be nece^ sary to fully carry ocr t^e z-irijfts^es of tiifs act. Said board diall liave tbe t<»Trer in addition zo the means to Bostr-i m^r 'w^n^ supply watw to «ai«i •i:«rr> t prop^jied hy the petition srnct ir ptxr- submitted for the f« Tma^oiL -i-f aid diarrirt. to r-onsfrrru^ thaa^ dtzi^^m, acquire ar pur^iui-^e anv and ail caaai«. •Vr^:hesL res^er-^"^ vcHrs. reservoir «lt»^. wa^-e. war.i?^ riai^^- riz^^^sk of way, or otk^ property aeti-t^-^-^ary f >r •iie i2»e of ^ae ^'.xrri"X^ In case of the pv:r»:ria:«4> •:€ ^^v pm p^^r^ ^t ♦n^rh «ii:tr>rt the bonds of the •i;«Ti. t irrr.nafer cro'T^ided fo- may be used at thetr par r\l-9^ :tl p;iT3i«kr wriuvnt pr^',onn oScr of snch bonis f-:? ti>. Bit no '^ontra^-r in^o^la^ a consideracon ei!^l:-^ ^r^ i'V::i>and •♦! •.>// ^'-,u' lars. and not ei.!*^t:a^ Tw^a-jd-^ •.-lOTiiasd 2^ ♦<>■ dollars shall be ^j:i.:_z^x TUt^i^ ♦n i r-or.rra^ r^, rje- authoriied and ra-iii^i ia vn^.:!^ \7 -#-.r >«i ^r.-^a one:- t irtmrtaa-nn third of the Ie»i •»->^:r^ ^tf «a.«i 'i ♦^r,--t ;i.''r'or^.-cr v, '^'^ -wnr.'^.tr v/ the nnmh^ of t-:^-^ »:i.^r i — h^ .ii.r 't *.rr'-' ^ fi^-^ cr. : nor ^'^'' '^'^ shaD any <^»Ta»"' ':i -t---^ •-/ — rn^^i^* rv'.ni»iTi«i 4^25-000 d'ii.ar* '♦^ " ti«: ' j: t."* . ♦•! -a '"'.r."^.'"' ♦i^i.. 254 IRRIGATION D1STRIC5TS. [Ch. 113. Distribution of rules and regu- lations. Apportionment of water. Rent of water. Rental. No prescriptive right to attach. Assignment of water right. Regular meet- ings. Special meet- ings. How called. Meetings public. Vote. Records open to inspection. Board enter upon land. Board may acquire land. have been authorized and ratified at an election, in man- ner as is provided for the issue of bonds. The said rules and regulations shall be printed in convenient form as soon as the same are adopted, for distribution in the district. All waters distributed shall be apportioned to each land owner pro-rata to the lands assessed under this act within such district. The board of directors shall have power to lease or rent the use of water or contract for the delivery thereof to occu- pants of other land within or without the said district at such prices and on such terms as they deem best, pro- vided the rental shall not be less than one and one-half times the amount of the district tax for which said land would be liable if held as a freehold, and provided further no vested or prescriptive right to the use of such water shall attach to said land by virtue of such lease or such rental, provided that any land owner in said district may with the consent of the board of directors assign the right to the whole or any portion of the water so appor- tioned to him for any one year where practicable to any other bona fide land owner, to be used in said district for use on his land for said year, provided such owners shall have paid all amounts due on assessments upon all such lands. Sec. 12. (Directors — Meetings — Duties — ^Domain — Public Use.) The board of directors shall hold a regu- lar quarterly meeting in their office on the first Tuesday in January, April, July and October, and such special meeting as may be required for the proper transaction of business. All special meetings shall be called by the president of the board, or any two directors. All meet- ings of the board must be public, and two members shall constitute a quorum for the transaction of business ; and on all questions requiring a vote there shall be a con- currence of at least two members of said board. All rec- ords of the board must be open to the inspection of any elector during business hours. The board, its agents, and employes, shall have the right to enter upon any land in the district, to make surveys and to locate and con- struct any canal or canals, and the necessary laterals. Said board shall also have the right to acquire all lands, water rights, franchises and other property necessary for the construction, use, maintenance, repair, and im- provement of its canals, ditches, reservoirs and water Ch. 113.] IRRIGATION DISTRICTS. 255 works; and shall also have the right by purchase or Right of emi- eondemnation to acquire rights of way for the construe- ^^^^ domain. tion or enlargement of any of its ditches, canals or res- ervoirs, Stlso lands for reservoir sites. Sec. 13. (Property— Title.) The title to all prop- erty acquired under the provisions of this act shall im- ^^JJf j^ district. mediately and by operation of law vest in such irrigation district, in its corporate name, and shall be held by such district in trust for, and is hereby dedicated and set apart for the uses and purposes set forth in this act, and shall be exempt from all taxation, and said board Exempt from is hereby authorized and empowered to hold, use and ac- taxation. quire, manage, occupy and possess said property as herein provided ; Provided, that, When any district contemplated purchase of in this act shall find it necessary to procure and acquire water. a supply of water from outside the boundaries of this State, then and in such event it shall be lawful for said payment, district to contract and pay for the same in the same manner as other property acquired by the district is purchased and paid for. Sec. 14. (Conveyances — Suits.) The said board is Board take hereby authorized and empowered to take conveyances ^0^^®^^°®^- or assurances for all property acquired by it under the provisions of this act in the name of such irrigation dis- trict to and for the purposes herein expressed and to institute and institute and maintain any and all actions and proceed- maintain ac- ings, suits at law or in equity, necessary or proper iii^°^^- order to fully carry out the provisions of this act or to enforce, maintain, protect, or preserve any or all rights, privileges and immunities created by this act or acquired in pursuance thereof. And in all courts, actions, suits, sue and be or proceedings the said board may sue, appear and de-^ued. fend in person or by attorneys and in the name of such irrigation district. Judicial notice shall be taken in all Judicial notice actions, suits and judicial proceedings in any court of o' district after this State of the organization and existence of any irri-^"^^ °' °^'®^* gation district of this State, now or hereafter organized, from and after the filing for record in the office of the county clerk of the certified copy of the order of the board of county commissioners mentioned in section 3 of certified copy this act ; and a certified copy of said order shall be prima ot order prima facie evidence in all actions, suits and proceedings in any ^^® evidence, court of this State of the regularity and legal sufficiency of all acts, matters and proceedings therein recited and 256 IRRIGATION DISTRICTS. [Ch. 113. District conciu- Set forth ; and any such irrigation district, in regard to siveiy deemed which any fluch Order has been heretofore or may here- reguiar a'^er ^ after be entered, and such certified copy thereof, so filed ngr o or er. ^^^ record, and which has exercised or shall exercise the rights and powers of such a district, and shall have had or shall have in office a board of directors exercising the duties of their office and the legality or regularity of the Unless quo formation or organization whereof shall not have been warranto filed, questioned by proceedings in quo warranto instituted in the District Court of the county in which such dis- trict or the greater portion thereof is situated within one year from the date of such filing, shall be conclusively deemed to be a legally and regularly organized, estab- lished and existing irrigation district within the mean- ing of this act; and its due and lawful formation and organization shall not thereafter be questioned in any a(v tion, suit or proceeding whether brought under the pro- visions of this act or otherwise. Sec. 15. (Bonds — Elections.) For the purpose of constructing or purchasing or acquiring necessary reser- voir sites, reservoirs, water rights, canals, ditches and works, and acquiring the necessary property and rights therefor, for the purpose of paying the first year's interest upon the bonds herein authorized, and otherwise carry- Board estimate ing out the provisions of this act, the board of directors money needed. Qf ^ny such district Shall, as soou after such district has been organized as may be practicable, estimate and de- termine the amount of money necessary to be raised for Issuance of such purposes, and shall forthwith call a special election, bonds submitted at which election shall be submitted to the electors of to vote. g^^jj district possessing the qualifications prescribed by Notice of eiec- this act the question of whether or not the bonds of said tion posted and district shall be issued in the amount so determined. A published. notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such notice in some newspaper published in the county where the office of the board of directors of such district is required to be kept, once a week for at least three Contents of successive wecks. Such notice shall specify the time of notice. holding the election, the amount of bonds proposed to be issued, and said election must be held and the result thereof determined and declared in all respects as nearly as possible in conformity with the provisions of this act Ch. 113.] IBBIGATION DISTBIOTS. 257 governing the election of oflQcers; Provided, That Form of no informalities in conducting such election shall invali- ejection. date the same if the election shall have been otherwise : fairly conducted. At such election the ballots shall con- Form of tain the words "Bonds — Yes" or "Bonds — ^No" or words baiiot. equivalent thereto. If a majority of the legal electors who are freeholders and taxpayers within said district have voted "Bonds — ^Yes" the board of directors shall Board issue immediately cause bonds in such amount to be issued and^on^^s. payable in series as follows, to-wit: At the expiration of eleven years, not less than Periods at five per cent, of the whole amount and number of said'«^ich bonds bonds; at the expiration of twelve years, not less than^"^® ^^^ six per cent, of the whole amount and number of said bonds ; at the expiration of thirteen years, not less than seven per cent, of the whole amount and number of said bonds; at the expiration of fourteen years, not less than eight per cent, of the whole amount and number of said bonds; at the expiration of fifteen years, not less than nine per cent, of the whole amount and number of said bonds; at the expiration of sixteen years, not less than ten per cent, of the whole amount and number of said bonds; at the expiration of seventeen years, not less than eleven per cent, of the whole amount and number of said bonds ; at the expiration of eighteen years, not less than thirteen per cent, of the whole amount and number of said bonds; at the expiration of nineteen years, not less than fifteen per cent, of the whole amount and number of said bonds; at the expiration of twenty years, a per- centage suflQcient to pay off the remainder of said bonds ; that the several enumerated percentages be of the entire amount of the bond issue; that each bond must be pay- able at the given time for its entire amount, and not for a percentage ; that said bonds shall bear interest at the Rate of interest rate of not to exceed six per cent, per annum payable <>» bonds, semi-annually on the first day of June and December of each year. The principal and interest shall be payable at the oflflce of the county treasurer of the county in Bonds where which the organization of the district was effected as payable, aforesaid, and at such other place as the board of direc- tors may designate in such bond. Said bonds shall be Denomination each of the denomination of one hundred dollars, nor and form of more than five hundred dollars, shall be negotiable in>^°*- 258 IRRIGATION DISTRICTS. [Oh. 113. form, executed in the name of the district and signed by the president and secretary, and the seal of the dis- Numbered and trict shall be affixed thereto. Said bonds shall be nnm- dated. bered consecutively as issued, and bear date at the time Interest ^f their issue. Coupons for the interest shall be attached oupons. ^^ ^^^^ bond bearing the lithographed signatures of the president and secretary. Said bonds shall express on Bonds show their face that they are issued by the authority of this authority. ^^^^ stating its title and date of approval. The secretary Record of bonds shall keep a record of the bonds sold, their number, date ■°^^- of sale, the price received, and the name of the purchaser. Provided, any such district may, by a majority vote of the legal electors of said district, provide for the issuance Bonds mature of bonds that will mature in any number of years less In less than aOfhan twenty, and arrange for the payment thereof, in ^^^^* series as above provided; Provided, further, That when the money provided by any previous issue of bonds has become exhausted by expenditures herein authorized Additional issu- theref or, and it becomes necessary to raise additional ance of bonds, money for such purposes, additional bonds may be issued Issuance sub- submitting the question at special election to the qualified ™ir etection^^^ voters of said district, otherwise complying with the pro- visions of this section in respect to an original issue of Tax Is prior ®^^^ bonds; Provided, also. The lien for taxes, for the Hen. payment of the interest and principal of any bond issue, shall be a prior lien to that of any subsequent bond issue. Board sell Sec, 16. (Bonds — Sale — Proceeds.) The board may bonds. gell bonds from time to time in such quantities as may be necessary and most advantageous to raise the money for the construction or puchase of canals, reservoir sites, i-eservoirs, water rights and works, and otherwise to fully carry out the object and purposes of this act. Before making any sale the board shall, at a meeting, by resolu- tion declare its intention to sell a specified amount of the bonds and the day and hour and place of such sale, and shall cause such resolution to be entered in the min- Notice of sale utes, and notice of the sale to be given by publication published. thereof at least twenty days in a daily newspaper pub- lished in the City of Denver, and in any other newspaper, at their discretion. The notice shall state, that sealed Sealed pro- proposals will be received by the board at their oflSce, posais received. ^Q^ ^^ie purchase of the bonds, till the day and hour Award to high- named in the resolution. At the time appointed the board est bidder. shall Open the proposals and award the purchase of the Ch. 113.] IRRIGATION DISTRICTS. 259 bonds to the highest responsible bidfler and may reject May reject an all bids; but said board shall, in no event, sell any of^^®- said bonds for less than ninety-five per cent, of the face value thereof. In case no bid is made and accepted as No bids for above provided the board of directors is hereby au-^^^^®^ ^^"ur- thorized to use said bonds for the purchase of canals, ^hase. ^^ ^^^' reservoir sites, reservoirs, water rights and works, or for the construction of any canal, reservoir and works; Provided, Such bonds shall not be so disposed of at less than ninety-five per cent, of the face value thereof. Sec. 17. (Bonds-^Payment — ^Lien.) Said bonds, and Bonds how the interest thereon, shall be paid by revenue derived ^®^^' from an annual assessment upon the real property of the district, and the real property of the district shall be .j^^^^ and remain liable to be assessed for such payments as ^^^^^^ y ^ a e. herein provided. Sec. 18. (Board of Directors — Levy.) It shall be the Board deter- duty of the board of directors, on or before September™^® expenses first of each year, to determine the amount of money y^^,^"^^" '^^ required to meet the maintenance, operating and cur- rent expenses for the ensuing year, and to certify to the certify to county commissioners of the county in which the office ^^^^^^^ ^g™" of said district is located, said amount, together with ™ ®^ ^^^"^^ such additional amount as may be necessary to meet any deficiency in the payment of said expenses theretofore incurred. Sec. 19. (Assessor — Assessment.) It shall be the Assessment duty of the county assessor of any county embracing the ™^^® f'^^ ^„ I- 1 J, s • • x J' X • 1 X , entered upon whole or a part of any irrigation district, to assess and records by enter upon his records as assessor in its appropriate assessor, column, the assessment of all real e«tate, exclusive of improvements, situate, lying and being within any irri- gation district in whole or in part of such county. Im- mediately after said assessment shall have been extended as provided by law, the assessor shall make returns of Return of the total amount of such assessment to the county com- assessment. missioners of the county in which the office of said dis- trict is located. All lands within the district for the Equal acreage purposes of taxation under this act shall be valued by the tax. assessor at the same rate per acre; Provided, That in no case shall any land be taxed for irrigation purposes La^d incapable under this act, which from any natural cause cannot be of irrigation not irrigated, or is incapable of cultivation. taxed. 260 IRRIGATION DISTRICTS. [Ch. 113. County com- Sec. 20. (County Commissioners.) It shall be the "^t^T^" ^^ ^^^y ^^ ^^ county commissioners of the county in which ra e o evy. .^ jq^^^^^^ ^jjg office of any irrigation district, immedi- ately upon receipt of the returns of the total assessment of said district, and upon the receipt of the certificate of the board of directors certifying the total amount of money required to be raised as herein provided, to fix the rate of levy necessary to provide said amount of money, and to fix the rate necessary to provide the amount of money required to pay the interest and principal of the bonds of said district as the same shall become due; also, to fix the rate necessary to provide the amount of money required for any other purposes aa in this act provided, Certify rates to and which are to be raised by the levy of assessments other commis- upou the real property of said district; and to certify sioners. ^^^^ respective rates to the county commissioners of each Increase of county embracing any portion of said district. The rate i«vy. of levy necessary to raise the required amount of money on the assessed valuation of the property of said district shall be increased fifteen per cent, to cover delinquent Commissioners cies. For the purposes of said district it shall be the duty make levy. of the county commissioners of each county in which any irrigation district is located in whole or in part, at the time of making levy for county purposes, to make a levy, at the rates above specified, upon all real estate in said district within their respective counties. All taxes levied under this act are special taxes. County treas- Sec. 21. (District Treasurer.) The county treasurer urer made dis- of the county in which is located the office of any irriga- trict treasurer. ^^^^ district, shall be and is hereby constituted ex-officio district treasurer of said district, and said county treas- Liabiiity on ^rer shall be liable upon his official bond, and to indict- bond. ment and criminal prosecution, for malfeasance, mis- feasance or failure to perform any duty herein prescribed as county treasurer or district treasurer, as is provided by law in other cases as county treasurer. Said treasurer Keceipt for shall receive and receipt for all monevs belonging to said t'^xerconected. district. It shall be the duty of the county treasurer of each county in which any irrigation district is located, in whole or in part, to collect and receipt for all taxes levied as herein provided, in the same manner and at the same time as is required in the receipt for and collection Receive war- of taxes upon real estate for county purposes; Provided, rants. however, That such county treasurer shall receive in pay- Ch. 113.] IBRIGATION DISTRICTS. 261 ment of the general fund tax above mentioned for the year in which said taxes were levied, warrants drawn against said general fund the same as so much lawful money of the United States, if such warrant does not exceed the amount of general fund tax which the person tendering the same owes; Provided, further. That such Receive inter- county treasurer shall receive in payment of the district est coupons on bond fund taxes above mentioned for the year in which ^^^^ P^^t due. said taxes were levied, interest coupons or bonds issued by said irrigation districts maturing within said year, the same as so much lawful money of the United States, if such interest coupons do not exceed the amount of district bonds, fund which the person tendering the same owes. The county treasurer of each county comprising Remit to dis- a portion only of any irrigation district, excepting thetrict treasurer. county treasurer of the county in which the office of said district is located, on the first Monday of every month, shall remit to the district treasurer aforesaid, all moneys, warrants and coupons theretofore collected or received by him on account of said district. Every county treas-Keep separate urer shall keep a bond fund account and a general fund accounts, account. The bond fund shall consist of all moneys re- Bond fund ceived on account of interest and principal of the bonds consist of. issued by said district, said accounts for interest and principal, each to be kept separate. The general fund General fund shall consist of all other moneys received. The district consist of. treasurer aforesaid shall pay out of said bond fund, when interest and due, the interest and principal of the bonds of said dis- p^^^^^p^^ p^^" trict, at the time and at the place specified in said bonds, ^^^® ''^"^ ^°^^ and shall pay out of said general fund only upon order General fund signed by the president and countersigned by the secre-draw upon by tary of said district, as herein provided. The district o''^®^- treasurer, on the fifteenth day of each month, shall re- District treas- port to the board of directors of said district the amount ^^^^^ report. of money in his hands to the credit of the respective funds above provided. All such district taxes collected and paid to the county treasurer as aforesaid shall be re- Treasurers' ceived by said treasurers in their official capacity, and ''®®p®^^^"^' they shall be responsible for the safe keeping, disburse- ment and payment thereof the same as for other moneys collected by them as such treasurers; Provided, Said ^^^^^y ^^®^^- county treasurer shall not receive any commission for the ^^^^g^^^^^^^^jj^. collection of said district taxes or any extra compensa- pensation. tion for acting as such district treasurer other than the 262 IBBI6ATI0M DISTRICTS. [Oh. 113. Revenue laws applicable. Board adopt plans and ad- regular salary as such county treasurer of his respective county. Sec. 22. (Assessment — Collection.) The revenue laws of this State for the assessment, levying and collec- tion of taxes on real estate for county purposes, except as herein modified, shall be applicable for the purposes of this act, including the enforcement of penalties and forfeiture for delinquent taxes. Sec. 23. (Construction — Contracts.) After adopt- ing a plan for the construction of canals, reservoirs, and vertise for bids, ^orks, the board of directors shall give notice, by publi- cation thereof, not less than twenty days in a newspaper published in each of the counties into which any such irrigation extends, provided a newspaper i« published therein, and in such other newspapers as they may deem advisable, calling for bids for the construction of said work or any portion thereof; if less than the whole work Contents of call ^® advertised, then the portion so advertised must be for bids. particularly described in such notice; said notice shall set forth that plans and specifications can be seen at the oflflce of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and the place for opening the proposals, which at said time and place shall be opened in public, and as soon as convenient thereafter the board shall let said work, either in por- tions, or as a whole, to the lowest responsible bidder, or they may reject any or all bids and readvertise for pro- posals, or may proceed to construct the work under their own superintendence. Contracts' for the purchase of material shall be awarded to the lowest responsible bid- der. The person or persons to whom a contract may be awarded shall enter into a bond, with good and suflBcient sureties, to be approved by the board, payable to said dis- trict for its use, for not less than ten per cent, of the amount of the contract price, conditioned for the faith- of ful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer in charge, and be approved by the board. Claims must be ^ec. 24. (Claim— Audit— Payment— Financial Re- aiiowed by port.) No claims shall be paid by the district treasurer board. until the same shall have been allowed by the board, and only upon w^arrants signed by the president, and counter- Proposals. Board may re- ject bids. Contract awarded. Bond. Supervision work. Ch. 113.J IBEIGATION DISTRICTS. 263 signed by the secretary, which warrants shall state the date authorized by the board and for what purposes; and insufficient if the district treasurer has not sufficient money on hand ^unds to pay to pay such warrant when it is presented for payment, he^^""^® shall endorse thereon "not paid for want of funds, this Treasurer en- warrant draws interest from date at six per cent, per dorse warrants. annum,'' and endorse thereon the date when so presented, over his signature, and from the time of such presenta- warrants draw tion until paid such warrant shall draw interest at the interest. rate of six per cent, per annum ; Provided, When there is when warrants more than the sum of one hundred dollars or more in^® ^^^^' the hands of the treasurer it shall be applied upon said warrant. All claims against the district shall be verified the same as required in the case of claims filed against claims must be counties in this State, and the secretary of the district is verifled. hereby authorized and empowered to administer oaths to the parties verifying said claims, the same as the county clerk or notary public might do. The district treasurer Treasurer keep shall keep a register in which he shall enter each warrant register of presented for payment,^ showing the date and amount of ^^"'*^- such warrant, to whom payable, the date of the presenta- tion for payment, the date of payment, and the amount paid in redemption thereof, and all warrants shall be order of pay- paid in the order of their presentation for payment to ™ent of war- the district treasurer. All warrants shall be drawn pay- ^^^®' able to the claimant or bearer, the same as county war- warrants pay- rants ^^® ^® bearer. Sec. 25. For the purpose of defraying the expenses Expenses met of the organization of the district, and the care, opera- ^y~ tion, management, repair and improvement of all canals, ditches, reservoirs and works, including salaries of offi- cers and employes, the board may either fix rates of tolls toiis or— and charges and collect the same of all persons using said canal and water for irrigation, or other purposes, and in addition thereto may provide, in whole or in part, for the payment of such expenditures by levy of assess- Assessments— ments therefor, as heretofore provided, or by both tolls ^' ^°^- and assessment; Provided, That in case the money raised if money by the sale of bonds issued be insufficient, and in case^^'^®^ ^^ ^^'^^^ bonds be unavailable for the completion of the plans of board "i?^^°' works adopted, it shall be the duty of the board of direc- assessment. tors to provide for the completion of said plans by levy of an assessment therefor in the same manner in which 264 lEEIGATION DISTRICTS, [Ch. 113. May construct works across streams, etc. When eminent domain exer- cised. Dedication of right-of-way on State lands. Salaries of board and officers. Director can not be inter- ested in con- tract or- Recelve benefit or bribe. Felony. Penaltj'. Debts in excess of provisions of act void. levy of assessments is made for the other purposes pro- vided for in this act. Sec. 26. (Crossing Streams, Highways, Railroads, State Lands, Etc.) The board of directors shall have the i:ower to construct the said works across any stream of water, water course, street, avenue, highway, railway, canal, ditch, or flume which the route of said canal or canals may intersect or cross; and if such railroad com- pany and said board, or the owners and controllers of said property, thing or franchise so to be crossed, can not agree upon the amount to be paid therefor, or the points or the manner of said crossings, the same shall be ascer- tained and determined in all respects as is provided in respect to the taking of land for public uses. The right- of-way is hereby given, dedicated, and set apart, to locate, construct and maintain said works, or reservoirs, over, through, or upon any of the lands which are now, or may be the property of the State. Sec. 27. (OflScers' Salaries — ^Not Interested in Con- tracts.) The board of directors shall jeach receive at the rate of two and one-half dollars per day while attending meetings, and their actual and necessary expenses while engaged in oflScial business. The salary of the secretary shall not exceed eight hundred dollars per annum. No director or any oflGicer named in this act shall, in any manner, be interested, directly or indirectly, in any con- tract awarded or to be awarded by the board, or in the profits to be derived therefrom; nor shall receive any bonds, gratuity, or bribe, and for any violation of this provision, such officer shall be deemed guilty of a felony, and such conviction shall work a forfeiture of his oflBce, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the Penitentiary not exceeding five years nor less than one year. Sec. 28. (Limit of Indebtedness.) The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express pro- visions of this act, and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void. Sec. 29. (Insufficient Supply — Distribution.) In case the volume of water in any canal, reservoir or other (:!h. 113.] IBBIGATION DISTRICTS. 265 works in any district shall not be sulHcient to supply k supply is in- the continual wants of the entire district and susceptible sufficient, direct of irrigation therefrom, then it shall be the duty of the^^^/^PP^''*°" board of directors to distribute all available water upon ^ ®'' certain or alternate days to different localities, as they may in their judgment think best for the interests of all parties concern-ed. Sec. 30. (Compensation for Property Taken.) Compensation Nothing herein contained shall be deemed to authorize*' ^ pa<* 'or any person or persons, to divert the waters of any river, ^^^^^ taken. creek, stream, canal, or reservoir to the detriment of any person or persons having a prior right to the waters of such river, creek, stream, canal, or reservoirs, unless previous compensation be ascertained and paid therefor, under the laws of this State authorizing the taking of private property for public use. Sec. 31. (Boundaries — Change Of — Effect.) The Boundaries may boundaries of any irrigation district now or hereafter ^® changed, organized under the provisions of this act, may be changed in the manner herein prescribed ; but such change of the boundaries of the district shall not impair or affect its organization, or its rights in or to property, or any of its Change does rights or privileges of whatsoever kind or nature, nor^^^* *^®^^ ®^^^" shall it. affect, impair, or discharge any contract, obliga- JJ* ^^^ ^^^ ^* tion, lien, gr charge for, or upon which it was or might become liable or chargeable had such change of its bound- aries not been made. Sec. 32. (Contiguous Territory — Annexation Pe- owners of tition.) The holder or holders of title, or evidence of °o"^«^<^"s title, representing a majority of the acreage of any body petition of land adjacent to or situate within the boundaries of any irrigation district, may file with the board of di- rectors of said district a petition in writing, praying that such lands be included in such district. The petition shall describe fhe tracts, or body of land contents of owned by the petitioners, but such description need not ^®^*^'' be more particular than is required when such lands are entered by the county assessor in the assessment book. Such petition shall be deemed to give the assent of the^^^'^s^"^"'^ ^^ petitioners to the inclusion in said district of the lands ^®"^"' described in the petition, and such petition must be ac- knowledged in the same manner that conveyances of land are required to be acknowledged. 266 IRRIGATION DISTRICTS. [Ch. 113. Secretary grive gec. 33. (Contiguous Territory — Notice.) The sec- notice of filing retary of the board of directors shall cause notice of the o petition. filing of such petition to be given and published once each week for three successive weeks, in a newspaper pub- lished in the county where the office of said board is sit- not'ice' ^^ uate, which notice shall state the filing of such petition and the names of the petitioners, a description of the lands mentioned in said petition, and the prayer of said petitioners; giving notice to all persons interested, to appear at the office of said board at a time named in said notice, and show cause, in writing, if any they have, why the petition should not be granted. The time speci- fied in the notice at which it shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the Petitioners ad- i^otice. The petitioner, or petitioners, shall advance to vance costs to the Secretary sufficient money to pay the estimated cost secretary. Qf ^H proceedings under such petition before the secretary shall be required to give such notice. Hearing of peti- Sec. 34. (Contiguous Territory — Hearing.) The tion and ob- board of directors, at the time and place mentioned in jections. g^.^ notice, or at such time or times to which the hearing Objections pre- ^^ ®^^^ petition may adjourn, shall proceed to hear the sented In petition, and all objections thereto, presented in writing writing. by any person, showing cause as aforesaid, why said pe- Faiiure to titiou should uot be granted. The failure of any person show cause. interested to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to the in- clusion of such lands in said district as prayed for in said petition. Board may re- ^^C- ^5. (Payment.) The board of directors, to quire payment whom such petition is presented, may require as a con- from peti- ditiou precedent to the granting of the same, that the tioners. petitioners shall severally pay to such district such re- spective sums, as nearly as the same can be estimated by the board, as said petitioners or their grantors would have been required to pay to such district as assessments for the payment of its pro, rata share of all bonds and the interest thereon, which may have previously thereto been issued by said district had such lands been included in such district at the time the same was originally formed or when said bonds were so issued. Sec. 36. (Boundaries — Orders.) The board of di- rectors if they deem it not for the best interests of the Ch. 113.] IRRIGATION DISTRICTS. 267 district to include therein the lands mentioned in the Board, may petition, shall by order reject the said petition, but if reject or admit they deem it for the best interests of the district that ^^^^^^^ ^^^p^^j. said lands be included the board may order that the dis-tion. trict be so changed as to include therein the lands men- tioned in the said petition. The order shall describe the entire boundaries of the district with the lands so in- cluded, if the district boundaries be changed thereby, and order if for that purpose the board may cause a survey to be boundaries made of such portion of such boundaries as may be °"^®*** deemed necessary, Provided, if within thirty days f rom proviso-if the making of such order a majority of the qualified protest is med electors of the district protest in writing to said board ^^^^^'^^^ ^^^®''* against the inclusion of such lands in said district, said order shall be held for naught and such lands shall not be included therein. Sec. 37. (Order— Record— Effect.) Upon the al-« no protest lowance of such petition and in case no protest has been^^^y ^Tol-der^ filed with the board within thirty days after the entry and piats. of said order as aforesaid, a certified copy of the order of the board of directors making such change, and a plat of such district, showing such change, if any, certified by the president and secretary, shall be filed for record in the oflSce of the clerk and recorder of each county in where med. which are situate any of the lands of the district, and the district shall remain an irrigation district, as fully toj^j^^^®®^^^^^' every intent and purpose as if the lands which are in- p^anjl^ made eluded in the district by the change of the boundaries as aforesaid, had been included therein at the organization of the district; and said district as so changed and all the lands therein shall be liable for all existing obliga- tions and indebtedness of the organized district. Sec. 38. (Records — Evidence.) Upon the filing of Record of peti- the copies of the order and the plat, as in the last pre- "^"board"'""^^^ ceding section mentioned, the secretary shall record in° the minutes of the board the petition aforesaid ; and the said minutes, or a certified copy thereof, shall be admis- Admissible in sable [admissible] in evidence with the same effect as the®^^®^^®* petition. Sec. 39. (Legal Representatives Petitioners.) A Representative guardian, executor or an administrator of an estate, who ^^^ represent is appointed as such under the laws of this State, and^^^^® ^'^°^" ivho, as such guardian, executor or administrator, is en- titled to the possession of the lands belonging to the 268 IRRIGATION DISTEIC5TS. [Ch. 113. If petition allowed board re-divlde dis- trict. Three divisions. Director to be elected from each. Board establish precincts. Lands may be excluded from district. Effect of exclusion. Owners of land file petition. Contents of petition. estate which he represents, may on behalf of his ward or the estate which he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition in this act mentioned, and may show cause, as in this act mentioned, why the boundaries of the dis- trict should not be changed. Sec. 40. (Redivision of District — Election of OflS- cers.) In case of the inclusion of any land within any district by proceedings under this act the board of di- rectors shall, at least thirty days prior to the next suc- ceeding general election, make an order redividing such district into three divisions, as nearly equal in size as may be practicable, which shall be numbered first, sec- ond and third, and one director shall thereafter be elected by each division. For the purposes of election the board of directors shall establish a convenient num- ber of election precincts in said districts, and define the boundaries thereof, which said precincts may be changed from time to time as the board may deem necessary. Sec. 41. (Exclusion of Lands.) Any tract of land included within the boundaries of any such district, at or after its organization, under the provisions of this act, may be excluded therefrom, in the manner herein prescribed, but such exclusion of land from the district shall not impair or affect its organization, or its rights in or to property, or any of its rights or privileges of whatever kind or nature ; nor shall such exclusion affect, impair or discharge any contract, obligation, lien or charge for or upon which it would or might become liable or chargeable, had such land not been excluded from the district. Sec. 42. (Petition for Exclusion.) The owner or owners in fee of any lands constituting a portion of any irrigation district may file with the board of directors of the district, a i)etition praying that such lands may be excluded and taken from said district. The petition shall describe the lands which the petitioners desire to have excluded, but the description of such lands need not be more particular than required when lands are entered in the assessment book by the county assessor. Such petition must be acknowledged in the same manner and form as is required in case of a conveyance of land. Ch. 113.] IRRIGATION DISTRICTS. 269 Sec. 43. (Same — Notice.) The secretary of the secretary gives board of directors shall cause a notice of the filing ^^^f^^J^on^"^* such petition to be published for at least three weeks in^ ^ some newspaper published in the county where the oflSce of the board of directors is situated, and if any portion of when and how said district lie within another county or counties, then "<^^<5« s^^en. said notice shall be so published in a newspaper published within each of said counties; or if no newspapers be pub- lished therein, then by posting such notice for the same time in at least three public places in said district, and in case of the posting of said notices, one of said notices must be so posted on the lands proposed to be excluded. The notice shall state the filing of such petition, the contents of names of the petitioners, description of the lands men-^'"^®- tioned in said petition, and the prayer of said petitioners ; and it shall notify all persons interested to appear at the office of said board at a time named in said notice, and show cause in writing, if any they have, why said peti- tion should not be granted. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioner or petitioners shall advance to Petitioners ad- the secretary sufficient money to pay the estimated cost^"^® ^^^^^ ^^ of all proceedings under such petition before the secre- °®°^® ^^ tary shall give such notice. Sec. 44. (Same — Hearing.) The board of directors Hearing of at the time and place mentioned in the notice, or at the o^VgcS^ns'^'^ time or times to which the hearing of said petition may ° be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any persons, objections pre- showing cause as aforesaid why the prayer of said pe- rented in wnt- tition should not be granted. The filing of such peti- "^ tion with such board, as aforesaid, shall be deemed and construction of taken as an assent by each and all of such petitioners to petition, the exclusion from such district of the lands mentioned in the petition, or any part thereof. Sec. 45. (Same — Orders.) The board of directors, Board may if they deem it not for the best interest of the district srant or refuse that the lands mentioned, in the petition or some portion p®***^'^- thereof, should be excluded from said district, shall order that said petition be denied; but if they deem it for the best interest of the district that the lands mentioned, in the petition, or some portion thereof, be excluded from 270 IRRIGATION DISTRICTS. [Ch. 113. the district, and if there are no outstanding bonds of the district, then the board may order the lands mentioned in the petition, or some defined portion thereof, to be ex- Proviso-if pro- cluded f rom the district. Provided, if within thirty days test is filed from the making of snch order a majority of the quali- against order, g^ electors of the district protest in writing to said board against the exclusion of such lands from said district, said order shall be held for naught and such lands shall not be excluded therefrom. If no protest Sec. 46. (Order — Record — Effect.) Upon the al- flied board file lowauce of such petition and in case no protest has been copy of order flje^ ^i^]^ ^jj^ board within thirty days after the entry and plats. ^^ ^^^^ Order as aforesaid, a certified copy of the order of the board of directors making such change and a plat of such district showing such change, certified by the Where filed, president and secretary, shall be filed for record in the office of the clerk and recorder of each county in which are situate any of the lands of the district, and the dis- District re- trict shall remain an irrigation district as fully to every mains as if no intent and purpose as if the lands which are excluded by change made, ^j^^ change of the boundaries as aforesaid, had not been excluded therefrom. Division of dis- Sec. 47. (Division of Districts.) At least thirty trict into three days before the next general election of such district the aivisions. board of directors thereof may make an order dividing said district into three divisions, as nearly equal in size as practicable, which shall be numbered first, second and Director to be third, and one director shall be elected for each division elected from by the qualified electors of the whole district. For the ®^' purpose of election in such district the said board of Board estab- directors must establish a convenient number of election iish precincts, precincts, and define the boundaries thereof, which said precincts may be changed from time to time, as the board of directors may deem necessary. Owners of land Scc. 48. (Dissolution of District — Election.) file petition to Whenever a majority of the resident freeholders, repre- dissoive. sentiug a majority of the number of acres of the irri- gable land, in any irrigation district organized, or here- after to be organized, under this act, shall petition the Ask for spe- board of directors to call a special election, for the ciai election, purpose of Submitting to the qualified electors of said irrigation district a proposition to vote on the dissolu- tion of said irrigation district, setting forth in said peti- Ch. 113.] IRRIGATION DISTRICTS. 271 tion, that all bills and claims of every nature whatsoever contents of have been fnlly satisfied and paid, it shall be the duty of petition. said directors, if they shalP be satisfied that all claims and bills have been fully satisfied, to call an election, set- when board ting forth the object of the said election, and to cause^^"^ election. notice of said election to be published in some newspaper in each of the counties or county in which said district is located, for a period of thirty (30) days prior to Notice of eiec- said election, setting forth the time and place for hold- ^"' ing said election in each of the three voting precincts in said district. It shall also be the duty of the directors Board prepare to prepare ballots to be used at said election on whicfi ^®^"'^® shall be written or printed the words : "For Dissolution Form of —Yes/' and "For Dissolution— No." ^^i^^- Sec. 49. (Same — Canvass — Record.) The board of canvass of directors shall name a day for canvassing the vote, and ^^®®- if it shall appear that a majority of said ballots contain if vote amrma- the words, "For Dissolution— Yes" then it shall be tlie^®^^^^^^^^^®" duty of said board of directors to declare said district ^j^lorg^ni^e^ to be disorganized, and shall certify to the county clerk certify order. of the respective counties, in which the district is situ- Certificate to ated, stating the number of signers to said petition. That '''^®^- said election was called and set for the day of month of year. That said election was hold and that so many votes (stating the number) had been cast for, and that so many votes (stat- ing the number) had been cast against said proposition, said certificate to bear the seal of the district, and the certificate signatures of the president and secretary of said l>o^rd^\|^^®^ ^^^ of directors. And it shall be the duty of the said respec- tive clerks to record all such certificates in the records cerUficates of the respective counties. Should it appear that a ma- ^®^<^r<«<- jority of the votes cast at said election were "For Dis- solution — No," then the board of directors shall declare ^^ vote nega- the proposition lost and shall cause the result and the "j^® J^^^p^^®^^ vote to be made a part of the records of said irrigation tion lost. district. Sec. 50. (Judicial Examination and Confirmation.) special pro- The board of directors of an irrigation district organized yaiwity^ of ^** under the provisions of this act may commence special bonds, proceedings, in and by which the proceedings of said board and of said district providing for and authorizing the issue and sale of the bonds of said district, whether 272 IRRIGATION DISTRICTS. [Oh. 113, Petition tiled by board. Contents of petition. Hearing. Clerk gives notice of time of. Notice— how given. Contents of notice. Who may file answer. Rules of procedure. Person answer- ing becomes defendant. said bonds or any of them have or have not been sold, or disposed of, may be judicially examined, approved and confirmed. Sec. 51. (Same — Petition.) The board of directors of the irrigation district shall file in the district court of the county in which the lands of the district, or some portion thereof, are situated, a petition, praying, in effect, that the proceedings aforesaid may be examined, ap- proved and confirmed by the court. The petition shall state the facts showing the proceedings had for the issue And sale of said bonds, and shall state generally that the irrigation district was duly organized, and that the first board of directors was duly elected, but the petition need not state the facts showing such organization of the dis- trict, or the election of said first board of directors. Sec. 52. (Same — ^Notice of Hearing.) The court shall fix the time for the hearing of said petition and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall be given and published for three successive weeks in a newspaper published in the county where the office of the district is situated* The notice shall state the time and place fixed for the hearing of the petition and the prayer of the petitioners, and that any person interested in the organization of said district, or in the proceedings for the issue or sale of said bonds, may, on o^ before the day fixed for the hearing of said petition, demur to or answer said petition. The petition may be referred to and de- scribed in said notice as the petition of the board of directors of irrigation district, (giving its name) praying that the proceedings for the issue and sale of said bonds of said district may be examined, ap- proved and confirmed by the court. S^c. 53. (Same — Answer — Pleading.) Any person interested in said district, or in the issue or sale of said bonds, may demur to or answer said petition. The pro- visions of the Code of Civil Procedure respecting the demurrer and answer to a verified complaint shall be applicable to a demurrer and answer to said petition. The person so demurring and answering said petition shall be the defendant to the special proceeding, and the board of directors shall be /the plaintiff. Every material statement of the petition not specifically controverted Ch. 113.] IRRIGATION DISTRICTS. 273 by the answer shall, for the purpose of said special pro- statements not ceeding, be taken sls true, and each person failing to controverted answer the petition shall be deemed to admit as true all^®®™®^ ^'^^®- the material , statement of the petition. The rules of Appeals and pleading and practice relating to appeals and writs of ^nts. error provided by the Code of Civil Procedure which are not inconsistent with the provisions of this act are ap- plicable to the special proceedings herein provided for. Sec. 54. (Same — Determination — Costs.) Upon the courts examine hearing of such special proceeding the court shall find ^^^ ^ifdit"^^ ? " and determine whether the notice of the filing of the proceedings. ^ petition has been duly given and published for the time and in the manner in this act prescribed, and shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm, each and all of the proceedings for the organization of said district under the provisions of said act, from and includ- ing the petition for the organization of the district, and all other proceedings which may affect the legality or validity of said bonds, and the order of the sale and the sale thereof. The court, in inquiring into the regularity, court to dis- legality or correctness of said proceedings, must disre- '®^'< imma- gard any error, irregularity or omission which does not^^'^^^ ®"^^' affect the substantial rights of the parties to said special proceedings; and the court may by decree approve and court may confirm such proceedings in part, and disapprove and approve m part. declare illegal or invalid other or subsequent parts of the proceedings. The costs of the special proceedings ^°®' may be allowed and apportioned between the parties, in the discretion of the court. Sec. 55. That an act entitled an act to provide for^^P®®^^- the organization and government of irrigation districts etc., approved April 12th, 1901, and all acts and parts of acts amendatory thereof, be and the same are hereby repealed. Provided, Nothing herein contained shall in- Proviso-as to validate or affect any act or proceeding done or pending p''^°®®^^^ thereunder; but all such pending proceedings may bCpg^ding! continued and concluded under such repealed provisions, the same as if this statute had not been adopted, or may be continued or concluded under the provisions of this act; And, Provided further, That nothing herein con- ^j^^^g^^^j^^^^^y tained shall impair the organization rights, powers and acquired. 274 ITINERANT VENDOR. [Ch. 114. privileges of any irrigation district organized under any act or provision so repealed. Emergrency. Sec. 56. In the opinion of the General Assembly an emergency exists; therefore this act shall be in force and take effect from and after its passage. Approved May 3, 1905. CHAPTER 114. ITINERANT VENDOB. LICENSE. (S. B. No. 176, by Senator Wood.) AN ACT TO PREVENT AND PUNISH FRAUD IN SALES OF MANUFAC- TURED GOODS, WARES AND MERCHANDISE BY "ITINER- ANT VENDORS," AND TO REGULATE SUCH SALES. Construction of term. When act does not apply. Be it Enacted by the General Assembly of the State of Colorado: Section 1. The term, "Itinerant Vendor," for the purposes of this act shall mean and include any person, either principal or agent, who engages in either a tem- porary or transient business in this State, either in one locality or in traveling about the country or from place to place, selling manufactured goods, wares or merchan- dise, and it shall include peddlers and hawkers and also those who for the purpose of carrying on their temporary or transient business hire, lease or occupy a building, structure, tent, car, boat, vehicle, storeroom or place of any kind for the exhibition and sale of any manufac- tured goods, wares or merchandise. Sec. 2. The provisions of this act shall not apply to commercial travelers or agents selling to merchants in ths [the] usual course of business, and they shall not apply to the sale of goods, wares, or merchandise in original packages from other states as permitted by the laws of Ch. 114.] ITINERANT VENDOR. 275 the United States' applicable to interstate commerce be- tween the states; and Provided, further, That the pro- visions of this act shall not apply to the sale of books, papers or school supplies, garden truck or farm produce. Sec. 3. Except as permitted by the preceding sec- License must tion of this act, it shall not be lawful for any person tot>® obtained. be engaged in any manner in the business of an "Itin- erant Vendor,'^ as defined by section 1, of this act, unless such person shall be duly licensed so to do under the pro- visions of this act. Sec. 4. The county clerk and recorder shall grant a county clerk county license to any person making due application errant license. therefor to engage in the business of an "Itinerant Vendor" who shall first file in the office of the county when, clerk and recorder a written certificate signed by any judge of a court of record in this State or by the ma- jority of the members of the board of county commis- sioners of the county in this State in which the applicant resides, stating that to the best knowledge, information and belief of the judge or commissioners making the cer- tificate the applicant for a license therein named is of good repute for morals and integrity, and that he is or has legally declared his intention to become a citizen of the United States. Such judge of a court of record or the county commissioners, before making any such certificate, shall require the applicant to make oath that he is theoath of person named therein; that he then is a citizen of the applicant. United States, or that he has legally declared his inten- tion to become such a citizen ; that in the business of an "Itinerant Vendor" he will comply with the laws of the United States, and the laws of the State of Colorado, and that in his business as an "Itinerant Vendor," he will not commit any fraud, sell any manufactured goods, wares or merchandise by any false or short weight or measure, or sell any goods, wares or merchandise as be- ing composed or manufactured in whole or part of ma- terial or ingredients different from which such manufac- tured goods, wares or merchandise are actually composed or manufactured, or sell any manufactured goods, wares or merchandise which are partly or entirely of a poison- ous character or nature, for the consumption of human beings, animals or fowls, or for application to the body, hair or skin of any human being or animal, and such 276 ITINERANT VENDOR. [Ch. 114. Oath certified, oath Shall be certified in writing upon the certificate by an officer duly authorized to administer oaths^ Fees for license g^c. 5. Every "Itinerant Vendor," before making any sale of manufactured goods, wares or merchandise in any county in this State shall procure a license from the county clerk and recorder of that county and pay the fol- • lowing named fees therefor, viz. : For each "Itinerant Vendor" traveling on foot, five dollars. For each "Itinerant Vendor" traveling on a bicycle or tricycle, fifty dollars. For each "Itinerant Vendor" traveling by carriage or other vehicle drawn by one horse or other animal, one hundred dollars. For each "Itinerant Vendor'^ traveling by carriage or other vehicle drawn by two or more horses or other an- imals, one hundred and fifty dollars. For each "Itinerant Vendor" traveling by automobile or other self-propelling vehicle or carriage, two hundred dollars. For each "Itinerant Vendor" traveling in any other manner than hereinbefore described, two hundred and fifty dollars. For each "Itinerant Vendor" doing business in any building, structure, tent, car, boat, stationary vehicle, storeroom or certain place of any kind for the exhibition and sale of any manufactured goods, wares or merchan- dise for each such building, structure, tent, car, boat, sta- tionary vehicle, storeroom or place, two hundred and fifty dollars, and for each assistant to any "Itinerant Vendor" in any county there shall be paid the sum of twenty-five dollars. Sec. 6. Application for an "Itinerant Vendor's" license shall be made in writing by the applicant to the county clerk and recorder for inspection and upon the payment of the proper license fee as indicated in section 5 of this act, whereupon the clerk shall issue to the ap- plicant a license authorizing him to do business as an "Itinerant Vendor" in that county for one year from the date of issuing such license in the particular manner de- scribed in such license, and such license shall be num- bered consecutively and name the persons authorized to Fee paid for assistant. Application in writing. When license issues. Term of license. Ch. 114.] ITINERANT VENDOR. 277 act thereunder not exceeding one principal and two as- sistants^ and a license shall not be transferable. Sec. 7. Each county clerk and recorder shall keep ^^^^rds kept uy county clerk on file all papers filed with him in connection with each license issued by him and he shall keep a record of all such licenses with the numbers^ and of all license fees paid to him, and of the names and residences of each person and assistant acting under each license issued by him, and all such files and records shall be open, to public inspection. Sec. 8. Ail fees paid to clerks of counties for licences Application granted under the provisions of this act shall be for the °^ '®®s- use of the county in which the license is granted. Sec. 9. Every person licensed as aforesaid as an Licensee post "Itinerant Vendor" shall post his name, residence and the"^™? ^"^^ , -1.,. . . ,. number where. number of his license m a conspicuous manner upon his pack parcels or vehicle or in a prominent place in his place of business, and when his license is demanded of him by any county officer, magistrate, sheriff, deputy Must show sheriff, constable or police officer, he shall forthwith ex- license. hibit it, and if he neglects or refuses so to do, he shall Refusal to shos be subject to the same penalty as if he had no license. license. Sec. 10. The license or licenses of any person who License void on may be convicted of a violation of any of the provisions ^^^^^^^ ^' of this act shall from the date of such conviction be null and void. Sec. 11. Whoever counterfeits or forges a license, Forged license. or has a counterfeited or forged license in his possession with intent to utter or use the same as true, knowing it to be false or counterfeit, shall be punished by a fine of penalty. not less than 25 dollars, nor more than 300 dollars, or by imprisonment in the county jail for a period of not less than 10 days, nor more than ninety days, or by both such fine and imprisonment. Sec. 12. Every "Itinerant Vendor^' who sells or ex- selling without poses for sale, either at public or private sale, in any ^ ncense. county in this State, any manufactured goods, wares or merchandise, without first having procured a license from the county in which he sells or exposes for sale such manufactured goods, wares or merchandise as provided for in this act, or files an application, original or supple- mentary, with the county clerk and recorder of any 278 ITINEBANT VENDOB. [Ch. 114. Breach of requirements. Penalty. Refusal to pay license. Action to recover fee. False statement county, which contains any false statement, or being in application, licensed according to the terms of this act fails to comply with all the requirements of this act, and every person, both principal or agent, who by circular, handbill, news- paper, or in any manner whatsoever advertises any such unlicensed sale shall be punished by a fine of not less than 10 dollars, and not more than 100 dollars, or by imprisonment in the county jail for a period of not less than 10 nor more than 90 days, or by both such fine and imprisonment. • Sec. 13. If a person who is liable for the payment of any license fee under the terms of this act, shall, after demand being made upon him by the county clerk and recorder of the county, in which such liability occurs, or by any sheriff or deputy sheriff of that county, refuses or neglects to pay to the county clerk and recorder the fee provided for' in this act, the said county clerk may, in his own name, but for the use and benefit of the county, be- gin and maintain against the delinquent "Itinerant Vendor" an action at law for the recovery of such license fee, and for the purpose of securing any judgment which he may recover in any such action, such county clerk may have the said goods, wares and merchandise of such "Itinerant Vendor" in his county attached and held in like manner as is provided for in cases of attachment. Sec. 14. If any person shall make any false or un- true oath for the purpose of procuring from any judge or county commissioner any certificate as provided for in section 4 of this act, he shall be held guilty of perjury and on convictiofi thereof in a court of competent juris- diction he shall be punished as is or may be provided hy law for the punishment of perjury committed in court on the trial of a cause. Sec. 15. If any licensed "Itinerant Vendor" or any assistant of any licensed vendor shall commit any fraud in the sale of any manufactured goods, wares or mer- chandise by any false or short weight or measure, or sell any manufactured goods, wares or merchandise as being composed or manufactured in whole or part of material or ingredients different from which such manufactured goods, wares or merchandise are actually composed or manufactured, or sell any manufactured goods, wares or merchandise which are partly or entirely of a poisonous Attachment of goods. False oath. Perjury. Fraud in sale of goods. Ch. 115.] JUDiciABY. 279 character or nature for the consumption of human he- ings, animals or fowls, or for application to the hody, hair or skin of any human being or animal, he shall be Penalty, punished by a fine of not less than thirty dollars and not more than three hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days, nor more than ninety days, or by both such fine and im- prisonment. Sec. 16. Justices of the peace shall have jurisdic- J"'^^^^^^" tion, concurrent with District Courts, to hear, try and °^ ^^^^^^ determine all civil actions, and all criminal proceeedings, arising under this act, or brought for the violation of any of the provisions of this act. Approved April 10, 1905. CHAPTER 115. JTJDICIAEY. THUM— ROLLIN. (H. B. No. a, by Mr. Dungan.) AN ACT TO CHANGE THE NAME OF FREDERICK THUM TO FREDERICK C. ROLLIN. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That the name of Frederick Thum, of Name changed. Montrose County, Colorado, be and the same is hereby changed to Frederick C. Rollin, and hereafter he shall be known, designated and go by the name of Frederick C. Rollin, instead of his former name, Frederick Thum. Sec. 2. In the opinion of the General Assembly an Emergency. emergency exists ; therefore, this act shall be in force and take effect from and after its pasasge. A-Pproved April 10, 1905. 280 JURORS. [Ch. 116. CHAPTER 116. JTTBORS. Ground for excuse and challenge. Repeal. (S. B. No. 112, by Senator Taylor.) AN ACT CONCERNING JURORS. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That the fact that any person summoned in any way to serve as a juror in any district or county court shall have served as a juror in either of said courts, at any prior term, within one year next preceeding, shall be a sufficient excuse for such person from service, and may also be ground for challenge for cause to such indi- vidual summoned. Sec. 2. All acts and parts of acts in -conflict or in consistent herewith, are hereby repealed. Approved April 10, 1905. Ch. 117.] JURORS. 281 CHAPTER 117. JITBOBS. (H. B. No. 193, by Mr. Smith.) AN ACT ENTITLED AN ACT TO AMEND SECTION EIGHT OF CHAPTER SIXTY-ONE (THE SAME BEING GENERAL SECTION 1898) OF THE GENERAL STATUTES OF COLORADO 1883 ENTITLED "JURORS." Be it Enacted l)y the General Assembly of the State of Colorado: Section 1. That section eight of chapter sixty-one Amended, (the same being general section 1898) of the General Statutes of Colorado 1883 entitled "Jurors" be and the same is hereby amended so as to read as follows: Sec. 8. State and county officers, judges and clerks Persons exempt of courts, justices of the peace, and constables, attor-'^om jury neys and counselors at law, persons engaged as officers ^®''^°®" .in the active management of railroad, telephone and telegraph companies, and editors and reporters when employed actively upon newspaper publications and per- sons who are sixty years of age, shall not be required to serve as jurors, if he or they shall ask to be excused from such service. No person shall be required to Non-residents serve as a juror except in the county where he ^'^" °xemT-exce t sides, or in the county to which the county of his resi- ®^®™^ ^^^^^ ' dence may be attached for judicial purposes. That oJ^^Qro^nd for is a professional gambler or that he keeps a house, room chaiienge^to or other place in which gambling is carried on, shall the pou. be a ground of challenge to the poll. Approved April 6, 1905. 282 JUSTICE OP THE PEACE. [Ch. 118. CHAPTER 118. JirSTICE OF THE PEACE. ATTACHMENT. (S. B. No. 106, by Senator Wood.) Amended. Amended. File affidavit. Indebtedness. AN ACT TO AMEND SECTION ONE OF AN ACT ENTITLED "AN ACT TO AMEND THE ATTACHMENT LAWS IN JUSTICE COURTS OF THE STATE, AS PRESCRIBED BY DIVISION 6 OF CHAPTER 62 OF THE GENERAL STATUTES OF THE STATE OF COLORADO OF 1883," APPROVED APRIL 8, 1895. Be it Enacted by the Oeneral Assembly of the State of Colorado: Section 1. That section 1 of act entitled "An act to amend the attachment laws in justice courts of the State, as prescribed by division 5 of chapter 62 of the General Statutes of the State of Colorado of 1883," approved April 8, 1895, be and the same is hereby amended so as to read as follows: Sec. 1. That section 77 of chapter 62, the same being general section 2000 of the Statutes of Colorado, be and the same is hereby amended so as to read as follows : Sec. 77. If any creditor or credible person for him, shall make and file with any justice of the peace his affi- davit setting forth that the defendant in such affidavit named is justly indebted to such xireditor in a sum of money not exceeding three hundred dollars, upon a con- tract expressed or implied, stating the amount of such indebtedness, as near a^ may be, and shall also allege any one or more of the following grounds of attachment : Foreign ration. corpo- Non-resident. First. That the said debtor is a foreign corporation. Second. That the said debtor is not a resident of this state. Debtor conceals Third. That the said debtor conceals himself or himself. stands in defiance of an officer, so that process of law Ch. 118.] JUSTICE OF THE PEACE. 283 cannot be served upon him, or that said debtor has been Absence-where- for four months last past absent from the State, or thatabouts un^- for four months the whereabouts of said debtor have been known. unknown, and the debt for which suit is brought has been due during the said period of four months. Fourth. That the said debtor has departed or isi>eparture from about to depart from this State, with intent to have his ^^\^^ ^^^'^ ^''^p- property or a material part thereof, removed from the ^^ ^' State, or that said debtor is about to remove his property from the State with intent to hinder, delay or defraud his creditors. Fifth. That said debtor has conveyed, transferred Transferring or assigned or is about to convey, transfer or assign his property. proijerty, with intent to hinder, delay or defraud his cred- itors. Sixth. That said debtor has concealed, removed or concealment, disposed of or is about to conceal, remove or dispose of removal ^^^^^' his property with the intent to hinder, delay or defraud ^°^ ^ ^^ his creditors. Seventh. That the said debt is for an article or Failure to pay articles the price or value of which should have been paid on delivery. at the time of the delivery thereof, and which the said debtor failed or refused to do. Eighth. That the debt is for work and labor, or for Debt for labor any services rendered by the plaintiff, or his assignor, at or services. the instance of the defendant. Ninth. That the debt is for farm products, house Debt for rent, i^nt, household furniture and furnishings, fuel, groceries clothing, etc. and provisions, clothing and wearing apparel for the debtor and his family or any of them, or for any of said articles. Tenth. That the said debtor fraudulently contracted Fraudulently or incurred the debt, or by false representation or false contracted, pretense, or by any other fraudulent pretense, procured the money, goods, chattels or effects of the plaintiff, the justice of the peace may,- at the time of issuing the sum- j^g^j^j^ igg^e mons i^ the action, or at any time afterwards before final writ of attach- judgment in the action, issue a writ of attachment against ment— when. the personal property of the said debtor within his county, Against prop- not by law exempt from execution, as security for any erty not exempt, judgment which the plaintiff may recover in said action. Approved April 10, 1905. 284 LABOR. [Oh. 119. CHAPTER 119. LAtiOB. EIGHT HOUR DAY. (H. B. No. 1, by Mr. Stephen.) AN ACT TO DECLARE CERTAIN EMPLOYMENTS INJURIOUS AND DAN- GEROUS TO HEALTH, LIFE AND LIMB; REGULATING THE HOURS OF EMPLOYMENT IN UNDERGROUND MINES AND OTHER UNDERGROUND WORKINGS, IN SMELTERS AND ORE REDUCTION WORKS, IN STAMP MILLS, IN CHLOR- INATION AND CYANIDE MILLS, AND EMPLOYMENT ABOUT OR ATTENDING BLAST FURNACES, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. In what cases labor declared injurious to health, life and limb. Employment in such cases eight hours per day, .except. Verified report of emergency, to be made to Bureau of Labor Sta- tistics. Be it Enacted by the General Assembly of the State of Colorado: Section 1. All labor of miners in underground mines, or other underground workings and labor directly at- 'tending blast furnaces, either in smelters or in ore reduc- tion works, in directly attending stamp mills, chlorina tion and cyanide processes and directly attending smelt- ing furnaces producing metal or matte, which labor is in contact with noxious fumes, gases or vapors, is hereby declared dangerous and injurious to health, life and limb; and the period of employment for all persons so employed in underground mines or other underground workings, attending blast furnaces either in smelters or in ore re- duction works, in stamp mills, in chlorination and cyan- ide mills, and attending smelting furnaces producing metal or matte, shall be eight hours per day; expept in cases of emergency, where life or property is in immi- nent danger. Sec. 2. Every person, body corporate, agent, man ager, superintendent, employer, president or directors shall, in every case of such emergency, make to the Com- missioner of Bureau of Labor Statistics, within ten (10) Ch. 120.] LARIMER COUNTY. 285 days after the commencement of* such emergency, a re- port, according to the form which may be prescribed by him, verified by the oath or affirmation of such person, employer, agent, manager, superintendent, president or director; each report shall exhibit in detail the circum- stances creating such emergency. Sec. 3. Any violation of this act shall constitute a Misdemeanor, misdemeanor and be punished by a fine of not less than Penalty. fifty dollars (f50) nor exceeding three hundred dollars (1300). Approved March 21, 1905. CHAPTER 120. lAEIMEE COUNTY. (S. B. No. 337, by Senator Drake.) AN ACT TO FIX THE CLASSIFICATION OF LARIMER COUNTY CONCERN- ING THE FEES TO BE COLLECTED BY COUNTY OFFICERS THEREIN. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That for the purpose of fixing fees county of chargeable and to be collected by county, precinct and ^^^''^ °^^^^* other officers therein, the County of Larimer shall belong to and be known as a county of the third class. Approved April 10, 1905. 286 LIVE STOCK. [Ch. 121. CHAPTER 121. LIVE STOCK. (H. B. No. 837, by Mr. Cannon.) AN ACT FOR THE RELIEF OF ANIMALS INJURED ON THE RIGHT OF WAY OF RAILROAD COMPANIES. Duty of rail- road employes to any animal Injured upon right of way. Agent notify owner. No act by com- pany to be construed as an admission of liability, or waiver of claim by owner. Be it Enacted oy the General Assembly of the State of Colorado: Section 1. Whenever any horse, cow or other ani- mal is injured by a train or otherwise on the right of way of any railroad company it shall be the duty of track- walkers, section men, brakemen, conductors, firemen, en- gineers and other employes of said company to care for such animal at once and report the facts to the nearest station agent aud then notify the State Board of Stock Inspection Commissioners. It shall be the duty of the agent to give immediate notice, when possible, of the condition of such animal to the owner or his agent whose duty it shall be forthwith upon receipt of notice to have such animal properly cared for. When immediate notice to the owner is not possible it shall be the duty of the station agent to have such injured animal properly cared for without delay. Sec. 2. No act of the said railroad company, its em- ployes or agents or of the owner of such injured animal shall be held to be an admission of liability or responsi- bility on the part of the said company for the injury of the said animal nor a waiver or relinquishment by said owner of any right or claim to damages from said com- pany. ' I Approved April 6, 1905. Ch. 122.] LIVE STOCK. • 287 CHAPTER 122. nVE STOCK. DIPPING OR SPRAYING. (S. B. No. 195, by Senator Drake.) AN ACT TO EMPOWER THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS TO COMPEL THE DIPPING, SPRAYING OR OTHER SANITARY TREATMENT OF CATTLE OR OTHER DOMESTIC ANIMALS INFECTED WITH, OR EXPOSED TO, MANGE, SCABIES OR OTHER INFECTIOUS OR CONTAG- IOUS DISEASES, TO SEIZE AND TREAT THE SAME AND TO SELL THE SAME FOR THE COSTS AND EXPENSE OF SUCH SEIZING, TREATMENT AND SALE, AND TO CALL UPON COUNTY PEACE OFFICERS TO ASSIST IN MAINTAINING QUARANTINE. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. Whenever it shall become known to the State Board of Stock Inspection Commissioners that a disease known as mange, itch or scabies, or any other in- fectious or contagious disease, exists among the cattle, sheep, horses or other domestic animals of any county, district or section of the State, it shall be the duty of the Duty of board said State Board of Stock Inspection Commissioners to to prevent take such steps as will prevent the spread of said disease ^p^®^ ^' within the State and said board shall have the power, as a sanitary measure, to inspect and compel the dipping, spraying or other sanitary treatment as may be deter- mined by said board, of all such animals in the State of Colorado or in any county, district or section of said State, under such rules and regulations as the said board may adopt, and said board may order the owner or owners Qr^er owners or persons in charge of such animals to dip, spray or to dip. otherwise treat all or any part of such animals as said board mav find to be infected with, or to have been ex- 288 LIVE STOCK. [Ch. 122. Board dip if owners fail- stock sold to pay expenses. Notice of sale. Service of notice. Proviso. Surplus paid to owner, or to estray fund. Quarantine. Board call on officers to assist posed to, mange or scabies, or other infectious or con- tagious disease. If the owner or owners of [or] person in charge of such animals so ordered treated, shall, after rea- sonable notice to be determined by said board, fail to dip, spray or otherwise treat such animals as ordered by said board, then the said State Board of Stock Inspection Com- missioners is hereby authorized to seize, or cause to be seized, dipped, sprayed or otherwise treated, such animals and to hold and sell the same, or such part thereof as may be necessary to pay all cost of said inspection, seizing, caring for, dipping, spraying or other treatment, together with cost of sale, and such sale shall be made at such time and place, and in such manner as may be prescribed by said board after not less than three days' nor more than fifteen days' notice of the time, place and purposes of such sale has been given by said board to the owner or owners or person in charge of said animals, and in case personal service of such notice can not be had within the county in which the animals are being held by said board, then such notice may be given either by personal service outside of said county, or by advertisement in the official State live stock paper; Provided, however. That the owner .or owners of such animals so seized and held may at any time prior to such sale, recover possession of the same upon payment to the State Board of Stock Inspection Commissioners of the amount of the costs incurred by order of the board against such animals; And Provided further, That any sum realized from the sale of such animals over and above the amount of costs actually incurred against such ani- mals shall be returned by the board to the owner of such animals if known, or can by reasonable diligence be found, otherwise to be placed in the estray fund subject to the law in effect regarding this fund. Sec. 2. Whenever the State Board of Stock Inspec- tion Commissioners deem it necessary to quarantine any county, district or section of the State for the purpose of preventing the spread of any infectious or contagious dis- ease among the domestic animals within the State, the said board shall have the authority through its members, officers or inspectors, to call on all sheriffs, constables or other peace or police officers of any county or counties within the State, to assist in maintaining such quarantine and to arrest anyone who may violate such quarantine or any rules or regulations made by said board for the pur- Ch. 123.] LUNATICS. 289 pose of maintaining such quarantine, and it shall be the Duty of offlcery. duty of all sheriffs, constables or other peace officers to act in such cases when so called upon and they shall be al- lowed such fees or recompense as is provided by statute Fees, for similar services. Sec. 3. In the opinion of the General Assembly an Emergency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 5, 1905. CHAPTER 123. LXTNATICS. (S. B. No. 181, by Senator Anfenger.) AN ACT TO AMEND SECTION 29 OF CHAPTER 69 (THE SAME BEING GENERAL SECTION 2232) OF THE GENERAL STATUTES OF COLORADO, 1883, ENTITLED "LUNATICS." Be it Enacted by the General Assembly of the State of Colorado: Section 1. That Section 29 of Chapter 69 (the same Amendment being general section 2232) of the General Statutes of Colorado, 1883, entitled, "Lunatics," be, and the same is hereby, amended so as to read as follows : Sec. 29. No inquest of lunacy shall be held until at Notice of least ten days' previous notice shall have been given to inquest by the alleged lunatic, and to the guardian ad litem to be citation. appointed by the court, by citation issuing out of the county court, setting forth the substance of the complaint, and the time and place when and where such inquisition will be held, and requiring the alleged lunatic to attend, unless the alleged lunatic shall waive such notice and^j^j^^j.^ elect that the inquest shall sooner be held : Provided, proviso. That when the guardian ad litem, appointed by the court, and the examiner in lunacy endorse upon the citation issued to the alleged lunatic that it would be for the best 290 M0BT6A6ES. [Ch. 124. Proviso. Inquest of lunatic charged with crime— notice to district attorney. Support of insane pauper. interests of the said alleged lunatic to hold an inquest of lunacy forthwith, or upon less than ten days' notice, upon the approval of the County Judge, the said alleged lunatic not objecting thereto, the inquest of lunacy may be held forthwith, or upon less than ten days' notice, and without further notice or citation ; Provided further, That every inquest concerning the lunacy of any person shall be brought and conducted in the name of the People of the State of Colorado, and shall be prosecuted by the County Attorney of the respective counties, unless there be no such County Attorney, or said County Attorney be absent, unable or unwillins: to act, when and in such cases, the County Judge shall appoint a duly qualified at- torney or other suitable person to prosecute said inquest; And provided further, that no inquest shall be had as to the lunacy of any person charged with a criminal offense until like notice has been given to the District Attorney or other officer charged by law to prosecute such offense, and that nothing in this chapter shall be so construed as to exempt the relatives and next of kin to any insane pauper from their liability for his or her sup- port; and all moneys expended by any county for the maintenance of any such insane i)erson, under the pro- visions of this chapter, may be recovered of the person or persons who are or may be liable by law for his or her maintenance. Approved April 10, 1905. CHAPTER 124. HOBTGAGES. (H. B. No. 94, by Mr. Thomas.) AN ACT CONCERNING FORECLOSURE OF MORTGAGES, DEEDS OF TRUST AND OTHER LIENS. Be it Enacted hy the General Assembly of the State of Colorado: Foreclosure Section 1. No mortgage, deed of trnst t)r other se- upon property cnrity, constituting a lien or encumbrance upon any prop- Ch. 124.] MORTGAGES. 291 erty, real or personal, owned by any person at the date of one deceased of his death or at the date of the adjudication of ^is ^^^J^^^^ ^°™p°" mental incompetence, shall be foreclosed except as fol- lows : (a) If letters testamentary or of administration Foreclosure or conservatorship issue within one year from such death ^^y ^^ ^^^^ or adjudication from the county court in this state hav- ^y^^^^j^j^® J®^ ing jurisdiction of the matter, such mortgage, deed of of court, if trust or other security may be foreclosed within such letters issue. year, otherwise than by suit, only by permission of such county court, which permission, if the indebtedness se- permission cured be a claim against the estate of the decedent or granted upon mental incompetent, shall not be granted until, such ^^^^^ ®' claim, claim shall have first been proved and allowed, or (if the amount secured be not a claim against the estate) until the validity of the lien or encumbrance and the amount secured thereby shall have first been duly proved. (b) If no letters testamentary or of administration if no letters or conservatorship issue within one year from such death issue, fore- or adjudication from the county court having jurisdic- ^^dT as"iT ^ tion of the matter, such mortgage, deed of trust or other ^^th ^d not security may thereafter be foreclosed as though there occurred. has [fiad] been no such death or adjudication. (c) Any such mortgage, deed of trust or other se- By suit in curity may be foreclosed at any time by suit in any^^^^^^ °^ court of competent jurisdiction; and must be foreclosed ^^™g^®^®]^^jj by such suit if letters are issued as aforesaid and the in- debtedness secured shall not have been proved and al- indebtedness low^ed as a claim against the estate, or (in case of no'^^^ proved and allowed as claim existing against the estate) the validity of the lien ^^^^^^ against or encumbrance and the amount secured shall not have estate. been duly approved, as herein above required. No de- ficiency judgment shall be rendered against an estate No deficiency in any such case if the foreclosure suit be not begun Ju<Js"^ei^t— within one year from the issue of letters unless the in-"'^^^^' debtedness shall have been within such year presented for proof and allowance as a claim against said estate. Sec. 2. Nothing in the foregoing section shall Not construed be construed to abate any suit for foreclosure pending at ^^ ^^ abate- the date of such death or adjudication, or to effect any"™®'^' proceedings in a foreclosure, otherwise than by suit, if sale in such proceedings shall have been actually made before such death or adjudication. 292 ORDINANCES. [Ch. 125. Ltlen not afFected by suspension of remedy. Kepeal. Emersrency. Sec. 3. The lien of any mortgage, deed of trust or other security shall not be affected by any suspension of remedy herein provided for. Sec. 4. All acts and parts of acts ' in conflict with the provisions of this act are hereby repealed. Sec. 5. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after the date of its passage. Approved April 10, 1905. CHAPTER 125. OSDINANCES. GRANTING FRANCHISES. (H. B. No. 184, by Mr MacLeod.) AN ACT ENTITLED AN ACT CONCERNING THE INITIATION, INTRODUC- TION, PUBLICATION AND PASSAGE OF ORDINANCES GRANTING FRANCHISES OR LICENSES FOR STREET RAIL- WAYS, ELECTRIC LIGHT WORKS, TELEGRAPH AND TELE- PHONE SYSTEMS IN INCORPORATED TOWNS AND CITIES OF THE FIRST AND SECOND CLASS; AND REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT HEREWITH. Franchises given only as prescribed in this act. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. No franchise or license giving or grant- ing to any person or persons, corporation or corporations, the right or privilege to erect, construct, operate or maintain a street railway, electric light plant or system, telegraph or telephone system within any city or town, or to use the streets or alleys of a town or city for such purposes, shall be granted or given by any city of the first or second class or by any incorporated town in this State in any other manner or form than by an ordinance passed and published in the manner hereinafter set forth. Ch. 125.] ORDINANCES. 293 Sec. 2. Any person or persons, corporation or cor- Applicant porations desiring to secure a franchise or license for publish notice any of the purposes in section 1 hereof named, shall ^f intention to cause a notice of his, its or their intention to apply to^^^^^' the board of trustees of any incorporated town or city council of any city of the first or second class for the passage of an ordinance granting such franchise or license, to be published in a newspaper of general circu- lation published in such city or town, for a period of not less than two (2) weeks in cities of the first or second class, and of hot less than ten (10) days in incorporated where and towns, immediately prior to the next regular meeting of ^hen published. the board of trustees or city council, at which it is in- tended to apply for the passage of the ordinance granting or giving such franchise or license; and such notice shall specify the regular meeting of the board of trustees or city council at which it is intended to apply for such Notice shaii franchise or license, the name or names of the applicant contain. or applicants therefor, a general description of the rights and privileges to be applied for, and the time for and terms upon which such franchise or license is desired. Such publication to be daily if there be a daily paper of proviso- general circulation published in such city or town, other- publication. wise to be in a weekly paper of general circulation, if any, published in such city or town; provided that if there be no newspaper of general circulation published within the city or town, then and in such case; such notice may be published by posting copies thereof in six (6) public places for the same length of time. Sec, 3. Every such ordinance shall be read at least ordinance read twice in full, once at the time of its introduction, and twice. again before the question of its passage is voted upon. No board of trustees of any town or city council of any city shall permit any such ordinance to be introduced or read for the first time at any meeting other than the • regular meeting specified in such notice, nor unless Proof of proof of compliance by the applicant with section 2 publication of hereof shall be first presented to such board or council '^<^*°®- in the form of a publisher's affidavit of publication or a certificate of the town or city clerk of the posting of such notice; when such ordinance has been introduced and read for the first time, the city council or board of trus- Further tees, if it shall desire to further consider the granting consideration of the rights or privileges sought for thereby, shall order ^^ application. the same to be published daily in a paper of general cir- 294 OKDINANCES. [Oh. 125. Ordinance published. Where and when published. Proviso— no newspaper. Ordinance must be once read and published before passage. Certificate of reading and publication. Majority of city council required for passage. Mayor has no vote. Construction of act. Repeal. Emergency. eulation published in such city or town for a period of not less than two (2) weeks prior to the time such ordi- nance is again read and put upon its passage; provided if there be no paper of general circulation published daily in such city or town, such publication shall be made in a paper of general circulation pub- lished weekly in such city or town; or if there be no such paper published daily or weekly, such publication shall be made by posting copies of such proposed ordinance in at least six (6) public places in such city or town for the same period of time; and no such ordinance shall be adopted or passed by any board of trustees of any town or city council of any city unless the same has been previously introduced and read and publication first made as herein provided for; all of which such previous introduction and reading of such ordinance and the fact of its publication in [a] news- paper or by posting shall appear in the certificate and the attestation of the clerk on such ordinance after its adoption. Sec. 4. Every such ordinance shall require for itb passage or adoption the concurrence of a majority of all the members of the city council of any city or board of trustees of any incorporated town; provided that the mayor of cities of the first and second class shall not vote in the case of a tie or otherwise upon the passage oi adoption of any such ordinance. Sec. 5. Nothing herein shall be construed as in any way modifying or restricting the right of cities and towns to purchase or erect electric light works in the manner now provided for by law. Sec. 6. All acts or parts of acts in conflict herewith are hereby repealed. Sec. 7. In the opinion of the General Assembly an emergency exists; therefore, this act shall take efifect and be in force from and after its passage. Approved April 6, 1905. Ch. 126.] PARENT AND CHILD. 295 CHAPTER 126. PABENT AND CHILD. (S. B. No. 13, by Senator Anfenger.) AN ACT CONCERNING THE SUPPORT BY PARENTS OR OTHERS OF CHILDREN COMMITTED TO THE CARE OR CUSTODY OF STATE INSTITUTIONS. Be it Enacted T)y the General Assembly of the State of Colorado: Section 1. The commitment of any child, under any Commitment law of this State, to any State institution, shall not re- ^^es not lieve the parents or legal guardian of such child from re- fro^™ support!^ sponsibility for the support of such child. It shall be . the duty of any court committing any child to any State court to notify institution, or any private institution, where such child district or is kept at the expense of the county or State, at the time county of sach commitment to forthwith notify the district at- ^"^^J"^^^^ torney, if a State expense, and the county attorney, if a address of county expense, of the name and address of such parent parents. or parents, and such other information as may be ad- information duced at any hearing of such case concerning the finan- concerning cial responsibility of such parent or parents to care ^^r^^^^^^^i such child, and in order to obtain such information any ^^^p^J^^j^^g ^ court committing any such child, at the time of such commitment is authorized and empowered to require court may the attendance of such parent, parents or legal guardian, require upon such court, or at any convenient time to be desig- attendance of nated by the coutt, to be examined under oath concern- guardian!^ ing their property posessions and financial responsibility. Sec. 2. The State of Colorado, or the county, as the state or county case may be, at whose expense such child is kept, shall may recover be entitled to recover from such parent, parents or legal ^^o^nt^for guardian or other person responsible for the support of g^port from such child, such sum for the care, support and mainten- parent or ance of such child a« may be reasonable therefor, and in guatdian. no case shall such sum be less than the per , capita 296 PARENT AND CHILD. [Oh. 126. Sum not less than per capita expense. Procedure as In civil cases. Action brought in name of State. Amount recovered paid into State treasury. Action brought in name of county commissioners. Amount recovered paid into county treasury. Execution may Issue against defendant's property. District and county attorneys report to Governor nature and result of actions. Reason of failure to take action. Court costs paid by county commissioners. No repeal. monthlj or yearly amount of such expense in the institu- tion in which the child is confined, or actual expense in- curred by the State or county, as the case may be, for the care and maintenance of such child. Any such action or proceedings by the State or county against any such parent shall be conducted in accordance with the proced- ure in civil cases; Provided, That in case any such action be maintained by the State the same shall be brought in the name of the People of the State of Colo- rado, and any moneys recovered in any such action shall be paid to the State Treasurer and credited to the par- ticular fund for the benefit of the institution having the custody and care of such child. If such action is main- tained by the county in such cases where the county pays the expense of the care and maintenance of such child, such action shall be in the name of the board of county commissioners of such county, or other body per- forming the functions of a board of county commis- sioners, and any amount collected in any such action shall be paid to the county treasurer of such county, when such action shall be prosecuted to final judgment and such judgment rendered in any such cause in favor of the People of the State of Colorado, or the board of county comissioners of the county prosecuting such action, as the case may be, an execution may issue against the property of the defendant, as in other civil cases. Sec. 3. On or before the first day of December of each year it shall be the duty of the district attorney and the county attorneys respectively to make a written report to the Governor of the State, stating the number of re- ports provided for herein, received from the courts of the county or State, and the nature and result of any action directed herein by such officers resi)ectively to re- cover from such parents the expenses Of the care and maintenance of such children. In caSe no such action has been taken, such report shall detail the reason for the failure of such officer to take such action. It shall be the duty of the county commissioners to pay any court costs or other expenses necessary for the prosecution of any suit provided for herein. Nothing in this act shall be construed to repeal any law of this State concerning the responsibility of parents to support their children or providing for the punishment of parents or other persons responsible for the delinquency or dependency of children; Ch. 127.] PUBLIC HEALTH. 297 or providing for the punishment of any parent or par- ents for the non-support of their children, and nothing in such acts shall prevent proceedings under this act in any proper case. Sec. 4. Provided, that an appeal shall lie to the Dis- Appeal from trict Court from any judgment of said County Court ^^""^^ ^^ ,,. '^%' J XT-' X District Court. rendered m pursuance of, or under this act. Approved April 10, 1905. CHAPTER 127. PUBLIC HEALTH. '(H. B. No. 110, by Mr. Frewen.) AN ACT TO AMEND SECTIONS 33, 46, 47 AND 49 OF AN ACT ENTITLED; "AN ACT TO, PRESERVE THE PUBLIC HEALTH, TO CREATE LOCAL BOARDS OF HEALTH, TO DEFINE THE DUTIES AND POWERS OF SUCH BOARDS AND TO MAKE CERTAIN ACTS MISDEMEANORS, AND PROVIDE FOR THE PUNISHMENT THEREOF, AND TO REPEAL ALL ACTS IN CONFLICT HEREWITH," APPROVED APRIL 17,. 1893. Be it Enacted "by the General Assembly of the State of Colorado: Section 1. That section 46 of said act be and the Amended. same is hereby amended to read as follows, to-wit: Sec. 46. It shall be the duty of all physicians, sur- Registry of geons and midwives to keep a registry of all births and births and deaths at which they have professionally attended, show- ?®^!^! ^ ^® ing in case of birth, the time an(J place of birth, name of professional the father, maiden name of mother, residence, sex, color attendant. of child, whether it be born alive or dead, and shall make report of such birth to the local board of health within one week of the date of birth ; Providing, That when two or more surgeons, physicians or midwives may have at- oldest tended professionally at any birth, the surgeon, physi- attendant clan or midwife who is oldest In attendance shall make "^^® report. the report. 298 PUBLIC HEALTH. [Ch. 127. Amended. Report of antitoxin products sold. Report— when made. Amended. Monthly- reports of local boards of health. Emergency. Sec. 2. That section forty-seven (47) of said act be and the same is hereby amended to read as follows, to- wit: Sec. 47. It shall be the duty of all those engaged in selling, handling or manufacture of drugs, sera, anti- toxin, vaccines or other pharmaceutical products, to make a report to the local board of health of all anti- toxin sold by them, stating to whom such antitoxin was sold and the date on which it was sold; if purchased upon a prescription of a physician, the name of the purchaser, as well as the name of the physician ordering the anti- toxin. Such reports shall be made within twelve (12) hours of the date of sale. Sec. 3. That section forty-nine (49) of said act be and the same is hereby amended to read as follows, to- wit: Sec. 49. "All boards of health which exist now, or may be established by the provisions of this law, shall report to the State Board of Health on the fifth (5) day of each month, all marriages, births, deaths and other information required by the State Board of Health, oc- curring in their respective districts." Sec. 4. In the opinion of the General Assembly an emergency exists; therefore, these amendments shall take effect from and after their passage. Approved April 10, 1905. Oh. 128.] PUBLIC PARKS. 299 CHAPTER 128. PUBLIC PAEKS. (S. B. No. 232, by Senator De La Vergrne.) AN ACT AUTHORIZING CITIES OF THE FIRST OR SECOND CLASS TO ACQUIRE, ESTABLISH AND MAINTAIN PUBLIC PARKS OR PLEASURE GROUNDS, BOULEVARDS, PARKWAYS, AVE- NWES, DRIVEWAYS AND ROADS, ESTABLISHING A PARK COMMISSION AND DEFINING ITS POWERS AND DUTIES, AND REPEALING ALL ACTS INCONSISTENT THEREWITH. Be it Enacted by the General Assembly of the State of Colorado: Section 1. Any city of the first or second class shall May acquire have authority in the manner hereinafter provided, to and maintain acquire, establish and maintain public parks or pleasure P^^ks. grounds within or without the corporate limits of such city, and boulevards, parkways, avenues, driveways and roads without the corporate limits; Provided, The same p^^^jg^ are within at least ten miles of the corporate limits. Sec. 2. Lands for any of the purposes mentioned in Lands, how section 1 hereof may be acquired by the city either by acquired. gift, devise or purchase, but no land shall be purchased Lands for such purposes until the question shall have been first purchased must submitted, as is hereinafter provided, to those qualified ^e ratified electors of such city who shall in the year next preceding ^^ electors. have paid a real property tax therein. Lands given or Lands given devised to such city for the purposes herein in^iitioned ^^^^p^^^^^^. shall be accepted or refused by ordinance passed by the refused by common council of such city. city council. Sec. 3. The care, custody, management and control care and of such parks, pleasure grounds, boulevards, parkways, control of avenues, driveways and roads shall be vested ^^"fn a^^aHt^^^ clusively in a park commission which shall be composed coi^j^rgsion. of six members who shall be electors and tax payers in said city, and well known for their ability, probity and commission public spirit, one of whom shall be president of the com- composed of. 300 PUBLIC PAEKS. [Ch. 1^8. Mayor appoint commission. Terms of office. How determined Vacancies, how filled. No compensation. No member shall be interested in any contract relative to said park. Effect of acceptance of other public office. Commission may employ secretary. Salary. Duties. City provide office and supplies. Superintendent of parks. Duties. . A.ssistants • salaries. mission. The mayor of the city shall, with the advice and consent of the city council, appoint for and on behalf of such city, such park commissioners who shall hold oflSce, one-third for two years, one-third for four years and one- third for six years, from the first of July followiiig their appointment, and at their first regular meeting they shall cast lots for their respective terms, and biennially there- after and on or before the first day of July, the members of said commission whose terms of office shall not then expire shall elect two members having the qualifications aforesaid, for the ensuing six years, to take the place of the retiring members. All vacancies in such park com- mission arising from any cause shall be filled by election by the remaining members thereof. Sec. 4. The commissioners shall serve without com- pensation except for their actual disbursements, approved by the mayor. No member of the said commission shall be interested, directly or indirectly, in any contract re lating to the establishment or maintenance of any of the properties mentioned in section 1 hereof, or in any con- tract providing for the expenditure of any money in rela tion thereto; and any commissioner shall be considered as vacating his office upon the acceptance of any other public office. Sec. 5. The commission may employ a secretary at a salary not exceeding twelve hundred dollars ($1,200) per annum, to be fixed by the commission, payable out of the park fund, who shall keep a record of all proceedinsrs of the commission, have custody of and preserve all its records, and perform such other duties as may be pre- scribed by the commission. Sec. 6. The commission shall be provided by the city with convenient offices, stationery and the faoilities necessary for the performance of its duties as by the commission deemed necessary and advisable. Sec. 7. The commission may appoint a superintend- ent of parks, who shall be a practical landscape gardener, who shall, under the direction of the commission, have active charge, control and direction of all the parks, pleasure grounds, boulevards, parkways, avenues, drive- ways and roads which are under the control of the com- mission, and perform such other duties as may be pre- scribed by the commission, with such other assistants, and at such salaries payable out of the park fund, as may Ch. 128.] PUBLIC PARKS. 301 be authorized by the commission, with the approval of the mayor. Sec. 8. The commission shall hold a regular meet- Meetings of ing on the first Tuesday of each month, and may by rule commission, provide for special meetings and service of notice thereof. A majority of the members shall constitute a quorum, Quorum. and no action of the commission shall be binding unless authorized by a majority of the members at a regular or duly called special meeting thereof. Sec. 9. The commission shall, with the approval of Expenditures the mayor, have full, complete and exclusive power and ^or park authority to expend for and on behalf of the city,, all P^^P^^^ea. sums of money that may be raised by general taxation for park purposes, and all other sums of money appropri- ated by the council from the general revenues for the same purposes; and all mioneys that may be realized by the commission from the sale of privileges in or near the parks of the city, or realized from the sale of the general bonds of the city and set apart for park purposes, or from the sale of the park bonds hereinafter provided for. Sec. 10. The fiscal year of the park commission shall Fiscal year, end on the thirty-first day of December of each year, and during the month of January of each year the commis- sion shall make an annual report to the mayor and city Annual report, council of all moneys received and expended in the pur- chase, improvement and maintenance of parks, showing when, where, how and in what manner the same were received, expended, and what improvements have been made during the year preceding the report. Sec. 11. The commission shall have exclusive man- commissioH agement and control of all parks, pleasure grounds, iias boulevards, parkways, avenues, driveways and roads as exclusive mentioned in section 1 of this act, and exclusive power ^^^^«^^^^^ J 1 j_ ii T. ,1 -., '^,.,. 3'Ua control to lay out, regulate and improve the same, and to prohibit of park. certain or heavy traffic therein and thereon, and to grant or refuse licenses to vend goods on the streets or side- ^f^se ^^ walks within three hundred feet of any park entrance ifcenses. and on the streets and sidewalks adjoining parks, and Rules and shall establish and maintain necess^y rules and regula- regulations. tions for the proper supervision and government thereof. The commission shall have such additional powers relat- Additional ing thereto as may be prescribed by ordinance, and the powers. council shall, by ordinance, provide for the enforcement Enforcement of the rules and orders of the commission. of rules. 302 PUBLIC PAKKS. [Ch. 128. No f ranehise- for railway within park. No franchise of special prlvUegre within park. Devises and bequeaths to city for park purposes. Under control of commission. Lands acquired by purchase. Question of purchase submitted to electors. Manner of voting on question. Incurring of debt or Issuance of bonds submitted to electors. No franchise, license or permit for the construction or maintenance of any railway shall ever be granted within the limits of any park or pleasure ground, or lengthwise upon any boulevard, parkway, avenue, drive- way or road. Nor shall any franchise for the mainten- ance of any other special privilege within any park or pleasure ground be granted. Sec. 12. Real or personal property may be granted, bequeathed, devised or conveyed to the city for the pur- pose of the improvement or ornamentation of any park, pleasure ground, boulevard, parkway, avenue, driveway or road, or for the establishment or maintenance in parks or pleasure grounds of museums, zoological or other gar- dens, collections of natural history, observatories, libra- ries, monuments or works of art, upon such trusts or con- ditions as may be approved by the commission; and all such property or the rents, issues and profits thereof shall be subject to the exclusive management and control of the commission. Sec. 13. Lands which may be required for any of the purposes named in section 1 hereof, either within or without the corporate limits, may be acquired by pur- chase, but no lands shall be so acquired unless the ques- tion of acquiring the same shall have been submitted at a regular election for oflScers of such city, to a vote of the qualified electors of such city who shall, in the year next preceding, have paid a real property tax therein, and a majority of those voting on the question shall vote in favor of acquiring the same. All votes upon the question shall be "For the acquirement of lands for park pur- poses," or "Against the acquirement of lands for park purposes," and the proposition aforesaid shall be in- cluded in the ballot used at such election for the officers of the said city. But no indebtedness shall be created nor shall any bonds be issued for acquiring such parks or establishing such boulevards, parkways, or roads unless the question of incurring such debt and issuing such bonds shall have been submitted at a regular elec- tion for officers of such city to a vote of such qualified electors thereof who shall, in the year next preceding, have paid a real property tax therein, and a majority of those voting on the question by ballot deposited in a separate ballot box shall vote in favor of incurring such debt and issuing such bonds. The city council of such Ch. 128.] PUBLIC PARKS. 303 city shall, upon petition of the electors of such city equal Petition by in number to one-tenth of the number of such electors electors. voting at the last general election of such city, submit to city council the electors of such city at the next general election for submit officers of such city, either or both of .the questions afore- Questions to said by separate ordinance; and shall, in the ordinance, ®^®°^^^® submitting the question of the acquirement of such lands Ordinance and the establishment of such parks, boulevards, park- ^^^^^ ^^^^^ ways and roads state the location of the land proposed ^ a^^^^^ricl' to be acquired, describing the same by legal subdivisions, and manner wherever practicable, and the price to be paid in cash of payment. for purchase and the manner of payment; and if the majority of those voting upon the question last afore- said at such election shall vote in favor of the acquire- ment of such lands for such purposes, the city council shall acquire such lands for the purposes aforesaid, aid if authorized as hereinbefore provided, shall contract the necessary indebtedness and issue the necessary bonds therefor. Sec. 14. The park fund shall consist of moneys park fund, levied, collected and appropriated therefor, and coming into the said fund by donation or otherwise. All moneys collected and credited to the said park fund shall be used used for for the maintenance and improvement of parks, park- support and ways, boulevards, avenues, driveways and roads, and improvement. shall be expended by the commission as in their judgment the needs of such property shall require, and the same j^^.^^^^ shall be drawn upon by the proper officers of such city, certmed"^^" upon vouchers properly authenticated by the president vouchers. and secretary of the park commission. Sec. 15. As a part of the annual levies authorized Maximum by law, the council shall annually levy, assess and col- tax levy. lect upon each dollar of taxable property within the city not njiore than one and one-half (1^) mills for the pur- poses of said park fund, the proceeds of which shall be collected in the same manner as other city taxes, ^^^ ^^j^^^^^^ ^^ shall be by the common council appropriated to the park j^^y fund. All moneys collected or received or levied or appro- Monesrs priated by the city council for park purposes shall be credited to deposited in the treasury of such city to the credit of park fund. ^'The Park Fund," and shall be kept separate and apart from other moneys of such city and any portion thereof remaining unexpended at the end of any fiscal year or 304 PLBLIC PABKS. [Ch. 128. Acquisition of park land by assessment and bond sale. Acquisition by- condemnation. Condemnation proceedings. Payments made by park bonds. Form. ■ Dates of payment. Interest. at any other time shall not in any event be converted into the general fund nor be subject to appropriation for general purposes. Sec. 16. In addition to the powers herein con- ferred to acquire lands for parks and parkways by the sale of the general bonds of the city, it shall be lawful for the park commission, with the approval of the mayor, to acquire parks or pleasure grounds, boulevards, park ways, avenues, driveways and roads, in the manner fol- lowing, the same to be paid for by special assessments upon all the other real estate, except parks, pleasure grounds, avenues, boulevards, streets and roads, in such city, or partly out of the proceeds of the sale of the gen- eral bonds of the city and partly by such assessments as the same may be determined by the mayor and park commission. Sec. 17. For the purpose of acquiring lands for parks and pleasure grounds, boulevards, parkways, ave- nues, driveways and roads, it shall be lawful for the park commission and said commission is hereby author- ized and empowered, by and with the approval of the mayor, to select and by a suitable proceeding in the name of the city, without the passage of any ordinance, to condemn real estate, or, with the approval of the mayor, to purchase any real estate so selected for one or more parks or pleasure grounds, boulevards, park- ways, avenues, driveways or roads, and to select routes and streets for the purpose of establishing and main- taining a system of connecting boulevards and pleasure- ways or parkways therein. All such condemnation pro- ceedings shall be in accordance with the general laws of the State, so far as the same are applicable, but the ben- efit to other lands shall be ascertained and assessed. Sec. 18. The parks and pleasure grounds, boule- vards, parkways, avenues, driveways and roads estab- lished in any such city, or such part thereof as may be determined by the mayor and park commission may be paid for in park bonds of the city of date and form pre- scribed by the park commission, bearing the name of the city, and payable to bearer at such times and in a sufficient period of years to cover the period of pay- ments herein provided for, with interest annually at such rate, not exceeding six per cent, per annum, as may be determined bv the commission. The bonds shall be Ch. 129.] RAILROADS. 305 signed by the mayor, countersigned by the auditor and Bonds signed attested by the clerk and seal of the city with the ap-and attested. proval of the president of the park commission endorsed thereon, the interest to be evidenced by suitable coupons interest attested by a f ac simile of the signature of the city clerk, coupons. Sec. 19. All acts and parts of acts inconsistent Repeal, herewith are hereby repealed. Sec. 20. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. CHAPTER 129. BAILROADS. LIEN ON EQUIPMENT. (S. B. No. 140, by Senator Millard.) AN ACT TO AMEND SECTIONS 1 AND 4 OF AN ACT, ENTITLED "AN ACT TO SECURE MANUFACTURERS AND OWNERS OF RAIL- ROAD EQUIPMENT AND ROLLING STOCK IN MAKING CON- DITIONAL SALES AND CERTAIN CONTRACTS FOR THE LEASE THEREOF," APPROVED MARCH 31, 1885. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That section 1 of "An act to secure manu- Amended. facturers and owners of railroad equipment and rolling stock in making conditional sales and certain contracts for the lease thereof," approved March 31, 1885, be, and the same is hereby amended so as to read as follows : Section 1. That in any written contract, of or for Title to railroad the sale of railroad equipment, or rolling stock, cl^liver- ®^"p^^^^^j^^ able immediately, or subsequently, at stipulated periods, puj.chaTenK)ney by the terms of which the purchase money, in whole or paid. in part, is to be paid in the future, it may be agreed that the title to the property so sold, or contracted to be sold. 306 RAILROADS. [Ch. 129 Lien retained by vendor. Duration of lien. Proviso. Amended. To what contracts act applies. Repeal. Emergrency. shall not pass to, or vest in, the vendee, until the pur- chase money shall have been fully paid, or that the vendor shall have and retain a lien thereon for the un- paid purchase money, notwithstanding delivery thereof to, and possession by, the vendee, for a period not to exceed twenty-five years in any one contract, which term shall be expressed in said contract; Provided, That the situs or location of all such property shall for tile pur- poses of taxation and revenue, be deemed to be within the State of Colorado. Sec. 2. That section 4 of "An act to secure manu- facturers and owners of railroad equipment and rolling stock in making conditional sales and certain contracts for the lease thereof," approved March 31, 1885, be, and the same is, hereby amended so as to read as follows : Sec. 4. This act shall be held to validate and legal- ize all contracts, of the character described in the first section of this act, heretofore made wherein the parties have attempted to preserve to the vendor a lien for a period of time longer than ten years, but less than twenty- five years. This act shall be held neither to invalidate any contract heretofore made, of the character described in the first or second sections, nor to apply to any con- tract where the lien has become barred before the pass- age hereof. Sec. 3. That all acts or parts of acts in conflict with this act are hereby repealed. Sec. 4. That, in the opinion of this General Assem- bly, an emergency exists; and, therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. Oh. 130.] RESERVOIRS — ^RIO GRANDE RIVER. 307 CHAPTER 130. BESEBVOIBS— RIO GRANDE RIVER. (H. B. No. 377, by Mr. Alexander, et al.) AN ACT TO AUTHORIZE AN APPROPRIATION TO MAKE INVESTIGA- TION, PRELIMINARY SURVEYS AND MAPS FOR RESERVOIR SITES ON THE RIO GRANDE RIVER AND ITS TRIB'UTARIES, AND PRESENTING SAME TO THE UNITED STATES GOV- ERNMENT AT WASHINGTON. Be it Enacted by the General Assembly of tlf,e State of Colorado: Section 1. There is hereby appropriated out of the Appropriation. Internal Improvement Permanent Fund, or Internal Im- provement Income Fund, the sum of one thousand five hundred dollars ($1,500) for the purpose of making in- purpose, vestigation, preliminary surveys, and maps of reservoir sites on the Eio Grande Eiver, or its tributaries, to con- serve the flood w^aters of the same to the end that the matter may be presented to the United States Govern- present report ment at Washington, showing the feasibility of con- to u. s. structing such reservoirs and enlisting its aid therein. ^^^^^'^^^^^ Sec. 2. There is hereby created a commission, con- commission sisting of four men, one to be appointed by the Board of County Commissioners of Saguache County, one to Method of be appointed by the Board of County Commissioners appointment. of Rio Grande County, one to be appointed by the Board of County Commissioners of Costilla County, and one to be appointed by the Board of County Commissioners of Conejos County, to direct and supervise the work herein specified. Said commissioners to receive only^^ actual traveling expenses, while engaged in their work, compensation. The Auditor of State is hereby directed to draw his Auditor draw warrants for the same upon the vouchers duly issued warrants. and approved by said commission. Sec. 3. In the opinion of the General Assembly an Emergency emergency exists; therefore, this act will take effect and be in force from and after its passage. Approved April 7, 1905. 308 REVENUE. [Ch. 131. CHAPTER 131. EEVEUUE. (S. B. No. 244, by Senator Comforth.) AN ACT TO AMEND AN ACT ENTITLED "AN ACT IN RELATION TO PUB- LIC REVENUE AND. REPEALING ALL PREVIOUS ACTS OR PARTS OF ACTS IN CONFLICT THEREWITH," APPROVED MARCH 22, 1902. Amended. Demand not necessary. Taxes— when due. Collection'by distraint. Tax recelpts- what to contain. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That section 128 of an act entitled "An act in relation to public revenue and repealing all pre- vious acts or parts of acts in conflict therewith," ap- proved March 22, 1902, be and is hereby amended to read as follows: Sec. 128. No personal demand of taxes shall be necessary, but it is the duty of every person subject to taxation to attend at the office of the treasurer and pay the first half of the taxes assessed against his property on or before the last day of February, and the remaining one-half part thereof on or before the last day of July of the year following the one in which they were as- sessed; and if such person shall neglect or fail to pay such tax until after the first day of August following the levy of the same, the treasurer may make the same, to- gether with all penalties and costs, by distraint and sale of any of his personal property, whether it be the prop- erty taxed or other property. The treasurer shall issue for each payment of taxes, a receipt which shall state the amount of tax paid and of interest and penalties thereon, if any; the year, or portion thereof, for which the payment is made; the property, specifically, on which the tax is paid; the as- sessed value of the real and also of the personal property therein included; and the rate or rates of the levy thereon; and shall stamp or print in red, on the face of Ch. 131.] REVENUE. 309 every tax receipt issued the fact of delinquency of prior tax or of unredeemed tax sale, if any, and the amount thereof of the property included in the receipt. On the reverse side of the tax receipt shall be printed the ap- portionment of the levy or levies. Sec. 2. That section 147 of said act be and is hereby Amended. amended to read as follows: Sec. 147. The county treasurer shall certify in writ- certificate of Ing the entire amount of taxes and assessments due upon taxes due-what any parcel of real estate, and all sales of the same for ^^ contain. unpaid taxes or assessments shown by the books in his office, with the amount required for redemption of the same, if still redeemable, whenever he shall be requested to certify as to the taxes on such parcel, and paid or tendered his fees for such certificate, at the rate of fifty Fees for same. (50) cents for the first parcel in each township, incor- porated city or town, and ten (10) cents for each subse- quent parcel in the same township, town or city. Each "Parcel" description in the tax list and warrant shall be reckoned defined. a parcel in computing the amount of such fees. Sec. 3. That section 154 of said act be and is hereby Amended. amended to read as follows : Sec. 154. As between the grantor and grantee. Taxes as where there is in the instrument of conveyance no ex- between press agreement as to which shall pay the taxes that ^'^^^^^ ^^^ Durcriaser may be assessed on the land conveyed, if such convey- ance is made between the thirty-first (31st) day of De- cember and the first (1st) day of the next July, then the grantee shall pay the taxes for the year in which tlie con- veyance is made. But if the property is conveyed be- tween the thirtieth (30th) day of June and the first day of the next January, then the grantor shall pay the taxes for the year in which the conveyance is made. Sec. 4. That section 157 of said act be and is hereby Amended. amended to read as follows: Sec. 157. The county treasurer shall, as soon as may Notice by man be after the first day of August and before the first day to taxpayer, of September in each year, notify by mail at their last known address each person by whom a tax or taxes for the previous year are known to be due and unpaid, of the amount of his or her said delinquency, and shall allow ^^^^ ^^^^^ ten days from the time of mailing of said notice for the allowed to payment of such delinquent taxes and the prescribed in- delinquents. 310 REVENUE. [Ch. 131. List of lands to be sold and notice of sale. Proviso as to delayed list. Form of notice of sale. terest thereon, and shall, twenty days after mailing such notice, make out a list of all lands and town lots subject to sale, describing such land and town lots as same are described on the tax roll, with an accompanying notice stating that so much of each tract of land, or town lots, described in said list, as may be necessary for that pur- pose, will, on a day specified thereafter, and the next suc- ceeding days, be sold by him at public auction at the county treasurer's office, for the taxes, interest and charges thereon, and taxes, interest and charges assessed against the owner thereof for personal property; Pro- vided, however. That if such list should not be made until after the first day of September, the sale held thereunder shall not be void by reason thereof. Such notice may be in the following form : Treasurer's Office, County, State of Colorado. Public notice is hereby given that I will, according to law, offer at public sale, at the office of the treasurer of County of and State of Colorado, on the day of A. D. 19 . . , and suc- ceeding days, commencing at the hour of o'clock a. m. of said d^j, so much of the following described real estate, situate in the said county on which taxes for the year (or years) 19 . . have not been paid as shall be necessary to pay the taxes hereinbelow set down, interest and penalties, to wit : p o w o H H <1 H GQ W h-^ -^ o H Oh. 131.] REVENUE. 1 •« -< ^ o 1 1 o < oo n « iz; o o ^ -< g ■< > »4 9 n • ^ © g o v S ^ a .ei.2 O O-M S""^ s>l «s^ o ? ^f^ Ik § ^ iss 6 « ^§2 1- CLi « » ^ ^1 fe a <j ;z; 311 a P B ^ 312 EEVENUE. [Ch. 131. Amended. Condition precedent to request for tax deed. Notice to party in possession of request for deed. Publish notice when no person in possession. Sec. 5. That section 178 of said act be and is hereby amended to read as follows: Sec. 178. Before any purchaser or assignee of such purchaser of any land, town or city lot or mining claim, hereafter sold for taxes, or special assessments due either to the State or any county or incorporated town or city within the same, of the assessed valuation of ?100 or more, at any sale for taxes or levies authorized by the laws of this State, shall be entitled to a deed for the lands, lots or premises so purchased, he shall make request upon the county treasurer, who shall then comply with the following, to wit: The county treasurer shall serve or cause to be served, by personal service or by registered mail, a writ- ten or printed, or partly written and partly printed, no- tice of such purchase on every person in actual posses- sion or occupancy of such land, lot or premises, and also on the person, in whose name the same was taxed or specially assessed, if upon diligent inquiry such person can be found in the county, or his residence without the county be known, and upon- all persons having an in- terest or title of record in or to the premises, if upon diligent inquiry the residence of such persons can be learned, not more than five months, and at least three months before the time of issuance of such deed, in which notice he shall state when the applicant or his assignor purchased the land or lot, in whose name it was taxed, the description of the land or lot purchased, for what year taxed or specially assessed, and when the time of redemption will expire, or when the tax deed shall be issued. If no person is in actual possession or occupancy of such land or lot, or the residence of the person in whose name the same was taxed or specially assessed, and the residence of none of the persons having interests or title of record in or to the premises, can, upon diligent inquiry, be learned, then the treasurer shall publish such notice in some newspaper in such county; and if no newspaper is printed in the county, then in the newspaper that is published in this State nearest the county seat of the county in which such land, lot or premises is situate; and where there are two or more such newspapers and one or more is pub- lished daily, the publication shall be in a newspaper issued daily; which notice shall be inserted three times, Ch. 131.] REVENUE. 313 the first time not more than five months, and the last time not less than three months, before the time at which deed may issue; and shall send by mail, postage prepaid, a copy of such notice to each of such persons not found to be served, whose address is known or can be learned upon diligent inquiry. The purchaser or assignee shall, at the time of making on the treas- urer such request for notification, prepay to the treas- urer twenty-five (25) cents for each of such notices to Fees. be served, and the cost of publication in a newspaper, where newspaper publication is required, and shall take a receipt for the prepayment, if any, of all such notices. The treasurer shall make and carefully preserve among the files of his office a record of all things done in com- pliance with this section, and shall certify to a com- pliance with the provisions of this section. Sec. 6. That section 179 of said act be and is hereby Repeal. repealed. Sec. 7. That section 180 of said act be and is hereby Amended. amended to read as follows: Sec. 180. In case the treasurer shall be compelled cost of to serve such notices or to publish such notice in a news- notices or paper, then, before any person, who may have a right ^<^ ^e ^d^d°to ^ redeem such land or lot from such sale, shall be permit- redemption ted to redeem, he shall pay the officer or person, who by money. law is authorized to receive such redemption money, the entire amount prepaid by the applicant for a tax deed to the county treasurer for such notices and for printer's fee for publishing such notice, for the use of the person compelled to prepay such notices as aforesaid. If the property therein described be redeemed before the ex- piration of the period of redemption named in such no- tice, the said purchaser or his assigns shall recover, in addition to his interests and penalties, the cost of such publication. Sec. 8. That section 181 of said act be and is Amended. hereby amended to read as follows: Sec. 181. Deeds executed by the treasurer under the provisions of this act shall be substantially in the following form: Know all men by these presents, that, whereas, the Form of following described real property, viz.: (description of ^^^ <^eed. property taxed), situated in the County of , 314 , REVENUE. [Ch. 131. and State of Colorado, was subject to taxation for the year (or years) A. D. 19. . . ; And, whereas, the taxes assessed upon said prop- erty for the year (or years) aforesaid remained due and unpaid at the date of the sale hereinafter named; And, whereas, the treasurer of the said county did, on the day of A. D. 19. . ., by virtue of the authority vested in him by law, at (an adjourned sale) the sale begun and publicly held on the day of , A. D. 19. . ., expose to public sale at the office of the treasurer, in the county aforesaid, in substantial conformity with the requirements of the statute in such case made and provided, the real prop- erty above described for the payment of the taxes, in- terest and costs then due and remaining unpaid on said property; And, whereas, at the time and place aforesaid, A B of the County of and of bid on all of the above described property the sum of dollars, and cents, being the whole amount of taxes, in- terest and costs then due and remaining unpaid upon said property for that year, and the said A B having offered in his said bid to accept in- terest upon the said sum at the rate of per cent, per annum for the first six months and at the rate of per cent, per annum for the next six months, and thereafter at the rate of per cent, per annum, and the said rate of interest being the lowest rate of interest at which any person offered to pay the said taxes, interest and costs so due upon said property for that year, and payment of the said sum having been made by him to the said treasurer, the said property was stricken off to him at that price; And, whereas, the said A B did, on the day of , A. D. 19 ... , duly assign the certificate of the sale of the property as aforesaid, and all his rights, title and in- terest in said property, to E F of the County of and of ; And, whereas, at the sale so held as aforesaid by the treasurer, no bids were offered or made by any per- son or persons for the said property, and no person or per- Ch. 131.] REVENUE. 315 sons having offered to pay the said taxes, interest and costs upon the said property for that year, and the treas- urer having become satisfied that no sale of said prop- erty could be had, therefore the said property was, by the then treasurer of the said county, stricken off to the said county, and a certificate of sale was duly is- sued therefor to the said county in accordance with the statute in such case made and provided. And, whereas, the said County, acting by and through its county treasurer, and in conformity with the order of the board of county commissioners of the said county, duly entered of record on the day of , A. D (the said day being one of the days of a regular session of the board of county commissioners of said county), did duly assign, the certificate of sale of said pi:operty, so issued as afore- said to said county, and all its rights, title and interest in said property held by virtue of said sale. And, whereas, the said A B (or E F ) has paid subsequent taxes on said property to the amount of dollars and cents ; And, whereas, more than three years have elapsed since the date of the said sale, and the said property has not been redeemed therefrom as provided by law. And, whereas, the said property was assessed for that year at a sum of less, or more (strike out in accordance with fact) than one hundred dollars; And, whereas, all the provisions of the statutes pre- scribing prerequisites to obtaining tax deeds have been fully complied with, and are now of record, and filed in the office of the county treasurer of said county. Now, therefore, I, C D , treasurer of the county aforesaid, for and in considera- tion of the sum to the treasurer paid as aforesaid, and by virtue of the statute in such case made and provided, have granted, bargained and sold, and by these presents do grant, bargain and sell the above and foregoing de- scribed real estate unto the said A B (or E F ) , his heirs and assigns, for ever, subject to all the rights of redemption by minors, insane persons or idiots, provided by law. 316 EEVBNUE. [Ch. 131. In witness whereof, I, C D , treasurer as aforesaid, by virtue of the authority afore- said, have hereunto set my hand and seal this day of A. D. 19 C D , (Seal) Treasurer. Form of State of Colorado, County of , ss. oftardefd""^''' ^ hereby certify that before me , , in and for said county, personally, appeared the above named C D , treasurer of said county, personally known to me to be the treasurer of said county, at the date of the execution of the above conveyance, and to be the identical person whose name is aflSxed to the foregoing deed, and who executed the above conveyance as treasurer of the said county and who acknowledged the execution of the same to be his voluntary act and deed as treasurer of said county, for the purposes therein expressed. Given under my hand and seal this day of A. D. 19 (Seal) Emergency. Sec. 9. lu the opiuiou otf the General Assembly an emergency exists, and therefore, this act shall take effect and be in force on and after its passage. Approved April 5, 1905. Ch. 132.] SOLDIERS AND SAILOES — BURIAL. 317 CHAPTER 132. SOLDIEES AND SAILOES— BTJEIAL. (H. B. No. 162, by Mr. Hurd.) AN ACT TO AMEND AN ACT ENTITLED ''AN ACT TO AMEND AN ACT TO PROVIDE FOR THE BURIAL OF HONORABLY DIS- CHARGED EX-UNION SOLDIERS, SAILORS OR MARINES WHO MAY HEREAFTER DIE WITHOUT LEAVING MEANS SUFFICIENT TO DEFRAY FUNERAL EXPENSES AND TO PROVIDE HEADSTONES FOR THEIR GRAVES." APPROVED MARCH 1, 1887. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That section one of an act>entitled "An Amended, act to provide for the burial of honorably discharged ex-union soldiers, sailors or marines, who may hereafter die without leaving means sufficient to defray funeral expenses and to provide headstones for their graves," approved March 22, 1893, be and the same is hereby amended so as to read as follows: Section 1. It shall be the duty of the county com- county missioners in each of the counties of this State to desig- commissioners nate some proper person in each county, whose duty it ^^^^^^^^^^"^^ shall be to cause to be decently interred the body of an interred body honorably discharged ex-union soldier, sailor or marine, of soldier, saiioi who served in the army or navy of the United States ^^ marine. during the late war, and also all ex-soldiers, sailors or marines of the Spanish-American war and who may hereafter die without leaving sufficient means to de- fray funeral expenses, or shall die leaving a family un- provided with a home and in indigent circumstances; interment not such burial shall not be made in that portion of any in pauper cemetery or burial ground used exclusively for the burial ground. of the pauper dead. The expense of each burial shall Expenses, not exceed the sum of fifty (\|50.00) dollars. In case the deceased should have relatives or friends who shall de- 318 STATE BOARD OF AGRICULTURE. [Ch. 133. Friends or relatives may conduct services. sire to conduct the funeral services, they shall be per- mitted to do so and the expense shall be paid a6 herein provided. Approved April 10, 1905.. CHAPTER 133. STATE BOARD OF AGBICTJLTUEE. (S. B. No. 171, by Senator Drake.) AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO ESTABLISH A STATE BOARD OF AGRICULTURE AND TO DEFINE ITS DUTIES," APPROVED FEBRUARY 27, 1877, AND AS AMENDED FEBRUARY 12, 1879. Amended. Vacancies- how filled. Quorum. Board receives no compen- sation—except. Be it Enacted hy the General AssemMy of the S^ate of Colorado: Section 1. That section three of an act entitled, "An act to establish a State Board of Agriculture and to define its duties," approved February 27, 1877, and amended February 12, 1879, is hereby amended so as to read as follows: Sec. 3. Any vacancy in the said board, caused by death, resignation or removal from the State, may be filled by a majority of the members; a majority shall be a quorum for the transaction of business. The members of the board shall receive no compen- sation for their services, but may be allowed actual trav- eling expenses, upon presenting an itemized bill for the same, Provided, however. That the board may allow the president a salary of two hundred dollars ($200.00) per annum. Approved April 10, 1905. Ch. 134.] STATE BOARD LAND COMMISSIONERS. 319 CHAPTER 134. STATE BOARD OF LAND COMMISSIONEES. STATE LANDS. (H. B. No. 64, by Mr. Bromley.) AN ACT RELATING TO THE STATE BOARD OF LAND COMMISSIONERS, AND TO PROVIDE FOR THE SELECTION, LOCATION, AP- PROVAL, SALE, LEASING AND MANAGEMENT OF STATE AND SCHOOL LANDS; CREATING CERTAIN OFFICERS OF THE STATE BOARD OF LAND COMMISSIONERS AND DE- FINING THEIR DUTIES; PROVIDING FOR THE EXCHANGE OF TIMBER LANDS FOR AGRICULTURAL OR GRAZING LANDS; PROVIDING FOR THE VENUE OF SUITS BROUGHT IN RELATION TO SCHOOL LAND; PROVIDING FOR AND AUTHORIZING THE EQUITY IN STATE OR SCHOOL LANDS TO BE TAXED, TOGETHER WITH THE IMPROVEMENTS; PROVIDING FOR THE INVESTMENT AND LOANING OF THE PERMANENT FUNDS ARISING FROM THE SALE OF STATE OR SCHOOL LANDS; PROVIDING FOR THE LOCATION OF MINERAL CLAIMS UPON STATE OR SCHOOL LANDS AND SECURING OF TITLE THERETO, AND REPEALING ALL ACTS OR PARTS OF ACTS IN CONFLICT THEREWITH. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. The Governor, Superintendent of Public preliminary Instruction, Secretary of State and Attorney General be recital of ing constituted a State Board of Land Commissioners by several powers the Constitution of this State, said board shall have di- °' ^^® ^''''^- rection and control of all lands belonging Jto the State, to manage the same as the best interests of the State shall require, not inconsistent with the provisions of this act and the Constitution of the State. A majority of the Quorum. board shall constitute a quorum for the transaction of business. 320 STATE BOARD LAND COMMISSIONERS. [Ch. 134. President of board. Meetings. Rules of meeting. Committee of examiners. Report pt committee. Record and papers. Register of board. Salary. Office force. Duties of register. See. 2. The Governor shall be president of the board, but in his absence from any meeting the board may elect one of its members president pro tempore, who shall pre- side at such meeting. The board shall hold regular meet- ings in the State Land Office on the first Wednesday in each month, and may hold such other meetings as the board may direct, and may meet at any time on call of the president or a majority of the board. The meetings of the board shall be regulated by such rules as the board may adopt. Sec. 3. The Governor shall, upon the first day of April and October of each year, appoint a committee of three competent persons to examine the books and ac counts of the State Board of Land Commissioners. Said committee shall make a report in writing, which shall be delivered to the Governor. Sec. 4. The State Board of Land Commissioners shall cause a complete record of their proceedings to be kept in a suitable book, and shall preserve all important papers and documents pertaining to the State lands. Sec. 5. The State Board of Land Commissioners are hereby authorized to appoint a register of the State Board of Land Commissioners, who is not a member of said board, whose salary shall be three thousand dollars per annum. The State Board of Land Commissioners is authorized and empowered to employ all office force. It shall be the duty of the register to keep the records of the State Board of Land Commissioners; to make out and countersign all patents and leases issued by the president of the said board to purchasers and lessees of State lands, and keep a suitable record of the same; to file and preserve bonds pf lessees and those given by purchasers to secure deferred payments; to make and de- liver to purchasers suitable certificate of purchase; to have the custody of the seal of the State Board of Land Commissioners ; to keep the minutes of the said board ; to receive all moneys from the deputy register collected by such officer on account of the State Board of Land Com- missioners, and to pay them over to the State Treasurer at the end of each calendar month, and. in the absence of the deputy register to receipt for and receive all moneys payable to the State Board of Land Commissioners, and to perform such other duties concerning the l?ind affairs of the State as the said board mav direct. It shall also Ch. 134.] STATE BOABD LAND COMMISSIONERS. 321 be the duty of the register in any and all contested cases, at the direction of the board, when hearings are necessary and witnesses may be required to be examined, to set a date for hearing such cases. The register shall duly ad- Duties of vise the contestants and their accredited attorneys of the register in date set for such hearings, and on the date appointed the ^^^^^^^ ^^^.se register is hereby empowered to administer oaths and to May hear and receive evidence, after the manner and pro- administer cedure established by the United States in the district °^^^^- land offices, or in accordance with the rules that are or may be adopted by the board governing such cases. All evidence given and provided in such cases before the register shall be fully transcribed and arranged at the cost of the parties to the contest, and shall form a part of the records of the office of the State Board of Land Commissioners. The register shall, as soon as convenient after such hearings, present a full transcript of the pro- ceedings to the State Board of Land Commissioners, who shall render a decision in accordance therewith. The register shall be provided with a suitable office, office fur- niture, stationery and postage by the Secretary of State. On or before the tenth day of December immediately pre- His annual ceding the meeting of the General Assembly, he shall '®p°^- make a report of the business of his office, the transac- tions of the State Board of Land Commissioners, and the land affairs of the State, showing, by tables, the land belonging to the several funds of the State, to whom sold, the amount leased, the receipts from all sources, and said reports shall contain any such, other items or infor- mation concerning State lands as the State Board of Land Commissioners may deem worthy of publication; Provided, Said report does not exceed the number of pages permitted by law. Of this report there shall be published the same number as is now, or may be hereafter, required by law for the executive departments of the State. Be- fore assuming the duties of his office the said register shall give bond in the sum of fifty thousand dollars Registers bond. ($50,000), conditional upon the faithful discharge of his duties, and said bond shall be approved by the State Board of Land Commissioners and filed with the Secre- tary of State. Sec. 6. The State Board of Land Commissioners fo^^depuS^ ^^ shall be allowed the sum of one thousand eight hundred regrister. 322 STATE BOARD LAND COMMISSIONERS. [Ch. 134. His duties. Bond. X«and patents. Certified copy, evidence. Fees for appraisement to be fixed. Land selections. May employ ag:ents. dollars (?1,800.00) annually for the employment of a deputy register. It shall be the duty of the deputy regis- ter to receipt and account for all moneys payable to the State Board of Land Commissioners, and said deputy register shall pay same over to the register at the end of each calendar month. The deputy register shall give a good and sufficient bond, to be approved by the State Board of Land Commissioners, for the faithful perform ance of the duties pertaining to that position, the amount of said bond to be fixed by the State Board of Land Commissioners. The deputy register shall perform such other duties as may be prescribed by the State Board of Land Commissioners. Sec. 7. The Governor of the State shall be, and is hereby authorized, and, in case of his absence or inabil ity, the Lieutenant Governor shall be, and is hereby au- thorized to execute a good and sufficient deed or patent of conveyance, transferring in fee, without covenants, any and all lands which shall, or may be ordered sold, or which shall be sold and disposed of by the State Land Board under the statutes of this State. Such deed or patent shall be attested by the Secretary of State, coun- ersigned by the register, and have the great seal of the State and the seal of the State Board of Land Commis- sioners thereto attached, but need not be acknowledged. The certified copy of the record of any such deed or pat- ent shall be receivable in evidence in all courts of record in this State, the same as the original. Sec. 8. The State Board of Land Commissioners shall provide, by rule, for the amount to be paid for the appraisement of land included in each application to purchase, which amount shall be paid by the person or persons applying for the land when such application is filed with the register. Sec. 9. It shall be the duty of the State Board of Land Commissioners to select and locate all lands which are now, or may be hereafter, granted to this State by the general government, for any purpose whatever, and the board shall take the necessary steps to secure the approval of such selections by the proper officers of the general government. In making such selections, the board may employ such agents and means as may be necessary to acquaint the board with the character of the lands Ch. 134.] STATE BOARD LAND COMMISSIONERS. 323 selected; and the board may provide to have the lands belonging to the State classified and appraised. Sec. 10. There shall be appointed by the State Board Three of Land Commissioners not less than three appraisers of appraisers. State lands, who shall be under the direction of the regis- ter of the State Board of Land Commissioners, and who shall be paid not more than fifteen hundred dollars salaries. ($1,500.00) per annum for such services. There shall also be appropriated the sum of three thousand dollars Appropriation ($3,000.00) per annum for the purpose of defraying the for expenses. expenses of said appraisers when visiting the different portions of the State in the discharge of their duties. Sec. 11. The State Board of Land Commissioners is Fee bin. hereby authorized and empowered to collect the fees herein fixed for the issuance of leases, patents, certifi- cates of purchase, right of way deeds, recording assign- ments, making township plats, filing bonds, and for the filing of all documents necessary to be filed in said oflice, to- wit : Filing application to lease $ .50 Filing application to purchase 50 Accepting and approving bond 1.00 Issuing lease, each 160 acres or fraction thereof 1.00 For each additional 160 acres or fraction thereof in the same lease 50 For issuing patent or certificates of pur- chase each 160 acres or fraction thereof 2.00 Assignment fee 1.00 Patent for town lot, one or more 2.00 Bight of way deeds, easements, etc 3.00 For issuing permission to make improve- ments in excess of amount allowed by the terms of the lease 2.00 Certified copies of any instrument or of the records Fees for copies. shall be furnished at the rate of 20 cents per folio and fl.OO for the certification. Each application for lease must be accompanied by the advertising fee of five dollars, and the filing fee of fifty cents. •• All applications for purchase must be accompanied Advertising and by an appraisement fee of ten dollars and the filing fee mingr fees. of fifty cents. 324 STATE BOABD LAND COMMISSIONERS. [Ch. 134. Township plats. Minlngr leases. Pay Into State Treasury. Disposition of fees. Land Commissioners cash fund. Warrants and vouchers. Settlers' improvements. Purchaser's right to possession. If the board orders a sale to be made, the applicant shall be required to pay an advertising fee of seventeen dollars. All township plats shall be furnished at fifty cents each. For subdividing mineral lands into lots of ten acres each for the purpose of leasing, upon the application of any person, a deposit of ten dollars for each lot shall be required. All moneys collected by the State register and deputy in pursuance of any action or resolution of the board, shall be paid into the State Treasury. All aforesaid fees shall be paid in advance to the deputy register and be transmitted and accounted for by said deputy to the register of the.Jboard, as in the case of other funds, and the said register shall turn the same into the State Treasury, as in the case of moneys col- lected for rent and partial payments on certificates of purchase. And it shall be the duty of the State Treas- urer to receive said funds and credit the same to the Land Commissioners' cash fund, to be paid out by him on warrants drawn by the Auditor of State. It shall be the duty of said Auditor to draw warrants against said fund in payment of such vouchers as may be audited and allowed by the State Board of Land Commissioners and certified to by the Governor of the State and the register of the State Board of Land Commissioners. Sec. 12. That when any person hath heretofore, or shall hereafter settle upon and improve any of the public lands which have been, or shall hereafter be, donated by act of Congress to public uses, for educational or other purposes, and upon any sale of such lands by public authority, subsequent to such settlement and improve- ment, if the person settling upon such lands ^shall not become the purchaser, the person becoming the purchaser of such lands shall pay to such settler the reasonable value of his improvements thereon. Whenever the par- ties can not agree as to the reasonable value of such improvements, the same shall be recoverable by an action of assumpsit in the District Court of the proper county. Sec. 13. Nothing herein contained shall be construed to interfere with the right of the purchaser of any such lands to the immediate possession thereof, upon the com- pletion of his purchase. Ch. 134.] STATE BOAED LAND COMMISSIONERS. 325 Sec. 14. The State Board of I^and Commissioners Power to lease. may lease any portion of the land of the State, at a rental to be determined upon after an examination of the land by an appraiser, except as hereinafter provided. The lessee shall pay the annual rental to the State Land Board, who shall receipt for the same in the lease. Upon receiving such annual rental, the State board shall im- Disposition of mediately transmit the same to the State Treasurer and rentals. take his receipt therefor. If stone, coal, coal oil, gas or other mineral not herein mentioned, be found upon the State land, such land may be leased for the purpose Mining leases. of obtaining therefrom the stone, coal, coal oil, gas or other mineral, for such length of time, and conditioned upon the payment to the State board of such royalty Royalties, upon the product as the State Board of Land Commis- sioners may determine. * Sec. 15. All leases of State or school land shall be Rent fn advance conditional upon the payment of rent in advance and the . violation of this condition shall work a forfeiture of the Fortfeiture. lease, at the option of the State Board of Land Com- missioners, after thirty days' notice to the lessees, such notice being sent to the last known postoffice address of lessee, as given by himself to the register of the State Land Board. Sec. 16. No lease of State or school land for grazing Length of term. purposes shall be for a longer term than twenty years, and no lease of State or school land for agricultural purposes shall be for a longer period than ten years, ex- cept as hereinafter provided. When any lease expires by limitation, the holder R®^®^^^^- thereof may renew the same in manner as follows: At any time within the thirty days next preceding the ex- piration of the lease, the lessee, or his assigns, shall notify the register of his desire to renew said lease ; if the , lessee and State board agree as to the valuation of the valuation. land, a new lease may be issued, bearing even date with the expiration of the old one, and upon like conditions; Provided, always, That the former valuation shall not be decreased without the consent of the State board; Greatest annual Provided, That nothing in this section shall prohibit the revenue. State board from leasing any of the State lands to such party or parties as shall secure to the State the greatest annual revenue; Provided, further. That the State board saie of land may, in its discretion, offer said land for sale at the end under lease. 326 STATE BOARD LAND COMMISSIONERS. [Ch. 134. of any period of five (5) years, during the term of said lease, upon the same terms and in the same manner as though said lease had not been executed. Settlers' Sec. 17. Should anyone apply to lease any of the Improvements, lands belonging to the State upon which there are im- provements belonging to another party, before a lease shall issue, he shall file in the office of the State Board of Land Commissioners a receipt, showing that the price of said improvements, as agreed upon by the parties, or fixed by the State board, has been paid to the owner thereof in full, or shall make satisfactory proof that he has ten- dered to such owner the price of said improvements so Power to agreed upon or fixed by the board. If, by any mistake or mistakes and ^^^^? ^^J money has been, or shall hereafter be, paid on to re^und.^? accouut of any sale or lease of State lands, it shall be the duty of the board to draw a voucher in favor of the party paying said money; and on presentation of such voucher the Auditor shall draw his warrant upon the State Treas- urer for the amount, and the State Treasurer shall pay the same out of the fund into which such money was Power to cancel deposited or placed. If, through any fraud, deceit or leases for fraud misrepresentation, any party or parties shall procure the issuing of any lease for State lands, the board shall have the authority to cancel any such lease. Leasing: of Sec. 18. Lauds within city boundaries may be leased state land f^^^ g^ ^gpjjj j^q^ exceeding fifty years. All such leased in c t es. lands shall be reappraised and classified at least every five years, and the lessee of all such lands shall pay any increased rental or forfeit the land so held. When any lease expires by limitation the holder thereof may renew the same in manner as follows : At any time within the thirty days next preceding the expiration of the lease, the lessee, or his assigns, shall notify the register of his desire to renew said lease. If the lessee and the State Board of Land Commissioners agree as to the valuation of the land,- a new lease may be issued, bearing even date with the expiration of the old one, and upon like conditions ; Pro- vided, always, That the former valuation shall not be decreased without the consent of the State Board of Land Commissioners; Provided, That nothing in this section shall prohibit the State Board of Land Commissioners from leasing any of the State lands to such party or par- ties as shall secure to the State the greatest annual revenue; Provided, further, That the State Board of Land Ch. 134.] STATE BOARD LAND COMMISSIONERS. 327 Commissioners may, in its discretion, oflPer said land for saies of city sale at the end of any period of five years, upon the appli- ^®^'^^* cation of the lessee, during the term of said lease, upon the same terms and in the same manner as though said lease had not been executed. Sec. 19. All corporations, companies or persons using or occupying any State or school lands without lease, and all corporations, companies or persons who shall use or occupy State or school lands for more than thirty days after the cancellation or expiration of a lease, and any corporation, company or person who shall con- Trespassing struct a reservoir, ditch, railroad, public highway, tele- easements, graph or telephone line, or in any manner occupy or enter upon lands belonging to the State of Colorado, without first having secured the authority and permission of the State Board of Land Commissioners to so occupy said land for such purpose, shall be regarded as trespassers, and, upon conviction thereof, shall be fined in the sum of Penalties not less than twenty-five dollars (f 25.00) and not more^^^inst than one hundred dollars (JIOO.OO), and each day shall ^"^^^p"®" be considered a separate offense, and in each case, where a bond has been furnished to the State Board of Land Commissioners, the bondsmen of the lessee shall be equally liable with himself, and in addition to the fore- going penalty the State shall be allowed to collect as rental for the use of such lands a sum equal to the ap- praised value thereof for rental purposes, as fixed by an appraiser from the State Board of Land Commissioners, and which value shall not be less than five cents per acre per annum. All suits under the provisions of this act shall be instituted under the direction of the Attorney Greneral in the name of the People of the State of Colorado. Sec. 20. All lands granted by Congress to the State saie of school for the support of common schools, being sections gix-^^^^^* teen and thirty-six, and all that may be selected in lieu of said sections, are hereby withdrawn from market, and the sale thereof prohibited ; Provided, Parcels of not less than forty (40) acres of such land may be sold when the State board is of the opinion that the best interests of the school fund will be served by offering such parcel for sale; Provided, further. That such land shall only be sold at Public aucUon. public, auction, and at not less than three and one-half Minimum price. dollars per acre; Provided, That school lands shall not 328 STATE BOARD LAND COMMISSIONERS. [Ch. 134. Plattine: school land into lots. Sale of land U. S. for irrigration projects. to Sales to settlers. National irrigation areas. Advertisement of land sales. be offered for sale, except upon the conditions hereinafter provided for the sale of other State lands. Sec. 21. The State Board of Land Commissioners may cause any portion of the State or school lands to be laid out in lots and blocks, to be sold from time to time, at public auction, to actual settlers only, or to persons who shall improve the same, in such quantities and at such times as shall enable the State to realize the best prices for such land, and such land shall not be sold ex- cept in lots -OP blocks, as herein provided. Sec. 22. Any State lands needed by the United States for irrigation works, other than right of way for roads, bridges, canals, ditches, tunnels, pipe lines, tele- phone and transmission lines, shall be sold to the United States at a price not to exceed three dollars and fifty cents (t3.50) per acre, and the State Board of Land Com- missioners shall direct the Governor, Secretary of State and register to execute and sign, as provided in this act, on behalf of the State, a proper deed or other instrument of writing for such lands. Sec. 23. 'the State Board of Land Commissioners may at any time direct the sale of any State lands, except as provided in thip act, in such parcels, to actual settlers only, or to persons who shall improve the same, as they shall deem for the best interests of the State and the pro- motion of the settlement thereof; Provided, That no lands belonging to the State, within the areas to be irrigated from works constructed or controlled by the United States or its duly authorized agents, shall hereafter be sold ex- cept in conformity with the classification of farm units by the United States, and the title to such lands shall not pass from the State until the applicant therefor shall have fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works, and shall produce the evidence thereof duly issued. After the withdrawal of lands by the United States for any irri- gation project, no application for the purchase of State lands within the limits of such withdrawal shall be ac- cepted, except upon the conditions prescribed in this section. All sales under this act, except those to the United States, shall be advertised in four consecutive issues of some weekly paper of the county in which such land is situated, if there be such paper; if not, then in Ch. 134.] STATE BOARD LAND COMMISSIONERS. 329 some paper published in an adjoining county, and in such other papers as the board may direct. The advertisement shall state the time, place and terms of ^ale, and the mini- mum price per acre fixed by the board of each parcel, be- low which no bid shall be received ; Provided, That in all cases the land shall be offered in legal subdivisions of not Legal less than forty (40) acres, or more than one hundred and subdivisions, sixty (160) acres; Provided, That sales of State lands shall be made to citizens of the United States, and to those who have declared their intention to become suchAUens. only. If any land be sold on which surface improvements shall have been made by a lessee, said improvements shall be appraised under the direction of the State board. When lands on which such improvements have been made are sold, the purchasers, if other than the owner of said im- settlers* provements, shall pay the appraised value of said improve- improvements. ments to the owner thereof, taking a receipt therefor, and he shall deposit such recejpt.with the State board before he shall be entitled to a patent or certificate of purchase. All such receipts shall be filed and preserved in the office of the State Board of Land Commissioners. Sec. 24. All sales of State lands shall be held at piace of sale. the State Capitol, unless otherwise directed by the State Board of Land Commissioners. Terms of payment shall Terms of be as follows, viz.: Timber sales, cash on the day of sale; payment. on lands selling for three dollars and fifty cents to twenty-five dollars per acre, 10 per cent, of the purchase money on the day of the sale, the balance in eighteen equal annual payments, at 6 per cent, per annum. Lands selling at more than twenty-five dollars, and less than seventy-five dollars per acre, 20 per cent, cash on day of sale, the balance in fourteen equal annual payments, at 7 per cent, per annum, or the purchaser may make full payment with accrued interest at any time. Lands selling at seventy-five dollars and upwards, 30 per cent, cash, and balance in seven equal annual payments, at 7 per cent, interest, or the purchaser may make full pay- ments with accrued interest at any time. When the conditions hereinbefore prescribed have been complied with, the State board shall make and deliver to the pur- chaser a certificate of purchase, containing the name of certificate of the purchaser, a description of the land purchased, the sum purchase. paid, the amount remaining due, and the date at which each of the deferred payments falls due, and the amount 330 STATE BOABD LAND COMMISSIONERS. [Ch. 134. Patent. Outstanding certificates. Defaultlngr purchasers. Forfeiture. Re-sale of forfeited land. Payments— where made. thereof; such certificate shall be signed by the Governor and countersigned by the register, and a record of the same kept by him in a suitable book. Whenever a pur- chaser of any State land has complied with all the con- ditions of the sale, and paid all purchase money with the lawful interest thereon, he shall receive a patent' for the land purchased; such patent shall be signed by the Governor, attested by the Secretary of State, and coun- tersigned by the register, and have the great seal of the State and the seal of the State Board of Land Commis- sioners thereto attached; and when so signed, such pat- ent shall convey a good and sufficient title in fee simple; Provided, That no patent shall be issued for less than forty acres, except for town lots; Provided, That the Governor and register shall be authorized to issue cer- tificates of purchase in lieu of receipts temporarily is- sued subsequent to April 17, 1899, for money paid on ac- count of lands heretofore sol^ by the State Board of Land Commissioners under existing law, and patents in lieu of final receipts so issued during the same period on account of payment in full for lands sold, on presenta- tion of such receipt by the legal owners thereof. Sec. 25. Whenever any purchaser of land shall de- fault for a period of thirty days in any of the payments of either principal or interest due upon the certificate of purchase issued to him, said certificate may be for- feited and the lands reverted to the State of Colorado upon a notice to that effect mailed to the last known postoffice address of said purchaser, and which notice shall allow him thirty days additional in which to pay the indebtedness to the State. Sec. 26. If any purchaser of State land, after re- ceiving a certificate of purchase, as provided in section 24 of this act, fails to make any one of the payments stipulated therein, and the same remains unpaid for thirty days after the time when it should have been paid, as specified in such certificate, the State Board of Land Commissioners may sell the lands again; Pro- vided, That, in case of a sale, all previous payments made on account of such land shall be forfeited to the State; the land shall revert to the State, and the title thereof shall be in the State, as if no sale had ever been made. Sec. 27. All moneys due and payable to the State Board of Land Commissioners shall be paid at the of- Ch. 134.] STATE BOARD LAND COMMISSIONERS. 331 fice of the State Board of Land Commissioners in the State Capitol in the City and County of Denver, Colo- rado, and all actions for the recovery of same, or for the cancellation of certificates of purchase, or for the cancellation of leases, or for the recovery of the pos- venue of session of the land, actions of forcible entry and detainer, actions. or ejectment, shall be brought in any court of compe- tent jurisdiction in the City and County of Denver, in the State of Colorado. Sec. 28. When, in the judgement [judgment] of the Terms of State board, a bond by the purchaser of State lands is purchaser's necessary, the State board shall require such purchaser to ^^"^• give a bond, upon such conditions as the board may deter- mine. In leasing State lands, the State board shall re- quire of the lessee such a bond as shall secure the State against loss or waste, or occupation of the land for more than thirty days after the cancellation or expiration of the lease of said lessee, unless the said lessee becomes the purchaser of the land, and in no case shall the lessee be allowed to cut or use more timber than shall be neces- sary for the improvement of the land or for fuel for the use of the family of the lessee, and the cutting and hauling of timber to saw mills, to be sawed on the shares, is expressly prohibited. Sec. 29. Whenever a certificate of purchase shall Lost papers- be lost or wrongfully withheld by any person from the <^upicate. owner thereof, the State Board of Land Commissioners may receive evidence of such loss or wrongful detention, and upon satisfactory proof of the fact, may cause a cer- certificate. tificate of purchase or patent, as the case may be, to is- sue to such person as shall appear to them to be the pro- prietor of the land described in the original certificate of purchase. Sec. 30. The State Board of Land Commissioners Adverse may hear and determine the claims of all persons who claims. may claim to be entitled in whole or in part, to any lands owned by this State, and the decisions of said board shall be held to be final, until set aside by a court of competent jurisdiction; and the board shall also have power to establish such rules and regulations, as in their opinion may be proper, to prevent fraudulent applica- tions. Sec. 31. All lands sold under the provisions of this Taxes. act, or any interest therein, shall be subject to taxation, 332 STATE BOARD LAND COMMISSIONEES. [Ch. 134. No tax on reverted land. Special funds. Same. Rights of way. Donations for school houses. Reversion. and the register of the State Board of Land Commis- sioners shall furnish to the county assessor of each county on the first day of May of each year a list of the equities owned or acquired in all lands so sold, to whom sold, the price per acre and the amount paid. Sec. 32. In case any lands sold under the provisions of this act are reverted to the State of Colorado for any cause whatsoever the register of the State Board of Land Commissioners shall at once notify the county treasurer of the county in which the land is situated, and upon receipt of such notice it shall be the duty of the county treasurer to at once rebate all taxes that have been charged against the lands so reverted. Sec. 33. The funds arising from the sale of public school, University and Agricultural College lands, shall be held intact for the benefit of the funds for which such lands were granted, and shall be known as permanent funds, and the interest and rentals only shall be ex- pended for the purposes of the grant. The funds aris- ing from the sale, leasing and income of all other State lands shall be disposed of as shall be provided by law, but, in the absence of any other provision, may be in- vested in the same manner as the school fund. Sec. 34. All moneys arising from the leasing of Agri- cultural College, University or public school lands which are now, or may hereafter be, received by the State Treas- urer, shall be treated in all respects in the same manner as is provided by law for the disposition of the interest on the proceeds arising from the sale of the same class of lands. ' Sec. 35. The State Board of Land Commissioners may grant the right of way across or upon any portion of State land, upon such terms as the board shall deter- mine, for any ditch, reservoir, railroad, public highway, telegraph or telephone line, and may grant land for the purpose of building district school houses, and may direct the Governor, Secretary of State and register to execute and sign, as provided by this act, on behalf of the State, a proper deed or other instrument of writing, for such right of way or grant; Provided, That this section shall not be construed to grant authority to convey any such land, except for the purposes above set forth ; And, Pro- vided, further. That whenever lands granted for any of the purposes mentioned in this section shall cease to be Ch. 134.] STATE BOARD LAND COMMISSIONERS. 333 used for such purposes, said lands shall revert to the State of Colorado, upon notice to that effect being served at their last known postoflSce address upon the person to whom such grant was made. The right of way is hereby Grant of right given, dedicated and set apart, to the United States, to of way to the locate, construct and maintain such roads, bridges, ca- ^- ^ nals, ditches, tunnels, pipe lines, telephone and transmis- sion lines as may be constructed for the purpose of irri- gation, by authority of the United States, over and through any of the lands which are now, or may be, the property of the State. All conveyances of State lands hereafter made shall contain a reservation of such rights of way. Sec. 36. For the purpose of furnishing irrigation sales of arid for State lands, the State Board of Land Commissioners land to secure is hereby authorized, when, in their judgement [J^^^g-Q^thCT^and^^ ment], the interests of the State may be subserved thereby, to sell at public sale, at such place as the board may fix, at not less than the appraised value thereof, which in no case shall be less' than the minimum price of three dollars and fifty cents ($3.50) per acre, any tract of arid land belonging to the State; Provided, That not more than one-half sec- tion of land shall be sold, and in alternate half-sections, to any responsible person or persons, on condition that said person or persons construct an irrigating ditch in. such locality, and of sufficient capacity to furnish water for the entire tract, and so located that said tract may be irrigated therefrom ; Provided, That before any of the State lands' shall be offered for sale, the party desiring to purchase said lands and construct a ditch shall enter into a contract with the board guaranteeing to bid at least the minimum price per acre, and to complete such ditch within given time, which time shall be fixed by the board in the contract. The contract shall further provide that the party constructing such ditch shall fur- nish water for the remaining one-half of the State lands at such reasonable rates as the board and the parties . building such ditch or canal may agree upon. Such con- contracts, how tract shall be drawn by the Attorney General, and signed drawn and by the Governor and register of the board, and by the^^'^®^- party desiring to construct such ditch; And, Provided, further, That if any person, other than the person mak- ing application for the purchase of said lands shall be 334 STATE BOARD LAND COMMISSIONERS. [Ch. 134. the highest bidder at the public sale thereof, such bidder shall, within such reasonable time as the board may fix, enter into a contract and bond, as required by the pro- visions of this act, for the construction of said ditch, and for the furnishing of water therefrom; and in the event of his failure to furnish a satisfactory bond and enter into the said contract within the time fixed, then such bid shall be disregarded and such public sale shall be void and of no effect. The board shall make the sale upon like conditions as other State lands are sold, and shall require a good and sufficient bond from the party desiring to construct such ditch, conditioned for the faithful performance of the contract and the conditions No title to pass of the Sale. And in no case shall the title of any of said lands pass from the State until the ditch shall have been completed and accepted by the board. Sec. 37. All purchase moneys arising from the sale of lands shall be paid by the register of the State Board of Land Commissioners to the State Treasurer, who shall receipt for same, and the sum shall be by him credited to the permanent fund to which the land belonged. All interest on purchase money and all rents received from lands leased shall be paid by the register of the State board to the State Treasurer, and by him credited to the income fund to which the land belonged. All such funds, whether permanent or income, unless otherwise disposed of by law, shall be invested: In the bonds of the State of Colorado ; in interest-bearing warrants of the State of Colorado; Provided, That such bonds or war rants shall be purchased only at a price not to exceed the par value of same, and the interest only shall be used for the purpose for which the grant was made; as di- rected by the State Board of Land Commissioners, such funds shall be invested in the legally issued bonds of such irrigation districts as may be lawfully organized within the State of Colorado ; Provided, That such bonds shall be made by law a first lien against the real estate comprising such district; Provided, further, That the proceedings relating to the issue of such bonds shall have been examined, approved and confirmed as by law provided; And, Provided, further, That the State Board of Land Commissioners shall not authorize the Treasurer to purchase more than ten per cent. (lOj^) of the total issue of such bond in any one irrigation district, as fol tin ditch 'Completed. aPayments to register. Interestf. Investment of funds. Bonds a first lien. Ch. 134.] STATE BOARD LAND COMMISSIONBES. 335 lows : The State Board of Land Commissioners shall be contracts with authorized to enter into a contract with the board of irrigation directors of an irrigation district; which contract shall ^®^°^®* provide that the Treasurer of the State of Colorado shall purchase the said amount of such bonds when the State Engineer shall certify to said board that the system of reservoirs, ditches or other irrigation works of said dis- trict, for' lie construction of which said bonds were voted, have been fully completed, and a sufficient water supply secured to successfully operate same. Permanent funds remaining uninvested as above pro- Loan of funds. vided, shall be loaned out by the Treasurer at the direc- tion of the State Board of Land Commissioners in sums of one thousand dollars or less to one person or company, in case it is found impracticable to keep the whole amount of funds loaned in sums of five hundred dollars or less to one person or company. In the event that such permanent funds can be kept loaned out in sums of five hundred dollars or less to one person or company, then no loan shall exceed five hundred dollars, nor shall a loan of such fund or funds be made to or in the interest of any member of the State Board of Land Commission- ers ; each loan shall be made for at least one and not Term of loan. more than five years, evidenced by promissory notes bear- ing six per . cent, interest, payable semi-annually, and compound delinquent interest shall draw the rate of seven per cent, interest. per annum, said promissory note to be secured by a deed secured by deed of trust on unincumbered real estate for at least double o' trust. the sum borrowed, situated in the county in which the loan is made, and appraised as hereinafter provided. Sec. 38. All applications to borrow from the per- Form of manent school fund or other permanent funds shall be applications for made through the board of county commissioners to the^^^^^' register of the State Board of Land Commissioners upon a blank form provided for that purpose, who shall cause the proper appraisement to be made by the board of county commissioners as hereinafter provided, and, if satisfactory, he shall examine any abstract of title which the proposed borrower may submit, or he may cause an abstract to be prepared at such borrower's expense. If the title is found to be perfect and the lands unincum- bered, he shall certify this fact to the State Board of Land Commissioners and submit the application and all the papers connected therewith to the board at its regu- 336 STATE BOARD LAND COMMISSIONERS. [Ch. 134. Protecting the loan by purchasing prior Hens. Each loan to be reported to the county commissioners. Depreciation of security. lar meeting, at which meeting the loan shall be approved or disapproved. If the application is accepted, the reg- ister of the State Board of Land Commissioners shall complete the contract by taking a promissory note, pay- able to the State Board of Land Commissioners, secured by a deed of trust, upon such unincumbered real estate, and shall certify same to the State Treasurer, who shall pay over to the borrower the amount named in the note. The board may reject the application for any good cause. If it shall happen that the loan is made upon real estate which is in fact incumbered other than for taxes, the Board of Land Commissioners may, when necessary for the safety of the loan, appropriate out of the fund from which the loan is made, if such incumbrance does not exceed one-half of the real value of the lands, so much as may be needed to take up and purchase the same, and may also, at any meeting, by resolution, assign, without recourse, upon payment of the amount due upon any note and deed of trust, to any person holding a subsequent lien upon the real estate held as security by said board. Sec. 39. Each loan made in the several counties, when fully completed, shall be reported by the register of the State Board of Land Commissioners to the board of county commissioners of the county in which the real estate and land offered as security are situated, and in which the loan is made, and a minute of such report shall be entered upon the records of such board and from time to time, at least once a year, all loans, with the security given, shall be carefully examined, and a report made to the State Board of Land Commissioners, which examination shall be conducted by a member of the board of county commissioners, or some competent person se- lected by it. When a report shows that the security in a given case has, for any cause, depreciated so that it is no longer sufficient, or it appears that there was a prior incumbrance thereon which materially affects the value of the security, the State Board of Land Commissioners shall order the debtor to furnish additional security, and shall fix a reasonable time within which the same shall be given, and if the party so ordered fails to comply therewith for thirty days after the date of such order, and the mailing of a copy of same to his last known postoffice address, the entire debt shall become due, and an action may be brought to enforce the collection thereof, and these provisions shall enter into and form a part of Ch. 134.] STATE BOARD LAND COMMISSIONERS. 337 the contracts of loans, whether incorporated therein in words or not. Sec. 40. When application is made for a loan as Applications herein provided, the register of the State Board of Land ^^^ ^^ans Commissioners shall refer said application to the board ^oun^ty^ ^^ of county* commissioners of the county in which the land commissioners. is situated which is offered as security for said loan, which board shall cause an appraisement to be made of They to the valuation of said land and the buildings thereon, and appraise shall certify to the register of the State Board of Land ^^^^^^^^^^^ Commissioners the valuation of same, together with a^^^^^ °^^* recommendation as to the sufficiency of the security, the character of the applicant, and the advisability of mak- ing said loan. Sec. 41. When a loan has been made and the bor- Renewals of rower desires to renew the same for one or more years, ^^^^^^ it may be done in the same manner as the loan was made in the first instance, but no new abstract, except a con- tinuation of the same down to the time, nor examination of title prior to the original loan, nor new deed of trust need be given, unless the deed of trust is to be given upon other lands. The time of payment, without further se- curity, may be extended in writing to be recorded as the original security was recorded, and before maturity of the claim when the State Board of Land Commissioners shall so order, but such extension of time shall not oper- ate to release any security held, and lapse of time shall in no case be a bar to any action to recover any part of the school or other permanent fund so loaned, nor shall it prevent the introduction of evidence in such action, any provision of the law to the contrary notwithstanding. Sec. 42. All payments of either principal or interest ^anT^^^^ ^^ upon loans, or of any other character, shall be made to the register of the State Board of Land Commissioners, and when the debt is fully paid the register of said board shall release any deed of trust, or issue certificate of purchase or patent, as the case may be, and report the same to the State Board of Land Commissioners at its next meeting, which report shall be carried into the rec- ords of the board. The register of the State Board of Land Commissioners shall also keep in his office, in books to be provided for that purpose, accounts to be known as "permanent fund accounts," in which a memorandum Permanent of all notes, mortgages, deeds of trust, bonds, money and '""^ accounts. 338 STATE BOARD LAND COMMISSIONBES. [Oh. 134. assets of every kind and description which may come into his hands as such register shall be entered and separated accounts of principal and interest must be kept. Loans to be Scc. 43. The State Treasurer and the State Super- apportioned intendent of Public Instruction shall, on the first day of ^^^^y^^^'®^^^ January of each year, apportion upon the basis of the school population of each county, as ascertained by the last preceding census, the amount of money from each of the various permanent funds to be loaned in compli- ance with this act in each county in the State, and shall certify the same to the register of the State Board of Land Commissioners, who shall certify the same to the county commissioners of each county, and it shall be the duty of said county commissioners, upon application from any citizen or citizens of said county, to inform him or them of the amount to be so loaned, and the terms thereof. County record Sec. 44. The cOuuty commissioners of each and of loan fund. evcry couuty in the State of Colorado shall keep a set of account books, showing the amount of money set aside to be loaned in their respective counties from the per- manent funds under the control of the State Treasurer, the amount loaned and interest due thereon, and shall keep a record of all reports made upon such loans or applications for loans passing through the hands of the board of county commissioners. Transfer of Scc. 45. When there are funds in the hands of the unioaned fund State Treasurer belonging to any of the permanent funds counties. which have been set apart for any county, amounting to one thousand dollars, that can not be loaned, the county treasurer shall certify this fact to the register of the State Board of Land Commissioners, who shall order a transfer thereof to some other county or counties where, in his opinion, it can be loaned, and the State Treasurer shall make such transfer. Upon such transfer being made, the State Treasurer, and also the register, shall deduct such amount from the amount apportioned to such county, and shall add the same to the amount apportioned to the county or counties to which the transfer is made with the amount so transferred. Sec. 46. The county in which any loan is made from r T o^iTsibi fo ^^^ permanent fund, either for school, agricultural col- blT^ioans^ °^ 1^S^> ^^ ^^y other permanent fund, under the control of the State Treasurer, which shall be derived from the Ch. 134.] STATE BOARD LAND COMMISSIONERS. 339 sale of lands appropriated by the Congress of the United States as a permanent grant, shall be responsible for any k>ss which may be incurred by any such loan from such fund, and in case a loss does occur because of such loan the county commissioners of the county in which such loan was made, and in which the land was situated which was given as security for said loan, shall make a tax Tax levy in levy at the next succeeding general tax levy to reimburse ^^^^ ^s®- the State Treasurer for such loss, which tax levy shall be added to the general tax levy for State and county purposes, and shall be collected proportionately from all of the taxable property situated within said county. Sec. 47. When outstanding notes for money of any Procedure on permanent fund loaned or interest thereon becomes due, loans overdue the register of the State Board of Land Commissioners and unpaid. shall, by mail, at once notify the debtor to make payment thereof within thirty days. If such debtors shall neglect to comply with such notice, the register of the State Board of Land Commissioners shall report the same to the Attorney General and to the attorney for the State Board of Land Commissioners, who shall immediately bring action to recover the same, and an injunction may issue for cause, without bond, when so prayed. Upon the sale of lands under an execution found upon a permanent fund claim or right, the register of the State Board of Land Commissioners shall bid at such sale as the inter- ests of such fund requires, and if struck off to the State it shall be thereafter treated in all respects the same as other lands belonging to said fund, and shall be regarded as property of the State as if the same had never been sold. Sec. 48. Any county officer failing or neglecting to Penalty for perform any of the duties which are required of him by neglect of duty the provisions of this act shall be liable to a penalty of offlcer"'^^^ not less than five dollars, and not more than five hundred dollars, to be recovered by an action of debt in the Dis- trict Court in and for the City and County of Denver by the State Board of Land Commissioners, the judgement . [judgment] to be entered against the party and his bonds- men, and the proceeds to go to the permanent public school fund. Sec. 49. When lands have been sold and have been saie of again recovered by the State Board of Land Commis-i^nds sioners in behalf of the fund to which they properly be- ^^"^^^ ^^' 340 STATE BOARD LAND COMMISSIONERS. [Ch. 134. Sales for cash. Collateral security. Interest due— when. Default in interest makes principal due. Mineral department. Superintendent of same. Duties of superintendent. long, upon a judgement [judgment] in favor of such fund, the land may be sold in like manner as other State lands. Sec. 50. When, in the judgement [judgment] of the State Board of Land Commissioners, any of the State lands are of such character that a sale upon partial credit would be unsafe and incompatible with the interests of such permanent fund, the State Board of Land Commis- sioners may exact the whole of the purchase money in advance, or, if it sells such land upon partial credit, it shall require good collateral security for the payment of the part upon which credit is given. Sec. 51. In all cases where money is due to any of the permanent funds, either for lands or purchase price of lands sold, or for interest upon either of same, the interest shall be made payable on the first day of Jan- uary and the first day of July of each year, and if the debtor fails to pay the same within thirty days thereafter, the entire amount of both principal and interest shall become due, and the register of the State Board of Land Commissioners shall at once make a report of same to the Attorney General and to the attorney for the State Board of Land Commissioners, wlio shall immediately commence action for the collection of the amount re- ported to them as due, and this section and each pro- vision thereof is hereby declared to be a part of every contract made by virtue of this chapter, whether ex- pressed therein or not. Sec. 52. The State Board of Land Commissioners are hereby authorized and directed to establish, under the jurisdiction of the register of the State Board of Land Commissioners, a mineral department, and appoint a superintendent of the same at a salary of two thousand dollars (\|2,000) annually, who shall have been a resident of the State of Colorado for more than five years last past, and shall have had experience as a mining engineer for at least five years, and shall be familiar with mining and the underground workings of mines. It shall be the duty of the superintendent to inspect in person all mines and other works operated under lease from the State of Colorado, for the production of precious metals, coal, iron, oil or other mineral products upon which rentals are due to the State upon the basis of a royalty upon the production therefrom, as often from time to time as he shall deem necessary for the purpose of estimating and Ch. 134.] STATE BOARD LAND COMMISSIONERS. 341 checking royalties therefrom; he shall also make sur- veys and keep such maps of the workings of all mines as will give the land department full information concern- ing the same; and shall supervise all mining and require the same to be done in accordance with the best methods of mining; he shall also check the royalties reported as due under such lease for the preceding month and com- pare the same with the surveys and other inspections made by him; and shall report on or before the 20th day Monthly of each month the result of such examinations and report, checking to the State Board of Land Commissioners; every mine and other works upon the public domain of the State of Colorado, held under lease therefrom by any person, association, co-partnership or corporation, shall be at all times subject to the inspection of the super- intendent. He shall inspect and examine all lands held under lease from the State of Colarodo, providing for the payment of royalties from the production thereform, and report to the State Board of Land Commissioners the condition of said lands, the amount of work and develop- ment done thereon by such lessee, and make such recom- mendations relative thereto as he may deem advisable. A further sum, not in excess of six hundred dollars superinten- (}600) annually, shall be allowed the superintendent for dent's expenses. Before entering upon his duties as superintend- expenses, ent, the appointee of the State Board of Land Commis- sioners shall give bond to the State of Colorado, in the Bond, penal sum of ten thousand dollars (\|10,000), conditioned upon the faithful discharge of his duties. Sec. 53. Any person, association, co-partnership or coai corporation leasing and operating coal lands under the royalties. provisions of this act shall pay to the deputy register of the State Board of Land Commissioners a minimum price of not less than ten cents (10) for each and every ton of coal mined from said land, to be paid monthly, on or before the 25th day of each month for the coal mined during the preceding calendar month. Should the Minimum person, association, co-partnership or corporation so tonnage, leasing coal land fail to mine during any one year the minimum amount that may be provided for in the terms of the lease, then the amount so paid shall be applied and deemed as an advance payment of royalty upon coal actually mined in any subsequent year in excess of the minimum provided for in said lease. The term ton, as Ton of coai— herein used, means twenty-seven (27) cubic feet of coal, how calculated. 342 STATE BOARD LAND COMMISSIONERS. [Ch. 134. Mining location on State lands. State patent to mining: locations. Coal, oil. and stone excepted. Allowance to lessees when their land is sold. measured in the solid, and shall be ascertained by the measurements of the space from which the coal is mined, deducting therefrom all space occupied by slate or other impurities. Such measurements shall be made monthly by the superintendent of the mineral department, accord- ing to the provisions of this act. Sec. 54. Ix)cations of mineral claims not exceeding three hundred feet wide and fifteen hundred feet long each, may be made upon unleased lands belonging to the State of Colorado, as hereinafter provided. The discoverer of a body of mineral, in either a lead, lode, ledge, deposit, vein or contact, shall immediately post conspicuously a notice declaring that he has made such discovery on the date attached to said notice. The locator shall be al- lowed ninety days from such date in which to perform assessment work by shaft or tunnel, which assessment work shall not be at a less cost than one hundred dollars in each year, and to survey and set the corner posts of said claim, and to file a certificate of location with the register of the State Board of Land Commissioners, which certificate shall be recorded in said oflSce, and an entry made upon the plat and tract books of such location; such procedure shall empower the locator to retain pos- session of and operate said claim for a period of one year, at the end of which time he shall be required to purchase said claim or take a lease upon such terms as may he agreed upon by the State Board of Land Commissioners. Should the locator elect to purchase said claim, it shall not be sold at less than ten dollars (flO) per acre. Sec. 55. Before any locator will be allowed to pur- chase the claim located by him, satisfactory proof must be submitted to the State Board of Land Commissioners that said section is more valuable for mineral purposes than for any other purpose, and that the mining claim for which patent is applied, contains a body of mineral in place of suflScient value to justify the operation of same as a merchantable product; Provided, That filing shall not be accepted upon coal, oil or stone land. Sec. 56. When an application to purchase State or school land, which has been under lease for not less than five years, shall be filed in the office of the State Board of Land Commissioners, the register shall refer the same to an appraiser, who shall visit the land proposed to be purchased, and who shall report in writing to the State i Ch. 134.] STATE BOABD LAND COMMISSIONBES. 343 Board of Land Commissioners, giving the value of said land at the time it was first leased, and an estimate of the present value of said land by reason of the lessee's cultivation and improvement of same, and fifty per cent, of the difference between the valuation at the time of issu- ing lease and the valuation at the time of filing the appli- cation for purchase, shall be allowed as an improvement to be paid for if land is purchased by any person other than the lessee, and the said lessee to receive the sum so paid by reason of the cultivation or improvement of said land as payment for his labor. Sec. 57. The State Board of Land Commissioners is Exchange of hereby authorized and empowered to exchange any lands, state lands the income from which is devoted to the public schools of ^ '°^®^^ the State of Colorado, the State University, the State Ag- ^®^®'^^«- ricultural College, Penitentiary, internal improvements, saline or any other lands which may be under the control of said State Board of Land Commissioners, and which may have been granted to said State of Colorado by the Congress of the United States, and which lands are sit- uated within the exterior boundary line of any federal forest reserve which may have been heretofore, or shall be hereafter established, for siich unappropriated federal lands in the State of Colorado as the State Board of Land Commissioners may select; and the register of said land board is hereby empowered to sign all papers necessary to such transfer, under the direction of said board. Sec. 58. All acts ai^d parts of acts in conflict with Repeal, the provisions of this act are hereby repealed. Approved April 12, 1905. 344 STATE BOARD OF [Oh. 135. CHAPTER 135. STATE BOAED OF MEDICAL EXAMINEES. (H. B. No. 148, by Mr. Dixon.) AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROTECT THE PUbLiC health and regulate the PRACTICE OF MED- ICINE IN THE STATE OF COLORADO," APPROVED MARCH 14, 1881, AND TO AMEND AN ACT ENTITLED "AN ACT TO AMEND AN ACT ENTITLED AN ACT TO PROTECT THE PUBLIC HEALTH AND REGULATE THE PRACTICE OF MED- ICINE IN THE STATE OF COLORADO,'" APPROVED APRIL 7, 1885. Be it Enacted hy the Oeneral Assembly of the State of Colorado: Amended. Section 1. That section one (1) of an act entitled "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows : state medical Section 1. A board is hereby established to be known board, how by the name and style of the State Board of Medical Ex- quaiiflcauL^ amiucrs. Said board shall be composed of nine practicing of members. physicians of integrity and ability, who shall be residents of, and have been duly licensed to practice medicine in this State, and who shall have been graduated from med- ical schools of high educational requirements and stand- ing, and have been engaged in the active practice of their profession within this State for a period of at least five Scope of duties years. Said board shall perform such duties, and pos- of board. gess and exercise such powers, relative to the protection of the public health and the control and regulation of the practice of medicine in this State as shall be in this act prescribed and conferred upon it. Amended. Sec. 2. That sectiou two (2) of an act entitled "An act to protect the public health and regulate the practice Ch. 135.] MEDICAL EXAMINERS. 345 1 of medicine in the State of Colorado," approved March 14, 1881, he and the same is hereby amended so as to read as follows : Sec. 2. The Governor shall appoint nine physicians, Governor who shall possess the qualifications specified in section 1 appoint of this act, to constitute the members of said board. Said ^^^.^^^ ^' members shall be so classified by the Governor that the term of office of three shall expire in two, three in four and three in six years from the date of appointment. Bi-Term^ of office ennially thereafter the Governor shall appoint three mem- ot members, bers, who shall possess the qualifications as specified in section 1 of this act, each to serve for the term of six years, and he shall fill vacancies in the membership of said board as soon as practicable. Sec. 3. That section three (3) of an act entitled "An Amended, act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows : Sec. 3. Said board shall biennially elect a president, officers of a vice-president and a secretary -treasurer from their mem- board, bership, and adopt a seal which shall be affixed to allseai. licenses issued by them. They shall, from time to time, adopt such rules and regulations as they may deem neces- sary for the performance of their duties, and a schedule of Rules, minimum educational requirements, which shall be ^ith- ^®^***^^^ ^^ out prejudice, partiality or discrimination as to schools or^^^" remen s. systems of practice of medicine. When an applicant for License without a license offers to the board satisfactory proof that he iias®^^^™^^°^~" T , .., 1 J ^. 1 . i • when issued. complied with such educational requirements as are speci- fied in said schedule, the board shall accept such proof as sufficient evidence of the educational qualifications of the applicant to entitle him to a license without examination ; Provided, however, That at no time shall said schedule for graduates after January 1, 1900, specify the attendance upon less than four full courses of instruction in four sep- arate years in a reputable medical school. They shall ^^^^^^j^^®^^^ keep on file with the Secretary of State for public inspec- requirements, tion a copy of their schedule of educational requirements and rules and regulations. Sec. 4. That section four (4) of an act entitled "An^^^^nded. act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 346 STATH BOABD OP [Ch. 135. Application to practice made to board. Unlawful to 1881, as amended by section one (1) of an act to amend an act entitled "An act to protect the public health and regulate the practice of medicine in the State of Colorado, approved March 14, 1881," approved April 7, 1885, be and the same is hereby amended so as to read as follows : Sec. 4. Any person wishing to obtain the right to practice medicine in this State, who has not heretofore been licensed so to do, shall before it shall be lawful for him to practice medicine in this State, make application to said State Board of Medical Examiners, through the secretary-treasurer thereof, upon such form and in such manner, as shall be adopted and prescribed by the board, and obtain from the board a license so to do. Unless practice without g^ch persou Shall havc obtained a license as aforesaid it license. ^yxsl^} be unlawful for him to practice medicine in this State; and if he shall practice medicine in this State without first having obtained such a license he shall be deemed to have violated the provisions of this act. All applicants for a license to practice medicine, or for a re- newal of any such license which has been revoked, shall furnish the board with satisfactory evidence of good moral character. Sec. 5. That section five (5) of an act entitled "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows : Sec. 5. Said board shall, have authority to adminis- ter oaths, to summon witnesses and to take testimony in all matters relating to their duties. Said board shall issue licenses to practice medicine to all persons who shall furnish satisfactory evidence of attainments and qualifications under the provisions of this act and the rules and regulations of the board. Such licenses shall be signed by the president and attested by the secretary- treasurer of the board under its adopted seal, and they shall be absolute authority to the persons to whom they are issued to practice medicine in this State. It shall be the duty of the secretary-treasurer under the direction of the board, personally or by deputy, to aid the several dis- trict attorneys of the State in the enforcement of this act and in the prosecution of all persons charged with violat- ing any of its provisions. Good moral character of applicant. Amended. Powers of board in fulflUingr their duties. Issue license- when. License sigrned and sealed. License authority to practice. Board aid in enforcing act. Ch. 135.] MEDICAL EXAMINEES. 347 Sec. 6. That section six (6) of an act entitled "An Amended, act to protect the public health and regulate the practice of medicine in [the State of] Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows: Sec. 6. There shall be paid to the secretary-treasurer Fee paid by of the State Board of Medical Examiners by each appli-PP"cant. cant for a license a fee of twenty -five dollars (f25.00), which shall accompany the application. Two-fifths of the fee shall be returned to the applicant in case the board shall refuse to grant him a license. Sec. 7. That section seven (7) of an act entitled Amended. "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows: Sec. 7. Examinations of applicants for license to Examinations, practice medicine shall be made by said State Board of Medical Examiners, according to the method deemed by it to be the most practicable and expeditious to test the applicant's qualifications. Such applicant will be desig- Applicant nated by a number instead of his name, so that his iden- designated by tity will not be disclosed to the members of the board, '^^™^«^- until after the examination papers are graded. The sub- subjects on jects of written; oral or clinical examinations shall be as which examined, follows: Anatomy, physiology, chemistry, symptomatol- ogy, toxicology, pathology, surgery and obstetrics, (ex- clusive of materia medica and therapeutics) . The creden- credentials of tials of applicants relating to their general reputation, applicant given their preliminary education and the courses of study they consideration, have pursued; the degrees they have received; the num- ber of years they have been engaged in the lawful prac- tice of medicine; their experience in general hospitals, medical departments of the army, navy and public health and marine hospital service ; licenses granted to them by other states and countries ; and their experience as teach- ers of medicine, shall be given due consideration by the board in conducting its examinations. Upon in vestiga- when license tion of an applicant's credentials the board shall, when granted, convinced that an applicant is qualified to practice medi- cine, grant him a license thereon without further examina- tion. Each applicant shall name his system of practice system of and no person shall use the name of any system unless he practice. 348 STATE BOABD OP [Ch. 135. Amended. License must be recorded. Failure to record. Amended. County recorder keep records of licenses. Amended. Board may refuse to grant or may revoke license. Grounds for refusal or revocation. holds a certificate from the state association of such system. Sec. 8. That section eight (8) of an act entitled "An act to protect the public health and regulate the prac- tice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows: Section 8. Every person who shall receive a license from the State Board of Medical Examiners shall have it recorded in the oflSce of the recorder of deeds. of the county in which he resides, and shall likewise have it recorded in the counties to which he shall subsequently remove for the purpose of practicing medicine. The failure on the part of the holder of a license to have it recorded, before he shall begin the practice of medicine Id this State, shall render it null and void. Sec. 9. That section nine (9) of an act entitled "An act to protect the public health and regulate the prac- tice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows: Sec. 9. The recorder of deeds of each county in this State shall keep for public inspection, in a book provided for that purpose, a complete list and descrip- tion of the licenses recorded by him. When any such license shall be presented to him for record he shall stamp or write upon the face thereof his signed memo- randum of the date when such license was presented for record. Sec. 10. That section ten (10) of an act entitled "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows : Sec. 10. The State Board of Medical Examiners may refuse to grant, or may revoke, a license to practice medicine in this State, or may cause a licentiate's name to be removed from the record in the office of any re- corder of deeds in the State upon any of the following grounds, to wit: The employment of fraud or decep- tion in applying for a license, or in passing the exam- ination provided for in this act; the practice of medicine under a false or assumed name, or the personation of L Ch. 135.] MEDICAL EXAMINERS. 349 another practitioner of a like or different name; the conviction of a crime involving moral turpitude; habit- ual intemperance in the use of ardent spirits, narcotics or stimulants to such an extent as to incapacitate for performance of professional duties; the procuring or aiding or abetting in procuring a criminal abortion; the obtaining of a fee on the representation that a mani- festly incurable disease can be permanently cured; caus- ing the publication and circulation of an advertisement of any medicine or means whereby the monthly periods of women can be regulated, or the menses, if suppressed, can be re-established; causing the publication and cir- culation of an advertisement relative to any disease of the sexual organs. Any person, who is a licentiate, or copy of who is an applicant for a license to practice medicine, complaint against whom any of the foregoing grounds for revok- burnished to « «•! ji* • iij .^ pa>ILy Cil8.]rK6Q. mg, or refusing to grant, a license is presented to said board with a view of having the board revoke, or re- fuse to grant, a license, shall be furnished with a copy of the complaint, and shall have a hearing before said Hearing. board in person or by attorney, and witnesses may be examined by said board respecting the guilt or inno- cence of said accused. Said board may at any time if license within two years from the refusal or revocation of aj'®^^^®^' ^®^ license or cancellation of registration under this sec- iggug^-when.^ tion, by a majority vote, issue a new license, or grjnt a license, to the person affected, restoring, or conferring, all the rights and privileges of, and pertaining to, the practice of medicine as defined and regulated by this act. Any person to whom such rights and privileges Fee for new have been so restored shall pay to the secretary -treas- license, urer a fee of ten dollars (f 10.00) upon the issuance of a new license. Sec. 11. That section eleven (11) of an act entitled Amended. "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows: Sec. 11. The terms, "practice of medicine," "to construction practice medicine," ^^practicing medicine" and "practice of terms. medicine," as used in this act are hereby defined to mean holding oneself out to the public as being engaged within this State in the diagnosis and treatment of dis- eases or injuries of human beings; or the suggestion. 350 STATE BOARD OF [Ch. 135. Assuming medical title, prescribing, etc., prima facie proof of practicing. When license is not needed. Amended. recommendation or prescribing of any form of treatment for the intended palliation, relief or cure of any physical or mental ailment of any person, with the intention of receiving therefor, either directly or indirectly, any fee, gift or compensation whatsoever; or the maintenance of any office for the reception, examination and the treat- ment of any person suffering from disease or injury of body or mind; or attaching the title of M. D., surgeon, doctor, or any other word or abbreviation to bis name, indica- tive that such person is engaged in the treatment or diagnosis of the diseases or injuries of human beings. If any person shall hold himself out to the public as being engaged within this State in the diagnosis and treatment of diseases or injuries of human beings; or shall suggest, recommend or prescribe any form of treatment for the palliation, relief or cure of any phys- ical or mental ailment of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift or compensation whatsoever; or shall maintain an office for the reception, examination and treatment of diseased or injured human beings; or shall attach the title of M. D., surgeon, doctor, or any other word or abbreviation to his name indicative that he is engaged in this State in the treatment of diseased or injured human beings; and shall not in any of these cases, there- tofore have received, or shall not in any of these cases, then possess, in full force and virtue, a valid license to practice medicine under the laws of this State, he shall be deemed to be practicing medicine without complying with the provisions of this act and in violation hereof. Nothing in this act shall be construed to prohibit gra- tuitous service in case of emergency, nor the practice of the religious tenets or general beliefs of any church whatsoever, not prescribing medicine or administering drugs, nor shall it apply to commissioned surgeons of the United States army, navy or public health and ma- rine hospital service, while so engaged, nor to regularly licensed physicians called from other states or terri- tories to attend specific cases in this State, nor the practice of dentistry, nor the practice of osteopathy when not prescribing medicine, or administering drugs. Sec. 12. That section twelve (12) of an act entitled "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved Ch. 135.] MEDICAL EXAMINEES. 351 March 14, 1881, be and the same i» hereby amended so as to read as follows: Sec. 12. Any person practicing medicine in this violation State, without complying with the provisions of this act, of act. or any person who shall have violated the provisions of this act shall be deemed guilty of a misdemeanor, and Misdemeanor. upon conviction thereof, shall be punished by a fine of not less than fifty dollars (f 50.00), nor more than three Penalty. hundred dollars (f300.00), or by imprisonment in the county jail for not less than ten (10) days nor more than thirty (30) days, or by both. Any person presenting or attempting to file as his own, the diploma or certificate impersonation or credentials of another, or who shall give either false ggntation^^^ or forged evidence of any kind to the State Board of Medical Examiners, or any member thereof, in connec- tion with an application for a license to practice medi- cine, or who shall practice medicine under a false or assumed name, or who shall falsely personate another practitioner of a like or different name, shall be deemed guilty of a felony, and upon conviction thereof shall be Felony. punished by imprisonment in the State Penitentiary for a term of not less than one (1), nor more than ten (10) Penalty. years, at hard labor. Sec. 13. That section thirteen (13) of an act entitled Amended. "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows: Sec. 13. All fees received by the State Board of Application of Medical Examiners and all fines collected by any officer fees and fines. of the law under this act, shall be paid to the secretary- treasurer of said board, who shall, at the end of each and every month, deposit the same with the State Treasurer, and the said State Treasurer shall place said money so received in a special fund to be known as the fund of the State Board of Medical Examiners, and shall pay the same out on warrants drawn by the Auditor of the State therefor, upon vouchers issued and signed by the presi- dent and secretary-treasurer of said board. Said moneys so received and placed in said fund may be used by the State Board of Medical Examiners in defraying their ex- Balance of penses in carrying out the provisions of this act. At the '^^^gj^^j. ^ ^^ end of every biennial period, if there shall remain in said genw-ai"^ fund any balance, said balance shall be transferred to revenue fund. 352 STATE BOABD OF NUE8E [Oh. 136. Accounts and report. Compensation of members and officers of board. Repeal. Bmergrency. the general revenue fund of the State. The secretary- treasurer of said board shall keep a true and accurate account of all funds received and all vouchers issued by the board; and on the first day of December of each year he shall file with the Governor of the State a report of all receipts and disbursements for said board for the preced- ing fiscal year. Members of said board shall receive a per diem for the time during which they shall be actually engaged in the discharge of their duties; and the secretary -treasurer shall receive a salary; said per diem and salary shall be fixed by the board, and together with all other expenses shall be paid out of the fund of the State Board of Medi- cal Examiners. Sec. 14. That section two (2) of an act entitled "An act to amend an act entitled ^An act to protect the public health and regulate the practice of medicine in the State of Colorado,' approved March 14, 1881," approved April 7, 1885, be and the same is hereby repealed. Sec. 15. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 20, 1905. CHAPTER 136. STATE BOABD OF NTJBSE EXAMINEBS. PROFESSIONAL NURSING. (H. B. No. 32, by Mr. Keezer.) AN ACT RELATING TO PROFESSIONAL NURSING. Governor appoint Board of Nurse Examiners. lie it Enacted hy the General Assembly of the State of Colorado: Section 1. That within sixty days after the taking effect of this act, the Governor of the State shall appoint a State Board of Nurse Examiners, to be composed of five Ch. 136.] EXAMINERS. 353 members. Each of the members of said board, so ap- pointed by the Governor shall be a trained nurse of at Qualification of least twenty-three (23) years of age, of good moral char- members of acter, who is a graduate from a training school, con-^^®''"^' nected with a general hospital or sanitarium of good standing^ where a three years' training with a systematic course of instruction is given in the wards; one of the members of said board shall be designated by the Gov- ernor to hold office for one year, one for two years, one Term of office. for three years, one for four years, and one for five years, and thereafter upon the expiration of the term of office of the person so appointed, the Governor shall appoint a successor to each person to hold office for five years, each of whom shall be a registered nurse under the pro- visions of this act and shall fulfill the requirements in this section set forth. Sec. 2. That the members of said board shall, as Meetings soon as organized, annually in the month of April elect ot board, from their members a president and a secretary, who shall also be the treasurer. Three members of this board shall constitute a quorum, and special meetings of said board shall be called by the secretary upon the written request of any two members. The board is authorized Rules and to make such by-laws and rules as shall be necessary to t>y-iaws. govern its proceedings and to carry into effect the pur- pose of this act. The secretary shall be required to keep Record of a record of all the meetings of said board, including a ™®®*"8^^ ^^^ register of the names of all nurses duly registered under ^^^^^^^ ^^ this act, which shall at all reasonable times be open to ""^^^ public scrutiny, and said board shall cause the prosecu- tion of all persons violating any of the provisions of this act, and may incur necessary expenses on that behalf. That the president and secretary shall make a biennial Report, report to the Governor on the second Monday of Decem- ber immediately preceding the convening of the Legis- lature, together with a statement of the receipts and dis- bursements of said board. Sec. 3. That after April, 1906, it shall be the duty Notice of of said board to meet not less frequently than once in meetings, every three (3) months, notice of which meeting shall be given to the public press and in one nursing journal one month previous to the meeting. At said meetings it shall be the duty of the board to examine all applicants for 354 STATE BOABD OF NUBSE [Ch. 136. Examination of applicants. Foreign Applicants. Requirements of nurses now practicing. Unlawful to practice without being registered. Board may revoke certificates. registration under this act. Upon filing application for examination each applicant shall pay a registration fee of ten dollars. The examination shall be of such charac- ter as to determine the fitness of the applicant to prac- tice professional nursing as contemplated by this act. If the result of the examination of any applicant shall be satisfactory to a majority of the board, the secretary shall, upon an order of the board, issue to the appplicant a certificate to that effect; whereupon the person named in the certificate shall be declared duly qualified to prac- tice professional nursing in this State. Any person from any other state who shall show to the satisfaction of the board that he or she is a trained, graduate nurse of a hospital or sanitarium, the standard of instruction and training of which shall meet the requirements of the rules prescribed by said board, may upon payment of the usual fee therefor, receive a certificate and be registered as a nurse of this State without examination. Sec. 4. That all nurses who are engaged in nursing at the date of the passage of this act and who shall show to the satisfaction of said board that they are graduates of training schools connected with a hospital or sani- tarium giving two years' general training, or prior to the year 1901 having given eighteen months' general train- ing and who maintain in other respects proper standards; or who are in training in the wards of a general hospital or sanitarium where a two years' training with a systematic course of instruction is given at the time of the passage of this act, and shall graduate hereafter, and possess the above qualifications, shall be entitled to registration without examination, provided such application be made to this board before April, 1906. It shall be unlawful after April, 1906, for any person to practice nursing as a trained, graduate, or registered nurse without a certifi- cate from the State Board of Nurse Examiners. A nurse who has received his or her certificate according to the provisions of this act shall be styled and known as a "Registered NurSe." No other person shall assume such title or use the abbreviation R. N., or any other letters to indicate that he or she is a trained, graduate, or reg- istered nurse. Sec. 5. That State Board of Nurse Examiners shall have the power to revoke any certificate issued in ac- cordance with this act bv unanimous vote of said board Ch. 136.] EXAMINERS. 355 for gross incompetency, dishonesty, habitual intemper- ance, or any act derogatory to the morals or standing of the profession of nnrsing, as may be determined by the board; bnt before any certificate shall be revoked the holder thereof shall be entitled to at least thirty days^ notice in writing of the charge against him or her, and of the time and place of hearing and determining of such charges, at which time and place he or she shall be en- titled to be heard. Upon the revocation of any certifi- cate, it shall be the duty of the secretary of the board to strike the name of the holder thereof from the roll of registered nurses. Sec. 6. All fees received by the State Board of Nurse Application Examiners, and all fines collected under this act, shall o^ 'e^- be paid to the treasurer of said board who shall at the end of each and every month deposit the same with the State Treasurer; and the said State Treasurer shall place said money so received in a special fund to be known as. the fund of the State Board of Nurse Examiners, and shall pay the same out on vouchers issued and signed by the president and secretary of said board upon warrants drawn by the Auditor of the State therefor. All moneys so received and. placed in said fund may be used by the State Board of Nurse Examiners in defraying its ex- penses in carrying out the provisions of this act. Sec. 7. This act shall not be construed to affect or Gratuitous apply to the gratuitous nursing of the sick by friends nursing, of members of the family or to any person nursing the sick for hire who does not in any way assume the practice as a trained, graduate, or registered nurse. Sec. 8. That any person violating the provisions of violation of this act, or who shall make any false representations to act- said board, in applying for a certificate, shall be guilty misdemeanor, of a misdemeanor, and, upon conviction, be punished by a fine of not more than three hundred dollars ($300.00) ; Provided ; That nothing in this act shall apply to nurses who have served as such in the army of the United States Army nurses, in the Civil war or the Spanish- American war. Sec. 9. In the opinion of the General Assembly an Emergency, emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 11, 1905. 356 STATE HISTORICAL SOCIETY. [Ch. 137. CHAPTER 137. STATE HISTOBICAL AND NATTTSAL HISTOBY SOCIETT. (H. B. No. 2U7, by Mr. Cannon.) AN ACT FOR THE PROCUREMENT OF ARCHAEOLOGICAL, ETHNOLOGI- CAL, ANTHROPOLOGICAL, HISTORICAL AND NATURAL HISTORY COLLECTIONS, AND FOR THE BINDING AND PRESERVATION OF DOCUMENTS AND PAPERS NOW OR LATER THE PROPERTY OF THE STATE HISTORICAL AND NATURAL HISTORY SOCIETY OF COLORADO, AND PRO- VIDING AN APPROPRIATION FOR THE SAME. State Historical Society. To secure collections. Procure data. Preserve and protect documents. Appropriation. Collections classed and catalogued. Free to public inspection. Expenditures paid on vouchers. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That to enable the State Historical arid Natural History Society of Colorado to secure archaeolog- ical collections of the handiwork of an ancient people, commonly known as the Cliff Dwellers, to secure ethno- logical collections of a like work of the Indian tribes, now living or at some former time having lived in this State and in adjacent states and territories, to make collections of natural history objects of the Rocky Moun- tain region, to procure historical data relating thereto, and to enable said society to collect, preserve and pro- tect all historical or scientific papers and documents, now the property of said society, the sum of six thousand dollars be and hereby is appropriated out of any moneys in the State Treasury and not otherwise appropriated. Sec. 2. Such collections of a scientific or historical nature shall be properly classed and catalogued, and shall be at all reasonable hours free for public inspection and examination, but under such rules and regulations as shall be prescribed or adopted by said society. Sec. 3. All expenditures arising from the sum hereby appropriated shall be paid on vouchers duly exe- Ch. 138.] SUPREME COURT. 357 cuted on the State Auditor and approved by the president and secretary of said society, and an annual report of Annual report such expenditures shall annually be made to the (jov- ernor of this State. Approved April 10, 1905. CHAPTER 138. SUPREME COURT. (S. B. No. 161, by Senator Campbell.) AN ACT IN RELATION TO THE EMPLOYES OF THE SUPREME COURT OF THE STATE OF COLORADO. Be it Enacted by the General Assembly of the State of Colorado: Section 1. The Supreme Court of the State of Colo- supreme court rado is hereby authorized to appoint one chief clerk, "™^^® two deputy clerks, two bailiffs, and one librarian of the ^^^° ^ ments. Supreme Court Library, whose salaries shall be paid by the State Treasurer monthly out of the general fund of the State of Colorado, as follows : Chief clerk, an annual Salaries. salafy of three thousand five hundred (t3,500) dollars; first deputy clerk, an annual salary of three thousand (f 3,000) dollars; second deputy clerk, an annual salary of two thousand ($2,000) dollars; two bailiffs, an annual salary of twelve hundred (f 1,200) dollars each; one libra- rian of the Supreme Court Library, an annual salary of fifteen hundred (?1,500) dollars. Sec. 2. Each Judge of said Supreme Court is au- Judges appoint thorized to appoint one skilled stenographer, whose an- stenographers, nual compensation shall be twelve hundred ($1,200) dol- lars, payable monthly out of the general fund of the State of Colorado. Sec. 3. All parts of acts in conflict herewith are Repeal, hereby repealed. 358 TRUST DEEDS. [Ch. 139. Emergency. Sec. 4. In the opinion of the General Assembly an emergency exists, therefore this act shall take effect from and after its passage. Approved April 5, 1905. CHAPTER 139. TRUST DEEDS. PUBLIC TRUSTEE. (S. B. No. 86, by Senator Anfenger.) AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO PROVIDE THAT THE PUBLIC TRUSTEE OF THE CITY AND COUNTY OF DENVER PERFORM ALL DUTIES HERETOFORE PER- FORMED BY THE PUBLIC TRUSTEE OF THE FORMER COUNTY OF ARAPAHOE UNDER THE TERMS OF DEEDS OF TRUST HERETOFORE EXECUTED TO THE PUBLIC TRUSTEE OF SAID ARAPAHOE COUNTY, WHERE THE PROPERTY COVERED BY SAID DEEDS OF TRUST IS NOW SITUATED IN THE CITY AND COUNTY OF DENVER," AP- PROVED MARCH 11, 1903. Amended. Public trustee of city and county of Denver. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That section 1 of an act entitled "An act to provide that the Public Trustee of the City and County of Denver perform all duties heretofore performed by the Public Trustee of the former County of Arapahoe under the terms of deeds of trust heretofore executed to the Public Trustee of said Arapahoe County, where the prop- erty covered by said deeds of trust is now situated in the City and County of Denver;" approved March 11, 1903, be amended to read as follows : Section 1. The Public Trustee in and for the City and County of Denver, now serving, or hereafter ap- pointed, is hereby empowered to execute all powers and Ch. 140.] TRUST DEEDS. 359 perform all duties heretofore executed or performed by powers of. the Public Trustee of the former County of Arapahoe, State of Colorado, in relation to all deeds of trust hereto- fore executed to the Public Trustee of said Arapahoe County. Section 2. Whereas, in the opinion of the General Emergency. Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 11, 1905. CHAPTER 140. TRUST DEEDS. RELEASE OF. (S. B. No. 8, by Senator Anfenger.) AN ACT CONCERNING THE RELEASE OF DEEDS OF TRUST. Be it Enckcted "by the General Assembly of the State of Colorado: Section 1. Deeds of trust covering premises situate when sheriff in the State of Colorado, wherein .the county sheriff of <>' former the former County of Arapahoe was named as the suc-^®"^^®' . J 11 jiij^i'-i^j^-i Arapahoe cessor in trust, may, upon the payment of the indebted- named as ness thereby secured and the happening of any event successor, therein specified, authorizing the successor in trust in said deeds to act, be released and the liens thereof dis- charged in the following manner : The sheriff of the City and County of Denver, now Sheriff of city or hereafter acting, is hereby empowered to execute re- f;"^ °°^^y ®' leases of all such deeds of trust. f^^l^ ""^^ Sec. 2. Deeds of trust covering premises situate in the State of Colorado, wherein the county treasurer of when treasurer the former County of Arapahoe was named as the sue- was named as cessor in trust, may, upon the payment of the indebted- ^^°°®®®®^* ness thereby secured and the happening of any event 360 WATER USERS^ ASSOCIATIONS. [Gh. 141. therein specified, authorizing the successor in trust in said deeds to act, be released and the liens thereof dis- charged in the following manner : Treasurer of The treasurer of the City and County of Denver, now oi%eiivernia^ ^^ hereafter acting, is hereby empowered to execute re- nver may j^^^^g ^^ ^\|j ^^^j^ deeds Of trUSt. Sec. 3. Deeds of release executed under the provis- ions of this act, and the recitals therein contained, shall have the same force and effect as though the persons executing such deeds of release had been originally ap- pointed and named as the successors in trust in said deeds of trust, respectively. Sec. 4. It is the opinion of the General 'Assembly that an emergency exists; therefore this act shall take effect and be in force from and after its passage. Approved March 25, 1905. release. Force and effect of such releases. Emergency. CHAPTER 141. WATER USEES' ASSOCIATIONS. FEES AND TAXATION. (S. B. No. 331, by Senator Taylor.) AN ACT CONCERNING WATER USERS' ASSOCIATIONS ORGANIZED UNDER THE RECLAMATION ACT OF'^CONGRESS OF JUNE 17TH, 1902. Exempt from income and annual tax. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That any water users' association which is organized in conformity with the requirements of the United States, under the reclamation act of June IT, 1902, and which, under its articles of incorporation, ifi authorized to furnish water only to its stockholders, shall be exempt from the payment of any income tax and from the payment of any annual franchise tax, but shall be \ Ch. 142.] WATER WORKS. 361 required to pay, as preliminary to its incorporation, only a fee of twenty dollars (120.00) for the filing and record- incorporating ing of its articles of incorporation and the issuance of '®®^- certificate of incorporation. Sec. 2. That any water users' association organ- May furnish ized in conformity with the requirements of the United recorder with States, under the reclamation act of June 17, 1902, may, recording stock with the consent of the county commissioners, furnish subscriptions, the clerk and recorder of any county in Colorado, a book, or books, containing printed copies of its articles of incorporation and forms of subscription for stock, and the county clerk and recorder to whom such book or books shall be furnished, shall use the same for record- ing the stock subscriptions in such association, and the charges for the recording thereof shall be made on the Recorder's fees. basis of the number of words actually written therein. Sec. 3. All acts or parts of acts inconsistent here- Repeal, with are hereby repealed. Approved April 10, 1905. CHAPTER 142. WATEK WORKS. (H. B. No. 199, by Mr. Metz.) AN ACT TO PROVIDE FOR THE CREATION OF PUBLIC WATER WORKS DISTRICTS IN CITIES OF TEN THOUSAND POPULATION OR OVER; FOR THE CONSTRUCTION, PURCHASE OR CON- DEMNATION OF WATER WORKS THEREFOR; FOR THE IS- SUING OF BONDS OF SUCH DISTRICT FOR SUCH PUR- POSE; AND FOR THE MANAGEMENT OF THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That whenever in cities having a population of ten thousand or over, there shall be pre- cities of io,ooo. sented to the city council thereof a petition signed by petition of loo not less than one hundred qualified electors, as shown electors. 362 WATEB WORKS. [Oh. 142. Property owners. Water works district. City council to define boundaries. Name and number. To specify whether, by construction, puchase or condemnation. City engineer make estimate. Estimate of value of old water works. Special election. The questions to be voted on. Bonds. Notice of election. by the poll lists of the last city election, who are also property owners in such part of said city as is sought to be made a public water works district as herein pro- vided, praying for the creation of such water works dis- trict, the said city council shall forthwith by resolution set off, establish and define the territorial boundaries of a public water works district within said city, which shall include all such contiguous parts of said city as are not then supplied with public water works; which said district shall be by said city council designated a public water works district by suitable name or num- ber. Said petition shall specify one or more methods by which it is proposed to provide said district with water works, whether by construction, purchase or condem- nation. Sec. 2. Upon the defining of the boundaries of such district, as aforesaid, if requested so to do in said pe- tition, the city engineer of said city shall forthwith pre- sent to said city council an estimate of the cost of con- structing a system of public water works for said dis- trict suflScient for the needs therefor; and in case there are existing water works which may be condemned or purchased under the provisions hereof, if requested so to do in said petition, he shall present an estimate of the value of such existing water works, which estimates shall be stated in said notice. Sec. 3. The city council, upon the filing of said petition, if no estimates by the city engineer are re- quested, or as soon as said estimates are received, if re- quested in said petition, shall call a special election within said proposed district for the purpose of enabling the persons having the qualifications hereinafter pre- scribed, to vote: (1) Upon the question of creating such public water works district. (2) Upon the method of providing said district with public water works. (3) Upon the creating of a bonded indebtedness of said district therefor. Sec. 4. Notice of such election shall be given by said city council by publication at least fifteen (15) days prior to said election in some daily newspaper, or if Ch.l42.] WATEE WOEKS. 363 there be no daily newspaper published in said city, then Newspaper at least three times in some weekly newspaper at that publication, time published in the county, and by at least one notice posted in each election precinct in said district, which Date of said notices shall designate the day and hour of such election, election, giving not less than four hours of daylight Pour hours therefor. Said election shall be held at suitable places, to vote, to be provided by said city council, in the respective Poiiin precincts, or parts of precincts in said district, as es- places. tablished and existing at the last election held in said city prior to such call. Said notice shall describe the boundaries of such what notice - proposed district, and state the questions to be voted to contain, upon, as hereinbefore provided, including the estimated cost of providing such water works by each of the meth- ods proposed if such estimates are requested in said petition; Provided, That no proposal to purchase a Proposition system of water works shall be so submitted to vote -ex- ^f sale of cept upon a proposition by the owner or owners thereof, ^^^ works, with price and terms of sale, which shall be stated in said notice. Sec. 5. "the said city council shall appoint three Judges and judges of election for each of said precincts in said dis- ^^^^^ ^^^ trjet, who shall appoint a clerk of election in each pre- ®^^ ^^^^ ^^^' cinct, and be sworn as in other elections under the laws of this State. Said election shall be conducted in all respects in Election- accordance with the laws of this State governing city how elections, so far as the same are applicable, and not in conducted. conflict with the provisions hereof. No person shall be entitled to vote at such election Electors to be unless he shall be a duly qualified elector of said pro- taxpayers, posed district, and shall have paid a tax upon realty therein within one year prior to the date of such elec- tion. Each voter so qualified to vote shall be entitled Ballots. to vote on each of the questions submitted as aforesaid; and there shall be provided by such city council proper ballots to enable each voter at said election to vote either for or against each proposition so submitted to vote. At the hour designated therefor in the call for count of such election, the ballot boxes in the several precincts ballots, shall be closed, the ballots counted, and the returns canvass-how thereof made to the city clerk; said returns shall be conducted. 364 WATER WORKS. [Ch. 142. Certificate of the canvass. Majority requisite. Amount of bonds. The bonded debt special. Mayor appoint first board of water works. Council to confirm. Successors elective. Compensation. canvassed by the city clerk, the city auditor, and the city treasurer of said city, as soon as all of said returns have been so made; and the results shall be forthwith certified to the said city council. Sec. 6. If a majority of the votes cast at said elec- tion shall be for the formation of a public water works district, then ^aid public water works district shall be deemed to be legally established, upon the certifying to the city council of said canvass, as aforesaid. A ma- jority of all the votes cast at such election shall be necessary to authorize the acquisition of water works by said district by any of the methods herein provided for; and if more than one method of providing such water works be submitted to vote, that method for which the greatest number of votes is cast shall be deemed adopted and authorized. If a majority of the votes cast at said election shall be for the bonds, then the creation of a bonded indebtedness for said district for the purpose of making said improvement shall be con- sidered as duly authorized in the amount designated by said notice and call; Provided, That if such water works are acquired by condemnation proceedings, the bond issue so authorized shall be held to include such amount as may be necessary to provide funds for acquir- ing such water works by condemnation proceedings, whether the sum exceeds the estimate stated in said call or not. Such bonded indebtedness shall not be considered a part of the general indebtedness of said city. Sec. 7. Upon the establishment of any public water works district as hereinbefore provided, the mayor of said city shall appoint three competent persons, who are qualified electors of said district and freeholders therein, who shall, upon confirmation by the vote of three-fourths of the members of said city council, constitute a board of water works for said district. Said officers shall act as members of said board until the next regular city elec- tion. At said next regular city election, and at every regular city election thereafter, there shall be elected in said district three members of said water works board, who shall be qualified electors of said district and free- holders therein. The members of said board shall re- ceive such compensation for their services as said city council may by ordinance provide, to be paid out of the Ch. 142.] WATEE WOEKS. 365 revenues from said water works. The members of said board before entering upon the duties of their said office, oath of office, shall each take the oath of office required of other city officers, and give to the said city a bond, with sufficient Official bond surety, in the penal sum of ten thousand dollars, to be^^^^- approved by said city council, for the faithful perform- ance of their said duties. Said officers so elected shall ^^^ ^^ take office at the time fixed by law for taking office by° ^®' other city officers elected at such election. In case of a vacancy in said office by death, resignation or removal, '^^^^'^^®^- the same shall be filled, until the next regular city elec- tion, by appointment by the mayor and confirmation by the city council as aforesaid. Said board shall organize by the election of a presi- President and dent and a secretary, from the members thereof. secretary. Sec. 8. If the creation of a bonded indebtedness be city council authorized as hereinbefore provided, the city council provide for shall forthwith provide for the issue of bonds of said city ^^^ ®®^®* in the amount so authorized. Said bonds shall be pay- able in twenty-five years, and redeemable after ten years Twenty-flve in the manner hereinafter provided, with interest at a^®'^ rate not exceeding six per cent, per annum. Said inter- interest. est shall be payable semi-annually, and be evidenced by coupons attested by a fac-simile of the signature of the coupons, said city clerk of said city. All bonds issued under the provisions of this act shall be payable at such place as may be designated in said bonds, shall constitute a lien Bonds a iien. upon the taxable real property in said district only, and shall be payable out of the revenues from said water works, and out of any moneys derived from special charges imposed by said board of water works, as herein- after provided, and from any special assessment of taxes levied by said city under the provisions of this act. All bonds issued pursuant hereto, shall state on Form of fac» their face that they are issued under the provisions of o' ^o"^- this act, and that they constitute a lien upon the taxable real property in said district only, and upon the revenues of such water works and the special charges above men- tioned; they shall be issued in the name of said city, and be signed by the mayor of said city, and be attested by the city clerk thereof under the seal of said city, and shall, previous to the sale thereof, be duly registered by to be the city clerk of said city in a book to be kept for that registered, purpose in his office. 366 WATKB WORKS. [Ch. 142. Sale of bonds. Contracts and manafirement. Protection and purity. Five-mile protection. Rules. Contracts over $260 to lowest bidder. Annual assessment. Levied on the frontage. Notice of assessment. Opportunity to protest. Charges reasonable and uniform. The said city shall dispose of said bonds to the best advantage, and apply the proceeds of the sale thereof to the providing of a system of water works for said district as authorized by said election. Sec. 9. The said board of water works shall have power to enter into all contracts, in the na,me of said district, and to do all things necessary to provide a system of water works for said district as provided by this act, and for the management, operation and control thereof. For the purpose of maintaining and protecting said water works from injury, and the water from pollu- tion, the jurisdiction of said board shall extend over the territory occupied by said works, and all reservoirs, streams, trenches, pipes and drains, used in and neces- sary for the construction, maintenance or operation of the same, and over the stream or source from which the water is taken for five miles above the point from which it is taken. It shall have power to make all needful rules and regulations concerning the use of water sup- plied by said water works, and for carrying into effect the powers herein granted. All work done by the said board in the construction of said water works, and all work done in the improving or extending thereof, exceeding two hundred and fifty dollars in cost, shall be done by contract to the lowest responsible bidder, upon open bids after ample advertise ment. It shall be lawful for said board to levy annually an assessment qpon each lot or parcel of ground which shall abut on any street, alley, or avenue in said dis trict, through which the distributing pipes of said water works are, or may be, laid, so as conveniently to supply said lot or parcel of ground with water, whether water be used upon said lot or parcel of ground or not; which said assessment shall be levied at a uniform rate, ac- cording to frontage; Provided, That at least ten days' notice of such assessment shall be given by publication in some newspaper published in said city, stating the time at which said assessment will be made, and giving all persons interested therein an opportunity to appear and make objection thereto. Said board shall levy and collect reasonable charges, at uniform rates for like service, for all water supplied Ch. 142.] WATER WORKS. 367 by said water works for domestic uses, irrigation, op other purposes. All such assessments and charges shall become and charges be a continuing lien and charge upon the lots or parcels a uen. of ground upon which they are respectively levied, and upon the building or buildings or other improvements situate thereon, if any, and have priority over all other liens except general taxes; and such lien or charge may be collected and enforced in such manner as the said Lien, how board may by order provide. Said city shall pay for^^^^^^^^- water supplied for fire purposes, irrigation or other city Pay for purposes in said district, at the same rates as are paid city water, by it to any other water works for like services. Said assessments and rates and charges for water Basis of shall be fixed at such sums as will provide revenue suffi- charges to cient for the operation and maintenance of said water °°'^^^^®^^- system, and the payment of interest upOn the said bonds, as the same accrues; and after said water bonds have been issued for nine years, the said rates and assessments After nine shall be so fixed and levied as to produce a revenue, in years, sinking addition to that hereinbefore provided for, equal ^^ch^^^^j^^^^^^^ year to at least four per centum of the amount of the^^^^ then outstanding bonded indebtedness; and the sum so collected in excess of the cost of operating and maintain- ing said plant, and the interest on said bonds, shall be placed in a sinking fund, to be used for the redemption of said bonds; in which fund shall also be placed any surplus moneys arising at any time from water taxes or rates, or from special taxes levied under the provisions of this act. The maintaining of said water works system shall in- JJcm^es^'^^^ elude all ordinary improvements and extensions thereof, extensions. Sec. 10. Until such time as the accumulations of said sinking fund can be used for the redemption of said bonds, the same shall be kept invested in such interest investment of bearing securities as are, or may be, approved by law for sinking fund, the investment of the funds of trust companies in this State. Whenever there shall be to the credit of said sinking Bonds— how fund a sum suflScient to redeem one or more of said bonds, called in. the city treasurer of said city shall, by advertising for five days, in some newspaper in said city, call in such number of said bonds as said funds will pay in full, speci- fying the bonds so called by number, and the same shall 368 WATBB WOEKS. [Ch. 142. If not presented Interest to cease. Funding the bonds. Special tax to redeem bonds. Notice of such tax. Special tax- how collected. Compensation to county treasurer. City to hold title in trust for water district. City treasurer to hold the district funds. Fund to be special. be paid on presentation thereof. At the expiration of thirty (30) days from the first publication of said call, the interest on said bonds so called shall cease. The holder of any of said bonds may at any time furnish to said city treasurer his postoffice address, and in such case, the said city treasurer shall mail to said holder at such address a copy of said notice on the first day of its publication. If said bonds be not all redeemed at or before their maturity, it shall be lawful for said city to issue new bonds, at a rate of interest not exceeding six per centum per annum, and redeemable at such time as may be deemed best, not to exceed ten years, in an amount suflS- cient to refund such outstanding bonds. In case funds shall not be otherwise provided for the redemption of all bonds issued under the provisions hereof, according to their tenor and effect, it shall be the duly of said city council to levy a special tax, as occasion requires, upon all the taxable real property in said district equally in proportion to the benefits accruing thereto from said water works, to provide funds for such redemption ; Pro vided. That notice of such tax and opportunity to object thereto shall be given by said city council in manner as provided in section 9 of this act. Such special taxes shall be certified to and be collected by the county treas- urer, as in other cases, and shall be kept by him in a special fund to be paid to the city treasurer from time to time on demand; and the county treasurer shall re- ceive such compensation for the collection thereof as is prescribed by law for the collection of other city taxes. The payment of such special taxes may be enforced by such proceedings as are authorized for the collection of other city taxes. Sec. 11. The title to all property acquired for said district shall be taken and held in the name of the city, in which the said district is situate, for the use of said water works district. The proceeds of the sale of said bonds and all rev- enues from said water works, as well as special assess ments and taxes levied and collected as aforesaid, shall be paid to the treasurer of said city, the collections by said board being paid monthly to said city treasurer; all to be kept by him in a special fund apart from all other moneys. The money in said fund shall be paid out Ch. 142.] WATER WORKS. 369 only for purposes authorized by said board. Vouchers vouchers for for all such expenditures shall be approved by said board, expenditures. and shall be certified to and paid by said city council. Sec. 12. The salaries of the members of said board, Salary of as fixed by ordinance as herein provided, shall be paid^^^^^- monthly out of the said special fund in said city treasury. Said water works board shall, at the end of each Annual report municipal fiscal year, make full report and account to ^ ^^ity council the city council of all its ucts and doings during such J^^^^ cation of year, which report shall be published in the oflScial paper of said city for the information of the public. Sec. 13. It shall be lawful for such city, acting for city may and on behalf of any public water works district within condemn right its limits, to condemn and appropriate so much private ^^.^^^^ ^^^^^ property as shall be necessary for the construction and works. operation of such water works, and to condemn and ap- propriate any water works not owned by said city, by such proceedings as are or may be prescribed for the condemnation of real estate, whether such property or water works be within or without said city ; and it shall be the duty of such city to begin said proceedings upon request of said board of water works. The decision of no traverse on said board as to the necessity for such condemnation the issue of shall be binding upon any board of commissioners a,p- ^®^®^®^- pointed, and upon any jury empanelled, in said condem- nation proceedings. Sec. 14. This act shall be deemed concurrent with Relation of this all other laws of this State on the subject covered by the act to other provisions hereof; but no other act or law shall be held^^"^®® to modify or defeat the express provisions of this act. Sec. 15. In the opinion of the General Assembly, an Bmerffency. emergency exists, and this act shall take effect and be in force from and after its passage and approval. Approved March 25, 1905. 370 WILLS. [Ch. 143. CHAPTER 143. WILLS. ESTATES. (H. B. No. 93, by Mr. Thomas.) AN ACT TO AMEND SECTION THIRTY-SIX (36) OF AN ACT ENTITLED "AN ACT IN RELATION TO PROBATE MATTERS, INCLUD- ING ESTATES OF MINORS, DECEASED PERSONS AND PER- SONS MENTALLY INCOMPETENT, AND THE ADMINISTRA- TION THEREOF, AND TO REPEAL CERTAIN ACTS IN RE- LATION THERETO," APPROVED APRIL 9, 1903. Be it Enacted hy the General Assembly of the State of Colorado: Act amended. Section 1. That section thirty-six (36) of an act entitled "An act in relation to Probate Matters, includ- ing estates of minors, deceased persons and persons mentally incompetent, and the administration thereof, and to repeal certain acts in relation thereto", approved April 9, 1903, is hereby amended to read as follows: Will probated in Section 36. Where any last will, testament or codi- foreign state orcil of OF Concerning real estate in this state has been country. or shall be admitted to probate before any court or tribunal of any state or territory of the United States, , or of any country beyond the limits of the United States, such court or tribunal being authorized by the laws of such state, territory or country to admit the Record of f or- same to probate, the record of such court or tribunal eigrn court cer- in the matter, accompanied with a certificate of the tificate. proper oflQcer or oflScers, that said will, testament or codicil, or copy thereof, was proved agreeably to the laws and usages of the state, territory or country in Entitled to pro- ^jji^^jj ^jjg Same was admitted to probate, shall entitle wuhout further ®^^^ ^^1^> testament or codicil to probate and record proof or notice, without further proof of the execution thereof, and Ch. 144.] WILLS. 371 without notice to the heirs, widow or husband of the Letters issue, testator or testatrix; and letters testamentary or of administration may issue thereon as in other cases. Approved March 25, 1905. CHAPTER 144. WILLS. SPECIFIC PERFORMANCE. (S. B. No. 179, by Senator Anfenger.) AN ACT TO AMEND SECTIONS 70-A, 70-C, 70-D AND 70-E OF AN ACT ENTITLED "AN ACT IN RELATION TO PROBATE MATTERS, INCLUDING ESTATES OF MINORS, DECEASED PERSONS AND PERSONS MENTALLY INCOMPETENT, AND THE AD- MINISTRATION THEREOF, AND TO REPEAL CERTAIN ACTS IN RELATION THERETO," APPROVED APRIL 9, 1903. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That section 70-A of an act entitled "An Amended. act in relation to probate matters, including estates of minors, deceased persons and persons mentally incompe- tent, and the administration thereof, and to repeal cer- tain acts in relation thereto," approved April 9, 1903, be, and is, hereby amended to read as follows : Sec. 70-A. If any testator or intestate shall have en- speciflc tered into a contract, in writing, for the conveyance of performance of any real estate, and shall not have executed the same in ^^'^^ecelsed^^ his lifetime, nor given power by will to execute the same, any party in interest, wishing a specific execution of such Petition, contract, may present a petition to the court, setting forth the facts, and praying that an order may be made that the executor or administrator execute such contract specific- ally, by executing a deed for the same in accordance with the terms of such contract. 372 WILLS. [Ch. 144. Amended. Service of notice and copy of petition. Waiver. Amended. Court order execution of contract. Amended. Representative deliver deed. Sec. 2. That section 70-C of said act be, and is, hereby amended to read as follows : Sec. 70-C. A notice of such application and a copy of the petition shall be served on the executor or adminis- trator, unless the said executor or administrator has pre- sented the petition, and also on the heirs or devisees re- siding in or who may be served in the county, at least twenty (20) days before said petition be called up for hearing, unless said parties waive their rights therein and consent that the said petition- be heard forthwith or upon less than twenty (20) days notice. Sec. 3. That section 70-D of said act be, and is, hereby amended to read as follows : Sec. 70-D. If the court, after hearing all parties, be- lieve that specific execution of such contract ought to be made, it shall make an order that the executor or adminis- trator execute such contract specifically. Sec. 4. That section 70-E of said act be, and is, hereby amended to read as follows : Sec. 70-E. When any order for the specific execution of a contract shall be made, the executor or administrator shall execute and deliver to the proper party a deed duly acknowledged, conveying the estate according to the terms of the contract and the order of court. Approved April 10, 1905. b SENATE JOINT MEMORIAL NO. 1. 373 SENATE JOINT MEMORIAL NO 1. (By Senator Taylor.) CONCERNING THE PUBLIC LAND LAWS. To the Honorable Senate and House of Representatives of the United States of America in Congress Assem- bled: Your Memorialist, the Fifteenth General Assembly of the State of Colorado, respectfully represents to your honorable body that: Whereas, There is now pending before the Con- gress of the United States a bill providing for the re- peal of all existing desert land laws, and Whereas, It is confidently believed that the cam- paign for such repeal is being conducted largely in the interests of the land grant railroads, for the purpose of excluding from settlement all lands other than railroad lands, and Whereas, The present desert land laws facilitate the acquirement of homes by certain of our citizens, by reclaiming and developing numerous small inter-moun- tain valleys that can not be reclaimed under any other law, and Whereas, The federal land laws, now on our statute books, have been of great benefit in the development of this State and have operated satisfactorily, wherever their provisions have been carried out in good faith, and Whereas, We believe that any change, in the present desert land laws of the United States, would be detri- mental to the great inter-mountain region and would es- pecially retard the development of our State; Therefore, We earnestly protest against the passage of said bill and against any interference, at this time, with the desert land laws of the United States. And, further, we direct that a -certified copy of this memorial be forthwith sent to our Senators and Representatives in Congress. Approved February 23, 1905. 374 HOUSE JOINT MEMORIAL NO. 1. HOUSE JOINT MEMORIAL NO. 1. (By Mr. Baer.) To the Honorable Senate and House of Representatives of the United States of America in Congress As- semMed: Your Memorialists, the 15th General Assembly of the State of Colorado, respectfully represent to your Honor- able body that : Whereas: The act approved Jan. 13th, 1897, relat- ing to the construction of storage reservoirs for free stock water, upon the unoccupied public lands of the United States and the withdrawal from entry of certain lands under the provision thereof, has been and will be in the future of great benefit in promoting the live stock industry of the West. But we believe that the act should have provided for the privilege of allowing springs and water seeps to be cleaned out and fenced, and the waters conducted on the outside of said reservoirs or troughs, and in less quanti- ties than now required, by the regulation of Interior De- partment ; and that the same be kept for the free use of range stock. This provision would lead to the preservation of much stock water, and in the opinion of your memorial- ists would in no way interfere with the disposal of agri- cultural areas ; but would prevent in a great measure the utter destruction of many good springs and sources of water supply by preventing their being entirely destroyed by the tramping of range stock. Therefore be it resolved : That Congress be urged to pass an amendment permitting the fencing of springs for the above purpose. And be it further resolved: That a copy of this Memorial be sent at once by the Secretary of State to the President of the Senate of the United States, and one copy to the Speaker of the House of Representatives, and one copy to each of our Senators and Representatives in Congress. HOUSE JOINT MEMORIAL NO. 2. 375 HOUSE JOINT MEMORIAL NO. 2. To the Honorable^ the President^ and to the Honorable, the Senate and the House of Representatives of the United States of America in Congress Assembled: Your Memorialists^ the General Assembly of the State of Colorado, respectfully represent that it is im- portant to the welfare of the states and of the nation that abused, neglected, dependent, delinquent and defective children be properly protected and cared for. The pro- tection of dumb animals is of great pecuniary advantage as well as conducive to good morals. Your Memorialists believe, from the experience of this State, that child and animal protection is of suflS- cient importance to well deserve the attention of the fed- eral government. Your Memorialists accordingly respectfully suggest and urge the creation of a government board of child and animal protection whose duty it shall be to obtain and record information concerning children whose condition deserves oflScial intervention and also concerning abused and neglected dumb animals, to study the causes of such conditions and to suggest and urge remedies. Approved April 8, 1905. 37G HOrSE JOINT MEMORIAL NO. 3. HOUSE JOINT MEMORIAL NO. 3. To the President, the Senate and House of Representa- tives of the United States of America in Congress Assembled: Your Memorialists, The Fifteenth General Assembly of the State of Colorado, in regular session assembled, do hereby submit for your honorable consideration, the fol- lowing memorial pertaining to the storage of waters, for irrigation purposes, on the upper Rio Grande River in the State of Colorado. Advised as you have been of the very material benefits that have accrued to all sections of the arid West, through the construction of storage reservoirs, for the conserva- tion of waters that would otherwise go to waste during the periods of annual floods and the non-irrigating sea- son; and knowing, as you most certainly do not merely the advisability, but the absolute necessity, of converting all available supplies of water to some beneficial use to the thousands of acres of exceptionally fertile and arable lands along the many streams of our great commonwealth, we your petitioners, do thus desire to call your especial attention to an urgent consideration of the following statement of facts, in their connection with the various conditions as they now exist in that portion of our State, dependent upon the upper Rio Grande River for a supply of water for irrigation purposes. Comprised within •the broad domain of what is known as the "San Luis Valley," are several hundred thousand acres of very fertile, arable lands, which, for their suffi- cient irrigation, need only a system of reservoir construc- tion, on the many natural and favorable sites that exist along the Rio Grande River and its tributaries, to con- serve the waters that now go to waste during the annual flood and non -irrigating season. There has already been constructed a system of canals, sufficient for the almost complete irrigation of this HOUSE JOINT MEMORIAL NO. 3. 377 immense territory, with a carrying capacity aggregating an approximate flow of 6,000 cubic feet per second of time. As far as any interference with any vested rights, outside of the State of Colorado, is concerned, that condi- tion would have no bearing whatever upon the storage of waters that would otherwise go to waste. In the year 1900, when, as the measurements show, the flow in the Rio Grande River amounted to about the average, during the month of May, 175,240, acre feet passed Del Norte; covering that same period, 87,927 acre feet passed Cincero, the difference, 87,313 acre feet was the amount consumed in Colorado during that month (May). During the month of June of the same year (1900) 159,974 acre feet were measured at Del Norte, and 84,784 acre feet at Cincero, the difference, 75,190 acre feet, was the amount consumed in Colorado during that month (June). The accompanying tables show that the foregoing were the maximum amounts of water that have ever been consumed in Colorado on the Rio Grande during any one year ; they not Only substantiate the maximum amount of water this section would use when bounteously supplied, but they are indisputable evidence of the very limited de- mands that Colorado makes upon the flood waters that flow through her territory, and conclusively show that New Mexico, were she possessed of the requisite reservoir sites on the Rio Grande, or within her own territory, could store from Colorado's excess, many times the amount of her own demands. Yet, notwithstanding all of this evidence in her favor, when Colorado enjoys the reservoir facilities, to which she is so justly entitled, she will thus be enabled to secure a considerable portion of the very limited amount suflficient to tide her over the month of August, from waters that now run to waste during the non-irrigating season. The data used in the foregoing and following state- ment of facts and conditions, except where reference is made to the United States Census, has been taken entirely from the printed reports of the Reclamation Bureau, cov- ering the flow of water in the Rio Grande River at the several measuring stations, maintained by the United States Government, at various points along that stream. 378 HOUSE JOINT MEMORIAL NO. 3. The Rio Grande River, throughout the entire length of its meandering, through the territory of New Mexico, flows through the Counties of Taos, Rio Arribo [Arriba], Santa Fe, Bernalillo, Valencia, Socorro, Sierra and Donna Ana. The twelfth decennial census of the United States, taken in the year 1900, attributes to these eight counties a total of 84,315 irrigated acres, from which, for the purpose of this statement, has been deducted the entire irrigated acreage of the Counties of Taos, Rio Arriba and Santa Fe, amounting to 35,914 acres, for the reason that they are irrigated from waters prior to their flow into the Rio Grande River, and the waters irrigating them and there- fore, do not become a factor, in estimating the amount of water, flowing in the channel of that stream ; this leaves a balance of 48,410 [48,401] acres, a portion of which is also irrigated from the Rio Puerto and other smaller streams in the various counties, which would reduce these figures to a reasonable approximation of 45,000 acres- Ordinarily in farming countries, about 50;^ of the land under irrigation is actually irrigated in any one year; but allowing a liberal amount from some hay land, and an exceptional excess of irrigation above the average, and place the total at 30,000 acres, irrigated with waters taken direct from the flow of the Rio Grande River itself, and allowing two acre feet for the irrigation of each acre of land for the season, these figures will give a total an- nual consumption of 60,000 acre feet, drawn from the Rio Grande River for the irrigation of land in the Ter- ritory of New Mexico; yet, on the other hand, in taking the total of 45,000 acres actually under irrigation, there would then be an annual consumption of only 90,000 acre feet of water. Comparing the above statement of facts with the accompanying tabulated flow of water, in the Rio Grande River, covering its flow from 1890 to 1903 inclusive, it is proven beyond all question that New Mexico, in every one of all these years, has had, excepting in the month of August, of each year, a sufficiency of water to cover all demands of her irrigation; and during the months of May, June and July, of nearly every one of all these years, there has passed from one end of her territory to the other, from two to fourteen times the amount she could possibly have used, notwithstanding the fact that Colorado, at the same time, was drawing so far as her HOUSE JOINT MEMORIAL NO. 3. 379 necessities required upon the available supply as it passed through her own territory. On the other hand, had Colorado used all the water of the Bio Grande River as it passed through her own territory, during every one of all these years, and al- lowed none whatever to have passed her border, New Mexico, with the exception of the month of August, of each year, would have had a flow to have drawn from far in excess of her necessary demands, because the Rio Grande, within her own territory, is replenished far above the source of her own irrigation system, by the Chama River in Rio Arriba County; the Red River, the Hondo and other streams in Taos County ; also by the Rio Puerto in Bernalillo and Valencia Counties; the combined ca- pacities of which streams very nearly equal, if they do not exceed, the flow of the Rio Grande River in the State of Colorado. The accompanying tabulated statement shows, that from 1900 to 1903 inclusive, the flow at Oincero averaged 372,734 acre feet annually, while at Embudo it averaged 607,042 acre feet, recording a gain of 234,308 acre feet in favor of Embudo over Cincero, which represents the ac- cretions from other streams between those two points, viz : the Red River, the Hondo and other smaller streams. During the same period, from 1900 to 1903 inclusive, the flow at Rio Grande station amounted to an annual aver- age of 914,020 acre feet, thus recording a gain in favor of Rio Grande over Embudo of an annual average of 306,978 acre feet; this represents the flow of the Chama River, which enters the Rio Grande between those two points. In connection with these figures it is well to make the statement at this time regarding the amount of loss from irrigation, occurring between Del Norte and Cin- cero. The total averages during the periods of high water throughout the combined months of May, June and July, for the years 1900 to 1903 inclusive, show, that there passed Del Norte gauging station 345,456 acre feet ; dur- ing that same period there passed the gauging station at Cincero, 239,485 acre feet, which shows that there was a loss between those two stations of 105,931 [105,971] acre feet, which represents the amount consumed in Colorado in irrigation, evaporation and seepage, covering a period of three months for each of those years, or an average of 380 HOUSE JOINT MEMORIAL NO. 3. about 35,000 acre feet per month. These figures also show, that the greatest loss occurrence, during that time in any one month, amounted to only 87,313 acre feet. During the month of August of every year, the flow is generally too small to be of any service in the ditches, and shows so weak as it does, at Cincero, presumably be- cause of the absorption and evaporation in its passage through the low lands below Alamosa. Only in the year 1897, did the flow at San Marcial, exceed that at Rio Grande station, which was occasioned, as the measurements show, by unusual local precipita- tion, during the months of September, October, November and December; with that exception, between these two measuring stations, there was an average loss of water amounting to 237,799 acre feet per year from 1896 to 1903 inclusive, while the loss between San Marcial and El Paso was something enormous, amounting annually, for the period coveing [covering] those same dates, to 330,- 382 acre feet, thus totaling an annual loss between Rio Grande station and El Paso of 568,181 acre feet, less the amount used for irrigation, between those two points, about Albuquerque, which does not exceed 20,000 acre feet per year, making an actual annual loss of 548,181 acre feet from sinkage and evaporation ; which condition shows the very uncertain and unavailable utility of all the water in the Rio Grande River, after leaving San Marcial, and a proportionate application of the same con- clusion to the loss occasioned, by the sinking of the flow, between there and Rio Grande station. In September, October, November and December, 1897, there was a very unusual flow, amounting to 610,- 128 acre feet, measured at San Marcial, evidently due to exceptionally heavy rains precipitated below the gauging station at Rio Grande; during those same months, the flow, measured at El Paso, amounted to only 217,267 acre feet, which demonstrates a loss of 402,861 [392,861] acre feet in its passage between these two points, being a distance of only 180 miles; this water has evidently sunk in the sands of the river bed, which but proves, as a matter of economical utility, the advisability of its use in sections above the regions of these enormous losses. In reviewing the accompanying tabulated statistics, jfnd applying them to universal conditions, there should HOUSE JOINT MEMORIAL NO. 3. 381 be taken into consideration the unusual excess flow, some- times caused by exceptional rainfalls, coincident with and outside of the regular season of flood waters. The annual averages show, that from once to twice the amount of water has run to waste, since 1890, that would have been necessary to irrigate all the land, now under ditch, along the Rio Grande River in Colorado, and from five to ten times that amount in New Mexico; which condi- tion taken into consideration with the fact, that at no time since 1890, has there been sufficient water during the month of August, in either New Mexico or Colorado, to be of any material use in the ditches, but proves the absolute necessity for the construction of storage reservoirs, that woiild furnish the necessary amount of water for the month of August, and which would, in all years, increase the yield per acre from 20^ to 50^, and in some years to the enormous increment of 100^. As a resultant, after all this array of evidence de- duced from the foregoing statement of facts, there can be but one conclusion, that to overcome the conditions exist- ent, in both Colorado and New Mexico, covering the scarcity of water for the month of August, reservoirs must be built upon the upper Rio Grande River for the former, and along the Chama, the Red River, the Hondo and the Rio Puerto for the latter. As to the status of the situation covering the use of these waters in relation to a question of international significance, between the United States and Mexico, the solution is surely simple, in that the flood waters from which we would store our reservoirs, run past her into the Gulf; and the low waters sink hundreds of miles this side of where they would become an international stream. All this evidence, obtained as it has been from the records of the Department of the Interior, fortunately, is eminently significant of the sad conditions that have prevailed, showing as it does, the loss of millions that might have been added to the productive wealth of all the territory bordering the banks of the Rio Grande River and its tributaries, through the channels of which these millions of acre feet of valuable irrigation water have been continually allowed to go to waste, without a single effort upon the part of the Government, to even assist in its conservation, yet, on the other hand, has asserted 382 HOUSE JOINT MEMORIAL NO. 3. an absolute denial of these prerogatives to those bene- ficiaries who would. Therefore, the Fifteenth General Assembly of the State of Colorado, respectfully submits this memorial, that you may be fully advised as to the exigencies of the existent conditions, and the urgent necessity for immedi- ate remedial action; and earnestly requests an equitable adjustment of the situation as it now obtains, so that the reservoir filings, already before the Department, may be speedily allowed, and those interested be thus enabled to enlist the investment of private capital under the local, district, irrigation laws covering the construction of reservoirs, should the Government itself, not deem it advisable, for reasons of its own, to extend its assistance. Approved April 8, 1905. SENATE CONCURRENT RESOLUTION NO. 8. 383 SENATE CONCURRENT RESOLUTION NO. 8. (By Senators Taylor, Barela and Parks, concerning the admission of the Territories of Arizona and New Mexico.) Resolved, by the Senate, the House of Representatives concurring therein, That it is the sense of the Fifteenth General Assembly of the State of Colorado : (a) That each of the Territories of Arizona and New Mexico is, considering its population, development, re- sources and in every other way, justly entitled to be ad- mitted to this Union as a separate State; and, (b) That the passage of the bill now pending before the United States Senate, providing for the admission of both of said Territories as one State, would be an unwar- ranted hardship upon «,nd an unjust discrimination against the people of those Territories; be it further Resolved, That we earnestly request our Senators and Representatives to use their utmost endeavors to prevent the passage of said bill ; and also to secure, if possible, the passage of a bill admitting each of said Territories as a sovereign State of this Union ; and be it further Resolved, That a copy of this concurrent resolution be properly certified by the president and secretary of the Senate and speaker and chief clerk of the House, and forthwith transmitted to each of our Senators and Repre- sentatives in the Congress of the United States. Approved February 14, 1905. 384 SENATE JOINT RESOLUTION NO. 3. SENATE JOINT RESOLUTION NO. 3. (By Senator Drake.) Whereas, The President of the United States in his last annual message to Congress, pointed out the necessity of governmental regulation of railroad rates and service through' the delegated power of Congress, given to the In- terstate Commerce Commission, and Whereas, There is now pending before Congress, legis- lation looking toward the amendment of the Interstate Commerce Act, as recommended by the President : there- fore Be it Resolved, by the Senate of the Fifteenth Gen- eral Assembly of the State of Colorado, the House con- curring, that we heartily approve of the views set forth in the last annual message of the President of the United States on this subject, and we Urge that such legislation may be promptly passed, as will give the Interstate Com- merce Commission adequate power to correct rates and to regulate service on the railroads of the United States; and Be it further Resolved, That the Senators and Mem- bers of the House of Representatives in Congress from Colorado, be instructed to use every effort to secure the passage of such legislation, during the present session of Congress. Approved January 26, 1905. WILLIAM H. DICKSON, Speaker of the House. ARTHUR CORNFORTH, President of the Senate. JESSE F. Mcdonald, Governor. INDEX TO Chapters and Titles, 13 INDEX TO Chapters and Titles. Chap. 1 Appropriation— Actions, Kansas-Colorado . Page. ... 23 2 3 4 5 6 7 8 9 10 H 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Artesian well, Washington county 24 Bennet, Hiram P 27 Bridge, Animas river 28 Bridge, Arkansas river 29 Bridge, Arkansas river 32 Bridge, Bijou creek 34 Bridge, Clear creek 35 Bridge, Clear creek 37 Bridge, Conejos river 38 Bridge, Dolores river 40 Bridge, Las Animas river 42 Bridge, Rio Grande river 44 Bridge, Rio Grande river 45 Bridge, San Juan river 47 Bridge, Sarcillo Canon Arroyo 49 Bridge, Yampa river 50 Burdette, W. N 52 Bush, James S 53 Colorado School of Mines 54 Election contest 55 G. A. R. encampment 57 General 59 General 66 How, D. F 76 Lewis and Clark Centennial Exposition 77 Memorial monument 78 Ovelman, Charles, et al 80 Palmer, Harry V. 81 State Agricultural College 82 388 INDEX TO CHAPTERS AND TITLES. Chap. Page. 31 •• State board of library commissioners 85 32 " State bureau of child and animal protection 86 33 '• State capitol building 87 34 " State capitol building 88 35 " State capitol building 89 36 " State fair ifund 91 87 •• State home for dependent and neglected chil- dren 93 38 '* State Industrial school— boys 94 39 " State industrial school— boys 95 40 " State industrial school— girls 96 41 " State insane asylum 97 42 " State insane asylum 98 43 '• State normal school 99 44 " State penitentiary 103 45 " State penitentiary 101 4G " State reformatory 102 47 " State reformatory 103 48 " State reformatory 104 49 " State school for deaf and blind 105 50 " State soldiers' and sailors' home 106 51 " State soldiers' and sailors' home 107 52 •• Traveling libraries 108 53 " University of Colorado— surplus fund 109 54 " Wagon road, Alice-Dumont 110 55 " Wagon road, Bent county 112 56 " Wagon road, Boulder and Grand counties 113 57 " Wagon road, Colorado Springs-Cameron 115 58 " Wagon road, Denver-Grand Junction 118 59 " Wagon road, Denver-Grand Junction 120 60 " Wagon road, Douglas county 122 61 '* Wagon road, Eagle county 124 62 " Wagon road, Grand county 126 63 " Wagon road. Grand county 129 64 " Wagon road, Hinsdale county 132 65 •• Wagon road, La Junta-Rocky Ford 134 66 " . Wagon road, La Plata county 136 67 " Wagon road, Larimer and Boulder counties — 138 68 " Wagon road. Mesa county 140 69 " Wagon road, Montrose county 142 70 " Wagon road, Pitkin county 144 71 " Wagon road, Summit county 146 72 " Wagon road, Teller and Fremont coi^nties 148 73 " Wagon road, Yuma county 151 74 Archuleta county, boundaries 153 75 Assignments 165 76 Attorney-general, salary 156 77 Attorneys-at-law, practicing without license 157 B 78 Beecher park 158 79 Boycotting and blacklisting 160 80 Braces over rights of way 162 INDEX TO CHAPTERS AND TITLES. ' 389 C Chap. Page. 81 Children, dependent and neglected 163 82 Code of procedure, place of trial 165 83 Code of procedure, summons 167 84 Constitutional amendment, elections 168 85 Conveyances, husband and wife 170 86 Convict labor 171 87 Corporations, extension of term 172 88 Counties, classification 174 89 County government, terms of commissioners, Adams and Arapahoe counties 176 90 Court of appeals, causes pending in 177 91 Court of appeals, records of, transferred to supreme court 178 92 Courts of record, terms in Arapahoe county '. 179 93 Courts of record, terms in Twelfth District 180 94 Criminal code, taking indecent liberties with children 181 95 Criminal code, bribery 182 D 96 Dentistry, penalty for practicing without license 184 97 Divorce, relating to decrees of 185 98 Docking horses' tails 186 99 Dumb animals, for the protection of 187 E 100 Elections, registration 188 101 Elections, voting machines # 220 102 Explosives and fireworks 231 F 103 Fish, appropriation for improving Durango hatchery 232 104 Fish, appropriation to establish Del ^forte hatchery 233 105 Fish, appropriation to establish Glenwood hatchery 234 106 Fish, appropriation to establish Grand county hatchery 235 107 Flags, desecration of 237 G 108 Game, fish, open seasons 239 109 General Assembly, qualifications of employes of 240 110 Gift enterprises, to prohibit 241 I 111 Irrigation, boundaries of Districts 39, 42 and 70 243 112 Irrigation, notice in water right proceedings 244 113 Irrigation districts, establishment and organization 246 114 Itinerant vendor 274 390 INDEX TO CHAPTEKS AND TITLES. J Chap. Page. 115 Judiciary, changing the name of Frederick Thum 279 116 Jurors, excuse and challenge 280 117 Jurors, excuse and challenge 281 118 Justice of the peace, grounds for attachment before 282 L 119 Labor, eight-hour day.. 284 120 Larimer county, fees chargeable In 285 121 Livestock, injured on railroad right of way 286 122 Live stock, treatment of infected 287 123 Lunatics, inquest of lunacy 289 M 124 Mortgages, foreclosures of 290 o 125 Ordinances, granting franchises 292 p 126 Parent and child, support of children 295 127 Public health, report of birth, etc 297 128 Public parks, establishment and organization of 299 K 129 Railroads, lien on railroad equipment 306 130 Reservoirs, investigate sites for on Rio Grande river 307 131 Revenue ^ 308 s 132 Soldiers and sailors, burial of 317 133 State board of agriculture 318 134 State board of land commissioners 319 135 State board of medical examiners 344 136 State board of nurse examiners 352 137 State historical and natural society 356 138 Supreme court, employes of 357 T 139 Trust deeds, release of in city and county of Denver 358 140 Trust deeds, release of in city and county of' Denver 359 INDEX TO CHAPTERS AND TITLES. 391 W Chap. Page. 141 Water users' association, fees and taxation of . . 360 142 Water works, establishment and organization of 361 143 Wills, foreign probates entitled to record 370 144 Wills, specific performance of contracts of deceased 3/1 Senate Joint Memorial No. 1 373 House Joint Memorial No. 1 374 House Joint Memorial No. 2 375 House Joint Memorial No. 3 376 Senate concurrent resolution No. 8 383 Senate joint resolution No. 3 384 INDEX INDEX ACKNOWLEDGMENT— of tax deed by county treasurer. Sec. 8 Page. 316 23 1 23,62 1 23 2 24 2 23 ACTIONS— board of directors of irrigation district institute and maintain Kansas-Colorado— appropriation, for expense in defending suit — for expense In defending water rights auditor draw warrants control of fund pending in courts' of twelfth judicial district held as by former law 2 ISCf pending in Court of Appeals transferred to Su- preme Court 1 177 ACTS AMENDED— section 1, act of April 14, 1885, "Archuleta County" 1 153 act of May 5, 1897, "Assignments" 1 155 section 1, act of April 8, 1895, amending division 5, chapter 62, G. S., "Attachment" 1 282 section 1, chapter 85, act of 1899, "Braces Over Right of Way" 1 162 sections 790, 791 and 792, G. S., or sections 1273-1275, M. A. S., "Bribery" 1 182 ■chapter 2, aot of April 7, 1887, "Code of Procedure" 1 165 act of April 11, 1903, "Conveyances" 1 170 act of April 11, 1899, "Corporations" 1 172 section 7, chapter 43, acts of 1897, "Dentistry" 1 184 act of April 13, 1903, amending chapter XCVIII of acts of 1899, "Game and Fish" 1 239 section 8, chapter 61, G. S., "Jurors" 1 281 section 29, chapter 69, G. S., "Lunatics" 1 289 sections 1-13, act of March 14, 1881, "Medicine" 1-13 344-351 sections 33, 46, 47 and 49, act of April 17, 1893, "Pub- lic Health" 1,2,3 297,298 sections 1 and 4, act of March 31, 1885, "Railroads" 1, 2 305, 306 396 INDEX. ACTS^AMENDED— Continued. Sec. Page. sections 128, 147, 154, 167, 178, 180 and 181, act of March 22, 1902, "Revenue" 1-8 308-313 section 1, act of March 22, 1893, amending: act of March 1, 1887, "Soldiers and Sailors" 1 317 section 6, chapter 58, acts of 1901, "South Arapa- hoe County" 1 179 section 3, act of February 27, 1877, as amended February 12, 1879, "State Board of Agrriculture" . . . 1 318 section 1, act of March 11, 1903» "Trust Deed and Trustees" 1 358 section 36, act of April 9, 1903, "Wills" 1 370 section 70-A, 70-C and 70-D, act of April 9, 1903, "Wills" 1,2,3 371,372 ACTS REPEALED— section 529, G. S., or 782, M. A. S.. "County Commis- sioners of Arapahoe County" act of April 6, 1899, "Dockingr Horses' Tails" act of April 12, 1901, "Irrigation Districts" section 2, act of April 7, 1885, amending act of March 14, 1881, "Medicine" act of April 16, 1903, "Palmer" ; seption 179, act of March 22, 1902, "Revenue" ADAMS COUNTY— of fourth class for regulation of official salaries term of office of county commissioners ADMINISTRATOR- deed executed by 4 372 by order of court 3 372 specific performance by 3 372 AGRICULTURAL COLLEGE— See state agricultural college. AGRICULTURAL EXPERIMENTAL STATION— conduct co-operative experiments 3 S3 appropriation for conducting 3 83 publish results of • 3 ^ conduct investigation as to stock feeding 2 83 appropriation for 2 83 publish results 2 83 investigate cultivation 4 83 appropriation for 4 84 publish results 4 84 AMENDMENT— See acts amended; constitutional amendment. 2 177 1 186 55 273 14 352 3' 81 6 313 1 175 1 . 176 INDEX. 397 ANIMALS— Sec. See live stock. person causing release, etc., criminally liable penalty unlawful to cause them to fight.... unlawful to release them to be pursued or shot at.. wagers on iesult of combat etc., unlawful wilful spectator, guilty as principal ANTELOPE— open season 1 ANTITOXIN— report sale of 2 APPEALr- to district court from order to support child con- fined to institution 4 to supreme court in election matters 11 Page. 1 187 3 187 1 187 1 187 1 187 2 187 APPRAISERS— See state board of land commissioners. APPROPRIATIONS— actions, Kansas-Colorado suit 1 agricultural experimental station 2, 3 artesian well in Washington county, 16,000 attorney general, salary assistants, salaries clerks and stenographers, salaries auditor, salary bookkeepers, stenographers and clerks, salaries. deputy, salary •. Beecher park, to establish, $2,500 Bennet, Hiram P., to pay, 14,153.88 board of agriculture, to establish farmers' institute for prizes state fair board of arbitration, members' salaries secretary, salary board of charities and corrections, expenses secretary, salary stenographer, salary board of equalization, secretary, salary clerical assistance board of health, expenses and salaries board of horticulture, salaries and expenses for prizes at state fair secretary, salary board of land commissioners, expenses appraisers, salaries . clerks and stenographers, salaries register, salary deputy, salary superintendent mineral department, salary timber warden, salary 297 211 23,62 60,68 60,67 60,67 60,67 159 27 84 92 61 61 61,71 61,71 61,71 62, 71 62 71 62, 71 92 71 70 61,69 61,70 61,69 61,69 61,69 61,69 l^ n, hkt^ Ik /-* '".4r'""-'^"''^«..fc. ■ :«i»'"-Vr'-''^^ - ; •'•'''<Sa----"":^ •■■-■•• 5 f. ... '■'^«-.... ■ J '■^'tRirridn'"' ••••../"'** J , ,:-"^'.^^---.....: ; ' "'•"i^ ,.:.■••■•-... J . "''^naea ''^'«^ J """<f^z ••.■:::.: • ^ • . . . J INOE^. 399 i »' ?IONS— Continued. Sec. ry, erection of rte hatchery, $5,000 od hatchery, $3,000 county hatchery, 13,000 tendent's residence, Durango hatchery. ne and fish commissioner, salary nd stenographer, salary ^ ation of ova and young fry and game wardens, salaries /eling expenses .ng spawn game warden, salary /eling expenses itendent of fish hatcheries, salary veling expenses •uty superintendents, salaries ng expenses encampment, appropriation for, $25,000 s salary and stenographer, salaries gent fund ntal expenses .e secretary, salary , Thomas, to pay P., to pay, $58.81 E. C, to pay tion, expenses of d fund 1,3 and compiling house and senate journals ssion laws, $2,000 p of coal mines, salary i , salary ty, salary jling expenses •Colorado suit, expenses of Villiam, to pay )mmissioner, deputy, salary aling expenses . mmissioners, expenses 'aisers, salaries cs and stenographers, salaries iter, salary leputy, salary jrintendent of mineral department, salary... 3er warden, salary aminers, expenses of board •etary's salary and Clark Exposition, for exhibits, $15,000... ant-governor, salary tingent fund dental expenses Page. 233 234 235 232 1 62. 71 1 62 73 1 62 .72 1 62 71 1. 62 72 1 62 72 72 72 1 62 72 1 62 71 1 62 72 1 62 71 58 1 59, 66 1 59, 66 66 59 1 59, 66 72 76 72 65 3 63 73 3 74 1 61, 69 1 61, 69 1 61, 69 1 61, 69 1 23, 62 73 1 60, 67 67 70 1 61, G9 1 61, 70 1 61, 69 1 61, 69 1 61, 69 1 61, 69 1 61, 68 61 77 1 59, 67 67 59 x$% XL • • r fv»4 .. . ^ .>iH -r" * ■ ' - '.»• r.i»r .r •" vjoi .■«" ^ ' •'• • i»r .r > .ow "C" '^ ' '-« (-.AM r.tfr X UjI:' '^' r <• r •» •*'' J . tr f »rf - ^''.-U'.-^ L ••* ^-•' « r. »rr n R'.:: -ry fc ' ' »-ff U .V f..r rr fi ^ t^y ■'■• «r.;». rii A.-.d i-.Vris sjr ♦-'• Jin,.* ii. ,^ ,^, u;; " •■' » S. h ,.; ,^ 31.,,^ for tKiiJ::*::^ ""'•"''i. Arthur, to ^ar. rs'.. . • i» "fr. •rjc '''•"••'« J'i^ijrea. niaries. '*'.tr\ '» '''»"ft ?"' f'n.ir' ''^•••'•^'y v«. Adams, exp^^ ''•'» i^l?""^ C •'•'^^♦•'n'>'>'. expenses "'"•'•/.« : "'•''"tenance of INDE^. ued. Sec. 399 Page. $6,000 $3,000 ary, $3.000 idence, Durang^o hatchery, commissioner, salary. her, salary and youngr fry ardens, salaries ten, salary. fish hatcheries, salary nses itendents, salaries iS it, appropriation for, $25,000. ^rapher, salaries. ises •y, salary. to pay.... y, $58.81 pay enses of ipiling house and senate Journals 7B, $2,000 I mines, salary i ■y senses o suit, expenses of to pay oner, deputy, salary ipenses >ners, expenses salaries stenograph ers, salaries Uary salary dent of mineral department, salary... irden, salary .'S, expenses of board s salary :iark Exposition, for exhibits, $15,000... jvernor, salary it fund l1 expenses 1.3 234 235 233 62. 71 62, 73 62,72 62, 71 62, 72 62, 72 72 72 62, 72 62,71 62.72 62,71 58 59, 66 59, 66 66 59 59, 66 72 76 72 65 63, 73 74 61, 69 61, 69 61, 69 61, 69 23, 62 73 60, 67 67 70 61, 69 61, 70 61, 69 61, 69 61, 69 61, 69 61, 68 61 77 59, 67 67 59 402 INDEX. ARCHULETA COUNTY- Sec. establishment and boundaries 1 of fifth class for regulation of official salaries 1 of sixth class, salary superintendent of schools 2 ARIZONA— resolution to admit as separate state ARTESIAN WELLr- Washlngrton county- appropriation for sinking^ well in Washing^ton county 1 auditor draw warrant 7 bids and contract 5 board of construction 2 contractor's bond 5 duties of board of construction 3 if well located on other than state land it must be donated 4 if construction abandoned or neglected land to revert to donor 4 state engineer draw warrants- on monthly es- timates 7 supervision of construction 6 ASSIGNMENTS— assignee pay unclaimed dividends on order of court 1 distribution pro rata : 1 dividends unclaimed for one year 1 notice of final distribution 1 ATTACHMENT- affldavit for 1 grounds of 1 when justice of the peace has Jurisdiction 1 ATTORNEY GENERAI^ may appoint deputy 1 authority of deputy 1 salary 1 ATTORNEYS AT LAW— must obtain license to practice as such 1 penalty for practicing without a license 1 when foreign attorneys may practice in Colorado.. 1 AUDITING BOARD— See state auditing board. B BACA COUNTY- of fifth class for regulation of official salaries 1 of sixth class, salary superintendent of schools 2 Page. 153,154 175 175 3« 24 56 25 25 26 25 25 26 155 155 156 155 282,283 156 156 156 157 157 157 175 175 INDEX. 403 BALLOT— Sec. Page, form of, for election for orgranization of Irrigation district 4 249 for dissolution of irrigation district 48 271 for acquiring lands for park purposes 13 302 for use in voting machine 5 222 to authorize bond issue. in irrigation district 15 257 to vote on constitutional amendment concerning voting machines 2 169^ BALLOT LABEL— See voting machine:^. BEECHER PARK— appropriation for establishment and erection of monument 2 159 auditor draw warrant on state treasurer 2 159 boundaries of 1 158 donation of land for park purposes 3 159 consideration ,. 3 159 established as state park 1 158 failure to erect monument within two years, land reverts to state 4 159 monument erected in 2 159 purpose of park 2 158 under control of and kept by 1 158 BENNET, HIRAM P.— appropriation to pay 1 27 BENT COUNTY— of fifth class for regulation of official salaries 1 175 of fifth class, salary superintendent of schools 2 175 BEQUESTS— See public parks. BIRTHS— report of kept 1 297 BLACKLISTING— See boycotting and blacklisting. unlawful for employer to maintain blacklist 4 161 BOARD OF CAPITOL MANAGERS— certify claims for improvements and repairs 2 90 certify claims for maintenance and support capi- tol building 3 88 BOARD OF LEWIS AND CLARK MANAGERS— See Lewis and Clark Centennial Exposition. BOARDS— See various state boards. 404 INDEX, BONDS— Sec issued by irrigation districts 15 issued for benefit of water works 6 issued to pay for voting machines 6 issued for public park purposes 13 still binding in twelfth Judicial district as by former law 2 BOUNDARIES— of Archuleta county '. 1 of water districts Nos. 39, 42 and 70 1-3 BOULDER COUNTY— of third class for regulation of official salaries 1 of second class, salary sup^intendent of schools.. 2 BOYCOTTING AND BLACKLISTING— fair opinion of employe's qualifications not. con- sidered a black list 4 unlawful, for employer to maintain a blacklist 4 to patrol streets, etc., for purpose of boycot- ting ' another's business 1 to print or circulate any notice of boycott 2 to publish name of any public oflJcer in boy- cott notice 2 to ticket works or mines or buildings for pur- pose of boycott 1 to use threats or force to prevent any person from engaging in lawful occupation 3 violation of act misdemeanor, penalty 5 BRACES- distance above highway 1 failure to maintain at the proper height, misde- meanor 1 penalty 1 BRIBERY— See criminal code. BRIDGES— Animas river- appropriation for construction of 1 auditor draw warrants 5 bids and contract 4 board determine location 3 board of construction composed of 2 . plans and specifications 4. Arkansas river- appropriation for construction of ,. .. 1 auditor draw warrants 8 bids, plans and specifications 3, 4 board of construction 2 contract and contractor's bond 4 Pasre. 257 364 224 302 181 153 243 174 175 161 161 160 160 160 160 161 161 162 162 162 28 28 31 30 30 30 INDEX. 405 BRIDGES— Continued. Sec. Page. Arkansas river— continued. Inspector of construction 5 30 insufficiency of funds 9 31 location determined by state engineer 1 29 public highway 7 30 state engineer certify vouchers to auditor 6 30 state engineer draw vouchers 8 31 Arkansas river- appropriation for construction of 1 32 auditor draw warrants 6 33 bids and contract 4 32 board of construction 2 32 deficiency of funds 7 S3 location of bridge 1 32 plans and specifications .* 3 32 public highway 5 33 treasurer pay with state warrants 7 33 warrants received at par 7 33 Bijou creek- appropriation for construction of 1 34 • auditor pay warrants 8 34 bids and contract 2 34 board of construction composed of 2 34 board selects route 2 34 location 1, 2 34 Clear creek- appropriation for construction of 1 35 auditor draw warrants 7 36 . bids and contract 4 36 board certify sum to auditor 7 36 board of construction 2 35 contractor's bond 4 36 location of bridge 1 35 plans and specifications 3 35 public highway 5 36 repair after completion 6 36 Clear creek- appropriation for completion of 1 37 auditor draw warrants 3 37 board of construction 2 37 Conejos river- appropriation for bridge in Conejos county 1 38 board advertise for bids 3 39 board advertise for plans and specifications 2 39 in case appropriation is insuflacient 3 39 no money to meet appropriation 1, 6 38, 39 personnel of board of construction 2 39 public highway 4 39 state warrants received by contractor at par.... 1, 6 38, 40 treasurer pay auditor's warrants with state warrants 1, 6 38, 39 upon completion auditor draw warrants 5 39 406 INDEX. BRIDGES— Continued. Sec. Pagre. Dolores river- appropriation for construction of 1 40 auditor draw warrants 7 41 bids and contract ! 4* 41 board of construction 2 40 determine location 1 40 plans and specifications 3 41 public highway 5 41 repairs 6 41 Las Animas river- appropriation for construction of 1 42 auditor draw warrants 7 43 bids 4 43 board of construction 2 42 insufficiency of appropriation 4 13 location 1 42 plans, board advertise for 3 42 public highway 5 43 repairs after completion 6 43 Rio Grande river — appropriation for construction of 1 44 auditor draw warrants 6 45 bids and contract .3 44 board of construction 2 44 plans and specifications 2 44 public highway 4 44 repairs after completion 5 45 Rio Grande river- appropriation for construction of 1 45 auditor draw warrants 6 46 bids, contract and contractor's bond 4 46 board of construction 2 46 insufllciency of funds 7 46 treasurer pay with state warrants 7 46 warrants received by contractor at par... 7 47 location .' 1 46 plans and specifications 3 46 public highway 5 46 San Juan river- appropriation for bridge in Archuleta county 1 47 auditor draw warrants 7 48 bids and contract 4 48 board advertise for plans 3 48 board determines location 1 47 members of board , 2 47 public highway 5 48 repair of bridge after completion 6 48 SarcIUo Canon Arroyo — appropriation for construction of 1 49 bids and specifications 3 49 board of construction 2 49 location 1 49 INDEX. 407 BRIDGES— Continued. Sec. Page. Tampa river— appropriation for construction of 1 50 auditor draw warrants 5 51 bids and specifications 3 51 board of construction 2 51 deficiency of funds 1 50 treasurer pay with state warrants 1,6 50,51 warrants received at par 1, 6 50, 61 insufficient appropriation 3 51 location determined by board 2 51 public higrhway 4 51 BUREAU OF CHILD AND ANIMAL PROTECTION— See state bureau 9f child and animal protection. ^ memorial recommending the establishment of a national bureau 375 BURDETTE, W. N.— appropriation to pay 2 53 assigmee of O. C. French... 1 52 authority for voucher 1 53 evidence of indebtedness ^... 1 52 for services rendered by O. C. French 2 53 BURIAL— * See soldiers and sailors. BUSH, JAMES S.- approprlatlon to pay 1 53 c CANAI^ See irrigation districts. CATTLE— See live stock. CHAFFEE COUNTY— of fourth class for regulation of official salaries... 1 175 of fourth class, salary superintendent of schools... 2 175 CHALLENGE— professional gambling, ground for 1 281 service on jury within one year, ground for 1 280 CHANGE OF VENUE— See code of procedure. CHATTEL MORTGAGE- See conveyances. CHEYENNE COUNTY- of fifth class for regulation of official salaries 1 175 of fifth class, salary superintendent of schools 2 175 408 INDEX. CHILDREN— Sec. Pagre. county court has Jurisdiction over persons respon- sible for dependency or negrlect of 1 163 may issue execution agralnst property of de- fendant 5 164 application of moneys collected upon exe- cution 5 164 construction of act 6 166 persons responsible for dependency or neglect of, grullty of misdemeanor, penalty 1 163 support of, committed to institutions 1 295 unlawful to assault or take liberties with 1 181 CITT AND COUNTY OF DENVER— • See trust deeds. of first class for reg^ulation of official salaries 1 174 of first class, salary superintendent of schools 2 175 CITT ORDINANCES- See ordinance. CIVIL CODE— See code of procedure. CLEAR CREEK COUNTY— of fourth class for resrulation of official salaries... 1 175 of fourth class, salary superintendent of schools.. 2 175 COAL LANDS- See state lands. CODE OP PROCEDURE— actions now pending shall be transferred to proper county 1 166 actions tried in county where property or greater part thereof is situated 1 166 amendment to chapter 2, act of April 7, 1887 1 165 Jurisdiction of court after application for transfer of action made.. 1 166 transfer of action by court upon application of any party to action « 1 166 service made by publication on domestic corpora- tion 1 167 when allowed 2 167 COLORADO bCHOOL OF MINES— appropriation for building and improvements 1 64 CONDEMNATION— of land, for irrigation ditches, etc 26 264 for park purposes 17 304 for water works purposes 13 36& INDEX. 409 CONEJOS COUNTY— Sec. Pagre. of fourth class for resrulation of official salaries 1 175 of third class, salary superintendent of schools 2 175 terms of court 1 • 180 CONSTITUTIONAL AMEINDMENT— sec. 8 of art. 7 submitted to the qualified electors at next general election 1 168 ballots 2 169 canvass of votes 3 169 CONTRACT— court order, execution of 3 372 notice of application for specific performance served on executor or administrator 2 372 specific performance by executor or administrator. 1 371 CONVEYANCES— of household groods made by husband or wife 1 170 CONVICT LABOR— convicts granted additional good time 3 172 convicts not used as skilled laborers 2 171 upon written request of county commissioners war- den detail convicts to work upon roads, etc 1 171 when city to pay expense of guards and furnish tools 1 171 when county to pay expense of guards and furnish tools 1 171 CORPORATION S— extension of term- act does not apply to toll road companies act does not enlarge powers certificates of renewal filed with county clerk and secretary of state corporation whose charter has expired certificate filed within what time fees for filing certificate extension of term does not extend or renew franchises special meeting of stockholders called notice of meeting question of extension of term submitted to stockholders ballot summons, service of on domestic COSTILLA COUNTY— of fourth class for regulation of official salaries., of sixth class, salary superintendent of schools — terms of court 1 174 1 174 1 173 1 173 1 173 1 173 1 174 1 172 1 173 1 173 1 173 1 167 1 175 2 175 1 180 410 INDEX. COUNTIES— Sec. Page, classification of, to regulate salaries of county and other officers 1 174 division of fourth class counties into A and B. 1 175 to regulate salaries of county superintendents of schools 2 175 mileage and compensation 2 176 COUNTY CLERK— grant licenses to itinerant vendors 4 275 keep records of licenses issued to itinerant ven- dors 7 277 keep records of all fees paid for licenses 7 277 COUNTY COMMISSIONERS— arrange and provide books of registration 7 198 canvass returns for organization of irrigation dis- trict 5 249 defined 2 189 define boundaries and divide irrigation districts 3 248 fix rate of tax levy for irrigation districts 20 260 may sign certificate of applicant for itinerant ven- dor's license 4 275 number precincts 3 191 terms of office in Arapahoe and Adams counties 1 176 COUNTY COURTS— ' issue citation to bondsmen upon forfeiture of bond. . 5 164 failure to appear default entered in favor of the people 5 164 jurisdiction over persons responsible for depend- ency or neglect of children 1 163 may suspend sentence upon defendant furnishing bond for support of children 2, 3 163, 164 terms of in Arapahoe county 1 179 COUNTY SUPERINTENDENTS OF SCHOOLS— classification of counties for regulation of salaries. 2 175 COUPONS— See gift enterprise. COURSING— See animals. COURT OF APPEALS— causes pending in transferred to supreme court 1 177 records of become records of supreme court 1 178 COURTS OF RECORD— terms of in twelfth district 1 180 causes now pending 2 180 manner of proceeding with 2 180 proceedings on bonds 2 181 terms of in Arapahoe county 1 179 INDEX. 411 CRIMINAL CODE— Sec. Page. bribery- attempt 1 183 of judicial officer 1 182 of member of assembly 1 182 of member of board of aldermen 1 182 of member of city council 1 182 of officers of irrigation district 27 264 penalty 1 183 receiving or agreeing to receive— penalty 1 184 unlawful to assault or take liberties with children. 1 181 penalty 1 181 CUSTER COUNTY— of fifth class for regulation of official salaries 1 175 of fifth class, salary superintendent of schools — 2 175 D DAY- See eight-hour law. DEATHS- report of kept DECREE— no further publication of notice after entry of, in water right proceedings of divorce by jury of less than six DEEDS— See tax deeds; trust deeds. DEER— open season DELTA COUNTY— of fourth class for regulation of official salaries of third class, salary superintendent of schools DENTISTRY— practicing dentistry without license, misdemeanor DESECRATION— of flag of U. S. or Colorado DESERT LAND LAWS— memorial opposing repeal of DISTRICT COURT— appeals to by persons convicted of neglect of children jurisdiction of violation of itinerant vendor act of Garfield county- has jurisdiction over water districts 39 and 70... of Mesa county- has jurisdiction over water district No. 42 terms of in twelfth judicial district 297 244 185 239 175 175 184 1 237 373 1 163 16 279 5 244 5 244 1 180 412 INDEX. DITCHES- Sec. See irrigration districts. DIVORCE- heretofore granted by jury of less than six made valid 1 DOCKING- See horses. DOLORES COUNTY— of fifth class for regulation of official salaries 1 of seventh class, salary superintendent of schools. 2 DOMESTIC CORPORATION— service on, by publication 2 DOUGLAS COUNTY— of fourth class for regulation of official salaries — 1 of fourth class, Salary superintendent of schools.. 2 DOVES- open season 1 DUMB ANIMALS— See animals. DURANGO HATCHERY— See fish hatcheries. E EAGLE COUNTY— of fourth class for regulation of official salaries 1 of fourth class, salary of superintendent of schools 2 EIGHT-HOUR LAW— breach of, misdemeanor 3 miners and smelters, limitation of hours of labor.. 1 ELBERT COUNTY— of fifth class for regulation of official salaries 1 of fourth class, salary of superintendent of schools 2 ELECTION CONTEST— Peabody vs. Adams- appropriation to pay expenses of 1 auditor draw warrants 1 ELECTION JUDGES— for establishment of water works 5 for organization of Irrigation districts 3 how appointed 5 for regrular elections in irrigation districts 7 how appointed 7 regrlstration committee in cities over 5,000 act as...* 3 Page. 185 175 175 167 175 175 239 175 175 285 284 175 175 251 251 190 INDEX. • 413 ELECTIONS— Sec. Pagre. See registration; voting machines. ELECTORS— See registration. qualifications of, to vote for acquirement of public parks 13 302 to vote for acquirement of water works 5 363 to vote for organization of irrigation districts.. 4 249 registration of, in cities of over 5,000 population.... 1 188 EL PASO COUNTY— of second class for regulation of official salaries... 1 174 of first class, salary superintendent of schools 2 175 EMINENT DOMAIN— for irrigation districts 26 264 for public park purposes 17 304 to condemn water works , 13 360 EMPLOYER— unlawful for, to maintain blacklist 4 161 EMPLOYMENT— at which more than eight-hour day Is forbidden 1 284 EQUIPMENT— conditional sale of railroad 1 305 ESTATES^ See wills. contracts of deceased executed specifically— when.. 1 371 how represented in irrigation districts 39 267 ESTRAY FUND— surplus from sale of seized cattle goes into 1 288 EVIDENCE— possession of marked fiag prima facie, of violation of act 1 238 registration books, etc., in criminal proceedings 14 213 EXAMINATION— for certificate as registered nurse 3 354 for license to practice medicine 7 347 EXECUTION— issues against property of defendant for support of children committed to state Institutions 2 296 sale of lands to state under 47 339 EXECUTOR- deed executed by, when 4 372 by order of court 3 372 specific performance of deceased's contract by 1 371 sign or object to petition to change boundaries of irrigation districts 39 267 414 • INDEX. EXPLOSIVES AND FIREWORKS— Sec. Page. police authorities regulate time and conditions of igniting fireworks , 2 231 unlawful to have in possession toy pistols, ex- plosive canes, etc 1 231 violation of act, penalty 3 231 F FAIRS— See state fair. FEES— for certificate of purchase, lease, etc 11 323 for certificate of registration 14 214 for certificate of taxes due 2 309 for change of registration by county clerk 16 215 for incorporation of water users' association 1 361 for notice of request for tax deed ; 5 313 of oflScers, Larimer county 1 285 to obtain license as Itinerant vendor 5 • 276 to obtain license to practice medicine 6 347 to obtain license to practice as registered nurse 3 354 FELONY— bribery of judicial or ministerial officer 1 182, 183 impersonation of licensed physician 12 351 interfering with Judges and watchers of election... 22 218 making false answer for purpose of registration 18 216 presenting forged or false certificate to obtain license to practice medicine 12 351 taking Improper liberties with children 1 181 tampering or interfering with voting machine 22 230 wilful alteration, destruction or loss of registra- tion lists by committeemen 19 216 wilful stealing, destruction or alteration of regis- tration lists 19 216 FIFTEENTH GENERAL ASSEMBLY- approprlation for part expense 6 65 general appropriation for expense 2, 3 73 FIREWORKS— See explosives and fireworks. FISH- open season 1 239 trout 1 239 size of 1 239 public has right to fish in streams '... 1 239 FISH AND GAME COMMISSIONER— select site Del Norte hatchery 2 233 select site Glenwood hatchery 2 234 INDEX. FISH HATCHERIES— Sec. Del Norte hatchery- appropriation for purchasing site, erecting and stocking 1 auditor draw warrants 4 construction 3 fish and game commissioner select site 2 Durango hatchery- appropriation for erection of superintendent's residence at Durango hatchery 1 ^auditor draw warrants 1 supervision of construction 1 Glenwood hatchery- appropriation for purchasing site, erecting and stocking 1 auditor draw warrants 5 construction of hatchery 2 fish and game commissioner select site 2 cost of site 2 in charge of superintendent 4 salary of 4 insufficiency of appropriation 3 Grand county hatchery- appropriation for purchasing site, erecting and stocking branch fish hatchery Grand county... 1 auditor draw warrants on vouchers approved by governor 7 cost not to exceed appropriation 3 designated Grand county hatchery 2 in charge of one assistant, how appointed and salary 5 appropriation for salary 6 supervision of construction 4 FLAGS- construction of word "flag" 1 desecration of, misdemeanor, penalty 1 design of on package, etc., unlawful 1 possession of unlawful design 1 unlawful to mutilate, etc 1 unlawful to place advertisements, etc., on 1 FRANCHISE— See ordinance. for railway within public park not granted 11 for special privilege within park not granted 11 FRAUD- in sale of goods by itinerent venhor, penalty 15 used in obtaining medical license grounds for can- celation 10 used to obtain lease on state lands grounds frr cancelation 17 FREMONT COUNTY— of third class for regulation of official salaries 1 of second class, salary superintendent of schools.. 2 415 Page. 233 23a 232 232 234 235 234 234 234 235 235 234 236 236 237 237 237 237 302 276 348 174 175 416 INDEX. G GAME— Sec. Page. open season, deer 1 2^ doves 1 239 prairie chicken and grouse 1 239 G. A. R. ENCAMPMENT— appropriation for reception and entertainment 3 68 auditor draw warrants 4 68 on orders countersigned by governor 4 58 board of commissioners 2 58 duties of 2 68 report of 6 58 treasurer of commission execute bond 5 68 GARFIELD COUNTY— bear expense of water commissioner in district 70.. 6 244 fourth clELSs for regulation of official salaries 1 175 third class, salary superintendent of schools 2 175 GENERAL ASSEMBLY— See fifteenth general assembly. qualification of employes of 1 240 GIFT ENTERPRISE- defined 2 241 forbidden 1 241 a misdemeanor 5 242 includes indefinite exchanges 4 242 includes trading stamps 3 242 GILPIN COUNTY— of fourth class for regulation of official salaries.. 1 175 of third class, salary superintendent of schools — 2 175 GOVERNOR OF STATE— appoint board of Lewis and Clark managers 2 77 appoint board of medical examiners 2 345 appoint board of nurse examiners 1 352 execute land patents 7 322 GRAND COUNTY— of fifth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools — 2 176 GRAND COUNTY HATCHERY— See fish hatcheries. GRANTEE— pays taxes when.. 3 309 GRANTOR— pays taxes when 3 309 INDEX. 417 GROUSE— Sec. Pa«e. open season 3 239 GUARDIAN— sign or object to petition to ch&nge boundaries of irrigation district 39 2K7 GUARDIAN AND WARD— See parent and child. GUNNISON COUNTY- of fourth class for regrulation of official salaries... 1 ITo of fourth class, salary superintendent of schools... 2 175 H HINSDALE COUNTY- of fifth class for regulation of official salaries 1 175 of seventh class, salary superintendent of schools. 2 175 HOME FOR DEPENDENT AND NEGLECTED CHILDREN— See state home for dependent and neglected children. HORSES— description of docked horses furnished to bureau of child and animal protection 1 186 docked horses allowed in this state for breeding and exhibition purposes 1 186 HOUSEHOLD GOODS— See conveyances. HOUSE OF REPRESENTATIVES— See general assembly. HOW. D. F.— 'appropriation to pay 1 76 HUERFANO COUNTY- of fourth class for regulation of official salaries — 1 175 of third class, salary superintendent of schools — 2 175 HUSBAND AND WIFE— conveying or mortgaging household goods 1 170 I INDEBTEDNESS— bonded, created for water works 3, 8 • 362, 365 creation of, for irrigation districts by board of directors 28 264 question of, submitted to electors for acquisition of park 13 302 14 418 INDEX. INDUSTRIAL. SCHOOLS— Sec. See state industrial schools. INJUNCTION- issue against debtor of state land board, when 47 INSANE ASYLUM— See state insane asylum. INSANE PERSONS— See lunatics; wills. INTER-STATE COMMERCE ACT— resolution urgring amendment of IRRIGATION— boundaries of district No. 39 1 boundaries of district No. 42 3 boundaries of district No. 70 2 districts 39 and 70 remain in division 5 4 district 42 remain in division 4 4 district court of Garfield county retain Jurisdiction over 39, 70 5 district court of Mesa county retain Jurisdiction over 42 5 expenses of water commissioner of district No. 70.. 6 notice in water right proceedingrs after adjudi- ' cation 1 water users' association- exempt from income or franchise tax 1 fee for filing and recording articles of incor- poration 1 furnish recorder with books for recording stock subscriptions 2 recorder's fees 2 IRRIGATION DISTRICTS— assessor assess lands in 19 assess acres equally 19 make return to county commissioners 19 ballots, form of for organization 4 form of, on question of bond issue 15 form of, for dissolution ' 48 boundaries, defined by county commissioners 3 changed on admission of contiguous territory if no protest filed 36 may be changed without changing existing con- tracts 31 board of directors, appoint Judges of regular elec- tion 7 apportion water 11 audit claims 24 canvass returns, in public 9 canvass votes for dissolution of district 49 Page. 243 243 243 243 244 244 244 361 361 249 257 271 267 251 254 252 271 INDEX. 419 IRRIGATION DISTRICTS— Continued. Sec. Page board of directors— continued. certify order of dissolution 49 " 271 certificate attached to 49 271 declare result of elections 9,10 * 252 determine amount of bonds to be issued 15 256 'duties and powers of 11 253 enter upon duties, when 5,6 250 entitled to take conveyances 14 255 estimate expenses for ensuing year 18 259 certify estimate to county commissioners — 18 259 establish precincts in territory annexed 40 268 file order and plats of annexed territory 37 267 file petition for Judicial examination of bonds.. 51 272 file plats and order after exclusion of lands 46 270 institute actions 14 255 how board appears in 14 255 issue certificates of election 10 252 may admit or reject territory 36 267 may apply bonds as purchase money 16 259 may construct work across streams, etc 26 264 when eminent domain exercised 26 264 may enter upon lands to make surveys, etc 12 254 may grant or refuse petition for exclusion of lands 45 269 may lease, rent or contract for water 11 254 may sell bonds, when and how 16 258 meetings, regular and special 12 254 public 12 254 quorum at 12 254 records kept of 12 254 open for inspection 12 254 special, how called 12 254 members of, can not be interested in or receive benefit of contract 27 264 felony, penalty 27 264 enter upon duties, when 5,6 250 how elected 3 248 oath and bond of 6 250 term of ofllce of 10 252 ofilce of, where located 7 251 organization of ^. . • 11 253 ' ' election of officers 11 253 power to condemn land.., 12 255 rules and regulations of 11 253 distribution of 11 254 salaries of members 27 264 secretary of 3 249 submit question of bond issue to electors 15 256 notice of election posted and published 15 256 contents of 15 256 form of ballots in 15 257 submit question of additional issue of bonds 15 258 vacancies in, how filled 10 253 420 INDEX. IRRIGATION DISTRICTS-Contlnued. Sec. bonds, amount of, how determined 15 additional issuance of 15 authority to Issue, how derived 15 denomination and form of 15 interest coupons used in payment of taxes 21 interest on 15 Judicial examination of 50 mature in less than twenty years 15 payment of 17 record of kept 15 sale of, notice of, published 16 sealed bids 16 when opened 16 selling price of 16 show authority for issuance 16 used in payment of taxes 21 when and where payable 15 when issued 15 when used as purchase money 16 boundaries of, how determined 3 claims, must be audited by board 24 must be verified 24 warrants issued to pay 24 draw interest 24 endorsed by treasurer 24 when paid 24 construction of canals, etc 23 award of contract for construction 23 contractor's bond 23 bids for may be rejected 23 board advertise for bids 23 plans and specifications 23 contracts, for water from outside districts 13 ratification of contracts by electors, when 11 county commissioners, allow petition 3 appoint election judges, when 3 call election for organization 3 canvass votes for organization 5 declare results of organization election 5 file order and plats In accordance 5 define boundaries 3 divide district 3 establish election precincts 5 examine petition 3 fix rate of tax levy 20 may exclude or include lands in organization.. 3 county treasurer, ex-ofllcio district treasurer 21 accounts kept by 21 no extra compensation 21 district treasurer, county treasurer ex-offlcio 21 make monthly report to board 21 keep register of warrants issued 24 receive district moneys 21 ditches, when not Included In 1 Page. 256 258 258 257 261 257 271 258 259 258 258 258 258 259 25S 261 267 257 25& 247 262 263 262 263 263 263 262 262 262 255 253 248 248 248 249 249 250 247 248 250 247 260 247 260 261 261 261 261 263 246 INDEX. 421 IRRIGATION DISTRICTS— Continued. Sec. dissolution of, petition, notice, election and ballots. 48 division of district for oreranization 3 election, called by county commissioners for or- eranization 3 canvass of votes of 5 clerk of, deliver returns of 8 judges of, appointment of 5, 8 chairman of 8 powers of 8 oath of 8 vacancies in, how filled 7 of board of directors 3 precincts, how established 5 qualification of electors at organization 4 regular, when held 6 result of, declared by board... ^ 9 statement of, filed by secretary of board 10 contents of 10 returns of, not rejected 9 board canvass in public 9 expenses of, how. met 25 former ditches, etc., exempt from 1 franchises of, exempt from 1 Indebtedness in excess of act, void 28 judicial notice taken of 14 lands, contiguous included In district, when 3,32 petition for annexation filed 32 payments required of petitioners .' 35 exclusion and inclusion of 3 owners of, represented by legal representative.. 39 notice, of election for organization 4 of dissolution of district 48 of election for exclusion of lands, when and how given 43 contents of 43 costs of, advanced by petitioner 43 of judicial examination of bond issue 52 how given 52 of regular elections 7 ofllcers of 3 organization, powers 1 deemed regular after filing order 14 unless quo warranto filed 14 order of county commissioners of 5 petition, for organization 2 accompanied by bond 2 contents of 2 denial of 3 reasons for 3 when writ of mandamus lies for 3 informalities in, disregarded 3 publication of 3 Page. 270 248 248 249 252 250. 251 251 251 251 251 248 250 249 250 252 252 252 252 252 263 246 246 264 255 248, 265 247 267 249 271 269 269 272 272 251 249 246 256 '256 249 246 247 246 248 248 248 248 247 422 INDEX. IRRIGATION DISTRICTS-Contlnued. Sec. Page. petition for annexation of contigruous territory 32 263 contents and construction of 32 265 hearing of 34 266 objections to, filed in writing 34 266 failure to file objections 34 266 petition for exclusion of lands 42 268 contents of 43 268 hearing and construction of 44 269 objections to, presented In writing 44 269 petition for dissolution of district 48 270 contents, election and notice 48 271 hearing 48 271 petition for Judicial examination of bonds 51 272 contents of 51 272 hearing of 52 272 notice of how gi.ven 52 272 plats of organized district filed 5 250 of changes in district filed 37 267 of district after exclusion of land 46 270 pleadings in proceedings for examination of bond issue 53 272 property, acquired how 12 254 compensation for, taken 30 265 exempt from taxation 13 255 title to, how taken 13, 14 255 redivision of. If contiguous lands are annexed 40 268 if lands are excluded 47 270 reservoirs not Included in, when 1 246 revenue laws applicable to 22 262 rules and regulations 11 253 distribution of 11 254 state lands, dedication of right of way over for 26 264 taxes, rate of fixed by county commissioners 20 260 rate of increased to cover delinquencies 20 260 warrants, draw interest 24 263 issued to pay claims 24 262 indorsed by treasurer 24 263 made payable to bearer 24 263 order of payment of 24 263 when paid 24 263 water rights, assignment of 11 254 waters, distribution of 11 254 when supply is Insufllclent 29 265 no prescriptive right attaches to 11 254 rental of 11 254 TINERANT VENDOR— act does not apply to commercial travelers or agents 2 274 construction of terms 1 274 conviction for violation of act nullifies license 10 277 failing to comply with requirements of act, pen- alty .» 12 278 INDEX. 423 ITINERANT VENDOR— Continued. Sec. Pa«e. license, application for, made In writing to county clerk '. 6 276 accompanied by certificate of erood morals 4 275 county clerk grant, when 4, 6 275, 276 fees for » 5 276 application of 8 277 forging or counterfeiting license, penalty 11 277 making false statement in application for, pen- alty 12 278 not transferable 6 277 numbered and name of person authorized to act under 6 276 nullified by violation of act 10 277 oath of applicant for 4 275 record of, kept by county clerk 7 277 term of 6 276 must obtain license 3 275 penalty, for making false o'ath in securing license. 14 278 for fraud in sale of goods 15 278 post his name and number of license in conspicuous place 9 277 refusal to pay for license 13 278 county clerk bring action to recover fee 13 278 may attach goods to secure judgment 13 278 selling goods without a license, penalty 12 277 show license when called on so to do 9 277 penalty for refusal to show 9, 12 277, 278 J JEFFERSON COUNTY— of fourth class for regulation of ofliclal salaries.. 1 175 of fourth class, salary superintendent of schools.. 2 17B JUDGED OF ELECTION— See election Judges. JURORS- persons exempt from jury service 1 280,281 that one is a professional gambler, ground for challenge to the poll 1 281 service on jury within one year, ground for ex- cuse and challenge 1 280 JUSTICE OF THE PEACE— » jurisdiction of violation of Itinerant Vendor act 16 279 issue attachment, when 1 282 K KANSAS-COLORADO SUIT— See actions. KIOWA COUNTY- of fifth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools 2 175 424 INDEX. KIT CARSON COUNTY— Sec. Page, of fifth class for regulation of official salaries.. 1 175 of flfth class, salary superintendent of schools — 2 175 L LABOR— See convict labor; eight hour law. LAKE COUNTY- of third class for regulation of official salaries 1 174 of third class, salary of superintendent schools 2 175 LAND— See state lands. donation of, for Beecher Park 1 158 for school houses 35 332 for well in Washington county..; 4 25 LAND BOARD— See State Board of Land Commissioners. LA PLATA COUNTY— of fourth class for regulation of official salaries... 1 175 of fourth class, salary superintendent of schools.. 2 175 LARIMER COUNTY— of fourth class for regulation of official salaries.. 1 175 of third class, salary superintendent of schools 2 175 of third class to regulate fees chargeable by county officers 1 2S5 LAS ANIMAS COUNTY— of third class for regulation of official salaries.. 1 174 of first class, salary superintendent of schools.... 2 175 LEASE— See state lands. LETTERS TESTAMENTARY— See wills. LEWIS AND CLARK CENTENNIAL EXPOSITION— appropriation for erecting building and placing exhibit 1 77 auditor issue warrants upon certified vouchers.... 1 77 commissioners report to Governor 3 78 Governor transmit report to General Assembly 3 78 Governor appoint three commissioners 2 77 commissioners receive no compensation 4 78 except 4 78 officers and employes of commission 2 78 LIBRARIES— See traveling libraries. INDEX. 425 LICENSE— of Itinerant vendor, how obtained to practice medicine, how obtained to practice nursing, how obtained to vend goods near public parks, how obtained. LIENS— See mortgages. not effected by suspension of remedy on railroad equipment retained by vendor, not- withstanding delivery Sec. 4 3 3 11 LIEUTENANT-GOVERNORr- execute land patents in absence of Governor 7 LINCOLN COUNTY— of fifth class for regulation of ofilcial salaries 1 of sixth class, salary superintendent of schools 2 LIVE STOCK— injured on right of way of railroad, employes care for animals 1 acts of company not construed as admission of liability 2 or waiver of claim by owner 2 agent notify owner 1 may be quarantined if Infected 2 must be dipped or sprayed if infected 1 seized and treated, when 1 sold to defray expenses of treatment 1 owner may recover upon payment of costs 1 surplus of sale to estra^ fund, when 1 LOCATION CERTIFICATE— of mining claim on State lands filed with register.. 54 LOGAN COUNTY— of fourth class for regulation of official salaries... 1 of fifth class, salary superintendent of schools 2 LUNATICS— inquest in name of people by whom prosecuted inquest when lunatic charged with crime notice of inquest of lunacy by citation contents of waiver of notice support of Page. 275 345 354 301 292 306 822 175 175 286 286 286 286 288 342 175 175 280 290 290 289 289 289 289 290 M MANDAMUS— when lies In organization of irrigation district. MARRIED WOMEN— See conveyances. 248 426 INDEX. MAYOR— , Sec. Page, approve expenditures made by park commission for park purposes 9 • 301 approve condemnation proceedings for acquiring park 17 304 approve sale of bonds for park purposes 16 304 approve special assessment on real property for park purposes 16 304 MEDICAL EXAMINERS— See State Board of Medical Examiners. MEMORIAL^ opposing repeal of desert land laws 373 relating to the fencing of springs 874 relating to the storage of water for irrigation pur- poses 376 suggelting the creation of a national board of child and animal protection 375 MEMORIAL MONUMENT— appropriation to erect monument on Capitol grounds 1 78 auditor draw warrants 5 79 bids, contract and contractor's bond 4 79 board of erection 2 79 duties of board 2, 3 79 design 4 79 MERCHANDISE— See itinerant vendor. MESA COUNTY- t>ear expenses of water commissioner of District 70. 6 244 of fourth class for regulation of official salaries 1 175 of third class, salary superintendent of schools — 2 176 METZER, CHARLES L.— appropriation for relief of 1 80 auditor draw warrant 2 80 MIDWIVES- keep registry of births and deaths professionally attended , 1 297 MINERAL COUNTY— of fifth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools 2 175 terms of court in 1 180 MINES— unlawful to ticket 1 160 location of on state land 54 S42 INDEX. 427 MINING— Sec. Page. See eight-hour law. MISDEMEANOR— conducting or patronizing gift enterprises 5 242 employment for more than eight hours a day, when 3 285 engaging , dumb animals in combat 3 187 filing petition to purge registration without reason- able cause 11 210 making false statements to procure certificate as registered nurse 8 355 mutilating or defacing fiag of United States or state 1 237,238 persons responsible for neglect or dependency of children when guilty of 1 163 practicing as registered nurse without certificate.. 8 356 practicing dentistry without license 1 184 practicing medicine without a license 12 351 refusal to give information for purposes of regis- tration 6 198 to maintain blacklist or boycott 5 161 to maintain braces less than twenty feet above highway 1 162 MONTEZUMA COUNTY— of fifth class for regulation of official salaries.. 1 175 of fifth class, salary superintendent of schools 2 175 MONTROSE COUNTY- of fourth class for regulation of official salaries 1 175 of third class, salary superintendent of schools 2 175 MONUMENT— See Beecher Park; memorial monument. MORGAN COUNTY— of fourth class for regulation of official salaries.. 1 175 of fifth class, salary superintendent of schools 2 175 MORTGAGES- See conveyances, act does not apply to suits pending at death or adjudication 2 291 foreclosure upon property of one deceased or non compos mentis 1 291 by suit in court of competent jurisdiction 1 291 permission granted by court upon proof of claim 1 291 within one year if letters issue 1 291 lien, etc., not effected by suspension of remedy 3 292 no deficiency judgment unless brought within one year after letters issue 1 291 428 INDEX. Mc McHUGH, HARRY- Sec. Page. appropriation for relief of 1 80 auditor draw warrant 2 80 N NEW METXICO— resolution to admit as separate state 383 NORMAL SCHOOIv- See state normal school. NOTICE— in water rigrht proceedinfrs after adjudication 1 244 left by registration committee while makingr house to house canvass 10 206 mailed to party of application to strike name from registration list 11 208 of, application for specific performance of de- ceased's contracts 2 372 application for franchise 2 293 animals injured on railroad right of way 1 2S6 annual assessment for water 9 366 dissolution of irrigation district 48 271 inquest of lunacy 1 JSW intention to revoke nurse's certificate 5 355 Judicial examination of bonds of irrigation dis- trict 52 272 meetings of and examination by board of nurse f examiners ,. 3 353 petition for annexation of contiguous territory to irrigation district 8S 266 regular elections in irrigation districts 7 , 251 request for tax deed 5 212 sale of seized animals 1 288 sale of state lands 23 328 of election, to authorize establishment of water works 4 362 for organization of irrigation district 4 249 for exclusion of lands from irrigation district.. 43 269 to debtors of land board of time of payments — 47 339 NURSES— See State Board of Nurse Examiners. license to practice as, how obtained 3 353 o OATH- of applicant for license as itinerant vendor 4 276 of officers of irrigation district 6 250 of elector upon registering 10 205 of registration committee 3 193 INDEX. 429 ORDINANCE— Sec. Pafre. franchises must be grranted by 1 292 except for cities for electrict light plant 6 294 majority vote required for passagre . .^ 4 294 must be once read and published before passage... 3 293 certificate showing reading and publication 3 294 must be read twice before passed 3 293 notice of application for, published 2 293 contents of notice 2 293 proof of publication 3 293 OTERO COUNTY— of the fourth class for regulation of official salaries 1 175 of the third class, salary superintendent of schools 2 175 OURAY COUNTY— of fourth class for regulation of official salaries — 1 175 of fourth class, salary superintendent of schools 2 175 OVELrMAN, CHARLES— appropriation for relief of 1 80 auditor draw warrant 2 80 P PALMER, HARRY V.- appropriation for relief of 1 81 auditor draw warrant 2 81 PARENT AND CHILD— parents and guardians liable for expenses of chil- dren committed to institutions such expenses, how recovered form of action to recover reports concerning PARK COUNTY— of fourth class for regulation of official salaries of fourth class, salary superintendent of schools — PARKS— See public parks; Beecher park. PEDLERS— See Itinerant vendor. PENITENTIARY— See state penitentiary. PERJURY- false oath to obtain itinerant vendors' license 14 278 false statements given to registration committee — 6 198 1 295 z 295 2 296 3 296 1 175 2 175 1 297 7 347 1 174 2 175 430 INDEX. PHILLIPS COUNTY— Sec. Page. of fifth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools — 2 175 PHYSICIAN- keep registry of births and deaths professionally attended license to practice as, how obtained PITKIN COUNTY- of third class for regulation of official salaries of fourth class, salary superintendent of schools PLACE OF TRIAL^ See code of procedure. PRAIRIE CHICKENS— open season 8 239 PROFESSIONAL NURSING— See State- Board of Nurse Examiners. PROWERS COUNTY- of fourth class for regulation of official salaries — 1 175 of fourth class, salary superintendent of schools 2 175 PUBLIC HEALTH— See eight-hour law. report of births and deaths to be made contents of by whom made report of antitoxin sold, to be made contents of to whom and by whom made made within twelve hours of date of sale PUBLIC LANDS— See state lands. PUBLIC PARKS— acquired and maintained by cities 1 299 expenditures for park purposes 9 301 franchises for special privileges within park not granted 11 302 franchises for railroads within park not granted.. 11 302 lands— how acquired- acquired by, assessment and bond sale 16 304 sale of bonds 16 304 interest on bonds 18 304 special assessment upon real property in city 16 304 1 297 1 297 1 297 2 298 2 298 2 298 2 298 INDEX. 431 PUBLIC PARKS-Continued. Sec. Page, lands— how acquired — continued. acquired by condemnation 17 304 benefit to other lands ascertained and as- sessed 17 304 park commission condemn real property for park purposes 17 304 proceedings in accordance with 'general laws 17 304 acquired by city council ." 2 299 grrant or bequest must be accepted or re- fused 2,12 299,302 under control of commission 12 302 acquired by purchase- incurring of indebtedness or issuance of bonds suomitted to electors 13 302 form of ballots 13 302 petition of electors 13 303 qualifications of electors — % 13 302 question of purchase submitted to electors.. 13 302 questions submitted by ordinance 13 303 park commission — adopt rules and regulations for control of park. 11 301 acceptance of other public office, effect of 4 300 annual report made to mayor 10 301 city provide office and supplies for 6 300 condemn property for park purposes 17 304 expenditures for park purposes 9 301 fiscal year of 10 301 grant and refuse licenses to vend goods 11 301 mayor appoint commission 3 300 meetings, general and special 8 301 quorum 8 301 no member interested In contract relative to park 4 300 park under control and care of 3 299 qualifications of members 3 299 receive no compensation 4 300 secretary of, appointed by commission 5 300 duties 5 300 salary 5 300 superintendent of, how appointed 7 300 assistants * 7 300 duties 7 300 salaries 7 300 terhi of office 3 300 vacancies, how filled 3 300 park fund, consists of 14 303 drawn upon by certified vouchers 14 303 maximum tax levy 15 303 collection of tax^ 15 303 used for support and maintenance 14 303 property under control of commission 12 302 432 INDEX. PUBLIC TRUSTEE— Sec. Page. for county and city of Denver 1 358 powers and duties 1 359 PUBLIC WATER WORKS— •See water works. PUEBLO COUNTY— of second class for regulation of official salaries... 1 174 of second class, salary superintendent of schools.. 2 175 Q QUARANTINE— of stock Infected with disease 2 288 QUO WARRANTO - Irrigation district deemed regular and legal unless questioned by 14 256 R RAILROADS— legalization of contracts 2 306 lien may be retained notwithstanding delivery 1 306 duration of Hen 1 306 title to railroad equipment may remain In vendor until paid for 1 305 REAL ESTATE— assessed, and condemned for park purposes 17 304 assessed, for redemption of water works bonds 10 368 for payment of water rent 9 366 assessment of, within irrigation district 19 259 sold for taxes, when 4 30U deed, when issued 5 312 form 8 313 RECORDS— of court of appeals transferred to supreme court.. 1 17S REFORMATORY— See state reformatory. REGISTRATION— act, applies to cities of over 5,000 population 1 18S applies to city and county of Denver 24 219 appeal from decision of court on petition to purge (sub. 9) 11 211 canvass, house to house, by committee (sub. 2) 10 205 form of notice to be left at house (sub. 3) 10 206 time of commencing (sub. 2) 10 205 certificate of registration 14 214 challenge to registration (sub. 1) 11 207 INDEX. 433 REGISTRATION— Continued. Sec. Pagre. changring address, elector may change ten days prior to election 12 211 city elections, registration committee perform like duties as in other elections 20 217 clerk of court, certify to county clerk list of names fraudulently registered (sub. 5) 11 210 mail notices of filing petition (sub. 1) 11 207 clerks of precincts, how appointed 17 216 copies and returns of, certificate attached to (sub. 2) 5 196 committeemen may make daily copies... (sub. 1) 5 196 duty of members to certify (sub. 1) 5 196 corrections and additions to, when may be made (sub. 3) 5 196 filed with county clerk (sub. 2) 5 196 four copies to be made (sub. 2) 5 196 county chairman, certify names to county clerk for registration committee (sub. 3) 3 190 designate choice of members for committee (sub. 3) 3 191 may protest against registration (sub. 2) 10 206 submit names to county clerk to fill vacancies (sub. 3) 3 191 submit names for temporary registration com- mittee '. 21 217 county clerk, deliver registration lists to elec- tion judges 13 212 determine which party is entitled to third member of committee (sub. 3) 3 191 fees of, under this act (sub. 1) 16 215 for furnishing registration lists (sub. 3) 16 215 furnish certificate of registration to elector 14 214 issue certificates of appointment (sub. 4) 3 192 mail, copy of petition to county chairmen (sub. 2) 11 209 copy of protest to county chairmen... (sub. 2) 10 206 list of appointments to county chairmen (sub. 4) 3 192 notice of filing of petition (sub. 1) 11 207 make and file list of registration committee ....(sub. 2) 3 190 notify chairmen of vacancies (sub. 3) 3 191 provide books and supplies (sub. 1) 10 204 strike fraudulent names from lists (sub. 5) 11 210 county commissioners, provide books, return sheets, etc (sub. 1) 7 193 criminal proceedings, registration books, etc., evidence in — 14 213 definition and construction of terms- city (sub. 6) 2 189 computing time (sub. 8) 2 189 county clerk (sub. 4) 2 189 county commissioners (sub. 5) 2 189 434 INDEX. REGISTRATION— Continued. Sec. Page. definition and construction of terms— continued. Judges of election (sub. 3) 2 189 liberal construction of act (sub. 9) 2 190 majority of regristration committee (sub. 1) 2 189 masculine pronoun include feminine 14 214 orderly enter (sub. 7) 2 189 population of cities, how determined (sub. 6) 2 189 reasonable hours (sub. 2) 2 189 regristration committee (sub. 3) 2 189 electors, changing address 12 211 form of oath by (sub. 1) 10 205 may secure certificates of registration from county clerk 14 214 questions to be answered by 9 201 registration of in cities of 5,000 population 1 188 election cases, special prosecution of 23 218 district attorney file complaint 23 218 have precedence over other cases 23 219 election precincts, boundaries of not changed within five months prior to election 15 214 new, contain not more than 500 voters 15 214 on creation of new. committee appointed 15 214 fraudulent registration, committee may strike names from list (sub. 2) 10 206 no fee charged if name restored (sub. 2) 10 206 party may apply to court for restoration (sub. 2) 10 206 felony, interfering with judges and challengers... 22 218 alteration, destruction or loss of lists 19 216 violation of registration law 18 216 lists, to be posted (sub. 10) 11 211 copies to be furnished in sealed envelopes 13 213 county clerk furnish copies to election judges... 13 212 county clerk forfeit \|10 for each nanie omitted or added 13 212 party Injured recover from clerk 13 212 custody of 13 213 registration committee call in person for 13 21.^ tampering, altering or meddling with (sub. 10) 11 211 misdemeanor, filing petition for purging registra- tion without reasonable cause (sub. 6) U 210 refusal to give information for purposes of reg- istration (sub. 2) 6 198 notice, county clerk mall to party challenged (sub. 1) 11 207 failure of, not to defeat purpose of act... (sub. 9) 2 190 left at houses by registration committee (sub. 3) 10 206 oaths, preserved by county clerk 14 213 registration committee may administer.. (sub. 1) 6, 10 198,205 penalties, for failure of member of committee to perform duties 19 216 stealing, destroying, etc.. of registration books.. 19 216 wilful loss or destruction of books by commit- teemen 19 216 iNDEijs:. 435 REGISTRATION— Continued. Sec. Paffe. pleadiners, upon petition to purge registration (sub. 8) 11 ao protests against, at meeting of committee... (sub. 2) 10 206 copy of mailed to county chairmen (sub. 2) 10 206 two copies of filed with committee (sub. 2) 10 206 purging of, by petition filed in court (sub. 1) 11 207 committee notify persons of hearing -.(sub. 3) 11 209 cqvLTt investigate charges summarily (sub. 5) U 209 court issue subpoenas (sub. 9) U 211 decision of court final, except (sub. 9) 11 211 duplicate copies of petition to be filed (sub. 2) 11 209 filing of petition without reasonable cause (sub. 6) 11 210 form of notices of to be mailed by clerk of court (sub. 1) 11 207 hearing upon petition to be summary (sub. 7) 11 210 right to registration, how established in court (sub. 4) 11 209 registration books, etc., form of 8 199 furnished' by county commissioners 7 198, 199 left in custody of clerk 14 214 majority of committee certify (sub. 4) 5 197 form of certificate (sub. 4) 6 197 originals delivered to county clerk, when (sub. 4) 5 197 preservation and destruction of 14 213 registration committee, act as election judges (sub. 1) 3 190 act in city elections 20 217 call on clerk for registration lists 13 213 certify registration books (sub. 4) 5 197 form of certificate (sub. 4) 5 197 compensation of (sub. 2) 16 215 contempt, committeeman failing to appear in court (sub. 3) 11 209 county clerk, provide with books and supplies (sub. 1) 10 204 issue, certificates of appointment (sub. 4) 3 192 county commissioners provide supplies for (sub. 2) 7 199 employes of city not eligible to act on — (sub. 3) 3 192 failure to perform duties, action instituted for removal 4 194 fees and compensation 16 215 list of appointments, how kept (sub. 2) 3 190 to be public records (sub. 4) 3 193 may employ clerical assistance (sub. 3) 16 215 oath, of committeemen, filed with county clerk (sub. 5) 3 193 before what officer taken (sub. 5) 3 193 failure to make and file (sub. 5) 3 • 194 form of (sub. 5) 3 193 office holders not eligible to act on (sub. 3) 3 192 436 INDEX. REGISTRATION— Continued. registration committee— continued. one political party entitled to third member (sub. 3) how determined (sub. 3) perform duties in city elections register electors (sub. 1) removal of committeeman, not aftect validity ot acts performed notice to committeeman of removal procedure, when by complaint upon complaint filed by county chairman upon complaint filed in district court rights of committee to obtain information false swearing before (sub. 1) person refusing to give information.... (sub. 2) selection of first two members of (sub. 3) of third member (sub. 3) sign and certify copies of registration (sub. 1) sit for registration of electors not registered by canvass (sub. 2) temporary, when and how appointed terms of office of members (sub. 2) third member, how chosen (sub. 3) vacancies in, how filled (sub. 3) in case of removal, how filled repeal temporary registration committee, when and how appointed to act until first Tuesday in July, 1906 watchers and challengers, allowed as now provided by law duty of judges to protect may appoint alternate need not be residents of precincts RELEASE— of trust deed, by public trustee of city and county , of Denver , ' by sheriff of city and county of Denver ' by treasurer of city and county of Denver REPEAL- See acts repealed. RESERVOIRS— Rio Grande river- appropriation for maps, surveys, auditor draw warrants commission of supervision memorial concerning Sec. 6 6 6 3 3 5 10 21 3 3 3 4 25 21 21 22 22 Page. 191 191 217 190 195 194 194 194 195 198 138 198 191 191 196 206 217 190 191 191 195 219 217 217 218 218 218 218 358 359 360 etc. 307 307 307 376 RESOLUTION- relating to admission of Arizona and New Mexico. urging amendment of inter-state commerce act 384 INDEX. 437 REVENUE— Sec. Page. See taxes; tax deeds. RIGHT OF WAY— across state lands dedicated to U. S. for irrigation purposes 35 333 city may condemn for water works .13 369 dedication of, on state lands for irrigation purposes 26 264 RIO BLANCO COUNTY— of fifth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools 2 175 RIO GRANDE COUNTY— of fourth class for regulation of official salaries 1 175 of fourth class, salary superintendent of schools 2 175 terms of court 1 180 ROADS— See wagon roads. ROLLIN, FREDERICK C— name changed to 1 279 ROUTT COUNTY— of fourth class for regulation of official salaries 1 175 of fifth class, salary superintendent of schools 2 175 s SAGE CHICKENS- open season 1 239 SAGUACHE COUNTY— of fourth class for regulation of official salaries 1 175 of fourth class, salary superintendent of schools... 2 175 terms of court 1 180 SAILORS— See soldiers and sailors. SALARIES— counties classified for regulation of 1 174 county superintendent of schools 2 175 of attorney-general 1 156 SALES— of goods by itinerant vendor 1 274 SAN JUAN COUNTY- of fourth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools 2 175 438 INDEX. SAN MIGUEL COUNTY— Sec. Pa«e. of fourth class for regrulation of official salaries 1 175 of fifth class, salary superintendent of schools 2 175 SCHOOL LANDS— See state lands. SECRET ART. OF STATE- prescribe rules for printing ballots 7 225 shall provide rules and regrulations for use of vot- Iner machines 7 225 sign and attest land patents 7, 24 322, 330 SEDGWICK COUNTY- of fifth class for regulation of ofllcial salaries 1 175 of sixth class, salary superintendent of schools 2 175 SENATB- See general assembly. SMELTING WORKS- See eight-hour Jaw. SOLDIERS AND SAILORS- burial of 1 317 expenses of, when paid by county 1 317 SPECIFIC PERFORMANCE— See wills. STAMPS- See gift enterprises. STATE AUDITING BOARD— allow requisitions for supplies 4 64, 74 audit bills 5 64, 75 contingent fund under control of 4 63. 74 meetings and records of 4 64, 74 STATE AGRICULTURAL COLLEGE— appropriation for supplementing and extending in- struction 1 82 determination of lines of work 1 83 officers conduct farmers institute 5 84 STATE BOARD OF AGRICULTURE— appropriation 5 )£4 auditor draw warrants 7 84 award premiums for exhibits at state fair 2 92 compensation of members 1 318 establish farmers institute 5 84 majority constitute a quorum 1 318 prepare and adopt lines of work for agricultural college 1 83 see to distribution of funds 6 84 vacancies filled by majority of board 1 318 INDEX. 439 STATE BOARD OF HEALTH— Sec. Page, report to be made to by local boards of health 3 296 STATE BOARD OF HORTICULTURE— award premiums for exhibits at state fair 3 92 STATE BOARD OF LAND COMMISSIONERS- See state lands. adopt rules 2 820 adverse claims of persons to lands held by 30 331 appoint appraisers 10 323 salaries and expenses of 10 323 appoint reerlster of land board 5 320 bond, duties, salary and report of reerister 5 320 appoint deputy regrister 6 322 bond, duties and salary of deputy 6 322 appraisement of lands 9 322 fees for 8 322 auditing- board, examine books of 3 320 report of 3 320 cancel leases obtained by fraud 17 326 collections made by, paid to state treasurer 11 324 contested cases 5 321 record of kept 5 321 contracts with irrigation district 37 335 control funds arising from sale of state lands 37 334 employ office force 5 320 fees paid to, in advance 11 324 general powers of 1 319 governor, president of 2 320 grant right of way across state lands 35 332 lease and sell state lands in cities 18 326 lease state lands 14 325 meetings of, regular and special 2 320 when and where held 2 320 members of 1 319 mineral department to be established by 52 340 appoint superintendent of same 52 340 bond, duties, salary and report of superin- tendent 52 . 340 quorum 1 319 records of, how kept 4, 5 320 renew leases on state lands 16 325 repay moneys received by mistake 17 325 select, classify, appraise and locate state lands 9 322 venue of actions by 27 331 STATE BOARD OF LIBRARY COMMISSIONERS- approprlatlon for expenses of 1 108 STATE BOARD OF MEDICAL EXAMINERS— act, when not applicable 11 360 violation of, misdemeanor 12 351 board, how constituted and qualifications of mem- bers 1 344 440 INDEX. STATE BOARD OF MEDICAL EXAMINERS— Continued. board— continued. Sec. Page. adopt seal, rules and regulations 3 3fl5 compensation of members 13 3S2 establish educational requirements of applicants 3 S45 file with secretary of state 3 345 governor appoint members 2 346 issue and revoke licenses to practice medicine... 5, 10 346, 348 may administer oaths and take testimony 6 i 346 officers of 3 345 prosecute for violation of act 6 346 regulate the practice of medicine 1 344 term of office of members 2 345 character, certificate of good moral, by applicant.. 4 346 examination, subjects of.. 7 347 credentials of candidate for 7 347 fees, paid by applicant for license 6 347 disposition of 13 351 account to governor 13 352 for re-issuing license 10 349 license, application for 4 346 how made 7 347 fraud in procuring .^ 12 351 felony 12 351 how signed and attested 5 346 Issued to qualified persons 5 346 must be recorded 8, 9 348 practicing without 4 346 misdemeanor 12 351 restoration of revoked license 10 348 revocation of, grounds for 10 348 hearing required before revocation 10 349 when issued without examination 3 345 practice, system of to be specified 7 347 practicing, without license, misdemeanor 12 351 what acts shall be deemed 11 350 terms, definition of 11 349 STATE BOARD OF NURSE EXAMINERS- act, does not apply to gratuitous nursing 7 356 does not apply to army nurses 8 355 violation of, misdemeanor 8 355 penalty 8 355 application of fees collected 6 355 board, created 1 352 meetings •. 2 353 records of 2 353 notice of 3 353 qualifications of members of 1 353 report of 2 353 term of office of members 1 853 certificates, application for by foreign nurses 3 364 board may revoke 5 354 notice of intention to and trial 5 366 unlawful to practice without having 4 354 INDEX. 441 STATE BOARD OF NURSE EXAMINERS— Continued. examination of applicants for certificate., character of notice of fees, paid by applicant application of register of qualified nurses kept requirements of nurses now practicing. . . STATE BOARD OF STOCK INSPECTION COMMIS- SIONERS- call on local authorities for assistance inspect and compel treatment of infected cattle order owners to dip or spray may quarantine infected cattle '. may seize infected cattle and treat them sell cattle seized to defray expenses of trtat- ment notice of sale disposal of proceeds of sale STATE BUREAU OF CHILD AND ANIMAL PRO- TECTION— appropriation for use of auditor draw warrants upon vouchers time for which appropriation to be used Sec. Page. 3 354 3 354 3 353 3 354 6 355 2 353 4 354 2 288 1 287 1 287 2 2S8 1 288 1 288 1 288 1 288 8t> 86 STATE CAPITOL BUILDING— appropriation for, completion of equipping vaults, painting and improvements.. maintenance and support of part maintenance and support of portrait of Senator E. O. Wolcott refurnishing of auditor issue certificate of indebtedness 2, 3 certificates bear Interest 2, 3 credit of state pledged to pay 2, 3 state treasurer, advertise number of certificates to be paid 3 countersign certificates 2, 3 when interest to cease on certificates 3 STATE FAIR— held annually 3 where held STATE FAIR FUND— appropriation to fund auditor draw warrants part of appropriation to board of agriculture... part of appropriation to board of horticulture, purpose of fund 90 88 87 90 88 90, 8S 87, 90, 89 90. 89 90 90, 89 91 92 92 91 92 92 92 91 442 INDEX. STATE HISTORICAL AND NATURAL HISTORY SOCIETY— Sec. Page. annual report 3 357 appropriation, for use of 1 356 to secure collections and historical data 1 356 preserve and protect documents 1 356 catalogue of collections 2 356 expenditures paid by auditor 3 356 STATE HOME FOR DEPENDENT AND NEG- LECTED CHILDREN— appropriation for improvements and repairs 2 93 appropriation for support and maintenance 1 93 proviso as to payment 3 93 STATE INDUSTRIAL SCHOOL— BOYS— appropriation for part support, maintenance and salaries 1 94 appropriation for support, maintenance, improve- ments and repairs 1 95 auditor draw warrants 1, 2 94, 95 control of fund 2 96 indebtedness not to exceed appropriation 3 , 96 STATE INDUSTRIAL SCHOOLr-GIRLS- approprlation for improvements and repairs 1 96 auditor draw warrants 2 97 board of control draw vouchers 2 97 STATE INSANE ASYLUM— appropriation for maintenance, support and salaries 1 98 appropriation for part expense and maintenance... 1 97 time covered 1 97 auditor draw warrants for certified vouchers 1,2 97,99 control of fund 2 98 STATE INSTITUTIONS— parents held for costs of children committed to 1 295 STATE LANDS— See state board of land commissioners- after sale, subject to tax 31 331 appraised 9 323 coal located on 53 341 royalties 53 341 minimum tonnage : 53 341 compensation for improvements on 12,23 324,329 certificate of purchase of 29 331 defaulting purchaser forfeit 25 330 dedication of, for right of way for irrigation ditches, etc 26 264 for Beecher park 3 159 to United States for irrigation purposes 35 333 ditch contracts, how drafted 36 333 forfeited lands, resale of '.. 26 330 INDEX. 443 STATE LANDS-Continued. Sec. funds, arising from sale of 3 for loans set apart for each county 48 investment of 37 loans from, application to be referred to county commissioners 40 form of application 38 additional security furnished when required. 39 counties responsible for bad loans 46 tax to reimburse for 46 county record of loan fund 44 funds for, apportioned to each county 43 Interest, compounded on 37 when due 51 payments on 42 procedure, when overdue 47 protecting against prior liens 38 renewal of 41 secured by trust deed 37 terms of 37 transfer of unloaned moneys to other coun- ties 45 permanent accounts to be kept of 42 payments to be credited to 37 forest reserve, exchange of state land in 57 leases, allowance to lessee for improvements when land sold 23 cancellation of, procured by fraud 17 for agricultural purposes, term of 16 for coal, oil, gas or mining lands, term of 14 for grazing purposes, term of 16 non-payment works forfeiture of 15 notice of forfeiture 15 renewals of 16 valuation in case of renewal 16 rents, payable in advance 15 sale of land under 16 mining locations on ^ -* •. 54 patents to, attested by secretary of state 7,24 executed by governor 7, 24 executed by lieutenant-governor, when 7 executed, how 7 platting and sale of 21 public notice of sale of 23 purchaser entitled to immediate possession 13 purchaser's bond, terms of 28 rental of 14 right of way across 26, 35 sale of, in cities 18 in aid of irrigation 36 reverted lands 49 school lands 20 to settlers 23 to United Statees for Irrigation purposes 22 sales of for cash, when 50 secured by collateral 50 Page. 332 338 334 337 335 336 338 339 340 337 339 336 337 335 335 838 837 334 343 329 326 325 325 325 325 325 325 325 325 325 342 322,330 322,330 322 328 324 331 325 264, 333 327 327 340 340 444 INDEX. STATE LANDS— Continued. Sec. Page. sales to be held at state capltol 24 329 school lands, platting and sale of to settlers 21 328 sale of 20 327 selection, classification and appraisement of 9 322 settlers on, to be reimbursed for improvements 12, 17 324, 326 actions by, against purchaser for value of im- provements 12 324 sold to citizens and declarants only 23 329 taxes, after sale, subject to 31 331 county assessor notified of sale 31 332 no tax on forfeited lands 32 832 terms of sale 24 329 timber lands, terms of sale , 24 329 trespassing easements 19 327 STATE NORMAL SCHOOL— appropriation for maintenance, growth and de- velopment of 1 99 STATE PARKS- See Beecher park. STATE PENITENTIARY— appropriation for part maintenance and expense. . . 1 100 appropriation for support and maintenance 1 101 appropriation for repairs and improvements 1 101 auditor draw warrants 2 100, 101 no Indebtedness in excess of appropriation 2 102 warden keep accounts 2 101 STATE REFORMATORY— appropriation for completion of buildings 1 103 appropriation for expense and maintenance of 1 102,104 time covered 1 102,104 auditor draw warrants on certified vouchers.. 1, 2 103, 104 STATE SCHOOL FOR DEAF AND BLIND— appropriation for improvements and repairs 1 105 auditor draw warrants 2 1Q6 control of fund .' 2 105 STATE SCHOOL OF MINES— See Colorado school of mines. STATE SOLDIERS' AND SAILORS' HOME— appropriation for part maintenance and expense.. 1 106 time covered 1 106 appropriation for maintenance and salaries 1 107 less partial appropriation of $12,000 1 107 appropriation for improvements and repairs 2 107 STATE UNIVERSITY— See University of Colorado. STOCK— See live stock. INDEX. 445 SUMMIT COUNTY— Sec. of fifth class for regulation of official salaries I of sixth class, salary superintendent of schools. . . .* . 2 SUMMONS— See code of procedure. SUPERINTENDENTS OP SCHOOLS— classification of counties for regulation of salaries 2 SUPREME COURT- authorized to make appointments 1 salaries of appointees 1 causes pending in Court of Appeals transferred to. 1 clerk of, becomes custodian of records of Court of Appeals 1 stenographers appointed by judges 2 salaries of stenographers 2 SURPLUS FUND- appropriation to University of Colorado from fund 2 treasurer and auditor transfer excess revenue to.. 1 when 1 Page. 175 175 175 357 357 177 178 357 357 109 109 109 T TAX DEED— applicant for, deposit fees for notices 5 313 request to treasurer to issue 5 312 treasurer serve notice of request on occupant of land 5 312 treasurer publish notice of request if no oc- cupant of land 5 312 contents of notice 5 312 treasurer acknowledge 8 316 form of acknowledgement 8 316 treasurer execute 8 313 form of deed 8 313 TAXES— levied for benefit of irrigation districts 19 259 levied for benefit of park fund 15 303 may be made by distraint of personal property 1 308 personal demand for unnecessary 1 308 redemption of lands sold for 7 313 special to redeem bonds of water works 10 368 state lands not subject to, until after sale 31 331 treasurer give notice of sale ■. 4 310 form of 4 310 treasurer issue certificate of taxes due 2 309 contents of certificate 2 309 treasurer issue receipt for when paid 1 308 contents of receipt 1 308 treasurer make list of lands to be sold for 4 310 form of list 4 311 treasurer notify delinquents 4 309 446 INDEX. TAXES— Continued. Sec. Page. water users associations exempt from annual and Income 1 360 when paid by grrantor, when by grantee 3 309 when payable 1 308 TAX SALE— treasurer give notice to owner of land to be sold.. 4 310 TELLER COUNTY— of second class for regulation of official salaries 1 174 of second class salary superintendent of schools.. 2 175 THUM, FREDERICK C— See Rollin, Frederick C. TOLL ROAD COMPANIES— act allowing extension of term not applicable to — 5 174 TRADING STAMPS— See gift enterprise. TRAP-SHOOTING— See animals. TRAVELING LIBRARIES— appropriation for support and maintenance of — 1 108 auditor draw warrants 2 108 TROUT— open season 1 239 TRUST DEEDS— See mortgages. City and County of Denver- powers and duties of public trustee 1 358 not afCected by suspension of remedy 3 292 release of— sheriff of former Arapahoe county named as successor — upon payment of indebtedness, etc., sheriff of city and county of Denver execute re- lease 1 359 force and efCect of release 3 360 treasurer of former Arapahoe county named as successor— upon payment of indebtedness, etc., treas- urer of city and county of Denver execute release 2 360 force and efCect of release 3 360 TRUSTEE— powers of, for city and county of Denver 1 368 TWELFTH JUDICIAL DISTRICT— terms of court in 1 180 INDEX. 447 U UNIVERSITY OP COLORADO- Sec. Page. See surplus fund. appropriation from surplus fund 2 109 payment of certificates of Indebtedness 2 109 interest on certificates 2 109 V VENUE- of actions affecting property, franchises or utilities 1 VOTER- See electors. VOTING MACHINES— See constitutional amendment. act, in eftect when 24 application for examination by board 3 deposit of $300 fee 4 appointees to be sworn 10 assistance to voters by judges 13 intoxicated voter not entitled to 13 ballot label, defined 15 arrangement of party and candidate naiftes 15 by whom furnished and how printed 15 preparation of, for use In machine 17 samples of, for public inspection 16 ballots, for person not nominated 5 for presidential elector. . .'. 5 irregular 18, 20 on questions and amendments 5 secretary of state prescribe rules for printing... 7 split ticket 5 straight ticket 5 time in which to cast 12 bonds, payment for machine, by issuing 6 construction of 5 provide for, changing vote 5 correctly registering every vote 5 permitting voting in one minute 5 presidential electors 5 preventing voting, when 5 secrecy of ballot 5 seven political parties 5 straight and split tickets 5 voting for persons not nominated 5 voting "yes" and "no" 5 counting apartment, Inspection of 20 election precincts, created 9 contain 600 votes each 9 examination of, by board 3 notice of time to be given 3 re-examination not required for improvements on 3 166 280 226 227 227 227 227 227 227 223 223 228, 229 222 225 224 222 223 222 223 223 222 222 222 222. 223 223 222 229 225 226 221 222 221 >»^ f-jr ^^ra-.TT "'a-tij^o- * 22 f i— T.5in**« -.7 i sai ^?^-wrMu ^- i-.r. 'jt'w^ ^5"'T- - - ^ a ai uvkrt 3 T3L .Tjtf^i^^'.r '/. b-/ ^uiC* Vrf«Tt iiicoic. 5?-- . --. rr SB <« ii^rj',K, -lir rr ss ,siRrvr..^r_«. ^stiurA fflr '-t t>^-^ - 14 ST aM^Si^: f'vr ',f Tc'«ri a 31 f«t&t,r^ <ir ^TT'/^-stcn^ rr.lg>arf? ^g T 3S mfti^ifArr ^M. fTjaJJi: tirz^s^L. frfr ~^s^ I 2S ti» ^JKf,jm /S.r:fir a^yi T'<ier» » 2S 'y^r^KM ^tA iLfijn 5 23 ^, .'^..f ::%'>, k^y?. --r.Lawf.:: -.o haT-e 2 3i IM7II Tt^inyiA wj'ii <i«ct:<m rersrss 21 23 mf^0A 'yf, f'yr itunrictios. cft ro^er 5 231 4^b >f AifU<^t,jiem 1* 2S filXT.lm; ->£, at c:ot of electi^yn If 23B po'Atr^ tflSiC^M^ location of xnachice In 12 2S rof/m to he 4fvided hy railing 12 23i IfreuArims, for election S 25 pr«««nratioti of S 2S »»er«taiT of stat^ prescribe mlea for 7 2S fftmntn locked after election Si 22§ r^Mmn, oormpared with machine dials 39 29 l^rtion oiBcers make, as required by law » 229 to b« announced at polling: place 3 23 rul^ and reirulations for care of 7 235 «tat^ board of votfngr machine commissioners- compensation 4 22 examine machines upon application 3 221 governor appoint three members 2 230 members of. have no pecuniary interest 2 221 one member from each political party 2 221 qualifications of members of 2 221 report of, after examination of machine 3 221 term of office, five years , 2 22D vacancies and removal of members 2 221 tamperiniT with, felony 22 230 time, allowed for votlngr 12 226 when act shall take effect 24 230 use of, any approved machine may be used 6 224 election officers instructed In 8 225 experimental, without adoption 11 225 favorable report of board authorizes 3 221 Instructions for, secretary of state furnish 7 225 may be used at all elections 1 220 necessary material for, to be furnished 17 228 nonp used unless approved by board 3 221 vote, ascertained by 1 22o announcingr total 20 229 INDEX. 449 w WAGERS— ^ Sec. Page, on result of combats, etc., between dumb animals. 1 187 WAGON ROADS- Alhie-Dumont— appropriation for construction of 1 110 auditor draw warrants upon certificates 3 111 bids and contract 2 HI board of construction 2 111 duties of 2 111 examination after completion 2 HI route 1 110 Bent county- appropriation for Improvements and repairs.... 1 112 auditor draw warrants ^ 5 113 board of control 2 112 contractor's bond 3 112 public highway 4 113 specifications and contract 3 112 Boulder and Grand counties — appropriation for construction of 1 113 auditor draw warrants 5 114 board, advertises for bids and lets contract 2 114 certify amounts expended to auditor 5 114 determines route 2, 3 114 have survey made , 2 114 of construction 2 114 contractor give bond 2 114 disposition of unexpended balance., 7 115 no money to meet appropriation 6 115 repair of road after construction 4 114 route 1 113 treasurer pay auditor's warrants with state warrants 6 115 Colorado Springs-Cameron— appropriation for repairing 1 115 auditor draw warrants 6 117 bids, contract and contractor's bond 3 116 board of construction, composed of 2 116 cause survey to be made 3 116 officers of 2 116 select route 3 116 deficiency of funds 7 117 monthly estimates made by state engineer 4 116 public highway 5 116 state engineer draw vouchers 4,6 116,117 Denver-Grand Junction- appropriation for improvements and repairs, third branch 1 118 auditor draw warrants 3 119 deficiency of fund 2 119 450 INDEX. WAGON ROADS-Continued. Sec. Page. Denver-arand Junction— continued. public highway 3 119 supervision of work 3 119 state treasurer pay with state warrants 2 . 119 warrants received at par 2 119 route 1 118 Denver to Orand Junction- appropriation for improvements 1 120 auditor draw warrants 3 121 board of construction 3 12a. supervise work 3 121 deficiency of funds 2 121 public highway 3 121 route 1 120 treasurer pay with state warrants 2 , 121 Douglas county— ^ appropriation for construction of 1 122 auditor draw warrants 6 123 bids and contract 3 123 board of construction / 2 122 duties of board 3 123 contractor's bond 3 123 inspector of construction 4 123 insufficiency of funds 7 123 public highway 5 123 repairs and improvements 1 122 route 1 122 state engineer draw vouchers 6 123 Eagle, county- appropriation for construction of 1 124 auditor draw warrant 6 125 bids, contract and contractor's bond 3 125 board of construction 2 125 Insufficient appropriation 7 125 monthly estimates 4 125 plans and specifications 3 125 public highway .^ 5 125 route .' 1 124 state engineer draw vouchers 4, 6 125 Grand county- appropriation for construction of 1 126, 129 auditor draw warrants 6 128, 131 bids and contract 4 127, 130 board of construction 3 127, 130 has charge of work 3 127, 130 contractor give bond...; 5 128, 131 deficiency of funds 4 128, 131 monthly payments 6 128, 131 public highway 7 129,131 route 1 127,130 state engineer approve and draw vouchers 6 128, 131 INDEX. 451 WAGON ROADS— Continued. Sec. Pagre. Hinsdale county- appropriation for construction of 1 132 auditor draw warrants 4 133 board of construction composed of 3 133 officers of board 3 133 repairs after completion 5 133 route 1 132 present survey used 2 133 state engrineer selects 2 133 La Junta-Rocky Ford- appropriation for construction of 1 134 auditor draw warrants 5 135 board of construction 3 135 officers of 3 135 view route 4 135 contractor's bond 4 135 deficiency of funds 2 134 estimates, bids and contract 4 135 public highway — 6 135 repairs after completion 6 135 route 1 134 may use present county road 1 134 unexpended balance 7 135 La Plata county— appropriation for construction of 1 136 auditor draw warrants 5 137 bids and contract 3 137 board of construction, composed of 2 136 certify acceptance 5 137 locate route 3 137 deficiency of funds.... 6 137 insufficiency of appropriation 7 137 public highway 4 137 route 1 - 136 Larimer and Boulder counties- appropriation for construction of 1 138 auditor draw warrants 4 139 bids and contract 3 139 board of construction 2 139 officers of board 2 139 Insufficient funds 3 139 public highway 5 140 repair after completion 6 140 route 1 138 survey 3 139 unexpended balance 7 140 Mesa county- appropriation for construction of 1 140 auditor draw warrants 3 141 board of construction..' 2 141 repairs after completion 4 141 route 1 141 survey approved by state engineer 1 141 452 INDEX. WAGON ROADS— Continued. Sec." Page. Montrose county- appropriation for construction of 1 142 auditor draw warrants 4 143 board of construction composed of 3 143 bridge across San Miguel river 1 142 repairs after completion 5 143 ' route 1 142 state engineer selects 2 143 Pitkin county- appropriation for construction of 1 144 auditor draw warrants 6 145 bids and contract 3 145 board of construction 2 144 determines route 3 145 construction not abandoned if deficiency is fur- nished 7 146 contractor give bond 3 145 public highway 5 145 route 1 ' 144 state engineer draw vouchers 4, 6 145 survey and specifications 3 145 Summit county- appropriation for construction of 1 / 146 auditor draw warrants 5 147 1)ids, contract and contractor's bond 4 147 board of construction 3 147 estimates exceed appropriation 4 147 plans and specifications 2 147 route 1 , 146 Teller and Fremont counties- appropriation' for construction of 1 148 auditor draw warrants 6 149 bids and contract. 3 149 board of construction 2 148 officers of 2 149 contractor's bond 3 - 149 deficiency of funds 7 149 monthly estimates 4 149 public highway 5 149 route . 1 148 survey of '. 3 149 state engineer draw vouchers 4, 6 149 state engrineer prepare specifications 3 149 Yuma county- appropriation for construction of 1 151 auditor draw warrants ,... 6 153 board of construction 2 152 advertises for bids and lets contract 3 152 contractor give bond 3 152 public highway 5 152 route 1 152' INDEX. 453 WAGON ROADS— Continued. Sec. Page. Yuma county— continued. state engineer cause monthly estimates to be ' ' made 4 152 state engineer draw vouchers 4, 6 152, 153 survey of route 3 152 WASHINGTON COUNTY— of fifth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools 2 175 WATCHERS AND CHALLENGERS— allowed at elections, when 22 218 may appoint alternate » 22 218 must not intimidate voters 22 218 need not be residents of precinct 22 218 WATER COMMISSIONER— expense of in district 70, how paid 6 244 WATER DISTRICTS— • See irrigation. WATER RIGHTS— construction of act 1 246 no further publication or posting after decree of priorities 1 244 unless by order of court 1 244 notice, how served 1 245 contents of 1 245 WATER USERS* ASSOCIATION— See irrigation. WATER WORKS— bonded indebtedness, how created 3, 6 362, 364 bonds, a lien 8 365 form and registry of 8 365 how sold 8 366 Interest and payment of 8 366 redemption of 10 367 special tax to redeem 10 368 city engineer make estimates of cost of 2 362 compensation to county treasurer 10 368 construction of act 14 369 contracts by board 9 366 district 1 362 district board of water works 7 364 annual report of 12 369 duties of * 9 366 oath and bond of members 7 365 salaries of members 12 369 vacancies in, how filled 7 365 454 INDEX. WATER WORKS— Continued. Sec. notice of assessment 9 petition for public water works 1 contents of 1 right of condemnation for 13 rules concerning use of water 9 sinking: fund 9, 10 special election to be called 3 canvass of returns of 5, 6 electors must be taxpayers 5 how conducted 5 issues in special election 3 notice of : 4 officers of 5 title to, how taken and held 11 vouchers and expenditures 11 water rates 9 to cities 9 water rates and assessments, a lien 9 WELD COUNTY— of third class for regrulation of official salaries 1 of second class, salary superintendent of schools... 2 WELLS— See artesian well. WILLS— probate of— foreign wills admitted to probate 1 record of foreign court 1 certificate of foreign court 1 letters Issue 1 specific performance of contracts of deceased 1 petition praying for 1 on whom served 2 court may order 3 WOLCOTT. SENATOR EDWARD O.— portrait of placed in state capitol building 1 YUMA COUNTY— of fifth class for regulation of official salaries 1 of fifth class, salary superintendent of schools 2 Page. 366 361 362 367 362 363, 364 363 362 367 367 174 175 370 370 370 371 371 371 372 372 90 175 175 10 910	__label__neg	lawspassedatses13cologoog	OL20515066M	OL13121604W	465	1,879
zh	N/A	N/A	南京工业职业技术学院2007年江苏高考招生计划一览表 \| 序号 \| 招生批次 \| \| 专业名称 \| 学制 \| 招生计划 \| 学费(元/年) \| 备注 \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| 专科一批 \| 机械制造与自动化(数控加工工艺与编程) \| \| \| \| 4140 \| \| \| \| 专科一批 \| 数控技术(数控技术应用) \| \| 2 \| \| 4140 \| \| \| \| 专科一批 \| 模具设计与制造(冷冲模、注塑模) \| \| 3 \| \| 4140 \| \| \| 4 \| 专科一批 \| 计算机辅助设计与制造(CAD) \| \| 3 \| \| 4140 \| 选考物理、化学 \| \| \| 专科一批 \| 机电一体化技术 \| \| 3 \| \| 4140 \| 选考物理、化学 \| \| 6 \| 专科一批 \| 数控设备应用与维护 \| \| 3 \| \| 4140 \| 选考物理、化学 \| \| \| 专科一批 \| 汽车制造与装配技术 \| \| 3 \| \| 4140 \| \| \| \| 专科一批 \| 供热通风与空调工程技术 \| \| 3 \| \| 4140 \| \| \| 9 \| 专科一批 \| 楼宇智能化工程技术 \| \| \| \| 4140 \| \| \| 10 \| 专科一批 \| 电气自动化技术 \| \| 3 \| \| 4140 \| 选考物理、化学 \| \| 11 \| 专科一批 \| 计算机控制技术 \| \| 3 \| \| 4140 \| \| \| \| 专科一批 \| 电子信息工程技术 \| \| \| \| 4140 \| \| \| \| 专科一批 \| 应用电子技术 \| \| \| 120 \| 4140 \| 选考物理、化学 \| \| \| 专科一批 \| 通信技术(计算机通信、通信工程) \| \| 3 \| \| 4140 \| \| \| \| 专科一批 \| 计算机网络技术 \| \| 3 \| \| 4140 \| \| \| \| 专科一批 \| 计算机信息管理 \| \| 3 \| \| 4140 \| \| \| \| 专科一批 \| 软件技术 \| \| 3 \| \| 4140 \| \| \| \| 专科一批 \| 动漫设计与制作(网络游戏设计) \| \| \| \| 4140 \| \| \| \| 专科一批 \| 信息安全技术 \| \| \| \| 4140 \| \| \| \| 专科一批 \| 建筑工程管理 \| \| \| \| 4140 \| \| \| \| 专科一批 \| 工程造价 \| \| \| \| 4140 \| \| \| \| 专科一批 \| 房地产经营与估价 \| \| 3 \| \| 4140 \| \| \| \| 专科一批 \| 会计(注册会计师) \| \| \| \| 4140 \| \| \| \| 专科一批 \| 国际贸易实务 \| \| 3 \| \| 4140 \| \| \| 25 \| 专科一批 \| 商务经纪与代理 \| \| 3 \| \| 4140 \| \| \| 26 \| 专科一批 \| 物流管理(第三方物流、企业物流) \| \| \| \| 4140 \| \| \| 27 \| 专科一批 \| 商务英语 \| \| 3 \| \| 4140 \| 只招英语考生 \| \| 28 \| 专科一批 \| 汉语(对外汉语) \| \| 3 \| \| 4140 \| \| \| 29 \| 专科一批 \| 应用韩语 \| \| 3 \| \| 4140 \| \| \| \| 专科一批 \| 商务日语 \| \| 3 \| \| 4140 \| \| \| \| 专科二批 \| 机械制造与自动化 \| \| 3 \| \| 13000 \| 与英国合作办学 \| \| \| 专科二批 \| 电气自动化技术 \| \| 3 \| \| 13000 \| 与英国合作办学 \| \| \| 专科二批 \| 应用电子技术 \| \| 3 \| \| 13000 \| 与英国合作办学 \| \| \| 专科二批 \| 计算机应用技术 \| \| 3 \| \| 13000 \| 与英国合作办学 \| \| \| 专科二批 \| 国际商务 \| \| 3 \| \| 13000 \| 与加拿大合作办学 \| \| \| 专科二批 \| 旅游管理 \| \| 3 \| \| 13000 \| 与加拿大合作办学 \| \| \| 艺术专科 \| 环境艺术设计 \| \| 3 \| \| 6800 \| \| \| \| 艺术专科 \| 动漫设计与制作(动画) \| \| 3 \| \| 6800 \| \| \| \| 艺术专科 \| 产品造型设计 \| \| 3 \| \| 6800 \| \| \| \| 艺术专科 \| 视觉传达艺术设计 \| \| \| \| 6800 \| \| \| 41 \| 艺术专科 \| 电脑艺术设计 \| \| 3 \| \| 6800 \| \| \| \| 艺术专科 \| 广告设计与制作 \| \| 3 \| \| 6800 \| \| \| \| 艺术专科 \| 影视动画(影视动画制作) \| \| 3 \| \| 19700 \| 与加拿大合作办学 \| \| \| 艺术专科 \| 影视动画(现代影视美术) \| \| 3 \| \| 19700 \| 与加拿大合作办学 \| \| \| \| 合计 \| \| \| 3153 \| \| \| 0m0ml	__label__neg	null	null	null	null	null
en	hf cc0-1.0	https://huggingface.co/datasets/storytracer/US-PD-Books	Superstition and force author: Lea, Henry Charles, 1825-1909. [from old catalog] This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world's books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the publisher to a library and finally to you. 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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at \|http : //books . google . com/ w ijlll' % ^ l\|J\|\|\|!ll\|i\|MI!ll'\|i\|f«'PIPr^f?WW^W1 IVEf] RI C HARVARD COLLEGE LIBRARY suPERsrrriON k^^ AMD FORCE. ESSAYS ON THE WAGER OF LAW-THE WAGER OF BATTLE- THE ORDEAL-TORTURE. BY HENRY G. LEA. vtaa te lMl H iw pamw, %y mi esMi mi4 Mrapatow ilHttsM ami ■ ^ ■ w iatlwi , wrt af •r kMta IIMI MMtn Ml ■Iwyt Mi4 UM in, 4 mt« mi4 U MIM M MtW fc rt frWB tk« M^i«riiMii** PHILADELPHIA: HENRY C. LEA. 1866. »,t r — ^ BnUrtd aoeordlng to tii« A«i of OongreM, In iho jta 1866, by HBNRT 0. LBA, la iho Ofieo of iho Olork of Um Diiirlei Ooari of ibo Unltod Btatet in and for Iho BaaUni DIttriei of tho 8UU of PenniylTMiU. PBILADILFRIA i ooLLiirs, pimii, TM jATiri STBirr PREFACE, Tns aim of the following essays is simply to group together, facts so that, with a slender thread of com- mentary, they may present certain phases of human society and progress which are not without interest for the student of history and of man. The authorities for all statements have been scrupulously cited, and it will be seen that, for the most part, they are drawn from the original sources. The conclusions the reader can verify for himself. In a more condensed form, the first three essays have already appeared in the "North American Re- view." PHtLADSLPUtAy JqIj, 1866. I. .THE WAGER OF J.AW. Apart from the exact sciences, there is no subject which more fully repays the student than the history of juris- prudence. To the reflecting mind few popular quotations ore so essentially false, or reveal so narrow a view of life AS the often cited lines — "How small, of all thai human hearts endare, Thai part whioh kings or laws oail cause or cure I" Since the origin of society, each unit of our race has struggled on in his allotted path, through joys and griefs, fashioned, for the most p^, by the invisible network of habits, customs, and statutes, which surround him on every side, and silently shai)e his daily actions. Thus the history of jurisprudence becomes the history of the life of man, and the society of distant ages is more distinctly presented to us in the crabbed sentences of codes than in the flowing rhetoric of the historian. Slender as may be the respect with which we of to-day sometimes regard rotatory assem- blymen and partisan judges, still are they none the less noteworthy iiersonages. The parts are more important than the actors, and centuries hence it wUl be to our statute books and rci)orts that the curious student will resort to find out what manner of men were the restless and ener- getic race which found self-government a harder task than the founding of a gigantic empire. The law-giver and the law-disixsnscr are the custodians of all that we hold dear on earth. Save the minister of Ood, what human being con have interests so vital confided 2 14 Till W Au&X 1 L-k V. to bim, or CflJi e:Len:L:i«i so mcmenc^jtufr ux liidiienee jv^r IlL* feUow-meAf CjrxL* and ALexaaiier. T.onir.jae oatt li^&ik- gUia Khan baTi> p;i;k$«Hl aw dv- ; ^Iicl^ i.imtia xL<:iie r^nua:lu m* i tho world is as thou^li tlioy iiiui :icT\!r jct^iu T.ia£ law^ cT GonAiciuB and Manu<^ of Mj^coicc xzdI Jj2tf;..i.;in sc^ LiTe, and will away ttM»d%^CLni«:s of ruices Li ilie I'lcure a:ft t^ejr have in the almost illunitaLU pd:»c> Wjen. Arj^pat AJk%l Bodogaat, Salogast and Windjuri^ a^siseiiilLcd to drxft into ahapo the rude customs of a roTin^r axui rnnlaionr trilo., the J little thought that the S;Lliqu«^ 1:1 v wliicii lA^ttj jLunJi^ would leave its impnsss for centuries on sm.cas to wUx-ik their yery names would be unknown. C^dcs tlius eiilowe«i with Titality must necessarily redctrt the iLilxire ajui the usages of the races for which thej were ccoii ^oL The man and his law exercise a mutujl re^ctico, and in the one we see an image of the other. The stenu rvtsclate brevity of the law of the Twelre Tables furnishes the bes4 corrective commentary on the easy credulity of Livy ; in the code of Moses, the llebrevr character and polity are portrayed in the strongest light and sbade ; and. in g%>nenii, the historian, who wishes to obtain or to convoy a iknuite impression of a nation or a perioil, must have revvunse to the laws which regulated the daily life of the pev>pK% and which epitomize their actions and modes of thought. It may be therefore not uninteresting to trace^ through the dim light of antiquity, some rude outlines of customs which were the precursors of European civilization. In the German forests, Tacitus depicts an aggn^tion of tribes living princiimlly on the 8\|M>ils of war or of the chase, aided by the imperfect agriculture of their slaves. Personal independence is carried to its extreme. The authority of the ruler, except when commanding a military expedition, is almost nominal and scarcely extends beyond his immediate attendants, companions, or leudet. Each petty chief is imder the control of the assembly of his sept. THS ANOISKT QERMANB. 15 to which all the freemen gather In arms and decide with- out appeal on all common interests. Dearest among their priTileges is the right of private vengeance. The freeman who sustains an injury, and who disdains to summon his enemy licforc the malluniy or Judicial assembly of the tribe, may call together his family and friends and exact what satisfaction he can with sword and axe. The interminable warfare of hostile families is, however, in most cases averted by the principle of com\|)cusation for injuries, and every crime is rated at its appropriate price, or wehrgild^ payable to the injured part}'. As the relatives are bound to aid in a quarrel settled by the strong hand, so are they entitled to share in the compensation, if peaceful measures are adopted.^ On the other hand, when a criminaPs poverty renders him unable to pay the fine, his kindred are held re8i)onsible for it, as they are also forced to defend him in the feud.* In its relations to the community, each family ' Tbifi ffytiem of pHrato warriire u nn Rltorniitire for refnial of rodreti If expTMtiTel.T eondeimed in nn Anglo-SAXon prorerb qnoied •pproTingly In tbo Uwf of Rdward ibe Confruor, m ooUeeied by WilUam the Conqneror. — "Biogo »poro of lide o2(er bare— qnod est dioere, Unceam erne do latere aai fer eatn.'— LI. Bdwardi o. xil. (Tborpei Aneleni Laws. I. 487.) * In Iceland and Norway, It waa not nntil abont 1270 that King Ilaoo, In bin nmineceitiifnl effort at leginlaiion, decreed that tbe blood-money for murder ■bonld no longer be dirlded among the family of tbe Tietim, bnt shoald be all paid to tbe belr. — Jamnida, Mannbelge, eap. xzlx. PreTlonsly to thif, wben tbe next of kin were femelee, and tbnf ineompetent to proteonte on a ebarge of mnrder, the penon who undertook that olllee waa entitled to one« third of the flne.^OrAgAs, Beet. VIII. eap. \r. Bceletiactieal tiet dltfoWed those of the flunlly. Thns, among the Welsh of the tenth eenlnry, the laws of Iloel Dha specify that tbe clergy shall not be eonnted among the relatires, either as payers or payeee in easee of mnr- der.-^U. Ecelee. Iloeli Dha, cap. Tiii. * Tbe most ancient barbarian code that has reached as — that of the Feinl, or ancient Irish, in a fanciful qaadrlpnrtite enumeration of the principles in foree in levying fines, thas allades to the responsibility of kindred : " And beoaase there are four things for which It is leried : ein' (ones own crime), and * tobhaeb* (the crime of a near kinsman) , * saigbi* (the crime of a middle fcioemsn), and tbe crime of a kinsman In general.'* — Senchos Mor, I. 259. (lUaeoek's edition, Doblin, 18«5.) H TUB VfAQZM, or LAW. 10 tUos a unit for u^gretmon or defeocc, and is respaasilile for the cLaracUsr aud acUons of eacL of its mcmliera. Tkis pucuUarit/ of ibe Teutouic tribes is iiii\|iortaut, as it ex- piaiAS jaudi that is otlierwise singular in their subseqacnt kgislation, leaving its traces late in the Ibudal and custcMii- ar/law. The oldest known text of the Salique law is but little if at all posterior to the conversion of Clovis to Christiaiuty. Four hundred yesrs have therefore intervened between the vigorous sketches of Tacitus and the less picturesque but more detailed view afforded by the code. The changes produced by the interval are wonderfully smalL A some- what more complex state of society has arisen ; government has aasumed some power and stability, under the iron energy and resistless craft; of Clovis ; fixed property and possessions have acquired imi>ortanoe ; fields and orcJiards, gardens and bee-hives^ mills aud boats apjicar as objects of value alongside of the herds and weapons which were their only wealth when the Iloman historian condescended to describe his barbarous neighbors. Yet the same funda- mental principles are at work, and the relations of the in- dividual to his feilows remain unchanged. The right of private war&re still exists. The state is still an aggregate Th0 0Ml «OBpl«U MTMSMitoi thM I hftT* iB«t wiUi for oarrying ooi tbif priB«i\|U omun in ib« U'vliMidte l«gl»l«lioii of Uio iweUUi eeniary, whoro Uio Sbos provMod dlulobb frodaoUx, m (kr m tiie rolatiooi in Uio iftb 4osroo OB both dA—, omIi grodo of Um erininftl'i l»mllf pajiog iU rate U ibo oorrMpoBdisg grodo of Uio MSoror's kiodrod.— OHigU, 8«oL IV. ••p. oxiv. In Donmnrk, Brio VII., In 1269, roliorod tiie kindred of n marderer from being oonipeilod io Anro Uie ine, nlihongb Um reUtiTes of Uie TioUm oon- iinoed to dirldo Ibe wekrgild.—Oonaiai. Brie. nnn. 1269, ^ Tii. (Ludewig, nellq. MSS. T. XIL p. 264.) Bnt, even m laU ae Ibe fonrUenih oeniury, Ibe fUlotef of liie oil/ of LUIe gave Ibe naleCMlor a rigbl Io eolleol from bia relalivee a porllonof Ibe wehrgild wbieb be bad ioonrred ; and elaborate labiet were drawn up, abowing tbe amonnl pajable by eaob relation in pro- portion Io bie grade of klnihip, eren to Ibird ooofina. — ^Boliin, Francbiiea 40. do la tUIo do Lille, pp. 166-7. VARIETIES OF BVIDENOB. If of families, rnllying together for the field and for the court, and ready to sustain any of their members by force of arms, or by the procedures of Justice. The forms of these pro- cedures are revealed to us, and we learn what efforts were made to soften the native ferocity of the Frank, and the modes b} which he is tempted to forego the privilege of revenge. Every offence against persons or property is rated at its appropriate price, and a complete tariff of crime is drawn up, from the theft of a sucking-pig to the armed occu- pation oO^n estate, and from a wound of the little finger to the most atrocious of parricides ; nor can the offender refuse to api)car when duly summoned before the mallum^ or claim the right of armed defence if the injured party has recourse to ixtaocablo proceedings. llut, between the commission of an offence and its proof in a court of Justice, there lies a wide field for the exercise or \|)ervcrsion of human ingenuity. The subject of evidence is one which has taxed man'atpowers of reasoning to the utmost, and the subtle distinctions of the Roman law, with its probaiiOj pretsumptio juris^ preesumptio juris tantum^ tlie endless refinement of the glossators, rating evidence in its different grades, as probcUio optima^ evidentisisima^ aper- tisgima^ legitima^ Bufficiens, indubilcUaj dilucida^ liquida^ evidens^perspicua^ and semtplena, and the complicated rules which liewilder the student of the common law, all alike show the importance of the subject, and its supreme diffi- culty. The semi-barbarous Frank, impatient of such ex- l^onditure of logic, arrived at results by a shorter and more direct process. Some writers have assumed that the unsupported oath of the accused was originally sufficient to clear' him of a charge, and they present an attractive fancy sketch of the heroic age, when a lie is cowardice, and the fierce warrior disdains to shrink from the consequences of his act. All this is pure invention, for which proof may be vainly sought In any of the unadulterated " Leges Barbarorum." It was 2* 18 THE WAQER OF LAW. not, indeed, until long after they had declined from the rude yirtuc of their native forests, that an un8upiK>rted oath was receivable as evidence, and its introduction may be traced to the influence of the Roman law, in which its importance was overwhelming.* The Wisigoths, who adopted the Roman jurisprudence as their own, were the only race of barbarians who permitted the accused, in the absence of definite testimony, to escape on his single oath,* and this exception only tends to prove the rule. So great was the abhorrence of the other races for practices of this kind, that at the council of Valence, in 855, the Wisigotliic custom was denounced in the strongest terms as an incen- tive to i)erjury." It was not until long ailer the primitive customs of the wild tribes had become essentially modified by contact with the remains of Roman civilization, that such procedures were regarded as admissible ; and, indeed, it required the revival of the study of the civil law in the twelfth century to give the ^iractice a position entitled to respect.^ ' The oath may b« regarded as the foandation of Roman legal proeednre. "Daio Jarejarafido non aUud qunriUr, quam an Jaratuui sii; remisaa quBMiione an debeaiar ; qaaii latU probatum sii Jorejurando." L. 6, f 2, D. XII. li. tYk9 juijurandum uteestarium eoald alwaye be adminutered by the Jndge in oaiee of defieieni evidence, and the Jufjuratuium injurs prof- fered by the plaintiff to the defendant wai conclusive : '* MaiilfestiD turpitu- dinia et confetsionis est nolle nee jurare neo Juijurandam referre.' Ibid. 1.88. LI. Wisigoih. Lib. II. Tit. 11. e. 8. * Ooncll. Valent. ann. 856, c. zl. Impia et Deo Inimlca ot Chrbtiano rellgloni nlmia contraria, lex iniqaissima. * Thtti Alfonso the Wise endeavored to introduce into Spain the mutual challenging of the parlies involved in the Roman jutjurandnm iu Jure, by hit Jura dsjuidc, (Las Biete Partidas, P. iii. Tit. xl. 1. 8.) Oddly enough, ihe same procedure is found Incorporated in the municipal law of Rheims in ihe fourteenth century, probably introduced by some over-tealous civilian ; <8i alicul deferatur Ju^urandum, necesse babe t Jurare vel referre Ju^u- randum, et hoc super qnovis debito, vel inter qnasvls personas." — Lib. Pract. de Oonsnetud. Remens, f 16 (Archives Ugislai. de Reims, P. I. p. 37). By this time, however, the oaths of parties had assumed great importance. 0LA88 PBIVILX0X8. 19 It is true that occasionally, in the early legislation of the barbarians, an instance occurs in which certain privileges in this respect are accorded to some classes in the commu- nity, but these are special immunities bestowed on rank, and are therefore also exceptions, which go to prove the universality of the rule. Thus in one of the most primitive In tiie legiiUtioB of St LouIp, tbey oeonpj » poiiiion whieh wm a dirooi ioMiitlr to porjorj. Thoi he providoi for the hanging of the owner of a besft whieh had hilled a man, if he wee foolish enoagh not to iwear that he wai ignorant of its being Tioione. 'Bt li it eetoit li fox qne U delet qne U pentt la teohe de la beite, U en iorolt pendae poor la reooignoiManee."^ itablifliemente, LIt. i. ehap. eul. In eerialn loeal eodei, the purgatorial power of the oath was earried to the most absurd eitent. Thus, In the thirteenth eentnry, the munlelpal law of the Saxons enabled ibe aeouired In certain oases to clear himself, however notorious the facts of the ease, and no eridence was admitted to disprove his position. " SI quis aliqnid agit extra Jndioiuro, et hoe maxlmo est notorinm, Id negare possit, prmsilto Jnramento, neo admittantnr testes contra eum ; hoc Juris est." (Jnr. ProTln. Saxon. Lib. i. Art. 16, 18.) Thb irrational abase was long In vogue, and was denounced by the Council of Basel In tho ifteenth century. (Schilter. Thesaur. II. Ml.) It only prevailed in tho North of Oerroany ; the Jus Provin. Alaman. (cap. ccclxxxl. 4 ')# which regulated Southern Qermany, alludes to it as one of the distinguishing fea- tures of the Saxon code. Bo, also, at the same period a special privilege was claimed by the inhabi- tants of Franconia, In virtue of which a murderer was allowed to rebut with his single oath all testimony as to his guilt, unless he chanced to be caught with the red hand. * FranconisB elves hoc Juris habent, quod si aliquem oeeidunt, nisi In Ipso facto deprehendantur, purgare se poesunt Juraraento, si asserere volunt per lllnd se esse innoeentee.'— Jur. Provin. Alaman. cap. evi. 4 7. A charter granted to the commune of Lorris, In 1156, by Lonls-le-Jenne, gives to the burghers the privilege of rebutting by oath, without conjurators, an accusation unsupported by testimony. — * Bt si allquis hominum de Lor- riaeo accusatus de aliquo fuerlt, et teste comprobari non poterit, contra pro- bationem impetentls, per solam manum suam se dlseulpablt. — Chart. Lndovic. Junior, ann. 1166, cap. xxxil. (Isambert, Anciennes Lois Fran- caises I. 167.) And, In comparatively modem times. In Germany, the same rule was followed. Jnramento rei, quod purgationis vocatur, snpe etiam Innocentia, utpote qnsD in aaima eonstitit, probatur et indicia dlluuntur;' and this oath was administered when the evidence was Insuftclent to Justify torture. (Zangeri Tract, de Qnsratlonlbns cap. III. Ko. 46.) In 1603, Sanger wrote an elaborate essay to prove the evils of the custom. 20 TUE wAOfia or law. of the Anglo-Saxon coclcs, which dates from the soveuth century, the king and the bishop are permitted to iebut an accusation with their simple asseveration, and the thane and the mass-priest with a simple oath, while the great body both of clerks and laymen are forced to clear them- selves by undergoing the rcgulai' form of canonical com- purgation which will be hereafter described.^ These in- stances of class privileges are too numerous throughout the whole period of the dark ages to afford any basis for general deductions.* So fkr, indeed, were the barbarians from confiding in the integrity of their fellows that, as they emerge into the liglit of history, their earliest records show how eagerly they endeavored to obtain some additional guai'aiitee for the oaths of litigants. What these guarantees were during the prevalence of paganism we can only guess. After their conversion to Christianity, as soon as written documents afford us the means of tracing their customs, we find many expedients adopted. As the practice of invoking objects of affection or veneration in witness of an oath has been common to mankind in all ages,* so the fonns of religion > Lftwi of Wibtmd, eap. 10-21. Comp. LI. nenrlol I. Tit. IzW. \ 8. * Thai by the law of louthern Qarmany io tb« thirteenth oentary, the untupported oath of the eleimafit wat saffioient if he wai a perionage of lub- ftanoe and repate, while if otherwise, be was obliged to provide two oonju- raton. (Jar. Provin. Alaman. oap. oczUv. ff 7, 8.) So in Spain, until the middle of the fonrteenth eentary, the iljodalgo or noble oould rebat a olaim in civil eaaee by taking three lolemn oaths. In which he Invoked the ven- geance of Qod in this world and the next. — " Nuesiro Seiior Dlos, a quien lo jurades, vos lo demande en estro mando al cuerpo, e en il otro al aniino." (Fnero Viejo, Lib. iii. Tit. ii.) * Thns, in the Roman law, oaths were frequently taken on the bead of the litigant, or on those of bis children. (LI. 3, 4, D. xii. 11.) The code of Mann, w6loh regards oaths as a satlsikotory mode of proof, endeavors to secure their veracity by selecting for invocation those objects most likely to Impress the different castes into which society was divided. *And in eases where there is no testimony, and the Judge cannot decide npon which side lies the truth, he can determine It folly by administering the oatb. MULTIPLE OATHS. 21 were speedily called in to lend sanctity to the imprecation, by ingenious devices which were thought to give additional solemnity to the awful ceremony. In the middle of the sixth century, Pope Pelagius I. did not disdain to absolve himself from the charge of having been concerned in the troul>les wliich drove his predecessor Y igilius into exile, by taking a dtsculpatory oath in the pulpit, holding over his head a crucifix and the Gospels. About the same period, when the holy Gregory of Tours was accused of reproachful words truly sjioken of the infamous Fredegonda, a council of bislioi^s decided that he should clear himself of the charge by oaths on three altars, after celebrating mass on each, whicli he duly performed, doubtless more to his corporeal than his spiritual benefit.* This plan of reduplicating oaths on difTerent altars was an established practice among the Anglo-Saxons, who, in certain cases, allowed the plaintiff to substantiate his assertion by swearing in four churches, while the defendant could rebut tlie charge by taking an oath of negation in twelve.* Seven altars are similarly specified in the Welsh laws of Iloel Dha.* " Oftllif wer« tworn by the mycii great Riohii, and by the godf, to make doabifal tbtngi manifeft, and »Ten Yaiiohiha iware an oath before the king RoadftmA, son ofPiyavana, when Yiflwkniltra aeonsed him of eating a hundred children. 'Let not the wife man take an oath In Tain, eren for thingi of little weight ; for he who takee an oath In Tain ii loet in thii world and the next. • Let the Jadge iwear the Brahmin by hia truth; the Kehatriya by hie horsee, hif elephanta, or hli armi ; the Yalaya by hit eowt, hii eom, and hit gold ; the SoAdra by all orimee."— Book rii. t. 109-118. (After Belong- ohampe* traneletion.) A onrlottf ezeeptlon to thle general principle li fenad In the legielation of the ancient Bgyptlaas, where the lawi of Booehoric receiTod as conelaplre the simple oath of a debtor denying his indebtedness, In cases where there were no writings. — Biod. Blc. L. t. cap. Izzix. ■ Anastas. Biblloth. No. lxii. * Oregor. Tnron. Hist Lib. t. eap. zlix. Gregory complains that thb was contrary to the canons, of which more hereafter. * Booms of Alfred, cap. ZZ. * T4. lloeli Bha cap. 26. According to the F/tdtt, as late m the thirteenth century, a cnstom was cnrrcnt among merchantu, of proring the peyment of 22 TDK WAQKK OF LAW. The intense reneration with which relics were regarded, howerer, caiued them to be generallj adopted as the most efliecthre means of adding secnritj to oaths, and so little respect was felt for the simple oath that ere long the ad- Jnnets ciune to be looked upon as the essential fcatnre, and the imprecation itself to be divested of binding force with- out them. Thus, in 680, when Ebroin, mayor of the palace of Burgundj, had defeated Martin, Duke of Austrasia, and desired to entice him from the stronghold of Laon, in whidi he had taken refuge, two bishops were sent to him bearing the rojal reliquaries, on which thej swore that his life should be safe. Ebroin, however, had astutely removed the holy I'emains from their cases in advance, and when he thus got his enemy in his power, he held it but a venial indiscretion to expose Martin to a shameful death.* How thoroughly this was in accordance with the ideas of the age is shown by the incorporation, in the canons of the church, of the doctrine that an oath was to be estimated by its externals and not by itself. ContcmiK>rary with Ebroin was Tlioodore, Archbishop of Ctuiterbury, whoso Penitential is the oldest that has reached us, and tliis vciic- rablo code of morality assumes that a iMsrjiiry committed on a consecrated cross requires, for absolution, three times the penance necessary in cases where the oath had been taken on an unconsecratcd one, while, if tlie ministration of a priest had not been employed, the oath was void, and no penalty wa« inflicted for its violation." Two centuries later, ccclc- s debt bj twearing In nine oharehM. (Tborpa, Aneieni Lftwi» I. 82.) Tbe llotl«m Jorltprndono* bai a tomewbat lioiUar provision for aeooaatorial oalhf In iba latam^, by whiob a mnrderer can be ooDTioted, in tbe abaenoe of taaUaonj or oonfasiion, by fifty oatbs iworn by ralaiives of iba victim. Of tbcM tbara mnit be at laaat two, and tbe fifty oatbs arc divided between tbem In proportion to tbeir respective legal sbares in tbe Die, or blood- money for tbe nnrder. — (Dn Boys, Droit Oriminel des Penples Modernes, L 209.) ' Fredegaril Obron. cap. zovii. * Qni pijerat in manu episcopi ant In omoe eonsecrata III. apnos poeni- teat* 8i Tcro In oraoe non eonsecrata, annum nnum pooniteat; si autem ADJUNCTS ESSENTIAL TO THE OATH. 23 siastical authority was even found to admit that a powerful motive might extenuate the sin of i)erjury. If committed voluntarily, seven years of penitence were enjoined for its absolution; if involuntarily, sixteen months, while if to preserve life or limb, the offence could be washed out with four months.* When such doctrines were received and acted ui)on, we can hardly wonder at the ingenious device which the sensitive charity of King Robert the Pious imi' tated from the duplicity of Ebroin, to save the souls of his friends. He provided two reliquaries on which to re- ceive tlieir oaths — one for his magnates, splendidly fabri- cated of crystal and gold, but entirely empty, the other for the common herd, plainer and enshrining a bird's egg. Knowing in advance tliat his lieges would be forsworn, he thus piously sought to save them from sin in spite of themselves, and 'his monkish paucg3Tist is delighted in recounting this holy deceit.* in roMB bomlnia laid JnraTerli, nibU eii.— Tbeodori Caniiiar. Pcenlt oap. xiiT. \ r * lUglno. de Beelet. Biseip. Lib. i. cap. eee. Noiwiibsianding ibe •boeking laxity of ibei« docirinef, it ia not to be lapposed tbat ibe tme ibeory of Ibe oath wae altogeiber lost. St. laidor of SeriUe, who was bvt little anterior to Theodore of Canterbary, well expresseiit: *Qaaeanqne arte Terbomin qalFque Jaret, Dens tanen, qni eonseienilsB testis est, ita hoe aeeipit, sieai ille qui Jaratar intelligit," and this, being adopted in sneeessive •olleetions of eanons, coexisted with the abore as a maxim of eeclesiastleal law (Itob. Becret. P. xii. c. 30.— Gratlan. «avs. zxU. q. 3 ean. 18.) Ilelgaldi Vit. Roberti Ileg{8.--The profit wbieh the eharch derlred from the administering of oaths on relies affords an easj explsnation of her teaeb- ings, and of the extension of snch praetiees as those alluded to in the text. These superstitions and their resvltant adrantnges are well illustrated by ibe example of the holy taper of Cardigan, in Wales. A miraeulons image of the Virgin was east ashore, bearing ibis taper burning In her band. A ehnreb was built for it, and the taper 'eontynued siyll burnynge the spaee of nyne yeres, without wastynge, nntlll the tyrae thai one forsware himselfe thereon, so then it exiinoted, and never burned after.' At the suppression of the house under Denry VIII., the prior, Thomas Here, iesil* Sed : ** Item, that stnoe the cessynge of burnynge of the sayd taper, it waa enelosed and taken for a greate relyque, and so worshipped and kyssed of pjlgremet, and wed of men to sweare by in diffloill and barde matters, 24 TlIK WAQKR or LAW. It may readily bo beliovcd that tlio wild barlmrtan, who waa clamoring for tlio roatoration of stolen cattle, or the angry relatives, eager to share the wehrgild of some mur- dered kinsman, would scarcely submit to be balked of their rights at the cost of simple perjury on the part of the criminal. While their Christianity was yet new, they would not attach much value to the additional security afforded by religious ceremonies or superstitious observances, and, as wo have seen, before they became old in the fiiith, craft and trickery defiled the most sacred solemnities. It was there- ibre natural that they should still have recourse to an an- cestral custom, which had arisen fVom the structure of their society, and which derived its guarantee from the solidarity of families alluded to above. This was the remarkable custom which was subsequently known as canonical com- purgation, and which long remained a part of English Jurisprudence, under the name of the Wager of Law. The doA^ndant, when denying the allegation under oath, appeared surrounded by a number of comi>anious— ;;ura/ares, conju- ra/i»iv^ saci^meniaiesy coliaudanieSy computyatoresy as they were variously termeil — ^who swore, not to their know- lo^lge of the ftict^i, but as sliarers and )mriakoni in the oatli of denial. This curious f^>nn of procixluro derives imiK>rtance from the &ct that it is an expros^ion of the character, not of an i$i4alod se\|^> but of u^^arly all the races that have moulded the d^Uui«« of Kuro(K\ The Ostrogoths in Italy, and the Wisi^ths of the South of Framv and Sixiiu wore the only nations in whose codea it ocvu^ues no place, and they« as has already Ummi r^markeil, at an early i^eriotl yioivUnl them^^clvvti completely to the iuduonce of the «WM«r IW ftitY«IWtl^* •4lll«Htal«4 Ii» ff tl fct t KM M — <lf B4m«J M tjMM i»f Ck^rMjr.'* v^l>9^MB^«Mft Oil" M«MMa»n«i fw l:>ik Ctibii fcw Sim. ^db.) ANTIQUITY or COMPURGATION. 25 Romim oivilization. On tho other hand, the Salians, the Kipiiariane, the Alamanni, the Baioarinns, the LombarcUiy the Frisians, the Saxons, the Angli and Werini, the Anglo- Saxons, and the Welsh, races springing from origins widclj diverse, all gave to this form of purgation a promi- nent i>osition in tlicir jurisprudence, and it may bo said to have reigned from Southern Italy to Scotland. That the custom was anterior to the settlement of the barharians in the Roman provinces is susceptible of rea- sonable proof. The earliest text of the Saliqne law pre- sents us with the usages of the Franks unaltered by any allusions to Christianity, and it may therefore be presumed to date from a period not later than the conversion of Clovis. In this ])rim(cval code there are directions for the employment of conjurators, which show that the pro- cctluro was a settled and established form at that period.* So in the Frisian law, which, although compiled in the eighth century, still reveals pagan customs and the primi- tive condition of society, the practice of compurgation evidently forms the basts of Judicial proceedings. The other codes have only reached us in revisions subsequent to the conversion of the several tribes, and their authority ' FInri Text of PardemiP, Tit zzxix. 4 3, and Til. xlil. f S (Lol Baliqae, Fark, 184S, pp. SI, 23). It It pomewhat lingiilar that In the inbfoqiieni re- eennioBi of the code the proTUion li omitted in these poMagei. One eannot withont healtation aeenee Monteeqniea of ignorance, and yet it if dlfllenll nnder any other inppofltion to aeeoant for hii aanertion that oanonieal eompargation was nn known to the Saliqne law (Bsprit del Lolx, Lib. xxTiii. chap. 13), an awnniptlon from which he proceeds to draw the most ex- tensWe dednctlons. Although It Is referred to bnt twice In the Ltx Em^n* 4tttm of Charlemagne (Tit. I., It.), still those references are of a nature to show thai it was habitually practised ; while the earlier texts, of which thai of Heroid and the Wolfenbnttel MS. were sccessible to him In the well- known edition of Eckhardt, contain precise directions for its use, designating the eonjnralor nnder the title of Tkahpia, Bren without these, howerer, the Mererlnglaa and Carlovlnglan Capitularies, the Formulary of Marcnifas, and the history of Gregory of Tours should hare preserred him from so groai 3 26 THB WAQER OV LAW. on this point is, tlicrcfoi-c, not so absolute. The nuiver- sality of the practice, however, at a iieriod when intercom- munication was rare, and ancestral habits not easily infringed upon, is a strong corroborative evidence that its origin with all is traceable to prehistoric times.^ The church, with tlie tact which distinguished her deal- ings with her now converts, was not long in adopting a system which was admirably suited for her defence in an age of brute force. As holy orders sundered all other ties, and as the church was regarded as one vast family, eccle- siastics speedily arrogated to themselves and obtained the privilege of having men of their own class as compurgators, and, thus fortified for mutual support, they were enabled to resist the oppressors who invaded their rights on every hand. How completely it became part and parcel of eccle- siastical law is shown by Gregory II. in the early part of the eighth century, when he ordered its employment in cases where husband and wife desired to deny the consummation of marriage.* At last the final seal of approbation was bestowed when Charlemagne, in the year 800, went to llome for the purpose of tryuig Po\|X) Leo III. on a grave charge, ' Among the ADglo-Sazoni, for iniUnee, the oarlieii written oodo U the Doonu of iBtboIblrht (noda Hist. Angl. II. 6), eompiled ihortly after hia oonvenlon by Augnstine in 697. It is soaroely more than a list of fines and pnnlsbmenta, oontatnlng no Instnietions for Jadictal procedures, and there- fore its sUenee on the snbjeet of oompargatlon affords no Indioation on the fttl^eet. The next In point of date, however, the Dooms of UlothhsBre and Badrlo, promulgated about A. D. 680, alludes to conjnrators under the name of awJas (eap. 2, 4, 6, Ao.)i after which they form a prominent feature in Anglo-Saxon jurisprudence. It is somewhat remarkable that the custom should not have been indige- nous among the inhabitants of Iceland, when it was universal among their parent Scandinavian races. Their earliest code, the Qriig&«, which dates from the twelfth century, contains no allusion to it (Schlagel, Comment, ad Grigis p. Ixxxiv.). It was, however. Introduced in the JamHda, a code which Haco of Norway endeavored, with indifferent success, to Impose upon them towards the dose of the thirteenth century. * nterque coram septlma manu proplnquorum, tactis sacrosanctis rellqulis, Jurejnrando dlcat nt nnnquam, etc.^Oan. RequlslstI, cans, xzxiil. q. 1. ADOPTXD DT THB OnUROH. 8) nnd in that atignst presence the PontiflT, whom no witnesses (larctl to accuse, cleared himself of the crimes imputed to him hy solemnly taking the oath of denial in company with twelve priests as compurgators.* Three years aflerwardS\| the Kmiicror decreed that, in all doubtful caseSi priests should defend themselves with three, live, or seven ecclesi- astical compurgators, and ho announced that this de- cision had been reached by the common consent of Pope, patriarchs, bishops, and all the faithful.* It is true that a few months later, on being shown a decretal of Gregory IL* * SginhMi. AbbaI. ann. 800. — The monkiali ebronlolen bare endeaTored lo ooneeal ibe fiiei thai Leo nnderweni the form of trial like a common eriminal, but the evidence ii indnbitable. Charlemagne allndee to It In the Ca\|ill«lam Aqni«\|pimente ann. SOS, in a manner whieb admltc of no dlipnto. * Conraltn domlnl et patris noetri Ijeonia Aportoliei eeterommqne Romanm eeeieeijB epteeopomm et reliqaomm neerdotam iiTO Orientalinm et Ora- oomm patriarehamm et mnltoram canetomm epiacopomm et cacerdotom, neenon et noctrornm epifcoporam omninm eeterommqne laeerdotom ae IcTitamm anetoritate et coneenin, atqne reiiqnomm fldelinm et ennetomm eoMiliariomm noetrornm eonaaltn. — Capit Aqnbigran. ann. 803, cap. vit. ' De prevbytero Tcro toI qnolibot taeerdote a popnio aecnmto, ii eerte noB faerint teitcc, qai crimini illato approbent Teritatem, Jnrejnrando eril ia medio, et tllnm teitem proferat de Innoeentim mm Tcrltate, eni nnda et aperta rant omnia, lieqae maneat in proprio gradn. — BonifiieU Bpiet. tzxwl. The rabjeet of the oathj of prieata was one of conilderable perplexity daring the dark egee. Among the nnmeroni privilegea claimed hj the laeer- dotal body wai exemption from the neeenttj of cwearing, and their eflbrta to tbia end date from an early period. That it wet a diipnted qaectlon ctcb in the time of St. Aagnstine ia shown by hia argning that the reaponaibility properly atlaebea to him who reqairea the oath, not to the oath-taker him- aelf. ■* Hon eat contra Del praDceptnm Jnratio, qnm a male eat non jnraatii aed Inerednlilatii ejna a quo Jnrare eogitnr. . • . Qnantnm ad me pertinet, Jnro, aed qnantnm mlhl ▼Idetar, magna neccMitate eompniana." (Apnd Ivob. Deoret. P. xii. e. S, 8.) In 458, the Bmperor Mareian admitted that coelo- aiaatira were forbidden by the eanona to awear — 'qaia eoeleaiaatleb regnlla, et eanone a beatiaMmia epiacopia antlquitna inatitnto, clericl Jnrare pro- hlbentnr." (Conat. 35 0. t. 8.) The Rale of St. Benedict contained a cianao "Hon Jnrare, no forte peijnret,* on which hIa commentator Smaragdna, in the niath centnry, obaerrea "non eat contra Dei prmeeptnm Jnrare,** bnt ont of abnadaat eaation he adda "necerae eat ergo nt nnnqaam Jnret, qnl per* Jnrare timet.** (Comment, in Reg. 8. Ben. cap. It. 4 37.) Bren CharlemagBo 28 THB waqeh of law. ordering the clergy to rebut all accusations with their single oaths, he modified his previous command, and left In 801 yielded bii Mtent io the role, and forbnde the clergy from Uklng formAl oailu — 'nl nnUoi raeerdot qnioqaam earn Jarameniojuret.' (Capii. ann. 801.) Tbia, howerer, had no permanent effeeft. The bbhopi of Neoitria, who In 868 claimed exemption from taking oatba of allegiance, admitted that judicial oatbi ooald properly be exacted of them. (Cap. Car. Calri Tit. xxvii. 0. 15.) As the line of demarcation between the clergy and the laity grew wider and deeper, the effort waa renewed, and the oath wai regarded as a degradation to thoce engaged in the ■acred ministry of the altar. ** Manns enim per quam Corpus Christi eonflcitnr Juramento polhieUir? Abslt!'* The Bmperor Henry II., whose devotion to the church earned for him the honors of canonisation, endeavored to reconoiie the conflicting demands of piety and common sense by releasing, in 1020, the priesthood from the neces- sity of taking oaths, but allowing them to put forward substitutes, and thus to take the oath by proxy. "Quapropter nos, ntriusque, videlicet divinsB et humansB, legis intentione servata, decernimus ut non episcopus, non abbas, non presbyter, non eqjusconque ordinis elerious, non aliquis monachus vol sanctimonlalis, in qnacunqne controversla, sivi orlminali sive civili, Jn^u- random compellatur qualibet ratione subire, sed suis idoneis advocatis boo offlcium liccat delegare.** — Constit. Ariminens. 8. Henrici. (Migne's Patro- togia, T. 140, p. 232.) Where legislation was so variable and conflicting, It is not easy to ascer- tain positive results ; but in the eleventh century it would seem that before lay Judges ecclesiastics summoned as witnesses could not be forced to the oath, but that when they themselves were parties it could be administered, at the option of their superior, with the proviso that it should be employed only In Important cases. (Cf. Ivon. Panorm. Lib. v. c. 9, 10, 11.) Ivo of Chartres, whose authority as a canonist was undoubted, classes the prohibi- tion among the "prssceptiones mobiles," explaining that a necessary oath is no sin, but that he who can avoid swearing is in less danger of committing perjury than he who takes an oath. <Non quod malum sit in contractibus hnmanis ex necessitate jurare ; sed quod longlus sit a perjurio qui nnnquam jurat, quam ille qui qualicunque ocoaslone jurat.* (Prolog, in Decrotum.) The struggle between the secular and ecclesiastical authorities on this subject is well exemplified in a case which occurred in 1260. The Archbishop of Rhelms sued a burgher of Ohaudardre. When eooh party had to take the oath, the prelate demanded that his should be taken by his attorney. The defendant demurred to this, alleging that the archbishop hnd in person pre- sented the complaint. Appeal was made to the Parlomont of Paris, which decided that the defendant's logic was correct, and that the personal oath of the prelaU was requisiU. (Ollm, I. 706.) In Spain, a bishop appearing in a secular court, either as plaintiff or OSKSBALLT USED BY X00LS8I A8TI08. 29 the matter to the discretion of his prelates ;* but this had no practical result. In 823, Pope Pascal I. was more than BusiKXsted of complicity in the murder of Theodore and Leo, two high dignitaries of the papal court. Desirous to avoid an investigation by the commissioners of Louis-le- IMl>onnaire9 who were sent for that purpose, he hastily purged himself of the crime in anticipation of their arrival, by an oath taken with a number of bishops as his com- purgators;* and it is a strilciiig example of the weight attaching to the system, that although the assumed fault of the victims had been tlicir devotion to the imperial party, and though the Pope had by force of arms prevented any pursuit of the murderers, the Emperor was powerless to exact satisfaction, and there was nothing further to bo done. PoiMS Pascal stood before the world an innocent It is true Umt, in the tenth century, Atto of Yercelli complains bitterly that a perverse generation refused to be satisfied with the single oath of an accused priest, and re- quired him to be surrounded b}' compurgators of his class," which that indignant saccrdotalist regarded as a grievous wrong. As the priestliood, however, failed in obtaining the entire immunity for which tliey strove during those tarl)ulcnt times, the unquestioned advantages which com- purgation afforded rccommendc<l it to them with constantly increasing force. Forbidden at length to employ the duel in settling their diflerences, and endeavoring, in the eleventh and twelfth centuries, to obtain exemption from the ordeal, they finally accepted compurgation as the special mode of d«f«ii4aDl, WM not exenptod from ih« oath, bat htA ibe liDgvlAr pHriUf • •r «ol being eomp6ll«d to toveb tbe Ooplt oo wbteb be iwore. — Sieta P«r- ttdsf, P. ttt. Tit. zl. I. S4. ' Ciipll. d« Pargat. Bayard, tnn. 803. * Kginbatd. AiiBal. ann. 8M. * Ballefiielioneni Igltvr aeearaii taatrdoila tub Jortjaraiido minima dtonnt mWra, nial plnraa aiiaa raaardolaa Mcnm aompallat Jarara.— Alton, da Praa* raria Xaalaabiil. P. i. 8* 80 THB WAQBR OV LAW. trial adapted to incmlKsra of the church, and for a long period we find it recognized as such in all the collections of canons and writings of ecclesiastical jurists.* From this fact it obtained its api)ellatiou of ^^purgatio canonica," or canonical compurgation. As already remarked, tlie origin of tlie custom is to lie traced to the principle of the unity of families. As tlio offender could summon his kindred around him to resist an armed attack of the injured party, so he took them with him to the court, to defend him with their oaths. Accord- ingly, we find that the service was usually performed by the kindred, and in some codes this is even prescribed by law, though not universally.* The practical working of the ' Burohardut, Ito, GratUnai, passim,— Iron, Epift 74. • L. Longobard. Lib. ii. Tit. xxi. S «. Tii. It. f 12.— L. Bargand, TiL TiU.— L. Boolei. Hoeli Dha e. 26. Lawi ofEUielrvd, TiL ix. H 23, 24.— L. H«niioi I. oftp. Ixxi?. f 1. — See alf o the daoreial of Gregory IL alluded to abore. Tbii point alTordi an Ultisiralion of Uie divergent euitomi of the Latin and Teutonic raees. The Roman law exeroiaed great disoriuiinalion in admitting the erldenoe of a relative to either party in an aoiiun (lauli Son tent. Lib. V. Tit. zv.— Li. 4, 6, 0, 0. Dig. xxii. v.). Tlie Wieigoths not only adopted this prinoiple, but oarrifd it io far aa to exoludo the ovidenoe of a kineman In a cause between hie relative and a itranger (L. Wisigoth. Lib. ii. TiL iv. c. 12), which wu adopted into the Carlovingian legislation (Benedict. LeviL Oapitul. Lib. yi. e. 348) under the strong Romanising influence which then prevailed. The rule, once established, retained its place through the vicissi- tudes of the feudal and customary law (Beaumanoir, Ooutumes du Bean- Yoisis, cap. xxxix. f 38.— OouL de BreUgne, TiL viiL arL 161, 162). On the other hand, the Teutonic cuntom Is shown as still influential in the eleventh century, by a law in which the Emperor Henry II. directs the em- ployment of twelve of the nearest relations as oonjurators, in default of three peers of the accused — 'cum tribus paribus se expurget; si autem pares habere non potuerit, cum duodecim propinquioribus parentibus sedefendat" (Peudorum Lib. v. TiL ii.). It was a settled principle in the Danish law to a later period. A code of the thirteenth century directs " Factum autem si negat, oognatorumjurejurando se tueatur'* (I^g* Cimbric. Lib. ii. c. 9) ; and in another of the thirteenth and fourteenth centuries it is even more strongly developed : ' Bi juramento cognatorum, quod dioitur nefl'n i kyn se non de- fenderit, solvat bondoni XL. marcas, et regi tantum' (Gonstit. Woldomarl Regis, 4 ix. also \\ 62, 66, etc.). lie who had no relalives was obliged to NUMDSB OF 00NJUEAT0B8 BXQUIRBD. 81 enstom Is fairly illustrated by a case recounted by Almoin OS occurring under Cliilix;ric I. in tlie latter half of the sixth century. A wife suspected by her husband offered the oath of purgation on the altar of St. Denis with her relatives^ who were persuaded of her innocence ; the hus- band not yet satisfied, accused the compurgators of per- jury, and the fierce passions of both parties becoming ex- citetl, weapons were speedily drawn, and the sanctity of the Tonerable church was profaned with lilood.^ It was manifestly imi>ossible, however, to enforce the rule of kinship in all cases, for the number of compurgators varicil in the different codes, and in all of them a great numlKsr were required when the matter at stake was large, or the crime or criminal im\|>ortant. Thus when Chilperic I. WAS assassinated in 584, doubts were entertained as to the legitimacy of his son Clotair, an infant of four months — doubts which neither the character of Queen Fredcgonda nor the manner of Chilixsric's death had any tendency to lessen; and Gontran, brother of the murdered king, did not hesitate to express his belief that the royal child's paternity was traceable to some one of the minions of the court — a belief doubtless stimulated by the promise it afforded him of another crown. Fredegondo, however, repaired her somewhat questionable reputation and secured the throne to her offspring, by appearing at the altar with three bishops and three hundred nobles, who all swore with her as to the legitimacy of the little prince, and no further doubts were ventured on the delicate subject.* A similar case occurred In Germany in 899, when Queen Uta cleared her- Uke sn onlh to that effeet, and then he wm permiUed to prodaoc tweWo oilier mon of proper oharaeter, hg fnu mtn. (Ibid. \ 86.) A relie of the wm% prineiple if ihown at the Mme period in a prorisioii of the mnnielpol law of Soothern Gennaoy, hj which a child under fonrieen jean of age, when aeeaeed of any erime, eonld ho elcared by Ihe parg atoria] oath of the bllior (Jnr. ProTia. Alanian. cap clxiz. \ I). ' Aimolnl Lib. iii. c S«. * Href. Taron. Lib. Yiit. c. 9. 82 THE WAQSR OF LAW. self on an accusation of infidclitj, bj taking a pnrgatoiial oath with eighty-two nobles.* So in 824, a dispute between Hubert, Bishop of Worcester, and the Abbey of Berkeley, concerning the monastery of Westbury, was settled by the oath of the bishop, supported by those of fifty mass-priests, ten deacons, and a hundred and fitij other ecclesiastics.* These were, perhaps, exceptional cases, but in Wales, where the custom was perpetuated until the fifteenth oen* tury, a form of it was known under the name of ossolA, in which no less than three hundred conjurators were habitu- ally required.* Under these circumstances, it is eyidently impossible that a kindred sufficiently large could have been assembled in the most numerous families, and even when the requirements were more reasonable, the same difficulty must firequently have occurred. Among all tribes, therefore, the aid of those not connected by ties of blood must often have been neces- sary, and as it was a service not without danger, as we shall see hereafter, it is not cosy to understand how the requisite number was obtained. In certain cases, no doubt, the possibility of obtaining those not bound by kiudrcd to undertake the office is traceable to the liability which in some instances rested upon a township for crime com- mitted within its borders.* ' Herman. OonirMt. ann. 899. * Bpelman. Coneil. I. 835. ' On qu« ill Tooiront at exoufer (d« la mori das iielB rebellaa tntj taai) par on atiaih Mlonqoa la cuituuio da Qalai, eoii ^ dira, par la fanuanl dn 000. bominea, ato.— I. Henry V. oap. ri. (Spelman. GIom. f. t. AsmuA), * This has baen daniad bj tboaa who anama ibai iht/ntAAorgt of Bdward iba Confenor ara Uia aarllaii inatanoa of lueh iDsUtutioni, bat traaas of oom- munal Booiatlai ara to ba found in tba aarliait tazt of tha Saliqua law (Firat tazt of Pardanni, Tit. xlt.), and both Childebart and OloUir II., in adioU promnlgatad near tha eloia of tha lizth centarj, hold the hundredi or townebipe raiponaibla for robbariai oommittad within their limiU (DaoraL Childebertiaan. 696, o. 10— Deeret. Oblotariill. o. I). It ia not improbable that, aa tha family was liable for tba miadaede of lie members among all the barbarian raoes, so tha tribe or olan of the offender waa NUMBER OF OONJUBATORB. 88 It would be endless to specify all the Tariations in the nnmbers required by the different codes in all imaginable cases of quarrel between every class of society. A few generalizations may, however, be deduced from among the chaotic and conflicting mass of regulations which are to be found in the laws of the numerous races who adhered to the custom for so many centuries. Many elements entered into this ; the nature of the crime or claim, the station of the par- tics, the rank of the compurgators, and the mode by which they were sc1citcd. Tlius, in the simplest and most ancient form, the Ralique law merely specifics twcnty-ftve compur- gators to be equally chosen by both parties. Some for- mulas of Marculfus specify three freeholders and twelve friends of the accused.* A Merovingian edict of 593 directs the employment of three i)ecrs of the defendant, with three others chosen for the purpose, probably by the court.* Alternative numbers, however, soon make their appearance, depending upon the manner in which they were chosen. Thus among the Alamanni, on a trial for murder, the accused was obliged to secure the support of twenty chosen men, or, if ho brought such as he had selected himself, the num1)er was increased to eighty.^ So in a capitidary of lUbU wb«tt the offtne* wm oommliUd upon m iii«iBb«r of »notiier tribe, and Meh •diets tm those of Childebert and Cloteir were merelj »d«ptotionf of the rale to the existing eondltion of soeietj. The most perfeet early eode that has reaehed ns, that of the aaeient Irish, expresses In detail the responsibility of each sept for the aetiens not only of Its members, bnt of those also who were in any way oonneeted with it. ** And beeanse the fonr nearest trlbea bear the erimes of eaoh hinsman of their stook. • . . And beeanse there are fear who hare an Interest in erery one who snes and is seed : the tribe of the father, the ehlef, the ehnreh, the tribe of the mother or foster-fhther. . . . Rrery tribe is liable after the abscond ing of a member of it, after aotioe, after warning, and after lawfal waiting."— Senehos Mor. 1. 16S-6. ' First text of Pardemns, Tit xlii. f 5. * Inseqnentnr Toro post Ipso tree aloarll et dnodeolm oonlandaates Jvra- Tenint — Marealf. App. xxxU. ; Ibid. xxix. * Past, pro Tenore Paeis oap. t1. * L. Alaman. Tit. IxxrI. Bo in 923 the Conneil of Cobienis dlreeUd that acensatioas of saerilege eonld be rebntted with ' XXIV totis nomiaaUs atqne 84 TnS WAQKR OF LAW. 803 Oharlcmagno prescribes seyen chosen conjurators, or twelve if taken at random/ a rule which is virtually the same as that laid down bj the Emperor H^nry III. in the middle of the eleventh century. Variations likewise occur arising from the natnre of the case and the character of the plaintiff. Tims in the Scottish law of the twelfth century, in a criminal charge, a man could defend himself against his lord with eleven men of good character, but if the king were the accuser, twenty-four were requisite, who were all to be his ])eers,* while in a civil case twelve were sufficient.* So in the burgher laws of David L, ordinary cases between citizens were settled with ten conjurators, but eleven were necessary if the king were a party, or if the matter involved the life, limb, or lands of one of the contestants.* Instances also occur in which the character of the defendant regulated the number required. Among the Welsh, the laws of Hoel Dha provide that a wife accused of infidelity could disprove a first charge with seven women ; if lier conduct provoked a second investiga- tion, she had to procure fourteen; wliile, on a third trial, fifty female conjurators were requisite for her escape.' In •leoUi Tirii ... Mi »Uliiioii nomlnaiix tamen ing«nnli LXXII." (UmU- b«iiii Oonoil. Q«rmui. II. 600.) * OapH. Om. Mag. IV. ann. 803, eap. z. * Ei e»Urb hominibut non plus d«b«nt quam Mpt«m penonafl, nil rero loeiU duodeoim.— Qoldast. Conslii. Imp. I. 231. ' Qaonlan Attaohiaiii«nia oap. zzIt. ii 1\| 4. In anotb«r code of nearly ib« fame period, in simple oasee of iheft, when ihe aeoueer had no tesiimon/ to inbetantiate hie olalm, thirtj oonjuratora wore neceiiary, of whom three moflt be nobles.— Regiam Majeatatem Lib. it. o. 21. * Quoniam Attaohiamenta oap. Izzt. fi li 4. * Leg. Bargornm oap. zziT. f 8. In oaeei ooonrring between a eltiien and a oonntryman, eaoh party had to provide ooi\)aratorf of hie own ola«. — Ibid. 4 1. * Leg. Boelef . Hoeli Dha oap. 14. — It If worthy of remark that one of the few direotionf for legal prooedurea oontalned in the Korun relatee to oasea of thia kind. Chapter zzir. 6-0 direeta that a hoaband aeoaaing hia wife of infldelity, and haring no witneaaea to proye It, ahall aubatantiate hia aaaertion by awearing fiyb imea to the truth of the charge, invoking upon himaelf the SXLXOTION or OONJURATORS. 85 the Anglo-Saxon Jurispnidcncef the frangensjunjurandumj fi8 it was called, grew to be an exceedingl j complex system in the rules by which the number and quality of the conjn- rators were regulated according to the nature of the crime and the rank of the accused. In cases of iieculiar atrocity, such as a violation of the sanctity of the grave, only thanes were esteemed competent to api^earJ In fact, among the Anglo-Saxons, the value of a man's oath was rated accord- ing to his rank, that of a thane, for instance, being equal to those of seven yeomen.* The same peculiarity is ob- servable among the Frisians, whose laws required that compurgators should be of the same class as their principal, and the lower his position in the State, the larger was the number requisite.* Equally various were the modes adopted for the selection of rompurgators. A mong tlie untutored barbarians, doubt- less, the custom was originally universal that the defendant procured the requisite number pf his friends, whose oaths ■Ml«dl«lloB of G«d ; whUe llie wife wm abU to r«bai tti« aceiu«lioB hj tti« ••■• preeMi. Ai this ehaptor, how«T«r, wsi i«?eAl«cl to the Prophot sfUr ho bad wrilhvd for a month onder a ehargo broaght-againrt bis IkTorito wifo Ayoiba, which ho ooald not difrogard and did not with to ontertaiB, tbo law li rathor to bo looliod opon aa ex poa faeio than aa Indieatlng any pocnliar tendonoj of tbo ago or raoo. ' Wealroaf, t. «. raortaan reforo, ott opai nitbingl; li qals hoe nogaro ToHt, Ikoioi boo ona zl?iiL tajnia plono nobUiboi .— Log. iBthelatani, do Or* daUo. * SaeraaontaB Itboralia bominla, qaom qaldom Tooant tw4fl»f» d 9m a n^ dobot ilaro ot raloro jaramoatam Mptom Tillanomni. (Log. Cnotl oap. 1S7.) Tbo ttrtlfkfnieman moant a tbano (Twolfbindoa oft bono plono nobUit I. Tbainw.— Leg. Ilonrlol I. Tit. IxxrL f 4), wbooo prieo wai 1300 tolldi. Bo thoroagblj did tbo itrvotaro of Jorispradeneo dopond vpon tbo ijitora of wobrglld or eompooltion, that tbo Tarioof elanet of toeloty wero namod according to tbo Talao of thoir beads. Thai tbo Tillola or chtrleman wm also oalled iwfkin^MS or twykituUman, his wehrglld being SOO soUdl ; tbo fmiemicki (road-knlgbt, or raoantod follower) was a ttrJundewutn ; and tbo oooiparatiTo jadleial weight of thoir oaths followed a similar seals of ralaa UoB, which was In foreo oron snbsoqvontly to the Conqaost. (Log. Denrlol I. Tlt.lxiv. fS.) « L. FrisloB. Tit. L 36 TUB WAGBE OW LJkW. wete sofficicni lor his dudiArge. Eren to a eMBpaimiirelj UU€ period Uiis preraikd extensiTel j, ^ud its ctUs were forcibly pointed oat bj HiiKTnar in tbe ninth centaij. In lefoaing to admit the purgation of an odemling \|>ricsi with ecclesiastics of his own choice, he states thai evU-mindcd men combined together to defeat justice and secure immo- nitj Ibr their crimes bj sening each other in turn, so thai when the accused insisted on offering his companions to the oath, ii was necessary to make them anilergo the or- deal to proTC their sincerity.* Uis expressions show thai the question of selection ai thai time was undecided in France, and the altematire numbers alluded to above prore thai efforts had been made to remove the difficulty withoui success. Other nations, however, met the ques- tion more decidedly. The original Ijombard law of King Rotharis gave to the plaintiff the privilege of naming a majority of the compurgators, the remainder being dioeen by the defendant,* but even in this the solidarity of the family was recognized, since it was the duty of the plain- tiff to select the nearest relatives of his adversary.* The English law was the first to educe a rational mode of trial from the alisurdity of the barbaric traditions, and there it finally assumed a form which occasionally bears a striking resemblance to trial by jury — in fact, it insensibly runs into this latter, to which it probably gave rise. By the laws of Canute, in some cases, fourteen men were named to the defendant, among whom he was obliged to find eleven will- ing to take the purgntorinl onth with liim.* The selection ' Bl aoUm draoninaUw a nobii tibi presbyUrot •A faoiMB svAm pargmn- iUm hab«re ncquii, et alio* adMoam jarandaoi cooduierii, quoniau azporii fanitti qootdaoi ad invieem eontpirasfe, ei repeiiU matuo in taa purgation* joreni, ale.— Ilinemari Epiai. izxir. Bo alao in hi« Capii. Sjnod. ann. 862, II. XZT. * L. Longobard. Lib. ii. Tit. Ir. f 5. * Ibid. Tit. xzi. 4 9. The plaintiff, howerar, was prohibitod from nomi- AallDg aD7 of tha family who were pertonall j hostile to the defendant. * KomlBCBtar el XIV., et adqoirat XI., et ipee tit dnodecimut.— L. CnuU a. IztL BSLBOTION or 00NJURAT0R8. 87 of these Tirtunl jurors was probablj mndo by the gerefa^ or shertflT;* they could be challenged for suspicion of par- tiality or other comiwtent cause,' and were liable to rejec- tion unless unexceptionable in every particular.* Very sim- ilar to this was i\\^8tockneffnoti\\ii ancient Danish law, by which, in cases where the relatiyes were not called ui)on, thirteen men were chosen, a majority of whom could clear the accused by taking th6 oath with him. They were nom- inated by a ixsrson api^oiuted for the purpose, and if the court neglected this duty, the priyilege enured to the plain- tiff.* Tlie Northern nations were evidently less disposed to favor the accused than the Southern. In Sweden and Denmark, another regulation provides that although the defendant had a right to demand this mode of purgation, }rt the plaintiff had the selection of the twelve men who served as conjurators ; three of these the accused could challenge for enmity, but their places were supplied by the plaintiff.' The evanescent code compiled for Norway and Iceland by Ilaco Ilaconsen towards the close of the thir- teenth century is more equitable in its provisions. Though It leaves the nomination of the conjurators to the defendant, the choice is subject to limitations which placed it virtually in the power of the court. Tlicy were required to l)c men of the vicinage, of good repute, i^eers of the accused, and in no waj' connected with him by blowl or other ties, Such care in the selection of those on whom duties ■ Laws ofStlMlrMl, Tii. lit. e. xm. • L. mnrlel I. TH. xui. « 8. * Ibid. Tit IzH. S 10- « Oowill. WoIdMiari B«glt, H Hi. IzzH. • L. BoMto Ub. Tii. 0. 8.^Cluuri. Woldemari lUglt, ann. 1I6S. {Dm Caaf* f. T. Jurmwftniufm,) * BJvsdMD M ipM dignlUtlf, ]»rozvRi« hablUntct, •! h^Jw r«l raazim* gaari, mt aSaiteUf neo liiUro«diiU«m eAuarvB tIucbIo cam no eo^j«B«ti, •dalUi «lUt M Jadietl, ■•« In anlee^Maa »■! pcijarll Ml fal«l UtUawli •«to l«auM0.--JMmtidii, ThioTii-Biillir, cup. Iz. z. 4 38 TnS WAQKR OV LAW. BO responsible devolved did not prevail among the more Southem races at on earlier age. Among the Lombards, slaves and women in tutelage were often employed.* The Burgondians required that the wife and children, or, in their absence, the father and mother of the accused should assist in making up the number of twelve,' and the idle nature of the ceremony under such regulations is shown by its prohibition under Charlemagne for the reason that it led to the swearing of children of tender and irrespon- sible age.* That legislator, however, contented himself with forbidding those who had once been convicted of i)er- Jury from again appearing either as witnesses or conjura- tors;* and the little care that was deemed necessary in their selection is shown by a law of Louis-lo-Ddbounaire ordering that landless freemen should be allowed to serve as coii- Jurators, though ineligible as witnesses.* A truer concep- tion of the course of Justice is manifested, some centuries later, by the Bdarnese legislation, which required that the aeguidars or conjurators should bo men able to pay the amount at stake, together with the fine incurred by the losing party,* or that they should be fair and loyal men, not swayed by enmity.^ Yariations are likewise observable in the foim of admin- istering the oath. Among the Alamanni, for instance, the compurgators laid their hands upon the altar, and the principal placed his hand over the others, repeating the oath alone;' while among the Lombards, a law of the Em- peror Lothair directs that each shall take the oath sepa- rately.* It was always, however, administered in a conse- * L. Longobard. i. zzziii. 1, 8. * L. Dargund. Tit. viii. ' Caplt. Car. Mog. i. ann. 780 o. Izil. ' Ibid. * Capii. LudoY. Pii ann. 829 Tit. iii. f ri. * For d« Morlaaf, Rubr. xli. art. 146-7. The fame oapaoitj waa required of the UttimonU or witnesfea. ^ Que f Ion booa et loyaiu, et qne no elen tnemiezf . — ^Fori de Bdarn, Rnbr. xxz. * L. Alaman. Tit. vi. * L. Longobard. Lib. ii. Tit. Iv. S 28. TALUS OF OOMPUBOATION. 89 cmtcd plftce, bcforo delegates appointed by the Judges trying tlic canse, sometimes on tlie altar and sometimes on relics. A formnla of Marculfus specifies the Gapella S. Martini, or cope of St. Martin/ one of the most venerated relics of the royal cha\|)el, whence we may perhaps conclude that it was habitually used for that purpose in the business of the royal Court of Api)eals. Tliere has been much discussion as to the exact nature and legal weight of this mode of establishing innocence or vindicating disputed rights. Some authors assume that in the early ])eriod, before the ferocious purity of the German character had become adulterated with the remains of Ro- man civilisation, it was used in all descriptions of cases, at the o]ition of the dcfrudant, and was in itself a full and satisfactory proof, received on all hands as equal to any other." The only indication that I have met with tending to the sup])ort of such a conjecture occurs in the Lombard co<1e, where Rotharis, the earliest compiler of written laws, abolishes a previously existing privilege of denying under oath a crime after it had been confessed.' A much more powerful argument on the other side, however, is derivable from the earliest text of the Salique law, to which reference has already been made. In this, the formula shows clearly that conjurators were only employed in default of other testimony;^ and what lends additional force to the conclu- ' ' Mareair. Lib. t. Fomvl. xxztUI. * KSnlgtwftH^r, itadtt HUlori<\|iieff, p. 167. ' Naa D«Ui He«fti, poftqnam manifotUTerli, pMtea per fMnBiaiiivm negart, qvod non til evipabllls, potlqaan llle ta ovlpabilem a«lgna?ii. Quia Ballof oognoTlBttfl In regno noetro lalef pra?afl opponantea Intanilonce, •i hiN moremnt noa pr^Mntara eorrlgera lagcm, el ad nellorem eiatvB reroeere. — L. Lengobard. Lib. it. Tit. Ir. § 8. * SI qala homlnen lagenno plnglaTerlt ei probailo eerla son fait, aleal pro oeelio Jaratore donet. SI jaratorei non potuerli Invenlre, VIII If dina- rio«. (\|ai foelant eolldoe CC, ealpabllls jndleetar.— Tit. zzxiz. § S. A eliBt- lar iirotUlon— 'ri tamen probatio eerta non rvarit'— ocean In Tli. zlil. \ b. 40 TnS WAQER OF LAW. tlon is that this direction disappears in subsequent revisions of ttic law, wlierciu tlie influences of Cliristianity and of lioman civilization are fully appaient. No safe dedue- tions, indeed^ can l>e drawn from more omissions to specify that the absence of witnesses was necessary, for these ancient codes aro drawn up in the rudest possible manner, and regulations which might safely be prestmied to be familiar to every one would not t)o re\|X!ated in their curt and bar- tmrous sentences with the careful redundancy of verbiage which marks our modem statutes. Thus there is a passage in the code of the Alamanni which declares in the most absolute form that if a man commits a murder and desires to deny it, he can clear himself with twelve conjurators.^ Ttiis, by itself, would authorize the assumption that com- purgation was allowed to override the clearest and most convincing testimony, yet it is merely a careless fonn of expression, for another section of the same code e3q)re8sly provides that where a fact is proved by comi)ctcnt witnesses the defendant shall not have the privilege of producing compurgators. It therefore seems to me evident that, even in the earliest times, this mode of proof was only an cxpcdieut resorted to in cases of doubt, and on the necessity of its use the rachinborg$ or Judges probably decided. That it was so in subBCcpieut times is generally admittc<l. It is scarcely worth while to multiply proof; but a few referauces will show the light in which the custom was regarded.* ■ St qnii homintm oooidarU et negare voluerit, oum daodeolm nominaiis Jar«t. — L. AUman. TU. bxxxiz. Ibid. TU. ZLii. * Vor intiano«, in ih« Baloarianlaw— *Koo faeiUad faoramenta TeiilAlur . . . In hU vero eausU laoramenta prioaUniur Inquibaa nuUam probntion«in dlaoanio JudloanUf invenerU." (L. Baioar. TU. viii. o. 16.) la a CapUa- lary of LoaU-le-Ddbonnaln, — " Bi hujai faoU tMtes non habuerU oum duo- doolin ooi\{araioribns legUimU per •aoramontum adfirnisi." (CapU. Ludor. PU ann. 810 S !)• In one of the Emperor Lothair,— <Si testes habere non poierl.i, oonoedimof ut oum XII. Jaratoriboa jaret." (L. Longobard. Lib. i. BSPULOnaAL OATHS. 41 Confidence in its ability to supplement absent or deficient testimony was manifested in a singular form — ^the jurti- menium Bupcrmortuum — which was employed by various races, at wide intervals of time. Thus, in the earliest legis- lation of the Anglo-Saxons, we find that when the defendant or an important witness was dead, the oath which he would have taken or the deposition which he would have made was obtained by proceeding to his tomb, where a certain number of conjurators swore as to what he could or would have done if alive' Two centuries later, the same custom is alluded to in the Welsh laws of Hocl Dha,* and even as late as the thirteenth century it was still in force in Southern Ocnnany." Til. tx. 4 S7.) So Looif II., In 854, ordered Ihsl Araiui uenaod ofharborlas robber, if Ukea in the oet, wm Io be immedialelj pnnished, bai If merely el ted OB popular ramor, be wai at llbertj to elear binaelf with tweWe eom- par^atort. (Reeeei. TIeinen. Tit. ii. eap. S.) It waa the lame ia eabeeqaeat periode. The Soottieh law of the twellUi oeatary alladee to the abeenee of testlmoay ai a neoeeaarj prellmiaary, bat whea aa aeqaittal waa onee obtained in thif manner, the aeeayed leema to ha?e been free from all ivbeeqnent proeeedingi, when ineonrenient witncoeee might perhapa tarn op—" Bt el hoe modo pargataf fnerit, abeolretar a po- UUono Regie in poeteram.' (Regiam Majeetatem. Lib. it. e. SI.) Bo, in the laws of Nieaport, granted by Philip of Aleaee. Coaat of Flandera, la 1163. *Bt el hoe ieabiai toI opidanl non eognoTerint, eonqaoreni eom jaramento qnerelam iiaam eeqaetar, et alter ee eieaeablt Jaramento qoinqae homiaam. ' (I^eg. eeoandn Norlporiap.) The legislation of Norway and leo- laml in the neat eentary is oTen more poaitire. ** lie tantam oonoeaeia qam legnm eodiees eaaelunt, jaramenta nempe pargatoHa et aoeaiatoria, abl legitimi defneriat testes." (Jamslda, Mannhelge, eap. xxxtII.) Ob the other hand, an exeepUon to this general prinelple ii apparently foaod in a oonsUtation of the Bmperor Henry III., isaaed aboat the middle of tlm ole?enth eentary '* Si qaem ex his domloas saas aeeasa?erit do qaa- eanqao re, licet llll jaramento se onm sals eosBqaallbas absolToro, ezeeptis Iribaa : hoe eat si In Titam dominl snl, aatin eameram ^at eonsillam habalsso argaltar, aat ia manitiones ejas. Cssteris Tero homlnlbos de qaaeanqao objeoUone, abaqae adrooato, eam sals eomqaallbaa Jnramento so poterit ab- aolvere." (Uoldast. Constit. Imp. I. 131.) * Dooms or Ine, eap. liil. * Leg. Beeles. Iloell Dba e. S7 ■ Ba aatem debita de qalbas noa eoastat, saper mortaam probari debenti sepliaKa ouuia.— Jar. ProTln. Alaman. cap. r\\. f S. 4* 42 TIIS WAOSR OF LAW. In such cases as these, there could bo no doubt as to the absence of testimony, but legal compHcatious are too vari- ous and perplexing to render all questions so easy of solu- tion, nor can we e3q)ect to find, in the simplicity of primitive laws, elaborate general directions that may guide us in any attempt to investigate thoroughly the principles which the untutored barbarian may have applied to determine the ad- missibility of this kind of evidence. That they were not always such as would appear rational to us of the nineteenth century may safely be assumed. The laws of Iloel Dha re- quired, for instance, that compurgation should be allowed only in cases of uncertainty,^ yet how latitudinarian was tlie definition of uncertainty, and how great was the benefit of the doubt interpreted in favor of the criminal, is shown by its application to parties taken in adultery, flagrante de- lictum who were allowed to escape on the production of fifty men to take the oatli with the male culprit, and fifty women with the female,' though what was the veidict when the one was successful and tlie other partner in guilt failed, does not appear. The employment of compurgators also deiiendcd fVo- quently upon the degree of crime alleged, or the amount at stake. Thus, in many codes, trivial offences or small claims were disposed of by the single oath of the defendant, while more important cases required compurgators, whose num- bers increased with the magnitude of the matter in question. This principle is fairly illustrated in a charter granted to the Yenetians in the year 1111 by ITeury V. la suits which amounted only to a silver poiuid, the oath of the party was L. EooIm . 0. 8. Bt hoo tamen fit inoertum. * The oradit J of UiU regnlaiion li alinosfc Inoredible. — ** Et tribal de eaaaif daUr tolejurameiitttiii. Sivideatnr malier ▼enieni de luoo d« unafiarto, el vir Tenieni de altero parte ejuadem laoi In eadem bora, vel si videantar iniimnl Jaoentefl lub nno pallio, vel li videatur vir inter femora mulieris." (Ibid. oap. 17.) Perbapi thii maj be attributable to the looienen of the marriage iio among the Welsh of the period. i\ FORMULA OF OATH. 43 sufficient; but if the claim amounted to twclyo pounds or more, then twelve chosen men were requisite to substantiate the oath of negation.^ In later times, compurgation was also sometimes used as an altenmtive when circumstances prevented the employ- niont of utlicr \|K>pular modes of dcttidhig doubtful cases. Those, for instance, who would onlinarily Ix) required to defend themselves by the wager of battle, were i)ennitted b}^ some codes to substitute the oaths of a certain number of conjurators, when precluded by advanced age from ap- \|)earing in the arena. The burgher law of Scotland affords an example of this, thougli elsewhere such cases were usually settled by the substitution of champions. The ])rimitive law-givcra were too chary of words in their skeleton codes to embody the formula usually employed for the compurgatorial oath. We have therefore no posi- tive evidence of its nature in the earliest times; but as the forms made use of by several races at a somewhat later \|ierio<l have been preserved, and as they resemble each other in all essential respects, we may reasonably assume that little variation had previously occurred. The most ancient that I have met with occurs in an Anglo-Saxon fonnulary which is supiK>sed to date from al>ont A.D. 900: ^Hy the liord,' the oath is clean and uni)erjurc<l which N. has swoni."* A century later, in a compilation of the liombanl law, it api)ears: ^That which the accused has sworn is true, so help me God." Tlie form siXK^ified in Ileam, at a i)eriod somewhat subsequent, is curt and dcci- * UatgCod. lUI. Diplom. II. 1055. * 81 V«rgratto MlamniAlai praUrili »Ulem \|tQ\|piMi4l, et ho« tnonlaTwrii H OT* rcii\|MNMloB, BOB \|tQgiiabit. 8«d Janraienlo daod««lB Uliaa qoftlii tpM fa^rii, M pargmbtl.— L. Dargonm e»p. S4 ff 1, S. Oa \|>mie DrihUn m aK ii ol»n« aad anmsae )>• N. iwor. — ^Thorpa'i An- eUaiLawt. I. tS(K.l. * Hm qaod anwnalai JoraTii, T»nim jara?lt Sie Daai, eto.— Fonaol. VH. la L. LanK«ilMiH. (ncnr\|ii«rh, 1375-A.) 44 rum wagbe ow law. mre: ^Bj i\u:Me satoU, he telU the truth;"* while the code m t(ffi:it in Xomuuuly outil the Bixteenth century directs m iinth uUiUiU'jd in spirit: '^The oath which William has uwoTU in true, uo lic»li# me Ocn! and hi4 saints.'^ It will be iAmtctifed that ail thene, while e»fteutially diatinct from the (rath of a witneaa, are atill uuiiualilicd aaaertiuua of the truth of the princt\|#al^ and not mere asseverations of hetieT or protestations of confidence. The earliest deiuulore from tills fiositire affirmation, in secular Jurisprudence, occuni In tlie unsuccessful attempt at legislation for Norway* and Iceland by Ilaco Ilaconsen in the thirteenth century. In this, tlie fmfiropriety of such oaths is pointed out, and it is directed that in future the compurgator shall swear ouly, in confirmation of his principal, that he knows nothing to the contrary.* Wo shall see that before the custom fell into total disuse, the change which Ilaco vainly attempted for his subjects came to fje generally adopted, in consequence, principally, ift the example set by the church. Even before this was formally promulgated by the Poi)cs, however, ecclesiastics o<$casioually showed that they were more cjireful as to what they swore, and at a comparatively early period they intro- duced the form of merely asserting their belief in the oath taken by their principal. Thus, in 1101, we find two bishops ' Vn ftfiaeti ftnU Ter dlU. — Von de B^arn, Babr. li. art. 165. ' iNi §tm0tki qD« Quniaume a Jnr6, taaf •ermeni a jur^, aimi maUi Dieu •i Ml Sftlnait.— ADoi«DDe Coot, do Normandle, chap. Izzzv. (Boardot de liUlitboiirc, IV. 64.) ' If obli adboM Dm ooram perioalotom eise vldetur, ejus, oujua inieroti, JttiflaraDduni pursalorlum edendo prioeuiite, omnaa (ab ao produoti Uaio«) lifd«m ao IIU «ODe«piii TerbU jorare, Inoeril quamrit fuerini, vera ne an falsa Jiireiit. Not leglbai Ulatttm voluinuB ut ilU, eujut interest, Jusjuran- dttm oooeeptls yerbis solam prsBstet, osDteri vero ejus firment Ju^nrandnm •4ljlelentes se neqnid verius, Deo coram, scire, qaam jurassont. — Jarnsida, Mannbelge, oap. xziTli.— The passnge is cnrious, as showing how little oon- fldenee was really felt in the purgation, notwithstanding the weight attaohing to It by law. WANT OF OONFIPKNOK. 45 cnclcAvoring to relieve a brother prelate from a charge of Riiiioii}', and their compurgator ial oath ventures no further than ^ I believe that Norgaud, Bishop of Autun, has sworu the truth. So help me God.'" Notwithstanding the universality of the custom, and the alisolute character of the decisions reached bj the process, it is easy to discern that the confidence rei)Osed in it was of a very qualified character, even at an early iKsriod. The primitive law of the Frisians dcscril^es some whimsical proceedings, prescril^ed for the pnriH>se of determining the rcs\|>onsibility for a homicide committed in a crpwd. The accuser was at lilierty to select seven from among the par- ticiiwnts of the brawl, and each of these was obliged to deny the crime with twelve conjurators. This did not aliflolvc them, however, for each of them was also indivi* dually subjected to the ordeal, which finally decided as to his guilt or innocence. In this, the value of the com- purgation was re<luce<l to that of the merest technical cer^ mony, and yet a failure to procure the requisite number l of 8np\|)orters was tantamount to a conviction, while, to y, crown the absunlity of the whole, if any one succumbed in ' the ordeal, his conjurators weie punished as jierjurers. A similar want of confidence in the principle involved is shown by a reference in the Anglo-Saxon laws to the conjurators of an accused party being outsworn (overcythed)^ when recourse was likewise had to the ordeal." As regards the church, although the authoritative use of compurgation among ecclesiastics would seem to demand for it among them implicit faith in its results, yet we have already soon that in the ninth century, Ilincnmr did not hesitate to require that in certain cnncs it should lie conflnned by the ordeal ; and two centuries Inter, a remark of Ivo * Cr^flo Noripiadam tutoiii Rdaeniiem epIfoopDm Tcra jnr&Me, tlool ■• iVai Mj«Tet.— lliiKn, FlATiniM. Lib. ti. * U rrWoimm Tli. il?. * l»M»iii* or King Frflvanl, cap. Hi. 46 Tns VAQBB or law. of Ohartrcs implies a strong degroo of doubt as to its efllcocj. In relating tliat Sanetio, Uisliop elect of Orleans, when accused of simony by a disappointed rival, took the oath of negation with seven compurgators, he adds that the accused thus cleared himself as far as he could in the eyes of man.* That the advantages it offered to the accused were duly appreciated, both by criminals and Judges, is evident Arom the case of Manasscs, Archbishop of Rhefms. Charged with simony and other offences, after numerous tergiversations he was finally summoned for trial before the Council of Lj'ons, in 1080. As a last effort to escape the impending doom, he secretly offered to Bishop Hugh, the Papal legate, the enormous sum of two hundrcil ounces of gold and other presents in hand, besides equally liberal prospective payments, if he could obtain the privi- lege of compurgation. with six suffragan bishops. Gregory YII. was then waging too uncompromising a war with the corroding abuse of simony for his lieutenant to yield to any bribe, however dazzling; the proffer was spumed, Manasscs confessed his guilt by absence, and was accord- ingly dci)osed.* The comparative value attached to the oaths of conjura- tors is illustrated by the provisions which are occasionally met with, regulating the cases in which they were employed in default of witnesses, or in opposition to them. Thus, in the Baioarian law, the oath of one comixstent witness is considered to outweigh those of six conjurators ;* and among the Lombards, an accusation of murder which could be m^t with three witnesses required twelve conjurators as a substitute.* It is thus evident that conjurators were in no sense wit- nesses, that they were not exi)ectcd to give testimony, and that they merely expressed their confidence in the veracity * Qaaotam in eonflp«ota hominnm purgari poUrat.— Iron. EpUt liv. * Hugo. Flaviniae. Lib. ii. " L. Baioar. Tifc. ziv. enp i. \ S. * t. Longobard. Lib. i. Tifc. ix. i 87. LIABILITY OF OONJUnATORB. 47 of their priiicipftl. It thcrcroro at first sight appears some- what unreasonable that tlicy should have been held guilty of perjury and subject to its penalties in ease of unluckily sustaining the wrong side of a cause. It is probably ow- ing to this inconsistency that some writers have denied that they were involved in the guilt of their principal, and among others the learned Meyer has fallen into this errorJ The proof, however, is too clear for dispute. We have already seen that the oath was an unqualified assertion of the Justice of the side esi>ou8ed, without reservation that would enable the compurgator to escape the charge of false swearing, and one or two allusions have been made to the punishments inflicted on them when subsequently convictcfl of mistake. The code of the Alamanni recog- nised the guilt involved in such cases when it denied the privilege of compurgation to any one who had previously liecu more than once convicted of crime, giving as a reason the desire to save innocent persons from incurring the sin of iKijury.* Similar evidence is derived from a regulation promulgated by King Luitprand in the Lombard law, by which a man nominated as a conjurator, and declining to serve, was obliged to swear that he dared not take the oath for fear of his soul.* A case in point occurs in the life of St. Uonifnce, whoso fellow-laborer Adalger led his property to the church. His graceless brothers disputed the tiequest, and offered to make good their claim to the estate by the requisite number of oaths. The holy man ordered them to swear alone, in order not to be concerned in the destruc- tion of their conjurators, and on their unsupported paths gave up the projicrty.* * IntillqtIoM Jadlelalr«8, 1. 817 (Pard«8fni). * Ut pro\|it0r ■VAm ncqaUUm alii qoi Tolanl Del •■■• non m peijqrenl, ■M preiiUr oq1\|mibi atlenam ••meliptoi p«rd«iit — L. AIabiib. Tit. sill. 4 1« ' Qaod pro •nima toa tinendo, noil prstaBal i««na««lalif mm. — L. Lo«r>bMd. JAh. ft. Til. U. 4 14. * OUiloa. Yll. 8. Bonif. Lib. it. e. zxi— •• Vm noli Jvraiia, •! Tvliia: solo al OMSM hM eoBgrepiiM p«rdiitif.' — Donifiiee, hoir«T«r, did Doi wMklj 4$ TIIS WAOEE or LAW. The law had no hesitation in vL^iting soch cases with the fjciiaUica rescrvc<l for pcijiiiy. By the Saliqiic code onlfKrkjr Cfiiniifirgators were hcavilj fiuctL Ainoug the FriniaiiSi they hail to I my themselves off from \|>iiui»hmeut hjr the amount of their wehrgild — the value set u\|m>u their heads** A slight relaxation of this severity is manifested in a constitution of Pepin, King of Italy, by which they were ]>anished with the loss of a hand — the immemorial penalty of ])eijury — unless they could establish, by under- going the ordeal, that they had taken the oath in ignorance of the foets.* This regulation is a tacit disavowal of the fundamental itlea n^ion which the whole system was erected, but it was only a temi)orary edict, and had no permanent eifeci. Even as late as the close of the twelfth century, we find Celestin III. ordering the employment of conjurators in a class of cases about the fincts of which they could not possibly know anything, and decreeing that if the event proved them to be in error, they were to be punished for perjury** That such liability was fully rccognize<l at this )>cri<Hl is shown by the argument of Alipruudus of Milau, a C45lebraied contcniporury legist, who, iu nuihilniuiug the )K>sition that an onliuary witncHH counnitiiug \|ierjury must always lose his hand, without the privilege of reilceuiiug it, adds that no witness can perjure himself nninteutionally ; but that conjurators may do so either knowingly or lui- knowingly, that they are therefore entitled to the benefit of the doubt, and if not wittingly guilty, they should have the privilege of redeeming their hands.* sbsndon ih« osiim of i1i« oharoh. He freely iDvoked earaes on the greedj brelhrtn, whioh being falllUed on the elder, the terror-itrioken Burvivor giftdlj rellnqttlfhed the dangerona inberlianoe. ' Xi. Sello. Tit. I. ii 8, 4. * L. Vrlflonnm Tit. x. * Osplt. Plpplnl snn. 708, f 16.— Caplt. Our. Mng. Ineert. anni o. z. (IlarU. btln Oonell. Qerman. I. 420.) ' Oeleit. III. ad Brugnam Bplao. (Balui. et Manil, III. 382.) * Cod. Vatloan. No. 8846, QIum. ad L. 2 Lombard, ii. 61, apud Savigny, SAVXaUABDS or TUB 8TBTXM 49 All this Becms in the liigliest degree irrntional, yet in criticizing the hnrdships to which innocent conjiirntors ircro thus ex\|K>8ed, it ahoiiUl be borne in mind that the whole 838tem wfu a 8ulcci8m. In it8 orighi, it wa8 aim- ply 8nmmouing the kinamen together to bear the brnnt of the conrt, 08 they were lx)nnd to do that of battle ; and S8 they were liable for a i)ortion of the fine which wa8 the penalty of all crimea — ^[lersonal puniKhnients for freemen being nnknown — ^thcy conld well afford to incnr the riak of paying for perjnry in order to avoid the asaeasment to bo levied niH>n them in caao of the conviction of their relative. In anbeeqnent perioda, when thia family reaiionaibility bo- caroe weakened or diauae^l, and the progreaa of civilization rendenMl the intereata of aociet3'nioro complex, the cuatom conld only lie retained b}' ron<lcring the oflico one not to lie lightly nndertaken. A man who waa endeavoring to defend himself from a probable cimrge of mnrder, or who desired to confirm liia posaeaaion of an eatate againat a comix^titor with a fair ahow of title, waa exi)ected to prodnce gnarantiea that wonld carry conviction to the minda of impartial men. Ab long aa the practice existed, it waa therefore ueceaaary to inveat it with every aolemnity, and to guard it with pcnaltlea that wonld obviate aome of ita diaadvantagea. Accordingly, we find that it waa not alwa^'s a matter of courae for a man to clear himaelf in this manner. The ancient codes have frequent provisiona for the fine incurred by those unable to jirocure the requinite number of com- purgators, showing that it was an occurrence constantly kept in mind by legialatora. Kor waa it onl3' landlesa and fricndleaa men who were ex\|>oaed to auch failures. In 794, a certain IMahop Peter waa condemned by tlie 8yno<l of Frankfort to clear himself, with two or three conjuratora, of the anspicion of being involved in a conspiracy againat a«Mbiebto d. Rom. %Hhi, D. W.— I owe thb rtfer«iM« to lb kindoett or mj fHoa4 J. O. Rooengarion, Rih\|. 5 50 THB WAQBB OF LAW. CharlemagnOf and, small as was the numlMsr, ho was unablo to procure them.* So, in the year 1100, when the canons of Autun, at the Council of Poitiers, accuseil their bishop, Norgaud, of simony and other irregular practices, and ho proposed to absolve himself with the compurgatorial oaths of the Archbishop of Tours and the Bishop pf llddon, the canons went privately to those prelates and threatened that in such event they would bring an accusation of per- jury and prove it by the ordeal of fire, whereupon the would-be conjurators wisely abandoned their intention, and Norgaud was suspended.' The most rigid compliance witli the requisitions of the law was exacted. Thus the laws of Nieuport, in 1163, provide a heavy penalty, and, in addi- tion, pronounce condemnation when a single one of the conjurators declines the oath.* No regulations, however, could be more than a slight palliation of a system so vicious in its fundamental prin- ciples, and efforts were made for its abrogation or limitation at a comparatively early period. In 983, a constitution of Otho II. abolished it in cases of contested estates, and substituted the wager of battle, on account of the cnonnous perjury which it occasioned.^ In Knghuul, a more sweeping denunciation, declaring its abolition and replacing it witli the vulgar ordeal, is found in the conAiscd and contradic- tory compilation known as the laws of Henry I.* > Ospii. Cur. Mug. abb. 704 \ 7. * Hugo. VIavIoIm. Lib. ii. ann. 1100. Norgaad, however, was relnsiaiod next jear by qnletlj procoriog, ub we bare already eeen, two brother prelatee to take the oath with him, in the alMODoe of hit antagonieta. ' Bt il quit de qainque jOYantibui defeoerit, aoousatua debet trei librai, et peroBieo deeem lolidoa. — Leg. Beonnd. Noviportua (Oudegherat). * L. Longobard. Lib. ii. Tit. It. ^ 34.— Qua ex re moa deteitabllia in Italia, improbttiqiie non imitandui ioolevit, ut fub legum fpeoie Jnrejarando aoqaireret, qui Denm non timendo minime formidaret perjnrare. * L. Henrioi I. eap. Ixiv. 4 1. ' Malornm autein infeatacionibua et peiju- ranoinm eonapiraoione, depositnm eat frangena jarannentam, ut magia Dei jadieium ab aeevaatia oligatur; et undo aoouaatua oum una deelmaae pur OONTINUKD POPULAR OONVIDBNCE. 61 Wc have already seen, from instances of later date, how little influence tliese efforts had in eradicating a custom so deeply rooted in the ancestral prejudices of all the Euro- \ycnn races. The hold which it continued to enjoy on the lK>pular confidence is well illustrated in a little ballad by Andefroi-le-B&tard, a renowned trouvire of the twelfth century. LA BBLLB BREMDORS.* " QnAnd Tleat on mat, q«o Von 4U m lonii Jom,** oI«l III the long bright dftjs of flprlng-tlme, In the month of bloomtog Mfty, The Franks from royal oonncil-field All homeward wend their way. RInaldo leads them onward Past Brembors' gray tower, Bat turns away, nor deigns to look Up to the maiden's bower. Ah, dear RInaldo I Fall in her tarret window Fair Brembors is sitting. The loTelom tales of knights and dames In many a color knitting. She sees the Franks pass onward, RInaldo at their head. And fain would clear the slanderous tale That eril tongues have spread. Ah, dear RInaldo! " Sir knight, I well remember When yon had gricTed to see The eastle of old Brembors Without a smile from me." gar«i per •leeelonem ot iort«m, il ad Jndloinm ferrl oalldl Tadat." Thb oaa- aot be eofiiidered, howerer, af haTing abrogated it eren temporarily In Bng- laad, flnee it la contradicted by many other laws in the tame code, which preeerlbe the oie of oompurgatort. ' Le Rous de LInoy, Cbanta Illntoriqnes Fran^nif, I. 15. 52 TUB WAQKR OF TiA\Y. "Your YowB ftre broken, prinoeaa, Your faith is light m air, Your love another'^, and of mino Yon havo nor reok nor care." Ah, dear Rinaldo I < Sir knight, mj faith unbroken, On relicB I will swear ; A hundred maids and thirty dames With me the oath shall share. I 've nerer loved another. From stain mj tows ara free. If this content jour donbts and fears, Yon shall have kisses tliroe." Ah, dear Rinaldo I Rinaldo mounts the stairoase, A goodly knight, I ween. With shonldera broad, and slender waist, Fair hair and bine eyes keen. Earth holds no youth more gifted In errnj knightly measure ; When Brembors beholds him. She weeps with very pleasure. Ah, dear Rinaldo t Rinaldo in the turret Upon a couch reposes, Where deftly limned are mimic wreaths Of violets and of roses. Fair Brembors beside him Sits clasped in loving hold. And in Uieir eyes and lips they find The love they vowed of old I Ah, dear Rinaldo t In England, owing probably to the influence of tho Jnry- trial, the custom seems to have lost its imiX)itance earlier than elsewhere. Towards tlic close of the twelfth century, Ghuivillo compiled his excellent little treatise '' De legibus Anglice,'' the first satisfactory body of legal procedure which the history of medioeval Jurisprudence affords. Com- ENQLAND. 63 plcto as this is in all the forms of prosccntion and defence, the allusions to conjurators arc so slight as to show that already they constituted an infinitesimal part of legal machinery, and that they were employed rather on collat- eral \|>oints than on main questions. Thus a defendant who desired to deny the serving of a writ coidd swear to its non- reception with twelve conjurators ;^ and a party to a suit, who had made an unfortunate statement or admission in court, could deny it by bringing forward two to swear with him against the united recollections and records of the whole court.* The custom, however, still continued in use. In 1194, when Richard I. imdertook, after his liberation, to bring about a reconciliation between his chancellor, William Bishop of Ely, and the Archbishop of York, one of the con- ditions w«8 that the chancellor should swear with a hundred priestly compurgators that he had neither caused nor de- sired the arrest of the archbishop.' In the next century, Bracton alludes to the employment of conjurators in cases of disputed feudal service between a lord and his vassal, wherein the utmost exactness was rigidly required both as ' OlABTUle, Lib. 1. eftp. Is. Alto, Lib. i. o. ztI., Lib. iz. e. I., Lib. z. e. T. * ** In aliia eDlm earili si qnis aliquid dii«rit ande earn p<riiiiaorit, poUHt id ••gar* eontim toUm eariam Urtia ibado ettm saoniiBdiitA, id sa bod dixiraa •flrmaado." — (Ibid. Lib. Tin. a. iz.)^In foma oibor fyitami of Jariiprv- daaaa, ibif anfopbislieatad mwlo of aroiding Jotiieo wii obtained by iniiii- ing on tha omploynioBt of lawyen, whofa aiMrilonf woald Bot bo bindiag on ibair eliaBta. That iB ibe Anitot de Jorutalom (Daiiaa Covrt, eap. 183): " Bi poreo it doit ottro laTaotparliar, ear ta larantparlier dit parole quil na doiidira poreeloj ei oni il parole, eelni por qui i1 parla et ion oonoean j paeentbien aroender aiai qoa le iogenent toit dit. Mais la eelaj de eoi cfi li plait diteit parole qvi li dentt torner a damage, U no la poett torner ariaret p«it qnil la dile." The tame eaailon it recommended in the GermeB proeed«re of the fonrtaenih oeatory — ' Torbit proeoratorit non erit adttrio- tat. at tie vilabit damn on.' — (Riohttioh Landreoht, eap. ii.) The tame abnte exitted in Franee, bot wat rettrieted by 8t Ijouit, who made the at- periioB of the adrooate binding on the principal, anlett contradicted ob the ppot. — (KtablifnemeBtt, Lir. it. chap, sir.) * nagerde noTe<len, ann. 1104. 5* S4 THB WAGKE OF I.AW. to tht nmnticr and fitness of the con J am tors,' axnl we slutll see that uo formai aLrvgaktion of it took pL^e until the nine- teeuth oentnrj. Soon after the time of Gl^nTilIe, hower^ the tjstem ie> oeiyed a severe shuck from its m«jst impurtant patron, the church. As stated aboTC, in pruceeilings bet veeu ecclesias- tics, it was eTcrywhere received as the ai>propnate moi3e of deciding doubtful eases. Innocent IIL himself^ who did so much to abrogate the kindred absordit j of the ordeal, con- tinued to prescribe its use in cases of the highest moment involving dignitaries of loft j station ; though, sensible of the abuses to which it led, he was careful in demanding oonjura- tors of good character, whose intimacj with the accused would give weight to their oaths.* At the same time, in endeavoring to remove one of the objections to Us use, he in reality destroyed one of its princijud titles to rcs\|iect. Ho dccieed that compurgators should only be obliged to swear to their belief in the truth of their principal's oath,' and thus ho attacked the very foundation of the practice, and gave a i)owerful impulse to the tendency of the times no longcu to consider the compurgator as shoruig the guilt or innocence of the accused. Such an innovation could only 1)0 regarded as withdrawing the guarantee which hod imme- mortally existed. To recognize it as a legal precept was to deprive the proceeding of its solemnity and to render it no longer a security worthy tho confidence of the ixM)X)le or . sufliciont to occupy tho attention of a coiurt of justice. Tano Tftdabli defondonf legem m daodMlma naas. — Bneton. Lib. III. Traoi. IH. cap. 87 f 1.— Bt li ad dieni legla fkcioodtn defaerii aliqnia de XII. Tel si oonira pncdiotos ezoipl potiU quod non lant idooel ad legem faclendam, eo quod villaol sant vel alias idoDei mlnos, luno dominiis inoldei In mi«erieordiam. — Ibid. \ S. Bo alio in Lib. y. Tract, t. cap. ziil. f S. • Can. Til. Extra, y. M. ' 111! qal ad purgandam alloujas Infamiam Indacnniur, ad solnm ieneniar Juramento flrmare quod Tcritaiem orodunt cum dicere qui purgaiur. — Can. ziil. Bxira,-v. 84. Innocent also endeayored lo put an end to tbe abuse ' bj wbloh eeoleslasilos, notoriously guilty, were able to escape tbe penalty dne their crimes, by this easy mode of purgation.— Oon. zt. eod. loe. IKVLUBNOB OF BOMAN LAW. 65 In the confusion arising fVom tlic long and varying con- test as to tlie boundaries of civil and ecclesiastical Juris- diction, it is not easy to determine the exact authority which this decretal may have exercised directly in secular Jnrispnulence. We have seen above that the ancient form of absolnte oath was still emplo^xd without change, until long after this periml, but the moral effect of so decided a declaration from the head of the Christian church could not but lie groat. Another influence, not loss i)otential, was also at work. The revival of the study of the Roman Juris- prudence, dating from about the middle of the twelllh cen- tury, soon began to exhibit the results which were to work so profound a change in the legal maxims and principles of hnlf of Europe.* The criminal procedure of the barba- rians Imd rested to a great degree on the system of negative proofs. ] n tlie absence of iK>sitivo evidence of guilt, and sometimes in despite of it, the accused was bound to clear himself by compurgation or by the ordeal. The cooler and less impassioned Justice of the Roman law saw clearly the ■ The npidikj with whioh the lindy of Ihe eIrU law diffaied iteolf through. Mi the fehoolt and the eng orneM with whieh it wm weleomed ere weU illai* ir»ted hj the eomplminta of Oir»1dvi Camhrenili before the end of the twelfth eenUirj. The higheitof high eharehmoiii in deploring the deollne of ienm- ing among the prelatee and elergy of hia age, he attributes it to the exelnaiTO attention beitowed on the Jariiprndenoe of Jnttintan, whioh already offered ihe enreei prltet to eapidity and ambition, and he qootea in rappori of hia opinion the dletnm of hif teacher Mainler, a profeieor in the Unirenity of Pariii : Rpiaeopoff aniem llle, de quo nnno nttlmo loontt samnt, Inter raper- fleialei nnmerari potnit, enjmmodl hodie maltoe noTlmnt propter legei Jns- ilnianaa, qnm literatoram, nrgente enplditatit ei ambitlonit Inoommodo, adeo in mnltia jam anffoearvnt, quod magiaimm Malnerinm in anditorlo aeholB ntm Pariaina dieentem et damna aoi temporis plangentem, nndiri, TailrlnlnM tllnd Sibilho Tore noctris diebns ette eompleinm, hoe aeilieet •Venieni diee, et rm lllit, qnibna leges obllterabnnt seientlam literaram.' " (Gemm. Beelesiaai. INst. ii. cap. ziztII.) This, like all other branches of learning, was as yet aimosi ezelnsiToly In the hands of the clergy, though already were arising the preeursors of those subtle and daring olrll lawyers who were deatlned to do aueh yeoman's serTiee in abating the pretensions of ihe ehnreh. 66 TnB WAGKU OF LAW. fntility of sach attcinpts, and its system was based on the Indisputable maxim that it is morally impossible to prove a negative — unless indeed that negative should chance to be incompatible with some affirmative susceptible of evi- dence—and thus the onus of proof was thrown ui)on the accnser The enthusiastic worshippers of the Pandects were not long in recognizing the truth of this principle, and in proclaiming it far and wide. The Spanish code of Alphonso the Wise, in the middle of the thirteenth century, asserts it in almost the same words as the Roman jurisconsult.' Not long before, the Assises de Jerusalem had unequivo- cally declared that "nul ne peut faire preuve de non;" and Beaumanoir, in the '^Goutumes du Beauvoisis," approv- ingly quotes the assertion of the civil doctors to the same effect, ^^Li clerc si dient et il dient voir, que negative no doit pas quevir en proeve." Abstract principles, however, though freely admitted, were not yet powerful enough to eradicate traditional cus- toms rooted deeply in the feelings and prejudices of the age. Tlie three boiUes of law Just cited contradict their own admissions, in retaining almost unchecked the most monstrous of negative proofs — the ordeal of battle — and the introduction of torture soon after exposed the accused to the chances of the negative system in its most atrocious form. Still these codes show a marked progress as relates to the kindred ])rocedure of compurgation. The Partidas, promulgated about 12G2, is of comparative unimiK)rtance as an historical document, since it was of but uncertain authority, and rather records the convictions of an enlight- * Aotor qaod ftdtoYorfti, probare m bob poiM profltcndo, ream neooMiUU mottfirAiidi oonirBrlam non AdfiringU : oum per rorum naiaram faotum no- gaaiis probaUo noUa tit. (Con>t. ixU. C. de Probai. iv. 19.) — Cum inter euui qui faotum adfeverftna, onus subit probatioDlii et negantem numerationeui, eajof natarali ratione probatio noUa est • . . magna lit differentia. (Const. X. 0. de non nnmerat. it. 80.) ' La oota que non •• non le pnede probar nin mostrar tognnt nalnrn. — Lat Siete Pariidim, P. in. Tit. xW. I. 1. TnX TniBTXBNTH OXNTUBT. 5f cnofi niter as to what should be law than tho existing insti- tittions of a people. The absence of compurgation in Spain, moreover, was a direct legacy from the Wisigothic code, transmitted in regular descent through the Fucro Juzgo. Tho Assises de Jerusalem is a more precious relic of me- diicval Jurisprudence. Constructed as a code for the gov- eniment of the Latin kingdoms of tho East, in 1099, by order of Godfrey of Bouillon, it has reached us only in the form assumed about the period under consideration, and as it presents the combined experience of the warriors of many Western races, its silence on the subject of conjurators is not a little significant. The work of Beaumanoir, written in 1283, is not only the most perfect embodiment of the jurisprudence of liis time, but is peculiarly interesting as a landnmrk in the struggle Itotwcen tho waning iK>wer of feudalism and tho llouian theories which gave vigor and intensity of pur\|K>se to the enlightened centralization aimed at by St. Louis; and Beaumanoir likewise passes in silence over tho practice of compurgation, as though it were no longer an existing institution. All these legislators and lawyers had been preceded by the Emperor Frederick IL, who, in 1231, promulgated his ^^ Constitutiones Sictdarum" for the government of his Neapolitan provinces. Frederick was Latin, and not Teutonic, both by education and predi- lection, and his system of jurisprudence is greatly in ad- vance of all that had preceded it. That conjurators should find no place in his scheme of legal procedure is, therefore, only what might bo ex\|)ected. The collection of laws known as the '£tablissements" of St. Louis is by no means a complete co<le, but it is sufficiently copious to render tho absence of all allusion to compurgation significant. In fact, tho numerous references to the Digest show how strong was the desire to substitute the Roman for the customary law, and the efforts of the king to do away with all negative ]>roofs of course included the one under consideration. Tho same may 1)e said of the ^^ Livres de Josttce et de Plef 58 TnB WAQEB OF LAW. and the ^^Conscil" of Pierre de Fontaines, two unofllcial books of practicef which represent with tolerable fuhiess the procedures in vogue during the latter half of the thir- teenth century ; while the ^^ Olim,'' or records of tlie Parle- inent of Paris, the king's high court of Justice, show that the same principles were kept in view in the long struggle by which that body succeeded in extending the royal Juris- diction at the expense of the indoiiendence of the vainly resisting feudatories/ All these were the works of men deeply imbued with the spirit of the resuscitated Jurisconsults of Rome. Their labors bear testimony rather to the influences at work to overthrow the institutions bequeathed by the barbarians to the Middle Ages, than to a general acceptance of the innova- tions attempted. Their authority was still circumscribed by the innumerable Jurisdictions which yet dcfled tlicir gradual encroachments, and wliich resolutely maintained ancestral customs. Even an occasional instance may be found where the central power itself ix3rmitted the use of compurgation, showing how difllcult it was to eradicate tlio prejudices transmitted tlirougli ages from fatlicr to sou, In the ** Otlm,' or rMordi of tho Parl«inent of PurU from 1254 to 1318, I esn And bnt two instanoot in whioh coupurgailon woa required — one in 1 279 si Noyon, and one in 1284 at Compidgne. Af innumerAbte deoifioni are given^of eaeei in whioli iU einptoymeni would liave been equally appropriatoi iheie two ean onlj be regarded aa eioeptional, and the inferenoe is fair that fome looal ouatou rendered it itnpowiblo to refuse the privilege on theie tpeelal oooasiona. (Ollm, II. 153, 237.) A noteworthy inttanee of iti employment ooourred in 1234 at the Diet of Frankfort, in the pretence of Henry VII., ton of that FrederiolL II. whom we have teen ditoountenanoe itt ute in hit Neapolitan lawt. When ihe fear- ful perteeutiont initigated by the grand inqnititor, Conrad of Marburg, drew to a elote, the latt of hit intended viotimt, the Counts of Seyne and Solmt, eleared themtelvet before the king of the charge of herety with oompurga- torial oatht in which eaoh wat tupported by eight bithopi, twelve Cittercian abboli, twelve Franciscan and three Dominican friart, and a large number of Benedictine abbots, elerkt, and noble laymen. (Hartshelm OoncU. Ger- man. III. 649.) TnS FOVRTESNTH OENTUBT. 59 and that the policy adopted by St. Louis and Philippc-lc- Bcl, aided l>y the shrewd and energetic civil lawyers who assisted thciu so ably, was not in all eases adhered to. Thus, in 1808, a powerful noble of the court of Philippe-lo- Bel was accused of a foul and treacherous murder, which a brother of the victim offered to prove b}^ the wager of battle Philipiio was endeavoring to abolisli the Judicial duel, and the accused desired strongly to escape the ordeal. He was accordin^y condemned to clear himself of the imputed crime, by a purgatorial oath with ninety-nine nobles, and at the same time to satisfy the fraternal claim of vengeai^ with an enormous fine* — a decision which offers the best practical commentary on the degree of faith reposed in this system of purgation. Even the Parlcment of Paris in 1853 and a rescript of Charlcs-le-Sage in 1857 allude to compur- gation as still in use and of binding force.* It was in the provinces, however, that the system mani- fested its greatest vitality, protected both by the stubborn dislike to innovation, and by the spirit of indeixsndenco which so long and so bitterly rcsistecl the centralizing efforts of the crown. The Roman law concentrated all ]>ower in the ])erson of the sovereign, and reduced his subjects to one common level of implicit obedience. The genius of the barbaric institutions and of feudalism local- ized power. The principles were essentially oppugnant, and the contest between them was prolonged and confhsed, for neither party could in all cases recognize the ultimate result of the minuter points involved, tliough each was fully alive to the broad issue of the struggle. IIow obstinate was the attachment to bygone forms may be understood, when we see even the comparatively * SUtvuni ... to nana eentesima nobiliam se pnrgare, ot nd h«o bcno- ilieto JflToni bli •eptoin Hbrornm milia pro sal rAneorb wiisfacUoDO pr»- MBlara. — Wilelmi Egmond. Cbron. * Ii f\|al reus paUtor torila mann so pargabli, inlor qnos slot dao qui dlecnUir dooominAti. — IHi Cnngc •. v. JHramentnm, 00 T118 WAUKli OV LAW. precocious ctvilizntioii of a city like Lillo preserve ilio eompiirgntorial oath as a regular procedure until tlie uiiil- dlo of the fourtecntli century, even thougli llie progress of enliglitcnment Imd long rendered it a mere formality, witli- out serious meaning. Until the year 1351, the defendant in a civil suit was obliged to substantiate tlie oatli of denial with two conjurators of the same sex, who swora to its truth, with some slight expression, indeed, of reserve.' The minutest regulations were enforced as to this'Arcmon}', the iK)sitiou of every finger being determined by law, and tlipugh it was the veriest formality, serving merely as an introduction to the taking of testimony and the legal exa- mination of the case,* 3'et tlie slightest error committed by either party lost him tlie case irrecoverably.' Normandy was even more faithful to the letter of the ancient traditions. The Coutumier in use until the revi- sion of 1583 under Henry III. retains a rcmimnt of the practice under the name ofdeareiie^ by which, in questions of little moment, a man could rebut an accusation with two or four compurgators, even when it was sustained by wit- nesses. The foim of procedure was identical with that of * Bt U dofftnUans, loar qui on a olamei m doit deffendro par lul ttoroho main, 10 obou eti bom II. bommei ot lai, m obon eit fomo II. Ibmmas at H Ik ilerobo. . . . ** Tel tiermont quo Jebani cbi jura boin •ierment yjura aa mion ontlent. 81 inait Dim ei oblii Baini.'-— Roisin, Franobiooc oto. do la Villo do LiUo, pp. SO, 85. Ibid. p. 61. Tbo syttem wo« abrogatod bj a mnnieipal ordinanoo of Soptombori 1361, in accords nco witb a speoial ordonnanco to that effooi issued bj King Jobn of Franoo in Marcb, 1360. * Tbo royal ordonnanoo deolores tbai tbo oaib was 'on langago ostraigno oi do mos dlvors ot non do logior a reionir ou prononcbior,' and yet ibai if tiibor party ' par quoloonquos maniero fuloit on fourmo ou on langago ou quo par fragiliio do langbo, buirans ou, so parollo faulsist ou oubvlbisi, ou osiovast so main plus quo li dito manioro aooustumoe on roqueroii ou quelle no tonisl formement sen poeb on so paulmo ou no wardast oi mainlonist pluisours auiros frivolos oi vaines cboses ei manioros apparionans au dli siermoni, solone lo loy do la dito vUle, iaat em parole oommo en faii, il aToii dtt toui sa oauso perdue, no depnis nesioii recbns snr obe li demanderes a ololm ou ooroplainte, no li deffenderos a deflrensoo.''Ibld. p. SOO. b£aBN — SPAIN. 61 old, and the oath, as we have already seen (page 44), was an nnqnalifled assertion of the tmth of that of the accused.* Practically, however, we may assume that the custom had long grown obsolete, for the letters patent of Henry III., ordering the revision in 1577, expressly state that the pro- visions of the existing laws ^'cstoicnt la plnspart hors d'usnge et pcu ou i)oint entcndu des habitants du pays;" and that compnrgatlon was one of the forgotten formulas may fairly be inferred from the fact that Pasqnier, writing previous to 1584, s]^)caks of it as altogether a matter of the past.* The fierce mountaineers of Bdam were comparatively inaccessible to the innovating spirit of the age, and pro- served their feudal independence amid the progress and re- form of the sixteenth century, long after it had become obso- lete elsewhere throughout Southern Europe. Accordingly, we find the practice of compurgation maintained as a regular form of procedure in the latest revision of their code, made by Henry II. of Navarre in 1561, which continued in force until the eighteenth century.' The influence of the age is shown, however, even there, in a modification of the oath, which Is no longer an unreserved confirmation of the prin- cipal, but a mere affirmation of belief.* In Castile, a revival of the custom is to be found in the code compiled by Pedro the Cruel, in 1356, by which, in certain cases, the defendant was allowed to prove his inno- cence with the oath of eleven hidalgos.* This, however, is ' Ane. OofiloBe de MonDMidK ehap. Ixxzt. (Bonrdol d« Riehtboarg, IV . * R««h<»r6het do la Franee, LIt. it. ebap. ill. Coneornlng the date of tbi, tee Jm Croli do Maine, t. t. Eitienns Pa$qu9er, Fort ei Coffi. do D^trn, Rabr. de Jaraments (Boardot do Riobebonrg, IV. lOSl). * Lo Jarament dev segnldo so 96, Jobav pbr aquota laDeta bertat dllt ezi quo io erey. * B af gelo negaro o non gelo quiiter prober, derel' fiieer salro oon once FIJoadalgo o hi doceno, qao non lo llfo. — (Fuoro Virjo do CastUla, Lib. I. 6 K'i JHE wxazK or law, 0^ m^ii itk ^/pf^/ilioo to the eflbrU made a eeniaij eariier, r^ A»U/u^ Ute WlMe in the PartkUs, to enforce tlie pris- ^A^.^!n fA X\^, Ki>firian jnrinprudeDce, ADd U so cootiaij to iA^ i^r»t of the i}rf\eA\%nkueDXo de Alcala, whk-h eontinocd m iSr/f/;!^ nrntil the fifteenth centorj, that it can onlj be le-, $^$\h\ M0 a tentattire innoration, of mere temporarj Tali> 4.t/< TM }(fnX\tem tmceB restated more obdmatdj the advaiieea #vf th^ fmitmntttitd inlloenee of Rome. Though we have seen kf^/UftU.k I L ofriitf ing all notice of compurgation in the code $a^%f%t^A it0f his Neapolitan dominiona in 1231, he did not %i.tMfi%\A^ Up al#rogate It among hia German aubjecta, for it ia ai I f «/M to in a charter granted to the city of R^;cnsbnrg in ll'//h* Tlie ^Hficculam Hucvicum/' which during tlie thir- UAttih aiid fr/firteenth centuries was the municijMd law of ^/Tith^n Oe.nntiuyf directs the employment of conjnrators hk rufU^M classes of actions which do not admit of direct UfHtmmty,* iiow thoroughly it remained a portion of ihe f^^f$^f&/M4l system of legal procedures is ovidcut from a #'^/fistttfiU#/n issfiC4l by Charles V. in 1548, wlicreiu its use Is MtjoUu'A in doubtful cases in a muuucr to show that it was an existing resource of the law, and that it retained its hold upon public confidouce, although the conjurators wsfs irtt\y re<\|ulred to swear as to their belief in the oath of tlM;ir prlm:ipal." In H^^Hland, even as late as the middle of the fourteenth fj^ntfiry, Its ami is proved by a statute which provides that Tit. f, h 19.) li will b« obMrY«d thai this if an unqoaUfifd rcoogniUon of ilf« nyiiUm ttf n^gBtift pruofi. ' f>u ihng»t t. ¥. Juramtutum. Juf. Vruvin. AiMami. onp. xxlv. ; eeeit, f 4,* ooezzlz. H ^i ^i oeozzziz. M' ' SWfU* •MtiiAim UinU M iADi gravl iiufpUlone lAboraret at aliornm quoqu* pursAiWiie OMfMHi«M«t, in ttrbltratu •Utjudioli, tlbi emn velitinJuiiKere, neo nti i\|til nlnlram oompttrgatorfiJnrAbunt, Moredcro quod illo illlvo qui m p«r Jsrsntiitsm tsouisrunt, rtot« v«rtqoo jarATerint. — Conitit. de Pam PublUA tAp. IT. i 1. (GoldAAl. OonsUt. Imp. I. 641.) DENMARK — 8WKDKN — POLAND. 68 if a thief escaped from confinement, the lord of the prison should clear himself of complicity witli the evasion hy the oaths of thirty conjurators, of Trhom three were required to be nobles.* I The Scandinavian nations adhered to the cnstom with even {greater tenacity. In the code of Ilaco Ilaconseni issued towards the close of the thirteenth century, it ap- pears as the basis of defensive procedure in almost all criminal cases, and oven in civil suits its employment is not unfrcqncntly directed, the number of conjurators being proportionc<1 to the nature of the crime or to the amount at stake, and regulations for administering the oath being given with much minuteness.* In Denmark) an allusion to it is found in 153t in the laws of Christiern III.,' and its vitality among the people is shown by the fact that even in 1683, Christiern Y., in promulgating a now code, found it necessary to formally prohibit accused i^crsons from being forced to provide conjurators.^ In Sweden, its existence was similarly prolonged. Directions for its use are con- tained in the code which was in force until the seventeenth century,* and it is even alluded to in an ordinance of Queen Christina, issued in 1G53.* It is not a little singular that the latest active existence of a custom which appears so purely Teutonic should be found among a portion of the Sclavonic race. In Poland, it is described as being in Aill force as late as the eighteenth century, the defendant being obliged to support his purga- torial oath with conjurators, who swore as to its truth.' ' Sifttat. DftTldi II. eap. I. i 6. * JarntMA, Mimnlielf* 4 Thlofii-Balkr \|MMim ,* BrabRtal osp. xx\t. ; LandRbrigiha^Bftlkr eap. xzrill. ; Rftn\|m-Bftlkr cap. ▼., Ix., ele. * Qh«M hj Thorpe, Aneieni Law9, ke., of BngliiBd, I. 38. * NMBini in eanw alU injaDgendam osi oi dnodeelm Tlrorom Jaranento M pargATO d«bMi.— Chrittiani V. Jar. Danio. Lib. I. e. xr. 4 8. * PoUHtqae m tane pargareeal erlrnon Imponliar jnraneaio XYIII. viro* r«ni. — Ragvald. Infernmnd. Leg. Saceornm Lib. i. e. ztI. * KBnIgffwarUr, op. eli. p. 168. * L«d«wlg. lUllq. M88. T. VII. p 401. 64 THE WAOKR OF LAW. The constitutional reverence of tlie Englishman for estab- lished forms and customs, however, preserved this relic of barbarism in the common law to a ix^riod later by far than its disappearance from the codes of nations regarded by Oreat Britain as her inferiors in progress and enlighten- ment. We have already seen iVom Glanville and Bracton that even in the twelfth and thirteenth centuries the ^^ wager of law," as compurgation was called, was practically of little importance, yet no effort was made to remove it by statute, and it long remained as a solecism in the English courts. The Fleta, which is about twenty-five years later than Bracton's work, gives directions as to its use, by which we learn that in actions of debt the defendant was only required to produce conjurators double in number to the witnesses of the plaintiff,* thus offering an immense premium on dishonesty and perjury. In spite of this, it remained an integral part of the law. Tlie ^^Termos de la Ley," compiled in the early part of the sixteenth century, states as the existing practice that ^'when one shall wage his law, he shall bring with him G, 8, or 12 of his neighbors, as the court shall assign him, to swear with him." Style's ^^ Practical Register," published in 1657, also describes the process, but an absurd mistake as to the meaning of the traditional expression "Jnrare manu" shows that the matter was rather a legal curiosity than a procedure in ordinary use; and, indeed, the author expressly states that the prac- tice having been ^'abused by the iniquity of the people, the law was forced to find out another way to do Justice to the nation." Still the law remained unaltered, and a case occurred in It 99 in which a defendant successAilly eluded the payment of a claim by producing compurgators who ^each held up his right hand, and then laid their hands upon the book and swore that they believed what the de- ' Ut li duos Tel trM UttM prodnzerit ad probandnm, oportot quod de- fenslo fl»l per qnaiaor Tel per aez ; lla quod pro qnollbet Uaia duoi produoal Juratorca uqne ad duodeeiin. — Lib. ii. e. Izlll. s. 10. THB B00LE8IA8TI0AL 0OURT8. 65 fendnnt Bwore Tiras trae." The court endeavored to preyent this farce, but law was law, and reason was forced to sub- mit. Even this did not provoke a change. In 1824, in the case of King v. Williams (2 Barnewall ft Crcsswell, 528), some black-letter lawyer revived the forgotten iniqpity for the liencfit of a client who could get no testimony, and demanded that the court should prescribe the number of conjurators necessary for the defence, but the court refused assistance, desiring to give the plaintiff the beneflt of any mistake that might be made. Williams then got together eleven conjurators, and appeared in court with them at his back, when the plaintiff, recognizing the futility of any further proceedings, abandoned his case in disgust. Still the fine reverential spirit postponed the inevitable innova- tion, and it was not until 1833 that the wager of law was formally abrogated by 3 and 4 William lY., c. 42, s. 13.* While the common sense of mankind was gradually elimi- nating the practice from among the recognized procedures of secular tribunals, the immutable nature of ecclesiastical observances prolonged its vitality in the bosom of the church. We have seen above that Innocent III., about the commencement of the thirteenth century, altered the form of oath from an unqualified confirmation to a mere asser- tion of l)clief in the innocence of the accused. That this at once became the standard formula in ecclesiastical cases is probable when we find it adopted for the oaths of the compurgators who, during the Albigensian persecution, were required by the nascent Inquisition in all cases to assist in the purgation of such suspected heretics as were allowed to escape so easily.' The practice thus commenced ' I ow* iliMe Tarioni rtferaneM to ft earlons \|»per in the London " Jmitt' for Mmreh, 18S7, tho wrltor of wbleh initiineoi the wag«r of Uw as an otI- doseo of "thiU Jealoos ftfloetloD and ilUal reTorenee whleh haTo eonreiiod o«r eodo Into a upoeiot of mnteam of antlqnci and legal earioiltlot." Whartont Iaw Lozieon, Sd ed., p. 768. Sgo talif jaro ... me flrmlier credere qnod tails non fult Ineabbatoi, 66 THK WAQER OF LAW. at the foundation of tlio Inquisition was persevered in by that terrible tribunal to the last. The accused against whom nothing could be proved was called upon to produce compurgators before he could be acquitted, and a failure to procure the number designated by the judge was equiva- lent to a condemnation.* This fearAil system of the pre- sumption of guilt, requiring the negative proof from the unfortunate wretch whom suspicion had deprived of his fHends, was continued in force until the final abolition of the Inquisition.* In the regular ecclesiastical courts, Lancelotti, at the end of the sixteenth century, speaks of compurgation as the only mode of defence then in use in doubtAil cases, where the evidence was unsatisfactory.' And amid certain orders of monks within the last century, questions arising between themselves were settled by this mode of trial.* Even in England, after the Anglican Church had received its final shape under Cranmer, during the reign of Edward YL, the custom appears in a carefully compiled body of ecclesiastical law, of which the formal adoption was only prevented accidentally by the untimely death of the young king. By this, a man accused of a charge resting on pre- sumptions and incompletely proved, was required to clear himself with four compurgators of his own rank, who swore, as provided in the decretals of Innocent III., to their belief in his innocence.* Vft1d«DfU, Tel pMiperum de Lngdnno . . . et oredo finiiU«r eum in boo JurMso Terani. — Dooirina do modo prooodendi contra Ilnroiicoi. (Mart, ei Darand. T.V. p. 1801.) ' 8i Toro Biifoiporol purgatlonem, oi in oa dofioerot, uU bBrolioni ottei oontondttf, oi pcBn» boroiiei subjaooroi.— (Villadlogo, Fuero Jusgo, 318i>.) Villadiofo wroto in 1600, and oTon ibo terror of tbo Holy Offieo could not proTonl biro from slifmatiting ibo systom — ''boo purgatio fragilii osi, pari- caloia ot o»ca atqao fallaz." * Da Oango, i. t. Purgaiio, * Inotltat Jar. Canon. Lib. ir. Tit. ii. i 2. * Da Oange, loo. cit * Bnmot, Reformation, Vol. I. p. 100 (Rd. 1C81). A00U8ATORIAL 00NJURAT0B8. 6T ** Though not strictly a portion of our subject, the question is not without interest oa to the power or obligation of the plahitifT or accuser to fortify his case with co^Jurators. There is little evidence of such a custom in primitive times, but one or two allusions to it in the '* Leges Barbarorum" show that it was occasionally practised. Some of the earlier texts of the Salique law contain a section providnig that in certain cases the complainant shall sustain his action with a number of co^jurators varying with the amount at stake ; a larger number is required of the de- fendant in reply; and it is presumable that the Judges weighed the probabilities on either side, and rendered a de- cision accordingly.* As this is omitted in the later revi- sions of the law, it probably was not widely practised, or rcgantcd as of much importance. Among the Baioarians, a claimant of an estate produced six conjurators who took the oath with him, and whose united efforts could be re- butted by the defendant with a single competent witness.* These directions are so precise that there can be no doubt that the custom prevailed to a limited extent among certain tribes, as a natural expression of the individuality of each house or family as distinguished from the rest of the sept. That it was, perhaps, more generally employed than the scanty references to it in the co<1cs would indi- cate may be inferred from one of the false decretals which Charlemagne was induced to adopt and promulgate. According to' this, no accusation against a bishop could be successful unless supported by seventy-two witnesses, all of whom were to be men of good repute ; forty-four were required to substantiate a charge against a priest, thirty- aeven in the case of a deacon, and seven when a member of the inferior grades was implicated.' Though styled wit- * Tit. Lxxir. of IIero1dt Uxt Cftp. ExtraTagaiii. No. xtiii. of Par- h. BaiMir. Ttt xri. eap. I. f S. " Caiiii. Car. Mag YI. ann. 806 o. zxHI. 68 THE WAOKR OF LAW. nesses in the text, the number required is so large that they could evidently have been only conjurators, with whom the complainant supported his oath of accusation, and the manufacture of such a law would seem to show that the practice of employing such means of substantiating a charge was familiar to the minds of men. In England, the Anglo-Saxon laws required, except in trivial cases, a ^^ fore-oath" Arom the accuser (forathj ante- juramenhim^pratjuramerUum)^ and William the Conqueror, in his compilation of the laws of Edward the Confessor, shows that this was sometimes strengthened by requiring the addition of conjurators, who were in no sense witnesses, since their oath had reference, not to the facts of the case, but solely to the purity of intention on the part of the accuser.* Indications of the same procedure are to be found in the collection known as the Laws of Henry I.' In an age of comparative simplicity, it is natural that men should turn rather to the guarantees of individual character, or to the forms of venerable superstition, than to the subtleties of legal procedure. Even as the defendant was expected to produce vouchers of his truthfulness, so might the plaintifriie equally required to give evidence that his repute among his neighbors was such as to Justify the belief that he would not bring a false charge or advance an unfounded claim. The two customs appear to arise from the same process of reasoning and to be identical in spirit, yet it is somewhat singular that, as the compurgatorial oath declined, the practice of sustaining the plaintiff's case with conjurators seems to have become more common. In * Bt H apelar Jnrra rar lai par VII. liiimeB namef, s«i ibU naio, qa« par haar &•! fait, d« par antor oboM, si pur laa dreii nan porghaoor. — L. Gttillel. I. eap. sir. * Omnii tibia iraoiotar anU-Jnramenio piano t«1 obtenrato.— L. Hanriol I. Til. Izif. f 1. Anto-Jaram«nto a eompallanU bab«atar, •! alter m ■ezto deoima lae parf etar ; ifoat aooaaator preoMMrit.— >Ibid. Tit. Uvl. «8. A00U8AT0RIAL 0ONJURAT0R8. 69 B^arn the laws of the thirteenth cetotury provide that in cases of debt under forty sons, where there was no testi- mony on either side, the claimant could substantiate his case by bringing forward one conjurator, while the defend- ant conld rebut it with two.^ In Germany, about the same iicriod, the principle was likewise admitted, as is evi- dent from the ^^Juramentum supermortuum" already re- ferred to, and other provisions of the municipal law.* So thoroughly, indeed, was it established that, in some places, in prosecutions for highway robbery, arson, and other crimes, the accuser had a right to require every individual in court, ftom the Judge to the sfXH^tator, to help him with an oath or to swear that he knew nothing of the matter, and even the attorney for the defendant was obliged to undergo the ceremony.' In Sweden it was likewise in use under the name of jeffniiecd,* In Norway and Iceland, in certain cases of imputed crime, the accuser was bound to produce ten companions, of whom eight appeared simply as sup- porters, while two swore that they had heard the ofTence 8ix>ken of, but that they knew nothing about it of their own knowledge — ^the amount of weight attached to which asseveration is shown by the fact that the accused only required two conjurators to clear himself.* Perhaps the most careAil valuation of the oath of a plaintiff is to be found in the Coutumier of Bordeaux, which provides that, in civil cases not exceeding four sols in amount, the claimant should substantiate his case by an oath on the Gospels in the Mayor's Court ; when fVom four to twenty sols were at stake, he was sworn on the altar of * For do MorlaM, Robr. zzzrlH. art. 98. * Jnr. ProTia. AImbmi. oap. eoolz. f 4. * Ibid. eap. oeozoTiiL ii 19, SO. * IHi Cango miU voes, ' Idoo manoi libro imponiraai noro, qaod ftadlrlmnt (erlnoB mmoro tpansm), ol nobis ifnoiam eti Toram lU neo ne. — Jamiida, Mannbelgo cap. zziv. TO TnS WAQEB OF LAW. St. Projet or St. Antoine; from twenty sols to fifteen livres, . the oath was taken in the cemetery of St. Seurin, while for amounts above that sum it was administered on the " Fort" or altar of St. Senrin himself. . Persons whose want of vera- city was notorious were obliged in all cases, however un- important, to swear on the Fort, and had moreover to provide a conjiirator who with an oath of equal solemnity asserted his belief in the truth of his companion.^ The custom of supporting an accusatorial oath by con- Jurators was maintained in some portions of Europe to a comparatively recent period. Wachter* prints a curious account of a trial, occurring in a Swabian court in 1505, which illustrates this, as well as the weight which was still attached to the oath of a defendant. A woman accused three men on suspicion of being concerned in the murder of her husband. They denied the charge, but when the oath of negation was tendered to them, with the assurance that, if they were Swabians, it would acquit them, they demanded time for consideration. Then the advocate of the widow stepped forward to offer the oath of accusation, and two conjnrators being found willing to supiiort liini, the accused were condemned without further exaiuination on either side. A similar process was observed in the Fehmgericht, or Court of the Free Judges of Westphalia, whose Jurisdiction in the fourteenth and fifteenth centuries became extended over the whole of Germany. Accusations were supported by conjnrators, and when the defendant was a Frei-graff, or presiding ofllccr of a tribunal, the com- plainant was obliged to procure seven Frei-schoppen, or free Judges, to take the accusatorial oath with him.' The latest indication that I have met with of established legal provisions of this nature occurs in the laws of Britanny, as revised in 1539. By this, a man claiming compensation ' BabanU. IUtm HUt de Droii. 1861, p. 611. ■ Do Bojf , Droit Orlmind des Ptuplot Mod«rnot, II. 605. " Frehcr. dt Scorct Judle. cap. zvii. f S6. BRITANNT. . 71 for property taken away is to be believed on oath as to hia statement of its value, provided he can procure companiona worthy of credence to depose '^qu'ils croycnt que le Jureur ait fait bon et loyal serment'" Even this last vestige dis- appears in the revision of the Coutumier made by order of Henry III. in 1580. ' Ane. Co«l. de Brodigne, Tii. Tin. arl. 108. II. THE WAGER OF BATTL'E. WncN man is emerging from barbarism, the struggle between the rising powers of reason and tlie waning forces of cre<hility, prcjadice, and custom, is full of instruction. Wise in our generation, we laugh at the inconsistencies of our forefatlicrs, wliich, rightly considered as i)ortions of the great cycle of human progress, are rather to bo resi)ected as trophies of the silent victory, pursuing its irresistible course by almost imperceptible gradations. When, therefore, in th« dark ages, we find the elements of pure Justice so strangely intermingled with the arbi- trament of force, and with the no less misleading appeals to chance, dignified under the forms of Cliristianized super- stition, we should remember that even this is an improve- ment on the all-pervading first law of brute strength. We should not wonder that barbarous tribes require to be enticed towards the conceptions of abstract right, through pathways which, though devious, must reach the goal at last. When the strong man is brought, by whatever means, to yield to the weak, a great conquest is gained over human nature; and if tlie aid of sui>erstition is invoked to decide the struggle, we have no right, while enjoying the result, to stigmatize the means by whicli Providence has seen fit to liring it about. With uneducated nations, as with unedu- cated men, sentiment is stronger than reason, and sacrifices will l)c made for the one which are refused to the other. If, therefore, the fierce warrior, resolute to maintain an 7 74 TUK WAQSR or BATTLK. injustice or a usurpation, can be brought to submit liis claim to the chances of an equal combat or of an ordeal, he has already taken a vast step towards acknowledging the em- pire of right, and abandoning the iMsrsonal independence which is incompatible with the relations of human society. It is by such indirect means that mere aggregations of individiAls, each relying on his sword and right hand, have been gradually led to endure regular forms of government, and, thus becoming organized nations, to cherish the ab- stract idea of Justice as indispensable between man and man. Viewed in this light, the ancient forms of i)roccduro lose their ludicrous aspect, and wc contemplate their whim« sical Jumble of force, faith, and reason, as we might the first rude engine of Watt, or the ^' Clermont" which pain- fully labored in the waters of the II udson— clumsy and rough it is true, yet venerable as the origin and prognostic of future triumphs. There is a natural tendency in the human mind to cast the burden of its doubts upon a higher power, and to relieve itself from the etibrt of decision by seeking in ni3'stery the solution of its dinicultics. From the fetish worship\|)ers of Congo to the polished sceptics who frequented tlie aalofi of Mile, le Normant, the distance, though great, is bridged over by this common weakness ; and whether the informa- tion sought be of the past or of the future, the impulse is the same. When, therefore, in the primitive mallumj the wisdom of the rachinborgs was at fault, and the absence or equal balance of testimony rendered a verdict dilllcult, what was more natural than to seek a decision by ap\|)eal- ing to the powers above, and to leave the matter to the judgment of Ood f ■ Nor, with the warlike instincts of the ' Thai, aa Inte aa tba thirteenth eentury, the manlcipal law of Southern Germany, tn preaerlbing the duel for caaea deatitute of teatlmony, aaja with a naive Impiety : ** Hoe Ideo ttaiatam eal, quod eauaa htoe nemini eognila eei quam Deo, eajoa eat eandem Jnate decidere.'* Logical enough, if the premlaea be granted ! Btob aa late aa 1617, Auguai Vieacher, in an elabo DI8TIN0T FROM THE MODERN DUEL. T5 rftcc, is it surprising that this appeal should be made to the Oo<l of battles, t^ whom, in the ardor of new and imperfect Christianity, they looked in every case for a spe- cial interposition in favor of innocence and Justice. The ctirions mingling of procedure is well illustrated in a form of process prescribed by the primitive Bavarian law. A man comes into court with six conjurators to claim an estate ; the possessor defends his right with a single wit- ness, who must be a landlioldcr of tlie vicinage. The claimant tlicn attacks the veracity of the witness — ^^ Thou hast lied against me. Grant me the single combat, and let Ood make manifest whether thou hast sworn truth or false- hood;'" and, according to the event of the duel, is the decision as to the truthfulness of the witness, and the own- ership of the property. In discussing the Judicial combat, it is important to keep in view the wide distinction between the wager of battle as a Judicial institution, and the custom of duelling which has obtained with more or less regularity among all races and at all ages. When the Horatii met the Curiatii, or when Antony challenged Octavius to decide the fate of the empire of the world witli their two swords, these were isolated pro\|K)sals to save the unnecessary effusion of blood, or to gratify individual hate. When the raffinS of the raU irmUiM on the JadieUl du«1, aipretsod fht Huna raHanea on tha dWina inUrp«»f liloa : Df i enim hoe Jndleiam dieUnr, soil Dao tmam, tannlDMida eonmiUliar, Dao Ij^Hnr aathora alngiilara hoe eerUman amelplaBdniB, nt JmIo Jsdialo adjntor fit, onnisqaa apas ad aolam rammflB proTidaDtiam THallaila rafaranda ait— (Viaehar Traat Jsria Dnalllei UnWarti, p. IM.) Th\» work is a moat curloua antabronbin. Vlaseher was a laarnad jarlaeon- •vll who andaaTorad to ravira tha Jadiolal dual In tha laTantaanib eantvr j hj writing a traailaa of 700 pagai on ita prinolplaa and praoUoa. Ha axhlblta Iha wida ranga of hia atadlaa bj eltAilona from no lata than aiz bondrad and •aranty-ona antbora, and managai to aonvaj an inaradibly imal! amount of information on tha ivbjaet. ' Mandaelnm Jnraaii oontra mo: iponda ma pngna daomm, ot manlfastoi Dana ai mondaeinm an roritatam Jnrastl. — L. Baloar. Tit. xti. e. I. f S. T6 THK WAOSR OF BATTLE. times of Ilcnri Quatro, or the modern firewater, wiiKss out some imaginary 'stain in the bloocl^of his antagonist, tlie duel thus fought, though bearing a somewhat closer ana- logy to the Judicial combat, is not derived from it, but from the right of private vengeance which was common to all the Teutonic tribes, and from the cognate right of i>rivate warfare which was the exclusive privilege of the gentry during the feudal period.* The established euphuistic formula of demanding ^^ the satis&ction of a gentleman,'' thus designates both the object of the custom and its origin. The abolition of private wars gave a stimulus to the duel at nearly the period when the Judicial combat fell gradually into desuetude. The one thus succeeded to the other, and, being kindred in nature, it is not surprising tliat for a time there was some conAision in the minds of men respecting their distinctive characteristics. Yet it is not difficult to draw the line between them. The object of the one was vengeance and reparation ; the theory of the other was the discovery of truth, and the impartial ministration of justice. It is easy to multiply examples illustrating this. John Van Arckel, a knight of Holland, followed Godfiey of Bouillon to the first crusade. When some Oerman forces joined the army, a Tyrolese noble, seeing Van ArckePs arms displayed before his tent, and recognizing them as identi- cal with his own, ordered them torn down. The insult was fiagrant, but the injured knight sought ho satisfaction for his honor. Laying tlie case before the chiefs of the crusade, an examination was made and both parties proved their ancestral right to the same bearings. To decide the con- flicting and incompatible claims, the Judges ordered the ' The •Arlj edIeU dlreetod agaliiii tii« dael prop«r (Ordonn. Obarlei IX., ftn. 1666; Henri IV., m. 1602— in FoniMon I. 005) roror •zolufivolj to ib« nobieiM, and to tliOM entlUed to bear arinf, m addlotod to tlio priioiice, while tlie jadieial combat, m we ihAll lee, wua open to aii ranki Mid waa enforoed indiicriminatelj upon all. KXAMPLBB OF THB JUDIOIAL DUBL. Yt jndiciAl combat, in which Ynn Arckel deprived his antago- nist of life and quarterings together, and vindicated his right to the argent 2 bars gules, which in gratitude to Heaven he bore for eight long years in Palestine. This was not a quarrel on a punctilio, nor a mode of obtaining redress for an insult, but an examination into a legal ques- tion which admitted of no other solution according to the manners of the age. When, after the Sicilian Vespers, the wily Charles of Anjou was sorely pressed by his victo- rious rival Don Pedro I. of Aragon, and desired to gain time in order to repress a threatened insurrection among his Neapolitan subjects, he sent a herald to Don Pedro to accuse him of bad faith in having commenced the war without defiance. The fiery Catalan fell into the snare, and in order to clear himself of the charge, which was not ill- founded, ho oflbred to meet his accuser in the champ^lon. Iloth parties swore upon the Go8\|)cls to decide the question by combat, a hundred on each side, in the neutral territory of Bordeaux ; and Charles, having obtained the necessary sus\|Xinsion of arms, easily found means to prevent the hostile meeting.* Though practically tliis challenge may differ little from that of Antony — ^its object in reality being the crown of the Two Sicilies — still its form and purport were those of the Judicial duel, the accused ofTering to dis- prove the charge of malh fides on the body of his accuser. So, when Francis I., in idle bravado, flung down the gaunt- let to Charles Y., it was not to save half of Europe fVom fire and sword, but simply to absolve himself from the well-grounded charge of perjury brought against him by the Emperor for his non-observance of the treaty of Mad- rid. This again, tlierefore, wore the form of the judicial ' ChroD. Domln. d« Arkel. (Maitli»l Analeel. VIII. »0). * lUmmi Manl«ii«r, eap. Izxi. — Nothing mor« romantio Is to b« fovad In ilin nnnnli of ebWnlry ihnn Mantfinert noeonni of Don Pcidro! ride to Bordonni, and npponraneo In iho llftn, where the eeneiehal wm annble to ganrantee him n f;«ir field. t* f8 THE WAOBU OF BATTLE. combat, whatever might be the motives of personal hate and craving of notoriety which influenced the lost imitator of the follies of chivalry.* The celebrated duel, fought in 154T, between Jamac and La Ghastaigneraye, so piteously deplored by honest old Brantdme, shows the distinction maintained to the lost. It was conducted with all Judicial ceremonies, in presence of Henry II., not to settle a iK>int of honor, but to Justify Jamac from a disgusting accusation brought by his adversary. Resulting most unexpectedly in the death of Ghastaigneraye, who was a favorite of the king, the monarch was induced to put an end to all legal- ized combats, though the illegal practice of the private duel not only continued to flourish, but increased beyond all precedent during the succeeding half-century — Henry lY. having granted in twenty-two years no less than seven thousand letters of pardon for duels fought in contraven- tion of the royal edicts. The modem mode of obtaining ** satisfaction'' is so repugnant to the spirit of our age that it is perhaps not to be wondered at if its advocates should endeavor to afliliate it upon the ancient wager of battle. Both relics of barbarism, it is true, drew their origin from the same habits and customs, yet they have coexisted as separate institutions ; and, however much intermingled at times by the passions of periods of violence, they were practised for different ends, and ^ere conducted with dif- ferent forms of procedure. Our theme is limited to the combat as a Judicial process. Leaving, therefore, untouched the vast harvest of curious anecdote afforded by the monomachial propensities of modem times, we will proceed to consider briefly the his- tory of the legal duel from its origin to its abrogation. Its medifeval panegyrists sought to strengthen its title to respect by affirming that it was as old as the human race, and that Gain and Abel, unable to settle their conflicting * Da Ballaj, Mtfmolrei, LIv. III. ITS ANTIQUITY. 19 claims in any other mode, agreed to leave the decision to' the chances of single combat ; but we will not enter into speculations so recondite. Unknown as was the Judicial duel to the races of classical antiquity, or to the ancient civilizations of the East, and confined to the nations of modem Euroi)c, it is not a little singular that the custom should have prevailed with general unanimity from Sparti- vcnto to the North Cape, and that, with but one or two exceptions, all the tribes which founded the Euroixsan states should have adopted it with such common sponta- neity that its origin cannot be assigned with certainty to any one of them. It would seem to have been everywhere autochthonic, and* the theories which would attribute its paternity especially to the l^urgundians, to the Franks, or to the Lombards, are equally destitute of foundation. The earliest allusion to the practice occurs in Livy, who describes how some Spaniards seized the opportunity of a gladiatorial exhibition held by Scipio to settle various civil suits by combat, when no other convenient mode of solu- tion had presented itself;* and he proceeds to particularize a case in which two rival cousins decided in this manner a disputed question in the law of descent, despite the earnest remonstrances of the Roman general.* This could hardly have Iwcn a prevailing custom, however, among the abo- rigines, for Civsar makes no mention of it among the Qauls, nor docs Tacitus among the Germans ;* and their silence on ' Qattlem litoi qvsf cliseeptan<loflnire neqularant aai nolaerant, paeto inter •• «i riolorem rtt leqaeretnr, farro deoraverunt. — Lib. zztii. eap. xx\. * Mee Alivm daornm hominuiBTa qnam Martam n Jndioam habiinros asaa. ' A pawaga in the *I>e Moribui Garmanin,' cap. z., ia eommonly, bnt •rrenaonaly, qaolad as thowing iba azistanoa of iba dna! as a means of evl- danea among Uia Germans. When aboat io andariake an importani war, one of Iba enemy was eapiared and obliged to Aght with a chosen ebamplon, an aagorj being drawn from the resnlt as to the event of the war. There la a vast difference, howerer, between a special omen of the ftitnre, and a proof of the past In the dally affairs of life. Da Canga quotes an expression from Patercalus to show that the Jadieial 80 THB WAQBR OF BATTLS. 'the subject must be accepted as condosive, since a system so opposed to the principles of the Roman law could not have -failed to impress them, had it existed* Yet in the fourth century, an allusion which occurs in Claudian would seem to show that by that time the idea had become fiuniliar to the Roman mind.^ ]f the fabulous antiquity attributed by the early his- torians to the Danish monarchy be accepted as credible, a statement may be quoted from Saxo Qrammaticus to the effect that about the Christian era Frotho III., or the Great, ordered the employment of the duel to settle all contro- yersies, preferring that his subjects should learn to rely on courage rather than on eloquence ;' and however apocryphal the chronology may be, yet the tradition shows that oven in those ancient times the origin of the custom was already lost in the night of ages. Among the Feini or ancient Irish, the custom undoubtedly existed in the earliest periods, for in the Senchus Mor, or code compiled under the super- vision of St, Patrick, there is an allusion to a Judicial combat long previous, when Conchobar and Scucha, father of Brigh, first decreed that a delay of five days should take place in such ainiirs.* At the time of the conversion app««l to the iword wm oottomary among the GermanB, but, although I am dlffidont indiiMiitlngfrom lo abiolata an authority, loannot lee tveh moan- ing in tho pamago. Patorealos merely sayi (Lib. ii. oap. ezTlil.)f in doiorlb- Ingtho itratagemiwhioh lad to tho defeat of Vami, "at lolita armif dooorni Jure torminarentar." Taken with the eontezt, thii would appear to refor merely to the law of the f trongeit which preraiU among all aaTage tribes. ' Qoi male luipectam nobii Impeniiui arsit Vel leto purgare fldem : qui jndioe ferro Bilult Immeritum laadato sanguine erimen.— I>e Bell. Oetioo V. 591. " Do qnalibet Toro oontrorersla ferro deoernl sanzit, speeiosins Tiribua quam rerbis eonfligendnm existimans.— Saxon. Qrammat. Hist. Dan. Lib. j, * Senohus Mor L 251. ** Why is the distress of fl?e days always more usual than any other dis- tress ? On aooount of the oombat fought between two in Magh-inis. When they had all things ready for plying their arms, ezeept a witness alone, they met a woman at tbe plaoe of oombat, and she requested of them to delay, saying, ' If it were my husband that was there, I would compel yon to delay.' THB FRANKS. 81 of Ireland, therefore, the dud was an anecstral right firmly cfltnlilished, and Bnbject to precise legal regulations. So general was it, indeed, that St Patriclc, in a council held in 45r>, was obliged to forbid his clergy from appealing to the sword, under a threat of expulsion from the church.* Towards tlie end of the same century, King Qnndobald cau8c<l tlie laws of the Bifrgundians to be collected, and among them the wager of battle occupies so conspicuous a place thatit obtainctl in time the name of Lex Gundebalda or liOy Uombette, giving rise to the belief that it originated with that race. In the ordinary texts of the Salique law, no mention is made of it, but in one manuscript it is alluded to as a regular form of procedure.' This silence, however, does not Justify the conclnsion that the battle ordeal was not practifKHl among the Franks. Enough instances of it are to lie found in their early history to show that it was by no means uncommon;" and, at a later period, the same almence of reference to it is observable in the Lex Emen- data of Charlemagne, though the capitularies of that monarch frequently allude to it as a legal process in general use. The off-shoots of the Salique law — ^the Rip- * I wMid delay,' mid one of lh«m, * bat it woold b« prvjndleial to th« man who sncf mo ; it If hto eaate that wonid bo delayed.* • I will delay,* laid the other. The eombat wa« then put off, bat they did not know till when it was \|iat off, anin Conehabhnr and Senoha pasted jndgment reepeotlng It ; and SeneUa asked, What is Uie name of this woman? <Caiothi* (Are), aaM she, ' Is ny name.* * Let the eombat be delnjed,* said Seneba, * In Uio name of this woman, for Are days.* From whieh is derlred Tho truth of the men of the Feini would have perished, had it not been for Ouiethl.' It b Driffh Uiat is here ealled Cuieihl.' ' Rebus sals elerioas illo solrat debllam ; nam si armls eompognaTorlt oam IIIa, merito extra eooleslam eomputetur. — Synod. 8. Patrioli, ann. 466, ran. Ytit. * Si tamen non pntnerlt ailprobare . . . . et posf ca, si ansns hierit, pvgnot. — T«eyden MR.— Cnplt. Bxtravaganl. No. xxviii. of PardoMUS. * Qnaw. Turott. Hist. Frano. Lib. vit. e. xlw, ; Lib. x. e. z. • Ximolni I^b. IT. 0. U. 82 THE WAGER OF BATTLE. uorian, Allomannic, and Bavarian codes — ^wliich wcro com- piled by Thierry, tlic son of Clovis, revised successively by Ohildebert and Glotair II., and put into final shape by Dagobert I. about the year 630, in their frequent reference to the ^^ campus," show how thoroughly it iMsrvaded the entire system of Germanic jurisprudence. The Lombards were, if possible, even more addicted to its use. Their earliest laws, compiled by King Rotharis in 648, seventy- six years after their occupation of Italy, make constant reference to it, and the strong hold which it then had on the veneration of the race, as an ancestral custom, is shown by the fruitless efforts of that legislator and his successors to restrict its employment and finally to abrogate it. Thus Rotharis forbids its use in cases of importance, substituting conjurators, with an expression of disbelief, which shows how little confidence was felt in its results even then by enlightened men.* The next law-giver, King Orimoold, decreed that thirty years' possession of either land or liberty relieved a defendant from maintaining his title by battle, the privilege of employing conjurators being then conceded to him.* In the succeeding century. King Luit- prand sought to abolish it entirely, but finding the preju- dices of his people too strong to be overcome, he placed on record in the statute book a declaration of his contempt for it and a statement of his efiTorts to do away with it, x while he was obliged to content himself with limiting the * QuU alMttrdum et inipoaiibU* rldeior eit* at torn grandb oauia fab ano Muto per pognam dlriniAiur.— (L. Longobard. Lib. ii. TU. U. H h >. 3.) How oompletalj ihU wm at Tarianea witb Iba eoatomf of tba Lombardi is •ridant from a oaio wbiob ooourred under bis imukediate predecessor Ario- Taldus. Tbat monaroh imprisoned bis queen Qundeberga, a MeroTingian princess, on an aocusation of oonspiraoj brought against her bj Adaluli; a disappointed suitor. When Glotair the Oreat sent an embassy to rescue his fair relatiTc, the question was decided by a single combat between the accuser and a champion named PItIo, and on the defeat of Adalulf, the queen was pronounced innocent and restored to the throne after a oonflnement which had lasted three years.— Almoini Lib. it. o. z. ' L. Longobard. Lib. ii. Tit. zzzr. H ^i &• TUB ANOLO-SAXONS. 83 extent of its application, and diminishing the penalties incurred by the defeated party.* The laws of the Angles, tlic Saxons, and the Frisians, likewise bear testimony to the nniversality of the custom.* Even among the Welsh it prevailed to a considerable extent, and though Hoel Dha, when he revised their code in 914, endeavored to put an end to it, he was unable to do so effectually. It is not a little singular that the duel appears to have been unknown among the Anglo-Saxons. Employed so extensively as legal evidence throughout their ancestral regions, by the kindre<l tribes from which they sprang, by the races among which they settled, and by the Danes and Norwegians who became incorporated with them ; harmon- ising moreover with their general habits and principles of action, it would seem impossible that they sliould not like- wise have practised it. Tlmt such was tlie case is one of tlie anomalies which defy si)ecnlation ; and the bare fact can only be stated that it is not referred to in any of the Anglo- Saxon or Anglo-Danish codes. There seems, indeed, to bo no reason to doubt that its introduction into English Juris- pnidcncc dates only from the time of William the Con- queror." ' OrftTif esnm nobto en* comfMiriiit, at tab ano loaio, per anom pagasm, omnem eaam lalMUnilHni bono amlitai. . . . Quia ioeeril tamai de Jadtelo Dei ; et maUot aadlvimas per pagnam line josia eaasa taam oaanam perdere. Fed propter connoetadinem gentiii nonino Longobardoram legem inipiam velare noa poeeomai. — (L. Longobard. Lib. i. Tit. ix. \ 23.) MnnitoH, bow- ever, flatce that the older M88. read • legem ietam/ in plaee of Impiam, at given fn the printed teste, wbieb would lomewbat wealcen the foree of Jjttil prendre eondemnation. * h. Anglior. et Werinor. Tit. i. eap. iii. and Tit. xy.— L. Saxon. Tit. XT.L. rririon. Tit. t. e. i. and Tit. xi. o. iii. A charter lapaed hj William, whieh appears to date early in hii reign, girce the widest latitude to the duel both for his French and Saxon sabjecte. — (I«. Oalllelmi Conqaest. ii. H I, 2, 3. Thorpe, I. 488.) Another law, how- ever, enabled a Norman defendant to decline the combat when a Saxon was epiiellani. ** 8i Franelgena appellaverit Anglum. . . . Anglns se defendat p«r qnod melins volaerlt, ant jadieio ferri, ant daello. ... 81 aatem An- glns Praneigonam appvllaverit et probare rolaeril, jodiolo ant daello, toIo 84 Tax WAQsa ov battlb. Tlio only other barbarian race among whoso hiws Uio battle trial found no place was the Gothic, and hero the ex- ception is susceptible of easy explanation. The ell'ect ui)ou the invaders of tlie decaying but still majestic civilization of RomCi the Byzantine education of Theodoric, the leader of the Ostrogoths, and his settled policy of conciliating the Italians by maintaining as far as possible the existing state of societyi preclude any surprise that no allusion to the practice should occur in the short but sensible code known as the ^ Edict of Theodoric," which shows how earnestly that enlightened conqueror endeavored to Aise the invaders and the vanquished into one body politic' With regard to the Wisigoths, we must remember that early conversion to Christianity and long intercourse with civilization had already worn off much of the primitive ferocity of a race which could produce in the fourth century such a man as Ulphilas. They were the earliest of the invaders who suc- ceeded in forming a permanent occupation of the conquered territories ; and settling, as they did, in Narbonensian Qaul and Spain while the moral influence of Rome was yet all powerful, the imperial institutions exercised a much greater effect upon them than on the subsequent bands of Northern barbarians. Accordingly, we find their codes based almost entirely upon the Roman Jurisprudence, with such modifi- cations as were essential to adapt it to a ruder state of society. Their nicely balanced provisions and careful dis- Um FrADolgenMB porgar m MorMnento non freeto."— (Ibid. iii. 4 It. ThorfM, I. 408.) Baob ImmttnUy Mtnif AflnguUr privUvg* for Ihegentrous Normfta blood. * An epbllo from Tboodorio to Ibo Gaaliib proTlnea, wbteb bo bftd jofi Addod io bis omplro, oongraiulatof tbom ob tboir reiurn to Roman Ibwi and ttitgot, wbiob bo ordon Uicm io adopt wilbout delay. Ita wbola tonor abowt bis tboroagb appraoiatlon of tbo soporiority of the Imperial oodes oTer tbo Ottstomi of tbe barbarians, and bis anxiety for setUed principles of Jorls- prudeneo. ' Jora piibliea eertissima sunt bnmonm viln solatia, inflrmorum aazllta, potentnm frena."— (Oassiodor. Variar. Lib. iii. Bpiri. zvii.) Variooa oiber pasMgea migbi bo eitod to tbe same efleot "Jura retemm ad noatrnm oupimoa reverentiam oustodiri,' * Ooleotamnrjure Romano ▼irere,"eie. THE WIBIOOTnS. 85 iinctions ofTcr a striking contrast to the shapeless legisla- tion of the races that followed, and neither the Judicial combat nor canonical compurgation found a place in them. Even the vulgar ordeal would appear to have been unknown until a ])criod long subsequent to the conquest of Aquitaine liy CMovis, and but little anterior to tlieir overthrow in Spain b3' the Saracens. Tliat this apparent exception to the prevailing customs of the barlmriaus was due, however, to Ihoir ncipiicscence in tlic enlightened zeal of their legis- lators, Tlieodoric and Alaric II., is rendered evident by passngcs in Cassiodorus, which show that the Qothic races originally followed the same practices as the other savage tribes.* Even as in Italy tlie Lombard domination destroyed tlie results of Theodoric's labors, so in France the introduc- tion of the Fraukish element revived tlie barbarian instincts, and in tlie celebrated combat before Louis-le-Ddbonnaire, between Counts Bera and Sanila, who were both Qoths, we find the ^^pugna duornm" claimed as an ancient privilege of the race, with the distinction of its being equestrian, in accordance with Qothic usages.* Nor was the wager of battle confined to races of Celtic or Teutonic origin. The Slavonic tribes, as they success- ively emerge into the light of history, show the same ten- dency to refer doubtful points of civil and criminal law to the arbitrament of the sword. The earliest records of ' In lencling GoIoimos to govern iba PanoonUn Ooiht, Tbeodorio argM pironKlj the abandontneni of ibe doe], sbowlog bow flrm a bold it liUI re- tained in thoffo portion! of Uie ra«e wbiob bad not been eiposed to the full eWUUing Inflneneesof Rome — '* Cur ad monomaebiam reonrrltisqnl ▼enalem jndkcm non habetU ? Deponlie ferram qui nonbabetli inlmioam. Penlma eontra parentef erigUls braehlnn, pro qaibna oonttat glorloee noriendum. Quid opim ett bomini lingaa, il eaomm manai agat amala ? ant nnde pax rrM» errditnr, pI Pub eivUiiate pngnatar?'* — Cautodor. Varlar. Lib. ill. Rpist. xxill. xxSv. * Brmold. Nigell. I>e Reb. aevt. Lndor. Pii Lib. tti.— Astron. YIt. Ladov. ril cap. xxxiii. So thorongbfy wu tbe guilt of Bera oonaidered as proved bj blp defeat In tbU eombat, tbai bis name became adopted In tbe Catalan dialect as synonjmons witb traitor.— Harea llispanica, Lib. in. e. 21. 8 86 THB WAQBR OF BATTLE. Ilungaiy, Bohemia, Poland, Scrvia, Silesia, Moravia, Pom- erania, Lithuania, and Russia present evidences of the pro- valence of the system.* Arising thus spontaneously from the habits and character of so many races, it is no wonder that the wager of battle, adapting itself to their various usages, became a pennanent institution. Its roots lay deep among the recesses of popu- lar prejudice and superstition, and its growth was corre- spondingly strong and vigorous. In this it was greatly assisted by the ubiquitous evils of the facility for perjury afforded by the practice of sacramental purgation, and it seems to have been regarded by legislators as the only remedy for the crime of false sweaiing which was every- where prevalent. Thus Gundobald assumes that its intro- duction into the Burgundian code arose from this ca^ se ; Charlemagne urged its use as greatly preferable to the shameless oaths which were taken with so much facility ;* while Otho II., in 988, ordered its employment in various forms of procedure for the same ixMison.* It can lianlly be a source of suqiriso, in view of the manners of tlio times and of the enormous evils for which a roniedy was sought, that the effort was made in this mode to impress uik>u * Ktfnlgiwarttr, op. oii. p. 224. ' MoUm in populo noairo et perTloaiiona eannntiain et onpldiUtif in- •tinelo lU oognoMimat depravarl, ui d« rcbni inoerili iftorftmeotam plerum- qa« offer* non dubitenl, et de eognlib jngitor p«rjarare," eto. — L. Bargnnd. TU. zlr. The remedy, howerer, would Mem to baTe prored inrafficient, for arabse- qnenl enaetment proridet an enormoui fine (800 lolidi) to be lerled on the witneiiei of a loiing party, by making them share In the punishment. 'Qoo faoiiina in poaterum ne qnis aodeat propria praritate mentire." — L. Bar- gnnd. Tit. Izzz. 4 2. The position of a witness in those unoeremonions days was indeed an nnenTiablc one. ' Ut palam apparet qnod ant ilic qnl ertmen ingerit, ant ille qnt Tnit so defendere, peijnrare se debeat. Melius wisum est ut In eampo oam fiiftlbua pariter oontendant, qaam peijurlom absoonse perpetrent. — Capit. Car. Mag. ez Lege Longobard. o, zzzlr. (Balute). « L. Longobard. Lib. ii. Tit. Ir. § S4. ITS UNIVBB8AL APPLIOATION. 8t principals and witnesses the awfnl sanctity of the oath, thns subjecting them to a liability to siipiH)rt their asseverations by an apix^al to arms nndcr imposing religions ceremonies. In tlie primitive codes of the barbarians, there is no distinction made between civil and criminal law. Bodily punishment l)cing almost unknown, except with regard to slaves, and nearly all infractions of the law being visited with fines, there was no necessity for such niceties, the matter at stake in all cases being simply money or money's worth. Accordingly, we find the wager of battle .used in- discriminately, both as a defence against accusations of crime, and as a mode of settling cases of disputed property, real and \|)ersonal. This gave it a wide sphere of action, which was speedily rendered almost illimitable by other causes. In its origin, the Judicial duel was doubtless merely an ex\|)cdicnt resorted to in the absence of direct or sulllcicnt testimony, and the Judges or rachinborgs were probably the arbiters of its necessity. Some of the early codes refer to it but seldom, and allude to its emplo3rment in but few cases. In others, however, it is appealed to on almost every occasion. Among the Burgundians, in fact, we may assume, from a remark of St. Agobard, that it superseded all evidence and rendered superfluous any attempt to bring forward witnesses.* If any limits, indeed, were originally imposed, they were not of long duration, for it was not dinicult to find exi^cdicnts to Justify the extension of a cnstom which accorded so perfectly with the temper of the age. now little reason was requisite to satisfy the bellige- ' That the SftUqne Uw, of hiui been Mid Hbore, hardly reeognim the eiittenee of the praettee. The Ripaarlan eode refers to it bnt foar tinee , that of the Al»miiDiii but eii timet, while it fair!/ briatlea throoghoat the eegnate legislation of the Baloarians. * Apnd qaomm legem non lioet disoassione not Teraelnm testimonto caasas terminare ; eo qnod libnerit, armis eomminarl liceat, ne inflrmior •va retinere ant reposeere aadeat, tanqaam Veritas armls manifestarl egeat. JAh. Adrersos Legem OnndobadI eap. z. 88 Tni WAOBB OF BATTLB. rent aspirations of Justice is shown by a curious provision in tlie code of one of tiie Frisian tribes, by wliicli a man unable to disprove an accusation of liomicido was allowed to charge the crime on whomsoever he might select, and then the question between them was decided by combat.* The mode, however, by which the duel gained its greatest extension was the custom of challenging witnesses. It was a favorite mode of determining questions of perjury, and there was nothing to prevent a suitor, who saw his case going adversely, from accusing an inconvenient witness of false swearing, and demanding the ^^ campus" to prove it — a proceeding which adjourned the main cose, and likewise decided its result. This summary process of course brought every action within the Jurisdiction of force, and deprived the Judges of all authority to control the abuse. That it obtained at a very early period is shown by a form of pro- cedure occurring in the Bavarian law, already referred to, by which the claimant of an estate is directed to fight, not the defendant, but his witness ;* and in 819 a capitulary of Louis-le-D^bonnaire gives a formal privilege to the accused on a criminal charge to select one of the witnesses against him with whom to decide the question in battle.* Nor was this merely a temporary extravagance. Late in the thirteenth century, after enlightened legislators had been strenuously and not unsuccessfully endeavoring to limit the abuse of the Judicial combat, the challenging of witnesses was still the favorite mode of escaping legal con- demnation.* Even in the fourteenth century, the municipal * L. Frieion. Tit. sir. \i, * L. Baioar. Tli. xti. cap. i. \ 2. * At si alia vioa doo rel trta onm da f nrto aoouia?arint, llcaat al unom as bla earn aonto at fuata in eampo oontandara. — (Caplt. Ludov. Pii ann. 810, cap. XT.) Wlian locli was tho liability impending orar witneMoi, it U aaay to under- atand why they ware required to eomo Into court armed, and to liave tlioir weapons blessed on the altar before giring testimony. If defeated, they were fined and obliged to make good any damage which their evidenoe would bare oaosed the other side. — L. Baioar. Tit. xvi. o. t. * Beanmanolr, Oontumes du Beauvoisis, ebap. Izi. \ 68. OnALLENQINQ OF WItNE88E8. 89 law of RhcimB, which allowed the duel between principals only in criminal cases, permitted witnesses to be indiscrimi- nately challenged and forced to fight, affording them the privilege of employing champions only on the grounds of physical infirmity or advanced age.* A still more bizarre extension of the practice, and one which was most ingeni- ously adapted to defeat the ends of Justice, is found in the English law of the thirteenth century. By this, a man was sometimes i)ermitted to challenge his own witnesses. Thus a thief on trial could always summon a " warrantor" firom whom he claimed to have legitimately received the stolen pro\|)erty, and if this warrantor declined to give the guarantee demanded of him, the accused was at liberty to prove his assertion by the duel ; while, if the guarantee was forthcoming, the accuser had the same right.* Another mode extensively used in France about the same time was to accu.se the principal witness of some crime rendering him incapable of giving testimony, when he was obliged to dis- pose of the charge by fighting, either personally or by champion, in order to get his evidence admitted.' It is not easy to imagine any cases which might not thus lie brought to the decision of the duel ; and the evidence of its universality is found in the restriction which prevented the api^earancc as witnesses of those who could not be com* pelle<l to accept the combat. Thus the testimony of women and ecclesiastics was not receivable in lay courts in suits where ap\|)eal of battle might arise;* and when in the * Lib. Prmti. da Comiitiad. Remenf. §4 14, 40 (ArehlTM LIgiclat. da lUint, Pi. I. pp. S7, 40). * Braelon. da Lagibos Angl. Lib. iii. Traoi. it. eap. zzivli. 4 6. ' BafwmMioir, ehap. tI. 4 19* * Ibid. obap. xxxiz. 4f 80, SI, 00. — Ataiiat da Janmalam eap. 100.— A •awawhai dmllar prinelpla it in forea in tha modarn jaripprudenca of Gbian* WoMan, partani ovar cigliiy or nndar ten yean of ago, and orlpplei who bara loal an •y or a limb ara antitlad to bnj themaalTaa off IVom poniibmant, •leapt in a few aaaat of aggravatad oriraa. Thay ara, tharafora, not allowed to appear as aeeoMn, baeanta thej ara enabled by tbia priTllega to aoeapa 8* 90 THE WAOEB OF BATTLE. twelfth century special privileges were granted by the kings of France empowering serfs to bear testimony in court, the disability which prevented a serf from fighting with a free- man was declared annulled in such cases, as the evidence was only admissible when the witness was capable of sup- porting it by arms.* The result of this system was that, in causes subject to such appeals, no witness could be forced to testify, by the French law of the thirteenth century, unless his principal entered into bonds to see him harmless in case of challenge, to provide a champion, and to make good all damages iu case of defeat ;* though it is difficult to understand how this could be satisfactorily arranged, since th^ penalties in- flicted on a vanquished witness were severe, being, in civil causes, the loss of a hand and a fine at the pleasure of the suzerain, while in criminal actions "il perderoit le cors avecques."* The only limit to this abuse was that wit- nesses were not liable to challenge in cases concerning matters of less value than five sous and one denier.* If the position of a witness was thus rendered unenviable, that of the Judge was little better. As though the duel had not received sufficient extension by the facilities for its em- ployment just described, another mode of introducing it in all cases was invented by which it became competent for the defeated party iu any suit to challenge the court itself, and thus obtain a reversal of Judgment at the sword's point. Towards the end of the twelfth century in England, we find Glanville acknowledgiug his uncertainty as to whether the court could depute such a quarrel to a cham- Ihe peoAlUtf oflUM wiiDMf.— Staanion, Ptnal Code ofCblna, 8«oto. S0-S8, and 839. ' Th» earliatt of these oharieri b a grant from Lonii-le-Groe In 1109 to the ■erfli of the ehureh of Parli, oonflrmed by Pope Patcal II. In 1113. (Balni. et Mansi III. 12, 62.) * Beaamanoir, ohsp. Izi. ^ 60. * Ibid. ohap. Ixi. ^ 67. « Ibid. ohap. zl. ^21. OHALLBNOINQ OF JUDGES. 91 pioii, or whether the Judge delivermg the verdict was bound to defend it personnlly ; and also as to what, in case of defeat, was the legal position of the court thus convicted of injus- tice.* These doubts would seem to indicate that the custom was still of recent introduction, and not as yet practised to an extent sufTlcicnt to afford a settled basis of precedents for its details. If so, it was not long in firmly establishing itself. In 1105, the customs of St. Qnentin allow to the disapiM>intetl i)leadcr unlimited recourse against his Judge.* Towards the middle of the thirteenth century, we find in the " Conseil" of Pierre de Fontaines the custom in its fullest vigor and Just on the eve of its decline. No restric- tions apiiear Ip be im^iosed as to the cases in which appeal by battle was permitted, except that it was not allowed to override the customary law." The suitor selected any one of three Judges agreeing in the verdict ; he could appeal at any stage of the proceedings when a point was decided ' " Carta • • . Uneiar kamen jndiolam man taeri por daaUam . . • Sed atraio earfa Ipsa tanaatar par aliqaam 4a aaria la dcfandera, Tal par allom extraBaam boa Sari poasit, qaaro." — (Da Lag. Angltn Lib. Tin. anp. is.) Tba rarali of a raTartal of jadgmani moii probably hava baan a baary flna and dapriTailoa of iba Jadieial fanotlon, saeb baing tba panaliy proTldad for iajaatlea In iba laws of Henry I.—' Qnl injnata Jodioabii, oxs to!, rant ail ai digalUtan jadlaandi pardal.'— (L. Hanriel I. Tit. ziil. f 4)— wbteb aeeorda nearly witb tba Franeb praatica In tba tima of Baaamanolr, as mantionad balow. It mast baboma in nind tbat, as iba dlspanKing of Jastioa was an attribnio of tba faadai nobility, iba Judges ware generally warriors (azeept tba royal Jadgas In England, wbo ware frequently ecoleslastics), and tbas tbese pro- eaedings ware not as extraordinary as tbay may at first sigbt appear to as. In Germany, wbara tba Judges of tba lower eourts were aleetiTe, tbey wero required to be aetive and Tigorons of body — *nee manlbas nee pedlbns oapius.'— (Jar. Provin. Alaman. oap. Ixviii. \ 6.) * Si ille eontra quern 6t Judiaium non eonaedit illnd Judielum, per eampnm at duellum potarit lllud eontradiaera Intra THIam 8. Qaintini, aontra illos qui Judiaium Ibaarint.— Cited by Marnier in bis edition of Pierre da Fon- Uinas. * Car pol prolltarolani las oostumas el pals, sil sen aoTenolt eombaire ; na d^poeior na las puat-om par bataillo.-^^diiion Marnier, ebap. xxti. Tit. xxxiL f 92 THE WAOEE OF BATTLE. against him ; if unsuccessful, he was only liable in a pecu- niary penalty to tlie Judges for tlie wrong clone them, and the Judge, if vanquished, was exposed to no bodily punish- ment.^ The villein, however, was not entitled to the privi- lege, except by si)ecial charter.* The universality of the practice is shown by the fact that it was for a long time the only mode of reversing a Judgment, and an apiMsal in any other form was an innovation introduced by the extension of the royal Jurisdiction under St. Louis, ^ho labored so strenuously and so effectually to modify the barbarism of feudal institutions by subordinating them to the principles of the Roman Jurisprudence. De Fontaines, indeed, states that he himself conducted the first case e^er known in Yermandois of an appeal without battle." At the. same time, the progress of more rational ideas is manifested by his admission that the combat was not necessary to reverse a Judgment manifestly repugnant to the law, and that, on the other hand, the law was not to be set aside by the duel. Twenty years later, we find in Beaumanoir abundant evi- dence of the success of S£. Tiouis in Hctling bouncls to the abuses which he wiui endeavoring to remove. The restric- tions which he enumerates are greatly more edlcacious than those alluded to by de Fontaines. In capital cases, the ' Chap. XXII. Tit. i. ri. rlH. x. xxwM zxzi.— '<Bi eertoi en fkoMmrai ne giii ne tI« no membra de oelaqni loni faoi^, en qneleonqne point que le fnnse- mentfoli raii,ot quele qne la qnerele tolt' — (Ibid. Tit. sir.) . If the judge was aooased of bribery, however, and wai defeated, he was liable to oonllMation and banlihment (Tit. zxri.). The Inereaeing sererity meted out to uarelene, Ignorant, or corrupt Judgei, manlfeita the powerful Influenee of the Roman law, whioh, aided by the actlTO etforte of legbti, was inflltrating the onstomary jarisprudenoe and altering Its oharaeter OTerywhore. Thus de Fontaines quotes with approbation the Code, De pcena jndicis (Lib. vii. Tit. zlix. 1. 1) as a thing rather to be desired than expected, while In Bcaumanolr we already And its proTislons rather exceeded than otherwise. ]>e Fontaines, chap; xxii. Tit. ill. " Ibid. Tit xxllL—Bt ce fu 11 premiers dont je oTsse onques parlor qui fhst rapeles en Vermandtis sans bataille. OnALLSNOINO OF JUDGES. 98 fipiKfil dul not He; whilo in civil actions, tlio suzerain before wliom the nppeal was made could refuse it when tlie Justice of tlic verdict was self-evident. Some caution, moreover, vrtkn requisite in conducting such cases, for the disap\|K)tnted ])leader who did not manage matters rightly might find him- self ]ilcdgcd to a combat, single-handed, with all his judges at once; and as the bench consisted of a collection of the neighboring gentry, the result might be the confirmation of the sentence in a manner more emphatic than agreeable. An important change is likewise observable in the severe jienalty imiK>sed upon a judge vanquished in such an ap- l)eal, being a heavy fine and deprivation of his functions in civil cases, while in criminal ones it was death and confis- cation — ^^W pert le cors et qnanques il a."* The king's court, however, was an exception to the gene- ral nde. No appeal could be taken from its judgments, for there was no tribunal before which they could be carried.* The Judges of the royal court were therefore safe from the necessity of vindicating their decisions in the field, and they even carried this immunity with them and communi- cated it to those with whom they might be acting. De Fontaines accordingly advises the seigneur Justicicr who anticiimtes the appeal of battle in his court to obtain a royal Judge to sit with him, and mentions an instance in which riiilip (probably Philip Augustus) sent his whole council to sit in the court of the Abbey of Corbie, when an appeal was to be entered.* By the German law of the same period, the privilege of ' Craianef dn BeaiiToliif, ebftp. Izl. ^ M, 46. 47, 60, 6S.~It should b« honi* in mind, however, ihfti DeimmAnoIr wm a rojftl haini, and the differ- ence heiween ihe "onfiiie de baitli' And the "aetleet dee ehevAliere" ii well pointed ont hj Deognot (Lee Olim, T. II. pp. xzx. xzzi.). Benamnaolr in ■MBj e«»ee evidently deneribei the law ei he would with It to he. Rl ponr ec ne Ten pnci favpner, enr len ne tronvefolt nie qni droit en MH eer Ii role ne Uent de nalvl fori de Dieu ei de Inj. — £ubli«enienle, T«iT. I. ehep. Iiiviii. ' CNinnril, rh. XMl lit. xii. « 94 TUB WAQBR OV BATTLB. rovcrsing a sentence by the sword existed, but accomiMinied with regulations which seem evidently designed to embar- rass, by enormous trouble and expense, the gratification of the impulse which disapiK)uited suitors would have to establish their claims in such manner. Thus, by the Swa- bian law, it could only be done in the presence of the sovereign himself, and not in that of the immediate feudal superior; while the Saxon code requires the extraordinary expedient of a pitched battle, with seven on each side." It is not a little singular that the feudal law of the same period has no allusion to the custom, all appeals being regularly carried to and heard in the court of the suzerain.* Apart Aom these side issues, the right of demanding the wager of battle as between the principals varied much with the age and race. When Beaumanoir composed his '^ Oou- tumes du Beauvoisis," in 1283, the practice may bo con- sidered to have entered upon its decadence; twenty years had elapsed since the determined efforts of St. Louis to abolish it ; substitutes for it in legal processes liad been provided; and tlie manner in which that enliglitcned jurist manifests his preference for peaceful forms of law shows that he fully appreciated the civilizing spirit in which the monarch had endeavored to soften the ferocity of his sub- 81 eonilngai nt de JatiiilA leiitoiiiin pagnandam ■it, UU pogna debet laititui ooram rege — (Jar. Provin. Alamen. oap. xelx. f 5). In a French venion of tbii oode, made probablj toward! tbe elose of the fonrteenlh oen- torj, the purport of thUi pafsage it entire! j changed. * * De chaeonn iagoinant ne poet Ian trover leanl ne certain oonsoil ei bien come per lo oouaoil do sages de la oort lo roi."— Miroir de Souabe, P. I. o. oxiii. {td. Matile, Neuf- ehatel, 1848). We maj hence oondude that by this period the oostom of armed appeal was disnsed, and the extension of the royal Jurisdiction was esUblished. * Jur. ProTin. Saxon. Lib. i. art. 18.— This has been qoestioned by modem oritios, but there seems to be no good reason for doubting its authority. The whole formula for the proceeding is given in the Riohstich Landrccht (cap. 41), a manual of procedure of the fourteenth century, adapted to the Baxou. oode. * Riohstich Lehnrecht, cap. xxvil. RSBTRIOTIONB ON THE DUEL. 96 jcctfl. When, therefore, wo boo in Bcaumanoir's treatise how few rofltrictionB exiBted in liis time, we may compre- licnd the previouB nniverBality of the ctiRtom. In criminal cascfl, if an acenscr olTerccl battle, the dcfcnclant was forced either to accept it or to confess his guilt, unless he could prove an alibi, or unless the accuser was himself notoriously guilty of the crime in question, and the accusation was evidently a mere device to shift the guilt to the shoulders of another; or unless, in case of murder, the victim had disculimted him, when dying, and had named the real criminals.* If, on the other hand, the accused demanded to wage his battle, the judge could only refuse it when his guilt was too notorious for question.' A serf could not challenge a freeman, nor a bastard a man of legitimate birth (though an api)eal of battle might lie between two bastards), nor a lci>cr a sound man.' In civil actions, the battle trial was not allowc<l in cases relating to dower, to or]>hans under age,* to guardianships, or to the equity of redemption afforded by the feudal laws to kinsmen in the sale of heritable property, or where the matter at stake was of less value than twelve denicrs.* St. Louis also prohibited the dnel Ixitween brothers in civil cases, while permitting it in criminal accusations.* The slendemess of these re- strictions shows what ample opportunities were afforded to liclligercnt pleaders. In Germany, as a general rule, either party had a right to demand the Judicial combat,^ subject, however, in practice ' CoatnoM dn BeMiToltii, ebap. Iii. 4 S ; ohap. ilUi. f 6. * IbM. eli«p. Iii. f S ; ehnp. xxxlx. S l^- * IM<1. eliAp. IxHL H 1, 2, 10. ' Tw«nlj-on« yMirt It the iig* mentioned hj St. Lonii m thni at whieh a man wm lUhte to be enlled upon to llghl.— Ktitblissemente, Llv. i. ebap. Izxiil., oxHL ' Contamee dn BeMiToiilii, ehftp. Uiil. 4f tl, 1$, 18. The denier wm the tvelflh part of the eolldnt or ion. * fEtablieeenente, hit. i. ebnp. oIztII. * Jnr. Prorln. Alnnnn. enp. eUrl. ff 13, S7; eap. elzzrli. 96 TUB WAQBE OF BATTLE. to several important limitations. Thus difTcrencc of rank between the parties afforded the superior a right to decline a challenge, as we shall see more Ailly hereafter.* Rela- tionship between the contestants was also an impediment,* and even the fact that the defendant was not a native of the territory in which the action was brought gave him the privilege of reAising the appeal.* Still, we find the principle laid down even in the fourteenth century that cases of homicide could not be determined in any other manner.* There were circumstances, indeed, in which the complain- ant, if he could bring the evidence of seven witnesses in his iavor, could decline the duel ; but if he chose to prove the charge by the combat, no examination or testimony was admitted.* Yet a general rule is found expressed to the effect that it was necessary only in cases where no other evidence was obtainable, when the result could be safely left to the judgment of Omniscience.* By the English law of the thirteenth century, a man accused of crime had the right of election between trial by jury and the wager of battle in doubtAil cases only. When a violent presumption existed against him, he was obliged to submit to the verdict of a jury; but in cases of suspected poisoning, as satisfactory evidence was deemed unattainable, the accused had only the choice between con- * At mltIj m the time of Frederio Barbaroita thU rule was lirloUj Uid down. '* 81 mUM adrenaa mlUtem pro pace yiolaia aui aliqua capiUU eauaa daoHam eommltUra Yolaorit, faoultai pugnnndi el non concedaiur nisi pro- bare possit quod antlqaitus Ipse ouin pareniibus suis nations legiiimns miles ezistoi.'— Feodor. Lib. ii. Tit. zzvli. S 8. Jar. Prorin. Alaman. oap. coolzzzvi. f 2. ' Ibid. oap. oozcii. f S. * Sed solas si de perpetrato bomioidlo agitnr, probationem sine daoUo non prooedere. — Riebstioh Landreobt, cap. zliz. * Jur. ProYin. Alaman. oap. oeolzzzvi. H 28, 20 (Ed. Sobilteri). * Illno perrenit disposliio de duello. Quod enim bomines non Tident Deo nihilomlnus notnm est opilme, undo in Deo eonfldere possumus, eum duellum seonndnmjus diremturum. — Jar. ProYin. Alanan. oap. elzvili. } 19 (Bd. Benokenberg). RS8TBI0TION8 ON THS DUEL. 9t fcssion and iho combat* On the other hand, when the appellant demanded the duel, he was obliged to make out a prolmble case before it was granted.* When battle had been gaged, however, no witlidrawal was permitted, and any comi>ORition between the parties to avoid it was pnnish- able by fine and imprisonment* — a rcgtdation, no doubt, intcndeil to prevent pleaders from rashly nudertaking it, and to obviate its abuse as a means of extortion. Any iNKltly injury on the ])art of the plaintiff, tending to render him less capable of defence or aggression, likewise deprived the defendant of the right to the wager of battle, and this le<l to such nice distinctions that the loss of molar teeth was adjudged not to amount to disqualification, while the alwence of incisors was considered sufficient excuse, be- cause tli03' were held to be im\|>ortant wca\|M>ns of offence.* Thus the knight who demanded that his antagonist should undergo the destruction of an eye to equalize the loss of his own, extinguished in the fight of Otterbourne, was strictly within the privileges accorded him by law. Not- withstanding these various restrictions, cases of treason were almost always determined by the judicial duel, ac- cording to both Glanville and Bracton.^ This was in direct * Bmeton. Llt>. iii. Tmet. U. e«p. 18. * Ibid, ea^ tS 4 1. ' 81 aatem nUrqa* defalUm feecrU, ct tMtAtam lU qaod eoneordail faeniBt, nl«r«\|ii« eapinlar, ei Ipul ei pleffli int In nlMrieordia.— Ibid. The oastom wllh regard to thii rerled greaUy leoording to loeal oflsge. Tb«i A eherier of the Coant of Forei in 1270 eoneedei the right of ATolding bettle, even at the leat moment, bj satinfjing the advemry, end peying a flne of pixtj poll.— Chart. Raynaldi Com. Forent. e. 4 (Bernard, Illat. d« Foret, T. I. Preavei , p. 25). Aeoording to the oaetomi of Lorrle, In 1166, If a eompoiitlon wai effected after battle had been gaged and before eecnrlty wai glren, eaeh party paid a flne of two tons and a half. If after ■eeurity wai pledged, the flne was Inoreesed to seven enae and a half —Chart. Lndor. Junior, ann. 1155, cap. xIt. (Tsambert, Anciennes Tjoii Fran^flises, I. 155.) * Braeton. Lib. 111. Tract. 11. cap. 24 f 4.— ilojnfmodi Tero den tee mnl- tarn adjnrant ad deTincendnm. * OltniW. Lib. XIT. cap. i.— Braeton. Lib. 111. Traot. it. eap. 3 4 1* Selet appellnm Utnd perdnellnm terminarl. 9 98 THE WAQBB OF BATTLE. oppoBition to the custom of Lombardy, where such cases irere especially exempted from decision by the sword.^ In B^am, the duel was i)ermittcd at the option of the accuser in coses of murder and treason, but in civil suits only in default of testimony.* That in such cases it was in common use is shown by a treaty made, in the latter part of the eleventh century, between CentuUa I. of B^ain and the Yiscount of Soule, in which all doubtfiil questions arising between their respective subjects are directed to be settled by the combat, with the singular proviso that the com- batants shall be men who have never token port in war. In the thirteenth century, however, a provision occurs which must hove greatly reduced the number of duels, as it imposed a fine of only sixteen sous on the paity who mode default, while if vanquished he was visited with a mulct of sixty sous and the forfeiture of his arms. In some regions, greater restrictions were imposed on the facility for such api>eals to the sword. In Catalonia, for instance, the judge alone hod the power of deciding whether they should b<2 permitted,* and a siniihir riglit wos reserved to the podcsto in a code of lows enacted ut Yerouo iu 1228.* This must often hove prevented the injustice inherent in the system, and on equally prudent reserve was exhibited in a statute of Montpellier, which required the assent of both parties.' On the other hand, in Normandy, at the com- mencement of the thirteenth century, many coses relating to real estate were exombied in the first histoncc by a jury * Non ait eonsneiudo Medlolani ni de felonia aui de infldeliUia pagnA flat ; lioet oonirariain sit, qaod praoiplt lex LongobMrdorum, ut d« infldeU- tato pagna ftftt.— Fendor. Lib. ii. Tit. xzxix. * For de Morlaaa, Hubr. zzzriii. zxziz. ■ Maroa, Hist, de Bdarn, p. 293 (Masure at Ilatoolet). * For de Horlaaa, Rubr. ir. ' LibeU. CaUlan. MS. (Dn Gange.) * Meo arbitrio determlnabo doellam, vel judioiom Jodioabo. — L. Manio. Veronenf. oap. 78 (Moratori Antiq. Ital. Diuert. 30). ^ SUtnt. Montiipeu. ann. 1204 (Da Cange). MINIMUM VALUE AT ISSUE. 99 of twclvo men, and if they failed of an unanimous yerdict, tlie qncstion was decided by the duel, whether the parties were willing or not.^ From a very early period, a minimnm limit of value was CfltaliliRhed, lielow which a pugnacious pleader was not a11owe<l to put the life or limb of his adversary in Jeopardy. This varied of course with the race and the period. Thus, among the Angli and Werini, the lowest sum for which the combat was permitted was two solidi,* while the Bai- oarians established the limit at the value of a cow." In the tenth century, Otho II. decided that six solidi should 1)e the smallest sum worth fighting for.* The laws of Henry I. of England decreed that in civil cases the appeal of battle should not lie for an amount less than ten solidi.* In France, Louis-le-Jeunc, by an edict of 1168, forbade the duel when the sum in debate was less than five sous,* and this remained in force for at least a century.' The custom * EUblineiiMiitf da Normaadie, passim (^ition Ifarnier). * h, Angllor. et Wtrinor. Tit. xr. Th« Tariftilons la th* oolnsg* mn fo BnBMrou and nnoeriaiiii that to expresi the raloes of the sol Idas or foa, at tho differeal periods aad among the dlflerent races enamerated, woold oeeapj too Biaeh space. la general terms, It maj be remarked that the CarloTlngian •olida* was the twentieth part of a poand of sllrer, and, aoeordlng to the researches of Oudrard, was eqnWalent in pnrchasing power to aboat thirty- six francs of mo<lern money. The mare was half a poand of silver. * L. Baioar. Tit. Tin. cep. II. 4 5; cap. ill. * h, Langohard. Lib. ii. cap. W. f 87. ' L. Ilearlel I. oap. 69. * Isambert, Ancieaaes Lois Fraa^alses, I. 161. This oecan in an edict abollshlBg saadry Ticloas easterns of the town of Orleans. It was probably merely a local regnlatlon, thongh it has been freqaeatly cited as a general law. * Lirres do Jostice et de Plot, LIt. six. Tit. xtII. f 3, and Tit. xzIL 4 4. See also a coatamier of Anjoa of the same period (Anciens Usages d' Aqjoa, 4 ».— Ifaraier, Paris, 1863). The "LiTre de Jostice et de Plet" was the prodactlon of an Ori6sanals, which msy aeconat for his afflzing the limit prescribed by the edict of Lonla* le^eaae. The matter was eridently regalated by local castom, since, as we hare already seen, his contemporary, Deanmaaoir (oap. Ixlil. f 11), I tweire dcnicri, or one son, as the minimnm. 100 THB WAOEB OF BATTLE. of Normandy in the thirteonth century specifics ten sons as the line of demarcation between the ^4ex apparens" and the ^4ex simplex" in civil suits,^ and the same provi- sion retains its place in the Ooutumicr in use until the sixteenth century.* In the Prankish kingdom of Jerusalem, the minimum was a silver marc' A law of Aragon, in 1247, places the lunit at ten sous.* By the criminal pro- cedure in England, at about the same period, the duel was prescribed only for cases of felony or crimes of importance, and it was forbidden in trifling misdemeanors.^ The con- temporary law of Qermany provides that in accusations of personal violence, the duel was not to be allowed, unless the injury inflicted on the complainant had been sufficiently serious to cause permanent maiming,* thus showing how thoroughly different in spirit was the Judicial combat fiom the modem code of honor which has been affiliated upon it. • No rank of life procured exemption from the duel be- tween antagonists of equal station. When in 1002, on the death of Otho III., the German throne was filled by tlio election of ITonry the Lame, Duke of liavaria, one of his disapiK>intcd coin[)etitors, llernmiin, Duke of Swubin, is said to have demanded that tlicir res[)ective claims should be determined by a Judicial combat, and the new king, feeling himself bound to accept the wager of battle, proceeded to the appointed place, and waited in vain for the appearance of his antagonist.' Thus the champion of England, who ■ Coit. L«g. NornM. P. ii. oap. zzi. f 7 (Lodewig, Rellq. M88. VII. 807.) TheJadgm«Dt of God wm ft-equenUy lijled "Lex apparent' or *parlbilU." Ano. GoaiiiiB. do Normandle, oap. 87 (Bonrdoi do Riohebonrg, IV. 55). * Assiiei do Jornaaleiii, oap. 149. * Lawt of Hootoar, by Don Jajmo I. (Do Cango g. t. Ihma), * Poiorit onim fiiotiim ono iU Ioto qnod non jaoobli appolium, ut li loYla trantgreosio lU, toI ti simploz injuria. — Braoton. Lib. iii. Traoi. ii. oap. 10 S 8. i^io oap. 23 4 S. * Ob alia autom Yninora baud ita graria, duoHum non pormiUitar. — Jar. ProTin. Alaman. oap. olxzii. } SO (Ed. Bonokenborg). ' DitbmariOhron. Lib. y. NO 0LAB8 BXSMPTBD. 101 flfvtircs in the coronntion pageant of Westminster Abbey, in a relic of the times when it was not an idle ceremony for the armed and mounted knight to fling the gauntlet and ])roclaim aloud that he was ready to do battle with any one who challenged the right of the new monarch to liis crown.* A striking example of the liability attaching to even the most exalted rank is afforded by a declaration of the privileges of the Puchy of Austria, granted by Frederic Barbarossa in 1166, and confirmed by Frederic II. in 1245. These privileges rendered the dukes virtually indeiKndent sovereigns, and among them is enumerated the right of emplojnng a champion to represent the reign- ing duke when summoned to the Judicial duel.* Even more instructive is the inference dcducible from the For do Morlaas, granted to his subjects by Gaston lY. of Bdani aliout the year 1100^ The privileges contained in it arc guaranteed by a clause providing that, should they be in- fringed by the prince, the injured subject shall substantiate his complaint by his simple oath, and shall not be com- INilled to prove the illegoltty of the sovereign's acts by the judicial combat,' thus indicating a pre-existing custom of the duel between the prince and his vassals. International litigation, even, was subject to the same arbitrament. Allusion has already been made to the chal- lenge which passed between Charles of Anjou and Pedro of Arngon, and other instances might readily l)o given, such as that of the Em\|)eror Henry III. and Henry I. of France during their interview at Ipsch in 1 050.^ These may I)er1iaps be regarded rather as personal than national quar- ' From Ui« tin* of Ifenry T., Ih« oflloe of king'f ehamplon wm one of lion<»r find digniij. (See Spelmmi^B Oloatnry.) * Infitipor pAlcfii idem Dnz Aoftriic, cam impngnAinii fnerit ab lUiqno de dn^tto, per iinnm idnnenm non in enormitniis maenlA detttniam irteM miM prorftt* tiippltre. — ConflH. Frid. II. ann. 1245, eap 9. (Ooldsat. ConM. Inp. I. S0.1 ) * Vnr do MnrliiNP, Rnbr. xxtI. * Ifiiml»i»rl. SchafTnnbtirK. ann. 105II. 9* 102 THB WAQBB OF BATTLE. rols, but that distinction does not apply to a case wliidi occurred in 1034, ^vhcn the Eraixsror Conrad the Saliquo endeavored to pacify the Saxon Marches. On inquiring into the origin of the mutual devastation of the neighbor- ing races, the Saxons, who were really in fault, offered to prove by the duel that the Pagan Luitzes were the aggrech sors, trusting that their Christianity would counterbalance the injustice of their cause. The defeat of their champion by his heathen adversary was, however, a memorable ex- ample of the impartiality of God, and was received as a strong confirmation of the value of the battle trial.* As regards the inferior classes of society, innumerable documents attest the right of peasants to decide their quarrels by the ordeal of battle. By the old Lombard law, slaves were allowed to defend themselves in this manner ;* and they could even en^ploy the duel to claim their liberty ttom their masters, as we may infer from a law of King Grim- oald denying this privilege to those who could be proved to have served the same master for thirty continuous years.' Similarly, among the Frisians, a lilua claiming his liberty was allowed to prove it against his master with arms.* The institutions of fcudulisni widened the distance between the different classes of society, and we have already seen that, in the thirteenth century, serfs were enfranchised in order to enable them to support their testimony by the combat ; yet this was only the result of inequality of rank. In the time of Beaumanoir (1283), though an ap[)ctd would not lie from a serf to a freeman, it may Ih) safely inferred from the context that a combat could be legally decreed between two serfs, if the consent of their masters wera obtained,' and other contemporary authorities show that a ■ Wippo. Vit. Ghttnradi Salioi. * L. LoDgobard. Lib. i. Tit. »t. f 49. Sarriu ejai tunc per pugnam aai per lAeranieniam le defendat li poiaerii. " Ibid. Lib. 1. Tii. iz. 4 S8. * h, Frifion. Tit. xi. onp. iii. * CoaUmet da BeaaToi«is, oap, Iziii. f I> DIFFSBENOE OF RANK. 103 man claimed as a serf could defend his freedom with the sword against his would-be master J Even Jews were held liable to the appeal of battle, as we learn from a decision of 120Y, preserved in an ancient register of assizes in Nor- mandy,* and they no doubt purchased the exemption, which was granted them, except in cases of flagrant murder, by . rhilipi)o-lc-Long, as a special favor, in 131 Y.* Dilfcrcnce of condition thus became an impediment to the dud, and formcil the subject of many regulations, varying with circumstance and locality. The free mountaineers of ]kani, as has been seen, placed the prince and the subject on an equality before the law, but this was a rare example of independence, and the privileges of station were some- times exhibited in their most odious form. In France, for instance, while the battle trial could take place between the grntilhomme and the vilain^ the former was secured by the distinction that if the villein presumed to challenge him, he enjoyed the right of fighting on horseback with knightly weapons, while the challenger was on foot and armed only with shield and staff; but if the gentleman condescended to challenge the villein, they met on equal terms. In Ger- many, where the minute distinctions of birth were guarded ' Urref <!• Jottioe •% da Plet, LIt. xix. Tit 13. — AbnegarU 00 ctte Nrmm B. llarUfil, •% de hoe arrMnlrH b«Uam oontrft not.— Tabal. VlBdoelnraf, •ftp. IM (On Ciiim;, ■. r, udramif). Andiwfl d« rEehk\|iii«r de Normandle, \|>. 114 (Marnier). ' Iiiiart^re, Table Cliroii. des Ordonnaneei, p. 105. * Beaamasoir, op. elt. eap. Izi. H 9, 10.— ^toblifMrnenle de 8. Lonle, Lir. I. ebap. Izzxii. — Pierre de Foniainee, however, repndialet this bar- barottt eaeton In eatct of appeal, and direeU iha( the combat eball take plaee on foot between ehampione — (Coneeil, ehap. xxi. Til. xiv.). Bean- maaoir menllone a e«»e whieh ehowg thai prnotiffal joHiee was not nn- freqnenllj enforred wlihoat ceremony. A gentleman challenged a rotnrler, and preeented himnelf in the arena on horseback with his knightly arms. The defendant reclaimed against the injustice, and the judges decided that the gentleman forfeited his horse and arms, and that if he desired to aecom- plifh the combat he mopt do to In the condition in whieh he was loll bj tho dt«armamenl— in his shirt, wllhont weapon or shield* while his adrerMry re- l«inr«l hip coat nf mell, InrnrI, end eliib. — (Oonl. dc IleanTiii. cap. Ixlr. \ X) \ 104 Tns WAOEn of battlb. "with the most jealous care from a very early period, the laws of the thirteenth century provide that a diflercnce of rank permitted the superior to decline the challenge of an inferior, while the latter was obliged to accept the appeal of the former. So thoroughly was this principle carried into practice, that, to compel the appearance of a Semper/rt^ or noble of sixteen quarterings, the appellant was obliged to prove himself of equally untarnished descent.' In the same spirit, a Jew could not decline the api)eal of battle of- fered by a Christian accuser, though we may safely infer that the Jew could not challenge the Christian." So, in the Latin kingdom of Jerusalem, the Greek, the Syrian, and the Saracen could not challenge the Frank, but could not, in criminal cases, decline the challenge of a Christian, though they might in civil suits.' In Aragon, no judicial duel was permitted between a Christian and a Jew or a Saracen,^ while in Castile both combatants had to bo gentlemen, quarrels between parties of different ranks being settled by the courts.* There were three classes — ^women, ecclesiastics, and those suffering under physical incapacity — ^witli whom i)ersonal api)earance in the lists would appear to be impossible. When interested in cases involving the wager of battle, t;hcy were therefore allowed the privilege of substituting a champion, who took their place and did battle for the jus- ' Jar. ProTin. AlamanB. oop. oooIzizt. ff 14, 16 (Ed. SchilUr). Ae- oording to aome MSB., however, thii privilege or declining tbe ohallenge of »n Inferior wu noi allowed in onsef of hoinioide. — '* Ibl onim oor\|iiii eorpori opponiinr." — eap. lilt, f 4. (Kd. BonclLenberg.) On the oilier hand, a eonitUatlon of Frederio Barbaroeta, iwued in 1108 and quoted above, forbids the duel in capital caeeg, vnleei the advenariee are of equal birth. * Ibid. cap. oolviii. f SO (Ed. Bohilter).— We have already leen that the convene of thia mie waa Introduced in England, aa regarda queationa between Frenchmen and Bngliahmen, by William the Conqueror. * Quia anrien et grecl in omnibua aula cauaia, printer quam in criminalibaa ezcuaantnr a duello. — Aaalaea de Jemaalem, Baiaae Court, cap. SOO. * Lawa of IIoeMar, ann. 1247. (Du Gauge a. v. Toma.) * Laa Bieto Partidaa, P. vii. Tit. iii. 1. 3. WOMEN AS DUBLLI8T8. 105 iico of thoir cause So cnrefal were legislators to prevent any failure in the procedure prescril^ed by law, that the AsRiscs do Jcrnsalem ordered the suzerain to supply the cxiMuses for forty days, when a suitor unable to fight was alflo too \|K>or to pay for a champion to take his place; and when a murdered man left no relatives to prosecute the murderer, the suzerain was likewise obliged to furnish the champion in any trial that might arise.' Equally directed to the same purpose wns the Qerman law which provided that when a crippled defendant refused or neglected to procure a substitute, the Judge was to seize one-half of his property with which to pay the services of a gladiator, who could claim nothing more.* Women, however, did not always restrict themselves to fighting thus vicariously. The Qerman laws refer to cases in which a woman might demand justice of a man person- ally in the lists, and not only are instances on record in which this was done, but it was of sufficiently frequent oc- currence to have an established mode of procedure, which is preserved to us in all its details by illuminated MSS. of the period.* The chances between such unequal adversaries were equalized by burying the man to his waist, tying his left hand behind his back, and arming him only with a mace, while his fair opponent had the free use of her limbs and was provided with a heavy stone securely fastened in a piece of stuflT.^ ' AwlfM d« J6niml«m, eap. 366, 267. * 61 hoe fkmra non thH pftralytleas iUa, tune judex medlAiiU peeaiilA IMmljtlei, eamplofiem Aliqnem Adfoiieere debai, halo pftralytiena MmbMBi bononini dare debet, ei nibll ftmpllni. — Jar. ProTin. AImbuib. eap. Ix. 4 6. * Jar. Provin. AlamAnn. enp. eoxxix. f S. Tbli cbepter ii omUUd In Ibe French ven>Ioii of Ihe Speeolnm Suevlooni. * Konlgtwftrter, op. eU. p. SSI. — In meny plaeeep howoTer, erimei whieb a nan wei forced to dUproTe by combat, were rabjeet to the ordeal of hot Iron or water when the accnfe<l waa a woman. Tbna by the Spanlab law of the thirteenth centary " Mager . . aalTeae por flerro eallenle ; e at Taron faere te\|;ador . . aaWeae por lid.'* — Fuero de Baefa. (Vllladiego, Faero Ja«]{« fol. .117'.) 106 THE WAQBR OF BATTLE. The liability of ecclesiastics to the duel varied with the varying relations betMreen the church and state. As early OS the year 819, Louis-le-Ddbonnairc, in his additions to the Salique law, directs that, in doubtful cases arising between laymen and ecclesiastics, the duel between chosen witnesses shall be employed, but tliat when both parties are clerical it shall be forbidden.^ This restriction was not long ob- served. A decree of the Emperor Guy, in 892, gives to churchmen the privilege of settling their quarrels either by combat or by witnesses, as they might prefer ;* and about the year 945, Atto of Yorcelli complains that the tnbuuals allowed to ecclesiastics no exemption from the prevailing custom.* Yet so far was this from being deemed a hard- ship by the turbulent spirits of the i)criod, that clerks not unfrequently disdained to sustani their rights by the inter- vention of a champion, and, yielding to warlike aspirations, boldly entered the lists themselves. In 1080 the Synod of Lillebonne adopted a canon punishing by a fine such bel- ligerent churchmen as indulged in the luxury of duels without having first obtained from their bisliops a siMScial license authorizing it.* About the same i)erio(l, (leollVy, abbot of YendOme, in a letter to the Bishop of Saintes, complains of one of his monks who had fought in a judicial duel with a deck of Saintes.' The practice continued, and though forbidden by Pope Iimocent II. in 1140,* Alexander III. and Clement lA. found it necessary to repeat the pro- hibition before the close of the century,' and soon after- * Oapit. LadoT. PU I. ann. 810, cap. x. * Ughelli, T. 11. p. 122 (Da OaDg«). ' Addani iiuaper, qnoniam si aUquIi milltum saoerdotof ]>el in erlmine pulMYerit per pagnam sire singolari eeriamina ease deoernendam.— ]>e Pres- snris Eoeles. * Olerions ... si doellnm sine eplseopi lioenUa snsceperit . . . aut assullum feoerit, episoopis per peooniam emendetor. — Orderio. Vital. P. ii. Lib. v. o. 5. ' OolTrid. Vindooinene. Lib. iii. Episi. 39. " Da Oange. ^ Utolerioi non pttgneni in daello, neo prose pngiles inirodaceni. — Ctiron. 8. iBgid. in Branswig.— Can. 1. Extra. Lib. v. Tit. zIt. BOOLESIABTIOAL DUELS. lOT wards Cclcstin III. was forced to pronounce sentence of doi>oRition in a cose of this nature submitted to him.* All this was fonnally and ])eremptoril3' confirmed by Innocent 111. at the great council of Latcran in 1215.* That the peaceful ministers of Christ should vindicate their rights with tlie sword, either personally or by proxy, was a sacrilege abhorrent to pious minds. As early as the middle of the ninth centuiy, Nicholas I., who did so much to establish the supremacy of the church, endeavored to emancipate it from this necessity, and declared that the duel was not recognized bj' the ecclesiastical law.' The utmost privilege accorded the clergy, however, was the right of presenting a champion in the lists, which zealous churchmen naturally resented as an arbitrary injustice.^ How thoroughly it was carried out in practice, notwith- standing all remonstrances, is shown by a charter granted in 1024 by St. Stephen of Hungary to tlie monastery of St. Adrian of Zala, by which, among other privileges, the pious king bound himself to supply a champion in all suits against the abl>ey, in order that the holy meditations of the monks might not be interrupted.* It was long before the abuse was removed. In 1112 we And a certain Guil- laume Maumarol, in a disimte with the chapter of Paris conocniiug some feudal rights over the domain of Sucy, npi)caring in the court of the Bishop of Paris for the pur- iwse of settling the question by the duel, and though the matter was finallj' comprontiscd without combat, there does * Can. S Bxtn. Lib. r. Tit. xlr. * OoneU. Liiternn. IV. om. IS. ' MoBomaehUm In legvin non Mtamimm, qamn Aoieeefioret noairot minimi* tMepine eognoTimat. — Cap. HonomaohUm funt. ii. q. 6. — ^Nloolal PP. I. Bpbi. 148. * A«l pnfntam paeerdotet implngere qnicrunt, nnllam amptlnn rere reniiam ip^la obMrvant«f , niti qnod non propriis manibui, sad per imbminoi lUls in tali diaerlmine Jndicani dimioare.— Alton. VerecU. De Prennrli Beeles. Pi, I. * Charl. 8. BlepbanI (Balthjani, Legg. Ecolei. Hang. T. I. p. 384). 108 TIIS WAQBB OF BATTLE. not seem to have been anything irregular in his proceeding.* So, about the same period, in a case of disputed property between the abbey of St. Aubin in Anjou and a neighboring knight, the monks not only challenged their adversary, but the duel was held in the seignorial court of another monastery;* and in 1164, we find a duel decreed at Monza, by the Archbishop of Cologne as chancellor of Italy, be- tween an abbey and a layman of the vicinity.* That such cases, indeed, were by no means uncommon is shown by their special prohibition in 1195 by Cclestin III.^ Yet, not- withstanding the repeated efforts of the Holy See, it was almost impossible for the church to exempt itself from the universal liability. Though in 1174 Louis YII. granted a special privilege of exemption to the cliurch of Jusiers and its men, on the ground that he was bound to abrogate all improper customs,* still no general reform appears to have been practicable. As late as the year 1245, some vassals of the chapter of N6tre Dame at Paris denied the service due by them, and demanded that the claim of the chapter should be made good by the wager of battle. That they had a legal right to do so is shown by the fact that the churchmen were obliged to implore the intervention of the Pope ; and Innocent lY. accordingly granted to the chapter a special privilege, in which, on the ground that single combats were forbidden by the canons, he declared that the church of Ndtre Dame should be entitled to prove its rights by witnesses, deeds, and other legitimate proofs, notwithstanding the custom existing to the contrary.* ' Oarinlairo do I'lEglisods VotIb, I. 878. ' Tbd oharUr rulaling io (he luli and iU reeulU is given by UiiIum and Maiui, MifloeU. III. 60. ■ Ibid. p. 134. ' Can. 1 Bxira. Lib. v. Tit xxxr. * Tenamur pravai ooniuetudinae fundltue azlirparc. — (Du Bojs, Droit Orimincl dai Paaples Modarnai, II. 187.) * Oonirarla evniuetudina non obatanie. — Cart, do T^gllfa da Paris, II. 898-4. SOOI.S8IA8TI0AL JIJRI8D10TI0N. 109 These ifidividnal exceptions only prove the universality of the rule. It is therefore not surprising to find that prelates, acting in their capacity of temporal seigneurs, should have been accustomed to award the duel as freely as any other form of legal procedure. To do this was not only one of the privileges which marked the feudal supe- rior, but was also a source of revenue from the fees and penalties thence accruing, and these rights were as ^gerly sought and as Jealously guarded by the spiritual lords qa by the warlike barons. It would scarce be necessary to multiply instances, but I may mention a charter granted by Fulk Nera, Count of Anjou, about the year 1010, be- stowing these rights on the abbey of Beaulieu in Touraine,* and one by the Emperor Henry III., in 1052, to the bishop and church of Yolaterra in Italy." Some conscientious churchmen objected to a practice so antagonistic to all the teachings of the religion of which they were professors, and liflled up their voices to check the abuse. Thus, about the close of the eleventh century, wc find the celebrated canonist, St. Ivo of Ghartres, rebuking the Bishop of Or- leans for ordering the combat to decide an important suit in his court.' Ivo even carried out his principles to the sacri- fice of the Jurisdiction usually so dear to the prelates of his day, for in another case he refused to give Judgment be- cause it necessarily involved a trial by battle, and he eluded the responsibility by transferring the cause to the court of the Countess of Chartres.* His precept and example were equally unavailing. Churchmen continued to award the wager of battle, and resolutely resisted any invasion of their privileges. In 1150 the statutes of the chapter of ' Pa CMg«, «. T. Briifttn, * MiTftiori, Antiq. lUl. DtMeri. 39. — Among raHoae olhor •zumplef gWrni hj tlio miBd author te one of the yeiir 1010, In which the eonrt of the bihop of AreUno gniDtt the eombAi to decide a ease between » monMtery and » layman. Ivon. R\|4ft. exiTiil. * Ibid. Rptfi. cexlvil. 10 110 TIIB WAOSE or BATTLS. TiJiniMmiie direct that sll duels shall be fought before the proTOfli, — and the proToet was Ardncias, Bishop of GeneTS.* Eren in the thirtemth century, in the archbishop's ooort or ofllcialitj of Rheims the dud was a matter of coarse J* and in a jodgment rendered in 1269, concerning a combat waged within the jurisdiction of the chapter of Notre Dame of Paris, we find that the first blows of the fight, usually known as " ictus r^is" or ^ les cons lou roi,'' are alluded to as ^ ictus capitulL'" How eagerly these rights were main- tained is apparent from numerous decisions concerning contested cases. Thus an agreement of 1193, between the Countess of St. Quentin and the chapter of Ndtre Dame, respecting the disputed jurisdiction of the town of Viry, gives the official of the chapter the right to decree duels, but places the lists under the supervision of both par^ ties, and divides the spoils equally between each.* A charter of 1199, concerning the village of Mame, shows that the sergeant, or officer of the chapter, had the cogni- sance of causes up to the gaging of battle, after which further proceedings were reserved for tlie court of tlio bishop himself.* In 1257, wliilo St. Louis was exerting himself with so much energy to restrict the custom, an abbey is found engaged in a suit with the crown to prove its right to decree the duel, and to enjoy the fees and mulcts thence arising.* Even more significant is a declara- tion of the authorities of Mctz, as late as 1299, by which tlie granting of all wagers of battle is expressly admitted to appertain to the court of the archbishop by the civil magistrates of the city;' and even in 1311 a bishop of ' llignd'8 PAtrologtAp T. 188, p. 1287. * Lib. Praoi. d« ConBUOtud. R«in«nf . /Nimm (Arobirea L6gbl. de Rbeima). * Carialftiro da I'Sgliae do Parit, III. 438. After ibe flrai blows, tbo par- tloi ooald bo aoparaiod on payineni of a flno to tbo oouri, from tbo rooiploni of wblob ibo namo U oWdontlj dorivod. * OartaUiro do vigWm do Paris, I. 234. » Ibid., I. 7»-80. * Iios Olim, I. 24. * FaiiOBf eognonant b ton* quo dos arramiet dos obampt ot doc bateUloa MSBOANTILS LAW. Ill St. Brienc ordered a duel between two squires pleading in his court, in consequence of liigh words between them. From some cause, the combat did not take place, and the Christian prelate seized the arms and horses of the parties as his mulct. They appealed to the Parlement of Paris, which ordered the restoration of the confiscated articles, and fined the bishop for his disregard of the royal edicts prohibiting the single combat* By this time, probably, the dictum of Bcaumanoir had become generally acknowledged, that the church could not be concerned in cases which involved the wager of battle, or of death or mutilation.* There was one Jurisdiction which held itself more care- fully aloof from the prevailing infinence of barbarism — ^that of the Admiralty Courts, which covered a large portion of praciiral mercantile law. This is a fact easily explicable, not only from the clmra(lcr of Die pariios and of tlic trans- a<tions for which those courts were erected, but from the direct descent of the maritime codes from the lloman law, less modified by transmission than any other portions of modiflsval Jurisprudence. These codes, though compiled mt a period when the wager of battle flourished in full lux- uriance, have no reference to it whatever, and tlie Assises do Jerusalem expressly allude to the Admiralty Courts as not admitting the Judicial duel in proof,' while an Eng- lish document of 12 Edward III. attests the same prin- ciple.* When, however, the case was one implying an accusation of theft or deception, as in denying the receipt Bovt ftTOBB reeogneni ek r«eogiilt«onf ooii ne Im doll fliird anion, naiqaei •■ la eoart de I'oiUI notlro lignoar I'erefqad de M«tt. — ^Da Canf^, i. t. Ar- rmmintio ■ LefOUn, III. 679. Voiri «•! qao tail U eaa ob il pot avoir gagot do baUnic on peril da pardra tIo o« membra, dolrant atira JnatieU par la lata Jnatiea ; na na iea doii aainie Bgllia mailer. — Coaiamat da BenQToUif, eap. zi. art. 80. Kn la eork da la mar na point de batallla por pmara na par demanda da aalnj Taaga.~Amisei da Jaramlam, aap. xHli. * Pardanm, Ut at ConlamM da la Mer. 112 TDK WAOBB OF BATTLE. of CMTgOf the matter entered into the proTince of eriminal lmW\| and the battle trial might be legitimatelj ordered. The forma and oeremonies employed in the judicial dud maj fumiah an interesting 8ul»ject of iuTestigation for the admirers of chivalry, but thej teach in their details little oonoeming the habits and modes of thought of the Middle Ages, and are merely interesting to the pure ar- dueologist. Although minute directions hsTc come down to us in the manuals compiled for the guidance of judges of the lists, to enumerate them in their rarying fashions would therefore hardly be worth the space whidi would be required to accomplish the task with any fulness. Suf- fice it to say that the general principle on which the combat was conducted was the absolute assertion by each party of the Justice of his cause, to which end a solemn oath on the Gospels, or on a relic of approved sanctity, was admin- istered to each before the conflict commenced.* Defeat was thus not merely the loss of the suit, but was also a conviction of perjury, to be punished as such; and in criminal cases it was also a conviction of malicious prose^ cutiou on the part of a worsted appellant. Accordingly, we find the vanquished party, whether plaintiff or defend- ant, subjected to i>cnaltics more or less severe, varying with the time and place. Thus, in 819, Louis-le-Ddbounaire decreed tliat, in coses where testimony was evenly balanced, one of the witnesses from each side should bo chosen to fight it out, tlie defeated champion sufToring the usual iicn- alty of perjury — ^the loss of a hand ; while the remaining ' LIttm dd JoeiiM di da Plat, LIr. vii. Til. ir. § 3. * Ao«ordlng to Braefcoo, Uit appalUuii in oriminal omm ftppMri alwayf obliged to ewdur to hit own portonnl knowledge, vi»u ac auditn, of the erime alleged. Thii, however, wee not the ease eliewhere. Among the gloeiaton on the Lombard law, there were warm dbpntes as to the proprietj, .in oertain oaaee, of forelng one of the eonteitantt to commit perjnry. The matter will be fonnd treated at tome length in SaYignyU Qeechiohte d. Rom. Reoht, D. it. p. 159 eqq. PUNISHMENT FOB DBFSAT. 118 witncssoii on the losing side were allowed the privilege of redeeming their forfeited members at the regular legal rate* William the Conqueror imposed a fine of forty sous on the losing side impartially ;* this was increased to sixty sons by the compilation known as the laws of Henry I.;* and the same regulation is stated by Glanville, with the addition that the defeated person was forever disqualified as a witness or champion.* By the Lombard customs, early in the eleventh century, the appellant, if vanquished, had the privilege of redeeming his hand; the defendant, if defeated, lost his hand, and was of course subject in ad- dition to the penalties of the crime of which he was proved guilty.* About the same time, the Beamese legislation emlKxlies a similar principle in a milder form, a fine of sixty-six sous Morlaas being im\|)osed impartially on the ' Ca\|»i(. Lador. PU mh. 819, eap. z. A fomewhat tlmilur proTMon oo- •«rf in the L. Bnrgnad. Tit sir. and lx». * L. Qoiltelml ConqOMi. in. xil. (Thorpe I. 493) ** St quit eonim Tiotnt faerU emeadet regt XL. 8olidot."—A preTious law, however, had aw— itd a Nonaaa appeHant lizij toat when defeated (Ibid. ii. 11.). ' Qal bcllnm radlaTorit, et per Jndloiam defeoerit, LX. eol. emendet. — L. nenrlet I. eap. Hz. f 16. * Piaito autem duello, poeaa lezagiata eolidoram imaiiaebit Tieto, nomine reereantif. Bt pnaterea lesem terr» amittet. — Glanril. do Leg. Angl. Lib. II. eap. lit. Tlwt defeat In the eombat waa regarded aa maeh more damaging than the ■Imple Ion of a laitli shown bjiome proTlsioni in the eattom of Normandy, hj whieh a Tanqnlthed eombatant waa elasaed with perjnrers, falae witaemee, and other lafamoaa peraoaa, aa ineapabie theneeforth of gtring teatlmonj In eoart (Cod. Leg. Nermann. P. I. cap. IzIt.— Ladewlg Reliq. 1168. T. VII. p. 370), or of aerTing on a Jnry (Ano. Contnme do Normandle — Bovrdotde Riehebonrg, T. IV. p. S9), *Ne dolbTent eetre reoenal la Jar^e, IM eeali qni aont reprlna do parjare, on de porter fanlz teamoing, on Tainen •n ehamp de batatlle, oa eeolz qal aont Infamea.' Thia elauae, howoTor, doee not oeear ia the oorreapoading paaaage of the anotent Latin Teralon abOTo ailaded to. (Ludewig, T. VII. p. 283.) ' Ponia Toro ntrlaqne immlnet Appellator! Tero, al rletua faerit, at maanm perdat aat redtmat Appellato at bannam aolrat, maanm perdat, et bomleidiam aeeandam legem emendat. — Formnl. Vetaa In L. Longobard. (Ooorglaeh, p 1376.) 10* 114 THK WAGKE OF BATTLE. loong party.* Is prociess <^ time, this sjstcM was abmii- d<Mied in some couiitries. Tbe Englisli Uw of the thir- teenth cent my, mdmitt^d the justice of the Ux ialiomis in principle, hot did not pot it in practice, m TUKioished a\|^>eUant in ca\|Mtjl cases being merely imprisoned as a ealomniator, while the deit^dant, if defeated, was ezecnted, and his property ecmfiscated.* Tlie same distinction is to be foond in the contemporary cnstom ai Normandy.* The application of the lex talionis to the man who brooght a lalse diarge, thus adjudging to him the penalty which was incurred by the defendant if eonricted, was widdy current during the Middle Ages. This principle is to be found enunciated in the broadest and most decided manner in the ecclesiastical law,* and it was naturally brought into play in regulating the fate of those engaged in the wager of battle. Thus Guillaume4e-Breton states that when PhUip Augustus, in 1203, wrested Normsndy ftom the feeble grasp of John Lackland, one of the few changes which he ventured to introduce in the local laws of the duchy was to substitute this rule of confiscation, mutilation, or death, according to the dcgnsc of criminality involved in the accusation, for the comiMurativdy liglit \|iccuniary mulct and loss of legal status previously incurred by a worsted appellant.* The same system is followed through- ' Vor d'Oionm, Art 21. * 8i ftsUm »\|ip«llaai lietm futrlt, gmoto eommiUatar tMiq«mm ealamiii- ftior ymnlBndvMt mJ om vitan ftmilUi neo menbiiim, lioei Meandom tegn ad talloDii toaenitar (ItraaUNi, Lib. in. Tnei. ii. eap. 18 § 6). la aaolbor pMM(«, Braaion glT«s a rMion for Uiia oleaaaoj — ' Si asUm Tieioa fit in •anpo . . . qoamrb ad gaolam mitUudiu sii, tamen sii ei aliqoaado sraiia da niaarioordla, qnia pngnat pro paae." (Ibid. cap. 31 § 7.) itah. da Normaadid, Tit '* Do prandro fame b foieo' (Maraior). Qfli oalnmBiaiB illatam non probat, panam doboi Isoarrero qvam d pro- baMotraaf aiiqvo •■atiaoroi. — Can. Qni oalumniam Cam. r. q. ▼!. (Doorail P. II.) ' ... ad poanaa tiifai »qaa«, Viaiiu Bi ■ppollaos tlfo ■ppollaioi, oadam PUNISnMSNT TOB DSTBAT. 116 out the legislation of St. Lonis, whether the pnnishment be light or capital, of an equal responsibility oH both imrtics.* It proTailed throughout the Prankish kingdoms of the East, where, in an appeal of murder, whichever party was defeated was hanged in his spurs ;* and it finally esta- blished itself in England, where, in the fourteenth century, we find it positively declared as an imperative regulation by Tliomas, Duke of Gloucester, in an elaborate treatise on the rules of single combat printed by Spelman.* In Germany, however, the custom was not uniform. In one text of the Swabian code, the principle is laid down that a defeated appellant escaped with a fine to the Judge and to his adversary, while the defendant if vanquished was visited with the punishment due to his crime ^ while ano- ther text directs that whichever party be defeated should lose a hand,* or be executed, according to the gravity of L«g« ligaretar nvtlUri ant perdare Titam. Moria aniaii •lUlerIi apnd llloa haeteniu, vt it Appallasf Tietaa in canaa saagiilnb aaaal, 8«z folldot daeiea evm nnanmo toWart t voo Bi tie trnpnnia, amifta lege, manarat : Qaod ft appallatam Ttvel eoniigarai, omnt Ba prlTaratnr ai tarpi norta pariret. Qallllatmi Brtio. Philippldoa Lib. nil. It win ba obaarrad thai tba praSSzitiiog Norman enatom hara daaoribad la praelaaly ibat Indlealad abova hj QlaarlHa. ■ S. g. itoblliiamanU Lib. i. aap. 27 and 91.— "Ctt qui aaroit ralnev^ aarolipandna** (aap. 8S). In capital oataa, whan chaapiont wara anpioyad, tba principalf wara bald in priaon with tha oord aronnd tbam with which Iha dafaatad party waa to ba liangad. If ona waa a wonan, for tha cord vaa tabatitntad tba apada wharewith aha waa to ba boriad aliva. (Baanaui- Boir, chap. Iziv. f 10.) Tbaae cnatoms wara not calcviatad to anconraga dnaliing. * Aviaaa da Jamaalcm, cap. 817. ' Bacta idea at nqnitaa at Jna armomm Tolnnt nt appallaaa aandam Incnr- tmi poenaa qnani dafandana, ai ia Tiatoa Aiarit at anbactaa. — Fomnla Dnalli, np«d Bpalman. Qloaaar. a. v. Campus, * Jar. ProTin. Aiamann. cap. occixxzTi. f 1 10, SO (Ed. Scbiltar.). ' Qnlqna anecnnibit at nanna ampntatnr. — Ibid, cap. clXTill. f 30 (Bd. Bonckcnbarg). 116 THB WAQBR OF BATTLE. the crime alleged.* An exceptional cose, moreover, woa provided for, in which both antagonists might suffer the penalty; thus, when a convicted thief accused a receiver of stolen goods of having suggested the crime, the latter was bound to defend himself by the duel, and if defeated, both combatants were hanged with the strictest impartiality." In the Yeroneso code of 1228, a distinction was established between the prosecutor and the accused, as a defeated appellant was punishable at the pleasure of the magistrate.* It was customary to require the parties to give security for their due appearance at the appointed time, various fines and punishments being inflicted on defaulters. By the old Qerman law, the defendant under such circum- stances was held guilty of the crime charged upon him ; and both defendant and appellant were declared infamous. According to some MSS., indeed, all the possessions of a defaulter were forfeited, either to his heirs, or to his feudal superior.^ Among the B&imese, on the contrary, the forfeiture for a default was only sixteen sous Morlaas.* The Scandinavians punished it popularly by erecting a "nithstong"— peWtca execrationis — a post inscribed with definmatory runes, and so flagrant was this insult con- sidered, that finally it was prohibited by law under pain of exile.* The bail, of course, was liable for all legal penalties incurred by a defaulter, and occasionally, indeed, would seem to be made to share the fate of the principal, who appeared and was defeated. Thus, in a miracle play * Jar. ProTlo. Alftmiinii. eap. elzzii. § 18 (Bd. 8«iiokonb«rg). * Ibid. OAp. oeziz. f • (Bd. Sehiltor.). * Bl il aetor Miilierat pugnuo, Ipi nm m«o arbiirlo panUm ~L. Manielp. Vsron. o«p. 78. * Jar. Prorin. Alamann. cap. ooolxxxvl. f 31 (Bd. BohllUr.). — Cap. elxxlU. ft 7, 8. (Bd. Beoekeob.). * Vor d« MorloM, Robr. it. art. ft. * Sehlegal Commeot. ad QrigU § St.— Ortfgii SmL Tin. oap. 106. A fiuioifiil etjBologlii miichi lrM« to ibia oostom tba modern pbrai* of ' poii- Ing a ooward." OnOIOS Of WXAPONS. lit of the fourteenth century, a stranger knight at the conrt of rarifl, coni\|>cllccl to flght in defence of the honor of the kiiig'8 (laughter, is nnable to find security. The queen and princess offer themselves as hostages and are accepted, but tlie king warns them — Dame, par Dien le roy eelMtre I Bien toub recevray pour hostage ; Mail de iant toub fas-Je bien sage, 8e le desans en pent avoir Ardr6, Je roas feray ardoir Bi meitre en oendre. An regards the choice of weapons, much curious anecdoU^ couhl be gathered from the pages of BrantCme and others learned in punctilio, witliout throwing additional light upon medinsval customs. It may be briefly observed, however, that when clinmpions were emplo3'ed on both sides, the law ap\|)ears generally to have restricted them to the club and buckler, and to have prescribed perfect equality between the combatants.* An ordonnance of Philip Augustus, in 1215, directs that the club shall not exceed three feet in length." When the principals ap\|)eared personally, it would seem that in early times the apixillant had the choice of wea- ])ons, which not onlygaA'c him an enormous advantage, but enabled him to indulge any whims which his taste or fancy miglit suggest, as in the case of a Qascou knight in the ' ITn Minele do Notre-Daiiid d'Ainb di d'AmUle (Monmdrqn^ •% Mt«hel« TMal. Franca Is an Mojsn-Age, p. S38). Another pMiagt In the enne play •ignalitei the equality ef pnnlflhnieni tof appellant and defendant In oaae of defeat : — —Mais qnant U mtobI Bb ebaoip, Jamali n'ee y«t«roBt Beat •ombatre, tolef-ea is, Taat qne TiiB sn soil deaeonit ; Bt oelol qal Talaeu sera, Je Toot proBiet, peado eera ; R'ea doobte niili. * A ^. Conetit Sienlar. Lib. it. Tit. zxitII. f 1. * Lanritet; Table des Ordonn. p. 10. 118 THB WAQBR OF BATTLE. thirteenth century, who stipnUited that each combatant should be crowned with a wreath of roses. As every detail of equipment was thus subject to the caprice of the chal- lenger, those who were wealthy sometimes forced their poorer adversaries to lavish immense sums on horses and armor.* Where, however, the spirit of legislation became hostile to the wager of battle, this advantage was taken from the appellant. Frederic II. appears to have been the first to promulgate this rational idea, and, in decreeing that in fhture the choice of arms shall rest with the defendant, he stigmatizes the previous custom as utterly iniquitous and unreasonable." In this, as in so many other matters, he was in advance of his age, and the general rule was that neither antagonist should have any advantage over the other— except the fearful inequality, to which allusion has already been made, when a roturicr dared to challenge a gentleman.' According to Upton, in the fifteenth century, the Judges were bound to see that the arms were equal, but he admits that on many points tiiere was no settled or defi- nite rule.* In Russia, each combatant fullowcil liis own pleasure; and a traveller in the sixteenth century relates that the Muscovites wore in the habit of enibarraHsiiig tlieiu- selves with defensive armor to an extent which rendered them almost helpless, so that in combats with Poles, Lithuanians, and Germans they were habitually worsted, until Judicial duels between natives and foreigners were at length prohibited on this account.' Alhisions have occurred above to a peculiarity of these combats — ^the employment of champions — ^which received an application sufficiently extended to deserve some special * IUtuo Historiqiie de Droit, 1861, p. 514. * Ooniili. Sioular. Lib. ii. Tit. zzzvii. \ 4.— Coniastadinom praTam et a iramitf railonii oojoslibel Alienam. . ■ Tbit, bowdTdr, wm not p«rmiU«d bj Fraderio. (nbi inp.) * De Mllitari Offioio Lib. ii. p«p. Yiii. . • Du Bojt, op. eit. I. 611. XBIPLOTMBNT OF 0HAMPI0N8 119 notice. It hiw been seen tliat tl^o unable to wield the Bword or clnb were not therefore exempted from the duel, and oven the scantiest measure of Justice would require tliat they should have the right to delegate their vindication to some more potential vehicle of the Divine decision. This would seem originally to have been the ofnce of some member of the family, as in the cognate proccflure of sacramental purgation. Among the Alamanni, for instance, a woman when accused could be defended by a kinsman ' cum tracta spata ;"' the same rule is prescribed by the Lombard law, and by that of the Angli and Werini ;■ while the far pervading principle of family unity renders the presumption fair that it prevailed throughout the other races in whose codes it is not sixicincally indicated, llo- strictcd to cases of disability, the use of champions was a necessity to the battle ordeal, but at a very early period the practice received a remarkable extension, which was directly in conflict with the original principles of the Judi- cial duel, in permitting able-bodied antagonists to put for- ward substitutes who fought the battle for their principals. With regard to this there appears to have been a consider- able diversity of practice among the races of primitive barbarians. The laws of the Franks, of the Alamanni, and of the Saxons make no allusion to such a privilege, and apparently exi^ct the principal to defend his rights himself, and 3ct an instance occurs in 500, where, in a duel fought l>y onler of Uontran, the defendant was allowed to intrust his cause to his nephew, though as he was accused of kyiing a stag in the king's forest, ph3'sical infirmity could hardly have 1)een pleaded. Frojf^ some expressions made use of ' L. AlMiianii. Add. eap. zxi. * L. Longobard. Lib. i. Tii. HI. § 6, and Lib. ii. Tit. Ir. f 12. * L. AagUor. ei Werinor. Tii. xit. * Off«g. Tnron. Ulsi. Lib. x. eap. z. In Ihie earn, bolb eombatenU par* Miad, whas ihc acenfMi was prompUj pnl to death, ahowing that each a rmali was ragarded af proring tha truth of the oflenea aU^gad. 120 TUB WAGBR OF BATTLE. by St. Agobard, in bis^nslaught on the ordeal of battle, we may fairly presui^ tliat under Lotiis-le-Ddl>onuaire tlie employment of champions, in the Burguudian law, was, if not forbidden, at least unusual as respects the de- fendant, even in cases where age or debility unfitted him for the combat, while it was allowed to the api^ellant^ On the other hand, the Baioarian law, which favored the duel more than any of the other cognate codes, alludes to the employment of champions in every reference to it, and with the Lombards the judicial combat and the champion seem to have been likewise convertible terms." There is in this something so repugnant to the fierce and self-relying spirit in which the wager of battle found its origin, and the use of a professional gladiator is so inconsistent with the pious reference to the judgment of God, which formed the only excuse for the whole system, that some external reason is required to account for its introduction. This reason is probably to be found in the liberty allowed of challcnghig witnesses, to which allusion has already been made. The pre- valence of this throughout Western Euroixi readily enabled paities, unwilling themselves to encounter the risks of a mortal struggle, to put forward some truculent bravo who swore point-blank, and whose evidence would require him to be forced out of court at the sword's point. That this, indeed, was frequently done is proved at a subsequent period by a remark of Bracton, who states that a witness suspected of being a hired gladiator was not allowed to proceed to the combat, but was tried for the attempt by a jury, and if con- victAl was punished by the loss of a foot and hand. * nornm •nim e»iua oooldlt ai bob a<lfbm Talontoi riribiu, ted etlam in- flrmi at Moee UeMMtniar ad oerlamen ei pagnam ailaia pro T&linimia reboa. (Lib. ady. L«g«m Qondobadi oap. vU.) MItU unam do iuia, qvi oongrc- dlaiur mecam singulari oertamine, ui probal me ream iibi ene, si oooiderik. (Lib. contra Jodioium Dei oap. i.) * Lioeai ei per oampionem, id eti per pugnam, orimen ipaum de f oper m fi poinerit ejioere.— L. Longobard. Lib. i. Tii. i. \ 8. ' Intrat quandoque in dereoiiunem ei warraninm aUqais maliiioae et per WITNE88B8 AS OnAMPIONS. 121 Although the chstom of hiring champions existed from a Tcry early period, since the Frisian laws give the Aillest liccngc for employing and paying them,* still their identity with witnesses cannot be readily proved from the simple records of those primitive times. It becomes very evident, however, in the more detailed regulations of the twelfth and thirteenth centuries. In England, for instance, until the first statute of Westminster, issued by Edward I., in 12)5, the hired champion of the defendant in a suit con- cerning real estate was obliged to assume the position of a witness, by swearing that he had been i)ersonally present and had seen seizin given of the land, or that his father when djing had enjoined him by his filial duty to maintain the defendant's title as though he had been present.* This curious legal fiction was common also to tlie Norman Juris- prudence of the i)eriod, where in such cases the champion of the plaintiff was obliged to swear that he had heard and seen the matters alleged in support of the claim, while the oppofling champion swore that tliey were false.' In a simi- lar spirit, an earlier code of Normandy prescribes that champions shall be taken to see the lands and buildings in dispute, before receiving the oath of battle, in the same manner as a jury of view.* A more distant indication of the same origin is observable in the Neapolitan regulation wliich directed that the champion sliould swear on the field of liattle as to his iHsHcfin the Justice of the quarrel which lio was about to defend.* fraadem 1 1 firo mereeilo, iileai eunpio ti eondaetltlaii, qaod qnldem ti ftedrii e&rmm Jiwtilliirib deUoiam, non prooedntnr ad daennn, led per imtriain in- i\|«lrfilar ▼•HtM »i mereodein Mocperli Tel non ; ot el eonetiUrit quod fio, pedeni ftniiUt •! pnipinm.— Lib. iii. Tract, ii. eap. SS § 7. • I«ieei anieQiqao pro m oampionen m«ro«dd oonduoere, el •am inronlro poloerlt.— L. Frinlon. Tit. xit. eap. It. • GlaiiTil. de Ug. Angl. Lib. it. eap. iii. • Cod. Leg. Norman. P. it. eap. liir. (Lndewig Rellq. 1188. VII. 416.) • KUb. de Normandie, p. 31 (Marnier). • CoofUt. BIcalar. Lib. ii. Tit. zzxvii. \| 2. 11 122 THE wAQsa or battle. Looking on the profession of a champion in this light, as tliat of a false witness, we can understand the heavy penalties to which he was subjected in case of defeat, a severity which would otherwise api^ear to be a purposeless expression of the savage barbarity of the times. Thus in the Norman coutumier above referred to, in civil suits as to disputed landed possessions, the champion swearing to the truth of his principal's claim was, if defeated, visited with a heavy fine and was declared infamous, being thence- forth incapable of appearing in court either as plaintiff or as witness, while the ^lenalty of the principal was merely the loss of the property in dispute.* In criminal cases, Arom a very early period, while the principal perhaps escaped with fine or imprisonment, the hired rufllau was hanged, or at best lost a hand or foot, the immemorial punishment for perjury.* In later times, when the origin of the champion's office had been lost sight of, and he was everywhere recognized as simply a bravo who sold his skill and courage to the highest bidder, a more practical reason was found for maintaining this severity — ^tlie more neces- sary, because the principal was bound by law to pa3' his champion, even when defeated, the full sum agreed upon as the price of his services in both swearing and fighting.* Beaumanoir thus defends it on the ground of the liability of champions to be bought over by the adverse paity, and he therefore commends the gentle stimulus of prosi)ective mutilation as necessary to prevent them fvoia betraying ' Ood. Leg. Norman. P. ii. oap. Ixir. f 18 (Lndtwig, YIL 417). * Bfc eampioni qui vtotiu faerit, propter perjuriam qaod ante pugnam eom- misii, dexira maDiu ampnUtar. — (Oaplt. Ludor. PU ann. 810 \ z.) — Vioiui Yero in dueUo oontnm lolldos at oboinu rcddere UneUtnr. Pogil Yoro oon- dnoiUiue, li Yloiui Aierlt, pngno Yel pedo privabifcar. — (Charia ann. 1203 — Dn Cange). — Also Beaumanoir, Ooni. da BoanY., cap. Izvii. f 10 (Du Oange feemf to me to haYe misinterpreted this passage).— See also Montell's ad- mirable <ni8toire des Franyais dos Divert £UU," XVe Sidele, Hist. xiii. • Cod. Leg. Norman. P. ii. oap. IxiY. f 19 (Ludewig, VII. 417). PBOFBBBIONAL 0HAMPI0N8. 123 their cmploycre. * In the Rnme npirit, the Emperor Frederic II. prohibited champions from bnrgnining with each other not to use teeth and hands. Ho commanded them to inflict all the injury iiossiblo on their adversaries, and decreed that they should, in case of defeat, share the punishment incurred by the principal, if the Judge of the combat should consider that through cowardice or treachery they had not conducted the duel with proper energy and iKjrscverance.' With such risks to be cncountere<1, it is no wonder that the trade of the champion offered few attractions to honest men, who could keep body and soul together in any other way. In primitive times, the solidarity of the family no doubt caused the champion in most cases to be drawn from among the kindred ; at a later period ho might generally lie procured from among the frccdmon or clients of the principal, and an expression in the Lombard law justifies the assumption that this was habitual, among that race at least." In the palmy days of chivalry, it was perhaps not uncommon for the generous knight to throw himself boldly into the lists in defence of persecuted and friendless inno- cence, as he was bound to do by the tenor of his oath of knighthood.* A vast class of pleaders however would neces- sarily Ixs destitute of these resources to avoid the personal appearance in the arena for which they might bo unfitted or disinclined, and thus there gradually arose the regular * Bl n eanpiont Taineni a !• poing oop4 ; ear m b'mUU por !• mehalng q«n •mporte, amanp, par barat, m porroii fkindr« par loUr •! m elamaroli ▼aiMVf , par qaol mi metUoi oraportoroU le damsM •% le Tiloiiia, mi eU am porUroU Targent ; •! por «e •§% boni 11 Jogemenf da mahaing. — (Goal, da BaavT. eap. Ixi. f 14.)— A eharUr of 1S7S thowi thai tba aaaiUatlon of da- faated ahanploni wai praoiiMd eTen ai thai lata daU.— (lauabari, V. 387.) * CoBftit. Sievlar. Lib. it. Tit ziivii. f S. ' Bl patl Ulam inqnliHioneili, Iradal mannm IpM eamphio In maaa pa- realla avi aonllbaril tnl anta Jadleem. — L. Longobard. Lib. ti. Til. !▼. f II. ' That Um oath adminifUrod by Iba papal legaU to Willlaa of HoUaMl. oa hii raeetvlBS knighthood preTlouf to hia eoronatlon m King of Iha Bo« aiaBtlnlS47, eontaini tha elanta 'pro Hbaratlone «i^ailibat iBBoeanlla daallam iBira.-.aoldMl. ConsUi. Inp. T. III. p. 400. 124 TDB WAOBE Of BATTLB. profession of the psid gladiator. Reckless desperadoes, skilled at qnartcr-stalf, or those whose familiarity with sword and dagger, gained by a life spent in ceaseless brawls, gSTe them confidence in their own ability, might undertake It as an occupation which exposed them to little risk be- yond what they habitually incurred, and of such was the profession generally composed. This evil must have made itself apparent early, for we find Charlemagne endeavoring to oppose it by decreeing that no robber should be allowed to appear in the lists as a champion ; and the order needed ^ be frequently repeated. It is therefore easy to understand, when the Boman law commenced to exercise its powerful influence in moulding the feudal customs into a regular body of procedure, and admiring Jurists lost no opportunity of making use of the newly discovered treasures of legal lore, whether applicable or not, that the contempt and the civil disabilities lavished by the Imi)erial Jurisprudence on the gladiator of antiquity should bo transferred to the mcdinsval champion : although the latter by the theory of the law stood forth to deluud the innocent, while the former ignobly cx(K>scd his II Ic fur the gratification of an iuibruted iK>pulace.* liy the tliir- teenth century, therefore, the occupation of champion had become infamous. Its professors were classed with the vilest criminals, and with the unhappy females who exposed their charms for sale, as the champion did his skill and ' Ui nemo fkir«m oampblam d« manoipUa aiii de quaUb^i eaiiM reelpera prflwiimal, ftent M»piai dominiif imperator oommendaTii.— Caplt. Carol. Mag. ex L. Longobard. cap. xxxr, (BaloM.) * Thif oiirioiii legaoy ofibamo Is olaarly iraoaable in Plerra de FoBtalnet. To bo a gladiator or an aotor wai, by tbo Roman law, a oompatent eaoto for difllnboriianeo (Novol. oxv. eap. Hi. f 10), moro ftolly lol fortb In Cod. Lib. III. Tii. zzTli. 1. 11, do aronariif. Thif latUr if iraniUUd bodily by doFontainoi (Oonfoil, ehap. znlii. Tii. 82), iho 'aronarini" of iho Roman booomlng tbo 'ohamploBi'* of tbo Fronobman. So, obap: zt. Tit. 87 of tbo CoBfloil if a tranflaUon of Dig. Lib. it. Tit. IL I. 83 f S, in wbiob tbo •• atb- lota'' of tbo original if transformod into a "obanplon.** BBQBABATION OV OHAMPIONB. 125 courage* They were held incapable of appearing as wit- ncsRcs, and the extraordinary anomaly was exhibited of seeking to learn the truth in affairs of the highest moment by a solemn appeal to Qod\| through the instrumentality of those who were already considered as convicts of the worst kind, or who, by the very act, were branded with infamy if sncccssftil in Justifying innocence, and if defeated were mutilated or hanged.* By the codes in force throughout Gcnnau}' in the thirteenth and fourteenth centuries, they were not only deprived of all legal privileges, such as suo- coeding to property, liearing witness, Ac, but even their children were visited with the same disabilities." The utter contempt in which they were held was moreover quaintly RymlM>]lzcd in the same code by the provisions of a tariff of damages to be assessed for blows and other per- sonal injuries. A graduated list of flnos is given for such insults offered to nobles, morcliauts, peasants, Ac., in com- \|)onsation of their wounded honor ; below the serf come the mountelmnk and Juggler, who could only cuff the assail- ant's shadow projected on a wall ; and last of all are rated the champion and his children, whose only redress was a glance of sunshine cast upon them by the offender from a polished shield. Deemed by law incapable of receiving an insult, the satisfaction awarded was as illusory as the ' Perevilat tl qvii bomioem influnen, boo oil laforom toI imgUom, aqI mvliorom pablioAm, e.— Wiobbild Mngdebarg. Art. ISO (Da Caogo). •« Pin- •lovrs Imtom, niTiiMars do ftaamft, TloUoars d^glifot, baitoan k loyor,* oto. — Ordonn. do Cborlot VII. uiii. 1447, olio Anoiomiot Ooniomof do Dro- Ugno. (Mnnloil, nbl fvp.) * Joboa do Doaamont dii qao ebanpionn loloi, proT6 do tol oboto, no pvoi bomo apoUor I gai^o do bataiUo an nnl qoaii, f I n«i«i por ohanpion loloi pnr oa doSaufo ; oar la poino do fa manTaloo tIo lo doit biea on eo panlr. — LIttoo do Jooiioo oi do Plot, LIt. xix. Tii. II. f 4. Canpionoii ei ooram llbort (Ita naU) oi omnoi qal IllogiUno nail rani, oi omnoo qnl fnril aai ploni lairoolnlt nomino lailpfoeoro, ant faiilgailonom raatinnero, bt omnoa Jarl« bonoAoiio earoni.— Jnr. ProTln. Alamann. eap. iiitI. \ S. (Rd. SohlUor.) 11* 186 THB. WAQBR Of BATTLE. honor to bo repaired.* That this poetical Jastico was long in vogue is proved by the' commentary upon it in the liicli- stich Landrechti of which the date is shown to be not earlier than the close of the fourteenth century by an allu- sion in the same chapter to accidental deaths arising from the use of firearms.* The Italians, however, took a more sensible and practical view of the matter. Accepting as a necessity the existence of champions as a class, they were disposed rather to ele- vate than degrade the profession. In the Veronese code of 1228, they appear as an established institution, consist- ing of individuals selected and appointed by the magis- trates, who did not allow them to receive more than one hundred sous for the ix^rformanoe of their oflice." It is evident that the evils attendant upon the employ- ment of champions were generally recognized, and it is not singular that efforts were occasionally made to abrogate or limit the practice. Otho II., whose laws did so much to give respectability to the duel, dcci'ccd that champions should be permitted only to counts, ecclesiastics, women, boys, old men, and cripples.* That this rule was strictly enforced in some places we may infer from the pleadings of a case occurring in 1010 before the Bishop of Arctiuo, concerning a disputed property, wherein a crippled right hand is alleged as the reason for allowing a champion to ' Oanpionlbof ei •oram lib«rifl em«Ddn loeo daiur falgar ez oljrpeo Dilido, qai loli ubreriiior, oriuia ; boo U qui ela tftiUfiiciloneu debet loeo ewendtu priDiiare teneiur. — (Ibid. OAp. ocoy. ^ 16.— Jar. Provin. Saxon. Lib. iii. art. zIt.) la ibe French Tonlon of ibe Speoalum SoeTteom, theie emblemftiie meftiaret of damege are followed by ibe remark '* oeeiee emaadea faroni eslrabllei an laTieillie loyper lei royt,'* (P. ii. e. Ixzzvl.) whieh would appear to ibow that they were diauied in the territoriei for which the tram- lation WM mede. " Riobetiob Landreoht^ Lib. ii. cap. zzr. This glrei additional point to the ininlt by preccrlblng the oee of a duelling abield for the reflection of the ■nnbeam. * L. Mnnioip. Veron. cap. 126, 12«. * L. liongubard. Lib. ii. Tit. Ir. H S8, 40. BB8TB10TI0N8 ON USB OF OnAMPIOHB. 18t one of the parties.* In other parts of Italy, however, the regulation must have been speedily disregarded, for about the same time Ilenry II. found it necessary to promulgate a law forbiddin^f^he employment of substitutes to able- iHMlicd defendants in eases of parricide or of aggpavated murder ;■ and when, two hundnnl years later, Frederic IL almost al)oliRhed the Judicial combat in his Neapolitan dominions, we may fairly presume from one of his remarks that champions were almost universally employed. In- deed, he made provision for supplying them at the public cxiYonse to widows, orphans, and paupers who might bo unable to secure for themselves such assistance.* In Ger- many, early in the eleventh century, it would seem that champions were a matter of course, from the expressions made use of in describing the execution of a number of roblicrs convicted in this manner at Merseburg in lOlt.* At a later period, it seems probable, from a comparison of two chapters of the Swablan laws, that efforts were made to prevent the hiring of professional gladiators,* but that they were attended with little success may be inferred from the disabilities which, as we have already seen, were so copiously showered on the class by the same laws. The English law manifests considei'ablq variation at dlf- fcront pcrio<ls with respect to this point. In 1160, Henry II. strictly prohibited the wager of battle with hire«b cham- pions in his Norman territories,^ and we learn from Glanvillo Manilori, Aiitk\|. lUI. Dimri. 39. * L. Uiis«bard. Lib. i. Tit ii. f 37 ; Tit. x. f 4. * VIx •nim Mi BQiiqauD duo pagUei inTtalri poUniiii tie aqaalef , •U. — CimHit 6leolar. Lib. ii. Tli. zzzlli. * Ibid. Lib. I. Tii. «xiil. * Ibi Une main lairouM a glftdiatorlbaf ilogiiUrl eertamine dcTiell, rat- pMidio pOTierant — Dilbmarl. Cbron. Lib. Tti. * Jar. ProTin. AlMaanv. oap. xutI. 4 't «P- 1< 4 !• * Hnllni •oinm dnellnm faelai contra aliqacm qni tMtl6oiitaf fit pvgll eoiidaetitlofl p«r Mcraaientam dMen legallam eivlam. — Conell EmIm. Boto> mag. p. 12S <n« Ciingr). 128 THB WAQBU OF BATTLE. that a champion stispcctod of scrviug for money might 'lio objected to by the opposite paity, whcuco arose a secondary combat to determine his fitness for the primary one.* It is evident from this that mercenary chamt>ions were not re- cognized as legal in England, a principle likewise deducible fVom an expression of Bracton's in the succeeding century." Yet eyentuallyi in civil cases, both parties were compelled by law to employ champions, which presupposes, as a matter of eourse, that, in a great majority of instances, the substi- tutes must have been hired." In criminal cases, however, the rule was reversed, and when the appellant, Arom sex or other disability, or the defendant from age, was unable to undergo the combat personally, it was forbidden, and the case was decided by a Jury.« By the Scottish law of the twelfth century, it is evident that champions were not allowed in any case, since those disabled by age or wounds were fbrced to undergo the ordeal in order to escaix) the duel." This strictness became relaxed in time, though the practice seems never to have received much eucourugeuicnt. By (I law of David II., aliout the year 1350, it apiiears that a noble had the privilege of putting forward a substitute; but if a peasant challenged a noble, he was obliged to api>ear personally, unless his lord undertook the quarrel for him and presented the champion as from himselil' > Be Leg. Anglin Lib. ii. eap. iii. * lU ponei quilibet in tali faeio •liom appeUare per eampionem eondno- iiYBm, qnod non est msUnenduu. — Braoton. Lib. iii. Treok. ii. cap. 18 f 4. * Lord Bldon, in bis ipeeeb adTocatIng tbo aboUiion of trial by battle in 1819, stated, "In tbese the parties were not suffered to Sgbt in propria pmraona — tbey were compelled to eonflde their interests to champions, on the principle that if one of the parties were sis in, the suit would abate. "^ Campbell's Lives of Uie Cbanoellors, VII. 379. « Bracton, Lib. in. Tract II. cap. 31, H H, 13.— Ibid. cap. 24. * Regiom MaJesUUm Lib. it. cap. iii. * SUtut. David II. cap. zztIU. By the burgher laws of Sootland, a men who was Incapacitated by reason of age from appearing In the fleld, was allowed to defend himself with twelre conjurators. — L. Burgor. cap. zxiv. BBBTBIOTIONB ON VBM OF OHAMPIONB. 189 The tendency exhibited by the English law in distin- guishing between civil and criminal cases is manifested elsewhere. Thus in France and the Prankish kingdoms of the East, there were limitations placed on the employ- ment of champions in prosecutions for crime,* while in civil actions there appear to hare been, at least in France, no restrictions whatever.* The hiring of champions, more- over, was legally recognized as a necessity attendant upon the privilege.* High rank, or a marked difference botwten the station of parties to an action, was also admitted as Justifying the suix^rior in putting forward a champion in ' his plac4».* liocal variations, however, are observable in the customs regulating tliese matters. Thus the municipal laws of lllicinis, in the fourteenth century, not only restrict the admission of champions in criminal matters to cases in which age or physical disability may incapacitate the principals from personally taking part in the combat, but also require the accused to swear that the impediment has supervened since the commission of the alleged offence, thus in Ihct assuming his guilt ; and oven this was of no ' A«itM d« J«r«iftleai\| oap. 146, 146. — Deaamuioir, oap. Izl. \ 6 ; wp, IzUi. 4 4. * BMamAooIr eap. Izl. f 14. — ^The diailnoiioii between oMl and erimtnal preeilee if Tery oleArly drawn by Pierre de FonUinei, wbo nUlee that In appeal of Jadgment tbe eppelleni In orlraloftl oMet is bound to f bow »tif- fcetory eaate for employing a ehamplon, wblle In oWll affaire the right to do M requires no argvment. — 'Qnaot anevnsfbafe Jagement, par Inl et par •on aTo4c, eome bom qal a essolne, mostrer dolt son essolne, so I'en 11 ro- qniert, palaqae 11 flHuemcni est Ihii en point qvMl I penst tIo perdre ; mis so ▼lo ni eortt il nesl mle tenni de mostrer essoins { ear toi saaiossoino pevt- n metre aTo4 Ik oft Tie no gist oa menbres."— Conseil, ehapHZXii. TIL xlU. ' II est nsege qne so aaean denende la eort de batallle qal est Jnege par ehamplons lo4es, H la tendra le Jor malmes, et si ele est par le eors des qne- reKors 11 metra Jor arenant k la tenir aatre qne oelnl.— Contumes d'A^Jon, XIII. Sl^le, 4 74. * Karbante persons dolt blen metre por loi, k deffendre sol, home, boneste persone, se Tan Tapele, on sU apele a^tre. — Livres de Jostioe et de Plot, LIt. II. Tit. XTilL 180 . TUB WAQBR OF BATTLE. avail if the prosecutor had included in his apiieal of battle an assertion that such disability had existed at the time specified. Witnesses obliged to support their testimony by the duel were not only subject to the same restrictions, but in substituting a hired gladiator were obliged to swear that \| they had vainly sought among their fi'iends for some one \| to voluntarily assume the office.* The whole tenor of these provisions, indeed, manifests a decided intention to surround the^ employment of champions with every practicable imi)e- diment. In Bdarn, again, the appellant in cases of treason bad a right to decide whether the defendant should be allowed to put forward a substitute, and from the expres- sions in the text it may be inferied that in the selection of champions there was an endeavor to secure equality of age, size, and strength." This equalization of chances was thoroughly carried out in the Yeronese code of 1328, whei'C, as has been seen, the champions wero a recoguizcd boily, regulated and controlled by tiie state. The magistrate was bound to choose gladiators of equal prowess, aud the choice lietween them was then given to the defouduiit: an arrangement which rendeied the mutilation iutlicted on the vanquished combatant only Justifiable on the score of suspected treachery.* lly the Spanish law of the thirteenth century, the employment of champions was so restricted as to show an evident desire on the part of the legislator to ' Nm poUiialUr •onim Oftmploii«m poncM, nlal propter tiatam, ▼•! oor- porifl inOrmiUtem ; noo andUur reuf de morbo Uiiipor« quo dioUiir oHuien oommUiiM; quod il Yolltjarart iinpodinneDiuin post illud tempufl fO\|rareuiu venlwe, audleiur, niii aoior Id vodio bolli addiderU, Milioet quod oum Udl morbo orluien oommiferit — Lib. Praot. do Coniiuot. Bemenf. f 40. (ArobiYoi li^bl. do Uoiui, rt. 1. p. 40.) * Btiam antequam oampionem pottit qvlf ponero, Jararo debet quod bona flde aanlooi luog requUivIt quod pro ipeo bellum faoeroni. — Ibid. ^ 14, p. S7. * For de Morleaf , Rubr. liii. art. 188. * Omnoi eamphioDoi . . . per me rel per Judloei eommuDis Verona), live eonealei, bona flde eooquabo: fketa eooquatione, defendentl eieetionem dabo. — L. Hunioip. Veroneni. eap. 126. OnAMPIONB rOR OOMMUNITIBB. 181 cliscoiirage it as far as possible. Tlio defendant had the right to send a substitute into the field, bat the appellant could do so only by consent of his adversary. The cham- pion was rccpiircd to be of birth equal to his principal, which rendered the hiring of champions almost impossible, and not sniMsrior to him in force and vigor. Women and minors appeared by their next of kin, and ecclesiastics by their advocates.* In Ilussia, until the sixteenth century, champions were never employed, contestants being always obliged to api^ar in person. In 1550, the code known as the Sondcbtnick at length ]iermitted the emplojrment of champions in certain cases.* There were two classes of pleaders, however, with whom the hiring of champions was a necessity, and who could not lie iMMind by the limitations imimsed on ordinary liti- gants. AVIiile tlie sexagenary, tlie infant, and tlie crippled miglit possilily find a representative among tlieir kindred, and while the woman miglit appear by her husband or next of kin, the ecclesiastical foundations and chartered towns hafl no such resource. Their frequent occasion for this species of service, therefore, led to the employment of regu- larly api)ointe<l champions, who fought their battles for an annual stii)end, or for some other advantages bestowed in pa3'ment Du Cange, for instance, gives the text of an agree- ment by which one OeofIVy Blondel, in 125C, bound himself to the town of Ikauvais as its champion for a yearly salary of twenty sous Parisis, with extra gratifications of ten livres Toumois every time that he apix^ared in arms to defend its cause, fifty livres if blows were exchangecl, and a hundred llvrcs if the combat were carried to a triumphant issue. It is a little singular that Beaumanoir, in digesting the customs of Beauvais but a few years later, speaks of this practice as an ancient and obsolete one, which he had only heard of * Ut BioU PArilfliM, PI. Ytt. Tii. It. I. n, * Da Uojf, Droit Crimioel Um Penples Motlernet, I. 011-13. 182 THE WAQBU Of BATTLS. through tradition.* That it continued to be in vog^e until long after, is shown by Monteil,. who alludes to several documents of the kind, bearing date as late as the fifteenth century.* The champions of the church occupied a higher position, and were bound to defend the interests of tiieir clients in the field as well as in the court and in the lists ; they also led the armed retainers of the church when summoned by the suzerain to national war. The office was honorable and lucrative, and was eagerly sought by gentlemen of station, who turned to account the opportunities of ag- grandizement which it afforded; and many a noble family traced its prosperity to the increase of ancestral property . thus obtained, directly or indirectly, by espousing the cause of fat abbeys and wealthy bishoprics." The influence of feudalism early made itself felt, and the office of Vidame or AvouS became generally hereditary. In many instances, it was a consideration obtained for donations bestowed upon churches, so that in some countries, and particularly ■ Uii« inlY«M oowtvint sobIoU e<ivrr« anolemmtiii, il eomme not ayohi •ntonda (l«i lelgnoan do loif. — Gout, da DMUVoItU, cap. ziiviil. ^ 16. " Hif I. del Fr«n9Aii, XV« SIdole, nUi. ziii.— The Uriffof rewards paid to Blondel, and Beaamanolrt argumeni In faTor of mutilating a defeated champion, offer attrong praetioal commentary npon the Aindamental prlnot- ple on which the whole ayitem of appeala to the Judgment of Qod waa based — that soooess was an oTidonce of right. ' Thus, In the ninth century, the abbot of FIgeac, near Gabon, bestowed on a neighboring lord sixty churches and five hundred mansi, on condition of his fighting the battles of the abbey, 'oum necessitas poseeret, solo Jussu, absque lucro alio temporal!, bella abbatis et suornm prmliaretur." — Hist. Monast. FIgeacens.— (Balui. et Mansi IV. p. 1.) When feudalism fixed these chieftains firmly in possession, they rendered themselves inde- pendent of their benelhctors. This process is graphically described by St. Abbo of Flenry, about the year 990 — ' 0efensores ecclesiarum qui dicuntnr hodie, contra auotorltatem legum et canonum sibi defendant quod fuerat Juris ecclesiarum, sicque violentiam elericls et monaehls Ingerendo, res ec- clesiarum sen monasterlorum usul^uotuario diripiunt, colonos In paupertatem redlgnnti possesslones ecclesiarum non augent sod minuunt, ei quorum defensoreo esse debucranti eos Yastant.' — Collect. Canonum, can. 11. OPPOSITION OF THE OHUROn. 183 in England, the title of advocalus became gpadaally recog- nised ns synonymous with patron. Thns, one of the worst abuses of the Anglican Church is derived from this source, and the forgotten wrongR of the Middle Ages are perpetu- ato<l, otymologically at least, in the advowson which ren- dcrn tlie cure of souls too often a matter of bargain and sale. Tlio elasticity with which the duel lent itself to the ad- Tantago of the turbulent and nnscrupulous is well illus- trated in a document containing tlie proceedings of an assembly of local magnates in 888, to decide a contention concerning the patronage of the Church of Lessingon. Aflcr the testimony on one si<lc had been given, the oppo- site part}^ connnonced in n^ply, when tlie holders of the aixHonilily, seizing their swords, vowed timt they would afllnn the truth of the first ))leader's evidence with their blood before King Amoul and his court — and the case was decided.' The strong and the bold are apt to be the ruling classes in all times, and were emphatically so in those rude ages of scarcely curbed violence when the Jurisprudence of the European commonwealths was forming itself, and to the immense advantages which the wager of battle afforded to those classes may be attributed the wide-spread influence which it enJo3'ed. Its only consistent opponents were found among eccle- siastics. When King Gundobald gave it form and shape in digoRting the Hurgundian laws, Avitus, Bishop of Vienne, rcmonstrate<1 loudly against the practice as unjust and nnchristian. A new controversy arose on the occasion of the duel Ixstween the Counts Bera and Sanila, to which reference has lieen made as an important event in the reign of Louis-le-Ddl>onnaire. St. Agobard, Archbishop OfiliiBAtot ^ofdem eoDciUi, BppreheDfis ipaiU natfi, deToUTcraot m hvo it* aflirmfttvrot mm «ormm reglbos et cnnoiis prinelpibni usqae ad MUigoiDii effnuioiMiB. — OoUUii. Antiq. AUidadd. ehwr%, Uizt. 12 134 THE WAQER OF BATTLS. of Lyons, took advantage of the occasion to address to the Emperor a treatise, in which he strongly deprecated the appeal to arms, as well as the employment of ordeals, in settling Judicial questions, and he subsequently wrote another, consisting principally of scriptural texts with a running commentary, proving their incompatibility with so unchristian a practice.* Some thirty-five years after- wards, the Council of Valence, in 855, denounced the battle trial in the most decided terms, praying the Emperor Lo- thair to abolish it throughout his dominions, and adopting a canon which excommunicated the victor in such contests, and refused the rites of Christian sepulture to the victim." Pope Nicholas I." and other pontifTs protested against it, and exerted themselves energetically, to procure its abandon- ment. All this was totally without effect. If Charlemagne, in dividing his vast empire, forbade the employment of the wager of battle in settling the territorial questions which might arise between his heirs,* the prohibition merely shows that it was habitually used in affairs of the highest mo- ment, and the constant reference to it in his laws proves that it was in no way repugnant to his general sense of Justice and propriety. The next century affords ample evidence of the growing favor in which the Judicial combat was hold. About the year 930, Hugh, King of Provence and Italy, becoming Jealous of his uterine brother, Lambert, Duke of Tuscany, asserted him to be a supposititious child, and ordered him * <'J«lboradT«raiif Legem Oondobadi" and *Lib6r oonira JadiciBm0oi."— (Agobftfdi Opera, ed. Baluiii, I. 107, 301.) Doth ibeie worki diiplay marked abUiiy aad a aplrik of enlighUned piety, mingled with freqaent abinnlitiea, whieh ahow that Agobard oould not, In all thingi, riie superior to the prejn- dleei of hie age. One of hif fltTorite argumenta it that the batUe ordeal wai approved by the Arian heretio Qundobald, whom he itigmatisea aa " quidam auperbna ao atnltoa hotretiena Gundobadua Burgundionum rex." Conoil. Valentin, ann. 856 oan. 12. * Can. Monomaohiam Caua. ii. q. t. * Nee nnqnam pro taU eaoaaa oiOaalibet generia pngna rel eampna ad ezamlnationem Judieetur. — Garol. Mag. Chart. Dl?iaionia ann. 800 cap. zi?. OTIIO THE GREAT. 185 in future to claim no relationship between them. Lambert, being ^^vir . . . bellicosnB et ad qnodlibet facinus andax," contemptuously denied the asix^rsion on his birth, and oflcrcd to clear all doubts on the subject by the wager of battle. Hugh accordingly selected a warrior named Teudinus as his champion; Lamliert was victor in the ensuing combat, and was universally received as the un- doubted son of his motlier. His triumph, however, was illcgallj' brouglit to a sudden close, for Hugh soon after suct«Hded in making him prisoner and deprived him of eyo- sigiit.* Still, some enlightened ecclesiastics continued to denounce the practice, represented by Atto, Bishop of Ver- celli, who declared it to be totally inapplicable to church- men and not to be approved for laymen on account of the uncertainty of its results ;* but representations of this kind were useless. About the middle of the century, Otho the Great apiHUirs, throwing the enormous weight of his influ- ence in its favor. As a magnanimous and warlike prince, the wager of battle appears to have possessed peculiar attrac- tions for his chivalrous instincts, and he extended its appli- cation as far as lay in his power. Not only did he force his daughter Liutgarda, in defending herself from a villanous accusation, to forego the safer modes of purgation, and to submit herself to the perilous decision of a combat,' but he also caused the abstract question of representation in the succession of estates to be settled in the same manner ; and to this day in Qermany the division of a patrimony among children and grandchildren is regulated in accordance with the law enacted by the doughty arms of the champions who fought together nine hundred years ago at Steil.* There was ' LtUprandl Aotopmloi. Lib. iii. eap. 46. * 8«d ifiud Jndleivm qnornndam laleoium folanimodo Mi, qaod nee l\|wlt •iiani omnino apiirobatar. Nam mpa liino«eiit«8 Tl«ii, noeaniM T«ro <?ielorM In Ull Jadi«lo ena Tidaiiiar.— (D« PrMnirlt Beeloi. Pi. ii.) Thla WM wrllton aboat 946. * Dllfcmiiri CfcroB. Lib. ii. ann. 960. * Widvklnd. Rar. Saxon. Lib. it. eip. x. — Tba bonefi ebronlclor eon- 186 THI WAQSR OF BATTLE. no question, indeed, which according to Otho could not be satisfactorily settled iu this manner. Thus when, in 9G3, he was indulging in the bitter recriminations with Pope John XIL which preceded the subjugation of the papacy under the Saxon emperors, in sending Bishop Liutprand to Rome to repel certain accusations brought against him, he ordered the armed followers of his ambassador to sustain his asser- tions by the duel : a proposition promptly declined by the pontiff, skilled though he was in the use of weapons.* A duellist, in fact, seems to have been reckoned a necessary adjunct to diplomacy, for when, in 968, the same Liutprand was dispatched by Otho to Constantinople on a matri- monial mission, and during the negotiations for the hand of Theophania a discussion arose as to the circumstances which had led to Otho's conquest of Italy, the warlike prelate offered to prove his veracity by the sword of one of his attendants : a proposition which put a triumphant end to the argument." Nor was the Readiness to commit the mightiest interests to the decision of the Judicial duel confined to Qcrmany and Lombardy. When, in 948, at the Synod of lugeliieim, Louis d'Outromcr invoked the aid of the church in his death-struggle with the rising race of Oapct, he closed the recital of the wrongs endured at the hands of Uugh-le- Orand by offering to prove the Justice of bis complaiuts in single combat with the aggressor." When the battle ordeal was thus thoroughly incor[K>rated in the manners of the age, we need scarcely bo surprised that, in a life of St. ■Idon Uiai U would h»Te boon diigraoeftil to the nobUiiy to treat qnostlooi routing to thorn in » plobeian mannor. ' Rez autom moliori eonfilio Bino, noluit Tirol nobilei ao sonoi popoli inhonotto traotari, led tnogia rom inter gladiatorei dltoerni Juatit." In botli these easei OUio may be laid to have had aneient euitom in hi« thvor. Bee L. Longobard. Lib. x. Tit. zii. f 2.— L. Alamann. eap. lvi., lxzxit. ; Addlt. eap. xxii. ' Liutprandi Hiet. Otton. oap. vii. Llntprandi Legat. oap. Ti. " Hl« at dux eontraire audeat, nobis tantum aingolariler oongrediendam fii.— Oonqaest. Ludor. in Synod. Ingilheim. ann. 048. OTUO II. 18t Matilda, written by command of her son Otho the Great, the author, after describing the desperate struggles of the Saxons against Charlemagne, should gpaTely inform us that the war was at last concluded by a duel between the Cliristian lioro and his great antagonist Witikind, religion and eni)>ire licing both staked on tlie issue as the prize of the victor; nor does the pious chronicler shudder at the thought that the destiny of Christianity was intrusted to the sword of the Frank. The second Otho was fully imbued with his father's ▼iews, and so completely did he carry them out, that in the Lombard law he is actually credited with the intro- duction of the duel." In the preceding essay, allusion has been made to his substitution of the judicial combat for the sacramental oath in 983, and about the same period, he made an exception, in favor of the battle ordeal, to the im- memorial policy of the barbarians which permitted to all subject races the enjoyment of their ancestral usages. At the council of Verona, where all the nobles of Italy, secular and ecclesiastical, were assembled, he caused the adoption of a law which forced the Italians in this respect to follow the customs of their conquerors.' Even the church was dcprivc<l of any exemption which she might previously have enjoyed, and was only allowed the privilege of ap- pearing by her "advocatl" or champions.* There were small chances of escape from the stringency of these regu- lations, for an edict of Otho I. in 971 had decreed the * Uiriffqii« plaeaii \|»rinelpiba9, vi ipel fliiKiiH iiiTl««in «llnile«iari oonrar- gtrenl, •i evl lort TletoriMn eoiitaliM«t, ipsi totat ezotoiliit tliift dablo parerel.— R. MtlhUd. Begin. VU. e. 1. * Nmi bcUi doBo diUt nx raaxlmof Oito. * QoManqno Irgt, liTe eilam Romana, in omni regno Ilalieo homo Tizeret, Inn omnia ni in hit eapltoUi per pngnam dcoerniravt obeerTaro.— L. Longo- bard. Lib. ii. Tit. U. 4 88. * Do oeeleaiamm rebni at per adroealoi Aat timUiler Jabcmoi. — Ibid. ♦ M 12* 188 THE WAQBR OF BATTLE. punishment of confiscation against any ono who should refuse to undergo the clumccs of the combat.* Under such auspices, and stimulated by the rising spirit of chivalry, it is no wonder that tlie judicial duel acquired fresh importance, and was more extensively practised than ever. From the wording of a constitution of the Emperor Henry II., it may even be assumed that in the early part of the eleventh century it was no longer necessary that there should be a doubt as to the guilt of the accused to entitle him to the privileges of the combat, and that even the most notorious criminal could have a chance of esca\|)e by an appeal to the sword.* Thus it came to pass that nearly every question that could possibly arise was finally deemed liable to the decision of the wager of battle. If Otho the Great cm- ployed champions to legislate resi)ecting a disputed i)oiut of law, he was not more eccentric than the Spaniards, who settled in the same manner a controversy regarding the canonical observances of religion when the fiery and indomitable Ilildebraud endeavored to force the introduce tion of the lloman liturgy into Castile and Leon, in lieu of the national Gothic or Mozarabic rite. With considerable difiicalty, some years before, Navarre and Aragon hod been led to consent to the change, but the Oastilians were dog- gedly attached to the observances of their ancestors, and stoutly ref\ised compliance. In 1011, Alfonso I. procured the assent of a national council, but the people rebelled, and after repeated negotiations tlie matter was finally referred to the umpirage of the sword. The champion of the Gothic ritual was victorious, and tradition adds that a second trial was made by the ordeal of fire ; a missal of ' Si non »iid«at, rM raa inflsMntnr. — Oonrent. Papieni. ann. 971. * Qui T«ro infra tr«agiiin, poit datum ofoolum paci», aUum lioiiiiii«iii in- Urf<M«ri(, •% DAgar* Tola«rit, pagnam pro m faoiat.-"L. Longobord. Lib. i. Tii. iz. f 88. OTnO or BAVARIA. 189 each kind was thrown into the flames, and the national liturgy emerged triumphantly unscathed.* Nearly contemporary with this was the celebrated case Of Otho, Duke of Bavaria, perhaps the most noteworthy example of a judicial appeal to the sword, as it proved the commencement of the terrible Saxon war, and of the troubles which, nggravated by the skilful hand of Hilde- brand, pursued the unfortunate Emperor Henry lY. to the grave, and did so much to establish the temporal supremacy of the papacy. A worthless adventurer, named Egeno, accused the proud and powerful Otho of conspiring against the Emperor's life. In a diet held at Mainz, the duke was commanded to disprove the charge by doing battle with his accuser within six weeks. According to some authoritieS\| his pride revolted at meeting an adversary so far his infe- rior; according to others, he was prevented from appearing in tlie lists only by the refusal of the Emperor to grant him a safe conduct. Be this as it may, the appointed term elapsed, his default of appearance caused Judgment to be taken against him, and his duchy was confiscated accord* ingly. It was bestowed on Welf, son of Azo d'Este and of Cunigunda, descendant and heiress of the ancient Guelfio Agilolfings; and thus, on the basis of a judicial duel, was founded the second Bavarian house of Guelf, from which have sprung so many royal and noble lines, including their Ouelflc Majesties of Britain. Some years later, the Em* pcror himself oiTered to disprove by the same means a similar accusation brought against him by Duke Reginger, of endeavoring to assassinate his rival, Rodolph of Swabia. A day was appointed for the combat, which was prevented only by the opportune death of Reginger.' Scarcely less impressive in its results, and even more remarkable in itself, as exhibiting the duel invested with ' Porrenif, ntii. 06n. dBinwsii«, Trnd. d^nermniy, Itl. U$. linnbtri. Sehaflnab. mm. 1070, 1078, 1074.— Connd. UrifMrg. MB. 1071. — Dnmo d« D«l1o SaxoiiIoo. 140 TnS WAQBR OV BATTLE. legislative as well as judicial functions, is the case wherein the wager of battle was employed in 1180 to break the overgrown power of Henry the Lion, That puissant Duke of Saxony and Bavaria had long divided the iK>wer of the Empire, and defied the repeated efforts of Frederic Barbarossa to punish his constantly recurring rebellious. Cited to appear and answer for his crimes in successive diets, he constantly refiised, on the plea that the law required him to have a trial within his own dominions. At length, in the diet of Wurtzburg, a noble arose and declared himself ready to prove by the single combat that the Emperor could legally cite his princes before him at any place that he might select within the limits of the em- pire. Of course there was none to take up the challenge, and Frederic was enabled to erect the principle thus asserted into a binding law. Henry was condemned by default, and his confiscated possessions were shared between those who had arranged and enacted the comedy.* To such an extent was carried the resi)cct entertained for the judicial duel, that, by the English law of the thirteenth century, a pleader was sometimes allowed to alter the record of his preliminary plea, by producing a man who would offer to prove with his body that the record was incorrect, the only excuse for the absurdity being that it was only allowed in matters which could not injure the other side;* and a malefhctor turning king's evidence was obliged, be- fore receiving his pardon, to pledge himself to convict all his accomplices, if required, by the duel.* The implicit * OoDrad. Unperg. ann. 1176. — Oamqn* nnUna Uti ta offerrat ad pngnam adioto Imparatorto pnafatascntaDtla pro Jnra perpatuo ■tatata att, quam aon dablam ati aatorikata at ratloD* firmari. * Bt ftatim hoo probara par anam aadUntam ai iDUIIigaDUm, qnl iaeoDtl- B«Dti paraiofl sit hoo probara par oorpoi tnam, ■! earia eoncidorararit. Bt ■io potarit qnif raoordam ranm mntaro, angora, ot mlnaoro, qnla oz hoo nnUam damnam habobit adronarlai. — BraotOD. Lib. iti. Traot. ii. oap. 87^6. > Ibld.aap.SS^S, andS4 41. EXPLANATION OF DOUBTFUL 0A8B8. 141 confidence inspired by the duel is well illustrated bj a case which occurred about the year 1100. A sacrilegious thief named Ansclm stole the sacred vessels from the church of Laon and sold them to a merchant, from whom he exacted an oath of secrecy. Frightened at the excommunications fulminated by the authorities of the plundered church, the unhappy traitor rcTcaled the name of the robber. Anselm denied the accusation, offered the wager of battle, defeated tlie unfortunate receiver of stolen goods, and was proclaimed innocent. Encouraged by impunity, he repeated the offence, and after his conviction by the ordeal of cold water, he confessed the previous crime. The doubts cast by this event on the efficacy of the judicial combat were, however, happily removed by the suggestion that the merchant had suffered for the violation of the oath which he had sworn to Ansclm; and the reputation of tlie duel remained intact.* Jt may readily be imagined that cases of this nature fre- quently arose, and as they often did not admit of so inge- nious an explanation of the criminal's escape, legal casuists assumed a condition of being, guilty in the sight of God, but not in that of man— a refinement of speculation which even finds place in the German codes of the thirteenth century;* and men contented themselves then, as they do still, with prcMlicting future misfortunes and an eternity of punish^ mcut. The more direct solution, in cases of unjust con- * (lalbtri. NoTtogeni. de Vita raa Lib. iif. eap. xrl. — H«rmaiiii. do Mine* 8. MaHm Landun. Lib. it. eap. SB.— Fonitaa ni mnlli patarvDlk pro fl«l<>i Tiolalm roaia, qua proniMrai fid em Aoielmo, qaod oam aoii detegorei. (I>ii Cange.) * Und difer Tor Get feholdig, and Tor den Inten nil. — (Jar. ProTin. Ala* mann. eep. eexiz. f 8.) Tliit ii a proTielon for eaooe In whieli a ifiiefaeenset a reeelTcr of baring miggeeted and aesisiod Jlio orime. They are made to Sght, when, if the receiver if wonted, both are banged ; if tbo thief, bo alone, and the reeelrer eecapee tbongh eriminal. The Freneb Tenion oalargee •omewbat on the prinelple inTolved : ■' So il pnet Tanore iantro ofi qnitoo ot Ii anire »era pandni. et aera an oolpe anrer lo mnnde et anTor dex andni. ee avient a aMf»B de genu, qae aneone Punt an eolpe taTor dex oi ao »lo aavor le Prigle.*>.(Miroir. de Bouabe, P. ii. o. tI.) 142 TUB WAQER OF llATTLK. demnation, was very much like that which justiflcil tho defeat of Anselm's merchant — ^that the unfortunate victim, though innocent of the special offence charged, suffered in consequence of other sins. This doctrine was even sup- ported by the infallible authority of the papacy, as enun- ciated in 1212 by Innocent III. in a case wherein the priory of St. Sergius was unjustly convicted of theft by the judicial duel, and its i)Ossessions were seized in consequence by the authorities of Spoleto. That the combatants them- selves did not always feel implicit confidence in the justice of the event, or rely solely upon the righteousness of their cause, is shown by the custom of occasionally bribing Heaven either to assist, the right or to defend the wrong. Thus, in the eleventh century, we find the monastery of St. Peter at B^e in the enjoyment of certain lands bestowed on the Saint by Sir Miles the Stammerer, who thus en- deavored to purchase his assistance in a combat about to take place — a bargain no doubt highly appreciated by the worthy friars.' Notwithstanding the wrong and injustice wrought by the indiscriminate and universal application of so senseless a custom, it was so thorouglily engrafted in the convictions ^mid prejudices of Europe that centuries were requisite for its extirpation. Curiously enough, the eai'liest decisive action against it took place in Iceland, where it was for- mally interdicted as a judicial proceeding in 1011;' and though the assumption that this was owing to the intro- duction of Christianity has been disproved, still the fact that both events were contemporaneous allows us to con- clude that the teachings of the true religion had a powerful % * Om. Blgnifieantlbiii, Bzira, D« PargaUon* ValgarL— " DaeUam In qao ftliic pMoaiif laic prapedienliboi, oeeideroDt." " Iidem qaoqn* Milo . . . monomaohi oerUUarnt pngna, atiribnit ianeto Pefcro Urram qpam habebat in Luoo, prope atrium eoolef to, quo libi ai^uUir in difpotito bdllo •xistorii. — Ohron. BeracnM, Chart. d« Looo. ' Soblogeli Oommrat. ad Qrig&t, p. xxM, INFLUBNOB OF THB 00MMUNB8. 148 inflncnco in leading the inhabitants to abandon their an- cestral custom. The Danes were the first to follow the example. Indeed, Saxo Orammaticus in one passage attributes to them the priority, asserting that when Poppo in 9G6 converted Harold Blaatand by the ordeal of red- hot iron, it produced so powerful an cflTcct as to induce the substitution of that mode of trial for the previously existing wngcr of battle.* Yet it evidently was. not abro- gated for a century later, for when Harold the Simple, son of Svon Kstritli, ascended the throne in 1074, among the legal innovations which he introduced was the substitution of the purgatorial oath for all other forms of defence, which, Saxo si)ccifical1y states, put an end to the wager of battle, and oiwned the door to great abuses.* Fiercer tritios timn these in Euro\|>e there were none, and ihcir nbrogniion of the battle trial at tliis early age is an incxplicalile anomaly. It was an exceptional movement, however, witliout results beyond tlieir own narrow boun- daries. Other causes had to work slowly and painMly for ages before man could throw off the bonds of ancestral prejudice. One of the most powerful of these causes was the gradual rise of the Tiets-l^tat to consideration and importance. The sturdy bourgeois, though ready enough with morion and pike to defend their privileges, were usually addicted to a more peaceful mode of settling private quarrels. Devoted to the arts of peace, seeing their interest in the pursuits of industry and commerce, enjoying the advantage of settled and permanent tribunals, and exiK>sed to all the humanizing and civilizing influences ' Qno •renlt ni Dftnl, AbrogftU dncUoram eonfii»ladin», pleraqno eansAmm Jad!«iA eo experinenll genere eoniUinni deeern^reni, eoniroT^riiarnn ma- nen reellni nd urbHrlam ditinon qiiam ad hvntfiAm rlzam nUgiiadiiiii pvUntci.— SazoD. GramniAi. lliit. Dan. Lib. x. * Ip«a nanqne defeadendl pol«»tas non armorum non Uiilam «sa, ted f ola •neram^nK ftde fnbntza, maltoruoi eonalni Totornm eapiditaU perjnrlo polInU, ted ei fondlint f InKalarlan oongratf lonnm mom aTarili. PoiUrIf nanqno tancepian caaMrnm eonlrorersiaa saliaf Jnrejnrando ▼linm ati ox- pedire f\|aaiB ferro — Ibid. Lib. xi. 144 TUB WAQSU OF BATTLE. of doBO asBOciation iii communiticB, they spccclily acquired ideas of progrcsB very different fi'om those of the savage feudal nobles living isolated in their fastnesses, or of the wretched serfs who crouched for protection around the castles of their masters and oppressors. Accordingly, the desire to escape from tlio necessity of purgation by battle is almost coeval with the founding of the first communes. The earliest instance of the kind that I have met with is ipontained in the charter granted to Pisa by the Emi)eror Henry lY. in 1081, by which he agrees that any accusa- tions which he may bring against citizens can be tried without battle by the oaths of twelve compurgators, except when the penalties of death or mutilation are involved ; and in questions concerning land, the duel is forbidden when competent testunony can be procured.^ Limited as these concessions may seem, they were an immense inno- vation on the prejudices of the age, and are important as affording the earliest indication of the direction which the new civilization was assuming. Not long after, about the year 1105, the citusens of Amiens received a charter from their bishop, St. Oodfiey, in which the duel is subjected to .some restriction — not enougli in itself, iierhaps, to effect much reform, yet clearly showing the tendency which ex- isted.' Perhaps the earliest instance of absolute freedom from the Judicial combat occurs in a charter granted to the inhabitants of Bari by Roger, King of Naples, in 1182.' In that of Nieuport, bestowed in 1168, by Philip of Alsace, ' LUDlg God. Diplom. Itol. I. S465.— The liberal Urmi of thU ohArter show ihe oAHghUDmeDi of the Bmperor, and ezpUIn the fidelUj menifeiied for him bj the imperial oitiet In hit desperate itrugglee with bit robelliouf noblee And an implnoable papne/. • Bi oonrentio nllqna faota ftierit ante dooi Tel plarot loabinot, de eon- Tentione ilia ampling non rargct campof toI daellum, pI fcablni qui eonten- tioni interfVierInt, hoc teitlflcatl fuerint. — Chart. Commun. Ambianens. o. 44. (Mignee Patrolog. T. 162, p. 760). ' Ferrumi oaeaYam, pagnam, aqnam, robia non judioabit vel judicarl fkoiet. (Maratori, Antiq. Ital. Diasert. 2(8.) INFLUBNOE OF OOHMEBOB. 146 while the ordeal of red-hot iron and compnrgatorial oaths arc frcci}' alluded to ais means of rebutting accusations, there is no reference whatever to the battle trial, showing that it was by that time no longer in use. Even in Scotland, partial exemptions of the same kind in favor of towns are found as early as the twelilh century. A stranger could not force a burgher to fight, except on an accusation of treachery or tlieil, while, if a burgher desired to compel a Rirnugcr to the duel, he was obligcfl to go beyond the con- fines of the town. A si^ecial privilege was granted to the royal burghs, for their citizens could not be challenged by the burghers of nobles or prelates, while they had the right to oflfer battle to the latter." The special influence exercised by the practical spirit of trade in rendering the duel obsolete is well illustrated by the privilege granted, in 11 27, by William Clito to the mer- chants of St. Omer, declaring that they should be free from all apiKuils to single combat in all the markets of Flanders.* In a similar spirit, when Frederic Barbarossa, in 1173, was desirous of attracting to the markets of Aix-la-Chapello and Duisbourg the traders of Flanders, in the code which he established for the protection of such as might come, ho specially enacted that they should ei\Joy immunity from the duel.* Even Russia found it advantageous to extend the same exemption to foreign merchants, and in the treaty which Mstislas Davidovitch made in 1228 with the Ilanso- town of Uiga, he granted to the Germans who might seek ' OndeghMvi, AnnalM de Flaodro ^d. L«ibro«M«rt T. ti. boU ad flu.— Th« lawf bMiow«d by PhUIpp* on the eitj of Oheoi in 1178 haT« bo alln* •ion to nny vpoetot of ordonl, and appear to roti altogothor on ordlnar j legal profffweo.— Ibtd. T. l. p. 426 »qq. * L. DnrgofUBi o. 14, 15. (Skene.) * In omni nereaio Flandri* el qnli elamorem adrortnt eoi niiellaTerii, Jndteinm foabinornm de onint elamore fine dnello rabeani; ab dnoiio rero ■iUrlne liberl tint ^(WarnliHnlK, Ilitt. de la Flandre, II. 411.) * Nemo mereaiorem de Flandria duello prorocabli. (Ibid., II. 426.) 13 146 THE WAQBB OF BATTLE. his dominions immunity fVom liability to the red-hot iron ordeal and wager of battle.^ Germany seems to have been somewhat later than France or Italy in the moYcment, yet her burghers evidently re- garded it with favor. In 1219, the charter granted to Niim- berg by Frederic II. expressly exempts the citizens from the appeal of battle throughout the Empire.* The statutes of Eisenach, in 1288, provide that no duel shall be ad- Judged in the to¥m, except in cases of homicide, and then only when the hand of the murdered man shall be pro- duced in court at the trial.* In 1291, Rodolph of Ilaps- burg issued a constitution declaring that the burghers of the free imperial cities should not be liable to the duel out- side of the limits of their individual towns,* and in the Kayser-Recht this privilege is extended by declaring tljp burghers exempt from all challenge to combat, except in a suit brought by a fellow-citizen.* All these, however, were special privileges for a limited class of men, and their local regulations hud no direct bearing on general legislation, except in so fur us they might assist in softening the niuunurs of their generutiou and aiding in the general spread of civilization. A more efficient cause was to be found in the opposition of the * BniMiiip Hlti. de Ruaste, II. 273 (Du Boyt, Droit Crlmlnel dM Peap. Mod. I. 603). * lUn, nomo altqaom ciTem loci itUaa daello impetoro dobei in toto Bo- mano Imperio.^Oonstit. Frid. II. do Jar. Norimb. f 4 (Qoldaai. ComUI. Imp. I. 291). * Honke, Qtatih, dot Dent. Peinliobon Rocbti I. 102 (Dn Boys, op. oit. II. 500). * NallnJ TO! Tol TOttrnm aliqaem modo dnellioo yoI per Yiam dnelli extra eivitatom oitare ponit vol debeat evooare. (Qoldnst. Op. cit. I. 314.) * Imperator eoe immnnet deolaravit a duello, . . . nt non poseint con- Toniri niai oiribni in eadem oivitate babitantibni, nbi vir ille moratnr eni lie moYetur.— Jar. CaDiar. P. it. oap. 1. (Senokenberg. Oorp. Jar. Oennan. I. 118). This portion of the Kayeer-Reoht if probably therefore posterior to the rise of the Hapebnrg dynaity. OPPOSITION or THB OHUBOH. 14T church, which, as has been seen, never looked upon the duel with favor, and constantly endeavored to discredit it. Near the close of the twelfth century, Celestin III. pro- hibited it in general terms,* and he further pronounced that champions in snch contests, together with principals, were guilty of homicide, and liable to all the ecclesiastical penal- ties of that crime.' Innocent III., moreover, took care that the g#At council of Latcran in 1215 should confirm all the previous prohibitions of the practice.* How difficult it was to enforce rcsi)ect for these precepts, even among church- men, has been shown above, and the persistence of ecclesias- tical belief in the divine interposition is fairly illustrated by a cose, rejated with great triumph by monkish chroni- clers, as late as the fourteenth century, where a duel was undertaken by direction of the Virgin Mary herself. In 1325, a French Jew feigned conversion to Christianity in order to gratify his spleen by mutilating the images in the churches, and at length he committed the sacrilege of car- rying off the holy wafer to aid in the unknown and hideous rites of his fellows. The patience of the Virgin being at last exhausted, she appeared in a vision to a certain smith, commanding him to summon the unlucky Israelite to the field. A second and a third time was the vision repeated without effect, till at last the smith, on entering a church, was confronted by the Virgin in person, scolded for his remissness, promised an easy victory, and forbidden to pass the church door until his duty should be accomplished. He obeyed and sought the authorities. The duel was decreed, and the unhappy Hebrew, on being brought into ' " In 00 OMQ, Tol Allif •tlftm, bo« non dtbei allqwiUfiiif ioleraro'* (Can. 1, Rztrft, Lib. T. Tli. xzzr.). Tbo rubric of tbli oanoa it er«n more do* eid«4. — ''Dvella et allie pnrgailonM TnlgarM problblMe lant, qalaperoM anltAilM oondemnaUr abfoW^ndafp et Dent ientari Tldeiar." * Qaod UIm pogllM homlcldB T«rl ezlsinni. . . . Homloldlnm aatoa, laa faoto qnam prceepto, iIt* oonillio, a«i defeniionc, son est dnblvm per- peirarl.— Can. t, Kztra, Lib. r. Tit. zr. * Coaeil. Lateraaens. IV. Can. 18. 148 THB WAOBB OF BATTLE. the lists, yielded without a blow, falling on his knees, con- fessing his unpardonable sins, and crying that he could not resist the thousands of armed men who api)earcd around his adversary with threatening weapons. He was accordingly promptly burned, to the great satisfaction of all believers.* Yet for all this, the opposition of the church, as authoritatively expressed by successive pontiffs, could not but have great influence in opening the minds 4f men to a sense of the cruelty and injustice of the custom.' But perhaps the most potential cause at work was the revival of the lloman Jurisprudence, which in the thirteenth century commenced to undermine all the institutions of feudalism. Its theory of royal supremacy was most agree- able to sovereigns whose authority over powerful vassals was scarcely more than nominal ; its perfection of equity between man and man could not fail to render it enticing to clear-minded Jurists, wearied with the complicated and fantastic privileges of ecclesiastical, feudal, and customary law. Thus recommended, its progress was rapid. Mouarchs lost no opportunity of inculcating resi)ect for that which served their purpose so well, and the civil lawyers, who were their most useful instruments, speedily rose to be a power in the state. Of course the struggle was long, for feudalism had arisen f^om the necessities of the age, and a system on which were based all the existing mstitiitions of Europe could only bo attacked iu detail, and could only be destroyed when the advance of civilization and the general diffusion of enlightenment had finally rendered it obsolete. The French Revolution was the final battle-field, and that terrible upheaval was requisite to obliterate a foim of society whose existence had numbered nine hundred yea^s. * WUUlml Egmond. ChroD. (MnUhtti AnalMi. IV. 281.) " As laie m 1492, the Synod of Sohwerin promalgaUd a oitnon prohlbillng Ohriitian bnrial to thoio who foU in the dnel or In tonrnnmenti.— Synod. Swerin. ann. 1492 Can. uir. (Harttholm Conell. Gorman. V. 647.) SFFOBTS TO RB8TBI0T TUB DUBL. 149 Tho wagor of battle was not long in experiencing the first assaults of the new power. The earliest efficient steps towards its abolition were taken in 1231 by the Emperor Frederic II. in his Neapolitan code. He pronounces it to be in no sense a legal proof, but only a species of divination, incompatible with every notion of equity and Justice, and he prohibits it for the future, except in cases of murder and treason wliero other proof is unattainable; and even in these it is placed at tlie option of tlie accuser alone, as if to render it a punislnnent and not a trial.* The German Imperial co<le, known as the Kayser-Recht, which was pro- bably compiled about the same time, contaihs a similar denunciation of the uncertainty of the duel, but does not venture on a prohibition, merely renouncing all responsi- bility for it, wliiie recognizing it as a settled custom.' In tlie portion, however, devoted to municipal law, which is probably somewhat later in date, the prohibition is much more stringently expressed, manifesting the influences at work ;* but even this is contradicted by a passage almost immediately preceding it. How little influence these wise counsels had, in a state so intensely feudal and aristocratic, is exemplified in the Swabian and Saxon codes, where the duel plays so important a part. Yet the desire to escape it was not altogether confined to the honest burghers of the cities, for in 12t7, Rodolph of Ilapsburg, even before he granted the immunity to the imperial towns, gave a charter to the ducliy of Styria, securing to tlie Styriaus their privi- ■ Coniiit. Slevliir. Lib. ii. Tit xxxU. xzxHi.— " Non Urn T«ni probatlo qniin qusdan dlrlnailo . . . qua natvra noil oonaonans, » juf oomniiBi detial, Bqnltiilti raltonibiit non eonsenili.'* * Cnm Ttdertt innoeraUf in dneUo rao«abii1ne, •! lontot oonira In ran InlntUiln nlhUominni Tlotorinn obllnnlsse. Bi Ideo In Jam Imfwrll lerlp- lam Mt, abl dao ex mor« Indnellnn proocdnni, hoe non perilnetnd Importan. — Jnr. Cstar. P. ii. o. 70. (8enoli«nb«rg I. 54.) * Qnllibei petal iniperatoreni Join i«te nt nemo alteram ad dnellvm proroeet. . . . Nemo enim nnqoara foriloree proToearl Ttdti, Md aemper debiltores, •t fortioref Mmper irlarapharnnt — Ibid. P. it. cap. 19. 1.3* 150 THS WAQSB or BATTLS. leges and rights, and in this he forlMidc the duel in all coses where sufficient testimony could be otherwise obtained; while the general tenor of the document shows that this was regarded as a iavor.^ In 1248, Don Jayme I. of Aragon, in revising the firan- chises of M^orca, prohibited the Judicial combat in both civil and criminal cases.* Within fifteen years from this, Alfonso the Wise of Castile issued the code generally known as Las Siete Partidas. In this he evidently desired to curb the practice as for as possible, stigmatizing it as a custom pe- culiar to the military class (por lid de caballeros 5 de peones), and as reprehensible both as a tempting of Qod and as a source of perpetual injustice.' Accordingly, he subjected it to very important limitations. Tlie wager of battle could only be granted by the king himself;* it could only take place between gentlemen,' and in personal actions alone which savored of treachery, such as murder, blows, or other dishonor, inflicted without warning or by sur- prise. Offences committed against proixsrty, burning, forcible seizure, and otlior wrongs, even witliout delluni^e, were specifically declared not subject to its decision, the body of the plaintiff being its only recognized justifica- tion.* Even in this limited sphere, the consent of both * 81 inUr SilrlensM quaDitioncm oonUngai orirl, dueUam loonm aoa habdAt, T«l probaiio per oamptonem, abi testes idonei produoentar, seeundam qnoram testimoDinni qasDstlo diriuAtur. — Rudolphi I. PriYileg. (Ladewig Keliq. M8S. T. IV. p. 260.) * Do Oange, s. t. JkUalia. * Los sabios anttgaos que fleicron los leyes dod la toTieron por dereoba pmeba : od esto por dos rasones ; la «na porque maobas Yegadaa aoaesoe qne en tales lidespierde la yerdat e venoe la montira : la otra porque aqael qae ba Tolantad de se aventurar & esta praeba semeja que qulere tentar i Dios nnestro seSor.— Partidas, P. in. Tit. xlr. 1. 8. * Ibid. P. Tii. Tit. ill. 1. 2. * Ibid. P. VII. Tit. lU. 1. 8. * Bt iobre todo deolmos qae non se pnede Ibof r riepto sinon sobre oosa 6 fieobo en qne eaja trayoion 6 aleve ; et por onde si nn ftdalgo 4 otro qneinare 6 derrlbare easas, 6 eortare TiSas 6 Arbolesi ^ forsaro baber 6boridat, 6 Oeiore SPAIN. 151 parties was rcqnisitc, for the apix^Ilant could prosecute In tbc ordinary legal manner, and the defendant, if challenged to battle, could elect to have tlie case tried by witnesses or inquest, nor could the king himself refuse him the right to do so.* When to this is added that a preliminary trial was requisite to decide whether the alleged oflTenco was treach- erous in ilR character or not, it will lie seen that the combat wan hedged around with such difllculties as rendered its presence on the statute book scarcely more than an unmean- ing conecRsion to {lopular prejudice ; and if anything were wanting to prove the utter contempt of the legislator for the decisions of the battle-trial, it is to be found in the reg- ulation that if the accused was killed on the field, without confessing the truth of the crime imputed, he was to bo pronounced innocent, tss one who had fallen in vindicating the truth.* The same desire to restrict the duel within the narrowest possible limits is shown in the ndes concerning the employment of champions, as has already been seen. Although the Partidas as a scheme of legislation was not as suocessfhl OS it deserved to Iks, and although it was most unwillingly received, still these provisions were lasting, and pro<luce<l the effect designed. The Ordenamiento de Alcali(\| issued by Alfonso XI. in 1348, which remained in force for nearly two centuries, repeats the restrictions of the Partidas, but in a very cursory manner, and rather in- cidentally than directly, showing that the judicial combat was then a matter of little imfiortance, and that the ordinances of Alfonso the Wise had become part of the •Cro mal quo aon Unga •n ra 6a«rpo, mugiitr non 1* haya ante dMafldo, non •f por Md* al«TOM, aU \|ni«d« rtpiar por •Uo.— ParUdai, P. Tii. Tit. Hi. M. ' Tres diaii d«1i«M aoordarel replado para emoger una d« la« trM nanerai i\|aa detato dixlemot, qnal mM qniiier« porqne m Hbra «l plsyto. . . . oa el ra Ilia sv eorU bob Imb de naadar Udtao por riepto.-— Ibid. P. rii. Tit. ill. 1.4. * Mnera qailo del riepln ; ea rasoB tn qa« iea qntto qnlea defendlcndo la T^rdad reelMA mnrrtc.— Ibid. P. vii. Tit. Ir. 1. 4. 162 Tns WAOBB or battle. national law, to be received as a matter of conrse.* In fiftct, tlie Jurisprudence of Spain was derived so directly from the Roman law through the Wisigothic code and its Romance recension, the Fuero Jusgo, that the wager of battle could never have become so deeply rooted in the national fiiith as among the more purely barbarian races. It was therefore more readily eradicated. The varying phases of the struggle between progress and centralization on the one side, and feudalism and chivalry on the other, were exceedingly well marked in France, and as the materials for tracing them are abundant, a more detaUed account of the gradual reform may perhaps have interest, as illustrating the long and painful strife which has been necessary to evoke order and civilization out of the incongruous elements from which modem European society has sprung. The sagacity of St. Louis, so rarely at fault in the details of civil administration, saw in the duel not only an unchristian and unrighteous practice, but a symbol of the disorganizing feudalism which ho so ener- getically labored to suppress. His tcm\|)er led him rather to adopt pacific measures, in sapping by the forms of law the foundations of the feudal power, than to break it down by force of arms as his predecessors had attempted. The centralization of the Roman polity might well appear to him and his advisers the ideal of a well ordered state, and the royal supremacy had by his period advanced to a point where the gradual extension of the Judicial prerogatives of the crown might prove the surest mode of humbling in time the haughty vassals who had so often bearded the sovereign. No l^al procedure was more closely connected with feudal- ism, or embodied its spirit more thoroughly than the wager of battle, and Louis accordingly did all that lay in his power to abrogate the custom. The royal authority was strictly circumscribed, however, and thou^, in his cele- ' OfitoMmiMilo d« AleaU, Tli. xxzii. n.vii.~zt I.B0I8LATI0N OF ST. LOUIS. 153 bratGcl Ordonnanoe of 1260, he formally prohibited the battle trial in the territory subject to his jurisdiction/ ho was obliged to admit that he had no power to control the courts of his barons beyond the domains of the. crown.' Even within this comparatively limited sphere, we may fairly assume from some passages in the ^tablissements, compiled a1)ont the year 1210, that he was unable to do away entirely with 'the practice. It is to be found permitted in some canes both civil and criminal, of i)cculiarly knotty character, admitting of no other np\|>arcnt solution.' It seems, indeed, remarkable that he should have authorized it even between brothers, on criminal accusations, only restricting them in civil suits to fighting by champions,* when the Gtorman law of nearly the same period forbids the duel, like marriage, l>otwoon relations in the fifLh degree, and states that pro- viounly it had been prohibited to those connected in the seventh degree.* ' Now deffsodoof li tow let baUinof pMr tout noitro domoDgno, m^ now B'oftom mie !•■ eUlni, !•• rotponi, los eonronanli, oto. . . . fori que now ostom Im bataiUM, oi en lien dei batalUei nons meton praerei de tesmolm, •I ■! Boaioii pM let anlret bonct proQTM ot Iojmix, qui oot ctt6 6o ooarl Uyo ffiqaet t oro.— iMmbert, I. S84. liftiirttro (Tabl. detOrdonn. p. 17) allndes to ao odiet to the hubo purport Qoder ditto of 1340, of whiob I ean oowboro elio flnd a trace. So 00 oit en Pobeiitance le Boy ; ot so eo eet hori robeinanoo lo Roj, gago do baUillo. (£ia,h. do St Lonli, Lir. ii. obap. zl., zziz., zzzrUI.) Boaamanoir repeati It, a quarter of a oontnry later. In tbe moot prooloo torme, "Car tout oil qui ont Jaetieo on la eontd poent malntonir lor eort, 111 lor plont, lolone Tanelenno eoastuno ; et sil lor plest 11 lo poont tenlr lelono reetabliffOBient le Roy." (Cent, du Beanr. oap. zzzlz. f 21.) And afaln, '* Car quant II role Lois leo oota do sa oort U no les oota pw doi oonrt 4 soo barons.'* (Cap. lxi. f 15.) ' IjIt. I. obap. zztII., zei., eiHI. oto. Tbls is so entirely at Tarlanoo with the general belief, and militates so strongly with tbo opening assertion of tiio ftabllssemenU (Ordonn. of 1360) tiiat I sbould obsorro tbat in tbo obapters referred to the dlrooUon for tbo eombat Is absolute ; no altematlro Is prorided, and there Is no allwion to any differeneo of praotioe proTailIng In tbo royal eonrts and In those of the barons, such as may bo soon In other passages. (TjIt. i. ebap. ziXTlit., Izzzl., oxl., oto.) * Ibid. LIT. I. chap. elzrU. * jur. Profln. Alamann. oap. clzzi. H 10, 11, 18. 154 THB WAGKB OF BATTLE. Evon this qualified reform provoked determined opiK>8i- tion. Every motive of pride and interest prompted resist- ance. The prejudices of birtli, the strength of the feudal principle, the force of chivalric superstition, the pride of self-reliance gave keener edge to the apprehension of losing an assured source of revenue. The right of granting the wager of battle was one of those appertaining to the 7iai£/8- justiciers^ and so highly was it esteemed that paintings of champions fighting frequently adorned their halls as em- blems of their prerogatives ; Loysel, indeed, deduces from it a maxim, ''The pillory, the gibbet, the iron collar, and paintings of champions engaged, are marks of high Juris- diction."^ This right had a considerable money value, for the seigneur at whose court an appeal of battle was trieil received from the defeated party a fine of sixty livres if ho was a gentleman and sixty sous if a roturier, besides a perquisite of the horses and arms employed, and heavy mulcts for any delays which might be asked." Nor was this all, for during the centuries of its existence there had grown and clustered around the custom an immeasurable mass of rights and privileges which struggled lustily against destruction. Thus hardly had the ordonnance of prohibi- tion been issued when, in 1260, a knight named Mathieu-le- * Pilori, ^heUe, earqnant, et peintarM de ohamplonfl oombatUuis aoni mftrqa^i de hanU Juitie. — InitiL Ooutam. Lir. ii. TiL li. Reglo 47. BeMtmADoir, op. oit. ohap. lxi. §4 11, 12, IS. In Normandy, Uiom advantage were enjoyed by aU leigneurf Jnatlolen . « TuU oheraUer el tuii lergont onl en lenre lerros lenr Jastloe de baiaiUe en enuse eiteaine ; el quant U obampione eera Yalnons, U auront LX. lols et I denier de la r^r^andiae." — Kiab. de Normaadie (Bd. Marnier, p. SO). Those minutely lubdirided and pareelled out Juricdiollona were one of Uie most prolifio oanses of debate during the middle ages, not only on aoeount of the power and influenoe, but also from the proSls derived from them. That the prtrilege of deoreeing duels was not the least remnneratire of these rights Is well manifested by the deoision of an inquest held during the reign of Philip Augustus to determine the oonfliotlng Jurisdiotions of the duoal court of Nor- mandy and of tbe seigneurs of Vernon. It will be found quoted in Aill by Beugnot in his notes to the Olim, T. I. p. 9t9. RB8I8TAN0X OF VBUDALI8M. 155 Yoycr nctimlly bronght snit against the king for tho loss it inflicted npon him. He dolefully set forth that he en- jo3'ed the privilege of guarding the lists in all duels adjudged in tho royal court at Corbon, for which he was entitled to receive a fee of five sous in each case ; and, as his occupation thns was gone, he claimed compensation, modestly suggest- ing that he bo allowed the same tax on all inquests held under the new law.* But the loss of money was less important than the cur* tailment of privilege and the threatened absorption of power of which this reform was the precursor. Every step in advancing the influence of peaceful Justice, as expounded by the Jurists of the royal courts, was a heavy blow to the independence of the feudatories. They felt their ancestral rights assailed at the weakest point, and they instinctively recognized that, as the Jurisdiction of the roj'al bailiff's became extended, and as appeals to the court of the Parlo- mcnt of Paris became more frequent, their importance was diminished, and their means of exercising a petty tyranny over those aronnd them were abridged. Entangled in the mazes of a code in which the unwonted maxims of Roman law were daily quoted with increasing veneration, the im- petuous seigneur found himself the prey of those whom he despised, and he saw that subtle lawyers were busily undo- ing the work at which his ancestors had labored for cen- turies. Tliese feelings are well iK>rtrayed in a song of the lieriofi, exhumed not long since by Le Koux de Lincy. Written apparently by one of the suflbrers, it gives so truthful a view of the conservative ideas of the thirteenth century that a translation of the first stanza may not bo amiss : — ' !/•■ Olim, I. 401. li la perhapa naodlasa to luM ihat Mathlonfl sailwM rcjaeUd. Tbera ara many eaaaa raeordad in iha Olim f bowing iha qaaaitona whieh ftroao and parplaied iha lawjara, and Iha tiranuoaa afforia nada by iha paiiy aaignanra to praaerra thair prtTUagei. 166 THK WAGBB OV BATTLE. Gent de France, mnli eetes eebaliis I Je dl 4 tool 0608 qai Bont ses dee flet, etc. Ye men of Franoe, dismajed and sore Ye well may be. In sooth, I swear, Gentles, so help me God, no more Are je the freemen that je were I Where Is jour freedom f ye are brooght To tmst jonr rights to inqnest-law, Where tricks and qolbbles set at naught The sword joar fathers wont to draw. Land of the Franks I — no more that name Is thine — a land of slaves art thou, Of bondsmen, wittols, who to shame And wrong mast bend sobmissive now I Even legists — de Fontaines, whose admiration of the Di- gest led him on all occasions to seek an incongruous alliance between the customary and imperial law, and Beaumanoir, who in most things was far in advance of his age, and who assisted so energetically in the work of ccutralization — even these enlightened lawyers hesitate to object to the principles involved in the battle trial, and while disapproving of tlio custom, express their views in language whicli contrasts strongly with the vigorous denunciations of Frederic II. half a century earlier." ■ ReoneU de Ohants HittorlquM Franyals, I. S18.— 1( is not nnreaionable to oonjeotare that these lioea may hare been oeeaaloDed by the eelebratcd trial of Engverrand de Goaey in 1256. On the plea of baronage, he demaoded trial by the Gonrt odPeen, and claimed to defend himself by the wager of battle. BL Lonis proved that the lands held by Bnguerrand were not baroniai, and resisted with the utmost firmness the pressure of the nobles who made oommon eause with the oulprit. On the condemnation of de Ooncy, the Count of Britanny bitterly reproached the king with the degrada- tion inflicted on his order by subjecting its members to inquests.— Beugnot, Olhn I. 964.— Qrandes Ohroniques ann. 1266. * Et se II uns et 1i autres est si enreuds, qu'il n'en demandent nnl amesure- ment entrer pueent par folic en pcrlll de gages.— (Consell, chap. zr. Tit. xxrU.)— Car baiaiUe na mle leu oH justise a mesure.— (Ibid. Tit. zxrli.)— Mult a de periz en plot qui est de gages de baiaille, et mult est grans mestiers o'on Toist sagement avant en tei cas. — (CouL Uu Beaur. chap. Izlr. f 1.)— PniLIPPB-LB-BBL. 15T IIow powerful ircro the influences thus brought to bear against tlie innovation is shown by the fact that when the mild but firm liand of St. Louis no longer grasped the sceptre, liis son and successor could not maintain his^ fatlicrs laws, and allowed himself to preside at a judicial duel alK>ut the year 1283, scarcely more than twenty years after the promulgation of the ordonnance of prohibition.^ The next monarch, rhilip]>c-lc-Bcl, was at first guilty of the same weakness, for when in 1293 the Count of Armagnac accusetl llnyniond llernnrd of Foix of treason, a duel between them was decreed, and they were comiielled to fight iKsforo the King at Gisors; though Robert d'Artois inter- fered after the combat had commenced, and induced Philippe to soparntc the autngonists.* ]Miilip\|ic, however, was too astule not to see that his interest lay in humbling feudalism in all lis forms; while tlio rapid exteusiou of the jurisdic- tion of the crown, and the limitations on the scignorial courts, so successfully invented and asserted by the lawyers, acting by means of the Parlement through the royal bailiflls, gave him power to carry his views into effect such as had been enjoyed by none of his predecessors. Able and ^ unscrupulous, he took full advantage of his opportunities in every way, and the wager of battle was not long in ex- periencing the effect of his encroachments. Still he pro- ceeded step by step, and the vacillation of his legislation shows how obstinate was the spirit with which he had to deal. In 1296 he prohibited the judicial duel in time of war,* and in 1303 he was obliged to repeat the prohibition.* Car «• BMi pM eoM leloDe Bia d« ■onfrlr gages on peiiU qaenio de moablot o« deriUigef; mala eovfiamo let raefre da rUaiaa eat da eriama. — Ibid, abap. vi. f 31. * Deaamanolr, op. eii. ehap. Izl. f 03. * Grandaa Cbroniqaaa, T. IV. p. 104. * Qaod doranta gnaira regit, inter allqnoa gagia dneUI naUatanai adnli- taatar, oad qnilibei in onrlla regia ei anbditornm aaomm Jat anvn via ordl- •aria protaqaalar.— laambort, II. 702. ' Ibid. II. S06. 14 158 TUB WAOSU or battle. It was probably not long after this that he interdicted the duel wholly* — possibly impelled thereto by a case occurring in 1808, in which he is described as forced to grant the combat between two nobles, on an accusation of murder, very greatly against his wishes, and in spite of all his c Jbrts to dissuade the apixillant.* In thus abrogating the wager of battle, PhilipiKyle-Bcl was in advance of his age. Before throe years were over he was forced to abandon the position he had assumed; and though he gave as % reason for the restoration of the duel that its absence had proved a fruitful source of en- couragement for crime and villany,* yet at the same time he took care to place on record the assertion of his own conviction that it was worthless as a means of seeking Justice.* In thus legalizing it by the Ordonnanco of 1806, * I bAT« not been ablo to find ihia Ordonnanoo. Lanridre allodet to it (Tabl. del Ordonn. p. 69), bat tbe poiSAgo of Du Oango whiob he oitoa refers only to a prohibition of tonmamenta. The oolleetion of Isambert oontatns nothing of the kind, but that some legislation of this nature aotoally oe- enrred is erident from the preamble to the Ordonnanoe of 1306 — "Baroir faisons qne oomme 9a en arrit^re, pour le eomwun proufBt de nostre roj- aame, nous euMlons deffendu g^n^raument h tons noi subgei toutes manidres de gnerres et tons gaiges de batailles, eto." It is worthy of note that these ordonnanoes of Philippe were no longer oonflned to the domain of the orown, bat purported to regulate the oustoms of the whole kingdom. * Willelml Egmond. Chron. (Matthoi Analoet. IV. 1S5-7.) ' Dont pluseurs roalfaicleurs se sont arauces i«r la force do lenrs eorps et faulx engine k fairs homicides, traysons et tons autros nialcfloof, griofk et exeei, pouroe que quant lis les aroient fais oouirortumont et en repost, ils ne poToient estre oonvaineui par auouns tesmolngs dont par ainsl le mal^ee se tenoit.— Ordonnanoe de 1S06 (Kd. Orapelet, p. 2>. * Oar tntre tons les p6rils qui sont, est oelui que on doit plus eralndre el doubter, dont maint noble s'est trourtf d^eu ayant bon droit ou non, par tropoonfler en leurs engine et en leurs forces on par lenrs ires oultreeuid^os. — Ibid. p. 84. A few lines Airtber on, however, (he Ordonnanco makes a eon- eesslon to the popular superstition of the time in oxpregsing a conviction that those who address themselves to the combat simply to obtain Justice may ox- peot a speoUl interposition of Providence in their favor. * * Bt se 1* inUressd, sans orgueil ne maltalent, pour son bon droit settlement, requiert bataiile, ne doit doubter engin ne force, car le vrny Juge sera pour luy.** PniLIPPB-LB-BBIi. 159 hoircTcr, he by no means replaced it on its former footing. It was restricted to criminal cases inyolving tlie deatli penalty, excepting theft, and it was only permitted when the crime was notorious, the guilt of the accused probable, and no other evidence attainable.* The ceremonies pre- scrilwd, moreover, were fearfully expensive, and put it out of the reach of all except the wealthiest pleaders. As the Ordonnancc, which is very carefully drawn, only refers to ap\|>onls made b}' the prosecutor, it may fairly bo assumed that the defendant could merely accept the challenge and had no right to offer it. Even with these limitations, Philippe was not disposed to sanction the practice within the domains of the crown, for, the next 3ear (130t), we find him commanding the sene5i<hnl of Toulouse to allow no duel to lie adjudged in his court, but to scud all coses in which the combat might arise to the Parlement of laris for decision.' This was equivalent to a formal prohibition. During the whole of the period tmder consideration, numerous causes came before the Parlement conceniing challenges to battle, on appeals from various Jurisdictions throughout the country, and it 18 interesting to observe how uniformly some valid reason was found for its refusal. In the public register of deci- sions, extending from 1254 to 1318, no single instance of its permission is to be found." The civil lawyers compos- Or«loiinaiie« d« 1306, enp. 1. • Itambert, II. 850. * 8m I«m OUtii, pouim. Two Jiid\|(ineot« of the rarlement in 1 S09 ihow ih* obMrrane* of ih« Ordonniuiee of 1806, for, whilo admUtlng thai Iho doel eonid !•!(• plaeo, the easei aro loUlad bj inqooti, m oapoblo of proof bj in- ▼etiigiiiioii. In another intiaaoo, bowerer, Uio appellant If fined at the plearare of fho king, for ehallengins bis opponent withoat dne gronadn. (OHm, III. 381-7.) Confliderable Ingenuity wae manlfeeted by tbo Parle- ment in thoi anlfomly finding some luflleient ezeuio for reAielng tbo dnel in tbo raft rarlety of eaves brought before It. This Is somotlmts efleeted by denying the Jurbdiotlon of the eonrt whieb had granted It, and sonetlmes for other reasons more or less frlrolons, the erldent Intention dieeemlble In all the arrets being to restriot tbo custom within limits to narrow as to render It praelieally a nollily. ICO THK WAOEE OP BATTLE. ing that powerful body knew too wcU Uic work for wliu-h they were destined. In Bpite of these efforts, the progress of reform was alow. On the breaking out afresh of the perennial eontcst with Flanders, Plulip\|)e found himself^ in 1314, obliged to repeat his order of 1296, forbidding all judicial eombats during the war, and holding suspended such as were in pro- gresa.' As these duels eould have little real importance in crippling his military resources, it is CTident that he seized such occasions to accomplish under the war power what his peaceful prer<^;atiye was unable to effect, and it is a striking manifestation of his zeal in the cause, that he could turn aside to give attention to it amid the preoccu- pations of the exhausting struggle with the Flemings. Yet how little impression he made, and how instinctively the popular mind still turned to the battle ordeal, as the surest resource in all cases of doubt, is well illustrated by a passage in a rhyming chronicle of the day. When the close of Philippe's long and prosperous reign was dark- ened by the terrible scoudul of his throe daughters-iu-law, and two of them wore convicted of adultery, Qodefroy de Paris makes the third, Jeanne, wife of Philippe-lo-Long, offer at once to prove her innocence by the combat : — Gentll roj, Je voiu reqaler, sire, Qae Tons m'oyei en deffendant. Be nal on Dnle demandant Me rait ehose de manrestie, Hon oner sens ai par, al haltie, Qae bonement me delleudrai, Oa tel ohampioa bailleral, Qui bien saara moa droit deffendre, 8'il voaa plest 4 moa gage prendre.* The iron hand of Philippe was no sooner withdrawn than the nobles made de8i)erate efforts to throw off the ' liambert, HI. 40. * Chroniqoe M6iriqae, I. 6375. RSAOTTON UNDKR LOUTS X. 161 yoke which he had so skilfully and relentlessly imposed on them. His son, Lonis-le-IIutin, not yet firmly seated on the throne, was constrained to yield a portion of the newly-acquired prerogative. The nobles of Burgundy, for instance, in their formal list of grievances, demanded the restoration of the wager of battle as a right of the accused in criminal cases, and Louis was obliged to promise that they should enjoy it according to ancient custom.^ Those of Amiens and Ycrniandois were equally clamorous, and for their l3cnent he re-enacted the ordonnance of 1306, per- mitting the duel in criminal prosecutions, where other evidence was dcncieiit, with an important extension autho- rizing its application to cases of theft, in opposition to previoufl ufiage.* The nobles of Champagne made the same demand, but lionis, by right of his mother, Jeanne de Cliampngnc, was Count of Champagne, and his autho- rity was loss o\|)cii to dispute. lie did not venture on a decided refusal, but an evasive answer, which was tanta- mount to a denial of the request,* showed that his previous concessions were extorted, not willingly granted. Not content with this, the Champenois repeated their demand, and received the dry response, that the existing edicts on the subject must be observed.* The threatened disturbances were avoided, and during the sitccee<1ing years the centralbsation of Jurisdiction in the royal courts made rapid progress. It is a striking evi- dence of the successful working of the plans of St. Louis and riiilipixslc-Bel that several ordonuances and charters granted by Philippe-le-Long in 1318 and 1319, while pro- * 81 iiami a« gag* d« twUUIe, dohi TOvUoni qa« U en vtMii, ■! eomin* Tttt fetoil Mieiennemetii. — Ordonn. ArrH 1316, enp. 1. (iMmbori, III. 03.) * Novi TooHont 9% ociroioni que tn om d« marlro, de Urreein, de rapt, de Iftthieon el de roberte, gage de baiaille soil oareri, le 1e« eni ne ponrolenl etire pronret par teenoingt — Ordonn. 15 Mai 1315. (Iflamberi III. 74.) ■ Ordonn. Mnl 1315. P. i. ohap. 13. (iMmbert III. 00.) * Ibid. P. If. ehap. 8. (Itamberl III. 05.) 14* 1C2 THK WAOBR OF BATTf.K. mising reforms in the proceclnrcs of the ImiliflTs and senes- chals, and in the manner of holding inquests, are wholly silent on the subject of the duel, affording a fair inference that complaints on that score were no longer made.* Phi- lippe of Yalois was especially energetic in maintaining the royal Jurisdiction, and when in 1330 he was obliged to re- strict the abusive use of appeals from the local courts to the Parlement," it is evident that the question of granting or withholding the wager of battle had become practically a prerogative of the crown. That the challenging of witnesses must ere long have fallen into desuetude is shown by an edict of Charles YL, issued in 1396, by which he ordered that the testimony of women should be received in evidence in all the courts throughout his kingdom.* Though the duel was thus deprived, in France, of its importance as an ordinary legal procedure, yet it was by no means extinguished, nor had it lost its hold upon the confidence of the people. An instructive illustration of this is afforded by the well-known story of the Dog of Montargis. Thougli tlie learned Bullet* has denionstmted the fabulous nature of this legend, and has traced its pa- ternity up to the Carlovingian romances, still the fact is indubitable that it was long believed to have occurred in 1371, under the reign of Charles-le-Sage, and that authors nearly contemporary with that period recount the combat of the dog and the knight as an unquestionable fact, ad- miring greatly the sagacity of the animal, and regarding as a matter of course both the extraordinary judicial pro- ceedings and the righteous judgment of Qod which gave the victory to the greyhound. In 138G, the Parlcmont of Paris wai9 occupied with a subtle discussion as to whether the accused was obliged, in cases where battle was gaged, to give the lie to the * IiamlMrt, III. ]0e-231. * Orddnn. « Mat ISSO (Iiambert, IV. 860). * N«ron, B^oeil d']£dite, I. 16. * DlnerUtioni aar Ia Mylhologie Fmn^aira. CASK OF JAOQUSB LB ORIS. 168 nppollnnt, under pain of l)cing considered to confess the crime charged, and it was decided that the lie was not essential.* Tlie same jear occurred tlie celebrated duel between the Chevalier de Carronges and Jacques le Gris, so picturesquely described by Froissart, to witness which the King shortened a campaign, and in which the appellant was seconded by Waleran, Count of St. Pol, son-in-law of tlie BlacX Prince. Nothing can well be more impressiye tlian tlie scene presented by the chronicler. The cruelly wronged Dame de Carrouges, clothed in black, is mounted on a sable scaffold, watching the varying chances of the unequal combat between her husband, weokened by disease, and his vigorous adversary ; with the fearAil certainty that, ir might alone prevail, he must die a shameful death and she lie consigned to the stake. Hope grows faint and fniiitcr; a grievous wound seems to place Carrouges at the iiicrcy of his adversary, until at the last moment, when all apiM^annl lost, she sees the avenger drive his sword through the body of his prostrate enemy, vindicating at onoe his wife's honor and his own good cause.* Froissart, however, was rather an artist than an historian ; he would not risk the eflcct of his picture by too rigid an adherence to facts, and he omits to mention, what is told by the cooler Juvenal des Ursins, that Le Gris was subsequently proved innocent by the death-bed confession of the real offender.* To make the tragetly complete, the Anonyme de S. Denis adds that the miserable Dame do Carrouges, overwhelmed with re- morse at having unwittingly caused the disgrace and death of an innocent man, ended her days in a convent.* So striking a proof of the injustice of the battle ordeal is said b}' some writers to have caused the abandonment of the practice; but this, as will be seen, is an error, though no ' ])• li•flri^re, note on Loytol, Instil. Coninm. Lib. Ti. Tit i. R^U St. * FrAlPMrt, Lir. in. ehn\|). xlix. {id. Boebon, 1S46.) * niM. 4« Charlep Vf. nnn. ISM. * nifi (!• ChnriM VI. Uv. ti. ehup. Ix. 164 THB WAOKR OP BATTLS. farther trace of the comliat as a Jnilicial procctluro in to lie fonnd on the registers of the Parlcmeut of Paris.* In 1409, the tattle trial was materially limited by an or- donnanee of diaries Y I. proliibiting its employment except when specially granted by the King or the Parlemcnt;* and though the latter body may never haye exercised the privilege thus conferred upon it, the King occasionally did, as we find him daring the same year presiding at a judicial duel between Quillaume Bariller, a Breton knight, and John Oarrington, an Englishman." The English occnpation of France, under Henry Y. and the Regent Bedford, revived the practice, and removed for a time the obstacles to its employment. Nicholas Upton, writing in the middle of the fifteenth century, repeatedly alludes to the numerous cases in which he assisted as officer of the Earl of Salis- bury, Lieutenant of the King of England; and in his chapters devoted to defining the diflbrent species of duel, he betrays a singular confusion between the modem ideas of reparation of honor and the original object of Judicial investigation, thus fiiirly illustrating the transitional char racter of the period.* It was about this time that Pliilippe-lo-Bon, Duke of Burgundy, formally abolished the wager of battle, as far as lay in his jiower, throughout the extensive dombiions of which he was sovereign, and in the Coutunaier of Bur- gimdy, as revised by him in 1459, there is no trace of it to be found. The code in force in Britanny until 1539 ixsr- mitted it in cases of treason, theft, and perjury, — ^the latter, as usual, extending it over a considerable range of civil ' Baehon, KotM to FroiiMurt, H. (17. * Qoe Jamaia nuU n« ftisMni raoeoa an roTaome da Franee )i faira gagaa da baiaUla on Ikiel d'armaa, tinon qail y ausl gage Jug4 par la roy, ou la oour da parlameDi. — Juranal do« Urilna, ann. 1409. Monsirelat, Lir. i. ehap. W. * NIe. Uptont da MiliUrl6ffiolo Lib. ii. oap. Ui. U. (p. 78-73). TUB FIFTSSNTn OKNTURT. 166 mtiotifiJ In Normandy, the legal existence of the Judicial duel was even more prolonged, for it was not until the revision of the coutumier in 1588, under Henry III., that the privilege of deciding in this way numerous coses, both civil and criminal, was formally abolished.' Still it may lie assnme<l that practically the custom had long been ob- solete, though the tardy process of the revision of the local customs allowed it to remain upon the statute-book to so late a date. The flerce mountaineers of remote Bdam clung to it more obstinately, and in the last revision of their co<le, in 1552, it retains its place as a legitimate means of proof, in default of other testimony, with a heavy penalty on the imrty who did not appear upon the field at the apiM>inted time. During this long period, examples are to be found which show that although the combat was falling into disuse, it was still a legal procedure, which, in certain cases, could 1)0 claimed as a right, or which could be decreed and en- forced by competent Judicial authority. In 1455, the tri- bunals at Yalenciennes ordered the duel between two bourgeois, of whom one had appealed the other for the murder of a kinsman. Neither party desired the battle, but the municipal government insisted upon it, and fur- nished them with instructors to teach the use of the staff and buckler, allowed as arms. The Count de Charolois, Charlcs-le-Tdmdraire, endeavored to prevent the useless cruelty, but the city held any interference as an infringe- ment of its chartered rights ; and, afler long negotiations, PhilipfMyle-llon, the suzerain, authorized the combat, and was present at it, when the appellant literally tore out the ' Trte Aii«ienne Coat d« Bretagne, ehap. 132, 134 (Donrdol de Rieli. * AiMlenne Coal, de Normendle, ehe\|v 63, 68, 70, 71, 73 eio. (Bonrdel de RielieboiirK). * Fort ol Coei. de D^ern, Rabr. de DaUlba (Boardol de Riebebovrg, IT. 1M3). 166 THB WAOSft OF BATTLE. heart of hifl antagonist.* Such incidents among roturicrs, lioweyer, were rare. More freqnently some fiery gentleman claimed the right of vindicating his quarrel at the risk of his life. Thus, in 1482, shortly after the battle of Nancy had reinstated Rend, Duke of Lorraine, on the ruins of the second' house of Burgundy, two gentlemen of tlie vic- tor's court, quarrelling over the spoils of the battle-field, demanded the champ-cloB ; it was duly granted, and on the appointed day the apixsUant was missing, to the great discomfiture and no little loss of his bail.* When Charles d'Armagnac, in 1484, complained to the States Gteneral of the inhuman destruction of his fiunily, committed by order of Louis XL, the Sieur de Castelnau, whom ho accused of having poisoned his mother, the Countess d'Armagnao, appeared before the assembly, and his advocate denying the charge, presented his offer to prove his inno- cence by single combat." In 1518, Ucnry II. of Navarro ordered a judicial duel at Pan between two contestants, of whom the appellant mode default ; the defendant was ac- cordingly pronounced innocent, and was omi>owcretl to drag tlirough all cities, villages, and other places through which he might pass, the escutcheon and effigy of his ad- versary, who was further punished by the prohibition thenceforth to wear arms or knightly bearings.^ In 1538, Francis I. granted the combat between Jean du Plessis * MaUiiea d« Oomuy, eliap. ezlL * D. Oolmet, HUi. de Lorrftia. By Ui« old German Uw, Ihe bail •t a defaulting eombaianl waa oondemned to loie a hand, whioh, howerer, he bad the priTilege of redeeming at ita legal Talue (Jor. Prorin. Alaman. cap. oeelzzxrl. f SS— Ed. 8ohiller.)i or, aiMordIng to another text, he waa liable to the pnnbhment incarred by hie prinoipal if eonirioted. (Ibid. oap. elxxiii. \ IS— Bd. Benokenberg.) ' Jehan Mateelin, Jonmal dee £tati de Tourt, p. 320. ArehlTet de Pan, ayud Maanre et Hatoalet, Fore de B^am, p. ISO. There may haYO been something exoeptional in thic oaae, sinee the punish- ment was so mneh more seYore than the legal flae of 16 sous quoted abore. (Fors do Mffrlaas, Ruhr. lY.) TUB 8IXTBXNTH OXNTUBT. 16t and Ganiicr do Dintevillc, which would appear to have been Ihcnttally a Judicial proceeding, since the defendant not appearing at the appointed time, was condemned to dcatli by sentence of the high council, Feb. 20, 1538.* The duel thus was evidently still a matter of law, which yindi* cated its majesty by punishing the unlucky contestant who shrank from the arbitrament of the sword. Allusion has already been made to the celebrated com- bat lietween Chastaigncra3'e and Janiac, in 1547, wherein the death of the fonner, a favorite of Henry II., led the monarch to take a solemn oath never to authorize another Judicial duel. Two 3'ears later, two 3'OYmg nobles of his court, Jacques do Fontaine, Sieur do Fendilles, and Claude des Gucrrcs, Daron do Yicnne-lc-ChAtel, desired to settle in tills ninnuer a disgusting a(cuRation brought against the latter by the fonner. The king being unable to grant the np])cal, arranged the matter by allowing Robert do la Alarck, Marshal of France and sovereign prince of Sedan, to permit it in the territory of which he was suzerain. Fendilles was so sure of success that he refused to enter the lists until a gallows was erected and a stake lighted, where his adversary alter defeat was to be gibbeted and burned. Their only weapons were broadswords, and at the first pass Fendilles inflicted on his opponent a fearf\il gash in the thigh. Pes Gucrres, seeing that loss of blood would soon reduce him to extremity, closed with his an- tagonist, and lictng a skilful wrestler, s^iecdily threw him. Uctlucc<1 to his natural weaiions, he could only inflict blows with the fist, which failing strength rendered less ^ and less eflbctive, when a scaffold crowded with ladies and gentlemen gave way, throwing down tho spectators in a shrieking mass. Taking advantage of the confusion, the friends of des Gucrres violated the law which imposed ab- solute silence and neutrality on all, and called to him to ' D. Cftlmet, llisi de Lorraine 168 TUB WAQXB OF BATTLB. blind and snffocate his adversary with aand. Dca Qucrrcs promptly took the hint, and Fendillca auccambcd '4b this onknightly weapon. Whether he formally yielded or not was disputed. Des Guerrcs claimed that he should un- dergo the punishment of the gallows and stake prepared for himself, but de la Marck interfered, and the combatants were both suffered to retire in peace. This is the last recorded instance of the wager of battle in France. The custom appears never to have been formally abolished, and so little did it represent the thoughts and feelings of the age which witnessed the Reformation, that when in 1566, Charles IX. issued an edict prohibiting duels, no allusion was made to the Judicial combat. The encounters which he souglit to prevent were solely those whicli arose from (loiutH of honor between gentlemen, and the offended ]>arty was onlered not to appeal to the courts, but to lay his case before the Marshals of France, or the governor of his province.* The custom had died a natural death. No ordonnance was necessary to abrogate it ; and, seemingly from forgetful- ness, the crown appears never to have been divested of the right to adjudge the wager of battle. In Hungary, it was not until 1492 that any attempt was made to restrict the Judicial duel. In that year, Yladislas II. prohibited it in cases where direct testimony was pro- curable; where such evidence was unattainable, he still permitted it, both in civil and criminal mutters, and ho alleged as his reason for the restriction, the frauds occa- sioned by the almost universal employment of champions. The terms of the decree show that previously its use was general, though he declared it to be a custom mikuown ' BrantOms, Biiooara gar leg I)a»1i. An Mooant of this duel, pubUghed Bi S«dan, in 1620, r»i»rMcnU U ni rctalUng laag honorably to Fondillof. Ho if ihoro MMrtod to hnTo formaUy gabmiitod, and to Iwto boon oontompl- voafly toMod oni of tho Ibto Ulio a gacl[ of com, dog Qaorroa marohlng off trlompbantly, oaoortod with trampota. * Funlanon, I. 60&. n UNO ART — ITALY — RUSSIA. 169 elsewhere.* Even the precocious civilizatioii of Italy, which tisnaify ])rcferred astuteness to force, could not shake oiT the traditions of the Lombard law until the sixteenth cen- tury. In 1505, Julius II. forbade the duel under the seve- rest penalties, both civil and ecclesiastical, in a decretal, of which the expressions allow the fair conclusion that until then the wager of battle was still in some cases em- ])loycd as a legal process within the confines of the pontifical states.* In Russia, under the code known as the Oulogenid Za- konof, promulgated in 1408, any culprit, after his accuser's testimony was in, could claim the duel ; and as both parties went to the field accompanied by all the friends they could muster, the result was not infrequently a bloody skirmish. Tliese abuses were put an end to by the Soudebtnick, is- sued in 1650, and the duel was regulated after a more decent fashion, but it continued to flourish legally, until it was finally abrogated in 1640 by the Czar Alexis Mikhailo- witch, in the code known as the Sobornoid Oulogenid. The more enlightened branch of the Sclavonic race, however, the Poles, abolished it in the fourteenth century; but Macieiowski states that in Servia and Bulgaria the custom has been preserved to tlie present day.* In other countries, the custom likewise lingered to a comparatively late iicriod. Scotland, indee<1, was some- what in advance of her neighbors; for in the year 1400, the Parliament showed the influence of advancing civillza- ' Q«U in dacltonim dlmleaifoti* plarfoiB hfno Ind* fhi«dM •ommiUl pot- rant ; raro •nin UH InUr qooc fliad fll jadteiom p«r m dtotrlnnt, ttd pagl- 1m eondnennt, qvf nonnanqnam dotoo, fiiToro, •% pr«MBi«b ooimmpiintar. — L. Utadlf. II. e. ix. (Batthyanl, I. 631). * Dvalloraoi •! gtudlatonini liajiifmodi vtvn dannamai at Improbanvi, •i In UrHt Rom. Beelatis mtdiato ▼•! Imnodlato rabjaetli .... a qnaaanqaa eanm, cilam a l«glba« parnttfa, florl omnlno prohlb«miu. — Can. Rogia Paeitol. Da DaeUo, In SapUmo. " Wor tiiaaa daUlla I am Indebied io Dn Dojt, Droit Criminal dai Panplaa Modtmai. I. 011-17,650. 15 no TUB WAQSB OF BATTLB. tion by limiting tho practice in several im]>ortant particn- iars, irhichi if strictly observed, must iiave almost rendered it obsolete. Four conditions were pronounced essential prerequisites : tlie accusation must be for a capital crime; the offence must have been committed secretly and by treachery ; reasonable cause of suspicion must be shown against the accused, and direct testimony both of witnescss and documents must be wanting.* Still the ^^perfervida ingenium Scotomm" clung to tho arbitrament of the sword with great tenacity. Knox relates that in 1562, when the Earl of Arran was consulting with him and others respecting a proposed accusation against Bothwell for high treason arising out of a plan for seizing Queen Mary which Bothwell had suggested, the Earl re- marked, "I know that he will offer the combate unto me, but that would not be suffered in France, but I will do that which I have proposed." In 1567, also, when Bothwell underwent a mock trial for the murder of Daruley, he offered to Justify himself by tlie duel; and wlicu tlie Lords of the Oougrogutiou took up anus against hiui, alleging as a reason the murder and his presumed designs nguinsi the infant James II., Queen Mary's proclamation against tho rebels recites his challenge as a AiU disproval of the charges. When the armies were drawn up at Carberry Hill, Both- well again came forward and renewed his challenge. James Murray, who had already offered to accept it, took it up at once, but Bothwell refused to meet him on account of the inequality in their rank. Murray's brother, William of Tullibardin, then offered himself, and Bothwell again declined, as the Laird of Tullibardin was not a peer of the realm. Many nobles then eagerly proposed to take his place, and Lord Lindsay esi)ecially insisted on being al- lowed the privilege of proving the charge on Bothwell's ' SUiui. BoberU III. Oftp. lit ENGLAND. ITl iKMly, but the Inttcr delayed on viir^oiifl pretexts, until Qitccn Mnry ttos able to prohibit tbe combat^ In England, the resolute conservatism, which resists innovation to the last, prolonged the existence of the wager of battle until a period unknown in otlier civilised nations. At the close of the fourtcentli century, when France was engaged in rendering it rapidly obsolete, Thomas, Duke of Gloucester, dedicated to his nephew Richard II., a treatise detailing claliorately the practice followed in the Marshal's court with res^xsct to judicial duels." Even a century later, legislation was obtained to prevent its avoidance in certain cases. The ^^ Statute of Gloucester" (6 Ed. III. cap. 9), in 1333, had given to the appellant a year and a day in which to bring his appeal of murder — a privilege allowed the next of kin to put the accused on a second trial after an acquittal on a public indictment — which, as a private suit, was usually determined by the combat In practice, this privilege was generally rendered unavailing by postponing the public prosecution until the expiration of the delay, so as to prevent the appeaL In 1488, however, the Act 8 llcnry YII. cap. 1, ordered that all indictments should bo prosecuted forthwith, and that the appellee should not be permitted in appeals to plead his previous acquittal." With the advance of civilization and refinement, the cus- tom gradually declined, but it was not until the time of Klixalicth that it was even alK>lishcd in civil cases. In 151fl this was brought about, as Spclman says, ^^non sine magna Jurisconsultorum perturbatione," in consequence of its em- ployment in the case of Low et al. vs. Paramore. To de- termine the title to an estate in Kent, Westminster Hall was forced to adjourn to Tothill Fields, and all the forms of a combat were literally enacted, though an accommodar * Knoz'ii nut. of Rtform. in SeoUand, i»p. SSS, 446-7. * Spelman (IIIom. t. r. CampH$) glvM a Laiin traatlmilon of Uiia InUrwI- ing (Wameiit, frooi a MS. of ib« period. * I. DarnairAll 4 AMeraon, 425. 112 tus waqsb op battls. tlon bctwocn the parties saved the skulls of their dioin- pions.* Yet even then it was not thought advisable to extend the reform to the criminal law. A curious custom, peculiar to the English Jurisprudence, allowed a man indicted for a capital offence to turn '^ approver," by confessing the crime and charging or appealing any one he chose as an accom- plice, and this appeal was usually settled by the single combat. This was sufficiently fluent to require legisla- tion as late as the year 1599, when the Act 41 Eliz. chap. 8 was passed to regulate the nice questions which attended appeals of several persons against one, or of one person against severaL In the former case, the appellee if victori- ous in the first duel was acquitted; in the latter, the apixil- lor was obliged to fight successively with all the apiiellees.* Even in the seventeenth century, instances of the battle ordeal between persons of high station are on record, and Sir Matthew Hale, writing towards the close of the century, feels obliged to describe with considerable minuteness the various niceties of tlie law, though ho is able to sjicak of the combat as " an unusual trial at tliis day.'" In 1774, the subject incidentally attracted attention in a manner not very creditable to the enlightenment of English legislation. When, to punish the rebellious Bostonians for destroying the obnoxious tea, a '^Bill for the improved administration of Justice in the Province of Massachusetts Bay" was passed, it originally contained a clause depriving the New Englandcrs of the appeal of murder, by which, it will be remembered, a man acquitted of a charge of murder could be again prosecuted by the next of kin, and the ques- tion could be determined by the wager of battle. The denial of this ancestral right aroused the indigimtion of the liberal party in the House of Commons, and the point * Sptlman. OIom. p. 103. * Hftle, PlM« of ih» Crown, 11. ohap. zsiz. " Loo. oil. THIS NINKTKKNTn OKNT0RT. 173 was warmly contested. The learned and eloquent Dunning, afterwards Lord Ashbnrton, one of the leaders of opposi- tion, defended the ancient custom in the strongest terms. ^* I rise," said he, ^^ to support that great pillar of the con- stitution, the appeal for murder ; I fear there is a wish to establisli a precedent for taking it away in England as well as in the colonies. It is called a remnant of barbarism and gothicism. The whole of our constitution, for aught I know, is gothic I wish, sir, that gentlemen would be a little more cautious, and consider that the yoke we are framing for tlie despised colonists may be tied round our own necks I" Even Burke was heard to lift a warning voice against the proposed innovation, and the obnoxious clause had to be struck out before the ministerial majority could pass the bill.* Soniothiug was said about reforming the law throughout the empire, but it was not done, and the beauty of the ^ great pillar of the constitution," the apfx^al of murder, was shown when the nineteenth century was disgraced by the resurrection of all the barbaric elements of criminal Jurisprudence. In 1818, the case of Ashford vs. Thornton created much excitement. Ashford was the brother of a murdered girl, whose death, under circumstances of peculiar atrocity, was charged upon Thornton, with every appearance of probability. Acquitted on a Jury trial, Thornton was appealed by Ashford, when he pleaded ^^Not guilty, and I am ready to defend the same by my body." After elaborate argument. Lord Ellcn1)orough, with the unanimous assent of his brother Justices, sustained the appellee's right to this as ^Hhe usual and constitutional mode of trial," cxi>ounding the law in almost the same terms as those which we read in Bracton and Beaumanoir. The curious crowd was sorely disappointed when the appellant withdrew, and the ■ C»mpb«nf Livei of iht ChMOcUort of Biig1«nd, VI. IIS. « I. Dtrnswalt 4 Alderton, 4S7. 15 n4 TnS WAQSR OF BATTLff. chief Justioe was rcUoyed fV'om the necessity of prcsidhig oyer a gladiatorial exhibition. A similar case occurred almost simultaneously in Ireland, and the next year the act 59 Oeo. III. chap. 46, at length put an end for ever to this last remnant of the age of chiyalry.* * Cuipbdl, Chkf JuUam. m 109. III. THE ORDEAL. It is only in an age of high and rcflncd mental enltnro that man, unassisted by direct inspiration, can entertain an adequate conception of the Supreme Being. An Omnipo- tence tliat can woric out its destined ends, and yet allow its mortal creatures free scoj^c to mould their own fragmen- tary iK)rtions of the great whole ; a Power so iuflnitcly great that its goodness, mercy, and Justice are compatible with the existence of evil in the world which it has formed, so that man has full liberty to obey the dictates of his baser passions, without being released from responsibility, and, at the same time, without disturbing the preordained re- sults of Divine wisdom and bcneflccncc — these arc not the ideas which prevail in the formative periods of society. Accordingly, in the earlier epochs of almost all races, a belief in a Dinne Being is accompanied with the expecta- tion that special manifestations of power will be made on all occasions, and that the iuteq)osition of Providence may Ims had for the asking, whenever man, in the pride of his littleness, condescends to waive his own Judgment, and undertakes to test the inscrutable ways of his Creator by the touchstone of his own limited reason. Thus miracles come to l>e exi)ected as matters of every-day occurrence, and the laws of nature are to be sus])ended whenever man chooses to tempt his Qod with the promise of right and the threat of injustice to l)e committed in Tlis name. To these elements of the human mind is attributable the 17G TnX ORDSAL. almost universal adoption of tho so-oallcd Judgment of God, by which men, oppressed with doubt, have essayed in all ages to relieve themselves Arom responsibility by calling in the assistance of Heaven. Nor, in so doing, have they seemed to appreciate, the self-exaltation implied in tho act itself, but, iii all humility, have cast themselves and their sorrows at the feet of the Qreat Judge, making a merit of abnegating the reason which, however limited, has been bestowed to be used and not rejected. In the Car- lovingian Capitularies there occurs a passage, dictated doubtless by the spirit of genume trust in Qod, which well expresses the pious sentiments presiding over acts of tho grossest practical^ impiety. ^^Let doubtfUl cases be deter- mined by the Judgment of Qod. The Judges may decide that which they clearly know, but that which they cannot know shall be reserved for Divine Judgment. Whom Ood hath kept for his own judgment may not be condemned by human means. 'Therefore judge nothing before the time, until the Lord come, who both will bring to light tho hidden things of darkness, and will make manifest the counsels of the hearts.' "» (1 Cor. iv. 5.) With but one exception, the earliest records of the human race bear witness to the existence of the suix^rstition thus dignified with the forms of Christian faith, and this exce^v tion, as might be anticipated, is Airnished by China. Her strange civilization presents itself, in the Sacred Books collected by Confucius five hundred years before tlie Chris- tian era, in nearly the same form as it exists to this day, guided by a religion destitute of life, and consisting of a system of cold morality, which avoids the virtues as well > i«l]i Amblgvif, Del jadioio tftwiax MnieniU. Qood o«rU agaoMviii •no, qaod noMiani diTino rttierTsni Judioio. Qaoaiam son poiatt hnmano oondomnari oxftmine qa«m Deua tvo Judioio raaerraviL InoorU namqa* noD dtbomns Jadior« qaoadusqu ▼•niai Dominiu, qni laUnUa produoat ia loeom, ot inlamioabil abtooDdita Unebraram, at maaifMUbil oooiUla oor- diam.'— Cflfit. Lib. ri\. cap. M9. oniNA — indiAm If 7 . nfl the orrors of more imagiiiativc And generous faith. In the most revered and authoritative of the Chinese serip- turcs, the Chon-Ktng, or Holy Book, of which the origin is lost In fabulous antiquity, we find a theo-i^hilosophy recognizing a Supreme Power (Tai'-Ki) or Heaven, which is pure reason, or the embodiment of the laws and forces of Nature, acting under the pressure of blind destiny. Trace back the Chinese belief as far as we may, we cannot get behind this refined and philosophical scepticism. The flowery kingdom starts from the night of Chaos intelleo- tually full-grown, like Minerva, and from first to last there is no semblance of a creed which would admit of the direct practical intervention of a higher power. The fullest ad- mission which this prudent reserve will allow Is expressed by the legislator Mou-Vang (about 1000 J). C.) in his in- structions to his Judges In criminal cases: Say not that Heaven is unjust — ^it is that man brings these evils on him- self. If it were not that Heaven inflicts these severe pun- ishments, the world would be ungoverned.'" In Uie modem penal code of China there is accordingly no allusion to evidence other than that of witnesses, and even oaths are neither required nor admitted in judicial proceedings. When we turn, however, to the other great source oc Asiatic jurisprudence, whose fantastic intricacy forms so strange a contrast to the coeval sober realism of China, we find in the laws of Manu abundant proof of our general proposition. There is no work of the human intellect which oflcrs so curious a field of speculation to the stu- dent of human nature; none in which the transitions are so abrupt, or the contradictions so startling, Ixstween the most sublime doctrines of spiritual morality, and the grossest forms of jnierile sui)erstition ; between elevated precepts of universal Justice, and the foulest partiality in ' CboQ.King, Pari IT. ebiip. S7 4 SI (after Ooabn'i trantlaUon). * BlMHion, Penal Coda of China, p. 3A4. 1T8 THB ORDSAL. spcciflo cases. Its very complexity reveals a liig^lily civi- lized state of society, and the customs oud observances which it embodies are evidently not innovations on an established order of things, but merely a compilation of regulations and procedures established through previous ages, whose origin is lost in the trackless deptlis of remote antiquity. When, therefore, we see in the Hindoo code the same strange and unnatural modes of purgation which two thousand years later* greet us on the threshold ot European civilization, adorned but not concealed by a thin veil of Christianized superstition, the coincidence seems more than accidental. That the same principle should Iks at work in each, we con account for by the general tenden- cies of the human mind; but that this principle should manifest itself under identical forms in races so far re- moved by time and space, offers a remarkable confirmation of the community of origin of the great Aryan or Indo- Qermanic family of mankind. In the following texts, the principal forms of Ordeal prescribed are x)recisely simi- lar to the most popular of the mediaeval Judgments of Qod:— ''Or, aooording to the nature of the case, let the Jadge oause him who It under trial to take fire in his hand, or to plange in water, or to touch aeparateljr the heads of his children and of his wife. ''Whom the flame bumeth not, whom the water rejects not (torn its depths, whom misfortune overtakes not speediljr, his oath shall be reoei?ed as undoubted. *When the Rich! Vatsa was accused by his jrouug half-brother, who stigmatized him as the son of a 8oftdra, he sware that it was false, and passing through flre proved the truth of his oath ; the Are, which attests the guilt and the innocence of all men, harmed not a hair of his head, for he spake the truth." ' Sir William Jonei plaocs the oompoiition of the Lawi of Mann aboai 880 B. 0. Moro rooont inToatigatort, howevor, haro arrivod at tho oonola- ■ion, that tho7 are anlorlor to tho Ohriitian ora hj at l«ast thirtoon ooa- tnrioi. * Lawsof Mana, Bookriii. t. 114-116 (after Dolongohamp's traaslation). INDIA — SOTPT. 179 That this was not merely a theoretical ii^anctlon is shown by a subsequent provision (Book YIII. y. lOO), enjoining tlie ordeal on both plaiiitiff and defendant, even in certain civil cases. From tBe immutable character of Eastern institutions, we need not be surprised to see the custom flourishing in India to the present day, and to And that, in the i>opular estimation, the right of plaintiff or defendant, or the guilt or innocence of the accused is to be tested by his ability to carry red-hot iron, to plunge his hand unhurt in boiling oil, to pass through fire, to remain under water, to swallow consecrated rice, to drink water in which an idol has been immersed, and by various other forms which still preserve their hold on public veneration,* as many of them did within five or six centuries among our own forefathers. The numerous points of resemblance existing between the Indian and Egyptian civilizations, which render it pro- bable that the one was derived from the other,, lead us also to presume that these superstitions were common to both races. Detailed evidence, such as we possess in the case of Ilindostan, is, however, not to be expected with regard to Egypt, of which the literature has so utterly perished; but an Incident related by Ilcrodotus shows us that the same belief existed in the land of the Pharaohs, in at least one form, and tliat in Judicial proceedings an appeal was occasionally made to some dcit}', whose rc8\|K>nse had all the weight of a legal Judgment, a direct intcqK)8ition of the divinity being exixsctcd as a matter of course by all parties. King Amasis, whose reign immediately preceded the inva- sion of Cambyses, 4s said to have been, even when a ' T1i« pftrrilth or ordefti ti preieribsd In lli« modorn Iflndoo law In all CMeti eWil and criminal, which cannot be f«Uled bj wriilen or oral OTldonco or hj oath. It It ■ometimet Indicated for (be plaintiff and »ometiraea for the defendant. —Gentoo Code, nalhed's Tran«la(ion, ehap. lit 44 b, 6, 9, 10; ohep. xtHI. (B. I. Company, I^ndon, 1770.) The different fomii of ordeni will bo fonml deforlbed In aia<1winf Tranilatlon of the ifyMw AkUrp, or Inatitntetof the Sultan Akbar, Vol. II. pp. 400 «\|(\|. (London, 1800.) 180 TUS OUDSAL. private person, fond of drinking and jesting, and by no means inclined to serious business ; and wlien tiie means failed him for the indulgence of his appetites, he used to go about pilfering. Such peVsons as accused him of having their property, on his denying it, used to take him to the oracle of the place, and he yruH oftentimes convicted by tlie oracles, and oftentimes acquitted. When, therefora, he had come to the throne, he acted as follows : Whatever gods had absolved him from the charge of theft, of their temples he neither took any heed, nor contributed anything toward their repair; neither did he frequent them nor offer sacri- fices, considering them of no consequence at all, and as having only lying responses to give. But as many as had convicted him of the charge of theft, to them he \|mid the highest respect, considering them as truly gods, and deli- vering authentic responses.''* A passing allusion only is necessary to the instances, which will readily occur to the Biblical student, in the Ilebrew legislation and history. The bitter water by which conjugal infidelity was revealed (Numbers v. 11-31), was an ordeal i)uro and simple, as were likewise tlie 8i)ecinl cases of determining criminals by lot, such as that of Achau (Joshua vii. lG-18) and of Jonathan (I Samuel xiv. 41, 42), — precedents which were duly put forward by the monkish defenders of the practice, when battling against the efforts of the Papacy to abolish it. Looking to the farthest East, we find the belief in full force in Japan. Fire is there considered, as in India, to bo the touchstone of innocence,' and other superstitions, less dignified, have equal currency. The goo^ a paper inscribed with certain cabalistic characters, and rolled up into a bolus, when swallowed by an accused person, is believed to afford him no internal rest, if guilty, until he is relieved > Euterpe, 174 (Onry'i iranslniion). * Kiinigtworter, ^tudea Uutoriquea gar !• Dtfveloppeinsiit d» U SooUU IIumaiDO, p. 203. JAPAN — THIBET — THE 0UEBBE8. 181 by confession; and a beverage of water in which the goo has been soaked is attended with like happy effects.* The immobility of Japanese customs authorizes us to con- clude that these practices have been observed from time immemorial.* In Pegu, the same ordeals arc employed as in India, and Java and Malacca are equally well supplied.* Thibetan justice has a custom of its own, which is literally even- handed, and which, if generally used, must exert a iK>werful influence in repressing litigation. Both plaintiff and de- fendant thrust their arms into a caldron of boiling water containing a black and a white stone, victory being assigned to the one who succeeds in obtaining the white.^ Among the crowd of fantastic legends conceniing Zoro- aster is one which, from its resemblance to the ordeal of Arc, may lie regarded as indicating a tendency to the same form of suiterstition among the Oucbres. They relate that, when an infant, he was seized by the magicians, who pre- dicted his future supremacy over them, and was thrown upon a blazing Are. The pure element refused to perform its ofllce, and was changed into a bath of rose-water for the wonderful child.' ' CoUIn d« Planoy, DiotloBBftir* InfeniAl, pp. S56 and S06. ' Th« praMrraUoB of tha «te/w« in fno if amply proTldad Ibr in Japan. Any fnnoilonary of Uia govornment, bowtTor oxaltad, who aiUmpU an Inno- ▼atlon, if forUiwUh reported to beadqnarterf and oapitally eentenced. Bven in tho mpreme oonnell, a member wbo propofes an alteration in tbe existing ftate of aflairf losef hie life if it if not adopted ; while, on tbe other band, tho SUogoon or Emperor if pnt to death if he rejeeta fneh an alteration afler it has pafflod the eonneil, on hit rejection being dlsapproTod by an interior committee, eonfisting of his relatlTef . If hie action be anstained by thif com- mittee, then all who voted for tbe nnsQceeMfal meiumre in tbe fopremo oonncil are liable to tbe eame (ate. (Perry f Japan Expedition, I. 16, 17.) Under these regnlaUona, existing institntions may be regarded af almost imperishalfle. ' Ktfnigtwarler, op. cit. p. 20S. Dnoloa, M6m. snr les ^prenTcs. * Collin de Planoy, op. clL p. 555. 16 183 TIIS OBDSAL. To some extent, the Moslems are an exception to the general rule ; and this may be attributed to the doctrine of predestination lyhich forms the basis of their creed, as well as to the elevated ideas of the Supreme Being which Ma- homet drew fVom the Bible, and which are so greatly in advance of all the Pagan forms of beliefl There is accord- ingly no authority in the Koran for any description of ordeal; but yet it is occasionally found among the true believers. Among some tribes of Arabs, for instance, the ordeal of red-hot iron appears in the shape of a gigantic spoon, to which, when duly heated, the accused applies his tongue, his guilt or innocence being apparent from his undergoing or escaping inJuryJ The tendency of tlie mind towards superstitions of this nature, in spite of the opposite teaching of religious dogmas, is likewise shown by a simhsics of divination employed among the Turks, through which thieves are discovered by observing the marks on wax slowly melted while certain cabalistic sentences are relocated over it* Somewhat similar is a custom prevalent in Tahiti, where in cases of thelt, when the priest is applied to for the dis- covery of the criminal, he digs a hole in the clay floor of the house, fills it with water, and, invoking his god, stands over it with a young plantain in his hand. The god to whom he prays is supposed to conduct the spirit of the thief over the water, and the priest recognizes the image by looking in the pool.* The gross and clumsy superstitions of AfVica have this element in common with the more refined religions of other races, modified only in its externals. Thus, among the Kalabarese, various ordeals are in use, of a character which Reveals the rude nature of the savage. The ^^ afia-edet-ibom" is administered with the curved fang of a snake, which is ' K(fnig8wart«r, op. oil. p. SOS. * Collin do Plane/, a. v. Ci/vmauru. ' EllU, Polynosiau Roaearohea, Vol. I. ohap. U. AFBIOAN 8UPSB8TITI0N8. 188 cnnningly inserted tinder the lid and round the ball of the defendant's eye ; if innoeent, he is expected to eject it by rolling the eye, while, if unable to perform this feat, it is removed with a leopard's tooth, and he is condemned. The ceremony of the "afia-ibnot-idiok'' is eyen more childish. A white and a black line are drawn on the skull of a chim- pan^see, which is then hold up before the accused, when an apparent attraction of the white line towards him indicates his innocence, or an inclination of the black towards him pronounces his guilt. The use of the ordeal-nut is more formidable, as it contains an active principle which is a deadly poison, manifesthig its cficcts by frothing at the mouth, convulsions, paralysis, and speedy death. In capi- tal cases, or even when sickness is attributed to unfriendly machinations, the "abiadiong," or sorcerer, decides who shall undergo the trial, and as the poisonous properties of the nut can be eliminated by preliminary boiling, liberality on the part of the accused is supposed to be an unfaUing mode of rendering the ordeal harmless.* The ordeal of red water, or infusion of " sassy bark,'' also prevails throughout a wide region in Western Africa. As descriljed by Dr. Winterbottom, it is administered in the neighl)orhood of Sierra Leone, by requiring^e accused to fast for the previous twelve hours, and to swallow a small quantity of rice previous to the trial. The infusion is then taken in large quantities, as much as a gallon being sometimes employed ; if it produces emesia, so as to eject all of the rice, the proof of innocence is complete, but if it fails in this, or if it acts as a purgative, the accused is con- demned. It has narcotic properties also, a manifestation of which is likewise fatal to the suficrer. Among some of the trilies this is determined, as described by the Ilev. Mr. Wilson, by placing small sticks on the ground at distances of about eighteen inches apart, among which the patient is ' IlatehlBion! Inprewloni of WetUrn Afrle». London, 1868. 184 THB ORDBAL. required to walk, a task rendered difldenlt by the vciligi- nouB effects of the poison. Although death not iurre- quently results ftrom the ordeal itself, without the subse- quent punishment, 3'et the faith reposed in these trials is well expressed by Dr. Livingstone, who describes the eagerness with which they are demanded by those accused of witchcraft, confiding in their innocence, and believing that the guilty alone can suffer. When the emetic effects are depended on, the popular explanation is that the fetish . enters with the draught, examines the heart of the accused, and, in cases of innocence, returns with the rice as evi- dence.^ In Madagascar, the ordeal is administered with the nut of the Tangena, the decoction of which is a deadly poison. In the persecution of the Malagasy Christians, in 1836, many of the converts were tried in this manner, and num- bers of them died. It was repeated with the same effect in the persecution of 1849." Although the classical nations of antiquity were not in the habit of employing ordeals as a judicial pioccss, during the periods in whicli their laws have become known to us, still there is sudicieut evidence that a belief in their elllcacy existed beforl philosophical skepticism had reduced religion to a system of hollow observances. The various modes of divination by oracles and omens, which occupy so promi- nent a position in history, manifest a kindred tendency of mind, in demanding of the gods a continual interference in human affairs, at the call of any suppliant, and we are therefore prepared to recognize among the Greeks the relics of pre-existing judicial ordeals in various forms of solemn oaths, by which, under impressive ceremonies, actions were occasionally terminated, the party swearing * 8m an olaboraU << Bzamlnatton of iho Toxloologioal Bffeois of Sawy- Bark," by Dra. MitoheU and Hammond, Proooedingi of iho Biological D«p. of iho Aoad. of Nai. Belonoei, Philadelphia, 1859. * Bllb'f Throe VUlto to Madagaioar, ehap. 1. ri. OBBEOB. 186 being obliged to take the oath on the heads of his children (sar« fwv Kotaur), With cnrses on himself and his family (sraf ' lliaxtiai)j or passing through fire {6^a tov Hvpof).* The secret meaning of these rites becomes fully elucidated on comimring tliem with a passage from the Antigone of Soplioclcs, in which, the body of Polynices having been secretly carried off for burial against the commands of Creon, the guard endeavor to repel the accusation of com- plicity by oficring to vindicate their innocence in various forms of ordeal, whicli bear a strilcing similarity to those in use throughout India, and long afterwards in mediaeval Euroi)e. ' Readj with hands to bear the red-hot Iron, To pass tlirongh Are, and hj the gods to swear, Tliat wo nor did the doed, nor do we know Who eonnsellod H, nor who performed It." The water ordeal, whicli is not alluded to here, may, nevertheless, be considered as having its prototype in seve- ral fountains, which were held to iM>ssess special power in cases of susi)ectcd female virtue. One at Artecominm, mentioned by Eustathius, became turbid as soon as en- tered by a guilty woman. Another, near Ephesus, alluded to by Achilles Tatius, was even more miraculous. The accusetl swore to her innocence, and entered the water, licaring RUS\|Kndcd to her neck a tablet inscribed with the oath. I f she were innocent, the water remained stationary, at the depth of the midlog ; while, if she were guilty, it rose nntil the tablet floated. Somewhat similar to this was the Jjake of Palica in Sicily, commemorated by Stephanus Byzantiiius, where the party inscribed his oath on a tablet, ' Smith, Diet Oreek and Roman Antlq. s. t. Martfria, ' Iftm /' IrM^M uMi fivifmft mlpm X^'t Antigone, Tor. S64 — S67. IC* 186 THB ORDBAL. and committed it to tlie water, wlieu if the oath were true it floated, and if false it sank.* The Roman nature, sterner and less impressible than the Qreek, offers less evidence of weakness in this respect; but traces of it are nevertheless to be found. The roediosvul cortmaed^ or ordeal of bread, finds a prototy[)e in a si)ecics of alphitomancy practised near Lavinium, where a sacred serpent was kept in a cave under priestly care. Women whose virtue was impeached offered to the animal cakes n^ade by themselves, of barley and honey, and were con- demned or acquitted according as the cakes were eaten or rejected.' The fabled powers of the aelitea^ or eagle-stone, mentioned by Dioscorides,' likewise remind us of the corsnwd^ as bread in which it was placed, or food with which it was cooked, became a sure test for thieves, from their being unable to swallow it. Special instances of miraculous interposition to save the innocent fVom unjust condemnation may also be quoted as manifesting the same general tendency of belief. Such was the case of the vestal Tucca, accused of incest, who demonstrated her purity by carrying water in a sieve,^ and, that of Claudia Quiuta, who, under a similar charge, made good her defence by dragging a ship against the current of the Tiber, after it had run aground, and had resisted all other efforts to move it.* As somewhat connected with the same ideas, we may ' EiuUihil da Amor. Jflmenii, Lib. vii., xi. ; Achlll. TalH do Amor. Clltoph. Lib. Tin. ; Stopb. Bjumt. i. t. UaKtuM (apud BpeImM, OIom. p. 824). Saporttliioni of thit naiare bavo obUinod in all agoa, and Uieao par- iionlar Inatanooa find tbeir apoclal modern ooantorpart in ibe fountain of Bodilia, naar Landifiiian In Dritannj, In wbieb a girl wban aooosod plaoai tbo pin of bar ooUar, bor ionooonoe or guili bolng damoosirated bj iii float- ing or tin king. * Collin da Planoy, op. oit. p. SI. ' Lib. T. eap. 101 (ap. Lindanbrog.). * Valar. Maxim. Lib. viii. aap. 1. * '8upplieif, alma, tus, ganatrix fooonnda Daorum, Acaipa nib earia conditiona praeea. BOMl. iSf allude to tho imprecations aocompanying the most Bolemn form of oath among the Romans, known as "Jovem lapidcm Jtirarc/' whether we take tho ceremony, men- tioned by Festiis, of casting a stone from the hand, and invoking Jupiter to reject in like manner the swearer if guilty of perjury, or that described by Livy as preceding the combat between the Iloratii and Curiatii, in which an animal was knocked on the head with a stone, under a somewhat similar adjuration." There is no trace of the system, however, in the Roman Jurisprudence, which, with the exception of the use of torture at the later periods, is totally in op]>osition to its theory. Nothing can be more contrary to the spirit in which the ordeal is conceived than the maxim of the civil law — ^'^Accusatore non probante, reus absolvitur." In turning to the Barbarian races from which the nations of modern Kuroi>e arc descended, we are met by the ques- tion, which has been variously mooted, whether the ordeals that form so prominent a part of their Jurisprudence were customs derived from remote Pagan antiquity, or whether they were inventions of the priests in the early periods of CaaU B«gor ; il in damBM, mombsa faUbor. Morl« loam poBoaa, Jitdle« tIoU IHft. 8«4i •! erinoB abMt, ta nottrn pignoni vlt« Re dobia ; et easiai aaala aeqnara manaa. Dixii* at axigvo fanam aonanlna traxii," ale. Ovid. Faatorvm Lib. it. I. SOS aqq. Tbifi inroealioa to tha godd^M to abaolva or oondamn, and tha maiiBar la whlab tha antlra raaponiilbllitj la thrown upon tha aopamal jndga, gira tha vhola tranaaotion a ttrihlng rcaamblanaa to aa aatablbhcd Jadklal forat of ordeal. ' Qsod lanatiatimani jm>janindani aat habiivm. (Anloi Oelllaa. t. 91.) * "Si aelana falla, tarn ma Diaapltar talra arba areaqaa bonia ajlolat, nt ago bnna lapldam.'* (Feata^, Lib. x. ; LIry, t. 24.) If we aan raaaira aa nndoabtad LIrj'a aaeoont of a almilar aaremonj performed by Uannlbal to anaooraga hii aoldlera before tha battle of Tlelnna (Lib. xxi. eap. 46), wa maat ennelnde thai the eoplom had obtained a xtrj attended intoeooe. 188 THB OBDBAL. rude Ohrifltianity, to onhanoo thoir own authority, and to lead their reluctant flocks to peace and order under the in- fluence of superstition. There would seem to bo no doubt that the former is the correct opinion, and that the religious ceremonies surrounding the ordeal, as wo find it judicially employed, were introduced by the Church to Christianize the Pagan observances, which in this instance, as in so many others, it was Judged impolitic, if not impossible, to eradicate. Various traces of such institutions are faintly discernible in the darkness from which the wild tribes emerge into the twilight of history ; and, as they had no written language, it is impossible to ask more.* Thus an ' Thora liu bMn mnoh dlfenstion among iho loaraed u to whothor ih« barbarian dialtoli wero wriiUn, and ospooially whoUior Uie Salique Law wai redaoad to writing bafora iti translation into Latin. In tha dearth of tasti- raony, it ia not aaaj to arrive at a poaitiTe eoneluiion, bat the weight of OTidenoa daoidadlj inclinai to the negatiTa of tha question. Had the 8a- Uque Law been written, it would not hare been left for Charlemagne, three hundred years later, to put into writing the heroic poems of his race, which form 10 important a portion of the literature of a barbaric and warlike people. '* DarlMtra at antiquissima earmina, quibui veterum regum aota at belia eanebantnr, et toripeisse et memoriso mandasse. Inchoavit at gram- maUoam patrio sermonis." (Bginh. Yit. Carol. Mag. cap. xxix.) Bven Charlemagne, with all his onlture, could not write, and when, in adranoed life, he sought to learn the art. It was too late (Ibid. oap. xxy.) — which shows how litUe the wild Saliens and Ripuarlans could have thought of eouTerting their language into written characters. Charlemagne's efforts accomplished nothing, for though in 842 the contemporary Count Nithard gives us the earliest specimen of written Tudesque In the celebrated oath of Oharles-le-OhauTeat Strasburg, yet, not long afterwards, Otfrid, in the preface to his Torsion of the Qospels, details the difficulties of his task in a manner which shows that It was without preoedent, and that he was himself obliged to adapt the language to the exigencies of writing. Indeed, he asserts posUlTcly that wriUng was not used and that no written documents existed, and he expresses surprbe that the annals of the race should have been entrusted exolnsively to foreign tongues. IIi^us enim linguso harbaries ut est Inenlta et indiaciplinabilis, atqne insueta oapi regulari froDuo grammatioSD artis, sic atiam in multls dietis scriptu est propter literarum aut eongerlem ant inoog- nltam sonoritatem difficilis. Nam, Intardum tria unu, at puto, qnsirit in sono, priores duo eonaonantes, ut mihi Tidetur, tertium Tooall sono mananta. Intardum Tcro neo a neo s nee t nee u Tocalium sonos prsManere poiul, Ibl THE BABBABIAN8. 189 anonjmoiiB epigram preserved in the Oreek Anthology informs ns of a singular custom existing in the Rhine-land^ anterior to the conversion of the inhabitants, by which the legitimacy of cliildren was established by exposure to an ordeal of the purest chance. Upon the waters of the jealous Rhine The VATSge Cells their children east, nor own TliemselTes as fathers, till the power dlTine Of the chaste rlTor shall the troth make known. Searce breathed its first faint orj, the hnsUand tears Awaj the new-born babe, and to the wave Commits it on his shield, nor for it eares * nil the wife-jndging stream the Infant saTe, y Gnrevm mlhi vldebater adterlbl oke. . . . Lingua •nlm hne agrestls habe- tar ; dam a proprili nt ssriptnra, nee ario allqus vilif est tenporibot •xpo- lila, qvlpp« qoi dm hlstorlM •noram satMessorain, at maltfl) g«ntM oieter», eoiBoiondant nenorUe, noe eomm gesta vel vitam omaot dignitatis amore. Qsodii rare eontiglt, aliamm gentinm llngna, id est, Latinomm toI Oreeo- mn potioi esplnnsnt. . . . Rctmlra . . . onnetahse in allenn lingnsgloriam traaffforre, •% usnm Meripinrm in pntpria lingna nan luih9r§V (Oifrld. Lint- b«rto Mognnt. In SeblH. Tbataar. Antlq. Teaton. I. 10-11.) Otfrid's par- tialitj for his native tongne it fafflelontl j proved bj hti labors as a trantfater, and tbo toope of bis g«a«ral learning Is ehown bj his references to Greek and Hebrew, and hia qvotationt from the Latin poete, sack as Virgil, Orid, and Lncan. Ills teitinonj la therefore Irreproachable. It It trae that the Oothic langnage wat emplojed In writing by Ulphllaa la the fourth centory, and that the Malbergian gloates in IIeroldt text of the Sallqae law preterre tone fragmentarj worda of the ancient Frankltk apeeeh. It It alto tme that on donbtfnl aothoritj there hat been high an- tiquity claimed for the Scandinariaa rnnic letters, bnt the balance of teatl- mony It decidedly In favor of the opinion that the Oemaalc tribes were Innocent of any mdlmenta of a written language. ■ Anthol. Lib. iz. Ep. 1S5. Thlt charming trait of Celtic domettic man- ners has been called in quettion by some writers, but It rests on good aathorlty. Clandlan evidently alludes to It as a well-known fact in the linos^ <aalll Quos Rhedanut veioz, Ararls quos tardier ambit, Bi quos nasecntes explorat gurgltc Rbenns.*— In Ruflnum, Lib. ti 1. 110. T 190 Tna ORDEAL. And proTe hlniBelf the sire. All trembling lies The mother, racked with angnish, knowing well The tmth, but forced to riflk her cherished prise On the inooDBtant water's reckless sw^U." We loarn Arom Cassiodorus that Thcodoric, towards tlic close of the fifth century, sought to abolish the battle ordeal among the Ostrogoths, whence we may conclude that the appeal to the judgment of God was an ancestral custom of the race. At an oven earlier period, tlie Senchns Mor, or Irish law, compiled for the Brehons at the request of St. Patrick, contains unequivocal ovidouco of the existence of the ordeal, in a provision which grants a delay of ten days to a man condemned to undergo the test of hot water.* Equally convincing proof is found in the Salique Law, of which the earliest known text may safely be as- sumed to be coeval with the conversion of Olovis, as it contains no allusion to Christian rules such as appear in > YariMruai, Lib. in. BpUt 23, 24. * Senebns Mor I. 195. Compare UIom, p. 109.— In en MoIont'QIoti on Uie Sonohiu, there if preaerved a onrioiu trndiiion whioh Uliutratei the belief in dirine interposition, though manifeited apon the Jadge and not on the calprit. •* UoweTor, before the eoming of Patrick there had been remarkable reve- lation!. When the Brehons deviated from the trath of nature, there appeared blotehei npon their oheeki ; as first of all on the right cheek of Sen Mao Alge, whenoTer he pronounoed a false Judgmenl, but they disappeared again when- ever he had pronounoed a true Judgment, Ao. ** Senoha Mao Col Oluin was not wont to pass Judgment until he bad pon- dered upon it in bis breast the night before. When Faohlna, bis son, bad passed a false Judgment, if in the time of fruit, all the fruit in the territory In whieh It happened fell off in one night, Ao. ; if in time of milk, the eows reftised their oalves ; but if be passed a true Judgment, the fruit was perfect on the trees; benee he received the name of Vachtna Tulbrethach. •' Sencha Mac Aillila never pronounced a fiUse Judgment without getting three permanent blotches on bis (ace for each Judgment. Fiihel bad the truth of nature, so that he pronounced no false Judgment. Morann never pronounced a Judgment without having a chain around his neck. When he pronounced a fiUse Judgment, the chain tightened around bis neck. If be prononaoed a true one, it expanded down upon him."— Ibid. p. 2L THE BAABARIANS. 191 revisions made somowlmt Inter. In this text, the ordeal of lioilinp^ water flnds its place as a Judicial process in regular use, as fully as in the subsequent revisions of the code.^ In the Decree of Tassllo, Duke of the Baioarians, issued in ))2, there is a reference to a pre-existing custom, named Siap/naken^ used in cades of disputed debt, which is de- nounced as a relic of Pagan rites, — ^* in verbis quibns ex vctusta consuctudine paganonim, idolatriam rc]>erimus," — and which is there altered to suit the new order of ideas, aiTording an instructive example of the process to which 1 have alluded. It is evidently a kind of ordeal, as is manifested by the expression, ^^ Let us stretch forth our right hands to the Just Judgment of Ood."* These proofs would seem amply sufllcicnt to demonstrate the existence of the practice as a ])riraitive custom of some of the Varba* risn races, prior to their occupation of the Roman empire. If more be required, it must be remembered that the records of those wild tribes do not extend beyond the period of their permanent settlement, when baptism and civilization were received together, so that we cannot reasonably ask for codes and annals at a time when each sept was rather a tumultuous horde of iVeebooters than a people living under a settled form of organized society. Tacitus^ i t is true, makes no mention of anything approaching nearer to the Jutlgmont of God than the various forms of rude diviuntion common to all su\|)erstitious savages. It is highly probable that to many tri1)es the ordeal was un- known, and that it had nowhere assumed the authority which it afterwards acquired, when the Church found in it a iK>wcrful instrument to enforce her authority, and to acquire influence over the rugged nature of her indocile converts." Indeed, wo have evidence that in some cases it ' Ttt HiK l?l. (Flr«t Teit of PArdeMU.) * *ExtoadMnu d«xCer» nofiim ad Josiam Jadielam Dtl.'— DmmI. Tani- lonlff Tit. II. ^ 7. * Tban, la tho Uwi of Si. Stcphon, King of Hungary, promalgaUd i ^ ^ 192 THB OBDBAL. was introduced, and its employment enforced, for the pur- pose of eradicating earlier Pagan observances; as, for instance, when Bishop Geroldus, about the middle of the twelfth century, converted the Sclavonians of Mecklem- burg.* Be this as it may, the custom wAs not long in extending itself throughout Europe. The laws of the Salien Franks / we have already alluded to, and the annals of Qrcgory of / Tours and of Frodogarius, the Merovingian Capitularies, I and the various collections of Formularies, show that it I was not merely a theoretical prescription, but an every-day \ practice among them. The Ripuarian Franks were some- \ what more cautious, and the few references to its employ- ment which occur in their code would seem to confine its application to slaves and strangers.' The code of the Ala- manni makes no allusion to any form except that of the ^'tracta spata," or judicial duel. The code of the Baioo- rians, in its original shai^o, while referring constantly to the combat, seems ignorant of any other mode. The su])plo- mcntary Decree of Tassilo, however, affords au instance, quoted above, and another which seems to show that force was sometimes necessary to carry out the decision to em- ploy it.* The Wisigoths, who, like their kinsmen the Ostro- goths, immediately on their settlement adapted themselves in a great degree to Roman laws and customs, for nearly two centuries had no allusion in their body of laws to any form of ordeal. It was not until G93, long after the destruo- a(Ur his eonT«nion, in 1016, thore ii no Allusion to tho ordosl, ivhUe in those of King Coloman, issued shout a century later, it is freely direoled as a means of legal proof. * *Bt Totavit Comes ne SoIstI de eetero Jurarent in arhoribns, fontibus, et lapidlbus ; sed offerrent criminibus pulsates saeerdoti, ferro no Tomoribus ezamioandos." — Anon. Chron. SoIbtIo. cap. zxv. (Script. Her. German. Septent. LIndenhrog. p. 216.) L. liipuar. Tit. xxx. SS\^\ Tit. zzzi. \ 6. * '< Ut liheri ad eadem cogantur judicia qusi Baioarii VnMa dionnt."— Deoret. TassUon. Tit. ii. \ 9. THB BARBARIANS. 198 tion of their independence in the Sonth of France, and but little prior to their overthrow in Spain by the Saracens, that tlieir king, Egiza, with the sanction of the Conncil of Toledo, issued an edict commanding the employment of the aneum^ or ordeal of boiling water. The expressions of the law, however, warrant the conclusion, that this was only the extension of a custom previously existing, by removing the restrictions which had prevented its application to all questions, irrcsi)cctive of their importance* The Burgun- dian co<1e refers more particularly to the duel, which was the favorite form of ordeal with that race, but from the writings of St. Agobard we may safely assume that the trials by hot water and by iron were in frequent use. The primitive Saxon Jurisprudence also prefers the battle ordeal ; but the f»t1icr Icinds arc met witli in the co<lcs of tlie Frisians* and of tlic Thuringians.' The earliest Lombanl law, as compiled by Ilotharis, refers only to the wager of battle ; but tlie additions of Liutprand, made in the eighth century, allude to the employment of the hot-water ordeal as a recognized procedure.* In England, the Britons appear to have regarded the ordeal with much favor, as a treaty between the Welsh and the Saxons, about the year 1000, provides that all questions between individuals of the two races should be settled in this manner, in the absence of a special agreement between the parties.* The Anglo-Saxons seem to have been somewhat late in adopting it ; for the ' '* MnlUf oognorimni qvortlM , el »b ingenvls molU msla pail, er«d«iit«i ia ee«. mIUIIi qnatttonem agiiarl. Qsod not nodo per ••Ivbrem oHinft- UoB«m eenMOivt, vi qnABiTia parT* ill mUo r«l fketi ab •Uqvoorimlnlt, •nm par examlnatlonem aqan fonrantif a Jodioa dltiriag«Bdam ardiaamu."— L. Wlilgoth. Lib. VI. Tli. i. ^ S. * L. FHflon. Tli. ill. H 4, 6, 6. * L. Angllar. at W«rlaar. Tit %\r. * L. Lansabard. Lib. i. Tit. xxxlll. f 1. ' *Ifaa ait alia lada (i. a. pargallo) tU tjbia (». a. eompallailona) nial arda- liaa, laUr Walaa at Aagloa.'— Saaataa-Caaaali. da MaaUaalia Walto aap. U. n • 104 TUB ORDBAL. dooms of the earlier princes refer exclusively to the refuta- tion of accusations hy oath with compurgators, and wo find no allusion made to the ordeal until the time of Ed- ward the Elder, at the commencement of the tenth oeutnryi that allusion, however, being of a nature to show that it was then a settled custom, and not an innovation.* Among the northern races it was probably indigenous, the earliest records of Iceland, Denmark, and Sweden exhibiting its vigorous existence at a period anterior to their conversion to Ohristianity ;' and the same may be said of the Scla- vonic tribes in Eastern Europe. In Bohemia, the laws of Brzetislas, promulgated in 1039, make no allusion to any other form of evidence in contested cases,* while it was likewise in force to the farthest confines of Russuu* The M^tJars placed equal reliance on this mode of proof, as is shown by the statutes of King Ladislas and Goloman, towards the end of the eleventh century, which allude to various forms of ordeal as in common use.* Scotland like- wise employed it in her Jurisprudence, as devclojicd in the code known as '' Kegiam Majcstatem Scotim," attributed to David L, in the first half of the tweldh century.* Even the Byzantine civilization became contaminated with the prevailing custom, and various instances of its use are related by the historians of the Lower Empire, to a period as late as the middle of the fourteenth century. One cause of the general prevalence of the ordeal among the barbarian tribes settled in the Roman provinces may perhaps bo traced to the custom, which prevailed univer- sally, of allowing all races to retain their own Jurispru- * Doomi of King Edwurd, eap. Hi. ; Lawi of Sdward and Qathram. eap. Iz. * Saxo. Qrammfti. Illsi. Danie. Lib. v.; WidnklDdi Lib. iii. o. 66.— QrigiMi SmI. ti. 0. 66. ' SlmillUr d« hit qui homieldiis infamantur . • , . ai negani, ignllo fiirro five adjuraia aqua ezamineniur. — Annalista Sazo, ann. 1039. * Ktfnigiwarter, op. oii. pp. 211, 224. * Batihyani Legg. BooIm . Hung. T. I. p. 439, 464. * For inaiance, Lib. iv. oap. iii. ^ 4. PUROATOETAL OATHS. 105 ficncc, howcrer socially intermingled tho individnals might be. The confusion thus produced is well set forth by St. Agolmrd, when he remarks that frequently five men shall 1)0 in close companionship, each owning obedience to a diiTerent law.* lie further states, that, under the Burgun- dian rules of procedure, no one was admitted to bear wit- ness against a man of diflTerent race ;* so that in a largo pro\|K>rtif m of cases there could be no legal eyidcnco attain- able, and recourse was had of necessity to the Judgment of flod. No doubt a similar tendency existed generally, and the man who appealed to Heaven against the positive testi- mony of witnesses of different origin, would be very apt to find the court disposed to grant his request During the full fervor of the belief that the Divine inter-, position could at all times be had for the asking, almost any form of procedure, conducted under priestly obser- vances, could assume the position and influence of an ordeal. As early as 692, we And Gregory the Great allud- ing to a simple purgatorial oath, taken by a Bishop on the rclids of St. Peter, in terms which convey evidently the idea that the accused, if guilty, had exposed himself to imminent danger, and that by i)erforming the ceremony unharmed he had sufllcicntly proved his innocence.* But such unsubstantial refinements were not sufficient for tho vulgar, who craved tho evidence of their senses, and desircfl material proof to rebut material accusations. In onliimry ])ractice, therefore, the princiiml modes by which the will of Heaven was ascertained were the ordeal of flre, ' "Nam pl«raiiqv« MBiingli «i tlmal MBi »ni MdMiii'qaliiqno homlnM, ei naUas eoium eommmi«in l«g«m turn ftlUro habe»t"^Lib. «dT. Ii«g«a Qanilobadi, eap. It. ' ' Rz qaa n oritar rM valdo abiardA, vi •! aUqvlfl •orvm In ooBis popvH, aal •tiam la m^reato pablteo eommlMrai allqaam praTlUtom, bob eoar- gvalBr Uallbvf."— Ibid, eap: tI. 'Qaib«f (iaeranMBtia) prattHli, magaa aamvi tzvltailoBO gaTM, qvod frajBteemodl oiperlmMto laBOoaBiia ojos aTidenter aBliBit'— OaB. Ilabal boo proprlam, oaoi. ii. qa«ti. 6. 196 THB OaDBAL. whether administered diiectly, or through the agency of boiling water or red-hot iron ; that of cold water ; of bread or cheese ; of the Eucharist ; of the cross ; the lot ; and the touching of the body of the victim in cases of murder. Some Of these, it will be seen, required a miraculous inter- position to save the accused, others to condemn; some depended altogether on volition, others on the purest chance; while others, again, derived their power ftrom the influence exerted on the mind of the patient. They were all accompanied with solemn religious observances, and the most impressive ceremonies of the Ohurch were lavishly employed to give authority to the resultant decisions, and to impress on the minds of all the directness of the inter- ference which was expected firom the Creator. The ordeal of boiling water (rnneum^ judicium aqumfer- venOa^ cacabuSj caldaria) is probably the oldest form in which the application of fire was Judicially administered in Europe as a mode of proof. It is the one usually referred to in the most ancient texts of laws, and its universal adoption denotes a very high antiquity. It is particularly recommended by Ilincmar as combining the elements of water and of fire: the one representing the deluge— the Judgment inflicted on the wicked of old ; the other author- ized by the flery doom of the future — the day of Judgment A caldron of water was brought to the boiling point, and the accused was obliged with his naked hand to find a small stone or ring thrown into it ; sometimes the latter portion was omitted, and the hand was simply inserted, in trivial coses to the wrist, in crimes of magnitude to tlie elbow, the former being termed the single, the latter the * Quapropter il«ri Aqaam igniUm ad hno duooopaUta In unam Indaganda Jndioia, illnd vid«Iioot qood Jan per aquam Aoium Mi, eC illud qaod per Ignem ilendnm ei I . . . . In qalbai lanoti llberantar llliosi, et reprobi panl- •nittr addloU.— HInomar de Divort. Lothar. InUrrog. ti. ORDSAL OF nOTLTNO WATCR. 19) triple ordeal ;* or, agfiin, tho stono was employed, suspended by R 8triii\|r, and tlie severity of the trial was regulated by the length of the line, a palm's breadth being counted as single, and the distance to the elbow as triple." A good example of tho process, in all its details, is ftimished us by Gregory of Tours, who relates that, an Arian priest and A Catholic deacon disputing about their respective tenets, and l)eing unable to convince each other, the latter pro- posed to refer the subject to the decision of tho rnneuMj and the offer was accepted. Next morning the deacon's enthusiasm cooled, and he mingled his matins with precau- tions of a less spiritual nature, by bathing his arm in oil, and anointing it with protective unguents. The populace assembled to witness the exhibition, the Are was lighted, the caldron boiled furiously, and a little ring tlirown into it was whirled round like a straw in a tornado, when tho deacon politely invited his adversary to make the trial first. This was declined, on the ground that precedence belonged to the challenger, and with no little misgiving the deacon proceeded to roll up his sleeve, when the Arian, observing tho precautions that had been taken, exclaimed that he had been using magic arts, and that the trial would amount to nothing. At this critical Juncture, when the honor of the Orthodox faith was trembling in the balance, a stranger stcp]K>d forward — a Catholic priest named Jacintus, Aom llavcnna — ^and oflcred to undergo the experiment Plung- ing his arm into the bubbling caldron, he was two hours in capturing the ring, which eluded his grasp in its fantastic gyrations ; but finally, holding it up in triumph to the admiring siicctators, he declared that the water felt cold at the bottom, with an agreeable warmth at the top. Fircfl by the example, the unhap])y Arian l>oldly thrust in his arm ; but the falseness of his cause belied tho confi- ' Doomt of KliiK AlhalfUn, W. eap. 7. Adjaraiio ferri ?el •qnm UrtonilM (Dalai. II. 666) n* 108 TUB OBDEAL. donoe of its rash supporter, and in a moment the flesh was boiled off the bones up to the elbow.* This was a volunteer experiment. As a means of judicial investigation, the process was surrounded with all the solem- nity which the most venerated rites of the Church could impart. Fasting and prayer were enjoined for three days previous, and the ceremony commenced with special prayers and adjurations, introduced for the purpose into the litany, and recited by the officiating priests; mass was celebrated, and the accused was required to partake of the sacrament under the fearftil adjuration, ^^This body and blood of our Lord Jesus Christ be to thee this day a manifestation!" This was followed by an exorcism of the water, of which numerous formulas are on record, varying in detail, but all presenting the quaintest superstition mingled with the most audacious presumption, as though all the powers of the Creator were intrusted to his servant, the whole furnishing a vivid picture of robust faith and self-confident ignorance. A single specimen will suffice. ** O dreatore of water, I adjnre thee by the living God, by the holy God who in the beginning separated thee from the dry land ; I adjure thee by the living Qod who led thee from the foantain of Paradise, and in fonr rivers oommanded thee to enoompass the world ; I adjure thee by Him who in Cana of Galilee by His will changed thee to wine, who trod on thee with His holy feet, who gave thee the name 8Uoa ; I adjure thee by the God who in thee cleansed Naaman, the Syrian, of his leprosy ;— Saying, holy water, O blessed water, water which washest the dust and siiis of the world, I adjure thee by the living God that thou shalt show thyself pure, nor retain any false image, but shalt be exorcised water, to make manifest and reveal and bring to naught all falsehood, and to make manifest and bring to light all truth ; so that he who shall place his hand in thee, if his cause be just and true, shall receive no hurt ; but if he be perjured, let his hand be burned with Are, that all men may know the power of our ' De Gloria MartTrnm Lib. i. esp. 81.— lojeete nana, proUnai asqac ad Ipsa oviam internodia oaro li<\|aeAMlA dcSaiit. ORDEAL OF HOT WATER. 199 Tiiml Jf fms Christ, who will oome, with the Tloly Ghost, to Judge with Are the qalok and the dead, and the world ! Amen t"* Ailcr tho experiment had taken place, the hand was carefully enveloped in a cloth, sealed with the signet of the jndpe, and three da3'8 afterwards it was unwrapped, when the guilt or innocence of the party was announced by tho condition of the member.* The jnstiflcation of this mode of procedure by its most able defender, Ilincmar, Archbishop of Rheims, is similar in spirit to this form of adjuration. King Lothair, great- grandson of Charlemagne, desiring to get rid of his wife, Teutl)erga, accused her of the foulest incest, and forced her to a confession, which slio afterwards recanted, prov- ing her innocence by undergoing the ordeal of hot water by proxy. Lothair, nevertheless, married his concubine, Waldrada, and for ten years the wliole of Enroi^e was oc- cupied with the disgusting details of the quarrel, council alter council assembling to consider the subject, and the thunders of Rome being freely employed. Hincmar, the most conspicuous ecclesiastic of his day, stood boldly forth in defence of the unhappy queen, and in his treatise ** De Divortio Lotharii et Teutbergnc," he was led to Justify the use of ordeals of all kinds. The species of reasoning which was deemed conclusive in the ninth century may be appre- ciated from his arguments in favor of the ameumj ^^ Be- cause in boiling water the guilty are scalded and the inno- cent are unhurt, because liOt escaiKHl unharmed from the fire of Sodom, and the future flre which will precede the terrible Judge will be harmless to the Saints, and will burn the wicked as in the Babylonian furnace of old."' * Fornula Ezorelfraomn, Balm. 11. 6M iiqq. Varioat other forna- laa are glTen by Balate, Spelnan, Mnraiori, and other eollectori, all Baal* fceiing the fame aneonMloof irrererenee. * Doom eoneeralng hot iron and water (Lawi of Aihelitan, Thorpe. I. SIS) ; Balate, II. 644. ' 'Q«la in aqaa l\|pilU eoqnnntar ealpebtlef el InnovH liberanlar Ineoell, qala de igne Sodomliieo Lot Jnstai eraiU Inuttui, et futarae Ignit qui prcl. 200 THE OBDKAL. In the Lifo of St AtUdwold is recorded a miracle, which, though not judicial, yet, from its description by a contem- porary, affords an insight into the credulous faith which intrusted the most important interests to decisions of this nature. The holy saint, while Abbot of Abingdon, to test the obedience of Elfstan the cook of the Monastery, ordered him to extract with his hand a piece of meat from the bot- tom of a caldron in which the conventual dinner was boil- ing. Without hesitation, the monk plunged his hand into the seething mass and unhurt presented the desired morsel to his wondering superior. Faith such as this could not go unrewarded, and Elfstan, ftom his humble station, rose to the Episcopal seat of Winchester.* This form of trial was in use among all the races in whose legislation the purgtUio vulgaris found place. It is the only mode alluded to in the Salique Law, from the primitive text to the amended code of Charlemagne.* The same may be said of the Wisigoths, as we have already seen \ while the codes of the Frisians, the Anglo-Saxons, and the Lombards, all refer cases to its decision.' In Ice- land, it was employed from the earliest times,* and it con- tinued in vogue throughout Europe until the general discredit attached to this mode of Judgment led to the gradual abandonment of the ordeal as a legal process. It is among the forms enumerated in the sweeping condemna- tion of the whole system, in 1215, by Innocent III. in the Fourth Council of Latcran ; but even subsequently we And it prescribed in certain cases by the municipal laws in force bit terribllom Judioem, Buiotif eril Innoouai oi loelestos adaret, ui oHb Babyloniea fornai, qnn pueroi onnino non oontigik." — loterrog. tI. ' Vii. 8. Atbclwoldl 0. z. (Chron. Abingd. II. 259.) * Firti Text of Pardogam, Tit. liii., Ui. ; MS. Ouclforbyi. Tit. sir , zvi. ; L. Bmend. Tit. !▼., Hz. * L. Friiion. Tit. iU. ; L. iBtbelradI ir. M • !<• Lombanl. Lib. i. TiL zzziii. \ 1. * QrigiMt Beot. ti. oap. 66. ORDEAL Of BKD-HOT IRON. 201 throngliont the whole of Northern and Southern Oermany,* and as late as 1282 it is specified in a charter of Gaston of Bdarn, conferring on a church the privilege of holding ordeals.* At a later date, indeed, it was sometimes admin- istered in a different and more serious form, the accused lieing cxiKscted to swallow the boiling water. I have met with no instances recorded of this, but repeated allu- sions to it by Rickius show that it could not have been unusual.* The modem Hindoo variety of this ordeal consists in casting a piece of gold into a vessel of boiling ghee or sesame oil, of a specified size and depth. If the person to bo tried can extract it between his finger and thumb, with- oi\|t scalding himself, he is pronounced victorious.* The trial by red-hot iron (Judicium ferri^ juise) was in use from a very early ])crtod, and liecame one of the favorite modes of determining disputed questions. It was admin- istered in two essentially diflbrent forms. The one (vomeren igniii^ examen peddle) consisted in laying on the ground at certain distances six, nine, or in some cases twelve, red-hot ploughshares, among which the accused walked barefooted, sometimes blindfolded, when it became an ordeal of pure chance, and sometimes compelled to press each iron with his naked feet.* The other and more usual form obliged the patient to carry in his hand for a certain distance, usually nine feet, a piece of red-hot iron, the weight of * Jar. ProT. Baioa. Lib. t. Art. M ; Jar. ProTia. Alamao. eap. zzzTil. SS 1A, 1«. • Da CaiiK. ' Defeni. Proto AqaaR Frigid. H 187, 169, Ao. • Aytim Akhwj, 11. 40S. Thb work wai wriilon aboai ih« year 1(100 hj Akairmrf. vliier of the Kiaperor Akbar. aiiulwlni Tr»nfiUiioa WM pab- Ibhetl nntUr I he aadplcM of the Repi Ini1l» Company in 1800. * ** Rl lUttbavvrll, p1 fingaloe vomerea pleno pede non preenerii, el qaanio. lamcanqae Iitpa farrll, eenicnlim profefaior.'* — Annal. Wlnton. Beelee. (Da Canice, n. t. Vnm^rei ) Six te the nnmher of plnaghtharef ppetlOed In lb» pelvhmliMl trial of 81. Canlgnnda, wife of the Kmporor St Henry II.-* Meg. Cbron. ttrlgie. SOS THK ORDBAL. which was detennined by hiw and yaricd with the impor- tance of the question at issue or the maguitude of the alleged crime.' The hand was then wrapijed up and scaled, and three days afterwards the decision was rendered in accordance with its condition.* These proceedings were accompanied by the same solemn obscnrances which hare been abready described, the iron itself was duly exorcised, and the intenrcntion of God was invoked in the name of all the manifestations of Divine clemency or wrath by the agency of fire — Shadrach, Mcshach, and Abcdnq;o, the burning bush of Horcb, the destruction of Sodom, and the day of Judgment.' So, in the form ordinarily in use throughout modem India, the patient bathes and performs certain religious ceremonies. After rubbing his hands with rice bran, seven green Peepul leaves are placed on the extended palms and ' Thai, MBong iba Anglo«S«zona, in the '* limpU ordcAl" ih« iron waiglied on« poand, in the " triple ordanl" ibroo pounds. The IntUr it pretoribtd for InoondinriM and '* morth-slaysn'* (Morot murdorert), iBiholstan, !▼. f it ; -ror falM oolning, BUiolred, iii. \ 7 1— for ploiting ngainsi the king'i lifii, Sthelrod, t. i SO, and Cnui, Booniar. \ 68— whilo al a lator period, In Uie ooUooiion known aa Um Lawi of Henry I., we And li extended to eaiea of Ibell, robberj, anon, and feloniei in general, Cap. IzTi. f 9. In Spain, ibe iron bad no definite welgbt, bnt waa a palm and two flngen in lengtb, with four feet high enough to enable the orininal to lift it eouTenientiy (Faero de Bae^a, ap, Villadlego, Faero Juigo, fol. 81 70). The epltoopal benedia- tion waa neoeiiary to oonaeorate the Iron to ita Judicial nie. A ebarier of 1082 ibowi that the Abbey of Fontanelie in Normandy bad one of approved aanotity, which, through the ignorance of a monk, wai applied to other pur- pOMi. The Abbot thereupon aaked the Arebblihop of Rouen to eoneecrato another, and before he would oonient, the institution bad to prove ita rigiit to administer the ordeal.— Du Oange, a. v., F^rrum eaMd$H», Laws of JBtbelstaa, ir. S 7.— A<Uuratlo ferri vel aqum ferventis. Balm. II. 060.— Fuero de Bae^a (ubi lop.) — Bven in this minute particular we see the mysterious connection between the superstitions of Burope and those of India. In Malabar, the ordeal of red-bot iron was followed by a similar ceremony ; the hand was wrapped up with linen soaked in rice-water, sealed by the king, and opened three days afterward for examination. (Collin de Plancy, ojr. cU, 228.) * For instance, see Tarions forms of exorcism given by Balnia, II. 061-064. Also Dom Qerbert (Patrologlm, T. 188, p. 1127.) ORDEAL OF RKD-UOT IBON. 208 bound round seven times with raw silk. A red-hot iron of a certain weight is then placed on liis hands, and with this he 1ms to walk across seven concentric circles, each with a radius sixteen fingers' breadth larger than the pro- ceding. If this be accomplished without burning the hands, he gains his cause.* In the earlier iieriods, the burning iron was reserved for cases of iKculiar atrocity. Thus we find it prescribed by Charlomngne in accusations of parricide;* tlio Council of Ilisbach in tOO directed its use in cases of sorcery and witchcraft;' and among the Thuringians it was ordered for women su8\|XH!te<l of i>oi8oning or otherwise murdering their husbands/ a crime visited with i)eculiar severity in almost all codes. Subsequently, however, it became rather an aristocratic procedure, as contradistinguished from tlie water ordeals. This nevertheless was not universal, for lK>th kinds were emplo3'ed indiscriminately by the Anglo-Saxons,* and at a later ixsriod throughout Germany;* while in the Assises de Jerusalem the hot iron is the only form alluded to as emplo3'ed in the roluricr courts;' in the laws of Nicu\|x>rt, granted by Philip of Alsace in 1163 it is prescri1)cd as a plebeian ordeal ;" about the same ixsriod, in the military laws enacted by Frederic Barbarossa during his second Italian exixsdition, it appears as a servile ordeal,* and as early as 888 the Council ^T Maipz indicates it espo- ■ Ay«en Akberj, II. 497. * Ciipit enrol. Mag. it. Ann. 809, eafi. 5. * ConeU. Riibftcb. can. U. (llArithoini Conell. OaraiAB. II. 69S.) * L. AngUor. •! Werinor. Til. lir. * Lawi of AUiolred, It. f 6— when Uio Monter had th« righl to mImI ib« ■loda In whleb ibt ordenl iboald b« adnlniitored. * Tb« Jaa Prorin. AUraan. (Cap. zxitU. if 1ft, 16; Cap. cIxzztI. {{ 4, 6, 7 ; Cap. eeelzzlT.) allowa UiiaTet and other malernetoni to teleet the ordeal tbey prefer. The Jaa ProTln. Saxon. (Lib. i. Art. 39) alTorda Ibem la ad- diUon tbe pHTilege of the duel. * DnlMO Conrt, Cap. I8S, Ml, S79, S80, eto. * Leabronaaart't Ondegfaerat, II. 707. * RadoYle. de Bcb. Frid. Lib. I. cap. zx? I. 204 TUS ORDEAL. dally for slaves.^ Notwithstanding this, we find it to have been the mode usually selected by ixsrsons of rank when compelled to throw themselves upon the Judgment of God. The Empress Richarda, wife of Oharles-le-Qros, accused in 887 of adultery with Bishop Liutward, oflTorcd to prove her innocence either by the Judicial combat or the red-hot iron.* The tragical tradition of Mary, wife of the Third Otho, contains a similar example, with the somewhat unusual variation of an accuser undergoing an ordeal to prove a charge. The empress, hurried away by a sudden and un- conquerable passion for Amula, Count of Modena, in 996, repeated in all its details the story of Potiphar's wife. The unhappy count, unceremoniously condemned to lose his head, asserted his innocence to his wife, and entreated her to clear his reputation. He was executed, and the countess, seeking an audience of the em\|>eror, disproved the calumny by carrying unharmed the red-hot iron, when Otho, con- vinced of his rashness by this triumphant vindication, immediately repaired his injustice by consigning his empress to the stake.* When Edward the Confessor, who entertained a not unreasonable dislike to his mother Emma, listened eagerly to the accusation of her criminal intimacy with ' *8i PrMbyterum oooldll . . . il Hbar wl, eum xii. Jurei; il Muitm •erras, per xii. Tomcros fervenU\| le oipurgei.' OoncU. Ifoguni. ann. 847, ean. xx\r. That of Trlbur, hoWlVar, in 896, preioribes U for nitn of rank, •fldelb UborUU notobilii."— Ooooil. Tribur. o. xiii. Regino. ann. 887.— AnnalM McUnaes. " Goifridi Yifcerbienaii Pan xrii., ** D« TerUoOibono Imperatoro.' SiflT- ridl Bpii. Lib. i. ann. 998. Rioobaldl UUt. Impp. sub OUono III.— Tba itory is not mtniionod by any oonfcemporary aathoriUaa, and If aratorl bas woU tzposed iU improbability (Annali d'llalia, ann. 990) ; aliboagb bo had on a provioui ooca«ion argued in favor of iU autbentioiiy (Aniiq. Ital. DiuerL S8). In eonviciing ibe empreai of celuuiny, ibe Oonnieai of Modena appeared ai an aocuter, malting good the ebarge by the ordeal ; but if we look upon ber at limply viudioating bar husband '• charaoter, the ease enters into the ordinary eourse of suob affairs. Indeed, among the Anglo-Saxons, there was a speoial provUion by wbioh the friends of an exeouted oriminal might olear his reputailon by undergoing the triple ordeal, aftar depositing pledges, to bo forfeited in oaso of defeat.— Ktbelred, iii. \ C. ORDEAL OF RED-nOT IRON. 206 Alwjm, Bishop of Winchester, she was condemned to undergo the ordeal of the burning shares, and walking over tliem Imrefootcd and nnhanncil, she established beyond per- adventiire tlic falsehood of the charge.^ Robert Cnrthose, son of William the Conqueror, while in exile during his 3'onthful re1)ellion against his father, formed an intimacy with a pretty girl. Years afterwards, when he was Duke of Normandy, she presented herself before him with two likely youths, whom she asserted to Ims pledges of his former affec- tion. Robert was incredulous ; but the mother, carrying unhurt the red-hot iron, forced him to forego his doubts, and to acknowledge the paternity of the boys, whom he thenceforth adopted. Indeed this was the legal form of proof in cases of disputed paternity established by the legislation of Iceland at this period,' and in that of Spain a century later.* Remy, Bishop of Dorchester, when ac- cused of treason against William the Conqueror, was cleared ■ Rapin, Hilt d'AngleUrre, I. ISS.—Oilai sUtM (noU to WmiuB of Mai. mthnrj, urn. 104S) that Richard of Dovliei b the oarHait avthority for thia itorj. * Order. Vitalii Lib. z. eap. 18. " Gr<g<8, SmU ti. cap. U. ^ " B al algana dlzlora quo preSada oa dalgnao, 7 al varon no la erayoro, pranda Sarro eallente ; a •! qoemada faere, non Ma ereyda, maa li fana aoea- para dal Serro, da el lljo al padre, e eriel aaai eomo fViero aa."<— Fvero da Baefa (Vllladiego, Faero Joigo, fol. 817 a). Ad inportant qaeetlon of the taaie kind waa tattled ia the teath ooDtnry b7 a direet appeal to Heaven, throagh wbleh the righta of Ugo, Marqala of Taaeaay, were determined. Hit father Uberto, Inoarriag the enmity of Otho the Oreat, 8ed to Pannonia, whence retamlog after a long exile, he fonnd hit wife Wllla with a boy, whom he refaeed to aeknowledge. After mnoh parleying, the delieate qveition wac thai aetUed: A large aieenbly, prinoipally of ecoleelaatlet, wac oonrened ; Uberto mA nndliUn- gnbhed among the crowd ; the boy, who had ncTcr teen him, wac placed in the centre, and prayera were offered by all precent that he ihonld be led by Divine iniitinct to hie father. Either the prayera were anawered, or hia training had been good, for he tingled ont Uberto without hetitation, and nuihed to hit armt ; the eantiont parent oonid indvlge no longer In anworthy donbia, and Ugo became the moit powerful prince of Italy (Pet Damian. Opata. LTii. Dim. H. a. 8, 4). 18 206 THE ORDEAL. by the devotion of a follower, who underwent the ordeal of hot iron.* In 1148 Henry L, Archbishop of Mainz, ordered its employment, and administered it himself, in a contro- versy between the Abbey of Gerode and the Counts of Hirschberg. In the special charter issued to the abbey attesting the decision of the trial, it is recorded that the hand of the ecclesiastical champion was not only uninjured by the fiery metal, but was positively benefited by it.' About the same period, Centulla lY. of B^arn caused it to be employed in a dispute with the Bishop of Lescar concern- ing the fine paid for the murder of a priest, the ecclesiastic, as usual, being victorious." But perhaps the instance of this ordeal most notable in its results was that by which Bishop Poppo, in 9G2, succeeded in convincing and convert- ing the Pagan Danes. The worthy missionary, dining with King Harold Blaatand, denounced, with more zeal than discretion, the indigenous deities as lying devils. The king dared him to prove his faith in his Qod, and on his assent- ing, caused next morning an immense piece of iron to be duly heated, which the undaunted Poppo grasped and car- ried round to the satisfaction of the royal circle, displaying his hand unscathed by the glowing mass. The miracle was suflScient, and Denmark thenceforth becomes an integral por- tion of Christendom.* The most miraculous example of this form of ordeal, however, was one by which the holy Suidger, Bishop of Munster, reversed the usual process. Suspecting his chamberlain of the theft of a cap, which was stoutly denied, he ordered the man to pick up a knife lying on the tab^e, having mentally exorcised it. The cold metal burned * BogerofWradoTtr. Ana. 1086. * Quod ferram mAauin porUniii DOn lolain non oomboMit, Md, ni Tldob- tar, posiniodam iMiiorem reddidit. — Qudeoi Cod. Diplum. Moguni. T. I. Ko. liii. If asaro ei IlAtoiilei, Fon da B^arn, p. zzzviii. * WIdakindi Lib. in. oap. 86.— Sigabori. OemblM. Ann. Mfi.^Ditbmari ObroB. Lib. II. cap. tIU. — Bazo. Grammai. HIjI. Panio. Lib. x. ORDBAL OF RED-HOT IRON. 20f the culprit's hands, as though it were red hot, and he forthwith confessed his guilt.^ No form of ordeal was more thoroughly introduced throughout tlie whole extent of Europe. From Spain to Constantinople, and from Scandinavia to Naples, it was appca1c<l to with confidence as an unfailing mode of ascer- taining tlie will of Heaven. The term ^^Judicinm," indeed, was at length understood to mean an ordeal, and generally ttiat of hot iron, and in its barbarized form, ^^Juise," may almost always be considered to indicate this particular kind. In tlio code of the Frankisli kingdoms of the East, it is the only mode alluded to, except the duel, and it there retained its legal authority long after it had become obso- lete elsewhere. Tlie Assises de Jerusalem were in force in the Venetian colonics until the sixteenth century, and the nianuscrijit, preserved ofllcially in the archives of Venice, described by Morelli as written in 1436, retains the primi- tive directions for the employment of the juise^ Even the Venetian translation, commenced in 1531, and finished in 1536, is equally scrupulous, although an act of the Council of Ten, April 10, 1535, shows that these customs had fallen into desuetude and had been formally abolished.' This ordeal even became partially naturalized among the Greeks. In the middle of the thirteenth century, the Empe- ror Theodore Lascaris demanded that Michael Faleologus, who afterwards wore the imperial crown, should clear him- self of an accusation in this manner ; but the Archbishop of Philadelphia, on being ap\|)ealed to, pronounced that it was a custom of the barbarians, condemned by the canons, and not to be employed except by the special order of the emixsror.* * AnnaiifU 8azo, ann. MS. * This Uxi b flTM by KauUr, Stnilf srd, 1S39, iogtibar with m o1d«r •■• Mnplled for lh» lower eovrt of Nkoots. It b to thb oditlott tU* all roforoneoo are aiado. * Pardemp, Ui oi CoaUmiot d« la Mor, I. MS aqq. * Da Caage, t. t. FurMm eawitHi, 208 THK OaDBAL. In Europe, even as Into as 1310, in tlio proceedings against the Order of the Templars, at Mainz, Count Frede- ric, the master preceptor of the Rhenish provinces, offered to substantiate his denial of the accusations by carrying the red-hot ironJ Perhaps one of the latest instances of its actual employment was that which occurred in Modena in 1329, in a dispute between the German soldiers of Louis of Bavaria and the citizens. The Germans offered to settle the question by carrying a red-hot bar ; but when the townsfolks themselves accomplished the feat, and triumphantly showed that no bum had been inflicted, the Germans denied the proof, and asserted that magic had been employed.* The ordeal of fire was sometimes administeied directly, without the intervention of water or of iron ; and in this, its simplest form, it may be considered the origin of the proverbial expression, " J'en mettrois la main an feu,'' as an affirmation of positive belief, showing how thoroughly the whole system engrained itself in the popular mind. The earliest legal allusion to it occurs in the code of the Ripnarian Franks, where it is prescribed as applicable to slaves and strangers, in some cases of doubt.* From the ' Bt iiiper boo paratni omoI ozperionUam tnblro it forram trdoiia porUro. — BaynoaAnl, Monamonti roIatlA b U Oondunn. Um ChoT. da Tomplo, p. 289. * Bonlf. do MoranoOhron. MatinenM.— op. Muralori Antlq. Ital. Biu. 38. ' Thai Rabolaii, ' on mon adais olio osi puoollo, loaiosroys io nen Tould- roji moiiro mon doigt on fou" (Pantagruol, Lib. ii. obap. zt.) ; and tbo BpUi. Obioar. Viroram (P. ii. EpUt. 1) 'Qaamvli M. Dornhardui dieorot, quod ToUet diipaUro ad ignem qaod boM oat opinio roalra." ^ Qaodil forru in ignoin uanum miMrili ot lauiaui tulorii, oto.— Tit. xxz. Gap. i. ; alio Til. zxxi. ir wo may oredil Oodronus (Oompend. Hiitor. Ann. 10 Anaitaaii)\| aa oarlj at tbo joar 607, under the Emperor Anaitasini, a Oaiholio biabop, if bo bad boon woriUd in a iboologioal diiputo with an Arian, vindioatod bis tonoto by standing In tbo midst or a biasing bonflro, and thonoo addressing an admiring orowd ; but Codronus being a eompUor of tbo oloTonth oontury, and sealous in bis orthodoxy, tbo inoident oan hardly be thought to possess muoh importaneo oxoopt as illustrating tho age of tbo writer, not tliat attributed to tho ooourronoo. ORDEAL OF FIRB. 209 phraseology of thcso pnasogcfl, we may conclude that it was then administered by placing the hand of the accused in a fire. Subsequently, however, it was conducted on a larger and more impressive scale ; huge pyres were built, and the individual undergoing the trial literally walked through the flames. The celebrated I'etrns Jgneus gained his surname and reputation by an exploit of this kind, which attracte<l great attention in its day. Pietro di Pavin, Bishop of Florence, unpopular with, the citizens, but protected by Godfrey, Duke of Tuscany, was accused of simony and heresy. Being acquitted by the Oouncil of Home, in 1008, and the oflcr of his accusers to prove his guilt by the ordeal of Arc being refused, he endeavored to ]uit down his adversaries by tjTanny and oppression. Orcat disturbances rcsultc<l, and at length, in 106f , the monks of Yatlombrosa, who had borne a leading part in denouncing the bishop, and who had suffered severely in consequence (the episcopal troops having burned the mon- astery of S. Salvio and slaughtered the cenobites), resolved to decide the question by the ordeal, incited thereto by no less than three thousand enthusiastic FlorentineS\| who assembled there for the purpose. Pietro Aldobrandini, a monk of Vallombrosa, urged by his superior, the holy 8. Giovanni Gualberto, offered himself to undergo the trial. Alter imposing religious ceremonies, he walked slowly be- tween two piles of blazing wood, ten feet long, five feet wide, and four and a half feet high, the passage between them being six feet wide and covered with an inch or two of glowing coals. The violence of the flames agitated his dress and hair, but he emerged without hurt, even the hair on his legs being unsinged, barelegged and barefooted though he was. Desiring to return through the pyre, he was prevented by the admiring crowd, who rushed around him in triumph, kissing his feet and garments, and endan- gering his life in tlieir transports, until he was rescued by his fellow monks. A formal statement of the facts was sent 18* SIO THB OEDBAL. to Borne by the Florentinee, the Papal court gave way, and the biahop waa deposed ; while the monk who had given bo striking a proof of hia ateadlast iaith waa marked for promo- tion, and eventually died Cardinal of Albano.* An example of a eimilar nature occurred in Milan, in 1103, when the Archbiahop Grosaolano was accuaed of aimony by a priest named Liutprand, who, having no proof to suatain hia diarge, offered the ordeal of fire. All the money he could raise, he expen^ded in procuring iiiel, and when all waa ready the partisans of the archbishop attacked the preparations and carried off the wood. The populace, deprived of the promised exhibition, grew turbulent, and Qrossolano was obliged not only to assent to the trial, but to Join the authori- ties in providing the necessary materials. In the Piazza di 8. Ambrosio two piles were accordingly built, each ten cubits long, by four cubits in height and width, with a gangway between them of a cubit and a half. As the undaunted priest entered the blazing mass, the flames divided before him, and closed as he passed, allowing him to emerge in safety — although with two slight injuries, one a burn on the hand, received while sprinkling the fire before entering, the other on the foot, which ho attributed to a kick from a horse in the crowd that awaited his exit The evidence was accepted as conclusive by the people, and Orossolano was obliged to retire to Rome. Pascal II., however, re- ceived him graciously, and the Milanese suflf^agans disaii- proved of the summary conviction of their metropolitan, to which they were probably all equally liable. The inju- ries received by Liutprand were exaggerated, a tumult was excited in Milan, the priest was forced to seek safety in flight, and Qrossolano was restored.* But the experiment was not always so successful for the rash enthusiast. In 1098, during the first crusade, after ' Yit. 8. Jobannb OaalUrti e. U -liir. * Landnlph. Jan. HUi. M«dii»l. eup. Iz., z., zi. (Rtr. IIaI. SoHpi. T. V.)- llaratori, Annal. Ann. 1108. ORDEAL OF FIRE. 211 the captnre of Antioch, when the Christians were in tnm besieged in that cit j, and, sorely pressed and famine-struck, were well-nigh reduce<l to despair, an ignorant peasant named Peter Bartliolomew, a follower of Rajrmond of Toulouse, announced a scries of visions in which St. Andrew and the Saviour liad revealed to liim tliat tlie lance which pierced the side of Christ lay hidden in the church of St. Peter. After severnl men had dug in tlie spot indicated, from morning until niglit, without success, Peter leaped into the trench, and liy a few wclklircctcd strokes of his mattock cxiiumcd the priceless relic, whtcii lie presented to Count Raymond. Clieered by this, and by various other mani- festations of Divine assistance, the Christians gained heart, and defeated the Infidels with immense slaughter. Peter became a man of mark, and had fresh visions on all import- ant conjunctures. Amid tlie Jealousies and dissensions which raged among the Prankish chiefs, the possession of the holy lauce vastly increased Raymond's importance, and rival princes were found to assert that it was merely a rusty Arab wea\|)on, hidden for the occasion, and wholly unde- serving the veneration of which it was the object. At length, after some months, during the leisure of the siege of Archas, the principal ecclesiastics in the camp investi- gated the matter, and Peter, to silence the doubts ex- pressed as to his veracity, offered to vindicate the identity of the relic by the fiery ordeal. Ue was taken at his word, and after three days allowed for fasting and prayer, a pile of dry olive-branches was made, fourteen feet long and four feet high, with a passage-way one foot wide. In the pre- sence of forty thousand men all eagerly awaiting the result, Peter, liearing the object in dispute, and clothed only in a tunic,- boldly rushed through the flames, amid the anxious praj'ers and adjurations of the multitude. As the chroni- clers lean to the side of the Neapolitan Princes or of the Count of Toulouse, so do their accounts of the event differ; the fonncr asserting that Peter sustained mortal injury in 81S TIIK ORDEAL. the fire ; tlie latter assuring us that he emcrge<l safely, wilh but one or two slight bums, and that, the crowd euthusia»- tically pressing round him in triumph, he was thrown down, trampled on, and injured so severely that he died in a few days, asseverating with his latest breath the truth of his revelations. Raymond persisted in upholding the sanctity of his relic, but it was subsequently lost.* Even after the efforts of Innocent III. to abolish the ordeal, and while the canons of the Council of Lateran were still firesh, St. Francis of Assisi, in 1219, offered himself to the fiames for the propagation of the faith. In his missionaiy trip tp the East, finding the Sultan deaf to his proselyting eloquence, he proposed to test the truth of their respective religions by entering a blazing pile in company with some imams, who naturally declined the perilous experiment. Nothing daunted, the enthusiastic Saint then said that be would traverse the fiames alone if the Sultan would bind himself, in the event of a triumphant result, to embrace the Christian religion and to force his subjects to follow the example. The Turlc, more wary than the Dane whom Poppo converted, declined the proposition, and St. Francis returned from his useless voyage unharmed.* The honors ' Falebor. Cftrnoi. oap. x. { Radnlf. Cadomaiuiis oap. o., el., oU., otHI. ; Raimond. da AkIIm (Boogari, I. 160-108). The latter wat obaplain of the Count of Tonlouae, and a firm asierter of the authenticity of the lanoe. lie relatee with pride, that on ita dieooverj he threw himielf into the trench and kiaaed it while the point only had ai yet been nnooTered. lie likewiie officiated at the ordeal, and delivered the adjuration at Peter entered tlie flames : '* Si I>eus omnipotena bnlo homlnl loquntua eat facie ad fiiciem, et beatua Andreaa Lanoeam Dominicam ostenditoi, cum ipie Tigilaret, transeat iiito ill»tua per ignem. Sin autem aliter eat, et mendaoinm eet, comburatur late oum lanoea quam portabit in manibua aula." Raoul do Caen, on the other hand, in 1107 became aeoretary to the ohivalrous Tancred, and thua obtained hia information from the opposite party. He is Tery decided In hia animadvertlons on the discoverers. Fulcher de Chartres was chaplain to Baldwin L of Jerusalem, and seems impartial, though foeptical. * Raynaldl Annal. Eccles. ann. 1210, c. 60.— In this, St. Francis en- deavored nnsueeessfally to emulate the glorious achievement of 6L Boniface the Apoatle of Russia, who converted the King of Russia and his court by OBDBAL OV VIBB. 818 wlilch the iinlxslicvcTS rendered to their self-sacrificing gnest mil}' perlmps be expinined by the reverence irith which they are accnstomed to regard madmen. A still more remarkable attempt at this kind of ordeal occurred at a much later i^eriod, when the whole system had long liocome obsolete, and though not carried into execution, it is worth}' of passing notice, as it may be said to haye produced results afTecting the destinies of civilization to our own day. Wlicn, at tlie close of the fifteenth century, Savonarola, the precursor of tlie lleformation, was com- mencing at Florence the career which Luther afterwards accompltshofl, and was graduall}' throwing off all reverence for the infamous Borgia, who then occupied the chair of St. Peter, ho challenged any of his adversaries to undergo with him the ordeal of fire, to test the truth of his propositions that the Church needed a thorough reformation, and that tlie excommunication pronounced against him by the Pope wa4 null and void. In 149t, the Franciscan Francesco di Puglia, an ardent opponent, accepted the challenge, but left Florence before the preliminaries were arranged. On his return, in the following year, the affair was again taken up ; but the principals readily found excuses to devolve the dan- gerous ofllce on enthusiastic followers. Giuliano Rondi- nelli, another Franciscan, agreed to replace his companion, declaring that he expected to be burned alive; while on the other side the ardor was so great that two hundred and thirty-eight Domhiicans and numberless laymen subscribed a request to be permitted to vindicate their cause by tri- umphantly undergoing the trial unhurt, in place of Do- menico da Peschia, who had been selected as Savonarola's champion. At length, after many preliminaries, the Signiory of Florence assigned the 7th of April, 1498, for the experi- ment. An immense platform was erected, on which a huge pile of wood was built, charged with gunpowder and other ■MMit of A timUAr burgain and ordeftl — ai ImiI aeoordinf to Um oorrenl martyrologief (MnHjrol. Boman. 19 Jan ), oo ihe Mihoriij ofBi. Pator I>»- nlaa (Vit 6. BomaalU. o. S7). 214 > TUB ORDBAL. combnatibles, and traversed by a narrow passage, ibroagb wbieb tbe cbampions were to walk. All Florence assembled to see tbe sbow ; bat, when everything was ready, quibbles arose about permitting the champions to carry crucifixes, and to have the sacrament with them, about the nature of their garments, and other like details, in disputing over which the day wore away, and at vespers the assemblage broke up without result. Each party, of course, accused the other of having raised the difficulties in order to escaiic the ordeal ; and the people, enraged at being cheated of the promised exhibition, and determined to have compensation for it, easily gave credit to the assertions of the Franciscans, who stimulated their ardor by affirming that Savonarola had endeavored to commit the sacrilege of burning the sacrament. In two days they thus succeeded in raising a tumult, during which Savonarola's convent of San Marco was attacked. Notwithstanding a gallant resistance by the friars, he was taken prisoner, and, after undergoing frightful tortures, was hanged and burned. Thus was repressed a movement which at one time promised to regenerate Italy, and to restore purity to a corrupted Church. The mind loses itself iu conjecturing what would have been the result if the career of Savonarola hod not thus been brought to an untimely end; though, while fully acknowledging his genius and fervor, we must admit that he was not of the stuff of which the leaders of mankind are fashioned.* It will bo observed that the ordeal of fire was principally ' I hAT« prlDoipally followed a rery curious and oharftoterblle aooonnt of tbe '8perimento del Fuooo," eoniaioed in a Life of Savonarola by tbe P. Paalfloo Durlamaeoblf given by Mansi in bii edition of tbe Mlaeellanoa of Balute, I. 630 iqq. BurlAmaeobl, ae a friend and ardent follower of the reformer, of oouree throws all tbe blame of defeating the ordeal on tiie quibbles raised bj tbe Franoisoans, while the Diary of Burcbard, master of oeremonies of the Papal Chapel to Borgia (Diarium Ouriss Romano), ann. 1498), roundly ajserts the oontrary. Ouioolardinl (Lib. iii. cap. vi.) briefly atates the Ibots, without venturing an opinion, except that the result utterly destroyed the oredlt of Savonarola, and enabled his enemies to make short work with him. ORDBAL OV riBB. 216 afTcctofl by ecclesiastics in church aflhirS) perhaps because it was of a nature to produce a powerAil impression on the s])cctators, while at the same time it could no doubt in many instances be so managed as to secure the desired results by tliosc who controlled the details. In like manner, it was occasionally employed on inanimate matter to decide points of faitii or polity. Thus, in the question which excited great commotions in Spain in lOft, as to the substitution of the llonmn for the Gothic or Mozarabic rite, afler a Judicial combat had been fought and determined in fayor of the national ritual, the partisans of the Roman offices continued to urge their cause, and the ordeal of fire was appealed to. A missal of each kind was committed to the flames, and, to the great joy of all patriotic Castilians, the Gothic offices were unconsumcd. A somewhat similar instance occurred in Constantinople, as late as the close of the thirteenth century, when Andronicus II., on his accession, found the city torn into factions relative to the patriarchate, arising from the expulsion of Arsenius, a former patriarch. All attempts to soothe the dissensions proving vain, at length both parties agreed to write out their respective statements and arguments, and, committing both books to the flames, to abide by the result, each side hoping that its manuscript would be preserved by the special interposition of Heaven. The ceremony was conducted with imposing state, and, to the general surprise, both books were reduced to nslios. Singularly enough, all parties united in the scnRible conclusion that God had thereby commanded them to forget their diflbrences, and to live in peace.^ The genuineness of relics was often tested in this manner * Ptrn^raP, Hint. Oht, d'RpiMgne, irsd. dmrm\\tj, III. S4S. Tho m- Uieniielty of thia miraole bM nomewhai exer«iaed oHhodoz writer, sad MaMHon alalra (hml the earliewi aalhoritj for it la Roderfo, Arehbbhop of ToMa, wbn SniarUb«d la the middle of ihe Ihirteenlb oenCarj (Prooem. ad ViL Or^. VII. No. 10). If Uila be ao, it only abowa to bow laU % period tbe PUprrMilinn i>xlended. • Miceiib. Uregor. Lib. ▼!. 816 TDK OEDSAL. by exposing ilicm to the aciioii of fiie. Wben, in 1065, the pione ^gelwin, Biebop of Dmiiam, minciiloasly diaDovcied the relics of tlie holy martyr King Oewyn, he gave the hair to Judith, wife of Tosti, Eari of Northumberland, and she with all reverence placed it on a raging fire, whence it was withdrawn, not only uninjured, but marvellously incressed in lustre, to the great edification of all beholders.* Guibcrt de Nogent likewise relates that, when his native town be- came honored with the possession of an arm of St. Amoul, the inhabitants, at first doubting the genuineness of the precious relic, cast it into the fiames; when it vindicated its sanctity, not only by being fire-proof, but also by leaping briskly away from the coals, testimony which was held to be incontrovertible.* The cold-water ordeal (Judicium aqum frigidss) differed firom most of its congeners in requiring a miracle to convict the accused, as in the natural order of things he escaped. The preliminary solemnities, fasting, prayer, and religious rites, were similar to those already described; the reservoir of water, or pond, was then exorcised with formulas exhi- biting the same combination of faith and impiety, and the accused, bound with cords, was lowered into it with a rope, to prevent fraud if guilty, and to save him from drowning if innocent;* the length of rope allowed under water being an ell and a half, according to the Anglo-Saxon rule.* The basis of this ordeal was the superstitious belief that the pure clement would not receive into its bosom any one stained with the crime of a false oath, a belief which, as wo * If AUhtw of WMimlosUr, Ann. lOflS. * Quibcrt. Noviogtnt. d* ViU ran Lib. in. onp. isL * N« nni nliquem poult frnadem in Judioio Uow, aui li nqun lllnm velui innoziom rooiptrii, ne in nqua pcrioleUinr, ad Umpm vnlent ntrahi. — Ulnemnr. de Divort. Lollinr. InUrrog. Ti. li may r«adilj be lappoied tba( a ikilAil managemeni of ibe rope migbt tuilj produce ibo appearanoe of floating! when a oonTlotion wa« deoired by the priestly operators. * Bt si Jttdieinm aqno friglde sit, tuno immergatttr nna ulna et dimidin in Aine.^L. Jithelstani, i. oap. xxiU. ORDBAL OV OOLD WATBB. SIT' hftvo Bccn, WAS entertained in primeval India, and which bears considerable rcucmblance to the kindred superstition of old, that the earth wonld eject the corpse of a criminal, and not allow it to remain quietly interred. The ecclesi- astical doctrines on the subject are clearly enunciated by Ifincnmr: "lie wl»o seeks to conceal the truth by a lie will not sink in the waters over which the voice of the Lord hath thundered ; for the pure nature of water recognizes as impure, and rejects as incompatible, human nature which, released from falsehood by tl\e waters of baptism, becomes a^ln infected with untruth."* The baptism in the Jordan, the passage of the Ke<l Sea, and the crowning Judgment of the Deluge, were freely adduced in support of this theory, though these latter were in direct contradiction to it, and the most figurative language was boldly employed to give some show of probability to the results expected. Thus, in St. Dunstan's elaborate formula, the praj^er offered over the water metaphorically adjures the Supreme Being — "Let not the water receive the body of him who, released from the weight of goodness, is upborne by the wind of iniquity!'" As practised in modern India, however, the trial is rather one of endurance. The patient stands in water up to his middle, facing the East, lie dives under, while simulta- neously an arrow of reed without a head is shot from a bow, lOG fingers* breadth in length, and if he can remain under water until the arrow is picked up and brought back, he gains his cause.' ' Q«l ▼•riUUn nendaeio eapU obUgert, in ftqnlt^iapcr qaM vox Do- mini Del mnJetUilt Intonnlt, non pol«ft mcrgi, qnin pan natnrn aqnn nnln- nim hnrnMnnm per aqnani baptiemailt nb omnl nendaoll flgnento parfaUn, liemm mendnelo lnfoet«Ri, non reeognoMit panmi, et Ideo enm non reelplt, ••d r«J{eli at ellennm. — De Dirori. Lothar. InUrrog. rl. Nee pNllnntnr reetpere eorpas, qnnd nb onere bonlUiUs eTnennian, Tentns inlqailnlii nUernTli no Inane constltnii.— Ordo 8. Danstanl Doro- bern. (Bnlnse, II. 050.) * Ayeen Akbery, II. 407. Tbe afe of this ordeal wae eonOned to Ihe Valtjn or eatle of bafbandmen and uierebanU. 19 2ia THB OUDBAIi. Although the iiso of this foim of orilcAl prevailed wher- ever the judgment of God was appealed to, aud although it enjoyed a later existence than any of its kindrad practiccsi it was the last to make its appearance m Europe. Tlicro seems to bo good reason for attributing its introduction as a Ohristian mode of trial to Poi)e Eugenius II., who occu- pied the pontifical throne Arom 824 to 827, although some critics have denied to it this paternity, on what would seem to be insufficient grounds. Baluze gives a formula for cuu- ducting it which is thought to be of the ninth century, aud which expressly states that Eugenius invented it at the request of Louis-le-Ddbonnaire, as a means of repressing the prevalent vice of perjury ; and another manuscript to which Mabillon attributes the same date makes a similar assertion.* All this derives additional probability from the fact that the cold-water ordeal is not alluded to in any of the codes or laws anterior to the ninth century, while it is continually referred to in subsequent ones ; and another evidence of weight is afforded by St. Agobard, Archbisliop of Lyons, who, in his celebrated treatise against the judg- ment of Qod, written a few years before the accession of Eugenius, while enumerating and describing the various modes in use, says nothing about that of cold water.* The * Hoe Jodioiam aatem, p«tenU Domno Hladovioo Imptraiore, ooDiUinU beaittt Bogenlui, . . . . ne perjari super reUqaias lanotorum perdani suae animaa in malnm eonfenUeniei (Balnie, II. 640). — Hoe aatem Jadieinm ereavU omDlpotene Dooi, ei voram osi; oi per I>oiiinum Bugoiilum ApettuU- euin invoniom est (Mabillun, Analeota, pp. 101, 102, ap. Cangiaui.).— The same asserUon is made In several other rituals whioh are given at length by Haraiori (Antiq. Ital. Dissert. 88) ; and by Jaretns (Observat. ad I von. Bpist. 74). Some anoient M6S. also attribate it to Leo III., a quarter of a century earlier, stating that when in 700 the Romans revolted sgainst him, he fled to Oharlemsgne, and that, on the Emperor's bringing him baok to Rome, this form of ordeal was introdueod to try the authors of the disturb- anee. (Muralori, loc. cit.) * Non oportet . . . suspioari quod omnlpotens Deus oeeulta hominum in proDsenti vita per aquam ealidam ant ferrum revelari velitj quanto minus per erudelia certamina?— (Lib. adv. L. Qundobadi cap. ix.) And again, in the OBDBAL or OCTLD WATER. 219 only ar^mcnts alleged in fayor of an earlier date are t»r- tain passages in Gregory of Tours, dcseribing miracles in which saintly personages condemned to be drowned floated trntmphantly ashore — cases which have evidently notliing to do with the question, as they were interpositions of Providence to save, not to condemn, and were inflictions of punisluncnt, not legal investigations.* The new process had a hard struggle for existence. But a fow years nflcr its introduction, it was condemned by IiOuis-lo-DcnKuinntre at the Council of Worms, in 829; its use was strictly proliibitcd, and the ^'missi dominici" were instructed to see tliat the order was carried into effect, regulations which were repented by the Emi)eror Lothair, son of Louis.* Notwitlistanding this, it seemed to adapt Hw\t to {Mipnlar prejudices, and the interdiction was of little avail ; Ilincmar, indeed, dismissing it with the remark that the prohibition was not confirmed by the canons of authoritative councils.* The trial by cold water spread throughout Europe, and among all the Continental racQS it was placed on an equal footing with the other forms of ordeal. Among the Anglo-Saxons, indeed, its employment has l)cen called in question by some modem writers ; hut the Dooms of JCthclstan, and the formula of St. Dunstan Uh%f eoBtn Jndiolam Del, oap. I. : ' llilU mram d« Ub, q«l oongr^diator neevn lingiiUri o«rUiiilB«, at prob«l me ranm iibi mm, si OMid«rii ; Aoi ftU, Job feimiii Tel sqoM ealefleri, qoM manibos Ulatot aUrMtem ; ft«i eomiiUiie erneM, uA qaM eUni ImmobUle perMrerem." ' Gregor. ToroB. MirMol. Lib. i. o. 69, 70. The Bpltile given in OraiiAii (0. Ifenvea etu. S. q. 6) m wriiUn by 6i. Qregory to Qqmb BninhHdft, Mftreely needs a relbrenee, lis allaslons to the ordeal haTing long sinM.beon rMtored to their true author, Alexander II. (Bpist. ISS). * Ut ezamen aqns» frigids», qnss haetenas flebat, a missis nostrls omnlbvs modls Intordieatar, ot non nlUrins flat.— Capit. Wonnat. Ann. SS9, Tit. it. eap IS:^L. Longobard. Lib. ii. Tit It. 4 81. * Hm prflstoreandam quia legimns in eapitnlis Aagnstomm ftaisM Tetitnm frIgldsB aqas» Jadielom ; sod non in Ulis synodalibns qns» de eertis aoMpimnf ^nodlff.— De DlTort. Lothar. Interrog. tI. 8S0 TnB'ORDSAL. of Canterbury, already quoted, aufllciently mauifcst iU existence in England before the Conquest. The ordeals of both bot and cold water were stigmatized as plebeian from an early period, as the red-liot iron and tlio duel were patrician. Tbus Uincmar, in tbe niutb centurj', alludes to tbe former as applicable to persons of servile condition ;* a constitution of tbe Emperor St. Ilenry 11^ about A. D. 1000, in tbe Lombard law, bas a similar bear- ing ;' an Alsatian document in tbe eleventb,* and tbe laws of Scotland in tbe twelltb century, assume tbe same i)o- sition ;* and Glanville at tbe end of tbe twelflb century expressly asserts it.* Tbis, bowever, was an innovation ; for in tbe earliest codes tbere is no sucb distinction, a pro- vision in tbe Salique law even prescribing tbe ameuni, or bot-water ordeal, for tbe Antrustions, wbo constituted tbe most favored class in tbe state.' Nor even in later times was tbe rule by any means absolute. In tbe tentb century, Sancbe, Duke of Gascony, desirous of founding tbe monas- tery of Saint Sever, claimed some land wbicb was necessary for tbe purpose, and being resisted by tbe possessor, tbe title was decided by reference to tbe cold-water ordealJ In 1027, Guelf II., Count of Altorf, ancestor of tbe great * Ui fl praikti tni hominef quia non llbem eondtiionlt rant, ani emn ftqaa frigida, aat oam aqaa oaUda, ind« ad jodloiam Dei •zirent, qaid ind* Beoa oitenderel mihi saAoeret. — Opiuo. adT. HiDcmar. Iiandun. eap. zliil. * 8i qala . . . aoeufatoi negar* Tolaorii, aai ptr dnellttin ti Mber etl j li T«ro Mrfni, par Jadloinni ferventif aqa» defendai m. — L. Longobard. Lib. I. Til. iz. ^ S9. * Eiii . • . ipaa InnoMDtiiD ran ezpurgatioDem apptllaverit, liber vol pertonatua aerriena, al iofira pairiam aai, poai aepUm diernm induoiaa ouui toiidem aiUB oomparitaUa taailbua; plebojaa auiom ai ninoria taaUmoail ruaiioaa, aqaa> frigido aa expiirgai Judioio.— lieooaa. Coufani. Alaai. Anno 1061, \ 0. (Qoldaai. Oonaiit. Imp. II. 48.) ' Bagiam Hajastatam Lib. iy. aap. iii. \ 4. * In tali autam canaa tanatur aa pargara ia qui aaauaaiar par dol Jndioinni .... aeillcai par farram eallduin ai faarit homo libar, per aquam ai ftiarii maUeoa.— Da Legg. Anglln Lib. zir. eap. 1. * Tazl. Harold. Til. lzzti. * Masura ei Hatoulel, Fora de B4nrn, p. zzzl. ORPSAL or OOLD WATSR. 391 hofifies of Onelf in ItiUy and England, having taken pari in the rerolt of Conmd the Yotingcr and Ernest of Snabia, was forced by the Emperor Conrad the Saliqtte to prove his innocence in this manner.* This may have been, \|)erhap«, intended rather as an hnmnintion than as a judicial proceed- ing, for Uuelf had iKM^n guiHy of great excesses in the con* duct of the rcliellion ; but about the same perio<l Othlonns relates an incident in which a man of noble birth accused of theft submitted himseif to tlie cold water onleal as a matter of course ;* and we find, nearly two centuries later, when all the vulgar ordeals wera falling into disuse, that the water ordeal was cstabltslied among the nobles of Southern Germany, as the mode of deciding doubtful claims on fiefii.* In 1083, during the deadly struggie between the Empire and the Papacy, as ])ersonified in Henry lY. and llildebrand, the imiierialists related with great dcligiit that some of the leading prelates of the Pai>al court submitted the cause of their chief to this ordeal. After a three days' fhst, and proper benediction of the water, they placed in it a boy to represent the Emperor, when to their horror he sank like a stone. On referring the result to llildebrand, he onlere<l a repetition of the experiment, which was attended with Uie same result. Then, throwing him In as a representative of the Pope, he o1)6tinately floated during two trials, in spite of all efforts to force him under the surface, and an oath was exacted from them to maintain inviolable secrecy as to the nnex])ected result.* Perhaps the most extensive instance of the application of this form of ordeal was that propose<l when the sacred vessels were stolen from the cathedral church of Laon, as related by a contemporary in a MS. of Laon quoted by * CMrad. Urtperg. nh LoUiar. Saxon. * QakUm llliulrit Tir.— OthloB. do llirM. qaod Bopor Moidii tio. (P^ Irol. T. 140, p. Ut.) " Jurte Food. Alamiiii. onp. Ivzrli. § S. ' MS nrli. Mm. iniortod bj Perit In Hago. Florlniao. Lib. ti. 10* 222 TnS ORDBAL. Jurctns.* At A council convened on the subject, Master Anselm, the most learned doctor of the diocese, suggested that, in imitation of the plan adopted by Joshua at Jericho, A young child should be taken from each parish of the town and tried by immersion in consecrated water. From each house of the parish which should be found guilty, another child should be chosen to undergo the same pro- cess. When the house of the criminal should thus be dis- covered, all its inmates should be submitted to the ordeal, and the author of the sacrilege would thus be revealed. This plan would have been adopted hod not the frightened inhabitants rushed to the Bishop and insisted that the experiment should commence with those whose access to the church gave tlicm the best opi)ortunity to )Xir\|)ctrate the theft. Six of these latter were accordingly selected, among whom was Anselm himself. While in prison await- ing his trial, he caused himself to be bound hand and foot and placed in a tub full of water, in which he sanlc satisfac- torily to the bottom, and assured himself that he should oscai)e. On the day of trial, in the prcscuce of an iuimensc crowd, in the cathedral which was chosen as the place of judgment, the first prisoner sank, the second floated, the tliird sank, the fourth floated, tlie fifth sank, and Anselm, who was the sixth, notwithstanding his previous experi- ment, obstinately floated, and was condemned with his ac- complices, in spite of his earnest protestations of innocence. Although the cold-water ordeal disappears from the statute-book in civil and in ordinary criminal actions at the same time that the other similar modes of purgation were abandoned, there is one class of cases in which it niaintiiined its hold upon the popular faith to a much later jxiriod. These were tlie accusations of sorcery and witch- craft which form so strange and prominent a feature of me- diaeval society, and its use for this purpose may apparently ' ObMnrat. in Ivon. Carnot. Epist. 74. OBDEAt or GOLD WATSR. 823 tic traced to ynrious cnnscs. For nnch crimes, drowning was the pnninhincnt inflicted by the cnRtoms of the Franks, ns soon as tliey had lo>«t the resiKJct for individnal liberty of action wliich excluded iiersonal punishments from their original code;* and in addition to the general belief that ' Loclbfirias . . . Gerb«rgiun, more maitjicomm, in Ararl iB«rgl \|irfl»- oepll.— Nithardl Hist Lib. i. Ann. 834. Tbe Saliqne law merely ln6ieUi llnet in easet of witcberftA, eren wben iho oflendor bud, Aceonlinn to a witlelj fprend taperBiilion of iho iimof , eaion iho Tietim bodily (L. Bmendal. eap. zxi. 4 3; e«p. IzTit. \ 3). Bo alio iho L. Riptmrior. (Tii. Izxxiii.). Chorlemngno allowed sniipeeiod penona io bo ioriarod for eonfeaiion, provided the proeeaa was noi oarrled to the poini of deaih, and after conriolion they were to be impriioned nntU amendmeni (Capli. II. Ann. 805, § xzt.). The legislation of other raoea was very Tarioua In this reppeet. The Ostrogoths Tisited all sneh praetiees with death (Cod. Theoderlei cap. ctiii.), relaxing somewhat on the laws of Constantine, who aonghi to extirpate Ibera with Are and tormenis (Const. 8, 6, 7, 0. De Male- flcis IX. 18). The Wisigoths more hamanely oontenied themselres with stripes, shaving the head, and exposure (L. Wisigoib. Lib. vi. Tit. ii. eap. 8). The Lombard law (Lib. ii. Tit. xxxvili. 4 2) ordered tbem to be sold as slares beyond tbe boondaries of the prorinee, and the earliest legislator, King Rotharis, denounced serere penalties against thooe who pat women to death nnder tbe absard belief that they eonld eat liTlng men—** QaoA Ohrlstianis mentibos nallatenas est oredendnm, nee posslbile est, nt homlnem mailer ▼ivam intrinseens pomit eomedere'* (L. Longobard. Lib. i. Tit. si. 4 0). The Pagan Saxons entertained n similar saperstition, for whieh they were in the habit of horning witehes and soreerers, and even of eating them In tarn, as we learn from the elvllitlng and Christianising eapltnlary of Charlemagne : '* 81 qaif, a diabolo deeeptos , oredlderit, seeandnm morem paganoram, Tlram nliqaem ant femlnam sirigam esse ei homines eomeilere, et propter hoe Ipsam incenderit, rel earnem ejns ad eomedendam dederit, Tel Ipsam eomederit, capitis scnientia panieinr etc." (Capit. de Pariibas Saxoniss, Ann. 789, 4 tI.). The Anglo-Saxons merely banished the witch who would not reform, with the penalty of death for disobedienoe (Laws of Bdward and Gothram, Tit. XI.; Bthelred, ti. 4 7; Cnat. Secniar. eap. it.) { unless the death of a Ticlim bad been compassed, wben the offender was exeeated (Athelstan, i. 4 8), or delirered io tbe kindred to be pnnished at their pleasore (llenriel L Tit LZXI. 4 I). The primitiTO law of ScoUand, as given by Boetins, was more severe, condemning to the stake all engaged In such practices (Kenetht Leg. Civil, cap. 18— Spelman. Condi. I. 341) ; while In Ilangary, for ordi* nary witchcraft, on a flrst offence the criminal was only handed to the Bishop to bo reformed by faHing and the catechism ; a second offence was visited with braiHling on Iho forrhead, hf«ad, and hark, in the form of a cross with a 224 THK ORDBAL. the pnro doment refbscd to receivo those who were tainted with crime, there was in this special class of coses a widely spread superstition that adepts in sorcery and ma^c lost their specific gravity. Pliny mentions a race of enchanters on tlie Euxino who wore lighter than water — "eosdem non posse mcrgi . • . no veste qiiidam degravatos;" and Stephanus Byzantinus describes the inhabitants of Thebe as magicians who could kill with their breatli, and floated when thrown into the sea.* This whimsical opinion was perpetuated to a comparatively late i)eriod, and gave rise to a species of ordeal known as the IritU by balance^ in which the suspected sorcerer was weighed to ascertain his guilt, enabling him, we may presume, to escape, except when tlie Judges, determined to procure a conviction, man- ohnrch kej: bni whoa lift was atUmptod in snoh praotioM, the loroarw wu dellTerad to the rafferar or hif frUndi to bo troAtcd at thoir diaorotion (Legg. B. Stopbaoi, 0. zzzl. zzzii). The progreai of onUghtonmont In Hungary waa rapid, for, by th« end of tbo eantury, wo And King Ooloman oontoniing hiniaoir with the briof remariL, " Do atrigia foro qu» non aunt, naila qnasstlo flat" (Deerot. Ooloman. o. 2a^Balthjani, Logg. Beoloa. Hung. T. I.p. 455). Tbo oaiiao of humanity gained but littlo wlion, all aneh aoooaations being Ineluded in tbo oonvenient general ebarge of horeay, for Ave hundred yoara laekloM >harpers and dopes were eommitted pitilosaly to the flames. Kiog James I. briefly dismiasos the qnestlon of their punishment with the appro- priate remark, Passim obtinuit ui orementur. Qoanquam in hao re sua ouique genti pcrmittenda est eonsuetudo." (Domonologiio Lib. iii. e. Yi.) Even in the enlightenment of the seventeenth century, who oan read without grim disgust and wonder the terrible faroe of the trial of Urbain Qrandier, hurrying, amid details iudioronsly revolting, its unfortunate vietiro through torture to the stake, to gratify the quenchless malioe of Oardinal Kiohe- lien ? Nor did the tragedy cease for yet a hundred years. In the middle of the eighteenth oentury, Muratori oould still write — Novimns etiam inno- eentes priosertim mulieres interdum in veneAoii suspiolonem adduetaa Aiisae in quibusdam Christlani orbis partibns, et ant igni datas, aut mortis perieu- lum viz evasisse : neque alia do oanssa reas vulgo oreditas qnam quod sub fosoe annornm illarum humeri Jam eurvarentur." — (Antiq. Ital. Dissert. 69.) Perhaps the superstition of the devouring of living men by witches may find its last lingering remnants in the vampirism of Eastern Europe. * Amoilhon, do I'Epreuve de TEau Froide. ORDBAL or jOOLD watsb. 825 Aged to cludo the ylgilonoe of tho inspcctora.* To the concnrroncc of thcBC notions we may attribute the fact that when the cold-water ordeal was abandoned, in tho thirteenth century, as a judicial practice in ordinary cases, it still maintained its place as a special mode of trying those unfortunate iiersons whom their own folly, or the malice and fears of their neighbors, jiointed out as witches and sorcerers.* No less than a hundred years afler the eflbrts of Innocent III. had virtually put an end to all the other forms of vulgar ordeals, we find Louis Ilutin ordering its employment in these cases." At length, however, it fell into desuetude, until the superstitious panic of witchcraft which took possession of the popular mind in the second half of the sixteenth century caused its revival.* The ■ RieVInt (D«r«iit. Prob» Aq. Frigfd. f 41), writlnf In 1694, tptAkt of Ibit af A commoB pnietiM in mnny pUeof, and gmrely a«f orM u thai very larga and fat women had b«an fonnd to weigh only thirUen or flfloen poanda. KSnigawarter (op. cii. p. 186) itaUa thai aa lalo a« 1728, ai 8iegodln«ia llQngary, thirtoon perions lUfpeoted of ioroory wera, by order of oonri, rabjoeiod to the ordeal of oold water, and then to that of the balance. Ai Oadewater In Ilolland, aeeording to the aame anthority, the soalei naod on tbeae oeeaaloni are itill to be eeen. A modification of the trial by balance eoneittod in patting the aecopod Into one Male and a Biblo into the other. (Collin de Tlaney, a. r. JUblionumei$,) At the ilropleit, leait painfnl, and perhapi moit easily nanlpolated form of ordeal, thla was monopoHited in India by the Brahmini. As praoiised by them, the enltor waa weighed, and then, afler certain religloai ceremonies, he waa weighed again. If he had lost weight meanwhile, he waa pronennced Tiotorlons, bnt If his density remained stationary, be waa eondemned. (Ayeen Akbery, II. 4M.) * In earlier times, Tarioas other modes of proof were habitaally praetised. Among the Lombards, King Rotharis prescribed the Jndioial oombai (L. Ijongobard. Lib. i. Tit. zrl. \ 3). The Anglo-Saxons (^thelstan, cap. Ti.) direct the triple ordeal, which was either red-hot iron or boiling water. * Ille ttdrersas qnem maleHciom factom fteerlt vol prodilio, si aliam aeon- sarerity de qno allqaa saspicio sit cnrisB, acoasataa reclpiet Jadlcinm aqom frigidm.—Regest. Lndorici Untini (ap, Cangiom). * Scribontns, writing In 158S, speaks of it as a norelty "atpote qtts» in aliia Germants» partlbns tIz audita esset;** bat Neawald asrares as that it had been anlrersally employed for eighteen years prerioos^" aed in West* phalla forme ante annos ootodeelm est pnsiilm obsorvaU." 236 TUB ORDBAL. crimo was ono so clilllcult to provo jiulicially, and iho ordeal offered bo ready and bo Batisiactory a Bolutiou to the doubts of timid and conscientious judges, that its extensive use is not to be wondered at. The professed Diemonographers, Bodin, Binsfeld, Godelnuinn, and others, either openly rejected it, or omitted all reference to it, but still it did not want defenders. In 1583, a certain Scribo- nius, on a yisit to Lemgow, saw three unfortunates burnt as witches, and three other women, the same day, cximsed to the ordeal on the accusation of those executed. lie describes them as stripped naked, hands and feet bound together, right to left, and then cast upon the river, where they floated like logs of wood. Profoundly impressed with the miracle, in a letter to the magistrates of Lemgow, ho expresses his warm approbation of the proceeding and endeavors to explain its rationale, and to defend it against unbelievers. Sorcerers, from their intercourse with Satan, partake of his nature ; he resides within them, and their human attributes become altered to his; lie is an imponder- able spirit of air, and therefore they likewise become lighter than water. Two years later, Ilcrmauu Ncnwald published a tract in answer to this, gravely confuting the arguments advanced by Scribonius, who, in 1588, returned to the attack with a larger and more elaborate treatise in fluvor of the ordeal. In 1594, a more authoritative combatant entered the arena-^acob Rickius, a learned jurisconsult of Cologne, who, as judge in the court of Bonn, had ample opportunity of considering the question, and of putting his convictions into practice.* He describes vividly the * ThM* Tarlooa iraoU wer« ooUeoted togathar and reprinted in 1 680 at LaipilOy in 1 vol. 4to. It eontaiot lUoliiai'i ''Ooinpondloia oerti>qae modii aatriota defensio Probm Aquo) Frlgidn, qna) in examinatione malefloarum plerique Judioet hodie ntuntur;" ilia " Epiatola de Pargationa Sagarnm anpar Aqaam frigidam projeotarnm" of Scribonius; and Neowald's *Eze- getii Purgationlfl sivo Bzaminit Sagarum, Ao." Tbara are few more eurioui pioturea of the age to bo found bj the student joi the m^ateriea of human intelligenoe. OBDBAL or OOLD WATER. 227 perplexities of the Jnclges hesitating between the enonnitj of the crime nnd the worthlessness of the evidence, and his elaborate discussions of all the argnments in its favor may lie condensed into this : that the offence is so difBoult of proof that there is no other certain evidence than the ordeal y that without it we should be destitute of absolute proof, which would be an acbnission of the superiority of the Devil over Ood, and that anything would l>e preferable to such a conclusion. He states that he never administered it when the evidence without it was sufllcient for conviction, nor when there was not enough other proof to justify the use of torture; and that in all cases it was employed as a prelude to torture — "prmparandum et mnniendum torturoa viam" — the latter lieing fitjquently powerless in conscquenco of diabolical influences. The sickening instances which ho tletnilH with much complacency as irrefragable pn>ofs of his \|w)sitions sliow how frequent and how murderous were the coses of its employment, but would occupy too much space for recapitulation here ; while the learning displayed in his constant citations from the Scriptures, the Fathers, the Roman and the Canon Law, is in curious contrast with the superstitious cruelty of his acts and doctrines. In France, the central power had to he invoked to pnt on end to the atrocity of such proceedings. In 1588, an oppeol was token to the supreme tribunal from a sentence pronounced by a Chami)enois court, ordering a piisoner to nndergo the exiieriment, and the Porlement in December, ICOl, registered a formal decree against the practice; on onler which it found necessary to re])eat, August 10th, 1641.' Tlmt this lotter was not uncalled for, we may assume from the tcsthnony of the celebrated JerOme ISignon, who, writing neorly at the some time, soys thot, to his own knowledge, within o few years. Judges were in the habit of elucidating ' Ktfnigtwartor, op. oii. ^ 170. 22S TnS ORDEAL. doubiftil cases in this manner. In England, James I. grati- fied at once his conceit and his superstition by eulogixiug the ordeal as an infallible proof in such cases. His argu- ment was the old one, which pronounced that the pure element would not receive those who had renounced the privileges of their baptism,* and his authority no doubt gave encouragement to innumerable instances of cruelty and oppression. How slowly the belief was eradicated Arom the minds of even the educated and enlightened may be seen in a learned inaugural thesis presented by J. P. Lang, in 1661, for the Licentiate of Laws in the University of Basel, in which, discussing incidentally the question of the cold-water ordeal for witches, he concludes that perhaps it is better to abstain from it, though he cannot question its efficaciousness as a means of investigation.* Even in the middle of the eighteenth century, the learned and pious Muratori affirms his reverent belief in the miraculous con- victions recorded by the mediceval writers as wrought in this manner by tlie Judgment of Qod,* and he further informs us that it was common throughout Trausylvnnhi iu his time;* while in West Trussia, as late as 1)45, the Synod of Culm do- scribes it OS a popular abuse iu common use, and stringently forbids it for the future.* We have already alluded to the ' <Porro, nostrft memoria, paaoit abhino aDnU, tolebant JodioM noa nolefloii oeeuaatoi mergere, pro certo habentes inMrtuin orimen bao railuno pateflori.' — Notio ail Legom Bnlioam. * Taoquam aqua taum in slnum eot doh admitUroi, qui ezcossa baptUmI aqna, m omni illint saorameoti benaflelo altro orbaruni. — DamonologiiiD Lib. III. oap. Ti. ' Tuiittv orit ab eo absiloere, neqao refragator quod saspe per boo ientamon verilaa ozplorata fuit— Ditseri. loaug. do Torturii Tb. xviii. ^ xi. liaail. 1001. * Quibui in ezemplli ▼idea, aoae Deum acooromodaaao inUrdum ad boni- nnm piam fldem et prccoa.— Antiq. Ilal. DIuert. 88. * Bi vera aunt etiam quoB ioterdum audivi, in Tranay Wania, perdnrai adbno ezperimenium aciuoD ad dignoacendaa aagna, aive iooantalriooa uialeOcaa, qnarum iogooa oopia ibi Irnditur eaao.— Ibid. * Qui ex levi auapioione, in tuli oriuino deluiaa, neo oonfoaaaa, Doo eon- ORDBAL OF COLD WATER. 229 cinploymcnt of the wntcr ordeal by an Ilungnriaii tribunal nn late a8 the eighteenth century. Although, within the lost hundred years, it has disappeared from the authorized legal proccduies of Euroi)e, still the popular mind hos not as yet altogether overcome the superstitions and prejudices of so mnny nges, and occasionally in some benighted spot an outrage occurs to show us that mediieval ignorance and brutality still linger amid the triumphs of modem civiliza- tion. In 1815, Jlelgium was disgracotl by a trial of the kind \|K»rfornicd on an unfortunate \|)crson sus])ected of witch- craft; nnd in ]83(i, the populace of llela, near Dantzic, twice plunged into the sea an old woman reputed to be a sorceress, and as the miserable creature persisted in rising to the surface, she was pronounced guilty, and beaten to death.' Perhaps we may doss as a remnnnt of this superstition a custom described by a modern traveller as universal in Southern Russia. When a theft is committed in a house- hold, the servants are assembled, and a sorceress, or vorogeia^ is sent for. Dread of what is to follow generally extorts a confession from the guilty party without further proceed- ings, but if not, the vorogcia places on the table a vase of water and rolls up as man} little balls of bread as there are 8us\|)ectcd persons present. Then, taking one of the balls, she addresses the nearest servant — " If you have committed the theft, this ball will sink to the bottom of the vase, as will your soul in Hell ; but if you are innocent, it will float on the water." The truth or falsehood of this assertion is never tested, for the criminal invariably confesses before his turn arrives to undergo the ordeal.* Tielai, ftd tortarsf, rapernalatioiieiii aqminiiii, ei bUa orattRdM TortUtlf media, Undeni m1 Ipmin morUm eondemnar* . . . son Terentar, •zempU proh dolor! plnHma lesianlur. — Sjnod. Cutmenv. ei Pomesan. ftnn. 1745, f. T. (llarUheim. Concil. Oemien. X. 510.) ' KCnigiwsrIer, op. cU. p. 177. * IlarUveev, Ktadet lar la Runle. (Da Doj^, Droit Crimlnel det Peoptti llodemef, I. S50.) 20 S30 THS OKDSAL. The ordeal of the cross (judicium cthcm, siare ad crucem) wms one of simple endnranoe. The plmintifT and defendant, after appropriate religions ceremonies and preparation, stood with uplifted arms before a cross, while divine service was performed, victory being adjudged to the one who was able longest to maintain his ixwition.* The earliest aUii- sion to it which I have observed occurs in a Capitular^' of Pepin4e-Bref, in 152, where it is prescribed in cases of application by a wife for dissolution of marriage.* Char-'* lemagne appears to liave regarded it with much favor ; for he not only ftequently refers to it in his edicts, but, when dividing his mighty empire, in 806, he directs that all terri- torial disputes which may arise in the future between his sons shall be settled in this manner.* An example occur- ring during his reign shows the details of the process. A controversy between the Bishop and citizens of Verona, relative to the building of certain walls, was referred to the decision of the cross. Two young ecclesiastics, selected as champions, stood before the sacred emblem ft-om the com- mencement of mass ; at the middle of the Passion, Aregaus, who represented the citizens, fell lifeless to the ground, while his antagonist, Pacificus, held out triumphantly to the end, and the Bishop gained his cause, as ecclesiastics were wont to do.* When a person desired to discredit the compurgators of * A formaU for jadgmenU obUlDed in ibii maDner hj order of ooart. In caiaa of dispated iitlo to land, ooours In tho Formalu) Bignonianie, No. xii. * Bi qua mulier aa reclnmaverii quod vir suns nunquam eum en nianatssei, ezennfe inde nd cruoem, et si verum fuerit, tepnrentnr, et illn facini quod Tttlt.— Gnpit. Pippini ann. 762, \ ZTii. ' Si oauBsa Tel inWntio give eoniroTertin talis Inter partef propter ter- minoa ant confinia regnornm orta fuerit qniD hominum teetimonio deolarari Tel deflnirl non pOMit, tune Tolomus nt ad deolarationein rei dubiie, jndieio erucia, Dei Toluntoa et reruin Teritaa inqniratur. — Chart. Diviaion. cap. xIt. The allnaiona to it throughout the Capitulariea of thia monarch are very frequent; for inatance, Oepit. ann. 779, 4 x. ; Capit. it. ann. 803, \\ lii. tI. ; in U Longobard. Lib. ii. Tit. xxriii. i 3; Tit. It.J 25, eto. ' Ugheia; lUlia Saera, T. V. p 010 (a/». BaluL^Not. tA Libb. CapU ). ORDEAL or TnC 0R088. 281 nn Aflvcninry, ho had tho right to accuse them of perjury, and tho main question was then adjourned until this second- ary point was decided by this process.* In a similar spirit, witnesses too infirm to undergo the battle-trial, by which in the regular process of law tliey were bound to substantiate tlieir testimony, were allowed, by a Capitulary of 816, to select the ordeal of the cross, with the further priyilege, in cases of extreme debility, of substituting a relatiye or other champion, wliose robustness promised an easier task for the Divine interference.* A slight variation of this form of ordeal consisted in standing with the arms extended in the form of a cross, while certain portions of the service were recited. In this manner, St. Lioba, Abbess of Bischoffshcim, triumphantly vindicated the purity of her flock, and traced out the ofrtndcr, when the reputation of lier convent was imperilled by the discovery of a new-born child drowned in a neigh- boring pond.' The sensitive piety of Louis-le-D^bonnaire was shocked at this use of the cross, as tending to bring the Christian symbol into contempt, and in 816, soon after the death of Charlemagne, he prohibited its continuance, at the Council of Aix-la-Chai)elle ] an order which was repeated by his son, the Emperor Lothair.' Baluze, however, considers, with apparent reason, that this command was respected only in ' Si il1« homo cajai oaaia jamU faerit, dleertt volQerii qvod Hie q«l JttniTit p« pelenp perJarftiiMt, tUnt ad erveem. — Gaplt. Car. Mag. iBearii tBBi e. z. (tUrUhelm Coneil. GttitniiB. I. 486.) * Namqao ti debiltoret Ipfi iettat fViarini, tvne ad erneem czamlnoBiar. Nam 9i mnjoriii iDUiiii, ei non pomint ad ervMiu tiare, lone nittaoi avi t\Um aai \|«r«nlf<t, ant qnnlewanqae homfnei pofplni, qat pro th hoo Undaot.^ Ca\|iil. Lnd. Pll nan. 8IA, f I. (Keeardl L. Franeoran, pp. 183, 184.) ' Rodolph. FaldttB. VIUb 8. Llob« eap. zt. (Da CaBga, ■. t. Cntri» Jfttitrinm.) SaBeltan mi at nnUat delnee pi qaanUbei examiaatloBon omeU fhe^ra prfMaaiat, b« qaia ClirlttI papflono glorlflcata est, enJoiUbf I UmoritaU «ob« I^Biplai haheiitar.—Coneil. Aqnirgran. cap. xrH. * L. Longobard. tib. it. Tli. It. f .12. 232 THE ORDEAIi. the lUicnish provinces and in Italy, from the fact that the manuscripts of the Capitularies belonging to those i-cgious omit the references to the ordeal of the cross, ivhich are retained in the copies used in the other territories of the Frankish empire.^ Louis himself would seem at IcugUi to have changed his opinion ; for, in the final division of his succession between his sons, he repeats the direction of Oharlemagne as regards the settlement of disputed bound- aries.* The procedure, however, appears to have soon lost its popularity, and indeed never to have obtamed the wide and deeply-seated hold on the veneration of the people enjoyed by the other forms of ordeal. We see little of it at later periods, except the trace it has left in the proverbial allusion to an experimentum crucia. The ordeal of consecrated bread or cheese (Judicium offa^ pania conjuratio^ the corsnud of the Anglo-Saxons) was administered by presenting to the accused a piece of ' Not. ad Libb. Capit. Lib. i. cap. 103. Tbia doriTef additional proba- bility from tbe toxt cited iiumodintoly abovo, relative to tbe lubatitutlon of thl4 ordoal for tbe duel, whicb ii given by Rokhnrdt from an apparently contemporary roaiiuecript, and nvblub, as we bave seen, la attributed to Lonlt-le-Ddbonnaire in tbe very year of the Oounoil of Aix-la-CbapoUe. It ii not a limple Capitulary, but an addition to tbe Salique Law, which Invesli it with much greater Importance. Lindenbruok (Ood. Legam Antiq. p. 8S&) givei a different text, purporting likewife to be a supplement to tbe Law, made in 810, which prescribes the duel in doubtful cases between laymen, and orders the ordeal of the cross for ecclesiastical causes — "In Boelesi* ostiols antem negotiis.cruois judtuio rei voritas inquiratur' — and allows tbe same privilege to the * imbeoillibus aut InQrmIs qui pngnare son valent." Balnse's collection contains nothing of the kind as enacted in 810, but under date of 810 there is a much longer supplement to the Salique law. In whioh cap. X. presents tbe same genoral regulations, almost verbatim, except that in ecclesiastical affairs the testimony of witnesses only is alluded to, and the Judicium crwcit is altogether omitted. Tbe whole manlfesUy shows great confusion of legislation. * Chart. Divisionis ann. 837 cap. x. Tbe words used are Identical wilh those of Charlemagne, with the substitution of '* vexillocrucis" for "Jndieio crucis.' The word vexillum Is frequently employed in tbe sense of figunm or letlimoninm in ^ignature<« to diplomas. ^f DREAD. 288 ^rj of fearley) or of cheese, about an ounce in ,' over which prayers and adjurations had been pro- ji . . aced. After appropriate religious ceremonies, including the communion, the morsel was eaten, the eyent being de- termined bj the abUity of the accused to swallow it This dc\|>cndcd of course on tlic imagination, and we can readily understand how, in those times of faith, the impressive observances whicli accompanied the ordeal would affect the criminal, who, conscious of guilt, stood up at the altar, took the sacrament, and pledged his salvation on the truth of his oath. The mode by which a conviction was expected may be grnthered from the forms of the exorcism employed, of which a number have been preserved. "O Lord Jesns Christ, . . . grant, we pra/ thee, b/ th/ hoi/ nane, tbiil he who is gailtj of this crime In tlionght or in deed, when this erentnre of sancUfled bread Is presented to him for the proving of the tratli, let his throat be narrowed, and In thj name let it be rejected rather than devoured. And let not the spirit of the DotII prevail in this to snbTert the Judgment bj false appearftoees. Bot he who Is gniltj of this crime, let him, chieflj bj virtne of the bodj and blood of oar Lord which he has receiTcd In commnnioii, when he takes the eonsecrftted bread or cheese tremble, and grow pale in trembling, and shake in all his limbs ; and let the innocent qnletlj and healthfollj, with all ease, chew and swallow this morsel of bread or cheese, crossed In thy holj name, that all ma/ know that thoa art the Just Judge,'* &c.* And even more whimsical in its devout impiety is the following : — ^'O Qod Host nigh, who dwellest In Heaven, who through thj Trinitj and Uajeatj hast thj Just angels, send, O Lord, thj Angtil Oabriel to stick in the throat of those who have committed this theft, that the J maj neither chew nor swallow this bread and cheese created bj Thee. I Invoke the patriarchs, Abraham, Isaac, and Jacob, with twelve thousand Angels and Archangels. I invoke the four Bvan- ' Half ea oune, aeeording to a formela in a MS. ef tb« niatli eeatarj, priat«l bj Don 0«rb«rt (Patrolog. 138, 114S). Bioreismas penis hordeacci vel CMel. BhIqm, H. A55. 20* 234 TUB . gelista, Moltliew, Hark, Lake, and John. I into. vlio divided the aea. Tliat tliej maj bind to their tkroau tu^ of the men who have committed tliis tlieft, or consented tliert the/ taste this bread and cheese created bj Tiiee, maj tliej treiuble like a trembling tree, and have no rest, nor keep the bread and cheese in their months, tliat all ma/ know Thoa art the Lord and there is none other bat Thee I"* A striking illustration of the superstitions connected with this usage is found in the story related by most of the English chroniclers concerning the death of the pow- erful Qodwin, Duke of Kent, father of Khig Harold, and in his day the king-maker of England. As he was dining with his royal son-in-law, Edward the Confessor, some trivial circumstance caused the king to repeat an old accu- sation that his brother Alfted had met his death at God- win's hands. The old but fiery Duke, seizing a piece of bread, exclaimed : " May Qod cause this morsel to choke me if I am guilty in thought or in deed of this crime." Then the king took the bread and blessed it, and Godwin, putting it in his mouth, was suflbcated by it, and fell dead. A poetical life of Edward the Confessor, written in tlio thiiieenth century, gives a graphic picture of the death of the Duke and the vengeful triumph of the King : — ' Maratori, Antiq. Ital. Difsert. S8. * This aeooani, with animportsot variations, it given hj Roger of Wen- dover, son. 1064, Mattbow of Weatminstor, ana. 1064, tho Olironloles of Orojland, ann. 106S, Henry of Huntingdon, snn. 1063, and William of Ifalmosbnry, Lib. ii. eap. 1S\| wblcb shows that tho legend was widely spread and generally believed, aliboagh the Anglo-Saxon Cbroniele, snn. 1068, and Roger de Hoveden, ann. 1063, In mentioning Godwin's deatb, make no aUusion to its being eansed in tbis manner. A similar retieenee Is observable in an anonymous Life of Edward (Harleian M88. 686), p. 408 of ibo oolleotion in Rsr. Dritsnn. Soripi., and altbongb tbis is pcrbsps the best authority we have for the events of his reign, still the author's partiality for the family of Qodwin renders his evidenes in this rcspeot liable to suspioion. No great effort of soeptloism is requisite to suggest that Bdword, tired of the tutelage in which he was held, may have made way with Godwin by poison, and then circulated the story related by the annalists to a orodulous gensratioD. ORDEAL OVAffLEAV. 235 ^^"^ "^^Idiie • pftrole pert Par le morsel ki femi 8ii1iert. Hon est li seDglant f«lan ; Mat ont foree U benaleim, Ke dona a mors verto. Par QiM la mort proT6e fa, 'Atant se eeerle II rols, * Treles hors oen chen piiBois.* "> Tills form of ordeal never obtained the extended infln« once wliiHi eharneierizcd Roine of the otlier modes, and it seems to have licen chiefly conflned to tlie \|)opulntions allied to the Hnxon race. In England, Itefoits the Conquest, it was enjoined on the lower orders of the clergy,* and it may bo considere<1 as a iilclieian mode of trial, rarely rising into historical importance. Its vitalit}', however, is demon- strated by the fact that Lindenbrtick, writing in 1C13, states that it was then still in frequent use.* Almoin relates a story which, thongb in no sense judi- cial, presents ns with an instance of the same superstition. A certain renowned knight named Amustus unjustly oe- cupietl a pro\|)erty l)elonging to the Benedictine Abbey of Fleur3% Dining there one day, and boasting of his con- tempt for the complaints of the holy monks, he took a pear and exclaime<l — ^* 1 call this pear to witness that before the 3'ear is out I will give them ample cause for grumbling." Choking with the flrst morsel, he was carried speechless to IkmI, and mlHcrably \|>erishcd unhouscllcd, a warning to cvil-iloers not to tempt too far the patience of St. Beneclict.^ Tliese stories are by no means uncommon, and arc interest- ing as a picture of the times, when they were reverently rrcoived, and formed a \|)ortion of the annory by which the weak defended themselves against the strong. Somewhat ' LItm of Rdward the Oonrefior, p. 119 (Rer. Britaan. Soript). * I>ooaM of BthttlrH, ix. f 13; Cimt BeelM. Tit. t. * Allani ezamiiiti mod am, notlro etiamnaoo fmoalOi smpo nolo modo •HUiom. — Cod. Lefpim Anti4\|. p. 1418. * IH Mtrae. 8. Deii«dieil. Lib. i. e. t. 236 Tne^QBDBAL. Bimilar is an occurrence related about the ^oar lODO, when Duke Henry of Limburg was involved \n a quarrel with Engilbert, Archbishop of Treves, and treated the excom- niunication and anathema inflicted upon him with contempt. Joking upon the subject with his followers one day at din- ner, he tossed a fragment of food to his dog, remarking that if the animal ate it, they need not feel apprehensive of the episcopal curse. The dog refused the tempting morsel, thougli he manifested his hunger by eagerly devouring food given him by another hand, and the Duke, by the advice of his counsellors, lost no time in reconciling himself with his ghostly adversary. This is the more remarkable, as Engil- bert himself was under excommunication by Gregory YIT., being a stanch imi)erialist, who had received his see from Henry lY. and his pallium from the antipope Ouiberto.* In India, this ordeal is performed with a kind of rice called aalhee^ prepared with various incantations. The person on trial eats it, with his face to the East, and then spits upon a Peepul leaf. '^If the saliva is mixed with blood, or the corners of his mouth swell, or he trembles, he is declai'ed to be a Imr.''* A simplification of the ordeal of consecrated bread was the trial by the Eucharist, which indeed may be regarded OS bearing a similar relation to all the forms of ordeal, as its administration was invariably a portion of the prepara- tory ceremony, with the aw Ail adjuration, ^'May this body and blood of our Lord Jesus Christ bo a judgment to thee this day I" The general use of the sacrament to lend autliority and solemnity to transactions, and tlic binding force it was thought to give to treaties, agreements, and the testimony of witnesses, miglit seem to ieniOYe it in its simplicity Arom among the list gf ordeals proper, were it ' Getta TrttTerorum, eoDiinnaU i. (Pfttrol. 164, 1206-6.) ■ Ayeen Akbery, II. 408. THK KUOnARTST. 23t not Tor the flnpcrstition of tho age which believed that, when the conAccrntod wafer waa offered under appropriate invocations, the guilty conld not receive it, or that, if it were taken, immediate convulsions and speedy death, or some other miraculous manifestation, ensned. This is well illustrated by a form of exorcism preserved by Mansi: ^ We hund)ly pray thy Infinite Mi^esty that this priest, if guilty of the accusation, shall not be able to receive this venerated bwly of thy Son, cnicined for the salvation of all, and that what should be the remedy of all evil shall prove to him hurtful, full of grief and suffering, bearing with it all sorrow and bitterness.'" What might be ex- pected under such circumstances is elucidated by a case which occurred in the early part of the eleventh century, as rc\|)orted by Ilodolphus Glaber, a contemporary, in which a monk, condemned to undergo the trial, boldly received the sacrament, when the Host, indignant at its lodgment in the body of so perjured a criminal, immediately slipped out at the navel, white and pure as before, to the immense consternation of the accused, who forthwith confessed his crime.* The antiquity of this mode of trial is shown in its em- ploymcnt by Cautinus, IHshop of Auvergne, towards the close of the sixth century. A certain Count Eulalius was popularly accused of parricide, whereupon he was suspended from communion. On his complaining of thus being pun- ished without a trial, the bishop administered the sacra- ment under the customary adjuration, and Eulalius, taking * Balat. •! Miiiiii MiMeU. It. 575. * Lib. ▼. mp. I. 8oin«wbiit timlliir If tbe vtorj of a ToliiBleOT mirMie ▼oaehmfed Ia sn iiiichMU priest »l LindtifArntt, who bolng saddenlj ran- nonod to eelobrmto miin wltbont baring had time to parity hlntoir, when bo eamo U» partaho of Iho laoraiiioniol cap, »aw the wine change to an oiooodlng blacknow. Anor i«tme besiUtlon ho took it, and found it bitter to the lael degree. Ilnrrjing to hie biibop, he oonfeised his »in, anderwent peBanoe, and reformed bit life. (Roger of Wondorer, ann. 1051.) 238 TUK OBDBAL. it without lioraii was relieved from the imputation.* It was usually, however, a sacerdotal form of purgation, as is shown by the Anglo-Saxon laws,* and by the canons of the Councils of Tribur and Worms directing its employment, in all cases of ecclesiastics charged with crimes, to relieve them from the necessity of taking oaths.* Thus, in 941, Frederic, Archbishop of Mainz, publicly submitted to an ordeal of this kind, to clear himself of the suspicion of having taken part in an unsuccessfid rebellion of Henry, Duke of Bavaria, against his brother, Otho the Great* After the death of Ilenry, slander assailed the fame of his widow, Juthita, on account of an alleged intimacy between her and Abraham, Bishop of Frisingen. When she, too, died, the bishop performed her funeral rites, and, pausing in the mass, he addressed the congregation: ^^If she was guilty of that whereof she was accused, may the Omnipo- tent Father cause the body and blood of the Son to be my condemnation to Just perdition, and i)erpctual salvation to her soul I" — allcr which ho took the sacrament unharmed, and the people acknowledged tlie falsity of their belief.' So in 1050, Subico, Bishop of Si^oycr, cleared himself of a similar accusation at the Oouncil of Mainz, in the same manner.* Perhaps the most striking instance recorded of its admi- nistration was, however, in a secular matter, when in 869 it closed the unhappy controversy between King Lothair ' Oreg. Taron. HUt. Lib. x. oap. 8. * Doom* of Etholred, x. \| 20 ; Gnut. Bcolet. Tit. y. ' Can. Btatuit qooqtio. Oaufl ii. qu8S8t. y. — Ooneil. Voramt ftnn. 868, ean. 15. * Reginonii ContlonAt. Ann. 041. * Ditlimari CliroD. Lib. ii. * Hint. Arcbiep. Breinena. ann. lOSl. (Lindenbrog. Soript. SopUntHon. p. 00.) Lambttri. Sobofnab. ann. 1050. Anotbar aeoonni ofiba iraniaotion, boweTor, ttaUi tbat tbe bisbop! Jaw beoaine paraljiad in tba aei, * UrriAoo ■aeramanto Dominioi oorporlv,** and renainad in ibai oonditiun aniil bit daatb (Hartibeim Oonoil. Qaroian. III. 112). THE EUOnARIST. 839 and his wives, to whicii rcfcrenco hns been already made. To reconcile liimsclf to tlie Cliurcli, LoUiair took a solemn oath before Adrian II. that he had obeyed the ecclesiastical mandates in maintaining a complete separation from his pseudo-wife Waldrada, after whicli the pontiff admitted him to commnnion, under an a(\\|umtion that it should prove the test of his truthfulness. Lothair did not shrink from the ordcnl, nor did his nobles, to whom it was given on tlicir dcclnring that tliey had not aliettcd the designs of the concubine; but, leaving Rome immediately afterwards, the ro3'al cortege was stopixsd at Piacenza by a sudden epi- demic which broke out among the courtiers, and there Lothair died, August 8th, witli nearly all of his followers — an awAil example iicld out by the worthy chroniclers as a warning to future gonoratiouR, ^ for he who eats and drinks it unworthily eats and drinks his own condemnation." In this degradation of the Host to the level of daily life, there was a profanity which could hardly fail to disgust a reverential mind, and we are therefore not surprised to find King Robert the Pious, in the early part of the eleventh century, raising his voice against its judicial use, and threatening to degrade the Archbishop of Sens for employ- ing it in this manner, especially as his biographer informs us that the custom was daily growing in favor.* Robert's exam])le was soon afterwards imitated by Alexander II. who occupied the pontifical chair from lOCl to 1078.' The next poi)0, however, the impetuous Ilildebrand, made use of it on a memorable occasion, and in a manner productive of lasting results. When, in 1077, the unhappy Emperor Henry IV. had endured the depths of humiliation before ' R^gino, •nn. 869 ; Anna!. Dortiniftiii. " Boi lei a man •xamlne him- Mir, bmI to lot htm eni of that brmd and drink of that eap, for lia ilial eaUtli and drlnketii anworihUy, eaUlh and drinkelh daniDaUoa lo hlmtalf, not dto- Mrnlng Ike Ijords bodjr.— 1 Corinth. b1. 2S, S9. IlelKaldi BpUomo Vlire Roberti lUgia. ' Daalof , M^molra anr lea Kpranvei. 810 TnX ORDBAL. ike arrogant pontifTs castle gate at Gaiiosa, aud hail at length purchased peace by submitting to all the exactions demanded of him, the excommunication under which he had lain was removed in the chapeL Then Gregory, refer- ring to the crimes imputed to himself by the emperor's partisans, said that he could easily refute them by abundant witnesses ; ^* but lest I should seem to rely rather on human than divine testimony, and that I may remove from the minds of all, by immediate satisfaction, every scruple, behold this body of our Lord which I am about to take. Let it be to me this day a test of my innocence, and may the Omnipotent God this day by his Judgment absolve me of the accusations if I am innocent, or let me perish by sudden death, if guilty I" Swallowing the wafer, ho turned to the emperor, and demanded of him the same recitation of the charges urged against him by the German princes. Appalled by this uuex\|)octcd trial, Ilcury in an agony of fear evaded it, and, trembling, consulted hurriedly with his councillors how to esea\|)e the awful test. Finally ho declined on the ground of the absence of both his friends and his enemies, without whose presence the result would establish nothing; and thus, to avoid the present danger of his imagination, he promised to submit to a trial by the Imperial Diet. By this he lost the results so dearly bought by his sacrifices and humiliations, and perpetuated the civil strife, to put an end to which he had labored and endured so much.* ' lAinbart. Sohaffnab. •&!!. 1077. In •ttimating the minglttd powar of Imasination and oonsoUne* whioh rendered the proposal Inanpporiable to the emperor, we most allow for the inflaeneo whieh a man like Ilildebrmnd with voioe and eye oan exert over theae whom he wlahef to ImpreM. At an ear- lier f tage of hii career, in 1066, he improTieed a Terj effeetiTe apeelei of ordeal, when presiding as papal legate at the Coaneil of Lyons, assembled for the repression of simony. A guilty bishop had bribed the opposing wit- nesses, and no testimony was obtainable for his eonviotion. Ilildebrand addressed him : " The episeopal graee Is a gift of the Holy Ghoet. If, there- fore, you are innocent, repeat, ' Qlory to the Father, and to the Son, and to the Uoly Qhost !' ** The bishop boldly oommenced, •« Qlory to the Father, THB CUOnARIST. 841 Even ihns, liowover, he was more fortunate than Imbrico, Binhop of Atigshtirg, who, in the same year, after swearing fealty to Roclolph of Suabia, abandoned him and Joined tlio emperor. Soon after, while saying mass before Henry, to prove the foree of his loyal convictions, he declared that tlie sacrament ho was about to take should attest the riglit- cousness of liis master's cause; and the anti-imperialist cliron icier duly records that sudden disease overtoolc him, to lie followed by «i>ecdy death.* In the case of William, JUshop of Utrecht, as related by Hugh of Flavigny, the Eucharist was less an ordeal than a punishment. He dared, at the Assembly of Utrecht, in 1076, to excommunicato Gregory, at the command of Henry lY. ; but when, at the conclusion of the impious ceremony, he audaciously took the Host, it turned to fire within him, and, shrieking ^^ I burn I 1 burn P' he fell down and miserably died.* and to tlie Sov, and lb—' here his voiee biled him, he was nnable lo Snlsh the MQiener; and, eonfesiing the tin, he was depoMd. This aneedote rests on good anthoritj. Peter Daninnl states that he had It from Ilildebrand himself (0]Nise. xix. eap. vl.)i Aod Calizns II. was in the habit of relating it (Penii Bemried. Yit Greg. YII. No. II). ' Deraald. Constant. Chron. ann. 1077. Ifngon. Flavinlae. Chron. Lib. ii. ann. ]079.~Among the manifestations of belief in the niroenlons powers of the Host nay be mentioned the prae- tiee of throwing on a eonSagrotion the eloth need to eover the saored enp, In the eipectatioiRhat It would eztiognish the flames. This saperstltlon was pnflkiently Important to attract the reprehension and prohlblUon of the Cennril of Selingensladt In 1021. "Conqnentnm est ... do qnibnsdam stnltlr^lmis prevbyterls at qnando Ineendlnm rldeant, eorporalo domlnloo oorpore eonsecratvm, ad czUngnendnm Inoendinm tememrla prKsomptlone In Ignem projlclant. Ideoque deoretnm est sob anathematis Interdlotlono, no nllerlns flat.'— (Conell. Bellngens. eep. ▼! .) A less harmless belief In the vlrlnes of the body of oar Lord was shown daring the terrible perseontlon which reprrfed the rcllgloas movement of Germany In the seeond qaartor of Ibe Ihlrteenlh eenlnry. It Is grarely related that among the thonsands of anfortnnale heretics who expiated thrlr perTereeness at the slake, one poor wrelrh woald not born, and obttinal4»ly reninted the efforts of his torlnrers, nnlil Pome one bronght to Uie pile a holy wafer, when the nnbelloTer was promptly rednoed le a eindcr. (Alberlc. Trlom Fontiam Chron. ann. 1233.) 21 249 THS OBDXAL. The ordcul of tho lot left tlio cleciBiou to pure dialioe, in the hojio that Heaven would interpose to save tho innoeent and punish the guilty. We may assume tiiat this was extensively practised in Pagan times, but that, on the hitroiluction of Christianity, it gradually became obsolete, as the various modes of apiMsaling to the Deity, whidi aie described above, acquired inii)ortanco and threw the less impressive reference to the lot into insignificance. The only allusions to it occur in the ear- lier laws, and no trace of it is to be met with in tho subsequent legislation of any race. Mention of it is made in the Ripuarian code,' and in some of the earlier Merovin- gian documents its use is prescribed in the same brief manner. Indeed, as late as the middle of the eigiith century, Ecgberht, Archbishop of York, quotes from the canons of the Council of Ireland (probably that of A. D. 45G) a direction for its employment in cases of sacrilegious theft, as a means of determining the punishmetft to be inflicted.' On the other hand, shortly after, the Council of Calehuth, in England, condemned the practice between litigants oh a remnant of paganism.* No explanation is given of the details of the process by which this appeal to fortune was made, and I know of no contemporary applications by which its formula can be in ves- ' Ad ignem Mn ad tortem fe ezoatore student. — Tit. xxxt. \ 6. " Pact. Childeberii «t Cblotarii, ann. 603, \ 5. "'Et li dubietas est, ad •ort«m ponatnr." Also i 8 : "Si litns d« qao inealpatnr ad sortam ambu- lavarit." As in 4 ^ of tha same document the eettntm or bat-water ordeal is provided for freemen, it is possible tbat tbe lot was reserved for slaves. This, however, is not observed in tbe Deoret. Chlotarii, ann. 696, ( 0, where the expression, *6i de suspioione ineulpntur, ad sortem veniat,' is general in its application, without reservation as to station. * Bi quis furaius fuerit pecuniam ab aeolesia, mittatur sorv, nt ant ill ins manns absoindatur, aut in carcerem miUatur, din Jejunans ac gomens. — Bcgberti Kxcerpt. cap. Ixzxiv. (Thorpe, II. 108). * Audivimns etiam quod dum inter vos litigium versatur, sortes more gen- tiiium mittatia, quod omnino sacrUegium istis temporibus rcpatatnr — Cvno. Oalchnth. can. 10 (Bpelman, ConoU. Brit I. 300). Tns LOT. 248 ti<2:atGd ; bnt in the priraitivo Frisian laws there is described n singular ordeal of chance, which may reasonably be as- sumed to bear some relation to it. When a man was killed in a cimnoe-medloy and the murderer remained unknown, the friends had a right to accuse seven of the participants in the brawl. Each of these defendants had then to take the oath of denial with twelve coi^urators, after which they were admitted to tlie ordeal. Two pieces of twig, precisely similar, were taken, one of which was marked with a cross; ihoy were then wrnp]ied up separately in white wool and laid on the altar ; prayers were recited, invoking God to reveal the innocence or guilt of the party, and the priest, or a sinless 3'outh, took up one of the bundles. If it con- tainofl the marked fragment, the defendants were absolved ; if the unmarked one, the guilty man was among them. Knrli one then took a similar piece of stick and made a private mark upon it; these were rolled up as before, ]>1aoe<l on the attar, taken up one by one, and unwrapped, each mnn claiming his own. The one whose piece was left to the last was pronoiniced guilty, and was obliged to pay the wehr-gihl of the murder.* The various modes of eccle- siastical divination, so frequently used in the Middle Ages to obtain an insight into the future, sometimes assumed the shape of an appeal to Heaven to decide questions of the present or of the past.* Thus when three bishops, of Poitiers, Arras, and Autun, each claimed the holy ' Ifc FrMon. TU. xit. H 1, 1. Thli may not Improbably b« dorlrod from tho modo of diTlnfttloB praoUttd Among tho saolont Qormaiif, m doteribod by Toeitaf, Do Morlbvi Oormaii. oop. z. * Wb^B nmd for porpOMf of dlTlnlng Into ibo fataro, thofo praeiieof woro forbidden. Tbu m oarly m 46S tho Connell of Vaanof dononnood thooo wbo 'iinb nomino Selm rollglonli quM innolorvra forioi Tooant dlTlnAiionia fotontiftm prolUnlar, Mt qoAramenrnqao foripiarftram Inipootlono fttt«r» promliUnt/ nnd oil oeelMlastloa prtry to raeh proeeedlngi woro to bo ox- prHod from tbo obareh. (Conoll. Vonot. oan. ztI.) This oanon !■ topoalod la tho Oonnoll of Agdo In bM, wboro tbo praoiico la denovnood m ono ' qnod moilma idem ealholle» roliglonis Infeeiai.' (Cono. Agnibont. oan. xlll.) 244 TUK ORDKAL. relics of St. Lignaire, and hnnuin means were unavailtug to reconcile their pretensions, the decision of the Supreme Power was resorted to, by placing under the altar-cloth three slips with their respective names inscribed, and after a becoming amount of prayer, on withdrawing one of them, the See of Poitiers was enriched with the precious remains by Divine iavor.^ Somewhat similar in character was an appeal to heaven made by tlie pious monks of Abingdon, about the middle of the tenth century, to determine tlieir right to the mea- dows of Beri against the claims of some inhabitants of Oxfordshire. For three days, with fiisting and prayer, they implored the Divine omnipotence to make manifest their right; and then, by mutual assent, they floated on the Thames a round buckler, bearing a handful of wheat, in which was stuck a lighted taper. The sturdy Oxonians gaped at the spectacle from the distant bank, while a deputation of the more prudent monks followed close upon the floating beacon. Down the river it sailed, veering Arom bank to bank, and pointing out, as with a finger, the various possessions of the Abbey, till at last, on reaching the disputed lands, it miraculously left the curicnt of the stream, and forced itself into a narrow and shallow channel, which in high water made an arm of the river around the meadows in question. At this unanswerable declBion, the Baldrio. Lib. i. Chroo. Camermo. eap. SI. (Du Caogo, i. t. Sort,) — In ihii the bbbopi irw guilty of no cootrftvoniion of ocoloiiMtioal rnlos. That f nob irUI« woro allowed by ftbo canon law, wben properly oond noted for ap- . propriate purpoeef, it tbown by Oratlan. Deoret Cam. S6, q. 2, ean. 3, 4. Tbe moti extraordinary application, however. Is that by whioh, under the Spanish Wislgothf , episcopal elections were sometimes decided. The seoond Connoll of Baroelona, in 699, directs that two or three candidates shall be chosen by the clergy and people, and from among these the metropolitan and snifragan bishops shall select by lot, ' qnem sors, pneunte eplsoopornm Jejnnio, Christo domino terminante, monstraTcrit, benediotio oonsecrationis acpnmulet." — (Ooncll. Baroinon. II. oan. 4.) This is evidently suggested by tbe election of Matthias (Acts, I. 26). ORDEAL OF BLOOD. 246 people with one nceord shonted "Jus Abbendonioe, Jus Abl)eiuloniie I" and so powerful was the impression pro- duced, timt the wortliy chronicler assures us that thence- fortli neither king, nor duke, nor prince dared to lay claim to tlic lands of Beri; showing conclusivelj the wisdom of the abbot wlio preferred thus to rely upon his right rather than on mouldy charters or dilatory pleadings. As administered in India, the ordeal of chance consists in writing the words flhcrcm and adlwrem on plates of silver and lead resix^ctively, or on pieces of white and black linen, which are placed in a vessel that has never held water. The party on trial draws out one of the pieces, and if it proves to be " dherem^^ he gains his cause.* The su]ierstition that, at the approach of a murderer, the 1>ody of his victim would bleed, or give some other manifestation of recognition, is one of ancient origin, and in some countries it has been made a means of investiga- tion and detection. Shaksi)eare introtlnces it in King Richard III., where Oloster interrupts the fVmeral of Henry y I., and Lady Anne exclaims : ** gentlemen, see, nee t dead Henrjs wonndi Open their eongealed montlis, and bleed afresh." The story is well known which relates that, when Richani €aur-<le-Lion hastened to the funeral of his father, Henry It., and met the procession at Foutevraud, the blood poured from the nostrils of the dead king, whose cm\ ho had has- tened by his disolK»dionre and rel)clllon." The Iwlief in this, OS also in the ordeal of lire, is well illustrated in the ballad of "Earl Richard," given by Scott in the "Min- strelsy of the Scottish Border." * nirt. MettMl. d« Abingdon Lib. i. (lUr. Brit M«d. JBtI Seripi. Vol. L p. S9). * AjMn Akhwj, II. 49S. Thif ordoal li aUowtd for all the font eartee, Brabmlnp, Kebatrjaa, VaUya^, iind SoAdrap. * llAgr do llovedon, ann. 1 189 ; Ilogor of Woadorer. 21 246 THE ORDKAL. " < Put na Uie wita on me,' the said ; ' It waa my may Catherine.' Tlieu ihbj bae cut baitli feru aud tborn, To burn tbat maideu in. " It wadna take upon ber oheik, Nor yet upon ber obin ; Nor yet upon her yellow hair, To oleanse that deadly Bin. '* Tlie maiden touched tbat clay-oauld corpse, A drap it never bled ; The ladye laid lier hand on him, And soon the ground was red." King James I. patronized this among the other super- stitions to which he gave tlie authority of liis regal appro^ bation ;■ and in the notes to the above ballad, Scott quotes some curious instances of the Judicial use of the belief, even as late as the seventeenth century. In 1 Gil, suspicion arising as to the mode by which a person had met his death, the body was exhumed, and the neighborhood sum- moned, to touch it, according to custom. The murderer, whose rank and position placed him above suspicion, kept away ; but his little daughter, attracted by curiosity, happened to approach the corpse, when it commenced bleeding, and the crime was proved. In another case, which occurred in 1687, the indictment sets forth that blood rushed from the mouth and nostrils of the deceased, who had been found drowned, on being accidentally touched by his son ; and the latter was convicted and executed, although there was little other evidence against him except a generally bad character. The extent to which the super- stition was carried is shown by a story of a young man, who quarrelled with a companion, stabbed him, and threw the body into a river. Fifty years passed away, when a bone chancing to be fished up, the murderer, then an old ' Nam at in bomioidio oecalto Mnguli • eadarere, tangonte bomicida, erumpit, quaai oielittii puaoeni ultionom. — ^D^monologiiB Lib. in. o. vi. ORDEAL OF BLOOD. 247 nuAiiy happened to touch it, and it streamed with blood. Inqitirhig wlicre it had been found, he recognized the relic of his crhnc, confessed it, and was duly condemned. Wo may trace a more poetic form of this superstition in the touching legend of the welcome which the bones of Abe- lard gave to Ileloise, when, twenty years after his death, she was consigned to the same tomb. Although there is no allusion to this custom in any of the primitive Leges Barbarorum, nor even in the German municipal code of the thirteenth century, yet it was Judi- cially employed there until the sixteenth century, under the name of ^^ Bahr-recht" Thus in 1324, Reinward, a Canon of Minden, was murdered 1>3' a drunken soldier, and tlie crime was brouglit home to the peri)etrator by a trial of this kind; and about the year 1600, Bishop Bins- fcld sficaks of its occurrence as an indubitable fact* In 1502, however, tlie learned Jurisconsult Zaiiger, after citing numerous authorities on both sides, concludes that it is not evidence sufllcicnt even to Justify the application of torture.' A variation of it, known as " Scheingchen," was practised in the Netherlands and the North, in which the hand of the corpse was cut off, and touclied by all sus- IMHttcd persons, witli protestations of innocence, and when the guilty one came, it was expected to bleed.* The vitality of superstition is well illustrated by the hold which this belief still maintains over the credulous minds of (he uneducated. Even in 1800, tlie Pliiladelphia Journals mention a cose in which the relatives of a do- cease<l \|iorson, suspecting foul play, vainly importuned the coroner, some weeks after the interment, to have the body ' ftwarlU ChroB. OUbergoni. 4 iItU. (PanUlnl Aniiq. OtrmMi. 870- * Trad. <!• ConrMf. Malelle«r. Dab. it. Coneloi. 8, Prtlad. II {ifp, RlrkU 4 A3)* ' KanKeri Tmet cl« QafMlionlbas cap. 11. No. I GO. ' KclnigiWftrUr, op. tit. p. 183. 818 TnS OBDBAL. exhumed, in order that it might bo touched by a ixsrson whom they regarded as concerned in his death.' /" We may even include among ordeals the onlinary pur- ^ ^ gatorial oath, when administered uiK>n relics of ])cculttur < sanctity, to which the superstition of the age attributed / the power of punishing the perjurer. Thus the monks of ^ Abingdon boasted a black cross made from the nails of the crucifixion, and said to have been given them by the Em- peror Oonstantine, a false oath on which was sure to cost the malefactor his life ; and the worthy chronicler assures us that the instances in which its miraculous power had been triumphantly exhibited were too innumerable to spe- cify.' In the Middle Ages, these dangerous relics were common, and however we may smile at the simplicity of the faith reposed in them, we may rest assured that on many occasions they were the means of eliciting confessions, which could have been obtained by no devices of legal sub- tlety according to modern procedures. Though not legally an ordeal, I may refer to a practice cognate in its origin as an ap\|)cal to IToaven to regulate the amount of punishment requisite for the expiation of a crime. One or more bands of iron were not infrequently fastened round the neck or arm of a murderer, who was banished until by pilgrimage and prayer his reconciliation and par- don should be manifested by the miraculous loosening of the fetter, showing that soul and body weix) each released from their bonds.' A case is related of a Pole thus wandcr- ' PhiU. Dalletin. April 10, 1880. * Sanota eolm ai1«o uI, ut nnllui, JurMnento raper earn pr»8iito, Impiin* . •i line perieulo Tita warn ponii aiBrmar* meodaoiam. — Hlat Monast Abiog. Lib. I. 0. xil. (Ror. Brii. Seripi.) * Frairioidas aat«m el parrioidaa •!▼« saeerdoiaiii loUrfooiorai .... per manum eft Tentrem ferratoe de regoo ejioiaft nt ioiftar Oain jogi et proftigt «lrotteaiift terrain.— Leg. Brncilal Bonmor. (Aonal. Bazo, ann. 1030). Bo IRREOULAB ORDEALS. 249 iiifr with A circlet tightly dnspcd to each arm. One foil iK'foro the intercession of St. AtlallMsrt, the apostle of Prussia, but the other retained its hold until the sinner came to the shrine of St Ilidnlf near Tout. There, Joining in the worship of the holy monks, the remaining band flew off with such force that it boinule<l against the opposite wall, while the pardoned criminal fell fainting to the ground, the blood pouring from his liberated arm: a miracle gratefully recorded by the spiritual children of the saint* Equally melodramatic in its details is a similar instance of an inhabitant of Prunay near Origins, laden with three iron bands for fratricide. His weary pilgrimage was lightened of two by the intercession of St Peter at Ilome, and the third released itself in the most demonstra- tive manner, through the merits of St Bertin and St Omer.* If the legend of St Emeric of Hungary lie true, the Po]xs himself did not dlsdnin to prcscril)e this ordeal to the criminal whose miraculous release caused the immediate canonization of the saint by a s3'nod in 10)3.^ The spirit of the age is likewise manifested in an appeal to neaven which terminated a quarrel in the early part of the twelilh century between St Gerald, Archbishop of Ilracara, and a magnate of his diocese, concerning tlio / patronnge of a church. Neither being inclined to yield, at \ length the noble prayed that Ood would decide the cause > by not ])ermitting the one who was in the wrong to live bcj'ond the year, to which St. Gerald assented ; and in six ^^ »lo a cf nlary MrUer for th« marder of • ohlef. — ConoU. SpftUtonfl. mib, 927. can. 7 (BaUbyiinl. I. 331). Do Bttee«f9orlbtti B. Ilidalll cap. itIH. (Pairolog. 138, p. 118). A •imiUir eoM alUattd the ranoiiiy of 61. MMiaelns (ViL B. Maaioott Lib. , II. o. 17— Miirtrao oi Durond. III. 1025). * PoleonU Miroe. S. Derlln. Lib. i. e. 4. * Bollhyoni, J^gg. EeclM. Hang. T. I. p. 413. Cf. alto MIrao. B. Bwlihanl. 0. H. 4 32.— Mlrae. S. Tronif o. 21 (Patrol. 165, pp. 78, 91). Varioni otbor inatanoot may bo fuond In Mnralorl, AnUq. MH Mv\ V\m. 23. Cbarlo- moKiio ae^mt to hare eonvlflored It a deeepllon to bo reatralsod bj law.— Car. Mag. fap. i. ann. 789, \ Ixitll. 250 TUB OaDSAL. months tho death of tho unhappy uoblo showed hov dan- gerous it was to undertake such exix^riments with a saint.^ Tho various poison ordeals in use among the savage tribes of AMea and Madagascar have already been alluded to. In India, the same custom is preserved for the un- fortunate caste of the Softdras. A specified quantity of deadly poison, varying with the activity of the aiticle administered, is mixed with thirty times its weight of gliee or clarified butter. The patient takes it with his face to the North, and if it produces no effect upon him while tho bystanders can clap their hands five hundred times, he is absolved, and antidotes are at once given him.* Having thus described the various forms in which the common principle of the ordeal developed itself, there are some general considerations connected with it which claim brief attention. It was thoroughly and completely ajndi- cial proflfl flgt ordained by the law for certain cases, and carried out by the tribunals as a regular form of ordinary procedure. From tlie eiu'licst times, tlio accused who was * ordered to undergo the trial was comi)cllcd to submit to it, as to any other decree of court. Thus, by the Salique law, a recusant under such circumstances was summoned to the royal court ; and if still contumacious, he was outlawed, and his property confiscated, as was customary in all cases of contempt.' The directions of the codes, as we have seen, If * D^rnald. Vit. 8. Gerald. OAp. zy. (Dalai, ei ManBi I. 134 ) * Ayeeo Akbery, XI. 497. * That ihifl was a Beiiled pra«Uoo Is iboim by Iti exiitenoe in tiia •arliott text of the law (Tit. lvi.), as weU aa io the latest (L. Emend. Tit. lix.). It is therefore dtffionlt to understand how Montesquieu oould have overlooked it, when, in order to establish his theory that the original Prankish institu- tions admitted no negative proofii, he asserts with regard to the ordeal that ** Oette preuye 4toit une ohose de convention, que la lol souflTroit, mais quoIle n'ordonnoit pas" (Bsp. des Lolx, Lib. xxviii. chap. 16) — a statement oon- tradioted by all the monuments, historioal and Juridical, of the period. Uis only proof is a somewhat curious custom of the Sallen Franks, to which reference Is made below. RB0ULATI0N8 OF TUB ORDBAL. 851 arc p:cncmny precise, and admit of no alternative.^ Occa- sionallyi liowevcr, a privilege of selection vrns afforded 1)etween this and otiier modes of compurgation, and also betircen the various forms of ordeal." The circumstances under which its employment wAs ordered varied considerably with the varj'ing legislations of races and epochs ; and to cuter minutely into the ques- tion of the power of the court to decree it, or the right to demand it by the npiKllant or the defendant, would require too much space, C8\|iccially as it has already been discussed at some length with regard to the kindred wager of battle. Sufllcc it to say, that the absence of satisfactory testimony, rendering the case one not to be solved by human means alone, is frequently alluded to as a necessary element and indeed we may almost assert that this was so, even when not six'cifioally mentioned, as far as regards the dis- cretion of the tribunal to order an ap^Hsal to the Judgment of Qod. At the same time, a law of King Ethelred seems to indicate that the plaintiff might require his adversary to submit to it, and numerous examples among those cited above authorize the conclusion that an offer on the ' SI anfogwit ct ordaUniii ylUTerli, polml plegiat eonipensBU eaptale ranm •! regi wtnmi nMn, toI it qui irita ia» dlgniu •rii. — L. CnvU 600. eap. xti.-»8«0 alio eap. iH. * Bi •llgut McaiAiBB ftltenttniiii quod t«III, tWo tlmiilex ordaliani, flT* J««JnrftBdani anioi llbr^ \n trlbai bandredli laper xzz. d«ii. — L. Henrksl I mp. LXT. 4 .1. By th« monicliml codes of Gtrmany, * choice bolweon Ibo mrlonf forma of ordpftt wai pomeUmet allowad to iho aecaaed who wm mb- Unccd lo nndergo it.— Jar. Provln. AIbbimi. cap. juutII. \\ lb, 16 ; Jar. rroTln. Saxon. Lib. 1. Arl. 99. ' 81 corU probaUo bob fberlt— L. Sal. Tit sir., zri. (MS. Qaeirerbyi.) Tbo MiBio la foand Ib Ibo Pact. CblldobertI ot Chlotoril 4 6— Deorot Chlo. Urii II. bbb. 695, 4 6.— Capii. Carol. CaItI» miii. 670, eap. S, 7.— Coatl Coiiatlt. do Foroata 4 11: '8«l porgailo igvla BttllaloBaa admlUatar bUI abl Bvda reriUi n««i«li alitor iBToatigarl." Farther Inataneei are hardly BoedocI, aa the mme limitation oconra in manj of the laws qnoted aboro. Bi omnia acooaaior toI qal allam Impel li. babrai opilonem qald toIII, giro Jtttllclam aqae Tel ferri . . . et ti faglei (a^caaatop) ab ordalio, roddai oa« plegiaa wera aaa.*— Eihelr. Til. tii. e. ▼!. (Thorpe II. 616.) 852 XnS OBDBAL. part of tlio accused was rarely refused, even when lUero ^ was strong evidence against him, tliough this laxity of ^ practice was occasionally stoutly objected to.' When the ^'^ custom was declinuig, indeed, a disposition existed to / require the assent of both parties before the tribunal would (^ allow a case to be thus decided.' In civil cases, we may assume that absence of testimony, or the consent of both parties, was requisite to its employment.* The comfort which the system must have afforded to indolent Judges in doubtful cases is well exhibited by a rule in various ancient codes, by which a man suspected of crune, even * Tboi in tli0 loAlandlo code — ** Qaodai rem ferram eand^oi m g9nn yello obiuUrit, boo minimo itrJioUinr."— Grigtfa, Boot ri. o. 83. So in tbe Uwi of Drugoi in 1190 (f 81), wo And ibo aooosod allowed to oliooso botwoen tbo rod-bot iron and a regular inquei t — ' Qui do palingia inpetitnr, si ad jadioiam ardentii ferri renire nolnerit, Toritatem oomitis qnalem melius inper boo invoniri potorlt, aooipiet' (Warnkiinig, IlUt. do la Flond. IV. 872)— ihow. ing tbat It was oonildered tbe moet abiolute of testimony. And in a oonsti- tntion of Frederlo Barbarossa '8i miles rustlonm do violata psoe pnlsaTorlt .... do dttobus unnm rustlous ellgat, an divino ant liawano judioio iuno- oentbim suam ostendat"— Feador. Lib ii. Tit zxvii. f 8. Tbus an anonymous eeoleslastio, in an episUo quoted by Juretns (Ob- sorrai. in Ivon. Carnot. Kplst. 74) — '* Simonlaei non admittuntur ad judi- oiuro, si probabiles persons, etiam laloornm, Tel femlnarura, pretium se ab eis rcoipisse testantur ; neo allud est pro manifestis Tonire ad Judicium nisi tentare Dominum." Vy^Dnellum Tel Judicium oandentis ferrI, toI aqus» ferrentit, Yel aliaeanonl* bus Tel legibus Improbata, nullomodo in ouria Montispessulani rata sunt, nisi ntraque pars oonTonerit. — Statut. Montitpess. ann. 1204 (Du Gauge). * Si aooolis do neutrins jure oonstat, adeoque bao in re testimonium dieoro non queant, tum Judicio aqusB res deoidatur. — Jur. Provin. Alaman. eap. eclxjiviii. f 6. — Poterit enim alteruter eorum petere probationom per aquam (wasser urteyll) noc Dominus nee adTorsarius detreotare posslt ; sed non, nisi quum per testes probatio fieri nequit. — Jur. Feud. Alaman. eap. Izzvii. f 8. " Aut Teritas reperiatur do bocper aquatienm l)ei judloium. Tamen jndi- oium Dei non est lioltum adliiberi per uUam oausaro, nisi cnjus Toritos per justitiam non potest alitor reperiri, boo terminabltur judicio Dei." — Jur. Feud. Saxon. \ 100 (Senolcenberg. Oorp. Jur. Feud. German, p. 849). — So, also, in a later text, "Judicium Domini fervida aqua yel ferro non lioet in causa aliqua ezperirl, nisi in qua modis aliis non poterit Torilas indagari.' —Cap. zxlv. i 19. (Ibid. p. 387.) PLAIMTIVr 8UBJK0TBD TO TDB ORDEAL. 258 though no Accuser caino forward, was thrown into prison And kept there until he could prove his innocence by the onlcal of water. Wo have seen aboye occasional instances in which the accuser or plaintiff offered to substantiate his veracity by an a])iieal to tlie ordeal. Tliis was an established rule with regard to tlie wager of battle, but not as respects the other forms of tlie Judgment of Qod, which were regarded rather as means of defence than of attack. I have met with but one iustan<e of general instructions for their employment by tlio accusing ]mrty. Archbisliop Hincmar directs that cases of complaint against priests for dissolute life shall lie supportcil by seven witnesses, of whom one must sub- mit to the ordeal to prove tlie truth of his companions' oatlifl, as a wliolcsome clieck ujion perjury and subornation. With a similar object, the same prelate likewise enjoins it on compurgators chosen by the accused, on his failing to obtain the support of those who had been selected for him by his Judge.' Allied to this was a rule for its employ- ment which was extensively adopted, allowing the accused the privilege of compurgation with conjurators in certain cases, only requiring him to submit to the ordeal on his failing to procure the requisite number of sponsors. Thus, in 704, a certain Bishop Peter, who was condemned by the Sj'nod of Frankfort to clear himself, with two or three ■ £ublifMm0iite de NormsnaU. Tit d« PrUon (fA. ManiUr). PfmImIj •imUar to thii wm % reicvlnilnn in ih0 •mrtj DohemUn lawi. — BnellAt LfffCM. (r»lr«l. Iftl, 135S-9.) And an ftlmott idtniieal proTlsion ii found in the Anslo-Siixon jari«pnideno0. — L. Cnnil 6««. e«p. zxzt. — L. Honrio. I. onp. Ixi. 4 6 — 8«t, nl«o, AMlaat de Jeininleai, BaIiim Coari, mHx. * Bi, ezeeptif McnnitoribM, Mpiem tint UpUi idonel, qni ind« TeriU- torn per nenuneninni dleani, ex qnlbni pex jnrenl, tt leptlniai, id eonditio Tel qnnllUii peraonm permlUli, ad Jodlelam exeat qnod lUI ex TeriUla inda per aa«ramentttm dixernnt ; qola moUl Jam deprehenel ipnd nm babentnr, q««nlani pretlo eondaetl aa perJnrareraDt.— lllacmari Caplt. Sjnod. aaa. Ml, II. xxi. ' llincmari K\|»iiit. xxxIt. 23 254 THE ORDEAL. conjurators, of tho suspicion of complicity in a conspiracy against Cliarlemagne, being unablo to obtain thein, one of his vassals offered to pass through the ordeal in his behalf\| and on his success the Bishop was reinstated.* That this was strictly in accordance with usage is shown by a very early text of the Salique Law," as well as by a siuiilai* pro- yision in the lilpuarian code." Among the Anglo-Saxons it likewise obtained, ftrom the time of the earliest allusion to the ordeal occurring in their Jurisprudence, down to tho period of the Conquest.* Somewhat similar in tendency was a regulation of Frederic Barbaros.sa, by which a slave suspected of theft was exposed to the red-hot iron, unless his master would release him by an oath.* Occasionally it was also resorted to when the accused was outsworu, after having endeavored to defend himself by his oath or by conjurators. Popular belief might give to the accuser a larger number of men willing to associate themselves in the oath of accusation than the defendant could find to Join him in rebutting it, and yet his guilt might not ns yet 0^ be clear. In such cases, the ordeal was a most convenient i/^ resort.* /^ These regulations give to the ordeal decidedly the n8\|Kct /y of punishment, as it was thus inflicted on those whose guilt J was so generally believed that they could find none to / stand up with them at the altar as partakers in their oath ' 0«pU. Oar. Mig. Ann. 704, f 7. * Bo Jnratorei non poiutrU inTenir«, aoi ad Ineniii ambntat aal, ate. — MS. Uuolferbyt Tit. ziv. ' Quod f i . . . . Juratorai Invenire non potuarii, ad Ignom aea ad aortan aa axonaara aUdaat. — L. Ripuar. Tit. xxxi. f 5. * Dooma of Bdward the Elder, cap. ill. So alao to the lawa of William tho Conqueror, Tli. i. cap. ziv. — "SI leii eeoundira aei duaime main. B »i II auer net pot, al len defende par Julie.' The collection Icnown by the name of Henry I. baa a siiuilar proviilon, cap. Ixvl. f S. ' Bl •arrui aliquia culpatui non In furto fuerli deprehenauf, •equanto die ezpurgablt te judioio Igniil ferri, Tel dominui Juramentuu pro ao praratabli. — Radovio. da Reb. Frid. Tiib. i. cap. xzvl. Concil. Tribur. ann. 895, o. xxii. U8KD AS A rUNISTIMBNT. 255 of (IcninI ; niifl tliift is not iho only circumstance wliicli Icailn us to l)clicvc timt it was freqnontl}' so rcgnrdecl. The grmlimtcd sonle of single and tri[)le ordeals for oflTences of <1int'ront magnitudes is so totally at variance with the theory of niiraonlons interposition to protect innocence and punish guilt, that we can only look upon it as a mode of inflicting graduated punishments in doubtful cases, thus holding up n certain \|)eualty in (errorem over those who would other- wIho Iioj»c lo escn\|)e 1»3' the secrecy of thoir crime — ^no doubt wUh a comforting conviction, like that of De Montfort'e priestly adviser at the sack of Hczicrs, that Heaven would know its own. This same principle is visible in a provision of the charter of Loudun, granted by Louis-le-Oros in 1128, hy which an assault committed outside of the liberties of the commune could l)c disprove! by a simple sacramental nnlh ; but if within the limits of the commune, the accused was obliged to undergo the ordeal. Further evidence is afrorded by the principle, interwoven in various codes, by which a first crime was defensible by eonjurators, or other means, while the "tiht-bysig" man, the "homo infamatus," one of evil repute, whose character had lieen previously compromised, was denied this privilege, and was forced at once to the hot iron or the water. Thus, among the Anglo- Saxons, in the earliest allusion to the ordeal by Edward the Elder, it is provided that perjured persons, or those who had on(e Ik^cu couvictcd, should not be deemed therealler oath- worthy, but should Iw hurried to the ordeal ; a regulation rc\|Nalcd with sonut variations in the laws of Ethel red, Cnut, nud Henry I.* The Carlovingian leginlation establishes a similar principle,* and the Council of Tribur, in 895, shows ' C1i«rt Comamii. lAmlan. (nnlai. •i Mantt IV. p. SO.) * Ul d«iiice\|Mi 1IOB tini dlgnl Jaraiiioiiio —d ordaUo. ~ Legg. BdwArdI eft\|». Ut. ; Rlh«lredl e«p. 1. fl i Cn^tl S««al. eap. xxU , xxx. ; Ilenricl I. wp. IxT. 4 3. * CapU. Car. Mag. i. ann. ftOO, cap. zx\Hi ~C«iii. LodoT. PH. I. anii. SID. 256 TUB OIIDKAL. it to be Btill in force. Three centuries later, tlie IcgiHlatioii of Flanders shows the same tendency, the code granted to Bruges in 1190 providing that a first accusation of tlicfk should be decided by witnesses, while a second was to be met by the cold-water ordeal.* In the German municipal law of the thirteenth century, the same principle is observed. An officer of the mint issuing false money was permitted the first time to swear to his ignorance, but on a second oflfeuce he had to submit to the ordeal ; and it was similarly en- Joined on those who had become infamous on account of a previous conviction of theft." The contemporary jurispru- dence of Spain has a somewhat similar provision, by which a woman accused of homicide could not be exposed to the ordeal, unless she could be proved Xitterly abandoned, for which a curious standard was requisite,* and this is the more remarkable, since by the same code a procuress was forced at once to the red-hot iron to prove her innocence. In the legislation of Charlemagne, there is a curious pro- vision, by which a man convicted seven times of theft was no longer allowed to escape on payment of a fine, but was forced to undergo tlie ordeal of lire. If ho succunilied, he was put to death ; if he escai)cd unhurt, he was not dis- ' Nobllis homo tcI ingooaas .... oom dnodeoim ingooiils m oxparfot. St aatoa doprehomai fuerlt in farto Tel porjarlo Aui fkUo Uttimonlo f«rTenti aqaa aut o»ndoDli ferro m expuigot — DttrohArdI D«oroi. Lib. xyt. cap. 19. * Koart de la Ohi^tollenie do Bruges, f 28. Quodii poitmodnm do ftirto inpetiiai yenerlt, purgabli le jadloio frigidu) nqum In iiio oorpore Untum. — (Warnktfnlg, Ilisi. do la Fland. IV. 371.) ' Jar. ProTio. Alaman. oap. cIzzxtI. ff 4, 6, 7; cap. oooIzxIt. ; Jar. ProTin. Bazon. Lib. i. Arl. SO. So, alio, in the foartoonth eeniary, ibo '* Tir famo iniegr»" oleared himieir Jnrainenio taper rellqutif laootorum pmsiito," while, after a firit offence porgart le earn debero porkatione ferri eandeniie, rel immiMione braohii aaqae ad enbltum in aqaam fenren- tem, Tol tandem eertamlne •ingalarl, pronuneiatar." — Rlchitleh Landrecht, eap. HI. * SI non faero proTada por male, qae eya yasldo eon oinoo omet. — Fuero de Baefa (Villadiego, Fuero Jasgo, fol. 817 a). USED AS A TORTURE. 257 charged ns innocent, Imt his lord was allowed to enter bail for his fiitnre good l)clmTior' — a mode at once of admin inter- ing punishment and of ascertaining whether his death would he ngreeablo to Heaven. When we thus regard It as a lienalty on those who by misconduct had forfeited the con- fldcncc of their fellow-men, the B3stcm loses part of its absurdity, in proportion as it departs from the principle uniler which it was established. There is also another as^iect in which it is probablo that the ordeal was viewed by those whose common sense must have shrunk firom it simply as an appeal to the Judg- ment of God. There can be little doubt that it was fre- quently found of material use in extorting confession or unwilling testimony. By the early codes, as in the primi- tive Greek and Iloman law, torture could be applied only to slaves, and the ordeal was a legalized torture, applied under circumstances i)eculiarly provocative of trutlu' In those ages of faith, the professing Christian, conscious of guilt, must indeed have been hardened, who could undergo the most awful rites of his religion, pledging his salvation on his innocence, and knowing under such circumstances that the direct intervention of Heaven could alone save him from having his hand lK>iled to rags," alter which he was to meet the full punishment of his crime, and perhaps in addition lose a member for the perjury committed. With * Ciipil. Car. Muf. tit. Ann. 81 3» onp. 4S. * Tli0 H<»M r^Ulionyhlp btiween tome formf of ih^ oHmI mnd torinr* li •tempilllrfl In the re\|;tiliiUoni whtelt freqnenUy •nnbled Ike TrMmnn tool«iir hioMvir of ftMavnUont by eompargniion, while the flaTo wm reqnirwi to •nderKO the orflenl. B—, Tor in»(anee, Concil. Movant, iinn. R47, omi. ixIt. ' The MTerilj of the oHml, when the inSerer hivl no frlenite amens ibe AfieretArfl lo tave him, may be cle«lare<l from the (lewrlitiion of a haml when MraMtl from Ite three flays* tying np after Ita plnnice Into hot water ; '* In- Sataw ailmmlnm ct eieoriatam panie<\|ae Jam f arn^ pntrida efllae ntrm Hex- leram inriltiP mlcndlt/' (l>n Cange, i. ▼. AifMtr Ffrv,Jnliri9tm.) In Ihia fa«r, the PnSf rrr w«« Ihr ailrermry of an abbey, of whieh the monhi perhapa baa the boiling of the kettle. 22* 258 TUB ORDKAL. « such a prospect, all motives would conspire to lend liiiii to ^a prompt and frank acknowledgment in ttie early Binges ol' / the proceedings against him. These views are strength- ^ ened by the fact that when, in the thirteenth century, the Judicial use of torture, as a means of obtaining testimony and confession, was becoming systematized and generally employed, tlie ordeal was falling into desuetude and rapidly disappearing. The latter had fulfllled its mission, and the .former was a substitute better fitted for an age which reasoned more, believed less, and at the same time was quite as arbitrary and violent as the preceding. A further confirmation of this supposition is afforded by the coinci- dence that the only primitive jurisprudence which excluded the ordeal — ^that of the Wisigoths — ^was likewise the only one which habitually permitted the use of torture,* the only reference to the ordeal in their jurisprudence being a provision which directs its employment as a preliminary to the more regular forms of torture. Some of the ordeals, however, such as that of the Eucha- rist, of bread and cheese, and touching the dead body, do not come within this class, but they addressed themselves powerfully to the conscience and imagination of the ac- ' L. Wliig. Lib. VI. Tii. i. f S.— An epiaile attributed both to Stephen V. and SjWeiter II. ihowi that the ordeal waa evidenUy regarded ai a torture by thoie whoee enlightenment led them to condemn the popular fnith in it ai a auperatiilon : ** FcrrI oandentie vel aqun ferveutie exmninatiune eon- feHionem eztorqneri a quolibet, Miori non oeneuerunt canonea, et quod lano- torum Pntrnm dooumento sancituin non est, auperiUtiosa atUnventione non eit prasiumendum.' — I von. Carnot. Epiiit. 74. — Can. Connuluiiitl, Cane. II. q. 6. That the ordeal was praetieallj regarded as a torture, giving addl. tional weight to teitlmony, ia shown by the terms of an olTer made to undergo It by a priest named Adalgor when in the Counoil otBi. Bnseul heoonresscd the part he had taken with Arnoul, Archbishop of Rheims, in Charles of Lorraine's resistance to the usurpation of Ilagh Capet—* IIsdc sI quisquam vestrum alitor esse putat, meque indignem cui credatur, credat igni, fervent! aqusD, candentl forro; faoiant fidem tormenta quibns non sufllieiant mea verba." (Concil. Basol. cap. xi.) It is observable that he omits the cold- water ordeal, as not being a torture. Rainer, private secretary of Arnoul, offered to prove his statement by giving up a slave to walk the burning ploughshares in evidence of his troth. (Ibid. cap. xzz.) EFFECTS ON THE IMAGINATION. 259 cii80<l, ^'hoBc callous fortitude no doubt often gave way under the triaU In our own country, and almost within our own time, the latter ordeal was revived in one instance with this object, and the result did not disappoint the expectations of those who undertook it. In the case of People VH. Johnson, tried in New York in 1824, the sus- pected murderer was led from his cell to the hospital where lay the liody of the victim, which he was required to touch. DiRsimulniion which had been before unshaken failed him at the awful momont; his ovorHtruup: nerves gave way, and a confession was faltered forth. The proceeding was sustained by court, and a subsequent attempt at retraction was overruled.' The powerful influence of such motives is shown in a custom which, as recently as 1815, was still cmploycfl at Mniulcurc, near Montl)clliard, and which is ]icrhnps the latest EurofHsan instance of the legalized ap- plicntiou of an ordeal. When a theft had been committed, the inhabitants were summoned to assemble after vespers on Sunday at the place of Judgment. There the mayor summoned the guilty person to make restitution and live in isolation for six months. If this appeal proved fruitless, recourse was had to the trial of the staff, in which two magistrates held aloft a piece of wood, under which every one was lH>und to pass. No instance was on record in which the culprit dared to do this, and he was always left alone.' There are two \|)cculiaritics of the system, i)erhaps worth alluding to, which may be tliought to militate against the theory of its use as a torture. The one is the iiermission ' An rrgftnlf lli« ordeftl of broad, BoeeMioa liory of Calondrino (Qlorn. ntt. Not. S), whieb iartia npon ibe mixing of « nmatiijr of olooo wiih tho food iatondod for tbo eortttttd^ porbapo tbrowf lomo light on iho mlraelot roportod to freely by ibo boneai monk lib ebronlclerv, and on tbo praotlooa bj wbiob Iho wbolo vyttom waa rendered ■nbeerTlent to the iatoroita of thooo Intrnnted with iU admin lutratlon. • Wharton and StilM • Med. Jnrifp.. td Ed., 1800. ' MIeholet. Originet doi Loix, p. S40. 2ft0 THB ORPKAL. somotimcs accorded to put forward substitutes or cliam- pioiis, who dared the fire or water as freely as the field of single combat. Of this custom so many examples have already been given incidentally, that further instances would be superfluous, and I would only add that it is no- where permitted as a general rule by any code, except m the case already quoted of the ordeal of the cross, where it was a privilege accorded to the old or infirm, and probably only as a local custom. That a person rich enough to purchase a substitute, or powerful enough to force some unhappy follower or vassal to take his place, should obtain a favor not generally allowed, is a matter of course in the formative \|)eriods of society; accordingly, it will be ob- served that all the instances of the kind mentioned aliove relate to those whose dignity or station may well have rendered them exceptional. This is further rendered probable by the fact that ex- emption from the ordeal was in some places the privilege of flreenken, who were entitled to rebut accusations by the safer mode of procuring a definite number of compurgators to take with them the purgatorial oath. We find tliis alluded to as early as the seventh century, in the legis- lation of the Ripuarian Franks, among whom the ordeal was reserved for strangers and slaves. In 895 the Council of Tribdr draws the line with a distinctness which shows that the custom was well established at that period. I ' It permlU ib* 'nobilifi homo Tel ingenuoa" to robui an MdOiaUon with twelro eompurgaiora, bui if he had previouily been oonvioied of ortinc — "fioni qol Ingenuaf non eit, ferrenii aqua aal OAodenil ferro fe expnrgei." (BurohardI Deoret. Lib. xvi. eap. 10.) The law of William the Conqueror (Til. Ii. o. 3.— Thorpo, 1. 488), by which the duel was reierved for iho Norman, and the vulgar ordeal for the Saxon, might be lupposed to ariae from a limilar diitinotion. In reality, however, it waa only preterving the anoeetral euatoma of the raeea, giving to the defendant the privilege of hia own law. The duel waa unknown to the Anglo8axona, who habitually employe«l the ordeal, while the Normana, pre- vioua to the Oonqueat, aocording to Ilouard, who ia good authority (A no. Loix Frano. I. 221-222), only appealed to the aword. ALL GLA88K8 BUBJKOTKD TO IT. S61 liAvc Already quoted (p. 220) a docamcnt of 1061 giving a similar rcgitlaiiou in Alsace, while in 1192 the burghers of Ghent inserted it in a charter which they extorted Arom the Conntess Matilda, widow of Philip I.* So when, in 1086, the Kin\|)eror Henry IV. proclaimed the Truce of God, at the AsBcmbly of Mainz, he directed Uiat those accused of disregarding it should, if freemen, clear themselves with twelve ap))rovod compurgators, while serfs and villeins were forced to undergo the cold-water ordeal.* The other ohjeetion to our hypothesis is that to some extent the common ordeal was a ])lebeian process, while the ]>ntrieians arrogated to themselves the wager of battle. This distinction, however, hardly existed before the rise of feudalism gave all privileges to those who were strong enough to seize them, and even then it was by no means universal. We have already seen that although in the earl^' part of the eleventh century the Emix^ror Ilenry II. undoubtedly promulgated such a rule, yet that Glanville, a hundred and fiHy years later, considers the red-hot iron as noble, and that in the thirteenth century the feudal law of Germany prescribes the wasncr-urleyU for territorial dis- jMites lietwcou gentlemen. In the earlier codes the distinc- tion Is unknown, so that we are Justified in assuming that no general principles can be deduced from a regulation so late in its api)earanco and so uncertain in its application. Tlic degree of confidence really inspired by the results of the ordeal is a somewhat curious subject of speculation, ' B\ est impvtetar ei eonvietufl Don ftierli, Uber p«r doodeolm Uborof m ^rgftbii, non Ub«r Jadlein aqa» fVigld». — Kenr« d« Gand, \\ 7, 8, IS. (WarnkSnig. \\\%i, d« la Pland. II. S28.) We tee that It ia bora dirwstod to b« Qtad niaraly in defhuU of oiber Ufiimony, bafora Ubaratlng tiia aoenaad who ooald not ba eonrielad. * Caiannqaa Toro rlolaUo bajai pacU InpoiUa f^erii, at ipaa negaTarU, al iagannvi eH ant Uli«r, daodeeim probaili la ax parget. 61 ferTng, tarn Uto qaam mlnMariaUa, Jndlelo aqun rrigldflD.— Ilanriei IV. Conilli: IT. (Pa- trolng. 151. 1 135.) 262 TnB OEDBJkL. and one on which definite opinions arc not easily rcachoil. Judicially, the trial was conclnsive; the man who had duly snnk nnder water, walked unharmed among the huming shares, or withdrawn an unblistered hand from a caldron of legal temperature, stood forth among his fellows as innocent. So, even now, the verdict of twelve fools or knaves in a jury-box may discharge a criminal, against the plainest dictates Of common sense ; but in neither case would the sentimente of the community be changed by the result. The reverential feelings which alone could im\|)art fiuth in the system seem scarcely compatible with the prac- tice of compounding for ordeals, by which a man was per- mitted to buy himself off, by settling the matter with liis accuser. This mode of adjustment was not exteusivcly introduced, but it nevertheless existed among the Anglo- Saxons,^ while among the Franks it was a settled custom, permitted by all the texts of the Saliquo law, fiom the earliest to the latest.' Charlemagne, in the earlier \|)ortion of his reign, does not seem to have entertained much re- spect for the Judgment of God, wlieu he prcserilied tlic administration of the ordeal for trifling affairs only, cases of magnitude being reserved for the regular invcstigatiou ' Doomf of iBihdfton, t. oftp. SI. Virat T»zl, Tit. Liii. and L. Bmend. TiL lt. — A p«non eondomned by til* oouri to nodorgo the ordeal could, by a traoMction with tbo aggrieTwl party, purchase the privilege of clearing himielf by canonical ooinpargalioo, and thue eaoape the leverer trial. He was boond to pay hie acoaser only a portion of the fine which be woald Incar If prored gnilty — a portion varying with different offoncei from one-foarth to one-iizth of the wkr-gild. The Interesta of the tribunal were guarded by a clause which compelled him to pay to the grajio, or Judge, the full frmium, or public fine, if his conscience Impelled him to submit to an arrangement for more than the legal per- centage. It is on this custom that Montesquieu relies to support his theory of the absence of negative prooft in the Prankish Jurisprudence. The (allscy of the argument is Airther shown by the existence of a similar privilege in the Anglo-Saxon laws, with which the learned Jurist endearori to establish ft special contrast. OONFIDBNOB BBP08BD IN IT. . 368 X '"^ of iho law.* Thirty years later, the pitblie mind appears r aHlictcfl with the same donhts, for wo find the monarch endeavoring to enforce confidence in the system by his commands.* How far he succeeded in this difillcult attempt, wo have no means of ascertaining ; bnt a rnlo of English law, four hundred years later, during the expiring struggles of the practice, would show that it was regarded as bjjio means conclusive, when a malefactor who had established hisiirnoceiice !)y hot water or iron obtained thereby onlyi a commutation of ])unishmeut, and was forced to leave the \ kingdom in peri)ctual exile.* St. Ivo of Chartres, though he had no scruple in recommending and enjoining the ordeal, and, on one occasion at least, pronounced its de- cisions as beyond ap\|)eal, yet he has placed on record his conviction of its insufllcioncy, and his exiierience that the myKtcM'ious Judguiont of (lod not iufreciuontly allowed in tliis manner the guilty to escai)e and the innocent to bo punished.* Tliere is also evidence that the manifest, in- justice of the results obtained not infrequently tried the faith of believers to a degree which required the most ingenious sophistry for an explanation. When, in 112T^ the sacrilegious murder of Charles the Good, Earl of Flanders, I'/Qnod fi MOo»Aloi eonUndere Tolaerli do ipso peijario itent ad oraeMi. . . • IIoo vero d« nlnorlbof rebut. !>• miijorlbat wro, ant do lUin iDgo* nvlUliP, seenndnin legeni oaitodUnt— Cupli. Car. Uug. aan. 779, f 10. TbftI Ihif wu rcfrpeetod m Uw in foreo, nearly a band red jmn later, ii 9bowD by lie being inelnded In ibe eolleellon of Capitolarlce by Denediet ibe Lerlle. (Lib. T. ea^ I9«.) * Ui onines Jndielo Del eredant abeqne dnbllailoae.^Caplt. Car. Mag. i. ann. 809, \ SO. * Coneliiatio qnidem lalif faii, <\|Qod qnaniTif aliqolfl ae porgarot Jndielo aqns rel Ignle, hie nibilonlnna regnnm abjnraret— Braeion Lib. tti. Trael 11. cap. 1«. 4 S. ' lm (\|nibnii allqae m eondemnare nee niine majornm nee alia legnn eon- eedit anetoHUm. . . . Slnili aiodo, eaaierlan niilHia nnllnn iibi eerinn pnvbei argomenlaai, enm per examlnallonem ferri eandentli oeenlto Del Jadielo maltoe vldeamoii noeeoiee liberaUw, nnUoa ianocenlet taipe damna- toe.— Iron. Carnot Bpiil. eer. 864 TUK OBDKAI.. sent a thrill of horror throughont Enroix), Lambert of Ko- donbnrg, whoae participation in the crime was notorious, succeecled in clearing himself by the hot iron. Shortly afterwards he undertook the siege of Ostbourg, which lie prosecuted with great cruelty, when he was killed in a sally of the besieged. The pious Galbert assumes that Lambert, notwithstanding his g^ilt, escaped at the ordeal in conse- quence of his humility and repentance, and philosophically 1 1 adds: ^^Thus it is that in battle the unjust man is killed, I j although in the ordeal of water or of fire he may escape, if truly repentant."' The same doctrine was enunciated under ' John Cantacuzenes, in the middle of the fourteenth century, V by a Bishop of Didymoteichus in Thrace. A frail fair one ^ being violently suspected by her husband, the ordeal of hot ) iron was demanded by him. In this strait she applied to ''^ the good Bishop, and he, being convinced of her re\|)entance and intention to sin no more, assured her that in such a frame of mind she might safely venture on the trial, and she accordingly carried the glowing bar triumphantly twi(« around the Bishop's chair, to the entire satisfaction of her lord and master. While reiientance thus enabled the crim- inal to cscai)e, on the other hand the innocent were some- times held to be liable to conviction, on account of previous misdeeds. A striking instance of the vague notions cur- rent is afforded in the middle of the eleventh century by a case related by Othlonus, in which a man accused of horse- stealing was tried by the cold-water ordeal and found guilty. Knowing his own innocence, he ap^xsalcd to the surround- ing monks, and was told that it must be in consequence of some other sin not properly redeemed by penance. As he had confessed and received absolution before the trial, ho denied this, till one of them pointed out that in place of allowing his beard to grow, as was meet for a layman, he had impiously carried the smooth chin reserved for ccclesi- ■ VU. Carol. Oomil. FUndren. cap. xx, * Golliu d» Pliincy, op. eii. •. r. Per Ckaud. OONFIDENOB BBP08BD IN IT. 865 asticfl. Confessing his guilt, promising due penance, and vowing never to touch his beard with a razor again, he was conducted a second time to the water, and being now free from all unrc\|)entcd sin, he was triumphantly acquitted.* In fact, as the result dcixsnded mostly upon those who administered the ordeal,' it conferred an irresponsible IK>wer to release or to condemn, and it would be exiHScting too much of human nature to BU])poflc that men did not yield friM]ueu(ly to the ieuiptntton to abuse that iwwcr. The injustice thus practised must often have shaken the most robust faith, and this cause of disbelief would receive additional strength from the fact that the result itself was not seldom in doubt,, victory Ijeing equally claimed by both parties. Of this we have already seen examples in the anViirs of the lance of 8t. Andrew and of the Archbishop of Milan, and somewhat similar is an incident recorded by the Bollandists in the life of St. Swithin, in which, by mi- raculous interposition, the opi^osing parties beheld entirely different results from an appeal to the red-hot iron." Efforts of course were made fVom time to time to preserve the purity of the appeal, and to secure impartiality in its application. Clotair II., in 595, directs that three chosen persons shall attend on each side to prevent collusion;' and among the Anglo-Saxons, some four hnndred years later, Ethelred enjoins the presence of the prosecutor under penalty of loss of suit and fine of twenty ores^ apparently ■ OtblfiB. Narral <!• Mir»o. quod nnptr aeflidii, Mc. (Pftirol. 146, i4S-4.) L«\|«lng agmiii, bowerer, into lh« rin of ihmTing, npon » qolbblo ai to ibo kind of iminimeiii Anplojed, ib« anger of lIonTen manifetiod llaolf bj •Uowing him lo faU into the bandi of an onemy who pat oot bit eyes. * RniniTero mirnm Ibit nitra modnm, qnod faotorct annrnm ot Inia* tiAnem eon»plciebant; erlninatorct Ita aanam ejna Tidebaat polmam, qoaal penitoa fnlrnm non totigliwet ferrnm. — Mlrao. 8. Swttbnni e. ii \ 37. In thifl e«M, Ibo patient waa a Plare, wboto matter bad Towed to giro bim to the chnreh In eauo ho e»eaped. * Ad otramqae partem tint tomas peraonai eleetaa, no eonludlos ieri poftlt— Ureret ChlotharH II. eap. vii. 23 266 TUE OftDKAL. for tho same object, as well us to give antkcnticity to the decision.^ So in Hungary, the laws of St. Ladislaa, in 1092\| direct that throe sworn witnesses shall be present to attest the innocence or guilt of the accused as demonstrated by the result.* A law adopted by the Scottish Parliament under William the Lion, in the second half of the twelfth century, shows that corruption was not uncommon, by for- bidding those concerned in the administration of ordeals from taking any bribes to divert the course of Justice,' and a farther precaution was taken by prohibiting the Barons from adjudging the ordeal without the intervention of the sheriff to see that law and justice were observed.* In tho trial by red-hot iron, a widely prevailing custom ordered that for three days previous the hand should be wrapi)cd up to guard against its being fortified, and among the Greeks a carefril provision was made that the hand should be tho- roughly washed and allowed to touch nothing afterwards, lest there should be an opportunity of anointing it with unguents which would enable it to resist tho fire.* These regulations show that evils were recognized, but wo may reu- sonably hesitate to believe that the iemcdies were oltectual. The Church was not a unit in its relations to the ordeal. During the earlier periods, indeed, no question seems to have been entertained as to the propriety of tho practice ; it was sanctioned by councils, and administered by ecclcBi- astics, and, as we have seen, numerous formulas of prayers and adjurations were authoritatively provided for all the « > Eiholred. in. 4 4. Synod. Zabolos, oan. 37 (Baithyanl. Logg. Eeolcf. IToDg. T. I. p. ISO). ' Et quod propUr fnoiam Judiciam ftqun, yel ferri, rel duelU, auI oajai- ounqae modi JudicU, nullAin lument aut oapieni peounlam, aui allud bena- fleium, pro quo effooins jualiiio} manaat imperfeetui. — Btatut. WilbolmiRegu cap. 7, 4 3. (Skene II. 4.) * Nnlli Baroni liceat tenere onriam aqun Tel ferri, niii ViceeomeB rel ejiu lerTlentei iaieraini, ad videoduu quod lex ei Juiiitia fial. — Ibid. cap. 16. ' Bu Cange, s. r. Ftrrum caudens. E0CLK8IA8TI0AL OPPOSITION. S67 difrorcnt varieties in use. This anonimity was, howoTcr, soon diRtiir1>c(1. At tlic commcnccincnt of the sixth cen- tury, Avitiis, Hishop of Yienne, remonstrated freely with Cnndobnld on account of the prominence given to the hnttl(M>rdoa1 in tlie Bnrgiindian code; and some three cen- turies Inter, St^g^obard,, Archbishop^ o f Lyon s, attacked the wliole system in two powerful treatises, which in many points display a breadth of view and clearness of reasoning far in advance of his age.* Soon after, Leo lY., about the middle of the ninth century, condemned it in a letter to the English bishops ; some thirty years later, Stephen Y. rcpeate<1 the disapproval ; in the tenth century, Sylvester IL opiK>sed it; and succeeding pontiflTs, such as Alexander IL and Alexander III., in vain protested against it. In this, the chiefs of the Church placed themselves in opposition to thrir suliordiimtcs. No ordeal could lie conducted without pricfltly aid, and the frequency of its employment, which has 1)een seen above, shows how little the Papal exhorta- tions were respected by the ministers of the Church. Nor were they contented with simple disregard ; defenders were* not wanting to pronounce the ordeal in accordance with the Divine law, and it was repeatedly sanctioned by provincial synods and councils. In 853, the Synod of Soissons ordered Hurchard, IMshop of Chartres, to prove his fitness for the episcopal ofllce by undergoing it.' Ilincmar, Archbishop of Ulieims, lent to it all the influence of his commanding talents and position; the Council of Mains in 888, and that of Tribur near Mainz in 895, rocommended it; that of Tours in 925 .ordered it for the decision of a quarrel liotwcon two priests rcspecting certain tithes ;' the synod of the province of Mainz in 1028 authorized the hot iron in a case of murder;* that of Elne in 1065 recognized it; * T1i« •' Llb«r •df«rm Legem QandobAdt* * aad «* Liber eoatra Jvdioiam Del." * C«rii. Carol. Calri Til. xt. e. HI. (Belnte.) " CahHI. TnrAn. enn. 92!* (Merlene ei Dnrnnii. T. IV. pp. 7S-S). * Animlliit. Rmn. «nn. 1029. 268 THK ORDKAIi. that of Audi in 1068 confirmed its nse; Bnrckluut, Biahop of WormSi wboac colleciiun of cauoua ia still an authority^ in 1023 assisted at the Council of Selingenstadt, which directed its employment. The Synod of Gran, in 1099, decided that the ordeal of hot iron might be administered daring Lent, except in cases involving the shedding of blood.* In the twellth century, we find St. Bernard alluding approvingly to the conviction of heretics by the cold-water process,' of which Quilicrt do Nogcut gives us an iustaiiee wherein ho aidc<l the Bishop of Soissous in administering it to two backsliders with complete success.' Prelates were everywhere found granting charters containing the privilege of conducting trials in this manner. It was some- times specially appropriated to members of the church, who claimed it, under the name of "Lex Monachorum," as a class 4>rivilcge exempting them ftom being parties to the more barbarous and uncanonical wager of battle;^ and in 1061 a charter of John, Bishop of Avranches, to the Abbot of Mont S. Michel, alludes to hot water and iron as \he only mode of trying priests charged with olfenccs of magnitude.' There was therefore but slender ground for so eminent a canonist as St. Ivo of Chailres, about the same period, to insist that ecclesiastics enjoyed immunity from it, while admitting that the incredulity of mankind sometimes required an appeal to the decision of Ilcavcu, even though such apixuils wore not commanded by the natibyMl, L«gg. Eoclof. Hung. 11. 126. * Ex»mlnaU judioio aqaiB meodiioM invontl mnt «... aqua 90§ non lai- dpienU. — In Canlioa, Sermo 60. (AmeUbon.) ' n* VIU fQA, Lib. III. o»p. 18. * Tb«odArleiu Abbai Vie«-Ooniiiem adiil paratiu ftut oalldl ferri jadieio Monndum legem monaoborom per fuuin bomlDem probare, ani Moio ei baealo leoandam legem eeoulariam deffendere. — Annal. Bonedtci. L. 67, No. 74, ann. 1036 {ap. Uoaard, Loix Ano. Vran. I. 267). ' Jadicinm ferri Igoiti el aqam ferreniia Abrineie portarelar, li eleriol lapfl in eulpam degradaUonii forte inTeifireniiir. — Cbart Joan. Abrino. (Patrolog. 147, 266.) INFLUENOK OF THE OlIUBOn. SCO Divine Inw.* Pope Calixtus II. himself, aboat the sdroe period, gave his sanetioii to the systeni, in tlie Council of lUieimfl, in 1119.* About the same period, the learned priest Ilonorins of Autun specifies the benediction of the iron and water of the ordeal as part of the legitimate Amo- tions of his order;* and even Gratian, in 1161, hesitates to condemn the whole S3'Btem, preferring to consider the canon of Stephen Y. as prohibiting only the ordeals of hot water ' If erbort, ni»liop of !• Manp, wai seoatMl by Utnrj I. of Sngl««d of on- doAYoring to botray Uiat oiiy lo il« former niAtUr, Md wm ordorod to provo bit iDnoeeneo by tbo ortUal of boi Iron. Ito MSiir«d bim (Rplit. 74) that no law or ca»toni reqalrod li of an oeolotiMtio, and wo may preramo thai ebarebmen knew too mnob of tbe ordeal io irnsi UienmolroB willingly to ii, oieept wboro ibo manasement waa In ibolr own bandt. A eoainry earlier, Si. Abbo of Fleary had claimed Ibe tame exemption for bit order— " Boee fama ex lit, qnod contra dlrlnaa homanaaqne legea abbaa Ignlio forro •o purgare Yolait" (Abbon. Floriae. Bplst. tUI.) Ito, bowoTor, allowa It for laymen. '* Nod negaraat tamen qnin ad dlvlna aliqnaado reenrrendam •it teetlmonia quando, prmeedente ordinarla aeeotatlone, omnino deannt hnmana teetimonla : noa qnod lex boo Inatitoerit diTina, fed qnod ozigat Ineredalitaa bumana." (Bpiat. S5S.) And again: 'Vel,ti id ibeere bob poterit, eandentii ferrl examiaatlono innoeentlam saam oomprobet. 8i beo oanm apnd me ita ▼entllarelar, ita eam rellom traotarl* (Bpiat. S49). And Ib BBoiher Inetanee be pronooneei ibe roeali of raob a trbil to bo a deeialoB beyond appeal. "Andlri enlm qood yir llle do qno agitar, do objeoto erimlao examiaaiione Igniil ferrl se pargaverli, et a Imtione Ignli illmtot repertaa elt. Qnod ei Ita e et . . . eontra dl? innm ieetimonlnm nollnm nlterlna InTOtilgaa- dam InUnigo eeae Jadieiam.** (Bpift. m.) The Immanity claimed by eccleeiaeiloi In Bngland alao la ebown by Beg- behri, Arcbbbhop of York, who directed that when they wero vnable to pre* enre compargatorp, their nniopporiod oath on the croaa waa rafllelenl, their panlphmeni, if gnlUy, being left to Ood. 'Pro Idclreo sanoimni enm oal crimen Imploglior, ni ponat anper capat ejni cmcem Domini, et teetetor per VlTeniem In aecttla, cnjns patibvlam est crvx, wese Immnnem eme a peecato bnjntmoili. Bt ■Ic omnia dimitlenda rant jndiclo Del."~Dialog. Bcgbert. Bbor. Int4»rrog. iii. (Thorpe, II. 88 ) Da Cange, i. ▼. JvAitinm frohahiU, * Gemma Animm, Lib. t. cap. 181. At leant thii le tbe only reading wblob win make aenee of the paraege — I!ornm oflleivm eat . . . vol nnptlaa vol arma, toI peraa, Tel baenloe Tel Jndlola ferre et aqnaa Tel eandelaa . . . benedioere," where "ferre et aquae It cTlJenily cormpl for ** ferrl et aqnm." 23* 270 THE ORDEAL. "and iron.* As lato as 1215, the ferocious inquisitor Conrad of Marburg made frigktfui use of tlie liot irou iu eradicating ~ the Albigensian heresy ivhicli was spreading through Ger- many ; in that year he examined by its means no loss tiian eighty unfortunates in Strasburg alone, nearly all of ivhom were forthwith transfeiTod to the stake.' This discrepancy is easily explained. During the tenth and eleventh centuries, the chair of St. Peter was occupied too often by men whose more appropriate sphere of action was the brothel or the arena, and the influence of the Paiuicy was feeble in the extreme.* The Eternal City was civilly and morally a lazar-house, and the Popes had too much to do in maintaining themselves upon their tottering thrones to have leisure or inclination for combined and systematic efforts to extend their power. The Italian expeditions of the Saxon and Franconian Emperors gradually brought Italy out of the isolation into which it had fallen, and under Teutonic auspices the character of the Pontiffs improved as their circle of influence widened. At length such men as Gregory YII. and Alexander III. were able to claim supromacy over both temporal and spiritual affairs, and, after a long resistance on the part of the great body of ecclesiastics, the tiara triumphed over the mitre. During this period, the clergy found in the admuiistration of the ' Hoo AnUni uirnm ad omnia genera purgatlonlf, an ad beo duo ianium, qu0 hie probibita ewe ridentar, periineat, non immeriio dabltaiur propter Mcriftcinm lelotypio), el illud Gregoril. — Can. ConittluistI, oaiit. ii. Qiia»i. 6. * Tritbem. Cbron. Ilireaug. ann. 1216. ' In 063, a eoancil of biibops beld by Oiho I. to depose Jobo XII. pro- noDDoed tbat ibe Pope bad turned bii reaidenoe Into a brotbel — *Mnctttni palatium lupanar et proitlbalain feeine'— and was in the babit of leading bif own eoldiers 'inoendia fecieeo, onra aooinotain, galea et lorlca Indatum oue." (Litttprandi Hlit. Otton. oap. x.) Otbo III. in 008, wben reitoring a portion of tbe alienated patrimony of St. Poter, allodef to tbe dimlnisbed Inlluenoe and authority of tbe Papal Bee. ' Itomam eapnt mundi prefltemur. Romanam Becleeiam matrem omnium Boolefiarnm eiae testamur ; fed Ineu- ria et Ineolentla Pontiftoum longe aum olaritatii titulos obfuacafM." (Qoldatt. Conitit. Imp. I. 226.) iNrLUKNOS or THK onuRon. STl onlonl a Bonrcc of power and profit which naturally rendered them unwilling to abandon it at ilic Papal mandate. There were fees to Ihs received for its honest/ bribes for its dis- honest, application ; chartered privileges existed in fiivor of chnrches and monasteries, by which tliey derived a certain revenue, and the holy relics in tlicir keeping were rendered a source of gain considerably greater than that which ac- crued merely from the devotion of the faithful." It afforded the means of awing the laity, by rendering the priest a spe- cial instrument of Divine Justice, into whose hands every man felt that he was at any moment liable to fall; and ' B7 tiio Mia of Ui« Synod of liUleboDiio, In 1080, « eonTlelloii by iho boi-lnm ord«ftl caUilod a flno for Ui« benefll of tbo Bitbop. (OrdoHo. Vital. IA\ T. eap. ▼.) By ibo lnwf of St. Ludiilaa, in Hungary ibe stipend of ibo ofleintlns prictt for tbo red-hot Iron wm doable tbat wbicb be receiycd for the water ordeal^*** Pretbyter de ferro dnaa penpaa et de aqua nnaoi penaam aeeiphit.'-4lyBod. Zabolea, ana. 109S, ean. S7 (Battbyani, T. I. p. 439). Otldly enoogh, Iba Swedlib laws n\|ade the snceeraAil party pay the fee of tbo oAelating prleit — a praetlee auflieiently degrading to the aaoerdotal ebarao- ler. * 6i fnerit Inneeena Jodicatoa, peranlrat laboria soi pretlum aaeerdoti : ai Toro ealpabilia, ad aetorem lUina mereedia aolotio, Jaxta eocleaia toI pro- ▼inoiaB eonavetodinem pertinebit '— Leg. Soaaiear. Lib. Tii. 0. 16 (Da Oange, a. ▼. PerrMm tandem), Cbartera of thia naiare are alnoat too nomeroaa to require more than aa annrton. One or two cxamplea may, however, be qnoled. Thva Tblbaat the Qreat of Champagne, In 1148, granta to the ohnrob of St. Mary Magdalen of Chaleandon the exelaalTo pririlege of adraialaterlng the neeeaaary oatba on aneh oeeaaloni : " No alleai lloeret axfalbere aaneta ad aaeramenia Jaranda in Tllta Caairidnni prnter miniatria prcefataB eeelealm, oranibna dnellla Tel aaemmentli,** etc. (Do Cange, a. ▼. Atlramirt.) In 1182 we And the VIoomte di* Ilrarn making OTer to the Abbey of la Seanvc the revenne arlalng from the marble batin uaed for Ibe trial by boiling water at Gararret. (ReToe lliat. de Droit, I8ftl, p. 478.) Spelman giTeatbe following, by which Henry HI., In I2S7. granted to the monka of Semplingbam the right to bold the ordeal, among other JvrlMlietlona: ' Uabeant . . . enrlam aaam et Jnatl- Uam, enm aaka et poka et tbol et theam . . « et ordell et oreat,* ete. Perbapa Ibe moat remarkable axample la eontained In the Statntea of Ring Coleman of llangnry, collected In 1009, by which he prohlbita the admlnia* tratlon of the onleal In the am alter ehnreh^P. reiwtrving Ibe prir liege to the calhMral peata ami olh^r important eatabllahmenta.~l>ecret. Coloman. c. 11. (Uatlhyani, T. I. p. 454.) 272 THB ORDEAL. even worse uses were sometimes made of the irresponsible power thus intrusted to unworthy ministers. From the decretals of Alexander III. we learn authoritatively tlmt the extortion of money from innocent persons by its in- strnmentality was a notorious fact' — a testimony confirmed by Ekkehardus Junior, who, a century earlier, mokes the some accusation, and moreover inveighs bitterly against the priests who, to gratify the vilest instincts, were in the habit of exposing women to the ordeal of cold water, that they might strip them for the purpose." At length, when the Papal authority reached its culmi- nating point, a vigorous and sustained effort to abolish the whole system was made by the Popes who occupied the pontifical throne from 1159 to 1227. Nothing can be mora peremptory than the prohibition uttered by Alexander HI.' In 1181, Lucius III. pronounced null and void the acquittal of a priest charged with homicide, who had undergone the water-ordeal, and ordered him to prove his innocence with compurgators,* and the blow was followed up by his succes- sors. Under Innocent III., the Fourth Council of Lateran, in 1215, formally forbade the employment of any ecclesias- tical ceremonies in such trials ;* and lui the moral infiuenco of the ordeal depended entirely upon its religious associa- tions, a strict observance of this canon must speedily have swept the whole system into oblivion. Yet at this very time the inquisitor Conrad of Marburg was employing in ' Poft Oonoil. LaUran. P. ii. oap. 3, 11. * Uolopbernioot .... Pretbyieroi, qui animai bomlnnm earSiaime appre- eietai Tendanl; foemlnaf nudatas aquii immergl impudioii ooulUourlose per- ipifiiant, aui grand! m preiio ndlmere coganl. — Be Oaaibus 8. Galli, oap. xiv. ' Neo Ipflum exbib«re, neo allquomodo to volumoi postularo, tmo apoaiolioa aoiboriUU prohibemuf flnnissime. — Alex. III. Bplst. 74. * Can. Bx tnarumi Extra, D« purgatione oanonioa. * Neo . . . qnUquam purgationi aquas ferventia vel Arigldas, aen ferrl oan- dentia ritum eujualibet benediciionia aeu oonieorationla Impendat.— Ooneil. Latoran. ean. 18. In 1227, tbe Council of Trivoa repeated ibe probibiiion, bul only applied It to ibe red-bot iron ordeal. " Item, nullua aaeerdoa oan- dena ferrnm benedioat." — Concil. Trevirena ann. 1227, cap. ix. GRADUAL LIMITATION. 2)3 dcrmany ilio red-hot iron as n incnnR of condemning his iinfortunatc victims by wholesale, and tift chronicler relates that, whether innocent or guilty, few escaped the test.* The canon of Lateran, liowever, was actively followed np by the Vnim\ legates, and the effect was soon discernible. I'erhnps the earliest instance of secular legislation di- rected agahist the ordeal, except some charters granted to communes, is an edict of Philip Augustus in 1200, bestow- ing coriain privileges on the scholars of the University of Paris, by which he ordered that a citizen accused of^ assaulting a student shall not be allowed to defend himself cither by the duel or the water-ordeal.* In England, a\ rescript of Henry III., dated January 2t, 1219, directs tlip_ Judges then starting on their circuits to employ other modes i of proof— "seeing that the Judgment of Arc and water is forbid<len by the Church of Home."' A few charters and confirmations, dated some years subsequently, allude to the privilege of administering it ; but Matthew of Westminster, when enumerating, under date of 1250, the remarkable events of the half century, specifies its abrogation as one of the occurrences to be noted,* and we may conclude that thenceforth it was practically abandoned throughout the kingdom. This is confirmed by the fact that BractonjVriU^^ ing alH>nt the same time, refers only to the Wager-of battle ^ as a legal procedure, and, when alluding to other forms, s\|)eaks of them as things of the past About the same time, ' Niiai in eWiUU Argenilneiiii hoe anno bob miBBt qvtm ooiog IbU BBoioro •owfrohoBti tant, qvof oiomortioi ttnUr Jvdlolo forri OBBdoBtli oiBoilniiro eoBirft prohlbiUonom obbobIi pablloo oontaoTlt ; ot Ib qaof fomiBi BdBnll, moz IfpiibBt trsdldlt. Und», pftveUtlmif ozoepili , ooiBOf qBl eoram oo wbioI MOirati fvlwoni, et per Jodlelom forrI enndonlii •znminail, rldebBBUr lllom plorof dsmniiTimo lanoeontot, dnm oBBdent formni a peeoBiia Ball«ni ropo- riroi BHoBvni. — Triihom. ChroB. HtrMog. bbb. 1216. FonUnoB, IV. 04S. * BpeliBiB, OloM. fl. T. JWi/iWnm. * Prohlbitam tfi jBdielnn quod Bert oobsbotU p«r Igncm el por tqaaa.— Mai. WefinoB. aaa. 1S60. 274 TUB OllDBAL. Aloxnndor II. of Scotland forbade its ubo in cases of thcll.^ Nearly contemporary was the Neapolitan Code, promul- gated in 1231, by authority of the Emperor Frederic II., in which he not only prohibits the use of the ordeal in all coses, but ridicules, in a very curious passage, the folly of those who could place confidence in it.* We may conclude, however, that this was not effectual in eradicating it, for, fifty years later, Charles of Anjou found it necessary to repeat the injunction.' About the same time, Waldcmar II. of Denmark, Hakonsen of Iceland and Norway, and soon afterwards Birger Jarl of Sweden, followed the example.* In Frisia we learn that, in 1219, the inhabitants still refused to obey the papal mandates, and insisted on retaining the red-hot iron ;* though a century later the Laws of Upstal- lesboom show that ordeals of all kinds had fallen into desuetude.* In France, we find no formal abrogation i)ro- ' De e«iaro non AaI Jndioinm per aqatm t«1 ferrnm, ut eonaaetom Aiit aniiquU tomporibui.^8Utul. Alex. II. cap. 7^3. * Legei qnn a qaibatdam ■iiuplioibui lunl dioto parlbilea .... prnMnlia notiri nominia aanoiionU edioio in porpoluuu inhibttiilMi omnibua regnl I BOiiri Judlclbna, al nullua ipaaa legM piiribiUa, quo abaooniNO a veriUlo d«bor«nl poUua nunoapari, aliqulbua Odelibua noitria Indiooi. .... Eurtiin •tlnim aenanm non tarn oorrigendnm duzimni qnam rtd«ndnm, qal naiuraUm oandentia ferri oalor«m topeaoera, imo (quod aai atullina) frigeaeare, nnUa Joaia eaaaa anpervenisnta, eonOdani; aai qui ream eriminia oonalituian, ob oonaoianiiam Iniain tanium aaaarnnt ab aqnas frigidas elomanto non raoipl, qnom anbmergi poUua aaria oompatenlia retanlio non parmiUii. — Conaiit. Blonlar. Lib. ii. Til. 81. Thia laat olauaa would aeam to allnda to aoma artlfloa of tba oparatora by whiob tha aoouaed waa praranted from ainking in iha oold-watar ordeal, wben a oonrielion waa deairad. Thia eouimon aenaa riew of the miraolea ao generally belieTed la the more remarkable aa eoming from Frederia, who, a few yeara prerioaaly, waa fero- eioualy Tindioatlng with fire and award the aaneliiy of the Holy Saamleaa Goal againat the aaperaiona of unbelieving haretloa. Bee hia OonatilutioDa of 1221 in Goldaatua, Conat. Imp. I. 203-4. * Statut. MSS. Oaroli I. eap. xzii. (Du Oange, a. t. Ltx Pan6.) * KSnigawarier, op. oil. p. 170. * Bmo, the aontemporary Abbot of Wlttewernm, Inataneaa thia diaobe- dianoe aa one of the cnuaea of the terrible inundation of 121 tf. Bmon. Chron. ann. 1219 (Mailhoi Analeot. III. 72). * iKBued in 1323. FRAN OS — GERMANY. 2)5 miilgAiccI; but the contempt into which tho system hnd fallen is abundantly proved by the fact that in the ordi- nances and books of practice issued during tho latter half of the centuf}, such as the MahlissemerUs of St. Louis, the Conseil of Pierre dc Fontaines, the Coutumes du Beauvoisis of Deaumanoir, and the Livres de Jositce et de Plei^ its existence is not recognized even by a prohibitory allusion, the Judicial duel thenceforward monopolizing the province of irregular evidence. Indeed, a Latin version of the Coutumier of Nonnand}^ dating about the middle of the thirteenth century, or a little earlier, siieaks of it as a mode of proof formerly employed in cases where one of the parties was a woman who could find no champion to undergo the wager of battle, adding that it had been for- bidden by the church, and that such cases were then detonnincd by inquests. tiermany was more tardy in yielding to the mandates of the church. The Teutonic knights who wielded their proselyting swords in the Marches of Prussia introduced the ordeal among other Christian observances, and in 1225 Ilonorius IIL, at the prayer of the Livonian converts, promulgated a decree by which he strictly interdicted its use for the future.^ Even in 1279 we find the Council of Buda, and in 1298 that of Wurtzburg, obliged to repeat the prohibition uttered by that of Lateran." The independ- ent spirit of tho Empire, however, still refused obedience to the commands of the Church, and even in the four- ' Ollm aiaUtr«t orlmlnftUbw ea«fte loMeiii, turn bob 1i«b«r«Bt q«l ••• der«Bd«r«nt, m pvrgabftat p«r aqvam Bi qvovUm hi^annodl ab •««lMilA enlholiea laBl abtelwa, lnq«isieioB« loeoium •orvm AvqatnUr vUmar et In maUrl«.-^Cod. Leg. Hornan. P. ii. e. x. ff t, 8. (Lodewig, R«liq. Mpctonim. VII. 201) II to a IIUI« •ingnUr thai ih« tana phra«e it ralaioad In the aathenlic eopj of the Coatamier, In foreo anlil tho olooe of ibo •ixlecnib eenlaij. — Abo. Coai. do Nonnaadie, o. 77 (Doardol do Hieho- boarg. IV. 83). Can. Dilooii, Rztra, Do Porgailono Vnlgarl * Datlbjoal, Lrgg. Bcolof. Hang. T. ii. p. 43C.— llarUheiiB, IV. 27. 276 THE OBDBAL. teenth century the ancestral customs were preserved iu AiU vigor as regular modes of procedure in a manual of legal practice still extant. An accusation of homicide could be • disproved only by the judicial combat, while in other felo- nies a man of bad repute had no other means of escaiic tlian by undergoing the ordeal of hot water or iron.* In Aragon, Don Jayme I.^ in 1247, prohibited it in the laws of Iluesca,* and in 1248 in his revision of the consti- tution of Majorca." In Castile and Leon, the Coiuicil of Palencia in 1322 was obliged to threaten with excommuui- cation all concerned in administering the ordeal of fire or of water,* which proves how little had been accomplished by the enlightened code of the '^ Partidas," issued about 1260 by Alfonso the Wise. In this the burden of proof is expressly thrown upon the complainant, and no negative proofb are demanded of the defendant, who is siiecially exempted from the necessity of producing them;* and although, in obedience to the chivalrous spirit of the age, (he battle ordeal is not abolished, yet it is so limited as to bo practically a dead letter, while no other form of negative proof is even alluded to. . Although the ordeal was thus removed from the admitted Jurisprudence of Europe, the principles of faith which had given it vitality were too deeply implanted in the popular ' Baud teotti pnrgare te possii impniatoram oriminnm ergo qoam, ui gnpra dloiam, ferro oandente iaoto. — RiohtBtich Landreobi, cap. lii. The taiue proTiaioDi ar« to be found in a Fronob version of ibe Spoculum Bnevionni, probably made towards Ibe close of tbe fonrteenib century for ibe use of Ibe western provinces of ibe Empire. — Miroir de Sonabe, P. i. o. xlviii. (]£d. Ilaiile, Neufcbatel, 1843). * Pu Oange, s. t. Ftrum eauden. Pro aliquo orimine vel delicto, vel demanda, non faoietis nobisoum vel eum bajulo aui curia eivitatis, neo Inter tos ipsos, batalam per ferrnm call- dum, per bominem neo per aquam, vel aliam uUam rem. (Du Cange, s. v. Jkttalia,) * Du Oange, a. v. Fem&m eaud^fu, * Non es ienuda la \|Mirto de probar lo que ulega porquo non lo podrie laeer.--Lus Sicte Partidas, V. iii Tit. xiv. 1. 1. PSR8I8TSN0S OF POPULAR BELIEF. 277 mind to bo at onco eradicated^ and accordinglyf as we have seen above, instances of its employment continued occap sionally for several centuries to disgrace the tribunals. The ordeal of battle, indeed, as may be seen ia the preceding essay, was not legally abrogated until long afterward; and the longevity of the popular belief, upon which the wliole system was founded, may be gathered from a remark of Sir William Staundford, a learned judge and respectable Icp^al autliorit}', who, in 1557, expresses the same confldent exi)ectation of Divine interference which had animated Ilino- niar or Poppo. After stating that in an accusation of fclonj^ unsupported by evidence, the defendant had a right to wnger liis battle, he proceeds : ^* Because in that the npiicllant demands judgment of death against the appellee, it is more reasonable that he should hazard his life with the defendant for the trial of it, than to put it on the country .... and to leave it to God, to whom all things are ojwn, to give the verdict in such case, scilicet^ by attributing the victory or vanquishment to the one party or the other, as it pleascth llim."^ The papal authoritj^, however, was not the only element at work to abolish this su\|)er8tition. The revival of the Roman law in the twelflh and thirteenth centuries did much to influence the secular tribunals against all ordeals, as has l)een seen in the case of the wager of battle. So, also, a powerful assistant must be recognized in the rise of the communes, whose sturdy common sense not infre- quently rejected its absurdity. Accordingly, we find that it is rarely comprehended in their charters, as it is in those granted to abbeys and monasteries, while occasion- ally a sjiecial exemption is alhideil to as a privilege.* The ' PleM del Corone, ehap. zt. (qaoted In 1 Ditniewall k Ald«r»oii, 4S8). * An limtMiee of ihb oc«art m earlj m 1132. in n cbmrter granted by King Roger of Naplea to the InbnbiUnU of Bnri : ** Ferrnm, OMarnm, pognav. 24 . 278 TUB ORDEAL. influence of the commercial and municipal spirit, fosterecl by the establishment of chartered towns, in dissipating the mists of error and prejudice, is farther shown by tlie. fact that the early codes of commercial .law* make no reference whatever to the proof by ordeal, though some of those codes were drafted at a period when it was a recognized portion of ordinary jurisprudence. The Rdles d'Oldron, the laws of Wisby, and the Oonsulat de la Mcr endeavor to regulate all questions by the reasonable ntles of evidence, and offer no indication that the judgment of Qod was resorted to when human means were at fault Indeed, King Amaury, who ascended the throne of Cyprus in 1194, specifically declares, in a law embodied in the Assises de Jerusalem, that maritime causes are under the jurisdiction of a special court, instead of the ordinary civic tribunal, in order to avoid the battle ordeal permitted by the latter;* from which we may safely assume that the other forms of ordeal were equally ignored by the maritime law dispensers. The same spirit is shown in a treaty of 1228 between Riga, a member of the Ilanseatic League, and Mstislaf Davidovitch, Prince of Smoleusko, which among aqQAin, Tobii non Jndiobil.T«l Jaclioari faoi«l.' (Muratorii AnUq. Ital. ]>iM«ri. 88.) Bo alio in ih« Charier of Qeertsbergh, eonflrm«d by Baldwin of ConitanU- noplo, Bar! of Flanders, In 1200. — '* Item nemo cogatnr inire duellum, Yel inbire Jadiciom ignis ei nqnic," (Mir»i Diplom. Belgio. e. Ixvii.)— while, at the same lime, no donbt those who desired the ordeal were not debarred from it, Of is shown by the interpolotion in another MS. of the words " nisi spontanons" (Le Glay, Rerae de MiriDOs, p. 32). It is a Hltle singular, however, to find in the Franc de Bruges in 1190 the whole syttem of or- deals in full and oommon use. Kvery Satorday, a certain time was set apart for the courts to take cognisance of them — *Bt t«nipus duellorum et banni- tornm a scablnis Ibi statutum obserYabunt, ita nt de bannitis prime, poetea de duellis traotandnm et de judieiis aqusB et ferri.' — Kenre de Bruges, ^ 01. (Warnkunig. Hist, de lo Fland. IV. 377.) * For oe que en la oort de la mer na point de batalile por preuYe ne per demando do oeluy veage, ot en I ai\|tre cort dos borgels deit areir espreuves par bataille.— Baisse Court, cap. 43. P£RPETUATION OF BUPKRBTITION. S79 its provisions especially exempted the QermanR in tbe terri- tory of the latter from all liabilit}' to the ordeal of hot iron Aiid ofbattle.* Although wo may hail the disappearance of the ordeal as marking an era in human progress, yet should we err in deeming it either the effect or the cause of a change in the constitution of the human mind. The mysterious attrac- tion of the unknown and undefined, the striving for the unattainable, the yearning to connect our mortal nature with some sui)ernal power — all these mixed motives assisted in maintaining superstitions similar to those which we have thus passed in review. The mere external manifestations were swept away, but the potent agencies which vivifled them remained, not \|)crhnps less active liecause they worked more secretly. Thus generation after generation of follies, strangely aflllintcd, waits on the successive descendants of nmn, and per])etuatcs in another shape the superstition which we had thought eradicated. In its most vulgar and abhorrent form, we recognize it in the fearful epidemic of sorcery and witchcraft which afllictcd the sixteenth and sev- enteenth centuries ; sublimed to the verge of heaven, we see it reap])ear in the seraphic theories of Quietism ; descend- ing again towards earth, it assumes the mad vagaries of the Convulsionnaires. In a different guise, it leads the refined scepticism of the eighteenth century to a belief in the sn\|iernatural powers of tlie divining-rod, which could not only tmcc out hidden springs and dccp-buricd mines, but could also discover crime, and follow the malefactor through all the doublings of his cunning flight.* Each age has its ■ Trtil^ d« 122S. mrl. S. (EraMaz, niiiotre d« RiimIo II. 272.) * Wh«ii, in 1tt02, JMM\|ueii Ajmmr aliriMUd pablie aii«nlloB toUi« minielea of lb* dirlning.rod, h« wm eallad to hjona to Mtbi ib« polle* In difeoYer- Ing lh« perpelnitorfl of a mjiteriont marder, which had eonpletoly baflled ih« ngoiiU of Joilie«. Aided by hit ta^, h« tneed the erlmiiiiilt, by Uad and water, from Ljonf to Beaueaire, whero bo foond in priion a man whom 2S0 TUR OUDKAT.. own sins to answer for, its own puerilities to 1)0wail — Imp- piest that which best succeeds in hiding tlicm, for it can scarce do more. Here, in our boasted nineteenth centur}', when the triumph of human intelligence over the forces of nature, stimulating the progress of material prosperity with the press, the steam-engine, and the telegraph, has deluded QS into sacrificing our psychical to our intellectual being — even here the duality of our nature reasserts itself, and in the obscene blasphemy of Mormonism and in the fantastic mysteries of pseudo-spiritualism we see a protest against the despotism of mqre reason. If we wonder at these per- versions of our noblest attributes, we must remember that the intensity of the reaction measures the original strain, and in the dismal insanities of the day we thus may learn how utterly we have forgotten the Divine warning, "Man shall not live by bread alone I" Which age shall cast the first stone f When Cicero wondered how two soothsayers could look at each other without laughing, he showed that the grosser forms of Bui)erstition were not universally shared. Such, wo may bo assured, has been the case at every period ; and, in our own day, can we, who proudly proclaim our disbelief in the follies which exist around us, individually assert that we have not contributed, each in his own infinitesimal degree, to the causes which have produced them f he deolared to be a partielpani, end who floAlly confened the erime. Aymar wae »i length proved to be merely a clerer oharlatan ; but the mnnia to whioh he gave rUe lasted through the eighteenth oontury, and nearly at ita oloM bia wonden were rWalled by a brother sharper, Campetti. IV. TORTURE. Tnv preceding essays have traced the development of sacramental purgation and of the ordeal as resources de- vised by hnman ingenuity when called upon to decide ques- tions too intricate for the impatient intellect of a rude and scnii-barlmrous age. There was another mode, however, of attaining tlic same object, wliicli has received the sanction of the wisest law-givers during the greater part of the world's history, and our survey of tlie field of irregular testimony would be incomplete without glancing at the snbject of the judicial use of torture. In the early stages of society, when force reigns supreme and law is but an instrument for its convenient and efiective exercise, tlie judge or the pleader would naturally seek to extort from the reluctant witness a statement of what he niiglit dcHire to conceal, or from the presumed criminal a confession of liis guilt. To accomplish this, the readiest means would seem to be the infliction of pain, to escape from which the witness would sacrifice his friends, and the accused would submit to the ixsnalty of his crime. The moans of administering graduated and eflcctual torment wouM thus 1)e sought for, and the rules for its application would in time be develo])ed into a regular system, forming part of the recognized principles of jurisprudence. The only subject of surprise, indeed, is that torture was not more generally authorized in primitive times. To the parent stock of the Aryan family of races it would appear 24* 282 TORTURE. to have been unknown: at least, it has left no recorded trace in the elaborate provisions of the Hindu law oil it has existed for three thousand years.* Among the Semitic nations, too, the jurisprudence of Moses is free from any indication that such expedients were regarded as legitimate among the Hebrews. The connection between the latter and the Egyptians would appear to warrant the conclusion that torture was equally unknown to the antique civilization of the Pharaohs, and this is confirmed by the dcscri[)tion which Diodorus Siculus gives of the solemn and mysterious tribunals, where written pleadings alone were allowed, lest the Judges should be swayed by the eloquence of the human voice, and where the verdict was announced, in tlie unbroken silence, by the presiding judge touching the successfhi suitor with an image of the Goddess of Truth.* In Greece, we find the use of torture thoroughly under- stood and permanently established. The ollgardiical and aristocratic tendencies, however, which were so strongly developed in the Hellenic commonwealths, imposed upon * In Book Tin. of Ibo IniiiinUi of Mmio ibero are vory minute dirooilont M to cridenoo. The teitiinony preforred U that of witnesaoi, wboM eom- parative credibility it very earefally diseuiaed, and wben tbat is not pro- curable, tbe portiei are ordered to be iworn or to be lubmitted to the ordeal. These principles hare been transmiUed unchanged to the present day. See the Ayeen Akbery, Tit. Beybar, Vol. II. p. 404, and Ualheds Code of Qentoo Laws, obap. xviii. Diod. Sicnl. i. Ixzr— Sir Gardiner Wilkinson (Ancient Egyptians, Vol. II.) figures several of these little ininges. That torture was a customary legal procedure in Egypt has been assumed by some writers from a pessnge in iBlian to tbe effect that Egyptians were eo^» monly regarded as capable of dying under torture in preforenoe to rcTealing the truth — "ASgyptios aiunt patlentisslme ferre tormenta: et citius mort hominem JBgyptiam in qumstionibus tortum examlnatumque quam veritatem prodere." (Var. Hist. vii. STiil.) This can hardly, bowoTer, be considered to proYo anything. In the time of JBlian, the Egyptians bad been for five centuries under Greek or Roman rule, and had probably acquired ample experience of torture. There were doubtless, also, numerous Egyptian slaves scattered throughout the Empire, where they must have bad suflloient oppor- tunity to earn their reputation for endurance. IN ORBKOK. 283 it n limitntion chnractcriBtic of the pride and self-respect of the ^ovorniiig order. As n general rule, no freeman could lie tortured. Even freedmen enjoyed an exemption, and it ' was reserved for tlie unfortunate class of slaves, and for strangers who fonncd no part of the body politic Tet there were exceptions, as among the Hhodians, whoso laws authorized the torture of free citizens ; and in other states it was occasionally resorted to, in tlie case of flagrant po- litical offences; while tlie people, acting in their supreme nud irresponsible authorit}^ could at any time decree its n pplicat ion to any one irrespective of privilege. Thus, when Ilipparchus was assassinated by Ilarmodius, Aristogiton was tortured to obtain a revelation of tlie plot, and several similar proceedings are related by Valerius Moximus as occurring among the Hellenic nations. The inhuman tor- ments inflicted on Philotas, son of Parmenio, when accused of conspiracy against Alexander, show how little real pro- tection existed when the siifety of a despot was in question : and illustrations of torture decreed hy the people are to be seen in tlie proceedings relative to the mutilation of the statues of Uermes, and in the proposition, on the trial of riiocion, to put him, the most eminent citizen of Athens, to the rack. In a population consisting largely of slaves, mostly of the same race as their masters, often men of education and intelligence and employed in positions of confldence, legal pro((cilings must frccpicutly have turned uiion tlicir evi- dence, in lK)th civil and criminal cases. Their evidence, however, was inadmissible, except when given under torture, niid then, by a singular confusion of logic, it was estimated ns tlio moHt convincing kind of testimony. Consequently, the torturing of slaves forme<l an imiK)rtant portion of the adniiniKlrntion of Athenian justice. Kither party to a suit might ofler his slaves to the torturer or demand those of * Lib. III. wp. iU. 284 TORTURE. his opponeht, and a refusal to produce them waa regarded as scrionsly compromising. When both parties tendered tbeir slaves, the Judge decided which should be received. Even without bringing a suit into court, disputants could have their slaves tortured for evidence with which to effect an amicable settlement In formal litigation, the defeated suitor paid whatever damages his adversary's slaves might have undergone at the hands of the professional torturer, who, as an expert in such matters, was empowered to assess the amount of depreciation they had sustained. It affords a curious com- mentary on the high estimation in which such testimony was held to observe that, when a man's slaves had testified against him on the rack, they were not protected from his subsequent vengeance, which might bo exercised upon them without restriction. As the laws of Greece passed away, leaving compara- tively few traces on tlic institnijons of other races, it will suffice to add that tlie principal modes in wliieh torture was sanctioned by tliem weio tlie wheel (f po;kos), Uie hulder or rack (sxi>ai), the comb with sharp teeth (xvo>os), the low vault (svfuy) in which the unfortunate witness was thrust and bent double, tlie burning tiles (nxif^ot), the heavy hog- skin whip (yatpixis)j oiid the injection of vinegar into tlie nostrils. In the earlier days of Rome, the general principles gov- erning the administration of torture were the same as in Oreece. Under the Republic, the free citizen was not liable ' Arittopbftnea {Rana, 017) reotpllulaUa moti of the prooesMS lo vogu«. Aiackos, ba) r«< i0«r«y/{V> JCafUkias* wArr* t^mw, h nxtftrntu /vr^Ci «,i^ir«(, Cg-T^x^* /UATTiyAr, ^^i rT^ii9A«», In /'lie idt fit At «fef vyx^» wxif9w€ iriTidii/cy wdrttL <r2xA«. The beat aammarj I hare met with of the Atbenien lawa of torture la io Baehbiiob'a *IntrodneUon ft TKlude da Droit," f 208. IN ROME. 285 to it, find tlio cvi<lcneo of slavcB was not received witliont ^' it. With tlio progrcsB of (leRpotiflm, however, the flftfo- irimnls wliicli sitrrotinded tlie freeman were broken down, and autocratic Emperors had little scruple in sending their subjects to the rack. Kvcu as early as tlie second Triumvirate, a prictor named Q. Oallius, in saluting Octavius, chanced to have a double tablet under his toga. To the timid imagination of the future Em\|x;ror, the angles of tlie tablet, outlined under the garment, presented the semblance of a sword, and he fancied Qallius to be the instrument of a conspiracy against his life. Dissembling his fears for the moment, he soon caused the unlucky prcctor to be seized while presiding at his own tribunal, and after torturing him like a slave with- out extracting a confession, put him to death. The incident was ominous of the future, when all the ]K)wers of the state were concentrated in the august person of the Em^xsror. lie was the representative and embodi- . mcnt of the limitless sovereignty of the people, whose irresponsible authority was transferred to him. The rules and formularies, however, which Imd regulated the exer- cise of power, so long as it l)elonged to tlie people, were f4Hblc barriers to the passions and fears of Co^sarism. Accordingly, a principle soon became engrafted in Roman jurisprudence thiCt, in all cases of ' crimen mi^cstatis,'' or high treason, the free citizen could be tortured. In striking at the ruler, he had forfeited all rights, and the ^ snfctj' of the state, as embodied in the Emperor, was to be ]>n»servcd at every sacrifice. The Enii>crors were not long in discovering and exercising their \|M)wcr. When the plot of Sejanus was discovered, the historian relates that Tiberius abandoned himself so entirely to the task of examining by torture the suspected ' Sarrllem In modam ean tonil; m faUBUoi nibllp JoaliooeidL^Saeloa. Aagvit nil. 286 TORTuas. accomplices of the conspiracy, that when an old Rhodiaiu friend, who had come to visit him on a special invitation, was announced to him, the preoccupied tyrant absently ordered him to be placed on the rack, and on discovering the blunder had him quietly put to death, to silence all complaints. The shuddering inhabitants pointed out a spot at Capri where he indulged in these terrible pursuits, and where the miserable victims of his wrath were cast into the sea before his eyes, after having exhausted his ingenuity in exquisite torments.* When the master of the world took this fearful delight in human agony, it may readily be imagined that law and custom offered little protection to the defenceless subject, and Tiberius was not the only one who rclishcil these inhuman pleasures. The half-insane Caligula found that the torture of criminals by the side of his dinner-table lent a keener zest to his revels, and evcu the timid and beastly Claudius made it a xjoint to be present on ^uch occasions.* Under the stimulus of such hideous api>ctites, capricious and Irresponsible cruelty was able to give a wide extension to the law of treason. If victims were wanted to gratify the whims of the monarch or the hate of his creatures, it was easy to find an offender or to make a crime. Under Tiberius, a citizen removed the head from a statue of Au- gustus, intending to replace it with another. luterrogatcil before the Senate, he prevaricated, and was promptly put to the torture. Encouraged by this, the most fanciful iu- ter\|)retation was given to violations of the rcs\|)ect assumed to be due to the late Emperor. To undress one's self or to ' Keqne tormentif neque lupplioio eaiquam peperoii : toU halo eognliioni adM per totot diM deditaf •! inieniui, nl KhodieoMin hospiUm quem fimii- liaribai Utterit Romam •roearat, adrenlflM sibl nantiatam, torqaeri aina mora Junerlt, quaai aliquU ax neoeMariii quaisttoni adaasai: dalnda, arrora dataoto, al ooaidi, na dirulgaret injuriam. CarnifloinsB ajui ostendiiur locai Capraii, unda damnatoi, poit longa at axqaisila tormanta, priDcipitara ooram 9B in mara Jababal -^Baaton. Tlbarlaa, o. Izii. ■ Ibid. Oalig. xzxii.— Claud, xxxiv. IN ROMS. 287 beat n slave near his image ; to carry into a cabinet d^aisance or a house of ill fame a coin or a ring impressed with his sacred features; to criticize any act or word of his became a treasonable offence ; and finally an unlucky wight was actually put to death for allowing the slaves on his farm to pa^' him honors on the anniversary which had lieon sacred to Augustus.* So, when it suited the waning strength of paganism to wreak its vengeance for anticipated defeat upon the rising, energy of Christianity, it was easy to include the new reli- gion in the convenient charge of treason, and to expose its i votaries to all tlie horrors of ingenious cruelty. If Nero desired to divert from himself the odium of the conflagra- tion of Rome, he could turn upon the Christians, and by wHl directed tortures obtain confessions involving the whole sect, thus giving to tlie populace the diversion of a l>ersecution on a scale until then unknown, besides provid- ing for hinisolf the new sensation of the human torches whose frightful agonies illuminated his unearthly orgies.* Diocletian even formally promulgated in an edict the rule that all professors of the hated religion should be deprived ' of the privileges of birth and station, and be subject to the application of torture.* The iudiscriminate cruelty to which ' ' 8Uta0 qaldmn AoKntU eapai deniMral vt •lUrlot Imponeroi. AoU r«t In Senato. Kl qola umbigebaturf per tormenU qniesiia Mt Damnato rao, ranHaUm hoo genni ealomnim ao \|>rocet9U, «l hipa qnoqaa eapiUlla auanl : circa AngtiHi pimnliicrtini fcrrnm cecldliwa, renilmenia matanc: Bnmmo Tcl annnio cfllglem Imprefvain, lairlnn vel lapanari iniallnc ; dlciam nUam farlainrc pJm cxipilmalione aUqna IfDviine. Periii denlqua et if qni bonorat In cMonla raa aoilcm die deeerni tibi panui esl qoo daeraU al Aagatto ollai rrant— Snclon. Tiber. ItIH. * Taeii. Annal. XT. xllr. Rrgo abolando mmorl Kara enbdldli reoa, tt qn«fl(lninilii pcrnlt adfecii qoos per flagiila InTlsof, Tntgns CbrlsUanoa appel- labal Igiiar, prlmo eonrepU qoi fatebanUar, deinda Indicia aorvm, mvllilndo tngvni, band perlnde In cHmine Ineendii, qnam odio bamaal genarbi eoBTieii innt. ' roeiridle propotiinm cut adicinm qno carebainr vt rellglonli illini bominaf earcrent onnl bonore ae dignltata, tormenib snbjaoll awent ax 288 TORTUBK. tbo Ohristions woro thus oxposod without dcfeuco, at tlio hands of those inflamed against them by all evil passions, may, perhaps, have been exaggerated by the ceclesiastical historians, but that frightful "excesses were pcrix^trated under sanction of law cannot be doubted by any one who has traced, even in comparatively recent times and among Christian nations, the progress of political and religious persecution.* The torture of freemen accused of crimes against the State or the sacred person of the emperor thus became an admitted principle of Roman law. In his account of the conspiracy of Piso, under Nero, Tacitus alludes to it as a matter of course, and in describing the unexampled endu- rance of Epicharis, a freedwoman, who underwent the most fearful torments without compromising those who jiossesscd little claim upon her forbearance, the annalist indignantly compares her fortitude with the cowardice of noble Romans, who betrayed their nearest relatives and dearest friends at the mere sight of the torture chamber.* Under these limits, the freeman's privilege of exemption iWas care Ailly guarded, at least in theory. A slave while ^/ 1 / claiming freedom, or a man claimed as a slave, could not 1)C t exposed to torture ;* and even if a slave, when about to be qnoenmqoe ordlne ant grado Tenirent, adTenua eoi omnia aotio ealerat, tte. — Laetani. de Moriib. Penaeoi. cap. ziil. ' Tormenioram genera ioaodiia ezoogitabaninr. (Ibid. cap. xt.) — ^When the Chrifiiana were aoenaed of an attempt io bom the imperial palaee, Dio- cletian '* irm inHammatoB, excamifioari omnci luoa protinoi prmcipit. 8cde- bat ipse atque inoooeotea igne torrebat." (Ibid. cap. xiv.)— LaotaoUos, or whoever was the real author of the tract, addressea the priest Donatns to whom itia inacribed: *Noviesetiam tormentiaornoiatiboaqnevariliBobjectaj, noviei adversariom glorioaa confessione TioiBti Nihil adTcrsna te Tcrbera, nihU angulsD, nihil ignis, nihil ferrom, nihU Taria tormontorum genera Talnerant." (Ibid. cap. xtI.) Ample details may be foond ia Entebitts, Hist. Bcoles. Lib. v. o. 1, vi. 39, 41, viii. passim. Lib. Martjram; and in Cyprian, Epist. x. (Bd. Oxon. 1082). Tacit. Annal. xw, \jl, WU. ' In causis quoqne liberalibus, non oportet per coram tormenta, de quorum statu qumritur, Tcritatem requiri.— L. 10 f 6 Dig. xltiii. xvUi. IN noME. 289 tortnrcd, endeavored to escape by asserting his freedom, it was necessary to prove liis servile condition before pro- ceciling witli the legal torments.* In practide, however, these privileges were continually infringed, and^ numerous \ edicts of the emperors were directed to repressing the/ abuses which constantly occurred. Thus we find Diocle-i tian forbidding the application of torture to soldiers or their children under accusation, unless they had be(^n dis- missed the service ignominiously.* The same emperor pub- lished anew a rescript of Marcus Aurelius declaring the exemption of patricians and of the higher imperial oflScers, with their legitimate descendants to the fourth generation;* and also a dictum of XJIpian asserting the same privilege in favor of decurions, or local town councillors, and their children.^ In 8)G, Yaleutinian was obliged to renew the declaration that decurions were only liable in cases of majestaiis^ and, in 399, Arcadius and Honorius found it necessary to explicitly declare that the privilege was per- sonal and not official, and that it remained to them after laying down the decurionatc.* Theodosius the Great, in 885, esi>ccially directed that priests should not be subjected to torture In giving testimony,* the significance of which is shown by the fact that no slave could be admitted into holy orders. The necessity of this constant renewal of the law is indi- catcfl by a rescript of Yaleutinian, in 369, which shows that , freemen were not infrequently tortured in contravention of law; but that torture could legally be indiscriminately , inflicted by any tribunal in cases of treason, and that in { ■ h, IS Big. XLTJii. xvlil. (UlpUn.) * Conii. 8 Cod. IX. x\\. (DIoolet ei Maxim.) * Conai. 11 Cod. iz. xll. * IbM. H* * CoMl. 16 Cod. IX. xH. * Prw^Url eilm IbJaHmb qnstlioBU Uttimonisn dieuil.— Const. 8 Cod. 1.8. 85 290 TOETUEB. Other accusations it could be authorized by the order of the emperor.^ This power was early assumed and frequently exercised. Thus Domitian tortured a man of prsetorian rank on a doubtful charge of hitrigue with a vestal virgin,* and various laws wore promulgated by several cmjicrors directing the employment of torture irrespective of ninlv, iu some classes of accusations. Thus, in 2 1 ) , Caracalla autlior- ized K in cases of 9uspected poisoning by women.' Con- stantino decreed that unnatural lusts should be punislicd by the severest torments, without regard to the station of the offender.* Ooiistantius persecuted in like manner soothsayers, sorcerers, magicians, diviners, and augurs, who were to be tortured for confession, and then to be put to death with every refinement of suffering.* So, Justinian, under certain circumstances, ordered toiture to be used ou parties accused of adultery.* The power tlius assumed by ^'1 the monarch could evidently only be limited by his discre- tion in its exercise. One important safeguard, however, existed, which, if properly maintained, must liave greatly lessened the fre- quency of torture as applied to freemen, in bringing au accusation, the accuser was obliged to inserilMs himself formally, and was exposed to the lex talioma in case he failed to prove the Justice of the charge.' A rescript of Oonstantine, m 314, decrees that in cases of majeslalis^ as the accused was liable to the severity of tortuie without limitation of rank, so the accuser and his informers were to be tortured when they were unable to make good their ' ' Conit. 4 Cod. IX. Tiii. Sutton. Domit cap. Till. To Domitian tho historian alio OMribet tht inyention of a ntw and infam.ouily indtoent kind of tortore (Ibid. eap. x.). ' Ipsa quoqoe malier torquebitur. Nequt enim ssgre feret si torqutatar, qnsB tenenis suis viscera hominis cxtinzit. — Const. 8 God. ix. zll. * Const. 81. Ood. ix. ix. * Const. 7 Cod. ix. viii. * NoYell. oxYii. cap. zt. \ 1. * Const. 17 Cod. ix. ii.— Const. 10 Cud. ix. zlvi. IN HOME. 291 ficciiRntion.* This enlightened legislation wns preserved by Justin inn, and must have greatly cooled the ardor of the ivick of calumniators and informers, who, from the days of Sylln, had been encouraged and petted until they held in tlictr hands tlie life of almost every citizen. All these laws relate to the extortion of confessions from the accused. In turning to the treatment of witnesses, wo find tliat even with tlicm torture was not confined to the servile condition. With slaves, it was not simply a conse- quence of slavery, but a mode of confirming and rendering admissible the testimony of those whose character was not suflicicntly known to give their evidence credibility without it Thus a legist under Constantine states that gladiators and others of similar occupation cannot be allowed to bear witness witliout torture ;* and, in the same spirit, a novel of Justinian, in 639, directs that the rod shall be used to extract the truth from unknown persons who are suspected of bearing false witness or of being suborned.* It may, therefore, readily be imagined that when the evi- dence of slaves was required, it was necessarUy accompa- nied by the application of torture. Indeed, Augustus declared that while it is not to be expressly desired in trifling matters, in weighty and capital cases the torture of slaves is the most efficacious mode of ascertaining the trutli.^ When we consider the position occupied by slavery In the lloman world, tlie immense proportion of bondmen who carried on all manner of mechanical and industrial * Contl. S Cod. IX. tiU. * Si •» r«i eondilio tit at burenArism l«»Uiii Tel ttmntiii pertonaai ad- iiiiU«r« cofimsr, tint UrmcnUt tMiimonlo cjoi oredradan bob Mi.-»L. SI, fSIH^. xxu. ?. ' NoTeU. xc. eap. I. 4 !• * QiiiMitionet Beqnt Penper In omnl oaoiib ft penona detldeimrl deb«r« arbllror : •! •am eapUaUa at atreelora moleflola bmi atiUr explorarl el !«▼•#• Ilfcari poaranl, qnam per •errornm qvaMtionet, efleaelaiinae ette ad reqvi. rendam ?eritateai txisiimo el babendaa oeBieo.—L. 8 Dig. xltiii. xriU. (PaalBf). 292 TOETUEB. oocnpationB for the benefit of their owners, and who, as seribes, teachers, stewards, and iu other confidential posi- tions, were privy to almost every transaction of their I . masters, we can readily see that scarce any suit could bo decided without involving the testimony of slaves, and thus j requiring the application of torture. It was not even, as among most modem nations, restricted to criminal cases. Some doubt, indeed, seems at one time to have existed as to its propriety in civil actions, but Antoninus Pius de- cided the question authoritatively in the affirmative, and this became a settled principle of Roman jurisprudence, even when the slaves belonged to masters who were not party to the case at issue.* There was but one limitation to the universal liability of slaves. They could not be tortured to extract testimony agidnst their masters, whether in civil or criminal cases ;" V though, if a'slave had been purchased by a litigant to get his testimony out of court, the sale was pronounced void, the price was refunded, and the slave could then bo tor- tured.' This limitation arose from a careful i-cgard for the ; pafety of tlio master, and not IVoni any feeling of huinuuity towards the slave. So great a resi)ect, indeed, was paid to the relationship between the master and Ixis slave that tlio principle was pushed to its fullest extent. Thus even an employer, who was not the owner of a slave, was protected against the testimony of the latter. When a slave was held in common by several owners, ho could not be tor- ' L. 9 Dfg. XLTiii. XTiU. (Maroianoi). — Lioet itaqos •! de lertii alitiiii baberi qnBaUonem, ai iU rM tnadaAi. * L. 9 f 1 Dig. XLTIII. XTiU.'L. 1 f 16 Dig. XLviii. ztU. (S«Terns).— L. 1 4 18 ^^' XLYiii. xvUi. (UlpUo.) ' QoiMrTtim ideo oomparaTit, na in at torquareiur, reatituto pretio, poUrii inUrrogari.— PaaU Lib. y. Senti. Tit. xtI. f 7.— Tba tame prinoiple ia in- ToWad in a raseript of ibe Antoninat. — L. 1 f 14 Dig. xlviii. xtU. (Savama). * Si aanroa bona Ada mibi tarTiai, aiiam li dominium in ao non babui, potast dioi, torqnari aom in oapni mcom non dabara. — L. 1(7 Dig. xlviii. XTii. Tba axpression V in oapot domini' apptiaa aa wall to ci?il aa to orimi- nal eaaaa.--Panli Lib. y. Santt. Tit. x?i. f 6. the I incr / may/ proJ IN BOMB. 293 turcd in opposition to any of them, unless one were accused of murdering his partner/ A slave could not be tortured in a prosecution against the father or mother of the owner, or even against the guardian, except in cases concerning the guardianship; tliougli tlie slave of a husband could be tortured against tlic wife.' Even tlie tie which bound the iVeedman to his patron was sufficient to preserve the former from being tortured against the latter;* whence we ma; assume tliat, in other cases, manumission alTorded no tcction from the rack and scourge. Tliis question, however, api)ears doubtful. Tlic exemption of fieodmen would seem to be proved by the rescript which provides that inconve- nient testimony should not be got rid of by manumitting slaves so as to prevent their being subjected to torture; wliile, on tlie other hand, a decision of Diocletian directs that, in cases of alleged fraudulent wills, the slaves and even the freedmen of the heir could be tortured to ascertain the truth.* The policy of the law in protecting masters from the evi- dence of their tortured slaves also varied at different periods. From an expression of Tacitus, it would seem not to have been part of the original Jurisprudence of the republic, but to have arisen from a special decree of the senate. In the early days of the empire, while the monarch still endeavored to veil his irresponsible power under the forms of law, and showed his reverence for ancient rights by evniling them rather than by boldly subverting them, TilH»ritis, in prosecuting Llbo and Silanus, caused their slaves to be transferred to the public prosecutor, and was * h. S Dig. XLTiii. ztIH.— Coiift 13 Ood. ix. zH. * L. ]• f S Dig. zLTiii. ztUI.— Cooii. S Cod. ix. zU (8«T«r. el Anlonln. anil. S§5). ' L. 1 i n IXff ZLYIII. ZTii. « L. H 9 Dig. XLTiii. ztU. * L. H 13 Dig. xtTiif. XTil.— Panll Lib. t. SobII. Tii. zrt. i 9. * CoBfl. 10 Cod IX. zil. (Dioolet. el Maxim.) 26* 294 TORTUBK. thus able to gratify his vengeance legally by extorting the required evidence.^ Subsequent emperors were not reduced to these subterAiges, for the principle became established that in case); of majestatis^ even as the freeman was liable to torture, so his slaves could l>e tortured to (&>nvict hiui ;* and as if to show how utterly superfluous was the cunnuig of Tiberius, the respect towards the master in ordinary affairs was carried to that point that no slave could be tortured against a former owner with regard to matters which had occurred during his ownership.' On the other hand\| according to Ulpian, Trajan decided that when the confession of a guilty slave under torture implicated his master, the evidence could be used against the»master, and this, again, was revoked by subsequent constitutions.* Indeed, it became a settled principle of law to reject all incriminations of accomplices. Having thus broken down the protection of the citizen against the evidence of his slaves in accusations of treason, it was not difficult to extend the liability to other special crimes. Accordingly wo And that, in 197, Septimius So- verus specified adultery, fraudulent assessment, and crimes against the state as cases in which the evidence of slaves against their masters was admissible.* The provision respecting adultery was repeated by Caracalla in 214, and afterwards by Maximus,' and the same rule was also held * Bi qoU Tet«r« Senotiueoniulto qumtio in oapot dominl prohibebatnr, oaUidnt et noTi jnrit reperior Tiberluf miinoipari iingaloa Aoiori pablioo jubel.— Taoii. Anna!. II. 30. See aleo III. 67. Somewbai tiiuUar in tpirii WM bit obanusUrisiio devioe for eluding tbe law wbiob probibited ibe est- ouiion ofTirgint (Sueton. Tiber. Izi.}. * Tbit principle ie embodied in innnmerable laws. li it lulBoient to refer to Oonitt. 6 4 2, 7 4 li B i 1 Ood. iz. Tiii. ' Bervuf in eapnt ejai doniini a qno distraetu eet, oniqne aliqoando ser- Tiyit, in memoriam priorit dominii interrogari non poteat.— L. 18 f Dig. XLViii.x?iii. (Paultti). ' L. 1 f 19 Dig. XLYiii. XTiii. (Ulpian.) ' Const. 1 Cod. IX. xli. (Sever, et Antonin.) * OonatL 3, 82 Ood. ix. ix.— L. 17 Dig. xl?iii. XTiii. (Papin.) IN ROMK. 295 to bo good in cases of incest.* It is probable that this in- creasing tendency alarmed the citizens of Rome, and that they clamored for a restitution of their immunities, for, when Tacitus wns elected emperor, in 276, he endeavored to propitiate public favor by proposing a law to forbid the tcHtimony of slaves against their masters except in cases of majcstaiis^ No trace of such a law, however, is found in the imperial jurisprudence, and the collections of Justinian show that the previous regulations were in full force in the sixth century. Yet it is probable that the progress of Christianity pro- duced some eflcct in mitigating the severity of legal pro- . cednre, and in shielding the unfortunate slave from the cruelties to which he was exposed. Under the republic, while the authority of the jycUcrfamilias was still unor bridged, any one could offer his slaves to the torture when he desired to produce their evidence. In the earlier times, this was done by the owner himself in the presence of the family, and the testimony thus extorted was carefully tnken down to be duly produced in court ; but subsequently the proceeding was conducted by public officers — ^the quaes- tors and triumviri capitalcs.* I low great was the change cfliHtod is seen by the declaration of Diocletian, in 28G, that masters were not permitted to bring forward their own slaves to be tortured for evidence in cases wherein they were ]iersonal1y interested. This would necessarily reduce the production of slave testimony, save in accusations of nwjrsiatiti and other excepted crimes, to cases in which the slaves of thinl parties were desired as witnesses ; and even * L. 5 Diff. XLYiii. xtIU. (MftreinB.) * In •idem orftUone emrM at terTi in domlnornra etpiia non inUrrof area- tar, ne In msim ni»je»iiitit qaidem (F1. Vopiio. Teoil. enp. ix.). * iHi Boje, Ilift dn Droit CHm. dee Peup. Ancient, pp. S97, 331, 33S. * Ferroe qvl proprll Indabllnie Jnrli inl probAbontnr, ed inUrrogRiionem nee offerenle t« prodoel wlneremae : Untom ebeei vt eilam InTltA fce eonlra dominam ▼ocem mmpere ooganivr.— Contt. 7 Cod. iz. xU. (Dioelet el Mailm.). 296 TOBTURS. in tlieso, the ft'equcncy of its employment mnst liaro boon greatly reduced by the rule wliich bound the party callhig for it to deposit in advance the price of the slave, as estimated by the owner, to remunerate the latter for his death, or for his diminished value if he were maimed or crippled for life.^ When the slave himself was arraigned upon a false accusa- tion and tortured, an old law provided that the master should receive double the loss or damage sustained ;' and in 888, Yalentinian the Younger went so far as to decree that those who accused slaves of capital crimes should in- scribe themselves, as in the case of freemen, and should be subjected to the lex talionis if they failed to sustain the charge.* This was an immense step towards equalizing the legal condition of the bondman and his master. It was apparently in advance of public opinion, for the law is not reproduced in the compilations of Justinian, and probably soon was disregarded. There were some general limitations imposed on the ap- plication of torture, but they were hardly such as to pre- vent its abuse at the hands of cruel or unscrupulous Judges. Antoninus Pius set an example which modern Jurists might well have imitated when he directed that no one should be tortured after confession to implicate otliers ;* and a rescript of the same enlightened emperor fixes at fourteen the mini- mum limit of age liable to torture, except in cases of majes- I icUiSj when, as we have seen, the law spared no one, for in the imperial Jurisprudence the safety of the monarch over- rode all other considerations.* Women were spared during > Panli Lib. V. Senii. Tit. ZTi. f 8.— Sm mlio LI. 0, IS Dig. xlviii. ZTiii. * Conft. Ood. It. zItI. Tliis proviaion of tli« L. JuUa appean to bavt been revived by Dioolelian. " Lib. IX. Ood. Theod. i. H. « L. 16 4 1 Dig. XLViii. zviii. (Modectin.) ' De minore quatuordeoem annii quKslio babenda non est, ui et Dmit Plui OiDcilio JubenUano reeoripili. \| 1. Sod oinncf omniiio in m^JetUtit orimine, quod ad perionaa prlneipam nttlnei, li ad tetiimoniain proTOoeniuri oniq retezigit, torc^uenlur. — L. 10 Dig. xi.viii. zviii. (Aroad.) IN BOMB. 297 prc^Ancj.* Moderation was enjoined npon the Jadgcs, irlio wore to inflict only such torture as the occasion ren- dered nccessar}', and were not to proceed further at the will of the accuser.' No one was to be tortured without the inscription of a formal accuser, who rendered himself liable to tlic lex talionis^ unless there were yiolent sus- picions to justify it ;* and Adrian reminded his magistrates tliat it sliould be used for the investigation of truth, and not for the infliction of punishment.* Adrian fuither dircctc<l, in the same spirit, that the torture of slave wit- nesses shoidd only be resorted to when the accused was so nearly convicted that it alone was required to confirm his guilt.* Diocletian ordered that proceedings should never l)c commenced with torture, but that it might be employed wlicn requisite to complete tlie proof, if other evidence aflVmlcd rational l)clicf in the guilt of the accused.* What was the exact value set upon evidence procured by torture it would be diflllcult at this day to determine. We have seen above that Augustus pronounced it the best form of proof, but other legislators and jurists thought differently. Modestinus affirms that it is only to be believed when there is no other mode of ascertaining the truth.' Adrian cau- tions his judges not to trust to tlio torture of a single slave, but to examine ^ cases by the light of reason and argument.* According to XJlpian, the imperial constitu- tions provided that it was not always to be received nor always rejected ; in his own opinion it was unsafe, danger- * L. S INg. XLTiii. six. (UlpUn.) * TorniMiU RoUm adbib«Bda lanl non qouiU Mcatalor poftolftl ; Md at ■loderatM raUonit Um\|wnim«Bto dMidei«ot.->L. 10 f 3 Dig. XLTiii. x?iU. * li. tl nig. xtTiii. xviU. * L. S] Dig. XLTIIf. XTill. * L. 1 H !>(«• XLTIIf. xvili. (UlplMI.) * CobH. S Cod. f X. xti. (Dioelet el Maxln.) * L. 7. Dig. XX. ?. * K«« flli«\|a« in Mrrl aiiiot qaBtilone flden nl eotiiilia^ndiiiii, Md arga- ■itnite oaaMin •xamlMndam.— L. 1^4 Dig. xltiii. xtIH. (Ulplan.) 298 TOUTUBK. one, and dcccitrul, for some men were bo resolute ilmi ilicy would bear the extremity of torment without yielding, while others were so timid that tliroiigh fear they would at once inculpate the innocent.* From the manner in which Cicero alternately praises and discredits it, we can safely assume that lawyers were in the habit of treating it, not on any general principle, but according as it might affect their client in any particular case; and Quintilian remarks that it was frequently objected to on the ground that torture renders falsehood easy to some and necessary to others, in proportion to their ability or inability to en- dure pain.* That these views were shared by the public would appear from the often quoted maxim of Publius Syrus — ^^ Etiam innoceutes cogit mentiri dolor" — and from Valerius Maximns, who devotes liis chapter ^^Do Quius- tionibus" to three cases in which it was erroneously either trusted or distrusted. A slave of M. Agrius was accused of the murder of Alexander, a slave of G. Faunius. Agrius tortured him, and, on his confessing tlie crime, liauded him over to Fannius, who put him to dcatli. Sliortly afterwards, tlie missing slave returned home. This same Alexander was made of sterner stuff, for when he was subsequently sus- pected of being privy to the murder of 0. Flavins, a Roman knight, he was tortured six times ^nd persistently denied his guilt, though he subsequently confessed it and was duly crucified. A curious instance, moreover, of the little real weight attached to such evidence is furnished by the case of Fulvius Flaccus, in which the whole question turned upon the evidence of his slave Philip. This man was actually tortured eight times, and revised through it all to criminate his master, who was nevertheless condemned.' ' L. I f 23 Dig. XLYiii. x?Ul.~Ret ett firagUia ai perieolosa at qua Teri- totem fallat. * Altera Mspe etiam canaam falaa dioendi, quod allia patientia faeile men- daoiom faoiat, allia ioflrinitaa neoefsariom.— M. F. QuintU. Inat. Oral. v. Ir. ' Valer. Maxim. Lib. yui. o. iv. IN BOMS. 299 Quintiis Ctirtius probably reflects the popular feeling on the subject, in his pathetic narrative of the torture of Philo- tas on a charge of conspiracy against Alexander. After enduring in silence the extremity of hideous torment, ho promised to confess if it were stopped, and when the tor- turers were removed he addressed his brother-in-law Cra- tcrus, who was conducting the investigation: "Tell me what you wish me to say." Curtins adds that no one knew whether or not to believe his final confession, for torture is as apt to bring forth lies as truth.' From the instances given by Valerius Maxlmus, it may be inferred that there was no limit set upon the application of torture. The extent to which it might be carried appears to have rested with the discretion of the tribunals, for, with the exception of the general injunctions of mode- ration alluded to above, no instructions for its administra- tion are to be found in the Roman laws which have been preserved to us, unless it be the rule that when several persons were accused as accomplices, the Judges were directed to commence with the youngest and weakest.* Since the time of Sigonins, much antiquarian research has been directed to investigating the various forms of torture emplo^'cd by the Romans. They illustrate no principles, however, and it is sufllcient to enumerate the rack, the scourge, fire in its various forms, and hooks for tearing the flesh, as the modes gcnerall^^ authorized by law. The Christian historians, in their narratives of the fearful l)ersecutions to which their religion was exposed, give us a more extended idea of the resources of the Roman torture chaml)er. Thus Prudcntius, in his description of the mar- tyrdom of St. Vincent, alludes to a number of varieties, among which we recognize some that became widely used * Q. Oart. Rnf. ITInt. ti . xl. Aiic«p« eonJ^olnrA tti qaonlam et ▼•» f«ii> r«Mi\|ii et ffilM dierniibai Men dolorU flnls mtrnditar. * PssU Lib ?. S«nU. Tit sir. \ S.— L. IS Dig. xltiii. xrlil. 800 TORTUBS. in after times, allowing that little was left for modem inge- nuity to invent. "Vinoiam retoriU bnohilfl, Bannm m deonam exUiiidiUi, Compftgo doueo ooslam DIvalM membrmtim onipei. Pof t biDO blalola iotibus Kodato oof Umm abdiU Ut per laoQDas rnlneram J«car reteotam palpit«U • • • • Tano delude cnnctataa dia Decernil extrema omuiam : Igni, grabato, et laminU Bxeroeatar qaaBsilo. • • • • In boo baratbmm oonjeclt Traoaleniiu bosUa mari/rem Lignoqae plauUa iuserit, DiTarioaiU craribaa. Qain addii efc poDoam novaia Cracia peritna ariifox, Nalli tjranno oogDitam Neo fando compertatn ruiro. Fragmenta teatarum Jatiei HIrta impolltia angalia Aoaminata, infoimia, Tergo Jaoentia atemere. Totum cnbile aplcnlia Armani dolorea anxii : Inaomne qui anbter latna Maonme pnlaeiii obvio." eto.' I have dwelt thus at length on the details of the Roman law of torture because, as will be seen hereafter, it was the basis of all modern legislation on the subject, and has left its impress on the far less humane adiuinistration of crimi- nal Justice in Eurojie almost to our own day. Yet at Orst it seemed destined to disapi)car utterly from hunuin sight with the downfall of the Roman power. In turning from the nicely poised and elaborate provi- sions of the Imperial laws to the crude Jurisprudence of the Barbarian hordes who gradually inherited the crumbling remains of the Empire of the West, we enter into social and political conditions so different that we are naturally led to expect a corresponding contrast in every detail of legislation. For the cringing suppliant of the audience xshamber, abjectly prostrating himself before a monarch who combines in his own person every legislative and executive function, we have the Aeeman of the Qerman Aurel. Prodcnt. d« Vino«ni. Iljinn. v. HARBARIAN Oil A RACTBRI8TI0S. 801 forosts, who Bitfi in council with his chief, who frames the laws which both arc bound to respect, and who pays to that cliicf only the amount of obedience which superior vigor and intellect may be able to enforce. The structure of such a society is fairly illustrated by the incident which Gregory of Tours selects to prove the kingly qualities of Clovifl. During his conquest of Gaul, and before his con- version, his wild followers pillaged the churches with little ceremony. A bishop, whose cathedral had suffered largely, sent to the king to request that a certain vase of unusual size and beauty might be restored to him. Clovis could only promise that if the messenger would accompany him to Soissons, where the spoils were to be divided, and if the vase should chance to fall to his share, it should be restored. AVhcn the time came for allotting the plunder, he addressed his men, requesting as a special favor that the vase might l>e given to him before the division, but a sturdy soldier, brandishing his axe, dashed it against the vase, exclaiming, "Thou shalt take nothing but what the lot assigns to thee." For a year, Clovis dissembled his resentment at this rebuff, but at length, when opportunity offered, he was prompt to gratify it. While reviewing and insiiccting his troops, he took occasion to bitterly reproach the uncourtly Frank with the condition of his weapons, which he pronounced unserviceable. The battle-axe excited his especial displeasure. lie threw it angrily to the ground, and as the owner stoo])cd to pick it up, Clovis drove his own into the soldier ^s head, with the remark, " It was thus you served the vase at Soissons."^ This iiersonal independence of the freeman is one of the distinguishing characteristics of all the Teutonic institu tlons of that age. Corporal punishments for him were unknown to the laws. The principal resource for the repres* sion of crime was by giving free bcoims to the vengeance of * Oreg. TaroD. IlUii. FrMC. Ub. ii. e. zstU. 802 TORTUBB. the injured party, and by providing fixed rates of composi- tion by whick he could be bought off. As the crim inal could defend himself with the sword against the faida or feud of his adversary, or could compound for his guilt with money, the suggestion of torturing him to extort a confession would : seem an absurd violation of all his rights. Crimes were I regarded solely as injuries to individuals, and the idea ' that society at large was interested in their discovery, punishment, and prevention, was entirely too abstract to have any influence on the legislation of so barbarous an age. . Accordingly, the codes of the Ripuarians, the Alamanni, the Angli and Werini, the Frisians, the Saxons, and the Lombards contain no allusion to the employment of tor- ture under any circumstances ; and such few directions for its use as occur in the laws of the Salien Franks, of the Burgundians, and of the Baioarians, do not conflict with the general principle. The personal inviolability which shielded the freeman ' cast no protection over the slave. lie was merely a piece of property, and if ho were susixscted of a crime, the readiest and speediest way to convict him was naturally adopted. His denial could not be received as satisfactory, and the machinery of sacramental purgation or the judicial duel was not for him. If he were charged with a theft at home, his master would undoubtedly tie him up and flog him until he confessed, and if the offence were committed against a third party, the same process would necessarily be adopted by the court. Barbarian logic could arrive at no other \ mode of discovering and repressing crime among the friend- less and unprotected, whose position seemed to absolve them from all moral responsibility. The little that we know of the institutions of the ancient Gauls presents us with an illustration of the same prin- ciple developed in a somewhat different direction. Co^ar states that, when a man of rank died, his relatives assem- THE BARDARTANB. 803 bled and investigated tlic circumstances of his dcatli. If suspicion aliglitcd upon his wives, they wfere tortured like slaves, and if found guilty were executed with all the refinements of torment.* In accordance with this tendency of legislation, therefore, we And that among the Barbarians the legal regulations for the torture of slaves are intended to protect the interests of the owner alone. The master, indeed, could not refuse his slave to the torturer, unless he were willing to pay for him the full wehrgild of a freeman, and if the slave con- fessed under the torture, the master had no claim for com- fiensation arising either from the punishment or crippling of his bondman.* When, however, the slave could not be forced to confess and was acquitted, the owner had a claim for damages, thongli no comi)ensation was made to the unfortunate suflbrer himself. The original law of the Bur- gundians, promulgated in 41 1, is the earliest of the Teutonic codes extant, and in that we find that the accuser who failed to extract a confession was obliged to give to the owner another slave, or to pay his value. The Baioarian law is equally careful of the rights of ownership, but seems in addition to attach some slight shade of criminality to the excess of torture b}' the further provision that, if the slave die under the torment without confession, the prosecutor shall pay to the owner two slaves of like value, and if unable to do so, that he shall himself be delivered up as a slave.* The Salique law, on the other hand, only guards * D* B«n. Gan. Ti. lU. * Than* proTltiont ar« only fpeoltted In lh« SftHqv* Law (Firtt Text of Pard«9f««, Tit. XL. H <• 7, 8, 0. IO.~L. Bmend. Tit. ZLii. H 8, 0, 10. 11. 12, IS), bnt tbey woro donbtlera embodied in tbe pnietiee of the olber tribeo. * L. Bnrgnnd. Tit. Til. — The other nllniiont to tortore In tbli oode. Tit. xxxfx. H If >• '"^ Tit. LZXTii. H If >» •l>o r«f«r only to ilaTOf, oolonl, Mid orlKlnnrlL Ptrtont entpeeted of being fbgltiTo ilaTOi wero alweyi tortnred to ueertotn tbe Ibet, wbleb la In direet eontradiotlon to tbe prlaolplof of tbo RoaiMi law. * L. BaloAr. Tit tiii. e. ztIII. H I, 2, S. 304 TOETUEK. the interests of the owner by limiting tlie torture to 120 blows with a rod of the thiclmess of the little finger. If this does not extort a confession, and the accuser is still unsatisfied, he can deposit the value of the slave with the owner, and then proceed to torture him at his own risk and pleasure.* It will be observed that all these regulations provide merely for extracting confessions ttom accused slaves, and not testimony from witnesses. Indeed, the system of evi- dence adopted by all the Barbarian laws for freemen was of so different a character,* that no thought seems to have been entertained of procuring proof by the torture of wit- nesses. The only allusion, indeed, to such a possibility shows how utterly repugnant it was to the Barbarian modes of thought. In some MSS. of the Salique law there occurs the incidental remark that when a slave accused is under the torture, if his confession implicates his master, the charge is not to bo believed." Such was the primitive legislation of the Barbarians, but though in principle it was long retained, in practice it was speedily disreganlcd by those whom irrcsiioiuiiblc i>owcr elevated above the law. The Roman populations of the con- quered territories were universally allowed to live under their old institutions ; in fact, law everywhere was personal and not territorial, every race and tribe, however intermingled on ' t. Salio. First Text, Tit. XL. H 1> >. <• ^•— ^* Bmend. Tit. zlii. H h 2, 8, 4, 6.— In a treaty between Cbildebert nnd CloUir, about tbe year 69S, there It, boweTer, a olanse wbiob would appear to indicate tbot in doubtful eoeei elaTee were lubjected, not to torture, but to tbe ordeal of ebanoo. ** 81 gerroa in furto fuerit inenlpatui, reqniratnr a domino ni od TigiaU noetet Ipeum in mallnm prmentet. Bt gi dnbietot eot, ad lortem ponatur." (Pttoi. pro Tenore Pooif eap. r. — Balot.) Thie wa« probably only a temporary international regulation to prevent frontier quarrels and reprisals. That it bad no permanent force of law is eTident from tbe retention of the prooednres of torture in all the texts of the Salique law, inoluding the roTlsion by Obar- lemogne. « Plr»t Text, Tit. XL. f 4.— MS. Monaster. Tit. XL. f S.— L. Bmand. Tit. XLIl. § 6. TIIR MKEOvl^GIANB. 805 the samo soil, being subjected to its own system of jurispra- ficncc. The summary process of extracting confessions and testimony which the Roman practice thus daily brought under the notice of the barl>arians could not but bo attrac- tive to their violent and untutored passions. Their political 83'stem was too loose and undeflncd to maintain tlie fireedom of the Sioambriau forests in the wealthy plains of France, and the monarch, who, beyond the Rhine, had scarce been more than a military chief, si)cedily l)ccamo a desiK)t, whose \|)owor over those immediately around him was limited only by the fear of assassination, and over his more distant sub- jects by the facility of revolution. When all thus was violence, and the law of the strongest was scarcely tempered by written co<les, it is easy to imagine timt the ficrsoual inviolability of the freeman s))ee<llly ceased to guarantee protection. In the long and deadly struggle lietwceu Fre<legonda and Brunliildn, for example, the fierce passions of the adversaries led them to employ without scruple the most cruel tortures in the endeavor to fathom each other's plots.' A single ease may be worth recounting to show how completely torture had become a matter of course as the first resource in the investigation of doubtful questions. When fjcudastes, about the year 580, desired to ruin the pious IMshop Gregory of Tours, he accused him to Chilix^ric I. of slandering the fair fame of Queen Frede* gonda, and suggested that full ])roof for condemnation could lie had by torturing Plato and Gallienus, friends of the bishop. He evidently felt that nothing further was re<\|uired to substantiate the charge, nor does Gregory him* self, in narrating the aflhir, seem to think that tliere was anj' thing irregular in the proi>osition. Gallienus and Plato were scixcd, but Aom some cause were discharged unhurt. Then a certain Riculfhs, an accomplice of Leudastes, was ' Qng, Taron. Hift. Frano. Lib. Tti. e. xs.—Alnoln. Ub. ill. o. ixi. xUI. II. Ixir. IxTil.—PlodoArd. Iliti. R«iii«nt. Lib. ti. o. U. 2G 806 TOBTUEX. reproached for his wickedness by a man named Modesios, whereupon he accuaed Modeatna to Fredegonda, who promptly canaed the unhappy wretch to be aeyerely tor- tured without extracting any information from him, and he waa impriaoned until released by the miraculoua aid of St. Medard. Finally, Gr^ory cleared himself canonically of the imputation, and the tables were turned. Leudastes Bought safety in flight. RiculfVis was not so fortunate. Gregory begged hia life, but could not save him from being tortured for confession. For six hours be was hung up with his hands tied behind his back, and then, stretched upon the rack, he was beaten with clubs, rods, and thongs, by as many as could get at him, until, as Gregory naively remarka, no piece of iron could have borne it. At last, when nearly dead, his resolution gave way, and he confessed the whole plot by which it had been proposed to get rid of Chilperic and Fredegonda, and to place Clovis on the throne.* Now, Plato, Gallienus, and Modeatus were probably of Gallo-Roman origiu, but Kiculfus was ovldcutly of Teu- tonic stock ; moreover, ho was a priest, and Plato an arch- deacon, and the whole transactiou shows that canon law and Prankish law were of little avail against the unbridled passions of the Merovingian. Of all the Barbarian tribes, none showed themselves so amenable to the influences of Iloman civilization as tlic Goths. Their comparatively settled habits, their early con- version to Christianity, and their position as allies of the empire long before they became its conquerors, reiulereil ttiem far less savage under Alaric than were tlie Franks in the time of Clovis. Tlie permanent occupation of Septi- mania and Catalonia by the Wisigoths, also, took place at a period when Rome was not as jet utterly sunk, and when the power of her name still possessed something of its ■ Grogor. Taron. IlUt. Franc. Lib. r. o. xllz. TUB OSTBOOOTnS. 807 undent inflnence, which could not but modify the insUtu- tions of the ncw-comcrs as they strove to adapt their primi- tive customs to the altered circumstances under which they found themselves. It is not to be wondered at, there- fore, if their laws reflect a condition of higher civilisation than those of kindrctl races, and if the lloman Jurispru- dence has left in them traces of tlie appreciation of that wondcrftil work of the human intellect which the Goths were sufficiently enlightened to entcrUin. The Ostrogoths, allowing for the short duration of their nationality, were almost as much exposed to the Influences of Rome. Their leader, Theodoric, had been educate^ in Constantinople, and was Ihlly as mnch a Roman as many of the Barbarian soldiers who hod risen to high station under tlMJ emiKsrors, or even to the throne itself. All W» effort* were directed to harmonizing the institutions of his dif- ferent subjects, and he was too enlightened not to see the manifest superiority of the Roman polity. His kingdom was too evanescent to consolidate and per- fect ito institutions or to accumulate any extended body of Jurisprudence. What little exists, however, manifests a compromise between the spirit of the Barbarian tribes of tlie iieriotl and that of the conquered mistress of the world. The Edict of Theodoric docs not allude to the torture of freemen, and it is probable thot the free Ostrogoth could not legally be subjected to It "With respect to slaves. Its provisions seem mainly borrowed from the Roman law. No slave could lie tortnred agalnsta third party for evidence ' unless the Informer or accuser was prepared to indemnify i the owner at his own valuation of the slave. No slave \ could lie tortunxl against his master, but the purchase of a ' slave to render his testimony Illegal was pronounced null and void ; the purchase money was returned, and the slave was tortured. The Immunity of frcodmcn Is likewise shown by the cancelling of any manninlsnlon conferred for the 808 TOBTUBS. purpose of preventing torture for evidence.* Tbeocloric, however, allowed his llomoji subjects to be governed by their ancient laws, and he apparently had no repugnance to the use of torture when it could legally be inflicted. Thus he seems particularly anxious to ferret out and punish sorcerers, and in writing to the Prefect and Count of Borne he urges them to apprehend certain suspected parties, and try them by the regular legal process, which, as wo have seen, by the edicts of Constautius and his successors, was particularly severe in enjoining toilure in such cases, both as a means of investigation and of punishment.* Qn the other hand, the Wisigoths founded a \|)crmanent state, and as they were the only race whose use of torture was uninterrupted from the period of their settlement until modem times, and as their legislation on the subject was to a great extent a model for that of other nations, it may be worth while to examine it somewhat closely. The earliest code of the Wisigoths is supposed to have been compiled by Eurik, in the middle of the fifth century, but it was subsequently much modified by recensions and additions. It was remoulded by Chindaswind and Uecas- wind about the middle of the seventh century, and it has reached us only in this latest condition, while the MSS. vary so much in assigning the authorship of the various laws, that but little reliance can be placed upon the assumed dates of most of them. Chindaswind, moreover, in issuing his revised code, prohibited for the future the use of the Roman law, which had previously been in force among the subject popidations, under codes specially pre- pared for them by order of Alaric II. Thus the Wisigothic laws, as we have them, are not laws of race, like the other Barbarian codes, but territorial laws carefully digested for a whole. nation by men conversant alike with the Boman and with^ their own ancestral Jurisprudence. ' Bdloi Thcodor. oap. o. oi. cU. * Gaailodor. Variar. it. ziU. xxlli. THE WISIGOTnS. 800 It 18 therefore not surprising to And in them the nse of torture legalized somewhat after the fashion of the impe- rial constitutions, and yet with some humane modifications and restrictions. Slaves were liable to torture under accu- sation, but the accuser had first to make oath that he was actuated by neither fraud nor malice in preferring the charge ; and ho was further obliged to give security that he would deliver to the owner another slave of equal value if I the acxused were acquitted. If an innocent slave were / crippled in the torture, the accuser was bound to give two of like value to the owner, and the accused received his freedom. If the accused died under the torture, the Judge who had manifested so little feeling and discretion in per- mitting it was also fined in a slave of like value, making three enuring to the owner, and careful measures were pre- scril)ed to insure that a proper vahmtion was made. Jf the accuser were unable to meet the responsibility thus incurred, I he was himself forfeited as a slave. Moreover, the owner was always at liberty to save his slave from the torture by proving his innocence otherwise if possible; and if he suc- ceeded, the accuser forfeited to him a slave of equal value, and was obliged to pay all the costs of the proceedings.' Freedmcn were even better protected. They could only be tortured for crimes of which the penalties exceeded a ccKain amount, varying with the nature of the freedom enjoyed by the accused. If no confession were extorted, and tlie accused were crippled in the torture, the Judge and the accuser were lK>th heavily fined for his benefit, and if he dic<1 the fines were paid to his family.* There could have been little torturing of slaves as wit- nesscs, for in general their evidence was not admissible, even under torture, against any freeman, including their masters. The slaves of the royal palace, however, could ■ L. WUigoih. Lib. Ti. Tli. i. I. 6. * Ibid. 310 TOETUEK. give testimony as though they were freemen,* and, as in the Roman hiw, there were certain exccx>ted crimes, such as treason,, adultery, homicide, sorcery, and coining, in accusations of which slaves could be tortured against their masters, nor could they be preserved by manumission against this liability." As regards freemen, the provisions of different portions of the code do not seem precisely in harmony, but all of them throw considerable difficulties in the way of pro- cedures by torture. An early law directs that, in cases of thefb or fraud, no one shall be subjected to torture unless the accuser bring forward the informer, or inscribe himself with three sureties to undergo the lex talionis in case the accused prove innoceut. Moreover, if no coufcssiuu were extorted, the informer was to bo produced. If the accuser could not do this, he was bound to name him to the Judge, who was then to seize him, unless he were protected by some one too powerful for the judicial authority to control. In tills event it was the duty of the Judge to summon the authorities to his aid, and in default of so doing he was liable for all the damages arising from the case. The in- former, when thus brought within control of the couil, was, if a freeman, declared infamous and obliged to pay ninefold the value of the matter in dispute ; if a slave, six- fold, and to receive a hundred lashes. If the freeman were too poor to pay the fine, he was adjudged as a slave in common to the accuser and the accusctl.* A later law, issued by Chindaswind, is even more careful in its very curious provisions. No accuser could force to the torture a man higher in station or rank than himself. The only cases in which it was i)ermittcd for nobles were those of treason, homicide, and adultery, while for freemen of humbler position the crime must be rated at a fine of ' L. WUIgoth. II. It. 4. • Ibid. Yi. I. 4; YII. vl. 1 J Tin. If. 10, 11. • IbW. Tl. i. 1. THB wisiooTns. 811 500 flolifli at Icnst. In these cases, an open trial was first lirescrilicd. If this were fruitless, the accuser who desired to push the matter bound himself in case of failure to deliver himself up as a slave to the accused,' who could maltreat him at pleasure, short of taking his life, or com- imund with liim at his own valuation of his sufferings* Tlio torture tlien might last for tlirce days ; the accuser was the torturer, subject to the supervision of the Judge, au<l miglit inflict torment to any extent that his ingenuity could suggest, sliort of producing iKrmanent injury orf doatli. If death resulted, the accuser was delivered to the relatives of the deceased to be likewise put to death ; the Judge who had permitted it through collusion or corruption was ex\|>08cd to the same fate, but if he could swear that he had not licen bribed by the accuser, he was allowed to escape with a fine of 600 solid!. A very remarkable regula- tion, moreover, provided against false confessions extorted by torment. The accuser was obliged to draw up his accu- sation in all its details, and submit it secretly to the Judge. Any confession under torture which did not agree substan- tially with this was set aside, and neither convicted the accused nor released the accuser from the penalties to which he was liable.* Under such a system, strictly enforced, few persons would lie found hardy enough to incur the dangers of sub- jecting an adversary to the rack. As with the Franks, however, so among the Wisigoths, the laws were not pow- erful enough to secure their own observance. The authority of (he kings grew gradually weaker and less able to repress the Assumptions of ambitious prelates and unruly grandees, and it is easy to imagine that in the continual struggle all IHirtirs sought to maintain and strengthen their position hy an hnbitnnl disregard of law. At the Thirteenth Coun- cil of Toledo, in 683, King Krwig, in his oi)eniug address, * L. WIfflgoUi. Yi. i. s. 812 TOBTURB. alludes to the frequent abuse of torture in contravention of the law, and promises a reform. Tlie council, in turn, de- plores the constantly recurring cases of wrong and suffering wrought ^^regiiB subtilitatis astu vel profanie potostatis instinctu," and proceeds to decree that in Aiture no freeman, noble, or priest shall be tortured unless regularly accused or indicted, and properly tried in public ; and this decree duly received the royal confirmation.* As the Qoths emerge again into the light of history after the Saracenic conquest, we find these ancient laws still in force among the descendants of the refugees who had gathered around Don Pelayo. The use of the Latin tongue gradually faded out among them, and about the twelfth or thirteenth century the Wisigothic code was translated into the popular language, and this Romance version, known as the Fuero Juzgo^ long continued tlie source of law in the Peninsula. In this, the provisions of the early Gothic monarchs respecting torture are textually preserved, with two trifling exceptions which may reason- ably be regarded as scarcely more than mere errors of copyists.* Torture was thus muiutaiucd in Kpuiu as an unbroken ancestral custom, and when Alfoiiso the Wise, about the middle of the thirteenth century, attempted to revise the Jurisprudence of his dominions, in the code known as Las Siele Fartidaa which he promulgated, he only simplified and modified the proceedings, and did not remove the practice. Although he proclaimed that the ' OonoH. ToUUn. XIII. ann. 68S» can. it. • 8m the Fu«ro Juxgo. Lib. i. Tit. iii. 1. 4; Tii. It. I. 4.— Lib. iii. Tit. ir. 11. 10, 11.— Lib. VI. Tii. i. 11. 2. 4, 6.~Lib. vii. Tii. i. 1. 1 ; Tii. tI. 1. 1. Th» only poinii in which iheio Tary f^om the onoicni lawi ara thai in Lib. Ti. Tit. i. 1. 2, adttliary if noi inoladed among tha orimat for tvtpioion of which noblcf can be iorturcd, and thai tha noousar if noi diracicd io con* dooi iha ioriura. In Lib. vii. Tii. i. 1. I, alio, the informer who fliilf io oonviei if condemned only in a f ingle One, and noi ninefold ; be if, however, af in the original, declared infamouf, af a ladro; if a flave, the penaliy if iha fame af with the Witigothf. SPAIN. 818 pcraon of man is tlio noblest thing of earth — ^^^La persona del home cs la mas noble oosa del niundo''' — ^lie held that strifics and other torture inflicted Judicially were no dis- honor, even to Spanish sensitiveness.* Though, moreover, he declared that hidden crimes were often discovered by means of torture when no other mode was available,* still he could not shut his eyes to the perilous nature of such testimony, and he decreed that no confession extorted by torture, or by the fear of dishonor or death, had any valid- My.* To reconcile the irreconcilable, therefore, he adopted an expedient which subsequently became almost universal throughout Europe. After confession under torture, the prisoner was remanded to his prison. On being subse- quently brought before the Judge, he was again interro- gated, when, if he persisted in his confession, he was condemned. If he recanted, ho was again tortured ; and, if the crime was grave, the process could be repeated a third time: but, throughout all, he could not be convicted unless he made a free confession apart from the torture. Even after conviction, moreover, if the Judge found reason to liclicve that the confession was the result of fear of the torture, or of rage at being torturc<1, or of insanity, the prisoner was entitled to an acquittal.* Evidently, there was little real confidence reposed in the procedure, and yet this want of faith only doubled or trebled its severity. Alfonso's admiration of the Roman law led him to bor- * ParUdai, P. Til. Tit 1. 1. S6. • Ibid. P. Tti. Tit Is. 1. 16. * Car por log tormcniofl aabtn loa JvdgadorM mnebai tmm la Tardad da Im malof feeboa aaavblartoa, qna nan m podriaa aabar dotim §>!». — Ibid. P. Tit. Tit XXX, 1. 1. * P«»r pram la da toraanloa 6 fcrldat, 6 por alado da maaria 6 da dafboar» qna qeleran fkear i loi bonnaa, eonoaean i lat Tagadaa algaaaa aaaaa qna da pv KrmAo nan laa aonoteariaa : a par anda daelnioa qva la aonoaoanala qna f aero fecba an algnna dcaiaa manaraa qna non daba Tnlar nln ampatea nl qna la Ibea.— Ibid. P. iti. Tit xlll. 1. 5. * Ibid* P. Til. Tit XXX. I. 4.~Porqna la aonaiaanain qna 99 feahn an al tonnania, li non fnara aontmada daapnoa aln pramln, non af Tnladam. 27 814 TOBTUEB. row much Arom it rather than from tlio Gothic coilo, tlioiigh both are represented in the provisions which ho established. Thus, except in accusations of treason, no one of noble blood could be tortured, nor a doctor of laws or other learning, nor a member of the king's council, or that of any city or town, except for official forgery, nor a pregnant woman, nor a child under fourteen years of age.* So, when several accomplices were on trial, the torturer was directed to commence with the youngest and worst trained, as the truth might probably bo more readily extracted tvom him.* The provision, also, that when a master, or mistress, or one of their children was found dead at home, all the household slaves wore liable to torture in the search for the murderer, bears a strong resemblance to the cruel law of the Romans, which condemned them to death in case the murderer remained undiscovered.' The regulations concerning the torture of slaves are founded, with little variation, on the Roman laws. Thus the evidence of a slave was only admissible under torttiie, and no slave could be tortured to prove the guilt of a present or former owner, nor could a frecdman, in a case concerning his patron, subject to the usual exceptions which we have already seen. The excepted crimes enu- merated by Alfonso are seven, viz: adultery, embezzle- ment of the royal revenues by tax collectors, high treason, murder of a husband or wife by the other, murder of a Joint owner of a slave by his partner, murder of a testator by a legatee, and coining. With the slave, as with the ' PariUUt, p. 11. Til. zxt. I. 24. Bzoept tb« fftTor ibown to th« learned profeiiionti " per honr de la MoieneU/' whioh aftarwardu bceame general ibrougbooi Borope, tbete proTiiiont may all be fonnd in the Roman law. — Oonet. 4 God. ix. vili. ; L. S Dig. xlviii. xIx. ; L. 10 Dig. xlyiii. ZTiii. { Const. 11 Cod. IX. zll. * Partldae, P. rit. Tit. xxx. I. 6.— ImiUUd from L. 18 Dig. xlyiii. xviii. ' ParUdaf, P. yii. Tit. zxx. 1. 7. CC Taoit. Annal xiy. xlilL-xU. SPAIN. 815 freeman, all tostimonj nndcr torturo required subsequent confirmation.^ There is one noteworthy innovation, however, in the Partidos, whicli was subsequently introduced widely into the torturo codes of Europe, and which, in theory at least, f<roatly extended their sphere of action. This was the lia- bility of freemen as witnesses. When a man's evidence was yacillating and contradictory, so as to afford reason- able suspicion that he was committing perjury, all criminal Judges were empowered to subject him to torture, so as to ascertain the truth, provided always that he was of low condition, and did not belong to the excepted classes." With all this, there are indications that Alfonso de- signed rather to restrict than to extend the use of torture, and, if his general instructions could have been enforced, there must have been little occasion for its employment nndcr his cmle. In one passage, he directs that when the evidence is insufllcicnt to prove a charge, the accused, if of good character, must be acquitted ; and in another, he orders its application only when common report is ad- verse to a prisoner, and he is shown to be a man of bad repute.* Besides, an accuser who failed to prove his charge was alwa^'S liable to the lex /a/tont>, unless he were prose- cuting for an offence committed on his own person, or for the murder of a relative not more distant than a brother or sistcr^s child.' The Judge, moreover, was strictly enjoined not to execcd the strict rules of the law, nor to carry the torture to a \|)oiut imiierilling life or limb. If he deviated from these limits, or acted through malice or favoritism, he was liable to a similar infliction on his own person, or to a \|>enalty greater than if he were a private individual.* ■ ParildM. p. Til. Tit. zii. I. 16. • Ihld. P. tit. Tit xvl. I. 43.~P. Tti. Tit. zsz. I. 8. ' PitrildM, P. Tti. TH. 1. 1. S6, •• bo«« mal •nlkirtido.*— P. Til. Tit »i. 1. S, •• Bl tl tiwf hoB« do mala Ikat 6 tU." Ihld. P. Til. Tit. i. I. M. Ibid. P. VII. Tit zix. I. 4 ; Tit iz. 1. 16. 816 TOBTUUB. The liability of witnesseB was fVirther circumscribed by the fiict that in cases involving coiporal punishment, no one could be forced to bear testimony who was related to either of the parties as far as the fourth degree of consan- guinity, in either the direct or collateral lines, nor even when nearly connected by marriage, as in the case of fathers-in-law, step-children, &c.' Orders to inflict torture, moreover, were one of the few procedures which could bo appealed from in advance. Several of these limitations became generally adopted throughout Europe. We shall see, however, that they afforded little real protection to the accused, and it is more than probable that they received as little respect in Spain as elsewhere. There were many varieties of torture in use at the pe- riod, but Alfonso informs us that only two were commonly employed, the scourge and the strappado, or hanging the prisoner by the arms while his bade and legs were loaded with heavy weights.' The former of these, however, seems to be the only one alluded to throughout the code. As a whole, tlio Tartidas were too elaborate and too much in advance of the wants of tlio age to be successful as a work of legislation. With the death of Alfonso tliey became discredited, but still retained a certain amount of authority, and, a hundred years later, in the Ordenamiento di Alcal^ of Alfonso XL, issued in 1848, they are referred to as supplying all omissions in subsequent codes.* It is probable that, in his system of torture, Alfonso the Wise merely regulated and put into shape the customs prevalent in his territories, for the changes in it which occurred during the succeeding three or four centuries are merely such as can be readily explained by the increasing influence of the revived Roman Jurisprudence, and the intro- duction of the doctrines of the Inquisition with respect to > Partial P. Yii. Tli. xxx. I. 0. • Ibid. P. III. Tli. xxiU. 1. IS. • Ibid. P. Til. Tii. XXX, I. 1. • OrdeoMDiento di Alctdk, Tii. xxwHl I. 1. SPAIN. 81? criminal procedures. In the flnal slmpe which the adminis- tration of torture assumed in Spain, as described by Yilla- dicgo, an eminent legist writing about the year 1600, it was onl}' employed when the proof was strong and yet not sufll- ciciiFior conviction. No allusion is made to the torture of witnesses. The system of repeating the torture on succes- sive days, if the accused recanted during tlie interval, had apparently fallen into desuetude, for Yilladiego condemns the cruelty of some Judges who divide the torture into three days in order to render it more effective, since, after a certain prolongation of torment, the limbs begin to lose their sensibilitj, which is recovered after an interval, and on the second and third days they are more sensitive than at flrst. This he pronounces rather a reiKstition than a continuation of torture, and reiietition was illegal unless rendered necessary by the introduction of new testimony. Ah in the thirteenth century, nobles, doctors of laws, preg- nant women, and children under fourteen were not liable, except in cases of high treason and some other heinous offences, among which the bigotry of the age had introduced ^ ( ^eresy.v The clergy also were now exempted, unless pre- viously condemned as infamous, and advocates engaged in pleading enjoyed a similar privilege. The Partidas allow torture in the investigation of comparatively trivial offences, but Yilladiego states that it should only be employed in the case of serious crimes, entailing bodily punishment more severe than the torture itself, and torture was worse than the loss of the hands. Thus when only banishment, fines, or imprisonment were involved, it could not be used The penalties incurred by Judges for its excessive or im- proi)or application were almost identical with those pre- scril>ed by Alfonso, and the limitation that it should not be allowed to endanger life or limb was only to be exceeded in the case of treason, when the utmost severity was per- missible. Many varieties were in use, but the most common wore tlie strappado and )K>u ring water down the throat; 27 ♦ 818 TOBTUBK. but when the-acouaed was so weak as to render these dan- gerouSi fire was applied to the soles of the feet ; and the use of the scourge was not unusual. As in the ancient laws, the owner of slaves was entitled to compensation when his bondmen were unjustly tortured. If there was no Justifi- cation for it, he was reimbursed in double the estimated yalue ; if the Judge exceeded the proper measure of torment, he made it good to the owner with another slaye.^ In turning to the other barbarian races who inherited the fragments of the Roman empire, we find that the introduc- tion of torture as a recognized and legal mode of investiga- tion was long delayed. Under the Merovingians, as we have seen, its employment, though not infrequent, was exceptional and without warrant of law. When the slow reconstruction of society at length began, its first faint trace is to be found in a provision ro8ixK;tlug the crime of sorcery and magic. These were looked upon with peculiar detestation, as unpardonable ofibnces against both Qod and man. It is no wonder then if the safeguards which the freeman enjoyed under the ordinary modes of Judicial procedure were disregarded in the case of those who vio- - lated every law, human and divine. The legislation of Charlemagne, indeed, was by no means merciful in its gen- eral character. Uis mission was to civilize, if possible, the savage and turbulent races comiK>sing his empire, and he was not over nice in the methods selected to accomplish the task. Still, he did not venture, even if he desired, to prescribe torture as a means of investigation, except in the case of suspected sorcerera, for whom, moreover, it is ordered indirectly rather than openly.* Yet, by this time, ■ y ilI«di«go, Gloif. ad Foero Joxgo, Lib. Ti. Tii. i. 1. 2, Qlon. c, d, ; /, g. ~Lib. TI. Tik i. I. 5, Gloas. b, c. * C»pU. O»rol. Mag. II. ann. 805, S zxt. (Baloi.). No oihar inUrpreUUoii ean waU ba givan of Uia dlraoUon *dUigantiMima azaminationa oonsirin- gaotor ai forta oonfliaaninr malornm qnn gaiaarank. Sad tali modaraUona flak aadam diatrioiio na yitam perdani." THE 0ABL0VINOIAN8. 819 the personal inviolnbilitj^of the.JhHannn jgaa^gone. The infliction of Btripes and of hideous mutilations is frequently (1ircctc<l in the Capitularies, and even torture and banish- ment for life are prescribed as a punishment for insulting bishops and priests in church." ' This apparent inconsistency is easily explicable. Though there was no theoretical objection to torture as a process I of investigation, yet there was no necessity for its employ- ment as a means of evidence. That the idea of thus using it in matters of great moment was not unfamiliar to the men of that age is evident when we And it ofllcially stated that the accomplices of Bernard, King of Italy, in his reliellion against Lonis-le-Ddbonnaire, ih 81T, on their cap- ture confcsscfl the whole plot without being put to the tor- ture.' Such inRtnnccfl, however, were purely exceptional. In ordinary matters, there was a complete system of attack and defence which supplemented all deficiencies of testi- mony in doubtful cases. Sacramental purgation, the wager of battle, and the various forms of vidgar ordeals were not only primeval customs suited to the feelings and modes of thought of the race, but they were also much more in harmony with the credulous faith inculcated by the church, and the church had by this time entered on the career of temfioral supremacy which gave it so potential a voice in fashioning the institutions of European society. For all these, the ministrations of the ecclesiastic were requisite, and in many of them his unseen interference might prove decisive. On the other hand, the humane precepts which forlmde the churchman from intervening in any manner in Judgments involving blood precluded his interference with the torture chamber ; and in fact, while torture was ' Cftpltttl. Lib. Ti. eap. enlz. 61 qvli epltoopo t«I aliif aliiblrif Inlrft MelttUm injttrlaai feeerlt, Jab«nat 9um tomenib nbjMtam In asUio norl .... Sin avUm eoniamelUia laalain feeerli, tonaeaili •! eilllo Iradalar. * Nan rolaa m tiailaai Md aliro •ilarn noa ailaioll qaatiloalbat oaiaeai Uehaam b^\|at raballloab daUgant— Qoldafi. Caaiitt lap. I. 161. 8S0 TOBTUBE. yet frequent under the Merovingians, the canons of vsrious councils prohibited the presence of any ecclesiastic in places where it was administered.* Every consideration, there- fore, would lead the church in the ninth centuiy to prefer the milder forms of investigation, and to use its all-powerful influence in maintaining the popular belief in them. The time had not yet come when, as we shall see hereafter, the church, as the spiritual head of feudal Christendom, would find the ordeal unnecessary and torture the most practi- cable instrumentality to preserve the purity of faith and the steadfastness of implipit obedience. In the ninth century, moreover, torture was incompatible with the forms of Judicial procedure handed down as relics of the time when every freeman bore his share in the public business of his sept. Criminal proceedings as yet were open and public. The secret inquisitions which afterwards became so favorite a system with lawyers did not then exist. The mallum^ or court, was perhaps no longer held in, the' open air,* nor were the freemen of the district con- strained as of old to be present,* but it was still free to ' Hon liA«t preibytoro nee dUeono ad trepaliam ubi r«i torqnaotar iUi«. — ConcU. Aatisaiodor. ftnn. 678, oan. zxziii. Ad loenm exAiniiiationia r«oraiii nnllai olerieonun aoe«d»i. — ConeU. Mailaeon. II. ann. 685, oan. ziz. * Under CharlemagD* and Lonifl-l«-IMbonnalr« iMnii to haY* oommeneed tha naaga of holding tbeoourt andar theltar. Thui Obarlamagna, ** Ut in locis nbi maUofl pabliona babari lolal, taotam tale eonttituatur qaod in bibarno at in mtaU obtanrandat ooa poMit"— (Capit. Carol. Mag. II. ann. 809« ^ ziii.). 8aa alio Capit. I. aod. ann- ^ zzy. Lonii-la-Ddbonnaira prohibila tba holding of aonrta in ehnrobai, and addi '* Volnmna ntiqna nt domni a oonita in loenm nbi mallnm tanera debet oonitrnatar, ut propter ealorca •olif at pluylam pnblioa ntilitaa non remaneat." — (Capit. Ludov. Pit I. ann. 819, i xiT.) ' In 709, we find Charlemagne oommanding the praianoa of all Draaman in the general judieial aasambljr bald twice a year, 'Ut ad mallum Yantranamo tardet, nnnm olroa nstatam at alternm eirca aatnmnum." At othari of Ian importance, they ware only bound to attend when summoned, ' Ad alia faro, •i neeaMitaa fnarit, yal denuneiatio regis nrgeat, Tooatns venire nemo tardet.' —(Capit. Carol. Mag. ann. 760, ^ zii.) FBVDALI8M. 881 every one. The accuser and his witnesses were oonfironted with the accused, and the criminal must be present when his sentence was pronounced.' The purgatorial oath was administered at the altar of the parish church ; the ordeal was a public spectacle ; and the Judicial duel drew thousands of witnesses as eager for the sight of blood as the Roman pIclM}. Tliese were all ancestral customs, inspiring im- plicit reverence, and forming part of the public life of the community. To substitute for them tlie gloomy dungeon througli whose walls no echo of the victim's screams could filter, where impassible Judges coldly compared the inco- herent confession wrung out by insufferable torment with the anonymous accusation or the depositions of unknown witnesses, required a total change in the constitution of society. The change was long in coming. Feudalism arose and consolidated its forces on the ruins of the Carlovingian em- pire without altering the principles upon which the earlier procedures of criminal Jurisdiction had been based. As the local dignitaries seized upon their fiefs and made them hereditary, so they arrogated to themselves the dispensa- tion of Justice which had formerly belonged to the'ccntral iwwcr, but their courts were still open to all. Trials were conducted in public uix>n well-known rules of local law and custom ; the Aillest opportunities were given for the defence; and a denial of Justice authorised the vassal to renounce the Jurisdiction of his feudal lord and seek a superior court. In 809, b« d«fllr«d tlial none tlioiild b« foretd to aiUnd anltii bo hftd but- BOW, " Ui nonot ad plMlion Yonlro eogmUr, bU qal oavana babol ad qarrondam/— (Capli. I. aan. 809, ^ ilil.) In SI9, Loalt ordorod ibai ibe frocnon ibonid attoad al loaal tbroo eonria a jear, ot nallvt eotampliaa plaelta obiorraro eompoUat, nlit forio qaltiboi aai aeoataiat faarll, aai allan aoeiiMTorU, aai ad laailmoalaai porblboadam Toealat raorii.>-(Capli. Lodov. PU. V. ana. 819, \ iIt.) * riaoaU al advamit abaanUf non Jadioatar. Quod aft faotaa IWorfl pro- laU soBlonUa non TaltbU.— Capital. Lib. t. ^ eoexL 822 TORTUttE. ( Still, as uudor the Mcrovingiana, torture, though un- ) recognized by law, was occasionally employed as an cxtra- •' ordinary element of judicial investigation, as well as a ^ -^ means of punishment to gratify the vengeance of the irre- , sponsible and cruel tyrants who ruled with absolute sway : , over their .petty lordships. A few such instances occur in the documents and chronicles of the period, but the terms in which they are alluded to show that they were regarded as irregular. Thus, it is related of Wenceslas, Duke of Bohemia, in the early part of the tenth century, that he destroyed the gibbets and fearful implements of torture wherewith the cruelty of his Judges had been exercised, and that he never allowed them to be restored.^ An individual case of torture which occurred in lOlt has chanced to be preserved to us by its ending in a miracle, and being the occasion of tlie canonization of a saint. A pious pilgrim, reputed to belong to the royal blood of Scotland, while wandering on the marches between the liavariaus and the Moravians, was seized by the inhabitants on suspicion of being a spy, and, to extort a confession, was cx\|)osed to a succession of tor- ments which ended by hanging liini on a witlieiXHl tree until he died. The falsity of the accusation and the sanctity of the victim were manifested by the uninterrupted growth of his hair and nails and the constant flowing of blood from a wound, while the dead tree suddenly put forth leaves and flowers. Margrave Henry of liavaria had him reverently buried, and he was duly enrolled in the catalogue of saints.* In the celebrated case, also, of the robbery of the church * R«gDabai antom Id Praga Weneilaiif I>«o ei hominlboi aooaptoa, qai InUr onUra qa» d« m pnsdioaatur, mirabUla tormeotorum genera •i pail- ' bola tnapandUt bomlnnm praparata dlrui feoii, ne immaoltaa Jodioam ez- ortioeret, na« rtparari loo Umpora parmliU — Annallii. 8a zo ann. 928. * In Bavarioram eonflnla atqae MaraTentlum quldam peregrin at, nomine Colomannui, ab Ineolii, quaal tpeoulator ewet, oapiinr, et ad profenlonem oolpn, qnam non memli, dirif oasUgaiionlbai oompelliiar, eto.— DiUiaarl Cbron. Lib. Tii. ad fin. TUB TWKLFTn OBNTUBT. 828 of FiAon, alK>ut the year 1100) tho stiiipcctcd thief wm, by direction of the bishop, basted with hot lard, in order to extort a confession,* and though this was nnsuccessful, a ])crReverance in the effort finally effected its purpose.* These are evidently rather siK>radic and exceptional cases than indications of any systematic introduction of the prac- tice. A more significant allusion, however, is found in the reproof administered, about 1125, by Uildobert, Bishop of io Mans, to one of his priests, who had been concerned in the torture of a susixscted thief, for the purpose of extract- ing a confession. Hildebert argues that the infliction of torture for confession is a matter for Judicial decision and not of church discipline, and therefore not fit for a clerk to be engaged in.* This would seem to show that it occasion- ally was a recogniKcd means of proof in the lay tribunals of the itcriml, though as yet not favore<l by the church. If so, no record of its introduction or evidence of its customary use has been preserved to us, though there is abundant evidence of its employment as a punishment and for the extortion of money. As a punishment legally inflicted, we find it prescribed, in 1108, by Fre<leric Barbarossa in cases of petty thefts,* and in the next century by Frederic 11. as a i)enalty for high treason.* S\|)ccial cases, too, may be instanced, where its infliction on a large scale shows that the minds of men were not unfamiliar with its use. Thus when, in 1125, the ■ lUe nadaian Urneqve prMtralttm aiqa* llgiilan, lardo eaUdo ttli p«r- faniU. Md nihil extorqncn polalt^HermaBnofl d« 8. Ifarte lAodea. Mira«. (Jarvil Obff«rvftl. in iTon. Bplat. IzxIt.)* * Qaib«ri. Norlogtnl. d« VlUk San, enp. stI. ' R«<M tormentif nflk«r« ▼•! inppllelb eziorqaaro oonfenlonoai Mnnra earliv mC non cccImIid dbwlpllnn. Und» at nb fjat nalmndTeralona nbailnarn deHnUii qnem pMaalnm innoi fnrlo tntplenrln aiiporln«« ; n«\|«« •nim enr- nlfez M ted Mcrifos. — IIIMeltcrt. Cenonina. Bpltl. zzx. ' Pi 4\|ai« qainqne Mlldoc miens nal pint fnerll fnrntnt Inqveo tat pendnUr : ■I Bilnaf, Mopit el forelpe ezeorieiar ol landalnr.^Feador. lib. ii. Til. SSTil. 4 A- - Fred. II. Lib. lUnerlpi, ft. H 1, 6. (QoldMt, Coatiit. lap. ii. M.) 824 TORTURE. inhabitants of Erfurt were guilty of some outrages on the imperial authority, and the town was besieged and captured by the Emperor Lothair, the chronicler relates that large numbers of the citizens were either killed, blinded, or tor- tured in various ways by the vindictive conqueror.* So summary and effective a mode of forcing the weak and unprotected to ransom themselves was not likely to be overlooked in those ages of violence, and though thejsxtra- Jttdidal .use of torture is foreign to our purpose, yet, as showing how men educated themselves in its employment, it may be worth while to allude briefly to this aspect of the subject. Thus Duke Swantopluck of Bohemia, in a marauding expedition into Hungary in 1108, caused to be racked or put to death all prisoners who could not purchase escape by heavy ransoms.* At the same peHod, Germany is described to us by an eyewitness as covered with feudal chieftains who lived a life of luxury by torturing the mis- erable wretches that could scarce obtain bread and water for their own existence.* In England, the fearAil anarchy which prevailed under King Stephen encouraged a shuilar condition of afiairs. The baronial castles which then multiplied so rapidly became mere dens of robbers who ransacked the country for all who had the unfortunate reputation of wealth. From these they extracted the last penny by tortures ; and the chronicler expatiates on the multiplicity and horrid ingenuity of the torments devised — suspension by the feet over slow fires; hanging by the thumbs ; knotted ropes twisted around the head ; crucet- houses, or chests filled with sharp stones, in which the victim was crushed ; sachentages, or frames with a sharp ' Trnoidaiifl alilf, aliis oasoatis, nonnullU diT«ni« ionnenionim generibiu •zenioUtb, muUiaqu* per divenis fugUDiibai. — Erphnrdianiu VarUoqau ann. 1125. * Alios interfeci joMit, alloi in eonleo raipengoi, paneii Toro, aooepla maigna pooania, Tiiam ooneassit. — Cotinai Progani. Lib. in. ann. 1108. * Ab bli qai pan* tolo at aqua ylciiiaro lolabani, deliolas libi ministrari tormanUa azigabant.— Annallit. Baxo ann. 1128. , DISAPPROVED BT THB OHU&OH. 825 iron collar preventing the wearer fl-om sitting, lying, or sleeping; dungeons filled with toads and adders; slow starvation, &c &c* Such experiments were a fitting educa- tion for the times that were to come. In all this, however, there is no evidence of the revival* of torture as a means of legal investigation. The commu4 nit}' was Ratisfled with the old barbaric forms of trial, and the church, still true to its humanizing instincts, lost not op\|K)rtuuit3' of placing the seal of its disapprobation on the whole theory of extorting confessions. The great nam(\| of Gregory I. was on record, as early as the sixth centuryj denouncing as worthless a confession extorted by incarce-i ration and hunger.* When Nicholas I., who did so much to build up ecclesiastical iK>wer and influence, addressed, in 8CG, his well-known epistle to the Bulgarians to aid and direct them in their conversion to tlie true faith, he recites that he is told that in cases of suspected theft, their courts endeavor to extort confession by stripes, and by pricking with a \|>ointed iron. This he pronounces to be contrary to all law, human and divine, for confessions to be valid should Iks spontaneous; and he argues at some length on the uncertainty of the system of torture, and the injustice to which it leads, concluding with a peremptory prohibition of its continuance." In the first half of the same century, the manufacturers ' Anglo-Rnxon Cbronlelt, ann. 1137. * 81 Unen Mmdem eonfoftloBem tnbUllUa •xuniaationlt •% ocevHif •llc«rii, ti Bon ftfllloilo ▼•beniMt •xlorqaerei; qaao freqacaWr hoe ftgli ai noiln* «• fnUri engnniiir eilmn innozil. Nam pottqaam pnefalai eplNopat, ■t dlellvr, ervelnrl eviiodla eramarlqae fame ee atterli, eeire debetit, tl ita e«t, atrtim noreai tl tie faerii eziorta eonfeMio.^Qregor. PP. I. Lib. Tin. ' Nicolni PP. I. Rpipi. zotU. ^ M. Qiiam rem nee dWIaa lex nee ha- mnna prorfan admlttll, earn non iaTlta ned tponUnea debeal eera eonfewlo .... Rellnqaile llaqae tallii, ei qam baelennN ln»lpient«e exereaistif, me- flallilat execramlnl, qarrn ealm fraclam hebal^tiii laae In lllbi In qalbni non erahetrillp* 2H 826 TOBTUBB. of the False Decretals had attributed to Alexander I. an epistle designed to protect the church from pillage and oppriession, in which that pontiff is made to threaten with infamy and excommunication those who extort confessions or other writings Arom ecclesiastics by force or fear, and to lay down the general rule that confessions must bo voluntary and not compulsory.* On the authority of this, Iyo of Ghartres, at the commencement of the twelfth cen- tury, declares that men in holy orders cannot bo forced to confess I* and half a century later, Qrfttian lays down / the more general as well as more explicit rule that no con- I fession is to be extorted by the instrumentality of torture." (This position was consistently maintained until the revival of the Roman law familiarized the minds of men with tlio procedures of the imperial jurisprudence, when the policy t of the church altered, and it yielded to the temptation of ^ obtaining so useful a means of reaching and proving the otherwise impalpable crime of heresy. The latter half of the twelfth century saw the study of the civil law prosecuted with intense ardor, and in the I beginning of the thirteenth. Innocent HI. struclc a fatal ; blow at the liarbaric systems of tlie ordeal and sacramental : compurgation by forbidding the rites of the church to the ; one and altering the form of oath customary to the other. The unreasoning faith which had reiK)8ed confidence in the boiling caldron, or the burning ploughshare, or the traineil champion as the special vehicle of Divuie Judgment, was fading before the Aristotelian logic of the schools, and dia- lectical skill could not but note the absurdity of acquitting ' PMvdo-Alezftnd. d«orei.«OmDibai orihodozlt" — OonfMsio rero in Ulibui non eompalia led iponUnaa fl«ri d«b«i. . . . Oonfanio enim non txiorqaerl deb«t in Ulibas, led potiu tponU profltori, penimam Mi •Dim dt tatpioione ant eztorta oonfenione qncmquftm judicar. Minitirorom oonfMiio non tit eziorU sed tiionUnea. — Ivon. Panorm. lY. ozviii. * Quod yero oonfenio cruoiatibiu oxtorquonda nou eit. — Dooreti Cam. xv. q. 0, can. 1. INFLUBNOK OP THE ROMAN LAW. 82T A culprit because he conUl l)eg or buy two, or five, or eleven men to swcnr to their l)e1icf in his oath of denial. Yet with all these influences at work, the ancestral cus- toms maintained their ground long and stubbornly. It is not until the latter half of the thirteenth centnrj^that the first faint traces of legalized torture are to be found in France, at whose University of Paris for more than a hundred years the study of the Pandects had become the almorbing topic, and where the constantly increasing power of the crown found its most valuable instruments in the civil lawyers, and its surest weapon against feudalism in the extension of the ro3'al Jurisdiction. In Germany, the progress was even slower. The decline of the central au- thority, after tlic death of Frederic Barbarossa, rendered any general change impossible, and made the absolutist principles of the imi)orial Jurisprudence especially distaste- ful to the crowd of feudal sovereigns, whose privileges wore l)cst sup]>orted by perpetuating organized anarchy. The early codes, therefore, the Sachsenspicgel, the Schwa- Ijcnspicgcl, the Kayser-l^echt, and the llichstich Landrecht, which regulated the Judicial proceedings of the Teutonic nations from the thirteenth to the fifteenth centuries, seem to know no other mode of deciding doubtful questions than sacramental purgation and the various forms of ordeal. During the latter \|)ortion of this period, it is true, torture begins to apfiear, but it is as an innovation. The first indications of the modem use of torture show distinctly that its origin is derived from the ciYina3¥. In the Latin kingdoms of the East, the Teutonic races were brought Into contact with the remains of the old civiliza- tion, impressive even in its decrepitude. It was natural that, in governing the motley collection of Greeks, Syri- ans, and Franks, for whom they had to legislate, they should adopt some of the institutions which they found in force amid their new possessions, and it is only sur- prising that torture did not form a more prominent feature • ( 328 TOETUBB. in their code. The earliest extant text of tlie Asnses de Jerusalem la not older than tlio thirteenth century, and tlie blundering and hesitating way in which it reoognizesi in a nngle inatanoe, the nae of torture shows how novel was the idea of sbch procedure to the feudal barons, and how little they understood the principles goyeming its application. When a murderer was caught in the act by two witnesses, he could be promptly hanged on their testimony, if they were strangers to the victim. If, however, they were relatives, their testimony was held suspect, and the confession of the accused was requisite to his conviction. To obtain this, he was subjected to torture for throe days ; if he confessed, he was hanged ; if obdurate, he was imprisoned for a year and a day, with the privilege of clearing himself during that period by the ordeal of the red-hot iron. If he declined this, and if during his confinement no additional evidence was procured, he was acquitted and could not be again appealed for the murder.* This shows the transition state of the question. The criminal is caught with the red hand and the evidence of guilt is complete, save that the witnesses may be interested ; confession thus becomes requisite, yet the failura to extort it by the most prolonged torment does not clear the accused;, t^e ordeal is resorted, to in order to supplement the torture, and solve the doubts which the latter could not remove; and finally, the criminal is absolved thougli he dare not trust the judgment of Qod, and though the uiicor- tuinties in wliich torture haul left the case ava not icuioved. ItQiy was the centre from which radiated the influences of the Roman law throughout Western Europe, mid, as might be expected, it is to Italy that we must look for the earliest incorporation of torture in the procedures of modem criminal j urisprudenoe. Probably the first instance of its use is to found in the legislation of Frederic II. for ' AnUei de JerniaUm, Bain Coort, cop. eoHz. REVIVED IN ITALY. 829 his Neapolitan provinces, promulgated in 1381; and the mode in which it is prescribed shows that it was as yet but s^iaringly employed. As Frederic was the earliest secular legislator who discountenanced and restricted the various forms of the ordeal, it was natural that, with his education and tcmix^ramcnt, ho should seek to replace them with the system of the Roman codes which ho so much admired. When a secret murder or other heinous crime was com- mittotl, and tlie most stringent investigation could not con- vict the i)cr\|)otrators, if the weight of suspicion fell on per- sons of humble station and little consequence, they could be torturc<l for confession. If no torment could wring from them an acknowledgment of guilt, or if, as often hap\|)cned ('prout accidcre novimns in plertsque'') their ros()]utif>n ga%'c way under insufferable tonncnt and they subsectucntly recanted, then tlio punishment, in the shape of a flne, was inflicted on the district where the crime had occurred.' From this it is evident that torture was not exactly a novelty, but that as yet it was only ventured upon with the lowest and most unprotcctccTcIass orsociety, and tliat confcRsioii during its infliction was not regarded as sufllcicnt for conviction, unless subsequently i)ersi8ted in. During the remainder of the century, the statutes of many of the Italian cities show the gradual introduction of torture to replace the barbarian processes which were not indigenous,^ and which the traditional hate of the Italian States for the Tedeschi was not likely to render popular. That by the middle of the century, indeed, the practical applications of torture had been profoundly studied and were thoroughly understood in all their most inhuman ramiflcations is sufllciently evident from the accounts which we i>ORsc8s of the fearful cruelties habitually practised by petty despots such as Eccelino di Romano." • Contiit Siealar. Lib. i. Til. zxvH. • Da Dojt, Droit Crlalnel 6- P««p. Mod. II. 405. • MoMMh. P«d«Mi. Otiron. Lib. it. mb. 1251^1 (UrtibU SeHp. lUr. G«r. 28* 830 TOftTUUB. About this time we also find, in the increasing rigor and gradual systematizing of the Inquisition, an evidence of the growing disposition to resort to torture, and a power- ful element in extending and facilitating its introduction. The church had been actively engaged in discountenancing and extirpating the ordeal, and it now threw the immense weight of its authority in favor of the new process of ex- torting confessions. When Frederic II., in 1221, issued from Padua his three constitutions directed against heresy, cruel and unsparing as they were, they contained no indica- tion that torture was even contemplated as a mode of inves- tigation. In fact, suspected parties, against whom insuffi- cient evidence was brought, were directed to prove tlieir innocence by some fitting mode of purgation.* In 1252, however, when Innocent lY. issued his elaborate instruc- tions for the guidance of the Inquisition in Tuscany and Lombardy, he ordered the civil magistrates to extort ft'om all heretics by torture not merely a confession of their own guilt, but an accusation of all who might bo their accom- plices; and this derives significance from his reference to similar proceedings as customary in trials of thieves and robbers.* It shows the progress made during the quarter of the century, and the high appreciation entertained by the church for the convenience of the new system. As yet, however, this did not extend beyond Italy. There man. pp. 694-6).— Qaoiidie dtverait generibat tonnentonim Indifflsnter Urn majoret quam mlnoret a oarniflcibnt neoabuntur. Vooas terribilea claman- tum in tormeniia dU nootuqoe audi«baniar do aliU palailis. . . . Quotidto •ina labore, tine oontotentiia ramoraiont magna toruenta at inezcogilata oorporibni bominam infligebai, eto. ? Oongraa purgatione. — Qoldatt. Conttit. Imp. I. 293-6. * Taneainr prfloterea potattat aea raoior omnat bnratieoa quoi oaptoa habuarit, eogara oiira mambri diminniionam at mortis parioalum, tanquam ▼ara latronat at bomioidai animarnm at furat laoramantoram Dai at fldai CbristianiB, arroras tnot eipraisa fatari at aoeuaart alioa bnratieos quot ioiunt, at bona aorum, at eradantai at racaptatorct at dafantorai aorum, lioat eoguntnr fnret et latronat rtram tamporallnm aooiuaro iuoi oompitoaa at fa- tari maleflciaqniB faeamnt.— Innooant. IV. Lag. atOonit. oontra Hasrai. ^ 28. INFIiUKNOE or TtlX INQUISITION. 881 is cxtniit a trnct, written not long after this time, contain- ing very minute instnictions as to tlic established mode of dealing with the sect of Albigcnses known as the " Poor Men of Ijyons.' It gives directions to break down their strength and overcome their fortitude by solitary confine- ment, star^'ation, and terror, but it abstains from recom- mending the infliction of absolute and direct torture, while its details are so full that the omission is sufllcient proof that such measures were not then customary. The whole system of the Inquisition, however, was such as to render the resort to torture inevitable. Its proceedings were secret ; the prisoner was carefully kept in ignorance of the exact charges against him, and of the evidence upon which they were based. lie was presumed to be guilty, and his judges 1)ent all their energies to force him to confess. To accomplish this, no means were too base or too cruel. According to the tract JuRt quoted, pretended sympathizers wore to l)e let into his dungeon, whose affected friendship might entrap him into an unwary admission; officials armed with fictitious evidence were directed to frighten him with assertions of the testimony obtained against him from sup- \|>osititious witnesses ; and no reflonrces of fraud or guile wore to 1)0 spared in overcoming the caution and resolution of the poor wretch whose mind, as we have seen, had been careful]}* weakened by solitude, suffering, hunger, and terror. From tills to the rack and estrapade the step was easily tnkon, and was not long delaycil. In 1301, we find even !Miilip)>e-lc-!Iel protenting against the cruelty of the In- quiHitton, and interfering to protect his subjects fVom the rrflneinents of torture to which, on simple suspicion of liercRy, unfortunate victims were habitually exi>08cd.* Yet * Tnei. 4« flnrtt. Paap. d« Lappil. (MftrUa* ft Danuid ▼. 1787). In ili« Iraet. Pr«iierl<» II., who died In 12541, ti »poli«n of «• 'qnondam Inpcrntor.* * Clamor Tftlldoi el Intlnaailo loetaom tdollan salnlllornfli . . . proeofoai miMi in lnqalplttonl» nr^otie • eo\|>tionlbaii, qniP^Uonibaf •! •leoglUiU lor> moniia Incipient penoaat qaat pro Hbito aeserii bttreiloa labe nolatat, abno> TORTURS. when, a few years later, the same monarch resolved upon the destmction of the Templars, he made the Inquisition the facile instrument to which he resorted, as a matter of course, to extort from De Molay and his knights, with endless repetition of torments, the confessions which were to recruit his exhausted treasury with their hroad lands and accumulated riches.* The history of the Inquisition, however, is too large a subject to be treated here in detail, and it can only bo alluded to for the purpose of indicating its influence uiion secular law. That influence was immense. The legists who were endeavoring to eradicate the feudal customs could not expect the community to share their admiration of the Roman law, and naturally grasped with eageniess the ad- vantage offered them in adducing the example of ecclesi- astical institutions. In founding their new system, they could thus hardly avoid copying that which presented itself under all the authority of an infallible church, and which had been found to work so successfully in unveiling the most secret of hidden crimes, those of faith and lielief. About the time when Innocent IV. was prescribing tor- ture in Italy, we find the first evidence of its authoritative use in France as an ordinary legal procedure. In Decem- ber, 1254, an assembly of the nobles of the realm at Paris adopted an ordonnance regulating many points in the administration of Justice. Among these, occurs an order that persons of good reputation, even though poor, shall not be put to the torture on the evidence of one witness, lest, on the one hand, they may be forced to convict them- selves flilsely, or, on the other, to buy themselves off from the infliction.* gaasA Cbriiiam . . . . t! Ttl meto iormcntonini fat«ri oompellit. — Lli. Pbilip. ^Pulobri, ap. Rftynouard, Monumentfl Uuloriqaei relatils it, U OoDdamoftiion del CboTalien du Temple, pp. 37-8. ' The feMrful deUUe of torture ooUeeied by Raynoaard (op. oit.) show thai tbe lD(\|DiiUion by ibie time wm tuWy ezperienoed in luob work. * PereoDM aatem bonettiui Tel bono famo, etiam il tint paaperes, ad INTBODUCTION IN FBANOB. 838 This would seem to indicate timt tlic flystcm of Judicial torture woa so completely established that its evils and abuses had begun to render themselres apparent and to require restrictive legislation. Tet the contemporaneous remains of Jurisprudence show no trace of the custom, and some of them are of a nature to render their silence a negative proof of no little weight. To this period, for in- stance, l)elongs the earliest extant coutumier of Normandy, published by Ludewig, and it contains no allusion to tor- ture. The same may be said of the For de Biam^ granteil in 1288, and recently printed by MM. Mazure and Uatoulet, which is very AUl in its details of Judicial procedure. The collection of the laws of St. Louis, known as the £lablisse' mentSj is likewise fVee from any instructions or directions OS to its application, tliough it could scarcely have been omitted, hod it formed part of the admitted Jurisprudence of the age. It may be argued, indeed, that these codes and laws assume the existence of torture, and therefore make no reference to it, but such an argument would not hold good with respect to the books of practice which shrewd and experienced lawyers commenced at that time to draw up for the guidance of courts in the unsettled \|xrio<l of conflict 1)ctween the ancient feudal customs and the invading civil law. For instance, no text-book can well 1>e more minute than the " Livres dc Jostice et dc Plet," written about the 3'ear 1260, by a law^'cr of the school of Orli^ans, then celebrated as the headquarters of the study of the Im\|icrial Jurisprudence. lie manifests u]K)n almost every page his familiar acquaintance with the civil and cAuou law, and he could not iK>ssibly have avoided some reference to torture, if it had been even an occasional resource in the tribunals in which he pleaded, and yet he does not in any way allude to it. diehra iMtifl vbM, tonn^atls ••« qvasiionlbni inhlb^niM, b« ob «i«l«m fnlpafli eofiflerl, vtl laftiii TtzftUonem r«dliiier< eomp^Uantar. — FflnUfion, RfUcU 9% OHnnn. f . 701. A fomewhiit dtfllirtBl readlnf la givtn by Inn bert, Anrtennef Loii Fnui^nteffl I. 270. 834 TORTURE. The wne oonclnsion is derivable from the ^ Coatamcs da Beaavoiiris," written about 1270 by Philippe de Beau- manoir. In hia position as royal bailli, lleaumanoir had obtained the fullest possible familiarity with all the pnus tical secular Jurisprudence of his day, and his tendencies were naturally in favor of the new system with which St. Louis was endeavoring to break down the feudal customs. Tet, while he details at much length every step in all the cases, civil and criminal, that could be brought into court, he makes no allusion to torture as a means of obtaining evidence. In one passage, it is true, he seems to indicate that a prisoner could be forced, while in prison, to criminate himself, but the terms employed indicate clearly that this was not intended to include the administration of torment.^ In another place, moreover, when treating of robberies, he directs that all suspected parties should be long and closely confined, but that, if they cannot be convicted by cxtemal evidence, they must at last be discharged." All this is clearly incompatible with the theory of torture. The ^^ Conseil" of Pierre de Fontaines, which was pro- bably written aliout the year 12G0, aflbrds the same nega- tive evidence in its full instructions for all the legal pro- ceedings then in use. In these three works, notwitlistand- Ing the reforms attempted by St. Louis, the wager of battle is still the recognized resource for the settlement of doubt- ful cases, wherein testimony is insufllcient, and the legist ' CU qui Mi prii •! rail ^n prison, lolt por mtffei on por deU, tani 6orom« II Oft •!! prlton II iiMi Udos k rwpoodr & riena oob U demaode Ibrt •■ •M Unt iolen«iit por qui il .fa prii. Bt I'on U foi rMpondro antro eoM •oniro M TolonU, ot tor o« qail alllgo qaU no rout pat rotpoadre tant eomrao 11 loU on prlion ; tout oo qui eit lait oontra II Mi do nalo Talour, car II poi tout rapolor qaand 11 oit hon do prlion. — Beaumaaoir, oap. lii. § ziz. Qaant tol larrooln rant fot, lo JusUoo doit ponro tot log fouspo^nnoua •t foro moult de demandei, por laToir 111 porra fero dor co qui oot orbo. Bt blon log doit on longo prison tonir ot dostroito, ot toi ooz qa'il ara souspochonnons par malroM ronoramdo. Bt s'il no pot on nnlo manloro savoir lo roriU du fot, il les doit delirrer, so nqs no Tlont arant qnl partio so Yoillo foro d'aus aoousor droitomont dn larrooln.— Ibid. oap. xzxi. § vi. INTRODUOTION IN FBANOB. 885 seems to imagine no other solution. The form of trial ^ is still public, in the feudal or royal courts, and every opportunity is given both for the attack and the defence. The worlc of De Fontaines, moreover, happens to fhmish another proof that he wrote at the commencement of a transition (leriofl, during which the use of torture was in- troduced. In tlie oldest MSS. of his work, which are oon- sidcrcil to date from ISftO to 1280, there is a passage to the effect tliat a man convicted of crime may ap\|)cal if he has not confessed, or, when he has confessed, if it has been in consequence of some understanding (coveni). In later MSS., transcri1)cd in the early part of the fourteenth century, tlie wonl " covent" is replaced by " tourmen,"' tlius showing not only tlie introduction of torture during the interval, "-' but also that a conviction obtained by it was not finaL The Ortlonnanco of 1254, indeed, m far as it relates to torture, is asserted by mo<lcrn criticism to have been ap- plicable only to the bailliages of Deauvais and Cahors.' I do not know upon what facts this opinion is based, but the omission of Deaumanoir to allude to any such custom would seem to render doubtful its application to Hcauvais That it was limite<l to a great extent is more than probable ; for in the ordonnance as registered in the council of B^ ziers in 1255, the section respecting torture is omitted,* and this would exjilain the silence preserved on the subject by all contemi)orary legal authorities. While giving due weight, however, to all this, we must not lose sight of the fact that the laws and regulations prescrilied in royal ordonnances and legnl text-books were practically applicable only to a portion of the iK)pulation. All non-nobles, who had not succeeileil in extorting special ' S« H bona oVti eonnotwiDf d« fon meifei, on 111 !» eonev •! «• a •■16 p«r doT«ni, t*!! U fliii Jngtnvfit, apeler en p««t. — CoomU, ob. xsH. ui. SS. (KdUlon MftrnUr, PariP. 18411.) « L'OiMlear. Lm Crimes ei !•■ Pelnee, p. 113 (Perb, 1863). Dnlnt. Conell. OeU. Narbon. p. 76. 836 touture. privileges by charter from ilieir feudal snperiors, were ex- posed to the caprices of barbarous and irresponsible power. It was a maxim of feudal law that God aloue could inter- yene between the lord and his villein — ^^ "Mhs par notre usage n'a-il, entre toi et ton vilein, Juge fors Deu'" — ^tho villein being by no means necessarily a serf; and another rule prohibited absolutely the villein from appealing Arom the Judgment of his lord." Outside of law, and unauthorized by coutumiera and ordonnances, there must, under such institutions, have been habitually vast numbers of cases in which the impatient temper of the lord would seek a solu- tion of doubtful matters in the potent cogency of the rack or scourge, rather than waste time or dignity in endeavoring to cross-question the truth out of a quick-witted criminal. Still, as an admitted legal procedure, the introduction of torture was very gradual. The " 01 im," or register of coses decided by the Parlement of Paris, extends, with some intervals, from 1255 to 1318, and the paucity of alluirs in which torture was used shows that it could not have been habitually resorted to during this ixsriod. The first instance, mdeod, •uly occurs iu 129U when the royal bailli of Senlis cites the mayor and Jurats of that town before the Parlement, because in a case of theft they had applied the question to a suspected criminal ; and though theft was within their competence, the bailli argued that torture was an incident of ^' haute Justice" which the town did not pos- sess. The decision was iu favor of the municipality.* The next year (1300), we find a clerk, wearing habit and ton- sure, complaining that the royal officials of the town of Yilleneuve in Roucrgue had tortured him in divers ways, with ropes and heavy weights, heated eggs and fire, so that he was crippled and had been forced to expend three hun- ■ Oomeil oh. xxi. art. 8. * Ibid. arL 14. Bt eocor no puisse li vileins faussor U jugemeni son ■•ignor. ' Olim T. II. p. 451. XARLY 0A8E8. 887 drc<l Hvrcs Toitrnois in medicines and physicians. This, Willi other proiKsr damages, he prays may bo made good to hiui by the iKsqictrators, and tlio arrfit of the Tarlcmcnt orders their ixsrsons and proi)crty to ho seized, and their possessions valued, in order that the amount may he proi)crly assessed among them.* Phil ippe-Ie-Bel, not with- standhig his mortal quarrel with the papacy— or perhaps in conse<picnce of it — was ever careful of the rights and privileges of the clergy, among which the immunity from secular Jurisdiction and consequently from torture was prominent. The case evidently turned upon that point. The third case does not present itself until 1306. Two Jews, under accusation of larceny by their brethren, com- plain timt they had been illegally tortureil by the bailli of Hourgcs, and though one of them under the infliction had coufcsHcd to complicit}', the confession is retracted and damages of three thousand livres Tournois are demande<l. On the other hand, the bailli maintains that his proceed- ings are legal, and asks to have the complainants punished in acconlance with the confession. The Parlement adopts a middle course ; it acquits the Jews and awards no dam- ages, showing that the torture was legal and a retracted confession valueless.* The fourth case, which occurs In 130t, is interesting as having for its reiMirter no less a ixsrsonage than Gull* laume de Nogaret, the captor of Donifaco YIII. A certain Guillot dc Ferri^res, on a charge of robbery, had been tried hy the Judge of Yillclongue and Nicolas Dourges, n>3'al chatclain of Mont^Ogler. The latter had tortured him ro\|ieate<lly and cruell}', so that he was iHirmanently cripplcfl, and his uncle, Etienne do Ferribres, Chatclain of Montauban, claims damages. The deciRion condemns Nicolas llourges In a mulct of one thousand livres Tour- nois, half to Guillot for his suifcrings and half to Stephen ' OUm. III. 49.60. * Ibid. III. I8&-S. 29 838 TOnTDRE for his expenses, besides a fine to the crown.* It is evident that Judges were not allowed to inflict unlimited torment at their pleasure. The fifth case, occurring in 1310, may be passed over, as the torture was not Judicial, but merely a brutal outrage by a Icnight on a noble damsel who resisted his importuni- ties : though it may be mentioned that of the fine inflicted on him, fifteen hundicd livrcs Toumois enured to the crown, and only one hundred to the victim." The sixth case took place in 1812, when Michael de Poolay, accused of stealing a sum of money from Nicolas Loquetier of Rouen, was subjected to long imprisonment and torture at Gh&teau-Neuf de Lincourt, and was then brought to the Ch&telet at Paris, where he was again examined without confession or conviction. Meanwhile, the real criminal confessed the theft, and Nicolas applies to the Pai'lemcnt for the liberation of Michael, which is duly granted. A long interval then occurs, and we do not hear of tor- ture again until 1318, when Quillaume Nivard, a money- changer of Paris, was accused of coining, and tortured by the Prev6t of tlio Chatolet. lie contends that it was ille- gal, while the Prevot asserts that his Jurisdiction emiM>w- ered him to administer it. The Parlement investigates the case, and acquits the prisoner, but awards him no damages.^ ' Olini, III. 831-8. • IbUl. III. 605^. • IbUl. III. 76I>S. * Ibid. III. 1200.— It ii ■omowbfti aingulnr that torture doci Dot aiipoar to bftvo been ufod in tbe trial of Bngnerrand de Marignj, the prinoipal miniater of Pbilippe-le-Bel, aaorifloed after his death to the hatred of Obarleg de Valoifl. Tbe long endeavor of tbe joang king to protect bin, and tbe final resort of bis enemies to the eharge of sorcery, with the production of bis miserable aeoompHoes, would seem to render tbe case one particularly suited to the use of torture. See tbe detailed account of the trial in the ** Qrandes Chroniques de France' V. 212-220 (Paris, 1837). In 1315, Baoul de Presles, accused of causing the death of Philippe, waa tortured. * Mais nprds moult de painea et de tormons qu'll ot sooffort, ne pot on riens traire de sa boucba fors que bien, ri fu franobenicnt laissi^ aler, ct ot moult da sea biens gasi^ et perdus " Ibid. p. 221. RESISTANCE OF FEUDALISM. 839 Tlio very commonplAcc and triTinl character of these cases has its interest in showing that the practice of ap- ix^ling to the Parlemcnt was not confined to weighty matters, and therefore that tlie few instances in which tor- ture was involvetl in such appeals afford a fair index of tlie rarity of its use during tliis i>eriod. Tliese cases, too, have seemed to mc worth reciting, as they illustrate the principles uiK>n which its application was based in the new Jurisprudence, and the tentative and uncertain character of the progress by which the primitive customs of the Euro- l>can races were gradually becoming supplanted by the resuscitated Roman law. This progress had not Ixsen allowed to continue uninter- rupted by ))rotcflt and resistance. In the closing days of the reign of Ihilip\|)e-le-Hel, the feudal \|M>wers of Franco awoke to the danger with which they were menaced by the rxtcuRiou of the royal prerogative during the precetling half century. A league was formed, which seemed to threaten the existence of the institutions so tMirefully nur- tured by St. Louis and his successors. It was too late, however, and though the storm broke on the new and un- tried royalty of Louis Ifutin, the crown lawyers were already too i>owerful for the united seigneurio of the king- dom. When the various provinces presented their com- plaints and their demands for the restoration of the old order of things, they were met with a little skilful evasion, a few artful promises, some concessions which were readily withdrawn, and negatives carefully couched in language which scemc<l to imply assent. Among the complaints, we find that the introduction of torture was opposed as an innovation upon the established rights of tlio subject, but the law3'ors who drew up the replies of the king took care to infringe as little as they could upon a system which their legal training led them to regard as an immense improvement in proce<luro, and wliic!i enabled them to sui)erscdo the wager of battle, which 840 TORTURE. thoy Justly regarded as the most significant emblem of feudal independence. The moYcment of the nobles resulted in obtaining from the king for the several provinces a series of charters, by ifhich he defined, as vaguely, indeed, as ho could, the extent of royal Jurisdiction claimed, and in which he pro- mised to relieve Uiem from certain grievances. In some of these charters, as in those granted to Britauny, to Bur* gundy, and to Amiens and Yermandois, thei'c is no allusion made to torture.* In the two latter, the right to the wager of battle is conceded, which may explain why the nobles of those provinces were careless to protect themselves fi'om a process which they could so easily avoid by an ap^x^ to the sword. In the charter of Langucdoc, all tliat Louis would consent to grant was a si)ecial exemption to those who had enjoyed the dignity of capitoul, consul, or dccnriou of Toulouse and to their children, and even this trifling concession did not hold good in cases of " Icse-majeste'' or other matters jmrticularly i>ro vidcd for by law." Normandy only olitaincd a vague promise that no freeman should bo subjected to torture unless he were the object of violent presumptions in a capital offence, and tliat the torturo should be so regulated as not to imiieril life or limb ; and though the Normans were dissatisfied with this cliarter, and succeeded in getting a second one some montlis later, they gained nothing on this point.* * IiAmberi, AnoUnnei Lois Friui^aiiM, III. 1S1, 00. 06. ■ OrdonnanM, l^ Arril 1316, ari. zix. (Ibid. III. 58), "Nisi pro dioto orimiDo Imo majesiatis, rp\ alio oasn speoiiillUr a Joro pormisso, do qao haboatnr TchemoDs sospioio oontra eom." Tliewbolo olauso is borrowed from ibe Roman law, which maj bavo reooooilod Louis's legal advisors to ii. li is DoUworthy as oontaioing the first introdnetioo of the crime of l<be> mnjest6 into French jurisprndeooe, thus markiog the triumph of oivU over feudal law. * Oart. Norman i. Mar. 1316, oap. zi. Cart. ii. Jul. 1316, eap. zv. (Ibid. 61, .100). Quod In dioto duoatu nnllus homo liber qnststioneUir, nisi ve^ bemens prsssumpUo ipsnm reddat luspectnm do orlmine oapitali, et tuna RBBI8TAN0B OF FBUDALtSM. 841 The ofllcinl docnmenta concerning Champagne have been prcscrrcd to ns more in detail. The nobles of that proTinoe complained that the royal preydts and seijeants entered upon their lands to arrest their men and private persons, whom thej then tortured in defiance of their customs and privileges (^'contre lenrs coustnmes et libertez"). To this liouis promised to put an end. The nobles Airther alleged that, in contravention of the ancient usages and customs of Cimmpngno (^^contro les us et coustnmes encicns de C^hampaigue'), the royal oHIcers presumed to torture no- bles on suspicion of crime, even tliough not caught in the act, and without confession. To this, Louis vaguely re- plieil, that for the future no nobles should be tortured, except under such presumptions as might render it proper, in law and reason, to prevent crime from remaining un- punislicd; and tlmt no one should Ix; convicted unless confession were perseverc<l in for a sufTlcicnt time after tor- ture. This, of course, was anything but satisfactory, and the Champenois were not disposed to accept it, but all that they could obtain after another remonstrance was a simple re\|)etition of the promise that no nobles should bo tortured exce])t under capital accusations.' The struggle apparently continued, for, in 1319, we find Philippe-lo-Long, in a charter granted to Perigord and Quercy, promising that the pro- ceedings preliminary to torture should be had in the pre- sence of both parties, doubtless to silence complaints as to the secret character which criminal investigations were assuming." UUUr qvoii propter grmvlUtem ionseiitorvfli mtrt Ml mvUtaUo aon m- qafttnr. ■ Ordonn. Mai 1315, art. v. xW. (Dovrdot d« niehebovrK. III. SS3-4). * Ordonn. Man ISI6, art is. (Ibid. p. SS5.) This ordonnanoo ii looor- reetly daUd. It wai Innod toward! tbo ond of May, f nbtoqnentiy to tho abofo. ' Onlonn. Jnl. 1.1IOart.ixn. (Tmmbort III. tl7). Yolnmaf et eoneodlmnfl genoroM diotb noblUbof dieto lonoMaUie, qnod tonotoballni ot alii ofletalot 29* 34S TORTUEB. The Qse of ioiiiiie was thus pemumently estaWalied in the Jadicial machinery of France, as one of the incidents in the gieat rerolution whidi destroyed the fi»idal power. Even yet, however, it was not nniverBal, especially where conunnnes had the aliili ty to preserve their frandiiaes. Coont Bengnot has pui^ished, as an appendix to the ^ OUm," a col- lection known as the ^ Tout Lieu de St. Dizier," consisting of 814 decisions of doubtful cases relbrrod by the magistrates of St. Dizier to the city of Yjires for solution, as they were bound to do by their charter. The cases date mostly from the middle third of the fourteenth century, and were selected as a series of established precedents. The fact that, through- out the whole series, torture is not alluded to in a single instance shows that it was a form of procedure unknown to the court of the escfaeyins of St. Dizier and even to the superior Jurisdiction of the bailli of their suzerain, the Seig- nieur of Dampierre. Many of these cases seem iieculiarly adapted to the new inquisitorial system. Thus, in 1335, a man was attacked and wounded in the street at niglit. A crowd collected at his cries, and lie named the assailant. No rule was more firmly established than the necessity of two impartial witnesses to Justify oondemimtion, and Uic authorities of St. Dizier, not knowing what course to take, applied as usual for instructions to the magistrates of Tpres. The latter defined the law to be that the court should visit the wounded man on his sick-bed and adjure him by his salvation to tell tlie truth. If on this he named any one and subsequently died, the accused should be pro- nounced guilty ; if, on the other hand, he recovered, then the accused should be treated according to his reputation; that is, if of good fame, he should be acquitted ; if of evil repute, he should be banished.* No case more inviting to nottri aliquot qnasfiioniboi non rapponaiii, tbiqot pronnniiatioM mb mo- UbUa in prmeniia parilun per 909 proferoD<U. ' TootLittt d« Baint DUier dap. eelzzti. (Olim T. II. Append, p. 856). The eharter of 8i. Dtsier dlreeta tliai all eaaei noi Uierein speoially proTlded RESISTANCE OF THE COMMUNES. 843 the theory of torture could well Ix) imagined, and yet neither tlie lionoAt htirglicrs of 8L Dizier nor the powerful magnates of Yiircs seem to have entertahied the idea of its applica- tion. So, again, when the former inquire what proof is sufllcicnt when a man accuses another of stealing, the answer is tliat no cviclciice will convict, unless the goods allogcfl to Ite stolen are found in tlie iK>ssession of the accused.* The wealthy city of Lille equally rejected the process of torture. * The laws there in force, about the year 1350, prescrtlic tliat in homicide cases conviction ought to lie liase<l u]K)n absolute evidence, but where this is unat- tainable, titen the Judges are allowed to decide on mere opinion and liclicf, for uncertain matters cannot he rendered certain.* In such a scheme of legislation, the extortion of a confession as a condition precedent to condenuiation can evidently And no place. Attempts to intro<lnce torture in Aqnitaino were appa- rently made, but they seem to have l>cen resisted. In the Coutumier of Bonleaux during the fourteenth century there is a significant declaration that the' sages of old did not wish to deprive men of their lilierties and privileges. Tor- ture, theref<»re, was prohibitcfl in the case of all citizens except those of evil repute and declared to Iw infamous. The nearest approach to it that was pennitte<l was tying the hands l^ehiud the back, without using pulleys to lift the accused from the ground." far •haU b« dee M ad M^ordinf to th« evrtomi of TprM. For two hand red and iny jMirp, iberefort, whenorrr llic MeboTln* of Ibo llUlo town of 01iom> \|iiiieiio felt At A lofff, thoj roferrod the natlor to tbolr lordlj nelghbon of Flfuiditm. All to a eovrt of iMt appoal. ' fhi«l. e»p. celitllK * Roipin, Fninehiwi, Lob ot Coatanoa dc Ltllo. p. 119. Thai "on paoi et dolt deniAiider do voir ot do oir." bat wboa tbio It Inpowiblo, "ov dolt ot paot blon dtmondor ot onqoorro do oroiro ot oaMior. Bt loar erolro ot »oar oaldlrr ofooo an vcrtUt opnront do voir ot dolr, ot ovooo romooblile opiinint, on pnot bloo Jogior, lono rofogo naohyon, onr d'oooaro folt oooaro vtritot.' " Rabnnlo, Ktvno Ulft. do Droit, 1S6I. p. 515.— No Tolgoron loo nrlt onliqnMnont qaom porgnmA m fninqnrokA nl mi llborUt. 344 TORTUHS. By this time, however, places where torture was not used were exceptional. By a document of 1359, it appears that it was the custom to torture all malefactors brought to the Oh&telet of Paris, and though privileged persons constantly endeavored to exempt themselves from it, as.the consuls of Yilleneuve in 1811,* other privileged persons as constantly sought to obtain the power of inflicting it, as shown in the charter of Milhaud, granted in 1369, wherein the consuls of that town are honored with the special grace that no tor- ture shall be administered except in their presence, if they desire to attend." At the end of the century, indeed, the right to administer torture in cases wherein the accused denied the charge was regularly established as incident to the possession of haute Justice/ Even in Germany, the citadel of feudalism, the progress of the new ideas and the influence of the Roman law had spread to such an extent that in the Golden Bull of Charles lY., in 1856, there is a provision allowing the torture of slaves to incriminate their masters in cases of sedition against any prince of the empire ;* and the form of expres- sion employed shows that this was an innovation. In Corsica, at the same period, we And the use of torture fully established, though subject to careful restrictions. In ordinary cases, it could only be employed by authority of the governor, to whom the Judge desiring to use it transmitted all the facts of the cose ; the governor then issued an order, at his pleasure, prescribing the mode and ' Du Cango s. ▼. QucutionariiiM. * Leitars grftntiog •zempiion from iorinre to the oonsnli of VilloneaTe for any crimei oouiinltUd hj them wero iMued in 1.171 (iMUubori V. 352). Tbeie fvori generally ezoepied the oaae of high trooaon; ' Du Oange i. ▼. Qututio No. 8. Pour denier metiro & queaHon et tourment. — Jean Dosmarre, D^ctelonn, Art. 295 (Du Boys, Droll Oriininel II. 48). In hao eaura In eaput domlni servoa torqneri lUiulmoe, id eei, propter canaam faction is.— Bull. Anr. onp. zziv. ^ 9 (Qoldaat. I. 305). 00R8I0A — YKNICB — TfUNaAllY. 845 cloprreo to which it mip^ht bo applied.* In canes of trcaaon^ liowGvcr, thcAO liniitatioiifl were not observed, and tho accused was ]ia1}lo to its infliction as far and as often as might be found requisite to effect a purpose.' Tlie iieculiar cliaracter of Venetian civilization made torture almost a necessity. Tlie atmosphere of suspicion and secrecy which surrounded every movement of tliat republican dcR\|>otism, the mystery in which it delighted to sliroud itsdff and the pitiless nature of its legislation con- spired to render torture an indisi)ensablo resource. How freely it was administered, esi)eciaHy in political affairs, is well illustrated in the statutes of tho State inquisition, where the merest suspicion is sufficient to authorize its application. Thus, if a senatorial secretary were observed to l»e more lavish in his exi)euditures than his salary would apiioar to Justify*, he was at once susi)ecte<l of l)eing iu the pn3' of some foreign minister, and spies were ordered on his track. If he were then simply found to bo alment from his house at undue hours, ho was immediately to l)0 seized and put to tho torture. 80, if any one of the in- numerable secret spies employe<l by tho inquisitors were insulted b}' lieing calleil a spy, the offender was arrested and tortured to ascertain how ho had guessed the character of the emissary. Human life and human suffering were of little account in the eyes of the cold and subtle spirits who moulded the i)olicy of tho mistress of the Adriatic. Other races adopted the new system less readily. In Hungary, for instance, the first formal embodiment of tor- ture in the law occurs in 1514, and though tho terms em- ployed show that it had l>een previously use<! to somo extent, 3'et the restrictions laid down manifest an extreme Jealous}- of its abuse. Merc suspicion was not sufllcicnt. To Justify its application a degree of proof was requisite which was almost competent for condemnation, and the ' SUtvL Criminall eap. xW. (Or«sor), SUtvtl di Oonleft p. 101). • IbM. «ap. U. (p. 1S.1). * SUialf do rinqatiilion dKUt, 1 6op^ 44 SO, SI (Dtra). 846 TonTUiiK. nature of this evidence is well exemplified in the direction tiiat, if a Judge liimsolf witnessed a murder, lie could not order the homicide to bo tortured unless there was other sufficient testimony, for he could not be both witness and Judge, and his knowledge of the crime belonged to his private and not to his Judicial capacity.^ With such refinements, there was little danger of the extension of the custom. In Poland, torture does not make its appearance until the fifteenth century, and then it was introduced gradually, with strict instructions to the tribunals to use the most careful discretion in its administration." In Russia, the first formal allusion to it is to be found in the Oulageni^ Zakon- off, a code promulgated in 149t, by Ivan III., which merely orders that persons accused of robliery, if of evil repute, may be tortured to sup[)ly deficiencies of evidence ; but as the duel was still freely allowed to the accused, the use of torture must have been merely incidental." From another source, dating a1)0ut 1530, we learn that it was customary to extort confessions fh>m witches by pouring upon thoui from a height a small stream of cold water; and in cases of contumacious and stubborn criminals, the finger nails were wrenched off with little wooden wedges.* Still, torture * Synod. Rag. nnn. 1514, Proom. (Baithyanl Legg. Booles. Hung. I. 674) —"Nam ai Jud«z •x fenastra prmiorli t«I domni auiBi intueatttr nnuiu qaoin- piam iDtorfloUndum, •% quoniam hoe homioidiam, rel noo defertor in Judl- oium, Tel delatnm non probainr, oi Judex Toluerii homloidam do MipM tub- Jioore toriurio, ut voritai p«r iUiui oonfogtioncni oUeialur, eerU non polorit. Sola oniin judioii Mitntia ad hoc non lufficit ut ad ioriaram rons dorenlat, quttm Ipie lUnd noteiai ut Judex, led ut privata persona, nee ipeinf tesil- monlum in hae parte valet, qnnm In nnum et eadem eauta nemo potest esse et testis et Judex : igitur aliunde est edooendns, vel per testes vel alia docn- menta, ut possit torqnere oriminosum." Aeoording to some authorities, this was a general rule — ** Judex quamrls Tiderit oommltti delictum non tamen potest sine alils probationibus reum torquere, ut per Bpeeul. eto." — Jo. Bmeriol a Rosbaoh Process. Criminal. Tit. v. cap. r. No. 18 (FraQOof. 1A46). ■ Du Boys, Droit Criminel, I. 650. " Bsneaox, Hist, de Russie, III. 236. . * Paall Jovii Mosohoria. — ^This Is a brief account of Rnssia, compiled about the year 1530, by Paulus Jovius from his conversations with Dmitri, am- TIIS INQUIBITOBIAL PB00E88. 847 makes but Ititlo show in tho subsequent codes, such as tho Soiidebtnick, issued in 1550, and the Soboraoid Oulagenid, proinulgnted in 1648.* In fact, tlicse regions were still tto barbarous for so civilixcd a process. Returning to Central and Western Europe, which during this period had advanced with such rapid strides of enlightenment, wo find tho inquisitorial process of torture attaining a ix>rtentous importance as the groundwork of all criminal proceilure, and its adminis- tration prescribed with the most careful and minute preci- sion. iMMttdor to OlemtBl VII. from VmIH V., Sni Bmporor of Riitti». OImu If iigiitta. In iho priUo of hli Morthern blood, looks apoa thla ■■ m iluider on Ihe hiirdihood of the rnggod Ran — ** hoe eellieel pro terrlbili tormento In ea darlMlma Rente repvtari, qnn flnmmla oi eenlob adhiblMf, tU, vl neta rerelet, tuntillttlnm eommoTetar/* and he broadlj binte that the wllj ambas* mdor amniied himeelf hj hoaxing the lofl Italian : ** Red revera toI Indibrioee bonne priceal a rervato If nseovUioi principle nnntlo Demetrlo dielo, tempore Clemontlfl VII. InforraatneettRoraM.' (Gent Septent. Hlai. Brev. Lib Xf. e. xxtI.) The worth j arehblshop donbtleai epoke of hie own knowledge with renpeet to the ofo of the raek and Are In Russia, hot the eontempl he displays for the torture of a ttreem of water is ill-founded. In our prisons, the punishment of the shower-bath Is found to bring the moot refractor/ ehnraeters to obedience in an inoredibly short Ihne, and Its vnJuHlflsble sererlt/ In a elTlliied ago like this may be estimated from the faet that il has oecsslonally resulted in tho death of the patient. Thus, aft tho N. Y. State Prison at Anbnrn, in December, 1858, a stout, health j man named Semoel Moore, was kept In the shower-bath from a half to three-quarters of an honr, and died iilmost Immedintely aHer being taken out A less Inhumane mmie of ndmlnittering the punishment Is to wrap the patient in a blanket, la J him on his beck, iind, from a height of about six feet, pour upon his fore head a stream from an ordinarj watering-pot without the roee. According to experts, this will make tho stoutest orimlnal beg for bis lUb in a few seenn<ls* During tho later period of our recent war, when tho proTalenoe of exagge- rated bounties for recruits led to an organised system of deeertlon, tho nuigni- tude of the crll seemed to justify the adoption of almoet any means to arreet a practice whioh threatened to rapidly exhaust the resources of the country. Acconlingly, tho shower-bath was ocean itmally put Into requisition by the mtlilary anthoritim to exlurt eoiir«>:'sion from Ktifiiprtcd deserters, when legal et Idence was not atlainnble, and It was found exceedingly elllcacious. ' Ihi Doyr, op cil. 1. AIR. 848 TOBTUBI. i Allusion has already boen made to the inflacnce of the inquisition in introducing the use of torture. Its influence did not cease there, for with torture there gradually arose the denial t04\|the accused of all lair op\|M)rtunity of dcibndipg himself^ and the system of secret procedure which formed saimportant a ix>rtioa of the inquisitorial practice. In the ola feudal courts, the prosecutor and the defendant appeared in person. Each proiluced his witnesses; the case was argued on both sides, and unless the wager of battle intervened, a verdict was given in accordance with the law after duly weighing the evidence, while both par- ties were at liberty to employ counsel and to a[>\|)cal to the suzerain. When St. Louis endeavored to abolish the duel and to substitute a system of inquests, whidi were neces- sarily to some extent ex parle, he did not desire to witli- draw from the accused the legitimate means of defence, and in the Ordonnance of 1254 he expressly instructs his officers not to imprison the defendant without absolute necessity, while all the procectlings of the hiquest are to lie couimuni- cateil iVeely to hun.* All this chaugcil with time and the authoritative adoption of torture. The theory of the iuciuisi- tion, that the suspected man was to lie hunted down and entrapped like a wild beast, that his guilt was to lie assumcfl, and that the efforts of his Judges were to be directed solely to obtaining against him sufUcient evidence to warrant the extortion of a confession without allowing him the means of defence — ^this theory became the admitted base of criminal jurisprudence. The secrecy of these inquisitorial procceil- ings, moreover, deprived the accused of one of the great safeguards accorded to him under the Roman law of tor- ture. That law, as we have seen, required the formality of inscription, by which the accuser who failed to prove his ' Staiot. 8. LttdoT. ann. 1264 44 20, 21. (iMmUrt I. 270)— Bk quia in dioiis aeneM»lliu a«cunduiu jura ei ierre oonsueiudineiu fit inquuiiio in oriminibui, volttmus et ninndiiuus quod reo p«t«Dii acta inquiiiUonin Ira- danlur ex iniegro. 8B0RB0T or PBO0BBDINO8. 849 charge was liable to the lex ialianisj and in crimes which involved torture in the investigation, he was dnljr tortured. This was imitated by the Wisigoths, and its principle was admitted and enforced by the Church before the introduc- tion of the Inquisition had changed its policy ]* but modem KnrofK, in borrowing from Rome the use of torture, com- bined it with the inquisitorial process, and thus in civilised Christendom it speedily came to be used more recklessly and cruelly than ever it had been in pagan antiquity. In 1498, an assembly of notables at Blois drew up an clalK>rate ordonnance for the reformation of Justice in France. In this, the secrecy of the inquisitorial process is dwelt upon with peculiar insistance as of the llrst import- ance in all criminal cases. The whole investigation was in the hands of the government ofllcial, who examined every witness bj' himself, and secretly, the prisoner having no knowledge of what was done, and no opportunity of arranging a defence. After all the testimony procurable in this one-sided manner had been obtained, it was dis- cussed by the Judges, in council with other persons named for the phrpose, who decided whether the accused should be tortured. lie could be tortured but once, unless fresh evidence meanwhile was collected against him, and his confession was read over to him the next day, in order that he might alTlrm or deny it. A secret deliberation was then held by the same council, who decided as to his fate.* ' Tb«i Oratlaa, In ih« middle of lb* iweUUi eentary— Q«l ealomnlMt llUImn Bon \|)rob«t pcBnam deb«l Inearrere qaam ■! prob«M«l r«M vUqae fvtiiner«t.— I>c«r«ti P. ti. e«ai. t. qustt. 6, •. S. • Ordoiiii«ne«, Men 1498, H 119-1 16 (Innb«H, XI. 866.~PobImob, T. 701). II would M«m tbal tbe only lorkire eonUmplnied by thli ordonnanM wu Ui»i of WAter, m tbe cl«rk If diroeUd to r«eord ' la qoftntllA do !>«• q«OB Mira ballUo aadit prisoDoi«r.** Thb wm udmlnlMorod by ffAgglng tbo pBiicnl. «Dd poaring wftUr down bta ibroal nntU ho wm onormontlj dUUndod. It WM tomoilMM dlrordSod by mnking blm ojoot tbo wntor vidontly, by forolblo blowi on Ibo ftomaeb. V. I>« Cftogo •. ▼. Gaggan, 80 850 TOBTUBB. This croel system was still farther perfected by Francis L\| whO\| in an ordonnance of 1589, expressly abolistied the inconvenient privilege assured to the accused by St. Louis, which was apparently still occasionally claimed, and di- rected that in no case should he be informed of the accu- sation against him, or of the facts on which it was based, nor be heard in his defence. Upon examination of the es parte testimony, without listening to the prisoner, the Judges ordered torture proportioned to the gravity of the accusation, and it was applied at once, unless the prisoner appealed, in which case his appeal was forthwith to be decided by the superior court of the locality.* The whole process was apparently based upon the conviction that it was better that a hundred innocent persons should suffer than that one culprit should escape, and it would not be easy to devise a course of procedure better fitted to render the use of torture universal. But even this was not all. Torture, as thus employed to convict the accused, became known as the question pri- parataire^ and, in defiance of the old rule tliat it could be applied but once, a second application, known atf the queB- tion definitive or pr^alable^ became customary, by which, after condemnation, the prisoner was again subjected to the extremity of torment in order to discover whether he J^ad any accomplices, and, if so, to identify them. In this BomeilmM a piae« of ololh wu vied to eoodvel tho wator down hia Uiroat To Ihli, allniion ia mado in tho ** Appel de VUlon :"— <* Se Aiaae doi hoira Hue O»pol Qui Alt eztraiei d« bouehario, On no m'aoal, fMirmy oe drapol, Faiot bojro k coUo oaeorcherie." (Bvroa da VUlon, p. 810, id. Prompaanlt, Parla, 1834. > Ordonn. do ViUara-OoiUrala, AoOl 1539, fi 162-164 (laambart, XHI. 633-4). 'OaUni ai aboliaaani tona aiylaa, naanoaa on eoatomaa par lea- qnala laa aooaa4a aToiont aoooninni4a d'ltra oula an Jagamant ponr a^avotr aila daToianI lira aconaAi, ai k eaita fin aroir oomnonioaiion dai faila ai ariielaa oonoamani laa orimaa ai dAila doni ila 4ioiani aeoaa4i." ' OLASSiriOATION. 861 dotestablo pmctioo we find another instance of the unfor- tunate influence of the Inquisition in modifying the Roman law. The latter expressly and wisely provided that no one who had confessed should be examined as to the guilt of another ;* the former regarded the conviction of the ac- cused as a worthless triumph unless he could be forced to incriminate his possible associates, and the lawyers fol- lowed eagerly in its footsteps. Torture was also gcnerically divided into the question or- dinaire and extraordinaire — a rough classification to pro- portion the severity of the infiiction to the gravity of the crime or the urgency of the case. Thus, in the most usual kind of torment, the strappado, popularly known as the Moine de Caen, the ordinary form was to tie the prisoner's hands behind his back with a piece of iron between them ; a cord was then fastened to his wrists by which, with the aid of a pulley, he was hoisted iVom the ground with a weight of one hundred and twenty-five pounds attached to his feet In the extraordinary torture, the weight was increased to two hundred and fifty pounds, and when the victim was raised to a sufficient height, he was dropped with a Jerk that dislocated his Joints, the operation being thrice repeated.* Thus, in 1549, we see the system in tall operation in the case of Jacques de Coney, who, in 1544, had surrendered Boulogne to the English. This was deemed an act of treachery, but he was pardoned in 154T ; yet, notwithstand- ing his pardon, he was subsequently tried, convicted, con- demned to decapitation and quartering, and also to the question extraordinaire to obtain a denunciation of his accomplices.* * Kemo Ifilmr de proprlo erimla* aoaltoBtom raptr MmMtoatfai Mnrtttvr tlWM^Oowl. 17 Ood. iz. H. (Hoaor. 4SS). * OMrvel, Piei. HIti. 4— latilUiloM t la. d« la 7nuM«. p. lift (Pftrit, 1865). * iMMBbari, XIV. 88. BMearU •wnmvnto •■ tb« ftbrardlly of Uili ff* •••ding, M Ihoagh a mM wIm had aeeiMd bInMlf would nak« mij dIS* f 852 TORTUBI. When Louis XIY., under^th^^ inspiration of Oolbert, remoulded 'the 'Jurisprudenoo of France, various reforms were introduced into the criminal law, and changes both for better and worse were made in the administration of torture. The Ordonnance of 1670 was drawn up by a committee of the ablest and most enlightened jurists of the day, and it is a melancholy exhibition of human wisdom when regarded as the production of such men as Lamoig- non, Talon, and Pussort. All preliminary testimony was still ex parte. The prisoner was heard, but he was still examined in secret. Lamoignon vainly endeavored to ob- tain for him the advantage of counsel, but Colbert obsti- nately refused this concession, and the utmost privilege allowed the defence was the permission accorded to the judge, at his discretion, to confront the accused with the adverse witnesses. In the question priliminaire^ torture was reserved for capital cases, when the proof was strong and yet not enough for conviction. During its application it could bo stopped and icsumed at the plcasuro of the judge, but if the accused were once unbound and removed from the rack, it could not be rc\|)eated, oven though addi- tional evidence were subsequently obtained.^ A now fea- ture of the law, however, which was equally brutal and eullj in MOttiing othera. — ' Quasi ohe I'vomo ehe Moata a4 iteMO, non aoasi pitt fkoilmente git altri. B egU glosfco U tormentore gli nominl p«r ralirai delitio7>~Dei D«lilU e dolle Pene, f Zii. TheM reairioiionf were yery weU in prinelplo, bnt in praotioe ihey offered HtUe real proteoiion to the aoonsod. Judges intent on procuring a oonvio- tion found no diffieulty in eluding them. A eontemporary, whose Judioial poeition gare him erery opportunity of knowing the truth, remarki : ** lis ont trouT^ une differenoe du mot, et venlent que puisqu'il n'eti pas permis de riitirtr la torture, il soit permis de la conttnusr, quoiquHl y ait eu trois jours entiers de sursdanoe, que si le paUent par bonheur on par miraole a'est pas mort dans oes redoublements de douleurs, ils ont trouvi la dunense iuTon- tion de fwnvMux iwlieet sttrveuus, pour I'y ezposer tout de nouTeau sans y fa ire fin. Par oe moyen ii% ont rendu illusoire T intention de la Loy, qui Teut quon (kut fin de oes oruautes par un renvoy du patient qui a souffert aans oonfesser on sens conflrmer sa eonfession hors de oes tourments." — Nioolas, Dissert, morale et Juridiqne sur la Torture, p. Ill (Amsterd. 1082). OAROLINB OONSTITUTIONS. 858 illogical, was that which authorized the employment of torture avec r&erve dea preuvea." When thia waa decided on, the silence of the accueed under torment did not acquit him, though the whole theory of the question lay in the necessity of confession. He simply escaped the death penalty, and could he condemned to any other punish- ment which the discretion of the judges might impose, thus presenting the anomaly of a man neither guilty nor inno- cent, relieved from the punishment assigned hy the law to the crime of which he had been accused, and condemned to some other penalty without having been convicted of any offence. The cruel mockery of the question prMable waa retained,* and in this composite form, torture remained for ^ more than a century an integral part of the Jurisprudence of Prance. In Qermany, torture had* been reduced to a system, in 1532, by the Emperor Charles Y., whose ' Caroline Consti- tutions" contain a more complete code on the subject than had previously existed, except in the records of the Inqui- sition. Inconsistent and illogical, it quotes Ulpian to prove the deceptive nature of the evidence thence derivable; it pronounces torture to be * res dira, corporibus hominum admodnm noxia et quandoque lethalis, cui et mors ipsa prope proponcnda -/" in some of its provisions it manifests extreme care and tenderness to guard against abuses, and yet practically it is merciless to the last degree. Confes- sion made during torture waa not to be believed, nor could ' TiM praailcAl working of tiiit ijtUm it excmpliltd hy a waU m t of Ibo OmH of OrMoM Im lT4t, hy whieh a maa naai«d BarboroMM, fro« wbo« ■oeoafMtloB ka4 boon oxtortod, waa oondemood lo Ibo galloyf for lifo, booaa»o, at Uio teaUnoo r«ad, bo wat aivmgty $H^Mt§d of prtmoditaUd •ardcr.— LOboloar, Lot Crlnofl oi lot Polnot, pp. iOS^T. • Ordoaaaaoo Orinlaol dAoftt 167t, Tit alv. xU. (Itamborl, SIX. SM, 4IJ). " Ltffg. OaplU]. Oaroli V.o. Is.. Wlii. 80* 854 TORTURE. a conyictiou l)0 based upon it ;* yet what the aceused might coufeas after being removed from torture was to be i-eceivcd as the deposition of a dying man, and was full evidence.* In practiee, however, this only held good when adverse to the accused, for he was brought before his judge after an interval of a day or two, when, if he confirmed the con- fession, he was condemned, if he retracted it, he was at once thrust again upon the rack. In confession under tor- ture, moreover, he was to be closely cross-questioned, and if any inconsistency was observable in his self-condemna- ' tion the torture was at once to be redoubled in severity.* The legislator thus makes the victim expiate the sins of his own vicious system; the victim's sufferings increase with the deficiency of the evidence against him, and the legislator consoles himself with the remark that the victim has only himself to thank for it, " de s6 tantum non de alio quceratur." To complete the inconsistency of the code, it provided that confession was not requisite for conviction ; iri'efragable external evidence was sufficient ; and yet even when such evidence was had, the Judge was emi>owered to toiture in mere surplusage.* Yet thera was a great show of tender consideration for the accused. When the weight of conflicting evidence inclined to the side of the prisoner, torture was not to be applied.' Two adverse witnesses, or one unexceptionable one, were a condition precedent, and the legislator shows that he was in advance of his age by ruling out all evidence resting on the assertions of magi- cians and sorcerers.* To guard against abuse, the impos- * Ibid. 0. zz« Bk, vi mazime fiat, ream per eonlei erooiaiuf orimen fitter!, ejnamodl tamen oonfeMioni minime genUum oredendum ei multo miniu ■•DkeniiA ferendA Mt. * Ibid. 0. Ivili. Neqa« iis, qnaa mediia profandent rei eraoUtibm, eredel; fed tin demnm, qose reeens qncMtioniboa ezeiupii indieabnnt et eoofltobantur, persoribeniurqu* Unqnam ea qnsB morienittm ad Teritoila inTuiigaUonem sint Allaiurft. * Ibid. 0. \v., Ivi., lyU. * Ibid. 0. xxU , Iziz. * Ibid. 0. zzviii. * Ibid. o. zziii., zzi. MODBBN OBRUANT. 856 siblo cflbrt was made to define strictly the exact quality and amount of evidence requisite to Justify torture, and the most elaborate and minute directions were given with respect to all the various classes of crime, such as homicide, child-murder, robbery, theil, receiving stolen goods, poison- ing, arson, treason, sorcery, and the like ;* while the Judge administering torture to an innocent man on Insufllcient grounds was liable to make good all damage or suflfering thereby inflicte<l.* The amount of torment, moreover, was to be pro\|>ortioncd to the age, sex, and strength of tlie patient ; women during pregnancy were never to be sub- jected to it ; and in no case was it to be carried to sucb a point as to cause permanent ii^ury or death.'. Cliarles Y. was too astute a ruler not to recognize the aid derivable from the doctrines of the Roman law in his scheme of restoring the preponderance of the Kaisersbip, and he lost no opportunity of engrailing them on the Juris- prudence of Germany. In his Criminal Constitutions, how- ever, he took care to embody largely the legislation of his pre<1ccc8sors and contemporaries, and though protests were uttennl by many of the Teutonic princes, the code gradually became to a great extent part and parcel of the common law of Germany.* A fair idea of the shaiKS assume<1, under these influences, by the criminal law in its relations with torture, can be obtained by examining some of the legal text-books which were current as manuals of practice from the sixteenth to the eighteenth century.' As the several • Len. C«plUl. Carol. V. c. uzUL-zHv. • Ibid. e. xs. Jsl. • Ibid. e. IflU., lis. AMOMUat, ti parfevliiB tit. m taUr ▼•! port tor- inoiiU ob ▼■lii«ra expiroli ea orU lorqaondsf oit, no qvM doBBi oooipiai. • lUlnMoU niti. Jar. CW. Lib. ii. f f ow. tqq. • My prinei\|ioi aathoritlof oro throo :— I. •* TrMtiitoi d« QamtlAiilbof ■•■ Toriorif Rconim, pvbllnhod In 15M bj Johann Sangor of WilUaiborg, a e«l«braUd Joriteoaralt of ibo Uaio, and fraqoenUj reprintad. Uj odliioa if ibat of 17M, wiUi Botat by tiia laamad Baroa Banekanbari^. II. Praaliea Crlmlnalli, mo Proeamoa Jadieiarloi ad nanm ai eonioa- 8o6 TOBTURI. authors of these works all appear to condemn the principle or to lament the necessity of torture, their instructions as to its employment may safely be assumed to represent the most humane and enlightened views current during the period.' It is easy to see from them, however, that though the provisions of the Caroline Constitutions were still mostly in force, yet the practice had greatly extended itself, and that the limitations prescribed for the protection of innocence and helplessness had become of little real effect Upon the theory of the Roman law, nobles and the leieirned professions had claimed immunity from torture, and the Roman law inspired too sincere a respect to permit a denial of the claim,' yet the ingenuity of lawyers reduced the privilege to such narrow proportions that it was prac- tically almost valueless. For certain crimes, of course, such as majeatasj adultery, and incest, the authority of the Roman law admitted of no exceptions, and to those were speedily added a number of other offences, classed as crimina excepla or ne/andaj which were made to embrace almost all offences of a capital nature, in which alone tor- ture was at any time allowable. Thus, parricide, uxoricide, Ivdineiii Jadiolorain in GermaniA hoo temporo freqaentiorom," bj JobMin Bmerieh yon Botboch, published in 1646 at Frankfort on tbe Mayn. in. ''Traoiaiio Juridioa, da tJan ei Abnau Tortara," by Ilelnrioh von Boden, a diasortaiion read at Halle in 1697 and reprinted by Benekenberg in 1780, in eo^Jnnotion with the treatlte of Zanger. ■ Com nihil tarn MTerum, tam orndele et inhamannm Tideatnr qnam horn inem eondltum ad imaginem Dei .... tormentia laeerare et qoaai exoarnifl- oare eto.— Zangeri Traot. de Qaaoatlon. oap. i. No. 1. Tormentia humanitatia et religionia, neenon Juriaoonaultorum argumenta repngnant. — Jo. Bmerioi a Boabaoh Prooeaa. Orlmin. Tit. t. o. tz. No. 1. Saltern horrendoa tortnra abaaoa oatendlt, qno miaeri, do faoinore aliquo anapecti, fere infernalibna, et ei fieri poaait, plaaqaam diabolieia eraoiatiboa exponnntnr, nt qui nuUo legitimo probandi mode oonvinoi poterant, atroei- tate eruoiatnnm eontra propriam aalniem eonfiteri, aequo ila deatrnere aiTO Jure aiTO injuria, eogantur. — Henr. de Boden Traet. Prafat. * Zangeri eap. i. No 49-68. MODBBN OBBMANT. 86T fratricide, witchcraft, sorcery, connterfeiting, theft, sacrilege, rape, arson, repeated liomicide, etc., came to be included in the exceptional cases, and the only privileges extended in them to libblcs were that they should not be subjected to «« plebeian'! tortures.* In Catholic countries, of ootlrse, the clergy were specially favored. The torture inflicted on them was lighter than in the case of laymen, and proof of a much more decided character was required to Justify their being exposed to torment.* Slight as were the safeguards with which legislators endeavored to surround the employment of torture, they became almost nugatory in practice under a system which, in the endeavor to reduce doubts into certainties, ended by leaving ove.rytliing to the discretion of the Judge. It is instructive to see the parade of insisting upon the ' Kangorl eiip. i . No. 59-88. — Rnlpmhlld, In hif rolnmineiif ** TtmI. do NobiUUlo" (Campodan. 1693), while ondoavoring lo ozali to Ibo viaoot iho privit«goi of tho BobltUj, both of Iho iwoid and robo, it obllgod lo admit Iboir llabllitj to tortvro for Ibot • orlmof , and onlj vrgot Ibat tbo prollmlnarj proof fhonid bo stronger than In tbo eaio of piobotona (Lib. ii. cap. Ir. No. 108-1 SO) ; thoagb. In otbor aoenaaUoni, a jndgo nbjeoting a noblo to iortnro abonid bo p«t to doath, and bta attompt to eommlt anob an ontragc eonid bo retlatod by foree of armt (Ibid. No. 103). IIo adds, boworor, Ibal no apoolal privtUgof ozblod In Vranoo, Lombardy, Vtaloo, Italy, and Basony (Ibid. No. lOft-7). Ai oarly aa 1514, 1 Ind an Inatanoo wblob abowa bow lltUo prolootlon waa aSbrdod by tbooo privllegoa. A oortain Dr Bobonaan, a oltlaon of good ropnto and syndlo of Brfnrt, wbo botb by poaltlon and profofolon botongod to tbo txeepled elaw, wbon brought np for iontoneo on a obargo of oon* fplrlng to betray the olty, and warned that bo eonId rotraot bit eonfeaalon, eztraotod nnder tortare, patbetleally roptled— '* Dnrlng my ozaalnnllon, I waa at ono lime ttretchod npon tbo raak for tlz honra, and at another I waa ilowly hnmed for eight bonra. If I rotraot, I iball bo ozpoeod to tboaa tormenta again and again. I had rathor dio'— and be waa dniy banged. (Brphnrdlanna Varlloqaaa, ann. 1514.) Bmor. a Roebaob Prooeaa. Crlmln. Tit t. oap. xIt. Ai an Ulwlmtlon, von Roebaob itatee that If a laynMn b foand in the home of a protly wonmn, moot anihora eoneider the feet enileient to Joetlfj tortnro on tho ehargo of adoltery~'boe tamen fallit In eaeerdote vol preebytoro, qni it Binlloro« ampleiotnr, praNnmltnr Ikoero eanea benedicendi.* 858 TOETOEI. neoessitj of Btrong preliminaiy eyideiioe,* and to read the elaborate details as to the exact kind and amount of testi- mony severally requisite in each description of crime, and tiien to find that common report was held sufficient to Justify torture, or unexplained absence before accusation, preyarication under examination, and even silence; and it is significant of fearM cruelty when we see Judges solemnly warned that an eril countenance, though it may aigue de- prayity in general, does not warrant the presumption of actual guilt in individual cases f though pallor, under many circumstances, was considered to sanction the ^plication of torture.* Subtle lawyers thus exhausted their ingenuity in discussing all possible varieties of indications, and there grew up a mass of confused rules wherein, on many points, each authority contradicted the other. In a system which thus waxed so complex, the discretion of the judge at last became the only practical guide, and the l^al writers them- selves acknowledge the worthlessness of the rules so labo- riously constructed when they admit that it is leil for his decision to determine whether the indications are sufficient to warrant the infiiction of torture.* How absolute waa this discretion, and how it was exercised, is manifest when * Bt«ii this, how«T«r, wm not dMm«l womurj la mim of eonipinejr »Bd trMfon 'qai flani Mereto, propter probmiioBii dUHealUUm dovraitvr od torUrMn flno Indieiii." (Emer. a Botb. Tit. T. oap. z. No. SO.) Fmha froqiMBf oi Tehomoot foeU iBdioinm od torinrsm. (Zaagcr. c ii. Ho. 80.) Roof onto aeeaMiioaom toI inqnidUoBODi fugiooa •! olUtui oon- iamaotUr abMu, m iBtpooiam roddlt ni (orqaorl ponii. (Ibid. No. 91.) InooBtUntift Mmonii fiuili iadioinm od tortarmm. (Ibid. No. 00-09.) Bx UoiiamiUU orlior indioiam ad (ortaram. (Ibid. No. 103.) Phjalogaoniia malom naturam argaii, noa aatom dolloiBM. (Ibid. No. 85.) * Deifldo a polloro ol iloilllbBt oritar iadielBBi ad toriaram ■MBBdam Bartol. (Bm«r. a Botboob Tit. t. e. tII. No. S8-S1.) Wboroopoa Toa Boo- baeb oaUrs ioto a loog dltsortaiioB •■ (o iho oaaMa of poloooM. * Jadiolf arbllrlo relinqoliBr aa iodiola ilDi iBlfifiUntla ad lortaiam. (Zaagor. eap. ii. No. 10-20.) An Indiola fBlfifiiani ad tortaram Jodieii arbitrio rollotam ofl. . . . ladloia ad tortaram laflloiontia rollqaantar ofltolo Jadiolf. (Bmor. a Boibaeh Tit. t. o. ii. p. 639.) MODERN aiEMAMT. 869 Ton Rosboch tells ns that the magistrates of his time, in the absence of all evidence, sometimes resorted to divina- tion or the lot in order to obtain proof on which they eonld employ the rack or strappado.* Such a system tends of necessity to its own extension, and it is therefore not surprising to find that the aid of tortare was increasingly invoked* The prisoner who re- fused to plead, whether there was any evidence against him or not, could be tortured until his obstinacy gave way.* Even witnesses were not spared, whether in civil suits or criminal prosecutions.' It was discretionary with the Judge to inflict moderate torture on them, when the truth could not otherwise be ascertained. Infamous witnesses could always be tortured ; those not infamous, only when they prevaricated, or when they were apparently conmnitting perjury ; but, as this was necessarily left with the Judge to determine, the instructions for him to guide his decision by observing their appearance and manner show how com- pletely the whole case was in his power, and how readily he could extort evidence to Justify the torture of the priso- ner, and then extract f^om the latter a confession by the same means. A reminiscence of Roman law, however, is visible in the rule that no witness could be tortured against his kindred to the seventh degree, nor his nc%r connections by marriage, his feudal superiors, nor other similar per- sons.* Some limitations were imposed as to age and strength. Children under fourteen could not be tortured, nor the aged whose vigor was unequal to the endurance, though they could be tied to the rack, and menaced to the last extremity. Insanity was likewise a safeguard, and much ' Bmtr. a lUMbaeb Til. t. •. x. Vo. 9ft. 8«d »1lqai JndlcM qaando dMval iadiel, proccdoBi pm ■ortiUgla ti tiDitli. • Ibid. TH. ▼. Mp. X. Ho. S. • Ibid. Til. V. eap. zif . No. It. ' lABgeri op. ell. eap. i. No. S-lft. 860 TORTURE. diflciusioii was had as to whether the deal^ dmnh, and blind were liable or not. Zanger decides in the affirmative, wheneyeri whether as principles or witnesses, good evi- dence was to be expected from them.* The Roman rule was followed that, whenever several parties were on trial nnder the same accusation, the torturer should commence with the weakest and tenderest, while a refinement of cruelty prescribed that if a husband and wife were arraigned together, the wife should be tortured first, and in the pre- sence of her husband ; and if a Ikther and son, the son before his father's face.* Some facilities for defence were allowed to the accused, but in practice they were almost hopelessly slender. Ue was permitted to employ counsel, and if unable to do so, it was a duty of the Judge to look up testimony for the defence." Alter all the adverse evidence had been taken, and the prisoner had been interrogated, he could demand to see a copy of the proceedings, in order to frame a de- fence ; but the demand could be rcAised, in which case, the Judge was bound to sift the evidence liunself, and to inves- tigate the probable innocence or guilt of the accusetL The recognized tendency of such a system to result in an nn- Ikvorable conclusion is shown by Zanger's elaborate in- structions on this point, and his warning that, however Justifiable torture may seem, it ought not to be resorted to without at least looking at the evidence which may be attainable in favor of innocence \* while von Kosbach cha- racterizes as the greatest fault of the tribunals of his day, their neglect to obtain and consider testimony for the prisoner as well as that against him.* In some special and extraordinary cases, the judge might allow the accused to be confronted with the accuser, but this was so contrary to the secrecy required by the inquisitorial system, that he ■ Zaogeri op. oil. op. i. No. 84-48. Ibid. oap. it. No. 26-30. • Ibid. o»p. III. No 3. * Ibid. cap. iii. No. 1. 4, 6-43. * Prooeai. Crim. Tit. v. cap. zi. No. 3. MODERN OBRMAMT. 861 wfi8 cnuiioncd that it was a very unnsnal course, and one not lightly to be allowed, aa it was odions, unnecessaryi and not fiertinent to the trial.* Theoretically, there was a right of apiKMil against an order to inflict tortnre, but this, even when (lermittcd, could usually avail the accused but little, for the ex parte testimony, which had satisfied the lower Judge, could, of course, in most instances, be so presented to the higher court as to insure the affirmation of the order, and prisoners in their helplessness would doubt- less feel that by the attempt to appeal they would probably only increase the severity of their inevitable sufferings.* Slender as were these safeguards in principle, they were reduced in practice almost to a nullity. That the discretion lodged in the tribunals was habitually and frightfully nlinR0<1 is only too evident, when von lloslmch deems it neces- sary to reprove, as a common error of the Judges of his time, the idea that tlio use of tortnre was a matter alto- gether dependent upon their pleasure, '^as though nature had created the bodies of prisoners for them to lacerate at will.'" It was an acknowledged rule, that when guilt could be sufficiently proved by witnesses, torture was not admissible ; yet a practice grew up whereby, after a man had been duly convicted of a capital crime, he was tortured to extract confessions of any other offences of which he might be guilty.* Martin Bernhardi, writing in 1T05, as- serts that this was resorted to in order to prevent the convict from appealing from the sentence f and as late as 1764, Beccaria liUs his voice against it as a still existing abuse, which he well qualifies as senseless curiosity, im- * Zftngvri Mp. II. Vo. 49--60.— Cam Mim oonflroBUUo odloM fit •! fpeeiM fafgwilonit, el r«ai«<lfam •xtnordinarivB wA rabcUnUMB prooww BOB ptrtinent, ei propl«r«B bob BeetMarliu * Ibid. enp. it. Ho. 1-6. ■ ProcMi. CriniiB. Til. ▼. OBp. is. No. IS! * SoBgori oop. I. Ho. 87. * BodoB do Uta oi Ab«a Tortoiw Th xii. MftrtiBl Roinluirdi Din. laBBg. dt Tortara cap. l. M- 31 862 TORTURB. pertinent in the wantonness of its cruelty.* Another posi- tive rule was that torture could only be applied in occusor tions involving life or limb ;* but Senckenberg assures us that he had known it to be resorted to in mercantile mat- ters, where money only was at stake.' Equally absolute was the maxim that torture could not be employed unless there was positive proof that crime of some sort had been committed, for its object was to ascertain the criminal and not the crime \* yet von llosbach remarks that as soon as any one claimed to have lost anything by theft, the Judges of his day hastened to torture all suspect, without wait- ing to determine whether the theft had really occurred as alleged,* and von Boden declares that many tribunals were in the habit of resorting to it in cases wherein subsequent developments showed that no crime had rcallj' been com- mitted, and he quotes a brother lawyer, who Jocosely cha- racterized such proceedings as putting the cart before the horse, and bridling him by the tail.* * He ropretenii tbe Judge ai addretiing hii vloilm ** Tn ••! U r«o di an deliiio, danque h pomlbile ohe lo all di o«nt' altrl delitU : quMto dubbio ml poia, vogUo aooertarmone eol mlo orlterio di veriiil : !• \^gg\ ii iormontano, perehe aei r«o, gerob* pooi en«r r«o, perehe vogUo obe tu aii r«o.** — Dei DeUUi e deUe Pcne, f xii. * Zangeri Pratfai. No. 81. * Zangari Traot. Not. ad p. 008. Bernbardi aUtaa tbai in caaea of preaamad fraodalant banlcrnptoy, not only the aoouaod, but alao Uio wilnosaaa, if aaapected of conoealing tba trntb, conld ba tortured. — Diaa. loang. de Tort, eap. I. \ ir. * Zangeri Prnfat. No. 89. — ^Tortura enim datnr non ad liqotdandnm fao- tnni aed peraonam. * Proeeaa. Criminal. Tit. t. oap. tx. No. 17. * De tJau et Ab. Tort Tb. ix.—Qui alitor prooedit Jadex, equnm oauda frenat et poat quadrigae eaballum Junglt. Tbe biatory of criminal Juriaprudenoe la full of aneb proeeedinga. Boyrln dn VUlara relatea tbat during tbe war in Piedmont, in 1660, be releaaed from tbe dnngeona of tbe Marquia of Maaaerano an unfortunate gentleman wbo bad been aeoretiy kept tbere for eigbteen yeara, in conaequonce of tiaving attempted to aerve a prooeaa from tbe Duke of Savoy on tbe marquia. Ilia diaappearanoe baving naturally been attributed to fonl play, bia kindred proaeottted an enemy of tbe family, wbo, under atreaa of torture, duly oon- MODKRN OKRMANT. 868 We haye seen nbovo that the prisoner was entitled to see a copy of the evidence taken in secret against him ; yet Ton Rosbach states that Judges were not in the habit of \|)ennitting it, though no authority Justified them in the rcAisal ;* and half a century later this is confirmed by Bem- hardi, who gives as a reason that by withholding the pro- ceedings from the accused they saved themselves trouble.* Even the inalienable privilege of being heard in his defence was habitually rcftiscd by many tribunals, which proceeded at once to torture after hearing the adverse evidence, and von Uosbach feels it necessary to arfrue at some length the propriety of hearing what the accused may have to say.* In the same way, the right to appeal from an order to torture was evaded by Judges, who sent the prisoner to the rack without a preliminary formal order, thus depriving him of the opi>ortuuity of ap\|>ea]ing.* If the irrcs\|)onsible power which the secret inquisitorial process lodged in the hands of the Judges was thus fear- fully abused in destroying all the safeguards provided for the prisoner by law, it was none the less so in disregarding the limitations provided against excessive torture. A uni- versal prescription existed that the torment should not lie so severe or so prolonged as to endanger life or limb, or to liormanently injure the patient; but Senckenberg assures us that ho was ]>crsonally cognizant of cases in which inno- cent \|)crsons had been cripplc<l for life by torture under false accusations,* and the meek Jesuit Del Rio, in his instructions to inquisitors, quietly observes that the flesh ff—d to bftTlns eommliUd Ui« mvrdtr, and w«i MeoHlnglj mmmM la a lown «h«r« MMnrmao bloiMlf wm rtddlng.— Bojvia dm VUUn , IMoioirw Ur. Ttt. * ProeMt. Criminal. Til. T. eap. x. No. T.— IlodU rtro Jadloat rtit eaplli ■on txhlbant lii<ileionim •xanplam, •! pro««davl ad loriaram. 8«d baa apiaio la Jara andiqaa rafvllUar, at ago mqIo aaafaoioa aaaqaaai inraal alk\|ttaai lagaai »a« ratlonaai pra UI1 obaarTanila. * DIm. Inaag. eap. I. f sit. ' Proeeu. Criminal. TIL ▼. eap. x. Ka. 8-16. ' Darabardl laa. oil. ' Nal. ad p. 907 Sangarl ap. alt 864 TOBTUBB. should not bo wounded nor tbe bones broken, but tli&t tor- ture eould scarce be properly administered without more or less dislocation of the Joints.* Yon Boden, moreover, yery Justly points out the impossibility of establishing any rules or limitations of practical utility, when the capacity of endurance varies so greatly in different constitutions, and the executioners had so many devices for heightening or lessening, within the established bounds, the agony inflicted by the various modes of torture allowed by law. Indeed, he does not hesitate to exclaim that human inge- nuity could not invent suffering more terrible than was constantly and legally employed, and that Satan himself would be unable to increase its refinements.* It is true that the old rules which subjected the Judge to some responsibility were still nominally in force. When ' torture was ordered without a preliminary examination, /or when it was excessive and caused permanent injury, the /Judge was hold by all authorities to have acted through '' malice, and his office was no protection against reclamation / for damages.* Zanger also quotes the Roman law as still in force, to the effect that if the accused dies under the torture, and the Judge has been either bribed or led away by passion, his offence is capital, while if there had been insufficient preliminary evidence, he is punishable at dis- ' D«l Rio MagiMr. Di«iiiltlt. Lib. v. Met. iz.— Ui oorput r«i manMt ▼•! illmmn vol mo<lie« Imam, mItudi inDooeniio t«I tupplioio : illsMttin, dieo, quod ad oarDla iMerationem nut oitluD vol Derrornm rrMtnram, naui quoad dlaooDpagiDnlionoiii, tlvo dl^unoiionom Janetuntram at oniuu non Inimoda- ratuni viz in tormantis ea potest evitari. * De Uau at Abuau Tort. Tb. ziii. — I>elode quoqaa la altlmo tortura grada eonoeaeo, lummi qaoa bumana malitia invanire potult oraelatui, tioa fioa et mode tic adhibmi toUantf ut dlabolum ipiam aiperlua quid quo eor- pori bumano io bae vita noeeat, azoogitara pone dnbiun ait. It muat not be luppoaed from thia and tbe preoading astraota tbat vos Bodan waa an opponent of torture on prineiple. WItbin eertain bounds, be advooated ita use, and be only deplored tbe azeessive abase of it bj tbe tribunals of tbe day. " Zangeri op. olt. cap i. No. 4S-44. MODKRN QBRMANT. 865 cretion.* Tho secrecy of criminal trials, however, offered All almost impenetrable shield to the Jndge, and we are qnite prepared to believe the assertion of Sendcenberg that these rnles had become obsolete, and that he had seen not a few instances of snch violations of the law without there being any idea of holding tho Judge to accountability.* Not the least of the evils of the system, indeed, was its inevitable influence upon the Judge himself! He was re- quired by his office to be present during the infliction of j torture, and to conduct the interrogatory personally. Cal- > lousness to human suffering, whether natural or acquired, / thus became a necessity, and the delicate conscientiousness which should be the moving principle of every Christian , tribunal was well-nigh an impossibility. Nor was this all, for when even a conscientious Judge had once taken upon himself the responsibility of ordering a fellow-being to the ( torture, every motive would lead him to desire the Justifica- * tion of the act by the extortion of a confession ; and the very ' idea that he might be possibly held to accountability, in- stead of a safeguard for the prisoner, became a cause of subjecting him to additional agony.* Both the good and the evil impulses of the Judge were thus enlisted against tho unfortunate being at his mercy. Human nature was not meant to face such temptations, and tho fearful ingo- nuit3% which multiplied the endless refinements of torment, testincs how utterly humanity yielded to the thirst of wrinpring conviction from the weaker party to the unequal conflict, where he who should have been a passionless * Zftngtrt wp. III. Ho. SO-M. * Loe. eit IIvJu doolriaa forto bedl« pftirvf wn», •! vidi tpM MMipU aennvlU «bi ne quMmi de \|WvW»do Jadio* ooflUUm. ' Tb« pnid««M of perMToring hi loiivrt asUI ft e<mA«loa w«t rM«b«d W9 allMwi rMognliMl, if noiadTlMd, bjJvrWtf . ' Oeearrilbie eaat«lA DranI dioMiiifl, H J«d«i lnd«blU lorMrll sll^iaov, Ibell rt«ni eonfiUri qaod ftell l«Kitim« lori«t« do qua eoiir«nioiie fnoUt noUHvm rogstvm.* (Jo. Bm. a Rotb. ProMM. Crim. TIL ▼. eap. xv. No. 6.) To togsooi Uio Idoa w«a proo- Uoolly to roeomoioiid It. 81* 866 TORTURE. arbiter waa made neoeaaarfl j a combatant. How completely the prisoner thus became a qaarry to be hunted to the death is shown by the Jocular remark of Farinacci, a cele- brated authority in criminal law, that the torture of sleep- lessness, invented by Marsiglio, was most excellent, for out of a hundred martyrs exposed to it not two could endure it without becoming confessors as well.' Few, when once engaged in such a pursuit, could be expected to follow the example of the Milanese judge, who resolved his doubts as to the eflScacy of torture in evidence by killing a favorite mule, and allowing the accusation to fall upon one of his servants. The man of course denied the offence, was duly tortured, confessed, and persisted in his confession after torture. The Judge, thus convinced by experiment of the Ikllacy of the system, resigned the office whose duties he could no longer conscientiously discharge, and in his sub- sequent career rose to the cardinalate.* ■ QioUd hf HieolM, Din. Mor. el Jsrid. nr Ift TorUra, p. 11. Tkia ■iod« of tortare CMuisUd la placing Ui« a c c a aaU btiwMii two jailan, wko pamv«ll«d hia wbanerar h« b«gaa to doM, and Uiaa. with propar ralayi, dapriTad blm of slaap for forty bonn. Its iaraator eoaaadorod it hamaaa, ai it andaDgarad aaltbar life nor limb, bat tbe astramity of auiaring to wbiob it radaead tba prisoaer ia ihowii by ila oBaaaiooanaM. I ba?a parpoady abttaiaad from aatartng into the datallt of tba varioai fonna of tortara. Thay aaay ba intoraatiag to tba antlqaariaa, bat tbcy illastrato do priaeipla, and little woald ba gained by daseribiag tbaaa velan* oholy monttmeata of bamaa error. Thoae who may be earioat ia aneb mat* tort will And ample material in Or open Obeerrat. Jnr. Grim, de Appllcat. Torment., 4to., IlanoT. 1764; Zangeri op. ait. eap. ir. No. 9, 10; Ilieron. Magiof de Bqanleo eum Appendd. Amatalod. 1664, eto. Aeeording to Bom- bard i, Jobann Qraefe ennmeratea no lam thaa aix bandred different inttra- mentf inTented for the purpose. * I give thii aneedoto on the aathority of Niaolafl (op. oil. p. 169), who quotaa it at a well-known oircamitanee, without fbrniahing eiUier name or date. He alao relates (p. 178) a somewhat similar ease wlileh was told to him at AmsUrdam in explanation of the fiust thai the oily was obliged to borrow a headsman from the neighboring towns whenever the serviees of one were required for an ezeoution. It appears that a young man of Amstordam, returning home lato at night from a roTel, sank upon a door-stop In a drunken sleep. A thief emptied his pockets, securing, among other things. MODSRN OKBMANT. 86t In theory, the accused conld be tortured only once, but tills, like all other attempts to humanize the law, amounted to but little. A repetition of torture conld be Justified on the ground that the first application had been light or in- sufficient ; the production of IVesh evidence authorized a second and even a third infiiction ; a failure to persevere in confession after torture rendered a repetition requisite, and even a variation in the confession required confirmation by the rack or strappado.* With all this hideous accumulation of cruelty which shrank from nothing in the effort to wring a confession from the wretched victim, that confession, when thus so dearly obtained, was estimated at its true worthless- ness. It was insufficient for conviction unless confirmed by the accused in a subsequent examination beyond the confines of the torture chamber. If then retracted, the accused was again tortured, when a second confession and retraction made an exceedingly awkward dilemma for the subtle Jurisconsults. They agree that he should not be allowed to escape after giving so much trouble. Some advo- cated the regular punishment of his crime, others demanded for him an extraordinary penalty; some, again, were in favor of incarcerating him ;* others assumed that he should ft dirk, wlib which, ft ftw ninatM IsUr, be tUbbad ft mmii In ft qvaml. Rciarnlng to Ui« lUeper, b« illpped Ui« bloody wospon baek to lU piseo. Tho yonnis man swoke, bai, beforo ho had Ukos vftny lUpo, bo wat toiiod bj Iho wotoh, who bad Jail dlteoTorod tbo mnrdor. Appearmaoot woro osftlnti him ; be wa« loriarod, oonfowed, portitUd In eonfoMloa ftfWr lor- iaro, and waf daly hanged. Sooa aflor, Iho roal orlmlBal waa oondonaod for anolhor erimo, and roToalod tbo biitory of iho prooodlng ono, wboroopon iho SiaUf Oenoral of iho Unllod ProTlaeoo, Ming iho ordinary logle of Iho erlminal law, deprirod iho eliy of Amflordaoi of ito oiocaUonor, asa p«nlab- vont for ft rofoil thai waa inoTiiablo andor Iho iyfiom. ' Kanfori eap. t. No. 73-S.1. Sono wrllorf , bowovor, attlboriio Ita ropo* liUoa ai ofloB ai nay aoom nooofiary to the Jodgo (Roobaeb op. oil. Til. r. eap. XT. No 14), and Dei Rio nontlont a oajo la We«lphalia wherein a naa acea»e«i of lyeaalhropy waa loriarod twenty Umoa (Lib. ▼. Sect. is.). * Saagerleap. ▼. No. 79-SI. 868 TOBTUBX. be tortured a third time, when a confesdon, followed as before by a recantation, released him from ftirther torment, for the admirable reason that nature and Justice alike abhorred infinity.' This was too metaphysical for some "Jurists, who referred the whole question to the discretion of the Judge, with power to prolong the series of alternate confession and retraction indefinitely.* Others solved the knotty problem by Judiciously advising that in the uncer- tainty of doubt as to his guilt, the prisoner should be soundly scourged and turned loose, after taking an oath not to bring an action for false imprisonment against his tormentors ;* but, according to some authorities, this kind of oath, or urpheda as it was called, was of no legal value.* There were other curious inconsistencies in the system which manifest still more clearly the real estimate placed on confessions under torture. If the torture had been in- flicted by an over-zealous Judge without proper preliminary evidence, confession amounted legally to nothing, oven though proof wore subsequently discovered.* If, on the other hand, absolute and incontrovertible proof of guilt were had, and the over-zealous Judge tortured in surplusage without extracting a confession, the offender was absolved.* ' B«nibrdl Dbi. Inaag. Mfk. i. f zi. Bm«r. ft RotbMb, op. eii. Tit. v. eap. xyIII. No. IS. So BoooarU, (I>e- lltt. Pent f XII.) — < Alouni doliorl ed aloano nasionl Don pomoilono qoMU infiMDO peliiloDo dl priooipio cbo p«r ire Tolto \| altro nasioni od altrl dottorl U iMoiano ad arbltrio dol gludloo." ZftDgori loo. oU. * Borabwdi, oap. i. f xli. Cf. CaroU V. Cout. Orlm. oap. xz. f 1. * Zangeri eap. ii. No. 9-10; cap. v. No. 19-28. * Ibid. oap. V. No. 1-18.— Bigotry and taporititlon, bowovtr, did not allow tboir Tiotiou to eioapo to eaiilj. In aooaaationt oftoroory, if appear- anoei were againat tbe priaoner — tbat la, If be were of oyII repnte, If be abed no teara daring the torture, and if he rceoTored apeedily after eaeb nppliea- tion — be waa not to be liberated beoauae no oonfeaalon eould be wrang from him, but waa to be kept for at leaat a year, ** aqualoriboa earoeria maneipan- dua et orueiandua, aaopiaaime etiam ezaminandna, pmoipue aaoratioribua diebua."— Iliokii Defena. Aq. Probm oap. i. No. S3. ATROOITT or TRB 8TBTBM. 869 If, Agnin, a man and woman were tortured on an accnsation of adultery committed with each other, and if one confessed while tlie other did not, both were acquitted.' Nothing more contradictory and illogical can well be imagined, and,a8 if to crown the absurdity of the whole, torture after con- viction was allowed in order to prevent appeals ; and if the unfortunate, at the place of execution, chanced to assert his innocence, he was often hurried IVom the scaffold to the rack in olxsdience to the theory that the confession must remain unrctracted. One can scarcely repress a grim smile at flnding that this series of horrors had pious defenders who urged that a merciful consideration for the offender's soul required that he should be brought to confess his iniquities in order to secure his eternal salvation.* The atrocity of this whole system of so-called criminal Justice is forcilily dcscrilied by the honest indignation of Augustin Nicolas, who, in his judicial capacity under Louis XIV., had ample opportunities of observing its practical working and results. ^ The strappado, so common in Italy, and which yet is forbidden under the Roman law . • • The vigils of Spain, which oblige a man to support himself by sheer muscular effort for seven hours, to avoid sitting on a ix>intc<l iron, which pierces him with insufferable pain; the vigils of Florence, or of Marsiglio, which have been de- scribed alK>ve ; our iron stools heate<l to redness, on which we place poor half-witted women accused of witchcraft, cxhaustod by frij^htful imprisonment, rotting from their dark and filthy dungeons, lomlcd with chains, fleshless, and half dead ; and we pretend that the human trnme can rosifft those devilish practices, and that the confessions which our wretched victims make of everything that may be charged against them are true." Under such a scheme * ZailK?! Mp. ▼. Ho. M-Sl. B<mIv, op. oii. Tb. ▼. VI. Ibid. * IXwert. Mor. et Jarid. tar I* Tortar^, p, 36-7. dfO TOETUBB. of Jurisprudence, it is cosy to understand and appreciate tlio case of the unfortunate peasant, sentenced for witch- craft, wlio, in his dying confession to the priest, admitted that he was a sorcerer, and humbly welcomed death as the fitting retribution for the enormous crimes of which he had been found guilty, but pitifully inquired of the shuddering confessor whether one could not be a sorcerer without knowing it.* We have seen above how great was the part of the In- quisition in introducing and moulding the whole system of torture on the ruins of the Roman law. Even so, in the reconstruction of European Jurisprudence, during the six- teenth and seventeenth centuries, the ardor of the inquisi- torial proceedings against witchcraft, and the panic on the subject which long pervaded Ohristendom, had a powerful influence in familiarizing the minds of men with the use of torture as a necessary instrument of Justice, and in autho- rizing its employment to an extent which now is almost \ inconceivable. From a very early period, toiture was recognized as in- dispensable in all trials for sorcery and magic. In 358, an edict of Constantius decreed that no dignity of birth or station should protect those accused of such offences from its application in the severest form. IIow universal its employment thus became is evident from a canon of the council of Mcrida, in G6G, declaring tliat priests, when sick, sometimes accused the slaves of their churches of bewitching them, and impiously tortured them against all ecclesiastical rules.* That all such crimes should be re- garded as peculiarly subjecting to the last extremity of torture all suspected of them is therefore natural, and its ' NIoolM, p. 169. • Oonii. 7 Cod. iz. zyIU. * Similiter ot quia eomperimnt allquas praibjteros ngriiudiott aoei<l«nU, familin eoelMitt iuab orimen imponore, dio«nU «z •& hominei aliqaoi male- fioiam tibi feoisst eosque tua poiestate torqaero, ei par multam impiataiam dairioieniara.— OoDoil. Bmaritao, ann. 666 oan. zt. BOBOBBT AND WITOnOBAFT. 871 use In the trinls of witches and sorcerers ctime to be re- garded as indispensable. The necessity which all men felt that these crimes should be extiriHited with merciless seyerity, and the impalpable nature of the testimony on which the tribunals had mostly to do\|)cnd, added to this traditional belief in the fitness of torture. Witchcraft was considered as peculiarly difflcult of prooff and torture consequently became an unfailing resource to the puxxlcd tribunal. Jacob Kickius, who, as a ningistrate during an epidemic of witchcraft, at the close of the scvontccuth cx;ntury, had the fullest practical ex\|)e- ricnce on the subject, complains that no reliance could be p1accd on legal witnesses to procure conviction; and Del lUo only expresses the general opinion when he avers that torture is to lie more readily resorted to in witchcraft than in other crimes, in consequence of the extreme diflflculty of its proof.* Even the wide-spread belief that Satan aided his wor- shippers in their extremity by rendering them insensible to pain did not serve to relax the efforts of the extirpators of witchcraft, though they could hardly avoid the con- clusion that they were punishing only the innocent, and allowing tlie guilty to escape. Various means they em- ployed to circumvent the arch-enemy, of which the one most generally adopted was that of shaving the whole per- son carefully before applj'ing the torture;* but notwith- * Per l9f(mlM ImIm bajut r«t ftd eoBTln«mi<1«m M«t ••rU bftWrl ami poU«i.— RkkH DefeM. Aqaa Probti eiip. itt. No. 117. * Idqa« fMUia* In eiMpto •! oeea1t« d1fllfniiM\|a« probntionli erimlne BMiro •eriilegli ftdmlMrioi q«am \n Allia-^DbqabiL Magtwr. Lib. ▼. SmU ill. No. S. ' NieolM (p. 145) iBTolghi with lionoti Indignation »l Uio rrlghifally la. decenl enlrag^i to whleh remale prltonerf w«r« ra1iJ««tod In obodlonc* to this anporttliiOB. Th« eorioat reador will Snd In Dt 1 Rio (Lib. v. Sect. Is.) amplo detail! at to tbo art* of the BtU One to vnnUln bla follower* agalaei Ibe plena efferta of the Ini\|nbliion. Tbero waa ra general a belief among •aligbteaed men ibat erimlaala of all kinda bad aeereta to deaden tbe anfor- 8t8 TOBTUEB. Btanding all the precautions of the most experienced exor- cists, we find in the bloody farce of Urbain Grandier that the fiercest torments left him in capital spirits and good humor.* The tender-hearted Rickius was so convinced of this source of uncertainty that he was accustomed to ad- minister the cold water ordeal to all the miserable old women brought before him on such charges, but he is careful to inform us that this was only preparatory proof, to enable him with a safer couscience to torture those who were so ill-advised as to float instead of sinking.* When the concentrated energies of these ingenious and determined law dispensers failed to extort by such means a confession from the wretched clowns aufl gossips thus placed at their mercy, they were even yet not wholly at fault The primitive teachings of the Inquisition of the thirteenth century were not yet obsolete, and they were instructed to treat the prisoner kindly; to introduce into his dungeon some prepossessing agent who should make friends with him and induce him to confess what was wanted of him, promising to influence the Judge to luirdon ; at that moment the Judge is to enter the cell and to promise mercy, with the mental reservation that his mercy should be shown Ingt of tortar«, Uioi it la qaiU likely Utt anfortaofttM w«r« ioiii«Um«t able to ttrongihon their endaranee with aoine anaMthetic. ' <'Q'sprte qa'oD eut Uvi aea Jambea, qni aTolent iU d^eblriea per la torture, et qu'on lea eat pr^ntc^ ao feu pour j rapeller quelque pen d'eaprila et de Tigueur, U ne ceaaa paa de a'entretenir areo aea Gardea, par dee dia- ooura pen a^rieuz et pleina de railleriea ; qu'il mangea aveo ap^t et but aYeo plaiair troia ou quatre oonpa ; et qu'il ne r^pandit auouna lamiea eo aouf- frant la queation, ni aprte TaToir aouiferte, lora mdme qu'on I'ezoroiaa de rezorolame dea Magieiena, et que rBzoreiaie lui dit 4 plua de oioquante re- priaea * praaelpio ut ai aia innooena elTundaa laebrjmaa.' "— Hiat dea Diablea de Loudon, pp. 167-8. * Tune non qnasationi aubjioiebantur atatim, aed pro confortatione prc- oidentiuD indieiorum, probam aquaa adhibebamna primitna, non ad eonrin- oendam earn per bine, aed praDparnndum et munlendum tortuno Tiam. — RiokU op. oit. oap. x. No. 24. 80B0BBT AND WITOnORAFT. 373 to tho cofnmniiity aiid not to tho prisoner^ Or, still fol- lowing the Ancient traditionn, the tinhftppy wretch was to be told that his associate prisoners had borne testimony against him, in order to induce him to revenge himself by turning witness against them.* AVhen the law thus pitilessly turned all the chances against the victim, it is easy to understand that few escaped. In the existing condition of popular frensy on the subject, there was no one but could feel that he might at any moment be brought under accusation by personal enemies or by unfortunates compelled on the rack to declare the names of all whom they might have seen congregated at tlie witches' sabbat. We can thus readily comprehend the feelings of those who, living under such uncertainties, coolly and deliberately made up their minds in advance that, if chance should expose them to suspicion, they would at once admit everything that the inquisitors might desire of them, preferring a speedy death to one more lingering and scarcely less certain.* The evil fostered with such careful exaggeration grew to so great proiiortions that one Judge, in a treatise on the subject, boasted of his zeal and ex\|)crience in having dispatched within his single district nine hundred wretches in the space of flReen years, and ' Dedtsw wtiit 9o for M lo MilhoriM lb* Jadg« to tstrAp lb* pritontrwlih •bfolaU fnUeboed— ••fsltit promlnlt." Del Rio (Lib. ▼. B«e(. z.) loTtily prononneet Ibit inodnilttibU, and ibvii proeeMi to draw a diaUDelion botwtoa tloinm malnm and doittm houum. He forbidi a Ua, bat advliea aqaivoeatloa anil ambigann* promltea, and If the prteoaer la deeelred, be baa only bim- eeir to tbank for it^** Poterit Jndex ati aM\|«lToealiona el Torbis aabdolla (ritra mendaelam) e( amblgna promlMiiova Mberationla, vl roam Indncat ad falenfinm veritateai.'* llef\|no(ea from Sprenger tbe device alladed to In Ibe l^xi^i'jqdex . . . proniitttraceregratiani,tabiBUnigeadoeiblvolreip«b. in eajne eonnerTatlonitm totnn qvod ait eat gratioeaai.' Tbe pan apon tbe word "gvatia,** on wbieb a bamaa life la nade to depend, is aearreij trana* la labia. « Nicolai (^ 144). from Bodln. Lib. it. " Falbor Tanner rtates that ba bad Ibis froai learatd and aspertonoed aias. (Bioolaa, p. IM.) 33 3t4 TOBTURB. another tnutworthj anthority relates with pride that in the diooess of Oomo alone aa many as a thousand had been burnt in a twelvemonth, while the annual average was over a hundred.* In this long history of Iq^ized cruelty and wrong, the raoes of northern Europe are mostly exceptionaL Yet it is somewhat remarkable that the first r^^uiar medisval code in which torture is admitted as a means of investigation is the one of all othere in which it would be least expected. The earliest extant law of Iceland, the Gh[gis, which dat«ss from 1119, has one or two indications of its existence, which are interesting as being purely antochthonic, and in no sense derivable, as in the rest of Europe, from the Roman law. The character of the people, indeed, and of their institutions would seem to be peculiarly incompatible ' with the use of torture, for almost all cases were submitted for decision to Jiiries of the vicinage, and,.vJicn this was unsuitable, rcaort-was had to the ordeal. The iudigcuous t origin of the custom, however, is shown by the fact that while it WAS used in but few matters, the most prominent class subjected to it was that of pregnant women, who have elsewhere been spared by the common consent of even the most pitiless legislatore. An unmarried woman with child, who refused to name her seducer, could be forced to do so by moderate torments which should not break or discolor the skin.* When the inhabitants of a district, also, refhsed to deliver up a man claimed as an outlaw by another dis- trict, they were bound to torture him to ascertain the truth of the charge* — a provision doubtless explicable by the • KieolM, p. 164. * ** lU iorqaaittr ui nto plagam reforat bm color onUi HroiCfti." — Or<g<f, Feiteih»tir cap. zzziii. Tho object of ihU wm to enable the AunilyTo obtain the fine from the lednoer, and to cave tbemtelvea the expenie of lopporting the ebild. When the mother confeaeed, howoTor, additional OTidence was re- qaired to eon?ict the pvtatiTe father. " Ibid. Yigilotht cap. oxi. TUB BOAMDIMAVIAM NATIONS. 8t6 important part occupied by ontlawry In all tho schemes of Scandinavian legislation. Those are the only instances in which it is permitted, wliile its occasional abuse is shown by a section providing punishment for its illegal employ- ment.* Slaves, moreover, under the Icelandic, as under other cmlcs, had no protection at law, and were at the mercy of their masters.* These few indications of the liability of freemen, however, disappear about the time when the rcRt of Euro\|)e was commencing to adopt the use of toKnrc. In the ^^ Jamsida," or code compiled for Ice- land by Hako Ilakonsen of Norway, in 1258, there is no allusion whatever to its use. The Scandinavian nations, as a whole, did not admit torture into their systems of Jurisprudence. The institution of the Jury in various forms was common to all, and where proof u]H>u o\|)cn trial was deficient, they allowed, until a comfmrativcly recent date, the accused to clear himself by sacramental purgation. Thus, in the Danish laws of Wal- demar II., to which the date of 1240 is generally assigned, there is a species of jiermanent Jury, nandemend^ as well as a tcmi>orary one, ne/ninge^ and torture seems to have formed no part of Judicial proceedings.* This code was in force until 1683, when that of Christiem V. was promul- gate<l. It is probable that the use of torture may have crept in from Germany, without l)eing regularly sanctioned, for we And Chris ticrn forbidding its use except in cases of high treason, where the magnitude of the oflfence seems to him to Justify the infraction of the general rule.* Ue, how- ' OfigU, Vlfpiloihl Mp. IixitIH. * Sehlegel, Conont. ftd QrigSt f xilx. * L«f . Ciabrie. WoMMsari Lib. ii. oap. t, si. (Kd. Anelitr, Umtnlm, 17S9). * CbrlntiiiBl v. Jnr. I>mI«. Lib. i. oap. xs. (Bd. W^ghorfl, HaAiUb, 1698). "De ••mIh* hab«iidaeti qaiitlio, »ifll propUr faelnM wpiU tU oondev> nftlat ; exeepio Imtm mnjMlailf orlnin, qaod In fammo grsdv ftdmlwaoi r««rii. Hie raioi e»OM» qvaliUa impedimeiito ••! qoomlvM proc«M«t ordl ••rl«t obverrari po#fli." 8«nelieiibrg (Corp. Jnr. Oonaan.T. I. Pnet p. IxxxtI.) glrM Um ebapier 8)6 TOBTURE. over, encouraged one of its greatest abuses in pemiittiug it on criminals condemned to death. So, in Sweden, the code of Raguald, compiled in 1441 and in force until 1614, during a period in which torture flourished in almost every European state, has no place for it. Trials are conducted before twelve nempdarii^ or jury- men, and in doubtful cases the accused is directed to clear himself by oath or by conjurators. For atrocious crimes the punishments are severe, such as the wheel or the stake, but inflictions like these are reserved for the condemned. Into these distant regions the Roman Jurisprudence pene- trated slowly, and the Jury trial was an elastic institution which adapted itself to all cases. To the same causes may be attributed the absence of torture from the Common Law of England. In common with the other Barbarian races, the Anglo-Saxons solved all doubtful questions by the ordeal and wager of law, and in the collection known as the laws of Henry I. a prin- ciple is laid down which is incompatible with the whole / theory of torture, whether used to extract confession or ' evidence. A confession obtained by fear or fraud is pro- I nounced invalid, and no one who lias confessed his own I crime is to be believed with respect to that of another.* ' Such a principle, combined with the gradual growth of the trial by Jury, doubtless preserved the law ih>m the contamination of inquisitorial procedure, though, as we lieadi of a eoUo in Daniih, tb« K§y»§r RtisHn, furnished to him by Anchor, in wliiob cap. iv. and v. contain directions aa lo Uio administration of torture. The code ia a mixture of Qerman, civH, and local law, and probablj wai in force in aome of the Germanic provincef of Denmarlc. The Frisian code of 1323 ia a faithful transcript of the primitire Barbarian Jurisprudence. It contains no allusion to torture, and aa all crimes, eieept theft, were still compounded by wehr-gUds, it may safely be assumed that extorted confession was unknown (Leges Opstalbomicss ann. 1323, published by Qilrtner, Saxonum leges tres, Lipsiss, 1730). ' Raguald. Ingermund. Leg. Suecor, StockholmisB, 1623. * Bt nemini de se oonfesso super nllcnum crimen credatur : oonfeMio vero per melum vel per fraudem extorta non Tolot. — LI. Ilenrioi I. cap. r. f 10. ENGLAND. 8TT have seen, tortnro was extensively employed for purposes of cxtoKion by marauders and lawless nobles during pe- riods of civil commotion. Glanville makes no allusion to it, and though Bracton shows a wide acquaintance with the revived Roman Jurisprudence, and makes extensive use of it in nil matters where it could be advantageously har- monized with existing institutions, he is careful to abstain from intro<luciug torture into criminal procedure.* A clause in Magna Cliartn, indeed, has been held by high authority to inhibit the employment of torture, but it has no direct allusion to the subject, which was not a living question at the time, and was probably not thought of by any of the parties to that transaction; moreover, it was not, at a later \|)erio<l, held by any one to interfere with tlie royal prerogative, wlienever tlie King desired to test with the raclc the endurance of liis loving subjects.* Under tlie common law, therefore, torture had no exist- ence in England, and the character of the national institu- ' Muij laUretiing doUlls on tb« liifla«ae« of lh« Romaii Uw apoa ibat Af Vnglaiid wlU b« foond In ili« leanied work of Carl GBUrbodk, ** BrMlAS Mid hit RclailoB to (be RomAn Law," r«c«iiUj Inmtlatod by Brinloa Coz« (Pbllftdelpbis, 1866). The tvbjeet fa on* whieb well deMrrat a vor« (bo- roagb eoBftderaUon (ban U b llkoly to roeeUo at tbo baadi of Bnglfah writers. It it oarlooi to oboorro tbat tbo erim$m iasm mojtituU nako* Itt appoar- aaeo In Braeton (Lib. lit. Traet U. oap. 8^1), aboat tbo mlddlo of tbo tbirtooBtb eontary, earlier tban la Fraaee, wbore, ai we bsTo fees, tbe flrtt aliasloB to It Aoeart la 1316. Tbfa wai bardly to bo oipeeled, wboa we eo4 • •ider tbe widely dileroat Infiaeaeto exerted opoa tbo Jarbpradoaoo of tbo two ooaatrlee by tbe R4MBaa law. * Tbo poMago wbiob bai beea relied oa by lawyere fa obap. xu. : " Hallaa liber bomo eaplatar, toI laiprfaoaetar, aat dlnafalatar, aat vtlacotar, aat alk\|«o node detlmatnr ; aec rapor ovai Iblvoi, boo eaper oam mlttoaiao, afal per legale jadielam pariav eaoram, vet per legem torno.** If tbo low Jael aboTo qooted from tbo eoUeotloa of Ilenry I. ooald bo rappoeed lo bo •till la foreo aader Jobo, tbea tbit vigbt poeelbly be ImagiBod to boar eoMO refereaee to It ; bat It fa erldeat tbat bad tortare beea aa esletlag grlevanoe, each ae oatlawry, eoitare, aad Impripoameal, tbe baroat woald bave beea earefal to inclade It In their eaameratloa of re»(rietlna«. 83* 878 TORTURB. tions kept at bay the absorbing and centralizing influences of the Roman hiir.^ Yet their wide acceptance in France, and their attractiveness to those who desired to wield ab- solute authority, gradually accustomed the crown and the crown lawyers to the idea that torture could be adminis- tered by order of the sovereign. Sir John Fortescue, who was Lord Chancellor under Henry YL, inveighs at* great length against the French law for its cruel procedures, and with much satisfaction contrasts it with the Knglisli practice/ and yet he does not deny that torture was occa- sionally used in England.* An instance of its application in 1468 has been recorded, which resulted in the execution of Sir Thomas Coke, Lord Mayor of London ;* and in 1485, Innocent YIII. remonstrated with Henry YIL respecting some proceedings against ecclesiastics who were scourged, tortured, and hanged.* Under Ilenry YIII. and his children, the power of the crown was largely extended, and the doctrine became fashionable that, though no one could Iw torturad for con- fession or evidence by the law, yet outside and al>ovo the law the royal prerogative was supremo, au4l tliat a warrant from the King in Privy Council fully Justified the use of the rack and the introduction of the secret inquisi- torial process, with all its attendant cruelty and injustice. It is difficult to conceive the subserviency which could reconcile men, bred in the open and manly Justice of tlie ; ' Tb« J»a]oiif7 with wbieb all fttUmpUd enoroMbmcnU of Ui« Roman law wara rapallad la manifettad in a daolaraiion of Parliamont in 1888. *Qna oa royalma d'Snglatarre n'aaUit davant aat baarai, na i Tantani da roj no»lra dit aaignior at Migniora dn parlamant anqua na Mm ral4 ai goTarn^ par la lay aivill.'— Rot. Pari., 11 Ria. II. (tiUUrboak, op.eli. p. IS). * Dn Oanga, a. r. T^inra. . ' Saa Jardina'a ' Raading on iba Uaa of Torinra in iba Crininal Law of England," p. 7 (London, 1837), a aondaniad and anOeianUy eoniplala aoaonnt of iba anbjaai nndar iba Tndora and Sinaria. Jardina, loo. eii. * Pariim tormanils anbjaeil, pariim erndaliiifiinia lanlail, ai partim atiaia fnrca lufpanai fuarani. — Wilkina Cunuil. III. 617. BNQLAND. 879 common law, to a 83'8icm so snbvcreiTc of all the principles in wliidi they had been trained. Yet the loftiest names of the profession were concerned in transactions which they knew to be in contravention of the laws of the land. Sir Thomas Smith, one of the ornaments of the Eliza* lNtlmn bar, condenincd the practice as not only illegal, but illogical. ' Torment or question, which is used by order of the civile law and custome of other countries, .... is not used in England The nature of Englishmen is to neglect death, to abide no torment ; and therefore hfo will confesse rather to have done anything, yea, to have killed his owne father, than to enffer torment.' And ^-et, a few 3ears later, we find the same Sir Thomas writing to liOrd Durghley, in 1571, respecting two miserable wretches whom he was engaged in racking under a warrant from Queen Elizalieth. In like manner. Sir Edward Coke, in his Institntes, de- clares — ^''So, as there is no law to warrant tortures in this land, nor can they bo Justified by any prescription, being so lately brought in.' Yet, in 1603, there is a warrant addressed to Coke and Fleming, as Attorney and Solicitor General, directing them to apply torture to a serrant of Lord Ilundsdon, who had been guilty of some idle speeches respecting King James, and the resultant confession Is In CokeM handwriting, showing that he personally suiwrin* tended the examination.* Cokes great rival, Ijord Bacon, was as sulisenrient as his contom\|)oraries. In 1619, while Chancellor, we find him writing to Ring James concerninir a prisoner confine<l in the Tower on suspicion of treason — ^^ If it may not l)o done otlierwiso. It is fit Peacock be put to torture. lie dcserveth it as well as Peacham did.'* • J»nlin#. op. eii. f\|». S-t, U^. It If dM io Sir Tbenat to ^44 UmI Im •arncttly begi Lord BargbUy to rolooM bloi froa m iineeBg«Dlal •■ e«i\|»!oj. ■irnl. « IbM. pp. 8, 41. * Worhf. rhilii(UI\|.b{ii. 1^411. ITT. ISA. Penchani vim an ■oroHoimU eler* ; ■I 880 TORTURB. As in other ooantries, so in England, when tortare was once introduced, it rapidly broke the bounds wbich the i prudence of the Roman lawgivers had established for it. [ Thus, it was not only in cases of high treason that the royal prerogative was allowed to transgress the limits of the law. Matters of religion, indeed, in those times of perennial change, when dynasties depended on dogmas, might come under the comprehensive head of constructive treason, and bo considered to Justify the torture even of women, as in the instance of Ann Askew in 1546 ;^ and of monks guilty of no crime but the endeavor to preserve their monasteries by pretended miracles;* but numerous cases of its use are on record, which no ingenuity can re- move from the sphere of the most ordinary criminal busi- . ness. Suspicion of theft, murder, horse-stealing, embezzle- - ment, and other similar offences was sufficient to consign I the unfortunate accused to the tender mercies of the rack, the Scavenger's Daughter,^ and the manacles, when the aggrieved person had influence enough to procure a royal SjmaB in wbota desk wm found a MS. Mnnon, iMTer prMcbad, eonUinlng ■om« nnpaUtobU r«flacilonf on tiie royal prorogaiive, and ibo \|»rorogiaiv« MMrtod iUelf by patting blm on tbo rack. ■ Bnmot, Hilt. Raform. Bk. iii. pp. S41-S. * Aooording to Micaader Nucios (TravoU, Camden 800. 1841), pp. 58, 62, tbo invottigation of tboM doooptlonf witb tbo Mvorest tortnros, €«rifraic i^MiTMc, wai apparonUy tbo ordinary mode of proeodnro. * Sir William Bkavington, a HenUnant of tbo Tower, nndor Henry VITI., immortaliaod bimielf by reviving an old implement of torture, eoneiating of an iron boop, in wbiob tbe prisoner was bent, boels to bams and obest to knees, and tbns ernsbed togetber nnmoroifnlly. It obtained tbe nickname of Skevington's dangbter, cormpted in time to Boarenger's Dangbter. Among otbor snflerers from its embraces was an nnlncby Irisbman, named Myagb, wbose plaint, engrarod on tbe wall of bis dnngeon, is still among tbo cariosities of tbe Tower : — «< Tbomas Miagb, wbicb lietbo bero alone, Tbat fayne wold firom bens begon ; By tortare straunge mi tratb was tryed. Yet of my Itbertic denied. 1681. Tbomas Myagb.'— Jardine, op. cit. pp. 16, 30. BNOLAlfD. 881 warnint ; nor were these proceedings confined to the secret dungeons of the Tower, for the records show that torture liegnn to be habitually applied in the Bridewell. Jardine, however, states that this especially dangerous extension of the abuse api>ears to have ceased with the death of Elisa- Itcth, and that no trace of the torture of political prisoners can be found later than the year 1640. The royal pre- rogative had begun to be too severely questioned to render such manifestations of it prudent, and the Great Rebellion settled the constitutional rights of the subject on too secure a basis for even the time-serving statesmen of the Restora- tion to venture on a renewal of the former practices. Tet ; how nearly, at one time, it had come to be engrafted on i the law of the land is evident from its being sufficiently , recognized as a legal procedure for persons of noble blood ' to claim immunity from it, and for the Judges to admit that claim as a si)ccial privilege. In the Countess of * Shrewsbury's case, the Judges, among whom was Sir Ed- ward Coke, declared that there was a ^* privilege which the law gives for the honor and reverence of the nobility, that their bodies are not subject to torture in causa criminvi latnm majrstatiB;" and no instance is on record to disprove the assertion.* In one class of oflTcnccs, however, torture was fyeqnently used to a later date, and without requiring the royal inter- vention. As on the Continent, sorcery and witchcraft were regarded as crimes of such \|)eculiar atrocity, and the a%ersion they excited was so universal and intense, that those accusetl of them were practically placed beyond the palo of the law, and no means were considered too severe to secure the conviction which in many cases could only be obtained by confession. We have seen that among the refinements of Italian torture, the deprivation of sleep for forty hours was considered by the most ex\|ierienced autho- Jardine, pp. 53. S7-S. < Op. eO. p. 65. 882 TOBTUBB. rities on the subject to be second to none in seTeritj Bnd effectiveness. It neither lacerated the flesh, dislocated the Joints, nor broke the bones, and yet few things could be conceived as more likely to cloud the intellect, break down the will, and reduce the prisoner into a frame of mind in which he would be ready to admit anything that the ques- tions of his examiners might suggest to him. In English witch trials, this method of torture was not infrequently resorted to, without the limitation of time to which it was restricted by the more experienced Jurists of Italy.* In Scotland, torture, as a regular form of Judicial inves- tigation, was of late introduction. In the various codes collected by Skene, extending from an early period to the commencement of the fifteenth century, there is no allusion whatever to it. In the last of these codes, adopted under Robert IIL, by the Parliament of Scotland in 1400, the provisions respecting the wager of battle show that torture would have been superfluous as a means of supplementing deflcient evidence.* The influence of the Roman law, how- ever, though late in appearing, was eventually much more deeply felt in Scotland than in the sister kingdom, and consequently torture at length came to be regarded as an ordinary resource in doubtful cases. In the witch perse- cutions, especially, which in Scotland rivalled the worst excesses of the Inquisition of Oermany and Spain, it was carried to a pitch of frightful cruelty which far transcended ' Lcoky, Hui. of BAUoDftlUm, Am. •d, I. ISS.— In hb rwf inUratting work, Mr. Leoky men lions a euo, oooarriog under tho CosmonwealUi, of an ag«d eUrgyniMi namod Lowot, who, aAor an irroproaehable pMloraU of flfiy JMirf , foil nndor sntpioion. ** Tho nnbappj old man wu kepi awako for sevorftl suooemivo nighta, and peraoonied * till ho wu woarj of hla life, and was learoely aonalblo of what be aaid or did.' He waa Uion Ibrown into the water, condemned, and bung." — TUd. p. 126. The "pricking,' or thruiting of pins into all parta of the body, in order to diaoover the in- aenaible apot, which, according to popular belief, waa one of the etaeniial peculiaritiea of the witch, waa also a kind of indirect torture. SUtnt. Roberti III. cap. xvi. (Skene). SCOTLAND. 883 the limiUi assigned to it elsewhere.* Indeed, it Is difllcuU to boHcve thnt the accounts which hare been preserved to us of these terrible scenes are not exaggerated. No cruelty is too great for the conscientious persecutor who believes that he is avenging his God, but Uie limitless capacity of human nature for inflicting is not complemented by a limitless capacity of endurance on the part of the victim ; and well authenticated as the accounts of the Scottish witch-trials may l)e, they seem to transcend the possibility of human strength.* Torture thus maintained its place in the law of Scotland as long as the kingdom preserved the right of self-legislation, and it was not abolished until alter the Union, when, in 1709, the United Parliament made ' Tliat ib« rigili, which elMwher* eontiiUd f loiply la keeping the M- cn^ril awake for forty heart by the tlmpleet aiAdef , In 8eeUan4 were hw» fnllj eggrarated hy a hand of iron failcned aroand the face, with fonr dl- v«rgent poInU thrast into the month. With thla the aecnaed waa aeenred immoYahiy to a wall, and ea»ea are on record in whieh thla inrappertahlo torneat wai prolonged for Sve and oven for nine daye. — Leoky, op. cli. I. 14S-S. * I qnole from Mr. Lecky (p. 147), who gUei aa hla authority •• Pltoairaa Criminal Triale of Scotland.* ' Bnt other! and perhape worie triala were In retenre. The three prin- cipal that were habitually applied were the pennlwinkle, the boola, and the eaMhielawie. The flint wae a kind of thnmbeerew ; the aecond waa a fnuno in which the leg wai innertrd, and In which it wai broken by wedgea drivea in by a hammer ; the third waa alto an iron frame for the leg, which waa from time to time heated over a bratler. Fire matebet were aometimea applied to the body of the rictlm. We read, In a contemporary legal reglator, of one man who waa kept for forty-eight honre In ▼obement tortonr* !■ the caachielawie ; and of another who remained In the aame frlghtTnl mnchlao for eleven daye and eloTen nighta, whoee lege were broken daily for fonrteea daye In the boola, and who waa to eoonrged that the whole akin waa torn from hie body.** Theee eaaee occnrred in 16MI. Theae borrora are almoet equalled by thoae of another trial In which n Dr. Fian waa accniied of having caafcd the etorma whieh endangered the ▼oyage of Jamee I. from Denmark in 1690. Jamee peraonaliy anperinteaded the torturing of the unhappy wretch, and afler eihanatlng all the tormenta known to the ekill and eapericnce of the eiecutionerr, he invented new onea. All were vain, howerer, and I ho victim waa laaliy burnt without eonfoating hie iil-deeda. (/AiW. p. 123.) 334 TOUTUBB. baste, at its second sesaioiii to pass an act for ^ improving tlie Union," by wbicb it was done away witb.* A system of procedure, wbicb could lead to results so deplorable as tbose wbicb we bave seen accompany it everywbcro, could scarcely fail to arouse tbe opposition of independent men wbo were not swayed by reverence for pre- cedent, or carried away by popular impulses. Accordingly, an occasional voice was raised in denunciation of the use of torture. Tbe sceptic of the sixteenth century, Mon- taigne, for instance, was too cool and clear-beaded not to appreciate tbe vicious principle on which it was based, and be did not hesitate to stamp it with bis reprobation. " To tell tbe truth, it is a means full of uncertainty aud danger; what would we not say, what would we not do to escape suffering so poignant f whence it happens that when a Judge tortures a prisoner for the purpose of not putting an innocent man to death, he puts him to death both innocent and tortured Are you not unjust when, to save him from being killed, you do worse than kill hiui f"* lu 103-1, tlie learned Johaun Oraofe, iu his " Tribuunl Rcrormatuui," argued forcibly in favor of its abolition. When the Frcucli Ordonnance of 1670 was in preparation, various magistrates of the highest character and largest experience gave it as ■ 7 Anno «. SI.— While ibu legblatiagfor Uio tnligliU&meiii of BMUud, tb« Engliah majoriiy look o»r« to retain ibe eqnaUj barberovi praeiiee of ibe jwt'fM forU §t dun, Tbis waa not ttriotly a loriare for iBveatlgeiion, bni a paniehment, wbicb was inflioted on tboee who refnied to plead either guilty or not gniity. After iti eommoneeinenii the nnfortanate wretch waa not allowed to plead, but waa kept nnder tbe preM until death, ** doneo onerie, frigoris atqne fiiniia eraoiatu eztinguitur." — See Hale, Placit. Coron. o. jcliii. Tbia relic of barbariam waa not abolished unUI 177S, by IS Qeo. III. e. SO. ' Baaaia, Liv. ii. chap. t. — Montaigne lUuatratea hla poaltion by aatory from Froiaaart, who relatea that an old woman complained to Bijatet thai a soldier bad foraged on her. Tbe Tnrk suwmarii j disposed of the soldier's denial by eausiog his stomach to be opened. Uo proTod guilty — bnt what bad be been found innocent? RBMONBTRANOB. 886 thoir flxod opinion that tortare was useless, that it rarely siiccccclcd in eliciting the truth from the accused, and that it ought to be abolished.' Towards the close of the century, various writers took up the question. The best known of these was ]icrhnps Augustin Nicolas, who has been fre- quently referred to aliove, nnd who argtie«l with more seal and learning than skill against the whole system, but es\|)e- cially against it as applied by the Inquisition in cases of witchcrall.* In 1G92, von Boden, in a work alluded to in the preceding pages, inveighed against its abuses, while admitting its utility in many classes of crimes. In 1705, at the University of Ilalle, Martin Bcmhardi of Pomerania, a candidate for the doctorate, in his inaugural thesis, argued with much vigor in favor of abolishing it, and the dean of the faculty. Christian Thomas, acknowledged the validity of his reasoning, though expressing doubts as to the practicability of a sudden reform. Bernhardi states that in his time it was no longer employed in Holland, and its disuse in Utrecht he attributes to a case in which a thief procured the execution, after due torture and confession, of a shoemaker, against whom he had brought a false charge in revenge for the refusal of a pair of l>oots.* These efforts had little effect, but they manifest the pro- ' Dm Mftgifltniti r«eeaiai«ndabl«i ptr vne gimiido eapMiU •! par an* •xp^i«iiet eoMeaiin^, I'eUiit •ipliqo^ ivr ee gear* d« qattlleB, a«roi«Bl 4^l»r^ qa»Uo Umr byoU tonjoari waibM inaiiit, qai] ^U nr» qae la qaM* Uoa pr^raioir* eftt ilH la rdrit^ de la boeoho daa aoeei6, ai qail j avail da fartai laliwnf poar aa tapprimer Tanga.— IMelaraUan da S4 Aofll, 1^80 (Iniabari, XXVII. S74). * NIeolaa It eartfal fa aftart bli antira ballaf la tba ailtUnaa of torearj aad hit ilaeara dailra far lU paainhmanl, and ba la ladlfaaai at iba popalur featlag wbleh ■ligmatisad Uiaae vha witbtd far a rafarm In praatdara aa ' ava- aala daa farelara.* " DarnhardI Dl«. Inaag. aap. ii. ff It., x.— Darn hard i T«ninrad aa tba ■■a af fry daaided laagnaga la d^naaeiallaa of Iha »jffUm. — " Injatlaai, lalqaani, faltaeani, laaignlaia laaloraai pramotrlcam, ei d«nlqna omnl dlrlni laailniaBli apMla daHiiataai Msa hana Tialanlaoi lartaram at protnda tx Ibrlt Cbrbilanaraai rajlelfndan lalrtplda affara.** (Ibid. eap. i. f I.) 33 386 TOUTUAB. gress of enlighteDment, and doubtless pavod the way for change, especially in the Prussian territories. Yet, in 1730, we find the learned Baron Senckenberg reproducing Zan- ger's treatise, not as an archieological curiosity, but as a practical text-book for the guidance of lawyers and Judges. Ten years later, however, the process of reform began in earnest. Frederic the Great succeeded to the throne of Prussia, May 31, 1740. Few of his projects of universal philanthropy and philosophical regeneration of human nature survived the hardening experiences of royal ambi- tion, but, while his power was yet in its first bloom, he made haste to get rid of this relic of mcdiieval barbarism. It was almost his earliest official act, for the cabinet order abolishing torture is dated June 3d.^ Yet even Frederic could not absolutely shake off the traditional belief in its necessity when the safety of the State or of the head of the State was concerned. Treason and rebellion and some other atrocious crimes were excepted from the reform ; and in 1752, at the instance of his high chancellor, Oocccji, by a s\|)ccittl rescript, he ordcrcil two citiasens of Oscherslcl»cn to be tortured on suspicion of robbery." With singular inconsistency, moreover, torture in a modified form was long permitted iu Prussia, not precisely as a means of in- vestigation, but as a sort of punishment for obdiu'ate prisoners who would not confess, and as a means of mark- ing them for subsequent recognition.' It is evident that the abrogation of torture did not carry with it the removal of the evils of the inquisitorial process. ' Carlylo, Hiai. Friedrich IT. Book zi. eh. i. * I flod thia ■UUmaol in ad ■eoount by 0. F. GUnUier (Lipiin, 1838) of the abolition of torlnre in Saxony. * QUniher, op. oit.— It appears that the anthoritlei of Leipsig, in 1769, when allied their opinion on the auljeel, reported their approval of the plan then followed in the PruMian dominions. — *In terris Borufsieis tornienta non plane esse abrogate, sed interdum adhno adhiberi, non tantum ut rei faoinora oommlssa eonflteri cogantur, sed etiam no, qui pertlnaoiter nega- rent, plane impunes evaderent ; imo interdnm torqueri quasi momorisB eaon, videlioet nt nefarii homines, si rursus deliquerent, ikoUiits eognoioerentur." ABnOQATION. 88t Wlicn tlio royal philosophor of Enropo thus halted in tlio reform, it is not singular that tho more conserrative monarclis around him should have paused before eommit- ting thcmsehxs to so great an innovation. From 1110 to 1783, Saxony was engaged in a thorough remodelling of her system of criminal Jurisprudence, in which the whole appa- ratus of torture was swept away ; and in Switzerland and Aus- tria it shared a like fate about the same time. In Russia, the Empress Catherine, in 17 G2, removed it from the Jurisdio- tion of the inferior courts, where it had l^een greatly abused ; in 1767, by a secret order, it was restricted to cases in which the confession of the accused proved actually indis- pensable, and even in these it was only permitted under special commands of governors of provinces.* These limita- tions naturally soon rendered it almost obsolete, and it was finally aliolislied in 1801. Yet, in some of the states of Central Euro\|)e, the progress of enlightenment was wonder- fully slow. Torture continued to disgrace the Jurispru- dence of Wirtemberg and Bavaria until 1806 and 1807 ; and even the Napoleonic wars were unable to eradicate it, for Hanover retained it until 1822, and Baden until 1831.* Even Prance had maintained a conservatism which may seem surprising in that centre of the philosophic specular tion of the eighteenth century. Her leading writers had Qot hesitated to condemn it. In tho '^ Esprit des Lois," published in 1748, Montesquieu stamped his reprobation on the system with a quiet signiflcance which showed that be had on his side all the great thinkers of the age, and that he felt argument to be mere surplusage.* Voltaire did not * Da B071, Droit Crinlntl dct PeapUt ModoniM, I. 6t0. * JftrdiBO, Um of TorUra in Xagluid, p. 8. * Taat d'habilM g«Bi •! iaai d« b«aax g^alM obI ^rti eonlr* etlU pra- tlqvo qao J« ■0M parltr aprda aax. Jallob dira qa'dta poarroli ooaYoalr daaa lat goaroraaaitnto da«poUqaei ; oft toai qal larplra la eralato oaira pla« daai let rMtorta da goavoraeaieal : jallob dira qaa Itt tMlavat, ekat Im Qnm ti cbei let Romatnp — Matt J'anlaada la yoIi da la aaiera qal eria e«»ntr« laol — Liv. ti. eh. itH. 388 TORTUHV. allow its nbBurdities and inoongrnities to escape, and in 1777 he addressed an earnest request to Louis XYI. to include it among the subjects of the reforms which marked the opening of his reign. Yet it was not until 1780 that the quesHon preparatoire was abolished by a royal edict which, in a few weighty lines, indicated that only the reve- rence for traditional usage had preserved it so long.' It is probable, however, that this reform was not strictly carried out, for, in 1788, another ordonnance commanded its ob- servance, which would hardly have been necessary had not some additional sanction been found requisite.* The ques- tion difiniiive or prialable^ by which the prisoner after condemnation was again tortured to discover his accom> plioes, still remained until 1788, when it, too, was abolished, at least temporarily. It was pronounced uncertain, cruel to the convict and perplexing to the Judge, and, above all, dangerous to the innocent whom, the prisoner might name in the extremity of his agony to procure its cessation, and whom he would persist in accusing to preserve himself from its repetition. Yet, with strange inconsistency, the abolition of this cruel wrong was only provisional, and its restoration was threatened in a few years, if the tribunals should deem it necessary.* When those few short years ' Oh^niol, Diet. Hiti dct IniiiiiiiloM de U Fnmoe, P. II. p. ISSO (Parif, 1856). '^ ■ IMelaralion da U Aoflt 1780 (Itamborl, XXYII. S7S). ' IMeUnition da S If mi 1788, ari. 8. '• KOtrt d&laration dn M AoAl Mra •x^at^** (Iiamberi, XXIX. 632). ' Ibid. (Iiambart, XXIX. 629). It U noUworthy, as a tign oftho Umper of tbd iimM, on tbo ere of ihe eonvooaiion of tho Noiablei, thai ihU •dtol, which inirodaood Tarioas amelioraiiou in oriminal prooodaro, aod promifed a mor« thorough r«form, ioTitea from tho oommanity at largo soggostions on the snbjoct, in order that tho roforn may embody the roealti of poblio opinion—" Noai ^Idverons ainsi an rang dea lois let r^nltats de Topinion pnbliqne." This was pare demooratio repnblioanism in an irregular form. The ediot also indicates an intention to remoYO another of the blots on tho oriminal prooednre of the age, in a raguo promise to allow the prisoner tho privilege of oouniel. ABROQATION. 889 canio around, thoy dawned on a new France, from which the old systems had been swept away as by the besom of dcatmction ; and torture as an element of criminal Jorispru- dcncc was a thing of the past By the decree of October 9th, 1789, it was abolished forever. In Italy, Boccaria, in 1T64, took occasion to devote a few pages of his treatise on crimes and punishments to the sub- ject of torture, and its illogical cruelty could not well be exposed with more terseness and force.' It was probably due to the movement excited by this work that in lt86 tor- ture was formally abolished in Tuscany. Tet Italy, which was the first to revive its use in the Middle Ages, was the last to abandon it Unless we may disbelieve all that is told of the means adopted to preserve legitimacy against revolutionism during the interval between Napoleon and Oaril)aUli, the dungeons of Naples and Palermo may boast of being the last European reAige of this relic of brutal and unreasoning force. In casting a retrospective glance over this long history of cruelty and injustice, it is curious to observe that Chris- tian communities, where the truths of the Gospel were received with unquestioning veneration, systematized the administration of torture with a cold-blooded ferocity unknown to the legislation of the heathen nations whence they derived it. The careful restrictions and safeguards, with which the Roman Jurispnidenco sought to protect the interests of the accused, contrast strangely with the reckless disregard of every principle of Justice which sullies the criminal procedure of Europe from the thirteenth * IM D«liUl • doM* P«iio i zti.— Tbo fkndftaMUt error !■ Ibo pr«T»ltiil fTfUm of orlmioftl proeodoro If woU eipoaod In Boe«trtat roaark UmI m noUiomoileiaii woold bo boUor Uim o l»f iti for Uio mIoUob of the MtooUal probltm In erlminnl trUlt— " DaU la rom del nnfeoll e la Mnelbilll^ dtllo •bro dl ■■ InnooenU, Iroraro II grado dl doloro obe lo fari ooafoaMr roo dt ■n d«lo delttto.' 33* 890 TOBTURB. almost to the nineteenth centuiy. From this no race or religion was exempt. What the Oalvinist suffered in Flan- ders, he inflicted in Scotland ; what the Catholic enforced in Italy, he endured in England; nor did either of them deem that he was forfeiting his share in the Divine Evangel of peace on earth and goodwill to men. The mysteries of the human conscience and of human motives are well nigh inscrutable, and it may seem shocking to assert that these centuries of unmitigated wrong are directly traceable to that religion of which the second great commandment was that man should love his neighbor as himselfl Yet so it was. The first commandment, to love Ood with all our heart, when perverted by supersti- tion, gave a strange direction to the teachings of Christ. For ages, the assumptions of an infallible church had led men to believe that the interpreter was superior to Scrip- ture. Every expounder of the holy text felt in his inmost heart that he alone, with his fellows, worshipped God as Ood desired to be worshipped, and that every ritual but his own was an insult to the Divine nature. Outside of his own communion there was no escape from eternal pertlition, and the fervor of religious conviction thus made persecu- tion a duty to Ood and man. This led the Inquisition, as we have seen, to perfect a system of which the iniquity was complete. Thus commended, that system became part and parcel of secular law, and when the Reformation arose, the habits of thought which ages had consolidated were uni- versal. The boldest Reformers who shook off the yoke of Rome, as soon as they had attained power, had as little scruple as Rome itself in rendering obligatory their inter- pretation of divine truth, and in applying to secular as well as to religious affairs the cruel maxims in which they had been educated. Tet, in the general enlightenment which caused and accompanied the Reformation, there passed away gradually the necessity which had created the rigid institutions of PROQABBB or 01 VILIZ ATION. 891 tlio Middlo Af^. TliofM) instttutionB hiul ftilfillod thoir miBBion, and the navii^o triliofl thni hod broken down the woni-oni civil iznt ion of Ilonio wore at Infli becoming fitted for a higher civilization than the world hod jet seen, wherein the precepts of the Gospel might at length find practical expression and realization. For the first time, in the his- tory of man, tlie universal love and charity which lie at the foundation of Christianity are recognized as the ele- ments on which human society should be based. Weak and erring as we are, and still far distant from the ideal of the Saviour, y^t are we approaching it, even if our steps are painftil and hesitating. In the slow evolution of the centuries, it may only be by comparing distant periods that we can mark our progress; but progress neTortheless exists, and future generations, \|)erluips, may be able to emanciiMite themselves wholly from the cruel and arbitrary domination of BU))erstitiou and force. INDEX. ABiNai»oii, Abb«j of, ordMl of lot vfed bj, S44 nlraeiiloai eroM, S48 Ab«Nf of tb« ordMl. 205, S7S of Corittr«, S69 AeevmiorUI eonjarmton, 67 AeeaMri rabjeeted to ibe ordeal, S63 A«eaMr obliged to Imerib* him- Mir, SOO even in the ohm of pIuvm, IDA •nbjeeU<l In Ux Utiionif^ 390 titrlnre of Iho neenned by Ibe, 311 Admlrnltj eoorto, dool boI nllow- •<lin, III Adrinn modornUt «• of torioro, S07 Adnltory. lortnro JaiiiStd bj, SOO AdrowMB, 193 Afrien, nnmorovi ordcnli in, 182 Agobnrd, St., ofpoMi tbo dnol, 133 Mid tbo ordonl, 207 Alfonw the Wuw of Caitilo, SI2 rMirietf tbo dnol, 160 Iho nio of iorlaro, 315 doot not roeogntto erdonia, )70 Amwif of Bgypi, 170 Amieno, nobleii of, donnad ibo dnol ON % rigbt, 101 Amitordam, rooo of lorlnro In, 800 And row, 6i., loneo of, 211 Anglloan Chnroh ndopU oompnr* ffation, 00 Anglo- Snxoni, bottlo>ordool «n» known to the, 83 tortnro not ntod by, 870 AhmIb nnd tbo Cbnreb of T^on, 141, 222, 823 Aatonlnno Pino oxtondi tbo tor- tnro of •Invof, 292 forbids tortnre nflor oonrio- tlon, 290 ApponI to Qod In priTnto qnarrolf. 249 Appeal of mnrder, 171 defended in Parllamoat In 1774, 172 Apponle nlwm deeldod by dnol, 91 bow eondneted In Oormany, 94 from ordon to torinro, 810, 850 OToded, 808 Appellant Tanqnlsbed, pnnlab- montof, lis itx tmiUmii applied to, 1 14 Appellant, obolee of woapone oon- ceded to, 117 Appellate power granted to Pnrlo- ment of Tarl^ 102 Amuptna and Abbey of Flenry, 235 Aflhfonl V. Thornton, la 1818, 178 Aniaef do Jornaalem, 57, 207 torture in, 827 Atroeity of torture eyetoB, 809 Atto of Vereelli oppoeea tbo duet, 135 Andefrol.le.Bltard, ballad by. 51 Anguftna introdnoof iortnre of freemen, 285 bis opinion as to tbe tortvro of slaves, 291 Austria, Dnkes of, permitted to employ ebamploas, 101 torture abolished la, 887 A Titus of VIenno opposes tbo duel, 138 Ayeen Akbery, 179 Bacoh, I«ord, rooommoads tor- tore, 879 Baden, toriaro abolisbed. 1881, 887 Bnbr-reobt, 247 Bail required of parUea to duel, 1 10 responsibility of, 100 Balaaee, ordeal of, 224 used as late as 1728, 225 form employed la India, 225 Barbarians, ordeals ladlgeaoafl among, 188 eentrast between tbom aad Rome, 800 aatare of their lastttutlons/ 801 lortare for freemen unknowa to tbeir laws, 802 894 iMDrnx. of ■lT«S, Ul iaUntU of tlie owmor pro- tooted. SM ao tortaro of ■Hoiimm, M4 dioKgard of tlio low by tho MoroTbmiau, StS BolUo ordool, dioUnnidMd fioa dool, T6 oricio oUiibotod toOofai oad Abol. T9 !■ 8poio ot RoBUU ooMocotte 79 1 by OBoioBt Oooli I Qomoat, 79 Bg OBOkBt SOBOO Bad Irfab, 80 tho BBigBBdioao, 81 tbo ProBks, 81 tbo Lombordfl. 82 mBkBowa onoag ABglo- 8bxob0\| 83 iBlfodaood by WiUioai iho Cooqaoror, 83 aakaowa to tbo Wisigotblo lawi. 84 aiod by tbo Paaaoolaa Ootbo, 85 Bad SolBToak triboo, 85 omployod to a romody for ongiBBf' jiaally ooaiaod to doabi- fal oBfof , Iti BM ojLtoadod by oballoa- glag witaoiioa. Bad jadget, Bppoali Biwayi ooadaotod ia thli maaaor, ■loador rostriotioaa oa, miolBam ybIbo for vbUb aliowod, lofty roak oo oxompiloa, awd {a iateraatioaBl quot- tiOBP, bunbloit oIbmos tabjocted to it, botwoea parttoo of difforoat eoaditioni, ooolotiMtiof, Bod Utbob, la oooloaiastioBl oourto, ia Bdniralty ooartt, fonai Bad ooromoaioi ot, OBtb prelimiBBry to, eoaaoqueaeoa of defeat, Ux talionu, bail reqaired of eoatottaati, pBni«bmoBt for defitalt, ohQioo of voapoaa, 87 99 100 101 lOS 103 105 100 107 109 HI lis lis 113 114 110 110 117 obaaipioaa, oiployoat U, 119 dorirod flVoM witacaMS, ISO peaalUoa oa deiitatod, ISS prpfeaoieaBi, ItS tboir degradatioB, 125 realrietioaa oa aaa of; ISO of ooBuaaaoB, 131 of obar^cs, 132 oppoaitioa of tbo obaiab, 133 oaooaiagod by tbo Sazoa Otboa. 135 oaployod la diplomaoy, 136 llMOod apoa tbo obarob, 137 aalTonal ia lOtb and Utb ooaUrfoa. 138 ■otovortby obbm of ill oai- ployvoat, oxplaaatioaa of ill iajastioo, abrogatod lo loolaad, ia Doamark, lalooaoo of tbo Tiora-Stat, of ooBiBioreo, of tbe obareh, of tbo Roaiaa law, ofbrta to roatriet it ia 13tb ooBtary. abolidiod ia Mijoroa ia 1248, 150 roatriotod by Alfoaao tbo Wiao. 150 by 8i. Loaia. 152 oppoiitloa of feadaliaoi, 154 logUUtioaorPbilippo.\|e.Bol, 157 139 141 142 143 143 145 147 148 149 oflbrto of tbo Parleaoat, roaotioa aader Loali X., poniatoat popalar faitb, gradaal dcoliao ia tbo 14tb Bad 15tb eoBtariea, roYiTod by Baglisb oooapa- 159 101 102 103 104 .ia 10th ooatury, 107 ratirlotod la Haagaiy ia 1492, 108 Joliaa II. probibito it ia 1505, 109 proTailfiaEa»iBaalill049. 109 ia Sootlaad ia 10th ooatary, 170 ia Boglaad la lOtb aad 17tb ooatarioe, 171 abrogatod ia 1819, 174 BaYBria, tortaro abollahod. 1807, 387 B4arB, eompargatioa ia 18th ooatory, 01 roitriotioBi oa tho daol la, 98 daol la eodo of 1552, 105 tortaro aot aaod la 1288, 333 INOKX. 805 BMamanoIr, OomlamMda DaM^ ▼oIpUi. 67 opinion of the doel, 166 DO ftllntioM to ordoai In, 376 ■o nllaf ionf to toriaro in, SS4 BeeeariA argnet ngaintt toriaro, S89 Bolgiom, CMO of wnUr-ordoal In 1816, SM Bora and Sanila, dnel of, 86 Barnard (Si.) approvaa tho ordoal, 368 Bomhardi, Mari., argvaa agalui iortnro, S86 Bignon, Jerftne, hit tctitnioaj aa to waior-ordoal, S37 BiiUr watar, ordeal of, 180 Bioia, ordonnaneo of In 1498, S49 Blood, ordeal of, 346 oxamplea of Ita nfo, 346 oaplo/ad in iho nth ecninrT, ft.7 not wad In primiiiTo iimaa, 347 belief In, alill axirting, 347 In 1836, in New York, 369 Bobonian, Dr., caaa of, S67 Boden, Ileinrich Ton, iraoi on iorinro, 866 deplorea abotei of toriaro, 885 Boot, tba, B Beolibh toriaro, 883 Bordeaax, toriaro liitia mod, 843 Boihwellelaini9iliodnetlnl6«7, 170 Broad, ordeal of, 333 formnlaa of, 333 ohieflj naod bj Anglo-Sazont, 336 omplojod in ibe 17ibooni«rj, 336 form need In India, 336 Bnlgarlana, nse of torinra In 9th eeninry, 336 Bargand J, noblet of, domand the doel aa a right, 161 Bnrke, defenile iha appeal ofmvr- der in 1774, 173 CALASABbean, ordeal of, 183 Calignla, appotlia for hnnan inf* faring, 380 Oaraealla, toriaro of women for poiaoning, 390 Carioringiana. tortnra not naed for oYldenee ander, 818 toriaro aa pani^hBeni, 319 toriara nnnaeeppary, 319 Ineowpaiible with foroM of proeedare, 330 Carolina Conatiiaiiona, 363 Carroagea and Jaoqaea la Grit, doel baiweeo, 163 Gaaohlalawia, a Seoiiiab toriaro, 883 Celetiin III. prohibita the doel, 147 Champagne, noblaa of, domand the doel, 101 proieai agalnai toriaro, 841 aharUraofin 1316, 841 Champion of England, 101 Champlona fnmlahod bj aaioraln, 106 weapon* of, 117 employment of, 119 aeleeted from iho fomltj, 1 19 aa wiinaaaaa, 130 hired, 131 defeated, panbhmant of, 133 profemional, 133 IdenilOed with gladiaton, 134 degradation of, 136 retirleiiona on nao of, 130 generallj amplojed in elrll eaaea, 138 aqnalitj protarrad botwoan, 130 for eommaaiiiea, 131 in the ordeal, 300 Chariemagne'a nao of ordoal of oroH, 330 deereea oonOdenee In ordeal, 303 oharaoUr of hia legialaiion, 318 Chariea of Anjna, 77 Charles VI. aaaomea aole power to grant the doel, 104 Charles the Qood of Flanders, 303 ChaHes V., eriminal eode of, 863 Charters granting ordoal to ehnrches, 371 granted bj Lonis Hotin 840 Chaniaigneraje and Jamae, dnol between, 107 Ch«telei of Paris, ase of toriara, 344 Children aa eompnrgaiers, 38 China, aneieni form of belief In, 170 Chon-King, or aaerad book of China, 177 Christians, tortnrad ander Nero, 387 speeial edieta of Dioclaihin. 387 Chrlsiiaaiiv, inOnenee of, 396, 390 Chrlaiiem V. of Denmark, laws of, 376 Chnreh, proOts deriTed fVom ad- minlaiering oatha, 38 Botexempiedfh>mihedae1, 100 ohampions of, 133 oppofUion to the dnol. 138, 147 relations of to the ordeal 300 adrerae to ioriare In ninth eeninry, 819 hoeiile to Urinra aniU 13ih eenlnrj, 336 InOnenoe in inirodnelng tor- iaro, 830 896 INDEX. Ciocre, Tmrjlng eplBloM of tor- iura, SM CItU MiiU, toriar* in, MS OlMt priTil«gM. 19 CUadiBt, foadiMM ibr wttocalag iorUr«, S86 OlOTgy, exMBpUoa of from tor- tore, SIT CloTlt Mid ibo TBM of Soinon, SOI Coke, BIr Bdvocd, odmlaiiton tortaro, 8T9 Oolbort, rorlfloB of orlmlaml Uw Cold-wfttor offdosl (too WaUr). Ooloaon, St., tortarMl to doath, 821 Ooiqnieroo, lalaoneo of. on tho daol, 168 on ordeol, 247 OominanM, chomploni ol^ 131 ialaoiMo oC on tho dnol, 143 on ordoolt, 277 BTorto to torture, 842 Oompargntore (fee Conjuruiori), Compnrgotlon, 24 nnlf^raol nee of, 24 nntlqnltj Qi, 26 ndopted bj the ehareh 26 speeUll J need b j eoeleiimtici, 29 Bodeo of admlniitering oath, 38 legal valae ot, 39 ai a ■ttbftitate for defloient toiUmonir, 40 little eonftdenoo Infplrod bj it, 46 49 60 63 67 Mfegnardf of the lyitoBi, perjary ooeaaionod bj it, in Bngland, in the thirteenth eentarj, nndermined hj the Roman lav, 67 In Hormandy till 1688, 00 In B4arn till 18th eentarj, 10 in Spain in 14th oenturj, 01 In QermanT In 1648, 02 In Sootland In 14th eentarj, 02 In Denmark in 1083, 03 in Sweden in 1063 03 in Poland in 18th oentnr j, 03 In England until 19th oen- turj, 04, 06 preeerved bj the ehnreh, 06 adopted bj Angliean churoh, 00 Oompounding for the ordeal, 202 Confeuion under torture retraoted, 307 estlmaU of, 308 Oonfldence reposed In the ordeal, 201 Coatdoneo In ovidonoo b j lor- Uro, 297, 307 Cottfaolae, 177 Goajaraton, 24 geaorailj klaemen, 80 nnmbor reqaired, 31 modea ofeeleotlng, 36 oomparisoa with wItniMii, 40 heldgalltjofperiorj, 47 penalUes inlloted on, 48 aoeantorlal 07 In Swabia 70 In the Pehmgerleht, 70 In Britannj, 70 Oonrad of Marbarg, Qraad la- qaleltor, 68, 270, 272 Oonetantlne, torinro of freemen aathorlted bj, 290 Oonitltationea Bioalaram, 67, 149, 274, 329 OoBToreion of Danea bj ordeal of hot Iron, 200 OonTiete not torinrod for oyI- deneo under Roman law, 290 toriared under modem lawe, 361 301 309 Oonloa, tortaro la 14th eentarj,' 344 Coranaid, 322 Oonej, Bngaerraad do, 160 Ooaej, Jaoquei do, oaeo of 361 Ooanoll of Valenoe denoanoos the duel, 134 of Lateran, duel prohibited hj, 14T oeremonlea of ordeal In- Urdiolcd bj, 272 Oonrti lUble to ehallenge bj de- feated pleadera, 90 admiraltj. 111, 278 Ooai (lea) Ion roi, 110 Crimen mi^eitatls, freemen lia- ble to torture for, 286 extended applioation of, 280 slafei tortured agalnet maa- tera in, 294 In modem tlmei, 814, 317. 340, 344, 360, 379, 380 Orlpplea foroed to furnlih oham- ploni, 106 Oroof, ordeal oC 230 earliett Inetanee in 762, 230 IkTored bj Obarlemagne, 230 •ubftitutee allowed in, 231 ▼arlatlona of, 231 forbidden bj Lonii-le-D6bon- aaire, 231 again laTored bj him, 232 ■oon dliappean, 232 INDBX. 897 I Cnlln, fviiod of, eoBd«iBBf wiiUr •rdeiJ in 1745, S28 Damaois for iorittrail flurefl, 284 Dmici eoavtried by ordeal of hoi-iroB, S06 DsnUio, oMe of vaUr ordeal la 18.1A, »9 T>ear and damb liable to titrtare, S60 Deceit aaihorited to obtain eon- feraioBf, S73 l>eearionf not liable to torturo, S89 Defanltera In doel panhihed, • 116 Defeat In dnel a eonflotion of perjary, 112 Defendant, Tanqnlshed, pantfh- mentol^ 113 ahoieo of weaponi oonooded to, 118 Defence, hopelenneM of nnder tortnre Rysten, 360 Demdailon of profeaiional enampionii, 126 Del Rio, bU initrnctlons ai to lortnre, 363, 373 Denmark, oomimrgation In 1683, 63 antlqnilj of battle ordeal in, 80 dnel abrogated in, 143 ordeal aboliihed in 18th oon- tnry, 274 lortnro not logalltod nntll 1683, 376 Drerane, 60 Diocletian, bii peneontlon of Chrliitiana, 288 forbid* the tortnro of aoldlen and others, 280 reetrlote nao of torture, 207 DIvlnlns rod, 270 Divination bj lot forbidden bj the ehnreh, 243 Docton eiem pt from tortnro, 8 1 4 DoK of Montarghi, 162 Domiilan, tArtore of patrleian by, 200 Doabtftit retnlla of ordeal, 265 Dnel, Jndioial (aeo BouU OrdMt). Dnria, proTalenee of nnder Uenry IV., 78 Dnnninf , defende the nppeol of mnrder In 1774, 173 RccBLiHO dl Romano, 320 Reeleaiaatioal eonrta, uae of oom* parKation by, 66 JnrladTeiioB over dueU, 100 oppoeition to the ordml, 267 Rcclealaatlea and women not al' I Ivwtfd to leatify, 80 84 Beolealaatio^^ obliged to BBderso thodaol, 106 atmggle to maiBtaia the dBoi. no aad the ordeal, 271 elalm eiemplioB from ordoal, 260 not liable to tortnro, 817 their preeeaoe at tortnro pro- hibited, 320 Bdietum Theoderiel, 84 Egypt, traeea of ordeal in, 170 Rgyptlana, tortnro not need hy, 282 RIfatan of WinoheaUr, eaao of, 200 Rmerleh ron Roobaoh, Proeemna CrimiBalia, 355 Bngland, compBrgatlon naod nn- Ul 10th eentnry, 64, 65 baUlo ordeal introdaeod at the Oonqneat, 83 reair lotions on the dnel In, 07 duel in elTilaniUnntil 1571, 171 dnel in orimlnal eases nntll 1810, 173 ordeal aboliahed in 1210, 273 tort#e nnder KinaBUphen, 324 history of tortnro in , 376 not reoognlsod by common law, 377 need nnder royal prerogatlvo, 378 abandoned afUr 1640, 381 exoeptineasesof witeberaA, 381 Peine forU et dnro, 384 Bpicharts, ferUtnde of, 288 Rqnality of weapons in the dnel, 118 RrfoH, tortarc of inhahitonts of, 324 Ruimate of extorted eonfeosion, 368 K<trapade, Urtaro of, 316, 351 litablissemonts of 8t. Lonis, 153 no allnsions to ordeal, 275 no allusions to tortnro, 333 Boebarist, mlraoniona powers of the, 241 ordeal ol^ 236 formnlas of, 237 need in 7th oenlary, 237 eases of its employment, 238 forbidden by Robert tho Piona, 230 andbyOregorr VII.. 230 other eases of its aee, 241 Engenlns II. intrednoes the eold water ordeal, 218 Boronean ordeals identioal with Indian, 178 Rtidence, varieties of, 17 of relaUves, 30 by lortnre, valne of. 207 Kx cm pi ion of nobles from tortnre, 314 898 INDKX. Bzperlm«iituiB oruois, S32 Valsb doeretali diiappro?* of torture, SSO Vunilj, roflponsibiUty of tho, 16 ehamplont ftimlshod bT, 119 Foea to priesti for tbo ordefti, S71 Fchmgtrioht, aooiuatorial oaibi in tKe, 70 Fei&l, anUqnity of batUe ordol among, 80 thoordoalindigonooa among, 190 Fondillea and dot Qnorrea, duel between, 167 Fandai efforta to maintain the dael, 164 to reaiat torture, 839 Feadaliam weakened by tbe Ro- man law, 148 not faforable to torture, S21 Juatiee atill rendered in pub- lic, 321 oooaaional alluaiona to tor- ture, 822 torture uaed to extort maney, 824 oppoaition to torture in 1316, 889 Fian, Dr., oaae of; 883 Fire, ordeal of, 208 at flrat uaed for alarea and alraogera, 208 eaae of Petrua Igneua, 200 Groaaolano of Milan, 210 tbe lanoc of 8t. An- drew, 211 Bt.Franoiaof Aaaiai, 212 Savonarola, 213 generally an ecoleaiaatleal ordeal, ' 216 relioa teated by, 216 Fonlainea, Pierre de, 68 opinion of tbe duel, 166 no alluaiona to ordeal in, 276 no allaaiooa to torture in, 834 Fore-oatb of Anglo-Sazona, 68 For de B4am, compurgation in, 88, 43, 61 duel in, 166 no alluaiona to torture in, 833 Formula of oompurgatorial oatb, 43 Fountaina, miraouloua, 186 France, reatriotiona on tbe duel in, 96 atruggle to aboliab tbe duel in, 162 duel ncTcr formally abol- bbed, 108 cold water ordeal in 17th century, 227 ordeal obaolete in ISth cen- tury, 276 torture appeara in 1264, 332 acareely uaed, 833 condition of roturlera, 836 oaaea reported in tbe Olim, 836 oppoaition of feudaliam, 839 obartera granted by Loula Hutin, 840 torture permanently eatab- Ibhed, 842 exceptiona among eom- munea, 842 torture unlTcraal by end of 14tb century. 344 procedure adopted in 1498, 849 perfected in 1639, 860 queation pr4paratoin and pi^alable, 860 queation ordinaire and ex- traordinaire, 861 ordonnanoe of 1670, 862 torture aboliabed 1780-89, 888 Francia I., 77 duel ordered by, 166 perfecta tbe ayatem of tor- ture, 860 Francia of Aaaiai, St., eaae of, 212 Fredegonda, 81, 806 Frederic I. uaca torture aa pun- iabmont, 823 Frederic II., 67 reatricta tbe duel, 149 aboliabea ordeal in 1231,. 274 introducea torture, 829 Frederick tbe Great limita uae of torture, 886 Freodmen not tortured againat tbeir patrona, 293 doubt aa to their liability to torture, 293 not tortured by Oatrogotha, 307 Freemen of Rome not liable to torture, 286 torture of, legallied, 288 Friaia, ordeala uaed in the 13tb century, 274 Friaiana, ordeal of lot among tbe, 243 Fuero Juago, 812 Oaulb, torture among the aa- . dent, 803 Oentoo code, 170 Oermana, ancient, 16 Oorniany, ooropurgntion in 1648, 62 rcslrieiiona on the duel in, 96 ordoal in 14th ocnt\|iry, 276 INDKX. 890 0«miiiiij — 'Ijrunny of iho noblM, 32 1 iori«r« Bol in eftrl/ omIm, 927 torian of iUtm in 1366, 344 iortare in, 853 ConniitaiioM of CliarleB V., 363 torinr •yptcm from lOlli to ISih cenlnry, 355 inrftdoftl ftbolition of tortnro, 386 Qlmtliatom loriared m witnosnes, 291 Qo<lwiB, Dnlie of Kent, CMo ot, 233 Golden Dnli of 135A, 344 Gothic ritiml niAinUine<1 bjdnei nnd ordeal, 138, 215 Goiht, Piinnnnlan, baiile ordml nued bj the, 85, 100 ciHIttAtion ofthe. 84,300 Gmefe, Johmnn, »rgaei againtt iorlnre, 884 G randier, Urbain, eaae ol, 871 Gratian dlM\|TproTea of tortnre, 826 Greek Kint>ire,Ijowor,ordoa1 uaed In, 207 Orerre, nrilcal aneiently aaed in, 184 lorlnre prrTalcnl In, 282 ronOiird by law to plarea, 283 exeefitlonii to thin, 283 alave tentimon j the beti otI* dence, 283 damnffra of tortvred alnva paid fur, 284 nodea of tortnre In Togne, 284 Gregory of Tonrt, eaae of, 21, 805 Gregory I. diaapproTea of tor- tare, 825 Grinoftid reatrieU tho batUe ordeal, 82 Groavolano of MHnn, eaae of, 210 Gnebrea, the, 181 Gnelf II. of Altorf. enne of, 220 Gnndeberga, eaae of Qaeen, 82 IlAKOTBrn, tortnro abotiahed, 1822, 887 llebrewi, ortlealii of the, 180 Henry II. (Rt.) ehallenged by Hermann of Swabia, 100 Henry the Lion, 140 Henry If. of Nararre ordera the dnel in 1518. 106 Henry II. of Franee, lait dnel granted by, 167 HrnrT of liimbnrg and the Areh* bishop of Tr^veii, 236 Henry IV. (Btnp ) and ordeal of * Boehariat, 230 Henry III. nbollihet ordeal In RngUnd, 273 Hereapr. lorlnre in triala of, 817, 830 Uildebert of lo Muia dbApprofaa of lortara, 822 Hildebrand oondaoiBed by oold vater ordeal, 221 hia nao of ordeal of Boahft- rUt, 280 Hlnomar of Rhelna, hia arg«- menta for ordeal, 199 aiplaDatioB of hoi water ordeal, 196, 199 of eold water ordeal, 217 Holland, tortnre abandoned In, 885 Hungary, dnel reatrioted la 1492, 168 mf of toriare In, 845 IcBLAwn, dnel abrogated In, 142 ordeal aboUahed in 18th oaa- tnry, 274 iortoro in, 874 need on pregnant WMiOB,874 abollahad in 1258. 875 lotni eapitali, 110 regie, 110 Imagination, elfeeta of ordeal on, 259 Indoiiendeneo of lh« Toatoa tribea, 801 India, antlqnity of ordeal In, 178 ordeala Ideotleal with Bnro- pean, 178 modem nao of ordeal. 179 hot water ordeal, 26 1 red-hot iron ordeal, 202 eold water ordeal, 217 trial by balanoo, 225 ordeal of rice, 286 of the lot, 245 polaon ordeal, 250 Inflnenee derired from ordeal, 271 of Roman lawa In modem timea, 800 Innocent III. altera the eompnr- gatorial oath, 54 forbtda eecleaiastical dnela, 107 prohibila the dael, 147 the oHeal. 272 Innoeent IV., itaUtea of Inqnl- fiiion, 880 Inqnbition, naeofeompnrgatlon by, 58, 65 Infloenee of, on torture, 830 fyttem of InTettigation, 831 inOuenee on Judicial pro* oee«linga, 848, 870 pyntem in the 17th century, 372 InqnUitnrial proceaa introduced, 848 perfected by Franein I., 850 hopelemnen of defence, 860 400 INDKX. Iiisui« not to be tortared, S59 iBMripiion of aeeuer, 290, S97 InUnuttioiiAl qvMtions referred to the doel, 101 IreUad, antiqvity of UiiU ordeal in, 80 Iriah, the ordeal tadigenouf among the, 100 Iron, red-hoi, ordeal of, 201 mode of admintfiering, 201 la India, 202 •omeilmea an ariatooratie ordeal, 20S oaa« of its employnieni, 204 need to prove legilimaej, 206 extent of lie ue, 207 baada at paaif hmeat aad or- deal, 248 Irregvlar ordeala, 248 lUly, the doel prohibited la 1605, 189 tortare flni rerired la, S28 reeent ate of tortare In, 380 Ito of Charirei, 268 deoHnee to a^Jadge the duel, 109 Jambi I. approree the ordeal of blood, 246 ealogiiee water ordeal, 228 adminliteri tortare, 883 Japaaeae ordeals, 180 Jaraao aad La Chaatalgaeraye, 78 Jara, ordeals in, 181 Jajme I. of Aragoa, abolishea ordeals, 276 Jeaaoe of Fraaee, ease of, 160 Jeffniteed, 60 Jews liable to the dnel, 103 Jorem lapiden Jnrare, 187 Jadges liable to ehallenge bj de- Ibated pleaders, 90 royal, not liable to ehallenge, 93 liability of, for undue tor- ture, 310, 315, 355. 304 torture dependent on Ibeir discretion, 358, 361 Influence of tortare system oa, -365 Judicial duel. (See BaitU Ordtnl.) Juisc, 201, 207 Julius II. prohibiU the duel in 1606, 169 Jarameatnu snpermoriuum, 41 Jury-trial, probable origin of, 36 among Scandinavian nations, 375 Justioe, publicity of, under Car- lovingians, 320 Justiniui authorises torture for adultery, 290 KiNOBBD, respoBsibnity of; KlasaieB, erideaoe of^ Koraa, abseaoe of ordeal la, .16 • SO 182 78 La OflABTAiaBBBATB, Lamoigaoa eadearors to amelio- rate the Uw, 852 Laaee of Si. Aadrew, ease of, 211 Laagaedoe. eharUr of; la 1315, 340 Laag (J. P.), ia 1661, hesitates to eoadema water ordeal, 228 LaoB, robbery of ohnreh o^ 141, 222, 323 Lateraa, eoaaoil of, prohibits the dael, 141 prohibiU ordeal, 272 Latias, traoeo of ordeals among, 186 Legislaiife fhaeiioas of dael, 135, 140 Leo in., irial of, by Chariemagne, 27 Ldse Mi^est^ (see CrimtH Majttaiit) . Leadastes, ease of; 305 Lex appareas, or paribilis, 100 Qnadebalda, 81 Ifoaaohoram, 268 talionis for defeated appel- lant, 114 accuser subjeoi to« la Rome, 290 aader Wisigothic code, 310 Lille, eompargatori^ oaths ia, 60 torture unused in 1354, 343 Limitations of torture disregarded, 363 Llrres do Jostlce ei do Plot, 333 Lombard law, 82 Lot, ordeal of, among the Hebrews, 180 In the middle ages, 242 used In the earllesi times, 242 form employed by the Frisians, 243 examples of its use, 244 form used In India, 245 Lothtiir and Teutborga, case of, 199, 238 Loihair II., tortures the oiiiiens ofBrfurt, 324 Louis le D6bonnalre prohibits the eold water ordeal, 219 forbids ordeal of cross, 231 resumes its use, 232 Louis, St., his efforts to abolish the duel, sanctions use of torture. 152 332 348 equity of his procedures, Loais xlutin nuintains the use of torture, 339 Louis XIV. revises the crimlaal code, 362 INURX. 401 Low v$. ParMnore, eaie of la 1571, 171 Lot GomY>eite, 81 LaitprMid rwtHeta ibe baUU or- deal, 82 Madaoarcar. ordeal in, 184 MagioiaiiR lliihle to ieriure «nder Otiim\|roUiP, SOB torture rcqainile In trials of, SiO Mejentatin (tee Crimen Mnjsttaiis). Majorca, dael abnlisbed in, 150 Malacca, ordealu In, 181 Mananacn, Arrhbinhop of Rheimr, 40 Maaa, lawa of, ini\|K>rtance of oatb in, SO ordeaiR indicated In, 177 torinro noi alloded to, S81 Mare of ullvor, 99 Mariirny, Kng uerrand do, 3.18 Maritime lawp, 111, S78 MnMcrano, Marqnis of, 302 Mcrnringianp, their diarcgard of tho law, 305 MilancTO jndfrr, eaac of, 300 Moinc do Caen, torinro of, 351 Monarhnrnm Ijtx, 208 Montaigne ridicnlca torture, 384 Monteeqoien argaea against tor- tare, 387 Monaie law, ordcaU in, 180 tortore not nllnd«d to, 2S2 Mofflemp, irarm of nrdcnU among, 182 Moa-Vang,in»tfnrtinn(i to jodK^a, 177 Mosnrabic ritoat natntained by dnci and ordeal, 138, 215 Maralori, bla belief In water or- deal, 228 Hirt-na, dnM rr«lf tried in, 140 ordenl nhott-liH in 1231, 274 Orpt app^arnnr^ of tortore, 328 rcront n^e of tnrtnre In, 3^9 HefninRr, or I>anl«h jury, 375 Nempltirii. or 8wr«li«h jury, 370 Nero, rroeUtea inflictal on Chria- ti.nna, 287 Kewntd (Hermann) deprecative wntrr ordril, 220 Nichola« T. forf»idM err le« is ftiral dal«, 107 opf/'^ (h# do^i, nt prnhiKit* t'Ttnr^, ^2S NiroHa, Aagaatin, writ^« againai N'tHMi.ng. no Nol<ir« of F^^nre demand the darl in 1.1 1», 101 3 Noblea, iminvnliy fron tortvro, 314, 817, 350 Norgand, Biabop of Antan, 45, M Normandy, eompvrgation iii 10th eeninry, 00 duel legal vntil 1583, 105 ebartenofin 1315, 340 Norway, ordeal abolithed la 13tb eentnry, S74 18 IB 18 19 21 32,35 » ST Oatv, importaaoo of In law, of negation not prim ill re tinea, In Germany, mnltiplitd, elaMiAeatloB of, adjanota eaaential to, of eecleaiaatiea, oompargatorial formula of, 43, 54 altered by ibe eboreh, 54 moflea of admialstoring, 38 aepnirhral, 41 accamtorial, olanifleatiott of ^ in Dordeanx, 09 preliminary to ibe dnel, IIS pnrcatorial eonaldered aa or- deal. 195, 248 Offm Jadieinm, 232 01 im, tbe, 58 rn.ir* of tor tare reported in, 330 Opposition of tho cbnreb to tho dael, 133 of papacy to ordeal. 207 Ordeal of bettle (fr« ihttis OrJ^l). Ordeal, China an exception to it« prrralence, 170 India* iU anliqntty In, 178 idrnltty in India and Enrope, 178 KfTTpt, trarea in, I7V among th« llebrewf , HO in Kii«Urn Aula. 1^0 trarea of nmonr the Meelems, 182 in ro\|ynr«ta. 1H2 nnrnfrnn* In Africa, 1^2 in MaiUfasrtr, 184 In anrtrnt Ore^ro, \|R\| iffMi of among the l^alinM, 180 lo'lt^^^'^v among the 0ar- tt'trtan. 188 vnit^r-nl ihrooghoot Karope.193 ▼iiri«5« of, 1WI of lK,il»ng «al«r, l>0 of fH hot Iron, 2n\| of Of#. V^ nf ^nM w«t4if, 2 to of !h^ Kiil^n', 224 of lh# eroea, 2^0 4oa INPKX. Ord«aI— of brtad or obeeae, 233 of the Buob»ri»i, 2Sft of the lot, 242 of blood. 246 of pnrgatorbU oaiha, 248 irrogular, 248 of poiion, 260 roguUtioDf of Ibo ordeal, 260 oompulfory under order of eoart, 250 In abfenee of direct teiU- mony, 26] rigbt of eppellent or defend- snt to demand it, 261 aocaien obliged to nndergo It, 263 emplojed in dclbalt of oom- pargation, 263 regarded ac a paniihment, 266 emplojed aa a torture, 267 ■vpplanted by torture, 268 effeeU on the imagination, 260 uae of fulMtitttiei or obam- pioni, 200 wed etpeeUIIj for lerft, 200 oonfldenoe felt in the proeeis, 201 eompoeition allowed in it, 202 explanation of Iti unoer- Uintj, 203 oooational doubt ai to reaulta, 206 elTorta to preaerTO impar- Uality, 206 poature of the ohnreh re- apeoting it, 207 oppoaition of the papnoj, 207 ' defended by the ohurch at large, 207 exemption aometimea olafmed hj eocleaiaatlea, 208 motivea of the ohuroh in &- Tor of ordeal, 271 abuae of power by eoelcaiaa- tiea, 272 prohibition by Innooent III. 272 aeoular legialatlon againat, 273 aboliahed InBngland in 1210, 273 reatrioted in BcoUand in ISlh oentury, 274 aboliahed by Fred. II. in 1231, 274 and by the Northern Katlona, 274 obaolete in France in ISth oenturr, 276 employed in Qermany in 14th oentury, 276 gradual abolition in Spain, 270 lingera until 10th and 17th centuriea* 277 Ordeal^ inlluenee of Roman law, 277 of oommunea, 277 ' of eommoroo, 278 Ordonnanoe of 1200, 163 of 1203 and 1303, 167 of 1300, 168 of 1600, 108 of 1264, 832, 336 of 1408, 340 of 1630, 860 of 1070, 362 Oatrogotha, ciTiliiatioa of, 307 torture not uaed for freemen, 807 but for aiaTea, 307 Otfrid rednoca the Tudeeque to writing, 188 Otho I. enoouragea the duel, 136 Otho II. exienda iU application, 137 Otho of Bavaria, 130 Palbrmo, recent uae of torture in, 380 Pallor evidence for torture, 368 Panie oonjuratio, 232 Papacy, oppoaition to the duel, 147 to ordeal, 207 degradation of, in 10th and nthcenturiea, 270 Parlcment of Paria cradea the duel, 160 appellate power granted to, 103 farhida waUr ordeal, 1688, 1001, 1041, 227 deeiaiona legaliting torture, 330 Partldaa, laa Siete, 60 do not recognise ordeala, 270 rcgulatlona of torture in, 312 Paacal I., oaae of, 20 Paternity proved by ordeal of hot iron, 206 Pedro I. of Aragcn, 77 Pegu, ordeala in, 181 Peine forU et dure, 384 Penaltiea inflicted on witchea, 223 Penniwinkia, a Scottish torture, 383 Pdrigord, charter of, in 1310, 341 Perjury cauaed by compurgation, 60 duel uaed aa a remedy for, 80 Petrna Igneua, caae of, 200 PhiladelphU, ordeal of blood in 1800, 247 Philippe-le-Bel reatricU the duel, 157 remonatratea againat Inquiai- tion, 331 naea Inquiaition againat Templara, 332 Phillppe-le-Long, charter grant- ed by, .341 INDBX. 408 PhlHppe il« Valob Kranto siipel- Ule power to the pArlemonl, 16S Phil in of Barcnndj abollthat ib« doel. 1A4 PhtlntAi', Inrinr* of, 2A1 Thyplof^nomj do«f boI JnHifj loriare, 358 Pino, eoiifipirmey of, S%8 PlonKh-»liftr^9, ordeal of r«d hot, SOI Poison ordeali in Africa, 183 in Madagasoar, 184 In India, 350 PninoninK, torinre of women for, SOO Poland, rompnrgallon in ISth oentarj, 03 nie of iortnre In, S46 Poppo eonrerU the Danea by ordeal of hoi Iron, S06 Pregnanl women exempt from tortnre. 200, 314, 317, 855 •xeept In Iceland, 374 Prientlj feee for the ordeal, 271 Priefla not liable to torlnra In Rome, 289 farora ibown to. In tortnre, 367 Profenpional championp, 123 identifled with Roman gladl- atom, 124 defcradationi inOiotad on them, 126 Probibilion of dnel and ordeal by Innocent III.. 107, 147, 272 Prndentia^ hymn to St. Vincent, 209 PniPfia, toHnre limited in 1740. 386 Weft, water ordeal wed till 1745. 228 Poblicity of Jofltloa nnder Carlo- vinslana, 320 Pnnipnment of eonjaraton, 48 for defeat In the doel, 112 for defaalt In the dael, 1 10 of defeated ehnmpioBf, 122 ordeal reipirtled aa, 255 Paripitofinl oalhfi need a* ordeal, 248 Parrikeb, or Indian ordeal, 179 Qnancr. charier of. In 1319, Qaeation pr^poratoire. iMlinhed. 1780. 841 850 ab<^Htiiied. 1780. 388 d^flniiire or pr^alabla, 350 abolithed. 1788, 388 ordinaire and extraordinaire, 351 Qalntna Cartioa, opinion of tor- tare, 299 Raovald. Bwedlah lawa of, 370 Ranh« no exemption on aoronnt of, too lUnk— dileronee In, a linltatlM m the duet, 90, lOS Redn plication of oatba, 21 ReKnlatlonf of the ordeal, 250 Reliea neccMMry for the Talidlty of oalhp, 12 tetUd by ordeal of Ira, 210 employed In ordeal, 248 Repetition of toHara, 107 Ret ponvlbility of eonjaratort, 48 ofbnilofdaalliiU, 100 Reftrictiona on the naa of obam- piftna, 120 Retmctlon of extorted eoalhaalea, 307 Rho<liaB lawa, freemen anijaet to tortnre by, 283 Richard Cerar de I4en and Henry II., 24S Richard 1 II. and Henry yi., 246 Ricklai (Jacob) defenda the water ordeal in 1590, 220 hia tortnre of witehea, 372 Rienlfuf, tortnre of, 300 Risa, treaty with Smolenike, 278 Robert the Picas forblda ocdeal of Bttcharist, 289 Rotlolph of napabarg raatricta the dnel, 140, 149 Rome, traces of ordeal la, 180 nse of tortnre In, 284 freemen not llnbta nndar the Repnblic, 280 tortnra of freemen Intro* dneed by the Bmperora, 280 cmcliiea of the early CsMara, 280 persecution of Christlaaa, 287 tortnra of freeman legallaed nnder llmltationa, 288 freqnent lexislation raqnbita to protect them, 289 extension of crimes for which thry were tortnred, 290 accn^er snbject to lex iaiionii, 290 witnemes sometbaea liable to torture, 291 itaTcs. tortnra reqnlslta to their testimony, 291 act tortnred acatnal their masters. 292 IVeedmen. donbt aa to their liability, 293 liability of slarea In n^Jea- Utis, 294 Inflnenco of ChrlsthiBlty, 296 slares crippled in tortnra paid for. 290 Kenerailimiiatlonaoftofinra, 290 404 INDSX. TalB«of«Tideno«bj torture, 297 oonflioUng optniont of, 298 model of tortaro onployod, 299 inflaoneo on modem lawe, 800 Bomea Btetet, the duel probibited In 1606, 169 Bomnn Uw, reviTal of etady of, 66 Inflnenee of. In eboliabiog aegatiTe prooft, 60 on the Goths, 84, 800 on the duel, 148 on ordenl, 277 on torture, 827 Rotharii reitriete the betUe ordeel. 82 RnmU, duel Allowed until 1049, 109 ordeel for theft in, 229 UN of torture to, 846 torture aboliabed in, 887 Bt. DiEiBB, torture unuied in 1864, 842 Bnndemend, or Denlah Jury, 876 Seaajbark, ordeal of, 183 Bathee, 280 Bafonarola, ease of, 218 Bazone and Luitiei, duel be- tween, 102 BazooT, torture aboUihed In 1770-88, 887 Beavengers daughter, 880 Bcheiogehen, or ordeal of bloo<1, 217 Bolafonio tribes, battle ordeal uniTersal, 86 Bootland, oompurgatlon in 14ib oentury, 02 dnel allowed in 10th oentury, 170 ordeal of blood nied in 17th eenturj, 240 ordeals reitrioted In 18th oentury, 274 torture of late Introdnotion In, 882 terrible oharaoter of Boottish torture, 388 abolUhed in 1709 by United Parliament, 883 Borlbonius, in 1688, adTOoates water ordeal, 220 Beerecy of the inquisitorial pro- ocss, 848 Beguidors, 38 Bejanus, plot of, 286 Bemperfri, 104 Bencbus Mor, or Brehon law, 80, 100 Berfs, ordeal reserved for, 200 Bezhendeman, 86 Bhower-bath, torture of, 847 SioOy, reeent use of torture In, 889 Biete Partidas, 812 their anthorttT, 810 dnel restrlotod in, 160 regulationi of torture, 813 8keTington8 daughter, 880 Blares admitted as oonjnrateis, 88 allowed the duel against their masters, 102 ordeal reserred for, 200 tertnre reauislte to their tes- timony In Qreeee, 282 and In Rome, 286, 291 not tortured against their masters In general, 292.* 294 torture restrioted by Taoitns. 296 orippled In torture paid for, 290 torture of, among the Bar- barians, • 802 Interests of the master pro- teeted, 808 not tortured as witoessee, 804 torture of, under the Ostro- goths. 807 under Wisigoths, 809 liable to torture in Bpain, 814, 818 torture of, in Qermany in 1860, 844 In Iceland subject to tortore, 376 81eepleHnon,tortnreof, 300, 381, 383 Bmitli, Sir Tbuuins, adiuiuisters torture, 379 Bmoleniko, treaty with Riga, 278 Solidarity of the family among Teutonic races, 10, 17 Bolidtts, or sou, 90 Borcerers, tortured by Ostro- goths, 308 insensible to tortore, 370 Sorcery, torture requbite In triali of, 870 Bpain, duel restricted In, 160 gradual abolition of ordeal, 270 torture under Wbigoths, 809 In the Fuero Jusgo, 812 In the Biete Partidas, 812 spontaneous confession re- quiiite, 318 repetition of torture, 813 exemptions, 813 lUbility of slares, 814 liability of witnesiei, 816, 810 general restrictions, 816 responsibility of j udges, 3 1 6 appeals, 310 TBr ieties of torture in use, 8 1 in the 17th century, 317 INDEX. 406 staff, ordMl of, S69 SUtiiU of Qto«e«tUr, 1 333, 171 SlMndford, Sir Willimn, ap- proYM ofordtalt in 1651, S77 StooknelTn, 87 StmpiMMio, 316, 861 SalMiltalM In the oHeal, MO allowed In ordml oferom, 131 Saeeenlon of oaiaUt deelded by llio daol, 136 Snperviiiion, pofMivatlon of, 279 Swantoptaek of lloliamla, 824 Sweden, oompar\|rallon In 1A63, 63 ordeal abollibed In 18Ui een- tnrj, 274 lorinre nol need in, 876 Swilterland, torinre abolished In, 387 Tacitus, reitrleti the tortare of alavee, 295 Tahili, Imeee of ordeal In, 183 Tengena nnt, ordeal of, 184 Templam, ordeal In trial ef, 208 torture of, 832 Teetlnion J of tortared f laToe the beet eridenoe In Ureeee, 283 Teltimonj of gladlatora, torture neeewarj to, 29 1 aadofetarec, 283,286,291 Tentberga, eaee of, 199 Tentonie knighta Introdaee or- deal in Lironia, 276 Tentonie Independenee, 301 Tbeodorif , hie reverenoe for the Romen Law, 84 depreeate« the battia ordeal, 86 l(«llet of, 307 tortare of ioreererf bj, 808 Theodoelas the Great forbidi torture of priet ts, 289 Thibet, ordeoU in, 181 Thnaae of Woodsiook, Dnke of GloneeiiUr, 171 Tiberiue, erneltlee praotlned by, 285 extend* the epplioatlon of niAjeftatie, 286 derire to obtain erldenee of riaree, 293 Tlen-Etat, Influenee of on the dnel, 143 on the ordeel, 277 Torture, ordeal regnnled at a, 357 ordeal eapplanted by, 268 not nfed by lilndne, Jewf, and Rgyptiana, 281 largely employed In Oreeee, 283 reanlationi of tortare In IWue, 281 Tortura— oontraai between Roma and the Barbarians, 8H anong Barbarians, nol la* gaily need Ibr fraonan, 80S but for slaYOfl, 803 dirregard of the law, 806 among the Ostrogoths, 367 among the Wisigoths, 809 In the Fnero Jasgo, 312 in the SieU Partidaa, 312 in Spain in 17th century, 317 aot used under the Carlorla- glans, 318 nor under the Feudal Sys- tem, 321 ooeasional allusions to, 322 disapprored by the ehufoh till ISth eentury, 326 old forms of eYldenea bo- eome disused, 326 ■ot alluded to in early Ger- man eodes, 326 Irst appoaranoo In Assises de Jerusalem, 826 roTlved by Frederia II. la Naples, 329 Inflaenee of Inquisition, 330 appears la Franoe In 1264, 832 not alladed to In eodea or Uzt-books, 833 six eases taportod In tho Olim, 836 resistance of Feudalism, 839 esUbllsbed by Louis llutin, 346 exeeptions among oharterod towns, 842 nnirersal by and of 14th eonlury, 344 in Germany In 1366, 344 In Corslea in 14th eentury, 344 in Venice, 846 in Hungary, 346 In Poland, 346 in Russia, 346 secret inquisitorial p rssssd- Inge Introdueed, 348 French system of H98, 349 perfected by Francis I. la 1539, 860 tariped by Louis XIV. la 1070, 362 in Germany, 363 Cnroline Coastitutions, 863 InSaence of Roman law, 866 excrplcd classes, 866 torture left to diseretioa of triboaal, 36T 40G INDEX. Torlara— •zUnsloB of ih« tysiem, 860 priTilagM ftlloweil to d«rtne«, 300 redaoed to nullit/ in prac- Uoo, S6l worthiamiMi ofreiirioiioiit, tfOS Influenco on the Judges, SC6 real estimate of extorted oonfeMioni, 867 ntrooit/ of the qritem, S69 inflnenee of witehorafti 870 In leeland, 874 In Denmnrk, 876 in Sweden, 870 in Bngland, 870 in SooUnnd, 882 oppoiition to, 884 gradnal abolition In Qer- many, 1740-1831, 880 aboliahed in BoisU, 1801, 887 in Franoe, 1780, 888 In ToMany, 1780, 880 . nted in Naples until recently, 389 Toulouse, magistrates oi; exempt from torture, 840 TranqrlTania, water ordeal used in 18th oentury, 388 Treason, freemen liable to tor- ture ibr, in Rome, 386, 389 ilaTes tortured against mas- Urs for, 204 In modern times, 814, 817, 840, 844, 860, 370, 380 Tr^Tes, Arohbishop of, and Henry of Limbnrg, 330 Trial by balanoe, 334 Twelfhendeman, 86 Twyhindeman, 36 Uao, Marquis of Tusoany, 306 Uneertainty of ordeal, explana- Uons oi; 203 Upstaliesboom, laws oi; 274, 370 Upton, Nioholas, 104 Urpheda, 808 Uta, Queen of Oermany, 81 Utreeht, torture disused In, 886 ▼▲LBVoixvvxf, duel at, in 1466, 106 Yalentinian III., protection of slaves by, 290 Valerius Maximus, cases of tor- ture, 298 ▼alue of eTidenoe by torture, 397 ▼an Arokel, combat of, 70 YarieUes of ordeal, 190 of torture used in Greece, 384 in Rome, 399 ▼ase of Solssons, 801 Vehmgerioht. (See FtkmgerieJki,) Venice, ase of torture in, 346 Vermandois, nobles ot, demand the duel, 161 Viescher, August, 74 Vigib, torture of; 300. 381, 883 Villadiego, directions as to tor- tare, 317 Villeins, inequality of combat for, 103 ordeal reserred for, 300 debarred from all appeal, 830 Villon subjected to water torture, 360 Vincent, St., his martyrdom, 300 Vladislas II., of Hungary, re- stricU the duel, 109 Voltaire argues against torture, 888 Vorogeia, or Russian dlTiner, 330 Waqxr of law, 34 of baUle (see BaUh Oni§ai), Waldemar II. of Denmark, laws of, 876 Waldrada and Lothair, 199 Warfiure. right of prirato, 16 WaUr, bitUr, ordeal oi; 180 boiling, ordeal of; 190 mode of administration, 190 exorcbms employed, 198 iU universality, 300 its use in India, 301 oold, ordeal of, 310 mode of administering, 310 explanation of it, 317 introduced by Bugenlns II.. 318 fbrbidden by Louls-le- IMbonnaire, 319 It flourishes ncTcr- theless, 319 generally a aerrlle or- deal, 330 oases of its employment, 331 prolonged use in witch- craft, 333 loss of weight in witches, 324 ordered for witches by LouU Ilutin, 336 rcTived In 10th centary, 330 oontroTcrsy concerning it, 1683-'94, 330 use continued in 17th century, 337 forbidden by Paris Par- lement, 337 encouraged by Jamee I. of England, 338 INDEX. 40) WaUr, cold, oHmI of— sMdinWMtPniMlaini 1749, ns eMM In 1815 ftnd 1836, 119 sogfiftU pimeUot in Rnnin, 119 WaUr lortare, 849 WtapoBi of ohftBDlon in dnel, 117 ehoieo of, in doel, 117 •qnAlil/ of, in the duel, 118 Weiffbi, loM of, by witobw, 114 WoneetiM of Bobemin probibitt tortnro, 811 Willlnm Ibo Conqvoror Intro* daeoo Ibe baiUo ordonl, 88 Wiilbim of Ely, 88 tVirUmbnrf, iorinro aboHihod, 1806, 887 Wiaifolhie oodo, lU tnporlorily, 84 Wiiigelba, tboir Inwf, 808 Iorinro Allowed for tinTot, 800 and for froomon, 800 nndor onrofnl ro- ffiriotioni, 810 dinroicnnUd in pnoUoo, 811 \|itr\|wla»to(l among Spaniards, 811 WlUborall, legal ponalUof In* flieUd on, 118 Wileherafl— tortnro indlfpontablo ln» 870 oxtont of ponoontion Ibr, 878 iorinro niod in England for, 881 airoeiottf iriali for, la Bool- land, 888 Wilobet loM iheir woigbi, 114 lorlnrod by Oiirogoibi, 808 Intoniiblo to Iorinro, 870 Wilaonof of dofoalod pariy pan* libod, 86, 00 liable to ohallongo, 88 omploved at ebanplona, IM •omolunea liable U Iorinro, 100, 816, 816, 880 BO iorinro of, aoMng Barba- rlaai, 804 Women and ehUdron admlilod aa eoi^nratorf, 88 Women and eooleolaoilea nol al- lowed to leiiify, 80 Women, dnol bolwoon moo and, 14S Trnt of Charlrof. (Soo /oo.) ZAHonn, Johaan, hla iroalifo on Iorinro, Eoroaolor, legend of. 86S 181 fO This book it • pwoeivitioB p hotocopy. It WMpiDOUOM QB BimiBinillD LMW PnBt • 60 f book wai(\|it •ead'free afcUvd wliich meats dw nqufBOMBts of ANSUNISO Z39.48-1992 ( p w m— ice ofpipw) m 1996 3 2044 025 024 753 I	__label__neg	superstitionand01leagoog	OL23404271M	OL1086592W	415	1,878
zh	N/A	N/A	国家哲学社会科学学术期刊数浅淡小学英语词汇教学及其方法 Data 口程晓丽福南小学 \[摘要\]在小学英语教学之中，词汇的学习是一个很重要的部分。如何加强词汇教学直观的性质，让我们的词汇教学变得很有趣味性呢?这是本文需要探究的重要的问题。 \[关键词\]词汇；教学；方法 \[中图分类号\]H319 \[文献标识码\]A \[文章编号\]1009-6167(2013)09-0167-02 词汇是学习英语的三要素(语音、词汇、语法)之一，语法是语言的基本模型，词汇是语言的基本材料，是英语的基本单位，是进行思维和完成交际的重要信息符号。词汇教学在英语学习中是一个重要部分，是一切英语活动的基础。词汇教学是老师教，学生学的一大难题。语言学家D. A. Wilkins 说过： Without grammar little can be conveyed； without vocabulary nothing can be conveyed. 词汇能力会影响到学生听、说、读、写和英语交流能力。特别是对于刚开始学习英语的小学生来说，词汇的积累较为重要。常听到老师疑惑一个单元才四五个新单词，学生怎么就不会读?教过好多次，下一次还是不会?怎么就记不住，不会用呢?学生见词不会读、听音不会写：见其形不知其音，听其音不知其形的现象也很多。有时候老师会独立地教授单词，忽略了单词在句子或句子语境中的含义，也不利于学生的理解、记忆。小学英语词汇教学应基于真实语境，以真实语用为目的而进行。教师在进行词汇教学时不能脱离真实的语境，可以新旧结合，以旧带新，还应想办法创设真实语境让学生在用中学。小学英语词汇教学应坚持词不离句，句不离篇，篇不离用。不仅让学生掌握音、形、义，还能学会在不同的情形下运用。以下是比较实用的单词教学方法。 (1)真观、具象教学法小学生的智力发展是以具体形象思维为主，向抽象思维逐步过渡的。直观教学法是小学英语单词教学里比较常用的方法，如采用图片、实物、玩具、幻灯片等一系列辅助教具及手势动作、面部表情等开展教学，不但能吸引学生的注意力，还能使他们积极参与。如教授教室用品或文具时，可直接用身边的实物：不仅可用 What’s this/that?来提问，还可以创设不同的情境。“Oh， a pink pencil case， a red pencil case. I like your pencil case."“Give me a rubber， please?”通过实物、行动把抽象的单词变得形象，不用中文解释也能易于理解。如学习smell一词，我在课堂上带来了同学们熟悉的水果，让孩子闭上眼睛闻味道，猜一下是什么水果，并鼓励学生回答我的问题，用I can smell an apple. 表达出来。学习hear，老师找一些动物、交通工具发出的声音，甚至别的科任老师讲话的声音让学生听，问： What (Who) do you hear? 既能引起学生的兴趣，也能让孩子猜测感知到hear 的词义和用法。利用直观教具，能让孩子有一个清晰的认知。教师的一举一动都能引起他们的注意力，利用动作表情，能让某些抽象的单词变得容易理解。简笔画与图片制作，是教师的一项基本功。很多单词运用简笔画能很迅速勾画出米，表达出最基木特征，也很形象直观。 (2)置于情境中学习小学生好动，也乐丁模仿。可以创设不同的情境，用不同的语气学习同一个词语，避免机械性操练的枯燥。如学习食物的词语时，老师可以做出一副很高兴的样子(或出示一张带着高兴表情、竖起人拇指图片)，兴奋地说“Oh， tomato!"(图1)接着再出示一张带着厌恶或不高兴表情的人的图片，低落地说“Oh， tomato."(图2)还可以编一些富有趣味的小短刷，演一只小老鼠“I’m a mouse."出示动物的部分(如尾巴)，用疑惑的语气问“A dog?”出示完整的图片，用恍然大悟的语气说“A dog.”然后用友好的语气打招呼“Hello， cat."；出示猫的尾巴，用疑惑有点害怕的语气问A cat? 看到完整图片时用惊恐的语气说： A cat! Oh， run. 可以运用更多需要教授的单词图片，用不同的情境、语气进行练习。图1 图2 (3)在游戏中学习游戏是儿童的天性，在游戏中获取知识是学生喜爱的学习方式。游戏能调动学生的积极性，变枯燥的教学过程为丰富的游戏活动，也能让学生积极主动参与到课堂教学中。如(1)听音碰单词，listen and touch.(两学生进行比赛)：(2)用简单的、学过的英语单词或句子描述单词，让学生猜。如It’s yellow. It likes bamboo. What’s this?(3)增加或减少一个字母，变换字母次序使其变成另一个单词，如： it-its、read-red、east-seat、are-ear； (4)Memory game，出示几个所学单词或其图片，给孩子10秒钟记忆，再把图片或单词遮起来，考考学生。可以慢慢增加单词加大难度。让学生在九宫格里随便写下给出的单词，听到老师念哪个单词就划掉，如果有三个单词在同一竖排、横排或斜排就赢了，可以训练学生听音辩词能力。这些游戏都可以用抢答、竞赛的形式，增加趣味性。 (4)故事教学法把故事用于英语教学、单词教学，在国外已经有着很长的历史，我们也可以适当借用。笔者在香港听过 _节课，_ 老师用一本可爱的绘本，通过云朵变幻不同的形象，用简单重复的句子，教授了动物单词，训练了学生听、说、读、写能力。另外一位老师则自己设计绘本，把动物们都编进了一个故事：两个小朋友进入到森林里，展开介绍动物们的名称、特点(形容词)、生活习性、生活地点。教师可以灵活运用绘本，选取适合本课教学的片段，或只选择图片改编、重编句子。除了故事绘本，我们也可以用多媒体，通过录像、flash等形式，展现给学生一个小故事，或者一个小片段、一个搞笑的镜头等，既直观又生动形象，并在反复出现的单词或者句子山强化了学生的记忆。除了现成的书或绘本，老师可以把要学的新单词编成故事，甚至让学生自己发挥想象力。在故事中教授学习单词，既有趣，又能让学生学会运用。我也越来越多地在日常教学中加入英文绘本，在每堂课前五分钟读一本简单的绘本，过一段时间后尝试让学生自己制作 minibook，接着每天让一两个小作者读他们白已创作的绘木给全班听。学生很喜欢，有兴趣去做，这比一遍一遍教他们，让他们抄句子、听写有效多了。 (5)歌曲、韵律诗教学韵句、歌谣、歌曲、短刷都是强化词汇记忆的有效途径。对于小学生来说，爱唱爱跳是他们的天性。在单词教学中可用一些朗朗上口的英语歌谣，除了一些现成的常用歌曲，我们还能用耳熟能详的歌曲，把里面的关键词换成新单词，如Ten little Indians 就可以换成 Ten little rabbits/tigers/ bears 等等： Twinkle twinkle little star 也可以改成 Yellow yellow， little bird. 或者 Purple， purple little grape.等。课本的每课通常也有配套歌曲，5可以让学生用所学单词变换，进行冉创作。单词教学法多种多样，老师可以根据学生的具体情况，选取适合自己学生的方法。小学英语词汇教学应基于真实语境，老师应想办法创设真实语境，词不离句，句不离篇，篇不离用，多给机会学生用英语做事情，而不仅是机械地反复读，要让学生在运用和体验中学习、掌握。参考文献冯就媛.原型范畴理论对于学龄儿童词汇教学的启示训徐特立研究(长沙师范专科学校学报)，2008(2). 2 梁端俊.国内英语词汇习得研究综述\[\].滁州学院学报， 2010(6). 13 文秋芳，上立非.中国英语学习策略实证研究20年\[\].外语言文学，2004(1). \[4\] 朱桂梅.试论中国儿童学外语的最佳年龄及途径巾.门城师范高等专科学校学报，2002(4). \[5\] 曾永红.国内词汇学习策略实证研究，现状、可题与前景们.武陵学刊，2010(3).	__label__neg	null	null	null	null	null
en	hf cc0-1.0	https://huggingface.co/datasets/storytracer/US-PD-Books	Eliot memorial : sketches historical and biographical of the Eliot Church and Society, Boston author: Thompson, A. C. (Augustus Charles), 1812-1901 NYPL RESEARCH UBRARIK mmm Q7954398 3 n ^wn^Ti ^ 1 WWHWHaBBIHili MMHH^n ^^^^^^^K^^^^BSBIitBMttMtmBui nlEHlwMiSlSiS^ HittlBI ■BBBBBnaBIBBBBBBBnmMNMffMHIHkSaCtt^^BBB^B BHHHHlHIiBll n 1 1 THE NEW Y PUBLIC LIBR. ASTOR, LENOX ' TILOEN FOUNP' ^ 1 : ^ THE^iEWYORK PUBLIC LIBRARY Copyright, 1900, RY A. C. Thompson Electrotyped by Thomas Todd. 14 Beacon Street, Boston. PREFACE. THE origin of this volume was as follows : — The four Deacons of the Eliot Church — Messrs. Timothy Smith, Alpine McLean, Frederick C. Russell, and Clarence T. Mooar — communicated a joint and earnest written request that I should prepare such a work. They stated that my long connection with the Church had made me acquainted with many members now deceased, and with many facts in our collective life known to no one else now living. Emphasis was given to a suggestion that there should be special freedom in recording items of autobiography. The introduction of matters personal to the writer has accordingly been employed much more amply than might otherwise have seemed consistent with modesty. Without such freedom there would have been constraint and awkwardness in an endeavor not to appear egotistic. The volume is an unpretentious contribution to local history, a response to the reasonable desire of friends for some acquaintance with a limited period not long ago, and with individuals whose names and but little more are familiar to them. After the preliminary chapters there follows a simple record, for the most part, of occur- rences between the years 1834 and 1871. Much greater fullness per- tains naturally to the period of my active pastorate, from 1842 to 1871. At the last mentioned date Rev. B. F. Hamilton, d.d., be- came a valued colleague. Memoranda, regularly made at the time, aid these reminiscences. The book comes from the press on the eighty-eighth anniversary of my birth, and in the fifty-eighth year of my connection with the Eliot Church. A. C. Thompson. Boston, April jo, igoo. CONTENTS. PAGE HISTORICAL SKETCHES, I. RoxBURY — Early and Later II. Local Orthodoxy and Liberalism 14-26 III. Preliminaries and Organization 27-33 IV. First Pastoral Settlement 34-36 37-42 43-49 V. Second Settlement VL The Pulpit . . . VII. Pastoral Service 1 Parish Calls 2 Extra-Parochial Service . 3 Deaths and Funerals . 50-60 60-65 66-74 50 4 Marriages 74-77 5 Contrasts and Coincidences . 78-86 6 Peculiar Persons and Proceedings, 86-95 VIII. Church Functions . . . 1 Sacramental Services . . . 96-100 2 Church Prayer Meeting . . 100-108 3 Special Church Fellowship . 108-110 96 4 Church Discipline .... 110-113 5 Revivals 113-120 IX. Eliot Sunday School , 121- X. Various Devotional Meetings 1 Maternal Meeting .... 132-136 I 3 Other Prayer Meetings 2 Female Prayer Meeting . . 136-137 I 137- 131 132 139 XI. Various Associations . . I Dorcas Society 140-141 I 2 Eliot City Mission . 141- XII. Special Occasions and Occurrences 1 Social Gatherings .... 1 49-1 51 2 Anniversaries 151-153 3 Receptions ^ 53-157 4 Civil-War Time 157. 5 Sickness and Absences . . 163- XIII. Colonial Churches . . 1 Vine Street Church . . . 170-172 2 Highland Church .... 173-175 3 Walnut Avenue Church 175-18 140 148 149 ■163 -169 170 181 XIV. Fellowship — Ecclesiastical and Ministerial V i8z VI CONTENTS. BIOGRAPHICAL XV The Diaconate 1 Alvah Kittredge . . . 195-197 2 William G. Lambert . . . 198-199 3 Henry Hill 199-202 4 William W. Davenport . . 202-206 5 Andrew S. March .... 206-208 6 Edward B. Huntington . . 20S-210 XVI. Ministerial Parishioners 1 Rev. Stephen Sanford Smith, 224-225 2 Rev. Huntington Porter . . 225-226 3 Rev. Ezra Conant .... 226 4 Rev. Charles Baker Kittredge, 226-228 5 Rev. William Henry Porter . 229 XVII. Missionary Officials . . 1 Rev. Rufus Anderson, D.D.,LL.D., 239-242 2 Rev. David Greene . . . 242-245 3 Miss Mary Evarts Greene . 245-247 4 Mrs. Mary P. H. Leake . . 247-248 XVIII. Missionaries 1 Mr. George Christopher Hurler 25 s- 2 Mrs. Elizabeth Grozer Hurter, 257- 3 Rev, Daniel Crosby Greene, d.d., SKETCHES. 4 Mrs. Mary Carpenter Paris . 5 Mrs. Louisa Bradbury l]unker, 260- 6 Mrs. Maria Chamberlain Forbes, 262- 7 Mrs. Mary Ballanthie Fairbank, 263 8 Mrs. Harriet S. Caswell . . 266- ■257 -258 -260 260 -262 -263 -265 ■267 193 210-211 212-214 214-216 217-219 219-221 222-223 224 6 Rev. Charles Shaw Adams . 229-230 7 Rev. David Meaubec Mitchell, 230-232 8 Rev. L. Burton Rockwood . 233-234 9 Rev. Edward W. Hooker, D.D. 234-236 7 Moses H. Day . . 8 Lucius H. Briggs . 9 J. Russell Bradford 10 Charles W\ Hill n Andrew Marshall . 12 William Francis Day 5 Rev. Joseph Sylvester Clark, D.D., 6 Rev. Henry Brown Hooker, D 7 Mr. Benjamin Perkins XIX. Educators and Litterateurs Rev. Jacob Abbott .... 283-285 Rev. William Channing Wood- bridge 285-287 William Alexander Alcott,M.D, 287-288 Rev. Solomon Adams . . . 288-290 9 Mrs. Jane Herring Loomis 10 Rev. David Coit Scudder 11 Miss Ellen Maria Stone . 12 Miss Anna Wells Bumstead 13 Miss Mary G. Bumstead 14 Rev. Charles W. Munroe 15 Rev. Samuel Greene . . 16 Miss Elizabeth Ellen Backup, 17 Miss Susan Maria Underwood, 5 Rev. Horatio Quincy Butter- field, D,D 6 Charles Short, ll.d. . 7 Prof. William Ripley Nichols, 8 Prof, Frank Eustace Anderson, 9 Horace ElishaScudder.LiTT.D. XX. Lawyers 1 Hon. Samuel Hurd Walley . 303-305 2 Hon. Charles Theodore Russell,305-3o6 3 Hon. William Gaston, ll.d. . 307-308 4 Nehemiah Chase Berry . . 308-309 5 Henry Hill Anderson . . . 309-310 6 Josiah Woodbury Hubbard . 311 7 David Brainerd Greene . . 8 Jeremiah Evarts Greene 9 Hon. Roger Sherman Greene, 10 William Phillips Walley 1 1 Gen. Henry William Fuller, 12 John Wentworth Porter 237 248-250 250-253 253-254 25s 267-268 268-271 272-273 273-275 275-277 277 277-279 279-280 280-282 283 290-293 293-294 294-298 298-300 300-302 303 311-312 313-314 3M-316 316 316-317 317-319 CONTENTS. XXI. Physicians . . . 1 Daniel Francis Gulliver, M.D. 2 Alfred C. Garratt, M.D. . . 3 Henry Blatchford Wheelwright, M.D 4 Ariel Ivers Cumniings, M.D. . 321-322 322-324 324-325 325-326 326-327 333-334 334-335 5 Henry S. Steele, m.d. . . . XXn. Artists ^ . . 1 Samuel Lancaster Gerry . 2 Mrs. Victoria Adelaide Root, XX HI. Deaf-Mutes 1 Jonathan P. Marsh .... 340-342 2 Mrs. Pauline P. Marsh . . 342-343 3 Mrs. Pauline Marsh Bowes . 343-344 XXIV. Noteworthy Laymen . . 1 Dr. Nathaniel Shepherd Prentiss, 349-353 2 John Heath 353-355 3 Melzar Waterman .... 355-357 4 Richard Bond 357-35^ 5 John Newton Denison . . 358-360 6 Isaac Davis White ... 360-361 7 John Brown 361-362 XXV. Young Men 1 Henry Martyn Hill . . 2 John C. Carruthers, Jr. 3 D. Jarvis Hastings . 4 Nathan Haggett Brown 5 379-38' 381-382 3S2-383 383-385 Edward P. Flint 385-386 XXVI. Ministerial Recruits . . 1 Prof. John F.Gulliver,D.D.,LL.D., 392-393 2 Rev. William Ladd Ropes . 393-394 3 Rev. William Sewall . . . 394 4 Rev. John Henry Denison, d.d., 395-396 5 Rev. George Edwards Hill . 396 6 Rev. Isaac C. White . . . 396-398 7 Rev. Evarts Scudder . . . 398-399 8 Rev. Alexander S. Twombly, DD 399-400 XXVII. Ministerial Colleagues . 1 Mrs. Hannah C. Bowles Wolff, 410-41 1 2 Mrs. Sarah P. Gulliver Pratt, 411-412 3 Mrs. Susan M. Huntington Perkins 412-413 4 Mrs. Elizabeth G. Strong . . 413-414 5 Mrs. Sarah Elizabeth Boardman,4i4-4r5 320 6 Stephen Wallace Bowles, m.d. 327-328 7 Timothy R. Nute, m.d. . . 328 8 Benjamin Mann, m.d. . . 329 9 Frank H. Davenport, m.d. . 330 10 Robert Bell, m.d 330-331 3 Miss Emily Percy Mann . 4 Mr. Frank Thayer Merrill 4 William Lynde .... 5 Mrs. Caroline F. Lynde . 6 Mrs. Mary Coffin Lynde . 8 Dea. James Clap . . . 9 George Domett . . 10 Abner Kingman 11 Hon. Joseph S. Ropes . 12 Sylvester Bliss .... 13 Robert McMaster Carson 14 William Henry Wardwell 15 Wesley Ireson .... 6 George Alvah Kittredge 7 Joseph Eppes Brown . 8 Hon. James M. W. Hall 9 Col. Ebenezer W. Stone 332 335-336- 33^337 338 344-346 346-347 347-348' 349- 362-365. 366-367 367-369- 369-370 371-372 373-374 374-375 37^377 37S 386-388 388-390 390 390-391 39» 9 Rev. Francis Brown Perkins, 400-401 10 Rev. Edward Anderson . . 401 11 Rev. Abbott Eliot Kittredge, d.d 401-402 12 Rev. James Winchel Grush, 402-404 13 Rev. Isaac Curtis Meserve,D.D. 404-405 14 Rev. Alfred Henry Hall . 405-407 15 Rev. George Ross Hewitt . 407-409 • 410 6 Mrs. Hannah T. P'enn . . 415-416 7 Mrs. Mary Anderson Street, 416-417 8 Mrs. Jane Perkins Childs . 417-418 9 Mrs. Caroline Forbes Penniman, 418 10 Mrs. Angenette F. Tinkham Hamilton 419 VIU CONTENTS. XXVIII, Young Women .... 1 Maria Antonia Martina Eche- verria 421-422 2 Charlotte H. Baker . . . 422-423 3 Emeline Silsbee 423-424 4 Charlotte R. Steele . . . 423-424 XXIX. Honorable Women . . I Mrs. Mehitable Grozer Kit- tredge 433-434 Mrs. Harriet L. Dickinson . 434-436 Mrs. Clara Stovvell Franklin, 436-437 Mrs. Catharine Louisa Stone, 437-438 Miss Caroline Maria Stone . 438-440 6 Mrs. Abigail F. Wardwell . 440 7 Mrs. Mary J. Basford . . 441 8 Mrs. Anna F. Waters . . 442-444 9 Mrs. Magdalena Kuhn . . 444-446 10 Mrs. Mary Callen .... 446-448 11 Mrs. Judith Nutting . . . 448-451 XXX. Children 1 Caring for the Young . . . 473-474 2 Early Piety 474-477 3 Early Deaths 477-479 5 Eliza Hill Anderson 6 Marcia Evelina Atkins 7 Ann Maria Bond 8 Caroline W. Bond . 9 Ann Bell .... 420 425-427 427-428 428-429 429-430 430-431 432 451-453 453-455 12 Mrs. Lucy Waterman 13 Miss Susan Wesson Ministers^ Wives. 14 Mrs. Eliza Hill Anderson . 456-461 15 Mrs. Sarah Elizabeth R. Peck, 461-462 Widows of Ministers. 16 Mrs. Mary Codman . . . 17 Mrs. Martha Vinal Hooker, 18 Mrs. Lucy Gilpatrick Marsh, 19 Mrs. Sarah Collins Porter . 464-466 466-467 467-470 470-472 XXXI. Epilogue . I Harmony amidst Diversity 473 4 Our Young Saints : 479-483 (a) John Eliot Bowles . 479-480 {b) Guy Richards . . . 480 {c) Frances Elizabeth Murke, 481 484 . . 488-496 484-488 I 2 A Happy Pastorate CHAPTER I. ROXBURY EARLY AND LATER. The first of several churches now in our Commonwealth bearing the name Eliot was planted in Roxbury. The very name takes us back more than two and a half centuries. Notable contrasts are suggested. The wilderness then lying between the northern and southern lines of New England latitude, and stretching three thousand miles west to the Pacific, had not been penetrated by Europeans. Only its Atlantic fringes had been entered at a few points. Savage tribes were sparsely scattered over the broad territory, which remained in primitive rudeness. When John Eliot arrived, only five towns had been incorporated in the Massachusetts colony, and the early period of these feeble, coastwise settle- ments was one of privation and hardship. The first meet- ing house in Roxbury, built of logs, with a thatched roof and clay floor, but without spire, gallery, pew, or plaster, was erected in 1632, and, owing to fear of attack by Indians, all citizens were required to live within half a mile of the same ; and the men were ordered to bring their firearms to church on the Sabbath. Wolves' heads were nailed to the meeting house. Bears and other wild animals were common in the neighborhood. Indeed, more than a century passed before they were exterminated.' At first, there was no physician in ' During one week in September, 1725, not less than twenty bears were killed, it is said, within two miles of Boston. ELIOT MEMORIAL. Roxbury, and some years after the settlement began, a ser- vant was one day (1639) sent into Boston, the adjoining town, for a dentist, and both of them were found days after- ward, beneath the snow, frozen to death. For a long time there were but few physicians in the colony, and no medical associations were formed till near the Revolution, 1776. Now there are over a thousand and five hundred physicians in Boston, and the present population of our city is not, perhaps, far short of the whole number of inhabitants in New England at the Declaration of National Independence. When a municipal charter was granted (1822) the popula- tion of Boston had not reached 44,000 ; now it is over 500,000. At that time, the towns immediately adjoining were all separate communities, and so continued till annexa- tions to the city took place — East Boston in 1836, Roxbury in 1867, Charlestown, Brighton, and West Roxbury in 1873. At the date referred to (1822), there were no good pave- ments. Now we have excellent roads in all directions, while our Franklin Park has ten miles of smoothest highways, and twenty miles of walks. There were no lighted streets at night, no water-works, no telegraphs. The cemeteries of Roxbury were then barely respectable: none in the land are now more attractive than our Forest Hills. The pillory, the stocks, and the whipping-post were banished long ago. Advance in facilities of public conveyance has kept joace with other improvements. At the opening of this nineteenth century there were only a few stage-coaches in the neighborhood. A trip to New York required about a ROXBURY EARLY AND LATER. week's time. Even so late as when the Eliot Church was formed (1834), that journey, by schedule, took forty-one hours, night included. Now it may be accomplished in a little over one-eighth of that time. The fare by stage from Roxbury to Boston was twenty-five cents, and when an hourly was established,' in 1826, twelve and a half cents was the charge. At the date last named there was not a rail- road in the country, and the first passenger railroad — that from Boston to Newton — was not opened till 1834. Thirty years later came the horse car (1866), and after twenty-two years more (1888), the electric car, with fare reduced and speed increased. The existing place of worship, on the same site -as the one where Eliot began his long pastorate, was built in 1740, and is the fifth in succession. The house that stood there previously was riddled by cannon balls during the siege of Boston, and the lawn in front was a camping ground of our troops. The present pastor of the First Church, Dr. De Normandie, is the eleventh in succession.^ ' By Horace King, now ninety-five years of age. ^PASTORS. Thomas Welde. July, 1632. Died in England, March 23, 1661. John Eliot. November 5, 1632. Died in Roxbury, May 20, 1690. Samuel Danforth. September 24, 1650. Died in Roxbury, November 10, 1674. Nehemiali Walter. October 17, 1688. Died in Roxbury, September 17, 1750. Thomas Walter. October 19, 1718. Died in Roxbury, January 10, 1725. Oliver Peabody. November 7, 1750. Died in Roxbury, May 29, 1752. Amos Adams. September 12, 1753. Died in Roxbury, October 5, 1775. Eliphalet Porter. October 2, 1782. Died in Roxbury, December 7, 1833. George Putnam, d.d. July 7, 1830. Died in Roxbury, April 11, 1878. John Graham Brooks. October 10, 1875. Dismissed, April 15, 1882. James De Normandie, d.d. March 14, 1883. ELIOT MEMORIAL. The geographical limits of Roxbury, extending eight miles from east to west and two miles from north to south, remained substantially unchanged for more than two hun- dred years. Besides the First Church, there was no other till the one organized in West Roxbury, 1712, which has had thirteen pastors.' Towards sixty years passed before the third church, that at Jamaica Plain was gathered {lyyoy Though the primitive region about Boston was so rude, the men who first came to these shores had been familiar with the conveniences, culture, and refinement of the mother- country. A fair proportion of them had enjoyed the advan- tagres of her schools and universities. No well informed ' PASTORS. Ebenezer Thayer. November 26, 1712. Died, March 6, 1733. Nathaniel Walter. July 10, 1734. Died, March 11, 1776. Thomas Abbot. September 29, 1773. Dismissed, March 10, 1783. John Bradford. May 30, 1785. Died, January 27, 1825. John Flagg. February 2, 1825. Died, March 14, 1831. George Whitney. June 15, 1831. Dismissed, Februarj', 1836. Theodore Parker. June 21, 1837. Dismissed, February 8, 1846. Dexter Clapp. December 20, 1848. Dismissed, November 23, 1851. Edmund B. Wilson. July 18, 1852. Dismissed, May, 1859. Trowbridge T. Forbush. July i, 1863. Dismissed, May 8, 1868. Augustus Mellen Haskell. May 22, 1870. Dismissed, 1888. Frank Wright Pratt. 1891. Dismissed, 1895. Alfred Rodman Hussey. 1895. Dismissed, 1898. John H. Applebee. June 6, 1899. ^PASTORS. William Gordon, d.d. July 6, 1772. Dismissed, March 17, 1786. Thomas Gray, d.d. March 27, 1793. Died, June i, 1847. George Whitney. February 10, 1836. Died, April 2, 1842. Joseph H. Allen. October 18, 1843. Dismissed, February 21, 1847. Grindall Reynolds, D.D. 1848. Dismissed, 1858. James W. Thompson. 1859. Died, 1881. Charles F. Dole. June, 1879. ROXBURY EARLY AND LATER. person can now reside here without gathering inspiration from the annals of those early times. To settle in a place where there have been no eminent citizens, and hence where there is little or no history, is like pitching one's tabernacle on a broad sand-plain. Whatever the great or good may have or may not have to bequeath by last will and testa- ment, they leave an invaluable legacy, one that may enrich future generations, but which does not go through the pro- bate office. Such influence is second only to that of distin- guished contemporary residents. Roxbury has no gallery of portraits, but her prominent men form landmarks. They are like hills in an attractive landscape. Solomon did well to speak of the hyssop that springeth out of the wall, a low garden plant, but his far-reaching thought was chiefly on cedars that were in Lebanon. Among conspicuous names in the early days of Rox- bury is found that of Dudley. A visitor in our city going from the present Dudley School building down Dudley Street, will pass the site of the Governor Dudley mansion (1636), where stood the late Universalist meeting-house. Thence by Washington Street he will go to our oldest cemetery, at the head of Eustis Street, one of the oldest in New England, and where interments began in 1633. On entering the enclosure, he will soon find the Dudley tomb. There rest the remains of two governors, a chief-justice, and other prominent men who bore that name. Thomas Dudley was an officer in the English army at the siege of Amiens, under Henry of Navarre. He came to the Massachusetts ELIOT MEMORIAL. Colony as Deputy-Governor in 1630, and held either that position or the office of Governor till his death in 1653. He was a man for the times and the place, a man of decided piety, unbending integrity, and ever on the alert for the public welfare. No clamor could make him swerve a hair- breadth. His daughter Anne, wife of Governor Bradstreet, was a noted poet of her day, and it is to be borne in mind that Oliver Wendell Holmes and Richard H. Dana were among her descendants. Joseph, a son of Governor Thomas Dudley, born in Roxbury, 1647, hel<^ successively numerous public offices, including the Chief-Justiceship of Massachu- setts, as well as that of New York, being later Deputy- Governor of the Isle of Wight. He was a member of the British Parliament, the first native of New England to whom that honor was accorded, and at length he became Governor of Massachusetts. His talents were of a high order, and few men of any period or nationality have passed through greater vicissitudes. His son, Paul Dudley, studied law at the Temple in London, and, like his father, held many public offices, becoming Chief-Justice of Massachusetts, a position which he adorned. He was one of the few men in this country who have been elected members of the Royal So- ciety of England. By his will he provided for the annual Dudleian lecture at Harvard College, of which institution he was a graduate. The town of Dudley in this state per- petuates the family name. Other colonial governors, as well as governors of the Commonwealth, have resided here. One who held that ROXBURY EARLY AND LATER. office from 1741 to 1756 was William Shirley, a graduate of Cambridge University, England, who enjoyed the favor of Sir Robert Walpole and the Duke of Newcastle. He pro- jected the famous expedition which captured Louisburg. After serving as Governor of the Bahamas, he returned to Roxbury and died 1771. Increase Sumner, a graduate and afterwards master of our Latin School, became senator, judge, and in 1797 governor of the State. After his last election the oath of office was administered to him on his deathbed, June 7, 1799. Eustis Street takes us to the site of a well known man- sion, that of Governor William Eustis, who was at the Battle of Bunker Hill, and served as surgeon through the war. He discharged various offices — member of Congress, Secretary of War, Minister to Holland — dying while Governor of Massachusetts. He was noted for urbanity and hospitality. Many distinguished men were his guests, among them Gen- eral Lafayette, a companion in arms. Heath Street reminds us of Major-General Heath, who bore the name William, as did his immigrant ancestor who came to this place in 1636. For not less than five genera- tions the homestead remained in the family. John Heath, a descendant, was the first treasurer of the Eliot Church and Society. It was to General Heath that Washington en- trusted the command of West Point after Arnold's treason had been detected, and his division of the army was the last to be disbanded at the close of the Revolutionary War. But we must go to Warren Street to find the residence ELIOT MEMORIAL. of one whose name has numerous local mementos, and is more widely known as a hero of the Revolution than that of any other Roxbury resident. The front of a stone cottage exhibits two tablets with inscriptions as follows : — " On this spot stood the house erected in 1 720 by Joseph Warren, of Boston, remarkable for being the birthplace of General Joseph Warren, his grandson, who was killed at the battle of Bunker Hill, June 17, 1775." '< John Warren, a distinguished phj'sician and anatomist, was also born here. The original mansion being in ruins, this house was built by John C. Warren, m.d., a son of the last named, as a permanent memorial of the spot." General Warren, as patriot, exhibited great activity, guided by prudence, firmness, and fearlessness. Few men in this country, or any other country, would have ventured upon delivering an oration commemorative of the " Boston Massacre " at such a time as March 5, 1775. British officers had threatened that it should cost any man his life who dared to do it. Capacious Old South Church was crowded to its utmost. Two score British officers in uniform occupied front pews or the pulpit stairs. Fully self-possessed and in a firm tone Warren proceeded with his oration, most of the audience applauding. One of the officers on the stairs held up his hand with several bullets in plain sight. Without interruption the speaker dropped a white handkerchief on to the hostile hand. In the battle at Lexington he showed coolness and undaunted bravery. At Bunker Hill, though a major-general, he preferred that Prescott should have ROXBURY EARLY AND LATER. command, while he himself went into the redoubt where he fell. The Pierponts were at one time among the chief fam- ilies of Roxbury. Among descendants in Connecticut were distinguished individuals, as Sarah, daughter of Rev. James Pierpont, of New Haven, who became the wife of Jonathan Edwards ; Rev. John Pierpont, known as poet and preacher in Boston; and Edwards Pierpont, who became United States Minister to the court of St. James. It is not out of place to speak of Gilbert Stuart (born 1756, died 1828), the most distinguished of American portrait-painters, who was here during the War of 18 12. He occupied the large square house which came into the hands of Dr. Robbins, father of the late Rev. Chandler Robbins, d.d. It stands opposite the old Washington Schoolhouse, now occupied by the Munici- pal Court. In my study hangs the portrait of Governor Caleb Strong, by Stuart. The stately Gen. H. A. S. Dearborn, as collector of the port of Boston, Adjutant-General, member of the Massachu- setts Senate and of the National Congress, was for many years a prominent figure in Roxbury. Mount Auburn Cemetery, which took the lead of such beautiful enclosures in our land, was a good deal indebted to his agency and excellent taste, while our Forest Hills Cemetery is still more largely his debtor. General Dearborn in his last years occu- pied a house immediately in the rear of the Eliot Church, though he seldom worshiped with us. Personal courtesies of his, such as almonds and dates which a friend had brought ELIOT MEMORIAL. from Mt. Sinai, and other neighborly kindnesses, are well remembered. He was the second mayor of Roxbury, hold- ing that office from 1847 till the time of his death, 185 1. We have now come to comparatively recent days, and we still confine our retrospect to that portion of Roxbury which was the first to be incorporated municipally with Boston. Hence, nothing is said regarding " The Brook Farm Phalanx " at West Roxbury, which was incorporated, if I mistake not, the same year that I came to the Eliot Church, and where for a time were George Ripley, Thoreau, Curtis, Hawthorne, and other celebrities. In the eastern section of the place there was no more conspicuous citizen than Lucius Manlius Sargent. A man of finer figure or more courtly manners I never met, either at home or in foreign countries. He was an excellent scholar, a poet ; and by lecturing, as well as by vigorous writing, did early good service to the cause of temperance. His effective " Temperance Tales," reachino:, it is said, the one hundred and thirtieth edition, were republished in England, Scotland, Germany, and Aus- tralia. His death, at eighty years of age, occurred in 1867. A member of Mr. Sargent's family worshiped with us, usually bringing one or more of the grandchildren. Another, also a poet and able advocate of temperance, was Mr. Samuel G. Goodrich, known so widely as " Peter Parley," a very gentlemanly and valuable acquaintance, and a singularly entertaining writer. He was the author of one hundred and seventy volumes, of which millions, literally millions, of copies have been sold. So popular were the ROXBURY EARLY AND LATER. genuine books in England that multitudes of a spurious article attributed to " Peter Parley " found currency. The daughter of Mr. Goodrich, a superior young woman, joined the Eliot Church in 1842. Kearsarge Avenue perpetuates the memory of the naval steamer which sank the confederate cruiser Alabama (June 19, 1864), in command of Commodore, afterwards Rear Admiral, John A. Winslow. In honor of that achievement, the avenue on which his house stood received the name it now bears. Roxbury has a name in the missionary world. Samuel Newell, a studious boy in the family of Mr. Ralph Smith, then living at the head of Pynchon Street, received encour- agement from Mr. John A. Lowell, an uncle of James Russell Lowell, and prepared for Harvard College when Dr. N. S. Prentiss was master of our Latin School. He was the first graduate of Harvard who became a missionary of the American Board, embarking for India, February 19, 181 2. With Gordon Hall he engaged at Bombay upon a Marathi New Testament, in 181 7, which, however, was not published until 1826. Dr. Prentiss took great interest in Newell. When the young missionary came to the house of his in- structor for a farewell call, he found a plank extending from the hall door to the doctor's office. Walking across that he made a misstep and planted his foot on the fresh-painted floor. Whenever that floor was re-painted in subsequent years the doctor would not allow the footprint to be oblit- erated. Newell died of cholera, 182 1, and was buried in the ELIOT MEMORIAL. English cemetery at Bombay. In 1853 I searched unsuc- cessfully for his grave. But the Roxbury name most extensively known through the Christian world is that of John Eliot, the Apostle of the Indians. More lives of him and more sketches in volumes of collective biography — between one and two score, some in foreign tongues — have appeared than of any other mis- sionary. Among sundry current inaccuracies relating to Eliot are these : for example, that he devoted himself almost exclusively to the Indians, and that they were of the Iro- quois group ; whereas for more than half a century Eliot was a faithful pastor of the First Church ; and the Red Men for whom he labored were quite distinct from the Six Nations. That so early in the wilderness days of New England he should, from no human suggestion, master a barbarous language, one of the most difficult then known, reduce the same to writing, and introduce into it the sixty-six books of our Sacred Scriptures ; that his philanthropic labor among savage tribes, and his preaching in their uncouth ton2:ue should result in numerous christianized settlements known as " Praying Towns," and this while he ministered to a growing congregation of intelligent English people, has no parallel in the history of sixteen hundred years. His first sermon to the natives was the first Protestant sermon in any North American language ; and his Indian Bible the first printed in this new world. A perfect sample of the book now commands not less than one thousand dollars. At the end of his Indian Grammar is found the noteworthy sen- ROXBURY EARLY AND LATER. 13 tence, " Prayer and pains, through faith in Christ Jesus, will do anything." " Welcome joy ! " were Eliot's last words at the age of eighty-six, May 20, 1690. Robert Southey pro- nounced him " One of the most remarkable men of any country." CHAPTER II. LOCAL ORTHODOXY AND LIBERALISM. The Eliot Church was organized about the time (1834) that the Unitarian controversy in Massachusetts culminated. Universalism was also then becoming more aggressive, and taking an organized form. Germs of the noteworthy de- velopment of liberalism, so called, had existed for a long time. The preaching of Whitfield and other earnest evan- gelical men, the writings of Edwards, Bellamy, the Tenants, and men of kindred spirit, the Great Awakening, and later revivals served for a time to check development. But after our war of the Revolution, amidst the spread of French infidelity, and amidst the decay of religion, such as usually attends or follows war, the leaven of Arianism and Socini- anism, which had been introduced as early as the middle of the eighteenth century, worked with less restraint. It was, however, many years before public avowal became at all common in Boston or elsewhere in the Commonwealth. Silence regarding distinctive evangelical truths, the usual early policy of errorists was, for the most part, maintained in the pulpit. The first church this side of the Atlantic to take a formal stand on the Unitarian basis was the earliest Episcopal church in New England, King's Chapel, now Stone Chapel, Boston. That occurred in 1 785. James Freeman, grandfather of the late James Freeman Clarke, LOCAL ORTHODOXY AND LIBERALISM. 1 5 had explicitly avowed Unitarianism, and, in the absence of sufficient outside sympathy, he received ordination at the hands of the Vestry. The transition of the First Church, Roxbury, from its Calvinistic attitude to Liberal- ism appears to have taken place at the close of the eighteenth century and the first years of the nineteenth. The convention sermon, by Dr. Eliphalet Porter, pastor of that church, was among the earlier public disclosures of a change which had been quietly going on in this neighborhood. Meanwhile, a spiritual quickening became manifest among our churches, from 1797 onward. Evangelical Christians began to arouse. Religious interests, both local and remote, were taking a deeper hold of men's hearts, and were leading to combined efforts. Missionary societies, Bible societies, as well as magazines for promoting such institutions and a higher spiritual life, were started. Re- striction upon the previous indiscriminate exchange of pul- pits commenced. The frank and decided stand taken by Dr. John Codman in accepting a call to the Second Church, Dorchester, which was organized January i, 1808, entitled him to a grateful and enduring veneration. He made known seasonably and in written form his religious beliefs. So fully was it done that no one could mistake his position regarding the doctrines of grace, some of which had begun to be publicly controverted. " I have made this communi- cation, my dear Christian friends and brethren," he declared, " to prevent any misunderstanding between us ; I wish you l6 ELIOT MEMORIAL. to know the sentiments of the man you have chosen to be your pastor." The parish in their written reply stated that his communication was received " with pleasure and general satisfaction." At the time of Dr. Codman's installation it was therefore perfectly understood what were his reli- gious views. Dr. Channing preached the ordination ser- mon, an excellent and not unevangelical discourse. Because of " multitudes perishing in their sins," he would " direct men to the cross," to " the Son of God expiring, a victim on the cross ; " he spoke of " a world of sinners perishing with the most loathsome diseases," of "heaven gladdened by the tidings that a sinner has repented," and of its being possible that a minister might " die self-deceived, and, with those whom he has helped to destroy, hear the words, ' Depart with them far from me into everlasting fire.' ' O scene of agony ! ' " The same year (1808) Andover Theological Seminary, an obvious need and designed expressly to be a bulwark of the evangelical faith, was opened. The next twelve- month saw Park Street Church, Boston, constituted, and on the avowed basis of a " decided attachment to that system of the Christian religion which is distinguishingly denominated evangelical, more particularly to those doc- trines which in the proper sense are styled doctrines of grace." Such distinctive declarations and ecclesiastical pro- ceedings administered a rebuke to defection from the faith once delivered to the saints. The cry of " schism," LOCAL ORTHODOXY AND LIBERALISM. 1 7 " exclusiveness," " illiberality," " bigotry," was awakened. Another year goes by and the American Board of Missions was formed (1810); but neither among its original corpo- rators nor during the first fourscore years of its history was any known Liberal or apologist for Liberalism elected to membership. Our pioneer foreign missionaries, Hall and Nott, had hardly arrived at Bombay (181 3), and sent to Sir Evan Nepean, the Governor, a remonstrance against their being ordered out of India and compelled to embark for England, when there appeared in London an ordinary book, Belsham's Memoir of Lindsey, in the usual course of publication. It attracted little attention in England. But a pamphlet made up wholly of extracts from the book came not long after from the press here in Boston. The extracts were taken from letters of ministers this side the ocean to their friends in the mother country. These served to present a view of " The Progress and Present State of the Unitarian Churches in America." Never did a quiet little production lead to more stirring results. Whatever may have been the motives and policy of previous comparative silence here at home, this refluent wave from England proved the precursor of a high tide of excitement. A reve- lation was made. Earnest discussion began in the pulpit, in the periodical press, and in pamphlet form. Vehemence of debate did not always duly respect the demands of Christian courtesy. It was both amusing and painful then, as it has been since, to note opprobrious charges made by Liberals against the Orthodox. Even a leader so eminent, ELIOT MEMORIAL. SO revered and idolized as Dr. Channing could sometimes indulge in reprehensible language. Eighteen hundred and fifteen found him so far advanced from 1808, at Dorchester, on the down grade as to impute a grave delinquency' to Jeremiah Evarts, who, on the score of sterling character, balanced self-possession, and candor, was inferior to no man in the community. Did the controversial writings of that period contain a more unfounded statement than this, " He [the learner] is told to listen to Christ ; but told that he will be damned if he receives any lessons but such as are taught in the creeds."^ His party did not then, and still less does the denomination now, regard Dr. Channing as a theologian, properly so called. Without having a very well-defined sys- tem he appears to have been an Arian.^ It would seem that some who were equally or yet farther removed from the orthodox position continued to fail of avowing frankly where they did stand." The existing generation is less familiar with the re- ligious history of this neighborhood during the first half of ■ " It is a feeling as if I were degrading myself by noticing the false and injurious charges contained in this review." Letter to Rev. Samuel C. Thatcher. 2 Remarks on Creeds, Intolerance and Exclusion. ^ " Dr. Channing was in doctrine an Arian, believing in the pre-existence of Christ, and assigning an efficacy to his death over and above its moral influence." Dr. Wm. Ware in American Unitarian Biography. * " There was, I fear, a good deal of intellectual and social cowardice, a good deal of shameful silence and verbal ingenuity, if haply the reproach of believing such good things of God as those of the Universalists, might not come upon the Unitarians, or be taken away." Chadwick's Old and New Unitarian Belief. LOCAL ORTHODOXY AND LIBERALISM. I9 the present century than with its civil history in the second half of the last century. Lexington, Bunker Hill and the Siege of Boston have ample place in our school books. The condition of things at that period, especially in Eastern Massachusetts, cannot be understood, nor will be even imagined without a glance at two conspicuous events. Neither does charity require nor do truth and honor allow silence here. Instead, however, of an adequate statement, the merest epitome is all that present space will allow. Of the two events having special significance in the revolu- tion then taking place, one was the capture of Harvard Col- lege by the Liberals, as they were pleased to call themselves. The atmosphere of that institution from being Calvinistic had become Arminian, and a religious lukewarmness verg- ing upon indifference prevailed. The President and some of the Faculty sympathized with anti-trinitarianism. In 1805 Dr. Henry Ware took his seat as Hollis professor of divinity in the College. It was well known that he had sided with the Liberal wing. But no attempt had been made for a year to fill the chair which by the death of his predecessor became vacant, till two deaths of evangelical members of the corporation gave opportunity to fill their place with Liberals. Strenuous opposition to Dr. Ware's appointment was naturally made. All knew well that the College had been established and previously maintained in the interests of Puritanism. The chair of theology was founded (1723) by Thomas Hollis, the occupant being required to " Profess and teach the principles of the Chris- 20 ELIOT MEMORIAL. tian religion according to the well-known confession of faith drawn up by the synod of churches in New England." The governing authorities have probably never had a more embarrassing problem before them than the task of making that transfer to Unitarianism appear to have been an honor- able transaction. The other event, noteworthy for certain exasperating results, was the famous Dedham case. Upon the first elec- tion of a Unitarian minister at Dedham a majority of the church members withdrew, retaining naturally the church records, communion furniture and whatever pertained to them rightfully as a church. The Supreme Court of Massa- chusetts decided (1820) that " When a majority of the mem- bers of a Congregational church separate from the majority of the parish, the members who remain, although a minority, constitute the Church in such parish, and retain the rights and property belonging thereto." The view taken of this by multitudes of right-minded, well-informed men in New England was that flagrant injustice had been committed. Among pertinent, vital facts are the following : From the outset of colonial times the church had been regarded and treated as an independent body in admitting and dismissing its members, electing its officers and controlling such prop- erty as belonged to itself. The church always chose its pastor, never admitting a right in the parish to impose a pastor upon the church. The earliest church of the Pilgrims was organized before they set foot on Plymouth Rock. The church in Rowley came as a corporate body from Yorkshire, LOCAL ORTHODOXY AND LIBERALISM. England. The first church in Dorchester came similarly constituted to the Massachusetts colony, and afterwards removed to Connecticut. At the time there was no parish in connection with any one of these. Not till many years after settlements in New England began did parishes come into existence here. " Through all this period the churches not only chose their own ministers, but contracted with them and supported them. They built and owned the first meeting houses and had the power of levying and collecting money for this object." ' More than twenty years elapsed before parochial power was given to the towns. (1652) The First Church in Boston, for example — gathered in 1630 — for nearly a century "was alone concerned in fixing the minister's salary, and making all pecuniary appropria- tions." ^ At one period (i 631-1664) there existed the require- ment of church membership as a qualification for citizenship and hence for civil office. That unwise theocratic experi- ment, however, gave place to a more appropriate arrange- ment. But among facts fundamental from first to last are these be it said once more : Congregational churches had existence separate from congregations, parishes, precincts or towns ; by common consent, common law, and at length by statute they had sole right of internal administration, includ- ing the right to elect their own pastor, and to hold property given for church purposes. Those rights they never volun- ' Quoted in Clark's Congregational Churches in Massachusetts^ pp. 326-27. * Emerson's History of the First Church. ELIOT MEMORIAL. tarily surrendered, nor could they lose them except by usur- pation from without. And yet referring to the earliest New England period, Chief Justice Parker affirmed, " Without doubt the whole assembly were considered the church." Whereas without doubt they were not so considered, unless they — as in a few instances — entered publicly and ex- pressly into covenant relations. Very seldom did they start in that way. The First Church in the Massachusetts Colony, that in Salem, numbered at the outset only thirty communicants, while the congregation, out of which the covenanting body was gathered, consisted of three hundred and fifty persons. But Chief Justice Parker, apparently ignorant of such facts, declared in the Dedham decision, that " A church cannot subsist without some religious com- munity to which it is attached. Such has been the under- standing of the people of New England from the foundation of the colonies." No voluntary action of the churches ever surrendered their independence so far as concerns the election and dis- mission of their pastors, the ownership of their records and communion furniture; nor had any civil authority claimed or attempted to exercise a right to disenfranchise churches, and to make their very existence a mere annex to a parish. A formal act of incorporation has not always been required to give corporate capacity to a body of men. Under com- mon law, which is general custom, churches possessed the right and exercised the privilege of holding certain species of property, and were thus recognized as corporate bodies. LOCAL ORTHODOXY AND LIBERALISM. 23 " And 3^et the only circumstance " — so declared the Chief Justice — "which gives a church any legal character is its connection with some regularly constituted Society ; " " As to all civil purposes, the secession of a whole church from the parish would be an extinction of the church." The obvious injustice of the Dedham decision produced a widespread shock, a shock not confined to religious com- munities immediately concerned. Disinterested men of acknowledged eminence at the bar and on the bench shared in the prevalent surprise and criticism. " In a letter from one of the judges of Maine, received in the year 1829, the writer says, ' The Dedham case was a bold stroke. It astonished me. I first saw it merely touched upon in a Boston newspaper ; and in a letter to one of the judges I asked whether the statement in the newspaper could be correct. I told him that I hoped not ; for if correct it seemed to me a declaration of war against all evangelical churches.' " In a letter from a distinguished lawyer in the eastern part of Massachusetts the same year, referring to the Ded- ham case, the writer says : " This strange and unexpected decision, which has shocked the plain sense of good men wherever it has been known, has never been well received or acquiesced in by the bar, or by intelligent lawyers of the Commonwealth. The doctrine by which the decision is attempted to be supported appears to us not less novel, strange and untenable, than the decision itself, and we regard both doctrine and decision in the light of mere 24 ELIOT MEMORIAL. assumption, or — what is quite as offensive — of judicial lesfislation." Before the Dedham decision there had been cases of Hke grievous character. For example, in Sandwich the parish by a vote of eighty-three to eighty declared the evan- gelical pastor dismissed, and he was prevented by force from entering the pulpit. Only one-tenth of the church members adhered to the Unitarian parish. The church embracing nine-tenths of the body when their pastor was ejected, was afterwards compelled to surrender their communion furni- ture and all monies in the hands of the deacons. What was deemed virtual spoliation, though having a form of legal sanction, now (1820) went on unobstructed. Not less than eighty-one churches might be enumerated, which, on the basis of evangelical belief, either withdrew or were driven from parishes that introduced a liberal ministry. Their communion furniture and all other property distinctively their own, as well as property of which they were joint owners, had to be surrendered to the Unitarian parish. In some instances the means employed for ejecting an Ortho- dox minister and driving his adherents into exile, were as far removed as can well be conceived from anything reputa- ble. Men who had not been inside the meeting-house for years were induced to come and vote against Orthodoxy. Ardent spirits and kindred inducements were said to be here and there employed.' There were cases not a few in which special incongruity would seem laughable, but for the ' Clark's Congregational Churches. 300-304. LOCAL ORTHODOXY AND LIBERALISM. 25 gravity of inhering injustice. For instance, in Ashley, the church embracing one hundred and one of the members, being unwilling: to sit under Unitarian ministrations, with- drew from the parish. One male member, ninety years of age, and eight females remained with the parish, and under decisions of the court were entitled to the name property, and all rights of the church. It is gratifying to be able to say that such proceedings as have been referred to would probably not now be repeated, whatever occasion might arise. It remains true, however, that the party, to which numerical and pecuniary benefits inured, has never repudiated the process. They generally find it convenient to say but little about the merits of the original decision and of others based upon it. It is only an occasional instance of rare candor on the subject that we meet with. It should be added that many other parishes, as well as minorities of the eighty-one churches particularly referred to, joined the Unitarian ranks. But during the period of early discussion and embar- rassing ecclesiastical changes (1810-1835), there was a re- markable and most gratifying development of evangelical energy. The loss of so many places of worship with their hallowed associations, and the loss of so much other prop- erty, accompanied by a stinging sense of wrong, roused a spirit of sacrifice. Not for over a century had there been such recognition of religious kinship, or such vigorous coop- eration for the maintenance of evangelical truth. While at one time there was only a single church in Boston resting 26 ELIOT MEMORIAL. on the old foundations of belief, by the year 1828 there were eight such. Far more churches were formed and more church buildings erected during that than during any other equal period in New England history. The evangelicals organized or re-organized one hundred and ninety-three churches, and built an equal number of places of worship. The disruption of the Scottish church, which took place not far from the end of those twenty-five years, had points of analogy. CHAPTER III. PRELIMINARIES AND ORGANIZATION. The doctrinal discussion centering for years chiefly in Eastern Massachusetts clarified our religious atmosphere. Lines of denominational latitude were defined. A spirit of evangelistic enterprise was awakened. The Orthodox were aroused to the requirements of church extension, and the conviction was more firmly settled that the precious faith which had been passing through a fiery trial was worthy of strenuous self-sacrifice. An outward current of population from Boston directed attention to suburban needs, and in no quarter immediately connected with the city was that current stronger than on the Roxbury side. The attractions were obvious. Connection by land, with- out bridge or ferry, had for one thing an advantage. Here, too, were more elevation and variety of surface, more eligi- ble sites for building and landscape-gardening purposes. It was a natural result that in the second and third decades of the present century churches should begin to multiply in this neighborhood. The first pastor of the Universalist Society was installed in 182 1.' An evangelical brotherhood, 'pastors. Hosea Ballou, 2d., D.D. July 26, 1821. Resigned, April 28, 1838. Asher Moore. January, 1839. Resigned, 1840. Cyrus H. Fay. January, 1841. Resigned, March 26, 1849. William H. Ryder, d.d. November, 1849. Resigned, January, 1859. 28 ELIOT MEMORIAL. the present Dudley Street Baptist Church, received in 1822 the first of its series of pastors.' Some years before this Dr. Ebenezer Burgess of Dedham walked the streets of Rox- bury in company with Rev. Samuel Greene of Boston, in consultation regarding the practicability of an evangelical church here. Ten years later (May 13, 1832) came the St. James' Episcopal Church with fourteen members.^ Simul- taneously a movement began which resulted in the forma- tion of the Eliot Church. At that period a lively church fellowship existed, and conference was usually sought with reference to the expediency and location of new churches. A few Roxbury gentlemen met in the Cowper Committee J. G. Bartholomew, d.d. July 19, i860. Resigned, January i, 1866. Adoniram J. Patterson, d.d. September, 1866. Resigned, June i, 1888. Everett L. Rexford. June i, 1888. Resigned, December i, 1894. Frederick W. Hamilton. September i, 1895. 'pastors. Joseph Eliot. April 10, 1822. Resigned, June 24, 1824. William Leverett. January 20, 1825. Resigned, July, 1839. Thomas Ford Caldicott, d.d. June, 1840. Resigned, April 8, 1848. Thomas Davis Anderson, d.d. June, 1848. Resigned, October, 1861. Henry Melville King, d.d. April 12, 1863. Resigned, December 20, 188 1.. John Mahan English. March, 1882. Resigned, August 22, 1882. Albert Knight Potter, d.d. February, 1883. Resigned, September 13, 1886.. Thomas Dixon, Jr. December i, 1887. Resigned, April 16, 1889. Adolph S. Gumbart, d.d. January, 1890. Died, March 19, 1899. W. W. Bustard. January 18, 1900. Mark Anthony DeWolfe Howe. January i, 1833. Resigned, January i, 1847. John Wayland, d.d. January i, 1847. Resigned, January i, 1859. George Sherman Converse. June i, 1859. Resigned, June i, 1871. Percy Browne. January i, 1872. PRELIMINARIES AND ORGANIZATION. 29 Room, November 20, 1833, with others residing in Boston, for consultation and action having reference to a place of public worship for Congregationalists living here.' A reso- lution was unanimously adopted to purchase a lot of land and erect thereon a house for the purpose named. Meas- ures were at once taken to establish lectures by neighboring evangelical clergymen Sunday and Thursday evenings, and these were attended by a small yet constantly increasing number. The first service with preaching was held Decem- ber 29, 1833. Drs. N. Adams, L. Beecher, Blagden, Bur- gess, Codman, S. E. Dwight, Jenks and Winslow were prominent among those who encouraged the movement by personal ministration. The place of gathering was the upper hall of Spear's Academy, a stone building,^ next to which our permanent place of worship was afterwards built. The next May, at a meeting held in the Old South Chapel, ' Sirs : — You are invited to attend a meeting of gentlemen at the Cowper Committee Room on Wednesday evening, November 20th (this evening), at 7 o'clock, to consider the expediency of aiding the friends of evangelical truth in Roxbury in establishing an Evangelical Congregational Church and Society in that village, and to take such measures relative to the subject as the meeting may deem expedient. John Doggett. Pliny Cutler. Geo. W. Blagden. Charles Scudder. Henry Hill. Daniel Noyes. Dr. Burgess came from Dedham to attend that meeting. 2 Later the hall was bought by the city, and having been remodelled, was occupied by the Dudley School, and yet later by the Girls' High School. The brick addition in front was put up afterwards. 3° ELIOT MEMORIAL. a subscription was opened with reference to raising twelve thousand dollars toward the erection of a house of worship. Meetings for business and devotional exercises were also held in Roxbury. Entire unanimity existed, and the move- ment toward organizing a Congregational Church matured rapidly. No one was more indefatigable or more free in giving time and money to the enterprise than Mr. Alvah Kittredge. This was done in an unobtrusive way. He was a man of few words and no noise. He had the rare tact of keeping to work quietly and efficiently, without making demonstration of himself and without occasioning friction. An ecclesiastical council met in the hall before men- tioned, September i8, 1834. In addition to those specially invited Drs. Rufus Anderson and B. B. Wisner of Boston were present ; also Rev. Andrew Reed, d.d., of London, and Rev. James Matheson, d.d., of Durham, England, who were then visiting American churches as a deputation from the Congregational Union of England and Wales. Dr. John Codman of Dorchester was chosen moderatoi . The Articles of Faith and the Covenant which had been adopted were laid before the Council and approved. The examination and ordination of Mr. Jacob Abbott as an evan- gelist— being named in the letter missive — formed a part of the proceedings. The examination of the candidate, however, was not at first deemed satisfactory. In the pub- lished Report of the English Deputation,' Dr. Reed says : ^Narrative of the Visit to the American Churches by the Deputation^ etc. Two Vols. London, 1835. Vol. I, p. 455. PRELIMINARIES AND ORGANIZATION. 3 1 " The deliberations of the Council continued some time ; but they were confidential. There was a want of una- nimity ; and it was therefore thought advisable to see Mr. Abbott again. The examinations were renewed, and ex- planations were candidly given. The candidate was then requested to retire, and a vote was taken ' that the Council do proceed to the ordination of Mr. Jacob Abbott. On the evening of the same day public exercises were held in the Baptist Church. An introductory address was given by Dr. Burgess of Dedham ; the prayer of consecra- tion was offered by Dr. Codman ; and the Rev. Mr. Win- slow presented the right-hand of fellowship. Dr. Nathaniel S. Prentiss having been previously designated to receive the same in behalf of the church. Of the fifty-one constituent members forty-five brought letters from twenty different churches, the largest number from any one being ten from that of Bowdoin Street, Boston. A Baptist Church was among those which contributed to the original membership. Six were received on their first public confession of faith. Three-fifths of the whole were women. Of the brethren two were ministers and two physicians. Only one, Mr. John Heath, was a native of Roxbury, and for many years the accessions were chiefly from the newer and transplanted population of the place. In no sense and to no extent was this an offshoot, as has been reported, from the First Church. The next evening after those public services, Friday, the nineteenth of September, 1834, was held the first assem- 32 ELIOT MEMORIAL. blage of this newly-organized brotherhood for devotional exercises, which have since been continued uniformly on that week-day evening for more than sixty years. Kenil- worth being the name of the street on which the new organ- ization commenced worship, the good people did not care to take that designation ; Scott's novel, " Kenilworth," was then much read.' The First Church, Roxbury, belonged to a different category; hence the new enterprise could not suitably be called the Second Church ; and so it assumed the name Eliot. Roxbury never had a citizen more worthy of being thus commemorated, though the usage of designating a church of Christ by the name of any man, however distinguished, is not in accord with the best Chris- tian taste. Mr. Andrew S. March heads the list of very competent clerks of the church," having been chosen at the first meet- ing, and not long afterward Mr. John Heath was elected treasurer. ' Kenilworth Castle, as is well known, was given by Queen Elizabeth to Robert Dudley, Earl of Leicester, her ambitious and noted, not to say notorious, favorite. Dudley was one of the most conspicuous names in the early history of Roxbury and of Massachusetts. In 1820 Col. Joseph Dudley of Roxbury laid claim to a Dudley peerage, and sent an agent to England with documents sus- taining the claim, but without success. ^CHURCH CLERKS. Andrew S. March. September 23, 1834. Resigned, January 27, 185 1. Henry Davenport. January 27, 1851. Resigned, January 25, 1870. Ebenezer W. Bumstead. January 25, 1870. Resigned, January 29, 1897. James S. Barrows. January 29, 1897. PRELIMINARIES AND ORGANIZATION. 33 Our excellent corps of deacons' begins with the names of William G. Lambert and Alvah Kittredge, whose election occurred two months subsequent to organization. With the exception of not having an installed pastor, the church was thus fully equipped for service and growth. Although the members came from various quarters and had but little previous acquaintance with one another, great harmony prevailed. A spirit of enterprise and a cheerful effort in behalf of the common weal reiened throughout the ranks of these confederated volunteers. As there can be but one period of youth for an individual, so with a community. The peculiar freshness and ardor of feeling on the part of such a band engaged in a noble yet arduous undertaking cannot be expected to continue with- out abatement when success has been achieved. I DEACONS. William G. Lambert. November 6, 1834. Resigned, March 12, 1841. Alvah Kittredge. November 6, 1834. Died, 1876. Henry Hill. January 18, 1839. Resigned, June 13, 1845. Andrew S. March. December 5, 1845. Resigned, September 5, 1851. Henry Hill. May 3, 1850. Resigned, April 3, 1857. William W. Davenport. June 24, 1853. Resigned, May 7, 1858. Edward B. Huntington. December 12, 1856. Resigned, August 11, 1871. Moses Henry Day. December 18, 1857. Resigned, February 8, 1867, Lucius H. Briggs. December 20, 1861. Died, April 17, 1889. J. Russell Bradford. February 8, 1867. Died, March 12, 1885. Charles W. Hill. April 22, 1870. Died, November 17, 1896. William F. Day. January 2, 1874. Resigned, April 5, 1877. Timothy Smith. November 3, 1876. Andrew Marshall. November 3, 1876. Died, April 2, 1883. Alpine McLean. November 2, 1883. Frederick C. Russell. March 4, 1887. William F. Day. March 4, 1887 ; September 15, 1896. Died, March 8, 1899. Clarence T. Mooar. March 5, 1897. CHAPTER IV. FIRST PASTORAL SETTLEMENT. An early question with every newly-organized church is, Whom shall we have for our pastor ? Mr. Jacob Abbott, having resigned his professorship in Amherst College and having removed to Roxbury, was active in a movement for establishing the Eliot Church. His ordination by the council which organized the Church was with the express understanding that he would not come into any official relation to the same. For the first three months of service in supplying the pulpit he was paid one hundred and twenty- five dollars and at the same rate for the remaining period, which closed at the middle of February the next year, 1835. Two months later the Rev. William M. Rogers of Town- send received the first invitation to become pastor here. There was as yet no incorporated ecclesiastical society, but the congregation concurred unanimously in the choice. Mr. Rogers, however, declined the call. Another three months went by when a younger brother of Mr. Jacob Abbott, the Rev. John Stephen Cabot Abbott, who had for five years ministered to the Calvinistic Church, now Central Church, Worcester, was invited to take the leadership of the Eliot brotherhood. Meanwhile this Church had assisted in the installation of Mr. William M. Rogers as pastor of what was then Franklin Street Church, Boston ; and now he was FIRST PASTORAL SETTLEMENT. 35 present (November, 1835) on the council which installed Mr. Abbott. Dr. Codman presided, Dr. Albro acting as scribe, and Deacon Charles Stoddard as assistant scribe. The dedication of the new house of worship took place on the same occasion. Mr. Abbott's first sermon after instal- lation was from Genesis 28: 17, " This is none other but the house of God." Only twenty-one additions to the original constituent membership had been made before the first dismission occurred, that of Mr, and Mrs. Josiah H. Hammond, Jan- uary 19, 1836. Death also began to invade our ranks. Mrs. Mary J. Bowman was the first to be thus removed. She had been received in May, 1837, and her four children were baptized. Being confined to her bed by sickness she re- ceived the Lord's Supper at her private dwelling, and just a month after that she found herself where symbols are no longer needed. During the five years' ministry of Mr. J. S. C. Abbott the Church received accessions to the number of one hundred and fifty-one, eighty-nine of these being by let- ter. At the time of his settlement the salary was one thou- sand dollars ; the next year it was raised to twelve hundred dollars, and in 1837 to fourteen hundred. Mr. Abbott ten- dered his resignation June 2, 1840, but upon request of the people, withdrew the communication. After six months, however, the resignation of office was renewed and accepted. The farewell sermon was preached December 20. January 13, 1 84 1, a Council confirmed the proceeding. At the time of his settlement in Roxbury Mr. Abbott ;^6 ELIOT MEMORIAL. was thirty years of age, having been born in Brunswick, Me., September 15, 1805. He graduated from Bowdoin College, 1825, and after studying at the Andover Theological Sem- inary, was ordained in 1830. On leaving Roxbury he had a short ministry at Nantucket; but for the next seven years was associated with his brothers, Messrs. Jacob and Gorham D. Abbott, in conducting an institution for young ladies in New York City. Thereafter he devoted himself to literary labor. Before coming to Boston Mr. Abbott had written " The Mother at Home " and " The Child at Home." Later works from his pen were chiefly historical, as follows : — " Kings and Queens : or Life in the Palace." " The French Revolution of 1 789." " The History of Napoleon Bonaparte." (2 Vols.) "The History of Napoleon IH." Ten Volumes of illustrated histories. "A History of the Civil War in America." (2 Vols.) " Romance of Spanish History." " The History of Frederick the Second ; called Freder- ick the Great." Some of these were translated into European lan- guages. Mr. Abbott died at Fairhaven, Connecticut, 1877. CHAPTER V. SECOND SETTLEMENT. After Mr. J. S. C. Abbott's retirement from Roxbury there was an interregnum of a year and a half. Numerous preachers — some of them to the number of forty as candi- dates, and some not as candidates — occupied the pulpit. An extended period of that sort is seldom of much general profit to the people, and this instance formed no ex- ception. I have been requested to give a detailed account of the second settlement. Of the circumstances which led to it I can give no account. It should be stated that while an under-graduate theological student I came to the conclusion that if the Head of the church had called me to the Chris- tian ministry he would as surely point out his choice of a field, and that it was not for me to seek or knowingly per- mit friends to seek any particular pulpit for me. When the invitation from Roxbury came I was entirely ignorant in regard to the place, its condition and its people. All that I had ever learned about the town was that there were forti- fications here in the war-time of the Revolution. I had never made the acquaintance of any one living within a hun- dred miles of Roxbury, and it was years before even a conjectured clue to the circumstances of my being invited came to light. In response to a request through Rev. David 38 ELIOT MEMORIAL. Greene, Home Secretary of the American Board of Mis- sions, and Chairman of the committee of supply, that I should preach here three successive Sabbaths, I came to Boston in the early Summer of 1842. Mr. Greene met me at the Railroad Station in Boston and took me to his house on Cedar Street in Roxbury. Mrs. Evarts, the widow of Jeremiah Evarts, and mother of Mrs. Greene as well as of her distinguished brother, William M. Evarts, was then in the family. Her matronly presence, her striking features, her keen black eye, her fine conversational power remain in memory with great distinctness. So do all the members, parents and children, of that well ordered and delightful household. Having only a few sermons on hand I wrote one each week of the fortnight spent in Roxbury, preaching them while here, and then returned to Northampton, where I was staying at that time. Two of the Sabbaths then spent here were the first two of June ; and as soon as prac- ticable the Church and Society joined in unanimously in- viting me to become their pastor. Messrs. Henry Hill, Alvah Kittredge and Hon. Samuel H. Walley, Jr., were deputed to convey the invitation and to confer personally with me at Northampton. A few days later my written acceptance of the call was sent to Roxbury. In the mean- time, a similar invitation from a church in the Connecticut River valley was handed me, and there were strong local inducements to accept the same. One reason for declining it was the simple fact of priority on the part of the other in- vitation. What the relative amount of salary was I do SECOND SETTLEMENT. 39 not remember. At a yet earlier date a request had come from the church in my native place. That was contrary to my avowed wishes, which had been made known with frankness and decision. The circumstances that this invitation pro- ceeded from revered associates of my parents as well as from my own early schoolmates, was a sufficient reason for declining the post of spiritual instructor and guide amidst such acquaintances of early life. Arrangements regarding the council and ordination services at Roxbury were left entirely in the hands of the committee. My being such a stranger in that part of Mas- sachusetts was reason enough for this. The practice of stated pastoral vacations had not then come to be so com- mon as it now is. After my acceptance of the call, the ecclesiastical society voted an annual vacation of four weeks, which was sufficient, and the more gratifying because it was done spontaneously. At that time the annual exodus of Summer visitors to the mountains and other rural resorts, as well as to the sea- side, had hardly begun, otherwise the formal induction to office would not have occurred in dog-days. It was assigned to the 27th of July. Examination by the council was somewhat prolonged, and as it seemed to me very thorough. I could wish that acquaintance with a candidate's religious views might never be sought with less scrutiny. It was not then the custom, as is now the case, to call for a written statement of one's theological position. The examination occupied the greater 40 ELIOT MEMORIAL. part of the afternoon, public services coming in the evening. Dr. John Codman of Dorchester presided. The invocation was by Rev. Mr. Marsh, pastor of the Spring Street Church, West Roxbury, which was organized the same year as the Eliot Church.' My brother, Professor William Thompson, preached the sermon. Of the other services two are dis- tinctly recalled by me, one of them the right hand of fellow- ship given by Dr. N. Adams in his peculiarly happy manner, easy, fraternal, cordial, with no tinge of the merely pro- fessional or perfunctory. It drew my heart to him and my warm expectant regard for those whom he represented. Among his appropriate sayings I remember a reference to the Rev. Daniel Crosby of Charlestown, then just deceased, a man greatly respected and beloved : — " Others may hail the rising sun, I bow to him whose course is run." The other service which deeply impressed me was the ordaining prayer by Dr. Burgess of Dedham, in the course of which he employed successive clauses, beginning, " We set him apart," and "from the halls of legislation" was appro- priately one of them. The pressure on my head of his hand and the hands of other revered divines as I kneeled by them ' PASTORS. Christopher Marsh. May 17, 1837. December 11, 1850. Thomas Laurie, d.d. May 7, 1851. January 30, 1868. William S. Hubbell. January 30, 1868. January 25, 1872. Edward Strong, d.d. May 2, 1872. July 13, 1882. Clarence A. Beckwith. November 21, 1882. March 15, 1892. Frank W. Merrick. May 11, 1893. SECOND SETTLEMENT. 4I in the pulpit and listened to the solemn words of consecrat- ing prayer, can never be forgotten. Indeed for many weeks, and especially amidst ministerial duties, there seemed to be a distinct sensation that the hair had not risen from be- neath those venerable hands. Dr. Burgess felt a peculiar interest in the formation of this church ; had contributed pecuniarily to its growth ; but had no thought that the " hands of the Presbytery " were being laid on the head of one who, some thirty years later, would become his son-in- law. It is a coincidence not unworthy of mention that by the courtesy of the Eliot Society my family have unwit- tingly occupied the pew which was originally owned by him. At the close of the service Dr. Codman shook hands with me most cordially and said, " Make use of my library." He had an unusually large and valuable collection of books. I never availed of his offer, nor ever forgot the kindness of that hour, a kindness that continued without interruption till the last hour of his life. Between the organization of the Eliot Church and the second installation of a pastor, 1842, there had been no very marked general developments in the religious condition of Boston and its vicinage. Individual occurrences, however, of considerable significance took place. Emerson's noted sermon before the Cambridge Divinity School was delivered in 1838. The next year came Professor Andrews Norton's address on " The Latest Form of Infidelity." Theodore Parker, who was settled at West Roxbury in 1837, preached his famous South Boston discourse in 1841, the subject 42 ELIOT MEMORIAL. being the transient and permanent in Christianity. That may be accepted as inaugurating the era of a form of bald infidelity in these parts. But its progress was slow. It scarcely touched the Eliot congregation. The good people of our congregation did not desire combativeness in the pul- pit, and as little did they desire avoidance of the great dis- tinctive facts and truths of evangelical Christianity. Opiate divinity had no charm for them. It was far from my thought to play the role of belligerency ; I do not recollect ever to have referred publicly and by name to Unitarians or Universalists ; but it was soon perfectly understood what position the young pastor held. Fill the bushel with wheat, and chaff will have small chance. CHAPTER VI. THE PULPIT. A Pedestal, a throne, on which concentrated light is cast — such is the pulpit. To stand there the object of all eyes, open at all points to criticism, challenging respect and confidence, though fully conscious of insufficiency — what an occasion for trembling ! What a morning for one young man was that of July 31, 1842, the first Lord's Day in a momentous relation that was to continue indefinitely. The shrinking and tremor would have been overpowering but for the Saviour's last promise, " Lo, I am with you." This pre- sented itself as the minister's own promise. It gave strength and calmness ; and from that day to the present I have sel- dom gone to the sacred desk without pleading this precious pledge. The morning's sermon that day was on " The Christian Embassy," from the words, " Now then we are ambassadors for Christ, as though God did beseech you by us ; we pray you in Christ's stead, be ye reconciled to God." In the afternoon the subject was, " A People's chief duty to their Pastor " (Hebrews 2 : 2, 3). But there sat Rev. Dr. Ander- son, Rev. David Greene, besides other clergymen and well- educated laymen, men of large experience in public affairs. There were women, too, of a superior type, mothers in Israel and daughters of Judah, mature and refined. The audacity 44 ELIOT MEMORIAL. of a young man rising up as teacher and guide in such a presence seemed prodigious. Lack of adequate mental capacity and furniture was not the chief source of anxiety. The religious welfare of a congregation weighed like a mountain. What Augustine says about angels being un- equal to the burden' came to mind. But for a strong hand from on high, collapse would have come. The people, how- ever, were kindly considerate. Attention was all that could be desired. In the earlier years of my ministry there was one in the congregation, Dr. Nathaniel S. Prentiss, whose specially eager attention could not fail to attract notice. He sat at an angle from the pulpit that made it particularly easy and natural for the speaker's eye to rest on his noble counte- nance. His love of scripture truth was intense. If now and then there was some one apparently in the same condi- tion with Malchus after Peter had used his sword. Dr. Pren- tiss more than made amends for such. His portly person, his large eyes, his riveted attention seemed enough for a half side of the meeting-house. One of the deacons, a very grave man, who sat in the pew behind the doctor, said that as a sermon proceeded, the old gentleman, with both hands on the top of his gold-headed cane, would unconsciously work forward on his seat ; and the observer was often anxious lest he should land on the floor. He weighed con- siderably over two hundred pounds. As for criticisms, there must have been many and ' Onus Angelicis humeris formidandum. THE PULPIT. 45 deserved, though it was seldom that one came to my ear. I can recall but a few instances. It was my practice to re- write whenever I preached a sermon the second time, except when there came a request for repetition. In one instance, having no time to recast a manuscript, I delivered a dis- course word for word after an interval of seven years. As the congregation were retiring, an individual who had joined us in the interim remarked with a deep flush on his face, " That sermon was all aimed at me." Another case was this : In due course of exposition it became necessary for me to say something in regard to divorce, though not know- ing that a divorced person was present. It appears that one of the quartet singers belonged to that class, and was moved to talk violently about the sermon. But for that, it might not have become known that there was anything disreputa- ble in her history. Sometimes just the opposite of fitting personal application took place. " Where did you get that sermon last Sunday, Mr. Thompson ? " was put to me ear- nestly. " Well, the text was in Numbers." " Ah, you hit the nail on the head ; " and more to the same effect. If any head was hit, his, by general consent, was the one. But he proceeded to speak of Mr. Blank as engaged in bogus stock operations, etc. One female hearer, not afflicted with self- distrust, would now and then give advice touching sermons, and once complimented herself by saying that she noticed I always preached better after her conversations with me. The appropriateness of certain subjects and sermons is not usually seen by all. After discourse one Sunday fore- 46 ELIOT MEMORIAL. noon on the Pharisee and Publican, a good clerical friend in the congregation kindly suggested the inquiry whether cer- tain paragraphs relating to the prayers of the impenitent were quite in place at that time. Before night a theologi- cal student, a member of our church, called, after conversing with another young man, who was well informed on general subjects but a Pharisee in his religious views and ways. He had said to the student, " Why did you tell Mr. Thompson my confession to you yesterday.? " His friend replied, " I did not see Mr. Thompson till after the sermon this morn- ing." The young man, who had been a gay New Yorker, remarked, " It was the closest and most pertinent sermon I ever heard." After a discourse on the " Efficacy of Prayer," one good woman sent me word indirectly that she did not need such an argument. Before the next Lord's Day another excellent Christian women thanked me very heartily for that sermon, saying it was just what she needed. A wise and kind elderly member of the congregation expressed doubts as to the expediency of introducing into the pulpit a certain sub- ject which had just been handled on the Sabbath. Within a few days I heard of a hopeful conversion resulting from that sermon. In the matter of pulpit preparation and pulpit occu- pancy most pastors have an experience of trying exigencies, and more particularly in their early official years. A share fell to my lot. In several instances, owing to illness or a succession of funerals and other interruptions, it became im- THE PULPIT. 47 possible to commence usual preparation before Saturday, and that, too, when body and mind were jaded. Hours were spent in trying to secure an exchange with different neighboring ministers, but unsuccessfully. Returning home, a wearied and possibly somewhat wiser man, I would spend most of the night in necessary writing instead of needed sleep. Twice within my first three years an agent of some benevolent society had agreed to meet me of a Sunday after- noon at the church door and occupy the pulpit in present- ing his cause, but failed to appear. Each time the disap- pointment was partly relieved by my being able to summon up a discourse previously committed to memory. When such trials work faith, there is compensation to the preacher if not to the hearer. Can the pulpit be long out of a minister's mind any day of the year, and year after year, be the pastorate a long or a short one ? What subject most needed next ? how shall it be so treated as to be most effective ? are questions con- stantly recurring from January first to December thirty- first. Of about one thousand sermons a classified synopsis of subjects shows the following proportions : — The Bible — characteristics and claims, 24 ; the several books, 7 ; exposi- tion of whole books or chapters, 231 ; Scripture characters, 28. God — character, works, and government, 36. Christ — attributes, offices, life, 118. The Holy Spirit — attributes and offices, 26. Man — character, ways, needs, duties, destiny, 102. The Christian — characteristics, duties, privileges, destiny, 285. 48 ELIOT MEMORIAL. Revivals, 28. 7"-^!? Family — Periods of Life, Classes of Persons, 73. Death and the Future, 69. special Occasions and Miscellaneous, 1 1 1 . Memoranda show that in twenty-three instances I preached at the ordination or installation of foreign mission- aries or home pastors. As some written sermons were at different times destroyed, and as some were never com- mitted to paper, it is impossible to find the exact number that were delivered from the Eliot pulpit. Memoranda show that for somewhat over a thousand discourses, 359 texts were taken from the Old Testament, and 703 from the New Tes- tament. In no instance was a passage employed simply as a motto ; nor garbled by employing an incomplete sentence or some single phrase. Occasionally I tried the expository method, dwelling on half a chapter at a time, not, however, without careful preparation, and it was gratifying to hear of much satisfaction being expressed by members of the con- gregation. Never was a mere verbal or fanciful analogy made the basis of a discourse. Imitation of the method or style of other men was never attempted. Simeon's volumes of plans I never saw. But I once read in public another man's discourse. It was from a volume of sermons on " Christ the Great Subject of Gospel Preaching," etc., by Ebenezer Thayer, pastor of the Second Church, the one in West Roxbury over which Theodore Parker was after- ward settled. The discourse was one of twelve, clear, scriptural and forcible, on the person and work of Christ. This was done at an evening meeting in the lecture-room, THE PULPIT. 49 the audience large and attentive, and a desire was expressed that yet other sermons might be given from the same vener- able book, which was published more than a century before (1721). I never took notes of any preacher's sermons and never borrowed a skeleton. In every instance, whether a sermon might be called doctrinal or not, there was a dis- tinct purpose to make a definite impression and to secure a well-defined practical result — helpful instruction, vigorous aspiration, saving conversion, or earnest, holy living. When after fifty years occasion ceased for their further use, it was a rather trying task to destroy a thousand or more manuscripts, the chief products of much brain-work — products which had been employed for the most sacred purposes. They were luminous at least once. John Bright, the celebrated English statesman and orator, expressed surprise that any one could preach week after week to the same congregation. But even the Turk has a proverb that solves the mystery, " When God gives office he also gives ability to fill it." CHAPTER VII. PASTORAL SERVICE. /. Parish Calls. No part of ministerial labor has been more a delight than these. At the time of my settlement there was no Consfregational Church within two miles of the Eliot Church. Parochial limits were thus for a good while wide apart ; and quite a number of those worshiping with us lived a long way from the place of Sunday meeting as well as a yet greater distance from one another. Being chiefly a transplanted people, their social ties were feeble. One inci- dental result was the absence of gossip. I have never known a community where there was so little mischievous or idle small talk. Had they lived more compactly and met more frequently, it might have been different. The pastor naturally became a bond or medium of fellowship. During the whole period, excepting long absences, calls averaged seven hundred and ninety per annum, but the thought of being foot-sore hardly found place in the young man's mind, so hearty was the welcome he received. Smiles would brighten the cloudiest day. In the course of thirty years only a few exceptions to this took place among our own people. It occurred to me at the outset that, for the manner of conducting official visits it would be well to begin as they might be expected PARISH CALLS. SI to continue, prayer among other things being proposed. One of my first calls was at the house of a sick church member too ill at the time to see me, and whose husband was an irreligious man. I endeavored to open acquaint- ance pleasantly with him, and before leaving said, " Shall we unite in prayer for the invalid.?" "No objection if you want to," was the gruff response. I found few persons less easily approached in serious conversation than the devotees of society so called. One such having just returned from a trip to Philadelphia I called on her, and after a while endeavored to turn con- versation into a profitable channel, but without success. " Well, Mrs. Blank," I remarked, " there must be one city more attractive than even Philadelphia. Is it not New Jerusalem ? " " O, I presume so ! " This specimen will suffice. At an early period there came to town one of the shoddy rich men, who took a high-priced pew in the Eliot Church. Calling promptly at his house I was re- ceived with a rather overpowering dignity, the well-to-do- parishioner presenting himself in a showy dressing gown. He soon informed me that Mr. of a neighboring town was his pastor, and I was able to speak in the high- est terms of that brother minister. The new-comer occu- pied this part of our hemisphere only a short time. Majesty seldom tarries long in the same place. He was the man, if I mistake not, who called a leading physician of Boston and wished him — as the doctor afterwards told me — "to dognose [diagnose] his case." After a few years I was 52 ELIOT MEMORIAL. greeted at another house — a house of repute — " You are a great stranger; you haven't been here for two years." Twelve months had not gone by since my previous visit. To make assurance doubly sure thereafter I had a quarto volume prepared for a record of calls, one broad column on each page for the names of persons visited ; a narrower column for dates ; another to indicate merely social calls ; and yet another to indicate when the individual was not at home. Such a register serves as a corrective to the treacherous memory of both minister and people. It served a good purpose when Mrs. remarked that I had not been to her house for a year and a half, during which time two of her daughters had been sick. Turning to my register I found mention of three visits to the family within the preceding six months. Little mistakes some- times occurred. Calling at one of two houses precisely alike in their exterior and near each other, I inquired, " Is Miss at home ? " The servant said, " Yes," and showed me in. It was evening. Hall and parlor were not well lighted. I had hardly been ushered in when a good lady advanced, saying, " How do you do, my dear pastor ? " I took her to be a sister of Mrs. Van Kuren just come to town, and after chatting with her a few minutes I re- marked, " Mrs. Van Kuren is not able to get out much." " O, Sir," said the lady, " Mrs, Van Kuren lives at the next door. I thought you were my pastor, whom I expect to take tea with me." No year passed without an effort to have more than PARISH CALLS. 53 one personal interview with every member of the congre- gation, whether old or young. The most frequent visits were not paid to the more conspicuous but to humbler families. The former were, as a general thing, less likely to suspect disproportionate attention. Among the latter was found usually greater freedom in disclosing domestic and other trials, as well as spiritual needs and religious joys. Many a church-meeting talk and many a sermon came out of visits to crowded alleys and dingy rooms. Nowhere else was sympathy so deeply moved, and no- where else did choicer fruits of divine grace come to light. Pithy sayings were sometimes dropped and now come to mind. A thoughtful woman, around whose dwell- ing a plenty of weeds and rude children of the neighbor- hood might be seen, remarked, " Everything grows here but goodness." Another, much devoted to active benevo- lence, after being shut in by ill-health, said to me, " It requires great grace to be good for nothing." Two compliments came to me from such quarters the same day. I was told that an Irish member of the church, who had died shortly before at the age of ninety-two, prayed every day during my absence in Europe that I might live to return and attend her funeral. A Scotch member of the church, aged ninety-six, on hearing some favorable remark about a sermon which I had preached, observed, " Ah, he s the boy to do that ! " While there is sometimes a pride that looks up as well as a pride that looks down, flowering plants never 54 ELIOT MEMORIAL. seem so attractive as in the windows of a tumble-down cottage. Never can I forget the sweet expression on the countenance of an impoverished widow as, looking out upon the well-kept lawn, and grove, and shrubs, and vines of a neighboring estate, she said, " My Father made them all." Nor can I forget the look of heavenly contentment on the face of another in her solitude, who would never admit being alone, but said, " My dear Elder Brother is always with me." There comes to mind the radiant ex- pression on the face of a woman thirty years ago. She was ninety, blind, feeble, dependent, and at the time sick withal. As I spoke of the loving-kindness of God, she raised her emaciated hands, exclaiming, " Praised be my Heavenly Father for all he has done for me ; for all he is doinor to me ! " Pastoral visits disclosed now and then what seemed to be the conversion of a church member, not a second conversion, so called, but the initial experi- ence of saving grace. One instance may be mentioned, that of a professional man in a lingering decline, who was intensely desirous of recovery, being very timid in view of suffering and death. At length there came an overwhelm- ing sense of sinfulness, and he passed through a severe spiritual struggle. He obtained and retained a most sat- isfying view of Christ as the atoning Saviour. Christian patience, and meekness and joy in a marked degree fol- lowed. A widow in her eighty-third year said to me — she was from the north of Ireland, and had an original way PARISH CALLS. 55 of expressing herself — "Nigh twenty years ago I was in a great consternation of mind and body. I lay awake one night feeling like a sparrow alone upon the house-top. I prayed God he would send some one to teach and help me. The next day who should come in but you yourself. You prayed with me; but you first repeated the hymn, — " ' Jesus, lover of my soul, Let me to thy bosom fly.' That was just what I wanted. The peace of God has kept me ever since." After that she joined our church, making no use of a musty certificate. Among the memorabilia of sick-rooms was the case of a church member, who sank under a cancerous tumor in the throat, which occasioned great suffering. She could speak only at considerable intervals and could articulate only two or three words at a time. Between paroxysms of distress she would say, " God is good " — " He is good " — "Thanks for mercies" — "He strengthens me" — "His will be done" — "Christ is precious" — "All is peace." Silent endurance simply is impressive ; but such victory over pain, such irrepressible paeans through faith in our Lord Jesus Christ are sublime and more effective than any didactic volume of Evidences. Upon decease there is no long flight of the soul to follow, but simply a step to the other side of the veil. And let who will go forth prospecting for precious metal, or searching the sky for undiscovered luminaries, I would far rather listen to the 56 ELIOT MEMORIAL. dying testimony and catch the light in the eye of a de- parting believer. And that, too, although pastoral pres- ence was now and then sought when impossibility seemed to stare me in the face. Owing to a two-days' sick head- ache, I was obliged to write one Thursday night on a pre- paratory lecture for the next evening. Indeed, it was after two o'clock Friday morning when I retired to rest. The clock had not struck three before I was called up by an agitated son, and hastened to the bedside of his dying mother. She was the senior member of our church at that time, being in the eighty-sixth year of her age. Her pains were great but her peace of mind still greater. At another time I was called up past midnight to go and see a sick woman, who had just learned suddenly that her ex- pectation of recovery must be given up, and who was in extreme agitation. She was living in a court not particu- larly reputable, and I took a policeman with me. Other calls were made by daylight till the wretched sufferer's last fearful groan was uttered. In 1865 died Mrs. Sarah A. Rogers, who for years suffered from an extreme palpi- tation of heart which shook her whole frame and the chair in which she obtained only imperfect repose. After join- ing the church she was unable to attend public worship, and never but once received the emblems of Christ's dying love. At length she passed out of the apartment of suffering and of shadows into sunlight. During all that period of wearisome months and even years of pant- ing, no complaint escaped her empurpled lips. Cheerful- PARISH CALLS. 57 ness reigned throughout all. My calls were frequent, and all the while that palpitating heart " Like a muffled drum, was beating Funeral marches to the grave." Pastoral life became a vibration between joy and sor- row. So frequent was the demand upon ministration to the sick and bereaved that I was kept almost uniformly in the border-land, and I seemed to have become janitor to the unseen world. A request would come for me to communicate sad intelligence — that there was no hope of recovery ; or that the remains of some member of a family were unexpectedly about to be brought home. One morn- ing I was sent for to inform a man who had been violently sick for two weeks, that his wife, taken down after him, died a week ago, an event which could not safely be made known sooner. How could tears be restrained on meet- ing a man, during whose absence of a few months his entire family had been buried ! In almost numberless instances the last pastoral visit was made just at the close of a parishioner's life; and good- bys to the departing had, as a general thing, little sad- ness in their tone. Recollection is stored with such cases. In 1869, for example, being sent for with great urgency, I hastened to the bedside of a sick woman. Passages like the twenty-third Psalm and certain words of our Saviour were repeated, as well as the hymn, " Jesus, lover of my soul." She expressed firm trust in him and smiled sweetly 58 ELIOT MEMORIAL. at every mention of his name. After a prayer she asked to be turned in bed, and within less than half an hour ceased to breathe. Another sister in the church, long time a sufferer, exhibited a rare combination of strong desire to depart and complete acquiescence in the divine will. A frequent exclamation of hers was, " I long to go home ! O, I want to be at home with Jesus ! " At the bedside of another who had lived a decidedly Christian life, I repeated, " Rock of Ages, cleft for me," and she accom- panied me in a low concurrent voice. When the stanzas were finished, she whispered, " Nothing, nothing, but the mercy and the merits of Jesus Christ ! " and at once her ^' eyelids closed in death." A deaf-mute member, in a rather dark apartment and on the verge of departure, in- dicated her idea of the brightness of heaven, to which she was bound joyously, by bringing a hand over her eyes as if shading them from the effulgence. Specially memorable was the loft of a rude workshop — without lath or plaster, the rafters covered with soot, not a single object of comfort in sight — where dwelt per- haps the most cheerful saint in Boston. Never did a lisp of complaint or an allusion to surroundings escape from her lips. But climb up there and speak of the Saviour, you would see her sallow face glow at once, and she seemed transfigured. That dreary, smoky apartment became a ves- tibule of heaven. There were cases where the pastor found husband and wife unequally yoked together, the former devoid of PARISH CALLS. 59 sympathy in things religious ; the latter discreet, faithful, prayerful, and able quietly to maintain a controlling influ- ence over the household. The Christian nurture of chil- dren resulted in a sterling character. No instance of desertion or of divorce occurred in the congregation. It was deeply interesting to observe the refining and enno- bling influence of genuine piety, often independent of other sources of culture. Not a few such cases come to mind. I recall one which will serve as a specimen — the sick-room of a Protestant serving-girl from the north of Ireland. She was dependent and friendless, save a sis- ter, who relinquished her own most eligible place of serv- ice that she might minister to her in a long decline. She would moisten the invalid's parched mouth, caring for her in every way tenderly night and day. As the last hour approached, she said to her, " Sister, shall I give you a little water now ? " " No, thank you," was the answer, " I '11 drink no more till I drink at the fountain." John Brown, with his well-ordered family, came from the north of Scotland and occupied a small house, then almost a solitary one, near the Milldam. He sank under a gradual invasion of disease, which baffled the healing art; but at every call I found a beautiful spirit of patience and cheerfulness. His thoughts dwelt a good deal the other side of the ocean and also in that world where is no more sea. Over and over he sang hymns taught him by a godly Highland mother. At last he desired Scotch friends who stood round his bed to sing a favorite one, 6o ELIOT MEMORIAL. which the sainted woman used to sing in his childhood. His own feeble voice at length joined the rest; but with the last word and last note he ceased to breathe. The words were: — "Hark, the glad sound ! The Saviour comes, The Saviour promised long; Let every heart prepare him room, And every voice a song." I think of him as joining at once in the song of Moses, the servant of God, and the song of the Lamb. The funeral service over, the widow and daughter has- tened back to Aberdeen. 2. Extra-Parochial Service. The longer a minister remains in one place, the more is he liable to be called upon for service outside of parish lines. If his sphere of labor is in a populous community, and if he remain at home during the heated term when an annual dispersion of people takes place, he is sure to be called upon for ministrations in behalf of the sick and be- reaved who are strangers. I have repeatedly made a sug- gestion that groups of neighboring ministers enter into an agreement by which, in rotation, one of them shall be at home during the vacation season. Many years ago upon the death of a prominent church officer in Boston, whose house had long been a home for ministers, not a Congre- gational pastor was to be found in the city, and the family EXTRA-PAROCHIAL SERVICE. 6 1 had to scour neighboring towns in search of some one to offer prayer at the funeral. In two instances when I had been already engaged for such service at a specified hour, application has been made from other quarters for the same purpose. In one case the applicant seemed to be so dazed as not to appreciate the impossibility of a man's reduplicating himself and being in two places at the same time. Great embarrassment results not infrequently from the habit of engaging an undertaker and perhaps announc- ing in daily papers the hour of a funeral before a minister is called upon. Time and again came a request from some remote family of which I had never heard, to attend a funeral. It became necessary to hire a carriage for the purpose and no thanks were expressed. This was due doubtless to faulty education, for children sometimes grow up without ever being taught to say, Thank you. Service may be cheerfully rendered, though such omissions cannot fail to be noticed. I have thus come into fuller sympathy with our foreign missionaries, who often fail to receive any token of gratitude for their gratuitous labor. Just fifty-one years ago parents, with two daughters and a son, sailed from Belfast, Ireland. The father and mother died at the quarantine, Quebec. The son Andrew, a lad of fifteen, went to New York to find a brother who had preceded the family four years before. Finding that the brother had come to Boston, Andrew followed. Here he was soon run over by a carriage and taken to a hospi- 62 ELIOT MEMORIAL. tal. No brother being found, he appealed to me. There was no small joy in befriending such an orphan. His gratitude was ample. Utterances painfully suggestive were sometimes heard. A widowed woman spoke of her husband's departure as a translation, though it was understood he had come home intoxicated nearly every day for years, ardent spirits being the occasion of the accident by which he lost his life. The ravages and relics of intemperance in the surround- ing community brought melancholy scenes to light. The older of two sisters married a widowed father, and the younger married his widowed son. The next day after the funeral of a step-daughter of this second wife, the step-mother's sister fell down stairs and remained uncon- scious till her death took place. In obeying the summons from strangers to a marriage service in an alley, dark even at noon-day, and also an urgent request for a call at midnight, I took a policeman with me and found the pre- caution was warranted. Occasions for official association with other denomi- nations were infrequent. I was requested to take part at the funeral of a dear child who had been in our Sunday School, and who belonged to a family some members of which were connected with the Episcopal Church. The rector declined to have any joint participation, and con- ducted the whole service. This occurred more than once. With our Unitarian and Universalist neighbors there were pleasant relations, but not public religious fellowship. In EXTRA-PAROCHIAL SERVICE. 63 private intercourse there was friendliness. Mr. Charles K. Dillaway, for example, an officer in the First Church, a prominent citizen, a former master of the Boston Latin School, was a warm personal friend. His unfailing kind- liness and rare general excellence of character entitled him to that universal esteem which he enjoyed. Not infre- quently he would take a seat with us on the Sabbath. He suggested an exchange of pulpits with the pastor of the Unitarian Church. But that is a matter in which prin- ciple must take precedence of private and neighborhood courtesies. In civic affairs and in philanthropic movements there may be heartiest cooperation ; but the strictly reli- gious sphere is another thing. " As certain also of your own poets have said" — for example, Dr. Priestly — "I do not wonder that you Calvinists entertain and express a strongly unfavorable opinion of us Unitarians. The truth is, there neither can be nor ought to be any compromise between us. If you are right, we are not Christians at all ; and if we are right, you are gross idola- ters." The Rev. Thomas Belsham spoke decidedly, " Opin- ions such as these can no more harmonize with each other than light and darkness, than Christ and Belial. They who hold doctrines so diametrically opposite cannot be worshipers in the same temple." Discourtesies were rare. One of our elderly ladies became acquainted with an aged Unitarian neighbor, and at length proposed that they should engage in Scripture readings and prayer. They began with the New Testa- 64 ELIOT MEMORIAL. ment, and at their third reading in Matthew's Gospel came to the verse, " Whose fan is in his hand, and he will thor- oughly purge his floor and gather the wheat into his gar- ner; but he will burn up the chaff with unquenchable fire." The old lady seemed to be startled and asked to have it read again, observing that she had forgotten that there was such a passage in the Bible. The calls and readings continued till, on her own motion, a request came that I would visit her. On presenting myself and my card at the door, a daughter-in-law of the aged woman de- clined to admit me to the house, remarking, " My mother has a pastor," giving his name with a good deal of em- phasis. Raising my hat, I explained calmly and reiterated the explanation that I called only at the request of her aged mother. Admittance was not secured. Some years later I was sent for in great haste to go to the chamber where a wife and mother was dying. Her Unitarian pastor not being at home could not be found. The family were much agitated. After a few quieting words, I invited all to kneel with me in prayer; but on rising I found the pastor had come and was standing be- hind me. There was embarrassment of course. After interment had taken place, I called to express sympathy. Some little neighborly services on my part were accepted; but by and by the family found it not convenient to recog- nize on the street the one who had been sent for when the wife and mother and whole household were in dis- tress. EXTRA- PAROCHIAL SERVICE. 65 At another time a gentleman in my neighborhood, with whom I had had no acquaintance, asked me to the house to see his wife, who was in the last stages of con- sumption. Learning where he attended worship, I sug- gested that while I should be happy to comply with his request, it might perhaps be considered a breach of comity, and that he and the family might prefer the presence of their own pastor. He replied, " I should as soon think of calling in a dancing-master." My visits were gladly re- ceived though death soon ensued. The most trying case was that where a capable mother who had no sympathy with evangelical religion, and who would not allow me at repeated calls to see a sick daugh- ter except in her own presence. The daughter had been a member of our Sunday School; she was sinking in a fatal decline, and evidently wanted to have me talk on the vital concerns of her soul and of salvation. But the mother sitting by would parry and thwart everything dis- tinctive that I said, and would pervert, according to my view, every plainly pertinent text quoted by me. It hardly need be added that the foregoing were exceptional cases. From another religious denomination came an imploring request for me to conduct the funeral of a child. The pastor of the family had declined the service because scar- let fever occasioned the death. This, too, occurred a second time. 66 ELIOT MEMORIAL. J. Deaths and Funerals. The circumstances under which the announcement of a death was made were sometimes noteworthy. Toward the close of a week-day church meeting I suggested that a prominent member, who was known to be in a distant hospital, should be remembered in the next prayer. Some one spoke at once, " She is dead." A telegram to that effect had been received just as the meeting opened. A hurried note was one day written by a lady, saying, " Mr. Dickinson has been taken suddenly ill." Before opportu- nity occurred to send the note this postscript was added, " Mr. Dickinson died at half-past eleven." Such unlooked-for announcements not unfrequently made the general heart of our community stand still for a moment. The shock would be startling. Mr. John Heath — for many years treasurer of the Eliot Society — who never had occasion to call a physician, fell without a mo- ment's warning and did not become again conscious. March 26, 1897, word passed from neighbor to neighbor, "Mr. Ireson is no more with us." The sickness — it was hardly a sickness — continued only two days. He, too, during seventy-four years had never called a physician. For forty years a member of this church, and thirty-eight years secretary of the Sunday School, he had been a beloved brother in Christ. These two men were noted for the same traits and habits; they were remarkably punctual, faithful, accurate, cheerful. They loved the dis- DEATHS AND FUNERALS. 6f tinctive truths of Christianity; they were blameless in life and prudent in speech. Both were heartily devoted to the Eliot Church. Their modesty was beautiful, and yet extreme; each of them shrank from taking active part, by prayer or remarks, in social religious meetings. Fluency of speech is not the standard of piety. Mr. Richard Bond, well known as an architect, when finishing his morning toilet, sat down and within five min- utes ceased to breathe. Not long after that the senior brother in our church — he was once a member of Dr. Channing's church — having been about, much as usual, during the day, seated himself at evening in an easy chair, turned his head on one side and neither spoke nor moved again. One morning in July, 1894, the word, wholly un- looked for, came, " Capt. Benjamin C. Tinkham passed away last night." Similar was the message concerning Mr. Charles W. Hill: "Swift was his flight, and short the road, — He closed his eyes and woke with God." Mrs. McNee, from Paisley, Scotland, who had been in this country only two months, dropped dead instantly while preparing breakfast. She was but twenty-eight and had the appearance of being perfectly well. The pathetic sometimes mingled with our surprise and moved us deeply. A church member, aged seventy- seven, after attending divine service on the Lord's Day, seemed as well as usual at the breakfast table the next 68 ELIOT MEMORIAL. morning. Shortly after he spoke of feehng ill, and lay down upon a lounge. His wife, daughter, and little grand- daughter were sitting by. This little girl of four summers, who had been to church with him the day before, said, " I'll play meeting now and be minister for grandpa." She made believe read a hymn and then saying, " Now all be still and I'll pray," she kneeled and repeated the Lord's Prayer, adding, " God bless father and mother, grand- father and grandmother." At that moment the old gen- tleman drew a heavy breath which was his last. A lady who had for many years been a most exem- plary Dorcas among us, finished a bedquilt one Saturday for a poor family ; the next day was in her place at church, but Monday morning the sun shone on her benevolent face lying sweetly motionless, pillow and coverlet not the least ruffled. Peculiarly trying conditions sometimes accompanied suddenness. A member of our congregation was riding out with her only child, eight months old, in her arms. The horse shied a little, though without occasioning real danger. Gathering the infant more closely to her, the mother leaned against a lady friend who was driving, and died instantly. The friend had to drive half a mile before finding: a house, to the door of which she could come near enough to call for help without relinquishing hold upon the deceased mother and the living child. Funerals not a few of persons whom I had never seen in life were attended. The very fact of having had no DEATHS AND FUNERALS. 69 acquaintance with the deceased always furnished occasion to speak freely to assembled relatives and neighbors. Re- quests for these extra-parochial services would sometimes come in a peculiar form, as " Can you perform the cere- mony ? " " My father can't work for you today ; he died last night. The funeral, tomorrow afternoon." Meeting a quartette singer, I inquired if Mr. So-and-So was still liv- ing. " No," was the reply, " I sang to his corpse yester- day." The remains of an aged widow were brought to our chapel before interment. Her only son from New York was present. After the reading of Scripture and prayer, I stepped from the platform to speak to him, but he did not raise his head from the back of a settee on which it was resting. I spoke his name in a low tone, and then noticed that he was breathing heavily. As he did not rouse I put my hand upon his shoulder, which also pro- duced no effect. It then flashed upon my mind that being a man of known bad habits he must be in the stupor of intoxication. It became very noticeable that for a series of years there should be a service awaiting me on my return from the four-weeks' outing. Coming home after the August vacation of i860 I found a gentleman waiting at the depot to take me to a funeral before going to my own house. There were times when frequency characterized these occasions. I recall a week in 1861 which was peculiarly a week of funerals — two of them occurring on the Sab- bath, two more on Saturday, and one or two on interven- 7© ELIOT MEMORIAL. ing days. Connected with nearly every one of them were circumstances of peculiar trial to relatives. In the course of that same year three funerals took place on a Sabbath, one result of which was an intense nervous headache which required the attendance of a physician for days after. At another time the head beinsf uncovered in an open-air service, the sun shone out suddenly, causing a slight sunstroke which left unpleasant consequences for a considerable period. There were some cases — very few, however — that seemed to preclude an expression of sympathy. Last ser- vices were attended in a house where were the remains of a man who could hold no property on account of a Gov- ernment claim on him. His widow — already for a year deranged, owing to excessive devotion to him in his sick- ness — was left destitute. The property held by her in her own right had been employed in aiding the children of a former wife. Usually, however, the tenderest and deepest emotions were moved. It is not easy, even at this remote day, to speak of those hours in darkened apartments, hours of irrepressible sobbing and sometimes of vehement outcries on the part of mourners. The heart beats quicker at every remembrance of such scenes. Tears still start freely. The first funeral that I attended as a pastor was that of a mother who left ten living children. A few years later came the funeral of another who left twelve living children. Now and then there would be an agonizing wrench of the DEATHS AND FUNERALS. 7 1 sensibilities, as when a homeward-bound East Indiaman was wrecked on Minot's Ledge, and besides twenty of the men one of her young officers, an only son, perished almost within sight of his father's house, where he ex- pected to be in a few hours amidst Thanksgiving-Day joys. So, too, when a maniac killed an only child of one of our families and then took his own life. It would not have been surprising if the pastor's brain had yielded to apoplexy, or if complete heart-failure had ensued. The organ last named gave functional alarms for several years. One of the most eminent pastors in the Commonwealth said to me that he found he must not sympathize too deeply with his people; it would otherwise cost him his life. Well would it have been for me to have given more heed to that suggestion ! Few of the more than seven hundred funeral services were devoid of noticeably trying accompaniments. Such was the draft upon feeling, that almost any occasion of this kind would be followed by greater exhaustion than a service with preaching on the Sabbath. Unhappily the call for such extra duties occurred more frequently on the Lord's Day than any other. The resulting strain had much to do with a repeated break- down of my nervous system. Sometimes, as already inti- mated, day after day, and even week after week, there came a constant succession of scenes and duties that try a pastor's heart. One such in the time of our Civil War will illustrate what is meant. Three deaths occurred in one day; the next day another. Then followed two 72 ELIOT MEMORIAL. funerals in an afternoon, from one of which a brother-in- law of the deceased was called out just as the service be- gan, to go to his father in Boston who died before this son reached the house. Soon after the interment came a similar service in Boston, a young mother having died, and during the service her infant son expired. Dust to dust had hardly been committed when I was called upon to marry a couple, the bride being low with a heart complaint, and three days later came her funeral. At the same time young men, single and married, were enlisting in the army, to each of whom and their friends some special token of pastoral interest seemed to be required. At another period I attended in close succession four funerals in the same house — one mother burying an only child ; another, one of two children ; and a third, both of her sons. The range of ages embraced all periods from a few hours to over a century. The variety of conditions, occu- pations and nationalities was great. Specially suggestive to myself has it been that I should be called upon to conduct or take part in the obsequies of eleven brother ministers, their ages varying from thirty-eight to eighty- four. In general the circumstances of departure were very various. To some it was on the battle-field or in a mili- tary hospital ; for most it was in the sick-room at home, and yet scarcely one without some surprise being awak- ened, either on account of the manner or the time. At DEATHS AND FUNERALS. 73 the Almshouse I attended (1849) the funeral of a mother who died of cholera, as her husband and eldest daughter had died the same week. Orphaned children remained. The extremes of surprise relate to unexpected delay or unexpected suddenness. Rev. William C. Woodbridge was on the invalid list for many years, yet so removed from the public eye that many supposed for quite a while that he had not been among the living when his decease occurred in 1845. ^^s. Sophia Wildes, a rare woman, after six years of confinement to the house, almost on the eightieth anniversary of her birth, heard with gladness the summons, " Come up higher." ' On the other hand, instantaneous death was appointed to Rev. David Greene and Mr. Laban S. Beecher, owing in each case to what is called an accident. More painful circumstances seldom occur. It was impressed upon all that the way to prepare for sudden death is never to be unprepared. Remarks or a sermon at funeral services are much less often expected now than formerly, and much less often in cities than in the country. Still frequently a request comes that some- thing may be said, and an expectation of that is well-nigh invariable in case of a public service. Of these remarks thirty-four were sought for publication. Of late years it has been painful at times to witness the performances of professional quartettes. While no one questions the fitness of appropriate singing on such occa- » A sister of Mrs. Wildes, the widow of Rev. Mr. Bent, was for forty- nine or fifty years an invalid, and debarred from attending public worship. 74 ELIOT MEMORIAL. sions, every person of good taste must take exception to certain pieces sung and especially to the style of music. But a much severer criticism is due to the manners of quartettes, as may occasionally be seen in the house of mourning. They are sometimes, to appearance, utterly oblivious concerning the proprieties of the hour. Whis- pering, conning of notes, nonchalant gazing about go on as if they were hired to exhibit indecorum. Such conduct while the officiating clergyman is reading Scripture or offering remarks, is decidedly discourteous to all ; but carried on while he is offering prayer, it is unpardonably irreverent. </. Marriages. Thanks forever for the family — no human device or discovery ! Home is a divine arrangement, designed by God as an abode of comfort with a sense of repose pecu- liar to itself; where the domestic altar is duly maintained, a sanctuary, a little paradise before the upper Paradise Re- gained. So long as the ark of the covenant was under his roof the house of Obed-Edom prospered. There has been no small sacrifice involved in seeing our jewels borne off one after another; but then, other communities and even other lands have been enriched thereby. And be- sides, we made some reprisals. In this line of service every clergyman who remains many years in the ministry has a variety of experiences, and especially if he lives in a city. The silent joining of MARRIAGES. 75 two deaf-mutes in sacred wedlock, for instance, presents a noteworthy contrast to the lively cheer of an ordinary wedding. One evening while I was engaged in conversa- tion with a man morbidly distressed, thinking that he had sinned away his day of grace, in came a couple to be married. I had to ask him into the parlor as a witness, and the occasion seemed to do him more good than my previous conversation. In two instances I left ecclesias- tical councils to attend a marriage, and then returned to proceedings which issued the one in a pastoral settlement, the other in an ecclesiastical divorce. Whenever wine was furnished on marriage occasions I declined the courtesy. In later years that beverage has ceased to be offered. I declined to re-marry persons divorced for other reasons than what the Scripture sanc- tions. The matter of fees is sometimes one of interest, espe- cially if income from that source is devoted to charity. The first bridegroom — not a Roxbury gentleman — who desired my official aid was a man of property. Some of his friends, thinking the fee must be very handsome, tried, but without success, to get from me the exact sum. After a while the remark was made, " You do not want to tell because it was so large." That taunt brought out the secret of a very meager payment. Among these outsiders was a benedict who put a half dollar on the tip of his fingers and a dollar bill near his wrist, giving me my choice. More than one had come without a pocket-book, j6 ELIOT MEMORIAL. and waiting a while in apparent expectation of an enter- tainment, marched out of the house without so much as a Thank you. The largest sum ever received for such ser- vices, two hundred dollars, came from a warm personal friend, and under unusual circumstances. An infelicity attended one public marriage in our church. When the parties presented themselves I asked for the certificate of marriage. It was excusable in the bridegroom that, having been a foreign missionary far from our country and among the heathen for many years, he had failed to procure the required document. There was a congregation of friends present, and I preferred to run the risk of a heavy fine rather than not proceed at once with an illegal ceremony. The good man hastened from church to the city clerk's office for an ex post facto permit. Of the more than two hundred and fifty marriages, attend- ant peculiarities were, however, almost wholly confined to entire strangers. One couple, coming from out of town, had forgotten, if they ever knew, about the marriage license, and it took the dilatory man nearly all day to procure one. Another couple came to the house of a relative here bringing their pastor, a grave Doctor of Divinity. The elect lady had declared with great em- phasis that no one else should ever marry her. Just as he was about to proceed they discovered that it was con- trary to law, neither party being resident here, and I was sent for in great haste. One rainy evening a carriage drove to my door at nine o'clock. The son of a former MARRIAGES. 77 member of our congregation presented himself with a bride; but in changing his coat, had left the needed cer- tificate at home. So, at least, he said ; and it would be sent to me the next day. A certificate came bearing date of that next day ! Governor Gaston kindly accompanied me to the city clerk's office ; and relatives of the bride came afterwards from a neighboring state to make in- quiries. While the grotesque, the comical, or the fraudulent sometimes pertained to such outsiders, the startling or the sad was occasionally associated with our own friends. In one instance the air of a drawing-room being loaded with the fragrance of flowers, the bride fainted and fell amidst the service. In another, two sisters were married simul- taneously, and not long after came the funeral of one of them. Nor was that a solitary case in which the mar- riage wreath might almost have served also for the casket. In 1868 occurred the funeral of a young woman whose marriage I solemnized six months previously. She was evidently not well at the time. The happy couple started for St. Paul, Minnesota, but stopped at Winona where the bride died. Her marriage dress was her funeral robe. Late in September of another year two were united in sacred bonds till death should part them, and before the end of October the bride was a widow. 7 8 ELIOT MEMORIAL. 5. Contrasts and Coincidences. In all departments of life there are conjunctions that impress one. Every minister probably has occasion to notice such in the course of professional experience. In my own case these have been so frequent and attended by such conflicting emotions of joy and sadness as to imprint themselves indelibly amidst pastoral reminiscences. They were largely connected with sickness and departure, and occurred so often that I seemed to be uniformly vibrating between smiles and tears. An instance here and there, out of many in successive years, will make this plain. Within the first twelve months after ordination I offi- ciated at the marriage of a beautiful and interesting young woman. There was a throng of gaily-attired and joyous guests. Of flowers there was a profusion and the entertainment was sumptuous. The grounds as well as the mansion were illuminated, and the music was inspirit- ing. Hundreds of hearts beat happily that June evening. Less than six months later came a funeral at twilight, the ground covered with snow, a handful of the same friends present, all dressed in black, perfect silence reigning. In the same drawing-room and on the same spot where the bride had stood were now placed her lifeless remains. In 1846 young Atkinson, in exuberant health and full of hilarity, went with the Sunday School of another denomination on a picnic one bright morning and was CONTRASTS AND COINCIDENCES. 79 drowned. His remains were brought home at midnight. At break of day I was sent for to offer prayer at the darkened house. Interment was to take place at a dis- tance. September 25, 1847, I went to the funeral of John A. Parker, aged 21. On entering the house I found two caskets instead of one, the grandmother having died the day before. The house recently so cheerful was now utterly desolate; all the three occupants belonging to as many generations were deposited in the same tomb the same month. A man whom I had never seen, and who had him- self never seen the inside of our church, called to say that his brother was very low with typhoid fever, his brain being affected. It was stated that he had given no evi- dence of being a Christian. The brother begged me to speak to the delirious man in a " consoling " way. I has- tened to the house, which had shortly before been vacated by another family. A sad close of life came soon ; but I found it was in the same room where a little while pre- vious I had witnessed the departure of a woman whose end was perfect trust and perfect peace. In the Spring of 1856 I called on an aged and very sick woman, sup- posed to be dying, and whose chief fear was lest she should recover. She had long been an eminent Christian and a sufferer. There was occasion to labor with her to be resigned to live, if that were the will of the Lord. From her room I went to a house of sickness in Boston, 8o ELIOT MEMORIAL. and saw a beautiful boy expire, the son of young parish- ioners whom I married a few years previously, and who seemed to find it impossible to be reconciled to their loss. Only a fortnight before that I attended a large and expen- sive party beneath the same roof. Thence I went to a wedding the same day as that of the death. It was at a later date that two brothers, men of mature years, died in the same house sumptuously fur- nished, where skilled nursing and the most skillful physi- cians were in attendance. One of the two brothers came to his end after a brief sickness, resulting from excess on a festive occasion. There was opportunity for only a single visit to him. " Can you not look penitently and trustingly to our Heavenly Father," I said, "and implore forgiveness ? " "I fear not," was his reply ; and the power of utterance soon ceased. The surviving brother was long confined to his room, and at length to his bed. Though a consistent church member, he was constitutionally reti- cent and undemonstrative. Some would have pronounced him frigid. But as disease progressed he softened, and finally talked freely of his religious experience. One day as I sat close to his pillow, he drew my face down to his and kissed me. It was the first time in my life that any man gave me that token, and from no other member of the congregation would it have been more surprising. In these circumstances there was nothing remarkable perhaps, but a sudden change from one deep emotion to another produces an exhausting revulsion. Extreme and CONTRASTS AND COINCIDENCES. 8l unanticipated joy or sorrow sometimes occasions death. It is very pleasing to sing about " The soul's calm sun- shine and the heartfelt joy," and it is perfectly easy to recommend self-control, but less easy to exercise it, espe- cially when the nervous system is highly sensitive. For many persons absence of the startling is necessary to presence of mind. The foregoing instances of contrast present coincidences also, as among the latter there is more or less of contrast. It is an occasion of grateful remembrance that the congregation was uniformly and noticeably attentive. This afforded not a little encouragement. From the first onward, I never saw but two persons in the audience sleeping. One of them, laboring under an infirmity which made it almost impossible to resist drowsiness, told me that he would sometimes thrust a pin into his own flesh to keep himself awake, though unsuccessfully, but that one Sunday he observed the head of the other sleeper thrown back over the top of a pew, his enormous mouth wide open. The shock was such as to cure himself of drowsiness. One other case was reported to me by a friend some time after it occurred. A man who occu- pied a pew near my informant said to him on their way from church : " Mr. Thompson did n't preach this after- noon." " O yes ; he preached as usual." " But he did n't take any text; I wonder if he isn't well." "I did not notice any appearance of illness." " It seems singular that they should only sing a couple of hymns." The fact was, 82 ELIOT MEMORIAL. as my wakeful friend had noticed, the man dropped soundly asleep in the course of the first singing and waked up during the last. Closed eyes are not always proof of drowsiness, but it naturally awakens suspicion. Owing to the weakness of that organ since 1854, I have uniformly shut my eyes while listening to sermons, and yet have not consciously fallen asleep during divine service. Speaking of this to Mr. Charles Stoddard, a native of Northampton, he told me that Governor Strong was supposed to be in the habit of sleeping at meeting. A spinster, something of a busy- body, noticing that he covered his eyes during the ser- mon, called one Monday and lectured him on the subject. He asked quietly, " Were you at meeting yesterday morn- ing ? " " O yes." " And what was the text ? " " Really it has escaped me." " Perhaps you will give me an outline of the discourse." The good woman confessed she could not. The same questions and answers passed regarding the afternoon sermon also. Governor Strong then gave her each text and a full analysis of the sermon, adding that for many years he had suffered from weak eyes which obliged him to protect them from the light. Family surprises were sometimes revealed. A young man starting for Sunday School fell and broke his knee- pan. He nearly perished with cold before relief came. A good lady ran and apprised his father of the accident, but was so agitated as not to give the name distinctly. The father remarked that he was not much of a nurse CONTRASTS AND COINCIDENCES. 83 himself and regretted that his son, a strong young man, should have just left the house. Putting on his overcoat rather deliberately, he went over in a neighborly way and found that the sufferer was that very son. Certain other incidents belong to the ample category of simultaneous bereavement. On the same day in August, 1862, that the telegraph brought word of the death of a member of my family, a gentleman and his sister called to announce the death of their father, and almost imme- diately I fulfilled a preengagement to marry a couple. The translation of a Christian may be more joyous than any wedding march. At Newton Centre I attended the funeral of a former member of our church. For five years she had not been able to go to the house of God. When the doctor announced the near approach of death, she said to her sister, " Have you heard the good news ? " "No; what is it?" "I'm going home." Just as she was sitting down at the marriage supper of the Lamb I hastened back to attend a marriage service in our church, and thence to one at my house. Two brides that day went away from home. One of two widowed sisters, whose husbands died at nearly the same time, returning from Kansas, whither she had removed, called to say that her only son, aged twenty-one, died of injuries by an ac- cident and that the only son of her sister was almost at the same time killed on the Fitchburg Railroad. Under one roof in 1859 were the two widowed sis- ters of Dr. N. S. Prentiss, one aged seventy-two, the 84 ELIOT MEMORIAL. other eighty-five. The older sister had been deaf from childhood, and now while lying beside Mrs. Weare, whose tender care she had enjoyed for half a century, she fell quietly asleep never to wake again in this world. Her noble-hearted sister, being told what had occurred, said, " My work is done ; I shall soon follow," and in less than twenty-four hours she, too, fell asleep in Jesus. The funeral service and interment of the two took place at the same time. In three instances I found unexpectedly two caskets instead of one. The last was at Newton Centre, where friends assembled, thinking to look for the last time only on the face of Mrs. Albert Bowker. But side by side with her casket was that of her husband. In death they were not divided, and there was companionship in burial as well. Neither of them, it should be said, had any con- nection with the Eliot Church. The coincidence though striking, has conspicuous parallels. Some years since, the Rev. Dr. Milledollar of New York died at a good old age ; the next day his wife also, and they were buried in the same grave. Crossing the Atlantic, we find that the Rev. George Burder and his wife were interred the same afternoon. Yet earlier, a relative of Lady Sutherland hastened to Bath to attend the funeral of Lord Suther- land, but found two hearses at the door, one of them for her ladyship. I remember with o-reat distinctness the first call which Mrs. Bowker made on me one-third of a century ago. CONTRASTS AND COINCIDENCES. 85 She came to confer in regard to a Woman's Board of Foreign Missions. It was the presence of a superior woman revolving a noble theme, a theme growing into grandeur. She was becoming transfigured by it. Not a word of conceit or of self-seeking in any form dropped from her lips. She brought with her a most evident im- press from the mercy-seat. It was that elevation tem- pered with meekness, which can be had only by the Holy Spirit's illuminating and energizing presence. Mrs. Bow- ker was moved to organize the womanly sympathies and energies of Christian hearts in behalf of those w4iom Satan hath bound, lo, these eighteen hundred years. For a quarter of a century she labored indefatigably in their behalf. Thousands of heathen women have been ele- vated, hundreds of heathen homes ameliorated. Bowker Hall of the Mission School at Bombay, and Bowker Hall of the College for Girls at Scutari, on the Bosphorus, are her fitting monuments. Another class of coincidences come to mind. Out of a considerable number a few will serve to illustrate. One morning in 1859 the German Methodist minister of this city called, desiring aid for his church which was in debt. I was then unable to render assistance. Toward evening a minister from Litchfield, Connecticut, presented himself. In my boyhood he was a teacher in my native place. He was now aged and in poor health. I had just returned from making five calls, at no one of which was the subject of giving mentioned. On retiring from the 86 ELIOT MEMORIAL. last house visited, the good lady placed in my hand a bank-note of no small denomination. It was evidently designed by Providence to be divided between the two clerical callers of that day. At a certain juncture it be- came a question with me whether, owing to an inevitable increase of expenses, I was not called upon to diminish my subscriptions to benevolent objects. I could not per- suade myself to retrench in that direction. Almost imme- diately there was disclosed a small mine which accrued to my benefit. Again, in 1856, I was very desirous, after returning from a visit to missions in India, of doubling the amount previously given to the American Board. Within three weeks and before the time for payment, a good woman connected with another church and entirely unacquainted with the circumstances, handed me the exact amount for my private use. The next year, while there was for some days a similar hesitation as to the duty of giving, the same lady asked for my written opinion regard- ing spiritism. When that was communicated, she sent me a check for one hundred dollars. Just before the time to subscribe to foreign missions, in 1859, this generous friend died, and on her death-bed had directed her executor to hand me two hundred dollars, which amount was most opportune. 6. Peculiar Persons and Proceedings. A Tamil proverb asks, "Are all stones rubies } " The pastor may expect to find some paste pearls in his congre- PECULIAR PERSONS. Sj gation. Every city pastor at least will have experience with cranks and impostors. In country villages and towns there are few dark courts or dark corners. In our cities there are resorts underground or shaded by high build- ings where the sun's rays never, and the police seldom, penetrate. If churches were gathered on a strictly elec- tive affinity basis, diversities would soon be developed. In the Eliot Church there was such a predominance of stable, sensible men and women, that occasional obliqui- ties created no serious disturbance. They called forth no remark ; silent pity and sometimes a little sanctified amuse- ment followed. In the course of thirty years there was a succession of exceptional members — usually but one or two at a time — whose peculiarities were no doubt needed to help on the perseverance of saints. One good man abounded in devices. He would bring forward this proposal and that proposal, yet scarcely ever showing good judgment, or securing concurrence. The only way was to practice a discreet disregard ; to listen courteously and then by a wholesome evasion of direct antagonism keep on in the path of common sense. He always took it kindly. Another man had a genius for obstruction. Let almost anything in the way of change be suggested with two good reasons, and his fertile con- servatism would conjure up three objections. This habit was so well understood as by reaction to help almost any wise measure. The ideal of self-satisfaction was embodied in a mem- 88 ELIOT MEMORIAL. ber of another church, who worshiped with us for a time. He was effusively ready to aid in all religious meetings. He kept on such excellent terms with himself that no hint could disturb the equanimity with which he poured forth the treasures of limitless talk. The uncharitable thought would sometimes creep into the minds of listeners that there was a little parade of Christian activity. In a street-car, crowded with gentlemen returning home bur- dened with the fatigue of the day, he happened at one time to be sitting next to me. Taking out a package of tracts he remarked, " We laymen must be on the alert to do good," and passed around, distributing to all who would receive. Two or three of the leaflets were put into pockets ; some went on to the floor and under the boots, while some went out of the windows. Louis, second son of Charles V of France, founded an order called, " The Order of the Porcupine." One of our number appeared to have been initiated. Quills were always ready to fly. A most uncomfortable habit of petu- lance had been cultivated till it seemed as if neither any- body nor anything could please. There was more than one prominent and worthy member of the church who might rise to offer prayer or offer remarks, and this brother would at once leave the chapel till the member sat down. There was no lemon to which he would not add a little acid. Fraternal labor with the malcontent seemed to be of no use, and at length he was let severely alone. If there is any nuisance greater than such an PECULIAR PERSONS. 89 affrontable man, it is the man who has a supreme knack at misunderstanding coupled with a persistent inabihty to accept explanations. Dr. Chalmers relates ' that a Pro- fessor at St. Andrews said to his students, " Gentlemen, there are just two things that never change. These are the fixed stars and the Scotch lairds." There is also a third small class. Among the hundreds in our fellow- ship there was one, and never but one such. His coun- tenance was a mirror to the disposition. As he went out from the store of an acquaintance a customer re- marked, " That face is a libel on Christianity." A city church is liable to the incursion of ecclesias- tical Bedouin, men wandering about and attaching them- selves nowhere. Among the transient there was a some- what pretentious family, who came from a remote part of the country. The father and husband was reported to be a judge. Our Sunday School needed a superintendent, and the inquiry went round, is not Judge Blank the man? All of a sudden the family were missing. No one knew where they had gone. It became evident that the man was indeed a judge of good living at the expense of others, for livery-stable men, marketmen and grocers found that heavy bills remained unpaid. This leads to a notice of one form of a pastor's ex- tra-parochial experience. The better informed impostors seem to understand that ministers are particularly fair game. Professional training is usually conducted under ^ Life of Dr. Thofnas Guthrie, I, 54. 9° ELIOT MEMORIAL. circumstances not suited to make them acquainted per- sonally with the ways of unprincipled men. Their very position seems to invite the wiles of accomplished knav- ery. One of the more common types is the footsore pedestrian, who professes to have been robbed or to have lost his portemonnaie, and desires to reach a given place as soon as possible. He has been summoned on account of the sickness of a mother, or perhaps a brother is at the point of death. The fare is only a dollar or two and will be returned promptly by mail. Not less than nine such have applied under a variety of pleas, often upon the alleged recommendation of Mr. So-and-So, who spoke of my great kindness and readiness to help the unfortu- nate. Particularly well do I remember a smooth-faced, precocious rogue, who called of a morning and asked for aid to get to Kenyon College, Ohio. He produced a forged letter of commendation over the name of a pro- fessor in Union College, stating that this was a "young man of great promise, indeed a genius." He evidently was a genius on one line. The evening paper of that day reported him as in the hands of the police for obtaining goods under false pretenses. Undeserving beggars when bafHed would sometimes pour out vials of wrathful reproach on the ministry. A female who came in, fawning and flattering unsuccessfully, left an odor of brandy that lasted longer than her free lecture to me on Christian charity. Then there was the tribe of aristocratic peddlers. A gentleman particularly PECULIAR PERSONS. well-dressed was announced as Mr. Harris in the parlor. Thinking it might be Dr. Harris of England, I left a sen- tence of my sermon unfinished and on reaching the par- lor received a hearty shake of the hand. " Dr. Thompson, can't I sell you a few cigars ? I have extra fine Havanas which I myself brought from Cuba. I supply the clergy almost exclusively. Dr. Putnam took a quantity and thought you might like to buy." I had understood that Rev. Dr. Putnam did not smoke. Besides never having had but one cigar in my mouth, and that for only two minutes in boyhood, I was not prepared to invest. The distinguished gentleman retired. At another time a card was sent up. A man portly and dignified enough for an alderman, cane in hand, stated that he called in behalf of his wealthy friend, Mr. Robinson of Brooklyn, New York. Mr. Robinson, a retired merchant, was about removing to Boston or vicinity, and having a family of children, would locate where the best schools were found. I was able to make very satisfactory representations regarding our schools, public and private. The gentleman thought his friend, Mr. Robinson, would undoubtedly locate here, and would of course attend the Eliot Church. Thanks were courteously expressed. On rising to retire, " By the way, I have called at the wholesale stationery establishments with a superior article of gold pens. I have only one box remaining. I always discount largely to ministers. I am just returning to New York, and if you would like this, you can have it for five dollars." I happened to be sup- 92 ELIOT MEMORIAL. plied and did not care to buy even in consideration of a rich prospective parishioner. It afterwards appeared, from similar calls on our pastors, that Mr. Robinson was ready- to join nearly all the Boston churches. Such are a few specimens of numerous peculiar classes of men and women who resort to their wits for a livelihood and who prey upon the clergy. The circumstances give little opportu- nity for attempts to do them good. The wandering troubadour is a nuisance still, as some- times in the thirteenth century. There comes to mind a peripatetic poet — he called himself a poet — who in- sisted on reading a Christmas poem more than fifty years ago. I tried to excuse myself from the pleasure of listen- ing to his performances, being in the midst of urgent pul- pit preparations, but to no purpose. Sit he would, and with provoking deliberation read foolscap page after page, spoiling the greater part of a forenoon. Not one line of genuine poetry did he get off; and all the compliments he got were before the rehearsal. But there is another class that occasion pain. It is no unusual thing for strangers laboring under some hallu- cination to present themselves. As often as once in six months for two or more years a man from out of town called on me, whose morbid conscience allowed him no rest and to whom plain common-sense suggestions brought no abiding relief. In other cases it might be a chimerical scheme for securing wealth, or for remedying a public abuse. Some fantastic notion would soon reveal a marred PECULIAR PERSONS. 93 intellect, and there are gradations from a simple in- firmity of judgment down to the farthest stretch of absurd- ity. Reasoning with them was of no avail ; kindness will not cure. The disordered visionar}^ is a candidate for the lunatic asylum; but it is no part of a minister's business to pronounce upon cerebral disease. His sympathies, how- ever, will be painfully stirred. Letters came to me, from which the following are extracts : " God has set me up as a perfect moral example in all respects to all men on earth "; " Note every word I say as coming from God himself " ; " As a true ambassador of Christ, and by the grace and wisdom of God, I declare to all men that dam- nation rests upon every soul that gives money to the poor, or to the missionary, however he professes the name of Christ, or gives money to the Bible cause." At one period there was a wanderer who would go into the prayer-meetings of our Roxbury churches, seldom more than twice in immediate succession. He was weak, ignorant, conceited and fanatical, claiming to have direct communication from God and also power to work miracles. If ever ranged, he was then undoubtedly deranged. As soon as opportunity offered, he would rise and either talk or pray indefinitely and incoherently. Two of our devo- tional gatherings had thus been spoiled. Upon his third appearance I took occasion to occupy the entire hour my- self, and the pitiable rover never put in an appearance again. There are two classes of vagrants, neither of which 94 ELIOT MEMORIAL. can be suspected of insanity or idiocy, that will bear pretty careful scrutiny, the boastfully philanthropic and the volubly pious. Specimens of each present them- selves not infrequently. The case of some church or in- stitution — it may be at the extreme south or on mission- ary ground — for which personal sacrifices are alleged to have been made, will be pleaded. Perhaps a mortgage is about to be foreclosed. Adequate vouchers are wanting, or if produced, suggest forgery. Thirty years ago a man, announcing himself as the Rev. Mr. , solicited funds in this neighborhood in aid of an orphan asylum for chil- dren of loyal citizens at Osceola, Alabama, if I remember rightly. Upon inquiry, it appeared that no such man was known there, nor any such institution ; that of the three trustees whose names he gave, two died ten years before, while the other had never been heard of. Some years later a richly-dressed woman, hailing from Savannah, Georgia, drove to my door in a handsome carriage. She was importuning for funds to buy herself a house, under the plea that she befriended Union prisoners at Ander- sonville. An individual professing to belong to a church, a Congregational church in a neighboring state, called a second time, after an interval of two or more years, with the same story about his prayers and his Christian hope- fulness. He seemed to have forgotten that he had ever been to my house before. I wrote to the pastor of the distant church and promptly received the following reply : PECULIAR PERSONS. 95 " There was formerly a man connected with our church by the name of . He was dropped from our roll for non-attendance and general neglect of covenant obligations. I think he is a thriftless fellow." It is better to be imposed upon occasionally than to have one's kind feelings and habit of helping the needy absolutely checked ; but caution is as much a duty as beneficence. The presumption is not always in favor of roving mendicants. That generation, ingenious and bold, seems not to be dying out. CHAPTER VIII. CHURCH FUNCTIONS. /. Sacramental Services. Hallowed as are these seasons, and deeply as they are enjoyed on alternate months through the year, not a great deal need be said of them. The sacred supper is too profoundly yet plainly significant to be much talked about. For adoration and gratitude there will indeed be endless scope. No other event, from creation to the final conflagration, can compare with the death of Christ. That was something more and other than martyrdom, something else than an event in the natural course of things, a result of mere development. It was specially designed by infinite wisdom ; it was the provision of in- finite love, indispensable to the salvation of sinners. Christ came " to save that which was lost ; " and " With- out shedding of blood is no remission." The bleat of sacrificial innocence had for thousands of years prefig- ured this offering of the Lamb of God. No mortal ear before or since ever caught so weighty an utterance as " It is finished." Atonement was then accomplished. The most blameless being on earth was the greatest suf- ferer earth ever saw, and not one pang was deserved by him. All was for guilty men. By his own free choice the scourging fell on him instead of us. Here is the CHURCH FUNCTIONS. 97 crowning miracle of all duration ; here the basis of for- giveness; here the heart of the Gospel. Holy, harmless, undefiled, separate from sinners, he put himself in the place of sinners. Christ's body was broken, his " precious blood " " shed for the remission of sins." The only alternative now is pardon and life eternal through Christ, or else sinners unforgiven and unsanctified ; it is Calvary or the other side of the impassable gulf. " He that believeth on the Son hath everlasting life ; and he that believeth not the Son shall not see life ; but the wrath of God abideth on him." So saith the faithful and true Witness. If I believe him I must believe on him. We have " Peace through the blood of his cross " alone. The rending of rocks was not so wonderful as the broken heart of the crucified thief and the assurance to him of salvation that very day. The cry " I thirst," signified there need be no vain cry for a drop of water to cool the tongue of any one "tormented in this flame." Sacred raptures swell the heart while contemplating the supreme fact of the atoning sacrifice, its infinitely mo- mentous result of heaven and earth reconciled ; God's love of man and his abhorrence of sin set forth; the beauty of transcendent grace and the glory of divine justice com- bined in unutterable splendor on the cross. In symbols of utmost simplicity we " Behold the Lamb of God that taketh away the sin of the world," standing out distinctly before the eye of faith. Was there not unsurpassed moral sublimity when our Lord, " The same night in which he 98 ELIOT MEMORIAL. was betrayed," breaking the bread and taking the cup, " gave thanks ? " Was he not aware of his vast resources of suffering ? Could he not foresee how all waves and bil- lows would soon go over him ? Yet he gave thanks. What a eucharist then should this ordinance be for ran- somed sinners ! And never has such joy unspeakable and full of glory been experienced as when believers sit at the table of sacramental fellowship. If there is any service from which all sense of hurry and all irrelevant thoughts should be banished, it is this memorial of boundless divine love. In order to secure perfect quietness and appropriate concentration of thought, our church transferred the obser- vance to the after part of Lord's Day, devoting the entire time to this and the companion ordinance. The enjoyments of those seasons were usually heightened by new accessions of communicants. Only a few of the eight-score such seasons passed without a wel- come to some who joined our ranks from other churches, or else on their first public confession of faith. In one instance there were a little over thirty, more than half of whom belonged to the latter class, and in another instance nearly fifty, all but ten of them recent converts. On the occasion of a young lady coming forward quite alone to confess Christ, I simply said, " Is there but one to enjoy this privilege? " and that was blessed to the conversion of a companion of hers. At another time, as I was pro- nouncing the Master's words, " Ye do show the Lord's death till he come," an officer of the church whispered in CHURCH FUNCTIONS. 99 my ear, " Mrs. Blank is dying." The Master had come and was calling for her. She was about to drink the fruit of the vine with Him new in the Father's kingdom. In the reading of the Articles of Faith and the Cov- enant there did not seem to be all of heartiness that the occasion required. Hence was introduced the custom of giving a right-hand of fellowship in behalf of the church to each new member at the time of public recognition, together with a verse of Scripture and a few words of welcome. In case a large number were received a collec- tive greeting was given, some one as a representative of the whole receiving the right-hand.' The baptism of children usually took place at the same hour with the commemorative supper. When par- ents present children for the sealing ordinance their minds are naturally occupied more or less with outward care of the little folks. Hence an exposition of the rite, which is read publicly at the time, may well be privately pon- dered beforehand. A copy of the following was season- ably handed them : — BAPTISMAL SERVICE. The rite now to be administered is no human invention, but is a divine ordinance. Baptism is a SIGN. It signifies that salvation is from God, into whose triune name as the One purposing, procuring, and applying re- ' When this was mentioned at the Monday Meeting of Pastors, several of them said they should adopt the practice. lOO ELIOT MEMORIAL. demption, our offspring are baptized. It suggests that the adopting favor of God comes through " sprinkling of the blood of Jesus Christ." Herein is a SEAL. An agreement between the believing parent and the God of Abraham in behalf of the child is thus ratified. Trusting the Word of him who keepeth covenant and showeth mercy, the parent engages to train the child " in the nurture and admonition of the Lord." He whose Word cannot be broken promises, " I will be a God unto thee and to thy stied after thee." In the presence of witnesses sacramental water seals this compact. Herein are BENEFITS. The ordinance secures to the child a recognized place in the devout interest of the church. It gives dis- tinctness to the highest of parental duties and privileges. It is a testi- mony to the covenanted faithfulness of our God. " The mercy of the Lord is from everlasting to everlasting upon them that fear Him, and His righteousness unto children's children to such as keep His covenant, and to those that remember His commandments to do them." " For the promise is unto you and to your children, and to all that are afar off, even as many as the Lord our God shall call." " And if ye be Christ's, then are ye Abraham's seed and heirs according to the promise." " Jesus called them unto Him and said : ' Suffer little children to come unto Me, and forbid them not, for of such is the kingdom of God.' " 2. Church Prayer Meeting. A threadbare repetition of the remark that man is a social being goes on. But the Christian man's experience and new relations demand a fellowship as peculiar as his changed moral position. The clique, the league, the club do not meet the case. There is needed something else CHURCH FUNCTIONS. than conviviality, something more than mere neighborly- gathering together. Nothing short of a hallowed soiree will meet the case, where a genuine, fraternal feeling pre- vails, where no selfish aim is entertained, where mutual confidence exists, where the unseen loving cup goes round, where the service of song lifts the soul well up toward heaven. All is in the name of Christ. Every one feels that he is where a blessed joint-stock exists ; that here he is in the bosom of a family, the relationship of which is more intimate and more saintly than what blood in any degree of kinship can give. Is any absentee sick or be- reaved ? There is a tender and devout remembrance of such. The church prayer meeting is a school of culture, the like of which can be found nowhere except in the presence and under the guidance of the Great Master. Its need and benefits are now widely admitted. As a method of church fellowship it ranks next to the sacramental sup- per. It is a normal school of Christian communion, where the social element, hallowed and beautified by common thanksgiving, praise and intercession, has free exercise. If in the laws of Moses there is no requirement, there is also no prohibition of such gatherings. It is a significant fact that the present dispensation, the dispensation of the Holy Spirit, the dispensation of freedom, of stimulus for diffusion, should open with the longest prayer meeting on record. The early Christians maintained the usage in private houses, by a river-side, or wherever convenience and safety might suggest. This practice continued as I02 ELIOT MEMORIAL. long as a fair measure of purity and spirituality con- tinued. " We come," says Turtullian in the second cen- tury, " by troops to make our prayers to God ; that being banded, as it were, together, we may with a strong hand sue to him for his favor. This violence is grateful unto God." For substance Ambrose in the fourth century has the same : " Many of the meanest being gathered together unanimously become great. It is impossible that the prayers of many should be contemned." During the spiritual decline which accompanied the introduction of Unitarianism into Eastern Massachusetts the prayer meeting waned sensibly. Laymen took no part. Those members of the Old South Church, Bos- ton, who were preparing to establish Park Street Church, did not deem it proper that any of their number should lead in their devotions. At private gatherings they either omitted audible prayer wholly, or else requested Dr. Eckley to officiate.' When the late Dr. Storrs was settled in Braintree he found that social prayer meetings had long fallen into disuse. It was six months before he could per- suade a layman to offer prayer or say a word at such con- ferences.^ Dr. William Goodell says regarding Temple- ton, that the pastor, Mr. Sparhawk, considered prayer meet- ings and revivals as pure innovations. Although his dea- cons were exemplary men, no one of them ever opened ' Congregational Quarterly. October, i860. ' Professor Park's Sermon at the Funeral of Dr. Storrs. CHURCH FUNCTIONS. IO3 his lips in public prayer or exhortation. The people nat- urally slid down into Unitarianism.' The Eliot Church was the offspring of prayer. Weekly gatherings for conference and supplication were held be- fore the calling of an ecclesiastical council, and have since been maintained without interruption. In the midst of mid-winter storms the attendance has sometimes been small, but the service all the more free and enjoyable. At such times we have formed a hollow square of settees, and all gathered close together occupying a space less than half of an average parlor. The service would easily take a conversational form, and personal experiences would come to the front, though with due reserve. Such house- hold freedom suggests thanksgiving rather than complain- ing about storm and cold. At one meeting of that kind was a little boy nine years old, who came with his father. He rose and without hesitation offered the Lord's Prayer very appropriately. His Sunday School teacher, a man forty years of age, and four years a church member, always declined taking an active part in social meetings. The larger attendance would modify but not suppress individual liberty. Perfection of method is not easily at- tained. Sometimes there is preaching in prayer, some- times prolixity. The power of condensation seems not to be a general gift. Nor is directness and ability to keep to a specified topic. This is by no means peculiar to laymen. At annual meetings of the American Board I have re- * Forty Years in the Turkish Empire. 16. I04 ELIOT MEMORIAL. peatedly noticed that when some paper had been read, or when in some other way an important subject had been introduced, a minister would be called upon to offer prayer and yet fail entirely to touch the particular theme then before the assembly. A narrow, uniform, stereotyped round of supplication betrays a sad devotional poverty. Bishop Simson said to a friend with whom he was returning from a religious service, " That was a beautiful prayer we heard." " Yes," replied his friend, " it was so, but I have heard it for the last twenty years." ' The Eliot Church has happily never fallen into the ambitious habit of getting the largest number possible to take active part in any given service. The gallop is hardly the appropriate gait on such an occasion. A meeting may be called spirited and yet be barren of spiritual influence. With a view to promoting individual and collective benefit I prepared (1858), and from time to time distributed, a leaflet entitled " Our Prayer Meeting." ^ It evidently ^ How to Conduct Prayer Meetings. 87. 2 OUR PRAYER MEETING. I. I purpose to be there regularly and punctually. " Not forsaking the assembling of ourselves together." II. I will endeavor to draw others to the meeting. " Come thou with us, and we will do thee good." III. Before entering the place of prayer I will ask the Saviour's presence. " We would see Jesus." IV. I will not, unless it is necessary, occupy a back seat. " How pleasant it is for brethren to dwell together in unity." CHURCH FUNCTIONS. I05 proved helpful. Either with or without permission, and either with or without additions, it has been revised by individuals and publishing societies in this country, as well as in England and Australia, besides being trans- lated into Marathi. Mr. H. E. Simmons, then of Boston, told me in 1869 that he had already sold 34,000 copies. In every brotherhood, of any considerable age and size, there will perhaps be found here and there one who is never seen at a devotional gathering; but let there come before the body a case of discipline, or the dismission of a pastor, and such men are on hand. They are not likely to be called upon to pray, and their sympathies for an offending brother are sure to be as pronounced as their prejudice against the minister. I was once talking with V. I will not so seat myself as to hinder others from occupying the same settee with me. " Be courteous." VI. I will refrain from fault-finding, and will not indulge a criticis- ing spirit. " Be ye kindly affectioned one to another." VII. I will not expressly dissent from one who has spoken, and will avoid giving the impression of variance of feeling. " That they may be made perfect in one." VIII. So far as is consistent, I will assist actively in the exercises, by testifying to the love of Christ, by exhortation, by a passage of Scripture, a hymn, a stanza, or otherwise. " Let the word of Christ dwell in you richly in all wisdom, teaching and admonishing one another in psalms, and hymns, and spiritual songs." IX. I will not decline to lead in prayer, and in offering prayer will begin with the subject in hand, and in aid of what has just been said. " Ye also helping together by prayer for us." X. If I offer the first prayer, it shall be chiefly an invocation, ask ing the Saviour's special presence and aid. " For without me ye can do nothing." lo6 ELIOT MEMORIAL. a neighboring pastor of long experience, who had had occasion to notice this circumstance, and who remarked, " Thou makest darkness, and it is night, wherein all beasts of the forest do creep forth." Needless absence from the stated meeting may always be assumed to involve loss. Did Thomas ever cease while life lasted, to lament his not being present when fellow dis- ciples first met their risen Lord ? Whoever may fail, the Lord does not. Was the indefatigable Felix Neff amidst the snows of the high Alps wholly mistaken ? " I am con- firmed in the opinion," said he, " that whosoever, even were he an angel, should neglect such meetings, under any pretext whatever, is very little to be depended on, and cannot be reckoned among the sheep of Christ's fold." XI. My prayers or remarks shall not be long. " For God is in heaven, and thou upon earth ; therefore let thy words be few." XII. I will not seem to harangue nor teach in prayer, as though I were thinking of man more than of God. ■' We speak before God in Christ." XIII. I will not speak merely to fill a vacancy, but will rather offer prayer during pauses in the meeting. " That thy benefit should not be as it were of necessity, but willingly." XIV. I will not needlessly expose any want of faith, or other dis- couragements. " Who is fearful and faint-hearted, let him return." XV. I will cultivate enlargement of faith and desires. " Let us therefore come boldly unto the throne of grace." XVI. On leaving the place I will endeavor to maintain a devout frame of mind. " Continue in prayer." XVII. I will also endeavor to use all means suited to secure the bless- ings for which I have prayed. " Faith, without works, is dead also." CHURCH FUNCTIONS. 107 In attending by invitation the one hundred and fiftieth anniversary of the church at Pomphret, Conn., I was much impressed by a remark of Governor Buckingham of that state. After the chief services of the day he was urged to remain to a reception and reunion in the evening. " I must return to Norwich," he repHed, " to attend the prayer meeting of our church." As a general thing the Eliot Church maintained a good attendance at its week-day meeting. It was no un- usual thing for business men to stop at the chapel on the way from Boston at evening in order to enjoy the devo- tional hour before going home to the principal meal of the day. " They continued steadfastly in the apostle's doc- trine and fellowship and in prayers." Never was the dread- ful sentence heard, " Sleep on now." Often was the testi- mony heard, " It is good for us to be here." Many a memorial stone was set up at our Mizpeh, inscribed, " Hith- erto hath the Lord helped us." Earnest specific intercession was encouraged, and results such as the following not infrequently came to light. In 1866 I met with a lady who had been very gay, but who joined our congregation and not long after adopted an entirely new mode of life. Calling on her mother, a Christian woman — they did not live together — I found that for two weeks she had been praying for that daugh- ter, with such a burden upon her heart as to deprive her of rest at night. At length she became composed, resolv- ing to leave the case with God. The same day the daugh- Io8 ELIOT MEMORIAL. ter announced her conversion. Manifest spiritual quicken- ing was enjoyed, Christian activity was promoted, and Sunday congregations gave evidence of special divine in- fluences. Not infrequently has written testimony to the power and value of those meetings come from members in remote parts of our land as well as from some in foreign countries. The chief criticism that I should offer, respects a certain tardiness in appreciating the privilege of asking and expecting great things; the duty of interceding up to the measure of divine assurances and the might of Christ's mediation. It did not seem to be generally apprehended that the sun can as easily illumine a hemisphere as a humble cottage. Apparent deafness on high is only the coldness of unbelief here below. J. Special Chtirck Fellowship, Somewhere in the sixties there began the custom of a gathering — it might be only annual, or it might be oftener — for special church fellowship. It was confined exclusively to our own members. Being by itself, the church had a favorable opportunity to cultivate a sense of unity. There was manifestly a home feeling. The pastor could speak of some things much more freely and confi- dentially than if others, though Christian men and women, were present. It was a family gathering. There was felt to be a community of interests and responsibilities. At the time of the first assemblage of this sort there seemed to be a critical juncture. There was an increased CHURCH FUNCTIONS. 109 numerical amount of prayers in the congregation without a corresponding increase of earnest prayerfulness. There were encouraging tokens, there was a quickened religious expectancy, and yet a degree of hesitancy. It appeared as if God were putting us upon trial, intimating a great bless- ing, and then waiting to see if the church appreciated the intimation. We had been reading the thirteenth and four- teenth chapters of Numbers, and the consequences of fail- ure in loyalty at an emergency were fresh in mind. Israel had reached the southern border of Canaan ; their unbe- lief and cowardice were the only reasons why they could not at once enter, conquer and possess the promised land. But they became faint-hearted. They would not meet the demands of Providence, nor trust in the Lord God of Sabaoth. Shrinking from duty and privilege cost them years of hardship and unblessed wandering as a penal con- sequence. It is most hazardous for a church to hesitate when a juncture evidently favorable for going forward pre- sents itself. The brotherhood were told plainly that there seemed to be little of confession, little brokenness of heart and tenderness. The specialty of the time called for such plain deal- ing, and it was evidently blessed. Soon after that another similar meeting was held, and the result more than justi- fied the occasion. The practice of assembling thus, at least once a year, became established. As soon, however, as it became a fixed observance at a particular date, it naturally ceased to be followed by marked spiritual bene- ELIOT MEMORIAL. fits. But other results — and they are not unimportant — followed. We had the chief area of our chapel floor cleared of seats, and an opportunity thus secured for un- embarrassed intermingling of members. A chief feature of the occasion then was freedom and exhilarating cheer- fulness of greetings and fraternal intercourse. The amount of smiles and reciprocal cordiality on the part even of those not previously acquainted was refreshing to behold. Little alienations were healed. Some confessed they had not before known what church fellowship was. I am not aware that any one present at those AgapcE had any other feeling than that of satisfaction. Some I know were de- lighted. Owing probably to their speaking of it elsewhere, letters came to me from ministers making inquiry about the method and results of such fellowship meetings. 4. Church Discipline. No injunctions of the New Testament are more posi- tive than those which require the maintenance of sound doctrine and good order in the church, " A man that is heretical, after a first and second admonition, refuse " (Titus 3: 10). "Now we command you, brethren, in the name of our Lord Jesus Christ, that ye withdraw your- selves from every brother that walketh disorderly and not after the tradition which he received of us " (2 Thess. 3 : 6). To disregard these requirements when known cases of offence exist, is to incur disapprobation from the CHURCH FUNCTIONS. Head of the Church. To enter upon the work of eccle- siastical censure in an unchristian spirit, or to pursue it in unscriptural methods is also to provoke divine displeasure. The proper way of i^roceeding is plainly pointed out in the eighteenth chapter of Matthew's Gospel. The welfare of the brotherhood by reclaiming the offender should always be the aim. And the latter may generally be expected. " Brethren, if a man be overtaken in a fault, ye which are spiritual restore such an one in the spirit of meekness, con- sidering thyself lest thou also be tempted." It should be remembered that when an individual member is under dis- cipline, the whole church is also virtually on trial. It will appear what the spirit of the whole body is ; whether re- sentments exist, or whether God's honor is the inspiring motive. No small amount of prayer and sanctified self- control will generally be required. It is a gratifying remembrance that the several cases which came before the Eliot Church were conducted in strict conformity with established rules and for the most part in apparently an excellent spirit. The required pre- liminary steps were taken and much pains bestowed upon efforts to reclaim. In no instance was there any precipi- tancy in bringing a case before the church for adjudica- tion. Several members who at different times had been labored with privately, came before the church with frank confessions, and received tokens of renewed fraternal con- fidence. One who had been cut off removed his residence, but the discipline was blessed to his conversion. He 112 ELIOT MEMORIAL. joined another church with our cognizance, and on mov- ing back to Roxbury, brought a letter of recommendation and was welcomed to our fellowship once more. In e very- case of persistent failure to do this unanimity, or proxi- mate unanimity for the withdrawment of fellowship, was secured. One, for example, was that of a man who, after becoming a spiritualist, renounced the authority of Sacred Scripture and the validity of all fundamental doctrines of Christianity. So serenely self-satisfied was he in the re- nunciation of church vows as to quietly admit the pro- priety of his excommunication. There were two or three individuals who would have been glad to have some standing rule adopted by which " members whose doctrinal views have undergone a radical change may receive a certificate of good moral character, and when received by any church with which ours has no fellowship, the relation shall be considered at an end." But an authority a good deal higher than any treatise on Congregationalism says "refuse." And it further reads: " There arose false prophets also among the people, as among you also there shall be false teachers, who shall privily bring in destructive heresies, denying even the Mas- ter that bought them, bringing upon themselves swift de- struction" (2 Peter 2 : i). The proper method seems to be laid dowai explicitly and is exclusive, no other having scriptural sanction. Unfeigned tenderness should be shown and patient labor put forth to convince and reclaim the erring one. The Bible holds men no less responsible for CHURCH FUNCTIONS. II3 their belief than for their Hves. The church is made the practical depository and witness of the great essentials of our religion. In the ver}' basis of the church there is a compound contract, a contract between each member and the rest of the brotherhood; also between the church in its collective capacity and the triune God. The contract is entered into with more solemnity, and is one to which attaches no less sanctity than to any other on earth. The perpetuity of its obligation when assumed is understood. The proposed method of easy slipping out of the church involves the following interpretation of language : " Be- loved in the Lord, let it not be forgotten that you have here come under obligations from which you cannot escape " till you change your views on the essentials of Christianity ; "you can never withdraw from the covenant which has now been confirmed " till you become a Unitarian or a Roman Catholic. In an analogous compact the tenor would be, " You severally promise to love, cherish and honor each other," till you see some one you like better; "What God hath joined together let not man put asun- der," till you change your minds, and then you shall be mutually and honorably discharged. 5. Revivals. The history of revivals records the fact that seasons of special spiritual quickening have sometimes followed immediately upon painful cases of discipline. No trying 114 ELIOT MEMORIAL. duty discharged in reliance upon divine aid ever fails to bring a blessing. Kind fidelity in the several stages of a process suggests vividly the liabilities of temptation, of backsliding, not to speak of utter apostasy. Those engag- ing duly in this function can hardly refrain from humbling themselves before God and adorinor the Qrrace which has kept them from falling. The Eliot Church is not without illustrative examples in that line. Every instance of dis- cipline — whether the subject thereof was reclaimed, or was finally excluded from fellowship — served to bind the brotherhood together in closer bonds as well as to heighten a conception of the true design and the sacred obligations of a church. The theory of uniform spiritual advance on the part of an individual and a covenanted community is seldom borne out by facts. There may be no law of unequal de- velopment, but ^'ariations of temperament as well as of temper are matters of universal experience. Piety may be real, though depressed and only latent. Slumber and death are different conditions. We would advocate and labor for steady growth ; and yet not be surprised at more or less of the occasional and even the spasmodic. Crises may be looked for in individual and in collective life. An exhibition, too, of infirmities may be expected. One and another will purpose some specialty, such perhaps as they have read of, or have witnessed in another denomination, or in the methods of some evangelist. I recall an indi- vidual, not commanding deep respect, who had pretty CHURCH FUNCTIONS. II5 much ceased to attend upon stated church observances. But in more than one instance, after increased spiritual earnestness had become general and meetings were crowded, he would come in of an evening and take early opportunity to complain of the low state of religion and to propose certain special measures with reference to a revival. If the thing had been less painful it would have been more ludicrous. The seasons referred to were seasons of marked moral earnestness. They were epochs of special prayer, of wrest- ling importunity in supplication. There was a quietus to bickerings and heart-burnings. Formality gave way. Re- ligious sensibility was manifest, a cord of spiritual sym- pathy linking together an entire assembly in a sacred magnetism. Little if any unhallowed enthusiasm showed itself and still less of fanaticism. Mental balance was pre- served. The solemnity was usually deep, yet radiant; exhaustion did not follow, but a refreshing sense of things heavenly and divine, an elevating and restful apprehension of the great things of the kingdom. There was no need of setting about to prove the personality of the Holy Spirit, the gracious sincerity of Jesus Christ in his invita- tions, or his ability to save to the uttermost. Pungent conviction of sin and a penitent discovery of its just condemnation silenced quarrelling with God on account of his sovereignty in saving men and his righteousness in punishing forever the finally impenitent. Several of our church members privately acknowl- Il6 ELIOT MEMORIAL. edged to having previously entertained only a false hope and to being now apparently born again. So, too, mem- bers of other churches. One case of that kind is very dis- tinctly remembered, that of a family from the north of Ireland, the husband having been connected with the Episcopal Church and the wife with a Presbyterian Church. Both became convinced about the same time that by experience they had known nothing of vital piety. Both were converted, and in accordance with their own decided wish joined others in a public confession. The joy of converts did not become effervescent or boisterous ; deep streams are never noisy. Neighboring pastors kindly rendered assistance at a special week-day evening service ; and in a few instances aid was given by them on Lord's Day. This accords with what took place among the earliest fishers of men : " They beckoned to their partners in the other ship that they should come and help them." No professional evangelist was called in ; no mention was made of the anxious seat ; none were asked to rise for prayer ; but ample opportunity was given for quiet and orderly after-meetings ; or for other separate gatherings of inquirers as well as for the special instruc- tion of professed converts. A good many new family altars were set up. I heard of three such on one day. Some years the harvests were noteworthy, for example, in 1858 forty-five joined our church on first public confes- sion of faith, and sixty-nine in 1866. The accessions were not always from those who had previously belonged to CHURCH FUNCTIONS. I17 the Eliot congregation. Returning home after an im- pressive evening service I found three young men in my study, one of them from a Unitarian family. He was deeply wrought upon ; I had seen no one so agitated and distressed. He told me that some of the young men in the mercantile house where he was a clerk requested the privilege, the day before, of holding a prayer meeting in the attic of the store. Permission was readily given, and thirteen assembled. A few days later I called on a young lady who had begun to worship with us. I talked very freely and plainly with her for a time, when her mother, a Unitarian lady, coming in from a side room re- marked that she had overheard what was said and was glad that I called, adding that she desired her daughter should become a Christian ; that she herself had prayed for it and had no objection to her becoming a Trinitarian. She expressed dissatisfaction with the preaching where she usually worshiped as greatly lacking in spiritual power. During the same season I noticed a young man, a stranger, in one of the galleries listening with peculiarly earnest attention. It appeared that he was a Universalist visiting a friend in the neighborhood. It was not long before he avowed himself not only an evangelical believer but a " new man in Christ." These were not solitary cases of the kind and yet such were not numerous. Two classes of persons, very limited in number, seemed to be least responsive to revival influences. One was in- veterate novel readers. To single out a specimen — hap- Il8 ELIOT MEMORIAL. pily an extreme instance — mention may be made of a married lady who had been in the congregation only a few months. Her church membership was elsewhere. Her mind had become drenched with romance, and hence enervated. The pathetic would call forth tears, but char- acter will always deteriorate when awakened sensibilities lead to no practical beneficence. She had been living, or rather flitting about in an unreal world where common sense was a stranger. She confessed to having no sense of sin and was so unreflectingly ignorant as to ask if I thought she had done wrong at all, adding that she did not know it was necessary for her to feel her sinfulness, " because it is the heart and not she herself that is de- praved ! " I have met with no other case of more obvious heathenism except in India. Instances of a decidedly morbid condition of mind, developing at length into evident melancholia, if not un- mistakable derangement, were various. Of the following, though not generally understood, I had full cognizance. A man highly respected, a man of blameless life, standing in his lot, taking active and acceptable part in church ser- vices, came to me at length repeatedly, saying that he had no evidence of being a Christian ; that what he attempted in the line of social duties was purely from a sense of duty ; that there was no elasticity of soul in him. His own language was such as this in part : " Christ always seems at a distance ; there is a dreadful dimness and an awful blank in my mind; it is not the thought of hell CHURCH FUNCTIONS. II9 particularly that moves me; I cannot feel anything; the hardness is awful ; I cannot live so, I cannot die so. It would be a fearful thing to send for you and make this disclosure on my death-bed." Though a man of more than usual self-control, he wept profusely. For a good while he was in deep waters, depth calling unto depth in slowly increasing terror of despair. No words, no devices seemed to relieve the gloom. What could the pastor do but with an aching heart commend the case to Him who alone understands all the mysterious maladies of mind ! Among the evidences of religious advance was in- creased fidelity in the Sunday School. Class prayer meet- ings were held ; teachers and converted pupils would enter into devotional engagements to remember definitely certain unconverted pupils at some stated hour. Such covenants bore fruit. The ease with which merely social gatherings would take on a religious character was noticeable. So, too, the heartiness of Christian greetings and the readi- ness for outside Christian work. The year 1858 was one of widespread spiritual bless- ing. A statement was published in the Spring of that year that five vessels came into the port of New York at different times, on board which prayer meetings had been established, of course without any concert between the captains. With that I have since associated a young man, then belonging to our congregation, who sailed the year before for Australia. Returning in 1858, he told me that on approaching the coast he became seriously impressed, ELIOT MEMORIAL. and so continued till he reached home. He remained here less than two weeks, and before sailing again for Singapore he entertained a Christian hope. He was a child of the covenant, the pious father and mother having both deceased. Earl}^ in my pastorate, finding that the congregation was made up chiefly of those who came from Boston or elsewhere, with little or no previous mutual acquaintance ; that there was almost no local intercourse, hence but slight knowledge of one another, as most of the men went daily in town to business, I began to despair regarding the usual media of religious influence. If some one should be converted, who would know it ? How could a spark of spiritual influence be reasonably expected to communicate itself to others ? Soon after such dispiriting questions had arisen, I found in the course of the same week here and there several individuals decidedly awak- ened. That took place independently of one another, for they were not acquaintances and had had no intercommu- nication. It of course occurred to me more distinctly than ever before that the dews of divine grace come silently from above and require no horizontal channels; that there is a wide difference between a revival gotten up and one that comes down ; that while God is ever ready to accept cooperation from many, he never stands in need of human agency. CHAPTER IX ELIOT SUNDAY SCHOOL. The Sunday School as a methc \ of religious educa- tion is not so peculiarly a modern i ^titution as has been supposed. More than a century before Robert Raikes employed women (1781) to teach the waifs of Gloucester streets, England, a Sunday School had been instituted by the First Church in Roxbury. E )t himself maintained that " The care of the lambs is one-third part of the charge over the Church of God." It has been affirmed that " The Sunday School of the West Boston Society " was the earliest established in this city. It was the off- spring of the " West Boston Charity School," later known as the " West Parish Sewing School." ' It appears to have been a school for girls only. A similar school for boys was established in 1827, and the two were united in 1832. But Mrs. Susan E. Parker, sister of the late Dr. S. F. Smith — now aged ninety-five — stated before her memory failed in the least, if it has yet failed, that on June 14, 18 1 5, a Sabbath School was gathered at Christ Church, the historical Old North Church. The Rev. Dr. Asa Eaton was then rector. A house-to-house visitation had been made, and three hundred and sixty-five scholars were ^ T/ie West Church and its Ministers. Boston, 1856, pp. 217, 218. ELIOT MEMORIAL, enrolled. A list still remains hanging in the room where the school was organized in 1817. It was a strictly mis- sion school, the children of Christian households not being admitted. For that reason Mrs. Parker herself could not become a member. The first superintendent, Mr. Joseph W. Ingraham, continued in that office for twenty-five years.' When schools, especially those of a missionary char- acter, came to be established in Boston during the first half of the nineteenth century they did not enlist general favor at first. It was in the midst of the Unitarian discussion and the running of denominational lines. That in School Street was one. It was first opened in an old public schoolhouse at the lower end of Bedford Street. William Thurston, Esq., a prominent lawyer, made statements to a few friends who had come together, re- garding the success of Sabbath Schools in England. Fami- lies in the neighborhood were visited with a view to finding whether scholars could be obtained. A goodly number were at once secured. Other public schoolhouses were opened for the same purpose. The Mayor sent to Mr. John Gulliver — an active man in the Orthodox ranks — and frankly admitted that there was a desire to exclude the schools from city buildings. Not long after, Mr. Gul- liver found the front door of the schoolhouse one Sunday morning could not be opened. Entrance was effected * The Sunday School Times, July 4, 1896. Memories of Boston's First Sunday School. By Harriette Knight Smith. ELIOT SUNDAY SCHOOL. 123 through a window, and half a cord of wood was found piled against the door. That being removed, the Sunday School went on as usual. A public meeting was called, that by a vote the schools might be excluded. Mr. Thurs- ton and other gentlemen made addresses so effectively in favor of the religious movement that a large majority favored granting the use of as many of the schoolhouses as were needed. Our Eliot Sunday School was organized on the third Sunday of July, 1834, nearly two months be- fore the formation of the church. Forty-one persons met in the stone building near our present place of worship, twenty-five of whom were enrolled as scholars, fifteen as teachers, Mr. Alvah Kittredge being chosen superintend- ent. There was a twin-birth that Sunday morning. Mr. Kittredge saw for the first time his youngest son — now Rev. Dr. Abbot Eliot Kittredge of New York — and then hastened to join the company where this school was organized. After something more than a year, the meet- ing-house being finished, the school removed to the lecture room underneath, the average attendance of pupils having been about forty. After twenty-five years it was found that the attendance had come to be not far from two hundred. Mr. Kittredge continued most faithfully and acceptably in office as head of the school for a quarter of a century, when he resigned and took the place of a teacher. Upon a review at the time of his resigning, it was found that seven teachers and forty-three pupils had been re- moved by death. 124 ELIOT MEMORIAL. Of those who had been scholars thirty-one became college graduates, and at the date now in mind (1859) seven had become pastors of churches, four others were preachers, and one was an accepted missionary of the American Board. Twelve ministers of the gospel came out of the school before its silver anniversary, and an equal number of female pupils became the wives of clergy- men. During the period now spoken of two thousand one hundred and twenty scholars had been registered, a large proportion of whom (1700) had left and were scat- tered widely through the country, besides quite a number in foreign lands. Of that dispersion more than half were professing Christians. The family and the sanctuary usu- ally furnish concurrent influences that issue at length in conversion, but it should be stated with devout gratitude that during our first twenty-five years the church wel- comed to its communion more than one hundred and fifty from this school, while many who dated the commence- ment of their spiritual life here made public profession after removing elsewhere. I was in the habit of visiting this as well as our Mission School often — upon an average, three times a month — and of sitting down with classes successively, asking questions or remarking on the lesson of the day. Acquaintance with names, faces and habits was thus secured. I feared at first this would prove an undesirable interruption and possibly an annoyance, but teachers soon began to request such visits. There was opportunity also ELIOT SUNDAY SCHOOL. 1 25 for observing aptitude, or a want of it, on the part of teachers. As a general thing, they were devoted and suc- cessful. I learned highly to value those unpaid colleagues in the sphere of religious training. One or two sad ex- ceptions came under my eye — for instance, a man in charge of a class of young men, who was soon through with what appeared to be a perfunctory exercise. New members were brought in but presently left. They found nothing to interest them. Another teacher by tardiness ran out a class. From time to time I gave small blank books to teachers, returnable to me with private memo- randa regarding individual pupils. A visitor will light upon oddities. During an exer- cise on the transfiguration a class of girls were asked, How Moses and Elijah could have been recognized } A bright Miss replied that she supposed the disciples had seen their photographs. An ignorant young man who had never before attended a Sunday School, or been in the habit of reading the Bible, joined our Bible Class and professed to become at once interested in the subject of personal religion. Within a fortnight after that he came to me, saying that he had examined the matter of baptism and found that immersion was the only proper method. Familiarity with the Sunday School reveals acquaint- ance with families represented there, and is specially help- ful in pastoral visits. Innumerable interesting incidents came to light. One must sufifice here. A mother died, leaving three children, the eldest a lad of ten years. The 126 ELIOT MEMORIAL. father soon began family worship, but was often absent from home, being the traveling member of a Boston firm. During the father's absence this little boy, a member of the school, asked if he might keep up family worship. He read a chapter from the Bible regularly, then kneeled down, a younger sister each side of him, and offered ex- temporaneous prayer, closing with the Lord's Prayer, in which the sisters joined. Both grandmothers, each about sixty years of age, were present morning and evening. Now and then I preached to the two schools gath- ered with others into our place of worship, which was crowded. I usually attended the teachers' meetings. When absent from the country I sometimes wrote let- ters to the school, and on returning from a visit to Pales- tine, brought pressed flowers from Jerusalem and the neigh- borhood, mounted on cardboard, one for each of the scholars in our two schools ; a larger one for the teachers, and one yet larger for each superintendent. There was gradually disclosed a tendency to adminis- ter the school with reference to the Monthly Concert, rehearsals and other preparations occupying a dispropor- tionate amount of time that was needed for more im- portant purposes. There was an excessive demand for entertainment, and the concert was liable to become a mere exhibition. After intimate acquaintance with the working and spirit of our school had been established, it seemed to me to be regarded too much as an independent and outside affair, instead of an integral element of the church ELIOT SUNDAY SCHOOL. 1 27 and one form of church education. Hence I proposed certain regulations which have since been observed, two of which are as follows : — " The appointment of the Superintendent shall be by nomination on the part of the teachers, and ratification on the part of the church by yea and nay ballot ; the remain- ing oflficers being elected by the teachers." " The Superintendent shall make a report annually to the church at the annual meeting of the same, on the condition and statistics of the school, embracing a list of its teachers." Another practical misapprehension was that it is merely a school for children instead of being a Bible Seminary designed for all ages, including adults as well. These were urged to join the school, and two classes of such were formed with twelve or fourteen members in each. Cases occurred in which whole families were in attendance. Much thought was given to the library. Pains- taking is also needed to keep distinctly before the minds, especially of the young, that our sacred volume is the sub- ject of study. One incident will illustrate. Being absent from home on an exchange of pulpits, I asked a little girl, " Do you attend the Sunday School ? " " Oh, yes," she replied. " And what are you studying ? " " The Question-Book." " But it is a question-book on the Bible, I suppose." " No," said she. " What then is it ? " " The Union Question-Book." " And does it not ask questions about some part of the Bible ? " " No ; the lessons are all 128 ELIOT MEMORIAL. in the book ; we don't study the Bible." I had met with substantially the same thing elsewhere. Constant famili- arity with the collective contents and with the order of the several books should be cultivated. A very deep and very just reverence for the sacred scriptures was entertained by teachers and scholars. The natural results were manifest in character and life. Tes- timonials given, for instance, in 1859 by those who had entered the ministry, appeared to express the prevailing sentiment. One wrote from the state of Maine, " I can only say, I bless God that I ever became a member of your Sabbath School and congregation." One from west- ern Massachusetts, " That vestry will always be hallowed ground to me." Another, " I know of no place about which so many delightful and sacred associations cluster as at that vestry, underground though it is." " The gold and the silver of Ophir, and the cattle upon a thousand hills," wrote still another, " cannot pay the debt we owe." It was a specially gratifying circumstance that of those who had been connected with the school for a longer or shorter time, one, a true daughter of John Eliot, Miss Harriet J. Clark, now Mrs. Caswell, labored among the Seneca Indians in southwestern New York ; Mr. and Mrs. Hurter spent several years in Syria under the shadow of Mt. Lebanon ; while two daughters of missionaries, Mary Ballantine of Ahmednagar, India, and Maria Chamberlain from the Hawaiian Islands, returned to their native lands, the one as Mrs. Fairbank, the other as Mrs. Forbes, and ELIOT SUNDAY SCHOOL. 1 29 did excellent service. With the latter name should also be coupled that of Mary Carpenter Paris. These, as well as the memorable name of Rev. David Coit Scudder, will be found among the sketches of missionaries. Amidst all the changes of superintendents and teach- ers, the school has maintained a good degree of harmony and a fair amount of enthusiasm. This appeared to be noticeably true when our congregation was so depleted in 1870 by the withdrawment of a large body to form a new church and Sunday School. Unusual vitality and enter- prise remained. Even the first Sabbath after that exodus the attendance showed a higher figure than for some time before. After four weeks I found there had been an accession of sixty members. The Young Men's Bible Class of twenty-five, whose former teacher had gone with- out the slightest hint to them of his purpose to leave, continued undiminished, though for a time no one was found to lead them. There seemed to be on their part a measure of sanctified spunk. Many funerals of pupils have been attended. A few of them were oppressively sad. Such, for example, were those of the four lads who lost their life by drowning; and that of another, Benjamin Bronner (1857), suddenly crushed by inexorable machinery. The funeral solemni- ties of one who had been a scholar followed soon after the festivities of marriage. In another case I had occa- sion to go directly from the funeral of a beloved pupil ' to 'Harriet M. Holman, 1857. 130 ELIOT MEMORIAL. the marriage of her Sunday School teacher. On most of these services cheering Hght from above shone benignly and expelled sadness. One of them, a specimen, rises dis- tinctly to recollection, the funeral of a young woman,' beautifully patient in sickness, gentle and cheerful. The epistle to the Romans, which had been studied in the Bible Class, was peculiarly precious to her. Regarding recovery or removal she could say, " I have no choice ; " and amidst final paroxysms of pain she cried, " Oh, Mother! Oh, Saviour!" Two of the superintendents died while in oflfice." The statistics of the school for the quarter of a cen- tury from 1842 to 1867 show that considerably over three thousand pupils had been members, of whom two hundred were received to the Eliot Church on profession of faith. During that period one hundred and seventy-one minors ■Eliza Hill Anderson, 1849. Alvah Kittredge . . Samuel W. Hall . . Sylvester Bliss . . Charles F. Bray . . Thomas Chamberlain William H. Brackett Edward A. Lawrence James Goodman . . Charles W. Hill . . Horace G. Wellington Frederick C. Russell Charles W. Hill . . Clarence T. Mooar . 2 SUPERINTENDENTS. Elected. July, 1834. July, 1859. July, i860. April I, 1863. April 16, 1865. Sept. II, 1865. Dec. 10, 1866. Dec. 20, 1867. Sept. 30, 1870. Dec. 31, 1884. Dec. 28, 1887. Dec. 30, 1891. Dec. 15, 1896. Resigned. July, 1859. July, i860. Died March 6, 1863. July, 1865. Sept., 1865. Dec, 1866. Dec. 20, 1867. Sept. 30, 1870. Dec. 31, 1884. Dec. 28, 1887. Dec. 30, 1891. Died Nov. 13, 1896. ELIOT SUNDAY SCHOOL. I3I were so received, forty-eight of whom were fifteen years of age or under; and seven were twelve years old or under. When the anniversary of July, 1867, came round, there were three hundred and sixty-six pupils remaining, while three regiments, each one thousand strong, had been mus- tered out of the Sunday School army, a part of whom were scattered all over the land. Several were in the Valley of the Mississippi, some on the Pacific coast, and a few in Australia, India, China, and other countries. All of them were probably better themselves and exerted a better influence upon others for having studied the Bible here. Perhaps all of them could join John Eliot in his testimony, " I do see that it was a great favor unto me to season my first years with fear of God, the Word, and prayer." CHAPTER X. VARIOUS DEVOTIONAL MEETINGS /. Maternal Meeting. Two years after the churcli was organized some of the mothers united in a Maternal Association. The pre- liminary declaration opens as follows : " Impressed with a sense of our dependence upon the Holy Spirit to aid us in training up our children in the way they should go, and hoping to obtain the blessing of such as fear the Lord and speak often one to another, We," etc. Three of the Ten Articles disclose the chief aim and chief duties of members. "It shall be the duty of every member to qualify herself by daily reading, prayer and self-discipline to discharge faithfully the arduous duties of a Christian mother," etc. ; " Each member shall consider herself obli- gated by her covenant engagements to pray for her chil- dren daily and with them as often as circumstances may permit, and conscientiously to restrain them from such courses as would naturally add to vanity, pride, and worldly- mindedness ; " " When a mother is removed by death, it shall be the special duty of the Association to regard with peculiar interest the spiritual welfare of her children, and to show their interest by a continued remembrance of them in their prayers and by such tokens of sympathy and kindness as their circumstances shall require." VARIOUS DEVOTIONAL MEETINGS. 1 33 My acquaintance with this association began fifty- eight years ago in the month of my ordination. It was the Quarterly Meeting, July, 1842. From that time on- ward I was uniformly present, and with great enjoyment, at the Quarterly Meeting. That was the children's meet- ing, and there would be an attendance all told of fifty or more. It was choice music to my ear to hear the little folks repeat hymns and passages of scripture. In one in- stance twelve different Psalms were recited, besides one or more other chapters and numerous single verses. At one period a simple catechism which I had prepared. The Lambs Fed,' was employed, though not at my suggestion. Sometimes a shadow fell upon the meeting, as when, fifty-three years since, all thought centered on the drown- ing of one of the dear boys, and at another when the remark was made that I had already that week attended the funerals of three little ones. At other times sacred joy abounded, as after an unusual number had been wel- comed to the church, twenty of them being from families represented in this association. Eleven of those who were once in attendance entered the Christian ministry, and the same number became ministers' wives, as was stated re- garding the Eliot Sunday School. Those whose memory goes back many years speak 'First published by Benjamin Perkins about 1844 or 1845. Afterwards issued by the Massachusetts Sunday School Society (1859), with the title, Biblical Cateckistn for Sabbath Schools. Two different translations into Marathi were made, and it has been used somewhat widely in the Bombay Presidency. 134 ELIOT MEMORIAL. or write in a way that shows the meetings were a bene- diction to them. Mention is made of having preserved the cards, leaflets and booklets that were griven to the children. " I well remember," writes one, " the beautiful face of Mrs. Anderson, the president, as she moved her chair about the room so as to be near each child who was reciting." " At the last meeting I attended, being a tall High School boy. Dr. Thompson said, ' You will not be too old to come to the maternal meeting when you are twenty-one.' " Mothers derived great benefit from their associated counsels and prayers. Some of them still living have written thus : " I have memories of that organization which are very sweet and precious to me." Another who is eighty-eight sends word that she " remembers the meet- ing with great delight, and has had many a blessed sea- son of prayer with the mothers and their children." The mother of Samuel was often in their thoughts. Hers was no temporary arrangement. "As long as he liveth, he shall be lent to the Lord." He did not belons^ so much to her as to the Lord ; he was not given to be a mother's pet. Only those mothers who, Hannah-like, give their children to the Lord for their whole life have a right to expect a blessing. The following recorded resolution of a devout woman caught my eye, " Everything that will make me a better mother I covet, and so far as I can I will pro- cure." What now will make better mothers .^^ First, let them give themselves heartily and wholly to the God of VARIOUS DEVOTIONAL MEETINGS. 1 35 Hannah. Failing in that, they will fail to be complete, first-rate mothers. Their children must be lent to the Lord. If his right in them be not acknowledged, his blessing on them cannot reasonably be expected. Unfail- ing intercession on their behalf must follow. The more Hannahs there are the more Samuels will there be. All history shows that mothers who have coveted earnestly the best gifts have been chief benefactors to their families, and through their children benefactors to the community. Most memorable amidst the agonies of Calvary was that utterance, " Behold thy mother ! " It is not to heathen or Mohammedan lands that we turn to find the typical mother. A housekeeper, a nurse, a governess may be hired, but not a mother. No place is there in this world like her heart. It is the charm of her affection and her assiduities that makes home — a word not found in Oriental languages, for the idea does not exist there. A pure moral element is needful. There is no family among animals and no home amidst human herding. To manage children wisely is as difficult as for the statesman to manage men wisely. The same firmness, the same dis- criminating, patient sagacity and far-reaching aims are required. Graduates from the fireside seminary show in- evitably what their training has been. The noble char- acter of the Father of his country was due to " Mary the Mother of Washington." When General Harrison was on his way to the Capital to take oath as President of the United States, he visited the home of his infancy in 136 ELIOT MEMORIAL. Virginia. Passing: from room to room, he came to a re- tired bed-chamber, where he burst into tears and said to a friend, " This is the spot where my mother used to pray for me." Abraham Lincohi said, " All that I am or hope to be I owe to my mother." At the inauguration of Presi- dent Garfield was there anything so significant or so beau- tiful as, after taking oath of office, he turned on the plat- form to kiss his venerable Christian mother ? They that prayerfully rock the cradle rule the world and help to people heaven. 2. Female Prayer Meeting. It was not long after the organization of the Church that some of the good women were moved to institute a mid-week gathering for devotional purposes. This was the more natural since the element represented in our con- gregation was then, as has been remarked, chiefly a trans- planted population, and by day the women were almost the sole residents here. The men were chiefly at their places of business in Boston, The attendance upon this Wednesday afternoon meet- ing was sometimes twenty, thirty, or forty, though the average fell perhaps to ten. In seasons of special religious interest, particularly in 1857 ^^^^ onward, several neighbor- hood gatherings would be established, and would more or less frequently unite at some central point, with an attend- ance of three-score or four-score. It was a good many years before the meetings were held elsewhere than at VARIOUS DEVOTIONAL MEETINGS. 1 37 private houses. But they have all along been an expo- nent of the life of the Church and one obvious ministrant to that life. Much of excellence as there has been among the brethren, the readiness of our sisterhood for every good word and work has been yet more marked. But for them the fraternity would have had a character noticeably different. ,Unity of aim in the meeting became impaired somewhat when the Maternal Association, the cause of Foreign Missions and of Home Missions, came to occupy each respectively one afternoon every month. J. Other Prayer Meetings. There were other gatherings for devotional purposes, weekly or less frequent, such as that of Young Men and another of Young Women. The former was established chiefly through the agency of Mr. Henry Martyn Hill, a young man of unfailing punctuality in attendance on the Church meeting as well. The latter of the two assemblages was begun in January, 1848. It had a variable, yet on the whole gratifying attendance, forty being sometimes present. At one time the children came together for the same pur- pose, though not at my instance. I wrote a letter to them for each of the meetings. Those of a tender age should never be encouraged to meet entirely by themselves. The presence of a wise and tactful matron is always important. The Monthly Concert of Prayer for Missions was a favorite meeting and well attended. Careful preparation 138 ELIOT MEMORIAL. relating to some field of the American Board was occa- sionally made by some member of the church. For many years Dr. R. Anderson often took the laboring oar, and of course gave special interest to the occasion. There were times when I called a prayer meeting at my house once a week. A different set of brethren or of families were invited to successive gatherings. In the free- dom of a private parlor one and another were led to take active part, and thus be prepared for larger social occasions. There was also opportunity for more intimate personal acquaintance, and for cultivating neighborly religious in- tercourse. Of the annual gatherings no one was more fully ap- preciated than that of prayer for colleges. Two sessions were held, one in the afternoon, fairly well sustained, the other in the evening, sometimes with a crowded attend- ance. Those were literally prayer meetings. Exhortation and narrative did not have an absorbing place. When the annual Week of Prayer became an observance, one or two sessions were held on each secular day, with an aver- age presence of about one hundred. The selection and arrangement of topics issued by the Evangelical Alliance never seemed to me satisfactory. The same was true in a measure of similar issues from other sources when at length such began to appear. One uniform fault in the lists sent out from London was that the topics were not sufficiently specific. Another fault was the assignment of missions, that highly important subject, to a day or even- VARIOUS DEVOTIONAL MEETINGS. 1 39 ing least favorable for attendance. I was in the habit of preparing lists of topics with subdivisions and accom- panying passages of Scripture expressly for the Eliot Church. These were printed as leaflets and seasonably distributed. It was my practice on the Sabbath which opened the week to preach upon some subject specially appropriate to the services contemplated, such as the province of prayer, the Holy Spirit's offices, the claims of Christ's kingdom. The week never passed without a manifest blessing during its progress and thence onward. It sometimes seemed to impart a spiritual impulse and tone to the Church, which were perceptible throughout the remainder of the twelvemonth. During the period now under review the Eliot Church may safely be called a praying church. There was usu- ally a cheerful response to notices of stated or occasional appointments for supplication and praise. CHAPTER XI. VARIOUS ASSOCIATIONS. /. Dorcas Society. Early in the history of the church thoughts turned to the surrounding community. " As bad as a Roxbury boy " is said to have been a proverb in neighboring towns. There certainly was a rude element which threw stones at our people when they were on the way to and from evening meetings. This was one thing which called atten- tion to the outside community. Needy and deserving indi- viduals were found, and in 1840 a Dorcas Society was formed, the sick and destitute being in mind as specially entitled to aid. An admission fee and donations supplied material for the ladies' busy needles once a month in the afternoon. Gentlemen were invited to a plain collation at evening. This gave opportunity for social intercourse. After some years the gathering began to be held in the lecture room and has continued in the chapel. There is more freedom felt in attendance there ; and such an oppor- tunity for all to engage in pleasant intercourse on the same footing is of great importance. It is a most helpful bond of unit}^ The attendance ranged from fifty to one hundred and fifty. At the eight regular meetings annually between one and two hundred garments were made. The existence of VARIOUS ASSOCIATIONS. 141 neighboring need was thus brought distinctly and regularly to mind, with a silent appeal for aid. Many a cup of cold water was thus ministered. No one was importuned for a contribution. A habit of active sympathy is thus likely to be established, a habit of no small value. It serves as a mental tonic ; it is an excellent way of getting rid of ennui. It will be found there is a luxury in doing good, and one will often find too that the more he gives the more he has. An Arabic proverb says, " The water you pour on the roots of the cocoanut tree comes back to you from the top in the sweet milk of the cocoanut." These lower considerations and results may have to do incipiently with cherishing the highest motives and the broadest beneficence. Everybody must have noticed that public-spiritedness, like charity, its cousin-german, begins at home but grows by exercise. The anatomist tells us that the muscle by which we close the hand is much stronger than that by which we open it. It is something to learn through observation at least the wretchedness of being selfish. " That man may last but never lives, Who much receives and nothing gives ; Whom none can love, whom none can thank, Creation's blot, creation's blank." 2. Eliot City Missio7zary Society. Soon after my ordination I went to an elevated point in the place to get the lay of the land, geographical and ecclesi- 142 ELIOT MEMORIAL. astical. One question in mind was, What neighboring churches are there of the same faith and order as the Eliot Church ? Bostonward, the nearest was Pine Street, Austin Phelps, pastor; in Dorchester, the Second Church, over which Dr. Codman presided ; at West Roxbury, Spring Street, with the Rev. Christopher Marsh pastor; and Brigh- ton, with the Rev. John T. Adams pastor. The Eliot parish was conterminous with these, and its extreme boundaries were certainly wide apart. The absence of meeting-house spires on the area surveyed was noticeable. Our own place of worship originally and that of the Dudley Street Baptist Church had none. Under the eye was a large and growing population, a part of which had no ecclesiastical home. The most densely peopled district of that kind seemed to be at the Point and in the region of the lead works. The thought of a Sunday School in that neighborhood arose and, as opportunity offered, I began to make inquiries and sugges- tions regarding such an enterprise. Enthusiasm did not kindle at once. Tract distribution, on being recommended, found immediate favor. That led to a proposal for the circulation of religious books on sale and no one took hold of it with more of personal interest and energy than the Rev. David Greene. It was a suggestive sight to see a secretary of the American Board of Commissioners for Foreign Missions going from house to house here at home and offering valuable literature for domestic use. The next year (1843) the suggestion of a mission Sunday School VARIOUS ASSOCIATIONS. 1 43 took effect, and one was opened in a public schoolhouse on Yeomans Street. Deacon John Gulliver, always ready for Christian work, was asked to take the superintend- ence. This took place in May ; and in the course of the remainder of that year, one hundred and forty-nine schol- ars had been gathered in, three or four Roman Catholic families contributing children. The movement issuing in such a school, and in an irregular tract distribution, reacted upon the church to awaken a deeper and deeper interest in such home work. It became a subject of earnest conversation what could be done to meet the spiritual wants of many living around us, and living in the neglect or involuntary deprivation of the means of grace. At length the matter found its way, though all too tardily, into our church prayer meeting. Looking at the truancy of children and youths, at the amount of intemperance, the prevalence of Sabbath dese- cration, the glaring neglect of the ordinances and Word of God, what could we, amidst ample enjoyment ourselves of religious privileges, do but move in an associated effort for the abatement of those evils? Who could be content to hoard his blessings? In 1850 the church resolved to employ a laborer who should devote himself especially to Christian work among the classes referred to. An ex- perienced and discreet minister was engaged. It was found desirable to form an association not limited to the church, but embracing all in the congregation who might see fit to join it and to which the executive affairs might 144 ELIOT MEMORIAL. be committed. That was done in June, 185 1. Ttie Eliot City Missionary Society was exceedingly simple in its organization and of easy administration. The payment of one dollar annually made any one in the congregation a member. The Executive Committee, consisting chiefly of the pastor and other church members, were entrusted with the immediate management of the mission. Rev. Levi Smith, the first of our ordained missionaries, a valua- ble man, had not strength sufficient for the work. He was obliged to resign, and not long after entered into the final rest. At length we were favored with the ministra- tions of another most excellent man, the Rev. David M. Mitchell. He remained in the service about eight years, without interruption, without friction, and in a spirit and manner that commanded universal acceptance and respect. Two female missionaries were also employed at different times, one of whom, Mrs. Marsh, the widow of a minister, was a woman of rare fidelity and soundness of judgment. The chief departments of effort were as follows : A school in which young persons were taught to use the needle, and where also was opportunity for instruction from the Word of God. Two afternoons were devoted to it each week, and over a hundred were often in attend- ance. It was a school of benevolence. The girls, older and younger, were encouraged to give as well as to re- ceive. One incident of many will show this. A little girl on finishing a garment was asked by the superintend- ent, which she would rather do, keep it as her own or give VARIOUS ASSOCIATIONS. 1 45 it to somebody less favored than herself. " I will give it away," she promptly replied, and at once selected one of the most destitute in the group. She had the hearty thanks of the obliged child and an approving smile from half a hundred bright faces. Household visitation was maintained, the main aim being to promote the spiritual good of inmates by prayer and religious conversation, Bible and tract distribution, and by encouraging attend- ance at some evangelical place of worship. Neighborhood prayer meetings were started, and also a maternal associa- tion. A judicious ministration to the temporal wants of the more needy and more deserving was another feature. In the person of each missionary was a temperance agent, and through this instrumentality some of the inebriates were brought back to habits of confirmed sobriety, and a few were brought to sit at the feet of Jesus, apparently clothed and in their right mind. In many instances situa- tions were found in the country for boys and girls, where good care and good domestic influences were provided. One of the Sunday Schools which were gathered — that on Yeomans Street, afterwards removed to Davis Street already referred to — outgrew Williams Hall. A lot of land ten thousand feet in extent — sufficient for a meeting-house also — was accordingly bought (1856) for $4,000. Thereon was built a chapel which would seat about three hundred, and which, with its furniture, cost $1,500. The first money for the object was raised by a few little girls who got up a private fair for the purpose. 146 ELIOT MEMORIAL. Every bill had been paid before the dedication, July 11, 1856. The transfer of the school from its old neighbor- hood to a higher and more attractive, though more remote, station, was effected without the loss of a single pupil. The property was afterwards given to the Vine Street Society, the Vine Street Church being organized in 1857. A second school, which Mr. Benjamin Perkins super- intended, was gathered on King Street, and had a Bible Class of adults. Each of these schools was furnished with a library, and it was a gratifying sight to witness the order and decorum as well as the avidity with which the books loaned for reading were received. There was also a good deal of eagerness for the Sunday class instruction. One little boy who had removed to Charlestown continued to come back seasonably to the place at the appointed hour. Another little child who lost the use of her limbs longed to be carried there. This school was subsequently merged in the third, that on Parker Street. The one last referred to had at its opening session the first Lord's Day of 1853, only ten scholars present. But a steady growth followed till an average of three hundred was reached. The Infant Class grew to be the largest in the city. Union monthly concerts of the two schools were held in our church, at which the house, including the gal- leries, was crowded. This public fellowship had a happy effect in promoting unity of feeling as well as the cause of Bible study. In the earl}^ days of the three schools the teachers were all from the Eliot congregation. VARIOUS ASSOCIATIONS. 1 47 Upon the annexation of Roxbury to Boston (May 30, 1850), there was no further occasion for a separate City Missionary Society, and that of the EHot Church gave place after a while to the older one of the older city. Although careful statistics were kept for only a part of the time, and now and then no statistics at all, yet during a portion of the period nine thousand articles of clothing were distributed ; about ten thousand loans or gifts of valuable books, besides numerous Bibles and New Testa- ments ; about twenty thousand tracts were put in circula- tion and more than forty thousand Christian calls were registered. Not less than two thousand dollars were placed by individuals in the hands of mission almoners for temporal aid of the needy. A good many situations were found for men and women out of employment. Orphaned children received tender care. In the course of twelve years the outlay of the Society was $11,358.37. Even with the greatest painstaking complete results could not have been tabulated. We had reason to believe that genuine conversions took place. Several individuals joined different churches, a number of the intemperate were reclaimed ; many a home showed signs of improve- ment on the score of tidiness, order and comfort, and in a large number of cases of sickness, soothing influences and important relief were bestowed. If we would learn all the more valuable results, we should need to find how many minds, not likely otherwise to be reached, received helpful ideas and impulses, how many hearts were moved toward 148 ELIOT MEMORIAL. holiness and heaven, we should need to count the emo- tions of gladness awakened, the multitude of sins covered and prevented. Happier homes, better citizens, more con- sistent Christians not a few would be included. CHAPTER XII. SPECIAL OCCASIONS AND OCCURRENCES. /. Social Gatherings. Sociability has characterized the Eliot Church. More than one stranger has confessed to never having witnessed this in equal measure elsewhere. It has been due partly to the circumstance of wide diversities of birth- place and condition, which suggest a special need of culti- vating acquaintance. Now and then there would be an individual who complained of neglect, and however many- might call, had no idea of any reciprocal duty, but con- tinued to sulk in unamiable seclusion, I have never known a oeople who, in general, showed an equal readi- ness for fraternizing. I remarked this early. Promptness in cordial greetings and social gatherings was noticeable. The open hand for salutation was also a generous hand. At the present day surprise parties, for instance, are not so much in vogue as formerly. They began here when I began housekeeping, and there was occasion all along for me to notice an emphatically practical element that en- tered into such gatherings. A thoughtful kindness and tact were shown by ladies in making such preparations as would secure carpets against injury, and secure the family against expense. A delicate considerateness was shown in regard to domestic needs, the needs of my 15° ELIOT MEMORIAL. library, and not less in the way these wants were sup- plied. The gentlemen showed their preference for hard money, in that a purse — never small nor light — would usually be left on the study table. One example will show the way things were managed. I was invited by my former hostess to take tea with her, and accordingly did so, excusing myself at eight o'clock on account of an en- gagement to meet Dr. Anderson, who was to be at my study with Deputation documents. I hurried home, and on opening the street door a flood of gaslight was dis- charged from all the burners in the house, revealing a party of not less than two hundred friends, all with beam- ing faces, who instantly began to sing one of my favorite hymns. Of course I was surprised and a little confused, for the remotest suspicion of what was going on had not crossed my mind. Mr. Henry Hill then stated in a very pleasant way that the ladies and others wished to wel- come me home. At nine o'clock I was shown to the dining-room where was a table spread most amply and beautifully. Birthdays brought a sort of surprise, partly distributed into calls of small groups or of individuals. The postman brought notes of congratulation, and messengers brought flowers. The Thirtieth of April was invariably brightened and perfumed — as it still is — by choice tokens selected at the greenhouse. Cards accompanying remembrancers, beautiful or useful, came pretty punctually from different parts of the country and sometimes from beyond sea. It ANNIVERSARIES. IS I was not easy — and to this day is not easy — to keep back tears of grateful gladness. 2. Anniversaries, Anniversaries of installation were observed. Propo- sals for that purpose came from the people, who issued printed invitations. On Lord's Day, evening of July 21, 1867, came the twenty-fifth anniversary of my settlement. Eight or more clergymen were present, each taking some part in the ser- vices of the occasion. The next evening, Monday the 2 2d, there was a gathering for social greetings at six o'clock in the chapel. Mr. Laban S. Beecher called to order, wel- comed old friends and all to the anniversary, made state- ments regarding the pastor, and proposed that they sing a part of the hymn, " Blest be the tie that binds." Mr. Eben- ezer Wheelwright of Newburyport, a former member of the church, spoke at some length. Before adjournment to the church for more public exercises, being called upon for a response, I closed by remarking that if, at the Grand Paris Exposition then in progress, a prize had been offered for the best church, the most united, kind and considerate people in any land, I knew who would win the prize. And further, pastors and others, some from the neighbor- hood, some from a distance, were declared to belong to the Legion of Honor, for " Kind hearts are more than coronets." 15^ ELIOT MEMORIAL. At the public evening exercises about thirty ministers were present, several of whom took part, among them Dr. N. Adams, who gave the right hand of fellowship twenty- five years before.' The next occasion of the same kind falls into the period subsequent to 1871, and yet it, as well as one or two other gatherings of that time, should have a word. Printed invitations were issued by a Committee of Arrange- ments. The title-page of a book, which gives an account of the proceeding, and which that committee prepared for publication, announces " A Jubilee, the Fiftieth Anniver- sary of the Settlement," etc. " Ye shall hallow the fiftieth year." Lev. 25 : 10. The committee state that "the pro- ceedings were carried out with entire success and with much satisfaction to all concerned. On Lord's Day morn- ing, the 25th of September, Dr. Thompson delivered the discourse, the devotional exercises being conducted by the Associate Pastor, Dr. B. F. Hamilton, by Dr. Daniel L. Furber of Newton Centre, and the Rev. Isaac C. White, of Scotland, Mass. On the platform and in front of the pulpit was an ample supply of palms, ferns and flowers tastefully arranged, while above the pulpit hung the motto, ' Hallow the Fiftieth Year,' flanked by the dates 1842- 1892, the letters being done in flowers. Exercises on the evening of the same day, and also on the evening of Wednesday the 28th took place. ■ A Memorial of the Twenty-Fifth Anniversary of the Settlement of Rev. A. C. Thompson, D. D., Pastor of the Eliot Church. Riverside Press. 1868. RECEPTIONS. 153 " The volume entitled ' Our Birthdays,' referred to by Dr. Laurie in his address Sunday evening, came from the press the day before, and is dedicated ' To the members of the Eliot Congregation, who have reached or may yet reach seventy years of age and upwards, as a remem- brancer of the eightieth anniversary of birth and fiftieth anniversary of ordination, by their friend, the Senior Pas- tor.' These birthday greetings range from seventy-one to one hundred. The Committee have the gratification of handing a copy of. Dr. Thompson's book to those mem- bers of the church now living whose age falls within the limits thus specified." J. Receptions. In 1850 two Hawaiian princes came to this country on an official visit. They were accompanied by Dr. Ger- ritt P. Judd, who had been a missionary physician at the Sandwich Islands, but was then a confidential minister of the king. Mr. Alvah Kittredge, our senior deacon, had a sister who was the wife of Rev. Ephraim W. Clark, a mis- sionary at the Islands ; Mr. Kittredge also had the most commodious dwelling of any one in our congregation, and a heart not less hospitably capacious than his house. He gave a reception to the foreigners, and Roxbury never before witnessed such a crowd on such an occasion, nor had ever before had a visit of such representatives of roy- alty. No two sons of a European monarch would have 154 ELIOT MEMORIAL. shown a finer physique or have demeaned themselves with more propriety and perhaps not with more of grace than these young men from the Pacific islands, which were then recently reclaimed from barbarism. Their perfectly courteous bearing was a monumental witness to the civil- izing power of Christianity and to the fidelity of the mis- sionaries of the American Board. The princes extended their visit to Europe. One of them afterwards came to the throne as Kamehameha IV, and dying in 1863, was succeeded by his younger brother, Kamehameha V. On a comparatively reduced scale receptions took place when twenty-fifth anniversaries of marriage came round. The same, too, in naturally fewer cases when golden weddings occurred. In December, 1857, came that of Mr. and Mrs. Abel Baker, then living in Brookline. Their youngest son made the arrangements and bore the ex- penses. The grounds were lighted in all directions with Syrian lanterns, having various colored lights. The deco- rations of evergreens and flowers were abundant and taste- ful. It was a fairy evening scene. About a hundred guests assembled to greet the venerable and worthy couple. The bride when married in 1807 was sixteen, and even at this time (1857) had more color and fresh- ness of expression than most young women of that age. Another of these occasions was the jubilee anniver- sary of the Rev. Dr. and Mrs. Austin Richards, 19th of December, 1877. Two of his brothers, then deceased, had been missionaries, one in the Sandwich Islands, the other RECEPTIONS. 15s in the Island of Ceylon, from whose grave I was able to hand a memorial flower along with Dr. N. Adams' " At Eventide." It was in the year just named that Dr. Rufus Ander- son, senior secretary of the American Board, made an ofificial visit to the Hawaiian Islands. The distance by way of the Isthmus of Darien is about four thousand miles. Upon his return in September we had a public meeting of welcome. This was the fourth similar visit of his in different parts of the world. Mrs. Anderson and a daughter accompanied him. On the return voyage in the Pacific their steamer encountered a terrific storm, and it seemed for a time as if all on board must be lost. Dr. Anderson said little about perils of the sea, but occupied an hour in giving the results of Christian labor at the Islands. Our church was filled, and the congregation rose and sung, — " How are thy servants blest, O Lord." All " were glad of the coming of Fortunatus." The fiftieth anniversary, January 8, 1877, of Dr. and Mrs. Anderson's marriage was a specially gratifying occa- sion. But for the limitation of their strength the obser- vance would have taken place in the church, which would no doubt have been filled. Only the chapel, however, was opened and invitations were accordingly restricted in num- ber. The children of the family and grandchildren were present, besides about one hundred and fifty friends, among whom were eighteen ministers. These had chiefly 1^6 ELIOT MEMORIAL. been Dr. Anderson's official and professional associates. A beautiful arbor had been erected at the head of the chapel, its framework covered with evergreen, and over the front a floral crown with a basket of flowers sus- pended beneath. At either end of the arch was a date, 1827-1877, whilst in the centre was a monogram, " A., H." — H being the initial of her family name when Eliza Hill was a bride, and when the marriage service was solemnized by Rev. Aaron Hovey at Saybrook, Connec- ticut. In the rear were two floral crosses with a wreath between them. No couple more revered and beloved ever sat beneath an arbor of livelier green, behind each of whom was a symbol of that to which, in trust, hope and service they had long been jointly loyal. For forty years they had been connected with the Eliot Church, and Dr. Anderson had for full half a century been officially connected with the American Board of Foreign Missions. He was now in his eighty-first year, of noble presence, tall, and as erect as any young man then present. After an hour spent in congratulations a collation was served. It was understood that no speeches were to be made, but being urged to say something, I could hardly do less than convey a hearty welcome to all the guests, stating that among them, be- sides two whose similar anniversaries had already occurred, there was one who would celebrate a golden wedding in the Spring following, and another who would do the same in the Autumn of that year. Attention was directed CIVIL WAR TIME. I57 to a friend in the crowd, whose bridal veil of more than fifty years before was the head-dress of that afternoon. Letters of greeting, some from missionaries abroad and from other friends were in hand, but time to hear them then failed. A short time before that I had occasion to write on business to the venerable Dr. Charles Hodge of Princeton, in his eightieth year, who had been longer engaged in theological education than any other man in the country, and who was a personal friend of Dr. Ander- son. In a postscript I referred to the approaching fiftieth anniversary. At the close of his letter in reply, Dr. Hodge said, " Our dear friend. Dr. Rufus Anderson, has had a golden life. It is meet he should have a golden wedding before he gets his golden crown. Give him my best love with congratulations, and beg him to help by his prayers his tottering brethren." The Junior Pastor, Rev. Mr. Hamilton, read selections of Scripture, a prayer followed, and Dr. Anderson pronounced the benediction. ^. Civil War Time, The first rebel shot fired at Fort Sumpter struck thousands of hearts north of Mason and Dixon's line. The shock was tremendous; the waking up of the general mind was wonderful. A common sentiment thrilled all loyal citizens. Hundreds upon hundreds of national flags might soon be seen floating, look which way you might. 158 ELIOT MEMORIAL. Conversation, reading, preaching turned largely upon this theme. There was not a copper-head in our congrega- tion. Ladies were busy and school girls, too, in sewing for the army. Women in the eighties and one who was ninety knit faster than ever before. An immediate social effect was striking. Citizens who had never before spoken to one another at once grew companionable. A deep interest in volunteers was manifested. Capt. Ebenezer Stone, now Colonel Stone, brought his company to church of a Sunday morning in May, 1861. The Stars and Stripes fell gracefully though not ostentatiously from the Bible-stand over the table in front. A sermon on The Soldier and the Bible, from the text " And take the helmet of salvation," was preached. After the sermon I pre- sented each of the officers and men of the company, at the hands of our deacons, a copy of the Psalms and New Testament bound together and appropriately for the knap- sack. The congregation then sang A7nerica, and they sang with a will. On the evening of September 22 there was a union prayer meeting at the First Baptist Church. The day had been rainy, the walking was bad, and approach to the church difficult owing to street repairs, yet the house including the galleries was thronged. When the national Fast Day came the attendance upon morning worship in our church was larger than on any previous similar occa- sion, and at the social meeting in the afternoon the lec- ture room was well filled. CIVIL WAR TIME. 1 59 Lord's Day, August 31, 1862, was a memorable day with us. Just before the hour of morning service a mes- senger from the Mayor came in great haste, announcing the second defeat of our Union army at Bull Run, and the urgent need of hospital supplies for the wounded. This word was at once communicated to the congrega- tion. Dr. William Adams of New York, who was spend- ing the day with me, merely offered prayer and the assembly was dismissed. People hastened to their homes for articles which had been named from the pulpit. Boxes in large number were required, and soon filled the lecture room as well as the sidewalk in front. The sound of hammers resounded for awhile, but prayers went up amidst the confusion. Before many hours had passed a freight-train with various supplies was on its way to the scene of suffering. Early and late during the war pastoral sympathies were constantly and strenuously wrought upon. Calls and interviews now come to mind with painful distinct- ness. I remember a young mother — with her first-born child only three weeks old — weeping profusely at the thought of her husband's joining his regiment. As a gen- eral thing the women showed no less patriotism and read- iness for sacrifice than the men. In one home was a family of three widows ; also a young man of promise only eighteen, who enlisted. His mother, then absent, wrote me, " Why should my whole head grow sick and my whole heart faint in view of this new trial, when I have j5o ELIOT MEMORIAL. SO often felt the loving presence of my Heavenly Father's sustaining arm and have heard the whisper, ' As thy days, so shall thy strength be ? ' Our country is in peril and calls loudly to her sons to come forward and hold up the standard of Liberty. I will not shrink though it take my own, my precious first-born son, I can make no dearer offering and I would make it cheerfully." I went with the letter and read it to the writer's aged mother, the young man's grandmother. " Well," she remarked, " I am glad Lucy can give him up, and I am glad this is the sixth grandson that I have given up for the army." As one volunteer after another was making ready to leave home, or had reached that trying hour, there were fre- quent interviews with families and individuals, little keep- sakes to be passed, cheering words to be said, perhaps prayer to be offered. Mothers, wives and sisters found it hard to suppress tears as month after month of anxiety went by. The prevailing expression of countenance throughout the community underwent a change ; so, too, the rate of movement and general demeanor. There were only a few in our congregation who had not per- sonal occasion, more or less immediate, for solicitude about some regiment in the service. It required no effort on my part to enter into the feelings of others. When the Massachusetts Forty-fifth was mustered on Boston Common for the presentation of colors, thousands, literally thousands of friends were there for leave-taking. As the order was given to fall into line, I assisted my CIVIL WAR TIME. daughter in buckling the knapsack on to my only son. We kissed him good-by, a robust and cheerful young man. The next time we saw him he was haggard and prostrate with malarial fever brought from North Caro- lina. The whole number from our congregation in the army and navy was about fifty, of whom nine were only sons. Forty-two individuals of the congregation had brothers in the army ; two ladies had each a grandson ; another had five grandsons, and yet another had six. Eleven persons had sons belonging elsewhere than in Roxbury who enlisted. Fifteen of our friends lost rela- tives — two losing husbands, five losing sons, and seven losing brothers. But we heard of no desertion, nor any- thing dishonorable on the part of any of them ; we did hear of fidelity and bravery. One young man in his nine- teenth year wrote expressing a new-found Christian hope. He became hospital steward at Roanoke Island, and asked for religious books and tracts to distribute among the sick and wounded. Another young man, a member of our church, on board the Minnesota, in one of his let- ters said, " I have been engaged in battle on two occa- sions at Hatteras Inlet, and in an encounter with the Merrimac. I am expecting soon to be amidst scenes of conflict and death. I take this opportunity to inform you that I enjoy a blessed hope, which gives me great com- fort and peace of mind in the hour of danger. Yes, Jesus is precious to me. I believe that his precious blood has cleansed me from my sins and reconciled my sinful soul 1 62 ELIOT MEMORIAL. to God. I long to feel more fully the weight of those words of the Apostle Paul, " For me to live is Christ ; to die is gain." More than one death of our soldiers was due not to fatality on the field but to sickness in the hospital. Re- mains were brought home for interment, and a public funeral service took place. That of Sergeant J. D. Loker occurred early in January, 1863. The captain of the com- pany wrote : " He was an honorable, high-souled man ; one whom I regret of all others to see laid low ; " and the colonel also, " His death is a loss to the regiment that cannot be replaced." Later in the same month came the funeral of Robert M, Carson in the Mission Chapel. He was a man of truly excellent Christian character. The address on that occasion having been printed, a copy was sent to the Rev. Mr. Gage, chaplain at the hospital in Alexandria where our friend died. He read it as an afternoon sermon to the soldiers, who expressed so much interest that he sent for a hundred copies. After the first five hundred had been printed a friend in the Eliot Church ordered seventeen hundred more. " Them that honor me, I will honor." It was a noteworthy circum- stance that, up to this time, the three funeral discourses of mine which had been requested for publication were occasioned by the decease of perhaps the three obscurest members of the Eliot Church. But the most impressive mortuary service during this war came after the battle of Antietam. The remains of fourteen soldiers belonging SICKNESS AND ABSENCES. 1 65 to a Roxbury company were brought to one of our churches. It was an unusual sight to look down an aisle and see none but mourners in the crowded pews. A brilliant young nephew of mine, an officer in a Connec- ticut regiment, fell in that terrible engagement. I hardly need add that my constant personal intercourse with friends who had great interests at stake in the war, cor- respondence with many who were in the service, the news of disasters, sickness and deaths, occasioned insomnia and a disabling disturbance of the nervous system. 5. Sickness and Absences. If any man needs robust health it is the minister. He needs it in his study ; he needs it for the pulpit ; he needs it as a preventive to manifold morbid liabilities, both mental and spiritual. Insufficient muscular exercise and unwise brain work cost many a one his comfort and continued usefulness. The man who shall prepare an adequately effective book on clerical hygiene will be a benefactor of the profession and of the church. True, the pastor's ill-health may prove a helpful experience in promoting sympathy with the feeble and suffering mem- bers of his flock. If it fails of that, it fails of one most appropriate result, and to lose personally sanctified bene- fits of sickness is indeed a great loss. John Wesley could speak of a " friendly fever," and he learned how to be grateful for such a visitation ; " God does chasten me 104 ELIOT MEMORIAL. with pain," said he, " yea, all my bones with strong pain, but I thank him for all, I bless him for all ! " In bodily presence Paul was weak; and he speaks of his son Timothy's often infirmities. All along these eighteen hundred years the divine hand has laid many a minister on his back ; but has it not been that he might the more devoutly look upward.-* The sick room teaches some things that cannot be learned in the library, and one is to bear as well as to do. I make no profession of resemblance to Richard Bax- ter in more than a single respect. Referring to the man in the Gospel, who had an infirmity thirty and eight years, Baxter speaks of " The like discipline of fifty-eight years " in his own case. It is now fifty-eight years since my ordi- nation, and during that period there has been scarcely an entire week of entire health. During the time of my more active and more responsible pastorate (1842-187 1) I lost upon an average one day each week from sick-head- aches. Toward the close of his life, Rev. Sela B. Treat, a secretary of the American Board, told me that he had never had a headache. It seemed incredible. So, too, what Dr. John Pierce of Brookline, in his last sickness said to a friend, that for nearly forty years he had not known what it was to have a physical infirmity worth men- tioning; and not less in the life of Theodore Beza the statement that " He yielded up his spirit to God, A. D., 1605, Ae. 86. He used to say that he never knew what it was to have a headache." Occasionally the illness of SICKNESS AND ABSENCES. i6s which I speak was temporary, yet for twenty-four hours completely disabling. Sometimes it continued two and even three days. This, of course, reduced not a little the time and strength for active effort. It did not materially relieve the matter to be told that Basil suffered in the same way, and that Chrysostom, too, in his later years was subject to an inveterate headache. The chief resulting trial from this and other ailments was the interference with public duties. Interruption to pulpit and parochial labor, brief or lengthened, occurred repeatedly. The longest absence, that of fifteen months on a deputational visit to missions in India, was not, to be sure, owing to sickness, though encouraged by physi- cians as probably beneficial to health. It is to be ob- served that our Great Physician never consults us con- cerning the time or form of physical disabilities. One may groan without grumbling; but it must be confessed that I never attained to the experience of Thomas Adam (1701-1784), in whose "Private Thoughts" is this record: " Blessed be God for all his favors, and particularly for the special mercy of bodily pain." The chronic ailment above referred to in no wise interfered with various other special attacks. Soon after I commenced housekeeping there came a fever that kept me out of the pulpit for three months. Nervous prostra- tion and prolonged insomnia sent me to the West Indies for a five months' rest in 1851-1852. The same nervous disturbance occasioned a medical order the next year for l65 ELIOT MEMORIAL. a month's recreation in Virginia; and in 1862 a broken arm kept me the same length of time from preaching, till I was able to go into the pulpit with the invalid member in a sling. Three-fourths of the next twelve months ( 1 864-1 865) were lost to official labor by reason of a slow fever and neuralgia. A similar invasion of subsequent weakness led to a month's loss of working time. In the aggregate, two years' time was thus given up to invalidism. If a complete though unsavory enumeration of ailments were to be s^iven, mention would have to be made of pleurisy occurring twice, of frequent rheumatism, of chills and fever after exposures west of the Mississippi, and even an undignified whooping cough. A paroxysm would come on just before and just after, but happily never in the midst of a public service. A serious embarrassment resulted from weakness of the eyes. This seemed to be owing to the minute poison- ous dust which was encountered when crossing the Afri- can desert in 1854. Persistent inflammation of the eye- lids followed for years. It became necessary to employ an amanuensis, though an expensive luxury. For the last forty-six years most of my manuscripts, letters included, have not been in my own hand. Hence a good deal of undeserved credit has been imputed to me on the score of caligraphy. In a few instances sudden illness interrupted public services. Once in September, 1849, I was taken so ill in the midst of a morning's discourse as to be obliged to SICKNESS AND ABSENCES. 167 leave the pulpit and to be carried home. In two other instances, having occasion to deliver by request sermons on special subjects, I had to stop midway in the delivery. But each time Rev. Dr. J. O. Means, being in the pulpit with me, proceeded with the discourse, till by the use of smelling-bottles and other devices faintness so far yielded that I was able to resume preaching. At length came the consummate trial of professional life. It was not so much bodily suffering as a medical injunction enforcing silence in the pulpit. Sciatica had become excruciating. A Boston expert, in whose hands I had been for two months in the early part of 187 1, wrote me : " From long experience in such cases, I must tell you that it is my opinion that you probably will not get rid of it while you continue your mental labors. I believe it is not a simple local sciatica but a manifestation of deranged nervous system that absolutely calls for rest, protracted rest for the nerve centers, such as a long sea voyage could do, or some such absence from study, library and pulpit." After a thorough examination in May of that year by consulting physicians, Dr. John Jefferies gave his own, which was also a joint opinion : " He has an important disease of the nervous system, the nature of which renders it impossible that he should be restored to future usefulness, without an entire freedom from all men- tal labor and other exciting causes for an indefinite period of time. The tendency of his complaint is to in- crease, and it certainly will do so if he continues in those l68 ELIOT MEMORIAL. occupations which have occasioned his present illness. I consider perfect rest from ministerial labors and from study as absolutely requisite for his recovery." An ab- sence of fourteen months ensued, during which the ablest physicians in Edinburgh and elsewhere were consulted. A violent bronchitis set in. At one time while in Geneva, Switzerland, I gave up expectation of being able to return home. Meanwhile, as had been arranged with my hearty approval, Dr. B. F. Hamilton was installed colleague pas- tor, and on my return home anxiety regarding the pulpit was at an end. A finality also seemed to be reached when Dr. Bowditch, upon repeated examinations, advised me never to attempt preaching again, and that every winter should be spent in Florida, or some other latitude not less mild. It would be an unpardonable omission if there were a failure to speak of the kindness shown by the Eliot congregation during that third of a century. It was prompt and generous. There was a special overflow of kindness connected with seasons of suffering and debility. There were abundant tokens in flowers, in delicacies, in oral and written messages, in provision for pulpit sup- plies, and in pecuniary relief. The heartiness of greetings upon each return after an extended absence was memor- able. One instance occurs to me with special distinct- ness, when at a public reception an original hymn was sung, entitled, " A Welcome to our Beloved Pastor," be- SICKNESS AND ABSENCES. i6g " Thanks, O Father ! for thy mercy ; Here beneath thy temple-dome, With united voice we praise thee, Who hast led our loved one home ; Friend and Shepherd — Friend and Shepherd, To our souls' embraces come." The time will never come in this world or in the future world, when the good will and tenderness shown year after year can cease to awaken lively gratitude. CHAPTER XIII. COLONIAL CHURCHES. /. Vine Street Church. The existence of a Mission Sunday School and then of the Eliot City Missionary Society not unnaturally sug- gested the practicability of a new Congregational Church. I had come to entertain very decidedly the opinion that in every growing community there should be church sittings in advance of demand, and I urged this upon certain leading men year after year, arguing that two churches would grow as fast as if there were only one ; that an enterprising spirit is both an element and an earnest of blessing; that it would be disastrous for us to rest con- tent with a snug little Zion of our own. The imperative need of a movement became at length obvious, for our place of worship was full. Within the six months pre- vious to the formation of a new church more than twenty unsuccessful applications were made for sittings. At that time there were thirteen cities in Massachusetts. On the score of valuation Roxbury stood next to Boston. Prop- erty averaged over nine hundred dollars per capita, yet in regard to orthodox church accommodations we were at the bottom of the list. Ecclesiastically we were the weakest of the thirteen. Formal action first took place at a meeting of the church, February 6, 1857, ^Y ^^^ ^P' VINE STREET CHURCH. IJT pointment of a committee to consider the expediency of the proposed measure. At the next meeting it was unani- mously agreed to set apart the following Friday as a day of special fasting and prayer in behalf of a deeper spiritual life and of a blessing upon the contemplated enterprise. Public services were accordingly held on that day, fore- noon, afternoon and evening. At one of them a back- slidden brother made confession, frank and evidently peni- tent, of his delinquencies. Such an act usually furnishes evidence of the Holy Spirit's special presence. A large committee was then designated to take the steps required for constituting a new Christian brotherhood on Mt. Pleasant. That was a time of evidently growing religious interest among us ; and it has since been an occasion for gratitude that the Vine Street, now Immanuel Church, was born and baptized amidst a revival. May that feature of its origin prove an augury of its abiding character ! Appropriate preliminaries were soon completed. Twenty-six members of our church — a choice band, and including our most prominent office-bearer — formed the nucleus. In the letter dismissing them to a council, called for the purpose of recognizing the organization, there were honest words of tearful regret at the parting, and also the assurance of warm affection and a clear con- viction that the proceeding was demanded in the provi- dence of God. Said council met in our church ; there, too, the installation of the first pastor, Rev. J. O. Means, took place a little later. The Articles of Faith and the Covenant of this mother church were adopted. 172 ELIOT MEMORIAL. Soon after came an extended letter, " By vote and in behalf of the Vine Street Church : " " We thank you for your kind expressions of Christian love in connection with our dismission from your communion, and for the cor- diality with which you took part by your pastor and dele- gate in the doings and deliberations of the Council. We can never forget the tender farewell spoken to us by him whose ministrations it is your privilege still to enjoy; and our earnest prayer is that those ministrations may long be continued to you, and be blessed to your great spiritual enlargement and prosperity, and to the in-gathering of many precious souls now without hope and without God in the world." Never did a church of Christ come into being under circumstances of greater harmony or warmer recipro- cal good-will. A rich blessing came at once to those who bade Godspeed to departing friends. Within three months from that withdrawal the same number as had been set apart for the new undertaking were welcomed to the Eliot Church. When the first anniversary of the new brotherhood came round, more additions had already been made to the older of the two than the former has contributed all told to the latter. The growth, harmony and efficiency of the Immanuel Church have been a con- stant delight to friends on Kenilworth Street. HIGHLAND CHURCH. I 73 2. Highland Church. The gradual growth of the Sunday School and con- gregation on Parker Street occasioned great gratification, while it added not a little to my own cares and labors. Frequent visits were paid to that neighborhood, and especially to the center of operations. The reception given me at the Sunday School concert in September, 1864, recognized happy relations. There was a salutation with the singing of four stanzas which some one had com- posed for the occasion, the first of which opened, — "Welcome, welcome, Pastor dear, Welcome ever, welcome here ; Welcome to our homes and hearts." After the employment of an ordained city missionary commenced, one Sunday service with preaching was main- tained for the most part, successively in each of the two sections where city-mission work was carried on. Each of the two chapels built by the Society became the early home of a new church. Midway in 1868, Rev. Charles Mills, a wise man, a faithful and acceptable preacher, was engaged to conduct services on Parker Street. He soon gave his written opinion that the time had come for the organization of another church. Early in 1869 one of our prayer meetings was specially devoted to the sub- ject. At nearly the same time the Eliot City Missionary Society adopted a resolution that whenever a church is duly organized in connection with the Parker Street Chapel, 174 ELIOT MEMORIAL. the Executive Committee will recommend to the Society to transfer the property on that street to the new enter- prise. February 17, a letter requesting dismission to an ecclesiastical council was presented to the Eliot Church. It bore forty-three signatures. All the petitioners had been received during my pastorate, eighteen of them on con- fession of faith, and three I baptized in infancy. Mr. Moses Henry Day, whose name headed the list and who for eight years had been one of our deacons, spoke warmly in behalf of himself and others, of affection for the church and its pastor, the only pastor he had ever had. He re- peated a remark of a female friend who was in the orig- inal membership of the Vine Street colony, to the effect that her leaving was the greatest trial of her life. He could now say the same. One of the older and more prominent men in the retiring company expressed the same sentiment, stating that this was the sixth church with which he had been connected during a period of more than fifty years, and that this had proved the pleas- antest of all. In that group of two-score there were six nationalities represented, Norwegian, Irish, Scotch, Eng- lish, German and American ; and seven religious denomi- nations, Old Kirk and Free Kirk of Scotland, English Wesleyan, Lutheran, German Reformed, and Congrega- tionalist, besides one individual who had been a Roman Catholic. Such diversity, however, seemed not to interfere with harmony, at least there was no discord. Before the council met, one who had signed the request for dismis- WALNUT AVENUE CHURCH. 175 sion, Mr. Andrew H. Murk, died and his widow sent a request for remembrance in public prayer, as was then customary. The council for recognizing the church met March 3, and at the evening service I preached by request on the fundamental principles of Congregationalism. The Eliot Church had now again an experience of being weakened, and by the withdrawment of a larger number of members than in the previous movement. There was a mother's mingled feeling of satisfaction and of sadness, as when a beloved daughter gives the good- bye kiss on leaving for her new home of independence and larger responsibilities. The Highland Congregation and Sunday School began at once to increase, the latter enrolling over four hundred scholars and thirty-nine teach- ers. Rev. Albert E. Dunning was installed September 29, 1870, and remained pastor till December 25, 1880. His successor, Rev. William R. Campbell, came to the pastorate October 12, 1881. J. Walnut Avenue Church. The first swarm of bees is usually slow in leaving the hive. The next two swarms are more prompt. As re- gards the sentiment and movement of colonies the Eliot Church has found this true. We had been growing for nearly a quarter of a century before a kindred organiza- tion was formed on Mt. Pleasant. The sacred number of seven years thereafter had hardly gone by when I be- 176 ELIOT MEMORIAL. san to talk about another movement of the same kind. Our city mission work and the growth of our mission Sunday School on Parker Street naturally suggested a result similar to that on Vine Street. In 1865 the matter became one of a good deal of conversation, and the ques- tion was, Shall the next church be started on Parker Street or Walnut Street, since known as Walnut Avenue.'' It was not long before a question arose, Shall there not be two new churches } The latter was advocated at more than one of our regular weekly meetings in the year just named. In December the matter was referred to a com- mittee, which reported, on the 2 2d of that month, for substance that the population of Roxbury already ex- ceeded twenty-eight thousand ; that since the Vine Street Church was opened there had been an increase of about seven thousand ; and that in each of the two places of Congregational worship there were only a few sittings to be had ; that a Christian readiness to meet any new exigency by hearty and self-sacrificing cooperation would be a pledge of continued divine favor toward us. Three resolutions favoring church extension were adopted, one of which is the following : " Resolved, That while we should regret to part with so valuable a portion of our membership, we still hold ourselves ready, whenever mem- bers feel prepared to ask dismission with a view to being organized into a new church, to grant the same cordially bidding them Godspeed, pledging our sympathy and prayers, and feeling assured that we in turn shall enjoy WALNUT AVENUE CHURCH. 177 their kind and unfailing interest." This was something over three years before the Highland brotherhood — the first of two then in mind — received organized form. The favoring sentiment of the Eliot Church and a readi- ness to aid continued. In the meantime, indeed almost simultaneously, a sec- tion of our members were arranging for a similar move- ment on Walnut Avenue. It was inevitable that the pas- tor of any church should, under such circumstances, con- jecture that his continued presence was at least one occa- sion for such an unprecedented exodus in two directions. Prominent individuals were consulted. A written state- ment, avowing readiness to resign, if that would be for the interest of the Eliot Church, was submitted to a meeting of the deacons, and a perfectly frank expression of opinions solicited. The conference resulted in an indi- vidual and collective assurance that universal respect and nearly universal affection was felt for the incumbent ; that there was no reason why he should retire, and that such a step would bring disaster. One of the calmest and most conspicuous members said to me privately that if I re- signed he should sell his property and remove from the city, and that he was not alone in that conviction. In the Spring of 1868 a committee, appointed six months previously, reported recommending votes in favor of a church on Walnut Avenue, suggesting as a locality, " Near Munroe Street," and further that we would dele- gate some of our members, as well as invite the Vine 178 ELIOT MEMORIAL. Street Church to do the same, in furtherance of the measure. In the autumn of 1869 the daily papers an- nounced meetings that had reference to a Congregational Society in the neighborhood of Walnut Avenue. There was not only no quarrel, but there was no schism and no unfriendly feeling. We had repeatedly taken action ex- pressive of interest in the matter and of readiness for such church extension. Public worship was begun in Highland Hall on the first Sunday of October, 1870. Eighteen of the thirty-one teachers in our Sunday School, together with the superintendent and ninety of the schol- ars, and many others — among them the clerk and treas- urer of the pew proprietors, as well as six out of seven on the Prudential Committee — withdrew to the place named. It had privately been made known that the new enter- prise would " in no sense be a colony from the Eliot Church, and that no communication would be made to the church by those engaged in the movement, till they should ask for letters of dismission." An infelicity in the initial manner of this movement failed to interrupt our expectations and prayers for its success. December 9 seventy-one of our members were dismissed to a council called for the nineteenth of that month. At the afternoon session of the council Dr. Rufus Anderson made a state- ment that to the three younger brotherhoods of Boston Highlands the Eliot Church had dismissed a total of one hundred and sixty-six members, of which ninety-eight had been received by letter, and sixty-eight on confession of WALNUT AVENUE CHURCH. 179 faith, all of whom were received during the pastorate which began in July, 1842; that the admissions since that date had been five hundred and thirty by letter and four hundred and eighty on profession, in all ten hundred and ten ; that dismissions were also made to the Shawmut Church, Boston, the Harvard Church, Brookline, and the Church of Jamaica Plain, when they were organized, as well as subsequently to each of them ; but that notwith- standing these losses the Eliot Church and congregation were still larger than at the date before mentioned. The annual report of the Examining Committee of the Church for the year 1870, stated that while the superintendent, with more than half of the teachers and a large number of scholars in our Sunday School, were a part of the migration to Highland Hall October first, yet the subse- quent attendance had been the same as for the whole year; and further, that the attendance at our weekly church meeting during the same three months had not been below what it was for a considerable period previously. It was added that amidst the recent trial of parting with so many valued friends the tone of feeling in our church was of a gratifying character; that noteworthy hopeful- ness and harmony existed. Of the three hundred and eighty-five in our remaining membership more than one hundred and fifty were either non-residents or not worship- ping with us, thus leaving a virtual membership of only about two hundred. The aggregate of removals within less than two years l8o ELIOT MEMORIAL. was larger than ever left any church of our faith and order in the commonwealth in so short a period. It is also without parallel that, in the course of thirteen years any church of the same denomination in Massachusetts, if any one in the land, had sent out bodily three new churches, each a good-sized, vigorous band, giving promise of efficiency and success such as have followed. This is the more worthy of note, as between the years 1842 and 187 1 fifteen of our Congregational churches in Boston and the immediate vicinity had lost separate existence. It should be added that the relations of the Eliot and the Walnut Avenue churches have been cordial, that no pastor was ever more heartily welcomed to the neighbor- hood, or ever showed himself more worthy of universal affection than our Dr. A. H. Plumb, whose pastorate now exceeds a quarter of a century. Being requested to take part in the services of the twenty-fifth anniversary of that church, I was glad to re- spond, and, at the close of an extended address, was glad to say what might be said of each one in the four that compose our goodly Highland fellowship : For flattery I have no words; for congratulations, many words. In view of the prosperity and the reputation of this brotherhood, I give thanks, and bring cordial saluta- tion. It is understood that you are social without being socialistic ; that you favor Christian union without the infusion of unchristian elements ; that you are not eager to put on imported garments, some of them soiled, and WALNUT AVENUE CHURCH. some fatally infected. You know how to be courageously firm without being belligerent ; you propose to maintain " unity of spirit in the bond " — not in the bond of sand- rope laxity ; not by assimilating the reputed excellencies of destructive criticism, or the supposed good things in Brahminism, Buddhism, and Mohammedanism, but " en- deavoring to keep the unity of the spirit in the bond of peace." Numerous as are the tribes of God's true Israel, each has a standard of its own, and also a blessing pecu- liar to itself ; yet there is but one law, one altar of sac- rifice, one mercy-seat. You hold to a present universal priesthood of believers, not to sacerdotalism. You are not in the habit of limiting the grace of Christ to sacraments, nor of extolling the sacraments above the grace wh".ch may, and may not accompany them. Thank God this is a Church which does not concentrate thought exclusively upon itself ; a missionary Church that recognizes as neighbor the man who launches his boat on the Colum- bia or on the Rio Grande, on the Nile or on the Congo; on the Ganges or on the Euphrates. CHAPTER XIV. FELLOWSHIP ECCLESIASTICAL AND MINISTERIAL. While every Congregational Church claims parity of rights for each of its members, and its own parity of rights with every other church, it accepts as fundamental the right and need of fellowship between churches. No particular brotherhood can suitably administer its internal affairs and carry on its evangelistic work without regard to others of the same faith and order. There is a com- munity of interests and aims that makes a certain amount of fellowship obligatory as truly as fellowship within an individual church. No less true is it that if one member in a denominational group suffer, all the members suffer with it. The brethren at Antioch are sure to have need sooner or later of sending to the breth- ren at Jerusalem for counsel. If it is true that secular corporations have no souls, here is a sacred body that should be all soul — in quick sympathy with its fellow Christian bodies. Congregational churches in a given vicinity constitute by their very existence an Evangelical Alliance. Each is a divine society, controllable by no out- side authority save the authority of Him who is head over all things, yet each is under bonds, recognized though invisible, to maintain such fraternal intercourse as obvious relations require. Each separate organization is an eccle- FELLOWSHIP. 183 siastical individual supposed never to stand in conceited isolation, but gladly recognizing that " In the multitude of counsellors there is wisdom." Such cooperative pro- cedure is consistent with all reasonable independence. Each of the twelve tribes has its own distinctive standard and character, while there is but one host, one tabernacle, one altar and one mercy-seat. In the Eliot Church there has never been any seri- ous division and still less any quarrel. During the period now specially under review (1842-1871) there was no occa- sion to call a council except for the ordination and instal- lation of the second pastor. The church was, however, invited to one hundred and thirty councils — nine for the organization of churches; four for such organization and settlement of a pastor ; one for disbanding a church ; seventy-one for settlement of pastors ; thirty-three for dis- mission of one pastor and settlement of another ; twelve for other purposes. This church has shared regularly and profitably in organized fellowship, such as has been furnished since 1 86 1, at the semi-annual meetings of the Suffolk South Conference. At an earlier date there were less formal occasions of spontaneous neighborhood fellowship, which were a delight as well as decidedly helpful. For example, toward the close of 1866 the Vine Street Church joined us by invitation in a eucharist, recognizing the special grace of God to us that year. Just one hundred mem- bers had been added to our number that twelve month, 184 ELIOT MEMORIAL. sixty-nine of them on first public profession of faith. Now and then tangible tokens evinced Christian regard. In February, 1862, occurred the dedication of a little chapel built by a handful of Hollanders. Three languages were used in the service, two German ministers being present besides the Dutch pastor and half a dozen American Congregationalists. It was a heroic effort by which those few foreigners supplied themselves with a place of worship. We could not deny ourselves the privilege of expressing sympathy and giving some assistance. Men, women and children all told amounted to only a little over a hundred, yet during that cold season, a time of business depres- sion, and though strangers in a strange land, they built themselves a chapel. None of them received more than a dollar a day. Several had small sums in the savings bank. Some, if not all of them, withdrew their deposits and contributed the whole. After working hard all day they would fish for smelts by night in the Back Bay. A friend of ours supported for a time their excellent pastor, the Rev. Mr. Van der Kreeke. At the installation of Rev. E. E. Strong over the John Eliot Church of South Natick, I presented to that brotherhood, in behalf of the Eliot Church, Roxbury, a pulpit Bible and Hymn-Book ; and on another occasion our ladies presented a silver communion service to the beloved band which formed the Vine Street Church. These and like things confirmed pleasant relations, and called forth gratifying reciprocal expressions. FELLOWSHIP. 185 When Dr. Anderson and myself started (1853) on a deputational visit to missions in India, the Eliot Church handed us a letter of warm Christian greeting to churches in that land, which were under the care of the American Board. At the same time a member of the congregation gave me privately a sum of money to be spent at my dis- cretion on our mission fields. It enabled me to furnish, where there was special need, more than one native church with a plain sacramental service. In twelve in- stances the letter-missive, which had been translated into Marathi and Tamil, was communicated with the very happiest effect. The interval of more than ten thousand miles was no bar to a glow of spiritual fellowship. A reacting stimulus took place when word was sent home, " The churches of Asia salute you." Among pastors and certain other ministers there was much hearty and hallowed communion. Sometimes upon the suggestion of one in their circle who felt specially moved to that end, it took the form of a Retreat. Such private reunions for prayer, for the contemplation of Scrip- ture truth and the unfolding of personal experience, were peculiarly sacred. Heart touched heart as at no other time. With a little less freedom, yet without publicity, were such gatherings as, for example, that of a pastoral association of Boston and vicinity, in January, 1847. ^ day was devoted quietly to associated prayer with fasting, in the vestry of Old South Church. Coming together at ten o'clock in the forenoon the brethren remained in ses- l86 ELIOT MEMORIAL. sion, except a half-hour's recess, till past the middle of the afternoon. It was a day memorable for earnestness, freedom and tenderness of religious intercourse. The savor of holy sympathies that were awakened, and the descent of magnetism from beyond the clouds, were a lasting benediction. Pulpit interchanges were one obvious form of fellow- ship, a fellowship at once clerical and semi-ecclesiastical. Such exchanges were chiefly with brethren in the neigh- borhood, and for only one of the public Lord's Day ser- vices. When such exchanges were with Drs. N. Adams, Kirk, Plumb, Laurie, J. H. Means, and J. O. Means, special gratification was pretty sure to be expressed by many in the congregation. The prevailing sentiment seemed to be what is embodied in a Tamil proverb, " No matter who pounds it if it is rice." Occasionally an arrangement for both parts of the day occurred and with a brother at some distance. In such cases I always went the Saturday before. On the way to Braintree for an exchange with Dr. R. S. Storrs, Sr., I encountered a specimen of supreme Yankee inquisitiveness. A seat- mate in the car asked : " Stop at Braintree } " " Yes." " Know Dr. Storrs ? " " O yes ! " " Smart old man. Does he preach at home tomorrow ? " " No, I exchange with him." " Well now, I reckoned you was a preacher when I first saw you. Where do you preach when you are at home ? " " Roxbury." " Pshaw, I married in Rox- bury. What name might you have ? " " Thompson." FELLOWSHIP. 187 " D' ye know Anderson ? Smart fellow." At that moment the conductor called out Braintree to the relief of at least one passenger. In one instance an unusually unin- teresting minister occupied our Eliot pulpit in the fore- noon, and it was supposed would do so in the afternoon. A lady declared it was unendurable, and she must have something better. Accordingly under a broiling July sun she walked to the Pine Street Church, then the nearest in Boston, in order to hear Dr. Austin Phelps. To her dismay, she had to listen to the same preacher and the same sermon which disgusted her earlier in the day. Petty embarrassments would sometimes occur, owing to a want of uniformity among our churches in the order and number of parts in a service. In one instance there being needlessly two different collections of hymns at hand, I made selection from the wrong book. At one period and in one of the city churches it was customary for a leading man in the musical world to select a hymn to follow the sermon, and place the number in conspicu- ous figures on the front of the organ. The preacher, whatever his own preference, was expected to accept this annoying dictation. On an exchange a note from one of the pastors ran as follows : " Our choir can sing anything you may select, with about equal bad taste, dis- cord and confusion." Of preachers who at my request kindly occupied the pulpit, making a noteworthy impression, several come to recollection with special distinctness. Some of them were 1 88 ELIOT MEMORIAL. foreigners, as Pastor Fisch of Paris ; also Rev. Mr. Chal- mers, a nephew of Dr. Thomas Chalmers, a member of the Deputation from the Free Church of Scotland, soon after the disruption. We took up a collection in aid of their sustentation fund. Twice we had the pleasure of listening to Dr. Lord, President of Dartmouth College, one of whose sons was at that time worshiping with us- Rev. William G. T. Shedd, d. d., ll. d., then a professor at Andover, preached for me two or three times. He had but little action ; was perfectly free from everything mere- tricious and apparently from all thought of himself. He furnished a fine illustration of the power of lucid thinking and cogent reasoning, clothed in language devoid of a single superfluous word, to hold the fixed attention of every one in the congregation. The last time Dr. Lyman Beecher preached for me he exhibited some of the signs of advanced years. Of oratorical graces there were none ; but once well on in his discourse, up went the spectacles to the top of his head, and up roused the slumbering giant to something of his earlier force and to the evident gratification of all present. After the service I accompanied him to the porch, where his old friend. Dr. Anderson, gave the greet- ing, "Dr. Beecher, may you live forever!" "I 'spect to," replied the old man. Most of the returned foreign missionaries, who accom- panied me to the pulpit, were heard with great acceptance. Such, for example, was Dr. Lindley from South Africa. FELLOWSHIP. 189 Dr. Thomas Laurie was always listened to with marked attention and profit. He had been supplying the pulpit when I came to Roxbury in 1842, and was then under appointment as a missionary to Persia. Although he had not quite attained to majority, he was a man of power. The same characteristics as a preacher showed them- selves then as after his return and in the later years of his ministry — modesty, self-forgetfulness, an ardor glowing in his own soul that kindled responsive warmth and even fire. North Britain has perhaps sent no man to this country who brought more of the Ingenium praefer- vidum Scotorum. Several of the most intelligent mem- bers of the church have told me that they were never so much moved and elevated by the unction of any man's prayers as by his. Another was the Rev. Dr. William Goodell of Con- stantinople, when at home on a furlough. He made no attempt at oratory. His style was chaste. Seriousness and earnestness characterized every part of the service. At the same time an occasional sub-tincture of quaint- ness or of unpremeditated humor would relax the features of a delighted audience. No listener could forget him or forget the Turks. I said to him, " Father Goodell, what is to be the future of the Turkish Empire .? " " That," said he, "is a question I put to Lord Stratford de Red- cliffe, and his answer was, ' It depends very much upon the divine decrees.' " Dr. Daniel Poor, after reaching home on his furlough^ 190 ELIOT MEMORIAL. spent the first Sabbath with me. Being introduced to the audience, he rose and without naming chapter or book said, in a clear tone and with much deliberation, " The churches of Asia salute you ; " turning to the right, " The churches of Asia salute you ; " then again to the left, " The churches of Asia salute you." By that time old and young were ready to rise from their seats and return the salutation. " First Corinthians, sixteenth chap- ter, nineteenth verse," was announced as the text ; and the most riveted attention was given him till the Uose of a narrative discourse. Six years after that, as suffering from sick-headache I reclined on a lounge at Manepy in Ceylon, Mrs. Poor, who had just become a widow, placed a pillow under my head and observed, " You are lying where Dr. Poor died." His last whis- pered words were, " Joy, Joy ! Hallelujah ! " and I thought. What a salutation must ransomed natives have given the dear man as he joined them on high ! BIOGRAPHICAL SKETCHES. CHAPTER XV. BIOGRAPHICAL SKETCHES. The history of any church or society without pen photographs of prominent members will be incomplete. Such members never fail to give tone to an organization, and especially in its earlier days. Modification of the type first taken on is seldom effected soon. In the primitive years of the Eliot Church and Society leading men were characterized by superior intelligence and sound judgment. The lists of individuals which follow are by no means exhaustive of names entitled to commemora- tive record. They are arranged with regard to corre- spondence in position, profession, and the like, or with regard to the order of time. Material at hand has had influence in determining the selection of names. It will be particularly noticed that these friends were in the church or congregation prior to the autumn of 187 1, at which time Dr. B. F. Hamilton became the associate pas- tor. Some of them remained here for a longer or shorter time after that date. THE DIACONATE. The Congregational churches of New England have from the first owed much to those holding this office. No set of men, save ministers of the Word, have as a 194 ELIOT MEMORIAL. whole been more efficiently useful to the community in affairs both sacred and secular, or better entitled to con- fidence and respect. The earliest of all in colonial days was Samuel Fuller. He had held the office in John Rob- inson's church at Leyden, and became a prominent man in the church of the Pilgrims at Plymouth. His medical services were called for in the two colonies on our coast, and by conferences with Governor Endicott he did more than any other layman to give a Congregational form to the First Church of Salem. William Gager, the first dea- con of the First Church in Boston, the principal physician and surgeon in the town at that time, was a man of firm faith and irreproachable life, for whom the proper authori- ties provided a house and salary at public charge. Mat- thew Gilbert, the first man chosen to this office by the First Church in the New Haven colony, was afterwards Deputy Governor. The late Governor Buckingham of Connecticut held this office for many years ; so did Gov- ernor John Treadwell, the first President of the American Board, as well as Thomas S. Williams, Vice-President of the same institution. President of the American Tract Society, and also Chief Justice of the State. Associated with him in the Center Church, Hartford, was Governor William W. Ellsworth. One reason why no more men held this position dur- ing early New England times, is that for several genera- tions there was supposed to be an incongruity between such a position and a civil or military office, so that no THE DIACONATE. ^95 one could hold office in town or state and at the same time hold this office in a church. But later came a change of sentiment and hence such men in the neigh- boring state as have been mentioned were church offi- cers. In other sections the same has occurred, as for instance in the case of Governors Fairbanks and Page of Vermont; Hon. T. W. Thompson, United States Sen- ator, and Hon. Samuel Morrill of New Hampshire ; Gen- eral Henry Sewall of Maine, one of Washington's body- guard, and Governor Dunlop. The Commonwealth of Massachusetts has had similar representative men, as Hon. Ichabod Washburn, Hon. William B. Bannis- ter, Hon. W. J. Hubbard, Judge Hooker, and Lieut- Governor William Phillips. But whether enjoying wide reputation or not, such officers have, as a body, been public spirited men, right-minded and invaluable. The wealth of nations as of churches is their truly able and saintly men. The diaconate, if not essential to the very being of a church, is essential to its well-being. Like the original goodly group of seven at Jerusalem, the office- bearers here have been men worthy of commemoration in local annals. I. ALVAH KITTREDGE. No man was more efficient in the preliminaries which led to the formation of the Eliot Church than Mr. Kit- tredge. A plan for the gathering of an evangelical Con- gregational brotherhood in Roxbury was discussed in 1833; and when Mr. Kittredge removed to the place in 196 ELIOT MEMORIAL. the summer of the year following, his house became the rendezvous for those who were interested in the proposed enterprise. His house remained always most hospitable. The first meeting of the Eliot Society was called to order by him, and as chairman of a committee he pre- sented a code of by-laws for the government of the same. From that time onward during many years he held office of some kind in the Society. He was chosen one of the first two deacons of the church, November 6, 1834, and for over two score years faithfully discharged the duties of that office. He was chosen superintendent of the Eliot Sunday School at the time of its organization, a position which he had held for seven years in connection with one of the largest similar schools in Boston. In this oi^ce he continued for a quarter of a century, and on retiring from that post (1859) he took charge of a Bible class of young ladies, which was retained by him till the day of his death, at the age of seventy-seven. Mount Vernon, N. H., was his birthplace. There was never occasion to record against Mr. Kit- tredge needless absence or tardiness at any engagement, secular or religious. During the first eight years of the Roxbury City Government he was a member of the Com- mon Council or the Board of Aldermen. He was one of the chief originators of our beautiful Forest Hills Ceme- tery, earnestly advocating the purchase of a tract of land for that purpose. He was for fifteen years Chairman of THE DIACONATE. [97 the Commissioners, and then President of the Board of Trustees till his death. From the first his time was largely devoted, and at length almost exclusively devoted to the cemetery. For many years he was superintendent of that attractive place of sepulture, and all his services were entirely gratuitous. His own interment there did not occur till more than fifteen thousand interments had taken place in the same sacred inclosure. The total number of interments up to the present time exceeds thirty-one thousand. Mr. Kittredge was an unaffectedly modest man — never forward, yet never shrinking from duty. Decided without being opinionated he was acknowledged to be a wise counsellor, and one of the very pleasantest of men to work with. His smile, frequent and genial, lighted up a countenance always pleasing; but he never laughed boisterously. Before his decease he had seen over twelve hundred welcomed to membership in the Eliot Church, and an aggregate of nearly a thousand gathered into the three young church families, which went out from this central home. Mr. Kittredge was a humble, devout, consistent Chris- tian. The great spiritual crisis took place when he was twelve years of age. He himself, his family, the Eliot Church, and the world at large owe not a little to a believing New Hampshire mother. 198 ELIOT MEMORIAL. 2. WILLIAM G. LAMBERT. Another of the two officers first elected was Mr. Lambert. He came from Rowley at sixteen years of age, having prepared for college, but weak eyes obliged him to give up study. He first connected himself with the Park Street Church. His services and influence in the Eliot Church were highly valued, and when he removed to New York (1839) no little regret was felt. Deacon Lambert was one of the original members of the Broadway Tabernacle Church in 1840. Connected with his removal from the Eliot Church there was a pecu- liarity. The letter of recommendation bore date August 7, 1840, but Deacon Lambert's formal resignation of the office which he had held did not take place till the fol- lowing year, 1841. By the transfer of membership the official position lapsed necessarily. No one can properly hold that office in a church of which he is not a member. The mistake on the part of Deacon Lambert was that in requesting dismission he did not at the same time com- municate his resignation of office. In New York, Deacon Lambert held many respon- sible positions in financial and commercial enterprises. He was one of the founders of the Equitable Life In- surance Company. Not long after removing to that city he joined the First Presbyterian Church in Brooklyn, but subsequently renewed his connection with the Tabernacle Church, and there held the office of deacon for many THE DIACONATE. 199 years, indeed till his death, December 24, 1882. Among the resolutions adopted by the church in New York at that time are the two following : " Be it Resolved, That while we mourn our loss, we give hearty thanks to our Heavenly Father that he has so long spared to us a beloved and revered office-bearer, and favored us for so many years with his presence and counsel, preserving him to a good old age with all his faculties in vigorous exercise, so that, in spite of his more than four-score years, we can almost say of him as of the Hebrew lawgiver, ' His eye was not dim, nor his natural force abated.' " Resolved, That we cherish Deacon Lambert's memory as a wise counsellor, a faithful friend, an earnest worker in the church, and an humble, consistent follower of the Saviour." ' 3. HENRY HILL. Three years after the church was organized Mr. Henry Hill became a member. He came from the Park Street Church, where his position was one of prominence,, and not long after removing to Roxbury he was elected deacon in this new connection. He was then in the prime of life, having been born in Newburgh, N. Y., Jan- uary 10, 1795. Owing to a change in his father's business, he relinquished preparation for college, on which he had been engaged for more than a year, and removing to New York City, became at fifteen clerk in a large mer- cantile house. Insteajd of attending the theater and other places of amusement, he devoted himself to acquiring ' Year-Book of the Broadway Tabernacle Church for 1 882, p. 7, ELIOT MEMORIAL, the French and Spanish languages, in both of which he became proficient. His capacity for business and his sound judgment were early developed ; hence at twenty years of age he went to France as supercargo to pur- chase silks and other goods in Paris, and two years later was sent as agent of his firm to Buenos Ayres and Chili. Mr. Hill's religious life and his kindliness were also early developed. On the voyage to South America, he gave lessons to the sailors in reading and writing ; dis- tributed Bibles and tracts among them ; conducted a religious service on deck every Sunday when the weather allowed, and at times visited the forecastle to read and talk with the men. At Valparaiso he established a mer- cantile house — his accounts being kept in Spanish — and was soon appointed United States Consul for that city and Santiago. During the three and a half years' residence at the former place, he traveled extensively, and must have been one of the first men, if not the very first from our country, to make a trip on horseback across the Andes. On returning to the United States, Mr. Hill had tempting offers of business arrangements in Peru and New York ; but he was desirous of finding some position more directly connected with the cause of Christ. Divine Providence opened the way for his appointment as treas- urer of the American Board, and accordingly he removed to Boston (1822) one year after its incorporation as a city. THE DIACONATE. 20I For that office his business tact and wide business acquaint- ance qualified him eminently, and during the thirty-two years that he held it more than six millions of dollars passed through his hands. On retiring from the post at sixty years of age, he made a thank-offering to the Board, that he had had the privilege of serving so long as its treas- urer. The amount was two thousand dollars, a sum not saved from his salary, but accruing from another source. As a member and officer of the Eliot Church, Mr. Hill was one who neither gave nor took offense. Always in his place he was neither officious nor backward. He maintained a happy medium between coldness and exces- sive emotion. In council calm, clear, judicious, he mani- fested no conceit and no irritability. As one of the orig- inal members of the Vine Street, now Immanuel Church, he took a leading part in its formation and its early growth. One of his memoranda relative to leaving our connection reads as follows : — "I was perhaps too happy there. . . To leave that home of my choice, my pastor, my brother deacons, the Eliot Church and Society, friends such as I never expected to find again this side of heaven. Oh ! if I ever made a sacrifice it was when I consented to join the little band of twenty-six to form the Vine Street Church." Socially, Mr. Hill was never frivolous, but always genial and a most agreeable companion. The Eliot Church has, perhaps, never had a member who more happily combined gentleness and decision, or who was 202 ELIOT MEMORIAL. more truly a Christian gentleman. He was a man of great regularity in habits of industry, temperance and general self-control. Ardent spirits, tobacco, highly sea- soned and very rich diet he eschewed. Such regimen contributed largely no doubt to his serene and beautiful old age. He lived ninety-seven years. 4. REV. WILLIAM WARD DAVENPORT. " They that have used the office of a deacon well purchase to themselves a good degree." That was em- phatically true in the case of Mr. Davenport. He was for five years a deacon in the Eliot Church, and by universal consent filled the office with unusual wisdom and accept- ance. That a " good degree " followed will appear in the course of this sketch. His parents were valued members of the Old South Church, Boston, his mother being a daughter of the Rev. Ephraim Ward of West Brookfield, Massachu- setts. Upon graduating from the Franklin Grammar School and the English High School, Mr. Davenport re- ceived in each instance a medal for excellence in scholar- ship and deportment. A voyage to China and another to Batavia gave him some personal acquaintance with busi- ness in foreign countries. As civil engineer he was en- gaged in the primary survey for introducing the Cochit- uate water into Boston, after which he entered a whole- sale dry-goods house, where he remained as clerk and then as partner for about twenty years. THE DIACONATE. 2 03 His religious character took its coloring in part from deep conviction of sin and a clear apprehension of free forgiveness through the merits of Jesus Christ. The great truths of our holy religion, including righteous con- demnation for sin, the need of regenerating grace, of holy living, and a love that leads to Christian activities, held a controlling and ever-growing influence over Mr. Davenport, No pressure of business cares interrupted his religious endeavors in neglected sections of the city. He also con- ducted prayer meetings and other religious services in the Mariner's Church, the State Prison, Chelsea Hospital and elsewhere. For a series of years he was Secretary of the Boston Sabbath School Union and wrote its annual reports. For yet a longer period he was Secretary and Director of the Penitent Female Refuge, where he con- ducted on the Lord's Day a service, and where a week- day service begun by him still continues. The prayer meeting which led to the formation of Shawmut Church was one in which he took an active part. On removing from the Old South Church to the Eliot Church in 1848, he was at once recognized as a highly valuable accession. Always ready for any appro- priate share in devotional meetings and outside labors, he was never obtrusive, never given to talking about him- self or his own doings, but modest, discreet and earnest. He early took charge of a Bible Class of young men, which was conducted with great profit to them. Even- ings which brought no special engagement, and other 204 ELIOT MEMORIAL. spare hours, were given to a devout and careful study of God's Word. Upon the retirement of Mr. Henry Hill from being an office-bearer, 1857, there was a prompt unanimity in electing Mr. Davenport to the place. Wise in counsel, punctual in all engagements, he enjoyed the confidence and affection of all. At length Mr. Davenport came to me for consultation in regard to preparing for the ministry. Without re- ceiving discouragement he was advised to let the decision depend upon a clear, divine intimation whether it favored or dissuaded. The main elements that constitute a call of God to the work were discussed. Two months later he became fully convinced that, although forty-two years of age and engaged with agreeable associates in an easy business that promised an accumulation of wealth, he set his face toward the sacred office. More than two years were devoted to a course of study similar to what was pursued at our theological seminaries. The Greek grammar was mastered and portions of the New Testa- ment were read in the original language. The study of Hebrew was begun, and some acquaintance with parts of the Old Testament in that tongue was secured. System- atic Theology received special attention ; also Homiletics. Nor was Church History neglected. On these lines an hour was spent with me six days in the week for the period just named. It was a special advantage to Mr. Davenport that he had a well trained, logical mind ; that for many years he had cultivated the habit of a careful THE DIACONATE. 205 use of the pen, contributing articles to religious papers and to the Panoplist, of which he was at one time the editor. Not long after licensure by the Suffolk South Asso- ciation of ministers, he supplied the pulpit of one of the most prominent city churches in New England, for a single Sabbath, the pastor being absent. The people at once took action — an unusual thing — passing a com- plimentary vote and communicating the same to him. In 1 86 1 he was ordained and installed pastor of the Con- gregational Church in Danielsonville, then the largest rural church in Connecticut. There he remained an acceptable and successful preacher as well as devoted pastor for fully seven years. By general consent Mr. Davenport was a godly man, unswerving in loyalty to the doctrines of grace, but kindly considerate of the feelings of those who differed from him. He was highly esteemed by neighboring min- isterial brethren. He took broad views concerning the sphere of clerical duty ; foreign missions had a warm place in his thoughts, and he became a corporate mem- ber of the American Board, But his chief aim was to " Feed the flock of God," to which he had been set apart as shepherd. A member of that flock spoke for more than one when he pronounced Mr. Davenport, " The most instructive preacher I ever heard." But health be- gan to fail. Pulmonary disease, to which there had been an obvious liability, was developed. Under medical advice 2o6 ELIOT MEMORIAL. he went to Pau in France, where, after a few months, he died. May 20, 1870, in the fifty-fifth year of his age. When the vine-clad hills of southern France shall give up their dead, there will be early witnesses to Christ's cross and crown, martyrs of primitive times, but no one of that age or any subsequent period more intelligently and firmly grounded in Christian faith than our friend and brother. 5. ANDREW S. MARCH. Mr. March was born in Portland, Me., February 27, 18 1 1, and was baptized in infancy by Dr. Edward Payson. His widowed mother placed him when twelve years of age in a dry-goods store in Portland. Not long after that he came to Boston, and was employed by one of the larger dry- goods concerns of this city. On attaining majority he en- gaged in business independently with James M. Whiton, and the firm of Whiton & March was well known for many years. Mr. March, coming from Park Street Church, was also one of the original and highly esteemed members of the Eliot Church. His services in the diaconate were from 1845 to 185 1, when he removed to West Roxbury. He was a man of even temper, of marked self-control ; a peacemaker endowed with a happy tact in reconciling differences, both in the church and in the political caucus. By knowing what not to say, and by a conciliatory and shrewd way of putting things, he would generally succeed in carrying a point with- THE DIACONATE. 20/ out losing the respect or good will of others. In domestic life his manner was invariably equable, gentle, and yet accompanied by a decision that secured willing deference. He once told the writer that on making public profes- sion of Christian faith he resolved never to shrink from any duty imposed upon him. His fidelity and punctuality could be depended on. Whatever uncertainty there might be regarding any other person, there was none regarding An- drew March. One characteristic incident showed the man. Leaving horse and sleigh for a moment at the door one cold evening — the evening for the stated church meeting — he stepped into the house to get a robe. Returning, he found horse and sleigh were gone. He then started a man-servant in one direction ; stopped on his way at the house of a brother-in-law, whom he started in another direction ; and with quick step was just in season at the chapel. About to open the door he cast a glance toward the neighboring shed, and there saw horse and sleigh in the familiar stall. The animal had formed a sympathetic habit and knew where to go when church-meeting night came round. Mr. March removed to West Roxbury in 185 1 and con- nected himself with the church in that place. One street there bears his name, and beautiful trees of his planting witness to the public spirit and good taste of the man. He was never robust. A pulmonary attack would not at any time have seemed unnatural. It was while engaged in service for the public that he took cold. Upon medical recommendation he went South, but no alleviation followed 2o8 ELIOT MEMORIAL. and he reached home only forty-eight hours before departure to the " land that is very far off." He could utter but a few words to wife and children : " Though I walk through the valley of the shadow of death I will fear no evil ; " "I am persuaded that neither death, nor life, nor angels, nor princi- palities, nor powers shall be able to separate me from the love of God which is in Christ Jesus our Lord." Then looking up — " Jesus, lover of my soul, Let me to thy bosom fly." That flight he took December 22, 1854, at forty-six years of age. His son writes : " The remains rest in the Forest Hills Cemetery, his lot being beside the lot of his dear friend. Dr. A. C. Thompson, and that of Deacon Alvah Kittredge." 6. EDWARD B. HUNTINGTON. In the order of seniority Mr. Huntington was the sixth entrusted with the office of deacon (1856-1871) and so far from any one regretting the choice there was universal satisfaction. He was kind, courteous, faithful, punctual in attendance upon religious services ; never obtrusive, yet always ready to accept his share of responsibility. He was born in Norwich, Connecticut, June 18, 1806. After school- days were passed he went into a New York hardware store for a year or two ; then with a friend went into independent business and was successful. He joined the Mercer Street Church, in the pastorship of Dr. Thomas Skinner. He was THE DIACONATE. 209 regarded as a man of excellent judgment and his counsel was sought in matters of difficulty. Mr. Huntington left Boston in 1872, his health being much impaired. One winter was spent in Aiken, South Carolina, and another in Florida ; but the harassing cough which had come on was ominous. Strength failed rapidly, and his sixty-ninth anniversary of birth (June 18, 1875) was his birthday into the city of our God. His last days were days of complete calmness and serenity, sweetness of temper and resignation. The mortal resting-place is beside that of two children, Susan and Edward, in our beautiful Forest Hills Cemetery. Mr. Huntington was not of a joyous temperament. He suffered in later life not infrequently from depression of spirits due to heredity. A tender conscientiousness became apparently morbid at times and a too severe introspection was maintained. He was gentle and sensitive, cherishing a high standard of integrity and Christian living, a devoted parishioner and interested in all church concerns. The cause of missions commanded a lively and abiding interest. This was in some measure a family characteristic. His pater- nal grandmother. Faith Trumbull, was a daughter of the first Governor Trumbull, and his father, Dea. Jabez Huntington, was a son of General Jedediah Huntington, one of the nine original corporators of the American Board. Miss Sarah L. Huntington, who became the wife of Dr. Eli Smith, the well known missionary in Syria,' was a sister. ^Memoir of Mrs. Sarah L. Huntington Smith, late of the American Mission in Syria. By Edward W. Hooker, d.d. Third Edition. 2IO ELIOT MEMORIAL. Mr. Huntington gave me (i860) a list of forty-six clergy- men bearing the family name. They represented five gen- erations, and were descended from the two Huntington brothers, who went in 1660 from Saybrook to Norwich as pioneers. The widow of Simon Huntington was a member of the church to which John Eliot ministered. 7. MOSES HENRY DAY. Mr. Day was one of the few natives of Roxbury — where he was born July 9, 1832 — who became prominent in the Eliot Church. His immigrant ancestor was supposed to be Robert Day, of Ipswich, who came from England in the "Hopewell," 1638. Mr. Day prepared for college at the Roxbury Latin School, and graduated from Harvard 1853. He then immediately devoted himself to business and before long was manager of the manufacturing department of Sewell, Day & Company's cordage establishment, and later president of the same. In that position he continued through remaining life. Unquestioned integrity and honor marked his entire business career, as was true of each mem- ber of the firm, which included his father — a man of invent- ive genius, and one of its founders — and a younger brother, Mr. William F. Day. No business concern of Boston, and probably no other in the country, has shown a more uniform and wise regard for the welfare of employees, by encouraging all good habits and by kindness to them as well as to their families. The men were instructed to be cautious in lan- guage and action. No profaneness was allowed on the THE DIACONATE. 211 premises. Only the best quality of goods, honestly made and honestly labelled, were accepted by the firm or delivered to purchasers. As a natural consequence, their products were in wide demand and gave unvarying satisfaction. As might be expected, the several members of the corporation were loved and honored by the workmen, and the wheels of business were never stopped by strikes. The company had in their employ at one time forty persons who had worked for them ten years, of whom ten had been in their service for twenty years ; five for thirty years ; three for forty years ; and two between fifty and sixty years. Honesty and kind- ness pay well. Mr. Day held various trusts, as Bank Director, Presi- dent of the Institution for Savings, Trustee of the Roxbury Latin School, examiner in Latin at Harvard Colles^e, and a Councillor and Alderman in the City Government. For ten years (185 7-1 867) he was a Deacon of the Eliot Church and for twelve years (i 869-1 881) held the same oflfice in the Highland Church, and in the latter was, for an equal period, Superintendent of the Sunday School. He was a man of simple tastes who found his chief happiness at home with his family, where as a father he showed peculiar kindness and devotion to the children, yet requiring and securing implicit obedience. In all positions and relations, while conservative and firm, he exhibited a charitable disposition, and without being imperious was a man of decision. Failure of health occasioned a voyage to Europe. The tour, however, brought little relief, and returning to Boston he entered into rest January 17, 1882. 212 ELIOT MEMORIAL. 8. LUCIUS HAMILTON BRIGGS. Mr. Briggs was anything but a fighting man, though a descendant from military men. Jeremiah Stiles, his maternal great-grandfather, was a captain in Col. Paul Dudley Sargent's regiment at the Battle of Bunker Hill. He made the official report to Congress, then sitting in New York, on the death of General Warren. Captain Stiles was afterwards a portrait painter and civil engineer, holding various offices in the town of Keene, N. H. He was a delegate to the convention at Concord (1778) for forming a State Constitution, and was elected a member of the Committee of Safety (1776). With two hundred others he then signed the following declaration : — "We, the subscribers, do hereby solemnly engage and promise that we will, to the utmost of our power, at the risque of our lives and fortunes, with arms oppose the hostile proceedings of the British fleets and armies against the American Colonies." On the father's side Mr. Briggs was at an equal remove from Eliphalet Briggs, an officer in the Indian wars. No less loyal in spirit and no less ready for self-sacrificing service than they, he was, however, eminently a man of peace. Mr. Briggs was born at Keene, N. H., November 4, 1811, and received his education in the public schools of that town, after which he entered into business there. Subsequently he became a business man in Boston (1847). ^^^^^ ^^^^^ (January, 1873), Mr. Briggs was chosen General Agent of THE DIACONATE. 213 the Roxbury Charitable Society, a position for which his warm sympathy with the poor peculiarly fitted him, and which he held till 1886, when ill-health obliged him to resign. That Society, instituted in 1794, and incorporated February, 1799, is one of the older benevolencies of our country. The Hon. John Lowell was its first president. For many years the income and the demands for aid were comparatively small ; and at length by the failure of the Rockland Bank, an accumulated fund was almost entirely lost. Since then, however, handsome bequests and gifts have furnished a permanent fund of more than one hun- dred and sixty thousand dollars ; while charities disbursed from the first to the present time do not fall short of three hundred and fifty thousand dollars. The require- ments for 1894, for instance, were very heavy, owing to the fire in May of that year, which rendered nearly four hundred families homeless. In 1896 seven hundred and thirty-one families, representing twenty-seven hundred and forty-seven individuals, received aid in the usual forms of clothing, furniture, fuel, provisions, etc. Work is supplied at the wood-yard, and an efficient dispensary department is maintained. Mr. Briggs was a man of cheerfulness, kindly dis- posed, prompt and faithful in various relations and duties. Nothing but sickness could keep him, for instance, from church meetings. More than once he told me that, how- ever wearied he might be by a day's work, the hour of 214 ELIOT MEMORIAL. fellowship in the chapel always rested and refreshed him. For many years he had a Bible Class of lads and young men in the Sunday School. In the family no one could be more affectionately thoughtful than he, seldom com- ing home after business hours without bringing some little token, usually a flower. On coming to Boston he was connected successively with the Pine Street and Park Street Churches, and then removing his connection to the Eliot Church (1858). After thirty-one years of membership with us, and twenty- eight years of service as an office-bearer, he fell asleep, April 17, 1889, having enjoyed the full confidence of all, that he was indeed a " good man." 9. JOSEPH RUSSELL BRADFORD. In the book of Judges it is said of a certain place, "There was a strong tower in the city." In each city where Mr. Bradford lived at different times, Boston, Roxbury, and Cambridge, the same may be said. As a Christian man he was a tower of strength. It was not till just midway in life, when thirty-five years of age, that he became a new man. He had been reared in unbelief as to any special inspiration of the Bible, the Deity of Jesus Christ, the sacrificial nature of his sufferings, the need of the Holy Spirit's regenerating grace, and the desert of future punishment for unrepented sin. But in ripe manhood he was led to read the holy vol- ume candidly for himself and was brought into the light. THE DIACONATE. 215 comfort, and strength of evangelical Christianity. Indi- vidual characteristics, whether inherited or not, usually give tone to a man's religious life, and it is natural to suppose that the development of Mr. Bradford after conversion took a coloring from heredity. On the father's side he was a descendant from a Puritan nephew of Samuel Bradford, Dean of Westminster Abbey, afterwards Bishop of Carlisle ; and on the mother's side from Governor Winslow's brother, whose wife was the first woman to step ashore on Plymouth Rock. Quiet yet resolute firmness in the maintenance of right and in the discharge of duty marked Mr. Bradford. His convictions were deliberately formed, clearly defined, and tenaciously held. Conscience appeared to rule supreme. In matters of conscience, while never precipitate, decision was prompt, and action no less prompt. For many years he had been in the habit of smoking cigars, but not long after making a public profession of faith and the purpose of leading a Christian life he saw, one day in the distance, a young man, a member of his Bible class, whom he would soon meet. It occurred to him that the example of smoking was not one to be commended by a teacher while inculcating from Holy Writ lessons of self-denial. The cigar was at once thrown away and none was ever again put into his mouth. Why should a man — teacher, pupil, or anybody else — indulge in a practice that is expensive, offensive, and unhealthy ! Mr. Bradford was a sober-minded man of high worth, such as will add strength and dignity to a church and com- munity. Stability and comfort depend a good deal upon the 2l6 ELIOT MEMORIAL. number of things which are rationally accepted as settled, so settled that they never need come into question again. There was a goodly number of such regarding which Mr. Bradford's mind was entirely at rest. Hence his freedom from peril in panics, and his moral sinew gave steadiness to those around him. People confided in him. They found that neither friendship nor resentment warped his judg- ment or checked his fidelity. One very evident charac- teristic was an unfaltering confidence in the power of prayer. The less as well as the more important affairs of daily life were devoutly committed to the providence of God, in the name of our adorable Mediator, and he carried an habitual assurance of gracious answers. His services as office-bearer in the Eliot Church and other churches ; also as counsellor and co-worker in numer- ous benevolent organizations, were of great value. Not least was that the case during thirteen years of membership on the Prudential Committee of the American Board. His gifts of patient investigation, careful discrimination, and sound judgment were fully appreciated. His last years were years of patient suffering. When informed at length, after a consultation of physicians, that the case was a very critical one, he replied, " The Lord reigneth, let the earth rejoice." He died in Cambridge, March 12, 1885. Mr, Bradford's mother, who was born in Boston, June 9, 1793, and who for a long time was an inmate in this son's family, survived him till August, 1899, being then in her 107th year, and sup- posed to be at that time the oldest person in our Common- wealth. THE DIACONATE. 217 10. CHARLES WILLARD HILL. Few men have worn a more benignant countenance, or have been more uniformly welcome everywhere, or have shed a more genial and healthful influence than Mr. Hill. It was a day of blessing (October 20, 1868), when he joined us by commendation from the Church in Marl- borough, Mass, He was born in West Medway, June 5, 1834, but in his boyhood the family removed to Shrews- bury. In the parentage there was a high sense of honor and integrity, coupled with noteworthy readiness to aid the weak and defenseless. Modesty crowned the whole. The mother's Christian life began under the ministry of Rev. Dr. Ide of Medway. She was a daughter of General Cook ; and her mother, Mary Mayo, whose father was killed by a British soldier, transmitted an energetic spirit, which, with other good qualities, found place in this grandson. As a boy Mr. Hill was one to be trusted ; one who could be depended on to overcome difficulties ; one to show a generous, self-sacrificing disposition, as well as loyalty to friends and to duty. At fourteen years of age the death of a sister made a deep impression of bereave- ment, which remained through life. His public profes- sion of faith was made in 1854. Upon graduating at Williston Seminary, East Hampton, being then eighteen years of age, he began his career as teacher in different towns of the Commonwealth. When the war of the re- 2l8 ELIOT MEMORIAL. bellion broke out he left a delightful home, where were a wife and one child, and enlisting in the Fifth Massa- chusetts regiment, he served at Newbern, N. C. When mustered out of service he resumed his chosen life-work, and gave full satisfaction as a teacher at Newton Falls and Roxbury. For nearly ten years he was Master of the Comins Grammar School, then of the Martin School for three years, and in 1890 was transferred to the Bowditch School, Jamaica Plain. After two years of connection with the Eliot Church Mr. Hill was elected deacon, and held that office till the close of life. Faithful, prompt, calm and wise, he endeared himself to all. He was a peace-maker and a safe counsellor. For many years he superintended the Sunday School and with more than usual acceptance. In the community and among associates he was recognized as a leader. The strength of clear thinking, of complete self-control, and of contented quietness was an acknowl- edged characteristic. It was fitting that he should be made President of the Boston Congregational Club (1887) and of the Schoolmasters' Club. His addresses on public occasions were always to the point, unambitious, sensible and pleasing. Pupils and fellow teachers were drawn to him in peculiar confidence and affection. They found him singularly dispassionate and devoid of harshness. He was master of the Christian art of differing from others in a pleasant way, a way that if it did not win assent was sure to win respect. THE DIACONATE. 2U The end came with startling suddenness, and the funeral service (November 17, 1896), in the Eliot Church, bore witness to a widespread and most sincere regard. Sunday School pupils and pupils from the Grammar School, masters and teachers of various schools, and numerous friends besides comrades in the army, were eager to pay a tearful tribute to their friend. Soon after came a memorial service at Jamaica Plain, where the warmest appreciative testimony was rendered by several competent witnesses. II. ANDREW MARSHALL. Mr. Marshall did not become an officer of the Eliot Church till after 1871, yet all remember him as a brother beloved, and from 1876 onward one of the goodly band of deacons. Green Hill, Nova Scotia, was his birthplace, and February 23, 1831, the date of his birth. The family emi- grated in 1774 from mountainous Dumfriesshire, Scotland, to Prince Edward's Island, and at first endured great priva- tion. Andrew Marshall, Andrew's great-grandfather, was a man of unusual ability, a leader in Christian work. He took charge of a Lord's-day religious service, which the Highlanders of that neighborhood called a " Reading," and which consisted of prayer, praise, the reading of Scripture and other religious books. Of the latter only a few had been brought from Scotland, and the mice made havoc of them. An imperfect copy of Bostons Fourfold State did good service. It was in a barn of his son Robert that the ELIOT MEMORIAL. first Presbytery was formed at Pictou in 1795. Robert, of the next generation, the father of our Andrew Marshall, was a public-spirited man at New Glasgow, whither the family had removed. His wife, Janet Miller, Andrew's mother, appears to have been a woman of superior mental and spirit- ual power. Though an invalid for twenty-two years and most of the time confined to the bed, her room was always a sunny spot, for the light of her countenance shone con- stantly. The peace of God within never failed. Her father, Lawrence Miller, a very decided Christian, was no common man. At sixty years of age he built a study and set himself to mastering the Latin language. Young Andrew Marshall seemed to inherit student tastes and ambition. His teacher, Peter MacGregor, was desirous that he should be educated for the ministry, but family circumstances would not permit. The habit of read- ing and a desire for improvement continued through life. A tenacious memory characterized him in boyhood. One Sabbath morning he learned by heart the fifth chapter of James' epistle while breakfast was being prepared. In 185 1 Mr. Marshall, then twenty years of age, came to Roxbury. He was a thoughtful young man of correct habits, but parental prayer and training had not yet resulted in decided Christian living. After a season of earnest religious thoughtfulness he devoted himself unreservedly to the service of God, came out of spiritual darkness into light, made public profession of faith in Christ, and joined the Eliot Church, November 2, 1866. Thence onward he THE DIACONATE. 221 commended himself to all as faithful — faithful in business relations, faithful in all domestic duties, faithful in Bible- class instruction, and the various requirements of church life, including those of the diaconate. He was deeply and wisely interested in the cause of temperance. His zeal did not expend itself in speech-making. He labored kindly and persistently with the victims of strong drink. Among those thus reclaimed two cases may well be mentioned. One man, thoroughly reformed and restored to respectability, prospered in business and amassed a fortune. The other, after reformation and spiritual conversion, continued for twenty-five years a valued church member. When looking at the portrait of his benefactor, he said, " That man saved me." Mr. Marshall's character partook of independence without arrogance, of firmness without obstinacy. There was the grace of a poetic element. To his last days he could repeat the Assembly's Shorter Catechism, questions and answers, as well as " The Cotter's Saturday Night," and other favorite poems. When the fatal issue of Mr. Marshall's last sickness was announced, the universal thought was, A good man has left us, a man deeply respected by all. That was a Lord's-day morning, to him the day of all the week the best for life on earth and for entering heaven. Most unfeigned was the mourning of the company which followed his remains to Cedar Grove Cemetery, April 4, 1883. 222 ELIOT MEMORIAL. 12. WILLIAM FRANCIS DAY. After a course at the Grammar School and High School, it was Mr. Day's purpose to enjoy the advantages of collegiate education, and accordingly he began prepara- tion. Weak eyes and a delicate condition of general health, which continued for many years, obliged him to relinquish the coveted prize. He took a position in the Cordage Factory of Sewall, Day & Co., as clerk and pay- master. Upon the decease of his brother Henry, he be- came President and General Manager of the company. When the business was disposed of to the National Cord- age Company, Mr. Day was asked to remain in charge and to act as Treasurer. But it had become a growing custom with manufacturers to mix goods and to label them as if unmixed. In a very exemplary manner Mr. Day carried his conscience with him into business trans- actions. One proceeding will illustrate. After the con- cern was merged in the National Cordage Company he had occasion to say repeatedly to friends, " When I can- not manage affairs according to the dictates of my con- science, I shall resign my position." The old firm had a wide reputation for perfect integrity ; but a quality of hemp was sent to him to be worked up and put on the market as " Sewall and Day's Rope " or " Twine," the fibre of which he considered to be inferior to that which had secured for the firm its good name. He could not be accessory to such fraud and sent in his resignation ' (1894). 'See Cordage Trade Journal^ Vol. IX., No. ii. Dec. i, 1894. THE DIACONATE. 123 Home was Mr. Day's paradise, and he gave himself assiduously to all domestic interests, and especially to the religious training of his children. In all church affairs he took the liveliest interest. His active participa- tion in devotional services was such as drew the hearts of others at once to the mercy-seat. He was twice elected Deacon of the Eliot Church, though not till after Dr. Hamilton became associate pastor in 187 1. His church membership dates from 1857. Besides other responsible positions, he was a trustee of the Roxbury Latin School, of the Hartford Theological Seminary, and a corporate member of the American Board. His entrance into rest on the afternoon of March 8, 1899, was especially sudden. Happily it was at his own home in Boston. He had been out on business and in apparent usual health. The event was not wholly a sur- prise to those who were acquainted with the delicacy of his constitution, and with his liabilities in recent years. It is seldom that a family, a church, and a community suffer so great a loss in the removal of one member. Mr. Day was in the sixty-first year of his age. CHAPTER XVI. MINISTERIAL PARISHIONERS. It is not always the case that ordained men arfe partic- ularly acceptable as private members of a church. They are sometimes reputed to be officious and opinionated, a thorn to the pastor and an annoyance to associates. Here it has been entirely otherwise. Clerical members have, without exception, approved themselves as sympathetic with the pastor and the whole brotherhood and in appropriate ways helpful. In the course of the first twenty-nine years of my ministry (1842-71) there were twenty-five such connected with the congregation, two of whom, each over eighty, died the same year. Besides the following there were seven or eight other clergymen whose names will be found among missionary officials or among educators. I. REV. STEPHEN SANFORD SMITH. Haverhill, New Hampshire, was Mr. Smith's birthplace, April 14, 1797, Rev. Ethan Smith being his father. He was early in the office of Horace Greeley as a printer's boy. Having prepared for the ministry, he preached in different places. Together with his wife he was received to the Pres- byterian Church, Fayetteville, New York, from the North Congregational Church in New Bedford. After his ministry at Fayetteville the private relationship of Mr. and Mrs. S. S. Smith was transferred to us in 1837. MINISTERIAL PARISHIONERS. On returning to Massachusetts Mr. Smith acted as agent for the American Sunday School Union, for the American and Foreign Christian Union, and the Bible Society; he also held one or two pastorates. His death came suddenly at the house of a relative in Worcester, October, 1871. He had engaged to preach the next Lord's Day at Medway Village and had selected a sermon from the text, " I shall be satisfied when I awake in thy like- ness," and that discourse was read at his funeral. These circumstances are strikingly similar to those which occurred at the death of Rev. S. F. Smith, d.d., author of the hymn, "My country, 'tis of thee." Mr. S. S. Smith was a man of activity and of advanced views in various departments of reform. During his connection with the Eliot Church his agency took him away on the Sabbath, and that was a reason for his acquaintance in Roxbury being compara- tively slight. The family, however, were much interested in the welfare of this church and contributed liberally to its support ; but before long they removed to Newton. 2. REV. HUNTINGTON PORTER. Mr. Porter became pastor of the church in Rye, New Hampshire, December 29, 1784, but had a colleague for several years before his death (March 7, 1844), ^^d hence was at liberty to spend time in Roxbury with his daughter, Mrs. Charles K. Dillaway. Mr. Porter was not long a member of our congregation. He was a son of Rev. John 2 26 ELIOT MEMORIAL. Porter, of Bridgewater, Massachusetts, where he was born March 27, 1755; and with two of his brothers graduated from Harvard College the same day. Each of the three brothers not only received his degree of A. B. at the same time with the others, but also had a pastorate of more than half a century, coincidences probably without a parallel. 3. REV. EZRA CONANT. Mr. Conant was born at Concord, Massachusetts, in 1763. He graduated from Harvard College with the Class of 1784, and then studied theology with Rev. Ezra Ripley of his native place. He was installed pastor of the church in Winchester, New Hampshire, 1788, where he remained for eighteen years. After a short residence with his son, Mr. Caleb Conant, a member of the Eliot Church, he died at the age of eighty-one, and I attended his funeral October 5, 1844. Owing to infirmities the old gentleman had not been able to worship with us in public. It attracted attention at the time that two ministers, the one eighty-nine, the other eighty-one years old, departed this life the same year. 4. REV. CHARLES BAKER KITTREDGE. Mount Vernon, New Hampshire, was the native place of the Rev. Mr. Kittredge as well as his brother, Deacon Alvah Kittredge. It was on an anniversary of our National Independence, July 4, 1806, that the former was MINISTERIAL PARISHIONERS. 227 born, and in his character there was a good degree of in- dependence, which manifested itself by a quiet self-reliance. As a student he supported himself by teaching music. After graduating from Dartmouth College and from the Andover Theological Seminary he became pastor succes- sively and usefully at Groton, Westborough, and Munson in Massachusetts. One who in early life had been a par- ishioner, and afterwards a valued minister of the gospel, remarked, " I never sat down by a fresher or sweeter foun- tain." A small volume of his, entitled Harvestings ; or Reminiscences of a Country Pastor, indicates fidelity in ministrations, and a happy use of the pen. The same is true of frequent articles in Sabbath School and other journals. Mr. Kittredge knew what it was to experience the chastening strokes of our Heavenly Father in the loss of four children, as well as in other trials. He was a modest man, of retiring habits, never given to display, and least of all, display by himself or in connection with himself. Humility was a characteristic. Modesty may be only a natural trait ; humility is a product of divine grace, one that does not seem to be eminently peculiar to American Christians. It is asked what were the antecedents which will, in some measure, account for these traits .f* He had a most decidedly Christian mother, Mary Baker, one of the rare daughters of New Hampshire ; gentle, modest, industrious, cheerful, her piety deep, well-balanced, and marked by a 2 28 ELIOT MEMORIAL. faith unwavering as the hills of her native state. In the home at Mount Vernon was a little room under the stairs, into which, when closed, sunlight could not enter, but into which, unobserved except by Him who seeth in secret, she entered three times a day for prayer. He who seeth in secret rewarded openly. All of her seven children were prayed into the kingdom, two of whom became ordained ministers, while one of the daughters, wife of the Rev. E. W. Clark, became in the language of her associates, " The model missionary wife and mother " at the Hawaiian Islands. This son Charles was naturally drawn to special acquaintance and interest in foreign missions. Six of his classmates in Andover, the class of 1832, devoted themselves to that department of labor — Ashur Bliss among the Seneca Indians ; B. W. Parker at the Sand- wich Islands; Ira Tracy in China and India; Henry Ly- man and Samuel Munson, martyrs in Sumatra ; and Dr. Elias Riggs, now in his ninetieth year, and still useful at Constantinople. To the close of life Mr. Kittredge kept himself familiar also with the proceedings of our various societies which are devoted to religious work at home. His death occurred at Westborough, in November, 1884. The last letter from him received by the writer, which was written just before decease and with refer- ence to the funeral, had this sentence : " I am most anxious that the service should be as private as the circumstances will permit, and that Christ only be exalted, through whose infinite merits I have hope of pardon and eternal life." MINISTERIAL PARISHIONERS. 229 5. REV. WILLIAM HENRY PORTER. Rev. Huntington Porter was his father, and his mother was a daughter of Gen. Jonathan Moulton, of Hampton, New Hampshire, the Rev. John Porter, of Bridgewater, Massachu- setts, being a grandfather, and Mary, a daughter of Deacon Samuel Huntington, of Lebanon, Connecticut, a grand- mother. Rye, New Hampshire, was his birthplace, Septem- ber 19, 181 7. Mr. Porter and his twin brother, Charles Henry, entertained the Christian hope at the age of nine years and soon after entered the academy at Andover, having in view preparation for the ministry. They entered Yale, but the twin brother Charles died midway in his college course. William Henry Porter, after graduating (1841), spent two years in the New Haven Divinity School and a third year at the Union Theological Seminary, New York (1844). The next four years he was pastor of the Presbyterian Church in Litchfield, New Hampshire. He contributed articles to the Christian Alliance, a paper edited by Dr. Dorus Clark. Pulmonary consumption was at length devel- oped, and, leaving a widow and two interesting sons, he died at Roxbury May 26, 1861. 6. REV. CHARLES SHAW ADAMS. A descendant of Henry Adams, who came from Eng- land (1640); a son of Dr. Samuel and Abigail Dodge Adams, born in Bath, Maine, May 3, 1797. He studied at Phillips Academy, Andover, and graduated from Bowdoin College 230 ELIOT MEMORIAL. with the class of 1823. More immediate preparation for the ministry was made with a Congregational pastor. Mr. Adams' pastorates were with churches in Newfield and Wells, Maine ; Harwich and South Dartmouth, Massa- chusetts; South Coventry, Rhode Island; Westford, Con- necticut; Strongville, Ohio; and Quincy, Michigan. His death from brain fever took place at Hillsdale, Michigan, July 29, 1873; and by a noteworthy coincidence, on the same day and only nine hours after his wife's decease. 7. REV. DAVID MEAUBEC MITCHELL. The year 1853 was not signalized by large accessions to the Eliot Church — the whole number , being a little over thirty — but some in that group were persons of marked Christian excellence. Such an one was the Rev. David M. Mitchell — a man of rare modesty, great gen- tleness, most serviceable common sense combined with steadfast religious principle and conscientious fidelity in the discharge of duties. His coming was felt at once as a benediction, and was so regarded by all during the period of his residence and labors in Roxbury. Mr. Mitchell's immediate ancestry had their home in North Yarmouth, Maine, which looks out upon Casco Bay. They were Pilgrims of the Pilgrims, his earliest paternal forefather in this country having arrived at Plymouth, 1623, and from him there had been an uninterrupted line of respected office-bearers in evangelical churches. His MINISTERIAL PARISHIONERS. 231 father and grandfather bore the title of Honorable, having been for many successive years members of the Legis- lature — its House of Representatives or its Senate — before the separation of Maine from Massachusetts. The father was a physician of high standing and of a Chris- tian character not less eminent. The Bible was the family text-book, and the Assembly's Catechism, thor- oughly committed to memory, an invaluable auxiliary. At seventeen years of age Mr. Mitchell experienced the great spiritual crisis which used to be called regenera- tion — a term now seldom heard. The year follow- ing (1808) he joined the church and also entered Yale College. That he was the only professing Christian in the entering class, and that there were only three or four church members in all the classes, suggest the re- ligious character of the institution at that time. His roommate, Ralph Emerson, afterwards a professor in the Theological Seminary at Andover, found a special bless- ing in that connection. The late Sidney E. Morse made a third associate in the same room for a time. Mr. Morse bore written testimony to Mr. Mitchell's high standing as a scholar, the universal respect for him in college, and the circumstance that he was expected to lead in all the movements of the revival (1808). Fifty or more converts were fruits of that season of special grace. After graduating at the Andover Seminary (18 14), Mr. Mitchell labored for a year in the service of the Maine Missionary Society, and then became pastor of the ELIOT MEMORIAL. church in Waldoborough. Twenty-six years of indefatigable labor followed. The parish had an area of eight miles by sixteen, the population was very sparse, and his nearest clerical exchanges were forty miles on the east and sixty miles on the north. In the church there were only twenty members, and they had no meeting-house. But seasons of spiritual refreshing came ; more than two hun- dred additions to the church were made ; and a commo- dious place of worship was erected. Pulmonary con- sumption carried away one after another of his family, and threatening farther inroads, a change of climate seemed imperative. After a time Mr. Mitchell entered upon city missionary work in Portland, and continued it with much acceptance for five years. Then upon invitation from the city mission society of the Eliot Church, he removed to Roxbury, and spent eight years here in most faithful and well-directed labors. Criticism of his methods or his spirit was heard from no quarter. All hearts warmed toward him. The remaining years of a life that extended somewhat beyond four-score were spent under the roof of his son-in- law, Rev. E. E. Strong, d. d., then pastor in Waltham. Saturday morning, November 27, 1869, he pronounced a blessing on the beloved family standing round him, " May the God of all grace keep you, and bring us all to His eternal glory through Jesus Christ;" and the man who for more than sixty years had walked with God " was not, for God took him." MINISTERIAL PARISHIONERS. 233 8. REV. L. BURTON ROCKWOOD. If rare excellencies of character and rare fidelity in church relations entitle one to a memorial, then Mr. Rock- wood deserves mention. He was born August 8, 1816, at Wilton, New Hampshire, where childhood and youth were spent with his widowed mother in the family of his grandfather, a physician and leading Christian man in that town. At fifteen this grandson united with the church and at nineteen entered Dartmouth College, where he graduated in 1839. Having spent one year at the Andover Theologi- cal Seminary he joined the Union Seminary, New York, where he graduated in 1843. Mr. Rockwood performed some Christian labor in Vir- ginia, after which he was for seven years occupied as finan- cial agent of his theological Alma Mater. In 1850 he was installed pastor of the church in Rocky Hill, Connecticut, as colleague with Dr. Calvin Chapin, where during a minis- try of eight or nine years his labors were much blessed. In the course of that connection he became a valued member of the Board of Trustees of Hartford Theological Seminary. He was next selected as District Secretary of the American Tract Society, for Connecticut, and one year later, i860, became Secretary of the New England Branch of that society, in which position he remained for twelve years till his death. It was with no small self-denial that he under- took labors which required an absence from home of the fifty-two Sabbaths in a year. Few ministers have been more 234 ELIOT MEMORIAL. cautious and conciliatory in such visitation of the churches, or have left an impression that made a second visit more to be desired. In the devotional meetings of the Eliot Church Mr. Rockwood was always ready to take his part. Devoutly earnest, reverent and self-forgetful, his sole aim seemed to be to honor the Saviour by promoting the spiritual wel- fare of himself and others. " The memory of the just is blessed." 9. REV. EDWARD WILLIAM HOOKER, D.D. The son of Rev. Asahel Hooker, of Goshen, Connecti- cut, where he was born November 24, 1794. He belonged to the seventh generation of direct descendants from the celebrated Puritan, Rev. Thomas Hooker, of Hartford ; but stood in a third remove from Jonathan Edwards, of North- ampton, Massachusetts, his mother being Mrs. Phebe Ed- wards Hooker, afterwards Mrs. Farrar, of Andover, Massa- chusetts. He graduated at Middlebury College with the class of 18 14, and at the Andover Theological Seminary three years later. His successive pastorates were one of eight years with the church in Green's Farms, Connecticut; one of twelve years with the First Congregational Church in Bennington, Vermont ; another of six years with the church of South Windsor, Connecticut, and yet another of equal length in Fairhaven, Vermont. In the meantime he became editor of the Journal of Humanity, which was among the earliest temperance papers MINISTERIAL PARISHIONERS. 235 in the country. For four years he was professor of Sacred Rhetoric in the Theological Institute of Connecticut, and he also supplied different pulpits for varying periods. One of them was that of the Eliot Church during my absence of more than a year while visiting missions of the American Board in the East. It was a gratifying coincidence that the son of my father's first pastor, and himself my father's pastor in old age, should have held this position. He was elected a corporate member of the American Board in 1840; but did not join the Eliot Church till the spring of 187 1. In boyhood Dr. Hooker was unusually amiable and lovable. In adult years he was regarded as a man of deep piety, to whom severe domestic trials were evidently blessed. Refinement of taste and fondness for music were character- istics. Tears would often testify to his appreciation of good singing and of softer instrumental music. He played the flute with exquisite skill. A charming serenity marked his later days. When four-score years of age he made the following entry in his diary : " My birthday shined upon me in life and health, able still to preach the blessed Gospel, and to pray and labor for the good of my children, friends, and a dying world, feeling as yet but few of the infirmities of age, though feeling increasingly the infirmities and sins of my spiritual condition." His death occurred April, 1875, under the roof of a son-in-law, Rev. E. J. Montague, at Fort Atkinson, Wisconsin. Several of Dr. Hooker's occasional sermons were pub- 236 ELIOT MEMORIAL. lished ; also several addresses delivered before musical asso- ciations ; besides tracts which were issued by the American Tract Societ)^ His larger works were a Memoir of Sarah La7tman, wife of Dr. Eli Smith, missionary in Syria, and a Life of the Rev. Thomas Hooker. A smaller book bears the title, Elihti Lewis ; or the Fatal Christmas. His closing literary labor was the preparation of the memoir of his son, Rev. Cornelius Hooker, the printed pages of which did not reach him till after his pen had been laid down for the last time. CHAPTER XVII. MISSIONARY OFFICIALS. It is noteworthy and an occasion for thanksgiving that the Eliot Church early became interested in missions, both foreign and domestic. This was due in part to local circumstances. Boston being an administrative center, it was almost inevitable that those holding official positions connected with certain benevolent societies should have their homes in or near the city. No other church in the land has had occasion to record among its members two secretaries and a treasurer of the American Board, three members of the Prudential Committee, three other cor- porate members of that Board, and yet five others who, while on the ground or after removal, became corporate members. Two of our number were also successively Secretaries of the Massachusetts Home Missionary Soci- ety, and one for a long time treasurer of that institu- tion. A word should be devoted to the prevailing tone of evangelistic interest in this church. It was apparently well balanced. The presence of officers of the American Board, so far from overshadowing or in any way hindering the cause of home missions, was an effective help. Those men knew well the bearing of evangelization in our own -238 ELIOT MEMORIAL. land upon the same work in foreign lands. Their deep settled conviction, also inculcated from the pulpit, was that the great salvation had no more reference to the people of America than to the people of Asia and Africa; that it is impossible to point out a heathen or Moham- medan on the globe who is not as truly entitled to the gospel as any native or immigrant in the United States ; that there are simply two departments of the one great field which is the world ; that the warrant for enterinsf either is our Saviour's command, " Go, teach all nations " — a commission never yet withdrawn or modified. Chris- tian home-work is indeed imperative, but not so much because in and for our own country, as because our coun- try lies between the river and the ends of the earth, according to bounds laid down in the churches' Magna Charta. To perform one duty furnishes no authority for neglecting another. The liability is to an underestimate of remoter claims. To disregard such claims is sure to imperil domestic interests ; to sow sparingly in either field is to reap sparingly in both ; the hope of converting men in our own land is not strengthened by neglect of our antipodes ; local enterprise is stimulated by the thought of regions beyond. To carry the war into Africa is a pledge of triumph at home. America for the world — Christ for all, and all for Christ was the sentiment. Narrowness makes the individual and the world poorer. Whatever widens the field of thought and Christian interest fosters spiritual power; elevation, breadth and strength of char- MISSIONARY OFFICIALS. 239 acter are achieved by being habitually conversant with what is highest and farthest reaching ; other things equal, churches of our Lord may expect to gather a hundred- fold harvest on their immediate plantation only when they are sowing beside all waters. I. RUFUS ANDERSON, D.D., LL.D. It was in 1837 that Dr. Anderson removed his connec- tion from the Bowdoin Street Church, Boston, to the Eliot Church. He was then in the full maturity of his powers, and from that time onward for more than forty years his counsels and cooperation were of the highest value to us. Dr. Anderson was born at North Yarmouth, Maine, August 17, 1796, his father being then pastor of a Congre- gational church in that place. An aunt of his being the wife of Dr. McKeen, the first president of Bowdoin College, furnished a natural occasion for his entering that institution. Dr. Jesse Appleton, however, was at the head of Bowdoin when the class of 18 18 graduated, and his method with Butler's Analogy had a well defined influence in forming the mental habits of this young man, who ranked high in his class. Dr. Anderson's interest in missions, and his superior executive ability became so well known during his course of study at the Andover Theological Seminary that in the midst of Senior studies he was requested by Mr. Evarts, then Secretary of the American Board, to aid for a time in 240 ELIOT MEMORIAL. carrying on correspondence at the official rooms in Boston. His permanent connection with the rooms began in 1822; his service as assistant secretary in 1824; and as corre- sponding secretary in 1832. His resignation took place in 1866, after which he served nine years on the prudential committee, at whose meetings, on final retirement, he had been present for more than fifty years. Dr. Anderson performed important service by official visits to missions of the board. The first of these was in 1828-29 ; w^hen, taking in Malta and Smyrna, he made a tour through the Peloponnesus; the second, 1844, includ- ing Athens, Syria, and Asia Minor; the third, 1854-55, requiring an absence of more than a year, was paid to the board's missions in India; while the fourth, 1863, was to the Sandwich Islands. His contributions in the line of authorship were im- portant, as four volumes on Missions of the American Board ; The Memorial Volume of the First Fifty Years of the Board; The Hawaiian Islands ; the Memoir of Catherine Brown; The Peloponnesus and Greek Islands; and Lectures on Foreign Missions. He was for several years editor of the Missionary Herald. Numerous addresses, sermons, tracts, and missionary papers, as well as portions of the board's annual reports, were the products of an able pen. Christian education had a large place in Dr. Anderson's thoughts. He was active in the founding of Mt. Holyoke Seminary, cooperating efficiently with Mary Lyon. For a number of years he was one of the trustees MISSIONARY OFFICIALS. 241 of the Andover Theological Seminary, and was president of the trustees of Bradford Academy. Dr. Anderson had the mind and habits of a true statesman, taking broad views, and maintaining a calm and dignified attitude. He exhibited no paroxysms of anxiety and no flurry amidst a panic. A fine balance of mental powers and a masterly administrative equilibrium at critical junctures secured for him general confidence and deep respect. His convictions were too well consid- ered and too profound to be shaken by opposition or by flattery ; and he w^as too conscientiously earnest to bestow flattery, whether upon missionaries or others. No man has served longer in the same position ; and no oflficial has probably made his mark more distinctly and wisely in the administration of foreign missions. The Rev. Dr. Venn, Senior Secretary of the English " Church Missionary So- ciety," said to me in London (1853), " I am more indebted to Dr. Anderson for new and valuable suggestions in regard to conducting missions than to all other men to- gether." In childhood Dr. Anderson was thoroughly instructed in the Assembly's Shorter Catechism, for which he remained thankful to the last. The doctrines of grace were the life of his spiritual life. His piety was not of the emotional type, but calm, pervasive, and equal to any emergencies. His later days seemed much like our Indian summer — mild and genial, with slight haze now and then, but all the while beautiful in mellow tints. If the thought of 242 ELIOT MEMORIAL. decay arose in the beholder's mind, it would give place to thoughts of a rich maturity, and of golden harvests gathered on high. One of his last utterances was, " The future is all bright ; " and on the bright Sabbath morning of May 2>o, 1880, he entered into rest. 2. REV. DAVID GREENE. Very few names on the catalogue of this church are so well entitled to a memorial as that of Rev. David Greene. He was born in Stoneham, Massachusetts, No- vember 15, 1 791, and was a brother of the Rev. Samuel Greene, the highly esteemed pastor of Essex Street (now Union) Church, Boston. He graduated from Yale Col- lege in the class of 182 1, ranking high as a scholar; the same being true also at the Andover Theological Sem- inary, where he completed a course of study in 1826. During the interim he devoted himself to teaching ; but in 1828 received appointment as Assistant Secretary of the American Board of Missions. Soon thereafter he per- formed a journey of about six thousand miles, on a visit to mission stations, thirty in number, among the Indian tribes of New York and Ohio, as well as those to the east and west of the Mississippi River. It occupied eight months, and the knowledge thus acquired was of great value in the subsequent administration of those missions. It was not till 1833 that Mr. Greene received ordina- tion, though he was elected a corresponding secretary of MISSIONARY OFFICIALS. 243 the forenamed board the year previous. Six years after entering upon the duties of this office the practice began of presenting at annual meetings of the board carefully prepared papers in addition to the usual reports. Twelve such came from the pen of Mr. Greene. Much of the home correspondence, as well as correspondence with the Indian missions, fell to him, besides editing the Mission- ary Herald till 1843. He was associated with Mr. Lowell Mason in compiling the Church Psalmody, a collection of hymns for social worship, of which not less than one hundred and fifty thousand copies went into use in our churches. Mr. Greene removed to Roxbury in the year 1836, and his influence in the Eliot Church was of a marked and most happy character. His religious experience was unusually deep, and his Christian character one of unusual firmness. Noticeably modest, unpretentious and unam- bitious, he yet carried great weight in opinions expressed and remarks offered. Owing to an injury on a railroad he felt constrained, greatly to the regret of associates, to decline reelection as secretary ; and under medical advice removed, with his family (1849), to a farm in Westborough. Seventeen years thereafter, as men were blasting a rock near his house, a descending fragment inflicted mortal injury ; and after four days of entire unconsciousness, he died, April 7, 1866. At the funeral I remarked, for substance, as follows : — 244 ELIOT MEMORIAL. Every acquaintance of David Greene will say that his eye was single, and hence his whole body was full of light. Rarely was he mystified ; with sophistry he had no patience. There were no stained windows to his mind, and he saw almost everything in a white light. He had rare insight into character and into the practical bearing of things. Never beguiled by forms, he would fasten at once upon the kernel of a matter, and discrimi- nate between essentials and accessories, between the cer- tain and the probable. Vigorous common sense was the staple of his mind. His mental constitution was compact, and he could concentrate his faculties with alertness. A noble simplicity and ingenuousness characterized him, so that any acquaintance would be likely to say, " Behold an Israelite indeed, in whom is no guile ! " He was not afraid to be lively, though too earnest a man to drop into levity. If there were occasion, he would beg pardon of a day laborer as soon as of the governor, and in either case simply because of its being right and proper. Mr. Greene was a manly man, one whom nobody would sus- pect of aiming at popularity, or struggling after greatness. His influence for good will linger long among us. Though not one to fascinate, he inspired deep confidence ; and such a man remains always in office. Severe trials awaited him in his later years. Besides the necessity of retiring from favorite labors at the mis- sionary rooms of the Board, his dwelling-house in West- borough was destroyed by fire, and Mrs. Greene, a daugn- MISSIONARY OFFICIALS. 245 ter of Jeremiah Evarts, died in 185 1. She left twelve living children.' 3. MISS MARY EVARTS GREENE. Heredity tells. It often reveals itself in beautiful and blessed manifestations. Jeremiah Evarts' and the Rev. David Greene's secretaryships of the American Board were a prophecy that grandchildren of the former and children of the latter would do service in the cause of missions. Mary Greene and others of the family fulfilled that prediction. She was born in Boston, April 3, 1832, and graduated from Bradford Academy at nineteen, having been a member of the Eliot Church for three years. Not long after the death of her father she removed to Chicago (1868) and early became Recording Secretar}^ of the Woman's Board of the Interior, and then Corresponding Secretary. Her correspondence with missionaries of that Board and with friends of the cause at home was constant and well conducted for years. She also edited Mission Sttidies. Miss Greene was frequently invited to confer with and to address auxiliary societies. She also gave herself, in due proportion, to local Christian activity, often remarking, " All Christian work is our work." ' In the sketch of Mr. J. Russell Bradford it will be found that, as a member of the Prudential Committee of the American Board, he has place in this series. My own service in the same connection extended from 1849- 1893. 246 ELIOT MEMORIAL. While on a visit in Wisconsin for the purpose of meeting ladies with reference to the interests of the Board, she met with a severe injury, a compound fracture, which had to do with shortening life. Her fortitude and patience under suffering were remarkable. Her able physician's remarks were sometimes as truly a relief as was his more strictly medical treatment. At one time she begged ear- nestly to be allowed to look over certain important letters relating to her department — foreign demands being very urgent. The doctor, who was familiar with the Bible, replied emphatically, " No ; let the heathen rage ; " and she could not resist being amused. Pain was mitigated. She was able at length to resume work to some extent. Her enthusiasm in the good cause and her prayers were most noteworthy and elevating ; but after a short illness there came, of a Sabbath morning, entrance into rest final and complete. The following is from a tribute adopted by the W. B. M. I. at their annual meeting in Minneapolis, 1894: — "To work with her has been to enter an atmos- phere of earnest and entire consecration to our Master — to feel the inspiration of a warm and living zeal in his service — a consecration which dated from her earliest childhood — a zeal which knew no wavering, but compassed her entire life. But while we speak of loss and bereave- ment we are conscious of possessing in her memory an example which we may well cherish for our following. Her unselfish devotion, her quick and full response to every call of duty, whether to do or to suffer her Father's MISSIONARY OFFICIALS. 247 will, her enthusiasm for the Redeemer's kingdom, which led her to labors even beyond her strength for its upbuild- ing, and, more than all, the rich legacy of her earnest and constant prayer may be ours." ' 4. MRS. MARY p. H. LEAKE. One son for early service on high, another son for service in the ministry, and an only daughter for service connected with missions, came from the family of Mr. Henry Hill, A reminiscence of my boyhood comes to mind, a visit to my native place, of Miss Porter, the daughter of Dr. David Porter of Catskill, who was an early and well known friend of the American Board. Miss Porter was engaged in an undertaking — unique for a young woman, and in those days quite unprecedented — the raising of a thousand dollars for foreign missions. She succeeded. A manuscript card, afterwards printed, as follows, was sent to individuals : — " Expect great things, and attempt great things." Little causes produce great effects. The poor heathen are perishing. We may be the means of saving them. What we do we must do quickly. Love thy neighbor as thyself is a divine command. The Lord loveth a cheerful giver. The liberal soul shall be made fat. Who would be ' Creation's blot, creation's blank, whom none can love, whom none can thank ' ? Rather, let the heathen rise up and call you blessed." ^Annual Report, 1894. p. 30. 248 ELIOT MEMORIAL. Miss Laura Porter became the wife of Henry Hill, Esq., who was for more than thirty years treasurer of the American Board.' Miss Mary Porter Hill was a native of Boston ; and her later educational course was at Wheaton Seminary and Bradford Academy. After marriage to General Leake she removed to the West, and at length to Chicago. From 1872 she was a Cor- responding Secretary of the Woman's Board of Missions of the Interior for six years, and then became and still continues to be the Treasurer. Her pen is a graceful one ; her seivices are prized ; and it is a most gratifying sight to see such a woman following in the steps of honored parents and of our adored Saviour. In 1899 Mrs. Leake was elected a corporate member of the American Board. 5. REV. JOSEPH SYLVESTER CLARK, D.D. Rev. Joseph S. Clark hailed from the Old Colony, and was a Pilgrim of the Pilgrims. According to tradition, Thomas Clark, who piloted the Mayflower into Plymouth Harbor, and from whom Clark's Island received its name, was an ancestor. Dr. Clark was born December 19, 1800, in South Plymouth, on the same spot where his earliest American ancestor, known certainly to be such, lived six generations previously. ' A sketch of Mr. Hill will be found among the Office-bearers of the Eliot Church. It might with no less propriety be introduced among "Mis- sionary Officials." MISSIONARY OFFICIALS. 249 His classical education began with a Latin grammar in his pocket while at farm work. At Amherst College, from which he was graduated in 1827, he led his class and became a tutor in that institution. After studying theology at Andover he was ordained and installed as pastor at Stur- bridge, Mass., 1831, and during the first year of that pas- torate there were one hundred and thirty additions to the church. A seven years' ministry, characterized by much fidelity and success, resulted in impaired health, which led to his resignation. Not long after that he was elected Sec- retary of the Massachusetts Missionary Society (1839), and removing to Roxbury, he joined the Eliot Church. Later he found it desirable to take a house in Boston, greatly to the regret of friends here. During his eighteen years' ser- vice as Secretary of the aforenamed society he became well acquainted with the condition of feeble churches through- out the Commonwealth, in behalf of which his labors and wise counsels were unwearied. Dr. Clark afterwards (1858) became secretary and financial agent of the Congregational Association, which was greatly indebted to him for efforts in raising funds toward the building of the denominational house — in which efforts his health broke down. A short sickness brought his life to a close in 1861. At the funeral, among many relatives and friends who were present, was his mother, then approaching one hundred years of age. The interment took place at West Newton, where he had resided for some time. Dr. Clark was very methodical in his habits ; a modest '5° ELIOT MEMORIAL. and unambitious man ; a man of rare amiability, who made and retained friends wherever he went. Before entering upon ofHcial life he was assiduous in Christian labor among the neglected ; and then, as well as later, showed more than usual tact in being faithful without offending. He entertained great reverence for the Puritan character, and was well versed in Puritan history. A Historical Sketch of the Congregational Churches of Massachusetts from 1820 to 18^8, is a valuable work from his pen ; and at his decease he had in hand material for other volumes of a historical character. 6. REV. HENRY BROWN HOOKER, D.D. He was a native of Rutland, Vermont, a son of Thomas Hooker, m.d., and was born August 31, 1802. One of his ancestors was the Rev. Thomas Hooker, a man hounded by pursuivants of the Church of England, who fled to Holland; arrived in Boston 1633, and three years later headed a colony of one hundred men, women, and children on their way amidst swamps, over streams and hills, to the valley of the Connecticut, a journey of fourteen days, which is now accomplished in less than four hours. Even fifty years ago forty-two ministers and forty women who married ministers were known to have descended from him, and those numbers must have since increased con- siderably. Dr. H. B. Hooker's mother, a saintly woman, was the daughter of Col. John Brown, a lawyer, and an MISSIONARY OFFICIALS. 25 I officer in our Revolutionary War. He shared in the cap- ture of Ticonderoga (1775); was at Quebec when Wolfe fell; but marching up the Mohawk valley (1780) to relieve General Schuyler, was traitorously led into an ambush of Tories and Indians, and with forty-five others was slain on his birthday, at the age of thirty-six. The crimson sash which he wore when carried from the field, is still in the possession of his great-grandchildren. Having graduated from Middlebury College, 182 1, and from the Andover Theological Seminary three years later, Dr. Hooker soon received ordination, and labored for a time as Home Missionary in South Carolina. His success- ful pastorate at Lanesboro, Massachusetts, continued ten years (1826-1836), and that at Falmouth twice as long (1837-1857). In the pulpit Dr. Hooker was dignified, direct, definite ; never suppressing severe truths, and never scolding ; perfectly free from the affectation of smartness ; always making the impression that he was a man of God, too intent upon his high mission to waste one moment in any device of vanity. In prayer a joyous, reverent freedom characterized him. As pastor he was a model man, active, impartial, discreet ; always serious, never morose, and combining fidelity with kindliness most happily. Upon the resignation of the beloved Dr. Joseph S. Clark, Dr. Hooker was called from Falmouth to become Secretary of the Massachusetts Home Missionary Society (1858). At the meetings of the Executive Committee, 252 ELIOT MEMORIAL. business requiring action was submitted in a well arranged manner, his own opinion being given with clearness and decision, but without obstinate adherence. His presenta- tion of the cause to our churches was earnest and fresh. I never heard a criticism upon his administration of fifteen years. On resigning the position (1873) his labors were still unabated so far as strength would allow. Even the last year of life, at the age of seventy-eight, he preached forty-seven Sabbaths. During the periods of service as pastor and secretary he furnished many contributions to the periodical press — uniformly pithy, graphic, and with a vein of sanctified humor running through them. They always had a definite, practical aim. One of his several tracts. Are You Ready? has had a circulation of about two million of copies. It was not home work alone that occupied his pen or his thoughts. Foreign missions engaged heart, prayers, and contributions. He was a corporate member of the Ameri- can Board, and uniformly attended its annual meetings whatever the distance or expense; and the elder of two daughters was given up for work beyond sea no less cheerfully than if her field had been only trans- Missis- sippi. Religious hopefulness was Dr. Hooker's chief char- acteristic. He never deemed despondency to be any part of his duty. He had an enviable faculty of looking at the bright side of things, for he looked through and above the clouds to where light and peace always reign. MISSIONARY OFFICIALS. 253 There was a fine reserve about him that forbade all profuseness of feeling, all excess of sensibility, and all promptings of egotism. His persistent gladness of heart, deriving strength from trust in God, was associated with strong, religious good sense, which is always worth much more than mere genius. During the frequent visits which it was my privilege to make in the room of Dr. Hooker's last sickness, two things were deeply impressive ; one, the same serene cheer- fulness that had characterized his years of health. For more than half a century he had not been confined to the bed for a single day. Summer and winter he rose at four o'clock, and began the day with singing. The other impressive circumstance was his unflagging zeal for the advancement of the Redeemer's kingdom. Looking in upon him the day of a farewell meeting at Pilgrim Hall, I mentioned the destination of those who M^ere about to embark, among whom were Mr. and Mrs. Walter, designated to the new mission at Bihe, in Southwestern Africa. " I lay awake most of last night," said he, " praying for that mission ; I never prayed more for any mission in my life." 7. MR. BENJAMIN PERKINS. Among the brethren of the church there was perhaps no one more unobtrusive and at the same time more ex- emplary in public religious duties than Mr. Perkins. Born in Salem, Massachusetts, he removed to Boston, and for 254 ELIOT MEMORIAL. many years the house of Perkins and Marvin was well known in the publishing and book-trade business. His relation was transferred from the Pine Street Church to the Eliot Church in its earlier days (1841), and his quiet, persistent fidelity year in and year out became, as it always will, a power for good. Hasty and ill-timed utter- ances were not heard from his lips. Kindness and a calm judgment forbade severe criticism upon men or measures. Such a man will never have many if any enemies ; gen- eral respect and confidence will be reposed in him. Mr. Perkins had excellent musical taste ; and his well- trained voice served good purpose in his superintendency of a Mission Sunday School, which was afterwards merged in that of Parker Street, where also he presided several years. From 1831 to 1845 Mr. Perkins was Assistant Treasurer of the Massachusetts Home Missionary Society. From the latter date to the end of life he was Treas- urer. During the early portion of these thirty-nine years his services were gratuitous.' After three-score and ten years of unusually good health, death came in 1870. I have often thought what an appropriate subject for the painter Mr. Perkins' atti- tude in his last sickness would be — falling asleep, a finger within the New Testament, which he held much of the time, and which was the one supreme book for him. 'The salary was raised successively — in 1849 to $300; in 1854 to 500; in 1864 to $1,000. CHAPTER XVIII. MISSIONARIES. It might be expected that a church, in which promi- nent members held positions such as the foregoing, would furnish candidates for a work so preeminently Christian as carrying the gospel to the unevangelized. In every household, in every Sunday School, and in the ministra- tions of every pulpit, there should be an aim and influence looking to that end. While a good deal was done in that direction from time to time, the result did not wholly fulfill desire or expectation. Still a goodly representation here follows. I. MR. GEORGE CHRISTOPHER HURTER. It is not often that one has acquaintance with a man more conscientious or more kind than Mr. Hurter. The island of Malta was his birthplace (1813), his father being Swiss and his mother an English woman. His first voy- age was in a transport employed to convey Egyptian troops to Alexandria from Navarino, and not long after the famous naval action in that bay (1827). The masts of sunken Turkish ships were still to be seen above water. Mr. Hurter, relinquishing sea life, became an ex- pert printer, and in that capacity served the London 256 ELIOT MEMORIAL. Missionary Society (1828-1835), being associated with the Rev. Mr. Lowndes at Malta. That press having been given up, he came to this country with a brother-in-law, Mr. Fitzwilliams, who was afterwards a secretary to the Governor General of India. He joined the Eliot Church in 1838, and the next year married Miss Elizabeth Grozer, a sister of Mrs. Deacon Kittredge. In 1840, owing partly to the acquaintance and in- fluence of the Rev. George B. Whiting of the Syria Mis- sion, Mr. Hurter received appointment by the American Board, and went to Beirut, to have charge more especially of printing the Arabic Bible. There he remained for twenty years. In 1863 Mr. Hurter visited the Sinaitic peninsula, and made a discovery which, so far as known, is not mentioned in the published work of any previous traveler. On the west side of the Wady Shu'eib he found a spring of pure water issuing from what he re- garded as the " Rock Horeb," which consists of solid red granite. In the smooth, perpendicular face thereof is a fissure about six feet long and four inches wide. The little stream pours into a reservoir twelve feet by five, and four feet deep. He gave an account of this in a printed letter to Dr. Park, professor in the Andover Theo- logical Seminary. Returning to this country Mr. Hurter engaged in printing works in the ancient classic languages and in living foreign languages. His later church relation was at Hyde Park, and his pastor, Rev. Dr. P. B. Davis, bears hearty testimony to MISSIONARIES. 257 his superior acquaintance with Scripture, his regularity and earnestness in religious observances, and the general value of his influence. His family life was peculiarly happy, and the golden wedding of Mr. and Mrs. Hurter was an occasion of special enjoyment. He prepared, what it would be well if more men did, a manuscript autobiography of about four hundred pages. His departure (January, 1895) was very sudden, and owing to pulmonary apoplexy. Returning home from business in Boston one day, he appeared to be in usual health, but before midnight of the same day his life on earth had come to an end, at the age of eighty-one, the same age as that of his father.' 2. MRS. ELIZABETH GROZER HURTER. Was born in Truro, Massachusetts, July 28, 1814. In early childhood she came to Boston to live ; taught school at the West for a time, and afterwards assisted her aunt in a Roxbury school. October 2, 1839, she became the wife of Mr. George C. Hurter, and early in 1 84 1, having been appointed to the Syrian Mission, they sailed for Beirut. Modest and self-distrustful, she yet became very useful. The Arabic language she mastered sufficiently for all the ordinary requirements of reading and speech. A large ministry among the sick fell to her lot. When the cholera prevailed patients were brought, some- ' Norfolk County (iazette, January 5, 1895. 258 ELIOT MEMORIAL. times to the number of twenty or thirty a day, to her door. Individuals might be seen, too sick to walk, crawling to the house, where she administered medicine. Seasons of great alarm occurred, as during the war between the Druses and the Christians of Mount Lebanon, and the massacres of i860. One night all the mission families at Beirut had to fly to the consulate for protection. That was one of the occasions when Mrs. Hurter was called upon to do much for the homeless, the sick, and the wounded. The next year (1861) she returned to this country; and her death occurred at Hyde Park. 3. REV. DANIEL CROSBY GREENE, D.D. The Rev. David Greene, who was for sixteen years a Corresponding Secretary of the American Board, and his wife, Mary Evarts Greene, were members of the Eliot Church from 1837 to 1849. Midway in that period their son, Daniel Crosby, was born, February 11, 1843. Rev. Daniel Crosby, the first pastor of the Winthrop Church, Charlestown, a man warmly interested in foreign missions, was a college acquaintance at Yale, and later an intimate friend of Secretary Greene. Mr. Crosby's death occurred in 1842, and his name was worthily borne by the Board's first missionary to Japan. Neither of the parents, however, lived to rejoice over the destination of their son. In the meantime he spent one year at Middlebury College, but graduated at Dartmouth in 1864. For two years he was MISSIONARIES. 259 engaged in teaching at the West, and then entered the Chicago Theological Seminary ; but after a single year removed to the Seminary at Andover and graduated there in 1869. He was the first son of any ofiBcial at the Rooms of the American Board to be commissioned as a missionary. After his ordination and marriage Mr. and Mrs. Greene sailed from San Francisco, and landed at Yokohama November 30, 1869. In the spring of the year following they removed to Kobe. Two years later Dr. Greene was assigned with J. C. Hepburne, m.d., and the Rev. S. R. Brown, d.d., to the work of translating the Scriptures, which work was carried on at Yokohama. Their Japanese version of the New Testament was published in 1880. After a furlough in the United States, Dr. Greene became one of the Faculty in the Doshisha College (1881) as instructor in Old Testament literature ; but after ten years he removed to Tokyo. The governmental and other changes which have taken place within a period so recent as the introduction of Protestant Christianity into that empire are among the marvels of this last half century. To the writer it seems somewhat like a dream to look back as far as May 21, 1843, when the name Daniel Crosby was publicly pro- nounced and sacramental water was applied to an infant forehead; then calling to mind July 28, 1869, when the right hand, with others, was placed on the same head in an ordaining service ; and now to contemplate still 2 Go ELIOT MEMORIAL. the same head as what Solomon pronounced " A crown of glory." 4. MRS. MARY CARPENTER PARIS. Mary Carpenter was a cousin of Mrs. Dr. Rufus An- derson, and was for a time a member of that family and of the Eliot congregation in the early years of my pas- torate. She was born in New York City, January 21, 18 1 5, and in 185 1 married Rev. John D. Paris, a missionary of the American Board in the Hawaiian Islands. He died at Kaawaloa, 1893; ^^<^ Mrs. Paris died four years later. 5. MRS. LOUISA BRADBURY BUNKER. The daughter of Hon. Samuel Adams Bradbury, a descendant from the Bradburys of Alluset, England, was born in Boston, June 27, 1844. In the chancel of St. Margaret's Church, Wilken Bonent, are fifteen memorials of the family (163 7- 1744), and a suggestive inscription may be read : " Through ye mercies of Christ my Saviour I trust for sins forgiven." There have been many minis- ters of the Gospel in the line. The earliest ancestor in this country was Thomas Bradbury, agent of Fer- nando Gorges, 1620. His wife was one of those who were condemned for witchcraft at Salem (1692); but she escaped through the intercession of a friend. Mrs. Bunker had been in the habit of prayer from infancy, but dates her conversion and the beginning of MISSIONARIES. 26 1 genuine spiritual life in the year 1857, and speaks of in- debtedness to the pastor of this church and to her Sunday School teacher. Owing to a change of views regarding one of the ordinances, she removed her relation seven years afterwards to the Baptist Church in Hyde Park. But tender memories are ever awakened upon the thought of the Eliot Church, " somewhat as when she sings Jeru- salem the golden." Her marriage to Rev. Alonzo Bunker, d. d., took place September 5, 1865 ; and two months later they arrived at Toungoo, British Burmah. She was the first of her family to enter upon foreign mission work, but since then several of them have gone to Africa, India and Japan. The efforts of Dr. and Mrs. Bunker have been in behalf of the " Hill Tribes," or Karens, who are demon- worshippers. Various dialects are spoken by them. At that time there was a sad division among them, owing to the influence of a missionary woman who seemed to be mentally unbalanced. After the toil of a decade har- mony came at last, and the nine churches of their field had multiplied to thirty-nine at the close of the twelfth year, and their schools were largely self-supporting. There are now eighty-five churches. Mrs. Bunker's labors were incessant and efificient. In her husband's absence for months while touring, she would take charge of the home station Training School. A large amount of medical work also came to her hands, amounting often to twenty cases a day. Native pastors 262 ELIOT MEMORIAL. were in the habit of coming to her in their difficulties about doctrinal and other matters ; and no small amount of patience and tact were required. She, too, made tours with Dr. Bunker, over mountains and through forests, for the sake of Christian work among women in the jungles. It is not strange that health should be completely broken down, and that a prolonged furlough at home should be required for recovery sufficient to authorize a renewed campaign in Burmah. 6. MRS. MARIA CHAMBERLAIN FORBES. Was a daughter of Mr. Lewis Chamberlain. Her birth dates at Honolulu, Hawaiian Islands, April 25, 1832. In early youth she attended Punahau School ; and after- wards coming to this country she entered Mount Holyoke Seminary, where her hopeful conversion took place. In 1852 she joined the Eliot Church on confession of her faith, at the same time with Mary Ballantine. December 21, 1858, she was married to Rev. Anderson O. Forbes, and went with her husband to the island of Molokai, where he was pastor of the old mission church founded by Mr. Hitchcock. After a few years of service there they removed to Honolulu, and Mr. Forbes was called to the second native church. Thence they went to the Lahainaluna Seminary on the island of Maui, where Mr. Forbes was engaged in teaching for several years, till called to the pastorate of the foreign church in Hilo. His next removal was to Honolulu as Secretary of the MISSIONARIES. 263 Hawaiian Board of Missions, which office he held till his death in 1888. Mrs. Forbes speaks with liveliest interest of the kind- ness of Dr. and Mrs. Anderson in furnishing a home for her in Roxbury. Now for many years she has been the manager of the Lunalino Home, which was founded by one of the last Hawaiian kings for the benefit of aged and homeless natives. The institution has about fifty inmates. Mrs. Forbes is a very energetic, useful, and much respected woman. 7. MRS. MARY BALLANTINE FAIRBANK. Among the nine individuals who joined this church in September, 1852, was a group of young ladies, nearly the same in age and stature. A special interest attached to each of the three. One of them was Marcia Evelina Atkins, modest and lovely, but pallid, and already awaken- ing the fear of friends lest she might become the victim of pulmonary disease. Two years later came her funeral. Another, Maria Chamberlain, the daughter of a mission- ary, was born in Hawaii, and is mentioned in the preced- ing sketch. Beside her, on the occasion referred to, stood Mary Ballantine, who claimed Bombay as her birthplace, though her parents removed during her infancy to Ahmed- nagar in Western India. She was a daughter of Dr. Henry Ballantine, one of the best known men who have gone from this country, in connection with the American 264 ELIOT MEMORIAL. Board, to that land where spiritual darkness reigns, but where the sun shineth in his strength. She was born September 10, 1836, and came to this country for better educational advantages. The family of Dr. Rufus Ander- son welcomed her much as they would a daughter of their own. This beloved Mary was noticeably blameless in de- portment ; was amiable and cheerful much beyond the average of young women. Her bright countenance re- vealed a captivating ingenuousness. She had been in the habit of daily prayer for a long time ; but after two years spent here she became convinced that her devotions were far from what they should be ; that she had never appre- hended her sinfulness and the consequent divine condem- nation ; that all which is threatened in the Word of God to those dying impenitent was deserved ; and that there was no salvation for her except by Jesus Christ. New tastes, hopes and joys followed. Pleasing as her countenance and manner had always been, there was now an added charm. Although forty-eight years have elapsed since she presented herself to assent publicly to the arti- cles of faith and covenant of the Eliot Church, I call to mind distinctly the expression on her face at that time. Her countenance, always bright, was now radiant as if a gleam from the Mount of Transfiguration had fallen on that precious young disciple. No cloud afterwards seemed ever to gather over her. When asked for a written opinion with reference to Miss Ballantine's appointment MISSIONARIES. 265 as an assistant missionary (1856), Mrs. Anderson wrote as follows : " She has good health with uniform cheerfulness and buoyancy of spirit. She has a good mind, well balanced, and was considered one of their first scholars at the Seminary at South Hadley. She has uncommon industry and tact in all practical matters relating to household duties. Her piety is of a high order. I have never known a young person of more spirituality of mind, or who lived habitually with such nearness to the Saviour. Her love for the missionary work is the ruling motive in all her plans and acquirements, and this has been the case ever since I have been acquainted with her. She has been in ovir family for months at a time, and I have felt daily impressed that she had in every respect a peculiar fitness for the missionary work. I have never seen a young person who seemed to promise greater usefulness in that work." Standing in the same aisle above referred to — the church filled with spectators — she was joined in marriage, July, 1856, with Rev. Dr. S. B. Fairbank of the Mahratta Mission. Scores upon scores of friends gave a hearty God- speed to the " beloved Persis who labored much in the Lord." Her children, one of whom is the wife of a mis- sionary at Ahmednagar, two other unmarried daughters and two sons in the same mission " arise up and call her blessed." In 1878 Mrs. Fairbank entered into rest, enter- ing at the same time yet more fully " into the joy of the Lord." 266 ELIOT MEMORIAL. 8. MRS. HARRIET S. CASWELL. As Miss Harriet S. Clark she was for a time in the infant class of our Sunday School (1839). We are un- willing to allow that even so slight a connection is not sufiftcient to authorize some mention here of one so long and so useful in the Master's service. At the twenty-fifth anniversary of our school a letter, addressed to the children, came from her hand, speaking of the sweet hymns she there learned and the singing which she so much enjoyed. The letter, very sprightly and pleasing, was written at the Cattaraugus Reservation for the Seneca Indians, where she labored successfully seventeen years as a teacher, and in connection with the Orphan Asylum which had been opened in behalf of that tribe. It was my pleasure to be one of the party when her father. Rev. Joseph S. Clark, D.D., accompanied her to that mission in the south- west corner of New York. It was the autumn of 1853, and I had the gratification of preaching to the Indians, Deacon Silver-Heels serving as interpreter. A more attentive or better behaved congregation I never wit- nessed, y Miss Clark was adopted into the Seneca nation, an honor more full of meaning and more fruitful than the freedom of a city, which is sometimes tendered to strangers by a white-man's municipality. They gave her an Iroquois name, Go-wah-dah-dyah-seh, " She pushes us ahead." This was happily significant of her success in endeavors to elevate the people. Her book entitled Our Life Among MISSIONARIES. 267 the Iroquois Indians, by Mrs. Harriet S. Caswell, is as graphic and entertaining as any stor}^-book, with the ad- vantage of being strictly true. It is a work of over three hundred pages, issued by the Congregational Sunday School and Publishing Society. After her return East Mrs. Caswell was active in the Boston North End Charities for Working Women. She was at one time editor of the Home Missionary, and is now Secretary of the Woman's Department of the Congregational Home Missionary Society. 9. MRS. JANE HERRING LOOMIS. The youngest daughter of the Rev. David Greene, and was born in Roxbury, June 14, 1845 ; graduated from the Young Ladies' Seminary, Auburn, N. Y., and for over ten years a teacher in the same. In 1863 she united with the Congregational Church at Westborough, Mass., and was later transferred to the Fourth Avenue Presbyterian Church, New York City. She married (1872) Rev. Henry Loomis, who was then under appointment to the Japan Mission of the American Presbyterian Board of Foreign Missions. Mr. Loomis had served in the 146th Regiment of Volunteers. Enlisting as a private he was promoted to the captaincy of a company, and fought in twenty-seven engagements. He was present at Lee's surrender; and when peace was restored, resumed study at Hamilton College, graduating in 1866, and from Auburn Theological Seminary three 268 ELIOT MEMORIAL. years later. In May, 1872, they reached Yokohama, a little before the first Protestant Church in Japan, now known as the Kaigan (Seaside) Church of Yokohama, was organized ; and in connection with that they entered upon their work with great earnestness. Hardly four years, however, had gone by, when Mrs. Loomis' health gave way, and they were obliijed to return home. In the Spring of 1881 Mr. Loomis was appointed agent of the American Bible Society for Japan, and in the Autumn following, Mrs. Loomis joined him at Yokohama once more. Besides the work of Bible distribution, which, during his superintendence, has probably reached two mil- lion portions of Scripture, they have done a good deal for Chinese residents in Yokohama, for foreign sailors in that port, and for prisoners in the consular jails. Their home has been a rallying place for Christians, both native and foreign. Mrs. Loomis is a deaconess in the Union Church of Yokohama. 10. REV. DAVID COIT SCUDDER. At the quarter-century celebration of the Eliot Sun- day School (1859), Mr. Scudder, in closing an excellent address said : " One day about eight years ago — I re- member it well — I was playing at my home here in Rox- bury. I happened to look up and saw our pastor coming toward the house. It was the annual day of prayer for colleges, and I at once thought that he had come to talk to me about my soul. I did not want to see him, and MISSIONARIES. 269 ran and hid myself. I was soon called in, however. He took me by his side, talked with me kindly but seriously, and as he was leaving asked me to mark in my Bible the eighth verse of the twenty-seventh Psalm. I did so. Time passed on, and my thoughtlessness continued. But about a year afterwards, when that moment came to me, as it always does once at least to every man — the moment when I saw that I had been seeking the world and its pleasures, and felt that they were tasteless — I remember taking my Bible and often looking at that verse : ' When Thou saidst, Seek ye my face, my heart said unto Thee, Thy face, Lord, will I seek.' It was not long before I sought his face and found peace." The family had for some time resided in Roxbury and worshiped at the Eliot Church. David was born in Boston, October 27, 1835. His father. Deacon Charles Scudder, was well known in the business world as a man of inflexible integrity, and in the religious world as a wise counsellor and a devout Christian, carrying a countenance and possessing a character full of sunshine. In boyhood this son was noticeably energetic, frolic- some, and impetuous, qualities that were afterwards modi- fied, but always remained characteristics. An impulse to run and to shout was inborn. Preparation for college was at the Latin Schools of Boston and Roxbury, and he graduated from Williams in the class of 1855. The home was a center of missionary influence, and a home for mis- sionaries. Among them it is natural to name Dr. John 270 ELIOT MEMORIAL. Scudcler, though his relationship was at a remove of six generations. In David's mind, to be a Christian and to be a missionary had always seemed one and the same. Accordingly when converted, during his college course his mercurial spirit led at once to thoughts of foreign service, which always presented attractions. Parental wishes were also thus met ; and his consecration was hearty and complete. Native exuberance might be grad- ually curbed, but would still overflow. Bishop Hannington, whose tragic end came later (1886) in Central Africa, had a temperament and traits similar to those of David Scudder. The adoption of a high and holy purpose by our young friend transformed him in a measure, making a man out of the boy. Aims and methods of study, and the direction of an earnestness that never flagged, took on a new type. Cheeriness and frankness were unabated ; conventionality never mastered him. During the remainder of his course at Williamstown, and afterwards at Andover, he gave him- self unremittingly to preparation for evangelistic work, especially in India, grappling with the Tamil language, studying the history, religion, and philosophy of the people, and at the same time endeavoring to enlist fellow students in a personal devotion to the foreign service. His pen was employed in contributions to the press. A package of his tracts for children, Tales about the Heathen, was issued by the Tract Society in Boston. He delivered ad- dresses to Sunday Schools and juvenile societies; at the same time engaging in something besides talk. He under- 271 MISSIONARIES. ' took a Bible agency in New Jersey and tract distribution in Boston. Having graduated at Andover (.859). he re- ceived ordination in Boston, February 25. 1861. It has never been tlie lot of the writer to take part in such a service with feelings of deeper interest than at that time The next evening he was married to the daughter of another deacon of the Essex Street Church. Dr. N. Adams baptized both bride and bridegroom in infancy, and received both of them into the visible Christian fold. Before graduating from college, India had become David's first thought in the morning, and was uniformly present in his mind. Catching sight of the coast south of Madras (June 25, 186.), he entered in his journal: My home is at hand. My work is before me. India is to be the Lord's. How soon ? " The next year he was put in charge of the mission district of Periakulam, about fifty miles northwest from Madura. He had just entered his twenty-eighth year, and was to be on missionary ground only a year and a half. November nineteenth he had occa- sion, in touring, to cross a river, which was suddenly swollen by recent rains. He was a good swimmer; bu when halfway across, there came down the stream a vast volume of water from a great tank which had given way. No human strength was equal to the emergency, and our friend was drowned. In a churchyard on a little hillside at Kodi Kanal may be seen a memorial stone with the inscription : David Coit Scudder. u He leadeth me beside the still waters." 272 ELIOT MEMORIAL. II. MISS ELLEN MARIA STONE. The daughter of Mr. Benjamin F. Stone, one of the original members of this church. The ancestors in each direct parental line back to the earliest arrival in New England were church members. June 4, 1848, the father and mother presented for baptism two children, one of whom, then two years old, was named Ellen Maria, for a missionary who had been the mother's Sunday School teacher. At that time the mother consecrated this child to missionary service, a circumstance not made known to the daughter till she was weighing the subject with reference to offering herself to the American Board. In her written offer of service occurs the following : — " Though often thoughtful upon the subject of my personal relations and duty to God, from the days when Dr. Thompson used to ask me, ' My little girl, do you love God?' yet it was not till March, 1866, during a revival of marked power, that I gave my life to God's service. In July following, with about a hundred others, I was received to the church." It was the First Church in Chelsea, Dr. A. H. Plumb, Pastor, the family having removed to that city. Miss Stone speaks of the Maternal Association, of which Mrs. Dr. Anderson was largely the life, and of the influence of Quarterly meetings, and of books and cards then given to children. Her immediate call to missionary service was by a sermon of Dr. E. K. Alden, 1878. She had had for years an agreeable and useful position on the editorial staff MISSIONARIES. 73 of the Congregatioiialist ; she was in charge of the Sunday School Primary Department — a very large one — of the First Church in Chelsea ; but the Macedonian cry seemed imperative ; and going to Samokov, Bulgaria, she became connected with the Girls' Boarding School of that city. Contributions from her graphic pen relating to that insti- tution, and to other departments of the good work, have appeared in News from Bulgaria, in the Missionary Herald, and Life and Light, as well as Mission Day spring. Among those contributions will be found many and inter- esting incidents and narratives. Since 1882 Miss Stone has had charge of the field work, or touring among the Bible women and teachers of schools connected with the evangelical communities. On her late needed vacation, after many years of work, she addressed numerous gather- ings of ladies, and of young people in the Endeavor meetings or in Sunday Schools. These addresses were instructive, and wisely suited to the object and the occasion. Her visits to the Eliot Church were peculiarly welcome and stimulating. Missionary work in Bulgaria, that land of a newly-born nation, is increasingly her delight. 12. Miss ANNA WELLS BUMSTEAD. The Rev. Robert W. Hume and Mrs. Hume, mis- sionaries of the American Board in India, on their way hence (1854), stopped at Cape Town, where Mr. Hume died. Through Mrs. Hume a copy of the life of Mary Lyon came into the hands of Dr. Murray, pastor of the 2 74 ELIOT MEMORIAL. Dutch Reformed Church at Wellington, a well-known author of devotional books. That led to the founding (1874) of the "Huguenot Seminary" at Wellington, forty- miles northeast from Cape Town. It was designed for daughters of European settlers in South Africa. A mis- sionary element entered into the thought of its founder, as was the case with its prototype, the Mount Holyoke Seminary. The institution took its name from Huguenot refugees, who, after the revocation of the Edict of Nantes, settled in that neighborhood. It has been signally blessed. Many pupils have been converted. Stimulated by the Report of the Woman's Board of Missions in Boston, a society was started among them in 1878. More than forty Alumnae are now scattered over South and Central Africa, engaged in Christian work at the diamond mines and the gold fields ; also in Mashonaland as well as on the Zambezi, and as far north as Lake Nyassa. Through their instrumentality not a few of the heathen have been Christianized. Young women of the seminary have availed themselves of the Cape University examinations ; and thus more than five hundred Christian teachers have been fill- ing positions of influence in mission, farm, and government schools. Miss Bumstead, a native of Boston, and grand- daughter of the venerable Deacon Josiah Bumstead, re- ceiving appointment as art teacher, sailed for Cape Town by way of England, 1882. During her five years' service at the Huguenot Seminary, in drawing and water colors, MISSIONARIES. ■75 she had a share in Bible instruction, and in conducting devotional meetings, as well as certain other responsibili- ties. Her service, though not formally, was really in the line of mission work. Three or four branch seminaries have been formed, besides a college at Wellington ; and in 1897 these institutions reported a membership of eight hundred. Miss Bumstead is now a representative in this coun- try of the South African General Mission, of which Rev. Andrew Murray is president. She collects funds, and during one part of the year a weekly half-hour prayer meeting for the cause is held in Boston. 13. MISS MARY G. BUMSTEAD. A younger sister of Miss Anna Bumstead, and a de- scendant of Thomas Bumstead, who, coming from England in 1640, united with the First Church, Roxbury, of which John Eliot was pastor. He afterwards removed to Boston, taking a letter to the Old South Church. There were members of that name in successive generations, till Josiah Bumstead, grandfather of these two young ladies, left the Old South to form, with others, the Park Street Church of Boston. In that he was a deacon for over half a cen- tury until his death (1859), at the age of eighty-eight. Miss Bumstead's father was for twenty-seven years clerk of the Eliot Church, and the records show a most com- mendable fidelity. A decidedly missionary spirit existed in the family of 276 ELIOT MEMORIAL. Deacon Josiah Bumstead. Miss Mary, a granddaughter, was a native of Roxbury; and in 1884, two years after her sister Anna's embarkation for South Africa, she hav- ing pursued a course at the Normal Art School, followed under an engagement to teach in the school at Worcester, one hundred miles from Cape Town. The Rev. William Murray, a brother of Andrew Murray, was the pastor of a Dutch Reformed Church in that place, and chairman of the Board of Trustees of the school, which was founded in 1876. The institution is a boarding and day school like the Huguenot Seminary at Wellington, for the daughters of white settlers, and is pervaded by a similar religious atmosphere. It has a training department for preparing young women to enter upon missionary work ; and a num- ber of the alumnae are thus engaged, while many are scattered as Christian teachers in the Cape Colony, in the Orange Free State, and in the Transvaal. During the last year's stay at Worcester, Miss Mary Bumstead had charge of the overflow department, which occupied a large building by itself. After a service of seven years at Worcester she returned home. In 1893 she went to Colorado on account of her health, which was speedily benefited. The next year she was in- vited to act, for a couple of weeks, as pastor of the church at Highlandlake, Colorado ; and a month later was accepted by the Congregational Home Missionary Society as one of their missionaries, and became the settled pastor of the afore- named church. At that time there was a congregation of MISSIONARIES. 277 only thirty-five, who worshiped in a small schoolhouse. The next year Miss Bumstead came East and obtained aid from friends, which, together with five hundred dollars from the Church Building Society, sufficed, with what the people could do, to secure a meeting house and parsonage, which were dedicated free from debt. The congregation doubled in attendance, and the Sunday School meanwhile increased. It was on her wedding tour, and under an attack of pneumonia, that Mary Bumstead Coates died at Denver, March 24, 1898. Indirectly and in spirit, though not in an immediate and technical sense, the South African experience of these sisters belongs to the category of for- eign missions. 14. REV. CHARLES W. MUNROE. In Mr. Munroe our Sunday School had an early member, who was born in Boston, October 21, 182 1. He graduated at Harvard College (1847) ^^^ ^t Andover Semi- nary (1849), and immediately entered upon home missionary service in the West. Wisconsin was his field, and he gathered the first church in Appleton. Mr. Munroe came East (1856) to assist his father in business; and now resides in Cambridge, where he is a valued officer of the First Church. 15. REV. SAMUEL GREENE. A son of the Rev. David Greene, born in Boston, December 9, 1835. ^^ enjoyed in Roxbury the advantages of good schools, including the Latin School, and also 278 ELIOT MEMORIAL. a year in Thetford Academy, Vermont. First religious impressions, outside of home, are ascribed to an evening spent, with other boys, in the writer's study. Public profession was made at Westborough, Massachusetts, whither the family had removed in 1849. Seven years later he removed to Muscatine, Iowa, and joined the church of which the Rev. A. B. Robbins was pastor. Thoughts of the ministry as his calling mingled with the aspirations of boyhood, and Dr. Robbins encouraged him to give up business pursuits, and his parting words when Mr. Greene left for St. Louis were, " Young man, if you feel as you say you do, and do not enter the minis- try, you will never be prospered as long as you live and refuse." Reverses in business at Chicago occurred ; and removal to Washington Territory took place with a view to Christian work. The second day after arriving there a Congregational minister came to him, reporting that he Tiad a place for him. It was on an Indian reservation where he labored for the greater part of a year. Leaving there he engaged in organizing Sunday Schools, and at length a church also, of which he was chosen the pastor. License to preach was given by the Oregon and Wash- ington Association, and later (1880) he was installed, by an Ecclesiastical Council, pastor of a church which he had gathered at Houghton, seven miles from Seattle. There he remained for ten years, till invited to become Superintendent of the Congregational Sunday School and Publishing Society for Washington and Northern MISSIONARIES. 79 Idaho. In that position he has continued to the present time. Mr. Greene is one of the leading ministers of Wash- ington. He has more than once been Moderator of the State Congregational Association, President of the Wash- ington Home Missionary Society, and has held other positions of trust. When he went to that region (1874) the population was sparse, and but little had been done toward gathering churches of any denomination, there being only six of the Congregational order, all of them weak, the largest not having more than twenty-five mem- bers. In the course of a decade (1887-97) he, together with his assistants, organized nearly five hundred Sunday Schools; while during the same period ninety churches were gathered and received into the fellowship of Asso- ciations, sixty of which churches resulted from the Sun- day Schools. For the past ten years Mr. Greene has, upon an average, preached more than three times a week ; and for the last seven years has annually traveled over twenty-five thousand miles. In a broad sense his entire work on that wide field has been home missionary. 16. MISS ELIZABETH ELLEN BACKUP. Her parents were of a good stock, and had been trained in the Scottish ways of Sunday observance, Bible study and rehearsal of the Catechism. They came from Paisley to this country immediately upon their marriage. Miss Backup was born in Wrentham, Massachusetts. At 28o ELIOT MEMORIAL. the age of eighteen she graduated at the Bridgewater State Normal School, and at once became a teacher ; but health soon broke down completely and has since re- mained delicate. In 1870 she went to Fisk University, Nashville, Tennessee, and remained through the academic year, having charge of what was then termed the Gram- mar School Department. She mingled as freely as pos- sible in the families of her day-pupils, and also taught in the Sunday School. She had long been interested in evangelistic work, and this labor at Nashville was de- signed to be and was of a decidedly missionary character. Bereavement in a brother's family called her back to Bos- ton that she might take charge of three motherless chil- dren. Interest in Christian work has for many years exceeded the strength required for much active service. At present Miss Backup is president of the " Asso- ciated Missionary Circles " of our Church, and also of the " Woman's Home Missionary Association." 17. MISS SUSAN MARIA UNDERWOOD. Among those engaged in city mission work was Miss Underwood, the only daughter of a physician then practic- ing in Andover, Massachusetts. When she was seven years of age her excellent Christian mother died, and the funeral was held in the chapel of the Theological Semi- nary, the venerable Dr. Woods conducting the service. At seventeen Miss Underwood became a teacher in one of the Roxbury public schools, and in 1850 was received to MISSIONARIES. the Eliot Church on profession of faith. Her religious experience was of a type much more than usually decided, and her character developed in a form of exceptional beauty and certitude. She was sprightly as well as pecu- liarly sympathetic and disinterested. With no sign of any morbid element she gave herself, in conscientious earnestness, to cultivating spiritual growth by observing the requirements of Holy Writ. Early every morning a text of Scripture was selected for immediate special aid during the day. Such writers as Baxter, Edwards, Brain- erd and the Wesleys were favorites. Seldom is any one met with less given to saying aught to the discredit of another, or more ready to lend a helping hand. She was able early to say, " I desire for myself no more temporal blessings than I now have. I am more than satisfied." Late in life she wrote, " If I were to send you a portrait of myself as I am spiritually, it would be holding a cup overflowing, on which is engraved ' Mercies' " That Miss Underwood should be intent on usefulness was a matter of course. She went to Hartford, Connec- ticut (1856), to attend upon the usual preparation for ser- vice under the care of the Board of National Popular Education at the West, of which the Hon. William Slade w^as the Corresponding Secretary. The ladies having in charge the preparatory course at Hartford were impressed with her remarkable fitness for foreign missionary sei"vice, and she received appointment by the American Board as a teacher in a female boarding school at Madura, India. 282 ELIOT MEMORIAL. It was arranged that she should accompany the Rev. Mr. and Mrs. Capron, who were destined to that mission. Her eyes, however, came to be in such a state as made it plain that she ought not to attempt the work in India. The next year (1857) she began city mission labor in Boston. It was, as we well know, arduous, often dis- couraging, and sometimes disclosing scenes that are pain- fully repulsive. But she was one of the perseveringly faith- ful. After two years of indefatigable work she was seized with a hemorrhage from the lungs. A voyage to Malaga, Spain, under very favorable circumstances, proved ser- viceable, and the exhausting work was resumed. Attacks of hemorrhage, six in number, were repeated till, on the morning of August 14, 1861, she awoke where the sun goeth no more down. In our Sunday School Miss Underwood was a highly valued teacher, and when obliged to leave she wrote, " Dear, delightful Roxbury." I have seldom, if ever, known any one whose calm, whole-souled and joyful trust in our Saviour surpassed hers. In one of her last letters she wrote : " I can look up and find rest in Him, who having loved his own loved them to the end. I lay my weary soul at his feet." Intellectually she was a superior young woman. Her published contributions to religious journals and her poetic effusions were far from being of an inferior stamp.' » Mrs. Dr. Anderson prepared a Memoir of her — 250 pages — entitled, Following after Jesus j a Mc?itorial of Susan Maria Underwood, which was published by the American Tract Society in 1863. CHAPTER XIX. EDUCATORS AND LITTERATEURS. I. REV. JACOB ABBOTT. The second name on the original roll of the church is that of Rev. Jacob Abbott. Although licensed to preach six years previously, he was ordained as an evangelist the same year in which '?his church was gathered. One of the recent encyclopa^dJus ascribes the founding of the Eliot Church to him ; in another he is said to have orgmiized it. Neither statement is correct. No one man was perhaps ever properly the founder of a Congregational church ; nor did Mr. Abbott organize the Eliot Church. But he was one of numerous individuals who were active in secur- ing its establishment. After it had been duly organized in the usual way by an ecclesiastical council, he supplied the pulpit for a considerable part of a year before his brother, Rev. John S. C. Abbott, became its installed pastor. Mr. Jacob Abbott was born at Hallowell, Maine, No- vember 30, 1803. He graduated at Bowdoin College, 1820; was tutor and then professor of mathematics in Amherst College from 1825 to 1829. On coming to this neighbor- hood he was associated for a time with Rev. William C. Woodbridge in editing The Annals of Education. Five 284 ELIOT MEMORIAL. years later he started, in Boston, the popular Mount Vernon School for Young Ladies, and afterwards was principal of a school in New York, where two of his brothers were associated with him. Mr. Abbott paid repeated visits to Europe, six or more, and was well known as an author, not only in this country, but abroad also. His earlier books were chiefly of a religious character — The Young Christian ; The Corner Stone ; and The Way to God. Other works, consisting each of one volume, were educational, historical, and descrip- tive— The Teacher, Gentle Measures in Training the Young ; Discovery of Avnerica ; Aboriginal America; Hoary Head and McDonner ; A Summer in Scotland. His serial writings are more numerous — Histories of Celebrated Sovereigns; Am,erican History, 8 vols.; Marco Paul's Adventures, 6 vols. ; The Little Learner Series, 5 vols.; Science for the Young; fohn Gay, or Work for Boys ; William Gay, or Play for Boys; Mary Gay, or Work for Girls ; fu7ie Stories ; August Stories ; each 4 vols. ; The Harlie Stories and The Florence Stories, each 6 vols. Other similar series consist severally of an unequal num- ber of books — The Rollo and Lucy Books of Poetry, 3 vols. ; Rainbow and Lucy Series, 5 vols. ; The Franconia Stories, 10 vols.; The Rollo Books, 28 vols.; and Harpers Story Books, 36 vols. The sum of those figures fails to give the whole number of books of which he was the sole author, namely 180, besides 24 others to which he contributed. Such EDUCATORS AND LITTERATEURS. 285 fecundity of pen is noteworthy indeed. During the period of productiveness there was an average of four books per annum; none of them, however, of a large size. Many of them were repubHshed in England, and not a few of them were translated into languages of the European Continent, while some appeared also in Asiatic languages. Mr. Abbott's style is lucid, simple, and pleasing, and his productions contributed to a new era in literature for the young. Success was due in part to the circumstance of their author being a man of quick perception and care- ful observation. He was in the habit of associating with children and observing their ways and capacities in play, in conversation, and in reading. This was noticeable dur- ing his residence here in Roxbury. Such a class of writ- ings does not call for great depth, but rather for skillful adaptation. On the score of circulation, remarkable suc- cess attended Mr. Abbott's literary ventures. Their aim and tone were safe, entertaining, and instructive, though exceptions have been taken to some things in one of his earlier works, The Corner Stone. Mr. Abbott died at Farmington, Maine, the thirty-first of October, 1879. 2. REV. WILLIAM CHANNING WOODBRIDGE. It is not often that two ministers of the gospel are found among the original members of a local church. Such, however, was the case here when Jacob Abbott and William C. Woodbridge were enrolled with forty- nine others, though neither of them ever became a pastor, 286 ELIOT MEMORIAL. and both were devoted to education. Mr. Woodbridge was born in Medford, Massachusetts, December i8, 1794, and graduated from Yale College in 181 1. He began preparations for the sacred ministry, but ill health, which continued through life, obliged him to relinquish that object. He devoted himself, so far as strength would allow, to the interests of education, and became the principal of Burlington Academy, New Jersey, 18 12-18 14. After that he was for some time associated with the Rev. Thomas H. Gallaudet and M. LeClerc as a teacher in the Deaf and Dumb Asylum at Hartford, Connecticut, which was opened in 181 7, the first institution of the kind established in this country. At length he prepared a well known geography, the first of a scientific stamp, and which marked an epoch in the methods of such works in England as well as in this country. Mr. Wood- bridge visited Europe three times. He made a study of Italy and Sicily, and resided several years in the middle countries of the Continent, becoming widely ac- quainted with literary and learned men, and making con- tributions to educational magazines. He felt a special interest in Baron Tellenberg's institution at Hofwyl, Switzerland. Upon his return to the United States he conducted, as proprietor and an editor, The American Annals of Education here in Boston (1831-38), a very useful publi- cation. Lyceums and conventions of teachers were largely due for their origin and early usefulness to his influence. EDUCATORS AND LITTERATEURS. 287 He advocated the use of the Bible as a classic in educa- tion. Mr. Woodbridge was a man of large benevolence, and of a decidedly religious character; but suffered much from poor health and consequent debility, and died Novem- ber 9, 1845. 3. WILLIAM ALEXANDER ALCOTT, M.D. Dr. Alcott, a cousin of Bronson Alcott, studied at the Medical School, New Haven, Connecticut, and after practicing in his profession for a few years, entered upon other lines of labor, and ceased to be known as a physi- cian. He was born at Wolcott, Connecticut, in 1798, and removed to Boston two years before the Eliot Church was organized. He became associated with William C. Woodbridge in educational authorship and kindred work. There was similar association with Gallaudet and others in Connecticut. He had a share in editing The Annals of Education ; also The Juvenile Rambler, the first weekly periodical for children in this country. He contributed many articles at different times to other papers, and one ot them. On the Construction of School Houses, gained a premium. His published works — books and pam- phlets— were more than a hundred in number. Among them are Young Mans Guide, Young Womaiis Guide, Young Housekeeper, The House I Live In, Library of Health, six volumes. He was a philanthropist and a reformer. The improvement of public education engaged thought and effort year after year. To forestall and pre- 288 ELIOT MEMORIAL. vent poverty, vice, and crime by correct physical and moral training was his steady aim. For over twenty years Mr. Alcott delivered lectures during the winter season in various places. He visited even thousands of schools, but his labors were chiefly gratuitous and unrewarded. Peculiarities, especially in regard to diet, were noticeable. In person tall, spare, and ungainly, and with a counte- nance not particularly pleasing, he yet impressed every one as being a kind and conscientiously religious man. Mr. Alcott died at Auburndale, March 29, 1859. 4. REV. SOLOMON ADAMS. Was born in Middleton, Massachusetts, March 30, 1797, and he bore the same name as his father, then minis- ter of that place. Mr. Adams graduated at Harvard Col- lege, 1820, and at the Andover Theological Seminary, 1823. He looked upon the ministry as peculiarly attrac- tive ; at the same time he entertained a strong predilec- tion for teaching, and regarded himself as better qualified for that than for any other profession. Accordingly, upon leaving Andover, he at once accepted the principalship of Washington Academy, East Machias, Maine. That was the best endowed academy in the state, and the only one east of Penobscot River and Bay. Mr. Adams' suc- cess was brilliant, and marked an epoch in the progress of education in that section of the state. Thoroughness and accuracy, ability to inspire pupils and control their sentiments, were among his marked characteristics. Dr. EDUCATORS AND LITTERATEURS. 289 Samuel Harris, former President of Bowdoin College, and later a Professor at New Haven, writes, as many others would write: "I feel I owe a great debt of gratitude to him for his instruction, his influence in developing my intellect, quickening my interest in study and in all that is right and good, and in shaping the course of my life. His whole influence on his pupils was uplifting and good; he always manifested a great interest in his pupils, not only in their school work, but in their whole life and development ; he was a man of most eminent ability as a teacher. I always remember him with gratitude, love and high esteem." In 1828 Mr. Adams opened in Portland the "Free Street Seminaiy " for young ladies, which, during the twelve years of his connection with it, ranked as the best institution of the kind in Maine. At a later period he opened a similar school in Boston. Owing to medical advice, upon failure of health, he gave up teaching. His methods of instruction, and especially the employment of devices for illustration, were in advance of his day. The practice of daguerreotyping microscopic views, which has become so common in this country and in Europe, originated from a suggestion of his (1845) to Mr. Whipple a photographer, who for a number of years worshiped with us. While an officer of the American Institute of Education, Mr. Adams was influential in promoting im- proved methods. At East Machias he received ordina- tion as an evangelist (1825), and some of his sermons ELIOT MEMORIAL. were deeply impressive. In the course of that year there came a rehgious revival of great power, in which he labored with special earnestness. Benignant, unselfish, unassuming, yet firm, Mr. Adams was greatly respected wherever known. He died at Auburndale, July 20, 1870, much valued in the community for his Christian charac- ter and influence. 5. REV. HORATIO QUINCY BUTTERFIELD, D.D. Yet others of the early as well as later members of our church were devoted to the cause of education. To this category belongs President Butterfield. The first of his ancestors in this country settled at Charlestown in the year 1638. Dr. Butterfield's grandfather was in the Battle of Bunker Hill, and his great-grandfather, with six sons, enlisted for service in the War of the Revolution. The town of Phillips, Maine, was Dr. Butterfield's birthplace, August 5, 1827. He graduated at Harvard College in 1848, under the presidency of Mr. Everett, and then for two years had charge of the Roxbury Latin School. During that period he became specially inter- ested in the subject of personal religion. He confessed that whatever of religious thoughtfulness he had had previously was subject to a sad decline in the course of his college life, but while in our congregation he experi- enced a marked spiritual change — all things becoming new — and on confession of faith in Christ, connected himself (1850) with the Eliot Church. One statement of EDUCATORS AND LITTERATEURS. 29 1 his at that time was, " I can now form no idea of real happiness apart from holiness." Then followed three years of study at the Bangor Theological Seminary in his native state, preparatory to pastoral work. To that he was devoted — with the exception of one year at the Andover Theological Seminary — from 1854 till 1866, when he became professor of languages in Washburn College, Kansas. During the last four years there he was President of that institution. Thence he was called to New York City as Secretary of the Society for Pro- moting Western Collegiate Education, which position he held for several years. In 1876 he was elected president of Olivet College, Michigan. The institution was at that time in a depressed condition, the number of students hav- ing fallen off quite sensibly. In a few years that number was doubled. Scholarships and other equipments were supplied, new buildings erected, and an era of general prosperity opened. In his varied relations and services Dr. Butterfield had large occasion to solicit money, and he met with a fair amount of success. If in any case there might be a failure to secure funds, there could be no failure to secure friends, so gentlemanly was he and so well acquainted with the workings of human nature. In the course of the last year of his life, the college re- ceived through his influence an endowment of $96,000. The key-note of Dr. Butterfield's administration was given in the inaugural (1876): "I know the heart of the needy student; and if I forget him, may my right hand forget ELIOT MEMORIAL. her cunning." His eighteen years' presidency and pas- torate of Olivet College was a period of most happy influence upon students and upon the surrounding com- munity. An unusual combination of gentleness and firm- ness, of cordiality and dignity, of sympathy and conscien- tious fidelity, always commanded affection and respect. Everywhere he exhibited more of the Christian man than the savant. His personal qualities and his high aim in administration were an important factor in securing to that College the reputation of being a place of specially safe and healthful influence. What ambition can be more noble in one occupying such a position than to promote the religious well-being of undergraduates, and through them the religious welfare of society at large and the eihciency of the church ? What satisfaction can be greater than to see, in pulpits and in other positions of power, the fruits of college training and college revivals ? In religious opinions and measures Dr. Butterfield was con- servative ; the doctrines of grace were his delight ; with suppression of truth and with compromises he had no fellowship. A more healthful or a more decided religious atmosphere could be found at few, if any, of our colleges, west or east. From 1883 onward, President Butterfield was a Cor- porate Member of the American Board. From 1850 on- ward, he retained a warm interest in the Eliot Church ; and in conversation as well as correspondence with me always said, " My Dear Pastor." From the beginning of EDUCATORS AND LITTERATEURS. 293 our acquaintance with him, he exhibited such good sense, such an unassuming yet self-respecting deportment, as won confiding regard from all who knew him, and won the affectionate regard of those who knew him intimately. February i6th, 1894, his remains were laid beside those of his wife in the cemetery at Newton Centre in this state. 6. CHARLES SHORT, LL. D. Mr. Short, who came from the First Church in Cam- bridge, was one of three on our roll who afterwards received the honorary degree of ll. d. He was born in Haverhill, Massachusetts, May 21, 182 1 ; graduated from Harvard College, 1846; and was for several years princi- pal of the Roxbury Latin School. The corporate name of that institution is The Grammar School in the Easterly Part of the Town of Roxbury, though popularly known in the way previously given. Of all the institutions of learning in our country it ranks on the score of age as the third, having been founded in 1645. The two which antedate are the Boston Latin School and Harvard Col- lege. This school holds the enviable position of being, so far as known, the only one of existing schools in the land which has " never received from state or town any endowment, grant, or subsidy, or anything from the pro- ceeds of taxation except a small annual payment for a few years from the town in consideration of an enlarge- ment of its course of study, and is as free to all the inhabitants of the town, or in later days of the territory ^94 ELIOT MEMORIAL. within the original town limits, as the public town or city schools." ' In the year 1863 Mr. Short was elected president of Kenyon College, Ohio, where he took the chair of Moral and Intellectual Philosophy. From 1868 till the time of his decease (December 24, 1886) he was professor of Latin in Columbia College, New York City. He was on the Committee of Revision of the New Testament, and served as its secretary. Dr. Short was a member of several learned societies, to which he made valuable written contributions, besides furnishing articles for various reviews. Several school books were revised by him, and his treatise on The Order of Words in Attic-Greek Prose is acknowledged to be the ablest work on that subject which has yet appeared. Dr. Short was a thorough classical scholar; a man of great refinement, of unusual painstaking industry, and of very agreeable social qualities. 7. PROF. WILLIAM RIPLEY NICHOLS. Of all who have been connected with the Eliot Church, Professor Nichols takes the lead in the depart- ment of science. His short life — only thirty-nine years being allotted him — bore the fruits of intense industry. He was a son of C. C. Nichols, Esq., and was a native of Boston. After graduating from the Roxbury Latin School at the age of sixteen, he went to Europe with two classmates, under the guidance and instruction The Roxbury Latin School. By J. Evarts Greene. li EDUCATORS AND LITTERATEURS. 295 of Professor Buck. The two years' absence were spent chiefly in France, Germany, Italy and Greece. The lan- guages of the three former countries were mastered ; and an acquaintance, not wholly superficial, with the lan- guage of the one last named was also formed. On re- turning home he entered Harvard College with the class of 1869. Midway in Freshmen year he withdrew and joined the Massachusetts Institute of Technology. A trouble with the eyes may have had influence in this step, but the leading consideration was a preference for science. At that time the elective system had not been adopted at Harvard as it has been since. For a youth of eighteen he had unusual maturity of judgment and decision of character. It is not known that he ever for a moment regretted the change or wavered in his devotion to the Institute. During the undergraduate course he gave in- struction in languages ; and upon graduating was imme- diately made an instructor in chemistry. The year 1870 found him Assistant Professor in general chemistry ; and 1872 a Professor. That position he held till his decease in 1886. All his work was characterized by patience and scrupulous accuracy ; nor did he merely plod ; the funda- mental principles of scientific investigation were kept clearly in mind. Nothing crude or unproved was allowed in his statements. For securing exactness neither time nor money was spared. He was at the expense of send- ing an assistant to England for the purpose of studying under Frankland and of mastering his methods. 2o6 ELIOT MEMORIAL. Even before graduation Professor Nichols had pre- pared two scientific papers, which were widely copied and were quoted in foreign periodicals. Inorganic chemistry attracted him at first ; then he gave himself specially to sanitary chemistry, devoting great attention to questions of water supply and other matters relating to public health. In 1870 he began investigations of the chief rivers in the Commonwealth for the State Board of Health, and was soon recognized widely as an authority. His opinion was sought by Water Boards of many cities and by Com- mittees of Legislatures with reference to the conditions of public health, and his opinions carried weight not only in the United States but in Europe. A diploma with an accompanying medal was sent to him from the London Health Exhibition. Publications from his pen, under the head of Sanitary Chemistry, amount to forty-four, that of 1883, on Water Supply, being best known. Other pub- lications of a kindred nature, and the result of collabora- tion, carry the number up to sixty or more. He also furnished a valuable revision of two works. Manual of Inorganic Chemistry and Qualitative Analysis. Member- ship was accorded Professor Nichols in numerous scientific societies of this country, as well as the London Society of Chemical Industry, and the Deutsche Chemische Gesellschaft. He had a wide acquaintance, personal and by correspondence, with men eminent in the same depart- ment, both in Great Britain and on the Continent. He visited Europe not less than seven times. EDUCATORS AND LITTERATEURS. 297 But enthusiasm for learned pursuits by no means wholly absorbed Professor Nichols. Membership in the Eliot Church began at the age of fifteen (1863). A few months before that he became convinced that his was a deceitful heart ; that it was sinful to live for self, and that the atoning blood of Jesus Christ was what he needed. The Bible became a new book to him, and prayer three times daily a new practice. Several years later (1870) his relation was transferred to the Highland Church, in the gathering of which he felt a deep interest. He was one of its trustees and was clerk of the Ecclesiastical Society. In the course of his last prolonged sickness he became Superintendent of the Sunday School, and was indefatiga- ble in preparing exercises for the concerts, and in attend- ance upon teachers' meetings as well as upon church gatherings. Nor was such activity merely local. While scientific labors had a philanthropic aim, his interest in the moral well-being of the community at large was not slight. He took part in the formation (1878) of the New England Society for the Suppression of Vice, and became one of its directors. Professor Nichols was deeply con- scientious both as a Christian man and a scientist. He had the genius of resolution and the heroism of persever- ance. Overwork brought on empyema, and the last five years of life were years of progressive suffering and weak- ness ; and yet a time of but partially diminished industry. Literary and educational work, even night work continued. An extra course of lectures at the Boston University was 298 ELIOT MEMORIAL. undertaken. Unable to travel to and fro from home, or even from the railroad station, he uttered no complaint, but removed to Hotel Brunswick that he might be in close neighborhood to the place of chosen labor, and not miss an exercise. In 1886 a second and very critical operation became necessary. For this purpose he went to Hamburg, having arranged, before sailing, a cable code to be sent back. The word Prepare signified " The patient is sinking ; " and the word " Worst " denoted " The patient did not survive the operation." These mes- sages, flashed beneath the ocean, filled many hearts with profound sadness. His library, unsurpassed in collections of books and pamphlets relating to sanitary chemistry, was bequeathed to the Institute of Technology, and by that institution has been named, " The William Ripley Nichols Library.' 8. PROF. FRANK EUSTACE ANDERSON. At fifteen years of age, the same age as Prof. William R. Nichols, he joined the church on confession of faith. His testimony at that time to a hearty accept- ^A Memorial, 1887, containing — Funeral Address by the Rev. W. R. Campbell. Memorial from the Institute of Technology. Memorial from the Alumni Association. Antiual Catalogue of the Institution for i886-i88y. Prof. L. M. Norton in American Chemical fournal, Vol. VIII, No. 6. Prof. G. F. Swain in Scientific American, April 30, 1887 Prof. F. H. Storer, an Article for the Atnerican Academy of Arts and Sciences, 1887. EDUCATORS AND LITTERATEURS. 299 ance of all the distinctive truths of evangelical Chris- tianity and to his purposes in life was gratifying, as well as his expressed preference for solid reading instead of fiction, his reverence for the Word of God, and his habit of prayer. Dr. William Everett declared publicly that our Latin School " never graduated a brighter intellect, a warmer heart than that of Frank Eustace Anderson, of the class of i860." He was born November, 1844, at Goff's Falls, New Hampshire. The family came to Boston when he was four years of age. His father, like some others of the same name, hailed from the Scotch element in the north of Ireland, and was senior partner in the house of Anderson, Heath & Co., Boston. In the Roxbury Latin School Frank Anderson was recognized as a scholar of great promise. From Harvard College he graduated, 1865, among the highest in the class, his record in Greek scholarship being very exceptional. He was then enrolled in Trinity College, Cambridge, England. Excellence in the classics secured for him a scholarship, and after taking his degree there, in 1869, he studied for some time at Heidelberg and Berlin. For two years he served as tutor at Harvard College, and then received appointment as assistant professor. His enthusiasm and his improved methods of teaching gave a new impulse to the study in his chosen department. Professor Anderson's constitution was not naturally strong ; he neglected to observe duly the laws of health, and frequent visits to Europe failing to bring relief from 300 ELIOT MEMORIAL. the neglect of required regimen, he was obliged to tender his resignation in 1878. He afterwards resided chiefly at Leipsic, still pursuing favorite studies, though with con- stantly declining health, and the end came July 15, 1880. His remains rest in the new cemetery of that city. 9. HORACE ELISHA SCUDDER, LITT. D. The family of Deacon Charles Scudder resided here for a few years, but without sundering their ecclesiastical relations to the Essex Street (now Union) Church. Their presence with us was a benediction. The youngest son dedicates one of his books, The Bodleys Afoot {\%']C)), "To the Memory of the Best of Parents ; " and in so doing was at least not far from literal correctness. In the same book our Warren Street is spoken of. Horace E., when a lad of about a dozen summers, was a favorite with those among us of similar age, as well as of those older. He was a leader in social activities, especially such as were of a charitable nature. On attain- ing his majority, Mr. Scudder, referring to a Juvenile Association, which was largely due to his agency, wrote, " We used to hold our meetings in the large vestry, and I recall one of them now — the assembly of children and some older people, the missionary intelligence read from the desk, and, what was the most interesting exercise to the children, the announcement of the sum of money that had been contributed. I wonder if any of my asso- ciates recollect a sermon one rainy Sabbath, by a veteran EDUCATORS AND LIITERATEURS. 30I missionary, Rev. Dr. Poor, from the text, ' The churches of Asia salute you ' — and how in the course of his sermon he called upon the members of the Juvenile Association to stand up, which they did." Mr. Scudder, who was born in Boston (1838), after graduating from Williams College (1858), had private pupils in New York for three years. The stories written for their birthdays were afterwards published in book form, with the title of Seven Little People ajid Their Friends. This was followed by numerous other books designed for the young, entertaining, healthful in tone, and instructive. He approved himself as the man to prepare a work on Childhood in Literature and Art; with some Observations on Literature for Children. The young people of our country are greatly indebted to Mr. Scudder. The Life and Letters of David Coit Scudder^ a brother, whose brief missionary career in India came to a sudden close ; biographies of George Washington and Noah Webster were also by him. Mr. Scudder had charge of The Riverside Magazine for Young People; and in 1890 became editor of The Atla7itic Monthly. He wrote two school histories of the United States, besides contributing to Bryant and Gay's History of the U^iited States, as well as to the Memorial History of Boston. The number of volumes from his pen, not including compilations, is between twenty and thirty. Princeton University, on the occasion of its one hundred and fiftieth anniversary, conferred upon Mr. Scudder the 302 ELIOT MEMORIAL. deeree of Litt. D. In the Riverside Literature series of Portraits and Biographical Sketches of Twenty Amer- ican Authors, Mr. Scudder's name appears along with the names of such writers as Bryant, Cooper, Emerson, Hawthorne, Holmes, and others. CHAPTER XX. LAWYERS. The legal profession has been honored by those who belonged to it while in the congregation, or who entered it after leaving the congregation. With varying degrees of eminence a uniformly high tone of character has been maintained on their part. Though the number is not large, it is all that might naturally have been expected. The first lawyer came to Boston over two and a half centuries since (1637). The present corps in this city is not far from one thousand. I. HON. SAMUEL HURD WALLEY. Three years after the organization of the church, Mr. Walley became a member, and for more than twenty years rendered invaluable service. His seat in the sanctuary on the Lord's Day was never vacant, save when sickness or absence from town intervened ; and he could be depended upon for a helpful share in all week-day devotional meet- ings. Religious training in early life, and a good educa- tion, contributed to qualify him for Christian work. He enjoyed the blessing of pious parents and grandparents — his mother being a daughter of Governor Phillips. He graduated from Harvard College (1826) in the same class with Drs. N. Adams, George Putnam, and A. P. Peabody; 304 ELIOT MEMORIAL. and studied law in the office of Hon. Samuel Hubbard. The powerful ministry of Dr. Lyman Beecher, with whose church in Boston Mr. Walley became first connected, had large influence in shaping his religious views and char- acter. The consistency of his profession he maintained in secular relations, such as various pecuniary trusts, the treasuryship of moneyed institutions, the presidency of Revere Bank, membership for eight years in the Massa- chusetts legislature — of which body he was the Speaker for several sessions — and as a representative in Congress. But it is church life and activity of which more especial mention should be made here. Mr. Walley was the effi- cient superintendent successively of the Mason Street and the Bowdoin Street Church Sunday Schools, and for nearly twenty years was president of the Massachusetts Sunday School Society. It was an unusual circumstance that, on retiring from the charge of the former of those two schools, he was succeeded in the superintendency by his father, Samuel Hall Walley, who held the position for seventeen years, till his death in 1850.' While with us he conducted a large Bible class of young ladies, and their uniform punctual attendance showed their interest. As one and another of them was removed by a lingering illness, it became manifest that the good seed sown by their faithful teacher bore fruit. Mr. Walley was a man of joyous temperament — frank, genial and kind. His presence was a benediction Memorial of Samuel H. Walley^ 1866. LAWYERS. 305 to any neighborhood and any church. I once said to him in his office, " Mr. Walley, how comes it that you always have such a streak of cheerfuhiess, enough for yourself and to make everybody else happy who comes in here ? " " Whatever I have is from God," he replied. " My earliest recollection is the prayers of my mother. I was an ugly boy. At four years of age my grand- mother bade me do something which made me exceed- ingly angry. I went outdoors and sat on the wood-pile, pouting. All at once it occurred to me, ' There is no use in this ; I 'm making myself miserable, and others too; I'll now try and make them happy.' And from that time to this it has been a study with me to make people happy." ' He removed from Roxbury to Boston, and died at the age of seventy-three, August 27, 1877. 2. HON. CHARLES THEODORE RUSSELL. One of the earliest representatives of the legal pro- fession was the Hon. C. T. Russell, who became a mem- ber on confession of faith in 1838. Fifteen or more years later he removed from Boston to Cambridge and con- nected himself with the First Church of that city. Princeton, Massachusetts, was his birthplace, but the earliest ancestor in this country was a Puritan, William Russell, a citizen of Cambridge in 1645. M^"- Russell's parents attained unusual longevity, his father, after voting at state elections for sixty-nine consecutive years, died at ' Meviorial Sermon by Rev. J. M. Matming, D.D., 1878. p. 13. 3o6 ELIOT MEMORIAL. nearly ninety years of age, while the mother lived to her ninety-third year. She was descended from a younger brother of the Earl of Huntington. Mr. Russell ranked high in his class at Harvard Uni- versity, and after graduation studied law. The firm of C. T. & T. H. Russell has been well known for full half a century. During that time Mr. C. T. Russell was elected to a series of public trusts. On the School Committee of Boston he took right ground regarding the admission of colored children to the public schools on an equality with other children, and ably defended the position, though in consequence he failed of reelection. Sentiment has since undergone a favorable change. At different times he represented Cambridge in the lower house of the Leg- islature, and the County of Middlesex in the Senate. While Mayor of Cambridge, 1861 and 1862, he cooperated efficiently with Governor Andrew in filling up quotas of State troops, and it was upon his suggestion that Cam- bridge offered the first large bounties. He was a pro- fessor in the Law School of Boston University from its foundation onward ; and for many years was a corporate member of the American Board of Missions, and one of the Board of Visitors of the Theological Seminary at Andover. Mr. Russell's last sickness was a very short one ; and his death was almost as sudden as that of his son, the late Governor William E. Russell, though he had lived twice the number of years, seventy-nine. LAWYERS. 307 3. HON. WILLIAM GASTON, LL. D. Huguenot blood always suggests pathos and special genealogical interest. Mr. Gaston's ancestor, Jean Gas- ton, one of the French Huguenots who suffered perse- cution and confiscation, fled for refuge to Scotland, where he married. Two of his descendants came from the north of Ireland to New England about 1730, and settled at Voluntown, Connecticut. A son of one of them, John, had a son John, who was Governor Gaston's grandfather, and who married a daughter of his pastor in that town, the Rev. Alexander Miller. Their son, Alexander Gas- ton, removed to Roxbury in 1838. Our William was then in the family, having been born in Killingly, Con- necticut, October 3, 1820. At the Brooklyn and Plain- field Academies of that state he fitted for Brown Uni- versity, which he entered at the age of fifteen, and from which he graduated with honors, 1840. He entered Judge Francis Hilliard's oflfice in Roxbury, and afterwards pur- sued legal studies in the office of those eminent lawyers and jurists, Charles P. and Benjamin R. Curtis of Boston. Mr. Gaston opened a law office in Roxbury, and came to a leading position at the bar. After about twenty years he formed (1865), with Hon. Harvey Jewell and Hon. Walbridge A. Field, a Boston law firm which be- came noted. As an advocate Governor Gaston was one of the comparatively few who achieve well-sustained emi- nence of the first grade. He devoted himself with wisely- directed enthusiasm to his profession. To clear and logi- 3of ELIOT MEMORIAL. cal thinking he united an unusually forcible and convincing manner of address. An air of honest conviction on his own part contributed to his success. He never solicited office, but office solicited him. He became President of the Roxbury Common Council (1852-1853); City Solicitor for five years; Mayor of Rox- bury (1861-1862); member of the House of Representa- tives (1853, 1854, 1856); and of the Senate (1868); Mayor of Boston (1871-1872); President of the Boston Bar Asso- ciation ; Governor of the Commonwealth (1875). In all these positions he was courteous and unassuming. Sound- ness of judgment and purity of life were acknowledged by all. His integrity was never impeached. Simplicity of manners, and a preference for domestic enjoyments were characteristics. His decease occurred January 19, 1894. 4. NEHEMIAH CHASE BERRY. Was born in Pittsfield, New Hampshire, November 28, 181 1. His grandfather did service in the Revolutionary War, holding the rank of captain. An English ancestor settled at Portsmouth before 1640. Dartmouth College was Mr. Berry's Alma Mater ; and after graduating (1839), he became first principal of the Stetson High School at Randolph, Massachusetts. In 1847 he was admitted to the Norfolk County Bar, and three years later began the practice of law in Boston. On removing to Roxbury, Mr. Berry brought to us a letter from the First Church in Randolph, and in a nar- LAWYERS. 309 rative of religious experience spoke, as many another has done, of the Christian earnestness of his mother, and of the conversion of a brother and sister, as a special bless- ing to him when a young man. While in college and in the churches with which he was afterwards connected, Mr. Berry maintained a decidedly consistent character as a professing Christian, uniform in attendance upon meet- ings and the discharge of obvious duties. To the Bible he gave earnest study. Great sobriety of judgment and utterance was a characteristic. His presence and opinions were much valued in ecclesiastical councils when embar- rassing questions came to the front. Unemotional, his mind was distinctively of a judicial stamp. Late in life he prepared a small law-book, entitled Pleading and Prac- tice. Unusual vigor was retained until seventy-eight years of age, when a severe sickness compelled him to relin- quish much of his business, though still continuing to practice law till eighty, indeed till the last day of life. When passed fourscore he argued a case, which involved a nice question of law, before the full bench of the Supreme Court, the decision of which, in his favor, was rendered after his death. That event was due to a rail- road accident, March 19, 1892. 5. HENRY HILL ANDERSON. The eldest son of Dr. Rufus Anderson was a native of Boston. He studied at Phillips Academy, Andover; graduated at Williams College, cum laude, 1848, and im- 3IO ELIOT MEMORIAL. mediately began the study of law in New York, where, the next year, he was admitted to the bar. In 1852 he became the partner of A. J. Willard — afterwards chief justice of South Carolina — and remained in that firm till 1857, when he retired and spent two years in foreign travel. On his return, Mr. Anderson became assistant under the Hon. Greene C. Bronson, Counsel to the Cor- poration of New York, and had entire charge of all cases for the city. Such signal success attended his services in that capacity as secured for him a wide and gratifying reputation. His nomination (1871) by the Democratic party for the bench of the Supreme Court failed of suc- cess ; and ever after he declined public ofHces, though solicited more than once to accept appointment. One position thus declined was a seat in the Court of Appeals. As the counsel of large estate and corporation interests for many years, he exhibited great sagacity and enjoyed the confidence of prominent men, being accounted a lawyer of sound judgment and of uniform regard for the honor of his profession. He stood in the front rank at the bar. Mr. Anderson had connection with many clubs in New York, but was specially interested in the reorganiza- tion of the University Club, of which he was for nine years the president. He joined the Calvary Protestant Episcopal Church, and for a long time was one of its vestrymen. His death occurred at York Harbor, Sep- tember 17, 1896. LAWYERS. 6. JOSIAH WOODBURY HUBBARD. Like many other members of the Boston bar Mr. Hubbard hailed from New Hampshire, the town of Nel- son being his birthplace, January 3, 1826. The father, a physician, removed when this son was ten years of age to Springfield, Vermont. In 1848 Mr. Hubbard entered the Harvard Law School ; but he also studied in the office of Governor Metcalf of New Hampshire, as well as that of Hon. O. P. Chandler of Woodstock, Vermont. On coming to Boston he was for some years in partner- ship with Judge Isaac Storey, and afterwards in business by himself. When the Walnut Avenue Church was formed Mr. Hubbard connected himself with that ; and for a lonof time conducted a Bible Class of ladies. He was a rever- ent and careful student of the sacred volume ; a man of refinement, helpful in religious meetings, and ever ready with kind, judicious assistance for those needing aid. At times his legal knowledge served an excellent purpose in ecclesiastical councils. His death took place September 16, 1892. 7. DAVID BRAINERD GREENE. The eldest son of Rev. David Greene was born in Boston, November 11, 1830. After enjoying the advan- tages of our excellent Roxbury schools, he matriculated at Yale College, but graduated with honors at Williams in the class of 1852. Almost immediately he went to 312 ELIOT MEMORIAL. New York City, and worked in a law-office till admitted to the bar. He then became a co-partner in the law firm of Buckham, Smales & Greene for several years. Later he formed another partnership, and also subsequently practiced awhile by himself. In i860 he went West, and when the war broke out the next year he enlisted in an Iowa regiment, serving at first as a private. He then raised a company, of which he became captain, and which was mustered into the third regiment of Missouri Infantry Volunteers, and con- tinued in that position, serving with his regiment in Missouri, Mississippi and Arkansas, till the eleventh of January, 1863, when he was killed in an action at the beginning of the battle of Arkansas Post. His brother Roger was with him at the time, but the shot was so instantly fatal that no conversation could be had between them. This army service reminds us of the ancestral patri- otism. Mr. Greene's grandfather, Thomas Greene, when only sixteen years old, enlisted as a soldier near the close of the Revolutionary War, three of his older brothers being captains in the Continental army. He lived to the age of eighty-four. It may be added that the father of Thomas Greene, William Greene, was born on the Atlan- tic ocean, while his mother, recently widowed, was return- ing from Old England to New England, about 171 2. LAWYERS. 3^3 8. JEREMIAH EVARTS GREENE. Like his older brother David, Mr. Greene was born in Boston, November 27, 1834, being the date. Our Roxbury Latin School gave him preparation for the University of the City of New York, where he remained a year; then entering Yale College he graduated in 1853. For four years he was engaged in teaching; and after that for two years (1857-1859), being acquainted with civil engineering, was occupied in surveying public lands in western Kansas. Returning to Massachusetts, Mr. Greene studied law in the office of his brother-in- law, Louis H. Boutell, Esq., and on being admitted to the bar, opened an office in North Brookfield (i860). The family of Rev. David Greene furnished, as we shall see, not only three lawyers, but also three army officers in the War of the Rebellion. This son, Jeremiah Evarts, aided (1861) in forming a military company, in which he was commissioned as first lieutenant, and of which he became captain. At the battle of Ball's Bluff (October 21, 1 861) he was taken prisoner, and was in confinement at Richmond for four months. Being released on parole, and failing to obtain an exchange, he resigned his com- mission and was discharged (1862). Resuming practice in North Brookfield for several years, Mr. Greene then removed to Worcester (1868) and became editor of the Worcester Daily Spy, and continued in that position twenty-three years. It will give some idea of the exacting demands of such editorship to state that 314 ELIOT MEMORIAL. Mr. Greene's writing for the paper, if bound up separately, would probably amount to fifty solid octavo volumes. In the meantime he also furnished able papers for the Ameri- can Antiquarian Society, of which he is a member. One of those, which were also published in separate pamphlet form, is an interesting sketch of his early Alma Mater, entitled The Roxbury Latin School, Boston, Massachusetts : An Outline of its History, read at the semi-annual meet- ing of the American Antiquarian Society, April 27, 1887. In 1 89 1 Mr. Greene was appointed postmaster of Wor- cester, and on the accession of President McKinley was reappointed to the same office. 9. HON. ROGER SHERMAN GREENE. Another son of Rev. David Greene hails from Rox- bury as his native place, having been born there Decem- ber 14, 1840. The family afterwards removed to West- borough, and when their dwelling-house there was destroyed by fire, they removed to Windsor, Vermont. Roger entered the Sophomore Class at Dartmouth Col- lege, with which he graduated 1859. After some experi- ence in teaching, he began the study of law with Governor Coolidge, then a lawyer in Windsor. Thence he went to New York; and after pursuing study for three years in the office of Evarts, Southmayd & Choate, was admitted to the bar. The Governor of Missouri having given him a com- mission as second lieutenant in the company of which LAWYERS. 315 his brother David was captain, he joined the regiment then at Ironton, October 20, 1862. From that time on he served in the western forces of the United States till the close of the war. At the general assault on Vicks- burg he received a severe gunshot wound. In August, 1863, the president appointed him captain of a company of Colored Infantry, and with that body of troops he served till his discharge. For several months he was on staff duty with the general commanding the troops of which his regiment formed a part, and for several months was judge advocate of the District of Vicksburg, and later of the western division of Louisiana. He par- ticipated in the movements of General Canby in his expedition to Mobile. Owing to severe sickness he had to be taken North, and in 1865 received an honorable discharge. The next year, having recovered health, Mr. Greene commenced a five years' practice of law in Chi- cago. President Grant appointed him associate justice of the Supreme Court of the Territory of Washington, which position he held for nine years. After being twice re- appointed to that office he became chief justice of the same court, and continued in the same position till 1887. Since then he has been in legal business at Seattle, never, however, practicing in criminal courts. Mr. Greene was the prohibition candidate for Congress shortly before Washington Territory became a state, and prohibition candidate for governor in 1893. Judge Greene recalls passages of Scripture and the Westminster Catechism 3l6 ELIOT MEMORIAL. which he committed to memory in early boyhood while a member of the Eliot Church Sunday School. He is greatly respected in the Northwest as a Christian man and an honorable citizen. lO. WILLIAM PHILLIPS WALLEY. Second son of Hon. Samuel Hurd Walley, and grand- son of Miriam, a daughter of Hon. William Phillips of Boston. This accounts for the baptismal name. On the paternal side he was descended from Rev. Thomas Wal- ley, who came to New England in 1663, and declining a call to Boston, settled at Barnstable. His son John commanded the land forces in the expedition against Canada (1690) ; was for ten years a judge of the Superior Court of the Massachusetts Province ; was a member of the Old South Church, Boston ; and his daughter mar- ried Rev. Dr. Sewall, pastor of that church for fifty-six years. A granddaughter of Judge Walley married Hon. John Phillips, the first mayor of Boston. Mr. W. P. Wal- ley was born in Roxbury, April 11, 1843; graduated from Harvard College, and received his degree of Bachelor of Laws from the Harvard Law School, 1856. He died suddenly in Boston, November 26, 1891. II. GEN. HENRY WILLIAM FULLER. Was born at Hooksett, New Hampshire, June 30, 1838. Pembroke Academy, Merrimac Normal Institute, and Thetford Academy, gave him training previous to LAWYERS. 3^7 entering Dartmouth College, where he was matriculated at the age of sixteen, graduating in 1857. The degree of LL.B. was received from the Harvard Law School in 1859. He began professional practice in Concord, New Hamp- shire. At the first call for volunteers (1861), Mr. Fuller enlisted as a private, but rose to the colonelcy of the 33d United States Infantry, and for meritorious services was brevetted brigadier-general. At the close of the war he commenced the practice of law in the office of his brother-in-law, Hon. William Gaston. For four years he was a member of the Massachusetts House of Representa- tives ; for three years was in the Senate ; and succeeded Mr. Wheelock as judge of the Roxbury Municipal Court. Pneumonia proved fatal to him April 7, 1885. 12. JOHN WENTWORTH PORTER. He was the son of Rev. William Henry Porter, and grandson of Rev. Huntington Porter. On the mother's side he was the grandson of Hon. John Wentworth — a lawyer well known as a member of the Colonial Con- gress— and Lydia Cogswell, one of nineteen children who were all baptized in the Congregational Church at Haver- hill, Massachusetts. John was an unusually conscientious boy. His older brother said of him, that he was always turning himself inside out to see if he could find any sin in himself. Quarrel or fight with other boys he would not, however much tormented by them. He continued under home instruction till eleven years of age, when he 3l8 ELIOT MEMORIAL. began school life at the Comin's Grammar School, and the first day rose from the foot to the head of the class. After a few weeks the principal advised that he be re- moved to the Latin School. After a year spent there his eyesight and general health were permanently injured by disease. He had a special fondness for committing to memory sacred hymns and portions of Scripture. In reply to the question, " Why do you spend so much time in reciting chapters from the Bible, when your sight is so weak ? " he said, " I expect to be blind some day, and am storing my mind with what I love best." At eleven years of age he joined this church, and the evidence of his being more than a Christian in name only was clear. He could not recall the time when he did not love to pray, and love the people and the Word of God. The Sabbath and the Sabbath School were a delight. Impaired health led to removal (1871) to Rochester, Minnesota, where a hemorrhage of the lungs occurred. Notwithstanding this, he took up the study of law by himself, and afterwards entered a law office in Chicago. But another hemorrhage soon compelled his return to Minnesota, where he was later admitted to the bar. The business, however, consisting chiefly of divorce and liquor cases, had no attractions for him. The pastor at Roch- ester, Rev. Dr. Fuller, now president of Central Turkey College, thought highly of Mr. Porter. After fifteen years at the West, he and his widowed mother returned to LAWYERS. 319 Boston (1885) and rejoined the Eliot Church. He was also received to the Suffolk Bar and began business in this part of the city, but fatal sickness cut short his days, August 29, 1887. After his mother had kneeled for prayer at his bedside he asked her to kiss him, and then in perfect peace fell asleep in Jesus. CHAPTER XXI. PHYSICIANS. Sickness knows no favorites ; pays no compliments ; seldom long compassionates childhood ; and less often respects old age. But there are divine designs in all this — admonitions to parents and friends, concerning human frailty, the value of health, the need of wise pre- caution, and that at the longest there can be only a brief residence here. Recovery is only a postponement of mor- tality, and is not sanctified sickness to be preferred to unsanctified health ? Next to good health we would give thanks for a good physician. But while confiding in him we would beware of unauthorized expectations. As a general thing he is oftener distrusted than the pastor ; and if he were as needlessly sensitive as many a minister is, he would probably give up his profession, or at least leave the precinct. The indefeasible Anglo-Saxon right of grumbling seldom has scant scope on these two men. In reading medical biography it is very gratifying to iind that many eminent physicians, like Boerhaave, Syden- ham and John Mason Good, were of decidedly religious character. The medical men of our congregation, though not of great eminence, have been Christian men. The names here follow, and in chronological order, whether PHYSICIANS. 321 they were at the time practitioners in Roxbury prior to 1 87 1, or began practice elsewhere between 1834 and 187 1 ; both those who were resident practitioners, and those who, earher or later, devoted themselves to the heal- ing art. At the time our church was organized, Dr. Prentiss had pretty much retired from practice. Dr. Alcott, during his connection with us, hardly became known as a physician. Roxbury and Boston were at the period referred to well supplied ; though the list of names with M. D. attached was very meager compared with that which numbers over a thousand and five hundred at the present date. I. DANIEL FRANCIS GULLIVER, M.D. Occasionally an entire household were enrolled in our membership, " All in the ark." One such family was that of Mr. John Gulliver, a man conspicuous for Chris- tian activity, and who attained the age of eighty-seven years — Mrs. Sarah P. Gulliver, a woman of rare excel- lence of character, who died in 1865 ; the late Professor John P. Gulliver, d.d. ; Miss Sarah P. Gulliver, afterwards the wife of the Rev. Dr. Lewellyn Pratt ; and Daniel Francis Gulliver, m.d. Dr. D. F. Gulliver heads the list of our young men who entered the medical profession, and was born in Bos- ton, May 29, 1826. In the Boston Latin School and Andover Phillips Academy he pursued preparatory studies, and graduated from Yale College in the class of 1848. 322 ELIOT MEMORIAL. The family having removed to Philadelphia, he attended lectures in the Jefferson Medical College. Not long after beginning practice at Norwich, Con- necticut, Dr. Gulliver had a severe attack of rheumatism, followed by a heart trouble which endangered life, and from which at length he died suddenly in his carriage, May 24, 1895. The condition of his health interrupted professional practice, but not Christian activity. His presence in church meetings, and his conduct of a Bible Class were highly valued. Later he joined the Broadway Church, Norwich, of which his brother, the late Dr. John P. Gulliver, was pastor, and whose successor at the present time is a brother-in-law. Dr. Lewellyn Pratt. Dr. Daniel Gulliver became a member of the Eliot Church in 1841, being then fourteen years of age. He was characterized by delicacy of constitution, by sensitive- ness and refinement. A sunny disposition made him a very agreeable companion, and a decided Christian char- acter gave him power. 2. ALFRED C. GARRATT, M.D. Born in Brook Haven, Long Island, October 3, 181 3, and a few months afterwards was rescued by his grand- mother from the British, in one of their coast raids. She carried him in her arms to a place of safety. After grad- uating at Union College he studied medicine with Dr. David Nelson, author of Cause and Cure of Infidelity. which work Dr. Garratt edited and carried through the PHYSICIANS. 323 press. He was in the City Hospital of New York dur- ing the entire period of the cholera scourge in 1831. Having had experience in general practice for a dozen years, Dr. Garratt went to Germany for further profes- sional study, and devoted himself especially to what was then a new department. Therapeutic Electricity as applied to nervous diseases. In England he was for a fortnight the guest of the Duke of Devonshire, and was invited by the physician of Queen Victoria to attend a consul- tation upon the case of her Majesty. After the war of Rebellion he treated successfully many army officers and others, who suffered from the strain of that period. Gen- eral Burnside, Charles and George Sumner, and Henry W. Longfellow were among them. He was the author of a work on Electrical Therapeutics, which went through several editions. Dr. Garratt was a man of very decided religious char- acter. On becoming seriously impressed at the threshold of manhood, his heart rose in vehement rebellion against the character and government of God ; but he submitted in penitent acknowledgment of sinfulness, and united (1834) with the First Congregational Church in New York City. He acted as reporter and secretary of Rev. Charles G. Finney during his earlier labors in the Chatham Street Chapel. Dr. Garratt's connection with us began in 1856, but the next year, with two others of the family, he took part in the colonial movement to Vine Street. Later he became a member and an officer of Park Street 324 ELIOT MEMORIAL. Church, Boston. Without being a member of any tem- perance society, he was an earnest advocate of strict temperance. Prayer with a patient was no unusual thing. To his children he would sometimes say, " I thank God for the faculty of faith." His last days were full of peace, and almost the last conscious act was singing " Whilst Thee I seek, protecting Power," to the familiar tune of Brattle Street. June 30, 1 89 1, he joined the General Assembly and Church of the first born. 3. HENRY BLATCHFORD WHEELWRIGHT, M.D. A descendant from Rev. John Wheelwright, well known in colonial days, was a son of Ebenezer Wheelwright, who was for some years a member of the Eliot Church. Dr. Wheelwright was born at Portsmouth, New Hamp- shire, May 22, 1824. Having prepared for college at the Boston Latin School, he entered Harvard with the class which graduated in 1844; but ill-health necessitated fre- quent and prolonged absences during the four years' course. His degree of A. M. was dated 1848. After service as master of the Roxbury Latin School, he en- tered the Medical School of Harvard University (1846), ill- health still following him. While a medical student and assistant to his instructor. Dr. B. E. Cotting of Roxbury, he had a large practice among the poor of the town, and in after years elsewhere continued to practice gratuitously PHYSICIANS. 325 among the same class. For a long time he had connec- tion with some of the State charitable organizations of Massachusetts, as Commissioner of Alien Passengers and Foreign Paupers ; General Agent of the Board of State Charities, and Superintendent of Out Door Poor. He is credited with an important work in securing valuable amendments of our poor-laws, and in performing much unrequited benevolent labor. Dr. Wheelright's residence was, at different times, in Taunton, Boston and Newbury- port. In the last named place he died of apoplexy, No- vember 2, 1892. 4. ARIEL IVERS CUMMINGS, M.D. Dr. Cummings was of the typical New England stock, and born at Ashburnham, Mass., June 11, 1823. Having a tendency to pulmonary disease he was obliged to cut short his course at Dartmouth College ; but after recover- ing health sufficiently he studied with a physician in New York City, and graduated at the medical department of New York University. Before coming to Boston he en- gaged in professional practice for three years at Acworth, New Hampshire. When the Civil War broke out, in 1 86 1, he offered his services and was sent to Yorktown, Virginia, for service in the hospital. Soon, however, he received appointment as surgeon in the 42d Massachu- setts Regiment, Isaac S. Burrill, Colonel. That regiment joined General Banks' expedition to Texas. While landing at Gloucester, Texas, they were taken prisoners 326 ELIOT MEMORIAL. by the Confederates, January i, 1863. ^^- Cummings was placed in the rebel hospital, where surgical service was much needed. But he was seized with typhoid dysentery, and after a few weeks of suffering, received his discharge not only from the army, but from all earthly and philanthropic service. Dr. Cummings was a Christian man and a beloved physician. 5. HENRY S. STEELE, M.D. Dr. Steele, a native of Hartford, Connecticut, was not long a member of the congregation. It was evident from the first of his coming among us that a fatal disease was upon him; but as natural life drew to a close, spiritual life seemed evidently to be imparted. Confinement to his room made it impracticable for Dr. Steele to appear per- sonally in the usual way for a public profession of faith, and the church, by a special vote, suspended its rules, and (March 13, 1857) received him and his wife to its fellowship. The following written communication and an oral statement by the pastor were the basis of that action : " Within the last few weeks, it has pleased God in his mercy to give me, I trust, a convincing view of my sinfulness and lost estate by nature and by practice, and he has, as I hope, given me by his Spirit a saving view of Jesus Christ, the only and all-sufficient Redeemer, on ■whose atonement alone do I now rely for pardon and life everlasting. Toward him, his word, his people, and his kingdom, I have such feel- ings as encourage me to regard myself as spiritually a new man in him, and to profess myself a disciple of his. It is my desire to leave on PHYSICIANS. 327 record a testimony to his wonderful grace and loving-kindness toward me who till so recently had remained an impenitent sinner. I desire also, if it be consistent, to have my name enrolled among his avowed followers and friends ; and should be happy, so far as in me lies, to honor him by such public confession of faith as circumstances will permit ; and that, during the few remaining hours, or at most the few days that I may remain on earth, I may enjoy the prayers and privi- leges of the visible church. " To the Articles of Faith and the Covenant of the Eliot Church I hereby signify my full assent. My prayer is that God may abun- dantly bless the brethren and sisters in Christ, from whom I am soon to be separated by death ; and that, before the eleventh hour every im- penitent sinner may come to Jesus, now while it is an accepted time and a day of salvation." Dr. Steele had pursued literary and scientific studies with credit to himself ; he had taken counsel of others versed in the healing art ; had repeatedly tried the air of more genial climates, but came back a bafHed consump- tive to die in early manhood. It was not till then that he consulted the Great Physician, and in regard to the worst of all maladies. It was amidst symbolic breaking of bread and shedding of blood, that he seemed to hear the crucified Saviour say, " Today shalt thou be with me in Paradise." 6. STEPHEN WALLACE BOWLES, M.D. Was born at Machias, Maine, December 21, 1835, the oldest son ot Stephen J. Bowles, who, having removed with his family to this place, joined the Eliot Church in 328 ELIOT MEMORIAL. 1846. Stephen W. graduated from Williams College in the same class with Gen. James A. Garfield (1856). Three years later, having completed the course at the College of Physicians and Surgeons, New York City, he went to Europe for the purpose of studying with Dr. Trousseau and others in Paris. He served as surgeon in the late war, and also practiced his profession in Brattleboro, Vermont, and Yonkers, New York, before establishing himself in Springfield, Massachusetts (187 1). He was a prominent physician in that city, holding for some years a position on the staff of the hospital. Dr. Bowles was very much beloved and esteemed. His death occurred February 12, 1895, but interment took place in the family lot at Mount Auburn. 7. TIMOTHY R. NUTE, M.D. A son of Captain James Nute, and born in Mad- bury, New Hampshire, June 22, 18 19. He was a pupil at Gilmanton Academy ; taught school in Newmarket ; studied medicine with Dr. Isaac W. Lougee, in Alton, and at the Dartmouth Medical School. He established himself in practice at Roxbury, 1850, and early the next year joined the Eliot Church, bringing a letter from Newmarket, New Hampshire. Fourteen years later (1865) he removed to Chicago, where he died of angina pectoris, March 10, 1879. PHYSICIANS. 329 8. BENJAMIN MANN, M.D. Richard Mann of Mayflower memory settled on what still bears the name Mann Hill in Scituate. From him, in the sixth generation, came our Dr. Mann, who was born at Randolph, Massachusetts, March 31, 18 14. He graduated from Amherst College with the class of 1837, and began medical study under Dr. Ebenezer Alden in his native town, pursuing studies afterwards with Drs. Perry and Bowditch in Boston. He also attended lectures in the Harvard Medical School, from which his degree of M. D. was received in 1840. He began practice in Foxborough, where he re- ceived a call and settlement, in some sense as is the case with a pastor, prominent men in the town agreeing to make up a certain sum if his income came short. That, however, did not occur. In the course of twelve years practice extended to adjoining towns, and made too large demands upon his strength. Hence his removal to Rox- bury (1852), where he continued in professional occupation till his death in Brooklyn, New York, on a return trip from Florida. At the age of eighteen Dr. Mann became a communicant in the First Church of Randolph. In Foxborough he led the choir in Sunday services, and was much endeared to the people. On removing from the town an ovation was tendered him. In his connec- tion with the Eliot Church he was esteemed as a Chris- tian man, and for a wide circle of patients he was " The beloved physician." 33° ELIOT MEMORIAL 9. FRANCIS H. DAVENPORT, M.D. Dr. Davenport hails from Boston, Roxbury District, where he was born March 27, 185 1, a son of Mr. Henry Davenport, who was for some years Clerk of the Eliot Church. Our Latin School gave him preparation for college. Williams College gave his A. B. with the class of 1870, and the Harvard Medical School his degree of M. D. in 1874. Gynecology is his specialty. In that department he is achieving distinction, having been suc- cessively Assistant, Instructor, and now Assistant Pro- fessor in the Harvard Medical School. He has been Phy- sician to St. Luke's Hospital for convalescents, etc., and is at the present time Assistant Surgeon to the Free Hospital for Women. In 1889 he appeared as the author of a Manual on one class of diseases. Dr. Davenport is a son, as above stated, of the late Mr. Henry Davenport, who died January 24, 1898, at the residence of his son-in-law. Dr. Clement Cleveland in New York City. He attained the age of eighty-seven. Seven years before that he retired from business connec- tion with the Pacific Mills, of which company he had been an ofHcer for nearly forty years. Mr. Henry Daven- port was one of the original members of the Boston Genealogical Society, and Vice-President of the Numis- matic Society. 10. ROBERT BELL, M.D. Dr. Bell's birthplace was Alnwick, the well-known seat of the Dukes of Northumberland, " The Hotspur Percys." His grandfather, Robert Bell, going from Glas- PHYSICIANS. 331 gow, settled in Alnwick, was a devoted friend of the Free Church, and a successful manufacturer. Dr. Bell's early education was in our Roxbury schools, and he had from boyhood a strong desire to be a physician, a desire fos- tered partly by the fact that a cousin of his had become a prominent practitioner in Glasgow, the ancestral city. Dr. Bell, being the eldest child in a large family, assisted in the education of the younger members till they had graduated at the High School. He entered Phillips Academy, Andover, and graduated there in 1879. A full course at the Harvard Medical School was immedi- ately commenced, and the degree of M. D. secured in 1884. Out of a class of eighty he was one of the five successful candidates for appointment as Home Physician to the Boston Lying-in Hospital, and two full years of clinic experience was of great value. Then followed three years of practice at Roxbury. In 1887 he entered on practice in Medway. It was a large and a hard service. Dr. Bell had never been rugged ; the heaviest of domestic bereavements contributed to failure of health ; and a severe bronchial asthma necessitated an entire with- drawment from professional practice. CHAPTER XXII. ARTISTS. It was not due to our public school system, however excellent, that certain earlier members of the Eliot Church had their thoughts turned to art, and had their taste cultivated. In those days schoolrooms were as bare of decoration as if all the pupils were expected to be blind. It seems not to have occurred to committees and teachers that among the elements in every human being is a capacity for discerning the beautiful in form and color- ing; that any course of education is defective which fails to contemplate this source of refining culture, and which fails to provide for it early. While Boston and its en- virons took comparative lead in the introduction of sing- ing as a branch in our public schools, it was not till 1870 that any organized and effective movement was made in the direction now referred to. That was a pioneer move- ment, preceding by ten years the association for a similar purpose in London, of which Ruskin was president and Matthew Arnold one of the Vice Presidents. Many of our public school buildings have now been redeemed from former barrenness. Church architecture and domestic architecture, with their interior appointments, not to speak of other evidences of improved taste, already show a gratifying advance on the right line. ARTISTS. 333 I. SAMUEL LANCASTER GERRY. Mr. Gerry, like many others in the congregation, came of Puritan stock. Some of his ancestors were en- gaged in the colonial wars ; and his grandfather was in the Lexington engagement, 1755, as well as in later Rev- olutionary engagements. Mr. Gerry was born in Boston, March 10, 181 3. A taste for drawing was developed in boyhood, and his earlier art productions were miniatures on ivory. Then followed portraits in oil colors, exhibiting peculiar softness and delicacy of flesh tints. Notwithstand- ing success and pecuniary profit in that line, he turned to landscape painting. More than two-score summers were spent at the White Mountains, and his pencil per- formed much the same service for that region as did the pen of Rev. Starr King. A four years' study in Europe ( 1 850-1 854) brought him into acquaintance with various eminent artists, among whom were our Hiram Powers and Horatio Greenough. Other visits abroad were also made, one of two years (i 873-1 874), with a part of his family. Mr. Gerry was one of the founders of the Boston Art Club, and was repeatedly chosen its President. He lec- tured on art in Boston and at Wheaton Academy, as well as elsewhere. Articles from his pen were often con- tributed to leading journals or magazines. Mr. Gerry did not have the benefit of a religious training in early life, and up to about thirty years of age entertained erroneous and skeptical views. But a careful reading of the Bible dispelled those notions, and 334 ELIOT MEMORIAL. he was led into the light as a penitent and humble be- liever in Jesus Christ, the sole Saviour from sin. He was a more than usually devout and conscientious as well as cultured man. He discountenanced theater-going, and would not have his children learn to dance. Having removed his relation to the Walnut Avenue Church he furnished a hymn for the dedication of their place of worship, which is above the average of such contributions. One specimen will show how happy his remarks often were at devotional meetings: " In the autumn we miss some of the fair colors of the new foliage of the earlier seasons, but if the hues are more somber, the vistas open, and we can see further, for the blasts that strew the earth with fallen leaves clear away the obstructions to our field of vision, and the dis- tant scenes become unveiled. So it is in the autumn of life." Mr. Gerry's death was a peaceful one, and took place April 26, 1891. 2. MRS. VICTORIA ADELAIDE ROOT. Mrs. Root was one of Mr. S. L. Gerry's pupils. A shaded romance attaches to her early life. The parents came from England ; and the title for a tract of land which the father purchased in Illinois proved to be value- less. The mother, a delicate London-born woman, died; and soon after the father was killed in a steamboat ex- plosion on the Mississippi River, leaving two little orphan daughters. They were adopted by Mr. and Mrs. Artemas ARTISTS. 335 Ward, who died of cholera in 1849. Their only daughter, Miss Patience P. Ward, being thus, like the two sisters by adoption, also now an orphan, kindly took the place of mother to them. She afterwards purchased a house in Roxbury, near that of the late Dr. Rufus Anderson, and with the older of the two daughters joined the Eliot Church (1864). Mrs. Root attended school in New York and else- where ; and before coming to Roxbury had taken lessons in art. She began painting and sold her pictures. In 187 1 she went to Europe and studied a year in Florence. After that she entered Julien's atelier in Paris, and was favored with the criticisms of professors of Beaux Arts, at the same time working from cast and from life, as well as copying in the Louvre and Luxembourg. A copy by her of Teniers was bought by a sister of the late John Bright, M. P. Before going to Europe Mrs. Root had had classes in painting; and removing to Chicago had two large popular classes most of the time for five years. She took up china decorating with success, and sold over six hundred pieces. She wrote on art for the Chicago Times and other papers. But the eyes gave out; and being obliged to suspend for the most part both painting and writing, has removed, on account of health, to Florida. 3. MISS EMILY PERCY MANN. The elder daughter of Dr. Benjamin Mann made public profession of faith in 1857. A taste and stimulus 336 ELIOT MEMORIAL. for art came from the mother, who was familiar with palette and brush. Miss Mann's first systematic study of art began in the Normal Art School of Boston, where she took examinations in perspective and geometry, and in all free-hand studies. Water-color study was pursued under Mr. Ross Turner, in whose summer sketching class she was for four years an assistant. Later came engagement with a class of professional artists under Mr. Arthur W. Dow. Miss Mann had, for many years, summer out-of-door classes in Kennebunkport and Portland, teaching also, during the winter, in her studio, as well as in Boston private schools. Her most marked success was in decora- tive work from chrysanthemums, Japanese paper and a treatment somewhat after Japanese style being employed. Work in water-color landscape and flowers might be seen at the exhibitions in Boston, Chicago, Philadelphia and New York, as well as elsewhere. It was a gratifying tes- timonial to her skill that at the Water-Color Exhibition in the city last named, three years ago, a picture of hers was the first one sold, the purchaser being a member of the jury. Miss Mann died at Framingham, October 18, 1899. 4. MR. FRANK THAYER MERRILL. The earliest New England ancestor on the father's side was Nathaniel Merrill, who came to this country shortly after 1630, and was of French Huguenot origin. Merle beino; the oriq;inal form of the name. The mother ARTISTS. 337 of Mr. Frank Merrill's father was of German extraction, and her father was an officer in the Continental army under Washington at Valley Forge. Mr. Merrill's own mother, Sarah Alden, a descendant in the seventh gen- eration from John Alden of the " Mayflower," was a member of Mr. S. H. Walley's Bible Class in the Eliot Sunday School. She had an unusual love for art, and a decided ability in that line, and this is one of innumerable cases in which the mother reappears in the son. Mr. Merrill's art studies began in the Drawing School of the Lowell Institute, and were continued in the school connected with the Boston Museum of Fine Arts. His productions — and they are a marked success — have been confined, for the most part, to the illustra- tion of books and magazines, with occasional work in water-colors. A tour of five months in Europe was of much value as a source of instruction and inspiration. Mr. Merrill joined the Eliot Church in 1866. In the Walnut Avenue Church he has held the office of Deacon, Superintendent of the Sabbath School, as well as other positions. CHAPTER XXIII. DEAF-MUTES. Of this class there have been several members. Very few of the congregation are conversant with the sign- language ; and as communication by writing is slow, per- sonal acquaintance has not been general nor intimate. But the individuals now referred to have uniformly attended church on sacramental occasions; have been much respected, and a deeper interest in them has been felt than could be easily expressed. No class in the community who labor under natural infirmities awaken prompter sympathy. The number of such in the whole country is supposed to be not far from fifty thousand, and the increase is larger propor- tionately than that of the entire population. In the United States there are sixty-three public and sixteen private or denominational schools for this class, which have a total average attendance of about ten thousand pupils. The oldest of these institutions, founded in 1817, is the one at Hartford, Connecticut. Most of the public schools are maintained, free of charge, at State expense. A considerable number of the deaf become members of different churches, the larger number being Episco- palians, as the liturgical form of worship is better suited DEAF-MUTES. 339 to their condition. There is one Roman Catholic mission in behalf of mutes who adhere to that faith. In our economic world this class are generally doing well, being, in the main, industrious and self-supporting, as farmers, mechanics, and the like. There have been instances of success in different branches of art, and a few cases of success in the professions — ministry, law, architecture, and engineering. Gallaudet College, Wash- ington, District of Columbia, has an enviable place as the only institution of the same grade, for this class, in the world. It is supported by our national government, and receives students from every part of the country. One of the well-known and justly distinguished mutes was John Carlin, a miniature painter, whose work ranked among the best. Another was Rev. Henry W. Syle, a student of Cambridge, England, who took his degree of A. B. from Yale by passing, at one time, a full examina- tion in writing on all the studies of the four-years' course. He held a responsible position in the United States mint at Philadelphia; and became rector of the All Souls' Church for the deaf in that city. Mr. H. Humphrey Moore, a native of Philadelphia, has for many years been one of the leading artists in Paris. Mr. Douglas Tilden, of San Francisco, studied sculpture in the city last named, and since his return has produced more than one credit- able work. The names of Laura Bridgman and the wonderful Helen Keller, suffering from blindness in addition to deafness, are widely known. 34© ELIOT MEMORIAL. During the period under review deaf-mutes to the number of six were welcomed to our fellowship, and not- withstanding their silence, have been valued members. So far as is known they " Walked worthy of the vocation wherewith they were called," and a very tender interest was felt in them. The silent pastoral visits at their homes are remembered as among the most noteworthy of former years. I. JONATHAN p. MARSH. The oldest son of Rev. Frederick Marsh. His father was, for over two-score years (1809-185 1), a highly valued pastor of the church in Winchester, Connecticut, and was an occasional visitor at my father's house. Among his ancestors was the man who hid the Colonial Charter in an oak tree, when Andros was in Hartford. This son Jonathan was born in Winchester, April 26, 18 14. Owing to a severe sickness before two years of age, he lost the sense of hearing. Miss Z. P. Grant, afterwards a dis- tinguished educator associated with the Rev. Joseph Emer- son, taught him drawing and writing. From thirteen onward he was, for six years, at the well known school in Hartford, of which Rev. Thomas H. Gallaudet was founder and then the principal. He afterwards wrought at his trade as cabinetmaker and piano-maker in that city ; also in New York City, Boston, and elsewhere. In the course of a revival in his father's church he became greatly distressed about his spiritual state, and many times DEAF-MUTES. 341 inquired, "How shall I repent of my sins?" Pardon and peace came at length through the discovery of Christ's atoning merits, and in 1838 he joined the Brick Church, New York, Dr. Gardiner Spring, pastor. Some distress- ing spiritual struggles were afterwards experienced ; but turning the eye of faith to Christ as Saviour, he then tes- tified, " How beautiful is the holiness and glory of God." " Abba, Father " was his heart's cry ; and giving himself up to God in Christ cheerfully for life, he had foretastes of heaven. Mr. and Mrs. Marsh became members of the Eliot Church in 185 1. On coming to Boston he started a Bible Class of Deaf-Mutes, as there was at that time no other provision for their public instruction and worship. The vestry of Park Street Church, and then one of the rooms in the Mount Vernon Church were placed at their service. The class increased in number till there was an average attendance of over thirty. There came a season (1857-58) of special religious interest, when seven indi- viduals expressed the hope of a saving change. In 1862 the " Boston Deaf-Mute Christians' Association " was or- ganized ; and during all those years Mr. Marsh was much respected as a consistent and useful Christian man. After residence here and labors of about thirty years, Mr. Marsh removed to Connecticut, and later to Illinois ; but health having failed, the family were welcomed again (1897) ^^ their former church home with us. His two daughters married mutes, and the children of one follow their parents 342 ELIOT MEMORIAL. as regards their infirmity, while the children in the other family have the sense of hearing. At eighty-four years of age, and after sixty years of unblemished church membership, Mr. Marsh fell asleep in Jesus (March 2, 1898) to awake where the tongue of the dumb shall sing. 2. MRS. PAULINE P. MARSH. A native of Douglass, Massachusetts (181 7), and edu- cated in Hartford at the same time as Mr. Marsh. After graduation and before marriage she had a private pupil in Rhinebeck, New York, and then one in New Bedford, Massachusetts, who labored under the same infirmity as herself. Marriage having taken place in 1840, the fifty- fifth anniversary came January 24, 1895, ^^^ was duly observed by friends. Some of those who were not able to be personally present wrote congratulatory letters, with expressions of warm friendship and deep respect. One fellow pupil at Hartford wrote : " You did a great deal of good at the Asylum by giving religious lectures to the pupils at different times, as well as by undoubted Christian character." Rev. Thomas Gallaudet, from New York, said: " I have watched your course during your long lives and have always esteemed you most highly for your con- sistent Christian character. You have set good and wholesome examples. You have exerted elevating and purifying influences from affectionate and cheerful hearts. DEAF-MUTES. 343 You have made the rehgion of our Lord and Saviour Jesus Christ a living reality. My dear father and mother always loved you and often spoke of their regard for you. I remember you in my early life when you were pupils at the American Asylum in Hartford, and your pleasant, bright faces were imprinted on my memory in such a way that they are fresh and clearly defined today. I re- member my visits to you in Boston ; I have met you at conventions and other gatherings of deaf-mutes, and have always admired your gracious manners and intelligent expressions of thoughts and feelings. The good seeds which you have sown so faithfully and perseveringly have yielded abundant fruit." Mrs. Marsh was greatly affected by the death of her husband, and only three months after- wards followed him to the home on high. 3. MRS. PAULINE MARSH BOWES. The children of Mr. and Mrs. Marsh all labored un- der the same infirmity as their parents. Their only son, J. Frederick, died in boyhood, aged fifteen years. Cath- arine B., the older of two daughters, spent nine years at the Hartford School, and in 1867 married Mr. Adam Acheson. There is something noticeably impressive and even pathetic in pastoral calls on such families at which not a word is spoken ; and so, too, at funeral services. The second daughter, Pauline M., married Mr. Bowes, and is now a grandmother living in Chicago. She was born May 21, 1845, ^'^^ spent eight years in the in- 344 ELIOT MEMORIAL. stitution at Hartford where her parents were educated. Examination for membership in the Eliot Church was conducted in writing, November, 1866. She had then entertained the Christian hope for six months. She had previously tried, at different times, to be a Christian and to do what the Bible requires, but soon forgot all. At length came conviction of sin, and the felt need of a Saviour. Among her written statements are these : " Felt that I was a lost sinner ; prayed to Jesus Christ as never before ; prayed many times a day ; felt no interest in worldly things. By and by relief came to my burdened soul ; love to Jesus sprang up ; thought of him all day long. O, I love him indeed ! " 4. MR. WILLIAM LYNDE. Was born at Saybrook, Connecticut, October 11, 1823. His earliest known ancestor was Enoch Lynde, a London merchant, who died 1636. Simon, a grandson of the latter, came to Boston in 1650, and became Assistant Justice of the Court of Pleas and Sessions; dying, 1680, his remains were committed to a tomb in the Granary Burying Ground. One of his grandsons, Joseph, married Ann Lord of Say- brook, Connecticut. Their son William graduated from Yale College, 1760, and married Rebecca, daughter of Rev. William Hart, of Saybrook. William, a grandson of Mr. and Mrs. Hart, was the friend now in mind. When six months old, scarlet fever deprived him of hearing. Entering the Hartford Asylum for Deaf-Mutes DEAF-MUTES. 345 at ten years of age, he spent five and a half years there, and graduated with honor. For thirty-six years he was employed by Chickering & Sons in their piano manu- factory; also thirteen years by Hallet & Davis. At one time when that business was dull, Mr. Lynde had em- ployment at the Watertown Arsenal, walking six miles from Roxbury each way for eighteen months, and was obliged to be at work by seven o'clock in the morning. That was just at the beginning of our Civil War; and on account of pressure of business, he was required to appear for work on Sundays, or be discharged. He re- fused to work on the Lord's Day. After two Sundays he was allowed to return, his religious scruples being respected. The sketch of Mr. J. R. Marsh makes mention of religious interest in his Bible Class (1857-58). Owing to influences in that class, to Mr. Marsh's private labor, and to religious reading, Mr. Lynde, who had been mostly indifferent before, became very thoughtful, indeed, very anxious regarding his spiritual condition. His conviction of sin was unusually deep. He could speak only of "mountains of sin." When received to the Eliot Church (1861) he stated in writing: " While kneeling before God and praying for needed grace, Jesus Christ was manifested to my inner soul. I looked unto Him the Crucified, and the black mountain of my sin disappeared and I felt the love of God with peace. Feel now that He is ever near me ; that He is 346 ELIOT MEMORIAL. ever merciful and full of grace. Feel myself helpless, and must depend on Him. My special desire is that He may increase my poor faith. The fourteenth chapter of John is my favorite comfort. I rejoice to be present at sac- ramental services; no matter as to my depravity or deaf- ness, our Jesus is ever with us." It is gratifying that he should be able to say, " I do not feel sad at being deprived of the sense of hearing, but grateful for saving grace through our Lord Jesus Christ." While living at West Roxbury, for two years he walked to Boston on Sundays to conduct a meeting for the mutes, as he had scruples about patronizing pub- lic conveyances on that day. He was a constant student of the Bible, and there were very few passages to which he could not turn at once without the aid of a con- cordance. Mr. Lynde's last sickness of seven weeks was one of suffering, but one of patient endurance. It was in the midst of repose, bodily and mental, that he fell asleep in Jesus, January 14, 1899. 5. MRS. CAROLINE F. LYNDE. Of the four Christian sisters belonging to this class two joined the church on public confession of their faith, and one of these was the wife of our brother, Mr. William Lynde. She had been a favorite pupil at the Hartford Deaf and Dumb Asylum, and was well educated. Her style seldom betrayed, as is often the case, the infirmity under which she labored. She was a woman of much DEAF-MUTES. 347 refinement and of very pleasing features. A severe sick- ness was blessed to her spiritual good. In applying for admission to the church she presented a satisfactory written statement, to the effect that she became so deeply sensible of her guilty impenitence as to see the justice of God in everlasting punishment ; that prostrating her- self before the Lord Jesus she cried in spirit, " Here I am, do with me as thou wilt. I beg for mercy. I soon overflowed with joy and happiness. I felt that the Saviour was near, and my eyes were opened to see my need of Him; and how precious did He become to me! He is my daily delight and meditation. I do wish every one in the world to know what a precious Saviour He is." Her membership dates from June, 1854. After a few years, pulmonary consumption came. In one of my visits during that sickness I placed before her eye this verse from the Bible, " My flesh and my heart faileth, but God is the strength of my heart, and my portion forever." With a feeble hand she wrote under- neath, " Very beautiful ; I, too, found it true." The last inquiry of her devoted husband, in the language of signs was, " Do you know me ? " With emaciated fingers she replied, "I know Jesus;" and her eyes closing, her tongue was unloosed in another world, June 25, 1862. 6. MRS. MARY COFFIN LYNDE. Alton, New Hampshire, was the place, and June 6, 1827, the date of her birth. One of her sisters married Prof. Benjamin Stanton of Union College, and another 348 ELIOT MEMORIAL. sister married Rev. William W. Griffis. Mrs. Lynde had the advantage of education at the school in Hartford, Connecticut, and became the second wife of Mr. Wil- liam Lynde. While yet a minor Mrs. Lynde joined the Freewill Baptist Church, of which her father was Elder, but after- wards became convinced that she had made a mistake, and was not, at the time, a truly converted person. Later her condition as a sinner, her utter need of a Saviour, the atoning merits of Jesus Christ, and the offer of free forgiveness for his sake, were apprehended as never before, and in 1864 the Eliot Church received her on confession of faith. She became much devoted to kind, neighborly acts, to attendance upon the Bible Class, and to various religious duties. The prayerful study of God's word was her constant habit. The last sickness was one of great suffering, but of no complaining. April 6, 1891, brought release and translation, as we believe, into the world whence all infirmities are banished, and where it is always springtime. CHAPTER XXIV. NOTEWORTHY LAYMEN. Those in some of the aforenamed classes were obvi- ously persons of note. The ofifices which they held would have made them prominent if personal qualities did not. But there were so many others — some of them not less conspicuous — that a complete enumeration and portraiture would be inconsistent with prescribed limits. The lack of materials easily accessible has had much influence in making a selection of those to whom sketches are de- voted. Comparative importance of names has not been of decisive consideration. Such men as Laban S. Beecher, Moses Day, John A. McGaw, Joseph Ballister, John J. Soren, Otis Packard, Asher Adams, John Gulliver, Robert H. Thayer, Stephen J. Bowles, E. Hubbard Severance, Ebenezer Wheelwright, Henry Davenport, J. O. L. Hillard, Charles F. Bray, Benajah Cross, Samuel W. Hall, Charles Hulbert, Thomas Chamberlain, Nathan Brown, William Brock, Benjamin C. Tinkham, are among those who might well have been included. I. DR. NATHANIEL SHEPHERD PRENTISS. Was born in Cambridge, August 7, 1766, ten years before the Declaration of Independence. His father was one of the seventeen who threw the obnoxious tea into 35© ELIOT MEMORIAL. Boston Harbor, the evidence of which, as Dr. Prentiss remembered, was the next morning apparent on the old gentleman's boots. The judicious mother did not then gratify the lad's curiosity by telling him that what he had found was tea-leaves. He saw the British soldiers on their march to Lexington and Concord, and saw one of them on their return shot down by a neighbor of the family. His mother took him to the cellar to avoid shots poured into the house by the retreating foreign troops. The class in Harvard College with which Dr. Pren- tiss graduated was that of 1787 — a class larger, with two exceptions, than any which graduated at that venerable institution till 1797 — a class, no member of which, he once informed me, came under censure. Judge Putnam, Judge Cranch of Washington, D. C, and John Quincy Adams were his classmates. The last named was born in 1767, and his decease occurred six years before that of Dr. Prentiss. " The Old Man Eloquent " declared — " This is the last of earth, I am content," and was gath- ered to his fathers. Dr. Prentiss commenced the practice of medicine in Marlborough, and his professional life extended through more than half a century; but in 1801 he removed to Roxbury and took charge of the Latin School. That school having been founded in 1645, he was the seven hundred and sixty-second teacher. He continued in charge with acceptance for eight years, and then con- ducted a private school for several years. The visit paid NOTEWORTHY LAYMEN. 351 him late in life by many of his surviving pupils, and the elegant testimonial of their respect presented on the occa- sion, were alike honorable to them and to him. One of the pupils whom he trained and assisted, and to whom he became strongly attached, was Samuel Newell, then an orphan boy, whom Judge Lowell, grandfather of the late James Russell Lowell, befriended. Newell was the first graduate of Harvard whom the American Board sent out as a missionary. Before embarking for India (1812), he came to take leave of his beloved preceptor, and owing to a misstep, he left a footprint on the freshly- painted floor, which the Doctor would never allow to be obliterated, though, prior to removing from that house, he had the paint renewed more than once. Dr. Prentiss' services to the town of Roxbury ex- tended through a long period. Various offices were en- trusted to him, such as that of representative to the Gen- eral Court for a series of years, and that of Town Clerk for about thirty years. Having reached four-score when the municipal form of government was adopted, he retired from further public service. In all the positions held by him he was pronounced highly urbane and oblig- ing towards associates ; and in his transactions eminently accurate, prompt and faithful. In religious views and character Dr. Prentiss was a Calvinist, holding with earnestness to the Abrahamic cov- enant and to Orthodox Congregational usages, yet with sympathies broad and warm toward all evangelical 352 ELIOT MEMORIAL. Christians. In the estabhshment of the first Baptist Church in Roxbury, which antedated the Eliot Church, he was deeply interested, contributing efficient influence and pecuniary aid, and to the last continuing to rejoice in its growth. His name stands first on the list of those organized into the Eliot Church, over whose inception and growth he watched, and prayed, and wept in exulting gratitude to the King of Zion. Never did I feel more surprised than when, early in my ministry, he, a white-headed patriarch, used to speak of being comforted and edified by my ministra- tions. In his presence I always felt like a tyro who was enjoying the special privilege of instruction from a wise master. In one instance, during a protracted and severe sickness — from which there was for some time no hope of recovery — as I was sitting by his bedside after con- valescence had commenced, he said, " If it should please God to spare me, and raise me up, and permit me to go to his house, I would give more to hear a good gospel sermon than for ten thousand worlds." His later years were years of singular serenity, soothed and cheered by the ministrations of devoted daughters. Seldom has any one of equal age retained such freshness of bodily senses and faculties of the mind. The vita vere vitalis was in full vigor. Faith, hope and charity were stronger than ever. His vital union to Him who is the Vine became a point of triumphant assur- ance. His last whispered words, as an affectionate sister NOTEWORTHY LAYMEN. 353 wiped the tear from his eye, were, pointing upward — " No tears there ! " and his last conscious act, after the power of speech had ceased, was to lay one finger across another in token of the cross of Christ, in which he gloried to the last. Dear old man ! Never did a more earnest listener sit in the sanctuary. That hoary head borne erect in commanding dignity, that noble counte- nance which shone as it had been the face of an angel, are still as distinct in memory as they were half a century ago. 2. JOHN HEATH. The name Heath has been a prominent one in Rox- bury from the earliest times. Isaac Heath came by the " Hopewell " in 1635, took the freeman's oath the next year, and one year later was elected a representative of the town in the legislature. About the same time he was chosen a Ruling Elder of the church, which indicated that he was regarded as a man of decidedly Christian character, as well as of superior prudence and wisdom. That office, in which he continued during life, brought him into intimate relations with John Eliot. He was a man of means and was one of the founders of that Rox- bury school which, at that time, furnished, it was said, more scholars for the college than any other town of the size in New England, and to which he made a handsome bequest. He assisted Eliot in his work among the Indians and appears to have had some knowledge of their lan- guage. For more than four years he gave a home to 354 ELIOT MEMORIAL. an Indian lad. Elder Heath died January 21, 1660, aged seventy-five.' In a collateral line was the well-known Gen. William Heath, a prominent citizen and a prominent officer in the struggles of the Revolution. He was born the seventh of March, 1737; lived on the same farm where his an- cestor settled in 1636; and in the year 18 14, when he died, had outlived all the other major-generals of the Revolutionary army. He had been a representative in the General Court, and in the Provincial Congress. His '"''Memoirs of Major-General Heathy containing anecdotes^ details of skirmishes, battles, and other military events dur- ing the American zvar, written by himself is a book of 388 pages, published 1798. John Heath was one of the six original members of the Eliot Church who, at the time of its organization, made, for the first time, public profession of the Christian faith. He had previously attended the Old South Churchy in Boston. He was a man of extreme diffidence, so much so that he could never take active part in social religious meetings. He did not, however, belong to that class who are silent at devotional meetings but voluble when secu- lar business is on hand. His habits of punctuality and general regularity in attendance upon divine worship and in fulfilling all engagements, were observable. Being for some years treasurer of the ecclesiastical society, he came to my house invariably on quarter-day to pay an install- ■ See Lives of Isaac Heath and John Bowles, by J. Wingate Thornton. NOTEWORTHY LAYMEN. 35S ment of the salary. Having breakfasted himself by lamp- light, he made his appearance at the parsonage before the morning meal there. In manners and habits Mr. Heath was characterized by simplicity, by unobtrusiveness, and blamelessness. He gave none offence, called forth no criticism, and was much respected. In the sanctuary he was a specially earnest and intelligent listener, and had well-defined religious views. The distinguishing truths of evangelical Chris- tianity were meat and drink to him. During the later years of life he lived in Brookline, but continued to wor- ship every Lord's Day at the Eliot Church, always walk- ing from and to his house. On a Sabbath morning, Janu- ary 8, 1850, just as he was about to leave home for public worship, he fell instantly at the door and never became again conscious. During the whole seventy years of life he had not called a physician. Seldom does anyone find his way so suddenly to the temple on high instead of the house of God here below. 3. MELZAR WATERMAN. Mr. Waterman, one of the original members, and one of the committee which drafted the Articles of Faith and the Covenant, was the Asaph of those days, a devout man who led the service of song in the house of the Lord. This he did for several years with acceptance to all. Halifax, Plymouth County, was his native place, January 9, 1795. An early immigrant ancestor was Robert Water- 356 ELIOT MEMORIAL. man, from Devonshire, England, first at Salem, then at Plymouth, and afterwards at Marshfield, a man of local prominence in the middle of the seventeenth century. John, a son of Robert (born, 1642; died, 1718), was one of the first deacons of the church in Halifax. The suc- cessive generations were characterized by amiability and good habits. In early life Mr. Waterman inclined to Universalism, but Bible study and a change of heart corrected that. A special blessing, as is so often the case, attended the influence of a pious mother and sister. Under clear con- viction of sin, looking to Jesus the all-sufficient Saviour, he found needed relief. Faithful inner scrutiny was main- tained. The manuscript record of religious experiences and purposes, definite and decided, as early as 181 3, which at a later period was reviewed and renewed, indicates an unusually intelligent experimental acquaintance with divine things. Till the end of his days Mr. Waterman was a serious, cheerful Christian. In the congregation there were few, if any, more earnest hearers of the Word preached. December 29, 1833, he began a record of the texts from which sermons were preached. This continued with regularity till the spring of 1842. An occasional abstract of a sermon is introduced, and a book of about two hundred pages was thus filled. One incident will indicate local relations between members of different denominations at that period. In 1827 there was formed " The Male Primary Missionary NOTEWORTHY LAYMEN. 357 Society of the Baptist Church in Roxbury." It was originally composed of nearly fifty members, who con- tributed annually not less than one dollar each. Four or more of those men were Congregationalists, who after- wards worshiped at the Eliot Church. The officers were from the Baptist Church, but Mr. Waterman was one of the four collectors. Most of his children having settled in New Orleans, or elsewhere in Louisiana, he spent his last days with them, and in old age, still bent on usefulness, he gathered a Sunday School, which resulted in the formation of a church. But upon his decease the remains were brought back for interment in the Forest Hills Cemetery, and the funeral was attended January 29, 1868. 4. RICHARD BOND. The son of pious parents, and born in Conway, Massachusetts, the year that Washington retired from public life (1797). He came to Boston, and for years was one of the leading architects in the city. His removal to Roxbury took place some months before the organization of our church, of which he was an original member, and for thirty years prominent in all its affairs. His con- version occurred during a revival in Boston, when he became deeply impressed with a sense of his sin and folly in toiling at worldly business with only a dark future before him. His views on religious subjects, which received their form from the Assembly's Shorter Cate- 358 ELIOT MEMORIAL. chism, were unusually clear and decided ; his remarks and devotional exercises at social religious meetings were very impressive. He took a class in the Eliot Sunday School when it opened (1834), and not long after suc- ceeded Dr. Alcott as leader of a large Bible Class. Care- ful preparation, unfailing punctuality and fidelity year after year characterized him as a teacher, and indeed throughout various other relations. Mr. Bond was in the habit of contributing, with discrimination, to religious objects. He founded the Turretin prize of one thousand dollars in what is now the Hartford Theological Seminary, and bequeathed a handsome amount to several of our best New England institutions of learning. In August, 1 86 1, Mr. Bond was gathered to his fathers. 5. JOHN NEWTON DENISON. Mr. Denison joined this church twice, first in 1839 and again in 1847. It was with much regret that in each instance we parted with him and his family. He was the only child of a minister, the Rev. John Denison, of Jericho, Vermont, where he was born June 22, 181 1. With the exception of Mr. Isaac D. White, he was, at the time of his decease, the oldest living representative of our brotherhood in its early days. He belonged to the seventh generation from an original settler in Roxbury, a family in which there has been a good deal of longevity. His grandfather, Samuel Denison, reached the age of 94, and the grandfather of Samuel, Col. Robert Denison, of NOTEWORTHY LAYMEN. 359 Montville, Connecticut, attained the same age; while the grandmother of Colonel Robert came within a year of living a century. She was a queenly woman, and was always called " Lady Ann," the wife of Capt. George Denison. He, after the death of his first wife, Bridget Thompson, went back to England, served under Crom- well in the army of Parliament; was wounded in the famous battle of Marston Moor; was nursed at the house of John Borowdell, by his daughter Ann, whom he mar- ried, and returning to New England, settled finally at Stonington, Connecticut. In military affairs he was second to no one in that colony at that period, unless it be Capt. John Mason. This George was the youngest of three sons of William Denison, who came with his family from Bishop's Stortford, Herefordshire, England. They were fellow-passengers of John Eliot, who had been an usher in the school of the celebrated Thomas Hooker, and who served for a time as tutor to these Denison sons. William Denison, the father, a graduate, like Eliot, of Cambridge University, England, brought with him " a good estate." He became a deacon in the First Church of Roxbury, and died in 1653, the year that Eliot addressed his tract. Tears of Repentance, to Oliver Cromwell. The house built by William Denison was on what is now Shawmut Avenue, about opposite to the head of Eustis Street. Our Mr. John N. Denison gave himself, for a time in early life, to teaching, and contemplated de- 360 ELIOT MEMORIAL. voting himself to study. On account, however, of a per- sistent trouble in the head, he was obliged to relinquish both pursuits. Coming to Boston, he went into the dry- goods business; but withdrew (1856) and, with a brother- in-law, Mr. J. W. Brooks, enlisted in railroad affairs, the Burlington and Missouri River road, the Chicago, Bur- lington and Quincy road, and sundry associated corpo- rations. For a whole generation Mr. Denison was the senior officer of the Central Church, and one of its most liberal benefactors, commanding the deepest respect of all, his liberality exceeded only by his modesty, for his almsdeeds are fully recorded nowhere except where those of Cor- nelius are found. 6. ISAAC DAVIS WHITE. Of the earlier members of the Eliot Church, Mr. White is the oldest now living and is in his ninety-fifth year. He was born in Boylston, Massachusetts, March 20, 1806, though his father was a native of Roxbury, a prominent man in town affairs, for several years a repre- sentative in the General Court, and, what is more im- portant, possessed a strong religious character. The same was true of the mother of our Mr. White — a daughter of Rev. Joseph Avery, for fifty years pastor of the church in Holden. It was an unusual circumstance that when she died (i860) at the age of eighty-two, her ten children were all living. The only sister of Samuel Adams was a great-grandmother of our Mr. White. Of those ten chil- NOTEWORTHY LAYMEN. 36 1 dren referred to — four being still alive — the average age is eighty-three years ; while three have lived beyond ninety-two. Sixty-six was the lowest age attained, and among all of them the retention of their faculties has been marked. Mr. White removed to Enfield, Connecticut, in 1853; and after a ten years' residence there returned to Boston, but settled at length in Brookline (1865). Whatever changes have taken place in personal or in public affairs, he has maintained even and quiet habits of feeling and of outward life, always declining office when proposed to him. The passionate and the petulant very seldom reach ninety years of age. The art of passing lightly over the rough places of life is an enviable one, and one that pro- motes longevity. It was in 1840 that he joined the Eliot Church, and his religious profession has been consist- ently maintained. Two lines of Christian ancestry, run- ning back between two and three hundred years, con- verge in him. The divine pledge holds good, " Showing mercy unto thousands of them that love me and keep my commandments." 7. JOHN BROWN. Never can I forget the last sickness and some of the closing scenes in a family which came from Scotland. They lived in a small house on the milldam, remote from church, but so long as circumstances permitted, they were punctual and reverent worshipers at the house of God, whatever the walking or the weather. The husband and 362 ELIOT MEMORIAL. father, John Brown, sank (1846) under the gradual in- vasion of a disease that baffled all resistance ; but it was in such patience and cheerfulness as are exhibited only where there is intimate fellowship with heaven. His thoughts wandered chiefly along the river of the water of life and also beyond sea in his native land. He lived over his early life again, and sang over and over hymns taught him by a godly Highland mother. At last he wished to have the Scottish friends — who were kindly attentive through the whole sickness, and some of whom then stood round the bed — join in a favorite paraphrase. It was one which that sainted woman used to sing to liim in his childhood. His own feeble voice joined wit'ii theirs till the last word and last note. With that he ceased to breathe ; but I have no doubt that in another world he kept right on singing, only changing to the song of Moses, the servant of God, and the song of the Lamb. The one which he had just finished here was this: " Hark, the glad sound ! the Saviour comes, The Saviour promised long ; Let every heart prepare him room, And every voice a song." The widow and daughter soon went back to Aber- deen, Scotland, where their friends were living. 8. DEACON JAMES CLAP. Few churches have ever had among their members one more humble, more prayerful, or more conscientiously faithful in all his relations, than James Clap. Nearly the NOTEWORTHY LAYMEN. 363 whole of his seventy years bore witness to those eminent traits, for his religious life began much earlier than is usual. He was born in Dorchester, and while yet a youth was the first male member received by the Second Church, under the ministry of the first pastor. Dr. John Codman. Owing to changes of residence, he joined suc- cessively the Old South and Pine Street churches, Bos- ton, and the Village Church, Dorchester. Thence he brought usual credentials to the Eliot Church in 1836 ; but he brought an unusually quiet, consistent, earnest Christian character. He was a peacemaker. It was also his practice, much beyond what is generally the custom, to introduce religious conversation and to speak to im- penitent business men, as well as others, on the subject of personal salvation. Growth in grace in himself and the spiritual good of others seemed to be his sole desire. The year 1829 was one of great financial embarrassment. Failures were frequent. A friend, on entering Mr. Clap's counting-room one morning, announced that a certain business man, who was owing the firm a considerable amount, had gone under. Mr. Clap knew that that in- volved disaster to himself; but instead of any expressions of grief, he remarked calmly : " This is perhaps in answer to my prayer. I have been praying for greater sanctifica- tion, and God may be taking this method to effect the object." He never resumed business, but became bookkeeper on a moderate salary. His manner of living being ex- 364 ELIOT MEMORIAL. tremely simple and inexpensive, he was able to contribute to benevolent objects amounts that were very suggestive to those who had larger incomes but who gave much less. To the American Board and the Home Missionary Society, he paid each not less than one hundred and seventy dollars annually ; and when a special appeal was heard, he would present a special thank-offering. Mrs. Clap, a sister of Mrs. Dr. R. S. Storrs of Braintree, was in full sympathy with her husband. Health failing, he removed to his native place; and the first Lord's Day of July, 1857, was the last time that he attended public worship. The remainder of his life, two and a half years, was a period of almost uninterrupted suffering — much of the time severe suffering — night and day. It was, however, a period of meek resignation and uncomplaining endurance. In an address at the funeral of Mr. Clap, March 30, i860, the writer took occasion to say: "Why is it that such a man should have been subjected to such a dis- cipline? God no doubt had many ends in view, and one may have been to teach us that this is not a retributive state. If called upon to select in the wide circle of our acquaintance, one who from boyhood upward has been blameless, of transparent integrity, scrupulously con- scientious, truthful, guileless and devout, would our thoughts turn to any one sooner than to him whose re- mains are before us ? Now while the dishonest man, the profane man, the Sabbath breaker of this community has NOTEWORTHY LAYMEN. 365 lived in comparative exemption from trials, upon what principle of equity was such prolonged suffering ap- pointed, if in this life demerit meets with a full relative penalty ? " " Again, that last sickness was to him a season of much spiritual enjoyment, and through him of much spiritual refreshment to Christian brethren who came week after week to his bedside. Yes, within that coffin is a bound volume of ' Songs in the Night,' a gentle visi- tor to the sick and suffering, such as no hand this side of Heaven could prepare and send forth through the com- munity. It is a wide area around us on which the feeble and the distressed have now for years been taught lessons of uncomplaining endurance, by him who though dead yet speaketh, and will speak to us for years to come. You, my dear brother (Rev. Dr. J. H. Means), in the min- istry of reconciliation and consolation, have had a col- league such as few pastors are favored with. Your ver- bal testimony to the sustaining grace of God has been fortified by a living testimony which none can gainsay or resist. In the regions round about, we have learned as never before to ' Know how sublime a thing it is To suffer and be strong.' "One invalid in a neighboring city, more than ninety years old, when told of the event that brings us here to- day, lifted up her feeble voice in the exclamation : ' He has suffered well, and now he has gone where he will re- joice well.' " 366 ELIOT MEMORIAL. 9. GEORGE DOMETT. He had reached four-score, though we should not have thought it. Cheerfuhiess of spirit and countenance beguiled the advance of years, and we looked upon him as a youthful old man. Out of the whole population of our world it is estimated that only one in five hundred reach that age, and it takes but twenty-four such lives to measure the entire period since our Lord was on earth. The last conversation that I had with Mr. Domett turned chiefly upon the subject of sudden deaths. There was nothing premonitory in that, yet it could not be otherwise than impressive that the very next thing which I heard regarding him should be, " He died suddenly." Martin Luther was talking on the same topic one even- ing, and before the next day he died. So, too, Julius Caesar discoursed about it the night before he fell in the Senate House. When there is due preparation for the event, why should it not be accounted a mercy that this can be said, " He was not, for God took him } " Mr. Domett had been about the house as usual during the day, w^as sitting in his chair, turned his head on one side and ceased breathing. His end was peace ; it was a com- fortable event; he simply left us, and nothing in his life was more beautiful than its close. Jewish Rabbis used to teach that the angel Gabriel comes and gently draws out the soul of a righteous man with a kiss. In this instance it was at evening, and being a little earlier than the usual hour for retiring, the venerable man omitted NOTEWORTHY LAYMEN. 367 saying good-night. How sweet the name that Christ gives to the death of such an one, " Our friend Lazarus sleepeth ! " It was on Saturday evening that this, our friend, fell asleep — the evening of preparation for the holy Sabbath. What a different morning was his from ours who were tarrying here in the midwinter of sin, suffering, and doubt ! Our friend believed in the all-sufificient, atoning work of Jesus Christ; in our Lord's resurrection, the sealing event that is commended for a joyful celebration by every re- turning Lord's Day. He believed in regeneration by the Holy Spirit, evinced in the putting on of the new man which, after God, is created in righteousness and true holiness. As he believed, so he prayed, professed, and died. 10. ABNER KINGMAN. Henry Kingman, who came to this country from Eng- land in 1630, settled at Weymouth, Massachusetts, and was a representative in the General Court or Assembly for fourteen consecutive years. A great-grandson of his, Col. Abner Kingman, was one of the Minutemen in the Revolutionary War. His grandson, our friend — the third who bore the same name — was born in Providence, Rhode Island, February 5, 18 14. The Kingmans were of the Puritan stock, decidedly religious, conservative, and much respected. Mr. Kingman's father was a deacon in the church at Providence for many years before removing to Boston. This son, in the days of youth and early man- 368 ELIOT MEMORIAL. hood, before the commencement of a Christian course, maintained, in the midst of temptations, a correct life outwardly, shunning the theater and given to reading and to attending lectures. The books which attracted him were for the most part valuable, and it was his habit to make written abstracts of the same. It was not till twenty-seven years of age that, after much deliberation, Mr. Kingman made public profession of religion, and became a member of the Essex Street Church, with which he remained about forty years till his death. In the meantime he had quarters in Roxbury for a period, and worshiped with the Eliot Church. In the matter of business he had a long apprenticeship that was not entirely satisfactory; but at length becoming a mem- ber of the firm of Gossler & Co., he met with success. For a quarter of a century he was known as a man of energy, of rare business sagacity, and of unbending integ- rity. After his retirement from the house of Gossler & Co. they named the only ship ever owned by them during their century and a-half of business, the Kingman, as a token of esteem for their late partner. The home life of Mr. Kingman afforded a beautiful specimen of warm affection. Christian training, and domes- tic harmony. Ostentation had no place there ; religious hospitality abounded. He was not a man of many words nor of any pretention. In numerous public benevolences and philanthropic institutions he had an interest and ad- ministrative position, such as the Young Women's Chris- NOTEWORTHY LAYMEN. 369 tian Association, the Children's Aid Society, the Boston Dispensary, the West Newton Boys' Home, the Dedham Asylum for discharged female prisoners, the Provident Institution for Savings. For fifteen years he was a mem- ber of the Prudential Committee of the American Board; for thirty-two years he was on the board of managers of the Seamen's Friend Society; he was also a trustee of Liberia College, of Beirut College, of Oahu College, of Wellesley College, of Bradford Academy, and of the Female Seminary at Oxford, Ohio. In his abundant char- ities he was the farthest possible from everything like show. The left hand was kept in ignorance of what the right hand did. I was often made the medium of gifts which were to be communicated without the donor's name. Failing health marked the closing years of Mr. Kingman's life. Angina pectoris was the malady which preyed upon him, and after repeated paroxysms of extreme suffering he had a blessed release, November i, 1880. His last effort at continuous utterance was the barely audible re- hearsal of one stanza of a favorite hymn : " I love thy kingdom, Lord, The house of thine abode, The church our blest Redeemer saved With his own precious blood." II. HON. JOSEPH S. ROPES. Boston claims Mr. Ropes as one of her sons. He was born February 6, 18 18, Mr. William Ropes and Mrs. Martha Reed Ropes being his parents. After attending 37° ELIOT MEMORIAL. Gideon F. Thayer's school Mr. Ropes studied at the St. Petersburg Gymnasium and University, his father hav- ing removed to that city. Besides the two ancient clas- sical languages, Latin and Greek, he became familiar with the modern Russian, German, French and Spanish. From 1845 to 1875 he was a member of the firm of William Ropes & Co., which had mercantile houses at St. Petersburg, London, New York and Boston ; and he made numerous trips to Europe and back. Among the positions of trust held by him were presidency of the Congregational Club, membership in the Boston Board of Trade, the Free Trade League, and Prudential Com- mittee of the American Board, the latter for a term of twenty-four years. Products of his pen have appeared in contributions to various periodicals, especially the Con- gregational Quarterly, the New Englander, and the Bibli- otheca Sacra. Mr. Ropes, like Mr. Abner Kingman, though a member of the Union Church, Boston, removed to Roxbury and worshiped a while with us ; but when the Vine Street (now Immanuel) Church was formed, he cast in his lot as one of its original members. In that he held the office of Deacon, and for many years conducted a large Bible Class of ladies. A quick sense of right and of honor, the absence of self-assertion, and the presence of unusual refinement, are well-known characteristics in Mr. Ropes. One evidence of his remarkable memory is the fact that it carries over seven hundred hymns. NOTEWORTHY LAYMEN. 37 I 12. SYLVESTER BLISS. The Eliot Sunday School has been greatly favored in its superintendents. After the quarter of a century services of Deacon Alvah Kittredge, came a brief term by Mr. Samuel Hall, followed by the longer one of Mr. Syl- vester Bliss, who held the headship for three years. He was born in Tolland, Connecticut, 1814; engaged in teach- ing one of the Hartford schools, and became a member of the Eliot Church in 1848. Mr. Bliss was a man of much kindliness of disposition, of rare good sense, and of marked executive ability. These traits were exhibited not only in connection with the Sunday School, but as a member of the city school committee, and also as editor and in business affairs. For many years he was agent and treasurer of the American Millennial Association, being annually reelected editor of the Advent Herald with entire unanimity. In that posi- tion he exhibited unusual candor and skill in discussion, great familiarity with the Bible, and much acuteness in the interpretation of sacred scripture. By indefatigable perseverance and by methods all his own, he acquired such knowledge of the Hebrew and Greek, without regu- lar instruction, as enabled him to trace the usage of words in the Old and New Testaments effectively for purposes of original discussion. As a controversialist he held the pen of a cautious, able, and independent writer. While editing the journal above mentioned, he was an occasional contributor to weekly papers in Boston and Hartford; 372 ELIOT MEMORIAL. and his works, larger and smaller, which were published separately, amounted to nearly thirty. As a member of the church Mr. Bliss, without being in the least officious, was always ready for good words and work, whether in devotional meetings or neighborhood labor. Though very decided in his views regarding pre- millenarianism, he never obtruded them upon the Eliot Church. Its members differed from him on that subject; yet they respected him for his firm advocacy, in a weekly organ, of what seemed to him a true interpretation of prophecy, and at the same time honored him for the absence of all narrow, partisan and heated advocacy. In Hartford he belonged to the Second Church, of which the Rev. Dr. O. E. Daggett was then pastor, who entertained a warm regard for him, and who communi- cated this incident : " Twenty years ago Mr. Bliss had a situation in the Hartford Post Office. He was at length informed that certain service would be required on the Sabbath. He resigned his situation, not having any other employment at hand, and being dependent upon his own efforts. He, however, immediately found a better situation, and since then has never been without employment and a fair measure of success." The funeral of Mr. Bliss took place in the Eliot Church, March 8, 1863, when the tears of a Sunday School and congregation bore witness to the general affection and esteem in which he was held. NOTEWORTHY LAYMEN. 373 13. ROBERT MCMASTER CARSON. Was he one of the prominent members of the church ? Perhaps not, to human eyes, but he was, we doubt not, to angelic eyes. In social position very lowly, in Christian worth he stood high. Ancestors of his moved from Scotland to the north of Ireland in the time of Cromwell, and he was born at Donaghadee, June 14, 18 15. After working at his trade as a shoemaker in Glasgow and Dublin, he emigrated to Roxbury in 1844. On becoming a member of the Eliot Church (1856), he stated to the pastor and church com- mittee that his sole reliance for pardon and life eternal was on the atoning righteousness of Jesus Christ, his belief being that whatever might be good in him was due to the Holy Spirit ; that his highest interest and enjoy- ment were in efforts to do good. Thereafter his life con- firmed that testimony. No one could be more modest or apparently more conscientious. He was indefatigable in efforts to promote the salvation of operatives with whom he was associated, though extremely diffident, seldom allow- ing an opportunity slip to invite sinners to come to Christ. In 1862, after much prayer, he became convinced that duty to his adopted country called him to enlist in the Union Army, and he carried himself as a Christian soldier. From Fairfax Station and Alexandria Heights, as well as from other points, he wrote in regard to re- ligious meetings and personal labors with individual men. 374 ELIOT MEMORIAL. Sickness overtook him, and his last few days were spent in a hospital. The Chaplain wrote : " He was a man I loved to visit, for he loved the Saviour with an intense affection. His religion made him patient and happy ; it gave him a sweetness of spirit which endeared him to all around him. The surgeon told me there was some- thing about Mr. Carson so noble and good, that he felt as though he must not die ; and the tears stole down his cheeks as he spoke these words." When the Great Cap- tain of our salvation shall order the muster-roll of nations, we believe this friend of ours will have honorable men- tion. 14. WILLIAM HENRY WARDWELL. One of the deaths deeply deplored by the church, was that of Mr. Wardwell, who had been a member since 1859. He was born at Lyndeborough, New Hampshire, October 24, 18 18, his father being Dr. Daniel Wardwell of that place. The Wardwells came from Ipswich, Eng- land. In boyhood our friend attended public schools and Phillips Academy at Andover. After engaging for ten years in the book trade and printing at Andover, he removed to Boston, and was successively associated with John P. Jewett & Co., also Grant, Warren & Co., out of which grew the firm of S. D. Warren & Co., with ivhich his connection continued towards forty years. In these relations he was highly esteemed for strict integrity and careful attention to such business as came to his charge. The same was true regarding unpaid services NOTEWORTHY LAYMEN. 375 elsewhere. In 1880 he was elected a Director of the Sun- day School and Publishing Society, and for a decade had the position of Chairman of the Finance Committee, at whose meetings he was punctually present. Safe and cautious counsel, efficient attention to financial affairs, and the bearing of a Christian gentleman, characterized his whole course in that connection. Mr. Wardwell was a generous man, as the pastors and communities with which he had fellowship were well aware. It cost him no effort to give. Contributions in full proportion to his ability, for objects of benevolence — and especially those that are distinctly evangelical — were prompt and most cheerful. The smile on his face in such matters, and indeed uniformly, told of a heart in glad sympathy with the best things of the church and the world. Modest and gentle, fond of quiet and simplicity, Mr. Wardwell seemed always to act under the control of religious principle. His Bible and the Lord's Day with its services were a delight, especially when the doc- trines of grace were clearly set forth. Whatever the dis- tance and inconvenience of a walk to the house of God, he would not avail himself of any public conveyance on the Sabbath. Seldom, if ever, is a man to be found less pretentious in manners, or more steadfast in religious con- victions. He was at once a model of delicacy and firm- ness. At the age of seventy-seven (September, 1896,) the great harvester gathered him like as a shock of corn cometh in in his season. 376 ELIOT MEMORIAL. 15. WESLEY IRESON. It is not often that any church has a member so modest, so blameless, so punctual and so faithful in his sphere as was Mr. Ireson. The announcement of his decease, which was very sudden and unlooked for, March 26, 1897, occasioned a shock throughout the circle of his acquaintance. Mr. Ireson, a son of the Rev. Joseph Ireson, was a native of Thompson, Connecticut, having been born there October 5, 1823. He left home early to prepare for business, and in Norwich came under the pastoral care of Dr. Alvin Bond. Young men and others in the same congregation formed a colony with whom Mr. Ireson cast in his lot, which resulted in the organization of the Broad- way Church. Dr. John P. Gulliver, one of our young men, became its first pastor. Mr. Ireson not long after made a public profession of his religious faith. Some years later the business house with which he stood con- nected removed to Boston ; and notwithstanding heavy losses by the fire of 1889 he continued in the trade for fifty-five years. His reputation for strict integrity and gentlemanly bearing in all relations continued untarnished. In private relations of life, Mr. Ireson was noticeably unassuming, gentle and cheerful. His tastes were simple. Among flowers and children he was peculiarly at home. Native temperament and disposition were favored by sin- gularly good health. During more than three-score and ten years he required medical attendance only on the day NOTEWORTHY LAYMEN. 377 before his decease. For thirty-seven years he had not failed of attendance upon public worship on the Lord's Day; and for eight and thirty years he was the accurate, kindly, and ever-welcome Secretary of the Eliot Sunday School. Mr. Ireson was a man of few words, and no words of censure upon others. He took the Bible as his guide in life, and it afforded him unfailing light, peace and strength. CHAPTER XXV. YOUNG MEN. In no other country or age have young men occu- pied so conspicuous a place as in our land, and at the present time. Never before have they taken such a lead- ing part, especially in civil and religious movements. The young man as a reformer and legislator is often at the front. Among our young men there has been a gratify- ing proportion of Samuels and Josiahs. They are to be found not only in the professions, including educators, but in the business world. Offensive self-confidence, and the want of due respect, along with intoxication of free- dom — which are rather widely characteristic of those just emerging from the tutelage of home and school — have not, with one or two exceptions, been observable. Nor has there seemed to be on their part any intense endeavor to propitiate Mammon, or to secure other means of self-indulgence. Praiseworthy sentiments and high aims have, in the main, been entertained. In starting out on the voyage of independent life, they have evi- dently had in mind the difference between favoring trade- winds and the typhoon. At the funeral of certain young Athenians, Pericles remarked that the commonwealth in losing such loses what the year would if spring were to fail. It has sometimes seemed to us as if that charming season were gloomily overcast. YOUNG MEN. 379 I. HENRY MARTYN HILL. No young man, in the early days of this church, enjoyed greater respect than Henry Martyn Hill. He was the eldest son of Henry Hill, Esq., an ofilicer of the church, and for many years treasurer of the American Board. Few are gifted with minds originally more active and in other respects more promising than his. A physi- cal infirmity, however, precluded collegiate and profes- sional studies; yet his attainments were highly respectable, and his example may well encourage the young who labor under special embarrassments. On a voyage to Singa- pore in company with missionaries, when eighteen years of age, he became experimentally acquainted with the truth as it is in Jesus. Thenceforward his growth in Christian character was marked, one evidence of which appeared in an unusual love of the Bible. The Epistle to the Ephe- sians, many of the Psalms, and other portions of sacred Scripture were hid in his heart. Manly, modest, blameless, his daily walk was a persuasive exhortation to young men to be sober-minded and earnest in serving the Master. The malady (epilepsy) which long preyed upon him did not produce irritableness, or lead to unavailing com- plaints. He did what he could, and his Christian activity continued to the last. It required an effort to be re- signed to live ; but the spirit of meek, submissive endur- ance was clearly manifest. An extract or two from his journal will indicate, in some measure, his caste and habit of mind. Speaking of a second voyage he wrote : " In my passage in the Montreal to Rio (1847), I accomplished the 380 ELIOT MEMORIAL. careful perusal of Butler's Analogy. I finished it just when the severity of m}^ sickness made me unable to read more than a page or two at a time, and felt its power to fortify me in the truth of Christianity, during the darkest and most painful hours of the succeeding illness. To my mind it brings exactly the consolation and sup- port that I have long and distinctly felt the want of, furnishing an argument in logical, tangible, practical form, why one should trust in revealed religion, and risk his spiritual interests thereon, on similar principles to those which govern men's actions under the constitution and course of nature." " I trust that nothing I have done, or omitted to do, will bring reproach upon the cause of Christ. It has been difficult, from day to day, to know how to behave in the intimate company of a set of midshipmen, in the steerage of a man-of-war. In the first place I have not joined in their vulgarity or profanity. In listening to a vast deal of it, mingled as it has been with all their conversation, I have been exceedingly pained, disgusted, and desirous to speak in the way of disapprobation, or even of reproof." " My own bark still at anchor rides Close to the shore where varying tides Now lift me high, then bring me low, And thus my weak dependence show. The shallow waters sometimes will Unto my downcast eye reveal The ground below ; but every day, And many a night makes rich display Of glories, which hope's upturned eye Through faith's bright glass can quick descry." YOUNG MEN. 38 1 " I almost danced before the Lord, with my joy that I had been allowed to preach Christ to that young man. My prayers were earnest that God, for Jesus' sake, would send his Holy Spirit to that heart, and sanctify the means employed for his benefit." Among the last entries was the following : " I feel that ' sundown ' may come to me any day ; and then I will have to add, ' reached home — but what a sunrise ! ' " A booklet, entitled The Yoke i7i Youth, relating to Mr. Hill, was issued over forty years ago. He died April 28, 1856, aged thirty-four. 2. JOHN J. CARRUTHERS, JR. A sorx of the Rev. Dr. Carruthers of Portland, Maine, was a young man of elegant person, pleasing manners, and amiable disposition. Being a fellow boarder with him, I had opportunity for intimate acquaintance, and came to regard his Christian character as undoubted. He felt under deep obligations to the Rev. Dr. Wilkes of Montreal. It was by letter that he came into connec- tion with our church in 1848. But having a highly- strung nervous temperament, and imperfect health, he fell into despondency, and at length into extreme depression. Suspicion of friends, and, indeed, all about him, took pos- session of his mind, and return to Portland became necessary. On reaching his father's house indications of insanity were unmistakable. He could not wait for the door to be opened, but tried to force his way in, saying 382 ELIOT MEMORIAL. that officers of justice were pursuing him. Such was his mental distress that he would pray all night, and so loud that no one in the house could sleep. Removal to the asylum at Somerville took place. Under the hallucina- tion that it was wrong for him to receive nourishment, he became emaciated and haggard, and expired Septem- ber 6, 1 85 1. His father wrote: "I gladly embrace this opportunity of expressing to you my cherished sense of obligation as the much-loved pastor, whose instructions he so much valued, and under whose ministry he seems to have made such sensible, and, to all but himself, satis- factory advances in the Christian life. He ever spoke and wrote of his minister with reverential and fond affec- tion. Your excellent Deacon Kittredge stood high in his esteem. Of Mr. Walley he could never speak but with outpouring gratitude and love." No funeral services were more sad than those of such young friends as Mr. Carruthers. It was as if bright stars had been quenched mysteriously. 3. D. JARVIS HASTINGS. The December of 1858 closed in deep sadness that settled on a wide circle of relatives and friends. Close upon Christmas a brilliant morning was overcast, and highest hopes were suddenly dashed. Young Hastings, only eighteen, amiable, winning, warmly loved, at the head of his class in the university of a neighboring state, succumbed to disease. Never were our hearts heavier than when we joined in the procession that carried out of YOUNG MEN. 383 the city the corpse of that only son of his mother, and she a widow. Yet there was much relief to her mind and ours, that, in a lucid hour of sickness, the Saviour's voice seemed to be heard, " Young man, I say unto thee, arise ! " We cherish the belief of his resurrection rather than the memory of his death. 4. NATHAN HAGGETT BROWN. At the midsummer sacramental service of 1866, thirty- eight persons presented themselves, avowing the Lord Jehovah to be their God and portion forever ; avowing the Lord Jesus Christ as their Saviour, devoting to him all their faculties, powers, and possessions. Side by side stood three brothers. The parents came at the same time from another church. The natural and the spiritual life of two of those brothers ran parallel in twin ex- perience. It cost us — as has often been the case — no little feeling when the transfer to a distant city took place. His pastor there ' wrote me : " Candid, outspoken, conscientious, he seemed to be chiefly anxious to discover the way of duty for himself ; and whatever appeared to him to be the requirement of right in the case, he stood ready to do. He was strongly impelled by the desire and purpose to make his personal culture as thorough and complete as possible. Whatever an earnest, devoted, faith- ful Christian young man would be expected to do from his relations to the church and the kingdom of God, all I Rev. Dr. Helmer, Union Park Church, Chicago. 384 ELIOT MEMORIAL. that Nathan Brown proposed to himself to do, and was largely successful in his endeavor. The tender, sympa- thetic, ardent feelings which made him a valued neighbor, contributed to his excellence as a Sunday School teacher, and many souls were given him as seals of that limited but responsible ministry." But his Christian aims were not limited to persons and fields purely local and imme- diate. He did not know how to be narrow. Repeatedly he wrote to me here in Roxbury, desiring information and sources of information in regard to foreign missions. In business, and other wide relations, he commanded respect. It is not often that enthusiasm of temperament and conservatism of judgment are so happily combined. That poise of character must be attributed in no small degree to the steadying influence of religious principle, and to the study of a volume which has power beyond all others to impose restraint when needed, and to pro- duce equilibrium. But why was a man so useful and so young removed ? His own words on one evening (May 21, 1878) of his short and last violent sickness, were full of meaning, "It is all right." Though taken from the midst of greater usefulness and greater enjoyment than ever before, it was all right. By such transfers heaven gains more than earth loses. The best service here is followed by preferable service there. From the malaria of Romish superstition and Jesuit guile, inestimably worse than Roman fever, he remained untainted. Milan and the plains of Lombardy are no farther from Paradise than YOUNG MEN. 385 our western prairies. " It is all right " that the transla- tion should take place in traveling. The heavenly- minded Archbishop Leighton expressed a wish that he might die on a journey, and at an inn. His desire was gratified. For Nathan Brown to travel was not to wan- der. He recognized the fact that whether at home or abroad we are alike, " strangers and pilgrims on the earth." Italy itself became for us yet more a sunny land, her skies have an intenser blue, richer tints mingle in the morning glory of her mountains, since our beloved friend went up thence to be forever with the Lord. Of the four preceding there were compeers, some of them schoolmates, who still survive. They are all over fifty years of age, and the following are among the mem- bers of that group. 5. EDWARD p. FLINT. A considerable number of the congregation removed, at different times, to California. Among these was the father of Mr. Flint, who, after being a merchant in Boston, and then in Buenos Ayres, South America, established (1849) the commercial house of Flint, Peabody & Co. in San Francisco. This son, who was born in Boston (1828), and had prepared for college, followed the family (1850) to the Pacific coast, and soon became a member of the firm, which, for many years, enjoyed much success. The decisive spiritual change in Mr. Flint occurred in youth, and stood connected with the prayers of his 386 ELIOT MEMORIAL. mother, and with a Christian call from Deacon James Clap, who read the one hundred and third Psalm, conversed and prayed with him. Mr. Flint, as well as his mother, was received to this church on confession of their faith in 1846; and his position at the Golden Gate has been that of a valued Christian man. He was a member of the Executive Committee of the famous " Vigilance Commit- tee " of 1856. Soon after his transfer to the First Con- gregational Church of San Francisco he was elected a trustee and treasurer, a teacher in the Sunday School, and also, not long after, a deacon of the church. Upon re- moving to Oakland (1862) he came into similar positions <:onnected with the First Church there, besides being superintendent of the Sunday School, a trustee of the Pacific Theological Seminary from its organization, 1868. A share in other similar trusts has been committed to him. Some of these positions were held for forty or more years. From i860 to 1892 he was financial agent of the American Board, and from 1876 has been a corporate member of that body. 6. GEORGE ALVAH KITTREDGE. He was born in Boston (1833) before his father's family removed to Roxbury. On account of delicate health he went, in 1849, to the Levant, and was absent from home for fourteen months. During that time many weeks were spent with friends at Beirut, and on Mt. Lebanon; Da- mascus was visited, and the Holy Land. The return home YOUNG MEN. 387 in 1850 was by way of Smyrna, Constantinople, Northern Italy, and Switzerland ; Paris, London, and Edinburgh. Mr. Kittredge had previously studied in our Latin School, and after some further preparation privately, he entered Yale College (185 1), and graduated the fourth in his class of ninety-one members. Having taken the Clark Scholarship he remained a fifth year at New Haven. The next year (1857) he entered the office of Naylor & Co., Boston, who were engaged in the foreign iron trade, but in 1862 he went to Bombay and joined the firm of Stearns, Hobart & Co. That city has since been his home, and in the course of these thirty-eight years he has made nineteen trips each way, two of them being round the world. Bombay had grown to be a city of nine hun- dred thousand inhabitants, before the late visitation of the plague. Mr. Kittredge has been an active member of the Chamber of Commerce ; also of the Port Trust, in whose care are placed the harbor fore-shore and the city docks, valued at many millions. He secured the con- cession for a horse-railway in Bombay, which has been a great success, and now has a track of about twenty miles, and carries sixty thousand passengers daily. Mr. Kittredge was the pioneer in one of the impor- tant benevolences of India — the introduction of female physicians. Sufficient funds were secured, chiefly from natives, to bring out three ladies equipped with full medi- cal degrees. Funds were also secured by him and an influential associate, a Parsee gentleman, for a hospital, 388 ELIOT MEMORIAL. a dispensary, and then for a second hospital, all of which are in sole charge of lady doctors. Through the same influence women were admitted to the Medical School at Bombay, as well as afterwards to the similar schools of Madras and Calcutta. This movement led on to the establishment of the Lady Dufferin Fund, and to the furnishing of hospitals, dispensaries, and nurses for women in many parts of India. Mr. Kittredge's English friends wished him to be presented to Queen Victoria, who took much interest in the scheme that originated at Bombay, but he declined the formality. Mr. Kittredge prepared an interesting booklet entitled, A Short History of the Medical Women for India Fund of Bombay, which was published at Bombay in 1889. 7. JOSEPH EPES BROWN. Mr. Brown's earliest ancestor this side of the Atlantic settled at Ipswich, Massachusetts, in 1637. Along the lines subsequently appear the names of Deputy Governor Symonds, Sarah Dudley, sister of Governor Dudley, and George Jacobs, one of those who were accused and who suffered death in the " Salem Witchcraft " frenzy. His great-grandparents were among those to whom a large tract of New Hampshire land was granted in consid- eration of services rendered during one of the colo- nial wars. Boston was his birthplace (August 23, 1843), and the family moved to a commanding site on Parker Hill, Roxbury, when Joseph was five years of age. At YOUNG MEN. 389 eighteen he entered on a clerkship in a large mercantile house of Boston, and two years later took a similar posi- tion with Blake Brothers & Co. With that firm he has remained in various capacities, from office-attendant to partner, till the present time, thirty-eight years. Upon the death of the senior Mr. Blake (1874), he was selected as the one for the branch office on Wall Street, New York. His energy and tact have contributed much toward making that branch outstrip in quantity the busi- ness house in Boston. In 1866, Mr. Brown, with his twin brother Nathan and also a third brother, as well as many others, the fruit of a revival, joined the Eliot Church. Religious earnestness and activity were early manifest. Upon mar- riage he removed his connection to the Central Church ; and not long after became Superintendent of its Sunday School, and later of the Mission School at the Old Col- ony Chapel. On removing to Brooklyn, New York, he took service at once in the School of the Church of the Pilgrims, then in its large Mission School (Pilgrim Chapel), of which he soon became Assistant Superin- tendent and Superintendent. In other outside activities Mr. Brown has had a share, as well as in the weekly church meetings. At the jubilee of Dr. R. S. Storrs' pastorate he was selected to deliver the address, " From the People to the Pastor." For several years he has been a corporate member of the American Board. Vari- ous philanthropic and other institutions in Brooklyn have 39° ELIOT MEMORIAL. claimed his services as trustee, or in other positions. He has made not less than a dozen voyages, chiefly to Europe, one to the Windward Islands and South America, as well as one visit to the Hawaiian Islands. Notwith- standing the pressure of business and of local engage- ments, he is a studious man, and in his library of three thousand volumes finds recreation and unremitting self- culture. Well would it be if such a habit were more general. 8. HON. JAMES M. W. HALL. Mr. Hall is a native of Boston. In the Latin School of Boston and that of Roxbury he prepared for college, but went into business, and for the last decade or more has belonged to the firm of Wellman, Hall & Co., whole- sale lumber merchants. At seventeen years of age he joined the Eliot Church (1859) on confession of faith; but afterwards removed to Cambridge, where for more than twenty years he has been one of the officers of the First Church, and for a number of years was Superintendent of its Sunday School. In 1880 he was Mayor of the city of Cambridge, and since 1893 has been a member of the Prudential Committee of the American Board. He has also borne part in other important trusts. 9. COL. EBENEZER W. STONE. A son of Gen. E. W. Stone, was born in Roxbury, October 23, 1837. ^^ ^^^ commissioned as captain in YOUNG MEN. 391 the First Massachusetts Infantry, 1861, and served with his regiment, which was engaged in the battle of Bull Run, and in all the engagements — that at Antietam ex- cepted— of the army of the Potomac till mustered out in 1864. He was then appointed lieutenant-colonel in the Sixty-first Massachusetts. These appointments were in the volunteer service, but he passed into the regular army, 1866; and in the United States Twenty-first Infantry has been promoted to a captaincy. He was brevetted colonel of volunteers, for gallant and meritorious service during the campaign that resulted in the fall of Richmond, Virginia, and the surrender of the insurgent army under Gen. R. E. Lee. Since the war of rebellion. Colonel Stone has served in various capacities and under different generals in com- mand— as chief quartermaster, adjutant of the artillery school, assistant adjutant-general, military commissioner, and aid-de-camp to different generals. He was on duty in the Bannock campaign of 1878; at Rock Springs, Wyoming, during the anti-Chinese riots ; and at various forts in different military departments. Under appointment to the regular army, he was brevetted captain United States Army for gallant and meritorious service at the battle of Williamsburg; major for similar services at the battle of Chancellorsville ; and lieutenant-colonel for like services at the battle of Gettysburg. CHAPTER XXVI. MINISTERIAL RECRUITS. I. PROF. JOHN P. GULLIVER, D.D., LL.D. Dr. John P. Gulliver was born in Boston, May 12, 18 1 9, and lived the same number of years (seventy-five) as his mother. After graduating from Phillips Andover Academy, and then from Yale College (1840), he was for two years Principal of the Academy in West Randolph, Massachusetts. Upon graduating from the Andover Theo- logical Seminary (1846), Dr. Gulliver became pastor for twenty years of the Main Street, now Broadway Church, Norwich, Connecticut. During that period he was chiefly instrumental in securing the foundation of an academy of superior grade, having at the outset an endowment of over seventy-six thousand, which has been increased to more than four hundred thousand. For four years he conducted a weekly paper. In 1865 ^e accepted an invi- tation to the New England Church, Chicago, Illinois, where he remained for three years. Knox College then claimed him as its president for four years, when he re- moved to Binghamton, New York, and for six years ministered to the First Presbyterian Church of that place. From 1878 onward. Dr. Gulliver was Stone Professor of ' Christianity and Science " in the Theological Seminary at Andover, Massachusetts, where he died January 25, MINISTERIAL RECRUITS. 393 1894. In the course of his fifteen or sixteen years' pro- fessorship, Dr. Gulliver was for a time a member of the corporation of Yale College. He was a man of strong and independent convic- tions. He did not agree with associates in the faculty at Andover regarding future probation. Always earnest, and sometimes intense, he was a hard-working man, although suffering much from a spinal injury occasioned by a fall. To speak of his agreeable companionship, or of his ability, would be superfluous. His interest in public affairs — reform movements and education — was marked. In the cause of temperance, anti-slavery, and suppression of the southern rebellion, he was notably fearless and energetic. 2. REV. WILLIAM LADD ROPES. The family of Mr. Hardy Ropes was connected with the Eliot congregation in its early days, when worshiping in a hall, and their son (born July 29, 1825) was a mem- ber of the Sunday School and of the class taught by Mr. Henry Hill. He was admitted to the fellowship of the church in 1841. Having graduated from the Boston Latin School and from Harvard College (1846), he became an usher for two years in the Latin School, and then studied theology at the Andover Seminary, graduating with the class of 1852. For nine years he was the in- stalled pastor of the First Church in Wrentham, Massa- chusetts. From 1866 to the present time Mr. Ropes has been librarian of the Andover Theological Semi- 394 ELIOT MEMORIAL. nary. He is a cousin of Hon. Joseph S. Ropes, and their ancestors were among the early residents of Salem. 3. REV. WILLIAM SEWALL. A cousin of Mr. William L. Ropes, belonged to our Sunday School in its early period, and was one of Mr. Morrill's pupils. He was born in Boston, December 14, 1827 ; prepared for college at the Roxbury Latin School and in Cambridge, graduating from Harvard in 1849. After one year at the Andover Seminary he taught for two years in Maine, and graduated from the Theological Institution in Bangor, 1854. He was successively pastor of churches in Lunenburg and Norwich, Vermont, ten years each ; pastor of churches in Littleton, Charlton, and Templeton, Massachusetts, for shorter terms. His death occurred while living with a son in Kansas City, May 25, 1896. A classmate and relative. Prof. J. B. Sewall, writes : " He was constitutionally of a sunny and cheerful disposi- tion, very unselfish, benevolent to his own harm. These traits, backed by a conscience quick to respond to a sense of duty, made him a loved friend and a welcomed pastor. His religious life began at a very early date — in his boy- hood — and in its simplicity, purity, and steadfastness it was like the steady flowing spring, increasing in volume to its end. To preach the gospel of Jesus Christ was his love, and it was a gospel of love which he preached both in word and in deed to the end of his life." MINISTERIAL RECRUITS. 395 4. REV. JOHN HENRY DENISON, D.D. Born in Boston, March 3, 1841, but in his infancy the family removed to Roxbury. It is a tribute to the appro- priateness of Scripture texts in conspicuous places that he remembered very distinctly these words on the wall of a primary schoolroom : " To them who by patient con- tinuance in well-doing seek for glory, and honor, and immortality, eternal life." The family having returned to Boston, his more advanced education was pursued at Andover Academy, Williams College, and at Andover Theological Seminary for two years, followed by one year with Dr. Mark Hopkins. Pastorates have been held successively at South Wil- liamstown, Massachusetts; New Britain, Connecticut; Hamp- ton Normal School ; and Williams College. Two years were spent in foreign travel. Dr. Denison's mature life has been one continued struggle with inherited nervous infirmity, and prolonged illness has compelled retirement from favorite ministerial labors. He married a daughter of the late President Hopkins, and their only son is pastor of " The Church of Sea and Land," New York City. Dr. Denison's able pen has furnished contributions to various magazines. One volume also, entitled Chrisfs Idea of the Supernatural, has been given to the public. He holds firmly to the evangelical faith, particularly the divinity, the atonement, the resurrection, and the presence of our blessed Lord. His aim is a practical rather than philosophic presentation of the Keswick movement, an 396 ELIOT MEMORIAL. attempt to realize the Pentecostal gift in an all around forceful human life. 5. REV. GEORGE EDWARDS HILL. Mr. Hill, a son of Henry Hill, Esq., was born in Boston, November 3, 1824. His graduation from Phillips Academy, Andover, was in 1841 ; from Yale College in 1846; and from Yale Theological Seminary in 1849. He has had pastorates beginning at Manchester, Connecticut, 185 1; then at Sheffield, Massachusetts, 1855; at Saxonville, Massachusetts, in 1863; ^^ Southport, Con- necticut, 1870; at Pittsfield, New Hampshire, 1881 ; and was a stated supply elsewhere. From 1877 to 1880 Mr. Hill was in the employ of the American Missionary Asso- ciation at Marion, Alabama. From 1892 onward he has resided at Indianapolis, Indiana. Mr. Hill has been blessed in his labors, and has witnessed revivals of re- ligion, which were followed by gratifying accessions to the church. 6. REV. ISAAC C. WHITE. Abington was Mr. White's birthplace (February 24, 1822), though the family removed to Roxbury during his infancy. It is understood that Peregrine White, born on board the " Mayflower," was an ancestor. At seventeen years of age Mr. White joined the Eliot Church. In early boyhood he lost his own mother; but a most devoted Christian stepmother — one of many such in our land — MINISTERIAL RECRUITS. 397 was unwearying in prayer for him, and her influence was a manifest benediction. Passing through public schools here, including the Latin School, he entered Oberlin College, and graduated from that institution in 1845, ^^^ from the Andover Theological Seminary in 1849. From 1850, for ten years, Mr. White was a successful pastor in Abington ; then in Nantucket ; then for more than twenty years in Newmarket, New Hampshire ; and later was, for several years, pastor of the Scotland Church in Bridge- water, Massachusetts. Seasons of marked religious interest and fruitfulness occurred during this ministry, after one of which there was an accession of thirty-five members to the church, and after another an accession of forty-five. Upon a review of ministerial life Mr. White, notwith- standing some trials and perplexities, regards it as the most attractive, and the highest of all earthly callings. He rejoices with great joy in the privilege of preaching the "everlasting gospel." It has also been his privilege to part with a son, Schuyler S. White, for missionary service. The latter was born in Plymouth (1861); at thir- teen joined the church in Newmarket, New Hampshire; graduated from Harvard College with the class of 1884; and after teaching for a year in the preparatory depart- ment of Drury College, Missouri, pursued theological study at the Yale Divinity School, graduating in 1890. Ordi- nation soon took place, and under appointment of the American Board he sailed for Japan. After five years at Okayama he removed to Isuyama. 2g8 ELIOT MEMORIAL. Besides contributions to the weekly press, the follow- ing discourses of Mr. Isaac C. White have been pub- lished : Farewell Sermon at Abington, i860. Sermon on the National Crisis, i86r. Memorial of Perley W. Tenney, Newmarket, 1869. Semi-Centennial Discourse, commemorating the Organization of the Newmarket Church, 1878. Address at the Funeral of Hon. William B. Small, 1878. Address before the Gay Post of G. A. R., 1882. 7. REV. EVARTS SCUDDER. Third son of Charles and Jane Marshall Scudder, was born in Boston, January 2, 1832. The two Latin Schools, Boston and Roxbury, furnished initial classical training, and the two colleges. Harvard and Williams, furnished more advanced training, from the latter of which he graduated in 1854. After the usual theological course at Andover he spent a year in teaching, and was then installed pastor of the church in Kent, Connecticut, (1859). The eight years in that relation were followed by nine- teen of similar service with the Congregational Church in Great Barrington, Massachusetts. Mr. Scudder's health, which had never been very firm, failed sensibly a year before his decease ; and by the kindness of a parishioner he took a voyage to Europe in the hope of restoration. But disappointment ensuing, he died in a hotel one week after return to New York City, being unable to reach his home. Some of Mr. Scud- MINISTERIAL RECRUITS. 399 der's sermons were, by request of the parish, printed ; one of them, which was begun in Rome, had for its text, " I must work while the day lasts, for the night cometh wherein no man can work." That unfinished discourse was read at his funeral. 8. REV. ALEXANDER S. TWOMBI.Y, D.D. The Eliot Sunday School claimed Dr. Twombly as one of its pupils for a time. His birth in Boston dates from March 14, 1832. His three honorary degrees of A. B., A. M., and D. D. were conferred by Yale University, his graduation having been from the Boston Latin School (1849); from Yale (1854); from Andover Theological Seminary (1858). Dr. Twombly's successive pastorates were in connection with Presbyterian churches in Cherry Valley and Albany, New York, as well as Stamford, Connecticut, and the Winthrop (Congregational) Church, Charlestown, Massachusetts, the latter being the longest of the four (1872-1891). It is gratifying to think of him as preaching the gospel of peace on the ground where his great-grandfather, Capt. William Perley, led the Box- ford Company at the battle of Bunker Hill, eight of whose fifty men were lost in the redoubt under Colonel Prescott. The name of this ancestor appears on the tablet at Charlestown commemorative of that bloody day. Dr. Twombly also ministered (1894) to the Central Union Church, Honolulu, Hawaii, as acting pastor. In 1864, he was on the Christian Commission, serving at Fredericks- burg, Cold Harbor, and Washington. 400 ELIOT MEMORIAL. Among his literary labors are, Life of Dr. fohn Lord ; Choir Boy of York Cathedral ; Masterpieces of Michael Angelo and Milton ; also articles in the Century Maga- zine and Andover Review. He has been a contributor to the Congregationalist and the Watchman. 9. REV. FRANCIS BROWN PERKINS. Mr. Perkins was born in Boston, August 7, 1832. Upon joining the church in 1854, one feature of his tes- timony was substantially this : Ascribing the great spiritual change in his case to the Holy Spirit, evinced by simple reliance on Christ as Mediator and King, by a glad ac- ceptance of God's sovereignty, and by new tastes and aims. He graduated at our Latin School, at Williams College, and in 1858 at the Andover Theological Semi- nary. His first installation as pastor was in Montague, Massachusetts. After service as a chaplain of the Tenth Massachusetts Volunteers (i 863-1 864), and also as agent of the Christian Commission, he became pastor of the Mather Church, now Central Church, Jamaica Plain, and remained six years in that connection (i 864-1 870), which was followed by an agency, of four years, in behalf of the New England Branch of the American Tract Society. A pastorate of five years in Stockbridge, Massachusetts, and pastorates in California — brief on account of poor health — have been held. Besides contributing to papers and magazines, Mr. Perkins has delivered a course of lectures on foreign MINISTERIAL RECRUITS. 40I missions to students of the Theological Seminary at Oakland, California. His ideal of the Christian ministry — its spirit, method, sphere, limitations, expansions, and achievements — is found in Paul's condensed statement, " Separated unto the Gospel of God." 10. REV. EDWARD ANDERSON. Second son of Dr. Rufus Anderson, and born in Boston, November 19, 1833, was ordained October 13, 1858. Mr. Anderson has served as pastor or pulpit sup- ply in not less than fifteen different places, as follows: St. Joseph, Michigan ; Chicago, Illinois ; Michigan City, Indiana; East Cleveland and Ashtabula, Ohio; Jamestown, New York ; Olney and Quincy, Illinois ; Cleveland, Toledo, and Columbus, Ohio ; Norwalk and Danielsonville, Connecticut ; and again in Illinois ; also in Quincy, Massachusetts. In several instances the period was brief. In 1862, Mr. Anderson was an officer in the Union Army. I I . REV. ABBOTT ELIOT KITTREDGE, D. D. Dr. A. E. Kittredge was born in Roxbury, July 20, 1834. After studying at the Roxbury Latin School, Williams College, and Andover Theological Seminary, Dr. Kittredge was pastor of the Winthrop Church, Charlestown (1859-1863); spent fifteen months in Europe and the East ; preached for six months in San Francisco ; was in charge of the Presbyterian Church, East 55th 402 ELIOT MEMORIAL. Street, New York (1865-1870); and of the Third Presby- terian Church, Chicago (1870-1886); has been pastor of the Madison Avenue Reformed Church, New York, since 1886. Dr. Kittredge states that his grandmother prayed him into the ministry ; and that, hard as its duties are, he accounts every one of them a privilege. Writing on my eighty-sixth birthday. Dr. Kittredge says : " I want, my dear pastor, to express to you how much I am indebted to your faithful interest in me, and to your preaching of the Word. I remember perfectly when you came to Rox- bury, remember your ordination, and I can recall many of your sermons, though sometimes I confess I used to get my head in mother's lap, and sleep through the ser- vice. I can recall the days when you stayed at our house, and our happiness in listening to your words as we learned to know and love you. In fact, next to my father and mother, you have done more for my spiritual character, more in shaping my life, than any one else, and I wish to assure you of my gratitude, and of my love for you, and my earnest prayers, that in the autumn of your earthly life there may be always an increasing joy and peace, as you walk leaning on the Beloved." 12. JAMES WINCHEL CRUSH. Of those born in Roxbury who have entered the ministry, Mr. Crush was one; and between 1831, the year of his nativity, and the fatal paralysis of 1896, there were MINISTERIAL RECRUITS. 403 sixty-five years. During that period he exhibited, to an unusual degree, amiabihty, modesty, and fidelity in various relations. But at seventeen he became deeply convinced of heart-sinfulness, and the need of regeneration by the Holy Spirit ; desires for pardoning grace and for holiness were awakened, and after a time he made public profes- sion of faith in Christ. Preparatory studies were pursued at the East Windsor Hill Academy, Connecticut, and he graduated from Williams College, 1858. For pecuniary reasons he engaged in teaching at two different times, first as principal of the academy in Spencertown, New York, and afterwards as principal of a similar institution in Canton of the same state (1861 to 1864). Having in the meantime spent two years at the Theological Institute of Connecticut, he was ordained at North Potsdam, New York, 1864, afterwards becoming pastor at Hopkinton (1866 to 1872); then successively at Chateau, Cambria, and Perry Centre, New York. Failure of health in 1893 obliged him to give up ministerial labors. He was regis- trar, for eight years each, of the Ontario and Wyoming Associations. Large delegations from his former parishes came to his funeral, and their presence testified with emphasis to his worth.' Mr. Crush carried through life a warm attachment for the Eliot Church, and in 1892 took special pains to be present at the Jubilee. After referring on that occa- sion to the fourteen individuals who had become ministers * Hartford Seminary Record. Vol. VII. No. 4. 1897. 404 ELIOT MEMORIAL. of the Word, he closed by saying : " Such are some of the trees that have grown from seed planted by the teachings of this fruitful pastorate. Who can tell what a power for good such an institution as Olivet College has been, and may continue to be, sending forth year by year young men and women to be ministers and teachers, physicians and missionaries, each of whom shall become in turn a center of influence to be multiplied indefinitely.'* Who can compute the influence of a professorship in a theological seminary, or of a single pulpit, in building up the cause of Christ in the world .? Yet this power in all these varied directions has been exerted by this church, in this pastorate, through these standard-bearers in their respective fields. And when all these influences shall have been exerted to their utmost limit, and when the harvest shall come and all the sheaves shall be gathered into the garner, then will we all be glad indeed to have our beloved pastor of fifty years tell us what is his 'joy and crown.' But then we shall unite in singing in more perfect harmony than is possible here, ' Unto him that loved us, and washed us from our sins in his own blood, and hath made us kings and priests unto God and his Father; to him be glory and dominion forever and ever.'" 13. REV. ISAAC CURTIS MESERVE, D.D. The Meserves came from Jersey, one of the Channel Islands, where the name is spelled Messervy. Roxbury was Mr. Meserve's birthplace, March 27, 1847. After en- MINISTERIAL RECRUITS. 405 joying the advantages of our public schools, and having joined the Eliot Church (1866), he graduated at the Hart- ford Theological Seminary (1869). He was soon called to the pastorate of the Congregational Church in Port- land, Connecticut, and two years later to the same relation to the State Street Church, Brooklyn, New York. Instal- lation as pastor of the Davenport Church, New Haven, Connecticut, took place in 1874, where he remained for twenty-three years and over. During that time there was an accession of a thousand and fifty members, a majority of them on confession of faith. Dr. Meserve is now in charge of the Craven Hill Congregational Church, London, connected with which are important members in public life, two of them members of Parliament. It is a gratifying recollection that Mr. Meserve, accompanied by his father and a brother, called at my house to take counsel in regard to his preparing for the Christian ministry. He is probably now the only son of New England who holds a pastorate in Old England. 14. REV. ALFRED HENRY HALL. Like a good many others, Mr. Hall's bright and use- ful career was arrested at meridian. Many were the friends who remarked at once. How mysterious ! He was a son of Deacon Samuel W. Hall, and was born in Boston March 7, 1845. Our Roxbury Latin School gave him preparation for college, and he graduated at Harvard with 4o6 ELIOT MEMORIAL. the class of 1867. From early childhood he had been in the habit of formally repeating prayers ; but during college life and in connection with the earnest appeal of a fellow- student, there came a religious crisis, and religious exer- cises took on a new character. After graduation from college, two years were spent as tutor of a young man traveling in Europe. A visit to Egypt and Palestine having been made, he studied at Andover, graduating from the Theological Seminary in 1873. Then came a pastorate of four years with the First Congregational Church, Meriden, Connecticut, followed by a similar ser- vice with the Centre Church of that city, from 1880 to his decease, 1891. He was an earnest, energetic, cheer- ful, high-minded man. He contributed articles to religious periodicals, such as the Sunday School Times and the Bibliotheca Sacra, as well as to secular journals. He de- livered lectures before the Meriden Scientific Association. There was an obvious fitness in Mr. Hall's being one of the delegates to the International Congregational Council in London (1891); and his sermons during the visit to Plymouth, England, were recognized as impres- sive. Ancestral element as well as local memories con- tributed inspiration. On his mother's side Mr. Hall came of Massachusetts Plymouth stock, she being a lineal de- scendant from John Alden. Her paternal grandfather, Abraham Knowlton, was an officer in the Revolutionary War and suffered losses by the battles of Bunker Hill and Lexington. It is noteworthy that both lines of Mr. MINISTERIAL RECRUITS. 407 Hall's ancestry have, through successive generations, fur- nished deacons, Sunday School superintendents, and active workers in Congregational churches. 15. REV. GEORGE ROSS HEWITT. He is one of a considerable number who have been welcome accessions from Scotland. Glasgow was the place of his nativity, November 4, 1851, though it was not till 1869 that he came to Boston. Here he found not only an adopted country, but adoption into the household of faith. As is not unfrequently the case, new spiritual life brought with it seemingly new intellectual life, a waking up of the mental faculties, which was scarcely less marked than the changed direction of their activity. Works of fiction gave place to religious reading, and above all to the Bible. Some of the books read had quotations and foot-notes in foreign tongues, which served to tantalize and at the same time to awaken a strong desire for a knowledge of Latin, Greek, and French. It was sug- gested to him that at Phillips Academy, Andover, he would find the desired instruction, and perhaps he might be called to the Christian ministry. Three years were accordingly spent there, and the full college course taken at Harvard College, where he graduated in 1883. The usual curriculum at the Hartford Theological Seminary served to check and correct an obliquity touching lib- eralism, so called, to which, perhaps, all are liable at Harvard. 408 ELIOT MEMORIAL. Mr. Hewitt's first installed pastorate was in North Bennington, Vermont; next one of about five years, in connection with the First Church, West Springfield ; and in 1894 he came to the Calvinistic Congregational Church in Fitchburg, He now supplies the pulpit of the Eliot Church, Lowell, Massachusetts. " With my whole heart," says Mr. Hewitt, " I thank God that I am where I am, and it is all by his grace that I am what I am." He has not ceased being thankful that, contrary to his purpose at the outset of preparation for the ministry, in- stead of a short course on account of his age, he was advised and followed the advice to take the more usual and completer course of study, which he would recom- mend to all under similar circumstances. It may be added that it was the writer's practice when visiting our Sunday School, to remind teachers that the school should be not only a nursery for church mem- bership, but also for the Christian ministry, both in home and foreign service. There was occasional remembrance of this subject in public prayer. It is also well to aid, by loans without interest, or in other ways, young men of promise, who seem to be called of God to prepare for the sacred office. Less than a year ago I received a let- ter from Dr. Edwards A. Park, in which he gives the following incident. Referring to the Rev. William Green- ough of Newton, Massachusetts, Dr. Park says: " Pro- fessor Shedd was the son of a man resident in Newton, and Mr. Greenough interested himself in sending the MINISTERIAL RECRUITS. 409 boy to college, and he defrayed part of his expenses at college. The boy was named William Greenough Thayer Shedd. Professor Stowe was the son of a farmer in Natick, near Newton. Mr. Greenough interested him- self in Stowe's obtaining an education with the hope of his becoming a minister. The three Andover professors were conversing together when Shedd made the remark, ' But for Father Greenough I should not have been a minister.' I said, ' But for Father Greenough / should not have been a minister.' Professor Stowe said, ' How is that ? It was Father Greenough who made me a minister.' " CHAPTER XXVII. MINISTERIAL COLLEAGUES. I. MRS. HANNAH C. BOWLES WOLFF. Eldest daughter of Stephen J. Bowles, and born in Machias, Maine, 1827. Her family Bible, as well as other sources of information, traces her lineage to Sarah Eliot — a granddaughter of John Eliot, the Apostle so called, — who married John Bowles of Roxbury. Mrs. Wolff's education was pursued here; and like a good many other young women, she studied Latin as well as modern lan- guages and history with Mr. Charles K. Dillaway. Atten- tion was also given to painting in oils. She joined the Eliot Church in 1850, and the same year married the Rev. Philip Wolff, a Genevese clergyman, who came to this country to labor among the French people. After a year's residence in New Orleans her doctor insisted that she could not live in that climate, and the family removed to Montreal, where Mr. Wolff was for a time pastor of a church and had a missionary agency among French Canadians. In 1868 the family went to Europe and re- mained two years. Upon their return one of the two sons entered Amherst College, and the mother died in Amherst, June 17, 187 1. She was a woman of marked excellence of character, and was much beloved by those who knew her. That son. Dr. Henry A. Wolff, has been MINISTERIAL COLLEAGUES. 4II a practicing physician at Kimberley and elsewhere in South Africa. The other son is a professor in Cambridge Uni- versity. The Wolff family lived in the Palatinate and Alsace. Mr. Philip Wolff's father was an aid and military secre- tary to Napoleon in the earlier period of his campaigns, but withdrew and settled in Geneva, Switzerland, where he married; and with Malan, d'Aubigne, and other Prot- estants, was devoted to the interests of the ^glise Libre. 2. MRS. SARAH P. GULLIVER PRATT. Mrs. Pratt is a descendant of Anthony Gulliver, who emigrated to New England and settled at Braintree, Massachusetts, in 1645. '^ noteworthy incident is found in the annals of this ancestry. Her paternal grandfather, who was actively engaged throughout the Revolutionary War, was one of the " Minutemen " in the battle at Lex- ington, and her maternal grandmother, then a little girl, was occupied all that day in carrying food and coffee to the " Minutemen," Gershom Gulliver one of them. Some years afterwards she married Henry Putnam, a nephew of General Israel Putnam. Readiness to serve others and to serve their country has characterized descendants from that union of families which were thus represented on the memorable nineteenth of April, 1775. Happily such service has in later years been, for the most part, in the line of peaceful ministries. Her father, Mr. John Gulli- ver, a Boston merchant, was well known as a man of o-reat kindliness and benevolence. o 412 ELIOT MEMORIAL. Mrs. Pratt's birth and education were in Boston. The family having removed to Philadelphia, the only daughter, Sarah Putnam, there married Rev. Dr. Lewellyn Pratt, who, after graduating from Williams College (1852), taught the deaf in Philadelphia and Washington. He became a professor in the Gallaudet College at the last named city; then a professor in Knox College, Illinois, after which he was installed pastor of the Congregational Church at North Adams, Massachusetts. The five years in that position were followed by successive services as professor of rhetoric in Williams College, professor of practical theology at the Hartford Theological Seminary, and pastor of the Broadway Church, Norwich, Connecticut, from 1888 onward. In all these relations Dr. Pratt has had an " Help meet for him," and the same may be said of other ministers whose names here follow. 3. MRS. SUSAN M. HUNTINGTON PERKINS. Mrs. Perkins, who came of a long line of honored Christian ancestry, including John Eliot on the mother's side, and Governor Trumbull, of Connecticut, on the father's side, was born in New York City, June 22, 1835. When the family removed to Boston (1850) she attended the private school of Rev. Solomon Adams for a time, and afterwards, for three or four years, that of Mrs. Prof. B. B. Edwards in Andover, who always spoke of her with the greatest interest. She was baptized in infancy under the name of Susan Mansfield, thus reminding of MINISTERIAL COLLEAGUES. 413 her maternal grandmother, wife of the Rev. Mr. Hunting- ton, pastor of the Old South Church, whose memoir was written by Dr. Wisner. In traits and excellence of char- acter Mrs. Perkins resembled that grandparent. From early childhood she exhibited rare amiability, unselfishness, and conscientiousness. The parents had no occasion to reprove her for known indulgence in wrongdoing, and they regarded her as a Christian from the days of infancy. A more lovely young woman never joined the Eliot Church, nor perhaps any other church. In 1859 she became the wife of Rev. Francis B. Perkins, who held pastorates successively in Montague, Jamaica Plain, Grantville, and Stockbridge, Massachusetts; also at different places in California. As might be ex- pected, she was discreet, faithful, and earnest, deeply interested in the Woman's Board of Missions, as well as other benevolent objects, and led her four children not only to reverence, but to love the Lord's Day. Final sickness came in May, 1878, and she could say most sincerely : " I know not the way I am going, But well do I know my guide." 4. MRS. ELIZABETH G. STRONG. The only daughter of Rev. David M. Mitchell, and was born in Waldoboro, Maine. At ten years of age she became hopefully a Christian, and later joined the High Street Church in Portland, then in charge of Dr- 414 ELIOT MEMORIAL. John Chickering. The family removed to Roxbury in 1852, and became members of the Eliot Church. The pastor and committee were impressed by thie bright and cheerful tone of Miss Mitchell's piety, evidently colored by the very pleasing qualities of native character. Among noteworthy statements made at the time were such as these: "Increasingly deeper conviction of sin;" "Enjoy- ment of self-denial in the service of Christ." As the wife of Dr. E. E. Strong she had great enjoy- ment and usefulness during his six years' pastorate from 1859 onward, at South Natick ; and after that the twelve years' pastorate in Waltham. Then came Dr. Strong's valued service — now for a score of years — in connection with the American Board. Mrs. Strong had been made a life member of the Woman's Board of Missions soon after its organization, and in 1880 was elected to its Ex- ecutive Board, of which she is a vice-president. As one of the designated correspondents, she has come into familiar personal relations with about two-score ladies in foreign lands. 5. MRS. SARAH ELIZABETH BOARDMAN. Sarah Elizabeth Greene, a daughter of the Rev. David Greene, was eleven years of age when the family, •owing to the state of Mr. Greene's health, left Roxbury (1849), which was her native place. The destruction of their house by fire at Westborough, three years later, occasioned their removal to Windsor, Vermont, where MINISTERIAL COLLEAGUES. 4x5 her first church connection was formed (1853). In 1861 she became the wife of Rev. Samuel W. Boardman, at that time Professor of Rhetoric and Metaphysics in Mid- dlebury College. The next year he was called to the pastorate of the Second Presbyterian Church, Auburn, New York, a relation which continued for sixteen years. Other similar relations were formed elsewhere, but after serving six years as pastor of the Presbyterian Church in Stanhope, New Jersey, Dr. Boardman resigned (1889) to become President of Maryville College, Tennessee, a position still held. Mrs. Boardman speaks of an abiding affection for the Eliot Church and its pastor; and among other things, mentions a certificate of having learned the Assembly's Shorter Catechism before leaving Roxbury. 6. MRS. HANNAH T. FENN. A daughter of Mr. John A. McGaw, who was promi- nent among the early members of our church, and a grandson of one of the signers of the Declaration of Independence. On the mother's side, Mrs. Fenn is a descendant of Major Goffe, for whom Goffstown, New Hampshire, was named. She was born in Boston ; at- tended Dr. Bumstead's private school in Roxbury, and afterwards (1848) the Spingler Institute in New York. In 1862 came her marriage to Dr. William H. Fenn, a native of Charleston, South Carolina, a graduate of Yale College and Andover Theological Seminary, whose first pastorate 41 6 ELIOT MEMORIAL. was one of eight years with the Franklin Street Church, Manchester, New Hampshire, followed by his service in Portland, Maine, as pastor of the High Street Church, from 1866 to the present time. His immediate predeces- sor. Dr. Chickering, was in the same connection for thirty years, while Dr. Fenn has already remained there for a third of a century — pastor and people an ensample all too rare at this day. Since fifteen years of age, Mrs. Fenn has taught in Sunday Schools, the first being a German Mission School in New York. Dr. John Hall of New York, finding her still with a class in Portland, said, " I am glad, Mrs. Fenn, to see you in your proper place, where you belong." In childhood, at the Eliot Church she heard a good deal about foreign missions ; and sitting beside her father at church, was not a little interested to see him sign slips for subscription to that cause when they were passed around. For a quarter of a century Mrs. Fenn has been the valued President of the Maine Branch of the Woman's Board, and is also President of the Board of Managers of the Portland Orphan Asylum, and holds official positions in other connections. 7. MRS. MARY ANDERSON STREET. Daughter of Rev. Dr. Rufus Anderson, Roxbury being the native place (1838); educated at the Roxbury High School and the Young Ladies' School of Miss Hannah Lyman, Montreal, Canada; and united with the MINISTERIAL COLLEAGUES. 417 Eliot Church in 1858. Though religiously trained, there had been no real love of religious duties till there came a great change, attributed to the Spirit and grace of God. Novels then lost their charm, the Bible became a new book, and service rendered to the Master became a joy. As the wife of Rev. George E. Street she has had acquaintance with pastoral life, first in Wiscasset, Maine (1864-187 1), and then in Exeter, New Hampshire, from 187 1 onward. Service in the same connection for nearly thirty years is one of comparatively rare occurrence at the close of this nineteenth century. Mrs. Street holds the pen of a ready writer. Among published productions, and before marriage, she wrote, after accompanying her parents on their ofificial visit to the Pacific, Scenes in the Hawaiian Islands and California. Recently appeared, The Street Genealogy, a work of over five hundred pages, with several illustrations, being a history of Rev. Nicholas Street — one of the founders of Taunton, Massachusetts, and of New Haven, Connecticut — and his descendants, as well as others bearing the same name. 8. MRS. JANE PERKINS CHILDS. Mrs. Childs is of the old New England stock, a descendant from Quartermaster Perkins, who came with his father and brother to Boston in 1629. They were fellow-passengers with Roger Williams. From that day to the present the head of each family in direct descent has been a church member. Her parents were Benjamin 4l8 ELIOT MEMORIAL. and Jane Lawrence Perkins, prominent members of the Eliot Church; and Boston was her native place (1829). Her public profession of faith in Christ was in 1845. ^^ the time of her marriage to the Rev. Thomas S. Childs, he was pastor of the First Presbyterian Church in Hart- ford, Connecticut ; then professor in the Hartford Theo- logical Seminary (1871-1878) ; afterwards he became pastor of the First Congregational Church, Norwalk. Later he entered the Episcopal Church, and by re-ordination entered its ministry. Their residence is in Washington, District of Columbia, and Dr. Childs superintends the home missions of that diocese. 9. MRS. CAROLINE FORBES PENNIMAN. Younger daughter of Edwin and Charlotte S. Forbes, and Roxbury the place of her nativity. She became the wife of Rev. H. M. Penniman, who graduated at Brown University ; and then at Andover Theological Seminary (1882). He was ordained, and installed pastor of the First Church, East Derry, New Hampshire, and after- wards ministered to the Tabernacle Church, Chicago, Illinois, and to the Congregational Church of Keokuk, Iowa. In 1895 he received appointment to the professor- ship of Christian Evidences in Berea College, Kentucky. Mrs. Penniman has met with the experiences of sickness, and other trials, as well as the enjoyments usually found in such colleagueship with the ministry. MINISTERIAL COLLEAGUES. 419 10. MRS. ANGENETTE F. TINKHAM HAMILTON. It is often said that a pastor should never wed within the limits of his parish. If all such cases resulted as did that of Dr. B. F. Hamilton, we should hear the converse maxim — let the minister always look within his church for a wife. A five years' acquaintance brought this happy union about on the twenty-first of June, 1876. Mrs. Hamilton, the only child of Capt. Benjamin C. and Cynthia Tinkham, was born in Middleborough, 1852, and for the remaining twenty-one years of Dr. Hamilton's pastorate approved herself as the devoted and discreet wife, mother, neighbor, and church member, faithful and efficient in various relations and local offices. She pub- licly confessed Christ at the same time as her father, join- ing the Village Church, Medway (1868), and uniting with the Eliot Church by letter, at the same time as both parents, March 3, 1871, eight months before the close of that period which has been specially under review in these sketches. Domestic life has not been free from trials in the line of ill-health and bereavements; but paro- chial life has been unusually free from criticism. CHAPTER XXVIII. YOUNG WOMEN. It is impossible to speak of them without deep emo- tion — the group was so large, so lovely, and nearly all of them exhibiting such well-defined marks of divine grace. More tears were probably shed over their removal than that of any other equal number belonging to any different class. We followed them, one by one, down to the valley, some of them faltering at times a little, yet in the main firm, as they found and leaned on the Beloved. How often have we looked over to the other side, and seen them walking along the banks of the river of life — their forms dilated to a heavenly stature, every movement in- stinct with celestial grace, every feature radiant with holy delight ! What strains of heavenly harmony we seemed to hear from them! Mothers in Israel have stepped forth to greet them. Rachel, long since comforted, and her tears all gone, has welcomed them. To the Elder Brother they have kneeled, saying, " All hail ! " Among them was many a Mary who had chosen the good part. Now and then a sudden summons was heard, " The Master has come, and calleth for thee." Several times I was reminded of a daughter of the excellent Bishop Lowth, presiding at the tea-table, and as she placed a cup on the salver, said to the waiting-maid, "Take this to the Bishop of Bristol," when her hand YOUNG WOMEN. 421 dropped, and she instantly expired. One such, for in- stance, was Elizabeth F. Morse, who left us suddenly (July 6, 185 1), at twenty years of age. She had not put off the one thing needful. It was noticeable that for a month previous she often sang the lines: "What is life? 'T is but a vapor; Soon it vanishes away ; Life is but a dying taper ; O my soul, why wish to stay? Why not spread thy wings and fly Straight to yonder world of joy ! " It was on a bright day and amidst a profusion of roses that she fell asleep. In the course of the two pre- ceding months six from the circle of our young ladies had fallen beneath the great mower's scythe. I. MARIA ANTONIA MARTINA ECHEVERRIA. She was born at Matanzas, island of Cuba, 1820. Her father was a native of Florence, Italy, and her mother, Sarah Newell, was a native of Marblehead, Mas- sachusetts. At six years of age she came to New England, and remained here twelve years, being educated in part at Bradford Academy. She made public profes- sion of her Christian faith, and united with this church at eighteen. After returning to her island home she twice revisited New England. Miss Echeverria was a brilliant young woman, sprightly, and with a countenance peculiarly pleasing. But pulmo- 422 ELIOT MEMORIAL. nary consumption pays no regard to youth or beauty, and in 1844 (July 19) this young friend died at the Cafatal San Antonio. From the ranks of our young women she was the first to lead the way to " the land that is very far off." It is sad to think that the booming of hostile guns in our late war should have been heard over her resting-place in the cemetery of Carnarisca. 2. CHARLOTTE H. BAKER Was one of the most faithful and devoted of our Christian young women. Her own decline began soon after the very sudden decease of her sister, Mrs. Dickin- son. Months of increasing debility and suffering passed before the time for final farewells came (1848). She prayed aloud for the family, for other friends, — mentioning each by name, — for her Sunday School class, her pastor, a perishing world, and last of all, for herself. In clear, sweet strains she sang the entire hymn : "I'll praise my Maker with my breath; And when my voice is lost in death, Praise shall employ my nobler powers." Just as flesh and heart were failing she said to her class, who had come in a body to take leave : " This is to me a solemn day. I am expecting every day to launch into eternity. The world seems of little value ; my account is closed up. My sorrows here are over. What could I do now without Christ ! I wish all my class to know YOUNG WOMEN. 423 that I die a poor, helpless sinner, looking to the cross of Christ as my only hope. " ' In my hand no price I bring, Simply to thy cross I cling.' " I have not been faithful to you, and yet I have loved you and have labored and prayed for you, and dur- ing the last year have been more than ever anxious for the salvation of your souls. I consecrated myself to God to do everything for you if you would only become Chris- tians, and I had hoped to live to see you such. I warn you not to put off the time of repentance for a sick-bed. It is a poor place to prepare for death. I shall not meet you here again. When you next look upon me I shall be cold in death. But I expect to meet you at the bar of God, there to render up my account." 3. EMELINE SILSBEE AND 4. CHARLOTTE R. STEELE. Within one week in October, 1848, two young ladies, Miss Emeline Silsbee and Miss Charlotte R. Steele, finished their course. Each was the victim of the same fatal disease that baffled the skill of physicians and the assiduity of friends. To the former, two years, with their wearisome days and nights, were appointed. Patient Chris- tian endurance continued through the whole. Just as night, a dark and stormy night, closed in, she fell asleep. 424 ELIOT MEMORIAL. The second of those mentioned above, whose decease was so nearly simultaneous, came to us bringing decided symptoms of the same malady. She belonged to an ex- cellent religious family ; and with clearly intelligent trust, she committed herself, for time and for eternity, to the gracious Saviour. A written confession of her faith was communicated to the church, which welcomed her to its fellowship. The next Lord's Day, in an upper room, about the same number being present as when Christ instituted the supper, she received the emblems of his body and blood. The very next morning she rose, as we trust, to the personal presence of our glorified Redeemer, to exclaim, " Rabboni ! " In each of those upper rooms I caught from the faint and labored breathing a message for surviving young acquaintances. The marble lips bade me tell them : " The sick-bed is no place to prepare for death ; it is a serious thing to live ; it is a dreadful thing to live far from God, and to reject the great salvation. Oh, the love of God! Oh, the love of Jesus ! " Each of the two upper rooms was apparently quite on the verge of heaven. I seemed to go hand in hand with those choice young friends to the gate of Paradise. As the gate opened and they passed in, I heard a voice saying, " Come and see ! " So have I seen a bird escape from its cage, mount upwards, and carol, and clap its wings in joyful freedom. YOUNG WOMEN. 425 5. ELIZA HILL ANDERSON. Her features, her mental endowments, and her traits of character were sure to attract attention and to awaken an interest more than usual. It was in the summer of 1847 t^^^ ^^^ made public profession of religious faith. It is not often that a miss of sixteen gives such decided testimony as she did. Though characteristically modest, she said in the presence of our church officers and in a clear, firm tone, " My chief aim is to serve God ; My desire to become holy in heart and life is greater than any other." A little more than two years later and close upon her eighteenth anniversary of birth, she joined the assembly where the refrain of social worship is, " Holy, holy, holy. Lord God Almighty ! " The tree which she planted in front of the house, and which the family called " Eliza's tree," now casts its shadow into the upper room, where she gradually wasted under irremediable phthisis, and at length closed her eyes on the 12th of December, 1849. I have seldom, during the last fifty years, passed under that graceful tree with- out looking up at it as an emblem of the charming daughter who planted it there. Conversations with her on many sacred subjects, with reference to many individuals, led me the next day follow- ing her funeral, in a sermon on the " Raising of Jairus' Daughter," to say to Eliza's companions: " I cannot close, young ladies, without addressing a word specially to you. God speaks to you. He spoke 426 ELIOT MEMORIAL. to you last week; he has been often speaking to you. During the time of my pastorship, as yet brief, it has fallen to me already to attend the funerals of fourteen of your number. I must press upon your attention the fact that, once dead, you are to rise again — that you, yon^ my young friends, are to rise again; that each of you will hear Christ's omnipotent Talitha cumi sounding through the world of spirits, for 'All that are in their graves shall hear his voice and shall come forth.' That maid of Capernaum had two seasons of probation; you will have but one. When you come forth it will not be in your present homes. ' After death is the judgment.' ' Some shall wake to shame and everlasting contempt' Ponder it, ye gay, ye thoughtless ones, ponder it. A short time before her death, Princess Amelia penned these lines: " Unthinking, idle, wild, and young, I laughed, and danced, and taught, and sung, And, proud of health, of freedom vain. Dreamed not of sorrows, care or pain. Concluding in these hours of glee. That all the world was made for me. But when the hour of trial came, When sickness shook my trembling frame. When folly's gay pursuits were o'er, And I could dance and sing no more, It then occurred how sad 't would be. Were this world only made for me." Alas, that it had not occurred to her before! Turn now to the testimony of an accomplished daughter of YOUNG WOMEN. 427 Baron Cuvier : " I experience," she said, " a pleasure in reading the Bible which I have never felt before. It at- tracts and fixes me to an inconceivable degree, and I seek sincerely there, and only there, the truth. When I com- pare the calm and the peace which the smallest and imperceptible grain of faith gives to the soul, with all that the world can give of joy and happiness, I feel that the least in the kingdom of Heaven is a hundred times more blessed than the greatest and most elevated men of the world." Hers is not a voice from a convent or an almshouse ; it is not the language of one whom the world had dis- appointed and who seeks consolation from religion because every other source of happiness has been cut off. No, it is the experience of a young lady at the very center of all that could dazzle the mind and fascinate the imagina- tion in the gayest, the most brilliant city of Europe; whom the world, in the most alluring forms, was per- petually assailing and seeking to captivate. 6. MARCIA EVELINA ATKINS. Peculiarly amiable and lovely, she had from child- hood maintained secret prayer habitually, and, so far as outward life furnished evidence, would be pronounced a suitable candidate for church membership. But when she came to scan herself seriously, she found, as such not in- frequently find, that she had a rebellious heart ; that her sins were numberless ; that she had no real love to God and no true penitence. The broken and contrite spirit 428 ELIOT MEMORIAL. followed, with entire reconciliation to the character and ways of God and a trustful looking unto Jesus, the author and finisher of our faith. Two years of church life wit- nessed sanctified amiability. But she was obliged to relinquish teaching in the Sunday School, and surrender to a wasting disease (1854). Spiritual experiences, how- ever, grew stronger and stronger. " You know," she re- marked, " what a very great dread I have always had of the grave, and of everything connected with it, apart from the solemnity of death itself. That is entirely taken from me, and although I have so much to live for, and should be so happy in life, yet the grave looks pleasant to me, and if God sees it to be best, I am perfectly will- ing to go." She spoke of dying as one would of going on a journey. Her cheerfulness, in view of all that re- lated to death and the grave, was the more remarkable, as in health she could never visit the cemetery without shuddering at the thought of being interred there. But she could, at length, say to her mother, " I want you to come often to my grave, and let your visits to it be cheerful, not sad ; make it a resort in your happy hours ; do not come when you are sad." " Why do you weep ? " she inquired ; " I am going home." 7. ANN MARIA BOND. It was in the early summer of 1853 that this daughter of Mr. Richard Bond — a prominent member of the church — at the age of twenty, bade good-by to the family and to me. She was the victim of a lingering con- YOUNG WOMEN. 429 sumption, during which the evidence of a saving change of heart came to light with more than usual clearness. To all appearance, penitent conviction of sin was un- mistakable, as also was justifying faith in Jesus Christ, followed by cheerful submission to the divine appoint- ment of sickness and early death. She had had excel- lent home instruction as well as in the Bible Class of Mr. J. S. Ropes. Lord's Day morning, before her departure, she in- quired about the probable time of that event, and was told that the physician thought it might come at any time in the near future. " Then," said she, " I may spend the next Sabbath in heaven." Her last words were, " Dear father, precious mother, precious, precious Saviour ! " 8. CAROLINE W. BOND. Died suddenly August 20, 1857. She had been visit- ing friends at Conway, her father's native place ; returned home of a Wednesday, and the next day entered the home on high. Miss Bond was an unusually conscien- tious young woman, free from frivolities, adhering firmly to principle, punctual to engagements, and respected as a consistent Christian by all who knew her. She was one about whom criticism never lisped. To her Sunday School class she was noticeably devoted. The last time that I saw her she was on the way to the Young Ladies' Prayer Meeting. From near the earliest invasion of disease, typhoid 43° ELIOT MEMORIAL. fever, her mind wandered. Just before spasms began she broke out : " Glory to God in the highest ! Peace on earth ; good will to men — forever and ever ! " The last use that she made of the pen at Conway was to copy Mrs. Browning's impressive hymn on the words, " So he giveth his beloved sleep." Against the following stanza she drew a heavy pencil-mark in the margin : " And friends, dear friends ! when it shall be That this low breath is gone from me, — When round my bier ye come to weep, Let one, most loving of you all, Say — 'Not a tear must o'er her fall,' — ' He giveth his beloved sleep.' " 9. ANN BELL. A member of Mr. Walley's Bible Class, who died May 2, 1858. Her funeral was from the church. Two years before that she stood where the casket then stood, publicly professing faith in the atoning and risen Redeemer. Her recorded testimony was that she had no merit and no hope except through the interposition of Jesus Christ; that the thought of him was peculiarly delightful to her; that her desire was that others should come to him, and find the same blessings she had found ; that the Bible was the choicest of books ; that daily prayer was her practice and her pleasure. Her Christian character and course were unobtrusive and unexceptionable. In sickness there were neither raptures nor fears, but she expressed YOUNG WOMEN. 43 I complete acquiescence in the will of God, and maintained an abiding, quiet trust while sinking gently asleep in Jesus. And who are they " which sleep in Jesus ? " They who have believed in him to the saving of their souls; who were justified through him, affianced to him, vitally united to him, and assimilated to him. The body being left in the great dormitory of earth, they pass beyond the portal of the grave, and bidding good night to all this side, they hear a good morning the other side. Dying is but a dim, brief trance between time and eternity. Worry, and weariness, and dreams are at an end. As the first rays of a resurrection-day light began to brighten the firmament, amidst the solemn stillness of that hallowed dawn, broken only by the sweet matins of May birds. Miss Bell awoke, we doubt not, in the heav- enly home. CHAPTER XXIX. HONORABLE WOMEN. Of these not a few. It is to be noticed that at the dawn of the present dispensation the first two visions of angels were in the experience of women ; that the first two announcements of Christ's resurrection were made to women, and that after he left the tomb his first two appearances were also to women. In the fourth century of our era Libanius, though an enemy of Christians, exclaimed, " Ah ! what wonderful women there are among the Christians ! " With no less emphasis may the same be said in our day. In the Eliot Church, as in most other churches, the female membership is in the majority. Such was the case at first ; of the fifty-one original mem- bers only twenty were males. In the year 1899 the female members of all Congregational churches in our country numbered well on towards twice as many as the male members, 416,041 against 212,193. ^^ this church the predominance spoken of seemed the more noteworthy, as the parish was by day chiefly a parish of women, little business being done here, and the men, with few excep- tions, being in town between the morning and evening meals. In previous chapters, which speak of missionaries, ministerial colleagues, artists, and deaf-mutes, are those belonging alike to the present category. Others not yet HONORABLE WOMEN. 433 mentioned fall into representative groups. Here may be found the prayerfulness of Hannah, the devotedness of Ruth, the discreetness of Abigail, the devout waiting of Anna, and the self-forgetting fidelity of Mary. The Lydia at prayer meetings and the Dorcas of good works are here. I. MRS. MEHITABLE GROZER KITTREDGE. Early efficiency and growth of the church were due in no small degree not only to the senior deacon, Mr. Kittredge, but also to Mrs. Kittredge. Her untiring energy and cheeriness helped greatly to animate and brighten the enterprise. She was born in Truro, Barn- stable County, February 28, 1803. Her girlhood was one of gaiety; but the first general revival in Park Street Church (1823), which added about ninety converts to its number, recorded her and two of her sisters among them. Character and life took on a new form ; and thence on- ward the kingdom of our Lord had a large place in her heart and her activities. When the Eliot Church was organized, the council — pastors and delegates — were entertained at her home, where thenceforward a large hospitality was maintained. Theological students were frequent guests, among whom, for weeks, was Henry Lyman, afterwards one of the two missionary martyrs in Sumatra. Ministers and missionaries often found welcome there. Many a committee meeting, many a prayer meeting, many a Dorcas gathering were held there, as well as the Maternal Association, with an 434 ELIOT MEMORIAL. attendance sometimes of sixty persons. Of the fourteen hundred church members up to the time of her decease, no one had been more loyal to its interests, more uni- formly present at its gatherings, or taken active part more readily in its exercises. Mrs. Kittredge's married life lacked only one year of half a century ; and during that period probably no one ever visited the home on High- land Street without finding it well ordered. On the Lord's Day was a secular book or paper ever seen in her hand, or on the table. Every morning and every night in the week, about nine o'clock, she retired for secret prayer. The final summons came in April, 1883, and for several preceding months one of her favorite hymns had been : " I know not the way I am going, But well do I know my Guide ; With a child-like trust I give my hand To the mighty Friend by my side ; The only thing that I say to Him, As He takes it, is hold it fast ; Suffer me not to lose my way, And bring me home at last." 2. MRS. HARRIET L. DICKINSON. Sometimes the pastor has a sudden midnight sum- mons. Thus was it in the October of 1847. ^ sharp outside rap on the house was followed by the startling appeal, " Do come down to our house ; Mrs. Dickinson is dying." I was soon on the way, thinking how agitated must that friend be by this sudden call from another HONORABLE WOMEN. 435 world to her in the meridian of Hfe ; but on reaching the house I found her the most self-possessed person in her upper room. The rest of the family, and one or two neighbors who were present, seemed bewildered. Even the physician, who had been called, appeared to be rather less calm than usual. Mrs. Dickinson was unruffled. On the little table beside her bed lay the familiar Bible which had been read, as was her wont, before retiring in appar- ent health for the night. That book had for years been her guide and her joy. At the female prayer meeting she was a glad attendant, and she was one whose cheerful countenance was always seen at the weekly prayer meet- ing also, whatever the weather might be. Her last social call was on a sister teacher in the Sunday School, whose tide of life was ebbing, and with whom she had sweet converse concerning their common Lord, who caused their hearts to burn within them. More than once in the course of this closing hour of her own life, she exclaimed, " What should I do now if it were not for Jesus Christ ! " Upon inquiring of the doctor how long she might expect to live, he replied, " Perhaps two hours." Her parents and one of two sisters being decided Christians, she devoted remaining time chiefly to the other sister, and to two brothers, pleading with them to choose at once the good part, alternating her appeals with silent prayer. Then, taking leave individually of all who were present, she laid her head upon the pillow, and before daybreak fell asleep in Jesus. 436 ELIOT MEMORIAL. It was a sweet and placid countenance that smiled in her casket, October 23, 1847. The emphatic, though silent message was, " Watch, therefore, for ye know neither the day nor the hour wherein the Son of man cometh ; " " The night is far spent ; the day is at hand." 3. MRS. CLARA STOWELL FRANKLIN. Mrs. Franklin was a native of Guilford, Vermont, and March 4, 18 13, was the date of her birth. Her father, a much beloved and respected citizen, was killed on his own premises by the fall of a tree, an event which very deeply impressed his daughter. Her grandfather was an officer in the Revolutionary War. She taught school in her native place, but upon marriage (June, 1839) came to Roxbury, and in the first year of my pastorate (Novem- ber, 1842) joined the church on confession of faith. At the time of her decease (1893) she stood nearly alone as the last of those in the congregation who were living when my settlement took place. For full half a century Mrs. Franklin commanded respect as a woman of decided and consistent Christian character. The Bible was all in all to her, and prayer a delight. A large family furnished no reason in her opinion and habit for absenting herself from public wor- ship on the Lord's Day, nor from church meetings and the Ladies' Prayer Meeting on week-days. As little did she make it an apology for refraining from neighborhood ministries among the needy, the sick, and the bereaved. HONORABLE WOMEN. 437 Her presence anywhere was a benediction. Her piety seemed to take an aspect and tone from the spot where she first saw the light, and where her early years were spent. It was a house on the summit of a hill command- ing a wide and animating prospect. Neither morning sun nor afternoon rays were ever darkly shaded. The five sons and eighteen grandchildren living at the time of her departure had more occasion than is often had to rise up and call her blessed, in remembrance of rare faith, fidelity, and love. At four-score she fell asleep on Christmas eve. 4. MRS. CATHARINE LOUISA STONE. It was about the year 1800 that Elizabeth Epps, born in 1781, came to this country on a visit. Her home was in Canterbury, England, near the famous cathedral. Not long after arriving in Boston she married Mr. Tilly Whitcomb of this city. These were the parents of Mrs. Stone, and she was born here December, 1802. In early years she attended a school taught by the Misses Davis ; and among the incidents that remained fresh in recollec- tion to the last was this, that when, after the war of 18 12, peace was announced, she went home that day swinging her school-bag in great glee, shouting, " Peace ! Peace ! " She boarded for two years away from home, in order to have training under M. Lannier, a distinguished teacher of music. When past four-score years she would, if asked, 43 8 ELIOT MEMORIAL. seat herself at the piano, and with delicate touch would play, " Bluebells of Scotland," " Blue-eyed Mary," as well as other pieces which were learned full seventy years before. In 1825 she married Gen. Ebenezer Stone of Boston. As wife, mother, and neighbor, she was peculiarly devoted, kind, sympathetic, and generous. Her attachments were strong and enduring. Not a few in the younger genera- tion lovingly called her " Grandmother Stone." Having become deeply dissatisfied with Unitarian sentiments, she united with the Eliot Church in 1838. The walk from Jamaica Plain, where the family then lived, was a long one, but she was uniformly and punctually present at Sabbath worship. Her Bible and books of devotion — such as Hannah More's Private Devotions, and Jay's Morning Exercises — gave evidence of faithful use. November 22, 1875, General and Mrs. Stone cele- brated the fiftieth anniversary of their marriage. Three friends were present who were also present at the wed- ding, half a century before, one of them a bridesmaid on that occasion. Mrs. Stone had the experience of four years and more of widowhood ; and her departure came suddenly, September 2, 1883. 5. MISS CAROLINE MARIA STONE. Fourth daughter of the foregoing, and born the year (1839) after her mother became a member of the Eliot Church. Twenty years later (1859) she entered publicly HONORABLE WOMEN. 439 into the same sacred fellowship. Her narrative of Chris- tian experience at the time indicates very clear appre- hension of the distinctive truths of evangelical religion, and hearty enjoyment of its every-day duties. Ill health had a good deal invaded and chastened the school-girl period. An infirmity in one arm interfered with the practice of instrumental music, a fondness for which was inherited from the mother, but she made good proficiency in the usual branches of study, and in the German language. Amiability and gentleness were early characteristics. At eight years of age she spontaneously began her min- istry of kindness; but after conversion. Christian principle inspired and controlled her activity. Cheerfully conscien- tious and self-forgetful to a marked degree, she was a living illustration of First Corinthians, the thirteenth chapter — "Charity never faileth." Rooms of sickness and houses of bereavement were her habitual resorts, with tokens of sympathy and the cup of cold water in the name of a disciple. During the Civil War she visited encampments at Readville, then at Galloupe's Island; and later devoted herself to teaching freedmen, and was superintendent of a school for them in the west part of our city. After that her habitual fidelity was shown in the instruction of Chinese men. To an older sister, in her last sickness, she gave herself with an untiring devotion that led to her own decease six weeks later. A few days before departure 440 ELIOT MEMORIAL. (September 9, 1898) she requested a friend to sing at her funeral the words : " Peace, peace, sweet peace, Wonderful gift from above ; Oh, wonderful, wonderful peace. Sweet peace, the gift of God's love." 6. MRS. ABIGAIL F. WARDWELL. The circumstances of departure (January, 1883) were unusual. It was during sleep. Such quietness, such still- ness, were in beautiful accord with her life and character; and this manner of removal may well be accounted a divine favor. There are only a few to whom it is vouch- safed. Dr. Chalmers was one of the few; Bishop Hurd was another. This departed friend of ours had no ex- perience of dying ; caught no glimpse of the King of terrors so called ; and that is one way in which death, or rather dying, may be abolished. It was in the morn- ing amidst the delightful freshness of early day. Her last recollections of earth did not relate, as is often the case, to struggle and distress ; she carried with her no remembrance of farewells and tears; she went away noise- lessly to see the King in his beauty. It was at break of day, but not alone, for ministering spirits can have no morning duties to interfere with attendance upon the heirs of salvation. HONORABLE WOMEN. 44 1 7. MRS. MARY J. BASFORD. At the organization of the church fifty members had reached mature years, while only one was under age. Mary J., a daughter of Mr. Melzar Waterman, was then fourteen, and with her parents brought a letter from the church in Halifax, Plymouth County. At the time of her decease, December, 1893, she had for quite a while been the only survivor of the original membership, and for three-score years had maintained a blameless Christian walk and fellowship. So long a connection with one and the same brotherhood of believers is comparatively infre- quent. Circumstances early in my pastorate gave oppor- tunity for intimate acquaintance with Mrs. Basford. A distinct impression was then received that she was a woman of rare amiability, discretion, and conscientious fidelity. Not the least trace of resentment, jealousy, un- due self-seeking, or other such low traits ever became manifest at that time. The subsequent fifty years only confirmed and strengthened impressions that were then made. Through the whole half-century one habit attracted particular notice — a sanctified control of the tongue. Ac- cording to the standard of the Apostle James, she came as near the attainment of absolute perfection as any one whom I have known so long and so well. I never heard a word from her lips which she might afterwards desire to recall. To human eyes she was an embodiment of blamelessness. In the absence of personal decoration she wore, " the ornament of a meek and quiet spirit, which in the sight of God is of great price." 442 ELIOT MEMORIAL. 8. MRS. ANNA F. WATERS. The roll of Christian honor — what names stand high on that } The question relates to character, to the meas- ure of unselfishness, of Christ-like spirit and ways as manifested habitually by the aim and tone of life. In out- ward condition no member of the Eliot Church had less that was attractive than Mrs. Waters. To find her home one had to go down a narrow alley, climb a rickety flight of outside steps to an apartment over a workshop, and immediately under a roof the rafters of which were in- crusted with soot. The hovel-attic was innocent of plas- ter, and its chief articles of furniture were two chairs, a table, a rough wooden box, and an old stove. Dress, per- son, and features corresponded with the place of abode. She would make no apology for those surroundings, nor even allude to them. Friends would have gladly pro- vided something more comfortable, but for the incum- brance of a miserly and tyrannical husband, a wood- sawer by trade. A lisp of complaint, however, never escaped her. Speak of the Saviour or of a Bible promise, and her countenance would kindle, and you would then see the only pleasing object under that dingy roof, the radiance of indwelling holiness. Her mind was feeble, her range of knowledge extremely limited ; her religion was the whole of her. Early girlhood passed in unevan- gelical environment, but when, at fifteen years of age, conversion took place, she became " a new creature," and continued to " grow in grace and in the knowledge of HONORABLE WOMEN, 443 our Lord and Saviour, Jesus Christ," furnishing a fine illustration of eminent piety combined with stunted in- tellect. Mrs. Waters, without suggestion from any one, en- gaged in neighborhood work, visiting the homes of Roman Catholics and others, where she read sacred Scripture and occasionally left a tract. Her benevolence was remarkable, though her only source of income, prior to becoming a widow, was the knitting-needle. The con- tribution box, when passed for various objects, generally re- ceived her two mites. Necessary absence from the monthly concert of prayer for foreign missions, formed no excuse for not giving ; she would at the next opportunity put in double her usual amount. One morning she came to me with a basket of cents, which she had for a year been saving as the fruit of self-denial over and above ordinary gifts. She had heard something from the pulpit on that subject, and something about a special appeal from Cey- lon, and the purpose was entertained to save two cents a week extra. She desired me to count the contents of the basket and see if there was enough to make good the average for all the weeks of the year — a problem too deep for her arithmetic. When told that there were three cents over, and those were handed back to her, she wished the whole to go into the treasury of the Amer- ican Board — her face beaming the while with devout joy that the coppers held out so well. Her last labor was to knit a pair of socks for a needy individual ; and her last 444 ELIOT MEMORIAL. charity was sending a dollar by the hand of another to a city missionary in New York. As the hour of departure drew on, her joy became unspeakable. " Triumph over death," " Triumph over death," was often on her lips. Her parting words to me were, " I expect to stay in heaven tonight." Those who watched with her said the room was " a little heaven." " Home, almost home," was her final articulation. Did ever ministering angels bear an emancipated spirit with more alacrity to the paradise of God? Mrs. Waters lived seventy-one years. At the funeral in that obscure upper room five ministers were present, not by request, but be- cause they knew the rare worth of one who had literally " done what she could." As there was no relative of hers living in Roxbury, and no one to be flattered by any- thing commendatory of her, a discourse depicting her character was preached, the first of the kind in the Eliot Church. At the request of friends the same was pub- lished under the title. The Poor Widow. This memo- rial, translated by one of our missionaries, soon appeared in the Tamil language; and thus the poor, praying, self- sacrificing, yet feeble-minded woman has now for more than two-score years been preaching to natives in North- ern Ceylon. 9. MRS. MAGDALENA KUHN. Another of the original members. The family were in very humble circumstances; but with her husband. Christian Kuhn, she was invariably and punctually present HONORABLE WOMEN. 445 at all public services on tne Lord's Day, and at church meetings. Their knowledge of the English language was very imperfect, and their use of it still more imperfect. But they never seemed to be mortified by their plainness of dress and of speech. Their peculiarly modest and exemplary deportment was a silent power for good, much more effective than the talkativeness and irregular bustle of others. So uniform, yet unobtrusive was their quiet, consistent walk, as to impress one of the ablest and most prominent of our young men, and prove to be the means of his conversion. In calling at their plain dwelling, I never failed to find them seated at evening on opposite sides of a small table, a dim light between them, each intent upon an open German Bible. No habitation in the city could present a more beautiful scene. Mrs. Kuhn had, in large measure, all the simplicity and warmth of emotion ever witnessed in a Wiirtem- burger. Speak of the Saviour, or the Heavenly Father, and soon the tears would begin to trickle down her ruddy cheeks, and up would come a corner of her coarse, but neat apron. It became necessary for her to take boarders, and that interfered much with Bible-reading and prayer. Longing for more quiet, she told me she had asked the Lord that he would please send, what she called, " some shly sickness," that she might have time for his Word and for fellowship. Not long after, she fell downstairs and broke a leg. Her first thought was, " Das ist das shly sickness ; " and there followed several weeks of blessed 446 ELIOT MEMORIAL. leisure for the lively oracles, and for communion at the mercy-seat. At the age of sixty-six, on a mild, bright morning in May, 1866, the dear woman entered into the perfect rest and perfect fellowship. 10. MRS. MARY C ALLEN. A few natives of Ireland were at different times wel- comed to the church, one of them, Mrs. Mary Callen, July, 1855. Her ancestry was Scottish. Before leaving the mother country she had been to the Lord's table. Later, however, she became convinced of her unfitness to be a communicant. Her eyes were opened as never before to view penitently her sinful and lost condition, and in faith to behold the Lamb of God her all-sufficient Saviour. Heavy bereavements came, husband and all her children — seven in number — being removed by death. Extreme poverty followed, but while her sphere was a very humble one, an irreproachable life, and a beautiful Christian spirit adorned it. When eighty years of age Mrs. Callen, after a severe strain upon her eyes in plying her daily task, suddenly became blind one night. Dependence on others was then complete, but during the fifteen years that followed, not- withstanding loneliness and feebleness, no one heard aught of complaining or sighing from her lips. The twenty- third Psalm was a favorite. It was daily food, and a precious cordial to her soul. She never failed to repeat it when retiring for rest at night. Blindness did not pre- HONORABLE WOMEN. 447 vent her living in green pastures, nor walking by the still waters. To the family, in which for twenty years she was an inmate, her presence became a benediction, like the ark in the house of Obed-Edom. During that period one out of each of three successive generations was carried to the Field of Ephron, each of whom alike called the aged sojourner, " Grandmama." They found a model and a blessing in her example. Her early advantages for education were meager in- deed. Robert Raikes did not open his first school till after she was born. But Mrs. Callen had committed to memory the Assembly's Shorter Catechism, and that con- densed formulary of Bible truths was a perennial source of spiritual education, strength, and comfort. I regarded her as one of the most useful members of the church. No sermon on resignation, trust in God, and devout appropriation of the Psalms, was so effective as the unob- trusive yet eloquent experience of that decrepit woman. Young men and young women of the church improved opportunities of visiting the aged saint, to whom they read or repeated portions of Holy Scripture, speaking also in psalms and hymns, and engaging in prayer with her. Probably there was not at the time a more grateful or a happier citizen in Boston. Amidst sickness and failing strength and many pains her song still was, " Surely good- ness and mercy shall follow me all the days of my life." Between one and two thousand dollars stood to the credit of the church in her behalf, besides what had been con- 448 ELIOT MEMORIAL. trlbuted privately by individuals, but most gladly was the outlay met. When at length her decease came in May, 1875, she lacked only four years and some months of being a centenarian. II. MRS. JUDITH NUTTING. Instances of exceptional longevity are never numer- ous in any community, and hence attract attention. They are the living links between three or more generations. The decease of a centenarian, or of one who has reached the confines of a hundred years, draws attention. The proportion of such in the Eliot congregation is consider- ably in excess of what it is in the population at large. Mrs. Nutting died in 1883, at the age of ninety-seven. She well remembered when, sixty years before, there was announced the sudden death of Mrs. Garrick, widow of the celebrated actor, at the age of ninety-seven, accessible and attractive to the last. The same year (1822), upon the decease of Sir William Herschel, his no less remark- able sister Caroline removed to Hanover, Germany, where, with an unclouded intellect, she lived till 1848, and within three years of a century. Elizabeth, the widow of Gen. Alexander Hamilton, survived her husband more than half a century, dying (1854) at ninety-seven. Mrs. Judith Nutting was born October i, 1786, be- fore our Federal Constitution had been adopted ; before Massachusetts had passed an act forbidding the slave- trade ; before mass had ever been celebrated in Boston HONORABLE WOMEN. 449 by a Roman Catholic priest ; before a land office had been open for sales to settlers ; and before cotton had been exported or even grown at the South. The entire population of our Commonwealth then did not exceed that of Boston today. She was the daughter of Thomas Hastings, a revolutionary soldier, the fourth bearing that name in direct descent from Deacon Thomas Hastings, an immigrant from Ipswich, England, in the year 1634. Through the Thomas last named, the family lineage runs back to a younger brother of Sir Henry Hastings, Earl of Huntingdon. The family is one of the extremely few in England which can trace their pedigree so far even as the fourteenth century. But Hastings, one of the Cinque Portes, still shows the remains of its castle where William the Conqueror lodged before the decisive battle — that of Hastings, 1066 — which overthrew the Saxon dynasty. Already in the time of Alfred the Great (ninth century), a Danish Hastings had planted himself in Sussex. In 181 5, and on the same day with her husband, Mrs. Nutting made a public profession of faith in Christ. Under the pastoral care of Rev. Mr. Parsons, of Amherst, Massachusetts — who made large use of the Assembly's Shorter Catechism — the children were wont regularly to recite the answers in that compend. Nothing short of literal accuracy would satisfy the desires of the minister or the ambition of young catechumens. Questions and answers remained distinctly in Mrs. Nutting's memory to the last. As opportunity offered she would put her own 45© ELIOT MEMORIAL. children through the catechism, after they had themselves become parents and even grandparents. It was under the influence of that little formulary that her own character received its type. She showed Puritan loyalty to sound doctrine, law, and order — order in the family, the church, and society. She had a clear apprehension of the evan- gelical system of belief, and a hearty love of the same. Whatever was accepted as duty became a pleasure to her. In regard to secret prayer and the reading of God's Word, no thought seemed ever to enter her mind except to maintain constancy and find profitable enjoyment therein. Her memory was early stored with hymns. In later years, at the hour of evening twilight, it was still her delight to sing or repeat certain favorites, such as, " When to the west the sun descends," etc. For some scores of years, every night, after retiring to rest, she repeated the hymn, " And now another day has gone, I'll sing my Maker's praise," etc. She was always looking on the bright side of things. Grumbling is not a factor of longevity. During forty-five years of widowhood she maintained a cheerful walk with God. For children and children's children to the fifth generation, her memory is a richer legacy than any that could pass through the probate of^ce. Her seven daughters were born under the same roof, and married in the same room ; and they, as well as the two sons, HONORABLE WOMEN. 45 I were all living, and all had families at the time of her departure. 12. MRS. LUCY WATERMAN. The church had been formed only fourteen months when Mrs. Waterman, coming from New York, became a member (1836). It was in 181 2 that she first made public profession of faith in Christ. Her character and the esteem in which she was held are indicated by Reso- lutions which were adopted at the meeting that next pre- ceded her hundredth birthday : " Learning that the one hundredth anniversary of the birth of Mrs. Lucy Waterman, a revered and beloved mem- ber of this church, is expected to take place on the eighth instant, the brethren and sisters of the Eliot Church present at the regular meeting of this date gladly recognize the unusual event, and in token thereof heartily adopt the following minute : " That congratulations be conveyed to our venerable sister in Christ, in view of her attaining to this extreme age, and under circumstances so favorable ; that infirmities are so few, and that faculties of the mind have, in such measure, been preserved ; that she has never had occa- sion to follow to the grave any one of her children ; that the three sons are still living, and in their filial assidui- ties she has a gratifying share ; that the Word of God and prayer to God are still her delight and solace; that faith, hope, and charity have not waned, and that she still testifies to the faithfulness and abounding goodness of our covenant-keeping God; 452 ELIOT MEMORIAL. " That we contemplate with gratitude the evidence of a consistent Christian Hfe of four-score years, and of an exemplary walk and conversation for more than half a century in the membership of the Eliot Church ; and that we render thanks to the God of all grace for manifest special mercies to our sister during the whole period of one hundred years : " That we devoutly and affectionately commend her to the continued faithfulness of him who is the ancient of days, and whose word of unfailing promise is : ' Even to your old age I am he, and even to hoar hairs will I carry you : I have made and I will bear ; even I will carry and will deliver you.' " These were communicated to her on the anniversary, April 8, 1890. Two score of her friends went twenty- five miles to pay their respects to the venerable saint. It was noteworthy that all her children were also then pres- ent. Among the appropriate gifts at that time was a collection of one hundred texts of sacred Scripture, which she would prize more than so many jewels. She put on her glasses and read aloud a part of the fourteenth chap- ter of John's gospel. " Rock of Ages, cleft for me," and "Jesus, lover of my soul," two of her favorite hymns, were sung. Over a year and a half after that occasion, in the fifty-sixth year of her fellowship with this church, and in her one hundred and second year of age, Mrs. Waterman entered into rest, Sunday, November 15, 1891. She be- HONORABLE WOMEN. 453 longed to a family in which there has been a good deal of longevity. One of her grandfathers lived eighty-four years, and his wife ninety-two years ; a brother attained to the age of eighty-nine ; one sister to the age of ninety, and another sister, whose death was caused by accident, to the age of ninety-seven. Mrs. Waterman's maiden name was Sturtevant, and she was of the Plymouth County stock, from which have come prominent men, and men of decided Christian char- acter. One of them was Dr. Julian M. Sturtevant, a Pro- fessor and afterwards President of Illinois College. 13. Miss SUSAN WESSON. Miss Wesson belonged to a large family characterized by native refinement, modesty, sobriety, and conscientious- ness. The father, William Wesson, born in England, came to this country in early life and was a prosperous man. For some years he lived in Boston ; but removing to Cambridge in 1802, he made purchases of land and built a large three-story house. College students became inmates of the family. The daughter Susan was born July 23, 1797. Of the nine children in her father's family — three of whom died before reaching adult years — no one was ever married. The brother William, it is understood, became engaged ; but having met with losses, which included his mother's property, he deemed it a duty to devote himself to the maintenance of her and of his surviving sisters. Honorable sentiments always con- 454 ELIOT MEMORIAL. trolled him. There was said to be property in the south of England, to which the family were entitled. On the mother's side there was a prominent merchant and ship- owner in Boston ; and, but for the loss of documentary evidence the family estate might have been benefited by redress through the " French Spoliation " claims. The mother of Miss Wesson, and her brother, Wil- liam Marshall Wesson, joined the Eliot Church by letter of recommendation from the Pine Street Church, Boston, in the year 1857. The mother, a women of unusual dignity, amiability, and Christian gentleness, died the next year. " Father Cleveland," so called and well known in Boston, long time a friend of the family, was at the funeral, being then well on toward one hundred years of age. Miss Wesson had not made public profession of faith in Christ prior to the year named above, when she, too, became a member of the church. She had already in- dulged a Christian hope for twenty- five years. Her re- ligious life was not demonstrative, but quiet, such as might be expected from native temperament, family habits, and the general domestic atmosphere. On her one hun- dredth birthday (1897) ^^e seemed not to have failed very sensibly during the past year. She spoke of her interest in the Eliot Church, her prayers for that and for friends, her love of the Bible, and of the comfort derived from sacred hymns. She repeated three stanzas of one among her favorites. It was no common spectacle to look upon HONORABLE WOMEN. 455 the white hairs of one born while Washington was still living, and at a time of universal excitement in the civil- ized world, when Napoleonic wars were raging, thrones demolished, and new governments established, to see her sitting now, after a century's experience, in her solitary- home, whence the family were all departed, meditating on Christ's gracious mediation and the church redeemed by his precious blood. The last time that I called on her she spoke of her desire to sing, to sing with the great choir. It was natural to repeat to her, " And I heard a voice of many angels round about the throne, and the living creatures and the elders ; and the number of them was ten thousand times ten thousand, and thousands of thou- sands, saying with a great voice. Worthy is the Lamb that hath been slain to receive the power, and riches, and wisdom, and might, and honor, and glory, and bless- ing." November 30, 1897, ^t the age of one hundred years, four months and seven days, she joined the great choir. In the family lot at Mount Hope Cemetery there have been numerous interments, and all of persons who were over three-score and ten years of age. ministers' wives. There is occasion to speak of ministers' wives. The wives of American clergymen have, as a class, been among the finest endowed, best educated, and most ex- emplary of American women. Their position in Colonial, 456 ELIOT MEMORIAL. Revolutionary, and later times has been one of special delicacy and responsibility, besides being often one of peculiar trial. In their straitened circumstances and feeble health, not a few have belonged to the noble army of martyrs. Seldom have they become wandering stars. They have been keepers at home, skillful in domestic concerns. By their culture, their gentleness, suavity, and dignity, their influence has been marked in moulding and elevating the character of parishes. There is no pro- fession, no occupation in which the wise suggestions and warm sympathies of a wife are more needed. Imagine for a moment that Roman Catholic celibacy had pre- vailed here, and what a different aspect would our fair heritage have presented ! 14. MRS. ELIZA HILL ANDERSON. Twelve years have passed since Mrs. Anderson left us (March, 1888), and yet she can never wholly leave us. The Eliot Church will always have occasion to give thanks for the life and labors here of such Priscillas and Marys. Mrs. Anderson's membership with us covered more than half a century (1836-1888); her entire term of public Christian confession approached seventy years. In her ancestry there was a fair measure of longevity, through five generations on the father's side to John Hill (1600); and on the mother's side through six generations to Rich- ard Carpenter, born in England (1593). It was at a little short of four-score and four years that Dr. Anderson HONORABLE WOMEN. 457 took leave of us early one morning ; a little past four- score and four Mrs. Anderson took her leave just at sunset. Her life from girlhood in Catskill, New York, was marked by unfailing modesty, conscientiousness, and quiet decision of character. Although only eight years old when her mother died, she had received a maternal im- press which remained in clear outline through life. For example, her ministry of neighborhood kindness began very early, and continued to the last. The Bible became to her the book of books. Chapters were treasured in the memory ; so were hymns, a store which amounted at length to hundreds. Habits of industry, order, and accuracy were formed. When a little girl at school she stood at the head of her class in spelling, and as a re- ward of merit — present juvenile literature will look down in amazement from its crowded shelves — she received a copy of Washington's Farewell Address ! In early womanhood her firm adherence to what is risht was not inferior to that of the father of his country. While visiting in the family of a distinguished Commodore of the United States Navy she was invited to attend the theater, the Commodore arguing that it is well to go once in order to see what it is. Eliza Hill declined and never regretted the decision. At sixteen Dr. Anderson taught a public school ; at sixteen Mrs. Anderson also became a teacher. While connected with a young ladies' school in New Haven 458 ELIOT MEMORIAL. she had among her pupils some who came to prominent positions — Mrs. President Porter, Mrs. Dr. Buckingham of Springfield, Mrs. Dr. Bond of Norwich, Mrs. Dr. Krebbs of New York, Mrs. Professor Park of Andover, and Mrs. Commodore Foote. Fondness and aptness for teaching continued to the last. At the age of eighty-two she carried two granddaughters through a course in moral philosophy with interest and profit. Preparation for special auxiliary service in the cause of foreign missions began in a very natural way. She w^as early an inmate in the family of Rev. Dr. David Por- ter of Catskill, a man deeply interested in that cause, at whose house she became acquainted with such men as Samuel J. Mills, Drs. Cornelius and Goodell, Horatio Bardwell of the Marathi Mission, and Cyrus Kingsbury of the Choctaw Mission. In the family of a brother, Henry Hill, treasurer of the American Board, she began acquaintance with Boston next door to that of Jeremiah Evarts. Mrs. Anderson's married life was one of cheerful self- sacrifice. It involved three long absences of her hus- band on foreign deputations ; it involved the need of most provident management in household administrations, upon an inadequate income. A golden mean was maintained between running in debt on the one hand, and niggard parsimony on the other. In welcoming guests nothing was overdone. Hospitality was most abundant, especially in behalf of departing and returning missionaries. Per- HONORABLE WOMEN. 459 sonal assistance in outfit and refit were bestowed, and often at no small personal inconvenience. Not infre- quently did she leave a sick bed to minister to some newly-arrived laborer from beyond sea. The heads of the family sometimes had to betake themselves to an attic chamber to make room for unexpected arrivals, and such were often unexpected at any given time. Probably no other house on this continent ever entertained so many guests of that class. The earliest in the long list were Mr. and Mrs. Levi Spaulding of Ceylon. The apostolic Daniel Temple was another. The saintly David Stoddard and Fidelia Fiske were among them. During the first ten months of a certain year one hun- dred and fourteen different missionaries and their friends were entertained for a longer or shorter time. Upon careful inquiry I am satisfied that for the thirty-nine years of Dr. Anderson's service as secretary, and while at housekeeping, the average of hospitality that year was only about the average for the whole period. At the Jubilee visit (i860) there were sixty-eight present; the Lord's prayer was repeated in twenty different languages, and a hymn was sung simultaneously in numerous tongues. Through these years Mrs. Anderson kept up a wide correspondence, foreign as well as domestic. Her con- tributions to a religious journal, over the signature of Beulah, sundry obituary notices, besides short essays in the Missionary Herald and Life and Light, are in style and sentiment unadorned, clear, and pertinent. So is an 460 ELIOT MEMORIAL. Address to Hawaiian Women after a visit to the Sandwich Islands, and published in the language of those Islands. Her Memorial of Susan Maria Underwood, a deceased member of this church, had the same characteristics. Similar, too, is the Memoir of Mary Lathrop, of which in the German language I lighted on a copy when travel- ing in Switzerland a few years since. Today it is doing good service in the Ottoman Empire, having passed through several editions in both the Turkish and Arme- nian languages. But did foreign missions absorb thought and effort? If in the Eliot Church there was any one more ready for local Christian activity during my pastorate, I have yet to learn the name. The busiest woman with orderly habits is the one most ready for service outside of her special sphere. Queen Victoria, though monarch of Great Britain and Empress of India, finds time to be president of a Bible Society in Berkshire, the county that includes Windsor Castle. Mrs. Anderson enjoyed a fixed and all-sustaining assurance of the Saviour's presence, and gracious readiness to do all that could be desired. Forty years before her decease she told me that death would be no surprise to her at any hour. In the course of a prolonged sickness, the year preceding that event, she said to a grand- daughter, " I would have our Saviour depicted as Mr. Greatheart, standing at the entrance of a building or enclosure, and close by a little, white, trembling lamb ; HONORABLE WOMEN. 46 1 but Mr, Greatheart is very near." Her closing testimony ran thus : " Why, I feel as if Christ were right here ! I am not alone." 15. MRS. SARAH ELIZABETH R. PECK. It was peculiarly gratifying to the writer that a daughter of my father's first pastor, the Rev. Asahel Hooker, should join our congregation. She brought her two daughters, though only the youngest of them, Sarah Edwards, became a uniform worshiper with us. This daughter, a young woman of rare excellence of character, who professed to have been much benefited by ministra- tions at the Eliot Church, became, as Mrs. Winans, a highly valued resident of Rochester, New York, where, owing to progressive paralysis, she departed this life three years since (July 6, 1897). ^t^^- Peck's mother, Phebe Edwards, was a granddaughter of President Jonathan Ed- wards, the celebrated theologian ; while Mr. Hooker was a descendant in the fifth generation from Thomas Hooker, well known as the first minister of the first church in Hartford, Connecticut. At Norwich Mrs. Peck attended the school of Miss Lydia Huntley, afterwards Mrs. Sig- ourney, the poet, and in 1826 she married the Rev. Solo- mon Peck, D.D. At sixteen Dr. Peck was graduated from Brown University; at eighteen he was a tutor; later, Professor of Latin in Amherst College ; but was more widely known as Corresponding Secretary of Foreign Mis- sions of the Baptist Union. After the Civil War Mrs. 462 ELIOT MEMORIAL. Peck accompanied her husband to Beaufort, South Caro- lina, and engaged in Christian work among the freedmen. Later he held useful positions here at the North. Dr. Peck was a scholarly man, a man of culture, refinement, and gentlemanliness, as well as of superior executive abil- ity. The captiousness of a few missionaries, and the per- tinacious misapprehension of their sympathizers, occasioned a severe trial, and at the same time gave occasion for the exercise of an unusual and most noble Christian forbear- ance on his part. As Dr. Peck belonged to a different religious denom- ination, it was appropriate that Mrs. Peck should chiefly identify herself with the same, rather than to become con- spicuous in a connection which attracted her on the score of ancestral interest and original convictions. After a widowhood of seven years she died under the roof of her son-in-law, the Rev. Dr. Stanger, then at Cincinnati. With firm reliance on the sacrificial merits and high- priestly intercession of Jesus Christ, she sang with others, in her last sickness, such favorite hymns as, " Rock of ages," " My faith looks up to thee," " To Jesus, the crown of my hope." WIDOWS OF MINISTERS. The proportion of widows in the congregation and their absolute number were large. It was a noticeable circumstance that at one time there should be five widows of ministers who died young — Mrs. Maria Grozer Pack- HONORABLE WOMEN. 463 ard, Mrs. Adeline Grozer McGeoch, Mrs. Margaret Cod- man Peabody, Mrs. Bradford Homer, and Mrs. Maria Rea Dexter. There were two whose husbands had been ph3^si- cians — one the widow of Dr. Fiske of Worcester, and one the widow of Dr. Adams, formerly of Bath, Maine. The latter belonged to a group of thirteen children, and was herself the mother of thirteen. She died March lo, 1857, i"^ ^^^ eighty-seventh year. This suggests that not a few of the class now referred to lived to a good old age — Mrs. Ballister, eighty-four (died June, 1845); Mrs. Anna Williams (died November, 1855), aged eighty-nine and some months; Mrs. Susan Elms, a member of the Old South (died February, 1856), aged eighty-four; Miss Abigail Prentiss (died February, 1858), aged eighty-seven; Mrs. T. K. Thomas (died December, 1858), aged eighty, and Mrs. Mary H. Waugh, at the same age ; Mrs. Eleanor V. Ames (died January, 1859), aged eighty years and eleven months; Mrs. L. Williams (died Sep- tember, i860), aged eighty-one; Miss Abigail Seaver (died December, 1861), aged eighty-six; Miss Lydia Prentiss (died March, 1863), aged eighty-four; Mrs. Lydia G. Towne, the mother of Rev. Dr. Joseph Towne (died September, 1863), aged eighty-two; Miss Hannah Grozer (died July, 1864), aged eighty-eight; Mrs. Sarah Gush- ing (died July, 1864), aged eighty; Mrs. Rising (died August, 1865), aged eighty-four; Mrs. Sarah Jewett (died January, 1867), aged eighty-five; Mrs. Frances Rupp (died March, 1867), aged eighty-two; Mrs. Simmons (died 464 ELIOT MEMORIAL. April, 1867), aged ninety. Besides these there were others whose names appear elsewhere. There were some whose bereavement was intensified by circumstances peculiarly trying, as Mrs. Birchmore. Her husband belonging to the navy was lost in the gulf of Mexico ; and another whose widowhood began in a way yet more heart-rending. There were those whose term of loneliness extended to thirty, forty, and even fifty years. It is fitting that particular mention should be made of those who, in comparatively advanced years, be- came the widows of ministers. 16. MRS. MARY CODMAN. After the death of the Rev. Dr. John Codman at the age of sixty-five years, his widow became an inmate in the family of her brother, Mr. Ebenezer Wheelwright, who was a member of the Eliot Church. Ten years later (April, 1857), ^"d ^t the same age as her revered husband, she joined the family on high. From her fourteenth year she had indulged the hope of being a regenerate child of God. The great spiritual crisis — the most important that any human being experiences, death and the resur- rection not excepted — took place at Bradford Academy, the same season with two young friends of hers, Harriet Newell, who found an early missionary grave in the Isle of France, and Anne Hasseltine Judson, the heroine of Rangoon, who sleeps alone under the shade of a Hopea tree in Burmah. Mrs. Codman was their peer in natural HONORABLE WOMEN. 465 endowments, and in the noble specialty of Christian de- votedness. Richard Baxter writes : " Ought a clergyman to marr)- ? Yes; but let him think, and think, and think again before he does it." Dr. Codman did that, and after four years of pastoral labor he introduced to the good people of the Second Church, Dorchester, one who proved eminently his helper and theirs also. Every pastor's wife is a help or hindrance to him. There is not in the land — neither at the Capitol of the nation nor elsewhere — a female position more honorable or responsible than hers. If by wise domestic counsel and the perennial flow of Christian cheerfulness and well-directed cooperation she fill her ap- propriate sphere, then do pastor and parish owe her a debt which words can but imperfectly express. In this case there came a youthful bride, matronly yet affable, spiritually minded, and ready to enter at once into coop- erative labors with her husband. And so she continued, active in the female prayer meetings, the Maternal Associa- tion, distributing religious books, with encouraging words to children and youth, sympathizing with the afflicted, watching with the sick, more, perhaps, than any other indi- vidual in the parish. In her were combined to an unusual degree dignity with grace, sensibilities delicate but not fastidious ; firmness that was yet attractively feminine, and strength of mind without the masculine element. Bal- anced energy, refinement, quick and quiet good sense were grouped in rare congruity. " Man is no hypocrite 466 ELIOT MEMORIAL. in his pleasures," was a frequent saying of hers. She delighted in the Assembly's Shorter Catechism, Baxter s Sainis Rest, and such spiritual songs as those cunning artificers of sweet rhythm' and rich Christian sentiment, Watts and Doddridge, Cowper and Montgomery, composed. But her chief delight was in the Holy Scriptures, large portions of which were hid in her heart. Among favorite, never-tiring chapters was the fourteenth of John's gospel, and especially in her closing years, till the summons of the last verse came, " Arise, let us go hence." 17. MRS. MARTHA VINAL HOOKER. Our neighboring Charlestown was Mrs. Hooker's birth- place, April 27, 1806. Her father having died the next year, the family of a beloved aunt in Boston became her home. Under the ministry of Dr. Sereno E. Dwight she joined Park Street Church when sixteen years of age, and was at that time its youngest member. Academic train- ing was enjoyed in the excellent schools of Rev. Joseph Emerson at Saugus, and that of Miss Z. P. Grant at Derry, New Hampshire. In 1827 she married Rev. Henry B. Hooker, then pastor at Lanesborough, Massachusetts. Ten years later Dr. Hooker became pastor of the First Church, Falmouth, where he remained till called to the sec- retaryship of the Massachusetts Home Missionary Society (1858), when the family removed to Boston. The good people of Falmouth pronounce Mrs. Hooker a model minister's wife. She was greatly interested in HONORABLE WOMEN. 467 the Maternal Association, and had highly valued Sunday School classes of young ladies. She contributed articles to the Sunday School papers, and to the American Messenger. The young people had a large and constant share in her kind regards. She formed them into mission bands, and strove in various ways to promote their mental and spirit- ual culture. Many testimonies have reached me from those who came under her immediate influence, in regard to her tact and her happy ways. During the thirty-five years after residence in Falmouth ceased, her frequent summer visits to that place served to keep alive the most cordial relations, and her memory is fragrant there. Twelve years of widowhood were appointed to Mrs, Hooker. The morning of her last day on earth came clear and calm outwardly, yet not more so than within the chamber of quietness whence for eight months she had not been able to go below stairs. The window of that upper room looked toward the rising sun, and her hand had been a good while on the latch of another door, which at length opened inward. Her pilgrimage of eighty- seven and a half years was finished. 18. MRS. LUCY GILPATRICK MARSH. The Eliot City Mission Society — a society inde- pendent of the one in Boston — was greatly favored in the agents whom it employed. In no case was this more strikingly true than that of Mrs. Marsh. From the hour of conversion at twenty years of age, onward till the hour 468 ELIOT MEMORIAL. of death, in June, 1868, she seemed to be actuated by the genuine missionary spirit. The chief reason for her leav- ing the home of childhood in Biddeford, Maine, was the opposition of family friends to her Christian activity. On returning home to minister to an aged mother, she had occasion to rejoice over the conversion of that parent when approaching three-score and ten. Afterwards, under the same circumstances, she was cheered by the hope of her father's conversion at near four-score. During a ten months' visit at Biddeford she established a female prayer meeting and several conversions followed. She also in the midst of much opposition gathered a Sunday School, and carried fuel in her own arms to the schoolhouse to make it comfortable for the hour of meeting. Returning to this city Mrs. Marsh became the inde- fatigable matron of a reformatory institution; attended the prayer meetings of the church to which she belonged, each of them preceded by a preparatory devotional meet- ing ; and in addition to the regular Sunday School ser- vice, she once a week taught a class of colored children, spending Saturday afternoons in visiting its members, besides paying weekly visits to the inmates in the House of Correction. As the wife of Rev. Christopher Marsh of West Roxbury her life was still that of a missionary laboring in the byways for miles around. Owing in no small measure to her self-denying and energetic efforts, a place of worship was built, for which, as also for the communion service, she solicited funds. There, too, she HONORABLE WOMEN. 469 gathered a female prayer meeting and a meeting for mothers, both of which she sustained almost unaided. The Sunday School also was her creation and for a time was superintended by her. After the death of Mr. Marsh, whose last pastorate was at Sanford, Maine, Mrs. Marsh began work here (September, 1861) as missionary, and the next year joined the Eliot Church. Singular devotedness, fidelity and good judgment marked her whole ministry. The pastor re- garded her less as a parishioner than a colleague, his senior in age, a model of wise, earnest, and harmonious cooperation. She mentioned to a friend that this passage was her daily resting-place, " Be careful for nothing." Of nothing that pertained to herself — ease, strength or health — was she careful. To the welfare of the poor and those spiritually perishing she devoted herself wholly. A Bible class in the Mission Sunday School, a mothers' meeting and two weekly prayer meetings were only a part of her steady occupation. A sewing school was one favorite method of usefulness, and her coming was always the signal for the brightening of faces. Visiting from house to house with prayer and the name of Jesus on her lips occupied the larger part of her time. Those seven years of labor in Roxbury were performed after Mrs. Marsh had reached her seventieth year. Such in- dustry is therefore all the more noteworthy. The record of her last twelvemonth showed that, besides being the almoner of various comforts and delicacies for the sick 47° ELIOT MEMORIAL. and destitute, she distributed more than one thousand and two hundred garments and other articles among the needy ; more than two thousand rehgious tracts, papers, and books, and made rising of three thousand visits, which, owing to lameness, was a number less by one thousand than that of the year previous. Did she ever recount her labors and successes with a tinge of vanity? Far otherwise. We have noticed that it is the lisfht ears of grain which hold their heads high and wave about most freely. This noble woman was a branch of the vine so laden with fruit as to hang low ; she was clothed with humility. The concurrent testimony of those associated intimately with Mrs. Marsh was that they found no flaw in her and could find no fault with her. Dr. Rufus An- derson, who had known her for nearly fifty years, wrote that she filled her various responsible positions " with the unbounded confidence of those who knew her, in her ability, integrity, and devotedness to the cause of her Redeemer, and in her unwearied efforts for the salvation of those placed under her care." Another friend, an acquaintance of forty years, stated, " I never knew Mrs. Marsh lukewarm, or with a cold heart. Her life has been a chain of well-doing all along without one breakage." Her funeral was from the Eliot Church, June 22, 1868. 19. MRS. SARAH COLLINS PORTER. Mrs. Porter, a daughter of Rev. Daniel Collins, was born in Lanesborough, December 26, 1767. Her father HONORABLE WOMEN. 47 1 after being pastor — and the first pastor of the church in that place — for nearly sixty years, died in his eighty-fifth year. During the latter part of his ministry' he had the assistance of colleagues ; and Dr. Henry B. Hooker was one of his successors in the pastorate of the church. Mrs. Porter, upon the decease of her husband, Dr. David Porter of Catskill, came to the home of Mrs. Henry Hill in Roxbury, who was then her only sur\nving child. At length a sudden and fatal stroke of apoplexy removed this devoted daughter. Mrs. Dr. Anderson, the sister of Mr. Hill, then gladly received Mrs. Porter, and it was a gratifying providence that gave her the oppor- tunity once more to take the place of daughter to one who had been a mother to her in early semi-orphanage. Mrs. Porter had become blind and bedridden. In the days of former health and strength she was a woman of commanding dignity and of winning gentleness. It was only in the closing years that I had the pleasure of per- sonal acquaintance with her, and largely profitable was that acquaintance. No allusion to infirmities or other trials brought out any response except that of perfect Christian resignation and of thankfulness for mercies. One favorite utterance was, " God's government is a good government to live under." Speak of accidents in the outside world, and she would say: "How many are the mercies I have ! I am kept in great safety. I receive no injuries." When the Sunday morning bell rang she would invariably draw a handkerchief over her sightless 472 ELIOT MEMORIAL. eyes, with the remark, " I am now going to meeting," and in the silence of her chamber she would reverently accom- pany worshipers in the sanctuary through the several parts of divine service. Speak of the Sabbath on high, and she would reply, " Oh, yes ! it is heaven to be where Christ is, and where no sin is." It always seemed to me on retiring from her room that I was leaving the confines of heaven, an atmosphere of holy calm, of saintly cheerful- ness. The bright and blissful presence of unseen angels seemed to gather in quiet ministry around one who was awed, penetrated, and transformed by their presence. CHAPTER XXX. CHILDREN. I. CARING FOR THE YOUNG. " The care of the lambs," said John Eliot, " is one- third part of the charge over the Church of God." The ratio of thoughtful interest in children and of gratifying results has not been less in the Eliot Church than that esti- mate of Eliot. Very suggestive is the fact that our Lord at his incarnation took the humblest level as to age ; that as to condition there was no room for him in the inn ; that a special invitation from him should be addressed, not to the aged, but to little children ; that he was pecu- liarly gratified to hear children in the temple saying, " Hosanna to the Son of David," and that after his resur- rection and on the eve of ascension to glory, the Great Shepherd gave a parting order, " Feed my lambs." By personal experience Jesus Christ knows the heart of child- hood. Never by word or example did he discredit the sacred precincts of home, or a father's household pastor- ship. In the domestic circle there are duties which can neither be suitably remitted nor transferred. Its claims are prior, special, and paramount. Of my own publications the one most widely used by parents and others is the little catechism, entitled " Lambs Fed." Many thousands have been called for in this country ; and Dr. Henry Bal- 474 ELIOT MEMORIAL. lantine of Ahmednagar informed me (1854) that two translations had been made into Marathi, one of which was extensively used in the Bombay presidency. 2. EARLY PIETY. There has been a thought, not infrequent, that early piety betokens early death. Decided conscientiousness and a devotional habit on the part of a child have often called forth the remark, " Not long for this world." But Moses, and Samuel, and Timothy did not die young. What period of church history has there been without furnishing proof that godliness is profitable for all things, having promise of the life that now is, from its first years onward to a high longevity? Memorable was the case of Polycarp, who in the first Christian century suffered martyrdom at ninety-five years of age, declaring that he had served Christ for eighty-six years. John Wesley, who was a communicant at the age of eight, said toward the close of his career, " Eighty-seven years I have so- journed on the earth, endeavoring to do good." Lady Huntingdon, so well known for her high rank and Christian excellence, became deeply anxious regarding her spiritual welfare at nine years of age, and thence on- ward led a decidedly religious life till over four-score. Phebe Bartlett, of whom President Edwards gives a de- tailed sketch, was a convert at four years of age, during the revival of 1735 in Northampton, and she lived be- yond three-score and ten. Her heavenly conversation, EARLY PIETY. 475 her calm trust in the Saviour, led to the conversion of her grandson, then a youth, the late Dr. Justin Edwards. But what need is there of multiplying examples here, while every day's observation furnishes them ? It is one of the gratifying features of the nineteenth century that it has witnessed increasing attention to the religious welfare of the young, and an increasing hopeful- ness in regard to early conversions. True, the previous century showed more or less of the same interest. Presi- dent Edwards, in his Thoughts on the Revival of Religion in 1740, remarks, " Very many little children have been re- markably enlightened, and their hearts wonderfully affected," etc. Still farther back, in the " Narrative of Conversions," during the revival of 1735, he remarks: "It has hereto- fore been looked on as a strange thing when any have seemed to be savingly wrought upon and remarkably changed in their childhood. But now I suppose that in Northampton near thirty were, to appearance, savingly wrought upon between ten and fourteen years of age; two between nine and ten, and one of about four years of age." David Brainerd tells us that among the Indians where he labored, children not more than six or seven years old were deeply affected by evangelical truth. Dr. Porter of Andover, in a Letter on Revivals of Religioji about the commencement of the present century, says, " Very young children were often deeply impressed, and in many instances continued to give evidence of a saving change of heart." If there were more familiarity with 476 ELIOT MEMORIAL. such facts in the annals of the past, there would be less occasion to make such citations here. The practice of preaching specially to the young has grown greatly in late years. Such discourses, when of the right stamp, are usually profitable to adults. I have never known of a sermon designed particularly for children being blessed to the conversion of any of them. Sermons in the right key and style, delivered without having them distinctly in mind, often impress them. Not a few in- stances of that kind have become known in my own min- istry. Religious biography abounds in the same. Matthew Henry, the excellent pastor and commentator, at ten years of age heard a sermon, "that," says he, "melted me." At about the same age the celebrated Dr. Gill was thoroughly convinced of his great sinfulness and need of a Saviour by a discourse from the words, " Where art thou ? " Dr. Edward Payson, when only three years old, was known to weep under the preaching of the gospel. What faithful and wise pastor has not taken note of the same thing.? Early piety will be the piety of childhood — children's penitence, faith, and love. When due evidence exists, ad- mission to church ordinances is their privilege. It is not affirmed that no caution should be exercised, but surely little ones may now, with the spirit and with the under- standing, sing hosannas to the Son of David in his tem- ple, and also partake of the paschal supper. Only there is praise perfected. Highest symmetry and vigor of Christian character are to be expected only when, other EARLY DEATHS. 477 things equal, conversion takes place in childhood. The glaring defects and deformities of Christian character often witnessed among religious people would be less frequent if young feet were oftener turned unto Wisdom's ways. Upon a review of the cases of early membership in the Eliot Church prior to 187 1, I am satisfied that the aver- age of later developments was, to say the least, as satis- factory as that of adults. Mrs. Susan Huntington, a descendant of John Eliot, and wife of a former pastor of the Old South Church, Boston, chose God for her portion at five. There have apparently been such instances here. Harriet Newell, the missionary, was a convert at nine, and a glorified saint at nineteen ; and some of our young women remind us of her. 3. EARLY DEATHS. Fully one-half of those born into this world die in infancy. I know of nothing so pathetic and so mysterious as the remains of a little one, beautiful yet cold, lying in its casket ready for interment. The dainty little shroud envelops something that seemed designed for life, for growth, for great and prolonged activities here below. There is a strange suggestiveness about the little toys and little shoes that are laid away so carefully. " Not dead but sleepeth." A rose of Sharon once opened in a tiny hand as it lay on the bosom in the cofiin. It was a specimen and a symbol of beautiful development. That which escaped from such precious remains is no less truly 478 ELIOT MEMORIAL. immortal than if there had been an earthly career of three-score and ten years. The third funeral which I had occasion to attend as pastor was that of a young child, and such continued to be the proportion for thirty years. Over one hundred and fifty times were the fountains of tears opened on beholding the closed eyes of young sleepers who had not lived more than four years, and a majority of them only a briefer period. The sensibili- ties of a pastor will be all the more lively if he has had personal experience of such bereavement. It was early in my ministry that an infant of eleven months died in my arms, and it seemed as if I placed her immediately in the hands of Him who saith " Suffer the little children to come unto me." Up to that moment heaven had never seemed so near, nor its gate of pearl so plainly open. Those tiny feet will never go astray there, nor will those lips utter an untruth. Reacting benefits to parents similarly situated have been noticed. The loss of a child has often proved the gain of a parent. Sending an envoy forward has drawn thought and heart upward. While tears have rained upon a hallowed spot in the cemetery, the bow of promise has stood forth brightly. It is not Rachel's weeping but her refusal to be comforted that merits chiding. She fails to consider what an honor it is to be thus repre- sented on high, what a favor it is to have one's children trained in a family so superior, so much safer than any household here ; how much faster the advance in knowl- OUR YOUNG SAINTS. 479 edge and holiness there than under the most favorable conditions on earth ! In the Loyalty Islands it has been a custom to kill the mother or some near relative of a deceased child, that it may not be a forsaken wan- derer in another world. We long to send word to such pagans how ample and tender is the care of little ones in heaven ; how the merits and mediation of Jesus Christ secure them a place there, as we believe ; how our Lord delights to have them around him, otherwise more than half the inhabitants of that world would not be fruits of early dying. " Weep not when ye tell the story Of the dead ; ' Tis a sunbeam joined the glory Overhead ! ' For of such sweet babes is heaven,' Jesus said." Regarding such as died before reaching their twelfth year, and without joining the visible church, limitations of space will admit of only two or three examples. 4. OUR YOUNG SAINTS. (a) John Eliot Bowles was a conscientious boy, fond of his BiWe, regular in his devotions, and ready to make confession when he had done wrong. The twenty-third Psalm was a favorite with him, and also the hymn, " Rock of Ages, cleft for me, Let me hide myself in thee." 480 ELIOT MEMORIAL. One day in February, 1853, when the dinner gong struck, he started a little in advance of the family, and in sliding down on the balustrade lost his balance and fell, his head striking on the marble floor. In the fall one scream was heard, but he did not breathe again. One minute in the land of the livino-, the next in the world of spirits. When this was announced to the Sunday School, all hearts stood still for a moment. {d) Guy Richards was another lad of the same age, ten years, as John E. Bowles, but the circumstances of departure were different. It was after six months of suf- fering, months, however, of uncomplaining, quiet endurance. For several weeks he had not been able to recline even for a moment, and kept a sitting posture all the while. For a time he was much troubled with a sense of sinful- ness, but an intelligent trust in the Saviour brought peace at length, "Christ comforts me," he would say. In reply to words of affection, and grief at parting with him, he replied, " But you have Jesus." Heaven seemed attractive to him chiefly because Christ was there. When the hymn, " There is a fountain," was sung, and the stanza, " Dear, dying Lamb, thy precious blood " was commenced, a sweet smile came over his face, and so he left us. That was in November, 1858. {c) Frances Elizabeth Murke. It was in the autumn of 1857 that this dear child of only five summers was OUR YOUNG SAINTS. 48 1 taken from us. Her parents were both of foreign nativity, one coming from Norway, the other from Scotland. Fanny was a noticeably dutiful girl, a member of the infant class in the Sunday School, prompt to learn texts of Scripture, and verses of sacred poetry. She was re- markably conscientious, and seemed to have habitually a glad sense of God's presence. In her last sickness she sang favorite hymns, so far as labored breathing would allow. Before sickness came on she often spoke of heaven, and of going to be with Jesus, and would ask questions like this, " What do they do there ? " Her thoughts ran on this line, "Jesus took little children in his arms; he will take me, too." Shortly before breathing her last she sang: " Mighty God, while angels bless thee, May an infant sing thy praise? Lord of all in earth and heaven, Let us now our voices raise, Hallelujah ! Hallelujah ! Praise the Lord ! " As her father stood weeping over her, she said, " Don't cry, papa ; Fanny is going to heaven ; Fanny is going to Jesus." And so she went, we believe, just at early dawn of a Lord's Day morning. These hosannas to Christ on earth are preparatory, no doubt, to hosannas in heaven. When the golden bowl of young life here is broken, and the silver cord loosed, then comes the harp of gold never to be unstrung. Ran- somed children form a large part of the choir of heaven. ELIOT MEMORIAL. It is not designed to make the impression that our children were all sweet little cherubs, even when expect- ing immediate departure. A girl of ten summers, sick beyond any thought of recovery, continued petulant. In the midst of excruciating pain she exclaimed, " Mother, I am dying, good-by ! " " O, my dear," said the mother, " I can hardly think you are dying." " Well, I am dying, and I think it is real ugly in you not to bid me good-by." She recovered, and retained more or less of the por- cupine. But it was a beautiful good-by that a dear German boy, who had been long wasting with consump- tion, gave just as articulation failed. " I am not dying," said he to his father ; " I am going to Jesus." In her last moments little Caroline was trying to explain to her deaf-mute father that she was going to a better home ; but in spelling out " beautiful home " with her fingers, her hand fell pulseless on the pillow. The aunt of a young girl, who had only a minute or two remaining, began to repeat to the child, " Jesus said, suffer the little children to come unto me " — but choking with emotion, could go no farther. The young sufferer then added, " For of such " — and with that her breath and life were gone. Intensely pathetic scenes and utterances crowd upon recollection. At the funeral of a precious lad (1869) thirty of his schoolmates stood round the casket, all of them in tears. At the funeral of a young lady, whose features were peculiarly pleasing, her little cousin, who had never OUR YOUNG SAINTS. 483 before seen a corpse, after gazing a few minutes, said aloud, " Mama, are all angels so beautiful ? " Very touch- ing it was to see an affectionate German child, not yet two years old, trying to find her deceased father. She pulled away a pillow ; then looked under the bed, and could be pacified only when taken to the casket, where, kissing the cold lips, she shrank back and cried aloud. CHAPTER XXXI. EPILOGUE. I. Harmony amidst diversity will impress any one upon a glance at the period which has been under review. There were elements in the church suggestive of anything but homogeniousness. At one point in the pastorate — it was in the twenty-first year — the writer found that Hindustan, Africa, the West Indies, Nor- way, Sweden, and Wales, had each sent us two mem- bers; the Sandwich Islands, three members; Germany, eight; Ireland, eleven; England, twelve; the British Provinces, twenty; and Scotland, twenty-four. More than a hundred, or one in six of the whole number (637) were born elsewhere than in the United States. These and other differences could hardly fail to be noticed on occasions when groups of converts were welcomed to our fellowship. In one instance the four had their birth respectively in Massachusetts, Scotland, Germany, and Syria. In another instance, out of five, three were from as many different states of our Union, one from India, and one from Hawaii. Previous eccle- siastical affinities of those coming by letter, or on first confession of faith, were various — Baptist, Freewill Baptist, Methodist, German Methodist, English Inde- pendents, Episcopalian, Presbyterian, Lutheran, Dutch EPILOGUE. 485 Reformed, and Associate Reformed. On the score of age there were wide differences. Limiting our view to converts who presented themselves for public assent to the Articles of Faith and the Church Covenant, fully one-half were minors — one being ten years of age ; two, twelve years of age ; four, thirteen ; ten, four- teen ; fifteen were fifteen ; while nineteen had reached their seventeenth year. Of those young friends eighteen had been baptized in infancy by myself. For the remaining period till 187 1, these various proportions appear to have been substantially the same, though the ratio of native-American birth and other points of coincidence were steadily increasing. Upon first thought it might seem that a body thus formed would be only a loose aggregation ; that elective affinity must surely run lines of separation, resolving the constituents into groups according to nationality, political affinity, grade of culture, valuation in the assessors' books ; that cabals, coteries, cliques were inevitable, and inevitably accompanied by jealousies and grudges. Whereas nothing of the kind appeared. Three or four crotchety individuals have been referred to; but being at most only one in a hundred, their idiosyncrasies reacted favorably, even to binding together the brotherhood in closer bonds. Individuality was not sacrificed. The members were not so many peas in a peck. They were so many various instruments harmonizing in a concert. I have 486 ELIOT MEMORIAL. never known, personally or indirectly, a church in which, for so long a time, there was such absence of alienations, the term aristocracy never being heard, and complaint or grumbling almost unknown. Kind feeling and Christian bearing were manifest. Newcomers and occasional visitors would sometimes say, What a social, genial, loving people you are ! The relation of church ofHcers among themselves and to the brotherhood in general, as well as pastoral relations, continued without jar. Meanwhile we had no occasion to call a council of sister churches, while of the eighty or more letters- missive received by us, nine were for advice regarding internal matters, some if not most of which had be- come the occasion of variance. The prevailing charac- teristics and tone of the Eliot Church suggested not unnaturally the final assemblage to which men will come from the east and from the west, from the north and from the south, and sit down with Abraham, Isaac, and Jacob in the kingdom of heaven. Foreigners ceased to feel like foreigners. They had become fellow-citi- zens in a Christian commonwealth. Sometimes, to be sure, I saw the eye moisten as their thoughts reverted to native hill and stream, to the father, mother, and pastor of early days. Here was a motive for kindness the same as was anciently enforced upon Israel, " For ye know the heart of a stranger." One secret of the social harmony that existed prob- ably lay in the tone of public ministrations. Jehovah EPILOGUE. 487 of hosts, in his immeasurable exaltation as sole crea- tor and supreme ruler; in his amazing condescension and loving-kindness to sinful man, as seen in the Un- speakable Gift — the incarnation of the Eternal Son, his humiliation, his entrancing perfection of character, his atoning sacrifice, his triumphant resurrection and ascension, his adorable headship, his mediation in be- half of the lost, and the absolute assurance of salva- tion to all who humbly and penitently trust in him, and their unutterable blessedness for ever and ever — these are leading truths which the author of our being designed should sway mind and heart. In the light thereof social differences seem slight. A great truth duly apprehended dislodges trifles, and has a signally assimilating power. We of this academy, said an ancient philosopher, have no leisure to mind such things as the affairs of the court. The demands of holy living, of Christ-like beneficence, once heartily accepted, appear infinitely great and dwarf other things to the infinitely little. No change can come over a man so great as the discovery how sinful selfishness is and how transcendently beautiful is holiness. The one epoch of existence is, not separation of soul and body, but eman- cipation from the controlling influence of what is purely personal, local, trivial, and becoming linked loyally to something higher than aught that either begins here or ends here, the realm of celestial goodness and saintship. " What will you now do with your astronomy," said a ELIOT MEMORIAL. friend to an astronomer who had become a convert to spiritual Christianity." " I am now bound for heaven," said he, " and I take the stars in my way." That is it; instead of God's mere works in the eye, God him- self, and heaven in the heart. It has been the same substantially alike with scientist and peasant. 2. A HAPPY PASTORATE. In the early days of my pastorate an ex-minister said to me that if he had known what trials were before him he would never have gone into the pulpit. Surprise was awakened. Looking back from the present standpoint, surprise waxes tenfold greater. The three decades of active service were a joyous period. True, it was not without some inconveniences. For example, I had occa- sion to make ten changes in arrangements for boarding or housekeeping. Each change led to a loss virtually of several weeks. In one instance I looked at not less than thirty houses, regarding every one of which there was some insuperable objection. Then, too, the increasing presence of a certain foreign element in the population was not an agreeable circumstance. To find the outcrop- ping of stealthy proselytism and open animosity, was not promotive of neighborhood comfort. In more than one of our families it was found that a child mumbled some- thing at the table, and elsewhere, which proved to be " Hail, Mary." They had been drilled by Roman Cath- olic domestics into a belief that salvation depends on EPILOGUE. 489 repeating Ave Maria, Our Mission Sunday School was denounced from the pulpit by a priest. A neighbor of mine, after discharging a Catholic servant, found his house set on fire four times. A member of our church, whose house was on fire, crossed over the street to where stood a woman, who remarked, " I wish all the houses on your side would burn up and burn the Protestants in them.'* Denunciation and dense ignorance should awaken pity and kind Christian efforts in behalf of the erring. One of my family, falling in with a girl who was on her way to St. Joseph's Church, entered into pleasant conversation with her, and, among other questions, asked, " Who came into the world to save sinners } " She answered, " The Sisters of Charity." Pitiable, yet comparatively pardonable. A letter was shown me from a person of an entirely dif- ferent grade, a person of culture, who stood in most inti- mate relations to the recipient, and who had become a pervert. I was allowed to take a copy. The following is one of the paragraphs : " I abhor Protestantism, because I know all about it ; because I know that it is a per- petual contempt of God, a perpetual rejection of Christ, a perpetual hatred of the truth, and for all who intelli- gently and willfully follow it, it is eternal damnation. I hate it and abominate it as an evil of the devil's own hatching, and I despise it as much as I hate it." The foregoing were doubtless extreme and exceptional cases. Such are apparently less representative of the present than of that period. Utterances of that kind were, how- 490 ELIOT MEMORIAL. ever, too common to make fellow-citizenship entirely agreeable. On the other hand, there were tokens of partial and even complete emancipation from the power of Popery. A couple came to me to be married because the priest would not marry them during Lent. Several who had been brought up in the Roman Catholic belief — nearly all of them women, one of whom had been a nun — joined the Eliot Church. Some of them suffered, in con- sequence, a measure of persecution from relatives. Escape or redress was nearly impossible. A little boy — noble fellow ! — after his widowed mother had become an intelli- gent Protestant, spent a night at his grandmother's, and on going to bed kneeled down and repeated, " Jesus, tender shepherd," etc. "Where did you learn that.?" said the grandmother. " At the Sabbath School," answered the lad. "What Sabbath School?" "Mr. Thompson's." " Never go there again," added the old lady with a threat. " Now, look up to this picture of the Holy Virgin, and pray." The boy, dropping his head, repeated the second commandment. Illness, recurring often, was indeed a trial, and a severe trial, chiefly because of interference with official labor. Deaths in my own family circle fed the fountain of sympathy with others who were bereaved. But amidst all, there was joyful absorption in ministerial duties. Annoyances and sorrows failed to shut out the sunlight by day, and there were no thorns under the pillow at EPILOGUE. 49 1 night. For one thing, disquieting rumors about concerns personal to myself did not come to-my ears. The least probable story — after one of Dr. Charles Finney's books had been lent from my library to a lady of another congregation — was that I had become a perfectionist. Somewhere in the year 1868, it came to me from three different sources that Colonel called with a request to have notice from the pulpit given of a fair to aid dis- abled soldiers of the Grand Army of the Republic, and that the request was discourteously declined. In point of fact. Colonel was never in my house, and I never had communication with or from him but once, and that was five years previous, nor was the request referred to made by any one. There was exemption from one trial to which many ministers of our day are subject, brief pastorates and inef- fectual candidacies. Forbearance and lenity on the part of the church favored my gratification in the stability of sacred relations. The writer never heard of another church, the pastorship of which he would have preferred, nor did he listen favorably to overtures for a change, whether to a different pulpit, or, as twice solicited, to a college professorship, or when three times a chair was offered in a theological seminary. Valuable service could thus be rendered to those institutions by declining. Changeableness has never characterized the Eliot Church. Between 1842 and 187 1, twenty-four Congregational churches were organized in Boston and the six adjoin- 492 ELIOT MEMORIAL. ing cities or towns ; while eight were merged in other churches, and eleven disbanded. Eighty-five pastors were installed, and the number of dismissions were painfully numerous. Whatever else there might be, conditions and cir- cumstances to gladden the heart never failed. Our place of worship required enlargement at two different times. The salary was raised more than once or twice, but not at any suggestion of mine. Publications in book-form resulted, for the most part, from seasons of sickness which barred the pulpit, and from the employment of an amanu- ensis, which for many years was required by weakness of the eyes. I could never have performed the manual labor and other forms of needful labor. One work went through twelve editions ; and this side matter of author- ship found not a little compensation in testimonies, oral and written, from a good many sources, of conversion and spiritual helpfulness. It was along the same lines, those last named, that chief joy arose for thirty years. Frequent shortcomings, and depression at times, must be acknowledged. But I am not now seated at a public confessional. Whatever might be the consciousness of deficiencies in the pulpit, that was still a place of delight. Approaching the house of worship along a shaded avenue, I seemed to hear in the voice of the tolling bell an invitation as sweet as it was solemn — Come all ye that fear the Lord, bow down before Him ! All ye weary and heavy laden, come and EPILOGUE. 493 find rest to the soul ! Sons and daughters of affliction, come and pour out your hearts! Come rich and poor; come youth in thy freshness, come man of gray hairs; come father and mother with the children ; come widow in thy loneliness ! Our Heavenly Father bids all to come ! Pastoral visitation, too, had its joys — joys not easily expressed. Tokens of personal regard — oral, floral, and in other forms, were indeed abundant ; there was unfail- ing kindness and generosity; but the highest gratification sprang from witnessing beautiful developments of char- acter. These were usually gradual, though sometimes rapid. Thought uniformly ran forward to the future of each individual. Not only the educated and conspicuous, but often those in humblest positions and of scantiest cul- ture showed elevation of soul and unselfish breadth of view. Not a few instances now rise before me. A pecu- liarly amiable and retiring member of the church, extremely limited in her means, requested with dying breath, that a certain sum should be handed me in aid of missions. A widowed mother, whose barrel and cruise were never full nor ever empty, charged her daughter to pay, of a certain amount, one-third to the home cause and two-thirds to the foreign. I was with a woman in paroxysms of dis- tress during the last hour of life, who uttered no com- plaint and only thanks for the Unspeakable Gift given for all. Soon after her funeral I called on the bereaved husband, who brought to me the purse which had not 494 ELIOT MEMORIAL. yet been opened, and which was to help send the gospel to perishing heathen, who engaged her dying thoughts. A miss of fourteen drew out from beneath the pillow on which her head was resting for the last time, bright coins for the children's fund for foreign missions. I can now see those cold, white hands — each arm to appearance in a shroud — dropping contributions into the Lord's treas- ury. With special vividness there comes to mind the case of a dependent widow away back in the forties (1848), who for the last two years of her life was unable to get to church or to the monthly concert. She was also unable to read the Missionary Herald, for a cancerous affection was consuming her eyes. Suffering was intense. When the great change came near, the daughter said, " Mother, what is your strongest desire now ? " After a moment's pause, she replied, " The conversion of the world ; the conversion of the world ! " Bright prospects for eternity gilded scores of homes. During the period specially in mind more than seven- teen thousand calls were made. There was an elastic step in passing from house to house ; and no wonder when the record of a single afternoon, not wholly peculiar, suggests what tides of pastoral enjoyment were experienced. Of three visits, the first was on a widow, aged eighty-eight, who had long been eminent as a Christian, and deeply respected as the wife of a prom- inent minister. In the course of conversation, " I must cling to Him," said she ; " I cannot help loving Him ; EPILOGUE. 495 He is the dear, precious Jesus." The second visit was with a plain old lady of seventy just recovering from severe sickness. " I have been thinking a great deal about what they do in heaven." " And what are your thoughts about it ? " " Well, my small idea is that they don't do much besides serve and praise Christ. He is the foundation and topstone, all in all." The third talk was with an ingenuous little boy eight years old. After many things had passed, " Well, James, do you hope to grow up to be a useful Christian ? " "I would rather die and be with Christ; I should be so much more like Him, and I shouldn't sin any more." Not less than three thousand five hundred scholars had been in the Sunday School, and over a thousand individuals had joined the church. It seemed, and still seems, that if heaven had only our Lord and departed members of the Eliot Church, it would not be a small heaven, and would be the abode of joy unspeakable and full of glory. To be on terms of hallowed inti- macy year after year with such saints, young and old; to see men, women, and children coming out of dark- ness into God's marvellous light ; to be an instrument in the divine hand for binding up broken hearts ; to find so many tried ones reposing sweetly on prom- ises exceeding great and precious ; to have opportunity to preach Christ and Him crucified once a week, and to speak privately of Him every day in the week — these things enable me to enter fully into the expe- 496 ELIOT MEMORIAL. rience of John Brown, of Haddington : " Were God to present me with the dukedom of Argyle on the one hand, and the being a minister of the Gospel, with the stipend which I have had, on the other, so pleasant hath the ministry been to me, notwithstand- ing all my weakness and fears of little success, I would instantly prefer the latter." THE END. INDEX. Abbott, Jacob, 30, 34, 283-2S5. Abbott, J. S.C, 34-37. Absences, 163-169. Adam, Thomas, 165. Adams, Asher, 349. Adams, Rev. C. S., 229-230. Adams, J. Q., 350. Adams, Dr. N., 40, 186. Adams, Solomon, 288-290. Adams, Dr. William, 159. Alcott, W. A., 287-288. Amanuensis, 166. Ambrose, 102. Amelia, Princess, 426. American Board, 138, 154. Anderson, Rev. E., 401. Anderson, Mrs. E. H., 456-461. Anderson, Miss E. H., 425-427. Anderson, F. E., 298-300. Anderson, H. H., 309-310. Anderson, Dr. R., 138, 155, 187, 188, 239- 242, 263. Anniversaries, 151-157. Antietam, Battle of, 162. Arianism, 18. Army Service, 157-163. Artists, 332-337. Ashley Church, 25. Associate Pastor, 168. Assimilation, 486. Atkins, M. E., 427-428. Awakening, Evan'l, 25, 26. Backup, Miss E. E., 279-2S0. Bad Boys, 140. Baker, Abel, 154. Baker, C. H., 422-423. Ballister, J., 349. Bannister, William B., 195. Baptism, 99. Baptist Church, 28, 31. Bartlett, Phebe, 174. Basford, M. J., 441. Basil, 165. Baxter, Richard, 164. Beecher, Dr. L., 188. Beecher, Laban S., 73, 349. Bell, Ann, 430-431. Bell, Dr. Robert, 33C-331. Belsham, 17, 63. Berry, N. C, 308-309. Beza, 164. Bible Distribution, 147. Biographical Sketches, 193-472. Bible Study, 127-128. Blindness, 339. Bliss, S., 371-372. Boardman, S. E., 414-415. Bond, A. M., 428-429. Bond, C. W., 429-430. Bond, Richard, 67, 357-358. Boston, 2, 3. Bowditch, 168. Bowes, P. M., 343-344- Bowker, Mrs. A., 84. Bowles, J. E., 479-480. Bowles, S. J., 349. Bowles, Dr. S. W., 327-328. Bradford, J. R., 214-216. Brainerd, D., 475. Bray, C. F., 349. Briggs, L. H., 212-214. Bright, John, 49. Brock, W., 349. Bronchitis, 168. Bronner, B., 129. Brook Farm, 10. Brothers, 80. Brown, John, 59, 361-362. Brown, J. E., 388-390. 498 INDEX. Brown, N., 349. Brown, N. H., 383-385- Buckingham, Gov., 107, 194. Bull Run, Battle, 159. Bumstead, A. W., 273-275. Bumstead, E. W., 275. Bumstead, Dea. J., 276. Bumstead, M. G., 275-277. Bunker, L. B., 260-262. Burder, Rev. Geo., 84. Burgess, Dr. E., 28, 29, 31, 40, 41. Business Integrity, 222. Butterfiekl, H. Q., 290-293. Callen, Mary, 446-448. Calls, Church, 38, 39. Calls forgotten, 52. Candidating, 491. Carson, R. M., 162, 373-374- Carruthers, J. C, 381-382. Caswell, Mrs. H. S., 266-267. Catechism, Assembly's, 449. Cemeteries, 2. Chalmers, Dr., 89. Chalmers, Rev. Mr., 188. Chamberlain, T., 349. Channing, Dr. W. E., 16, 18. Childs, J. P., 417-418. Children, 473. Children's Meetings, 137. Christ and Children, 473. Chrysostom, 165. Church Clerks, 32. Church Corporation, 22. Church Fellowship, loS-iio, 187. Church, First, 3, 15. Church Discipline, 110-113. Chiirch Functions, 96. Church Independence, 20. Church Life, Early, 33. Church members converted, 54, 116. Church Mission, 185. Church Prayer Meeting, 100-108. Church Property, 20. Church, West Roxbury, 4. Church, St. James, 28. Cigar-smoking, 215. City Mission, 141-148. Civil war time, 157-163. Clap, James, 362-365. Clark, Rev. J. S., 248-250. Codman, Dr. John, 15, 30, 35, 40, 41. Codman, Mrs. Dr., 464-466. Coincidences, 78-86. Colonial Churches, 170-181. Communion Service, 96-100. Compliments, 53. Composure in Battle, 161. Conant, Rev. E., 226. Conference of Churches, 183. Congregational Churches, 182. Contentment, Holy, 54. Contrasts, 78. Cough, Whooping, 166. Councils, Ecclesiastical, 183. Criticisms, 44. Cross, B., 349. Cunmiings, A. I., 325-326. Dana, R. H., 6. Davenport, Dr. F. H., 330. Davenport, H., 349. Davenport, W. W., 202-206. Day, Moses, 349. Day, Moses H., 174, 210-21 1. Day, William F., 222-223. Deacons, 193. Deaf- Mutes, 338-348. Dearborn, II. A. S., 9. Deaths, Early, 477-479. Deaths, numerous, 173-175- Deaths, simultaneous, 72, 83, 84. Deaths, sudden, 66-68, 223, 257, 271, 366. Deaths, tragic, 68. Dedham case, 20-24. Denison, J. H., 395-396. Denison, J. N., 358-360. Desiring to depart, 495. Diaconate, The, 193-223. Dickinson, H. L., 434-436. Dillaway, C. K., 63. Dismission, 35. INDEX. 499 Discourtesies, 63-65. Diverse Membership, 484-486. Divorce, 45. Domett, George, 366-367. Dorcas Society, 140-141. Dudleys, 5. Dunning, Dr, A. E., 175. Dying in sleep, 440. Dying parishioners, 65. Ecclesiastical Diversity, 484. Echeverria, M. A. M., 421-422. Educators, 283-302. Edwards, Jonathan, 475. Effusive talk, 88. Eliot Church, 28. Eliot Church Deacons, 33. Eliot City Mission, 141-148. Eliot, John, i, 12, 32. Ellsworth, Gov. W. W., 194. Eminent men, 5-13. Emerson, R. W., 41. Epilogue, 484-496. Eustis, Gov. W., 7. Evarts, Jeremiah, 18. Evarts, Mrs. Jeremiah, 38. Examination by Council, 39. Exchange of pulpits, 186. Expository preaching, 48. Extra-parochial, 60. Eyes, closed, 82. Eyes, weak, 166. Fairbank, M. B., 263-265. Family, The, 74. Fellowship, Right-hand, 40. Female Prayer Meeting, 136-137. Fellowship of Churches, 1 08-1 10, 182-184. Fellowship of Pastors, 185. Fenn, H. T., 415-416. Firm principle, 216. Fisch, Pastor, 188. Flint, E. P., 385-386. Forbes, M. C, 262-263. Foreigners, 486. Forest Hills Cemetery, 2. Franklin, C. S., 436-437. Free Church, Scotland, 26. Freeman, James, 14. Fuller, Gen. H. W., 316-317. Fuller, Samuel, 194. Funerals, 68. Funeral discourses, 162. Funerals, frequent, 71. Funeral notices delayed, 61. Funeral quartette, 74. Furber, D. L., 152. Gager, William, 194. Garfield, President, 136. Garratt, A. C, 322-324. Gaston, Hon. Wm. , 77, 307-308. Gerry, S. L., 333-334. Gill, Dr., 476. Giving, Means of, 85. Golden Weddings, 155. Goodell, Dr. W., 102, 189. Goodrich, Samuel G., 10. Greene, Rev. David, 38, 73, 142, 242-245. Greene, D. B., 311-312. Greene, D. C, 258-260. Greene, J. E., 313-314- Greene, Mary Evarts, 245-247. Greene, Hon. R. S., 314-316. Greene, Rev. Samuel, 277-279. Greenough, Rev. W., 408. Grush, J. W., 402-404. Gulliver, John, 122, 143, 349. Gulliver, D. F., 321-322. Gulliver, J. P., 392-393- Hall, A. H., 405-407. Hall, J. M. W., 390. Hall, S. W., 349. Hamilton, Angenette F. T., 419. Hamilton, Dr. B. F., 152, 157, 193. Harmony, 484. Harvard College, 19. Harrison, President, 135. Hastings, D. J-, 382-383. Hawaiian Princes, 153. Headache, 164. 500 INDEX. Hearing for others, 45. Heath, Gen., 7. Heath, John, 31, 66, 353-355. Henry, Matthew, 476. Hewitt, G. R., 407-409. Highland Church, 173-175. Hill, Charles \V., 217-219. Hill, G. E., 396. Hill, Henry, 38, 150, 199-202, 247. Hill, FI. M., 379-381. Hollis, Thomas, 19. Hodge, Dr. Charles, 157. Hollanders' Chapel, 184. Holmes, O. W., 6. Home, 135. Honorable Women, 432-472. Hooker, M. V., 466-467. Hooker, Rev. E. W., 234-236. Hooker, Rev. H. B., 250-253. Hooker, Thos., 250. Horse Cars, 3. Hubbard, J. W., 311. Hulbert, C, 349. Huguenot Seminary, 274. Huntington, E. B., 208-210. Huntington, Mrs. S., 477. Hurter, G. C, 255-257. Hurter, E. G., 257-258. Impostors, 89-91, 94. Indians, i. Indian Bible, 12. Insomnia, 163, 165. Intellect disordered, 92, 93. Intemperance, 62. Interdenominational, 62. Ireson, Wesley, 66, 376-377. Jamaica Plain, 4. Jefferies, Dr. J., 167. Joy in suffering, 55-58. John Eliot Church, 184. Kenilworth, 32. Kindness, Parochial, 168, 492. Kingman, Abner, 367-369. King's Chapel, 14. Kirk, Dr., 186. Kittredge, Alvah, 30, 38, 123, 153, 195- 197. Kittredge, Mrs. A., 433-434. Kittredge, Dr. A. E., 123, 401-402. Kittredge, Rev. C. B., 226-22S. Kittredge, G. A., 386-388. Kuhn, Mrs. M., 444-446. Lambert, W. G., 198-199. Lambs Fed, 133. Laurie, Dr. T., 186, 189. Laymen, Noteworthy, 349-377. Lawyers, 303-319. Leake, Mrs. M. P. H., 247-248. Liberalism, 14-26. Lincoln, President, 136. Loker, J. D., 162. Longevity, 216, 448-455, 463. Loomis, Mrs. J. H., 267-268. Lord, President, 188. Losses in War, 161-163. Loyalty, Civil, 157. Lynde, C. F., 346-347. Lynde, M. C, 347-348. Lynde, W., 344-346. Mann, Dr. Benj., 329. Mann, E. P., 335-336. March, Andrew S., 206-208. Marriages, 74-77. Marriage certificate, 76. Marriage and Death, 77, 78. Marriage fees, 75, 76. Marsh, J. P., 340-342. Marsh, L. G., 467-470. Marsh, Mrs. P. P., 342-343. Marshall, Andrew, 219-221. Massachusetts 45th Regiment, 160. Maternal Meeting, 132-136. McGaw, J. A., 349. McNee, Mrs., 67. Means, Dr. J. H., 186. Means, Dr. J. O., 167, 171, 186. Melancholia, 118. Merrill, F. T., 336-337. Meserve, I. C, 404-405. INDEX. SOI Mills, Rev. C, 173. Ministers' Wives, 455-456. Ministerial Colleagues, 410-419. Ministerial Recruits, 392-409. Missionaries, 255-282. Missionary Officials, 237-254. Missionary Spirit, 237-239. Mitchell, D. M., 144, 230-232. Monthly Concert, 137-138. Morse, S. E., 231. Mothers, 135-136. Mourner, intoxicated, 69. Munroe, C. W., 277. Murder, 71. Murke, F. E., 480. Murray, Andrew, 276. Nationalities, various, 484. Neff, Felix, 106. Newell, Samuel, 11, 351. Nichols, W. R., 294-29S. Night visits, 56. Norton, Andrews, 41. Novel-readers, 117. Nute, T. R., 328. Nutting, J., 448-451. Obstructionist, 78. Only Sons, 161. Orphans, 61. Orthodox Awakening, 15, 25, 27. Packard, Otis, 349. Paris, M. C, 260. Parish, 142. Parish calls, 50. Parishioner, pretentious, 51. Parishioners, complaining, 52. Parishioners, ministerial, 224-236. Park, Dr. E. A., 408. Parker, Chief Justice, 22. Parker, John A., 79. Parker, Mrs. S. E., 121. Parker, Theodore, 41, 48. Park St. Church, 102. Pastorate, Happy, 488-496. Payson, Dr. E., 206. Peck, S. E. R., 461-462. Peculiar People, 86-95. Penniman, C. F. , 418. Perkins, Benjamin, 146, 253-254. Perkins, Rev. F. B., 400-401. Perkins, S. M. H., 412-413. Physicians, 2, 320-331. Pierce, Dr. John, 164. Piety, early, 474-477. Piety amidst poverty, 55-58. Piety, refining, 59. Pithy sayings, 53. Plumb, Dr. A. H., 180, 186, 272. Polycarp, 474. Poor, Dr. Daniel, 189. Porcupine man, 88. Porter, Dr. E., 15. Porter, Rev. Huntington, 225-226. Porter, J. W., 317-319. Porter, Miss Laura, 248. Porter, Mrs. S. C, 470-472. Porter, Rev. W. H., 229. Pratt, Rev. L., 412. Pratt, S. P. G.,411-412. Prayer answered, 107. Prayer for colleges, 138. Prayer meetings, 100-108, 132. Prayer pertinent, 103. Prentiss, Dr. N. S., 11, 31, 44, 349-353. Priestly, Dr., 63. Publications, 153. Pulpit, The, 43-49. Pulpit exchanges, 186. Pulpit preparation, 46, 47. Punctuality, 207. Quartettes, 73. Receptions, 153-157. Reed, Dr. Andrew, 30. Retreat, A, 185. Revivals, 1 13-120, 341. Richards, Rev. A., 154. Richards, Guy, 480. Robinson, Mr., 91. 502 INDEX. Rockwood, Rev. L. B., 233-234. Rogers, Wm. M., 34. Roman Catholics, 488-490. Root, Mrs. V. A., 334-335. Ropes, Hon. J. S., 369-370. Ropes, W. L., 393-394. Roxbury, 1-13, 27, 37. Roxbury, First Church, 3, 12. Roxbury, West, 4, 10, 40. Russell, Hon. C. T., 305-306. Sacramental Services, 96-99. St. James Church, 28. Salaries, 35. Sandwich Case, 24. Sargent, L. M., 10. Sciatica, 167. Scripture for soldiers, 158. Scripture memorized, 133. Scudder, Dea. Charles, 269. Scudder, David C, 26S-271. Scudder, Rev. E., 39S-399. Scudder, H. E., 300-302. Seeking settlement, 37. Sermon preparation, 46. Sermon borrowed, 49. Sermon topics, 43, 46, 47. Sermons destroyed, 48. Sermons re-written, 45. Settlement declined, 39. Severance, E. H., 349. Sewall, W., 394. Shedd, Dr. W. G. T., 188, 409. Shipwreck, 71. Shirley, William, 7. Shoddy Parishioner, 51. Short, Charles, 293-294. Sickness, 163-169. Silsbee, E., 423-424. Sleeping at Church, 82, 83. Smith, Rev. Levi, 144. Smith, Rev. S. S., 224-225. Society women, 51. Sociability, 149-150. Soren, J., 349. Spiritism, 112. Spiritual growth, 14. Steele, C. R., 423-424. Steele, H. S., 326-327. Stoddard, Charles, 82. Stone, Mrs. C. L., 437-438. Stone, Miss C. M., 438-440. Stone, Capt. E., 158. Stone, Miss E. M., 272-273. Stone, Col. E. W., 390-391. Storrs, Dr. R. S., 102, 186. Stowe, Prof., 409. Street, M. A., 416-417. Strong, Gov. Caleb, 82. Strong, E. G., 413-414. Strong, E. E., 184. Stuart, Gilbert, 9. Sumner, Increase, 7. Sunday Schools, Boston, 121-123. Sunday School, Eliot, 119, 123, 131, 377, 495- Sunday Schools Mission, 121, 122, 142, 144, 304. Sunday School Superintendents, 130. Surprise parties, 149, 150. Surprises, 82. Sympathy, exhausting, 57. Tertullian, 102. Thayer, R. H., 349. Thompson, T. S., 161. Thurston, William, 122. Tinkham, Capt., 67, 349. Tract distribution, 142. Trading on Philanthropy, 94. Treat, Sela B., 164. Treadvvell, Gov., 194. Twombly, Dr. A. S., 399-400. Underwood, Miss S. M., 2S0-282. Unitarianism, 14. Unitarians, 117. Universalism, 14, 27. Vine Street Church, 170-172, 183. Visits, Pastoral, 493-495. Waldoborough, 232. INDEX. 503 Walley, Hon. S. H., 38, 303-305, 382. Walley, W. P., 316. Ward well, A. F., 440. Wardwell, W. H., 374-375. "Walnut Avenue Church, 175-181. Warren, Gen., 8. War-time, 157-163. Waters, A. F., 442-444. Waterman, Lucy, 451-453. Waterman, M., 355-357. Weddings, Golden, 155. Week of Prayer, 138. Wesley, John, 163. Wesson, S., 453-455- West Roxbury, 4. Wheelwright, Eben, 151, 349. Wheelwright, H. B., 324-325. White, I. D., 360-361. White, I. C, 152, 396-398. Widows, 462. Wildes, Sophia, 73. Williams, Thos. S., 194- Wine at Weddings, 75. Winslow, Admiral J. A., 11. Wives of Ministers, 455. Wolff, H. C. B., 410-41 1. Women, Honorable, 432-472. Women, Young, 420-431. Woodbridge, Rev. W. C, 73, 285-287. Yale College, 231. Yankee, typical, 186. Young Men, 378-391- Young Men's Meeting, 137. Young Women's Meeting, 137.	__label__neg	eliotmemorialske00thom	OL14006175M	OL7574723W	534	1,900
zh	N/A	N/A	基于一对多建筑供应链材料允许缺货下的联合库存优化钟德强，郭薇 (湖南工业大学管理科学与工程研究所，湖南株洲 412007) \[摘要\]研究由 ·个总承包商与多个分包商组成的建筑材料供应链的联合库存问题，在允许缺货情况下，建立联合库存成本模型，比较分析传统独立库存与联合库存的成本，证明供应链联合库存总成本优汁传统独立库存总成本，并以一个总承包商、两个分包商为例，研究了联合库存下的成本分配问题，证明用Shapley值法分配成本，各参与方在联合库存下分担的成本均低于传统独立库存下的成本。 \[关键词\]建筑供应链；允许缺货；联合库存；库存成本：Shapley值法 \[中图分类号\]F426.92；F274；F253 \[文献标识码\]A \[文章编号\]1005-152X(2015)02-0123-03 Joint Inventory Optimization for Order Backlogging Allowed One-to-many Construction Material Supply Chains Zhong Deriang， Gur Wei (Researeh Instilute of Management Scienre& Engineering， Ilunan Lniversity of Technology， Zhuzhou 412007， China) Abstract： In this paper， we studied the joint inventory practice of a construction materjal supply chain compsed of one master _contractor and multiple suheontractors， established the corresponding joint inventory cost model which allowed for order backlogging， ihen_ analyzed and compared the cost of the traditional independent inventory and the joint inventory， proved the superiority of the latter and at the end in the case of a supply chain composed of one masler comractor and twn subreontractors， studied the cost allocation of the supply chain under the joint inventory practice. Keywords： construction supply chain； order backlogging allowed； joint inventory； inventory cost； Shapley method 1 引言近儿年，随着我国城镇化战略的实施，建筑业得到了迅猛发展。在施工技术日益完善的今天，成本控制成为了重中之重。而建筑材料作为占施工造价60%左右的基础物质，由于其需求可提前计算，成为了控制造价的重要对象。降低建筑材料的库存成本成为控制总成本的有效途径。供应链管理思想在制造领域的成功给建筑业的成本管理带来了新的契机。目前，国内外专家学者对建筑供应链及联合库存的研究还处于起步阶段。郭大宁提出，库存控制的最优化目标不仅是供应链环节中某一个或某几个节点企业的库存最优化，而是整个供应链环节有机、协调、一体化库存的最优化、叶吉庆“将联合库存思想引入建筑供应链中，以期提高建筑供应链库存水平，从而提高建筑企业竞争力。以上文献人都只是从理论上阐述了联合库存的优越性，并未给出具体的数学建模进行验证。张伟伟建立了一个不允许缺货、补充时间极短的简单联合库存管理模型。但是该模型情况特殊，不满足建筑材料供给情况。肖燕在其基础上，考虑了有初始库存、允许库存短缺、缺货需立即补充的情况，建立了合理的库存成本模型、邵必林建立了建筑供应链环境下的库存成本控制模型，并与传统模型进行比较，证明了联合库存比传统模型更加节约成本。朱宏证明了短期激励下，供应商管理库存增加了供应商相关成本，应该采取相应的措施激励供给双方采用联合库存。以上文献给出的模型存在以下缺陷：一是只考虑了一个施工方与一个供应商的情况，而建筑供应链环境下，多使用总承包商概念，总承包商将任务分包给若干分包商，因此，一个总承包商与多个分包商更符合实情。。二是采用联合库存存在供应链总成本减少，但各方成本有增有减的情况，因此应该考虑对节约的成本进行合理分配。本文研究一个总承包商与多个分包商的联合库存问题，建立一个一对多的联合库存成本模型，比较传统独立库存与联合库存的成本，并用Shapley值 \[收稿日期\]2014-09-28 \[作者简介\]钟德强(1963-)，男，湖南工业大学教授，博士，主要研究方向：技术创新管理、物流与供应链管理；郭薇(1989-)，女，湖南工业大学硕上研究生，主要研究方向：物流与供应链管理。法对联合库存节约的成本进行分配。 _2_ 模型建立该模型是包括一个总承包商、n个分包商的模型系统，分包商发生材料需求，向总承包商反映。供应链中各方组成一个联合库存，共同制定订货批量，分啦成本与风险。假定D为需求率(即单位时间需求量.单位时间为日)；Q为订货经济批量；Q为初始存储量；Q：为缺货量；t为不缺货时间；tz为缺货时间；H为单位时间存储费；K为单次订购费；S为单位时间缺货费。允许缺货，即一次订货可分为两次送达，第一次送货量为Q.，第二次送货量(即补送货量)为Q公补足缺货后仍有Q=D×t，不缺货时间= ，缺货时间 0-Q)xS、2×Q其模型示意图如图1所示。图1 允许缺货的经济批量补货系统假定： (1)分包商在施工过程中对产品的需求是连续均匀的，即需求速率为常数； (2)总承包商的单位时间存储费不变，每次订货量不变，每次订货费不变； (3)分包商的单位时间存储费用不变，每次订货量不变，每次订货费不变； (4)考虑到实际情况，允许缺货，缺货须立即补充，对缺货损失可以定量化研究，单位时间缺货费不变； (5)分包商与分包商、分包商与总承包商相互独立。 2.1 传统独立库存模型在传统独立库存模型中，分包商为强势方，可以根据自己的资金情况和利润最大化原则来确定经济订货批量，分包商的单位时间库存成本为：其中，Q为传统独立库存下分包商i的初始存储量；H为分包商i的单位时间存储费；S为分包商i的单位时间缺货费； K.为分包商i的单次订购费。D为分包商i对材料的需求率；0.为传统独立库存下分包商i的订货经济批量。将式(1)对Q求导，并令其等于零，得到初始存储量Q：将式(2)代人式(1)，并对Q求导，同样令其等于零，得到经济批量Q：将式(2)、式(3)代认式(I)，得到分包商最小单位时间成本Clirmin为：总承包商为供应链中的弱势方，只能被动接受分包商的订货批量Q，且初始存储量也等于分包商的初始存储量(Q)，总承包商的单位时间库存成本为：其中，证为总承包商的单位时间存储费；S为总承包商的单位时间缺货费；K为总承包商的单次订购费。将式(2)、式(3)代人式(5)，得：传统独立库存下单位时间总成本为总承包商与分包商单位时间成本之和，则单位时间总成本为： _2.2_ 耳联合库存模型在联合库存模型中，总承包商和分包商的初始存储量、缺货量及订货经济批量相同，由供应链各参与方共同协商，其目的是使各节点企业对批量的需求保持一致，消除库存放大效应和不确定性，实现风险共担和整体供应链利润最大化。单位时间联合库存成本为： A为联合库存下分包商i的初始存储量：Q为联合库存下分包商i的订货经济批量。将式(8)对A，求导，令其等于零，得：将式(9)代人式(8)，对Q求导，得：将式(9)、式(10)代入式(8)，得： 2.3 单位时间传统独立库存成本与联合库存成本的比较 _(H+1_ MS+SN(E.+S)，an-0；，≥0，则有：单位时间联合库存成本小于单位时间传统独立库存成本，联合库存方式能减少供应链库存成本，这说明就供应链总体而言，联合库存方式可行。 3 算例分析本文以一个总承包商、两个分包商为例，I可以看成由三个节点企业组成的联盟体，s为联盟体I的联盟子集，S，是I中包含i企业的所有联盟子集，u(s)为联盟子集产生的效益， u(s)-u(s\\i)表示企业i对子集s的效益所做的贡献大小。 W(s)=(n-isJts(-1，其中， lsl表示子集的数量，n表示参与花!作的对象数量。将总承包商、分包商1、分包商2分别记为B、1、2，相关参数如下：K=2 100元/次，H=20元/t/日，S=10元/t/口， Dj=300t/日，K：=1 000元/次，H=15元//日，S=5元/t/日，D=400t/日，K：=1 800 元/次，H=16元//日，S=8元//日，则联合库存前各方成本：总承包商成本：C=6298.843；分包商1成本：： CAmin=1500；分包商2成本： Crzwoin=2 771.281；库存总成本：1=10570.124。 (1)三个企业联合库存：1=10538.099。在三者联合库存中，如果均摊，则每家企业摊得3512.7，这对分包商来说，比单独库存时的费用还要大，显然分包商不愿意。故要用Shapley 值法来分配效益。 (2)总承包商与分包商1联合库存，分包商2单独库存：7=10539.351。 (3)总承包商与分包商2联合库存，分包商1单独库存：1=10568.823 10 539.351=30.773；u(z，2)=1-12=10570.124-10 568.823=1.301；v(z，1，2)=I-1612=10570.124-10 538.099=32.025其具体分配见表1-表3。表1 总承包商的利益分配表 \| S \| \| {z1} \| {z2} \| {2，1，2} \| \| --- \| --- \| --- \| --- \| --- \| \| D(S) \| 0· \| 30.773 \| 1.301 \| 32.025 \| \| u(sz) \| 0 \| 0 \| 0 \| 0 \| \| u(5)-1(8z) \| 0 \| 30.773 \| 1.301 \| 32.025 \| \| s \| \| 2 \| 2 \| 3 \| \| W(s) \| 173 \| 176 \| 1/6 \| 1/3 \| \| W(s)\[u(s)-u(sz)\] \| 0 \| 5.129 \| 0.217 \| 10.675 \| 由表1可得，联合库存下总承包商分配的利益为p.(t)=0+5.129+0.217+10.675=16.021。表2分包商1的利益分配表 \| S \| 1 \| z1} \| z2} \| 21，28 \| \| --- \| --- \| --- \| --- \| --- \| \| 飞(s) \| 0 \| 30.773 \| 1.301 \| 32，025 \| \| u(s\\1) \| Q \| 0 \| 1.301 \| 1.301 \| \| D(s)-u(5\\1) \| Q \| 30.773 \| 0 \| 30.724 \| \| S \| 1 \| 2 \| 2 \| 3 \| \| W(s) \| 1/3 \| 1/6 \| 1/6 \| 1/3 \| \| W(s)\[u(5)-u(5\\1)\] \| 0 \| 5.129 \| 0 \| 10，241 \| 由表2可得，联合库存下分包商1分配的利益为P(D)=0+5.129+0+10.241=15.37。表3分包商2的利益分配表 \| S \| 2 \| {z1} \| {z2} \| {2，1，2} \| \| --- \| --- \| --- \| --- \| --- \| \| u(s) \| 0 \| 30.773 \| 1.301 \| 32.025 \| \| u(S2) \| 0 \| 30.773 \| Q \| 30.773 \| \| u(S)-D(5\\2) \| 0 \| 0 \| 1.301 \| 1.252 \| \| \| 1 \| 2 \| 2 \| 3 \| \| W(S) \| 1/3 \| 116 \| 1/6 \| 13 \| \| W(5)\[u(S)-D(S2)\] \| 0 \| 0 \| 0.217 \| 0.417 \| 由表3可得，联合库存下分包商2分配的利益为g，(t)=0+0+0.217+0.417=0.634。容易验证， pz+pi+p：=32.025。这种分配不是简单的平均分配，而是基于各合作伙伴在合作联盟经济效益产生过程中的重要程度来进行分配的一种分配方式，有一定的合理性和优越性。最后，在供应商管理库存总成本10538.099中，各企业的费用分担分别是： (1)总承包商成本为：C-P.(U)=6298.843-16.021=6 282.822； (2)分包商1的成本为：C1mi-9(u)=1500-15.37=1484.63； (3)分包商2的成本为： G2min-9z(u)=2771.281-0.634=2770.647。可以得出一家企业合作比单独一家或任意两家合作分摊的费用少，于是三家加人联盟的积极性比较高，联盟的稳定性也比较好。这里p，(u)=16.021，p(u)=15.37， p：(u)=0.634，p>p92，这说明在三者的合作中，总承包商的贡献最大，其次是分包商1，贡献最小的是分包商2。 _4_ 结论本文在原有联合库存模型的基础上，将(下转第151页) 来五年云南花卉总产值和鲜切花总产量预测结果，具体如图3和图4所示。图3 _2_ 2013-2017年云南花卉总产值预测示意图(单位：亿元) 从图3可知，预计云南花卉总产值2014年将超过400亿元，相比2012年增长46.38%，2016年将接近600亿元，2017年将接近700亿，比2016年增长14.73% 图4 2013-2017年云南鲜切花总产量预测示意图 (单位：亿枝】从图4可知，预计2014年云南鲜切花总产量将超过80亿枝，相比2012年增长13.33%，2016年将超过90亿枝，比2014年增长17.34%。 5 结论云南花卉冷链物流具有一定的规模，但存在很多问题，特别是现有的冷链物流规模满足不了花卉对冷链物流的需要，尤其是鲜切花。云南花卉的总产量和鲜切花总产值对云南的花卉物流具有导向性，决定了云南花卉物流需求的规模，两者的未来走向影响未来云南花卉物流建设的方向。据云南省花卉产业联合会统计数据(2001-2012年)显示，云南花卉的总产 (上接第125页)其发展成一个总承包商和多个分包商的形式.并通过对比得出，在存在多个分包商时，联合库存成本仍然比传统独立库存成本低，证明疗联合库存模型适用于多个分包商的情形，使联合库存模型在实际应用中得到拓展。最后用 Shapley 值法对节省的库存在各节点企业间进行分配，使各节点企业共享联合库存带来的成本节约。 \[参考文献\] \[1\]郭大宁、张健.供应链管理中的联合库存控制\[J\].东华大学学报(自然科学版)，2003，29(5)：63-66. \[2\]叶吉庆，李锦飞.浅析建筑供应链管理中的联合库存管理(JMI)\[J\].商量和鲜切花总产值具有一定的指数规律，适合采用灰色预测模型—GM(1，1)模型预测。本文运用灰色GM(1，1)模型对云南未来五年的花卉总产量和鲜切花总产值进行预测。模型预测精度中云南花卉总产值相对误差检测为三级，其余五项检验指标精度均为一级精度，预测结果与实际出人较小，说明灰色GM(1，I)模型对云南花卉的总产量和鲜切花总产量进行预测是可行的，可以为以后制定相关物流产业规划等提供科学依据。预测结果表明，云南花卉总产值和鲜切花产量将持续较快增长，云南花卉物流需要向系统化、专业化和标准化发展，花卉物流中的冷链物流更要加快发展步伐，才能满足日益扩大的需求。 {参考文献\] \[1\]康珉，康世瀛.抓住建立国际花卉拍卖市场之机发展云南现代大物流\[J\|经济问题探索，2002，(1)：80-83. \[2\]邵砾群，赵文英.我国鲜切花物流发展问题的探讨的西部林业科学，2004，33(4)：90-92. \[3\]张大利，孙宏岭.构建我国鲜花冷链物流系统\[j.物流科技，2Q09，(7)：110-112. \[4\]王可山.中国花卉冷链物流的现状、问题与建议\].中闽流通经济.2010，(7)：35-38. \[5\]蓝洁.云南花卉产业的现状及发展思路团云南林业科技，2003.9(3)：68-71， {6\]曹允春，杨震，等.以花卉物流系统的流程再造提升云南花卉产业的竞争力\[J\]经济问题探索，2007，(10)：53-59. \[7\]杨扬，王孝坤.我国鲜花物流的发展分析与对策研究\[\]商品储运与养护，2008，(6)：1-4. 18\]Wu H H，liao A Y，Wang P C.Ising grey theory in quality funrtion de-ployment to analyze dynamic customer requirements\[J\].Int J Adv Manuf Technol，2005，25：1241-1247， \[9\]黄健，尼章光，娄予强，等.基于灰色系统理论的广西水果产量预测用广东农业科学，2009.(9)：238-239. 10\]Zhang C Y，Dai W Z.Improvement of background valuc and its apnli-calion in the 7th Ward Congress on Intelligent Control and Automa-tion\[Z\]2008. \[11\]Cui Lizhi，Liu Sifeng，Wu Zhengpeng.Optimizing tine respond func-tion of non-equidistant GM(1，1)modeJ\].Statistics and Decision Mak-ing，2009，(13)：9-10. \[12\]何俊，刘会茹.GM(1，1)初始条件改进的研究及在预测中的应用刀统计与决策，2013，(17)：76-77. 场现代化，2007.(16)：144-145. \[3\]张伟伟.基于供应链环境下联合库存管理研究价值工程，2005，(8)：30-32. \[4\]肖燕.供应链环境下联合库存管理的库存成本模型\[J\].重庆工学院学报(自然科学版)，2007，21(10)：119-123. \[S\|邵必林.建筑供应链管理下库存成本控制模型\[J\].物流技术，2012.31(12)：376-378. \[6\]朱宏，郭海峰，黄小原.供应商管理库存的利润模型及其优化策略\[东北大学学报，2004，25(5)：505-507. \[7\]刘建芬，胡奇英.基丁Shapley 值法的VMT卜合作企业间的费用分担策略\[\].系统工程，2005，23(9)：80-84.	__label__neg	null	null	null	null	null
en	hf cc0-1.0	https://huggingface.co/datasets/storytracer/US-PD-Books	Flora of the southern United States: containing an abridged description of the flowering plants and ferns of Tennessee, North and South Carolina, Georgia, Alabama, Mississippi, and Florida: arranged according to the natural system author: Chapman, A. W. (Alvan Wentworth), 1809-1899; Eaton, Daniel Cady, 1834-1895 ,-.-,. • '• THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA Biology BEQUEST OF Alice R. Hilgard /y^ x (!ZJe^4*>ts&?& x^ / S- Pv <- FLORA OF THE SOUTHERN UNITED STATES FLORA OP THE SOUTHERN UNITED STATES CONTAINING ABRIDGED DESCRIPTIONS OF THE FLOWERING PLANTS AND FERNS OP TENNESSEE, NORTH AND SOUTH CAROLINA, GEORGIA, ALABAMA, MISSISSIPPI, AND FLORIDA : ARRANGED ACCORDING TO THE NATURAL SYSTEM. A. W. CHAPMAN, M.D THE FERNS BY DANIEL C. EATON. NEW YORK: IVISON, PHINNEY, & CO., 48 & 50 WALKER STREET. 1860. Entered according to Act of Congress, in the year 1860, by A. W. CHAPMAN in the Clerk's Office of the District Court for the Northern District of Florida. GIFT University Press, Cambridge : Electrotyped and^Printed by Welch, Bigelow, & Co. BIOLOGY TO THE REV. MOSES A. CURTIS, D. D., OF NORTH CAROLINA, THIS VOLUME IS DEDICATED, BY HIS OBLIGED FRIEND, THE AUTHOR. PREFACE. THE object of this work is to present to students and to prac- tical botanists a systematic arrangement of the Phaenogamous and higher Cryptogamous Plants of the Southern portion of the United States. My original design did not contemplate so wide a field ; but was limited to an enumeration of the plants of the Carolinas, Georgia, and Florida, — to which, chiefly, my attention has been directed during the last thirty years. But, influenced by the solicitations of friends, and by the apparent need of a more general work, I have extended my plan, so as to embrace all the States south of Virginia and Kentucky, and east of the Mississippi River. The plan of the work is nearly the same as that adopted by PROFESSOR GRAY, in his excellent Manual of the Botany of the Northern United States. For the benefit of those students who may not have a more per- fect treatise at hand, I have prefixed to the Flora a very concise Sketch of the Elements of Botany, and also a Glossary of Botan- ical Terms. But I would earnestly recommend, to those who may use this work, the admirable Botanical Series* of the author * I. How Plants Grow: Botany for Young People. Illustrated by 500 wood engravings. 75 cents. II. Lessons in Botany and Vegetable Physiology. 360 illustrations drawn from nature. $ 1.00. IE. Structural and Systematic Botany. 1,300 cuts. 82.00. These works are published by Ivison, Phinney, & Co., of New York. VI PREFACE. above named; especially, his First Lessons in Botany, in which the general principles of Botany and Vegetable Physiology are fully explained. I acknowledge with gratitude the kindness of those friends, and correspondents who have, in various ways, aided me in my labors. To the REV. MOSES A. CURTIS, of North Carolina, to whom I am permitted to dedicate this volume, especial acknowledgments are due, for valuable information derived from a long and instruc- tive correspondence, for the generous contribution of new and rare specimens, and for important assistance rendered me in every part of my work. To PROFESSOR ASA GRAY, of Harvard University, I am under peculiar obligations; not only for the privilege of consulting his valuable . library, and his extensive herbarium, which contained many plants previously unknown to me, but also for the benefit of his advice in all matters of doubt and difficulty, and for innumer- able acts of kindness, bestowed in every way. To MR. DANIEL C. EATON, of New Haven, who is making the FERNS a subject of special study, I am greatly indebted for this first and very careful elaboration of the Southern plants of that interesting family. I embrace the opportunity to say to those who have aided me hitherto, that, if they will continue to favor me with their discov- eries, I indulge the hope of preparing a future edition of this work, which shall be more worthy of their approbation. APALACHICOLA, FLORIDA, Mjpch. 26, 1860. CONTENTS. PAOB INTRODUCTION . • • . • ... . ,• ix SKETCH OF THE ELEMENTS OP BOTANY . . .' . ix GLOSSARY OF BOTANICAL TERMS . . . . . xviii ABBREVIATIONS OF THE NAMES OF AUTHORS . . . xxv SIGNS USED IN THIS WORK . V . . . xxvi DIRECTIONS TO THE STUDENT ... . . xxvii ARTIFICIAL ANALYSIS OF THE NATURAL ORDERS . . xxlx FLORA. — PH^ENOGAMOUS OR FLOWERING PLANTS . . . 1 CRYPTOGAMOUS OR FLOWERLESS PLANTS . . 585 INDEX ••«-.. 608 < INTKODUCTION. I. SKETCH OF THE ELEMENTS OF BOTANY. 1. Vegetable Tissue. 1. PLANTS are primarily composed of minute membranous vesicles or cells, which are endowed with the power of reproduction, and through which, al- though closed and destitute of visible pores or openings, the juices of the plant are readily transmitted. 2. Variously modified, these cells form the Elementary Tissues ; viz. Cellular Tissue or Parenchyma, Woody Tissue or Woody Fibre, and Vascular Tissue or Vessels and Ducts, 3. Cellular Tissue, which exists in all plants, and of which those of the lower orders are wholly composed, consists of cells aggregated together, and cohering by their contiguous surfaces. 4. Woody Tissue is composed of slender and elongated cells, with firm and thickish walls, collected in threads or bundles. 6. Vascular Tissue is made up of larger cells, either in the form of continuous tubes, or forming such by the union of their extremities. In some of these, the walls are marked with dots, lines, or hands ; whila in others they are lined with spirally coiled fibres which are capable of being unrolled. The latter are called Spiral Vessels, and exist only in plants which bear proper flowers. 6. Of these tissues are formed the Organs of plants ; viz. Organs of Vegetation, consisting of the Root, Stem, and Leaves, and Organs of Reproduction, consisting of the Flower and Fruit. 2. The Root. 7. The Root, or Descending Axis, is that part of the plant which grows down- ward, commonly penetrating the soil, from the moisture of which it imbibes nourishment. It branches indefinitely and without order, but bears no other appendages. Its ultimate branches are called Rootlets. 8. Roots which descend immediately from the embryo are termed Primary Roots. They are called Tap-Roots, when they consist of one thick and fleshy piece ; fascicled or clustered, when of several fleshy branches springing from a common centre ; tuberous when the branches become greatly enlarged and filled with starchy matter ; and fibrous, when all the parts are slender and thread-like. X INTRODUCTION. 9. But roots under favorable circumstances are developed from other parts of the plant. These are called Secondary Roots. 10. Aerial Roots are those which spring from the stem or branches above ground. In some, as in many Endogenous Plants, they proceed from the lower joints of the stem ; in others, as the Mangroves and Fig-trees of South Florida, they descend from the branches, and at length, penetrating the soil, form new stems in all respects similar to that of the parent tree. The tendril-like roots of some climbing stems are also of this class. 11. Epiphytes or Air-Plants, of which the Tillandsia and Epidendrum are ex- amples, are those which are borne on the trunks or branches of trees, but draw their nourishment from the air. 12. Parasites, like Air-Plants, grow on other plants ; but their roots, pene- trating the substance of the supporting plant, feed upon its juices. Some, as the Mistletoe and Dodder, fix themselves upon the trunk or branches ; others, like the Beech-drop, upon the root. 3. The Stem. 13. The Stem, or Ascending Axis, is that part of the plant which grows up- ward into the air and light, bearing leaves and flowers. It exists, under various modifications, in all flowering plants ; but in those which are said to be stemless or acaulescent, it is very short, or concealed in the ground. 14. It consists of a succession of leaf-bearing points, or Nodes, separated by naked joints, or Internodes. The growing points, which are protected by reduced leaves in the form of scales, are called Buds. These are terminal, when they ter- minate the axis ; axillary, when they spring from the axil of the leave's ; that is, from the point where the upper surface of the leaf joins the stem ; and adventi- tious, when they are developed from any other part. 15. Simple stems grow by the development of the terminal bud alone ; branch- ing stems expand indefinitely from the axillary buds also. The ultimate divis- ions of the branches are called branchlets. 16. The jointed stem of Grasses and similar plants is a Culm. 17. The thick and simple stem of the Palmetto is a Caudex. 18. A Rhizoma, or RootstocJc, is a perennial stem, commonly creeping on the ground, or beneath its surface, developing annually a bud at the apex, while the older portion decays. 19. A Tuber is a subterranean branch, excessively thickened by the deposition of starchy matter, and furnished with minute scales, having concealed buds (eyes) in their axils. 20. A Corm is a solid globular subterranean stem, filled with starchy matter, with a bud at the apex and roots below. 21. A Bulb is a short subterranean stem, made up of the thickened bases of leaves, in the form of persistent scales. It is tunicated or coated, when the scales are large and wrapped one within the other ; and scaly, when these are small and imbricated. Small aerial bulbs, such as are borne in the axil of the leaves of the Tiger-Lily, and among the flowers of the Onion, are called Bulblets. 22. A Stolon is a branch which bends to the- earth, strikes root, and forms a new plant. ELEMENTS OF BOTANY. 23. A Runner is a thread-like prostrate branch, producing roots and a tuft of leaves at its extremity. 24. Spines, or Thorns, arc imperfectly developed, leafless branches, with hard tips. 25. Tendrils are the thread-like spirally coiled branches of weak and slender plants, by means of which they attach themselves to other and stronger objects for support. Leaf-stalks and parts of the inflorescence are occasionally convert- ed into tendrils. 26. Plants which die down to the ground at the close of the season, or after maturing seed, are called Herbs, or Herbaceous Plants. Those with woody stems, lasting from year to year, when of humble size, are called Shrubs, and when reaching an elevation of twenty feet or more, Trees. * » 4. Internal Structure of Stems. 27. The stems of Phaenogamous Plants are composed of cellular tissue, woody tissue, and vessels ; and upon the arrangement of the latter are founded the two divisions of Exogenous and Endogenous Plants. 28. Exogenous stems consist of a central column, called the Pith ; an external covering, called the Bark ; and a middle portion, called the Wood. 29. Their Pith is a mass of cellular tissue, enclosed in a thin sheath of spiral vessels, termed the Medullary Sheath. 30. Their "Wood is composed of one or more layers of woody and vascular tissue, traversed by thin plates of cellular tissue, called the medullary rays, and annually increased, in all perennial stems, by the addition of a new layer to the outside of that of the previous year. The new wood is called the Alburnum, or Sap-wood, and the older and harder portion, the Duramen, or Heart-wood. 31. The Bark, like the wood, is made up of layers. The inner bark, or Liber, is composed chiefly of woody fibre. Between it and the wood, in the growing season, is secreted a thin mucilage, called the Cambium, in which the new layers of wood and bark are developed. Surrounding the inner bark is the Green bark, consisting of cellular tissue filled with Chlorophyll, or the green matter of veg- etables. Covering the whole is a thin membrane of cellular tissue, called the Epidermis, or Cuticle. 32. Endogenous stems exhibit no distinction of pith, wood, and bark ; but are composed of threads or bundles of woody tissue, irregularly embedded in cellular tissue. They increase in diameter by the formation of new bundles, which are chiefly directed to the centre of the stem. 5. The Lea-res. 33. Leaves are expanded appendages of the stem, developed from axillary and terminal buds. They consist of loose cellular tissue, supported by a net- work of woody and vascular tissue, called veins or ribs, and protected by the epidermis. In them the fluids received from the root, and what they imbibe from the air, through minute openings in the epidermis, called stomata, are con- verted into the proper food of the plant. 34. In the bud, they are folded, plaited, or coiled in various ways. This is termed their Vernation. XU INTRODUCTION. 35. A complete leaf comprises the Blade, the Stalk, and a pair of Stipules ; but these three parts are not always present in one leaf. 36. The Blade, Limb, or Lamina, is the expanded part, and presents a great variety of forms. It is simple, when it consists of a single piece, however cut or divided ; and compound^ when of two or more distinct pieces (leaflets), which separate by a joint. 37. The Stalk, or Petiole, connects the blade with the stem. When it is wanting, the leaf is said to be sessile. The stalk of a leaflet is called a PetioMe. 38. The Stipules are appendages of various forms, placed one on each side at the base of the petiole. They are separate, or else united with the petiole, or with each other, when they occasionally form a sheath (Ochrea) around the stem above. The stipules of a leaflet are called Stipels. 39. The manner in which the veins are distributed through the leaf is called Venation. 40. There are two modes of venation ; viz. parallel-veined, or nerved, when several simple veins, or ribs, run parallel from the base of the blade to its apex ; and reticulated, or netted-veined, when the veins divide into numerous primary and secondary branches (veinlets}, which again unite to form a kind of network. 41. The latter mode embraces both the pinnately veined, or feather-veined leaf, where the petiole is continued through the middle of the blade, giving off at in- tervals lateral veins ; and the palmately veined or ribbed leaf, when it divides at the apex into three or more strong branches. 42. The manner in which leaves are divided corresponds with that of their venation. 43. A simple pinnately veined leaf becomes pinnatiftd, when the incisions (sinuses) extend about half-way to the midrib, or continuation of the petiole ; and pinnately divided, when they extend down to the midrib. A compound pin- nately veined leaf is, of course, pinnate, with the separate leaflets arranged on each side of the common petiole. When this is terminated by a leaflet, the leaf is said to be odd-pinnate, or unequally pinnate, and when it is wanting, abruptly pinnate. 44. So, also, the palmately veined leaf becomes palmately cleft or divided, when the incisions are directed toward the base of the blade. "When the divis- ions consist of separate leaflets, it becomes palmately compound. 45. Floral leaves, or those from the axils of which the flowers are developed, are called Bracts; and those which are borne on the flower-stalk, Bractlets. 6. The Flower. 46. A Flower consists of those parts, or organs, which are concerned in the production of seed. Like the leaf, of which its parts are a modification, it is developed from an axillary or terminal bud. 47. The manner in which the flowers are arranged on the stem or branches is termed the Inflorescence. 48. There are two modes of inflorescence ; viz. the indefinite, or centripetal, where the flowers all arise from axillary buds, the lowest or outermost expand- ing first, while the axis elongates indefinitely from the terminal bud ; and the definite^ or centrifugal, where the flowers arise from the terminal bud, first, of the main axis, and successively from that of the branches. ELEMENTS OP BOTANY. xiii 49. When the flowers arise from the axil of the ordinary leaves of the stem, they are said to be axillary ; but oftener, they are disposed in a more or less obvious cluster, each arising from the axil of a greatly reduced leaf, or Bract. 50. The stalk of a solitary flower, or of a cluster of flowers, is termed the Peduncle; or, when it proceeds from the root, a Scape; and that of each indi- vidual of a cluster is called a, Pedicel. The main axis of a cluster, or that portion of the common peduncle which bears the flowers, is called the Rachis. 51. The indefinite inflorescence includes the Spike, Ament, Spadix, Raceme, Corymb, Umbel, Head, and Panicle ; the definite, the Cyme and its modifications. 52. The Spike consists of a more or less elongated rachis, with the flowers sessile, or nearly so, in the axils of the bracts. 53. The Ament, or Catkin, is the scaly deciduous spike of the Pine and Willow. 54. The Spadix is a spike with the flowers borne on a thick and fleshy rachis. It is naked, as in the Golden-club, or enclosed in a hood, called the Spathe, as in the Indian Turnip. 55. The Raceme presents the elongated rachis of the spike, but the flowers are raised on pedicels. 56. The Corymb is a short raceme, with the lower pedicels elongated, so as to bring their flowers to the same level as the upper ones. 57. The Umbel is a modification of the raceme, but with the rachis so much contracted, that the pedicels (rays) apparently spring from a common centre. When the umbel is compound, the partial umbels are termed Umbellets. 58. A Head is an umbel with sessile flowers. The crowded bracts of this and the preceding are collectively termed the Involucre, and those of the umbellets, the Involucel. 59. When the pedicels of a raceme or corymb are transformed into branches, either simple or successively divided, the inflorescence becomes a Panicle. 60. When the further growth of the axis is arrested by a single terminal flower, and from the axils below branches are developed, each terminated by a flower, and bearing branches in the same manner, the inflorescence is said to be cymose or centrifugal. But it presents several peculiar forms, occasioned either by the imperfect development, or by the entire suppression of some of its parts. Some, as the true Cyme, are short and expanded ; others are elongated, like the spike or raceme. In all, the flowers expand successively from the summit, downward, or from the centre, outward. 61. The Flower consists, commonly, of one or more whorls of leaves, called the Floral Envelopes, — of which the outer one is termed the Calyx, and the inner one the Corolla, — an inner whorl of thread-like organs, called the Stamens, and one or more central organs, called the Pistils. These are inserted on the apex of the axis, which here takes the name of Torus, or Receptacle. 62. The Floral Envelopes are sometimes wanting ; but the stamens and pis- tils, being the fertilizing organs, are, in all perfect flowers, always present. 63. The Calyx is composed of leaves (Sepals), usually of a greenish color, which are distinct, or united by their margins. When the floral envelopes con- sist of a single whorl only, it is always a calyx. b Xiv INTRODUCTION. 64. The Corolla is usually of a thinner texture than the calyx, and variously colored. Its leaves (Petals), when of the same number as the sepals, always alternate with them. They are also often united by their contiguous margins, to form a monopetalous corolla, 65. When the calyx and corolla are so nearly alike as not to be readily dis- tinguished, they are collectively termed the Perianth. 66. A flower is complete when all its parts are present ; incomplete, when the floral envelopes, or a part of them, are wanting ; perfect, when the stamens and pistils are borne in the same flower ; imperfect, or diclinous, when they are borne in separate flowers ; regular, when the sepals or petals are of uniform shape and size ; and irregular, when they are unlike in shape or size. 67. Imperfect flowers are further distinguished into monoecious, when those fur- nished with stamens (staminate or sterile flowers) and those furnished with pistils (pistillate or fertile jftowers ) are borne on the same plant ; dioecious, when they are borne on separate plants ; and polygamous, when both perfect and imperfect flow- ers are borne on the same or different individuals. 68. The manner in which the parts of the floral envelopes are arranged with respect to each other in the bud is termed their ^Estivation. They are valvate, when their contiguous margins meet, without overlapping ; induplicate, when these project inwardly ; reduplicate, when they project outwardly ; imbricated, when the margins of one overlap the adjacent margins of the two next within ; convolute, or twisted, when one edge of each piece covers the margin of the one next before it, and the other edge is covered by the margin of the one next after it ; and plaited, when the parts are folded lengthwise. 7. The Stamens. 69. A Stamen consists of a sac, called the Anther, and, usually, a stalk, called the Filament, by which it is supported. 70. They are hypogynous, when they are inserted on the receptacle ; perigynous, when on the calyx ; epigynous, when on the ovary ; epipetalous, when on the co- rolla; and gynandrous, when they are united with the style. They are, also, often combined with each other, either into one set (monadelphous), or into two, three, or more sets (diadelphous, triadelphous, &c.). 71. The Anther is composed, commonly, of two united cells, which open in various ways, and discharge a yellow, fertilizing powder, called the Pollen. The part which connects the cells is the Connective. 72. It is erect, or innate, when fixed by its base to the apex of the filament ; adnate, when fixed to the filament by its whole length ; versatile, when fixed by the middle to the apex of the filaments on which it turns as on a pivot ; introrse, when it faces inwardly toward the pistils ; and extrorse, when it faces outwardly toward the petals. Occasionally, they are united into a tube (syngenesious). 73. Between the stamens and the pistils is often a fleshy expansion, called the Disk. 8. The Pistils. 74. The Pistils occupy the centre of the flower. They are inserted, singly or in a whorl, on the receptacle ; or, when this is elongated or enlarged, they cover its surface. 9 ELEMENTS OF BOTANY. XV 75. A Pistil consists of three parts, — the Ovary, the Style, and the Stigma. 76. The Ovary is the lower and hollow portion, containing the Ovules, or ru- diments of seeds. ' 77. The Style is an extension of the ovary, commonly of its apex, which sup- ports th$ stigma. 78. The Stigma is commonly the apex of the style, or, when this is wanting, of the ovary, denuded of the epidermis. 79. When the pistil is composed of a single piece, or carpel, it is simple; but, oftener, it is compound, consisting of two or more carpels, united by their margins, or by their sides, which then form partitions or dissepiments, that divide the pistil into as many cells as there are carpels. 80. The line next the axis, or which corresponds to the united margins of a folded leaf, is called the Ventral Suture ; and that which corresponds to the mid- rib, the Dorsal Suture. 81. The Ventral Suture bears the ovules; and the line of their attachment is called the Placenta. This is central or axile, when it occupies the centre of the pistil, and parietal, when it is borne on its walls. 82. The Ovule is connected with the placenta by a cord, called the Funiculus. It consists of a central body, called the Nucleus, enclosed in two sacs, each with an opening at the apex, called the Foramen. The outer sac is termed the Primine, and the inner one the Secundine. The point where these parts unite is called the Chalaza. 83. The Ovule is orthotropous when the chalaza is next the placenta, and the apex at the opposite extremity ; campylotropous, when it curves on itself, so as to bring the apex near the chalaza ; anatropous, when it is inverted on its cord, to which it adheres ; the true apex pointing to the placenta, while the chalaza, or true base, points in an opposite direction ; and amphitropous, when it is half in- verted on its cord, its axis running parallel with the placenta. The adhering portion of the cord in the last two cases is termed the Raphe. 9. The Fruit. 84. The Fruit is the ovary, with its contents, brought to maturity. But dur- ing this process it sometimes undergoes important changes, either by the obliter- ation or abortion of some of its cells, partitions, or ovules, or by the formation of false partitions, or by various changes effected in its walls, or in the parts which surround them. 85. In some, the walls, or Pericarp, remain closed ; in others, they open, or are dehiscent in various ways, oftener splitting regularly into separate pieces, called Valves. 86. Many terms are employed to designate the different kinds of fruit, but only the following are in general use. 87. A Follicle is a simple fruit, opening along the ventral suture only; as the fruit of the Milkweed. 88. A Legume is a simple- fruit; opening at both sutures ; as in the Pulse Fam- ily. When it is divided across into closed joints, it is a Lament. 8.9. A Capsule is a dry compound fruit, opening in various ways. When it opens at the dorsal sutures, or into the cells, the dehiscence is said to be loculicidal; XVI INTRODUCTION. and septicidal, when it opens at the ventral suture, or through the partitions. When it opens transversely, the upper portion falling off entire, like a lid, the dehiscence is circumscissile. 90. A Silique is a slender two-valved capsule, with two parietal placenta con- nected by a persistent false partition. A short and broad silique is a Silide. These are peculiar to the Mustard Family. 91. A Pepo is the fleshy indehiscent fruit of the Gourd Family, with the seeds often embedded in the pulpy placenta. 92. A Pome is the indehiscent fruit of the Apple or Quince tribe, where the cells are enclosed in the enlarged and fleshy tube of the calyx. 93. A Berry is an indehiscent fruit, with the seeds embedded in soft pulp. 94. A Drupe consists of one or more hard or bony cells, called the Puta- men, covered with a fleshy or pulpy coat, called the Sarcocarp ; as the Peach, Holly, &c. 95. An Acheniwn is a small, dry, one-seeded, indehiscent fruit, the walls of which do not adhere to the enclosed seed. When these are closely united, it becomes a Caryopsis; or when the walls are thin and bladder-like, and open irregularly, a Utricle. 96. A Nut is a dry, indehiscent fruit, with hard or bony walls ; as the Acorn and Hickory-nut. 97. A Samara is a dry, indehiscent fruit, with its walls expanded into a wing ; as that of the Maple and Elm. 98. The collective fruit of the Pine is called a Cone or Strobile. 10. The Seed. 99. The Seed is the matured ovule, and contains the Embryo, or the rudiment of a future plant. The outer coat, or Integument, is called the Testa. It varies greatly in texture, and is occasionally furnished with hairs, which either cover the entire seed, or form a tuft ( Coma) at one or both extremities. 100. The terms employed in describing the ovule are chiefly applicable to the seed. The foramen of the ovule, which is closed in the seed, becomes the M- cropyle, and is always opposite the radicle of the embryo. The scar left on the seed by the separation of the cord is the Hilum. It is sometimes enveloped in a false covering, originating, during its growth, from the cord or from the pla- centa. This is called the Aril 101. The Testa includes either the embryo alone, or an additional nutritive substance, called the Albumen. 102. The Embryo consists of the Radicle, the Plumule, and the Cotyledons. 103. The Kadicle is the first joint of the stem. In germination, it elongates at one end to form the root, and at the other, from a minute bud (Plumule), to form the stem. It is inferior when it points to the base of the pericarp, and su- perior when it points to its summit. 104. The Cotyledons are the seed-leaves. The embryo of the Exogenous Plants bears two of these, placed opposite (rarely three or more in a whorl), while that of Endogenous Plants bears only one. Hence the former are called dicotyledonous, and the latter monocotyledonous. 105. When the embryo is exposed to the combined influence of air, heat, and moisture, it develops into a growing plant. This is termed Germination. ELEMENTS OF BOTANY. XV11 106. The preceding considerations refer solely to »Phamogamous Plants, or those which bear flowers, consisting of stamens and pistils, and produce seeds, which contain an embryo, or a rudiment of a future plant. 107. But there are plants of a lower grade, which do not bear flowers furnished with ordinary stamens and pistils, nor seeds containing an embryo, but in place of seeds they produce minute powdery bodies, called Spores. These are termed 11. Cryptogamous or Flowerless Plants. 108. The stems of the higher orders of Cryptogamous Plants — and these only are embraced in this work — exhibit nearly the same anatomical structure as those of Phsenogamous Plants. But they grow only from the apex, without any perceptible increase of diameter, and therefore are termed Acrogens or Point- growers, 109. The different orders presenting no common type, the habit, the mode of inflorescence, and the process of fertilization, so far as it is known, being different in all of them, the characteristics of each are more conveniently explained in the body of the work, and need not be enumerated here. 13. Classification* 110. Classification consists in the arranging of plants possessing like structure, habits, £c., into groups, designating them by proper names, and defining them by appropriate characters. 111. An assemblage of individuals which are so essentially alike as to indicate their descent from a common parent, and which preserve their characteristics when propagated from seed, is termed a Species. But circumstances connected with the growth of an individual may produce some deviation from its ordinary state, and it then becomes a Variety. 112. When the pistil of one species is fertilized by the pollen of another allied species, the result is a Hybrid. 113. An assemblage of species agreeing with one another in structure and ap- pearance constitutes a Genus. In the same manner, although with fewer points of agreement, genera are collected into Orders, or Families, and these, in turn, into 114. But each of these may include members that agree in some important points, which are not common to the others. Of such are formed the intermedi- ate divisions of Subgenera, Suborders, and Subclasses. 115. There are two modes or systems of classification; the Artificial System of Linnaeus, and the Natural System of Jussieu. 116. In the Artificial System, the Classes and Orders are founded on the num- ber, position, and connection of the stamens and pistils, regardless of any other relationship. In the Natural System, every part of the plant is taken into consid- eration ; and the Orders embrace those genera which agree with each other in the greatest number of important particulars. The latter system is now in almost universal use, and is the one adopted in this work. GLOSSARY OF BOTANICAL TEEMS. *** The numbers annexed to the names, or their definition, refer to the paragraphs of the preceding Sketch ; but those preceded by " Flora, p." refer to the pages of the Flora. Abortive : not fully developed. Abruptly pinnate, 43. Accumbent: Flora, p. 24. Achenium, 95. Achlamydeous : without floral envelopes. Acrogens: Flora, p. 585. Acuminate : tapering into a slender point. Acute : pointed. Adherent : growing fast to another body. Adnate : same as Adherent. Adnate Anthers, 72. Aerial Roots, 10. ^Estivation, 68. Air-Plants, 11. Aggregate : crowded together. Albumen, 101. Alburnum, 30. Alternate : scattered ; one after another. Alveolate : deeply pitted. Ament, 53. Amentaceous : bearing aments. Amphitropous, 83. Anatropous, 83. Androgynous : containing both staminate and pistillate flowers. Angiospermae : Flora, p. 1. Annual : lasting only one year. Annular : disposed in, or forming, a ring or circle. Anterior: applied to that part of an axil- lary flower which is farthest removed from the main axis. Anther, 71. Apetalous : without petals. Apiculate : tipped with a short abrupt point. Appendage : something added to a part. Appressed : lying near to ; pressed against. Aquatic : growing in water. Arborescent: tree-like. Areolation : spaces between the leaf-veins. Aril, 100. Arilled: covered with an aril. Armed: furnished with thorns, prickles, &c. Articulated: divided into joints; connect- ed by a joint. Ascending: ) curving outward and up- Assurgent: } ward. Attenuated : gradually narrowed. Auriculate: eared; bearing small lateral lobes. Awl-shaped : narrow and sharp-pointed. Awn : a rigid bristle-like appendage. Awned : bearing an awn. Axil : the point where the upper surface of the leaf joins the stem. Axillary : borne in the axil. Axis : the central line of a body; the part around which others grow. Baccate : berry-like ; juicy. Barbed: bearing rigid points which are directed backward. Bark, 31. Basal : belonging to the base. Beaked : ending in a stout point. Bearded : bearing tufts or lines of hairs. Bell-shaped : expanding from a short and rounded base, into a spreading border. Berry, 93. Bidentate : two-toothed. Biennial : lasting two years. Bifid : two-cleft. Bifoliolate : bearing two leaflets. Biglandular : bearing two glands. Bilabiate : two-lipped. Bipinnate : twice pinnate. Biternate : twice ternate. Bladders : small sacs filled with air. Blade : the expanded portion of a leaf,&c. Boat-shaped: see Carinate. Brachiate : with pairs of opposite branches spreading at right angles. Bract, 45. Bracted: furnished with bracts. Bractlet, 45. Bristle : a rigid hair. Bristly: beset with, or like, bristles. Brush-shaped: divided at the apex into numerous hairs or filaments. Bud, 14. Bulb, 21. Bulbous: shaped like a bulb. Bulblet, 21. GLOSSARY. xix Caducous : falling away early. Csespilfcse : growing in a tuft. Callous: thickened. Calyx, 63. Cambium, 31. Campanulate : see Bell-shaped. Campylotropous, 83. Capillary : hair-like. Capsule, 89. Capsular: relating to, or with the char- acters of a capsule. Carinate : keeled ; bearing on the back a sharp longitudinal ridge. Cariopsis, 95. Carpel : a single pistil, or one of the parts 01 a compound pistil. Carpellary : pertaining to a carpel. Carpophore: Flora, p. 157. Cartilaginous : hard and tough. Caruncle : an appendage of the hilum. Caudate: tailed. Caudex, 17. Caulescent: furnished with a stem. Cauline : pertaining to the stem. Cell : one of the cavities of the fruit or of the anther, £c. Celled: divided into cells. Cellular Tissue, 3. Centrifugal Inflorescence, 48. Centripetal Inflorescence, 48. Chaff: thin scales or bracts. Chaffy : furnished with chaff, or of the texture of chaff. Chalaza, 82. Channelled : with a deep longitudinal furrow. Character : a phrase employed to distin- guish a genus, &c. from all others. Chartaceous : of the texture of paper. Chlorophyll : the green matter of leaves, &c. Ciliate: fringed with a row of hairs. Circinate : rolled inward at the apex. Circumscissile, 89. Cirrhose : bearing tendrils ; tendril-like. Clasping : enclosing by its base, as a leaf the stem. Clavate: club-shaped. Claw : the stalk of a petal. Clawed : raised on a claw. Climbing: clinging to other objects for support. Club-shaped : terete and gradually thick- ened upward. Clustered: crowded. Coated Bulb, 21. Cobwebby: bearing fine loose hairs. Cochleate: coiled like a snail-shell. Coherent: growing together. Column : the axis of a compound pistil ; the united stamens of the Mallow Fam- ily ; the united stamens and pistil of the Orchis Family. Commissure: Flora, p. 157. Comose : bearing a coma, 99. Compound: composed of similar simple parts, 36. Compressed : flattened. Cone : the scaly fruit of the Pine. Confluent: running together. Conglomerate: heaped together. Conical: cone-shaped. Connate: growing together at the bas(\ as opposite leaves around the stem. Connective, 71. Connivent: brought near together. Continuous: in one piece; not jointed. Contorted: twisted; bent. Contorted aestivation: see Convolute. Contracted : narrowed ; not spreading. Convolute, 68. Cordate: heart-shaped. Coriaceous : of the texture of leather. Corm, 20. Corneous : hard like horn. Corniculate : bearing a horn or spur. Corolla, 64. Corymb, 66. Corymbose : branched like a corymb ; arranged in corymbs. Costate : ribbed. Cotyledons, 104. Creeping : prostrate, and rooting. Crenate : having sharp notches on the edge separated by rounded teeth. Crenulate : slightly crenate. Crested : bearing an elevated ridge. Crown: an appendage of the corolla at the base of the limb. Crowned : bearing anything at the apex. Cruciform : shaped like a cross. Crustaceous : hard and brittle, like a shell. Cryptogamous Plants, 107. Cucullate: see Hooded. Culm, 16. Cuneate : wedge-shaped. Cup-shaped: shaped like a bowl or cup. Cuspidate : ending abruptly in a sharp point. Cuticle 31. Cylindrical: round and of nearly equal thickness. Cyme, 60. Cymose : arranged in a cyme. Decandrous: having ten stamens. Deciduous : falling off at, or before, the close of the season. Declining: leaning to one side. Decompound : several times divided. Decumbent: prostrate, but ascending at the summit. Decurrent: with the edges extending be- low the main point of attachment. Definite : few ; a number easily counted. Definite Inflorescence, 48. Deflexed : bent downward. Dehiscence : the manner in which closed Dehiscent : opening regularly. Deltoid : triangular. Dentate : having sharp notches on the edge separated by coarse and spreading teeth. Denticulate: slightly toothed. INTRODUCTION. Depressed: flattened horizontally. Descending: directed downward. Diadelphous : collected in two sets. Diandrous : having two stamens. Dichlamydeous : having both calyx and corolla. Dichotomous : forked. Diclinous, 66. Dicotyledonous : having two cotyledons. Didymous: twin. Didynamous : having four stamens, with two of them longer than the others. Diffuse: loosely spreading. Digitate : when the apex of the petiole bears five or more leaflets. Dimorphous : of two forms. Dioecious, 67. Discoid: Flora, p. 184. Disk, 73. Also the central part of the head of composite flowers. Dissected : divided into many lobes. Distichous : two-ranked ; placed on oppo- site sides of the axis. Distinct: separate. Divaricate : widely spreading. Divided : parted nearly to the base. Dorsal : pertaining to back or outside. Dorsal Suture, 80. Downy: bearing soft short hairs. Drupe, 94. Drupaceous : with the characters of a drupe. "Duramen, 30. Dwarf: below the common size. Eared: see Auriculate. Echinate : beset with prickles. Elliptical : in outline twice as long as wide, broadest in the middle, and rounded at each end. Elongated: unusually long; extended. Emarginate : notched at the apex. Embryo, 102. Emersed : raised out of water. Endocarp : the inner layer of the pericarp. Endogenous (stems), 32. Enneandrous : having nine stamens. Ensiform : sword-shaped. Entire : with margins not toothed or di- vided. Epigynous, 70. Epiphytes, 11. Equilateral : equal-sided. Equitant (leaves) : two-ranked, with their bases clasped one within the other, and their sides facing the horizon. Erose : with the margin irregularly scal- loped, as if gnawed. Evergreen : lasting through the winter. Exogenous, 28. Exserted : protruding out of the surround- ing parts. Exstipulate: without stipules. Extrorse Anthers, 72. Falcate : scythe-shaped. Family, 113. Fan-shaped : folded or plaited like a fan. Farinaceous : mealy. Fascicle > a cluster. Fascicled: collected in a cluster. Fastigiate : rising to the same level ; flat- Feather-veined, 41. Female (flowers) : bearing only pistils. Ferruginous : of the color of iron-rust. Fertile : bearing fruit. Fibre, 4. Fibrous Roots, 8. Fiddle-shaped : oblong in outline, and contracted in the middle. Filament, 69. Any thread-like part. Filamentose : bearing or composed of threads. Filiform: thread-like. Fimbriate : with the margin cut into a fringe. Fistulous : hollow. Fleshy : soft and juicy. Flexuous: zigzag; bent outward and in- ward. Floating: resting on the surface of the water. Floccose : bearing tufts of deciduous hairs. Flora : a systematic description of the plants of a country. Floral : belonging to the flowers. Floret : one of the flowers of a cluster. Flower, 61. Flowering Plants, 106. Flowerless Plants, 107. Foliaceous: leaf-like. Foliolate : bearing leaflets. Follicle, 87. Follicular : like a follicle. Forked : divided into two branches. Free: separate; disconnected. Fringed: see Ciliate. Frond : the leaf of a Fern. Fructification : the fruiting state. Fruit, 84. Frutescent: shrubby. Fugacious : continuing for a short time. Fulvous: tawny. Funiculus, 82. Funnel-shaped : gradually dilated upward from a tubular base. Furrowed : grooved lengthwise. Fusiform : spindle-shaped ; broadest in the middle, and tapering at each end. Geminate: by pairs. Geniculate : bent abruptly. Genus, 113. Germination, 105. Gibbous : puffed out. Glabrous : free from roughness, or hairs. Glands : small knobs or excrescences. Glandular: bearing glands. Glaucous : covered with a minute whitish powder. Glomerate : collected in a close cluster. GLOSSARY. xxi GlumaceoTis : glume-like, or bearing glumes. Glumes : the scale-like bracts, &c. of grasses and sedges. Granular: covered with grains. Gymnospermous Plants: Flora, p. 431. Gynandrous, 70. Habit: the general appearance of a plant. Habitat : the native situation of a plant. Hairs : hair-like appendages of the cuticle. Hairy: furnished with hairs. Hastate or Halberd-shaped : dilated at the base into two spreading lobes. Heart-shaped : ovate, with a sinus at the base. Heptandrous : having seven stamens. Herb, 26. Herbaceous, 26 ; of the color and texture of a leaf. Herbarium : a collection of dried plants. Hilum, 100. Hirsute : beset with coarse hairs. Hispid : beset with rigid hairs. Hoary: grayish- white. Homogeneous : uniform in substance. Hooded : rolled inward or arched. Horn : an appendage like a horn. Horny : of the texture of horn. Hyaline : thin and nearly transparent. Hybrid, 112. Hypogynous, 70. Imbricated, 68. Imperfect (flowers), 66. Incised: cut into notches or lobes. Included : enclosed ; opposed to Exserted. Incumbent: Flora, p. 24. Incurved: bending inward. Indefinite : numerous; not readily counted. Indefinite Inflorescence, 48. Indehiscent: not opening. Indigenous : native to a country. Induplicate : folded inward. Indusium: Flora, p. 586. Inferior: below, 103. Inflated: puffed out, as if distended with air. Inflexed: bent inward. Inflorescence, 47. Innate (anther), 72. Inserted on: used in the sense of growing from a part. Insertion : the mode of attachment. Internodes, 14. Interrupted : not continuous ; not jointed. Interruptedly pinnate : with smaller leaf- lets between the Larger ones. Intervals : Flora, p. IpY Introrse (anthers), 72.' Introduced : brought from another coun- try. Inverted : turned upside down. Involucel, 58. Involucre, 58. Involute : with the margins rolled inward. Irregular (flowers), 66. Jointed : separating across into pieces ; furnished with joints. Keel: a sharp longitudinal ridge on the ^ back of an organ ; Flora, p. 86. Keeled: see Carinate. Kidney-shaped : heart-shaped, but the width greater than the length. Labellum: the odd petal (lip) of the Or- chis Family. Labiate: divided into an upper and lower lobe or lip. Laciniate : divided into irregular lobes. Lamellate : formed of thin plates. Lamina: the blade of a leaf, &c. Lanceolate : lance-shaped. Lanuginous: woolly. Lateral: placed at, or pertaining to the side. Leaf, 33. Leathery: see Coriaceous. Legume, 88. Lenticular: like a double-convex lens. Liber, 31. Ligulate: strap-shaped. Ligula: Flora, p. 545. Limb : the expanded part of a leaf, &c. Linear : long and narrow, with parallel margins. Lip : see Labellum and Labiate. Lobe : one of the parts of a divided body. Loculicidal, 89. Lunate : crescent-shaped. Lyrate : pinnatifid, with the upper lobes enlarged. Marginal : borne on, or pertaining to, the edge or margin. Medullary Rays, 30. Medullary Sheath, 29. Membranous : of the texture of mem- brane. Mericarp : Flora, p. 157. Micropyle, 100. Midrib: the prolongation of the petiole through the limb of a leaf. Monadelphous, 70. Monandrous : bearing one stamen. Moniliform : bearing short joints ; like a string of beads. Monochlamydeous : bearing only one row of floral envelopes. Monocotyledonous, 104. Monoecious, 67. Monopetalous : with the petals united into one piece. Monosepalous : with the sepals united into one piece. Mucronate: tipped with an abrupt slen- der point. Muricate : beset with hard wart-like pouits. Naturalized : introduced, but propagat- ing freely by seed. XX11 INTRODUCTION. Necklace-shaped: see Moniliform. Nectary: any honey-bearing part. Nerved (leaves), 40. Netted-veined, 40. Neutral (flowers): without stamens and pistils. Nodding: turning outward or downward. Nodes, 14. Nodose : knotty. Nut, 96. • Nutlet: same as Achenium. Obcordate : inversely heart-shaped. Oblanceolate : inversely lance-snaped. Oblique : unequal-sided. Oblong: narrower than Elliptical, with nearly parallel margins. Obovate: egg-shaped, frith the narrow end downward. Obtuse: blunt; not pointed. Ochrea, 38. Octandrous : having eight stamens. One-sided : borne one side of the axis. Opaque: dull. Opposite : placed directly against each other, as leaves on the stem; placed before, as stamens before the petals. Orbicular: circular. Organs, 6. Orthotropous, 83. Oval: same as Elliptical. Ovary, 76. Ovate: egg-shaped. Ovoid : a solid with an oval outline. Ovule, 76. Palate : a prominence at the throat of some bilabiate flowers. Palea: Flora, p. 545. Palmate: hand-shaped; when the lobes or divisions spread from a common centre. Palmately-veined, 41. Panicle, 59. Papery : of the texture of paper. Papilionaceous (flower): Flora, p. 86. Papillose : studded with minute wart-like prominences. Pappus : the limb of the calyx of com- posite flowers. Parallel-veined, 40. Parasitical : supported and nourished by other plants. Parietal, 81. Parted : divided nearly to the base. Partial : pertaining to the parts of a com- pound organ. Pectinate : cut into fine parallel lobes. Pedate : nearly as palmate, but with the lateral lobes divided. Pedicel, 50. Pedicelled : raised on a pedicel. Peduncle, 50. Peduncled: raised on a peduncle. Peltate : fixed to the stalk at a point within the margins. Pendent: hanging, drooping. Pendulous : somewhat drooping. Penicillate: see Brush-shaped. Pentandrous : having five stamens. Pepo, 91. Perennial : lasting from year to year. Perfect Flowers, 66. Perfoliate : growing around the stem. Perianth, 65. Pericarp : the walls of the fruit. Perigynium : Flora, p. 532. Perigynous, 70. Persistent : remaining late, as opposed to deciduous. Personate : bearing a palate. Petal, 64. Petaloid : petal-like ; colored like a petal. Petiole : the stalk of a leaf. Petioled : borne on a petiole. Petiolule : the stalk of a leaflet. Petiolulate : raised on a petiolule. Phsenogamous Plants, 106. Pilose : beset with stiff straight hairs. Pinnse: the primaiy divisions of a pin- nately compoundleaf. Pinnate, 43. Pinnately divided, 43. Pinnules: the secondary divisions of a pinnately compound leaf. Pistil, 74. Pith, 29. Pitted : marked with fine indentations. Placenta, 81. Plaited, 68 ; folded lengthwise. Plumose : feathery. Plumule, 103. Pollen, 71. Pollinia: the pollen-masses of the Milk- weed. Polyandrous : bearing many stamens. Polypetalous and Polysepalous : applied to a corolla or calyx with separate petals or sepals. Polymorphous : of various forms. Pome, 92. Prickles : sharp and rigid appendages of the cuticle. Prickly: beset with prickles. Primine, 82. Prismatic : angular, with flat sides. Process : a prominence or projection. Procumbent : resting on the ground. Produced: prolonged. Proliferous: where a cluster of flowers arises out of another cluster. Prostrate: see Procumbent. Pubescence : hairiness in general. ' Pubescent: hairy or downy. Pulverulent : covered with fine powder. Punctate: dotted. Pungent : ending in an abrupt hard point. Pyramidal : pyramid-shaped. Pyriform : pear-shaped. Quinate : bearing five leaflets. Raceme, 55. Rachis, 60. GLOSSARY. xxiii Rays 57 > ^e marSmal flowers a head or cyme • the partial stalks of an umbel. Radiate 'or Radiant: bearing rays; di- vergino- from a centre. Radical :°near or belonging to the root. Radicle, 103. Raphe, 83. Receptacle. 61. Reclining: leaning or falling to one side. Renewed! : } bent graduaUv backward' Refracted: bent abruptly backward, as if broken. Regular: of uniform shape and size. Reniform: see Kidney-shaped. Repand: wavy. Resupinate : turned upside down. Reticulate : disposed in little spaces, like network. Revolute: rolled backward. Rhizoma, 18. Rhombic or Rhomboidal : diamond- shaped. Ribs, 33 ; longitudinal ridges. Ribbed: bearing ribs. Root, 7. Rootlet, 7. Rootstock, 18. Rostrate: beaked. Rotate: wheel-shaped; with a short tube and a spreading limb. Rudimentary : imperfectly developed. Rugose : uneven ; wrinkled. Ruminated (albumen) : divided into lobes. Runcinate : same as lyrate, but with the lobes directed backward. Runner, 23. Sagittate : arrow-shaped. Samara, 97. Scabrous: rough. Scales : reduced leaves, or any small and thin appendage. Scaly: beset with scales; of the texture of scales. Scape, 50. Scarious : very thin and colorless. Scurfy : covered with minute scales. Secund: one-sided. Seed, 99. Segment: one of the parts of a divided leaf, &c. Sepal, 63. Septicidal, 89. Serrate : with the margin cut into teeth like a saw. Serrulate : finely serrate. Sessile : not raised on a stalk. Setaceous : bristle-like. Sheath: the base of a leaf when it is wrapped round the stem. Sheathing : enclosing the stem like a sheath. Shield-shaped : see Peltate. Shrub, 26. Silicle and Silique, 90. Silky: clothed with fine appressed shin- ing hairs. Silvery: white and shining. Simple: of one piece. Sinuate : with the margins cut into rounded incisions (sinuses) which are separated by rounded lobes. Solitary : standing alone. Sorus : the fruit cluster of ferns. Spadix, 64. Spathe, 54. Spatulate : dilated into a broad and rounded summit, from a slender base. Species, 111. Specific : pertaining to a species. Spike, 52. Spikelet: a small spike, or a branch of a spike. Spindle-shaped: see Fusiform. Spine, 24. Spiny : armed with spines ; spine-iike. Spiral Vessels, 5. Sporangia: Flora, p. 585. Spores: Flora, p. 585. Spur: a hollow appendage of the calyx or the corolla. Spurred: furnished with a spur. Squarrose : covered with spreading scales. Stamen, 69. Staminate : bearing stamens. Standard: Flora, p. 86. Stellate or Stellar : radiating from a common centre. Stem, 13. Stemless, 13. Sterile: unfruitful; imperfect. Stigma, 78. Stigmatic : belonging to the stigma. Stipe: the stalk of an ovary or of a fern- leaf. ' Stipel 38. Stipellate: furnished with stipels. Stipule, 38. Stipulate : furnished with stipules. Stolon, 22. Stoloniferous : bearing stolons. Stomata, 33. Strap-shaped : long and flat, with par- allel margins. Striate : marked with fine furrows. Strigose : bristly with rigid appressed hairs. Strobile, 98. Style, 77. Subulate : awl-shaped. Sulcate: marked with deep furrows. Suspended: hanging. Suture, 80. Syngenesious, 72. System, 115. Tap-root, 8. Tendril, 25. Terete: cylindrical; round. Ternate : of three leaflets ; three in a whorl. xxiv INTRODUCTION. Testa : the covering of the seed. Tetramerous : in parts of four. Tetrandrous : having four stamens. Thorn, 24. Throat: the orifice of a tubular corolla, calyx, &c. Tomentose : clothed with a close velvety pubescence. Toothed: see Dentate. Top-shaped : like an inverted cone. Torose, or Torulose: knotted; knobby. Torus, 61. Tree, 26. Triandrous : having three stamens. Tribe : a subdivision of an order. Trichotomous : dividing into three branches. Trifoliolate : bearing three leaflets. Truncate : ending abruptly, as if cut off. Tube : the united part of a calyx or co- rolla. Tuber, 19. Tubercle : a wart-like appendage ; Flora, p. 604. Tubercled : bearing tubercles, or crowned with a tubercle. Tuberous : like a tuber. Tubular: shaped like a tube. Tumid: swelled; thickened. Tunicated Bulb, 21. Twin : in pairs ; a pair united. Twining : rising by coiling around a support. Umbel, 57. Umbelled: arranged in an umtel. Umbellet, 57. Unarmed : destitute of thorns, prickles,&c. Uncinate : hooked. Undulate : wavy. Unequally pinnate, 43. Unguiculate : clawed. Unifoliolate : bearing a single leaflet. Urceolate : urn-shaped ; pitcher-shaped. Utricle, 95. Utricular : formed like a utricle. Valve, 85. Valvate, 68 : opening by valves. Variety, 111. Vascular Tissue, 5. Vaulted : arched. Veins, 33. Veiny : furnished with reticulated veins. Veinlets : the ultimate branches of veins. Venation, 39. Ventral Suture, 80. Ventricose : inflated. Vernation, 34. Versatile, 72. Vertical : with the edges directed upward and downward, and the sides facing the horizon. Vessels, 2. Vexillum : Flora, p. 86. Villous : woolly. Virgate : wand-like ; long and slender. Viscid : clammy ; glutinous. Vittse : Flora, p. 157. Waxy : like beeswax. Wedge-shaped : broad at the summit, and tapering regularly to the base. Wheel-shaped: see Rotate. Whorl : a collection of parts arranged in a ring or circle. Whorled : disposed in a whorl. Wing : Flora, p. 86 ; any thin expansion. Winged : furnished with wings. Wood, 30. Woody : of the texture of wood. Woody Fibre or Woody Tissue, 4. Woolly : clothed with long and dense soft hairs. ABBREVIATIONS OF THE NAMES OF AUTHORS. Adans. = Adanson. Good. = Goodenough. Ait. Alton. Griseb. Grisebach. All. Allioni. Gronov. Gronovius. Andr. Andrews. Haw. Haworth. Am. Arnott. H. B. K. Humboldt, Bonpland, and Aubl Aublet. Hoff. Hoffmann. [Kunth. BaUw. Baldwin. Boole. Hooker. Bartr. Bartram. Houst. Houston. Beauv. Palisot de Beauvois. Huds. Hudson. Benth. Bentham. Jacq. Jacquin. Bigel Bigelow. Juss. Jussieu. Boerh. Boerhaave. L. or Linn. Linnaeus. Brongn. Brongniart. Lag. Lagasca. Buckl. Buckley. Lam. Lamark. Cass. Cassini. Lehm. Lehmann. Catesb. Catesby. VHerit. L'Heritier. Cav. Cavanilles. Lindl Lmdley. Chapm. Chapman. Marsh. Marshall. Chois. Choisy. Mart. Martius. Darl. Darlington. Mey. Meyer. DC. De Candolle. MlcTix. Michaux. A. DC. Alphonse de Candolle. Michx.f. Michaux the younger. Desf. Desfontaines. Mitt. Miller. Desv. Desveaux. Mcench. Moenchausen. Dew. Dewey. Muhl. Muhlenberg. Dili. Dillenius. Murr. Murray. Ehrh. Ehrhart. NecTc. Necker. Ell. EUiott. Nees. Nees von Esenbeck. Endl Endlicher. Nutt. Nuttall. Engelm. Engelmann. Panz. Panzer. Fisch. Fischer. Pers. Persoon. Forsl. Forster. Plum. Plumier. Gcert. Gsertner. Pair. Poire t. Gaud. Gaudin. Raf. Kafinesque. Ging. Gingins. R.Br. Robert Brown. Gmel Gmelin. R.$S. Koemer & Schultes. €• XXVI INTRODUCTION. Rich. Salisb. Schk. Schrad. Schreb. Schw. Scop. Shuttlw. Suttiv. Torr. Richard. Salisbury. Schkuhr. Schrader. Schreber. Schweinitz. Scopoli. Shuttleworth. Sullivant. Torrey. Tourn. Trin. Tuck. Vent. Wahl Wang. Walt. Wattr. Wendl. Willd. Tournefort. Trinius. Tuckerman. Ventenat. Wahlenberg. Wangenheim. Walter. Wallroth. Wendland. Willdenow. IV. SIGNS USED IN THIS WORK. (1) An annual plant. (D A biennial plant. 1\|. A perennial plant. 0 The length in feet; as, " 2° long," two feet long. ' The length in inches; as, "2' long," two inches long. " The length in lines; as, " 2" long," two lines long. () Placed at the end of a specific character, denotes that the species is not well known. Two adjectives connected by a hyphen denote a form intermediate between the two; as, "ovate-lanceolate," between ovate and lanceolate. Two figures connected by a dash, as " stem 4°- 6° long," denote that the length of the stem varies from four to six feet. n. sp. ) indicate that the species, or genus, is new, or has not been previously n. gen. ) characterized. V. DIRECTIONS TO THE STUDENT. HAVING acquired a general knowledge of the principles of botany, and of the meaning of the peculiar terms employed in the science, the student proceeds to study or analyze plants, with a view to determine their names, and the place the} occupy in the system. His chief difficulty, at the outset, will be to ascertain to which one of the 164 natural orders or families contained in this work the plant he may have in hand belongs. Were he to attempt to compare it with the characters of each order successively, the task would be tedious and discouraging. To obviate this, and to enable him to refer any unknown plant directly to its proper place in the Flora, some guide, such as is supplied by the following An- alysis of the Natural Orders, will be necessary. One or two examples will best explain its use. Suppose we have in hand a flowering branch of the Linden-Tree or Bass- wood. Turning to the Analysis on page xxix., we compare it, first, with the SERIES of PELENOGAMOUS PLANTS, with which we find it to agree in having flowers. Then, dividing the branch across, we see if it is made up of pith, wood, and bark ; if the leaves are netted-veined ; and if the floral envelopes are in fours or fives. Exhibiting these peculiarities, it doubtless belongs to the CLASS OF DICOTYLEDONOUS PLANTS ; although, in consequence of the minuteness of the seed, we have not been able to ascertain the number of the cotyledons. We next see if the ovules are contained in an ovary. This being clearly the case, it comes under the SUBCLASS of ANGIOSPERMOUS PLANTS. The double floral envelopes, and the separate petals of the corolla, carry it to the POLYPET- ALOUS DIVISION. Our attention is next directed to the insertion of the stamens and petals, — whether on the calyx, or hypogynous. In our plant they are hypogynous. Then, if the stamens are more than twice as many as the petals. They are so in ours. Then, if the leaves are opposite or alternate. In ours they are alter- nate. Then, if the ovaries are more than one, or solitary and 1 -celled, or soli- tary and 2 - many-celled. In ours they are solitary and 5-celled; bringing it under the last alternative. Then, if the stamens are in any way connected XXV111 INTRODUCTION. with the petals, or free from them. la ours they are free. Lastly, whether they are united into a tube, or in clusters, or are all separate. In ours they are ere united in five clusters, and the sepals are deciduous. This brings our plant to the natural order, TILIACEJE, 59, — the number referring to the page of the Flora where the order is described. Turning to that page, and comparing our plant with the character of the order, we notice their agreement. We then proceed to find the name of the genus. This is readily done, in this instance, by comparing the plant with the two genera comprised in this order. With the first it will be found to agree in every particular, and therefore we need not carry it further. We find, then, the plant in question to be a species of the genus TILIA, so named by Tournefort, and commonly called Linden or Basswood. Again, suppose the plant under consideration to be the common Bear-Grass. Having flowers, it is, of course, Phcenogamous. But, cutting across the stem, we find, in the place of pith, wood, and bark, a white mass of cellular tissue, stud- ded with minute points, which are the ends of the divided threads of woody fibre ; the veins of the leaf run parallel from the base to the apex ; the floral envelopes are in two rows of three each ; and the embryo, if examined, will be found to have but one cotyledon. In these respects, our plant differs widely from the Class of Dicotyledonous Plants, and we therefore turn to its alterna- tive, the CLASS of MONOCOTYLEDONOUS PLANTS, on page xxxvii. of the Anal- ysis, which, we observe, includes plants possessing these characters. 'Our plant, having the floral envelopes double, and not glumaceous, falls under the second heading, marked with two stars ( = •* ). Proceeding as in the former example, and carefully comparing the plant with the analysis that follows, we see, first, if the ovary is adherent with, or free from, the perianth. In ours it is free. Then, if the perianth is single, or double. In ours it is double. Then, if the calyx and corolla are alike or unlike. In ours they are alike. Then, if the leaves of the perianth are glume-like, or otherwise. In ours they are not glume-like. Then, if the leaves are netted-veined or par- allel-veined. In ours they are parallel-veined. Then, if the capsule is 1 -celled, or 3 - 6-celled. In ours it is 6-celled. Lastly, if the anthers are introrse or ex- trorse. In ours they are introrse. This brings us to the natural order LILIACE.E, described on page 480 of the Flora. It contains ten genera, belonging to three tribes, the characters of which are briefly given in the Synopsis. Our plant, by its capsular fruit, the separate divisions of the perianth, and leafy stem, comes under the third tribe, TULIPA- CEJE. Of the two sections, marked with a star ( * ), our plant belongs to the second ; having a Palm-like stem. No. 10, Yucca, alone remains ; and to it our plant must belong. Turning to page 485, where this genus is more fully described, we find it to embrace four species, divided into two sections based upon the character of the stem and capsule. The short stem (excluding the scape) and dry capsule of our plant belong to the former. It contains but one species, Y. filamentosa, L., which we therefore find to be the botanical name of the plant in question. VI. ARTIFICIAL ANALYSIS OF THE NATURAL ORDERS. SERIES I. PHJENOGAMOUS OR FLOWERING PLANTS. Plants furnished with flowers, consisting of stamens and pistils, and producing seeds which contain an embryo plant. CLASS I. DICOTYLEDONOUS OR EXOGENOUS PLANTS. Stem composed of bark and pith, with an interposed layer of woody fibre and vessels, and increasing in diameter, in all perennial stems, by the annual deposition of a new layer between the wood and bark. , Leaves netted-veined, commonly articulated with the stem. Floral en- velopes usually in fours or fives. Cotyledons two, rarely more. SUBCLAS* I. ANGIOSPERMOUS EXOGENOUS PLANTS. Ovules contained in an ovary, and fertilized by the action of the pollen, through the medium of a stigma. Cotyledons two. DIVISION I. POLYPETALOUS EXOGENOUS PLANTS. Floral envelopes double, consisting of both calyx and corolla ; the latter of separate petals. * Stamens and petals free from the calyx, hypogynous or nearly so. •t- Stamens more than twice as many as the petals. Leaves opposite, entire. Page Leaves dotted. Stamens separate. Stigma small. HYPERICACE^I, 38 Leaves dotless. Stamens united below. Stigma radiate-peltate. CLUSIAC1L3E, 42 Leaves alternate. Ovaries more than one, each 1-celled. Stems woody. Petals 6 or more, in two or more rows. Petals imbricated in the bud. Anthers 4-celled. Dioecious vines. MENISPERMACE.E, 15 Anthers 2-celled. Flowers perfect. MAGNOLIACE^, 12 Petals valvate in the bud. Fruit pulpy. Albumen ruminated. ANONACE^!, 14 Herbs. Ovaries embedded in the top of the large receptacle. NELUMBIACE.E, 18 Ovaries borne on the receptacle. Sepals and petals deciduous. RANUNCULACE^E, 2 Sepals and petals persistent. CABOMBACE^E, 18 XXX INTRODUCTION. Ovary solitary, 1-celled. Placenta central. Sepals 2, deciduous. Anthers introrse. PORTULACACE^E, 43 Sepals 5, persistent. Anthers extrorse. DROSERACE^, 38 Placentae parietal. Calyx persistent. Capsule 3-valved : placentae 3. CISTACE^E, 35 Calyx deciduous. Juice colored. Leaves simple, lohed. PAPAVERACEJE, 21 Juice watery. Placenta 1. Leaves 2 - 3-ternate. CIMICIFUGE^I, 2 Juice watery. Placentae 2. Leaves simple or trifoliolate. CAPPARIDACE^E, 31 Ovary solitary, 2 - many -celled. Stamens connected with the base of the petals. Stamens united in a column. Sepals valvate. MALVACEAE, 52 Stamens united in a ring. Sepals imbricated. CAMELLIACE^:, 60 . Stamens free from the petals. Stamens united into a tube. Sepals persistent. CLUSIACE^l, 42 Stamens united in clusters. Sepals deciduous. TILIACE^E, 59 Stamens separate. Ovary 5-celled. Leaves tubular. SARRACENIACE^E, 20 Ovary many-celled. Leaves flat. NYMPH fflACEJE, 19 •i- -t- Stamens twice as many as the petals. Ovaries more than one. Flowers dioecious. Fruit a drupe. Trees, with pinnate leaves. SIMARUBACE^, 67 Flowers perfect. Fruit dry, indehiscent, 1 - 3-seeded. Aquatic herbs. CABOMBACE.33, 18 Fruit a many-seeded follicle. Fleshy herbs. CRASSULACE.E, 149 Ovary solitary, 1-celled. Leaves alternate. Fruit a legume. Leaves stipulate. LEGUMINOS^, 86 Leaves opposite. Fruit a capsule, with parietal placentae. Leaves entire, dotted. HYPERICACELS:, 38 Fruit a capsule, with a free central placenta. Leaves dotless. CARYOPHYLLACE^;, 45 Fruit a drupe. Shrubs, with trifoliolate dotted leaves. BURSERACE2E, 67 Fruit a berry. Herbs, with two peltate lobed leaves. BERBERIDACE.E, 16 Ovary solitary, 2-celled. 9 Flowers irregular : stamens monadelphous. Capsule 2-seeded. POiYGALACE^I, 82 Flowers regular : stamens separate. Capsule long, many-seeded. TILIACE2E, 59 Ovary solitary, 3-celled. Shrubs, with alternate leaves. Flowers monoecious. Fruit 3-seeded, 3-valved. Stamens united. EUPHORBIACE^I, 399 Flowers perfect. Fruit 3-seeded, 3-winged, indehiscent. CYRILLACK3E, 272 Fruit many-seeded, 3-valved. ER1CACKE, 257 Ovary solitary, 4-celled. Stamens 8. Style single. Low fleshy root-parasites, with scale-like leaves. MONOTROPE^I, 258 A shrub, with alternate leaves and bractless flowers. CYRILLACE^E, 272 Styles 4. Flowers cymose. Capsule 4-lobed, spreading. CRASSULACE^l, 149 Ovary solitary, 5-celled. Stamens 10. Style single. Stamens monadelphous. Leaves alternate, pinnate. CEDRELACE^E, 62 Stamens separate. Leaves opposite, pinnate. ZYGOPHYLLACEJ3, 63 Stamens separate. Leaves alternate, simple. PYROLEJE, 258 Styles 5. Cells of the fruit separating into 1-seeded nutlets. GERANIACE^E, 6 Cells of the fruit united. Leaves trifoliolate. OXALIDACE^E, 6 Ovary solitary, 7-celled. Anthers opening by terminal pores. ERICACEAE, 257 Ovary solitary, 10- 12-celled. Leaves opposite, abruptly pinnate. ZYGOPHYLLACE.E, 63 +-4-4- Stamens exceeding the petals in number, but not twice as many. Ovary 1-celled. Petals 4 : stamens 6. Sepals 2. Flowers irregular. Embryo minute in fleshy albumen. FUMARIACE2E, 22 Sepals 4. Flowers regular. Embryo large. Albumen none. CAPPARIDACK&, 31 Ovary 2-celled. Petals 3. Stamens 8, monadelphous. Anthers 1-celled. POLYGALACEJE, 82 Petals. Stamens 6. Fruit a silique or silicle. CRUCIFER^l, 23 ARTIFICIAL ANALYSIS OF THE NATURAL ORDERS. Ovary 3-cclled. Leaves opposite. , Petals 5. Stamens 9. Leaves simple, dotted. HYPERICACE2E, 38 Petals 4-5. Stamens 7. Leaves palmately 7-foliolate. SAPINDACEjiE 78 Ovary 3 - 4-celled. Leaves alternate. Petals 5-8. Stamens 10. Fruit indehiscent, 3 - 4-winged. CYRLLLACE2E, 272 •^ •-•- •- Stamens (the fertile ones) as many as the petals. Ovaries more than one. Flowers monoecious. Stamens united into a 5-lobed disk. SCIIIZANDREyE, 12 Flowers dioecious. Anthers 4-celled. Leaves simple. MENISPERMACEJ5 15 Anthers 2-celled. Leaves pinnate, dotted. RUTACE.E, 66 Flowers perfect. Style terminal. Ovules pendulous. RANTJNCULACE^E, 2 Style lateral. Ovules erect. SURIANACE^E, 149 Ovary solitary, 1 -celled. Flowers irregular. Fruit a legume. Albumen none. LEGUMINOS^E, 86 Capsule 3-valved. Albumen fleshy. "VTOLACES!, 32 Flowers regular. Flowers monoecious ; the fertile ones apetalous. Fruit utricular. EUPHORBIACE2E, 399 Flowers perfect. Stamens opposite the petals. Anthers opening by uplifted valves. BERBERIDACE^E, 16 Anthers opening lengthwise. Stamens and petals 3. Stigmas many-parted. CISTACE^E, 35 Stamens and petals 5. Leaves a pair, opposite. Capsule 3-valved, few-seeded. PORTULACACE^, 43 Leaves alternate, numerous. Capsule 2-valved. BYTTNERIACE^E, 58 Leaves at the base of a naked stem. Fruit a utricle. PLUMBAGINACE^l, 278 Stamens alternate with the petals. Leaves opposite, dotted, exstipulate. Albumen none. KYPERICACE^E, 38 Leaves opposite or whorled, dotless, stipulate. Albumen present. ILLECEBRE2E, 45 Leaves alternate. Capsule 1-celled. Leaves compound. Fruit a legume. MIMOSE-ZE, 88 Leaves simple. Stamens with sterile ones between. PARNASSIACE^E, 37 Sterile stamens none. DROSERACE^E, 36 Ovary solitary, 2-celled. Trees or shrubs. Fruit a double samara. Leaves simple, opposite. ACERACE^I, 80 Fruit a single samara. Leaves trifoliolate, alternate. RUTACEJ3, 66 Fruit a berry. Leaves palmately 5-foliolate. VITACE^E, 70 Fruit a drupe. Flowers perfect, racemose. Stamens 5. CYRILLACE^I, 272 Flowers dioecious, clustered. Stamens 2. EMPETRACEJE, 410 Ovary solitary, 3-celled. Stamens united, the alternate ones sterile. GALACINE^!, 268 Ovaries 4-celled, aggregated into a head. Dioecious. BATIDACE^!, 411 Ovary 5-celled. Style single. Petals stalked. BYTTNERIACEJ3, 58 Ovary 5-celled, or falsely 10-celled. Styles 5. Petals sessile. LINAGES, 62 4- H- -i- •»- H- Stamens fewer than the petals. Stamens 2. Petals 4, cruciform. Fruit a silicic. CRUCIFER^, 23 Stamens 2 -3. Petals 5. Flowers regular. Leaves opposite. CARYOPHYLLACE&, 45 Stamens 4. Petals 5. Flowers irregular. Leaves alternate. KRAMERIACE.E, 86 * * Stamens and petals inserted on the calyx, or on a more or less perigynous disk. 4- Calyx not adherent to the ovary. •H- Stamens as many as the petals. Stamens monadelphous around the stalk of the ovary. PASSIFLORACEJE, 147 Stamens separate, opposite the petals. Calyx truncate. Ovules 2 in each cell. Woody vines. VTTACE^E, 70 Calyx valvate. Ovules single in the cells. Trees or shrubs. RHAMNACEJE, 72 XXX11 INTRODUCTION. Stamens separate, alternate with the petals. Herbs. Leaves alternate. Calyx deciduous. Capsule 1-celled. Leaves opposite. Calyx persistent. Capsule 2 - 4-celled. Trees or shrubs. Fruit a double samara. Leaves opposite. Styles 2. Fruit a drupe. Ovary 1-celled. Albumen none. Ovary 2 - 5-celled. Seeds with albumen. ) Fruit a capsule. Capsule fleshy. Seeds arilled. ) Capsule 3-celled, inflated. Leaves trifoliolate. Capsule 2-celled, 2-beaked. Leaves simple. TURNERACE^!, 146 LYTHRACE^E, 133 ACERACE^;, 80 ANACARDIACE^I, 68 CELASTRACE.E, 75 STAPIIYLEACE2E, 77 ESCALLONIE^, 151 •H- -H- Stamens more numerous than the Ovaries more than one. Leaves alternate, stipulate. Leaves alternate, exstipulate. Succulent herbs. Leaves opposite, exstipulate. Sepals and petals numerous. Ovary solitary, 1-celled. Fruit a drupe. Style arising from the base of the ovary. Style terminal. Ovules pendulous. Fruit a legume. Flowers mostly irregular. Ovary solitary, 2 - 5-celled. Style single. Leaves simple, opposite or whorled. Leaves compound, dotted. Petals valvate. Leaves compound, dotless. Petals imbricated. Styles 2. Leaves alternate. Fruit a capsule. Leaves opposite. Fruit a double samara. Styles 2-3, each 2 - 3-parted. Capsule 2 - 3-celled. Styles 3, entire. Petals clawed. Fruit a drupe. petals. ROSACES, 117 CRASSULACE^l, 149 CALYCANTHACE^, 129 CHRYSOBALANEJ3, 118 AMYGDALE.E, 118 LEGUMINOS^, 86 LYTHRACE^, 133 BURSERACE^!, 67 SAPINDACE^I, 78 SAXIFRAGACE.E, 151 ACERACE^E, 80 EUPHORBIACE^E, 399 MALPIGIIIACE^, 81 Herbs. Ovary 1-celled. •i- •<- Calyx adherent to the ovary. Capsule and 2-lobed calyx circumscissile. PORTULACACE^I, 43 Capsule 3-valved. Calyx 5-parted. Leaves rough. LOASACE.E, 146 Ovary 2 - 6-celled. Style single. Anthers opening by a terminal pore. Leaves ribbed. MELASTOMACE^I, 131 Anthers opening lengthwise. Leaves ribless. Styles or stigmas 2 or more. Flowers umbelled. Fruit dry, separating into 2 pieces. Fruit berry-like, of 2 - 5 nutlets. Flowers not umbelled. Flowers perfect. Fruit capsular. Leaves alternate. Flowers monoecious. Fruit nut-like. Leaves whorled. Shrubs or trees. Leaves opposite. Fruit dry, variously dehiscent, many-seeded. Fruit indehiscent, 1 - 2-seeded. Stipules between the petioles. Stipules none. Leaves dotted. Stamens numerous. Leaves dotless. Stamens 4. Ovary 2-celled. Leaves dotless. Stamens 10. Ovary 1-celled. Leaves alternate. Flowers umbelled. Leaves compound. Flowers not umbelled. Leaves stipulate. Fruit fleshy or baccate, indehiscent. Fruit dry, woody, 2-valved. Leaves exstipulate. Flowers dioecious. Drupe baccate. Sterile flowers apetalous. ONAGRACEJ3, 137 UMBELLIFER^I, 157 ARALIACE^I, 166 SAXIFRAGACEJ3, 151 HALORAGE^;, 137 HYDRANGEA, 151 RHIZOPHORACE^:, 135 MYRTACE^l, 130 CORNACE^:, 167 COMBRETACEJE, 136 ARALIACE.E, 166 POME^, 118 IIAMAMELACE^, 156 CORNACE.E, 167 ARTIFICIAL ANALYSIS OP THE NATURAL ORDERS. Flowers perfect. Ovary 3-celled. Fruit a 2-winged nut. » Ovary 2 - 5-celled. Fruit a 1 - 5-seeded berry. } STYRACACEJ3, 270 Ovary 1-celled, with two parietal placentae. GROSSULACE^!, 145 Ovary 1-celled, with numerous placentae. CACTACK&, 144 DIVISION II. MONOPETALOUS EXOGENOUS PLANTS. Floral envelopes double, consisting of both calyx and corolla ; the latter of more or less united petals. * Calyx free from the ovary. •»- Flowers regular. •H- Fertile stamens fewer than the lobes of the corolla. Fruit a 1-seeded fleshy drupe. Evergreen shrubs or trees. OLEACEJE, 368 Fruit separating into 2-4 nutlets. Ovary 4-lobed ; the style rising from between the lobes. LABIATE, 310 Ovary not lobed ; the style terminal. VERBENACE.E, 305 Fruit a 2-celled capsule. Capsule circumscissile. Leaves alternate, radical. PLANTAGINACEJ5, 277 Capsule 2-valved. Corolla-lobes imbricated in the bud. SCROPHULARIACE^, 287 Corolla-lobes twisted in the bud. ACANTHACK3E, 302 •H- ++ Fertile stamens as many as the lobes of the corolla and opposite them. Herbs. Capsule 1-celled, many-seeded. PRIMULACHS:, 279 Trees or shrubs, rarely herbs. Anthers introrse. ^Calyx plaited, glandular. Fruit a utricle. PLTTMBAGINACE^, 278 Calyx not plaited. Fruit a drupe. Embryo transverse. MYRSINACRffi, 276 Anthers extrorse. Ovary 1-celled. Flowers racemose. THEOPHRASTACE^E, 276 Ovary 3 - 8-celled. Flowers clustered. SAPOTACE^E, 274 «-» -H- -H. Fertile stamens as many as the lobes of the corolla and alternate with them. Ovaries 2, separate. Juice milky. Stamens united with the stigmas into a mass. ASCLEPIADACEJE, 361 Stamens separate and free from the stigma. APOCYNACE.32, 358 Juice not milky. Stems creeping. Utricle 1-seeded. DICHONDRILS:, 341 Ovary solitary. Fruit indehiscent. Leaves opposite. Ovary 2-celled. Drupe 1-seeded. Corolla-lobes long. OLEACEJE, 368 Ovary 4-celled. Drupe 4-seeded. Corolla-lobes short. VERBENACE^!, 305 Leaves alternate. Flowers dioecious. Fruit baccate, 4 - 9-seeded. AQUIFOLIACE^!, 268 Flowers perfect. Ovary 2-celled. Corolla plaited or valvate. SOLANACEJ5, 347 Ovary 4-celled. Corolla mostly imbricated in the bud. BORRAGINACEJE, 328 Fruit a capsule. Capsule circumscissile. Flowers on a scape. PLANTAGINACEJE, 27f Capsule dehiscent by valves. Ovary 1-celled. Leaves lobed, hairy or pubescent. HYDROPHYLLACE^, 333 Leaves entire, smooth. GENTIANACRS!, 352 Ovary 2 -5-celled. Stipules membranous or annular between the opposite leaves. LOGANIKffi, 173 INTRODUCTION. Stipules none. Capsule few-seeded. Stems twining. Leaves alternate. , CONVOLVULACE2E, 340 Stems twining. Leaves none. ) Stems not twining. Leaves opposite or alternate. POLEMONIACK&I, 837 Capsule many-seeded. Style single. Capsule 2-celled. Corolla plaited in the bud. SOLANACE^I, 347 Capsule 2-celled. Corolla imbricated in the bud. SCROPHULARIACE^E, 287 Capsule 5-celled. Stamens elongated. ERICACEAE, 257 Styles 2. Capsule 2-celled. HYDROLEACEJE, 336 ++ -H- -w- -H- Stamens more numerous than the lobes of the corolla. Leaves compound, stipulate. Fruit a legume. MIMOSE^!, 88 Leaves simple. Flowers dioecious. Ovary 8-celled. Fruit a berry. EBENACE^E, 273 Flowers perfect. Stamens numerous. Stamens united into a column. Anthers 1-celled. MALVACEAE, 52 Stamens united in a ring or in clusters at the base. CAMELLIACE^), 60 Flowers perfect. Stamens twice as many as the corolla-lobes. Corolla-lobes imbricated in the bud. Capsule many-seeded. ERICACEJ3, 257 Corolla-lobes valvate in the'bud. Drupel-seeded. OLACACILE, 61 •i- H- Floivers irregular. Stamens 6. Calyx of 2 sepals. Capsule 1-celled. FUMARIACEJE, 22 Stamens (the fertile ones) 2 or 4. Ovary 1-celled. Stamens 2. Corolla spurred. LENTIBULACE^!, 282 Stamens 4. Fruit 1-seeded, reflexed. PHRYME^E, 306 Stamens 4. Fruit many-seeded. Leaves scaly. OROBANCHACE^, 286 Ovary 2-celled. Albumen copious. Corolla imbricated in the bud. SCROPHULARIACE^, 287 Albumen none. Placenta with hooked appendages. Corolla twisted in the bud. ACANTHACE^, 302 Placenta not appendaged. Capsule large. BIGNONIACEJE, 284 Ovary 4-celled. Ovary 4-lobed ; the style rising from between the lobes. LABIATE, 310 Ovary not lobed. Style terminal. VERBENACE^E, 305 / ' * * Calyx more or less adherent to the ovary. Anthers united. Anthers contorted. Vines climbing by tendrils. CUCURBITACE.E, 148 Anthers straight. Flowers in a raceme. Fruit a many-seeded capsule. LOBELIACEJ3, 253 Flowers in a raceme. Fruit a 1 - 4-seeded drupe. RUBIACEJE, 172 Flowers in a head. Fruit a dry achenium. COMPOSITE, 184 Anthers separate. Leaves opposite or whorled. Leaves connected by stipules, or whorled. RUBIACE^, 172 Stipules none. Stamens as many as the lobes of the corolla. CAPRIFOLIACE^, 16 Stamens fewer than the lobes of the corolla, VALERIANACE^E, 183 Anthers separate. Leaves alternate. Herbs. Corolla-lobes valvate in the bud. Capsule opening at the sides. CAMPANTILACE^, 25 Corolla-lobes imbricated in the bud. Capsule valvate. PREMTJLACE^E, 279 Shrubs. Flowers irregular. Stigma within a ciliate cup. GOODENIACE^!, 255 Flowers regular. Anthers opening by a terminal chink. VACCINIE^l, 257 Flowers regular. Anthers opening lengthwise. STYRACACE.3E, 270 ARTIFICIAL ANALYSIS OP THE NATURAL ORDERS. XXXV DIVISION in. APETALOUS EXOGENOUS PLANTS. Floral envelopes single, consisting of a calyx only, or altogether wanting. * Amentaceous trees or shrubs. Flowers monoecious or dioecious. •i- Sterile flowers only in aments. Leaves simple, stipulate. Involucre scaly. Seed entire. CUPULIFERJE, 420 Leaves pinnate, exstipulate. Involucre none. Seed 4-lobed. JUGLA.NDACE.ffi, 418 Both the sterile and fertile flowers in aments. Aments globose. Calyx none. Fruit 2-beaked, 2-valved, many-seeded. Sterile aments spiked. Fruit nut-like, 1-seeded, hairy. Aments single. Aments oblong or linear. Ovary 1-celled. Drupe 1-seeded. Stipules none. Capsule 2-valved, many-seeded. Seed comose. Ovary 2-celled. Fruit dry, angled or winged. Fruit enclosed in the 'confluent berry-like calyx. * * Flowers not in aments, •>- Calyx and corolla none. HAMAMELACEJ2, 156 PLATANACE^E, 417 MYRICACE^!, 426 SALICACE.ffi, 429 BETULACE^l, 428 MORACKE, 414 SAURURACE^E, 397 Ovaries 3-4, united below. Flowers perfect, spiked. Ovary single. ~j Involucre none. Capsule 4-celled. Aquatic. CALLITRICHACEJE, 398 Involucre spathe-like. Styles 2. Leaves alternate, parted. PODOSTEMACE^E, 399 Involucre 8 - 12-parted. Style one. Leaves whorled, forked. CERATOPHYLLACE^E, 398 Involucre 4 - 5-toothed, cup-like, containing one fertile flower and several sterile ones, each reduced to a single stamen. EUPHORBIACRiE, 399 •i- -i- Calyx herbaceous or coroUa-like. Ovaries more than one. Stamens inserted on the calyx. Leaves stipulate. Stamens hypogynous. Stipules none. Embryo minute. Embryo and seeds large, curved. Ovary solitary. Calyx adherent to the ovary. Ovary 1-celled. Fruit a 2-valved, many-seeded capsule. Fruit indehiscent, 1-seeded. Anthers (and stigma) sessile. Tree parasites. Anthers on filaments. Drupe berry-like. Stigma decurrent. Drupe dry. Albumen copious. Drupe dry. Albumen none. Ovary 6-celled, many-ovuled. Calyx tubular. Ovary 4-celled, many-ovuled. Stigma capitate. ) Ovary 3-celled, 3-ovuled. Stigmas 3. Leaves dissected. ) Ovary 2 - 3-celled. Capsule 2-valved. Leaves alternate. Fruit a berry. Leaves opposite. Calyx free from the ovary. Ovary 1-celled. Ovules and seeds numerous. Vines. Fruit berry-like. Stems erect. Capsule circumsciesile. ROSACES, 117 RANUNCULACE^;, 2 HENISPERMACILE, 15 SAXIFRAGACE^E, 151 LORANTHACE^E, 397 CORNACEJ5, 167 SANTALACE^E, 395 COMBRETACE^l, 136 ARISTOLOCHIACE^l, 371 ONAGRACE^!, 137 HAMAMELACE^!, 156 MYRTACEJE, 130 PASSIFLORACKE, 14T CELOSLELE, 379 XXXV111 INTRODUCTION. Herbs. Stamens 6. Leaves 3 in a whorl. Flower single. TRILLIACE^!, 475 Leaves alternate, sheathing. COMMELYNACEJE, 497 Stamens 3. Flowers perfect, solitary. Stem leafy. MAYACACE^!, 498 Flowers perfect, capitate. Scape leafless. XYRIDACE2E, 499 Stamens 3 or 4. Flowers monoecious, capitate. Scape leafless. ERIOCAULONACE^l, 602 * * * Flowers glumaceous, i. e. with scale-like bracts, in place of proper floral envelopes. Bracts single. Sheaths closed. Fruit an achenium. CYPERACEJS, 504. Bracts by pairs. Sheaths open. Fruit a caryopsis. GRAMINE^, 545 SERIES II. CRYPTOGAMOUS OR FLOWERLESS PLANTS. Plants destitute of proper flowers, and producing, in place of seeds, minute bodies (spores) which do not contain an embryo. CLASS III. ACROGENS. Plants with a distinct stem containing woody and vascular tissue, growing from the apex only. Fructification borne on the under side of a peltate scale. EQUISETACEJE, 585 Fructification borne on the back or margins of the leaves (fronds). FILICES, 585 Fructification borne in the axil of small leaves or bracts. LYCOPODIACE^, 600 Fructification borne at the base of the leaves. HYDROPTERIDES, 602 FLORA OF THE SOUTHERN UNITED STATES SERIES I. PILENOGAMOUS OR FLOWERING PLANTS. VEGETABLES furnished with flowers, consisting of stamens and pistils, and usually floral envelopes of some kind, and producing seeds which contain an embryo. CLASS I. DICOTYLEDONOUS OB EXOGENOUS PLANTS. Stem composed of bark and pith, which are separated by an interposed layer of woody fibre and vessels, and increas- ing in diameter, in all perennial stems, by the annual depo- sition of new layers between the wood and bark. Leaves reticulate-veined, commonly articulated with the stem. Floral envelopes usually in fours or fives. Cotyledons two, rarely more. SUBCLASS 1. ANGIOSPERM^. Ovules enclosed in an ovary, and fertilized by the action of the pollen, through the medium of a stigma. Cotyledons two. DIVISION I. POLYPETALOUS EXOGENOUS PLANTS. Floral envelopes double, consisting of both calyx and corolla ; the latter of separate petals. 1 2 RANUNCULACEJE. (CROWFOOT FAMILY.) ORDER I. RANUNCULACE^E. (CROWFOOT FAMILY.) Herbs or climbing shrubs, with a watery acrid juice. Leaves com- monly divided, their petioles dilated at the base, without stipules. Flowers regular or irregular. Sepals 3-15, distinct, often colored. Petals 5-15, deciduous, often wanting. Stamens hypogynous, indefi- nite. Ovaries distinct, numerous, rarely few or solitary, 1 -celled, 1- many-ovuled. Fruit dry or baccate. Embryo minute at the base of fleshy or horny albumen. Synopsis of the Genera. TEIBE I. C!LEMATIDE.ffi. Sepals valvate in the bud, colored. Petals stamen-like or none. Style elongated, persistent. Fruit an achenium. — Chiefly Tines. Leaves opposite. 1. ATRAGENE. Petals small and stamen-like. 2. CLEMATIS. Petals none. TRIBE II. ANEMONES. Sepals imbricated in the bud, colored. Petals none. Ovules solitary. Fruit an achenium. — Herbs. Floral leaves often whorled, forming an involucre. 3. ANEMONE. Involucre leaf-like and distant from the long-peduncled flowers. 4. HEPATICA. Involucre calyx-like and close to the flower. 5. THALICTRTJM. Flowers panicled and without an involucre (except in No. 1). Achenia ribbed or inflated. Leaves compound. 6. TRAUTVETTERIA. Flowers corymbed. Involucre none. Achenia 4-angled. Seed erect. Leaves simple, lobed. TRIBE III. RANUSfCUIjE-^E. Sepals imbricated in the bud, mostly herbaceous. Petals manifest. Ovules solitary. Fruit an achenium. — Herbs. Leaves alternate. 7. MYOSURUS. Sepals spurred at the base. Achenia spiked. Leaves radical, linear. 8. RANUNCULUS. Sepals spurless. Achenia capitate. Stems leafy. TSIBE IV. HELLEBORINEJE. Sepals imbricated in the bud, colored. Petals of various forms, or none. Fruit a 1 - many-seeded follicle. Leaves alternate. 9. CALTIIA. Petals none. Follicle many-seeded. Sepals yellow. Leaves simple. 10. ISOPYRUM. Petals none. Follicle few-seeded. Sepals white. Leaves compound. 11. AQUILEGIA. Sepals 5, regular. Petals 5, spur-shaped, hollow. Follicle many-seeded. Leaves compound. 12. DELPHINIUM. Sepals 5, irregular ; the outer one spurred. Petals 4, small ; two of them spurred, the others stalked. Follicle many -seeded. Leaves lobed. 13. ACONITUM. Sepals 5, irregular ; the outer one large, hooded, and enclosing two long- stalked, hooked petals ; the other petals stamen-like or wanting. Follicle many-seeded. Leaves lobed. 14. ZANTHORHIZA. Flowers regular. Sepals and petals 5; the latter 2-lobed. Follicle 1-2-seeded. Shrubby. Leaves compound. TRIBE V. CIMICIPTJGEJE. Sepals imbricated in the bud, colored. Petals small and flat, or none. Fruit a follicle or berry. — Herbs. Leaves alternate. 15. HYDRASTIS. Petals none. Ovaries numerous, forming a head of 1 - 2-seeded berries. Stems 1-flowered. Leaves simple, lobed. 16. ACT JE A. Petals 4-8, entire. Ovary solitary, forming a many-seeded berry. Flowers in short oblong racemes. Leaves compound. 17. CIMICIFUGA. Petals 3-5, 2-cleft. Ovaries 1-8, forming many-seeded follicles. Ra- cemes elongated. Leaves compound. RANUNCULACE^E. (CROWFOOT FAMILY.) 3 1. ATRAGENE, L. Sepals 4, colored, membranaceous, spreading, valvate in the bud, deciduous. Petals numerous, stamen-like. Stamens indefinite. Ovaries numerous, 1-ovuled. Achenia capitate, bearing the persistent styles in the form of long plumose-beard- ed tails. Seed suspended. — Shrubby vines, climbing by the petioles. Leaves opposite, compound, from scaly buds. Flowers solitary, showy. 1. A. Americana, Sims. Leaves in opposite pairs, ternate; leaflets stalked, ovate, acute, entire or toothed, sometimes slightly cordate ; peduncles opposite ; sepals oblong-ovate. — Mountains of North Carolina and northward. April -May. — Flowers 2' -3' in diameter, purple. 2. CLEMATIS, L. VIRGIN'S-BOWER. Petals none. Persistent styles naked or plumose. Otherwise as Atragcne. — Herbs or shrubby vines. Leaves simple or compound, opposite. Buds not scaly. Flowers solitary or panicled, often polygamous or dioecious. * Flowers solitary, nodding : calyx thick or leathery. •- Stems erect, mostly simple, herbaceous. 1. C. OChroleuca, Ait. -Silky-pubescent; leaves ovate or roundish, en- tire, reticulate, nearly sessile, at length smooth above ; tails of the achenia (l£' long) plumose. — Upper districts of Georgia and northward. May- June. — Stems 1° high. Flowers yellowish, 1' long. 2. C. Baldwin!!, Torr. & Gray. Stems mostly simple, slender, slightly pubescent ; leaves oblong, varying to linear-lanceolate, entire, or with three often divided lobes; peduncles elongated ; tails of the achenia (2f-3' long) very slen- der, plumose. — South Florida. — Stems 1° - 1 £° high. Peduncles 8' - 10' long. Flowers purple, yellowish within, the sepals woolly on the margins. •»- •- Stems climbing, herbaceous. 3. C. OVata, Pursh. Smooth ; stems erect or climbing ; leases broadly ovate, short-petioled, reticulate, glaucous beneath, the lowest sometimes com- pound or cordate ; sepals ovate, acuminate, pubescent on the margins ; tails of the achenia very long, plumose. — Mountains of Georgia, Carolina, and Ten- nessee.— Flowers purple1?, inclined. — Probably a form of the next. ( * ) 4. C. Viorna, L. Smoothish; leaves pinnate; leaflets 5 - 7, oval, or ob- long-ovate, mostly acute, somewhat membranaceous, entire or 2-3-lobed, the lowest pair often ternate ; calyx ovate ; sepals ovate, tapering into a short re- curved point, not margined, rather longer than the stamens ; tails of the achenia ( 1 £' long) plumose. — River-banks. May -August. — Flowers nodding. Sepals thick, reddish purple, 1' long. 5. C. crispa, L. Stem sparingly pubescent ; leaves pinnate ; leaflets 5-7 ovate, thin, 3-lobed or ternate ; those of the upper leaves entire, of the low- est lanceolate or linear ; calyx campanulate ; sepals lanceolate, acuminate, twice as long as the stamens, the margins broad and wavy ; tails of the achenia (!' long) rigid ; silky-pubescent. (C. Walteri,P«rsfi. C. cylindrica, Sims. C. line- 4 RANUNCULACE^E. (CROWFOOT FAMILY.) ariloba, DC., an early state, when all the leaflets are linear.) — Swamps and banks of rivers. May and June. — Stems 2° - 4° high, somewhat shrubby at the base. Flowers 1'- 1£' long, pale bluish-purple. 6. C. reticulata, Walt. Smooth; leaves pinnate; leaflets 7-9, oval, entire or 2 - 3-lobed, obtuse or mucronate, coriaceous, strongly reticulated ; calyx ovate ; sepals ovate-lanceolate, with spreading tips, not margined, longer than the stamens ; tails of the achenia (1^' long) slender, plumose. — Dry sandy soil, Florida to South Carolina. May- July. — Calyx downy, dull purple. * * Flowers panided : calyx thin, spreading, white: stems woody. 7. C. Virginiana, L. Smooth ; leaves ternate ; leaflets ovate or cordate- ovate, lobed or toothed ; panicle trichotomous, many-flowered, leafy ; flowers dioecious or polygamous ; sepals obovate, smoothish ; tails of the achenia long, plumose. — Swamps and meadows. July. — Leaflets 2' -3' long. 8. C. Catesbyana, Pursh. Pubescent ; leaves biternate ; leaflets ovate, mostly cordate, 3-toothed or lobed ; panicle leafy, many-flowered, the branches divaricate, opposite, 3 - 5-flowered ; flowers dioecious ; sepals oblong, hoary ; tails of the achenia plumose. — Dry sandy soil, near the coast, Florida to South Carolina, and westward. July. — Stem climbing high. Leaves and flowers smaller than the last. 9. C. holosericea, Pursh. Silky-pubescent ; leaves ternate ; leaflets oblong-lanceolate, entire ; flowers dioecious, in paniculate corymbs ; sepals lin- ear, longer than the stamens ; tails of the achenia very long, plumose. — South Carolina, Walter. — Flowers small, white. ( * ) 3. ANEMONE, L. WIND-FLOWER. Sepals 4 -20, colored, imbricated in the bud, deciduous. Petals none. Sta- mens indefinite. Filaments filiform. Ovaries numerous. Ovule solitary. Achenia capitate, compressed, pointed by the short, naked or woolly, straight or hooked, persistent style. Seed suspended. — Perennial herbs, with naked stems, bearing at the summit 2-3 opposite or whorled and divided leaves, which form an involucre remote from the flower. Radical leaves lobed or divided. 1. A. nemorosa, L. (Wooo ANEMONE.) Smooth or pubescent ; stem 1 -flowered ; leaves of the involucre 3, long-petioled, 3-parted, the divisions ovate- lanceolate, lobed and toothed, longer than the peduncle ; sepals 4-6, oval, white ; achenia 15-20, pointed by the hooked persistent style. — Open woods along the mountains and northward. March -April. — Stems 4' -6' high. Radical leaf solitary. 2. A. Caroliniana, Walt. (CAROLINA ANEMONE.) Stem slender, 1-flowered ; peduncle many times longer than the small, sessile, 3-leaved, 3-toothed involucre ; radical leaves 2 -3, long-petioled, ternate, deeply parted, lobed and toothed ; sepals 14-20, oblong, white ; achenia numerous in a cylin- drical-oblong head, woolly. — North Carolina and westward. March. — Stems 6' - 12' high. Flowers 1 ' in diameter. RANUNCULACE^E. (CROWFOOT FAMILY.) 5 3. A. Virginiana, L. (VIRGINIA ANEMONE.) Stem hairy or woolly, at length many-flowered ; peduncles elongated, the earliest one simple ; lateral ones several times forking, and bearing a 2-leavcd involucre and a single flower at each joint ; proper involucre 3-leaved, the leaves long-petioled, 3-parted, with ovate or oblong lobed and toothed divisions ; sepals 5, oval, greenish, acute ; achenia numerous, in an oblong head, woolly. — Open woods in the upper dis- tricts, and northward. July - September. — Plant 2° - 3° high. Flower 8"- 9" in diameter. Eadical leaves 3-4, similar to the involucre. 4. HEPATIC A, Dill. LIVER-LEAF. Flowers and fruit as Anemone. Involucre close to the flower, 3-leaved, resem- bling a calyx ; its leaves sessile, ovate, entire. — A low, perennial herb, with scape-like, 1-flowered stems, and 3-lobed, long-petioled, cordate, persistent, radi- cal leaves. 1. H. triloba, Chaix. Lobes of the leaves rounded, entire ; stems hairy; flowers purplish or white ; achenia oblong, hairy. — Shady woods, Florida and northward. February - March. — Stems 3' - 6' high. 5. THALICTRUM, Toura. MEADOW-RUE. Sepals 4 -10, imbricated in the bud, colored, spreading, deciduous. Petals none. Stamens numerous. Filaments filiform, clavate or flattened. Ovaries 3-15, 1-ovuled. Achenia sessile or stalked, furrowed or inflated, pointed by the sessile persistent stigma or short style. Seed suspended. — Perennial herbs. Leaves compound. * Flowers polygamous or dioecious : sepals shorter than the stamens : stir/ma elon- gated: achenia nearly sessile, ribbed: leaves alternate, decompound: involucre none : /lowers small, panicled. 1. T. dioicum, L. Stems erect; leaves long-petioled; leaflets thin, roundish, crenately 5 - 7-lobed, smooth ; flowers numerous ; sepals greenish ; stamens and stigma filiform ; achenia sessile, or (in var. STIPITATUM, Torr. <?• Gray) distinctly stalked. (T. rugosum & T. Carolinianum, DC.) — Mountains of North Carolina and northward. July - August. — Stem 1° - 1£° high. 2. T. debile, Buckl. Stems low (8' -12'), procumbent or ascending, much branched ; leaves long-petioled ; leaflets small, stalked, rounded, crenately lobed, smooth; flowers few on axillary or terminal peduncles; achenia oblong, strongly ribbed, short-stalked, as long as the slender style. — Rich Avoods, near Allenton, Wilcox County, Alabama (Buckley). March and April. — Stems branching at the base, slender. 3. T. Cornuti, L. Radical leaves long-petioled ; stem-leaves sessile (the common petiole wanting) ; leaflets thick, oval or oblong, 3-lobcd or entire, often cordate, smooth, or pubescent beneath ; sepals white ; stamens and stigma slightly clavate; achenia short-stalked. (T. re volutum, D <7.) — Meadows and woods, Florida and northward. June - August. — Stems 3° - 4° high. Radical leaves very large. Leaflets varying greatly in size. 1* 6 RANUNCULACEJE. (CROWFOOT FAMILY.) * Flowers perfect : sepals longer than the stamens: stigma short: acJienia raised on a stipe, inflated, veiny : leaves ternate or biternate, alternate : flowers few, panided. 4. T. clavatum, DC. Stems slender, sparingly branched, naked below ; leaves petioled, biternate ; leaflets thin, rounded, crenately lobed, glaucous be- neath; panicle corymbose, few - many-flowered ; flowers small, white ; achenia 5-10, somewhat crescent-shaped, short-pointed, long-stalked. — Mountains of North Carolina to Alabama. July. — Stems l°-2° high. 5. T. nudicaule, Schweinitz. Stem slender, naked below, sparingly branched above ; radical leaf solitary, long-petiolcd, biternate ; stem-leaves very small, ternate ; leaflets thin, roundish, obtusely lobed, slightly cordate ; panicle 4 - 8-flowered ; flowers minute, greenish; ovaries short-stalked. — Banks of the Yadkin River, North Carolina. — Stem 2° high. ( ) * * Flowers perfect: sepals longer than the stamens : stigma depressed: aclienia sessile, ribbed : stem-leaves whorled : flowers wnbelled. 6. T. anemonoides, Michx. Radical leaves biternate, long-petioled ; leaflets oval or roundish, cordate, 3 - 5-lobed ; stem-leaves 2-3, sessile, ternate ; the long-stalked leaflets forming an involucre apparently of 6 - 9 simple leaves ; umbel 3-6-flowered; sepals 6-10, white. — Woods, Florida to Mississippi, and northward. April and May. — Root tuberous. Stems 6' - 10' high. Flow- ers £'-!' in diameter. 6. TRATTTVETTERIA, Fisch. & Mey. Sepals 3-5, orbicular, imbricated in the bud, colored, caducous. Petals none. Stamens indefinite ; filaments clavate. Ovaries numerous, 1-ovuled. Stigma recurved. Achenia capitate, gibbous, 4-sided, beaked by the hooked persistent stigma. Seed erect. — Erect, perennial herbs, with alternate, palmately-lobed leaves, and corymbose flowers. 1. T. palmata, Fisch. & Mey. Smooth; stem (2° -4° high) simple or sparingly branched above ; leaves uniform, reticulate, divided into 5-9 lanceo- late, toothed and serrate lobes ; those of the root broad (4' - 6'), long-petioled ; corymb many-flowered. — Margins of mountain streams, Georgia, Tennessee, and northward. 7. MYOSUBUS, L. MOUSE-TAIL. Sepals 5-7, imbricated in the bud, spurred at the base. Petals 5-7, linear- spatulate. Stamens 5-20: filaments filiform. Ovaries numerous, 1-ovuled. Style subulate. Achenia 3-angled, imbricated on the filiform, elongated recep- tacle. Seed suspended. — Small annuals, with linear radical leaves, and small, solitary, yellowish flowers, on a naked scape. 1 . M. minimus, L. Scapes 2' - 6' long, longer than the leaves ; acheuia beaklcss. — Augusta, Georgia (Elliott), and westward. April. — Fruiting-spike linear, 1 ' - 2' long. RANUNCULACE^E. (CROWFOOT FAMILY.) 7 8. RANUNCULUS, L. CROWFOOT. BUTTERCUP. Sepals 3-5, regular, herbaceous, concave, imbricated in the bud, deciduous. Petals 3-10, dilated, flat, furnished with a pit or scale at the narrowed base. Stamens mostly numerous. Filaments filiform. Ovaries few or numerous, 1-ovuled. Style short, subulate. Achenia capitate, compressed, beaked with the smooth, persistent style. Seed erect. — Herbs. Leaves alternate, the radical ones long-petiolcd. Flowers axillary or somewhat corymbed, white or yellow. § 1 . Petals white, with a yellow pit at the Ixtse : achenia rugose. 1. R. aquatilis, L. Stems filiform, immersed; leaves petioled, divided into an indefinite number of capillary segments ; flowers axillary, remote, long- pedunclcd. (R. Pantothrix, DC.) — Slow-flowing streams in the upper districts. July and August. 1J.. — Stems 1° - 2° long. Leaves circular in outline. § 2. Petals yellow, ivith a small scale at the base. * Achenia muricate : annuals. 2. R. parviflorus, L. Silky-pubescent ; leaves small, the lower ones circular, 3-lobed, acutely-toothed ; the upper 3-parted or entire ; flowers very small ; petals 3-5, as long as the reflexed sepals ; achenia narrowly margined, pointed with the short, recurved style. (R. trachyspermus, Ell.) — Waste places. April and May. — Stems erect, branching from the base, 6'- 12' high. Leaves rarely 1' wide. 3. R. muricatus, L. Nearly smooth ; lower leaves 3-lobed, crenate ; petals 5, longer than the calyx ; achenia pointed with the broad, straight style, broadly margined. — Waste places around Charleston (Elliott). March- April. Introduced. — Stem 12' - 18' high. * * Achenia smooth : chiefly perennials. ->— Leaves undivided. 4. R. alismssfolius, Geycr. Smooth ; stems ascending, rooting at the lower joints ; leaves lanceolate, acute, denticulate or entire ; petals longer than the calyx ; achenia in globose heads, tumid, slender-beaked. (R. Flammtila, Ell. &c.) — Muddy banks and ditches, chiefly in the upper districts. May- July. — Stems 1° - 2° long. Leaves 2' - 4' long. Flowers 3" - 5" wide. 5. R. pusillus, Poir. Smooth ; stems several, erect ; lowest leaves ovate or roundish, the others lanceolate or linear, entire or denticulate ; flowers mi- nute ; petals 1-5, as long as the calyx ; achenia in globular heads, barely pointed. (R. oblongifolius, Ell., a broader-leaved form.) — Muddy banks, Geor- gia to North Carolina and westward. March and April. — Stem 6' -12' high. Leaves 1' long. Flowers 2" wide. Stamens 5-9. •<- -i- Leaves (at least those of the stem) ternately lobed or divided. ++ Petals small, not exceeding the calyx. 6. R. abortivus, L. Smooth ; lowest leaves orbicular, cordate, undivided, crenate, those of the stem 3 - 5-parted, with wedge-shaped toothed divisions ; the uppermost sessile, 3-parted ; petals shorter than the calyx ; achenia in glo- bose heads, pointed with a very short recurved beak. — Low grounds. "March and April. — Stem 1° - 1 £° high. 8 RANUNCULACE^E. (CROWFOOT FAMILY.) 7. B. recurvatus, Poir. Hirsute ; leaves all pctioled, 3 - 5-lobed ; the lobes wedge-shaped, sharply toothed ; petals minute, shorter than the calyx. ; achenia in globose heads, pointed with a long and slender recurved beak. — Low grounds. April and May. — Stem 1° - 2° high. 8. B. sceleratus, L. Smooth ; leaves 3-parted, with the divisions wedge- shaped, obtusely lobed and toothed ; the uppermost sessile ; petals as long as the calyx ; achenia in oblong or cylindrical heads, pointless. — Ditches and swamps, Charleston (Elliott). Introduced from Europe. April and May. — Stems thick, 1° high. 9. B. Pennsylvanicus, L. Hirsute ; leaves temate ; leaflets long- stalked, 3-parted, the divisions lanceolate, acutely lobed and toothed ; petals shorter than the calyx ; achenia in oblong heads, pointed with a broad straight beak. — Low grounds in the upper districts. June. — Stem 2° - 3° high. Pe- tioles elongated, very hairy. •w- -w- Petals much larger than the calyx : achenia in globose heads. 10. B. Purshii, Richardson. Stem floating ; immersed leaves divided into very numerous capillary segments, cmersed ones reniform, 3 - 5-parted, the lobes variously divided ; sepals reflexed ; achenia pointed with a short straight beak. — In still water, North Carolina and northward. May -July. — Stems 2° -4° long. 11. B. repens, L. Smooth or hairy ; leaves ternate, or the earliest ones 3-lobed ; leaflets 3-lobed, toothed ; achenia strongly margined, pointed with the broad and straight or slightly-curved beak ; stems erect or prostrate, often bear- ing long runners. — Rich soil, chiefly in the upper districts. Var. y in the river swamps of the low country. March and April. Var. /S. hispidus. Hirsute; stem erect; leaves ample; peduncles long, with the hairs appressed. (R. hispidus, MX. R. Marilandicus and tomentosus, Poir: the latter a form with softer pubescence.) Var. y. nitidus. Smooth or nearly so; stem prostrate (l°-2°long); leaves and flowers smaller. (R. nitidus, MM.) 12. B. palmatUS, Ell. Hirsute with appressed hairs ; leaves small (!' wide), ternate or 3-parted, with the divisions ovate, sparingly toothed, those of the upper leaves lanceolate and entire ; achenia strongly margined, straight-beaked. (R. Carolinianus, DC.) — Swamps in the pine barrens, Middle Florida to South Carolina, rare. — April and May. Stems 1° high. 13. B. bulbosus, L. Hairy; stem erect (1°-1\|° high) from a bulb-like base ; leaves ternate ; leaflets 3-parted, with toothed lobes ; those of the upper leaves lanceolate, entire ; flowers large (lf wide) ; achenia pointed with a short recurved beak. — Low grounds in the upper districts. Introduced. May. 14. B. acriS, L. Hairy; stem tall (2° -3°), branched above; leaves 3-parted, the divisions deeply cut into three wedge-shaped or lanceolate, acutely- toothed lobes ; the uppermost 3-parted, with linear entire lobes ; achenia pointed with a short recurved beak. — Low waste places, sparingly introduced from Europe. RANUNCULACE^E. (CROWFOOT FAMILY.) 9 9. CALTHA, L. MARSH MARIGOLD. Sepals 4-10, regular, flat, colored, imbricated in the bud, deciduous. Petals none. Stamens numerous; filaments filiform. Ovaries 5-15, many-ovuled. Stigma sessile. Follicles capitate or whorled, sessile, spreading, many-seeded. Perennial, smooth herbs, with cordate or reniform undivided leaves, and showy yellow flowers. 1. C. palustris, L. var. parnassifolia, Ton-. $• Gr. Stem 1-leaved, 1 -flowered; radical leaves long-petioled, broadly reniform, sharply toothed ; se- pals oblong. (C. ficarioides, Pursh.) — Cedar swamps, South Carolina (Pursh), Tennessee, and northward. 10. ISOPYBUM, L. Sepals 5 - 6, regular, ovate, colored, imbricated in the bud, deciduous. Petals 5 and minute, or none. Stamens numerous. Ovaries 2-20. Ovules few or many, in 1 - 2 rows. Style short, subulate. Follicles sessile, membranaceous. Seed horizontal. — Perennial, smooth herbs, with alternate compound leaves, and solitary white flowers. 1. I. biternatum, Torr. & Gr. Stem (6' -12' high) slender, sparingly branched ; radical leaves biternate, on long petioles ; stem-leaves ternate, nearly sessile ; leaflets ovate and obovate, obtusely 3-lobed ; petals none ; ovaries 1 - 5 ; follicle 2-seeded. (Enemion biternatum, Raf.) — Shady woods, West Florida and westward. April. — Root commonly bearing small tubers. The plant re- sembles Thalictrum anemonoides in general appearance. 11. AQUILEGIA, L. COLUMBINE. Sepals 5, regular, ovate, colored, imbricated in the bud, deciduous. Petals 5, prolonged downward into hollow spurs. Stamens indefinite. Filaments filiform, elongated. Ovaries 5, many-ovulcd. Follicles sessile, connivent, many-seeded, tipped with the elongated, filiform, persistent styles. Seeds horizontal. — Erect, perennial, branching, leafy herbs, with alternate ternatcly-compound leaves ; those of the root long-petioled. Flowers showy, nodding, solitary, or somewhat corymbed. 1. A. Canadensis, L. Stems 2° high, smooth or slightly pubescent ; radical leaves biternate, stem-leaves ternate, short-petioled ; leaflets roundish or obovate, crenately lobed ; flowers scarlet, yellow within ; stamens and styles exserted. — Rocky woods, West Florida and northward in the upper districts. April and May. 12. DELPHINIUM, L. LARKSPUR. Sepals 5, irregular, colored, imbricated in the bud, deciduous ; the outermost larger, and produced backward into a hollow spur ; the others flat. Petals 4, dissimilar ; the two upper with spurs which are received in the spur of the sepal, the two lower stalked ; sometimes (as in the annual Larkspur) all united. Stamens numerous, included ; filaments subulate. Ovaries 1-5, 1 -celled, many- 10 KANUNCULACF^E. (CROWFOOT FAMILY.) ovulcd. Style subulate. Follicles sessile, short-pointed. Seeds in two rows, horizontal. — Erect herbs, with alternate petioled and palmately divided leaves, and showy flowers in terminal racemes or panicles. 1. D. azureum, Michx. Stem mostly simple, downy; leaves 3 - 5-parted, the divisions cleft into 3 - 5-linear, toothed or entire, acute lobes ; racemes many- flowered ; pedicels and follicles erect ; spur slightly curved, twice as long as the calyx. (D. virescens, Nutt., with wider-lobed leaves, and larger greenish flow- ers.)— Rich soil, Florida and northward. May. U- — Stems l°-2° high. Leaves 2' - 3' wide. Sepals sky-blue, or sometimes whitish, tipped with brown. Lower petals 2-cleft, bearded. 2. D. tricorne, Michx. Stem simple, downy ; leaves as in No. 1 ; ra- ceme few-flowered ; pedicels and follicles diverging ; spur straight, as long as the calyx. — Mountains of North Carolina and northward. April and May. 1J. . — Root tuberous. Stems 1° high. Raceme 6 -12-flowered. Sepals blue. Lower petals' 2-cleft and bearded. 3. D. exaltatum, Ait. Stem tall, branching and hairy above; leaves large, the lower 3 - 5-parted, the divisions cleft into 2-3-lanceolate or oblong coarsely-toothed lobes, the upper 3-parted with sparingly toothed or entire lobes ; racemes many-flowered ; pedicels diverging ; follicles erect ; spur straight, rather longer than the calyx. — Mountains of North Carolina and northward. June- August. 1J.. — Stem 2° - 4° high. Leaves 4' -6' wide. Sepals blue. Lower petals 2-cleft and bearded, brownish. D. CONSOLIDA, L., the common annual Larkspur of the gardens, is becom- ing naturalized in some places. 13. ACONITUM, L. MONKSHOOD. WOLFSBANE. Sepals 5, irregular, colored, imbricated in the bud, deciduous ; the outermost large and helmet-shaped, the two lateral rounded, the lower smaller and oblong. Petals 2 or 5, the two upper long-stalked, produced backward into a short in- curved spur, the three lower minute or wanting. Stamens numerous ; filaments short, subulate. Ovaries 3-5, 1 -celled, many-ovuled. Style subulate. Follicles sessile, short pointed. Seed horizontal, rugose. — Erect or trailing, perennial herbs, with alternate, palmately divided leaves, and showy flowers in terminal racemes or panicles. 1. A. uncinatum, L. Stem smooth, vine-like, erect; leaves 3-5-cleft, with the lobes ovate-lanceolate, coarsely toothed ; raceme few-flowered ; flowers large, blue ; upper sepal helmet-shaped. — Shady banks of streams among the mountains and northward, rare. June and July. — Stem 2° - 6° long. Leaves rather rigid. 2. A. reclinatum, Gray. Stem smooth, reclining ; leaves deeply 3-7- clcft ; the lobes cuneate, acutely toothed ; racemes numerous, few - many-flow- ered, flowers white ; upper sepal elongated-conical, soon becoming horizontal. — High mountains of North Carolina. July and August. — Stems 4° - 8° long. Leaves thin. RANUNCULACE^E. (CROWFOOT FAMILY.) 11 14. ZANTHORHIZA, Marshall. Sepals 5, regular, lanceolate-ovate, colored, imbricated in the bud, deciduous. Petals 5, small, gland-like, 2-lobed, short-stalked. Stamens 5-10: filaments short. Ovaries 5-10, 1-celled, 2-ovuled. Style subulate, incurved, at length dorsal. Follicles sessile, gibbous. Seed solitary, pendulous. — A smooth trailing shrub with yellow roots. Leaves pinnate, long-petioled. Leaflets 3-5, ovate and lanceolate-ovate, incisely lobed and toothed from near the acute base. Flowers small, in slender compound racemes, appearing before (below) the leaves, dark purple. 1. Z. apiifolia, L'Her. — Shady banks, Florida, and along the mountains of Georgia and northward. March and April. — Stems 2° -3° high. 15. HYDBASTIS, L. Sepals 3, ovate, membranaceous, colored, imbricated in the bud, caducous. Petals none. Stamens numerous: filaments filiform. Ovaries 12-20, fleshy, 1-celled, 2-ovuled, ripening into 1-2-seeded, capitate, bright crimson berries. Style short. Stigma 2-lipped. — Stem erect from a thick, knotted rhizoma, simple, 1-flowered, leafy above. Leaves broadly cordate, palmately 5-7 cleft, the lobes toothed and sen-ate ; radical one solitary, long-petioled. Stem-leaves 2-3, the uppermost sessile under the stalked, greenish- white flower. 1. H. Canadensis, L. — Rich shaded soil along the mountains of Georgia and Carolina, and northward. April and May. — Stem 1° high. Leaves 4' -9' wide, hairy when young. 16. ACTJEA, L. BANEBEREY. Sepals 3 - 5, ovate, colored, imbricated in the bud, caducous. Petals 4 -10, spatulate, entire. Stamens numerous ; the filaments filiform. Ovary solitary, 1-celled, becoming a many-seeded berry in fruit. Stigma sessile, 2-lobcd. Seed horizontal. — Perennial herbs. Stems simple, bearing one or two twice or thrice ternately compound leaves, and a single oval or oblong raceme of small white flowers. 1. A. alba, Bigel. Smooth, or nearly so ; leaves large, 2 - 3-ternate ; leaf- lets thin, ovate or cordate-ovate, acutely toothed ; pedicels of the fruit very thick, red ; berry white. (A. pachypoda, Ell.) — Rocky woods along the mountains of South Carolina (Elliott), and northward. May. — Plant 2° high. 17. CIMICIPUGA, L. BUGBANE. Sepals 4-5, ovate or orbicular, colored, imbricated in the bud, caducous. Petals 1-8, small, stalked, 2-lobed. Stamens very numerous: filaments fili- form, elongated. Ovaries 1-8, 1-celled, becoming many-seeded follicles in fruit. — Perennial herbs, with large temately compound leaves, and white flowers in elongated slender racemes. * Ovary mostly single: stigma large, depressed: seeds horizontal, smooth. 1. C. racemosa, Ell. (BLACK SNAKEROOT.) Leaves thrice ternate; leaflets ovate or ovate-lanceolate, sharply serrate, the terminal ones mostly 12 MAGNOLIACE^S. (MAGNOLIA FAMILY.) 3-lobed ; racemes elongated, downy ; follicle broadly ovate, sessile. — Woods in the upper districts and northward. July. — Stem 3° - 8° high. Leaflets 2' long. Racemes 6' - 12' long. Flowers fetid. * * Ovaries 3 - 8 : stigma minute : seeds vertical, chaffy. 2. C. COrdifolia, Pursh. Leaves twice ternate ; leaflets rigid, ovate or cordate-ovate, 2 - 3-lobed, incised and serrate ; racemes panicled, elongated ; follicles oblong, sessile. — Mountains of North Carolina. September. — Stem 3° -4° high. (») 3. C. Americana, Michx. Leaves thrice ternate ; leaflets thin, ovate, incisely toothed and serrate, the terminal one 3-cleft or 3-parted ; racemes pani- cled, elongated; follicles obovate-oblong, slender-stalked. — Alleghany Moun- tains, from Georgia northward. August and Sept. — Stems 3° -4° high. ORDER 2. MAGNOLJACEJE. (MAGNOLIA FAMILY.) Aromatic trees or shrubs, with simple, alternate, petioled leaves, and regular, solitary, hypogynous flowers. Sepals and petals mostly simi- lar, imbricated in three or more rows in the bud. Stamens distinct or united. Anthers adnate. Ovaries numerous, imbricated or whorled, 1 - 2-ovuled. Fruit fleshy, baccate, or samara-like, distinct, or confluent in cone-like heads. Seed dry or baccate. Embryo minute, at the base of fleshy albumen. Synopsis* SUBORDER I. WINTEREJE. Flowers perfect. Stamens numerous, separate. Ovaries in a single whorl, 1-ovuled, becoming coriaceous follicles in fruit. — Erect shrubs. Leaves entire. Stipules none. 1. ILLICIUM. Leaves evergreen. Flowers nodding. SUBORDER II. SCHIZ ANDRE JE. Flowers monoecious. Stamens united. Ovaries im- bricated in a head, 2-ovuled, becoming scattered berries in fruit. — Climbing shrubs. Leaves deciduous, often toothed. Stipules none. 2. SCHIZANDRA. Stamens 5, united into a 5-lobed disk. SUBORDER III. MAGWOLiIEJE. Flowers perfect. Stamens numerous, separate. Ova- ries imbricated in a head, 2-ovuled. Fruit fleshy or somevrhat woody, in cone-like heads or spikes Chiefly trees. Leaves entire. Stipules large. 3. MAGNOLIA. Fruit fleshy, dehiscent, persistent on the receptacle. Anthers introrse. 4. LIRIODENDRON. Fruit woody, indehiscent, samara-like, deciduous. Anthers extrorse. 1. ILLICIUM, L. ANISE-TREE. Flowers perfect. Sepals 3 or 6. Petals 9-30, in rows of three, spreading. Stamens numerous, with short filaments. Anthers introrse. Ovaries 6 or more in a single whorl, sessile, 1-celled, 1-ovuled. Style subulate, recurved. Folli- cles coriaceous, spreading, at length 2-valved. Seed ascending. — Smooth anise- scented shrubs. Leaves evergreen, entire, mostly clustered at the summit of the branches, petioled. Stipules none. Peduncles in terminal clusters, 1 -flowered, nodding. MAGNOLIACE^E. (MAGNOLIA FAMILY.) 13 1. I. Ploridanum, Ellis. Leaves oblong-lanceolate, acuminate; petals 20-30, lanceolate and linear, widely spreading, dark purple. — Sandy swamps, Florida and westward. May. — Shrub 6° - 10° high. Leaves somewhat fleshy. Flowers flat, 1' in diameter. 2. I. parviflorum, Michx. Leaves lanceolate, acute ; petals 6-12, ovate or roundish, concave, yellow. — Southern districts of Georgia and East Florida. May and June. — Flowers smaller than in No. 1. 2. SCHIZANDRA, Michx. Flowers monoecious. Sepals 5-6, ovate, concave, greenish. Petals 5-6, obovate-oblong, crimson. Stamens 5 : filaments united, forming a circular, 5- lobed disk : anther-cells widely separated. Ovaries numerous, 1 -celled, 2-ovuled, imbricated in a head, in fruit forming 1 - 2-seeded berries, which are scattered on the greatly elongated filiform receptacle. — A climbing shrub ; with alternate, oblong, membranaccous, deciduous leaves, and small long-peduncled flowers, from axillary buds. Stipules none. 1. S. COCCinea, Michx. Leaves acuminate, long-petioled,3'-4'long, often somewhat toothed ; uppermost flowers mostly staminatc ; berries oval, red. — Shady woods, Florida to South Carolina and westward. May and June. — Stem climbing high. 3. MAGNOLIA, L. UMBRELLA-TREE. CUCUMBER-TREE. Flowers perfect. Sepals 3, caducous. Petals 6-9, concave, spreading, de- ciduous. Stamens very numerous : anthers introrse. Ovaries numerous, im- bricated, 1 -celled, 2-ovuled, forming in fruit a cone-like head of fleshy, 2-seeded, persistent follicles, opening on the back. Seeds berry-like, suspended by a slender cord of spiral vessels. — Aromatic trees or shrubs. Leaves alternate or clustered at the summit of the branches. Flowers large, solitary, terminal. Stipules large, adnate to the petiole, at length deciduous. * Leaves perennial. 1. M. grandiflora, L. (MAGNOLIA.) Leaves coriaceous, oblong, or ob- ovate, smooth and glossy above, rusty-pubescent beneath, flat or concave ; petals mostly 9, obovate, concave, clawed. — Light fertile soil in the middle and lower districts, South Carolina and westward. April and May. — A large tree. Leaves 6' -12' long. Flowers 6' -9' wide, white, changing to brown. Cone of fruit oval, 3' -4' long. 2. M. glauca, L. (SWEET BAY.) Leaves coriaceous, lanceolate and oblong, silky-pubescent, at length smooth above, glaucous beneath; petals 9, obovate, concave. — Swamps, Florida and northward. May and June. — A shrub or small tree. Leaves mostly deciduous northward, 4' - 6' long. Flowers 2' wide, white, very fragrant. Cone of fruit oval, 1'- 1^' long. * * Leaves deciduous, acute at the base. 3. M. Umbrella, Lam. Leaves clustered at the summit of the branches, obovate-oblong, acute, downy beneath, at length smooth ; petals 9, oblong-lan- 2 14 ANONACE^E. (CUSTARD-APPLE FAMILY.) ceolate, acute. (M. tripetala, Michx. ) — Rich s6il in the upper districts. May and June. — A small tree, with irregular branches. Leaves l°-l£° long, on short petioles. Flowers 4' - 6' wide, white. Cone of fruit oblong, 4' - 6' long, rose-colored. 4. M. acuminata, L. Leaves scattered, oval, acuminate, downy beneath; petals 6-9, oblong-ovate, obtuse. — Upper districts, in rich shaded soil. June and July. — A large tree. Leaves 6' - 9' long. Flowers 3' - 4' wide, dull yellow and greenish. Cone of fruit cylindrical, 2' - 3' long. * * * Leaves deciduous, auriculate or cordate at the base. 5. M. cor data, Michx. Leaves oval or roundish, slightly cordate, acute, white-downy beneath; petals 6-9, oblong, acute. — Upper districts in rich shaded soil. April and May. — A small tree. Leaves 4' - 6' long. Flowers 4' - 5' wide, yellow. Cone of fruit oblong, 3' long. 6. M. Praseri, Walt. Leaves clustered at the summit of the branches, spatulate-obovate, smooth on both surfaces, cordate and 2-eared at the base, on slender petioles ; petals oblong, obtuse, narrowed and unguiculate at the base. (M. auriculata, Lam. M. pyramidata, Bartr.) — Rich woods, Florida to Ten- nessee and westward. May and June. — A small tree. Leaves 8' -12' long. Flowers 6' wide, white and fragrant. 7. M. macrophylla, Michx. Leaves clustered at the summit of the branches, oblong-obovate, cordate or slightly eared at the base, glaucous be- neath ; petals oblong, obtuse, the inner row narrower. — Shady woods in light soil, Florida to Tennessee : rare. April and May. — A shrub or small tree. Leaves l^°-3° long. Flowers 8' -12' wide, white, fragrant. Cone of fruit ovate. 4. LIRIODENDHON, L. TULIP-TREE. WHITE POPLAR. Flowers perfect. Sepals 3, reflexed. Petals 6, erect. Stamens numerous: anthers extrorse. Ovaries numerous, imbricated, 1 -celled, 2-ovuled, forming in fruit a cone-like head of samaraform, indehiscent, 1 -2-seeded, deciduous carpels. •- A large tree. Leaves angled, truncated. Stipules large, free from the petiole, deciduous. Flowers large, terminal. 1. L. Tulipifera, L. Leaves smooth, on slender petioles, mostly rounded at the base, somewhat 3-lobed ; the middle lobe appearing as if cut off, leaving a shallow notch; flowers bell-shaped, greenish-yellow, striped or tinged with orange. — Low grounds, Florida and northward. May - June. ORDER 3. ANONACEJS. (CUSTARD-APPLE FAMILY.) Trees or shrubs, with simple, alternate and entire, feather-veined leaves, and solitary, axillary, perfect, hypogynous flowers. Sepals 3. Petals 6, in two rows, deciduous, valvate in the bud. Stamens numerous. An- thers adnate, extrorse, on very short filaments. Ovaries few or many, MENISPERMACEjE. (MOONSEED FAMILY.) 15 distinct or cohering in a mass, baccate in fruit. Seed anatropous, large. Embryo minute, at the base of ruminated albumen. 1. ASIMINA, Aclans. TAPAW. CUSTARD- APPLE. Petals thick ; the three outer ones larger and spreading. Stamens very nu- merous, crowded on the globular receptacle. Ovaries 3- 15, sessile, 1 -celled, few-many-ovuled, baccate in fruit. Seeds horizontal, enclosed in a thin succu- lent aril. — Shrubs or small trees. Leaves deciduous. Flowers nodding. Flowers appearing with or before the leaves. 1. A. triloba, Dunal. Leaves oblong-obovate, acuminate, covered with a rusty pubescence, as also the branches when young, at length glabrous ; outer petals round-ovate, dark purple, 3-4 tunes as long as the hairy sepals. (Uvaria triloba, Tarr.fr Gray.) — Banks of rivers, Florida and northward. March and April. — A shrub or small tree. Leaves 8' -12' long. Flowers !'-!£' wide. Fruit oblong, yellow and pulpy when mature, edible. 2. A. parviflora, Dunal. Leaves oblong-obovate, abruptly pointed, and like the branches rusty-pubescent, at length smooth ; outer petals oblong-ovate, twice as long as the calyx. (Uvaria parviflora, Tarr. fr Gray. ) — Dry sandy soil, Florida to North Carolina and westward. March and April. — Shrub 2° - 5° high. Leaves 4' - 6' long, thicker than those of the preceding. Flowers $ wide, rusty-pubescent, greenish-purple. Fruit oblong or pear-shaped, fleshy, few- 3. A. grandiflora, Dunal. Leaves oblong or oblong-obovate, obtuse, rigid, densely pubescent like the branches when young, becoming smoothish above ; outer petals large, round-obovate, many times longer than the sepals ; fruit small, obovate, 1 - few-seeded. (A. cuneata, Shuttl.) — Sandy pine barrens, Georgia and East Florida. March and April. — A small shrub. Leaves 2' -3' long. Outer petals two inches or more in length, yellowish-white. * * Flowers from the axils of present leaves. 4. A. pygmsea, Dunal. Smooth or nearly so throughout ; leaves coria- ceous, oblanceolate or oblong-wedge-shaped, obtuse ; outer petals oblong-obo- vate, many times longer than the sepals, pale-yellow, the inner ones purple within ; fruit cylindrical, pulpy, few-seeded. (A. secundiflora and probably A. reticulata, Shuttl , the latter a pubescent form, with smaller (!' - 2') oblong leaves and smaller flowers.) — Dry pine barrens, Florida and the lower districts of Georgia. May - July. — Shrub ^° - 3° high. Leaves 2' - 6' long, rarely 1 ' wide. Flowers \|'-3' wide. ORDER 4. MENISPERMACE^E. (MOONSEED FAMILY.) Climbing shrubby vines, with alternate palmately veined and often lobed leaves, on slender petioles, and small polygamous or dioecious flow- ers, in axillary racemes or panicles. Stipules none. Sepals and petals mostly alike, in two or more rows, imbricated in the bud. Stamens 6 or 1C BERBERIDACEJE. (BARBERRY FAMILY.) more, hypogynous. Anthers 2-4-celled, opening longitudinally. Ova- ries 3 -8, drupaceous in fruit. Seed and embryo curved, the latter large, in thin albumen. Synopsis. 1. COCCULUS. Sepals, petals, and stamens 6- Anthers 4-celled. 2. MENISPERMUM. Sepals and petals 4-8. Stamens 12-24. Anthers 4-celled. 3. CALYCOCARPUM. Sepals 6. Petals none. Stamens 12. Anthers 2-celled. 1. COCCULUS, DC. Flowers dioecious or polygamous. Sepals and petals 6, each in two rows. Stamens 6 : anthers 4-celled, abortive in the fertile flower. Ovaries 3-6, 1-celled, 1-ovulcd. Stigma subulate, recurved. Drupe baccate, campy lotropous. Nut reniform, rugose. -Seed conformed to the cavity of the nut. Embryo semi- circular. — Leaves ovate or slightly cordate, entire or angularly 3-lobed. 1. C. Carolinus, DC. — Woods and thickets, Florida to North Carolina, and westward. June -August. — Pubescent. Stem twining, 10° -15° long. Leaves very acute, rather rigid. Kacemes of the fertile flowers simple, of the sterile compound. Flowers white. Drupe red. 2. MENISPERMUM, L. MOONSEED. Flowers dioecious. Sepals and petals 4-8. Stamens 12-24: anthers 4-celled. Ovaries 2-4. Stigma dilated, spreading. Otherwise as in Cocculus. — Leaves rounded, angular or lobed, slightly cordate and peltate at the base. Flowers white, panicled. .1. M. Canadense, L. — Banks of rivers, chiefly in the upper districts. July. — Stem twining. Sterile panicles elongated. Drupe black. 3. CALYCOCARPUM, Nutt. Flowers dioecious. Sepals 6. Petals none. Stamens 12 : anthers 2-celled ; those of the fertile flower abortive. Ovaries 3, 1-ovulcd. Stigma radiate, many- cleft. Drupe oval. Nut smooth, excavated on the inner face. Embryo curved, foliaceous. — Leaves round-cordate in outline, palmately 3 - 5-lobed. Flowers whitish, in compound racemes. 1. C. Lyoni, Nutt. (Menispermum Lyoni, Pursh.) — Banks of the Apa- lachicola River, Florida, to Tennessee. May and June. — Pubescent. Stem twining 20° -50° high. Leaves 4' - 7' wide, with acuminate lobes, the lateral lobes wavy or angled. Drupe 1' long, globose. ORDER 5. BERBERIDACEJE. (BARBERRY FAMILY.) Herbs or shrubs, with alternate, petiolate, mostly divided leaves, and perfect, regular hypogynous flowers. Sepals and petals in two or more rows of 2 - 4 each, imbricated in the bud, deciduous. Stamens opposite BERBERIDACEJE. (BARBERRY FAMILY.) 17 the petals when of the same number. Anthers 2-celled, opening by up- lifted valves (or lengthwise in Podophyllum). Fruit baccate or capsular. Embryo in the axis of fleshy albumen. Synopsis. * Anthers opening by uplifted valves. 1. BERBERIS. Stamens 6. Leaves bristly-serrate. Shrubs. 2. CAULOPHYLLUM. Stamens 6. Leaves compound. Herb. 3. DIPHYLLEIA. Stamens 6. Leaves peltate, deeply 2-cleft and lobed. Herb. 4. JEFFERSONIA. Stamens 8. Scape 1-flowered. Leaves 2-parted. Herb. * * Anthers opening longitudinally. 5. PODOPHYLLUM. Stamens 12 or more. Flower solitary in the fork of the two peltate, lobed leaves. 1. BERBERIS, L. BARBERRY. Sepals 6, orbicular. Petals 6, obovate, often biglandular near the base. Stamens 6, irritable. Stigma circular, depressed. Fruit a 1 - 9-seeded berry. Seeds erect. — Shrubs with yellow wood. Leaves bristly serrate, often reduced to branching spines. Flowers racemose, yellow. Berries acid. 1. B. Canadensis, Pursh. (AMERICAN BARBERRY.) Smooth, spiny; leaves obovate, bristly-serrate ; racemes nodding, 6 - 8- flowered ; petals notched ; berries oval, red. — Tipper districts of Georgia and northward. May and June. — .Shrub 2° -3° high, with dotted branches. 2. CAULOPHYLLUM, Michx. BLUE COHOSH. Sepals 6, ovate-oblong. Petals 6, thick and gland-like, shorter than the se- pals. Stamens 6. Style short. Stigma minute, unilateral. Ovary thin, early ruptured by the two growing seeds, withering. Seeds globose, drupe-like, stalked. Albumen horny. — A smooth perennial herb, with large ternately-compound leaves, and small yellowish-green flowers in a terminal raceme or panicle. 1. C. thalictroides, Michx. (Leontice thalictroides, L.) — Mountains of South Carolina (Elliott) and northward. April. — Plant l°-2° high, glau- cous when young. Radical leaf 3-ternate, on a long petiole ; those of the stem (mostly two) sessile, the upper one biternate. Leaflets obovate-wedge-shaped, 2 - 3-lobed. Panicle few-flowered. Seeds glaucous. 3. DIPHYLLEIA, Michx. Sepals 6, caducous. Petals 6, oval, flat, larger than the sepals. Stamens 6. Stigma circular, depressed, slightly 2-lobed. Fruit baccate, 2 -4-seeded. Seeds erect. — A smooth perennial herb, with two large, alternate, peltate, deeply 2-cleft, lobed and serrate leaves, and a terminal cyme of white flowers. 1. D. cymosa, Michx. — Margins of streams on the mountains of North Carolina. May and June. — Stem l°-2° high. Leaves often 2° in diameter, the divisions 5 - 7-lobed. Berries blue. '2* 18 CABOMBACE^E. ( WATER-SHIELD FAMILY.) 4. JEFFERSONIA, Barton. TWIN-LEAF. Sepals 4, petal-like, caducous. Petals 8, oblong. Stamens 8. Stigma nearly sessile, 2-lobed. Capsule coriaceous, obovate, many-seeded, opening transversely on the back, near the summit Seeds numerous, furnished with a fleshy lacini- ated aril. — A low stemless perennial herb, with long-petioled, 2-partcd leaves, and naked scapes, bearing a single white flower. 1. J. diphylla, Pers. — Rich shady woods, Tennessee and northward. April. — Lobes of the leaves half-ovate, entire or toothed. Scapes 6' - 12' high. Flowers 1' wide. 5. PODOPHYLLUM, L. MAY-APPLE. Sepals 6, caducous. Petals 6-9, obovate. Stamens twice as many (in our species) as the petals. Anthers opening longitudinally. Stigma large, peltate, sessile. Fruit baccate, many-seeded. Seeds enveloped in a pulpy aril. — A low perennial herb, with the naked stem terminated by two large peltate, 5 - 9-parted, lobed and toothed leaves, with a solitary nodding flowef in the fork. 1. P. peltatum, L. (MANDRAKE.) — Rich woods, Florida and north- ward. April and May. — Stems 1° high, the barren ones terminated by a single centrally peltate leaf, smooth. Leaves 4' -6' wide. Flowers 1' wide, greenish. Berry l'-2' long, ovoid, yellow, fragrant. ORDER 6. NELUMBIACE^. (NELUMBO FAMILY.) Aquatic herbs, with large circular centrally peltate floating leaves, and solitary hypogynous flowers on long peduncles. Sepals and petals sim- ilar, in several rows, imbricated in the bud, deciduous. Stamens indefi- nite, the slender filaments prolonged above the linear, adnate, introrse anthers. Ovaries separate, 1 -celled, 1-ovuled, imbedded in the flat sum- mit of the large obconical torus, forming large globular nuts in fruit. Stigma nearly sessile, peltate. Seeds suspended. Embryo large. Al- bumen none. 1. NELUMBITJM, Juss. NELUMBO. Characters of the order. 1. N. luteum, Willd. (WATER CHINQUEPIN.) — Lakes and still water, Florida, near Tallahassee, and northward and westward. Not common. July. — Rhizoma large, creeping. Leaves l°-2° wide, depressed in the centre. Flowers 5' - 6' wide, pale yellow. Appendage of the anthers linear. ORDER 7. CABOMBACE^E. (WATER-SHIELD FAMILY.) Aquatic perennial herbs, with peltate or dissected leaves, and solitary hypogynous flowers on long axillary peduncles. Sepals 3-4, colored NYMPH^EACEJE. ( WATER-LILY FAMILY.) 19 inside. Petals 3-4, withering-persistent. Stamens 6-18 : anthers ad- nate, extrorse. Ovaries 2 -18. Ovules suspended. Capsule indehiscent, 1-3-seeded. Embryo minute, at the base of fleshy albumen. 1. CABOMBA, Aublet. Sepals and petals 3. Stamens 6. Ovaries 2-4. Capsule 1-3-seccled. — Stems filiform, branching. Submerged leaves opposite, divided into numerous filiform flattened segments ; floating ones peltate, entire. Flowers small, in the axils of the floating leaves. 1. C. Caroliniana, Gray. Floating leaves oblong-linear ; flowers white. (Nectris aquatica, Nutt.) — Ponds and still water, Florida to North Carolina, and westward. June - August. — Stems 2° - 4° long. 2. BRASENIA, Schrebcr. WATER-SHIELD. Sepals 3-4, purple inside. Petals 3-4, linear, persistent. Stamens 12 - 18 : anthers cxsertecl. Ovaries 4-18. Capsule 1-2-seeded. — Leaves all peltate and entire, alternate, oval, on long petioles. Flowers axillary, on elongated peduncles, dull purple. 1. B. peltata, Pursh. (Hydropeltis purpurea, Miclix.) —Ponds and slow- flowing streams, Florida and northward. July. — Stem, petioles, and lower surface of the leaves coated with a gelatinous, viscid exudation. Leaves 2' -3' wide. ORDER 8. NYMPIOEACE^E. (WATER-LILY FAMILY.) Aquatic herbs, with peltate or cordate, entire, floating leaves, and soli- tary white or yellow flowers on long peduncles. Sepals 4-6, colored inside. Petals numerous, hypogynous or perigynous, imbricated in tho bud. Stamens numerous. Ovary many-celled. Ovules numerous, in- serted on the partitions. Stigmas radiate or peltate. Fruit baccate, many-seeded. Embryo included in a sac at the extremity of farinaceous albumen. Toum. WATER-LILY. i Sepals 4, green outside. Petals oblong, inserted into the thin torus which envelops the ovary, the inner ones passing into stamens. Stamens numerous, inserted above the petals, the outer ones petal-like : anthers adnate, introrse. Ovary many-celled. Stigmas as many as the cells, linear, radiating around a globular central gland. Berry globose. Seed enclosed in a membranaceous aril. — Leaves orbicular, cleft at the base to the centre, floating. Flowers on elongated, often spiral peduncles. 1. "N. odorata, Ait. (POND-LILY.) Rhizoma large, creeping; leaves 6' -12' wide, entire, the sinus narrow and the lobes acute, or else with an open 20 SARRACENIACE^E. (PITCHER-PLANT FAMILY.) sinus and obtuse lobes. (N. reniformis, Walt.) — Ponds and still water, Florida and northward. May- June. — Flowers white, 2'- 4' wide, fragrant, expanding in the morning. Petioles and peduncles occasionally villous. 2. NUPHAR, Smith. YELLOW WATER-LILY Sepals 5-6, obovate, yellow. Petals 10-20, stamen-like, hypogynous. Sta- mens numerous, at length recurved, -persistent. Ovary cylindrical, many-celled. Stigma sessile, circular. Berry oblong. Seeds smooth, without arils — Leaves cordate or sagittate, floating or erect. Flowers yellow, erect 1. "N. advena, Ait. (BONNETS. SPATTER-DOCK.) Leaves thickish, cordate, smooth or downy beneath, often emcrscd and erect, on stout petioles ; sepals 6, the outer ones rounded ; petals numerous, thick and fleshy, truncate. — In still water, common, flowering through the summer. 2. N. sagittsefolia, Pursh. Leaves thin, floating, on slender petioles, ob- long, sagittate, smooth ; lobes at the base expanding ; sepals 6 ; petals trans- formed into stamens. — In still water near the coast, Georgia to North Carolina ; rare. Juno- August. — Leaves 1° long, 2' wide. ORDER 9. SARRACENIACE^E. (PITCHER-PLANT FAMILY.) Perennial marsh herbs, with hollow pitcher or trumpet-shaped leaves, and a naked or bracted scape, bearing few or solitary nodding hypogynous flowers. Sepals 5, colored, persistent. Petals 5, imbricated in the bud, deciduous, rarely wanting. Stamens numerous : anthers adnate, introrse. Ovary 5-celled, many-ovuled. Placentae central. Style single, 5-cleft, or umbrella-shaped. Capsule 5-celled, many-seeded. Embryo minute at the base of fleshy albumen. 1. SARRACENIA, L. TRUMPET-LEAF. SIDE-SADDLE FLOWER. Calyx 3-bracted. Petals obovate, drooping or incurved. Style umbrella- shaped, 5-angled ; the angles emarginate, and bearing the minute hooked stig- mas beneath. Capsule globose, rough, loculicidally 5-valved. — Scape bractless, 1 -flowered. Flowers large, purple or yellow. Leaves 1 -winged, hairy within, and usually containing water and dead insects. * Flowers purple. 1. S. purpurea, L. (HUNTSMAN'S CUP.) Leaves short, spreading, the tube inflated, contracted at the throat, broadly winged ; lamina reniform, erect, hairy within, often purple-veined. — Mossy swamps, Florida and northward. April and May. — Leaves 4' - 6' long. Scapes 1° high. 2. S. Psittacina, Michx. (PARROT-BEAKED PITCHER-PLANT.) Leaves short, spreading ; tube slender, broadly winged, marked with white spots, and reticulated with purple veins ; lamina globose, inflated, incurved-beaked, almost closing the orifice of the tube. — Pine barren swamps, Florida and Georgia. April and May. — Leaves 2' - 4' long. Scapes 1° high. PAP AVERAGES. (POPPY-FAMILY.) 21 3. S. rubra, Walt. (RED-FLOWERED TRUMPET-LEAP.) Leaves elon- gated, erect, slender, narrowly winged, paler above, and reticulated with purple veins; lamina ovate, erect, beak-pointed, tomentosc within; flowers reddish- purple. — Sandy swamps in the middle districts, Georgia to North Carolina and westward. May. — Leaves 10'- 18' long, shorter than the scapes. 4. S. Drummondii, Groom. Leaves elongated, erect, trumpet-shaped, narrowly winged ; lamina erect, rounded, short-pointed, hairy within, and like the upper portion of the tube white, variegated with reticulated purple veins. — Pine barren swamps, Florida to the middle districts of Georgia and westward. April. — Leaves 2° long. Scapes longer than the leaves. Flowers 3' wide. # * Flowers yellow. 5. S. flava, L. (TRUMPET-LEAF. WATCHES.) Leaves large, erect, trumpet-shaped, narrowly winged ; lamina yellow, erect, orbicular, slender- pointed, tomentose within, reddish at the base, or reticulated with purple veins. — Low pine barrens, Florida to North Carolina and westward. April and May. — Leaves yellowish, 2° long. Lamina 3' - 4' wide. Scapes as long as the leaves. Flowers 4'- 5' wide. 6. S. variolaris, Michx. (SPOTTED TRUMPET-LEAF.) Leaves erect, trumpet-shaped, broadly winged, spotted with white near the yellowish summit ; lamina ovate, concave, arching over the orifice of the tube, hairy and reticulated with purple veins within. — Low pine barrens, Florida to North Carolina and westward. May. — Leaves 6' -12' long, longer than the scapes. Flowers 2' wide. ORDER 10. PAPAVERACE^E. (POPPY-FAMILY.) Herbs with colored juice, alternate exstipulate leaves, and solitary hy- pogynous flowers. Sepals 2-3, caducous. Petals 4-12, imbricated in the bud, deciduous. Stamens numerous. Anthers introrse. Ovary 1-celled, with parietal placentas. Capsule many-seeded. Embryo mi- nute, at the base of oily or fleshy albumen. 1. ARGEMONE, L. MEXICAN POPPY. Sepals 2-3, hooded or horned. Petals 4-8. Stigmas 4-7, free, radiate. Capsule oblong-obovate, hispid, opening at the summit by 3 - 6 valves, which separate from the filiform persistent placentae. Seeds globular, crested, pitted. — Glaucous herbs with yellow juice, sessile, pinnatifid, bristly leaves, and showy white or yellow flowers. 1 . A. Mexicana, L. Annual ; leaves pinnatifid-lobed, bristly and prickly, blotched with white ; flowers white or yellow ; calyx bristly. — Waste places, apparently native in South Florida. April and May. — Stem branching, l°-2° high. 22 FUMARIACE.E. (FUMITORY FAMILY.) 2. SANGUINARIA, L. PUCCOON. BLOOD-ROOT. Sepals 2. Petals 8-12. Stigmas 2. Capsule 2-valved, the valves separat- ing from the filiform persistent placentae. Seeds crested — A stemless peren- nial herb, with orange-colored juice. Rhizoma thick. Leaves reniform, with 5-7 wavy or toothed lobes. Flowers white, solitary at the summit of the naked scape, fugacious. 1. S. Canadensis, L, — Rich woods, Florida and northward. March.— Scape 4' - 6' high. Flowers 1' wide, appearing with the leaves. The CORN-POPPY (PAPAVER DUBIUM, L.) is occasionally met with in grain fields and around dwellings. ORDER 11. FUMARIACEJS. (FUMITORY FAMILY.) Smooth herbs with watery juice, alternate compound dissected leaves, without stipules, and irregular flowers. Sepals 2. Petals 4 ; the two outer or one of them spurred or gibbous at the base ; the two inner callous at the apex, and cohering over the stigma. Stamens 6, commonly united in two sets of three each, placed opposite the outer petals, hypogynous : anther of the middle stamen 2-celled, of the lateral ones 1-celled. Capsule 1-celled and 2-valved, with two parietal placentae, or 1-seeded and indehiscent. Embryo minute in fleshy albumen. Synopsis. 1. ADLTJMIA. Petals united, persistent. — A tender vine. 2. DTCENTRA. Petals connivent, deciduous ; the two outer ones gibbous at the base. - Stem- less herbs. 3. CORYDALIS. Petals distinct, deciduous, one of the outer ones gibbous at the base. — Caulescent herbs. 1. ADLUMIA, Raf. Sepals minute. Petals united, free at the summit ; the two outer ones gibbous at the base, withering-persistent. Capsule linear-oblong, 4- 8-seeded. Seeds reniform, not crested. Stigma 2-crested. — A smooth biennial vine. Leaves bi- ternate, with tendril-like petioles. Flowers pale violet, in axillary and drooping panicles. 1. A. Cirrhosa, Raf. (Corydalis fungosa, Vent. )— Mountains of North Carolina and northward. July - September. — Stem 8° -15° long. Leaflets thin, obovate, 2 - 3-lobed. Corolla thick and spongy. 2. DICENTRA, Bork. DUTCHMAN'S BREECHES. Sepals minute. Petals conniving, but scarcely united, deciduous or withering ; the two outer ones spurred or gibbous at the base. Filaments slightly united in two sets. Stigma 2-crested. Capsule 10-20-seeded. Seeds crested. — CKUCUTERJE. (MUSTARD FAMILY.) 23 Stemless perennial herbs, with ternately-compound and dissected leaves. Flow- ers racemose, nodding. 1. D. Cucullaria, DC. Rhizoma granular, bulb-like; scape simple, 4 - 10-fiowered, longer than the (1 -3) long-petioled linear-lobed leaves ; corolla whitish, with two divergent, wing-like spurs, longer than the pedicel ; inner petals minutely crested. — Rich woods, North Carolina and northward. April. — Scape 6' -9' high. 2. D. eximia, DC. Rhizoma granular, scaly ; raceme compound, many- flowered, shorter than the (3-8) oblong-lobed leaves ; corolla rose-color, 2-gibbous at the base ; inner petals conspicuously crested ; stigma 2-horned at the apex. — Mountain rocks, North Carolina and northward. June - September. — Scape 8' -12' high. Bracts purplish. 3. COBYDALIS, Vent. Sepals minute. Petals separate, deciduous ; one of the outer ones sac-like at the base. Filaments united nearly to the summit, with a gland at the base. Stigma 2-lobed. Capsule many-seeded. Seed crested. — Caulescent, annual or biennial herbs, with bipinnate dissected leaves, and flowers in lateral and termi- nal racemes. 1. C. aurea, Willd. Stems diffuse ; racemes simple ; capsule knotted, drooping ; crest of the seeds scalloped ; flowers yellow. — Banks of the Apa- lachicola River (and as an annual weed in gardens), Florida to Mississippi and northward. March .and April. — Stems 6' -12' long. Leaves finely dis- sected. 2. C. glauca, Pursh. Stems erect ; racemes compound ; capsule even, erect, crest of the seeds entire , flowers whitish, tinged with yellow and reddish. — Mountains of North Carolina and northward. May. — Plant glaucous, 1° - 2° high. Divisions of the leaves coarser than the last. ORDER 12. CRUCIFER^E. (MUSTARD FAMILY.) Herbs with pungejat watery juice, alternate exstipulate leaves, and reg- ular hypogynous racemose or corymbose flowers, on bractless pedicels. Fruit a silique or silicle. — Sepals 4, deciduous. Petals 4, regular, placed opposite each other in pairs, their spreading limbs forming a cross. Sta- mens 6 (rarely fewer), two of them shorter. Capsule 2-celled by a mem- branaceous partition which unites the two marginal placentaa, from which the two valves separate at maturity, or indehiscent and nut-like, or sepa- rating into 1 -seeded joints. Seeds campylotropous, without albumen, filled with the large embryo, which is curved or folded in various ways, or straight only in Leavenworthia. (The genera are distinguished chiefly by the fruit and seed ; the flowers being nearly similar throughout the order.) 24 CRUCIFER^E. (MUSTARD FAMILY.) Synopsis. I. SILIQUOS^E. Fruit a silique, few -many-seeded. * Cotyledons flattened, parallel with the partition, one edge applied to the ascending radicle (accumbent). t- Valves of the fruit nerveless. 1. NASTURTIUM. Silique short, nearly terete. Seeds in two rows in each cell. 2. IODANTIIUS. Silique elongated, terete. Seeds in a single row in each cell. 3. CARDAMINE. Silique linear, compressed. Seeds wingless, in a single row. 4. DENTARIA. Silique lanceolate, compressed. Seeds wingless, in a single row. 5. LEAVENWORTHIA. Silique oblong. Seeds winged. Embryo straight. •»- ••- Valves of the fruit 1-nerved. 6. ARABIS. Silique linear, elongated : valves flattened. * * Cotyledons flat, with one edge turned toward the partition, and the back of one of them applied to the ascending radicle (incumbent). 7. SISYMBRIUM. Silique sessile, nearly terete. 8. WAREA. Silique stalked, compressed. Petals on long claws. II. SILICULOSJE. Fruit a silicic. * Silicle compressed parallel with the broad partition, or globular. •- Cotyledons accumbent. 9. DRABA. Silicle oval or oblong, many-seeded valves 1 - 3-nerved. 10. YESICARIA. Silicle orbicular, few-seeded : valves nerveless. •i- - Cotyledons incumbent. 11. CAMELINA. Silicle obovoid : valves 1-nerved. * * Silicle compressed contrary to the narrow partition. Cotyledons incumbent, rarely accumbent. 12. SENEBIERA. Valves of the silicic globular, rugose : seeds' solitary. 13. LEPIDIUM. Valves of the silicic boat-shaped : seeds solitary. 14. CA£SELLA. Valves of the silicic boat-shaped : seeds numerous. HE. LOMENTACE2E. Fruit separating transversely into joints. 15. CAKILE. Fruit 2-jointed. 1. NASTURTIUM, K. Br. WATER-CRESS. Silique nearly terete, linear or oblong, or short and silicle-like, usually curved upward ; the valves nerveless. Seeds numerous, small, in two rows in each cell, not margined. Cotyledons accumbent. — Herbs. Leaves $innately-lobed. Flow- ers white or yellow, small. 1. N". tanacetifolium, Hook. & Arn. Smooth; stems diffuse; leaves pinnately divided, with pinnatifid or toothed lobes ; silique oblong-linear, pointed with the short style, twice as long as the pedicel. (Sisymbrium, Walt. S. Wai- ten, Ell.) — Damp soil, East Florida to South Carolina, and westward. March and April. — Stems 6'- 12' long. Flowers minute, yellow. 2. N. sessiliflorum, Nutt. Smooth ; stem stout, erect, branching ; leaves oblong-obovate, pinnatifid toward the base, toothed above, obtuse ; silique linear- oblong, pointed with the very short and thick style, four or five times as long as the pedicel. — Banks of the Apalachicola River, Florida and westward. Febru- ary - April. CL) — Stem 1° - 2° high. Flowers minute, yellow. CRUCIFER^E. (MUSTARD FAMILY.) 25 3. N. palustre, DC. Smooth or hairy ; stem erect, branching ; leaves clasping, pinnatifid, with toothed lobes ; silique short, ovate or oblong-ovate, pointed with the distinct and rather slender style, barely half as long as the spreading pedicel. — Wet places, North Carolina and westward. June -August. — Stem l°-2° high. Flowers small, yellowish. 4. "N. lacustre, Gray. Smooth ; stem sparingly branched ; immersed leaves pinnately divided into very numerous capillary segments, emersed ones lanceolate, serrate ; silique 1 -celled, obovate, pointed with the slender style, shorter than the spreading pedicel. — Rivers and cool springs, West Florida, thence northward and westward. July. — Stem l°-3° long. Flowers conspicuous, white. 5. ]N". officinale, R. Br. (WATER-CRESS.) Stems spreading and root- ing ; leaves pinnate, with the leaflets roundish or oblong and nearly entire ; silique linear (6'' -8" long), on slender spreading pedicels; petals white, twice the length of the calyx. — Ditches, &c., Florida and northward. Intro- duced. 2. IODANTHUS, Torr. & Gray. Silique linear, elongated, terete ; the valves nerveless. Seeds in a single row in each cell, not margined. Cotyledons accumbent. Claws of the violet-purple petals longer than the calyx. — A smooth perennial, with ovate-oblong pointed and toothed leaves, the lowest sometimes lyrate-pinnatifid, and showy flowers in panicled racemes. 1. I. hesperidoides, Torr. & Gray. (Hespcris pinnatifida, Mchx.) — Banks of rivers, Tennessee and northward. May and June. — Stem l°-3° high. Pods 1' or more long, curving upward. 3. CABDAMINE, L. Silique linear, flattened ; the valves nerveless, usually opening clastically from the base. Seeds several, wingless, disposed in a single row in each cell, sus- pended by filiform stalks. Cotyledons accumbent. — Herbs. Leaves often un- divided, Flowers purple or white. * Perennials. 1. C. rotundifolia, DC. Smooth; root fibrous; stem erect, simple, soon bearing from the root or upper axils long and leafy runners ; leaves oval or orbicular, often cordate, wavy or toothed, the lowest long-petioled and some- times sparingly pinnatifid ; silique subulate, spreading ; seeds oval. — Cool springs, in the upper districts and northward. May and June. — Stem 6' -12' high. Runners at length 2° - 3° long. Flowers conspicuous, white. 2. C. rhomboidea, DC. Smooth ; root tuberous ; stem simple, erect, without runners ; leaves long-petioled, round-cordate, with wavy margins ; the uppermost oblong-ovate, toothed, sessile ; silique linear-lanceolate, pointed with the slender style; seeds round-oval. — Cool springs, West Florida and north- ward. April and May. — Stem 12'- 18' high. Flowers white, larger than in No. 1. 3 26 CRUCIFER^:. (MUSTARD FAMILY.) * * Annuals. 3. C. spathulata, Michx. "Radical leaves petiolate, spathulate, entire, pubescent with branching hairs ; stem-leaves linear Stem decumbent, silique linear, straight, spreading and slightly reflexcd, pointed with the sessile stigma." (DC.) — High mountains of Carolina (Michaux). ( ) 4. C. Ludoviciana, Hook. Low; stems branching and hairy at the base; leaves lanceolate, pinnatifid with numerous oblong or linear sparingly toothed lobes, those of the root tufted ; silique broadly linear, erect-spreading, pointed with the sessile stigma ; seeds orbicular, margined. — Waste places near dwellings, Florida to North Carolina and westward. March and April. — Stems 4' -6' high. Flowers small, white. 5. C. hirsuta, L. Smooth or hairy ; stem erect ( 1° - 2° high), branching ; leaves pinnatifid, with numerous oval or oblong sparingly toothed lobes, those of the upper leaves linear and entire ; silique narrow-linear, erect, pointed with the nearly sessile stigma; seeds oval, minute, marginless. — Var. VIRGINICA. (C. Virginica, Michx.) Smaller (6' -10' high); lobes of the leaves linear or filiform. — Wet (the variety in dry) soil, Florida and northward. March and April. — Flowers small, white. 4. DENT ARIA, L. TOOTHWORT. Silique lanceolate, flattened. Seeds ovate, disposed in a single row in each cell, on flattened stalks, not margined. — Perennial herbs, wkh creeping fleshy roots, and simple stems, bearing at the summit 2-3 palmately-divided leaves, and a single raceme of large white or purple flowers. Radical leaves on long petioles. 1. D. diphylla, Michx. Root not jointed ; stem-leaves 2, opposite or near- ly so, ternately divided; leaflets ovate or ovate-lanceolate, coarsely toothed; those of the root similar ; racemes many-flowered, longer than the leaves ; flow- ers white. — Rich shady woods, along the mountains and northward. April. — Stem 8' -12' high. Root pungent. 2. D. laciniata, Muhl. Root jointed ; stem-leaves mostly 3, whorled, ternately divided; leaflets lanceolate or linear, lobed and toothed; the lateral ones 2-paited j those of the root similar or sometimes wanting ; racemes few - many-flowered, often shorter than the leaves ; flowers white or pale purple. — Banks of rivers in shady places, Florida and northward. Feb. - April. — Stem 4' -12' high. 3. D. heterophylla, Nutt. Root jointed; stem -leaves 2, small, opposite, 3-parted ; leaflets linear, toothed or entire ; root-leaves ternate, with large ovate crenately-lobed and toothed leaflets ; racemes few-flowered ; flowers rather small, purple. — Shady woods, North Carolina and northward. April. — Stem 6' - 12' high. 4. IX multifida, Muhl. Root tuberous ; stem-leaves mostly 3, whorled, 2 - 3-ternately divided into very narrow segments ; flowers white. — Shady woods in the upper districts, Alabama and northward. Stems 6' - 8' high. Leaves often as finely divided as those of the Carrot, sometimes approaching some of the forms of No, 2, but with smaller flowers, and longer petioles and pedicels. CKUCIFERJE. (MUSTARD FAMILY.) 27 5. LEAVENWORTHIA, Torr. Silique oblong or oblong-linear, compressed, often contracted between the seeds. Seeds in a single row in each cell, orbicular, flat, winged. Embryo straight or nearly so. — Small annual or biennial herbs, with short 1 -few-flow- ered stems, pinnatifid leaves, and yellow, white, or purplish flowers, on elongated pedicels. 1 . L. aurea, Torr. Leaves mostly radical, with 4-8 oblong toothed lobes, the terminal one larger and rounded; raceme at length 4-10-flowered; style manifest ; embryo straight. — On flat rocks in the upper districts of Alabama and westward. — Plant 2' - 6' high. Flowers yellow. 2. L. Michauxii, Torr. Leaves as in No. 1 ; flowers mostly solitary, on radical peduncles ; style almost none ; embryo slightly curved. (Cardamine uni- flora, Michx.) — Rocks, Alabama and Tennessee. — Flowers purplish or white. 6. ABABIS, L. Silique elongated, linear, flattened ; valves 1-nerved. Seeds numerous, in a single row in each cell, roundish, usually winged or margined. Cotyledons ac- cumbent. — Chiefly annual or biennial herbs. Radical leaves mostly pinnatifid ; those of the stem sessile and often cordate or sagittate at the base. Flowers white or rose-colored, in terminal racemes. 1. A. hirsuta, Scop. Rough-hairy; stems mostly simple, erect, rigid, very leafy ; radical leaves oblanceolate, obtuse, mostly entire ; those of the stem lanceolate or oblong, clasping, sparingly toothed; silique pedicelled, narrow- linear, erect, pointed with the sessile stigma ; seeds narrow-margined. — Rocky or sterile soil, Tennessee and northward. May. ® — Stems l°-2° high, often several from one root. Leaves %'-l' long. Flowers small, the greenish-white petals rather longer than the calyx. 2. A. patens, Sulliv. Downy with spreading hairs, erect (1° -2° high); stem-leaves oblong-ovate, acutish, coarsely toothed or the uppermost entire, half- clasping by the heart-shaped base ; petals (bright-white) twice the length of the calyx ; pedicels slender, spreading ; silique slender and curving upward, tipped with a distinct style. — Rocky banks near Nashville, Tennessee, and northward. May. — Silique 1 £' - 2' long. 3. A. dentata, Torr. & Gray. Pubescent and roughish; stems slender, diffusely branched, erect or ascending ; leaves obtuse, unequally and sharply toothed, the lowest (2' -5' long) oblong-obovate, tapering into a slender petiole; the others smaller, oblong, clasping and auriculate at the base ; racemes at length elongated ; siliques scattered, narrow-linear, widely spreading, on short pedicels ; petals whitish, scarcely exceeding the calyx. — Tennessee and northward. May. — Plant about 1° high. Silique 1' long. 4. A. lyrata, L. Stem smooth, branching from the base ; radical leaves tufted, pinnatifid, ciliate, those of the stem linear or lanceolate and entire ; silique pedicelled, very narrow, erect-spreading, pointed with the short style ; seeds with- out margins. — Mountains of North Carolina and northward. April -June. — Stems 4' - 10' high. Flowers white, the petals twice the length of the calyx. 28 CRUCIFERJE. (MUSTARD FAMILY.) 5. A. Canadensis, L. Stem stout, simple, nearly smooth above ; leaves thin, downy, lanceolate, slightly toothed, sessile by a narrow base, the lowest coarsely or pinnatifid-toothed ; siliques curved, drooping, on rough pedicels; seeds winged. (A. falcata, Michx.) — Dry or rocky places in the upper districts. May and June. — Stems 2° -3° high. Silique 2' -3' long. Flowers white. Petals oblong-linear, not twice the length of the hairy calyx. 6. A. Isevigata, DC. Smooth and glaucous ; stem erect ; leaves linear or lanceolate, entire or sparingly toothed, sagittate and clasping at the base ; pedicels short; petals (whitish) narrow, slightly exsertcd ; silique elongated, narrow-linear, recurved-spreading ; seed winged. — Rocky places, North Caro- lina, Tennessee, and northward. May. — Stem l°-2° high. Silique 2' -3' long. 7. SISYMBRIUM, L. HEDGE-MUSTARD. Silique linear or oblong, terete or somewhat angled, with 1 -3-nerved valves. Seeds in a single row in each cell, oblong, marginless. Cotyledons linear-oblong, incumbent. — Herbs with simple or pinnately divided leaves. Flowers in ra- cemes, small, white or yellow. 1. S. canescens, Nutt. Pubescent and somewhat hoary ; stem simple or sparingly branched; leaves bipinnatifid, with small mostly toothed lobes; ra- cemes at length elongated ; silique shorter than the spreading pedicel. (Carda- mine? multifida, DC.) — Waste ground, Florida, northward and westward. March and April. @ — Stem l°-2° high. Flowers small, greenish-white. 2. S. Thaliana, Gaud. Stem slender, branching, hairy at the base ; leaves hairy, toothed or entire, the lowest obovate or oblanceolate, tufted, the others small and scattered ; siliques linear, erect-spreading, twice as long as the pedi- cels.— Rocks and sterile soil, Georgia and northward. Introduced. March and April. @ — Stem 4'- 8' high. Flowers white. 3. S. Oflacinale, Scop. Stem tall (2° -3°), branching, and with the run- cinate leaves pubescent ; silique subulate, nearly sessile, appressed to the rachis. — "Waste grounds in the upper districts, and northward. Introduced. May- Sept. (1) — Flowers pale yellow. 8. WAREA, Nutt. Silique linear, flattened, long-stalked, recurved ; the valves 1-nerved. Seeds in a single row in each cell. Cotyledons oblong, flat, incumbent. — Smooth and erect branching annuals. Leaves entire. Flowers showy, in corymb-like racemes. Petals long-clawed, white or purple. 1. W. amplexifolia, Nutt. Leaves oval and slightly clasping; petals oval, bright-purple ; silique linear. — Sand hills, Florida. September. — Stem l°-2° high. 2. W. cuneifolia, Nutt. Leaves wedge-lanceolate; petals obovate, white or rarely purple; silique narrow-linear. — Sand hills, Florida and Georgia. September. — Stem l°-2° high. CKUCIFER^. (MUSTARD FAMILY.) 29 9. DRABA, L. Silicle oblong or oval, flattened parallel with the broad partition. Seeds nu- merous in two rows in each cell, compressed, wingless. Cotyledons accumbent. — Small herbs with entire or toothed leaves, and yellow or white flowers in ter- minal racemes. § 1. DRABA. — Petals entire. 1. D. brachycarpa, Nutt. Annual; minutely downy ; stems leafy, sim- ple or branched ; radical leaves round-ovate, stalked, those of the stem oblong- linear ; silicic oval, as long as the pedicel. — Middle districts of Georgia, in dry soil, and westward. March and April. — Stem 2' - 6' high. Silicle 2"- 3" long. Flowers white. 2. D. Caroliniana, Walt. Annual ; stems leafy and hispid at the base, smooth above ; leaves tufted, spatulate-obovate, hispid ; silicle linear-oblong, two or three times as long as the pedicel. — Sandy fields, Georgia and north- ward. February - April. — Stems 1'- 3' high. Silicle 4" -6" long. Flowers white. 3. D. CUneifolia, Nutt. Annual ; leaves obovate, wedge-shaped, or the lowest spatulate, toothed ; raceme somewhat elongated in fruit (l'-3'), at length equalling the naked peduncle ; petals emarginate, much longer than the calyx ; silicles oblong-linear, minutely hairy, longer than the horizontal pedicels. — West Florida (Nuttall) and westward. March and April. 4. D. ramosissima, Desv. Perennial; stems diffuse, pubescent ; leaves linear-lanceolate or the lowest oblanceolate and crowded, coarsely toothed ; ra- cemes corymbose-branched ; silicle lanceolate, flat, twisted, hairy ; style slender. — Mountains of North Carolina and northward. April and May. — Stems 4' - 8' long. Flowers white. § 2. EROPHILA. — Petals 2-cleJl. 5. D. verna, L. Stems naked, slender (2' -4' high) ; leaves radical, ob- long ; silicles oblong, smooth, shorter than the pedicels, scattered ; flowers small, white. — Waste places, chiefly in the upper districts. Introduced. (I). 10. VESICARIA, Lam. Silicle globular and inflated, or more or less flattened parallel to the orbicular partition ; the hemispherical or convex thin valves nerveless. Seeds few or sev- eral, flat. Cotyledons accumbent. Filaments toothless. — Low herbs, pubescent or hoary with stellate hairs. Flowers mostly yellow. 1. V. Lescurii, Gray. Somewhat pubescent, but green ; stems dif- fusely ascending from a biennial root ; leaves oblong or oval, sparingly toothed, those of the stem half-clasping by a sagittate base ; racemes elongated, many- flowered ; pedicels ascending ; filaments inflated at the base ; style half the length of the hispid orbicular or broadly oval flattened silicle ; seeds wing-mar- gined, one to four in each cell. — Hills near Nashville, Tennessee. April and May. — Flowers golden yellow. 3 30 CRUCIFEILE. (MUSTARD FAMILY.) 11. CAMELINA, Grant/. Silicic ovoid or pear-shaped, flattened parallel to the broad partition ; valves 1 -nerved. Seeds numerous, oblong. Cotyledons incumbent. Style slender. — Flowers small, yellow. 1. C. saliva, Crantz. Leaves alternate, sagittate; silicic large. — Fields, North Carolina, and northward. Introduced. (l). 12. SENEBIERA, Poir. Silicic didymous, compressed contrary to the narrow partition ; the cells glob- ular, 1-seeded, crested or pitted, indehiscent, at maturity separating from the par- tition. Cotyledons incumbent. — Annual or biennial diffuse strong-scented herbs, with pinnatcly lobed or divided leaves, and minute white flowers, in short ra- cemes, opposite the leaves. Stamens 2, 4, or 6. 1. S. pinnatifida, DC. Stem prostrate; leaves deeply pinnatifid, with the numerous lobes toothed on the upper edge ; silicic pitted, emarginate at both ends. — Waste places, Florida to North Carolina. March -May. — Racemes many-flowered. 2. S. CoronopUS, Poir. Stem prostrate; leaves deeply pinnatifid, with the lobes entire, toothed, or pinnatifid ; silicles not emarginate, the margins crested. — Waste places. Introduced. March and April. 13. LEPIDIUM, L. PEPPERGRASS. Silicic rounded or obcordate, compressed contrary to the narrow partition ; valves carinate : cells 1-seeded. Cotyledons accumbent and incumbent. Petals sometimes wanting. Stamens 2, 4, or 6. — Leaves entire, toothed, or pinnately divided. Flowers minute, in terminal racemes. 1. L. Virginicum, L. Smooth; stem erect, much branched; leaves lanceolate, sharply toothed, the lowest tapering and mostly pinnatifid toward the base ; silicic orbicular, wingless ; cotyledons accumbeut ; stamens mostly two. — Waste places, very common. March -June. (I) — Stem 1° - 2° high. 14. CAPSELLA, Vent. SHEPHERD'S PURSE. Silicic triangular-wedge-shaped, flattened contrary to the narrow partition, many-seeded ; valves wingless. Cotyledons incumbent. — An annual herb, with the radical leaves clustered and pinnatifid ; those of the stem clasping and often entire. Racemes elongated. Silicic shorter than the spreading pedicel. Flowers white. 1. C. Bursa-pastoris, Moench. — Waste ground, Florida and northward. March and April. Introduced. 15. CAKILE, Tourn. Silicic 2-jointed; the joints thick, 1-celled, 1-seeded. Seed of the upper joint erect, of the lower suspended. Cotyledons accumbent. — Fleshy sea-side annu- als, with pinnatifid or lobed leaves, and white or purple flowers in racemes op- posite the leaves. CAPPARIDACE^E. (CAPER FAMILY.) 31 1. C. maritima, Scop., var. 88qualis. Smooth; stem much branched, prostrate ; leaves oblong, irregularly toothed or pinnatifid, narrowed intc ,a petiole as long as the limb ; flowering racemes short and corymb-like, fruiting ones elongated ; petals wedge-obovatc, emarginatc ; mature silicic linear, 8-ribbed, the upper joint ovate-lanceolate, slightly compressed, beak-pointed, one third longer than the cylindrical lower one ; cotyledons linear, 3-anglcd. (C. sequa- lis, L'Her.) — Drifting sands along the coast. May -August. — Stems l°-2° long. Flowers pale purple. ORDER 13. CAPPARIDACE^E. (CAPER FAMILY.) Herbs, shrubs, or trees, with acrid watery juice, alternate, simple or palmately-compound leaves, and regular hypogynous flowers. Stipules spiny or wanting. — Sepals 4, imbricated or valvate in the bud. Petals 4, mostly clawed. Stamens 6 or numerous. Ovary 1-celled : ovules am- phitropous or campylotropous, attached to the two parietal placentas. Fruit silique-like, and 2-valved or indehiscent. Seeds reniform, without albumen. Embryo curved. Synopsis. * Calyx 4-sepalous. — Herbs. 1. POLANISIA. Stamens 8 - 32, free. Torus short. Style filiform. 2. CLEOME. Stamens 6. free. Torus short. Stigma sessile. 3. GYNANDROPSIS. Stamens G. Filaments partly united with the stipe of the ovary. * * Calyx 4-parted. — Shrubs. 4. CAPPARIS. Stamens numerous, free. Leaves entire. 1. POLANISIA, Raf. Petals clawed. Stamens 8-32: filaments free, unequal, filiform. Torus short, bearing a truncated or emarginate gland on the upper side. Ovary sessile or short-stipitate. Style filiform. Capsule silique-like, many-seeded. — Annual clammy herbs, with palmately trifoliolate petioled leaves, and racemose flowers. 1. P. tenuifolia, Torr. & Gray. Stem slender, erect, branching ; leaflets filiform, longer than the petiole ; petals oval, entire, short-clawed, unequal ; sta- mens 12-15; capsule linear, smooth, short-stipitate, pointed with the persistent style ; seeds minute, circular. — Georgia (Le Conte) and South Florida (Blodgett). — Stem l°-2° high. Flowers white. 2. CLEOME, L. Petals long-clawed, nearly equal, entire. Stamens 6. Filaments filiform, elongated, 1-3 often shorter, rarely all abbreviated. Torus short, hemispherical. Stigma sessile. Capsule silique-like, stipitate or almost sessile, many-seeded. — Herbs with palmately 3 -7-foliolate leaves, and bracted racemose flowers. Stip- ules, when present, spiny. 32 VIOLACE^E. (VIOLET FAMILY.) 1. C. pungens, Willd. Clammy-pubescent; leaves 5 - 7-foliate, long- petioled ; leaflets lanceolate, acute, serrulate ; lower bracts trifoliolate, the upper ones simple, cordate-ovate ; stipules spiny ; capsule smooth, shorter than the elon- gated stipe ; seeds rugose. — "Waste places, Florida and westward. May - August. Introduced. © — Stem 2° - 4° high. Petioles more or less spiny. Flowers showy, purple, changing to white. 3. GYNANDROPSIS, DC. Petals clawed, imbricated or open in the bud. Stamens 6 ; the filaments ad- nate to the lower half of the elongated stipe of the ovary. Stigma sessile. Capsule silique-like, many-seeded. — Herbs with palmately 3 - 5-foliolate leaves, and racemose bracted flowers. 1. G. pentaphylla, DC. Clammy-pubescent; leaves 5-foliate, the lower ones and bracts 3-foliolate ; leaflets oblong-obovate, nearly entire ; flowers white, open in the bud ; capsules hispid ; seeds warty. — Waste places, Florida to North Carolina. Naturalized. May -August. © — Stem 2° -3° high. 4. CAPPABIS, L. CAPER-TREE. Sepals partly united, imbricated or valvate in the bud, often glandular at the base. Petals imbricated in the bud. Stamens numerous. Torus small. Ovary long-stipitate. Stigma sessile. Fruit fleshy, globose or silique-like, many- seeded. — Shrubs or trees, with simple entire coriaceous leaves, spiny or adnate stipules, and mostly showy flowers. 1. C. Jamaicensis, Jacq, Leaves oblong, emarginate, smooth above, the lower surface, like the flowers and flattened branches, dotted and covered with minute scales ; flowers terminal, by pairs, on short 4-angled peduncles ; sepals ovate, valvate in the bud, scarcely shorter than the oval white petals ; filaments 20 - 24, long, villous at the base; capsule long (6'- 8'), cylindrical, torulose, downy, long-stipitate. ( Colicodendron anceps, Shuttl.) — South Flor- ida. — Shrub 8° - 10° high. 2. C. cynophallophora, L. Leaves oblong, obtuse, reticulate-veined, glabrous like the flowers and branches ; peduncles 4-angled, few-flowered ; se- pals rounded, imbricated in the bud, much shorter than the obovate white petals ; filaments very long (2'), smooth; capsule (6' -8' long) smooth, torulose, short- stipitate, pulpy within. — South Florida. — Shrub 6° - 8° high. ORDER 14. VIOL.ACE7E. (VIOLET FAMILY.) Herbs or shrubs. Leaves alternate, simple, involute in the bud. Stip- ules persistent. Flowers irregular, axillary, on bracted peduncles, nod- ding. Sepals 5, persistent, imbricated in the bud. Petals 5, hypogynous, obliquely convolute in the bud. Stamens 5, alternate with the petals, connivent. Anthers adnate, introrse, Style single. Capsule 1-celled, loculicidally 3-valved, many-seeded: valves each bearing a placenta in the middle. Embryo straight, in fleshy albumen. VIOLACEJE. (VIOLET FAMILY.) 33 1. VIOLA, Tourn. VIOLET. HEART'S-EASE. Sepals nearly equal, produced at the base into a free appendage. Petals un- equal, the lower one produced into a sac or spur at the base. Stamens short • the broad filaments membranaceous and prolonged above the anthers ; the two anterior ones spurred on the back. Stigma often beaked. — Low herbs. Pe- duncles 1 -flowered. § 1. Leaves and peduncles arising from a subterranean rhizoma, without apparent stems : perennials, flowering in early spring, the later flowers apetalous. * Flowers blue or purple* 1. V. CUCUllata, Ait. Smooth or pubescent ; leaves long-petioled, all undivided, varying from cordate-ovate to reniform, serrate, the sides at the base involute when young ; the later ones acutish ; lateral petals bearded ; stigma beakless. — Low ground, common. — Flowers blue, often variegated with white. 2. V. palmata, L. Downy or hairy, rarely smooth ; earliest leaves entire, cordate or reniform; later ones variously 3- 9-lobed, the central lobe always largest, lanceolate or oblong, the lateral ones spreading ; flowers large, with the lateral and lower petals bearded. — Dry soil, common. — Flowers purple or blue. 3. V. Villosa, Walt. Downy ; leaves prostrate, short-petioled, orbicular or broadly cordate, crenate, purple- veined ; peduncles mostly shorter than the leaves, flowers small. — Dry sandy or gravelly soil, Florida to North Carolina. — Flowers pale blue. 4. V. sagittata, Ait. Smoothish; leaves cordate-oblong, acute, toothed and somewhat sagittate at the base, the earliest ones rounded, short-petioled ; lateral petals bearded. — Damp pastures in the upper districts and northward. — Flowers larger than in the last, deep blue. 5. V. pedata, L. Smoothish ; leaves all 7 - 9-parted, the divisions linear- lanceolate, entire or toothed, narrowed downward ; petals beardless. — Dry sandy soil in the middle and upper districts, and northward. — Flowers large, deep blue or purple. * * Flowers white. 6. V. primulsefolia, L. Smooth or hairy ; leaves oblong, mostly acute, crenate, cordate or abruptly decurrent on the winged petiole ; petals often acute, the lower ones bearded and striped with purple. — Low grounds, common. — Rhizoma slender, and commonly bearing long leafy runners. Flowers small. 7. V. lanceolata, L. Smooth or pubescent ; leaves lanceolate or linear, narrowed into the long and winged petioles ; flowers beardless. — Low pine bar- rens. Florida and northward. — Rhizoma like the last. 8. V. blanda, Willd. Minutely pubescent; rhizoma slender; leaves small, orbicular-cordate, crenate, shorter than the peduncles ; flowers small, beardless, sweet-scented, the lower petal striped with purple. — Low ground and meadows, North Carolina and northward. — Petioles slender, wingless. Leaves rarely acute. 34 VIOLACE^E. (VIOLET FAMILY.) * # # Flowers yellow, 9. V. rotundifolia, Michx. Nearly smooth ; leaves broadly cordate, longer than the short petioles ; lateral petals bearded. — Mountains of North Carolina and northward. — Rhizoma slender, bearing runners. Leaves flat on the ground. Petals striped with purple. § 2. Leaves and flowers Lome on manifest stems : perennials. * Stems leafy throughout. 10. V. Muhlenbergii, Torr. Primary stems erect, the later ones pros- trate ; leaves broadly cordate or reniform, crenate and roughened with minute elevated points, the uppermost acute ; stipules fringed ; spur obtuse, half as long as the pale purple petals ; lateral petals bearded. — Damp shades in the upper districts and northward. Var. multicaulis, Torr. & Gray. Stems all prostrate and creeping;' leaves smaller, roundish, obscurely crenate, purple-veined. — Dry rocks and hills in the lower districts. March and April. — Stems slender, 4' - 6' long. 11. V. Stricta, Ait. Stems ascending ; leaves cordate, serrate, rough- ened as in No. 10, the uppermost often acute ; stipules large, fringed ; spur thick, shorter than the large cream-colored petals ; lateral petals bearded, the lower striped with purple. — Mountains of Georgia and northward. April. — Stems 10' - 12' high. Peduncles elongated. 12. V. Canadensis, L. Tall ; leaves large, broadly cordate, acuminate, coarsely serrate, longer than the peduncles ; stipules nearly entire ; spur very short; petals white, externally purplish, the lateral ones bearded. — Rich soil along the mountains of North Carolina and northward. May - August. — Stems l°-2° high. * * Stems leafy at the summit : stipules entire. 13. V. liastata, Michx. Smooth or hairy ; leaves rhombic-ovate, hastate - 3-lobed, or the lower ones 3-parted (V. tripartita, Ell.}, serrate and commonly acute ; flowers small, yellow ; lateral petals bearded, the lowest striped with purple ; spur very short. — Shaded hill-sides, Florida and northward. April and May. — Stem 6'- 12' high. Stipules small. 14. V. pubescens, Ait. Downy or woolly ; leaves broadly cordate, coarsely serrate, mostly acute ; stipules large ; spur very short ; flowers yellow, the lower petals veined with purple, bearded. — Dry rocky soil in the upper dis- tricts, and northward. April. — Stems 6' - 12' high. Capsules sometimes villous. § 3. Stems leafy : root annual. 15. V. tricolor, L., var. arvensis, DC. Stems branching ; lowest leaves roundish, the upper lanceolate, entire ; stipules leafy, pinnatifid ; flowers small, yellow and purple. — Cultivated ground. Introduced. — Stem 6' high. 2. SOLE A, Ging. Sepals not produced at the base. Petals unequal, the lowest one gibbous at the base and 2-lobed at the apex, the others smaller. Stamens with the filaments united and produced above the anthers, the two lower ones glandular at the CISTACE^E. (ROCK-ROSE FAMILY.) 35 base. Style hooked at the summit. — An upright simple hairy perennial herb, with numerous ovate-lanceolate, acuminate and entire leaves, and 1-3 short- stalked greenish nodding flowers in each axil. 1 . S. concolor, Ging. — Mountains of Carolina and northward, in deep shades. June and July. ( Viola concolor, Pursh.) — Stem 1°- 2° high. Leaves short-petioled. ORDER 15. CISTACEJS. (ROCK-ROSE FAMILY.) Herbs or low shrubs, with entire leaves, and regular mostly polyandrous flowers. — Sepals 5, persistent, the two outer ones smaller, the three inner twisted in the bud. Petals mostly 5, twisted contrary to the sepals in the bud, rarely wanting. Stamens few or numerous, distinct, hypogynous. Anthers innate. Ovary 1-celled. Style single. Capsules 3- 5-valved, bearing as many parietal placentae each in the middle of the valve, few or many-seeded. Seeds orthotropous. Embryo curved, in mealy albumen. Synopsis. 1. IIELIANTHEMUM. Style none. Stigma capitate. Embryo nearly annular. 2. LECUEA. Style none. Stigmas plumose. Embryo nearly straight. 3. HUDiONIA Style filiform Stigma minute. Embryo coiled. 1. HELIANTHEMUM, Tourn. ROCK-ROSE. Petals 5, corrugated in the bud, sometimes wanting. Stigma sessile or nearly so, capitate, 3-lobed. Capsule 3-valved. Embryo curved nearly into a ring. — Low herbs or partly shrubby plants, with fugacious yellow flowers. * Floivers perfect : petals conspicuous : stamens indefinite : capsule many-seeded. 1. H. Carolinianum, Michx. Hirsute; leaves lanceolate, denticulate, acute, short-petioled, the lowest obovate, crowded ; flowers large, solitary, borne above the axils. — Dry sandy soil, Florida to North Carolina and westward. March and April. — Stems 6' -12' high, ascending from a shrubby base. Flowers 1' wide. 2. H. arenicola, sp. n. Hoary ; leaves small, lanceolate, obtuse, entire, with the sides revolute ; flowers solitary, or 2 - 4 in terminal umbellate clusters, on slender pedicels. — Drifting sands near the coast, West Florida. March and April. — Stems shrubby and branched at the base, all but the short (2' -6') flowering stems buried in the sand. Flowers £' wide. * * Flowers of two kinds : the earliest as in the last section, the later ones smaller, clustered, with small petals, or none, fewer stamens, and few-seeded capsules. 3. A. COrymbosum, Michx. Tomentose, stems erect, shrubby at the base ; leaves lanceolate, obtuse, entire, hoary beneath, with the sides revolute ; flowers nearly sessile in a cymose cluster at the summit of the stem, the perfect ones long-ped uncled ; sepals woolly. — Dry sands near the coast, Florida to North Carolina. April. — Stems 1° high. Capsule smooth. 36 DROSERACE.&. (SUNDEW FAMILY.) 4. H. Canadense, Michx. Stems erect, at first nearly simple, downy or smooth ; leaves lanceolate, downy, or nearly smooth above ; flowers axillary, the perfect ones large, solitary, the later apetalous ones clustered or sometimes wanting. (H. rosmarinifolium, Ph. 1 H. ramuliflorum, Michx.) — Dry sterile soil, Florida and northward. April. — Stems 1° high. Perfect flowers an inch wide. 2. LECHEA, L. Petals 3, persistent, not longer than the sepals. Stamens 3-12. Stigmas 3, sessile, plumose. Capsule globose, 3-valved, incompletely 3-celled, 6-seeded. Embryo slightly curved. — Perennial herbs, with small greenish flowers in racemes or panicles. 1. L. major, Michx. Villous; leaves alternate, opposite, or whorled, el- liptical, those on the prostrate radical branches roundish ; flowers on short pedi- cels, densely crowded in short simple or compound axillary racemes. (L. villosa, Ell.) — Dry sterile soil, Florida and northward. July and August. — Stem 2° high, brandling toward the summit. Capsules as large as a pin's head. 2. L. minor, Lam. Rough with appressed scattered hairs ; the young branches and calyx more or less hoary ; stems paniculately branched above ; leaves scattered, linear ; flowers loosely racemose, on distinct, often appressed pedicels. (L. racemulosa and L. tenuifolia, Michx.) — Dry sandy soil, common. July and August. — Stems £° - 2° high. Capsules larger than in No. 1. Rad- ical branches often wanting. 3. HUDSONIA, L. Petals 5, larger than the sepals, fugacious. Stamens 9-30. Style filiform. Stigma minute. Capsule oblong, 1-celled, 3-valved, with 2-6 erect seeds at- tached near their base. Embryo coiled. — Low tufted shrubs, with minute hoary, subulate, imbricated leaves, and yellow flowers at the summit of the branches. 1. H. montana, Nutt. Stems 2/-4' high; leaves loosely imbricated; pedicels longer than the flowers ; calyx campanulate; sepals acuminate. — Table Rock, North Carolina. ORDER 16. DROSERACE^. (SUNDEW FAMILY.) Low glandular-hairy marsh herbs, with circinate tufted radical leaves, and regular hypogynous white or purplish flowers, borne on a naked scape. Sepals 5, persistent. Petals 5, withering. Stamens 5- 15, distinct : an- thers extrorse. Ovary 1-celled, many-ovuled, with 3 or 5 parietal pla- centae. Styles separate or united. Capsule loculicidally 3-5-valved. Seeds anatropous. Embryo minute at the base of fleshy albumen. 1. DBOSEBA, L. SUNDEW. Stamens 5. Styles 3-5, deeply 2-parted ; the divisions 2 - many-lobed. Cap- sule 3-valved, many-seeded. — Leaves dewy with glandular hairs. Scape often forking. Flowers racemose, secund. TARNASSIACE^E. (PARNASSIA FAMILY.) 37 1. D. filiformis, Raf. Rhizoma thick, creeping; leaves erect, filiform, elongated, smooth at the base ; scape smooth, many-flowered ; flowers large, bright purple ; calyx hairy ; seeds oblong, dotted. — Low pine barrens, Florida and northward. April. 1J. - - Scapes 1 ° - 1 £° high. Flowers 1 ' or more wide. 2. D. longifolia, L. Rhizoma long and slender ; leaves linear-spatulatc, gradually narrowed into the long and smooth petiole, the upper ones erect ; scape smooth, declined at the base, 8 - 12-flowered ; calyx obovate ; seeds oblong. (D. foliosa, Ell.) — Sandy swamps, oftencr in water, Florida and northward. May and June, ty — Scapes 4' -6' high. Flowers small, white. 3. D. capillaris, Poir. Rhizoma short or none; leaves spatulate, nar- rowed into the long and smoothish petiole ; scape slender, smooth, erect, 9 - 20- flowered ; calyx obovate ; seeds oval, finely furrowed and granular. „ (D. brevi- folia, var. major, Hook.) — Boggy ponds, Apalachicola, Florida, to South Car- olina (Bosc.). April and May. © or )J. — Scape 6' -15' high. Leaves 2' -3' long. Flowers pale rose-color. 4. D. rotundifolia, L. Rhizoma none ; leaves orbicular, abruptly con- tracted into the hairy petiole ; scape erect, smooth, 6 - 10-flowered ; calyx ovoid; seeds covered with a loose membranaceous coat. — Mossy swamps, Florida and northward. May and June. ® — Scapes 6' -9' high. Leaves 2' long. Flowers Avhite. 5. D. brevifolia, Pursh. Glandular-pubescent throughout ; rhizoma none ; leaves short, wedge-shaped ; scape erect, 3 - 6-flowered ; calyx oval ; seeds ovoid, minutely glandular. — Low sandy pine barrens, Florida to North Carolina. April, (l) — Scapes 3' - 6' high. Leaves £' long. Flowers %' wide, white. 2. DIO1OEA, Ellis. FLY-TRAP. Stamens 10-15. Styles united. Stigmas 5, fimbriate. Capsule 1-celled, opening irregularly. Placenta at the base of the cell, many-seeded. — A smooth perennial herb, with the habit of Drosera. Leaves spreading, on broadly-winged, spatulate petioles, with the limb orbicular, notched at both ends, and fringed on the margins with strong bristles ; sensitive ! Flowers in a terminal umbel-like cyme, white, bractcd. 1. ID. ULUSCipula, Ellis. — Sandy bogs in the pine barrens of North Car- olina and the adjacent parts of South Carolina. April and May. — Scape 1° high, 8 -10-flowered. Flowers 1' wide. — For an interesting account of this remarkable plant, see Curtis's Plants of Wilmington, in the Boston Journal of Natural History, Vol. I. 1834. ORDER 17. PARNASSIACE-&2. (PARNASSIA FAMILY.) Perennial smooth herbs, with ovate or reniform chiefly radical and entire leaves, on long petioles, and large solitary flowers terminating the scape-like, 1-leaved stem. — Sepals 5, persistent. Petals 5, ovate or obo- 4 38 HYPERICACFwE. (ST. JOHN'S- WORT FAMILY.) vate, veiny, imbricated in the bud, deciduous. Fertile stamens 5, alter- nating with the petals : anthers introrse. Sterile ones in sets of 3 - 15 more or less united filaments, placed opposite each petal. Ovary 1-celled, with 3-4 parietal placentae. Stigmas 3-4, sessile, placed over the pla- centae. Capsule loculicidally 3-4-valved at the apex, many-seeded. Seeds anatropous, winged, without albumen. Embryo straight, cylindrical. 1. PABNASSIA, Tourn. GRASS OF PARNASSUS. Characters same as the order. 1. P. Caroliniana, Michx. Leaves broadly ovate or cordate-ovate ; cau- line one near the base of the stem, clasping ; petals oval, sessile, with impressed greenish veins ; sterile stamens by threes, distinct almost to the base, 2-3 times as long as the recurved fertile ones. — Damp soil, Florida and northward. Oc- tober and November. — Stem 12'- 18' high. Flowers 1' wide. 2. P. asarifolia, Vent. Leaves reniform ; cauline one near the middle of the stem, clasping; petals broadly ovate, short-clawed; sterile stamens by threes. — High mountains of North Carolina. August and September. — Flow- ers larger than in No. 1. ORDER 18. HYPERICACE^E. (ST. JOHN'S-WORT FAMILY.) Herbs or shrubs, with opposite entire dotted leaves, without stipules, and regular hypogynous, mostly yellow flowers. — Sepals 4-5, imbricated in the bud, persistent. Petals 4-5, convolute or imbricated in the bud, deciduous. Stamens mostly numerous, and often united at the base into 3-5 sets : anthers introrse. Styles 2-5, often united, persistent. Cap- sule 1-celled, with strictly parietal placentae, or 2 - 5-celled by the meeting of the placentae at the axis, septicidally 2 - 5-valved. Seeds very numer- ous, minute, anatropous, without albumen. Synopsis. * Petals convolute in the bud. 1. ASCYRUM. Sepals and (yellow) petals 4. 2. HYPERICUM. Sepals and (yellow) petals 5- Stamens without interposed glands. * * Petals imbricated in the bud. 3. ELODEA. Sepals and (rose-colored) petals 6. A gland between the sets of stamens. 1. ASCYBUM, L. ST. PETER'S-WORT. Sepals 4, the two outer ones much larger (except No. 5). Petals 4, convolute in the bud, oblique. Stamens numerous. Styles 2-4, distinct or united. Cap- sules 2-4-valved, 1-celled, with 2-4 parietal placentae. — Smooth shrubs with 2-edged branches. Flowers mostly solitary, yellow. * Pedicels 2-bracted : styles shorter than the ovary. 1. A. Crux-Andreas, L. Leaves linear-oblong, obtuse, narrowed at the base ; outer sepals oval, rather obtuse, the inner ones minute ; petals oblong, HYPEIUCACE^E. (ST. JOIIN's-WORT FAMILY.) 39 often acute, approximate in pairs ; styles 2 ; capsule as long as the sepals. — Sterile soil, Florida and northward. June - September. — Shrub 1°- 3° high. Leaves 1' long. Branches opposite. 2. A. Stans, Michx. Leaves oval-oblong, obtuse, closely sessile ; outer sepals orbicular-cordate, obtuse ; the inner ones lanceolate, acute ; petals obovate ; styles 3 or 4 ; capsule shorter than the sepals. — Var. OBOVATUM, Torr. fr Gray, is a dwarf state, with obovate leaves, and obtuse inner sepals. — Damp soil, Florida and northward. July- September. — Shrub 2°- 3° high. Leaves and flowers larger than in No. 1 . * * Pedicels bractless : styles longer than the ovary. 3. A. amplexicaule, Michx. Leaves and outer sepals cordate-ovate, clasping ; inner sepals lanceolate, as long as the outer ones ; petals obovate ; styles 3 ; capsule ovoid, barely half as long as the sepals. — Damp soil near the coast, Florida, Georgia, and westward. April - September. — Shrub 2° - 3° high. Branches many times forking. 4. A. pumilum, Michx. Dwarf ; leaves oblong-ooovatc, obtuse ; outer sepals round-ovate, the inner ones minute ; petals obovate ; pedicels long and slender, reflexcd in fruit ; styles 2, united. — Dry gravelly soil, Florida, Georgia, and westward. March and April. — Stems 3' - 6' long, diffuse. Leaves 4" - 6" long. 5. A. microsepalum, Torr. & Gray. Leaves very numerous, small, oblong-linear, narrowed at the base, obtuse ; flowers somewhat corymbose ; se- pals small and equal. — Flat pine barrens, Florida and Alabama. March and April. — Shrub bushy, 1° - 2° high. Leaves 6"- 9" long. Flowers 1' wide. 2. HYPEKICUM, L. ST. JOHX'S-WORT. Sepals 5, similar. Petals 5, oblique, convolute in the bud. Stamens mostly numerous, and commonly collected in 3 - 5 sets, without intervening glands. Styles 3-5, distinct or united. Capsule 1 - 5-celled. — Herbs or shrubs. Flow- ers mostly cymose, yellow. § 1. Stamens numerous. * Capsules-celled: styles united ': shrubs. 1. H. prolificum, L. Branches 2-edged, the barren ones elongated ; leaves lance-oblong, obtuse or mucronate, narrowed at the base ; cymes axillary and terminal, often few-flowered ; capsule oblong, rarely 4 - 5-celled. — Varies with a more branching stem, smaller and narrower leaves, and smaller and more numerous flowers. (H. galioides, Ph.) — Swamps and banks of rivers in the niddle and upper districts. July and August. — Shrub 2° - 3° high. Leaves l'-2' long, paler beneath. 2. H. Buckleyi, M. A. Curtis. Low, widely branching from the base ; leaves oblong, obtuse, narrowed at the base, paler beneath ; flowers solitary, ter- minal, on rather long and bracted pedicels ; sepals obovate ; style and stamens long and slender. — Mountains of Georgia and North Carolina. — Shrub 8'- 12' high. Flowers 1' wide. 40 HYPERICACE^E. (ST. JOHN'S-WORT FAMILY.) * * Capsule3-celled: styles separate : petals black-dotted : herbs. 3. H. perforatum, L. Stem much branched, slightly 2-edged ; cymes corymbose, many-flowered ; leaves elliptical or linear-oblong, obtuse, with pel- lucid dots ; sepals lanceolate, acute. — Old fields, sparingly naturalized. June- August. — Stem 1°- 2° high, bearing runners at the base. Flowers 1' wide, deep yellow. 4. H. maculatum, Walt. Stem terete, sparingly branched above ; leaves oblong-cordate, obtuse, clasping, marked with pellucid dots ; cymes many-flow- ered, corymbose ; sepals lanceolate, acute ; styles twice as long as the ovary. — Dry pine barrens, Florida to North Carolina. June -August. — Stem 2° -3° high. Leaves I'-lJ' long, rigid. Flowers small. 5. H. COrymbosum, Muhl. Leaves thin, oblong, slightly clasping ; se- pals ovate ; styles as long as the ovary ; otherwise nearly as the last. — Moun- tains of North Carolina, northward and westward. July. — Stem l°-2° high. Leaves l'-2' long. * %• * Capsule 1-celled, or partially 3-celled by the introversion of the placentce. -- Shrubs : leaves evergreen. •-• Cymes leafy. 6. H. fasciculatum, Lam. Lowest leaves obovate, the others narrow- linear, with revolute margins, and numerous smaller ones clustered in the axils ; cymes mostly 3-flowered, lateral and terminal ; sepals like the leaves, mostly shorter than the obovate one-angled petals. — Var. ASPALATHOIDES has very short (2" -3") and wider leaves and sepals, the latter one third as long as the smaller petals. — Margins of pine barren ponds, Florida to North Carolina and west- ward. July and August. — Shrub 2° -6° high. Leaves 6" -12" long, con- spicuously dotted, glossy. Capsule oblong-linear. 7. H. galioides, Lam. Leaves linear-oblanceolate, obtuse, tapering to the base, glossy above, rigid ; those in the axils clustered ; cymes lateral and ter- minal, few-flowered, or the terminal ones compound ; sepals equal, linear, acute, shorter than the petals ; capsules acute. — Pine barrens, Florida to South Caro- lina and westward. Var. ambiguum. (H. ambiguum, Ell.? Torr. $- Gray.) Leaves oblanceo- late, mucronate, pale and thin ; sepals unequal, lanceolate, narrowed at the base, longer than the petals. — River swamps, Florida. Juty and August. — Stems 30-40 high. Branches often elongated. Leaves l'-l\|' long. 8. H. myrtifolium, Lam. Leaves cordate-oblong and partly clasping, mostly obtuse, glaucous ; cymes few-flowered, terminal ; sepals leaf-like, ovate, acute, as long as the obovate petals ; stamens very numerous ; capsule conical- ovate. (H. glaucum, Michx.) — Pine barren ponds, Florida to South Carolina and westward. May - September. — Shrub 1° - 2° high, with spreading terete branches. Leaves thick, 1' long. Flowers 1' wide. 9. H. aureum, Bartram. Leaves oblong, mucronate, narrowed at the base, wavy on the margins, glaucous beneath ; flowers very large, mostly solitary at the summit of the 2-edged branches ; sepals leaf-like, shorter than the thick and tardily deciduous petals ; stamens very numerous ; capsule ovate, much smaller IIYPERICACE^E. (ST. JOHN's-WORT FAMILY.) 41 than the calyx. (II. amoenum, Pursh.) — Banks of the Flint River, Georgia to Tennessee, and westward. June -August. — Stem 2° high, diffusely branched. Leaves 2' -3' long. Flowers 2' wide, with recurved orange- colored petals. •-• ++ Cymes lea/less, bracted. 10. H. nudiflorum, Michx. Branches 4-angled ; leaves oblong, obtuse, narrowed at the base, paler beneath ; cymes terminal, pedunclecl, 5- 15-flowered ; bracts subulate ; buds globose ; petals oval, twice as long as the oval sepals ; capsule ovate, longer than the calyx. — Low grounds, Florida and northward. July and August, — Shrub 2° -3° high. Leaves thin, i'-2' long. Flowers £' wide. Petals recurved. 11. H. cistifolium, Lam. Branches 2-eclged ; leaves rigid, linear-oblong, sessile ; cymes terminal, compound, many-flowered ; bracts subulate ; buds ovate ; petals spreading, obovate, twice as long as the oblong, unequal sepals ; capsule 3-lobed, ovate, longer than the sepals. (H. rosmarinifolium, Ell.) — Pine barren swamps, near the coast, Florida to South Carolina and westward. July- September. — Shrub 2° - 3° high. Leaves very numerous, 1 ' long. Flow- ers £' wide. Valves of the capsule strongly impressed on the back. 12. H. fastigiatum, Ell. " Branches somewhat compressed ; leaves nar- row-lanceolate, very acute ; corymbs terminal, many-flowered, fastigiate ; styles united. — Pine barrens of Scriven County, Georgia. May -July. — Shrub 3° high. Leaves 3' long, narrowed but connate at the base. Flowers very numer- ous." Elliott. ( ) -i— -i— Herbs : styles distinct. 13. H. graveolens, Buckl. Stem smooth, terete, nearly simple ; leaves oblong-ovate, obtuse, clasping ; cymes lateral and terminal, many-flowered ; petals oblong-obovate, much longer than the lanceolate acute sepals ; stamens collected in three sets, as long the petals ; styles slender, twice as long as the ovary. — Mountains of North Carolina. July and August. — Stem 2° - 3° high. Leaves 2' long. Flowers large. 14. H. pilosum, Walt. Downy; stem terete, mostly simple, slender; leaves small, lance-ovate, acute, erect, sessile ; cymes compound ; styles short. (II. simplex, Mich.) — Wet pine barrens, Florida to North Carolina and west- ward. July and August. ® ? — Stems l°-2° high. Leaves £' long. Flowers 5" -6" wide. 15. H. angulosum, Michx. Smooth; stem 4-angled, branching ; leaves ovate-lanceolate, acute, sessile; cymes leafy, many-flowered, the branches often simple ; sepals ovate, shorter than the petals, longer than the ovate capsule. — Varies (H. acutifolium, Ell.) with larger shining leaves, compound and nearly leaf- less cymes, and more crowded flowers. — Pine barren ponds (the var. in dry soil), Florida to North Carolina and westward. June - August. — Stem 2° -3° high. Leaves 6"- 12" long. Flowers small. Styles longer than the capsule. § 2. Stamens 5-20 : capsule strictly l-celled : styles separate : annuals. * Flowers in cymes. 16. H. mutilum, L. Stems slender, branching above, 4-angled, leaves oblong or roundish, obtuse, clasping, 5-nerved ; cymes leafy at the base ; sepals 4* 42 CLUSIACE^. (BALSAM-TREE FAMILY.) lanceolate, mostly longer than the small petals, and equalling the (green) ovoid capsule; stamens 6-12. (H. parviflorum, Muhl. H. quinquenervium, Walt.) — Ditches and low grounds, common. June-August. — Stem 1° high. Branches of the cyme filiform. Flowers very small, remote. 17. H. Canadense, L. Stems simple or branched, 4-anglod ; leaves lin- ear or linear-lanceolate, the upper ones acute, sessile ; sepals lanceolate, acute, longer than the petals, shorter than the oblong (brown) capsule. — Wet sandy places, Florida and northward. June -Oct. — Stem 4' -12' high, with the branches erect. Flowers small, copper-yellow. Stamens 5 -10. * * Flowers scattered on the slender branches : leaves minute. 18. H. Sarothra, Michx. Stem much branched ; branches erect, filiform ; leaves minute, subulate, bract-like; flowers small, sessile; sepals scarcely half as long as the lanceolate purple capsule. — Sandy old fields. Florida and north- ward. June - August. — Stems 6' - 12' high. Stamens 5 - 10. 19. H. Drummondii, Torr. & Gray. Stem much branched ; leaves lin- ear or the lower ones oblong, acute, appressed ; sepals barely shorter than the ovate capsule; flowers pedicelled. — Dry barren soil, Florida, South Carolina, and westward. July and August. — Stems and branches stouter than the last. Stamens 10-20. 3. ELODEA, Adans. Sepals 5. Petals 5, equal-sided, imbricated in the bud. Stamens mostly 9, and united in sets of three, with a scale-like gland between each set. Styles 3, distinct. Capsule 3-celled, 3-valved, many-seeded. Smooth perennial herbs. Flowers rose-color, in contracted lateral and terminal cymes. 1. E. Virginica, Nutt. Leaves oblong or oval, cordate, clasping, con- spicuously dotted beneath ; stamens united below the middle.. — Swamps, Florida and northward. July and August. — Stems terete, l°-2° high. 2. E. petiolata, Pursh. Leaves oblong, narrowed at the base, short-peti- oled, obscurely dotted beneath; stamens united above the middle. — "With the preceding. July and August. — Stem 2° high. ORDER 19. CL,USIACE^E. (BALSAM-TREE FAMILY.) Trees or shrubs, with resinous yellow juice, opposite coriaceous entire dotless leaves articulated with the stem, and regular hypogynous flowers. Sepals 3-6. Petals 4-9. Stamens mostly numerous, distinct or variously united. Ovary 1 - many-celled, few - many-ovuled. Style single, often none. Fruit capsular, baccate, or drupaceous. Seeds without albumen. Embryo straight. Cotyledons thick, distinct or united. 1. CLITSIA, L. Calyx 2-bracted, of 6 imbricated, colored sepals. Petals 4-9. Stamens nu- merous, the filaments united at the base into a thick and fleshy tube. Ovary PORTULACACE^. (PURSLANE FAMILY.) 43 5-15-cellcd. Ovules numerous, fixed to a central column. Stigma large, radiate-peltate. Capsule coriaceous, globose-angled, 5-15-celled; the valves separating from the central column at maturity. Seeds numerous, ovate. — Par- asitical tropical trees, with thick, opposite, entire and shining leaves, and chiefly polygamous, cymose, showy flowers. 1. C. flava, L. Leaves short-stalked, obovate, obtuse or emarginate, finely veined ; flowers polygamous, single or by threes, on short axillary and terminal peduncles; sepals rounded ; petals 4, oval, thick, yellow and unequal; stamens short and thick; stigma about 12-rayed; capsule pear-shaped, 12-seeded, the seeds imbedded in soft pulp. — South Florida. — A small tree. 2. CANELLA, P. Brown. Sepals 3, rounded, concave, imbricated in the bud, persistent. Petals 5, hy- pogynous, oblong, convolute in the bud, deciduous. Stamens united into a tube. Anthers 15 (21 Endl.}, adnate, linear. Ovary 3-celled. Style cylindri- cal. Stigmas 3. Berry globose, 1 - 3-celled, mostly 2-seeded. Seeds globose- reniform. Embryo minute, in fleshy albumen. — A large tree. Leaves alter- nate, near the ends of the branches, obovate, emarginate, glabrous, on short petioles. Racemes compound, shorter than the leaves, terminal. Pedicels 1- flowered. Flowers small, purple. (The proper place of this genus is undeter- mined, but it has been referred to this order.) 1. C. alba, Swartz. — South Florida. August. — Tree aromatic. Leaves 2' long. Berry black. ORDER 20. PORTTJJLACACEy~E. (PURSLANE FAMILY.) Succulent plants, with entire leaves and regular hypogynous or peri- gynous flowers. Sepals 2-5. Petals 3-6, imbricated in the bud, some- times wanting. Stamens as many as the petals and opposite them, or indefinite. Styles 3 -6, mostly united below, stigmatic along the inside. Capsule 1 - 5-celled, few - many-seeded. Seeds campylotropous, erect from the base of the cell, or attached to a central placenta. Embryo slen- der, curved around mealy albumen. Synopsis. * Sepals 2. Petals 5 -6. 1. CLAYTONIA. Petals and stamens 5. Capsule 3-valved, 3- 6-seeded. 2. TALINUM. Petals 5. Stamens 10-30. Capsule 3-valved, many-seeded. 3 PORTULACA. Petals 5 -6. Stamens 8 -20. Capsule circumscissile. * * Sepals 5. Petals none. 4. SESUVIUM. Stamens 5 -60, inserted on the calyx. Capsule circumscissile. 1. CLAYTONIA, L. SPRING-BEAUTY. Sepals 2, free, persistent. Petals 5, hypogynous. Stamens 5, inserted on the claws of the petals. Style 3-cleft. Capsule 1-celled, 3-valved, 3 -6-seeded. — 44 PORTULACACE^E. (PURSLANE FAMILY.) Smooth herbs, with a simple stem bearing two opposite leaves, and terminated with a loose raceme of pale rose-colored, veiny flowers. 1. C. Virginica, L. Leaves long (3'- 6'), linear, acutish ; petals mostly emarginate, but sometimes acute. — Damp rich soil in the upper districts. March. — Plant 4' - 10' long. 2. C. Caroliniana, Michx. Leaves short (l'-2'), ovate-lanceolate or oblong, tapering at the base, obtuse ; petals obtuse. — Mountains of North Caro- lina and northward. March and April. — Smaller than the last. 2. TALINUM, Adans. Sepals 2, free, deciduous. Petals 5, hypogynous. Stamens 10-30. Style 3-lobed. Capsule 3-celled at the base, 3-valved, many-seeded. — Smooth and fleshy herbs, with alternate leaves and cymose flowers. 1. T. teretifolium, Pursh. Stem thick, leafy; leaves linear-cylindrical ; cymes on long peduncles ; petals purple, fugacious. — Rocks, North Carolina and northward. June - Aug. 1J. — Stems 2' - 4' long. Peduncles 5' - 8' long. 3. PORTULACA, Tourn. PURSLANE. Sepals 2, united and cohering with the ovary below, the upper portion circum- scissile and deciduous with the upper part of the capsule. Petals 4-6, inserted with the 8-20 stamens on the calyx. Style 3 - 8-parted. Capsule globose, 1 -celled, many-seeded. — Low, fleshy herbs, with terete or flat, mostly alternate leaves, and fugacious yellow or purple flowers. 1 . P. Oleracea, L. Leaves flat, cuneate, naked in the axils ; flowers yel- low ; stamens 10-12. — Cultivated ground everywhere. — Stem prostrate. 2. P. pilosa, L. Leaves linear, obtuse, with a tuft of hairs in the axils ; flowers purple ; stamens about 20. — Key West, Florida. 4. SESUVIUM, L. SEA PURSLANE. Sepals 5, free, united at the base, persistent, colored within. Petals none. Stamens 5, or numerous, inserted on the calyx. Styles 3-5. Capsule 3-5- celled, many-seeded, circumscissile. — Prostrate and fleshy maritime plants, with nearly opposite and entire leaves, and axillary purplish flowers. 1. S. portulacastrum, L. Leaves lanceolate and oblong, acute, on winged and clasping petioles ; flowers pedicelled ; sepals fleshy, lanceolate, mu- cronate, purple within ; stamens numerous. — Sandy or muddy places along the coast, Florida and northward. May - December. 1J. — Stems diffuse, creep- ing, forming mats which are sometimes 6° in diameter. 2. S. pentandrum, Ell. Leaves spatulate-obovate, obtuse, on slightly winged and clasping petioles ; flowers sessile ; sepals ovate-lanceolate, stamens 5. — Muddy saline coves, Florida to North Carolina. May - November. (1) ? — Stems (often erect) and flowers smaller than in the preceding. CARYOPHYLLACE^E. (PINK FAMILY.) 45 ORDER 21. CARYOPHYLLACE^E. (PINK FAMILY.) Herbs with tumid joints, entire opposite or whorled, often connate leaves, and regular hypogynous or perigynous cymose flowers. Stipules dry and searious, or none. — Sepals 4-5, imbricated in the bud, persistent. Petals 4-5, often stamen-like or none. Stamens as many as the sepals and op- posite them (except Mollugo), or twice as many, or by abortion fewer. Ovary free, 1 - 5-celled, with the amphitropous or campylotropous ovules attached to a central placenta. Styles 2-5, distinct or partly united, stigmatic along the inner side. Fruit valvate or indehiscent, 1 - many- seeded. Embryo curved, or forming a ring around mealy albumen. Synopsis. TRIBE I. HjL.ECEBRE^E. Sepals distinci or united below. Petals often stamen- like or wanting. — Leaves with scarious stipules. * Fruit indehiscent, 1-seeded (utricle). 1. PARONYCHIA. Sepals united at the base. Stamens inserted on the base of the sepals. • Style long. Utricle included. 2. ANYCHIA. Sepals distinct. Stamens inserted on the base of the sepals. Style very short. Utricle partly exserted. 3. SIPIIONYCHIA. Sepals united into a tube below the middle. Stamens inserted on the tube of the calyx. Style long. * * Fruit valvate, few - many-seeded. •i- Leaves opposite. 4. STIPULICIDA. Stem-leaves minute ; the lowest spatulate. Flowers in terminal clusters. 5. SPERGULARIA. Leaves all linear. Flowers solitary, axillary. •i- •- Leaves whorled. 6. SPERGULA. Styles 5. Stamens 5 - 10. Capsule 5-valved. 7. POLYCARPON. Styles 3. Stamens 3 -5. Capsule 3- valved. TRIBE II. MOI^IiUGIlVE^E. Stamens alternate with the sepals, when of the same number ; when three, alternate with the cells of- the ovary. — Stipules none. 8. MOLLUGO. Capsule 3-celled. Leaves whorled. TRIBE III. ALSINEJE. Sepals separate or nearly so. Stamens opposite the sepala when of the same number. Ovary sessile. — Stipules none. Valves of the capsule as many as the styles. 9. S AGIN A. Styles and valves 4-5. 10. ALSINE. Styles and valves 3. * * Valves or teeth of the capsule twice as many as the styles. 11. ARENARIA. Valves of the capsule 2-4, each soon 2-cleft- Petals entire. 12. STELL ARIA. Valves of the capsule 6 - 10. Petals 2-cleft. 13. CERASTIUM. Capsule 8-10-toothed. TRIBE IV. SILENE^E. Sepals united into a tube. Petals and stamens inserted on the stipe of the ovary. — Stipules none. 14. SILENE. Styles 3. Capsule 6- toothed. 15. SAPONARIA. Styles 2. Capsule 4 -toothed. 16. AGROSTEMMA. Styles 5. Capsule 5-toothed. 46 CARYOPHYLLACE^E. (PINK FAMILY.) 1. PAKONYCHIA, Tourn. Sepals 5, united at the base, concave and mucronate or awned at the apex. Petals bristle-like or tooth-like, alternate with the 5 stamens, and inserted with them on the base of the calyx. Style long, 2-cleft. Utricle included. Seed resupinate. Radicle superior or ascending. — Low herbs, with conspicuous sil- very stipules, and minute flowers in loose or compact cymes. 1. P. dichotoma, Nutt. Smooth; stems slender, erect; leaves linear- subulate ; those of the barren stems imbricated ; cymes fastigiate, diffuse ; se- pals lineai, 3-ribbed, slender-pointed; petals minute, bristle-like. (Anychia argyrocoma, Ell) — Rocks on the mountains of North Carolina, and westward. July - Nov, 1J. — Stems 6' - 1 2' high. 2. P. argyrocoma, Nutt. Minutely pubescent ; stems tufted, ascending ; leaves linear, acute ; cymes capitate, the flowers concealed by the large silvery stipules ; sepals lanceolate, hairy, slender-pointed ; petals minute, tooth-like. — Mountains of Georgia and North Carolina. July -Sept. 1J. — Stems 6' -10' high. Stipules nearly as long as the leaves. 3. P. herniarioides, Nutt. Rough-pubescent ; stems prostrate, diffusely- branched ; leaves oval or oblong, mucronate ; flowers axillary, solitary, sessile ; sepals subulate, with a short and spreading point. (Anychia herniarioides, Michx.) — Dry sand ridges in the middle districts, Georgia to North Carolina. July - Oct. CD — Stems 4' - 6' long, Leaves 3" - 4" long. 4. P. Baldwin!!. Finely pubescent ; stems prostrate, diffusely-branched ; branches alternate, one-sided, filiform; leaves lanceolate or ovate-lanceolate, acute, narrowed into a petiole ; cymes diffuse, naked ; sepals oblong, 3-ribbed, ciliate, short-pointed ; petals bristle-like, as long as the stamens ; utricle equal- ling or rather longer than the sepals; style 2-cleft to the middle. (Anychia Baldwinii, Torr. $ Gray.) — Dry sandy soil, Florida and Georgia. July -Oct. © and (2) — Stems l£°-3° long. Upper leaves sometimes alternate. 2. ANYCHIA, Michx. Sepals 5, distinct, slightly mucronate at the apex. Petals none. Stamens 2-3, inserted on the base of the calyx. Style very short. Stigmas spreading. Utricle exserted. Seed erect. Radicle inferior. — An erect slender annual, with forking setaceous spreading branches. Leaves thin, oblong, obtuse, nar- rowed at the base. Flowers minute, solitary or clustered in the forks of the branches, greenish. 1. A. dichotoma, Michx. (Queria Canadensis, L.) — Barren hills, South Carolina and northward. July and August. — Stem 4' - 10' high. 3. SIPHONYCHIA, Torr. & Gray. Sepals 5, united to the middle, concave and petal-like above, obtuse or mu- cronate. Petals 5, bristle-like, inserted with the 5 stamens on the throat of the calyx. Style slender, 2-cleft. Utricle included. Seed resupinate. Radicle superior. — Erect or diffusely prostrate herbs. Cymes dense-flowered. Flowers white. CARYOPHYLLACE^E. (PINK FAMILY.) 47 1. S. Americana, Torr. & Gray. Stems prostrate, diffuse, pubescent in lines; leaves lanceolate, narrowed at the base; the radical ones larger and crowded ; flowers obovate, solitary in the forks of the stem, and clustered at the end of the branches ; sepals rounded and incurved at the apex, the tube bristly with hooked hairs; petals minute. (Herniaria Americana, Nutt. Paronychia urceolata, Shuttl ) — Sandy banks of rivers, Florida to South Carolina, and westward. June -Oct. (l) or (2) — Stems l°-3° long. Leaves sometimes falcate and incrustcd with brownish particles. Stipules small. 2. S. diffusa, n. sp. Pubescent; stems prostrate, diffusely-branched; leaves lanceolate, obtuse, narrowed at the base ; flowers small, in compact, rectangular cymes, terminating all the branches ; sepals linear, slightly concave and mucro- nate at the apex, the tube bristly with hooked hairs ; petals bristle-like. — Dry sandy pine barrens, Florida. June -Oct. Q) — Stems 1° long. Stipules con- spicuous, on young plants half as long as the leaves, at length 2-partcd. Cymes very numerous. 3. S. erecta, n. sp. Stems smooth, clustered, erect, rigid, mostly simple ; leaves erect, linear, acute, pubescent on the margins, those of the barren stems imbricated ; cyme compound, rectangular, fastigiate, compact ; sepals lanceolate, smooth, acutish, or obscurely mucronate at the apex, the tube smooth and fur- rowed ; petals bristle-like, half as long as the stamens. — Sands along the west coast of Florida. June -Nov. 1J. — Root Avoody. Steins G'- 12' high. Stip- ules half as long as the leaves. 4. S. Rugelii. Annual; stem erect, successively forking, clothed with a short and rather dense pubescence, as also the leaves and bracts ; leaves oblance- olate, abruptly pointed, shorter than the internodes, the upper ones linear ; stip- ules \|-£ as long as the leaves, soon 2-4-parted; cymes numerous, terminal, rather loosely flowered ; calyx-tube short, pubescent, the linear-lanceolate divis- ions conspicuously mucronate, white ; petals bristle-like ; style included. (Pa- ronychia Rugelii, Shuttl.) — East Florida. — Stems 1° high, at length diffuse ? 4. STIPULICIDA, Michx. Sepals 5, emarginate, white-margined. Petals 5, spatulate, 2-toothed near the base, fonger than the sepals, withering-persistent. Stamens 3, opposite the inner sepals. Style very short, 3-parted. Capsule 1-celled, 3-valvcd, many- seeded. — A small perennial, with an erect forking stem. Stem-leaves minute, subulate, with adnate pectinate stipules. Radical leaves spatulate, clustered, growing from a tuft of bristly stipules. Flowers white, in terminal clusters. 1. S. setacea, Michx. — Low sandy pine barrens, Florida to North Caro- lina. April - June. — Stem 3' - 6' high, the branches spreading and curving. 5. SPERGULARIA, Pcrs. Sepals 5. Petals 5, oval, entire. Stamens 2-10. Styles 3-5. Capsule 3 - 5-valved ; the valves when 5, alternate with the sepals. — A low maritime htrb, with opposite fleshy leaves, and conspicuous scarious stipules. Flowers axillary, solitary, rose-colored. 48 CARYOPHYLLACE.E. (PINK FAMILY.) 1. S. rubra, Pers. — Sands or marshes along the coast, Florida and north- ward. April and May. £D — Stems prostrate, much branched. Leaves linear, longer than the joints. Seed with or without a membranaceous margin. 6. SPERGULA, L. SPURREY. Sepals 5. Petals 5, entire. Stamens 5 or 10. Styles 5. Capsule 5-valved, the valves opposite the sepals. Embryo forming a ring around the albumen. — Leaves Avhorled. Flowers cymose, white. 1. S. arvensis, L. Stem erect; leaves fleshy, narrow-linear, several in a whorl; cyme loose, long-peduncled ; fruiting pedicels reflexed ; stamens 10; seeds rough. — Cultivated fields, Florida and northward : introduced. (J) . 7. POLYCARPON, L. Sepals 5, carinate. Petals 5, emarginate, shorter than the sepals. Stamens 3-5. Styles 3, very short. Capsule 3-valved. — Low annuals, with whorled leaves, and minute flowers, in terminal cymes. 1. P. tetraphyllum, L. Stems (3' -6') forking, diffuse; leaves spatti- late-obovate, the lower ones 4 in a whorl, the upper opposite; sepals acute; stipules conspicuous. — Near Charleston. Introduced. May and June. 8. MOLLUGO, L. Sepals 5. Petals none. Stamens 5 and alternate with the sepals, or 3 and alternate with the cells of the ovary. Styles 3, short. Capsule 3-valved, 3-cclled, many-seeded. — Prostrate diffusely-branched annuals. Leaves whorled. Flow- ers white, on slender axillary peduncles. 1. M. verticillata, L. Smooth; leaves spatulatc-lanceolate, unequal, in whorls of 4 - 8 ; fruiting peduncles reflexed ; stamens 3. — Cultivated ground, common. Introduced. May -August. 9. SAGI3STA, L. Sepals 4-5. Petals 4-5, entire, or wanting. Stamens 4 - 10. Styles 4-5, alternate with the sepals. Capsule 4 - 5-valved ; the valves entire, opposite the sepals. — Small herbs, with filiform forking stems, subulate leaves, and solitary flowers. 1. S. Elliottii, Fenzl. Smooth; stems erect or ascending, tufted ; pedun- cles erect; petals and sepals 5, equal, obtuse; stamens 10. (Spergula dccum- bens, Ell.) — Damp cultivated ground, common. April -June. (1) — Stems 2' -6' high. Peduncles 2-3 times as long as the sharp-pointed leaves. 10. ALSINE, Tourn. Sepals 5. Petals 5. Stamens 10. Styles 3. Capsule 1-celled, 3-valved, the valves entire, opposite the inner sepals. — Low slender herbs, with linear or sub- ulate leaves, and white cymose or solitary flowers. CARYOPHYLLACE^E. (PINK FAMILY.) 49 1. A. squarrosa, Fenzl. Stems tufted; leaves subulate, rigid, those of the glandular flowering stems distant, of the sterile stems imbricated, with spreading tips ; sepals ovate, obtuse, shorter than the capsule. (Arcnaria squar- rosa, Michx.) — Dry sand-hills, West Florida and northward. April and May. 1J. — Stems 6'- 10' high. Cymes few-flowered. Pedicels rigid. 2. A. glabra, Gray. Smooth ; stems filiform, sparingly branched ; leaves tender, narrow-linear, obtuse, spreading ; cyme few-flowered, spreading ; sepals oblong, obtuse, faintly 3-ribbed, as long as the capsule. ( Arenaria glabra, MicJix.) — Mountains of North Carolina. July. ty ? — Stems tufted, 4' - 6' high. Cymes leafy. Pedicels setaceous. Leaves ^'-1' long. 3. A. patula, Gray. Minutely pubescent; stem filiform, diffusely branched from the base; leaves narrow-linear, spreading; cyme spreading, few -many- flowered ; pedicels very slender ; petals spatulate, emarginate, twice the length of the lanceolate acute 3-5-nerved sepals. (Arenaria patula, Michx.) — Rocks around Knoxville, Tennessee, and northward. — Stems 6'- 10' high. 4. A. Michauxii, Fenzl. Smooth ; stems tufted, erect or diffuse, straight ; leaves linear-subulate, erect, spreading or recurved, much clustered in the axils ; cymes spreading or contracted ; petals oblong-obovate, twice as long as the rigid ovate acute 3-ribbed sepals. (Arenaria stricta, J^fichx.) — Rocks and barren soil, Georgia and northward. May and June. — Stems 3' - 10' high. 5. A. brevifolia. Stems smooth, not tufted, erect, filiform, simple, 2-5-flowercd; leaves minute (l"-2"), erect, lance-subulate; sepals oblong, obtuse, as long as the capsule ; petals twice as long as the sepals. (Arenaria brevifolia, Nutt.) — Rocks in the upper districts of Georgia. (T) — Stems 2' -4' long, bearing 3 or 4 pairs of leaves. Flowers small, on filiform peduncles. 11. ARENARIA, L. SANDWORT. Petals 1-5, or none. Styles 2-4. Capsule opening above by as many valves as there are styles, each valve soon splitting into two pieces. Otherwise like Alsine. 1. A. diffusa, Ell. Downy; stem elongated, prostrate, alternately short- branched ; leaves lanceolate ; peduncles longer than the leaves, lateral, re- flexed in fruit ; petals 1-5, shorter than the sepals, often wanting. (Stellaria elongata, Nutt. Micropetalon lanuginosum, Pers.) — Shady banks, Florida to North Carolina and westward. May- October. 1J. — Stems 1° -4° long. 2. A. serpyllifolia, L. Downy; stems diffusely branched; leaves small, ovate, acute, the lowest narrowed into a petiole ; flowers cymose ; petals much shorter than the lanceolate acuminate sepals. — "Waste places, Florida and north- ward. Introduced. April and May. © — Stems 6'- 12' long. Leaves £' long. 12. STELLARIA, L. CHICKWEED. STARWORT. Sepals 4 - 5. Petals 4-5, 2-cleft, or 2-parted. Stamens 3-10. Styles 3-5, opposite the sepals. Capsule 1 -celled, opening by twice as many valves as there are styles, many-seeded. — Stems weak. Flowers white, on terminal peduncles, becoming lateral in fruit. 5 50 CARYOPHYLLACE^E. (PINK FAMILY.) 1. S. pubera, Michx. Perennial; stems erect or diffuse, forking, hairy in lines ; leaves oblong, acutish, narrowed at the base, sessile ; petals longer than the sepals. — Shady rocks in the upper districts and northward. April and May. — Stems 6' - 12' high. Flowers showy. 2. S. media, Smith. Annual; steins prostrate, forking, pubescent in lines; leaves ovate or oblong, acute, the lower ones petioled ; petals shorter than the sepals. — Yards and gardens. March and April. Introduced. 3. S. prostrata, Baldw. Smooth or nearly so ; stems forking, prostrate ; leaves ovate, acute, all on slender petioles, the lower ones often cordate ; petals twice as long as the sepals ; seeds rough-edged. — Damp shades, Georgia, Flor- ida, and westward. March and April. Qj — Stems l°-2° long. Petiole mostly longer than the limb. 4. S. uniflora, "Walt. Smooth ; stems erect from a prostrate base ; leaves remote, narrow-linear, sessile; peduncles very long (2' -4'), erect; petals obcor- date, twice as long as the calyx. — lliver swamps, South Carolina and North Carolina. May. ® ? — Stems 6' -12' high. Leaves 1' long. — Perhaps a species of Alsinc. 13. CERAlSTIUM, L. MOUSE-EAR. Sepals 4 -5. Petals 4 -5, obcordate or 2-cleft. Stamens 10. Styles 4-5. Capsule cylindrical, 8 - 10-toothed, many-seeded. — Herbs. Flowers Avhite, soli- tary or cymose, peduncled. * Petals not longer than the sepals. 1. C. VUlgatlim, L. Villous and somewhat clammy ; stems ascending ; leaves oval, remote, the lowest obovatc ; cymes crowded in the bud, spreading in fruit ; sepals lanceolate, acute, as long as the peduncles, and half as long as the slender capsule. — Fields, Florida and* northward. April and May. (J) — Stems 6' -12' high. 2. C. viSGOSUm, L. Hairy and clammy ; stems ascending ; leaves lance- oblong, obtuse, the lowest wedge-shaped ; cymes loose in the bud ; sepals oblong- ovate, obtuse, shorter than the peduncles. — Fields, Florida and northward. April and May. ® — Flowers and capsules larger than in No. 1. * * Petals longer than the sepals. 3. C. arvense, L. Hairy or downy ; stems numerous, naked above ; leaves narrowly or broadly lanceolate ; cymes rather few-flowered ; petals obcordate, twice as long as the oblong sepals. — Rocky or dry soil, chiefly in the upper districts. May and June. 1J. — Stems G'- 12' high. Leaves seldom 1' long. Flowers ^' wide. Capsule rather longer than the calyx. 4. C. nutans, Raf. Clammy-pubescent ; stems tufted, furrowed ; leaves lanceolate ; cymes ample, many-flowered ; petals oblong, emarginate, rather longer than the oblong sepals. — Low grounds, North Carolina and Tennessee, and northward. (3) — Stems 1° high. Peduncles long. Capsule curved, three times as long as the calyx. CARYOPHYLLACEvE. (PINK FAMILY.) 51 14. SILENE, L. CATCHFLY. Sepals united into a 5-toothed tube. Petals 5, long-clawed, inserted with the 10 stamens on the stipe of the ovary, commonly crowned with two scales at the base of the limb. Styles 3. Capsule 1-celled, or 3-cellcd at the base, opening by 6 teeth, many-seeded. — Leaves mostly connate. Flowers cymose, often showy. * Perennials : flowers showy. -»- Petals gash-fimbriate, crownless. 1. S. Stellata, Ait. Leaves in whorls of four, lance-ovate, acuminate, the uppermost opposite ; flowers white, in a large spreading panicle ; calyx in- flated, ball-shaped. — Dry woods in the upper districts, and northward. June- August. — Stems 2° -3° high, downy, branching above. 2. S. ovata, Pursh. Eough-pubescent ; leaves largo (4' -5'), opposite, oblong-ovate, acuminate ; flowers white, in a contracted lanceolate panicle ; calyx tubular. — Mountains of Georgia and Carolina. July. — Stems stout, 2° -4° high. 3. S. Baldwin!!, Nutt. Villous ; stems low, slender, bearing runners at the creeping base ; leaves opposite, spatulate ; the upper ones oblong, sessile ; cymes few-flowered ; flowers very large, white or pale rose-color, on slender ped- icels ; calyx tubular. — Low shady woods, Georgia and Florida. April and May. — Stems 6' - 12' high. Leaves thin. Flowers 2' wide. •»- H- Petals emarginate or 2-cleft, crowned. 4. S. Virginica, L. Clammy-pubescent; leaves abruptly pointed, the low- est ones clustered, spatulate-obovate, on fringed petioles, the upper small, remote, lanceolate, sessile ; cymes loosely few-flowered ; calyx tubular-club-shaped, ob- long and nodding in fruit ; petals crimson, lanceolate, 2-cleft. — Rich open woods, chiefly in the upper districts. June and July. — Stems l°-2° high. Flowers 1' wide. 5. S. regia, Sims. Viscid-pubescent and roughish ; stem tall (3° - 4°) and erect, branched; leaves ovate -lanceolate, the upper ones acuminate; flowers large, bright scarlet, short-stalked, clustered and forming a strict panicle ; calyx long, cylindrical, striate, dilated in fruit ; petals oblanceolate, generally entire ; stamens and style exserted. — Prairies of Alabama and westward. July. 6. S. rotundifolia, Nutt. Hairy and viscid; stems weak, decumbent, branched; leaves thin, roundish, abruptly acuminate at each end, the lowest obovate ; flowers few, large, bright scarlet ; calyx cylindrical ; petals 2-cleft, with the lobes cut-toothed. — Shady rocky banks, Tennessee and northward. June- August. — Stems 2° long. Flowers showy. 7. S. Pennsylvanica, Michx. Clammy-pubescent; stems low, clus- tered ; lowest leaves spatulate-obovate, the upper lance-oblong, mostly obtuse ; cymes dense-flowered ; calyx club-shaped, erect ; petals white or rose-color, ob- ovate, emarginate or entire. — Rocky hills, chiefly in the upper districts and northward. March and April. — Stems 6' - 12' high. 52 MALVACEAE. (MALLOW FAMILY.) * Annuals : flowers small, crowned, expanding at night. 8. S. Antirrhina, L. Stem slender, smoothish, clammy below the upper joints ; leaves linear, acute, sessile, the lowest lanceolate, nan-owed into a petiole ; flowers panicled ; calyx smooth ; petals obcordate, rose-colored. — Dry old fields, Florida and northward. May and June. — Stems 6' - 2° high, simple or branched. Flowers minute. 9. S. quinquevulnera, L. Hairy ; stem branching ; leaves spatulate, the upper ones linear; flowers in 1-sided racemes; calyx hairy; petals rounded, entire, pink or crimson with a paler border. — Near Charleston. Naturalized. — Stem 1° high. 15. SAPONARIA, L. SOAPWORT, Calyx tubular, terete, 5-toothed. Petals long-clawed. Stamens 10. Styles 2. Capsule sessile or short-stiped, 1-celled, or 2-celled at the base, 4-toothed at the apex. — Cymes dense-flowered. 1. S. officinalis, L. Perennial; stems stout, erect, smooth ; leaves ovate, connate, strongly 3-ribbed ; petals crowned, white or rose-color, mostly double. — Waste places. Naturalized. — Stems 1° - 2° high. 16. AGROSTEMMA, L. CORN-COCKLE. Calyx tubular, with 5 elongated linear deciduous lobes. Petals 5, entire, crownless. Stamens id. Styles 5. Capsule 1-celled, 5-toothed. — Annual or biennial pubescent herbs, with linear leaves, and showy purple flowers on elon- gated peduncles. 1. A. GithagO, L. Plant (l°-2° high) whitened with long appressed hairs ; stem forking ; petals obovate, emarginate, shorter than the lobes of the calyx. — Grain fields. Introduced. June and July. (J) — Peduncles 4' - 6' long. Flowers 1' wide. ORDER 22. MAL.VACEJE. (MALLOW FAMILY.) Mucilaginous herbs or shrubs, with palmately veined alternate stipulate leaves, and regular monadelphous flowers on jointed peduncles. — Sepals 5, united at the base, valvate in the bud, persistent, often with a calyx- like involucel. Petals 5, convolute in the bud. Stamens numerous, united into a column which is continuous with the claws of the petals: anthers 1-celled, opening transversely. Ovaries united into a ring, or forming a several-celled capsule. Styles separate or united. Seeds kidney-shaped. Albumen scarce or none. Embryo large, curved, Ivith leafy cotyledons. Pubescence commonly stellate. Pollen grains hispid, Synopsis. TRIBE I. MA1.VE.33. — Carpels as many as the stigmas, 1 -few-seeded, disposed in a circle around a central axis, separating at maturity from the axis and from each other. An- thers borne at the apex of the column. MALVACEAE. (MALLOW FAMILY.) 53 * Carpels 1 -seeded. ••- Stigmas occupying the inner face of the styles. 1. MALVA. Carpels beakless. No process within. 2. CALLIRRHOJE. Carpels beaked, and bearing a dorsal process above the seed within. •t- -i- Stigmas capitate. 3. MALVASTRUM. Involucel 2 - 3-leaved. Ovule peritropous-ascending. Radicle inferior. 4. SIDA. Involucel none. Ovule resupinate-pendulous. Radicle superior. * * Carpels 2 -few-seeded. 5. ABUTILON. Carpels 1-celled. Involucel none. 6. MODIOLA. Carpels transversely 2-celled. Involucel 3-leaved. TRIBE. II. TJRENE-^E. —Carpels half as many as the stigmas, separating at maturity. Anthers borne above the middle of the column. 7. PAVONIA. Carpels 5, dry, 1-seeded. Involucel 5 - 15-leaved. TRIBE III. IIIBISCEJE. — Carpels as many as the stigmas, united and forming at ma- turity a loculicidal capsule. Column bearing the anthers throughout, or from above the middle. 8. KOSTELETZKYA. Cells of the depressed capsule 1-seeded. 9. HIBISCUS. Cells of the globose or oblong capsule few - many-seeded. 1. MALVA, L. MALLOW. Involucel 3-leaved, persistent. Petals obcordate. Styles 9 - 20, filiform, stig- matic on the inner face. Carpels broadly reniforra, beakless, 1-seeded, indehis- cent, disposed in a circle around the central axis, from which they separate at maturity. Embryo nearly annular. Radicle inferior. — Herbs. Leaves round- ed. Flowers axillary, not yellow. 1. M. rotundifolia, L. Stems several, prostrate; leaves long-pctioled, round-cordate, crenate and crenately-lobed ; flowers single or clustered, Avhite veined with purple ; carpels even. — Around dwellings. Introduced. Ij. . 2. CALLIRRHOE, Nutt. Involucel 1 - 3-lcaved and persistent, or none. Petals wedge-shaped, entire, or crenate. Styles as in Malva. Carpels numerous, with a short and naked beak, and a ligulate dorsal process below the beak within. Embryo curved. Radicle inferior. — Perennial herbs. Leaves palmatcly-lobed, or angled. Flow- ers showy, purple or whitish. 1. C. triangulata, Gray. Rough-pubescent; stem ascending from a perpendicular rhizoma, branching above; leaves triangular, coarsely and une- qually crenate, the lowest ones long-petioled and cordate, the upper 3 - 5-lobcd ; flowers approximate, panicled, longer than the pedicels ; involucel 3-leaved, the leaves linear ; carpels at length 2-valved. (Malva triangulata, Leavenworth.) — Dry soil in the upper districts of Alabama to North Carolina and northwestward. July. — Stem 2° - 3° high. Flowers 1 ' - 1 £' wide, purple. 2. C. Papaver, Gray. Rough with scattered appressed and rigid hairs ; stems low, simple ; leaves 3 - 5-parted ; the lobes oblong or lanceolate, toothed or entire ; flowers few, solitary, axillary, long-peduncled ; involucel 1 - 3-leaved, or none; petals finely crenate ; carpels indehiscent. — Rich open woods. Georgia, 5* 54 MALVACEAE. (MALLOW FAMILY.) Florida, and westward. May - September. — Stems 1° high. Flowers purple, 2-' wide, on peduncles which are sometimes 1° long. 3. C. alcaeoid.es, Gray. Strigose-pubescent ; stems slender (1° high); lower leaves triangular-cordate, incised ; the upper 5 - 7-parted, laciniate, the uppermost divided into linear segments ; flowers corymbose, on slender pedun- cles (rose-color or white) ; involucel none ; carpels obtusely beaked, crested and strongly wrinkled on the back. (Sida alcasoides, Michx.) — Barren oak lands, Tennessee. 3. MALVASTRUM, Gray. Involucel 1-3-leaved or none. Styles 5-20. Stigmas capitate. Carpels beaked or beakless, 1 -seeded. Seed ascending. Embryo curved or annular. Radicle inferior. — Herbs or shrubby plants, rough with rigid hairs. Flowers yellow. 1 . M. tricuspidatum, Gray. Perennial or shrubby ; stem branching ; leaves ovate or oblong-ovate, serrate, acute, petioled ; stipules lanceolate ; flow- ers in leafy spiked racemes ; petals obliquely truncated ; carpels 10-12, more or less distinctly 3-toothed or awned at the apex. — South Florida. — Stems 1° high. Involucel 3-leaved. 2. M. angustum, Gray. Annual ; stem erect, branching ; leaves lanceo- late, sparingly serrate, short-petiolcd ; stipules bristle-like ; flowers axillary, mostly solitary ; involucel setaceous, 2 -3-leaved; carpels 5, circular, awnless, at length 2-valved. (Sida hispida, Pursh. ? Ell. ?) — South Carolina and west- ward. — Stems 6'- 12' high. Calyx enlarged in fruit. 4. SIDA, L. Involucel none. Calyx angular. Styles 5 -15. Stigmas capitate. Ovaries 1 -celled. Carpels erect, mostly 2-valved and 2-beaked at the apex, separating at maturity from each other, and from the central axis. Seed resupinate, sus- pended, 3-angled. Embryo curved. Radicle superior. — Branching herbs or shrubs, with chiefly undivided leaves, and small yellow or reddish flowers in their axils. * Leaves, at least the lower ones, cordate : carpels 5. 1. S. spinosa, L. Annual, minutely pubescent; branches erect; leaves oblong-ovate, acute, serrate, the slender petioles often with a tubercular spine at the base, the lower ones cordate ; stipules setaceous, half as long as the petioles ; flowers single or clustered, on short erect peduncles ; carpels faintly reticulated, each pointed with two erect subulate spines. — "Waste places, Florida and north- ward. July - September. — Stems 1° - 2° high. Flowers £' wide, yellow. 2. S. supina, L'Her. Perennial, tomentosc ; stems divided at the base into slender simple ascending or prostrate branches ; leaves all round-cordate, crenate, rounded at the apex, hoary beneath ; the slender petioles spineless at the base ; stipules minute, subulate, deciduous ; flowers solitary ; the peduncles half as long as the petioles and reflexed in fruit ; carpels downy, reticulated, almost beakless, opening irregularly near the membranaceous base. (S. ovata, Cav. S. procumbens, Swartz.) — South Florida. October. — Stems 6' -12' MALVACEAE. (MALLOW FAMILY.) 55 long ; leaves £' - 1 ' long ; the limb scarcely longer than the petiole. Flowers yellow, not half as large as in the preceding. * * Leaves not cordate : carpels 7 — 12. 3. S. Stipulata, Cav. Nearly smooth ; stem erect or curving ; leaves and branches distichous ; leaves lanceolate and oblong, acute, unequally serrate, on short petioles ; stipules linear-subulate, longer than the petioles, smooth, per- sistent; flowers single or clustered, on peduncles 3-4 times as long as the pe- tioles ; carpels 10, strongly reticulated, pointed with two short and incurved spines. (S. glabra, Nittt.) — Waste places and around dwellings, Florida. June - November, (i) or 1J. — Stems l°-3° high. Leaves 2' -3' long. Flow- ers 1' wide, yellow, expanding at mid-day. Petals obliquely obcordate. 4. S. rhombifolia, L. Downy ; stems erect, much branched ; leaves rhombic-oblong, obtuse at each end, serrate, short-petioled, pale beneath ; stip- ules setaceous, longer than the petioles, caducous ; peduncles solitary, more than half as long as the leaves ; carpels 10-12, even, pointed with a single subulate spine, indehiscent. — Around dwelling^, Florida to North Carolina and westward. July -October. ® — Stems 2° - 3° high. Leaves 2' - 3' long. Flowers yel- low, smaller than in No. 3. 5. S. ciliaris, Cav. Rough with apprcssed rigid hairs ; stems prostrate ; leaves elliptical, obtuse at both ends, serrate above the middle, smooth above, the uppermost approximate ; stipules setaceous, and like the calyx fringed with long hairs ; flowers nearly sessile in the axils of the upper leaves ; carpels 7, strongly reticulated, pointed with two minute barbed spines. — Key West. 1J. — Stems 6' long. Leaves ^'-1' long. Flowers small, red. 6. S. Elliottii, Torr. & Gray. Perennial ; stems slender, roughish, erect, with long and straight branches ; leaves smoothish, lanceolate or linear, acute, serrate, on short petioles ; stipules setaceous ; flowers large, single ; peduncles longer than the petioles ; carpels 10-12, strongly reticulated, truncate or slightly 2-pointed. (S. gracilis, Ell., not of Rich.) — Open woods, Florida to North Car- olina and westward. July - October. — Stems 1 ° - 3° high. Leaves 1 ' - 2' long. Flowers 1' wide, yellow. 7. S. Iiindheimeri, Engel. & Gray. Stem shrubby, smooth, slender, much branched ; leaves rigid, narrow-linear, obtuse, serrate, paler and downy beneath, the short petioles spineless at the base ; stipules subulate, persistent, as long as the petioles ; peduncles about as long as the leaves ; carpels 10, faintly reticu- lated, pointed with two short and broad spines. — Key West. — Steins 1° high. Leaves 1' long. Petals barely exceeding the calyx in length. 5. ABUTILON, Toum. INDIAN MALLOW. Involucel none. Stigma capitate. Ovaries 5 or more, 1-celled, 2-9-ovuled. Carpels 1 -6-seeded, partly 2-valved, tardily separating from each other or from the central axis. Radicle ascending. — Leaves cordate. Flowers yellow, white, or purplish. 1. A. AvicennSB, Gaertn. Tomentose ; leaves round-cordate, acuminate, crenate ; peduncles axillary, 1-3-flowered, shorter than the long petioles ; car- 56 MALVACE^. (MALLOW FAMILY.) pels 12-14, hairy, inflated, truncate, 3-seeded, with two long and spreading spines. — Waste places chiefly in the middle and upper districts. Introduced. (1) — Stem 2° - 5° high. Leaves 4' -6' wide. Flowers orange-red.. 2. A. Hulseanum, Torr. Stem hispidly pilose ; leaves orbicular-ovate, abruptly acuminate, velvety beneath with a whitish pubescence, roughish-tomen- tose above, crenate-dentate ; peduncles axillary in the upper leaves, several- flowered ; styles about 12. — Tampa Bay, Florida. — Leaves 3 inches or more in diameter. Flowers 1^' in diameter, purplish ; pedicels very short. 3. A. Jacquini, Don. Stem erect (2° •• 3°), branching, smooth or soft- downy ; leaves long-petioled, cordate or oblong-cordate, acuminate, unequally crenate, velvety on both surfaces and hoary beneath, or roughish above ; pedun- cles solitary in the upper axils, 1 -flowered, about the length of the petioles, or the upper ones longer ; lobes of the calyx ovate or oblong, shorter than the yellow petals ; carpels 8-10, rigid, hairy, longer than the calyx, acute or beaked, 3-seeded. (A. peraffine, Shuttl. Lavatera Americana, L. Sida abutiloides, Jacq. S. lig- nosa, Cay.) — South Florida. — Flowers 9"- 12" wide. 4. A. crispum, Gray. Hoary-tomentose ; stem sparingly branched ; leaves round-cordate, acuminate, finely crenate ; peduncles axillary, 1-flowered, elongated, filiform, refracted after flowering ; carpels 10, beakless, inflated, cor- rugated, hispid, 2-seeded. — Key West. — Stem slender, l°-2° high. Leaves 1'- 2' long, the upper ones nearly sessile. Peduncles as long as the leaves. Flowers 4" - 6" wide, white. 6. MODIOLA, Mcench. Involucel 3-leaved, persistent. Stamens 10-20. Ovaries 14-20, transversely 2-celled, each cell 1-ovuled. Stigmas capitate. Carpels 2-valved, 2-seeded, sep- arating at maturity from each other and from the central axis, each valve tipped with a slender spine. — Prostrate herbs, with palmately divided leaves, and small axillary flowers. 1. M. multiflda, Mcench. Hirsute; stems diffuse; leaves long-petioled, cordate-ovate, more or less deeply 5 - 7-parted ; the divisions lobed and toothed ; peduncles longer than the petioles ; carpels hispid. (Malva Caroliniana, L.) — Waste places, Florida to North Carolina and westward. July - October. 1\|. — Stems 1° -2° long. Earliest leaves orbicular, undivided. Petals red, as long as the calyx. 7. PAVONIA, Cav. Involucel 5 - 15-leaved, persistent. Ovaries 5, 1-celled, 1-ovuled. Stigmas 10, capitate. Carpels indehiscent or somewhat 2-valved, naked or armed at the apex with three hispid awns, separating at maturity. Embryo incurved. Rad- icle inferior. — Chiefly shrubs, with petioled stipulate leaves, and solitary flow- ers on axillary peduncles. 1 . P. Lecontei, Torr. & Gray. Stem much branched, roughish-pubes- cent ; leaves ovate or somewhat sagittate, obtusely toothed, densely pubescent MALVACEAE. (MALLOW FAMILY.) 57 and hoary beneath, rough above, longer than the petioles ; involucel of 5 - 6 ovate leaves, which are slightly united at the base ; carpels obovate, awnless, strongly reticulate. — South Georgia, collected by Leconte. — Stem 4° - 5° high. Leaves I1' long. Flowers large, pale red. 8. KOSTELETZKYA, Presl. (HIBISCUS, L. in part.) Capsule depressed, the cells 1-seeded. — Otherwise as in Hibiscus. 1. K. Virginica, Presl. Rough-hairy ; stem erect, stout, branching ; lower leaves ovate, cordate, serrate, mostly 3-lobed, the upper ones narrower and usually entire; flowers (purple) in terminal racemes. — Var. ALTHE^EFOLIA. ( Hibiscus althecefolius, ShuttL ) Densely stellate-pubescent and somewhat hoary ; leaves all undivided, ovate or ovate-lanceolate, acuminate, unequally toothed- serrate j racemes dense-flowered ; capsule hirsute. — Var. SMILACIFOLIA. (Hi- biscus smilacifolius, ShuttL) Stem more slender, smoothish below; leaves all hastate, with lanceolate serrate lobes ; racemes few-flowered. — Marshes and low grounds near the coast, Florida and northward (the varieties near Manatee, South Florida, RugeL). July - September. 1J. — Stem 2° -4° high. Flow- ers l\|'-2' wide. 9. HIBISCUS, L. ROSE-MALLOW. Involucel many-leaved or many-cleft, and, like the calyx, persistent. Stigmas 5, peltate or capitate. Capsule globose or oblong, 5-celled, loculicidally 5- valved, many-seeded. — Herbs, shrubs, or trees, with petioled stipulate leaves, and large showy flowers, on axillary peduncles. Leaves of tfie involucel forked. 1. H. aculeatus, Walt. Muricate-hispid ; leaves round-cordate, divided into 3-5 coarsely toothed and spreading lobes, the upper ones narrower and mostly entire ; flowers yellow, with a purple centre, short-peduncled ; involucel 10- 12-leaved ; capsule hispid ; seeds smooth. — Margins of swamps and ponds, Florida to South Carolina, and westward. July. )J. — Stems 2° - 6° high. Flowers 4' wide. * * Leaves of the involucel entire. •- Perennial herbs : stipules deciduous. 2. H. Moscheutos, L. Tomentose; leaves broadly ovate, acuminate, toothed-serrate, mostly 3-lobed above the middle, rounded or slightly cordate at the base, hoary beneath ; peduncles often partly adnate to the petioles ; flowers white or pale rose-color with a crimson centre; seeds smooth. — Ponds and marshes, Georgia, northward and westward. July. — Stems 3° - 5° high. Leaves 3' -5' long. Flowers 4' - 5' wide. 3. H. incanus, Wendl. Leaves lanceolate and ovate-lanceolate, not lobed, slightly cordate, acuminate, finely serrate, hoary on both sides ; flowers pale yellow with a crimson centre, often umbelled ; peduncles mostly free from the petioles ; capsule and seeds smooth. — Ponds and marshes, Florida to South Carolina, and westward. June and July. — Stems 2° - 5° high. Leaves 3' - 6' long. Flowers 6' - 8' wide. 58 BYTTNERIACE^E. (BYTTNERIA FAMILY.) 4. H. grandiflorus, Michx. Tomentose ; leaves round-ovate, cordate, mostly 3-lobed, toothed-serrate, hoary beneath ; flowers very large, pale rose- color with a deep red centre ; peduncles free from the petioles ; capsule velvety ; seeds smooth. — Marshes near the coast, Florida, Georgia, and westward. July. — Stems several from one root, 3° - 5° high. Leaves 4 '-6' long and nearly the same in width. Flowers 10' - 12' wide. 5. H. Carolinianus, Muhl. ? Ell. Smooth ; leaves cordate-ovate, acu- minate, serrate, sometimes slightly 3-lobed ; flowers purple ; peduncles slightly adhering to the petioles ; seeds hispid. — On Wilmington Island, Georgia. July - September. — Stems 4° - 6° high. Leaves 4' - 6' long. Flowers 6' - 8'wide. ( ) 6. H. militaris, Cav. Smooth; leaves thin, on long and slender petioles, serrate, slightly cordate, the lower ones roundish, 3-5-lobed, the upper ovate- - lanceolate, entire or somewhat hastate, with rounded lobes ; peduncles shorter than the petioles ; calyx inflated ; corolla tubular-campanulate, pale rose-color with a red centre ; seeds silky. — River-banks in the upper districts, and westward. July and August. — Stems 3° - 4° high. Leaves 3' - 5' long. Corolla 2^' long. 7. H. COCCineus, Walt. Smooth ; stem glaucous ; leaves long-petiolcd, 5-parted to the base, the lobes lanceolate, remotely toothed, with long-tapering entire tips ; corolla expanding, bright scarlet ; petals long-clawed ; seeds pu- bescent. (H. speciosus, Ait ) — Deep marshes near the coast, Florida, Georgia, and westward. July and August. — Stems 4° - 8° high. Leaves 6' - 12' long. Corolla 6' - 8' wide. Column of stamens naked below. •- H- Trees or shrubs : stipules persistent. 8. H. Ploridanus, Sliuttl. Hispid ; leaves small, ovate, obtuse, cre- nate-serrate, often cordate, and slightly 3-lobed ; peduncles longer than the leaves ; corolla tubular-campanulate, crimson ; column of stamens exserted ; seeds woolly. ( Malvaviscus Floridanus, Nutt. ) — South Florida. — Shrub 4° - 5° high, branching. Leaves £•'-!' long. Stipules subulate. Flowers 1' long. 9. H. tiliaceus, L. Leaves orbicular-cordate, acuminate, slightly cre- nate, hoary-tomentose beneath ; stipules large, oblong, clasping ; involucel 9 - 10-toothed ; capsule tomentose ; seeds smooth. — South Florida. — A large tree. Leaves 3/ -4' long. Flowers yellow ? H. ESCULENTTJS, L. (H. Collinsianus, Nutt. ?) is the garden OKRA. H. SYKIACUS, L., the ALTHAEA, is everywhere cultivated. To this family belongs the COTTON-PLANT (GOSSYPIUM, L.), the numerous varieties of which are now referred to two species, viz. the SHORT STAPLE or UPLAND (G. ALBUM, Earn.}, and the LONG STAPLE or SEA ISLAND (G. NI- GRUM, Ham.}. ORDER 23. BYTTNERIACEJE. (BYTTNERIA FAMILY.) Chiefly trees or shrubs differing from Malvaceae in having definite stamens, of which those opposite the petals are usually sterile, 2-celled anthers, with smooth pollen-grains, and a straight embryo- — Ovary 3 - 5-celled, rarely 1-celled. TILIACE^E. (LINDEN FAMILY.) 59 1. AYENIA, L. Involucel none. Calyx 5-parted. Petals on long capillary claws, connivcnt over the stigma. Fertile stamens 5, alternating with 1-2 sterile ones, their fila- ments united into a pedicellate cup. Style single. Stigma 5-angled. Capsule 5-lobed, 5-celled, loculicidally 5-valved, the cells 1 -seeded. — Low shrubby plants, with minute axillary flowers. Capsule rough. Albumen none. 1. A. pusilla, L. Stems mostly simple, prostrate, downy; leaves (4"- 8" long) roundish or oblong, coarsely serrate ; peduncles solitary, reflexcd in fruit; capsule depressed, muricate. — South Florida. 1J. — Stems 6' - 12' long. Flowers purple. 2. WALTHERIA, L. Involucel 3-leaved, deciduous. Calyx 5-clcft. Petals 5, spatulate, convolute in the bud. Stamens 5, united below. Ovary 1 -celled, 2-ovuled. Style single. Stigma pcnicillate or tuberculate. Capsule 2-valved, 1 -seeded. Embryo in the axis of fleshy albumen. — Herbs or shrubs, with alternate leaves, and small flow- ers in axillary clusters. 1 . W. Americana, L. Stem erect, villous ; leaves ovate or oblong, acute or obtuse, serrate, plicate, tomentose on both surfaces ; heads of flowers globose, stalked, or subsessile and shorter than the petioles, the upper ones often spiked ; calyx hirsute ; flowers yellow. — South Florida. — Stem 2° - 3° high, rigid. Leaves l'-2' long. ORDER 24. TILIACE^E. (LINDEN FAMILY.) Trees, rarely herbs. Leaves alternate, with deciduous stipules. Flow- ers axillary or extra-axillary, hypogynous, polyandrous. Sepals 4-5, valvate in the bud, deciduous. Petals 4-5, convolute or imbricated in the bud. Stamens distinct or united in clusters : anthers 2-celled, the pollen grains smooth. Style single. Stigma 4- 10-lobed. Capsule 2 -5-celled, 1 - many-seeded. Seeds anatropous. Embryo in the axis of fleshy albu- men. Cotyledons flat, leafy. 1. TILIA, Tourn. LINDEN. BASSWOOD. Sepals 5. Petals 5, imbricated in the bud. Stamens numerous, united in 5 clusters, with a petal-like appendage (sterile stamen) opposite each petal. Ovary 5-celled, with 2 ovules in each cell. Stigma 5-lobed. Capsule 1-celled, 1-2- seeded. — Trees, with cordate leaves, and several-flowered axillary peduncles, which are connate below with a large ligulate veiny bract. Flowers cream-color. 1. T. Americana, L. Leaves smooth and green on both surfaces, ob- liquely cordate or truncate at the base, sharply serrate. — Mountains of Georgia and northward. June. — A large tree. Leaves 4' - 5' wide. 2. T. pubescens, Ait. Leaves hoary-tomentose on both surfaces, becom- ing smoothish above, obliquely truncate at the base, mucronate-serrate. — Rich soil, Florida to North Carolina, and westward. June. — Leaves 4' - 5' wide. 60 CAMELLIACE^E. (CAMELLIA FAMILY.) 3. T. heterophylla, Vent. Leaves larger (6' -8' wide), deep green above, white-tomentose beneath. — Mountains of North Carolina. — June and 2. CORCHORUS, L. Sepals 5. Petals 5, convolute in the bud. Stamens mostly numerous, sep- arate. Style slender. Stigma dilated, crenulate. Capsule mostly elongated, silique-like, loculicidally 2-valved, many-seeded. — Herbs or shrubby plants, with alternate serrate petioled leaves, and small yellow flowers on short pedun- cles opposite the leaves. Stipules deciduous. 1 . C. siliqilOSUS, L. Stem much branched, hairy in lines ; leaves ovate and lanceolate, smooth; peduncles 1-2-flowered; stamens numerous; capsule linear, compressed, 2-celled, many-seeded. — Near Mobile, Alabama, and Key West. — Stems 1° - 2° high. Capsule 2' long. ORDER 25. CAMELLIACE^E. (CAMELLIA FAMILY.) Trees or shrubs, with alternate exstipulate leaves, and regular hypo- gynous polyandrous showy flowers. — Sepals and petals 5-6, imbricated in the bud. Stamens numerous, united at the base into a ring, or into sets placed opposite the petals, and adnate to their bases : anthers 2-celled, introrse. Ovary 2-5-celled, 2 - many-ovuled. Styles 2-5, distinct or united. Capsule 2-5-cellcd, mostly loculicidally dehiscent Albumen scarce or none. 1. GORDONIA, Ellis. LOBLOLLY-BAY. Sepals 5, roundish, concave. Petals 5, thick, obovate, united at the base. Stamens united into 5 sets. Ovary 5-celled, with 4-8 pendulous ovules in each cell. Styles united. Capsule loculicidally 5-valved, woody. Seeds angular or winged. Flowers axillary. § 1 . GORDONIA proper. — Stamens short, inserted into the fleshy 5-lobedcup which adheres to the base of the petals ; capsule ovoid, 5-valved. — Leaves coriaceous, peren- nial. Flowers long-peduncled. 1. G. Lasianthus, L. Sepals and petals silky; leaves obovate-oblong, narrowed into a petiole, finely serrate. — Swamps in the lower districts, Florida to North Carolina, and westward. July and August. — A tree 30° - 50° high. Flowers 2' wide, white. § 2. FRANKLINIA. — Stamens long, distinct, inserted into the base of the petals; capsule glolwse, hcuUcidally 5-valved above the middle, and septicidally 5-valved below. — Leaves deciduous. 2. G. pubescens, L'Herit. Sepals and petals silky; leaves obovate- oblong, sharply serrate, white beneath ; flowers short-peduncled. — Georgia and Florida, near the coast. — A small tree. Flowers 3' wide, white. OLACACE^i. (XIMENIA FAMILY.) 61 2. STUARTIA, Catcsb. Sepals 5-6, silky, 1 - 2-bracted. Petals 5-6, obovate, crenulate, silky. Sta- mens united into a ring at the base, and adnate to the base of the petals. Ovary 5-celled, with two anatropous ovules in each cell. Styles 5, distinct or united. Capsule ovoid, woody, 5-valved ; the cells 1 - 2-seeded. — Shrubs, with alternate leaves, and large white or cream-colored flowers on short axillary peduncles. § 1. STUARTIA. — Styles united : capsule globose : seeds not margined. 1. S. Virginica, Cav. Sepals 5, roundish; petals 5, round-obovate ; leaves oval, thin, serrulate, finely pubescent. (S. Malachodendron, L.) — Shady woods, Florida to North Carolina, and westward. April and May. — Shrub 8° - 12° high. Flowers 2' -3' wide. Stamens purple. § 2. MALACHODENDRON. — Styles separate : capsule ovate, acuminate : seeds margined. 2. S. pentagyna, L'Her. Sepals and petals 5-6, the latter obovate, with jagged edges ; leaves oval, acute. — Mountains of Georgia and North Carolina. May -July. — Shrub similar to the preceding, the leaves and flowers rather larger, and longer stamens. ORDER 26. OLACACE^3. (XIMENIA FAMILY.) Trees or shrubs, with alternate entire petioled and exstipulate leaves, and regular hypogynous perfect or polygamous flowers, in axillary ra- cemes or corymbs. — Calyx truncate or 4 - 5-toothed, persistent. Petals 4-5, distinct or partly united, valvate in the bud. Stamens mostly twice as many as the petals, and inserted into their bases: anthers introrse. Ovary 1 -4-celled. Ovules few, anatropous. Style single, filiform. Fruit drupaceous, often surrounded with the enlarged calyx, 1-celled, 1-seeded. Embryo straight in the axis of fleshy albumen. 1. XIMENIA, Plum. Calyx small, 4-toothed. Petals 4, united at the base, villous within. Sta- mens 8. Ovary 4-celled, the cells 3-4-ovuled. Drape baccate; not enclosed in the calyx. — Thorny trees or shrubs. Leaves coriaceous. Flowers axillary, single or corymbose. 1. X. Americana, L. Smooth; leaves 2-3 together, oblong, obtuse, short-petioled ; peduncles 2 - 4-flowered, shorter than the leaves ; petals thick, lanceolate, spreading above, rusty-hairy within. — Key West. — Thorns stout, %> long. Leaves 2' long. Flowers small, yellow. Drupe yellow, roundish, as large as a plum. Nut white, globose. ORDER 27. AURANTIACE^E. (ORANGE FAMILY.) The ORANGE, LEMON, and LIME (species of CITRUS, Z.) are com- monly cultivated in the warmer parts of the Southern States, and the 6 62 LINAGES. (FLAX FAMILY.) BITTER-SWEET ORANGE (C. VULGARIS, Risso) is completely naturalized in some portions of South Florida. The PRIDE OF INDIA, or CHINA-TREE (MELIA AZEDERACH, L.) belongs to the allied Order MELIACE^E. ORDER 28. CEDRELACE^E. (MAHOGANY FAMILY.) Lofty trees, with hard and colored wood, pinnate exstipulate leaves, and regular hypogynous panicled flowers. — Sepals 3-5, often more or less united. Petals 3-5, convolute in the bud. Stamens twice as many as the petals, distinct or united into a tube, and inserted with the petals into an hypogynous disk. Ovary 3 - 5-celled, with few or many ovules in each cell. Style single. Capsule woody, 3 - 5-celled, 3 - 5-valved, the valves at length separating from the thick angular or winged axis. Seed anatro- pous, winged. Albumen fleshy or none. Cotyledons leafy. 1. SWIETENIA, L. MAHOGANY. Calyx 5-cleft. Petals 5. Stamens 10, united into a 10-toothed tube, which encloses the 10 anthers. Style short. Stigma 5-rayed. Capsule 5-celled, 5-valved, with the numerous suspended seeds imbricated in two rows. — A large tree, with hard reddish-brown wood. Leaves alternate, abruptly pinnate. Leaf- lets 6-10, opposite, entire, ovate-lanceolate, unequal at the base. Flowers greenish-yellow, in axillary panicles. Capsule ovate, as large as an Orange. l. S. Mahogoni, L. South Florida, ORDER 29. LINACE7E. (FLAX FAMILY.) Chiefly herbs, with entire exstipulate leaves, and regular hypogynous racemose or panicled flowers. — Sepals 4-5, imbricated in the bud, per- sistent. Petals 4-5, convolute in the bud, deciduous. Stamens 4-5, united at the base. Styles 4-5, rarely united. Capsule globose, splitting into five 2-seeded carpels, which are more or less perfectly 2-celled and 2-valved. Seeds anatropous, suspended. Cotyledons flat. 1. LINTJM, L. FLAX. Sepals, petals, stamens, and styles 5. Capsule partly or completely 10-celled, the cells 1 -seeded ; seeds compressed, oily. — Stems slender. Leaves narrow and mostly alternate. Peduncle 1 -flowered, borne above or opposite the leaves. 1. L. Virginianum, L. (WILD FLAX.) Leaves lanceolate, acute, the lower ones opposite and obtuse ; flowers scattered in corymbose racemes ; sepals smooth, ovate, acute ; styles distinct ; capsule depressed-globose, 10-celled. — Varies with glandular sepals, larger globose-ovate capsules, and linear leaves. — Sterile soil, Florida and northward. July. 1J. — Stem slender, often much branched, 2° high. Flowers yellow. ZYGOPIIYLLACE^E. (BEAN-CAPER FAMILY.) 63 2. L. Boottii, Planchon. Leaves linear, acute ; flowers scattered in cymose racemes ; sepals ovate-lanceolate, 3-nerved, fringed with glandular hairs ; styles united below the middle ; capsule imperfectly 10-celled, globose. — Diy soil, North Carolina and northward. July. — Stems l°-2° high. Flowers larger than in No. 1, sulphur-yellow. 3. L. striatum, Walt. "Flowers terminal; leaves subovate, alternate, the nerve and margins decurrent on the stem ; stem branched, striate." — South Carolina, Walter. () ORDER 30. OXALIDACE^S. (WOOD-SORREL FAMILY.) Chiefly herbs, with sour juice, alternate compound leaves, and regular hypogynous decandrous flowers. — Sepals 5, imbricated in the bud^ per- sistent. Petals 5, convolute in the bud, deciduous. Stamens more or less united. Styles 5, distinct. Ovary 5-celled. Capsule 5-celled, the cells few-seeded. Seeds anatropous, pendulous. Embryo straight in the axis of fleshy albumen. Cotyledons flat. 1. OXALIS, L. WOOD-SORREL. Capsule 5-lobed ; the cells loculicidally dehiscent on the back, 1 -few-seeded. Seed-coat loose and separating. — Leaves 3-foliolate. Leaflets obcordate. 1. O. violacea, L. (PURPLE WOOD-SORREL.) Stemless ; root tuber- ous ; scapes umbellately 4 - 6-flowcred ; flowers purple, nodding. — Rich woods, West Florida to North Carolina, and westward. May and June. — Scapes and petioles 5' -9' high. 2. O. Acetocella, L. (WHITE WOOD-SORREL ) Stemless ; root creep- ing; scape 1 -flowered ; flower white, veined with red. — Mountains of North Carolina and northward. June. — Scape and petioles hairy, 2f -5' high. 3. O. Stricta, L. (YELLOW WOOD-SORREL.) Stems branching, leafy; peduncles axillary, 2 - 6-flowered, longer than the leaves ; flowers yellow ; cap- sule elongated, erect. — Dry soil, common and varying greatly. April - De- cember. © and ty — O. recurva and O. furcata, Eli, and 0. Lyoni, Ph., are forms of this. ORDER 31. ZYGOPHYLLACE^K. (BEAX-CAPER FAMILY.) Herbs, shrubs, or trees, with hard wood, opposite pinnate dotless stipu- late leaves, and regular hypogynous mostly decandrous flowers. — Sepals and petals 5-6, imbricated or convolute in the bud. Stamens distinct, often appendaged. Ovary 2 - 1 2-celled, with the styles united. Capsule composed of 2 -1 2 indehiscent carpels, which separate from each other and often from a central axis at maturity. Embryo straight. Cotyledons flat. Radicle superior. 64 GERANIACE^E. (GERANIUM FAMILY.) Synopsis. 1. TRIBULUS. Carpels 6, transversely few-celled, few-seeded. Herbs. 2. KALLSTROMIA. Carpels 10, 1-celled, 1-seeded. Herbs. 3. GUAIACUM. Carpels 2 -5, compressed, 1-seeded. Trees. 1. TKIBTJLUS, L. Sepals 5, imbricated in the bud, deciduous. Stamens 10. Ovary 5-celled, with 3-5 suspended ovules in each cell. Carpels of the fruit 5, spiny on the back, transversely divided into 2-5 one-seeded cells, separating at maturity, with- out a central axis. Albumen none. — Prostrate herbs. Leaves abruptly pinnate. Peduncles solitary, 1 -flowered. 1. T. cistoides, L. Leaves unequal ; leaflets 6 - 1 6, linear-oblong, mucro- nate, silky beneath ; peduncles as long as the leaves ; flowers large, yellow. — Key West. — Stems l°-2° long, hairy. Petals 2-3 times as long as the calyx. 2. KALLSTBOMIA, Scop. Sepals 5-6, persistent, imbricated in the bud. Stamens 10-12. Ovary 10- 12-celled, the cells 1-ovuled. Carpels of the fruit 10-12, separating from each other and from the central axis. Albumen none. — Hairy herbs, with the habit of TRIBULUS. 1 . K. maxima, Torr. & Gray. Leaves nearly equal ; leaflets 6-8, ob- liquely oblong, mucronate, the terminal pair larger ; peduncles shorter than the leaves ; petals as long as the bristly calyx, yellow ; carpels rugose on the back. — Key West and Savannah. — Stems l°-2° long. 3. GUAIACUM, Plum. Sepals 5, deciduous. Stamens 10, with naked filaments. Ovary stalked, 2 -5-celled, the cells 8-10-ovuled. Carpels of the fruit 2-5, compressed, 1- seeded. Seed-coat fleshy. Embryo straight in hard thin albumen. — Trees. Leaflets reticulate. Flowers blue or purple. 1. G. sanctum, L. Branches opposite and forking, jointed, pubescent when young ; leaflets 6 or 8, obliquely obovate or oblong, mucronate, entire ; peduncles single or clustered at the forks of the branches, 1 -flowered, shorter than the leaves ; sepals and petals obtuse ; flowers blue. — South Florida. — A small tree with white bark. Flowers ' wide. Fruit obovate. ORDER 32. GERANIACE-flE. (GERANIUM FAMILY.) Herbs or shrubby plants, with tumid joints, alternate or opposite pal- mately lobed stipulate leaves, and hypogynous and decandrous flowers. — Sepals 5, imbricated in the bud, persistent. Petals 5, convolute in the bud, deciduous. Stamens monadelphous at the base ; the 5 exterior ones shorter and often sterile. Ovaries 5, 2-ovuled, and, with the persistent BALSAMINACE^E. (BALSAM FAMILY.) 65 styles, adnate to an elongated central axis, from which they separate elas- tic-ally at maturity. Seed solitary, without albumen. Embryo convolute. 1. GERANIUM, Tourn. CRANESBILL. Flowers regular. Stamens perfect, the inner ones with a gland at the hase. Styles at maturity separating with the 1 -seeded carpels, and coiled upward, the inner face naked. — Herbs. Stems forking. Leaves palmately lobed. Pedun- cles 1-3-flowered. 1. G. maculatum, L. Perennial, erect, hairy; leaves 5-7-parted, the divisions acutely lobed and toothed ; peduncles 1 - 2-flowered, the terminal ones often umbellate ; petals large, entire, 2-3 times longer than the oblong awned sepals. — Open woods in the upper districts and northward. April and May. — Root tuberous, very astringent. Stem l°-2° high. Flowers purple, 1' wide. t 2. G. Carolinianum, L. Annual, generally prostrate, pubescent ; leaves 5-7-parted, the narrow divisions obtusely lobed and toothed ; peduncles 2-flow- ered ; petals emarginate, as long as the ovate awned sepals. — Waste places, common. March and April. — Stems forkirig, 6' -18' long. Flowers pale purple. ORDER 33. BAL.SAMINACEJE. (BALSAM FAMILY.) Smooth and succulent annual herbs, with undivided exstipulate leaves, and irregular hypogynous pentandrous flowers. — Sepals 5, colored, de- ciduous; the two inner (and upper) ones united, the lowest large and saccate. Petals 4-5, distinct or united. Stamens 5, coherent above. Ovary 5-celled, the cells 2 - several-ovuled. Fruit capsular or drupa- ceous. Seeds anatropous, without albumen. Embryo straight, with thick cotyledons. 1. IMPATIENS, L. JEWEL-WEED. Lowest sepal saccate and spurred. Petals 4, united by pairs. Filaments short, with a scale on the inner face. Capsule 5-celled, bursting elastically into 5 valves. Placenta central, persistent. — Stems branching, somewhat pellucid. — Leaves serrate. Peduncles axillary, 1 -several-flowered. Earliest flowers fruiting in the bud. 1. I. pallida, Nutt. (PALE TOUCH-ME-NOT.) Leaves ovate or oval, ob- tusely serrate, membranaceous ; flowers pale yellow ; lower sepal slightly spotted, dilated, open, tipped with a short recurved spur. — Wet shady places, Georgia and northward. July - Sept. — Stems 2° - 4° high. 2. I. fulva, Nutt. (SPOTTED TOUCH-ME-NOT.) Flowers deep orange; lower sepal conical, conspicuously spotted, tipped with a rather long recurved spur; otherwise like No. 1, but with smaller flowers. — Shady swamps, Florida and northward. July - Sept. 6 GG RUTACEJS. (RUE FAMILY.) ORDER 34. RUTACEJG. (RUE FAMILY.) Herbs, shrubs, or trees, with exstipulate simple or compound dotted leaves, and regular hypogynous perfect or unisexual flowers. — Sepals and petals 3-5. Stamens as many or twice as many as the sepals. Ovaries 2 - 5, distinct or united, stipitate or sessile on a glandular disk. Styles mostly united. Fruit commonly composed of separate 1 -celled 2-valved carpels. Embryo straight or curved, mostly in fleshy albumen. 1. ZANTHOXYLTJM, L. PRICKLY ASH. Plowers monoecious or dioecious. Sepals and petals 3-5. Stamens 3-5. Ovaries 2 - 5, sessile or stipitate, 2-ovuled. Carpels 2-valved, 1 - 2-seedcd. Seed smooth and shining. — Trees or shrubs, commonly armed with stipular prickles. Leaves unequally pinnate, the leaflets punctate with pellucid dots. Flowers small, greenish. 1. Z. Carolinianum, Lam. (TOOTHACHE-TREE.) Smooth; branches and commonly the petioles armed with long prickles ; leaves alternate, 7-9- foliolate; leaflets ovate-lanceolate, crenate-semilate, unequal-sided, shining above; panicles terminal; stamens 5; carpels 3, nearly sessile. — Var. FRUTICOSUM, Gray. Shrubby ; leaves shorter, ovate or oblong, more strongly crenate ; ova- ries always two. — Dry soil near the coast, Florida to North Carolina, and west- ward. June. — A small tree, with the pungent bark armed with warty prickles. 2. Z. Ploridanum, Nutt. (SATIN-WOOD.) Branches and petioles un- armed ; leaflets 5-7, ovate-lanceolate on the fertile plant, and elliptical, obtuse or emarginate on the sterile, slightly crenulate, and like the cymose panicle stel- late-pubescent ; stamens 4 - 5 ; carpels 1-2, obovate, stipitate ; seed solitary, obovate, black and shining. — South Florida. — Leaves l'-2' long. Cyme sessile, divided into three primary branches. Flowers minute. 3. Z. Pterota, H. B. & K. Smooth ; branches zigzag, armed with short curved prickles ; petiole winged, jointed ; leaflets 7-9, small, obovate, coria- ceous, crenate above the middle, sessile ; flowers in axillary clusters, which are single or by pairs, as long as the first joint of the petiole ; stamens 4 ; ovaries 2 ; carpels solitary, globose,f)itted, distinctly stipitate. — South Florida. — Leaf- lets £' - 1' long, those on the fertile plant narrower and smaller. Carpels small, dotted. 2. PTELEA, L. HOP-TREE. Flowers polygamous. Sepals and petals 4-5, imbricated in the bud, decidu- ous. Stamens 4-5. Ovary 2-celled, with two ovules in each cell. Style short. Stigma 2-lobed. Capsule 2-celled, 2-seeded, surrounded by a broad circular reticulated wing. — Unarmed shrubs, with trifoliolate leaves, and small greenish flowers in a terminal cyme. 1 . P. trifoliata, L. Pubescent ; leaves long-petioled ; leaflets oval or oblong, mostly acute, obscurely creuulate, paler beneath, the lateral ones unequal- BURSERACE^. (TORCH-WOOD FAMILY.) 67 sided ; filaments 4-5, densely villous below the middle, longer than the style in the sterile flowers, shorter in fertile ones. — Rocky banks, Florida and northward. May and June. — Shrub 4° - 8° high. Leaflets 2' - 4' long. Fruit 1' wide. 2. P. mollis, M. A. Curtis. "Lateral leaflets oval, the terminal ob- ovate, with an abrupt acute point, the under side, with the petioles, panicles, and young branches, clothed with a soft whitish silky villus ; cymes compact, with short branches ; style long ; filaments equalling the anthers." — Low country of North and South Carolina (Curtis). — Leaves smaller and more rigid than in No. 1, the style twice as long. Stamens 4. 3. P. Baldwin!!, Torr. & Gray. Leaves very small, glabrous ; leaflets sessile, oval, obtuse, the terminal one cuneiform at the base ; flowers tetrandrous ; style none. — East Florida. — Shrub 1° high, with numerous short and scrag^v branches. Leaflets 1' long. Flowers smaller than in No. 1. ORDER 35. SIMARTJBACEJE. (QUASSIA FAMILY.) Trees or shrubs, with bitter milky juice, pinnate exstipulate alternate and dotless leaves, and regular hypogynous perfect or polygamous flowers. — Calyx 4 - 5-parted or 4 - 5-toothed, persistent. Petals 4-5, deciduous. Stamens as many or twice as many as the petals, inserted on a hypogy- nous disk. Ovary composed of 4 - 5 distinct or united carpels, with a sol- itary anatropous suspended ovule in each. Fruit drupaceous, 1-seeded. Seeds with a meinbranaceous coat. Albumen none. Radicle superior, included in the cotyledons. 1. SIMARUBA, Aublet. QUASSIA. Flowers monoecious or dioecious. Calyx 4 - 5-toothed. Petals 4-5, spread- ing. Stamens 8- 10, with the filaments inserted on the back of a ciliate scale. Ovaries 4-5, surrounded by 8-10 scale-like rudiments of stamens. Styles con- nivent ; the stigmas spreading. Drupes 1-5. — Trees. Leaves abruptly pin- nate, with alternate and entire leaflets. Flowers small, greenish, in lateral and terminal panicles. 1. S. glauea, DC. Smooth throughout; flowers dioecious; stigmas 5, subulate, spreading ; leaflets 4-8, alternate and opposite, coriaceous, obovatc or oblong, obtuse, paler beneath ; drupe oval, mostly solitary. -- South Florida. — A larire tree. ORDER 3G. BURSERACE./E. (TORCH-WOOD FAMILY.) Trees or shrubs, with resinous juice, unequally pinnate or trifoliolate commonly dotted leaves, and small regular flowers in axillary or terminal racemes or panicles. — Calyx free from the 1 - 5-celled sessile ovary, 2 - 5-lobed, persistent. Petals 2-5, alternate with the calyx-lobes, and 68 ANACARDIACE^. (CASHEW FAMILY.) inserted under an orbicular or annular disk at the bottom of the calyx, mostly valvate in the bud. Stamens twice as many as the petals, and in- serted with them : anthers introrse. Ovules anatropous, pendulous, mostly two in each cell. Stigmas 1-5. Fruit drupaceous, dry ; the peri- carp often splitting into valves. Albumen none. Radicle superior. 1. BURSEBA, Jacquin. Flowers polygamous. Sterile Fl. Calyx 3 - 5-parted. Petals 3-5, valvate in the bud. Stamens 6 -10. Disk crenulatc. Fertile Fl. Calyx 3-partcd. Petals 3. Stamens 6. Ovary ovate, 3-celled. Style short : stigma 3-lobed. Drupe oblong, 1 -seeded ; the pericarp 3-valvcd. Cotyledons wrinkled. 1. B. gummifera, Jacquin. Leaves alternate, 3 - 9-foliolate, long-peti- oled, deciduous ; leaflets stalked, opposite, ovate, acuminate, entire, rounded or slightly cordate at the base, at length smooth on both sides ; flowers small, whitish, in axillary racemes ; drupe purplish. — South Florida. — A large tree. 2. AMYRIS, L. TORCH-WOOD. Flowers perfect. Calyx 4-partcd. Petals 4, narrowed at the base, imbricated in the bud. Stamens 8, shorter than the petals, hypogynous. Ovary 1-celled. Stigma capitate. Drupe globose, 1-seeded. Cotyledons plano-convex. — Trees or shrubs. Leaves 3 - 7-foliolate, opposite, with glandular pellucid dots. Flow- ers panicled, white. 1 . A. Floridana, Nutt. Smooth ; leaves petioled, trifoliolate ; leaflets ovate, obtuse, entire, on slender stalks ; branches of the panicle opposite ; drupe, like the flowers, dotted. — South Florida. — A shrub or small tree. Leaves 1;-1\|' long, shining above. Flowers yellowish-white. ORDER 37. ANACARDIACE^. (CASHEW FAMILY.) Trees or shrubs, with milky or resinous juice, alternate exstipulate dot- less leaves, and perfect or polygamous regular flowers. — Sepals and petals 4-5, imbricated in the bud. Stamens as many as the petals, or twice as many, and inserted with them into the base of the calyx. Ovary solitary, with a single ovule ascending from the base of the cell. Style simple or 3-cleft. Fruit drupaceous. Seeds without albumen. Radicle curved. • - .- ../.... 1. RHTTS, L. SUMACH. Calyx 5-parted. Petals 5, inserted with the 5 stamens on the disk which sur- rounds the base of the ovary. Stigmas 3. Drupe dry. Radicle superior, in- curved. — Shrubs or small trees. Leaves pinnate or trifoliolate, rarely simple. Flowers small, greenish, in spikes or panicles. ANACARDIACE^:. (CASHEW FAMILY.) 69 * Flowers polygamous, in a dose terminal panicle : drupe red, hairy : leaves pinnate. (Not poisonous.) 1. R. typhina, L. Branches, petioles, and drupes villous ; leaflets 17-21, lanceolate, acuminate, serrate, smooth, pale beneath. — Dry hill-sides, Mississippi to North Carolina, and northward. June and July. — A shrub or small tree. 2. R. glabra, L. Smooth and glaucous; leaflets 17-31, oblong-lanceo- late, serrate, acuminate, white beneath. — Open woods in dry rich soil, West Florida to Mississippi, and northward. July. — A shrub 6° - 10° high. Peti- f olcs terete. 3. R. copallina, L. (SUMACH.) Branches and wing-margined petioles tomentose ; leaflets 9-21, lanceolate or ovate-lanceolate, acute or obtuse, mostly entire, smooth above, paler and downy beneath ; panicle often large and spread- ing. — Margins of fields and open woods, Florida to Mississippi, and northward. July and August. — A shrub or small tree. 4. R. pumila, Michx. Low, procumbent ; branches and petioles tomen- tose ; leaflets 11-13, oval or oblong, acute, coarsely serrate, pale and tomentose beneath. — Pine barrens, Georgia to North Carolina. — Branches 1° high. * * Flowers dioecious, in loose axillary panicles : drupe whitish, smooth : leaves pin- nate and trifoliolate. — (Juice poisonous.) 5. R. venenata, DC. (POISON ELDER.) Smooth ; leaves pinnate ; leaf- lets 7-13, ovate or oblong, abruptly acute or acuminate, entire ; panicles long- peduncled, narrow, erect. (R. Vernix, L.) — Swamps, Florida to Mississippi, and northward. July. — A shrub 8° - 12° high. 6. R. Toxicodendron, L. (Poisox OAK. POISON IVY.) Branches and petioles smooth ; leaves trifoliolate ; leaflets ovate or oblong-ovate ; panicle small, spreading. Var. 1. quercifolium, Michx. Stems low, erect ; leaflets mostly vari- ously lobed. — Dry pine barrens. Var. 2. radicans, Torr. Stems climbing by rootlets ; leaflets toothed or entire, rarely lobed, more or less pubescent. — Swamps, Florida to Mississippi, and northward. July. * * * Flowers dioecious, in loose panicles : drupe oblong, smooth, scarlet : nut char- taceous : seeds arillate : leaves pinnate. 7. R. Metopium, L. Smooth ; leaflets 3-7, coriaceous, long-stalked, ovate or elliptical, acuminate, entire ; panicle narrow, as long as the leaves ; calyx-lobes yellowish-white ; petals and stamens 5. — South Florida. — A tree 15° -20° high. * # # * Flowers dioecious, in short bracted spikes, appearing with the leaves : drupe red, hairy : leaves trifoliolate. 8. R. aromatica, Ait. Stem low, smooth ; leaflets ovate, or the termi- nal one obovate, obtuse, pubescent when young, toothed above the middle ; spikes single or clustered, spreading. — Dry open woods, West Florida to Mis- sissippi, and northward. March and April. — Shrub l°-2° high. Spikes 1' long. — Plant aromatic, not poisonous. 70 VITACE^E. (VINE FAMILY.) * Flowers perfect, in an open panicle, the pedicels mostly abortive, elongat- ing, and plumose : drupe smooth. 9. B. COtinoides, Nutt. Smooth; leaves simple, membranaceous, oval, obtuse, entire, acute at the base, the upper ones long-petioled ; panicle nearly sessile, narrow, with erect branches ; flowers minute. — Interior of Alabama, Buckley. Leaves, with the petiole, 3' -4' long. ORDER 38. VITACE^E. (VINE FAMILY.) , Climbing shrubs, with watery juice, opposite stipulate leaves, and small greenish flowers in panicled clusters opposite the leaves. — Calyx minute, truncated. Petals 4 -5, hypogynous or perigynous, valvate in the bud, deciduous. Stamens 4-5, opposite the petals: anthers introrse. Ovary 2-celled, with 2 erect collateral ovules in each cell. Style short or none : stigma slightly 2-lobed. Berry- 1-4-seeded. Seeds anatropous, bony. Embryo minute at the base of hard or fleshy albumen. Radicle inferior. — Leaves simple or compound. Tendrils opposite the leaves. Flowers perfect or polygamous, 1. VITIS, L. VINE. GRAPE. Petals distinct, or remaining united at the apex and separating at the base, inserted into a 4 - 5-lobed or cup-shaped disk which surrounds the ovary. § 1. Cissus. — Flowers perfect: petals and stamens 4-5: style conspicuous: stigma minute : leaves simple or compound. 1. V. bipinnata, Torr. & Gray. Leaves bipinnate, smoothish; leaflets small, ovate, sharply toothed; flowers somewhat cymose, on a long forking peduncle ; petals 4-5, united at the apex, separating at the base ; style conical ; disk 4 - 5-lobed ; berry 2 - 4-seeded, ( Ampelopsis bipinnata, Michx.) — Margins of swamps, Florida and northward. June and July. — Tendrils none. Leaflets 1 ' long. Berry small, black. 2. V. acida, L. Branches geniculate ; leaves trifoliolate, thick and rigid ; leaflets small, cuneate-obovate, sharply toothed at the apex; flowers in com- pound umbels ; petals 4, united at the apex, separating at the base ; style slen- der ; disk cup-shaped, entire ; berry black, 1-seeded. — Key West. — Tendrils stout and elongated. Leaflets £' long. Branchlets and peduncles flattened and elongated. Leaves and parts of the panicle separating in drying, as also in the next species. ,. 3. V. incisa, Nutt. Smooth; stem climbing, warty; leaves trifoliolate, very thick and fleshy ; leaflets stalked, wedge-shaped and entire near the base, the lateral ones 2-lobed, the middle 3-lobed, all mucronate-toothed or serrate ; berry (purple) globose-ovate, nodding, pointed with the conspicuous slender style, 1-seeded. — Sandy shores of St. Vincent's Island, West Florida and westward. Fruiting in November. — Stem 6° -12° long. Leaflets l'-3' long. Panicles cymose. Berry 5''- 6" long. Flowers not seen. VITACEJE. (VINE FAMILY.) 71 4. V. indivisa, Willd. Leaves simple, undivided, ovate, truncate, or cor- date at the base, acuminate, toothed-serrate, pubescent ; peduncles forking ; petals and stamens 5 ; style slender; disk cup-shaped; berry 1-3-sceded. — Banks of rivers, Florida to North Carolina, and westward. June. — Stem climbing high. Berry small, black. § 2. VITIS. — Mowers polygamous : petals 5, cohering at the top, free at the base: stamens 5 : style short : disk thick, 5-lobed : leaves simple, cordate, entire or variously lobed. * Leaves and branches woolly, 5. V. Labrusca, L. (FOX-GRAPE.) Leaves broadly cordate, angularly 3 -5-lobed, mucronate-serrate, very woolly when young, at length smoothish above ; fertile panicles or racemes few-flowered ; berry large. — River-swamps, Mississippi to North Carolina, and northward. May and June. — Leaves 4' -6' wide. Berry £' in diameter, purple or whitish, pleasant-flavored. 6. V. Caribsea, DC Leaves round-cordate, with a broad and shallow sinus, entire or 3-lobed, wavy-serrate, acute or acuminate, soon smooth abov«, the lower surface, like the branches, petioles, and panicles, clothed with soft ash- colored down ; panicles equalling or longer than the leaves ; pedicels smooth. (V. coriacea, Shuttl.1 a form with smaller and more rigid leaves.) — South Florida. Berry £' in diameter. 7. V. sestivalis, Michx. (SUMMER GRAPE.) Leaves broadly cordate, entire or 3 - 5-lobed, or on young plants pinnatifid, mucronate-serrate, covered with a loose cobwebby down, at length smooth or nearly so on both sides ; pani- cles long, many-flowered; berry small. — Rich woods, Florida to Mississippi, and northward. June. — Stem climbing high. Leaves 4' -7' wide. Panicle 6' -12' long, compound. Berry deep blue, very austere. * * Leaves and branches smoothish. 8. V. COrdifolia, Michx. (FROST GRAPE.) Leaves thin, broadly cor- date, entire or slightly 3-lobed, mucronate-serrate; pubescence, when present, soon vanishing ; panicles compound, many-flowered ; berry small. — River- swamps, Florida to Mississippi, and northward. May and June. — Leaves 3' - 6' wide. Berry almost black, very acid. — A form with broader incisely lobed and toothed leaves is V. riparia, Michx. 9. V. VUlpina, L. (MUSCADINE. BULLACE.) Leaves broadly cordate, toothed-serrate, smooth and glossy on both sides, or rarely, like the branches, pubescent, the sinus at the base broad and rounded, or narrow and acute ; panicle small; berry large. (V. rotundifolia, Michx.)— Banks of rivers, Florida to North Carolina, and westward. June. — Stem climbing high, with pale and smooth bark. Leaves 2' - 3' wide. Berry £'-\|'m diameter, purple, pleasant- flavored. — A form with smaller leaves and berries, the latter very austere, is sometimes called the MUSTANG GRAPE. 2. AMPELOPSIS, Michx. Petals distinct, spreading, concave. Disk none. — Leaves digitate. Flowers clustered, in corymbose panicles. 72 RHAMNACE^E. (BUCKTHORN FAMILY.) 1. A. quinquefolia, Michx. (VIRGINIAN CREEPER.) — Low grounds, Florida and northward. June. — Stem climbing by lateral tendrils. Leaflets 5, oblong-obovate, serrate above the middle, smooth. Berry small, dark-blue. ORDER 39. RHAMNACE-3E. (BUCKTHORN FAMILY.) Trees or shrubs, with simple mostly stipulate leaves, and small regular perigynous greenish or whitish flowers. — Sepals 4-5, united below, val- vate in the bud. Petals alternate with the sepals, concave or hooded, sometimes wanting. Stamens opposite the petals, and inserted with them into the margin of a fleshy disk, which lines the base of the calyx. Ovary 1 - 4-celled, with a solitary erect anatropous ovule in each cell. Style single. Fruit drupaceous. Embryo large, in the axis of scanty fleshy albumen. Radicle inferior. Synopsis. * Drupe baccate, 1 - 2-celled. Ovary immersed in the disk. 1. SCUTIA. Petals 5, or none. Drupe 1-celled. Calyx adnate to the base of the ovary. 2. BERCHEMIA. Petals 5. Drupe 2-celled. Calyx free. * * Drupe baccate, separating into 2-4 nutlets. 3. SAGERETIA. Leaves opposite. Nutlets 3. Flowers spiked. 4. RHAMNUS. Leaves alternate. Seed furrowed on the back. Flowers clustered. 6. FRANGULA. Leaves alternate. Seed not furrowed. Flowers umbelled. * * * Drupe at length dry, separating into 3 nutlets. 6. CEANOTHUS. Flowers coryinbed. Calyx white. Nutlets 2-valved. 7. COLUBRINA. Flowers cymose. Calyx green. Nutlets opening at the inner angle. 8. GOUANIA. Flowers spiked. Woody vines. SCUTIA, Commers. Calyx-tube hemispherical or pitcher-shaped, with 5 acute lobes. Petals 5, in- serted into the margin of the disk, short-clawed, sometimes wanting. Ovary adhering to the disk below, 2-3-celled, with a single erect ovule in each cell. Style single, conical. Stigma 2-3-lobed. Fruit 1-celled, or separating into 2-3 one-seeded nutlets. Seeds without albumen. Radicle very short. — Shrubs, with alternate or opposite coriaceous entire 2-stipulate leaves, and small axillary flowers in simple umbels. 1 . S. ferrea, Brongn. Spineless ; mature leaves coriaceous, opposite or alternate, elliptical or obovate, emarginate, obtuse at the base, short-petioled ; stipules by pairs, ovate, minute ; flowers clustered, axillary, on short pedicels ; calyx-tube 5-angled, the lobes ovate ; ovary immersed in the thick 5-lobed disk, 2-celled, with an ascending ovule in each cell ; style very short ; stigmas 2, thick, erect; drupe 1-celled, 1 -seeded. (Rhamnus ferreus, Vahl. Zizyphus emargina- tus, Swartz.) — South Florida. — Branches opposite, whitish. Leaves pale, 1' long. RHAMNACE^E. (BUCKTHORN FAMILY.) 73 2. BERCHEMIA, Neck. SUPPLE-JACK. Calyx 5-cleft, the tube hemispherical. Petals 5, sessile, concave, as long as the calyx. Ovary free, 2-celled, half immersed in the fleshy disk. Styles united. Stigmas 2. Drupe oblong, 2-celled, 2-seeded. — Erect or twining shrubs, with alternate pin nately- veined leaves, with minute stipules, and small greenish axil- lary or panicled flowers. 1. B. VOlubilis, DC. Stem twining; leaves oblong, acute, wavy on the margins, glossy above, the simple veins oblique ; flowers in small terminal pan- icles ; drupe purple. (Zizyphus volubilis, Willd.} — Swamps, Florida to North Carolina, and westward. June. 3. SAGERETIA, Brongn. Calyx 5-cleft, the tube hemispherical, the lobes carinate within. Petals obo- vate, shorter than the calyx, concave. Ovary free, 3-celled. Stigmas 3, nearly sessile. Drupe baccate, composed of three even 1 -seeded indehiscent nutlets. Seeds not grooved. Cotyledons flat. — Slender trailing shrubs, with opposite branches and leaves, and minute whitish spiked flowers. 1. S. Michauxii, Brongn. Stem vine-like (6° -18° long), with spine- like spreading branches ; leaves (!' long) nearly sessile, ovate or oblong-ovate, acute, finely serrate, smooth and shining, persistent ; spikes slender, interrupted, mostly panicled ; petals minute ; drupe dark-purple, globose. (Rhamnus minu- tiflorus, Michx. ) — Dry sandy soil along the coast, Florida to North Carolina. September. — Drupes pleasantly acid. 4. RHAMNUS, Tourn. BUCKTHORN. Calyx 4 - 5-cleft, the tube urceolate, lined with a thin disk. Petals small, ob- ovate, concave, often wanting. Ovary free, 2-4-celled. Styles united below. Stigmas 2-4. Drupe baccate, composed of 2-4 somewhat dehiscent nutlets. Seeds grooved on the back. Raphe dorsal. Cotyledons leafy, revolute. — Shrubs, with alternate stipulate finely veined leaves, and small axillary clustered polygamous or dioecious greenish flowers. 1. R. lanceolatus, Pursh. Leaves oblong-lanceolate, acute, or those of the flowering branches oblong and obtuse, serrulate ; flowers clustered, on short pedi- cels, with long styles, or the more fruitful ones scattered on longer pedicels, and with short styles ; petals emarginate ; drupe 2-seeded. — Hills and river-banks, in the upper districts, Alabama and northward. June. — A tall shrub. Drupes black, as large as a grain of pepper. 5. FRANGULA, Tourn. Seeds not grooved. Raphe lateral. — Leaves strongly parallel- veined. Flow- ers perfect. Otherwise as in Rhamnus. 1. F. Caroliniana, Gray. (CAROLINA BUCKTHORN.) Leaves oblong, wavy and finely serrulate on the margins, the slender petioles and many-flowered short-stalked umbels pubescent ; petals 5, minute ; stigmas 3 ; drupe globose, 7 74 RHAMNACE^E. (BUCKTHORN FAMILY.) 3-seeded. (Rhamnus Carolinianus, Walt.) — Banks of rivers, Florida to North Carolina and westward. June. — A shrub or small tree. Leaves 3' - 4' long. 6. CEANOTHUS, L. JERSEY TEA. Calyx colored, 5-cleft, with the tube adnate to the ovary and persistent, the lobes connivent, deciduous. Petals 5, longer than the calyx, hooded, long-clawed. Stamens exserted. Style 3-parted. Drupe dry, composed of three 2-valved 1-seeded nutlets. Embryo in fleshy albumen. Cotyledons flat. — Shrubby plants, with alternate serrulate minutely stipulate 3-ribbed leaves, and small flowers in lateral and terminal corymbs or panicles. 1. C. Americanus, L. Branches pubescent ; leaves deciduous, variable in size, ovate or ovate-lanceolate, acute or obtuse, sharply serrate, more or less pubescent, petioled ; peduncles elongated, mostly 2-leaved above. — Dry woods, Florida to Mississippi, and northward. July. — Plant shrubby, l°-2°high. Leaves 3-ribbed, varying from f ' (C. intermedius, Ell.) to 3' long, often nearly smooth (C. herbaceus, Raf.). Flowers and pedicels white. 2. C. microphyllus, Michx. Stem erect, diffusely much-branched ; leaves perennial, small, obovate, slightly crenate, 3-ribbed, glossy above, with scattered hairs beneath ; those in the axils clustered ; corymbs small, terminal. — Dry barrens, Florida and Georgia, and westward. April and May. — Shrub l°-2° high, yellowish. Leaves 2" -3" long. Pedicels and flowers white. Drupe black. 3. C. serpyllifolius, Nutt. Decumbent, diffusely branched ; branches filiform ; leaves very small, ovate-elliptical, serrulate, obtuse, the lower surface, as wrell as the petioles, strigose ; peduncles axillary ; flowers few, in a simple corymbose head. — Near St. Mary's, Georgia. — Leaves 3" - 5" long. Pe- duncles 12-15-flowered. 7. COLUBRINA, Rich. Calyx herbaceous, with spreading lobes. Nutlets opening at the apex and down the inner angle. Embryo in thin albumen. Othenvise chiefly as in Ce- anothus. — Tropical shrubs, with alternate parallel-veined leaves, and small flowers in close axillary cymes. 1. C. Americana, Nutt. Leaves coriaceous, ovate-oblong, entire, the lower surface, as also the branches and calyx, covered with a dense rust-colored pubescence ; cyme small, shorter than the petiole ; petals spatulate, emarginate, shorter than the calyx ; drupe 3-lobed. — South Florida.'— Leaves 2' -4' long. Drupe 4" in diameter. 8. GOTTANIA, Jacquin. CHAW-STICK. Calyx 5-cleft, partly adnate to the ovary, the lobes spreading. Petals 5, shorter than the calyx, and inserted into the sinuses of the 5-lobed disk which lines its tube, hooded, and enclosing the short stamens. Ovary 3-celled, 3-ovuled. Style 3-cleft. Drupe dry, 3-lobed or 3-winged, separating from the central axis CELASTRACE^E. (STAFF-TREE FAMILY.) 75 into three valveless nutlets. Embryo in the axis of thin albumen. — Tropical, chiefly climbing shrubs, with alternate stipulate toothed leaves, and perfect or polygamous flowers in terminal spiked clusters. 1. G. Domingensis, L. Branches pubescent; leaves oblong-ovate, ta- pering into an obtuse point, serrate, petioled ; spikes elongated, bearing a tendril at the base ; drupe globose, 3-winged. — South Florida. — Leaves 2' - 4' long. Flowers minute, yellow. Lobes of the disk emarginate. ORDER 40. CEL.ASTRACEJS. (STAFF-TREE FAMILY.) Shrubs, with simple stipulate leaves, and small regular flowers. — Sepals and petals 4-5, imbricated in the bud. Stamens 4-5, alternate with the petals, and inserted with them on the disk which fills the bottom of the calyx. Ovary free, 1 - 5-celled, with 1 - several erect ovules in each cell. Styles united. Fruit capsular or drupaceous. Seeds often arilled. Embryo in the axis of the albumen. — Flowers perfect or polygamous. Synopsis. * Fruit a 1 - 2-seeded drupe. 1. MYGINDA. Ovary 4-celled. Stigmas 4. Drupe 1-seeded. Leaves opposite. Flowers perfect. 2. SCII^EFFERIA. Ovary 2-celled. Stigmas 2. Drupe 2-seeded. Leaves alternate. Flowers dioecious. * * Fruit a 3 - 6-valved capsule : seeds arilled. 3. EUONYMUS. Flowers perfect, in axillary cymes. Calyx flat. Leaves opposite. 4. CELASTRUS. Flowers polygamous, in terminal racemes. Calyx cup-shaped. Capsule globose. Leaves alternate. 5. MAYTENUS. Flowers axillary. Calyx flat. Capsule 3-angled. Leaves alternate. 1. MYGINDA, Jacq. Flowers perfect. Sepals 4, united below. Petals 4, roundish. Stamens 4. Ovary 4-celled, with a solitary anatropous ovule in each cell. Style short, 4-cleft. Drupe 1 -celled, 1-seeded. Seed erect. Embryo in thin albumen. Cotyledons flat. Eadicle inferior. — Tropical shrubs, with small opposite coriaceous leaves, and minute white or reddish flowers on axillary forking peduncles. l.M. Rhacoma, Swartz. Branches slender, pubescent, angled ; leaves ob- long, obtuse, crenate, nearly sessile, paler and often discolored beneath ; pedun- cles filiform, shorter than the leaves, cymosely 2 - 4-flowered ; calyx-lobes round, pubescent ; petals oval, concave, ciliate ; stigmas spreading ; drupe obovate. — South Florida. — A small shrub. Leaves £'- 1' long, glabrous. 2. M. ilicifolia, Lam. Branches terete^ pubescent; leaves smooth, round- ovate, spiny-toothed, short-petioled ; peduncles shorter than the leaves, umbel- lately 3 - 4-flowered ; calyx 4-toothed ; petals rounded ; drupe obovate, pointed with the persistent style.— South Florida. — A small shrub. Leaves £'-f long. 76 CELASTRACE^E. (STAFF-TREE FAMILY.) 3. M. ? latifolia, Swartz. Smooth ; branchlets 4-angled ; leaves opposite, coriaceous, obovate, rounded or emarginate at the apex, narrowed at the base into a short petiole, the margins revolute and obscurely crenate ; cymes axillary and terminal, shorter than the leaves, widely spreading, few-flowered, or in the more sterile plant many-flowered ; sepals roundish, much shorter than the oblong petals ; disk with four emarginate lobes alternating with the stamens ; ovary 2-celled, with a single suspended ovule in each cell ; stigma sessile, 2-lobed ; drupe ovoid, 1 -seeded; embryo large, in thin albumen. — South Florida.— Shrub 8° - 10° high. Leaves 1' long. 2. SCH^PFERIA, Jacq. Flowers dioecious. Sepals 4, barely united at the base, rounded, 3-furrowed. Petals 4, spatulate-oblong, much longer than the calyx. Stamens 4. Ovary 2-cclled. Stigmas 2, sessile. Drupe dry, 2-celled, 2-seeded. Embryo in oily albumen. Radicle inferior. — Shrubs or trees, with alternate leaves and small greenish flowers in axillary clusters. 1. S. frutescens, Jacq. Smooth; leaves obovate-oblong, entire, acute or obtuse ; flowers 3 - 5 in a cluster, the slender pedicels arising from a wart-like peduncle ; drupe globose. — South Florida. — A small tree with hard and close- grained wood. Leaves 1 £' long, pale green. 3. EUONYMUS, L. SPINDLE-TREE. Flowers perfect. Calyx flat, 4-5-clcft. Petals 4-5, spreading. Stamens 4-5, very short, inserted with the petals under the broad and fleshy disk which surrounds the ovary. Ovary 3-5-celled, with 2 erect or resupinate ovules in each cell. Style very short. Capsule 3-5-celled, loculicidally 3-5-valved. Seed enclosed in a red pulpy aril. — Erect or trailing shrubs, with 4-angled branches, opposite serrate leaves, and greenish or purplish flowers in axillary peduncled cymes. 1. E. Americanus, L. (STRAWBERRY BUSH.) Flowers greenish, pentamerous; peduncles 1 - 3-flowered ; capsule warty; leaves short-petioled, varying from ovate or obovate to linear-lanceolate, serrulate. — Low shady woods, Florida and northward. May and June. — Shrub 3° - §° high. Leaves 1'- 2' long. 2. E. atropurpureus, Jacq. Flowers purple, tetramerous ; peduncles many-flowered ; capsule smooth ; leaves oblong, on rather long petioles, serru- late. — River-banks, Florida and northward. May and June. — Shrub 8°- 12° high. Leaves 2' - 5' long. Flowers dark purple. 4. CELASTRUS, L. STAFF-TREE. Flowers somewhat dioecious. Calyx cup-shaped, 5-cleft. Petals 5, spreading. Stamens 5, inserted with the petals into the edge of the cup-shaped fleshy disk which fills the tube of the calyx, abortive in the fertile flower. Ovary 2-4- celled, the cells 2-ovuled. Style thick. Capsule, globose, commonly 3-celled STAPHYLEACE^. (BLADDER-NUT FAMILY.) 77 and 3-valvcd. Seeds 1 - 2 in each cell, enclosed in a fleshy scarlet aril. Embryo in the axis of copious fleshy albumen. — Climbing shrubs, with alternate leaves, and small greenish flowers in axillary or terminal racemes. 1. C. scandens, L. Leaves oblong-ovate or obovate, acuminate, serrate, smooth ; racemes terminating the branches, nearly simple ; capsule orange- colored. — Woods and banks of streams along the mountains of North Carolina, and northward. Juno. 6. MAYTENUS, Juss. Flowers polygamous. Calyx flat, 5-cleft. Petals 5. Stamens 5, very short, inserted with the petals under the edge of the flat circular disk which envelops the ovary. Ovary 2 - 3-celled, with a solitary erect ovule at the base of each cell. Style very short and thick. Stigma 2-3-lobed. Capsule coriaceous, 1 - 3-celled, loculicidally 2 - 3-valved, yellow within. Seeds 1-3, enclosed in a thin pulpy aril. Embryo in the axis of thin fleshy albumen. — Trees or shrubs. Leaves opposite or alternate. Flowers chiefly in axillary clusters. 1. M. phyllanthoides, Benth. Leaves fleshy, alternate, oblong-obo- vate, obscurely crenate and reticulate, glabrous ; flowers minute, clustered, ap- parently perfect; capsule obovate, 3-angled, 1 -celled, 1-3-seeded. — South Florida. — Leaves 1'- 1^' long. ORDER 41. STAPHYLEACE^E. (BLADDER-NUT FAMILY.) Erect shrubs, •with opposite pinnate stipulate leaves, and perfect regular pentandrous flowers. — Calyx 5-parted, colored. Petals and stamens 5, perigynous. Ovary 2 - 3-celled. Ovules 1 - 8 in each cell, attached to the central angle of the cell. Fruit capsular or baccate. Seeds bony, truncated at the base. Embryo straight in scanty albumen. 1. STAPHYLEA, L. BLADDER-NUT. Flowers perfect. Calyx erect, persistent. Petals obovate, erect, alternate with the sepals, imbricated in the bud. Stamens inserted with the petals into the edge of the 5-lobed disk which fills the base of the calyx. Ovary 3-celled, the cells sometimes separate above, 6 - 8-ovuled. Capsule 3-lobcd, mcmbrana- ceous, inflated, few-seeded. — Leaflets stipellate. Flowers white, in drooping compound racemes. 1. S. trifolia, L. Leaves trifoliolate ; leaflets ovate, acuminate, serrate, pubescent beneath, the terminal one long-stalked ; racemes lateral and terminal ; styles 3, connivent ; capsule reticulated, 1-3-seeded. — Damp woods, North Carolina, Tennessee, and northward. May. — Shrub 10° high. Capsules 2; long, 1' in diameter. 7* 78 SAPINDACE^E. (s OAF-BERRY FAMILY.) ORDER 42. SAPINDACE^E. (SOAP-BERRY FAMILY.) Trees or shrubs, rarely herbs, with exstipulate alternate or opposite leaves, and chiefly irregular and 7 - 9-androus flowers, imbricated in the bud. — Calyx 4-5-lobed. Petals 4-5, inserted with the stamens into a hypogynous or somewhat perigynous disk. Anthers opening lengthwise. Ovary 3-celled, the cells 1 - 2-ovuled. Seeds without albumen. Embryo mostly curved or convolute. Cotyledons incumbent, fleshy. Synopsis. TRIBE I. DODONE^S. —Ovules 2-3 in each cell. Embryo spirally coiled. Cotyledons distinct. — Leaves alternate. 1. DODON^IA. Ovules 2 in each cell. Petals none. Capsule 2 - 4-winged. TRIBE II. SAPINDEJE. — Ovules usually solitary. Embryo curved or straight. Coty- ledons distinct. — Leaves alternate. 2. HYPELATE. Ovules 2 - 3 in each cell. Petals 4-5, regular. Fruit drupaceous. 3. SAPINDUS. Ovules solitary. Petals 5, regular. Fruit baccate. 4. CARDIOSPERMUM. Ovules solitary. Petals 4, irregular. Fruit a bladder-like capsule. TRIBE III. HIPPOCASTANE.33. — Ovules 2 in each cell. Embryo roundish. Coty- ledons very thick and partly united. — Leaves opposite. 6. ^ESCULUS. Calyx 5-lobed. Petals 4 - 6, unequal. — Leaves digitate. 1. DODONJEA, L. Flowers perfect or polygamous. Calyx 3 - 5-parted. Petals none. Stamens 5-8: anthers thick, on short filaments. Ovary 3-4-celled, with 2 ovules in each cell; the upper one ascending, the lower pendulous. Styles united. Cap- sule membranaceous, 2 -4-winged, septicidally 2 -4-valved, the cells 1 - 2-seeded. Embryo spirally coiled. — Trees or shrubs, with chiefly simple leaves, and axil- lary or terminal whitish or greenish flowers. 1 . D. viscosa, L. Leaves viscid, oboyate-oblong, entire, parallel-veined ; racemes axillary and terminal, shorter than the leaves; capsule 3-winged, 3- seeded. — South Florida. — Shrubs 6° - 10° high. Flowers greenish. 2. HYPELATE, P.Browne. Calyx 3 -5-parted. Petals 4-5, regular. Stamens 6-10, inserted on the inner face of the cup-shaped disk which fills the base of the calyx. Ovary 2- celled, with 2-3 pendulous ovules in each cell. Styles united. Stigma 2-lobed. Drupe globose, 1- 2-seeded. Embryo erect.— Trees with alternate trifoliolate or abruptly pinnate leaves, and clustered or panicled polygamous flowers. 1. H. trifoliata, P.Browne. Leaves trifoliolate; leaflets obovate, coria- ceous, glabrous, entire ; panicles corymbose, slender, axillary, longer than the leaves, few-flowered; calyx 3-4-parted, pubescent within; petals 4, ciliate; drupe black, 1 -seeded. — South Florida. — A small tree, with brittle branches. Leaflets 1' long, with fine oblique parallel veins. Flowers small, white. Sta- mens 6-8. SAPINDACEJE. (SOAP-BERRY FAMILY.) 79 2. H. paniculata, Don. Leaves abruptly pinnate ; leaflets 2 or 4, ob- long, obtuse, entire, smooth, opposite ; panicles axillary and terminal, with com- pressed branches ; flowers hoary-tomentose ; calyx-lobes and petals 4, rounded; cells of the ovary 2-ovuled. (Melicocca paniculata, Juss. ?) — South Florida. Branches purplish, dotted with white. Leaflets 2' - 3' long. 3. SAPINDUS, L. SOAP-BERRY. Calyx 5-parted, deciduous. Petals 5, regular, with a scale at the base of each within. Stamens 8-10, inserted on the hypogynous disk. Styles united. Stig- mas 3. Ovary 3-celled, the cells 1-ovuled. Fruit baccate, globose or 2-3- lobed, 1-3-seeded. Seeds bony. Embryo incurved. — Trees, with abruptly pinnate leaves, and small polygamous flowers in axillary or terminal racemes or panicles. 1. S. marginatus, Wild. Petioles wingless; leaflets 9-18, opposite or Alternate, ovate-lanceolate, unequal-sided, strongly veined above ; panicles large, dense-flowered ; fruit globose. — Georgia and Florida, near the coast, and west- ward. — A tree 20° - 40° high. Flowers white. 4. CARDIOSPERMUM, L. Sepals 4, the 2 outer ones much shorter. Petals 4, irregular, each with a petal-like scale at the base within ; those of the 2 outer petals entire, the others with a crested appendage on the inner edge. Stamens 8. Disk 2-glandular. Cells of the ovary 1-ovuled. Style 3-cleft. Capsule 3-angled, 3-celled, locu- licidally 3-valved, inflated. Seed furnished with a cordate aril. — Herbs, climb- ing by tendrils. Leaves biternate. 1. C. Halicacabum, L. — South Florida, apparently native, and not un- common in cultivation. — Annual. Stem slender. Leaflets ovate-lanceolate, incisely lobed and toothed. Capsule pear-shaped, 1' in diameter. * 5. JESCULUS, L. ' HORSECHESTNTJT. BUCKEYE. Calyx 5-lobed, unequal. Petals 4- 5, unequal, clawed. Stamens 5-8, usu- ally 7, inserted on the annular hypogynous disk. Style slender. Ovary 3-celled, the cells 2-ovuled. Capsule coriaceous, 1 - 3-celled, loculicidally 2 - 3-valved, 1 - 3-seeded. Cotyledons very large and thick, partly united. — Trees or shrubs, with opposite long-petioled digitate leaves, and showy polygamous flowers, in terminal panicles. § 1. JEscuLUS proper. Fruit prickly. 1. JR. glabra, Willd. Stamens almost twice the length of the erect nearly equal pale yellow petals ; panicle oblong-ovate, loosely flowered ; leaflets 5, oval or oblong, acuminate, unequally serrulate, smooth or slightly pubescent beneath. (IE. pallida, Willd.) — Banks of rivers, Tennessee and northward. May and June. — A small tree with rough strong-scented bark. Flowers small. § 2. PA vi A. Fruit smooth. 2. JE. Pavia, L. Stamens slightly exserted; claws of the two upper 8(> ACERACE^E. (MAPLE FAMILY.) petals as long as the tubular calyx ; panicle oblong ; leaflets 5, varying from lanceolate to oval, short-acuminate, finely serrate, smooth, or nearly so, on both surfaces — Rich soil, Florida to North Carolina, and westward. March - May. — A shrub, or in the upper districts, a small tree. Flowers red. 3. JE. flava, Ait. Stamens included; claws of the lateral petals longer than the tubular-campanulate calyx ; panicle oblong, pubescent ; leaflets 5-7, obovate-oblong, acuminate, finely serrate, pubescent beneath.— Rich soil, in the middle and upper districts of Georgia to North Carolina and northward. April and May. — A shrub or small tree. Flowers pale yellow. JE. discolor, Pursh, is a form of this species with more strongly serrate leaflets, and flesh-colored or dull purple flowers. 4. JE. parviflora, Walt. Stamens 3 times as long as the corolla ; claws of the nearly similar petals longer than the obconical calyx ; panicle racemose, very long; leaflets 5 - 7, oval-obovate, tomentose beneath. (JE. macrostachya, Mchx.) — Upper districts of Georgia and South Carolina. April and May. — Shrub 3° - 9° high. Flowers white, Stamens 6 or 7. ORDER 43. ACERACE^S. (MAPLE FAMILY.) Trees or shrubs, with opposite palmately lobed or pinnate exstipulate leaves, and regular mostly polygamous or dioecious flowers, with an imbri- cated aestivation. — Calyx 4-9-lobed. Petals as many as the lobes of the calyx, or none. Stamens 4-12, inserted with the petals into a hypogy- nous disk. Ovary 2-celled, with 2 pendulous amphitropous ovules in each cell, forming in fruit a double 2-seeded samara. Styles 2. Seeds with little or no albumen. Embryo folded or spirally coiled. 1. ACER, L. MAPLE. Flowers polygamous. Petals usually 5-8, or none. Stamens 4-12. — Leaves simple, palmately lobed. Flowers clustered or racemose. * Flowers in terminal racemes, appearing after the leaves. 1. A. Pennsylvanieum, L. (STRIPED MAPLE.) Racemes simple, drooping; flowers (15-25) large ; petals obovate ; leases slightly cordate, with 3 acuminate finely serrate lobes ; samara large. (A. striatum, Lam.) — Banks of mountain streams, Georgia and northward. May. — A shrub or small tree, with striped bark. Flowers greenish. 2. A. spicatum, Lam. (MOUNTAIN MAPLE.) Racemes compound, erect ; flowers small, very numerous ; petals linear-spatulate ; leaves cordate, 3-lobed, coarsely serrate ; samara small. — With the preceding. — Shrub 6° - 10° high. Leaves pubescent beneath. * * Flowers on long and drooping umbellate or corymbose pedicels, developed from lateral and terminal buds. 3. A. saceharinum, Wang. (SUGAR MAPLE.) Leaves cordate, with 3-5 acute or acuminate sinuate-toothed lobes, paler and slightly pubescent be- MALPIGHIACE^E. (MALPIGHIA FAMILY.) 81 neath ; flowers umbellate-corymbcd, appearing with the leaves ; calyx bell-shaped, fringed on the margin, nearly as long as the stamens ; petals none. — Rich soil, chiefly in the upper districts, and northward. April and May. — A large tree. Leaves 3' -5' wide. Var. Floridanum. Leaves truncate or slightly cordate at the base, with 3-5 obtuse and obscurely 3-toothed lobes ; flowers umbellate, appearing before the leaves ; calyx short, cup-shaped, hairy, one third as long as the stamens. — Upland woods, Middle Florida. March and April. — A small tree. Leaves, flowers, and fruit scarcely half as large as in the ordinary form. * * * Flowers on short and erect clustered pedicels, developed from lateral buds, and appearing before the leaves : fruiting pedicels long and drooping. 4. A. dasycarpum, Ehrh. (SILVER MAPLE.) Leaves cordate, 3-5- lobed, sharply toothed and serrate, white beneath ; petals none ; samara large, woolly when young. — Banks of rivers, Florida to Mississippi, and northward. February and March. — A tree 30° - 50° high, with soft wood. Flowers yel- lowish. 5. A. rubrum, L. (RED or SWAMP MAPLE.) Leaves 3-5-Iobed, or undivided, smooth or pubescent, either cordate or rounded, or sometimes acute at the base, toothed and serrate, white beneath ; petals oblong or linear ; samara small, smooth. — Swamps, Florida to Mississippi, and northward. February and March. — A small tree. Flowers and fruit red. 2. NEGUNDO, Mcench. ASH-LEAVED MAPLE. Flowers dioecious. Calyx minute. Petals none. Stamens 4-5, hypogynous. — A small tree, with smooth green bark. Leaves pinnately 3 - 5-foliolate, the leaf- lets ovate or oblong, lobed or toothed. Flowers small, greenish ; the sterile ones on long and drooping clustered pedicels, the fertile ones racemose, both from lateral buds appearing with or before the leaves. 1. N. aceroides, Mrench. (Acer Negundo, L.) River-banks, Florida and northward. March and April. ORDER 44. MAL.PIGHIACEJE. (MALPIGHIA FAMILY.) Trees or shrubs, with opposite simple dotless and mostly stipulate leaves, and regular racemose or corymbose flowers on usually jointed pedicels. — Calyx 5-parted. Petals 5, alternate with the calyx-lobes, unguiculate, sometimes wanting. Stamens 10, alternate with the petals, and inserted with them into a hypogynous disk : anthers roundish. Ovary solitary, mostly 3-lobed, consisting of three more or less united carpels. Styles 3, distinct or united. Fruit composed of one to three 1-seeded cells or car- pels. Seeds pendulous, without albumen. Cotyledons thick or leafy. 82 POLYGALACEJE. (MILKWORT FAMILY.) 1. BYRSONIMA, Rich. Calyx with 10 glands at the base without. Petals 5. Stamens monadelphous at the base. Styles 3. Fruit drupaceous, 3-celled, 3-seeded. — Racemes termi- nal, simple or branched. 1. B. lucida, Rich. Smooth; stem much-branched; leaves coriaceous, wedge-obovate, obtuse, entire, short-petioled, shining above, paler beneath, vein- less ; racemes erect, bracted, simple, twice the length of the leaves ; pedicels slender, spreading ; petals yellow, orbicular-cordate, wavy, long-clawed ; drupe smooth, globose. — South Florida. — A small shrub. Leaves 1' long. Drupe as large as a grain of pepper. ORDER 45. POLYGALACE^E. (MILKWORT FAMILY.) Herbs or shrubs, with entire exstipulate leaves, and irregular hypogy- nous monadelphous or diadelphous flowers. — Anthers 1 -celled, opening by a terminal pore. Ovary 2-celled, with a single anatropous pendulous ovule in each cell. Seeds often carunculate. Embryo straight in scanty albumen. Radicle superior. 1. POLYGALA, L. MILKWORT. Sepals 5, persistent, unequal ; the two lateral ones (wings) larger and petal-like. Petals 3, more or less united ; the middle one (keel) larger, and usually crested at the apex. Stamens 8, rarely 6, united into a tube, or into two equal sets, and also with the claws of the petals. Style curved, clavate. Stigma terminal or lateral. Capsule 2-celled, 2-seeded. Seeds suspended, carunculate. — Chiefly herbs. Leaves alternate or whorled. Flowers in terminal spikes or racemes, rarely axillary, or radical and imperfect § 1. Flowers in globose or oblong more or less compact spikes. * Spikes corymbose : biennials. 1. P. cymosa, Walt. Stem tall, simple ; leaves scattered, linear, acute, the upper bract-like, the lowest long (6' -9') and crowded; corymbs simple or compound ; wings oblong, abruptly acute ; seeds minute, globose-obovate, smooth ; caruncle none. (P. corymbosa, Ell. P. acutifolia, Torr. fr Gray. P. graminifolia, Poir. P. attenuata, Nutt.) — Pine barren ponds, Florida to North Carolina, and westward. July. — Stems 2° - 4° high. Corymbs very large and compound, or small and simple. Flowers yellow, turning dark green in drying. Plant yellowish. 2. P. ramosa, Ell. Stem low, simple, or branching and leafy from the base to the summit ; leaves fleshy, lanceolate, acute, scattered, the lowest spatu- late-obovate, obtuse, crowded ; corymbs compound, fastigiate ; wings ovate- lanceolate, acuminate ; lobes of the caruncle small, roundish, embracing the base of the minute oval hairy seed. (P. corymbosa, Nutt. P. cymosa, Poir.) — Low open pine barrens, Florida to Mississippi, and northward. July- Septem- ber. — Stems 6' - 12' high. Flowers yellow, turning green in drying. POLYGALACE^E. (MILKWORT FAMILY.) 83 3. P. Baldwin!!, Nutt. Stem angled, simple ; leaves alternate, lanceolate, acute, the lowest spatulate ; corymbs compound; spikes dense; wings ovate- lanceolate, tapering into a long and slender point ; seeds very small, globose, hairy; caruncle minute. —Low pine barrens, Georgia, Florida, and westward. July and August. — Stem 1°- l£° high. Leaves £'- 1' long. Flowers white, fragrant. * * Spikes solitary : leaves alternate. •- Flowers yellow : biennials. 4. P. lutea, L. (YELLOW BACHELOR'S-BUTTON.) Stem simple or with spreading branches ; leaves lanceolate, acute, the lowest clustered, spatulate- obovate, obtuse ; spikes dense, globose or oblong ; wings elliptical, abruptly pointed ; lobes of the caruncle nearly as long as the obovate sparse-hairy seed. — Low pine barrens, Florida to Mississippi, and northward. June - August. — Stem 6'- 12' high. Flowers orange-yellow. 5. P. nana, DC. Low ; stems divided at the base into several short pe- duncle-like branches ; leaves chiefly radical, clustered, spatulate or linear, obtuse ; spikes thick, at length cylindrical, the earliest ones sessile ; wings ovate-lance- olate, acuminate ; lobes of the caruncle half as long as the obovate hairy seed. (P. viridescens, Nutt.) — Low sandy pine barrens, Florida to South Carolina, and westward, flowering throughout the year. — Stems 2'-4; high. Spikes 1 ' - 2' long. Flowers yellow. •»- -i- Flowers purple or rose-color : annuals : stems branching. 6. P. sanguinea, L. Leaves oblong-linear, acute ; spikes ovate or round- ish, obtuse ; flowers imbricated ; wings broadly ovate, obtuse, sessile ; lobes of the caruncle rather shorter than the pear-shaped sparse-hairy seed. (P. pur- purea, Nutt,) — Low grounds, North Carolina and northward. July -Sept. — Stems 1° high. Flowers reddish-purple. Bracts persistent. 7. P. fastigiata, Nutt. Stems slender, at first simple; leaves narrow- linear, acute ; spikes globose, obtuse ; wings oblong-obovate tapering into a dis- tinct claw at the base ; caruncle as long as the stalk of the sparse-hairy pear- shaped seed. (P. sanguinea, Torr. $- Gray.) — Low pine barrens, Florida to North Carolina, and westward. July -Oct. — Stems 10' -15' high. Leaves erect. Flowers small, bright rose-color. Bracts deciduous. 8. P. Nuttallii, Carey. Leaves short, linear, obtuse ; spikes oblong, acute, dense ; wings short, elliptical, slightly clawed ; lobes of the caruncle col- lateral, one third as long as the obovate very haiiy seed. (P. sanguinea, Nutt. P. ambigua, Torr. $ Gray.) — Dry sandy soil, North Carolina and northward. August. — Stem 4' -8' high, the branches fastigiate. Spikes and greenish and purple flowers smaller than in No. 7. Bracts persistent. 9. P. Chapman!!, Torr. & Gray. Stems slender, at length sparingly branched ; leaves scattered, narrow-linear, acute ; spikes long, lanceolate, acute, loose-flowered ; wings obovate, short-clawed ; lobes of the caruncle spreading, as long as the stalked base of the pear-shaped very hairy seed. — Low pine barrens near the coast, West Florida and westward. June -August. — Stems 1°-1^° high. Spikes 1'- 2' long. Flowers bright-purple. Bracts persistent. 84 POLYGALACE^:. (MILKWOBT FAMILY.) 10. P. incarnata, L. Stem often simple, glaucous ; leaves scattered, lin- ear, fleshy, sometimes minute and subulate ; spikes lanceolate, acute, dense- flowered ; petals united into a tube which is twice as long as the elliptical wings, conspicuously crested ; caruncle spongy, as long as the stalk of the oval hairy seed. — Dry sandy soil, Florida to Mississippi, and northward. June - August. — Stem 1°- 2° high. Bracts deciduous. Flowers and often the rachis purple. 11. P. setacea, Michx. Stems simple or sparingly branched, slender; leaves minute, scale-like ; spikes oblong, dense-flowered, acute ; wings oblong, acute, as long as the petals ; caruncle and seeds as in No. 10. — Low pine bar- rens, Florida to North Carolina, and westward. May - July. — Stem 1 ° high. Spikes £'- lf long. Flowers pale rose-color or whitish. Bracts deciduous. # # * Spikes solitary : leaves whorled : flowers purple. 12. P. cruciata, L. Stem erect, 4-angled, simple or branched; leaves in fours, linear or oblong-linear, thick, obtuse, the upper ones alternate ; spikes large, ovate, becoming cylindrical, short-peduncled ; wings ovate, tapering into a long subulate point ; lobes of the caruncle linear, collateral, as long as the smoothish oval seed. — Pine-barren swamps, Florida to Mississippi, and north- ward. July - Oct. — Stem 6' - 1 2' high. Spikes 1 ' - 2' long, \|' thick. Flowers pale rose-color. Bracts persistent. 13. P. brevifolia, Nutt. Stem weak, 4-angled, with long and spreading branches ; leaves thin, lanceolate or linear, acute, the lower ones in fours ; spikes small, ovate, long-peduncled ; wings lanceolate-ovate, barely pointed ; caruncle as long as the obovate hairy seed. — Bogs, Florida and northward. July - Oct. — Stem 1°- 1£° long. Spikes scarcely half as large as in the preceding. Flowers reddish-purple. Bracts persistent. 14. P. Hookeri, Torr. & Gray. Stems short, weak, much branched, 4- angled; leaves in fours, short, linear, acutish; spikes long-peduncled, ovate- lanceolate, acuminate, loose-flowered; wings erect, lanceolate-ovate, acute; caruncle as long as the ovoid sparse-hairy and viscid seed. — Low grassy pine barrens, West Florida and westward. July - Sept. — Stems 6'- 10' high. Leaves 4" - 6" long ; those of the branches mostly alternate. Flowers pale rose-color. Bracts persistent. § 2. Flowers in slender racemes or spikes. * Leaves alternate: perennials or biennials. 15. P. grandiflora, Walt. Pubescent; stems branching ; leaves lanceo- late ; flowers large, crestless, scattered in long racemes ; fruiting pedicels droop- ing ; wings large, orbicular, erect ; caruncle enclosing the stalk of the oblong hairy seed. (P. pubescens, Muhl.) — Varies with smoothish linear leaves, and smaller flowers. (P. flabellata, Shuttl.) — Dry light soil, Florida to South Car- olina, and westward. July -Sept. 1\|. — Stem 1° high. Racemes 3'- 6' long, often lateral by the prolongation of the stem. Flowers bright purple, turning greenish. 16. P. polygama, Walt. Smooth; stems numerous, simple; leaves oblong-linear, the lowest spatulate or obovate ; flowers of two kinds, viz. one POLYGALACEJE. (MILKWORT FAMILY.) 85 kind showy and perfect, borne in a loose terminal raceme, the other imperfect, but fruiting, in radical (rarely axillary) spikes; wings obovate ; caruncle half as long as the obovate very hairy seed. (P. rubella, Mold.) — Wet or dry sandy barrens, Florida to Mississippi, and northward. May and June. @ Stems 6'- 12' high, very leafy. Racemes 2' -6' long. Flowers purple. 17. P. Senega, L. (SENECA SNAKEROOT.) Stems several from a thick woody root, erect or ascending, simple or branching above ; leaves numerous, lanceolate, the upper ones acute (!' long) ; spike cylindrical, pedunclcd; wings rotmd-obovate, as long as the capsule ; lobes of the caruncle linear, as long as the obovate hairy seed. — Var. LATIFOLIA, Torr. & Gray. Stem taller ( 1° - U°) ; leaves large (2' -4' long), ovate or ovate-lanceolate, acute or acuminate at each end. — Dry rocky woods in the upper districts of North Carolina and northward ; the variety in Tennessee, and northward. May and June. 1J. — Stems 8' -12' high. Spikes 1 '- 1 £' long. Flowers greenish-white. 18. P. alba, Nutt. Stems several from a somewhat woody rdbt, erect or ascending, angular, at length branched above ; leaves linear, narrowed toward the base, acute, or lowest ones obtuse ; spike long-peduncled, linear-lanceolate, acuminate ; flowers short-pedicellcd ; wings oval, rather longer than the capsule ; lobes of the caruncle shorter than the oblong-obovate very hairy seed. (P. bicolor, Kunth.) — Interior of Alabama, Buckley, and westward. — Stems £°-l°high. Spikes 1'- 3' long. Flowers white. Bracts deciduous. * * Leaves ichorled : flowers small, greenish or white, in slender spikes. 19. P. Boykinii, Nutt. Perennial; stems numerous, angled, simple or sparingly branched ; leaves 4 - 5 in a whorl, the lower ones oblong-obovate, the upper lanceolate and scattered ; spike linear, long-pcduncled ; wings obovate, as long as the capsule ; caruncle half as long as the oblong-obovate curved and very hairy seed. — Rich calcareous soil, Florida, Georgia, and westward. May- July. 1\|. — Stems l°-2° high. Leaves 1'long. Spikes 2' -3' long. Flowers white. 20. P. verticillata, L. Annual ; stems low, 4-angled, much branched ; leaves 4 - 5 in a whorl, linear, acute, the upper ones scattered ; spikes lanceolate ; wings roundish, as long as the capsule ; lobes of the caruncle half as long as the oblong hairy seed. — Dry sandy soil, Florida to Mississippi, and northward. June - Aug. — Stem 4' - 8' high. Spikes £' - 1' long. Flowers greenish- white. 21. P. leptostachys, Shuttl. Annual; stems filiform or setaceous, sim- ple, or branched above, straight ; leaves remote, 4-5 in a whorl, narrow-linear or filiform, acute ; spike linear, long-peduncled ; wings oval, nearly sessile, smaller than the capsule ; caruncle half as long as the smooth curved clavate- obovate seed. — Dry sand hills, Florida. May - August. — Stems 10'- 15' high. Flowers greenish. § 3. Flowers axillary, and with imperfect radical ones, as in No. 16. 22. P. paucifolia, L. Perennial ; flowering stems erect, simple, leafy at the summit ; leaves large, ovate, alternate, narrowed into a petiole, the lower ones bract-like ; flowers (1-3) peduncled, crested, very large ; wings obovate ; 8 86 LEGUMINOS^E. (PULSE FAMILY.) lobes of the caruncle subulate, varying in length ; seeds hairy ; radical spikes bracted. — Mountains of Georgia and northward. May. — Stems 4' -6' high, from a long prostrate base. Flowers \|' long, purple. ORDER 46. KRAMERIACE^E. (RHATANY FAMILY.) Silky-pubescent herbs or shrubs, with diffuse stems, alternate leaves, and irregular hypogynous purplish flowers, on axillary 2-bracted and jointed peduncles. — Sepals 5, colored, deciduous. Petals 5, shorter than the sepals; the 3 posterior ones, long-clawed, often united; the 2 anterior broad, sessile and fleshy. Stamens 4, the posterior ones distinct or united. Anthers 2-celled, opening by a terminal pore. Ovary 1-celled, 2-o\niled. Fruit 1-seeded, woody, indehiscent, armed with hispid prickles. Albumen none. Radicle concealed in the cotyledons. 1. KRAMERJA, Locfl. Characters of the order. 1. K. lanceolata, Torr. Herbaceous; stems slender, prostrate, mostly branching ; leaves lanceolate or linear, acute ; peduncles longer than the leaves, leafy-bracted above the middle ; claws of the posterior petals, and stamens, united ; fruit globose, downy, armed with few strong spreading spines. — Tampa Bay, South Florida, and westward. — Eoot long and woody. Stems 1° long. ORDER 47. L.EGUMINOSA3. (PULSE FAMILY.) Herbs, shrubs, or trees, with chiefly compound alternate stipulate leaves, and papilionaceous or regular perigynous or hypogynous flowers. — Sepals 5, more or less united. Petals 5, rarely fewer, or none. Stamens mona- delphous, diadelphous, or distinct. Ovary simple, free, forming a legume in fruit. Seeds without albumen. Leaves almost always with entire mar- gins. Synopsis* Suborder I. PAPILIONACE^E. Corolla of 5 (rarely fewer) irreg- ular petals, inserted into the base of the calyx, rarely perigynous, imbri- cated in the bud, mostly papilionaceous; viz. one upper and exterior, termed the vexillum or standard; two lateral, called wings; and two lower and interior, oftener united by their contiguous margins, forming together the keel. Stamens 10 (rarely 5), separate, monadelphous, or diadelphous (9 & 1, or 5 & 5). Legume 1-celled (sometimes partly 2-celled by the in- troversion of the sutures), or several-celled by transverse partitions. Style simple. Cotyledons thick. TRIBE I. LOTEJE. Corolla papilionaceous. Stamens 10 (except No. 8). Legume con- tinuous (not jointed). Cotyledons leafy in germination. — Stems (except No. 12) not twining, nor climbing. LEGUMINOSJE. (PULSE FAMILY.) 87 * Stamens monadelphous : anthers of 2 forms. Leaves simple, or palmately compound. 1. CKOTALARIA. Calyx 5-lobed. Legume inflated. Upper stipules decurrent. 2. LUPINUS. Calyx 2-lipped. Legume flattened. Stipules not decurrent. * * Stamens diadelphous : anthers alike. Leaves trifoliolatc, rarely palmate or pinnate, the earliest ones alternate. 3. MEDICAGO. Legume membranaceous, curved or coiled, 1 - many-seeded. Flowers racemed. 4. MELILOTUS. Legume coriaceous, straight, rugose or veined, 1 - 4-seeded. Flowers racemed or spiked. 5. TRIFOLIUM. Legume smooth, membranaceous, l-4-$eeded. Flowers capitate. 6. HOSACKIA. Legume straight, many -seeded. Peduncle 1 - 3-flowered. * * * Stamens monadelphous or diadelphous. Legume mostly 1-seeded and indehiscent. Plants dotted with small dark glands. Earliest leaves opposite. H- Legume included in the calyx. 7. PSORALEA. Corolla papilionaceous. Stamens 10, diadelphous : half of the anthers of ten imperfect. 8. PETALOSTEMON. Stamens 6, united into a cleft tube, and adnate to the claws of four of the nearly regular petals. 9. DALEA. Stamens 9 or 10, the tube partly adnate to the claws of the petals. ••- t- Legume exserted. 10. AMORPIIA. Stamens 10, monadelphous. Wings and keel none. * * * * Stamens mostly diadelphous. Legume 1 - many-seeded, 1-celled, 2-valved. Leaves pinnate. •- Trees or shrubs. 11. ROBINIA. Legume flat and thin, margined on one edge. Trees or shrubs. 12. WISTARIA. Legume nearly terete, coriaceous, contracted between the seeds. Twining shrubs. t- H- Herbs. 13. TEPHROSIA. Calyx 5-cleft. Vexillum large. Legume compressed, many-seeded. Leaves unequally pinnate. 14. INDIGOFERA. Calyx minute, 5-cleft. Vexillum small. Legume terete or angled, 2 - many-seeded. Leaves unequally pinnate. 15. GLOTTIDIUM. Calyx truncate. Legume oblong, 2-seeded. Leaves abruptly pinnate. 16. SESBANIA. Calyx 5-toothed. Legume very long and slender, many-seeded. Leaves abruptly pinnate. **** Stamens diadelphous. Legume 2-celled lengthwise, or 1-celled, with one of the sutures turned inward. Leaves pinnate. 17. ASTRAGALUS. Stamens 10, diadelphous. Legume tumid. TEIBE II. VICIEJE. Stamens diadelphous (9 & 1). Legume 2-valved, not jointed. Cotyledons thick and fleshy, remaining under ground in germination. — Climbing vines ; the petioles of the pinnate leaves ending in a tendril. 18. VICIA. Style filiform, bearded at the apex, or on the side facing the keel. 19. LATHYRUS. Style flattened, bearded on the side facing the vexillum. TRIBE III. HEDYSAREJE. Stamens monadelphous or diadelphous. Legume sepa- rating transversely into 1-seeded indehiscent reticulated joints, or 1-jointed. — Stems not twining. * Flowers yellow. 20. ^ESCHYNOMENE. Leaves pinnate. Stamens diadelphous (5 & 5). Flowers perfect. 21. ZORNIA. Leaves palmately compound. Legume 2 - 5- jointed. Flowers perfect. 22. STYLOSANTHES. Leaves trifoliolate. Anthers of 2 forms. Flowers monoecious. 23. CHAPMANNIA. Leaves pinnate. Anthers alike. Flowers monoecious. * * Flowers white or purplish. 24. LESPEDEZA. Legume 1-jointed. Peduncles axillary. 88 LEGUMINOS^E. (PULSE FAMILY.) 25. DESMODIUM. Legume 2 - 6-jointed, bristly. Racemes terminal. TRIBE IV. PHASEOL.E.3E. Stamens monadelphous or diadelphous (9 & 1). Leg- ume 2-valved, not jointed. Cotyledons thick and fleshy ; usually raised above ground in germination. — Chiefly twining vines. * Ovary 1-2-ovuled. 26. RHYNCHOSIA. Legume oblong. Flowers yellow. Leaves trifoliolate. * * Ovary few or many-ovuled. t- Keel spirally twisted. 27. APIOS. Leaves pinnate, not stipellate. 28. PHASEOLUS. Leaves trifoliolate, stipellate. f- - Keel straight. Leaves trifoliolate (except one species of Galactia). •H- Legume terete, torulose. 29. VIGNA. Flowers yellow. Vexillum roundish. Stems twining. 30. ERYTHRINA. Flowers scarlet. Texillum narrow, elongated. Stems erect. •H- -H- Legume flattened. = Bracts opposite. Vexilium very large. • 31. CLITORIA. Calyx tubular, 5-toothed. Vexilium spurless at the base. 32. CENTROSEMA. Calyx short, 5-cleft. Vexilium spurred at the base. = = Bracts alternate. 33. AMPHICARP^LA. Calyx 4 - 6-toothed. Flowers of two kinds. Bracts persistent 34. GALACTIA. Calyx 4-cleft. Bracts deciduous. Legume linear. 35. CANAVALIA. Stamens monadelphous. Calyx bilabiate. Hilum linear. Legume three- ridged on the back. 36. DOLICHOS. Stamens diadelphous (9 & 1). Calyx 5-cleft. Hilum oval. TRIBE V. DAI.BERGIEJE. Stamens 10, monadelphous or diadelphous. Legume indehiscent. Cotyledons thick and fleshy. — Trees or shrubs. 37. PISCIDIA. Legume compressed, 4-winged. Leaves pinnate. TRIBE VI. SOPHORE^E. Stamens 10, separate. Legume not jointed. — Erect herbs, shrubs, or trees. Legume dehiscent. 38. BAPTISIA. Stamens deciduous. Legume inflated, stipitate, few-seeded. Leaves simple or trifoliolate. 39. THERMOPSIS. Stamens persistent. Legume nearly sessile, flattened, many-seeded. Leaves trifoliolate. 40. CLADRASTIS. Stamens persistent. Legume flat, few-seeded. Leaves pinnate. Tree. * * Legume indehiscent. 41. SOPHORA. Legume moniliform. Leaves pinnate. Shrubs. SUBORDER IT. C^SALPINIE^S. Corolla irregular and somewhat papilionaceous, or almost regular, imbricated in the bud \ the upper petal interior. Stamens separate. Embryo straight. 42. CIRCIS. Flowers perfect, somewhat papilionaceous. Calyx 5-toothed. Leaves simple. 43. CASSIA. Flowers perfect, irregular. Calyx deeply 5-parted. Anthers dissimilar. Leaves pinnate. 44. GLEDITSCHIA. Flowers polygamous, almost regular. Calyx 3 - 5-parted. Leaves pin- nate and bipinnate. SUBORDER III. MIMOSE^E. Corolla regular, hypogynous, valvate in the bud. Stamens distinct or united, often very numerous, inserted with the petals. Embryo straight. — Leaves pinnate or 2 - 3-pmnate. Flow- ers polygamous. LEGUMINOS^E. (PULSE FAMILY.) 89 * Flowers perfect and stainiuato. Petals united. 45. MIMOSA. Filaments distinct. Legume jointed, flat. 46. SCHRANKIA. Filaments distinct. Legume not jointed, echinate. 47. PITHECOLOBIUM. Filaments united into a tube below. Legume broad and flat, mealy or pulpy within. * * Flowers perfect and neutral. Petals distinct. 48. DESMANTHUS. Sterile filaments filiform. Legume linear, many-seeded. 49. NEPTUNIA. Sterile filaments flat or petal-like. Legume oblong, few-seeded. SUBORDER I. PAPIL.IONACEJE. PULSE FAMILY. 1. CROTALARIA, L. RATTLE-BOX. Calyx 5-lobed. Vexillum cordate : keel falcate. Stamens monadelphous. Anthers alternately oblong and roundish. Capsule inflated, oblong, many- seeded. — Low herbs, with simple leaves ; the upper ones with broad decurrent inversely sagittate stipules. Racemes opposite the leaves. Flowers yellow. Legumes dark-purple. 1. C. sagittalis, L. Annual ; stems low, branching, shaggy with rust- colored spreading hairs ; leaves nearly sessile, oval or oblong, hairy ; racemes short, 2 - 3-flowered. — Barren sandy soil, Florida and northward. June and July. — Stem 3' - 6' high. Racemes 2' - 3' long. 2. C. ovalis, Pursh. Perennial ; stems several, branching, prostrate or as- cending, rough with appressed hairs ; leaves short-petioled, oval or oblong, hairy ; racemes long, 3- 6-flowered. — Dry pine barrens, Florida to North Carolina, and westward. May- July. — Stem 6' -12' high. Racemes 4' -6' long. Flowers distant. 3. C. Purshii, DC. Perennial ; stems slender, erect, roughened with scat- tered appressed hairs ; leaves thick, smooth above, the lower ones oblong, the upper linear ; racemes long, 5 - 10-flowered. — Flat grassy pine barrens, Florida to South Carolina, and westward. May and June. — Stem 12'- 18' high. Ra- cemes 6' - 12' long. Flowers distant. 2. LUPINUS, Tourn. LUPINE. Calyx 2-lipped, 5-toothed. Vexillum with the sides reflexed. Keel falcate, acute. Stamens monadelphous, with alternate anthers oblong and roundish. Capsule oblong, compressed, many-seeded ; the seeds often separated by cellular partitions. — Herbs, with simple or palmately 5 - many-foliolate leaves, and showy flowers in terminal racemes. 1 . L. perennis, L. Stem pubescent, erect ; leaves palmately 7 - 9-folio- late ; leaflets obovate-oblong, obtuse, more or less hairy ; stipules minute ; ra- cemes long, loosely many-flowered ; flowers purplish or purplish-blue, rarely white. — Var. GRACILIS (L. gracilis, Nutt.) is a more slender and hairy form, with smaller and narrower, often acute leaflets. — Dry sandy soil, Florida to Mississippi, and northward. April and May. 1J. — Stem 1°- l£° high. 2. L. villosus, Willd. — Biennial ; villous and hoary; stems thick, pros-^ trate or ascending; leaves simple, lanceolate-oblong, mostly acute, long-petioled ; 8* 90 LEGUMINOSJE. (PULSE FAMILY.) stipules linear-subulate, elongated, adnate below to the petioles ; racemes erect, densely many-flowered ; flowers pale red, the vexillum dark purple in the centre ; legume very woolly. — Dry sandy barrens, Florida to North Carolina. April. — Stems 1° - 2° long. Leaves (with the petiole) 6' -8' long. 3. L. difiustlS, Nutt. Perennial ; silky-tomentose and hoary ; stems pros- trate or erect, much branched ; leaves simple, oblong or obovate, obtuse, short- petioled ; stipules short, often wanting on the branches ; racemes many-flowered ; flowers blue, the vexillum dark purple in the centre ; legume woolly. — Dry sand-ridges, Florida to North Carolina. April and May. — (Stems 1° - 2° high. Leaves 2' -4' long. 3. MEDICAGO, L. Calyx 5-cleft ; the lobes subulate or setaceous. Corolla deciduous. Vexillum longer than the partly united wings and keel. Stamens 10, diadelphous (9 & 1), equal. Style smooth. Legume falcate or coiled, 1 -many-seeded. — Herbs or shrubs. Leaves trifoliolate. Stipules adnate to the petioles, mostly incised. Flowers yellow, in axillary spikes. 1. M. lupulina, L. Pubescent ; stem procumbent ; leaflets obovate, toothed ; stipules nearly entire ; spikes globose, many-flowered ; flowers mi- nute; legumes reniform, 1 -seeded, black. — Waste places, Florida and north- ward. Introduced. (I) — Stem l°-2° long. 4. MELILOTUS, Tourn. MELILOT. SWEET CLOVER. Calyx 5-toothed ; the teeth long and equal. Corolla deciduous. "Wings and keel cohering. Stamens diadelphous (9 & 1). Legume ovoid, coriaceous, veiny or rugose, longer than the calyx, 1 - 4-seeded, scarcely dehiscent. — Smooth herbs. Leaves trifoliolate. Leaflets often toothed. Stipules adnate to the petioles. Flowers yellow or white, in axillary racemes. 1. M. oflQ-Cinalis, Willd. Stem erect, branching ; leaflets obovate-oblong, toothed ; flowers yellow ; vexillum striped with brown, as long as the keel and wings ; legume obovate, rugose. — Cultivated ground. Introduced. © and (f) — Stems l°-3° high. Legumes drooping, 2-seeded. 2. M. .alba, Lam. Stem erect, branching ; leaflets oblong, truncate, ser- rate; racemes elongated ; flowers white ; vexillum longer than the wings and keel ; legumes ovate, rugose, 1-seeded. (M. leucantha, Koch.) — Cultivated grounds. Introduced. (2) — Legumes drooping. 5. TRIPOLIUM, L. CLOVER. Calyx 5-cleft ; the teeth subulate or setaceous. Corolla withering or persist- ent ; the keel shorter than the wings, and united with them by their claws. Sta- mens diadelphous (9 & 1). Legume smooth, membranaceous, 1-6-seeded, often shorter than the calyx, scarcely dehiscent. — Tufted or diffuse herbs. Leaves trifoliolate, the leaflets mostly toothed. Stipules adnate to the petioles. Flow- ers (in our species) capitate. LEGUMINOS.^. (PULSE FAMILY.) 91 Fruiting calyx erect. 1. T. pratense, L. (RED CLOVER.) Hairy; stems erect; leaflets ob- long-ovate or oval, often emarginate, slightly serrulate ; heads large, ovate ; calyx -teeth setaceous, hairy; flowers purple. — Around dwellings. Introduced, but scarcely naturalized, at least in the low country. — Stems 1°- 2° high. Leaves usually marked with a pale 3-angled spot above. 2. T. arvense, L. (RABBIT-FOOT CLOVER.) Softly pubescent ; stems erect ; leaflets linear-oblong, minutely 3-toothed ; heads oblong ; calyx-teeth se- taceous, plumose ; corolla white, with a purple spot on the wings. — Old fields, chiefly in the upper districts. Introduced. ® — Stems 8' - 12' high. * * Fruiting calyx reftexed. 3. T. reflexum, L. (BUFFALO CLOVER.) Pubescent ; stems ascending ; leaflets roundish or obcordate, toothed, the uppermost oblong ; heads globose ; calyx-tube very short, the subulate teeth long and hairy ; vexillum broadly ovate, purple; the wings and keel white; legume 3-5-seedcch — "Waste places and pastures, Florida to North Carolina, and northward. April and May. (f) and (f) — Stems 6' - 12' long. Heads large. 4. T. repens, L. (WHITE CLOVER.) Smooth; stems creeping; leaf- lets roundish or obcordate ; heads globose, long-peduncled ; calyx- teeth short ; flowers white ; legume 4-seeded. — Pastures and around dwellings. Introduced. May. 1J. — Stems G'-12' long. 5. T. procumbens, L. Pubescent; stems slender, erect or procumbent; leaflets small, thin, obovate or obcordate, toothed, the middle one stalked ; heads small, ovate; flowers yellow; legume 1-seeded. — Waste places ; more common in the upper districts. Introduced. © — Stems 6'- 12' long. 6. T. Carolinianum, Michx. Pubescent ; stems tufted, prostrate ; leaf- lets small, obcordate, slightly toothed ; heads roundish, long-peduncled ; flowers white, tinged with purple ; vexillum acute; legume 4-seedcd. — Fields and pas- tures, Florida to North Carolina, and westward. March and April. 1J. — Stems 6'- 10' long ; in shady places erect. 6. HOSACKIA, Dougl. Calyx 5-cleft. Vexillum as long as the keel and spreading wings. Stamens diadelphous (9 & 1). Legume cylindrical or compressed, smooth, wingless, many-seeded. — Herbs. Leaves trifoliolate or pinnate. Stipules mostly minute and gland-like. Peduncles 1 - several-flowered. 1. H. Purshiana, Benth. Hairy; stem much branched ; leaves trifolio- late, with oblong leaflets ; peduncle 1-flowered, longer than the leaves ; keel acute ; bracts simple ; legume linear, nearly terete. — North Carolina. — Stem 12' - 1 5' high. Flowers rose-color. 7. PSOBALEA, L. Calyx campanulate, 5-cleft, with the lobes acute. Stamens diadelphous or partly monadelphous : half of the anthers often imperfect. Legume often 92 LEGUMINOS^E. (PULSE FAMILY.) wrinkled, 1-seeded, indchiscent, included in the calyx. — Perennial usually glandular herbs. Stipules cohering with the petioles. Flowers axillary or ter- minal, purplish or white, racemose or spiked. * Leaves 1 - 3-folioIate. 1 . P. virgata, Nutt. Smoothish ; stem virgate, sparingly branched ; leaves very remote, 1- (or the lowest 2-3-) foliolate ; leaflets linear or oblong-linear, obtuse, the lower ones broader and long-petioled ; stipules setaceous ; peduncles much shorter than the leaves ; spikes dense, cylindrical ; bracts ovate, acumi- nate, and, like the calyx, glandular and hairy ; corolla violet. — Near St. Mary's, Georgia, and the adjacent parts of Florida. July. — Stem 2° high. Leaflets 2' -5' long. 2. P. melilotoides, Michx. Glandular and sparingly pubescent ; leaves trifoliolate ; leaflets oblong-lanceolate or elliptical ; stipules subulate; spikes ob- long, on peduncles 2-3 times as long as the leaves; bracts ovate, acuminate, veiny; corolla violet ; legume rugose. — Var. 1. (P. eglandulosa, Ell.) Gland- less or nearly so ; bracts ovate-lanceolate, and, like the calyx, villous. — Dry soil, Florida to Tennessee, and westward. May and June. — Stem l°-2° high. Leaflets 1'- 2' long. 3. P. Onobrychls, Nutt. Pubescent ; leaves trifoliolate ; leaflets ovate, acuminate ; racemes elongated, somewhat secund ; calyx glandular, the teeth small, obtuse, equal ; legume ovate, muricate, wrinkled transversely. — Near Spartanburg, South Carolina. June and July. — Stem 3° - 5° high. Leaves very large. 4. P. canescens, Michx. Hoary-pubescent ; lower leaves trifoliolate, the upper simple, short-petioled ; leaflets obovate, glandular ; racemes longer than the leaves, few-flowered ; calyx inflated ; flowers blue, turning greenish ; legume even. — Dry pine barrens, Florida to North Carolina. April and May. — Stem bushy, 2° high. Resembles a Baptisia, * * Leares palmately 5 -7 -foliolate. 5. P. Lupinellus, Michx. Smooth ; stem slender, declining, sparingly branched ; leaflets filiform ; racemes longer than the leaves, loose-flowered ; flowers violet ; legumes rugose. (P. Floridana, Shuttl.) — Dry pine barrens, Flor- ida to North Carolina. May and June. — Stem 2° long. Leaflets 2' -3' long. 6. P. subacaulis, Torr. & Gray. Nearly stemless ; peduncles, petioles, and calyx white with spreading hairs ; leaves 7-foliolate, long-petioled ; leaflets obovate-oblong, smoothish above, fringed on the margins and midrib beneath ; peduncles longer than the leaves, rigid ; spikes dense, ovate or oblong ; bracts ovate, acuminate ; calyx-teeth obtuse. — Rocky hills, near Nashville, Tennessee. April and May. — Leaflets 1' long. Peduncles 4' - 6' long. Flowers numerous, purple. * * i* Leaves pinnate. 7. P. multijuga, Ell. Stem branching ; leaflets numerous (9-10 pairs), oblong-lanceolate, obtuse, pubescent ; spikes oblong ; bracts small, membrana- ceous, without glands. — Abbeville District, South Carolina. — Stem 1 ° - 2° high. Leaflets small. Bracts half as long as the calyx. Flowers violet. LEGUMINOS^E. (PULSE FAMILY.) 93 8. PETALOSTEMON, Michx. Calyx nearly equally 5-toothed or 5-cleft. Petals almost regular, on filiform claws, four of them united with the tube of stamens, the fifth free, cordate or oblong, folded. Stamens 5, united into a cleft tube. Ovary 2-ovuled. Legume indehiscent, 1 -seeded, included in the calyx. — Perennial glandular herbs, with unequally pinnate leaves, and white or purple flowers in terminal spikes or heads. * Spikes solitary. 1. P. gracile, Nutt. Stems decumbent, virgate; leaflets 5-7, oblong- linear, obtuse ; spikes oval, becoming cylindrical in fruit, peduncled ; vexillum broadly cordate — Low pine barrens, Florida and westward. August. — Stems 2° long. Leaflets £' long. Flowers white. 2. P. carneum, Michx. Stems erect, much branched, very leafy j leaf- lets 5-7, linear, acute ; spikes oblong, long- peduncled ; vexillum oblong. — Dry sandy soil. Florida and Georgia, westward. — Stems 2° - 3° high. Flowers white or reddish. * * Spikes corymbose. « 3. P. corymbosum, Michx. Stems clustered, erect, very leafy ; leaflets 3-7, filiform; teeth of the calyx setaceous, plumose ; vexillum oblong. — Va- ries with more numerous (11-15) oblong leaflets which are commonly emargi- nate at the apex. — Dry pine barrens, Florida to North Carolina, and westward ; the variety in the low country of South Carolina, Curtis. Sept. and Oct. — Stems 2° high. Flowers white. 9. DALEA, L. Calyx 5-cleft. Corolla imperfectly papilionaceous ; petals clawed ; four of them united with the tube of stamens below the middle, the fifth (vexillum) free, cordate, and inserted into the bottom of the calyx. Stamens 10, united into a cleft tube. Legume 1-seeded, membranaceous, indehiscent, included in the calyx. — Mostly glandular herbs, with spiked or capitate flowers. 1. D. alopecuroides, Willd. Stem erect, smooth ; leaves pinnate, with numerous linear-oblong leaflets ; spikes dense, cylindrical, silky-villous ; corolla small, pale violet, the vexillum white. — Rich soil, Alabama, northward and westward. July. — - Stem 1° - 2° high. 10. AMORPHA, L. Calyx obconical, 5-toothed, persistent. Vexillum straight, concave. Wings and keel none. Stamens monadelphous at the base, exserted. Legume 1-2- seeded, oblong, curved, glandular-roughened, indehiscent or nearly so. — Shrubs, with unequally pinnate leaves, and numerous leaflets which are punctate with pellucid dots. Flowers blue or white, in slender racemes or spikes. 1. A. fruticosa, L. Pubescent; leaves petioled ; leaflets 15-21, oblong, obtuse or emarginate, sparingly dotted ; flowers racemed, blue ; calyx-teeth very short, nearly equal, pubescent ; legume 1 - 2-seeded. — Banks of rivers, Florida 94 LEGUMINOS^E. (PULSE FAMILY.) to Mississippi, and northward. May and June. — Shrub 6° -15° high. Leaf- lets !'-!£' long. Racemes mostly panicled. 2. A. herbacea, Walt. Pubescent or glabrous ; leaves short-petioled ; leaflets 15-35, rigid, oval or oblong, conspicuously dotted; racemes spicate, sin- gle or panicled ; calyx-teeth villous ; the two upper ones short and obtuse, the lower more or less elongated and acute ; legume 1 -seeded. (A. pumila, Michx. A. pubescens, Willd. A. Caroliniana, Crooin.) — Low pine barrens, Florida to North Carolina, and westward. June and July. — Shrub 2° - 4° high, with pur- ple branches. Leaflets smaller and more crowded than in No. 1. Flowers blue or white. 3. A. canescens, Nutt. Hoary-tomentose ; leaves sessile; leaflets nu- merous, small, elliptical, crowded ; spikes short, panicled, dense-flowered ; calyx- teeth acute, nearly equal; legume 1 -seeded. — Near Augusta, Georgia, and westward. July and August. — Shrub 1° - 2° high. Flowers bright blue. 11. ROBINIA, L. LOCUST. Calyx short, 5-toothed or 5-cleft, the two upper teeth shorter and more or less united. Vexillum large, roundish ; keel obtuse. Stamens diadelphous (9 & 1). Style bearded on the side facing the vexillum. Legume compressed, many- seeded, the seed-bearing suture margined. Seeds flat. — Trees or shrubs, often with stipular spines, unequally pinnate leaves, and showy white or rose-colored flowers in axillary racemes. 1. R. Pseudacacia, L. (LOCUST. FALSE ACACIA.) Smoothish ; spines small on the older branches, straight; leaflets 9-17, oblong-ovate, or elliptical ; racemes pendulous, oblong, many-flowered ; flowers white ; legume 4-6-seeded. — Rich soil, in the upper districts. April and May. — A tree 30°- 60° high, with hard and durable wood. Racemes 3' -5' long. Calyx spotted. Legume smooth. Flowers fragrant. 2. R. viSGOSa, Vent. Branches, petioles, peduncles, and legumes glandular- viscid ; spines very small ; leaflets 1 1 - 25, ovate and oblong, obtuse or slightly cordate at the base, paler and pubescent beneath, tipped with a short bristle ; flowers crowded in roundish erect racemes, rose-color ; legume 3 - 5-seeded. — Banks of streams, on the mountains of Georgia and Carolina. May and June. — A tree 20° - 40° high. Flowers inodorous. 3. R. hispida, L. Branches, &c. more or less bristly ; stipules very slen- der and bristle-like, deciduous ; leaflets 11-18, smooth, ovate or oblong-ovate, rounded or slightly cordate at the base, tipped with a long bristle ; flowers large, in a loose and mostly pendulous raceme, bright rose-color. — Mountains of Geor- gia and North Carolina, botli the ordinary form and the var. ROSEA, Pursh, with pubescent branches and few-flowered racemes. May. — Shrub 3° - 8° high. Var. Elliottii. Branches, &c. pubescent ; stipular spines very stout, spread- ing or recurved. (R. hispida, var. rosea, Ell)— Pine barrens in the central parts of Georgia and southward. — Shrub 3° -5° high, with thick and rigid branches. A still smaller form, scarcely a foot high (var. nana, Ell), is found at Columbia, South Carolina. LEGUMINOS^E. ( PULSE FAMILY.) 95 12. WISTARIA, Nutt. Calyx campanulate, somewhat 2-lippcd ; the upper lip broad, 2-cleft, the lower 3-cleft. Vcxillum large, with 2 parallel ridges at the base. Stamens diadclphous (9 & 1). Legume coriaceous, nearly terete, contracted between the seeds, at length 2-valved. — Twining shrubs, with unequally pinnate leaves, and showy purple flowers, in a crowded raceme. 1. W. frutescens, DC. Young leaves and branches silky-pubescent; leaflets 9-13, ovate-lanceolate or oblong; stipels none; racemes on short branches, dense-flowered. (Thyrsanthus frutescens, Ell.) — Margins of swamps, Florida to North Carolina, and west to Mississippi. April and May. — Leaflets 1' long. Racemes 4' -6' long, 2' -3' in diameter. Legume 1 - several-seeded. Bracts large, caducous. 13. TEPHROSIA, Pers. Calyx nearly equally 5-cleft or 5-toothed. Vexillum large, roundish, spread- ing or reflexcd, usually white within, and reddish or purple and silky without ; keel obtuse, cohering with the wings. Stamens monadelphous or diadclphous. Style smooth or laterally bearded. Legume compressed, linear, many-seeded. — Perennial herbs, with unequally pinnate leaves, with the leaflets opposite mucro- nate apd straight-veined, and white or purplish flowers. * Flowers single or by pairs in the axils of the leaves; the uppermost often crowded in a dense raceme. 1. T. Virginiana, Pers. (GOAT'S RUE.) Soft-hairy and somewhat hoary ; stems very leafy, clustered, erect, simple ; leaflets 1 1 - 25, oblong or linear-oblong, acute or obtuse, smoothish above ; flowers yellowish-white tinged Avith purple. — Dry pine ban-ens, Florida to Mississippi, and northward. June and July. — Stems 1° - 2° high, from long and slender roots. Flowers showy. * * Flowers in long-peduncled racemes opposite the leaves : vexillum pubescent externally. 2. T. spicata, Torr. & Gray. Hirsute or villous with rusty hairs ; stems simple or diffusely branched ; leaves scattered, short-petioled ; leaflets 9 - 15, oval or cuneate-oblong, rounded and strongly mucronate at the apex, smooth- ish above; racemes 2-3 times as long as the leaves, 6-10-flowered ; lobes of the calyx linear-subulate ; flowers large, white and purple. (T. paucifolia, Nutt. Galega villosa, Michx.) Varies with linear, acute, and rcflexed leaflets, the odd one elongated. — Dry soil, Florida to North Carolina, and westward. June and July. — Stems 1° -2° long. 3. T. hispidula, Pursh. Hoary-pubescent or smoothish ; stems slender, terete, erect or procumbent ; petiole shorter than the lowest leaflets ; leaflets 11- 15, small (4" -6" long), oblong, acute or obtuse, often smooth above ; peduncles slender, terete, commonly longer than the leaves, 2 - 4-flowered ; flowers small, purple. — Dry sandy soil, Florida to North Carolina, and westward. June and July. — Stems 6' -18' long. 4. T. chrysophylla, Pursh. Prostrate, rusty pubescent ; stems diffusely branched; leaves sessile or nearly so, short (l'-l\|' long) ; leaflets (yellowish) 96 LEGUMINOSJ2. (PULSE FAMILY.) 5-7, cuneate-obovatc, obtuse or emarginatc, smooth above ; peduncles longer than the leaves, terete, 2- 3-flowered ; calyx-teeth short, acute. — Varies with smaller (£'- 1' long) leaves and flowers, the latter mostly solitary on the short peduncles. — Dry pine barrens, Florida, Georgia, and westward. — Stems 6'- 18' long. 5. T. ambigua, M. A. Curtis. Hoary-pubescent, or nearly smooth ; stems decumbent, angled ; leaves scattered, long-petioled (5' -6' long) ; leaflets 7-15, distant, wedge-oblong, truncate or emarginate at the apex, paler and often smooth above, purplish and strongly veined beneath ; peduncles flattened, equal- ling or exceeding the leaves, few-flowered ; calyx-teeth short, acute ; flowers white and purple. — Dry sandy soil, Florida to North Carolina. June and July. 6. T. angUStissima, Shuttl. Smooth or nearly so throughout; stems slen- der, prostrate, diffusely branched ; leaves short-petioled ; leaflets 10-15, linear, acute, mostly opposite ; racemes very slender, longer than the leaves, bearing 2-4 small scattered flowers ; calyx slightly pubescent, with triangular-ovate acute teeth. — South Florida, Rugel— Stem 1° long. Leaflets 8" -12" long, 1" wide, spreading. Corolla about 3" long. 14. INDIGOPERA, L. INDIGO. Calyx 5-cleft. Vexillum roundish. Keel with a subulate spur on each side, often elastically reflexed. Stamens diadelphous (9 & 1). Legume 1 -many- seeded. Seeds usually truncated at each end, often separated by membrana- ceous partitions. — Herbs with unequally pinnate leaves, and white, brownish, or purplish axillary flowers. Legumes drooping. * Racemes longer than the leaves, — Indigenous species. 1. I. Caroliniana, "Walt. Smoothish; stem erect, tall, branching ; leaf- lets 10-15, obovate or oblong; racemes many-flowered; calyx-teeth short, acute; flowers yellowish-brown; legume oblong, veiny, 2-seeded. — Dry pine barrens, Florida to North Carolina. July and August. 1J. — Stem 3° -5° high. Flowers small. Legume 4" -5" long. 2. I. leptosepala, Nutt. Rough hairy; stem decumbent; leaflets 7-9, obovate-oblong or cuneate ; racemes 6-15-flowered ; calyx-teeth slender-subu- late ; flowers pale-scarlet ; legume linear, even, 6 - 9-seeded. — Georgia, Nuttall, South Florida, Blodyett, and westward. — Stem 2° -3° long. Legume 1\|' long, straight. * * Racemes shorter than the leaves. — Introduced species. 3. I. tinctoria, L. Stem erect; leaflets 9-11, oval, pubescent beneath; legume terete, torulose, curved. — Waste places. August. 4. I. Anil, L. Stem erect; leaflets 7 -15, oval; legume compressed, even, thickened at each suture. — Waste places. These two species were formerly cultivated in some of the States, and em- ployed in the manufacture of indigo. LEGUMINOSJE. (rULSE FAMILY.) 97 15. GLOTTIDIUM, Dcsv. Calyx campanulate, obliquely truncate, 5-toothed. Vcxillum short, reniform. Stamens diadelphous (9 & 1). Style short, incurved at the apex. Stigma acute. Legume oblong, stipitate, compressed ; the membranaccous endocarp at length separating from the coriaceous epicarp, and enclosing the two oblong seeds. — A tall smooth-branching annual, with abruptly pinnate leaves, and yel- low flowers in axillary often compound racemes. 1. G. Floridanum, DC. (Sesbania vesicaria, Spreng.} — Damp soil, Florida to South Carolina, and westward. August. — Stem 2° - 8° high. Leaf- lets numerous, oblong-linear. Legume 1' - 2' long. Plant yellowish-green. 16. SESBANIA, Pers. Calyx 2-bracted, campanulate, equally 5-toothed. Vexillum roundish. Keel obtu«c. Stamens diadelphous (9 & 1) ; the tube toothed at the base. Legume slender, elongated, knotted. — Herbs or shrubs. Leaves abruptly pinnate. Leaf- lets numerous. Flowers yellow or reddish, in axillary racemes. 1. S. macrocarpa, Muhl. Annual, smooth ; leaflets oblong-linear, ob- tuse, mucronate ; racemes shorter than the leaves, 1 -4-flowered ; legume curved, compressed, 4-sided, many-seeded. — Swamps, Florida to South Carolina, and westward. August and September. — Stem 5° -12° high. Legume 8' -12' long, pendulous. Flowers yellow and red, dotted with purple. 17. ASTRAGALUS, L. MILK-VETCH. Calyx 5-toothed ; the 2 upper teeth separated. Vexillum as long as the wings and obtuse keel. Stamens 10, diadelphous. Legume commonly turgid, few - many-seeded, usually partly or completely 2-cellcd by the introversion of one or both of the sutures. — Herbs with unequally pinnate leaves, and Axillary spiked or racemose flowers. * Legume partly or completely ^-celled by the introversion of the dorsal suture, 1. A. Canadensis, L. Tall, pubescent ; leaflets 21-31, oblong, obtuse; stipules ovate, clasping ; peduncles as long as the leaves, closely many- flowered ; calyx-teeth subulate; legume inflated, oval, terete, 2-celled. — r Mountains of Georgia and North Carolina, and northward. June -August, ty — Stem 2° -3° high. Leaflets 1' - 1^' long. Flowers \|' long, pale yellow. 2. A. glaber, Michx. Stem tall, nearly smooth; leaflets 15-25, oblong- linear, pubescent beneath ; stipules minute, spreading ; spikes longer than the leaves, loosely many-flowered ; calyx-teeth broad and short ; legume curved, ob- long, flattened edgewise, 2-celled. — Dry pine barrens, Florida to North Caro- 'lina. April. 1J. — Stem 2° high. Leaflets 6" -8" long. Flowers white. 3. A. obcordatUS, Ell. Smoothish ; stems prostrate ; leaflets small, 17-25, obcordate; peduncles as long as the leaves, loosely 8-15-flowered; legumes crescent-shaped, compressed, veiny, partly 2-celled. — Dry sandy bar- rens, Florida, and the lower parts of Georgia. April- June. 1\|. — Stems 6'-12' long. Leaflets 3" - 4" long. Flowers pale purple. 98 LEGUMINOS^:. (PULSE FAMILY.) 4. A. Tennesseensis, Gray. Villous with white hairs ; stems pros- trate or ascending ; leaflets about 20, oblong or linear-oblong, obtuse or emar- ginate, smooth above, more or less hairy beneath; stipules ovate-lanceolate, adnate to the petioles ; peduncles as long as the leaves ; racemes somewhat capi- tate, 10-15-flowered; calyx-teeth subulate, much shorter than the tube; legume oblong, curved, thick and fleshy, reticulate-rugose when dry, 2-celled, many- seeded, at length smoothish. — Hills near Nashville, Tennessee, Lesquereux, and Lagrange, Alabama, Prof. Hatch. March and April, ty — Stems 4' - 6' long. Flowers 8" - 9" long, apparently -purple. * • Legume 1-celled; the ventral suture thickened and sometimes slightly injlexed. 5. A. villoSUS, Michx. Villous and hoary ; stems prostrate ; leaflets about 13, oval or oblong, commonly emarginate ; stipules lanceolate, peduncles as long as the leaves ; racemes ovate, dense-flowered ; calyx-teeth longer than the tube- legume oblong, curved, 3-angled, eAren, 1-celled. (Phaea villosa, jVutt.) — Dry pine barrens, Florida to South Carolina. April and May. 1\|. — Stems 4' - 6' long. Flowers small, dull yellow. 18. VICIA, Toura. VETCH. TARE. Calyx tubular, 5-cleft, the two upper teeth usually shorter. Style filiform, hairy at the apex, or on the side facing the keel. Legume 2 - many-seeded, 2- valved. Seeds orbicular. Cotyledons thick. — Slender climbing herbs. Leaves pinnate ; the petiole terminating in a tendril. Stipules mostly semi-sagittate. Flowers axillary. Peduncles shorter than the leaves, 1 - ^-flowered. 1. V. sativa, L. (VETCH or TARE.) Pubescent; stem simple; leaflets 10-12, varying from obovate-oblong to linear, emarginate; flowers by pairs, nearly sessile, ^ale purple ; legume linear, several-seeded. — Cultivated grounds. Introduced. © — Corolla £' long. Stem 1° -2° long. 2. V. micrantha, Nutt. Smooth ; leaflets 4-6, linear, obtuse or barely acute ; peduncles 1 - 2-flowered ; flowers minute, pale blue ; legume sabre-shaped, 4 - 10-seeded. — Banks of rivers and shaded places, West Florida to North Ala- bama, and westward. April. @ — Stems 2° - 3° long. Seeds black. * * Peduncles commonly longer than the leaves, 3 - many-flowered. 3. V. hirSUta, Koch. Hairy; leaflets 12-14, oblong-linear, truncate; peduncles 3 - 6-flowered, about as long as the leaves, calyx-teeth equal ; flowers small, bluish-white ; legume short, oblong, 2-seeded. (V. Mitchell!, Raf. Er- vum hirsutum, L.) — Cultivated ground. Introduced. April and May. 4. V. acutifolia, Ell. Smooth ; leaflets about 4, linear or rarely oblong, acute or truncate ; peduncles 4 - 8-flowered, usually longer than the leaves ; flowers pale blue, the keel tipped with purple ; legume linear, 4 - 8-seeded. — Damp soil near the coast, Florida and Georgia. March - May. 1\|. — Stems angled, 2° - 4° long, branching. 5. V. Caroliniana, Walt. Smoothish; leaflets 8-12, linear or linear- oblong, obtuse or barely acute ; stipules small, subulate ; peduncles many-flow- LEGUMINOS^E. (PULSE FAMILY.) 99 ered ; calyx-teeth shorter than the tube ; flowers nearly white, the keel tipped with blue ; legume oblong, several-seeded. — Dry open woods, chiefly in the upper districts. April and May. 1J. — Stems 3° - 4° long, branching. Flowers 4" - 6" long. 19. LATHYRTJS, L. Style flattened, bearded on the side facing the vcxillum. Otherwise as in Vicia. 1. L. pusillus, Ell. Annual; leaflets 2, linear-lanceolate, acute ; stipules sagittate ; peduncles elongated, 1 - 2-flowered ; teeth of the calyx subulate-seta- ceous, nearly equal; legume long, 10-15-seeded. — Near Charleston, South Carolina, and westward. May. — A small and slender vine. Flowers purple. 2. L. venosus, Muhl. Perennial; stem stout; leaflets 10-14, oblong- ovate, obtuse; stipules lanceolate; peduncles 10-20-flowered ; flowers large, purple ; calyx-teeth very unequal. — Shady banks, Georgia to Mississippi, and northward. June and July. — Stem angled, 2° - 3° long. Leaflets 2' - 3' long. Flowers \|' long. 3. L. myrtifolius, Muhl. Perennial; stem slender, 4-angled; leaflets 4-6, oblong, obtuse ; stipules large, ovate, entire ; peduncles 3 - 6-flowered ; flowers pale purple; calyx-teeth unequal. — Banks of rivers, North Carolina, and northward. July and August. — Stem 2° -4° long, often wing-angled. Leaflets 1^' long. 20. ^SCHYNOMENE, L. Calyx 2-lipped, 5-cleft or 5-toothed. Petals equal : vexillum roundish. Sta- mens diadelphous (5 & 5). Legume compressed, stipitate, separating trans- versely into 3 or more 1-seeded indehiscent joints. — Herbs or shrubs, with pin- nate leaves, and axillary yellow flowers. 1 . JE. hispida, Willd. Annual ; stem erect, muricate-hispid ; leaflets nu- merous, oblong-linear ; peduncles 3 - 5-flowered ; legume straight, linear, even along the upper suture, wavy on the lower, 6 -10-jointed, the joints nearly square, hispid. — Swamps, Florida to Mississippi, and northward. August. — Stem 2° -4° high. 2. JE. viscidula, Michx. Annual ; stem slender, prostrate, viscid-pubes- cent; leaves small; leaflets 7-9, obovate, reticulate-veined; peduncles 3-4- flowered, the pedicels long and spreading ; stipules and bracts ovate ; legume 2-3-jointed, the joints half-orbicular, hispid. — Sandy places along the coast, Florida and Georgia. August and Sept. — Stem l°-2° long. Leaves 1' long. Flowers small. 21. ZOBNIA, Gmel. Calyx 2-lipped, the upper lip emarginate, the lower 3-cleft. Corolla inserted into the base of the calyx. Stamens monadelphous, alternately shorter : anthers alternately oblong and globose. Legume compressed, with 2-5 roundish hispid joints. — Herbs. Leaves palmately 2 - 4-foliolate. Stipules sagittate. Flowers yellow, in axillary large-bracted racemes. 100 LEGUMINOS-<E. (PULSE FAMILY.) 1 . Z. tetr aphylla, Michx. Perennial, smooth or downy ; leaflets 4, lance- olate or oblong-obovate ; racemes 3 - 9-flowered, much longer than the leaves ; the flowers distant and almost concealed by the large ovate bracts ; legume his- pid, 3- 4-jointcd. — Dry sandy soil, Florida to North Carolina, and westward. June -August. — Stem 2° long, prostrate. 22. STYLOSANTHES, Swartz. Flowers of two kinds : one kind perfect, but sterile ; the other destitute of calyx, corolla, and stamens, and fertile. Calyx 2-bracted, 2-lipped, 5-cleft ; the tube long and slender. Corolla inserted on the throat of the calyx. Keel en- tire at the apex. Stamens monadelphous, with the alternate anthers linear and ovate. Style of the fertile flower hooked. Legume veiny, 1 - 2-jointed, the lower joint empty. — Low herbs. Leaves trifoliolate. Stipules united with the peti- oles. Flowers in a short and dense terminal spike. 1. S. elatior, Swartz. Perennial ; stem mostly erect, 6' -12' high, pu- bescent in lines, or sometimes hispid ; leaflets rigid, lanceolate, strongly veined ; stipules sheathing ; spike few-flowered ; bracts bristly; flowers yellow. (S. his- pida, Michx.} — Sandy pine barrens, Florida and northward. June - August. 23. CHAPMANNIA, Torr. & Gray. Flowers nearly as in Stylosanthes. Corolla inserted on the throat of the calyx. Keel 2-cleft at the apex. Anthers alike, oblong. Legume hispid, 1-3- jointed. — A viscid and hirsute branching herb, with unequally pinnate leaves, small and free stipules, and small yellow flowers in terminal racemes. 1. C. Floridana, Torr. & Gray. — East Florida. May. — Stem slender, 2° - 3° high. Leaflets 3-7, oblong. Racemes often branching, few-flowered. 24. LESPEDEZA, Michx. BUSH-CLOVER. Calyx 2-bracted, 5-cleft ; the teeth subulate. Corolla inserted on the base of the calyx. Stamens diadelphous (9 & 1). Anthers alike. Legume small, len- ticular, indehiscent, 1-secded. — Perennial herbs, with trifoliolate leaves, and small flowers in axillary racemes or spikes. * Flowers of two kinds, viz. perfect, but mostly sterile, borne in spikes or racemes, and fertile, but destitute of corolla and stamens ; the latter commonly in sessile clus- ters : corolla purple, longer than the calyx. 1. L. repens, Torr. & Gray. Stem slender, prostrate ; leaflets small, oval, mostly emarginate, the petiole very short, or as long as the lateral leaflets ; ra- cemes few-flowered, on filiform peduncles much longer than the leaves ; legume roundish. (L. procumbens, Michx.) — Dry sandy soil, Florida to Mississippi, and northward. August. — Plant l°-2° long, smooth or tomentose. 2. L. violacea, Pcrs. Stem erect or spreading ; leaflets varying from el- liptical to linear, pubescent with appressed hairs beneath ; fertile flowers in axillary clusters ; legume ovate* smooth, or with scattered appressed hairs, much longer than the calyx. LEGUMINOSvE. (PULSE FAMILY.) 101 Var. diver gens. (L. divergens, Pursh.) Stems diffuse ; leaflets oval or ob- long ; peduncles filiform, few-flowered, longer than the leaves, and bearing chiefly sterile flowers. Var. sessiliflora. (L. sessiliflora, Michx. L. violacea, Ell.} Stem erect ; leaflets oblong ; flowers mostly fertile, in dense and nearly sessile clusters which are much crowded near the summit of the branches. Var. reticulata. (L. reticulata, Pers .) Stem erect; leaves linear-oblong ; flowers clustered as in the preceding variety. Dry barren soil, Florida to Mississippi, and northward. August. — Stem 2° - 3° high. Leaflets pale beneath. Corolla twice as long as the calyx. 3. L. Stuvei, Nutt. Stem erect, branching, softly-pubescent ; leaflets oval or roundish, tomentose or silky on both surfaces, or only beneath, longer than the petiole ; racemes axillary, mostly longer than the leaves ; flowers nearly all perfect and fertile ; legume longer than the calyx, ovate, villous. — Dry sterile soil, Mississippi to North Carolina, and northward. August. — Interme- diate between No. 2 and No. 4. * * Flowers all perfect and fertile : corolla as long as the calyx, yellowish-white, the vexillum spotted with purple : legume included in the calyx. 4. L. hirta, Ell. Stem erect, pubescent or villous ; leaflets oval or round- ish, longer than the petiole, pubescent beneath or on both sides ; spikes dense, on peduncles longer than the leaves ; calyx-teeth linear-lanceolate, as long as the ovate pubescent legume. — Dry barren soil, Florida to Mississippi, and north- ward. August. — Stem 2° - 4° high. 5. L. capitata, Michx. Stem mostly simple, softly pubescent, erect ; leaves short-petioled ; leaflets varying from oblong to linear, silky on both sides, or only beneath ; calyx hairy, longer than the oval villous legume. (L. frutes- ccns and L. angustifolia, Ell.) —Dry or damp sterile soil, Florida to Mississippi, and northward. August. — Stem 2° - 4° high. 25. DESMODIUM, DC. (HEDTSARUM, L, Ell.) Flowers all similar and perfect. Calyx bilabiate ; the upper lip emarginate or entire, the lower 3-cleft. Corolla inserted on the base of the calyx. Stamens diadelphous (9 &1), or more or less monadelphous. Legume flattened, 2-6- jointed. — Chiefly perennial branching herbs. Leaves trifoliolate, petioled, stip- ulate ; the leaflets petiolulate and stipellate. Flowers small, purple or whitish, in terminal racemes or panicles. Legumes hispid with hooked hairs. § 1. Stamens monadelphous below : legumes conspicuously stipitate, 2-4-jointed, the joints half-obovate, concave on the back. 1. D. pauciflorum, Nutt. Stem low, ascending, mostly simple, leafy; leaves scattered, long-petioled ; leaflets thin, acute, ciliate, pale beneath, the lat- eral ones ovate, the terminal one rhombic-ovate ; stipules minute ; racemes ter- minal, 4- 8-flowered, mostly shorter than the leaves. — Shady woods, Florida to Tennessee, and northward. August. — Stem 1° high. Leaflets l'-2' long. Corolla pale-purple or white. 9* 102 LEGUMINOS^. (PULSE FAMILY.) 2. D. acuminatum, DC. Stem pubescent, leafy at the summit ; leaves large, long-petioled ; leaflets smoothish, ovate or roundish, acuminate ; raceme or panicle terminal, long-peduncled, many-flowered. — Rich shady soil, Florida to Mississippi, and northward. July and August. — Plant 2° - 3° high. Leaf- lets thin, 2'- 4' long. 3. D. nudiflorum, DC. Stem smooth, short, leafy at the summit ; pan- icle ascending from the base of the stem, naked, or with one or two leaves near the base, much longer than the stem ; leaves long-petioled, smooth ; leaflets ovate, acute or obtuse, white beneath ; legume long-stipitate. — Rich woods, Florida to Mississippi, and northward. July and August. — Stem 6'- 12' high. Racemes simple or compound, on peduncles 2° - 3° high. § 2. Stamens diadelphous : legume sessile or short stipitate. * Stipules large, ovate (except No. 8), acuminate, persistent: legume 3-6-jointed, the joints convex on the upper suture, rounded on the lower one. 4. D. canescens, DC. Stem tall, rough-hairy, striate ; leaflets ovate, mostly acute, very rough, especially beneath ; panicle large, very hairy ; bracts large, ovate, acuminate ; joints of the legume 3-5, connected by a broad neck. (Hedysarum scaberrimum, Ell.) — Dry open woods, Florida to Mississippi, and northward. July and August. — Plant 3° - 5° high, much branched, pale green. Leaflets l\|'-3' long. Flowers large. 5. D. molle, DC. ? Stem tall, much branched, softly pubescent ; leaflets rhombic or elliptical, obtuse and often emarginate, tomentose beneath, rough above ; racemes panicled, slender ; flowers 2-3 together, on slender pedicels ; legume nearly sessile, black; the small joints oval or rhombic, equally con- vex on both sutures. — Waste places, Middle Florida. Sept. — Stem 3° -5° high. Leaflets 3' -4' long. Legume 1' long, pendulous. Flowers small. 6. D. CUSpidatum, Torr. & Gray. Stem smooth, erect ; leaves smooth, ovate or lanceolate-ovate, acuminate ; panicle mostly simple, elongated ; flowers and bracts large ; legume 4 - 6-jointed, the joints rhombic-oblong, connected by a broad neck. (H. bracteosum, Michx.) — Dry open woods, Florida to Mississippi, and northward. July and August. — Stem 3° - 5° high. Leaflets 3' - 5' long. Legume l^'-2' long. 7. D. viridiflorum, Beck. Stem stout, tomentose, rough above; leaves large ; leaflets ovate or roundish, obtuse, very rough above, pale and velvety beneath ; stipules ovate, acuminate, rather small ; panicle large, leafless ; legume 3 - 4-jointed, on a stipe twice as long as the calyx, the joints half orbicular, con- nected by a narrow neck. — Rich open woods, Florida to Mississippi, and north- ward. August. — Stem 3° -4° high. Leaflets 2' -4' long. Corolla turning greenish. 8. D. Floridanum, n. sp. Stem short, rigid, very rough ; lower leaves 1- foliolate ; leaflets lanceolate-ovate, acute or obtuse, very rough above, pubescent and strongly reticulate beneath ; stipules lance-subulate ; panicle elongated, spar- ingly branched, leafless ; legume 2 - 4-jointed, the stipe shorter than the calyx ; joints obliquely obovate. — Dry sandy soil, Apalachicola, Florida. July and August.— Proper stem 1° high, the panicle 2° -3°. Leaflets 2' -3' long, the stipules and stipels rigid. Bracts and flowers small. LEGUMINOS^E. (PULSE FAMILY.) 103 9. D. rotundifolium, DC. Stem long, trailing, hairy ; leaflets orbicu- lar, pubescent ; stipules ovate, large, reflexed ; racemes simple, the terminal ones panicled ; lobes of tlie calyx longer than the tube ; legume 2 - 4-jointed, very adhesive, the large joints half-rhombic. — Dry open woods, Florida to Mis- sissippi, and northward. August. — Stem 3° - 5° long. Flowers showy, occa- sionally yellowish-white. # * Stipules subulate, deciduous : legume 3 - 5-jointed, nearly straight on the upper suture, the joints triangular, rarely rounded on the lower suture. 10. D. Canadense, DC. Stem erect, hairy; leaves short-petioled ; leaf- lets oblong-lanceolate, more or less hairy ; panicle leafy ; flowers and bracts large ; legume with 3-4 rather large obtusely 3-angled joints. — Dry woods, North Carolina, and northward. August. — Stem 2° - 3° high, furrowed. Up- per leaves subsessile. 11. D. Dillenii, Darl. Stem erect, furrowed, hairy; leaflets oblong or ovate-oblong, obtuse, smoothish above, paler and pubescent beneath ; panicle large, leafless, rough; joints of the legume 3-4, triangular. (H. Marilandi- cum, Ell.) — Open woods, Florida and northward. August. — Stem 2° -3° high. Leaflets 1'- 2' long. Bracts and flowers small. 12. D. glabellum, DC. Stem erect, nearly glabrous; leaflets small, ovate, obtuse, scabrous-pubescent on both sides ; joints of the legume about 4, triangular, minutely hispid. — In shady places, North and South Carolina. — Resembles D. Marilandicum in foliage and D. paniculatum in fruit. 13. D. laevigatum, DC. Stem smooth, terete ; leaflets thick, ovate, ob- tuse, smooth, or slightly pubescent and paler beneath ; panicle leafless, rough ; joints of the legume 3-4, triangular. (H. rhombifolium, Ell.) — Dry rich soil, Florida to Mississippi, and northward. August. — Stem 2° - 4° high. Leaflets l'-2' long, the lateral ones occasionally wanting. 14. D. paniculatum, DC. Stem slender, mostly smooth, with long and virgate branches ; leaflets varying from oblong to linear-lanceolate, obtuse, smooth or slightly pubescent ; legume 3 - 5-jointed, the joints triangular. — Shady woods, Florida to Mississippi, and northward. August. — Stem 2° - 4° high. Leaflets rather rigid. * * * Stipules subulate, deciduous: legume 2-3-jointed; the joints small, oval, or obliquely-obovate : flowers small. 15. D. tenuifolium, Torr. & Gray. Stem slender, erect, rough-pubes- cent above ; leaflets linear, reticulated, obtuse, smooth above, keeled, much longer than the short petiole ; panicle leafless, very rough ; flowers small ; legume ses- sile, mostly 2-jointed. — Dry pine barrens, Florida to North Carolina. July and August. — Stem 2° - 3° high. Leaflets 2' - 3' long. 16. D. strietum, DC. Stem erect, mostly simple, straight and slender, smooth or roughish ; leaves on slender petioles ; leaflets narrowly linear, rather obtuse, coriaceous, reticulated, nearly smooth ; panicle virgate, few-flowered ; the pedicels very slender ; legume stipitate, 1 -3-jointed. — Pine barrens, Florida to Mississippi, and northward. July - Sept. — Stem 2° - 4° high. Leaflets 1 £' - 3' long. 104 LEGUMINOS^E. (PULSE FAMILY.) 17. D. Marilandicum, Boott. Stem erect, smooth, mostly simple; leaflets small, ovate or roundish, obtuse, smooth, pale beneath, commonly short- er than the petiole; panicle rough; legume mostly 2-jointed. — (H. obtusum, Ell.) — Diy open woods, Florida and northward. August. — Stem 2° - 3° high. Leaflets rarely more than 1' long, sometimes oblong. 18. D. ciliare, DC. Very much like No. 17, but the stem and leaves rough-hairy, and the (sometimes acute) leaflets longer than the short petiole. — With the preceding. 19. D. rigidum, DC. Stem erect, branched, rough-pubescent ; leaflets (pale) oval or oblong, obtuse, rough above, hairy beneath, strongly reticulated on both sides; panicle ample, leafy below; legume mostly 3-jointed. — Dry woods, Florida to North Carolina, and northward. August. — Stems 2° - 3° high. Leaflets l'-3' long. Joints of the legume largest of this section. 20. D. lineatum, DC. Stem prostrate, slender, smooth ; leaflets oval or roundish, smooth ; racemes elongated, axillary and terminal, simple or panicu- late, rough ; legume 2 -3-jointed. — Open grassy pine barrens, Florida to North Carolina, and westward. August. — Stem 1°- 2° long. Leaflets seldom more than 1' long. Racemes 1°- 2° long. 26. BHYNCHOSIA, DC. Calyx 2-lipped, with the upper lip 2-cleft and the lower 3-parted, or nearly equally 4-parted. Stamens diadelphous (9 & 1). Style smooth, subulate. Leg- ume oblong or scymitar-shaped, mostly 1 -2-seeded. Seeds carunculate. — Erect or twining herbs or shrubs, with 1 or 3-foliolate, mostly softly-pubeseent and resi- nous-dotted leaves, and axillary yellow flowers. * Stems twining, or low and erect : flowers in axillary racemes. i- Calyx somewhat 2-lipped, deleft ; the teeth subulate, shorter than the corolla, the lowest one longest : stems twining. 1. R. minima, DC. Tomentose ; leaflets small, roundish or broadly rhombic, barely acute, dotted beneath ; stipules subulate ; racemes filiform, much longer than the leaves, loosely 6 - 12-flowered ; flowers minute, reflexed ; legume scymitar-shaped. (Glycine reflexa, Ell}— Damp soil along the coast, Key West to South Carolina, and westward. July. — Leaflets \|' - 1 ' long. 2. R. parvifolia, DC. Velvety throughout ; leaflets ovate, oblong, or obovate-oblong, obtuse, or the upper ones acute, hoary and strongly reticulate beneath, longer than the petiole ; stipules small, lanceolate ; racemes equalling or longer than the leaves, slender, loosely 3 - 5-flowered ; lowest tooth of the calyx nearly twice the length of the others ; legume oblong, obtuse, clothed with soft down and longer hairs intermixed, 2-3-seeded. — South Florida. — Stem 1° - 2° long. Leaflets 1' long. 3. B. Caribsea, DC. Velvety throughout ; stem prostrate or twining ; leaflets thin, ovate, acute or slightly acuminate ; stipules ovate ; racemes slender, shorter than the leaves, loosely 3 - 5-flowered ; teeth of the calyx short, nearly LEGUMINOS^E. (PULSE FAMILY.) 105 equal ; legume scymitar-shaped, acute. — South Florida. — Stem 2° - 3° long. Leaflets 1^'- 2' long. Racemes 1'- 2' long. Flowers small. Legume I'-li' long, tapering at the base. •«- •- Calyx 4=-parted, nearly as long as the corolla, the lobes linear or lanceolate, nearly equal : stems twining or erect. 4. B. menispermoidea, DC. Stems several from one root, prostrate or twining, downy ; stipules ovate-lanceolate ; leaflets solitary, reniform, tomen- tose ; peduncles rarely as long as the petiole, with few crowded flowers at the summit ; calyx deeply parted, the lanceolate acute or acuminate lobes nearly equal ; legume oblong, acute, tomentose, 2-seeded. — Charlotte Harbor, South Florida, Blodgett. — Stems 2° - 3° long. Leaflets 1 ' - 2' in diameter. 5. B. tomentosa, Torr. & Gray. Leaflets 1 or 3, roundish or ovate ; ra- cemes dense-flowered ; legume oblong. Var. monophylla, Torr. & Gray. Pubescent ; stem low (3' -6'), erect ; leaflets mostly solitary, reniform or orbicular ; racemes very short, the upper- most clustered. (Glycine simplicifolia, Ell.) Var. erecta, Torr. £ Gray. Velvety; stem erect (1°-1\|°); leaflets 3, oblong or roundish, sometimes acute ; racemes many-flowered, the terminal one often elongated. (G. erecta and G. mollissima, Ell.) Var. volubilis, Torr. & Gray. Hairy ; stem twining, angled ; lowest leaves simple, the upper ones trifoliolate ; leaflets 3, roundish or ovate, often angular on the margins ; racemes very short, few-flowered. (G. tomentosa, Ell.) Dry sandy soil, Florida to North Carolina, and west to Mississippi. June - August. * Stem tall, erect, with long virgate branches : flowers solitary or by pairs, in the axils of the upper leaves : calyx deeply 4-cleft, shorter than the corolla. 6. B. galactoides. Stem bushy, purplish, closely pubescent; leaves very small, almost sessile ; leaflets 3, oval or obovate, rigid, reticulate, pubes- cent; flowers mostly longer than the leaves, yellow, the vexillum reddish exter- nally; legume oblong, 2-seeded. (Pitcheria galactoides, Nutt.) — Dry sand ridges, Florida and Alabama. June. — Stem 2° - 4° high. Leaflets 3" -9" long. Legume \|' long. 27. APIOS, Boerh. Calyx somewhat 2-lipped ; the lateral teeth nearly obsolete, the lowest one longest. Vexillum very broad, reflexed ; the keel at length twisted. Stamens diadelphous (9 & 1). Legume nearly terete, many-seeded. — A smooth peren- nial twining herb, with unequally pinnate leaves, and brownish-purple flowers in dense axillary racemes. 1. A. tuberosa, Moench. — Swamps, Florida to Mississippi, and north- ward. July and August. — Boot bearing small edible tubers. Stem twining high. Leaflets 5-7, ovate or ovate-lanceolate. Racemes often by pairs, shorter than the leaves. Seeds black, separated by loose cellular tissue. 106 LEGUMINOS^:. (PULSE FAMILY.) 28. PHASEOLUS, L. KIDNEY-BEAN. Calyx 5-toothed, the two upper teeth more or less united. Keel of the corolla spirally coiled or twisted. Stamens diadelphous. Legume linear or falcate, few - many-seeded. — Twining or prostrate herbs, with trifoliolate stipellate leaves. Flowers commonly large, racemed, or clustered at the summit of the axillary peduncles. * Flowers scattered in long racemes : legumes scimitar-shaped. 1. P. perennis, Walt. Stem climbing, pubescent; leaflets ovate, acute, entire, membranaceous ; racemes often branching, twice as long as the leaves. — Low woods and margins of fields, Florida to Mississippi, and northward. July and August. 1\|. — Leaflets 2' - 4f long. Flowers purple. 2. P. sinuatus, Nutt. Stem prostrate, smoothish ; leaflets small (!' long), roundish or 3-lobed, strongly reticulate, rather rigid ; racemes 6-8 times as long as the leaves, solitary, simple. — Dry sand ridges in the pine barrens. Florida. July and August. 1J. — Stem 8° - 12° long. Flowers pale purple. * # Flowers clustered at the summit of the peduncles : legume linear, nearly terete : seed scurfy. (STROPHOSTYLES, Ell.} 3. P. diversifolius, Pers. Annual ; stems prostrate or trailing, rough- hairy ; leaflets ovate, entire or 2 - 3-lobed ; peduncles twice as long as the leaves. — Sandy soil, Florida to Mississippi, and northward. June - September. — Stems 2° - 4° long. Corolla purple, withering greenish. 4. P. helvolus, L. Perennial, smooth or hairy ; stems prostrate, leaflets varying from ovate to oblong-linear, rarely 3-lobed ; peduncles 3-6 times as long as the leaves. — Woods and margins of fields, Florida to Mississippi, and northward. June - September. — Corolla pale purple. 29. VIGNA, SAVI. Calyx 4-toothed, the upper tooth broader, entire or 2-cleft. Vexillum depressed- orbicular, with thickened knobs near the base. Keel not twisted. Stamens in- cluded in the keel, diadelphous, and with the style bent upward. Style hairy above, appendaged below the stigma. Legume nearly terete, somewhat torulose, the seeds separated by cellular tissue. — Twining herbs, with trifoliolate leaves, and racemose axillary flowers. 1. V. glabra, SAVI. Annual, hirsute; leaflets ovate or ovate-lanceolate ; racemes on stout peduncles longer than the leaves ; flowers yellow, crowded ; legume hirsute. (Dolichos luteolus, Jacq.} — Brackish marshes, Florida to South -Carolina, and west to Mississippi. July - September. ^ 30. ERYTHRINA, L. Calyx tubular-campanulate, truncate, toothless. Vexillum narrow, straight, elongated. Keel and wings very small. Stamens and style partly exserted. Legume stipitate, torulose, partly dehiscent. — Trees, shrubs, or rarely herbs, often armed with prickles. Leaves trifoliolate, the terminal leaflet long-petiolu- late. Flowers showy, scarlet, in long racemes. LEGUMINOS-E. (PULSE FAMILY.) 107 1. E. herbacea, L. Stems herbaceous, several from a very thick root, prickly, the flowering ones mostly leafless ; leaves long-petioled ; leaflets ovate or somewhat hastate; vexillum lanceolate, folded ; seeds scarlet. — Light sandy soil, Florida to North Carolina, and west to Mississippi. April and May. — Stems 2° -4° high. Racemes 1°- 2° long. Flowers 2' long. Legume open- ing by one suture opposite the seeds. 31. CLITORIA, L Calyx tubular, 5-toothed. Vexillum very large, spurless on the back, obovate, emarginate. Keel shorter than the wings. Stamens monadelphous below. Style curved, hairy. Legume stipitate, linear-oblong, torulose, veinless. — Peren- nial herbs, with trifoliolate leaves, and very large purple flowers on axillary peduncles. Bracts opposite. 1. C. Mariana, L. Smooth; stem erect or twining ; leaflets ovate-oblong, pale beneath ; peduncles shorter than the leaves, 1 - 3-flowered ; legume 3-4- seeded. — Dry soil, Florida to Mississippi, and northward. July and August. — Stem l°-3° long. Flowers 2' long, pale purple. Bracts shorter than the calyx. Legume lj'-2' long. 32. CENTROSEMA, DC. Calyx short, 5-cleft, the 2 upper lobes more or less united. Vexillum very large, spurred on the back, orbicular, emarginate. Keel nearly as long as the wings. Stamens monadelphous below. Style smooth. Legume nearly sessile, linear, compressed, the sutures thickened, the valves lined with an intra-margi- nal vein. — Twining herbs, with trifoliolate leaves, and very large purple flowers on short axillary peduncles. Bracts opposite. 1. C. Virginiana, Benth. Rough with a short hooked pubescence ; stem very slender, much branched ; leaflets oblong or linear-oblong, strongly reticu- late ; peduncles single or by pairs, 1 - 4-flowered ; calyx-teeth subulate, barely exceeding the ovate bracts; vexillum adhesive ; legume slender, elongated, curved, many-seeded. (Clitoria Virginiana, Willd.) — Dry soil, Florida to Mississippi, and northward. June - September. — Flowers 1^' long. Legume 4' - 6' long. 33. AMPHICARP-EJA, Ell. Flowers of 2 kinds ; those on the upper racemes perfect, but mostly abortive, those near the base of the stem or on the prostrate branches apetalous, but fruitful. Calyx tubular, 4 - 5-toothed. Vexillum obovate and partly enclosing the wings and keel. Stamens diadelphous, or in the fertile flowers distinct or wanting. Fertile legume obovate, fleshy, 1 - 2-seeded. — Twining annual or perennial herbs, with trifoliolate leaves. Flowers white or purplish, in simple or compound axillary racemes. 1. A. monoica, Nutt. Hairy; stems much branched; leaflets rhombic- ovate ; sterile racemes single or by pairs, often compound, nodding ; bracts stri- 108 LEGUMINOS^. (PULSE FAMILY.) ate ; calyx-teeth short, triangular ; fertile legumes hairy. (A. monoica and A. sarmentosa. Ell.) — Rich soil, Florida to Mississippi, and northward. August and Sept. 34. GALACTIA, P. Browne. Calyx 4-toothed, the upper one broadest. Vexillum oblong or obovate, re- flexed in flower. Stamens diadelphous. Legume more or less compressed, 2-valved, few - many-seeded. — Prostrate or twining, rarely erect, perennial herbs, with chiefly trifoliolate leaves, and mostly small purplish or white flowers in ax- illary racemes. Bracts alternate and deciduous. Leaflets stipellate. # Leaves trifoliolate, with the leaflets stalked : stems twining or prostrate. 1. G. spiciformis, Torr. & Gray. Stem twining, minutely pubescent ; leaflets (!' long) thick and rigid, oblong-oval, obtuse or emarginate at both ends, smooth above, pubescent beneath ; racemes spike-like, mostly longer than the leaves, the nearly sessile, mostly solitary flowers scattered on the common pedun- cle nearly to its base ; corolla 2-3 times the length of the acuminate hairy calyx- lobes ; legume coriaceous, compressed, falcate, thickened at the sutures, sprinkled with short appressed hairs, 6 - 10-seeded. — Varies with a stouter more pubescent and almost villous stem, larger (!£' - 2'), thinner, and mostly acute leaflets, longer and stouter many-flowered racemes, and nearly straight legumes. (G. brevistyla, Schlect.) — South Florida. Aug. and Sept. 2. G. pilosa, Ell. Stem twining, pubescent or smoothish, much branched ; leaflets thin, varying from oval to linear-oblong, obtuse, rounded or emarginate at both ends, pubescent and paler beneath, often smooth above ; racemes slender, commonly longer than the leaves, sometimes 4-6 times as long ; flowers single or 2 -3 together, scattered on the common peduncle, distinctly pedicelled, acu- minate in the bud ; calyx sparse-hairy or smoothish, the acuminate lobes much shorter than the purple corolla ; legume nearly straight, somewhat compressed, covered with short appressed hairs, 10-seeded. (G. mollis, Nutt. G. Macreei, M. A. Curtis.) — Dry soil, Florida to Mississippi, and northward. July and August. — Stem often elongated. Leaflets £'-l'long. Eacemes occasionally 2-3 together. 3. G. mollis, Michx. Villous and somewhat hoary ; stems mostly pros- trate and simple ; leaflets oval or oblong, obtuse or emarginate at both ends, or the upper ones acute ; racemes single, about twice the length of the leaves, the short-pedicelled flowers approximate near the summit of the stout peduncle, acute in the bud ; calyx, like the straight 10-seeded compressed legume, very vil- lous and hoary. (G. pilosa, Nutt.) — Dry sandy pine barrens, Florida to North Carolina, and westward. July and August. — Stem 2° - 3° long. Leaflets 1 ' long. Corolla reddish purple, one third longer than the acute calyx-lobes. 4. G. Ploridana, Torr. & Gray. Hoary-pubescent; stems prostrate; leaflets oval or oblong, rarely acute, reticulate ; racemes simple or branched, often by pairs, many-flowered, rarely longer than the leaves ; flowers large, ap- proximate; legume flat, 10-seeded. — Var. microphylla: every way smaller, the leaflets (£'-!' long) acute or emarginate, the few flowers almost sessile in axil- LEGUMINOS^E. (PULSE FAMILY.) 109 lary clusters. — Dry sandy pine barrens, near the west coast of Florida. June- August. — Stem 2° - 4° long. Leaflets 1' - 2' long. Flowers largest of all. 5. G. glabella, Michx. Stem prostrate, minutely pubescent ; leaflets rather rigid, on short petioles, oblong, rarely acute, smooth and shining above, slightly hairy beneath ; racemes seldom as long as the leaves, 3 - 6-flowered ; style elongated ; legume slightly falcate, at length smoothish, 4 - 6-seeded. — Dry pine barrens, Florida to Mississippi, and northward. July and August — Stems 2° -3° long. Leaflets 1' long. Flowers large, reddish-purple. * * L/eaves trijbliolate, with nearly sessile leaflets : stems erect. 6. G. brachypoda, Torr. & Gray. Stems slender, branching, and, as well as the leaves and peduncles, smoothish ; leaves long petioled ; leaflets oblong, obtuse ; flowers few, somewhat clustered "at the summit of the slender peduncle; calyx woolly. — Dry sandy ridges in the pine barrens of Middle Florida. July and August. — Stems 1° - 1£° high. Leaflets shorter than the petiole. Flowers small, purple. 7. G. sessiliflora, Torr. & Gray. Stem short, smooth, simple; leaflets oblong or linear-oblong, obtuse, smooth on both sides ; flowers crowded in nearly sessile axillary clusters ; calyx hairy. — Dry pine barrens, Florida to North Carolina. June -August. — Stem 6' -12' high. Flowers white. Legume ob- long-linear, tomentose, 6 - 8-seeded. * * * Leaves pinnate : stems twining. 8. G. Elliottii, Nutt. Leaflets 7-9, elliptical-oblong, emarginate, nearly smooth and shining above, pubescent beneath ; racemes longer than the leaves, few-flowered near the summit of the peduncle ; corolla white tinged with red ; legume compressed, villous, falcate, 3 - 5-sceded. — Dry soil, Florida to South Carolina, near the coast. May and June. — Plant sometimes silky throughout. 35. CANA VALLA, DC. Calyx tubular, 2-lipped ; the upper lip larger, with 2 rounded lobes, the lower entire or 2-cleft. Vexillum large, orbicular, with 2 ridges within ; keel incurved. Stamens monadelphous. Legume oblong-linear, compressed ; the valves with a longitudinal ridge near the thickened upper suture. Seeds separated by inter- posed cellular tissue : hilum linear. — Prostrate or twining herbs, with trifoliolate leaves, and showy flowers in axillary racemes. 1. C. Obtusifolia, DC. Smoothish; stem long, prostrate ; leaflets thick, oval or orbicular, pointless ; racemes stout, longer than the leaves, 6 - 8-flowered ; flowers rose-color ; legume 6-seeded. (C. rosea and C. miniata, DC.) — Sandy shores of St. Vincent's Island, Florida, and southward. July -Sept. — Stem 10° - 15° long. Leaflets 3' long. Legume 4' - 5' long, 1' wide. Seeds brown. 36. DOLICHOS, L. Calyx campanulate, somewhat 2-lipped, the upper lip of two more or less united teeth, the lower 3-cleft. Vexillum callous near the base. Keel more or less falcate. Stamens diadelphous, the free stamen spurred at the base. Style 10 110 LEGUMINOS^E. (PULSE FAMILY.) bearded. Legume flattened. Seeds compressed, with a small and oval hilum. — Twining herbs, with trifoliolate leaves, and axillary racemose flowers. 1. D. milltiflorus, Torr. & Gray. Perennial, pubescent; leaflets thin, large, orbicular, abruptly acute ; racemes shorter than the leaves, many and densely flowered at the summit of the stout peduncle ; upper lip of the calyx entire ; keel nearly straight ; legume 4 - 5-seeded. — Banks of rivers, near Mil- ledgeville, Georgia, and westward. June and July. — Stem 5° -10° long. Leaflets 3' - 6' in diameter. Flowers purple. Legume 2' long, £' wide. 37. PISCIDIA, L. JAMAICA DOGWOOD. Calyx campanulate, 5-toothed. Keel obtuse. Vexillum rounded. Stamens diadelphous at the base, monadelphous above. Style filiform, smooth. Legume stipitate, linear, contracted between the seeds, furnished with four membranaceous longitudinal wings. Seeds compressed. — Tropical trees. Leaves unequally- pinnate. Flowers in terminal panicles. 1. P. Erythrina, L. Young branches, leaves, and panicle silky and hoary, at length smoothish ; leaflets 7-9, oblong or obovate, abruptly acute, straight-veined, distinctly petiolulate ; panicles axillary and terminal, many- flowered, shorter than the leaves ; upper teeth of the calyx partly united ; leg- ume 6-seeded. — South Florida. March and April. — A small tree. Leaves deciduous. Corolla white, lined with red veins. Legume 2' long, the broad wings wavy. 38. BAPTISIA, Vent. Calyx campanulate, 4-cleft ; the upper lobe broader and mostly emarginate. Vexillum roundish, with the sides reflexed ; wings and keel straight. Stamens 10, distinct, shorter than the wings, deciduous. Legume stipitate, oval or ob- long, inflated, few-seeded, pointed with the persistent style. — Erect widely- branching perennial herbs. Leaves simple or palmately trifoliolate, withering- persistent. Stipules deciduous or persistent, rarely wanting. Flowers showy in terminal racemes, rarely axillary and solitary. * Leaves simple, sessile, or perfoliate. 1. B. simplicifolia, Croom. Smooth ; leaves large, sessile, broadly ovate, obtuse ; stipules none ; racemes numerous, terminal, many-flowered, sessile or short-peduncled ; ovary villous and hoary ; legume small, ovate, coriaceous, smooth. — Dry pine barrens near Quincy, Middle Florida. July. — Stem much branched, 2° -3° high. Leaves 2' -4' long. Flowers rather small, yellow. Plant dries black. 2. B. perfoliata, Brown. Smooth ; leaves perfoliate, oval or orbicu- lar, glaucous ; stipules none ; flower axillary, solitary ; legume small, ovate, coriaceous. — Dry sandy soil, in the middle districts of Georgia and South Car- olina. May. — Stem 2° high. Leaves 2' - 3' long. Flowers small, yellow ; vexillum orbicular, emarginate, shorter than the wings and keel. Ovary and style smooth. LEGUMINOS^E. (PULSE FAMILY.) Ill 3. B. microphylla, Nutt. Leaves sessile, roundish, cuneate at the base, the upper ones somewhat clasping; stipules leafy, rounded, the upper ones united with the leaves ; flowers axillary, solitary, on short pedicels ; legume roundish. Nutt. — Alabama and West Florida. — Leaves less than an inch long. Flowers unknown. * * Leaves trifoliolate, petioled. t- Flowers yellow. 4. B. lanceolata, Ell. Pubescent when young, at length smoothish ; leaves on very short petioles, the upper ones nearly sessile ; leaflets varying from lanceolate to obovate, thick, obtuse, tapering at the base ; stipules and bracts small and caducous ; flowers large, solitary in the axils, and in short terminal racemes, short-pedicellcd ; ovary villous ; legume ovate or globose, coriaceous, slender-pointed. — Dry pine barrens, Florida to North Carolina, and westward. April and May. — Stem 2° high. Leaflets 1'- 2' long. Plant turns black in drying. 5. B. villosa, Ell. Pubescent ; leaves short-petioled ; leaflets oblong and obovate, tapering at the base, becoming smooth above ; lower stipules and lance- olate bracts persistent ; racemes many-flowered, declining ; ovary villous ; leg- ume smoothish, coriaceous, oblong, strongly beaked. — Dry sandy soil, North Carolina. May. — Stem stout, 2° high. Leaves and flowers larger than in No. 4, the latter on slender pedicels. Plant turns black in drying. 6. B. megacarpa, Chapm. Stem smooth, with slender widely spreading branches ; leaves on slender petioles ; leaflets thin, elliptical or obovate, minutely pubescent and glaucous beneath ; stipules and bracts caducous ; racemes numer- ous, terminal and opposite the leaves, few-flowered ; flowers large, pale yellow, on slender drooping pedicels ; ovary smooth ; legume large, thin, ovoid, slender- pointed. — Light rich soil, Gadsden County, Middle Florida, and along the Flint River, near Albany, Georgia. May.— Stem 2° -3° high. Leaflets U'-2' long. Legume 1'- 1\|' long. Plant unchanged in drying. 7. B. tinctoria, R. Brown. Smooth; branches slender, elongated ; leaves small, on short petioles, the upper ones nearly sessile ; leaflets wedge-obovate ; stipules and bracts minute, caducous ; racemes numerous, short, few-flowered ; flowers small, on short and bractless pedicels ; ovary smooth ; legume small, roundish, slender-pointed. — Dry sandy soil, Georgia to Tennessee, and north- ward. May and June. — Stem 2° high. Leaflets £'-!' long. Plant usually becomes blackish in drying. 8. B. Stipulacea, Ravenel. Smooth ; branches spreading ; leaves small, short-petioled, 2 - 3-foliolate, the upper ones mostly simple and partly clasping ; leaflets round-obovate, cuneate at the base ; stipules and bracts large, round- cordate, persistent ; flowers numerous, small, axillary, the upper ones racemose > pedicels short and bractless ; ovary smooth, or slightly pubescent on the edges ; legume small, ovoid, slender-pointed. — Sand-hills, near Aiken, South Carolina, Ravenel. June and July. — Stem 2° -3° high. Leaflets £'-\|' long. Plant nearly unchanged in drying. Apparently allied to No. 3. 9. B. Lecontei, Torr. & Gray. Pubescent ; stem diffusely branched ; leaves small, short-petioled ; leaflets cuneate-obovate ; stipules subulate and ca- 112 LEGUMINOS.E. (PULSE FAMILY.) ducous, or the lower ones larger and persistent ; racemes numerous, short, few- flowered, somewhat leafy at the base ; bracts ovate-lanceolate, persistent ; flowers small, on long 2-bracted pedicels ; ovary villous ; legume smajl, ovoid, slender-pointed. — Dry sandy soil, Florida and the southern parts of Georgia. May and June. — Stem 2° high. Leaflets 1' long. Plant unchanged in drying. 10. B. Serenae, M. A. Curtis. Very smooth, branching ; leaves petioled ; leaflets oblong-obovate, cuneate ; flowers in a long loose central raceme, and in short racemes terminating the branches ; pedicels longer than the calyx in fruit ; segments of the calyx villous on the inside ; legume oblong, inflated, the stipe longer than the calyx. — Society Hill, South Carolina, Curtis. May and June. — Stem diffusely branched, 1°- 2° high. Leaflets 1' long. Legume 8" long. Allied to No. 7 and No. 1 1 . Plant unchanged in drying. H- ••- Flowers white. 11. B. alba, R. Brown. Smooth and glaucous ; branches slender, flexu- ous, horizontal ; leaves all distinctly petioled ; leaflets thin, cuncate-lanceolate or oblong, obtuse ; stipules and bracts minute, caducous ; raceme usually solitary, central, very long, those on the branches few-flowered ; legume cylindrical. — Damp soil, Florida to North Carolina, and westward. April. — Stem 2° -3° high, often purple. Leaflets 1' long. Racemes l°-3°long. Corolla ^' long. Plant unchanged in drying. 12. B. leucantha, Torr. & Gray. Smooth and glaucous ; branches spreading j leaves short-petioled ; leaflets oblong and obovate, obtuse ; stipules lanceolate, as long as the petioles, deciduous ; racemes central, and terminating the branches, long, many-flowered ; ovary smooth ; legume large, oblong, much inflated, long-stipitate. — River-banks, Florida to South Carolina, and westward. March and April. — A stouter plant than the preceding, with larger leaves and flowers, changing blackish in drying. Legumes 1 1' long. 13. B. leucophsea, Nutt Hairy or smoothish ; stem stout, angled; leaves short-pctiolcd ; leaflets varying from oblanceolate to obovate, rigid, re- ticulate, soon smooth above ; stipules and bracts leafy, ovate-lanceolate, per- sistent ; racemes stout, declined, 1 -sided ; flowers large, yellowish-white, on long and slender erect pedicels ; ovary villous ; legume ovtoid, long-pointed. (B. bracteata, Muhl.} — Dry rich oak woods, "Wrightsboro, Georgia, and westward. April. — Stem low, with widely spreading branches. Racemes 4' -12' long. Flowers 1' long, the vexillum spotted with brown. Plant turns black in drying. H— H— H— Flowers blue. 14. B. australis, R. Brown. Smooth ; leaves all short-petioled ; leaflets cuneate-obovate ; stipules leafy, lanceolate, twice as long as the petioles ; ra- cemes large, erect, many-flowered ; flowers (indigo blue) very large ; bracts deciduous; legume oblong. (B. casrulea, Nutt.) — Banks of rivers, Georgia (Pursh), and westward. June and July. — Stem 2° -3° high. Flowers 1' or more long. Legume 2' long. Plant unchanged in drying. LEGUMINOS^:. (PULSE FAMILY.) 113 39. THERMOPSIS, R. Brown. Stamens mostly persistent. Legume linear or oblong-linear, nearly sessile, flattened, many-seeded. Stipules leafy, persistent. Otherwise chiefly as in Baptisia. Flowers yellow. 1. T. Caroliniana, M. A. Curtis. Stem stout, simple, smooth ; leaves long-petioled ; leaflets membranaceous, obovate-oblong, silky beneath ; stipules very large, ovate or oblong, clasping; racemes elongated, villous, erect, rigid, many- flowered ; flowers on short pedicels ; bracts ovate, deciduous ; legumes oblong- linear, erect, straight, villous and hoary, 10-12-seeded. — Mountains of North Car- olina. May - July. — Stem 3° - 5° high. Raceme 6' -12' long. Legume 2' long. 2. T. fraxinifolia, M. A. Curtis. Stem branching, slender, smoothish ; leaves long-petioled ; leaflets oblong, narrowed at the base, often acute, smooth above, glaucous and slightly pubescent beneath ; stipules lanceolate, much shorter than the petioles , racemes erect, glabrous ; flowers on slender spreading pedi- cels ; bracts small, lanceolate, persistent ; legume linear, falcate, pubescent, spreading, short-stipitate, 10-seeded. — Mountains of North Carolina. — Stem 2° high. Legume 3' long. 3. T. mollis, M.A.Curtis. Pubescent; stem diffusely branched ; leaflets obovate-oblong ; stipules leafy, oblong-ovate, as long as the petioles ; racemes declined ; pedicels shorter than the calyx and lanceolate bracts ; legume linear, flat, short-stipitate. (Baptisia mollis, Michx.) — Rocky woods in the middle districts of North Carolina. April and May. — Stem 2° high. Legume 2' - 3' long, many-seeded. 40. CLADRASTIS, Baf. YELLOW-WOOD. Calyx 5-toothed ; the nearly equal teeth short and obtuse. Vexillum large, roundish, reflexed, scarcely longer than the oblong wings and separate keel- petals. Stamens 10, distinct ; filaments slender, incurved above. Legume short- stipitate, linear, flat, thin, marginless, 4 - 6-seeded, at length 2-valved. — A small tree, with yellow wood, pinnate leaves, and large white flowers in terminal droop- ing panicled racemes. 1. C. tinctoria, Raf. (Yirgilia lutea, Michx.) — Hill-sides, in rich soil, Tennessee and Kentucky, May. — Leaflets 7-11, oval or ovate, acute, smooth, parallel-veined, 3'- 4 'long; the common petiole tumid at the base. Stipules none. Racemes 1° long. Flowers 1' long. 41. SOPHORA, L. Calyx campanulate, obliquely truncated or 5-toothed. Stamens 10, free or cohering at the base. Style smooth. Legume moniliform, wingless, many- seeded, indehiscent. Seeds subglobose. — Trees or shrubs, with unequally pin- nate leaves. Flowers in axillary and terminal racemes. 1. S. tomentosa, L. Hoary-tomentose ; leaflets 11-17, oblong, coria- ceous, becoming smooth above ; raceme elongated ; calyx minutely 5-toothed. — South Florida, near the coast. — Shrub 4° -6° high. Flowers showy, yel- low. Legume stipitate, 5' long. 10* 114 LEGUMINOS^. (PULSE FAMILY.) SUBORDER II. CJESAL.PINIE.aE. '"* BRASILETTO FAMILY. 42. CIE-CIS, Ifcj RED-BUD. Calyx campanulate, 5-toothcd. Petals all distinct, the vexillum shorter than the wings. Stamens 10, distinct. Legume oblong, compressed, many-seeded ; the upper suture winged. — Trees, with broadly-cordate simple stipulate leaves, and reddish-purple clustered flowers appearing before the leaves. 1. C. Canadensis, L. — Rich soil, Florida to Mississipi, and northward. February and March. — Tree 15° -20° high. Flowers very numerous, from lateral buds. 43. CASSIA, L. SENNA. Calyx of 5 nearly distinct sepals. Petals 5, unequal. Stamens 5 -10. An- thers mostly of different forms, opening by two terminal pores. Legume many- seeded. Seeds often separated by cross partitions. — Herbs or shrubs. Leaves abruptly pinnate. Flowers yellow. * Stamens 10, unequal : part of the anthers abortive : sepals obtuse : stipules deciduous. 1. C. OCCidentaliS, L. Annual, smoothish ; stem stout, branching ; leaf- lets about 10, ovate or ovate-lanceolate, acute ; petiole with a globular gland at the base ; racemes 2 - 4-flowered, the upper ones crowded. — Waste places, com- mon. — Stem l°-5° high. Legume linear, erect, compressed, slightly curved, 3' -4' long. 2. C. obtusifolia, L. Annual, rougblsh ; stem slender, leaflets 6, cune- ate-obovate, with a tooth-like gland between the lowest pair ; flowers by pairs ; legume narrow-linear, 4-angled, recurved. — Waste places, Florida to North Carolina, and westward. Stem 1° - 4° high. Legume 6' - 10' long. 3. C. Marilandica, L. Perennial, smoothish; leaflets 12-18, oblong, acute ; petiole with a club-shaped gland near the base ; racemes several- flowered, the upper ones crowded, forming a compact panicle ; legume linear, slightly curved. — Rich soil, Florida to Mississippi, and northward. August. — Stem 3° - 4° high. Legume 3' - 4' long. 4. C. angUStisiliqua, Lam. ? Smooth or nearly so ; stem branched ; leaflets 6-10, oblong, mucronate, very ^oblique at the base, hairy at the base beneath, with a globular gland on the petiole or between the lowest pair of leaf- lets ; flowers in a terminal panicle, on slender pedicels ; sepals oblong-obovate ; petals yellow, veiny ; perfect stamens oblong, the larger ones curved ; legume (3'-^' long) broadly linear, flat, straight or somewhat falcate, many-seeded. — South Florida. Feb. — Leaflets 9" - 12" long. Legumes 4'' wide. 5. C. biflora, L. Shrubby; leaflets 4- 10, oblong, narrowed at the base, mucronate, with an obovoid gland between the lowest pair ; racemes 2 - 4-flow- ered, often by pairs, slender, shorter than the leaves ; fertile anthers 5 ; legume linear, flat, straight or somewhat falcate, smooth, many-seeded. — Key West. — Leaflets 1' long. Legume 3' long, 2" wide. LEGUMINOS^E. (PULSE FAMILY.) 115 * * Stamens 5 -10: anthers all perfect : sepals acute: stipules persistent. 6. C. Chamaecrista, L. Annual; stem smooth or rusty-hairy; leaflets small, numerous, linear-oblong, mucronate ; stipules acuminate, nerved ; flowers borne above the axils, large, clustered, on long pedicels ; anthers 10 ; style slen- der ; legume linear, nearly straight. — Dry barren soil, Florida to Mississippi, and northward. July and August. — Stem 1°- 1^° high. Part of the petals often purple at the base. 7. C. nictitans, L. Annual; pubescent; leaflets numerous, oblong-linear; stipules and bracts subulate ; flowers small, 2 - 3 in a cluster above the axils, on short pedicels ; petals unequal ; stamens 5, nearly equal. "Var. aspera. (C. aspera, Ell.) Hirsute; stamens 7-9, very unequal; ovary very hairy ; flowers larger. — Dry old fields, Florida to North Carolina, and westward. August. — Stem 1° high, often prostrate. Leaflets about 40, sensi- tive, like those of the preceding species. 44. GLEDITSCHIA, L. HONEY-LOCUST. Flowers polygamous. Sepals 3-5, united at the base, spreading. Petals as many, or less by the union of the 2 lower ones. Stamens 3 - 5, distinct, inserted with the petals on the base of the calyx. Legume stipitate, flat, 1 - many-seed- ed. Seeds compressed. — Thorny trees. Leaves abruptly 1 - 2-pinnate, with oblong serrate leaflets. Flowers small, greenish, in short spikes. 1. G. triacanthos, L. Leaflets lanceolate-oblong; thorns mostly com- pound ; legume very long, many-seeded, pulpy within. — Rich woods, Florida to Mississippi, and northward. June and July. — A large tree. Legume 12'- 18' long, 1' wide, twisted. 2. G. monosperma, Walt. Leaflets ovate or oblong ; thorns mostly simple ; legume short, obliquely oval, 1-seeded, not pulpy. — Deep river swamps, Florida to Tennessee, and westward. July. — A small tree. Legume 1' long. SUBORDER HI. WIIIflOSEJE. MIMOSA FAMILY. 45. MIMOSA, L. SENSITIVE-PLANT. Flowers polygamous. Calyx minute, 4-5-toothed. Petals united into a 4-5-cleft tubular-campanulate corolla. Stamens 4-15, distinct, much exsert- ed. Legume compressed, mostly jointed, 1 - many-seeded ; the broad valves separating at maturity from the persistent margins. — Herbs, shrubs, or trees. Leaves bipinnate, sensitive. Flowers white or rose-color, capitate or spiked, on axillary peduncles. 1. M. Strigillosa, Torr. & Gray. Herbaceous and rough with scattered appressed rigid hairs ; stem prostrate ; leaves long-petioled ; pinnae 5-6 pairs ; leaflets 10-14 pairs, oblong-linear; peduncles longer than the leaves ; heads of flowers elliptical ; legume oval or oblong, 1 - 3-jointed, hispid. — Banks of rivers, East Florida, and westward. July and August. — Flowers rose-color. 116 LEGUMINOS^. (PULSE FAMILY.) M. PUDICA, L., the common SENSITIVE-PLANT, is partially naturalized in sonic localities. 46. SCHRANKIA, Willd. Flowers polygamous. Calyx minute. Corolla funnel-shaped, 5-cleft. Sta- mens 8-10, distinct, exserted. Legume not jointed, prickly, 1-celled, many- seeded ; the narrow valves separating at maturity from the broad margins. — Perennial prostrate prickly herbs, with bipinnate sensitive leaves, and purple flowers in globose axillary peduncled heads. 1. S. uncinata, Willd. Stem, petioles, peduncles, and legumes thickly beset with short and thick recurved prickles ; pinnae 5-6 pairs ; leaflets 26 - 30, elliptical, reticulated with elevated veins beneath; peduncles mostly solitary, usually shorter than the leaves ; legume oblong-linear, with a short acuminate point, about as long as the peduncle ; seeds elliptical. — Dry sandy soil, Florida, and westward. June -August. — Stem 2° -4° long. Legume 2' long. 2. S. angustata, Torr. & Gray. Stem, &c. armed with scattered weak recurved prickles ; pinnae 4-6 pairs ; leaflets about 30, linear-elliptical, veinless, or nearly so, on both sides ; peduncles single or by pairs, much shorter than the leaves ; legume narrow-linear, 3-4 times as long as the peduncle, ending in a long subulate smoothish point. Var. ? brachycarpa. Stem, £c. as in No. 1 ; leaflets oblong-linear ; pedun- cles single or 2 - 4 in a cluster, the upper ones longer than the leaves ; legumes (2' -3' long) broadly linear, abruptly slender-pointed, densely armed with strong often branching prickles, about as long as the peduncle. — Dry pine barrens, Florida to North Carolina, and westward. June - August. — Stem 2° - 5° long. Legumes 4' -5' long. 47. PITHECOLOBIUM, Martins. Flowers perfect, rarely polygamous. Calyx tubular-campanulate, 4 - 5-toothed. Corolla tubular-funnel-shaped, 4 - 5-cleft. Stamens 10 or more, long exserted, monadelphous near the base. Style filiform. Legume broadly linear, com- pressed, contorted or falcate, transversely partitioned, mealy or pulpy within. Seeds lenticular. — Trees or shrubs, often armed with stipular spines. Leaves pinnate or bipinnate. Flowers chiefly capitate, axillary and terminal. 1. P. Unguis-Cati, Benth. Unarmed or spiny; leaves bipinnate; leaf- lets 4, thin, broadly and obliquely obovate, the partial petioles much shorter than the common one ; heads globose, in a loose raceme ; calyx-teeth short, ciliate ; corolla yellowish, smooth ; stamens crisped, twice as long as the corolla ; ovary smooth. (Inga Unguis-Cati, Willd.) — South Florida. — Leaflets 1 ' - 1\|' long, light green. (Legume spirally twisted, 5 - 6-seeded, white, and fleshy within. McFadyen.) 2. P. Guadalupense. Unarmed ; leaves bipinnate ; leaflets 4, coria- ceous, obliquely oblong or obovate, the common and partial petioles nearly equal ; peduncles solitary, axillary, longer than the leaves, or the upper ones racemose ; calyx and corolla pubescent ; stamens 30 or more, 3-4 times as long ROSACES. (ROSE FAMILY.) 117 as the corolla; ovary pubescent; legume smooth, falcate or hooked. (Inga Guadalupensis, Desv.) — South Florida. — Leaflets 1' long, deep green. Legume 2' -4' long. Flowers yellowish. I 48. DESMANTHUS, Willd. Flowers polygamous. Calyx 5-toothed. Corolla of 5 oblong-spatulate pet* als, or tubular and 5-cleft. Stamens 5 - 10. Filaments of the lower flowers filiform, sterile. Legume linear, continuous, 2-valved. — Herbs or shrubs, with abruptly bipinnate leaves, and heads or spikes of white flowers borne on axillary peduncles. Leaves sensitive. 1. D. depressus, Humb. & Bonpl. Stems slender, prostrate, sprinkled with hairs, shrubby at the base ; pinna? 2 pairs ; leaflets oblong-linear, very ob- tuse, oblique and almost truncate at the base, hairy on the margins ; peduncles 2-4-flowered, the two upper flowers (sometimes all) perfect; stamens 10; leg- ume linear, many-seeded ; seeds angular, compressed. — South Florida. — Stems 1° - 2° long. Legume 1 ' - 1 £' long. 2. D. diflfusus, Willd. Stem somewhat shrubby, prostrate ; pinna? 4-5 paurs ; spikes few-flowered, capitate ; flowers pentandrous ; legume narrowly linear. — Key West. — Legume 2' long. 3. IX virgatus, Willd. Stem erect, rather rigid, smoothish, angled ; pinna? 1 - 7-pairs ; leaflets numerous, oblong-linear ; a rather large ovate gland below the lowest pinnae; heads few-flowered ; stamens 10; legume straight, lin- ear., 10 - 30-seeded. (D. strictus, Bertol.) — South Florida. — Stem 1° - 2° high. 49. NEPTUNIA, Lour. Sterile filaments flat, membranaceous or petal-like. Legume oblong, few- seeded ; otherwise like Desmanthus. 1. N. lutea, Benth. Stems ascending, rough with short rigid hairs ; pinna? 4-5 pairs ; leaflets numerous, linear-oblong, mucronate, fringed on the margins, veiny beneath ; stipules ovate, acuminate ; peduncles longer than the leaves, rough, minutely bracted ; heads oval or oblong, many-flowered, nodding ; petals distinct; sterile filaments 8-10, yellow, spatulate-linear ; fertile ones 10, white ; legume 5 - 8-seeded. — Damp soil near the coast, Key West to Alabama, and westward. June. 1J. — Stems 2' -3' long. ORDER 48. ROSACE^E. (ROSE FAMILY.) Herbs, shrubs, or trees, with alternate stipulate leaves, and regular flowers. — Calyx of 3 - 8 (mostly 5) more or less united sepals, and often with as many bracts. Petals as many (rarely none), inserted with the few or numerous distinct stamens on the edge of the disk which lines the tube of the calyx, mostly imbricated in the bud. Ovaries 1 - several, free, or more or less united with the calyx and with each other, 1 - few- 118 ROSACEJE. (ROSE FAMILY.) ovuled. Seeds anatropous, and, with few exceptions, without albumen. Embryo straight, with large and thick cotyledons. Fruit various. Synopsis. SUBORDER I. CHRYSOBALANEJE. Calyx bractless, free from the solitary ovary. Style single, arising from the base of the ovary. Ovules erect. Fruit a drupe. — Trees or shrubs. Leaves simple. 1. CHRYSOBALANUS. Calyx-limb persistent. Stone grooved. Low shrubs. SUBORDER II. AMYGDALE^. Calyx bractless, free from the sol- itary ovary. Style single, terminal. Ovules suspended. Fruit a drupe. Leaves simple. 2. PRUNUS. Calyx-limb deciduous. Stone even, or grooved on the margins. SUBORDER LU. ROSACEJE. Calyx 3 - 5-cleft, the lobes often alte-- nating with as many bracts, free from the 1 - several ovaries. Style lateral or terminal. Fruit a 1 - 10-seeded follicle, or a 1-seeded ache- nium. — Herbs or shrubs. Leaves mostly lobed or compound. * Fruit a 1 - 10-seeded follicle. 3. SPIR2EA. Petals obovate or roundish, imbricated in the bud. 5. GILLENIA. Petals linear-lanceolate, convolute in the bud. * * Fruit a 1-seeded achenium. •»- Fruiting calyx dry, the lobes mostly valvate in the bud. Achenia few, or numerous and collected into a head. •H- Calyx-tube contracted at the throat (except No. 4). Achenia 1-4. 4. NEVIUSIA. Petals none. Stamens indefinite. Calyx-lobes serrate. 6. AGRIMONIA. Petals 5. Stamens 5 -15. Calyx bristly. 7. SANGUISORBA. Petals none. Stamens 4. Style terminal. 8. ALCHEMILLA. Petals none. Stamens 1-4. Style lateral. •H- -H. Calyx open, bracted. Stamens and dry achenia numerous, the latter rarely 2-4. = Seeds erect. 9. GEUM. Style persistent. Achenia numerous. 10. WALDSTEINIA. Style deciduous. Achenia 2-6. = = Seeds suspended or ascending. 11. POTENTILLA. Receptacle flat or convex, dry. 12. FRAGARIA. Receptacle conical, enlarged and fleshy in fruit. ++ -H. + Calyx open, bractless. Stamens and juicy achenia numerous. 13. RUBUS. Achenia crowded on the conical receptacle. +- H- Calyx-tube fleshy, urn-shaped ; the lobes imbricated in the bud. Achenia numerous, inserted on the receptacle which lines the inside of the calyx-tube. 14. ROSA. Achenia dry and hairy. Prickly shrubs. ^ ^ SUBORDER IV. POME^E. Calyx including and cohering with the 1-5 ovaries, very thick and fleshy in fruit. 15. CRATJ2GUS. Fruit of 1 - 5 bony 1-seeded nutlets. 16. PYRUS. Fruit of 2 - 5 cartilaginous or membranaceous 2-seeded cells. 17. AMELANCHIER. Fruit of 3 - 5 two -seeded cells ; seeds separated by a false partition. ROSACES. (ROSE FAMILY.) 119 1. CHRYSOBALANTTS, L. Calyx bell-shaped, 5-cleft, persistent. Petals 5. Stamens about 20 ; the in- ner ones often shorter and sterile. Ovary with 2 collateral erect ovules ; the style arising from its base. Drupe 1 -seeded ; the stone grooved. — Low unarmed shrubs. Leaves nearly sessile, entire, with minute stipules. Flowers small, in axillary or terminal paniculate cymes. 1. C. Oblongifolius, Michx. Leaves somewhat coriaceous, oblong, nar- rowed downward, mucronate, smooth on both sides, or hoary-pubescent beneath, deciduous ; cymes terminal, racemose, many-flowered ; calyx pubescent ; sta- mens and ovary smooth ; drupe ovoid. — Dry sandy pine barrens, Florida, Ala- bama and Georgia. May. — Stems creeping, the flowering branches 6' - 12' high. Leaves 3' - 4' long. Flowers greenish-white, mostly abortive. 2. C. Icaco, L. ( COCOA PLUM.) Leaves short-petioled, round-obovate, mostly emarginate, smooth, coriaceous ; cymes axillary, few-flowered, shorter than the leaves ; calyx pubescent and hoary ; stamens and ovary hairy ; drupe large roundish. — South Florida. — Shrub 4° - 6° high, the stem and branches rough- ened with small white tubercles. Leaves 2' long, l£' wide. Drupe yellow, pur- ple, or black. 2. PRUNUS, L. PLUM. CHEERY. Calyx 5-cleft, deciduous. Petals -5, spreading. Stamens 15-30. Ovary with 2 collateral suspended ovules. Style terminal. Drupe fleshy; the stone even. — Trees or shrubs. Leaves simple. Flowers white. § 1. PRUNUS. (PLUM.) — Drupe glaucous: stone more or less compressed : leaves convolute in the bud: Jlowers in lateral clusters, appearing before the leaves: branches often spiny. 1. P. Americana, Marsh. Leaves thick, ovate or somewhat obovate, acu- minate, rounded or slightly cordate at the base, pubescent beneath, sharply ser- rate, on glandular petioles ; drupe large, globose. (P. hiemalis, Ell.) — Woods, Florida to Mississippi, and northward. March and April. — A small tree. Leaves 2' -3' long, smooth when old. Flowers very numerous. Plum reddish, £'-!' in diameter, pleasantly acid, ripening in September. 2. P. umbellata, Ell. Leaves thin, ovate-lanceolate or oblong, acute at both ends, or the upper ones rounded at the base, finely and sharply serrate, smooth or soft-downy beneath ; calyx-teeth emarginate, pubescent ; drupe glo- bose ; stone slightly compressed. — Dry light soil, Florida and Alabama to South Carolina. February and March. — A shrub or small tree. Branches purple, shining. Leaves I'-l^' long. Plum rarely £' in diameter, dark-purplish or black, sour and bitter, ripening in August. 3. P. Chicasa, Michx. Leaves thin, lanceolate or oblong-lanceolate, acute, smooth, minutely and sharply serrate, with the teeth glandular and in- curved ; flowers short-peduncled ; calyx smooth ; drupe yellowish-red, globose. — Old fields, forming thickets. March. — A shrub or small tree. Leaves 120 ROSACEJS. (ROSE FAMILY.) l£' - 2' long. Plum about ^' in diameter, thin-skinned and of an agreeable flavor. ' § 2. CERASUS. (CHERRY^) — Drupe not glaucous: stone globular or slightly com- pressed: leaves folded in the bud, deciduous. — Spineless shrubs or trees. Flowers clustered. 4. P. Pennsylvanica, L. Leaves thin, ovate-lanceolate, acuminate, finely and sharply serrate, green and smooth on both sides ; flowers several in a cluster, on long peduncles ; drupe globose, light red. — Rocky woods, North Carolina, and northward. May. — A small tree. Fruit small and sour. * =* Flowers in racemes terminating leafy branches. 5. P. serotina, Ehrhart. Leaves smooth, varying from oval to ovate- lanceolate, mostly acute or acuminate, serrate, with the teeth callous and ap- pressed ; racemes long, spreading ; drupe globose, purplish-black. — Woods, Florida to Mississippi, and northward. April and May. — A tree 20° - 60° high. 6. P. Virginiana, L. Smooth throughout, or the lower surface of the leaves, branches, and racemes more or less pubescent ; leaves thin, oval, oblong or obovate, finely and sharply serrate, abruptly acute or acuminate ; racemes rather short and erect ; drupe red. (P. hirsuta, Ell. ?) — Light sandy soil, Geor- gia and northward. April. — Shrub 3° - 9° high. Leaves 1' - 3' long. Drupe astringent. § 3. LAUROCERASUS. ( CHERRY-LAUREL ) — Drupe not glaucous : stone globular : flowers in racemes from the axils of evergreen leaves. 7. P. Caroliniana, Ait. (MocK ORANGE.) Leaves coriaceous, smooth and glossy, ovate-lanceolate, acute, mostly entire ; racemes shorter than the leaves, white ; drupe ovoid, soon dry, black. — Banks of rivers, Florida to North Carolina, and westward. February and March. — A small tree. 3. SPIRJEA, L. MEADOW-SWEET. Calyx 5-cleft, persistent. Petals 5, roundish, imbricated in the bud. Stamens 10-50. Follicles 3-12, 1 - 10-seeded. Styles terminal. — Shrubs or perennial herbs, with simple or compound leaves. Flowers white or rose-color, sometimes dioecious. * Slirubs : flowers perfect. H- Flowers corymbose. 1. S. opulifolia, L. Leaves broadly ovate or cordate, 3-lobed, doubly crenate-serrate, smooth; corymbs umbellate, terminating the short branches, mostly pubescent ; follicle smooth, inflated, 2-4-seeded. — Var: FERRUGINEA, Nutt. Leaves smaller (!' long), slightly lobed, covered, like the branches, corymbs, and follicles, with a dense brownish pubescence. — Banks of streams, Florida and Alabama (the variety) to the mountains of Georgia, and northward. April and May. — Shrub 3° - 5° high, the old bark separating in turn layers. Flowers white. H— H— Flowers panicled. 2. S. tomentosa, L. Leaves simple, ovate or oblong, serrate, the lower surface, like the branches and close panicle, covered with a dense, rust-colored ROSACES. (ROSE FAMILY.) 121 pubescence ; follicles 5, not inflated, tomentose, several-seeded. — Low grounds in the upper districts of Georgia, and northward. June and July. — Stem 2° - 3° high. Flowers small, pale purple. 3. S. salicifolia, L. Smooth; panicle dense-flowered; leaves varying from lanceolate to oblong-obovate, sharply and doubly serrate ; follicles not in- flated, smooth, several-seeded. — With the preceding. June and July. — Stem 2° -5° high. Flowers white. * * Perennial herbs: leaves lobed or compound. 4. S. lobata, Murr. Flowers perfect, in long-peduncled paniculate cymes ; leaves coarse, pinnately lobed, the terminal lobe very large, reniform, 7 - 9-parted, with the divisions incisely toothed and serrate; stipules reniform, persistent; follicles 6-8, 1 - 2-seeded. — Swamps along the mountains of Georgia and North Carolina, northward. June and July. — Stem smooth, 5° - 8° high. Up- per leaves 3-lobed and sessile ; the lowest ones on Jong petioles. Flowers rose- color. Petals and sepals often in fours. 5. S. AruncilS, L. Flowers dioecious, in elongated filiform panicled racemes ; leaves thrice-pinnate ; leaflets thin, lanceolate-oblong, sharply and doubly serrate ; stipules minute or wanting ; follicles 3-5, several-seeded, re- flexed. — Woods on the mountains of Georgia, and northward. June. — Stem tall and slender. Flowers minute, white. 4. NEVIUSIA, Gray. Calyx bractless, spreading, 5-parted, with the lobes leaf-like, incisely serrate and persistent. Corolla none. Stamens indefinite, inserted in several rows on the thin disk which lines the bottom of the calyx ; filaments filiform. Ovaries 2-4, sessile : style nearly terminal, filiform. Ovule single, pendulous, anatro- pous. Achenia drupaceous. Cotyledons oval, flat. Embryo included in thin fleshy albumen. Radicle superior, inflexed-accumbent. — A shrub, with alter- nate leaves, free bristle-awl-shaped stipules, and single or clustered terminal flowers on slender peduncles. • 1. N. Alabamensis, Gray. — Shady cliffs near Tuscaloosa, Alabama. Rev. R. D. Nevius. — Shrub 2° - 5° high, with spreading branches. Leaves short-petioled, membranaceous, ovate or oblong, doubly serrate, l'-2^' long. Flowers very numerous and showy. 5. GILLENIA, Mcench. INDIAN PHYSIC. Calyx tubular-campanulate, 5-toothed. Petals 5, linear-lanceolate, unequal, inserted on the throat of the calyx, convolute in the bud. Stamens 10 - 20. Fol- licles 5, included in the calyx, 2-4-seeded. — Perennial herbs. Leaves thin, trifoliolate ; the leaflets sharply and doubly serrate. Flowers white or rose- color, in loose few-flowered corymbs. 1. G. trifoliata, Moanch. Stipules small, subulate, entire; leaflets ob- long, acuminate, rather coarsely serrate; lower peduncles elongated, flowers 11 122 ROSACE^E. (ROSE FAMILY.) white. — Rich woods in the northern parts of Alabama, and northward. June. — Stem 2° -3° high. 2. G. stipulacea, Nutt. Stipules leafy, ovate, serrate; leaflets lanceo- late, coarsely serrate, or the lowest incisely lobed ; flowers rose-color. — Moun- tains of Alabama, and northward. June. — Stem 2° - 3° high. 6. AGRIMONIA, Tourn. AGRIMONY. Calyx 5-cleft, the tube top-shaped, contracted at the throat, and armed with hooked bristles. Petals 5. Stamens 5-15, inserted on the throat cf the calyx. Achenia 2, included in the grooved and indurated calyx-tube. — Perennial herbs, with unequally pinnate leaves, leafy toothed stipules, and small yellow flowers in long spiked racemes. Fruit nodding. 1 . A. Eupatoria, L. Stem hairy ; leaflets 3-7, with smaller ones below or intermixed, oblong-obovate, hairy, sometimes white-downy beneath, coarsely serrate ; petals twice the length of the calyx. — Dry open woods, Florida to Mis- sissippi, and northward. August. — Stem 2° - 3° high. 2. A. parviflora, Ait. Stem and petioles hirsute; leaflets 9-15, with smaller ones between, lanceolate, coarsely serrate, roughish above, pubescent beneath. — Low ground, chiefly in the upper districts, Mississippi to North Car- olina, and northward. August. — Flowers and fruit smaller than in No. 1. 3. A. incisa, Torr. & Gray. Stem, petioles, and lower surface of the leaves clothed with soft 'down and long hairs intermixed ; leaflets 7-9, small (!' long), oblong or obovate, coarsely serrate, with smaller ones between; sta- mens 5. — Dry open woods, Florida, Alabama, and Georgia. August. — Stem 2° high. Flowers small. 7. SANGUISORBA, L. Calyx 4-parted, the tube 4-angled. Petals none. Stamens 4, the filaments usually thickened upward. Style terminal, slender. Stigma pencil-form. Achenia 1-2, included in the 4-winged indurated calyx-tube. — Herbs, with unequally pinnate leaves. Flowers in close heads or spikes. 1. S. Cauadensis, L. Smooth; leaflets numerous, stalked, cordate- ovate or oblong, serrate ; spikes long-peduncled, cylindrical, elongated in fruit ; stamens flattened. — Wet meadows, along the Alleghany Mountains, Georgia, and northward. September. 1J. — Stem 2° - 4° high. Lowest leaves on long petioles. Flowers white. 8. ALCHEMILLA, Tourn. Calyx 4 - 5-parted, and with as many alternate bracts ; the tube obconical, contracted at the throat. Petals none. Stamens 1-4. Style lateral. Stigma capitate. Achenia 1-4, included in the persistent calyx -tube. — Small herbs, with palmately divided leaves, and minute greenish flowers, in corymbs or clus- ters. KOSACE^E. (ROSE FAMILY.) 123 1. A. arvensiS, L. Annual, hairy; stem (l'-8'high) leafy; leaves 3- partcd, the divisions wedge-shaped, 3 - 5-lobed ; flowers in axillary sessile clus- ters ; fertile stamens 1-2. — Waste places, North Carolina and Virginia. In- troduced. — Stem branching from the base. Leaves 4" - 6" long. 9. GEUM, Lv AVENS. Calyx campanulate, deeply 5-cleft, and usually with as many bracts at the sinuses. Petals 5. Stamens and achenia numerous, the latter crowded on the conical or cylindrical dry receptacle. Styles terminal, long, persistent, jointed and hairy, or straight and smoothish. Seeds erect. — Perennial herbs, with pin- nately divided leaves. Flowers yellow, white, or purple. 1. G. album, Gmelin. Smoothish or downy ; stem slender, with spreading branches ; radical leaves pinnate, or the earliest ones nearly simple and rounded ; stem-leaves 3-parted, lobed or toothed ; petals white, as long as the calyx ; style jointed and bent near the middle, the smooth lower portion persistent and hooked ; receptacle and ovaries bristly-hairy. — Rich woods, Georgia and northward. April and May. — Stem 2° high. 2. G. geniculatum, Michx. Hairy ; leaves pinnate, 3-parted or 3-lobed, the upper ones nearly sessile ; leaflets or lobes thin, ovate and obovate, toothed and serrate ; style jointed and bent in the middle, the upper portion plumose and nearly persistent the lower pubescent, or smooth above ; heads of the hairy achenia sessile. — High mountains of North Carolina. July. — Stem 2° - 3° high. Flowers white, veiny. 3. G. radiatum, Michx. Hirsute; stem short (6' -12'), often branching; lowest leaves pinnate, the terminal leaflet large, reniform, obscurely lobed, doubly toothed, the lateral ones few and small ; stem-leaves scattered, small, sharply toothed, sessile ; flowers large ; petals obcordate, yellow ; style straight and wholly persistent, hairy at the base ; heads of achenia sessile. — Highest mountains of North Carolina. July. — Flowers 1' wide. 10. WALDSTEINIA, Willd. Calyx obconical, 5-cleft, with as many alternate bracts. Petals 5. Stamens numerous, inserted into the throat of the calyx. Achenia 2-6, dry or some- what fleshy. Style terminal, filiform, separating from the achenium by a joint. Seeds erect. — Low perennial herbs, with chiefly radical and roundish lobed leaves, and yellow flowers on scape-like stems. 1. W. fragarioides, Tratt. Smooth or hairy; leaves long-petioled, tri- foliolate or 3-parted, with broadly cuneate and crenately toothed leaflets ; scape as long as the leaves, bracted, many-flowered ; achenia 4-6, minutely hairy. — Mountain-woods, Georgia and northward. May and June. — Stem and leaves 4' - 6' high. Petals larger than the calyx. 2. W. lobata, Torr. & Gray. Hairy ; leaves cordate, crenately 3 - 5-lobed ; scape filiform, bracted, 4 - 8-flowered ; achenia mostly 2, hoary ; petals rather 124 % ROSACE^E. (ROSE FAMILY.) shorter than the calyx. (Dalibarda lobata, Baldw.) — Banks of the Flint and Chattahoochee rivers, in the middle districts of Georgia, not common. May and June. — Scape and leaves 4' - 8' high. 11. POTENTILLA, L. CINQUEFOIL. Calyx flat, 5-cleft, with as many bracts. Petals 5, obcordate or roundish. Stamens numerous. Style lateral or terminal, deciduous. Achenia collected in a head on the dry and pubescent receptacle. — Herbs or shrubby plants, with variously divided leaves. Flowers solitary or cymose. * Style terminal, or nearly so. 1. P. Norvegica, L. Annual, hair^; stem erect, branched; leaves pal- mately 3-foliolate, the leaflets obovate-oblong or lanceolate, coarsely serrate ; flowers pale yellow, in leafy cymes ; petals shorter than the calyx. — Waste places. Introduced, and sparingly naturalized. — Stem 1° - 2° high. 2. P. Canadensis, L. Perennial, hairy ; stem prostrate or ascending, simple ; leaves palmately 5-foliolate ; leaflets obovate-oblong, coarsely serrate ; flowers axillary, solitary, on long filiform peduncles ; petals yellow, obcordate, as long as the calyx. (P. simplex, Michx.) — Meadows in the upper districts, Mississippi to North Carolina, and northward. July and August. — Stem l°-3° long. * * Style lateral. f 3. P. tridentata, Ait. Stem somewhat shrubby at the base, erect or as- cending, pubescent ; leaves rigid, trifoliolate, cuneate -oblong, 3-toothed at the apex ; flowers white, in a terminal cyme. — High mountains of North Carolina. July. — Stem 5' - 10' high. Achenia and receptacle very hairy. 12. FRAGARIA, Tourn. STRAWBERRY. Flowers like Potentilla, but the dry achenia borne on the enlarged, at length pulpy and scarlet receptacle. Style lateral. — Perennial herbs with creeping runners. Leaves radical, trifoliolate. Flowers white, in terminal cymes. 1. F. Virginiana, Ehrhart. Hairy ; leaflets oblong, coarsely serrate ; scape few-flowered ; fruit roundish, the achenia imbedded in the deeply pitted receptacle. — Rich woods, Florida to Mississippi, and northward. March and April. — Scapes 4' -6' high. 13. RTJBTJS, L. BRIER. BRAMBLE. Calyx concave or flattish, 5-parted, without bracts. Petals 5, deciduous. Stamens numerous. Achenia juicy, crowded on the conical or cylindrical re- ceptacle. Style nearly terminal, deciduous — Perennial or shrubby and mostly prickly plants, with lobed or compound petioled leaves, and white or reddish flowers. * Heads of achenia hemispherical, deciduous : receptacle dry. 1. B. odoratUS, L. Shrubby, not prickly; the branches, petioles, and corymbs hispid with glandular hairs ; leaves large, broadly ovate, 3-lobed, or ROSACES. (ROSE FAMILY.)* 125 the lowest ones 5-lobed, the lobes acute or acuminate, toothed and serrate ; calyx- lobes caudate ; flowers large, rose-color ; fruit reddish. — Rocky woods on the mountains of Georgia, and northward. June - August. — Stem 3° - 4° high. Flowers 2' in diameter. 2. B. occidentalis, L. Glaucous ; stem prickly, but otherwise very smooth, bending ; leaves 3 - 5-foliolate ; leaflets thin, ovate, acuminate, coarsely serrate or sparingly toothed, white-downy beneath ; petals white, shorter than the reflexed short-caudate hoary calyx-lobes ; fruit black. — Borders of woods along the mountains, Georgia and northward. May. — Stem biennial, 5° - 8° long. * * Heads of achenia oval or oblong, persistent : receptacle juicy. 3. B. villosus, Ait. Tall, shrubby; stem erect or bending, armed, like petioles and peduncles, with stout recurved prickles, the branches and 3 - 7-folio- late leaves soft-hairy or nearly smooth ; leaflets ovate or oblong, doubly ser- rate ; racemes leafy below, bracted above ; sepals acuminate, much shorter than the obovate white petals ; fruit large, oblong, black. — Swampy thickets, common. April. — Stem 4° - 10° high. 4. B. cuneifolius, Pursh. Shrubby, armed with stout prickles; stem erect ; branches and leaves tomentose ; leaves trifoliolate, with the leaflets cune- ate-obovate, unequally serrate towards the summit, tomentose and white beneath ; racemes few-flowered ; petals white ; fruit ovoid, black. — Old fields, Florida to North Carolina, and westward. April. — Stem 2° - 4a high. Leaves and fruit smaller than in the preceding. 5. B. trivialis, Michx. Shrubby, and armed with stout straight or re- curved prickles and bristly hairs ; stem prostrate, slender ; leaves 3 - 5-foliolate, partly persistent ; leaflets smooth, oblong-ovate or obovate, acute, sharply serrate ; racemes few-flowered, leafy below, mostly longer than the leaves ; flowers large, white ; fruit black. — Dry sandy soil, Florida to North Carolina, and westward. April. 6. B. hispidus, L. Somewhat shrubby, and armed with weak bristle-like prickles ; stem slender, prostrate ; leaves trifoliolate, persistent ; leaflets obovate, obtuse, coarsely serrate, smooth ; racemes many-flowered, slender, longer than the leaves ; flowers small, white ; fruit of few large and black achenia. (R. obo- valis, Michx.) — Cold shady swamps among the mountains, Georgia and north- ward. May and June. — Fruit sour. 14. BOSA, Tourn. ROSE. Calyx 5-cleft, the urn-shaped tube becoming fleshy in fruit. Petals 5. Sta- mens numerous, inserted with the petals on the throat of the calyx. Ovaries numerous, hairy, inserted on the thin receptacle that lines the inner surface of the calyx-tube. Styles nearly included. Achenia bony. — Prickly shrubs. Leaves unequally pinnate. Stipules united with the petioles. Flowers showy. * Styles cohering, exserted. 1. B. setigera, Michx. Stem long, reclining, smooth ; leaflets 3 - 5, ovate, acuminate or acute, serrate, shining above : petioles, peduncles, and calyx glan- 11* 126 ROSACES. (ROSE FAMILY.) dular ; corymb few-flowered ; petals obcordate ; fruit globose, smooth. — Borders of swamps, Florida to South Carolina, and westward. June. — Stem 10°- 15° long. Flowers 2' - 3' wide, red. * * Styles distinct, included : floivers red or ichite. 2. R. Carolina, L. Stem erect, smooth, armed with stout recurved stipu- lar prickles ; leaflets 5-9, oblong or elliptical, acute, finely serrate, dull and smoothish above, the lower surface paler, or, like the prickly petioles and cau- date calyx-lobes; tomentose ; flowers single or corymbose ; calyx-tube and peduncles glandular-hispid. — Swamps, Florida to North Carolina, and west- ward. June. — Stem 4° - 6° high, commonly purplish. Fruit depressed-globose, glandular. 3. H. lucida, Ehrhart Stem low, erect, armed with bristles and stout stipular prickles ; leaflets mostly 5, elliptical or oblong-lanceolate, sharply ser- rate, smooth and shining above, paler and often somewhat pubescent beneath ; flowers solitary, or 2-3 together ; peduncles and calyx glandular, the latter with foliaceous, often incised lobes. (K. parviflora, Ell } —Florida to Mississippi, and northward, mostly in dry soil, common. May and June. — Stem l°-3° high. A variable species. Stem sometimes smooth. 4. R. rubiginosa, L. (EGLANTINE.) Stem erect or curving, armed with very stout prickles ; leaflets 5-7, oval or obovate, serrate, glandular beneath ; flowers mostly solitary, on hispid peduncles ; fruit obovate. (R. suaveolens, Pursh.) — Waste places in the upper districts : introduced. Branches yellowish- green. Leaves fragrant. 5. B. Isevigata, Michx. (CHEROKEE ROSE.) Stem long, trailing, smooth, the branches armed with very stout and curved prickles ; leaves ever- green, mostly trifoliolate ; leaflets smooth and shining, lanceolate, the midrib his- pid ; stipules deciduous ; flowers large, solitary, white j calyx very bristly. — Common in cultivation. 15. CBAT^IGUS, L. HAWTHORN. Calyx urn-shaped ; the limb 5-cleft, persistent. Petals 5, orbicular, concave. Stamens few or many. Styles 1-5, distinct. Fruit fleshy, containing 1-5 bony nutlets. — Thorny shrubs or trees. Leaves simple, serrate or variously lobed. Flowers white, axillary and solitary, or in corymbs terminating short lateral branches. Stipules on the young branches linear, or lunate and ser- rate. * Corymbs compound, many-flowered. •- Fruit small, not larger than a pea. 1. C. spatliulata, Michx. Young branches tomentose, otherwise nearly smooth and glandless throughout ; leaves small, spatulate, crenate at the sum- mit ; those on the young shoots larger and incisely lobed ; calyx-lobes very short ; styles 5 ; fruit very small, red. — River-banks, Florida to North Carolina, and west to Mississippi. April. — A small tree. Corymbs sometimes slightly pubescent. Stipules lunate on the young branches. ROSACES. (ROSE FAMILY.) 127 2. C. apiifolia, Michx. Young branches, leaves, and corymbs whitened with soft hairs ; leaves small, deltoid, pinnately 5 - 7-lobed, sharply toothed, nearly smooth when old, truncate or cordate at the base ; styles 1-3, filiform ; fruit globular, red. — River swamps, Florida to North Carolina, and westward. March and April. — A small tree. Leaves £'- 1' long. 3. C. cor data, Ait. Young branches, leaves, and corymbs softly pubes- cent, soon smoothish ; leaves large, deltoid-ovate, truncate or cordate at the base, long-petioled, 3 - 5-lobed and serrate ; spines slender ; fruit globose, red. — River-banks in the upper districts, Georgia, and northward. May and June. — A small tree. Leaves 1 ' - 3' long. Styles 5. 4. C. arborescens, Ell. Smooth; leaves thin, oval or elliptical, acuto at both ends, finely serrate, sometimes obscurely toothed near the apex, on slen- der nearly glandless petioles ; corymbs very numerous ; styles 5 ; fruit ovoid, red. — Banks of rivers, Georgia and Florida, west to Mississippi. March and April. — A small tree, with ash-colored branches. Spines stout or wanting. Leaves l'-2' long, entire at the base, sometimes hairy in the axils of the veins beneath. •- - Fruit large (^' - f ' long) ; leaves, $-c. mostly glandular. 5. C. Crus-galli, L. Leaves thick, oblong-obovate, smooth, shining above, finely serrate from near the glandless base ; those on the young branches some- times slightly lobed ; spines long and stout, or sometimes wanting ; corymbs smooth or nearly so ; styles 1 - 3 ; fruit pear-shaped or globose, red. — Woods, Florida to Mississippi, and northward. April and May. — A shrub or small tree. 6. C. COCCinea, L. Smooth ; leaves thin, roundish-ovate, with 3-5 short and sharply serrate lobes on each side, abruptly narrowed into the slender petiole, strongly straight-veined ; those on the young branches often truncate or slightly cordate at the base, and more strongly lobed ; spines stout ; styles 3 - 5 ; fruit large, globose or pear-shaped, bright red. (C. viridis, L. C. populifolia, Ell.) — Open dry woods, Florida to Mississippi, and northward. April and May. — A shrub or small tree. Leaves 1' - 2' long, bright green. 7. C. tomentosa, L. Leaves large (3' - 5' long), broadly ovate or oval, finely serrate, and slightly lobed above the middle, abruptly narrowed into a short margined petiole, pubescent, especially beneath, the veins straight and impressed ; corymbs large, tomentose ; styles 1 - 3 ; fruit pear-shaped, or- ange-red. Var. punctata, Gray. (C. punctata, Jacq.) Leaves smaller and smoother, more strongly furrowed by the impressed veins, and more tapering at the base ; fruit globose, dull red, dotted with white. — Woods and swampy thickets in the upper districts, Georgia and Alabama, and northward. May. — A shrub or small tree. Flowers and fruit large. * Corymbs simple, 1 - 6-jlowered. 8. C. sestivalis, Torr. & Gray. Glandless ; leaves rigid, pubescent, be- coming smooth above, and rusty-pubescent on the veins beneath, cuneate- obovate, crenate above the middle, tapering into a short petiole ; corymbs 128 ROSACES. (ROSE FAMILY.) smooth, 3-5-flowered; styles 4-5; fruit large, globose, red. — Varies (C. lu- cida, Ell.) with smaller (!'), thinner, and smooth leaves, which are glossy above. — Margins of pine-barren ponds, Florida to South Carolina, and westward. March and April. — A small tree. Leaves 2' - 3' long. Fruit juicy, edible. 9. C. flava, Ait. Glandular ; leaves cuneate-obovate, serrate and slightly lobed near the apex, smooth, tapering into a short petiole ; corymbs smooth, 1 - 4-flowered ; styles 4 - 5 ; flowers and pear-shaped fruit large. — Shady sandy places, Florida to North Carolina, and westward. May. — Tree 15°- 20° high. Leaves 2' -3' long. Fruit greenish-yellow. 10. C. glandulosa, Michx. Branchlets, leaves, and corymbs whitened with soft hairs ; leaves opaque, cuneate, entire or glandular-serrate, tapering into a slender petiole, becoming smoothish ; those on the young branches often spar- ingly lobed ; corymbs 3 - 6-flowered, unilateral ; styles 5 ; fruit small, globose, red. (C. elliptica, Ait.) — Dry pine barrens, Florida to South Carolina, and westward. April. — A small tree, with coarse bark, and long recurved branches. Leaves 1' long. Fruit 3" - 4" long. 11. C. parvifolia, Ait. Leaves obovate, scarcely petioled, serrate, the lower surface, like the branchlets and calyx, pubescent ; spines numerous, long and slender ; flowers mostly solitary ; calyx-lobes large, serrate ; styles 5 ; fruit large, globose or pear-shaped, somewhat hairy. — Sandy soil, Florida to Missis- sippi, and northward. April and May. — A much branched shrub, 3° - 5° high. Leaves 1' long. 16. PYRUS, L. PEAR. APPLE. Calyx urn-shaped, 5-cleft. Petals 5. Stamens numerous. Styles 2 -5. Fruit fleshy or baccate, containing 2-5 cartilaginous, 2-seeded carpels. — Trees or shrubs. Flowers cymose or corymbose. * Leaves simple, glandular : fruit depressed at the base. 1. P. coronaria, L. Leaves on long and slender petioles, ovate, round- ed, or slightly cordate at the base, angled or lobed, serrate, smooth ; corymbs simple, few-flowered ; flowers rose-color, very fragrant ; styles woolly and united at the base. — Eich soil in the upper districts, Mississippi to North Carolina, and northward. April . — A small tree. Leaves 2' - 3' long. 2. P. angustifolia, Ait. Leaves lanceolate or oblong, acute at the base, serrate, short-petioled ; corymbs simple, few-flowered ; flowers rose-color, very fragrant ; styles smooth, distinct. — Open woods, Florida to Mississippi, and northward. April. — A small tree. Fruit very sour. * * Leaves simple, the midrib glandular above : fruit baccate, globose. 3. P. arbutifolia, L. Leaves oval-oblong or somewhat obovate, abruptly acute or mucronate, smooth above, except the midrib, finely serrate ; styles vil- lous at the base. Var. erythrocarpa. Stem tall (5° -10°); branchlets, cymes, and lower surface of the large (2' -4') leaves tomentose and hoary ; petals and anthers red- dish ; berries red. (Aronia arbutifolia, Ell.) CALYCANTHACE.E. (CAROLINA-ALLSPICE FAMILY.) 129 Var. melanocarpa. Stem low (2°- 4°) ; branchlets, cymes, and leaves smooth or nearly so ; leaves small ; petals white ; berries black. (Aronia me- lanocarpa, Ell.} — Swamps, Florida to Mississippi, and northward. March and April. * * * Leaves unequally pinnate : cymes compound : fruit Ixiccate. 4. P. Americana, DC. Leaflets 13-15, lanceolate, acuminate, serrate above the middle, soon smooth ; cymes large, dense ; berry small, globose or pear-shaped, scarlet. (Sorbus microcarpa, Pursh.) — Highest mountains of North Carolina. May and June. — A shrub or small tree. Fruit acid. 17. AMELANCHIER, Medic. Calyx 5-cleft. Petals 5, oblong. Stamens numerous, short. Styles 5, more or less united. Fruit baccate, containing 3-5 cartilaginous 2-seeded carpels ; seeds separated by a false partition. — Shrubs or small trees, with simple leaves, and white flowers in terminal racemes. 1. A. Canadensis, L, var. Botryapium, Torr. & Gray. Branches, leaves, and racemes tomentose when young, soon smooth ; leaves elliptical, ab- ruptly acute, finely and sharply serrate, often slightly cordate ; racemes slender, appearing before the leaves ; petals four times as long as the calyx ; fruit glo- bose, purplish. (Aronia Botryapium, Ell. ) — Woods, Florida to Mississippi, and northward. February and March. — A small tree, with smooth whitish bark. Var. rotundifolia, Torr. & Gray. Shrubby ; leaves roundish-oval, some- what acuminate, sharply serrate; racemes 6-10-flowcred ; petals small, nar- rowly oblong. (Aronia ovalis, Ell.) — Low grounds, chiefly in the upper dis- tricts, Georgia and northward. March. — Shrub 2° - 3° high. The cultivated representatives of this order are the PLUM (PRUNUS DOMES- TICUS, L.), APRICOT (P. ARMENIACA, L.), CHERRIES (P. AVIUM and P. CE- RASUS, Z/.), PEACH (PERSICA VULGARIS, Mill.}, APPLE (PYRUS MALUS, L.), PEAR (P. COMMUNIS, L.), QUINCE (CYDONIA VULGARIS, Pers.), and the ALMOND (AMYGDALUS). ORDER 49. CALYCANTHACE^E. (CAROLINA-ALLSPICE FAMILY.) Shrubs, with opposite and entire leaves, without stipules or pellucid dots. — Sepals and petals numerous and alike, united below into an ob- conical fleshy cup, imbricated in the bud. Stamens numerous, short, inserted within the petals, the inner ones often sterile. Anthers adnatc, extrorse. Ovaries several, enclosed in the calyx-tube, and inserted on its inner face, becoming 1-seeded achenia in fruit. Seeds anatropous, without albumen. Cotyledons convolute. 130 MYRTACE.E. (MYRTLE FAMILY.) l 1. CALYCANTHUS, L. SWEET-SCENTED SHRUB. Calyx -tube closed, leafy-bracted ; the lobes and petals in several rows, lanceo- late, somewhat fleshy. Stamens deciduous. Mature fruit dry, pear-shaped, enclosing the large achenia. — Aromatic shrubs, with opposite or forking branch- es, short-petioled deciduous leaves, and large brownish-purple terminal flowers. 1. C. floridus, L. Branchlets, petioles, and peduncles hoary-pubescent; leaves oval or oblong, mostly acute or acuminate, very rough on the upper surface, tomentose and hoary beneath ; sepals and petals linear-lanceolate, acute. — Banks of streams in the upper districts, North Carolina to Mississippi. April. — Shrub 4° -8° high. Leaves 2' -3' long. Flowers 1' in diameter, very fra- grant. 2. C. laevigatus, Willd. Branchlets, petioles, and peduncles pubescent or smoothish ; leaves oblong or elliptical, mostly acute or acuminate, rough on the upper surface, paler and nearly smooth beneath ; sepals and petals linear- lanceolate, acute. (C. inodorus, Ell, leaves very rough above, but shining ; flowers inodorous.) — Banks of streams, chiefly in the low country, Florida, Georgia, and westward. March and April. — Shrub 4° - 8° high. Leaves 2' - 3' long. Flowers 1^' in diameter. 3. C. glauc US, Willd. Branchlets, petioles, and peduncles smooth ; leaves large, ovate or ovate-lanceolate, acuminate, green and roughish on the upper surface, smooth and glaucous beneath ; flowers large, the sepals and petals lan- ceolate, and abruptly sharp-pointed. — Low shady woods along the mountains of Georgia and North Carolina. May and June. — Shrub 6° - 8° high. Leaves rather rigid, 4' -7' long. Flowers lj'-2' in diameter. The POMEGRANATE (PUNICA GRANATUM, L.) belongs to the allied order GRANATE^E. ORDER 50. MYRTACE^E. (MYRTLE FAMILY.) Trees or shrubs. Leaves opposite, simple, entire, dotted and commonly with an intra-marginal vein. Stipules none. — Calyx 4 - 6-cleft, valvate in the bud, the tube adherent to the compound ovary. Petals 4-6, inserted with the numerous stamens on the throat of the calyx, sometimes wanting. Filaments long, free, or variously combined. Anthers introrse, roundish, longitudinally dehiscent. Style solitary. Seeds without albu- men, fixed to a central placenta. 1. EUGENIA, Micheli. ALLSPICE. Calyx-tube roundish, the limb 4-cleft. Petals 4. Stamens distinct. Ovary 2 - 3-celled, with several ovules in each cell. Fruit baccate, roundish, 1 - 2-celled, 1-2-seeded. Cotyledons thick and united. Eadicle very short. — Flowers white, axillary, solitary, cymose, or clustered, 2-bracted. MELASTOMACE^E. (MELASTOMA FAMILY.) 131 * Flowers in axillary cymes* 1. E. dichotoma, DC. Leaves oblong-obovate, obtuse or cmarginatc, rigid, and, like the branches, roughened with appressed hairs, at length smooth- ish, the margins revolute ; peduncles twice as long as the leaves, 3 - 7-flowered, the central flowers sessile ; calyx-tube obconical, 2-bracted, downy and hoary, the lobes roundish, spreading ; petals orbicular, ciliate ; stamens numerous. — South Florida. — A small tree. Leaves 1' long. Branches compressed. * * Flowers solitary or umbellate. 2. E. procera, Poir. Smooth; leaves ovate, tapering but obtuse at the apex, abruptly contracted at the base into a short petiole ; peduncles solitary or 2-4 together, filiform, not half the length of the leaves, 1 -flowered; calyx-tube hemispherical ; petals orbicular, ciliate ; berry globose, 1 -seeded. — South Flor- ida. May. — A small tree. Leaves 1^'- 2' long. Flowers conspicuous, white and fragrant. Berry as large as a grain of pepper. * * * Flowers minute, in very short cluster-like racemes. 3. E. monticola, DC. Smooth; leaves coriaceous, ovate-oblong, some- what tapering towards the apex, but obtuse or emarginate, contracted at the base into a distinct petiole ; racemes clustered, several-flowered, shorter than the peti- ole ; stamens numerous ; berry globose. — South Florida. — Shrub 4° - 6° high. Branches compressed. Leaves 2' long. Flowers white. Berries abundant, as large as a grain of pepper, black. 4. E. buxifolia, Willd. ? Leaves smooth, coriaceous, obovate-oblong, rounded at the apex, short-petioled ; racemes single or clustered, few-flowered, about as long as the petiole ; flowers minute ; stamens few (9 - 12) or numerous ; berry 1 - 3-seeded. — South Florida. — Varies much in the size of the leaves and berries, length of the petiole, and number of stamens, and probably includes two or more species. 2. CALYPTBANTHES, Swartz. Calyx-tube obovate; the limb entire, opening across like a lid, deciduous. Petals none. Stamens numerous. Ovary 2 - 3-celled, with 2 ovules in each cell. Berry 1-celled, 1-4-seeded. Seeds roundish: testa smooth. Embryo curved ; the long and slender radicle coiled around the distinct unequal folded and contorted cotyledons. — Shrubs or trees. Peduncles axillary, many-flow- ered. 1. C. Chytraculia, Swartz. Leaves ovate and ovate-lanceolate, acumi- nate but obtuse, pubescent, becoming smooth above ; peduncles longer than the leaves, cymose-panicled, tomentose; flowers minute; berry dry, globose, 1-2- seeded. — South Florida. — A small tree. ORDER 51. MELASTOMACE^E. (MELASTOMA FAMILY.) Herbs, shrubs, or trees, with opposite 3 - 9-ribbed leaves, without dots or stipules, and showy flowers. — Calyx urn-shaped, 4 - 6-lobed, persistent, 132 HELASTOMACE^. (MELASTOMA FAMILY.) cohering with the ovary below, or with its angles. Petals 4-6, twisted in the bud, inserted with the 4-12 stamens on the throat of the calyx. An- thers adnate, often appendaged, usually opening by terminal pores. Ovary 3 - 6-celled. Ovules numerous, attached to the central placentae. Style solitary. Fruit baccate and indehiscent, or capsular and loculicidally de- hiscent. Seeds anatropous, without albumen. 1. BHEXIA, L. DEER-GRASS. Calyx-tube prolonged and narrowed above the ovary, 4-cleft. Petals 4, round- ish, deciduous. Stamens 8. Anthers 1-celled, opening by a terminal pore. Capsule 4-celled, many-seeded. — Perennial herbs. Leaves 3 - 5-ribbed. Flow- ers cymose, terminal. * Anthers long, linear, curving upward, saccate at the base, and commonly furnished, with a bristle-like appendage at the insertion of the filaments : flowers purple or whitish. 1. B. Mariana, L. Bristly; stem branched, terete or 6-angled ; leaves lanceolate, acute, short-petioled, bristly serrate ; calyx mostly smooth, cylindri- cal in flower, the neck in fruit as long as the globose capsular portion ; flowers purple. — Varies with narrower, often linear leaves, and smaller whitish flowers. (R. lanceolata, Walt.) — Swamps, Florida to Mississippi, and northward. July -Sept. — Stem l°-2° high. Leaves 3-ribbed. Flowers l£'~2' wide, hairy externally. 2. B. "Virginica, L. Bristly ; stem 4-angled, nearly simple ; leaves ovate and ovate-lanceolate, barely acute, sessile, bristly serrate, the lowest rounded ; neck of the bristly fruiting calyx shorter than the capsular portion ; the lobes ovate, acuminate. — Swamps, chiefly in the upper districts, Mississippi, and northward. July and August. — Stem 6' -12' high. Leaves 3 -5-ribbed. Flowers purple. 3. B. Stricta, Pursh. Stem tall, smooth, 4-winged, bearded at the joints ; leaves lanceolate and ovate-lanceolate, acute or acuminate, 5-ribbed, bristly ser- rate, sessile ; cyme compound ; calyx smooth, urn-shaped, the lobes lanceolate. — Margins of ponds in the pine barrens. Florida, Georgia, and westward. July and August. — Stem 2° -4° high. Leaves rugose, the lateral ribs obscure. Flowers purple. 4. B. glabella, Michx. Stem terete, smooth, mostly simple; leaves lanceolate, sessile, entire or slightly serrulate, thick, smooth and glaucous ; calyx smooth or bristly ; flowers large, bright purple. — Low pine barrens, Florida to North Carolina, and west to Mississippi. June - August. — Eoot spongy. Stem 2° -3° high. Leaves sweetish. * * Anthers short, oblong, erect, not appendaged : neck of the calyx short. •«- Flowers purple : leaves small, ovate or roundish, bristly serrulate. 5. B. ciliosa, Michx. Stem simple, smooth, 4-angled above ; leaves bristly on the upper surface, 3-ribbed ; cyme few-flowered, leafy; calyx smooth.— Bogs in the pine barrens, Florida to Mississippi, and northward. July and LYTHRACEJE. (LOOSESTRIFE FAMILY.) 133 August. Stem l°-l£° high. Leaves rarely 1' long. Flowers !'-!£' in diameter. 6. R. serrulata, Nutt. Low; stem simple, 4-anglcd, smooth; leaves smooth above ; calyx glandular-bristly ; cyme leafy, 1 - 6-flowcred. — Open flat pine barrens, near the coast, Florida, Georgia, and westward. July and August. — Stem 2' -G' high. Leaves and flowers smaller than in the preceding. -t- -»- Flowers yellow. 7. R. lutea, Walt. Stem at length much branched, 4-angled, bristly; leaves smoothish, bristly serrulate, the lower ones obovate and obtuse, the upper lanceolate and acute ; cymes numerous ; calyx short and smooth ; flowers small. — Pine-barren swamps, Florida to North Carolina, and westward. July and August. — Stem 1° high. Petals more persistent than those of the other species. ORDER 52. I/STTHRACE^E. (LOOSESTRIFE FAMILY.) Chiefly herbs, with opposite or whorled and entire leaves, -without stip- ules. Flowers mostly axillary. — Calyx tubular, persistent, 4 - 7-toothed, free from the 2 - 4-celled ovary. Petals as many as the teeth of the calyx and inserted into its throat, deciduous, sometimes wanting. Stamens as many as the petals, or 2-4 times as many, inserted below the petals. Anthers short, introrse. Style solitary. Capsule enclosed in the calyx, 1 - 4-celled, few or many-seeded. Placentae central. Seeds anatropou?, without albumen. — Sinuses of the calyx often appcndaged. Stigma capi- tate, or rarely 2-lobed. Synopsis. * Calyx regular. 1. HYPOBRYCHIA. Calyx hemispherical. Petals none. Stigma 2-lobed. Capsule 2-celled 2. AMMANNIA. Calyx campanulate. Stigma capitate. Capsule 4-celled. 3. LYTHRUM. Calyx cylindrical, striate. Capsule oblong, 2-celled. 4. NES^A. Calyx short, even. Capsule globose, 3 - 6-celled. Stamens 10. * * Calyx gibbous at the base. 5. CUPHEA. Calyx tubular, 12-ribbed. Stamens mostly 12. Capsule early ruptured. 1. HYPOBBYCHIA, M. A. Curtis. Calyx hemispherical or campanulate, 4-lobed. Petals none. Stamens 2-4. Style very short : stigma 2-lobed. Capsule globose, 2-celled. — A submerged aquatic herb, with long filiform stems, opposite crowded pellucid linear leaves, and minute sessile axillary flowers. 1. H. Nuttallii, Torr. & Gray. — Ponds and still water, West Florida to North Carolina, and westward. June -Aug. — Stems 1°- 2° long. Leaves 1' long, acute. Flowers not larger than a pin's head. 12 134 LTTHRACE^E. (LOOSESTRIFE FAMILY.) 2. AMMANNIA, Houston. Calyx globular or campanulate, 4-angled, 4-toothed, the sinuses commonly furnished with a small horn-shaped appendage. Petals 4, small, deciduous, sometimes wanting. Stamens 4, short. Stigma capitate. Capsule globular, 4-celled, many-seeded. — Low smooth annual herbs, with opposite leaves, and solitary or clustered axillary flowers. 1. A. humilis, Michx. Stem branching from the base ; leaves lanceolate, tapering into a petiole ; flowers solitary ; style very short ; petals 4, purplish. — Varies with the leaves dilated and somewhat cordate at the base, and the lower flowers clustered. (A. ramosior, MicJix.) — Ditches and muddy places, Florida to Mississippi, and northward. August and September. — Stem 6' - 12' high. 2. A. occidentalis, DC. Stem nearly simple, ascending, rooting at the base ; leaves lanceolate, narrowed into a petiole ; flowers solitary, apetalous ; calyx 8-toothed. Var. pygmsea. Stem very short (£'-!' long); sinuses of the calyx ap- pendaged, emarginate, as long as the teeth ; style short. — Key West, Dr. Blodgett. — Leaves obtuse. Stem 1 T 6-flowered. 3. LYTHRUM, L. LOOSESTRIFE. Calyx cylindrical, striate, 4 - 7-toothed, usually with minute appendages in the sinuses. Petals 4-7. Stamens as many as the petals, or twice as many, in- serted on the lower part of the calyx, nearly equal. Capsule oblong, 2-celled, many-seeded. — Herbs, with opposite or alternate leaves, and axillary purple or whitish flowers. 1. L. alatum, Pursh. Smooth; stem and virgate branches 4-angled; leaves lanceolate, acute at both ends, opposite, the uppermost alternate, and shorter than the flowers ; petals and stamens 6. — Varies with branches shorter, leaves larger (2' long), broadly lanceolate, sometimes whorled, the uppermost twice as long as the calyx. (L. lanceolatum, Ell.) — Swamps and river-banks, Florida and northward. July - September. — Stem 2° - 4° high. Flowers violet-purple. 2. L. lineare, L. Smooth ; stem 4-angled, much branched ; leaves all opposite, linear ; flowers small, whitish ; petals and stamens 6. — Brackish marshes, Florida and northward. August. — Stem 2° - 4° high. Calyx-teeth short. 4. NES^A, Commerson. Calyx hemispherical or campanulate, with 4-7 erect teeth, and as many longer and spreading horn-like appendages in the sinuses. Petals 4-7. Stamens twice as many as the petals. Capsule globose, 3 - 4-celled. — Perennial herbs or shrubby plants, with opposite or whorled leaves, and clustered pedicelled flowers in their axils. 1. N. verticillata, H.B.K. Shrubby; stems pubescent, recurved; leaves opposite and whorled, lanceolate, tomentose beneath ; peduncles short, 3 or RHIZOPHORACE^E. (MANGROVE FAMILY.) 135 several-flowered ; petals 5, showy ; stamens 10, the alternate ones shorter. (Decodon verticillatum, Ell.) — Marshes and margins of ponds, Florida and northward. August. — Stems 3° - 4° long. Flowers purple. 5. CUPHEA, Jacq. Calyx tubular, 12-ribbed, gibbous or spurred at the base on the upper side, 6-toothed, and usually with as many little appendages in the sinuses. Petals 6, unequal. Stamens 11-12, unequal. Ovary with a gland at the base next the spur of the calyx. Style filiform. Stigma 2-lobed. Capsule 1 - 2-celled, few- seeded. — Chiefly herbs, with branching stems and purplish flowers. 1. C. viscosissima, Jacq. Annual, clammy-pubescent; leaves thin, op- posite, ovate-lanceolate, long-petioled, rough ; flowers nearly sessile, borne be- tween the petioles, solitary ; petals violet-purple ; stamens 12. — Upper districts of Georgia, and northward. August. — Stem 1° high. * 2. C. aspera, n. sp. Perennial; muricate-hispid and clammy; leaves 3 -4 in a whorl, lanceolate, nearly sessile ; peduncles longer than the leaves, borne between the petioles (whorled) ; petals white or pale-purple; stamens 11. — Low pine barrens, St. Joseph's, Florida. Stem 1° - 1£° high. Leaves 1' long, rigid. Boot bearing small tubers. The CRAPE MYRTLE (LAGERSTRCEMIA INDICA, L.), originally from Eastern Asia, is common in cultivation. ORDER 53. RHIZOPHORACE-^. (MANGROVE FAMILY.) Trees or shrubs, growing in maritime swamps, with opposite, entire, co- riaceous leaves, and deciduous stipules between the petioles. — Calyx united with the ovary, 4 - 1 2-lobed, valvate or lid-like in the bud. Petals as many as the calyx-lobes and alternate with them. Stamens twice or several times as many as the petals, and inserted with them on the calyx. Ovary 2-celled with the cells 2-ovuled, or 1-celled and several-ovuled. Ovules pendulous. Fruit 1-celled, indehiscent. Albumen none. Radicle elongated. 1. RHIZOPHOBA, L. MANGROVE. Calyx-tube obovate, the limb 4-lobed, persistent. Petals 4, oblong, emargi- nate, enfolding the alternate stamens in the bud, woolly on the margins. Sta- mens 8. Anthers linear-oblong. Ovary 2-celled. Fruit encircled above the base by the persistent calyx-lobes, at length perforated at the apex by the radicle of the germinating embryo. — Flowers axillary, showy. 1. H. Mangle, L. Leaves obovate-oblong ; peduncles 2 - 3-flowered ; ger- minating embryo clavate ; flowers pale yellow. — Shallow muddy shores, South Florida, forming dense low thickets. 136 COMBRETACEJE. (COMBRETUM FAMILY.) ORDER 54. COMBRETACE.7E. (COMBRETUM FAMILY.) Tropical trees or shrubs, with entire exstipulate leaves, and axillary spiked or capitate flowers. — Calyx-tube coherent with the 1-celled, 2-5- ovuled ovary ; the limb 4 - 5-cleft, mostly deciduous. Petals 4-5, often wanting. Stamens 4-15, inserted with the petals on the calyx. Style slender : stigma simple. Fruit drupaceous or baccate, or dry and indehis- cent, often winged. Seed solitary, suspended, anatropous, without albu- men. Cotyledons convolute or variously folded. 1. LAGUNCITLARIA, Gort. Flowers in spikes. Calyx-tube obconical, the limb 5-parted, obtuse, persist- ent. Petals 5, minute. Stamens 10. Style subulate; stigma capitate. Ovary 1-celled, 2-ovuled. Drupe coriaceous, cuneate-obovate, compressed, angled, 1-seeded. Seeds germinating in the drupe. Cotyledons convolute. Kadicle elongated. — Maritime shrubs, with opposite elliptical smooth and fleshy leaves, on biglandular petioles, and small flowers, in simple or compound axillary and terminal spikes. 1. L. racemosa, Gsert. Spikes erect, rigid, hoary-tomentose, the lateral ones solitaiy, the terminal ones in threes, simple or branched ; flowers scattered ; calyx-tube obconical, furrowed, wing-angled in fruit. — South Florida. June to Aug. — A shrub or small tree, with the habit of the Mangrove. 2. L. glabriflora, Presl. Spikes spreading, slender, smooth, the lateral ones in pairs, the terminal ones in threes or fours ; flowers minute, crowded, deciduous ; calyx-tube cup-shaped, terete, even, with two opposite bractlets ap- pressed to sides. — Banks of the Manitee River, South Florida, Rugel. June. — Perhaps a sterile form of the preceding. 2. CONOCABPUS, Gaert. Flowers densely crowded in a globular head. Calyx-tube about as long as the compressed 2-ovuled ovary ; the limb 5-cleft, deciduous. Petals none. Sta- mens 5-10, exserted. Anthers cordate. Fruit coriaceous, scale-like, closely imbricated and indehiscent. Cotyledons convolute. — Trees or shrubs, with alternate entire and somewhat fleshy leaves. Heads of flowers spiked or panicled. 1. C. erecta, Jacq. Branchlets angular, smooth; leaves smooth, oblong or lanceolate, acute or acuminate, narrowed into a biglandular petiole ; heads of flowers sessile, or on short and spreading pedicels ; cone of fruit ovoid. — Var. SERICEA, DC. Branches, leaves, and panicles silky and hoary; lowest leaves mostly obovate and obtuse or emarginate ; ovary abortive. — Sandy sea-shore, Tampa Bay, Florida, and southward. January and February. — A shrub or small tree. Leaves 2' - 4' long. Heads of fruit 3" - 6" long. Flowers greenish, minute. ONAGRACE^. (EVENING-PRIMROSE FAMILY.) 137 3. TERMINALLY, L. Flowers in spikes, often polygamous. Limb of the calyx deciduous, bell- shaped, 5-cleft, with the lobes acute. Petals none. Stamens 10, in 2 rows, longer than the calyx. Ovary 2-3-ovuled. Style filiform. Drupe dry and indehiscent, 1-seeded. Seed almond-like. Cotyledons spirally convolute. — Trees or shrubs, with mostly alternate leaves, which are crowded at the summit of the branches. 1. T. Catappa, L. Leaves short-petioled, softly pubescent when young, at length smoothish, obovate, wedge-shaped but truncated or slightly cordate at the base, with a depressed gland on each side of the midrib near the base ; spikes very slender, shorter than the leaves, the upper flowers sterile ; drupe ovate, acute, compressed, with the margins somewhat winged. — South Florida. — A large tree. Leaves 4' - 8' long. Flowers minute, pale green. ORDER 55. ONAGRACEJE. (EVENING-PRIMROSE FAMILY.) Calyx adherent to the ovary, and often produced into a tube beyond it, 2-6-lobed, valvate in the bud. Petals as many as the lobes of the calyx, inserted into its throat, convolute in the bud, sometimes wanting. Stamens as many or twice as many, inserted with the petals. Ovary 2 - 4-celled. Placenta central. Style solitary: stigma capitate or 2-4-lobed. Cap- sule loculicidally dehiscent or indehiscent. Seeds anatropous, with little or no albumen. — Chiefly herbs. SUBORDER I. ONAGRACEJE. Styles slender. Fruit 4-valved (indehiscent in Gaura). Seeds attached to a central placenta, without albumen. * Calyx-tube produced beyond the ovary. 1. GAURA. Capsule nut-like, indehiscent, 1-4-seeded. 2. (ENOTHERA. Capsule 4-valved, many-seeded. * * Calyx-tube not produced beyond the ovary. 3. EPILOBIUM. Stamens 8. Petals 4. Seeds comose. 4. JUSSLEA. Stamens 8 -12. Petals 4 -6. Capsule long. Seeds naked. 6. LUDW1GIA. Stamens 4. Petals 4, or none. Capsule short, many-seeded. 6. CIBC^IA. Stamens 2. Capsule obovate, 1-2-seeded. SUBORDER II. HALORAGE.ZE. Styles very short or none. Fruit indehiscent. Seeds suspended, solitary in each cell. Albumen thin. — Flowers minute, axillary. 7. PROSERPINACA. Flowers perfect. Stamens 3. Capsule 3-angled. 8. MYRIOPHYLLUM. Flowers monoecious. Stamens 4 -8. Capsule 4-angled. 1. GAURA, L. Calyx-tube much produced beyond the ovary, the limb 3-4-lobed, rcflexed, deciduous. Petals 3-4, clawed, unequal or turned to the upper side. Stamens 12* 138 ONAGRACE^E. (EVENING-PRIMROSE FAMILY.) 6-8. Style declined : stigma 4-lobed. Ovary 3-4-celled. Fruit 3 - 4-angled, mostly 1-celled, 1 -4-seeded. — Herbs with alternate leaves, and white or purple flowers in a long-peduncled raceme or spike. 1. G. biennis, L. Soft-hairy; leaves oblong-lanceolate, acuminate, be- coming smoothish, wavy-denticulate on the margins ; petals spatulate, white ; fruit obtusely 4-angled, acuminate at both ends, sessile. — Dry soil, Georgia to Tennessee, and northward. July and August. (\|) — Stem 3° - 8° high. Spikes compound. j 2. G. angUStifolia, Michx. Stem simple, or sparingly branched, closely pubescent ; leaves lanceolate, acute, coarsely-toothed, often blotched with purple ; the uppermost linear and nearly entire ; fruit nearly sessile, acute at both ends, sharply 3 -4-angled. — Dry old fields and sandy places near the coast, Florida to North Carolina, and westward. June - August. (2) — Stem 2° - 3° high. Flowers white. 3. G. filipes, Spach. Pubescent and somewhat hoary, becoming smooth- ish ; stem slender, paniculately branched ; leaves linear, toothed, wavy ; fruit ovoid, obtuse, sharply 4-angled, on slender pedicels. — Dry pine barrens, Florida to South Carolina, and westward. July - Sept. (f) ? — Stem 2° - 3° high, very leafy. 2. CENOTHEBA, L. EVENING-PRIMROSE. Calyx-tube produced beyond the ovary ; the limb 4-lobed, reflexed and decid- uous. Petals 4. Stamens 8. Stigma 4-lobed. Capsule 4-valved, many-seeded. — Herbs, with alternate leaves, and axillary or racemose chiefly yellow flow- ers. Pollen-grains triangular, connected by cobwebby hairs. * Capsule cylindrical, sessile: flowers expanding at night : annuals or biennials. 1. CE. biennis, L. Hairy, hirsute, or smoothish ; stem tall, often simple ; leaves lanceolate and ovate-lanceolate, acute, wavy and toothed or serrate on the margins ; the earliest ones sometimes pinnatifid ; spikes leafy, at length elon- gated ; calyx-tube longer than the lobes ; flowers large. (CE. muricata, Pursh. CE. grandiflora, Ait.} — Fields and waste places, everywhere. June -Sept. — Stem 2° - 4° high. Varies greatly in pubescence and size of the flower. 2. CE. sinuata, L. Hairy or downy ; stems ascending or diffuse; leaves oblong, pinnately lobed, the lowest pinnatifid ; flowers small, axillary ; calyx and capsule hairy. Passes through several intermediate forms into Var. HUMI- FITSDM, Torr. & Gray. Stems prostrate, hoary ; leaves small, lanceolate, spar- ingly toothed or entire. — Fields and waste places, common ; the variety in drifting sand along the coast. May - Sept. — Stems 2' - 2° high. * * Capsule obovate or clavate, furrowed, and more or less pedunckd : flowers ex- panding in sunshine. 3. CE. glauca, Machx. Smooth and somewhat glaucous ; leaves sessile, oblong-ovate, wavy-denticulate, acute ; racemes few-flowered, leafy ; flowers large ; capsule ovoid-oblong, 4-winged, tapering into a short pedicel. (CE. Fraseri, Pursh.) — Mountains of Georgia, North Carolina, and Tennessee. May ONAGRACE.:. (EVENING-PRIMROSE FAMILY.) 139 -July. Ij. — Stem branching, 2° -3° high. Leaves 2' -3' long. Flowers 2 ' in diameter. 4. CE. riparia, Nutt. Stem slightly pubescent, very leafy ; leaves linear- lanceolate, remotely denticulate, narrowed into a short petiole ; raceme short, leafy at the base, elongated in fruit ; flowers large ; capsule oblong-clavate, dis- tinctly pedicellcd, slightly 4-winged, with 4 strong intermediate ribs. — Swamps and river-banks, Florida and northward. June and July. (2) — Stem 2° - 3° high. Leaves 2' - 4' long, pubescent on the midrib and margins. Flowers 2' in diameter. 5. (E. frilticosa, L. Hairy or smoothish ; stem mostly simple ; leaves lanceolate, commonly wavy and remotely denticulate on the margins ; raceme at first corymb-like, at length elongated ; flowers large ; capsule 4-winged, with in- termediate ribs, oblong-clavate, longer than the pedicel. — Fields, Mississippi to North Carolina, and northward. June -Sept. ty— Stem l°-2° high. Flow- ers 1' - 2' in diameter. 6. CE. linearis, Michx. Stem slender, smooth below, pubescent above ; the young branches hoary ; lowest leaves obovate ; the others linear-lanceolate, entire or sparingly denticulate ; raceme short, many-flowered, leafy ; capsule ob- ovate, 4-winged, with conspicuous intermediate ribs, mostly shorter than the pedicel. — Dry light soil, Florida to Mississippi, and northward. April - June. — Stem 1° - 1 £° high. Flowers 1' in diameter. 7. CE. pumila, L. Low, smoothish; leaves lanceolate, obtuse; raceme leafy ; flowers small ; capsule oblong-obovate, 4-wing-angled, nearly sessile. — Mountains of Georgia and Carolina, and occasionally also around dwellings in the low country, from seeds introduced in Northern hay. June. — Stem 6'- 12' high. Flowers £' in diameter. 8. CE. linifolia, Nutt. Low, smoothish ; stem at length much branched ; leaves very numerous, linear-filiform, the lowest spatulate ; raceme pubescent, few-flowered ; bracts shorter than the ovary ; flowers small ; lobes of the stigma coherent into a globular head ; capsule obovate, 4-angled, nearly sessile. — Gravelly hills, near Scott's mill, Warren County, Georgia, and westward. June. — Stem 6' - 12' high. Flowers 4" - 5" in diameter. 3. EPILOBIUM, L. WILLOW-HERB. Calyx-tube not prolonged beyond the ovary; the limb 4-cleft, deciduous. Petals 4. Stamens 8. Capsule elongated, many-seeded. Seeds with a tuft of long hairs at the apex. — Perennials, with alternate and opposite denticulate leaves, and chiefly white or purple flowers. 1. E. angustifolium, L. Stem tall, simple, smoothish ; leaves alternate, lanceolate, entire or wavy on the margins, paler beneath ; racemes elongated, bracted ; flowers showy ; petals obovate, purple ; stigma 4-lobed ; capsule and calyx hoary-tomentose. (E. spicatum, Lam.) — Mountains of North Carolina and northward. July. — Stem 3° - 6° high. 140 ONAGRACEJE. (EVENING-PRIMROSE FAMILY.) 2. E. COloratum, Muhl. Stem smoothish, much branched ; leaves mostly- opposite, lanceolate or ovate-lanceolate, denticulate ; raceme leafy ; flowers small, reddish; petals 2-cleft ; stigma clavate; capsule downy. (E. tetragonum, Ph., Ell.) — Swamps in the upper districts, Mississippi to North Carolina, and north- ward. August. — Stem 1 ° - 2° high. 3. E. palustre, L., var. lineare, Gray. Stem pubescent, branching above ; leaves linear, slightly denticulate, the lower ones opposite ; raceme leafy ; flowers small, white or rose-color ; stigma clavate ; capsule hoary. — Mountains of North Carolina, and northward. August. — Stem 1° - 2° high. 4. JUSSLEA, L. Calyx-tube long, 4-angled or cylindrical, not prolonged beyond the ovary ; the limb 4-6-lobed, persistent. Petals 4-6. Stamens 8-12. Capsule mostly elongated, 4 - 6-celled, many-seeded, opening irregularly at the sides. — Marsh herbs, with alternate leaves, and axillary yellow flowers. 1. J. leptocarpa, Nutt. Hairy; stem erect, at length much branched; leaves lanceolate, acute ; flowers small ; calyx-lobes mostly 6, as long as the petals ; capsule linear, cylindrical, much longer than the pedicel. — Marshes, Florida, and westward. June -Sept (J)— Stem 2° -5° high. Capsule !£'• long, slightly curved. 2. J. grandiflora, Michx. Hairy ; stem creeping at the base ; leaves lanceolate, acute ; flowers large ; calyx -lobes 5, half as long as the petals ; ovary (rarely maturing) rather shorter than the pedicel. — Marshes, South Carolina, and westward. May -August. 1\|. — Stem 2° - 3° long. Flowers 2' in diam- eter. Capsule cylindrical. 3. J. decurrens, DC. Smooth; stem erect, branched, wing-angled; leaves lanceolate, acute, sessile ; flowers nearly sessile ; calyx-lobes 4, nearly as long as the petals; stamens 8; capsule 4-angled, oblong-clavate. (Ludwigia decurrens, Ell.) — Ditches, &c., Florida to North Carolina, and westward. July - Sept. © — Stem 6' - 3° high. 5. LUDWIGIA, L. SEED-BOX.^ Calyx-tube 4-angled or cylindrical, mostly short, not prolonged beyond the ovary. Petals 4, roundish or obcordate, often wanting. Stamens 4. Style short. Stigma capitate. Capsule variously dehiscent, 4-celled, many-seeded. — Perennial and mostly stoloniferous marsh herbs, with entire leaves, and yellow flowers. Capsule cubical, indehiscent, discharging the seeds through a central pore of the convex disk : calyx-lobes deciduous : petals large : stamens and style slender : leaves alternate : flowers pedicelled. 1. L. alternifolia, L. Smoothish; stem much branched ; leaves lanceo- late, short-petioled, acute ; calyx-lobes spreading, about as long as the petals ; capsule large, wing-angled. (L. macrocarpa, Michx.) — Shady swamps, Florida ONAGRACE^E. (EVENING-PRIMROSE FAMILY.) 141 to Mississippi, and northward. August. — Stem 2° - 3° high. Flowers axillary, or the upper ones somewhat racemed. 2. L. virgata, Michx. Tomentose; stem slender, simple, or branching from the base ; leaves obtuse, sessile, the lowest oblong, the uppermost linear ; flowers in elongated leafy racemes ; petals twice as long as the reflcxed calyx- lobes ; capsule strongly 4-angled. — Low pine barrens, sometimes in rather dry places, Florida to North Carolina, and westward. July and August. — Stem 2° - 3° high. Varies considerably in pubescence, and size of the flowers and capsule. 3. L. hirtella, Raf. Hairy; stem slender, simple or sparingly branched ; leaves short, lanceolate or oblong, obtuse, sessile and rounded at the base ; flow- ers axillary ; petals twice as long as the erect or spreading calyx-lobes ; capsule strongly angled. (L. pilosa, Ell.) — Flat pine barrens, Florida to Mississippi, and northward. August. — Stem 2° - 3° high. * * Valves of the capsule separating from the concave disk, and irregularly from the persistent partitions and placenta : calyx-lobes persistent : petals small or none : sta- mens and style short : stems erect or ascending : leaves alternate : flowers sessile. -i- Petals conspicuous. 4. L. linearis, Walt. Smooth; stem (l°-3° high) virgately much branched ; leaves linear, acute ; flowers small ; capsule clavate-oblong, with 4 rounded angles, 2-3 times as long as the triangular-ovate calyx-lobes. — Ditch- es and ponds, Florida to Mississippi, and northward. July - Sept. — Bark at the base of the stem spongy. 5. L. linifolia, Poir. Smooth; stem low (6' -12'), creeping at the base, branching ; leaves linear or linear-spatulate, often obtuse ; capsule linear-cylin- drical, rather longer than the lanceolate calyx-lobes. — Ditches and swamps in the low country, Florida to North Carolina, and westward. July - Sept. •t— •»— Petals minute or wanting. 6. L. cylindriea, Ell. Smooth ; stem angled above, often much branched ; leaves long, lanceolate, obscurely denticulate, acute, tapering into a petiole; petals none ; capsules axillary, often clustered, cylindrical or obscurely 4-sided, many times longer than the small calyx-lobes. — Swamps, Florida to South Carolina, and westward. July -Sept. — Stem mostly bushy, 2° -3° high. Leaves 3' -4' long. 7. L. pilosa, "Walt. Tomentose ; stem stout, terete, much branched ; leaves sessile, lanceolate or oblong, acute; flowers in dense terminal spikes; petals mostly wanting ; capsule globose - 4-sided, about as long as the spreading calyx- lobes. (L. mollis, Ell.) — Ditches and ponds near the coast, Florida to North Carolina, and westward. July - Sept. — Stem 2° - 3° high, the branches spread- ing. Capsule whitish. ,;. . •,..„' .- 8. L. sphserocarpa, Ell. Smooth or slightly pubescent ; stem slender, angled above, short-branched ; leaves linear-lanceolate, acuminate ; flowers very small, axillary ; petals none ; capsule globose, pubescent, as long as the calyx- lobes. — Margins of ponds, Florida to Mississippi, and northward, not common. July- Sept. — Stem 2° -3° high. Capsule l"-2" long. 142 ONAGRACE^E. (EVENING-PRIMROSE FAMILY.) 9. L. capitata, Michx. Smooth; stem mostly simple, slender, angled above ; leaves long, lanceolate, acute, sessile, the lowest ones broader and ob- tuse ; flowers in a compact oblong or ovate head, the lower ones sometimes scattered ; petals minute, mostly wanting ; capsule obtusely 4-anglcd, somewhat narrower at the base, longer than the calyx -lobes. — Wet pine barrens, Florida to North Carolina. July and August. — Stem 2° - 3° high. 10. L. lanceolata, Ell.? Smooth; stem stout, terete, at length much branched ; leaves lanceolate, sessile ; flowers very numerous, in all the axils, green ; petals none ; capsule cubical, with the sides flat and the angles mar- gined, twice as long as the calyx-lobes; seeds cylindrical. — Ponds and swamps in the pine barrens, Florida and Georgia. July -Sept. — Stem l°-2° high. Flowers small. ' 11. L. alata, Ell. Smooth; stem slender, simple or sparingly branched near the summit, strongly angled ; leaves cuneate-lanceolate, obscurely denticu- late ; flowers few, near the summit of the branches, white ; petals none ; capsule cubic-obconical, with concave sides and winged angles, as long as the calyx- lobes ; seeds ovoid. — Brackish marshes, Florida to North Carolina, and west- ward. July and August. — Stem 2° - 3° high. 12. L. microcarpa, Michx. Smooth; stem low, creeping at the base, 3-angled, mostly simple ; leaves spatulate-obovate ; petals none ; capsule mi- nute, cubic-obconical, shorter than the calyx-lobes. — Muddy places, Florida to North Carolina, and westward. July and August. — Stem 6' -12' high. Cap- sule scarcely larger than a pin's head. * * * Stems creeping : leaves opposite. H- Petals none. 13. L. palustris, Ell. Smooth ; stems diffuse ; leaves obovate, tapering into a long petiole ; capsule oblong or obconical, obscurely 4-sided, longer than the calyx-lobes. — Ditches and muddy places, common. June- Sept. — Stems 6' -12' long. 14. L. spathlllata, Torr. & Gray. Pubescent and somewhat hoary; leaves spatulate-obovate ; capsule ovoid ; otherwise like the preceding. — Mar- gins of pine-barren ponds, Middle Florida. July and August. t- H- Petals 4. 1 5. L. natans, Ell. Smooth ; stems diffuse ; leaves obovate, acutish, ta- pering into a long petiole ; flowers short-pedicelled ; petals roundish, as long as the lobes of the calyx ; capsule obtusely 4-angled, narrowed at the base. — Marshes and margins of streams, Florida to North Carolina, and westward. July- Sept. — Resembles No. 13, but is every way larger. 16. L. arcuata, Walt. Smooth; leaves lanceolate, narrowed at the base, acute ; flowers on peduncles usually longer than the leaves, 2-bracted at the base ; calyx-lobes linear-lanceolate, shorter than the obovate petals ; capsule cla- vate, curved. — Muddy margins of ponds, &c., Florida to North Carolina. July. — Stems 4' - 8' long. ONAGRACE.E. (EVENING PRIMROSE FAMILY.) 143 6. CIRC.2EA, Tourn. Calyx-tube slightly produced beyond the ovary, the limb 2-cleft, deciduous. Petals 2, obcordate. Stamens 2. Style filiform. Capsule obovate, 1 - 2-celled, 1 - 2-seeded, bristly with hooked hairs. — Perennial herbs, with opposite petioled leaves, and small white or rose-colored flowers in loose terminal racemes. 1. C. Lutetiana, L. Minutely pubescent ; leaves ovate, acuminate, slight- ly toothed, usually longer than the petioles; bracts none; capsule hispid.— Damp shades along the mountains, Georgia and northward. July. — Stem l°-2° high, tumid at the joints. Fruit reflexed. Flowers reddish-white. 2. C. alpina, L. Smooth; stem low (3' -8'); leaves cordate, coarsely toothed, as long as the petioles ; pedicels minutely bracted ; capsule hairy. — With the preceding. 7. PROSERPINACA, L. Calyx-tube 3-sided, 3-lobed. Petals none. Stamens 3. Stigmas 3. Fruit bony, 3-angled, 3-celled, 3-seeded. — Herbs with pinnately dissected leaves, and minute axillary greenish flowers. 1. P. palustris, L. Leaves lanceolate, sharply serrate, the submerged ones pectinate. — Ponds and ditches, Florida to Mississippi, and northward. June -August. — Stem 1°- l£° long, ascending or floating. 2. P. pectinacea, Lam. Leaves all pectinate, the divisions filiform; fruit rugose. — With the preceding. — Stem 3'- 12' long. 8. MYBIOPHYLLUM, Vail. WATER-MILFOIL. Flowers monoecious or polygamous. Calyx 4-parted in the sterile flowers, 4- toothed in the fertile ones. Petals 4 or none. Stamens 4 or 8. Stigmas 4, recurved. Fruit bony, 4-celled, 4-lobed, indehiscent. — Aquatic perennial herbs, with the submerged leaves pinnately divided into filiform or capillary segments, and commonly whorled. Flowers minute in the axils of the upper leaves ; the uppermost sterile. * Stamens 8 : fruit even or warty. 1. M. laxum, Shuttl. Stem long, slender ; leaves 4 in a whorl ; the floral ones reduced to minute nearly entire spatulate bracts, shorter than the flowers, which thus form an interrupted almost naked spike ; fruit roughened with mi- nute warts, with the lobes obtuse. — Ponds and lakes, Middle and West Florida. — July. 2. M. verticillatum, L. Leaves in whorls of 3-4, the floral ones linear, pectinately toothed, much longer than the flowers ; fruit smooth. — Still water, Florida, and northward. July. — Stem 2° - 4° long, stouter than the last. * * Stamens 4 : fruit ridged and roughened. 3. M. heterophyllum, Michx. Stem thick; leaves 4-6 in a whorl, the floral ones crowded, ovate or lanceolate, finely and sharply serrate ; the lower 144 CACTACE.E. (CACTUS FAMILY.) ones pinnatifid ; fruit slightly roughened. — Ponds and ditches, Florida, and northward. July. 4. M. scabratum, Michx. Stem short (6' -12') ; leaves 4- 5 in a whorl, the divisions few and capillary, the floral ones linear, pectinately toothed ; fruit strongly ridged and roughened. — Shallow ponds, South Carolina, and north- ward. June and July. ORDER 06. CACTACEJE. (CACTUS FAMILY.) Succulent, shrubby, and commonly leafless and prickly plants, with globular, or columnar and angular, or flattened and jointed stems, and solitary sessile flowers. — Sepals and petals similar, imbricated in several rows, and adherent to the 1 -celled ovary. Stamens indefinite, with long filaments, inserted on the base of the petals. Style single : stigmas nu- merous. Fruit baccate. Seeds numerous, campylotropous, borne on several parietal placentas. Albumen scanty or none. 1. CEREUS, Haw. Sepals and petals united into an elongated tube above the ovary. Stamens inserted on the tube. Style filiform. Stigma many-lobed. Seeds without al- bumen.— Stems elongated, ribbed or angled; the angles bearing tufts of spines and showy flowers. 1. C. monoclonos, DC.? Stem tall, columnar, 6-8-angled, green; angles obtuse ; spines short, brownish. — Key West. — Stem 4° - 10° high. Flowers 6' long, the inner petals lanceolate, acuminate, white ; the outer ones linear, greenish, and gradually diminishing into the scales of the tube. Stigmas 10 or more, filiform, exserted. Stamens included. 2. C. triangularis, Haw. ? Stem elongated, jointed, 3 -sided, rooting at the joints ; flowers greenish externally, white within, very large ; fruit large, naked. — Key "West. — Stem, climbing over bushes. Joints 1° long. 2. OPUNTIA, Tourn. PRICKLY PEAR. Sepals and petals not united into a tube. Stamens inserted into the base of the petals. Style cylindrical. Stigma 3 - 8-lobed. Seeds with thin albumen. Stems with flat or rarely cylindrical joints. Leaves fleshy, with tufts of bristly hairs and commonly strong spines in their axils, deciduous. Flowers large, yellow. /I. O. FicUS-IndiCTlS, Haw. Stem erect, spreading; joints oval and obovate ; leaves subulate, bristly in the axils, without spines ; fruit bristly, ob- ovate, red within, edible. — South Florida. May. — Joints 1° long. 2. O. VUlgariS, Mill. Stem prostrate; joints obovate, pale; spines few and short ; fruit nearly smooth. — Dry sandy soil, Florida and northward, near the coast. June and July. GROSSULACEJE. (CURRANT FAMILY.) 145 3. O. pOlyantha, Haw. Stem erect ; joints oblong ; spines yellow, strong, unequal ; flowers numerous around the summit of the joints ; stigmas 6. — Key West, and waste places around Apalachicola, Florida. June. 4. O. Pes-Corvi, Leconte. Stems prostrate, diffuse; joints small (!'- 3'), cylindrical or somewhat flattened, easily separable, spiny ; spines by pairs, un- equal, elongated; sepals and petals 8-12, cuneate; stigmas 4; fruit small, fleshy, bristly, 1 - 2-seeded. — Barren sandy places along the coast, Florida and Georgia. May. — Stems 1 ° - 2° long. ORDER 57. GROSSULACE^E. (CURRANT FAMILY.) Spiny or unarmed shrubs, with alternate palmately veined and lobed leaves, without stipules, and with axillary racemose or clustered flowers. — Calyx-tube adherent to the ovary, the limb 5-lobed. Petals 5, small. Sta- mens 5. Ovary 1-celled, with 2 parietal placentae. Styles more or less united. Fruit a 1-celled, many-seeded berry. Seeds anatropous, with the minute embryo at the base of hard albumen. 1. KIBES, L. CURRANT. GOOSEBERRY. Character same as the order. * Stems spiny and commonly bristly : peduncles 1 — 3-flowered. 1. R. Cynosbati, L. Leaves on slender petioles, slightly cordate, round- ish, 3 -5-lobed, pubescent; peduncles 2-3-flowered; stamens and single style not longer than the broad and short calyx-tube ; petals obovate ; berry mostly prickly. — Mountains of North Carolina, and northward. July. — Stem smooth or bristly. Leaves l'-2' in diameter. 2. R. rotundifolium, Michx. Leaves small, smoothish, roundish, 3-5- lobed, often acute at the base, on slender petioles ; peduncles 1 - 2-flowered ; stamens and 2-partcd style longer than the narrow-cylindrical calyx-tube ; petals spatulate ; berry small, smooth. — Mountains of North Carolina, and northward. — Shrub 3°- 4° high, often unarmed. Leaves £' - 1' in diameter. 3. R. gracile, Michx. Axillary spine very short ; leaves on slender peti- oles, pubescent on both sides, the lobes acute, incised, and acutely toothed ; peduncles long, capillary, erect, 1 - 2-flowercd ; calyx smooth, tubtilar-campanu- late. — Mountains of Tennessee. * * Stems without spines or bristles : racemes many-flowered. 4. R. prostratum, L'Herit. Leaves long-petioled, deeply cordate, with about 5 spreading incised and serrate lobes, smootli ; racemes erect ; styld^2- cleft; berry glandular-bristly. — Mountains of North Carolina, and northward. May and June. — Stems reclining. Kacemes 3' -5' long. Leaves 2' -3' in diameter. 5. R. resinosum, Pursh. Plant clothed in every part with resinous glan- dular hairs ; leaves roundish, 3 - 5-lobed ; racemes erect ; bracts linear, longer 13 146 TUKNERACE^E. (TURNERA FAMILY.) than the pedicels ; calyx flattish ; petals obtusely rhomboidal ; fruit hirsute. Mountains of North Carolina. April and May. ( * ) ORDER 58. LOASACE^E. (LOASA FAMILY.) Herbs, commonly armed with bristly barbed and stinging hairs. Leaves alternate, exstipulate. Flowers solitary or clustered. — Calyx-tube ad- herent to the 1-celled ovary, the limb 5-parted and persistent. Petals 5 or 10, inserted on the throat of the calyx. Stamens mostly indefinite, in several parcels, inserted with the petals. Styles united. Capsule irregu- larly dehiscent. Seeds few or many, borne on 3 - 5 parietal placentae, commonly with scanty albumen. 1. MENTZELIA, Plum. Calyx-tube cylindrical or club-shaped. Petals convolute in the bud. Sta- mens commonly 30 or more, the exterior ones often dilated and sterile. Styles 3, united to the middle. Capsule 3-valved at the summit, with 3 parietal pla- centae. Cotyledons broad and flat. — Stems branching. Leaves toothed or sinuate-pinnatifid. Flowers yellow. 1. M. Floridana, Nutt. Leaves deltoid-ovate, toothed, truncate and 2- lobed at the base; stamens about 30; capsule 6-seeded. — South Florida. — Stem 1° high, Flowers small, golden-yellow. ORDER 59. TURNERACEA]. (TURNERA FAMILY.) Herbs or shrubs, with alternate simple exstipulate leaves, and solitary axillary flowers. — Calyx free from the 1-celled ovary, colored, 5-lobed, deciduous. Petals 5, inserted on the throat of the calyx, convolute in the bud. Stamens 5, inserted into the tube of the calyx below the sta- mens. Styles 3, distinct, simple, 2-cleft or 2-parted. Stigmas 3 or 6, many-parted. Placentae 3, parietal. , Capsule loculicidally 3-valved, many-seeded. Seeds anatropous, arilled. Embryo in flashy albumen. — Flowers sessile, or on bracted or jointed pedicels. 1. PIRIQUETA, Aublet. Calyx campanulate. Styles 3, 2-cleft or deeply 2-parted. Stigmas 6, many- parted. Capsule opening to the base into 3 valves. — Herbs with stellate pubes- cence. Flowers on jointed pedicels, yellow. 1. P. fulva. Hirsute with fulvous hairs, and stellate-tomentose ; stem simple or sparingly branched ; leaves lanceolate, obtuse, mostly serrate or toothed, nearly sessile; pedicels (at least the upper ones) longer than the leaves, PASSIFLORACE^:. ( PASSION-FLOWER FAMILY.) 147 often bibracteolate ; petals obovate ; styles 2-parted. (Turnera cistoidcs, Ell. P. villosa, Aub. ?) — Dry light soil, Florida to North Carolina. June and July. 1J. — Stem 1° high. Leaves 2' -3' long, the lowest ones broader. 2. P. tomentosa, H. B. K. Stellate-tomentose throughout; stem sim- ple ; leaves nearly sessile, oblong, acute or obtuse, obscurely crenate, hoary be- neath; pedicels shorter than the leaves. — South Florida. — Stem 1° high. Leaves rather rigid, 1' long. 3. P. glabra. Stem slender, branching, smooth; leaves smooth, linear, entire, the floral ones small and bractlike ; pedicels several times longer than the leaves, and, like the calyx, stellate-tomcntose ; petals spatulate ; styles 2-clcft. (Turnera glabra, DC.?) — South Florida. — Stem l°-2° high. Leaves 2' long. Flowers 1' in diameter. ORDER 60. PASSIFL.ORACEJE. (PASSION-FLOWER FAMILY.) Climbing herbs or shrubs, with alternate mostly stipulate leaves, and ax- illary often showy flowers. — Calyx of 4 - 5 more or less united sepals, commonly bearing at the throat 4-5 petals, and a crown of slender fila- ments in one or more rows. Stamens 4-5, monadelphous below and en- closing the stipe of the ovary. Ovary 1 -celled, with 3-4 parietal pla- centae. Styles 3-4, clavate. Fruit fleshy or baccate. Seeds numerous, anatropous, included in a pulpy sac. Embryo in the axis of fleshy albu- men. 1. PASSIFLORA, L. PASSION-FLOWER. MAY-POP. Calyx-tube very short. Filaments of the crown in 2 or more rows. Fruit baccate, — Tendrils axillary. Peduncles jointed, 1 -flowered. 1. P. incarnata, L. Leaves palmately 3-lobed, acute, serrate; petioles biglandular ; peduncles 3-bracted ; sepals with a horn-like point below the apex, whitish within ; filaments of the crown in about 5 rows, the two outer ones as long as the sepals ; berry large, oval. — In open or cultivated ground, common. June and July. 1\|.— Fruit yellowish, as large as a hen's egg. Flowers purple and white. 2. P. lutea, L. Leaves cordate, broadly 3-lobed at the summit, with the lobes rounded and entire ; petioles glandless ; flowers small, greenish-yellow ; peduncles by pairs, bractless ; filaments of the crown in 3 rows, shorter than the sepals. — Woods and thickets, Florida to Mississippi, and northward. June and July. Ij. — Fruit oval, purple, £' in diameter. 3. P. suberosa, L. Leaves smooth, slightly fringed on the margins, 5- nerved at the base, divided above the middle into 3 ovate entire acute lobes, the middle lobe largest; petioles short, biglandular above the middle; peduncles commonly by pairs ; flowers greenish ; petals none ; filaments of the crown shorter than the sepals, purple at the base ; fruit purple. — South Florida. 148 CUCURBITACEJE. (GOURD FAMILY.) 4. P. angUStifolia, Sw'artz. Lower leaves mostly 3-lobed, with the lobes lanceolate, obtuse, and entire ; upper leaves simple, lanceolate, and acute ; peti- oles short, biglandular ; flowers small, solitary or by pairs, the peduncles short and bractless ; petals none, — South Florida. — Stem l°-2° long. Leaves sometimes entire. Flowers 4" - 6" wide, yellowish. Berry purple, as large as a pea. Filaments of the crown in 2 rows. Stamens occasionally 4. Stipules subulate. 5. P. Warei, Nutt. Leaves on short biglandular petioles ; the lower ones 3-lobed, acute ; the upper ovate or oblong, undivided ; stipules subulate ; pedun- cles commonly by pairs, about the length of the petioles ; flowers very small ; segments of the crown few, filiform, shorter than the calyx. — South Florida. — Probably identical with P. pallida of the West Indies. ORDER 61. CUCURBIT A CE^E. (GOURD FAMILY.) Herbs, with succulent stems, climbing by means of lateral tendrils. Leaves alternate, palmately veined or lobed. Flowers axillary, monoe- cious or dioecious. — Calyx 5-toothed, adnate to the ovary. Corolla of 5 distinct, or more or less united petals, coherent with the calyx. Stamens 3-5, free or variously united. Anthers long, straight or tortuous, com- monly connate. Ovary 1 - 3-celled. Stigmas 3. Fruit (pepo) fleshy or pulpy, 1 - 3-celled. Seeds compressed, anatropous, without albumen. Cotyledons leafy. Synopsis. 1. BRYONIA. Petals 5, distinct, or united at the base. Ovary 3-celled. Fruit 3-seeded, smooth. 2. MELOTHRIA. Petals 5, united into a campanulate corolla. Ovary 3-celled. Fruit many -seeded, smooth. 3. SICYOS. Petals 5, united at the base into a rotate corolla. Ovary 1-celled. Fruit 1- seedcd, hispid. 1. BRYONIA, L. Flowers monoecious or dioecious. Calyx 5-toothed. Petals 5, distinct, or united at the base. Stamens 5, triadelphous : anthers tortuous. Style mostly 3-cleft. Fruit ovate or globose, smooth, few-seeded. 1. B. Boykinii, Torr. & Gray. Rough-pubescent; leaves broadly cor- date, 3 - 5-lobed ; the lateral lobes entire or toothed, the middle one cuspidate ; sterile and fertile flowers intermixed, 3-5 in a cluster, short-pedicelled ; styles united ; fruit 3-seeded ; the seeds 3-toothed at the base. — River-banks, Georgia, and westward. June and July. — Stems elongated. Flowers greenish- white. Berry crimson. 2. MELOTHEIA, L. Flowers polygamous or monoecious. Calyx of the fertile flower narrowed above the ovary ; the sterile ones campanulate. Petals 5, united into a campanu- SURIANACE^. - (SURIANA FAMILY.) 149 late corolla. Stamens 5, triaclclphous : anthers tortuous, connate, at length sep- arate Style single, with a cup-shaped disk surrounding its base. Stigmas 3. Fruit oval, smooth, many-seeded. 1. M. pendula, L. Stem filiform, smooth; leaves rough, cordate, with 3-5 angular-toothed lobes ; sterile flowers in small racemes ; the fertile solitary, on long peduncles; fruit oval, blackish, drooping. — Light soil, Florida to North Carolina, and westward. May - August. — Flowers small, yellow. • 3. SICYOS, L. Flowers monoecious. Calyx flattish, with 5 subulate or minute teeth. Petals 5, united below into a rotate corolla. Stamens 5, monadelphous or triadelphous. Ovary 1-celled, 1-ovuled. Style slender. Stigmas 3. Fruit membranaceous, bristly, 1-seedcd. — Annual herbs. Sterile and fertile flowers mostly from the same axil. 1 . S. anglllatus, L. Plant hairy and clammy ; leaves thin, cordate, with 3-5 acuminate denticulate lobes ; sterile flowers racemose ; the fertile ones in peduncled clusters, whitish. — River-banks, Florida, and northward. June- August. ORDER C2. SURIANACE^. (SURIANA FAMILY.) A downy shrub, with alternate crowded exstipulate leaves, and perfect yellow flowers, in small axillary bracted racemes. — Calyx 5-parted, per- sistent ; the base filled with a fleshy torus, which bears the ovaries, petals, and stamens. Petals 5, oblong-obovate. Stamens 10, hairy, the alternate ones short and sterile. Ovaries 5, distinct, with 2 erect collateral ortho- tropous ovules in each. Styles 5, each arising from the central angle of the ovary near the base, thickened upwards. Carpels 1-seeded, indehis- cent. Seeds without albumen. Embryo hooked. 1. SURIANA, Plum. Character same as the order. 1. S. maritima, L. — Sea-shore, South Florida. — Shrub 4° -6° high. Leaves linear-spatulate, fleshy, imbricated near the summit of the branches. Racemes shorter than the leaves. ORDER 63. CRASSULACEJE. (ORPINE FAMILY.) Succulent herbs, with exstipulate leaves, and regular perfect and mostly cymose flowers. Sepals 3 - 20, more or less united at the base, persistent. Petals as many as the sepals, inserted on the base of the calyx, imbricated in the bud, rarely wanting. Stamens as many, or twice as many, inserted 13* 150 CRASSULACE^E. (ORPINE FAMILY.) with the petals. Ovaries as many as the sepals, separate or united below. Carpels several-seeded, opening along the inner suture. Seeds anatropous. Embryo straight, in thin albumen. Synopsis. 1. SEDUM. Carpels distinct. Sepals 4-5. Stamens 8 or 10. 2. DIAMORPIIA. Carpels united at the base. Sepals 4. Stamens 8. 3. PENTHORUM. Carpels united above the middle. Sepals 5. Stamens 10. 1. SEDUM, L. ORPINE. STONE-CROP. Sepals 4 -5. Stamens 8 or 10. Carpels distinct, many-seeded, with an en- tire scale at the base of each. — Herbs smooth and fleshy. 1. S. telephioides, Michx. Stem stout, erect or ascending, very leafy throughout ; leaves alternate, oblong-obovate, toothed or entire ; the lower ones mostly tapering into a petiole, the upper sessile ; cymes compact, erect, many- flowered; petals flesh-color, ovate-lanceolate, acuminate; stamens 10; carpels acuminate, pointed with the slender style. — Dry rocks, along the mountains, Georgia, and northward. June. — Stem 7' - 1 2' high. Leaves 1 ' - 1 £' long. 2. S. ternatum, Michx. Stems low (3' - 8'), branching at the base, ascend- ing ; lowest leaves crowded, spatulate or obovate, 3 in a whorl ; the upper ones scattered, oval or lanceolate ; cyme composed of 3 recurved branches ; stamens 8, those of the central flowers 10. — Mountain-rocks, Georgia, Tennessee, and northward. May and June. 1J. — Flowers white. 3. S. pulchellum, Michx. Stems ascending (4' -12' long) ; leaves very numerous, alternate, linear, obtuse; cyme composed of several recurved or spreading branches ; flowers pale purple ; sepals much shorter than the petals ; stamens 8, those of the central flowers mostly 10; carpels tapering into the long and slender style. — With the preceding. May and June. 4. S. Nevii, Gray. Stems low (3' -5'), ascending; leaves alternate, scat- tered, linear-clavate, obtuse ; flowers sessile, scattered along the widely spread- ing or recurved branches of the simple cyme ; bracts linear, longer than the flowers ; sepals linear-lanceolate, acutish, as long as the lanceolate white petals ; stamens 8, shorter than the petals ; anthers purplish-brown ; carpels tapering into the short subulate style. — Rocky cliffs at Tuscaloosa, Alabama, ~Eev. R. D. Nevius. April and May. 2. DIAMOKPHA, Nutt. Sepals 4, very short. Petals 4, oval, concave. Stamens 8. Carpels 4, united below the middle, at length spreading, 4-8-seeded. — A small (l'-4') succu- lent biennial herb, branching from the base. Leaves terete, fleshy. Flowers white. 1. D. pusilla, Nutt. — On flat rocks in the upper districts, Alabama to North Carolina. March and April. SAXIFRAGACEJS. (SAXIFRAGE FAMILY.) 151 3. PENTHORUM, Gronov. Sepals 5. Petals 5, often wanting. Stamens 10. Carpels 5, united into a 5-celled capsule, spreading at the summit, which falls away at maturity. Seeds numerous. — Perennial (not fleshy) herbs, with alternate serrate leaves, and yellowish flowers on one side of the revolute branches of the simple cyme. 1. P. sedoides, L. Stem erect, l°-2° high; leaves lanceolate; petals commonly none. — Ditches and muddy places, common. July - Sept. ORDER 64. SAXIFRAGACE^E. (SAXIFRAGE FAMILY.) Calyx of 4 - 5 more or less united sepals, free, or more or less adherent to the ovary, persistent. Petals as many as the sepals, rarely wanting. Stamens as many, or 2 - 4 times as many, inserted with the petals on the calyx. Ovaries 2 or sometimes 3-4, commonly united below, and sepa- rate at the summit. Seeds few - many. Embryo straight, in the axis of fleshy albumen. Synopsis* SUBORDER I. SAXIFRAGES. Herbs. Petals Imbricated in the bud. Stipules adnate to the petiole, or none. * Stamens as many as the sepals. 1. LEPUROPETALON. Styles 3. Capsule l-celled, beakless. 2. HEUCIIERA. Styles 2. Capsule l-celled, 2-beaked. 3. BOYKINIA. Styles 2. Capsule 2-celled, 2-beaked. * * Stamens twice as many as the sepals. i- Capsule 2-celled. 4. SAXIFRAGA. Flowers perfect. Stamens 10. Leaves entire or lobed. 5. ASTILBE. Flowers polygamous. Stamens 10. Leaves ternately compound. i- -t- Capsule 1 celled. 6. TIARELLA. Stamens 10. Petals 5, entire. 7. MITELLA. Stamens 10. Petals 5, pinnatifid. 8. CHRYSOSPLENIUM. Stamens 8 -10. Petals none. SUBORDER II. ESCALLONIEzE. Shrubs. Petals valvate in the bud. Stipules none. Leaves alternate. • 9. ITEA. Stamens and petals 5- Flowers in a dense raceme. SUBORDER IH. HYDRANGIE^E. Shrubs. Petals valvate or con- volute in the bud. Leaves opposite. Stipules none. 10. HYDRANGEA. Petals valvate. Stamens 8 - 10. Styles distinct. 11. DECUMARIA. Petals valvate. Stamens 20 or more. Styles united. 12. PHILADELPHUS. Petals convolute. Stamens 20 or more. Styles 4. Capsule 4-valved. 1. LEPUROPETALON, Ell. Calyx-tube turbinate, cohering with the lower portion of the ovary, 5-parted. Petals 5, minute, spatulate. Stamens 5, very short. Styles 3. Capsule globu- 152 SAXIFRAGACEJE. (SAXIFRAGE FAMILY.) lar, 1 -celled, with 3 parietal placentas, many-seeded, loculicidally 3-valved at the apex. — A very small (£' high) tufted annual herb, with alternate spatulate leaves, and solitary terminal white flowers. 1. L. spatkulatum, Ell. — Close damp soil, Georgia (near Savannah) and South Carolina. March and April. 2. HEUCHERA, L. ALUM-ROOT. Calyx campanulate, coherent with the base of the ovary, 5-cleft. Petals 5, spatulate. Stamens 5. Styles 2. Capsule 1 -celled, with 2 parietal placentae, many-seeded, 2-beakcd, opening between the beaks. Seeds rough or hispid. — Perennial herbs, with erect scape-like stems. Leaves chiefly radical, long-peti- oled. roundish cordate, lobed or toothed. Stipules adnate to the petioles. Flow- el's cymose-panicled. * Calyx equal-sided. 1. H. Americana, L. Rough-pubescent ; scape leafless ; leaves crenately or acutely 7 - 9-lobed and toothed, the teeth mucronate ; panicles long, narrow, loosely-flowered ; calyx as long as the white spatulate petals, much shorter than the stamens and very slender styles. — Shady rocky places in the middle and upper districts, Mississippi to North Carolina, and northward. April and May. — Scape 2° -3° high, sometimes with one or two leaves. Leaves 2' -4' wide, on petioles 4' -12' long. 2. H. villosa, Michx. Scape bracted or somewhat leafy, and, like the petioles and lower surface of the leaves, shaggy with long spreading rusty hairs ; leaves sharply 5 - 7-lobed and toothed , panicle loose ; flowers minute ; petals white, very narrow, about as long as the stamens; styles elongated. (H. caulcs- cens, Pursh.) — Mountains of North Carolina and Tennessee. June and July. — Scape 1° - 3° high. Leaves 3' - 8' wide. Flowers about a line in length. 3. H. Curtisii, Gray. Scape and petioles smooth; leaves slightly lobed ; branches of the panicle long, racemose, spreading ; petals purple ? spatulate- lanceolatc, scarcely longer than the calyx ; stamens slightly pubescent. (H. caulescens, /3, Torr. fr Gray.) —Buncombe County, North Carolina, Curtis. — Flowers larger than the last. * * Calyx oldique. 4. H. pubescens, Purlh. Glandular-puberulent; stem (2°) leafy ; leaves round-cordate, acutely 5 - 7-lobed and toothed, with the sinus clqsed ; stipules obtuse, fringed ; flowers nodding ; calyx ovoid, yellowish -green, the ovate lobes obtuse ; petals spatulate, white, and, like the smooth stamens and styles, includ- ed.— Mountains of North Carolina, and northward. June and July. 5. H. hispida, Pursh. Hirsute or minutely glandular-pubescent; leaves 5 -9-lobed, the lobes short, rounded, and mucronately toothed; panicle con- tracted ; the short branches few-flowered ; petals broadly spatulate, purple, rather shorten than the more or less exserted stamens ; styles at length much exserted. — High mountains of North Carolina. May and June. — Scape 2° - 3° high, sometimes smoothish, as well as the t>etioles. Flowers larger than any of the preceding. SAXIFRAGACEJS. (SAXIFRAGE FAMILY.) 153 3. BOYKINIA, Nutt. Calyx turbinatc, coherent with the ovary, 5-cleft. Petals deciduous. Sta- mens 5, short. Styles 2-3. Capsule 2-3-celled, with a central many-seeded placenta, 2-bcaked, opening between the beaks. Seeds smooth. — Erect leafy perennial herbs, with alternate round-cordate palmately lobed and toothed leaves, and small flowers in corymbose cymes. 1. B. aconitifolia, Nutt. Glandular-hairy, or the upper surface of the long-petioled 5 - 7-lobed leaves smoothish ; cymes fastigiate, clammy ; flowers secund, white ; teeth of the calyx triangular-ovate. — Mountains of Georgia, North Carolina, and Tennessee. June and July. — Stem l°-2° high. 4. SAXIPRAGA, L. SAXIFRAGE. Calyx free, or cohering with the base of the ovary, deeply 5-cleft. Petals 5, commonly deciduous. Stamens 10. Styles 2. Capsule 2-cellcd, 2-beaked, opening between the beaks. Seeds numerous, smooth. — Lowest leaves clus- tered. * Stems leafy. 1. S. leucanthemifolia, Michx. Hairy and clammy ; leaves spatulate, coarsely toothed, tapering into a long winged petiole ; the upper ones linear ; panicle diffuse ; petals clawed, unequal, white, the 3 larger ones spotted with yellow. — Mountains of North Carolina. July. — Stem 10' -20' high. * * Stems naked, scape-like. 2. S. erosa, Pursh. Leaves oblong, tapering to the base, sharply toothed ; scape clammy-pubescent ; panicle long, slender, loosely flowered ; sepals reflcxed, nearly as long as the oval white petals ; stigmas sessile. — Shady banks of streams on the mountains of North Carolina, and northward. July. — Scape 1° - 3° high. Leaves 8'- 12' long. 3. S. Virginiensis, Michx. Pubescent ; leaves somewhat fleshy, obo- vate, crenately toothed ; scape clammy ; panicle cymose, dense-flowered ; sepals erect, not half as long as the oblong obtuse white petals ; styles short. — Rocks on the mountains of Georgia, and northward. April end May. — Scape 4' - 12' high. 4. S. Careyana, Gray. Smooth or pubescent ; leaves broadly ovate, cre- nately or sharply toothed, abruptly contracted into a slender petiole ; scape slen- der ; panicle loosely flowered ; sepals spreading, half as long as the lanceolate- oblong, white, faintly spotted petals ; filaments filiform. — Moist shady rocks, on the high mountains of North Carolina. June. — Plant 6' high. 5. S. Caroliniana, Gray. Glandular-pubescent ; leaves all radical, del- toid or ovate, coarsely toothed, abruptly contracted into a margined petiole ; bracts of the scape few ; panicle diffuse ; petals ovate, white, with 2 pale spots below the middle, twice the length of the reflexed sepals ; filaments club-shaped ; carpels turgid, free from the calyx, at length widely spreading. — Damp shady places on the mountains of North Carolina. May and June. — Scape 6' - 12' high. 154 SAXIFRAGACE^E. (SAXIFRAGE FAMILY.) 5. ASTILBE, Hamilton. Flowers polygamo-dioecious. Calyx campanulate, 5-parted, nearly free from the ovary. Petals 5, spatulate, withering-persistent. Stamens 10, exscrted. Styles 2. Capsule 2-celled, few-seeded. Seed-coat loose and thin. — Perennial herbs, with ternately compound leaves, and small yellowish-white flowers, in panicled racemes. 1. A. decandra, Don. — Banks of streams among the mountains of Georgia and North Carolina. June -August. — Stem 3° -5° high. Leaves twice or thrice ternately compound ; the leaflets mostly cordate-ovate, sharply lobed and toothed. Stigmas of the sterile flowers and the stamens and petals of the fertile ones smaller or rudimentary. 6. TIARELLA, L. FALSE MITRE-WORT. Calyx campanulate, nearly free from the ovary, 5-parted. Petals 5, entire. Stamens 10. Styles 2. Capsule membranaceous, 2-valved, the valves very un- equal, 1 -celled, few-seeded. Seeds globular, smooth. — Perennial herbs, with scape-like stems, chiefly radical and petioled leaves, and small racemose flowers. 1. T. COrdifolia, L. Leaves round-cordate, crenately or acutely lobed and toothed, hairy above, pubescent beneath, on long hairy petioles ; scape (6'- 12' high) naked, or bearing 1-2 alternate leaves above the middle; racemes simple or branched, many-flowered ; petals oblong, white or purplish. — Eocky woods and banks, Mississippi, and northward along the mountains. April and May. 7. MITELLA, Tourn. MITRE-WORT. Calyx coherent with the base of the ovary, 5-cleft. Petals 5, pinnatifid. Sta- mens 10. Styles 2. Capsule 2-beaked, 1 -celled, 2-valved at the apex, many- seeded. Seeds smooth, borne on two parietal placentae. — Perennial herbs, with broadly cordate and lobed leaves, and small flowers in a terminal raceme. 1. M. diphylla, L. ' Hairy ; radical leaves cordate, acute, coarsely ser- rate and slightly 3-lobed, on long petioles ; stem-leaves 2, opposite, sessile ; raceme slender, loosely many-flowered. — Shady woods, on the mountains of North Carolina, and northward. May. — Stem 6' - 12' high. Flowers white. 8. CHBYSOSPLENIUM, Tourn. GOLDEN SAXIFRAGE. Calyx-tube coherent with the ovary, 4 - 5-lobed ; the lobes obtuse and yellow within. Petals none. Stamens 8-10, very short, inserted on ,a conspicuous disk. Styles 2. Capsule very short, 2-lobed, 1 -celled, with 2 parietal placentae, 2-valved at the apex, many-seeded. — Smooth and succulent herbs, with round- ish leaves, and axillary flowers. 1. C. Americanum, Schweinitz. Stems prostrate, forking; leaves mostly opposite, roundish, slightly lobed ; flowers solitary, greenish. — Cold and shady SAXIFRAGACE^E. (SAXIFRAGE FAMILY.) 155 streams, among the mountains, Georgia, and northward. April and May. 1J. — Stems 4' - 6' long. 9. ITEA, L. Calyx campanulate, 5-cleft, free from the ovary. Petals 5, lanceolate. Sta- mens 5, shorter than the petals. Styles 2, united. Capsule 2-celled, 2-furrowed, septicidally 2-valved, several-seeded. — A shrub with simple oblong or oval ser- rate pubescent leaves, and close mostly drooping racemes of white fragrant flow- ers terminating the branches. 1. I. Virginica, L. — Swamps, Florida to Mississippi, and northward. May and June. — Shrub 4° - 10° high. 10. HYDRANGEA, Gronov. Calyx-tube hemispherical, 8-10-ribbed, coherent with the ovary; the limb 4-5-toothed, persistent. Petals ovate, valvate in the bud. Stamens 8-10, fili- form. Capsule crowned with the 2 diverging styles, 2-celled, many-seeded, open- ing at the apex between the styles. — Erect shrubs, with opposite petiolcd leaves, without stipules, and whitish or purplish flowers, in ample compound cymes ; the marginal flowers mostly sterile, with the calyx-lobes enlarged and showy. 1. H. arborescens, L. Smoothish; leaves ovate, acute or acuminate, serrate, mostly rounded or cordate at the base; cymes crowded, flat-topped; sterile flowers few or none. (H. vulgaris, Michx. H. cordata, Pursh.) —Banks of streams, Florida to Mississippi, and northward. June and July. — Shrub 4° - 8° high. Leaves 3' - 6' long. 2. H. radiata, Walt. Leaves ovate, acuminate, serrate, mostly cordate at the base, white-tomentose beneath; cymes flat-topped; sterile flowers few. — Rich soil, Georgia, Carolina, and Tennessee. May and June. — Shrub 4° -8° high. 3. H. quercifolia, Bartram. Young branches and leaves densely to- mentose ; leaves oval, sharply 5-lobed, serrate ; cymes clustered, forming a close oblong panicle ; sterile flowers large, numerous. — Shady banks, Florida, Geor- gia, and westward. May and June. — Shrub 3° - 6° high. Leaves 4' - 8' long. Sterile flowers whitish, turning purple. 11. DECUMARIA, L. Flowers all fertile. Calyx-tube turbinate, coherent with the ovary, 7-10- toothed. Petals valvate in the bud, oblong. Stamens 21 - 30. Styles united, persistent. Stigma thick, 7-10-rayed. Capsule 10-15-ribbed, 7-10-celled, bursting at the sides ; the thin partitions at length separating obliquely into nu- merous chaffy scales. Seeds numerous, suspended. — A smooth climbing shrub, with opposite ovate or oblong entire or serrate leaves, and numerous odor- ous white flowers in compound terminal cymes. » 1. D. barbara, L. — Banks of streams, Florida to North Carolina, and westward. May and June. — Leaves shining, sometimes pubescent. Capsule, with the persistent style and stigma, urn-shaped, pendulous. 156 HAMAMELACE.E. (WITCH-HAZEL FAMILY.) 12. PHILADELPHUS, L. SYRINGA. Calyx-tube turbinate, cohering with the ovary , the limb 4 - 5-parted, persist- ent. Petals 4-5, convolute in the bud. Stamens 20-40, shorter than the petals. Styles mostly 4, more or less united. Capsule mostly 4-celled, loculi- cidally 4-valved, many-seeded. — Shrubs with simple opposite 3 - 5-ribbed leaves, without stipules, and large white solitary or cymose flowers. 1. P. grandiflorus, Willd. Branches and leaves pubescent; leaves ovate or ovate-oblong, acuminate, sharply serrate ; flowers solitary, or 2 or more in a terminal cyme ; calyx-lobes ovate, acuminate, much longer than the tube.— Banks of streams, Florida to North Carolina. April and May. — Shrub 6° - 10° high, with long and slender branches. 2. P. inodorus, L. Smooth ; leaves entire or nearly so, ovate or ovate- oblong, acute ; calyx-lobes ovate, acute, as long as the tube. — Upper districts of Alabama to South Carolina. May. — Flowers smaller than in the last. 3. P. hirsutus, Nutt. Hairy ; leaves small, ovate, acute, sharply serrate ; flowers 1-3 together, terminal, and on short lateral branches ; calyx-lobes ovate, as long as the tube. — North Carolina and Tennessee, — A small shrub. Leaves 1' lon. Flowers ' wide. ORDER 65. HAMAMELACEJG. (WITCH-HAZEL FAMILY.) Trees or shrubs, with Alternate leaves, deciduous stipules, and clustered or spiked, often polygamous or monoecious flowers. — Calyx-tube coherent with the base of the ovary. Petals 4-5, long and linear, or none. Sta- mens twice as many as the petals, with the alternate ones sterile, or nu- merous and perfect. Styles 2. Capsule woody, 2-celled, opening at the summit. Seeds anatropous, bony, 1 - 2 in each cell. Embryo large and straight, in scarce albumen. Synopsis. 1. HAMAMELIS. Calyx-lobes and petals 4. Fertile stamens 4. Ovules solitary in each cell, suspended. 2. FOTIIERGILLA. Calyx 5-7-toothed. Petals none. Stamens numerous, all fertile. Ovules solitary, suspended. 3. LIQUIDAMBAR. Calyx and corolla none. Flowers polygamous or monoecious, capitate. Stamens numerous. Ovules several. 1. HAMAMELIS, L. WITCH-HAZEL. Calyx 2-3-bracted, 4-parted. Petals 4, long and linear. Stamens 8, the alternate ones short and sterile. Styles 2. Capsule loculicidally 2-valved at the apex, the outer coat separating from the inner one, which encloses the seed, but soon splits elastically into 2 valves. Seeds large, bony. — Shrubs. Leaves short-petioled. Flowers yellow, clustered. UMBELLIFER^E. (PARSLEY FAMILY.) 157 1. H. Virginica, L. — Low woods, Florida to Mississippi, and northward. November. — A large shrub. Leaves obovate or oval, oblique, crenate-toothed, pubescent ; flowers appearing when the leaves are falling. 2. FOTHERGILLA, L. Calyx truncate, obscurely 5-7-toothed. Petals none. Stamens numerous, slender, perfect. Styles 2. Capsule 2-lobed, 2-celled, 2-valved at the apex, with a single bony seed in each cell. — A shrub, with oval or obovate leaves, and white odorous flowers in terminal bracted spikes, appearing before the leaves. 1 F. alnifolia, L. — Swamps, Florida to North Carolina. March and April. — Shrub 2° -4° high. Leaves smooth, or tomentose beneath, toothed at the summit. Capsule hairy. 3. LIQUIDAMBAR, L. SWEET-GUM. Flowers monoecious, in globular 4-bracted spiked heads. Calyx and corolla none. Stamens very numerous. Styles 2. Ovary 2-celled, with numerous ovules in each cell. Capsules united in a close head, woody, 2-beaked, opening between the beaks, 1 -2-seeded. Seeds wing-angled. — Trees. Heads of sterile flowers sessile, crowded ; those of the fertile flowers on long nodding peduncles. 1. L. Styraciflua, L. Branches with corky wings ; leaves roundish, with 5-7 acuminate serrate spreading lobes. — Swamps, Florida to Mississippi, and northward. March. — A large tree. The exposed juice hardens into a fragrant gum. ORDER ' 66. UMBELLJFEItflE. (PARSLEY FAMILY.) Herbs, with, chiefly hollow and furrowed stems, alternate mostly com- pound leaves, with dilated or clasping petioles, and umbelled flowers. — Calyx-tube coherent with the ovary ; the limb 5-lobed or obsolete. Petals 5, mostly incurved, inserted with the 5 stamens on the edge of the disk that crowns the ovary. Styles 2. Fruit composed of 2 indehiscent car- pels (mericarps), suspended from a filiform axis (carpophore) , and cohering by their inner face (commissure) ; each furnished with 5 primary ribs, and often with as many secondary ones ; the intervening spaces (intervals) usually containing channels (vittce), which are filled with aromatic oil. Seed solitary, suspended. Embryo minute, at the base of horny albu- men. : — Umbels and partial umbels (umbelleis) commonly subtended by an involucre or involucel. Synopsis. § 1. Inner face of the seed flat, or nearly so. * Umbels simple, or one growing from the summit of another. Stems creeping. 1. IIYDROCOTYLE. Fruit orbicular, flattened. Leaves rounded. 2. CRANTZIA. Fruit globular. Leaves linear, fleshy. 14 158 UMBELLIFER^E. (PARSLEY FAMILY.) * * Umbels capitate (flower sessile). 3. SANICULA. Fruit bristly, globular. Flowers polygamous. Involucel none. 4. ERYNGIUM. Fruit scaly, turbinate. Flowers perfect, bracted. Heads involucelled. # # # Umbels compound (flowers pedicelled). •- Fruit with bristly ribs ; the bristles in a single row. 5. DAUCUS. Fruit 9-ribbed. Leaves finely 2-3-pinnate. •i- -i- Fruit smooth or slightly roughened. ++ Fruit wingless, laterally compressed, or twin. 6. CTCUTA. Flowers white. Fruit subglobose. Calyx-limb 5-toothed. 7. CRYPTOTuENIA. Flowers white. Fruit oblong. Calyx-limb obsolete. Divisions of the leaves lanceolate. 8. LEPTOCAULIS. Flowers white. Fruit ovate, rough. Calyx-limb obsolete. Divisions of the leaves filiform. 9. DISCO PLEURA. Flowers white. Fruit ovoid. Calyx-limb 5-toothed. Divisions of the leaves filiform. 10. HELOSCIADIUM. Flowers white. Fruit oblong. Calyx-limb obsolete. Involucre 1 - 3- leaved, or none. 11. SIUM. Flowers white. Fruit globose. Calyx-teeth minute or none. Involucre 5-6- leaved. Leaves pinnate. 12. BUPLEURUM. Flowers yellow. Fruit ovoid-oblong. Leaves simple. 13. ZIZIA. Flowers yellow. Fruit ovoid-oblong ; the intervals with 3 vittae. 14. THASPIUM. Flowers yellow or dark purple. Fruit ovoid or oblong ; the intervals with single vittae. 15. LIGUSTICUM. Flowers white. Fruit elliptical, with several vittae in each interval. •H- -H- Fruit dorsally compressed, winged on the margins. = Margins of the fruit double-winged. Flowers white. Leaves pinnately compound. 16. ANGELICA. Carpels 3-ribbed on the back ; the intervals with single vittae. 17. ARCIIANGELICA. Carpels 3-ribbed on the back ; the intervals with 2 or more vittae. 18. CONIOSELINUM. Carpels 3-winged on the back ; the intervals with 2-3 vittae. = = Margins of the fruit single-winged. 19. TIEDEMANNIA. Fruit broadly winged. Marginal wings remote from the 3 dorsal ones. Leaves simple, terete. 20. ARCHEMORA. Fruit as in No. 19. Leaves pinnate or ternate. 21. HERACLEUM. Fruit with all the ribs equidistant. Marginal flowers sterile. Plant woolly. § 2. Inner face of the seed concave. 22. CH^IROPIIYLLUM. Fruit linear-oblong, narrowed towards the apex. 23. OSMORRHIZA. Fruit linear-clavate, narrowed towards the base. 1. HYDROCOTYLE, Tourn. MARSH PENNYWORT. Calyx-teeth obsolete. Petals not incurved. Fruit laterally compressed, or- bicular. Carpels 5-ribbed, the dorsal and lateral ones often obsolete, the inter- mediate ones enlarged. Vittce none. — Low marsh herbs, with slender creep- ing stems, and peltate or reniform leaves. Umbels small, axillary. Flowers white. 1. H. Americana, L. Smooth; leaves orbicular-rem'form, crenately 7- lobed ; umbels sessile, 3 - 5-flowered ; fruit 2-ribbed. — Mountains of North Carolina, and northward. July. — Stems stoloniterous. Leaves very thin, UMBELLIFEILE. (PARSLEY FAMILY.) 159 2. H. umbellata, L. Smooth ; leaves orbicular, peltate, obscurely lobcd, crenatc ; umbels globose, on peduncles commonly longer than the petioles ; fruit 2-ribbed on each side. — Wet places, Florida to Mississippi, and northward. May. — Leaves 1' wide. 3. H. ranunculoides, L. Smooth ; leaves orbicular-reniform, crenately 3 - 5-lobed ; umbels few-flowered, on peduncles much shorter than the petioles, mostly nodding in fruit ; fruit obscurely ribbed. — Springs and muddy places, Florida to North Carolina, and westward. May and June. — Petioles 6' -12' long. Peduncles 1' long. 4. H. interrupta, Muhl. Smooth; leaves orbicular, peltate, crenate; umbels proliferous, the nearly sessile clusters forming an interrupted spike ; fruit strongly ribbed. — "Wet places, Florida to Mississippi, and northward. June. — Petioles longer than the peduncles. 5. H. repanda, Pers. Pubescent; leaves broadly ovate, truncate or slightly cordate at the base, glandular-serrate; umbels capitate, few-flowered, shorter than the petioles ; fruit strongly ribbed. — Low grounds, Florida to North Carolina, and westward. July. 2. CBATTTZIA, Nutt. Calyx-teeth obsolete. Petals roundish. Fruit globular. Carpels 5-ribbed, the lateral ribs thickened and corky. Vittae single in the intervals, with 2 on the commissure. — Small creeping marsh herbs, with fleshy linear leaves, and small whitish flowers in axillary umbels. 1. C. lineata, Nutt. (Hydrocotyle lineata, Michx.) — Muddy banks, near the coast, Florida to Mississippi, and northward. July. — Leaves 1' long, with cross partitions, narrowed towards the base, obtuse. Involucre 5 - 6-leaved. 3. SANICULA, Tourn. Calyx 5-toothed, persistent. Fruit globose, without ribs, armed with hooked prickles ; the carpels not separating spontaneously, each with 5 vittse. — Peren- nial erect branching herbs, with palmately-divided long-petioled leaves, and polygamous flowers in small heads, disposed in a loose expanding cyme. 1. S. Marilandica, L. Leaves 5-7-parted, the divisions lobed and toothed; heads many-flowered; sterile flowers numerous on slender pedicels; styles long, recurved. — Dry woods, Georgia, and northward. May. — Stem 2° -3° high. 2. S. Canadensis, L. Leaves 3 - 5-parted, the divisions lobed and toothed ; heads few-flowered; the sterile flowers (1-3) nearly sessile; styles short and straight. — Dry woods, common. May. — Stem 1 ° - 2° high. Branches of the cyme long and spreading. 4. ERYNGIUM, Tourn. BUTTON-SNAKEROOT. Calyx 5-toothed, persistent. Styles slender. Fruit turbinate, covered with scales or tubercles, without ribs or vittse. — Herbs, with spiny or bristly mostly 160 UMBELLIFER^. (PARSLEY FAMILY.) lobed or toothed leaves, and white or blue bracted flowers closely sessile in dense heads. Fruit scaly : stems erect. 1. E. yUGCSJfolium, Michx. Leaves linear, concave, bristly or some- what spiny on .the margins, parallel-veined; leaves of the involucre mostly entire, shorter than the broadly ovate head ; bracts entire. — Pine barrens, most- ly in damp soil, Florida, and northward. June. 1J. — Stem 2° -3° high. Leaves distant, the lowest ones 1° - 1 J° long. Flowers white. 2. E. Ravenelii, Gray. Leaves linear, elongated, nearly terete, grooved on the upper surface, obscurely denticulate ; leaves of the involucre 3-cleft, as long as the head ; bracts 3-cleft, spine-pointed, longer than the flowers. — Low pine barrens, near the head-waters of Cooper river, South Carolina. Raveml. Sept. and Oct. — Stem l£° - 3° high. Flowers white. 3. E. Virginianum, Lam. Leaves linear-lanceolate, flat; the lowest ones spiny-serrate with the teeth incurved, or nearly entire, veiny; the upper narrower, spiny or pinnatifid; leaves of the involucre (blue) 3-5-cleft, longer than the head; bracts 3-cleft, as long as the flowers. — Marshes, Florida to Mississippi, and northward. July. 1J. or (2) — Stem 2° - 3° high. Flowers blue. 4. E. prsealtum, Gray. Leaves lanceolate, flat, veiny, serrate; the up- per ones linear, spiny-toothed; leaves of the involucre 2-3 times as long as the head ; bracts tricuspidate, barely as long as the mature calyx. (E. Virginia- num, Ell.} — Fresh marshes near the coast, Georgia to North Carolina. August. — Stem 4° -6° high. Lowest leaves l°-2° long and 2^-3' wide. Flowers white. 5. E. Virgatum, Lam. Leaves short, oblong or oblong-ovate, serrate, the upper ones toothed or divided ; leaves of the involucre entire, or with 2-4 bristly teeth, longer than the head; bracts 3-toothed. (E. ovalifolium, Michx.) — Pine-barren swamps, Florida to North Carolina, and westward. August. — Stem l°-2° long. Leaves 2' -3' long, sometimes cordate. Flowers blue. * * Fruit granular : stems diffuse. 6. E. aromaticurn, Bald\v. Stems clustered, prostrate, very leafy; leaves spatulate, pinnately lobed, cartilaginous on the margins ; the 3 upper lobes broad and spine-pointed, the lower ones scattered and bristle-like ; leaves of the involucre 3-cleft, longer than the globose head ; bracts 3-toothed. — Dry pine barrens, East and South Florida. Sept. — Stems 1' long. 7. E. Baldwin!!, Spreng. Small, prostrate, branching ; leaves thin ; the earliest ones ovate, sharply serrate or toothed, long-petioled, the others 3-parted, with the middle segment lanceolate and commonly 3-toothed ; leaves of the in- volucre subulate, longer or shorter than the oblong head ; bracts spatulate, ob- tuse, barely exceeding the calyx. — Low sandy pine barrens, Georgia, Florida, and westward. September. Q) ? — Stems 5'- 10' long. Flowers blue. 8. E. Cervantes!!, Laroch. Stems prostrate, diffusely branched; earli- est leaves lanceolate or oblong, entire, or sparingly toothed, long-petioled, the others sessile, 3-parted, with the segments linear or filiform and entire ; leaves UMBELLIFER^E. (PARSLEY FAMILY.) 161 of the involucre subulate, as long as the hemispherical head ; bracts subulate acute, twice as long as the calyx. (E. filiforme, S/iuttl) — Damp sandy soil along the coast of West Florida. July and August. (2) — Stems l°-2° long. Leaves somewhat fleshy. Flowers very small, blue. 5. DAUCUS, Tourn. CARROT. Calyx 5-toothed. Corolla irregular. Fruit ovate or oblong ; the carpels with 9 unequal bristly or prickly ribs, and a single vitta under the larger ribs. — An- nual or biennial herbs, with pinnately finely dissected leaves and involucre, and white or yellowish flowers. 1. D. pusillus, Michx. Annual; stem rough with rigid reflexed hairs; leaves twice pinnate, with the divisions linear ; bristles of the fruit barbed. — Dry sterile soil, Florida to South Carolina, and westward. June. — Stem 1° -3° high. Umbels long-peduncled. 6. CICUTA, L. WATER-HEMLOCK. Calyx 5-toothed. Fruit roundish. Carpels with 5 flattislrcqual ribs ; the in- tervals with single vittse, and 2 on the inner face. — Smooth perennial marsh herbs, with hollow stems, and twice pinnately or ternately divided leaves. Invo- lucels many-leaved. Flowers white. 1. C. maculata, L. Stem large (3° -6° high), purplish ; leaflets ovate- lanceolate, acute, coarsely serrate ; umbels large, many-rayed. — Marshes, Florida to Mississippi, and northward. July. — Plant very poisonous. 7. CRYPTOTJSNIA, DC. Calyx-teeth obsolete. Fruit oblong, contracted at the sides. Carpels equally 5-ribbed, with very slender single vitta} in each interval, and one under each rib. — A smooth perennial herb, with trifoliolate leaves on long petioles. Leaflets large, ovate, doubly serrate and mostly lobcd. Rays of the umbel few and very unequal. Involucre none. Involucels filiform. Flowers white. 1. C. Canadensis, DC. (Chaerophyllum Canadense, Pers.) — Rich shady soil, North Carolina to Mississippi, and northward. July. — Stem 2° high. 8. LEPTOCAULIS, Nutt. Calyx-teeth obsolete. Fruit ovate, compressed on the sides, often rough or bristly. Carpels 5-ribbed, the intervals with single vittse, and 2 on the face. — Slender smooth herbs, with finely dissected leaves, and white flowers. Umbels few-rayed. Involucre none. Involucel few-leaved. 1. L. divaricatus, DC. Annual; stem (6' -18' high) widely branched ; leaves 2-3-pinnatifid, with the divisions filiform; umbel 3-4-raycd. (Sison pusillum, Michx. ) — Dry sandy soil, Florida to North Carolina. April. — Fruit very small, roughened with minute scales. 14* 162 UMBELLIFERJE. (PARSLEY FAMILY.) 9. DISCOPLEUBA, DC. Calyx-teeth subulate, persistent. Fruit ovate ; the carpels strongly 3-ribbed on the back, and with two lateral ribs united with a thick corky margin. Inter- vals with single vittae. — Smooth annuals, growing in marshes. Leaves pin- nately dissected, with the filiform divisions often whorled. Involucre and invo- lucel conspicuous. Flowers white. 1. D. capillacea, DC. Umbels 3-10-rayed; leaves of the involucre mostly 3-5-clcft ; fruit ovate. (Ammi capillaceum, Michx.) — Brackish marsh- es, Florida to Mississippi, and northward. June and July. — Stem 1° -2° high, much branched. Earliest leaves simple, or simply pinnate. 2. D. COStata. Stem tall, branching above; leaves of the involucre 10- 12, many-parted ; fruit ovate, deeply sulcate. (Ammi costatum, Ell.) — Swamps of the Ogeechee Kiver, Georgia. October and November. — Stem 4° - 5° high. Fruit larger than in No. 1. 3. D. Nuttallii, DC. Umbels many-rayed ; leaves of the involucre 5 - 6, entire ; fruit globose. — Tampa Bay, Florida, and westward. — Stem 2° - 6° high. 10. HELOSCIADIUM, Koch. Calyx-teeth 5, or obsolete. Fruit ovate or oblong, flattened on the sides, the carpels equally 5-ribbed. Intervals with single vittse. Flowers white. 1. H. nodiflorum, Koch. Stems prostrate or creeping ; leaves pinnate; leaflets ovate-lanceolate, sen-ate ; umbqls short-peduncled, opposite the leaves ; involucre 1 - 2-leaved or none; involucel 5-6-leaved. (Sium nodiflorum, L.) — Ditches, &c. around Charleston. Introduced. April -June. — Stems 2° long. 11. SIUM, L. Calyx-teeth small or obsolete. Fruit ovate or globular, flattened at the sides ; the carpels with 5 equal corky ribs. Intervals usually with several vittse. — Marsh or aquatic perennial herbs. Leaves pinnate ; the immersed ones dissected into numerous capillary divisions. Involucre several-leaved. Flowers white. 1. S. lineare, Michx. Leaflets varying from linear to oblong, finely and sharply serrate ; calyx-teeth minute ; fruit globular, strongly ribbed. — Along streams, commonly in water, Florida to Mississippi, and northward. July. — Stem 2° high. 12. BUPLEURUM, Tourn. Calyx-teeth obsolete. Fruit flattened at the sides, or twin, ovate-oblong. Carpels 5-ribbed, the intervals with or without vittse. — Smooth herbs, with en- tire simple leaves, and yellow flowers. 1. B. rotundifolium, L. Leaves ovate, perfoliate ; umbel 5-rayed ; in- volucre none ; leaves of the involucel 5, ovate, mucronate. — Fields, North Caro- lina. — Introduced. UMBELLIFER^E. (PARSLEY FAMILY.) 163 13. ZIZIA, DC. Calyx-teeth obsolete. Fruit ovoid-oblong, twin. Carpels 5-ribbed, the cross section nearly orbicular. Vittae 3 in each interval, and 4 on the commissure. — A smooth perennial herb, with 2 - 3-ternately compound leaves, and yellow flowers. 1. Z. integerrima, DC. Stem slender; leaflets oblong-ovate, entire; rays of the umbel long and slender; involucre none. (Smyrnium integerrimum, L.) — Rocky woods, Mississippi, and northward. May and June. — Stem 1° - 2° high. 14. THASPIUM, Nutt. Calyx-teeth short or obsolete. Fruit ovoid or oblong, somewhat flattish at the sides. Carpels commonly equally and strongly 5-ribbed. Intervals with single vittse. — Perennial herbs, with 1 - 2-ternately-divided leaves (the lowest often en- tire), and yellow or purple flowers. Involucre none. * Calyx-teeth short, obtuse. 1. T. barbinode, Nutt Stem pubescent at the joints; leaves 1 - 2-ternate, more or less pubescent ; leaflets cuneate-ovate, entire toward the base, toothed above, the terminal one nan-owed into a long stalk ; fruit oblong, the ribs mostly unequal ; flowers pale yellow. — River-banks, West Florida, and northward. May and June. — Stem branching above, 2° -3° high. Leaflets £'-1' long, often 2-3-lobed. 2. T. pinnatifidum, Gray. Branches and umbels roughish-puberulent ; leaves 1-3-ternate; leaflets 1 - 2-pinnatifid, the lobes linear or oblong; fruit oblong, narrowly 8- 10-winged, the intervals minutely scabrous. — Mountains of North Carolina and Tennessee. — Stem 2° - 5° high. * * Calyx-teeth obsolete. 3. T. aureum, Nutt. Leaves 1 - 2-ternate ; the leaflets oblong-lanceolate, sharply serrate, the lateral ones unequal at the base ; fruit oval, the ribs thick or winged. (Smyrnium aureum, L.) — Rich soil, Florida, and northward. May. — Stem l°-2°high. Lowest leaves sometimes cordate and undivided. Flowers yellow. 4. T. trifoliatum, Gray. Leaves crenate; the lowest ones usually sim- ple and cordate, the others trifoliolate ; leaflets ovate-lanceolate, mostly obtuse at the base; fruit roundish, ribbed or winged. (Smyrnium cordatum, Walt. S. atropurpureum, Lam.) — Rich soil, Florida to Mississippi, and northward. June. — Stem 1° - 2° high. Flowers yellow or dark purple. 15. LIGUSTICUM, L. NONDO. Calyx-teeth minute or obsolete. Fruit elliptical, nearly terete. Carpels with 5 acute equal and somewhat winged ribs. Vittas numerous. Involucre short, 2 - 6-leaved. — Perennial herbs. Leaves 1 - 3-ternately divided. Flowers white. 1. L. actseifolium, Michx. Stem tall (3° -6°), smooth, branched; leaves 3-ternately divided ; leaflets ovate, toothed ; umbels very numerous, pani- 164 UMBELLIFER^E. (PARSLEY FAMILY.) cled ; fruit ovate-oblong, the ribs wing-like ; vittae 3 in each interval, and 6 on the commissure. — Rich soil, in the upper districts. July and August. — Root large, aromatic. 16. ANGELICA, L. Calyx-teeth obsolete. Fruit flattened. Carpels 5-ribbed, the 2 lateral ribs dilated into wings. Vittae single in each interval, and 2-4 on the commissure. Seed adherent to the pericarp. — Chiefly perennial herbs, with compound leaves, no involucre, and white flowers. 1. A. Curtisii, Buckley. Stem smooth; leaves twice ternate, or the di- visions quinate ; leaflets thin, ovate or ovate-lanceolate, often slightly cordate, sharply toothed ; fruit broadly winged ; commissure with 2 vittae. — High moun- tains of North Carolina. August. — Stem 3° high. Petioles large and sheath- ing. 17. ARCHANGELICA, Hoffm. Calyx-teeth short. Fruit flattened. Carpels ribbed as in Angelica. Vitta; very numerous, entirely surrounding the loose seed. — Perennial herbs. Leaves 1 - 2-ternate, with pinnate divisions. Leaflets toothed. Upper petioles inflated. Involucre none. Involucel many-leaved. Flowers white. 1 . A. llirsuta, Torr. & Gray. Upper part of the stem and umbels softly pubescent ; leaflets oblong-ovate, sharply serrate ; fruit pubescent. (A. tri- quinata, Ell. Ferula villosa, Walt.) — Dry hills, Florida to Tennessee, and northward. July. — Stem 2° - 3° high. 2. A. dentata, Chapm. Stem slender, smooth ; umbels slightly pubes- cent ; leaflets lanceolate, strongly veined, coarsely toothed ; fruit smooth. — Dry pine barrens, Florida. September. — Stem 2° - 3° high, branching above ; teeth of the small (§') leaflets spreading. 18. CONIOSELINUM, Fischer. Calyx-teeth obsolete. Fruit oval. Carpels somewhat flattened on the back, 5-winged, with the lateral wings twice as broad as the dorsal ones. Vittae 2-3 in each interval, and 4 - 8 on the commissure. — Smooth herbs. Leaves thin, finely 2 - 3-pinnately compound. Involucre none. Involuccls subulate. Flow- ers white. 1. C. Canadense, Torr. & Gray. Leaflets pinnatifid, with linear-oblong lobes, the petioles inflated ; rays of the umbel slender ; fruit broadly oval. — High mountains of North Carolina, and northward. August. — Stem 3° - 5° high. 19. TIEDEMANNIA, DC. Calyx 5-toothed. Fruit obovate, compressed. Carpels with 5 sharp and slender ribs, winged on the margins. Intervals with single vitta;, and 2 on the commissure. — A smooth erect perennial herb, with terete petioles destitute of leaflets. Involucre and involucel 5 - 6-leaved. Flowers white. TJMBELLIFER^E. (PARSLEY FAMILY.) 165 1. T. teretifolia, DC. (Sium teretifolium, Ell.)— Pine-barren swamps, Florida to North Carolina, and westward. August. — Stem 2° - 4° high. Peti- oles with cross partitions. 20. AKCHEMORA, DC. Calyx 5 -toothed. Fruit oval or obovate, flattened on the back. Carpels with 5 slender obtuse ribs, winged on the margins. Intervals with single vittae, and 4 - 6 on the commissure. — Smooth herbs, with pinnately-divided leaves, and white flowers. Involucre few-leaved or none. Involucel many-leaved. 1. A. rigida, DC. Leaves pinnate ; the leaflets (3-9) varying from lin- ear to oblong, variously toothed or entire. (Sium rigidus, tricuspidatum, and denticulatum, Ell.) — Swamps, Florida to Mississippi, and northward. August and September. — Stem 2° - 5° high. 2. A. ternata, Nutt. Leaves temate, with the leaflets linear, entire and strongly nerved ; the lowest ones on very long petioles. (Neurophyllum longi- folium, Torr. fr Gray.) — Low or swampy pine barrens, Florida to North Caro- lina. November. — Stem slender, 2° high. Petioles of the lower leaves 1° or more long. Boot bearing tubers. 21. HERACLEUM, L. Calyx-teeth minute. Fruit oval, flat. Carpels with the 2 lateral ribs distant from the 3 dorsal ones, and near the dilated margins. Vittae shorter than the carpels, single in the intervals, and usually 2 on the commissure. — Stout per- ennial herbs, with pinnately or ternately divided or lobed leaves on inflated peti- oles, and white flowers. Involucre few-leaved. Involucel many-leaved. Mar- ginal flowers commonly larger and radiant. 1. H. lanatum, Michx. Villous; leaves very large, ternate; leaflets broadly cordate, deeply lobed, hoary beneath. — Mountains of North Carolina. June. — Stem 4° - 8° high, strongly furrowed. 22. CH^ROPHYLLTJM, L. Calyx-teeth obsolete. Fruit oblong or linear, tapering at the apex, contracted at the sides. Carpels deeply furrowed on the commissure, with 5 obtuse equal ribs. Intervals with single vittoe. — Herbs, with compound finely dissected leaves, and white flowers. Involucre few-leaved or none. Involucel many-leaved. 1. C. procumbens, Lam. Stem weak, slightly pubescent; leaves ter- nately divided ; the divisions bipinnatifid, with oblong obtuse lobes ; umbel sessile, of 2 - 3 long rays ; involucel 4 - 5-leaved, few-flowered ; fruit oblong, abruptly pointed, finely ribbed. — Shady river-banks, Mississippi to North Caro- lina, and northward. April and May. (l)^>r ® — Stem 6' - 18' long. 2. C. Teinturieri, Hook. & Am. More pubescent ; lobes of the leaves narrower and acute ; fruit oblong-linear, more strongly ribbed and tapering at the apex ; otherwise like the last. — Banks of the Apalachicola River, Florida, and westward. March and April. — Stem erect, 1° high. 166 ARALIACE^. (GINSENG FAMILY.) 23. OSMORRHIZA, Raf. Calyx-teeth obsolete. Fruit clavate, angled. Carpels with bristly ribs, fur- rowed on the commissure. Vittse none. — Perennial herbs with aromatic roots. Leaves 2-teraate, with the leaflets ovate, toothed or serrate. Umbels opposite the leaves. Involucre and involucel 2 - 5-leaved. Flowers white. 1. O. brevistylis,fDC. Styles very short, conical ; fruit somewhat taper- ing at the apex. — Mountains of North Carolina and northward. June. — Plant hairy, 1° - 1^° high. Leaflets thin, acuminate, pmnatifid. ORDER 67. ARAL.IACE.flE. (GINSENG FAMILY.) Umbelliferous herbs, shrubs, or trees, nearly as in the last order ; but the flowers (chiefly polygamous) with flat and spreading petals, the styles and carpels of the baccate fruit usually more than two, and the embryo at the apex of copious fleshy albumen. 1. AHAXiIA, L. SARSAPARILLA. Calyx-teeth 5, or none. Petals, stamens, and spreading styles 5. Berry drupaceous, 5-lobed, 5-cellcd. — Herbs or shrubs. Leaves compound. Umbels corymbed or panicled. Flowers whitish. Berry black. * Stems herbaceous. 1. A. racemosa, L. Stem smooth, leafy, widely branched ; leaves ternately decompound ; leaflets large, broadly cordate, doubly serrate ; umbels very numer- ous, panicled. — Rich woods along the mountains, Georgia, and northward. July. — Root thick, aromatic. Stem 3° - 5° high. 2. A. hispida, Michx. Stem leafy, somewhat shrubby at the base, bristly ; leaves bipinnately compound ; leaflets lanceolate-ovate, sharply serrate ; umbels in naked peduncled corymbs. — Mountains of North Carolina, and northward. June and July. — Stem l°-2° high. 3. A. nudicaulis, L. Stem naked, short, bearing 3 long-peduncled um- bels at the apex ; leaf solitary, radical, long-petioled, ternately divided, the divisions quinate ; leaflets oblong-ovate, acuminate, serrate. — Mountains of North Carolina, and northward. May. — Root long and slender, aromatic. Stem 1° high, much shorter than the leaves. * * Stems woody. 4. A. spinosa, L. Stem simple, prickly ; leaves very large, crowded at the summit of the stem, bipinnately compound ; leaflets thick, ovate, crenate, glaucous beneath ; umbels in very large hoary panicles. — Swamps, Florida to Mississippi, and northward. July and August. — Stem 10° - 15° high. 2. PANAX, L. GINSENG. Calyx minutely 5-toothed. Petals and stamens 5. Styles 2-3. Berry fleshy, drupaceous, 2 - 3-lobed, 2 - 3-celled. — Low herbs, with naked stems, bearing at CORNACE^E. (DOGWOOD FAMILY.) 167 the summit a single long-peduncled umbel of greenish flowers, surrounded by a whorl of three 3 - 7-foholate leaves. Berry red or greenish. 1. P. quinquefolium, L. Root fusiform ; leaflets 5 - 7, oblong-obovate, serrate, stalked; styles 2, berry crimson. — Rich woods along the mountains, Georgia, and northward. July. — Stem 1° high. Leaflets 2' - 3' long. 2. P. trifolium, L. Root globose ; leaflets 3-5, lanceolate, serrate, ses- sile ; styles 3 ; berry greenish, — With the last. — Plant 4' - 6' high. ORDER 68. CORNACE^. (DOGWOOD FAMILY.) Trees or shrubs, with simple, entire or rarely toothed exstipulate leaves, and perfect or polygamous flowers. — Calyx coherent with the 1 - 2-celled ovary, 4 - 5-toothed. Petals 4-5, valvate in the bud, sometimes wanting. Stamens 4-10, inserted into the margin of the disk that crowns the ovary. Ovules solitary, anatropous, pendulous. Fruit a berry-like 1- 2-celled, 1 - 2-seeded drupe. Embryo nearly as long as the fleshy albumen. Coty- ledons large and foliaceous. 1. CORNTJS, Tourn. DOGWOOD. CORNEL. Flowers perfect. Calyx 4-toothed. Petals and stamens 4. Stigma capitate. Drupe 2-celled, 2-seeded. — Shrubs or low trees. Leaves and branches opposite (except No. 1 ). Flowers in naked spreading cymes, or capitate, and subtended by a colored involucre. * Flowers white, in a loose open cyme : involucre none. 1. C. alternifolia, L'Herit. Leaves oval, abruptly acute at each end, pale and pubescent beneath, long-petioled, and, like the greenish striped branch- es, alternate ; drupes deep blue. — Banks of streams, Florida, and northward. May. — A widely branching shrub, or small tree. 2. C. stricta, Lam. Leaves ovate or oblong, abruptly acute or acuminate, smooth, whitish beneath ; cymes flat or depressed at the summit ; drupes and anthers pale blue. — Swamps, Florida to North Carolina, and westward. April. — A shrub or small tree. Branches brown. 3. C. paniculata, L'Herit. Leaves smooth, ovate-lanceolate, acuminate, paler beneath ; cymes convex at the summit, somewhat panicled, loose-flowered ; drupes white, depressed-globose. — North Carolina and northward. May and June. — Shrub 4° - 8° high. Branches gray. 4. C. sericea, L. Leaves ovate or elliptical, smooth above, the lower sur- face, like the purplish branches and close depressed cyme, silky-pubescent; drupes pale blue. — Low woods, Florida to Mississippi, and northward. May. — Shrub 6° - 10° high. 5. C. asperifolia, Michx. Leaves short-petioled, lanceolate-ovate or ob- long, acute, very rough on both sides, as well as the branchlets and flat cymes ; 168 CORNACE^E. (DOGWOOD FAMILY.) drupes pale blue. — Dry woods, Florida to South Carolina, and westward. June. — A shrub or small tree. Branches slender and sometimes warty. * * Flowers capitate, subtended by a white 4-leaved involucre. 6. C. florida, L. Leaves ovate-lanceolate or ovate, at length smooth on both sides ; flowers greenish ; drupes ovoid, red. — Oak woods, common. May. — A small tree. Wood hard and close-grained. Leaves of the involucre cmar- ginate and thickened at the summit, showy. 2. NYSSA, L. SOUR GUM. Flowers dicecio-polygamous. Sterile flowers in many-flowered heads or cymes. Calyx 5-parted. Stamens 5-10. Petals and pistil none.^ Fertile flowers single or few in a head. Calyx-limb 5-toothed or obsolete. Petals 5, minute, or want- ing. Stamens 5-10, mostly sterile. Style long, revolute. Stigma decurrcnt. Ovary 1 -celled. Drupe 1-seeded. — Trees or shrubs. Leaves alternate, entire or rarely toothed, finely reticulated. Flowers small, greenish, on axillary or lateral peduncles. * Sterile flowers in loose clusters. 1. !N. multiflora, Wang. Leaves oval or obovate, mostly acute, tomen- tose when young, at length shining above ; fertile peduncles long and slender, 3 - 8-flowered ; drupes ovoid, dark blue. — Rich upland woods, Florida to Mis- sissippi, and northward. May. — A tree 30° - 50° high, with widely spreading branches. Leaves rather thick, dark green, 2' -5' long. Fertile peduncles 1^'- 3' long. Drupe £' long. 2. N. aquatica, L. Branches, leaves, &c. tomentose when young, at length nearly smooth ; leaves short-petioled, varying from lanceolate to orbicu- lar, obtuse, sometimes slightly cordate ; peduncles short, the fertile ones 1-2- flowered ; drupes oval, blue. — Ponds and swamps, Florida to North Carolina, and westward. April and May. — A large tree, or in pine-Barren swamps sometimes a mere shrub. Leaves 1'- 2' long. Peduncles £'-1' long. Drupe smaller than in the last. 3. "N. uniflora, Walt. Leaves large, long-petioled, ovate or oblong, acute, entire or sharply toothed, tomentose beneath, the lower ones often cordate ; fer- tile peduncles elongated, 1-flowered ; drupes ovate-oblong, dark blue. (N. tomentosa, Michx. N. grandidentata, Michx. f.) — Deep swamps and ponds, Florida to North Carolina, and westward. April. — A large tree. Leaves 4' - 6' long. Drupe 8" - 12" long. * * Sterile flowers capitate. 4. N. cap itata, Walt. (OGEECHEE LIME.) Leaves large, short-petioled, oblong, oval or obovate, mucronate or acute, tomentose beneath ; flowers below the leaves, the fertile ones perfect, solitary, on very short peduncles ; drupe ob- long, red. — Swamps, Florida and Georgia, near the coast, and westward. — A small tree. Leaves 3' - 5' long. Drupe 1' long, agreeably acid. CAPRIFOLIACE^E. (HONEYSUCKLE FAMILY.) 169 DIVISION II. MONOPETALOUS EXOGENOUS PLANTS. Floral envelopes double, consisting of both calyx and corolla ; the latter of more or less united petals. ORDER 69. CAPRIFOLIACE^E. (HONEYSUCKLE FAMILY.) Chiefly trees or shrubs, with opposite leaves, and no stipules. Calyx- tube adherent to the ovary, the limb 4 - 5-toothed or lobed. Corolla tubu- lar or rotate, 4 - 5-lobed. Stamens as many as the lobes of the corolla, and alternate with them, inserted on its tube. Ovary 2 - 5-celled, with 1 - many pendulous ovules in each cell. Fruit mostly baccate or drupaceous. Seeds anatropous. Embryo small, in the axis of fleshy albumen. Synopsis. * Corolla tubular. Style slender. Stigma capitate. 1. SYMPHORICARPUS. Corolla campanulate. Berry 4-celled, 2-seeded. Erect shrubs. 2. DIERVILLA. Corolla funnel-shaped. Capsule 2-celled, 2-valved, many-seeded. Erect shrubs. 3. LONICERA. Corolla tubular. Berry 1-3-cel led. Chiefly woody vines. 4. TRIOSTEUM. Corolla tubular. Drupe bony, 3 - 5-seeded. Herbs. * * Corolla rotate. Stigmas 3-5, sessile. Flowers in cymes. 5. SAMBUCUS. Leaves pinnate. Berry 3 - 5-seeded. 6. VIBURNUM. Leaves simple. Drupe 1-seeded. 1. SYMPHORICARPUS, Dill. SNOWBERRY. Calyx-tube globose, the limb 4 - 5-toothed, persistent. Corolla campanulate, nearly regular, 4 -5-lobed. Stamens 4-5, inserted on the throat of the corolla. Ovary 4-celled, 2 of the cells with several abortive ovules, the other two with a single suspended fertile ovule in each. Berry 4-celled, 2-seeded. Seeds bony. — Erect shrubs with entire leaves, and white or reddish flowers in axillary spikes or clusters. 1. S. Vlllgaris, Michx. Leaves oval, downy beneath; flowers in small axillary clusters; corolla smoothish within; berries red. (Symphorea glome- rata, Pers.) — Dry soil among the mountains, Georgia, and northward. July- gept. — Shrub 2° -3° high. 2. DIERVILLA, Tourn. Calyx oblong or cylindrical, narrowed above, with 5 subulate teeth. Corolla funnel-shaped, 5-lobed. Stamens 5. Capsule 2-celled, septicidally 2-valved, many-seeded. — Low shrubs, with ovate or oblong acuminate sen-ate deciduous leaves, and axillary and terminal cymose flowers. 1. D. trifida, Moench. Leaves ovate or oblong-ovate, distinctly petioled, pubescent, ^especially on the veins above ; peduncles mostly 3-flowered ; capsule 15 170 CAPRIFOLIACEuE. (HONEYSUCKLE FAMILY.) ovoid-oblong, narrowed into a neck above. — Mountains of North Carolina. June. — Stem 2° -4° high. Flowers greenish-yellow. 2. D. sessilifolia, Buckley. Leaves ovate-lanceolate, closely sessile and somewhat clasping ; peduncles many-flowered ; capsule cylindrical-oblong, nar- rowed into a short neck above. — With the preceding. — Leaves and capsule larger than in that species. 3. LONICEBA, L. WOODBINE. HONEYSUCKLE. Calyx ovoid, 5-toothed. Corolla tubular, 5-cleft, often bilabiate, and gibbous near the base. Stamens 5. O vary 2 - 3-celled, with several ovules in each cell. Berry 1 - 3-celled, several-seeded. Seeds bony. — Erect or twining shrubs, with entire, often connate leaves. Flowers by pairs or in spiked whorls. 1. L. sempervirens, Ait. Stem twining; leaves oblong or lanceolate, pale and tomentose beneath, the upper pair shorter and connate ; spikes ter- minal ; whorls distinct ; corolla nearly equally 5-lobed, scarlet or orange with- out, yellow within. (Caprifolium, Ell,) — Margins of swamps, Florida, and northward. April - Sept. — Leaves perennial. Corolla 2' long. 2. L. grata, Ait. Stem twining; leaves obovate, glaucous beneath, the 2 or 3 upper pairs connate ; whorls of flowers axillary and terminal ; corolla bi- labiate, the tube long and slender. — Mountains of Carolina, and northward. May. — Young branches often hairy. Corolla 1 ^' long, with a red or purplish tube and a white limb, changing to yellow. Berry orange-red. 3. L. flava, Sims. Smooth and somewhat glaucous ; stem scarcely twining ; leaves oval or obovate, the upper pairs connate ; whorls of flowers crowded, ter- minal; corolla slender, bilabiate. — Banks of rivers in the upper districts of Georgia and South Carolina. June and July. — Corolla 1' long, bright yellow; the 4-cleft limb nearly as long as the tube. 4. L. parviflora, Lam. Smooth; stem twining; leaves elliptical, glau- cous beneath, all more or less connate ; whorls of flowers crowded, peduncled ; corolla short, bilabiate, gibbous at the base; stamens hairy below. — Mountains of North Carolina. — June. — Corolla 8" -10" long, yellow and purplish. 4. TRIOSTETJM, L. FEVER-WORT. Calyx ovoid, with 5 leafy linear-lanceolate persistent lobes. Corolla tubular, equally 5-lobed, rather longer than the calyx. Stamens 5. Ovary 3-celled, with a single ovule in each cell. Fruit a dry drupe containing 3 bony nutlets. — Perennial hairy herbs, with large leaves, narrowed but connate at the base, and sessile axillary flowers. 1. T. perfoliatum, L. Stem soft-hairy; leaves oval, acuminate, entire, hairy above, tomentose beneath ; flowers commonly clustered, brownish-purple. — Shady woods in the upper districts. June and July. — Stem 2° - 4° high. Leaves 4' -7' long. 2. T. angustifolium, L. Stem hirsute ; leaves lanceolate or oblong, acuminate, hirsute above, pubescent beneath ; flowers mostly solitary ,"yellowish. — Shady rich soil among the mountains. June. — Plant smaller than the last. CAPRIFOLIACEJ2. (HONEYSUCKLE FAMILY.) 171 5. SAMBUCUS, Tourn. ELDER. Calyx-lobes minute or none. Corolla rotate, 5-lobed. Stamens 5. Fruit a globular baccate drupe, containing three 1 -seeded nutlets. — Shrubs, with pinnate leaves, and white flowers, in ample terminal cymes. 1. S. Canadensis, L. Leaflets 7-11, oblong, serrate, smoothish, acute, the lower ones often 3-parted ; cymes flat, 5-parted ; fruit black. — Low grounds, common. June and July. — Stem 4°- 16° high, the straight young shoots with large pith. 2. S. pubens, Michx. Leaflets 5 - 7, oblong, serrate, pubescent beneath; cymes paniculate, pyramidal ; fruit red. — Mountains of North Carolina, and northward. June. — Shrub 6° - 10° high. Cymes smaller than in the last. 6. VIBURNUM, L. HAW. SLOE. Calyx minute, 5-toothed. Corolla rotate or somewhat campanulate, 5-lobed. Stamens 5. Ovary 1 - 3-celled, one of the cells containing a single ovule, the others empty. Drupe baccate, containing a single compressed bony nut. — Shrubs or small trees. Leaves lobed or undivided, the petioles sometimes winged. Flowers in terminal cymes, small, white ; the marginal ones occasion- ally radiant and sterile. # Sterile and radiant flowers none. •- Cymes sessile. 1 . V. prunifolium, L. Leaves thin, obovate or roundish, mostly obtuse, finely and sharply serrate, smooth and glossy, or the veins beneath and more or less dilated petioles rusty-pubescent ; cymes large, 4 - 5-rayed ; drupe oblong- ovoid, black. — Dry rich woods, Florida to Mississippi, and northward. April and May. — A small tree. Fruit edible. 2. V. LentagO, L. Leaves thin, ovate, acuminate, finely and sharply ser- rate, smooth above, the lower surface and dilated wavy petioles roughened with minute scales when young; cymes 4-rayed ; fruit oval, black. — Mountains of Georgia, and northward. May. — A small tree. 3. V. obovatum, Walt. Leaves small, thick, obovate, or obovate-oblong, obtuse, slightly crenate or entire, smooth ; cymes 3-rayed ; drupe ovoid, black. (V. Isevigatum, Ait.) — River-banks, Florida to North Carolina, and westward. April and May. — A shrub or small tree. Leaves £' - 1' long. Cymes small. H— Cymes peduncled. •w- Leaves palmatety lobed. 4. V. acerifolium, L. Pubescent; leaves roundish or broadly ovate, rounded or cordate at the base, coarsely serrate, 3-lobed above the middle; cymes 7 -rayed ; fruit oval, black. — Dry open woods, West Florida to Missis- sippi, and northward. May and June. — A slender shrub, 2° - 4° high. Leaves 2' - 3' wide, becoming smooth above, sometimes almost entire. •«• ++ Leaves undivided. 5. V. nudum, L. Rusty-pubescent ; leaves varying from oval to lanceo- late, entire or nearly so, thick, becoming smooth above, prominently veined be- 172 RUBIACEJE. (MADDER FAMILY.) neath ; cymes rather short-peduncled, 5-rayed ; fruit ovoid, blue. — Swamps, common. April and May. — Shrub 8° - 12° high. 6. V. dentatum, L. Veins of the leaves beneath with tufted hairs in their axils, otherwise smooth ; leaves round-ovate, slightly cordate, coarsely ser- rate, acute, plicate by the strong impressed veins; cymes long-peduncled, 7- rayed ; calyx smooth, with the lobes obtuse ; fruit small, roundish, deep blue. — Kich damp soil, West Florida to Mississippi, and northward. March - May. — A large shrub. 7. V. SCabrellum, Torr. & Gray. Hairy throughout, and the leaves be- neath stellate-tomentose ; leaves ovate or roundish, often cordate, or rarely cune- ate at the base, rather obtusely and coarsely serrate, short-petioled ; calyx-lobes hairy, acute ; corolla hairy ; cymes 7-rayed ; fruit roundish, deep blue. — Swamps or rocky hills, Florida to South Carolina, in the lower districts, and westward. May and June. — Shrub 8° - 12° high. Leaves thick, 1' - 2' long, or sometimes twice that size. 8. V. pubescens, Pursh. Leaves small, ovate or oblong-ovate, coarsely serrate, hairy above, tomeritose beneath, on very short petioles or the uppermost subsessile ; cymes small, smoothish, 7-rayed; fruit oblong, black. — Mountains of North Carolina. June. — A shrub 2° -3° high. Leaves l'-2' long. * Marginal flowers radiant and sterile. 9. V. lantanoides, Michx. Stem smooth and straggling ; branches, cymes, and lower surface of the round-ovate, cordate, serrate leaves covered with tufted down ; cymes sessile ; fruit ovoid, black. — Deep shades on the mountains of North Carolina. June. — Stem 2° -4° long. Leaves 4' -6' long. Sterile flowers 1; in diameter. OKDER 70. RTJBIACEJE. (MADDER FAMILY.) Herbs, shrubs, or trees. Leaves entire, opposite and united by inter- posed stipules, or whorled. — Calyx-tube adherent to the ovary, or (in Loganieae) free ; the limb 4 - 6-toothed or lobed, or obsolete. Corolla 4-6-lobed, inserted on the throat of the calyx. Stamens 4-6, inserted on the tube of the corolla, and alternate with its lobes. Ovary 2 - 10-' celled, with 1 - several anatropous or amphitropous ovules in each cell. Style mostly solitary. Albumen hard or fleshy. Synopsis. SUBORDER I. COFFEEJE. Ovules and seed solitary in the cells (except No. 7). Calyx-tube adherent to the ovary. § 1. Leaves whorled. Stipules none. 1. GALIDM. Corolla rotate, valvate in the bud. Fruit 2-celled. Herbs. § 2. Leaves opposite, rarely three in a whorl, with stipules interposed. * Herbs. Mature fruit dry. Flowers axillary, single or clustered. 2. SPERMACOCE. Carpels 2, one of them closed by the partition, the other open. Flowers clustered. RUBIACE^E. (MADDER FAMILY.) 173 3. BORRERIA. Carpels 2, both open on the inner face. Flowers clustered. 4. DIODIA. Carpels 2 - 3, bony and closed. Style 2-cleft. Albumen fleshy. 5. ERNODEA. Carpels 2, somewhat fleshy, closed. Style entire. Albumen horny. * * Shrubs. Fruit dry. Flowers in globular peduncled heads. 6. CEPIIALANTIIUS. Carpels 2-4, separating at the base, closed. * * * Shrubs. Fruit fleshy or pulpy. Flowers mostly axillary. i- Ovaries united, forming a compound berry hi fruit. 7. MITCIIELLA. Flowers by pairs. Stamens 4. Berry 4-seeded. 8. MOHINDA. Flowers numerous. Stamens 5- Berry 1-seeded. •<- •- Ovaries and fruit separate. •H- Albumen horny. 9. CHIOCOCCA. Fruit flattened, even. Stigma entire. Seeds suspended. 10. PSYCHOTRIA. Fruit ribbed. Stigma 2-lobed. Seeds erect. •H- -H- Albumen fleshy. 11. STRUMPFIA. Corolla bell-shaped. Anthers subsessile, united. Leaves whorled. 12. GUETTARDA. Corolla salver-form. Anthers subsessile, separate. 13. ERITIIALIS. Corolla subrotate. Filaments slender. SUBORDER II. CINCHONE2E. Ovules and seeds numerous in the cells. Calyx-tube adherent to the ovary. Leaves opposite. Fruit baccate, indehiscent. 14. HAMELIA. Fruit 5-celled. Stigma entire. 15. RANDIA. Fruit 2-celled. Stigma 2-lobed. * * Fruit capsular, loculicidally dehiscent. 16. PINCKNEYA. Shrub. Flowers cymose, terminal. Seeds winged. 17. EXOSTEMMA. Shrubs. Flowers solitary, axillary. Seeds winged. 18. OLDENLANDIA. Herbs. Capsule often free from the calyx above. Seeds wingless. SUBORDER III. LOGAMEJE. Ovules and seeds numerous in the cells. Calyx free from the ovary. Fruit capsular. Leaves opposite. * Herbs. 19. SPIGELIA. Corolla tubular. Style single, jointed. * 20. MITREOLA. Corolla short, 5-lobed. Styles 2, united above. 21. POLYPREMUM. Corolla short, 4-lobed. Style single. ** Evergreen woody vines. -•;.-' 22. GELSEMIUM. Corolla campanulate. Seed winged. 1. GALIUM, L. Calyx-teeth obsolete. Corolla rotate, 3 - 4-lobed. Stamens 3-4. Styles 2, united at the base. Stigma capitate. Fruit double, separating into two 1-seeded closed carpels. Albumen horny. — Slender herbs, with square stems and whorled leaves. Flowers minute. ••— The following species are all perennials. * Fruit baccate : peduncles 1 - 3-JJowered : leaves 4 in a whorl. 1. G. hispidulum, Michx. Stems much branched, slightly roughened, hairy at the joints ; leaves small (2;/-6"), rigid, lanceolate-ovate, rough on the margins and veins beneath, acute ; berry roughened, bluish-black. (Rubia Brownei, Michx. ) — Dry sandy soil near the coast, Florida to North Carolina, and westward. May -Sept. — Stems l°-2° long. Root yellow. Flowers greenish- white. 15* 174 EUSTACES. (MADDER FAMILY.) i 2. G. Tiniflorum, Michx. Smooth ; stems mostly simple, slender, erect ; leaves linear, acute, rough on the margins, punctate beneath ; berry smooth, black. — Dry rich soil, Florida to South Carolina, and westward. June and July. — Stems numerous, 1° high. Flowers white. * * Fruit dry : peduncles commonly 3 — many-flowered. 3. G. trifldum, L. Stems slender, weak, smooth or rough-angled, at length diffuse ; leaves 4-6 in a whorl, unequal, varying from linear to spatu- late-lanceolatc, obtuse, smooth, or rough on the margins and midrib, the upper ones often opposite; peduncles 1 - 3-flowered ; corolla-lobes and stamens often 3; fruit smooth. (G. tinctorium, L.) — Wet places, Florida, and northward. June and July. — Stems 1° - 2° long. Flowers white. Plant dries black. 4. G. triflorum, Michx. Stems weak, diffuse, very rough ; leaves 4-6 in a whorl, lanceolate or elliptical, cuspidate, the upper surface and veins be- neath hispid ; peduncles mostly 3-flowered ; fruit densely uncinate-hispid. — Low shaded places, Florida to Mississippi, and northward. July. — Stems 2° - 3° long. Flowers greenish-white. A smoother form is G. cuspidatum, Muhl 5. G. pilosum, Ait. Stems rigid, hairy or roughened on the angles, branching ; leaves small (4" - 8"), 4 in a whorl, oval, slightly pointed, more or less hairy and roughened, dotted ; peduncles 2-3 times forking ; fruit pedi celled, bristly with hooked hairs. (G. Bermudianum, Ell, apparently a diseased state.) — Dry soil, Florida to Mississippi, and northward. June - Sept. — Stem 1 ° - 3° long. Flowers purple. 6. G. circsezans, Michx. Stems erect, smooth or nearly so ; leaves large (I'-l^'), 4 in a whorl, oval, mostly obtuse, 3-nerved, pubescent; peduncles forking, then spreading and spike-like ; fruit bristly with hooked hairs, nearly sessile, nodding. — Dry open woods, Florida to Mississippi, and northward. July. -j- Stems several, sparingly branched, 1° high. Flowers purple. 7. G. latifolium, Michx. Stems erect, smooth ; leaves thin, 4 in a whorl, ovate-lanceolate, acute, smooth, 3-nerved, dotted, minutely fringed on the mar- gins ; peduncles filiform, 2-3 times forking; fruit smooth. — Mountains of North Carolina, and northward. July. — Stems 1°-1\|° high. Leaves 1'- 2' long. Flowers purple. 2. SPERMACOCE, L. Calyx 2 - 4-parted, persistent. Corolla salver-shaped or funnel-shaped, 4-lobed, vatvate in the bud. Stamens 4, inserted on the throat of the corolla. Stigma simple or 2-cleft. Fruit composed of two 1 -seeded carpels, separating from the apex downward, one of them closed by the partition, the other open. Seeds grooved on the inner face. — Low herbs. Leaves obliquely straight-veined, their bases connected by the bristly-fringed sheathing stipules. Flowers small, in axillary sessile clusters. 1. S. glabra, Michx. Stem 4-angled, smooth, erect ; leaves lanceolate or oblong, acute, roughened on the margins and veins beneath ; clusters globose, RUBIACE^E. (MADDER FAMILY.) 175 dense, many -flowered ; corolla barely longer than the lanceolate calyx-teeth, white, woolly within ; stamens and style included ; fruit obovate. — Banks of livers, Florida and westward. June. 1J. — Stem l°-2° high. 2. S. Chapmanii, Torr. & Gray. Stem erect, smooth, slightly angled ; leaves oblong-lanceolate, acute, rough above and on the margins ; clusters few- flowered ; corolla white, hairy within, 2-3 times as long as the calyx ; stamens and slender style exserted; fruit turbinate. — Dry soil, Florida, Georgia, and westward. July. 1J. — Stem 6'- 12' high. 3. S. tenuior, L. Stem slender, erect or prostrate, branching from the base, terete, smooth ; leaves lanceolate, rough above, remote ; clusters small, mostly few-flowered ; flowers minute, the smooth white corolla barely longer than the subulate teeth of the calyx ; stamens and style included ; fruit ovoid, hairy. — South Florida, in dry soil. (I) — Stem 3' - 12' long. 4. S. involucrata, Pursh. Stem alternately branched, very hispid ; leaves ovate-lanceolate, acuminate, hirsute on both surfaces ; stipules with many bris- tles ; heads terminal, involucrate ; stamens exserted. — Carolina, Frazer. — About a foot high. Leaves somewhat oblique. Flowers white with a very long tube. Pursh. () 3. BOBRERIA, Meyer. Carpels of the fruit separating from the apex downward, both opening length- wise on the inner face. Otherwise like Spermacoce, both in character and habit. 1. B. micrantha, Torr. & Gray. Annual; stem erect, slender, simple or branched above, 4-angled, smooth; leaves remote, lanceolate, mostly obtuse, narrowed at the base, the upper surface and margins rough, the lateral veins obscure ; clusters dense, globose, axillary and terminal ; calyx-teeth 4, subulate, longer than the minute (white) corolla ; fruit ovoid, hairy. — Waste places, Flor- ida. June - August. — Plant 6' - 1 8' high, pale green. Leaves 1' long. 2. B. podocephala, DC., var. pumila. Stems low (3' -6'), smooth, erect or ascending, branching at the base ; leaves smooth, linear, with the mar- gins revolute, those in the axils clustered, the floral ones mostly 4, longer than the solitary terminal long-peduncled globose head; stipular bristles 2-4; fruit pubescent, ovoid, crowned with two subulate spreading calyx-lobes ; corolla somewhat funnel-shaped, mostly 3-lobcd, smooth within ; stigma capitate. — Pine Key, South Florida, Dr. Blodgett. 4. DIODIA, L. Characters chiefly of Spermacoce, but the two bony indehisccnt carpels closed on the inner face. — Herbs. Corolla-tube often long and slender. Flowers few or solitary in the axils of the narrow leaves. 1. D. Virginiana, L. Perennial; stem and leaves smooth, pubescent, or hirsute ; stem prostrate, 4-anglcd ; leaves somewhat fleshy, lanceolate, acute, sessile ; flowers single, or 2 - 6 in a cluster ; corolla hairy within, the tube long 176 RUBIACE^E. (MADDER FAMILY.) and slender ; fruit ovoid, strongly ribbed, crowned with the 2 (rarely 4) linear or lanceolate calyx-teeth. (D. tetragona, Walt. D. hirsuta, Pursh.) — Wet places, Florida to North Carolina, and westward. June - Sept. — Stem 1° - 4° long. Flowers white or purplish. 2. D. teres, Walt. Annual ; stem erect, widely branched from the base, terete, bristly or hairy ; leaves linear or lanceolate, acute, rough ; flowers soli- tary or 2 - 3 together ; corolla funnel-shaped ; fruit obovate, even, crowned with the 4 short calyx-teeth. (Spermacoce diodina, Michx.) — Dry sandy soil, Flor- ida to Mississippi, and northward. July -Sept. — Stem 6' -12' high, some- times prostrate. Flowers purplish. 5. ERNODEA, Swartz. Calyx ovate ; the limb 4 - 6-parted, persistent. Corolla salver-shaped, slender ; the lobes 4-6, re volute. Stamens exserted; anthers linear, erect Style slen- der, longer than the stamens. Fruit obovate, somewhat fleshy, the two separa- ble horny carpels closed. Seeds furrowed on the inner face. — A somewhat shrubby prostrate and smooth plant, with rigid 3-nerved lanceolate leaves, and solitary sessile axillary flowers. 1. E. littoralis, Swartz. — South Florida, along the coast. March and April. — Stems straight, rigid, 4-angled, smooth. Branches short, alternate. Leaves sessile, smooth, acute, the upper ones crowded. Flowers sessile in the upper axils, yellow. Fruit roundish. 6. CEPHALANTHUS, L. BUTTON-BUSH. Calyx obconical, 4-toothed. Corolla tubular, 4-clcft, imbricated in the bud. Stamens 4. Style slender, exserted. Stigma capitate. Fruit diy, obconical, separating from the base into 2-4 one-seeded carpels. Seeds pendulous. Albu- men horny. — Aquatic shrubs, with oval or lanceolate leaves, short entire sti- pules, and white flowers collected into a globose long-peduncled head. Recep- tacle hairy. 1. C. OCCidentalis, L. Smooth, or the young branches and lower sur- face of the ovate-oblong acute leaves pubescent ; peduncles terminal, and in the upper axils. — Ponds and marshes, Florida, and northward. July and August. — Stem 4° -12° high. Leaves petioled, 3' - 5' long, sometimes 3 in a whorl. Heads 1' in diameter. 7. MITCHELLA, L. Flowers by pairs, with their ovaries united. Calyx 4-toothed. Corolla fun- nel-shaped, 4-lobed, hairy within, valvate in the bud. Stamens 4. Style slen- der. Stigmas 4. Fruit composed of two 4-seeded fleshy drupes united, crowned with the 4-toothed calyx. — A smooth creeping evergreen shrub, with small broadly-ovate leaves, minute stipules, and fragrant white terminal flowers. 1. M. repens, L. — Shady woods, Florida to Mississippi, and northward. March and April. — Stem l°-2° long. Leaves 6" -10" long, mostly some- what cordate, shining above, on slender petioles. Corolla ^' long. Fruit red. KUBIACEJL. (MADDER FAMILY.) 177 8. MOKINDA, L. Flowers numerous, their ovaries united into a head. Calyx obscurely toothed. Corolla funnel-shaped, 5-lobed, valvate in the bud. Stamens 5, short. Stylo slender. Stigmas 2, filiform. Fruit composed of 2-4 one-seeded carpels, all united into a fleshy head. — Trees or shrubs. Leaves opposite or whorled. Stipules within the leaves. Flowers terminal, or opposite the leaves. 1. M. Roioc, L. Stem smooth, procumbent or climbing; leaves smooth, lanceolate and acuminate, or obovate oblong and abruptly acute, short-petioled ; stipules broad and short ; flowers small, crimson. — South Florida. March and April. 9. CHIOCOCCA, Browne. Calyx ovate, 5-toothed. Corolla funnel-shaped, 5-lobed, valvate in the bud. Stamens 5, inserted on the base of the corolla ; anthers linear, included. Style slender. Stigma obtuse. Fruit fleshy, roundish, compressed, composed of two oblong 1-seeded nutlets. Seeds suspended. — Shrubs. Leaves smooth, petioled. Stipules connate. Flowers in axillary racemes, white or yellow. 1. C. racemosa, Jacq. Erect; leaves oblong (2' -3' long), acute at both ends ; racemes mostly longer than the leaves, often compound, many-flowered ; corolla many times longer than the calyx-teeth, white, turning yellow. — Varies with the stems prostrate and vine-like, leaves smaller (£'-!' long), more rigid, and longer than the few-flowered simple racemes. — South Florida. — Fruit white. 10. PSYCHOTRIA, L. Calyx ovate, 5-toothed, or nearly entire. Corolla short, funnel-shaped, 4-5- lobed, valvate in the bud. Stamens 4-5. Stigma 2-clcft. Fruit drupaceous, composed of two 1-seeded carpels, mostly ribbed or angled when dry. Seeds erect. Albumen horny. — Shrubs or trees. Leaves opposite, narrowed to a petiole. Stipules sometimes membranaceous and deciduous. Flowers mostly in terminal corymbs or panicles. 1. P. lanceolata, Nutt. Leaves lanceolate, acuminate at each end, the lower surface as well as the branches ferruginous-pubescent ; stipules clasping, ovate, acute or acuminate, deciduous ; corymbs terminal, trichotomous at the base. — South Florida. — Leaves 2' - 3' long. Fruit ovate, red. 2. P. undata, Jacq. Leaves oblong, acuminate at each end, undulate, rugose, and, like the branches, smooth ; stipules round, membranaceous, decidu- ous ; cyme sessile, twice trichotomous, shorter than the leaves ; corolla naked at the throat, hairy at the insertion of the filaments ; fruit (dry) ovoid, 10-ribbed. — South Florida. — Leaves about 3' long. Flowers small. 11. STRUMPPIA, Jacq. Calyx-limb 5-parted ; the lobes acute, erect. Corolla somewhat bell-shaped, deeply 5-parted, the tube very short, the lobes erect, lanceolate, spreading at the apex. Stamens 5, inserted on the base of the corolla ; filaments very short ; 178 RUBIACE^E. (MADDER FAMILY.) anthers thick, cohering in an ovoid-oblong 5-angled tube. Style single, as long as the anthers, villous ; stigma obtuse, 2-lobed. Ovary 2 - 4-celled with a single ovule in each cell. Fruit a 2 -4-celled, 1 - 4-seeded drupe. — A low maritime shrub. Branches roughened by the persistent stipules, trichotomous. Leaves ternate, very rigid, linear, obtuse, entire, the margins revolute. Flowers small, in axillary racemes, shorter than the leaves. Corolla pubescent. Drupe small, red. 1. S. maritima, Jacq. — South Florida, Dr. Blodyett. 12. GUETTARDA, L. Calyx-tube ovoid, the limb tubular, scarcely toothed. Corolla salver-shaped, 4 - 9-lobed, naked in the throat. Anthers 4-9, sessile in the throat of the co- rolla. Style simple. Stigma mostly capitate. Fruit composed of 4 - 9 one-seeded bony carpels, united. — Trees or shrubs, with ovate or lanceolate leaves, and lanceolate deciduous stipules. Peduncles axillary, forking. Flowers sessile. 1 . G. Blodgettii, Shuttl. Leaves membranaceous, elliptical, slightly mu- cronate, feather-veined, rough above, the lower surface, especially the veins, like the branches and cymes, covered with appressed silky hairs ; cymes shorter than the leaves, 5 - 10-nowered ; flowers silky, tetramerous (rarely trimerous) ; stigma entire ; fruit globose, composed of 4 nutlets surrounded by 8 empty cells ; calyx- limb truncate, cleft on one side. — South Florida. — Leaves !'-]£' long. Fruit as large as a pea. 2. G. ambigua, DC. Leaves coriaceous, elliptical or somewhat obovate, cordate at the base, rugose, muricate above, the lower surface, like the branches and cymes, rusty-tomentose ; cymes longer than the leaves, several-flowered; fruit globose, 4-seeded, without empty cells. — South Florida. — Leaves larger than in No. 1. 13. ERITHALIS, Browne. Calyx ovoid, obscurely 4 - 10-toothed. Corolla somewhat rotate, 4 - 10-parted, with linear spreading lobes. Stamens 4-10, inserted on the base of the corolla : anthers linear. Style simple. Stigma 2-lipped. Fruit globose, ribbed, com- posed of 4-10 one-seeded bony carpels. Seeds suspended. — Smooth shrubs, with opposite petioled leaves, broad and short mucronate sheathing stipules, and axillary panicled flowers. 1. E. fruticosa, L. Leaves coriaceous, oblong, obtuse, shining, narrowed into a petiole ; panicles about as long as the leaves, many-flowered ; flowers mostly tetramerous, small ; fruit 5-ribbed, 6 - 10-celled. — South Florida. — Leaves 2' -3' long. Flowers small, white. 14. HAMELIA, Jacq. Calyx oval, 5-toothed. Corolla tubular, somewhat 5-angled, 5-lobed. Sta- mens 5, inserted into the tube of the corolla : anthers linear. Style simple. Stigma obtuse. Berry ovoid, 5-furrowed, 5-celled, many-seeded. Seeds minute, (MADDER FAMILY.) 179 compressed. — Shrubs, with opposite or whorled oblong petioled leaves, lanceo- late stipules, and orange-colored flowers, in axillary and terminal cymes. 1 . H. patens, Jacq. Pubescent ; branches angled ; leaves 3 in a whorl, oblong, acute ; cymes terminal, peduncled, umbellate ; corolla cylindrical, the lobes concave at the apex, and mucronate on the back. — South Florida. — Leaves 3' -5' long. Flowers crimson. Berry black. 15. BANDIA, Houst. Calyx obovatc, 5-toothed. Corolla salver-shaped, 5-lobed. Anthers 5, sessile in the throat of the corolla, linear. Style simple, short. Stigma clavate, 2-lobed. Fruit somewhat dry, 2-celled, many-seeded. Seeds wingless. — Branching mostly spiny shrubs, with opposite leaves, and solitary stipules between the petioles. Flowers solitary or in short racemes. 1 . B. aculeata, L. Spiny ; leaves small, obovate, smooth, coriaceous ; flowers solitary, axillary ; corolla (white) hairy in the throat, the tube 2-3 times as long as the calyx, the limb convolute in the bud. (K. latifolia, Lam.) — South Florida. — Branches rigid. Leaves 5" - 10" long, rather longer than the subulate spreading spines. Corolla 3" -4" long. Fruit ovoid, as large as a pea, about 6-seeded. Sinuses of the calyx hairy. 2. B. ? Clusiaefolia. Spineless ; leaves large, clustered at the end of the branches, obovate, smooth, mucronate ; stipules large, ovate, persistent ; racemes terminal, corymbose, shorter than the leaves ; calyx-teeth subulate ; corolla smooth within, fleshy, the tube many times longer than the calyx, the limb lanceolate, convolute in the bud. (Gardenia clusirefolia, Jacq. ?) — South Flor- ida.— Leaves 3' -4' long, 2' wide, apparently somewhat fleshy, black when dry. Corolla 1' long. 16. PINCETTE YA, Michx. GEORGIA BARK. Calyx oblong-obovate, 5-lobed ; the lobes lanceolate, deciduous, or one of them, in the outer flowers, often transformed into a large colored leaf. Corolla tubular, hairy, with 5 linear-oblong revolute lobes, slightly imbricated in the bud. Stamens 5, exserted : anthers oblong. Stigma obtuse. Capsule globose, papery, 2-celled, opening loculicidally at the apex, and at length septicidally to the base. Seeds numerous, in 2 rows, horizontal, membranaceous, winged. — A shrub or small tree, with pubescent branches. Leaves large, oval or oblong, acute, smoothish above, the lower surface, like the terminal compound cyme, hoary- pubescent. Stipules linear, deciduous. 1. P. pubens, Michx. — Marshy banks of streams in the pine barrens, Florida to South Carolina. May and June. — More conspicuous for its ovate pink-colored floral leaves, than for its purplish spotted corolla. 17. EXOSTEMMA, DC. Calyx obovate or tubular ; the limb 5-toothed, persistent. Corolla-tube very long, terete ; the limb with 5 long linear recurved lobes, valvate in the bud. 180 RUBIACE^E. (MADDER FAMILY.) Stamens 5, exserted. Style filiform, thickened above. Stigma obtuse or 2-lobed. Capsule coriaceous, ovoid, 2-celled, opening loculicidally at the apex, and septi- cidally nearly to the base, many-seeded. Seeds circular, imbricated, winged. — Trees or shrubs. Leaves opposite. Stipules solitary. Flowers white or reddish. 1. E. Caribseum, R. & S. Smooth; branches slender; leaves ovate- lanceolate, acuminate ; peduncles axillary, solitary, 1 -flowered ; corolla as long as the leaves. — South Florida. — Shrub 6° - 12° high. Corolla 2' long, fragrant. 18. OLDENLANDIA, Plum. BLUETS. Flowers tetramerous (except No. 8). Calyx 4-toothed, persistent. Corolla funnel-shaped, salver-shaped, or wheel-shaped, 4-lobed, imbricated in the bud. Stamens 4. Stigma mostly 2-lobed. Capsule roundish or obcordatc, 2-celled, opening loculicidally at the apex, which is often free from the calyx. Seeds few or many, wingless. — Chiefly small herbs, with opposite leaves. Stipules united with the petioles, sometimes fringed with bristles. Flowers small, white or pur- plish. Corolla salver-shaped, longer than the calyx, smooth : flowers dimorphous, — some of them bearing exserted stamens and an included style, while others bear included stamens and an exserted style : peduncles axillary, solitary : capsule broad, free at the apex. 1. O. COerulea, Gray. Annual or biennial, smooth; stems tufted, fork- ing; leaves lanceolate, those at the base spatulate, clustered; peduncles elon- gated, erect or spreading. (Houstonia coerulea, L. II. patens, Ell.) — Moist banks, Florida to Mississippi, and northward. February and March. — Stems 3' - 6' high. Corolla blue or white, yellow in the throat. 2. O. serpyllifolia, Gray. Perennial, smooth ; stems filiform, prostrate, branching ; leaves ovate or roundish, abruptly contracted into a long and slen- der petiole ; peduncles elongated, terminal and in the forks of the stem. (Hous- tonia serpyllifolia, Michx.) — High mountains of North Carolina. — Stems 6'- 12' long. Peduncles 1 ' - 2' long. 3. O. rotundifolia, Gray. Perennial; stems diffuse, creeping; leaves round or oval, fleshy, abruptly contracted into a short petiole ; peduncles mostly shorter than the leaves, recurved in fruit; flowers white. (Houstonia rotundi- folia, Michx.) — Sandy soil near the coast, Florida to South Carolina, and west- ward. February and March, and bearing apetalous fruiting flowers through the year. * * Corolla funnel-shaped : flowers diueciously dimorphous : capsule free at the apex : stem ^-angled : flowers in terminal cymes. 4. O. purpurea, Gray. Pubescent ; stem branching, erect ; leaves ovate or lanceolate-ovate, sessile, 3-5-ribbed; calyx-lobes longer than the capsule; corolla purple or nearly white, slightly hairy within ; capsule roundish. (Hous- tonia purpurea, L.} — Woods, Mississippi to North Carolina, and northward. June and July. — Stems 8'- 12' high. Calyx-lobes occasionally 3-4 times the length of the capsule. RUBIACEJS. (MADDER FAMILY.) 181 Var. longifolia, Gray. Smooth; leaves lanceolate or linear, 1-ribbed, the lowest spatulate-oblong ; calyx-lobes as long as the globose capsule. (Hous- tonia longifolia, Willd.) — With the preceding. Var. tenuifolia, Gray. Branches and pedicels filiform, spreading ; leaves remote, narrow-linear; flowers and capsules smaller. (Houstonia tenuifolia, Nutt.) — Mountains of North Carolina. July. 5. O. angustifolia, Gray. Smooth; root woody; stems clustered, erect, branching above ; leaves linear ; cymes crowded, with the central flowers nearly sessile; corolla white, very hairy within; capsule ovoid, as long as the calyx - teeth. (Hedyotis stenophylla, Torr. $• Gray.) — Sandy pine barrens, Florida, and westward. June and July. — Stems 1° - 2° high. Var. filifolia. Stem shrubby at the base, diffusely branched ; leaves filiform, remote ; cymes scattered, 3-flowered, the slender pedicels equal and spreading ; capsule obcordate, rather longer than the calyx-teeth, the upper half free. — South Florida. — Stem slender, 6' -10' long. Flowers and capsules very small. * =* * Corolla wheel-shaped, shorter than the calyx-lobes : /lowers axillary and termi- nal, single or clustered, sessile : stamens and style very short : capsule enclosed in the calyx-tube : perennial: stipules fringed, 6. O. Boscii. Stems 4-angled, smooth, diffuse ; leaves linear ; flowers sin- gle, or 2-3 together; corolla white or purplish; capsule ovoid. (Hedyotis Boscii, D (7.) — River-banks, Florida to South Carolina, and westward. July. — Stems 6' -10' long. 7. O. glomerata, Michx. Stems terete, smooth or pubescent, branching ; leaves oblong or oval, short-petioled ; clusters dense, many-flowered ; corolla greenish- white. (Hedyotis glomerata, EH.) — Wet places, Florida to North Carolina, and westward. July. — Stems 10'- 15' high. * * * * Corolla funnel-shaped, 5-lobed, longer than the calyx-teeth : floivers axillary and terminal, pentamerous: capsule top-shaped, included in the calyx-tube: annual: stipules fringed. 8. O. Halei. Stem weak, diffuse, forking; leaves oval-oblong, acute at each end, somewhat fleshy ; flowers solitary, or in short 3 - 5-flowered cymes, white. (Hedyotis Halei, Torr. $° Gray.) — Banks of rivers, South Florida, and westward. July. 19. SPIGELIA, L. PINKROOT. Calyx 5-parted; the lobes linear-subulate, persistent. Corolla tubular-fun- nel-shaped, 5-lobed, valvate in the bud. Stamens 5 : anthers linear. Style slender, jointed, hairy above. Stigma capitate. Capsule composed of two few- seeded carpels, which at length separate at the base and open loculicidally. — Herbs. Leaves opposite. Flowers in one-sided terminal spikes, rarely solitary. 1. S. loganioides, A. DC. Stem simple, ascending, somewhat 4-angled, the upper part and joints slightly puberulent ; leaves ovate or obovate, sessile, the upper surface and margins roughish ; flowers axillary, solitary, or the ter- minal ones three in a cluster ; tube of the corolla more than twice as long as the 16 182 RUBiACEuE. (MADDER FAMILY.) calyx-lobes. (Coelostylis, Torr. fr Gray.) — Near Fort King, East Florida. — Stem 6' - 10' high. Leaves 4'-' - 9" long. Corolla 4" long, white. 2. S. gentianoides, Chapm. Stem erect, simple, 4-angled, roughish; leaves roundish, ovate, or oblong, sessile, acute, the upper surface and margins roughened ; spikes terminal, few-flowered ; lobes of the corolla connivent ; sta- mens and style included. — Light dry soil, West Florida. May and June. — Stem 6' - 10' high. CoroUa 6" - 10" long, pale rose-color. 3. S. Marilandica, L. Stem simple, erect, smooth, 4-angled; leaves ovate-lanceolate, or oblong, acute, sessile, pubescent on the veins ; spikes termi- nal, many-flowered, sometimes forking ; corolla long, slender, the lobes spread- ing; anthers and style exserted. — Rich woods, Florida to Mississippi, and northward. May and June. — Stem l°-2° high. Corolla l£' long, scarlet, yellow within. — A popular vermifuge. 20. MITBEOLA, L. MITRE-WORT. Calyx 5-parted. Corolla short, 5-lobed, valvate in the bud, the tube roundish, bearded in the throat. Stamens 5, included : anthers ovate. Styles 2, short, united above. Stigma capitate. Capsule 2-parted, mitre-shaped, many-seeded, the two lobes opening on the inner face near the apex. Seeds oval, concave. — Smooth herbs, with opposite leaves, and small white flowers in terminal and axillary cymes, with the simple branches recurved in the bud. 1. M. petiolata, Torr. & Gray. Stem branching; leaves thin, oblong, acute, narrowed into a petiole. (Ophiorhiza lanceolata, Ell.) — Muddy banks, Florida to North Carolina, and westward. June - Sept. (i) — Stem 4-angled, lo _ go high. Leaves 2' - 3' long. 2. M. sessilifolia, Torr. & Gray. Stem simple, 4-angled ; leaves thick, ovate of roundish, strongly veined, sessile, rough on the margins ; flowers and capsule very small. (Ophiorhiza Mitreola, Michx.) — Varies with lanceolate obscurely-veined leaves, and larger flowers and fruit. — Grassy swamps, Florida to North Carolina, and westward. July -Sept. (1) — Stem 6' -18' high. Leaves 6" - 10" long. Plant pale green. 21. POLYPREMUM, L. Calyx deeply 4-parted, persistent. Corolla wheel-shaped, bearded in the throat, 4-lobed, imbricated in the bud. Stamens 4. Style single, very short. Stigma ovoid, entire. Capsule ovoid, compressed, 2-celled, loculicidally 2-valved, many-seeded. — A low smooth perennial herb, with 4-angled forking stems, linear acute leaves, their bases united by the membranaceous stipules, and solitary ses- sile white flowers in the forks of the stem. 1. P. procumbens, L. — Waste places, Florida to North Carolina. June - Sept. — Stems 6' - 10', erect or prostrate, clustered. Flowers very small, the corolla barely longer than the calyx-lobes. VALERIANACE^E, (VALERIAN FAMILY.) 183 22. GELSEMIUM, Juss. YELLOW JESSAMINE. Flowers dimorphous. Calyx 5-parted, persistent. Corolla funnel-shaped, 5- lobed ; the lobes rounded, emarginate, spreading, quincuncial in the bud, the sinuses impressed. Stamens 5, inserted near the base of the corolla : anthers oblong-sagittate, extrorse. Styles united, filiform, partly persistent. Stigmas 4, linear, spreading. Capsule oblong, compressed, 2-celled, opening septicidally to the middle, and loculicidally at the apex, each valve tipped with the persistent base of the styles. Seeds several, oval, flat, winged, obliquely imbricated in two rows. — A smooth woody vine, with opposite evergreen* leaves, minute stipules, and large yellow fragrant flowers, in axillary bracted and cluster-like racemes. 1. G. sempervirens, Ait. — Margins of swamps, and river-banks, Flor- ida to North Carolina, and westward. March and April. — Stem twining, pur- plish. Leaves lanceolate or ovate, acute or subcordate at the base, short-petioled. Racemes few-flowered. Pedicels scaly. Corolla lf- 1£' long. ORDER 71. VALERIANACE^E. (VALERIAN FAMILY.) Herbs with opposite exstipulate leaves, and cymose flowers. — Calyx- tube adherent to the ovary. Corolla tubular or funnel-shaped, mostly 5- lobed, imbricated in the bud. Stamens distinct, fewer than the corolla- lobes, and inserted into its tube. Ovary 3-celled, two of which are empty, the third containing a single suspended anatropous ovule. Style slender. Stigmas 1-3. Fruit 1 - 3-celled, 1-seeded. Albumen none. 1. VALEBIANA, Toura. VALERIAN. Limb of the calyx composed of several plumose bristles, at first incurved, afterward spreading. Corolla gibbous at the base, 5-lobed. Stamens 3. Fruit 1-celled, 1-seeded. — Perennials. 1. V. scandens, L. Smooth; stem climbing ; leaves on slender petioles, ternately divided ; leaflets ovate, entire ; cymes paniculate, diffuse, axillary and terminal ; corolla very short. — East Florida. 2. V. pauciflora, Michx, Smooth; stem (l°-3°) erect, or decumbent at the base, simple ; leaves membranaceous, toothed or serrate, the radical ones mostly entire, ovate or cordate, long-petioled, the others pinnately 3 - 7-lobed ; cymes terminal, in a close panicle ; tube of the pale pink corolla long and slen- der. — Mountains of Tennessee, and northward. June and July. 2. 3TEDIA, Moench. LAMB-LETTUCE. Calyx-limb toothed or obsolete. Corolla funnel-shaped, 5-lobed. Statnens 3. Fruit 3-celled, two of the cells empty and sometimes confluent into one, the other 1-seeded. — Annual herbs, with forking stems, opposite entire or lobed leaves, and white or purplish flowers in crowded bracted cymes. 184 COMPOSITE. (COMPOSITE FAMILY.) 1. P. radiata, Michx. Leaves oblong, the upper ones clasping and toothed at the base ; fruit mostly downy, ovoid, with a furrow between the parallel and contiguous empty cells ; flowers white. — Kiver-banks, Florida, and northward. February and March. — Stem 6' - 12' high. ORDER 72. COMPOSITE. (COMPOSITE FAMILY.) Flowers clustered in a dense head upon a common receptacle, and sur- rounded by an involucre. Calyx united with the ovary ; the limb (pap- pus) either obsolete, or forming a cup-like or toothed border, or divided into chaffy scales or bristles. Corolla superior, flat or funnel-shaped, 5- (rarely 4-) lobed, valvate in the bud. Stamens alternate with the lobes of the corolla, and inserted into its tube : anthers cohering in a cylinder (syngenesious). Style single : stigmas 2. Fruit (achenium) dry and seed- like. Seed solitary, erect, without albumen. Radicle inferior. — Herbs or shrubs. Leaves without stipules. Involucre composed of short or leafy bracts (scales of the involucre}, arranged in 1-many series. Receptacle naked, or furnished with scales (chaffy). Heads with the flowers all tubu- lar (discoid), or all strap-shaped, or the marginal ones strap-shaped or ligulate (radiate). Artificial Synopsis of the Genera. SUBORDER I. TUBULIFLOR^. Corolla of the perfect flowers tubular, equally 5- (rarely 3 - 4-) lobed. Ray-flowers, when present, ligulate, either pistillate or neutral. § 1. Heads discoid. * Heads with the flowers all perfect. No. Pappus none. Leaves resinous-dotted. Flowers yellow. . . . FLAVERIA. 55 Pappus bristly or hairy. Flowers yellow. Receptacle pointed. . BIGELOVIA. 21 Receptacle flat Nos. 1 & 83 in SOLIDAGO. 20 Receptacle convex RUGELIA. 75 Flowers white, blue, or purple. Receptacle chaffy. Leaves opposite. Flowers white MELANTHERA. 40 Leaves alternate. Flowers purple. CARPHEPHORTJS. 8 Receptacle bristly. Leaves spiny CIRSIUM. 78 Leaves not spiny, cordate LAPP A. 79 Receptacle naked. Scales of the involucre in a single row CACALIA. 73 Scales of the involucre in 2 or more rows. Pappus double, the outer row very short VERNONIA. 1 Pappus single. Achenia ribbed or striate. Pappus plumose. Flowers cream-colored KUHNIA. 10 Pappus scabrous. Leaves cordate BRICKELLIA. 11 Pappus scabrous. Leaves not cordate LIATRIS. 9 COMPOSITE. (COMPOSITE FAMILY.) 185 Achenia not ribbed, 5-angled. No. Receptacle conical CONOCLINIUM. 14 Receptacle flat. Stems climbing. MIKANIA. 13 Receptacle flat. Stems erect EUPATORIUM. 12 Pappus scaly. Flowers blue or purple. Pappus a cup-shaped border of united scales CCELESTINA. 5 Pappus slender, almost bristly. Pappus deciduous. Heads large and single STOKESIA. 2 Pappus persistent. Heads small, in 3-bracted clusters. . ELEPHANTOPUS. 3 Pappus of 5 oval almost bony scales. Leaves whorled. . » . SCLEROLEPIS. 7 Flowers white. Receptacle naked. Leaves entire, linear or lanceolate. ,. PALAFOXTA. 57 Leaves entire, ovate or cordate AGERATUM. 6 Leaves pinnately lobed. ....... . . . IIYMENOPAPPUS. 58 Receptacle chaffy. Achenium top-shaped. Scales of the pappus 5 - 6. . . . MARSHALLIA. 63 Achenium flat. Pappus 2-awned. ACTINOMERIS. 49 Flowers yellow. Pappus 2 - 4-awned. Awns of the pappus deciduous HELIANTHUS. 47 Awns of the pappus persistent, hispid upward. .... COREOPSIS. 60 Awns of the pappus persistent, hispid downward BIDENS. 62 * * Heads with flowers variously imperfect. Marginal flowers pistillate. Central flowers perfect. Pappus bristly. Scales of the involucre in a single row. ERECHTIIITES. 72 Scales of the involucre in 2 or more rows. Involucre persistent. Leaves sinuate-lobed. CONYZA. 26 Involucre persistent. Leaves entire. Anthers tailed. . . . PLUCHEA. 28 Involucre persistent. Leaves entire. Anthers tailless. . . GNAPHALIUM. 70 Involucre deciduous. Heads spiked. . . . . . PTEROCAULON. 29 Pappus not bristly, 5-lobed TANACETUM. 67 Pappus none • .' ARTEMISIA. 68 Marginal flowers pistillate. Central flowers staminate. Pappus none. Style rigid, persistent. SOLIVA. 69 Pappus none. Style deciduous. Heads nodding IVA. 35 * Marginal flowers neutral. Central flowers perfect CENTAUREA. 77 * * * Heads dioecious or monoecious. Staminate and pistillate heads on the same plant. Fruiting involucre 1-seeded, naked or tubercled AMBROSIA. 36 Fruiting involucre 2-seeded, armed with hooked spines. . . . XANTHIUM. 37 Staminate and pistillate heads on separate plants. Anthers tailed. Hoary herbs ANTENNARIA. 71 Anthers tailless. Smooth shrubs BACCHARIS. 27 §2. Heads radiate. Rays pistillate. Flowers all fertile. Receptacle naked. Rays yellow. Leaves opposite. Pappus none FLAVERIA. 55 Pappus scaly PECTIS. 4 Rays yellow. Leaves alternate. Scales of the involucre in 1 row SENECIO. 74 Scales of the involucre in 2 rows. IIELENIUM. 69 Scales of the involucre in several rows INULA. 25 186 COMPOSITES. (COMPOSITE FAMILY.) Rays white or purple. Pappus none. . . . e . x • Pappus bristly. . . . •'» "••i- . Receptacle pitted. Rays white or purple. Pappus double. Pappus single. Rays about 5. Achenia silky. . Pappus single. Rays numerous. Pappus bristly. . Pappus single. Rays numerous. Pappus scaly. . Rays yellow. Pappus double, of the ray and disk flowers alike. . Pappus double, of the ray flowers none. . . . Pappus single. Leaves opposite. Heads large, single or corymbose. . Leaves alternate. Heads racemed or clustered. Leaves alternate. Heads panicled. , Receptacle chaffy. Involucre double, the outer 4-leaved, 4-angled. . Involucre imbricated or spreading. Maritime shrubs. Pappus 4-toothed. . -• •- .- -. . Herbs. Receptacle conical or elongated. Rays persistent. Corolla-lobes velvety. ." . >;- Rays deciduous. Achenia 3 - 4-angled. . . . Rays deciduous. Achenia compressed. . Receptacle flat. Leaves lobed, alternate Leaves not lobed. Pappus 2-awned. Leaves not lobed. Pappus none. . . Flowers of the disk sterile. Rays yellow. Pappus none. Rays yellow. Pappus a toothed crown Rays yellow. Pappus 2-toothed or awned. Achenia winged. Rays yellow. Pappus 2-toothed or awned. Achenia wingless. Rays white. Receptacle conical " » Rays neutral (without pistils). Receptacle naked, or nearly so. Achenia villous. Pappus scaly, long-awned. Achenia smooth or the angles hairy. Pappus awnless. Receptacle deeply pitted. Margins of the pits entire. Perennial Margins of the pits toothed. Annual Receptacle chaffy throughout. Involucre double. Pappus 2 - 4-awned. Awns of the pappus hispid upward. . . ... Awns of the pappus hispid downward. Achenia beakless. Awns of the pappus hispid downward. Achenia beaked. Involucre simple or imbricate. Pappus a cup-shaped border, or none. Chaff of the receptacle elongated, spine-pointed. Chaff of the receptacle not elongated nor spine-pointed. Pappus 2 -4-awned. Achenia winged. Leaves divided. Receptacle elongated. Achenia winged. Leaves undivided. Receptacle convex. Achenia wingless. Awns of the pappus deciduous. Achenia wingless. Awns of the pappus persistent. . Receptacle chaffy at the apex. Achenia ribbed. No. LEUCANTHEMUM. 66 ERIGERON. 17 DIPLOPAPPUS. 18 SERICOCARPUS. 15 . ASTER. 16 BOLTONIA. 19 CHRYSOPSIS. 24 HETEROTHECA. 23 ARNICA. 76 SOLIDAGO. 20 . ISOPAPPUS. 22 TETRAGONOTHECA. 43 > BORRICHIA. 39 ZINNIA. 41 HELIOPSIS. 42 SPILANTHES. 53 ACHILLEA. 65 VERBESINA. 54 . ECLIPTA. 38 POLYMNIA. 30 CHRYSOGONUM. 31 SILPHIUM. 32 BERLANDIERA. 33 PARTHENIUM. 34 GAILLARDIA. 56 LEPTOPODA. 60 . BALDWINIA. 61 ACTINOSPERMUM. 62 COREOPSIS. 50 BIDENS. 52 . COSMOS. 51 ECHINACEA. 44 . RUDBECKIA. 45 . LEPACHYS. 46 . ACTINOMERIS. 49 HELIANTHUS. 47 HELIANTHELLA. 48 MARUTA. 64 COMPOSITE. (COMPOSITE FAMILY.) 187 SUBORDER II. LABIATIFLOIkE. Corolla of the perfect flowers 2-lipped ; the outer lip 3-lobed, the inner 2-lobed. No. Herb stemless. Scape 1-flowerted. Flower nodding. . . . CHAPTALIA. 80 SUBORDER UI. LIGULIFLOR/E. Corolla of all the flowers li- gulate. \ Pappus none. Achenia many-ribbed » APOGON. 81 Pappus scaly and bristly. Scales of the pappus 5, with 5 intermediate bristles KRIGIA. 82 Scales of the pappus and bristles numerous CYNTHIA. 83 Pappus hairy. Pappus tawny or dirty-white. Flowers erect, rose-color. Leaves filiform LYGODESMIA. 86 i Flowers erect, yellow. Achenia beakless HIERACIUM. 84 Flowers erect, yellow. Achenia long-beaked PYRRIIOPAPPUS. 88 Flowers nodding, whitish or purplish. NABALUS. 85 Pappus clear white (except in one Mulgedium). Achenia conspicuously beaked. Achenia ribbed. Stemless herbs TARAXACUM. 87 Achenia flat. Stems leafy LACTUCA. 89 Achenia beakless or nearly so. Flowers blue. Achenia slightly beaked MULGEDIUM. 90 Flowers yellow. Achenia beakless SONCHUS. 91 SUBORDER I. TRIBE I. VERNONIACE^E. Heads discoid; the flowers all tubular and per- fect : branches of the style terete, filiform, hairy all over ; the stigmatic lines only on the lower part. — Herbs, with alternate leaves and purple flowers. PECTIS alone has pistillate rays and yellow flowers. 1. VERNONIA, Schreb. IRON-WEED. Heads many-flowered, the flowers all equal and tubular. Involucre shorter than the flowers ; the scales closely imbricated in several rows. Receptacle naked. Achenia cylindrical, ribbed. Pappus double; the exterior consisting of very short scale-like bristles, the interior of copious capillary bristles. — Per- ennial herbs, with alternate leaves, and corymbose purple flowers. 1. V. oligophylla, Michx. Stem nearly naked; leaves rough above, pubescent beneath, denticulate ; those at the base large, oval or oblong, the others small, distant, lanceolate; corymb few-flowered, spreading; involucre bell-shaped, the scales lanceolate, acuminate, fringed. — Damp soil, Geor- gia to North Carolina, and westward. July. — Stem 2° high, sparingly branched. 2. V. ovalifolia, Torr. & Gray. Stem pubescent, very leafy, corymbose- branched above; leaves roughish above, pubescent, beneath; the lowest ones oval or oblong, toothed-serrate ; the upper lanceolate and entire ; involucre bell- 188 COMPOSITE. (COMPOSITE FAMILY.) shaped ; scales ovate, acute, fringed. — Dry rich woods, Middle Florida. June and July. — Stem 2° - 3° high. 3. V. Noveboracensis, Willd. Stem more or less pubescent, branched above ; leaves lanceolate, serrate, mostly roughish above, smooth or pubescent beneath ; corymbs spreading ; involucre hemispherical, the scales fringed, ovate, ending in a long filiform point, or simply acute. (V. tomentosa, Ell. V. pras- alta, Willd.) — River-banks and low ground, Florida to Mississippi, and north- ward. July -Sept. — Stem 3°-6° high. Scales of the involucre purple, and usually covered with web-like hairs. 4. V. fasciculata, Michx., var. altissima, Torr. & Gray. Stem tall, and, like the lanceolate serrate leaves, smoothish; involucre small, hemispheri- cal; the scales ovate, acute or mucronate, fringed, appressed. (V. altissima, Nutt.) — Low ground, Florida to North Carolina, dnd westward. September. — Stem 6° - 10° high. Leaves 6' - 1 2' long. 5. V. angustifolia, Michx. Stem slender, smooth or hairy, very leafy ; leaves linear or linear-lanceolate, smoothish, or pubescent and roughish, the low- est ones sparingly denticulate, the upper entire, with the margins revolute ; cor- ymbs mostly umbel-like ; involucre bell-shaped ; the scales lanceolate, fringed, acute or conspicuously mucronate. (V. scaberrima, Nutt.) — Dry pine barrens, Florida to North Carolina, and westward. June - August. — Stem 2° - 3° high. 2. STOKESIA, L'Her. Heads many-flowered ; the marginal flowers much larger, deeply split on the inside, and ray-like. Involucre subglobose, bracted, the outer scales prolonged into a leafy bristly-fringed appendage, the inner ones lanceolate and entire. Re- ceptacle naked. Achenia short, 3-4-angled, smooth. Pappus composed of 4-5 filiform chaffy deciduous scales. — A sparingly branched downy-stemmed perennial. Leaves smooth, lanceolate, entire, the upper ones sessile, and, like the bracts, fringed at the base, the lowest narrowed into a slender petiole. Heads few or solitary, large, terminal. Flowers blue. 1. S. cyanea, L'Her. — "Wet pine barrens, South Carolina, and westward, very rare. — Stems 1° - 1\|° high. Heads 1' wide. 3. ELEPHANTOPUS, L. ELEPHANT'S-FOOT. Heads 3 - 5-flowered, crowded in terminal 3-bracted clusters. Flowers all equal and similar. Involucre compressed ; scales 8, in 2 rows, dry, oblong, acute, dotted. Receptacle naked. Corolla deeply split on one side, palmate. Achenium oblong, ribbed, hairy. Pappus bristly from a dilated base, double or single. — Erect hairy corymbose-branched perennials, with alternate ample leaves, and purple or white flowers. 1. E. Carolinianus, Willd. Stem leafy, hairy; leaves thin, oval or oblong, incurved-serrate, hairy, tapering into a petiole; bracts ovate, longer COMPOSITE. (COMPOSITE FAMILY.) 189 than the heads ; scales of the involucre slightly hairy. — Damp shady soil, Flor- ida to Mississippi, and northward. July and August. — Stem l°-2° high. Leaves 3' -6' long, 2' -4' wide. Flowers purple. 2. E. tomentOSUS, L. Eough-hairy ; stem nearly naked ; radical leaves spreading, obovate-oblong, narrowed into a petiole; stem-leaves (1-2) small, lanceolate ; bracts ovate or cordate, usually shorter than the heads ; scales of the involucre very hairy. (E. nudicaulis, Ell.) — Dry sandy soil, Florida to North Carolina, and westward. June- August. — Stem l°-2° high. Eadical leaves 4' - 10' long, 2' wide, spreading on the ground. Flowers pale purple. 4. PECTIS, L. Heads several-flowered, radiate. Rays pistillate. Disk-flowers somewhat 2- lipped, perfect. Involucre cylindrical. Scales 5 - 8, in a single row. Recepta- cle naked. Branches of the style short, obtuse. Achenium linear. Pappus composed of about five unequal bristle-pointed scales. — Chiefly annuals. Leaves opposite, glandular-dotted, bristly on the margins. Flowers small, yellow. 1. P. linifolia, L. Stem diffusely branched (6'- 12' high) ; leaves linear, connate ; heads small, on long and slender bracted peduncles ; scales of the in- volucre slightly produced at the base ; achenia hairy. — South Florida. TRIBE II. EUPATORIACE^E. Heads discoid,- the flowers all tubular and perfect .- branches of the style, usually elongated, club-shaped, minutely pubescent ; the stigmatic lines obscure. — Flowers white, blue, or purple. 5. CCELESTINA, Cass. Heads many-flowered. Involucre nearly hemispherical ; the scales numerous, imbricated. Receptacle naked or chaffy. Achenia 5-angled. Pappus cup- shaped, truncate or more or less prominently toothed. — Leaves opposite, toothed. Heads in close corymbs. Flowers blue or purple. 1. C. maritima, Torr. & Gray. Stem diffuse, somewhat shrubby at the base, smooth ; leaves ovate, abruptly contracted into a slender petiole ; corymbs few-flowered ; receptacle naked ; pappus a whitish truncated margin. — South Florida. — Stem 1 ° - 2° long. Flowers blue. 6. AGERATUM, L. Receptacle always naked^ Pappus composed of 5-10 distinct scales. Oth- erwise like Coelestina. 1 . A. COnyzoides, L. Leaves ovate, rhombic, or cordate, on rather long petioles ; scales of the pappus 5, slightly serrate, awn-pointed from a broad base. — Wet places near Savannah, Georgia. May. — Pubescence and form of the leaves variable. Flowers white or blue. 190 COMPOSITE. (COMPOSITE FAMILY.) 7. SCLEROLEPIS, Cass. Heads many-flowered. Scales of the involucre linear, imbricated in two rows, equal. Receptacle naked. Corolla 5-toothed. Achenia 5-angled. Scales of the pappus 5, almost horny, oval. — A smooth aquatic perennial herb, with whorled linear leaves, and 1-3 heads of purple flowers, terminating the stem or peduncle-like branches. 1. S. verticillata, Cass. (Sparganophorus verticillatus, Miclix.) — Shal- low ponds, Florida to Mississippi, and northward. July. — Stems ascending, 1° high. Leaves 5 - 6 in a whorl. Heads £' wide. 8. CARPHEPHORUS, Cass. (LIATRIS, Ell] Heads many-flowered. Scales of the involucre imbricated in 3 - 5 rows, ovate or lanceolate, appressed. Receptacle chaffy. Achenia 10-ribbed. Pappus of numerous unequal bearded bristles. — Erect perennial herbs. Leaves alternate. Heads corymbed. Flowers purple. 1. C. Pseudo-Liatris, Cass. Pubescent and somewhat hoary; stem simple, rigid ; leaves linear, appressed, the lowest crowded, elongated ; corymb small, dense, mostly simple ; pedicels bracted ; scales of the involucre lance- olate, acute, hairy. — Open grassy pine barrens, West Florida. September. — Stem 6'- 18' high. Heads rarely racemose. 2. C. tomentOSUS, Torr. & Gray. Stem simple, tomentose; leaves smooth or hairy, gland-pointed ; the lowest oblong or lanceolate, 3-ribbed, nar- rowed into a long clasping petiole, the others numerous, small, oblong or oval, sessile ; corymb loose-flowered ; scales of the involucre very tomentose, the outer ones short, ovate, the inner oblong, acute. (L. Walteri, Ell.) — Low pine bar- rens, North and South Carolina. September. — Stem 2° high. 3. C. COrymboSUS, Torr. & Gray. Stem tall, hairy ; leaves smooth or more or less hairy; the lowest cuneate-lanceolate, obtuse, 1- or obscurely 3- ribbed; the others numerous, small, oblong, sessile; heads about 20, closely corymbed ; scales of the involucre nearly smooth and equal, oval, very obtuse, broadly margined. (L. tomentosa, Ell.) — Margins of swamps, Florida to North Carolina. September. — Stem 2° - 4° high. 4. C. bellidifolius, Torr. & Gray. Smooth ; leaves spatulate-lanceolate, 3-ribbed, obtuse ; heads few in a loose corymb ; scales of the involucre oblong, obtuse, sparingly fringed on the margins; pappus slightly plumose. — Dry sand-hills, Wilmington, North Carolina. ' September. — Stems several from the same root, 12'- 18' high. Heads sometimes panicled. « 9. LIATBIS, Schreb. BTJTTON-SNAKEROOT. Heads few- or many-flowered, the flowers all similar and perfect. Scales of the involucre imbricated. Receptacle naked. Corolla 5-lobed. Achenia nearly terete, narrowed at the base, about 10-ribbed. Pappus of numerous plumose or bearded bristles. — Perennial herbs (rarely shrubby), with mostly tuberous roots COMPOSITE. (COMPOSITE FAMILY.) 191 and simple stems. Leaves alternate, usually entire. Flowers purple, often va- rying into white, commonly dotted with resinous particles. § 1. Root tuberous: leaves very numerous, linear or lanceolate, the lowest broader and tapering at the base, the upper sessile: heads in spikes or racemes: achenia hairy: pappus plumose or bearded: stems simple, or in more vigorous plants sometimes branching below the spikes, and bearing fewer-flowered heads. * Scales of the involucre with petal-like or leafy tips: pappus plumose. 1. L. elegans, Willd. Heads very numerous in a cylindrical raceme, 4- 5-flowered ; inner scales of the involucre petal-like, purple ; stem tomentose ; leaves smooth, the lowest lanceolate. — Dry pine barrens, Florida to South Car- olina, and westward. August. — Stem 2° high. Heads showy. 2. L. squarrosa, Willd. Heads few or numerous, large, many-flowered, cylindrical ; scales of the involucre with leafy spreading tips ; stem pubescent ; leaves smoothish or hairy, long, linear, rigid, 3 - 5-ribbed. — Dry sandy soil, Florida to Mississippi, and northward. July and August. — Stem 1°- 1£° high. Heads 1' long, sessile or terminating short branchlets. Corolla-lobes hairy. * * Scales of the involucre not appendaged. H- Heads 3-6-flowered: pappus conspicuously plumose. 3. L. Boykinii, Torr. & Gray. Nearly smooth; stem slender; leaves linear, dotted; heads 3-4-flowered, rather closely spiked; scales of the invo- lucre smooth, lanceolate or linear, acuminate and spreading at the apex, as long as the pappus. — Near Columbus, Georgia. August and September. — Stem 1 ° - 2° high. Spike 6' - 1 0' long. 4. L. tenuifolia, Nutt. Smooth; stem tall and slender; leaves narrow- linear or filiform, the lowest long and crowded ; heads 5-flowered, in a long and close raceme ; scales of the involucre barely pointed, smooth, purple. — Dry pine barrens, Florida to North Carolina, and westward. September. — Stem 2° -4° high. Racemes often 1-sided. -»- H- Heads 3 -many-flowered: pappus densely bearded. 5. L. pauciflora, Pursh. Stem pubescent, declining; leaves linear, short, smooth; heads 4 - 5-flowered, in a long 1-sided raceme; scales of the involucre oblong-lanceolate, acute, smooth, or pubescent on the margins. (L. secunda, Ett.) — Dry sandy ridges in the middle districts. Alabama to North Carolina. September. — Stem 2° - 3° long. 6. L. Chapmanii, Torr. & Gray. Stem tomentose; leaves smooth or pubescent, linear, rather obtuse; the uppermost very short and bract-like; heads mostly 3-flowered, cylindrical, densely spiked ; scales of the involucre lan- ceolate, acuminate, smooth ; the outer ones much shorter and broader ; corolla and very hairy achenium large. — Dry sandy ridges, Florida. July -Sept. Stem l°-2°high. 7. L. gracUis, Pursh. Stem tomentose and somewhat hoary; leaves smooth or nearly so, the lowest lanceolate, obtuse, long-petioled, the others lin- ear, appressed or spreading, short ; heads small, 3 - 7-flowered, sessile or on slender tomentose and bracted pedicels ; scales of the involucre oblong, rather 192 COMPOSITE. (COMPOSITE FAMILY.) obtuse or mucronate, more or less pubescent ; the edges not margined and com- monly ciliate. — Sandy pine barrens, Alabama, Georgia, and Florida. Septem- ber.— Stem l°-2° high. Varies greatly in the length and direction of the pedicels. 8. L. graminifolia, Willd. Stem usually smooth, and striped with greener lines ; leaves more or less hairy on the upper surface, and fringed near the base ; the lowest lanceolate or linear-lanceolate, elongated, the upper linear ; heads in spikes or racemes, often very numerous ; involucre broadly obconical, 7-14-flowered; the scales oblong-spatulate, rounded at the apex, narrowly mar- gined. (L. gracilis, Ell, a more slender form, with the fewer-flowered heads on longer pedicels.) — Light dry soil, Florida to Mississippi, and northward. Sep- tember. — Stem 2° - 6° high. 9. L. spicata, Willd. Smooth; stem very leafy; leaves linear, erect the lowest very long, obtuse, 3 - 5-ribbed ; the uppermost small and bract-like heads sessile, cylindrical, 8 -12-flowered, crowded in a long cylindrical spike scales of the involucre smooth, obtuse, narrow-margined, purple. (L. resinosa, Nutt., a small form with 5-flowered heads.) — Swamps, Florida to Mississippi, and northward. August and September. — Stem rigid, 2° - 5° high. Spikes sometimes 2° - 3° long. Styles elongated. 10. L. pilosa, Willd. More or less pubescent with long scattered hairs ; stem stout ; leaves linear or linear-lanceolate, elongated, hairy ; heads in a loose simple raceme, 10-1 5-flowered ; scales of the turbinate or campanulate involu- cre glabrous, not punctate, with slight scarious margins, the exterior narrowly oblong, short, very obtuse ; the innermost linear ; achenia pubescent, nearly as long as the densely bearded (almost plumose) pappus. — Henderson County, North Carolina, Curtis. — A stout plant, with the heads 8" -10" long. 11. L. scariosa, Willd. Stem stout, pubescent ; leaves mostly pubescent, the lowest large, oblong or lanceolate, obtuse, the upper linear, acute ; heads large, 15-40-flowered, roundish, sessile or pedicelled; scales of the involucre spatulate or obovate, rounded at the apex, usually with broad and colored mar- gins ; the outer ones with spreading tips. (L. spheroidea, Michx.) — Dry light soil, Florida to Mississippi, and northward. September. — Stem 3° -6° high. Heads sometimes 1' wide. 12. L. heterophylla, Brown. Leaves lanceolate, smooth ; the upper ones linear-lanceolate and much smaller; heads about 10, roundish, spiked, crowded, 15 - 16-flowered ; scales lanceolate, with pointed spreading tips. — Geor- gia to North Carolina, not common. § 2. Root not tuberous : leaves obovate or oblong : heads few-flowered, corytnbed or panided: pappus minutely bearded. 13. L. Odoratissima, Willd. (HOUND'S TONGUE.) Stem herbaceous, smooth ; leaves smooth and often glaucous, obtuse ; the lowest spatulate-obovate, 3 - 5-ribbed, the upper oval or oblong, small, sessile ; heads 7 - 8-flowered, dis- posed in an ample spreading corymb or panicle. • — Flat pine barrens, Florida to North Carolina, and westward. September. — Stem 2° -3° high. The withering leaves exhale the odor of vanilla. COMPOSITE. (COMPOSITE FAMILY.) 193 * 14. L. paniculata, Willd. Stem viscid-pubescent ; leaves smooth ; the lowest spatulate-lanceolate, the upper lanceolate, sessile, small ; heads mostly 5- flowered, in small lateral and terminal corymbs, forming a dense oblong panicle. — Damp pine barrens, Florida to North Carolina, and westward. Sept. and Oct. — Stem 1° - 2° high. 15. L. fruticosa, Nutt. Stem shrubby, smooth ; branches naked above; leaves obovate, not ribbed, the lowest ones opposite ; heads corymbose, 5-flow- ered ; scales of the involucre lanceolate, acute, dotted. — East Florida. — Leaves 1' long. 10. KUHNIA, L. Heads 10-25-flowered. Flowers all similar and perfect. Scales of the in- volucre few and loosely imbricated in 2 - 3 rows. Receptacle naked. Corolla slender, 5-toothed. Achenium cylindrical, many-striate. Pappus a single row of strongly plumose bristles. — A perennial herb, with lanceolate or linear dotted leaves, and heads of yellowish-white flowers in panicled corymbs. 1. K. eupatorioid.es, L. Stem pubescent, or somewhat viscid, mostly branched ; leaves toothed or entire, pubescent, or smoothish beneath, the lower ones sometimes opposite ; corymbs loose or crowded. (K. Critonia, and K. glu- tinosa, Ell.) — Light and dry soil, Florida to Mississippi, and northward. Sept — Stem 2° - 4° high. 11. BBICKELLIA, Ell. Heads few- or many-flowered. Scales of the involucre linear, imbricated, the outer ones shorter. Receptacle flat, naked. Corolla 5-toothed. Achenia cylin- drical, 10-striate. Pappus a single row of bearded bristles. — Perennial herbs, with dotted opposite 3-ribbed leaves, and large heads of pale purple flowers, in terminal corymbs. 1. B. COrdifolia, Ell. Stem erect, tomentose, mostly branching; leaves ovate, serrate, mostly cordate, petioled, the upper ones often alternate ; heads large, 30 - 40-flowered ; achenia nearly smooth. — Light rich soil, "Western Geor- gia and Florida, and westward. Aug. — Stem 2° - 4° high. Flowers showy. 12. EUPATORIUM, Tourn. THOROUGHWORT. Heads 3 - many-flowered. Involucre cylindrical or bell-shaped, the scales in a single row, or imbricated in 2 - several rows. Receptacle flat, naked. Corolla 5-toothed. Achenia 5-angled, the sides smooth and even. Pappus a single row of slender rough bristles. — Perennial and mostly resinous-dotted herbs, with opposite or whorled leaves, and white or purplish flowers. § 1. Heads corymbed. * Scales of the cylindrical involucre numerous, closely imbricated in several rows, the outer ones shorter : heads few- or many-flowered : leaves chiefly opposite. 1. E. ivaefolium, L. Herbaceous; stem (3° -5°) erect, terete, rough- hairy, at length much branched ; leaves lanceolate, acute at each end, nearly 17 194 COMPOSITE. (COMPOSITE FAMILY.) sessile, 3-nerved, sparingly serrate ; corymbs dense ; heads 1 5 - 20-flowered ; scales of the involucre very obtuse, strongly striate. — Near Natchez, Mississippi, and South Florida. July - November. — Flowers blue. * * Scales of the involucre purplish, scarious, obtuse, imbricated in several rows, the outer ones much shorter : leaves whorled: flowers purplish. 2. E. purpureum, L. Smooth or pubescent; stem simple, tall, often spotted or dotted ; leaves petioled, 3-6 in a whorl, varying from lanceolate to ovate, coarsely serrate, roughish ; corymbs large, compound ; heads 5 - 10-flow- ered. — Swamps, rarely in dry woods, Florida to Mississippi, and northward. Aug. -Sept. — Stem 3° -10° high, solid or hollow, even or grooved. A vari- able species, including E. ternifolium, E. maculatum, and E. verticillatum, Ell. # * * Scales of the involucre (green or white] imbricated in 2 — 3 rows, the outer ones shorter: heads 5 - 20-flowered : leaves, achenia, <f~c. dotted with resinous glands: flowers white. H- Heads 5-floivered: leaves undivided, sessile or narrowed into a stalk-like base (except No. 12.) 3. E. hyssopifolium, L. Pubescent; leaves opposite, the upper ones alternate, lanceolate or ovate-lanceolate, coarsely serrate or toothed, 3-ribbed at the base ; scales of the involucre lanceolate, obtuse, mucronate, shorter than the flowers. (E. linearifolium, Walt.) — Varies with the leaves narrow-linear and entire, the lower ones 4 in a whorl, and numerous smaller ones in the axils. — Low ground, Florida to Mississippi, and northward. Sept. — Stem 2° - 3° high. Leaves rigid, sometimes all alternate. • 4. E. cuneifolium, Willd. Pubescent; leaves short, obovate-oblong, sparingly serrate near the summit, or entire, 3-ribbed, mostly very obtuse ; scales of the involucre obtuse, shorter than the flowers. (E. glaucescens, Ell.) — Rich shaded soil, Florida to South Carolina. Sept. — Stem 2° - 3° high. Leaves 1' long, pale and somewhat glaucous on both sides. 5. E. leucolepis, Torr. & Gray. Stem simple, virgate, minutely pubes- cent and roughened ; leaves somewhat remote, lanceolate or linear-lanceolate, acute, serrate, very rough on both sides, obscurely 3-ribbed ; corymbs ample, hoary ; scales of the involucre lanceolate, acuminate, white and scarious at the apex, as long as the flowers. — Flat pine barrens, Florida and northward. Sept. — Stem 2° high. Leaves l'-2' long. C. E. parviflorum, Ell. Tomentose ; stem slender, simple or branched above ; leaves alternate, opposite, or whorled, lanceolate, acute, strongly serrate, 3-ribbed near 'the base, tapering into a petiole ; corymbs large ; scales of the in- volucre lanceolate, obtuse, shorter than the flowers, scarcely longer than the mature achenia. — Margins of ponds and wet places, Florida to North Carolina, and westward. Sept. — Stem 2° high. Leaves 2' long, strongly veined. Flow- ers smallest of all. 7. E. seabridum, Ell. ? Stem, stout, tomentose ; leaves opposite, ovate- lanceolate, acute at both ends, thickly and unequally serrate, rough above, tomen- tose and somewhat glaucous beneath, 3-ribbed from near the base ; corymbs COMPOSITE. (COMPOSITE FAMILY.) 195 ample, dense ; scales of the involucre lanceolate, cuspidate, shorter than the flowers. — Low pine ban-ens, Middle Florida to South Carolina. August. Stem 2° high. Leaves l£' long. 8. E. rotundifolium, L. Stem pubescent, mostly simple ; leaves short, broadly ovate or roundish, obtusely serrate, roughish, mostly truncate at the base, 3-ribbed and somewhat rugose ; corymbs large ; scales of the involucre lanceo- late, acute, shorter than the flowers. — Low pine barrens, Florida to North Caro- lina, and westward. August. — Stem 2° high. Leaves 1' long. 9. E. teucrifolium, Willd. Rough-pubescent; leaves ovate or oblong- ovate, coarsely serrate and sometimes toothed near the base, 3-ribbed ; the upper ones small and remote ; corymbs dense, depressed in the centre ; scales of the involucre lanceolate, mucronate, shorter than the flowers. (E. verbenaefolium, Michx. ) — Damp soil, Florida and northward. Sept. — Stem virgate, 2° - 3° high. Leaves l'-l\|' long, the base rounded or truncate. Branches of the corymb alternate. 10. E. album, L. Rough-pubescent or hairy; leaves oblong or lanceolate, narrowed at the base, toothed-serrate, strongly veined ; corymbs dense ; scales of the involucre lanceolate, smooth, or the outer ones pubescent, longer than the flowers, the acuminate or mucronate tips white and scarious. — Dry sandy soil, Florida to Mississippi, and northward. Sept. — Stem l°-2° high. Leaves 2' long. 11. E. altissimum, L. Stem tomentose; leaves opposite, lanceolate, acute, pubescent, strongly 3-ribbed, sharply serrate above the middle, narrowed at the base ; corymb dense, hoary ; scales of the involucre shorter than the flow- ers, linear-oblong, obtuse. — Sterile soil, North Carolina and westward. Sept. — Stem 3° - 7° high. Leaves 3' - 4' long. 12. E. sessilifolium, L. Smooth; leaves long, lanceolate, acuminate, serrate, rounded and closely sessile at the base ; corymb tomentose ; scales of the involucre oblong, obtuse. (E. truncatum, Ell.) — Open woods, in the upper dis- tricts, Alabama and northward. Sept. — Stem 2° -4° high, mostly branching above. Leaves 3' - 6' long, thin and veiny. 13. E. mikanioides, n. sp. Stem ascending from a creeping base, branching and tomentose above ; leaves opposite, long-petioled, deltoid, glandu- lar-serrate or toothed, truncate or abruptly acute at the base, resinous-dotted above, pubescent on the veins beneath ; the petioles somewhat connate ; corymb ample; scales of the involucre about 10, lanceolate, acute; anthers slightly exserted ; achenia 5-angled, glandular. — Low sandy places, on St. Vincent's Island, West Florida. Sept. — Stem l°-2° high. Leaves !'-!£' long, some- what fleshy. •- •- Heads 6 - 15-jlowered : leaves opposite. •-• Leaves sessile or perfoliate. 14. E. pinnatifidum, Ell. Pubescent; leaves lanceolate, pinnately lobed or pinnatifid, the uppermost linear and entire, the lowest ones whorled ; heads 6 - 9-flowered ; scales of the involucre lanceolate, acute. — Dry soil, Flor- ida to North Carolina. Sept. — Stem 2° - 3° high. 196 COMPOSITE. (COMPOSITE FAMILY.) 15. E. perfoliatum, L. Pubescent or hairy ; leaves lanceolate, acumi- nate, crenate-serrate, rugose, sessile and clasping at the base, or connate-perfoli- ate ; heads about 10-flowered ; scales of the involucre linear-lanceolate, acute. — Low ground, Florida and northward. Sept. — Stem stout, 2° - 3° high. Leaves 6' -8' long. +•• -w- Leaves petioled. 16. E. serotinum, Michx. Pubescent; stem tall, mostly branching; leaves long-pctioled, ovate-lanceolate, acuminate, sharply serrate, 3-ribbed ; heads 12-15-flowered ; scales of the involucre linear-oblong, obtuse; achenia smooth. — Rich soil, Florida to North Carolina, and westward. Sept. — Stem 3° - 6° high. Leaves 4'- 9' long. 17. E. villosum, Swartz. Stem tomentose, branching ; leaves short- petioled, ovate, obtuse or mucronate, rusty-pubescent, denticulate or entire, 3- ribbed ; corymb dense; heads 10-15-flowered; scales of the involucre about 10, equal, linear, obtuse, shorter than the flowers ; anthers slightly exserted ; achenia hispid; pappus shorter than the flowers. — South Florida. — Leaves rigid, !'-!£' long. * * * Scales of the involucre (green) equal, in a single row : heads 8 - 30-jloio- ered : leaves, achenia, 8fc. not resinous-dotted : leaves on slender petioles. 18. E. ageratoides, L. Smooth ; leaves thin, ovate or slightly cordate, acuminate, coarsely and sharply serrate, 3-ribbed ; heads 10 - 20-flowered ; scales of the involucre linear, acutish, slightly pubescent ; achenia smooth. — Rich shaded soil, Florida to Mississippi, and northward. Sept. — Stem commonly branching, 2° - 3° high. Leaves 3' - 5' long. Flowers white. 19. E. aromaticum, L. Pubescent; leaves thickish, ovate, or the low- est cordate, crenate-serrate, roughish, on short petioles, barely acute ; heads 8 - 15-flowered; scales of the involucre linear; achenia smooth. (E. ceanothi- folium, Willd.) — Dry open woods, common. Sept. — Stem 2° high. Leaves 1 ' - 2' long. Flowers white. 20. E. incarnatum, "Walt. Pubescent ; stem slender, reclining, diffusely branched ; leaves on long petioles, deltoid, acuminate, truncate or coulate at the base, coarsely serrate ; corymbs numerous, small ; heads about 20-flowered ; scales of the involucre linear, acute, 2-ribbed ; achenia hispid. — Rich shaded soil, Florida to North Carolina. Sept. — Stem 2° -4° long. Leaves l'-2' long. Flowers pale purple. § 2. Heads in panided racemes: leaves pinnately divided. 21. E. foeniculaceum, Willd. Stem tall, pubescent, paniculately much branched; divisions of the leaves filiform, smooth; heads 3 - 5-flowered ; scales of the involucre smooth, margined, notched at the apex, mucronate ; achenia smooth. — Chiefly in old fields, Florida to North Carolina, and westward. Sept. and Oct. — Stem 3° - 8° high. Flowers white. 22. E. coronopifolium, Willd. Pubescent; stem paniculately branched; divisions of the leaves linear ; heads crowded, 5-flowered ; scales of the invo- lucre mucronate, pubescent, margined ; achenia smooth. — Dry sandy soil, Florida to North Carolina. Sept. and Oct. — Stem 2° -4° high. Flowers white. — Probably a broader-leaved form of the preceding. COMPOSITE. (COMPOSITE FAMILY.) 197 13. MIKANIA, Willd. Heads 4-flowered. Scales of the involucre 4. Receptacle naked, flat. Anthers partly exserted. Corolla, achenia, £c. as in Eupatorium. — Chiefly climbing herbs, with opposite mostly cordate leaves, and whitish flowers. 1. M. scandens, Willd. Smooth or pubescent; leaves on slender peti- oles, acuminate, toothed or entire ; corymbs numerous, on short axillary branches or peduncles ; scales of the involucre linear, acute ; achenia minutely glandular. (M. pubescens, Muhl) — Swamps, Florida and northward. Aug. and Sept. — Stem twining. 14. CONOCLINIUM, DC. Heads many-flowered. Scales of the involucre nearly equal, imbricated in 2-3 rows. Receptacle conical, naked. Corolla 5-toothed. Anthers included. Achenia angled, smooth. — Perennial herbs, with opposite petiolcd serrate leaves, and heads of purple or blue flowers in a terminal corymb. 1. C. COBlestinum, DC. Smoothish; leaves deltoid-ovate, the lowest often cordate, acuminate, coarsely serrate ; heads 30 - 60-flowercd ; flowers blu- ish-purple. (Eupatorium ccelestinum, L.) — Rich soil, Florida and northward. Sept. — Stem 2° high. TRIBE III. ASTEROIDEJE. Heads discoid or radiate; the rays pistillate: branches of the style, in the perfect Jlower, flattened, linear or lanceolate, equally pubescent above on the outside ; the conspicuous stigmatic lines terminating where the exterior pubescence commences. 15. SERICOCARPUS, Nees. Heads 12 - 15-flowcred ; the ray-flowers about 5, white, pistillate ; those of the disk tubular and perfect. Involucre somewhat cylindrical or club-shaped ; the scales cartilaginous, whitish, closely imbricated in several rows, with greenish and more or less spreading tips. Receptacle pitted, toothed. Achenia short, obpyramidal, silky. Pappus simple, composed of numerous capillary bristles. — Perennial herbs. Leaves alternate. Heads crowded in a dense corymb. Disk-flowers yellow. 1. S. COnyzoides, Nees. Stem slightly pubescent, corymbose above; nearly terete ; leaves ciliate on the margins, otherwise smooth, the lower ones spatulate-oblong, serrate above the middle, the upper oblong er lanceolate and entire ; involucre top-shaped ; pappus rust-color. (Aster conyzoides, Willd.) — Dry gravelly or sandy soil, in the middle and upper districts, Georgia and north- ward. August. — Stem 1° - 2° high. 2. S. SOlidagineus, Nees. Smooth ; stem angled ; leaves lanceolate or linear, obtuse, entire, the lowest spatulate ; involucre top-shaped ; pappus white. (Aster solidaginoides, Willd. ) — Low ground in the upper districts. August. — Stem slender, 2° high. Heads smaller than in the last. 17* 198 COMPOSITE. (COMPOSITE FAMILY.) 3. S. tortifolius, Nees. Closely pubescent ; leaves short, obovate, rarely serrate, vertical ; involucre top-shaped ; the scales oblong and slightly spreading at the tips; pappus copious, white. (Aster tortifolius, Michx.) — Sandy pine barrens, Florida to North Carolina, and westward. August. — Stem l°-2° high. Leaves 1' long. 16. ASTER, Tourn. ASTER. STARWORT. Heads many-flowered ; the rays (white, blue, or purple) in a single series, pis- tillate. Scales of the involucre more or less imbricated, mostly with herbaceous or leafy tips. Receptacle flat, pitted. Achenia usually compressed. Pappus a single row" of numerous rough capillary bristles. — Perennial (rarely annual) herbs. Leaves alternate. Disk-flowers yellow, often changing to purple. $ 1. BIOTIA. — Involucre obovate-bell-shaped ; the scales (pale) closely imbricated, and nearly destitute of herbaceous tips: ackenia somewhat 3-angled: bristles of the pappus rigid : leaves large ; the lower ones cordate : heads corymbed. 1. A. COrymboSUS, Ait. Stem slender, smooth; leaves on slender peti- oles, thin, coarsely serrate, acuminate ; the lower ones cordate, the upper oblong ; involucre shorter than the disk, the scales obtuse ; rays 6-9, white. — Shady woods in the upper districts, Georgia and northward. Sept. and Oct. — Stem 1° - 2° high. Leaves 2' -4' long. Corymbs loose. 2. A. macrophyllus, L. Stem stout, rough-pubescent ; leaves large, rather thick, rough, mucronate-serrate, acute ; the lowest broadly cordate, on slender naked petioles ; the upper ovate, on short and winged petioles ; invo- lucre nearly as long as the disk ; the exterior scales rigid, with spreading fringed tips; rays about 10, pale purple. — Low shady woods, in the upper districts of Georgia, and along the mountains, northward. Sept. — Stem l^°-2° high. Leaves 4'- 6' long, 2' -4' wide. § 2. CALLIASTRTJM. — Scales of the involucre imbricated in several rows, coriaceous, usually with herbaceous spreading tips : rays 1 2 or more : achenia nearly smooth : pappus of unequal rather rigid bristles, somewhat thickened upward: leaves rigid, none of them cordate : heads large and showy. 3. A. mirabilis, Torr. & Gray. Rough-pubescent; stem corymbosely branched above ; leaves ovate, mucronate-serrate, sessile : the lowest abruptly narrowed into a petiole ; involucre hemispherical ; the scales oblong-linear, ob- tuse and recurved at the summit ; achenia nearly smooth, striate. — Columbia, South Carolina, Prof. Gibbes. Sept. — Stem 1° - 2° high. — Stem-leaves 1 ' - 3' long. Rays about 20, blue or violet, elongated. 4. A. spectabilis, Ait. Stem corymbose and glandular-pubescent above ; leaves oblong-lanceolate, rough on the upper surface, sessile and entire; the lowest tapering into a petiole, and sparingly serrate ; heads not numerous, single, terminating the branches; involucre nearly hemispherical, as long as the disk; the scales linear-oblong, with obtuse and spreading glandular tips. (A. surcu- losus 1 Ell., with obovate-oblong, mostly sen-ate leaves, and broader scales of the involucre.) — Pine barrens, Florida and northward. Sept. and Oct. — Rhizoma slender. Stem 1°- 2° high. Leaves 2' - 4' long. Heads %' in diameter. Rays about 20, 1 ' long, deep violet. COMPOSITE. (COMPOSITE FAMILY.) 109 5. A. gracilis, Nutt. Stem slender, slightly pubescent, corymbose at the summit ; leaves rough, oblong, partly clasping, entire ; the lowest obscurely cre- nate and narrowed into a petiole ; heads corymbose ; involucre (whitish) obconi- cal, as long as the disk ; the scales very unequal, acute, the lower ones much shorter, green and slightly spreading at the tips. — North Carolina and Tennes- see. Sept. — Stem l°-2° high. Leaves l'-2' long. Heads smallest of this group. Rays about 12, violet. 6. A. surculosus, Michx. Stems several from a creeping caudex, slen- der, pubescent above ; leaves lanceolate or linear-lanceolate, acute, smooth, the margins rough and sometimes sparingly serrate, clasping ; the lowest narrowed into a petiole ; heads solitary, or 3 - 5 in a simple corymb ; involucre broadly top-shaped, nearly as long as the disk ; the scales linear-spatulate, with abruptly pointed spreading herbaceous tips ; the outer ones lanceolate and leaf-like. — Margins of swamps, North Carolina. Sept. — Stems ^-l^0 high. Lowest leaves 4' - 6' long. Heads £' wide. Rays numerous, violet. 7. A. paludosus, Ait. Stem slightly roughened ; leaves linear, rigid, acute, entire, partly clasping, often fringed near the base ; heads 3-8, racemed or corymbed ; involucre hemispherical, as long as the disk ; the scales nearly equal, linear-spatulate, with mucronate green and spreading tips. — Low pine barrens, Florida to North Carolina. Sept. and Oct. — Stem l°-2° high. Leaves 2' - 4' long. Heads £' - f ' wide. Rays numerous, deep blue. 8. A. SpinuloSUS, n. sp. Rhizoma tuberous ; stem rigid, sprinkled with white jointed hairs ; leaves rigid, narrow-linear, pungent, appressed, the mar- gins fringed with bristly hairs ; the lowest ones very numerous and elongated ; heads 4-8 in a simple spike; involucre bell-shaped, rather shorter than the disk ; scales equal, lanceolate-subulate, rigid, erect, spine-pointed, bristly near the base; achenia strongly ribbed. — Damp pine barrens, West Florida, near the coast. June-August. — Stem 10'- 15' high. Lowest leaves G'-12' long, l"-3" wide ; the upper ones 1' long. Heads J' wide. Rays 12-15, pale blue. Pappus tawny. 9. A. eryngiifolius, Torr. & Gray. Rhizoma tuberous ; stem rigid, sprinkled with jointed hairs ; leaves lanceolate-linear, pungent, the lowest mostly entire ; the others erect, and fringed with spiny teeth ; heads very large, solitary or 3 - 4 in a loose raceme ; involucre hemispherical, shorter than the disk ; scales very numerous, herbaceous, rigid, lanceolate, tapering into a long and slender recurved tip ; achenia short, oblong. — Low pine barrens, Florida. June - Au- gust.— Steml°-2° high. Lowest leaves 4' -6' long. Heads 1' or more in diameter. Rays numerous, white. § 3. ASTER proper. — Scales of the involucre imbricated in various degrees, with herbaceous lips : rays numerous : achenia flattened: pappus of soft capillary bris- tles, not thickened upward: autumnal plants. * Leaves uniform, small, sessile, entire, silky or silvery on both sides, mucronate: scales of the involucre imbricated in 3 — several rows : rays violet-purple. 10. A. sericeus, Vent. Stem with numerous branches, bearing the large heads (single or 3 in a cluster) at their summits ; leaves oblong-lanceolate, sil- 200 COMPOSITE. (COMPOSITE FAMILY.) very ; scales of the involucre leafy and spreading ; achenia smooth. — A Western species, a form of which, with narrower and less silvery leaves and scales, grows on the mountains of North Carolina. — Stem 10' -20' high. Leaves £'-!' long. Heads showy. 11. A. COncolor, L. Stem mostly simple, slender, bearing towards the summit, the middle-sized heads in a long often compound raceme ; leaves lance- olate, silky when young ; the lowest ones oblong ; scales of the obovoid involu- cre lanceolate, appressed, the subulate tips spreading ; achenia silky. — Dry sandy soil, Florida and northward. — Boot sometimes tuberous. Stem l°-3° high. Leaves erect £' - 1' long. * * Leaves rough, all sessile or clasping and entire : heads chiefly solitary, terminat- ing the branchlets : scales of the obovoid or bell-shaped involucre imbricated in several rows, coriaceous, with herbaceous slightly spreading tips: rays purplish-blue : achenia hairy. H- Leaves very small, sessile : heads small: scales of the involucre spatulate. 12. A. squarrosus, Walt. Stem slender, diffuse ; leaves oblong or tri- angular-ovate, reflexed, very rough, sessile ; the lowest spatulate. — Dry soil, Florida to North Carolina. — Stem l°-2° high. Lowest leaves ^' long, the others 2" - 3" long. 13. A. adnatus, Nutt. Stem with the slender branches erect ; leaves ob- long, very rough, the midrib partly adnate to the stem, free at the apex ; the lowest wedge-obovate, free. — Sandy barrens, Florida and Alabama. — Stem l°-2° high. Heads smaller than in the preceding. •!- H- Leaves all clasping and auricled at the base : heads large : scales of the invo- lucre linear. 14. A. patens, Ait. Stem pubescent, loosely panicled above; leaves ovate-oblong, with very rough and wavy margins ; those on the slender and spreading branchlets very small. — Var. PHLOGIFOLIUS. Leaves larger, thinner, and less roughened, contracted below the middle ; heads often racemose on the short lateral branches. — Dry soil, chiefly in the upper districts. — Stem l°-3° high. Leaves l'-2' (in the var. 3' -6') long. Heads showy. * * * Leaves (and stems) smooth: the lowest tapering into a petiole, the others sessile or clasping: heads middle-sized, showy; scales of the obovoid involucre u-hitish, the short green tips scarcely spreading : rays bright blue : achenia mostly smooth. 15. A. l86Vis, L. Very smooth and often glaucous; stem rigid, panicled . above, bearing the showy heads on short rigid branchlets ; leaves oblong or lan- ceolate, coriaceous, mostly entire and rough on the margins ; the upper ones sessile or clasping ; scales of the involucre rigid, appressed, with abruptly pointed herbaceous tips. — Open woods in the upper districts. — Stem 2° - 3° high. 16. A. gracilentus, Torr. & Gray. Very smooth; stem slender, loosely panicled above, bearing the heads at the end of slender leafy branchlets ; leaves linear, elongated ; the lower ones coarsely toothed above the middle, the upper slightly clasping and entire ; scales of the involucre much shorter than the disk, COMPOSITE. (COMPOSITE FAMILY.) 201 lanceolate, acute, appressed. — Lincolnton, North Carolina, Curtis. — Stem pur- ple, 2° -3° high. Lower leaves 5' -6' long, 3" wide. Heads smaller than those of the preceding. 17. A. Virgatus, Ell. Stem very smooth, straight, bearing the heads in a single raceme at the summit of the long and slender branches ; leaves linear- lanceolate, entire, rough on the margins, partly clasping, the lowest broader and narrowed at the base ; scales of the involucre lanceolate, acuminate ; the outer ones spreading. — Western districts of Georgia, and westward. — Stem 3° - 4° high. Lower leaves 3' -6' long; those of the branches small and numerous. 18. A. concinnus, Willd. Stem nearly smooth, somewhat loosely cor- ymbose ; the branches virgate, dichotomous-paniculate ; leaves lanceolate, partly clasping, remotely and sharply serrate, with scabrous margins ; those of the branchlets oblong, entire ; scales of the involucre linear, acute, closely imbri- cated. (A. cyaneus? Ell.) —Florida to North Carolina. — Stem 2° -3° high. Achenia pubescent. * * * * Lower leaves large, cordate, on long petioles : heads middle-sized or small, racemcd or panicled : scales of the involucre somewhat membranaceous, with short green tips : rays blue or violet. •f- Leaves entire, or nearly so. 19. A. azureus, Lindl. Stem roughis.h, rigid, racemose-compound at the summit, the branches slender ; leaves rigid, rough ; the lowest ovate-lanceolate or oblong ; the upper lanceolate or linear, sessile ; those of the branches subu- late, appressed ; scales of the obconical involucre closely imbricated, abruptly acute. — Dry soil in the upper districts of Georgia and northward. — Stem 2° - 3° high. Rays bright blue. 20. A. Shortii, Hook. Stem smoothish, slender, racemose-panicled at the summit ; leaves nearly smooth, ovate-lanceolate, acute ; those of the stem all on slender petioles, and obtuse or cordate at the base, commonly entire ; those of the branches oblong, sessile ; scales of the bell-shaped involucre linear, closely imbricated, rather obtuse, shorter than the disk. — Mountains of Georgia and westward. — Stem 2° - 4° high. Rays violet-blue. 21. A. undlllatus, L. Pubescent; stem racemose-panicled above ; leaves varying from lanceolate to broadly ovate, often wavy or slightly serrate on the margins, roughish on the upper surface ; the lowest on long and slender petioles, which are dilated and clasping at the base ; the upper on broadly winged peti- oles, or sessile and clasping ; scales of the obovoid involucre linear, appressed, acute. (A. diversifolius, A. sagittifolius, and A. scaber, Ell. ; the last with smaller leaves, and very rough on both sides.) — Woods, common and very va- riable. — Stem 2° - 3° high. Heads small. Rays pale blue. 22. A. asperulus, Torr. & Gray. Roughish; stem racemose-panicled above, or simple ; lowest leaves oblong-ovate, obtuse or slightly cordate at the base, sparingly serrate, on slender (not clasping) petioles ; the upper oblong, narrowed at the base, sessile or on short winged petioles ; those of the branches minute ; heads loosely racemed or panicled, small ; scales of the hemispherical involucre lanceolate, acute. — Dry gravelly soil, West Florida, Georgia, and westward. — Stern 2° high. Rays pale blue. 202 COMPOSITE. (COMPOSITE FAMILY.) H- -i- Lowest leaves conspicuously serrate : heads small. 23. A. COrdifolius, L. Stem commonly smooth, racemosc-panicled above ; leaves smooth, or rough above and pubescent beneath, all cordate, serrate, and slender-petioled, or the uppermost on short winged petioles, or sessile and entire ; heads very numerous in panicled racemes ; scales of the obconical involucre loose- ly imbricated, with obtuse or slightly pointed green tips. — Open woods, in the upper districts. — Stem 1° - 3° high. Leaves commonly thin. Rays pale violet. 24. A. sagittifolius, Willd. Stem nearly smooth, racemose-branched above ; leaves ovate-lanceolate, acuminate, pubescent ; the lowest cordate, on long and mostly margined petioles ; the upper abruptly contracted into a winged petiole ; those of the branches lanceolate, acute at both ends, entire ; heads in dense compound racemes ; scales of the oblong involucre rather loosely imbri- cated, linear-subulate, the tips green and spreading. (A. paniculatus, Ell.) — Rich woods, Florida and northward. — Stem 2° - 3° high. Heads more crowded than those of the preceding. Rays purple. *** leaves linear or lanceolate, entire, sessile ; radical ones spatulate-lanceo- late, serrate : heads small and numerous, racemed: scales of the involucre in several rows, rigid, with spreading or recurved green tips. 25. A. ericoides, L. Smooth; stem much branched ; leaves linear-lance- olate, acute at each end; those of the branches subulate; heads racemose, mostly on one side of the spreading branches ; scales of the involucre broadest at the base, with acute or subulate tips. — Var. VILLOSDS. Stem and broader leaves rough- hairy, and the smaller heads in shorter and more dense racemes. — Var. PLATY- PHYLLUS. Stem (3° -4°) and larger leaves clothed with soft white hairs ; heads larger. — Dry soil, Florida, and northward. — Stem 1° - 2° high. Rays white or pale blue. 26. A. multiflorus, Ait. Whitish-pubescent ; stem very leafy, and much branched ; leaves linear, obtuse at each end, often bristle-pointed, spreading or recurved, the upper ones sessile or somewhat clasping ; heads densely racemose on the short and very leafy branches, or sometimes solitary at their summits ; scales of the involucre broadest at the apex, obtuse or short-pointed. — Dry sterile soil, in the upper districts. — Stem l°-2° high. Leaves about 1' long. Rays white. **** Leaves linear, lanceolate, or oblong, sessile, usually narrowed at the base : heads small or middle-sized : scales of the involucre membranaceous, with ap- pressed or slightly spreading tips : rays pale purple or white. -i— Heads small. 27. A. racemosus, Ell. Rough-pubescent; stem much branched, bear- ing the small heads in a spiked raceme near the summit of the slender erect branches ; leaves linear, sessile, rigid ; scales of involucre smooth, linear-subu- late ; the inner ones as long as the disk ; rays very short. — Damp rich soil, Paris Island, South Carolina. — Stem 2° high. Rays pale purple. 28. A. Baldwinii, Torr. & Gray. Rough-pubescent ; stem slender, pani- cled above, bearing the solitary or loosely racemose heads on the slender branch- lets ; leaves very rough, entire ; the lowest ovate, on slender margined petioles, COMPOSITE. (COMPOSITE FAMILY.) 203 the others sessile or partly clasping ; the uppermost very small, erect ; scales of the involucre in 3 - 4 rows, linear, acute. — Dry pine barrens, Florida and Geor- gia. — Stem 1° - 2° high. Lowest leaves 1' long, the upper ones 2" - 3" long, similar to those of No. 13. 29. A. dumosus, L. Smoothish ; stem slender, racemose-panicled, bear- ing the small heads chiefly on slender and very leafy branchlets ; leaves linear, entire, spreading or reflexed ; the lowest spatulate-lanceolate, serrate ; those of the branches short, linear-oblong, and mostly obtuse : scales of the involucre closely imbricated in 3-6 rows, with obtuse green tips. (A. foliolosus, Ell.) — Dry or damp soil, common, and running into several varieties. — Stem 2° - 3° high. Bays pale purple or white. 30. A. Tradescanti, L. Stem slender, pubescent, racemose-branched; leaves long, linear-lanceolate, sparingly serrate, tapering into a long and slender point ; the uppermost entire ; heads in close racemes along the spreading branch- es ; scales of the involucre narrow-linear, acute, imbricated in 3 - 4 rows. — Var. FKAGILIS. Leaves mostly entire ; heads fewer, often solitary on the branchlets. (A. tenuifolius, Ell.) — Low ground in the upper districts. — Stem 2° -3° high. Bays pale purple or white. 31. A. miser, L. Pubescent or hairy ; stem simple, and bearing the small heads in a long and leafy compound raceme, or diffusely branched, with the heads scattered along the branches, or in short few-flowered racemes ; leaves varying from linear-lanceolate to wedge-obovate, acute at each end, sharply ser- rate in the middle ; the lowest spatulate, the uppermost entire ; scales of the involucre linear, acute. — Low grounds and banks, common and very variable. — Stem 1° - 4° long. Bays white or purplish. A. diffusus, A. divergens, and A. pendulus, of Alton, are forms of this. -t- •- Heads middle-sized. 32. A. simplex, Willd. Stem smooth or pubescent in lines, corymbose or racemose-branched ; heads in short racemes ; leaves lanceolate, acute or acu- minate at both ends, smooth, rough on the margins, the lower ones sharply ser- rate ; scales of the involucre linear-subulate, loosely imbricated. — Low ground, Florida, and northward. — Stem 3° -6° high, sparingly or diffusely branched. Leaves 2' - 4' long. Bays pale blue. 33. A. tenuifolius, L. Nearly smooth ; stem paniculatcly branched ; the rather small heads disposed in panicled racemes ; leaves long, narrow-lance- olate, tapering to a long and slender point ; the lower ones commonly serrate in the middle ; scales of the involucre numerous, linear-subulate, appressed. — Low ground in the upper districts, Georgia, and northward. — Stem 2° -3° high. Leaves 3' - 6' long. Bays short, pale purple or white. **** leaves lanceolate or oblong, sessile, the upper ones more or less clasp- ing: heads large or middle-sized: scales of the involucre nearly equal, with spread- ing green tips : rai/s mostly large and numerous, blue or purple. 34. A. Novi-Belgii, L. Nearly smooth ; stem stout ; leaves oblong- lanceolate, pale or somewhat glaucous, serrate in the middle, acute or tapering at each end ; scales of the involucre rather closely imbricated, with broadish 204 COMPOSITE. (COMPOSITE FAMILY.) acute herbaceous tips ; rays pale blue or purplish. — Georgia and South Caro- lina.— Stem l°-4° high. Leaves thickish, the lowest 5' -6' long. Heads sometimes 1' in diameter. 35. A. longifolius, Lam. Stem nearly smooth, corymbose-panicled above ; leaves long, lanceolate, acuminate, shining above, the lowest narrowed at the base, and serrate in the middle, the upper sessile or partly clasping ; heads solitary or few on the rigid branchlets ; scales of the involucre linear, with green and subulate, or broader and abruptly pointed spreading tips ; rays purplish- blue. — Swamps, Georgia, and northward. — Stem 1° - 3° high. Leaves 3'- 6' long. Heads showy. 36. A. Elliottii, Torr. & Gray. Stem stout, smooth, very leafy, corym- bose-branched ; the branches short and pubescent in lines ; leaves large, oblong- lanceolate, acute, serrate, narrowed toward the base, and partly clasping ; the lowest spatulate-oblong, obtuse, crenate ; heads corymbed at the ends of the branches ; scales of the involucre subulate, with long and spreading tips ; rays pale purple. (A. puniceus, Ell.) — Swamps, Florida to North Carolina. — Stem 2° - 3° high. Leaves 4' - 6' long, or the lowest 1° long. 37. A. puniceus, L. Stem hispid, panicled above ; leaves lanceolate or oblong-lanceolate, acuminate, sharply serrate, very rough above, auriculate and clasping at the base ; scales of the involucre linear-subulate, in about two rows ; rays numerous and showy. — Swampy thickets along the mountains of North Carolina, and northward. — Stem 3° - 5° high, commonly purplish. Rays violet-purple. 38. A. prenanthoides, Muhl. Stem pubescent in lines, corymbose at the summit ; leaves ovate-lanceolate, acuminate, sharply serrate in the middle, contracted into a broadly winged petiole, which is dilated and clasping at the base, rough above ; scales of the involucre narrow-linear, imbricated in 3-4 rows, with spreading green tips. — Damp woods, North Carolina, and northward. — Stem l°-3° high. Leaves thin, 5' -6' long. Rays pale pur- ple. ****** Leaves lanceolate or oblong, entire, sessile or clasping: heads large, in corymbs or racemes: scales of the involucre numerous, with spreading green summits : rays numerous, shouoy. 39. A. grandiflorus, L. Stem rigid, rough with bristly hairs, sparingly branched ; leaves small, linear-oblong, sessile, hispid, commonly reflexed ; heads very large, solitary, terminating the branches ; scales of the involucre rigid ; the outer ones with obtuse spreading tips, the inner erect, acute ; rays violet. (A. ciliatus, Walt. ?) — Dry soil in the upper districts. — Stem 2° - 3° high. Leaves 1' - 2' long. Heads 1' in diameter. 40. A. Curtisii, Torr. & Gray. Smooth throughout ; stem simple, slen- der; leaves membranaceous, lanceolate, entire or slightly serrate, acuminate, sessile ; heads in a simple or slightly compound terminal raceme ; scales of the involucre linear-spatulate, coriaceous, the green and spreading tips barely acute ; rays purple. — Mountains of North Carolina. — Stem 2° - 3° high. Leaves 3' - 4' long. Heads £' - }' in diameter. COMPOSITE. (COMPOSITE FAMILY.) 205 41. A. CarolinianUB, Walt. Stem long and trailing ; the branches and leaves closely pubescent ; leaves short, oblong, acute, abruptly contracted into a short auriculate-clasping petiole ; heads single, or somewhat racemose at the ends of the branches ; scales of the involucre narrow-linear, with recurved subu- late tips ; rays slender, pale purple. — River-swamps, Florida to South Caro- lina. — Stem 4° - 10° long. Leaves 1 ' - 2' long. 42. A. Novse-AngliSB, L. Stem hairy or hispid, corymbose above; leaves lanceolate, acute, pubescent, scarcely narrowed at the auriculate-clasping base ; heads corymbed ; scales of the involucre linear-subulate, loosely imbri- cated, viscid ; rays violet-purple. — Upper districts, in low ground, and north- ward. — Stem 2° - 4° high, mostly purple. Leaves 2' - 3' long. Heads £' or more in diameter, numerous and showy. § 4. ORTHOMERIS. — Scales of the involucre regularly imbricated, scarious on the margins, without herbaceous tips : pappus soft-hairy. 43. A. acuminatus, Michx. Pubescent ; stem erect, corymbose above ; leaves large, oblong-lanceolate, acuminate, coarsely serrate, tapering at the base ; heads corymbed, on slender naked peduncles ; scales of the involucre linear- lanceolate ; rays white. — Mountains of North Carolina, and northward. Sept. — Stem 1° - 1£° high. Leaves thin, 3' - 5' long, strongly veined. § 5. OXYTRIPOLIUM. — Scales of the involucre without herbaceous tips, scarious on the margins : pappus soft-hairy : stems smooth and slender : leaves narrow, entire, mostly fleshy. * Perennial : scales of the involucre imbricated in several rows : rays conspicuous. 44. A. Chapmanii, Torr. & Gray. Stem erect, straight, branched above ; lower leaves long (3' - 9'), linear, spreading, the upper scattered, subulate, erect; heads large, solitary, terminating the slender branches ; scales of the, involucre lanceolate, rigid ; rays showy, purple ; achenia smooth, many-ribbed. — Pine- barren swamps, West Florida. Oct. — Stem 2° - 3° high. 45. A. flexUQSUS, Nutt. Stem mostly reclining, flexuous, sparingly branched ; leaves fleshy, narrow-linear ; heads few, scattered, terminal, small ; scales of the involucre narrow-linear, very acute, the lower ones smaller and passing into bracts ; achenia slightly hairy, 5-ribbed. — Salt marshes, common. Oct. — Stem 1° - 3° long. Rays white or pale purple. * * Annual : scales of the involucre in 2-3 rows : rays short. 46. A. linifolius, L. Stem paniculately much branched; leaves linear- lanceolate, tapering at each end ; those pf the branches linear or filiform, sessile ; heads small, very numerous, in leafy racemes ; scales of the cylindrical involucre linear-subulate, smooth ; rays in two rows, not longer than the disk ; achenia somewhat hairy, 5-ribbed. — Wet places along the coast, Florida, and north- ward. Oct. — Stem 2° - 3° high. Lowest leaves sharply serrate. 47. A. divaricatUS, Nutt. Stem diffusely branched ; leaves linear-subu- late ; the lowest ones linear, tapering at the base ; heads small, loosely panicled, on spreading peduncles ; scales of the involucre linear-subulate, smooth ; rays in a single row, longer than the disk ; achenia 4 -ribbed, hairy. — Salt marshes, 18 206 COMPOSITE. (COMPOSITE FAMILY.) Florida to South Carolina. Sept. — Stem 1°- 3° high. Lowest leaves oval or lanceolate, toothed ; those of the branches short and bract-like. Rays blue. 48. A. exilis, Ell. Very glabrous ; stem slender, tall, sparingly branched ; leaves very long, linear-subulate ; heads in racemes ; scales of the involucre linear-lanceolate, half as long as the rays. — Damp soil, in the Western districts of Georgia. Sept. and Oct. — Stem 4° - 5° high. Lowest leaves 4' - 6' long, 1 " wide. Rays pale purple. Achenia pubescent. 17. ERIGERON, L. FLEABANE. Heads mostly hemispherical, many-flowered. Rays very numerous, pistillate. Scales of the involucre nearly equal, in 1-2 rows. Receptacle flat, naked. Achenia compressed. Pappus a single row of capillary bristles ; or with an outer row of short chaffy scales or bristles. — Herbs. Leaves alternate. Rays white or purplish. * Pappus double, 1. E. strigOSUm, Muhl. Annual, rough-pubescent ; stem slender, corym- bose-panicled above ; leaves entire or sparingly serrate, the lowest oblong, taper- ing into a slender petiole, the upper lanceolate or linear, sessile, distant ; heads small, corymbose-panicled ; rays white or rose-color ; outer pappus short and chaffy. — Dry old fields, common. June. — Stem 2° high. * * Pappus single. •»- Annual: rays shorter than the disk. 2. E. Canadense, L. Hirsute or smoothish ; stem much branched ; leaves linear-lanceolate ; heads very numerous, in panicled racemes, small, cy- lindrical ; rays white ; disk-flowers 4-toothed. — Old fields, common. May - Sept. — Stem 1° - 3° high. •- •«- Perennial : rays conspicuous. 3. E. Philadelphicum, L. Hairy; stem corymbose-branched above; leaves thin, toothed or entire ; the lowest spatulate-oblong ; the upper oblong- lanceolate, clasping ; rays very numerous and narrow, purplish. (E. quercifo- lium, Lam., with the lowest leaves pinnately toothed.) — Low ground, Florida, and northward. May. — Stem 2° - 4° high. 4. E. bellidifolium, Muhl. Hairy or villous; stem simple; lowest leaves spatulate or obovate, toothed above the middle ; the upper oblong, sessile and entire ; heads large, solitary or corymbose ; rays broadly linear, bluish-pur- ple. — Open woods and banks in the upper districts. March and April. — Stem 1° high, stoloniferous. 5. E. vernum, Torr. £ Gray. Smooth or nearly so ; stem simple, scape- like; radical leaves clustered, thick, spatulate or obovate, entire or slightly toothed ; the others small and remote ; heads corymbed ; rays (about 30) white. (E. nudicaule, Michx.) — Pine-barren swamps, Florida to North Carolina, and westward. March and April. — Rhizoma thick. Stem 1° - 2° high. 18. DIPLOPAPPUS, Cass. Heads many-flowered. Rays 8-12, pistillate. Scales of the involucre imbri- cated, without herbaceous tips. Receptacle flat, alveolate. Pappus of capillary COMPOSITE. (COMPOSITE FAMILY.) 207 bristles in two rows, the outer row much shorter. — Perennial erect herbs. Leaves alternate. Heads single or corymbose. Kays white or purple. Rays purple. 1. D. linariifolillS, Hook. Stem rigid, simple, closely pubescent; leaves numerous, linear, spreading, the margins very rough ; heads solitary or some- what racemose ; scales of the involucre imbricated in several rows, linear, ap- pressed ; achenia silky. — Dry open woods, West Florida to Mississippi, and northward. September. — Stem 1° high. Leaves 1'long. * * Rays white. 2. D. COrnifolius, Darl. Stem pubescent ; leaves elliptical, tapering at each end, hairy on the margins and veins beneath ; heads few, on slender spreading peduncles ; achenia smooth. — Upper districts of Carolina, and north- ward. August. — Stem 1° - 2° high. Leaves 2'- 4' long. 3. D. amygdalinus, Torr. & Gray. Stem roughish and corymbose above ; leaves oval or oblong, acute at each end, nearly smooth ; heads numer- ous, corymbed ; scales of the involucre obtuse ; achenia hairy. — Swamps, Flor- ida, and northward. September. — Stem 2° - 4° high ; the branches spreading. Leaves l^'-2' long. 4. D. umbellatus, Torr. & Gray. Stem smooth, corymbose above ; leaves lanceolate, acuminate ; scales of the involucre acutish ; achenia hairy. — Swamps in the upper districts. September. — Stem 3° - 6° high. Branches erect. Leaves 3' -5' long. 5. D. obovatus, Torr. & Gray. Closely pubescent ; stem simple, scaly at the base ; leaves oblong, sessile, strongly veined ; heads large, corymbed, on long and naked (whitish) peduncles ; scales of the involucre acute ; achenia hairy. (Aster obovatus and A. dichotomus, Ell.) — Low pine barrens, Florida to South Carolina. May - July. — Stem 1° - 2° high. Leaves 1' - 2' long. 19. BOLTONIA, L'Her. Heads many-flowered. Rays pistillate. Scales of the hemispherical involucre imbricated in two rows, not longer than the disk. Receptacle hemispherical or conical, obscurely alveolate. Achenia flattened, obovate, wing-margined. Pap- pus composed of several short chaffy scales ; that of the disk-flowers mostly with 2-4 longer awns. — Perennial herbs, resembling Asters. 1. B. diffusa, Ell. Stem with long and slender branches ; leaves linear, entire ; heads small, terminal ; achenia narrowly margined, hairy ; pappus very short, 2-awned. — Damp soil, Florida to North Carolina, and westward. Sept. and Oct. — Stem 3° -4° high. Rays purplish. 2. B. glastifolia, L'Her. Stem paniculate ; leaves rigid, lanceolate, sparingly serrate ; the upper ones linear, entire ; heads rather large ; achenia broadly margined ; pappus of few short bristles, and 2-4 long awns. — River swamps, Florida, and northward. July - Sept. — Stem 3° - 5° high. Rays white. 208 COMPOSITE. (COMPOSITE FAMILY.) 3. B. asteroides, L'Her. Stem paniculate, the branches short ; leaves lanceolate, entire ; achcnia smooth, narrow-margined ; pappus very short, with- out awns. — Swamps, North Carolina. Stem 2° -3° high. Heads intermediate in size between the two preceding. 20. SOLIDAGO, L. GOLDEN-ROD. Heads few or many-flowered. Rays 1-16, rarely wanting, pistillate. Disk- flowers tubular, perfect. Scales of the involucre imbricated, rarely with spread- ing tips. Receptacle flat, mostly alveolate. Achenia terete, many-ribbed. Pappus simple, of numerous scabrous mostly capillary bristles. — Perennial (rarely shrubby) erect plants, with alternate leaves, and small heads of yellow flowers. § 1. CHRYSASTRUM. — Scales of the involucre with herbaceous spreading tips : bristles of the pappus unequal, some of them thickened upward : racemes short, forming a long and narrow leafy panicle. 1. S. discoidea, Torr. & Gray. Pubescent or hairy; stem simple or branched ; leaves ovate, acute, abruptly narrowed into a petiole, the lower ones coarsely serrate ; racemes composed of 3 - 6 large 10 - 15-flowered heads ; rays none ; achenia smooth. (Aster ? discoideus, Ell] — Rich woods, Florida, Geor- gia, and westward. September. — Flowers yellowish- white. Stem 3° - 5° high. 2. S. squarrosa, Muhl. Stem stout, simple, pubescent above ; leaves large, smoothish, oblong, acute, serrate, the lower ones tapering into a long winged petiole ; the upper sessile and entire ; racemes shorter than the leaves, composed of 3-6 clustered heads; rays 12 -16, showy; achenia smooth. — Mountains of Georgia, and northward. September. — Stem 2° - 4° high. Low- est leaves 6' - 8' long. Heads 16 - 24-flowered. § 2. VIRGAUREA. — Scales of the involucre oppressed : rays mostly fewer than the disk-flowers, rarely wanting : racemes racemose, corymbose, or panicled. * Racemes not \-sided ; leaves feather-veined. - Racemes axillary, cluster-like, usually shorter than the leaves : the uppermost often crowded and racemose : leaves uniform, seirate. 3. S. pubens, M. A. Curtis. Stem simple, slender, pubescent ; leaves thin, oval-lanceolate, acuminate at each end, coarsely serrate, pubescent; ra- cemes dense, the upper ones racemose ; heads 8 - 14-flowered ; rays 4 - 7 ; scales of the involucre obtuse, villous-pubescent ; achenia hoary. — Upper and moun- tainous parts of North Carolina, Curtis. August. — Stem 2° - 3° high. Leaves 3' -5' long. 4. S. Buckleyi, Torr. & Gray. Villous-pubescent ; leaves oblong, acute at each end, coarsely serrate, smoother above ; racemes loose, all separate and much shorter than the leaves ; heads 15-20-flowered ; rays 4-6 ; scales of the involucre rather acute, nearly smooth ; achenia short and smooth. — Interior of Alabama, Buclcley. October. — Stem 2° high. Leaves 3' long. 5. S. latifolia, L. Stem smooth, simple, angled ; leaves oval or ovate, acuminate, abruptly contracted at the base, unequally toothed-serrate, mostly COMPOSITE. (COMPOSITE FAMILY.) 209 pubescent beneath ; racemes roundish or oblong, much shorter than tho leaves, the upper ones more or less racemose; heads about 10-flowered ; rays 3 -4; scales of the involucre smoothish, obtuse ; achenia silky-pubescent. ( S. flexi- caulis, Ell.) — Shady woods in the upper districts. September. — Stem. l°-2° high, often flexuous. Leaves 3' -5' long, 2' -3' wide. Racemes sometimes longer than the leaves. 6. S. cassia, L. Stem slender, often branching, smooth and glaucous ; leaves smooth, lanceolate, acuminate, sessile, sharply serrate ; racemes all dis- tinct, roundish, much shorter than the leaves ; the lowest rarely elongated ; heads about 10-flowered; rays 3-4, large, bright yellow ; scales of the invo- lucre smooth, obtuse ; achenia pubescent. — Damp shady woods and banks, Florida and northward. September. — Stem 2° - 3° high, often purple. Leaves 3' -5' long, £'- 1' wide. Racemes in all the upper axils. 7. S. Curtisii, Ton. & Gray. Smoothish ; stem tall, not glaucous, straight and mostly simple, striate-angled ; leaves lanceolate or obovate'-lanceo- late, acuminate at each end, sharply serrate above the middle, sessile ; racemes dense, much shorter than the leaves ; heads 8 - 12-flowered ; rays 4 - 6 ; scales of the involucre oblong-linear, obtuse ; achenia hoary-pubescent. — Mountains of North Carolina and Tennessee. September. — Stem 2° - 3° high. Leaves 5' - 6' long. 8. S. moriticola, Torr. & Gray. Smoothish ; stem terete, simple and slender, puberulent above ; leaves very thin, oblong-lanceolate, acuminate, slightly serrate ; the upper ones small and bract-like ; racemes sessile, the up- permost approximate and nearly as long as the leaves; heads about 15-flow- ered ; scales of the involucre linear, acute ; achenia smooth. — Mountains of North Carolina, Curtis. September. — Leaves and flowers smaller than the last. 9. S. lancifolia, Torr. & Gray. Smooth ; stem tall, simple, angled ; leaves long-lanceolate, acuminate, finely serrate, sessile ; racemes approximate, peduncled, somewhat compound ; the upper ones longer than the reduced leaves ; heads nearly sessile ; scales of the involucre oblong, very obtuse, minutely gran- ular ; achenia hairy. — Mountains of North Carolina, September. — Stem 3° high. Leaves 4' -5' long. Heads large. -t- •«- Racemes crowded in racemose or pyramidal terminal panicles, longer than the leaves (except No. 15) : lowest leaves large, commonly tapering into a petiole, the uppermost small, sessile and entire. 10. S. bicolor, L. Pubescent; stem simple, or branching above; lowest leaves spatulate-oblong, serrate ; the upper lanceolate ; panicle racemose, the lowest racemes shorter than the leaves ; heads about 20-flowered ; rays 7-9, short, whitish ; scales of the involucre obtuse. — Dry soil in the upper districts, and northward. September. — Stem 1° - 2° high. Radical leaves 2' - 5' long. 11. S. puberula, Nutt. Minutely pubescent ; stem simple, virgate ; low- est leaves spatulate-oblong, serrate above the middle ; the upper lanceolate ; panicle dense, racemose or pyramidal ; heads about 30-flowered; rays about 10; scales of the involucre subulate ; achenia smoothish. (S. pubescens, Ell.) — Dry sandy soil, Mississippi, and northward. 18* 210 COMPOSITE. (COMPOSITE FAMILY.) Var. pulverulenta. Upper leaves shorter, oblong-obovate ; scales of the (20 -25-flowered) involucre linear-lanceolate; achenia smooth. (S. pulveru. lenta, Nutt.) — Damp pine barrens, Florida to North Carolina. Sept. and Oct. — Stem 2° - 4° high, often purplish. Lowest leaves 2' - 4' long. Flowers middle- sized, bright yellow. 12. S. petiolaris, Ait. Minutely pubescent ; stem mostly simple, straight, very leafy ; leaves oblong-lanceolate or elliptical, acute, rough on the margins, all but the lowest entire, and nearly sessile ; panicle racemose or oblong ; heads large, 20 - 25-flowered ; rays about 10, showy; scales of the involucre linear, pubescent; the outer ones more or less spreading ; achenia smoothish. (S. elata? Ell) — Dry sandy soil, Florida to North Carolina. Sept. — Stem 2° -3° high. Leaves 1 ' - 2' long. 13. S. speciosa, Nutt. Stem stout, mostly simple, smooth below, pubes- cent above; leaves smooth, the lowest large (5' -8' long, l^'-2' wide), serrate; the upper ones lanceolate ; panicle compact, pyramidal ; heads rather large, crowded, 15 - 20-flowered ; rays 6-8, showy; scales of the involucre lanceolate, obtuse ; achenia smooth. — Varies, with the stem and lower surface of the broader (2' -3') leaves villous ; the fewer, larger, and more scattered heads about 30-flowered (S. petiolaris, Ell. ?) ; or every way smaller; the short racemes forming a narrow racemose panicle (S. crecta, Ell.). — Dry soil, Florida to Mis- sissippi, and northward ; the first variety only in the tipper districts. Sept. and Oct. — Stem 3° - 5° high, often purplish. 14. S. verna, Curtis. Closely pubescent and somewhat hoary ; stem sim- ple, or panicled above ; leaves thin, roughish, the lowest oblong, abruptly nar- rowed into a long and slender petiole, the upper ones sessile and entire ; racemes very slender, spreading, forming an open somewhat corymbose panicle ; heads rather large, scattered, about 30-flowered ; rays narrow ; scales of the involucre linear ; achenia pubescent. — Pine barrens, near Wilmington, North Carolina, Curtis. May and June. — Stem 2° - 3° high. Lowest leaves 3' - 5' long. 15. S. glomerata, Michx. Smooth; stem stout, simple; leaves large, oblong-lanceolate, acuminate at each end, sharply serrate, the lowest tapering into a petiole ; racemes cluster-like, much shorter than the leaves ; the tipper ones approximate and racemose; heads very large, 30 - 40-flowered ; rays 10- 12 ; scales of the involucre acute, smooth ; achenia pubescent. — High moun- tains of North Carolina. Sept. — Stem 1° - 2° high. Leaves 4' - 9' long. H— •»— •«— Racemes corymbose. 16. S. 1'igida, L. Rough-pubescent and somewhat hoary; stem stout; leaves rigid, oval or oblong, serrate, sessile ; the lowest narrowed into a petiole ; corymb compact ; heads very large, 30 - 35-flowered ; rays 7 - 10 ; scales of the involucre oblong, obtuse ; achenia smooth. — Mountains of Georgia and north- ward. Sept — Stem 3° - 4° high. Lowest leaves 6' - 9' long. 17. S. COrymbosa, Ell. Stem erect, smooth ; the branches rough-hairy ; lower leaves oblong-lanceolate, the upper ovate ; all fleshy, rigid, smooth, but very rough and fringed along the margin ; racemes corymbose, the lower re- curved ; rays long. — Middle districts of Georgia. Sept. and Oct. — Stem stout, COMPOSITE. (COMPOSITE FAMILY.) 211 4° - G° high. Lower leaves 4' - 6' long. Scales of the involucre oval. Rays about 10. () 18. S. spithamsea, M. A. Curtis. Stem low (8' -12'), rigid, soft-hairy; leaves oblong-lanceolate, smooth, sharply serrate, acute; the lowest tapering into a petiole ; corymb dense, compound ; heads 25 - 30-flowered, rays 6-7, short ; scales of the involucre lanceolate, acute ; achenia pubescent. — On the summit of Roan and Hanging Rock Mountains, North Carolina, Curtis. Sept — Stems tufted. Leaves 1' - 3' long. * Racemes 1-sided, mostly compound, spreading or recurved (in Nbs. 20 and 21 often erect), commonly disposed in a pyramidal panicle. •- Smooth species, growing in marshes : stems virgate : leaves very numerous, more or less fleshy ; the lowest elongated and tapering into a margined petiole ; the upper small and passing into bracts: heads middle-sized: achenia pubescent. 19. S. flavovirens, n. sp. Smooth throughout ; stem stout, simple ; leaves oblong, obtuse or mucronate ; the lowest serrate, on winged petioles, the upper entire, narrowed at the base ; panicle pyramidal ; heads 10 - 12-flowered ; rays mostly 3, showy ; scales of the involucre lanceolate, acutish. — Brackish marshes, Apalachicola, Florida. Sept. — Whole plant yellowish-green. Stem 2° - G° high. Lowest leaves 5' - 10' long, somewhat fleshy, obscurely ribbed. Heads rather large. 20. S. virgata, Michx. Smooth ; stem slender, rarely branched ; leaves somewhat fleshy, entire ; the lowest oblong-spatulate, sometimes slightly serrate, veiny ; the upper very small, lanceolate, appressed ; panicle racemose, erect, or pyramidal, with the lower racemes 1-sided; heads 12-16-flowered; rays 5-7; scales of the involucre lanceolate, acute. — Pine-barren swamps, Florida to Mis- sissippi, and northward. Sept. — Stem 3° - 5° high. 21. S. angUStifolia, Ell. Smooth ; stem slender, simple, or branched above ; leaves fleshy, entire, the lowest lanceolate, the upper linear and acute ; panicle racemose or pyramidal, lower racemes spreading and 1 -sided ; heads rather small, about 10-flowered; rays 5, narrow; scales of the involucre linear, obtuse. — Salt marshes, Florida to North Carolina. Oct. — Stem 2° - 4° high. 22. S. sexnpervirens, L. Stem simple, or branched above ; lowest leaves lanceolate-oblong, entire, fleshy, long-petioled ; the upper lanceolate, acute, ses- sile or partly clasping ; panicle contracted or pyramidal ; heads rather large ; rays 7-10; scales of the involucre linear, acutish. (S. limonifolia, Per.) — Salt marshes, Florida, and northward. Sept. and Oct. — Stem 3° -8° high. Leaves varying in thickness, the lowest 6'- 12' long. «- H- Stems (smooth) commonly branching: leaves not fleshy, serrate, veiny ; the lowest ample, tapering into a margined petiole : panicles pyramidal, or racemose on the spreading branches. 23. S. patula, Muhl. Stem stout, strongly angled ; leaves large, ovate or oblong, acute, very rough above, smooth beneath ; panicles dense, leafy ; pedun- cles pubescent ; rays 6 - 7 ; achenia sparsely pubescent. — Swamps, Georgia, and northward. — Leaves 6' - 12' long. 212 COMPOSITE. (COMPOSITE FAMILY.) Var. strictula, Torr. & Gray. Stem simple, or with few elongated rough- pubescent branches ; leaves smaller ; racemes short, forming a long and slender compound raceme. (S. salicina, Ell.) — Swamps, Florida, and northward. Sept. and Oct. — Stem 4° - 6° high. 24. S. arguta, Ait. Smooth ; leaves sharply serrate, acute or acuminate at each end, the lowest elliptical or lanceolate-oblong, somewhat 3-ribbcd, on winged and ciliate petioles ; the upper sessile ; panicle dense, somewhat corym- bose ; heads small, crowded, 1 8 - 20-flowcred ; rays 8-12, small; scales of the involucre obtuse ; achenia nearly smooth. (S. juncea, Ait., a form with narrower and less strongly serrate leaves, the upper ones entire.) — Rich soil in the upper districts. Sept. — - Stem 2° - 4° high. 25. S. Boottii, Hook. Stem smooth, or pubescent above ; leaves lanceo- late or oblong, acute or acuminate at each end, appressed-serrate, smooth or more or less pubescent; panicle open, oblong or pyramidal; heads about 12- flowered ; rays 5 ; scales of the involucre obtuse ; achenia nearly smooth. — Va- ries, with longer, narrower, and more sharply sen-ate leaves, and slender racemose panicles towards the summits of the spreading branches. (S. juncea? Ell.) — Sandy soil, Florida to North Carolina. Sept. — Stem 2° -3° high, often pur- plish. Heads larger and leaves more rigid than in the last. 26. S. gracillima, Torr. & Gray. Smooth ; stem slender ; lowest leaves spatulate-lanceolate, obtuse, serrate near the apex ; the others linear and entire ; heads rather large, 9-12-flowered, forming a narrow compound raceme at the summit of the stem and branches ; rays mostly wanting ; scales of the involucre oblong, obtuse ; achenia pubescent. — Dry pine barrens, Middle Florida. Oct. — Stem 2° high. -i- •- -i- Leaves very numerous, gradually diminishing in size vpward, veiny, sessile, or the lowest narrowed into a short petiole : heads small. 27. S. altissima, L. Stem hirsute ; leaves ovate or oblong, acute, serrate, rough above, pubescent, especially on the veins beneath, often rugose, promi- nently veined ; panicle leafy, often narrow and elongated; the "racemes slender and recurved ; scales of the 10- 15-flowercd involucre linear; rays 6-9, small ; achenia pubescent. (S. rugosa, S. ulmifolia, and S. aspera, Ell.) — Low thick- ets, Florida, and northward. Sept. and Oct. — Stem 2° - 6° high, commonly branching. Leaves variable in texture and pubescence, being thin and smoother in shady places, and more rigid, rougher, and often rugose in places more ex- posed. / v • 28. S. ulmifolia, Muhl. Stem smooth, or softly pubescent above ; leaves ovate-lanceolate, acuminate, serrate, smooth on the upper surface, paler and pu- bescent on the veins beneath ; panicle loose, spreading ; heads about 10-flowered ; rays 4-5; scales of the involucre acutish ; achenia nearly smooth. — Low ground in the upper districts of Alabama, and northward. Sept. — Stem 2° - 3° high. Leaves thin, 2' - 3' long. 29. S. Elliottii, Torr. & Gray. Smooth ; stem mostly simple ; leaves oblong-lanceolate or" elliptical, sessile, acute, finely serrate, the upper often entire; racemes crowded, forming a pyramidal panicle; scales of the 13-20- COMPOSITE. (COMPOSITE FAMILY.) 213 flowered involucre linear, obtuse ; rays 5 - 7 ; achenia minutely pubescent. (S. elliptical Ell.) — Damp soil near the coast, Georgia to North Carolina. Sept. — Stem 3° - 6° high. Leaves very numerous, 2' - 3' long. 30. S. pilosa, Walt. Stem hirsute, simple, or branching above ; leaves very numerous, oblong-lanceolate, slightly serrate, mucronate, rough above, pu- bescent on the veins beneath ; racemes numerous, slender, forming a pyramidal or somewhat corymbose panicle; heads narrow, 12-15-flowered ; rays 7-10, small ; scales of the involucre linear ; achenia slightly pubescent. (S. pyrami- data, Pursh. S. villosa, Ell.) — Low ground, Florida, and northward. Sept. and Oct. — Stem 2° - 8° high. Leaves 2' - 3' long. 31. S. odora, Ait. Stem mostly simple, pubescent in lines ; leaves entire, vaiying from linear-lanceolate to oblong-ovate, smooth on both surfaces, rough on the margins, punctate with pellucid dots, often reflexed ; panicle pyramidal, mostly one-sided ; heads 5 - 7-flowered ; rays about 3, showy ; achenia hairy. (S. retrorsa, Michx.) — Dry soil, Florida and northward. Oct. — Stem 2°- 3° high. Leaves 1 ' - 2; long. — Plant anise-scented. 32. S. tortifolia, Ell. Stem straight, simple or branched, rough-pubescent above ; leaves small, linear, entire, or the lowest slightly serrate, often twisted, pubescent on the margins and midrib ; panicle dense, pyramidal ; heads small, 6 - 9-flowered ; rays 3 - 4 ; scales of the involucre linear, obtuse ; achenia slightly pubescent. — Dry sandy soil, Florida to North Carolina. Sept. — Stem 2° -3° high. Leaves very numerous, 1 ' - 2' long. 33. S. brachyphylla, Chapm. Stem slender, pubescent, sparingly branched ; leaves smooth or pubescent on the veins, finely serrate, the lowest spatulate, the upper oval or orbicular ; racemes short, forming a compound ra- ceme toward the end of the spreading branches ; scales of the 3 - 5-flowered involucre rigid, obtuse ; rays none ; achenia pubescent, as long as the rigid pappus. — Dry light soil, Georgia, Florida, and westward. Sept. — Stem 2° - 3° high. Leaves 1'- 2' long. •»-•»—••— -i— Lowest leaves cordate, on long petioles : heads in simple or compound ra- cemes, 8 - IQ-Jlowered : pappus rigid, equalling or shorter than the hairy achenia. 34. S. amplexicaulis, Torr. & Gray. Pubescent and roughish ; stem, slender, sparingly branched above ; leaves sharply serrate, acute, the lowest broadly cordate ; those of the stem ovate, abruptly contracted into a broadly winged and clasping petiole, the uppermost small, sessile, and entire ; racemes slender, often simple; rays 1-3; pappus as long as the achenium. — Dry- open woods, West Florida, and westward. Oct. — Stem 2° - 3° high. 35. S. COrdata, Short. Pubescent; stem sparingly branched above; leaves acute, on wingless petioles ; the lowest large, coarsely serrate, cordate, the others ovate, sharply serrate, on short petioles ; the uppermost entire, sessile ; racemes compound, terminating the spreading branches, composed of crowded cluster- like racemes ; the lower ones scattered; scales of the 8-10-flowered involucre rigid, obtuse ; rays 5-6; pappus much shorter than the achenium. (Brachy- chaeta, Torr. fr Gray.) — Mountains of Georgia and North Carolina, and north- ward. Sept. — Stem 2° - 3° high. Lowest leaves 3' - 5' wide. 214 COMPOSITE. (COMPOSITE FAMILY.) •i- -t- H- 4- t- Leaves more or less prominently 3-ribbed. 36. S. nemoralis, Ait. Plant grayish, minutely pubescent and rough- ened ; stem mostly simple ; leaves obscurely 3-ribbed ; the lowest spatulate- oblong or lanceolate, serrate ; the upper lanceolate, acute, narrowed toward the base, mostly entire ; panicle dense, oblong or pyramidal, recurved ; heads 10 - 12-flowered ; rays 6 - 7 ; achenia hairy. — Old fields and open woods, common. — Stem l°-2° high. 37. S. Leavenworthii, Torr. &Gray. Stem simple, minutely pubescent and roughish ; leaves very numerous, smooth, linear-lanceolate, entire ; the low- est sparingly serrate; panicle pyramidal; heads rather large; rays 10-12; achenia pubescent. — Damp soil, Florida to South Carolina. Oct. — Stem 2° - 3° high. Leaves 2' -3' long, 3" -4" wide, faintly ribbed. 38. S. Canadensis, L. Stem pubescent and often rough ; leaves lanceo- late, acute or acuminate, sharply serrate, rough above, pubescent beneath ; pan- icles pyramidal, dense ; heads small ; rays very short ; achenia pubescent. — Varies (S. procera, Ell.), with a more hairy stem, less serrate leaves, the upper entire, and larger heads and rays. — Margins of fields, &c. Florida, and north- ward. Oct. — Stem 3° - 8° high. 39. S. serotina, Ait. Stem smooth, often purple ; leaves lanceolate, acu- minate, serrate, rough above, pubescent on the veins beneath ; panicle pyramidal, of numerous recurved racemes ; rays short ; mature achenia smooth. — Low ground, Florida, and northward. Oct. — Stem stout, 4° - 8° high. Heads larger than in the last, but smaller than those of the next species, 40. S. gigantea, Ait. Stem smooth ; leaves smooth, lanceolate, acumi- nate, sharply serrate, rough on the margins ; panicle large, pyramidal, pubes- cent; rays small; achenia pubescent. — Margins of fields, &c., Alabama, and northward. Sept. and Oct. — Stem 2° - 6° high. §3. CHRTSOMA. — Stem shrubby: leaves impressed-punctate, veinless: rays 1-3: receptacle conical, naked. 41. S. pauciflosculosa, Michx. Stem, .leaves, and involucre viscid; leaves spatulate-lanceolate or linear, obtuse, entire, the lowest scale-like ; pani- cle 1-sided; the clusters erect, on naked peduncles; heads 4-7-flowered; scales of the involucre obtuse ; achenia pubescent. — Sandy banks and shores, Florida to South Carolina. Oct. — Stem l°-2° high. Leaves l'-2' long. Kays large. § 4. EUTHAMIA. — Herbaceous: leaves narrow, entire, l-5-nerved: heads corym- bose : rays more numerous than the disk-flowers : receptacle bristly : involucre viscid. 42. S. lanceolata, L. Stem pubescent above, corymbose ; leaves linear- lanceolate, roughish on the upper surface, pubescent on the veins beneath, 3-5- nerved ; heads obconical, mostly sessile, in dense clusters ; rays 15-20. — Damp soil, Georgia, and northward. — Stem 2° -3° high. 43. S. tenuifolia, Pursh. Nearly smooth ; stem corymbosely much branched ; leaves linear, 3-nerved, glandular-dotted ; heads few in a cluster, COMPOSITE. (COMPOSITE FAMILY.) 215 often pedicellcd, top-shaped; rays about 10. — Low sandy places, common. Oct. — Stem 2° high. Heads smaller than those of the preceding. 21. BIGELOVIA, DC. Heads 3 - 4-flowered ; the flowers all tubular and perfect. Involucre cylin- drical-club-shaped, as long as the flowers ; the scales linear, rigid, appressed, somewhat viscid. Receptacle narrow, cuspidate. Achenia terete, striate, hairy. Pappus simple, of numerous scabrous capillary bristles. Styles scarcely exserted. — A smooth erect perennial herb, with narrow obtuse and entire leaves, and small heads of yellow flowers, disposed in a compound corymb. 1. B. nudata, DC. Stem mostly simple, virgate; lowest leaves spatutate- lanceolate, obscurely 3-nerved ; the others scattered, linear. (Chrysocoma nu- data, Michx.) — Var. VIRGATA. Lowest leaves linear-spatulate, 1 -nerved; the others narrow-linear or filiform ; heads larger. — Low pine barrens, Florida, and northward. Sept. — Stem 2° high. 22. ISOPAPPUS, Torr.&Gray. Heads several-flowered. Rays 5-12, pistillate. Involucre cylindrical-cam- panulate; the scales lanceolate-subulate, imbricated in 2-3 rows, appressed. Receptacle alveolate. Achenia terete, silky. Pappus a single row of nearly equal capillary bristles. — Biennials. Stems paniculate. Leaves alternate, nar- n, ... Heads scattered, on slender peduncles. Rays yellow. 1. I. divaricatus, Ton-. & Gray. Hispid and glandular ; stem erect, the slender branches spreading ; leaves linear-lanceolate, sparingly toothed ; involu- cre soft-hairy; rays 5-8. (Chrysopsis divaricata, Nutt.) — Sandy fields and woods, Florida, Georgia, and westward. Sept. — Stem 1°- 4° high. Panicle large. Heads 15-20-flowered. 23. HETEROTHECA, Cass. Heads many-flowered. Rays pistillate. Scales of the involucre imbricated in few rows, linear. Receptacle alveolate, bristly. Achenia of the rays oval, des- titute of pappus, those of the disk-flowers obovate, compressed, hairy, with a double pappus; the outer one short and chaffy, the inner bristly. — Biennial rough-hairy branching herbs, with irregularly toothed or entire alternate leaves, and corymbose-panicled heads of yellow flowers. 1. H. scabra, DC. Leaves oblong, toothed, commonly sessile or clasp- ing ; the lowest petioled, obtuse or somewhat cordate at the base ; involucre thick, shorter than the brownish inner pappus. (Chrysopsis scabra, Nutt.) — Dry sandy places along the coast, South Carolina, and westward. Sept. — Stem rigid, 1 ° - 2° high. Leaves 1 ' - 2' long. 24. CHRYSOPSIS, Nutt. Pappus of the ray and disk-flowers alike, double ; the exterior row chaffy, or of chaffy bristles, the interior longer, capillary ; otherwise like Heterotheca. — 216 COMPOSITE. (COMPOSITE FAMILY.) Biennial or perennial hairy or silky herbs, with linear or oblong mostly entire leaves. Heads mostly corymbed. Flowers yellow. * Leaves narrow, nerved, entire : achenia oblong-linear, narrowed at each end, pubes- cent : perennials. 1. C. graminifolia, Nutt. Stem leafy, white with appressed silky shin- ing hairs, as also the linear leaves ; heads numerous, rather small, on slender and more or less glandular peduncles ; involucre top-shaped, the linear scales glan- dular. (C. argentea, Nutt.) — Sandy pine barrens, common. Sept. — Stem 1° - 2° high. Lowest leaves 4' - 8' long. 2. C. Oligantha, Chapm. Stem nearly naked and glandular above, the lower part, like the linear or lanceolate leaves, silky with appressed shining hairs; heads 1-4, on long erect glandular peduncles, rather large; involucre bell-shaped, the scales glandular-pubescent. — Low pine-barrens, Florida. April and May. — * Stem 1° high. Stem-leaves clasping ; those of the root elon- gated. 3. C. pinifolia, Ell. Smooth ; stem rigid ; leaves linear, crowded, rigid ; corymb large ; scales of the involucre woolly at the summit. — High sand-hills in the Western districts of Georgia, Elliott. — Stem l£°- 2° high. Stem-leaves 4' -6' long, the uppermost filiform. Heads large. Exterior pappus somewhat chaffy. * * Leaves veiny, oblong or lanceolate ; the lowest narrowed at the base, the upper sessile : achenia obovate, compressed. 4. C. Mariana, Nutt. Perennial ; stem simple, covered with loose silky deciduous hairs ; lowest leaves spatulate-oblong, entire or slightly serrate ; the upper ones lanceolate, sessile, entire ; corymb small, mostly simple and umbel- late, cone-like in the bud ; peduncles and involucre glandular. — Sandy pine- barrens, Florida, and northward. Sept. — Stem 1° - 2° high. 5. C. trichophylla, Nutt. Biennial ; stem very leafy, mostly branching, villous with loose silky hairs ; leaves oblong or lanceolate, the earliest ones crowded, obtuse and densely villous, the upper mostly acute and often smooth- ish; corymb large, compound; peduncles and involucre smoothish. — Var. HYS- SOPIFOLIA (C. hyssopifolia, Nutt.) has narrow-linear and smooth leaves, except the tuft at the base. —Dry pine barrens, Florida to North Carolina. Sept. — Stem 2° - 3° high, commonly ascending. Leaves 1' - 2' long. 6. C. gOSSypina, Nutt. Biennial, densely villous and hoary throughout ; leaves oblong, obtuse, entire ; the lowest spatulate, the upper sessile ; corymb simple. (C. dentata, Ell., leaves larger, the lowest sinuate-toothed.) — Dry sandy soil, Florida, and northward. Sept. — Stem 1°- 2° high. 7. C. scabrella, Torr. & Gray. Pulverulent-scabrous throughout; stem stout, corymbosely branched above ; leaves oblong-lanceolate, mucronulate, en- tire, equally somewhat glandular-scabrous on both sides, sessile, the lower ones narrowed at the base ; heads numerous, in a compound corymb; peduncles and lanceolate obtuse scales of the involucre puberulent-glandular. — Pine woods, Florida. Sept. and Oct. — Stem 2° high. COMPOSITE. (COMPOSITE FAMILY.) 217 8. C. villosa, Nutt. Rough-hairy and somewhat hoary throughout ; stem rigid, very leafy ; leaves lanceolate, acute, entire or sparingly serrate ; the upper ones sessile, the lowest narrowed into a petiole ; heads large, in a simple corymb. — Dry soil, Alabama, and westward. Sept. — Stem l°-2° high. Leaves 1' long, fringed near the base. 9. C. decumbens, n. sp. Stems decumbent, simple, silky -villous ; leaves villous, lanceolate-oblong, obtuse, entire, sessile, leafy in the axils ; the lowest spatulate-oblong, clustered ; heads large, in a loose corymbose panicle ; the peduncles and involucre glandular-pubescent ; rays about 25, showy ; achenia hairy, furrowed ; exterior pappus bristly. — Sandy shores on St. Vincent's Island, West Florida. Oct. and Nov. © — Stems 2° - 4° long. Upper leaves £' - 1' long, the lowest 3' - 4'. Heads largest of all. 25. INULA, L. ELECAMPANE. Heads many-flowered. Rays pistillate. Scales of the involucre imbricated in several rows. Receptacle flat or convex, naked. Anthers bicaudate at the base. Pappus single, of capillary slightly scabrous bristles. — Perennial herbs. Flow- ers yellow. 1. I. Helenium, L. Stem stout ; leaves large, ovate, denticulate, tomen- tose beneath ; the lowest ones petioled, the upper clasping ; heads very large, somewhat corymbose ; outer scales of the involucre broadly ovate, leafy ; rays numerous, narrow ; achenia 4-sided, smooth. — Mountains of North Carolina. Introduced. 26. CONYZA, L. Heads many-flowered ; the exterior flowers pistillate, fertile, in several rows ; the corolla filiform, 2-3-toothed ; a few of the central flowers staminate, with a tubular, 5-toothed corolla. Scales of the involucre in several rows. Receptacle punctate. Pappus a single row of capillary bristles. — Branching herbs, with toothed-lobed leaves, and heads of yellow flowers in corymbs or panicles. 1. C. ambigua, DC. Rough-hairy; lower leaves oblong-lanceolate, lobed, the upper entire, linear; heads panicled. (C. sinuata, Ell.) — Around Charles- ton. Introduced. April -July. — Stem 2° high. 27. BACCHARIS, L. Heads dioecious, many-flowered ; the flowers all tubular. Corolla of the sterile flowers 5-cleft ; of the fertile ones filiform, nearly entire, without anthers ; style exserted. Scales of the oblong or hemispherical involucre imbricated in sev- eral rows. Receptacle naked or somewhat chaffy. Achenia ribbed. Pappus of the sterile flowers capillary, in a single row, as long as the involucre ; of the fertile flowers in 1 - several rows, commonly much longer than the involucre. — Smooth and resinous shrubs. Leaves alternate. Flowers white. 1. B. halimifolia, L. Branches angled; leaves obovate, or oblong-ob- ovate, toothed above the middle, the uppermost lanceolate, entire ; heads pedun- 19 218 COMPOSITE. (COMPOSITE FAMILY.) cled, the terminal ones clustered ; pappus of the fertile flowers 3-4 times as long as the involucre. — Low ground, near the coast, Florida and northward. Sept. and Oct. — Shrub 2° - 12° high. 2. B. glomeruliflora, Pers. Branches angled ; leaves wcdgc-obovate, coarsely toothed, rigid ; the uppermost obovate, entire ; heads very numerous, in dense sessile axillary clusters ; pappus of the fertile flowers twice as long as the involucre. (B. sessiliflora, MicJtx.) — Swamps along the coast, Florida to North Carolina. November. — Shrub G°- 12° high. 3. B. angustifolia, Michx. Branches numerous, angled ; leaves linear, entire ; heads single, or 2 - 4 in a terminal cluster ; achenia smooth. — Saline marshes, Florida to North Carolina. Oct. — Shrub 4° - 8° high. Heads smalL 28. PLUCHEA, Cass. Heads many-flowered ; the central flowers mostly perfect, but sterile, with the corolla dilated and 5-cleft ; the others pistillate, slender, slightly toothed. Anthers bicaudate. Scales of the involucre imbricated. Receptacle flat, mostly naked. Achenia grooved or angled. Pappus a single row of capil- lary slightly scabrous bristles. — Odorous mostly pubescent and glandular herbs, with alternate ovate or oblong serrate leaves. Heads of purplish flowers corymbose. 1. P. bifrons, DC. Stem simple, or sparingly branched ; leaves oblong, acute, denticulate, strongly reticulated and rugose, cordate and clasping ; heads clustered ; involucre pubescent and viscid. (Conyza bifrons, Ell.) — Margins of pine-barren ponds, Florida to North Carolina. September. — Stem 1° - 2° high. Flowers pale purple or white. 2. P. fcetida, DC. Minutely pubescent and glandular ; leaves large, membranaceous, ovate-lanceolate, acuminate, serrate, tapering into a petiole ; corymbs axillary and terminal ; heads rather small, numerous, on slender pedi- cels ; involucre smoothish, often purplish. (Conyza Marylandica, Ell.?) — Damp soil, Florida, and northward. September. — Stem 2° - 5° high. Leaves 5' -8' long, resinous-dotted. Flowers purple. 3. P. camphorata, DC. Minutely pubescent and glandular-viscid ; leaves ovate-lanceolate or oblong-ovate, acute, denticulate, nearly sessile ; heads rather large, in a dense corymb, on short and stout pedicels ; scales of the invo- lucre pubescent, the inner ones long-acuminate. — Salt marshes, Florida to North Carolina. September. — Stem l°-2° high ; the branches few and erect. Leaves 2' - 3' long. Flowers light purple. 4. P. purpurascens, DC. Tomentose and glandular ; leaves ovate- lanceolate, acute or acuminate, sharply and somewhat erosely serrate, on slender petioles ; heads rather small, on slender pedicels, loosely corymbose ; scales of the involucre pubescent, the inner ones lanceolate, acute. — Swamps and low ground, Florida. September. — Stem l°-2° high, with numerous spreading branches. Leaves 2' - 4' long. Flowers bluish-purple. COMPOSITE. (COMPOSITE FAMILY.) 219 29. PTEROCAULON, Ell. Heads and flowers chiefly as in Pluchea. Scales of the involucre lanceolate, imbricated in several rows, caducous. Receptacle minutely hairy. Achenia angled, pubescent. Pappus of numerous equal capillary bristles, longer than the involucre. — Perennial herbs. Leaves lanceolate, densely tomcntose and hoary beneath, the margins broadly decurrent on the stem. Heads compactly spiked. 1. P. pycnostachyum, Ell. Stem rarely branched, 1°- 2° high; leaves wavy, smooth above ; spike thick, woolly ; flowers white. — Damp pine barrens, Florida to North Carolina. June and July. TRIBE IV. SENEClONIDEjE. Heads discoid or radiate: branches of the style, in the perfect flowers, linear, convex externally, hairy or brush-shaped at the apex, and truncate, or produced into a conical or hispid appendage / the stigmatic lines terminating at the appendage, not confluent. 30. POLYMNIA, L. Heads many-flowered ; the rays pistillate, in a single row ; those of the disk tubular, 5-toothcd, sterile. Scales of the involucre in two rows ; the outer leafy, spreading ; the inner smaller, membranaceous, clasping the obovoid fertile ache- nia. Receptacle chaffy. Pappus none. — Coarse branching perennial herbs, with angular or lobed leaves, and heads of yellow flowers in corymbose panicles. 1. P. Canadensis, L. Viscid-pubescent; lowest leaves opposite, peti- oled, pinnatifid ; the upper alternate, angled or lobed ; outer scales of the invo- lucre acuminate, hairy and viscid ; rays shorter than the involucre. — Mountains of North Carolina. July and August. — Stem 2° - 5° high. Heads small. Rays pale yellow. 2. P. Uvedalia, L. Stem smooth, or rough-pubescent; leaves broadly ovate, 3 - 5-lobed, coarsely toothed, rough above, pubescent beneath, abruptly contracted into a sinuate-winged petiole ; outer scales of the involucre ciliate, obtuse ; rays much longer than the involucre. — Rich soil, Florida, and north- ward. July and August. — Stem 3° - 6° high. Rays bright yellow. 31. CHRYSOGOTTUM, L. Heads many-flowered ; the rays 5, pistillate. Disk-flowers tubular, 5-toothed, sterile. Scales of the involucre in 2 rows ; the exterior oblong, leafy ; the inte- rior roundish, clasping the oval compressed 4-angled fertile achenia. Receptacle flat, chaffy. Pappus a slightly lobed cup-shaped crown, divided on the inside to the base. — A low hairy stoloniferous perennial herb, with oval or spatulate- oblong opposite crenate leaves, and single heads of yellow flowers borne on a long peduncle. 1. C. Virginianum, L. — Dry open woods, Florida to North Carolina. February- April. — Plant at first simple, producing from a tuft of radical leaves a single peduncled head, afterward stoloniferous and branching. 220 COMPOSITE. (COMPOSITE FAMILY.) 32. SILPHIUM, L. Heads many-flowered ; the rays numerous, pistillate, fertile, in a single row. Disk-flowers cylindrical, sterile ; the style undivided. Scales of the involucre leafy, imbricated in several rows ; the innermost smallest, chaff-like. Keceptacle small, with linear acutish chaff. Fertile achenia in 3 - 4 rows, round or obovate, flat, broadly winged, 2-toothcd or emarginate at the apex ; the sterile ones slen- der. Pappus none, or represented by the two teeth of the achenia. — Tall resinous herbs, with alternate opposite or whorled leaves, and large heads of yellow flow- ers in corymbose panicles. * Stems terete, nearly naked: leaves alternate; the lowest large, serrate or variously lobed, long-petioled ; the others small and scattered. 1. S. laciniatum, L. Stem hispid or smooth ; leaves very rough or his- pid, on clasping petioles, pinnately parted ; the divisions oblong or lanceolate, acute, lobed or toothed ; heads large, spicate or racemose ; scales of the invo- lucre ovate, tapering into a long and spreading point, ciliate ; achenia round- obovate, emarginate. — Varies with the more numerous sessile and clasping leaves less deeply parted. (S. gummifcrum, Ell.) — Prairies of Alabama, and westward. July and August. — Stem 6° - 8° high. Lowest leaves 1° - 2° long. Heads l^'-2' in diameter. 2. S. terebinthinaceum, L. Stem smooth, naked above ; leaves rough- hairy, undivided, cordate-oval or oblong, coarsely serrate, on slender petioles ; heads small, loosely panicled ; scales of the involucre oval or obovate, obtuse, smooth; achenia obovate, emarginate or 2-toothed. (S. pinnatifidum, Ell., leaves pinnatifid.) — Open woods in the western districts of Georgia, and west- ward. July -Sept. — Stem 4° -8° high. Eadical leaves 2° long. Heads 1' wide. 3. S. compositum, Michx. Smooth; leaves cordate-ovate or reniform, angularly toothed or variously lobed, long-petioled ; heads small, corymbosely panicled ; scales of the involucre obovate or oblong, obtuse ; achenia roundish, deeply emarginate; rays 6- 10.^ (S. terebinthinaceum, £//., leaves reniform, an- gularly toothed or lobed.) — Var. MICHAUXII, Ton-. & Gray. Leaves deeply pinnatifid or tern ately divided; the divisions lobed or toothed. — Var. OVATIFO- LIUM, Torr. & Gray. Leaves ovate, angularly toothed. — Sandy open woods, Florida to North Carolina. July - Sept. — Stem 3° - 6° high. Leaves 6' - 12' long. Heads ^' in diameter. * # Stems leafy : leaves undivided, alternate, opposite, or whorled. •»- Stems terete. 4. S. trifoliatum, L. Stem smooth; leaves rough, lanceolate, slightly serrate, on short bristly petioles ; the upper ones alternate or opposite ; the lower 3 -4 in a whorl ; heads small, loosely panicled ; scales of the involucre ovate or oval, fringed on the margins ; achenia oblong-obovate, 2-toothed. (S. ternatum and S. atropurpureum, Willd.) — Open woods along the mountains of Georgia, and northward. July - Sept. — Stem 4° - 6° high. Leaves 4' - 6' long. 5. S. AsteriSGUS, L. Stem smooth or hirsute ; leaves rough, opposite or alternate, or the lower ones sometimes 3 in a whorl, lanceolate or oblong, toothed, COMPOSITE. (COMPOSITE FAMILY.) 221 on short hirsute petioles ; the upper ones sessile and commonly entire ; heads somewhat corymbose, rather large ; exterior scales of the involucre ovate, acute, short-ciliate ; the interior oblong, obtuse ; achenia broadly obovate, 2- toothed. — Var. DENTATUM. Lower leaves on rather long petioles, sometimes incisely toothed; achenia slightly emarginate at the apex. (S. dentatum, Ell.) — Dry open woods, Florida to North Carolina. July - Sept. — Stem 2° - 4° high. Leaves 3' - 5' long. Rays showy. 6. S. laevigatum, Ell. Smooth ; leaves thick, lanceolate-oblong, acute at each end, opposite, coarsely serrate, on short petioles ; the upper nearly sessile ; heads small, loosely corymbose ; scales of the involucre ovate, obtuse, spread- ing ; achenia oval-obovate, narrowly winged, emarginate and slightly 2-toothed at the apex. — Western districts of Georgia and Alabama. July - Sept. — Stem 2° - 3° high. Lowest leaves 6' - 8' long. 7. S. scaberrimum, Ell. Stem rough-hairy; leaves mostly opposite, ovate, acute, serrate, rigid, very rough on both sides, on short petioles ; heads corymbose; scales of the involucre ovate, ciliate; aehenia nearly orbicular, broadly winged, deeply notched at the apex. — Western districts of Georgia and Alabama. August and Sept. — Stem stout, 3° - 4° high, becoming smoothish. Leaves 3' -4' long. Heads larger than in the last. •»- •«- Stems square. 8. S. perfoliatum, L. Stem and branches smooth or hairy ; leaves large, opposite, ovate or ovate-oblong, coarsely toothed, rough on both sides, or pubes- cent or hairy beneath, their bases, or winged petioles, united; the uppermost commonly entire, simply serrate ; corymb trichotomous ; the central heads long- peduncled ; scales of the involucre ovate, obtuse ; achenia broadly obovate, emarginate. (S. connatum, L. S. in tegrifolium, Ell.?) — Banks of streams along the mountains of Georgia, and northward. July - Sept. — Stem 4° - 6° high. Leaves 6' - 12' long. Heads large. 33. BEELANDIEBA, DC. v Heads many-flowered. Ray-flowers few, pistillate ; those of the disk tubular, 5-toothed, sterile. Scales of the involucre in three rows, the innermost largest, membranaccous, adherent ' to the fertile achenia. Receptacle chaffy; the chaff dilated upward, obtuse, hooded, partly embracing the sterile achenia ; the inner ones gradually narrower. Fertile achenia in a single row, obovate, flattened, wingless, pubescent on the inner face, the apex entire. — Perennial downy or hoary herbs, with alternate leaves, solitary or corymbose heads, and yellow rays. 1. B. tomentosa, Torr. & Gray. Stem leafy, hoary-tomentose ; leaves oblong-ovate, crenate, hoary beneath, closely pubescent above ; the lowest taper- ing into a petiole ; the upper cordate, sessile ; heads at length numerous, corym- bose-panicled. (Silphium pumilum, Michx.} — Dry pine barrens, Florida to North Carolina, and westward. June -August. — Stem 1°- 3° high. Leaves 2' - 3' long. 19* 222 COMPOSITE. (COMPOSITE FAMILY.) 2. B. SUbacaulis, Nutt. Rough-pubescent and somewhat hoary ; leaves chiefly radical, clustered, sinuate-pinnatirid ; heads solitary on the peduncle-like stem, or fow on the peduncle-like branches of the short and nearly leafless stem. — East Florida and Georgia. May - August. — Peduncle G' - 8' long. Leaves 3' long. 34. PARTHENIUM, L. Heads many-flowered ; the ray-flowers 5, in a single row, short, obcordate, pistillate; those of the disk tubular, 5-toothed, sterile. Anthers slightly united. Scales of the involucre in two rows, ovate or roundish. Receptacle conical, chaffy ; the chaff dilated upward. Achenia smooth, compressed, thick -mar- gined. Pappus of two awn-like or roundish scales. — Herbs. Leaves alternate. Flowers white. 1. P. integrifolium, L. Perennial; stem erect, simple, rough; leaves undivided, ovate or oblong-ovate, serrate ; the lowest narrowed into a long petiole ; panicle dense, corymbose ; involucre hoary ; pappus minute, awn-like. — Dry soil among the mountains, Alabama, and northward. August. — Stem 1° - 2° high. Lowest leaves 4' - 6' long. Rays conspicuous. 2. P. Hysterophorus, L. Annual, pubescent ; stem diffuse ; lAves pinnatifid, with linear toothed lobes ; heads loosely panicled ; scales of the pap- pus oval. — Waste places, East and South Florida, and westward. 35. IVA, L. Heads few- or many-flowered; the flowers all tubular; the marginal ones (1-5) with a short corolla, pistillate and fertile; the central ones 5-toothed, sterile. Anthers nearly distinct. Scales of the involucre 3 - 5, in a single row, oval or obovate, distinct or partly united, or 6 - 9 and imbricated. Chaff of the small receptacle linear or spatulate. Achenia biconvex, obovate. Pappus none. — Branching herbs or shrubs, with opposite or (the upper) alternate mostly fleshy leaves, and small axillary nodding heads of whitish flowers. * Scales of the involucre 3-5, in a single row. 1. I. frutescens, L. Shrubby; leaves lanceolate or oblong, sharply toothed -serrate, 3-ribbed, smoothish ; scales of the involucre 5, orbicular ; fertile flowers 5. — Saline marshes, Florida, and northward. Aug. and Sept. — Shrub 4° - 8° high. 2. I. microcephala, Nutt. Annual, rough with rigid appressed hairs ; stem slender, much branched ; leaves narrow-linear, entire ; heads minute, 6 - 12-flowered ; scales of the involucre 4 - 5, obovate, ciliate ; fertile flowers 1-3. — Dry barren soil, Florida to South Carolina. Aug. and Sept. — Stem l°-2° high. * * Scales of the inwlucre 6-9, imbricated in 2-4 roics. 3. I. imbricata, Walt. Somewhat shrubby, smooth ; leaves fleshy, lance- olate, the lower ones slightly serrate and 3-ribbed, the upper alternate and entire ; heads many-flowered ; outer scales of the involucre orbicular ; the inner obovate, COMPOSITE. (COMPOSITE FAMILY.) 223 toothed-margined ; fertile flowers 2-4, the short corolla 5-parted. — Varies with smaller and fewer-flowered heads, and the corolla of the fertile flower truncate. — Drifting sands along the coast, Florida to North Carolina. Aug. and Sept. — Stem 1° -2° high. Leaves 1' long. 36. AMBROSIA, Tourn. Heads monoecious, in racemes or spikes ; the upper ones sterile, nodding ; the lower pistillate and fertile. Involucre of the sterile flowers hemispherical, com- posed of 7-12 united scales, 5 -20-flowered. Receptacle naked or with slender chaff. Corolla 5-toothed. Involucre of the fertile flowers 1 -flowered, ovoid or turbinate, entire, closed, pointed, commonly with a row of tubercles or spines near the apex. Corolla and stamens none. Achenia globose or ovoid. Pap- pus none. — Herbs. Leaves mostly pinnately lobed. Fertile flowers single or clustered at the base of the sterile spike, or in the axils of the upper leaves, bracted. Flowers whitish. * Leaves undivided or 3- 5-lobed, opposite : receptacle naked. 1. A. trifida, L. Stem tall (6° -10°), 4-sided, rough-hairy ; leaves rough, palmately 3 - 5-lobed, with the lobes ovate-lanceolate and serrate, or all undi- vided ; fruit obovate, 6-toothed around the base of the conically beaked apex, clustered. (A. integrifolia, Muhl.) — River-banks and rich soil, Florida and northward. Aug. and Sept. * Leaves pinnately lobed ; the vpper <ones mostly alternate : receptacle commonly chaffy. 2. A. crithmifolia, DC. Stem prostrate and shrubby at the base; the branches velvety pubescent ; leaves bipinnatifid, thickish, softly pubescent ; spikes few, the terminal one elongated ; fruit downy, unarmed. — Sandy shores at Key West, forming large clusters. 3. A. artemisiSBfolia, L. Annual, erect, hairy or smoothish ; leaves bi- pinnatifid, with linear lobes ; the upper often entire ; spikes single or panicled ; fertile flowers single, clustered, or sometimes spiked ; fruit nearly globose, armed with six short teeth. (A. ela^ior, L. A. paniculata, Michx., spines of the fruit obsolete.) — Cultivated ground, everywhere. July- Sept. — Stem 1° - 4° high. 4. A. hispida, Pursh. Hispid and hoary throughout ; leaves bipinnatifid, with toothed lobes ; racemes terminal, somewhat panicled. — South Carolina, Catesby. — Stem 1° high. Heads larger than in No. 1. ( ) 37. XANTHIUM, Tourn. COCKLEBUR. Heads monoecious, spiked ; the upper ones many-flowered, sterile, with the scales of the involucre separate, in a single row ; the receptacle oblong, chaflfy, and the short corolla 5-toothed ; the lower ones fertile, consisting of two pistil- late flowers, enclosed in a 2-celled oblong closed involucre, which is armed externally- with numerous hooked spines or bristles, and terminated by one or two stout beaks. Corolla filiform. Acheniura oblong, solitary in each cell. — Coarse annual herbs. Leaves alternate, lobed and petioled. 224 COMPOSITE. (COMPOSITE FAMILY.) 1. X. Strumarium, L. Stem spineless, rough, branched ; leaves large, broadly cordate, 3 - 5-lobed ; the lobes toothed, acute and rough on both sides ; fruit oval, pointed by two straight and smooth beaks. — Var. ECHINATUM. Leaves obtuse, less strongly lobed ; the incurved beaks and spines of the larger (!') fruit bristly. — Cultivated fields and waste places, common. July - Sept. — Stem l°-4° high, often spotted. 2. X. spinosum, L. Stem armed with triple spines, much branched; leaves lanceolate, entire or 3-lobed, hoary-tomentose beneath ; fruit pointed by a single beak. — "Waste places around the larger seaports, and sparingly in the interior. Introduced. Aug. and Sept. — Stem 2° - 3° high. 38. ECLIPTA, L. Heads many-flowered ; the ray-flowers short, pistillate, in a single row ; those of the disk tubular, 4-toothed, perfect. Scales of the involucre 10-12, in 2 rows. Receptacle flat, with bristly chaff. Achenia 3 - 4-angled, hairy at the apex. Pappus none. — Rough branching annuals, with opposite lanceolate leaves. Heads small, axillary, on peduncles of varying length. Flowers white. 1. E. erecta, L. Stem erect or diffuse, terete, tumid below the joints, sprinkled, like the leaves, with appressed rigid hairs ; leaves oblong-lanceolate, acute, serrate, narrowed into a petiole ; peduncles single or 2 - 3 together. (E. procumbens, and E. brachypoda, Michx.) — Wet places, Florida, and north- ward. Sept. and Oct. — Stem 6' - 3° long. 2. E. longifolia, Schrad. Stem erect, rough-hairy ; leaves lanceolate or oblong-lanceolate, acuminate, serrate, sessile and clasping; peduncles longer than the heads. — "Wet places, Apalachicola, Florida. Sept. — Stem 1° - 2° high. Leaves 4' - 6' long. 39. BOEBICHIA, Adans. Heads many-flowered ; ray-flowers pistillate, in a single row ; those of the disk tubular, 5-toothed, perfect. Scales of the hemispherical involucre imbri- cated ; the exterior ones leafy. Receptacle flat, with rigid persistent chaff. Achenia somewhat wedge-shaped, 3 - 4-angled. Pappus a 3 - 4-toothed border. — Fleshy maritime shrubs. Leaves opposite and slightly connate. Heads soli- tary, peduncled. Flowers yellow. 1. B. arborescens, DC. Smooth, or the young branches pubescent; leaves spatulate-lanceolate, abruptly pointed, entire ; scales of the involucre as long as the disk ; the inner ones and chaff of the receptacle obtuse. — Key West. Dec. — Shrub 5°- 10° high. 2. B. frutescens, DC. Branches and leaves hoary-tomentose; leaves varying from spatulate-linear to obovate-oblong, entire or toothed near the base ; scales of the involucre shorter than the disk, the inner ones and chaff of the re- ceptacle spine-pointed. (Buphthalmum frutescens, L ) — Saline marshes, Flor- ida to North Carolina. June - Oct. — Stem 1° - 2° high, COMPOSITE. (COMPOSITE FAMILY.) 225 40. MELANTHERA, Rohr. Heads many-flowered ; the flowers all tubular and perfect, 5-cleft. Scales of the involucre imbricated in 2 rows. Chaff of the convex receptacle rigid, per- sistent, partly sheathing the flowers. Achenia 4-angled, short, truncate at the apex. Pappus of 2 -several rough rigid deciduous awns or bristles. — Rough perennial herbs, with branching 3 - 4-angled stems, opposite undivided or 3- lobed serrate petioled leaves, and scattered heads of white flowers, on long peduncles. Anthers black. 1. M. hastata, Michx. Stem commonly spotted; leaves varying from lanceolate to ovate, entire, or more or less hastate-3-lobed, serrate ; scales of the involucre lanceolate, acute ; chaff of the receptacle spine-pointed. — Light rich soil, Florida to South Carolina. Aug. and Sept. — Stem 3° - 6° high. 2. M. deltoidea, Michx. Leaves deltoid-ovate, undivided ; scales of the involucre ovate ; chaff of the receptacle obtuse, mucronate. — South Florida. 41. ZINNIA, L. Heads many-flowered ; the ray-flowers pistillate ; those of the disk perfect, tubular, with 5 velvety lobes. Scales of the involucre imbricated, oval or round- ish, margined. Chaff of the conical receptacle clasping the disk-flowers. Ray- flowers oblong, rigid persistent. Achenia of the disk compressed, with a 1 -2- awned pappus; those of the rays 3-angled, destitute of a pappus. — Annual herbs, with sessile entire 3-ribbed leaves, and solitary heads, on long inflated peduncles. 1. Z. multiflora, L. Stem erect, hairy, branching; leaves oblong-lanceo- late ; chaff of the receptacle obtuse ; pappus of the disk-flowers 1-awned ; rays red or purple. — Waste places, Florida to North Carolina. Introduced. July- Sept. — Stem 1° - 2° high. Rays sometimes fading into yellow. 42. HELIOPSIS, Pers. Heads many-flowered ; the ray-flowers pistillate ; those of the disk tubular, perfect, 5-toothed. Scales of the involucre in 2 - 3 rows ; the exterior longer, leafy. Chaff of the conical receptacle lanceolate, partly clasping the smooth 4- angled truncated achenia. Pappus none. — Perennial herbs with the habit of Helianthus. Rays yellow. 1. H. laevis, Pers. Smooth; stem slender, branching; leaves ovate or ovate-lanceolate, acute or acuminate, sharply serrate, 3-ribbed at the base, on slender petioles ; peduncles elongated ; scales of the involucre obtuse ; rays deciduous. — Dry open woods, Florida, and northward. Aug. and Sept. — Stem 2° - 3° high. Leaves 2' - 3' long, sometimes scabrous. 43. TETRAGONOTHECA, Dill. Heads many-flowered ; the ray-flowers (6-9) pistillate ; those of the disk tu- bular, 5-toothed, perfect. Involucre double, 4-sided ; the exterior of 4 ovate 226 COMPOSITE. (COMPOSITE FAMILY.) leaves partly united below ; the interior of about 8 small chaffy scales. Chaff of the conical receptacle lanceolate, acute. Achenia obovoid, nearly terete, truncated. Pappus none. — A low hairy and clammy perennial herb, with large sessile or connate, oval or oblong, coarsely toothed leaves, and large solitary heads of yellow flowers, on long peduncles. 1. T. helianthoides, L. — Dry sandy soil, Florida to North Carolina. July. — Stems several, stout, l°-l£° high. Leaves 4' -6' long. Head 2' in diameter. 44. ECHINACEA, Mocnch. Heads many-flowered ; the ray-flowers pistillate, but sterile, drooping ; those of the disk tubular and perfect. Scales of the involucre lanceolate, imbricated in three or more rows, spreading. Receptacle at length conical. Chaff of the receptacle rigid, spine-pointed, longer than the disk-flowers. Achenia short, 4-sided, crowned with a cup-shaped toothed pappus. — Perennial sparingly branched herbs, with alternate undivided 3 - 5-ribbed leaves, and large heads ter- minating the peduncle-like summit of the stem or branches. Rays red, purple, or white. Rays elongated, purple or white. 1. E. purpurea, Mrench. Stem simple, or with peduncle-like branches, smooth or hairy ; leaves ovate-lanceolate, serrate, rough ; the lowest ones ovate, on long petioles ; scales of the involucre imbricated in 3 - 5 rows, ciliate ; rays about 12, lanceolate, purple. — Varies with the stem and leaves smooth; rays strap-shaped, white. — Rich woods in the upper districts. June - August. — Stem 2° - 5° high. Rays 2' - 3' long. 2. E. angustifolia, DC. Hirsute ; stem simple ; leaves lanceolate, en- tire, 3-ribbed ; the lowest tapering into a long petiole ; scales of the involucre imbricated in 2-3 rows; rays 12-15, narrow, pale purple. — Prairies and low barrens, Alabama, and westward. May -July. — Stem l°-3° high. Lowest leaves £° long. * * Rays short, dark red. 3. E. atrorubens, Nutt. Smooth, or rough throughout with white ap- pressed hairs ; stem simple, furrowed ; leaves rigid, entire, shining ; the lowest linear-lanceolate, narrowed into a petiole, 3-ribbed ; the upper few and remote, linear, sessile ; scales of the involucre in three rows ; rays about 9, wedge-shaped, shorter than the ovate dark purple disk ; chaff of the receptacle short-cuspidate, about as long as the disk-flowers ; pappus 4-toothed. — Low pine barrens, Geor- gia and Florida. June -August. — Stem 2° high. Lowest leaves £° long. Heads %' in diameter. Plant turns black in drying. 45. RTJDBECKIA, L. Heads many-flowered ; the ray-flowers neutral ; those of the disk tubular, per- fect. Scales of the involucre in about two rows, leafy, spreading. Receptacle conical or cylindrical ; the chaff not rigid, and mostly shorter than the disk- flowers. Achenia smooth, angled, truncated. Pappus a narrow border, or none. COMPOSITE. (COMPOSITE FAMILY.) 227 — Perennial or biennial herbs, with alternate simple or lobed leaves, and showy heads terminating the stem or branches. Rays yellow or party-colored. Disk dark purple or yellowish. * Disk ovate or globose. -»- Leaves undivided : stem simple or sparingly branched. 1. R. hirta, L. Hirsute; stem and branches naked at the summit ; leaves 3-ribbed, lanceolate or oblong, serrate, the upper ones sessile, the lowest nar- rowed into a petiole ; disk roundish, purplish brown ; chaff of the receptacle acute, hairy at the apex ; appendages of the style subulate. — Dry soil, Florida to Mississippi, and northward. July and August. — Stem rigid, l°-2°high. Rays longer or shorter than the involucre. 2. R. fulgida, Ait. Hairy ; stem simple or sparingly branched, naked at the summit; leaves 3-ribbed, mostly serrate ; the lowest oval or oblong, on slen- der petioles ; the upper ones spatulate-oblong or lanceolate, slightly clasping ; rays commonly longer than the involucre ; disk roundish, dark purple ; chaff of the receptacle smooth^h, rather obtuse ; appendages of the style short-conical. (R. discolor, Ell. R. spathulata, Michx., a smoothish mountain form, with spat- ulatc mostly entire leaves, and smaller heads.) — Dry soil, Florida, and northward. August and September. — Stem 1° - 3° high. Rays often turning reddish at the base in withering. 3. R. mollis, Ell. Stem hirsute-villous, branching ; leaves oblong, ob- scurely serrate, sessile and partly clasping, soft-tomentose on both sides ; the lowest somewhat spatulatc ; scales of the involucre numerous, linear-lanceolate, villous, rcflexed, half as long as the (12-20) rays; disk brownish; chaff of the receptacle rather obtuse, tomentosc at the apex. — "Western districts of Georgia. August - October. — Stem 2° -3° high. 4. R. Heliopsidis, Torr. £ Gray. Rhizoma prostrate ; stem pubescent, with few peduncle-like branches at the summit ; leaves ovate or oval, slightly Berrate, obtuse, smoothish, 5-ribbed, petioled ; scales of the involucre oblong, shorter than the brownish-purple subglobose disk, and (10-12) oblong-linear rays ; chaff of the receptacle obtuse, pubescent at the apex ; achenia of the rays 3-angled, as large as those of the disk. — Pine barrens near Columbus, Georgia, and Alabama. August and September. — Stem 2° high. -»- -»- Leaves divided : stem paniculately or corymbosely branched. 5. R. triloba, L. Biennial, rough-hairy; stem much branched; lowest leaves long-petioled, ovate or oval, simple, or with two small lateral lobes, serrate ; lower stem-leaves 3-lobed ; the upper simple, sessile, often entire ; heads small, numerous ; scales of the involucre narrow-lanceolate, shorter than the rays ; disk almost black ; chaff of the receptacle awl-pointed, smooth, as long as the flowers. — Var. PINNATILOBA, Torr. & Gray, is smaller and more slender, and the lower stem leaves pinnately lobed. — Dry soil, West Florida and northward. August and September. — Stem 2° - 5° high. Leaves sometimes all undivided. Rays about 8. G. R. laciniata, I/. Stem smooth, tall (4° - 63), branching ; leaves rough ; the lowest pinnately divided, the divisions lanceolate or oblong, lobed or 228 . COMPOSITE. (COMPOSITE FAMILY.) pinnatifid ; the middle ones 3 - 5-parted ; the uppermost often undivided, toothed ; disk yellowish, ovate or conical ; rays large, drooping ; chaff of the receptacle truncate, pubescent at the apex, about as long as the 3-angled achenia. (R. digi- tata, Mill. R. laevigata, Pursh.) — Swamps, Florida, and northward. July and August. — Leaves large. Rays 1'- 2' long. 7. R. heterophylla, Torr. & Gray. Pubescent ; stem corymbose above ; leaves coarsely serrate, rough above, tomcntose beneath ; the lowest orbicular- cordate or 3 - 5-parted, on long petioles ; the middle ones 3-lobed ; the upper- most ovate, sessile and entire ; disk globose, yellowish ; rays drooping ; chaff of the receptacle acute ; achenia 3-sided. — Swamps, Middle Florida. August. — Stem 3° - 4° high. Leaves and heads much smaller than in the preceding. * * Disk columnar, elongated : stems tall, simple. 8. R. maxima, Nutt. Smooth ; leaves large, membranaceous, oval or oblong, slightly toothed or entire, feather- veined, the lower ones pctioled, the upper clasping ; head solitary, long-peduncled ; rays large, drooping. — Wet pine barrens, West Florida and westward. August. — Stem 4° - 9° high. Low- est leaves 8'- 12' long. Rays 2' long. 9. R. nitida, Nutt. Smooth and shining ; stem tall, naked above ; leaves rigid, oblong-lanceolate, slightly toothed or entire, 3 - 5-ribbed ; the lowest long- petioled ; the upper partly clasping, small ; rays large, drooping ; disk brown. — Borders of swampy thickets, Georgia, Florida, and westward. July. — Stem 3° - 5° high. Lowest leaves 4' - 6' long. # * * Lower leaves opposite : disk ovate, yellow : chaff of the receptacle cuspidate, ribbed: achenia biconvex, striate, hairy, rounded at the apex: pappus none. 10. R. ? Porteri, Gray. Rough with short scattered hairs ; stem panicu- lately branched ; leaves lanceolate, entire, narrowed at each end, fringed at the base ; exterior scales of the involucre linear, as long as the disk ; the interior shorter, resembling the chaff of the receptacle ; rays 7-9, longer than the disk. — Stone Mountain, Georgia. — Stem 2° - 3° high. 46. LEPACHYS, Raf. Scales of the involucre few and small. Chaff of the oblong or columnar receptacle truncate and thickened at the apex. Achenia flattened and margined. Pappus 2-toothed or none. Otherwise like Rudbeckia. — Perennials. Leaves pinnately divided. Rays large, drooping, yellow. 1 . L. pinnata, Torr. & Gray. Rough with short appressed hairs ; stem sparingly branched ; divisions of the leaves 3-7, lanceolate, acute, serrate or entire ; disk yellowish, oval or oblong, shorter than the rays ; pappus obscurely 2-toothed. (Rudbeckia tomentosa, Ett.) — Dry soil, West Florida, Georgia, and westward. July- Sept. — Stem 3° - 4° high. Rays 2' long. 47. HELIANTHUS, L. SUNFLOWER. Heads many-flowered ; the ray-flowers neutral ; those of the disk tubular and perfect. Scales of the involucre imbricated in 3 or more rows, with or without COMPOSITE. (COMPOSITE FAMILY.) 229 leafy spreading tips. Receptacle flat or convex, chaffy. Achenia 4-angled, usu- ally compressed. Pappus of 2 (rarely 3-4) caducous chaffy scales or awns. — Annual or perennial herbs, with opposite or alternate, commonly 3-ribbed, undi- vided leaves. Heads solitary, terminating the stem or branches. Disk yellow •or dark purple. Rays yellow. * Annual: disk dark purple: chaff of the receptacles-toothed: leaves on long and slender petioles: achenia pubescent. 1. H. debilis, Nutt. Roughish; stem slender, decumbent, branching; leaves rarely opposite, deltoid-ovate, acuminate, wavy-serrulate ; heads small ; scales of the involucre narrowly lanceolate, slender-pointed ; pappus 2-awned. — Shores of East Florida. — Stem 1° - 2° long. Rays 10-14. 2. H. prSBCOX, Gray £ Engelm. Rough with scattered rigid hairs, villous when young ; stem erect, paniculately branched, somewhat spotted ; leaves thin, coarsely serrate, acuminate, undulate, the lowest deltoid-ovate, cordate, opposite, the upper ones ovate-lanceolate ; scales of the involucre lanceolate-subulate ; rays 1 5 - 20. — Sandy shores, West Florida, and westward. July - Sept. — Stem 2° - 3° high. * * Perennial : disk dark purple. H- Rays minute or wanting. 3. H. Radula, Torr. £ Gray. Stem simple, ascending, leafy and hirsute towards the base, naked and smoothish above ; leaves thick, entire, rugose, hir- sute, the 4 radical ones large, roundish or rhombic ; spreading ; the lower ones obovate, opposite ; the uppermost small, linear ; scales of the involucre oblong- ovate ; rays mostly wanting ; chaff of the receptacle acuminate. — Low sandy pine barrens, Georgia, Florida, and Alabama. Oct. — Stem 2° high. Heads rather large. •- •— Rays conspicuous. 4. H. angUStifolius, L. Stem rough-Jiairy or smoothish, paniculately branched ; leaves linear, elongated, entire, with the margins revolute ; the lowest ones opposite ; scales of the involucre lanceolate, acuminate ; chaff of the recep- tacle 3-toothed ; rays 12 - 18, showy. — Varies, with broader leaves, and the disk at first yellow. — Low ground, Florida to Mississippi, and northward, common. Oct. — Stem 2° - 6° high. Leaves 3' - 6' long. 5. H. heterophyllus, Nutt. Hirsute or hispid ; stem slender, mostly simple, naked above ; leaves opposite, thick, entire ; the lower ones lanceolate or oblong, tapering into a petiole ; the others linear, remote ; scales of the invo- lucre lanceolate, acuminate, ciliate ; chaff of the receptacle 3-toothed, the middle tooth cuspidate; rays 15-20, elongated. — Pine-barren swamps, Florida to North Carolina, and westward. Sept. and Oct. — Stem 2° - 4° high. Lowest leaves 2' -6' long. Rays 1^' long. 6. H. atrorubens, L. Hirsute or hispid ; stem sparingly branched and somewhat naked above ; leaves opposite, oval, serrate, the lowest large and long- petioled ; the upper small, sessile, distant ; scales of the involucre oval or oblong, obtuse ; chaff of the receptacle acute; rays about 12; achenia pubescent at the apex. (H. sparsifolius, Ell.) — Dry soil, Florida to North Carolina. Sept. and Oct. — Stem 2° - 5° high. Lowest leaves 4' - 6' long. Heads rather small. 20 230 COMPOSITE. (COMPOSITE FAMILY.) 7. H. rigidus, Desf. Stem leafy, stout, mostly simple, rough ; leaves oblong-lanceolate, slightly serrate or entire, thick and rigid, very rough on both sides, narrowed into short connate petioles ; scales of the involucre ovate, acute, appressed; chaff of the receptacle obtuse ; rays 20-25. (H. scaberrimus, Ell.) — Western districts of Georgia, Elliott, and westward. Sept. — Stem l°-3° high. Heads showy. * * * Perennial: disk yellow; heads large or middle-sized. 8. H. Isetiflorus, Pers. Stem stout, rough, branching ; leaves oval-lance- olate, acuminate, serrate, rigid, very rough on both sidgs, on short petioles ; the uppermost often alternate ; heads solitary or corymbose, on naked peduncles ; scales of the involucre ovate-lanceolate, acute, ciliate, appressed ; chaff of the receptacle somewhat 3-toothed or entire ; rays 12-16, elongated. (H. tricuspis, EIL, with the leaves all nearly entire ; chaff of the receptacle 3-toothcd.) — Dry soil, in the Western districts of Georgia, and westward. Sept. — Stem 3° - 4° high. Leaves 5' - 8' long. Rays 1 £' long. 9. H. OCCidentalis, Riddell, var. Dowellianus, Torr. & Gray. Nearly smooth ; stem branched above ; leaves triple-nerved, rather thick, slightly den- tate, on margined petioles, and with a short scattered pubescence ; the lowest ones opposite, large, broadly ovate, subcordate, obtuse ; the upper alternate, ob- long-ovate ; peduncles long and slender ; scales of the involucre lanceolate, acu- minate, slightly ciliate, shorter than the disk, appressed ; rays 12 -15. — Macon County, North Carolina, Curtis. Aug. and Sept. — Stem 4° - 5° high. Lower leaves 7' - 8' long, 5' - 6' wide. Rays 1 ' long. 10. H. mollis, Lam. Villous or tomentose and somewhat hoary ; stem mostly simple ; leaves ovate or oblong-ovate, acute, slightly serrate, cordate and clasping ; the upper ones often alternate ; heads few, on short peduncles ; scales of the involucre lanceolate, acutp; chaff of the receptacle entire; rays 15-25. (H. pubescens, EH.) — Dry open woods in the upper districts of Georgia, and westward. Sept. — Stem 2° - 3° high. Leaves 2' - 3' long. Heads thick. 11. H. giganteus, L. Stem hirsute, rough, branching above ; leaves lanceolate, acuminate, serrate, nearly sessile, rough above, paler and rough-hairy beneath, slightly 3-nerved at the base, all but the lowest ones alternate ; scales of the involucre linear-lanceolate, spreading, hirsute j rays 15-20. — Low ground in the upper districts, and northward. Sept. — Stem 3° - 10° high. Leaves 2' - 5' long. Rays 1' long. 12. H. tomentOSUS, Michx. Stem stout, hirsute, branching ; leaves all alternate, or the lowest ones opposite, very rough above, tomentose beneath, slightly serrate ; the lowest large (6' -12'), ovate, on short winged petioles; the upper ones oblong ; heads large ; scales of the involucre numerous, lanceolate, acuminate, villous, spreading; rays 15-20. (H. spathulatus, EIL, with the leaves all opposite, scales of the involucre shorter.) — Open woods, and mar- gins of fields, Florida to North Carolina. Sept. — Stem 4° - 8° high. Rays !'-!£' long. 13. H. doronicoides, Lam. Stem tall, branched, smooth below, hirsute above ; leaves opposite, ovate or ovate-lanceolate, acuminate, serrate, rough COMPOSITE. (COMPOSITE FAMILY.) 231 above, pubescent beneath ; the lower ones often slightly cordate, on short winged petioles ; scales of the involucre linear-lanceolate, hirsute, about as long as the disk; rays 12-15. — Southern States, Torr.Sf Gray, and westward. Sept. — Stem 5° - 8° high. Lowest leaves 6' - 12' long. Heads large. Rays \\' long. 14. H. strumoSUS, L. Stem simple or branched, rough above, smooth below ; leaves varying from lanceolate to ovate-lanceolate, acuminate, slightly serrate, short-petioled, very rough above, paler and smooth, or roughish, or sometimes softly pubescent beneath ; scales of the involucre lanceolate, acumi- nate, as long as the disk, spreading; rays 8- 10. (H. mollis, Ell) — Dry soil, common. Sept. — Stem 2° - 4° high, sometimes glaucous. Leaves 3' - 4' long. 15. H. decapetalus, L. Stem branched, smooth below, rough above ; leaves thin, opposite, ovate, acuminate, coarsely serrate, rough on the upper sur- face, smooth or roughish beneath, abruptly short-petioled ; scales of the involucre lanceolate-linear, spreading ; the exterior ones longer than the disk ; rays 8 - 10. (H. strumosus and H. tenuifolius, Ell) — Mountains of Georgia, and northward. Sept. — Stem 2° - 5° high. Leaves 3' - 6' long, obtuse at the base. 16. H. hirsutus, Raf. Stem hirsute, simple or forking at the summit ; leaves opposite, short-petioled, tapering from the broad and rounded, sometimes slightly cordate base, acuminate, sen-ate, very rough above, paler and rough- hairy beneath ; scales of the involucre ovate-lanceolate, acuminate, appressed, as long as the disk; rays about 12. (H. diversifolius, Ell, with the leaves broader; the upper oval, and nearly entire.) — Dry soil in the upper districts. Sept. — Stem 2° - 5* high. Leaves 3' - 5' long. 17. H. divaricatus, L. Stem smooth, simple, or corymbosely branched at the summit ; leaves opposite, sessile, ovate-lanceolate, serrate, rounded or truncate at the base, very rough above, smooth or rough-pubescent beneath ; heads few, on short peduncles ; scales of the involucre lanceolate or linear-lance- olate, spreading, as long as the disk; rays 8-12. (H. truncatus, Ell.) — Dry- woods, Florida, and northward. Sept. — Stem 2° - 3° high. Leaves 3' - 5' long. * * * * Perennial : disk yellow : heads small : leaves narrow. 18. H. mi.croceph.alus, Torr. & Gray. Stem smooth, much branched ; leaves opposite, or the upper ones alternate, lanceolate or ovate-lanceolate, acute, sparingly serrate, rough above, paler and tomentose beneath, on short petioles ; heads numerous, on pubescent peduncles ; scales of the involucre ovate-lanceo- late, appressed ; rays 5-8. ( H. divaricatus, Ell) — Dry woods, Florida, and northward. Sept. — Stem 3° - 5° high ; the branches forking. Leaves 3' - 10* long. 19. H. Schweinitzii, Torr. & Gray. Stem hispid, branching above ; leaves lanceolate, acuminate, sparingly serrate, nearly sessile, very rough above, hoary-tomentose beneath ; the lower ones opposite, the upper alternate and en- tire ; scales of the involucre lanceolate, acute, with spreading tips ; rays about 8. — Upper districts of North Carolina, Curtis. — Stem 3° - 5° high. Leaves 3'- 5' long. 20. H. Isevigatus, Torr. & Gray. Stem smooth and glaucous, the branches forking ; leaves smooth on both sides, opposite, or the uppermost alternate, ob- 232 COMPOSITE. (COMPOSITE FAMILY.) long-lanceolate, acute, entire or serrulate, obscurely 3-ribbed, nearly sessile ; scales of the involucre ovate, acute, appressed with spreading tips ; rays 6-8. — North Carolina, Curtis. — Stem 4° - 5° high. Heads twice as large as those of No. 18. 21. H. longifolius, Pursh. Very smooth throughout ; stem slender, branching ; leaves mostly opposite, linear-lanceolate, sessile, entire ; the lowest tapering into slender petioles and sparingly serrate ; heads few ; scales of the involucre ovate-lanceolate, as long as the disk ; rays about 10. — Damp rich soil in the Western districts of Georgia, Elliott. — Stem 3° -4° high. Leaves 6' - 8' long. Rays small. — Resembles an aquatic Coreopsis. H. ANNUUS, the common SUNFLOWER, and H. TUBEROSUS, the JERUSALEM ARTICHOKE, are commonly cultivated species. 48. HELIANTHELLA, Torr. & Gray. Achenia 4-angled, compressed, slightly winged, crowned with a ciliate border, or the angles prolonged into persistent, often lacerated, chaffy scales ; otherwise like Helianthus. — Slender perennial herbs, with narrow leaves, and showy heads of yellow flowers. 1. H. grandiflora, Torr. & Gray. Hirsute; stem simple; leaves alter- nate or opposite, lanceolate-linear, entire ; scales of the involucre lanceolate, appressed ; pappus of two obtuse lacerated scales. — East Florida. — Stem 3° - 4° high. Leaves l'-2' long. Rays nearly 2' long. 2. H. tenuifolia, Torr. & Gray. Hirsute ; stem simple, or corymbose at the summit ; leaves narrow-linear, entire, the lower ones opposite or whorled ; the upper alternate ; scales of the involucre lanceolate-subulate, spreading ; pappus of 2-4 acute awns. — Dry sandy pine barrens. West Florida. June and July. — Stem 1 ° - 2° high. Rays 1 ' - 1 £' long. 49. ACTINOMERIS, Nutt. Heads many-flowered ; the ray-flowers 4 - 14, neutral, or wanting. Scales of the involucre in 1-3 rows, leafy. Receptacle convex or conical, chaffy; the chaff embracing the outer edge of the laterally compressed obovate mostly winged achenia. Pappus of two persistent awns (obsolete in No. 5). — Peren- nial herbs, with ovate or lanceolate serrate often decurrent leaves. Flowers yel- low or white. * Stems tall, branching : pappus 2-aumed. 1 . A. squarrosa, Nutt. Stem pubescent, winged above ; leaves alternate or opposite, rough, ovate-lanceolate, acuminate at each end ; heads corymbose ; scales of the involucre in 2 rows, linear-spatulate, spreading ; achenia broadly obovate, winged ; awns of the pappus rigid, spreading ; rays 4-12, yellow. — River-banks, Florida to North Carolina. Sept. — Stem 4° - 8° high. Lowest leaves 1° long. 2. A. alba, Torr. & Gray. Stem smooth, or pubescent and often slightly winged above ; leaves alternate, rough, lanceolate ; heads loosely corymbose ; COMPOSITE. (COMPOSITE FAMILY.) 233 scales of the involucre in a single row, lanceolate-subulate ; achenia mostly broadly winged ; awns of the pappus slender ; flowers white ; rays none. — Rich soil, in the lower districts, Georgia and South Carolina, and westward, rare. Sept. — Stem 4° - 8° high. Leaves 5' - 8' long. 3. A. helianthoid.es, Nutt. Stem hirsute, strongly winged ; leaves alter- nate, ovate-lanceolate, sessile, rough-hairy above, downy and hoary beneath ; heads few, corymbose; scales of the involucre in 2-3 rows, broadly lanceolate, appressed ; rays 8-14, yellow ; achenia slightly winged ; awns bristle-like. — Near Louisville, Georgia, and westward. July. — Stem 2° - 3° high. Leaves 3' long. Rays l£' long. 4. A. nudicaulis, Nutt. Hirsute; stem wingless, somewhat naked and corymbose above ; leaves opposite, oblong, sessile, barely acute, the uppermost small and mostly alternate ; heads corymbose ; scales of the involucre short, in 2-3 rows ; rays 7-12, yellow ; achenia obovate-oblong, mostly wingless ; awns short. (Helianthus ? aristatus, Ell.) — Dry sandy woods, Georgia, Alabama, and Florida. Aug. and Sept. — Stem 2° high. Leaves 2' -3' long. * # Stems low, simple : pappus obsolete : rays none. 5. A. pauciflora, Nutt. Stem wingless, simple, smooth below, naked and rough above ; leaves opposite or alternate, lanceolate or elliptical, sessile, rigid, obtuse, strongly reticulate, rough with short rigid hairs ; heads solitary or 2 - 3 together, terminal ; scales of the involucre in 2 rows, lanceolate, appressed ; flowers orange-yellow ; the marginal ones abortive ; achenia oblong-obovate, narrowly winged, with a cup-shaped disk ; pappus wanting. — Low pine barrens near the coast, West Florida. June and July. — Stem 1° -2° high. Leaves 2' long. Involucre, chaff, and achenia dark brown. 50. COREOPSIS, L. TICKSEED. Heads many-flowered ; the ray-flowers commonly 8, neutral, rarely wanting. Involucre double ; each row of about 8 scales ; the outer ones narrow and spreading ; the inner membranaceous and appressed. Receptacle flat, chaffy. Chaff membranaceous, mostly deciduous with the achenia. Achenia compressed, often winged, not narrowed nor beaked at the apex, awnless, or with a pappus of two upwardly hispid or serrulate awns or scales. — Herbs. Leaves entire or pinnately divided. Heads solitary or corymbose. Disk dark purple or yellow. Rays yellow, rarely rose-color. * Pays none. 1. C. discoidea, Torr. & Gray. Smooth ; stem diffusely branched ; leaves long-petioled, 3-parted, with ovate-lanceolate coarsely serrate divisions ; the up- permost often simple ; heads small, on short peduncles; exterior involucre folia- ceous, longer than the heads ; achenia narrowly wedge-shaped, hairy. — Swamps, North Carolina, and northward. July - Sept. — Stem 1° - 2° high. * * Rays entire, or emarginate at the apex, yelloiv. •»- Leaves petioled: achenia narrowly wedge-shaped, 2-toothed or awned: scales of the involucre equal, the outer ones separate. 2. C. aurea, Ait. Stem smooth, much branched; leaves smooth or slight- ly pubescent, 5 - 7-parted ; the divisions oblong or lanceolate, serrate, toothed or 20* 234: COMPOSITE. (COMPOSITE FAMILY.) lobed, or all linear and entire ; exterior scales of the involucre linear-spatulate ; achenia smoothish, with two short triangular teeth. (C. mitis, Michx. C. arguta, Pursk.) — Swamps, Florida to North Carolina, and westward. Aug. -Oct. — Stem 2° - 4° high. Leaves polymorphous ; the uppermost commonly undivided. Rays showy. 3. C. trichosperma, Michx. Smooth ; stem somewhat 4-angled, branch- ing; leaves pinnately 5-7-parted; the divisions lanceolate or linear, sharply serrate or toothed; the upper ones 3-5-cleft; exterior scales of the involucre linear, obtuse; achenia hispid above, crowned with two triangular hispid teeth. — Swamps, South Carolina, and northward. Sept. — Stem 1° - 2° high. Ache- nia twice as large as in the preceding. H- +- Leaves petioled: achenia elliptical or obovate, emarginate, awnless: exterior scales of the involucre shorter than the interior. 4. C. tripteris, L. Stem smooth, branching ; leaves smooth, or rough above ; the upper and lower ones entire, the middle ones 3- (rarely 5-) parted, with the divisions lanceolate and entire ; exterior scales of the involucre 5-6, obtuse, united at the base ; achenia elliptical, smooth, incurved, narrowly winged. — Woods and margins of fields, Florida to North Carolina, and westward. Aug. and Sept. — Stem 3° - 6° high. 5. C. latifolia, Michx. Smooth or somewhat pubescent ; stem tall ; leaves undivided, ovate-oblong, acuminate, coarsely serrate, smooth above, paler be- neath ; heads small, corymbose ; scales of the involucre 4 - 5 in each row ; the exterior ones short, not united below ; raysv 4 - 5 ; achenia obovate-oblong, wingless. — High mountains of Georgia and North Carolina. Aug. — Lowest leaves 6' long. •«-•«-•«- Leaves sessile, 3-parted to the base, seemingly 6 in a whorl ; the divisions entire or variously divided: scales of the involucre equal ; the exterior ones linear- oblong, united below : achenia oblong, narrowly winged, naked or minutely 2-toothed at the apex. 6. C. senifolia, Michx. Pubescent; stem 4-angled below, branching ; di- visions of the leaves oval-lanceolate, entire, the uppermost leaves often simple ; disk yellow; achenia minutely 2-toothed. (C. stellata, Nutt., with the stem more slender and leaves narrower.) — Dry sandy woods, Florida to North Carolina, and westward. Aug. — Stem 2° high. Leaves l'-2' long. Rays 6" -9" long. 7. C. delphinifolia, Lam. Smooth or slightly pubescent; divisions of the leaves entire or 2 -3- (the middle one sometimes 5-) parted, linear-lanceolate, rather rigid ; disk brownish ; achenia obovate-oblong, minutely 2-toothed. (C. verticillata, Ehrh., Ell.} — Dry soil in the upper districts. Aug. and Sept. — Stem l°-2°high. 8. C. verticillata, L. Smooth ; stem branching, slender ; divisions of the pinnately or bipinnately divided leaves linear or filiform ; disk yellow; ache- nia minutely 2-toothed at the apex. (C. tenuifolia, Ell) — Low ground, in the upper districts. August. — • Stem 1° - 3° high. COMPOSITE. (COMPOSITE FAMILY.) 235 * * * Rays 3 - S-toothed or lobed. •«- Rays yellow : achenia orbicular, broadly winged, warty, and with a tubercle at each end on the inside, 2-loothed : scales of the involucre nearly equal : heads long-peduncled. 9. C. auriculata, L. Stem erect, pubescent, commonly branched ; upper leaves oblong or ovate-lanceolate, mostly entire, nearly sessile ; the lower peti- oled, oval or roundish, entire, or with 2-4 small lateral lobes ; exterior scales of the involucre lanceolate ; rays 4-toothed. (C. pubescens, Ell.) — Rich shaded soil, "West Florida to the mountains of North Carolina. June - Sept. — Stem l°-4° high. Leaves l'-4' long, variously divided on the same plant. Rays showy. 10. C. grandiflora, Nutt. Stem slender, smooth, ascending ; leaves elon- gated ; the lowest linear-spatulate, on long ciliate petioles ; the upper tcrnately or 1 - 2-pinnately parted, the divisions linear ; exterior scales of the involucre ovate-lanceolate ; rays large, 4 - 5-toothed. — Dry soil, Florida and Georgia, and westward. April - June. — Stem 8' - 12' high. 11. C. lanceolata, L. Smoothish; stem short, ascending; leaves undi- vided, thick ; the lowest spatulate-oblong on long ciliate petioles ; the upper lanceolate sessile ; exterior scales of the involucre ovate-lanceolate ; rays large, strongly 4 - 5-toothed. (C. crassifolia, Ait., stem and leaves hairy or woolly.) — Dry rich soil, Florida to North Carolina. May and June. — Stem 6'- 12' long. +- -i- Rays yellow : achenia nearly straight, oblong, 2-awned, the margins with a serrulate or pectinate wing (except No. 12) : exterior scales of the involucre shorter than the interior : disk dark purple. 12. C. Leavenworthii, TOIT. & Gray. Smooth ; stem dichotomous above ; leaves opposite, linear, entire, or with two lateral lobes ; rays 3-toothed ; achenia with a broad whitish entire wing, conspicuously 2-toothed. — Tampa Bay, East Florida. — Stem slender, l°-2°high. Lower leaves 3' -4' long, 1 " wide. Rays 5'' - 6" long. 13. C. gladiata, Walt. Smooth ; stem terete, naked above, simple, or with few peduncle-like branches ; leaves fleshy, alternate, entire, or rarely 3-lobed ; the lowest ones spatulate-oblong, on long petioles ; the upper small, linear ; heads large ; exterior scales of the involucre small and roundish ; rays showy, 4-toothed ; wings of the achenia pectinately toothed. — Low pine barrens, Flor- ida to North Carolina, and westward. Sept. and Oct. — Stem 2° - 3° high. Lowest leaves 8' - 10' long. Rays wedge-shaped, 1' long. 14. C. angustifolia, Ait. Smooth ; stem slender, 4-angled, dichoto- mously branched above ; leaves opposite or alternate, linear, obtuse, entire ; the lowest ones spatulate-lanceolate ; heads small, corymbose ; rays 3-toothed ; wings of the achenia pectinately toothed. — Pine-barren swamps, Florida to North Carolina, and westward. Sept. and Oct. — Stem 2° -3° high. Leaves some- what fleshy. Rays £' long. 15. C. integrifolia, Poir. Smooth ; stem terete, corymbosely branched above ; leaves opposite, petioled, entire, ovate or oblong, obtuse, the margins scarious and roughish ; heads few, on long peduncles ; exterior scales of the 236 COMPOSITE. (COMPOSITE FAMILY.) involucre oblong-linear ; rays wedge-shaped, palmately 3-lobed ; ovary wingless, with hispid margins. — River-banks, South Carolina and Georgia. September. — Stem 2° -3° high. -«-•»-•»- Rays purple or rose-color. 16. C. nudata, Nutt. Smooth ; stem slender, forking above ; leaves al- ternate, distant, terete, and* rush-like ; rays bright purple, 3-toothed ; achenia with lacerated wings, 2-awned. — Pine-barren ponds, Florida and Georgia, near the coast. April. — Stem 2° high. Lowest leaves 1° long. Rays 1' long. 17. C. rosea, Nutt. Smooth; stem low, branching; leaves opposite, lin- ear ; heads small ; rays slightly 3-toothed ; achenia wingless, unawned. — Swamps, Georgia, Nuttall, and northward. July and August. — Stem 8' -12' high. Rays rose-color. 18. C. CEmleri, Ell. Leaves broad-lanceolate, sessile, acute at each end, entire ; peduncles axillary and terminal, dichotomously corymbose. — Collected near the junction of the Broad and Saluda Rivers by Mr. GEmler. Elliott. — Stem 2° - 3° high, angular, smooth. Leaves connate by a smaH membrane. Heads small. Rays about 8, entire. Achenia wedge-shaped, slightly 2-toothed and margined. ( * ) 61. COSMOS, Cav. Scales of the involucre more or less united. Achenia terete or 4-angled, nar- rowed or beaked at the apex, and crowned with 2-4 downwardly barbed or hispid deciduous awns. Otherwise like Coreopsis. — Leaves opposite, pinnately divided. Disk yellow. Rays purplish. 1. C. caudatus, Kunth. Smooth ; leaves bipinnately divided, with the divisions lanceolate and entire; achenia (!' long) tapering into a very long rough beak, 2-awned ; rays short, 3-cleft, rose-color. — Key West, Florida. 52. BIDENS, L. BEGGAR-TICKS. Chiefly like Coreopsis ; but the exterior involucre often long and leaf-like ; the achenia compressed, or 3 - 4-angled, (not narrowed at the apex,) and crowned with 2 -4 persistent downwardly barbed or hispid awns. — Leaves serrate, or pinnately divided, opposite. Rays yellow or white, often wanting. Disk yellow. * Achenia flattened, narrowly wedge-shaped. 1. B. frondosa, L. Stem tall, branched ; leaves thin, long-petioled, pin- nately 3 - 5-divided ; the divisions ovate or ovate-lanceolate, acuminate, sharply serrate ; heads discoid ; exterior scales of the involucre large, leafy ; achenia 2-awned. — Low ground, Florida and northward. July -Sept. © — Stem 2° - 5° high. Margins of the achenia upwardly ciliate. 2. B. COnnata, Muhl. Stem low, branched ; leaves oblong-lanceolate, acuminate, coarsely serrate, tapering and connate at the base, the lowest often 3-parted ; heads discoid ; exterior involucre leafy ; achenia 2-4-awned, with downwardly hispid margins. — Western districts of Georgia and westward, in damp soil. July - Sept. ® — Stem 1° - 2° high. COMPOSITE. (COMPOSITE FAMILY.) 237 3. B. chrysanthemoides, Michx. Smooth ; stem erect or ascending ; leaves undivided, oblong-lanceolate, obscurely serrate, connate; heads radiate, showy; achenia 2-4-awned. — Wet places, Florida to Mississippi, and north- ward. Sept. and Oct. (J) — Stem thick, 1° - 2° high. * * Achenia 3 - t-angled, linear : heads radiate : scales of the involucre nearly equal. 4. B. leucantha, Willd. Stem low, 4-angled; leaves pinnatcly 3-5- divided ; the divisions ovate or lanceolate, serrate ; the lowest ones undivided ; outer scales of the involucre obtuse, spreading ; the inner ones acute ; rays 5, white; achenia 2-4-awned. — South Florida. Oct. -Dec. — Stem 10' -15" high. 5. B. bipinnata, L. Stem tall, 4-angled, much branched ; leaves bipin- nate, the divisions small, ovate or lanceolate, acute ; heads small ; rays 2-3, yellow ; achenia 3 - 4-awned. — Cultivated grounds, common. Aug. and Sept. (!) — Stem 2° - 5° high. 53. SPILANTHES, Jacq. Heads many-flowered ; the ray-flowers often wanting. Scales of the involucre in 2 rows, appressed, shorter than the disk. Receptacle convex or elongated ; the membranaceous chaff embracing the flowers. Achenia of the disk pom- pressed, mostly ciliate on the margins, naked at the apex, or with 1-3 bristly awns ; those of the rays 3-angled. — Chiefly annual and acrid herbs, with oppo- site undivided leaves, and solitary heads of yellow flowers on long peduncles. 1. S. repens, Michx. Stem branching, slightly pubescent, decumbent and rooting at the base ; leaves ovate-lanceolate or lanceolate, slightly serrate, nar- rowed into a petiole ; heads small, ovoid, becoming oblong-conical ; achenia awnless, not ciliate ; rays 12. ( Acmella repens, Pers.) — Muddy banks, Florida to South Carolina. Sept. and Oct. 1\|? — Stem 6' -12' long. 2. S. Nuttallii, Torr. & Gray. Villous-pubescent or smoothish ; stem diffusely branched, ascending ; leaves ovate or oblong, coarsely serrate, abruptly petioled ; heads ovoid, at length oblong-conical ; achenia awnless or with 1-2 minute awns, ciliate on the margins; rays 10-12. — Inundated places, East Florida. Aug. - Oct. — Stem 1° - 2° long. 54. VERBESINA, L. Heads many-flowered ; the ray-flowers few, sometimes wanting. Scales of the involucre imbricated in 2 or more rows. Receptacle flat, or somewhat convex ; the chaff concave. Achenia laterally compressed, wingless, 2-awned. — Peren- nial herbs. Stems mostly winged by the decurrent serrate or lobed leaves. Heads corymbose. Flowers white or yellow. 1. V. Siegesbeckia, Michx. Stem 4-winged, branching; leaves oppo- site, ovate or ovate-lanceolate, acuminate, sharply serrate, 3-ribbed ; corymbs trichotomous ; rays 1-5, yellow; achenia wingless. — Waste places, road-sides, &c., Mississippi to North Carolina. Sept — Stem 4° - 6° high. 238 COMPOSITE. (COMPOSITE FAMILY.) 2. V. Virginica, L. Stem 3-winged ; the branches mostly wingless, to- mentose ; leaves ovate or ovate-lanceolate, irregularly serrate or sinuate-lobed, tapering into winged petioles, rough above, downy beneath ; corymbs cymose ; rays 3-4, oval, white; achenia winged. (V. sinuata, Ell.) — Dry open woods, Florida and northward. Sept. — Stem 2° - 6° high. 55. FLAVERIA, Juss. Heads few-flowered, discoid, or with a single pistillate ray. Involucre of 3-5 oblong nearly equal scales. Receptacle naked. Achenia oblong- or club-shaped, smooth, striate. Pappus none. — Tropical herbs, with opposite leaves, and densely clustered heads of yellow flowers. 1. F. linear is, Lagasca. Stem somewhat prostrate at the base, branched above, smoothish ; leaves fleshy, linear, connate, entire ; corymb dense ; scales of the involucre mostly 5; ray often wanting. — Key West. — Stem l°-2° high. 56. GAILLARDIA, Foug. Heads many-flowered ; the rays neutral, deciduous. Scales of the involucre in 3 rows, acute, spreading above. Receptacle convex or hemispherical, naked or fimbrillate. Rays wedge-shaped, palmately 3-lobed. Corolla of the disk witn subulate lobes. Achenia top-shaped, hairy. Pappus of 6-10 membrana- ceous 1 -nerved awned scales. — Pubescent branching herbs, with alternate leaves, and solitary heads of yellow or purple flowers terminating the branches. 1. G. lanceolata, Michx. Stem (l°-2°) with long and slender branch- es ; leaves narrow-lanceolate, mostly entire, sessile, the lowest narrowed at the base ; rays yellow, sometimes wanting ; disk-flowers purple ; receptacle naked ; scales of the pappus 7-9. — Dry pine barrens, Florida to South Carolina. July - Sept. 57. PALAFOXIA, Lagasca. Heads many-flowered ; the ray-flowers pistillate, or none. Scales of the ob- conical involucre in 2 rows, membranaceous at the summit. Receptacle flat, naked. Achenia slender, 4-angled, tapering at the base. Pappus of 6-12 membranaceous denticulate scales, pointed by the prolonged rigid midrib. — Herbs or shrubs, with narrow entire leaves, and heads of white or purple flow- el's in a terminal corymb. 1. P. integrifolia, Torr. & Gray. Stem (2° high) branched above, smoothish ; leaves lanceolate, rough ; the lower ones often opposite ; rays none ; flowers purplish; scales of the pappus 8 - 9, linear-subulate. ( Poly pteris inte- grifolia, Nutt.) — Dry pine barrens, Georgia and Florida. July - Sept. 58. HYMENOPAPPUS, L'Herit. Heads many-flowered ; the flowers all tubular and perfect. Scales of the in- volucre 6-12, oval or obovate, membranaceous, white. Receptacle naked. Corolla slender. Achenia top-shaped, 4-angled. Pappus of 12- 20 short obtuse COMPOSITE. (COMPOSITE FAMILY.) 239 thin scales. — Hoary or woolly herbs, with alternate pinnately lobed or divided leaves. Heads corymbed. Flowers commonly white. 1. H. seabiosseus, L'Herit. Hoary-tomentose ; stem corymbosely branched ; leaves pinnatifid or the lowest bipinnatifid, with lanceolate or oblong divisions ; scales of the involucre broadly obovate, longer than the disk ; pappus minute. — Light dry soil, Florida to South Carolina, and westward. April and May. — Stem 2° high. Leaves at length smoothish above. 59. HELENIUM, L. Heads many-flowered, radiate ; the rays pistillate, wedge-shaped, 3 - 5-cleft. Scales of the involucre in 2 rows ; the outer ones linear or subulate, spreading, the inner fewer and chaffy. Receptacle naked, convex, globose, or oblong. Co- rolla of the disk 4 - 5-toothed. Achenia top-shaped, furrowed, hairy. Pappus of 5-8 membrana<;eous pointed or awned I -nerved scales. — Erect branching herbs, with the stem winged by the alternate decurrent leaves. Heads terminat- ing the branches. Flowers mostly yellow. * Disk globose : corolla of the disk mostly 5-clcft. 1. H. autumnale, L. Smooth or minutely pubescent ; leaves lanceolate or oblong, serrate, strongly decurrent ; scales of the involucre linear-subulate ; scales of the pappus ovate-lanceolate, denticulate, awn-pointed ; rays 3 - 5-cleft, longer than the disk. — Damp soil, Florida, and northward. Aug. and Sept. — Stem 2° - 4° high. Achenia hairy. 2. H. parviflorum, Nutt. Smooth ; leaves lanceolate or oblong-lanceo- late, sparingly serrulate, scarcely decurrent ; scales of the involucre filiform ; rays 3-cleft, narrow ; achenia smooth ; pappus awned. — Georgia, Nuttall. — Heads smaller than the last. 3. H. temiifolium, Nutt. Smooth ; stem slender, very leafy ; leaves narrow-linear, entire ; heads on long and slender peduncles ; scales of the in- volucre subulate ; scales of the pappus ovate, entire, abruptly awned ; achenia villous. — Road-sides, West Florida, and westward. September. — Stem 1° - 2° high. Branches erect. * * Disk conical or oblong : corolla mostly 4-cleft. 4. H. quadridentatum, Labill. Smoothish ; lowest leaves oblong, pinnatifid ; the upper ones lanceolate, entire ; rays shorter than the oblong disk ; scales of the pappus roundish, obtuse. — River-banks and damp soil, North Car- olina, and westward. ® — Stem much branched, l°-3° high. 60. LEPTOPODA, Nutt Heads many-flowered, radiate; the rays neutral, 3 -4-cleft. Disk-flowers 4 -5-toothed. Scales of the involucre in 1-2 rows, spreading; the exterior leafy, numerous ; the interior short and chaffy. Receptacle conical or hemi- spherical, naked. Achenia short, truncate at each end, striate. Tappus of 6 - 12 scarious toothed or fimbriate scales. — Perennial herbs. Stems mostly simple, naked above. Leaves alternate. Heads solitary. Flowers yellow or purple. 240 COMPOSITE. (COMPOSITE FAMILY.) * Stems commonly simple, dilated under the head : disk-flowers yellow : rays 20 or more. •- Achenia smooth. 1. L. Helenium, Nutt. Smooth or nearly so ; leaves entire or obscurely serrate, lanceolate or linear, the lower ones decurrent, the lowest tapering into a petiole ; rays 20 -30 in a single row ; scales of the pappus lacerate, and mostly bristle-pointed ; achenia smooth. (L. decurrens, Ell.) — Margins of pine-barren ponds, Florida to South Carolina, and westward. April and May. — Stem l°-2°high. 2. L. incisa, Torr. & Gray. Smooth ; leaves lanceolate, rather obtuse, sessile, not decurrent, sinuate-pinnatifid or incised ; scales of the pappus lacer- ate, or slightly fimbriate at the summit ; rays about 40, in 2 -3 rows. — Low pine barrens, Georgia and westward. — Resembles No. 4. -»— •«— Achenia hairy on the angles. 3. L. fimbriata, Torr. & Gray. Stem smooth, sometimes branching, the peduncle slightly pubescent ; leaves linear-lanceolate, acute', entire or obscurely serrate, decurrent ; scales of the pappus fimbriate. — Low pine barrens, Florida, and westward. April and May. — Stem l°-2° high. 4. L. puberula, Macbride. Closely pubescent ; leaves somewhat fleshy, linear-lanceolate, sessile but not decurrent, denticulate; the lowest spatulate- lanceolate, toothed or pinnatifid ; scales of the pappus obtuse, with slightly lacerated margins. — Wet pine barrens, Florida to North Carolina, and west- ward. April and May. — Stem 2° high. 5. L. brevifolia, Nutt. Stem pubescent above, often sparingly branched ; leaves entire, more or less decurrent, the upper ones lanceolate, the lowest spatu- late-oblong, obtuse ; scales of the pappus obtuse, slightly lacerate at the apex. — "Wet places, Alabama to North Carolina. May and June. — Stem l°-3° high. Heads large. * Stems branching, leaf y : heads corymbose : rays 8-12 : flowers of the disk purple. 6. L. brachypoda, Torr. £ Gray. Stem pubescent ; leaves lanceolate, entire or nearly so, decurrent ; scales of the pappus ovate, slightly denticulate, abruptly awn-pointed ; achenia hairy on the angles. — River-banks, Florida to North Carolina. May and June. — Stem 1° -2° high. 61. BALDWINIA, Ell. Heads many-flowered, globose in fruit; the ray-flowers 20-30, neutral, 3-toothed at the apex ; tube of the disk-flowers dilated and indurated. Scales of the involucre short, fleshy, imbricated in about 4 rows. Receptacle deeply alve- olate ; the 5 - 6-angled cells with entire margins, enclosing the slender obconical hairy achenia. Pappus of 7 - 9 oblong nerveless chaffy scales, as long as the achenia. — An erect puberulent mostly simple perennial herb, with alternate fleshy entire linear or (the lowest) spatulate leaves, and a solitary head of yellow flowers on a long peduncle. 1. B. uniflbra, Ell. — Low pine barrens, Florida to North Carolina, and westward. September. — Stem 2° -3° high. Heads large. —Dr. Curtis finds a form with the disk-flowers dark-purple. The rays are also sometimes tubular. COMPOSITE. (COMPOSITE FAMILY.) 241 62. ACTINOSPERMITM, Ell. Scales of the involucre in about 2 rows, lanceolate, setaceously acuminate. Margins of the cells of the receptacle cuspidate-toothed. Achenia radiate at the summit. Pappus a row of 12 short roundish entire scales. Otherwise like Bald- winia. — A slender branching annual. Leaves alternate, linear, fleshy. Heads of yellow flowers showy, terminating the peduncle-like summit of the branches. 1. A. angUStifolium, Torr. & Gray. (Baldwinia multiflora, Nutt.) — Dry sandy ridges in the pine barrens, Florida and Georgia. Sept. — Stem l°-2° high, smooth. Leaves very numerous, sprinkled with jointed hairs. 63. MARSHALLIA, Schreb. Heads many-flowered ; the flowers all tubular and perfect. Corolla pubescent, with linear spreading lobes. Scales of the involucre oblong-linear or lanceolate, in 1 - 2 rows. Chaff of the convex or conical receptacle narrow-linear, rigid. Achenia oblong, narrowed downward, 5-angled, mostly hairy. Pappus of 5 - 6 ovate or triangular acuminate entire membranaceous scales. — Perennial herbs, with simple and scape-like or branching stems, smooth entire 3-nerved alternate leaves, and a solitary head of white or purplish flowers terminating the stem or branches. Anthers blue. 1. M. latifolia, Pursh. Stem leafy, simple or sparingly branched above ; leaves ovate-lanceolate, acuminate ; scales of the involucre linear-lanceolate, acute ; achenia smooth. — Dry soil, in the upper districts. May and June. — Stem 1° high. 2. M. lanceolata, Pursh. Stem naked above, simple, pubescent ; leaves lanceolate, obtuse ; the lowest spatulate ; scales of the involucre oblong-linear, obtuse ; achenia pubescent. — Var. PLATYPHYLLA, Curtis. Stem leafy to the middle; leaves longer and broader; the lowest (5' -6') on long and slender petioles. — Dry open woods, Florida to North Carolina, and westward ; the variety in the upper districts. April -June. — Stem 6' - 12' high. Leaves 2' -3' long. 3. M. angustifolia, Pursh. Stem simple or branched, leafy below, pu- berulent above ; leaves linear, acute, the lowest spatulate ; scales of the involu- cre linear and acute ; disk at length ovate or oblong ; achenia with haiiy angles. — Low pine barrens, Florida to North Carolina. July and Aug. — Stem 2° - 3° high. 64. MARUTA, Cass. MAY-WEED. Heads many-flowered ; the rays neutral. Scales of the hemispherical involu- cre imbricated in few rows, shorter than the disk. Receptacle conical, chaffy throughout, or only at the summit. Achenia obovoid, ribbed, smooth. Pappus none. — Branching annuals. Leaves alternate, thrice pinnately divided. Heads solitary, terminal. Rays white. 1. M. Cotula, DC. Stem 1° high; divisions of the leaves linear; scales of the involucre with scarious margins ; disk yellow. (Anthemis Cotula, L.) — Waste places. Introduced. May and June. 21 242 COMPOSITE. (COMPOSITE FAMILY.) 65. ACHILLEA, L. YARROW. Heads many-flowered ; the rays pistillate, few and short. Scales of the invo- lucre imbricated. Receptacle flat or elongated, chaffy. Achenia oblong, com- pressed, margined. Pappus none. — Perennial herbs. Leaves alternate, com- monly pinnately divided. Heads small, corymbose. « 1. A. millefolium, L. Stems (1° high) simple, pubescent, tufted; leaves lanceolate, bipinnatifid, the divisions linear, 3 - 5-cleft ; corymbs dense, compound ; rays 4-5, white. — Old fields and around dwellings. Introduced. May- Sept. 66. LEUCANTHEMUM, Tourn. OX-EYE DAISY. Heads many-flowered ; the rays numerous, pistillate. Scales of the involucre imbricated, broad, rounded, with scarious margins. Receptacle flat or convex, naked. Achenia nearly terete. Pappus none. — Perennial herbs. Leaves alter- nate, toothed or pinnatifid. Heads solitary, terminating the stem or branches. Rays white. 1. L. Vlllgare, Lam. Stem (6' -12' high) simple, naked above; leaves pinnatifid ; the lowest spatulate-obovate ; the upper lanceolate ; heads showy. (Chrysanthemum Leucanthemum, L.) —Fields. Introduced. May and June. 67. TANACETUM, L. TANSY. Heads many-flowered, discoid ; the flowers all fertile ; the marginal ones chiefly pistillate, 3-5-toothed. Scales of the involucre imbricated, dry. Receptacle convex, naked. Achenia angled or ribbed. Pappus a narrow border, or none. — Herbs with alternate dissected leaves, and solitary or corymbose heads of yellow flowers. 1. T. vulgare, L. Stem smooth, erect; leaves bipinnately divided, the lobes serrate ; heads corymbose, numerous ; pappus 5-lobed. — Common in gardens, and sparingly naturalized in North Carolina. 1\|. — Stem 1° - 2° high. 68. ARTEMISIA, L. WORMWOOD. Heads few- or many-flowered, discoid ; the central flowers perfect, 5-toothed (sometimes abortive), the marginal ones pistillate, 3-toothed. Scales of the in- volucre imbricated, mostly with scarious margins. . Receptacle convex, naked or villous. Achenia obovoid. Pappus none. — Aromatic herbs or shrubs. Leaves alternate, pinnately divided. Heads small, in panicled spikes or racemes. 1 . A. .caudata, Michx. Smooth ; stem slender, branching ; lowest leaves 2 -3-pinnately divided, the upper ones pinnate, with the divisions filiform ; heads globular, in small racemes, forming an elongated panicle. — Dry open woods, West Florida, and northward. Sept. @ — Stem 2° - 6° high. Receptacle naked. Disk-flowers abortive. 69. SOLI V A, Ruiz & Pavon. Heads many-flowered, monoecious ; the fertile flowers in several rows, apeta- lous or nearly so ; the staminate few in the centre, with a 3- 6'-toothed corolla. COMPOSITE. (COMPOSITE FAMILY.) 243 Scales of the involucre 5 - 10, in a single row. Receptacle flat, naked. Ache- nia compressed, with winged or thickened margins, armed with the persistent rigid style. Pappus none. — Small depressed herbs, with petioled pinnately divided leaves, and small sessile or rarely pedunculate heads. 1. S. nasturtiifolia, DC. Very low and depressed ; leaves on short peti- oles, pinnately parted ; the lobes 3-4 on each side, obtuse, entire ; heads sessile ; achenia cuneiform, villous at the apex ; the callous margin tuberculate-rugos,e throughout. (Gymnostylis stolonifera, Nuit.) — South Carolina, around Charles- ton. Introduced. Feb. - May. 70. GNAPHALIUM, L. EVERLASTING. Heads many-flowered, discoid ; the exterior and pistillate ones very slender, mostly in several rows ; the central ones perfect. Scales of the involucre im- bricated, appressed, scarious. Receptacle flat, naked. Achenia terete or more or less flattened. Pappus a single row of capillary bristles. — Woolly or downy herbs. Leaves alternate, undivided. Heads in crowded spikes or corymbs. In- volucre colored. 1. G. polycephalum, Michx. Stem woolly, white, branching above; leaves linear, sessile, undulate, white beneath ; heads corymbose ; scales of the involucre white, obtuse. — Old fields, common. Sept. and Oct. (i) — Stem 2° high. Perfect flowers few. 2. G. purpureum, L. Woolly or tomentose and hoary throughout; stems branching at the base, ascending, simple ; lowest leaves spatulate-lanceo- late, the upper ones linear ; heads in crowded spikes. — Cultivated ground, very common. April -June. (J) — Stems 4' -12' high. 71. ANTENNAKIA, Gaert. EVERLASTING. Heads many-flowered, dioecious, discoid ; the corolla of the sterile flowers 5- cleft ; of the pistillate ones filiform. Scales of the involucre imbricated, scarious, colored. Receptacle convex or flat. Achenia .nearly terete. Pappus a single row of capillary bristles, which, in the staminate flowers, are thickened at the apex. — Perennial downy or woolly herbs, with alternate entire leaves, and corymbose rarely single heads. 1. A. margaritacea, R. Br. Stem corymbose above, woolly; leaves linear-lanceolate, with revolute margins, tomentose ; heads corymbose ; invo- lucre white. — Upper districts of North Carolina, and northward. Sept. and Oct. — Stem 1° - 2° high. 2. A. plantaginifolia, Hook. Stoloniferous ; stems scape-like ; radical leaves spatulate or obovate, hoary, becoming smooth above, 3-ribbed ; those of the stem few, linear or lanceolate ; heads small, in a terminal cluster, sometimes single and larger; involucre white or purplish. — Sterile soil, Florida, and north- ward. March - May. — Stem 6' - 1 2' high. 244 COMPOSITE. (COMPOSITE FAMILY.) 72. ERECHTHITES, Raf. FIREWEED. Heads many-flowered, discoid ; the marginal flowers pistillate, very slender, 2 - 3-toothed ; the others perfect, 4 - 5-toothed. Scales of the cylindrical involu- cre in a single row, linear, acute, bracted. Receptacle naked. Achenia oblong, striate. Pappus of copious soft hairs. — Erect annual herbs, with alternate simple leaves, and corymbose heads of greenish flowers. 1. E. ideracifolia, Raf. Stem mostly branched, smooth or hairy ; leaves lanceolate, sessile, sharply serrate or toothed ; the upper somewhat clasping ; bracts subulate, minute ; pappus white. (Senecio hieracifolius, L.) — Rich soil, common. July - Sept. — Stem 1° - 5° high. 73. CACALIA, L. Heads 5 - many-flowered ; the flowers all tubular and perfect, 5-cleft. Scales of the involucre 5-30, in a single row. Receptacle flat, naked, or with a tuber- cular prominence in the centre. Achenia oblong, smooth. Pappus of numerous capillary bristles. — Perennial, mostly smooth and tall herbs, with alternate entire or lobed leaves, and corymbose heads of white flowers. # Receptacle fiat : involucre about 12-leaved, 25 - 30-jloivered. 1. C. suaveolens, L. Smooth ; leaves ovate, hastate, acute, toothed- serrate, on winged petioles; the uppermost sessile; bracts filiform. — Low ground, West Florida, and northward. Sept. and Oct. — Stem 3° - 5° high. * * Receptacle tubercular in the centre : scales of the involucre and flowers 5. 2. C. reniformis, Muhl. Stem angled ; leaves not glaucous, angularly toothed, on slender petioles ; the lowest large, reniform, the upper ones roundish ; corymb compound. — Damp soil in the mountains of North Carolina and Tea- nessee. July and Aug. — Stem 4° -9° high. Radical leaves sometimes 2° in diameter, the teeth mucronate. 3. C. atriplicifolia, L. Stem terete, corymbosely branched above ; leaves glaucous beneath, angularly lobed, the lobes mostly entire, mucronate ; the lowest ones reniform ; the upper rhomboid ; corymbs compound. — "Woods and moist banks, Florida, and northward. — Aug. and Sept. — Stem 4° - 8° high. Leaves smaller and thicker than the last. 4. C. diver sifolia, Torr. & Gray. Stem angled ; leaves not glaucous, petioled ; the lowest broadly cordate or cordate-ovate, obtusely toothed, the upper 3 - 5-lobed. — Muddy banks of the Chipola River, Marianna, "West Florida. May - Aug. — Stem 2° - 3° high. 5. C. ovata, Walt. Stem terete; leaves glaucous beneath, 3-5-nerved, ovate or oval, obtuse, entire or wavy-toothed ; the lowest long-petioled ; the upper ones sessile ; corymbs open. — Swamps, Georgia, Florida, and westward. July and Aug. — Stem 3° - 4° high. Lowest leaves 5' - 8' long. 6. C. tuberosa, Nutt. Stem furrowed, angled ; leaves not glaucous, oval or lanceolate-oblong, strongly 5 - 7-nerved, entire or slightly toothed ; the lowest long-petioled ; corymbs dense. — Swamps, Georgia, Florida, and westward. Aug. and Sept. — Stem 3° - 5° high. Leaves thick. COMPOSITE. (COMPOSITE FAMILY.) 245 7. C. lanceolata, Nutt. Stem terete ; leaves rather fleshy, lanceolate or linear-lanceolate, entire, 3-nerved, somewhat glaucous ; the lowest tapering into a long petiole, the upper sessile. — Brackish marshes, Georgia, Florida, and west- ward. Aug. and Sept. — Stem 3° - 5° high. Lowest leaves 1° or more long. 74. SENECIO, L. GROUNDSEL. BUTTER-WEED. Heads many-flowered ; the flowers all tubular and perfect, or with pistillate rays. Scales of the involucre in a single row, often bracted. Receptacle naked or alveolate. Achenia not beaked nor winged. Pappus of copious soft hairs. — Herbs, with entire or pinnately divided leaves. Heads corymbose. Flowers yellow. Pubescence mostly webby and deciduous. * Annual : heads radiate. 1. S. lobatus, Pers. Smooth; stem furrowed, hollow ; leaves tender, ly- rate-pinnatifid, with rounded toothed lobes ; the earliest orbicular, long-petioled ; rays about 12. — Low ground, Florida to North Carolina, and westward. March and April. — Stem 1° - 3° high. Lobing of the leaves variable. * * Perennial: heads radiate : lowest leaves petioled, undivided; the others pinnately lobed or toothed ; the uppermost sessile. 2. S. aureus, L. Smooth, or more or less woolly when young ; stem (2° high) slender ; radical leaves long-petioled, round-cordate, crenate; the others lanceolate or oblong-lanceolate, pinnatifid ; rays 8 - 12 ; achenia smooth. — Mountains of North Carolina. July. Var. fastigiatUS. Stem stout (2° -3° high), stoloniferous ; petioles of the larger (2' wide) leaves, as also the involucre, densely woolly at the base. — River-banks, Florida. Var. Balsamitse. Radical leaves spatulate-lanceolate or obovatc ; lower part of the stem often densely woolly ; achenia hairy. — Dry open woods in the upper districts. May and June. — A polymorphous species. 3. S. tomentoSUS, Michx. Woolly and hoary throughout ; the leaves becoming smoothish ; lowest leaves oblong, crenate, obtuse ; stem-leaves few, scattered, lanceolate, acute, serrate or toothed; rays 12-15; achenia hairy. — Damp soil, Florida to North Carolina. April and May. — Stems mostly simple, 2° - 3° high. Heads rather large. 4. S. Elliottii, Torr. & Gray. Smoothish ; leaves chiefly radical, thick, obovate or roundish, crenate, on short winged petioles ; those of the stem small, pinnatifid; heads crowded; rays 9-12; achenia smooth. (S. obovatus, Ell. in part.) — Rocky places, West Florida to North Carolina. April and May. — Stem 1° high. Radical leaves 2' -3' wide. * * * Perennial : heads radiate : leaves all bipinnately dissected. 5. S. MiUefolium, Torr. & Gray. Woolly when young, at length nearly smooth ; stems tufted, corymbose above ; leaves lanceolate, with the divisions linear and toothed, the lowest ones petioled; heads crowded; rays 9 -12. — Mountains of North Carolina, Buckley. June. — Stems l°-2° high. 21* 246 COMPOSITE. (COMPOSITE FAMILY.) 0 75. BUGELIA, Shnttl. Heads many-flowered, the flowers all tubular and perfect. Scales of the cara- panulate involucre lanceolate, equal, in a single row. Receptacle convex, naked. Corolla 5-cleft. Style bulbous at the base, the long branches truncated at the apex, and beset with rigid reflexed hairs. Achenia terete, striate. Pappus of numerous rather rigid rough bristly hairs. — A perennial herb, with alternate undivided leaves, and large heads in a simple corymbose raceme. 1. R. nudicaulis, Shuttl. Minutely pubescent; rhizoma creeping ; stem simple, erect ; leaves ovate, acute at each end, denticulate ; the lowest ones large (2' -4'), crowded, on long margined petioles, the others small, scattered, and nearly sessile ; heads on long bracted peduncles. — Smoky Mountains, Tennes- see, Rugel, Buckley. — Stem 1° high. 76. ARNICA, L. Heads many-flowered, radiate ; the rays pistillate. Scales of the campanulate involucre lanceolate, equal, in about two rows. Receptacle flat, hairy. Achenia terete, narrowed dowmvard, somewhat ribbed. Pappus a single row of rough bristly hairs. — Perennial herbs. Leaves opposite, undivided. Heads single or corymbose. 1 . A. nudicaulis, Ell. Hirsute ; radical leaves spreading, oval or ob- ovate, obtuse, 3-5-ribbed, serrate or entire; the others (2-3 pairs) distant, oblong, sessile ; heads corymbose, showy ; achenia smoothish. — Wet pine bar- rens, Florida, and northward. April and May. — Stem 1° - 2° high, simple, or with few opposite branches. TRIBE V. C YNARE^E. Heads discoid ; the flowers all tubular ; the exterior ones sometimes enlarged and ray-like : style thickened at the summit ; the stigmatic lines extending to the summit of the branches, without appendages. 77. CENTAUBEA, L. STAR-THISTLE. Heads many-flowered ; the marginal flowers mostly large and sterile. Scales of the involucre imbricated. Receptacle bristly. Achenia compressed. Pappus of rough bristles in one or more rows, sometimes wanting. — Herbs. Leaves alternate. Heads solitary. 1. C. Calcitrapa, L. Stem diffusely branched, hairy; leaves pinnately lobed ; the lobes linear, toothed ; heads sessile ; involucre spiny ; pappus none. — North Carolina. Naturalized. — Flowers purple. 78. CIRSIUM, Tourn. THISTLE. Heads many-flowered, discoid ; the flowers all similar and perfect. Scales of the involucre imbricated in many rows, all but the innermost ones usually spine- pointed. Receptacle bristly. Achenia oblong, compressed, smooth. Pappus of numerous plumose hairs. — Herbs, with alternate sessile or decurrent mostly pinnatifid and spiny leaves. Heads large, subglobose. Flowers purple or whitish. COMPOSITE. (COMPOSITE FAMILY.) 247 * Leaves decurrent. 1 . C. lanceolatum, Scop. Stem hairy, branched ; leaves pinnatifid, spiny, hirsute above, woolly beneath ; scales of the involucre webby, tipped with strong erect spines; flowers purple. — Banks of the Savannah River at Augusta to North Carolina, and northward. Introduced. Sept (\|) — Stem 2° -3° high. * * Leaves sessile. H- Scales of the involucre tipped with spreading spines. 2. C. discolor, Spreng. Stem tall, hirsute, the branches leafy to the sum- mit ; leaves deeply pinnatifid, smoothish, or with scattered hairs above, hoary- tomentose beneath ; the divisions 2 - 3-lobed, pointed with a spine, and ciliate on the margins ; scales of the involucre narrow, webby, tipped with a very slender spreading spine ; flowers purple. — Margins of fields, &c. in the upper districts. July -Sept. (D — Stem 3° -6° high. Lower leaves 6' -12' long. Heads about 1' in diameter. 3. C. altissimum, Spreng. Stem tall, pubescent ; the branches leafy to the summit ; leaves rough-pubescent above, hoary-tomentose beneath, fringed with fine prickles ; the lowest petioled, pinnatifid ; the upper sessile, entire or pinnately lobed ; heads bracted ; scales of the involucre webby when young, tipped with a weak prickle ; flowers purple. — Fields and thickets, Mississippi to North Carolina, and northward. Aug. and Sept. — Stem 3° -10° high. Heads about 1' in diameter. Involucre somewhat viscid. 4. C. Nuttallii, DC. Stem angled, paniculately branched, smooth or hairy ; the branches naked at the summit ; leaves clasping, soft-hairy, becoming smoothish above, pinnatifid ; the numerous spreading lobes lanceolate, 3-toothed, tipped with strong spines, and ciliate on the margins ; heads numerous, small, bractlcss ; scales of the involucre appressed, viscid, tipped with a short, at length spreading prickle ; corolla white or pale purple. (Cnicus glaber, Ell.) — Dry light soil, Florida to South Carolina. July and Aug. — Stem 3° - 8° high. Heads 8" - 10" in diameter. 5. C. Virginianum, Michx. Stem slender, simple or sparingly branched, hoary-tomentose ; leaves linear, or linear-lanceolate, rigid, smooth above, hoary beneath ; the margins revolute, toothed or pinnatifid, and spiny ; scales of the involucre viscid, spiny ; flowers purple. — Pine-barren swamps, Florida, and northward. Aug. and Sept. — Stem 2° - 3° high. Heads £' in diameter. H- H- Scales of the involucre spineless, or the outer ones spine-pointed. 6. C. muticum, Michx. Stem tall, branching, commonly hairy; leaves with scattered hairs above, pubescent or at length nearly smooth beneath, bristly- ciliate on the margins, deeply pinnatifid; the lobes lanceolate, 2 -3-toothed, spiny ; scales of the involucre unarmed, webby, viscid ; flowers purple. — Swamps in the upper districts. Aug. and Sept. — Stem 3° - 8° high. Heads 1' in diameter. 7. C. Lecontei, Torr. & Gray. Stem simple, or with 1-3 nearly naked branches, hoary-tomentose; leaves lanceolate, smooth above, hoary beneath, entire, the margins fringed with bristly hairs, and spiny ; the earliest ones pin- 248 COMPOSITE. (COMPOSITE FAMILY.) natifid ; scales of the involucre cuspidate, viscid, not webby ; flowers purple. — Pine-barren swamps, Florida, Georgia, and westward. July and Aug. — Stem 2° - 3° high, rigid. Heads 1' in diameter. 8. C. repandum, Michx. "Webby throughout when young ; stem simple, very leafy ; leaves oblong-linear, clasping, the margins undulate and closely fringed with bristly spines ; heads mostly solitary ; flowers purple. — Dry pine barrens, Florida to North Carolina. June and July. — Stem 1° - 2° high. 9. C. horridulum, Michx. Webby when young, at length smoothish ; stem thick, branching; leaves clasping, pinnatifid, armed with long and stout spines ; heads large, surrounded by a whorl of linear pectinate spiny bracts ; scales of the involucre linear-subulate, spine-pointed ; flowers purple or yellow- ish.— Sandy soil, Florida, and northward. April and May. — Stem l°-3° high, often purple. 79. LAPPA, Tourn. BURDOCK. Heads many-flowered, discoid ; the flowers all perfect and similar. Scales of the globose involucre imbricated, coriaceous, with subulate spreading hooked tips. Receptacle flat, bristly. Achenia oblong, compressed, transversely rugose. Pappus of numerous short caducous bristles. Anthers caudate at the base. — Biennial branching herbs, with large cordate petioled leaves. Heads small. Flowers purple or white. 1. L. major, Gsert. Leaves undulate on the margins, pubescent beneath; the uppermost ovate ; heads corymbose ; involucre smooth or webby. — "Waste places, North Carolina. Introduced from Europe. SUBORDER H. !LABIATIFL,ORjE. TRIBE VI. MUTISIACE JL Heads with the flowers dissimilar or rarely dioe- cious; the marginal ones pistillate or neutral, ligulate or bilabiate: style as in Tribe V. 80. CHAPTALIA, Vent. Heads many-flowered, radiate. Ray-flowers pistillate, in two rows, the outer ones ligulate, the inner ones ligulate or 3 - 5-toothed and filiform. Disk-flowers perfect but sterile, bilabiate, the outer lip 3-cleft, the inner 2-cleft. Anthers cau- date. Scales of the cylindrical involucre lanceolate, acute, imbricated in few rows. Receptacle naked. Fertile achenia oblong, smooth, narrowed at each end. Pappus of numerous bristly hairs. — Stemless perennial herbs ; the simple scape bearing a single head of white or purplish flowers. Leaves smooth above, white tomentose beneath. 1. C. tomentosa, Vent. — Low pine barrens, Florida to North Carolina. Feb. -April. — Scape tomentose, 6' -12' high. Leaves spatulate-lanceolate or oblong. Heads nodding. COMPOSITE. (COMPOSITE FAMILY.) 219 SUBORDER III. L.IOUO FLORAE. TRIBE VII. CICHORACE^E. Style cylindrical above and pubescent, like the rather obtuse branches,- the stigmatic lines terminating below or near the middle of the branches. — Plants with milky juice : leaves alternate. 81. APOGON, Ell. Heads 10-20-flo\vered. Scales of the involucre mostly 8, somewhat in two rows, nearly as long as the corolla, connivent in fruit. Receptacle naked. Achenia ovoid-oblong, terete, ribbed and transversely striatc, smooth. Pappus none. — A low smooth and branching annual, with lanceolate entire or toothed leaves, and single or umbellate heads of yellow flowers, borne on slender pe- duncles. 1. A. humilis, Ell. —Florida to South Carolina. April and May. — Stem-leaves clasping; the uppermost mostly opposite. — Plant 6'- 12' high. 82. KRIGIA, Schreb. Heads 15 -30-flowered. Scales of the involucre 6-15, somewhat in 2 rows, equal. Receptacle naked. Achenia top-shaped, 5-angled. Pappus double; the outer of 5 broad chaffy scales ; the inner of 5 rough bristles. — Small annual herbs, branching at the base, with naked peduncle-like stems, each terminated by a small head of yellow flowers. Leaves chiefly radical, mostly lyrate or toothed. 1. K. Virginica, Willd. Proper stem short, simple or forking; scapes at length several, slightly pubescent, elongated in fruit ; leaves somewhat glau- cous ; the lowest rounded, entire ; the others spatulate-oblong, pinnatifid. (K. dichotoma, Nutt.) — Dry sandy soil, Florida, and northward. March - May. — Scapes at length 1° high. 2. K. Caroliniana, Nutt. Stem short ; scapes pubescent or somewhat hispid near the apex ; leaves linear-lanceolate, acute at each end, entire or spar- ingly toothed, or the upper ones variously lobed. (K. leptophylla, DC.) — Dry sandy places, Florida to North Carolina. Feb. and March. — Scapes 3' -12' high. 83. CYNTHIA, Don. Heads many-flowered. Scales of the involucre 12-15. Achenia short, ob- long or top-shaped, obscurely 4-angled, not beaked. Pappus double ; the outer of numerous, very small chaffy scales ; the inner of numerous bristles. — Perennial nearly smooth herbs, bearing single heads of yellow flowers on long more or less glandular peduncles or scapes. Leaves alternate, entire or pinnatifid. 1. C. Virginica, Don. Root fibrous; stem branched above, bearing 3- 5 heads on slender umbellate peduncles ; radical leaves oval or spatulate-oblong, toothed or pinnatifid ; the upper ones clasping and entire ; achenia oblong. — Sandy soil in the upper districts. May - July. — Stem 1° - 2° high. 2. C. Dandelion, DC. Stemless or nearly so ; roots bearing small tu- bers ; scapes several, bearing single heads ; lowest leaves spatulate-oblong ; the 250 COMPOSITE. (COMPOSITE FAMILY.) others linear, elongated, entire or toothed ; achenia somewhat top-shaped. — Var. MONTANA. Stem manifest, decumbent ; upper leaves nearly opposite. (Hyoseris montana, Michx. ?) — Damp soil, Florida, and northward ; the variety on the mountains of North Carolina. March -May. — Scapes 6'- 12' high. 84. HIERACIUM, Tourn. Heads many-flowered. Scales of the involucre imbricated, or in 2 rows ; the outer row short. Receptacle nearly naked. Achenia not beaked, commonly terete or spindle-shaped, ribbed. Pappus a single row of persistent brownish- white hairs. — Perennial herbs with alternate entire or toothed leaves, and single, corymbose, or panicled heads of yellow flowers. — Involucre, in our species, in 2 rows, the outer short and bract-like. 1. H. scabrum, Michx. Stem stout, leafy, hirsute below, rough above ; panicle somewhat corymbose ; leaves oval, sessile ; the lowest spatulate-oblong, hirsute; peduncles and involucre tomentose and glandular-hispid ; achenia cylin- drical. (H. Marianum, Ell.) — Open woods in the upper districts. Aug. and Sept. — Stem l°-3° high. Heads large, many-flowered. 2. H. Gronovii, L. Stem leafy and hirsute below, naked and smoother above ; leaves entire or denticulate, hirsute ; the lowest spatulate-oblong ; the upper small, sessile ; panicle narrow, elongated ; achenia narrowed upward. — Dry sandy soil, Florida, and northward. Sept. and Oct. — Steni l°-2° high. Lowest leaves spreading on the ground. 3. H. venosum, L. Stem slender, nearly leafless, smooth ; lowest leaves oblong-obovate, smooth, or hirsute on the veins beneath, often veined with purple ; the others (1-3) small and remote ; heads small, in a spreading corym- bose panicle, smoothish ; achenia linear. — Shady soil in the upper districts. May -July. — Stem 1° - 2° high. 4. H. paniculatum, L. Stem slender, leafy, villous below ; leaves thin, lanceolate, denticulate, acute, smooth; panicle divaricate ; heads small, 12-20- flowered ; involucre smooth ; achenia short, not narrowed upward. — Open woods along the mountains, Georgia, and northward. Aug. and Sept. — Stem 2° - 3° high. Peduncles filiform. 85. NABALUS, Cass. Heads 5 - 20-flowered. Involucre cylindrical, composed of 5 - 14 linear scales, and several short exterior ones. Receptacle naked. Achenia linear-oblong or cylindrical, furrowed, glabrous, not narrowed upward. Pappus of numerous straw-colored or brownish bristly hairs. — Perennial herbs, with bitter tuberous roots, entire or variously lobed leaves, and nodding heads of yellowish white or purplish flowers, in short racemes or clusters. 1. N. albus, Hook. Smooth; stem paniculate, purplish ; leaves acutish, angled, toothed, or variously 3 - 5-lobed or parted ; the lowest petioled ; the up- permost nearly sessile ; racemes short, spreading ; involucre purplish, of about COMPOSITE. (COMPOSITE FAMILY.) 251 8 scales, 8 - 1 2-flowered ; pappns light brown ; flowers white or cream-color. — Open woods in the upper districts of Georgia, and northward. Sept. — Stem 3° -4° high. 2. N. altissimus, Hook. Smooth; stem simple or sparingly branched above ; leaves thin, ovate or cordate, petioled, acuminate, denticulate, or the lower ones palmately 3 - 5-cleft or parted ; heads in small axillary and terminal clusters, forming a long panicle ; involucre slender, greenish, of about 5 scales, 5 - 6-flowered ; pappus dirty white or straw-colored. — Varies with the wavy- toothed leaves, deltoid ; the lowest hastate - 3-angled or parted. (Prenanth.es deltoidea, Ell.) — Woods along the mountains, Georgia, and northward. Sept. — Stem 3° - 5° high. Flowers yellowish, or greenish white. 3. "N. Fraseri, DC. Smooth or slightly pubescent ; stem corymbosely panicled above ; leaves deltoid, mucronate, pinnately 3 - 7-lobed, on winged peti- oles ; the upper .lanceolate, often entire ; clusters small, terminal ; involucre greenish, smooth or hairy, of about 8 scales, 8-12-flowered; pappus straw- color. — Varies with the lanceolate or oblong leaves mostly sessile, or the upper- most clasping; the 12-15-flowered involucre hirsute with long purplish hairs. (Prenanthes crepidinea, Ell.) — Dry sterile soil, Florida, and northward. Sept. — Stem l°-4°high. 4. N. virgatUS, DC. Smooth; stem simple, virgate; leaves lanceolate, acute, sessile or partly clasping ; the uppermost small, entire ; the lowest deeply pinnatifid, on margined petioles ; clusters of heads small, racemose ; involucre smooth, purplish, of about 8 scales, 8-12-flowered; pappus straw-color. — Damp soil, Florida, and northward. Sept. — Stem 2° - 4° high. Flowers purplish. 5. N. crepidineus, DC. Smoothish ; stem tall, corymbosely panicled ; leaves oblong-ovate or somewhat hastate, acute, unequally toothed, the lowest on winged petioles; involucre brown, hairy, of 12-14 scales, 20 - 35-flowered ; pappus light brown. — Mountains of North Carolina and Tennessee. Sept. — Stem 5° -8° high. Lower leaves 8'- 12' long. Flowers yellowish-white. 86. LYGODESMIA, Don. Heads 5 - 10-flowered. Involucre elongated, cylindrical, of 5 -8 linear scales, and a few short exterior ones. Receptacle naked. Achenia linear, elongated, smooth, striate, not narrowed upward. Pappus of copious smoothish white hairs in several rows. — Perennial smooth herbs, with linear or filiform leaves. Heads solitary. Flowers rose-color. 1. L. aphylla, DC. Stem simple or forking ; lowest leaves filiform, elongated ; the others remote, small, and bract-like ; heads showy. (Prenanthes aphylla, Nutt.) —Dry sandy pine barrens, Georgia and Florida. April and May. — Stem 1°- 2° high. 87. TARAXACUM, Haller. DANDELION. Heads many-flowered. Involucre double ; the exterior of small spreading scales ; the interior erect in a single row. Receptacle naked. Achenia oblong, 252 COMPOSITE. (COMPOSITE FAMILY.) ribbed or angled, muricate on the ribs ; the apex abruptly produced into a long beak. Pappus of copious white hairs. — Stemless perennial herbs. Scapes hol- low, bearing a single head of yellow flowers. Leaves all radical, oblong or lanceolate, entire or pinnatifid. 1. T. Dens-leonis, Desf. Leaves pinnatifid, the lobes acute, toothed; heads showy. — Damp soil, sparingly naturalized. 88. PYRRHOPAPPUS, DC. Heads many-flowered. Involucre double, of numerous subulate scales ; the inner ones erect and partially united, often with a callous appendage at the apex. Receptacle flat, naked. Achenia oblong, nearly terete, 5-furrowed ; the apex narrowed into a long filiform beak. Pappus of copious soft reddish or brownish hairs. — Smooth annual herbs. Leaves oblong or lanceolate, commonly toothed or pinnatifid. Heads solitary, terminating the naked stem or peduncle-like branches. Flowers yellow. 1. P. Carolinianus, DC. Stem branching ; leaves lanceolate, mostly toothed or pinnatifid ; achenia shorter than the filiform beak. (Borkhausia, Ell.) — Fields, Florida to Mississippi, and northward. April - July. — Stem l°-2°high. 89. LACTUCA, L. LETTUCE. Heads few- or many-flowered. Scales of the cylindrical involucre imbricated ; the outer ones sliort. Receptacle naked. Achenia compressed parallel to the scales, smooth, abruptly narrowed into a filiform beak. Pappus of copious soft white hairs. — Tall herbs, with entire or pinnatifid -leaves. Heads paniculate. Flowers white, purple, blue, or yellow. 1. L. elongata, Muhl. Smooth or nearly so; stem tall (4° -8°), simple or paniculate 5 leaves elongated, lanceolate, sessile or partly clasping ; the upper ones mostly entire ; the lower pinnatifid ; panicle long, leafless ; flowers yellow. — Var. INTEGRIFOLIA. Leaves all undivided, or the lowest pinnatifid ; flowers yellow or purplish. — Var. GRAMINIFOLIA. Smaller (2°- 3°), leaves linear or linear-lanceolate, rather rigid, all entire, or the lowest ones sparingly toothed or pinnatifid ; flowers purple. — Dry soil, Florida, and northward. July- Sept. 90. MULGEDIUM, Cass. Heads many-flowered. Scales of the involucre imbricated, the outer ones short. Receptacle naked. Achenia smooth, laterally compressed, narrowed into a short beak, which is expanded into a ciliate disk at the apex. Pappus of co- pious white or tawny hairs. — Tall herbs. Leaves pinnatifid or undivided. Flowers mostly blue. * Pappus white. 1. M. acuminatum, DC. Smooth; stem panicled above ; leaves ovate or ovate-lanceolate, acuminate, toothed, on winged petioles, the lowest some- times sinuate-lobed ; heads racemed, on spreading peduncles. (Sonchus, Ell.) LOBELIACE^E. (LOBELIA FAMILY.) 253 — Margins of fields, &c., Florida, and northward. Sept. (9) — Stem 3° - 6° high. Leaves 3' -6' long, often hairy beneath. Flowers blue. 2. M. Floridanum, DC. Smooth; stem panicled above; leaves all pinnatifid and toothed, with the terminal lobe larger and 3-angled, or the upper- most lanceolate, sessile or clasping ; heads racemose-panicled ; flowers blue. — Rich soil, Florida to North Carolina. Aug. and Sept. — Stem 3° - 6° high. * * Pappus tawny. 3. M. leu.coph.8eum, DC. Smoothish ; stem panicled above ; leaves numerous, irregularly pinnatifid, with coarsely-toothed lobes ; the terminal lobe 3-angled, or in the upper leaves often linear and entire ; racemes panicled. — Mountains of North Carolina. Sept. (f) — Stem 3° - 12° high. Leaves 6'- 12' long. Flowers pale blue. 91. SONCHUS, L. Heads many-flowered. Scales of the involucre imbricated. Receptacle naked. Achenia compressed, ribbed, not beaked nor narrowed at the apex. Pappus of copious soft white hairs. — Annuals. Leaves entire or pinnatifid. Heads some- what umbelled. Flowers yellow. 1. S. oleraceus, L. Smooth ; stem branching ; leaves pinnatifid, with spiny-toothed lobes, clasping ; the lowest petioled ; achenia transversely rough- ened. — Waste places. Introduced. June - Aug. — Stem 1 ° - 2° high. 2. S. asper, Vill. Smooth, or the upper part of the stem and peduncles hispid ; leaves entire, clasping, fringed with weak spines ; the lowest oblong- obovate, the upper lanceolate ; achenia smooth. — Fields, Florida, and north- ward. June - Aug. — Stem 2° - 3° high. ORDER 73. LOBELJACE^. (LOBELIA FAMILY.) Chiefly herbs, with milky juice. Leaves alternate, without stipules. Flowers irregular. — Calyx 5-lobed, the tube adherent to the 2-celled ovary. Corolla unequally 5-lobed, valvate in the bud ; the tube split on one side to the base. Stamens 5, inserted on the calyx ; the anthers, and commonly the filaments, united into a tube. Style solitary: stigma 2- lobed, surrounded with a ring of hairs. Fruit baccate and indehiscent, or capsular and 2-3-valved, many-seeded. Seeds anatropous. Embryo straight in fleshy albumen. — Acrid poisonous plants. 1. LOBELIA, L. LOBELIA. Corolla bilabiate ; the upper lip small, erect or reflexed, 2-partedx the lower spreading, palmately 3-cleft; the tube straight. Anthers, or a part of them, bearded at the apex, curved. Capsule 2-celled, 2-valved at the apex, many- seeded. — Stems erect. Leaves undivided; the serratures glandular Flowers blue, white, or scarlet, in terminal racemes or spikes. 22 254 LOBELIACE^E. (LOBELIA FAMILY.) * Flowers scarlet. 1. L. cardinalis, L. (CARDINAL-FLOWER.) Smooth or slightly pubes- cent ; stem stout, simple ; leaves lanceolate, denticulate ; bracts leafy ; stamens and style much longer than the corolla. — Muddy banks, Florida to Mississippi, and northward. July -Sept. 1J. — Stem 2° - 3° high. Raceme many-flowered. Flowers very showy. * * Flowers blue and white. -t- Sinuses of the calyx with deftexed appendages. 2. L. syphilitic a, L. Hairy ; leaves thin, lanceolate, acute at each end, coarsely serrate ; racemes leafy, many-flowered ; calyx hairy ; the lanceolate denticulate lobes half as long as the large (!' long) light blue corolla. — Swamps along the mountains, Georgia, and northward. Aug. and Sept. 1J.— Stem 1°- 3° high. 3. L. puberula, Michx. Softly pubescent or villous, or sometimes nearly smooth; leaves thickish, mostly obtuse, lanceolate or oblong, glandular-den- ticulate ; spikes mostly 1 -sided ; calyx top-shaped, the linear lobes nearly as long as the tube of the bright blue corolla. — Swamps and low ground, Florida to Mississippi, and northward. Aug. and Sept. }\|. — Stem 1°- 2° high. Co- rolla half as large as in the preceding. Appendages of the calyx obtuse. 4. L. leptostachys, A. DC. Closely pubescent; stem slender, simple; leaves oblong-lanceolate, obtuse, denticulate ; flowers small, crowded in an elon- gated spike ; appendages of the calyx 10, subulate, as long as the tube. — South Carolina and northward. July and Aug. 1\|. — Stem l°-l£° high. Corolla 3" -4" long. 5. L. brevifolia, Nutt. Stem thick, virgate, angled, smooth or pubescent ; leaves short (4" -12" long), fleshy, oblong-linear, obtuse, toothed, spreading or reflexed ; the lowest wedge-shaped ; calyx hirsute, the ovate-lanceolate lobes strongly toothed, the 5 appendages obtuse ; corolla pale blue. — Damp open pine barrens, Florida, Alabama, and westward. Oct. 1\|. — Stem l°-l£° high. Leaves very numerous. •- •- Sinuses of the calyx without appendages. 6. L. amOBna, Michx. Smooth or rough -pubes cent ; leaves scattered, oblong, obtuse, denticulate, the lower ones tapering into a long petiole, the uppermost nearly sessile; racemes .1 -sided, many-flowered; calyx-lobes linear- subulate, mostly glandular ; corolla (!' long) bright blue. — Swamps, Florida to South Carolina, and westward. Sept. and Oct. 1J. — Stem 2° - 4° high. Low- est leaves 3' - 6' long. Bracts small. 7. L. glandulosa, Walt. Smooth or pubescent; stem mostly simple, nearly leafless above; leaves thick, linear or linear-lanceolate, glandular-den- ticulate, sessile, the uppermost scattered and bract-like; racemes 1 -sided, 3-9- flowered, the flowers distant ; calyx smooth or hirsute, with linear glandular lobes ; corolla (8" -10" long) pale blue. — Pine-barren swamps, Florida, North Carolina, and westward. Oct. ty— Stem 2° -4° long. Lower leaves 2' - 4' long. 8. L. inflata, L. Pubescent or hairy; stem leafy, branching from the base ; leaves oblong, obtuse, toothed, sessile ; racemes leafy below ; corolla small, GOODENIACE.E. (GOODENIA FAMILY.) 255 pale blue ; mature capsule ovoid, inflated. — Dry sterile soil in the upper districts, and northward. Aug. and Sept. Q) or (g) — Stem 1° - 1£° high. Corolla 2"- 3'' long. 9. L. spicata, Lam. Closely pubescent; stem slender, simple; lowest leaves obovate or oblong, obtuse, denticulate ; the upper ones small, lanceolate, scattered ; flowers small, in a long and dense raceme, on short pedicels ; corolla pale blue. (L. Claytoniana, Michx.) — Dry soil in the middle and upper dis- tricts, Mississippi, and northward. Aug. and Sept. (\|) ? — Stem 1°- 2° high. Corolla 4" - 5" long. 10. L. Nuttallii, K. & S. Stem very slender, mostly simple, roughish; leaves small, entire ; the lowest clustered, spatulate or obovate ; the others dis- tant, linear ; flowers small, scattered in a long and slender raceme, on filiform pedicels which are longer than the bracts. (L. Kalmii, Ell.) — Low pine bar- rens, Georgia, and northward. Aug. and Sept. — Stem 1° - 1£° high. Corolla 3" -4" long, pale blue. 11. L. Boykinii, Torr. & Gray. Smooth; stem slender, creeping at the base, sparingly branched above ; leaves small (6" long), subulate, scattered, the lowest scale-like ; racemes loosely many-flowered, the filiform pedicels and slen- der calyx-lobes spreading ; corolla (3" - 5" long) bright blue. — Margins of pine- barren ponds, Florida and Georgia. July - Sept. — Stem 2° high. 12. L. paludosa, Nutt. Smooth; stem mostly simple, nearly leafless; radical leaves fleshy, spatulate-lanceolate or linear, obtuse, crenulate ; the others small, linear and remote ; racemes slender, loose ; bracts minute ; corolla small, white or pale blue. — Pine-barren swamps, Florida to Mississippi, and north- ward. May -Aug. 1J. — Stem 2° - 4° high. Lowest leaves 3' -9' long. Co- rolla £' long. ORDER 74. GOODENIACEJG. (GOODENIA FAMILY.) Herbs or shrubs, with watery juice, alternate exstipulate leaves, and irregular flowers. — Calyx tubular, 3-5-lobed or entire, more or less ad- herent to the 1-4-celled ovary. Corolla irregular, unequally 5-lobed, induplicate in the bud ; the tube split on one side, or 5-parted. Stamens 5, free from the corolla, the filaments and anthers rarely united. Style commonly single : stigma thick, surrounded with a cup-shaped mostly ciliate membrane. Fruit capsular or drupaceous. Embryo straight, in the axis of fleshy albumen. 1. SC-S1VOLA, L. Calyx 5-toothed. Corolla villous within, 5-lobed, with the lobes nearly equal and winged ; the tube split on one side. Filaments and anthers free. Drupe 1-4-celled, the cells 1-seeded. — Herbs or shrubs. Leaves alternate. Pedun- cles axillary, dichotomous. Flowers blue or white. 256 CAMPANULACEJ2. (CAMPANULA FAMILY.) 1. S. Plumieri, Vahl. Shrubby, fleshy, smooth ; leaves oblong-obovate, entire, bearded in the axils ; peduncles shorter than the leaves ; calyx tubular, truncate, obscurely 5-toothed; corolla thick, split to the base; stamens short; ovary 4-ovuled ; drupe 2-celled, 2-seeded. — Sea-shore, South Florida. ORDER 75. CAMPANULACE^E. (CAMPANULA FAMILY.) Herbs, with milky juice, alternate leaves, and regular mostly blue flowers. — Calyx 3-5-lobed, adherent to the ovary. Corolla 5-lobed, valvate in the bud. Stamens 5, free from the corolla, the broad fila- ments and anthers distinct. Style single, hairy above. Stigmas 2 or more. Capsule 2 - several-celled, many-seeded, splitting at the apex, or opening by lateral valves or holes. Embryo straight in fleshy albumen. 1. CAMPANULA, L. BELLFLOWER. Calyx 5-lobed. Corolla 5-lobed, mostly bell-shaped. Filaments dilated at the base. Stigmas 3, slender. Capsule short, 3-celled, opening by lateral valves. — Flowers spiked or panicled. * Flowers panicled, on slender spreading pedicels : corolla small (3 "-4"), bell-shaped. 1. C. aparinoides, Pursh. Stem weak, reclining, the angles, as also the margins and midrib of the linear nearly entire leaves, hispid backward ; panicle few-flowered; calyx-lobes triangular; corolla white. (C. erinoides, Muhl.} — Swamps among the mountains, Georgia, and northward. July and August. — Stem 1°- l£° high. Lowest leaves narrowly obovate. 2. C. divaricata, Michx. Smooth ; stem terete, paniculate above ; the branches somewhat naked, spreading ; leaves scattered, ovate-lanceolate, acu- minate at each end, coarsely serrate ; calyx-lobes subulate ; style slightly ex- serted ; corolla blue, nodding. — Mountains of Georgia and Carolina. July and August. — Stem 1° - 2° high. 3. C. flexuosa, Michx. Branches erect ; leaves lanceolate, the upper ones approximate ; otherwise like the preceding. — Mountains of Carolina. Mickaux. ( * ) * * Flowers spiked, single or 2 - 3 together : corolla large, somewhat wheel-shaped. 4. C. Americana, L. Stem tall, smooth or hairy, mostly simple ; leaves ovate-lanceolate, acuminate, serrate; spike elongated, leafy; corolla (!' wide) blue. (C. acuminata, Michx.) — Dry rocky soil, Florida to Mississippi, and northward. Aug. and Sept. — Stem 2° -4° high. Spike 1° - 2° long. Style exserted. 2. SPECULARIA, Heist. Calyx 3-5-lobed. Corolla wheel-shaped, 5-lobed. Stamens free; the fila- ments membranaceous, hairy, shorter than the anthers. Stigmas 3. Capsule prismatic, 3-celled, opening by 3 lateral valves. — Low annuals. Flowers axil- lary. Corolla blue. ERICACEAE. (HEATH FAMILY.) 257 1. S. perfoliata, A. DC. Pubescent; stem angled, simple or branched; leaves round-cordate, crenate, clasping ; the lowest narrowed at the base ; flowers single or clustered, sessile, the lower ones apetalous. (Campanula, L.) Fields, Florida to Mississippi, and northward. May - Aug. — Stem 1° high. ORDER 76. ERICACEAE. (HEATH FAMILY.) Shrubs or small trees, rarely herbs, with undivided alternate ex- stipulate leaves, and regular flowers. — Calyx 4 - 5-parted. Corolla 4-5-parted or toothed, or 4 - 5-petalous, imbricated in the bud. Sta- mens free from the corolla, and as many or twice as many as its divisions : anthers 2-celled, often variously awned, opening commonly by terminal pores. Style 1: stigma entire or 3-lobed. Fruit 3-10-celled. Seeds anatropous, attached to a central placenta. Embryo small, in fleshy albumen. Synopsis. SUBORDER I. VACCLNIEJE. Calyx-tube adherent to the ovary. Corolla superior. Anther-cells prolonged into a slender tube. Fruit a berry. — Shrubs. Corolla monopetalous. 1. GAYLUSSACIA. Berry 8 - 10-celled ; the cells 1-seeded. Anthers awnless. 2. VACCINIUM. Berry 4-5-celled, or partially 8 -10-celled by false partitions, many- SUBORDER II. ERICINEJE. Calyx free from the ovary. Corolla hypogynous. Fruit a capsule. — Shrubs or small trees. TRIBE I. ANDROMEDE JE. — Capsule loculicidally dehiscent. * Anther-cells opening lengthwise. Corolla monopetalous. 3. EPIGJEA. Corolla salver-shaped. Leaves cordate. * * Anther-cells opening at the apex. Corolla monopetalous. 4. GAULTHERIA. Calyx becoming berry -like in fruit. Anthers 4-awned at the apex. 5. LEUCOTHOE. Calyx imbricated in the bud. Valves of the capsule entire. 6. CASSANDRA. Calyx imbricated in the bud. Pericarp separating into two layers j the outer one 5-valved, the inner 10-valved. 7. ANDROMEDA. Calyx valvate in the early bud. Capsule globular. Seeds pendulous. 8. OXYDENDRUM. Calyx valvate in the bud. Capsule pyramidal. Seeds ascending. * * * Anthers inverted in the bud, opening by terminal pores. Corolla 5-petalous. 9. CLETHRA. Stamens 10. Style 3-cleft. Capsule 3-celled, 3-valved. TRIBE II. RHODORE JE. — Capsule septicidally dehiscent. * Corolla monopetalous. 10. KALMIA. Corolla wheel-shaped, with 10 cavities in which the anthers are lodged. 11. MENZIESIA. Corolla (small) ovoid, 4-toothed. Stamens 8, included. 12. RHODODENDRON. Corolla (large) funnel or bell-shaped, 5-lobed. Stamens 6 or 10, exserted. * * Corolla of 6 or 7 separate petals. 13. LEIOPHYLLUM. Corolla 5-petalous. Anthers opening lengthwise. 14. BEJARIA. Corolla 7-petalous. Anthers opening at the apex. 22* 258 ERICACEAE. (HEATH FAMILY.) SUBORDER HI. PYROLE^. Calyx free from the ovary. Corolla 5-petalous. — Low nearly herbaceous plants. Leaves evergreen. * Capsule 6-celled. 15. PYROLA. Flowers racemose, on scape-like stems. Style filiform, elongated. 16. CHIMAPHILA. Flowers umbellate. Style very short, top-shaped. * * Capsule 3-celled. 17- SHORTIA. Flower solitary, terminating the scape-like scaly stem. SUBORDER IV. MONOTROPE^}. Calyx of 4-5 scale-like or bract-like sepals. Corolla 5-lobed or 5-petalous. Seeds very minute. — Fleshy scaly herbs, parasitic on roots, and destitute of green foliage. 18. SCHWEINITZIA. Corolla monopetalous, bell-shaped, 5-lobed. Anthers 2-celled. 19. MONOTROPA. Corolla 4 -5-petalous. Anthers kidney-shaped, opening across the top. SUBORDER I. VACCINIE^E. THE WHORTLEBERRY FAMILY. 1. GAYLUSSACIA, Kunth. HUCKLEBERRY. Corolla tubular, ovoid, or bell-shaped, 5-cleft. Stamens 10 : anthers awnless. Fruit a berry-like drupe containing 10 seed-like nutlets. — Low branching mostly resinous-dotted shrubs, with white or reddish nodding flowers, in lateral bracted racemes. 1. G. frondosa, Torr. & Gray. Leaves entire, oblong or obovate, obtuse, rugose, glaucous, and, like the spreading branches, slightly pubescent ; corolla small (2"), short-bell-shaped, reddish ; berry depressed-globose, blue, glaucous ; bracts small, oblong. (Vaccinium frondosum, Ell.) — Low ground, Florida to Mississippi, and northward. April. — Shrub 1° - 2° high. 2. G. dumosa, Torr. & Gray. Branches and racemes pubescent ; leaves thick, oblong-obovate, serrulate, mucronate, soon smooth and shining; corolla (4" long) bell-shaped, angled, white ; bracts ovate, leafy ; berry globose, smooth, black. (Vaccinium dumosum, Ell.) — Var. HIRTELLA. Stem taller (l°-2° high) ; branches, leaves, and berries hirsute or hairy. — Low sandy pine barrens and swamps, Florida to Mississippi, and northward. April and May. — Shrub 6' - 12' high. Berry 4" - 6" in diameter. 3. G. resinosa, Torr. & Gray. Stem much branched ; leaves oblong or obovate, entire, coated, like the branchlets, &c., with resinous viscid globules ; ra- cemes few-flowered ; bracts small, deciduous ; corolla small, ovoid or cylindrical, reddish ; berry black, smooth. (Vaccinium resinosum, Ell.) — Sandy woods in the upper districts of Georgia, and northward. April and May. — Shrub 2° - 3° high. 4. G. ursina, Gray. Leaves large (2' -3' long), thin, lanceolate-oblong, acute, entire ; the veins, like the branches, rusty-tomentose ; racemes remotely few-flowered ; bracts minute ; corolla bell-shaped ; berry black. (Vaccinium ur- sinum, M. A. Curtis.) — Mountains of North Carolina. — Shrub 2° -3° high. ERICACEAE. (HEATH FAMILY.) 259 2. VACCINIUM, L. HUCKLEBERRY. BLUEBERRY. Corolla cylindrical, urceolate, or campanulate, 4 - 5-toothed or parted. Sta- mens 8-10: anthers awnless, or 2-awned on the back ; the cells prolonged into a tube, and opening at the apex. Berry 4 - 5-celled, or by false partitions 8-10- celled, many-seeded. — Shrubs. Flowers nodding, solitary, clustered, or racemed, white or reddish. Pedicels 2-bracted. § 1. OXYCOCCUS. — Ovary ^-celled: corolla 4-parted, the narrow divisions re- curved : stamens 8 : anthers aivnless : pedicels axillary, solitary. 1. V. macrocarpon, Ait. Stems slender, creeping; leaves evergreen, small (£' long), oblong, obtuse, pale or whitish beneath ; pedicels longer than the leaves ; corolla rose-color ; berry large, red. — Cold mossy swamps, North Caro- lina, and northward. July.— Stems 1° - 2° long. Berry very sour, £' in diameter. 2. V. erythrocarpon, Michx. Stem erect (2° -4° high) ; leaves decid- uous, oblong-ovate, acuminate, serrulate, hairy beneath ; pedicels shorter than the leaves ; flowers pale rose-color ; berry small, red. — High mountains of North Carolina. July. — Branches flexuous. Berry insipid. § 2. Vixis-lD^EA. — Ovary 4 - 5-celled: corolla cylindrical or globose-campanulate, 4 -5-toothed: stamens 10: anthers awnless: flowers in short bracted racemes: leaves persistent. 3. V. crassifolium, Andr. Smooth; stems (l°-2°) filiform, procum- bent; leaves small (3" -7"), short-petioled, oval or oblong, thick and shining, the revolute margins entire or slightly serrulate ; racemes short, cluster-like, few- flowered ; corolla small, globose-campanulate, 5-toothed ; berry black. (V. myr- tifolium, Michx.) — Sandy pine-barren swamps, Georgia to North Carolina. April. — Corolla white or rose-color. § 3. BATODENDRON. — Ovary more or less 10-celled by false partitions: corolla bell-shaped, 5-cleft : stamens 1 0, hairy : anthers 2-awned on the back : flowers in leafy racemes, seemingly axillary. 4. V. stamineum, L. Tomentose; leaves deciduous, ovate or oblong, obtuse or slightly cordate at the base ; often whitish beneath ; anthers exserted ; berry greenish, globose or pear-shaped. — Dry woods, Florida, and northward. May and June. — Shrub 3° -10° high. Branches spreading. Corolla short, drying purplish. 5. V. arboreum, Michx. Arborescent, smoothish ; leaves evergreen, oval or obovate, shining above ; the veins beneath more or less pubescent ; co- rolla large, angled, white ; anthers included ; berry globose, black. — Open woods, Florida to North Carolina. May. — Stem 8° - 15° high. Flowers very numer- ous. Berry mealy, ripening in the winter. § 4. CYANOCOCCUS. — Ovary more or less W-celled by fake partitions: corolla cylindrical, urceolate or obovate: stamens 10, hairy : anthers awnless: flowers in short small-bracted racemes or clusters. * Leaves evergreen, small. 6. V. nitidum, Andr. ? Smooth and shining throughout ; stem much branched ; leaves obovate or oblong-obovate, acute, glandular-serrulate, punctate 260 ERICACEAE. (HEATH FAMILY.) beneath ; calyx-teeth obtuse, and, like the pedicels and broadly oval bracts, red- dish ; corolla ovoid or obovate, white ; berry somewhat pear-shaped, black. — Low pine barrens, Georgia and Florida. March and April. — Stem 1° - 2° high. Leaves £' long. 7. V. myrsinites, Michx. Stem much branched, pubescent ; leaves lan- ceolate, oblong, or obovate, bristly-serrulate, shining above, paler beneath, glau- cous when young ; calyx-teeth acute, reddish, like the pedicels and oblong bracts ; corolla cylindrical or obovate, white, purplish in the bud ; berry globose, blue. — Sandy pine barrens, Florida to North Carolina, and westward. March and April. — Shrub 6' - 1 8' high. Leaves £' - 1 ' long. * * Leaves deciduous. 8. V. tenellum, Ait. Stem much branched; the spreading greenish branches pubescent ; leaves oblong-obovate or oblanceolate, mucronate, acute at the base, slightly serrulate near the apex, pubescent when young ; corolla oblong, white ; calyx-teeth obtuse ; bracts oblong-linear ; berry globose, black or with a blue bloom. — Varies with the branches and leaves more pubescent, almost vil- lous, and the calyx-teeth narrower and acute. (V. galezans, Michx.) — Margins of pine-barren swamps, Florida to North Carolina, and westward. April. — Shrub l°-3° high. Leaves £'-1' long, commonly thin and deciduous, but along its southern limits mostly coriaceous and persistent. 9. V. Elliottii. Stem tall, slender, with spreading branches ; leaves dis- tichous, ovate-lanceolate, very acute, bristly serrulate from the obtuse or rounded base, pubescent on the veins ; clusters sessile, 2 - 4-flowered ; corolla reddish, cylindrical, short-pedicelled ; calyx-teeth triangular ; berry mostly solitary, small, globose, black. (V. myrtilloides, Ell., not of Michx.) — River-swamps, Florida to South Carolina. March. — Shrub 4° -8° high; the branches smooth and mostly flexuous. Leaves ^' - f ' long. 10. V. corymbosum, L. Stem tall (4° -10°); leaves varying from ovate-lanceolate to broadly oval, entire or nearly so, pubescent when young, be- coming smoothish especially above (!' -2' long) ; racemes or clusters numerous, mostly on leafless branches ; corolla cylindrical or oblong ; berry globose, black or blue. — Margins of ponds and swamps, Florida, and northward. Feb. to April. — Varies greatly in the thickness, pubescence, and form of the leaves, and includes several nominal species. 11. V. Constablsei, Gray. Stem low (l°-3°); leaves oval, pale, glau- cous, glandular- mucronate, entire or obscurely serrulate, ciliate ; racemes very short, sessile ; corolla short-cylindrical ; berry blue. — On the summit of Roan Mountain, North Carolina. July. — Leaves l£'-2' long. Racemes 5-10- flowered. 12. V. hirsutum, Buckley. Hirsute throughout; stem low (1° high), much branched ; leaves ovate, entire, slightly mucronate ; racemes short; corolla oblong, contracted at the apex, the teeth short; berry globose. — Mountains of Cherokee County, North Carolina. Buckley. ERICACE.E. (HEATH FAMILY.) 261 SUBORDER II. ERICINE^. THE HEATH FAMILY. 3. EPIG-33A, L. GROUND LAUREL. Calyx deeply 5-parted, colored ; the lobes acuminate. Corolla salver-shaped, 5-cleft. Stamens 10 : anthers oblong, awnless, opening lengthwise. Capsule depressed-globose, 5-celled, many-seeded. — A prostrate shrubby plant, hispid with rust-colored hairs. Leaves evergreen, cordate-oval, entire, reticulated. Flowers in dense bracted racemes, white, fragrant. 1. E. repens, L. Dry sandy soil, Florida, and northward. Feb. and March. — Stem 6'- 12' long. Racemes shorter than the leaves. 4. GAULTHERIA, Kalm. WINTERGREEN. Calyx 5-lobed, becoming berry-like in fruit. Corolla ovate, 5-toothed. Stamens 10 : anther-cells 2-awned at the apex, opening by a terminal pore. Capsule enclosed in the berry-like calyx, depressed-globose, 5-celled, 5-valved, many-seeded. — Shrubs, with alternate leaves, and white or red flowers. 1. G. procumbens, L. Smooth; stem creeping; the short (3' -5') branches erect, naked below ; leaves oval or obovate, serrulate, shining ; pedi- cels axillary, 1-flowered, nodding ; fruiting calyx bright red. Shady woods and banks, especially among the mountains, North Carolina and northward. June. — Whole plant aromatic. 5. LEUCOTHOE, Don. Calyx deeply 5-parted, imbricated in the bud, unchanged in fruit. Corolla ovate or cylindrical, 5-toothed. Stamens 10: anthers awnless, or the cells 1 - 2-awned at the apex, opening by a terminal pore. Stigma capitate. Capsule depressed-globose, not thickened at the sutures, 5-celled, 5-valved, many-seeded. Seeds pendulous. — Shrubs, with alternate leaves, and white flowers in axillary or terminal one-sided racemes. * Anthers awnless or nearly so : racemes axillary, shorter than the evergreen leaves. 1. L. axillaris, Don. Leaves oval or oblong, abruptly acute, spinulose- serrulate toward the apex, on short petioles ; racemes short, dense-flowered ; calyx-lobes ovate, acute; anther-cells 2-horned. (Andromeda axillaris, Lam.) — Sandy swamps, and banks of streams in the lower districts, Florida to North Carolina, and westward. Feb. and March. — Stem and branches curving. Leaves 2' -4' long. 2. L. Catesbaei, Gray. Leaves ovate-lanceolate, acuminate, spinulose- serrulate throughout, on conspicuous petioles ; racemes dense-flowered ; calyx- lobes ovate-oblong ; anther-cells not horned. (Andromeda spinulosa, Pursh.) — Banks of streams along the mountains, Georgia and North Carolina. March and April. — Stem 2° - 4° high. 3. L. acuminata, Dunal. Stem tall, with straight and hollow branches ; leaves ovate-lanceolate, acuminate, nearly entire; corolla cylindrical; anthers 262 ERIC AC E^E. (HEATH FAMILY.) gibbous near the base. — Margins of swamps, East Florida to South Carolina, Elliott, and mountains of North Carolina, Curtis. April. — Shrub 3° -12° high. Leaves reticulated. * # Anther-cells 1 - 2-awned at the apex : racemes terminal, longer than the serrulate pubescent deciduous leaves : calyx bracted. 4. L. racemosa, Gray. Branches and racemes straight; leaves ovate- lanceolate, acute, soon smooth ; racemes long, single or somewhat paniculate ; corolla cylindrical -ovate ; anther-cells 2-awned ; capsule not lobed. (A. race- mosa, L.) — Margins of ponds and swamps, Florida to Mississippi, and north- ward. April and May. — Shrub 4° - 10° high. 5. L. recurva, Gray. Branches and racemes recurved; leaves ovate, acuminate, pubescent on the veins ; racemes long, single ; corolla cylindrical ; anther-cells 1-awned; capsule 5-lobed. (Andromeda recurva, BuckL) — Moun- tains of North Carolina, Buckley. April. — Shrub 3° - 4° high. 6. CASSANDRA, Don. Calyx deeply 5-parted, imbricated in the bud, 2-bracted. Corolla cylindrical- oblong, 5-toothed. Stamens 10 : anthers awnless, opening by terminal pores. Capsule depressed, 5-celled, many-seeded ; the pericarp separating at maturity into 2 layers, the outer one 5-valved, the inner 10-valved. — A small shrub, with evergreen serrulate leaves, and solitary axillary nodding flowers. 1. C. calyculata, Don. Leaves oblong, mucronate, paler and scurfy beneath, the floral ones oval ; flowers in the axils of the upper leaves, small, white; calyx-lobes ovate, acute. (Andromeda calyculata, L.} — Varies with the leaves and calyx-lobes narrower. (Andromeda angustifolia, Pursh.) — Swamps in the mountains of South Carolina, and northward. April. — Shrub 2° - 3° high. Leaves 1' long. 7. ANDROMEDA, L. Calyx deeply 5-parted, valvate in the early bud. Corolla 5-toothed. Stamens 10 : anther-cells opening by a terminal pore. Capsule 5-celled, 5-valved, many- seeded. Seeds pendulous or spreading. — Shrubs. Leaves alternate. Flowers in lateral and terminal racemes or clusters, nodding. * Flowers in racemes: corolla ovoid or urn-shaped: anther-cells 1-awned on the back : leaves coriaceous, evergreen. 1. A. floribunda, Pursh. Young branches, leaves, and racemes hirsute; leaves ovate-lanceolate, acute, bristly-serrulate ; racemes dense-flowered, crowded in a terminal panicle ; calyx-lobes ovate, acute. — Damp soil along the moun- tains. April. — Shrub 3° - 10° high. Flowers very numerous. 2. A. phillyresefolia, Hook. Smooth ; stem alternately leafy and bracted ; leaves oblong or lanceolate-oblong, obtuse, glandular-serrate near the apex ; racemes solitary, axillary, loosely 4- 12-flowered; calyx-lobes lanceolate; corolla ovoid ; capsule depressed-globose. — Shallow ponds in the pine barrens, chiefly near the coast, West Florida. January - March. — Shrub 1° - 2° high. ERICACEAE. (HEATH FAMILY.) 263 * * Flowers in umbel-like clusters : capsule more or less ribbed at the sutures, the ribs separating at maturity. - Corolla ovate, cylindrical, or somewhat bell-shaped: anthers or filaments owned: capsule ovate, truncate : shrubs smooth throughout. 3. A. nitida, Bartr. Branches 3-angled ; leaves evergreen, ovate or ob- long, entire, shining ; clusters axillary, very numerous, 6- 12-flowered; sepals lanceolate-ovate, spreading ; corolla cylindrical-ovate, gibbous at the base ; fila- ments 2-awned at the apex. — Low pine barrens, common. March -May. — Shrub 2° - 6° high. Corolla white, red, or purple, odorous. 4. A. Mariana, L. Leaves deciduous, oblong, obtuse or acute, entire; flowering stems commonly leafless ; calyx-lobes lanceolate, acute, half as long as the large (^' long) cylindrical white corolla ; filaments 2-awned near the apex. — Damp soil near the coast, Florida, and northward. April and May. — Stem 2° -4° high, often simple. Leaves 2' -3' long. 5. A. speciosa, Michx. Leaves deciduous, oblong or elliptical, obtuse, serrate, often whitish beneath ; flowering stems mostly leafless ; calyx-lobes ovate, several times shorter than the large bell-shaped white corolla; anther- cells 2-awned at the apex. — Low pine barrens, Florida to North Carolina. — Shrub 3° -4° high. •- -i- Corolla small, nearly globular, scurfy : anthers and filaments awnless : cap- sule globose : shrubs pubescent, or scurfy. 6. A. ferruginea, Walt. Branches and young leaves scurfy; leaves evergreen, obovate or lanceolate-obovate, rigid, at length smooth above and whitish beneath ; the margins mostly revolute ; clusters few-flowered. (A. ri- gida, Pursh.) — Low sandy pine barrens, Florida to South Carolina, and west- ward.— A low shrub or small tree. Branches very leafy, rigid. Leaves £'- V long. 7. A. ligUStrina, Muhl. Leaves deciduous, oblong or oblong-obovate, serrulate, acute, pubescent like the branches, paler beneath ; clusters few-flow- ered, disposed in compound more or less leafy panicled racemes; filaments hairy, awnless. (A. frondosa, Pursh., with racemes more leafy and the fila- ments slightly awned at the apex.) — Margins of swamps, Florida to Missis- sippi, and northward. May. — Shrub 3° -4° high. Leaves 2' long. Flowers very small. 8. OXYDENDBUM, DC. SOUR-WOOD. SORREL-TREE. Calyx 5-parted. Corolla ovate, 5-toothed. Stamens 10: anthers awnless, opening by terminal chinks ; the cells acuminate. Capsule conical, 5-angled, 5-celled, many-seeded. Seeds ascending. — A small tree, with deciduous oblong serrulate acuminate leaves, on slender petioles, and white flowers in long and slender 1 -sided terminal panicled racemes. 1. O. arboreum, DC. (Andromeda arborea, L.) — Rich woods, Florida to Mississippi, and northward. April and May. — Tree 15° -40° high. Leaves 4' - 6' long, sour. Corolla pubescent. 264 ERICACEAE. (HEATH FAMILY.) 9. CLETHHA, L. Calyx 5-parted, imbricated in the bud. Corolla 5-petalous. Stamens 10: anthers obcordate, inverted in the bud, opening by terminal pores. Style slen- der, 3-cleft. Capsule 3-celled, 3-valved, many-seeded. — Shrubs or small trees. Leaves alternate, oblong or obovate, serrate, deciduous. Flowers white, in ter- minal racemes. Stamens and style exserted. 1. C. alnifolia, L. Shrubby; branches and racemes tomentose; leaves short-petioled, obovate or wedge-oblong, acute, smooth on both sides ; racemes simple or panicled ; style and filaments smooth ; bracts partly persistent. (C. paniculata, Pursh.) — Varies, with the leaves hoary beneath, rough above (C. tomentosa, Lam.), or on both sides (C. scabra, Pers.) ; style hairy; bracts caducous. — Swamps, Florida to Mississippi, and northward. July. — Shrub 4° - 8° high. Leaves 2' - 3' long. Flowers fragrant. 2. C. acuminata, Michx. Arborescent ; branches and racemes white- tomentose ; leaves thin, smooth, ovate or ovate-lanceolate, acuminate, on slender petioles ; racemes solitary ; style smooth ; filaments hairy. — Mountains of North Carolina. July and Aug. — Leaves 3' - 4' long. Bracts caducous. 10. KALMIA, L. LAUREL. Calyx 5-parted. Corolla depressed-campanulate or rotate, 5-lobed, with 10 cavities at the sides in which the anthers are lodged. Filaments elastic. Style single. Stigma capitate. Capsule globose, 5-celled, 5-valved, many-seeded. — Shrubs, with entire alternate opposite or whorled evergreen leaves, and showy white or rose-colored flowers. Flowers in corymbs. 1. K. latifolia, L. (CALICO-BUSH.) Branches smooth; leaves mostly alternate, petioled, elliptical, acute at each end, green on both sides ; corymbs terminal, viscid ; corolla large, varying from white to deep rose-color. — Shady banks, Florida, and northward. May and June. — Shrub 4° - 10° high. Leaves shining. 2. K. angustifolia, L. (SHEEP LAUREL.) Branches smooth; leaves petioled, opposite or three in a whorl, narrowly oblong, obtuse, pale or glaucous beneath ; corymbs lateral, glandular ; flowers small, deep rose-color. — Barren hills, chiefly in the upper districts. April and May. — Shrub 2° -3° high. Leaves and flowers smaller than those of the preceding. 3. K. cuneata, Michx. Branches pubescent ; leaves sessile, alternate, wedge-oblong, pubescent beneath, bristle-pointed ; corymbs lateral ; flowers white. — Swamps, South and North Carolina, not common. — A small shrub. * # flowers solitary, axillary. 4. K. hirsuta, Walt (WICKT.) Hirsute ; stems low, very leafy ; leaves small (^' long), oblong or oval, mostly obtuse and alternate, the margins revo- lute; calyx-lobes leafy; flowers numerous, approximate, pale or deep rose-color; pedicels slender, longer than the leaves. — Flat pine barrens, Florida and Geor- gia. June to Sept. — Shrub 6' - 18' high. ERICACEAE. (HEATH FAMILY.) 2G5 11. MENZIESIA, Smith. Calyx 4-toothed. Corolla ovoid, 4-toothed. Stamens 8, included: anthers awnless, opening by terminal pores. Stigma obtuse. Capsule woody, 4-celled, 4-valved, opening septicidally, many-seeded. — Shrubs, with entire alternate membranaceous leaves, and nodding greenish-white flowers in terminal clusters, appearing with the leaves. 1. M. globularis, Salisb. — Mountains of North Carolina. July.— A straggling shrub, 3° - 6° high. Leaves deciduous, oblong, acute, hairy, glaucous beneath, glandular-pointed. 12. RHODODENDRON, L. ROSE-BAT. HONEYSUCKLE. Calyx mostly minute, 5-toothed. Corolla bell-shaped or funnel-shaped, usu- ally somewhat irregular, 5-lobed. Stamens 5 or 10, mostly declined : anthers opening by terminal pores. Style single, elongated : stigma capitate. Capsule 5-celled, 5-valved, many-seeded. Seeds minute, scale-like. — Shrubs or small trees. Leaves alternate, entire. Flowers showy, in terminal clusters from large scaly buds. § 1. AZALEA. — Corolla funnel-shaped, mostly glandular-viscid externally : stamens 5 : the long filaments and style exserted: leaves deciduous. * Flowers appearing with or before the leaves. 1- R. nudiflorum, Torr. Branchlets hairy; leaves obovate or oblong, pubescent, soon smoothish above ; calyx-lobes minute ; tube of the corolla finely pubescent, rather longer than the lobes ; corolla white, varying to deep rose-color, or sometimes yellow. — Swamps and banks of streams, Florida to Mississippi, and northward. April and May. — Shrub 4° - 6° high. There are many va- rieties. 2. R. calendulaceum, Torr. Branchlets hairy ; leaves oblong or obo- vate, hairy ; calyx-lobes conspicuous ; tube of the corolla hairy, shorter than the lobes. — "Woods on the mountains of Georgia, and northward. May. — Shrub 3° - 10° high. Flowers flame-color, very showy. * * Flowers appearing after the leaves. 3. R. viSGOSUm, Torr. Branchlets bristly; leaves coriaceous, obovate, with the margins and veins beneath hirsute, green on both sides or glaucous beneath ; corolla glandular-viscid, white ; calyx-teeth minute, rounded. — Swamps, Florida to Mississippi, and northward. July and Aug. — Shrub 4° - 6° high. Capsule hispid. 4. R. arborescens, Torr. Branchlets smooth ; leaves smooth, obovate, ciliateon the margins, pale beneath; corolla glandular- viscid, rose-color; calyx- lobes conspicuous, acute. — Mountains of Georgia, and northward. June. — Shrub 3° - 10° high. Flowers fragrant. x §2. RHODODENDRON'. — Corolla bell-shaped, smooth: stamens 10: leaves coria- ceous, evergreen. 5. R. maximum, L. Leaves obovate-oblong, abruptly acute, smooth and green on both sides ; calyx-lobes conspicuous, rounded ; corolla white or rose- 23 266 ERICACEAE. (HEATH FAMILY.) color, spotted within with yellow or green. — Shady banks of streams on the mountains of Georgia, and northward. July. — Stem 6° - 20° high. Leaves 4'- 10' long. Corolla 1' in diameter. 6. R. Catawbiense* Michx. Leaves elliptic-oblong, obtuse at each end, mucronate, smooth ; the young ones and branchlets tomentose ; oalyx-lobes small ; corolla purple ; pedicels and capsule rusty-pubescent. — Highest sum- mits of the mountains of North Carolina. June. — Shrub 3° - 6° high. Leaves 3' -5' long. 7. R,. punctatum, Andr. Leaves elliptical, acute at each end, glabrous ; the lower surface and dense corymbs thickly dotted with resinous globules; calyx-lobes small, rounded ; corolla somewhat funnel-shaped, rose-color, spot- ted within, longer than the pedicels ; capsule elongated. — Varies with smaller (!'- l£') oval or obovate obtuse leaves, minute calyx-lobes, and shorter capsule (4" -5" long). — Mountains of Georgia and ftbrth Carolina; the variety in the sandy pine barrens of West Florida. May and June. — Shrub 4° - 6° high. Leaves 2' -3' long. 13. LEIOPHYLLUM, Pers. Calyx 5-parted. Corolla of 5 spreading petals. Stamens 10, exserted : anthers opening lengthwise. Style filiform. Capsule 3-celled, 3-valved, many- seeded. — A low, smooth, much branched shrub, with very numerous thick, oval, entire evergreen leaves, and small white flowers in terminal clusters. 1. L. buxifolium, Ell. — Sandy pine barrens, and on the mountains of Carolina. May. — Shrub 6' - 10' high. Leaves £' long, alternate or opposite, glossy. 14. BEJARIA, Mutis. Calyx 7-lobed or 7-toothed. Corolla of 7 oblong spreading petals. Stamens 14 : anthers versatile, opening by terminal pores. Style elongated : stigma de- pressed. Capsule depressed-globose, 7-celled, 7-valved, many-seeded. — Shrubs, with alternate entire coriaceous leaves, and white or purple flowers in racemes or corymbs. 1. B. racemosa, Vent. Branches rough with scattered rigid hairs; leaves ovate-lanceolate, smooth ; racemes terminal, elongated ; calyx 7-toothed. — Dry sandy soil, Georgia and East Florida. June and July. — Shrub 3° - 4° high. Flowers white, showy. SUBORDER III. PYROLJEL3E. THE PYROLA FAMILY. 15. PYKOLA, L. Calyx 5-parted. Petals 5, concave, deciduous. Stamens 10 : anthers some- what 4-celled, opening by terminal pores, inverted in the bud. Style long, mostly declined : stigma 5-lobed or 5-rayed. Capsule globose, 5-celled, 5-valved, opening through the cells from the base upward ; the sutures pubescent. Seeds ERICACEAE. (HEATH FAMILY.) 267 very minute, numerous. — Smooth perennial herbs, with creeping roots, and evergreen radical leaves. Flowers commonly white, nodding, in a simple raceme at the summit of the nearly naked scape. 1. P. rotundifolia, L. Leaves orbicular, thick, nearly entire, shorter than the petioles ; racemes many-flowered ; stigma 5-crenate. — Dry woods in the mountains, Georgia, and northward. June and July. — Scape 1° high. 16. CHIMAPHILA, Pursh. PBINCE'S PINE. Calyx 5-cleft. Petals 5, spreading, deciduous. Stamens 10, the filaments dilated in the middle : anthers somewhat 4-celled, opening by terminal pores, inverted in the bud. Stigma broad, 5-crenate, nearly sessile. Capsule globose, opening from the apex downward ; the sutures naked. — Low creeping ever- greens, with erect branches, lanceolate serrate whorled leaves, and whitish umbellate nodding flowers on long peduncles. 1. C. umbellata, Nutt. Leaves wedge-lanceolate, narrowed at the base, serrate above the middle, not spotted ; umbels 4 - 7-flowered ; filaments smooth. — Open woods, North Carolina, and northward. June. — Branches 6' - 10' high. Leaves glossy. 2. C. maculata, Pursh. Leaves lanceolate, broad at the base, toothed- serrate throughout, blotched with white ; umbels 2 - 5-flowered ; filaments vil- lous below. — Dry open woods in the middle and upper districts, Mississippi, and northward. June. — Smaller than the preceding. 17. SHORTIA, Gray. Calyx 5-sepalous, scale-like, imbricated in the bud. Capsule shorter than the calyx, nearly globose, 3-celled, loculicidally 3-valved. Placenta large, central. Seeds small, numerous. Embryo terete, straight, shorter than the albumen. Style filiform, somewhat persistent. Corolla and stamens unknown. — A smooth perennial nearly stemless herb. Leaves roundish, subcordate, crenate- serrate, long-petioled. Scape scaly-bracted towards the summit, 1-flowered. 1. S. galacifolia, Gray. — High mountains of Carolina, Michaux. SUBORDER IV. MONOTROPEJE. THE INDIAN-PIPE FAMILY. 18. SCHWEINITZIA, Ell. Calyx of 5 sepals, persistent. Corolla persistent, bell-shaped, 5-lobed. Sta- mens 10 : anthers shorter than the filaments, fixed near the apex, awnless ; the cells opening at the apex. Style short and thick : stigma large, 5-angled. Capsule ovoid, 5-celled. Seeds very numerous. — Stem low (3' -4'), smooth, brownish, scaly. Spike several-flowered. Flowers flesh-colored, odorous. 1. S. odorata, Ell. — Shady woods, North Carolina, and northward, rare. April. — Parasitic on the roots of herbs. Flowers nodding. •268 GALACINEJE. (GALAX FAMILY.) ; 19. MONOTBOPA, L. INDIAN-PIPE. Calyx of 2 - 5 deciduous sepals. Corolla 4 - 5-petalous, gibbous at the base, deciduous. Stamens 8 - 10 : anthers reniform, opening across the apex. Stigma broad, 4 - 5-rayed. Capsule ovoid, 8 - 10-furrowed, 4 - 5-celled. Seeds very nu- merous, minute. — Stems low, fleshy, white or reddish, scaly. Flowers solitary or racemose, nodding. Capsules erect. Herbs parasitic on roots, or decayed vegetable matter. § 1. MONOTROPA, Nutt. — Stem l-flowered: sepals 2 -4 : petals 5 : anthers open- ing by 2 chinks : style short and thick. 1. M. uniflora, L. — Shady woods, Florida to Mississippi, and northward. Aug. and Sept. — Stem smooth, 4' -10' high, white, turning black in drying. Flower showy. § 2. HYPOPITYS, Dill. — Stem several-flowered; the upper flower commonly with 5 petals and 10 stamens; the others with 4 petals and 8 stamens: sepals as many as the petals : anthers opening by 2 unequal valves ; the smaller one erect : style longer than the ovary. 2. M. Hypopitys, L. (M. lanuginosa, Michx.} — Shady woods, Florida to Mississippi, and northward. Aug. — Stems 4' - 8' high, pubescent, reddish. ORDER 77. GALACINE^E. (GALAX FAMILY.) Calyx small, 5-sepalous, persistent. Petals 5, hypogynous, obovate- spatulate, deciduous. Stamens hypogynous; the filaments united into a 10-toothed tube ; those opposite the petals sterile, the 5 alternate ones shorter and bearing a roundish 1 -celled anther, which opens across the top. Style short : stigma 3-lobed. Capsule ovoid, 3-celled, loculicidally 3-valved. Seeds numerous, fixed to the central placenta. Embryo straight, in fleshy albumen. — A smooth perennial stemless herb, erect from a creeping scaly rhizoma. Leaves all radical, evergreen, round- cordate, crenate, petioled. Scape (l°-2°high) simple, bearing a long spiked raceme of small white flowers. • 1. GALAX, L. Characters of the order. 1. G. aphylla, L. — Open woods on the mountains of North Carolina. June and July. — Rhizoma deep red. ORDER 78. AQUIFOLIACE^. (HOLLY FAMILY.) Trees or shrubs, with alternate simple leaves, and small white or green- ish flowers. — Calyx 4 - 9-toothed. Corolla hypogynous, rotate, 4-9- AQUIFOLIACE^. (HOLLY FAMILY.) 2G9 parted, imbricated in the bud. Stamens 4-9, alternate with the lobes of the corolla, and inserted on its base : anthers opening lengthwise. Ovary free from the calyx, 4 - 9-celled. Stigma lobed, nearly sessile. Drupe berry-like, composed of 4 - 9 one-seeded nutlets. Seeds anatropous, sus- pended. Embryo minute, in fleshy albumen. 1. ILEX, L. HOLLY. Flowers perfect or dioeciously polygamous, of 4 -9 parts. Drupe containing 4-9 nutlets. — Leaves evergreen or deciduous. Fertile flowers commonly soli- tary on the young branches, the sterile ones mostly in sessile or peduncled clus- ters or cymes. § 1. AQUIFOLIUM. — Parts of the flower 4 : drupe red: nutlets ribbed or veiny on the back : leaves evergreen. 1. I. opaca, Ait. (HOLLY.) Smooth; leaves oval, concave, wavy and spiny on the margins ; sterile flowers cymose, on slender peduncles ; calyx -lobes acute. — Sandy soil, Florida to Mississippi, and northward. April and May. — A small tree. 2. I. Dahoon, Walt. Young branches, lower surface of the leaves, and clusters more or less pubescent ; leaves varying from obovate to oblong-linear, acute or obtuse, mttcronate, entire, or sharply serrate above the middle, on short petioles ; sterile peduncles many-flowered, the fertile ones shorter, and mostly 1 -flowered ; calyx-teeth acute ; nutlets 3-ribbed on the back. (I. laurifolia, Nutt. I. ligustrina, Ell.} — Var. MYRTIFOLIA. Leaves small (£'-!'), linear-oblong, entire, or, on the young branches, sharply 2-4-toothed toward the apex. (I. myrtifolia, Walt.} ^— Margins of swamps and pine-barren ponds, South Florida to North Carolina, and westward. April and May. — A handsome shrub or small tree. Leaves 2' -3' long. 3. I. Cassine, L. (YAUPON.) — Leaves small (£'-!' long), oval or ob- long, obtuse, crenate ; clusters very numerous, nearly sessile ; calyx-lobes minute, obtuse. — Light sandy soil along the coast, Florida to North Carolina. April. — Shrub 8° -12° high, slender, the short spreading branches often spine-like. Fruit clustered, abundant. § 2. PRINOIDES. — Parts of the flower 4 - 6 : drupe red or purple : nutlets 4-6, ribbed on the back : shrubs : leaves deciduous. 4. I. decidua, Walt. Leaves lanceolate or oblong, obtusely serrate, pu- bescent on the veins beneath, tapering into a short petiole ; flowers on short pedicels, in sessile clusters; calyx-teeth smooth, acute. (I. prinoidcs, Ait.) — Varies with the leaves smooth on both sides, and the flowers on longer pedicels. — River-swamps, Florida to Mississippi, and northward. April and May. — A large shrub. Leaves thin, 1 ' - 2' long. Drupe red. 5. I. ambigua. Branches slender; leaves oval or oblong, acute or some- what acuminate, finely and sharply serrate, smooth on both sides, or rarely, like the branchlets, softly pubescent ; pedicels of the sterile flowers clustered, longer than the petioles ; those of the fertile ones very short, solitary ; calyx-teeth ob- 23* ^270 STYRACACE^E. (STORAX FAMILY.) tuse, ciliate. (I. monticola, Gray ?) — Sandy margins of swamps, Florida, and northward. April. — A shrub or small tree. Leaves 1' -4' long. 6. I. Amelanchier, M. A. Curtis. Leaves oblong, barely acute at each end, serrulate, pubescent and finely reticulate beneath ; fruiting pedicels solitary, as long as the petioles ; drupe large, red ; nutlets strongly 3-ribbed on the back ; calyx-teeth acute. — Swamps, Society Hill, South Carolina, Curtis. — Leaves about 2' long, 1' wide. Drupe 3" - 4" in diameter. § 3. PRINOS. — Parts of the flower mostly 6 - 9 : nutlets smooth and even on the back. * Leaves deciduous : drupe red. 7. I. verticillata, Gray. Leaves (thick) oval, obovate, or wedge-lanceo- late, acuminate, rather coarsely serrate, paler and pubescent beneath ; flowers all clustered, 6-parted, on short pedicels ; fruit abundant. (Prinos verticillatus, L.) — Low ground, West Florida, and northward. April. — A large shrub. Leaves about 2' long. Pedicels shorter than the petioles v 8. I. lanceolata. Leaves lanceolate, finely and remotely serrate, acute at each end, smooth on both sides, membranaceous ; fertile flowers scattered gener- ally in pairs, 6-parted ; sterile ones clustered, triandrous ; drupes small. (Prinos lanceolatus, Pursh.) —Lower districts of Georgia and South Carolina, Pursh. June. () * Leaves smooth, evergreen : drupe black. 9. I. glaber, Gray. Leaves wedge-oblong or obovate, crenately 2-4- toothed near the apex ; sterile peduncles many-flowered ; the fertile, 1 -flowered ; flowers all 6-9-parted. (Prinos glaber, L.} — Low pine barrens, Florida to Mississippi, and northward. May. — Shrub 2° - 4° high. 10. I. COriacea. Leaves oval or oblong-obovate, entire or with sharp scat- tered teeth, viscid when young; peduncles 1 -flowered, the sterile ones mostly clustered, the fertile solitary; flowers 6-9-parted. (Prinos coriaceus, Ell.) — Wet thickets, Florida, Georgia, and westward. May. — Shrub 4° - 8° high. ORDER 79. STYRACACEJE. (STORAX FAMILY.) Trees or shrubs. Leaves alternate, without stipules. Flowers perfect. — Calyx 4 - 8-toothed, or entire, free, or adherent to the 2 - 5-celled ovary. Corolla hypogynous, or inserted on the calyx, 4 - 8-lobed or 4 - 8- petelous. Stamens inserted on the base of the corolla, twice as many as its divisions, or more numerous, separate, or monadelphous or polyadel- phous at the base. Style single. Fruit capsular or drupaceous, 1-5- celled. Seeds anatropous, mostly solitary in each cell. Embryo nearly as long as the albumen. Cotyledons flat. Radicle slender. TRIBE I. ST YR ACE^E. Calyx 4 - 8-toothed, or entire : stamens 2-4 times as many as the divisions of the corolla : ovules partly erect or spreading, and partly pendulous : pu- bescence stellate. 1. STY RAX Fruit capsular, 1-celled. Ovary free from the calyx, or partly adherent. 2. HALESIA. Fruit drupaceous, 2-4-winged, 2-4-celled. Ovary wholly united with the calyx. f STYRACACE^E. (STORAX FAMILY.) 271 TRIBE II. SY3IPIiOCINEJE. Calyx 6-cleft : stamens indefinite: ovules pendulous: pubescence simple. 3. SYMPLOCOS. Flowers in sessile clusters. Fruit baccate. 1. STYRAX, Tourn. STORAX. Calyx 5 - 8-toothcd, free, or partly adherent to the 3-celled ovary. Corolla deeply 5-parted, with spreading or reflexed lobes, hypogynous or perigynous. Stamens 10, free or adnate to the tube of the corolla. Style filiform. Ovary completely or partly 3-celled. Capsule globose, 3-valved, 1-seeded. — Shrubs, with a downy or scurfy stellate pubescence. Leaves entire or toothed. Flowers white, in leafy racemes. 1. S. pulverulentum, Michx. Leaves small (!'-!£' long), elliptical or obovate, entire or toothed, the lower surface and branches scurfy ; racemes lateral, 3 - 7-flowered, often by pairs, hoary ; calyx-teeth subulate. — Pine- barren swamps, Florida and Georgia. April and May. — Shrub 2° - 1 2° high. Racemes l'-2' long. Flowers fragrant. 2. S. grandifolium, Ait. Leaves large (2' -4' long), oval or obovate, acute, mostly entire ; the lower surface, like the branches and many-flowered racemes, hoary ; calyx furrowed, with triangular acute teeth. — Rich woods, Florida to North Carolina, and westward. April and May. — Shrub 4° -6° high. Racemes 3' - 5' long. ^3. S. Americanum, Lam. Leaves thin, obovate, or oblong-obovate, acute, smooth ; racemes scurfy, not hoary, 4 - 6-flowered, terminal ; calyx -teeth short, subulate. (S. glabrum and S. lasve, Ell.) — Banks of streams, in the middle and upper districts, Mississippi to North Carolina. May. — Shrub 4° - 8° high. Leaves 1 ' - 2' long. Racemes 1 ' long. 2. HALESIA, Ellis. SNOWDROP-TREE. Calyx obconical, slightly 4 - 8-toothed, adnate to the 3 - 4-celled ovary. Corolla inserted on the calyx, 4-lobed or 4-petalous. Stamens 8-16, separate or united below, free from the corolla : anthers linear. Ovules 4 in each cell, 2 of them erect, and 2 pendulous. Drupe dry, 2 - 4-winged, 1 - 3-seeded. Seeds cylindrical. — Shrubs or small trees. Leaves ample. Flowers in short lateral racemes, appearing with the leaves, white, drooping. * Ovary 3-celled : corolla 4-petalous : stamens mostly 8, distinct : drupe 2-winged. 1. H. diptera, L. Leaves oval, coarsely serrate, pubescent, 4' -5' long; racemes 2 - 4-flowered, the flowers on long pedicels; corolla 1' long; anthers spreading; drupe compressed, 1' long. — Rich woods, Florida and Georgia. March and April. * * Ovary 4-celled: corolla 4-lobed: stamens mostly 12, united below the middle: drupe 4-winged. 2. EC. tetraptera, L. Leaves oblong, finely serrate, at length smoothish, 2' -4' long; flowers 2-4 in a cluster, 8" -10" long; anthers erect. — River- banks, Florida to North Carolina, and westward. March and April. 272 CYRILLACE^E. (CYRILLA FAMILY.) £ 3. H. parviflora, Michx. Leaves ovate-oblong, acute, pubescent on both sides, glaucous beneath, slightly toothed, when young entire ; racemes somewhat compound, 4 - 5-flowered, leafy ; pedicels longer than the flowers ; calyx tomen- tose ; the teeth ovate, acute ; corolla small, tomentose, 4-parted ; stamens 8 ; drupe slightly and unequally winged. — In Florida, Michaux. — Leaves 2' long. Corolla 10" long. ( * ) 3. SYMPLOCOS, Jacq. Calyx 5-cleft, more or less adherent to the 2 -5-celled ovary. Corolla 5-10- petalous. Stamens 15 or more, monadelphous or polyadelphous, inserted at the base of the corolla: anthers roundish. Ovules 2-4 in each cell, suspended, anatropous. Style slender: stigma entire or 3-5-parted. Berry 1 -5-seeded. — Trees or shrubs. Leaves alternate, serrate. Flowers axillary, in racemes or clusters. 1. S. tinctoria, L'Her. Leaves smooth, coriaceous, oblong, partly per- sistent ; clusters sessile, 6 - 12-flowered ; calyx smooth, top-shaped, the lobes obtuse; corolla yellow; stamens in 5 sets ; stigma entire, berry 1 -seeded. — Low woods and banks of streams, Florida to North Carolina, and westward. March. — A small tree. Leaves 3' - 4' long, sweetish. Flowers very numerous. ORDER 80. CYRILLACE^. (CYRILLA FAMILY.) Trees or shrubs, with alternate evergreen leaves, without stipules, and perfect white flowers in lateral or terminal racemes. — ^Calyx of 4 - 5 sepals. Petals 5-8, hypogynous, imbricated in the bud. Stamens 5-10, inserted with the petals : anthers introrse, opening lengthwise. Ovary 2 - 4-celled, with a single suspended ovule in each cell. Stigma entire or 2 - 4-lobed. Fruit 2-4-seeded. Embryo straight in the axis of fleshy albumen. Radicle superior. 1. CYRILLA, Garden. Calyx small, 5-sepalous, persistent. Corolla 5-petalous, spreading, decidu- ous. Stamens 5, opposite the sepals, subulate, spreading : anthers oval. Style persistent : stigma 2-lobed. Drupe ovate, 2-celled, 2-seeded ; the pericarp spongy. — A smooth shrub or small tree. Leaves entire. Racemes clustered at the base of the branches of the season, rigid, spreading. Flowers small, on short 2-bracted pedicels. 1. C. racemiflora, Walt. Leaves oblong or obovate-oblong (2' -4' long), on short petioles ; racemes straight, many-flowered ; drupe dry, ovate, tipped with the conspicuous slender style, mostly 1-seeded. — Varies with smaller (!'-!£') oblanceolate and more rigid leaves, and the nearly globose drape tipped with the short and thick style. — Shady banks, and (the variety) in pine-barren ponds, Florida to North Carolina, and westward. July. — Racemes 3'- 6' long. EBENACE^E. (EBONY FAMILY.) 273 2. CLIPTONIA, Banks. TITI. Calyx minute, composed of 5-8 scale-like persistent sepals. Petals 5-8, obovate, concave, short-clawed, spreading. Stamens mostly 10, in 2 rows ; the filaments erect, thick, contracted above the middle ; those opposite the petals longer : anthers round. Stigma sessile, 3 - 4-lobed. Drupe dry, 3 - 4-winged, 3 - 4-celled, with a single linear seed in each cell. — A shrub or small tree. Leaves oblong, smooth, and somewhat glaucous. Racemes terminal, many- flowered, with leafy deciduous bracts. Drupes nodding. 1. C. ligustrina, Banks. (Mylocarium, Willd.} — Pine-barren ponds and swamps, Florida, and the lower districts of Georgia, westward. March and April. — Leaves 2' long. Racemes 2' -4' long. Flowers white, fragrant. 3. ELLIOTTIA, Muhl. Calyx minute, 4-sepalous. Petals 4, oblong-linear, slightly adhering at the base. Stamens 8, included: anthers sagittate, thickened at the apex. Style slender, slightly exserted : stigma capitate. Ovary 4-celled, the cells many- ovuled. Fruit unknown. — A smooth shrub, 4° - 10° high. Leaves elliptical- lanceolate, acuminate at each end, glaucous beneath. Racemes terminal, bract- less, simple or compound. 1. E. racemosa, Muhl. — Near Waynesboro', Georgia, Elliott. — June. ORDER 81. EBENACEJE. (EBONY FAMILY.) Trees or shrubs, with watery juice. JLeaves alternate, entire, without stipules. Flowers polygamous ; the sterile cymose ; the fertile ones larger, solitary. — Calyx free from the 3 - 12-celled ovary, persistent, 3 - 7-lobed. Corolla 3 - 7-lobed, imbricated in the bud, deciduous. Stamens mostly 16, inserted on the base of the corolla, often united by pairs ; the filaments short and hairy : anthers introrse. Ovules 1 - 2 in each cell, anatropous, suspended. Styles distinct, or united below. Fruit baccate, roundish, few-seeded ; the seeds large, compressed. Embryo in the axis of hard albumen. Radicle superior. 1. DIOSPYROS, L. PERSIMMON. Calyx 4 - 6-lobed. Corolla bell-shaped, 4 - 6-cleft. Stamens in the sterile flower mostly 16 ; in the fertile 8, with the anthers sterile. Styles 2 or 4, united below. Ovules solitary in the cells. Berry 4 - 8-seeded. 1. D. Virginiana, L. Leaves ovate-oblong, mostly smooth, petioled; calyx 4-parted ; corolla 4-cleft ; styles 4, each 2-lobed ; ovary 8-celled. — Woods and old fields, Florida to Mississippi, and northward. May and June. — A small tree. Flowers greenish. Berry eatable when fully ripe. 274 SAPOTACE^E. (SAPODILLA FAMILY.) ORDER 82. SAPOTACE-flE. (SAPODILLA FAMILY.) Trees or shrubs, with milky juice, alternate entire exstipulate short- petioled leaves, and regular perfect (small) flowers, commonly in sessile axillary clusters. — Calyx free from the 3-12-celled ovary, 4 - 8-parted, persistent. Corolla hypogynous, 4-8-cleft, mostly with one or two ap- pendages between each lobe. Fertile stamens as many as the lobes of the corolla and opposite them, alternating with as many scale-like or petal- like sterile ones, inserted on the tube of the corolla : anthers extrorse. Ovules anatropous, single, suspended from the central angle of each cell, or ascending from its base. Fruit a drupe or berry. Seeds few. Albu- men fleshy or oily, or none. Embryo straight. Synopsis. i * Calyx 5-parted. •»- Corolla with a single appendage between the lobes. 1. SIDEROXYLON. Sterile stamens none. Fruit a drupe. Albumen copious. •t- t- Corolla with two appendages between the lobes. 2. DIPHOLIS. Seed wtyh copious albumen. Sterile stamens fimbriate. Ovary smooth. 3. BUMELIA. Seed without albumen. Sterile stamens entire. Ovary hairy. * * Calyx 6 -8-parted. 4. MIMUSOPS. Appendages of the corolla two between the lobes. Stamens 6 -8. 1. SIDEROXYLON, L. Calyx 4-parted. Corolla 5-cleft, with a single appendage between the lobes. Stamens 5, the sterile ones none. Ovary hairy, 5-celled. Drupe mostly 1-celled, 1-seeded. Albumen copious. — Tropical trees. Flowers clustered. 1. S. pallidum, Spreng. Smooth; leaves membranaceous, elliptical, ob- tuse, wavy on the margins, on slender petioles ; clusters few-flowered ; drupes purplish, ovoid. — South Florida. — Leaves 5'- 6' long. Drupe 9" long. 2. DIPHOLIS, A. DC. Calyx 5-parted. Corolla 5-cleft, with two toothed appendages between the lobes. Stamens 5, each alternating with an ovate-lanceolate fimbriate sterile one. Ovary smooth. Berry juiceless, 1-seeded. Albumen copious, fleshy. — A small tree, with silky branches. Leaves smooth, oblong-lanceolate, obtuse, narrowed into a short petiole. Flowers clustered, on short pedicels. 1. D. salicifolia, A. DC. — South Florida, Dr. Blodgett. Leaves 2'- 3' long. Calyx silky. Drupe small, oblong. 3. BUMELIA, Swartz. Calyx 5-parted. Corolla 5-cleft, with two appendages between the lobes. Stamens 5, each alternating with a petal-like sterile one. Ovary 5-celled, hairy. SAPOTACE^E. (SAPODILLA FAMILY.) 275 Berry ovoid, 1-sccded. Albumen none. — Spiny shrubs, with hard wood. Leaves deciduous, oblong, narrowed into a petiole. Flowers clustered, white or greenish. 1. B. lycioides, Gffirt. Leaves obovate-oblong, smooth on both surfaces ; clusters many-flowered, smooth ; pedicels twice as long as the flower, rather shorter than the petioles; corolla nearly twice the length of the calyx. — River-banks, Florida to North Carolina, and westward. June and July. — A large shrub or small tree. Leaves 2' -4' long. Flowers greenish. Berry ovoid. 2. B. tenax, Willd. Leaves oblanceolate or obovate-oblong, thin, the lower surface, like the branchlets and many-flowered clusters, covered with silky brown hairs ; pedicels three times as long as the flower, shorter than the petioles ; corolla white, barely longer than the calyx. — Dry soil, South Carolina, and westward ; not common. — Leaves l£'- 2^' long. Berry oval. 3. B. lanuginosa, Pers. Leaves obovate-oblong or obovate, coriaceous, the lower surface, like the branchlets and many-flowered clusters, covered with a dense rusty villous pubescence ; corolla white, twice as long as the calyx. — Dry sandy soil, Florida to South Carolina, and westward. June and July. — A shrub or small tree. Leaves 2' -3' long. Berry small, ovoid. 4. B. reclinata, Vent. Smooth ; branches diffuse ; leaves obovate, often emarginate; clusters few-flowered. — Varies with the branchlets, leaves, and clusters sprinkled with appressed silky fulvous hairs ; flowers smaller. — River- banks, Florida to South Carolina. June and July. — Shrub 3° -4° high. Leaves l'-2' long. Flowers white. Berry globose. 5. B. parvifolia, A. DC. Smooth throughout; lateral branches short and spine-like ; leaves small, coriaceous, lanceolate-spatulate or oblong-obovate, obtuse, clustered ; flowers few in a cluster, on short pedicels ; calyx-lobes ovate, obtuse, the two outer ones smaller ; corolla yellowish-white ; berry large, oblong. (B. angustifolia, Nutt.) — South Florida. — A small tree. Leaves 1' long. Berry 3" -4" long. 4. MIMUSOPS, L. Calyx 6 - 8-parted ; the lobes in two rows. Corolla 6 - 8-cleft, with 2 appen- dages between the lobes. Stamens 6-8, with as many 2-lobed sterile ones inter- posed. Ovary 6-8-celled, hirsute. Berry globose, 1-2-celled. Albumen fleshy. — Trees or shrubs. Leaves coriaceous, clustered at the summit of the branches. Flowers axillary, white. 1. M. Sieberi, A. DC. Branches short, thick, tubercular; leaves rigid, smooth, oblong, emarginate at the apex, obtuse at the base, on stout petioles; pedicels as long as the petiole, recurved ; calyx-lobes coriaceous, ovate-lanceolate, pubescent, as long as the corolla. — South Florida. — Leaves 2'- 3' long; the midrib stout, the lateral veins obscure. 276 MYBSINACEuE. (MYESINE FAMILY.) OBDEB 83. THEOPHRASTACE.E. (THEOPHBASTA FAMILY.) Trees or shrubs, with watery juice. Leaves coriaceous, often resinous- dotted, without stipules. Flowers perfect, thick, white, orange, or red. — Calyx 5-parted. Corolla 5-cleft, with a single appendage between the lobes. Stamens 5, fertile, opposite the lobes of the corolla : anthers ex- trorse, 2-celled, the thickened connective prolonged above the cells. Ovary free, 1-celled, many-ovuled. Placenta central, globose. Stigma capitate. Fruit globose. Seeds few, enclosed in gelatinous pulp. Em- bryo in the axis of copious albumen. Radicle inferior. 1. JACQUINIA, L. Calyx-lobes obtuse. Corolla bell-shaped, with ovate obtuse appendages. Stamens inserted on the base of the corolla : filaments broad and flat. Style cylindrical from a conical base : stigma capitate, 5-angled. Berry pointed, 3 - 10-seeded. Albumen hard. — Leaves entire, short-petioled. Flowers in racemes. 1. J. armillaris, Jacq. ? Branches puberulent; leaves wedge-obovatc, smooth, emarginate, 3-nerved, punctate, short-petioled, the margins revolute; racemes chiefly terminal, somewhat fleshy, many-flowered, rather longer than the leaves ; bracts ovate ; pedicels erect, club-shaped ; corolla short, bell-shaped, fleshy, the tube shorter than the rounded lobes ; stamens short ; the filaments dilated -and connate at the base, lining .the base of the corolla ; fruit subglobose. — South Florida. — Leaves 1' - 1^' long. Fruit 5" in diameter, orange-red. OBDEB 84. MYRSINACEJE. (MYRSINE FAMILY.) Trees or shrubs, often glandular-dotted, with alternate exstipulate mostly entire leaves, and regular, often monoecious or dioecious, white or rose-colored flowers. — Calyx 4-6-parted. Corolla 4 - 6-cleft. Sta- mens 4-6, opposite the lobes of the corolla: anthers 2-celled, introrse. Ovary mostly free, 1-celled, smooth: ovules 1 - many, imbedded in the cavities of the central placenta. Style simple. Fruit drupacepus, glo- bose, somewhat fleshy, commonly 1-seeded. Seeds roundish, concave at the base. Embryo transverse, in hard albumen. 1. MYRSINE, L. Flowers polygamo-dicecious. Calyx 4 - 5-parted. Corolla 4 - 5-cleft, imbri- cated in the bud. Stamens 4-5, inserted on the base of the corolla : anthers longer than the filaments, opening from the base upward. Style short : stigma capitate. Ovules 4-5, amphitropous. Drupe globose, 1-seeded. — Leaves coriaceous. Flowers small, in axillary clusters, on short pedicels. PLANTAGINACE^E. (PLANTAIN FAMILY.) 277 1. M. Floridana, A. DC. Smooth ; leaves obovate-oblong, entire, on short petioles ; clusters few-flowered ; lobes of the calyx and corolla 5 ; drupes small, longer than the pedicels. — South Florida. — Leaves 2'- 3' long. Drupes 1" in diameter. 2. ARDISIA, Swartz. Flowers perfect. Calyx 5-parted. Corolla 5-cleft, convolute in the bud. Stamens 5 ; the anthers mostly longer than the filaments, opening from the apex downward. Ovary 1 -celled, many-ovuled. Style slender : stigma acute. Drupe globular, 1-seeded. — Leaves coriaceous. Flowers in terminal racemes or panicles. 1. A. Pickeringia, Torr. & Gray. Smooth; leaves oblong-obovate, ob- tuse, entire, narrowed into a short petiole, pale beneath ; panicles terminal, short ; corolla dotted with minute black globules. — South Florida. July. — Leaves 2' long. Drupe l£" in diameter, shorter than the pedicel. ORDER 85. PLANTAGINACE^E. (PLANTAIN FAMILY.) Chiefly stemless herbs, with radical mostly ribbed leaves, and small whitish spiked or capitate flowers, borne on a naked scape. — Calyx of 4 imbricated sepals, with scarious margins. Corolla salver-shaped, 4-parted, withering. Stamens 2-4, included or exserted, inserted on the tube of the corolla, and alternate with its lobes : anthers 2-celled, deciduous. Style slender. Ovary free, 2-4-celled. Capsule 2-celled, few - many-seeded, opening transversely. Seeds attached to the de- ciduous partition. Embryo straight in fleshy albumen. 1. PLANTAGO, L. PLANTAIN. Characters same as the order. Flower perfect. 1. P. major, L. Leaves ovate or oval, smooth or pubescent, 5-7-ribbed, mostly toothed, narrowed into a broad concave petiole ; scape pubescent ; spike long-cylindrical, densely many-flowered ; bracts ovate ; capsule many-seeded. — Low ground around dwellings. Introduced. May - Aug. — Scape 6' - 12' high. Leaves 4' - 6' long. 2. P. cordata, Lam. Smooth ; leaves broadly ovate or cordate, toothed, 7 - 9-ribbed, on long flat petioles ; spike long-cylindrical, rather loosely flowered ; bracts roundish ; capsule 2-4-seeded. — Low ground, in the upper districts of Georgia, Tennessee, and northward. April- June. 1J. — Scape 1° high. Leaves 3' -8' long. • 3. P. Rugelii, Decaisne. Leaves smooth or pubescent, oblong, entire or obscurely denticulate, 3 - 5-ribbed ; spike cylindrical, rather loosely flowered ; bracts acute, shorter than the smooth calyx ; capsule conical, 4-seeded. — Hills near Decatur, Alabama. Rugel. — Plant small. Scape slender. 24 278 PLUMBAGINACE^E. (LEADWORT FAMILY.) 4. P. lanceolata, L. Smooth or pubescent ; leaves lanceolate, acute, denticulate, 3 - 5-ribbed, long-petioled ; spikes dense, ovate or oblong ; capsule 2-seeded. — Pastures and waste ground. Introduced. — Scapes l°-2° high. Spikes 1'- 2' long. 5. P. sparsiflora, Michx. Leaves smooth, lanceolate, toothed or entire, narrowed into a long petiole; scape much longer than the leaves, pubescent below; spike long, loosely flowered ; bracts ovate; calyx-lobes obtuse; capsule 2-seeded. (P. interrupta, Lam.) — Moist pine barrens, Georgia and South Caro- lina. June - Sept. — Spikes 6' - 9' long. * Flowers dioecious : annuals. 6. P. Virginica, L. Pubescent ; leaves lanceolate or oblong, toothed or entire, 3 - 5-ribbed, on rather short petioles ; spike cylindrical, densely-flowered ; stamens 4; capsule 2-4 seeded. (P. purpurascens, Nutt.) — Low sandy soil, very common. April -June. — Scapes 1' (and then 2-4-flowered) -1° high. Leaves £' - 6' long. 7. P. heterophylla, Nutt. Smooth or pubescent ; leaves somewhat fleshy, linear, entire, or with scattered spreading teeth ; spikes linear, closely flowered; the lower flowers scattered; stamens 2, exserted; capsule many- seeded, twice the length of the calyx. — Waste places and fields, Florida and northward. April and May, — Scape 2' - 6' high, commonly longer than the leaves. P. PTTSILLA, Nutt. (which may be found within our limits) differs from No. 7 in having the ovoid 4-seeded capsule scarcely longer than the calyx. ORDER 86. PLUMB AGIN AC EJE. (LEADWORT FAMILY.) Herbs or shrubs, with scattered or radical and clustered leaves. — Calyx tubular or funnel-shaped, 5-toothed, plaited, persistent. Corolla salver-shaped, 5-lobed or 5-petalous, with the 5 stamens opposite the lobes or petals, and inserted on their claws or on the receptacle. Styles 5, distinct or united. Ovary 1-celled, with the solitary anatropous ovule suspended from the apex of the filiform cord which arises from the base of the cell. Fruit utricular or capsular, variously dehiscent. Embryo straight, in mealy albumen. 1. STATICE, L. MARSH KOSEMARY. Calyx bracted ; the limb scarious, 5-lobed. Petals 5, distinct, or united by their claws. Stamens 5, inserted on the claws of the petals. Styles separate or nearly so : stigmas slender. Utricle variously dehiscent. — Perennial herbs, growing in saline marshes, with fleshy chiefly radical leaves, and scape-like 1. S. Caroliniana, Walt. Leaves oblong or obovate, tapering into a long petiole; scape scaly, widely branching ; flowers mostly single, in 1 -sided PRIMULACE^E. (PRIMROSE FAMILY.) 279 spreading spikes j calyx funnel-shaped, smooth, the lobes of the scarious limb alternating with 5 smaller ones. — Salt marshes, Florida, and northward. Aug. and Sept. — Scape £° - 2° high. Leaves 3'- C' long. Flowers blue. 2. PLUMBAGO, Tourn. LEAD WORT. Calyx tubular, 5-ribbed, 5-toothed. Corolla salver-shaped, 5-lobed. Stamens 5, inserted on the receptacle. Styles united. Stigmas linear. Utricle splitting into valves from the base upward. — Herbs or shrubs, with alternate entire mostly clasping leaves, and blue or white flowers in terminal spikes. 1. P. scandens, L. Shrubby; leaves ovate-lanceolate, acute, narrowed into a clasping petiole ; calyx glandular-viscid, half as long as the tube of the corolla ; lobes of the corolla ovate, white ; style smooth. — South Florida. — Leaves 2' - 3' long. Spike elongated. ORDER 87. PRIMUL-ACE^E. (PRIMROSE FAMILY.) Herbs, with simple alternate or opposite leaves, and regular flowers. — Calyx 4 - 5-lobed, persistent. Corolla 4 — 5-lobed. Stamens 4-5, oppo- site the lobes of the corolla, and inserted on its tube. Ovary free, or partly adherent to the calyx, 1-celled, many-ovuled. Placenta central, globose. Style single. Capsule 1-celled, many-seeded, valvate or circum- scissile. Seeds anatropous or amphitropous. Embryo straight in fleshy albumen. Synopsis. * Ovary free from the calyx. ^ •- Capsule opening by valves or teeth. 1. HOTTONIA. Corolla salver-shaped. Leaves pectinately dissected. 2. LYSIMACIITA. Corolla wheel-shaped. Stems leafy. Leaves opposite, entire. 3. DODECATHEON. Corolla wheel-shaped. Stemless. Leaves radical. •t- -i- Capsule opening transversely. 4. ANAGALLIS. Parts of the flower 5. Leaves opposite. Stamens bearded. 5. CENTUNCULUS. Parts of the flower 4. Leaves alternate. Stamens beardless. * Ovary partly adherent to the calyx. 6. SAMOLUS. Stamens 5, with sterile filaments interposed. Capsule valvate. 1. HOTTONIA, L. Calyx 5-parted. Corolla salver-shaped, 5-lobed. Stamens 5. Style slender. Capsule globose, at length splitting into 5 valves, which cohere at the base and apex. Seeds fixed by the base, anatropous. — Aquatic perennial herbs, with pectinately dissected leaves. Flowering stems mostly clustered, nearly leafless, inflated, bearing at the joints whorls of small white flowers. « 1. H. inflata, Ell. Flowering stems 3 -several in a terminal cluster, much inflated ; upper stem-leaves crowded, with filiform divisions ; bracts entire. — Ponds and ditches in the upper districts, Mississippi, and northward. June. 280 PRIMULACE^E. (PRIMROSE FAMILY.) 2. LYSIMACHIA, L. LOOSESTRIFE. Calyx 5-parted. Corolla wheel-shaped, 5-lobed. Stamens 5 ; the filaments often monadelphous at the base, and commonly with the rudiment of a sterile one interposed. Style slender. Capsule globose, 5-10-valved, few -many- seeded. Seeds amphitropous. — Perennial herbs, with entire opposite or whorled leaves, and axillary or racemose yellow flowers. =* Flowers in terminal racemes or panicles. 1 . L. stricta, Ait. Stem smooth, erect, branching ; leaves very numerous, opposite, dotted, lanceolate, acute at each end ; racemes long, leafy at the base ; pedicels slender ; lobes of the corolla lanceolate-oblong, obtuse, entire, marked with dark lines ; filaments monadelphous, unequal ; sterile ones none ; capsule 5-valved, 3 - 5-seeded.— Var. ANGUSTIFOLIA. Leaves linear-lanceolate, obtuse ; lobes of the corolla lanceolate, acute. (L. angustifolia, Michx. L. Loomisii, Torr.y corolla-lobes broader.) — Low ground in the middle and upper districts. July. — Stem 1°- 2° high. Leaves 2' long. Flowers small. 2. L. Fraseri, Duby. Stem glandular-pubescent at the summit, erect; leaves opposite, ovate or cordate-ovate, acuminate, narrowed into a short petiole ; flowers in a leafless panicle ; calyx bell-shaped, the lobes fringed on the mar- gins ; lobes of the corolla ovate-lanceolate, obtuse, entire ; filaments monadel- phous, unequal; sterile ones none. — South Carolina. Fraser. () 3. L. Herbemonti, Ell. Stem erect, smooth, simple ; leaves (and flow- ers) four in a whorl, ovate-lanceolate, sessile, dotted ; flowers racemose, on short pedicels, the upper ones scattered ; lobes of the corolla oblong-lanceolate, dotted ; filaments monadelphous at the base. (L. asperulaefolia, Poir ?} — Near Colum- bia, South Carolina, Elliott. North Carolina, Curtis, Groom. — Stem 2° high. Leaves faintly 3 - 5-nerved. * Flowers axillary. 4. L. quadrifolia, L. Stem pubescent, simple ; leaves 4-5 in a whorl, ovate-lanceolate, acute, dotted, sessile; peduncles filiform; lobes of the corolla ovate-oblong, dotted, filaments monadelphous. — Shady woods in the upper dis. tricts, and northward. July. — Stem 2° high. 5. L. ciliata, L. Stem mostly branching, smooth ; leaves opposite, lance- olate-ovate, acute, cordate or rounded at the base, on ciliate petioles ; corolla longer than the calyx, with broadly ovate or roundish denticulate lobes ; pedun- cles opposite. — Varies (L. hybrida, Michx.) with the leaves lanceolate or ovate- lanceolate, narrowed into a short petiole; the uppermost, like the peduncles, often whorled ; or (L. heterophylla, Michx.) with the lowest leaves obovate, the others long, lanceolate; or (L. angustifolia, Lam.) with linear nearly sessile leaves, and a more slender stem, and smaller flowers. — Woods and thickets, chiefly in the upper districts, Mississippi, and northward. July and Aug. — Stem 1° - 2° high. Leaves 2' - 4' long. 6. L. radicans, Hook. Smooth throughout; stem long, prostrate; the- slender branches often rooting at the apex; leaves opposite, ovate-lanceolate, acute, on long and slender petioles ; peduncles longer than the leaves ; corolla PRIMULACE.E. (PRIMROSE FAMILY.) 281 as long as the calyx. — Swamps and marshy banks of streams, in the upper districts. July Stem 2° -3° long. Flowers smaller than in any form of the preceding. 7. L. longifolia, Pursh. Smooth; stem erect, mostly simple, 4-angled; leaves linear, obtuse, sessile, with the margins revolute, the lowest ones spatu- late ; corolla large, with roundish abruptly acute lobes. — Wet banks, South Carolina, and northward. July to Sept. — Stem l°-3° high. Leaves 2' -4' long, rather rigid. Corolla 8" - 9" in diameter. 3. DODECATHEON, L. AMERICAN COWSLIP. Calyx 5-cleft, the lobes reflexed. Corolla-tube very short, the 5-parted limb reflexed. Stamens 5, the filaments monadelphous at the base : anthers long and linear, erect. Capsule oblong-ovate, 5-valved at the apex, many-seeded. — Stem- less herbs. Leaves radical, clustered, spatulate or oblong. Flowers umbellate, terminating the naked scape, white or purple. 1. D. Meadia, L. Smooth; leaves entire or obscurely crenate; umbel bracted, many-flowered; flowers showy, nodding. — Woods, North Carolina and Tennessee. May and June. 1J. — Scape 1° high. Leaves 4' - 6' long. 4. ANAGALLIS, L. PIMPEBNEL. Calyx 5-parted. Corolla wheel-shaped, 5-parted, longer than the calyx. Sta- mens five: filaments bearded. Capsule globose, opening transversely, many- seeded. — Low herbs, with opposite or whorled leaves, and axillary peduncled flowers. 1. A. arvensis, L. Stem branching, spreading, 4-angled; leaves ovate, sessile ; peduncles longer than the leaves, nodding in fruit; flowers red. — Fields and pastures. Introduced. July. (\|) — Stem 6' long. 5. CENTUNCULUS, L. Calyx 4-parted. Corolla bell-shaped, 4-cleft, shorter than the calyx. Sta- mens 4, beardless. Capsule globose, many-seeded, opening transversely. — Small annuals, with alternate leaves, and minute nearly sessile axillary white flowers. 1. C. minimus, L. Stem 3-angled, ascending, mostly branched ; leaves obovate, acute ; flowers often clustered. (C. lanceolatus, Michx.) — Low ground near the coast, Florida to North Carolina, and westward. March and April. — Stem l'-6' long. 6. SAMOLUS, L. Calyx 5-cleft ; the tube adherent to the base of the ovary. Corolla salver- shaped, 5-parted, commonly with slender filaments interposed. Stamens 5, included. Capsule 5-valved at the apex, many-seeded. — Smooth and some- what fleshy marsh herbs, with alternate entire leaves, and small white flowers in terminal racemes. 24* 282 LENTIBULACE./E. (BLADDERWORT FAMILY.) 1. S. floribundUS, Kunth. Stem at length much branched ; leaves obo- vate, the lowest tufted, spreading, the others scattered ; racemes many-flowered ; pedicels long, filiform, minutely bracted in the middle ; capsule globose, longer than the calyx ; flowers minute. — Brackish marshes, Florida to Mississippi, and northward. May - July. (2) — Plant 6' - 12' high, pale green. 2. S. ebracteatus, Kunth. Stem simple or sparingly branched, naked above ; leaves spatulate-obovate ; racemes few-flowered ; pedicels bractlcss ; ' capsule shorter than the calyx ; flowers conspicuous. — Saline marshes, Florida, and westward. May and June. — Stem 1° - 2° high. ORDER 88. LENTIBULACE^. (BLADDERWORT FAMILY.) Aquatic or marsh herbs, with entire or dissected leaves, and irregular flowers. — Calyx 2-lipped. Corolla 2-lipped, personate, spurred at the base. Stamens 2, short, included : anthers 1-celled. Ovary free, ovoid, 1-celled. Ovules numerous, anatropous, inserted on the free central globose placenta. Style short : stigma 2-lipped, the lower lip larger and covering the anthers. Capsule globose, many-seeded, opening irregularly. Embryo straight and thick. Albumen none. 1. UTBICULARIA, L. BLADDERWORT. Lips of the calyx entire. Throat of the corolla nearly closed by the projecting palate ; the lips entire or slightly lobed, the lower one with an ap- pressed or depending spur at the base. — Herbs, floating in still water by means of small air-bladders attached to the finely dissected leaves (or roots), or rooting in damp earth, with entire leaves, and few or no air-bladders. Scapes or pe- duncles 1 - many-flowered. * Stem floating: upper leaves whorled, on inflated petioles; the others scattered and finely dissected : flowers yellow. 1. IT. inflata, Walt. Scape 5 - 10-flowered ; corolla large (^' wide) ; the lower lip 3-lobed, twice as long as the appressed conical notched spur, the upper concave, nearly entire ; fruit nodding. — Var. MINOR. Every way smaller ; scape 2-flowered. — Ponds and ditches, Florida to North Carolina, and west- ward. April and May. — Stem 2° long. Scape 6' - 12' high. * * Stem floating: leaves all scattered and finely dissected: flowers yellow. 2. TJ. Vlllgaris, L. Leaves decompound ; scape scaly, 5 - 12-flowered ; throat of the corolla closed by the prominent palate ; the lobes nearly entire, with reflexed margins, longer than the conical obtuse somewhat spreading spur ; fruit nodding. — Ponds and still water, Mississippi to North Carolina, and northward. May - July. — Stem 2° - 3° long. Scapes 6' - 12' high. Co- rolla £' wide. 3. TJ. striata, Leconte. Leaves decompound; scape slender, sparingly bracted, 5 - 6-flowered ; lips of the long-pedicelled corolla nearly equal, 3-lobcd ; LENTIBULACE^E. (BLADDEKWORT FAMILY.) 283 the upper one concave, striate in the middle, the lower with rcflexed margins, as long as the linear nearly appressed notched spur ; palate dotted with brown ; fruit erect. (U. fibrosa, Ell.) — Still water, Florida, and northward. Sept.— Scapes 10' high. Corolla ^' wide. 4. U. fibrosa, Walt. Small; leaves short, sparingly divided, root-like; scape 1-3- (mostly 2-) flowered, almost bractless; lips of the small (4" -5") corolla equal, roundish ; the upper one slightly 3-lobed ; the lower entire, rather shorter than the subulate appressed spur ; palate globose, 2-lobed ; fruit erect, on stout pedicels. (U. longirostris, Lcconte. U. biflora, Lam.l) — Ponds, Florida to South Carolina. May and June. — Stem 4' - 6' long, with clus- tered branches. Scape 2' - 4' high. 5. U. gibba, L. Stem short, with clustered branches; leaves sparingly divided ; scape 1 - 2-flowered ; lips of the corolla nearly equal, longer than the gibbous obtuse appressed spur; fruit erect. (U. fornicata, Leconte.) — Shallow ponds, South Carolina, Elliott, and northward. June. — Stem 2' -3' long. Scape l'-3' high. # # # Stem floating : leaves whorled, finely dissected : flowers purple. 6. U. purpurea, Walt. Stem long, filiform; scape mostly 1 -flowered; upper lip of the corolla truncated ; the lower 3-lobed, with the lateral lobes sac-like, longer than the subulate spur. — Shallow ponds, Florida to Missis- sippi, and northward. June. — Stem l°-2° long. Scape 2' -3' high. Co- rolla 4" wide. * * * * Stemless : scape rooting, scaly : leaves linear and entire, or none : air- bladders few or none : flowers yellow. 7. U. COrnuta, Michx. Scape 2 - 4-flowered ; pedicels short, as long as the calyx; lips of the large (f wide) corolla obovate, unequal; the lower one larger, abruptly pointed, entire, as long as the horn-shaped acute depending spur, the margins strongly reflexcd. (U. personata, Leconte, the more numerous (4 - 12) and scattered flowers much smaller.) — Swamps, Florida, and northward. July- Sept.— Scape l°high. 8. U. SUbulata, L. Scape setaceous, 3 - 9-flowered ; pedicels much longer than the calyx ; lower lip of the small (3" -4") corolla 3-lobed, longer than the appressed conical green-pointed spur; leaves, when present, linear, fugacious. (U. setacea, Michx.) — Wet sandy pine barrens, Florida to North Carolina, and westward. Feb. - May. — Scape 2' - 8' high. 9. U. bipartita, Ell.? Scape filiform, 1-3-flowered; pedicels long and slender ; upper lip of the corolla slightly 3-lobed ; the lower entire, as long as the conical obtuse spur ; lower lip of the calyx sometimes 2-cleft ; fruit erect. — Miry margins of ponds near Tallahassee, Florida, to South Carolina. Sept. — Scape 4' - 6' high. Corolla 6" - 8" wide. 2. PINGUICULA, Tourn. BUTTEEWOET. '* Upper lip of the calyx 3-lobed, the lower 2-lobed. Corolla somewhat 2-lipped ; the upper lip 2-lobed ; the lower 3-lobed, spurred at the base ; 284 BIGNONIACE^E. (BIGNONIA FAMILY.) palate hairy. — Stemless herbs. Leaves all radical, clustered, entire, with the margins commonly involute. Scape naked, commonly viscid. * Flowers yellow. 1. P. lutea, "Walt. Clammy-pubescent ; leaves oblong-obovate ; corolla large, with the rounded lobes 2 - 4-cleft ; spur subulate. — Open flat pine bar- rens, common. Feb. -April. — Plant yellowish. Scape 6'- 12' high. Corolla l'-l^'wide, nodding. .-„ * * Flowers purple^ often changing to white. 2. P. elatior, Michx. Leaves clammy-pubescent, spatulate-ovate ; scapes villous near the base ; lobes of the corolla 2-cleft, rounded ; spur obtuse. — Mar- gins of ponds, Florida to North Carolina. March and April. — Scapes 8' -12' high. Corolla 1' wide. 3. P. australis, Nutt. Smoothish ; leaves lanceolate or oblong, flat ; co- rolla 5-parted, the wedge-obovate lobes 2-cleft, acutish ; spur sac-like, obtuse. — Shallow ponds, West Florida, near the coast. March. — Scapes 1° high. Co- rolla 1' wide. 4. P. pumila, Michx. Clammy-pubescent ; leaves roundish or obovate ; lobes of the corolla obcordate ; spur somewhat sac-like, obtuse. — Low sandy pine barrens, Georgia, Florida, and westward. March and April. — Scape 2;- 6' high. Corolla £' - 1' wide. ORDER 89. BIGNONIACE^E. (BIGNONIA FAMILY.) Herbs, shrubs, or trees, with simple or compound leaves, and regular or somewhat irregular showy flowers. — Calyx 2-lipped, 5-lobed, or truncate and entire. Corolla tubular or bell-shaped, mostly 2-lipped. Fertile sta- mens 2, or 4 ancl didynamous, inserted on the corolla : anther-cells diverg- ing. Ovary 2-celled, many-ovuled ; the base surrounded with a glandular disk. Style filiform: stigma 2-lipped. Capsule 2-valved, 2- or 4-celled, many-seeded. Embryo flat. Albumen none. Synopsis. SUBORDER I. BIGNONIEJL Trees, shrubs, or woody vines. Cap- sule 2-celled, the valves separating from the partition. Seeds flat, winged. Cotyledons notched at each end. — Leaves opposite. 1. BIGNONIA. Valves of the capsule parallel with the partition. Leaves compound. 2. TECOMA. Valves of the capsule contrary to the partition. Leaves compound. 3. CATALPA. Valves of the capsule contrary to the partition. Leaves simple. SUBORDER II. SESAMES. Herbs. Capsule 4-celled. Seeds wing- less. Cotyledons thick, entire. 4. MARTYNIA. Capsule woody, beaked. Leaves simple, alternate or opposite. BIGNONIACE^E. (BIGNONIA FAMILY.) 285 1. BIGNONIA, Tourn. CROSS-VINE. Calyx cup-shaped, truncate or slightly 5-toothed. Corolla tubnlar-bell- shapcd, 5-lobed. Fertile stamens 4, didynamous ; anthers smooth. Valves of the capsule flattened parallel with the partition, and separating from it at maturity. Seeds flat, winged. — Climbing woody vines. Leaves opposite, compound. 1. B. capreolata, L. Leaves evergreen; the short petiole terminated by 2 cordate-oblong entire stalked leaflets, with a branched tendril between ; pedi- cels clustered, axillary, elongated. — "Woods, Florida to Mississippi, and north- ward. April. — Stem climbing high. Leaflets 3' - 6' long. Corolla 2' long, red without, yellow within. Capsule £° long. 2. TECOMA, Juss. TRUMPET-FLOWER. Calyx bell-shaped, 5-toothed. Corolla funnel-shaped, 5-lobed. Fertile sta- mens 4, didynamous. Valves of the capsule convex, contrary to the parti- tion. Seeds winged. — Shrubs or woody vines. Leaves opposite, compound, deciduous. 1. T. radicans, Juss. — Stem climbing by rootlets ; leaves pinnate, more or less pubescent ; leaflets 9-11, ovate or ovate-lanceolate, acute or acuminate, serrate ; racemes terminal, few-flowered. (Bignonia radicans, L.) — Woods and margins of fields, Florida to North Carolina, and westward. May and June. — Corolla 2' -3' long, scarlet without, yellow within. Capsule 4' - 5' long. 2. T. stans, Juss. Stem erect; leaves smooth, pinnate, long-petioled; leaflets 7, lanceolate, acute, finely serrate ; racemes many-flowered ; calyx tubu- lar ; stamens 5, the fifth bearing an abortive anther. — South Florida. March - May. — Stem 3° - 4° high. Corolla l£' long, yellow. 3. CATALPA, Scop. Calyx 2-lipped. Corolla bell-shaped, somewhat 2-lipped, 5-lobed. Fertile stamens 2. Valves of the cylindrical capsule contrary to the partition. Seeds flat, with fimbriate wings. — Small trees. Leaves simple opposite. Flowers in terminal panicles. 1. C. bignonioides, "Walt. Leaves large, cordate, entire or angularly lobed, acuminate, long-petioled, pubescent; panicle trichotomous, many-flow- ered ; calyx purple ; corolla white, variegated with yellow and purple within, the lobes undulate ; capsule slender, elongated, pendulous. (C. cordifolia, Ell.) — River-banks, Georgia, Florida, and westward. May. — Corolla 1' long. Cap- sules 1° long. 4. MARTYNIA, L. UNICORN-PLANT. Calyx 5-clcft, 2 - 3-bracted. Corolla irregular, tubular-bell-shaped, unequally 5-lobed. Fertile stamens 2 or 4. Capsule woody, falsely 4-cellcd, ending in two long recurved horns, and opening between them. Seeds wingless. — Viscid 286 OROBANCHACE^. (BROOM-RAPE FAMILY.) branching annuals. Leaves petioled, entire, roundish, the upper ones alternate. Flowers racemed. 1. M. proboscidea, Glox. — Stems thick, at length prostrate; leaves round-cordate; corolla (l^'long) whitish, spotted with yellow and purple; cap- sule crested on one side, shorter than the beaks. — Waste places. Introduced. July and Aug. ORDER 90. OROBANCHACE^E. (BROOM-RAPE FAMILY.) Low, leafless, scaly herbs, parasitic on roots, with bilabiate didynamous flowers. — Calyx 4 - 5-toothed or parted. Corolla withering-persistent, tubular, the upper lip 2-cleft or entire, the lower 3-lobed. Stamens in- serted on the tube of the corolla : anthers persistent. Ovary free, 1-celled, with 2-4 parietal placentae. Style simple, curved at the apex : stigma thick, 2-lobed. Capsule 2-valved, many-seeded. Seeds very small, ana- tropous, with the minute embryo at the base of transparent albumen. — Flowers perfect or polygamous, solitary or spiked. Synopsis. 1. EPIPHEGUS. Flowers polygamous, spiked ; the lower ones fertile, the upper sterile. Ca- lyx 2-bracted, 5-toothed. Stem branching. 2. CONOPHOLIS. Flowers perfect, spiked. Calyx 2-bracted, cleft on the lower side. Stem simple, thick and fleshy. 3. APHYLLON. Flowers solitary, perfect. Calyx bractless, 5-cleft. Corolla nearly equally 5-lobed. 1. EPIPHEGUS, Nutt. BEECH-DROPS. Flowers polygamous ; the upper ones slender and sterile, the lower abbreviated and fertile. Calyx 5-toothed. Capsule 2-valved at the apex, with 2 placentae on each valve. — Stem smooth, slender, much branched, purplish. Flowers small, in loose slender spikes. Corolla purplish. 1. E. Virginiana, Bart. — Under Beech-trees, in deep shades, Florida to Mississippi, and northward. Aug. — Stems 6' -12' high. Flowers scattered. Corolla of the sterile flowers 4" - 6" long, 4-toothed, curved. 2. CONOPHOLIS, Wallr. SQUAW-ROOT. Flowers perfect, densely spiked. Calyx 2-bracted, tubular, 4-toothed, cleft on the lower side. Upper lip of the corolla arching, notched ; the lower short, 3- toothed. Stamens exserted. Capsule 2-valved, with 2 placentae on each valve. — A thick and fleshy whitish simple herb, covered with imbricated scales. Flow- ers yellowish, spreading. 1. C." Americana, "Wallr. (Orobanche, L.) — Shady woods, Florida to Mississippi, and northward. April. — Stems clustered from matted roots, 4' - 6' high, %' thick. SCROPHULARIACE^E. (FIGWORT FAMILY.) 287 3. APHYLLON, Mitchell. Flowers solitary, perfect. Calyx 5-cleft, bractless. Corolla tubular, curved, nearly equally 5-lobed. Stamens included. Capsule 2-valved, with 4 equidistant placentae.— Stemless or nearly so. Flowers purplish, on a long scape or peduncle. 1. A. uniflorum, Torr. & Gray. — Stem very short and scaly; peduncles 1 - several, 3' - 5' high, pubescent ; calyx-lobes lanceolate-subulate. (Orobancho uniflora, L.) — Woods, Florida, and northward. ORDER 91. SCROPHULARIACEJE. (FIGWORT FAMILY.) Chiefly herbs. Leaves commonly opposite, without stipules. Calyx 4 - 5-cleft or parted. Corolla 4 - .o-lobed, regular, or bilabiate ; the lobes imbricated in the bud. Fertile stamens 4 (sometimes 2, rarely 5), mostly didynamous, inserted on the tube of the corolla : anther-cells often sepa- rate, opening lengthwise. Ovary free, 2-celled, many-ovuled. Placentae central. Style simple or 2-cleft. Capsule 2-celled, many- (rarely 1-few-) seeded. Seeds anatropous. Embryo small, in copious albumen. Synopsis. § 1. Upper lip of the corolla exterior in the bud (except Mimulus). Capsule commonly septicidally dehiscent. # Stamens 5, all perfect. Corolla regular. 1. VERBASCUM. Corolla wheel-shaped. Filaments, or a part of them, bearded. Leaves alternate. * * Fertile stamens 4 ; the fifth sterile or rudimentary. Flowers cymose. Leaves opposite. 2. SCROPHULARIA. Fifth stamen scale-like. Corolla globose or oblong ; four of the lobes short and erect. 3. CHELONE. Fifth stamen shorter than the others. Corolla tubular, inflated, contracted at the throat. Seeds winged. 4. PENTSTEMON. Fifth stamen as long as the others. Corolla dilated upward. Seeds wingless. * * * Fertile stamens 4 : sterile ones none. Flowers axillary or racemed. 5. LINARIA. Corolla spurred at the base. Capsule toothed at the apex. 6. MIMULUS. Calyx tubular, 5-angled, 5-toothed. Corolla large. 7. HERPESTIS. Calyx 5-parted ; the three outer lobes much larger. Corolla short. * * * * Fertile stamens 2 : sterile ones 2 or none. 8. GRATIOLA. Calyx 5-parted. Sterile filaments entire, included. Capsule ovate or globose. 9. ILYSANTHE3. Calyx 5-parted. Sterile filaments 2-cleft, exserted. Capsule oblong. 10. M1CRANTHEMUM. Calyx 4-parted. A scale-like appendage below the filaments. § 2. Upper lip of the corolla interior in the bud. Capsule commonly loculicidally dehiscent * Corolla regular or slightly 2-lipped ; the lobes nearly equal. -i- Stamens 2, distant. Capsule mostly obcordate. 11. AMPHIANTHJJS. Style 2-cleft. Flowers solitary, terminating the central scape and in the axils of the tufted radical leaves. 12. VERONICA. Style simple. Flowers in leafy racemes or spikes. 4- -t- Stamens 4-5, equal. Peduncles axillary, 2 or more together. 13. CAPRARIA. Corolla bell-shaped, 5-cleft. Capsule loculicidal. Leaves alternate. 14. SCOPARIA. Corolla wheel-shaped, 4-cleft. Capsule septicidal. Leaves opposite or whorled. 288 SCROPHULARIACE^E. (PIGWORT FAMILY.) -•(-•(- Stamens 4. Flowers racemed or spiked. 4H- Anthers 1-celled. 15. BUCHNERA. Corolla salver-shaped. Stamens didynamous. Flowers spiked. •H- -H- Anthers 2-celled. Stamens equal. 16. SEYMERIA. Corolla bell-shaped, yellow. Stamens included. 17. MACRANTHERA. Corolla tubular, orange. Stamens long-exserted. •H- -H- -H- Anthers 2-celled. Stamens didynamous. 18. OTOPHYLLA. Anthers unequal. Corolla bell-shaped. Upper leaves 2-eared at the base. 19. DASYSTOMA. Anthers equal, awned at the base. Corolla funnel-shaped, yellow. Leaves m&stly pinnatifid. 20. GERARDIA. Anthers equal, pointed at the base. Corolla bell-shaped, purple. Leaves narrow, entire. * Corolla tubular, 2-lipped ; the upper lip arching and enclosing the 4 didynamous stamens. •»- Anther-cells unequal. 21. CASTILLEIA. Anther-cells separate. Leaves alternate, the floral ones colored. •+- 4- Anther-cells equal. 22. SCHWALBEA. Calyx 10- 12-ribbed, the upper teeth smaller. Capsule oblong, many- seeded. Leaves entire, alternate. 23. PEDICULARIS. Capsule sword-shaped, few-seeded. Leaves pinnatifid. 24. MELAMPYRUM. Calyx 4-cleft. Capsule flat, 1 - 4-seeded. Upper leaves bristly-toothed at the base. 1. VERBASCUM, L. MULLEIN. Calyx 5-parted. Corolla rotate, 5-lobed ; the lobes nearly equal, roundish. Stamens 5, declined, all, or a part of them, bearded. Stigma simple. Capsule globose, many-seeded. — Tall biennial herbs. Leaves alternate. Flowers in 1. V. Thapsus, L. Woolly throughout; stem stout, simple; leaves slightly crenate, rugose ; the lowest large, oblong, petioled, the others broadly decurrent on the stem ; raceme spike-like, dense, cylindrical ; flowers yellow. — Old fields and waste ground. Introduced. — Stem 2° - 5° high. Lowest leaves 1° long. Raceme rigid, 1° - 2° long. 2. V. Blattaria, L. Stem smooth below, pubescent above, sparingly branched or simple ; leaves smooth, oblong, acute, serrate or pinnately lobed ; the lowest petioled; the upper clasping; racemes elongated, glandular, the flowers scattered; corolla bright or pale yellow; filaments all bearded with purple hairs. — Waste ground, chiefly in the upper districts. Introduced. — Stem 2° -3° high. 3. V. Lychnitis, L. Plant mealy-white; stem branching and angled above ; leaves ovate, acute, sessile ; the lowest narrowed into a petiole, greenish above ; flowers in a pyramidal panicle, yellow ; filaments bearded with white hairs. — In Carolina, Muhlenberg. Introduced. 2. SCROPHULARIA, L. FIGWORT. Calyx 5-parted. Corolla globose or oblong, 5-cleft ; the 4 upper lobes erect, with the two uppermost longer ; the lowest spreading. Stamens 4, declined ; the fifth sterile and scale-like, placed near the orifice of the tube of the corolla; SCROPHULARIACE^. (FIGWORT FAMIlAr.) 289 anther^cells transverse and confluent into one. Capsule many-seeded. — Tall herbs, with opposite leaves, and greenish-purple flowers in loose cymes, forming a narrow panicle. 1. S. nodosa, L. Smooth; stem 4-sided; branches elongated, spreading ; leaves ovate or oblong, or the uppermost lanceolate, acute, serrate, rounded or cordate at the base; flowers small. (S. Marilandica, L.) — Shady banks and thickets, Florida to Mississippi, and northward. Sept. — Stem 2° - 5° high. * 3. CHELONE, Tourn. SNAKE-HEAD. Calyx 5-parted or 5-sepalous, bracted. Corolla inflated-tubular, contracted at the throat, bilabiate ; the upper lip concave, emarginate ; the lower obtusely 3-lobed, woolly in the throat. Stamens 4, with the filaments and cordate anthers woolly, and a fifth sterile one shorter than the others. Seeds imbricated, broadly winged. — Smooth perennial herbs, .with opposite serrate leaves, and large white or purple flowers in short dense bracted spikes. 1. C. glabra, L. Stem simple or branched, 4-sided ; leaves lanceolate or oblong, acute or acuminate, on very short petioles ; spike terminal, imbricated, nearly sessile, simple or branched ;, bracts and sepals ovate ; corolla white or rose-color. (C. obliqua, L.) — Wet banks of streams, Florida and northward, rare in the lower districts. Sept. — Stem 2° high. Leaves 2' -4' long, some- times pubescent beneath. Corolla 1' - 1\|' long, concave beneath. 2. C. Lyoni, Pursh. Stem simple or branched; leaves ovate or ovate- oblong, rounded or cordate at the base, acuminate, serrate, conspicuously peti- oled, mostly pubescent on the veins beneath ; spike sessile, simple or branched ; bracts and calyx-lobes ovate, ciliate; flowers purple. (C. latifolia, MuJd., leaves acute at the base.) — Mountains of North Carolina. Sept. — Stem 2° - 3° high. Leaves 4' - 6' long, thinner, and the flowers smaller than in the preceding. 4. PENTSTEMON, L'Her. Calyx 5-parted. Corolla inflated-tubular, or somewhat bell-shaped, open at the throat, bilabiate; the upper lip rounded, concave, emarginate or 2-lobed; the lower 3-lobed. Stamens 4, declined at the base, and a fifth sterile one as long as the others, and commonly bearded above. Capsule 2-valved, many- seeded. Seeds wingless. — Erect perennial herbs, with opposite leaves, and white or purple flowers in axillary and terminal cymes, forming a close or open narrow terminal panicle. * Leaves pinnately divided. 1. P. dissectus, Ell. Smooth or minutely pubescent; divisions of the leaves linear, obtuse, entire or sparingly lobed ; cymes few-flowered, long-pedun- cled ; corolla somewhat bell-shaped, with rounded and nearly equal lobes ; an- ther-cells smooth, spreading; sterile stamen bearded at the apex. — Dry soil in the middle districts of Georgia. — Stem 2° high, slender. Calyx-lobes small, acute. Corolla 9"- 10" long, purple. 25 290 SCROPHULARIACE^E. (FIGWORT FAMILY.) * * Leaves undivided. 2. P. pubescens, Solander. Pubescent or smooth; leaves lanceolate, acute, serrate or entire, sessile or clasping ; the lowest ovate or oblong, tapering into a slender petiole ; cymes spreading, few-flowered ; tube of the corolla grad- ually dilated above the middle ; the lower lip longer than the upper ; sterile stamen bearded down one side; anthers smooth. (P. lasvigatus, Soland., a smooth form.) — Dry open woods and fence-rows, Florida to North Carolina, and westward. June and July. — Stem 2° high. Lowest leaves 3' - 5' long. Corolla 1' long, pale purple. 3. P. Digitalis, Nutt. Smooth or nearly so ; stem-leaves ovate-lanceolate, serrate or entire, clasping ; the lowest oblong, narrowed into a petiole ; cymes few-flowered, spreading, forming a narrow panicle ; tube of the corolla abruptly dilated near the base ; the lips nearly equal ; sterile stamen bearded down one side. — Dry soil, Georgia, Florida, and westward. July. — Stem. 2° high. Co- rolla 9"- 12" long, white or pale purple. Var. multiflorus, Benth. Larger (3° -4° high) ; leaves thicker; cymes many-flowered, forming a large spreading panicle ; corolla smaller. — Pine bar- rens, Florida. 5. LINABIA, Juss. TOAD-FLAX. Calyx deeply 5-parted. Corolla personate, spurred at the base; the upper lip emarginate or 2-lobed ; the lower 3-lobed ; the throat commonly closed by the prominent palate. Stamens 4, didynamous. Capsule globose or ovoid, opening at the apex, with few or several tooth-like valves, many-seeded. — Herbs, with alternate or (on the radical branches) opposite or whorled leaves, and axillary or racemose flowers. * Stems icith prostrate branches at the base, which bear broader opposite or whorled leaves. 1. L. Canadensis, Spreng. Smooth ; stem erect, slender, mostly simple ; leaves linear, flat, scattered ; those on the radical branches oblong ; racemes straight; pedicels erect, as long as the calyx; lobes of the small (3" -4") blue and white corolla rounded ; spur filiform, curved, as long as the pedicels. (An- tirrhinum Canadense, L.) — Cultivated ground, common. April and May. (D — Stem l°-2°high. 2. L. Floridana, n. sp. Stem smooth, ascending, paniculately much branched ; leaves scattered, fleshy, terete, linear or club-shaped ; those on the radical branches obovate ; racemes elongated, flexuous, glandular-hairy ; pedicels spreading, 3-4 times as long as the calyx ; lobes of the small (2") blue corolla truncate or emarginate ; spur very short. — Drifting sands near the coast, West Florida. April and May. (f) — Stem 3' - 12' high. * * Prostrate branches none. 3. L. vulgaris, Miller. Smooth ; stem erect, simple or branched ; leaves alternate, linear or linear-lanceolate, crowded; raceme dense; flowers large (!' long), yellow ; spur subulate ; seeds flattened, margined. — Waste places, North Carolina, and northward. Naturalized. Aug. ty— Stem l°-3° high. SCROPHULARIACEJE. (FIG WORT FAMILY.) 291 4. L. Elatine, Miller. Hairy ; stem prostrate, slender, branching ; leaves small, ovate and hastate ; the lowest sometimes opposite and toothed ; pedicels axillary, filiform, commonly longer than the leaves ; flowers small, yellow and purplish ; calyx-lobes lanceolate, acute. — Waste places, North Carolina. Nat- uralized. @ — Stem 4' - 12' long. 6. MIMULUS, L. MONKEY-FLOWER. Calyx tubular, 5-angled, sharply 5-toothed. Corolla bilabiate ; the upper lip 2-lobed, erect or reflexcd ; the lower 3-lobed, spreading. Stamens 4, didyna- mous : anther-cells somewhat confluent. Stigma ovate, 2-lipped. Capsule locu- licidally 2-valved, many-seeded. — Erect smooth perennial herbs, with opposite leaves, and axillary purple flowers. 1. M. ringens, L. Stem compressed, 4-angled, the angles wingless; leaves oblong or lanceolate, denticulate, cordate and clasping at the base ; pe- duncles longer than the flowers. — Swamps in the upper districts. Aug. — Stem 1° - 2° high. Leaves thin, 2' - 4' long. Corolla showy, the palate greenish and pubescent. 2. M. alatus, Ait. Stem square, with winged angles ; leaves oblong-ovate, acuminate, serrate, tapering at the base into a petiole ; peduncles shorter than the flowers. — Swamps, Florida, and northward. July and Aug. — Stem 2° high. Leaves 2'- 5' long. Calyx-teeth small. 7. HERPESTIS, Gsertn. Calyx 5-parted ; the 3 outer lobes, especially the upper one, broader. Corolla bell-shaped, 5-lobed or bilabiate, with the upper lip 2-lobed or emarginate, the lower 3-lobed. Stamens 4, didynamous : anther-cells contiguous or divaricate. Style dilated and flattened at the apex. Capsule 2-valved, many-seeded. — Low herbs, with opposite leaves. Flowers opposite, axillary, or in leafy terminal racemes. * /Stems 4-angled : leaves serrate : peduncles 2-bracted at the base : exterior calyx-lobes oMong: corolla white. 1. H. nigrescens, Benth. Smooth; stem erect, simple or branched; leaves oblong or oblong-obovate, rather obtuse, serrate above the middle ; lower peduncles as long as the leaves, the upper much longer ; tube of the corolla striped with blue ; the upper lip rounded. (Gratiola acuminata, Walt.) — Low ground, Florida to North Carolina, and westward. Aug. and Sept. — Stem 1° - l£° high. Leaves 1' - 2' long. 2. H. peduncularis, Benth. Smooth; stem decumbent, diffuse, creep- ing near the base ; leaves small, obovate-oblong, entire near the base ; peduncles filiform, 3-4 times as long as the leaves. — Key West. — Stems 6' - 12' long. Leaves 4" - 6" long. Flowers smaller than in No. 1. 292 SCROPHULARIACE.E. (FIGWORT FAMILY.) * * Stems terete, succulent, creeping : leaves ovate or roundish, entire: exterior calyx- lobes cordate or ovate : peduncles 2-bracted at the apex. 3. H. Monni^ria, Kunth. Smooth ; stems diffuse, creeping ; leaves fleshy, wedge-obovate, entire or obscurely crenate ; corolla bell-shaped, with the rounded lobes nearly equal ; peduncles as long as the flowers ; exterior calyx- lobes ovate. (H. cuneifolia, Pursh.) — Ditches and muddy banks along the coast, Florida to North Carolina, and westward. June -Sept. 1J. — Stem 1° - 2° long. Leaves 1 ' long. Corolla white or pale blue. 4. H. amplexicaulis, Pursh. Stem villous, ascending from a creeping base ; leaves smoothish, ovate, cordate and clasping, obtuse ; peduncles shorter than the flowers ; exterior calyx -lobes cordate ; base of the ovary surrounded by a 12-toothcd disk. (H. rotundifolia, EIL, not of Pursh.) — Pine-barren ponds, Florida to North Carolina, and westward. July- Sept. 1J. — Flowering stems 6' -8' high. Leaves £' long, crowded. Flowers blue. Plant odorous. 8. GKATIOLA, L. HEDGE-HYSSOP. Calyx 5-parted, the lobes nearly equal, narrow. Corolla bilabiate, with the upper lip entire or emarginate, the lower 3-cleft. Fertile stamens 2, included, the anterior ones sterile or wanting. Stigma 2-lipped. Capsule 4-valved, many- seeded. — Low perennial herbs, with opposite leaves, and solitary axillary white or yellow flowers. Calyx mostly 2-bracted. * Connective of the anthers dilated, the cells transvei'se : stems tender : flowers peduncled. •»- Sterile stamens minute or none. 1. G. Virginiana, L. Stem branching from the base, glandular-pubes- cent above ; leaves lanceolate, acute, sparingly serrate, sessile, the lower ones nar- rowed at the base ; peduncles slender, the upper ones longer than the leaves ; corolla white, with the yellowish tube twice as long as the calyx ; capsule ovate, acute. —Muddy banks and ditches, Florida to Mississippi, and northward. April and May. — Stem 6' -12' high. Leaves 1' long. Corolla 5" -6" long, hairy within. 2. G. Moridana, Nutt. Stem simple or branched, smooth ; leaves lance- olate or oblong, obtuse, entire or nearly so, narrowed at the base, sessile, the lowest slightly petioled ; peduncles filiform, longer than the leaves ; lobes of the corolla emarginate, white ; the slender yellowish tube three times as long as the calyx. — Muddy banks of the Chipola River, West Florida. April. — Stem 1° high. Leaves 1' long. Corolla 8" long. Capsule globose. 3. G. sphserocarpa, Ell. Smooth ; stem thick, ascending, branching at the base; leaves oblong or lance-oblong, serrate above, narrowed and entire towards the base, sessile, the lowest mostly obovate ; peduncles thick, shorter than the leaves, sometimes shorter than the calyx ; corolla white, the tube twice as long as the calyx ; capsule globose. — Springs and branches, Florida to South Carolina, and westward. March -May. — Stem 4' -12' high. Leaves 1' long. Corolla J'long. SCROPHULARIACE^E. (FIGWORT FAMILY.) 293 •- •»- Sterile stamens manifest. 4. G. viscosa, Schwcin. Viscid-pubescent; stem ascending, simple or sparingly branched ; leaves ovate-lanceolate, acute, sharply serrate, clasping, 3-nerved ; peduncles as long as the leaves ; lobes of the corolla white, emar- ginate, the tube yellowish and bearded within ; calyx-lobes lanceolate, much longer than the small globose capsule. — Ditches and muddy places in the upper districts, Mississippi to North Carolina. June - Aug. — Stem 6' - 1 2' high. Leaves £' long. Corolla 5" -6" long. Bracts wider than the calyx-lobes. 5. G. Drummondi, Benth. Viscid-puberulent ; stem decumbent at the base, ascending ; leaves lanceolate, acute, sparingly serrate, 3-ncrved, clasping ; bracts and calyx-lobes subulate, much longer than the capsule. — In Georgia, Boykin, and westward. 6. G. quadridentata, Michx. Pubescent and somewhat viscid; stem decumbent at the base, ascending, simple or branched ; leaves lanceolate, sessile, 4-toothed ; peduncles mostly longer than the leaves ; corolla yellowish-white ; capsule small, globose, much shorter than the linear unequal calyx-lobes ; bracts minute. — Margins of pine-barren ponds, Florida to South Carolina, and west- ward. June - Aug. — Stem 4' - 6' high. Leaves £' long. Corolla 5" long. 7. G. aurea, Muhl. Smooth ; stem decumbent, creeping, the flowering branches ascending, 4-anglcd ; leaves sessile, oblong-lanceolate, slightly serrate ; peduncles as long as the leaves, or the upper ones longer ; bracts as long as the calyx ; corolla bright yellow. — "Wet pine barrens in the lower districts of Georgia and South Carolina. April -June. — Stem l°-2° long. Leaves i'-l'long. Corolla 6" long. 8. G. officinalis, L. Smooth ; stem erect, 4-angled above ; leaves lance- olate, serrulate or entire, slightly clasping ; peduncles shorter than the leaves ; corolla pale yellow, striped with red, bearded with yellow hairs within ; capsule acute, as long as the calyx. — Swamps, in the Southern States, Leconte. — Stem 1° - 2° high. Corolla 8" - 10" long. * Connective of the anthers not dilated ; the cells vertical : stems rigid, hairy : flowers sessile : sterile stamens manifest. 9. G. pilosa, Michx. Hirsute; stem erect, simple or branching at the base ; leaves ovate or roundish, sparingly toothed, sessile or slightly clasp- ing ; corolla tubular, white, scarcely longer than the calyx. — Low ground, Florida to Mississippi, and northward. June -Aug. — Stem 8' -16' high. Leaves ^' long. .Corolla 4" long. 10. G. SUbulata, Baldwin. Shrubby, hispid ; stem much branched, mostly prostrate ; leave^ linear, entire, the margins revolute ; calyx-lobes sub- ulate, unequal ; corolla salver-shaped, somewhat persistent, the upper lip roundish, the lower 3-parted ; the slender curved tube three times as long as the calyx, hairy within ; lobes of the stigma emarginate ; capsule acute. — Low sandy pine barrens, Florida, near the coast. July - Sept. — Stem 3' - 6' loner. Leaves 3" - 6" long. Corolla 6" long. 25* 294 SCROPHULARIACE^E. (FIG WORT FAMILY.) 9. ILYSANTHES, Raf. Calyx 5-parted, bractless. Corolla bilabiate ; the upper lip short, erect, 2-cleft ; the lower larger, spreading, 3-cleft. Fertile stamens 2, included ; the two anterior ones sterile, 2-lobed, with one of the lobes tipped with a gland, the other smooth, acute. Capsule ovate or oblong, as long as the calyx. — Smooth annuals, growing in wet or muddy places. Stems 4-angled. Leaves opposite. Peduncles axillary, often reflexed in fruit. Flowers small, purplish. 1. I. grandiflora, Benth. Stem creeping, very leafy; leaves roundish, entire, nerveless, partly clasping ; peduncles 2-3 times as long as the leaves ; sterile stamens lobed at the middle. — In Georgia, Nuttali — Leaves 3" -4" long. Corolla larger than in the next. 2. I. gratioloides, Benth. Stem erect, at length diffusely branched; leaves lanceolate, oblong, or ovate ; the lowest narrowed into a petiole, the upper sessile, acute, obscurely toothed or entire ; lower peduncles mostly shorter than the leaves, the upper much longer, spreading ; corolla pale blue, twice as long as the calyx ; capsule, oblong, acute, scarcely longer than the calyx. (Lindernia dilatata and attenuata, Ell. Gratiola anagallidea, Michx. G. tetra- gona, Ell.?) — Springs and rivulets, common. May -Sept. — Stem 6' -12' long. Leaves %' - 1 ' long. Corolla 3" - 4" long. 3. I. refracta, Benth. Stem erect, very slender, forking ; radical leaves tufted, oblong, obtuse, entire, narrowed at the base ; the others remote, small, lanceolate, sessile ; peduncles filiform, many times longer than the leaves, re- flexed in fruit ; corolla pale blue variegated with purple ; capsule oblong-linear, twice as long as the calyx. (Lindernia monticola, Nutt.) — Springs and muddy banks of rivulets in the middle and upper districts, Mississippi to North Caro- lina. July - Sept. — Stem 6' - 12' high. Kadical leaves 1' long. Corolla 3" -4" long. 4. I. saxicola. Stems clustered, leafy, simple or sparingly branched; leaves oblong, entire, obtuse, sessile ; the radical ones densely tufted, narrowed into a petiole ; peduncles rather stout, 3-4 times as long as the leaves, widely spreading or reflexed in fruit ; corolla blue, variegated ; capsule ovoid, rather longer than the calyx. (Lindernia saxicola, M. A. Curtis.) — On rocks at Tolula Falls, Georgia, and Cherokee, North Carolina, Curtis. Aug. 1\|. ? — Stems 3' - 5' high. Stem-leaves 2" - 4" long. Corolla 4" long. 10. MICBANTHEMUM, Michx.^ Calyx 4-parted, or 4-cleft. Corolla somewhat bilabiate ; the upper lip shorter, entire ; the lower 3-lobed, with the middle lobe longer. Stamens 2, included ; the filaments with a gland-like appendage at the base : anther-cells diverging. Style short : stigma capitate. Capsule 2-valved, few-seeded ; the delicate partition vanishing at maturity. Seeds oblong, reticulate. — A small smooth perennial herb, with diffuse creeping stems, roundish opposite entire leaves, and minute nearly sessile axillary white flowers. SCROPHULARIACE^E. (FIGWORT FAMILY.) 295 1. M. orbiculatum, Michx. (M. cmarginatum, Ell. Hemianthus mi- cranthcmoidcs, Nutt. Hcrpestis micrantha, Ell. ? not of Pursh.) — Muddy banks, Florida to North Carolina, and westward. June - Oct. — Stem 6' -12' long. Leaves 3" - 5" long, sometimes emarginatc. Corolla not longer than the minute (£") calyx. 11. AMPHIANTHUS, Torr. Calyx 5-parted. Corolla somewhat funnel-shaped, 4-cleft; the upper and lower lobes rather longer. Stamens 2 : anther-cells distinct. Style minutely 2-clcft at the apex, acute. Capsule obcordate, compressed, loculicidal. Seeds oblong, rugulose. — A very small annual, with the linear obtuse leaves clustered at the summit of the short stem, and minute white flowers, some of which are borne on short naked recurved peduncles from the axils of the leaves, and others on a slender (!' long) terminal 2-bracted scape. 1. A. pusillus, Torr. — In shallow excavations of flat rocks, Newton County, Georgia, Dr. Leavenworth. March and April. 12. VERONICA, L. SPEEDWELL. Calyx 4 -5-parted. Corolla wheel-shaped, or salver-shaped, 4-5-lobed. Stamens 2, one each side of the upper lobe of the corolla. Stigma capitate. Capsule compressed and obcordate, or oblong and obtuse, septicidal or locu- licidal. Seeds few or many, flattened or concave on the inner face. — Chiefly herbs, with the stem-leaves opposite or whorled, the floral ones alternate. Flowers small, axillary, racemed or spiked, blue or white. * Leaves whorled : corolla tubular : capsule d)long. 1. V. Virginica, L. Perennial, smooth or pubescent; stem tall, erect; leaves 4-7 in a whorl, lanceolate, serrate, short-petioled ; flowers very numer- ous, crowded in axillary (whorled) and terminal spikes ; stamens long-exserted ; corolla white or purple. (Leptandra, Nutt.} — Mountain-meadows, Georgia, and northward. June - August. — Stem 2° - 4° high. Leaves 2' - 4' long. * * Stem-leaves opposite : corolla wheel-shaped : capsule obcordate. -»- Flowers in dense axillary racemes. 2. V. officinalis, L. Perennial, pubescent ; stem prostrate, rooting at the base ; leaves obovate-elliptical, or wedge-oblong, obtuse, serrate, short-petioled ; racemes alternate, many-flowered ; corolla blue. — Mountains of North Carolina, and northward. July. — Stem 6' - 1 2' long. Racemes 2' - 4' long. •i- •«- Flowers scattered, in leafy terminal racemes. 3. V. serpyllifolia, L. Perennial, smoothish ; stem ascending, diffusely branched ; leaves oval or roundish, crenate, short-petioled, the floral ones lance- olate and entire ; pedicels as long as the calyx ; corolla blue. — Low pastures in the upper districts. May - Sept. — Stem 4' - 6' long. Leaves 4" - 6" long. 4. V. peregrina, L. Annual, smooth; stem erect, simple or branched; leaves sessile, oblong, toothed ; the lowest narrowed into a petiole ; the floral 296 SCROPHULARIACE2E. (FIG WORT FAMILY.) ones entire ; peduncles shorter than the calyx ; corolla white, minute. — Cul- tivated ground, very common. April -June. — Stem 2' -12' high. Leaves 5. V. arvensis, L. Annual, hairy ; stems ascending, branched at the base ; leaves ovate, obtuse, crenatc, petioled ; the floral ones lanceolate, entire, sessile ; flowers nearly sessile ; corolla pale blue. — Cultivated ground. Intro- duced. May and June. — Stems £' - 12' high. Leaves 4" - 6" long. 6. V. agrestis, L. Annual, pubescent ; stems prostrate, diffusely branched ; leaves all petioled, ovate, coarsely serrate ; peduncles much longer than the calyx, recurved in fruit ; corolla blue, striate. — Cultivated ground. Intro- duced. Feb. -May. — Stem 6' -12' long. Leaves 6" -9" long. Fruiting calyx much enlarged. 13. CAPRAEIA, L. Calyx 5-parted, equal. Corolla bell-shaped, equally 5-lobed, smooth within. Stamens 4 - 5 : anthers sagittate. Style slender : stigma thick, ovate, at length 2-lobed. Capsule coriaceous, ovate, septicidally 2-valved, the valves 2-cleft at the apex. Seeds numerous, reticulate. — Perennial herbs, or shrubby plants. Leaves alternate, serrate. Peduncles axillary, single or by pairs, mostly 1- flowered. 1. C. biflora, L. Shrubby, smooth or pubescent; stem erect, branching ; leaves lanceolate or oblong, sharply serrate, narrowed and entire below the middle ; peduncles filiform, mostly by pairs, shorter than the leaves ; calyx- lobes linear ; corolla deeply 5-cleft ; stamens 5, included. — South Florida. Nov. — Stem 2° - 3° high. Leaves 1 ' - 1 £' long. Flowers white 1 14. SCOPARIA, L. Calyx 4 - 5-parted. Corolla wheel-form, 4-cleft, hairy in the throat. Sta- mens 4. Style club-shaped at the apex. Capsule septicidally 2-valved, the valves membranaceous, entire. Seeds numerous, reticulate. — Herbaceous or shrubby plants, with opposite or whorled leaves. Peduncles axillary, com- monly by pairs, 1 -flowered. 1. S. dulcis, L. Annual, smooth; leaves ovate or oblong, toothed, mostly three in a whorl, much longer than the peduncles ; calyx-lobes oblong ; flowers small, white. — South Florida. — Stem 1 ° - 3° high. Leaves £' - 1 £' long. 15. BUCHNERA, L. Calyx tubular, 5-toothed. Corolla salver-shaped, 5-lobed, the lobes wedge- obovate. Stamens 4, didynamous, included : anthers 1 -celled. Style simple, club-shaped at the apex. Capsule coriaceous, straight, loculicidally 2-valved, the valves entire. Seeds numerous, reticulate. — Rough herbs, turning black in withering. Leaves opposite, toothed or entire; the uppermost small, and passing into the bracts of the many-flowered spike. Flowers bjue. SCROPHULARIACE./E. (FIGWORT FAMILY.) 297 1. B. elongata, Swartz. Rough with short rigid hairs; stem mostly simple; leaves entire or slightly toothed, 1 -nerved, or obscurely 3-nerved; the lowest obovate or obovate-oblong, obtuse, the lower stem-leaves narrowly lanceolate ; the uppermost distant, acute ; spikes interrupted, long-peduncled ; flowers opposite or alternate. — Low pine barrens, Florida, Georgia, and west- ward. July and Aug. — Stem 1° - 2° high. Corolla 4" » 5'' long. 2. B. Americana, L. Very rough, with bristly hairs ; stem often branch- ing above ; leaves prominently 3-nerved, mostly toothed ; the lower ones oblong, obtuse, the others lanceolate, acute; calyx-teeth acuminate. — Low pine barrens, Florida to Mississippi, and northward. July and Aug. — Stem 2° - 3° high. Corolla 6'' -7" long. 16. SEYMEBJA, Pursh. Calyx 5-parted. Corolla bell-shaped, 5-lobed, the lobes oblong. Stamens 4, equal, the filaments woolly : anthers oblong, opening at the apex, awnless. Style simple, obtuse. Capsule ovate, flattened above, loculicidally 2-valved. Seeds numerous, covered by the loose hyaline testa. — Chiefly annuals. Stems erect, branching. Leaves opposite, pinnately divided. Flowers yellow, in ter- minal leafy-bracted racemes. 1. S. tenuifolia, Pursh. Smooth or nearly so ; stem with elongated erect-spreading branches ; leaves pinnate, the entire or lobed divisions filiform ; capsule smooth, acute at the base, shorter than the pedicel. — Low pine barrens, Florida to North Carolina, and westward. Aug. and Sept. — Stem 2° -4° high. 2. S. pectinata, Pursh. Viscid-pubescent ; stem with ascending branches ; leaves pinnatifid, the entire obtuse divisions oblong-linear; capsule hairy, obtuse at the base, as long as the pedicel. — Dry sandy soil, Florida to South Carolina, and westward- July - Sept. — Stem 6' - 18' high. 17. MACRANTHERA, Torr. Calyx 5-cleft, the lobes elongated. Corolla cylindrical, 5-toothed ; the teeth reflexed. Stamens 4, equal, long-exserted, woolly : anthers large, oblong, ap- proximate. Style simple, filiform, elongated : stigma minute, flat. Capsule ovate, loculicidally 2-valved, many-seeded. — A tall biennial, with pinnatifid opposite leaves, and showy orange-colored flowers, in terminal leafy racemes. 1. M. fuchsioides, Torr. Smoothish; stem branching, 4-sided ; earliest leaves ovate-oblong, entire ; those of the stem lyrate-pinnatifid, with the lobes denticulate ; the uppermost toothed-serrate ; pedicels slender, recurved, the upper ones longer than the floral leaves; flowers erect: calyx-lobes lanceolate, denticulate, rather shorter than the corolla. — Var. LECONTEI has the shorter and narrower lobes of the calyx entire. (M. Lecontei, Ton.) — Marshy banks of pine-barren streams, Georgia, Florida, and westward. Sept. and Oct. — Stem 3°-5° high. Earliest leaves 6' -8' long; those of the stem 2' -4' long. Co- rolla 9"- 12" long. — The plant turns black in drying. 298 SCROPHULARIACE^E. (FIGWORT FAMILY.) 18. OTOPHYLLA, Benth. Calyx deeply 5-cleft ; the lobes leafy, unequal. Tube of the corolla dilated upward, sparse-hairy within, the lobes broad and entire. Stamens 4, didyna- mous, included : anthers oblong, awnless ; those of the shorter stamens much smaller. Style elongated, dilated and flattened at the apex, entire. Capsule sub-globose, loculicidally 2-valved, many-seeded. 1. O. Michauxii, Benth. Hairy; stem erect, simple; leaves opposite, lanceolate, entire, sessile ; the upper ones mostly 2-eared at the base ; flowers opposite, in a leafy spike. (Gerardia auriculata, Michx.) — Low ground, Ten- nessee, North Carolina, and northward. Aug. © 1 — Stem rigid, 2° high. Leaves 1 ' - 2' long. Corolla 9" - 1 2" long, purple. 19. DASYSTOMA, Kaf. FALSE FOXGLOVE. Calyx bell-shaped, 5-cleft, the lobes often toothed. Corolla tubular-bell- shaped, woolly within, 5-lobed, the lobes rounded. Stamens 4, didynamous : anthers oblong ; the cells parallel and awned at the base. Style filiform, thick- ened and slightly 2-lobed at the apex. Capsule ovate, acute, loculicidally 2- valved, many-seeded. — Tall herbs, with opposite ovate or oblong mostly pin- nately divided or lobed leaves, and large yellow flowers in a leafy raceme. Fil- aments woolly. 1. D. pubescens, Benth. Pubescent; leaves oblong, obtuse, entire, or the lowest ones pinnatifid ; calyx longer than the pedicel, with oblong obtuse lobes. (Gerardia flava, L.) — Dry woods in the upper districts, Georgia, and northward. July - Sept. 1J. — Stem 2° - 4° high, mostly simple. Leaves narrowed into a short petiole. Corolla 1^' long. 2. D. quercifolia, Benth. Smooth and glaucous ; stem simple or branched ; lowest leaves twice-pinnatifid ; the others pinnatifid, or the uppermost lanceolate and entire ; calyx shorter than the pedicel, with lanceolate or subulate acute lobes. (Gerardia quercifolia, Pursh.) — Rich woods and river-banks, Florida to Mississippi, and northward. July - Sept. ty — Stem 3° - 6° high. Lobes of the leaves toothed. Corolla 2' long, the tube more slender and with smaller lobes than the preceding. 3. D. pedicularia, Benth. Smooth or somewhat pubescent; leaves ovate-lanceolate, pinnatifid ; the lobes finely toothed ; flowers opposite ; calyx shorter than the pedicel; the toothed lobes as long as the tube. (Gerardia pe- dicularia, L.) — Dry sandy soil, chiefly in the upper districts, Mississippi to North Carolina, and northward. July and Aug. — Stem 2° high, much branched. Leaves about 2' long, the lobes numerous and short. Corolla 12" -15" long, with a rather slender tube and short lobes. 4. D. pectinata, Benth. Pubescent or somewhat villous ; leaves lanceo- late or ovate-lanceolate, finely pinnatifid and toothed ; the earliest ones entire ; flowers alternate, scattered on the outside of the ascending branches ; calyx longer than the pedicel ; the pinnatifid lobes longer than the tube. — Dry sand- ridges in the pine barrens, Florida to North Carolina. Aug. and Sept. (2) — SCROPHULARIACE^E. (FIGWORT FAMILY.) 299 Stem 2° -4° high, widely branched. Corolla l£' long, with a wider tube and larger lobes than in No. 3. 20. GERARDIA, L. Calyx bell-shaped, 5-toothed ; the teeth short, acute, entire. Corolla tubular- bell-shaped, 5-lobed, the lobes rounded, spreading ; the throat oblique. Stamens 4, diclynamous, the longer ones commonly woolly : anthers woolly, connivent in pairs ; the cells diverging and pointed at the base. Style slender, dilated, and flattened upward. Capsule ovoid or globose, smooth, loculicidal. Seeds nu- merous, angled, reticulated. — Chiefly slender branching annuals. Leaves oppo- site, or rarely alternate, narrow, entire. Flowers in the axils of the upper leaves, showy, purple ; the tube of the corolla mostly dotted with red and yellow, often woolly at the throat. Perennial. 1. G. linifolia, Nutt. Smooth; branches elongated, erect; leaves erect, linear ; peduncles as long as the leaves, or the uppermost longer ; calyx truncate, with minute teeth ; lobes of the corolla nearly equal, fringed on the margins ; capsule large (3" wide), globose, one third longer than the calyx. — Low pine barrens, Florida to North Carolina, and westward. Sept. — Stem 2° -3° high. Leaves 1' long. Corolla 1' long, pubescent. * * Annuals. H- Corolla small, the 2 upper lobes short, truncate and erect. 2. G. divaricata, n. sp. Stem 6' -12' high, smooth, widely branched from the base ; leaves all opposite, spreading or reflexed, filiform, roughish on the margins, 1' long ; the uppermost minute ; pedicels all opposite, setaceous, spreading, the upper ones 4-5 times as long as the leaves ; calyx-teeth subulate, one third as long as the tube ; corolla £' long, the lobes ciliate ; capsule ovoid, twice as long as the calyx. — Low sandy pine barrens. West Florida. Sept. 3. G. filicaulis. Stem 6'- 12' long, filiform, reclining, smooth and glau- cous ; branches alternate, setaceous; leaves minute, 1" long, subulate, rough; flowers few, terminal ; calyx-teeth triangular, one fourth the length of the tube ; corolla 4" - 5" long, compressed, the lobes slightly fringed ; capsule globose, one third longer than the calyx. (G. aphylla, var. filicaulis, Benth.?) — Low grassy pine barrens, West Florida. Sept. t- •«- Lobes of the corolla nearly equal, spreading. •w- Pedicels as long, or twice as long, as the calyx, shorter than the leaves. 4. G. aphylla, Nutt. Stem 2° -3° high, smooth, 4-angled, sparingly branched near the summit; leaves minute, l"long, subulate, appressed; flowers mostly alternate, on one side of the spreading branches ; pedicel as long as the calyx ; calyx-teeth minute, obtuse ; corolla £' long, hairy within, the upper lobes reflexed ; capsule globose, 2" long, twice as long as the calyx. — Low sandy pine barrens, Florida to North Carolina, and westward. Sept. 5. G. purpurea, L. Stem l°-3° high, smooth, the branches elongated j leaves opposite, broadly or narrowly linear, rough above, 1'- l£' long; flowers opposite or nearly so, the stout pedicels as long as the calyx ; calyx-teeth con- 300 SCROPHULARIACE.E. (FIGWORT FAMILY.) -10" long, the lobes minutely fiinged; capsule globose, one third longer than the calyx. — Low ground, Florida to Mississippi, and northward. Sept. Var. fasciculata. Stem taller (3° -5°), much branched above, rough; leaves rough on both sides, clustered, the uppermost, like the flowers, alternate ; calyx-teeth more pointed ; corolla larger. ( G. fasciculata, Ell.} — Brackish soil, along the coast, Florida to South Carolina. 6. G. maritima, Raf. Smooth; stem 8' -16' high, 4-angled, with numer- ous short and leafy branches near the base ; leaves fleshy, linear, obtuse, oppo- site, the upper ones small and remote ; pedicels as long as the calyx and the floral leaves ; calyx-teeth short, obtuse ; corolla 6" - 8"- long, slightly oblique at the throat, the upper lobes fringed, and villous within ; capsule globose, twice as long as the calyx. — Salt marshes, Florida, and northward. Var. major. Stem 2° high, much branched ; leaves flat, acute ; floral leaves longer than the pedicels ; calyx-teeth triangular, acute ; corolla and capsule larger. — Brackish marshes, Apalachicola, Florida. — Corolla 1' long. 7. G. setacea, Ell. Very smooth; stem l°-2° high, much branched, slender ; leaves 1' long, setaceous, opposite ; pedicels stout, club-shaped, three times as 'long as the calyx, mostly alternate, or terminating the seta- ceous peduncle-like branchlets ; calyx-teeth short, subulate ; corolla 1 ' long, woolly within, the rounded lobes thickly fringed ; capsule ovoid, barely ex- ceeding the calyx. (G. Plukenetii, Ell. ?) — Damp or dry sandy pine barrens, Florida to South Carolina. Sept. •w- -M- Pedicels much longer than the calyx, commonly longer than the leaves. 8. G. tenuifolia, Vahl. Stem smooth, l°-l£° high, much branched; leaves linear, smooth, or rough on the margins, 1'- l£' long; pedicels filiform, about as long as the leaves, opposite ; calyx-teeth broadly subulate, ^ as long as the tube ; corolla ^' long ; capsule globose, as long as the calyx, — Var. FILI- FORMIS. Stem and pedicels rough ; leaves filiform, clustered ; corolla larger (I' long). — Light soil, Florida to Mississippi, and northward. Sept. 9. G. filifolia, Nutt. Stem 1° - 2° high, much branched, smooth ; leaves very numerous, all alternate and clustered, smooth, fleshy and somewhat club- shaped ; pedicels alternate, twice as long as the leaves ; calyx-teeth subulate, one fourth the length of the 5-angled tube ; corolla \|' long ; capsule ovoid, as long as the calyx. — Low sandy pine barrens, Georgia and Florida. Sept. 10. G. parvifolia. Stem rough, striate, 12' -18' high, the slender branches erect; leaves 4" -6" long, opposite or alternate, linear, very rough, rather ob- tuse; pedicels filiform, 2-4 times as long as the minute floral leaves; calyx- teeth minute, obtuse; corolla £' long, pale purple or white. (G. setacea, var. parvifolia, Benth.?) — Grassy margins of ponds, Florida, and westward. Sept. — Unlike the other species, this remains unchanged in drying. 21. CASTILLEIA, L. Calyx tubular, compressed, cleft at the summit ; the lobes entire or 2-cleft. Tube of the corolla included in the calyx ; the upper lip long, narrow, curved, SCROPHULARIACE^. (FIGWORT FAMILY.) 301 laterally compressed, and enclosing the four didynamous stamens ; the lower lip short, 3-lobed : anther-cells oblong-linear, unequal ; the outer one fixed by the middle, the inner pendulous. Capsule loculicidal, many-seeded. — Herbs, with alternate entire or incisely-lobed leaves, the uppermost colored. Flowers in leafy spikes or racemes. 1. C. COCCinea, Spreng. Stem hairy; radical leaves clustered, nearly entire ; those of the stem pinnatifid, with the lobes linear ; the floral ones 3- fbbed, bright scarlet at the summit; corolla greenish-yellow. — Damp soil in the upper districts. June - Aug. (2) — Stem 1 ° - 1 £° high. 22. SCHWALBEA, L. Calyx tubular, oblique, 10- 12-ribbed, 4-toothed, the upper tooth very small, the lowest elongated, 2-cleft. Corolla bilabiate ; the upper lip oblong, arched, enclosing the four didynamous stamens; the lower rather shorter, obtusely 3-lobed : anther-cells parallel, equal. Capsule oblong, acute, loculicidally 2-valved, many-seeded. 1. S. Americana, L. — Sandy pine barrens, Florida .to Mississippi, and northward. May and June. 1J. — Stem simple, 1° - 1£° high, pubescent. Leaves alternate, lanceolate, entire, sessile; the lower ones oblong, the uppermost linear, small. Flowers in a spiked raceme. Corolla 1' long, yellow and purple. 23. PEDICULARIS, L. Calyx tubular, more or less cleft at the apex, variously 2 - 5-toothcd. Corolla bilabiate ; the upper lip compressed, curved and bearded at the apex, enclosing the 4 didynamous stamens; the lower lip 2-crcsted above, 3-lobed, with the lateral lobes larger and rounded : anthers transverse. Capsule ovate or lanceo- late, compressed, the upper portion empty. — Herbs, with finely and pinnately divided leaves. Flowers in leafy racemes or spikes. 1. P. Canadensis, L. Stem simple, hairy (6' -9' high); leaves alter- nate, smooth, oblong or lanceolate, pinnatifid ; the lobes oblong, simply or doubly crenate ; spike dense, capitate, elongated in fruit ; corolla pale yellow and purple ; the upper lip hooked, 2-awned under the apex ; capsule lanceolate, exsertcd. — Shady woods and banks, Florida to Mississippi, and northward. March and April. 1J. — Stem bearing slender leafy and rooting runners. Fruit- ing spike 3' -5' long. 2. P. lanceolata, Michx. Stem tall (l°-3°), smooth, simple or spar- ingly branched ; leaves nearly opposite, lanceolate, pinnately toothed, the teeth crenate ; spike dense ; corolla pale yellow, the upper lip curved, awnless, the lower erect ; capsule ovate, scarcely exserted. — Swamps on the mountains of North Carolina, and northward. Aug. and Sept. 24. MELAMPYRUM, Tourn. Calyx bell-shaped, with 4 subulate teeth. Corolla bilabiate ; the tube dilated above ; the upper lip short, compressed, obtuse, straight ; the lower rather longer, 26 302 ACANTHACEJE. (ACANTHUS FAMILY.) spreading, biconvex, with three short lobes. Stamens 4, didynamous, under the upper lip : anthers approximate, oblong, hairy ; the cells nearly equal, slightly pointed at the base. Ovary with 2 ovules in each cell. Capsule compressed, oblique, loculicidally 2-valved, 1 - 4-seeded. — Annual herbs, with opposite lan- ceolate or linear leaves, and solitary axillary flowers. 1. M. Americanum, Michx. Stem naked below, leafy and commonly branched above the middle ; leaves lanceolate, entire, short-petioled ; the upper ones broader and sharply toothed at the base ; flowers greenish-yellow. — Dry woods along the mountains, Georgia, and northward. Aug. — Stem 6' -12' high. Leaves 2' long. Flowers 4" - 5" long. ORDER 92. ACANTHACE^E. (ACANTHUS FAMILY.) Chiefly herbs, with opposite (rarely alternate or clustered) undivided exstipulate leaves, and bracted, often showy flowers. — Calyx 5-parted. Corolla more or less bilabiate, 5-lobed, twisted in the bud. Fertile sta- mens 2 or 4, inserted on the tube of the corolla: anthers 2-celled. Ovary free. Style single : stigma entire or 2-lobed. Capsule loculici- dally 2-valved, 2-celled, 4 - several-seeded, opening elastically. Seeds anatropous, flat, rounded, without albumen, mostly supported by curved appendages of the placentae. Radicle inferior. — Stems commonly swol- len between the joints. Synopsis* * Capsule oblong, bearing the seeds at the base. Appendages of the placentae none. 1. ELYTRARIA. Spike borne on a closely-bracted scape. Leaves radical. * * Capsule club-shaped, bearing the seeds above the base, appendaged. 2. DIPTERACANTHUS. Corolla nearly regular. Stamens 4. Flowers axillary, solitary clustered. • 3. DIANTHERA. Corolla bilabiate. Stamens 2. Cells of the anthers placed one lower than the other.' Flowers in long-peduncled axillary spikes. 4. DICLIPTERA. Corolla bilabiate, resupinate. Stamens 2. Cells of the anthers placed one behind the other. Flowers in leafy -bracted heads or clusters. 1. ELYTEABIA, Vahl. Calyx 4 -5-parted, the lateral lobes narrower. Corolla salver-shaped bilabiate, 5-lobed. Fertile stamens 2, the 2 anterior ones sterile : anther-eel parallel. Stigma 2-cleft. Capsule sessile, about 8-seeded ; the seeds fixed ne* the base of the capsule, without appendages. — Low herbs. Leaves all radic clustered. Scape covered with imbricated bracts. Flowers spiked, 2-bracted. 1. E. virgata, Michx. Leaves oval or oblong, narrowed downwar entire or wavy on the margins, smooth or pubescent; bracts of the scape alternate, rigid, lanceolate, acuminate, clasping; those of the spike ovate; corolla white, salver-shaped, the lobes nearly equal ; capsule cylindrical. — Banks of rivers, Florida to South Carolina. Aug. 1J. — Scapes 6'- 12' high. Leaves 2' - 4' long. ACANTHACE.E. (ACANTHUS FAMILY.) 303 Nfv 2. DIPTERACANTHUS, Nees. Calyx 2-bracted, 5-parted, with linear or bristle-like lobes. Corolla funnel- shaped, 5-lobed; the lobes equal, rounded. Stamens 4, didynamous, included : anthers sagittate. Style simple, or 2-cleft at the apex. Capsule narrowed below the middle, flattened contrary to the partition, 4 - 12-seeded. Seeds borne above the middle, supported by curved appendages of the placentas. — Perennial herbs, with tumid joints, entire opposite leaves, and axillary solitary or clustered nearly sessile flowers. Corolla white, blue, or purple. § 1. CALOPHANES. — Anther-cells pointed at the base: style simple: capsule i-seeded. 1. D. Oblongifolius. Pubescent and somewhat hoary; stem 4-angled, erect from a creeping base, simple or sparingly branched ; leaves nearly sessile, oval or obovate, obtuse, the upper ones narrower and often acute ; flowers soli- tary or 2 - 3 in a cluster ; calyx-lobes subulate-setaceous, as long as the oblong bracts, and tube of the spotted purple corolla. (Ruellia oblongifolia, Michx.) — Dry sandy pine barrens, Florida to South Carolina, and westward. June- August. — Stem 6' -12' high. Leaves £'-!' long. Corolla 1' long, rather exceeding the leaves. 2. D. riparius, n. sp. Stem minutely pubescent, erect from a creeping base, simple, slender ; leaves smooth, membranaceous, oblong, obtuse, slightly crenate, tapering into a long and slender petiole ; flowers clustered, sessile ; calyx-lobes subulate-setaceous, shorter than the spatulate-oblong bracts ; corolla white, 3-4 times shorter than the leaves. — Shady banks of Little River, Middle Florida. June and July. — Stems l°-l£° high. Leaves !'-!£' long. Co- rolla £' long. 3. D. humistratus. Stem smooth, diffuse, creeping ; leaves oblong-oval, entire, narrowed into a petiole ; flowers nearly sessile, solitary or 2 - 3 in a clus- ter ; bracts oblong-spatulate, shorter than the setaceous calyx-lobes ; capsule lanceolate, smooth. (Ruellia humistrata, Mchx.) — Grassy places, Florida to South Carolina. — Plant small. Leaves £' long. 4. D. linearis, Torr. & Gray. Small, rough-pubescent; stem prostrate, diffuse, very leafy ; leaves oblong-linear, entire, narrowed toward the base, ob- tuse ; calyx-lobes setaceous, hairy ; bracts similar to the leaves ; capsule oblong, 4-angled, at length 4-valved, 2 - 4-seeded. — South Florida. — Stem 6' long. Leaves 4" -6" long. $ 2. DIPTERACANTHUS. — Anther-cells pointless : style 2-clejt at the apex : capsule 8 -12-seeded. 5. D. ciliosus, Nees. Hirsute with white hairs ; leaves oval or ovate- oblong, nearly sessile ; flowers solitary or 2-3 in a cluster; tube of the corolla twice as long as the setaceous calyx-lobes, and much longer than the short funnel-shaped throat; capsule smooth. (Ruellia ciliosa and R. hybrida, Pursli.) — Dry soil, Georgia, near Savannah, Pursh., and westward. July and Aug. — Stem varying from a few inches to 3° high. Leaves l'-2' long. Corolla 2' long, pale blue. 304 ACANTHACEJE. (ACANTHUS FAMILY,) 6. D. Strepens, Nees. Smooth, pubescent, or hairy ; leaves varying from lanceolate to orbicular, mostly narrowed into a petiole ; flowers sessile or pedun- cled ; tube of the corolla barely longer than the linear or linear-lanceolate hairy calyx-lobes, and about the length of the funnel-shaped throat ; capsule smooth. (Ruellia strepens, L.) — Diy rich soil, Florida, and northward. June - Sept. — Stem 2' -3° high. Leaves l'-4' long. Corolla l'-2' long, blue or purple. A polymorphous species. Later flowers sometimes fruiting in the bud. 7. D. noctiflorus, Nees. Closely pubescent ; stem simple, rigid ; leaves oblong or lanceolate, sessile, entire or slightly toothed ; flowers solitary, pedun- cled ; corolla large ; the elongated tube twice as long as the linear hairy calyx- lobes ; capsule pubescent. — Low grassy pine barrens, Florida, Georgia, and westward. July and Aug. — Stem 1° high. Corolla 2' -4' long, white. 3. DIANTHEBA, Gronov. Calyx 5-parted. Corolla bilabiate ; the upper lip emarginate ; the lower 3- lobed, rugose or veiny in the middle, spreading. Stamens 2 : anther-cells sep- arated, one placed lower down than the other. Stigma simple, acute. Capsule flattened, narrowed downward, bearing the seeds above the middle. Seeds mostly 4, supported by the appendages of the placenta. — Perennial smooth herbs, with opposite entire leaves, and short-bracted mostly alternate flowers in long-peduncled axillary spikes. 1. D. Americana, L. Stem tall, angled ; leaves long, linear-lanceolate ; spikes oblong, dense or somewhat capitate, on peduncles as long as the leaves. (Justicia ensifonnis, Ell.? J. pedunculosa, Michx.) — In slow-flowing streams, South Carolina, and northward. July and Aug. — Stem 2° high. Leaves and peduncles 4' -6' long. Spike ^' long. Flowers pale purple. 2. D. OVata, "Walt. Stem low (4' - 8' high), 4-angled ; leaves ovate-lance- olate, rather acute, narrowed into a short petiole ; the lowest small, lanceolate ; spikes 3 - 4-flowered, on simple peduncles shorter than the leaves ; corolla small, pale purple, the lower lip striped with deeper lines. (Justicia humilis, Michx.) — Muddy banks of streams, Florida to South Carolina. — Leaves 2' -4' long, 1'- \# wide. Var. lanceolata. Stem taller (l°-l£°); leaves smaller, lanceolate, acu- minate, nearly sessile ; peduncles longer than the leaves ; spikes many-flowered, 1-sided, often branching. — River-banks, Florida. July. Var. ? angusta. Leaves linear or linear-lanceolate, reflexed, the lower ones very remote; peduncles as long as the leaves; spikes several-flowered, the lower flowers often opposite. — Pine-barren ponds, Florida. May. — Stem 1° high. Leaves 1' - 2' long. Corolla 4" - 5" long. 3. D. crassifolia, n. sp. Stem rigid, angled ; leaves fleshy, linear, chan- nelled, acute ; the lower distant, small and obtuse ; peduncles stout, erect, longer than the leaves, exceeding the stem ; spike few-flowered ; corolla large, bright purple ; the lower lip striped with deeper lines ; capsule 2-seeded ; seeds circular, smooth. — "Wet pine barrens, Apalachicola, Florida. April and May. — Stem 6' - 12' high. Leaves 4' - 6' long. Peduncles 4' - 9' long. Corolla and capsule 1' long. VERBENACEJL. (VERVAIN FAMILY.) 305 4. DICLIPTEBA, Juss. Calyx 5-parted, mostly leafy-bracted. Corolla bilabiate, mostly reversed ; tho lower lip 3-lobed ; the upper 2-cleft or entire. Stamens 2 : anther-cells equal, one placed behind tho other. Capsule oblong or oval, bearing 2 or 4 seeds be- low the middle ; the partitions at length free from the valves. — Herbs, with sim- ple leaves, and purple, scarlet, or white flowers in axillary and terminal heads or spike-like cymes. 1. D. brachiata, Spreng. Smooth or nearly so; stem 6-angled, with numerous spreading branches ; leaves thin, oblong-ovate, acuminate, abruptly contracted into a long and slender petiole; spikes solitary or 2-3 together, interrupted, unequal ; bracts oblong, mucronate, narrowed at the base, at length inflated ; corolla small, purple. (Justicia brachiata, Pursh.) — River-banks, Florida to North Carolina. July and Aug. — Stem 1° - 2° high. 2. D. Halei, Riddell. Stem tomentose, mostly simple ; leaves ovate-lan- ceolate, acuminate but rather obtuse, tapering into a petiole, sprinkled on the upper surface and veins beneath with very short hairs ; the lower ones smaller and obtuse; spikes axillary and terminal, short-peduncled, leafy at the base, compact, few-flowered; bracts oblong or oval, mucronate, short-stalked, and, like the linear-spatulate bracteoles, and subulate calyx-lobes, fringed with long hairs; capsule oval, 4-seeded. (Justicia Isetevirens, Buckley? Rhytoglossa viridiflora, Nees.) —Shady banks of rivers, Florida, and westward. June- September. — Stem £°-2° high. Leaves 2' - 4' long. Corolla 4" -5" long, white. 3. D. assurgens, Juss. Smooth or minutely pubescent; stem angled, much branched ; leaves elliptical, acute, on slender petioles ; flowers mostly single, scattered in 1 -sided spike-like cymes ; bracts small, unequal, the interior ones subulate, the exterior larger and somewhat spatulate ; calyx-lobes subulate, unequal ; corolla (scarlet) curved, nearly equally 2-lipped ; the upper lip entire, the lower minutely 3-toothed ; anthers slightly exscrted ; style hair-like, elon- gated. — South Florida. — Stem 1° - 2° high. Leaves 1' - 2' long. Corolla 9" - 12" long. • ORDER 93. VERBENACEJE. (VERVAIN FAMILY.) Chiefly herbs or shrubs, with 4-angled mostly rough stems, and oppo- site and exstipulate leaves. Flowers spiked, capitate, or cymose. — Ca- lyx 4 - 5-cleft or parted, free. Corolla regular and salver-shaped, or more or less bilabiate, 4 - 5-lobed. Stamens 4-5, inserted on the tube of the corolla : anthers 2-celled. Ovary entire, 1 - 8-celled, with 1 or (in Avi- cennia) 2 ovules in each cell. Style simple, terminal. Fruit dry or bac- cate, 1 - 8-celled, commonly separable into as many 1-seeded indehiscent nutlets. Albumen scarce or none. Embryo straight. 26* 306 VERBENACEuE. (VERVAIN FAMILY.) Synopsis. TRIBE I. VERBENE.33. — Ovule solitary, erect from the base of the cell, anatropous. Radicle pointing downward. Flowers in spikes or heads. * Herbs. Fruit dry. 1. PRIVA. Stamens 4. Fruit of 2 two-celled nutlets, enclosed in the inflated calyx. 2. VERBENA. Stamens 4. Fruit of 4 one-celled nutlets. Fruiting calyx not inflated. 3. STACHYTARPHA. Stamens 2. Fruit of 2 one-celled nutlets, imbedded in excavations of the thickened rachis. 4. LIPPIA. Stamens 4. Fruit of 2 one-celled nutlets. Flowers capitate. * * Shrubs. Fruit fleshy or pulpy. 5. LANTANA. Fruit of 2 one-celled nutlets. Flowers capitate. 6. CITHAREXYLUM. Fruit of 2 two-celled nutlets surrounded by the cup-shaped calyx. Flowers spiked. 7. DURANTA. Fruit of 4 two-celled nutlets enclosed in the beaked calyx. TRIBE II. VITE.S2. — Ovule solitary, suspended from the inner angle of the cell, am- phitropous. Radicle pointing downward. Flowers in cymes. Fruit baccate. 8. CALLICARPA. Fruit of 4 separate 1-celled nutlets. Shrubs. TRIBE III. A VICENNI.2E. — Ovules by pairs, suspended from the apex of the cell, amphitropous. Radicle pointing downward. Flowers in imbricated spikes or heads. Fruit capsular. 9. AVICENNIA. Embryo large, germinating within the capsule. Trees. TRIBE IV. PHRYME^E. — Ovule solitary, erect from the base of the 1-celled ovary, orthotropous. Radicle pointing upward. Cotyledons convolute around their axis. Flowers in elongated slender spikes. Fruit a caryopsis. 10. PHRYMA. Corolla bilabiate. Stamens 4, didynamous. Fruit reflexed. 1. PRIVA, Adans. Calyx tubular, 5-toothed. Corolla salver-shaped, 5-cleft. Stamens 4, didy- namous, included. Ovary 4-celled. Style persistent. Fruit dry, separating into two 2-celled spiny-angled nutlets, and included in the inflated membrana- ceous calyx. — Perennial herbs, with serrate petioled undivided leaves, and mi- nute flowers in a loose slender spike. 1. P. echinata, Juss. Smooth or hispid ; stem branching ; leaves cordate- ovate, acute, coarsely sen-ate; flowers alternate; fruiting calyx bristly with hooAd hairs, ovoid ; fruit ovate, 4-angled, the angles armed with tubercular spines, pointed by the persistent bent style. — South Florida. — Leaves l'-2' long. Spikes 6' - 9' long, terminal and in the forks of the stem. 2. VERBENA, L. VERVAIN. Calyx tubular, 5-ribbed, 5-toothed. Corolla salver-shaped, bearded in the throat ; the limb somewhat bilabiate, 5-lobed. Stamens 4, didynamous, included. Stigma 2-lobed. Ovary 4-celled. Fruit of 4 separate 1 -seeded nutlets. — Herbs, with serrate or pinnately divided leaves, and mostly small flowers in lengthen- ing slender spikes. VERBENACEJ3. (VERVAIN FAMILY.) 307 * Anthers of the longer stamens tipped with a gland-like appendage : flowers showy. 1. V. Aubletia, L. Hairy; stem creeping at the base, ascending, fork- ing ; leaves ovate-oblong, 3-cleft, with the lobes toothed, narrowed into a slender petiole ; the lower ones smaller, rounded, toothed ; spikes terminal and in the forks of the stem, long-peduncled, closely flowered ; calyx long, slender, the unequal teeth subulate ; corolla showy, purple. — Dry light soil, Florida to South Carolina, and westward. May- August. — Stem 6'- 12' high. Corolla i' long. * * Anthers without appendages : flowers small. •«- Leaves undivided. 2. V. urticifolia, L. Rough-hairy ; stem tall, branching ; leaves ovate- oblong, acute or acuminate, mucronate-serrate, contracted at the base into a long petiole ; spikes very long, filiform, axillary and terminal ; flowers minute, white or pale blue. — Low ground, Florida to Mississippi, and northward. Aug. - Oct. — Stem 2° - 5° high. Leaves very rough, 2' - 6' long. 3. V. hastata, L. Rough-hairy ; stem branching ; leaves oblong-lanceo- late, acuminate, coarsely and sharply serrate, tapering into a long petiole ; the lowest broader, and often hastate-lobed at the base ; spikes linear, short, close- flowered; flowers violet. (V. paniculata, Lam.) — Low ground, in the upper districts, Mississippi, and northward. July - Sept. — Stem 2° - 3° high. Flowers larger than in No. 2. % 4. V. angustifolia, Michx. Rough-hairy ; stem simple or branched above; leaves lanceolate or linear-lanceolate, rather obtuse, coarsely serrate, tapering from near the apex to the sessile base ; spikes linear, terminal, close- flowered ; flowers purple. — Dry woods, Florida to Mississippi, and northward. July -Sept. — Stem 6' -12' high. Flowering spikes 2' -3' long. 5. V. Caroliniana, Michx. Rough with short rigid hairs ; stem simple, ascending ; leaves oblong, or the lowest oblong-obovatd, acute or obtuse, sharply and doubly serrate, entire toward the narrowed base, sessile ; spikes 1-3, elon- gated ; flowers flesh-color. — Dry pine barrens, Florida to South Carolina, and westward. Aug. — Stem 4' -6' high, shorter than the spikes. Leaves l'-2' long. Nutlets tardily separating. •H- -»- Leaves pinnatifid. 6. V. officinalis, L. Stem smoothish, erect, branching ; leaves lanceo- late or oblong, pinnately lobed or toothed, narrowed and entire near the base, sessile, pubescent beneath ; spikes linear or filiform, panicled ; bracts shorter than the calyx ; flowers purple. (V. spuria, L.) — Waste ground, chiefly in the upper districts. Introduced. July and Aug. — Stem 1° - 3° high. 7. V. canescens, Kunth ? Hirsute and hoary ; stems numerous, pros- trate, diffuse ; leaves small, pinnately toothed or lobed, oblong, narrowed into a petiole ; spikes terminal, dense ; bracts linear, entire, spreading, much longer than the flowers, the lower ones recurved ; flowers purple. — Streets of Apa- lachicola, Florida, and along the Central Railroad in the middle districts of Georgia. Aug. — Stems 4' - 6' long. Spikes 3' - 6' long. Leaves 6'' - 9" long. 308 VERBENACE^E. (VERVAIN FAMILY.) 3. STACHYTARPHA, Vahl. Calyx tubular, compressed, 5-toothed. Corolla salver-shaped, 5-cleft, hairy in the throat. Stamens 4, didynamous, the upper pair sterile. Ovary 2-celled. Stigma capitate. Fruit of two 1 -celled 1 -seeded nutlets. — Herbs or shrubs, with 4-angled forking stems, and opposite undivided leaves. Flowers in straight and rigid spikes, imbedded in excavations of the thickened rachis, and covered by the imbricated bracts. 1. S. Jamaicensis, Vahl. Herbaceous, smoothish; stems ascending; leaves oblong, coarsely serrate, tapering into a slender margined petiole ; spikes linear, terete, elongated ; bracts lanceolate, acuminate, appressed, with scarious rough margins; flowers small, blue. — South Florida. — Leaves 2' -4' long. Spikes 8' -12' long. 4. LIPPIA, L. Calyx tubular, membranaceous, 2 - 4-toothed. Corolla tubular-funnel-shaped, somewhat bilabiate. 5-cleft. Stamens 4, didynamous, included. Ovary 2-celled, 2-ovuled. Style short : stigma obliquely capitate. Fruit of two 1 -seeded sepa- rable nutlets. — Herbs, with 4-angled stems, opposite or whorled simple leaves, and small flowers in dense spikes or heads. 1. L. nodiflora, Michx. Stem creeping, finely pubescent, the flowering branches erect ; leaves obovate, oblong, or lanceolate, rough, tapering and entire below the middle, serrate above ; heads dense, globose in flower, oblong or cylindrical in fruit, on axillary peduncles which are 2-3 times as long as the leaves; flowers white or purple. (Zapania nodiflora, Lam.}— Damp sandy soil near the coast, Florida to Mississippi, and northward. May - Sept. — Flowering stems 6'- 12' high. Leaves 1' long. 5. LANTANA, L. Calyx minute, slightly 4-toothed. Corolla bilabiate ; the upper lip notched or entire ; the lower 3-lobed. Stamens 4, didynamous, included. Style short : stigma oblique. Fruit fleshy or berry-like, of two mostly rugose or tuberculate 1-seeded nutlets, enclosed in the enlarged membranaceous calyx. — Shrubs,. with simple rugose serrate leaves, and axillary peduncled capitate bracted flowers. 1. L. involucrata, L. Var. Floridana. Stem much branched, pu- bescent; leaves small (£'- 1'), oval or obovate, crenate, rounded at the apex, densely pubescent when young, at length rough above, contracted into a slender petiole ; peduncles 2-3 times as long as the leaves, the upper ones corymbose ; heads small; bracts ovate, as long as the tube of the small (2" -3") white? corolla ; the outer ones empty and narrower, involucrate. — South Florida. 2. L. Camara, L. Stem pubescent, hirsute, or spiny; leaves ovate- oblong, acuminate, crenate, short-petioled, very rough above, pubescent beneath; peduncles as long as the leaves ; bracts lanceolate, half as long as the tube of the yellow corolla; involucre none. — St. Mary's, Georgia, Elliott, June -Nov. — Shrub 2° - 4° high. Leaves 2' long. VERBENACE^E. (VERVAIN FAMILY.) 309 6. CITHAREXYLTJM, L. Calyx cup-shaped or somewhat tubular, slightly 5-toothed. Corolla salver- shaped, 5-lobcd, the throat pubescent. Stamens 4-5, included : anthers sagit- tate. Ovary 4-celled. Style thickened upward : stigma notched. Drupe juicy, of two 2-seeded bony nutlets, partly included in the enlarged indurated calyx. — Trees or shrubs, with entire mostly glandular-petioled leaves, and small flowers in slender spikes or racemes. 1. C. villosum, Jacq. Branches 4-angled, hairy or tomcntose ; leaves somewhat coriaceous, oblong or oblong-obovatc, obtuse, entire, tomcntose and pale beneath, roughened and shining above, narrowed into a short biglandular petiole ; spikes declining, loose-flowered ; corolla smooth externally, the tube as long as the calyx, the lobes rounded or notched ; stamens 4 ; drupe globose, half included in the enlarged calyx. — South Florida. — Leaves 2' - 5' long. Spikes 2' - 4' long. Corolla 2" long. Drupe 4" in diameter. 7. DUBANTA, L. Calyx tubular, 5-ribbed, 5-toothed. Corolla somewhat bilabiate, pubescent in the throat ; the upper lip 2-lobed ; the lower 3-lobed. Stamens 4, included. Ovary 8-celled. Style short : stigma oblique. Drupe baccate, of four 2-seeded bony nutlets, included in the enlarged beak-pointed calyx. — Shrubs. Leaves opposite or whorled, entire, dotted. Flowers showy, in axillary and terminal racemes. 1 . D. Plumieri, Jacq. Spineless or spiny ; branches and racemes pubes- cent; leaves oblong or obovate, obtuse, entire, or serrate near the apex, tapering into a slender petiole ; racemes curving, loose-flowered ; lower bracts leafy ; drupe globose. — South Florida. — Leaves 1'- 2' long. Corolla 5" long, lilac. Drupe yellow. 8. CALLICABPA, L. FRENCH MULBERRY. Calyx small, cup-shaped, 4-toothed. Corolla funnel-shaped, 4-cleft. Sta- mens 4, equal, exserted. Ovary 4-celled. Style slender; stigma capitate. Drupe baccate, of four separate 1 -seeded nutlets. — Shrubs, with a glandular or scurfy mostly stellate pubescence. Leaves opposite, undivided, serrate, petioled. Flowers in axillary forked cymes. 1. C. Americana, L. Branches and leaves scurfy ; leaves ovate-oblong, acute at each end, crenate-serrate, rough above, hoary beneath, becoming smooth- ish ; cymes many-flowered, as long as the petioles ; corolla blue ; drupe purple. — Dry open woods, Florida to North Carolina, and west to Mississippi. June and July. — Shrub 3° - 8° high. Leaves 4' - 6' long. 9. AVICENNIA, L. Calyx of 5 imbricated concave sepals. Corolla bell-shaped, 5-lobed. Sta- mens 4, equal, exserted : anthers 2-celled. Ovary 2-celled, with two collateral amphitropous suspended ovules in each cell. Style short or none. Capsule 310 LABIATJE. (MINT FAMILY.) ovate, coriaceous, indehiscent. Embryo large, naked, germinating within the capsule. — Low evergreen trees, with extensively creeping roots, forming impen- etrable thickets on the muddy shores of the sea. Leaves opposite, entire, smooth above, hoary and velvety beneath. Flowers in dense heads, on axillary and terminal peduncles. 1. A. Oblongifolia, Nutt. ? Tomentose throughout, except the upper surface of the rigid oblong obtuse short-petioled leaves ; peduncles three together, terminal, shorter than the leaves ; heads oval ; sepals and bracts orbicular ; co- rolla tomentose on both sides ; style exserted. — Key West. Oct. — Branches terete. Leaves 2' -3' long. Peduncles 4-angled. Heads £' long. Corolla 3" long. 2. A. tomentosa, Jacq. Leaves obovate-elliptical, very obtuse, tapering into a petiole, smooth above, white-tomentose beneath ; spikes short, the lower flowers mostly scattered ; corolla-lobes truncate, silky below, smooth above ; stigma nearly sessile. — South Florida. NuttaU. — Leaves 3' long. Corolla white. 10. PHBYMA, L. LOPSEED. Calyx tubular, bilabiate ; the upper lip of 3 bristle-pointed teeth ; the lower shorter, 2-cleft. Corolla bilabiate; the upper lip notched, the lower longer, 3- lobed. Stamens 4, didynamous, included. Style slender : stigma 2-cleft. Fruit oblong, pointed by the persistent style. — A perennial branching pubescent herb, with opposite ovate or oblong coarsely-serrate long-petioled leaves, and small opposite purplish flowers in a slender terminal spike. Fruit reflexed. 1. P. leptOStachya, L. — Eich shaded soil, Florida to Mississippi, and northward. July and Aug. — Stem l°-3° high, tumid above the joints. Leaves 3' -5' long. ORDER 94. LABIAT^E. (MINT FAMILY.) Herbs or shrubs, with opposite 4-angled branches, and opposite exstip- ulate leaves. Flowers opposite, solitary, or oftener in close axillary spiked or capitate cymes (whorls). Calyx 3 - 10-cleft or toothed. Corolla more or less bilabiate, 4 - 5-lobed. Stamens inserted on the tube of the corolla, diandrous or didynamous. Ovary 4-cleft or 4-parted, the lobes surround- ing the base of the single style. * Ovule solitary, erect, anatropous. Fruit of 1 - 4 one-seeded nutlets. Albumen scarce or none. Embryo straight or (in Scutellaria) curved. Radicle short, inferior. — Plants commonly dotted with minute glands, which are filled with an aromatic volatile oil. Synopsis. TRIBE I. OCIMOIDE£3. — Stamens 4, didynamous ; the lower pair longer, reclining on the lower lobe of the corolla. Anthers 2-celled. Nutlets smooth, distinct. 1. OCIMUM. Upper lobe of the calyx broad, decurrent. Lobes of the corolla nearly equal. 2. HYPTIS. Calyx-teeth nearly equal. Lowest lobe of the corolla longest, saccate, bent downward. LABIATJE. (MINT FAMILY.) 311 TRIBE II. S ATUREIE^E. — Stamens 2 or 4, straight and spreading, or connivent under the upper lip ; the upper pair shorter, or abortive. Anthers 2-celled. Nutlets smooth, distinct. * Corolla-lobes nearly equal. Stamens distant 8. MENTHA. Fertile stamens 4. Whorls spiked. Nutlets obtuse. 4. LYCOPUS, Fertile stamens 2. Whorls axillary. Nutlets truncate. * # Corolla 2-lipped. Stamens straight, distant, spreading. 5. CUNILA. Stamens 2. Calyx equally 5 toothed, hairy in the throat. 6. PYCNANTIIEMUM. Stamens 4. Calyx 2 lipped or 5-toothed, naked in the throat 7. COLLINSONIA. Stamens 2 or 4. Calyx 2-lipped, the upper lip truncate, 3-toothed. Co- rolla fimbriatc. * * * Corolla 2-lipped. Stamens ascending and spreading above, or connivent under the upper lip. •«- Fertile stamens 2 , the two sterile ones small. 8. IIEDEOMA. Calyx 13-nerved, 2 lipped ; the lower lip hispid. • -i- Fertile stamens 4. Calyx 13-nerved. 9. MICROMERIA. Calyx-teeth nearly equal. Flowers solitary. Low herbs. 10. CALAMINTHA. Calyx 2-lipped. Flowers in cymes. Anthers awnless. Chiefly shrubs. 11. DICERANDRA. Calyx 2-lipped. Anther-cells awned. Branching annuals. 12. MELISSA. Calyx tubular-bell-shaped, flattened on the upper side. Tube,of the corolla curved upward. TBIBE IH. MONARDEJE. —Stamens 2, ascending and parallel. Anthers l-celjed, or with 2 confluent cells. Calyx and corolla 2-lipped. Nutlets smooth, distinct. 13. SAL VIA. Connective of the anther elongated, oblique j the upper cell fertile ; the lower abortive or wanting. 14. MONARDA. Anther 2-celled, the cells confluent. Calyx-teeth equal. 15. BLEPHILIA. Anther 2-celled, the cells confluent. Calyx 2-lipped; the upper teeth awned. TBIBB IV. NEPETE JE. — Stamens 4, the upper pair longer. Nutlets smooth, distinct 16. LOPHANTIIUS. Upper stamens curving downward ; the lower ascending. Anther-cella parallel. 17. NEPETA. Stamens all ascending. Anther-cells diverging. 18. CEDRONELLA. Stamens all ascending. Anther-cells parallel. TEIBE V. STACK YDE<K.— Stamens 4; the lower pair longer, parallel, ascending. Upper lip of the corolla concave or keeled. Calyx 3 - 10-toothed or lobed. Nutlets smooth, distinct. Calyx 2-lipped, closed in fruit. 1&. BRUNELLA. Lips of the calyx toothed. Flowers 3 in a cluster, spiked. 20. SCUTELLARIA. Lips of the calyx entire; the upper one appendaged. Flowers single, opposite. * * Calyx not 2-lipped ; the teeth or lobes spineless. 21. MACBRIDEA. Calyx 3-lobed. Flowers capitate, in crowded 4-flowered whorls. 22. PHYSOSTEGIA. Calyx 6-toothed. Flowers opposite, spiked. Nutlets 3-angled. 23. LAMIUM. Calyx 5-toothed. Flowers in axillary cymes. Nutlets truncated. # * * Calyx not 2-lipped ; the teeth rigid or spiny. 24. MARRUBIUM. Calyx-teeth 10, nearly equal. Stamens included. Herbs woolly. 25. LEONOTIS. Calyx-teeth 8 - 10, very unequal. Stamens exserted. Whorls globose. 26. LEONURUS. Calyx-teeth 5. Nutlets obtuse, not truncate. Leaves incisely lobed. 27. STACHYS. Calyx -teeth 5. Nutlets truncate, sharp-angled. Leaves undivided. TRIBE VI. A JVGEJE. — Stamens 4, ascending, parallel, exserted. Nutleta reticulated and pitted, their bases partially united within. * Stamens barely exserted, nearly equal. 28. ISANTHUS. Lobes of the corolla and calyx nearly equal. Peduncles 1 - 3-flowered. 312 LABIATJE. (MINT FAMILY.) * * Stamens long-exserted, didynamous. 29. TRICHOSTEMA. Lobes of the corolla nearly equal. Calyx 5-cleft. Flowers solitary. 30. TEUCRIUM. Lower lobe of the corolla longest. Calyx 5-toothed. Whorls crowded. 1. OCIMUM, L. BASIL. Calyx ovate or bell-shaped, 5-toothed, angled, deflexed in fruit; the upper tooth roundish, with the margins decurrent. Corolla nearly equally 2-lipped ; the upper lip 4-cleft ; the lower entire, flat. Stamens 4, didynamous ; the lower pair longer, resting upon the lower lip of the corolla. Style 2-cleft at the apex. Glands of the disk 1-4. Nutlets smooth, ovoid or globular. — Chiefly tropical herbs or shrubs. Whorls 6-flowered, in a terminal bracted spike or raceme. 1. O. Campechianum, Miller. Stem branched, pubescent, especially at the joints ; leaves ovate and ovate-lanceolate, acute, finely serrate, narrowed into a slender pubescent petiole, paler and pubescent on the veins beneath, dotted ; raceme many-flowered, pubescent ; bracts ovate ; calyx hispid on the nerves, the lower teeth awned ; corolla small, slightly exserted ; stamens smooth. — South Florida. — Stem 6' - 12' high. Leaves 1'- 2' long. Flowers purple. 2. HYPTIS, Jacq. Calyx tubular, with 5 equal subulate teeth. Corolla 5-lobed ; the four upper lobes short, spreading or reflexed ; the lowest longer, saccate, abruptly deflexed, thickened at the base. Stamens 4, didynamous, included in the bud in the lower lobe of the corolla. Nutlets smooth, ovoid. 1. H. radiata, Willd. Herbaceous; stem erect, mostly simple, pubescent above ; leaves ovate-lanceolate, serrate or toothed, tapering into a petiole, smooth ; heads peduncled, in the axils of the upper leaves, globose, surrounded by an involucre of several lanceolate whitish bracts, pubescent ; corolla small, white, dotted with purple. — Low ground, Florida to North Carolina, and west- ward. July - Sept. — Stem 2° - 4° high. 3. MENTHA, L. MINT. Calyx tubular, nearly equally 5-toothcd. Corolla equally 4-lobed, the upper lobe notched or entire. Stamens 4, equal, distant, straight : anther-cells parallel. Style 2-cleft at the apex. Nutlets smooth, obtuse. — Pungent aromatic herbs. Whorls (in our species) approximate, forming a dense or interrupted terminal spike. 1. M. viridis, L. Stem and leaves smooth; leaves ovate-lanceolate, un- equally serrate, nearly sessile ; bracts leafy, and, like the calyx, smooth or hairy ; spike cylindrical, interrupted below ; calyx-teeth linear-subulate. (M. tenuis, Michx.) — Damp soils. Introduced, and sparingly naturalized. July - Sept. — Stem 1° - 2° high. Flowers pale blue. 2. M. rotundifolia, L. Soft-hairy; stem erect; leaves roundish, rugose, crenate, sessile, hoary beneath ; spikes oblong, interrupted ; bracts lanceolate ; LABIATE. (MINT FAMILY.) 313 fruiting calyx roundish, the teeth short and acute. —Near Wilmington, North Carolina. Introduced. — Stem 1°- 2° high. Corolla white. 3. M. piperita, L. Smooth ; stem creeping at the base, ascending, branched ; leaves ovate-oblong, acute, sharply serrate, rounded at the base, short-petioled ; spikes slender, interrupted ; bracts mostly longer than the whorls, the upper ones linear ; calyx-teeth hairy. — Low ground. Introduced. July - Sept. — Stems 1° - 2° high. Flowers white or blue. 4. LYCOPUS, L. Calyx bell-shaped, equally 4 - 5-toothed, naked at the throat. Corolla bell- shaped, exserted, equally 4-cleft. Fertile stamens 2, exserted ; the upper pair sterile, included or wanting : anther-cells parallel. Style 2-cleft at the apex. Nutlets 3-angled, truncate at the apex, narrowed at the base. — Marsh or aquatic herbs, with long runners at the base. Leaves mostly toothed or pinnatifid. Whorls dense, axillary. Flowers small, sessile. 1. L. Virginicus, L. Stem smoothish ; leaves ovate-lanceolate, toothed- serrate, acute or acuminate at each end, roughened above ; calyx-teeth 4, ovate, obtuse ; corolla small, exserted ; sterile stamens minute. — Ponds and ditches, Florida? and northward. Sept. — Stem l°-2° high. Leaves l'-2' long. Flowers white. 2. L. simiatus, Ell. Stem smooth, much branched ; leaves pinnatifid- toothed, ovate-oblong, tapering at each end ; the upper ones narrower ; calyx- teeth 5, lanceolate-subulate, acute ; corolla twice as long as the calyx ; sterile stamens minute or none. (L. exaltatus, Pursh.) Var. intermedius. Closely pubescent or tomentose; stem simple or branched, very leafy ; leaves ovate-lanceolate, acuminate at each end, coarsely serrate, pale beneath ; whorls dense ; calyx-teeth subulate, pubescent, nearly as long as the corolla ; seeds pitted. Var. angustifolius, Benth. (L. angustifolius, Ell.) Pubescent; stem simple or sparingly branched; leaves sessile, lanceolate or linear, toothed- serrate or entire, resinous-dotted ; calyx-teeth subulate. — Ponds and ditches, Florida to Mississippi, and northward. Aug. - Oct. — Stem 2° - 4° high. Leaves 2' -4' long. Flowers white. 5. CUNTLA, L. DITTANY. Calyx tubular, 10-nerved, equally 5-toothed, hairy in the throat. Corolla 2-lipped ; the upper lip notched or entire, the lower 3-cleft. Stamens 2, distant, exserted: anther-cells parallel. Style 2-cleft at the apex. Nutlets smooth. — Perennial herbs. Flowers small, in corymbose or crowded whorls. 1. C. Mariana, L. Smooth; stem slender, much branched ; leaves ovate, serrate, acute, rounded or cordate at the base, subsessile ; cymes loose, axillary and terminal, peduncled, mostly shorter than the leaves, corymbose; calyx- teeth lanceolate, acute. — Dry soil along the mountains, Georgia and northward. July- Sept. — Stem 1° high. Leaves 1' long. Flowers purple. 27 314 LABIATE. (MINT FAMILY,) 6. PYCNANTHEMUM, Michx. HORSE-MINT. Calyx tubular, 13-nerved, naked in the throat, equally 5-toothed, or slightly 2-lipped. Corolla 2-lipped ; the upper lip notched or entire, the lower 3-cleft. Stamens 4, nearly equal, straight, spreading, commonly exserted : anther-cells parallel. Style 2-cleft at the apex. Nutlets smooth. — Perennial mostly pu- bescent or hoary herbs, with erect branching stems. Floral leaves often white- tomentose. Cymes mostly terminal, bracted. Corolla small, white or purplish. — Plants aromatic and pungent. * Calyx more or less 2-lipped, the subulate teeth often bearded with weak jointed hairs : cymes mostly terminal, widely spreading in fruit : bracts longer than the flowers : leaves pubescent, the uppermost whitened. 1. P. incanum, Michx. Stem densely pubescent and hoary ; leaves ovate or oblong-ovate, acute, sharply serrate, short-petioled, hoary-tomentose beneath ; calyx-teeth subulate, and, like the bracts, commonly bearded with weak hairs. (P. Loomisii, Nutt.) — Var. T-ULLIA. (P. Tullia, Benth.) Leaves smaller and smoother; cymes larger and more expanded; calyx-teeth longer. — Var. AL- BESCENS. (P. albescens, Gray.) Leaves ovate-lanceolate, obtuse, smooth above, hoary beneath ; calyx-teeth triangular lanceolate, obtuse, not bearded. — Dry woods and fence-rows, Florida to Mississippi, and northward. Aug. and Sept. — Stem 2° - 4° high. Leaves 1' - 2' long. Flowers white. 2. P. dubium, Gray. Stem villous-pubescent ; leaves lanceolate, acute at each end, smooth or nearly so, entire ; cymes hoary, dense-flowered, short- peduncled ; calyx-teeth subulate, tipped, like the bracts, with a tuft of weak hairs ; the 2 lower ones shorter. — Mountains of North Carolina. Aug. and Sept. — Stem 2° - 3° high. Leaves 2' - 3' long. * * Calyx-teeth nearly equal. H- Calyx as long as the corolla ; the teeth subulate and awn-pointed, like the rigid bracts: cymes dense-flowered. 3. P. aristatlim, Michx. Tomentose and hoary, or sometimes hairy ; stem branched ; leaves ovate or oblong, acute, sparingly serrate, rounded at the base, short-petioled, the uppermost somewhat whitened ; cymes mostly terminal ; ovary bearded. — Var. HYSSOPIFOLIUM, Gray. Stem simple or corymbose above; leaves rigid, linear-oblong, obtuse, entire. — Low ground, Florida to Mississippi, and northward. Aug. and Sept. — Stem ]£°-3° high. Leaves l'-2' long. H- -i- Calyx-teeth beardless and awnless : cymes capitate, mostly terminal: bracts shorter than the flowers: leaves subsessile. 4. P. pilosum, Nutt. Softly pubescent or villous ; branches short, erect ; leaves lanceolate, entire, acute at each end, none of them whitened; cymes small, compact, corymbose; calyx-teeth ovate-lanceolate, acute, and, like the bracts, hoary-tomentose, or, in var. LEPTODON, Gray, subulate and villous. — Upper districts of Georgia, and northward. Aug. and Sept. — Stem 2° high. Leaves l'-2' long. LABIATJE. (MINT FAMILY.) 315 5. P. muticum, Pers. Smooth or tomcntosc ; stem corymboscly branched ; leaves ovate or ovate-lanceolate, acute, serrate, rounded or slightly cordate at the base, sessile or short-petioled, the uppermost whitened ; cymes small, com- pact, corymbose, minutely hoary-tomentose ; calyx-teeth short, triangular-ovate, obtuse. — Dry soil, Florida to Mississippi, and northward. Aug. and Sept. — Stem 1 ° - 2° high. Leaves 1 ' - 2' long. •--»—•«— Cymes capitate, in compact corymbose clusters : bracts shorter than the flowers : stem and rigid entire leaves smoothish. 6. P. lanceolatum, Pursh. Stem branched ; leaves lanceolate or linear- lanceolate, acute, rounded at the base ; cynics numerous, pubescent ; bracts ovate-lanceolate ; calyx-teeth short, triangular. — Dry soil in the upper districts. Aug. and Sept. — Stem 2° high. Leaves l'-2' long. 7. P. linifolium, Pursh. Stem branched ; leaves very numerous, linear, sessile ; cymes smoothish ; bracts linear, acute ; calyx-teeth lanceolate-subulate, rigid, acute. — Dry soil, Florida to Mississippi, and northward. Aug. and Sept. — Stem 2° high. 8. P. nudum, Nutt. Smooth ; stem simple or corymbose at the summit, straight ; leaves sessile, ovate-oblong, obtuse, rounded at the base ; cymes smooth; exterior bracts narrow-lanceolate, the inner short, subulate; calyx- teeth short, triangular-lanceolate, and, like the corolla, pubescent. — Low pine barrens, Dale County, Alabama, to the mountains of North Carolina. Aug. and Sept. — Stem 2° high. Leaves £' - V long. •H- •»- -- •»- Cymes axillary and terminal, large, dense-flowered: bracts ciliate. 9. P. montanum, Michx. Stem slender, smooth, simple or branched; leaves smooth, ovate-lanceolate, serrate, acute, tapering into a short petiole, the lowest rounded at the base ; cymes globose, the upper ones closely sessile ; bracts numerous, ciliate ; the exterior ovate, very acute, as long as the flowers, the inner ones linear ; calyx-teeth short, acute ; ovary bearded. — Mountains of North Carolina. July and Aug. — Stem 1° - 3° high. Leaves 2' - 3' long. 7. COLLINSONIA, L. HORSE-BALM. Calyx obovate, enlarged and deflexed in fruit, 2-lipped ; the upper lip flat- tened, truncate, 3-toothed, the lower 2-cleft. Corolla funnel-shaped, 2-lipped, dilated at the throat ; the four upper lobes equal, the lowest larger, declining, toothed or fimbriate. Stamens 2 or 4, long-exserted, spreading : anther-cells diverging. Nutlets smooth. — Strong-scented perennial herbs. Leaves large, coarsely serrate, dotted beneath. Flowers yellowish, solitary, opposite, in racemes or panicles. Petioles tumid at the base. * Fertile stamens 2. 1. C. Canadensis, L. Nearly smooth; leaves ovate or oblong-ovate, acuminate, sharply serrate, acute, rounded or cordate at the base, long-pctioled, the uppermost smaller, sessile ; panicle elongated ; bracts minute, very acute ; flowering calyx very small, the upper lip much shorter than the lower, with 316 LABIATE. (MINT FAMILY.) subulate teeth ; corolla 4 times as long as the calyx, yellowish. — Rich shaded soil, Florida to Mississippi, and northward. Sept. — Stem 2° -4° high. Leaves 4' - 9' long. Corolla 3" - 5" long. 2. C. scabriuscula, Ait. Stem smoothish ; leaves petioled, ovate, acute, dentate, rounded at the base, smooth above, the uppermost sessile ; bracts small, subulate-acuminate ; panicle elongated, leafy at the base ; calyx-teeth short, acute ; stamens included or exserted. — Rich woods, Florida, Pursh, to South Carolina, Elliott. Sept. — Stem 3° high. Leaves 2' 3' long, on short petioles. Corolla half as large as in the preceding, the lowest lobe purple. 3. C. punctata, Ell. Stem pubescent; leaves ovate-lanceolate, acumi- nate, mucronate-serrate, pubescent and dotted beneath ; panicle pubescent, leafy at the base; bracts ovate, acute or acuminate; calyx-teeth large, lanceolate, acute, nearly equal, £-J as long as the yellowish corolla; sterile stamens included, capitate. — Rich shady woods, Florida to North Carolina. Sept. — Stem 2° - 4° high. Leaves 4' - 6' long. Corolla 4" - 6" long, hairy within. 4. C. ovalis, Pursh. Stem slender, pubescent above ; leaves ovate or round-ovate, acute, smooth, with few very coarse mucronate teeth, the lower ones barely longer than the very slender petiole, the upper sessile ; racemes panicled ; calyx pubescent, with unequal subulate teeth ; bractsovate, acumi- nate. — Mountains of North Carolina. — Stem 2° high. Leaves (excluding the petiole) 2' long, 1^' wide. * Fertile stamens 4. 5. C. verticillata, Baldw. Stem simple, smooth below ; leaves 4, mem- branaceous, elliptical, acute, rather finely serrate, acute or obtuse at the base, short-petioled, approximate, the lower surface, like the simple long-peduncled raceme, viscid-pubescent ; lower flowers whorled, the upper opposite ; bracts minute ; calyx-teeth linear-subulate, half as long as the corolla. — Light shaded soil, Georgia, chiefly in the upper districts. Sept. — Stem 1° high. Corolla yellow or purplish. 6. C. anisata, Pursh. Viscid-pubescent; stem stout, simple or branched ; leaves large, oval or ovate, acute, mucronate-crenate, mostly rounded or cordate at the base, the uppermost sessile ; panicle many-flowered ; bracts ovate ; calyx- lobes large, ovate-lanceolate, nearly equal ; corolla large, yellow. — Dry shaded soil, Georgia, Alabama, and Florida. Aug. and Sept. — Stem 1° - 2° high. Leaves 4' - 8' long. Corolla £' - f ' long. 8. HEDEOMA, Pers. Calyx tubular, somewhat gibbous under the base, equally 5-toothed or bilabi- ate, with the upper lip 3-toothed, the lower 2-cleft, hairy in the throat. Corolla 2-lipped ; the upper lip notched or entire, the lower 3-cleft. Stamens 2, ascending : anther-cells diverging. Nutlets smooth. — Herbs, with small leaves, and axil- lary few-flowered cymes. 1. H. pulegioides, Pers. Annual, pubescent, much branched; leaves oblong-ovate, obtuse, sparingly serrate, pale beneath, contracted into a slender LABIATE. (MINT FAMILY.) 317 petiole ; whorls 6-flowered, shorter than the leaves ; lower lip of the calyx hispid. — Dry hills in the upper districts. June - Sept. — Stem 1° high. Leaves 1' long. Corolla small, pale blue. 9. MICBOMERIA, Benth. Calyx tubular, 13-nerved, nearly equally 5-toothed, mostly hairy in the throat. Corolla 2-lipped ; the upper lip flat, notched or entire, the lower spreading, 3- lobed ; the straight tube commonly shorter than the calyx. Stamens 4, didyna- mous, arching inward : anther-cells parallel, or at length diverging Nutlets smooth. — Herbs, with the small white or purple flowers solitary, or few in a whorl, chiefly axillary. 1. M. Brownei, Benth. Smooth; stem prostrate or ascending, mostly simple ; leaves round-ovate, obtuse, crenate or entire, short-petioled ; flowers sol- itary, opposite, on Avidely spreading peduncles, exceeding the leaves, erect, pur- ple. — Kiver-banks, Florida. July and Aug. — Stem 6' - 12' long. Leaves 4" - 6" long. 10. CAT.AMINTHA, Benth. Calyx tubular., 13-nerved, 2-lipped ; the upper lip spreading, 3-toothed, the lower 2-cleft, bearded or naked in the throat. Corolla 2-lipped, open at the throat ; the upper lip notched or entire, the lower 3-lobed, the tube commonly exserted. Stamens 4, didynamous, arching inward : anther-cells at length diverging. Nutlets smooth. — Herbs or shrubby plants, with white, scarlet, or purple flowers § 1. CALAMINTHA. Herbs: cymes peduncled, compound, small-bracted ; the upper ones forming a I-sided compound raceme : flowers small. 1. C. Nepeta, Link. Villous; stem much branched, ascending; leaves small, ovate, obtuse, serrate, petioled ; cymes numerous, dichotomous, loose- flowered ; calyx bearded in the throat, half as long as the purple corolla. — Waste places and road-sides, Georgia to North Carolina, introduced. July - Sept. — Stem l°-2° long. Leaves £' long. § 2. CALOMELISSA. Shrubs : cymes nearly sessile, axillary, few-flowered, often leafy-bracted : pedicels elongated: throat of the calyx bearded: flowers showy. 2. C. Caroliniana, Sweet. Stem much branched, closely pubescent; leaves rigid, smooth, oval or oblong, obtuse, crenate, finely dotted, narrowed into a slender petiole; axillary leaves small and clustered; cymes 6-flowered, the lower bracts leafy ; corolla white or purple, spotted. — Sandy or rocky banks, Florida to North Carolina. Aug. and Sept. — Shrub 1° -2° high, the flowering branches simple. Leaves 1' - l£' long. Corolla 1' long. 3. C. COCCinea, Benth. Smooth or minutely pubescent ; leaves obovate- oblong, obtuse, entire or obscurely crenate, tapering into a short petiole ; flowers solitary, or in 3-flowered bracted cymes ; corolla large, scarlet. — Sandy shores of St. Andrew's Bay, West Florida. Oct. and Nov. — Stem 2° high, the outer bark loose and shreddy. Leaves £' long. Corolla l£' long. 27* 318 LABIATE. (MINT FAMILY.) 4. C. dentata, n. sp, Densely tomentose ; stem diffusely branched ; leaves small, obovate or wedge-shaped, rounded and 2 - 4-toothed at the apex, nearly sessile ; flowers solitary or 3 together ; calyx smooth, the upper lip emarginate or obscurely 3-toothed, much shorter than the lower ; upper stamens abbreviated, sterile. — Sand ridges near Aspalaga, 'Florida. Sept. and Oct. — Stem 2° high. Leaves very numerous, ^' long. 5. C. canescens, Torr. & Gray. Hoary-tomentose ; stem diffusely branched ; leaves linear, entire, obtuse, with -the margins revolute ; cymes very numerous, 1 - 3^-flowered ; calyx smooth or hairy, the upper lip obtusely 3-toothed ; corolla hairy, white or purple, dotted in the throat ; anthers hairy. — Dry sands along the west coast of Florida, flowering throughout the year. — Stem 1° - 2° high. Leaves % - 1' long. Corolla £' long. 11. DICERANDRA, Benth. Calyx tubular, 13-nerved, 2-lipped ; the upper lip entire or minutely 3-toothed, the lower scarcely longer, 2-cleft, the throat bearded. Corolla 2-lipped ; the upper lip erect, the lower spreading, 3-cleft. Stamens 4, didynamous, spreading, exserted : anther-cells distinct, diverging, awned at the apex. Nutlets smooth. — Smooth annuals, with narrow leaves. Cymes loose, spreading, several-flow- ered, forming a leafy terminal raceme. Flowers purple. 1 . D. linearifolia, Benth. Stem mostly branching, erect ; leaves linear or lanceolate, serrate or entire, obtuse, sessile ; cymes peduncled, 3-9-flowered ; calyx purple, declined in fruit. (Ceranthera linearifolia, Ell.) — Dry sandy pine barrens, Florida, Georgia, and westward. Oct and Nov. — Stem 1° high. Leaves 1' long. Flowers very numerous, purple, dotted. Style hairy. 2. D. densiflora, Benth. Stem loosely branched ; leaves oblong-lanceo- late, or the uppermost linear; cymes sessile, 5 - 1 0-flowered. — East Florida, Bentkam. — Cymes more compact, calyx smaller, and the awns of the anthers shorter, than in No. 1. 12. MELISSA, L. BALM. Calyx tubular-bell-shaped, 13-nerved, 2-lipped ; the upper lip flattish, 3-toothed, the lower 2-cleft, beardless in the throat. Corolla-tube recurved-ascending, 2-lipped ; upper lip erect, the lower 3-cleft, spreading. Stamens 4, curved and connivent under the upper lip : anther-cells at length diverging. Nutlets smooth. — Herbs, with few-flowered 1-sided axillary cymes, and white or yellow flowers. 1. M. offieinalis, L. Stem erect, branching ; leaves ovate, crenate, trun- cate or cordate at the base; cymes 3-6-flowered, with ovate bracts. — North Carolina, and northward. Introduced. 13. SALVIA, L. SAGE. Calyx tubular or bell-shaped, 2-lipped ; the upper lip entire or 3-toothed, the lower 2-cleft, beardless in the throat. Corolla 2-lipped ; the upper lip entire or LABIATE. (MINT FAMILY.) 319 notched, the lower spreading, 3-lobed, with the middle lobe larger, entire or notched. Stamens 2, short : anther-cells lineai, widely separated by the elon- gated oblique connective ; the upper one fertile, the lower imperfect or wanting. — Cymes in spikes, racemes, or panicles. Upper lip of the calyx entire : lower anther-cell wanting. 1. S. azurea, Lam. Smooth ; stem simple or branched ; leaves lanceolate or linear, obtuse, entire, or the lower ones serrate, tapering at the base ; racemes elongated ; whorls nearly sessile, 6 - 12-flowered ; calyx longer than the pedicel, the teeth ovate, acute ; corolla 2-3 times as long as the calyx, white or blue ; style bearded. — Dry light or sandy soil, Florida to South Carolina, and west- ward. July and Aug. — Stem 2° - 4° high. Leaves l£' - 3' long. Corolla 6" - 8" long. 2. S. urticifolia, L. Stem (l°-2°) mostly simple, villous-pubescent and somewhat viscid ; leaves thin, rhombic-ovate, acute, serrate, abruptly contracted into a winged petiole, the upper surface and veins beneath sparse-hairy ; racemes terminal; bracts ovate, acuminate, caducous; whorls 6- 12-flowered, remote; calyx bell-shaped, longer than the pedicel, broadly 3-toothed, about half as long as the blue and white corolla ; style bearded. Var. major. Leaves rigid, narrower, acuminate, crenate, with longer and broader- winged petioles; the lower surface, like the taller (4° -6°) branching stem, hoary-tomentose ; racemes axillary and terminal ; flowers smaller. — Dry soil in the upper districts of Georgia, and northward : the variety in Middle Florida. July - Sept. — Leaves 2' - 4' long. Corolla 4" - 5" long. 3. S. serotina, L. Stem tomentose, branching ; leaves ovate, mostly acute, crenate-serrate, tomentose, paler beneath, cordate or truncate at the base, petioled; racemes many-flowered; whorls mostly 6-flowered, the lower ones rather distant, the upper much crowded ; calyx glandular, longer than the pedi- cel, acutely toothed, the upper lip purple ; corolla small, twice as long as the calyx ; style beardless ; the lower lobe spatulate, acute, the upper short, subulate, reflexed. — South Florida. Nov. — Stem rigid, 1° high. Leaves 1' long, twice as long as the petiole. Corolla blue and white, 3" - 4" long. 4. S. Blodgettii, n. sp. Stem much branched, shrubby at the base; branches erect, filiform, pubescent ; leaves small, thin, oval or ovate, slightly crenate, rounded at the apex, acute at the base, about as long as the very slen- der petiole ; racemes filiform, few-flowered ; whorls distant, 2 - 6-flowered ; calyx somewhat glandular, acutely toothed, slightly inflated in fruit ; corolla very small ; lower lobe of the style spatulate obtuse. — South Florida. — Stem 6' - 12' high. Leaves 6" - 9" long. Flowers blue, smaller than in No. 3. * * Upper lip of the calyx broad, 3-toothed: lower anther-cell pollen-bearing, but sterile. 5. S. lyrata, L. Hairy ; stem erect, sparingly branched ; leaves chiefly radical, spreading, lyrate-pinnatifid, mostly discolored ; stem-leaves 2 or 4, smaller ; the upper pah* lanceolate and entire ; raceme many-flowered ; whorls 6-flowered, distant in fruit, longer than the ovate-lanceolate bracts ; upper lip of the bell-shaped calyx truncate, with short erect teeth ; corolla-tube elongated, 320 LABIATE. (MINT FAMILY.) widening upward, the middle lobe of the lower lip dilated and notched. — Var. OBOVATA is less hairy, with the obovate leaves merely toothed or wavy on the margins. (S. obovata, Ell] — Sandy soil, Florida to North Carolina, and west- ward. April and May. — Stem 1° high. Leaves 3' - 6' long, commonly purple beneath. Racemes in fruit 6' -12' long. Corolla 9" -12" long, blue, white- spotted in the throat. 6. S. Claytoni, Ell. Leaves cordate-ovate, sinuate, toothed, rugose ; teeth of the upper lip of the calyx connivent. — Dry sandy pastures, around Beaufort, South Carolina, Elliott. North Carolina, Curtis ; flowering through the summer. — Root thick, perennial. Stem 1° high. Leaves pubescent on the veins and margins. Bracts cordate-ovate, acuminate, toothed. S. OFFICINALIS, L., is the common GARDEN SAGE. S. COCCINEA, L., is common in gardens, and occasionally spontaneous around dwellings. 14. MONARDA, L. HORSE-MINT. Calyx tubular, elongated, 15-nerved, nearly equally 5-toothed, bearded in the throat. Corolla nearly equally 2-lipped ; the upper lip notched or entire, the lower 3-toothed. Stamens 2, ascending under the upper lip, and oftener ex- serted : anther-cells linear, diverging, confluent. Nutlets smooth. — Herbs. Leaves undivided. Whorls large, dense-flowered. Bracts colored. * Upper lip of the corolla linear, acute. 1. M. didyma, L. Stem smoothish ; leaves ovate-lanceolate, acuminate, serrate, rounded at the base, petioled, smooth or hispid ; whorls mostly solitary, terminal; calyx smooth, incurved; corolla large, bright red. — Mountains of North Carolina, and northward. Aug. and Sept. — Stem erect, 2° high. Leaves 2' -3' long. Bracts lanceolate, red. Corolla 1' long. 2. M. fistulosa, L. Stem branching, more or less pubescent, commonly hairy at the joints; leaves petioled, ovate-lanceolate, acute, sharply serrate, mostly rounded or truncate at the base ; whorls terminal ; calyx slightly incurved, hispid in the throat ; corolla slender, rose-color. (M. Clinopodia, and M. mollis, L.} — Mountains of Georgia, and northward. Aug. and Sept. — Stem 2° -5° high. Leaves smoothish, tomentose, or hispid, l'-3' long. Bracts pale purple. * =* Upper Up of the corolla broader, notched. 3. M. punctata, L. Closely and finely pubescent : stem much branched ; leaves lanceolate or oblong, acutish, slightly serrate, narrowed into a petiole , whorls lateral and terminal ; bracts ovate or oblong, purple ; corolla yellowish ; the lower lip dotted with brown, the upper keeled ; stamens not exserted. — Dry sandy soil, Florida to Mississippi, and northward. Aug. -Oct. — Stem l°-3° high. Leaves 1 ' - 2' long. 4. M. gracilis, Pursh. Very smooth ; whorls lateral and terminal ; exte- rior bracts linear, ciliate ; corolla short ; leaves linear-lanceolate, acuminate, ser- rate.— Mountains of Carolina, Lyon. — Stem obtuse-angled. Whorls small, naked. Calyx pubescent, ciliate. Corolla very slender, smooth, yellowish- white. ( * ) LABIATE. (MINT FAMILY.) 321 15. BLEPHILIA, Baf. Calyx ovate-tubular, 13-nervcd, beardless in the throat, 2-lipped; the upper lip with three awned teeth, the lower 2-cleft, awnless or short-awned. Anthers 1 -celled. Otherwise like Monarda. — Stem erect. Whorls several, lateral and terminal, the upper ones crowded. 1. B. ciliata, Raf. Stem hirsute; leaves nearly sessile, ovate-lanceolate, finely serrate, smoothish above, paler and tomentose beneath ; whorls globose, crowded, or the lower ones distinct ; bracts ovate-lanceolate, long-ciliate ; calyx and corolla hairy. (Monarda ciliata, L.) — Dry soil, in the upper districts of Georgia, and northward. July and Aug. — Stem 2° -3° high. Leaves 2' -3' long. Corolla £' long, blue. 2. B. hirsuta, Benth. Stem hirsute; leaves long-petioled, oblong-ovate, serrate, smooth or hirsute ; whorls globose, distinct, or the upper ones crowded, the lower axillary ; bracts linear-subulate, long-ciliate ; corolla slightly pubes- cent. (Monarda hirsuta, Pursh.) — Damp woods on the mountains of North Carolina, and northward. July and Aug. — Stem 2° -3° high, branching. Leaves thin, 3' - 4' long. Corolla pale blue. 16. LOPHANTHUS, Benth. Calyx tubular, 15-nerved, slightly incurved, with the mouth oblique, and un- equally 5-toothed. Corolla 2-lipped ; the upper lip deeply notched, the lower spreading, 3-cleft, with the middle lobe crenate. Stamens 4, distant or spread- ing, the upper pair longer : anther-cells parallel. Nutlets smooth. — Erect perennial herbs. Whorls numerous, crowded in a cylindrical spike. 1. L. scrophularisefolius, Benth. Stem pubescent j leaves petioled, ovate or ovate-lanceolate, acuminate, serrate, hairy beneath ; spike interrupted at the base ; calyx-teeth whitish, lanceolate, acute. — Mountains of Georgia, and northward. Aug. — Stem 3° -4° high. Spikes 4' -15' long. Bracts ovate. Corolla purplish. 2. L. nepetoides, Benth. Smooth; leaves petioled, ovate or oblong, acute, serrate ; spike interrupted at the base ; calyx-teeth green, ovate, barely acute. — Woods, North Carolina, and northward. Aug. — Stem 4° - 6° high. Bracts ovate. Corolla greenish-yellow. 17. NEPETA, L. CATNIP. Lower lip of the corolla 2-cleft or entire. Stamens ascending : anthers ap- proximate by pairs, the cells diverging. Otherwise like Lophanthus. — Corolla blue or white. 1. N. Cataria, L. Erect, hoary-pubescent; leaves petiolate, cordate-ovate, acute, coarsely serrate ; whorls many-flowered, the upper ones crowded in a thick dense raceme, the lower axillary ; bracts as long as the pedicel ; calyx- teeth lanceolate-subulate, the upper ones longer; corolla small, white. — Waste grounds, introduced. — Stem 2° - 3° high. 322 LABIATE. (MINT FAMILY.) 2. N. Glechoma, Benth. Stem prostrate or creeping, pubescent ; leaves round-cordate, obtuse, serrate, petioled ; whorls in nearly all the axils, few- flowered ; corolla blue. — Low shady places, near dwellings. Introduced. — Stem 4'- 12' long. Leaves £' - 1' long. Anthers forming a cross. 18. CEDRONELLA, Moench. Calyx bell-shaped, nearly equally 5-toothed ; the mouth oblique. Corolla dilated at the throat, 2-lipped j the upper lip straight, 2-cleft, the lower 3-cleft, with the middle lobe largest. Stamens 4, ascending, the upper pair longest : anther-cells parallel. Nutlets smooth. — Flowers in a terminal spike or raceme. 1. C. cordata, Benth. Stem low, pubescent, bearing long runners ; leaves long-petioled, cordate, crenate, smoothish; the floral ones ovate; raceme few- flowered, 1-sided; cymes 1 - 3-flowered ; calyx and pale-blue corolla large. (Dracocephalum cordatum, Nutt.) — Shady banks, on the mountains of North Carolina. May and June. — Stem ^° high, creeping at the base. Leaves 1' long. Corolla 1 1' long. Plant pleasant-scented. 19. BRTJNELLA, Tourn. SELF-HEAL. Calyfc tubular-bell-shaped, 10-nerved, flat above, 2-lipped; upper lip broad, truncated, 3-toothed, the lower 2-cleft. Corolla-tube slightly inflated under the throat, 2-lipped; the upper lip roundish, arching, entire, the lower 3-lobed, with the middle lobe rounded, concave, crenate. Stamens 4, exserted, the smooth filament prolonged above the anther : anther-cells spreading. — Herbs, with 6-flowered; densely-spiked whorls. Floral leaves orbicular, imbricated, persistent. 1. B. Vlllgaris, L. Pubescent or smoothish ; stem erect, mostly simple ; leaves ovate or oblong, serrate, petioled ; spikes oblong or cylindrical ; flowers purple. — Low grounds, Florida, and northward. Introduced. — Stem 6' -12' high. Spikes thick, lateral and terminal. 20. SCUTELLABIA, L. SKULLCAP. Calyx bell-shaped, 2-lipped, entire and closed after flowering ; the upper lip furnished with a helmet-shaped appendage on the back, and falling away at maturity, the lower persistent. Corolla-tube recurved-ascending, dilated at the throat, 2-lipped ; the upper lip arching, entire or notched, with the small lateral lobes united with its sides, the lowest lobe large and spreading. Stamens 4, ascending : anthers dilate1, approximate by pairs, those on the shorter filaments 1-celled, on the longer ones 2-celled, cordate. — Perennial mostly inodorous herbs. Flowers opposite, solitary, in the axils of the upper, mostly bract-like leaves, rarely in lateral racemes. Corolla blue or white. * Flowers in terminal racemes. •- Leaves cordate, ovate or oblong, crenate, petioled ; the floral ones shorter than the flowers, entire. 1. S. versicolor, Nutt. Softly pubescent; stem stout, branched above; leaves large, long-petioled, all broadly cordate, rugose and reticulate ; the floral LABIATE. (MINT FAMILY.) 323 ones ovate, sessile ; racemes terminal and axillary, many-flowered, viscid ; calyx hairy; lateral lobes of the corolla conspicuous. (S. cordifolia, Muhi) — Dry open woods in the upper districts. July -Sept. — Stem 2° -3° high. Leaves 2'- 4' long. Racemes 3' - 6' long. Corolla 6" - 8" long, blue and white. Var. minor. Small (6'- 12') ; leaves tomentosc, finely crenate ; the lowest ones orbicular, the upper ovate-lanceolate, truncated at the base (^'-1'long), the floral ones narrower. (S. saxatilis /3 1 pilosior, Benth. ?) — Dry woods, near "Washington, Wilkes County, Georgia. August. 2. S. arguta, Buckley. Stem somewhat procumbent, pubescent; leaves ovate, cordate, coarsely crenate, on long pubescent petioles, nearly smooth ; racemes axillary and terminal ; flowers small. — Black Mountain, North Caro- lina, Buckley. July and Aug. — Stem 8' - 12' long. Leaves 1^' - 2' long, paler beneath, shorter than the petioles. 3. S. canescens, Nutt, var. ? punctata. Stem erect, tomcntose, branched above ; leaves ovate or oblong-ovate, acute, smoothish, paler and strongly veined beneath, resinous-dotted on both sides, short-petioled, the lower ones cordate, the upper and floral ones lanceolate, tapering at the base ; racemes simple, axil- lary and terminal, pubescent, many-flowered ; corolla blue and white. — Dry open woods, Florida and Georgia. July and Aug. — Stem 2° high. Leaves l£'-2' long, 2-3 times as long as the pubescent petioles. Corolla 8" -9" long. 4. S. serrata, Andr. Smooth ; stem erect, branched ; leaves ovate, acute, smooth and green on both sides, decurrent into the margined petiole ; the floral ones small, lanceolate ; racemes short, simple, few-flowered, 1 -sided ; calyx mostly hairy ; corolla large, blue. — Dry woods, North Carolina. — Stem 2° - 3° high. Leaves !'-!£' long. Corolla 1' long. 5. S. pilosa, Michx. Hairy ; stem simple or sparingly branched ; leaves distant, ovate, obtuse, coarsely crenate ; the lowest rounded at the base, the upper ones abruptly short-petioled, the floral ones spatulate, obtuse ; racemes short, few-flowered ; corolla pale blue. — Dry sandy soil, Florida to Mississippi, and northward. July and Aug. — Stem 1° - 2° high. Leaves 1' - 2' long. Co- rolla 8" -9" long. 6 S. villosa, Ell. Stem erect, branching, villous ; leaves large, lanceo- late, acute at each end, coarsely toothed, villous beneath, hispid above ; racemes paniculate, with the flowers crowded. — Georgia, between the Ocmulgee and Flint Rivers, Elliott. May- July. — Stem 2° -3° high. Leaves 3' -4£' long, on petioles ^' long. ( ) -i— -t- Upper and floral leaves alike, entire, nearly sessile; the lower broader, petioled, and mostly crenate. 7. S. integrifolia, L. Pubescent throughout; stem mostly simple (6'- 12' high) ; leaves small (£'-!' long), lanceolate, obtuse, entire, tapering down- ward, sessile ; the lowest ovate or obovate, short-petioled, crenate or entire, the lower floral ones sometimes longer than the flowers ; racemes leafy, few - many- flowered. — Dry sandy soil, Florida to North Carolina, and westward. Var. major. Stem taller (l°-2° high), branching; leaves larger (l'-2' long) ; the upper oblong, entire, tapering into a petiole, the lower ovate or cor- 324 LABIATE. (MINT FAMILY.) date, coarsely crenate, long-petioled, rounded at the apex. — Swamps, Florida, and northward. July and Aug. — Corolla 8"- 10" long, blue or white. •»-•«- M- Leaves all linear and entire ; the lowest bract-like. 8. S. Floridana, n. sp. Minutely pubescent ; stem slender, branching ; leaves linear, obtuse, entire, sessile, with revolute margins ; the lowest minute and bract-like, the floral ones shorter than the flowers ; racemes loose, few- flowered ; corolla large, much dilated at the throat, the nearly equal lips broad and obtuse; filaments hairy at the base. — Pine-barren swamps near the coast, West Florida. July. — Stem 1° high. Leaves 1' long, £"- 1" wide. Corolla 1' long, deep blue, the lower lip white in the middle. * * Flowers small, in axillary racemes. 9. S. lateriflora, L. Smooth ; stem elongated, diffusely branched ; leaves petioled, ovate-lanceolate, coarsely serrate, acuminate, the lower rounded at the base ; racemes slender, 1 -sided ; corolla blue. — Shady swamps, Florida to Mis- sissippi, and northward. July - Sept. — Stem 2° - 3° high. Leaves membra- naceous, 2' - 3' long. Corolla 2" long. =* * =* flowers solitary, in the axils of the upper leaves. 10. S. galericulata, L. Stem erect or ascending, simple or branched, smooth or pubescent; leaves short-petioled, ovate-lanceolate, acute, slightly crenate, rounded or subcordate at the base, paler and pubescent beneath; flowers nearly sessile, turned to one side. — Wet shaded places, North Carolina, and northward. July and Aug. — Stem l°-2° high. Leaves !'-!£' long. Corolla 7"- 8" long, blue, the lower lip white in the middle, spotted with blue. 11. S. parvula, Michx. Stem low, pubescent; leaves ovate or roundish, obtuse, mostly entire, nearly sessile, strongly veined ; flowers small, peduncled. — Rocky woods, West Florida to Mississippi, and northward. July and Aug. — Fibres of the root often bearing small tubers. Stem 6'- 9' high. Leaves 4"- 6" long. Corolla blue, 2" - 3" long. 21. MACBBIDEA, Ell. Calyx tubular-bell-shaped, 3-lobed ; the upper lobe lanceolate, entire, the two lower ones oblong, notched or entire. Corolla inflated, 2-lipped ; the upper lip arching, concave, the lower broadly 3-lobed, spreading. Stamens 4, ascending under the upper lip. Filaments hairy : anthers approximate by pairs, the cells diverging, hairy within, denticulate on the margins. Nutlets smooth. — Erect mostly simple perennials. Whorls crowded in a dense cone-like terminal head. Corolla large, white or purple. 1 . M. pulchra, Ell. Smooth or hairy ; leaves lanceolate, acute, serrulate, dotted ; the lower ones narrowed into a petiole, the upper sessile, the floral ones ovate, acute ; whorls 4-flowered ; calyx striate, the lobes entire ; corolla purple, the tube striped with purple and white, the upper lip entire. — Pine-barren swamps, Georgia to North Carolina. Aug. and Sept. — Stem 1°-1\|° high. Corolla l£' long. LABIAT^E. (MINT FAMILY.) 325 2. M. alba, n. sp. Smooth or hirsute ; leaves wedge-lanceolate or oblong, toothed, rounded at the apex narrowed to the sessile base ; the lowest oblong, tapering into a slender petiole ; the floral ones ovate or orbicular, obtuse ; whorls 4-flowered ; calyx nerveless, with the two larger lobes notched ; corolla white, the upper lip emarginate. — Low pine barrens, West Florida, near the coast. July and Aug. — Stem 1° - l£° high. Leaves 2' long, or the radical ones 4'- 5' long, and, like the calyx and corolla, thick and somewhat fleshy. 22. PHYSOSTEGIA, Benth. Calyx tubular-bell-shaped, inflated in fruit, nearly equally 5-toothed. Corolla tubular-funnel-shaped, 2-lipped ; the upper lip erect, concave, entire or notched, the lower spreading, broadly 3-lobed. Stamens 4, ascending under the upper lip : anthers approximate, with the cells parallel, ciliate. Nutlets smooth, acutely 3-angled. — Smooth perennial herbs, with erect mostly simple stems, and opposite showy purplish flowers, in terminal spikes or racemes. 1. P. Virginiana, Benth. Leaves large (6' -9' long), oblong, sharply serrate, the lowest narrowed into a petiole ; spikes thick, dense-flowered ; calyx- teeth acute ; corolla 1' long. (Dracocephalum Virginianum, Z.) — Varies through several intermediate forms, including Dracocephalum varicgatum, Vent., and D. obovatum, Eli, into var. DENTICULATA, with lanceolate or linear denticulate or entire leaves, and smaller (6"- 9" long) flowers in a long loosely flowered spike. — Low ground and swamps, Florida to Mississippi, and northward. June- Aug. — Stem 2° - 4° high. Racemes simple or compound. 23. LAMIUM, L. DEAD-NETTLE. Calyx tubular-bell-shaped, 5-nerved, nearly equally 5-toothed, the teeth subu- late, not spiny. Corolla slender, dilated at the throat, 2-lipped ; the upper lip ovate or oblong, narrowed at the base ; the lateral lobes small, at the margins of the throat ; the lowest lobe large, notched, contracted at the base into a short stalk. Stamens 4, ascending under the upper lip : anther-cells at length spread- ing. Nutlets 3-angled, truncate at the apex. — Herbs. Leaves incised ; the lower ones petioled, the floral ones sessile, longer than the dense whorls. 1. L. amplexicaule, L. Leaves orbicular, incisely crenate-lobed ; the floral ones clasping, the others long-petioled ; tube of the corolla straight, the lateral lobes truncate ; anthers hairy. — Cultivated ground and waste places, common. May. (I) — Stems 4' -12' high. Corolla small, purple, often im- perfectly developed. 24. MARRTJBIUM, L. HOREHOUND. Calyx tubular, 5-10-nerved, nearly equally 5- 10-toothed; the teeth spiny, mostly spreading in fruit. Corolla-tube included in the calyx, 2-lipped ; the ripper lip erect ; the lower 3-lobed, with the middle lobe largest. Stamens 4, included : anther-cells diverging. Lobes of the style short, obtuse. Nutlets obtuse at the apex. — Chiefly tomentose or woolly perennial herbs, with rugose leaves, and axillary whorls. 28 326 LABIATE. (MINT FAMILY.) 1. M. VUlgare, L. Woolly; stems branching at the base, ascending; leaves petioled, ovate or roundish, crenate, the floral ones smaller, but longer than the capitate many-flowered whorls; calyx-teeth 10, recurved-sprcading ; corolla small, white. — Waste ground and road-sides. Introduced. — Stems l°-2°high. 25. LEONOTIS, K. BROWN. Calyx tubular, 10-nerved, incurved, unequally 8 - 10-toothed ; the teeth straight, spiny, the upper one largest. Corolla slender, 2-lipped ; the upper lip long, arching, entire, the lower very short, 3-cleft, spreading. Stamens 4, ascending under the upper lip : anther-cells diverging. Nutlets 3-angled, trun- cate. — Tall herbs, with very large globose whorls in the axils of the upper leaves. Flowers yellow or scarlet. 1. L. nepetsefolia, R. Br. Annual ; stem tomentose, simple or branched ; leaves remote, long-petioled, broadly ovate, crenate, the floral ones lanceolate ; whorls 1 - several ; calyx 8-toothed ; corolla villous, scarlet. — Waste grounds, Georgia and Florida. June - Aug. Introduced. — Stem 1° - 6° high. Whorls 1' - 2' in diameter. Corolla 1' long. 26. LEONURTJS, L. MOTHERWORT. Calyx top-shaped, 5-nerved, 5-toothed, the teeth spiny and at length spread- ing. Corolla 2-lipped ; the upper lip entire, the lower spreading, 3-lobed, with the middle lobe obcordate. Stamens 4, ascending : anther-cells parallel, naked. Nutlets 3-angled, truncate. — Herbs, with incisely lobed leaves ; the floral ones longer than the dense whorls. Bracts subulate. 1. L. Cardiaca, L. Stem (2° -4° high) square, pubescent; leaves long- petioled, the lower ones round-cordate, palmately lobed and toothed ; the floral ones wedge-shaped, 3-cleft toward the apex; whorls distant, 6- 15-flowered ; corolla villous, purplish, spotted with brown in the throat. — Waste places. Introduced. June -July. 27. STACHYS, L. HEDGE-NETTLE. Calyx tubular-bell-shaped, 5- or 10-nerved, 5-toothed; the teeth equal, or the upper one larger, more or less spiny (in our species), spreading in fruit. Co- rolla hairy within, 2-lipped ; the upper lip erect, the lower spreading, 3-lobed, with the middle lobe much larger. Stamens 4, ascending: anthers 2-celled. Nutlets not truncate. — Chiefly hairy or hispid herbs, with few-flowered whorls in terminal racemes. * Perennial. 1. S. aspera, Michx. Stem erect, with the angles rough with recurved bristly hairs, rarely smoothish ; leaves short-petioled, ovate-oblong or ovatl- lanceolate, acute, serrate, rounded at the base, smooth, or sprinkled with hairs above ; the floral ones longer than the calyx ; whorls 6 - 10-flowered, the lower ones distant ; calyx-teeth spine-pointed. ( S. hispida, Pursh. S. tenuifolia, Willd.) LABIATE. (MINT FAMILY.) 327 — Swamps, South Carolina, and northward. June - Aug. — Stem l£° - 2° high. Leaves 2' -3' long. Corolla purple. 2. S. hyssopifolia, Michx. Smooth or nearly so; stem erect, slender; leaves sessile, lanceolate or linear, obtuse, entire or sparingly serrate ; raceme short, of few 4 - 6-flowered whorls ; calyx smooth, with spiny spreading teeth, $ - £ as long as the smooth violet corolla. — Wet pine barrens, in the middle districts of South Carolina, and northward. June - Aug. — Stem 1° - 1£° high. Leaves l'-2' long. * * Annual. 3. S. Floridana, Shuttl. Smooth or hirsute ; stem slender, erect ; leaves lanceolate or oblong, petioled, or the upper ones sessile, acute or obtuse, serrate, truncate, or the lowest subcordate at the base; whorls few or numerous, distant, 6-10-flowered ; calyx pubescent, with lanceolate-subulate rigid teeth; corolla twice as long as the calyx, purple. (S. annua, Walt. ?) — Low grounds, Middle and South Florida. July. — Stem 10'- 15' high. Leaves 1' long, the lowest shorter than the petiole. 28. ISANTHUS, Michx. Calyx bell-shaped, 10-nerved, 5-cleft. Corolla bell-shaped, equally 5-lobed. Stamens 4, incurved-ascending, exserted : anthers 2-celled. Nutlets obovoid, impressed-reticulated, laterally cohering at the base. — An annual pubescent and somewhat viscid branching herb, with lanceolate entire or sparingly toothed acute leaves, and small pale blue flowers, on 1 -3-flowered axillary peduncles. 1. I. COSruleus, Michx. — Dry soil in the upper districts. July -Aug. — Stem terete, 1° - 1\|° high. Leaves 1'- l£' long, 3-nerved below the middle. 29. TRICHOSTEMA, L. BLUE-CURLS. Calyx short, reversed, oblique, 5-toothed ; the 3 lower teeth long, connate ; the 2 upper ones very short. Corolla slender, nearly equally 5-cleft. Stamens 4, long-exserted, partly coiled : anther-cells diverging. Nutlets pitted, united at the base. — Branching annuals, with entire leaves, and solitary blue flowers on lateral peduncles. 1. T. dichotomum, L. Pubescent and somewhat viscid, or nearly smooth ; stem much branched, obscurely 4-angled ; leaves oblong or lanceolate, obtuse, narrowed into a petiole. (T. lineare, Nutt. is a smoother form, with linear leaves.) — Dry sandy soil, Florida to Mississippi, and northward. Aug. and Sept. — Stem 1° - 2° high. 30. TETJCRIUM, L. GERMANDER. Calyx tubular or bell-shaped, 5-toothed. Corolla 5-lobed ; the 4 upper lobes short, the lowest large, oblong or rounded, concave. Stamens 4, didynamous, the lowest pair longest, exserted between the 2 upper lobes of the corolla : anther-cells confluent. Nutlets rugose. 328 BORRAGINACE^E. (BORAGE FAMILY.) 1. T. Canadense, L. Stem tomentose, erect, simple or branched ; leaves short-petioled, ovate-lanceolate, acute, serrate, pubescent above, white-velvety beneath ; flowers mostly alternate, in a long hoary spiked raceme, longer than the subulate bracts; calyx bell-shaped. (T. Virginicum, L.) — Swamps and low ground, Florida to Mississippi, and northward. July - Sept. 1J. — Stem 2° - 3° high. Leaves 2' - 6' long. Flowers purplish. ORDER 95. BORRAGINACE^. (BORAGE FAMILY.) Herbs or shrubs, with terete or irregularly angled stems, and alternate entire exstipulate mostly rough-hairy leaves. Flowers usually in 1-sided spikes or racemes, which are coiled in the bud. — Calyx free, 5-eleft or 5-parted, valvate in the bud, persistent. Corolla regular (except No. 6), hypogynous, 5-lobed, imbricated or (in Myosotis) convolute in the bud. Stamens 5, equal, inserted on the tube of the corolla and alternate with its lobes. Ovary 4-celled, with a single ovule in each cell. Style single. Fruit various. Albumen scarce or none. Cotyledons flat or folded. Radicle superior. Synopsis. TRIBE I. CORDIEJE. Ovary undivided. Style terminal, twice 2-lobed at the apex. Fruit a 4-celled drupe. Cotyledons folded. Albumen none. — Shrubs. Flowers in heads or spikes. 1. CORDIA. Calyx opening regularly, not circumscissile. TRIBE II. EHRETIEJE. Ovary undivided. Style terminal, 2-lobed at the apex. Fruit a 4-seeded berry. Cotyledons flat. Albumen scanty. — Shrubs. 2. EHRETIA. Style slender. Flowers corymbose. 3. TOURNEFORTIA. Style short. Flowers cymose or spiked. TRIBE III. HEI/IOTROPE.3S. Ovary undivided. Style terminal, simple. Fruit separating into 2 or 4 nutlets. — Chiefly herbs. 4. HELIOTROPIUM. Fruit separating into 4 nutlets, each 1-seeded. 5. HELIOPHYTUM. Fruit separating into 2 nutlets, each 2-seeded. TRIBE IV. BORRAGEJE. Ovary deeply 4-parted, enclosing the base of the simple style. Fruit of 1 - 4 one-seeded nutlets. — Herbs. * Throat of the corolla naked. Nutlets not hispid. •- Corolla irregular. 6. ECHTUM. Corolla funnel-shaped, unequally lobed. •»- -i- Corolla regular. 7. ONOSMODIUM. Lobes of the corolla erect, acute. Nutlets smooth and stony. 8. LITHOSPERMUM. Lobes of the corolla rounded. Nutlets smooth or rugose. 9. MERTENSIA. Lobes of the corolla rounded. Nutlets somewhat fleshy. 10. MYOSOTIS. Lobes of the corolla convolute in the bud. Nutlets smooth. * Throat of the corolla closed with scales. Nutlets hispid. 11. CYNOGLOSSUM. Corolla funnel-shaped. Nutlets depressed. BORRAGINACE^E. (BORAGE FAMILY.) 329 1. COKDIA, Plum. Calyx ovate or bell-shaped, 4 - 5-toothed, not circumsdssilc. Corolla funnel or salver form, 4- 5-lobed. Stamens 4 -5. Ovary entire, 4-celled. Style ter- minal, twice 2-cleft, mostly exserted. Drupe ovate or globose, pulpy, 1-4- seedcd, commonly enclosed in the enlarged calyx. — Trees or shrubs. Leaves toothed or entire. Flowers spiked or capitate, white. 1. C. bullata, L. Rough throughout with white bristly hairs; leaves oblong-ovate, serrate-toothed, rugose, paler beneath, abruptly petioled ; flowers capitate, on peduncles which are shorter than the leaves, and nearly terminal, but elongated and lateral in fruit ; caJyx ovoid, the subulate bristly teeth spread- ing; corolla short, hairy in the throat; stigmas club-shaped; drupe 1 -seeded. — South Florida. — Leaves £' - 1^' long. Heads 4" - 5" in diameter. 2. EHRETIA, L. Calyx tubular, 4 -5-toothed. Corolla salver-form or wheel-shaped, 5-lobed. Stamens 5 : anthers ovate. Ovary entire, 4-celled. Style terminal, 2-cleft at the apex. Berry composed of 2 more or less separable 2-seeded nutlets. — Tropical shrubs. Leaves entire. Flowers corymbose, white. 1. E. Beurreria, L. Smooth ; leaves petiolate, obovats or oblong-obo- vate, entire, mucronate, obtuse, or notched at the apex, paler beneath ; corymb many-flowered, divaricate ; calyx leathery, the teeth acute, pubescent on the margins ; stigmas depressed ; nutlets 4, apparently 2-celled, 1 -seeded, finely furrowed on the back. — South Florida. — A small tree. Leaves l^'-3' long, acute at the base. Flowers white and fragrant. 2. E. Radula, Poir. Stem smooth; leaves obovate, entire, rounded or notched at the apex, tapering at the base into a short petiole, smooth beneath, very rough and at length white-spotted above ; corymb few-flowered ; pedicels minutely bracted and sparingly hispid ; calyx 4 - 5-toothed ; the teeth ovate, acute, pubescent on the margins ; lobes of the corolla rounded, wavy ; stigmas peltate, depressed in the centre ; berry ovate, separable into 4 one-seeded nutlets. — South Florida. — Leaves 1' - 1£' long. Corolla 6" long. 3. TOURNEPOBTIA, L. Calyx 5-parted. Corolla salver-form or wheel-shaped, 5-lobed. Stamens 5, included. Style short, terminal; stigma conical. Berry composed of two 2-seeded nutlets, which are either united or separable, or by abortion 1 - 2-seeded. — Erect or twining shrubs, with entire leaves, and white or yellowish flowers, in 1 -sided bractless often cymose spikes. * Fruit ovate, separable into two 2-seeded nutlets : corolla-lobes ovate, plicate. 1. T. gnaphalodes, B. Br. White-silky throughout ; stem thick, erect; leaves very numerous and imbricated, linear, obtuse, fleshy, tapering to the base ; peduncles axillary ; spikes 2 - 4-parted, dense, recurved ; calyx-lobes oblong, obtuse ; corolla fleshy ; anthers ovate ; berry deeply excavated at the base. — 28* 330 BORRAGINACE^E. (BORAGE FAMILY.) Sea-shore, South Florida. — Shrub 2° - 4° high. Leaves 3' long. Corolla small, white. * * Fruit globose, more or less lobed, composed of I -4 nutlets, each 1-seeded: corolla- lobes narrow, acute. 2. T. VOlubilis, L. Stem twining, and, like the lower surface of the leaves and spikes, tomentose ; leaves ovate or oblong-ovate, petioled, roughish above, paler beneath ; spikes lateral and terminal, very slender, cymose, short- peduncled, spreading ; tube of the corolla contracted in the middle, the lobes linear-subulate ; anthers connivent ; berry small, 1 - 3-seeded. — South Florida. — Leaves 1' - 1\|-' long. Corolla 2" long. 4. HELIOTKOPIUM, Tourn. Calyx 5-parted, persistent. Corolla salver-form, open at the throat, folded between the 5 lobes. Filaments and style very short. Stigma somewhat coni- cal. Fruit separable into four 1-seeded nutlets. — Herbs or shrubby plants. Leaves rarely opposite. Spikes 1-sided. Flowers white or blue. 1. H. Curassavicum, L. Annual, smooth, fleshy; stems at length prostrate and diffuse ; leaves alternate or opposite, lanceolate or linear, obtuse, narrowed at the base ; spikes peduncled, simple or 2-parted, coiled in the bud ; flowers small, sessile, white, bractless ; nutlets smooth. — Saline marshes, Flor- ida to North Carolina. June - Aug. — Stem 6' - 18' long. Leaves 1' - 2' long. — Plant dries black. 2. H. myOSOtoides, n. sp. Annual; stem erect, branched, rough with rigid white appressed hairs ; the young branches hoary ; leaves oblong or lance- olate, obtuse, hispid on both sides, narrowed to the base, the lower ones opposite ; spikes filiform, elongated, 1-sided; flowers short-pedicelled, some of them leafy- bracted, others bractless ; exterior calyx-lobes larger ; corolla minute (£" long), white ; anthers hairy at the apex ; nutlets united, hispid at the apex, with the sides concave. — South Florida. — Stem 4' -6' high. Leaves %' long. Corolla slightly hispid. 5. HELIOPHYTITM, DC. Throat of the corolla bearded, or closed by 5 inflexed folds. Fruit separating into two 2-celled nutlets. Otherwise like Heliotropium. 1. H. Indicu.ni, DC. Annual; stem erect, rough-hairy; leaves oblong- ovate, often cordate, toothed or wavy on the margins, rugose, slightly roughish, decurrent into a long petiole ; spikes hairy, coiled, at length elongated ; corolla blue ; nutlets spreading. — Waste places, Florida to North Carolina. June - Oct. — Stem 1° - 2° high. Leaves 2' - 4' long. Fruiting spike 6' - 9' long. 2. H. parviflorum, DC. Perennial, hirsute; stem erect, branching; leaves lanceolate or oblong, obtuse, entire, tapering into a slender petiole, the lower ones mostly opposite ; spikes slender ; corolla white, bearded in the throat ; nutlets uneven, united. — South Florida. — Stem shrubby at the base, 6' -18' high. Leaves membranaceous, l'-2' long. Corolla 1" long. Spikes 2' -4' long. BORRAGINACE^. (BORAGE FAMILY.) 331 6. ECHIUM, Tourn. , Calyx 5-partcd. Corolla funnel-form, unequally 5-lobed, naked at the throat. Stamens 5, unequal, mostly exserted. Style filiform. Nutlets 4, closed at the base, uneven or rough. — Herbs, with alternate leaves, and blue or purple flow- ers in spiked often panicled racemes. 1. E. vulgare, L. Hispid with bristly spreading hairs ; stem simple, erect (l°-2° high); leaves linear-lanceolate, sessile; flowers large, in short axillary racemose spikes ; corolla purple, pubescent, twice as long as the lanceolate calyx-teeth, shorter than the stamens and style. — Fields, North Carolina. Introduced, June -Aug. (9) 7. ONOSMODIUM, Michx. Calyx 5-parted, the lobes linear and acute. Corolla ovate-tubular, naked in the throat, with five acute, connivent lobes. Anthers nearly sessile, sagittate, included. Ovary 4-parted. Style smooth, exserted. Nutlets 1-4, ovoid, shin- ing. — Erect hispid herbs, with entire somewhat ribbed sessile leaves, and green- ish flowers in a terminal bracted raceme or spike. ^ 1. O. Carolinianum, DC. Rough with spreading white rigid hairs; stem stout, branched ; leaves oblong-ovate ; lobes of the corolla ovate, hairy ; anthers oblong ; calyx-lobes scarcely twice as long as the dull white nutlets. — Dry soil in the upper districts. June. 1J. — Stem 3° -4° high. Leaves 2' -3' long. Racemes leafy. - 2. O. Virginianum, DC. Rough with appressed bristly hairs ; stem slender, sparingly branched; leaves lanceolate or oblong-lanceolate, obtuse or acute ; lobes of the corolla lanceolate-subulate, bristly ; calyx-lobes 3-4 times as long as the white polished nutlets. (O. hispidum, Michx.) — Dry pine barrens, Florida, and northward. May and June. 1J. — Stem l°-2° high. Leaves 2' long. Corolla twice as long as the calyx. Racemes leafy. 8. LITHOSPEEMUM, L. GEOMWELL. Calyx 5-parted, the lobes equal. Corolla funnel or salver form, obtusely 5-lobed, smooth, gibbous or hairy in the throat. Anthers oblong, nearly sessile, included. Stigma capitate, somewhat 2-lobed. Nutlets 1-4, ovate, stony, truncate at the base. — Chiefly rough-hairy herbs, with red roots, alternate entire leaves, and variously colored flowers in leafy-bracted racemes or spikes. * Annual : nutlets roughened. 1. L. arvense, L. Rough with appressed hairs; stem nearly simple, or branched from the base ; leaves lanceolate ; the upper ones sessile and acute, the lower obtuse, tapering at the base ; flowers scattered ; corolla yellowish-white, about as long as the linear-subulate lobes of the calyx ; nutlets 4. — Cultivated grounds and waste places, Florida, and northward. March and April. Intro- duced. — Stem 6' - 1 8' high. Leaves 1 ' - 2' long. BORRAGINACEuE. (BORAGE FAMILY.) # * Perennials : nutlets smooth, white. 2. L. tuberosum, Rugel. Hispid with scattered rigid hairs ; stem erect, branching above ; leaves somewhat 3-nerved ; radical ones large (4' - 6' long)* obovate-oblong, narrowed into a petiole, dotted with white above ; the middle ones oblong, sessile; the floral ones (!' long) elliptical; calyx-lobes linear, as long as the tube of the small yellowish-white corolla, and twice as long as the mostly solitary polished nutlet. — Rocky banks of the Apalachicola and Chipola Rivers, Florida. March and April. — Plant 6' -10' high, increasing in fruit to 2° or more. Roots bearing oblong tubers. 3. L. hirtum, Lehm. Hispid with rigid glossy hairs ; stem mostly sim- ple, erect ; leaves linear-lanceolate, obtuse, sessile ; the lowest scale-like ; the floral ones ovate-lanceolate ; corolla large, yellow ; the tube hairy at the base within, rather longer than the linear calyx-lobes ; nutlets ovate, polished. (Batschia Gmelini, Michx.) — Dry pine barrens, Florida to South Carolina. April and May.— Stem l°-l£° high. Leaves l'-2' long. Corolla 6" -8" long. 4. L. canescens, Lehm. Stem villous, erect, nearly simple ; leaves lan- ceolate, sessile, obtuse, somewhat silky with appressed glossy hairs ; the lowest small and scale-like ; corolla large, yellow ; the tube 2-3 times as long as the calyx. — Dry soil in the upper districts. April and May. — Stem 6' - 12' high. Corolla smaller than in the preceding. 9. MEBTENSIA, Roth. Calyx 5-parted. Corolla funnel-shaped, 5-lobed, naked, or with 5 folds in the throat. Stamens partly exserted. Style filiform. Nutlets somewhat fleshy, not flattened at the base. — Smooth or soft hairy perennial herbs, with entire leaves, and showy purplish-blue flowers in corymbed or panicled racemes, the upper ones bractless. 1. M. Virginica, DC. Smooth; stem erect, simple ; leaves membrana- ceous, elliptical or obovate-oblong, the lower ones narrowed into a petiole ; racemes corymbose ; corolla large, naked and expanding at the throat, slightly lobed ; the tube 4 times^as long as the calyx, villous at the base within ; fila- ments longer than the anthers. (Pulmonaria Virginica, L.) — River-banks and along mountain streams, South Carolina to Tennessee, and northward. May. — Stem l°-2° high. Leaves 2' -3' or the lowest 4' -6' long. Corolla 1' long, sometimes white. 10. MYOSOTIS, L. FORGET-ME-NOT. Calyx 5-cleft. Corolla salver-form, 5-lobed, Convolute in the bud ; the tube as long as the calyx, with 5 obtuse appendages in the throat. Stamens very short, included. Nutlets 4, elliptical, compressed, smooth, with a minute scar at the base. — Low hairy herbs, with entire alternate leaves, and small white or blue flowers in terminal bractless racemes HYDROPHYLLACE.E. (WATERLEAF FAMILY.) 333 1. M. laxa, Lchm. Smooth, or slightly roughened with appressed scat- tered hairs ; stem weak, slender, creeping at the base, branching ; leaves lance- olate, obtuse, the lowest spatulate ; racemes elongated in fruit ; flowers distant, on widely spreading pedicels ; calyx hispid with straight hairs, the teeth equal and obtuse ; corolla pale blue. — Low grounds, Florida to Mississippi, and northward. May. Q) — Stem 1° high. Leaves 1 '- 1 %' long. 2. M. verna, Nutt. Hirsute with rigid spreading hairs ; stem erect (4' - 8' high), branching above; leaves lanceolate, sessile; the lower ones spatulate, ob- tuse ; calyx longer than the appressed pedicel, hispid, with the hairs near the base hooked ; the teeth unequal, acute. — Var. MACROSPERMA is every way larger (1°- l£° high) ; calyx with all the hairs hooked, the lower teeth twice as long as the upper ones. — Dry places in the upper districts, and northward; the variety, Florida, and westward. March and April. © — Corolla white or pale blue. 11. CYNOGLOSSTJM, Tourn. HOUND'S-TONGUE. Calyx 5-parted. Corolla funnel-form, with the throat closed with 5 obtuse scales. Stamens included. Nutlets 4, fixed near the apex to the base of the style, covered all over with barbed or hooked bristles, — Racemes with the lower flowers commonly bracted, the upper ones bractless. 1. C. Officinale, L. Yillous; stem leafy, branched above ; leaves lanceo- late or oblong, acute ; the upper sessile, the lowest tapering into a long petiole ; racemes hoary, nearly bractless ; nutlets flattened anteriorly and slightly mar- gined ; corolla reddish- violet. — Waste grounds, North Carolina, and northward. Introduced. — Stem l£° - 2° high. 2. C. Virginicum, L. Hispid ; stem simple, stout, naked above ; leaves oval or oblong ; the lowest petioled, the upper auriculate and clasping ; racemes single or corymbose, bractless ; pedicels slender, recurved in fruit ; nutlets rounded anteriorly ; corolla pale blue. — Dry soil, Florida to Mississippi, and northward. May and June. — Stem 2° -3° high. Lowest leaves 6' -9' long. Nutlets 1-4. 3. C. Morisoni, DC. Hairy ; stem erect, rather slender, widely branched ; leaves lanceolate-oblong, acute; the lowest tapering into a petiole; racemes numerous, slender, villous, bracted; pedicels short, recurved in fruit; corolla small, about as long as the calyx, white or pale blue. (Myosotis Virginiana, Pursh.) — Dry woods in the upper districts of South Carolina and northward. June and July. — Stem 2° - 3° high. ORDER 96. HYDROPHYLLACEJE. (WATERLEAF FAMILY.) Herbs, with alternate or (the lowest) opposite palmately or pinnately divided leaves, and regular flowers, either solitary in the axils, or in 1-sided recurved spikes or racemes. — Calyx 5-parted, persistent; the 334 HYDROPHYLLACE^. (WATERLEAF FAMILY.) lobes imbricated in the bud, and often with reflexcd appendages in the sinuses. Corolla obtusely 5-lobed, convolute or imbricated in the. bud. Stamens 5, inserted into the base of the corolla, and alternate with its lobes : anthers versatile. Ovary free, 1-celled, with 2 parietal placentae, each bearing 2 or more amphitropous ovules. Style slender, 2-cleft. Capsule globose or oblong, loculicidally 2-valved. Seeds reticulated. Embryo small in the axis of hard albumen. Synopsis. * Lobes of the corolla convolute in the bud. 1. HYDROPHYLLUM. Calyx without appendages. Stamens exserted. Stems erect. 2. NEMOPHILA. Calyx appendaged at the sinuses. Stamens included. Stems prostrate. * * Lobes of the corolla imbricated in the bud. 3. PHACEL1A. Calyx without appendages. Capsule 4 -many-seeded. 1. HYDROPHYLLUM, L. WATERLEAF. Calyx 5-parted, the lobes subulate; without appendages. Corolla broadly tubular, 5-cleft, about as long as the calyx, with 5 linear appendages on the tube within, opposite the lobes. Stamens and style exserted : anthers linear. Ovary hispid. Placentae 2, thick and fleshy, connected with the pericarp at the base and apex ; each 2-ovuled. Style filiform, 2-clcft. Capsule globose, 2-valved, 1-4-seeded. — Erect perennial mostly hairy herbs, with long-petioled pinnately or palmately divided leaves, and white or blue flowers in peduncled cymes, without bracts. 1. H. Virginicum, L. Stem leafless below, sprinkled, like the leaves, with rigid hairs ; leaves pinnately divided into 5-7 ovate cleft or toothed lobes, paler beneath ; peduncles forking, longer than the petioles ; cymes dense ; calyx- lobes linear, hispid ; filaments slightly hairy. — Low woods along the mountains, Georgia, and northward. June. — Stem l°-2° high. » 2. H. Canadense, L. Smoothish ; leaves orbicular-cordate, palmately 5 - 7-lobed, sharply toothed ; cymes dense, on forking peduncles which are shorter than the petioles ; calyx-lobes sparingly hispid ; filaments densely bearded. — Mountains of North Carolina, Tennessee, and northward. June. — Stem 1° high. Leaves 3' -5' in diameter. Corolla white. 2. NEMOPHILA, Nutt. Calyx 5-parted, with reflexed appendages in the sinuses. Corolla tubular or short bell-shaped, with 10 scale-like appendages at the base of the filaments. Stamens included : anthers ovoid. Ovary hispid, 2- 12-ovuled. Placentae large, lining the walls of the pericarp. Style 2-parted. Capsule globose, 1 - 2-seeded. — Tender prostrate annual herbs, with divided leaves, and solitary long pedun- cled flowers opposite the leaves. 1. N. mierocalyx, Fisch. & Meyer. Pubescent, or at length smoothish ; stem filiform, diffuse ; leaves thin, long-petioled, alternate, 3-lobed ; the lobes HYDROPHYLLACE^E. (WATERLEAF FAMILY.) 335 obovate or wedge-shaped, crcnately toothed ; the lowest ones mostly opposite, and O- 5-lobed ; flowers minute, white, on slender spreading peduncles, which are shorter than the petioles ; ovary 4-ovuled ; capsule 1 - 2-seeded. — Shady woods, Florida, Georgia, and westward. April -June. — Stem 3'-l° long. Leaves $'- I' long. Corolla 1" long. Seeds bony. 3. PHACELIA, Juss. Calyx 5-parted, not appendaged in the sinuses. Corolla bell-shaped, 5-lobed, imbricated in the bud. Stamens included or exserted : anthers ovoid or oblong. Ovary 2 - many-ovuled ; the 2 narrow placentae often projecting inwards, and forming an imperfect partition in fruit. Style 2-cleft. Capsule 2-valved, 4 - many-seeded. — Low chiefly annual herbs, with alternate mostly pinnately divided leaves, and white or blue flowers in one-sided racemes. § 1 . PHACELIA. — Ovules and seeds 4 : corolla variously appendaged within, the lobes entire. 1. P. bipinnatifida, Michx. Hairy; stem erect, much branched ; leaves long-petioled, 3 - 5-lobed, with the lobes oblong-ovate, acutely toothed ; the lower ones short-stalked, the upper confluent ; racemes loosely many-flowered, gland- ular ; pedicels slender, recurved in fruit ; calyx-lobes linear, hispid ; stamens bearded below, equalling or longer than the corolla. — Shaded banks, Alabama to North Carolina. May and June. — Ste.m 6' - 12' high. Corolla blue, £' wide. § 2. COSMANTHUS. — Ovules and seeds 4 : corolla not appendaged within, the lobes fimbriale : filaments hairy below. 2. P. Pursh.il, Buckley. Stems erect or ascending, clustered, smooth or hairy, branched ; leaves hirsute ; the lower ones petioled, almost pinnate, the upper clasping, pinnatifid, with the lobes acute ; racemes many-flowered ; calyx- lobes lanceolate-linear, bristly-ciliate ; corolla blue. (P. fimbriata, Parsh.) — Shady banks, North Carolina, Tennessee, and northward. May and June. — Stem 8f - 1 2' high. Corolla £' wide. 3. P. fimbriata, Michx. Smoothish or slightly hairy; stems spreading or ascending ; leaves few, the lowest petioled, with 3-5 roundish leaflets ; the upper ones pinnately 5 - 7-lobed, with the lobes obtuse ; racemes 3 - 10-flowered ; calyx-lobes linear-oblong, obtuse ; corolla white. — High mountains of North Carolina, Michaux, Buckley. May. — Stems 5' - 8' long. § 3. EOTOCA. — Ovules more than 4 : corolla usually with minute appendages within, the lobes entire. 4. P. parviflora, Pursh. Pubescent ; stems several, spreading, branching ; leaves petioled ; the lowest 3 - 7-lobed, the upper 3-parted ; racemes loosely 5 - 15-flowered; pedicels slender, much longer than the calyx; calyx-lobes linear- oblong, bristly-ciliate ; corolla small, pale-blue or white. — Shady banks, North Carolina, and northward. April and May. — Stems 3' -8' high. Corolla 3f/- 4" wide. Capsule few-seeded. 5. P. pusilla, Buckley. Pubescent and somewhat glaucous ; stems as- cending, branched ; leaves sessile, pinnatifid, the segments obovate, abruptly 336 HYDROLEACE.E. (HYDROLEA FAMILY.) acuminate ; pedicels short or elongated ; sepals linear-oblong, acute, two thirds the length of the pale blue or white corolla ; stamens exseited. — Prairies of Alabama, Buckley. April. ORDER 97. HYDROLEACE^E. (HYDROLEA FAMILY.) Glandular-pubescent or bristly herbs, with entire alternate leaves. Flowers regular, axillary and solitary or clustered, or in terminal corymbs or coiled bracted spikes. — Calyx 5-parted. Corolla somewhat bell- shaped, 5-lobed, imbricated in the bud. Stamens 5, inserted on the tube of the corolla, and alternate with its lobes, the filaments oftener hairy. Styles 2, separate : stigmas capitate. Ovules numerous, anatropous. Capsule many-seeded, more or less 2-celled by the meeting of the 2 pari- etal placentae, 2- or rarely 4-valved, opening through the middle of the cells, or at their margins. Embryo straight, in fleshy albumen. 1. HYDROLEA, L. Calyx 5-parted. Corolla short, bell-shaped, 5-cleft; the lobes spreading. Stamens somewhat exserted, with the filaments dilated at the base : anthers sagittate. Styles 2 (rarely 3), separate. Capsule globose, 2-celled, or imper- fectly 4-celled by the introversion of the placentae, 2-valved. — Herbs, grow- ing in water or muddy places, with entire leaves, often with spines in their axils, and blue axillary or corymbose flowers. 1 H. COrymbOSa, Ell. Spineless ; stem erect, hirsute, and branching above; leaves ovate-lanceolate, sessile; the veins and margins slightly pubes- cent ; flowers in a close terminal corymb ; calyx-lobes lanceolate, acute, hispid, J as long as the corolla. — Pine-barren ponds, in St. Stephen's, South Carolina, Elliott. July and Aug. — Stem 2° high, creeping at the base. Leaves I'-l^' long. Corolla " azure, with yellowish veins and 5 white spots near the base." Capsule 2-valved. 2. H. quadrivalvis, Walt. Spiny; stem ascending from a creeping base, hispid, mostly simple ; leaves lanceolate, acute, pubescent on the veins, tapering into a petiole ; flowers axillary, the lower ones clustered, the upper sol- itary, short-peduncled ; calyx-lobes linear, nearly as long as the corolla ; sta- mens included ; capsule almost 4-celled, by the introversion of the placenta?, 2-valved. — Pools and muddy banks of streams, Florida to North Carolina, and westward. July and Aug. — Stem 1° - 3° long. Leaves 3'- 4' long 2. NAMA, L. Calyx 5-parted. Corolla tubular-funnel-shaped, 5-cleft. Stamens included, the filaments equal : anthers reniform. Ovules numerous, anatropous, pendulous. Styles 2, distinct. Capsule oblong, many-seeded, seemingly 2-celled by the meeting of the placenta at the axis, 2- or at length 4-valved. Seeds pitted. — POLEMONIACE^E. (POLEMONIUM FAMILY.) 337 Diffuse, hairy herbs, with alternate, entire leaves, and axillary and terminal sin- gle, clustered, or cymose purple or white flowers. 1. N. Jamaicensis, L. Pubescent; stems prostrate, diffusely branched, angled or slightly winged by the decurrcnt leaves ; leaves spatulate-obovate, obtuse, tapering into a petiole ; flowers solitary or 2 - 3 together, short-pedtm- cled ; calyx-lobes linear, ciliate, as long as the corolla ; capsule oblong, splitting loculicidally into 2 valves, and at length septicidally into 4 valves, leaving the 2 placenta? free. — South Florida. — Stem 12' -18' long. Leaves £'-!' long. Corolla small, purple, ciliate. Capsule 4-angled, smooth. ORDER 98. POLEMONIACEJE. (POLEMONIUM FAMILY.) Chiefly herbs, with opposite or alternate leaves, and regular solitary or cymose flowers. — Calyx 5-cleft or 5-parted, with rnembranaceous-mar- gined lobes, imbricated in the bud. Corolla 5-lobed, convolute or (in No. 4) imbricated in the bud. Stamens 5, inserted on the tube of the corolla. Ovary 3-celled, with 3 - many amphitropous ovules attached to the cen- tral placenta. Style 3-cleft. Capsule 3-celled, loculicidally 3-valved. Seeds angular. Embryo straight in the axis of copious albumen. Cotyle- dons leafy. Radicle inferior. t Synopsis. TRIBE I. POLEMONIE^E. —Lobes of the corolla convolute in the bud. Anther-cells parallel, opening lengthwise. 1. PHLOX. Corolla salver-form. Filaments unequally inserted on the tube. Leaves entire. 2. GILIA. Corolla tubular-funnel-shaped. Filaments equally inserted near the throat of the corolla. Leaves pinnately divided. 3. POLEMONIUM. Corolla short-bell-shaped. Filaments inserted on the throat of the co- rolla. Leaves pinnate. TRIBE II. DIAPEJVSIEJE. — Lobes of the corolla imbricated in the bud. Anther-cells opening transversely. 4. PYXIDANTHERA. Anther-cells awned at the base. Leaves entire. Flowers solitary. 1. PHLOX, L. Calyx cylindrical or bell-shaped, 5-cleft. Corolla salver-form, with a long and slender tube, and obovate or roundish lobes. Stamens 5, included, unequally inserted on the tube. Style filiform. Ovules solitary in the cells. Capsule ovoid, 1 -3-seeded; the valves at length separating from the central placenta. Seeds erect. — Mostly perennial herbs, with opposite or (the upper) alternate entire leaves, and showy purple or white flowers in terminal panicled cymes. § 1. Stems herbaceous, erect or ascending. Style long, filiform: calyx-teeth lanceolate-subulate, not awn-pointed (except in No. 1 ) ; lobes of the corolla entire. 1. P. paniculata, L. Smooth; stem tall, branched above; leaves ovate- lanceolate, acute or acuminate, the upper ones often cordate ; cymes numerous, 29 338 POLEMONIACE^E. (POLEMONIUM FAMILY.) close-flowered, forming a corymbose or pyramidal panicle; calyx-teeth Iqng, bristle-pointed ; lobes of the corolla round -obovate. (P. undulata, Pursh. P. cordata, Ell. ?) — Var. ACUMINATA. (P. acuminata, Pursh.} Leaves acuminate at each end, the lower surface, like the stem, pubescent ; calyx-lobes shorter. — Rich woods in the upper districts of Georgia, and northward. June and July. — Stem 2° - 4° high. Leaves 2' - 4' long, thin, strongly veined beneath, the primary veins uniting within the margins. Corolla purple or white. 2. P. maculata, L. Stem erect, pubescent and roughish, especially above, rarely branched, often spotted with purple ; leaves rather rigid, lanceolate, acute ; the lowest often linear and elongated, the upper broader and rounded at the base, rough on the margins ; cymes closely many-flowered, lateral and terminal, form- ing an oblong or pyramidal panicle ; calyx-lobes straight, acute ; tube of the corolla slender, curved ; the lobes obovate. (P. pyramidalis, Smith. P. suaveo- lens, Ait.) — Var. NITIDA. (P. nitida, Ell?) Stem rigid, rough; leaves nu- merous, uniform, ovate-oblong, mostly cordate at the base ; calyx-lobes acuminate. — Low woods, Florida to Mississippi, and northward. June and July. — Stem 2° - 3° high. Leaves 2'- 4' long. Corolla purple or occasionally white. 3. P. Carolina, L. Smooth ; stem (1° high) erect or ascending, sparingly branched ; leaves varying from ovate to lanceolate, acute or acuminate, the upper ones often rounded or slightly cordate at the base ; panicle corymbose, few-flow- ered ; calyx-fcbes lanceolate, short-acuminate. (P. triflora, Michx.?) — North Carolina, Bentham. 4. P. glaberrima, L. Smooth ; stem erect or ascending, sparingly branched above ; leaves lanceolate or linear, acute, the lower tapering to the base, the upper broader and rounded at the base ; cymes usually 3, terminal, few-flowered ; calyx- lobes lanceolate, acute; corolla large, with the lobes wedge-obovate. — Moun- tains of North Carolina and Tennessee, and northward. July. — Stem l°-2° high. Leaves 3' - 4' long. Pedicels as long as the calyx. Corolla 1' long, pale purple. 5. P. reptans, Michx. Pubescent or smoothish ; stem low, slender, simple, bearing long runners at the base. Stem-leaves few, distant, lanceolate, rather obtuse ; the radical ones and those on the runners larger, spatulate or obovate, pctioled ; cyme terminal, few-flowered ; calyx-lobes linear-subulate, much shorter than the spreading or recurved pedicels ; corolla-lobes obovate, shorter than the slender straight tube ; anthers slightly exserted. — Damp shady woods near Washington, Wilkes Co., Georgia, and northward along the mountains. May and June. — Stem 6' -10' high. Leaves 6" -8f/ long/ the radical ones l'-3' long. Corolla 1' long, purple. * * Style short, scarcely longer than the ovary : calyx-teeth linear-subulate, tapering into an awn-like point : lobes of the corolla often notched: stems pubescent. 6. P. divaricata, L. Softly pubescent and more or less glandular ; stems ascending from a decumbent base, simple ; leaves distant, lanceolate or ovate- lanceolate, rather acute, mostly rounded at the base ; cymes corymbose, loosely- flowered ; lobes of the corolla obovate, notched or entire, as long as the tube, and twice as long as the calyx. — Woods and banks, Florida to Mississippi, and POLEMONIACEvE. (POLEMONftJM FAMILY.) 339 northward. April and May.— Stem 1° high. Leaves !'-!£' long. Corolla 6" -9" long, pale bluish-purple. 7. P. Walter!. Softly pubescent or villous ; stem low, ascending, simple ; leaves linear-lanceolate, rather acute, sessile, erect ; the lower ones approximate, the upper distant and often alternate ; cymes terminal, compact, leafy-bracted ; corolla-tube longer than the obovate lobes, and twice as long as the straight barely awned ciliate calyx-teeth. (P. pilosa, var. Waited, Gray. P. pilosa, Walt., Ell. P. glutinosa, BucU. ?) Dry gravelly hills and pine barrens, Florida, and north- ward. April and May. — Stem 6' -12' high. Leaves 1' long. Corolla bright purple, sometimes white, the tube 6" - 8" long. 8. P. pilosa, L. Pubescent or villous ; stem erect, mostly branching ; leaves linear, or linear-lanceolate, spreading, distant, acute, the uppermost rounded at the base ; cymes corymbose, loose-flowered ; calyx-teeth \| as long as the tube of the corolla, prolonged into long and spreading bristle-like points, hairy. (P. aristata, Michx.) — Dry woods, Florida, and northward. April and May. — Stem rather slender, 1 ° - 1 £° high. Leaves 2' - 4' long. Corolla £' long, purple. 9. P. Floridana, Benth. Stem erect, simple, closely pubescent; leaves uniform, linear-lanceolate, acute, spreading or recurved, the upper ones often al- ternate ; cymes crowded or corymbose ; calyx-teeth spreading, somewhat bristle- pointed, glandular-pubescent, J-£ as long as the tube of the large corolla. — Dry open woods, Middle Florida. May. — Stem l£° - 2° high. Leaves 2' - # long. Corolla 1' broad, pale purple, the lobes round-obovate and entire. § 2. Stems shrubby, tufted, creeping : leaves subulate, rigid, leafy in the axils : style short. 10. P. subulata, L. Pubescent; flowering stems erect; leaves very nu- merous, the upper ones linear and mostly alternate ; calyx-teeth subulate, erect, spiny-pointed ; lobes of the corolla notched or entire. (P. setacea, L. P. Hent- zii, Nutt.) — Sandy pine barrens, Florida to Mississippi, and northward. April and May. — Stems 4' -12' long. Leaves 4" -6" long. Corolla £'- 1' broad, purple or white. P. DRUMMONDII, Hook., is an annual species, common in gardens. 2. GILIA, Ruiz and Pavon. Calyx tubular or bell-shaped, 5-cleft. Corolla funnel-shaped, 5-lobed. Sta- mens inserted equally near the mouth of the corolla. Ovules commonly numer- ous in the cells. Capsule oblong or obovoid. Seeds angled or compressed. — Herbs, with finely divided leaves, and showy flowers. 1. G. COronopifolia, Pers. Stem tall, simple, pubescent or hairy, very leafy ; leaves pinnately divided into many filiform very acute segments ; flowers scarlet, crowded in a long compound raceme or narrow panicle ; corolla tubular- funnel-shaped, with the oval-oblong obtuse lobes about J as long as the tube ; stamens exserted. (Cantua Floridana, Nutt.?) — Dry sandy soil, Florida to South Carolina, and westward. July, (g) — Stem 2° -4° high. Corolla 1' long, yellow and spotted with red within. 340 CONVOLVULACE^:. (CONVOLVULUS FAMILY.) 3. POLEMONIUM, L. Calyx bell-shaped, 5-cleft. Corolla short-bell-shaped, 5-lobed. Stamens 5, declined, inserted equally on the throat of the corolla, with a hairy appendage at the base of the filaments. Ovules numerous in the cells. Capsule ovoid. Seeds angled. — Herbs, with alternate pinnately divided leaves, and blue or white flowers in a nearly bractless corymb. 1. P. reptans, L. Smooth; stem weak, diffusely branched; leaves peti- oled, pinnate, with 5-13 lanceolate or elliptical entire leaflets ; corymbs pedun- cled, few-flowered ; flowers nodding ; calyx-lobes ovate, acute ; corolla blue ; anthers white. — Shady mountain woods, South Carolina, and northward. April and May. 1J. — Stem £° - 1° high. Leaflets % - 1£' long. Calyx enlarged in fruit. 4. PYXIDANTHERA, Michx. Calyx 3-bracted, 5-sepalous. Corolla bell-shaped, 5-lobed ; the lobes rounded, imbricated in the bud. Stamens broad, adnate to the tube of the corolla : anther- cells roundish, awned at the base, opening by a transverse line. Ovules 5-8 in each cell. Capsule few-seeded. — A small creeping shrub, with ascending very leafy branches. Leaves evergreen, linear, bearded at the base, the upper ones alternate. Flowers solitary, terminal. Sepals oblong, obtuse, ciliate. Corolla small, white. 1. P. barbulata, Michx. (Diapensia, Ett.) — Dry pine barrens, North Carolina, and northward. April and May. — Stems 3' - 6' long. Leaves 2" - 3" long. ORDER 99. CONVOL.VUL.ACEJE. (CONVOLVULUS FAMILY.) Chiefly twining or prostrate herbs, with alternate exstipulate leaves, and regular mostly showy and fugaceous flowers. — Calyx 5-sepalous, im- bricated. Corolla bell-shaped, funnel-shaped, or salver-form, 5-plaited or 5-lobed, convolute in the bud. Stamens 5, inserted on the tube of the corolla : anthers 2-celled, sagittate. Ovary free, single or double, 1-4- celled, with 1-2 erect anatropous ovules in each cell. Styles 1 or 2, entire or 2-cleft. Stigmas capitate, ovate, or acute. Capsule 2 - 6-seeded. Embryo large, coiled or curved in mucilaginous albumen. Synopsis* TRIBE I. CONVOY VUIiEJE. — Ovary single. Embryo with leafy cotyledons. Cap- sule opening by valves. — Flowers axillary, single or cymose. * Style single. Stigmas globose. 1. QTTAMOCLIT. Capsule 4-celled, 4-seeded. Corolla (red) salver-shaped. Stamens ex- serted. 2. BATATAS. Capsule 4-celled, 4-seeded. Corolla bell-shaped. Stamens included. CONVOLVULACE^E. (CONVOLVULUS FAMILY.) 341 8. PHARBITIS. Capsule 3-celled, the cells 2-seeded. Corolla bell-shaped. 4. IPOMCEA. Capsule 2-celled, the cells 2-seeded. Corolla bell- or funnel-shaped. Stamens mostly included. * * Style single. Stigmas ovate or cylindrical. 5. JACQUEMONTIA. Capsule 2-celled, 4-seeded. Stigmas ovate, flattened. 6. CALYSTEGIA. Capsule imperfectly 2-celled, 4-seeded. Stigmas cylindrical. Calyx in- cluded in the membranaceous bracts. * * * Styles 2, separate or partly united. Ovary 2-celled. 7. EVOLVULUS. Styles separate, 2-parted or 2-cleft. 8. STYLISMA. Styles separate or partly united, entire. TRIBE II. DICHONDRE^l. — Ovary double. Embryo -with cotyledons. Capsule utricular, 1-seeded. — Stems creeping. 9. DICHONDRA. Corolla bell-shaped. Stigmas thick. Peduncle 1-flowered. TRIBE III. CTJ SCUTES. --Ovary single. Embryo destitute of cotyledons. Capsule closed. 10. CUSCUTA. Twining parasites, with scale-like leaves. Styles 2. 1. QUAMOCLIT, Tourn. CYPRESS- VINE. Sepals 5. Corolla salver-form, 5-plaited, with the tube elongated. Stamens inserted at the base of the tube, dilated at the base,,exserted. Ovary 4-celled. Style single : stigma globular, 2-lobed. Capsule 4-valved, 4-seeded. — Twining annual herbs, with cordate entire or pinnatifid leaves, and red flowers, on axil- lary peduncles. 1. Q. COCCinea, Moench. Leaves petioled, cordate, acuminate, angled at the base ; peduncles as long as the petioles, 3 - 5-flowered j sepals awned ; co- rolla slightly lobed, scarlet. (Ipomoea coccinea, Z.) — Cultivated ground, in the middle and upper districts, and northward. July and Aug. — Corolla 1' long, sometimes yellowish. 2. Q. vulgaris, Chois. Leaves pinnatifid, with long and linear segments ; peduncles 1 - 3-flowered, the pedicels much thickened upward ; sepals ovate or oblong, awnless. — Spontaneous near gardens. July - Oct. 2. BATATAS, Chois. Sepals 5 Corolla bell-shaped, the limb 5-plaited, spreading. Stamens slightly dilated at the base, included. Ovary 4-celled. Style simple : stigma globular, 2-lobed. Capsule 4-celled, 4-seeded. — Trailing or twining herbs, with entire or lobed leaves. Peduncles axillary, 1 - several-flowered. 1. B. littoralis, Chois. Smooth and fleshy; stem prostrate, creeping; leaves oval or oblong, cordate, notched at the apex, entire or hastate-lobed, the lateral lobes entire or 2-cleft ; peduncles as long as the petioles, 1-flowered ; bracts subulate ; sepals oblong, mucronate ; corolla obscurely lobed, white, the tube yellowish. (Convolvulus obtusilobus, Michx.) — Drifting sands along the coast, Florida to South Carolina. May - Sept. 1J. — Leaves 1' - 2' long. Co- rolla 2' long. B. EDULIS, Chois., includes the different kinds of the cultivated SWEET POTATO. 29* 342 CONVOLVULACE^J. (CONVOLVULUS FAMILY.) 3. PHARBITIS, Chois. MORNING-GLORY. Sepals 5. Corolla bell-shaped or funnel-shaped, 5-plaited. Stamens dilated at the base, included. Style simple : stigma globose. Capsule 3 -4-celled, 3 - 4-valved, 6 - 8-seeded. — Twining herbs, with petioled cordate entire or lobed leaves, and single or cymose blue or purple flowers, on axillary bracted pe- duncles. 1 . P. hispida, Chois. Annual ; stem glandular-roughened and hairy ; leaves entire, round-cordate, acuminate ; peduncles mostly longer than the leaves, 3 - 5-flowered ; sepals ovate-lanceolate, acute, mostly hairy ; corolla showy, blue, purple, or variegated. (Convolvulus purpureus, L.) — Around dwellings. In- troduced. June - Sept. 2. P. Nil, Chois. Annual, hairy ; leaves membranaceous, broadly cordate, 3-lobed, the lobes acuminate ; peduncles shorter than the leaves, 2 - 3-flowered ; sepals densely hispid, ending in a long subulate point ; bracts linear ; corolla purple. (Convolvulus Nil, L.) ~ Cultivated ground, Florida, and northward. July- Sept. — Corolla l£' long, 4. IPOMCEA, L. MORNING-GLORY. Sepals 5. Corolla bell-shaped or funnel-shaped, 5-plaited. Stamens dilated at the base, included (except No. 8). Ovary 2-celled, rarely imperfectly 4-celled. Style simple : stigma capitate, 2-lobed. Capsule 2-celled, 2 -4-valved, 4-seeded, or, by abortion, 1 - 3-seeded. Seeds smooth or hairy. — Twining or trailing rarely erect herbs, with cordate or sagittate entire or variously lobed leaves, and showy white or purple flowers on axillary peduncles. * Flowers crowded in a leafy-bracted capitate cyme : corolla small, bell-shaped. 1. I. tamnifolia, L. Hairy ; stem erect or twining ; leaves cordate-ovate, acuminate, somewhat plicate with impressed parallel veins ; peduncles longer than the petioles ; lower bracts longer than the many-flowered heads ; sepals subulate, bristly, nearly as long as the blue corolla ; stigmas distinct ; capsule depressed, somewhat 4-sided. — Cultivated ground, Florida to South Carolina, and west- ward. July - Oct. (3) — Stem 1° -4° long. Corolla £' long. * * Flowers solitary, or few in an open cyme. M- Corolla bell-shaped : leaves orbicular : stems prostrate. 2. I. Pes-Caprse, Sweet. Smooth and fleshy ; stem prostrate ; leaves petioled, orbicular, or slightly notched at the apex, parallel-veined ; peduncles 1 - 3-flowered, the ovate bracts minute ; sepals oval or oblong, obtuse, mucro- nate; tube of the corolla very short. (I. orbicularis, Ell.) — Drifting sands along the coast, Florida and Georgia. Aug. - Oct. 1J. — Leaves 2' long. Co- rolla 2' long, purple. ^_ -H. Corolla (mostly small) bell-shaped: capsule hairy: seeds smooth or nearly so: stems slender, twining: leaves petioled, cordate, entire or 3-lobed: stamens included. 3. 1. commutata, R. & S. Stem pubescent or hairy ; leaves thin, cor- date, acuminate, entire, angled or 3-lobed, the lateral lobes acute or sometimes CONVOLVULACE^E. (CONVOLVULUS FAMILY.) 343 2-cleft, sprinkled with hairs on both sides ; peduncles 4-angled, about as long as the filiform petioles, 1 - 5-flowered ; bracts small, subulate ; corolla purple, 4-5 times as long as the ovate-lanceolate acuminate ciliate sepals ; capsule globose, 4-valved, shorter than the calyx. (I. trichocarpa, Ell.} — Margins of swamps, and cultivated grounds, Florida to North Carolina, and westward. Aug. - Oct. —Leaves !'-!£' long. Corolla l£' - 2' long. 4. I. triloba, L. ? Stem slender, hairy ; leaves cordate, abruptly atten- uated, but obtuse at the apex, entire or hastate-lobed, with the lateral lobes rounded, smooth below, slightly hairy above ; peduncles 3-flowered, longer than the leaves ; bracts subulate ; corolla small, purple, twice as long as the oblong, acute, hairy sepals ; capsule globose ; seeds slightly pubescent on the angles. — South Florida. — Leaves 1' - 1£' long. Corolla ^' long. 5. I. lacunosa, L. Stem and leaves smoothish ; leaves cordate, obtuse or acuminate, entire or 3-lobed ; peduncles 1 - 3-flowered, shorter than the leaves, often shorter than the petioles ; corolla small, white, twice as long as the ovate- lanceolate acuminate ciliate sepals ; capsule globose, slightly hairy. — Low grounds, in the middle districts of Georgia, and westward. Aug. - Oct. — Ca- lyx and corolla commonly longer than the preceding. -t- -t- -i- Corolla large, funnel-shaped, the tube elongated : capsule smooth : seeds often woolly : stems elongated : leaves cordate, petioled, entire or 3-lobed. 6. I. pandurata, Meyer. Stem twining, smoothish ; leaves cordate, acu- minate, but scarcely acute, entire or fiddle-shaped, more or less pubescent above, paler and smooth beneath ; peduncles commonly longer than the petioles, 1-6- flowered ; bracts minute ; sepals smooth, oblong-ovate, obtuse, mucronate, the two outer ones shorter ; corolla white, with pointed lobes, the tube purple within. — Var. HASTATA. Stem mostly prostrate ; leaves hastately 3-lobed, the lateral lobes rounded ; peduncles mostly 1-flowered, longer than the leaves ; inner sepals acute. — River-banks and margins of swamps, the var. in sandy pine barrens, Florida to Mississippi, and northward. Aug. -Oct. 1J. — Root tuberous, very large. Corolla 3' long. Capsule globose. Seeds woolly on the angles. - 7. I. Michauxii, Sweet. Stem pubescent, stout ; leaves membranaceous, deltoid, cordate but decurrent on the petiole, obtuse, plaited by the strong im- pressed veins, wavy on the margins, slightly roughened above, hoary-pubescent beneath ; peduncles 1- 5-flowered; sepals thick, oblong, obtuse, tomentose ; co- rolla pubescent, white tinged with purple, notched at the angles of the limb, and bright purple on the tube within ; capsule ovate, pointed, 2-valved ; seeds very silky. (I. macrorhiza, Michx.}— Light sandy soil, Florida to South Carolina, along the coast. July - Sept. y. — Root very large. Leaves 3' - 5' long, occa- sionally 3-lobed. Corolla 3' -4' long, opening at night. Ovary imperfectly 4-celled. 8. I. Bona-Nox, L. Smooth ; leaves membranaceous, cordate, acumi- nate, entire, long-petioled ; peduncles very stout, 5 - 7-flowered, longer than the leaves ; sepals ovate, obtuse ; the 2 outer ones prolonged in a long filiform ap- pendage ; corolla white, almost salver-form ; the tube very long and slender ; stamens and style partly exserted ; capsule ovate, pointed with the conical per- 344 CONVOLVULACE^:. (CONVOLVULUS FAMILY.) sistent base of the style. (Calonyction speciosum, Chois.} — South Florida. — Stem sometimes prickly. Leaves 2' -3' long. Tube of the corolla 3' - 4' long, l"-2" in diameter. 9. I. sagittifolia, Bot. Reg. Smooth and somewhat fleshy ; stem slender; leaves sagittate, lanceolate or linear ; the lateral lobes long, spreading, acute ; peduncles 1 - 3-flowered, club-shaped, shorter than the leaves, minutely bracted ; sepals oval, rounded and purple at the apex, shorter than the ovate 4-valved pointed capsule ; seeds silky on the angles; corolla bright purple. (C. sagitti- folius, Michx.) — Salt marshes, Florida to North Carolina. July -Sept. 1J. — Stem commonly 2° - 3° long. Corolla 3' long. 10. I. fastigiata, Sweet ? Smooth ; leaves cordate, 3-lobed, with the lobes acuminate; peduncles about as long as the petioles, 3 -several-flowered, with leafy lanceolate bracts ; sepals lanceolate, terminating in a long subulate point, on pedicels shorter than the bracts ; tube of the corolla greenish, the ex- panding acutely lobed border purple. — South Florida. — Leaves l£'- 2' long. Corolla 3' long. -i- H- H- -t- Corolla bell-shaped : leaves pedately 7 '-parted. 11. I. sinuata, Ort. Stem very long, shrubby at the base, the branches muricate, hairy ; leaves smooth, with the divisions lanceolate, sinuate-toothed ; peduncles shorter than the leaves, 1 - 2-flowered ; pedicels flattened, dilated up- ward, nodding; sepals ovate-lanceolate, acutish, smooth, half as long as the corolla, widely spreading in fruit ; corolla white, purple in the throat ; capsule globose; seeds smooth. (Convolvulus dissectus, Michx.) — South Florida. July- Oct. 11 — Stem sometimes 40° long. Leaves 4'- 6' wide. Corolla l£' long. 5. JACQUEMONTIA, Chois. Sepals 5, unequal. Corolla bell-shaped, 5-plaited. Style single : stigmas 2, ovate or oblong, flattened. Ovary 2-celled, 4-ovuled. Capsule 2-celled, 2-4- valved, 4 -seeded. — Habit of Ipomoea. 1. J. violacea, Chois. Stem smoothish, twining ; leaves petioled, oblong- ovate or ovate-lanceolate, acuminate, pubescent, the lower ones slightly cordate ; peduncles longer than the leaves, many-flowered ; sepals ovate, acuminate, the 2 outer ones larger ; corolla small, purple ; stigmas oblong, diverging ; capsnle smooth, 4-valved, shorter than the calyx. — South Florida. — Stem l°-3° long. Leaves 1'- 2' long. Corolla £' long. Seeds roughish. 6. CALYSTEGIA, K. Brown. Sepals 5, included in the two large membranaceous bracts. Corolla bell- shaped. Style single : stigmas 2, oblong or cylindrical. Capsule imperfectly 2-celled, 4-seeded. — Leaves petioled, cordate or sagittate. Peduncles 1-flowered. 1. C. sepium, E. Br. Smooth; stem twining; leaves broadly sagittate, acute, the wide lateral lobes obliquely truncated and often toothed ; peduncles 4-angled, as long as the petioles ; bracts cordate-ovate or oblong, strongly keeled CONVOLVULACE.E. (CONVOLVULUS FAMILY.) 345 on the back ; sepals acute ; corolla white or rose-color. (Convolvulus sepium, Z.) — Varies with the stem and shorter peduncles pubescent; leaves smaller and narrower. (C. Catesbeiana, Ph.?) — Rich soil, Florida (the var.), and northward. Aug. and Sept. ty — Leaves 2' -4' long. Corolla l£' - 2' long. Stigmas oblong-ovate. Stamens dilated and flattened below. 2. C. spithamsea, Pursh. Pubescent ; stem erect, rarely twining at the summit ; leaves ovate or oblong-ovate, cordate, the upper ones acute ; peduncles longer than the leaves, terete ; bracts ovate-lanceolate ; corolla white. — Dry soil, Florida, and northward. May -Sept. 1\|. — Stem l°-2° high. Leaves 1 ' - 2' long. Corolla 1 £' - 2' long. 3. C. paradoxa, Pursh. Stem prostrate, tomentose ; leaves oblong, cordate-sagittate, acute; peduncles longer than the leaf; bracts remote from the flower, linear ; sepals naked, smooth, acuminate ; corolla large, white. — In Carolina or Virginia, Pursh. ( * ) 7. E VOLVULUS, L- Sepals 5. Corolla bell-shaped or somewhat wheel-shaped, mostly hairy. Stamens included. Styles 2, distinct, 2-cleft or 2-parted : stigma obtuse. Capsule 2-celled, 4-seeded. — Small perennial herbs, with chiefly silky or hairy prostrate stems, entire leaves, and small flowers on axillary peduncles. Cap- sules nodding. * Common peduncle very short or none ,* the pedicels shorter than the leaves. 1. E. sericeus, Swartz. Silky with appressed hairs throughout, except the upper surface of the leaves ; stem dividing at the base into numerous pros- trate or ascending simple filiform branches ; leaves sessile, linear or linear-lan- ceolate, acute at each end, erect ; peduncle almost wanting, 1 -flowered, rarely 2" - 3" long and 2 - 3-flowered ; sepals ovate-lanceolate, acuminate, ^ as long as the white wheel-shaped corolla. — Varies with shorter (4' - 6' long) and more rigid stems, and oblong or elliptical and obtuse leaves. — Damp soil, Florida, Georgia, and westward. June -Oct. — Stems 6' -12' long. Leaves 6" -9" long. Co- rolla 4" - 5" in diameter. * * Peduncles longer tJian the leaves. 2. E. glabrillSCUlus, Chois. Stem creeping, simple, sprinkled with ap- pressed hairs ; leaves rigid, elliptical-obovate, mucronate, nearly sessile, smooth above, pubescent on the veins beneath ; peduncles bristle-like, rather longer than the leaves, 1- 3-flowered; sepals ovate-lanceolate, acute, hairy, as long as the pedicel ; corolla very small. — South Florida. — Stem 1° long. Leaves 4" - 6" long. Corolla 2" wide. 3. E. diffusus, n. sp. Silky with long spreading hairs ; stems very nu- merous, filiform, diffuse ; leaves obovate or oblong, mucronate, short-petioled ; peduncles bristle-like, often by pairs, 3-4 times as long as the leaves, 1-3- flowered ; sepals ovate-lanceolate, acuminate, shorter than the pedicels ; corolla wheel-shaped ; styles parted nearly to the base. — South Florida. — Stems 1°- 2° long. Leaves 4" -6" long. Corolla 2" wide. 346 CONVOLVULACE^E. (CONVOLVULUS FAMILY.) 8. STYLISMA, Raf. Sepals 5. Corolla bell-shaped, hairy. Stamens included. Styles 2, distinct or united below, entire : stigmas peltate. Ovary 2-celled, 4-ovuled. Capsule 1 - 4-seeded. — Perennial prostrate pubescent herbs, with entire leaves, and small flowers on axillary peduncles which are longer than the leaves. 1. S. humistrata. Hairy and roughish; leaves petioled, oblong, slightly cordate, obtuse or cmarginate at the apex, mucronate ; peduncles filiform, 1-7- flowered ; sepals ovate, acute, smooth, fringed on the margins ; capsule smooth, nodding; bracts minute; corolla white; filaments hairy; styles united below. — Varies with linear or lanceolate, often acute, nearly sessile leaves, shorter and uniformly 1 -flowered peduncles, and more pubescent sepals. (Convolvulus hu- mistratus, Walt. C. tenellus, Ell.) — Dry sandy pine barrens, Florida to South Carolina, and westward. July -Sept. — Stems 2° -3° long. Leaves l'-3' long. Corolla 10" long. Capsule ovate, commonly 1 -seeded, crowned with a tuft of hairs when young. 2. S. aquatica. Silky-pubescent and somewhat hoary; leaves linear-ob- long, obtuse, mucronate, truncate or slightly cordate at the base, short-petioled ; peduncles 1-7 (mostly 3-)-flowered ; sepals ovate-lanceolate, acuminate, veiy silky ; capsule erect, pubescent ; bracts subulate, as long as the pedicels ; corolla purple; filaments smooth; styles distinct. (Convolvulus aquaticus, Walt.) — Margins of ponds, Florida to North Carolina, and westward. July - Sept. — Stems 2°- 3° long. Leaves £' - 1' long. Corolla 5" long. 3. S. Pickeringii, Gray. Soft-pubescent or villous ; leaves linear, ob- tuse, narrowed at the nearly sessile base ; peduncles 1 - 3-flowered ; bracts linear, as long as the flower ; sepals ovate-lanceolate, very hairy, longer than the pedi- cel ; corolla small, white ; styles united nearly to the apex ; stamens slightly exserted. — Sandy pine barrens, North Carolina, and northward. July - Sept. — Stems 2° - 3° long. Leaves 12" - 15" long. Corolla 5" long. 9. DICHONDBA, Forst. Calyx 5-parted, with the lobes obovate. Corolla somewhat wheel-shaped, 5-parted, shorter than the calyx. Stamens included. Ovaries 2, distinct, 2-ovuled. Styles 2 : stigmas capitate. Utricles 2, one-seeded. — Low pubescent creeping herbs, with broadly cordate petioled leaves, and solitary bractless flow- ers on axillary peduncles. 1. D. repens, Forst., var. Carolinensis, Chois. — Low grounds, Florida to North Carolina, and westward. March -Oct. 1J. — Stems filiform, 6' - 12' long. Leaves £'-!£' in diameter, on petioles 1'- 4' long. Peduncles shorter than the petioles. Calyx silky. Corolla minute, greenish white. 10. CITSCUTA, Tourn. DODDER. Calyx 4 - 5-cleft, or 4 - 5-sepalous. Corolla globular-urn-shaped, bell-shaped, or somewhat tubular, 4 - 5-cleft. Stamens 4-5, with fimbriate mostly confluent scales at the base. Ovary 2-celled, 4-ovuled. Styles 2 : stigmas capitate (in SOLANACE.E. ^NIGHTSHADE FAMILY.) . 347 our species). Capsule 4-seeded. Embryo filiform, coiled around fleshy albu- men. Cotyledons none. — Twining parasites, germinating in the ground, but early decaying at the root. Stems filiform, yellow or reddish, without leaves, or with minute scales in their place. Flowers white, small, variously clustered. * Flowers pedicelled, with few and distant bracts : calyx 4 - 5-cleft : corolla bell- shaped, persistent at the base of the capsule. 1. C. arvensis, Beyrich. Low; flowers small, 5-parted, in loose umbel- like cymes ; lobes of the corolla lanceolate, acuminate, spreading or reflexed, longer than the tube ; scales ovate, often partly exserted ; capsule globose, thin, yellowish. — Fields and sterile soil, on small herbs, Florida to North Carolina. June and July. — Stems 1° high. Flowers the smallest of our species. 2. C. Gronovii, "Willd. Stem climbing high; flowers mostly 5-cleft, in loose paniculate cymes ; lobes of the corolla ovate, obtuse, spreading, mostly shorter than the tube ; scales large, confluent at the base ; capsule globose, brown. (C. Americana, Pursh., DC.) — Low shady places, on coarse herbs, Florida, and northward. Aug. - Oct. 3. C. neuropetala, Engelm. Stem branching ; flowers rather large, 5-parted, in smooth umbel-like cymes ; lobes of the calyx ovate-lanceolate, acute ; lobes of the corolla ovate, acuminate, crenulate, 1 -nerved, spreading, as long as the tube; scales ovate, incurved, as long as the tube. — Damp soil, Florida, and westward. May. 4. C. rostrata, Shuttl. Stem twining high ; flowers large, 5-parted, in umbel-like cymes ; lobes of the calyx ovate, obtuse ; lobes of the corolla ovate, obtuse, spreading and at length reflexed, half as long as the tube ; scales connate at the base ; capsule large, acute. — Shaded moist places on tall herbs, on the mountains of North Carolina, and northward. * * Flowers sessile, in compact clusters : calyx of 5 separate sepals, surrounded by several similar bracts : corolla persistent at the apex of the capsule. 5. C. compacta, Juss. Stems climbing high ; bracts and sepals orbicu- lar, concave, denticulate, imbricated ; tube of the corolla equalling or longer than the calyx, the oblong obtuse lobes spreading; scales confluent at the base; capsule globose-ovate. — Damp shady places, Florida, and northward. July - Oct. — Clusters often continuous, and spirally coiled around herbs and shrubs. ORDER 100. SCMLANACEJE. (NIGHTSHADE FAMILY.) Herbs or shrubs, with, colorless juice, alternate leaves, and regular axil- lary or supra-axillary flowers. — Calyx 4 - 7-cleft, or 4 - 7-toothed, persist- ent, often inflated in fruit. Corolla 5 - 10-lobed, plaited and valvate, convolute, or imbricated in the bud. Stamens 4-7, inserted on the tube of the corolla : anthers 2-celled, opening lengthwise or by terminal pores. Style and stigma single. Fruit a 2-celled (rarely 3 - 5-celled) many- 348 SOLANACEuE. (NIGHTSHADE FAMILY.) seeded capsule or berry. Placentas adnate to the partition and projecting into the cells. Seeds campylotropous or amphitropous. Embryo mostly slender and curved in fleshy albumen. — Chiefly narcotic poisons. Synopsis. § 1. Fruit a berry. * Corolla wheel-shaped or short bell-shaped. •i- Anthers connivent. Calyx unchanged in fruit. 1. SOLANUM. Anthers opening by terminal pores. Berry juicy. 2. CAPSICUM. Anthers opening lengthwise. Berry juiceless. 4- -i- Anthers separate, opening lengthwise. Fruiting calyx inflated. 3. PHYSALIS. Berry juicy. Calyx entire at the base. 4. NICANDRA. Berry dry. Calyx 10-toothed at the base. * * Corolla funnel-shaped. 5. LYCIUM. Anthers opening lengthwise. Berry juicy. Shrubs. $ 2. Fruit a capsule- 6. DATURA. Calyx prismatic or terete, circumscissile. Capsule spiny. 1. SOLANUM, L. NIGHTSHADE. Calyx 5-toothed or 5-cleft. Corolla wheel-shaped, 5-lobed, valvate, with the margins turned inward. Stamens 5, inserted on the throat of the corolla, ex- serted ; the filaments very short : anthers opening by 2 terminal pores, conni- vent. Stigma obtuse. Berry juicy, 2-celled, many-seeded. — Herbs or shrubs, often armed with prickles. Leaves alternate or in pairs. Flowers opposite the axils, or above them. * Unarmed : cymes or racemes corymbed : corolla 5-parted. 1. S. nigrum, L. Herbaceous, mostly pubescent with simple hairs ; stem erect, branching ; the branchlets wing-angled, and more or less toothed ; leaves petioled, oblong-ovate, toothed or entire ; flowers somewhat umbelled, drooping, small, white ; berry black. — Damp soil, Florida to Mississippi, and northward. July -Sept. — Stem l°-3° high, diffuse. Leaves 2'-4f long, when in pairs, unequal. Corolla 4" - 6" wide. Berry 2" - 3" in diameter. 2. S. Kadula, Vahl. Shrubby, and very rough throughout with short rigid rusty stellate hairs ; leaves oblong, entire, acute, tapering into a short peti- ole; cymes slender, long-peduncled, once or twice forking, many-flowered, longer than the leaves ; flowers small, linear in the bud ; corolla white, deeply parted, the lobes linear-lanceolate, obtuse ; anthers hairy. — South Florida. — Leaves 2' - 3' long. Cymes 3' - 4' long. Corolla 5" wide. 3. S. verbascifolium, L. Shrubby, and hoary throughout with dense soft stellate hairs ; leaves large, ovate-oblong, acute at each end, entire ; cymes on long and very stout peduncles, forking, compactly many-flowered ; flowers globose-obovate in the bud ; calyx-lobes ovate, acute ; corolla-lobes oblong, obtuse , anthers oblong, twice as long as the slender filaments ; ovary woolly. — South Florida. Oct. - Dec. — Shrub 4° -5° high. Leaves 6' -9' long. Co- rolla £' wide. SOLANACE^:. (NIGHTSHADE FAMILY.) 349 4. S. Blodgettii, n. sp. Stem shrubby? smooth, the branches, like the up- per surface of the leaves, roughened with a close stellate (greenish) pubescence ; leaves oblong, obtuse, entire, narrowed into a short petiole, hoary-tomentose beneath, like the rather short-peduncled many-flowered forking cymes ; calyx small, obconical, with short rounded teeth ; corolla purple ? deeply parted, 3-4 times as long as the calyx, with lanceolate acute lobes ; anthers nearly sessile, linear, narrowed at the apex, shorter than the style. — South Florida. — Leaves 3' - 4' long. Flowers £' in diameter. * * Prickly: flowers racemed: corolla mostly angularly lobed. j 5. S. Carolinense, L. Hirsute with stellate hairs ; stems erect ; leaves ovate-oblong, angularly lobed or toothed, abruptly contracted into a short pet- iole ; the veins and petiole, like the stem, armed with straight yellow prickles ; racemes simple, slender, 3 - several-flowered ; calyx-lobes acuminate. — Var. FLO- BIDANA (S. Floridana, Dunal) is less hairy; stems ascending from a creeping base ; leaves narrower, sinuate-lobed or toothed, with more numerous and stronger prickles. — Dry waste places, Florida to North Carolina. June - Sept. If. — Stem 1° - 1\|° high. Leaves 3' - 5' long. Corolla 9" - 12" wide, blue or white. 6. S. aculeatissimum, Jacq. Plant beset throughout with bristly hairs and stout prickles ; stem diffusely branched ; leaves petioled, ovate or oval, membranaceous, acute, rounded or cordate at the base, acutely lobed or toothed ; racemes lateral, slender, 2 - 5-flowered, shorter than the petioles ; corolla-lobes lanceolate, acute, white ; anthers acuminate ; berry globose, yellow. — Waste places, Florida to North Carolina. Probably introduced from Mexico. June - Sept. CD — Stem 1 ° - 2° high. Leaves 3' - 6' long. Corolla 6" - 9" wide, the lobes recurved. i 7. S. mammosum, L. Pubescent with stellate hairs, and the stem, pet- ioles, and nerves of the leaves armed with stout flattened prickles ; stem stout, erect; leaves large, ovate, sinuate-lobed, slightly cordate; racemes cymose, long-peduncled, many-flowered; corolla large, purple, with ovate spreading lobes ; berry conical-ovate. — Koad-sides, and waste ground, Florida and Georgia. July -Sept. © — Stem 2° -3° high. Leaves 6' -9' long. Co- rolla 1^' wide. Anthers narrowed upward, on slender filaments. Calyx unarmed. 8. S. hiTSUtum, Nutt, not of Dunal. Dwarf, hirsute; leaves broadly obovate, very obtuse, nearly entire, narrowed at the base, prickly on the midrib ; racemes 3-flowered ; peduncles filiform. — Milledgeville, Georgia. — Roots pro- fusely creeping. Stem a span high, beset with yellowish hairs. Calyx very rough. Flowers purple 1 ( * ) S. PSEUDO-CAPSICUM, L., the JERUSALEM CHERRY, is sometimes sponta- neous near dwellings. S. TUBEROSUM, L., is the IRISH POTATO, as it is here called ; S. MELONGE- NA, L., the EGG-PLANT ; and S. LYCOPERSICUM, L. (Lycopersicum esculentum, Mill.) the TOMATO. 30 350 SOLANACE^. (NIGHTSHADE FAMILY.) 2. CAPSICUM, Tourn. RED-PEPPER. Calyx cup-shaped, 5-7-toothed. Corolla wheel-shaped, 5-7-cleft, plaited. Stamens 5-7, inserted on the throat of the corolla, exserted : anthers connivent, opening lengthwise. Stigma obtuse. Berry juiceless, partly 2-3-celled, many- seeded. — Herbs or shrubs, with acrid juice, solitary flowers, and red berries. ' 1 - C. frutescens, L. Shrubby, smooth ; stem branching ; leaves oblong- ovate, obtuse, entire, acute or rounded at the base, petioled, often by pairs ; calyx obscurely toothed, long-peduncled, erect ; berry oblong, shorter than the peduncle. — South Florida. — Stem l°-2° high. Leaves 1' long. Flowers in the forks of the branches. Berry 4" - 6" long. 3. PHYSALIS, L. GROUND-CHERRY. Calyx 5-toothed, inflated in fruit, and enclosing the juicy berry. Corolla short-bell-shaped, plaited, 5-lobed or 5-angled. Stamens 5, inserted on the tube of the corolla : anthers separate, opening lengthwise. Stigma obtuse. Seeds flat, kidney-shaped. — Diffusely branching herbs, with alternate petioled leaves, which are often by pairs, and solitary nodding flowers in their axils, or in the forks of the branches. * Perennial: peduncles commonly longer than the petiole: corolla 8" -10" in diam- eter, spotted in the throat with brown or purple. 1. P. viscosa, L. Pubescent or hairy ; root slender, elongated ; stems erect, at length diffusely branched, angled ; leaves ovate, entire or angularly toothed, acute or obtuse, rounded or cordate at the base ; calyx hairy, with triangular-ovate lobes ; corolla pubescent, yellow, with 5 large brown spots in the throat ; style and filaments purple ; anthers yellow ; fruiting calyx oblong- ovate, sharply 5-angled, concave or truncate at the base ; berry globose, viscid. (P. heterophylla, Nees. P. Pennsylvanica, L.) — Dry light or sandy soil, Flor- ida to Mississippi, and northward. July - Oct. — Stems £° - 2° high, sometimes purple ; the pubescence often viscid, jointed, or rough. Leaves 1'- 2' long, the uppermost rarely acute and unequal at the base. Corolla obscurely lobed. Fruiting calyx l'-l£' long. 2. P. lanceolata, Michx. Pubescent ; leaves ovate-lanceolate or oblong, obtuse, but often attenuate at the apex, entire, wavy, or coarsely and obtusely toothed on the margins, acute and commonly very unequal at the base ; calyx pubescent, the lobes long-acuminate from an ovate base ; corolla 5-lobed, or some- what 10-lobed or toothed, yellow in the throat ; fruiting calyx ovate or globose- ovate, 5-angled. (P. Elliottii, Kunze. P. maritima, M. A. Curtis ?) — Dry sandy soil, Florida to North Carolina. July- Oct. — . Stem 1° high, erect or diffuse. Leaves l'-3' long. Fruiting calyx !'-!£' long, smooth or hairy. 3. P. angustifolia, Nutt. Smooth ; stem low, erect or at length diffuse, 3-4-angled; leaves linear or lanceolate, obtuse, entire, narrowed gradually at the base into "a winged petiole ; calyx lobes short, triangular-ovate, obtuse, tomentose on the margins ; corolla yellow, brownish-purple in the throat, SOLANACE^E. (NIGHTSHADE FAMILY.) 351 5-lobed; fruiting calyx oblong-ovate, wing-angled, depressed at the base. — Low sandy places along the coast, West Florida. July- Sept. — Stem 6' -12' high. Leaves 2' -5' long, equal at the base, somewhat fleshy. Corolla some- times 1' in diameter. Fruiting calyx 9"- 12" long. Anthers yellow. * * Annual: peduncles shorter than the petiole: corolla 4" - 6" in diameter, yellow, spotted in the throat with green or brown. 4. P. angulata, L. Smooth throughout ; stem sharply 4-angled, erect or at length diffusely procumbent ; leaves oblong-ovate, acuminate, sharply toothed, long-petioled, slightly unequal at the base, the lower ones often somewhat cor- date ; calyx-lobes triangular-lanceolate, as long as the tube ; corolla pale-yellow, 5-toothed, spotted with green in the throat ; filaments smooth ; anthers purple ; fruiting calyx globose-ovate, equally 10-angled, reticulated with purple veins, depressed at the base. — Fields and waste ground, Florida, and northward. — July- Oct. — Stem 1° - 4° long. Leaves 2' - 3' long. Fruiting calyx 1' long. 5. P. pubescens, L. Tomentose or villous with soft often viscid hairs, rarely smoothish ; stem diffusely branched, 4-angled, with one side rounded ; leaves long-petioled, mostly acute, obtusely toothed, wavy-margined, or entire, ovate, and mostly slightly cordate and unequal at the base ; calyx-teeth, subulate, twice as long as the tube ; corolla bright yellow, 5- or somewhat 10-toothed, brown in the throat ; filaments hairy ; anthers purplish ; fruiting calyx oblong- ovate, sharply 5-angled, truncate at the base. (P. hirsuta, Dunal P. pruinosa, Ell. P obscura, Michx.) — Fields and waste grounds, common. July - Oct. — Stems l°-3° long. Leaves l'-2' long. 4. NICANDRA, Adans. Calyx 5-parted, inflated, 10-toothed at the base. Corolla bell-shaped, plaited, obscurely 5-lobed. Stamens 5: anthers separate, opening lengthwise. Berry juiceless. — A smooth erect branching annual, with ovate-oblong toothed or lobed petioled leaves, and solitary axillary nodding purple flowers. 1. N. physaloides, Gasrt. — (Atropa physaloides, L.) — Waste and cul- tivated ground. Introduced. July -Sept. — Stem l°-3° high, with angled branches. Leaves 2' - 5' long, decurrent on the petiole. Corolla white in the throat. Fruiting calyx 5-angled, enclosing the globose berry. 5. LYCIUM, L. Calyx 4-5-cleft. Corolla funnel-shaped, 5-10-cleft or toothed. Stamens 4 - 5 : anthers opening lengthwise, separate. Stigma capitate. Berry not en- closed in the calyx. — Erect or twining often spiny shrubs, with entire alternate or clustered leaves, and axillary or terminal flowers. 1. L. Carolinianum, Michx. Stem erect, spiny, much branched ; leaves small, clustered, club-shaped, fleshy ; flowers solitary, axillary, purple ; calyx and corolla 4-cleft ; stamens 4, exserted. — Salt marshes, Florida to South Carolina. July - Sept. — Shrub 3° -5° high. Leaves l£' long. Corolla small, hairy within. Berry red. 352 dENTIANACE^E. (GENTIAN FAMILY.) 6. DATURA, L. JAMESTOWN-WEED. THORN-APPLE. Calyx tubular, terete or angled, 5-cleft, separating near the base, the upper portion deciduous. Corolla funnel-shaped ; the limb plaited, 5-lobed, convolute in the bud. Stamens 5 . anthers opening lengthwise. Capsule spiny, imper- fectly 4-celled, 4-valved, many-seeded* — Strong-scented poisonous herbs, with petioled oblong or ovate mostly toothed leaves, and large solitary flowers in the forks of the branches. 1 . D. Stramonium, L. Smooth ; stem stout, forking ; leaves ovate or oblong-ovate, acute, sinuate-toothed ; corolla sharply 5-toothed, white, twice as long as the 5-angled calyx; capsule erect. — Var. TATULA. Larger; leaves often cordate ; stem and corolla purplish. — Waste ground, very common. June - Oct. — Stem 1° - 3° high. Leaves 4' - 8' long. Corolla 3' - 4' long. 2. D. Metel, L. Pubescent ; stem stout, branching ; leaves ovate, entire or slightly toothed; corolla white, 10-toothed; calyx loose, terete; capsule nod- ding. — North and South Carolina, Curtis. Introduced. — Stems 3° - 4° high. Leaves 6' - 8' long, Corolla 6' long. The PETUNIA, NIGHT-BLOOMING JESSAMINE (CESTRUM), and TOBACCO (NICOTIANA), belong to this family. ORDER 101. GENTIANACE^. (GENTIAN FAMILY.) Chiefly smooth, and bitter herbs, with, colorless juice, opposite entire partly sheathing exstipulate leaves, and regular often showy flowers. — Calyx 4-1 2-parted, or 4 - 1 2-cleft. Corolla 4-1 2-lobed, convolute, rarely valvate or imbricated, in the bud, hypogynous. Stamens alternate with the lobes of the corolla, and inserted on its tube : anthers 2-celled. Ovary single, with numerous anatropous ovules. Stigmas 1-2. Capsule 1- celled, or imperfectly 2 -4-celled by the introversion of the margins of the valves, septicidally 2-valved. PlacentaB parietal. Seeds numerous. Em- bryo minute, in the axis of fleshy albumen. Synopsis. * Corolla convolute, or (in Obolaria) imbricated in the bud. Testa membranaceous. — Leaves sessile. 1. SABBATIA. Style conspicuous, deciduous. Stigmas linear, twisted. Corolla wheel- Bhaped, 5-12-parted. 2. EUSTOMA. Style conspicuous, persistent. Stigmas roundish, flat. Corolla tubular, 4- 5-parted. 3. GENTIANA. Stigmas sessile, flat, persistent. Corolla bell-shaped or funnel-form, 4-6- lobed, mostly with plaited appendages between the lobes. 4. BARTONIA. Calyx and corolla 4-lobed. Stigmas sessile. Leaves scale-like. 5. OBOLARIA. Calyx 2-leaved. Corolla 4-lobed, imbricated in the bud. 6. FRASERA. Corolla wheel-shaped, 4-parted, the lobes with a large depressed gknd in the middle. * * Corolla folded in the bud. Testa woody. Petioles elongated. 7. LIMNANTHEMUM. Leaves floating, cordate. Flowers clustered on the petiole. GENTIANACE^E. (GENTIAN FAMILY.) 353 1. S ABB ATI A, Adans. AMERICAN CENTAURT. Calyx 5 - 1 2-parted. Corolla wheel-shaped, 5-1 2-parted, withering-persistent. Stamens 5-12, inserted on the throat of the corolla: anthers sagittate, mostly recurved. Style conspicuous : stigmas linear or oblong, twisted. Capsule glo- bose, 1-celled, 2-valved, many-seeded. — Annual or biennial branching herbs, with cymose or panicled white or purple showy flowers. * Calyx and corolla mostly 5-parted. H- Flowers in corymbose cymes, white, turning yellowish : branches opposite. 1. S. lanceolata, Torr. & Gray. Stem tall, terete below, 4-angled and corymbosely branched above, the branches opposite ; leaves ovate or roundish, 3 - 5-nerved, acute or obtuse, clasping ; the upper ones distant, lanceolate, and very acute; cymes large, loosely many-flowered; lobes of the corolla (often 6) obovate-oblong, twice as long as the filiform calyx-lobes. (S. corymbosa, Baldw.) — Wet pine barrens, Florida to North Carolina. July. — Stem 2° - 3° high. Leaves l'~l^'long; the lowest minute. Corolla 10" wide, turning yellowish in drying. 2. S. paniculata, Pursh. Stem virgate, wing-angled throughout, com- monly much branched from the base ; leaves clasping, lanceolate, 3-nerved, mucronate, the upper and floral ones linear, the lowest tufted, oblong-obovate ; cymes very numerous, densely few-flowered, leafy ; lobes of the corolla obovate, one third longer than the linear calyx-lobes. — Low grassy meadows, Florida to North Carolina. August. — Stem 9' -18' high. Leaves J'-l' long. Corolla £' wide. 3. S. macrophylla, Hook. Glaucous ; stem terete, corymbosely branched above ; the branches opposite ; leaves thick, erect, ovate-lanceolate, acute, clasp- ing, 3 - 5-nerved ; cymes large, flat-topped ; corolla small, the lobes thrice as long as the very short bristle-like calyx-lobes. — Wet pine barrens, Florida, and westward. July and Aug. — Stem rigid, hollow, 2° - 2^° high. Leaves 1^' -3' long. Corolla 5" - 6" wide. H- 4- Flowers in panicled cymes, purple : branches opposite. 4. S. angularis, Pursh. Stem square, wing-angled, erect, paniculately much branched, often from near the base, the branches opposite ; leaves nu- merous, ovate, clasping, 3 - 5-nerved, often as long as the joints, the upper ones acute ; lobes of the corolla oblong, about twice as longas the linear calyx-lobes. — Low rich grounds, Florida, and northward. Aug. — Stem 1°- 2° high. Leaves 1'- 1^' long. Corolla 1' wide. 5. S. brachiata, 'Ell. Stem erect, terete, paniculately branched near the summit ; the branches opposite, spreading ; leaves sessile, lanceolate, the upper ones linear, acute, the lowest clustered ; flowers in small loose peduncled cymes, terminating the branches, and forming an oblong or pyramidal panicle ; lobes of the corolla narrowly oblong, twice as long as the linear calyx-lobes. — Low grounds in the middle and upper districts, and northward. July and Aug. — Stem 2° high. Leaves 1' long. Corolla 1' wide. 30 354 GENTIANACE^E. (GENTIAN FAMILY.) +-•»-•»- Flowers scattered, on long peduncles, white or purple : branches alternate. 6. S. Elliottii, Steud. Stem low, terete, paniculately much branched from near the base, the branches diffuse ; leaves small, sessile ; the lowest obovate, the upper linear ; lobes of the corolla 3-4 times as long as the short filiform calyx-lobes. (S. paniculata, Ell.) — Open pine barrens, Florida to South Carolina. Aug. and Sept. — Stems ^'-1^'high. Leaves 3" -6" long. Corolla 8" -10" wide. 7. S. gracilis, Pursh. Stem slightly 4-angled, erect or reclining, diffuse, the branches 1 -3-flowered ; leaves linear or oblong-linear, the uppermost almost filiform ; flowers terminating the short branchlets ; lobes of the corolla obovate- oblong, rather longer than the filiform calyx-lobes. — Low grassy pine barrens and meadows, Florida to Mississippi, and northward. July and Aug. — Stem slender, 1° - 1£° long. Leaves 1'- 1£' long. Corolla 12" - 15" wide. 8. S. Stellar is, Pursh. Stem obscurely 4-angled, slender, paniculately branched, the branches elongated ; leaves somewhat fleshy, the lowest lanceolate or oblong, obtuse, the upper linear, acute ; flowers on very long peduncles ; lobes of the corolla oblong, longer than the filiform calyx-lobes. — Salt marshes, Florida, and northward. Aug. and Sept. — Stem l°-3°high. Leaves l'-2' long. Peduncles 1'- 4' long. Corolla 1^' wide. 9. S. calycosa, Pursh. Stem low, terete ; leaves thin, lanceolate or ob- long, obtuse, narrowed at the base, the lowest petioled ; flowers few ; corolla white, 5 - 7-lobed, shorter than the lanceolate leafy calyx-lobes. — Kiver swamps, Florida to North Carolina, and westward. July and Aug. — Stem 6'- 12' high, rigid. Leaves !'-!£' long. Corolla 8" - 10" wide. * * Calyx and corolla 7 - \Z-parted: flowers purple. 10. S. chloroides, Pursh. Stem erect, terete, simple, or 1 - 2-forking, 1 - 5-flowered ; leaves lanceolate, sessile, uniform, or the lowest spatulate-oblong and the upper linear, acute; corolla large, 8-12- (mostly 10-) parted, com- monly more than twice as long as the linear or subulate calyx-lobes. — Margins of pine-barren ponds and swamps, Florida, and northward. July and Aug. — Stem 1° - 1£° high. Leaves 1' long. Corolla 1\|'- 3' wide. 11. S. Boykinii, Gray. Stem mostly simple, somewhat angled ; leaves lanceolate-oblong, or the lowest elliptical ; flowers single or 3 - 7 in a terminal capitate cluster, sessile arfd 2-bracted; corolla 8-9-parted, much longer than the oblong-lanceolate calyx-lobes. — Middle Georgia, Dr. Boykin. — Stem 1° high. Leaves l'-2' long. Corolla l£' wide. 12. S. gentianoid.es, Ell. Stem erect, simple, slender; lowest leaves lanceolate or oblong, narrowed at the base; the others long, linear, sessile; flowers large, in axillary and terminal clusters, or terminal and solitary; corolla 8-10-parted, 2-3 times^as long as the subulate calyx-lobes; anthers straight. — Low pine barrens, Georgia, Florida, and westward. July and Aug. — Stem 1° - 2° high. Leaves 1^>- 3' long. Corolla 2' wide. GENTIANACE^E. (GENTIAN FAMILY.) 355 2. EUSTOMA, Don. Calyx bell-shaped, 4 - 5-parted, sharply 4 - 5-angled ; the lobes subulate, keeled. Corolla tubular, 4 - 5-lobed, membranaceous at the base, withering- persistent ; the lobes erect, lanceolate-oblong, acute. Stamens 4-5, partly cxserted, inserted on the middle of the tube of the corolla : anthers sagittate, introrse, opening lengthwise. Style conspicuous, erect, persistent : stigmas round-ovate, thick, at length spreading, with the margins revolute. Capsule oblong, obtuse, 1 -celled, the margins of the valves slightly inflexed. Placentae spongy, sutural. Seeds minute, globose, sessile. — Herbs, with oblong glaucous clasping leaves, and panicled showy purple or blue flowers. 1. E. exaltatum, Griseb. Stem (2° -3° high) terete, glaucous, panicu- lately forking above ; leaves mucronate, decurrent at the base, the upper ones lanceolate ; flowers long-peduncled, terminating the branches, blue ; calyx-lobes as long as the tube of the corolla, dilated and membranaceous at the base. — South Florida. © — Corolla 12" - 15" long. 3. GENTIANA, Tourn. GENTIAN. Calyx 4 - 5-parted. Corolla bell-shaped or funnel-shaped, 4 - 5-lobed, often with plaited toothed appendages between the lobes. Stamens 4-5. Stigmas 2, sessile, compressed, persistent. Capsule 1-celled, 2-valved, many-seeded; the seeds sutural, or covering the inner face of the valves. — Flowers showy, solitary or clustered, axillary and terminal. * Annual: corolla funnd-shaped, destitute of appendages : anthers versatile : capsule sessile: seeds wingless. 1. G. quinqueflora, Lam. Stem 4-angled, slender, branching; leaves ovate or ovate-lanceolate, acute, cordate and slightly clasping at the base, 3 - 5-nerved ; flowers 3-5, terminating the short branches ; corolla blue, rather slender, naked in the throat ; with ovate bristle-pointed entire lobes, much longer than the subulate calyx-lobes. — Dry soil along the mountains, Georgia, and northward. Aug. and Sept. — Stem l°-2° high. Leaves 1' long. Co- rolla 1' long. 2. G. crinita, Frcel. Stem terete below, the upper portion and branches 4-angled ; leaves lanceolate, acute, closely sessile, the lowest narrowed into a petiole ; flowers terminal, on long angular peduncles ; calyx-lobes 4, ovate- lanceolate, acute, strongly keeled, as long as the tube of the corolla ; lobes of the corolla 4, rounded, fimbriate, nearly as long as the tube ; seeds scaly. — Damp soil along the mountains, Georgia, and northward. Oct. and Nov. — Stem l°-2° high, often much branched. Leaves l'-2' long. Corolla blue, 1^'- 2' long. * * Perennial: corolla bell-shaped, with plaited toothed appendages between the lobes : anthers erect, mostly connivent: capsule pedicelled: seeds commonly winged. 3. G. OChroleuca, Frcel. Stem low, smoothish ; leaves oblong or obo- vate-oblong, narrowed at the base, the upper ones narrower and acute ; flowers in a dense mostly terminal cluster ; corolla open, yellowish-white, £ - £ longer 356 GENTIANACE^. (GENTIAN FAMILY.) than the erect linear-lanceolate calyx-lobes ; the ovate lobes twice as long as the nearly entire appendages; seeds wingless. — Dry sandy woods, Florida to North Carolina. Sept. and Oct. — Stem 6'- 12' high. Corolla l£' long, striped within with green and purple veins. Anthers separate. 4. G. Elliottii. Stem rough and slightly pubescent ; leaves lanceolate or linear-lanceolate, rough-margined; clusters axillary and terminal; calyx-lobes linear-lanceolate, twice as long as the tube ; corolla large, open, bright-blue, lined within with yellow and deeper blue, the erect or spreading ovate acute lobes twice as long as the 2-cleft fimbriate appendages ; seeds lanceolate, nar- rowly winged, covering the entire inner face of the valves. (G. Catesbsei, Ell.) — Banks of streams and ditches, in the lower and middle districts. Oct. — Stem 1° - l£° high. Corolla l£' long. Flowers rarely solitary. Var. parvifolia. Stem tall (2° high), slender; leaves short (^'-1' long), sessile, ovate or oblong-ovate, rounded or cordate at the base, rigid ; calyx-lobes erect, lanceolate, twice as long as the tube ; appendages of the corolla broad, unequally 2-cleft, fimbriate. — Pine-barren swamps near the coast, Georgia and Florida. — Corolla 2' long. Var. ? latifolia. Stem low (6' - 12' high), rigid ; leaves (2' - 3' long) mem- branaceous, oblong or ovate-oblong, acute at each end ; calyx-lobes linear, shorter than the tube, spreading ; appendages of the corolla equally divided into two slender bristle-pointed nearly entire lobes. — River-banks, Middle Florida. — Corolla I'-ltf long. 5. G. Saponaria, L. Stem smooth ; leaves ovate-lanceolate or oblong, narrowed at the base, rough-margined ; calyx-lobes linear or spatulate, acute, half as long as the corolla ; corolla light blue ; the lobes short and broad, obtuse, erect, or converging, longer than the 2-cleft minutely-toothed appendages ; seeds acute, narrowly winged, covering the valves. (G. Catesbsei, Walt.) — Moist woods on the mountains of North Carolina, and northward. Sept. and Oct. — Flowers clustered. 6. G. Andrews!!, Griseb. Stem smooth (l°-2° high); leaves ovate- lanceolate, acute, narrowed at the base ; flowers clustered, axillary and terminal ; calyx-lobes ovate, spreading, shorter than the tube; corolla (1'long) club-shaped, inflated, closed ; the broad and rounded lobes shorter than the slightly toothed appendages ; capsule at length partly exserted; seeds broadly winged. (G. Sa- ponaria, Fred.} — Mountains of North Carolina, and northward. Sept. and Oct. 7. G. angUStifolia, Michx. Stem low, smooth, 1 -flowered; leaves linear, fleshy ; calyx-lobes linear, erect, half as long as the corolla ; corolla large, bright blue, the lobes ovate, twice as long as the broad toothed appendages. — Varies with the corolla, green without and white within. — Low pine barrens, Florida to North Carolina. Nov. and Dec. — Stem 4' - 10' high. Corolla 2' long. 4. BABTONIA, Muhl. Calyx 4-parted. Corolla 4-parted. Stamens 4 : anthers small. Stigmas sessile. Capsule 1-celled, 2-valved, septicidal. Seeds covering the inner surface GENTIANACE^E. (GENTIAN FAMILY.) 357 of the valves. — Small annual herbs, with erect filiform stems, scale-like subulate leaves, and white flowers. 1. B. verna, Muhl. Stem (2' -6' high) simple or sparingly branched, suc- culent* few-flowered ; calyx-lobes lanceolate-subulate, one third as long as the oblong or obovate obtuse spreading white lobes of the corolla ; anthers oblong ; capsule roundish. (Centaurella verna, Michx.) — Damp pine barrens near the coast, Florida to North Carolina. Feb. - April. 2. B. tenella, Muhl. Stem (6' -12' high) branched; the branches, like the leaves, opposite or alternate, many-flowered ; calyx-lobes subulate, as long as the tube of the greenish-white corolla ; lobes of the corolla erect, acute ; anthers globose ; capsule oblong-lanceolate. (Centaurella paniculata, Michx.) — Swamps, Florida to Mississippi, and northward. Sept. and Oct. — Flowers much smaller than in No. I. 5. OBOLARIA, L. Calyx of 2 spatulate bract-like sepals. Corolla bell-shaped, 4-cleft, imbricated in the bud. Stamens 4 : anthers round-cordate. Style short : stigma 2-lipped. Capsule ovoid, 1-celled. Seeds numerous, covering the valves. — A low spar- ingly branched perennial herb, with opposite wedge-obovate leaves, and single or clustered axillary and terminal purplish flowers. 1. O. Virginica, L. — - Rich shady woods, South Carolina, and northward. March and April. — Plant smooth, purplish, 3' -8' high. Branches generally 3-flowered. * 6. FRASEBA, Walt. AMERICAN COLTTMBO. Calyx 4-parted. Corolla wheel-shaped, 4-parted, the lobes each with a de- pressed fringed gland on the upper face. Stamens 4 : anthers nodding. Style persistent : stigmas spreading. Capsule compressed. Seeds few, large, winged, borne on the margins of the valves. — Tall and smooth perennial herbs, with whorled or opposite sessile leaves and branches, and cymes of greenish-yellow flowers, disposed in a large terminal panicle. 1. P. Carolinensis, Walt. Stem (3° - 8° high) erect ; leaves and branches mostly four in a whorl, lance-oblong, the lowest spptulate ; panicle pyramidal ; corolla-lobes oblong, mucronate, dotted with purple. — Rich soil in the upper districts of Georgia, and northward. July. — Lowest leaves 1° long. Corolla 1' wide. Root large and bitter to the taste. 7. LIMNANTHEMTJM, Gmel. Calyx 5-parted. Corolla wheel-shaped, 5-parted, the lobes infolded in the bud, ciliate, and glandular-crested at the base. Stamens 5. Style short or none : stigma 2-lobed, persistent. Capsule 1 -celled, opening irregularly. • Seeds few or many. Testa woody. — Perennial aquatic herbs, with floating circular or cor- date spongy leave«. and white peduncled flowers clustered near the summit of the long petiole. 358 APOCYNACE^E. (DOGBANE FAMILY.) 1. L. lacunosum, Griseb. Leaves (l'-2'wide) cordate, entire, smooth; petioles (6' -12' long) filiform ; seeds smooth. (Villarsia cordata, Ell.) — Shal- low pondsy Florida, and northward. June and July. 2. L. trachyspermum, Gray. Leaves (3' -5' wide) circular, crenate, rough and pitted beneath 5 petioles stout, dotted, elongated ; seeds glandular- roughened. (Villarsia trachysperma, Ell.) — Ponds in deep water, Florida to North Carolina, and westward. April- June. ORDER 102. APOCYNACE-3E. (DOGBANE FAMILY.) Herbs or shrubs, with acrid milky juice, mostly opposite entire exstipu- late leaves, and regular cymose or panicled flowers. — Calyx free, 5-parted, imbricated in the bud, persistent. Corolla bell-shaped, funnel-shaped, or salver-form, 5-lobed, convolute in the bud. Stamens 5, distinct, inserted on the tube of the corolla : anthers mostly sagittate, erect, introrse. Pol- len granular. Ovaries 2, distinct, their styles united. Fruit few - many- seeded. Seeds anatropous or amphitropous, naked, or bearing a tuft of down at the apex (comose). Embryo straight in scarce albumen.- Synopsis. * Fruit a many -seeded follicle. 4- Seeds comose. Leaves opposite. 1. APOCYNUM. Corolla bell-shaped, with scale-like appendages at the base of the lobes. Herbs. 2. FORSTERONIA. Corolla funnel-shaped. Stamens inserted at the base of* the corolla. Twining shrubs. 3. ECHITES. Corolla funnel- or salver-shaped. Stamens inserted above the base of the corolla. H- t- Seeds naked. Leaves opposite or alternate. 4. AMSONIA. Corolla funnel-shaped. Flowers panicled. Leaves alternate. 5. VINCA. Corolla salver-shaped. Flowers axillary. Leaves opposite. * # Fruit a few-seeded drupe. 6. VALLESIA. Corolla salver-shaped. Leaves alternate. Flowers in cymes. f 1. APOCYNUM, Tourn. INDIAN HEMP. Calyx 5-parted. Corolla bell-shaped, 5-lobed, with scale-like appendages at the base of the lobes. Stamens inserted on the base of the corolla : anthers sagittate. Stigma sessile, 2-lobed. Follicles long and slender. Seeds numer- ous, obovoid, comose. — Perennial erect branching herbs, with opposite oval or oblong mucronate petioled leaves, and small white flowers in lateral and termi- nal cymes. 1. A. cannabinum, L. Stem smooth, with erect branches ; leaves oval or oblong, mucronate, pubescent beneath ; cymes terminal, close-flowered, shorter than the leaves ; calyx-lobes lanceolate, as long as the tube of the greenish-white corolla; lobes of the corolla erect. (A. pubescens, R. Br.) — Var. GLABEKRI- \ APOCYNACE^E. (DOGBANE FAMILY.) 359 MUM. Smooth throughout; leaves narrower, often acute at each end. — Dry or damp soil, Florida, and northward. July and Aug. — Stem 2° - 3° high. Leaves 2' - 3' long. Corolla 2" long. 2. A. androssemifolium, L. Stem smooth, with spreading branches ; leaves oval or ovate, smooth, or pubescent beneath ; cymes axillary and termi- nal, long-peduncled, commonly exceeding the leaves, loose-flowered ; calyx-lobes ovate, shorter than the tube of the white or pale rose-colored corolla ; lobes of the corolla spreading or revolute. — Rich soil, North Carolina, and northward. June and July. — Stem 2'-3f high. Corolla twice as large as in No. 1. 2. FORSTERONIA, Meyer. Calyx 5-parted, mostly glandular at the base within. Corolla funnel-shaped, 5-cleft, without appendages. Filaments slender, inserted on the base of the corolla : anthers linear-sagittate. Nectary of 5 distinct or partly united thickish glands. Stigma simple or 2-lobed, 5-angled. Follicle slender. Seeds linear- oblong, comose. — Twining shrubs, with opposite petioled leaves, and small flowers in lateral and terminal cymes. 1. IP. diffbrmis, A. DC. Leaves ovate-lanceolate, lanceolate or linear, acuminate, narrowed into a petiole, smooth, or, like the branchlets, pubescent when young ; cymes spreading, as long as the leaves ; flowers greenish. (Echi- tes difformis, Walt.) — River-banks, Florida to North Carolina. May -Aug. — Stem twining, 10°- 15° high. Leaves 2' -3' long. Corolla 4" long. Follicles 6' -9' long. 3. ECHITES, P. BROWNE. Calyx 5-parted, with 3-5 glands at the base within. Corolla salver- or funnel-shaped, 5-lobed ; the tube mostly elongated, and dilated above the in- sertion of the stamens. Filaments very short : anthers sagittate, bearing the pollen, and adhering to the stigma in the middle. Nectary of 5 distinct or partly united glands. Style simple : stigma thick, with a spreading membra- nous appendage at the base. Follicles long and slender. Seeds linear-oblong, comose or plumose. — Erect or twining shrubs, with opposite leaves, and cy- mose axillary and terminal mostly fragrant flowers. 1. E. umbellata, Jacq. Smooth; stem twining; leaves distant, oval, mucronate, slightly cordate, short-petioled, parellel-veined ; peduncles shorter than the leaves, 3 - 7-flowered ; calyx-lobes ovate, acuminate ; corolla salver- form, the cylindrical tube (2' long) slightly dilated above the insertion of the stamens, four times as long as the rounded spreading lobes, pubescent within ; anthers awnless ; stamens inserted near the middle of the tube. — South Florida. — Leaves 1^'- 2' long, recurved and folded. Flowers white ? 2. E. Andrews!!. Smooth ; stem low, erect or twining ; leaves approx- imate, oval or oblong, mucronate, acute or rounded at the base, the margins revolute ; peduncles axillary, 3 - 5-flowered, shorter than the leaves ; calyx- lobes lanceolate-subulate ; tube of the corolla much,. dilated above the insertion 360 APOCYNACEJE. (DOGBANE FAMILY.) of the stamens, bell-shaped, scarcely longer than the ovate spreading lobes ; anthers tapering into a long bristle-like awn ; glands of the nectary 5, rounded, as long as the ovaries. (E. suberecta, Andr. Neriandra suberecta, A. DC.) — Sandy shores, South Florida. — Stem 1° - 2° high. Leaves l£'- 2' long. Tube of the corolla 1' long, £' wide. 4. AMSONIA, Walt. Calyx small, 5-parted. Corolla funnel-form, 5-lobed, bearded within. Sta- mens inserted above the middle of the tube : anthers oblong, obtuse. Stigma globose, surrounded by a cup-shaped membrane. Follicles slender. Seeds in a single row, terete, truncated at each end, naked. — Erect branching perennial herbs, with alternate leaves, and small pale blue flowers in a terminal panicle. 1. A. Tabernsemontana, Walt. Stem smooth, branching above ; leaves ovate, ovate-lanceolate, or lanceolate, acute or acuminate at each end, glaucous beneath, short-petioled ; tube of the corolla slender, smooth, or woolly above, many times longer than th« minute calyx ; follicles spreading. (A. latifolia, Michx. A. salicifolia, Pursh.) — Swamps and wet banks, Florida to Mississippi, and northward. May and June. — Stem 2° high. Leaves l'-4; long, often slightly pubescent beneath. Panicle open or contracted. Follicles 4' - 6' long. 2. A. ciliata, Walt. Stem hairy, at length much branched above ; leaves very numerous, linear or linear-lanceolate, acute at each end, fringed on the margins ; corolla smooth. — Dry sandy soil, Florida to North Carolina. April and May. — Stem at length 2° -3° high. Leaves l'-2' long. Corolla pale blue or white. Follicles more slender than those of the preceding. 5. VINCA, L. PERIWINKLE. Calyx 5-parted. Corolla salver-form, 5-lobed, thickened or angular at the throat, the narrow tube hairy within. Anthers oblong, longer than the filaments. Glands 2, alternating with the ovaries. Style slender : stigma thick, with an inverted cup-shaped membrane at the base. Follicles 2, linear, erect. Seeds oblong, rough, naked. — Herbs or shrubby plants, with opposite short-petioled leaves, and axillary mostly solitary showy flowers. 1. V. rosea, L. Shrubby, pubescent; stem erect, branching; leaves ob- long, rounded at the apex, mucronate ; flowers solitary or by pairs, nearly sessile ; lobes of the corolla white or pale rose-color, obliquely obovate, mucro- nate, shorter than the downy tube ; a row of hairs at the throat and another on the tube below. — South Florida, and in the streets of Apalachicola, probably introduced. Flowering through the summer. 6. VALLESIA, Euiz and Pavon. Calyx 5-parted. Corolla salver-shaped, 5-lobed. Stamens inserted on the throat of the corolla : anthers cordate-ovate, longer than the slender filaments. Nectary none. Ovaries 4-evuled. Stigma club-shaped. Drupe mostly solitary, ASCLEPIADACE^E. (MILKWEED FAMILY.) 361 obovoid, 1 - 2-seeded. Seeds naked, club-shaped, furrowed. Radicle thick, inferior. — Shrubs. Leaves alternate. Cymes long-peduncled, opposite the leaves. 1 • V. chiOGOCCOides, Kunth. Smooth ; leaves lanceolate-oblong, acute at each end, short-petioled ; cymes forking, spreading, as long as the leaves, many -flowered ; lobes of the corolla linear, shorter than the tube, hairy within ; style slender ; stigma 2-lobed, globose below the apex. — South Florida. — Leaves l£'- 2' long. Corolla 3" long. Drupe 4" long, 1 -seeded. ORDER 103. ASCJLEPIADACEJE. (MILKWEED FAMILY.) Erect or twining herbs or shrubs, with milky juice, entire commonly opposite leaves without stipules, and umbellate or cymose flowers. — Ca- lyx 5-parted, persistent. Corolla 5-parted, mostly valvate in the bud, hypogynous, deciduous. Stamens 5, inserted on the base of the corolla, the filaments united in a tube (gynostegium) which encloses the ovaries, and bears appendages of various forms, which are collectively termed the stamineal crown. Anthers erect, 2 - 4-celled, expanding above into a thin membrane. Pollen united in flattened waxy pear-shaped masses, which are equal in number to the cells of the anthers, and fixed to the five an- gular processes of the stigma by a slender stalk, pendulous or horizontal. Styles 2, the thick and fleshy stigma common to both. Fruit a follicle. Seeds anatropous, imbricated on the thick and at length free placenta, and commonly bearing at the hilum a tuft of hairs (coma). Embryo straight in thin albumen. Cotyledons leafy. Synopsis. TRIBE I. ASCLEPI ADEJE. — Pollen-masses 10, fixed by pairs to the cleft processes of the flat or conical stigma, pendulous. # Stamineal crown single, 5-leaved. •«- Lobea of the corolla reflexed or spreading. 1. ASCLEPIAS. Leaves of the crown enclosing a horn-like appendage. 2. ACERATES. Leaves of the crown without appendages. 4- t- Lobes of the corolla erect. 3. PODOSTIGMA. Stigma long-pedicel led. Corolla smooth, wavy. Stem erect. 4- METASTELMA. Stigma sessile or pedicelled. Corolla downy within. Stems twining. * * Stamineal crown single, 5-lobed. 5 SEUTERA. Stigma conical. Crown deeply 6-parted. 6. CYNOCTONUM. Stigma flat. Crown crenately 5 lobed. * * * Stamineal crown double. 7- SARCOSTEMMA. Outer crown annular ; the inner one 6-leaved. TEIBE n. GONOLOBE-flE. — Pollen-masses 10, fixed by pairs at the angles of the depressed stigma, horizontal. 8. GONOLOBUS. Crown simple, annular. Stems twining. Leaves cordate. 31 362 ASCLEPIADACEJE. (MILKWEED FAMILY.) 1. ASCLEPIAS, L. MILKWEED. SILKWEED. Calyx 5-parted. Corolla wheel-shaped, deeply 5-parted, reflexed. Crown composed of 5 hooded leaves, each containing an incurved horn-like appendage. Pollen-masses 10, by pairs, each pair occupying the contiguous cells of adjacent anthers, and suspended by a slender stalk from the projecting angles of the stigma. Follicle many-seeded. Seeds obovate, flat, usually comose. — Perennial herbs, with mostly simple (not twining) stems, and opposite alternate or whorled leaves. Flowers in lateral (between the leaves) and terminal umbels. § 1. Stems herbaceous : seeds comose. * Follicles spiny : leaves opposite. 1. A. Cornuti, Decaisne. Softly pubescent ; stem stout, erect, obscurely 4-angled ; leaves oval-oblong, short-petioled, mucronate, soon smooth above, the lowest somewhat cordate ; umbels numerous, many-flowered, long-peduncled ; corolla greenish-purple, one fourth as long as the pedicels ; leaves of the crown pale purple, ovate, obtuse, longer than the incurved horn ; follicle ovate-oblong, woolly, armed with soft spines. (A. Syriaca, L.) — Fields and road-sides, New Berne, North Carolina, Groom, and northward. June and July. — Stem 3° - 4° high, sometimes branched. Leaves 4' - 8' long. Pedicels 1' - \^( long, purplish. Corolla £' wide. =fc * Follicles spineless. •- Leaves opposite, oval or oblong, narrowed into a petiole. 2. A. phytolaccoides, Pursh. Stem tall, smooth; leaves ovate or ovate-lanceolate, tapering at each end, paler and minutely pubescent beneath, membranaceous ; umbels long-peduncled, many-flowered; pedicels filiform, drooping, nearly as long as the peduncle ; corolla pale greenish ; leaves of the crown white, truncated, 2-toothed, shorter than the subulate incurved horn. — Low grounds along the mountains, and northward. June and July. — Stem 3° - 5° high. Leaves 6' - 9' long. Pedicels 2' - 3' long. 3. A. purpurascens, L. Stem smooth ; leaves ovate-oblong, acute, short-petioled, paler and pubescent beneath ; umbels 1-2, terminal, peduncled, many-flowered ; pedicels half as long as the peduncle, and twice as long as the dark purple corolla ; leaves of the crown oblong, abruptly contracted above, twice as long as the incurved horn and nearly sessile gynostegium. — Thickets and borders of woods, Tennessee, North Carolina, and northward. June and July. — Stem 2° -3° high. Leaves 4' -7' long. Pedicels 9" -15" long, pu- bescent. 4. A. variegata, L. Stem stout, leafless below, pubescent in lines ; leaves oval, oblong, or obovate, cuspidate, smooth on both sides ; umbels 3-5, pubes- cent, closely flowered, the upper ones corymbose ; pedicels erect, as long as the peduncle ; corolla white ; leaves of the crown roundish, longer than the purplish gynostegium, equalling the thick awl-pointed incurved horn. (A. nivea, Pursh.) — Dry open woods and borders of fields, Florida1 to Mississippi, and northward. May and June. — Stem 2° - 3° high, purplish. Leaves rather thick, 2' - 3' long. Peduncles 9" - 12" long. ASCLEPIADACE^E. (MILKWEED FAMILY.) 363 5. A. incarnata, L., var. pulchra. Hairy; stem erect, branching; leaves oblong or oblong-lanceolate, acute, nearly sessile; umbels numerous, somewhat corymbose, long-peduncled, often compound; pedicels erect, much shorter than the peduncle ; corolla small, reddish-purple ; leaves of the cro\vn flesh-color, ovate, as long as the slender incurved horns, and twice as long as the short-stalked gynostegium. (A. pulchra, Willd,} — Swamps in the upper dis- tricts, Georgia, and northward. June and July. — Stem 3° - 4° high. Leaves 4' - 6' long. 6. A. tomentosa, Ell. . Pubescent or villous ; stem stout, very leafy ; leaves oblong or oblong-lanceolate, cuspidate, undulate, somewhat hoary beneath, abruptly short-petioled ; umbels 4-10, alternate, nearly sessile, many-flowered ; pedicels three times as long as the large greenish corolla ; leaves of the crown obovate, truncated, shorter than the gynostegium and the broad abruptly pointed erect horn. (A. aceratoides, M. A. Curtis.} — Dry sandy pine barrens, Florida to North Carolina. June and July. — Stem l°-4° high. Leaves 2' -3' long, thick, on rather slender petioles. Pedicels 1' long. Corolla £' wide. Follicles lanceolate, tomentose, 4' - 6' long. 7. A. obovata, Ell. Tomentose ;~ stem stout, very leafy; leaves thick, oblong-oval or obovate, cuspidate, undulate ; the midrib, like the short (2" long) petiole, very thick and prominent ; umbels nearly sessile, closely 10 - 14-flowered ; the stout pedicels barely twice as long as the large yellowish-green corolla ; leaves of the crown purplish, twice as long as the gynostegium, and equalling the incurved horn ; follicle tomentose. — Dry gravelly or sandy soil, Georgia, Florida, and westward. June and July. — Stem l°-2° high. Leaves and flowers as large as those of the preceding. -t- •(- Leaves opposite, lanceolate or linear, narrowed into a petiole. 8. A. cinerea, Walt. Stems erect, slender, pubescent in lines ; leaves long, narrowly linear, distant, spreading; umbels 3-6, commonly longer than the leaves, 5 - 7-flowered, the slender drooping pedicels longer than the peduncle ; flowers small, purple without, ash-color within ; leaves of the crown obliquely truncated, 2-toothed at the inner angle, shorter than the gynostegium, longer than the thick horn ; follicle smooth, linear. — Flat sandy pine barrens, Florida to South Carolina. June -Aug. — Stem l°-2° high. Leaves 2' -3' long, I" wide, somewhat glaucous; the uppermost often minute. Corolla 3" -4" wide. Follicle 3' -4' long. ^ 9. A. viridula, n. sp. Stem slender, pubescent in lines ; leaves linear, erect; umbels shorter than the leaves, 6-12-flowered, the erect or spreading pedicels as long as the peduncle ; corolla small, yellowish-green ; leaves of the crown oblong, spreading at the apex, rather longer than the erect subulate horn, and twice as long as the gynostegium ; follicle smooth, linear. — Pine-barren swamps, West Florida. June and July. — Stem 10' - 15' high. Leaves 2' long. Corolla 3" wide. Follicle 3' long. 10. A. paupercula, Michx. Stem smooth, tall; leaves elongated, linear or linear-lanceolate, acuminate, rough-margined, the upper ones small and re- mote; umbels 2-5, corymbose, 6 - 10-flowered ; pedicels pubescent, about as 364 ASCLEPIADACE^E. (MILKWEED FAMILY.) long as the peduncle ; corolla deep red ; leaves of the crown oblong, erect, bright orange, more than twice as long as the subulate incurved horn and the short-stalked gynostegium ; follicle lanceolate, minutely pubescent. — Marshes, Florida, and northward. June and July. — Stem 2°- 4° high. Leaves 6' - 12' long. Corolla 3" - 4" long. 11. A. Curassavica, L. Stem somewhat shrubby, branching, slightly pubescent, leafy to the summit ; leaves thin, lanceolate, acuminate, smooth ; umbels corymbose, long-peduncled, 8-10-flowered, pubescent; pedicels much shorter than the peduncle ; corolla scarlet ; leaves of the crown bright orange, oblong, erect, longer than the stalked gynostegium, shorter than the thick in- curved horn ; follicle ovate-lanceolate, velvety. — South Florida. April - Nov. — Stem 1° - 2° high. Leaves 3' -4' long. Corolla 3" long. -«-•»- H- Leaves opposite, ovate or oblong, more or less cordate, nearly sessile. 12. A. rubra, L. Smooth; stem simple, naked at the summit; leaves ovate or ovate-lanceolate, acuminate, rounded or slightly cordate at the base,- very short-petioled ; umbels 1-3, terminal, sessile, few-flowered ; lobes of the corolla lanceolate, acute, reddish-purple ; leaves of the crown oblong, acute, purplish, barely longer than the subulate incurved, horn, and twice as long as the- short-stalked gynostegium; follicle smooth. (A. laurifolia, Michx.) — Wet pine barrens, Georgia, and northward. June- July. — Stem 2° -4° high. Leaves 2' - 4' long. 13. A. obtusifolia, Michx. Smooth and somewhat glaucous ; stem erect; leaves oblong, undulate, mucronate, cordate and partly clasping at the base ; umbels 1-3, lateral and terminal, long-peduncled, many-flowered ; corolla greenish-purple ; leaves of the crown truncated and somewhat toothed at the apex, rather longer than the gynostegium, much shorter than the subulate incurved horn; follicle smooth. — Sandy soil, Florida, and northward. June- July. — Stem 2° - 3° high. Leaves 2' - 3' long, the midrib very broad. Corolla- lobes 3" long. Pedicels pubescent 14. A. amplexicaulis, Michx. Smooth and glaucous ; stem declining, very leafy ; leaves large, fleshy, ovate, obtuse, cordate and clasping at the base, veined with white ; umbels 3-6, lateral and terminal, many-flowered, the smooth and slender pedicels shorter than the peduncle ; corolla ash-color ; leaves of the crown oval, obtuse, white, longer than the gynostegium, and the nearly straight horn. — Dry sandy pine barrens, Florida to North Carolina. April and May, — Stems several, l°-2° long. Leaves 4' -5' long, the midrib broad and prominent. -v- H- -i- -t- Upper and lower leaves mostly opposite, the middle ones whorled. 15. A. quadrifolia, Jacq. Somewhat pubescent; stem slender, simple ; leaves thin, ovate or ovate-lanceolate, acuminate, contracted into a petiole, pale beneath; umbels 2-5, many-flowered, the slender peduncle longer than the pedicels ; corolla pale-pink ; leaves of the crown white, oblong, obtuse, twice as long as the gynostegium and stout horn. — Mountains of Carolina, and north- ward. June - Aug. — Stem 1 ° - 1 £° high. Leaves 2' - 3' long. ASCLEPIADACE^l. (MILKWEED FAMILY.) 365 16. A. verticillata, L. Stem slender, branching, pubescent ; leaves narrowly linear, with the margins revolute, 4-5 in a whorl ; umbels several, small, the peduncle and pedicels nearly equal ; corolla greenish ; leaves of the crown white, roundish, half as long as the slender incurved horn. — Open woods and fence-rows, Florida, and northward. July - Sept. — Stem 2° - 3° high. Leaves 1 ' - 2' long. Follicle smooth. •t- •(- •(--<-•»- Leaves alternate, or the lowest opposite. 17. A. tuber osa, L. Hirsute; stem erect or declining, widely branched above, very leafy ; leaves varying from linear to oblong, acute, short-petioled ; umbels numerous, corymbose ; corolla yellowish-orange ; leaves of the crown bright orange, erect, oblong-lanceolate, twice as long as the gynostegium, and rather longer than the slender incurved horn. — Light dry soil, common. June and July. — Stem 1° -2° long. 18. A. Michauxii, Decaisne. Pubescent ; stems several, short, prostrate ; leaves linear, erect, the lower ones mostly opposite ; umbels 1-3, terminal, sessile or peduncled ; flowers gray and purple ; leaves of the crown ovate, spreading, as long as the subulate horns, and longer than the gynostegium; follicle long, linear-lanceolate, tomentose. (A. angustifolia, Ell., Michx. in part.) — Low sandy pine barrens, Florida to South Carolina. April - May. — Stems 6'- 12' long. Leaves 3'- 4' long. Follicle 4' -5' long. Flowers fragrant. § 2. Stem shrubby : seeds mostly naked. 19. A. perennis, Walt. Stem branched, pubescent in lines, shrubby at the base ; leaves thin, lanceolate or oblong-lanceolate, tapering at each end, paler beneath; umbels 5-7, long-peduncled, pubescent, the upper ones corym- bose ; corolla small, white ; leaves of the crown spreading, half as long as the needle-shaped, erect horn ; follicle ovate-lanceolate, smooth. (A. parviflora, Pursh. A. debilis, Michx.) — Muddy banks of rivers, Florida to South Caro- lina. June -Aug. — Stem 1° - 2° high. Leaves 2' - 4' long. 2. ACERATES, Ell. Leaves of the crown destitute of a horn-like appendage. Otherwise like Asclepias. Leaves opposite. 1. A. viridiflora, Ell. Pubescent; stem stout, simple; leaves varying from oval or obovate to lanceolate, acute, obtuse, or emarginate, undulate, short- petioled; umbels lateral and terminal, nearly sessile, densely many-flowered; flowers small, greenish ; leaves of the crown oblong, erect, as long as the sessile gynostegium. — Dry sterile soil, Florida, and northward. June and July. — Stem 1°- 1\|° high. Leaves l£'- 2$' long. 2. A. connivens, Decaisne. Stem stout, simple, pubescent above ; .eaves nearly sessile, erect, mucronate, the lower ones approximate, oblong or oblong- obovate, the upper more distant, smaller and lanceolate ; umbels 3-6, 6-9- flowered, the stout peduncle and pedicels nearly equal, pubescent ; flowers large, greenish ; leaves of the crown oblong, incurved, twice as long as the gynoste- 31* t 366 ASCLEPIADAC'E^E. (MILKWEED FAMILY.) gium, with their rounded summits connivent over it. — "Wet pine barrens, Florida and Georgia. June and July. — Stem 1° - 2° high. Leaves 1' - 2' long, some- what fleshy. Corolla 8" - 1 0" wide. * * Leaves alternate. 3. A. paniculata, Decaisne. Closely pubescent ; stem angular, often branching ; leaves oblong or lance-oblong, acute or obtuse at each end, short- petioled ; umbels corymbose, often compound ; corolla large, greenish, spread- ing or nearly erect ; leaves of the crown oblong, obtuse, ascending, shorter than the nearly sessile gynostegium. (Podostigma viridis, Ell.) — Dry pine barrens, Florida to South Carolina. July. — Stem 1° - l£° high, leafy to the summit. Leaves 3'- 4' long. Corolla 1' wide. 4. A. longifolia, Ell. Pubescent ; stem terete ; leaves linear and linear- lanceolate, acute at each end, slightly petioled, rough-margined, the lowest com- monly opposite, sometimes whorled ; umbels pubescent, slender-peduncled, many-flowered, alternate, opposite or whorled ; flowers small, pale purple ; corolla reflexed ; leaves of the crown deep purple, oval, shorter than the gy- nostegium, and adnate to its stalk ; follicle lanceolate, tomentose. (Asclepias angustifolia, Michx. in part.) — Low pine barrens, Florida, and northward. July. — Stem 1° - 1\|° high. Leaves 3' - 6' long. Corolla 4" wide. 3. PODOSTIGMA, Ell. Calyx 5-parted. Corolla 5-parted, with the lobes erect. Leaves of the crown destitute of a horn, ascending, incurved-beaked at the apex, united with the base of the long and slender gynostegium. Stigma small, depressed. Seeds comose. — A low pubescent simple-stemmed perennial herb, with opposite lanceolate sessile leaves, and few-flowered umbels on lateral peduncles. 1. P. pubescens, Ell. — Low pine barrens, Florida to North Carolina. June -Oct. — Root tuberous. Stem 6' -12' high. Leaves erect, l'-2' long. Umbels of 4 - 6 orange-colored flowers. Corolla 4" - 5" long, as long as the pedicel, longer than the short peduncle, the oblong lobes wavy on the margins. Follicles linear-lanceolate, tomentose, 4' - 6' long, many-seeded. Seeds oval, winged. 4. METASTELMA, K. Brown. Calyx 5-parted. Corolla bell-shaped, the lobes mostly hoary-pubescent within Crown 5-leaved, inserted on the base or on the summit of the gynostegium. Stigma flat. Follicles slender, smooth. Seeds comose. — Twining shrubs, with smooth leaves. Umbels few-flowered. Flowers small, white. 1. M. Schlectendalii, Decaisne. Branches pubescent ; leaves oblong or obovate, cuspidate, rather acute at the base, on slender petioles ; peduncles 3 - 6-flowered, as long as the petiole, shorter than the pedicels ; sepals obtuse, ciliate ; Iobes«bf the corolla ovate-lanceolate, incurved, densely pubescent within ; leaves of the crown oblong, inserted on the summit of the slender gynostegium, as long as the stigma. — South Florida. — Leaves £'- 1\|' long, the margins rev- olute. Corolla 2" long. Gynostegium 5-winged at the base. ASCLEPIADACE^E. (MILKWEED FAMILY.) 367 2. M. parviflorum, B. Brown. Herbaceous ? stem very slender, pubes- cent in lines ; leaves smooth, linear-lanceolate, falcate, acuminate, rounded at the base, short-petioled, drooping ; umbels sessile or short-peduncled, 4 - 6-flowered ; sepals smooth, acute ; lobes of the corolla linear, incurved at the apex, very pubescent within ; leaves of the crown inserted on the base of the sessile gynos- tcgium, linear, erect, exceeding the stigma. — South Florida. — Leaves 6'' -8" long. Corolla 1" long. 3. M. Fraseri, Decaisne. Branches slender, pubescent in lines ; leaves oval or round-ovate, mucronate ; umbels sessile ; pedicels short, smooth ; lobes of the corolla ovate, acute, thickiih, pubescent on the margins ; leaves of the crown linear, as long as the corolla, longer than the gynostegium. — In Caro- lina, Fraser. ( * ) 5. SEUTEEA, Beich. Calyx 5-parted. Corolla somewhat wheel-shaped, 5-parted, with narrow acute smooth lobes. Crown simple, deeply 5-parted, inserted on the base of the sessile gynostegium ; the lobes ovate, flattened. Stigma conical, longer than the anthers. Follicles smooth. Seeds comose. — A slender partly shrubby twining vine, with fleshy linear drooping leaves, and long-peduncled umbels of greenish flowers. 1. S. maritima, Decaisne. (Lyonia, Ell.) — Salt marshes, Florida to North Carolina. July and Aug. — Stem shrubby at the base ; the branches twining around rushes and saline grasses. Leaves 2' long. Peduncles com- monly longer than the leaves, many-flowered. Lobes of the corolla lanceolate, imbricated in the bud. Lobes of the crown obtuse, as long as the stigma. 6. CYNOCTONUM, Meyer. Calyx 5-parted. Corolla wheel-shaped, 5-parted. Stamineal crown simple, enclosing the base of the sessile gynostegium, 5-lobed or 5-crenate. Anthers membranaceous at the apex. Stigma flattish. Follicles linear, spreading or reflexed. Seeds comose. — Perennial or shrubby twining plants. Leaves mostly cordate. Umbels lateral. 1. C. ? SCOparium. Stems much branched, pubescent in lines, shrubby at the base ; leaves thin, linear, cuspidate, tapering into a petiole, smoothish ; um- bels nearly sessile, few-flowered, shorter than the leaves ; calyx-lobes ovate, obtuse, pubescent like the pedicels ; corolla smooth, the spreading lobes lanceo- late, obtuse ; crown crenately 5-lobed, shorter than the gynostegium ; follicles very slender, widely spreading ; seeds linear, wingless. (Cynanchum scoparium, Nutt.) — Dry rich soil, near the coast, West Florida to Key West. — Leaves £'- 1' long. Flowers green, less than a line long. Follicles 1' long. 7. SARCOSTEMMA, B. Brown. Calyx 5-parted. Corolla wheel-shaped, 5-parted. Crown double ; the exte- rior forming a ring at the base of the corolla; the interior longer, 5-leaved Stigma pointed, notched. Follicles slender, smooth. Seeds comose. — Erect or 368 OLEACE^E. (OLIVE FAMILY.} twining shrubs. Leaves often cordate. Flowers yellow or white, in lateral umbels. 1 . S. crassifolium, Decaisne. Stem smooth and twining ; leaves nearly sessile, oblong, mucronate, rounded at the base ; peduncles stout, 8 - 12-flowered, 2-3 times as long as the leaves and pedicels ; lobes of the corolla ovate, obtuse, spreading ; the outer surface, like the calyx and pedicels, pubescent ; leaves of the inner crown oval, rather exceeding the stigma and anthers. — South Florida. — Leaves somewhat fleshy, 9"- 12" long. Corolla 3" wide. Ovary villous. 8. GONOLOBUS, Michx. Calyx 5-parted, spreading. Corolla wheel-shaped, 5-parted, the lobes spread- ing, twisted in the bud. Crown a wavy-lobed ring at the throat of the corolla. Gynostegium flattened, depressed. Anthers opening transversely. Pollen- masses horizontal. Follicles inflated, angled, and often armed with soft spines. Seeds comose. — Twining herbs, with opposite petiolate cordate leaves, and yel- lowish or purplish flowers, in lateral corymbs or umbels. 1. G. macrophyllus, Michx. Hairy; leaves oblong-ovate, cordate, abruptly acuminate ; umbels peduncled, several-flowered ; pedicels spreading, unequal, shorter than the petioles ; corolla dull-purplish, conical in the bud ; the lanceolate obtuse lobes more or less pubescent within, green at the apex ; folli- cle strongly ribbed. — Low thickets, Florida, and northward. July and Aug. — Leaves,2'-6' long. 2. G. hirsutllS, Michx. Hirsute ; leaves round-ovate, cordate, abruptly acute ; umbels about as long as the petioles ; corolla yellowish-green, ovate in the bud, the ovate obtuse lobes pubescent without ; follicles armed with soft spines. — Light rich soil, Florida, and northward. — Leaves 4' -6' long. 3. G. prostratllS, Baldw. Stem dividing at the base into many divari- cate branches, 6'- 12' long, hairy; lower leaves often reniform, the upper cordate, generally acute, all slightly hairy on both sides, and ciliate ; umbels axillary, 3-flowered ; flowers small, purplish ; petals ovate, obtuse ; follicles oval, smooth. — Sand-hills near the Altamaha River, Georgia, Baldwin. ( * ) ORDER 104. OL.EACE.flE. (OLIVE FAMILY.) Trees or shrubs, with opposite entire or pinnate exstipulate leaves, and perfect polygamous or dioecious flowers. — Calyx 4-toothed. Corolla 4-lobed or 4-petalous, valvate in the bud, sometimes wanting. Stamens 2-7. Ovary 2-celled, with 2 suspended anatropous ovules in each cell. Style single or none. Fruit 1 - 2-seeded. Embryo straight, in hard albumen. Synopsis. TRIBE I. OLEINE^E. Fruit a drupe or berry. Flowers with both calyx and corolla. Leaves simple, entire. 1. OLEA. Flowers polygamous. Corolla salver-shaped, with short lobes. 2. CHIONANTHUS. Flowers perfect. Corolla wheel-shaped, with elongated lobes. OLEACEJE. (OLIVE FAMILY.) 369 TRIBE II. FRAXINEJE. Fruit a samara. Flowers dioecious, apetalous. Leaves pinnate. 3. FRAX1NUS. Flowers in lateral and tenrinal panicles. Calyx minute or rarely want- ing. Trees. TRIBE III. FORESTIERE.32. Fruit a drupe. Flowers dioecious or perfect, apeta- lous. Leaves simple. 4. F011ESTIERA. Flowers mostly dioecious, from scaly axillary buds. Shrubs. 1. OLEA, Tourn. OLIVE. Calyx 4-toothed. Corolla short-salver-form, 4-lobed. Stamens 2. Style short. Stigma globose or 2-lobed. Drupe mostly 1-seeded, oily. — Trees or shrubs, with opposite coriaceous entire leaves, and small white fragrant flowers, in axillary racemes or panicles. 1. O. Americana, L. Smooth; leaves oblong or obovate-oblong, nar- rowed into a petiole; racemes compound, shorter than the leaves; flowers polygamo-dioecious, bracted ; drupe ovoid, dark purple. — Light soil, near the coast, Florida to North Carolina. March and April. — A shrub or small tree, with whitish bark and evergreen leaves. Drupe as large as a pea, bitter and astringent. 2. CHIONANTHUS, L. FRINGE-TREE. Calyx small, 4-cleft. Corolla wheel-shaped, 4-parted, with long and linear lobes. Stamens 2-4, included. Style very short : stigma notched. Drupe fleshy, 1-seeded. — A shrub, with oblong entire deciduous leaves, and delicate white flowers in slender axillary panicles, appearing with the leaves. 1. C. Virginica, L. — Light soil, Florida, and northward. April and May. — Shrub 6° -10° high. Leaves smooth or pubescent, narrowed into a petiole. Panicles longer than the leaves, leafy-bracted. Flowers on slender drooping pedicels. Corolla-lobes linear, 1' long. Drupe ovoid, purple. i 3. FRAXINUS, Tourn. ASH. Flowers dio3cious and (in our species) apetalous. Calyx 4-lobed or toothed, minute, sometimes wanting. Stamens 2 - 4 : filaments shorter than the large anthers. Stigma 2-cleft. Fruit (samara) dry, winged above, 1 -2-seeded. Co- tyledons elliptical. Kadicle slender. — Trees. Leaves petioled, odd-pinnate, deciduous. * Fruit naked and terete or barely margined and 2-edged at the base, winged above : leaflets 7-9, stalked. 1. P. Americana, L. (WHITE ASH.) Branches and petioles smooth; leaflets ovate-oblong or lanceolate-oblong, acuminate, entire, or slightly serrate above, smooth on the upper surface, pubescent or glaucous beneath ; fruit terete, striate, dilated at the apex into a cuneate-linear or lanceolate obtuse or notched wing. (F. acuminata and F. juglandifolia, Lam.) — Swamps, Florida to Mis- 370 OLEACE^E. (OLIVE FAMILY.) sissippi, and northward. April. — A large tree. Leaflets 2' - 4' long. Fruit l£' long. ^2. F. pubescens, Lam. (BED ASH.) Branchlets and petioles velvety- pubescent ; leaflets oblong-ovate or ovate-lanceolate, gradually acuminate, bright green above, pale and more or less pubescent beneath ; fruit acute at the base, flattish and somewhat 2-edged, gradually dilated upwards into a long lanceolate and often notched wing. (F. tomentosa, Michx.} — Swamps, Florida and north- ward. March and April. — A small tree. 3. P. viridis, Michx. (GREEN ASH.) Glabrous throughout ; leaflets ovate or oblong-ovate, more or less toothed, smooth and green both sides ; fruit as in No. 2, of which it may be a variety. — Swamps, Florida to Missis- sippi, and northward. March and April. — A small tree. * * Fruit winged all round the seed-bearing portion : leaflets 5-9, short-stalked. 4. P. quadrangulata, Michx. (BLUE ASH.) Branchlets square, smooth ; leaflets oblong-ovate or oblong, acuminate, sharply serrate, when young pubes- cent beneath ; fruit linear-oblong, obtuse at both ends. — Tennessee, and north- ward. May. 5. F. platycarpa, Michx. ("WATER ASH.) Branchlets terete, smooth or pubescent ; leaflets ovate or elliptical, serrate or almost entire, often pubes- cent beneath ; fruit broadly winged, oblong-obovate or oblong with a tapering and acute base, sometimes 3-winged. (F. triptera and F. pauciflora, Nutt.) — Deep river-swamps, Florida to Mississippi, and northward. March and April — A small tree. 4. FORESTIERA, Poir. (ADELIA, Michx.) Flowers dioecious or polygamous, from axillary scaly buds. Corolla none. Calyx minute, 4-lobed. Sterile flowers single or 3 together in the axils of im- bricated scaly bracts. Stamens 3 -7. Fertile flowers peduncled. Styles slender. Stigma capitate. Ovary 2-celled. Drupe ovoid, 1-seeded, black or blue. — Shrubs. Leaves opposite, petioled, serrulate. Flowers minute, greenish, pre- ceding the leaves. 1. P. porulosa, Poir. Leaves coriaceous, smooth at maturity, nearly sessile, ovate-lanceolate or oblong, obtuse, entire, punctate underneath, the margins entire and revolute ; drupe short-ovoid. — Coast of East Florida, Michaux, Leitner. 2. P. ligustrina, Poir. More or less pubescent ; the branchlets rough- ened with fine tubercles; leaves rather membranaceous, obovate or obovate- oblong, mostly obtuse, serrulate (!' long), contracted at the base into a distinct petiole ; drupe oval-oblong. — Rocky banks, Florida, Georgia, and westward. 3. P. acuminata, Poir. Glabrous or slightly pubescent when young; branchlets sometimes spinescent; leaves membranaceous (2' -3' long), ovate- lanceolate or ovate and tapering-acuminate at both ends, somewhat serrulate, slender-petioled ; drupe elongated-oblong, mostly pointed when young. — "Wet grounds, Georgia to Tennessee, and northwestward. ARISTOLOCHIACE^E. (BIRTHWORT FAMILY.) 371 DIVISION III. APETALOUS EXOGENOUS PLANTS. Floral envelopes single, consisting of a calyx only, or alto- gether wanting. ORDER 105. ARISTOLOCHIACEJE. (BIRTHWORT FAMILY.) Herbs or woody vines, with alternate petioled mostly cordate and entire leaves, and solitary peduncled dull-colored flowers. — Calyx adherent to the 6-celled ovary, tubular, valvate in the bud. Stamens 6-12, more or less united with the styles : anthers adnate, extrorse. Fruit 6-celled, few - many-seeded. Seed anatropous. Embryo minute, at the base of fleshy albumen. 1. ASARUM, Tourn. ASARABACCA. Calyx regular, 3-lobed. Stamens 12, the filaments partly united with the style, and usually prolonged beyond the anthers. Capsule fleshy, globose, open- ing irregularly — Aromatic perennial herbs, with creeping stems, long-petioled cordate or kidney-shaped leaves, and axillary peduncled flowers. § 1. ASARUM. — Calyx bell-shaped, adnate to the ovary, 3-parted: filaments free or nearly so : stigma 6-lobed. — Leaves deciduous. 1. A. Canadense, L. (WILD GINGER-ROOT.) Pubescent ; leaves 2, kid- ney-shaped ; calyx-lobes acuminate ; filaments as long as the style. — Mountains of North Carolina, and northward. April and May. — Flowers short-peduncled, purple within. § 2. HETEROTROPA. — Calyx inflated, nearly free from the ovary, 3-cleft: fila- ments united with the ovary: styles 6 : stigmas 2-cleJl. — Leaves evergreen, smooth, mottled. 2. A. Virginicum, L. Leaves round-cordate ; calyx inflated-bell-shaped, with rounded lobes; stigmas deeply 2-cleft. — Rich shady woods in the upper districts, Georgia, and northward. April and May. — Leaves single or 2-3 together, 2' long. Flowers 8" - 9" long, nearly sessile at the base of the petioles, greenish without, dull purple within. 3. A. arifolium, Michx. Leaves oblong-cordate; calyx pitcher-shaped, with rounded lobes ; stigmas slightly 2-cleft. — Shady woods in the lower dis- tricts, Florida to North Carolina. March and April. — Leaves 3' -4' long, auriculate at the base, long-petioled. Calyx 1' long, distinctly peduncled, con- tracted above the middle, dark purple within. 2. ARJSTOLOCHIA, Tourn. BIRTHWORT. Calyx tubular, commonly bent and inflated above the ovary. Anthers 6, ses- sile, adnate to the 3 - 6-lobed or angled stigma. Capsule 6-valved. — Erect or 372 NTCTAGINACE^. (FOUR-O'CLOCK FAMILY.) \ twining herbs or shrubs. Leaves alternate, cordate at the base. Flowers long- peduncled, axillary, or near the base of the stem. * Low herbs. 1. A. Serpentaria, L. Stems single or clustered, pubescent, zigzag and leafy above ; leaves short-petioled, varying from ovate to linear-lanceolate, cor- date or hastate at the base ; flowers near the base of the stem, on bracted spread- ing peduncles ; calyx tortuous, 3-lobed, dull purple. (A. hastata, Null.) — Shady woods, Florida to Mississippi, and northward. June -Aug. — Stem 8' -12' high. Leaves 2' -4' long. Calyx shaped like the letter S. * * Woody vines : capsule oblong, six-angled, 3' - 4' long. 2. A. SiphO, L'Her. Stem smoothish ; leaves large, orbicular-cordate, slightly pubescent beneath ; peduncles slender, solitary, with a roundish clasping bract near the base ; calyx curving upward, with the broad spreading brownish- purple border obscurely 3-lobed. — Rich woods along the mountains, Georgia, and northward. May. — Stem climbing high. Leaves G'- 12' broad. Calyx shaped like a Dutch pipe, 1 £' long. 3. A. tomentosa, Sims. Hoary-pubescent ; leaves cordate ; peduncles opposite the leaves, bractless, woolly ; calyx bent in the middle, the greenish rugose unequally 3-lobed border reflexed, thickened and dark brown at the nearly closed throat. — River-banks, Florida, to the mountains of North Caro- lina, and westward. May. — Stem very long. Leaves 3' - 5' long. Calyx similar in shape to the preceding, but smaller. ORDER 106. NYCTAGINACE^E. (FOUR-O'CLOCK FAMILY.) Herbs or shrubs with tumid joints. Leaves mostly opposite, simple, petioled, without stipules. — Calyx colored and resembling a corolla, tubular-bell-shaped or funnel-shaped, free from the 1-celled and 1-ovuled ovary, plaited in the bud, contracted in the middle, with the upper por- tion deciduous. Stamens 1 - several, hypogynous : anthers 2-celled, round- ish. Ovule erect. Style simple : stigma simple or branched. Achenium enclosed in the indurated, mostly ribbed, often glandular base of the calyx. Embryo coiled or folded around copious mealy albumen. Cotyle- dons leafy. Radicle inferior. Synopsis. * Flowers surrounded by a calyx-like involucre. 1. OXYBAPIIUS. Inyolu&re open, membranaceous, 5-lobed. Herbs. * * Flowers without an involucre. 2. BOERHAATTA. Flowers perfect. Embryo coiled. Herbs. 3. PISONIA. Flowers dioecious. Embryo straight. Shrubs. 1. OXYBAPHITS, Vahl. Flowers perfect, 1 - 5 in a cluster, surrounded by an open cup-shaped 5-lobed involucre. Calyx-tube very short; the bell-shaped limb 5-lobed, deciduous. NYCTAGINACE^E. (FOUR-O'CLOCK FAMILY.) 373 Stamens 3, exserted. Style slender : stigma capitate. Achenium enclosed in the indurated ribbed persistent base of the calyx. — Erect herbs, from thick perennial roots. Leaves opposite. Flowers terminal, purple or rose-color. 1. O. angustifolius, Sweet. Stem smoothish, branching above; leaves linear-lanceolate, smooth, obtuse at the sessile base; the upper ones distant, acute; flowers loosely panicled; involucre with rounded hairy lobes, at length enlarged and strongly nerved, 3-flowered ; base of the calyx villous. — South Carolina, and westward. — Stem 3° -4° high. Leaves 2' long. Calyx 4"- 5" long, whitish, veiny. 2. O. albidus, Sweet. Stem erect, 4-angled, furrowed, glandular, pubes- cent ; branches opposite ; leaves oblong-lanceolate, roughish ; peduncles oppo- site, the lower ones solitary, the upper clustered ; involucre hairy ; base of the calyx 5-6-angled, almost hispid. (Allionia albida, Ell.) — Near Columbia, S. C., Elliott. 2. BOERHAAVIA, L. Flowers perfect, Involucre none. Calyx-tube cylindrical or obconical, 5- ribbed; the limb colored, funnel-shaped, 5-lobed, deciduous. Stamens 1-4: anthers minute, roundish. Style slender: stigma obtuse. Embryo folded. — Annual herbs, with diffuse branching stems, and opposite ovate or rounded leaves. Flowers small, in solitary or panicled clusters. 1. B. erecta, L. Stems ascending, branched from the base, smooth, tumid at the joints ; branches alternate ; leaves ovate or roundish, acute or mucronate, often more or less cordate, wavy along the margins, whitened and minutely dot- ted with black beneath ; clusters 3 - 5-flowered, in ample panicles ; stamens 2 ; fruit smooth, obconical, truncate, strongly ribbed. — Cultivated ground, Florida to South Carolina. July - Sept. — Stem l°-3° long. Leaves rather thick, 2' -3' long. Flowers small, purple. 2. B. hirsuta, Willd. Stem diffuse, alternately branched, minutely pubes- cent, hirsute above ; leaves ovate or oblong-ovate, mucronate, obtuse at the base, undulate, smooth, and similarly colored on both sides, ciliate on the margins ; clusters 3 - 6-flowered, forming a loose spreading panicle ; flowers minute ; calyx- limb hairy at the apex ; fruit obconical, rounded at the apex, with the ribs gland- ular-viscid. — South Florida. — Stem stout, 2° - 3° long. Leaves 1' - 2' long. 3. B. viscosa, Lag. Viscid or minutely pubescent ; stem terete, straight ; branches opposite ; leaves ovate-oblong or ovate-lanceolate, mucronate, acute at the base, smooth, whitish beneath, slender-petioled ; peduncles solitary, axillary, 2-cleft, mostly shorter than the leaves ; flowers capitate, minute ; stamens 3 ; fruit club-shaped, acutish, with the ribs glandular. — South Florida. — Stem 2°- 3° long. Leaves I'- l£' long. 3. PISONIA, Plum. Flowers dioecious. Involucre none. Calyx 5- or 10-toothed, funnel-shaped in the sterile flowers, tubular and persistent in the fertile. Stamens 6-10, exserted : 32 374 PHYTOLACCACE^. (POKEWEED FAMILY.) anther-cells distinct. Style mostly lateral : stigma many-cleft. Fruit terete or ribbed, smooth or glandular. Embryo straight. Cotyledons folded around the albumen. — Trees or shrubs, with opposite or alternate leaves, and mostly rose- colored flowers in corymbose cymes. 1. P. aculeata, L. Spiny; stem smooth; branches widely spreading; leaves alternate, short-petioled, ovate or elliptical, acute or obtuse, smooth ; cymes terminal, peduncled, pubescent, many-flowered; calyx of the sterile flower 10-toothed ; stamens 7 ; fruit club-shaped, 10-striate, and beset with 5 rows of shining viscid glands. — South Florida. — Shrub 5° high ; the spines short and recurved. Leaves l'-2' long. 2. P. obtusata, Swartz. Smooth, spineless; leaves oblong, rounded at the apex, tapering at the base, short-petioled, revolute on the margins, rigid ; cymes long-peduncled, many-flowered, the branches horizontal; fertile calyx 5-cleft, with the lobes narrow and acute ; stamens 7 ; fruit oblong, many-fur- rowed, glandless ; capsule truncate. — South Florida. — Leaves opposite, l'-2' long, light brown beneath. Flowers I'1 -2" long. ORDER 107. PHYTOLACCACE^E. (POKEWEED FAMILY.) Herbs or shrubs, with alternate entire leaves, and apetalous 3-bracted racemed or spiked flowers. — Calyx composed of 4 - 5 nearly equal sepals, more or less united at the base, unchanged in fruit. Stamens hypogynous, as many as the sepals and alternate with them, or numerous, free, or united at the base ; sterile ones none : anthers 2-celled, introrse. Ovary simple or compound. Ovules amphitropous or campylotropous, solitary, erect. Styles as many as the ovaries. Fruit of 1 - many carpels. Albu- men copious or none. Embryo annular, rarely straight. Radicle inferior. Synopsis* SUBORDER I. PETIVERIE^. Fruit simple. Cotyledons convolute. Leaves stipulate. 1. PETIVERIA. Fruit an achenium with reflexed spines at the apex. Embryo straight in scanty albumen. 2. RIVINA. Fruit a berry. Embryo forming a ring around the albumen. SUBORDER II. PHYTOL ACCEDE. Fruit compound. Cotyledons flat. Leaves exstipulate. 3. PHYTOLACCA. Fruit a berry, composed of numerous carpels arranged in a circle. 1. PETIVEBIA, Plum. Calyx 3-bracted, 4-parted, herbaceous. Stamens 4 - 8 : anthers linear. Ovary simple, 1 -celled. Ovule single, erect, amphitropous. Stigma many- cleft. Achenium wedge-shaped, compressed, 2-lobed at the apex, each lobe CHENOPODIACE^E. (GOOSEFOOT FAMILY.) 375 armed with 2-3 rcflexed spines. Albumen almost none. Embryo straight. Cotyledons unequal, convolute. — Shrubby tropical plants, with entire stipulate leaves, and small greenish flowers in an elongated and slender spike. 1. P. alliacea, L. — South Florida.— Stem 2° -3° high, closely pubes- cent. Leaves 3' -4' long, oblong or obovate, obtuse, narrowed into a short petiole, pubescent beneath. Spikes filiform, single or by pairs, 6' -12' long. Calyx-lobes linear, incurved at the apex. Stamens 4-5. Achenia erect, ap- pressed to the rachis, with two spines at each lobe. Stipules subulate, minute. 2. RIVINA, Plum. Calyx remotely 3-bracted, 4-parted, colored. Stamens 4 -8 : anthers ovate or oblong. Ovary simple. Ovule solitary, amphitropous. Stigma capitate or many-cleft. Berry nearly globose, at length dry. Embryo forming a ring around the copious albumen. Cotyledons somewhat leafy, convolute. — Shrubs, with alternate minutely stipulate petioled leaves, and small white or rose-colored flowers in axillary and terminal racemes. Bracts deciduous. 1. B. humilis, L. Closely pubescent; stem with spreading branches; leaves oblong-ovate, rounded at the base, tapering but obtuse at the summit, on long filiform petioles ; racemes slender, longer than the leaves ; calyx-lobes obovate, pale rose-color ; berry rounded, compressed. — South Florida. — Shrub 1° - 2° high. Leaves 1 ' - 3' long. Flowers and berries 1 " - 1 \|" long. 3. PHYTOLACCA, Tourn. POKEWEED. Calyx 3-bracted, 5-parted ; the lobes petal-like, rounded. Stamens 5 - 25, the filaments subulate : anthers elliptical. Ovary compound. Styles 5-12, short, distinct, recurved at the apex, stigmatic within. Fruit a depressed globose berry, containing 5-12 one-seeded indehiscent carpels united in a circle. Embryo forming a ring around the central albumen. Cotyledons linear. — Erect branch- ing herbs, with entire petioled leaves. Flowers in racemes opposite the leaves. 1. P. decandra, L. Smooth; stem very stout (2° -12° high); leaves ovate-lanceolate, acute ; racemes many-flowered, as long as the leaves ; flowers white, turning purplish; stamens, styles, and carpels 10. — Margins of fields and uncultivated ground, Florida, and northward. July -Sept. 1J. — Boot large. Berry black. ORDER 108. CHENOPODIACEJE. (GOOSEFOOT FAMILY.) Unsightly herbs, with exstipulate leaves, inconspicuous flowers, and the characters mostly of the preceding family ; but the green calyx often becoming succulent in fruit, 5 (rarely 1-2) stamens opposite the sepals, a solitary ovary forming an achenium or utricle in fruit, twcr short and spreading styles, a horizontal or vertical lenticular seed, and the embryo forming a ring around the albumen, or spirally coiled with little or no albumen. 376 CHENOPODIACE^. (GOOSEFOOT FAMILY.) Synopsis* TRIBE I. C YCLOLiOBEJE. — Embryo curved like a ring around the albumen. 1. CHENOPODIUM. Calyx 3 - 5-parted, the lobes commonly keeled in fruit. Seed horizontal, rarely vertical. 2. ATRIPLEX. Flowers monoecious. Calyx of the sterile flowers 5-parted, of the fertile flower none. Ovary enclosed in a pair of separate at length coriaceous bracts. Radicle inferior. 3. OBIONE. Bracts of the fertile flower united. Radicle superior. 4. SALICORNIA. Flowers 3 together, lodged in excavations of the thickened joints of the TRIBE II. SPIROIjOBE^J. — Embryo spirally coiled, with little or no albumen. Seed horizontal. 5. CHENOPODINA. Calyx 5-parted, not keeled. Leaves terete, fleshy. 6. SALSOLA. Calyx at length transversely winged. Leaves spiny. 1. CHENOPODIUM, L. PIGWEED. GOOSEFOOT. Calyx 5- (rarely 3 -4-) parted, bractless, the lobes mostly keeled. Stamens 5, the filaments filiform. s Styles 2-3, distinct, or united at the base. Utricle depressed, enclosed in the globose or 5-angled calyx. Seed horizontal (rarely vertical), lenticular. Embryo forming a more or less perfect ring around the copious mealy albumen. — Glandular or powdery-coated herbs, with alternate leaves, and clusters of small greenish flowers disposed in panicled spikes. * Annuals. 1. C. Boscianum, Moq. Stem erect, with angular branches ; leaves small, spreading, lanceolate-linear, very acute, entire, or the lower ones some- what toothed, more or less mealy and whitened beneath ; spikes loose, leafy ; seed acute on the margins, slightly roughened, shining, enclosed in the acute- angled calyx. — Carolina, Bosc. — Stem slender, 2° high. Leaves 5" - 12" long, on petioles 2" - 3" long. Calyx-lobes elliptical-ovate, acutish. 2. C. album, L. Stem erect, branched, slightly furrowed ; leaves ascend- ing, rhombic-ovate, acute at the base, toothed ; the upper ones lanceolate and entire, more or less coated with a white powder ; spikes panicled ; the small clusters scattered or crowded, nearly leafless ; seed enclosed in the 5-angled calyx, acute on the margins, smooth and shining. — Varies (C. viride, L.} with nearly entire and less mealy leaves, and the larger clusters more scattered. — Cultivated grounds, Florida, and northward. July - SepL — Stem 2° - 6° high. Petioles long and slender. 3. C. murale, L. Stem ascending, branched ; leaves long-petioled, ovate- rhombic, acute, unequally and sharply toothed, bright green on both sides ; spikes slender, spreading, corymbose, scarcely exceeding the leaves ; seed not shining, acute on the margins, nearly enclosed in the slightly angled calyx. — Waste places, Florida, and northward. — Stem 6'- 18* high. 4. C. Botrys, L. Stem erect, branched ; leaves oblong, somewhat pinna- tifid-lobed, with the lobes obtuse and glandular-pubescent, the upper ones minute ; racemes numerous, axillary, spreading, cymose } seeds with rounded CHENOPODIACE^E. (GOOSEFOOT FAMILY.) 377 margins, not wholly include'd in the open and even calyx. — Waste places, Columbia, South Carolina, Elliott, and northward. — Stem 6'- 12' high. * * Perennial. 5. C. Anthelminticum, L. (WORM-SEED.) Stem stout, erect, branch- ing ; leaves oblong or lanceolate, acute at each end, sharply toothed ; flowers in narrow panicles terminating the branches ; seeds with obtuse margins, smooth and shining, included in the even calyx. — Waste grounds, Florida, and north- ward. — Stem 2° -3° high. 2. ATRIPLEX, L. ORACHE. Flowers monoecious or dioecious, either similar to those of Chenopodium, or the fertile flower destitute of a calyx, and enclosed in two ovate or rhombic sep- arate or partially united bracts. Seed vertical, lenticular. Embryo forming a ring around the copious mealy albumen. Radicle inferior. — Herbs, commonly coated with scurfy or silvery scales. Leaves alternate or opposite, oftener has- tate or angled. Flowers in dense spikes. 1. A. hastata, L. Stem angled, diffusely branched ; leaves petioled, com- monly nearly opposite, hastate or triangular, somewhat toothed, and, like the branches, more or less scurfy; fruiting bracts triangular-ovate or rhomboidal, entire or toothed below, smooth or muricate within. (A. patula, Ell.) — Sea- shore, South Carolina, Elliott, and northward. June -Sept. — Stems l°-2° long. 3. OBIONE, Gsertn. Chiefly as Atriplex, both in character and habit ; but the two indurated bracts more or less united, often toothed on the edges and crested on the sides, and the radicle superior. 1. O. arenaria, Moquin Plant coated with silvery scales ; stem branch- ing from the base, ascending ; lowest leaves opposite, obovate, entire, tapering into a petiole, the others alternate, nearly sessile, lanceolate or oblong, acute, wavy and slightly toothed ; sterile flowers in close terminal spikes ; the fertile ones in axillary clusters ; bracts 3-toothed at the summit, and with two mostly toothed knobs at the sides. (Atriplex arenaria, Nutt.) — Drifting sands along the coast, Florida, and northward. July -Sept. (I)— Stem l°-2° high. Leaves l'-l\|' long. 2. O. cristata, Moquin. Plant scurfy, green; stems diffusely branched; leaves oblong, mucronate, petioled, denticulate, green above, paler beneath; bracts roundish, acute, somewhat spiny-toothed on the margins, and with 2-4 roundish knobs at the sides.— Sandy shores, South Florida. — Stem l°-l£° high. Leaves £'- 1' long. Flowers clustered. 4. SALICOKNTA, Tourn. SAMPHIRE. Flowers perfect, lodged in excavations of the thickened upper joints of the stem, spiked ; calyx thin, with a denticulate border, at length spongy, and sur- 32* 378 AMARANTACE^E. (AMARANTH FAMILY.) rounded at the apex by a circular wing. Stamens '1 -2. Styles united below. Utricle included in the calyx. Embryo coiled, or bent into a ring. — Smooth and succulent saline plants, with jointed leafless stems. Flowers three together ; the lateral ones sometimes sterile, minute. 1. S. herbacea, L. Annual; stem erect, much branched; the joints thickened upward, obtusely 2-toothed at the apex ; spikes long, tapering to the summit. — Salt marshes along the coast, Georgia, and northward. August. — Stem 6' -12' high. 2. S. ambigua, Michx. Stem shrubby, prostrate or creeping ; the branches herbaceous, erect ; joints truncate, dilated upward, slightly 2-toothed ; spikes cylindrical, obtuse, the uppermost approximate, sessile, the lateral ones pcdun- cled. — Sandy marshes along the coast, Florida, and northward. Aug. — Stem 2° -3° long, the branches 4'- 6' high. 5. CHENOPODINA, Moquin. Flowers perfect, bracted. Calyx 5-parted, fleshy, inflated and berry-like in fruit. Stamens 5. Stigmas 2-3, spreading. Utricle depressed, enclosed in the calyx. Seed horizontal, lenticular. Embryo flat-spiral, dividing the scanty albumen into 2 portions. — Smooth saline plants, with fleshy terete alternate leaves, and axillary clustered flowers. 1. C. maritima, Moquin. Annual; stem diffusely much branched; leaves linear, acute ; calyx-lobes obtuse, keeled ; stamens exserted. — Low sandy places along the coast, Florida, and northward. Sept. — Stem l°-3° high. Leaves l'-2' long. Flowers minute. 6. SALSOLA, L. SALTWORT. Flowers perfect, 2-bracted. Calyx 5-parted, the lobes at length transversely winged. Stamens 5, slightly united at the base. Style slender : stigmas 2. Utricle flattened at the apex, enclosed in the persistent calyx. Embryo conical- spiral. Albumen none. — Saline plants, with alternate and fleshy leaves, and axillary flowers. 1. S. Kali, L. Smooth; stem spreading, ascending; leaves subulate, spine- pointed, like the ovate bracts ; flowers solitary ; calyx-lobes connivent, with the dilated, membranaceous wing rose-colored. (S. Caroliniana, Walt.) — Sandy shores, Georgia, and northward. Aug. ® — Stem 1° - 1\|° high. ORDER 109. AMARANTACE^E. (AMARANTH FAMILY.) Chiefly herbs, with simple exstipulate leaves, and inconspicuous scarious- bracted flowers, which are commonly crowded in spikes or heads. — Sepals 3-5, free, or united at the base, scarious, imbricated in the bud. Stamens 3-5, hypogynous, opposite the sepals, free, or united below, often with AMARANTACE^E. (AMARANTH FAMILY.) 379 sterile filaments interposed : anthers 1 - 2-celled, introrse. Ovary single, ovate, compressed, 1 - many-ovuled. Stigmas 1-3. Utricle closed or circumscissile. Embryo coiled into a ring around the central albumen. Synopsis* TRIBE T. CEIjOSIE^E. Anthers 2-celled. Ovary many-ovuled. 1. CELOSIA. Stamens united at the base. Utricle circumscissile. TRIBE II. ACHYRANTHEJE. Anthers 2-celled. Ovary 1-ovuled. — Leaves alter- nate. Stamens free. Sterile filaments none. * Utricle circumscissile. 2. AMARANTUS. Flowers monoecious. Sepals 3 -5. * * Utricle indehiscent. 3. EUXOLUS. Flowers all alike, monoecious, sessile. Sepals 3-5. 4. AMBLOGYNA. Flowers monoecious. Calyx of the staminate flower 3-sepalous, of the pistillate flower 5-parted, funnel-shaped. 5- SCLEROPUS. Flowers monoecious. Sepals 5. Stamens 3. Fruiting pedicels indurated and deciduous with the fruit. ;. . 6. ACNIDA. Flowers dioecious. Sepals of the staminate flower 5, of the pistillate none. Stamens 5. TRIBE III. GOMPHRENE^E. Anthers 1-celled. Ovary 1-ovuled. Leaves opposite. Stamens united below. 7. IRESINE. Calyx 5-sepalous. Stamens united into a short cup. Sterile filaments none. 8. ALTERNANTHERA. Calyx 5-sepalous. Stamens united into a cup. Sterile filaments minute, tooth-like. 9. TELANTHERA. Calyx 5-sepalous. Stamens united into a tube. Sterile filaments cleft or fimbriate at the apex. 10. FR<ELICHIA. Calyx 5-cleft. Stamens wholly united. Anthers sessile. Sterile fila- ments entire. 1. CELOSIA, L. Flowets perfect, 3-bracted. Sepals 5. Stamens 5, united at the base into a cup. Sterile filaments none. Anthers 2-celled. Style short or elongated. Stigmas 2-3, recurved. Utricle many-seeded, circumscissile. — Smooth herbs or shrubs, with alternate petioled leaves, and glossy flowers, crowded in axillary and terminal spikes or panicles. 1. C. paniculata, L. Stem shrubby, erect; leaves deltoid-ovate, acute, abruptly petioled ; spikes cylindrical, simple or branched, mostly shorter than the leaves ; sepals oblong, rigid, several times longer than the bracts ; stigmas 3 ; utricle many-seeded. — South Florida, Dr. Blodgett. Leaves 2' long. Seeds minute, lenticular, shining. 2. AMABANTUS, Tourn. AMARANTH. Flowers polygamo-moncecious, 3-bracted. Sepals 5, rarely 3, smooth, erect. Stamens 5 or 3, free. Sterile filaments none : anthers oblong, 2-celled. Style none: stigmas 2-3, slender, spreading. Utricle 1-seeded, ovate, 2-3-toothed at the apex, circumscissile, commonly included in the calyx ; pericarp mostly membranaceous. Kadicle inferior. — Unsightly annual herbs, with erect or dif- 380 AMARANTACE^E. (AMARANTH FAMILY.) fuse stems, alternate mostly petioled entire mucronate leaves, and greenish or purplish flowers, crowded in axillary and terminal spikes or clusters. Bracts longer than the sepals. * Flowers in small axillary clusters : sepals and stamens 3. 1 . A. albus, L. Stem erect, branching from the base, smooth ; leaves small, long-petioled, oblong-obovate, very obtuse or emarginate, wavy at the margins ; clusters shorter than the petioles ; sepals awl-pointed, much shorter than the subulate spine-pointed spreading bracts, and half as long as the rugose utricle. — Cultivated grounds, Florida, and northward. May - Sept. — Stem 1° high. Leaves £' - 1' long. * * Flowers (green] crowded in terminal and axillary spikes: sepals and stamens \ 5 : leaves long-petioled. 2. A. Chlorostachys, "VVilld. Stem erect, furrowed, pubescent-; leaves ovate or rhombic-ovate, obtuse, or the upper ones acute, short-mucronate, the veins beneath, like the petiole, pubescent ; spikes very numerous, forming a long leafy and more or less dense panicle ; sepals lanceolate, acute, scarcely half as long as the subulate bracts, shorter than the rugose utricle. — Cultivated grounds, common. Aug. and Sept. — Stem 2° - 4° high. Leaves 2' - 4' long, twice as long as the petiole. 3. A. hybridus, L. Smooth or nearly so ; stem erect, branching ; leaves thin, ovate or ovate-oblong, obtuse, notched, or tapering at the apex, long- mucronate, the pale veins prominent beneath ; spikes numerous, panicled, the terminal one elongated, the lower axillary ones short and roundish ; sepals ob- long, acuminate, rather shorter than the subulate bracts, and equalling the slightly rugose utricle. — Cultivated grounds, Florida, and northward. Aug. and Sept. — ' Stem 2° - 3° high. Leaves 2' - 5' long. 4. A. spinosus, L. Smooth ; stem stout, succulent, often purplish ; leaves ovate or ovate-oblong, obtuse or emarginate, long-petioled, often blotched with purple, spiny in the axils ; terminal spike elongated, bending, the lower axillary ones short and roundish ; sepals, bracts, and rugose utricle nearly equal. — Fields and waste places, Florida, and northward. July - Oct. — Stem l°-3° high. 3. EUXOLUS, Raf. Characters chiefly of Amarantus ; but the somewhat fleshy utricle indehiscent, and the (green) sepals longer than the bracts. 1. E. lividus, Moquin. Stem erect, branched, succulent, green, red, or purple ; leaves long-petioled, ovate, obtuse or notched at the apex ; spikes dense-flowered ; the terminal one longest, acute, with several shorter ones crowded near its base, the lowest axillary ones much shorter than the petiole ; sepals 3, shorter than the roundish acute rugose utricle, and 3 times as long as the bracts. (Amarantus lividus, L.) — South Florida to South Carolina. July - Sept. (I) — Stem 1 ° - 3° high. Leaves, with the petiole, 3' - 6' long. AMARANTACE^E. (AMARANTH FAMILY.) 381 2. E. pumilus, Raf. Stem low, somewhat fleshy; leaves small, mostly crowded near the end of the branches, ovate, obtuse, short-petioled ; flowers in small axillary clusters ; sepals 5, half as long as the ovate obscurely 5-ribbed utricle. (Amarantus pumilus, Nutt.) — Sandy sea-shore, South Carolina, and northward Aug. and Sept. 4. AMBLOGYNA, Raf. Flowers monoecious. Staminate flowers 3-sepalous, triandrous. Pistillate flowers round-funnel-shaped, 5-cleft, with spreading spatulate scarious lobes, enclosing the indehiscent utricle. Otherwise like Amarantus. 1. A. polygonoides, Raf. Stem slightly pubescent, slender, branching from the base ; leaves small, rhombic-ovate or obovate, obtuse, notched, tapering into a slender petiole ; flowers crowded in axillary clusters, shorter than the petiole ; bracts subulate ; calyx of the pistillate flowers twice as long as the bracts, with a finely ribbed tube, and a spreading white border ; utricle ovate, rugose above, 3-cleft at the apex. — South Florida, © — Stem 1°-1\|° long. Leaves £'-!' long. * 5. SCLEROPUS, Schrad. Flowers monoecious, 3-bracted, triandrous. Calyx 5-sepalous. Utricle inde- hiscent. Staminate flowers solitary, sessile in the upper axils. Pistillate flowers clustered in the lower axils, on flattened pedicels which become indurated, and fall away with the mature fruit. Otherwise like Amarantus and Euxolus. , 1. S. crassipes, Moquin. Smooth; stem erect, branching; leaves obo- vate, obtuse, notched, tapering into a slender petiole ; clusters shorter than the petiole ; sepals much longer than the strongly keeled bracts, spatulate, obtuse, enclosing the granular-roughened utricle. — South Florida. (J) — Stem l°-2° high. Leaves 1' long. 6. ACNIDA, Mitchell. Flowers dioecious, 3-bracted. Calyx of the Staminate flower 5-sepalous, of the pistillate flower none. Stamens 5, free. Sterile filaments none : anther-cells united only in the middle. Stigmas 3-5, spreading, shorter than the 1-ovuled ovary. Utricle fleshy, 3 - 5-angled, indehiscent. Seed obovate. Radicle infe- rior. — A smooth marsh annual, with long lanceolate alternate entire leaves, and thin scarious white flowers in axillary and terminal panicles. 1. A. cannabina, L. — Marshes and river-banks, Florida, and northward. Aug. and Sept — Stem stout, branched, 2° -8° high. Leaves long-petioled, 3'- 6' long, obtuse or acuminate. Spikes cylindrical, panicled. Sepals pointed. Bracts of the pistillate flowers subulate. 7. IBESINE, Browne. Flowers perfect or dioecious, 3-bracted. Sepals 5. Stamens 5, united into a cup at the base. Sterile filaments none : anthers 1 -celled, ovate. Style very 382 AMARANTACE^E. (AMARANTH FAMILY.) short: stigmas 2 - 3, slender. Utricle roundish, 1 -seeded, indehiscent, included in the calyx. Seed vertical, lenticular. Radicle ascending. — Chiefly herbs, with opposite petioled leaves, and scarious glossy flowers, disposed in single or panicled spikes or heads. § 1. PHILOXERTJS. Flowers perfect, crowded in axillary and terminal heads. 1. I. vermicularis, Moquin. Smooth; stem much branched, prostrate or creeping ; leaves club-shaped, fleshy, semi-terete ; heads mostly sessile, ovate or globose, at length oblong or cylindrical, obtuse ; flowers white ; sepals obtuse, longer than bracts, the two exterior ones woolly at the base. — Sandy sea-shores, South Florida. — Stems 1 ° - 2° long. Leaves £' - 1 ' long. Heads 3" - 8" long, mostly terminal and solitary. § 2. IRESINASTRUM. Flowers dioecious, disposed in loosely-panicled spikes. 2. I. diffusa, H. & B. Stem erect, somewhat 5-angled, smooth ; leaves petioled, ovate, acuminate, slightly denticulate-ciliate on the margin, smooth ; panicle narrowly pyramidal, much branched ; spikelets ovate, obtuse, straw-color ; sepals 3-nerved, smooth, acute, twice as long as the ovate bracts ; rachis slightly pubescent. (I. celosioides, Ell. ?) In Florida, Michaux. Saline marshes, South Carolina, Elliott. — Stem 2° -3° high. Leaves l£' - 2' long, the upper ones lanceolate. Branches of the panicle alternate. 8. ALTERNANTHERA, Mart. Flowers perfect or dioecious, 3-bracted. Sepals 5, smooth or villous. Sta- mens 5, united into a short cup at the base. Sterile filaments minute, tooth-like : anthers 1-celled. Style short : stigma capitate or 2-lobed. Utricle indehiscent, 1 -seeded. Seed vertical, lenticular. Radicle ascending. — Herbs. Leaves op- posite. * Flowers dioecious : heads or spikes loosely panicled : stigma 2-lobed. 1. A. flavescens, Moquin. Stem erect, smooth, furrowed, simple or spar- ingly branched ; leaves ovate-lanceolate, acute or acuminate at each end, rough- ish with short scattered hairs, short-petioled ; panicle oblong, the branches alter- nate, nearly leafless ; spikes oblong, lengthening, straw-color ; sepals of the staminate flowers oblong, acute, nerveless, smooth, twice as long as the ovate persistent bracts ; those of the pistillate flowers ovate, 3-nerved nearly to the apex ; the pedicels clothed with long white wool. — Margins of fields, Middle Florida. July - Sept. (J) — Stem 2° - 3° high. Leaves 2f - 4' long, the upper- most alternate and lanceolate. Panicle 8' -12' long. Sterile filaments tooth- like, minute. * * Flowers perfect : heads mostly axillary, solitary or clustered : stigma capitate : stems prostrate. 2. A. Achyrantha, R. Br. Stems forking, pubescent ; leaves smoothish, oval or obovate, narrowed into a petiole ; heads dense, oval, white ; sepals lance- olate, spine-pointed, woolly with barbed hairs on the back, the two inner ones much smaller; sterile filaments subulate from a dilated and obscurely denticulate AMARANTACE^E. (AMARANTH FAMILY.) 383 base, as long as the fertile ones. (Achyranthes repens, Ell.) — Along roads and places much trodden, Florida to South Carolina. June- Oct. ]]. — Stems 6'- 12' long. Leaves 1' long. 9. TELANTHERA, B. Brown. Flowers perfect, 3-bracted. Sepals 5, erect. Stamens 5, united into a tube below the middle. Sterile filaments elongated, flattened, fimbriate at the apex : anthers 1 -celled, oblong. Style short: stigma capitate. Utricle indehiscent, 1 -seeded, included in the calyx. Seed vertical. Radicle ascending. — Herbs or shrubs, with opposite leaves. Flowers capitate. * Calyx sessile, the 3 exterior sepals longer : heads sessile or nearly so. 1. T. polygonoides, Moquin. Stem erect or prostrate, pubescent ; leaves oblong-obovate, hairy ; heads sessile, roundish, single or 2 - 3 together, axillary and terminal ; sepals thin, ovate-lanceolate, twice as long as the bracts, the outer ones 3-nerved, woolly at the base ; sterile filaments as long as the fertile ones, 3 - 4-cleft at the apex. — On the coast of South Carolina, Moquin. 2. T. inaritima, Moquin. Smooth and fleshy ; stem prostrate, branching, angled ; leaves wedge-obovate, very obtuse, mucronate ; heads roundish or ob- long, axillary and terminal, dull straw-color, rigid ; flowers crowded, 3-angled ; sepals smooth, rigid, ovate, acuminate, 5-ribbed, with the margins membrana- ceous, one third longer than the ovate keeled bracts ; sterile filaments longer than the fertile ones, 4-6-cleft at the apex. — South Florida. — Leaves l'-2' long. Heads 4" - 6" long. * * Calyx raised on a short 5-angled pedicel ; the sepals nearly equal, cylindrical, hairy : heads long-peduncled. 3. T. Floridana, n. sp. Shrubby; stem slender, elongated, forking, remotely jointed ; the young branches and leaves roughened with appressed scattered hairs •, leaves distant, fleshy, oblong-lanceolate or obovate, acute or acuminate, tapering into a short petiole ; peduncles terminal and in the forks, 4-6 times as long as the leaves ; heads white, ovate; sepals lanceolate-oblong, acute, 3-5-nerved, hairy, 2-3 times as long as the ovate acute bracts; sterile filaments longer than the fertile ones, 5-6-cleft; utricle crowned with a narrow toothed margin. — South Florida, along the coast. — Stem 2° - 4° long Leaves 1' long. 4. T. Brasiliana, Moquin. Herbaceous, rough-hairy; the young leaves and branchlets hoary ; stem erect, forking ; leaves thin, ovate-lanceolate, acumi- nate, tapering into a short petiole, longer than the internodes, rather shorter than the slender peduncles ; heads and flowers as in No. 3 ; utricle crowned with a narrow entire margin. — South Florida. — Stem apparently tall. Leaves 2'- 4' long. 10. PRCELICHIA, Mcench. Flowers perfect, 3-bracted. Calyx tubular, 5-cleft, indurated and spiny-crested in fruit. Stamens 5, united into a long tube. Sterile filaments entire anthers 384: POLYGONACE<as. (BUCKWHEAT FAMILY.) sessile. Stigma capitate or many-cleft. Utricle indehiscent, 1 -seeded, included in the calyx. Seed vertical. Radicle ascending. — Woolly or hairy annuals. Leaves opposite. Spikes opposite, and terminating the naked peduncle-like summit of the stem. 1 . P. Floridana, Moquin. White-tomentose or woolly ; stem erect, sim- ple or branched ; leaves varying from linear to oblong ; spikes ovate or oblong, lengthening with age ; bracts mostly blackish, shorter than the woolly calyx ; style short ; stigma capitate ; fruiting calyx round-ovate, compressed, toothed along the margins, and minutely tubercled at the base. ( Oplotheca Floridana, Nutt.} — Dry sandy places, Georgia, Florida, and westward. July -Sept. — Stem £°-3° high. Spikes solitary, few, or numerous. ORDER 110. POLYGONACEJE. (BUCKWHEAT FAMILY.) Herbs, shrubs, or (tropical) trees, with simple mostly alternate and stipulate leaves, and perfect or dioecious flowers. — Calyx 3 - 6-cleft, or 3 - 6-sepalous, persistent. Stamens 4-12, inserted on the base of the calyx : anthers 2-celled. Ovary single, 1-celled, with the solitary ortho- tropous ovule erect from the base of the cell. Styles 2-3, distinct or partly united. Fruit (achenium) lenticular or 3-angled, rarely ovoid. Embryo mostly on the outside of mealy albumen. Radicle pointing upward. — Stipules sheathing, annular, or wanting. Synopsis. SUBORDER I. POLYGONE^E. Involucre none. Calyx 5-cleft or 5-sepalous. Stamens 4-9 (mostly 5-8). Ovules sessile. Embryo curved on the outside of the albumen, rarely straight in its centre. Stipules sheathing. * Calyx 5-sepalous, the inner sepals erect, mostly enlarged in fruit 1. RTJMEX. Calyx green, often grain-bearing. Stigmas many-cleft. 2. POLYGONELLA. Calyx corolla-like. Stigma entire. * * Calyx 5-sepalous, the sepals all erect, unchanged in fruit, free from the achenium. 3. POLYGONUM. Sepals entire. Embryo curved on the outside of the albumen. 4. THYSANELLA. Inner sepals fimbriate. Embryo straight at the side of the albumen. * # * Calyx 5-parted, the tube enlarged and fleshy in fruit, and partly united with the achenium. 5. COCCOLOBA. Achenium ovoid or globose. Trees. SUBORDER H BRUNNICHIE^E. Involucre none. Calyx 5-parted, the tube enlarged and indurated in fruit. Stamens 8. Ovule borne on a slender stalk. Embryo at the margin of the albumen. Stipules none. 6 BRUNNICHIA. Pedicels winged in fruit. Climbing shrubs. POLYGONACE^E. (BUCKWHEAT FAMILY.) 385 SUBORDER HI. ERIOGONE^E. Flowers surrounded by an invo- lucre. Calyx 6-parted. Stamens 9. Qvule sessile. Embryo included in scarce albumen. Stipules none. 7. ERIOGONUM. Involucre 5-toothed. Woolly or silky herbs. 1. BUMEX, L. DOCK. Flowers perfect or dioecious. Calyx herbaceous, 6-parted, the 3 outer lobes spreading or recurved, the inner ones (valves) mostly enlarged in fruit, and enclosing the 3-angied achenium, often bearing grain-like prominences on the outside. Stamens 6 j anthers erect. Styles 3 : stigmas many-cleft. Achenium 3-angled. Embryo curved on the outside of the albumen. — Herbs, with alter- nate leaves, smooth truncated sheaths, and small green flowers in racemed or panicled clusters. * Flowers perfect or polygamous. •»- Valves entire. 1. R. crispus, L. Smooth; leaves lanceolate, wavy-crisped, acute at both ends, or the lowest truncate or slightly cordate at the base, and long petioled, the uppermost linear ; panicle leafy at the base ; whorls crowded in fruit ; valves broadly cordate, obtuse, one or all grain-bearing. — Waste ground around dwellings, Florida, and northward. June and July. }J. — Stem 2° -3° high. Lowest leaves 1° long. 2. R. verticillatus, L. Smooth ; lowest leaves oblong, obtuse or cordate at the base, flat, the others lanceolate, acute at each end ; panicle naked, loose- flowered ; pedicels slender, thickened upward, reflexed in fruit ; valves ovate, obtuse, rugose-veined, each bearing a large grain, which is half as wide as the valve. (R. Britannicus, Ell.) — Swamps and ditches, Florida, and northward. May and June. 1J. — Stem 1° - 2° high. Lowest leaves 1° - 1£° long. 3. B. Floridanus, Meisner. Smooth; stem stout, branching; leaves lanceolate, acute at each end ; panicle naked, dense-flowered ; pedicels about twice as long as the valves, thickened upward, reflexed in fruit ; valves deltoid- ovate, obtusely pointed, each bearing a narrow grain, which is much narrower than the reticulate valve. — Deep river-swamps, West and South Florida. June. 1\|. — Stem 2° - 3° high. Leaves £° - 1 £0 long. 4. R. sanguineus, L. Lowest leaves oblong, cordate, acute or obtuse, the upper lanceolate, acute, obtuse or cordate at the base, wavy -margined ; pan- icle leafless ; lower whorls distant ; pedicels very short ; valves oblong, longer than the pedicel, one only prominently grain-bearing. — Around Charleston, Elliott. New Berne, Croom. Introduced. June and July. 1J.— Stem 2° -3° high. Lowest leaves large, variegated with red veins. •- -i- Valves toothed or bristly on the margins. 5. R,. obtusifolius, L. Stem roughish ; lowest leaves large, ovate-oblong, cordate, mostly obtuse, the middle ones oblong, the uppermost lanceolate, acute at each end ; panicle large, leafy below ; lowest whorls scattered, the upper somewhat crowded ; valves triangular-ovate, toothed near the base, nearly as 33 POLTGONACE^:. (BUCKWHEAT FAMILY.) long as the slender recurved pedicels, one or all more or less prominently grain- bearing. (R. divaricatus, Ell.) — Waste ground, around dwellings. Introduced. June - Aug. 1\|. — Stem 2° - 3° high. Lowest leaves 1° - 1\|° long, 6' - 9' wide, slightly crenate, and wavy on the margins. 6. R. pulcher, L. Branches rigid, spreading; lowest leaves cordate- oblong, somewhat fiddle-shaped, the upper lanceolate, acute ; whorls remote ; valves longer than the thick pedicels, ovate-oblong, rigid, strongly toothed, more or less prominently grain-bearing. — Around Charleston, Elliott. Introduced. June and July. 7. E-. maritimus, L. Pubescent; stem low, diffusely branched; leaves lanceolate, wavy-margined, the lower ones somewhat cordate or hastate at the base, the upper linear ; whorls compactly crowded in leafy spikes ; valves small, bristly on the margins, nearly covered by the large grain. (R. persicarioides, L.} — Sea-shores, North Carolina, and northward. Aug. and Sept. (1) — Stems 6' - 12' high. Spikes yellowish. * Flowers dioecious. Herbs with sour juice. •t— Calyx not enlarged in fruit, 8. R. Acetosella, L. Root creeping; stems low, erect or ascending; leaves oblong, lanceolate, or linear, entire or hastate-lobed ; panicle slender, leaf- less; whorls scattered, few-flowered; valves ovate, grainless, appressed to the achenium. — Old fields and sterile soil, common. June and July, ty — Stems 6' - 12' long. Leaves and flowers small. •i- -i- Inner calyx-lobes dilated in fruit. 9. R. hastatlllus, Baldw. Stems clustered, erect ; leaves glaucous, lance- olate or linear, or the lowest oblong, entire or hastate-lobed ; whorls few-flowered, scattered, or the upper ones crowded ; valves round-cordate, entire, membrana- ceous, reticulated, red or white, grainless. — Dry sands, along the coast and in the middle districts, Florida to South Carolina. May and June. — Stem 1° - 1\|° high. Leaves 1' -2' long, the upper ones mostly entire. 2. POLYGONELLA, Michx. Flowers perfect or diceciously polygamous. Calyx corolla-like, deeply 5-parted or 5-sepalous ; the three inner sepals mostly enlarging and enclosing the 3-angled achenium, glandless. Stamens 8 : anthers roundish. Stigmas 3, capitate. Em- bryo straight, or nearly so, in the centre, or at one side of the mealy albumen. — Smooth and commonly glaucous herbs or shrubs, with slender branching stems, small alternate leaves, and small flowers in spiked racemes. — Sheaths smooth. Bracts imbricated, top-shaped, mostly 1 -flowered. Pedicels nodding in fruit § 1. EUPOLYGONELLA. Filaments all alike, subulate : stigmas nearly sessile: Flowers diozciously polygamous : embryo in the centre of the albumen. 1. P. parvifolia, Michx. Shrubby and diffusely branched at the base; leaves wedge-shaped or linear-spatulate, vertical ; those on the sterile shoots im- bricated ; sheaths obliquely truncate, pointless ; racemes short, very numerous, somewhat crowded in an oblong or corymbose panicle ; bracts truncate ; flowers POLYGONACEJE. (BUCKWHEAT FAMILY.) 387 white, yellowish, or rose-color ; exterior sepals recurved ; valves orbicular, equal, longer than the ovate achenium. — Dry sandy soil, near the coast, Florida to North Carolina. Aug. and Sept.— Stem l°-2° high. Leaves £'-!' long. Racemes £'-!' long. 2. P. gracilis, Mcisner. Annual; stem tall and slender, paniculately branched above ; leaves remote, wedge-oblong, obtuse, often wanting ; sheaths truncate, pointless : racemes slender, scattered, forming a large and spreading panicle on the sterile plant, more crowded on the fertile ; bracts truncate ; flow- ers white or pale rose-color, the fertile ones greenish ; sepals all erect ; valves oval or elliptical, unequal (the interior longer), shorter than the ovate-lanceolate acuminate achenium. (Polygonum gracile, Nutl.) — Dry sand ridges in the pine barrens, Florida to South Carolina. Sept. and Oct. — Stem 2° - 5° high. Leaves 1' long. Racemes linear, l'-3' long. 3. P. brachystachya, Meisner. Shrubby ; branches slender ; leaves linear, tapering from the obtuse apex to the base ; sheaths obliquely truncate, somewhat pointed ; panicle compound, leafy ; racemes short, oblong, nearly ses- sile ; bracts truncate ; exterior sepals keeled, reflexed ; valves oval, strongly 1-nerved, longer than the rhomboidal achenium, nearly equal. — South Florida. Branches straight, 1° - 1^° long. Leaves 3" -5" long. Racemes £' long. 4. P. Croomii, n. sp. Stem shrubby at the base ; branches slender ; leaves very small, narrowly linear, obtuse, crowded or imbricated on the sterile shoots ; sheaths obliquely truncate, subulate-awned ; racemes slender, scattered in an open oblong panicle ; bracts of the filiform rachis obliquely truncate, pointed ; flowers minute, white ; exterior sepals recurved ; valves unequal, the 2 exterior roundish, the interior oblong, longer than the rhombic-ovate achenium. — In Carolina or Georgia, probably in the middle districts, Croom. — Stem apparently l°-l£° high. Leaves 2" -3" long. Racemes 3" -5" or the sterile ones at length 9" long. 5. P. ciliata, Meisner. Stem herbaceous, nearly simple ; leaves subulate, very acute, sheaths fringed at the throat with a few long bristles ; panicle simple, short, leafy at the base ; spikes nearly sessile, filiform ; bracts minute, pointed ; pedicels very short ; sepals oblong, obtuse, spreading longer than the achenium. — South Florida, near the Manatee River, Rugd. — Stem 2° high, slender. Leaves I'-l^' long. § 2. GONOPYRUM. Filaments unlike, the 3 interior dilated at the base : styles manifest: flowers perfect: embryo at one side of the albumen. 6. P. Meisneriana, Shuttl. Stem shrubby, much branched ; leaves mi- nute, filiform, obtuse ; sheaths truncate, pointless ; racemes long, forming small panicles at the end of the branches ; bracts loose, oblique, with the points spread- ing ; exterior sepals recurved ; valves equal, roundish, often emarginate, longer than the ovate acuminate achenium ; three interior filaments inversely sagittate below the middle. — Alabama, Rugel, and near Macon, Georgia. — Stem 1° -2° high, with filiform branchlets. Leaves numerous, 2" -3" long. Fruiting spikes rigid, 1 ' - 2' long. Valves largest of all. 388 POLYGONACE^E. (BUCKWHEAT FAMILY.) 7. P. articulata, Meisner. Annual ; stem much branched, slender ; leaves narrowly linear, obtuse, deciduous ; sheaths truncate, pointless ; racemes numer- ous, erect, slender ; bracts truncate, open, the lowest ones pointed ; flowers bright rose-color ; sepals oval or roundish, nearly equal, unchanged in fruit ; interior filaments rhombic-ovate at the base. (Polygonum articulatum, L.) — Dry sandy soil, Georgia, and northward. Aug. — Stem 6' -12' high. Leaves 4' -8' long. Racemes l'-3' long. 3. POLYGONUM, L. KNOTWEED. Flowers perfect. Calyx 5- (rarely 4-) parted, corolla-like, the lobes nearly equal, erect and unchanged in fruit. Stamens 3 - 9 : anthers roundish. Styles 2-3, distinct or partly united : stigmas entire. Achenium 3-angled or lenticu- lar, enclosed in the persistent calyx. Embryo curved on the outside of the albumen. Radicle slender. — Herbs, with alternate, simple leaves, and sheath- ing stipules. Flowers commonly white or rose-color, variously disposed. § 1 . AMBLYGONON. Flowers in closely-bracted spikes : stamens 7 : style 2-cleft : achenium lenticular : cotyledons incumbent : albumen mealy. 1. P. orientale, L. Hairy; stem tall, branching; leaves ovate, acumi- nate, petioled; sheaths loose, salver-form; spikes panicled, cylindrical, dense, nodding ; bracts ovate ; flowers large, bright rose-color. — Around dwellings, escaped from cultivation. June - Sept. — Stem 3° - 5° high. Spikes 2' - 3' long. § 2. PERSICARIA. Flowers in closely-bracted spikes : stamens 4-8: styles 2-3, or 2-3-cleft: achenium 3-angled or lenticular: cotyledons accumbent: albumen horny : sheaths cylindrical, truncate. * Sheaths naked: style 2-cleft or 2-parted: achenium lenticular. 2. P. incarnatum, Ell. Stem smooth below, the summit of the branches, peduncles, and calyx sprinkled with glandular dots ; leaves lanceolate, long- acuminate, petioled, rough on the margins and veins ; sheaths slender, appressed ; spikes racemed, linear, nodding ; bracts spreading, acute, longer than the pedi- cels ; flowers small, flesh-color. Stamens 6 ', style 2-parted ; achenium ovate, with the sides concave. — Ponds, ditches, &c., South Carolina, and west- ward . July r Oct. © — Stem 2° - 3° high. Leaves 6' - 8' long. Spikes 1 ' - 2' long. 3. P. densiflorum, Meisner. Stem stout, smooth, tumid at the joints, branching above ; leaves lanceolate or oblong-lanceolate, tapering at the sum- mit, but rather obtuse, rough on the margins and veins ; spikes racemed or somewhat panicled, linear, erect, dense-flowered, the peduncles minutely glan- dular ; bracts obliquely truncate, obtuse, shorter than the pedicels ; stamens mostly 6 ; style 2-cleft ; achenium round-ovate, black and shining, with the sides convex, — Muddy banks, Florida, and westward. Sept. and Oct. ® — Stem 3° - 4° high. Leaves 6' - 1 0' long. Spikes 2' - 4' long. Flowers white. 4. P. Pennsylvanicum, L. Stem smooth below, the branches and pe- duncles roughened with short glandular hairs ; leave? short-pctioled, lanceolate, POLYGONACEJ2. (BUCKWHEAT FAMILY.) 389 rough on the margins and veins ; spikes erect, oblong, obtuse, close-flowered ; flowers rose-color ; stamens mostly 8, exserted ; style 2-cleft ; achenium orbic- ular, with the sides concave. —Wet places, Georgia, and northward. July- Sept. (1) — Stem l°-3° high, sometimes nearly smooth. Leaves 2' -4' long. Spikes !'-!£' long. Flowei;s much larger than those of the two preceding species. * * Slieaths fringed with bristly hairs: achenium 3-angled, or (in No. 5) sometimes lenticular : stamens mostly 8. 5. P. Persicaria, L. Stem smooth, branching from the base, erect or diffuse ; leaves lanceolate or oblong, obtuse or acutish, the margins and veins roughened ; sheaths short, nearly smooth, fringed with a few short bristles ; spikes short, oblong, obtuse, dense-flowered ; flowers rose-color ; stamens 6 - 7 ; style half 2-cleft ; achenium lenticular or 3-angled, smooth and shining. — Low places around dwellings and along roads, Florida, and northward. Introduced. July. © — Stem l°-l£° high. Leaves 2' -4' long, often with a dark trian- gular spot in the middle. Spikes £'- 1' long. 6. P. acre, Kunth. Stem slender, smooth, creeping at the base; leaves lanceolate, rough on the margins and veins, and, like the white calyx, dotted with pellucid glands ; sheaths smoothish, long-fringed at the throat ; spikes 1-3, filiform, loose-flowered ; stamens 8 ; style 3-parted ; achenium 3-angled. (P. punctatum, Ell.} — Ditches and margins of ponds, Florida, and northward. July -Sept. }\|. — Stem 1°- 3° long. Leaves 2' - 4' long, very acrid. Spikes 2' -3' long. • 7. P. hydropiperoides, Michx. Stem slender, smooth, ascending from a floating or creeping base ; leaves linear or lanceolate, roughened with short rigid hairs on both sides, or only on the margins and veins ; sheaths hispid, long-fringed ; spikes 2-3, linear, rather close-flowered ; calyx pale rose-color, and, like the leaves, glandless ; stamens 8 ; style 3-cleft ; achenium 3-angled. (P. mite, Pers.) — Ditches and muddy banks, Florida, and northward. July - Sept. 1J. — Stem 2° -3° long. Leaves 2' -4' long, not acrid. Spikes 1'- 2' long. 8. P. setaceum, Baldw. Stem erect, sparingly branched, smooth below, the upper portion, like the peduncles and lanceolate glandless leaves, rough with appressed hairs ; stipules appressed-hirsute, copiously fringed with long bristles ; spikes filiform, by pairs, loose-flowered ; flowers white, glandless ; stamens 8 ; style 3-cleft ; achenium 3-angled. — Low ground, Georgia and Florida. July- Sept. U — Stem 2° -3° high. Leaves 3' -5' long. Spikes l'-2' long. 9. P. hirsutum, Walt. Stem erect, densely hirsute Avith spreading ful- vous hairs ; leaves lanceolate, nearly sessile, rounded at the base, hirsute, partic- ularly on the veins and margins ; sheaths hirsute, copiously fringed ; spikes 2-3, linear, erect, rather close-flowered ; peduncles smooth above ; bracts naked ; flowers white, glandless ; stamens 8 ; achenium 3-angled. — Pine-barren ponds, Florida to North Carolina. July -Sept. U— Stem 2° -3° high. Leaves 2' - 3' long. Spikes 1' long. 33* 390 POLYGONACE^. (BUCKWHEAT FAMILY.) § 3. AVICULARIA. Flowers axillary, single or 2-3 together: stamens 8, rarefy fewer : stigmas 3, nearly sessile : achenium 3-angled : cotyledons incumbent : albu- men horny : sheaths scarious, 2 - 3-parted, lacerated : leaves small. 10. P. aviculare, L. Stem prostrate, diffuse, short-jointed ; leaves sessile (£' long), oblong-linear or lanceolate, obtuse, longer than the 3-cleft sheaths ; flowers clustered, nearly sessile, greenish-white, longer than the dull achenium ; stamens mostly 5. — Waste places and along roads, common. — Var. ERECTUM. (P. erectum, L.) Stem stouter, erect or ascending, leaves larger (!'- 1^' long), oblong. — With the preceding. — Var. LITTORALE. (P. maritimum, L. P. glaucum, Nutt.) Stem long (l°-2°), prostrate, rigid, short-jointed; leaves small (4" -6"), oblong-linear, glaucous; the uppermost imbricated and scarcely longer than the more conspicuous silvery sheaths ; calyx reddish-white, shorter than the smooth achenium. — Sea-coast sands, Georgia, and northward. 11. P. tenue, Michx. Smooth; stem erect, branched, sharply angled, slender ; leaves scattered, linear, acute ; sheaths small, fringed ; flowers mostly solitary, greenish-white ; achenium smooth and shining. — Dry rocks in the upper districts. July -Sept. Q) — Stem 6' - 8' high. Leaves 6"- 12" long. § 4. TOVARIA. Flowers scattered in a long and slender spike: calyx 4-parted: stamens 5, included : styles 2, exserted, persistent : achenium lenticular : cotyledons decumbent. 12. P. Virginianum, L. Stem erect, smooth below; the upper portion, like the leaves and spikes, more or less hairy ; leaves large, ovate or ovate-lance- olate, acute at each end ; sheaths cylindrical, hairy, fringed ; flowers greenish, curved ; styles at length hooked at the apex. — Dry rich soil, Florida, and northward. Aug. and Sept. 1J. — Plant 2° - 4° high. Leaves 3' - 5' long, l£' - zy wide. Spike 6' - 12' long. § 5. ECHINOCAULON. Flowers in terminal clusters : calyx 4 - 5-parted : stamens 6 or 8 : styles 2 - 3 : achenium lenticular or 3-angled: cotyledons accumbent. — Stems weak, branching, armed on the angles, petioles, fyc. with recurved prickles. 13. P. arifolium, L. Leaves hastate, acuminate, membranaceous, mi- nutely dotted and hairy, long-petioled, the lobes acute ; peduncles rather short, bristly ; flowers white, somewhat spiked ; stamens 6 ; styles 2 ; achenium len- ticular.— Rice fields and wet places, South Carolina, and northward. June- Oct. © — Stems 2° - 3° long. Leaves 3' - 4' long. Calyx often 4-parted. 14. P. sagittatum, L. Leaves small, sagittate, acute, short-petioled, smooth ; peduncles elongated, smooth ; flowers white, capitate ; stamens 8 ; styles 3; achenium 3-angled. — Wet places, Florida, and northward. June- Oct. CD — Stem l°-3°long. Leaves 1'- 2' long. § 6. TINIARIA. Flowers in axillary clusters or racemes: calyx greenish white, 5-parted, the outer lobes keeled or winged on the back : stamens 8 : styles 3, very short : achenium 3-angled : cotyledons accumbent. — Annuals, with twining stems and cordate leaves. 15. P. Convolvulus, L. Stem roughish, prostrate or twining, or when small erect ; leaves long-petioled, sagittate-cordate, acuminate, the lobes acute or POLYGONACE^E. (BUCKWHEAT FAMILY.) 391 obtuse ; sheaths naked ; flowers in axillary clusters, or forming long interrupted and leafless racemes ; fruiting calyx ovate, minutely puberulent, closely invest- ing the dull black achenium, the outer lobes keeled. — Cultivated ground. In- troduced. July - Sept. — Stems 1° - 3° long. 16. P. cilinode, Michx. Minutely pubescent; stem twining; leaves ovate, cordate or somewhat hastate at the base, acuminate, petioled; sheaths with a row of reflexed hairs at the base ; flowers in loose simple axillary and panicled racemes ; fruiting calyx smooth, nearly including the smooth and shin- ing achenium, the outer lobes slightly keeled. — Dry rocks on the mountains of North Carolina, and northward. July - Sept. — Stem 3° - 9° long. 17. P. dumetorum, L. Smooth; stem twining; leaves ovate, acuminate, long-petioled, cordate or somewhat sagittate at the base ; sheaths naked ; flowers in long axillary more or less leafy racemes ; fruiting calyx somewhat spatulate, emarginate, much longer than the smooth and shining achenium, the outer lobes winged and decurrent on the pedicel. (P. scandens, L.) — Low margins of fields and thickets, Florida, and northward. June -Sept. — Stem 6° -12° long. 4. THYSANELLA, Gray. Flowers polygamous. Calyx corolla-like, deeply 5-parted, unchanged in fruit ; lobes erect, unequal ; the 2 outer ones cordate at the base ; the inner ones smaller, pectinate-fimbriate. Stamens 8, the filaments filiform. Styles 3, fili- form : stigmas entire, obtuse. Achenium ovate, 3-angled, nearly included in the persistent calyx. Cotyledons on the outside of the albumen. — An erect smooth and branching annual, with long linear acute leaves, truncate cylindrical sheaths, fringed with long bristles, and white or rose-colored flowers in closely bracted spikes. 1. T. fimbriata, Gray. (Polygonum fimbriatum, Ell.) — Dry pine bar- rens, Georgia and Florida. Sept. and Oct. — Stem branching above, 2° high. Leaves l'-2' long. Sheaths smooth, adnate to the leaves, not longer than the fringe, the lower ones imbricated. Spikes 2' - 3' long, panicled, erect, the upper ones pistillate, the lower staminate. Bracts pointed with a long and slender awn. Outer calyx-lobes oblong, entire in the staminate flowers, fimbriate, like the inner ones, in the pistillate ones. 5. COCCOLOBA, Jacq. Flowers perfect. Calyx herbaceous, 5-parted, the tube enlarged and more or less fleshy in fruit. Stamens 8. Filaments subulate. Styles 3 : stigmas entire. Achenium nearly globose, included in and partly united with the persistent calyx. Embryo straight in the axis of mealy albumen. — Trees or shrubs, with alter- nate leaves, truncate sheaths, and small greenish flowers in axillary and terminal racemes. 1. C. uvifera, Jacq. (SEA-GRAPE.) Smooth ; leaves short-petioled, cori- aceous, orbicular-cordate or reniform ; racemes terminal, rigid, erect ; pedicels 392 POLYGONACEJS. (BUCKWHEAT FAMILY.) single ; stamens included ; achenium ovate, acute. — South Florida, along the coast. — A shrub or small tree, with rigid spreading branches. Leaves 3' - 5' wide, very thick. Racemes 6' long. 2. C. Floridana, Meisner. Smooth; leaves petioled, somewhat coria- ceous, elliptical, obtuse at each end ; racemes slender, terminal and on short lateral branches, recurved; pedicels 2-3 together, about the length of the calyx ; stamens exserted ; achenium ovoid, obtuse. — South Florida. — A small tree. Leaves 2' - 3' long. Sheaths loose, brown. Racemes 2' - 3' long. Ache- nium 4" -5" long. 6. BBUNNICHIA, Banks. Flowers perfect. Calyx bell-shaped, 5-parted, the tube enlarged in fruit and enclosing the free achenium. Stamens 8 or 10. Styles 3, slender : stigmas entire. Ovule borne on a slender cord from the base of the ovary, pendulous. Achenium obtusely 3-angled. Seed 6-furrowed. Embryo in one of the angles of the mealy albumen. — A smooth vine, climbing by terminal tendrils. Leaves ovate or cordate-ovate, petioled, acute, deciduous. Sheaths obsolete. Flowers greenish, in axillary and terminal racemes, on slender pedicels, which become indurated and flattened in fruit. 1. B. cirrhosa, Banks. — River-banks, Florida to South Carolina. April and May. — Stem shrubby, 10°- 20° long. Leaves 2' - 3' long. Racemes 3'- 6' long. Bracts ovate, acuminate, 3 - 5-flowered. Fruiting pedicels curved. 7. ERIOGONTTM, Michx. Flowers perfect or polygamous, surrounded by an involucre. Calyx deeply 6-cleft. Stamens 9. Ovary free, 3-sided. Styles 3 : stigmas capitate. Ache- nium 3-angled or 3-winged. Embryo straight in the axis of the albumen, or more or less curved. — Downy or woolly herbs. Leaves alternate, opposite or whorled. Sheaths none. Inflorescence various. 1. E. longifolium, Nutt. Stem erect, tomentose, corymbose above, leafy below ; leaves smooth or villous above, white-tomentose beneath, the lowest clus- tered, oblong-linear, long-tapering at the base, the upper scattered, the uppermost bract-like ; involucre stalked, many-flowered, obtusely 5-toothed ; calyx herba- ceous, equal, woolly without. — Sand ridges, East Florida, ty— Stem 2° -3° high. Lowest leaves 3'- £/ long. 2. E. tomentosum, Michx. Stem erect, tomentose, corymbose above, leafy throughout; leaves smooth above, white tomentose beneath, the lowest clustered, obovate-oblong, long-petioled, the others in whorls of 3-4, elliptical, sessile ; involucre sessile, obtusely 5-toothed ; calyx white, unequal, woolly with- out. — Dry pine barrens, Florida to South Carolina. July- Sept. 1J. — Stem 2° -3° high. Lowest leaves 4'- 6' long. Flowers very numerous on one side of the spreading branches* LAURACE^E. (LAUREL FAMILY.) 393 ORDER 111. L.AURACE-3E. (LAUREL FAMILY.) Aromatic trees or shrubs (except Gassy ta), with alternate simple mi- nutely dotted leaves, without stipules, and perfect or polygamous clustered flowers. — Calyx 6 - 9-parted, imbricated in 2 rows. Stamens 6 or more, in 1 - 4 rows : anthers adnate, 2 - 4-celled, opening by lid-like valves. Ovary free, 1-celled, with a solitary anatropous suspended ovule. Style simple, thick : stigma obtuse. Fruit a drupe or berry. Seed without albumen. Embryo large. Radicle superior. Synopsis. TRIBE I. IiAURINE.33. Fruit naked. — Trees or shrubs. * Flowers perfect. Stamens 12, the 3 inner ones sterile. 1. PERSEA. Anthers 4-celled, 4-valved. Trees with evergreen leaves. * * Flowers dioecious. Stamens 9, all fertile. 2. SASSAFRAS. Involucre none. Anthers 4-celled. 3. BENZOIN. Involucre 4-leaved. Anthers 2-celled. 4. TETRANTHERA. Involucre 2- 4-leaved. Anthers 4-celled. TRIBE II. CASSYTE^. Fruit enclosed ha the fleshy calyx. — Leafless twining par- asites. 5. CASSYTA. Flowers perfect. Stamens 9. Anthers 2-celled. 1. PERSEA, Gaertn. RED-BAT. Flowers perfect. Calyx deeply 6-parted, persistent. Stamens 12, in 4 rows, the inner ones sterile and gland-like. Filaments pubescent, the inner fertile ones biglandular. Anthers 4-celled, those of the two outer rows introrse, of the inner row extrorse. Stigma disk-like. Drupe ovoid. — Trees or shrubs, with evergreen entire petioled leaves, and greenish or white flowers, in axillary pe- duncled clusters or panicles. 1 . P. Carolinensis, Nees. Branchlets smoothish ; leaves oblong or lance- olate-oblong, smooth and deep green above, glaucous beneath, obscurely veined ; flowers silky, in cymose clusters, on peduncles shorter than the petioles ; calyx- lobes unequal, persistent ; drupe blue. (Laurus Carolinensis, L.) — Rich shady woods, Florida to North Carolina. July. — A tree 20° -40° high. Leaves 2'- 3' long. Var. palustris. Shrubby; the branchlets, lower surface of the leaves, and flowers densely tomentose; leaves strongly veined, pale green, varying from oval to lanceolate ; peduncles longer than the petioles. — Ponds and pine-barren swamps. July. — Shrub 4° - 10° high. Leaves 3' -6' long. Flowers larger than the preceding form. 2. P. Catesbyana. Smooth ; leaves lanceolate-oblong, acute or obtuse, reticulate, shining, on short margined petioles ; flowers minute, in narrow axillary panicles which are commonly shorter than the leaves ; calyx white, pubescent within, the nearly equal lobes deciduous ; filaments very short, the innermost 394 LAURACE^E. (LAUREL FAMILY.) bearded at the apex ; drupe black. (Lauras Catesbyana, Michx.} — South Flor- ida. — Shrub 6° - 9° high. Leaves 3' - 5' long. Fruiting pedicels club-shaped. 2. SASSAFRAS, Nees. Involucre none. Flowers diceciously polygamous. Calyx 6-parted, spread- ing. Stamens of the sterile flowers 9, in 3 rows, all fertile, the 3 inner ones biglandular at the base ; those of the fertile flowers 6, sterile : anthei-s linear, 4-celled, 4-valved, introrse. Style subulate : stigma disk-like. Drupes blue, on thick red pedicels. — Trees, with entire or 2-3-lobed deciduous leaves, and greenish flowers in clustered racemes, appearing before the'leaves. 1. S. officinale, Nees. Leaves ovate, entire or 2-3-lobed, smooth or pubescent ; racemes short, silky ; flowers sometimes white. (Laurus Sassafras, L.) — Dry open woods and old fields, Florida, and northward. March. — A small tree, with spicy bark. 3. BENZOIN, Nees. SPICE-BUSH. Involucre 4-leaved. Flowers dioeciously polygamous. Calyx 6-parted. Sta- mens of the sterile flowers 9 (more numerous and rudimentary in the fertile flowers), in 3 rows : filaments slender, the inner ones lobed and glandular at the base : anthers ovate, 2-celled, 2-valved, introrse. Style short. Drupe obovoid, red, the pedicels not thickened. — Shrubs, with entire deciduous leaves, and dull yellow flowers in lateral sessile clusters, appearing before the leaves. 1. B. odoriferum, Nees. Branches slender, smooth ; leaves oblong-obo- vate, acute at the base, paler and pubescent beneath, soon smooth ; clusters numerous, smooth. (Laurus Benzoin, L.) — Banks of streams and low woods, Florida, and northward. Feb. and March. —A shrub 6°- 10° high, with spicy bark. Leaves 3' - 5' long. 2. B. melisssefolium, Nees. Leaves oblong, short-petioled, obtuse or slightly cordate at the base, silky on both sides, as also the branchlets and clusters, at length smooth above ; drupes obovoid. (Laurus melissasfolia, Walt.} — Margins of ponds, West Florida to North Carolina. Feb. and March. —A shrub 2° -3° high. Leaves l'-2' long. 4. TETRANTHERA, Jacq. Involucre 2 - 4-leaved. Flowers dioecious. Calyx 6-parted, deciduous. Sta- mens of the sterile flowers 9, in 3 rows ; those of the fertile flowers numerous and rudimentary : anthers 4-celled, 4-valved, introrse. Stigma peltate. Drupe globose. — Trees or shrubs, with entire leaves, and small flowers in clustered umbels. 1. T. geniculata, Nees. Branchlets smooth, zigzag, spreading; leaves small, oval or oblong, soon smooth, deciduous ; involucre 2 - 4-flowered ; flowers yellow, appearing before the leaves ; drupe red. (Laurus geniculata, Walt.) — Shallow pine-barren ponds, Florida, and northward. Feb. and March. — A THYMELEACE^l. (MEZEBEUM FAMILY.) 395 large shrub, with numerous^preading and forked branches. Leaves somewhat coriaceous, £'- 1' long. 6. CASSYTA, L. Flowers perfect. Calyx 6-cleft, persistent, the exterior lobes minute. Sta- mens 12, in 4 rows, the inner row sterile : anthers 2-cellcd, the inner ones extrorse, the outer introrse. Style very short : stigma disk-like. Fruit enclosed in the fleshy persistent tube of the calyx. — A leafless parasitic plant, with twining filiform stems, and spiked flowers. 1. C. filiformis, Miller. — South Florida. — Spikes 2- 4-flowered. Calyx- lobes thick, triangular, acute. Anthers oval, obtuse. ORDER 112. THYMELEACEJS. (MEZEREUM FAMILY.) Shrubs, with acrid juice, tough bark, simple entire dotless leaves, with- out stipules, and regular perfect flowers, with a tubular or bell-shaped 4 - 5-cleft rarely entire calyx. Stamens commonly twice as many as the calyx-lobes, in 2 rows : anthers 2-celled, opening lengthwise. Style sim- ple : stigma capitate. Drupe with a single suspended anatropous seed, containing little or no albumen. Cotyledons plano-convex. Radicle superior. 1. DIRCA, L. LEATHERWOOD. Calyx bell-shaped, entire, or obscurely 4-toothed. Stamens 8, unequal, ex- serted. Style filiform. Albumen none. — A low branching shrub, with alter- nate petioled oblong or obovate at length smooth and deciduous leaves, and light yellow flowers, from hairy buds, appearing before the leaves. 1. D. palustris, L. — Shady banks of streams, Florida, and northward. Feb. and March. — Shrub 2° -3° high, with pale spreading jointed branches. Leaves 2' long, silky when young. Flowers three in a cluster, on short pedicels. Drupe small, red. ORDER 113. SANTALACE^E. (SANDAL WOOD FAMILY.) Herbs, shrubs, or trees, with simple entire exstipulate leaves. — Calyx tubular, 4 - 5-cleft, valvate in the bud, the tube coherent with the ovary. Stamens 4-5, opposite the lobes, and inserted on the fleshy disk at their base : anthers introrse, opening lengthwise. Ovary 1-celled, with 2-4 anatropous ovules suspended from the apex of the free central placenta. Style single. Fruit 1-seeded. Embryo small, at the apex of copious albumen. Cotyledons cylindrical. Radicle superior. 396 SANTALACEJE. (SANDALWOOD FAMILY.) Synopsis. * Flowers perfect. 1. COMANDRA. Anthers connected with the calyx-lobes by a tuft of hairs. Leaves al- ternate. * * Flowers dioecious. Shrubs. 2. DARBYA. Calyx 4-5-cleft. Anthers connected with the calyx-lobes by a tuft of hairs. Leaves opposite. Flowers umbelled. 3. PYRULARIA. Calyx 5-cleft. Stamens 5. Anthers free. Albumen oily. Leaves alternate. Flowers spiked. 4. BUCKLEYA. Calyx-limb double, each 4-lobed. Stamens 4. Anthers free. Albumen fleshy. Leaves nearly opposite. Flowers terminal. 1. COMANDRA, Nutt. Flowers perfect. Calyx bell-shaped, 5-cleft, the persistent lobes alternating with the lobes of the disk. Stamens 5 : anthers connected with the calyx -lobes by a tuft of hairs. Stigma capitate. Fruit nut-like, 1 -seeded. — Smooth peren- nial herbs, with alternate leaves, and small greenish-white flowers, in axillary and terminal umbel-like peduncled clusters. 1. C. umbellata, Nutt. Stem branching above ; leaves sessile, lanceolate or oblong ; peduncles several, corymbose, 3 - 5-flowered, mostly longer than the leaves ; style slender ; fruiting calyx urn-shaped. (Thesium umbellatum, L.) — Dry soil in the upper districts of Georgia, and northward. April and May. — Stem 8'- 10' high. Leaves % - 1' long. 2. DARBYA, Gray. Flowers dioecious. Sterile flowers top-shaped, 4-5-cleft, the lobes ovate, spreading. Stamens 4-5, inserted into the sinuses of the crenately 4 - 5-lobed disk : filaments short : anthers connected with the calyx-lobes by a tuft of hairs. Fruit 1-celled, 1-seeded. Fertile flowers unknown. — A small shrub, with oppo- site oval membranaceous short-petiole d leaves, and small greenish flowers in axillary peduncled umbels. 1. D. umbellulata, Gray. — Near Milledgeville and Macon, Georgia, Dr. Boykin, Prof. Darby. Lincolnton, North Carolina, Curtis. — Shrub 1° - 1£° high. Leaves 1' long, smooth. Peduncles 3 - 8-flowered, shorter than the leaves. 3. PYRULARIA, Michx. OIL-NUT. Flowers dioecious. Calyx 5-cleft, the lobes recurved. Disk composed of 5 roundish glands. Stamens of the sterile flowers short, alternate with the glands. Fertile flower pear-shaped. Style short and thick : stigma depressed-capitate. Drupe pear-shaped, fleshy. Albumen oily. — A low branching shrub, with al- ternate deciduous leaves, and small greenish flowers in a short terminal spike. 1. P. oleifera, Gray. (Hamiltonia oleifera, Afuhl.) — Shady banks on the mountains, Georgia, and northward. May. — Leaves petioled, obovate-oblong, acute at each end, pubescent, 3' -4' long. Drupe 1' long. SAURURACE^E. (LIZARD's-TAIL FAMILY.) 397 4. BUCKLEYA, Torr. Flowers dioecious. Calyx club-shaped, the limb double, each 4-parted; the exterior lobes linear, leafy, somewhat persistent, the interior triangular-ovate, slightly imbricated in the bud, deciduous. Stamens of the sterile flower 4. Disk of the fertile flower 4-lobed, fleshy. Style short : stigma 4-lobed. Drupe oblong, compressed, furrowed. Embryo slender, in the axis of copious fleshy albumen. — An erect shrub, with straight and slender branches. Leaves scarcely petioled, nearly opposite, distichous, lanceolate, acute, pubescent. Flowers ter- minal, greenish, the sterile ones umbellate, the fertile solitary. 1. B. distichophylla, Torr. — Mountains of North Carolina, Buckley. — Shrub 6° -7° high. Leaves thin, l'-l\|' long. Calyx-tube 4" -5" long, scarcely longer than the exterior spreading lobes, much longer than the inner ones. Drupe £' long. ORDER 114. LORANTHACE^E. (MISTLETOE FAMILY.) Parasitical shrubby plants, with evergreen almost veinless leaves, with- out stipules, and perfect or dioecious flowers. — Calyx of 2 - 8 sepals, dis- tinct or united into a tube, valvate in the bud, sometimes wanting. Sta- mens as many as the sepals and opposite them. Ovary 1-celled, commonly with a single suspended ovule. Style simple or none. Fruit berr/-like. Seeds anatropous. Embryo longer than the fleshy albumen. 1. PHORADENDBON, Nutt. MISTLETOE. Flowers dioecious, in short jointed spikes. Calyx of the sterile flower globular, 2 -4-lobed. Anthers sessile at the base of the lobes, transversely 2-celled. Calyx of the fertile flower adnate to the ovary. Stigma sessile. Berry globose, pulpy, 1-seeded. — Evergreen shrubs, growing on the branches of various trees, with brittle jointed stems, thick persistent leaves, and small flowers in axillary 1. P. flavescens, Nutt. (Viscum flavescens, Pursh.) — Florida to Missis- sippi, and northward. April and May. — Plant yellowish, 2° - 3° long. Branches opposite or whorled. Leaves obovate, fleshy. Spikes shorter than the leaves. Berry white, glutinous. ORDER 115. SAURURACE^. (LIZARD'S-TAIL FAMILY.) Perennial marsh herbs, with jointed stems, alternate entire leaves, with sheathing stipules, and perfect flowers in bracted spikes or racemes. — Calyx and corolla none. Stamens few or many, hypogynous : anthers introrse, opening lengthwise. Ovaries 3-5, more or less united. Ovules few, orthotropous, ascending. Embryo minute, cordate, contained in a cavity at the apex of the albumen. Fruit follicular, 1 - few-seeded. 34 398 CALLITRICHACE^E. ( WATER-STARWORT FAMILY.) 1. SAUKUBUS, L LIZARD'S-TAIL. Stamens 4-8, with long club-shaped filaments. Fruit somewhat fleshy, com- posed of 3 - 4 partly united 1 - 2-seeded carpels, pointed with as many stigmas. — Flowers white. 1. S. cermiUS, L. Stem erect, branching; leaves petioled, cordate-ovate, or oblong-ovate, acuminate ; spikes white, terminal, nodding at the apex ; flow- ers numerous, each from the axil of a small bract. — Marshes and muddy banks, Florida, and northward. May -Aug. — > Rhizoma creeping. Stem 1°- 2° high. Spikes 4' -6' long. ORDER 116. CERATOPHYL-LACE^E. (HORNWORT FAMILY.) Submerged aquatic herbs, with filiform jointed and branching stems, finely dissected whorled leaves, and small axillary monoecious flowers, destitute of floral envelopes, but surrounded by an involucre of 8-12 linear leaves. Anthers 12-24, oblong, 2-3-toothed, sessile. Ovary solitary, simple, with a single suspended orthotropous ovule. Achenium compressed, pointed with the slender persistent style. Albumen none. Cotyledons 4. Plumule conspicuous. — Consisting of the single genus 1. CERATOPHYLLUM, L. HORNWORT. 1. C. demersum, L. Leaves rigid, 6 - 9 in a whorl, once or twice forking, with the lobes spiny-toothed ; achenium oval, compressed, tubercular-roughened on the sides, and armed near the base with 2 lateral widely-spreading slender spines. — In still water, Florida, and northward. Sept. and Oct. — Stems 1°- 4° long. Leaves near the end of the branches much crowded. 2. C. echinatum, Gray ? Leaves weak, 9-12 in a whorl, 3-4 times forking, the ultimate segments bristly -toothed ; ovaries warty, unarmed ; ache- nium oblong, tubercular-roughened on the sides, the edges margined and armed with 5-7 strong and spreading spines. — Shallow ponds, on St. Vincent's Isl- and, West Florida. May. — Stems 6' - 12' long. 3. C. SUbmersum, L. Leaves hair-like, 3-4 times forking, bristly- toothed ; achenium oblong, slightly compressed, tubercular-roughened, with' rounded margins, unarmed. — South Florida, Dr. Blodgett. — Stems 6' - 12' long. ORDER 117. CALLJTRICHACEJE. (WATER-STARWORT FAMILY.) Small aquatic annuals, with opposite entire leaves, and solitary axillary polygamous flowers without floral envelopes. Stamen mostly solitary, 2- bracted in the sterile flower. Filament slender : anther reniform, the PODOSTEMACE^E. (RIVER-WEED FAMILY.) 399 cells confluent. Styles 2, slender: stigmas acute. Capsule 4-angled, 4- celled, with a single suspended anatropous 'seed in each cell, indehiscent. Embryo straight, in copious fleshy albumen. Radicle long, superior. — Consisting of the single genus 1. CALLITRICHE, L. WATER-STAEWORT. 1. C. verna, L. Floating leaves spatulate or obovate, crowded, the lower ones distant, linear; fruit nearly sessile, 2-bracted, keeled on the back. (C. heterophylla, Ell.} — Var. TERRESTRIS. Smaller (2' -3' long); stems much branched/creeping on damp earth ; leaves (l"-2"long) all linear. — Ditches and shallow water, Florida, and northward. March and April. — Stems several, 6'- 12' long. • Leaves £' long. ORDER 118. PODOSTEMACE-3S. (EIVER-WEED FAMILY.) Moss-like aquatic plants, with minute flowers, from a spathe-like in- volucre, and destitute of floral envelopes. — Stamens 5-12: anthers 2-celled. Capsule 2 - 3-celled, and pointed by as many persistent styles. Seeds numerous, on a thick central placenta, destitute of albumen. 1. PODOSTEMON, Michx. RIVER-WEED. Spathe 2-leaved. Flowers pedicelled. Filaments elongated, borne on one side of the stalk of the ovary, united below, and bearing only a single anther. Styles 2, simple. Capsule ribbed, 2-celled, 2-valved. Seeds imbricated. — Submerged aquatic plants, attached to rocks and pebbles by disk-like expan- sions of the stem. Leaves 2-ranked, divided into filiform segments. 1 . P. ceratophyllum, Michx. Leaves rigid, sparingly divided, sheath- ing at the base ; flowers solitary, on slender pedicels ; capsule oval, 8-ribbed. — Rocky places in rivers, Georgia, and northward. July. — Plant olive-green, l'-4' long. 2. P. abrotanoides, Nutt. Leaves much divided, with hair-like seg- ments; flowers 2-3 together, on short pedicels; capsule oblong, 10-ribbed. — Gravelly places in the Chattahodchee River, Nuttall — Plant larger than the last ORDER 119. EUPHORBIACE^. (SPURGE FAMILY.) Plants commonly with acrid milky juice, and monoecious or dioecious often petalous flowers. — Calyx 2 — 8-lobed, mostly valvate in the bud, sometimes wanting. Stigmas 2 -several, simple or divided. Fruit of 2 - several (mostly 3) 1 - 2-seeded carpels united around a central axis, sep- arating at maturity, rarely 1-celled or indehiscent. Seeds suspended, anatropous. Embryo in fleshy albumen. Cotyledons flat. 400 EUPHORBIACE^E. (SPURGE FAMILY.) Synopsis. § 1. Ovules and seeds solitary in the cells. Flowers monoecious. * Flowers without floral envelopes, enclosed in a common cup-shaped involucre. 1. EUPHORBIA. Fertile flower solitary in the 4 - 5-toothed involucre. Sterile flowers sev- eral, each reduced to a single stamen. * * Flowers in bracted spikes or racemes ; the upper ones sterile, the lowest fertile. •t- Flowers apetalous. •H- Stigmas and cells of the capsule 6-7. 2. HIPPOMANE. Carpels woody, indehiscent. Spikes terminal. Staminate flowers clus- tered. . •H- -M- Stigmas and cells of the dehiscent capsule 3. 3. STILLTNGIA. Calyx 2 - 3-toothed. Anthers erect. Staminate flowers clustered. 4. EXC(ECARIA. Calyx 3-parted. Anthers pendulous. Staminate flowers single. 5. ACALYPHA. Stigmas many-parted. Flowers spiked. Bracts of the pistillate flowers leafy, toothed. 6. TRAQIA. Stigmas 3, simple. Flowers racemed. Bracts small, entire. H- •»- Staminate flowers (except No. 1 in Croton), or the pistillate also furnished with petals. 7. CROTON. Pistillate flowers apetalous, or with minute petals. Stamens 6 or more, distinct. 8. CROTONOPSIS. Pistillate flowers apetalous. Capsule 1-celled. Stamens 5, distinct. 9. APIIORA. Pistillate and Staminate flowers 5-petalled. Capsule 3-celled. Stamens 10, monadelphous. * * * Flowers cymose or panicled, apetalous. 10. CNIDOSCOLUS. Flowers cymose. Calyx white, corolla-like. 11. RICINUS. Flowers in crowded panicles. Calyx herbaceous. J 2. Ovules, and commonly the seeds, 2 in the cells. * Flowers monoecious, apetalous. Ovary 3-celled. Herbs. 12. PHYLLANTHDS. Flowers axillary. Calyx 5 - 6-parted. Stamens 3, monadelphous. 13. PACHYSANDRA. Flowers spiked. Calyx 4-parted. Stamens 4, distinct. * * Flowers dioecious, apetalous. Ovary 2-celled. Shrubs. 14. DRYPETES. Flowers in axillary clusters. Fruit drupaceous, 1-celled, 1-seeded. 1. EUPHORBIA, L. SPURGE. Flowers monoecious, destitute of calyx and corolla ; the single pistillate, and several monandrous staminate ones included in a cup-shaped or top-shaped 4-5- toothed involucre, which has commonly thick and often colored glands between the teeth. Styles 3, 2-cleft. Capsule exserted, 3-celled : carpels 2-valved, 1-seeded. — A polymorphous genus of plants with acrid milky juice. § 1 . Leaves without stipules. * Stem erect, umbellately branched above : involucres solitary, terminal and in the forks of the branches: leaves of the stem alternate, those oj the branches opposite or whorled. •«- Glands of the involucre 5, with white petal-like appendages : leaves entire : peren- nials. 1. E. corollata, L. Stem smooth or pubescent; branches 4 -6, twice or thrice forking, mostly short and fastigiate ; leaves thick, oblong or oval, obtuse, pale and mostly hairy beneath ; involucres pedicelled ; appendages of the (green) EUPHORBIACE^E. (SPURGE FAMILY.) 401 glands orbicular, showy; capsule and seed smooth. (E. paniculata, Ell.) — Va/. ANGUSTIFOLIA, Ell. Stems slender ; branches mostly 3, forking, elongated, spreading ; leaves varying from linear to obovate ; involucres small, scattered ; appendages of the glands transversely oblong. — Dry rich soil, Florida to Mis- sissippi, and northward ; the var. in sandy pine barrens. July - Sept. — Stem l°-2°high. 2. E. discoidalis, n. sp. Smooth or pubescent ; branches commonly 2, divaricate, forking ; leaves linear, obtuse, with the margins revolute ; involucres on slender pedicels ; glands deep red, bordered by the narrow appendages ; seeds obova to, pale, minutely pitted. — Dry sandy pine barrens near the coast, West Florida. Aug. -Oct. Plant 6' -18' high; the stem much shorter than the branches. Leaves 2' -3' long, 1"- 2" wide. Involucres scattered. 3. E. Curtisii, Engelm. Smooth ; stems filiform ; branches mostly 3, erect, sparingly divided ; leaves thin, linear or linear-oblong, obtuse, short-peti- oled, spreading or recurved ; involucres minute, scattered, on long capillary pedicels ; glands green, margined by the white crenate appendages ; capsule erect, short-stalked, round-angled; seed globose, smooth. — Low pine barrens, Florida to North Carolina. Aug. — Plant 6' - 9' high, sometimes branching from the base. Leaves £' - 1 £' long. •t- •<- Glands of the involucre 5, without appendages. + Annuals. 4. E. COmmutata, Engelm. Smooth ; stems erect or ascending, umbel- lately or alternately branched ; leaves thin, obovate, entire, the lower ones peti- oled, those of the branches round-kidney-shaped, sessile ; involucres nearly sessile, shorter than the floral leaves ; glands crescent-shaped or 2-horned ; cap- sule smooth, round-angled ; seeds ovoid, pitted. — Dry soil, Aspalaga, Florida, and probably elsewhere, previously confounded with E. Peplus, L., which has a wing-crested capsule. — Stem 6' -12' high. Leaves £'-!' long. Plant pale green. 5. E. obtusata, Pursh. Smooth ; stem erect ; branches 3 - 5 ; leaves sessile, serrulate, obtuse ; those of the stem wedge-oblong, of the branches ovate ; involucre nearly sessile; glands oval; capsule round-angled, warty; seeds smooth. (E. Helioscopia, Ell.?) — Shady woods, South Carolina, and north- ward. July - Sept. — Stem 1° high. Leaves 1' long. •* + Perennials. 6. E. Darlingtonii, Gray. Stem tall; branches 5-8, forking; leaves entire, slightly pubescent beneath ; those of the stem oblong, of the branches oval or roundish, obtuse, truncate at the base ; involucres nearly sessile ; glands obliquely oval ; capsule obscurely warty ; seeds smooth. — Mountains of North Carolina, and northward. July. — Stem 2° - 4° high. 7. E. Floridana, n. sp. Smooth; stem erect; branches 3-4, forking; leaves entire, sessile ; those of the stem linear or linear-lanceolate, mostly acute, reflexed ; of the branches cordate-ovate, clasping, acute ; involucres short-pedi- cellcd, green, with the ovate lobes nearly entire, much shorter than the truncate crenate stalked glands ; capsule acute-angled, and, like the seeds, smooth. — Dry 34 402 EUPHORBIACEJE. (SPURGE FAMILY.) pine barrens, Middle Florida. June -Aug. — Stem l°-2° high. Branches of the more sterile plants successively forking and widely spreading. Leaves l'-2' long. 8. E. inundata, Torr. Smooth; stem erect, 3-branchcd or alternately branched from near the base, few-flowered ; leaves erect, lanceolate, entire, acute, sessile ; those of the branches oblong-ovate, clasping ; involucre long-peduncledj reddish, the pubescent lobes 3-toothed ; glands orbicular, peltate, entire ; capsules acute-angled, smooth, like the globose seed. — Pine-barren swamps, Florida. April-June. — Stems 6' -12' high, from a thick woody root. Leaves 2' -3' long. 9. E. telephioides, n. sp. Smooth and somewhat fleshy ; stem thick ; branches 3, short, forking ; leaves of the stem large, oblong-obovate, obtuse, erect, with membranaceous margins ; those of the branches small, ovate, clasp- ing ; involucre purple, slender-stalked, the lobes ovate, entire, ciliate, incurved ; glands peltate, roundish, entire ; capsule acute-angled, smooth ; seeds smooth. — Low sandy pine barrens near the coast, West Florida. May and June. — Plant light-green, 2' - 5' high. Stem-leaves 2' - 3' long, often longer than the branches. Floral leaves 4" - 6" long. * * Stem erect, successively forking : leaves commonly opposite : involucres in the forks dark purple : glands 5, without appendages : perennials. 10. E. Ipecacuanhas, L. Stems several from a long perpendicular root, slender, commonly forking from near the base ; leaves of the stem and branches similar, opposite, or the lowest rarely alternate, entire, obtuse, varying from lin- ear to round-obovate, short-petioled ; peduncles slender, mostly longer than the leaves ; involucre small ; capsule slender-stalked, nodding, round-angled ; seeds minutely pitted. — Dry sandy soil, Florida to Mississippi, and northward. May and June. — Stem 2' - 12' high. Leaves £' - 1' long. 11. E. nudicaulis, n. sp. Smooth; stems slender, forking above ; leaves minute (J" long), oval or obovate, the lowest alternate, those of the branches opposite ; involucres minute, on short peduncles ; glands top-shaped. — Low pine barrens, near St. Joseph's, "West Florida. June. — Stems 1° high. Capsule and seeds unknown. * * * Branches and leaves alternate : involucres terminal, clustered or single : glands without appendages. 12. E. cyathoph.ora, Jacq. Annual, smooth ; stem erect, branching from the base ; branches elongated, leafy at the summit ; leaves petioled, oblong, fid- dle-shaped, toothed or entire, the uppermost deep red at the base ; involucres .clustered, short-stalked, with 5 incised lobes and a single gland ; capsule smooth ; seeds globose, warty. — Var. graminifolia (E. graminifolia, Michx.) has the leaves all linear and entire. — South Florida, and around dwellings, apparently intro- duced. May - Oct. — Stem 1° - 2° high. Leaves 2' long. 13. E. trichotomy, H.B. K. Shrubby; stem irregularly much branched, very leafy ; leaves small, imbricated, oblong-obovate, acute, obscurely crenate, sessile ; involucre solitary, top-shaped, sessile ; glands 5, peltate ; capsule smooth, short-stalked. — South Florida. — Stem low. Leaves 3" - 4" long. EUPHORBIACE^:. (SPURGE FAMILY.) 403 § 2. Leaves stipulate^ all opposite ; glands of the involucre 4 : annuals. * Stems erect or ascending : seeds 4^-angled, transversely rugose. 14. E. hypericifolia, L. Smooth throughout; stem ( £°-l° high) erect; branches alternate, 2-ranked ; leaves (£'-!' long) petiolcd, lanceolate-oblong, oblique and obtuse or acute at the base, equally serrulate on both margins ; stipules reflexed ; involucres in dense lateral long-peduncled cymose clusters ; appendages of the glands white, kidney-shaped ; capsules rather acutely angled, smooth; seed minute, reddish. — South Florida. — rVar. COMMTJNIS, Engelm. Stem often pubescent, ascending (l°-l£° high); oblong or lanceolate, obtuse or cordate at the base, often blotched with red, sharply serrate on the lower margin, entire below the middle on the upper ; clusters terminal ; appendages of the glands rounded, entire ; capsule round-angled, smooth ; seeds larger, nearly black. — Cultivated grounds, Florida, and northward. Aug. and Sept. 15. E. pubentissima, Michx. "Perennial, erect, very pubescent; stem somewhat dichotomous; leaves opposite, sessile, oval, slightly cordate, obtuse; peduncles solitary ; interior segments of the involucre (glands) white." Mi- chaux. — "Pine barrens in the middle districts of Georgia and Carolina. — Leaves nearly 1' long. Flowers in the forks ; peduncles nearly as long as the leaf." Elliott. ( * ) 16. E. glabella, Swartz ? Stem stout, smooth, ascending, alternately branching or forking from the base, purple ; leaves very numerous, somewhat fleshy, nearly sessile, oblong-ovate, cordate, acute, entire, with the margins invo- lute, the uppermost crowded ; involucres in dense terminal clusters ; glands pel- tate, orbicular, bordered by a white appendage ; capsule smooth, acute-angled ; seed bluish, faintly rugose. — Sandy sea-shore, South Florida. — Stem 1° high. Leaves 3" - 5" long. Stipules fringed. 17. E. pilulifera, L. Pubescent; stem erect, forking from the base; leaves short-petioled, oblong-ovate, oblique, acute at each end, serrate ; invo- lucres minute, in dense terminal short-stalked clusters ; glands without appen- dages ; capsule acute-angled, hairy ; seeds faintly rugose. — South Florida. — Stem 4'- 6' high. Leaves 5"- 8" long. * * Stems prostrate, diffuse : leaves small : involucres small and mostly crowded near the summit of the branches. 18. E. maculata, L. Pubescent; leaves oblong, serrate, oblique at the base, petioled, often blotched with purple ; stipules 2-parted ; capsule acute- angled, hairy ; appendages of the glands transversely oblong, white ; seed 4- angled, smooth, faintly wrinkled or pitted on the concave sides. (E. depressa, Torr.) — Cultivated ground and waste places, very common. June -Oct. — Stems 6' - 1 2' long. Leaves 3" - 4" long. 19. E. insequilatera, Sender. Smooth; leaves oval or obovate, oblique and acute or obtuse at the base, obscurely serrulate, petioled ; stipules ovate, entire or sparingly short-fringed ; appendages of the glands white, transversely oblong ; capsule smooth, acute-angled ; seed 4-angled, granular-roughened and faintly wrinkled on the sides. — South Florida. May -Oct. — Stems 6' -12' long. Leaves 2" - 5" long. 404 EUPHORBIACE^. (SPURGE FAMILY.) 20. E. cordifolia, Ell. Smooth ; leaves petioled, oval or roundish, entire, obtuse, cordate or truncate and oblique at the base ; stipules slender, deeply parted into long capillary segments ; appendages of the glands conspicuous, oblong or roundish, white ; capsule smooth, acute-angled ; seed 4-angled, smooth and even. — Sandy pine barrens, Florida to South Carolina, and westward. — July - Sept. — Stems 6' - 1 8' long. Leaves 4" - 6" long, pale green. 21. E. polygonifolia, L. Smooth and somewhat fleshy ; leaves oblong or linear-oblong, entire, oblique, obtuse or slightly cordate at the base, petioled ; stipules by pairs, 2 - 3-parted ; glands of the involucre slightly margined by the narrow appendages, rather shorter than the subulate obtuse lobes ; capsule smooth, acute-angled ; seed large, obovate, not angled, smooth and even. — Drifting sands along the coast, Florida, and northward. July -Oct. — Stems 4'- 12' long. Leaves £' long. Involucres densely bearded within. Seed whitish. 2. HIPPOMANE, L. Flowers monoecious, apetalous, in thick cylindrical spikes. Sterile flowers clustered in the axil of a broad entire bract. Calyx top-shaped, 2-lobed. Sta- mens 2, exserted : anther-cells separate. Fertile flower solitary at the base of the spike. Calyx 3-parted, many-bracted. Ovary sessile, 6-7-celled. Style short and thick : stigmas 6-7, acute, spreading. Fruit fleshy, of few woody 1-seeded indehiscent carpels. — A small tree, with milky poisonous juice, and short and thick branches. Leaves alternate, stipulate, petioled, ovate, serrulate, acute or acuminate, smooth, approximate at the summit of the branches. Peti- oles biglandular at the apex. Spikes greenish. 1. H. Mancinella, L. — South Florida. — Branches roughened with the scars of the deciduous leaves. Leaves l'-2' long. Spikes 2' long, terminal, solitary. Clusters of flowers with a gland-like bract on each side. Fruit re- sembles an apple. 3. STILLINGIA, Gard. Flowers monoecious, apetalous, spiked. Sterile flowers clustered, cup-shaped, 2-4-toothed or crenate. Stamens 2 - 3, exserted : anthers erect. Fertile flow- ers few at the base of the spike. Calyx 3-lobed. Style short : stigmas 3, entire, spreading. Capsule roundish, of three 1-celled 1-seeded 2-valved carpels. — Smooth herbs, shrubs, or trees, with milky juice. Leaves alternate, stipulate. Bracts with a fleshy gland on each side. 1. S. sylvatica, L. (QUEEN'S DELIGHT) Herbaceous ; stems clustered, erect or ascending from a thick woody root, umbellately branched : leaves some- what crowded, nearly sessile, thickish, varying from linear-lanceolate to obovate, obtuse or acute, crenate-serrulate ; spikes yellowish, terminal, and in the forks of the stem, longer than the leaves ; glands cup-shaped ; stamens 2 ; capsule roughish ; seed globose. — Light dry soil, Florida to North Carolina, and west- ward. April - Sept. — Stems 1° - 3° high. Leaves 1 ' - 2' long. Spikes 2' - 3' long. EUPHORBIACE^E. (SPURGE FAMILY.) 405 2. S. aquatica, n. sp. Shrubby ; stem single, erect from a fibrous spongy root, umbellately or alternately branched above, thickened near the base ; leaves lanceolate, mostly acute, tapering at each end, short-petioled, sharply serrulate, the uppermost yellowish ; stipules bristly ; spikes mostly shorter than the leaves, terminal and in the forks of the stem ; glands peltate ; stamens 2 ; capsule smooth; seeds globose, pitted, silvery -coated. — Pine-barren ponds, Florida to South Carolina. May - Sept. — Stem 3° - 6° high. Leaves 2' - 4' long. 3. S. ligustrina, Michx. Shrubby ; branches alternate, slender ; leaves petioled, ovate-lanceolate or oblong-ovate, mostly obtuse, narrowed at the base, entire ; stipules ovate ; spikes short, often by pairs, shorter than the leaves, lat- eral and terminal ; stamens 3 ; capsule and oval seed smooth. — River-swamps, Florida to North Carolina, and westward. May -Aug. — Shrub 6°- 12° high. Branches spreading. Leaves l'-3' long. 4. S. sebifera, Michx. Arborescent; leaves long-petioled, rhomboidal, acuminate, entire ; spikes terminal, densely flowered ; sterile flowers pedicelled ; calyx 4-toothed ; stamens 2 ; capsule roughish ; seeds white. — Georgia and South Carolina, near the coast ; introduced from China. June and July. — A tree 20° - 40° high. 4. EXCCECABIA, L. Flowers monoecious or dioscious, apetalous. Sterile flowers in cylindrical spikes, sessile. Calyx 3-parted. Stamens 2-4, partly monadelphous : anthers pendulous. Fertile flowers few or solitary at the base of the sterile spike, sessile or peduncled. Calyx 3-sepalous ; style 3-parted : stigmas entire, spreading. Capsule of three 1-celled, 1 -seeded, 2-valved carpels. — Shrubs or trees, with milky juice, and alternate serrate or crenate leaves. 1. E. lucida, Swartz. Smooth; leaves coriaceous, petioled, obovate or oblong, obtuse or emarginate, crenate ; fertile flowers solitary or by pairs, long- peduncled, nodding ; capsule round-angled, smooth, like the ovoid seed. — South Florida. — - Tree 30° - 40° high. Leaves 1 ' - 1£' long. 5. ACALYPHA, L. Flowers monoecious, apetalous, in axillary and terminal spikes. Staminate flowers clustered, minutely bracted. Calyx 4-parted. Stamens 8-16, with the filaments united at the base ; anthers pendulous. Pistillate flowers at the base of the staminate ones, or on separate spikes, surrounded by a leafy toothed bract. Calyx 3-parted. Styles 3, many-cleft. Capsule roundish, of three 1-celled, 1-seeded, 2-valved carpels. — Herbs, with watery juice, and alternate serrate leaves. * Staminate and pistillate flowers on the same spike. 1. A. Virginica, L. Annual, smoothish or hairy; stem erect, branched ; leaves thin, long-petioled, rhombic-ovate or oblong-ovate, acute, coarsely sen-ate above the middle ; staminate spikes few-flowered, mostly shorter than the large 5 - 9-lobed bracts, with 1-3 pistillate flowers at the base ; capsule pubescent. — 406 EUPHORBIACE^E. (.SPURGE FAMILY.) Fields and around dwellings, Florida, and northward. July - Sept. — Stem 1° - 2° high. Leaves, with the petiole, 4' - 5' long. 2. A. gracilens, Gray. Annual, downy ; stem slender, erect or ascend- ing; leaves short-petioled, lanceolate, obscurely serrate or entire; staminate spikes mostly many-flowered and longer than the ovate-sen-ate or toothed bracts, with 1 - 3 pistillate flowers at the base ; capsule hairy. — Sterile soil, Florida, and northward. July - Sept. — Stem 6'- 18' high. Leaves !'-!£' long. 3. A. COrchorifolia, Willd. Perennial ; stems several from a thick and woody root, prostrate, pubescent, simple or sparingly branched ; leaves short- petioled, ovate and oblong, obtuse, crenate, hairy ; pistillate flowers numerous, crowded at the base of the slender staminate spike, each surrounded by a round-ovate hairy toothed bract ; capsule bristly; seed ovoid, smooth. — South Florida. — Stems 4' -6' long. Leaves rigid, 6" -8" long. Spikes mostly terminal. * * Staminate and pistillate flowers on separate spikes. 4. A. Caroliniana, Walt. Annual ; stem erect, much branched, pubes- cent ; leaves thin, smooth, cordate-ovate, sharply serrate, long-pe^ioled ; stami- nate spike lateral, small, the minute white flowers pedicelled ; pistillate spike terminal, stout, many-flowered ; bracts cut into several subulate lobes ; capsule bristly ; seeds silvery, pitted. — Cultivated ground, Florida to Mississippi, and northward. July - Sept. — Stem 1 ° - 2° high. Leaves 2' - 3' long. 6. TBAGIA, Plum. Flowers monoecious, apetalous, in slender racemes. Sterile flowers few or numerous, caducous. Calyx 3-4-parted. Stamens 2-4, with short and sepa- rate filaments. Fertile flowers few or solitary at the base of the raceme. Calyx 5 - 8-parted. Style 3-cleft : stigmas entire. Capsule bristly, of three globose 1 -celled, 1 -seeded, 2-valved carpels. — Pubescent or bristly herbs, with watery juice. Leaves alternate. Kacemes opposite the leaves and terminal. Bracts small, entire, persistent. Flowers minute, greenish. 1. T. urens, L. Low, downy or hairy; stem at length much branched; leaves nearly sessile, varying from broadly ovate or oblong-ovate, and serrate or toothed throughout, or only at the apex, to linear and entire, obtuse, paler be- neath ; racemes shorter than the leaves and few-flowered, or elongated and many-flowered. (T. linearifolia, EIL, the narrow-leaved form.) — Dry sandy soil, Florida, and northward. May -Aug. 1J. — Stem 6'- 12' high. Leaves 1'- 2' long. 2. T. urticifolia, Michx. Bristly, with stinging hairs ; stem erect, spar- ingly branched ; leaves petioled, deltoid-ovate or oblong, coarsely serrate, trun- cate or cordate at the broad base, pale beneath , racemes shorter than the leaves, the sterile flowers somewhat crowded; capsule very bristly. — Dry soil, Florida to North Carolina, and westward. June -Sept. 1J. — Stems l°-2° high. Leaves 1 ' - 2' long. EUPHORBIACE^l. (SPURGE FAMILY.) 407 7. CBOTON, L. Flowers monoecious, in spikes or racemes. Calyx of the sterile flowers 4-6- cleft or 4 - 6-parted. Petals 4-6 (wanting in No. 1 ). Stamens 5 - 20, distinct : anthers erect, introrse. Glands as many as the calyx-lobes and opposite them. Fertile flowers at the base of the sterile spike. Calyx 5 - 8-cleft or 5 - 8-parted. Petals minute or wanting. Styles 2-3, once - thrice 2-cleft. Capsule of 3 (rarely 1-2) 1-celled, l-seeded, 2-valved carpels. Glands as many as the calyx- lobes or none. — Herbs or shrubs, with watery juice, stellate pubescence, and alternate petioled leaves. Flowers terminal, and at the divisions of the stem. ' * Styles very short: stigmas 18-20: petals none: stamens mostly 12: capsule 3-celled. 1. C. rnaritimum, Walt Herbaceous ; whole plant covered with a rough scurfy stellate and somewhat hoary pubescence ; stem stout, bushy, umbellately branched ; leaves thick, long- petioled, ovate, obtuse, entire, rounded or slightly cordate at the base, hoary beneath ; spikes long-peduncled, capitate, few-flowered, the sterile and fertile ones mostly separate; calyx 5-cleft, with ovate-obtuse lobes ; capsule much longer than the calyx ; seeds ovoid, mottled. — Drifting sands along the coast, Florida to North Carolina. July - Oct. — Stem 2° - 3° high. Leaves 2' - 3' long. Flowers occasionally polygamous. * * Styles 3, twice 2-parted or 2-cleft : stigmas 12 : petals of the sterile flowers 5-6, of the fertile none: stamens 8 - 15 : capsule 3-celled, 2. C. balsamiferum, Willd. Shrubby ; stem smooth, whitish ; branches stellate-pubescent, roughish; leaves slender-petioled, ovate, acute, crenulate, sprinkled with rigid stellate hairs, hoary when young ; spikes woolly, at length elongated ; sterile flowers numerous, the fertile ones few ; calyx of the sterile flower 5-parted, longer than the woolly-margined petals ; style twice 2-parted ; the divisions long, filiform ; stamens about 15 ; capsule much longer than the calyx; seed ovoid, smooth. — South Florida. — Shrub l°-2° high. Leaves thin, !'-!£' long. 3. C. ElliOttii. Annual, stellate-tomentose throughout; stem slender, erect, umbellately much branched ; leaves short-petioled, lanceolate or oblong, entire, obtuse at each end, green above, pale beneath, the lowest scattered, the others mostly crowded at the divisions of the stem and summit of the branches ; sterile flowers few, minute ; calyx 5-parted, unequal, longer than the petals ; stamens 8 - 10 ; fertile flowers several, clustered ; calyx 5 - 8-parted, with oblong obtuse lobes, as long as the capsule ; style twice 2-parted : seeds oval, smooth, flattened on the inner face. ( C. ellipticum, Ell.} — Pine barrens, Florida to South Carolina. July - Sept. — Stem 2° - 3° high. Leaves 1 £' - 2' long. 4. C. argyranthemum, Michx. Herbaceous, perennial, covered through- out with stellate silvery scales ; stem erect, umbellately branched ; leaves obo- vate or oblong, obtuse, entire, silvery beneath, narrowed into a petiole ; racemes sessile, oblong, obtuse; the fertile flowers numerous and crowded; calyx 5-6- parted, with the lobes acute; stamens 10-12, hairy; styles long and slender, 4-cleft at the apex ; capsule much longer than the calyx. — Dry sandy pine 406 EUPHORBIACEJE. (SPURGE FAMILY.) Fields and around dwellings, Florida, and northward. July - Sept. — Stem 1° - 2° high. Leaves, with the petiole, 4' - 5' long. 2. A. gracilens, Gray. Annual, downy ; stem slender, erect or ascend- ing; leaves short-petioled, lanceolate, obscurely serrate or entire; staminate spikes mostly many-flowered and longer than the ovate-serrate or toothed bracts, with 1 -* 3 pistillate flowers at the base ; capsule hairy. — Sterile soil, Florida, and northward. July - Sept. — Stem 6' -18' high. Leaves I'-l^' long. 3. A. corchorifolia, Willd. Perennial ; stems several from a thick and woody root, prostrate, pubescent, simple or sparingly branched ; leaves short- petioled, ovate and oblong, obtuse, crenate, hairy ; pistillate flowers numerous, crowded at the base of the slender staminate spike, each surrounded by a round-ovate hairy toothed bract ; capsule bristly; seed ovoid, smooth. — South Florida. — Stems 4' -6' long. Leaves rigid, 6" -8" long. Spikes mostly terminal. * * Staminate and pistillate flowers on separate spikes. 4. A. Caroliniana, "Walt. Annual ; stem erect, much branched, pubes- cent ; leaves thin, smooth, cordate-ovate, sharply serrate, long-pe±ioled ; stami- nate spike lateral, small, the minute white flowers pedicelled ; pistillate spike terminal, stout, many-flowered ; bracts cut into several subulate lobes ; capsule bristly ; seeds silvery, pitted. — Cultivated ground, Florida to Mississippi, and northward. July - Sept. — Stem 1 ° - 2° high. Leaves 2' - 3' long. 6. TRAGIA, Plum. Flowers monoecious, apetalous, in slender racemes. Sterile flowers few or numerous, caducous. Calyx 3 - 4-parted. Stamens 2-4, with short and sepa- rate filaments. Fertile flowers few or solitary at the base of the raceme. Calyx 5 - 8-parted. Style 3-cleft : stigmas entire. Capsule bristly, of three globose 1-celled, 1-seeded, 2-valved carpels. — Pubescent or bristly herbs, with watery juice. Leaves alternate. Kacemes opposite the leaves and terminal. Bracts small, entire, persistent. Flowers minute, greenish. 1. T. urens, L. Low, downy or hairy; stem at length much branched; leaves nearly sessile, varying from broadly ovate or oblong-ovate, and serrate or toothed throughout, or only at the apex, to linear and entire, obtuse, paler be- neath ; racemes shorter than the leaves and few-flowered, or elongated and many-flowered. (T. linearifolia, Ell., the narrow-leaved form.) — Dry sandy soil, Florida, and northward. May -Aug. 1J. — Stem 6'- 12' high. Leaves 1'- 2' long. 2. T. urticifolia, Michx. Bristly, with stinging hairs ; stem erect, spar- ingly branched ; leaves petioled, deltoid-ovate or oblong, coarsely serrate, trun- cate or cordate at the broad base, pale beneath , racemes shorter than the leaves, the sterile flowers somewhat crowded ; capsule very bristly. — Dry soil, Florida to North Carolina, and westward. June -Sept. U— Stems l°-2° high. Leaves 1'- 2' long. EUPHORBIACK-E. (SPURGE FAMILY.) 407 7. CROTON, L. Flowers monoecious, in spikes or racemes. Calyx of the sterile flowers 4-6- cleft or 4 - 6-parted. Petals 4-6 (wanting in No. 1 ). Stamens 5 - 20, distinct : anthers erect, introrse. Glands as many as the calyx-lobes and opposite them. Fertile flowers at the base of the sterile spike. Calyx 5 - 8-cleft or 5 - 8-parted. Petals minute or wanting. Styles 2-3, once - thrice 2-cleft. Capsule of 3 (rarely 1-2) 1 -celled, I -seeded, 2-valved carpels. Glands as many as the calyx- lobes or none. — Herbs or shrubs, with watery juice, stellate pubescence, and alternate petioled leaves. Flowers terminal, and at the divisions of the stem. ' * Styles very short: stigmas 18-20: petals none: stamens mostly 12 : capsule ^-celled, 1. C. maritimum, Walt Herbaceous ; whole plant covered with a rough scurfy stellate and somewhat hoary pubescence ; stem stout, bushy, umbellately branched ; leaves thick, long- petioled, ovate, obtuse, entire, rounded or slightly cordate at the base, hoary beneath ; spikes long-peduncled, capitate, few-flowered, the sterile and fertile ones mostly separate; calyx 5-cleft, with ovate-obtuse lobes ; capsule much longer than the calyx ; seeds ovoid, mottled. — Drifting sands along the coast, Florida to North Carolina. July-Oct — Stem 2° -3° high. Leaves 2' - 3' long. Flowers occasionally polygamous. * * Styles 3, twice ^-parted or 2-deft: stigmas 12 : petals ojthe sterile flowers 5-6, of the fertile none: stamens 8 - 15 : capsule 3-celled. 2. C. balsamif er um, Willd. Shrubby ; stem smooth, whitish ; branches stellate-pubescent, roughish; leaves slender-petioled, ovate, acute, crenulate, sprinkled with rigid stellate hairs, hoary when young ; spikes woolly, at length elongated ; sterile flowers numerous, the fertile ones few ; calyx of the sterile flower 5-parted, longer than the woolly-margined petals ; style twice 2-parted ; the divisions long, filiform ; stamens about 15 ; capsule much longer than the calyx; seed ovoid, smooth. — South Florida. — Shrub l°-2° high. Leaves thin, !'-!£' long. 3. C. Elliottii. Annual, stellate-tomentose throughout; stem slender, erect, nmbellately much branched ; leaves short-petioled, lanceolate or oblong, entire, obtuse at each end, green above, pale beneath, the lowest scattered, the others mostly crowded at the divisions of the stem and summit of the branches ; sterile flowers few, minute ; calyx 5-parted, unequal, longer than the petals ; stamens 8- 10 ; fertile flowers several, clustered ; calyx 5 -8-parted, with oblong obtuse lobes, as long as the capsule ; style twice 2-parted : seeds oval, smooth, flattened on the inner face. (C. ellipticum, Ett.) — Pine barrens, Florida to South Carolina. July - Sept. — Stem 2° - 3° high. Leaves 1 £' - 2' long. 4. C. argyranthemum, Michx. Herbaceous, perennial, covered through- out with stellate silvery scales ; stem erect, umbellately branched ; leaves obo- vate or oblong, obtuse, entire, silvery beneath, narrowed into a petiole ; racemes sessile, oblong, obtuse ; the fertile flowers numerous and crowded; calyx 5 -6- parted, with the lobes acute; stamens 10-12, hairy, styles long and slender, 4-cleft at the apex ; capsule much longer than the calyx — Dry sandy pine 408 EUPHORBIACE^:. (SPURGE FAMILY.) barrens, Georgia and Florida. June -Sept. — Stem 6' -12' high. Leaves !'-!£' long. * * Styles 3, 2-cleft : stigmas 6 : petals of the sterile flowers longer than the calyx, of the fertile ones minute, subulate: stamens 8 : capsule 3-celled. 5. C. glandlllosum, L. Annual, rough with bristly hairs ; stem umbel- lately branched ; leaves oblong, obtuse, coarsely serrate, mostly crowded at the divisions of the stem and summit of the branches ; the slender petiole biglandu- lar at the apex ; spikes small ; sterile flowers minute, white ; calyx 4-parted ; petals 4 ; fertile flowers few, with the calyx 5-parted. — Dry waste places, Flor- ida to North Carolina, and westward. July - Sept. — Stem 6' - 1 8' high. * =* * * Styles 2, 2-parted : stigmas 4 : petals 5 in the sterile flowers, none in the fertile :, stamens 5-10: capsule 1 - 2-celled. 6. C. monanthogynum, Michx. Annual ; stem erect, twice or thrice umbellately branched, the spreading forking branches, like the leaves and racemes, stellate-tomentose ; leaves on slender petioles, ovate or oblong, entire, obtuse, whitish beneath ; racemes in the forks of the branches, few-flowered ; the sterile flowers corymbose ;, the fertile (1-2) nodding. — Dry sterile soil, South Florida to North Carolina. June - Sept. — Stem 1° high. Leaves 1' long. 8. CBOTONOPSIS, Michx. Flowers monoecious, in terminal and axillary clusters. Calyx of the sterile flowers 5-parted. Petals and stamens 5. Filaments separate, dilated upward. Fertile flowers below the sterile. Calyx 3 -5-parted. Petals none. Petal-like glands 5, opposite the calyx-lobes. Ovary 1 -celled, 1-ovuled. Stigmas 3, each 2-cleft. Fruit globose, indehiscent, 1 -seeded. — A low and slender branching annual. Leaves linear or lanceolate, short-petioled, entire, green and hairy above, the lower surface, like the branches, covered with silvery scales. Flowers minute. 1. C. linearis, Michx. — Dry sandy soil, Florida to North Carolina. Aug. -Sept. — Stem 6' -12' high, alternately branched or forking. Leaves £'- 1' long, alternate or opposite. 9. APHOBA, Nutt. Flowers monoecious, in axillary spikes. Sterile flowers few. Calyx 5-parted. Corolla of 5 spatulate petals alternating with 5 flattened glands, as long as the calyx. Stamens 10-12, in 2 whorls of 5-6 each, monadelphous below. Fer- tile flowers like the sterile, but the petals shorter than the calyx. Style 3-parted, the divisions 2-cleft. Capsule of three 1-celled, 1-seeded, 2-valved carpels. — Shrubs, or herbs, with watery juice. 1. A. Blodgettii, Torr. Branches smoothish ; leaves alternate, oval or oblong, mostly acute, sharply serrulate, smooth, or sprinkled with simple ap- pressed hairs, abruptly short-petioled ; sterile flowers 3-5, fertile mostly solitary ; EUPHORBIACE^:. (SPURGE FAMILY.) 409 calyx-lobes lanceolate, acute ; petals greenish-white ; capsule rough-hairy ; seed globose, wrinkled. — South Florida. — Shrub 1 ° - 2° high. Leaves I' -2' long. 10. CNIDOSCOLUS, Pohl. Flowers monoecious, apctalous, cyraose. Calyx corolla-like. Calyx of the sterile flower salver-shaped, 5-lobed. Stamens 10, the 5 inner ones with mona- delphous filaments. Fertile flowers intermingled with the sterile ones. Calyx of 5 sepals, convolute in the bud. Styles 3, many-parted. Capsule of three 1-cellcd, 1 -seeded, 2-valved carpels. — Herbs or shrubs, with alternate leaves, and white flowers. 1. C. stimulosus, Gray. Herbaceous, bristly with stinging hairs; stem, erect, simple or branched ; leaves long-petioled, round-cordate in outline, pal- mately 3 -5-lobed or parted, the divisions toothed, pinnatifid, or somewhat bipinnatifid, often discolored ; calyx showy ; capsule oblong ; seed oblong, smooth, spotted. (latropha stimulosa, Michx.) — Dry pine barrens, Florida to North Carolina. April -Sept. 1\|. — Stem £° - 2° high. Flowers sometimes dioecious. 11. RICINUS, Tourn. CASTOR-OIL PLANT. Flowers monoecious, apetalous, in a dense oblong panicle, the upper ones fertile. Calyx 3 - 5-parted. Corolla none. Stamens numerous ; the filaments much branched : anther-cells distinct, pendulous. Styles 3, 2-parted. Capsule spiny or bristly, of 3 oblong 1 -celled, 1 -seeded, 2-valved carpels. — Herbs, or (tropical) shrubs or trees, with petioled peltate lobed leaves. Panicles lateral and terminal. 1. B,. COmniunis, L. Stem large, glaucous ; leaves orbicular in outline, palmately 7 - 9-lobed ; the lobes oblong or ovate, acuminate, unequally serrate, smooth ; petioles glandular ; panicles in the forks of the stem, and opposite the leaves, dense, glaucous. Capsules oblong, spiny. — Waste places. Introduced. June - Oct. (j) — Stem 3° - 10° high. Leaves 1° in diameter. Stipules large, deciduous. Panicle 6'- 12' long. 12. PHYLLANTHUS, Swartz. Flowers monoecious, apetalous, axillary. Calyx 5-6-parted. Stamens 3, monadelphous. Glands 5-6. Ovary 3-celled, with two ovules in each cell. Styles 3, 2-cleft. Capsule globose, of three 1-celled, 2-seeded, 2-valved carpels. — Smooth herbs, with 2-ranked leaves and branches. Flowers small, greenish. 1. P. Carolinensis, Walt. Annual; branches erect-spreading; leaves oblong, oval, or obovate, entire, short-petioled ; flowers mostly by pairs, one sterile, the other fertile, on short nodding pedicels ; calyx 6-parted, the lobes oblong, obtuse, strongly 1-nerved, membranous on the margins ; capsule smooth; seed semicircular, 3-angled, striped with lines of minute raised points. — Low ground, Florida, and northward. Aug. -Sept. — Stem 8' -16' high. Leaves J'-l'long. 35 412 ITRTICACE^E. (NETTLE FAMILY.) with a single erect orthotropous ovule. Stigma simple or tufted. Ache- nium commonly enclosed in the dry persistent calyx. Embryo straight, in the axis of fleshy albumen. Synopsis. * Plants armed with stinging hairs. 1. URTICA. Stamens 4. Stigma tufted. Achenium straight. 2. LAPORTEA. Stamens 5. Stigma subulate. Achenium oblique. * * Plants destitute of stinging hairs. •«- Flowers in cymose clusters. 3. PILEA. Clusters naked. Calyx-lobes unequal. Leaves opposite. 4. PARIETARIA. Clusters involucrate. Calyx-lobes equal. Leaves alternate. •i- -t- Flowers in spiked clusters. 6- BCEHMERIA. Stigmas subulate, leaves opposite or alternate. 1. ITRTICA, Tourn. NETTLE. Flowers monoecious or dioecious. Calyx of the sterile flower 4-parted. Sta- mens 4, inserted around the abortive ovary. Calyx of the fertile flower 4-sepa- lous, unequal ; the inner ones dilated in fruit, and enclosing the achenium. Stigma sessile, tufted. Achenium straight, ovate, smooth, compressed. — Herbs, with stinging hairs, opposite leaves, and greenish flowers, in panicled spikes or close clusters. * Flowers in panicled or simple spikes, 1. IT. gracilis, Ait. Stem tall, 4-angled, smoothish, slender ; leaves long- petioled, ovate-lanceolate, coarsely serrate, acute, rounded at the base, 3-5- nerved, smoothish, the petioles bristly ; spikes very slender, loosely panicled. (U. procera, Willd.) — Low ground in the upper districts, and northward. July and Aug. 1\|. — Stem 3° - 4° high, mostly simple. Leaves thin, 4' -6' long. 2. U. dioica, L. Hispid throughout; stem 4-angled, pubescent above, branching ; leaves rather short-petioled, ovate, cordate, acuminate, coarsely ser- rate, pubescent beneath ; spikes much branched ; flowers often dioecious. — Waste places. In Carolina, Pursh. Introduced. June -Aug. 1J. — Stem 2°- 3° high. Leaves 3' -4' long, thicker than in No. 1, and flowers larger. 3. IT. capitata, Willd. Stem 4-angled, roughish ; leaves large, long- petioled, rough, oblong-ovate, slightly cordate, coarsely serrate, 3-nerved ; those on the branches alternate ; spike solitary, leafy at the summit. — Wet shaded places, North and South Carolina, Curtis, Elliott. July and Aug. — Stem 3° - 5° high. # * Flowers in simple clusters shorter than the petioles. 4. TJ. urens, L. Stem 4-angled, hairy ; leaves ovate, coarsely serrate, 5-nerved, hairy ; clusters by pairs in each axil, loose, peduncled. — Damp soil. Introduced. Dec. -Feb. (I) — Stem 1° high. 5. IT. Chamsedryoides, Pursh. Stem smooth ; leaves small, nearly ses- sile, ovate, coarsely serrate, hairy beneath, hairy and bristly above; clusters nearly sessile, globose, dense ; calyx hairy. — St. Simon's Island, Georgia, Elliott. Feb. and March. — Stem 4' - 6' high. URTICACE^E. (NETTLE FAMILY.) 413 2. LAPORTEA, Gaudich. Flowers monoecious or dioecious. Calyx of the sterile flowers 5-parted. Stamens 5, inserted around the abortive ovary. Calyx of the fertile flowers 4-sepalous, the 2 inner ones larger. Stigma subulate, hairy on one side. Achenium oblique, tubercular-roughened. — Herbs, with stinging hairs, alter- nate long-petioled serrate leaves, and minute flowers in spreading cymes. 1. L. Canadonsis, Gaudich. Stem hispid ; leaves ovate, acuminate, rounded or cordate at the base ; the veins and petioles hispid ; cymes very slender, single or by pairs, the upper mostly fertile, the lower sterile. (Urtica Canadensis and U. divaricata, L.) — Low shaded places, Florida, and north- ward. July and Aug. 1J. — Stem 2° - 4° high. 3. PILEA, Lindl. Flowers monoecious or dioecious. Calyx of the sterile flower 3 - 4-parted. Stamens 3-4. Calyx of the fertile flowers 3-lobed, the lobes unequal or nearly equal, commonly with an inflexed scale-like sterile stamen at the base of each. Stigma sessile, tufted. Achenium ovate, compressed, straight. — Low herbs, destitute of stinging hairs. Leaves opposite, long-petioled. Flowers in axillary cymose clusters. 1. P. pumila, Gray. Stem angular, simple, smooth, pellucid; leaves membranaceous, ovate or elliptical, acuminate, coarsely serrate, 3-nerved, slight- ly hairy above ; cymes much shorter than the petiole. (Urtica pumila, L.) — Wet shaded places, Florida, and northward. July- Sept. (£) — Stem 6' -12' high. Upper leaves 1'- 2' long, the lower not longer than the petiole. 2. P. herniarioides, Lindl. Stems erect or creeping, branched, tender, pellucid ; leaves small, round-obovate, entire, opaque, transversely marked on the upper surface with white raised lines ; clusters shorter than the petiole ; flowers minute. — Shaded moist places, Key West. November. — Stems 2' -4' long. Leaves l"-2" long, rather longer than the petiole. Achenium very minute, oblong, terete. 4. PARIETARIA, Tourn. PELLITORT. Flowers polygamous, in axillary cymose clusters, supported by a bract-like' involucre. Calyx of the sterile flowers 4 - 5-sepalous. Stamens 4-5, inserted around the abortive ovary. Calyx of the fertile flowers 4-parted. Stigma tufted. Ovary surrounded by four sterile, or sometimes perfect, stamens. Ache- nium ovoid. — Weak downy herbs, without stinging hairs. Leaves alternate, entire, long-petioled. Flowers minute, greenish. 1. P. Pennsylvania a, Muhl. Pubescent with straight hairs; stem sim- ple or sparingly branched; leaves thin, oblong-lanceolate, obtuse, roughened with minute elevated dots ; clusters dense ; flowers shorter than the involucre. — Shaded rocks in the upper districts. May - July. © — Stem 4' - 12' high. Leaves 6" -9" long. 414 CANNABINACEJS. (HEMP FAMILY.) 2. P. debilis, Forst. Pubescent with straight and hooked hairs inter- mixed; stem much branched, pellucid; leaves ovate, mostly acuminate, but obtuse, roughened with elevated dots ; clusters loose, spreading ; flowers as long as the involucre. (P. Floridana, Nutt.) — Damp shaded sandy soil near the coast, Florida to North Carolina. June -Aug. (f) — - Stem \|°- l£° long. Leaves 6" - 9" long, about the length of the slender petiole. 5. BCEHMEBIA, Jacq. FALSE-NETTLE. Flowers monoecious or dioecious, in spiked clusters. Calyx of the sterile flowers 4 - 5-cleft. Stamens 4-5. Calyx of the fertile flowers tubular, 4 - 5 toothed or entire. Stigma subulate, hairy. Achenium elliptical, enclosed in the persistent calyx. — Hough herbs with alternate or opposite petiolcd leaves. 1. B. cylindrica, Willd. Pubescent and rough with straight and hooked hairs ; leaves opposite and alternate, ovate and ovate-lanceolate, acuminate, ser- rate, rounded and 3-nerved at the base, on long or short petioles ; spikes axil- lary, mostly leafy at the summit, the fertile ones compactly flowered, short ; the sterile interrupted, and sometimes longer than the leaves. (B. lateriflora, Muhl.) — Swampy thickets, Florida, and northward. July- Sept. )J. — Stem l°-3° high, mostly simple. Leaves 2f-5' long. ORDER 123. CANNABINACE^E. (HEMP FAMILY.) Erect or twining herbs, with opposite incised or lobed and stipulate leaves, and dioecious flowers. Sterile flowers racemose or panicled. Ca- lyx 5-sepalous. Stamens 5, opposite the sepals, not inflexed in the bud. Fertile flowers in bracted spikes. Calyx 1-leaved, embracing the 1-celled ovary. Ovule solitary, erect. Stigmas 2, subulate, pubescent. Fruit in- dehiscent. Albumen none. Embryo coiled or curved. 1. HTJMULUS, L. HOP. Sterile flowers panicled. Fertile flowers in short axillary and solitary spikes. Bracts leafy, imbricated, 2-flowered, forming in fruit a membranaceous cone. Calyx enlarged in fruit. Embryo spirally coiled. — A rough perennial twining herb, with cordate 3-5-lobed leaves, and greenish-yellow flowers. 1. H. Lupulus, L. — Low grounds along the mountains, Georgia, and northward. June and July. — Stem 6° -10° high. Leaves petioled, serrate. Achenium covered with resinous yellowish odorous grains. ORDER 124. MORACE^3. (MULBERRY FAMILY.) Trees or shrubs, with milky juice, alternate leaves, with large decidu- is stipules, and monoecious or dioecious flowers, crowded in spikes or MORACE^E. (MULBERRY FAMILY.) 415 heads, or enclosed in the fleshy receptacle. — Calyx of the sterile flowers 3 — 4-lobed. Stamens 3-4, inserted on the base of the calyx. Filaments inflexed in the bud, elastic. Calyx of the fertile flowers 3 - 5-sepalous. Ovary 1 - 2-celled, 1 - 2-ovuled. Styles 2. Achenium 1-seeded. Embryo curved, in fleshy albumen. 1. MOBUS, Tourn. MULBERRY. Flowers monoecious, spiked ; the sterile and fertile flowers in separate spikes. Calyx 4-parted. Stamens 4. Ovary 2-celled. Styles filiform. Achenium ovate, compressed, covered by the succulent berry-like calyx. — Trees, with rounded leaves, and axillary spikes. 1. M. rubra, L. Leaves cordate-ovate, acuminate, serrate, petioled, rough above, white tomentose beneath, on young shoots 3 - 5-lobed ; stipules linear ; sterile spikes slender, drooping ; the fertile ones ovoid or oblong, resembling a blackberry in fruit. — Rich woods, Florida, and northward. March. — A small tree. 2. M. alba, L. Leaves cordate-ovate, acute, serrate, oblique at the base, smooth and shining, sometimes lobed ; fruit whitish. — Around dwellings. In- troduced.— A small tree. 2. FICTJS, Tourn. FIG. Flowers monoecious or dioecious, lining the inside of the fleshy closed recep- tacle. Calyx of the sterile flowers 3-parted. Stamens 3. Calyx of the fertile flowers 5-cleft, pedicelled. Styles lateral, slender. Achenium fragile. Embryo hooked. — Trees or shrubs, with entire or lobed leaves, and large convolute stip- ules. Flowers axillary. 1. F. aurea, Nutt. Branches pale, smooth, furrowed; leaves smooth, coriaceous, oblong, entire, narrowed but obtuse at each end, stout-petiolcd ; re- ceptacle orange-yellow, globose, bracted, on short and thick pedicels. — South Florida. — A small tree. Leaves 3' - 4' long. Fruit about 4" in diameter. 2. F. pedunculata, Willd. Branches terete, uneven; leaves ovate or oval, coriaceous, entire, smooth, obtuse, rounded or slightly cordate at the base, slender-petioled ; receptacle yellowish, globose or obovate, slightly bracted, as long as the slender pedicels. — South Florida. — Tree 20° -40° high, multiply- ing by means of aerial roots. Leaves 2' - 2^' long, 1\|' wide. Receptacle rather smaller than in No. 1. 3. F. brevifolia, Nutt. Branches smooth; leaves cordate-ovate, entire, obtuse, smooth, on short petioles ; receptacle purplish-red, depressed-globose, single, short-peduncled, with 2-cleft bracts. — South Florida, Dr. Blodyett. — A small tree. Leaves 2' long, with impressed veins. F. CARICA, L., is the commonly cultivated FIG. BROUSSONETIA PAPTRIFERA, Vent., the PAPER MULBERRY of our yards, belongs to this family. 416 ULMACE.E. (ELM FAMILY.) ORDER 125. ULMACEJE. (ELM FAMILY.) Trees, with watery juice, alternate undivided stipulate leaves, and per- fect or polygamous apetalous flowers. — Calyx 4 - 9-lobed. Stamens 4-9, inserted on the base of the calyx, erect in the bud. Ovary 1 - 2-celled. Ovules solitary, suspended. Styles 2, spreading. Fruit membranaceous or drupaceous. Embryo straight or curved, without albumen. Cotyle- dons leafy. Synopsis. * Fruit dry. Anthers extrorse. 1. TJLMUS. Flowers perfect. Ovary 2-celled. Fruit winged. 2. PLANERA. Flowers polygamous. Ovary 1-celled. Fruit wingless. * * Fruit a drupe. Anthers introrse. 8. CELTIS. Flowers polygamous. Ovary 1-celled. Cotyledons curved. 1. ULMUS, L. ELM. Flowers perfect. Calyx bell-shaped, 4 - 9-cleft. Stamens 4-9, slender, ex- serted : anthers extrorse. Ovary 2-celled. Styles short. Fruit 1-celled, 1 -seeded, surrounded by a broad membranaceous wing. Embryo straight. — Trees. Leaves short-petioled, mostly oblique, doubly serrate, straight- veined. Stipules deciduous. Flowers greenish or purplish, clustered, appearing before the leaves. 1. U. fulva, Michx. (SLIPPERY ELM.) Branchlets pubescent; leaves thick, ovate-oblong, acuminate, broadly serrate, slightly oblique at the base, very rough above, pubescent beneath ; calyx and short pedicels pubescent ; fruit orbicular, pubescent on the sides, smooth on the margins, with the obtuse teeth erect ; expanding buds rusty-tomentose. — Rich woods, West Florida, and north- ward. Feb. and March. — A small tree. Leaves 4' -8' long. Fruit 8" -9" wide. Inner bark very mucilaginous. 2. TJ. Moridana, n. sp. Branchlets smooth ; leaves thick, oblong-ovate, acute or slightly acuminate, broadly serrate, oblique at the base, smooth above, more or less pubescent beneath ; pedicels very slender, somewhat racemose, and, like the calyx, smooth ; fruit orbicular, fringed on the margins, with the short and broad teeth erect. — Banks of the Chipola River, at Marianna, "West Florida, Feb. and March. — A tree 30° - 40° high, with brittle branches. Leaves 3' - 4' long. Fruit 2" -3" in diameter. Bud-scales downy on the margins. 3. TJ. Americana, L. (ELM.) Branchlets and buds smooth; leaves thin, obovate-oblong, or oval, oblique at the base, sharply serrate, abruptly acu- minate, smooth above, pubescent, or at length smooth beneath ; pedicels clustered, slender, smooth, like the calyx ; fruit oval or obovate, downy on the margins, with the sharp teeth connivent. — Low grounds, Florida, and northward. Feb. and March. — A large tree, with spreading branches. Leaves 2' -4' long. Fruit 6" long. Var. ? aspera. Leaves larger (3' -6') on shorter petioles, oval-oblong, acu- minate, very oblique or half-cordate at the base, very rough above, pubescent PLATANACE^E. (PLANE-TREE FAMILY.) 417 beneath ; pedicels and calyx smaller. — Swamps of the Apalachicola River, Florida. Jan. and Feb. — A small tree. 4. TJ. alata, Michx. (WHAHOO.) Branches corky-winged ; leaves small, ovate-lanceolate, acute, sharply serrate, commonly even and rounded at the base, rough above, pubescent beneath, nearly sessile , flowers clustered, on slender pedicels ; fruit oval, downy on the margins. — Rich soil, Florida to North Car- olina. — A small tree. Leaves 1'- 1£' long. 2. PLANERA, Gmel. PLANER-TREE. Flowers polygamous, clustered. Calyx bell-shaped, 4 - 5-cleft. Stamens 4 - 5 : anthers extrorse. Ovary 1-celled. Styles short. Fruit nut-like, coriaceous, wingless. Embryo straight, without albumen. — Small trees, with the foliage of the Elm. 1. P. aquatica, Gmel. Leaves ovate, short-petioled, acute, serrate, rough- ish ; flowers in small roundish clusters, appearing before the leaves ; nut ovate, covered with warty scales. — River-swamps, Florida to North Carolina. Feb. and March. — A tree 20° - 30° high. Leaves 1 ' - U' long. 3. CELTIS, Tourn. NETTLE-TREE. Flowers perfect or polygamous, apetalous. Calyx of five sepals. Stamens 5 : anthers introrse. Ovary 1-celled. Styles 2, slender, pubescent. Drupe globose. Embryo curved around scanty gelatinous albumen. Cotyledons wrinkled. — Trees Leaves petioled, commonly oblique at the base. Flowers axillary, soli- tary, or few in a cluster, greenish. ' 1. C. OCCidentalis, L. Young leaves and branchlets silky; leaves (2' long) ovate, acuminate, sharply serrate, abruptly contracted at the base, soon smooth, ferrugineous beneath ; fertile flowers mostly solitary, on drooping pe- duncles ; the sterile ones 2 - 4 in a cluster ; drupe dark purple, with a thin sweet pulp. — Rich soil, Georgia, and northward. March. — A tree 40° - 60° high. — Var. INTEGRIFOLIA. (C. intcgrifolia, Nutt.) Leaves ovate or ovate-lanceolate (2' -3' long), acuminate, entire, rounded, or the lower ones cordate at the base, roughened with miuute elevated points. — Sandy soil, Apalachicola, Florida (perhaps introduced), and westward. — A small tree. Branches and leaves 2-ranked. — Var. PUMILA. (C. pumila, Pursh.) Shrubby; leaves (l'-l£' long) ovate, acute, serrate, obtuse at the base, pale beneath, very rough above ; drupe glaucous. — Shady woods, Florida to North Carolina. March and April. —Stem 5° -10° high. ORDER 126. PLATANACE^. (PLANE-TREE FAMILY.) Large trees, with alternate palmately-lobed petioled stipulate leaves, and monoecious flowers, in axillary long-peduncled globose heads. — Calyx and corolla none. Anthers on short club-shaped filaments, numerous, 418 JUGLANDACE^E. (WALNUT FAMILY.) 2-celled, adnate to the truncated connective. Ovaries numerous, obconi- cal, hairy at the base. Ovules 1-2, orthotropous, pendulous. Style sub- ulate. Nut 1-seeded. Seed cylindrical. Embryo in the axis of scarce fleshy albumen. — Flowers intermixed with copious club-shaped scales. — Consisting of the single genus. 1. PLATANUS, L. PLANE-TREE. SYCAMORE. 1. P. OCCidentalis, L. — Leaves (4' -9' wide) round-cordate, angularly lobed and toothed, covered when young with dense whitish down, soon smooth ; stipules toothed ; heads pendulous (8" -12" in diameter). — River-banks, Flor- ida, and northward. March and April. — A large tree, with the white bark separating in thin plates. ORDER 127. JUGLANDACE^J. (WALNUT FAMILY.) Trees, with alternate odd-pinnate exstipulate leaves and monoecious apetalous or minutely petalled flowers. Sterile flowers in pendulous aments. Calyx 2 - 6-parted, the stamens few or numerous. Fertile flow- ers single or clustered. Calyx 3 - 5-parted, the tube adherent to the incompletely 2 - 4-celled ovary. Fruit drupaceous, with a bony endocarp. Seed 4-lobed, without albumen, orthotropous. Cotyledons oily, 2-lobed. Radicle short, superior. 1. CABYA, Nutt. HICKORY. PIGNUT. Aments of the sterile flowers mostly three together, on a common peduncle, lateral. Calyx unequally 3-parted. JStamens 3-6. Fertile flowers terminal. Calyx 4-parted. Petals none. Stigma large, 4-lobed. Nut smooth, 4 - 6-angled, incompletely 4-celled; the coriaceous epicarp (husk) partly or completely 4-valved. — Trees, mostly with scaly buds. Leaflets serrate. Fruit roundish. Epicarp very thick, 4-valved : seed thick, edible. 1. O. alba, Nutt. (SHELL-BARK HICKORY.) Leaflets 5-7 (mostly 5), lanceolate-oblong, or the upper ones obovate-oblong, acuminate, pubescent be- neath ; fruit depressed-globose ; nut roundish, thin-shelled, compressed, 4-angled, slightly pointed. — Rich woods in the upper districts, Georgia, and northward. March and April. — A large tree, with shaggy and scaly bark. 2. C. sulcata, Nutt. Leaflets 7-9, obovate-oblong, acuminate, pubescent beneath; fruit oval, 4-angled above; nut oblong, thick-shelled, conspicuously pointed, slightly compressed. — Rich woods in the upper districts of Carolina, Elliott, and northward. March and April. — A large tree, with scaly bark. 3. C. oliv8Bformis, Nutt. (PECAN-NUT.) Leaflets 13-15, lanceolate- oblong, serrate falcate, acuminate ; nut olive-shaped, smooth, thin-shelled, some- what 4-angled. — River-bottoms, Mississippi, northward and westward. — A large tree with smoothish bark. JUGLANDACE^E. ( WALNUT FAMILY.) 419 * * Eplcarp partly 4-valved: seed thin : bark not scaly. 4. C. tomentosa, Nutt. (HICKORY.) Leaflets 7-9 (mostly 7), large, oblong-obovate, acute, pubescent beneath ; sterile aments tomentose ; fruit large, globose ; epicarp thick, coriaceous, parted nearly to the base ; nut thick-shelled, oval, somewhat 6-angled. — Rich soil, Florida, and northward. March and April. — A large tree with rough bark. 5. C. glabra, Torr. (PIG-NUT.) Leaflets 5-7 (mostly 7), ovate-lanceo- late, acuminate, smooth ; fruit obovate, obcordate,, or pear-shaped ; epicarp thin, parted to the middle, coriaceous ; nut thick-shelled, sometimes angled. (C. por- cina, Nutt.) — Woods, Florida, and northward. March and April. — A large tree with smoothish bark. 6. C. microcarpa, Nutt. Leaflets 5-7, oblong-lanceolate, smooth, glan- dular beneath, acuminate ; aments smooth ; fruit roundish ; epicarp thin ; nut thin-shelled, slightly 4-angled. — Mountains of North Carolina, and northward. April and May. — A large tree. Fruit f ' in diameter. 7. C. myristicseformis, Michx. " Leaflets 5, ovate-lanceolate, acumi- nate, smooth, the terminal one sessile ; fruit oval, rugose, rough ; nut oval, slightly acuminate, furrowed, very hard." — South Carolina, at Goose Creek, Michaux. 'Berkeley District, Ravenel. Nuts resembling nutmegs. 8. C. amara, Nutt. (BITTER-NUT.) Leaflets 9-11, oblong-lanceolate, acute, smoothish ; fruit globular ; epicarp thin, parted to the middle ; nut thin- shelled, obcordate ; seed much wrinkled. — Low ground, Florida, and north- ward. March and April. — A tree of moderate dimensions, with smooth bark, and very bitter and astringent seeds. 9. C. aquatica, Nutt. Leaflets 9 - 13, lanceolate, acuminate, slightly ser- rate, smooth ; fruit roundish, 4-ribbed ; epicarp thin, 4-parted to the base ; nut compressed, thin-shelled, 4-angled ; seed much wrinkled. — River-swamps, Flor- ida to South Carolina. March and April. — A small tree with rough bark. Seeds very bitter and astringent. 2. JUGLANS, L. WALNUT. BUTTERNUT. Sterile aments lateral, solitary. Calyx 5-6-parted. Stamens numerous. Fertile flowers terminal. Calyx 4-cleft. Petals 4, minute. Stigmas 2, long, recurved. Fruit oblong or globose. Epicarp indehiscent. Nut incompletely 4-celled, furrowed or sculptured. — Trees with naked buds. Leaflets serrate. 1. J. nigra, L. (BLACK WALNUT.) Leaflets 11-21, ovate-lanceolate, pubescent beneath, acuminate, slightly cordate at the base, or oblique ; fruit globose, rough-dotted ; nut furrowed. — Rich woods, Florida, and northward. March and April. — A tree 30° -50° high. 2. J. cinerea, L. (BUTTERNUT.) Leaflets 15-19, ovate-lanceolate, acute, rounded at the base, pubescent ; the petioles, fruit, &c. viscid ; fruit oblong ; nut deeply sculptured, acute. — Rocky woods in the upper districts. March and April'. — A tree 30° - 40° high. 420 cuptJLiFERuE. (OAK FAMILY.) ORDER 128. CUPUt-IFER^E. (OAK FAMILY.) Trees or shrubs, with alternate entire or lobed straight-veined stipulate leaves, and monoecious apetalous flowers. Sterile flowers in pendulous slender or capitate aments. Calyx scale-like, or regular and 4 - 6-lobed. Stamens few. Fertile flowers single or clustered, furnished with an invo- lucre which encloses the fruit, or forms a cup at its base. Ovary 2-7- celled, with 1-2 pendulous anatropous ovules in each cell. Stigmas as many as the cells. Fruit 1-celled, 1-seeded. Albumen none. Cotyle- dons thick and fleshy. Radicle superior. Synopsis. * Fertile flowers single, or few in a cluster. 1. QUERCUS. Nut solitary, with the base enclosed in a scaly involucre. 2. CASTANEA. Nuts 1-3, enclosed in a 4-valved spiny involucre ; sterile aments elongated, erect. 3. FAGUS. Nuts 2, 3-angled, enclosed in a somewhat spiny 4-valved involucre : sterile aments capitate, pendulous. 4. CORYLUS. Nut solitary, bony, enclosed in a leafy lacerated involucre. * * Fertile flowers spiked. 5. CARPINUS. Nuts 1 - 2, in the axil of an open leafy involucre. 6. OSTRYA. Nut solitary, enclosed in a membranaceous inflated involucre. 1. QUERCUS, L. OAK. Sterile ament slender, bractless, pendulous. Calyx unequally 6 - 8-parted. Stamens 6-12, slender : anthers 2-celled. Fertile flowers axillary, solitary, or few in a cluster. Calyx 6-cleft or denticulate, adnate to the 3 - 4-celled ovary. Ovules 2 in each cell. Stigmas obtuse. Nut (Acorn) oblong or hemispherical, partly (rarely wholly) enclosed in the cup-shaped scaly involucre. Cotyledons very thick, plano-convex. — Trees or shrubs, with simple entire or lobed leaves. Stipules caducous. § 1. Fruit biennial. t * Leaves entire, short-petioled ; those on vigorous shoots often lobed or toothed. 1. Q. Phellos, L. (WILLOW-OAK.) Leaves (2' -3' long) lanceolate or linear-lanceolate, bristle-awned, scurfy, like the branchlets, when young, becom- ing smooth on both sides ; fruit small, sessile ; cup flattish, enclosing the base of the hemispherical nut. — Margins of swamps and streams, Florida to Missis- sippi, and northward. — A slender tree, 40° - 50° high. Var. laurifolia. (Q. laurifolia, Michx.) Leaves larger (3' -4' long), oblong-lanceolate; cup deeper and more pointed at the base. — Light uplands, Florida to North Carolina. — A tree commonly larger than the preceding. Var. arenaria. (Q. myrtifolia, Willd. ?) Shrubby (4° - 8° high) ; leaves small (£'- 1£' long), rigid, oblong or obovate, obtuse or barely pointed, with the margins revolute. — Dry sand ridges, along the coast of Florida and Georgia. 2. Q. imbricaria, Michx. (SHINGLE-OAK.) Leaves lanceolate-oblong, acute or obtuse at each end, mucronate, pale and downy beneath, deciduous ; CUPULIFERuE. (OAK FAMILY.) 421 fruit middle-sized ; cup narrowed at the base, enclosing one half or one third of the nearly hemispherical nut, the broad and whitish scales closely appressed. — Mountains of North Carolina, and northward. — A tree 40° - 50° high. Leaves 3' - 5' long. > 3. Q. cinerea, Michx. (HIGH-GROUND WILLOW-OAK.) Leaves peren- nial, oblong-lanceolate, obtuse or acute, mucronate, white tomentose beneath ; fruit small, sessile ; cup shallow, narrowed at the base, pale, enclosing one third of the hemispherical nut. — Dry sandy pine barrens, Florida to North Carolina. — A small tree, fruiting abundantly. Leaves 2' - 3' long, scurfy, like the branchlets, when young. Var. pumila, Michx. (Q. pumila, Walt.) Shrubby (l°-3° high); branches slender; leaves lanceolate, wavy, at length smooth on both surfaces. — Flat or dry pine barrens, Florida to North Carolina. — Roots creeping. 4. Q. virens, Ait. (Live OAK.) Branchlets tomentose; leaves coria- ceous, perennial, oblong, obtuse, somewhat rugose, smooth and shining above, hoary-tomentose beneath, the margins revolute ; fruit long-peduncled ; cup top- shaped, hoary, enclosing the base of the oblong chestnut-brown nut. — Dry or wet soil, in the lower districts, Florida to North Carolina. — Commonly a large tree with spreading branches. Leaves 2' -4' long. Var. maritima. (Q maritima, Willd.} Shrubby (4° -10° high) ; leaves smooth, lanceolate, concave, mostly acute ; fruit larger. — Sand ridges along the coast, Florida to South Carolina. Var. dentata. (Q. nana, Willd.) Dwarf (1°- 2° high) ; earliest leaves flat, wedge-obovate or obovate-oblong, mucronate, toothed, at length smooth, the others lanceolate and entire ; fruit sessile or short-peduncled, often clustered. — Flat pine barrens, Florida. — Leaves nearly sessile. * Leaves 3-lobed at the summit, bristle-awned. ^ 5. Q. aquatica, Catesb. (WATER-OAK.) Leaves perennial, short-peti- oled, obovate-oblong or wedge-shaped, smooth on both sides, obtusely 3-lobed at the summit, often entire, or on young shoots pinnatifid-toothed or lobed, mostly awnless when old ; fruit small, mostly sessile ; cup shallow, flat, en- closing the base of the hemispherical downy nut. — Swamps and wet banks, Florida, and northward. — A small tree, with smooth bark. Leaves 2' -3' long, with tufts of down in the axils of the veins when young. Var. hybrida. Smooth, with ash-colored branchlets ; leaves oblong or wedge-oblong, entire, emarginate, or 3-lobed at the summit, tapering or abruptly contracted into a short petiole ; fruit very small, closely sessile ; cup shallow, flattened, enclosing the base of the ovate nut. — Rocky banks of Schurlock's Spring, West Florida, and of the Flint River at Albany, Georgia. — A lofty tree. Leaves 3' - 4' long. Fruit 4" - 5" long. 6. Q. nigra, L. (BLACK JACK.) Leaves short-petioled, coriaceous, broad- ly wedge-shaped, rounded at the base, mostly 3-lobed at the summit, bristle- awned, smooth above, rusty-pubescent beneath, deciduous ; fruit middle-sized, on short and thick peduncles ; cup top-shaped, with coarse truncate scales, enclosing one third or one half of the oblong-ovate nut. (Q. ferruginea, Michx.) 422 CUPDLIFEILS:. (OAK FAMILY.) — Dry gravelly or sandy soil, Florida to Mississippi, and northward. — A small tree. Leaves 4' - 9' long. Intermediate forms between this and No. 7 are not uncommon. * * * Leaves long-petioled, sinuate-pinnatijid, bristle-awned, deciduous. •f- Leaves smooth or nearly so. ^ 7. Q. Catesbsei, Michx. (TURKEY-OAK.) Leaves somewhat coriaceous, broad, narrowed into a short petiole, deeply pinnatifid ; the lobes very acute from a broad base, spreading, mostly falcate and entire ; fruit rather large, short- peduncled ; cup thick, turbinate, with broad obtuse scales, enclosing half of the ovoid nut; the upper scales inflexed and lining the inner edge of the cup. — Dry pine barrens, Florida to North Carolina. — A small tree. Leaves G'-9' long. 8. Q. tinctoria, Bartr. (BLACK OAK.) Leaves obovate-oblong, with deep or shallow open sinuses, and about 6 sharply-toothed lobes, obtuse or trun- cate at the base, pubescent when young, at length only in the axils of the veins beneath ; cup top-shaped, with broad scales, enclosing about half of the round- ish depressed nut. (Q. discolor, A it.) — Dry woods, chiefly in the upper dis- tricts, and northward. — A large tree, with the outer bark dark-brown, the inner thick and yellow. Leaves turning light-brown after frost. Nuts 6" - 8" long. ^/ 9. Q. coccinea, "Wang. (SCARLET OAK.) Leaves long-petioled, oval or oblong, with deep and broad sinuses, and 6-8 entire or sparingly toothed lobes, truncate at the base, smooth and shining on both sides ; cup top-shaped, with coarse scales, enclosing one half or one third of the ovoid nut. — Dry woods, Florida, and northward ; more abundant in the upper districts. — A large tree, not easily distinguished from the preceding, and probably only a form of it. Leaves turning bright scarlet after frost. * 10. Q. rubra, L. (RED OAK.) Leaves oblong, with open shallow sinuses, and 8-12 entire or sharply toothed lobes, smooth on both sides, paler beneath ; fruit large, cup shallow, flat, with fine scales, enclosing the base of the ovate or oblong nut. — Rocky woods, Florida, and northward. — A large tree. Leaves turning dark red after frost Nut 1' long. 11. Q. Georgiana, M. A. Curtis. Shrubby; leaves small, very smooth, somewhat obovate, wedge-shaped at the base, with deep or shallow open sinuses, and 3-5 triangular-lanceolate entire acute or obtuse lobes ; fruit short-pedun- cled ; cup smooth and shining, saucer-shaped, enclosing one third of the oval- globose nut. — Stone Mountain, Georgia, Ravenel. — Shrub 6° - 8° high, grow- ing in clusters. Leaves 3' -4' long. Fruit abundant. Nut £' long. -- -t- Leaves tomentose beneath. 12. Q. falcata, Michx. (SPANISH OAK.) Leaves oblong, rounded at the base, 3 - 5-lobed ; the lobes entire or sparingly toothed at the apex, the terminal one commonly narrow and elongated; fruit rather small; cup somewhat top- shaped, with coarse scales, enclosing half of the globular nut. — Var. FAGODJE- FOLIA, Ell., has larger leaves, with 11-13 nearly opposite and spreading lobes. — Dry woods, Florida, and northward. — A large tree. Leaves 4' -5' long, entire near the base. Nut £' long. CUPUHFERJE. (OAK FAMILY.) 423 13. Q. ilicifolia, Wang. (BEAR-OAK.) Shrubby ; leaves obovatc, with 3-5 angular or short and broad mostly entire lobes, acute at the base, white- tomentose, like the branchlets, when young, at length smooth and dark green above ; fruit short-pedunclcd ; cup shallow, saucer-shaped, with coarse scales, enclosing about one third of the ovate nut. (Q. Banisteri, Michx.) — Barren soil in the upper districts, Georgia, and northward. — A shrub 3° - 4° high. Leaves 3' - 5' long. Fruit abundant. § 2. Fruit annual: leaves awnless, deciduous. # Leaves sinuate-lobed. ^ 14. Q. obtusiloba, Michx. (POST-OAK.) Leaves with 5-7 broad rounded or notched lobes separated by wide open sinuses, narrowed at the base into a short petiole, pubescent beneath ; cup hemispherical, enclosing one third or one half of the oval nut. — Cold clayey soil, Florida, and northward. — A tree 40° - 50° high. Nut £' long. Leaves 4' - 6' long. ^ Var. parvifolia. Leaves smaller (!£' -3' long), oblong, obtuse, entire or sinuate-toothed, nearly smooth on both sides, rusty-pubescent, like the branchlets, when young ; nut larger. — Sand-ridges near the coast, West Florida. — A shrub or small tree. 15. Q. alba, L. (WHITE OAK.) Leaves oblong or obovate-oblong, with 7-9 mostly obtuse and entire narrow lobes separated by narrow sinuses, nar- rowed into a petiole, densely tomentose, like the branchlets, when young, at length smooth or glaucous beneath ; fruit large, nearly sessile ; cup hemispheri- cal, enclosing one third of the oblong-ovate nut. — Damp woods, Florida to Mississippi, and northward. — A large tree with white bark. Leaves 4' - 6' long. Nut about 1' long. 16. Q. macrocarpa, Michx. (MOSSY-CUP OAK.) Leaves thin, obovate- oblong, pubescent or pale beneath, acute at the base, short-petioled, slightly or strongly few -many-lobed ; the lobes rounded, entire or obtusely toothed ; fruit large ; scales of the cup thick, the upper ones produced into long awns ; nut ovoid, included, or half enclosed in the cup. — Woods and river-banks, North Carolina, and northward. — A middle-sized tree. Leaves 6' -15' long. Nut I'-lJ'long. 17. Q. lyrata, Walt. (OVER-CUP OAK.) Leaves crowded at the end of the branchlets, obovate-oblong, acute at the base, 7-9-lobed, white-tomentose beneath, or at length smoothish, shining above, the lobes triangular, acute, and entire ; fruit sessile : cup round-ovate, with rugged scales, almost covering the roundish nut. — River-swamps, Florida to North Carolina. — A large tree. Leaves 5'- 8' long, short-petioled. Fruit 1' long. * Leaves toothed. 18. Q. Prinus, L. (SWAMP CHESTNUT-OAK.) Leaves oblong or obo- vate-oblong, obtuse, with rounded teeth, smooth and shining above, pale and pubescent beneath, acute at the base, short-petioled ; fruit large, short-peduncled ; cup hemispherical, rugged with tubercular scales, enclosing the base of the roundish or oblong-ovate nut. — Low grounds, Florida to Mississippi, and north- ward. — A large tree. Nut about 1' long. 424 CUPULIFERJE. (OAK FAMILY.) ^ Var. monticola, Michx. (RocK CHESTNUT-OAK.) (Q. montana, Wittd.) A smaller tree (30° -40° high), with more compact and durable wood; fruit smaller; nut oblong. — Rocky woods along the mountains. ^ Var. Michauxii. (Q. Michauxii, Nutt.) Leaves smaller (4' -5' long), rather rigid, velvety beneath, often obtuse or slightly cordate at the base ; nut ovate (!£' long). — Low ground, Florida to South Carolina. — A large tree. , Var. discolor, Michx. Leaves obovate, acute at the base, coarsely and obtusely toothed or somewhat lobed, dark-green above, white-tomentose beneath ; fruit long-peduncled, tubercular, hemispherical; nut oblong-ovate (!' long). (Q. bicolor, Willd.) — Swamps along the mountains. — A large tree. 19. Q. Castanea, "VVilld. (CHESTNUT-OAK.) Leaves oblong, varying to lanceolate, acuminate, sharply toothed, with the points incurved, mostly acute at the base, smooth above, paler and minutely pubescent or glaucous beneath ; fruit small, sessile or short-peduncled ; cup hemispherical, with flat scales, en- closing one third of the oblong nut. — Rocky woods, West Florida to Missis- sippi, and northward. — A large or middle-sized tree. Leaves 3' - 6' long. Nut 7" -9" long. 20. Q. prinoides, Willd. (CHINQUAPIN-OAK.) Shrubby ; leaves lance- olate-oblong, acute at each end, acutely toothed, smooth above, white-tomentose beneath ; fruit small, mostly sessile ; cup hemispherical, with flat scales, enclos- ing about one half of the round-ovate nut. (Q. Chinquapin, PwrsA.) — Barren soil in the upper districts, and northward. — Shrub 2° - 6° high. Leaves 3> -4' long. Nut 8" -9" long. 2. CASTANEA, Tourn. CHESTNUT. Sterile flowers in separate clusters, in long erect cylindrical aments. Calyx 5-6-parted. Stamens 8-15: anthers 2-celled. Fertile flowers 1 - 3, enclosed in the bell-shaped, at length globose, 4-valved and very prickly involucre. Calyx 5-6-lobed, superior. Abortive stamens 5-12. Ovary 3-6-celled. Ovules single or by pairs in each cell. Stigmas 3-6, bristle-like, spreading. Nuts 1-3, roundish, compressed, or plano-convex. Cotyledons very thick. — Trees or shrubs, with oblong petioled sharply-serrate straight- veined leaves. 1. C. vesca, L. (CHESTNUT.) Leaves oblong-lanceolate, acuminate, coarsely serrate, smooth on both sides ; nuts mostly 3, the middle one flattened, the 2 outer ones plano-convex, dark brown. — Dry woods, "West Florida, and northward. April. — A large tree. Leaves 6' -7' long. 2. C. pumila, Michx. (CHINQUAPIN.) Leaves oblong, acute, or obtuse, finely serrate, hoary-tomentose beneath; nuts solitary, nearly globular. (C' nana, Muhl., a form with larger leaves and nuts.) — Dry sandy soil, Florida, and north- ward. April - May. — A large shrub or small tree. Leaves, involucre, and nut smaller than those of the preceding. 3. PAGUS, Tourn. BEECH. Sterile flowers capitate, on long and drooping peduncles, with deciduous bracts. Calyx bell-shaped, 5 - 6-cleft. Stamens 8 - 12 : anthers 2-celled. Fertile flow- CUPULIFER^E. (OAK FAMILY.) 425 ers solitary or by pairs, peduncled, surrounded with numerous linear bracts and a 4-lobcd involucre. Calyx of 4 - 5 subulate lobes. Ovary 3-cclled, with two ovules in each cell. Styles 3, filiform. Nuts commonly 2, acutely 3-angled, en- closed in the soft-spiny 4-valvcd involucre. Cotyledons thick and fleshy. — Trees, with whitish bark, and straight-veined leaves expanding with the flowers. 1. P. ferruginea, Ait. Leaves oblong-ovate or rhombic, acute, finely serrate, silky on both sides when young, when old only on the veins beneath ; spines of the involucre short, recurved. — Damp sandy soil, Florida, and north- ward. April. — A large tree, with widely spreading branches. 4. CORYLUS, Tourn. HAZEL-NUT. Sterile flowers in cylindrical pendulous bracted aments. Calyx 2-cleft, partly united with the bract. Stamens 8 : anthers 1 -celled. Fertile flowers clustered. Ovary 2-celled, 2-ovuled. Stigmas 2, filiform. Involucre tubular at the base, leafy and lacerated at the summit, enclosing a single bony (edible) nut. — Shrubs, with broadly cordate doubly serrate petioled leaves. Flowers appearing before the leaves. S* 1- C. Americana, Walt. (HAZEL-NUT.) Branchlets glandular; leaves round-cordate, coarsely serrate, acuminate, pubescent ; involucre roundish at the base, dilated and flattened above the nut, glandular hairy ; nut roundish, some- what flattened. — Rich soil along the margins of woods and thickets, "West Flor- ida, and northward. Feb. and March. — Shrub 5° - 6° high, tough and flexible. Leaves 4' - 6' long. - 2. C. rostrata, Ait. (BEAKED HAZEL-NUT.) Branchlets smooth ; leaves ovate or oblong-ovate, slightly cordate, acuminate, finely serrate, rather thin, pubescent ; involucre bristly, prolonged into a tube above the nut, 2-cleft and toothed at the summit ; fruit nearly globular. — Rich soil in the upper districts, and northward. March - April. — Shrub 4° - 6° high. 5. CAKPINTTS, L. HORNBEAM. Flowers destitute of floral envelopes, supported by scale-like bracts. Sterile flowers in drooping cylindrical aments. Stamens 8 - 14 : filaments short : an- thers 1 -celled, hairy at the apex. Fertile flowers spiked. Bracts 2-flowered, deciduous. Ovary 2-celled, 2-ovuled. Stigmas 2, filiform. Nut solitary, an- gular, sessile in the axil of an open 3-lobed leaf-like involucre. — Trees, with simple ovate or oblong straight-veined deciduous leaves, folded in the bud. Flowers expanding before the leaves. _, 1. C. Americana, Michx. (HORNBEAM.) Branchlets smooth and slen- der ; leaves oblong-ovate, acute or slightly acuminate, sharply and doubly ser- rate, rounded at tfie base, more or less pubescent. Fertile spikes terminal, long-peduncled, 6- 1 2-flowered ; involucre unequally 3-lobed, the middle lobe longer and serrate on one side ; nut small, ovate, compressed, 8-ribbed. — Rich woods, Florida, and northward. March. — A small tree, with hard and close- grained wood. 36* 426 MYRICACE^E. (WAX-MYRTLE FAMILY.) 6. OSTRYA, Micheli. HOP-HORNBEAM. Sterile flowers in drooping cylindrical aments, each in the axil of a scale-like bract, destitute of a calyx. Stamens with the filaments irregularly united. Fer- tile flowers in a short terminal crowded spike, each enclosed in a membranaceous involucre. Ovary 2-celled, 2-ovuled, bearded at the apex. Stigmas 2, filiform. Fruiting involucre inflated, nerved, hairy or bristly at the base, enclosing the solitary pointed nut. — Small trees, with ovate or oblong serrate short-petioled deciduous leaves. Flowers appearing with the leaves. 1. O. Virginica, Willd. (HOP-HORNBEAM.) Leaves ovate-oblong, sharp- ly and simply serrate, acuminate, rounded or slightly cordate at the base, pubes- cent ; fertile spike cone-like, short-peduncled ; the imbricated involucres oblong, mucronate, bristly at the base. — Rich woods, Florida, and northward. March. — A small tree, with hard and close-grained wood. ORDER 129. MYRICACE^. (WAX-MYRTLE FAMILY.) Chiefly shrubs, with simple alternate leaves, with or "without stipules, and monoecious or dioecious flowers, disposed in aments, destitute of calyx or corolla, each in the axil of a simple bract. Stamens 2 - 10 ; the short filaments free or partly united : anthers 2-celled. Ovary solitary, 1-celled, surrounded at the base with a row of scales. Ovule solitary, orthotropous or amphitropous. Involucre none. Stigmas 1-2, elongated. Fruit a dry 1 -seeded drupe. Albumen none. Cotyledons fleshy. Kadicle superior. Synopsis. * Seed orthotropous. Plants dotted with resinous glands. 1. MYRICA. Flowers dioecious. Filaments united below. Leaves serrate or entire. Stip- ules none. 2. COMPTONIA. Flowers monoecious. Filaments forking. Leaves pinnatifid. Stipules half-cordate. * * Seed amphitropous. Plant destitute of glands. 3. LEITNERIA. Flowers dioecious. Filaments distinct. Stigma solitary. Leaves entire. Stipules none. 1. MYRICA, L. WAX-MYRTLE. BAYBERRY. Flowers in short axillary aments, dioecious, each in the axil of a scale-like bract. Calyx and corolla none. Stamens 2-10, with the filaments united below. Ovary enclosed in a cup of 3 - 5 rounded scales. Ovule orthotropous. Stigmas 2 (rarely 4), flattened on the inner face, widely spreading. Nut glo- bose, covered with waxy grains. — Shrubs or small trees, dotted with minute resinous and odorous glands. Branches clustered. Leaves short-petioled, serrate or entire. Stipules none. 1. M. cerifera, L, (WAX-MYRTLE. BAYBERRY.) Branchlets pubescent ; leaves lanceolate or oblong-lanceolate, mostly obtuse, entire, or with a few sharp MYRICACE^E. (W AX-MYRTLE FAMILY.) 427 scrraturos near the apex, smooth, or pubescent on the veins beneath, tapering into a petiole ; sterile aments very numerous, oblong ; bracts wedge-shaped ; stamens 4 ; fertile aments small ; bracts rounded, obscurely 3-lobed ; scales of the ovary 4, ciliate ; stigmas 2 ; fruit abundant, white. — Margins of swamps, mostly near the coast, Florida, and northward. March and April. — A shrub or small tree. Leaves persistent along our southern limits, but northwardly deciduous, l£' - 4' long. Var. media, Michx. Branchlets smooth or hairy ; leaves larger, obovate- oblong, entire, or slightly serrate near the apex, mostly rounded or emarginate at the summit ; aments and nuts larger ; scales of the sterile flower roundish. : — Wet pine ban-ens. — Shrub 2° -4° high. Leaves mostly deciduous. Var. pumila, Michx. Low (l°-2° high), much branched; leaves smaller (^'-2' long), persistent, varying from wedge-obovate to wedge-lanceolate or linear-spatulate, coriaceous, obtuse, mostly toothed near the apex ; aments minute, ovoid, few-flowered. — Sandy pine barrens. 2. M. inodora, Bartr. Smooth ; leaves perennial, coriaceous, oblong, obtuse, very entire, tapering into a petiole, with the margins revolute ; sterile aments oval or oblong, with the roundish bracts transversely ridged on the back ; stamens about 10, monadelphous ; fertile aments small, elongated in fruit ; stigmas 2 or 4 ; scales of the ovary 5 ; nuts large, black, commonly soli- tary. — Margins of pine-barren ponds and swamps, Florida, common near the coast. Feb. - March. — A shrub or small tree, with whitish bark. Leaves about 2' long, sparingly dotted. Nuts ovoid, 3" long. 2. COMPTONIA, Solander. SWEET-FERN. Flowers monoacious. Sterile ament cylindrical, with kidney-shaped acumi- nate bracts. Stamens 3, forked. Fertile ament globular, bur-like. Ovary- surrounded by 5 - 6 long and slender persistent scales ; ovule orthotropous. Stigmas 2, spreading. Nut ovoid-oblong, smooth. — Low shrubs, with narrow pinnatifid leaves, and small semicordate stipules. 1. C. asplenifolia, Ait. Leaves thin, short-petioled, linear-lanceolate, with numerous rounded lobes, deciduous ; fertile aments at the base of the sterile, appearing before the leaves. — Dry woods, North Carolina, and north- ward. April. — Plant l°-2° high, aromatic when bruised. Leaves 3' -4' long, resembling those of a fern. 3. LEITNEBIA, N. Gen. Flowers in aments, dioecious, each in the axil of a scale-like bract. Calyx and corolla none. Sterile ament many-flowered, cylindrical, elongated ; bracts ovate, acuminate, imbricated, staminiferous at the base, hairy, the lower ones empty; stamens 5-10, free: anthers 2-celled, introrse. Fertile ament few- many-flowered, narrowly cylindrical, short, in fruit elongated ; bracts ovate, ap- proximate, at length scattered, the lower ones empty. Ovary ovoid, nearly smooth, with the base surrounded by a cup of 4 minute ovate toothed scales. Ovule solitary, amphitropous. Stigma solitary, thick, elongated, channelled. 428 BETULACEJE. (BIRCH FAMILY.) Drupe oblong, obtuse, narrowed at the base : epicarp thick, coriaceous, smooth : endocarp crustaceous. Albumen none. Embryo large, filling the cell. Coty- ledons oval, compressed. Kadicle superior. — A stout shrub, 2° - 6° high, with soft wood and smooth light-brown bark, without resinous dots. Branches short and thick, hoary-pubescent when young. Leaves oblong or obovate-oblong (4'- 6' long), acute at each end, entire, smooth and shining above, hoary-tomentose beneath, straight-veined, on long spreading or recurved hoary petioles, decidu- ous. Stipules none. Aments developed before the leaves, from tho axils of the preceding year, the sterile ones I'-ltf long, the fertile 6" -8" long. Drupe £' long, green, slightly curved. 1. L. Ploridana. — Salt or brackish marshes, Apalachicola, Florida. — Feb. and March. ORDER 130. BETTILACEJ3. (Bmcn FAMILY.) Trees or shrubs, with alternate simple straight-veined leaves, deciduous stipules, and monoecious amentaceous flowers, placed 2-3 together in the axil of a 3-lobed bract. Stamens 4 : filaments distinct. Ovary 2-celled, with a single suspended anatropous ovule in each cell. Stigmas 2, elon- gated. Fruit a winged or angled 1-celled 1-seeded nut, forming, with the imbricated persistent bracts, a cone-like spike. 1. BETULA, Tourn. BIRCH. Sterile aments drooping. Bracts 3-flowered, 2-bracteolate, peltate. Calyx scale-like. Stamens short : anthers 1-celled. Fertile aments oblong or cylin- drical. Bracts 3-flowered. Calyx none. Stigmas filiform. Nut broadly winged. Cotyledons oblong. — Trees or shrubs, with the outer bark often separable into thin papery sheets. Leaves petioled, sen-ate. Fruiting bracts membranaceous. 1. B. nigra, L. (BLACK BIRCH.) Leaves rhombic-ovate, acute, doubly serrate, smooth above, hoary-tomentose beneath, like the short petioles and branchlets, becoming rusty or smoothish ; sterile aments long and drooping ; the fertile ones oblong, short-peduncled, with the woolly bracts cleft into three linear-oblong nearly equal lobes. (B. rubra, Michx.) — Banks of rivers, Florida, and northward. March. — A middle-sized tree, with reddish-brown bark, and long spreading branches. 2. B. excelsa, Ait. (YELLOW BIRCH.) Leaves ovate or oblong-ovate, acuminate, unequally and doubly serrate, pubescent, like the branchlets, when young, at length smooth on both sides, on short pubescent petioles ; fruiting aments oval-oblong ; lobes of the bracts nearly equal, slightly spreading and hairy, acute. (B. lutea, Michx.} — Mountains of North Carolina, and north- ward. March and April. — A tree 40° - 60° high, with yellowish bark. Leaves 2' - 3' long. 3. B. lenta, L. (CHERRY BIRCH.) Branchlets smooth; leaves ovate or oblong-ovate, acute, cordate, finely and doubly serrate, silky when young, at SALICACEJE. (WILLOW FAMILY.) 429 length only on the petioles and veins beneath ; fruiting aments oblong ; lobes of the bracts widely spreading, acute, smooth. — Cool shady banks in the upper parts of Georgia, and northward. March. — A middle-sized tree, with dark brown rugged bark, and close and fine-grained wood. Young twigs spicy and aromatic. 2. ALNITS, Tourn. ALDER. Sterile aments elongated, drooping. Bracts peltate, 5-bracteolate, 1 - 3-flow- ered. Calyx 4-parted or (in No. 2) scale-like. Stamens 4 : anthers 2-cclled. Fertile aments short, erect. Bracts fleshy, 2-flowered. Calyx of four minute scales, adherent to the bracts. Bracts of the fruiting ament woody, persistent. Nut angled or winged. — Shrubs or small trees. Leaves petioled, serrate, the stalked buds covered with a single scale. Fertile aments racemed. 1. A. serrulata, Ait. Leaves obovate, obtuse or abruptly pointed, serru- late, commonly pubescent beneath, acute at the base, short-petioled ; stipules oval, obtuse ; fruiting aments ovoid, short-peduncled ; fruit ovate, wingless. — Banks of streams, Florida, and northward. Jan. -March. — Shrub 3° -12° high. Leaves 2' -4' long, thickish, and partly persistent at its southern limits. Calyx of the sterile flowers- 4-parted. 2. A. viridis, DC. Leaves oval, rounded at both ends, slightly oblique at the base, finely and sharply serrate, softly pubescent on the lower surface, or only on the veins and petiole , stipules ovate ; calyx of the sterile flowers scale-like ; fruiting aments ovoid, long-peduncled ; fruit winged. High mountains of North Carolina, and northward. April. — A low much branched shrub. Leaves 1'- 2' long. ORDER 131. SAL.ICACEJE. (WILLOW FAMILY.) Trees or shrubs, with soft wood, alternate simple stipulate leaves, and dioecious amentaceous flowers, destitute of calyx and corolla, each solitary in the axil of a simple bract. Stamens 2 - many. Ovary 1-celled or im- perfectly 2-celled, with numerous erect anatropous ovules in each cell. Styles 2, very short, more or less united: stigmas 2-lobed. Fruit a 2-valved many-seeded capsule. Seeds minute, clothed with long silky hairs. Albumen none. Cotyledons elliptical, flattened. Radicle point- ing downward. 1. SALIX, Tourn. WILLOW. Bracts of the aments entire. Flowers each with 1-2 small glands. Stamens 2-6, free, or their filaments cohering at the base. Stigmas short, 2-lobed. — Leaves commonly narrow, short-petioled. Stipules scale-like and deciduous, or leafy and persistent. Buds covered with a single scale. Aments mostly erect, appearing with or before the leaves. 430 SALICACE^E. (WILLOW FAMILY.) * Aments small, sessile : ovary silky : stamens 2. — Low canescent shrubs, with small leaves, Aments developed before the leaves. 1. S. tristis, Ait. Leaves very numerous, lanceolate, obtuse or acute, entire or wavy, at least on the margins, tapering at the base, nearly sessile, cov- ered with a grayish down, at length smoothish above ; stipules minute, caducous ; flowering aments small, globular ; the oval bracts hairy on the margins ; style short; ovary slender, long-beaked. — Dry barren soil, in the upper districts of Georgia, and northward. March and April. — Shrub l°-2° high. Leaves 1'- 2' long. 2. S. humilis, Marshall. Leaves lanceolate, obtuse or abruptly pointed, narrowed into a petiole, smoothish above, grayish-pubescent beneath, often slightly serrate near the summit ; stipules small, semi-cordate or lunate, entire or toothed ; flowering aments ovoid or oblong, often drooping, with the lanceolate bracts villous ; style conspicuous ; ovary slender. (S. conifera, Muhl. S. Muh- lenbergiana, Willd.) — Barren soil in the upper districts, and northward. March. — Shrub 2° - 4° high, often bearing cone-like excrescences. 3. S. rosmarinifolia, L. Leaves linear-lanceolate, nearly entire, flat, pubescent above, silky beneath ; ovary lanceolate, villous ; styles elongated. — Swamps and low ground, Florida ? and northward. — Shrub 2° - 4° high. Branches silky. Leaves 1'- 2' long. Stipules subulate. Bracts oblong, obtuse, hairy on the margins. * * Aments large, cylindrical, sessile, sillcy-villous, developed before the leaves : ovaries woolly. — Large shrubs. 4. S. discolor, Muhl. Branchlets pubescent; leaves oblong, petioled, acute at each end, serrate in the middle, smooth and shining above, glaucous beneath ; stipules semi-lunar, toothed ; aments woolly, with glossy hairs ; sta- mens 2 ; ovary white-silky, sessile. — Low ground, Carolina, Pursh, and north- ward. April. — Shrub 8° -10° high. Leaves 2' -4' long. Aments l'-l£' long. * * * Aments large, cylindrical, on leafy peduncles or branchlets, appearing with the leaves : ovaries smooth, stalked. 5. S. Floridana, n. sp. Leaves ovate-lanceolate, acute, smooth above, glaucous beneath, finely sen-ate, rounded at the base, the petioles pubescent ; stipules small, caducous ; fruiting ament oblong, dense ; capsule ovate-lanceolate, smooth. — Kocky banks, West Florida, fruiting in April. — Shrub 8° - 12° high. Leaves thin, 2' -3' long. Fruiting aments 2' -3' long, 1' in diameter, enveloped in the copious wool of the seeds. Flowers not seen. 6. S. nigra, Marshall. Leaves lanceolate, acute at each end, serrate, peti- oled, pubescent when young, becoming smoothish and green on both surfaces ; stipules small and caducous, or sometimes lunate, toothed, and persistent ; aments elongated, the fertile ones slender, loose-flowered ; bracts deciduous ; sta- mens 3-6, hairy below ; capsule ovate, acuminate, pointed by the conspicuous style. (S. Houstoniana, Pursh.) — Swamps and muddy banks of rivers, Florida, and northward. A shrub or small tree, with brittle branches. Leaves 2' - 3' CONIFERS. (PINE FAMILY.) 431 long, sometimes pubescent at maturity, like the branchlets. Fertile aments 3' - 4' long. The WEEPING-WILLOW (S. Babylonica, Tourn.), and the YELLOW WILLOW or GOLDEN OSIER (S. vitcllina, Smith), are introduced species. 2. POPULUS, Tourn. COTTON-WOOD. POPLAR. ASPEN. Bracts of the aments toothed or lobed. Flowers from an oblique cup-shaped disk. Stamens few or numerous, with the filaments free. Stigmas elongated, 2-parted. — Trees. Leaves ovate or roundish, on long and often laterally com- pressed petioles. Buds covered with imbricated, often resinous-coated scales. Aments slender, drooping, appearing before the leaves. 1. P. angulata, Ait. Branches thick, smooth, and sharply angled ; leaves large, smooth, deltoid-ovate, acute or slightly acuminate, truncate at the base, obtusely serrate with incurved teeth ; the conspicuous veins and compressed peti- ole yellowish. — Banks of rivers, Florida, and northward. March and April. — A large tree. Leaves 6' - 8' long, longer than the petiole. 2. P. grandidentata, Michx. Branches terete; leaves round-ovate, acute, sinuate-toothed, hoary-tomentose when young, like the branchlets, at length smooth, scarcely longer than the slender compressed petiole; fruiting aments elongated, pubescent. — Low woods in the upper districts, and northward. March and April. — A middle-sized tree, with smooth gray bark. Leaves 3' - 5' long, and nearly of the same width. 3. P. heterophylla, L. Branches terete; leaves ovate, mostly obtuse, serrate, with obtuse, incurved teeth, rounded or with a small sinus at the base, hoary-tomentose on both sides when young, like the nearly terete petioles and branchlets, at length only on the veins beneath ; fruiting aments smooth. — River-swamps in the middle and upper districts, Mississippi to North Carolina, and northward. March and April. — A large tree. Leaves 3' -5' long. The LOMBARDY POPLAR (P. dilatata, Ait.), and the WHITE POPLAR (P. alba, L.), are introduced species. SUBCLASS II. GYMNOSPERM^E. Ovules naked (not enclosed in an ovary), commonly sup- ported by an open scale or leaf, and fertilized by the direct application of the pollen. Cotyledons often more than two. ORDER 132. CONIFERJE. (PINE FAMILY.) Trees or shrubs, with branching stems, composed of glandular or disk- bearing woody tissue without ducts, resinous juice, linear or needle-shaped 432 CONIFERS. (PINE FAMILY.) mostly persistent leaves, and monoecious or dioecious amentaceous flowers. Calyx and corolla none. Ovules orthotropous. Fruit a cone or drupe, Embryo in the axis of the albumen. Cotyledons 2 or more. Synopsis. SUBORDER I. ABIETINEJE. Fertile flowers consisting of numer- ous bracted imbricated carpellary scales, bearing two collateral inverted ovules at their base, and forming a cone in fruit. Buds scaly. 1. PINUS. Leaves 2 - 5 in a cluster, mostly elongated, sheathed at the base. 2. ABIES. Leaves single, short, destitute of a sheath. SUBORDER H. CUPKESSINEJE. Fertile flowers consisting of few bractless mostly peltate carpellary scales, bearing one or several erect ovules at their base, becoming fleshy or indurated, and forming in fruit a drupe or cone. Buds naked. 3. JUNIPERUS. Fruit a drupe. Leaves minute, imbricated. 4. CUPRESSUS. Fruit a globular cone, with peltate scales. Leaves imbricated, persistent. 5. TAXODIUM. Fruit a globular cone, with peltate scales. Leaves spreading, on slender deciduous branchlets. 6. THUJA. Fruit an oblong cone, with imbricated oblong scales. Leaves minute, imbri- cated on the flattened branches, persistent. SUBORDER m. TAXINE^E. Fertile flower solitary, without a car- pellary scale. Fruit a drupe. Buds scaly. 7. TAXUS. Drupe surrounded by a fleshy cup. Albumen homogeneous. 8. TORREYA. Drupe naked. Albumen ruminated. 1. PINUS, Tourn. PINE. Flowers monoecious. Sterile aments spiked or clustered. Stamens numer- ous on the axis, with very short filaments : anthers with a scale-like connective, 2-celled, opening lengthwise. Fertile aments terminal, single or clustered. Car- pellary scales in the axils of deciduous bracts, each bearing two collateral in- verted ovules at the base, indurated in fruit, and forming a cone ; the apex commonly thickened, angular, and spiny. Seeds nut-like, lodged in an excava- tion at the base of the scale, and furnished with a thin deciduous wing. Embryo in the axis of oily albumen. Cotyledons 3-12, linear. — Trees. Leaves ever- green, needle-shaped, 2-5 in a cluster, their bases enclosed hi a thin scarious sheath. * Leaves two in each sheath. 1. P. pungens, Michx. (TABLE-MOUNTAIN PINE.) Leaves from a short sheath, crowded, short and rigid ; cones large, commonly 3-4 in a whorl, ovate, sessile, the thick scales pointed at the apex, and armed with a very stout spine, which on the upper scales is incurved, on the lower ones recurved. — Mountains, rarely west of the Blue Ridge, Georgia to North Carolina, and northward. — A CONIFERS. (PINE FAMILY.) 433 tree 40° - 50° high, with rigid and irregular branches. Leaves about 2' long. Cones 3' long, yellowish-brown. Buds resinous. 2. P. inops, .Ait. (JERSEY or SCRUB PINE.) Branchlets smooth and glaucous ; leaves from short sheaths, scattered, short and rigid, flat on the inner face; cones solitary, conical-oblong, mostly reflexed, short-pedunclcd ; scales armed with a straight subulate rigid spine. — Dry sandy or gravelly ridges in the middle districts, South Carolina, and northward. — A tree 15° -30° high, with rough blackish bark, and spreading or recurved flexible branches. Leaves l'-2' long, .dark green. Cones light brown, about 2' long, opening at ma- turity. 3. P. glabra, Walt. Branches and branchlets smooth, whitish; leaves slender, scattered ; cones generally solitary, somewhat cylindrical ; spines nearly obsolete. — In close rich soil, near Black Oak, South Carolina, Ravenel. — A tree 40° - 60° high, with smoothish bark and soft white wood, branching from near the ground. Leaves 3' - 4' long. Cones about 2' long. " "Wings of the seed lighter colored, more tapering, longer and less gibbous than those of P. mitis." This species of Walter, long overlooked, but lately revived by Mr. Ravenel, is, if I mistake not, not uncommon in the low hummocks of this State, and is distinguished here,'as in South Carolina, as the SPRUCE-PINE. 4. P. mitis, Michx. (SHORT-LEAVED PINE.) Leaves from a long sheath, crowded, very slender, concave on the inner face, dark green ; cones small, mostly solitary, oval or conical-oblong ; the thin scales flattened at the apex, and armed with a weak incurved spine. (P. variabilis, Pursh.) — Light clayey soil, Florida, and northward. — A large tree, with rough bark, and fine-grained valuable wood. Leaves 3' - 5' long, sometimes three in a sheath. Cones light brown, about l£' long, opening at maturity. Wings of the seed reddish. * * Leaves three in each sheath. 5. P. rigida, Miller. (Pixcn-PiNE.) Leaves crowded, from a very short sheath, rigid, flattened on the inner face ; cones single or clustered, sessile, ovate, the scales armed with a short and rigid recurved spine. — Sandy barren soil in the upper districts, and northward. — A small or middle-sized tree, with thick blackish rugged bark, and hard resinous wood. Branches numerous, rigid, rough with the persistent bases of the leaf-bracts. Leaves 3' - 5' long. Cones 2' -3' long, light-brown. 6. P. serotina, Michx. (PoND-PiNE.) Leaves somewhat crowded, from a short sheath, elongated ; cones mostly opposite, round-ovate, sessile ; the scales rounded at the apex, and armed with a very small and weak spine. — Borders of ponds and swamps in the lower districts, Florida to North Carolina. — A small tree, with rough bark and sappy valueless wood. Leaves 5' -8' long. Cones 2' - 3' long. 7. P. Tseda, L. (LOBLOLLY or OLD-FIELD PINE.) Branches scaly; leaves from a long sheath, slender, elongated ; cones large, solitary, oblong- conicalj with the scales armed with a short and rigid straight spine. — Light 37 434 CONIFERS. (PINE FAMILY.) and mostly damp soil, Florida to North Carolina. — Commonly a lofty tree, with very thick and furrowed bark, and valuable, but sparingly resinous wood ; but in old fields low, with spreading branches. Leaves 6'- 10' long, rarely 2 or 4 in a sheath, dark green. Cones 3' - 5' long. 8. P. australis, Michx. (LONG-LEAVED or YELLOW PINE.) Leaves very long, from long sheaths, crowded at the summit of the thick and very scaly branches ; cones large, cylindrical or conical-oblong, the thick scales armed with a short recurved spine. (P. palustris, L., the prior but inappropriate name.) — Sandy soil, constituting almost the entire growth of the Pine Barrens. — A lofty tree, with thin-scaled bark, and very valuable resinous wood, dividing near the summit into few spreading branches. Leaves 10' -15' long. Leaf-bracts sca- rious, fimbriate. Cones 6'- 10' long. * # ^ Leaves Jive in each sheath. 9. P. Strobus, L. (WHITE PINE.) Leaves slender, from a very short and deciduous sheath ; cones long, cylindrical, recurved, with the loosely im- bricated scales neither thickened nor spiny at the apex. — A tree of moderate dimensions on the mountains of Georgia and North Carolina, but northward one of the loftiest of trees, and greatly valued for its soft white wood. Leaves 3' - 4' long. Cones 4' - 6' long. 2. ABIES, Tourn. SPRUCE. FIB. Chiefly as in Pinus, but the aments mostly solitary ; anthers opening length- wise or transversely ; scales of the cone not thickened at the apex, nor spiny ; wings of the seed persistent. — Leaves single, short. * Cones lateral, erect; with the scales deciduous at maturity: anther-cells opening transversely. 1. A. Fraseri, Pursh. (SILVER or BALSAM FIR.) Leaves somewhat distichous, linear, flattened, obtuse or emarginate, whitened beneath, the lower ones somewhat recurved, the uppermost erect ; cone oblong-ovate ; bracts long, oblong-wedge-shaped, short-pointed, reflexed at the summit. — High mountains of North Carolina, and northward. — A small tree. Leaves 6" - 8" long. Cones 1'- 2' long. * * Cones terminal, pendulous, with the scales persistent : anther-cells opening lengthwise. 2. A. Canadensis, Michx. (HEMLOCK-SPRUCE.) Leaves distichous, flat, linear, obtuse, dark green above, whitened beneath ; cones small, oval or oblong, with the few scales smooth and entire. — High mountains of North Car- olina, and northward. — A large tree with the horizontal branches gradually diminishing upward, forming a pyramidal spray. Leaves £' long. Cones 8"- 9" long. 3. A. nigra, Poir. (BLACK SPRUCE.) Leaves scattered on all sides of the branches, needle-shaped, 4-sided, erect, dark green; cone ovate or ovate- CONIFERS. (PINE FAMILY.) 435 oblong ; the scales with a thin wavy or denticulate margin. — High mountains of North Carolina, and northward. — A tall but slender tree. Leaves £' long, rigid. Cones 1 ' - 1 £' long. 4. A. alba, Michx. (WHITE SPRUCE.) Leaves inserted on all sides of the branches, needle-shaped, 4-sided, incurved, light green ; cones oblong-cylin- drical, with the scales entire. — High mountains of North Carolina, and north- ward. — A small tree, with more slender and less crowded leaves than those of the preceding. Cones l'-2' long. 3. JUNIPERUS, L. JUNIPER. Flowers mostly dioecious. Aments lateral and terminal, small, few-flowered. Stamens several : anther-cells 3-6, inserted beneath the peltate scale, opening lengthwise. Carpellary scales 3-6, 1-3-ovuled, partly united, fleshy, and forming in fruit a berry-like drupe containing 1-3 erect bony seeds. Cotyle- dons 2, oblong. — Trees, with subulate or scale-like persistent leaves. 1. I. Virginiana, L. (RED CEDAR.) Branches terete; leaves opposite or by threes, minute, rhombic-ovate, closely imbricated, depressed on the back ; those on young shoots subulate and spreading; drapes small, blue, 1 -2-seeded. — Dry, rocky, or even wet soil, Florida, and northward. March. — A small tree, with reddish, fine-grained, durable, and odorous wood, and spreading branches. Leaves dark green. 4. CUPRESSUS, Tourn. CYPRESS. Flowers monoecious. Aments terminal, few-flowered. Anther-cells 2-4, inserted under the lower edge of the peltate scale, opening lengthwise. Carpel- lary scales peltate, bearing several erect ovules on their stalks, becoming woody in fruit, and forming a globular dehiscent cone. Seeds winged at each end. Cotyledons 2 - 3, obtuse. — Trees, with minute imbricated leaves. 1. C. thyoides, L. ("WHITE CEDAR.) Branchlets compressed, crowded, distichous ; leaves ovate, imbricated in 4 rows, with a roundish gland on the back ; anther-cells two under each scale ; cones small. — Swamps, Florida, and northward. April. — A middle-sized tree, with fibrous bark, and light durable wood. Branches spreading. Cones 3" - 4" in diameter, borne on short scaly stalks. 5. TAXODIUM, Richard. CYPRESS. BALD-CYPRESS. Flowers monoecious. Sterile aments small, in a long drooping spiked panicle. Scales peltate. Anther-cells 2-5, opening lengthwise. Fertile aments single or by pairs, with the peltate scales 2-ovuled. Cone globular. Scales very thick, angular, slender-stalked, separating at maturity. Seeds 3-angled, wingless. Cotyledons 6-9, linear. — Trees, with distichous deciduous leaves. 1. T. distichum, Rich. Leaves alternate, opposite, or whorled, on very numerous short and slender deciduous branchlets, linear, acute, 2-ranked or ira- 436 CONIFERS. (PINE FAMILY.) bricated. ( Cupressus disticha, L. } — Ponds and deep swamps. Florida, and northward. Feb. and March. — A very large tree, with pale smoothish bark, light durable wood, and few fastigiate branches at the summit. Leaves 4" - 6" long. Cones \|' - 1' in diameter. Attached to the roots are hollow conical knobs called Cypress-Knees. 6. THUJA, Tourn. ARBOR-VIT.E. Flowers monoecious. Aments small, terminal. Anther-cells 4, with a scale- like connective. Carpellary scales imbricated in four rows, with two erect ovules at the base. Cone oblong, the few scales imbricated, expanding at maturity, persistent. Seed winged. Cotyledons 2, oblong. — Trees or shrubs, with scale- like imbricated persistent leaves. 1. T. OCCidentalis, L. (ARBOR-VIT^E.) Branches flat, distichous ; leaves ovate, obtuse, with a gland on the back, imbricated in four rows ; cones oblong, nodding, with the outer scales oblong, obtuse ; seeds broadly winged, emarginate at each end. — Rocky banks on the mountains of Carolina, and northward. — A small or middle-sized tree. Cones £' long. 7. TAXUS, Tourn. YEW. Flowers dioecious, axillary; the sterile ones in globular few-flowered aments. Anther-cells 3-8, inserted under the peltate scale. Fertile flowers solitary, scaly-bracted, consisting of a single ovule on a cup-shaped disk, which becomes large and berry-like in fruit, and surrounds the nut-like seed. Embryo in the axis of mealy albumen. — Trees or shrubs, with scattered branches, linear rigid distichous leaves, and scaly buds. 1. T. Floridana, Nutt. Leaves narrowly linear, mucronate, conspicuously petioled (about 9" long), the outer margin revolute; fruit abundant; the fleshy disk of the seed bright red. — Banks of the Apalachicola River, Middle Florida. — A small tree, 10° -20° high. 8. TORRE YA, Arnott. Flowers dioecious, axillary; the sterile ones in globose or oblong aments. Anther-cells 4, inserted under the peltate scale. Fertile flowers solitary, con- sisting of a solitary ovule surrounded with imbricated persistent scales. Disk none. Seed large, ovoid, naked. Embryo at the apex of hard ruminated albu- men. Cotyledons 2, linear. — Trees, with whorled branches. Leaves distichous, rigid, persistent. Buds scaly. I. T. taxifolia, Am. Branchlets opposite, 2-ranked ; leaves linear, spiny- pointed, nearly sessile, light green ; sterile aments yellow, crowded ; seed ovoid, drupe-like. — Rich soil, along the east bank of the Apalachicola River, Middle Florida. March. — A middle sized tree, with durable strong-scented wood, and horizontal branches. Leaves very rigid, and pungent, 1' long. Seed smooth and glaucous, similar in shape and size to a nutmeg. CYCADACE^E. (CYCAS FAMILY.) 437 ORDER 133. CYCADACE^E. (CYCAS FAMILY.) Trees or shrubs, with simple trunks, increasing by a terminal bud, like the Palms, and composed of a large pith, mixed with woody bundles or plates, enclosed in a cylinder of woody fibre and spiral vessels. Leaves pinnate, coiled in the bud, like Ferns. Flowers dioecious, destitute of calyx and corolla. Sterile flowers consisting of 1 -celled anthers inserted under the peltate scales of a cone-like ament. Fertile flowers consisting of naked ovules inserted under the scales like the sterile flowers, or on the margins of contracted leaves. Seed nut-like. Embryo in the axis of the albumen. Radicle ending in a long spiral cord. Cotyledons 2. 1. ZAMIA, L. Flowers in cone-like aments, with the peltate scales inserted on all sides of the common rachis. Anthers numerous. Ovules by pairs, pendulous. Seed round- ish, drupe-like. — Leaflets thickened at the base and articulated with the petioles, with numerous simple veins. 1. Z. integrifolia, Willd. (COONTIE.) Stem short, globular or oblong ; leaves petioled, spreading, with the numerous lanceolate or linear-lanceolate leaf- lets entire, or serrate near the apex ; aments oblong, obtuse, short-peduncled. — Low grounds, South Florida. — The stem abounds in starch, from which the Florida Arrowroot is obtained. CLASS II. 10NOCOTYLEDONOUS OB ENDOGENOUS PLANTS, Stems composed of cellular tissue and scattered bundles of woody fibre and vessels, destitute of proper pith, bark, or concentric layers, and increasing in diameter by the deposi- tion of new fibrous bundles. Leaves mostly alternate, entire, and parallel- veined, commonly sheathing at the base, seldom falling off by an articulation. Floral envelopes usually by threes. Cotyledons single. ORDER 134. PAL.MJE. (PALMS.) Chiefly trees, with a thick woody stem (caudex), growing by a terminal bud, pinnate or fan-shaped leaves, which are plaited in the bud, and a spadix of small perfect or polygamous flowers. Sepals and petals 3, free or more or less united, persistent. Stamens mostly 6, hypogynous or pe- rigynous : anthers 2-celled, introrse. Ovary 3-celled, commonly with a 37* 438 PALMES. (PALMS.) single erect orthotropous or anatropous ovule in each cell. Styles 3, mostly united : stigmas entire. Fruit a drupe or berry. Embryo cylin- drical, placed in a cavity of the hard albumen, near the circumference of the seed. — Stems erect or creeping. Leaves long-petioled. Spadix axillary. 1. SABAL, Adans. PALMETTO. Flowers perfect, sessile, bracted. Calyx cup-shaped, 3-cleft. Corolla 3- petalled. Stamens 6, hypogynous ; the filaments subulate, distinct. Anthers cordate-ovate, horizontal. Ovary 3-celled. Styles united, 3-angled : stigma capitate or obtuse. Fruit a 1 -seeded drupe. Embryo dorsal. Albumen ho- mogeneous, horny. — Stems simple or branched, erect or creeping. Leaves fan-shaped, long-petioled, with the divisions 2-cleft at the apex and often with long thread-like filaments interposed. Spadix long, branching, with sheathing spathes \|it the joints. Flowers small, whitish, rigid. Drupe oblong or globose. Sheaths of the leaves commonly composed of dry interlaced fibres. 1. S. Palmetto, R. & S. (CABBAGE-PALMETTO.) Stem erect, tall, sim- ple, leafy at the summit ; leaves large, cordate in outline, pinnatifid-fan-shaped, recurved at the summit, mostly shorter than the smooth concave petiole ; the very numerous divisions deeply cleft, an (i with thread-like filaments at the si- nuses ; spadix smooth and spreading, commonly shorter than the leaves ; petals slightly united at the base ; style thick ; drupe globose. (Chamaerops Palmetto, Michx.) — Sandy soil along the coast, Florida to North Carolina. June. — Stem 20° - 40° high. Leaves 5° - 8° long, their bases long-persistent. Drupe black, 4" - 5" in diameter. 2. S. serrulata, R. & S. (SAW-PALMETTO.) Stem creeping, branching ; leaves circular in outline, fan-shaped, bright-green, shorter than the slender plano-convex more or less spiny-edged petiole; the numerous (15-30) erect divisions slightly cleft at the apex, and without thread-like filaments in the si- nuses ; spadix densely tomentose, much shorter than the leaves ; petals scarcely united; style slender; drupe ovoid-oblong. (S. minima, Nutt.? Chamasrops, Pursh.) — Sandy soil in the lower districts, Florida to South Carolina. June. — Stem 4° - 8° long. Leaves 2° - 4° high. Drupe black, 8" - 9" long. 3. S. Adansonii, Guerns. (DWARF PALMETTO.) Stem short, buried in the earth; leaves circular in outline, glaucous, fan-shaped, slightly pinnatifid, longer than the stout concave smooth-edged petiole; the numerous (20-30) divisions slightly cleft at the apex, sparingly filamentose at the sinuses ; spa- dix erect, smooth, slender, much longer than the leaves ; petals united at the base ; style thick ; drupe globose. (S. pumila, Ell.) — Low grounds in the lower districts, Florida to North Carolina. June and July. — Leaves 2° -3° high. Spadix 3° - 6° high. Drupe 4" in diameter, black. Nut hemispherical. 2. CHAM-SHOPS, L. Flowers polygamous, bracted. Calyx 3-cleft. Corolla 3-petalled. Stamens 6-9, with the filaments connate at the -base : 'anthers oblong. Ovaries 3, more ARACE^E. (ARUM FAJHILY.) 439 or less united. Stigmas acute, stigmatic on the inner face. Drupes 1-3, one- seeded. Embryo dorsal, in horny somewhat ruminated albumen. — Low palms, with fan-like long-petioled leaves, destitute of thread-like filaments. Sheaths soon dry and net-like. Spadix dense-flowered, branching. Spathe 2-4-leaved. Flowers yellowish. Drupe globose or ovoid. 1. C. Hystrix, Fraser. (BLUE PALMETTO.) Stem short, proliferous; leaves circular in outline, with numerous 2 - 4-toothed divisions, on triangular rough-edged petioles ; sheaths persistent, composed of oblique fibres interwoven with numerous erect strong spines ; spadix small, short-peduncled ; spathes about 4, oblong, woolly, acutely 2-lipped ; petals ovoid ; drupe ovoid. — Low shady woods in the lower districts, Florida to South Carolina. June and July. — Stem 2° -3° long, erect or creeping. Leaves somewhat glaucous, 3° -4° high. Spadix 6' -12' long. Partial spathes none. Drupe 6" -9" long. ORDER 135. ARACE^S. (ARUM FAMILY.) Acrid chiefly stemless herbs, from tuberous or creeping rootstocks, with entire or divided often veiny leaves, and perfect or monoscious flowers borne on a spadix, and commonly enclosed in a spathe. — Calyx and corolla wanting, or the former with scale-like sepals. Stamens short, hypogynous : anthers extrorse, commonly sunk in the thick connective. Ovary 1 - several-celled, with 1 -several ovules in each cell. Stigma ses- sile. Fruit fleshy, indehiscent. Embryo straight. Albumen mealy or fleshy, sometimes wanting. Synopsis. * Calyx and cordlla none. Spadix enclosed in a spathe. Flowers monoecious. •«- Fertile flowers numerous. Spadix free. 1. ARIS-3EMA. Spathe thin, convolute at the base, arching above. Spadix barren abote. Leaves 3 - several-lobed. 2. PELTANDRA. Spathe (green) thick, convolute throughout, wavy on the margins. Spa- dix flowering throughout Leaves sagittate. 3. XANTIIOiOMA. Spathe convolute at the base, open and white above. Spadix flowering throughout. Leaves sagittate. H- M- Fertile flower solitary. Spadix adnate to the spathe. 4. PISTIA. Free-floating aquatics. Fertile flowers solitary. * * Calyx manifest. Flowers perfect. H- Spadix enclosed in a spathe. 5. SYMPLOCARPUS. Spathe thick and fleshy, convolute, pointed. Spadix globular. Sepals and stamens 4. +- •»- Spadix naked. 6. ORONTIUM. Spadix terminating the club-shaped white-topped scape. 7. ACORUS. Spadix attached to the side of the flattened leaf-like scape. 1. ARIS-SIMA, Mart. INDIAN TURNIP. Spathe convolute below, dilated and commonly arched above, withering. Spadix covered below with monoecious flowers (the lower ones fertile), clon- 440 ARACE^E. (ARUM FAMILY.) gated and naked above. Calyx and corolla none. Stamens 4 in a whorl, very short : anther-cells 2-4, distinct, opening at the top. Ovary 1-celled, with 5-6 erect orthorropous ovules. Stigma sessile. Fruit a 1 - few-seeded scarlet berry. Embryo in the axis of mealy albumen. — Root tuberous. Petioles of the com- monly divided and veiny leaves elongated and sheathing the scape. Fruit-clus- ters naked. 1. A. triphyllum, Torr. (WAKE-ROBIN.) Leaves two, trifoliate ; leaf- lets sessile, oblong-ovate, acuminate ; spathe tubular, dilated, flattened and incurved above, acuminate, green, or variegated with white and purple, longer than the club-shaped obtuse often dioecious spadix. (Arum triphyllum, L.) — Low rich woods, Florida, and northward. March. — Plant 1° - 1£° high. Leaf- lets 3' - 6' long. Root depressed, rugose, intensely acrid. 2. A. polymorphum. Leaf solitary, 3 - 5-foliolate ; leaflets varying * from oblong to obovate, acute or slightly acuminate, nearly sessile, the lateral ones entire, 2-lobed or 2-parted to the base ; spathe, &c. as in the preceding. (Arum polymorphum, Buckley. A. quinatum, Nutt. ?) — Mountains of North Carolina. — Plant 1° - 1^° high. 3. A. Dracontium, Schott. (DRAGON-ROOT.) Leaf solitary, pedately 9 - 13-foliolate ; leaflets petioled, entire, lanceolate or oblong, acuminate ; spathe tubular (green), concave and erect above, much shorter than the very slender spadix. (Arum Dracontium, L.) — Rich woods, Florida, and northward. March and April. — Plant 1°- l£° high. Berries numerous on the flat rhachis, 1 - 3-seeded. 2. PELTANDKA, Raf. ARROW-ARUM. Spathe elongated, fleshy, convolute throughout, wavy on the margins, curved at the apex, persistent at the base. Spadix long, wholly covered by the mo- noecious flowers. Calyx and corolla none. Anther-cells 5-6, imbedded in the thick peltate connective, opening by a terminal pore. Ovary 1-celled, with sev- eral orthotropous ovules. Berry 1 - 3-seeded. Seed gelatinous, without albu- men. Embryo large. Plumule conspicuous, curved. — A fleshy stemless marsh herb, from a creeping rhizoma. Leaves sagittate, with the petiole sheathing the base of the thick scape. Fruit-clusters enclosed in the fleshy persistent base of the spathe. 1. P. Virginica, Raf. Leaves several, oblong, acute, finely veined, and with 2-3 intramarginal nerves, the lobes obtuse ; scapes shorter than the leaves recurved in fruit ; spathe lanceolate, acute, longer than the cylindrical spadix, both early decaying above the fertile flowers ; berries green, in a globose cluster, 1-seeded. (Arum Virginicum, L.) — Marshes and wet places, Florida, and northward. April and May. — Plant 1° high. Spatbes 2'- 4' long. 3. XANTHOSOMA, Schott. Spathe convolute at the base, straight. Spadix sterile in the middle. Calyx and corolla none. Anther-cells numerous, adnate to the conical truncate (ARUM FAMILY.) 441 connective, opening at the apex. Ovaries numerous, crowded, somewhat 4-ccllcd, with numerous horizontal ovules in each cell. Style short and thick : stigma broad, depressed, lobed. Berry red, many-seeded. — Herbs. Petioles of the sagittate leaves sheathing the base of the scape. 1. X. sagittifolium, Schott. Stemless ; leaves glaucous, hastate-cordate, acuminate, the lobes oblong, obtuse ; spathe hooded at the summit, oval-lanceo- late, white, longer than the spadix. — Marshes and springy places, near Savan- nah, Elliott, and Wilmington, Curtis. May and June. 1J. — Root tuberous. Petioles 12'- 15' long. Leaves 5' -7' long, the lobes somewhat spreading and generally obtuse. Scape as long as the petioles. 4. PISTIA, L. Spathe tubular at the base, spreading above, united with the spadix. Flowers few, monoecious, the upper ones staminate and supported by a cup-shaped invo- lucre ; the fertile solitary. Calyx and corolla none. Anther-cells 3-8, opening transversely. Ovary 1-celled, with several erect orthotropous ovules. Stylo thick: stigma disk-like. Berry few -many-seeded. Embryo at the apex of the albumen. — Small free-floating aquatic herbs, with fibrous roots, and entire clustered spreading leaves, with the flowers in their axils. 1. P. spathulata, Michx. Leaves arranged in a circle, round-obovate, abruptly contracted into a short petiole, with the nerves projecting beneath (la- melliform) ; roots numerous, elongated; spathe short-pedunclcd, white. — In still water, East Florida, and westward. — Leaves l'-2' long. 5. SYMPLOCABPUS, Salisb. SKUNK-CABBAGE. Spathe hooded-shell-form, acuminate, fleshy, early decaying. Spadix pedun- cled, globose, covered with the perfect flowers. Sepals 4, hooded, berry-like in fruit. Corolla none. Stamens 4 : anthers 2-celled, opening lengthwise. Ovary 1-celled, 1-ovuled. Style pyramidal, 4-angled ; stigma minute. Berries with the sepals united in a mass. Seeds globose, without albumen. Embryo thick and fleshy. — Perennial garlic-scented herbs, from a deep and thick rhizoma, with large stout-petioled veiny leaves, and nearly sessile spathes, appearing be- fore the leaves. 1. S. foetidus, Salisb. Leaves thin, oval, cordate, short-petioled ; spathe ovate, incurved, spotted with purple and yellow; spadix dull-purple, much shorter than the spathe, enlarged in fruit. (Pothos foetidus, Michx.) — Bogs and swamps, North Carolina, and northward. Feb. and March. — Leaves l°-2° long. Spathe 2' - 4' long. Spadix in fruit 2' - 3' in diameter. Seeds about the size of a pea. 6. ORONTIUM, L. GOLDEN-CLUB. Spathe none. Spadix cylindrical, covered with the yellow perfect flowers. Sepals and stamens 4-6. Anthers 2-celled, opening lengthwise. Ovary 1-celled, 442 LEMNACE^E. (DUCKWEED FAMILY.) with a single amphitropous ovule. Stigma minute, sessile. Fruit green. Seed without albumen. Embryo thick and fleshy. — A perennial aquatic herb, with oblong long-petioled leaves, and a yellow erect spadix terminating the club- 1. O. aquaticum, L. Rhizoma deep, fleshy; leaves acute, nerved, on stout terete petioles ; scape terete, thickened upward, white beneath the spadix, sheathed below, commonly curved. — Ponds and slow-flowing streams, Florida, and northward. March and April. — Leaves about 1° long. Scape l°-2° long. Spadix 1' - 2' long ; the upper flowers mostly tetrandrous. 7. ACORUS, L. CALAMUS. SWEET FLAG. Scape flattened, leaf-like, with the lateral sessile spadix covered with the per- fect flowers. Spathe none. Sepals and stamens 6. Corolla none. Filaments slender: anthers kidney-shaped, 1-celled, opening transversely. Ovary 2-3- celled, with several orthotropous suspended ovules in each cell. Stigma minute. Fruit dry, gelatinous within, 1 - few-seeded. Embryo in the axis of the albu- men. — Perennial herbs, from a creeping aromatic rhizoma. Leaves erect, long, flattened, 2-edged. Scape leaf-like, elongated above the spadix. 1. A. Calamus, L. — Wet places, Florida, and northward, apparently in- troduced. April. — Rhizoma rather slender, pungent. Leaves l°-2° high, linear-lanceolate. Scape narrower than the leaves. Spadix cylindrical, yellow- ish, 2' - 3' long, spreading. ORDER 136. LiEMNACE^E. (DUCKWEED FAMILY.) Minute aquatic floating plants, with lenticular proliferous stems (fronds), and usually simple roots, pendent from beneath. Flowers monoecious, mostly from a marginal cleft of the stem. Spathe membranaceous, pitcher-shaped, bursting into two unequal lobes, soon vanishing, commonly enclosing two sterile flowers, which are reduced to single slender filaments bearing a 2-celled anther, and a single sessile 1-celled ovary, which forms in fruit a 1-7-seeded utricle. Embryo straight, in the axis of fleshy albumen. 1. LEMNA, L. DUCKWEED. Spathes marginal, 3-flowered. Anthers opening transversely Stigma funnel- form. Ovules erect from the base of the cell, anatropous or half-anatropous. — Stems increasing by lateral buds. Roots terminating in a calyptre-like append- age. — The flowers of these plants are seldom seen. 1. L. minor, L. Stems pale, round-obovate, flattened, single or variously clustered ; root single ; ovule solitary, half-anatropous ; seed horizontal. — Pools, ditches, &c., Florida, and northward ; common near the coast, and probably intermixed with L. perpusilla, Torr. — Stems l"-2" long. TYPHACE^:. (CAT-TAIL FAMILY.) 443 2. L. polyrhiza, L. Stems roundish or obovate, flat and pale above, convex and dark purple beneath, clustered ; roots numerous, clustered ; ovules 2. — Ponds, Florida, and northward. — Less common than the preceding. Stems 2" -4" long. ORDER 137. TYPHACE^E. (CAT-TAIL FAMILY.) Simple-stemmed marsh herbs, with elongated strap-shaped nerved leaves, and monoecious flowers, on a globular or cylindrical spadix, desti- tute of floral envelopes, but enveloped in copious pappus-like hairs or scales. Spathe bract-like or none. Anthers single or 2 - 4 together, on long and slender filaments. Ovary 1-celled, with a single suspended anatropous ovule. Style slender. Fruit nut-like. Embryo straight in copious albumen. — Sterile spadix placed above the fertile, continuous or distant. 1. TYPHA, Tourn. CAT-TAIL. Flowers densely crowded on a long cylindrical terminal spadix, enveloped in copious pappus-like hairs ; the sterile ones sessile on the upper part of the spa- dix, the fertile on slender stalks. Style filiform : stigma lateral. Embryo cylin- drical, in the axis of fleshy albumen. — Stems straight, from a thick rhizoma, clothed below with the sheathing bases of the elongated linear leaves. Spathes bract-like and deciduous, or none. 1. T. latifolia, L. Stem terete, jointed below; leaves nearly as long as the stem, erect, flat, reticulated and somewhat glaucous ; sterile and fertile por- tions of the spadix contiguous, cylindrical. — Margins of ponds and rivers, Florida, and northward. July and Aug. — Stem 4° - 6° high, scape-like above. Leaves about 1' wide. Spadix about 1° long. — T. angustifolia, L., if found within our limits, may be known by narrower leaves which are channelled near the base, and by the interval which separates the sterile and fertile portions of the spadix. 2. SPARGANIUM, L. BUR-REED. Flowers densely crowded in globular heads, surrounded by several scales like a calyx ; the upper heads sterile, naked, the lower fertile and commonly bracted. Ovary sessile, pointed by the short persistent style. Stigma lateral. Fruit nut- like. Embryo cylindrical, in the axis of fleshy albumen. — Marsh or aquatic plants, with erect stems, and long strap-shaped sessile leaves, the lowest ones sheathing. Heads of flowers scattered. 1. S. ramosum, Huds. ? Leaves flat, obtuse, the upper ones gradually shorter, concave and clasping at the base, the lower sheathing and elongated ; heads 5-9, disposed in axillary and terminal interrupted spikes ; the lowest one larger and pistillate, the others wholly staminate ; scales wedge-shaped ; stigma subulate, simple. (S. Americanum, Ell.) — Lagoons and ditches, Florida, and northward. July. — Stem 2° -3° high. Leaves as long as the stem, 8" -12" wide. Heads of fertile flowers 8" - 10" in diameter. 444 NAIAD ACE.E. (POND WEED FAMILY.) ORDER 138. NAIADACE7E. (PONDWEED FAMILY.) Aquatic herbs, with slender jointed leafy immersed stems, and perfect monoecious or dioecious flowers, destitute of floral envelopes, or with a scale-like calyx. Stamens 1-4: anthers 1-4-celled. Ovary 1-cclled, forming a 1-seeded achenium in fruit. Stigmas 1-4. Seed without al- bumen. Embryo straight, curved, qr coiled. — Leaves sheathing, or with sheathing stipules. Flowers commonly enclosed in a spathe. Synopsis. * Flowers monoecious or dioecious. 1. NAIAS. Stigmas 2-4. Flowers naked. Leaves opposite or whorled. 2. ZOSTERA. Stigmas 2. Flowers enclosed in a spathe. Leaves alternate. 3. ZANNICIIELLIA. Stigma single, peltate. Ovaries 4, from a cup-like involucre. * * Flowers perfect. 4. RUPPIA. Fruit long-peduncled, umbellate. Calyx and corolla none. 5. POTAMOGETON. Fruit sessile, spiked. Calyx 4-leaved- 1. NAIAS, L. Flowers monoecious or dioecious, axillary, sessile, destitute of calyx and co- rolla. Sterile flower monandrous, enclosed in a spathe. Anther 4-celled, open- ing at the apex, the filament lengthening. Fertile flower naked ; the sessile ovary pointed with the slender style. Stigmas 2-4, subulate. Ovule erect. Achenium minute. Embryo straight. Radicle inferior. — Stems filiform, fork- ing. Leaves opposite or whorled, linear, dilated into a short sheath at the base. Flowers solitary, minute. 1. "N. flexilis, Rostk. Stem immersed (1°- 2° long) ; leaves 3 in a whorl, narrow-linear, membranaceous, spreading, minutely denticulate on the margins, the lower ones often remote; stigmas 3 -4; achenium elliptical, acute, smooth, yellowish. (Caulinia flexilis, Willd.} — In ponds and still water, South Caro- lina, and northward. July and Aug. — Leaves about 1' long. Var. ? fusiformis. Stem (6' -12' long) almost capillary, very leafy throughout; leaves opposite, approximate, spreading or recurved (2" -4" long) ; achenium narrowly spindle-shaped, finely reticulated, brownish. — Brackish water along the coast. West Florida. July and Aug. 2. ZOSTERA, L. EEL-GBASS. Flowers monoecious, naked ; the sterile and fertile ones alternately arranged on the anterior edge of a flattened membranaceous spadix, and enclosed in the sheath-like base of the leaves. Anthers oblong, 1 -celled, filled with fine filaments instead of pollen-grains. Ovary fixed near the apex, containing a single pen- dulous orthotropous ovule, and pointed with the subulate persistent style. Stig- mas 2, capillary. Utricle bursting irregularly. Seeds striate. Cotyledons in- flexed-curved, received in a longitudinal cleft of the embryo, — Marine herbs, with creeping stems, and narrowly linear obtuse and elongated sheathing leaves. XAIADACE2E. (PONDWEED FAMILY.) 445 1 . Z. marina, L. Stem slender, terete, jointed ; leaves thin and tender, faintly 3 - 5-nerved ; flowers in two rows on the linear spadix. — Deep salt- water coves. West Florida, and northward. Aug. and Sept. 3. ZANNICHELLIA, L. Flowers monoecious, axillary. Sterile flower consisting of a solitary naked filament bearing a 2 - 4-celled anther. Fertile flower from the same axil, com- posed of 2 - 6 sessile 1-celled ovaries, surrounded by a cup-shaped involucre, and pointed with the slender style. Stigma obliquely peltate. Ovule suspended, orthotropous. Achenium oblong, stalked. Embryo slender, coiled. — Sub- merged aquatic plants, with filiform branching stems, and very narrow and entire alternate leaves, with sheathing stipules. 1. Z. palustris, L. Stems tufted, filiform, alternately branched; leaves narrowly linear, entire, acute, 1 -nerved ; anther 2-celled, on a long and slender filament; achenia 3-6 in a cluster, commonly raised on a short common pe- duncle, each stalked, linear-oblong, somewhat compressed aud curved, smooth and wingless, about one third longer than the persistent style. — Fresh or brack- ish water, West Florida, and northward. May -Aug. — Stems l°-3° long. Leaves 1' - 2' long. 4. RUPPIA, L. DITCH-GRASS. Flowers perfect, naked, two or more on a slender spadix, enclosed in the spathe-like sheaths of the leaves, but soon long-exserted. Stamens 2, closely sessile : anther-cells large, distinct. Ovaries 4, sessile, containing a single sus- pended campylotropous ovule. Stigma peltate. Achenium stalked, obliquely ovate. Embryo pointed by the short plumule. — Salt-water herbs, with filiform branching stems, and alternate linear or bristle-like sheathing leaves. 1 . R. mar itima, L. — In shallow water, along the coast, Florida, and northward. May -Aug. — Stems immersed, l°-3° long, mostly creeping at the base. Leaves filiform, l'-3' long, with dilated membranaceous sheaths. Fruiting peduncles l'-4' long. Achenium pointed. 5. POTAMOGETON, Tourn. PONDWEED. Flowers perfect, spiked. Sepals 4, roundish, valvate in the bud. Stamens 4, opposite the sepals : filaments short : anthers 2-celled. Ovaries 4, sessile. Ovules ascending, campylotropous. Style short or none : stigma peltate. Achenia 1-4, compressed. Embryo curved or coiled. — Aquatic herbs, with immersed slender and jointed stems. Leaves stipulate, alternate and opposite, either all immersed fmd commonly membranaceous, or the upper ones floating and more rigid. Spikes peduncled, axillary and terminal. * Leaves all immersed and alike. •«- Leaves filiform . 1 . P. pectinatllS, L. Stem slender, flexuous ; the branches diffusely forking, distichous ; leaves long, thickish, slightly channelled, approximate on 38 446 NAIADACE^:. (PONDWEED FAMILY.) the branches ; stipules small, united with the long and sheathing base of the leaves ; spikes slender, interrupted, on long filiform peduncles ; achenium obovate, smooth, slightly compressed, keeled on the back. -—Fresh or brackish water, West Florida, and northward. June - Aug. — Stems 2° - 3° long. Leaves 3' - 4' long. Spikes 1 ' - 2' long. 2. P. pauciflorus, Pursh. Stem very slender, flattened, sparingly branched; leaves scattered, thin, 3-nerved, sessile ; stipules free from the leaves, connate, sheathing ; spikes short-peduncled, 4 - 6-flowered, globose in fruit ; achenium round-obovate, short-pointed, keeled and sinuate-toothed on the back. — Shallow ponds, Georgia, and northward. July and Aug. — Stem 1° - 2° long. Leaves 1'- 2' long. Peduncles £'- 1' long. •<- -i- Leaves lanceolate or cordate : stipules free, sheathing. 3. P. perfoliatus, L. Stem terete, branching, very leafy ; leaves ovate, cordate, clasping, obtuse, many-nerved, those at the branches and peduncles opposite ; spikes lateral and terminal, oblong, densely many-flowered, on stout peduncles 2-3 times as long as the leaves ; achenium obliquely obovate, rounded on the back, short-pointed. — Fresh or brackish water, West Florida, and north- ward. July - Sept. — Stems 1° - 2° long. Leaves 6" - 8" long. 4. P. lucens, L. ? Stems sparingly branched ; leaves lanceolate, acute, contracted and sessile at the base, pellucid, 5 - 9-nerved, wavy on the margins ; stipules (white) connate, rounded on the back ; spikes cylindrical, many-flow- ered, on stout peduncles shorter than the leaves ; achenium (immature) oval, compressed, rounded on the back, short-pointed. — Fresh water, Apalachicola, Florida. Aug. — Stems 2° -3° long. Leaves 2' -3' long, equalling the spikes. * * Leaves of two forms ; the immersed ones thin and pellucid, the floating ones long- petioled and somewhat coriaceous. 5. P. fluitans, Roth. Stem simple; leaves many-nerved; the floating ones varying from oblong-lanceolate to ovate, acute at each end, or obtuse or cordate at the base; the others large, oblong, gradually or abruptly short- petioled, undulate ; stipules connate and keeled on the back ; peduncles stout, thickened upward ; spikes long, cylindrical, dense-flowered ; achenium smooth, 1 - 3-keeled on the back. — Fresh-water ponds and streams, Florida, and north- ward. June - Aug. — Leaves 2' - 9' long. P. NATANS, L. probably occurs within our limits, but I have not seen specimens. It may be known by longer-petioled (4'- 12') leaves, more slender peduncles, and rounded stipules and achenia. 6. P. heterophyllllS, Schreber. Stem slender, branching ; floating leaves small, thin, elliptical or oblong-linear, on filiform petioles ; immersed leaves long, sessile, linear or lanceolate ; stipules connate, 2-ribbed; peduncles thickened up- ward ; spikes narrowly cylindrical ; achenium smooth, slightly keeled on the back. — Shallow ponds, North Carolina, and northward. July. — Floating leaves 1'- 2' long. Immersed leaves 4' - 6' long. 7. P. hybridUS, Michx. Small; stems very slender, branched; floating leaves lanceolate or elliptical, commonly acute at each end, shining and strongly ALISMACE^E. (WATER-PLANTAIN FAMILY.) 447 impressed-ncrved, longer than the filiform petioles ; immersed leaves filiform, scattered ; spikes oval or oblong, short-peduncled ; achenium nearly circular, concave on the sides, rugose or tuberculate, and 1 - 3-ridged on the back ; embryo coiled. (P. setaceus, Pursh. P. heterophyllus, Ell. ?) — Shallow ponds, Florida, and northward. June -Aug. — Floating leaves 6" -8" long, com- monly 5-nerved. ORDER 139. ALISMACE^E. (WATER-PLANTAIN FAMILY.) Marsh herbs, usually with creeping runners or rootstocks, nerved and reticulated sheathing leaves, and scape-like stems, bearing the perfect or monoecious flowers in spikes or whorled racemes. — Sepals and petals 3, or the latter sometimes wanting. Stamens few or numerous : anthers 2- celled. Ovaries 3 or many, with 1-2 anatropous or campylotropous erect ovules. Style short or none. Achenium coriaceous, 1 - 2-seeded. Em- bryo straight or curved, without albumen. Synopsis. SUBORDER I. JTINCAGINE^E. Sepals and petals (when present) greenish. Ovule anatropous. Embryo straight 1. TRIGLOCHIN. Leaves rush-like. Flowers in spiked racemes. SUBORDER II. ALISME2E. Petals white, deciduous. Ovule cam- pylotropous. Embryo curved or hooked. 2. ALISMA. Flowers perfect. Achenia whorled. Racemes compound. 3. ECHINODORUS. Flowers perfect. Achenia clustered in a head. 4. SAGITTARIA. Flowers monoecious. Achenia clustered in a head. 1. TRIGLOCHIN, L. Flowers perfect, in a spiked raceme. Sepals 3. Petals 3, and greenish, like the sepals, or none. Anthers 3-6, nearly sessile, oval. Ovaries 3-6, united around a central axis, from which they separate at maturity, 1-ovuled. Stigmas plumose. Embryo straight. — Leaves rush-like, fleshy, 2-ranked. Flowers small, bractless. 1. T. triandrum, Michx. Leaves erect, linear-subulate, semi-terete, di- lated at the base and sheathing the base of the terete scape ; flowers very numer- ous, on short pedicels ; sepals oval, deciduous ; petals none ; anthers and ovaries 3; fruit globose-triangular, pointless, when dry 3-winged by the compressed 3-ribbed achenia ; embryo oblong. — Salt marshes along the coast, West Florida to North Carolina. Aug. - Sept. — Scape and leaves £° - 1° high. 2. ALISMA, L. WATER-PLANTAIN. Flowers perfect in a whorled panicle. Sepals 3. Petals 3, involute in the bud, deciduous. Stamens 6 - 12. Ovaries numerous in a simple whorl. Style 448 ALISMACEwE. ( WATER-PLANTAIN FAMILY.) short. Achenium 1 -seeded, 2- 3-keeled on the back. — Roots fibrous. Leaves mostly oval or cordate, nerved, shorter than the scape. Flowers white. 1. A. PlantagO, L. Leaves long-petioled, ovate or oblong, acute, rounded or cordate at the base, 3 - 9-nerved ; panicle large, lax, the whorled branches and elongated filiform pedicels bracted at the base; achenia obtuse, 15-20 in a whorl. (A. trivialis, and A. parviflora, Pursh.) — Ditches and margins of ponds in the upper districts, Georgia, and northward. July and Aug. — Leaves 2'- 4' long. Panicle 1 ° - 2° long. 3. ECHINODOBUS, Richard. Flowers perfect, mostly in whorled racemes. Sepals 3. Petals 3, imbricated in the bud, withering. Stamens few or numerous. Ovaries few or many, im- bricated, forming ribbed achenia in fruit, usually beaked with the persistent style. — Herbs, with petioled nerved leaves. Heads mostly bur-like. 1. E. parvulus, Engelm. Small; leaves lanceolate or spatulate, mostly acute, finely nerved and somewhat pinnately-veined, commonly shorter than the single or clustered 1 - 6-flowered scapes ; flowers mostly clustered or umbelled, on long bracted pedicels which are recurved in fruit, stamens 9 ; achenia few, shorter than the ovate sepals, obovate, flattened at the sides, and surrounded with 5 prominent ribs, beakless. — Margins of shallow ponds, Middle Florida, and westward. July and Aug. — Scapes l'-4' high. Achenia black and shining. 2. E. rostratus, Engelm. Leaves varying from lanceolate to ovate, acute attach end, or rounded or cordate at the base, 5-nerved, about as long as the petiole ; scape rigid, erect, longer than the leaves ; whorls few ; pedicels erect or spreading ; sepals ovate, many-nerved, shorter than the oval bur-like head ; sta- mens 12 ; style longer than the ovary; achenia numerous, strongly 3-ribbed on the back, with fainter lateral and intermediate ribs, beaked with the long persist- ent style. — South Florida, and westward. — Scape simple, 3'- 8' high, or oc- casionally 2° high and paniculately branched. Leaves 1' -2' long. Flowers 5" wide. 3. E. radicans, Engelm. Leaves large, long-petioled, ovate, cordate or truncate at the base, obtuse, 7 - 9-ribbed ; scape elongated, prostrate, rooting and proliferous; whorls several, remote; pedicels slender, spreading, or recurved; stamens about 20 ; style shorter than the ovary ; heads globose, longer than the many-nerved sepals ; achenia very numerous, short-beaked, ribbed and slightly denticulate on the back. (Alisma radicans, Nutt.) — Swamps, Florida to North Carolina, and westward. July - Sept. — Scape 2° - 4° long. Leaves 3' - 8' long. Flowers 8" -12" wide. 4. SAGITTARIA, L. ARROW-GRASS. Flowers monoecious, in a whorled raceme, the upper ones sterile. Sepals 3, persistent. Petals 3, imbricated in the bud, withering. Stamens few or many. Ovai-ies crowded in a globular head. Achenia flat, membranaceous, winged. — Marsh or aquatic herbs, with scape-like stems, and variously-shaped nerved and ALISMACE^E. (\VATER-PLANTAIN FAMILY.) 449 reticulated sheathing leaves, which are often without a blade. Flowers white, commonly 3 in a whorl from the axils of persistent bracts. # Filaments long and slender. 1. S. falcata, Pursh. Tall; leaves erect, rigid, broadly lanceolate, acute at each end, pinnately nerved, on long and stout petioles ; scape longer than the leaves, often branching above ; pedicels of the sterile flowers slender, longer than those of the fertile ones; bracts and sepals ovate, obtuse, granular-roughened; stamens numerous, with hairy filaments ; achenia obliquely obovatc, wing-keeled, strongly beaked. (S. lancifolia, Michx.) — Lakes and rivers, Florida to South Carolina, and westward. June -Sept. — Scape 2° -5° high. Leaves l°-2° long. Flowers l'-l£' wide. 2. S. variabilis, Engelm. Leaves mostly sagittate, acute or obtuse, vary- ing from linear to broadly ovate, smooth, or rarely, like the scape, bracts, and sepals, pubescent; bracts acute; flowers mostly large; pedicels of the sterile flowers twice as long as those of the fertile ones ; achenia obovate, beaked ; fila- ments smooth. (S. sagittifolia, hastata, pubescens, &c. of authors.) — Marshes, ditches, &c., Florida, and northward. July -Sept. — Scape l°-3° high, an- gled. Leaves 2' - 12' long. * * Filaments short, thickened at the base. 3. S. heterophylla, Pursh. Scape weak; leaves linear or lanceolate, and acute at each end, or elliptical, and obtuse or sagittate at the base ; bracts obtuse ; sterile flowers on long and slender pedicels ; the fertile ones nearly sessile ; achenia narrowly obovate, long-beaked. — Margins of ponds and streams, Florida, and northward. — Leaves 2' -4' long. Scape few-flowered, the lowest whorl only bearing fertile flowers. 4. S. simplex, Pursh. Scape slender, commonly prostrate in fruit, simple or branched ; leaves linear or lanceolate, acute at each end, 3-nerved, erect, the earliest mostly destitute of a blade ; bracts membranaceous ; flowers small, all on long filiform pedicels; stamens 10-12, hairy at the base; achenia obovate, wing-keeled, beakless. (S. graminea, Michx.) — Shallow ponds in the pine bar- rens, Florida, and northward. May - Oct. — Scape 10' - 1 5' high, usually longer than the leaves. 5. S. natans, Michx. Small; leaves floating, ovate-oblong or elliptical, obtuse at each end or the lowest slightly cordate, 5 - 7-nerved, about as long as the few-flowered scape : bracts membranaceous, acute ; pedicels of the fertile flowers stouter than those of the sterile ones, recurved in fruit ; stamens 7 or 8 ; achenia obovate, 3-ribbed on the back, short-beaked. — Shallow ponds and streams, Florida to South Carolina. June - Sept. — Scapes 3' - 6' long. Leaves 1'- 2' long. Var. lorata. Leaves strap-shaped, obtuse, without a blade, nerveless ; scapes floating or erect; flowers sometimes dioecious; achenia conspicuously beaked, pimpled. — Brackish water, along the west coast of Florida. May -Sept. — When growing in deep water the floating scapes are 2° -3° long; when on muddy banks, only 3' - 5' high, and the short leaves bear much resemblance to those of Crantzia lineata. In this" state it is probably S. pusilla, Pursh. 38* 450 HYDROCHARIDACEJE. (FROG's-BIT FAMILY.) ORDER 140. HYDROCHARIDACE^E. (FROG'S-BIT FAMILY.) Aquatic herbs, with monoecious or dioecious flowers, from a membrana- ceous spathe. Sepals and petals 3, or the latter wanting, distinct in the sterile flower, united into a tube in the fertile, and coherent with the 1-9- celled ovary. Stamens 3-12. Ovules numerous, ascending, orthotropous. Stigmas 3-9. Fruit indehiscent, many-seeded. Embryo straight, without albumen. Synopsis. * Ovary 1-celled. Stigmas 3. 1. ANACHARIS. Flowers polygamo-dioecious. Spathe sessile. Stamens 9. Leaves short, opposite or whorled. 2. VALLISNERIA. Flowers dioecious. Spathe peduncled. Stamens 3. Leaves long, linear. * * Cells of the ovary and stigmas 6-9. 3. LIMNOBIUM. Flowers monoecious. Stamens 6-9, monadelphous. Leaves cordate, petioled. 1. ANACHARIS, Rich. Flowers dioeciously polygamous, enclosed in the bud in a 2-cleft axillary sessile spathe. Sterile flowers minute. Sepals and petals 3. Anthers 9. Fer- tile flowers pistillate or perfect. Sepals and petals united into a very long and slender 6-parted tube. Stamens 3-6, perfect or sterile. Ovary 1-celled, with three parietal placenta?, few-ovuled. Style capillary, adnate to the tube. Stig- mas 3, each 2-lobed, exserted. Fruit oblong, coriaceous. — Perennial herbs, with elongated filiform branching immersed stems, and small and very numer- ous opposite or whorled leaves. Fertilization effected by the sterile flowers breaking away from the stem, and expanding at the surface among the floating stigmas. 1. A. Canadensis, Planch. Stem much branched; leaves 3-4 in a whorl, sessile, varying from linear to elliptical, 1 -nerved, pellucid and minutely serrulate. (Udora Canadensis, Nutt.) — In slow-flowing streams and ponds, Cherokee, North Carolina, Curtis, and northward. July and Aug. — Leaves 3" -6" long. 2. VALLISNERIA, Micheli. TAPE-GRASS. Flowers dioecious. Sterile flowers numerous, minute, crowded on a spadix, which is enclosed in an ovate 3-leaved short-stalked spathe. Calyx 3-parted. Corolla none. Stamens 3. Fertile flowers solitary, enclosed in a tubular spathe, attd borne on a very long and mostly spiral scape. Sepals and small petals 3, united and coherent with the cylindrical 1-celled many-ovuled ovary. Stigmas 3, each 2-lobed. Seeds numerous, fixed to three parietal placentae. — Aquatic herbs, with creeping stems, and elongated strap-shaped leaves. Fertilization effected mostly as in Anacharis. • BURMANNIACEJ3. (BURMANNIA FAMILY.) 451 1 . V. spiralis, L. — Slow-flowing streams and ponds, Florida, and north- ward. July - Sept. 1\|. — Plant creeping, proliferous. Leaves strap-shaped, obtuse, 5-9-nerved, sharply serrulatex l°-3° long, 6" -12" wide. Scape of the sterile flowers 1'- 4' long, of the fertile ones 2° - 5° long. Fruit 1'- 3' long, often curved. 3. LIMNOBIUM, Richard. Flowers monoecious, from a membranaceous mostly sessile spathe, peduncled. Sterile spathe entire, 2-3-flowered; the fertile 3-leaved, 1-flowercd. Sepals and petals 3, united in the fertile flower, and coherent with the ovary. Stamens 6 - 12, monadelphous : anthers linear. Ovary 6 - 9-celled, with as many central placenta;, forming a many-seeded berry in fruit. Stigmas 6-9, each 2-parted. — A floating aquatic herb, with copious pendent roots, long-petioled round- cordate and many-nerved leaves, and small white flowers. I . L. Spongia, Eichard. Stems extensively proliferous ; leaves purplish beneath, and with air-cells near the base ; sterile peduncles tender, soon vanish- ing ; the fertile ones commonly short and thick, recurved in fruit ; petals oblong, alternating in the fertile flower with a pair of minute sterile filaments. (Hydro- charis spongiosa, Bosc.) — Still water, Florida, and northward. July and Aug. . — Leaves 2' - 4' wide. ORDER 141. BURMANNIACEJ2. (BURMANNIA FAMILY.) Small herbs, with filiform stems, scale-like leaves, and regular perfect flowers. — Sepals and petals united to form a tubular unequally 6-cleft corolla-like perianth, with the tube coherent with the 1 or 3-celled many- ovuled ovary. Stamens 3 or 6, inserted on the tube of the perianth: anther-cells separate, 2-lobed, opening crosswise. Style slender : stigmas 3, dilated. Placentae 3, central or parietal. Capsule many-seeded. Seeds minute, with a loose or reticulated testa. 1. BURMANNIA, L. Tube of the perianth mostly 3-angled or 3-winged, 6-cleft, withering-persist- ent ; the three interior lobes smaller. Stamens 3, very short, inserted opposite the interior lobes of the perianth. Ovary 3-celled, with three thick 2-lobed cen- tral placentas. Stigmas globose, dilated or 2-lobed. Capsule splitting at the apex into 3 valves. — Radical leaves crowded and grass-like, or none ; those of the stem minute, scale-like. Flowers racemose or clustered. 1. B. biflora, L. Stem simple, or forked above, 1 - several-flowered ; leaves subulate, scattered ; perianth blue, broadly 3-winged, the exterior lobes erect, ovate, acute, the interior linear and incurved; seeds oblong, striate. (Tripte- rella coerulea, Michx.) — Grassy or mossy margins of swamps and ponds, Flor- ida to North Carolina. Sept. -Nov. — Stem l'-5' high. In this and the following species the seeds escape through irregular fissures at the sides of the capsule. 452 ORCHIDACE^E. (ORCHIS FAMILY.) 2. B. capitata. Stems setaceous, simple ; leaves subulate, scattered ; flowers several in a terminal cluster, white, tinged with blue ; perianth 3-angled, wingless, the interior lobes linear, erect ; seeds linear-oblong, spirally striate. (Tripterella capitata, Michx.) — Low or swampy pine barrens, Florida to North Carolina. Sept. - Nov. — Stems 2' - 6' high. 2. APTERIA, Nutt. Perianth terete, tubular-bell-shaped, 6-cleft, with the 3 interior lobes smaller. Stamens 3, very short, opposite the interior lobes of the perianth, the filaments flat and orbicular at the apex : anthers closely adhering to the globose stigmas. Ovary 1-celled, with three 2-winged parietal placentae. Capsule obovate, split- ting from the base into three valves, which remain attached to the apex of the persistent placentae. Seeds ovoid. — A small perennial herb, with subulate bract-like leaves, and scattered nodding flowers. 1. A. setacea, Nutt. Deep shady woods, along the margins of swamps, Florida, Georgia, and westward. Sept. and Oct. — Stem erect or ascending, purple, filiform, simple or branched, 2' - 8' high. Leaves scattered. Flowers few, distant, on nodding pedicels. Perianth white, 5" long. ORDER 142. ORCHIDACE^E. (ORCHIS FAMILY.) Perennial herbs, with simple stems, from thick fibrous or tuberous roots, nerved leaves, and irregular often showy flowers. — Perianth 6-parted, united below with the 1-celled ovary ; the three outer divisions (calyx) and commonly two of the inner ones (petals) similar in form ; but the third, posterior, or, by the twisting of the ovary, anterior one (Labellum or Lip) differs from the others in form, and often bears a spur or prominence at the base beneath. Stamens 3, united with the style into a column, one or (in Cypripedium) two only bearing a 2-celled anther. Pollen- grains cohering in 2, 4, or 8 waxy or powdery masses (Pollinia). Cap- sule with three parietal placentae, splitting at the sides into three valves. Seeds very numerous, minute, covered with a loose membranaceous testa. Albumen none. — Plants mostly smooth and more or less succulent. Leaves almost always alternate, sheathing and entire. Stems leafy or scape-like. Flowers bracted, solitary, spiked, or racemed, and remark- able for their various and singular forms. Synopsis. I. Anther solitary, fixed to the apex of the column like a lid, deciduous. TRIBE I. MAL AXIDE^E. — Pollen in smooth -waxy masses, without stalks or connect- ing tissue. — Roots tuberous. * Stems leafy. 1. MICROSTYLIS. Lip cordate or sagittate. Column minute, 2-toothed at the apex. 2. LIPARIS. Lip entire. Column elongated, incurred, margined at the apex. ORCHIDACEJE. (ORCHIS FAMILY.) 453 * * Stems sheathed. 3. CORALLORHIZA. Spur of the lip short and adnate to the ovary. Root branching, toothed. 4. APLECTRDM. Lip spurless. Root of two solid connected tubers, bearing a single leaf. TRIBE II. EPIDE1VDRE.3E. — Pollen in smooth waxy masses connected by elastic tissue. 5. EPIDENDRUM. Pollen-masses 4. Claw of the spurless lip adnate to the column. 6. TIPULARIA. Pollen-masses 4. Lip free, spurred. Stem sheathed. 7. BLETIA. Pollen-masses 8. Lip free, hooded, spurless. TRIBE in. ARETHUSEJE. — Pollen in loose powdery masses. Lip crested. 8. CALOPOGON. Pollen-masses 2, bipartible. Column incurved, winged at the apex. 9. POQONIA. Pollen-masses 2. Column wingless, club-shaped. 10. ARETUUSA. Pollen-masses 4. Column petal-like. Root a solid tuber. II. Anther solitary, adnate to the column, erect, persistent. TRIBE IV. OPHRYDEJE. — Anther adnate to the apex of the column, the cells sep- arate. Pollen cohering in numberless waxy grains, which are collected by elastic tissue into a large mass, and attached to a gland of the stigma by an elastic stalk. Lip spurred. 11. ORCHIS. Anther-cells contiguous, parallel. Glands of the stigma covered with a common hood-like fold of the stigma. 12. GYMNADENIA. Anther-cells contiguous, parallel. Glands of the stigma naked. 13. PLATANTIIEIIA. Anther-cells diverging from the base. Glands of the stigma naked. 14. HABENARIA. Anther-cells diverging. Glands naked. Throat of the stigma furnished with variously shaped appendages. TRIBE V. NEOTTIE^J. —Anther attached to the back of the column, parallel with the stigma ; the cells approximate. Pollen powdery. * Pollen-masses 2. 15 SPIRANTHES. Lip nearly entire, clasping the column, obtuse. 16. GOODYERA. Lip sessile, entire, contracted above the middle, slender-pointed. 17. LISTERA. Lip 2-cleft. Stem with a pair of ovate opposite leaves. * * Pollen-masses 4. 18. PONTHIEVA. Claws of the petals and lip adnate to the column. III. Anthers two, fixed beneath the lateral lobes of the column. TRIBE VI. C YPRIPEDIEJE. — Column appendaged by the petal-like sterile stamen. 19. CYPRIPEDIUM. Lip large, inflated. Leaves large, plaited. 1. MICROSTYLIS, Nutt. ADDER'S-MOUTH. Sepals oblong, spreading. Petals filiform. Lip cordate or sagittate, entire or nearly so, sessile. Column minute, 2-toothed at the apex. Anther lid-like. Pollen-masses 4, collateral, united by pairs at the apex. — Low herbs, from bulbous roots. Stem 1 - 2-leaved, sheathed below. Flowers racemed or spiked, minute, greenish. 1. M. ophioglossoides, Nutt. Leaf solitary near the middle of the 5-angled stem, ovate, clasping; raceme short, with the unexpanded flowers crowded in a globular head, elongated in fruit ; pedicels slender, much longer than the flowers ; lip auricled at the base, 3-toothed at the apex. (Malaxis ophi- oglossoides, MM.) — Low shady woods, Florida, and northward. July and Aug. — Stem 4' - 8' high. Leaf 1 ' - 2' long. Flowers ^" wide. 454 ORCHIDACE^:. (ORCHIS FAMILY.) 2. M. Floridana, n. sp. Leaves 2, near the base of the 3-angled stem, unequal, ovate, or elliptical, mostly acute, sheathing; raceme slender, acute, elongated in fruit, many-flowered ; pedicels longer than the flowers ; sepals ob- long, spreading, with the margins revolute ; petals filiform, reflexed, twisted ; lip round-auriculate-cordate, abruptly narrowed and entire at the apex, depressed at the sinus ; capsule oblong or obovate. — Wet shady woods, Apalachicola, Flor- ida. July and Aug. — Stem 6' -12' high. Leaves l'-4' long. Flowers 1" wide. 2. LIPARIS, Eichard. TWAYBLADE. Sepals spreading. Petals linear or filiform, spreading or reflexed. Lip entire, flat, often with two tubercles above the base. Column long, semi-terete, incurved, margined at the apex. Pollen-masses 4, collateral, united by pairs at the apex. — Low herbs, from bulbous roots. Leaves 2, sheathing the base of the scape-like stem. Flowers racemed, greenish or purplish. 1. L. liliifolia, Richard. Leaves elliptical, obtuse, sheathed at the base ; scape 3-angled, 10 - 20-flowered, longer than the leaves; sepals linear, whitish ; petals filiform, reflexed, yellowish ; lip large, wedge-obovate, concave, abruptly pointed, brownish-purple. (Malaxis liliifolia, Sivartz.) — Low shady woods and banks in the upper districts, Georgia, and northward. June and July. — Scape 5; - 10' high. Leaves 2' - 4' long. Lip £' long. 3. CORALLORHIZA, Haller. COBAL-ROOT. Sepals and petals alike, oblong or lanceolate, connivent Lip clasping the base of the straight 2-edged column, spreading and concave above, 2-ridged near the base, spurless, or with the spur adnate to the ovary. Anther lid-like. Pol- len-masses 4, incumbent. — Low dull-colored leafless herbs, with coral-like roots, sheathed stems, and racemose flowers. 1. C. odontorhiza, Nutt. Root pinnately branched and toothed ; stem tumid at the base, slender above ; sheaths 3, elongated ; racemes 10 - 15-flowered ; sepals and the rather shorter spotted petals erect, lanceolate, obtuse ; lip entire, longer than the sepals, distinctly clawed, the spreading limb oval, concave, 3-nerved, with two tooth-like ridges in the throat, white spotted with purple ; the margins crenulate below the middle and involute above ; margins of the col- umn thickened and incurved at the base; capsule oval, nodding. — Shady woods, Florida, and northward. Feb. and March. — Stem 8' - 16' high. Lip 4" long. 2. C. micrantha, n. sp. Root toothed ; stem low, rigid ; sheaths 2, abruptly pointed; raceme 6- 12-flowered ; flowers very small (1''-!^" long), erect ; sepals and petals nearly equal, linear, erect ; lip short-clawed, entire, oval, concave, denticulate on the margins, without teeth or ridges, shorter than the sepals, white spotted with purple ; capsule obovate, nodding. — Shady woods, Florida and Georgia. Aug. and Sept. — Stem 3' - 6' high. 3. C. innata, R. Brown. Root branching; stem slender; sheaths 3; the upper one elongated and often leaf-like at the apex; raceme 5- 12-flowered; lip ORCHIDACE^E. (ORCHIS FAMILY.) 455 somewhat hastate, 3-lobed above the base, with two distinct ridges on the face, white spotted with crimson ; sepals and petals oblong-lanceolate, brownish ; cap- sule oval or elliptical. — Damp shady woods, Georgia, and northward. Sept. and Oct. — A vernal species in the Northern States. 4. APLECTRUM, Nutt. PUTTY-ROOT. Sepals and petals alike, linear-oblong, erect. Lip spurless, short-clawed, 3-lobcd and 3-ridged at the throat. Column straightish, cylindrical. Anther lid-like, slightly lateral. Pollen-masses 4. — Root tuberous, proliferous, very glutinous within, first bearing a single large plaited and petioled leaf, which is persistent through the winter, and afterward a 3-sheathed scape, with a raceme of yellowish flowers at the summit. 1. A. kiemale, Nutt. (Corallorhiza hiemalis, Ell. Limodorum trifidum, Michx.) — Rich woods, chiefly in the upper districts, and northward. April and May. — Leaf oval, many-nerved, 4'— 6' long. Scape 1 2' - 1 5' high, 10-1 5-flow- ered. Sepals and petals yellowish, tipped with brownish purple. Lip whitish, spotted, the middle lobe rounded and crenulate on the margins. Capsule re- flexed. 5. EPIDENDRUM, L. TREE-ORCHIS. Sepals and petals nearly equal and alike, widely spreading. Lip with the claw wholly or partly adnate to the elongated margined or winged column, en- tire or parted, mostly rigid or tubercled on the face. Spur none, or adnate to the ovary. Column prolonged at the apex into a toothed or fimbriate cup. Anther lid-like, somewhat 4-celled. Pollen-masses 4, lenticular, stalked. — Stemless herbs, from a tuberous or creeping rhizoma, clinging to the bark of trees by thick and matted roots. Leaves sheathing, rigid, perennial. Scape sheathed or bracted, bearing a raceme of greenish and purplish flowers. 1. E. COnopseum, Ait. Scape few - many-flowered ; leaves 1 - 3, coria- ceous, lanceolate, acute, spreading ; bracts subulate, the lowest somewhat leafy ; sepals spatulate, obtuse, with revolute margins ; petals linear-spatulate, obtuse ; lip 2-tubercled at the base, 3-lobed, the lateral lobes rounded and crenulate, the middle one notched at the apex, the claw wholly adnate to the slightly margined column. — On various trees, but chiefly on Magnolias, Florida to South Caro- lina. Aug.— Scape 2' -8' high. Leaves 1'- 3' long. Flowers 4" - 5" long, green tinged with purple. 2. E. venosum, Lindl. Scape tumid at the base, 5 - 7-flowered ; leaves 2, linear-lanceolate, abruptly pointed ; bracts short, ovate ; sepals and petals spatulate-lanceolate, acute ; lip 3-parted, 2-crested in the middle ; the lateral lobes oblong, acute; the middle one wedge-shaped, notched at the apex, the claw partly adnate to the 2-winged column. — South Florida, Dr. Blodgett. — Scape 1° high, invested with numerous short whitish sheaths. Leaves 4' -5' long. Flowers 8" long. 456 ORCHID ACEJ2. (ORCHIS FAMILY.) 6. TIPULABIA, Nutt. Sepals and petals oblong, spreading. Lip long-spurred, 3-lobed, the lateral lobes short and triangular, the middle lobe linear. Spur filiform, ascending. Column slender, wingless. Anther lid-like. Pollen-masses 4, stalked, waxy. — Root tuberous, proliferous, first producing a single ovate leaf, on a sheathed petiole, afterward a slender sheathed scape, ending in a long raceme of numer- ous greenish flowers. 1 • T. discolor, Nutt. — Shady banks, Florida, and northward. Aug. — Scape about 1° high. Leaf 1'- 2' long, acute, somewhat plaited and many- nerved, purple beneath. Flowers small, nodding, bractless. Spur about 1' long. 7. BLETIA, Ruiz and Pavon. Sepals and petals alike and nearly equal, spreading. Lip spurless, jointed, 3-lobed, crested on the face. Column free, elongated, semi-terete. Anther lid-like, fleshy. Pollen-masses 8, by pairs, with a stalk to each pair, waxy, becoming powdery. — Scape from tuberous rootstocks, sheathed or scaly, many- flowered. Leaves sheathing the base of the scape, narrow, plaited, sometimes wanting. Flowers spicate or racemose, mostly showy. 1. B. aphylla, Nutt. Leafless; scape stout, terete, tapering into the many-flowered spike; sheaths several, short, the upper ones passing into the ovate acuminate bracts; flowers spreading, brownish, striped with purple; sepals and petals oblong-lanceolate, oblique ; lip concave, emarginate, with a 6-ridged crest along the middle, the lateral lobes erect. — Rich shaded soil, Florida to North Carolina, and westward. July and Aug. — Root consisting of horizontal, jointed tubers. Scape 1°- 1 J° high. Perianth \|' long. 2. B. verecunda, Swartz. Scape leafy at the base, many-flowered ; leaves lanceolate, plaited, strongly nerved ; petals and sepals greenish, the former con- nivent ; lip saccate, wavy and furrowed, emarginate. — Open pine( barrens, Middle and East Florida. July. — Scape 1° - 1 J.° high. Leaves 6' - 9' long. 8. CALOPOGON, R. Brown. Sepals unequal, the two lateral ones broader and oblique. Lip (by the untwisted ovary) brought to the upper or inner side of the flower, dilated at the apex, bearded on the face, and narrowed into a hinge-like claw. Column long, incurved, winged at the apex. Anther terminal, lid-like, sessile. Pollen- masses 2, powdery. — Scape erect from a solid tuber, sheathed at the base, bearing below the middle a single narrow sheathing leaf, and terminated with a loose spike of showy flowers. 1. C. pulchellus, R. Br. Scape 2-8-flowered; leaf linear-lanceolate, erect, keeled, many-nerved ; flowers large, mostly approximate, bright purple ; lateral sepals obliquely ovate, abruptly pointed, shorter than the lanceolate obtuse petals ; lip broadly obcordate, acutely 2-eared at the base ; filaments of the crest decurrent on the claw, the lower ones purple and united ; ovary ORCHIDACE^E. (ORCHIS FAMILY.) 457 straight, 2-3 times as long as the lanceolate-subulate bracts. — Swamps, Florida, and northward. June. — Scape l£°-2° high. Leaves 6' -12' long. Flowers I'-l^' wide. 2. C. pallidus, n. sp. Scape 10-20-flowered; leaf linear, erect, keeled, few-nerved ; flowers scattered, white tinged with purple ; lateral sepals obliquely oblong, shorter than the linear-lanceolate acute petals ; lip wedge-obovate, abruptly short-pointed, obtusely 2-earcd at the base ; filaments of the ' crest mostly united and purple at the base; ovary, straight, scarcely longer than the subulate bract. — Wet pine barrens, "West Florida, near the coast, to North Carolina. May. — Scape 1°- l£° high. Leaves 6' -9' long. Flowers 9" -12" wide. 3. C. parviflorus, Lindl. Scape 3 - 6-flowered ; leaf linear, concave, appressed to the scape; flowers approximate, bright purple; lateral sepals oblong, curved, acute, longer than the oblong-lanceolate, obtuse petals ; lip wcdge-obovate, emarginate, winged at the base ; filaments of the crest all yellow and distinct; ovary curved, four times as long as the ovate-acuminate bract. (C. pulchellus, var. graminifolius, Ell.) — Wet pine barrens, Florida to North Carolina. March and April. — Scape 6'- 12' high. Leaves 3'- 5' long. Flow- ers 8" -10" wide. 4. C. multiflorus, Lindl. Scape 7 - 14-flowered ; leaves mostly two, linear, rigid, concave, erect ; flowers approximate, deep purple ; lip wedge- shaped, pointed, winged at the base, bearded in the middle with uniform, filiform hairs ; sepals and petals ovate, acute. — South Florida. — Plant 1° high. Leaves 3' - 5' long. Flowers of the size of the preceding. 9. POGONIA, Juss. Sepals and petals alike, or the former narrower and elongated. Lip mostly crested and 3-lobed. Column club-shaped, wingless. Anther lid-like, stalked. Pollen-masses 2, powdery. — Stems erect from thick fibrous or tuberous roots, sheathed at the base, few-leaved, 1- or few-flowered. Leaves alternate or whorled. Flowers nodding, showy. * Sepals and petals nearly alike, erect. 1. P. ophioglossoides, Nutt. Root fibrous; leaves 2, sessile, lanceo- late, the upper one terminal and smaller; flower mostly solitary, terminal, sessile, pale rose-color ; sepals lanceolate, as long as the oval or oblong petals ; lip spatulate, flat, yellow-crested, fimbriate on the margins, longer than the petals, and twice as long as the thick column. — Swamps, Florida, and north- ward. April and May. — Stem 6'- 12' high. Flowers \' long. 2. P. pendula, Lindl. Root tuberous; leaves several, short, alternate, ovate, clasping ; flowers 3-7, axillary, long-peduncled, drooping, whitish ; sepals and petals lanceolate, acute ; lip spatulate, somewhat 3-lobed, roughened but not crested, rather shorter than the petals, longer than the column. (Tri- phora pendula, Nutt.) — Rich shady woods, Middle Florida, and northward.* July and Aug. — Stem 4' - 8' high. Leaves 6" - 9" long. 39 458 ORCHIDACE.E. (ORCHIS FAMILY.) * Sepals (brown) linear, spreading, much longer than the erect petals : lip crested, 3-lobed. 3. P. divaricata, R. Br. Leaves 2, sessile, lanceolate, one near the middle of the stem, the other smaller and bract-like at the base of the solitary terminal flower; sepals purplish-brown, broadly linear, and, like the flesh- colored lanceolate petals, recurved at the apex ; lip half-cylindrical, wavy and crenulate on the margins, 3-lobed at the apex, greenish veined with purple; crest beardless. — Swamps, Florida to North Carolina. May. — Stem l°-2° high. Leaves 2'- 57 long. Sepals 1'- l£' long. 4. P. verticillata, Nutt. Leaves 5, obovate-oblong, abruptly pointed, whorled at the base of the solitary reddish-brown flower ; sepals linear, spread- ing, 3 times as long as the erect oblong yellowish petals, and yellowish 3-lobed wavy lip. — Low shady woods, Florida, and northward. May. — Stem 1° high. Leaves enlarged in fruit. Flower peduncled. Sepals 2' long. • 10. AKETHTJSA, Gronov. Sepals and petals alike and nearly equal, cohering at the base, arching and connivent over the column. Lip adnate to the base of the column, dilated and bent downward above the middle, crested within. Column incurved, expanded and petal-like at the apex. Anther terminal, lid-like, with the cells approxi- mate. Pollen-masses 4, powdery. — Scape erect from a solid globular tuber, sheathed, bearing a single large terminal flower. 1. A. bulbosa, L. — Bogs on the mountains of Carolina, Michaux, and northward. May. — Scape 6' - 9' high. Sheaths 3-4, the uppermost enclosing a linear late-developed leaf. Flower l'-2' long, 2-bracted, bright purple and fragrant. 11. ORCHIS, L. ORCHIS. Sepals and petals nearly equal, arching and connivent over the column, or the lateral sepals spreading. Lip adnate to the base of the column, depending, spurred at the base. Anther terminal, erect, the cells contiguous and parallel. Pollen-masses 2, waxy, stalked, and, with the two distinct glands, enclosed in a common sac or fold of the stigma. — Stem mostly scape-like, leafy at the base. Flowers showy, spiked. 1. O. spectabilis, L. Leaves 2, obovate-oblong, about as long as the 3 - 5-flowered 5-angled scape ; bracts lanceolate, leafy, mostly longer than the flowers ; sepals and petals connivent, oblong, purple ; lip white, obovate, entire, crenulate, as long as the club-shaped spur. — Rich shady woods in the upper districts, and northward. May. — Eoot of thick clustered fibres. Scape 4' - 6' high. Flowers 6" - 8" long. 12. GYMNADEWTA, R. Brown. " Sepals and petals nearly equal, the lateral sepals spreading, the upper, with the rather shorter petals, arching and connivent over the short column. Lip ORCHIDACEJS. (ORCHIS FAMILY.) 459 adnate to the base of the column, spurred at the base. Anther erect, the cells contiguous and parallel. Pollen-masses waxy, fixed by a stalk to the naked glands of the stigma. — Stems leafy. Flowers small, spiked. * Ovary twisted; the lip therefore anterior. 1. G. flava, Lindt. Stem slender (1° high); lowest leaf (4' -6' long) lanceolate, sheathing, the others (6-8) small, the uppermost passing into the subulate bracts of the short (l'-2' long) oblong densely many-flowered spike; flowers orange-yellow ; lip ovate, slightly crenate ; spur filiform, depending, shorter than the ovary. (Orchis flava, Nutt., not of Linn.} — Open grassy swamps in the pine barrens, Florida, and northward. July and Aug. 2. G. tridentata, Lindl. Stem (9' -12' high) scape-like above; lowest leaf (4' -6' long) lanceolate-oblong, tapering into a sheathing base, obtuse, the others small, scattered, passing into the bracts; spike (l'-2' long) loosely 4- 12-flowered ; flowers yellowish-green ; lip truncate, 3-toothed at the apex, longer than the petals ; spur slender, club-shaped at the apex, curving upward, longer than the ovary. (Orchis clavellata, Michx.) — Low shady woods in the upper districts, Mississippi to North Carolina, and northward. July. * * Ovary straight : Up posterior. 3. G. nivea, Gray&Engelm. Stem slender (l°-l£° high); leaves nu- merous, one or two of the lower ones linear (4' -8' long), the others small and bract-like; spike (2' -4' long) cylindrical, loosely many-flowered ; flowers white; lateral sepals ovate, slightly eared at the base ; petals and entire lip linear-oblong ; spur filiform, ascending, as long as the white roughish ovary. (Orchis nivea, Nutt.) — Pine-barren swamps, Florida, Georgia, and westward. July. 13. PLATANTHERA, Richard. • Sepals and petals nearly equal, the lateral sepals mostly spreading or reflexed. Lip entire or variously lobed or divided, spurred at the base. Column short. Anther-cells diverging. Stigma without appendages, with the glands naked. — Root composed of thick fleshy fibres. Stems mostly leafy. Flowers spiked or racemed, commonly showy. * Lip entire, neither toothed nor fringed. 1 . P. orbiculata, Lindl. Leaves two, at the base of the scape-like bracted stem, large, orbicular, fleshy, spreading on the ground, silvery beneath ; flowers greenish-white, in a narrow and loose raceme, longer than the bracts ; lateral sepals obliquely ovate, spreading, the upper orbicular ; petals narrower ; lip linear-spatulate, entire, recurved ; spur very long, club-shaped, curved. — Shady woods on the mountains of North Carolina, and northward. July and Aug. — Scape 1° - 1£° high. Leaves 5' - 8' in diameter. * * Lip 3-toothed or 3-lobed : flowers spiked: stem leafy. 2. P. flava, Gray. Leaves 3 -4 ; the two lower ones lanceolate or oblong- lanceolate (4'- 8' long), the others small and bract-like ; flowers small, brownish green, in a loose and slender many-flowered spike ; sepals and petals oval ; lip oblong, hastate -3-lobed, the lateral lobes short and rounded, the middle one 460 ORCHIDACEJE. (ORCHIS FAMILY.) crenulate at the apex and bearing a tooth-like appendage at the throat ; spur club-shaped, mostly shorter than the short ovary. (Orchis flava, L. 0. fuces- cens, and O. bidentata, Ell.) — Low shady banks, Florida, and northward. July and Aug. — Stem 1° high. Flowers 2" in diameter. 3. P. bracteata, Torr. Lower leaves obovate, the others smaller, lanceo- late ; flowers small, greenish ; sepals and narrow petals erect ; lip oblong-linear, slightly 3-toothed at the tip, longer than the obtuse sac-like spur. (Orchis viridis, Pursh.) — High mountains of Carolina, Pursh. — Stem low. Bracts large, conspicuous. * * * Lip undivided, fringed: flowers spiked : stems leafy. 4. P. ciliaris, Lindl. Leaves numerous, the lower ones (4' -12' long) lanceolate or oblong, the upper small and bract-like : spikes oval or oblong, rather loosely flowered; flowers large, bright yellow; lateral sepals round- obovate, reflexed ; petals lanceolate, incised or slightly fringed at the apex ; lip clawed, roundish in outline, long-fringed ; spur filiform, commonly longer than the long tapering ovary. (Orchis ciliaris, L.) — Var. BLEPHARIGLOTTIS (Or- chis blephariglottis, Wittd.) has white flowers, and shorter fringe of the lip. — Swamps and bogs, chiefly in the pine barrens, Florida, and northward. Aug. — Stem l£° - 2° high. Spike l£' -2' in diameter. Ovary 9" - 15" long. Flow- ers 6" -8" wide. 5. P. cristata, Lindl. Leaves numerous, the lower ones (4' -8' long) lanceolate, the uppermost bract-like ; spike oblong or cylindrical, densely flow- ered ; flowers small, yellow ; lateral sepals rounded, spreading, concave ; petals oblong, incised at the apex ; lip sessile, ovate in outline, pinnatifid-fringed ; spur filiform, half as long as the tapering ovary. (Orchis cristata, Michx.) — Bogs and, swamps, Florida, and northward. Aug. — Stem l°-2° high. Spike 1' in diameter. Ovary 5" - 6" long. Flowers 2"- 3" wide. # # # # Lip 3-parted, fringed or denticulate : flowers in spiked racemes : stem leafy. •»— Flowers yellowish-white. 6. P. lacera, Gray. Stem slender; lower leaves oblong, the uppermost small, passing into the lanceolate bracts ; raceme oblong, loosely flowered ; pet- als oblong-linear, entire ; lip pendent, the wedge-shaped lobes deeply divided into few spreading capillary filaments; spur as long as the ovary. (Orchis la- cera, Michx.) — Swamps and low ground in the upper districts, and northward. July. — Stem 1° - 2° high. Lower leaves 3' - 6' long. Raceme 3' - 5' long. •«- +- Flowers purple : lip clawed. 7. P. psycodes, Gray. Stem stout ; lower leaves lanceolate or oblong, the upper small, passing into the linear-subulate bracts ; flowers pale purple, crowded in a dense oblong raceme ; lateral sepals roundish, obtuse ; petals obo- vate, minutely denticulate at the apex ; lip nearly twice as long as the sepals, spreading, the wedge-shaped lobes bordered with a short fringe. (Orchis psy- codes, L.) — Swamps and shaded banks, North Carolina, and northward. July. — Stem 2° high. Lower leaves 3' - 6' long. Flowers very numerous. Lip 2" -3" long. ORCHIDACE^E. (ORCHIS FAMILY.) 461 8. P. fimbriata, Lindl. Stem stout ; leaves oval or oblong, obtuse, a few of the upper ones small and lanceolate like the bracts ; raceme oblong, rather loosely flowered ; flowers large, pale purple ; lateral sepals ovate, acutish ; pet- als oblong, denticulate on the margins ; lip twice as long as the sepals, spread- ing, the broad wedge-shaped lobes long-fringed ; spur longer than the ovary. — Wet meadows, North Carolina, and northward. June. — Stern 2° - 3° high. Leaves 4'- G' long. Flowers not numerous on the raceme. Lip 6"- 9" long. 9. P. peramcena, Gray. Stem stout ; lower leaves oblong, obtuse, tho upper lanceolate like the bracts ; raceme oblong, rather loosely flowered ; flow- ers large, violet-purple ; lateral sepals broad-ovate ; petals round-obovatc, mi- nutely denticulate ; lip spreading, the wedge-shaped lobes finely toothed, entire, or the middle one 2-lobed ; spur longer than the ovary. (Orchis fissa, Pursh.) — Mountains of North Carolina, and northward. July. — Stem 2° -4° high. Lip 9" long. 14. HABENARIA, Willd. Sepals nearly equal, the lateral ones reflexed. Petals entire or 2-3-parted. Lip pendent, entire, or 2 - 3-parted, spurred. Anther-cells erect, separate, diverg- ing. Stigma bearing two various-shaped appendages. Glands naked. Pollen- masses 2, waxy, stalked. — Herbs with tuberous roots, leafy stems, and spiked flowers. 1. H. repens, Nutt. Root a creeping tuber ; stem erect or ascending, very leafy ; leaves lanceolate, acute or acuminate, 3-ribbed ; spike slender, many-flow- ered ; bracts lanceolate, the lower ones longer than the flowers ; lateral sepals oblong, acute, the upper one ovate, erect ; petals unequally 2-parted, the lower lobe capillary, longer than the linear upper one ; lip 3-parted, barely longer than the sepals, the lateral lobes capillary, the middle one filiform ; spur as long as the ovary ; appendages of the stigma tubercular. — Swamps and ditches in the lower districts, Florida to North Carolina, and westward. Aug. and Sept. — Stem 1°- 2° long. Leaves 6'- 12' long. Spikes ^°- 1° long. Flowers small, greenish. 2. H. Michauxii, Nutt. Root a globular watery tuber ; stem erect ; leaves oval or oblong, mostly acute, many-nerved, the upper smaller, and similar to the ovate-lanceolate clasping bracts; spike slender, loosely few-flowered; lateral sepals oblong-ovate, acute, the upper one ovate, erect ; petals unequally 2-parted, the lower lobe capillary and twice as long as the lanceolate upper one ; lip twice as long as the sepals, 3-parted, the capillary lateral lobes longer than the linear middle one ; spur twice as long as the ovary ; appendages of the stigma tuber- cular. — Dry sandy or gravelly soil, Florida, to South Carolina. August. — Stem G'- 18' high. Leaves 2' - 3' long. Spike 3' -5' long. Flowers white, twice as long as those of the preceding. 15. SPIBANTHES, Richard. TWISTED ORCHIS. Sepals and petals nearly equal ; the lateral sepals diverging, dilated at the base, the upper one connivent with the petals. Lip clawed, concave, furnished with two callosities near the base, clasping the short column below. Stigma ovate, 39* 462 ORCHIDACE^5. (ORCHIS FAMILY.) beaked. Anther attached to the back of the column. Pollen-masses 2, obovate, 2-cleft, fixed to a common gland of the stigma, powdery. — Root composed of few clustered tubers or fleshy fibres. Stem leafy at the base, sheathed above. Flowers small, white, in a regular 1 -sided or spirally twisted spike. * Flowers on all sides of ike untwisted spike. 1 . S. cernua, Richard. Stem smooth below, the upper portion and thick crowded spike pubescent ; lowest leaves long, linear-lanceolate, the others bract- like and sheathing ; bracts ovate-lanceolate, acuminate, longer than the capsule ; flowers recurved ; lip longer than the sepals, contracted above the middle, wavy at the recurved obtuse apex, 2-toothed at the base. — Grassy swamps and mead- ows, Florida to Mississippi, and northward. October. — Stem 6'- 12' high. Leaves 4' - 8' long. Flowers yellowish-white, 3" - 4" long. * * Spikes twisted, bringing thejlowers into a single straight or spiral row. 2. S. brevifolia, n. sp. Stem pubescent above ; leaves all bract-like and sheathing, or the lowest expanding into a short (l'-2') lanceolate or linear early withering blade ; flowers all on one side of the rachis or sparingly spiral, hori- zontal, pubescent ; bracts ovate, acute, scarcely longer than the ovaiy ; sepals and petals equal j lip oblong or elliptical, very entire, wavy on the margins, re- curved at the acute or obtuse apex, and with two tooth-like prominences at the base. — Open grassy swamps in the pine barrens, Apalachicola, Florida. Oct. and Nov. — Root of 3 fleshy fibres. Stem 1° high. Flowers 10-20, 3" -4" long, white. 3. S. odorata, Nutt. Stem stout, leafy; lower leaves oblong-lanceolate, acute, the others diminishing upward and passing into the large lanceolate acu- minate bracts ; spike thick, pubescent, densely flowered, spiral ; bracts much longer than the ovary, the lower ones as long as the recurved flowers ; sepals and petals equal ; lip entire, recurved, oblong, dilated and crenulate at the apex, and with two tooth-like hooked prominences at the base. — Muddy banks of rivers, near Marianna, Florida to North Carolina, and westward. October. — Stem 1° - 2° high. Lowest leaves 9'- 15' long, l'-2' wide. Flowers yellow- ish-white, £' long, fragrant. 4. S. tortilis, Willd. Stem tall and slender, pubescent above ; lowest leaves linear, the upper small and bract-like ; spike slender, pubescent, spiral ; bracts ovate-lanceolate, acuminate, longer than the ovary; lip oblong, entire, recurved and crenulate at the apex, scarcely longer than the petals, with two gland-like prominences at the throat. — Low or marshy pine barrens, Florida to North Carolina. May.— Stem l°-2° high. Leaves 6' -10' long. Flowers 3" long, white. 5. S. gracilis, Bigelow. Stem very slender, smooth throughout, scape-like ; lowest leaves (early withering) lanceolate or elliptical, spreading; spike very slender; flowers minute, on one side of the rachis or sparingly spiral, smooth; bracts ovate-lanceolate, clasping, shorter than the capsule ; lip finely crenulate on the margins, recurved and acute at the apex, with two raised ear-like promi- nences at the base ; anthers 4-cleft. — Damp soil, Florida, and northward. April and May. — Stem sheathed, 6' - 12' high. Lowest leaves l'-2' long. Flowers 1" long. y ORCHIDACE^E. (ORCHIS FAMILY.) 4G3 16. GOODYERA, R. Brown. RATTLESNAKE PLANTAIN. Sepals and petals nearly equal, the two lateral sepals including the base of the sessile lip, the upper one connivent with the petals. Lip concave or sac-like, contracted above the middle into a recurved and channelled point. Anther at- tached to the dorsal apex of the short and free column. Pollen-masses 2, entire, powdery. — Stems leafy or scape-like, from a slender creeping rootstock, bearing a spike of small white flowers. * Stem scape-like, bracted: lip spurless: column manifest: anther round, beakless, radical leaves clustered. 1. G. pubescens, R. Brown. Scape pubescent ; radical leaves thick, ovate, discolored and reticulated above, contracted into a spreading petiole ; spike lan- ceolate, densely many-flowered, pubescent ; bracts lanceolate ; sepals and petals roundish ; lip sac-like, ending in a short, ovate point ; stigma rounded. — Deep shady woods, Florida, and northward. August. — Scape 1° high. Leaves 2' long. Spike 2' - 4' long. 2. G. repens, R. Brown. Low ; scape slender, pubescent ; radical leaves ovate or oblong-ovate, reticulated ; spike slender, loosely few-flowered, 1 -sided or somewhat spiral; bracts linear-lanceolate; lip sac-like, ending in an oblong point ; stigma 2-toothed. — Shady woods, on the mountains of North Carolina, and northward. August. — Scape 5' — 8' high. Leaves 1' long. * * Stem leafy: lip spurred: column inconspicuous : anther ovate, beaked. 3. G. quercicola, Lindl. Stem ascending ; leaves thin, ovate or oblong- ovate, acute, on slender petioles, which are dilated, membranaceous, and sheath- ing at the base ; spike short, oblong, densely flowered ; bracts scarious, oblong- ovate, mostly shorter than the flowers ; sepals and petals oblong, obtuse ; lip concave, ending in a broadly-ovate acuminate and recurved point ; spur pouch- like, shorter than the ovary ; stigma 2-lobed. — Low shady woods, Florida, and westward. August. — Plant tender, 6'- 12' high. Leaves and spike 1' long. 17. LISTERA, R. Brown. Sepals and petals alike, spreading or reflexed. Lip longer than the sepals, 2-cleft. Column short. Stigma with a rounded beak. Anther ovate, attached to the dorsal summit of the column. Pollen-masses 2, powdery. — Stems low, from clustered fibres, bearing two opposite sessile leaves, and a loose raceme of small greenish flowers. 1. L. australis, Lindl. Leaves ovate or oblong-ovate, closely sessile; raceme smoothish, few - several-flowered ; bracts minute; lip linear, 3-4 times as long as the sepals, deeply 2-cleft, the divisions filiform ; column very short. — "Wet shady woods, Florida, and northward. July. — Stem 4' - 8' high. Leaves 2. L. COnvallarioides, Hook. Leaves broadly cordate or roundish; raceme pubescent, few-flowered ; bracts half as long as the pedicels ; lip oblong- obovate, 2-lobed at the apex, and 2-toothed at the base, twice as long as the se- 464 ORCHIDACE^E. (ORCHIS FAMILY.) pals ; column manifest. — Damp mossy woods, on the mountains of North Carolina. July. — Stem 4' - 8' high. Leaves £' - 1 ' long. 18. PONTHIEVA, R. Brown. Sepals and petals nearly alike, the two outer sepals spreading, the upper one connivent with the petals. Petals, like the lip, adnate to the middle of the col- umn. Lip posterior, clawed, ovate, concave, spreading. Column 2-lobed, beaked. Anther dorsal, linear, stalked, 4-celled. Pollen-masses 4, linear, pow- dery.— Low herbs, with clustered roots, chiefly broad radical leaves, and green- ish flowers on a pubescent scape. 1. P. glandulosa, R. Brown. Leaves many-nerved, oblong, spreading, nan-owed into a short petiole ; scape slender, many-flowered ; bracts lanceolate ; lateral sepals flat. ( Cranichis multiflora, Nutt. Ophrys pubera, Michx. ) — Low shady woods, Florida to North Carolina. Sept. and Oct. — Scape 1°- l£° high. 19. CYPRIPEDIUM, L. LADY'S SLIPPER. Sepals 3, the two lower ones mostly united into one under the lip, spreading. Petals narrower. Lip large, inflated, and sac-like. Column short, 3-lobed, the two lateral lobes each bearing a 2-celled anther on the under side, the middle one (sterile stamen) petal-like. Pollen granular. Stigma thick, triangular. — Root fibrous. Leaves large, plaited, sheathing. Flowers large, mostly solitary, leafy- bracted, nodding. * Stem leafy : sepals and petals longer than the yellow lip, the latter linear and twisted. 1. C. pubescens, Willd. Pubescent; stem sheathed at the base; leave's 4-6, ovate-oblong, acute or acuminate ; flowers 1 - 3 ; sepals greenish, striped with deeper lines, lanceolate, acuminate, the lower sometimes 2-cleft at the apex ; petals linear, spirally twisted; lip large (!'- 1^' long), laterally flattened, spotted within; stigma triangular, obtuse. — Rich woods in the upper districts, and northward. May and June. — Stem 1° - l£° high. Leaves 4' - 6' long. Flow- ers inodorous. 2. C. parviflorum, Salisb. Very near the preceding, but every way smaller ; lip half as large, depressed above ; stigma triangular, acute ; flowers fragrant. — Rich woods in the upper districts. May and June. * * Stem leafy: sepals and petals white, flat, obtuse, not longer than the lip. 3. C. spectabile, Swartz. Pubescent; leaves 6-7, oval, acute; sepals oval or oblong, rather longer than the lanceolate petals ; lip (1^' long) much inflated, white tinged with purple, about as long as the sepals. — Mountains of North Carolina, and northward. May and June. — Stem 2° high, commonly 2-flowered. Leaves 4' - 6' long. Flowers very showy. * * * Scape naked, l-fiowered, 2-leaved at the base. 4. C. acaule, Ait. Pubescent ; leaves oblong, obtuse ; sepals greenish, oblong-lanceolate, acute, nearly as long as the linear petals, much shorter than the large (2' long) obovate purple and veiny lip. — Dry woods in the upper dis- tricts, and northward. May and June. — Scape 8' - 12' high. Leaves ^° long. CANNACE^E. (CANNA FAMILY.) 465 ORDER 143. CANNACEJS. (CANNA FAMILY.; Perennial herbs, destitute of aroma, with alternate sheathing leaves, the very numerous nerves parallel, and diverging from the strong midrib, and superior irregular monandrous flowers. Sepals 3. Corolla 6-parted ; the three exterior divisions alike ; the three interior ones very unequal, and often variously imperfect. Stamen and stigma mostly petal-like. Anther 1-celled. Ovary 1 - 3-celled, with 1 - many anatropous or cam- pylotropous ovules. Embryo straight or hooked, in hard albumen. — Bhi- zoma often tuberous, and abounding in starch. 1. THALIA, L. Calyx minute. Corolla tubular ; the three exterior divisions similar and equal ; the interior unequal ; the anterior one broad and hooded, the interior lateral one elongated and clawed, the exterior lateral one furnished with two bristles on one side, and partly adnate to the slender stamen on the other. Style thick, spiral : stigma perforated, 2-lipped, the lower lip long and pendent. Capsule utricular, 1-celled, 1-seeded. Seed ovoid, erect, campylotropous. Embryo hooked, in hard albumen, — Stemless herbs from fibrous roots. Scape elongated. Petioles terete, dilated and sheathing at the base. Elowers in bracted panicled spikes, commonly two together, and included in a 2-valved spathe. 1. T. dealbata, Roscoe. Plant dusted over with a minute white powder, otherwise smooth ; leaves distichous, long-petioled, cordate-ovate, acute ; scape terete, reed-like; panicle erect, dense, smooth, the branches not longer than the lanceolate deciduous bracts at their base ; spikes erect ; valves of the spathe unequal, ovate, coriaceous ; flowers small, purple. — Ponds and marshes, South Carolina, and westward. June -Sept. — Scape 3° -5° high. Leaves 6' -9' long, on petioles 1° - 2° long. 2. T. divaricata, n. sp. Plant not powdery; leaves oblong-ovate, acute, rounded at the base, long-petioled ; panicle large, divaricate, the branches much longer than the linear deciduous bracts, hairy at the joints; spikes 6- 10-flow- ered, zigzag, pendulous ; valves of the spathe unequal, oblong, membranaceous, hairy ; flowers small, purple ; seed ovoid, enclosed in a loose membranaceous pericarp. — Ponds, Apalachicola, Florida. Sept. and Oct. — Scape 5° -10° high. Leaves l°-2° long. Panicle 2° -4° wide, purplish. 2. CANNA, L. INDIAN-SHOT. Sepals 3. Corolla 6-parted ; the three exterior divisions equal ; the interior bilabiate, with the upper lip 2 -3-parted, or sometimes wanting, the lower entire. Filaments petal-like. Anther marginal. Ovary 3-celled, many-ovuled. Style petal-like. Stigma marginal. Capsule covered with a dense bristly coat, 3-celled, loculicidally 3-valved. Placentae central. Seeds globose, anatropous. Embryo straight in horny albumen. — Stems leafy. Leaves narrowed into a sheathing petiole. Flowers spiked, showy. 466 AMARYLLIDACE.E. (AMARYLLIS FAMILY.) 1. C. flaccida, Roscoe. Stem stout, very leafy below ; leaves ovate-lance- olate, acuminate, narrowed into a long and sheathing petiole ; spike few-flowered ; sepals green, lanceolate, acute, half as long as the tube of the corolla ; corolla funnel-shaped ; the exterior divisions similar to the sepals, reflexed ; the three in- terior ones yellow, very thin, oblong-obovate ; two of them collateral and adnate below ; stamens petal-like, obovate, thickened below, very thin and expanding above, one of them bearing the linear anther on its margin, the other two larger and united into one ; style adnate to the tube of the corolla ; stigma thick, spat- ulate, embracing the anther in the bud ; capsule oval, 3-angled, few-seeded, mem- branaceous at maturity, and bursting irregularly at the sides ; seeds black, borne on a spongy cord. — Miry swamps, Florida to South Carolina, near the coast. June - Aug. — Stem 2° - 4° high. Leaves 9' - 1 5' long. Corolla 3' - 4' long. ORDER 144. AMARYLLIDACE^E. (AMARYLLIS FAMILY.) Chiefly stemless smooth and succulent herbs, with linear leaves, and smooth (not scurfy or woolly) often showy flowers. — Sepals and petals united to form a 6-parted corolla-like perianth, imbricated in the bud, the tube adnate to the 3-celled ovary. Stamens 6 : anthers introrse. Ovules anatropous, attached to the central placentas. Style single. Fruit 1-3- celled, valvular or indehiscent. Embryo straight in fleshy albumen, the radicle resting on the umbilicus. . Synopsis. * Root bulbous. 1. AMARYLLIS. Tube of the perianth short, crownless. Stigmas 3. 2. PANCRATIUM. Tube of the perianth elongated. Stamens connected with a cup-shaped crown. Stigma entire. 3. CRINUM. Tube of the perianth elongated, crownless. Stigma entire. * * Root tuberous. 4. AGAVE. Capsule 3-valved. Flowers spiked. Leaves thick and fleshy. 5. HYPOXYS. Capsule circumscissile. Flowers umbelled. Leaves grass-like. 1. AMARYLLIS, L. Perianth corolla-like, bell-shaped or funnel-shaped, 6-parted, spreading above, naked at the throat, the tube short or wanting. Stamens free • anthers versatile. Style elongated, declining: stigma 3-cleft. Capsule 3-valved, many-seeded. Seeds black, compressed or angled. — Scape erect from a coated bulb, ending in a 1 - 2-leaved or many-flowered spathe. 1. A. Atamasco, L. (ATAMASCO LILY.) Scape terete, somewhat lateral, 1 -flowered; leaves linear, concave, fleshy; spathe 1 -leaved, 2-cleft; perianth short-stalked, bell-shaped, white tinged with purple ; style longer than the sta- mens ; seeds angled. — Rich damp soil, Florida, and northward. March and April. — Scape 6' - 12' high, commonly shorter than the glossy leaves. Flower 2' -3' long. AMARYLLIDACE^E. (AMARYLLIS FAMILY.) 467 2. PANCRATIUM, L. Perianth corolla-like, 6-parted; the narrow divisions spreading; the tube slender and elongated. Stamens united below with a cup-shaped or funnel- shaped variously toothed crown, exserted : anthers versatile, linear. Style elon- gated, declining: stigma entire. Capsule membranaceous, 3-celled. Seeds often bulb-like. — Scape from a coated bulb, compressed or 2-edged, bearing the large and fragrant leafy-bracted flowers in a cluster at the apex. Leaves strap -shaped. § 1. PANCRATIUM. Tube of the perianth dilated and funnel-shaped at the apex: crown almost ivholly adnate to the tube, the border divided into six 2-cleft teeth, alter- nating with the stamens : capsule many-seeded, loculicidally 3-valved. 1. P. maritimum, L. Leaves glaucous, erect, longer than the slightly compressed many-flowered scape; divisions of the perianth linear-lanceolate, shorter than the slender (3' -4') tube, greenish without; stamens short. (P. Carolinianum, L.) — Salt marshes, South Florida to South Carolina. July -Sept. — Scape l°-l£°high. § 2. HYMENOCALLIS. Tube of the perianth straight, not dilated at the apex: crown free, funnel-shaped or saucer-shaped, the border irregularly toothed: capsule 1-3- seeded, bursting at the sides. 2. P. rotatum, Ker. Bulb bearing runners ; leaves flat above, concave toward the base ; scape 2-edged, 2 - 6-flowered, glaucous ; divisions of the peri- anth white, linear, spreading or recurved, longer than the green tube ; crown saucer-shaped or somewhat funnel-shaped, with the border irregularly toothed. (P. Mexicanum of authors.) — Low banks and swamps, Florida to North Caro- lina. April and May. — Scape and leaves 1° - 2° high. 3. P. coronarium, Leconte. Bulb without runners; leaves linear-strap- shaped, flat above, half-cylindrical near the base ; scape solitary, green, 2-edged, 4-flowered ; divisions of the perianth linear, spreading, white ; crown large, fun- nel-shaped, with six truncate lobes at the stamens, and several fine teeth at the sinuses. — Rocky islets in the Savannah River at Augusta, and in the Congaree at Columbia, Leconte. — Scape and leaves 2° long. 4. P. occidentale, Leconte. Bulb without runners; leaves linear-strap- shaped, obtuse, concave, and, like the 2-edged 6-flowered scape, glaucous ; divis- ions of the perianth white, linear, spreading and recurved at the apex ; crown funnel-shaped, with six toothed lobes alternating with the filaments; capsule many-seeded. — Upland meadows, in the western districts of Georgia, Leconte. — Stem and leaves 2° long. § 3. ISMENE. Tube of the perianth curved, dilated at the throat: crown nearly free, somewhat 12-toothed: capsule few-seeded. 5. P. nutans, Gwal. Leaves long, strap-shaped, sheathing; scape 3-4- flowered, solitary, 2-edged ; flowers nodding ; divisions of the perianth lanceolate- linear, white, longer than the green tube ; stamens incurved, scarcely longer than the crown. — South Carolina, Herbert. — Leaves 2° long. 468 AMARYLLIDACEJE. (AMARYLLIS FAMILY.) 3. CKINUM, L. Tube of the perianth crownless at the apex. Otherwise like Pancratium both in character and habit. 1. C. Americamim, L. Leaves strap-shaped, concave, obtuse, remotely denticulate, spreading ; scape compressed, with rounded edges, 2 - 4-flowered ; bracts lanceolate recurved ; ovaries sessile, with a linear bractlet at the base of each ; flowers large, fragrant ; leaves of the perianth white, lanceolate, shorter than the green tube ; filaments and style purple above ; stigma truncate, entire ; ovules 3 in each cell, erect ; capsule globose, membranaceous, indehiscent ; 1 - 6- seeded, pointed with the long persistent tube of the perianth ; seed large, conn- like; embryo oblong, in the axis of copious fleshy albumen; radicle inferior. — River-swamps, Florida, and westward. May - Sept. Scape 1° - 2° high. Peri- anth 6' - 8' long. 4. AGAVE, L. Perianth corolla-like, funnel-shaped, 6-parted, persistent. Stamens cxserted : anthers linear, versatile. Style filiform, exserted : stigma 3-angled or 3-lobed. Capsule coriaceous, 3-lobed, 3-celled, loculicidally 3-valved, many-seeded. Seeds flat, black and shining, attached to the central placentae. — Scape bracted. Leaves fleshy, spiny or cartilaginous on the margins. Flowers in simple or panicled spikes, bracted. 1. A. Virginica, L. Leaves lanceolate, thick and rigid, spine-pointed, denticulate on the margins; scape simple, smooth; flowers small, yellowish, scattered in a simple spike ; perianth strongly nerved; filaments and style spotted. — Sterile soil, Florida, and northward. July. — Scape 3° -5° high. Leaves 6' - 12' long. Capsule globose, 3-lobed. 5. HYPOXYS, L. STAR-GRASS. Perianth 6-parted, persistent, the spreading divisions colored within. Stamens short, unequal : anthers erect. Ovary 3-celled, with the numerous amphitropous ovules attached to the central placentae in two rows. Style short and thick : stigmas 3. Capsule top-shaped, many-seeded, opening transversely near the summit, the upper portion, with the withered perianth, falling off like a lid. Seeds globular, with a beak-like projection near the base. Radicle inferior. — Low pubescent herbs, from a tuberous root, with grass-like leaves, and a naked scape, bearing the few yellow flowers in a terminal bracted umbel. 1 • H. erecta, L. Hairy ; leaves linear, channelled ; scapes 1-4, filiform, 2 - 4-flowered ; bracts subulate, much shorter than the slender unequal pedicels ; divisions of the periantn oblong, greenish and hairy without, yellow within ; cap • sule 8-celled. — Varies, with the more rigid leaves nearly smooth, the 2-3-flow- ered scape flattened, and the bristle-like bracts longer than the nearly sessile almost woolly perianth. — Low ground, Florida, and northward. March and April. — Scapes 2' -9'. long. Leaves at length much longer than the scape. Flowers 8" wide. H^EMODORACE^E. (BLOODWORT FAMILY.) 469 2. H. juncea, Smith. Sparingly hairy ; leaves filiform ; scapes 1-3, fili- form, 1-2-flowered; bracts bristle-like, shorter than the villous pedicels; divis- ions of the perianth oblong, the three exterior ones greenish and hairy without ; partitions of the capsule vanishing at maturity ; seeds black, minutely pitted. (H. filifolia, Ell.) — Low pine barrens, Florida and the lower districts of Geor- gia, and westward. March and April. — Scape 4' -9' long, at length procum- bent. Flowers 9'' - 12" wide. ORDER 145. ELflEMODORACE^. (BLOODWORT FAMILY.) Perennial fibrous-rooted herbs, with leafy or scape-like stems, mostly equitant and sword-shaped leaves, and regular woolly or scurfy flowers. -T- Perianth tubular, 6-cleft, more or less cohering with the 3-celled ovary. Stamens 3 or 6 : anthers adnate, introrse, 2-celled. Ovules mostly few, anatropous or amphitropous, attached to the central placentas. Styles 3, united, deciduous, or persistent and separating : stigma entire. Capsule enclosed in the persistent perianth, loculicidally 3-valved at the apex. Embryo small, in hard albumen. Synopsis. 1. LACHNANTHES. Perianth woolly: stamens 3: style deciduous: flowers cymose: stem leafy. 2. LOPUIOLA. Perianth woolly : stamens 6 : style persistent : flowers corymbose : stem leafy. 3- ALETRIS. Perianth scurfy : stamens 6 : style persistent : flowers spiked : stem scape-like. 1. LACHNANTHES, Ell. /Perianth woolly without, 6-lobed ; with the exterior lobes smaller ; the tube ad- nate to the ovary. Stamens 3, slender, exserted, opposite the exterior lobes of the perianth : anthers linear. Style filiform, declined, deciduous : stigma entire. Capsule globose, 3-angled. Seeds amphitropous, few, thin, orbicular, concave, fixed by the middle to the thick globose placentae. — A leafy-stemmed plant, with orange-colored juice. 1. L. tinctoria, Ell. Root red, fibrous ; stem mostly simple, villous above ; leaves linear-sword-shaped, smooth, the lower ones crowded and equitant, the others smaller and remote ; flowers 2-ranked, crowded in lateral and terminal compound woolly cymes, yellow within ; exterior lobes of the perianth linear ; valves of the capsule separating from the placentas ; seeds black. — Ponds and ditches, Florida, and northward. July -Sept. — Stem 2° -3° high. Leaves 1°- l£° long. Flowers £' long. Bracts linear. 2. LOPHIOLA, Ker. Perianth woolly without, and at the throat within, nearly equally 6-lobed, spreading ; the tube adnate to the lower half of the ovary. Stamens 6, slender : 40 470 BROMELIACE.E. (PINE-APPLE FAMILY.) anthers oblong. Style subulate, erect, persistent and separable : stigma entire. Capsule ovate, coriaceous, 3-ribbed and 3-furrowed. Seeds anatropous, few, linear-oblong, curved, fixed at the base. , , 1. L. aurea, Ker. Stem erect, finely pubescent above, mostly simple; lowest leaves linear-sword-shaped, acute, equitant, the others diminishing up- ward, remote ; flowers small, yellow within, in close or open corymbose woolly racemes. (Conostylis Americana, Pursh.) — Wet pine barrens, Florida, and northward. July. — Stem 2° high, creeping at the base. Leaves 4' - 12' long. Flowers 3" long, nodding in the bud. 0 3. ALETEIS, L. STAR-GRASS. Perianth tubular, scurfy and viscid without, smooth within, 6-clcft, the tube adnate to the base of the ovary. Stamens 6, very short, included: anthers sagittate. Style subulate, erect, persistent, and separable : stigmas 3. Capsule ovate, coriaceous. Seeds ovate, ribbed, fixed at the base. — Perennial herbs, with slender scape-like linear-bracted stems, bearing at the base a cluster of flat sprea4ing leaves, and at the summit numerous small white or yellow flowers in a spiked raceme. ^ 1 . A. farinosa, L. Leaves lanceolate, very acute, sessile ; spike short (3' -12'), rigid; flowers approximate or crowded; perianth white or yellow, nearly sessile, cylindrical, with narrow and spreading lobes ; style slender, sub- ulate, 3-cleft ; capsule ovate-lanceolate, longer than the perianth. — Pine-barren swamps, Florida to North Carolina. May and June. — Scape 2° -3° high. Leaves 3' - 6' long. Perianth 4" long. t * 2. A. aurea, Walt. Leaves ovate-lanceolate, very acute, narrowed at the base; raceme elongated (1°- 2°), slender; flowers scattered; perianth white or yellow, short-stalked, globose-ovate, with broad and connivent lobes ; style short, somewhat conical, obscurely 3-cleft ; capsule ovate; as long as the perianth. — Low sandy soil, Florida to North Carolina. May and June. — Scape 2° -3° high. Leaves 2' - 4' long. Perianth 2" - 3" long. ORDER 146. BROMELIACE^E. (PINE-APPLE FAMILY.) Chiefly scurfy epiphytes, with fibrous roots, rigid leaves, and regular conspicuously bracted mostly spiked flowers. — Perianth free, or more or less adnate to the 3-celled ovary, 6-parted, imbricated, the three outer divisions calyx-like. Stamens 6 : anthers 2-celled, introrse. Ovules nu- merous, anatropous, erect or pendulous. Placentae central. Style single : stigmas 3. Fruit berry-like, or 3-celled, 3-valved capsule. Seeds stalked. Embryo small, at the base of copious mealy albumen. 1. TILLANDSIA, L. LONG Moss. AIR-PLANT. Sepals rigid. Petals imbricated and tube-like below, spreading above. Sta- mens filiform, hypogynous. Ovary free. Style slender. Capsule linear or BROMELIACE^E. (PINE-APPLE FAMILY.) 471 linear-oblong, cartilaginous, septicidally 3-valved, each valve separating into 2 plates. Seeds erect, club-shaped, pointed, raised on a long and hairy stalk. — Radical leaves mostly crowded, imbricated. Petals fugacious. * Stem rigid, erect : flowers spiked, blue. •- Leaves broad at the base, gradually narrowed upward. 1. T. Utriculata, Leconte. Leaves scurfy and glaucous, subulate and recurved at the summit, very much dilated, concave and imbricated at the base, shorter than the rigid mostly branching stem ; the uppermost small and sheath- ing ; flowers scattered ; sepals oblong-linear, obtuse, longer than the oblong pu- bescent membranaceous bracts, much shorter than the capsule ; petals pale blue, twice as long as the sepals, slightly spreading at the apex ; stamens exserted. — South Florida. June and July. — Stem 2° -3° high. The dilated and imbri- cated bases of the leaves form a kind of cup which commonly contains a consid- erable quantity of water. 2. T. bracteata, n. sp. Leaves scurfy, concave, gradually narrowed up- ward, subulate and erect at the -apex, the uppermost reduced to ovate pointed bracts ; stem branched, longer than the leaves ; spikes compressed, 2-edged ; bracts ovate, coriaceous, smooth, closely imbricated in two rows, keeled, on the back, longer than the linear acute keeled sepals. — South Florida. — Stem 2° high. Leaves 1° - 1£° long. 3. T. bulbosa, Hook. Small, very scurfy ; leaves broad and clasping at the base, concave, imbricated, nearly equal, spreading above, shorter than the spike ; spike simple, few-flowered ; bracts oblong, scurfy, imbricated in two rows, longer than the sepals, and half as long as the capsule. — South Florida. — Stem stout, 4' high. Spike 3' - 4' long, 6 - 7-flowered. Leaves 3' - 4' long. Corolla purplish blue. -- -i— Leaves linear or filiform, from an abruptly dilated base. 4. T. juncea, Leconte. Stem slender, leafy; leaves scurfy, linear, con- cave, recurved, longer than the stem, the lowest ones imbricated, the upper sheathing ; spikes branched, few-flowered ; bracts imbricated, smoothish, acute, longer than the sepals ; petals deep blue, three times as long as the sepals, re- curved at the apex. — South Florida. — Stem 1° high. Spikes 2' -4' long. Leaves 1°-1\|° long. 5. T. Bartramii, Ell. Stem slender, leafy ; leaves smooth, erect, filiform, straight and rigid, as long as the stem, the upper ones short and sheathing ; spike branched, few-flowered ; bracts scurfy, imbricated, longer than the sepals, nearly as long as the capsule, the lower ones awned ; petals blue, spreading at the apex. — Southern districts of Georgia, Elliott, to South Florida. — Stem 1° high. Spikes 3' -4' long. Leaves bristle-like at the summit. 6. T. CSSSpitOSa, Leconte. Stems low, clustered ; leaves reddish, longer than the stem, scurfy, bristle-awl-shaped, erect, semi-terete, concave at the base, the upper ones scale-like ; spike 3 - 4-flowered ; bracts imbricated ; petals blue, longer than the bracts, recurved at the apex. (T. pinifolia, Leconte?) — East Florida, Leconte. — Plant reddish, 4' - 5' high, growing in large roundish clusters on the trunks of trees. 472 IRIDACE^E. (IRIS FAMILY.) 7. T. recurvata, Pursh. Leaves scurfy, bristle-awl-shaped, curved, nearly terete, shorter than the stem ; stem naked above, 1 - 2-flowered ; corolla longer than the calyx. — East Florida, Leconte. — Stem 6' high. Leaves ash-color, 2- ranked, narrowly channelled. * * Stems filiform, pendent: flowers solitary, green. 8. T. usneoides, L. (LONG Moss.) Scurfy and hoary; stems (1°- 2° long) branching ; leaves 2-ranked, linear-awl-shaped, recurved ; flowers sessile at the summit of the branches, small ; sepals longer than the bracts, half as long as the linear recurved green petals. — Humid situations in the lower districts, Florida to North Carolina, and westward. June - Sept. ORDER 147. IRIDACEJE. (!RIS FAMILY.) Herbs, with linear or sword-shaped equitant nerved leaves, and fuga- cious often showy flowers from a 2-leaved spathe. — Perianth 6-parted, the divisions spreading and equal, or the inner ones smaller, convolute in the bud. Stamens 3, distinct or united : anthers extrorse. Ovary adnate to the tube of the perianth, 3-celled ; the numerous anatropous ovules fixed to the central placentae. Style single : stigmas 3. Capsule loculi- cidally 3-valved. Embryo in the axis of fleshy albumen. Synopsis. 1. IRIS. Stigmas petal-like, covering the stamens : capsule angular. 2. SISYRINCHIUM. Stigmas filiform : capsule globular : stem flat. 3. NEMASTYLIS. Stigmas filiform, 2-parted : stem terete. 1. IRIS, L. BLUE FLAG. FLOWER-DE-LUCE. Perianth corolla-like, 6-parted, the exterior divisions recurved, and often crested or bearded within, the interior mostly smaller and erect. Stamens 3, opposite the outer divisions of the perianth, concealed by the dilated petal-like 2-lipped spreading stigmas. Style 3-angled. Capsule 3 - 6-angled. Seed nu- merous, flattened, packed in 2 rows in the cells. — Perennial herbs, with creep- ing or tuberous rootstocks, simple or branched stems, linear or sword-shaped leaves, and showy flowers from a scarious spathe. * Stems tall, leafy : divisions of the perianth unequal. 1. I. versicolor, L. Stem nearly terete, simple or branched; leaves sword-shaped ; flowers terminal, single or spiked, crestless ; perianth pale blue, variegated with white, yellow, and purple, the inflated tube shorter than the obtusely 3-angled ovary ; stigmas 2-toothed at the base, with the lips entire, or slightly crenate ; capsule oblong, obtusely 3-angled. — "Wet places, Florida, and northward. April and May. — Stem l£°-2° high. Lowest leaves l£°-2° long, 1' - 1^' wide. Perianth 2' long. 2. I. hexagona, Walt. Stem terete, simple ; leaves linear-sword-shaped ; flowers axillary and terminal, solitary, crested ; perianth deep blue, variegated with white, yellow, and purple ; the cylindrical angular tube longer than the IRIDACE^E. (IRIS FAMILY.) 473 6-angled ovary ; stigmas much longer than the anthers, nearly as long as the interior perianth, the large lips cut-toothed ; capsule oblong-cylindrical, 6-angled. — Swamps, Florida to South Carolina, near the coast. April. — Stem 2° - 3° high. Lowest leaves 2° - 3° long. Flowers 4' long. 3. I. cuprea, Pursh. Stem simple, furrowed and 1-angled below; leaves linear-sword-shaped ; flowers axillary and terminal, single or by pairs, crestless, dull yellow ; tube of the perianth somewhat inflated, as long as the 6-angled ovary ; stigmas scarcely longer than the anthers, about half as long as the petals, the lips nearly entire ; capsule tumid, 6-angled. — Swamps in the lower districts of Georgia, Elliott, and westward. April and May. — Stem 3° high. Leaves 2° long. Flowers 2' long. , •., -; 4. I. tripetala, Walt. Stem terete, simple, or with peduncle-like branches; leaves rather short, sword-shaped, glaucous ; flowers terminal, solitary, crestless, blue, variegated with yellow and purple ; inner divisions of the perianth very short, wedge-shaped, abruptly pointed ; stigmas 2-toothed at the base, and with toothed lips ; ovary 3-angled, longer than the short terete tube of the perianth ; capsule oval, 3-angled. — Pine-barren swamps, Florida to North Carolina. June and July. — Stem 1°- 2° high. Leaves 1° long. Flowers 2' -3' long, some- times by pairs. Limb of the sepals roundish. 5. I. Virginica, L. Stem slender, simple ; leaves elongated, grass-like ; flowers 2-6, terminal, on a long and slender peduncle, crestless, blue and white ; ovary 3-angled, 2-furrowed on the sides, much longer than the very short tube of the perianth ; capsule 3-angled, acute at each end. — Swamps, North Caro- lina, Tennessee, and northward. June. — Stem and lower leaves 2° long. Flowers 1^' long. * * Stems low, with sheath-like leaves : divisions of the perianth nearly equal. 6. I. verna, L. Stem very short, concealed by the short spathe-like leaves, 1 -flowered ; proper leaves linear-sword-shaped, glaucous ; perianth pale blue, crestless, the divisions about as long as the filiform partly concealed tube ; capsule 3-angled. — Pine barrens of the middle districts, mostly in dry soil, Alabama to North Carolina. April- — Leaves 5' -8' long. Limb of the peri- anth I/long. 7. I. cristata, Ait. Stem 1-3-flowered; leaves lanceolate (3' -5' long); outer divisions of the perianth crested, much shorter than the filiform tube ; capsule acutely 3-angled ; otherwise like the preceding. — Mountains of North Carolina. May. 2. SISYBINCHIUM, L. BLUE-EYED GRASS. Perianth corolla-like, 6-parted, the divisions nearly equal, spreading. Stamens 3, monadelphous : anthers sagittate. Style short: stigmas 3, simple,. filiform and involute- Capsule and seeds roundish. — Grass-like herbs, with fibrous roots, and scape-like 2-edged stems. Flowers small, in an umbellate cluster, successively developed from a rigid 2-leaved spathe. 40* 474 DIOSCOREACEJS. (YAM FAMILY.) 1. S. Bermudiana, L. Leaves linear, erect ; stem simple or sparingly branched, naked or 1 - 2-leaved, more or less broadly 2-winged ; leaves of the spathe equal and shorter than the flowers, or the lower one much longer than the flowers ; perianth blue, yellow in the centre ; the divisions notched and bristle-awned at the apex. (S. mucronatum, Michx.} — Grassy meadows, or sometimes in dry soil, Florida, and northward. July and Aug. — Stem 6'- 18' high. Leaves mostly shorter than the stem. Flowers 4 - 6 in a spathe, £' wide, opening in the evening. 3. NEMASTYLIS, Nutt. Perianth 6-parted, the divisions nearly equal and spreading. Stamens 3, dis- tinct, with the subulate filaments much shorter than the elongated linear anthers. Style short, 3-lobed, with the lobes 2-parted, each division produced into filiform radiating stigmas. Capsule oblong, truncated. — Herbs with coated bulbous roots, linear plicate leaves, and very fugacious flowers from a 2-leaved spathe. 1. N. ccelestina, Nutt. Bulb small, roundish; radical leaves few, elon- gated, sheathing ; those of the stem diminishing upward, the uppermost bract- like ; flowers mostly solitary, terminal ; divisions of the perianth oblong-obovate ; capsule obtusely 3-angled ; seeds angular, brown. (Ixia ccelestina, Bartram.) — Pine barrens, Florida to South Carolina, and westward. May and June. — Stem l£° - 2° high. Flowers bright blue. ORDER 148. DIOSCOREACEvE. (YAM FAMILY.) Twining herbs, with tuberous roots, ribbed and reticulated leaves, and small regular dioecious flowers, in axillary spikes or panicles. — Perianth 6-parted, the tube (in the fertile flower) adherent to the 3-celled ovary. Stamens 6 : anthers 2-celled, introrse. Ovules anatropous, 1 - 2 in each cell. Styles 3, more or less united below. Fruit mostly capsular, 3-6- seeded. Embryo minute, in hard albumen, 1. DIOSCOREA, Plum. YAM. Tube of the perianth 3-winged. Stamens inserted at the base of the limb. Capsule 6-seeded, membranaceous, 3 winged, opening septicidally through the wings. Seeds flat, broadly winged. — Leaves petioled, mostly cordate andv entire. Petioles tumid at the base. 1. D. villosa, L. Stem smooth (10° -15° long); leaves alternate, oppo- site, or whorled, broadly cordate, acuminate, 7-9-nerved, smooth, or pubescent beneath, mostly longer than the slender petiole ; flowers very small, whitish ; the sterile ones in scattered clusters on the very slender branches of the axillary panicles ; the fertile in a simple spike ; stigmas notched at the apex ; capsule oval or obovate, strongly 3-winged, nodding. (D. quaternata, Walt.) — Margins of swamps, Florida, and northward. July. SMILACE^E. (SMILAX FAMILY.) 475 ORDER 149. SMILACE^E. (SMILAX FAMILY.) Herbs or climbing shrubs, not essentially distinct from the Lily Family, but with ribbed and veiny reticulated leaves, and separate styles or stig- mas. — Leaves not sheathing, often bearing tendrils. Fruit baccate. SUBORDER I. . EUSMILACEJE. (SMILAX FAMILY.) Flowers di- cecious, in axillary and umbel-like clusters. Anthers 1-celled. Stigmas 1-3, sessile or nearly so. Ovules 1 - 2 in each cell of the ovary, ortho- tropous, suspended. — Tendril-bearing vines. Flowers small. Leaves alternate. 1. SMILAX. Cells of the ovary l-oruled. Woody Tines. - 2. COPROSMANTHUS. Cells of the ovary 2-ovuled. Climbing herbs. SUBORDER II. TRILLIACE^E. (TRILLIUM FAMILY.) Flowers perfect, terminal. Anthers 2-celled. Styles or stigmas 3. Ovules sev- eral in each cell of the ovary, anatropous, horizontal. — Erect herbs. Leaves whorled. 3. TRILLIUM. Exterior leaves of the perianth calyx-like, persistent. Stem 1-flowered. Leaves 3 hi a whorl, terminal. 4. MEDEOLA. Leaves of the perianth alike, deciduous. Stem few-flowered. Leaves 3- 7 in a whorl, lateral and terminal. 1. SMILAX, Tourn. CHINA BRIER. Flowers dioecious. Perianth bell-shaped, 6-leaved, the leaves nearly equal and alike, deciduous. Stamens 6, inserted on the base of the perianth : anthers erect, 1-celled. Ovary free from the perianth, 1-3-celled, with a single orthotropous pendulous ovule in each cell. Stigmas 1-3 (mostly 3), sessile or nearly so, slender, spreading, or recurved. Berry 1 - 3-celled, 1 - 3-seeded. Seeds globu- lar or angled. Embryo minute, in horny albumen. — "Woody and commonly thorny or prickly vines, climbing by means of a pair of tendrils attached to the petioles. Leaves alternate, ribbed, and reticulate- veined, mostly smooth and shining. Flowers small, greenish, in stalked axillary clusters. * Peduncles longer than the petioles or pedicels. » •- Peduncles flattened : berry black. 1. S. tamnoides, L. Stem scurfy when young, armed with stout subulate prickles ; branches mostly unarmed, compressed - 4-angled ; leaves deltoid-ovate, or hastate - 3-lobed, truncate or slightly cordate, rarely acute at the base, 5-7- ' ribbed, often discolored; the margins, ribs, and petiole smooth, or fringed with fine prickles ; peduncles about twice as long as the petioles ; stigmas 1-3, mostly solitary; berry commonly 1 -seeded. (S. Bona-Nox, hastata, hedersefolia, &c. of authors.) — Swamps and thickets, Florida, and northward. May. 2. S. Pseudo-China, L. Lower part of. the stem beset with numerous black needle-shaped prickles ; branches unarmed, slightly angled ; leaves ovate or round-ovate, often contracted in the middle, rounded or cordate at the base, 476 SMILACE^E. (SMILAX FAMILY.) abruptly pointed, more or less bristly-ciliate on the margins, 5-nerved •, peduncles three times as long as the petioles, many-flowered ; stigmas 3 ; berry 3-seeded. (S. panduratus, Pursh.) — "Woods and thickets, Florida, and northward. April and May. 3. S. glauca, Walt. Stem armed with few and scattered prickles, very slender; branches terete, unarmed; leaves ovate or oval, entire, obtuse, mu- cronate, rounded or slightly cordate at the base, white beneath, 3 - 5-ribbed, the margins entire ; peduncles very slender, 2-3 times as long as the petiole, few- flowered ; stigmas 3 ; berry 3-seeded, glaucous. (S. caduca, Willd.) — Shady margins of swamps, Florida, and northward. May. — Leaves 2' - 4' long. •- -«— Peduncles terete : berry whitish. 4. S. pumila, Walt. Softly pubescent ; stem low (l°-3° high), terete, un- armed ; leaves ovate or oblong, cordate, mucronate, persistent, mostly discolored and at length smooth above, pale beneath, 5-ribbed ; peduncles about twice as long as the petioles, rigid, dense-flowered ; stigma single ; berry ovoid, whitish, 1-seeded. (S. pubera, Michx.) — Dry sandy soil, Florida to South Carolina, in the lower districts. October. — Rootstock creeping. Leaves 2' - 4' long. * * Peduncles not longer than the petioles. •- Berries red. 5. S. Walter i, Pursh. Stem low, armed with a few scattered prickles near the base, otherwise unarmed ; branches obscurely 4-angled ; leaves deciduous, membranaceous, varying from oblong-lanceolate to oval, mucronate, acute, round- ed or rarely slightly cordate at the base, 5-ribbed ; peduncles flattened, as long as the petioles and pedicels ; perianth rather large (3" long), brownish ; stigmas 3 ; berry (acuminate, Walt.} globular, 3-seeded. (S. caduca, Ell.} — Pine-barren ponds and swamps, Florida to North Carolina. March and April. — Rhizoma creeping. Stem seldom more than 6° long. Leaves 2' -4' long. 6. S. lanceolata, L. Stem tall, mostly unarmed ; branches terete ; leaves evergreen, rather thin, varying from lanceolate to oblong-ovate, acute at each end, 5-ribbed, paler beneath ; peduncle terete, as long as the petiole, many-flowered ; stigmas 3 ; berry globular, 3-seeded. — Rich woods and margins of swamps, Florida to North Carolina. August. — Stem sometimes 20° - 30° long. Root- stock tuberous. Leaves 3' - 4' long. •»- •»- Berries black. 7. S. laurifolia, L. Stem stout, armed with strong prickles ; branchlets 1 -angled, unarmed; leaves evergreen, coriaceous, varying from ovate to lance- olate, obtuse, mucronate, 3-nerved ; peduncles shorter than the pedicels ; stigma solitary ; berry globular, 1-seeded. (S. alba, Ph. ?) — Swamps and margins of ponds, Florida to North Carolina. July and Aug. — Stem climbing high. Leaves 3' - 5' long. Berries maturing in the fall of the succeeding year, very abundant. 8. S. auriculata, Walt. Stem commonly low and straggling, slender, armed with short prickles ; branches flexuous, 4-angled ; leaves evergreen, rigid, small, strongly 3-ribbed, varying from lanceolate to ovate, entire or hastate - 3-lobed, acute at each end ; peduncles shorter than the pedicels, many-flowered ; stigmas SMILACE^E. (SMILAX FAMILY.) 477 2 - 3 ; berry small, globular 2 - 3-seeded. (S. ovata, Pursh ? Ell.} — Dry sand- ridges along the coast, Florida to North Carolina. May and June. — Stem trail- ing, or covering small bushes. Leaves 1' - 2' long, strongly reticulated. Flowers small, very fragrant. 9. S. rotundifolia, L. Stem climbing high, armed with scattered prickles ; branchlets 4-angled ; leaves thin, ovate or round-ovate, entire, abruptly pointed, mostly rounded or slightly cordate at the base ; peduncles few-flowered, rather longer than the pedicels, flattened; berry globular, 3-seeded, blue-black. (S. caduca, L. S. quadrangularis, Muhl.) — Swamps in the middle and upper dis- tricts, and northward. June. — Plant yellowish green. Leaves 2' -4' long. 2. COPROSMANTHTJS, Torr. Cells of the ovary 2-ovuled. — Stems herbaceous, unarmed. Peduncles and petioles elongated. Berry blue-black. Otherwise like Smilax. • 1. C. herbaceus, Kunth. Stem erect (l°-3° high), mostly simple, leafy above ; leaves few, oblong or oval, mucronate, pubescent, 5-nerved, the upper ones whorled, the lower bract-like; peduncles few (3' -4' long), below the leaves; berry 2 -3-seeded. (Smilax herbacea, L.) — Dry fertile soil, Florida to North Carolina. June. — Flowers fetid. 2. C. peduncular is, Kunth. Stems curving or climbing (3° -5° long), branched, leafy ; leaves alternate, round-cordate, acuminate, smooth ; peduncles numerous, axillary (4' -6' long) ; berry 6-seeded. (Smilax peduncularis, Muhl.) — Rich soil in the upper districts, and northward. June. — Flowers fetid. 3. C. tamnifolius, Kunth. Stems erect or climbing; leaves hastate, cordate, obtuse, mucronate, 5-nerved, smooth, the upper ones narrower ; pedun- cles longer than the petioles; berry 2 -3-seeded. ( Smilax tamnifolia, Michx.) — Pine barrens, South Carolina, and northward. July. 3. TRILLIUM, L. Flowers perfect. Perianth 6-leaved, the three exterior leaves calyx-like, per- sistent, the interior withering. Stamens 6, inserted at the base of the perianth. Filaments short : anthers adnate, linear, 2-celled. Ovary 6-ribbed, 3-celled, with numerous anatropous horizontal ovules in each cell. Styles or stigmas 3, slen- der, stigmatic within, recurved, persistent. Fruit a roundish 6-sided many- seeded purple berry. •— Low perennial herbs, with tuberous rootstocks, and simple stems, which are sheathed at the base, and terminated with a whorl of three broad leaves and a single sessile or peduncled showy flower. Flower sessile, erect. 1. T. sessile, L. Rootstbck horizontal ; stems slender, commonly two or more in a cluster ; leaves sessile, broadly oval, widest in the middle, abruptly short-pointed, narrowed at the base, 3- 5-nerved, variegated above with paler and deeper green ; petals dark purple, lanceolate, erect, much longer than the lanceolate spreading sepals, — Rich shady woods, in the upper districts, and 478 SMILACE^E. (SMILAX FAMILY.) northward. March and April. — • Stems 6'- 12' high. Leaves 1'- 3' long. Pet- als 10" -15" long. 2. T. discolor, Wray ? Eootstock tuberous, vertical ; stem stout, solitary ; leaves sessile, varying from ovate-lanceolate to broadly ovate, tapering from near the base to the apex, 3 - 7 -nerved, variegated above with green and brown or dark purple ; petals erect, oblong, obtuse, narrowed below, dark purple varying into green, rather longer than the lanceolate, spreading sepals ; filaments very short, purple. — Rich woods, in the middle and lower districts, Florida to South Carolina. Feb. and March. — Stem 6' - 12' high. Leaves 3'- 5' long. Petals iy- 2' long. * * Flower on an erect or declining peduncle. 3. T. pusillum, Michx. Stem slender; leaves sessile, lanceolate or ob- long, obtuse, 3-nerved ; peduncle erect, shorter than the spreading flower ; petals lanceolate, pale flesh-color, acutish, one third longer than the lanceolate obtuse sepals ; filaments slender, as long as the anthers ; stigmas united below into a slender style, longer than the filaments. — Pine barrens in the low country of Carolina, Michaux. North Carolina, Curtis. — Stem 6' - 8' high. Leaves l£'- 2' long. Flower 8" - 10" long. 4. T. erectum, L. Stem solitary; leaves sessile, broadly rhomboidal, abruptly acuminate, acute at the base ; peduncles longer than the spreading flowers (l^'-3' long), at length declined; petals oval or oblong, obtuse or acutish, dark-purple, rather longer than the lanceolate-ovate acute sepals ; fila- ments shorter than the anthers, or the short and distinct stigmas. (T. rhomboi- deum, Michx.) — Varies with smaller white or yellowish flowers. — Shady woods, on the mountains of North Carolina, and northward. May. — Stem 1° high. Leaves 3;- 5' long, and of the same width. Flowers 1'- l£' long, fetid. 5. T. grandiflorum, Salisb. Stem solitary ; leaves rhombic-ovate, abruptly acuminate, nearly sessile ; peduncle longer than the erect-spreading flower, erect or slightly declined; petals obovate, white, much longer and broader than the lanceolate acutish sepals ; filaments slender, shorter than the anthers, nearly equalling the short recurved stigmas. — Shady woods on the mountains of Carolina, Elliott, and northward. May. — Stem 1°-1\|° high. Leaves 3' - 5' long. Petals 2' long, changing to rose-color. 6. T. erythrocarpum, Michx. Stem solitary; leaves ovate, long- acuminate, rounded at the base, short-petioled ; peduncle (l'-2; long) erect, longer than the widely-spreading flower; petals oblong, acutish, wavy, much longer than the lanceolate sepals, white, striped with purple at the base ; stigmas slender, longer than the anthers; berry red. — Rich shady woods in the upper districts, Georgia, and northward. April and May. — Stem 1° high. Leaves 3' - 5' long. Flowers 9 " - 1 2" long. * * * Flower on a recurved peduncle. 7. T. cernuum, L. Stems 2-3 together; leaves broadly rhomboidal, abruptly acuminate, short-petioled; peduncle mostly shorter than the small flower ; petals white, oblong-ovate, acute, wavy, recurved, rather longer than ROXBURGHIACEJE. (ROXBURGHIA FAMILY.) 479 the lanceolate sepals ; stigmas short, distinct, exceeding the short erect anthers. — Shady woods in the upper districts, Georgia, and northward. April and May. — Stem 1°- l£° high. Leaves 2'- 6' long, and nearly as broad. Petals 8" -12" long. 8. T. stylosum, Nutt. Stem solitary, slender ; leaves oval or oblong, acute, short-petioled ; peduncle shorter than the large flower ; petals rose-color, oblong, obtuse or abruptly pointed, wavy, spreading, much longer and broader than the lanceolate sepals; stigmas slender, united below the middle, much shorter than the long recurved anthers. (T. nervosum, and T. Catesbsei, Ell.) — Low shady woods in the upper districts, Georgia to North Carolina. April and May. — Stem 1° - l£° high. Leaves 4' long. Petals l£' - 2' long. 4. MEDEOLA, Gronov. Flowers perfect. Leaves of the perianth 6, similar, deciduous. Stamens 6, erect, hypogynous : anthers linear-oblong, fixed near the base, introrse. Ovary globose, 3-celled, with six anatropous ovules in each cell. Styles 3, slender, recurved, stigmatic within. Berry globose. 1 M. Virginia a, L. Rhizoma horizontal, tuberous ; stem simple, slen- der, clothed with loose deciduous wool, bracted below, bearing above the middle a whorl of 6 - 8 oblong-lanceolate acute leaves, and at the summit a smaller whorl of 3-4 ovate leaves, which surround the 2-8 small greenish nodding flowers ; styles red. — Shady banks, Middle Florida, and northward. June. — Stem 2° high. ORDER 150. ROXBTJRGHIACE.E. (ROXBURGHIA FAMILY.) Herbs or twining shrubs, with petioled parallel-nerved reticulated leaves, and perfect axillary racemose flowers. — Perianth 4-leaved or 4-parted. Stamens 4, hypogynous: anthers 2-celled, introrse. Ovary free, or united with the base of the perianth, 1-celled. Stigma sessile. Ovules few or numerous, anatropous. Placenta parietal. Capsule 2-valved. Seeds fixed to hairy or fibrillous cords, erect or pendulous. Embryo minute or slender, in fleshy albumen. 1. CROOMIA, Torr. Perianth deeply 4-parted, persistent, the spreading nerveless oval divisions imbricated in the bud. Filaments separate, thick, erect, inserted on the base of the perianth opposite its lobes : anthers short, oblique, with the connective mi- nute or wanting. Ovary globose-ovate, sessile. Stigma 2-lobed. Ovules 4-6. Fruit follicular, beak -pointed, at length 2-valved. Seeds 1-4, obovate, sus- pended from the apex of the nerve-like, at length free placenta, nearly covered by the fibres of the cord. Embryo minute, obovate. — A low perennial herb, 480 LILTACE^. (LILY FAMILY.) from a slender creeping rhizoma. Stem simple, sheathed at the base, leafy at the summit. Leaves 4-6, alternate, oblong-cordate, 5-9-ribbed. Peduncles few-flowered. Flowers small, greenish, on jointed nodding pedicels, which are thickened upward. 1. C. pauciflora, Torr. — Shady woods, Florida, Georgia, and Alabama. April. — Stem 6' - 12' high. Leaves 2' - 4' long, thin, spreading. ORDER 151. LJUACEJE. (LILY FAMILY.) Chiefly herbs, with sessile or sheathing parallel-nerved leaves, and per- fect flowers. — Perianth corolla-like, 6- (rarely 4-) leaved or lobed, free from the 2- 3-celled ovary. Stamens 6 (rarely 4), hypogynous or perigy- nous : anthers introrse (except in No. 9). Styles united. Stigmas 3, distinct or united. Fruit a capsule or berry, few - many-seeded. Seeds anatropous or amphitropous. Embryo small, in fleshy or hard albumen. Synopsis. TEIBE I. A SPAR AGE JE. Fruit a berry. Divisions of the perianth more or less united (except No. 4). — Leaves broad. 1. POLYGONATUM. Flowers axillary. Perianth tubular. Stems leafy. 2. SMILAC1NA. Flowers in a terminal raceme. Perianth spreading. Stems leafy. 3. CONVALLARIA. Flowers racemed. Perianth 6- lobed. Scape naked. 4. CLINTONIA. Flowers umbelled. Perianth 6-leaved. Scape naked. TRIBE II. ASFHODELE^. Fruit a capsule. Divisions of the perianth united at the base. — Stems scape-like. Leaves linear, rarely lanceolate. # Root a coated bulb. 5. ALLITJM. Flowers umbelled, from a scarious spathe. Seeds smooth and black. & NOLINA. Flowers racemed, white. Stigmas 3. Seeds roughened, brown. * * Root a tuberous rhizoma. 7. SCHCENOLIRION. Flowers racemed, white. Seeds smooth and black. Leaves equitant. TEIBE III. TUIjIPACE.S2. Fruit a capsule. Divisions of the perianth distinct, de- ciduous. — Stems leafy. * Bulbous-rooted herbs. Seeds pale. 8. -ERYTHRONIUM. Seeds ovoid, with a membranaceous appendage at the apex. Stem 2 -leaved. 9. LILIUM. Seed flat, winged, not appendaged. Stem many-leaved. * * Palm-like arborescent plants. Seeds black. 10. YUCCA. Stigmas 3, nearly sessile. Capsule dry or pulpy. Leaves spiny-pointed. 1. POLYGONATITM, Desf. Perianth tubular, 6-cleft. Stamens 6, inserted on the middle of the tube, in- cluded : anthers sagittate, fixed at the base. Ovary 3-celled, with 3-6 6vules in each cell. Style slender: stigma obtuse. Berry few-seeded. — Khizoma creeping. Stem simple, leafy. Leaves oval or oblong. Peduncles axillary, 1 - few-flowered. Flowers drooping, on bractless pedicels. (LILY FAMILY.) 481 1. P. biflorum, Ell. Stem terete or furrowed, smooth, curving above; leaves 2-rankcd, sessile or slightly clasping, oblong, 3-7-nervcd, smooth, or pubescent beneath ; peduncles much shorter than the leaves, 1 - 4-flowered ; flowers greenish ; filaments granular-roughened ; berry dark-blue. (P. pubes- cens, and P. multiflorum, Pursh.) — Shady banks, Florida, and northward. May. — Stem l°-2° high, naked below. Leaves 3' -4' long, acute or obtuse. Flowers 4" - 5" Ions. 2. SMILACIWA, Desf. SOLOMON'S SEAL. Perianth 4- or 6-parted, spreading, deciduous. Stamens 4 or 6, inserted on the base of the perianth : anthers ovate. Ovary 2 - 3-celled, with two ovules in each cell. Style short and thick : stigma obscurely 3-lobed. Berry globular, 1 - 2-seeded. — Stems simple, erect, leafy. Flowers small, white, in a terminal raceme or panicle. § 1. SMILACINA. Divisions of the perianth and stamens 6. Ovary 3-celled. 1. S. racemosa, Desf. Pubescent; rhizoma thick; stem flexuous, curv- ing and leafy above ; leaves numerous, 2-rankcd, oblong, acuminate, nearly sessile, strongly ribbed ; flowers numerous, in a close raceme or panicle ; berry red, spotted. — Rich soil in the upper districts, and northward. June and July. — Stem 1° - 2° high. Leaves 3' - 5' long. § 2. MAIANTHEMUM. Divisions of the perianth and stamens 4. Ovary 2-celled. 2. S. bifolia, Ker. Smooth; rhizoma slender; stem low, erect, 2-leaved above ; leaves ovate, cordate, sessile or clasping, finely nerved ; raceme simple, few-flowered ; berry red, spotted. — High mountains of North Carolina, and northward. June. — Stem 3' - 6' high. Leaves 1 ' - 2' long. 3. CONVALLARIA, L. LILY or THE VALLEY. Perianth bell-shaped, 6-cleft, deciduous. Stamens 6, inserted on the base of the perianth, included : anthers fixed at the base. Ovary 3-celled, tapering into the thick style. Ovules 4 - 6 in each cell. Stigma truncate. Berry globose, few-seeded. — A perennial stemless herb, with a creeping rhizoma, and white racemose flowers. 1. C. majalis, L. — High mountains of North Carolina. May. — Smooth. Rhizoma slender. Leaves two, oblong, their long petioles convolute, one within the other. Scape semi-terete, bearing a 1 -sided raceme of fragrant nodding flowers. Berry red. 4. CLINTONIA, Eaf. Perianth bell-shaped, 6-leaved, deciduous. Stamens 6, inserted oa the base of the perianth. Filaments filiform ; anthers linear-oblong. Ovary 2 - 3-celled, with two or more ovules in each cell. Style elongated : stigma obtuse. Berry 2 - many-seeded. — Stemless herbs, with creeping rootstocks, large radical sheath- 41 482 LILIACE^E. (LILY FAMILY.) ing leaves, and an umbel of white or greenish flowers terminating the naked scape. Berries blue. 1. C. umbellata, Torr. Leaves 2-4, oblong, ciliate on the keel and margins; scape pubescent ; umbel many-flowered ; flowers small (3" -4" long), white spotted with green or purple ; ovules 2 in each cell. (Smilacina urnbel- lata, Desf.) — Shady woods on the mountains, Georgia, and northward. June. — Scape 8' - 12' high, rather longer than the leaves. 2. C. borealis, Raf. Leaves obovate-oblong, ciliate on the margins, acute ; scape and 2 - 7-flowered umbel pubescent; flowers (6" -9" long) greenish yel- low ; ovules numerous. — Cold swamps on the high mountains of North Caro- lina, and northward. June. — Scape and leaves 8'- 10' high. 5. ALLIUM, L. OXION. Perianth 6-parted, spreading, persistent. Stamens 6, inserted on the base of the perianth. Filaments subulate, the interior ones more or less dilated at the base. Ovary 3-celled. Style filiform : stigma entire. Capsule loculicidally 3-valved. Seeds anatropous or campylotropous, single or few in each cell, angled, black. — Strong-scented stemless herbs, with bulbous roots, and a naked scape, ending in an umbel of small flowers, from a 2 - 3-leaved spathe. — Flow- ers sometimes changed into bulblets. * Ovules solitary in the cells. 1. A. tricoccum, Ait. Leaves lanceolate-oblong, acute, flat, long-taper- ing toward the base, early withering ; umbel small, dense, many-flowered, erect ; leaves of the perianth oblong, obtuse, longer than the stamens. — Mountains of North Carolina, and northward. July. — Bulbs clustered. Scape 1° high. Flowers white. * * Ovules 2 in each cell. 2. A. cernuum, Roth. Leaves linear, channelled; scape angled; umbel many-flowered, nodding ; leaves of the perianth acute ; stamens exserted ; ovary 6-toothed. — Mountains of South Carolina, and northward. July. — Scape l°-l£°high. Flowers rose-color, on slender pedicels. , • 3. A. Canadense, Kalm. Leaves narrowly linear, concave ; scape terete ; umbel erect, bearing a cluster of bulbets, intermingled with a few stalked rose- colored flowers ; spathe 1 - 2-le^ved ; leaves of the perianth obtuse, as long as the stamens ; ovary 6-toothed. — Banks of rivers, Florida, and northward. June. — Scape 1,° high. Outer coats of the bulb white and scarious. 4. A. mutabile, Michx. Leaves very narrow, concave; scape terete, umbel erect, many-flowered ; spathe 3-leaved ; leaves of the perianth acute, as long as the stamens, white changing to rose-color. — Dry sandy soil, Florida to North Carolina. May and June. — Scape 1° high. Outer coats uf the bulb composed of a network of fine fibres. * * * Ovules several in each cell. 5. A. striatum, Jacq. Leaves linear, concave; umbel erect, 3-10-flow- ered; spathe 2-leaved; perianth longer than the stamens, white, the exterior (LILY FAMILY.) 483 leaves green on the keel. — Low pine barrens, Florida to North Carolina. March and April. — Scape 6' - 12' high. Pedicels 1' - 2' long. Flowers 5" long. Leaves streaked on the back. 6. A. Carolinianum, Red. Scape naked ; leaves linear, even beneath ; spathe 2-leaved ; umbel fastigiate ; leaves of the perianth oblong, obtuse ; sta- mens subulate, twice as long as the perianth ; capsule many-seeded. — In Caro- lina. — Bulbs clustered. Flowers white, rose-color without. ( * ) 6. NOLINA, Michx. Perianth 6-parted, spreading, withering-persistent ; the divisions similar, oblong- lanceolate, 1-nerved. Stamens 6, inserted on the base of the perianth ; filaments subulate : anthers cordate. Style very short, persistent : stigmas 3, recurved. Ovary 3-angled, 3-celled, with two anatropous collateral ascending ovules in each cell Capsule mcmbranaceous, obovate, wing-angled, 3-valved, mostly 1-seeded. Seed oblong-obovate, dull brown and roughish, slightly incurved; longitudinally grooved on the inner face. Embryo slender, straight, shorter than the fleshy albumen. — Root large, bulbous. Leaves numerous, all radical, very long and narrow, recurved, keeled, rough on the margins. Scape branch- ing above. Flowers small, white, crowded in long bracted racemes. Pedicels jointed, reflexed in fruit. 1. N. Georgiana, Michx. — Dry sand-hills in the middle districts of Georgia and South Carolina. April and May. — Bulb very large, tunicated. Scape 2° -3° high, with a few scales near the base. Leaves l°-2° long, dry and harsh. 7. SCHCENOLIRION, Torn Perianth 6-parted, spreading, withering-persistent ; the divisions 3 - 5-nerved. Stamens 6, inserted on the base of the perianth : filaments subulate : anthers cor- date-sagittate, introrse. Style subulate, persistent: stigma minutely 3-lobed. Ovary globose, 3-celled, with two anatropous ascending ovules in each cell. Capsule coriaceous, broadly obovate, obtusely 3-lobed, loculicidally 3-valved, 1-6-seeded. Seeds globose or angular, smooth, black, and shining. Embryo, straight, as long as the fleshy albumen. — Perennial herbs. Root a tuberous rhizoma. Scape branching above. Radical leaves smooth, equitant, sheathing, linear, concave, rounded on the back, the others, small and bract-like. Flowers small, white, in loose bracted racemes. Pedicels spreading, jointed. 1. S. Michauxii, Torr. Pedicels 2 -4 times the length of the bracts; divis- ions of the perianth oblong, the nerves somewhat distant. (Phalangium croceum, Michx. Ornithogalum croceum, Ell.) — Swamps, chiefly in the pine barrens, Georgia, Florida, and westward. May and June. — Rhizoma cylindrical. Scape 2° high, slender. Leaves 1° long. 8. ERYTHRONIUM, I,. DOG'S-TOOTH VIOLET. Perianth corolla-like, with six spreading or recurved deciduous separate leaves; the three inner ones grooved and 2-toothed at the base. Stamens 6, 484 LILIACE^E. (LILY FAMILY.) slender : anthers oblong-linear, erect. Style slender : stigma 3-lobed. Capsule obovate, 3-angled, many-seeded. Seeds ovoid, with a loose membranaceous appendage at the apex, — Low herbs from a scaly bulb. Stems low, scape-like, bearing near the middle a pair of oblong spotted sheathing leaves, and at tho apex a single nodding flower. 1 . E. Americanum, Smith. Bulbs deep, the younger ones bearing only a single leaf; leaves lanceolate or oblong, tapering into the sheathing base, va- riegated with pale and deep green; flowers (!' long) yellow, spotted near the base; style club-shaped, 3-angled; stigma obscurely 3-lobed. — Rich woods, Middle Florida, and northward. Feb. and March. 9. LILIUM, L. LILT. Perianth corolla-like, 6-leaved, deciduous, the leaves spreading or recurved above, sessile or clawed, with a nectariferous groove near the base. Stamens 6, elongated; anthers linear, extrorse in the bud, versatile. Style filiform, elon- gated ; stigma 3-lobed. Capsule oblong, many-seeded. Seeds flat, membrana- ceous, horizontal, crowded in the cells. — Leafy herbs, from scaly bulbs. Leaves scattered or whorled, sessile. Flowers large, erect, or nodding. * Flowers erect: leaves of the perianth spreading, clawed. ' , 1. L. Philadelphicum, L. Leaves lanceolate, the upper ones whorled ; flowers 1-3, reddish-orange spotted with purple ; leaves of the perianth lanceo- late, abruptly pointed. — Mountains of North Carolina, and northward. July. — Stem 1 ° - 2° high. Flowers 2 ' long. 2. L. CatesbSBi, Walt. Leaves linear-lanceolate, all scattered and erect; flower solitary, terminal, scarlet, variegated with yellow and purple ; leaves of the perianth lanceolate, acuminate, with the margins of the claws involute ; the three inner ones broader and ribbed on the back ; capsule oblong, nearly terete. — Low pine barrens, Florida to North Carolina. Aug. and Sept. — Stem l°-2°high. Leaves 1'- 2' long, obscurely nerved. Flowers 3' - 4' long. * * Flowers nodding ; leaves of the perianth recurved, sessile. 3. L. Canadense, L. Stem commonly few-flowered; leaves in remote whorls, lanceolate, 3-nerved, hairy on the nerves beneath; flowers long-peduncled ; leaves of the perianth recurved, yellow spotted with purple. — Mountain-mead- ows, Georgia, and northward. June and July. — Stem 2° - 3° high. Leaves and flowers 2' - 3' long. 4. L. SUperbum, L. Stem commonly many-flowered; leaves smooth, lanceolate, 3-nerve<l, the lower ones whorled, the upper scattered ; leaves of the perianth revolute, rather obtuse, orange spotted with purple. — Rich soil in the middle and upper districts, Georgia, and northward. June and July. — Stem 3° - 6° high. Flowers, when numerous, disposed in a pyramidal raceme. Var. Carolinianum. (L. Carolinianum, Michx.) Leaves often all scat- tered, broader, more tapering at the base, faintly nerved; flowers 1-3; leaves of the perianth acute. — Swamps in the lower districts. July. — Stem 2° -3° high. MELANTHACE^:. (COLCHICUM FAMILY.) 485 10. YUCCA, L. SPANISH BAYONET. Perianth cup-shaped, corolla-like, 6-leaved. Sepals and petals nearly alike, late-deciduous. Stamens 6, with thick granular club-shaped filaments : anthers small, oval. Ovary 3-celled, 3-sided, grooved at the angles. Stigmas 3, nearly sessile, oblong, concave, 2-cleft. Ovules numerous, in two rows, the rows sep- arated by a false partition. Capsule oblong, 6-celled, pulpy and indehiscent, or dry and loculicidally 3-valved at the apex. Seeds numerous, flat, horizontal, smooth and black. — Plants with thick palm-like leafy stems (cauclex), numer- ous rigid and spine-pointed leaves, and white showy panicled flowers. * Stein short : capsule dry, 3-valved. 1. Y. filamentosa, L (BEAR-GRASS.) Stem short and leafy; leaves rather rigid, spreading or recurved, varying from linear to broad-lanceolate, green or glaucous, with thread-like, filaments on the margins ; scape elongated, brandling and pubescent above ; leaves of the perianth ovate-lanceolate, white tinged with yellow or purple ; capsule with 3 rounded angles, loculicidal at the apex, and at length separating at the inflexed sutures into three 2-celled carpels. (Y. puberula and Y. glaucescens, Haw.) —Light or sandy soil, Florida to North Carolina, and westward. June. — Stem rarely more than a foot above the ground. Leaves 1° - 2° ftng. Scape 4° - 6° high. * * Stem tall : capsule pulpy, 6-angled, indehiscent. 2. Y. gloriosa, L. Stem mostly simple, leafy at the summit ; leaves linear-lanceolate, rigid, smooth on the margins ; panicle large, smooth, pyrami- dal, short-peduncled ; flowers white, single or clustered ; leaves of the perianth lanceolate, acute. — Drifting sands along the coast, Florida to North Carolina, and westward. May and June. — Stem 2° -4° high. Leaves 1°-1\|° long. Panicle 2° - 3° long, 3. Y. aloifolia, L. Stem mostly branching, leafy above; leaves linear- ,,/£>« lanceolate, very rigid, strongly spine-pointed, very rough on the margins, the lower ones reflexed; panicle short, smooth, densely flowered, nearly sessile ; divis- ions of the perianth ovate-lanceolate, white tinged with purple. (Y. Draconis, L. Y. serrulata, Haw.) — Sands along the coast, Florida to North Carolina. May and June. — Stem 4° - 8° high. Leaves and panicle 1° - 1£° long. 4 Y. recurvifolia, Salisb. Leaves linear-lanceolate, recurved, with the margins sometimes filamentose ; interior leaves of the perianth wider than the exterior. — On the sea-coast of Georgia, Elliott. July and Aug. — Stem about 3° high. Flowers white, tinged occasionally with green and purple. ( ) ORDER 152. MELANTHACE^E. (COLCHICUM FAMILY.) Perennial herbs, with parallel-nerved leaves, and regular flowers. Perianth of 6 nearly equal divisions, free from or coherent with the base of the 3-celled ovary. Stamens 6 (in Pleea 9-12), inserted on the base of the perianth : anthers extrorse (except in Tofieldia and Pleea). Styles 41 486 MELANTHACE^. (COLCHICUM FAMILY.) 3, distinct or more or less united. Fruit a capsule or berry. Seeds anatropous. Embryo minute, in copious albumen. Synopsis. SUBORDER I. UVULARIE^E. (THE BELL WORT FAMILY.) Peri- anth corolla-like, bell-shaped, the divisions distinct and deciduous. Styles partly or wholly united. Fruit a few-seeded capsule or berry. — Stems forking and leafy above, sheathed below. Leaves ovate or lanceolate, sessile or clasping. Flowers perfect, solitary, nodding. 1. IIVULARIA. Fruit a 3-lobed loculicidal capsule. Flowers on short lateral branches. 2. PROSARTES. Fruit a 3 - 6-seeded berry. Flowers terminal, on straight peduncles. 3. STREPTOPUS. Fruit a many-seeded berry. Flowers axillary, on bent peduncles. SUBORDER II. MELANTHIEzE. (THE COLCHICUM FAMILY.) Perianth spreading ; the divisions mostly distinct, often clawed, withering- persistent. Styles separate. Fruit a 3-celled capsule. — Stems leafy at the base, simple or branched. Flowers in racemes or panicles, sometimes polygamous or dioecious. * Anther-cells confluent. •i- Leaves of the perianth biglandular near the base. , 4. MELANTHIUM. Flowers polygamous. Filaments partly adhering to the claws of the perianth. 5. ZIGADENUS. Flowers perfect. Filaments free from the perianth. -i- -t- Leaves of the perianth glandless. 6. STENANTIIIUM. Leaves of the perianth lanceolate, acute, coherent with the base of the ovary, longer than the stamens. 7. VERATRUM. Leaves of the perianth oblong or obovate, free from the ovary, longer than the stamens and short styles. Flowers polygamous. 8. AMIANTHIUM. Leaves of the perianth obovate, free, shorter than the stamens and slender styles. Flowers perfect, racemed. 9. SCHGENOCAULON. Leaves of the perianth oblong, shorter than the stamens, much longer than the very short styles. Flowers perfect, spiked. * * Anther-cells distinct. +- Capsule loculicidal. 10. XEROPHYLLUM. Flowers perfect. Capsule 6-seeded. Radical leaves grass-like. 11. CHAMJELIRIUM. Flowers dioecious. Capsule many-seeded. Radical leaves obovate. t- +- Capsule septicidal. Leaves equitant. Anthers introrse. 12. PLEEA. Stamens 9-12. Anthers versatile. Bracts spathe-like. 13. TOFIELDIA. Stamens 6. Anthers erect. Bracts short. 1. UVULARIA, L. BELLWORT. Perianth bell-shaped, corolla-like, the divisions distinct, grooved at the base within, deciduous. Filaments short: anthers linear, adnate. Style deeply 3- cleft : stigmas spreading. Capsule 3-lobed or 3-angled, loculicidally 3-valved at the apex. Seeds few, obovoid, half encircled by the tumid raphe. — Low herbs, MELANTHACE^E. (COLCHICUM FAMILY.) 487 from a slender, creeping rhizoma. Leaves sessile or perfoliate. Flowers nod- ding, solitary, lateral or at the apex of a 1 -leaved branch, yellow. ^ * Leaves rounded at the base, perfoliate. 1. U. perfoliata, L. Leaves ovate or oblong, glaucous beneath, the sides < revolute when young ; leaves of the perianth lanceolate, acute, granular-rough- ened within, pale yellow ; capsule obovate, truncate. (U. flava, Smith.) — Woods and thickets, Florida, and northward. April. — Stem 8' -12' high. Leaves l^'-2^' long. Flowers 1' long. 2. U. grandiflora, Smith. Leaves oblong, pale or closely pubescent beneath, the young ones revolute on the margins ; leaves of the perianth linear- lanceolate, acute, smooth within, greenish yellow ; anthers obtuse ; capsule obovate. — Woods and thickets, in the upper districts of Georgia, and north- ward. April, — Larger than the preceding. Leaves 2' - 5' long. Flowers l£' long. * * Leaves narrowed at the base, sessile. 3. TJ. sessilifolia, L. Smooth ; leaves lanceolate-oblong, glaucous be- neath ; flowers on short naked peduncle-like branches, opposite the leaves ; leaves of the perianth lanceolate, obtuse, barely longer than the 3-cleft style ; anthers obtuse ; capsule obovate, stalked. — Rich soil in the middle and upper districts, and northward. April. — Stem 6' -12' high. Leaves I'-ljp long. Flowers 8" long. 4. U. Floridana, n. sp. Smooth ; leaves oblong, slightly clasping, glau- cous beneath ; flowers on a slender 1 -leaved branch ; leaves of the perianth linear-lanceolate, acuminate, twice as long as the 3-cleft style ; anthers pointed. — Low shady woods, Middle Florida, March. — Stem 4' -6' high. Leaves thin, 1' long. Flowers 8" long, pale yellow. 5. U. puberula, Michx. Slightly pubescent ; leaves green on both sides, oval, rounded at the base and somewhat clasping, rough on the margins ; style 3-parted nearly to the base, as long as the short-pointed anthers ; capsule ovate, sessile. — Mountains of North Carolina. — Flowers yellowish-white. 2. PROSARTES, Don. Perianth bell-shaped, corolla-like, the divisions distinct, deciduous. Filaments filiform, much longer than the linear-oblong obtuse anthers. Styles united: stigmas spreading. Berry ovoid, acute, 3-6-seeded. — A low forking herb. Peduncles terminal, not bent nor twisted. 1. P. lanuginosa, Don. (Streptopus lanuginosus, Michx.) — High moun- tains of North Carolina. June. — Leaves 2' -3' long, sessile, ovate-oblong, acu- minate, oblique or slightly cordate at the base, 5-nerved, pubescent. Peduncles -1-2, terminal, slender, pubescent. Leaves of the perianth J' long, lanceolate, acuminate, 3-nerved, greenish. Style smooth. Berry red. 3. STREPTOPUS, Michx. Perianth bell-shaped, corolla-like, with the divisions distinct, deciduous, the inner ones keeled. Anthers sagittate, fixed near the base, entire, or 2-pomted at 488 MELANTHACE^E. (COLCHICUM FAMILY.) the apex, longer than the filaments. Styles united: stigma 3-cleft or entire. Berry nearly globose, many-seeded. — Erect herbs, with spreading branches. Leaves clasping. Peduncles opposite the leaves, bent or twisted in the middle. 1. S. roseus, Michx. Stem much branched, with the branches flexuous and sprinkled with hairs ; leaves ovate, or the uppermost lanceolate, acuminate, slightly clasping, ciliate on the margins, 5 - 7-nerved ; flowers mostly solitary, small, rose-color, nodding ; anthers 2-pointed at the apex ; stigma 3-cleft. — Shady woods on the mountains of Georgia, and northward. May. — Stem 2° high. Leaves 2'- 4' long, green on both sides. Flowers 3" - 4" long. 4. MELANTHIUM, L. Flowers monoeciously polygamous. Divisions of the. perianth spreading, long-clawed, somewhat cordate or hastate and biglandular at the base ; the fila- ments partly adhering to their claws : anthers reniform, becoming peltate, the cells confluent. Styles 3, subulate. Capsule membranaceous, 3-lobed, the cells separating and opening down the inner suture, several-seeded. Seeds flat, winged. — Stems tumid at the base, rough-pubescent above. Leaves long, lin- ear. Flowers panicled, cream-color, turning brownish. 1. M. Virginicum, L. Stem tall, simple, the upper portion, like the loose panicle, pubescent and somewhat hoary ; lowest leaves long, broadly lin- ear and clasping, the upper small and sessile ; flowers shorter than the pedicels, the upper ones perfect ; leaves of the perianth oblong or roundish, often acute, the slender claw adnate to the lower half of the filaments ; glands conspicuous. (M. hybridum, Walt., the claws concave and adnate to the filaments below the middle ; glands connivent or obscure.) — Swamps, Florida, and northward. July and Aug. — Stem 3° - 4° high. Lowest leaves 1° - l£° long. 5. ZIGADENUS, Michx. Flowers perfect. Leaves of the perianth ovate or oblong, spreading, sessile or nearly so, 1 - 2-glandular at the base. Filaments free from the perianth, and of equal length : anthers broadly cordate, becoming peltate. Styles 3, slender, spreading. Capsule membranaceous, 3-angled, septicidal at the apex, many- seeded. Seeds oblong, wingless, or slightly margined. — Stems smooth and simple. Lowest leaves crowded, linear. Flowers white, in crowded panicles. 1. Z. glaberrimus, Michx. Stem rigid, leafy, lowest leaves broadly linear, elongated, glaucous beneath, the upper small and scattered ; panicle small, rigid ; bracts ovate ; leaves of the perianth oblong, short-clawed, often with a white callus on one or both sides at the base; glands prominent; stamens and styles subulate ; seeds oblong — Pine-barren swamps, Florida to North Carolina. June and July. — Stem 2° - 3° high. Lowest leaves l°-l£° long. Panicle 6' -12' long, commonly dense. Flowers 1' in diameter, as long as the pedicels. 2. Z. leimanthoides, Gray. Stem slender, somewhat naked above; leaves narrowly linear, green on both sides ; panicle slender ; bracts lanceolate ; leaves of the perianth oval or obovate, sessile, the glands obscure or wanting ; MELANTHACE^E. (COLCHICUM FAMILY.) 489 stamens and styles filiform ; seeds narrowly margined, winged at the apex. (Helonias graminea, Ell.) — Mountain swamps, Georgia, and northward. July and Aug. — Stem -2° -4° high. Lowest leaves l°-2° long. Panicle 8' - 12' long. Flowers 4" in diameter, much shorter than the slender pedicels. 6. STENA3STTHIUM, Gray. Flowers perfect or polygamous. Leaves of the perianth lanceolate, acuminate, united at the base, and adnate to the base of the ovary, longer than the stamens. Glands none. Anthers roundish, becoming peltate. Styles short, subulate : stigmas minute. Capsule ovate, membranaceous, septicidal at the apex, several- seeded. Seeds nearly wingless. — Stem smooth, slender, tumid at the base. Lowest leaves elongated, channelled. Flowers small, greenish-white, in a simple panicle. 1. S. angUStifolium, Gray. (Veratrum angustifolium, Pursh.) — Shady woods and banks, Florida, and northward. June and July. — Stem 2° - 3° high. Lowest leaves l°-2° long. Panicle l°-2°<Jong, composed of simple spiked racemes ; the lower flowers often sterile. Perianth about 4" in diameter, nearly sessile, twice as long as the stamens. 7. VERATRUM, Tourn. FALSE HELLEBORE. Flowers polygamous. Leaves of the perianth spreading, distinct, oblong or obovate, narrowed at the base, free from the ovary, glandless, longer than the stamens. Styles short, subulate. Capsule oblong, membranaceous, 3-pointed, the cells opening above at the inner suture. Seeds few, flat, broadly winged. — Stems leafy, tumid at the base, pubescent. Leaves oval or oblong, plaited. Flowers in ample panicles, green or purplish-brown. 1. V. viride, L. Stem stout, leafy throughout; leaves broadly oval, acute, strongly plaited, clasping, pubescent beneath ; panicle pyramidal, composed of numerous dense racemes ; divisions of the perianth oblong, smooth, yellowish green, longer than the pedicels and twice as long as the stamens. — Mountain meadows, Georgia, and northward. April and May. — Stem 3° - 7° high. Lower leaves 1° long. Flowers large. — The plant is possessed of active, but deleterious properties. « 2. V. intermedium, n. sp. Stem slender, leafy ; lowest leaves nearly smooth, lanceolate or oblong, acute, narrowed into a long sheathing petiole, strongly plaited , the upper ones small, lanceolate, scattered, pubescent beneath ; panicle large, composed of long and slender loosely-flowered racemes ; leaves of the perianth spatulate-oblong, dark brown within, hoary puberulent without, as long as the pedicels, rather longer than the stamens ; ovary woolly ; lobes of the capsule winged ; seeds linear-oblong, broadly winged. — Eich shady hummocks, Middle Florida. July. — Stem 3° - 5° high. Lower leaves 1° long. Flowers 6"- 8" wide. Intermediate between V. Woodii, Robbim, and the next, of which it may prove to be a variety. 3. V. parviflorum, Michx. Stem slender, naked above ; leaves varying from lanceolate to oval, smooth, slightly plaited, narrowed into sheathing peti- 490 MELANTHACEJS. (COLCHICUM FAMILY.) oles ; panicle slender, long and spreading, loosely flowered ; leaves cf the peri- anth greenish, spatulate, smooth, rather shorter than the pedicels, twice as long as the stamens; ovary smooth. — Mountains of North Carolina. July. — Stem 2° - 5° high. Lowest leaves 9'- 12' long. Flowers 4" - 5" wide. 8. AMIANTHIUM, Gray. FLY-POISON. Flowers perfect. Leaves of the perianth oblong or obovate, sessile, spreading, glandless, shorter than the slender stamens. Anthers kidney -shaped, becoming peltate. Styles slender : stigmas minute. Capsule membranaceous, 3-lobed, the cells separating and opening down the inner suture, few-seeded. Seeds oblong or linear, wingless. — Stems simple, smooth, tumid or bulbous at the base, scape-like above. Lowest leaves long and crowded. Flowers white, in a simple raceme. 1. A. muscsetoxicum, Gray. Stem bulbous at the base, somewhat angled ; lowest leaves strap-shaped, obtuse, channelled, the uppermost small and bract-like ; raceme cylindrical, densely flowered ; leaves of the perianth oblong, nearly equalling the stamens ; styles spreading ; seeds ovoid, red. (Helonias erythrosperma, Michx.) — Eich woods, Florida, and northward. May and June. — Stem 1° -2° high. Flowers small, turning greenish. 2. A. angUStifolium, Gray. Stem tumid at the base, slender, terete; leaves linear, acute, channelled, somewhat glaucous, the lowest very long, the uppermost small and bract-like ; raceme oblong, mostly densely flowered ; leaves of the perianth oval, shorter than the stamens ; styles erect ; seeds linear. (Helonias angustifolia, Michx.} — Low pine barrens, Florida to North Carolina. May and June. — Stem 2° high. Flowers turning purple. 3. A. ? aspericaule, Gray. Stem and flowers pulverulent-roughened ; stem-leaves linear-lanceolate, flat; flowers in a small (2' long) spike-like panicle, composed of spiked racemes. — Near Columbia, South Carolina, Curtis. — Plant imperfectly known. 9. SCHCENOCAULON, Gray. Flowers perfect. Leaves of the perianth somewhat spreading, linear-oblong, glandless ; filaments subulate, at length twice as long as the perianth : anthers kidney -shaped, becoming peltate. Ovary 6 - 8-ovuled. Styles very short : stig- mas minute. Capsule and seeds unknown. — Scape very slender, bulbous at the base. Leaves all radical, very long and narrow, dry, channelled. Flowers small, pale green, crowded in a slender spike. 1. S. gracilis, Gray. (Helonias? dubia, Michx.} — Dry sands, Georgia and Florida. April and May. — Leaves l°-2° long, scarcely 1" wide. Scape 2° - 3° high, rush-like. Spike 3' - 4' long. 10. XEROPHYLLUM, Michx. Flowers perfect. Leaves of the perianth widely spreading, sessile, oval, as long as the subulate filaments. Anthers round-ovate, 2-celled. Styles filiform : MELANTHACE^E. (COLCHICUM FAMILY.) 491 stigmas decurrcnt within. Capsule roundish, 3-lobed, loculicidally 3-valved. Seeds 2 in each cell, collateral, oblong, wingless. — Stem bulbous at the base, simple, leafy. Leaves dry, rigid, rough on the margins, very narrow, dilated at the base ; those of the stem very numerous and needle-shaped. Flowers white, in a simple dense raceme. 1. X. asphodeloides, Gray. (Helonias asphodeloides, L.)— Dry sandy soil, North Carolina, and northward. May and June. — Stem 3° - 5° high. Eadical leaves spreading, 1° or more long, very slender-pointed. Flowers 2" long. Stamens dilated below. 11. CHAMJELIBIUM, Willd. Flowers dioecious. Leaves of the perianth linear-spatulate, shorter than the filiform, filaments. Anthers 2-celled, roundish. Styles club-shaped : stigmas decurrent. Capsule ovoid, 3-angled, loculicidally 3-valved, many-seeded. Seeds linear-oblong, winged at the ends. — Stem simple, from a thick rhizoma, leafy. Lowest leaves spatulate or obovate, the others linear or lanceolate. Flowers small, white, in a simple spiked raceme. 1. C. luteum, Gray. (Helonias dioica, Pursh.) — Low grounds, Florida, and northward. May and June. — Stem l°-2° high, furrowed. Radical leaves clustered, 2' -4' long, spreading; the uppermost small and bract-like. Racemes 6' -12' long, the sterile ones slender and drooping at the summit; the fertile rigid and erect. Perianth inconspicuous. 12. PLEEA, Michx. Flowers perfect. Leaves of the perianth sessile, widely spreading, lanceolate, rigid. Stamens 9-12, shorter than the perianth : filaments slender : anthers linear, introrse, 2-cleft at the base, versatile. Styles short, subulate . stigmas simple. Capsule coriaceous, ovate, 3-lobed, many-seeded ; the cells opening down the inner suture. Seeds oblong, bristle-pointed. — Stems smooth and slender, from clustered rootstocks. Leaves chiefly radical, very narrow, 2-edged, equitant. Flowers few in a simple raceme, white. Bracts spathe-like, clasping. 1. P. tenuifolia, Michx. — Pine-barren swamps and bogs, Florida to North Carolina. Oct. — Stem rush-like, 2° high. Radical leaves erect, rigid, perennial, 6' - 9' long. Raceme rigid, 6 - 9-flowered, the erect pedicels enclosed in the rigid clasping bracts. Flowers 1' wide, greenish without. 13. TOFIELDIA, Hudson. Flowers perfect. Leaves of the perianth spreading, sessile, oblong or obovate. Filaments subulate • anthers innate or introrse, 2-celled. Styles subulate : stig- mas terminal. Capsule 3-angled, septicidally 3-partible, many-seeded. Seeds oblong. — Stems simple, scape-like, from creeping rootstocks. Leaves linear, 2-edged, equitant. Flowers small, whitish, in spikes or racemes. Pedicels commonly minutely 3-bracted under the flower. 492 JUNCACE.E. (RUSH FAMILY.) § 1. TOFIELDIA proper. Racemes simple, the flowers successively opening from the base upward (centripetal) : anthers introrse : seeds without appendages. — Smooth herbs. 1. T. glabra, Nutt. Stem leafy at the base, and sparingly above ; leaves linear ; racemes densely flowered ; stamens slightly exserted ; styles very short. (T. glaberrima, Macbride.) — Low pine barrens, in the middle and lower dis- tricts of North and South Carolina. Oct. — Stem 1° - 2° high. Raceme 2' - 4' long. Flowers white. • § 2. TRIANTHA. Racemes compound; the flowers successively opening from the apex downward (centrifugal) : anthers innate: seeds with tail-like appendages at each end. — Pubescent herbs. 2. T. pubens, Ait. Stem and pedicels rough-puberulent ; leaves long, linear; racemes (3' -6' long) loosely flowered ; pedicels mostly three in a clus.- ter, longer than the greenish-white flowers ; capsule as long as the perianth. — Low pine barrens, Florida to North Carolina, and westward. Sept. — Stem 1° - 1£° high. Leaves 6' - 12' long. 3. T. glutinosa, Willd. Stem and pedicels clammy-pubescent; leaves short, linear-sword-shaped; racemes (!' long) dense-flowered , pedicels 3 - 5 in a cluster, shorter than the yellowish flowers ; capsule longer than the perianth. — Mountains of North Carolina, and northward. June. — Stem 1°-1^° high. Leaves 4' - 6' long. ORDER 153. JUNCACE^E. (Rusn FAMILY.) Tough grass-like herbs, with naked or leafy and jointed stems, flat or terete leaves, and regular cymose-clustered or panicled flowers. — Peri- anth of six nearly equal calyx-like persistent divisions. Stamens 3 or 6, inserted on the base of the sepals : anthers 2-celled, introrse, fixed at the base. Ovary free from the perianth, 1-3-celled, 3 - many-ovuled. Style single : stigmas commonly 3, hairy. Capsule septicidally 3-valved. Seeds anatropous. Embryo minute at the base of the albumen. Synopsis. 1. LUZULA. Capsule 1-celled, 3-seeded. Leaves mostly hairy, 2. JUNCUS. Capsule many-seeded ; the placentae separating with the partitions. Smooth herbs, with alternate leaves , 8- CEPHALOXYS. Capsule many-seeded , the placentae united into a 3-winged central col- Stem-leaves nearly opposite. 1. LUZULA, DC. WOOD-BUSH. Sepals flat. Stamens 6. Style very short : stigmas filiform, villous. Cap- sule 1-celled, 3-valved, 3-seeded. Seeds erect from the base of the cell. — Peren- nial herbs, with flat mostly hairy leaves, and umbellate or spiked flowers. JUNCACE^:. (RUSH FAMILY.) 493 1. L. campestris, DC. Stem leafy; leaves linear, hairy; flowers in dense ovoid umbellate spikes ; capsule roundish ; seeds with a conical append- age at the base. (Juncus campestris, L.) — Dry woods and banks, Florida, and northward. March and April. — Stems clustered, 1° high. 2. L. pilosa, Willd. Stem leafy; leaves linear or lanceolate-linear, hairy; flowers single, umbellate ; capsule ovate ; seeds with a curved appendage at the apex. — Mountains of North Carolina, and northward. May. — Plant 6' -9' high. 2. JUNCUS, L. EUSH. Outer sepals keeled. Stamens 3 or 6. Style very short : stigmas villous. Capsule 3-celled, or imperfectly 3-celled ; the partitions adherent to the valves, and bearing the placenta? at their inner edges. Seeds numerous, often append- aged, horizontal. — Chiefly perennial. Leaves alternate, often knotted by cross partitions. Flowers mostly green, clustered, cymose, or panicled. § 1. Stems scape-like, jointless, sheathed or leafy at the base: stamens 6 or (in No. 1) sometimes 3. * Panicles lateral : stem sheathed at the base. 1. J. effllSUS, L. Stem soft and spongy; sheaths dark brown; panicle diffuse or contracted ; flowers single ; sepals lanceolate, as long as the obovate obtuse obscurely 3-angled light brown capsule. — Bogs and swamps, Florida, and northward ; common. May- Sept. — Stems tufted, 2° - 4° high. * * Panicles lateral : stem leaf// at the base : leaves terete, pungent. 2. J. setaceus, Rostk. Stem and leaves slender; sheaths light brown; panicle simple, few-flowered ; flowers single ; sepals rigid, lanceolate-ovate, rather longer than the globose pointed green capsule. — Low grounds and swamps, Florida, and northward. May -July. — Stems growing in small tufts, l°-3° high. Capsule coriaceous. 3. J. maritimus, Lam. Stem and leaves stout and rigid, hard-pointed ; panicle compound ; flowers small, 4 - 8 in a cluster ; sepals lanceolate, as long as the small obovate obtuse dark brown capsule. ( J. acutus, Muhl.) — Brackish marshes along the coast, Florida, and northward. April and May. — Stem 4° - 5° high. * * * Panicles terminal, forking ; leaves channelled or grooved ; the upper ones form- ing an involucre under the panicle. 4. J. tenuis, Willd. Stems tough, not tumid at the base, several-leaved ; leaves narrowly linear, channelled ; involucre longer than the panicle ; flowers single ; sepals lanceolate, very acute, one third longer than the ovoid capsule. — Low grounds, Florida, and northward. May and June. — Stem 6' -12' high. Panicle smqjl, the flowers mostly on one side of the branches. Capsule light green. 5. J. dichotomus, Ell. Stem tumid at the base, 1-3-leaved; leaves filiform, nearly terete, slightly grooved on the inner side; involucre mostly shorter than the cymose panicle ; flowers single ; sepals rigid, ovate-lanceolate, 42 494 JUNCACE^E. (RUSH FAMILY.) very acute, as long as the globose dark green capsule. — Low grounds, Florida to North Carolina. May and June. — Stem l°-3°high. Panicle dense or elon- gated. § 2. Stems jointed, leafy • clusters or panicles terminal. * Leaves terete or somewhat flattened, knotted: stamens 3. 6. J. scirpoides, Lam. Kigid ; stem stout, erect ; leaves terete, panicle erect, contracted, the few large globose green or brownish heads composed of several more or less distinct smaller ones ; sepals lanceolate-subulate, as long as the lanceolate taper-pointed 3-angled capsule ; seed ovoid, reticulated, without appendages. (J. echinatus, Ell.) — Varies with the smaller more numerous and crowded heads conspicuously lobed by the more distinct clusters, and with broader and shorter sepals and capsules. — Sandy swamps, Florida to North Carolina. July - Sept. — Stem 2° high, from a thick and creeping rhizoma. Heads 4" - 7" in diameter. 7. J. polycephalus, Ell., Michx. in part. Stem tall, slender, compressed near the base ; leaves long, flattened, and often somewhat sword-shaped ; panicle large, widely spreading, the numerous globose many-flowered pale heads sessile, or on long diverging peduncles ; sepals linear-subulate, shorter than the lance- olate-subulate 3-angled capsule ; seeds oblong, striate, barely pointed. — Ponds and miry margins of streams, Florida to North Carolina. July - Sept. — Stem 2° -4° long. Leaves weak, 1° -2° long, sometimes £' wide. Var. ? depauperatus, Ton. Stem and leaves more slender ; heads small- er and fewer-flowered ; sepals lanceolate, shorter than the oblong capsule — Wet places, Georgia, and northward. — Roots fibrous. Stems often decumbent and rooting. 8. J. paradoxus, Meyer. Stem rigid, erect, terete ; leaves terete ; panicle erect ; heads pale, 8-1 5-flowered, sessile, and on short erect peduncles ; sepals lanceolate-subulate, rigid, shorter than the oblong 3-angled abruptly pointed capsule ; seeds with a long and slender appendage at each end. — Wet places, South Carolina, Curtis, and northward. July - Sept. — Stem 1° -2° high. 9. J. acuminatus, Michx. Stem erect, terete, like the slender leaves ; panicle mostly simple, erect ; heads (2" -3' long) 3 - 8-flowered ; sepals linear- lanceolate, half as long as the lanceolate-oblong abruptly pointed 3-angled light brown capsule ; seeds with a short appendage at each end. — Sandy wet places in the middle districts of Georgia, and northward. July - Sept. — Stem 8'- 15' high. Root fibrous. Capsule 2'' long. 10. J. Elliottii. Stem slender, nearly terete ; leaves terete, grooved near the base within ; panicle erect, simple or compound ; heads (1" - 2" long) 5-8- flowered ; sepals ovate-lanceolate, as long as the ovoid obscurely angled obtuse deep chestnut capsule ; seeds oblong, striate, without append ages. ^(J- acumina- tus, Ell, not of Michx.) — Bogs and ditches, Florida to North Carolina. June - Aug. — Root fibrous, often bearing small tubers. Stem l°-2° high. Heads commonly very numerous. Capsule 1" long, shining. JUNCACE^E. (RUSH FAMILY.) 495 * Leaves terete, knotted : stamens G : flowers clustered. 11. J. caudatus, n. sp. Rigid throughout ; stem stout, from a thick and creeping rhizoma ; leaves commonly 3, short and pungent ; panicle erect, com- pound, mostly contracted ; clusters numerous, more or less crowded, 2 - 4-flow- ered ; sepals lanceolate, acute, unequal, the inner ones half as long as the oblong obtuse-angled acute capsule ; seeds with a long and tail-like appendage at each end, white and shining. — Pine-barren swamps and bogs, Middle and West Florida. Aug. and Sept. — Stem 2° high. Leaves 2' - 6' long, strongly knotted. Capsules light brown, turning almost black. #• * # Leaves terete, obscurely knotted: stamens 6 : flowers solitary, in slender l-sided cymose panicles, often transformed into a tuft of rudimentary leaves. 12. J. abortivilS, n. sp. Rhizoma creeping, thick and woody; stems slender (l°-2° hjgh), terete; leaves filiform, rather rigid; panicle compound, diffuse, the branches almost hair-like ; flowers minute, scattered ; sepals oblong, the inner ones obtuse, with membranaceous margins, as long as the (immature) subulate capsule ; style slender. — Grassy margins of ponds, near the coast, West Florida. July - Sept. — Plant deep green. Flowers all abortive or bud- like. 13. J. Conradi, Tuckerm. Khizoma creeping, filiform; stems slender (6' -10' high); leaves filiform, tender; panicle compound, diffuse; the small flowers somewhat scattered ; sepals acutish, shorter than the oblong taper-pointed capsule ; seeds without appendages. — Sandy margins of ponds and swamps, South Carolina, and northward. July. — Leaves more slender, and the divis- ions of the panicle shorter and more rigid than those of the preceding species. * * * * Leaves knotless, concave or flattened. 14. J. marginatus, Rostk. Stems flattened (1° - 2° high) ; leaves linear, flat or concave ; panicle mostly simple ; heads few - many-flowered, rarely soli- tary or by pairs ; flowers triandrous ; exterior sepals lanceolate or ovate-lance- olate, awn-pointed ; the interior oblong, obtuse, broadly margined, about as long as the globular dark brown capsule ; seeds oblong, acute at each end. ( J. aris- tulatus, Michx. J. cylindricus, Curtis, the many-flowered heads cylindrical.) — Var. BIFLORUS. (J. biflorus, Ell.) Stems taller (2° -3° high) ; panicle decom- pound, diffuse; heads very numerous, 2 - 4-flowered ; seeds narrower and more pointed. — Ditches and low grounds, Florida, and northward. July -Sept. — The variety is confined to the pine barrens of the lower districts. 15. J. bufonius, L. Annual; stems low (2'- 8' high), tufted; often branched ; leaves very narrow ; panicles forking ; flowers solitary or 3-6 in a cluster; sepals whitish, lanceolate, acute, longer than the oblong obtuse pale capsule. — Damp cultivated ground, apparently introduced. April and May. 3. CEPHALOXYS, Desv. Flowers as in Juncus. Stamens 3. Capsule many-seeded, 3-celled, the par- titions separating from the valves at. maturity, and forming, with the united placentae, a free 3-winged central column. Seeds ovoid, without appendages. — 496 PONTEDERIACE^E. (PICKEREL-WEED FAMILY.) A smooth herb, with fibrous roots, flat and branching stems, short sword-shaped equitant leaves, and clustered greenish flowers. 1. C. flabellata, Desv. Stems mostly creeping or floating; leaves linear- sword-shaped ; those of the stem nearly opposite ; heads cymose, scattered, top- shaped, several-flowered; sepals rigid, lanceolate-subulate, slender-pointed, the exterior ones strongly keeled, and as long as the linear-oblong obtuse capsule, much shorter than the flat interior ones ; filaments exserted. ( Juncus repens, Michx.) — Miry banks of streams and ponds, Florida to North Carolina. July. — Stems £° -3° long. ORDER 154. PONTEDERIACEJE. (PICKEREL-WEED FAMILY.) , Perennial aquatic or marshy herbs, with perfect mostly irregular flowers from a 1-leaved spathe. — Perianth corolla-like, unequally 6-cleft or 6- parted, imbricated in the bud, withering-persistent. Stamens 3-6, more or less unequal, and unequally inserted on the throat of the perianth : anthers 2-celled, erect, introrse. Ovary free. Style single: stigma 3-6- lobed. Capsule 1 - 3-celled, 1 - many-seeded. Seeds anatropous. Embryo slender in mealy albumen. 1. PONTEDERIA, L. WAMPEE. PICKEREL-WEED. Perianth funnel-shaped, 2-lipped, with the upper lip 3-lobed, the lower 3-parted, the curved tube fleshy and coiled in fruit. Stamens 6, unequally inserted ; the three lower ones exserted, the three upper short and often imperfect : anthers oval, blue. Ovary 3-celled, two of the cells empty, the other with a single sus- pended ovule. Style slender. Capsule (utricle) 1-seeded. — Rhizoma thick and creeping. Stem erect, bearing above the middle a single short-petioled leaf, and at the summit a hairy spike of blue flowers, from a 1-leaved spathe. Radical leaves long-petioled, sheathing. 1. P. eordata, L. Stem and terete petioles erect (2° -3° high); leaves (3'-8f long) varying from round-cordate to lance-oblong, obtuse, finely nerved; spike dense, cylindrical (2' -4' long), the peduncle enclosed in the convolute spathe ; upper lobe of the hairy perianth spotted with yellow, the tube 6-ribbed. (P. lancifolia, MuhL, and P. angustifolia, Pursh, are narrow-leaved forms.) — Miry margins of ponds and rivers, Florida, and northward. July - Sept. 2. SCHOLLERA, Schreb. Perianth salver-form, nearly equally 6-lobed, the tube elongated and filiform. Stamens 3, nearly equal : filaments subulate : anthers sagittate-oblong, yellow. Style long and slender. Capsule oblong, 1 -celled, loculicidally 3-valved, with three parietal placentce many-seeded. — A small aquatic herb, with slender branching stems, linear sessile leaves, and a small terminal yellow flower. COMMELYNACE2E. (SPIDERWORT FAMILY.) 497 1. S. graminea, Willd. Stem submerged, forking, leaves thin, pellucid ; flowers expanding at the surface of the water ; spathe convolute ; lobes of the perianth linear, spreading. (Leptanthus, Michx.) — In flowing water, North Caro- lina, and northward. July and Aug. — Stems 1° - 2° long. Leaves 3' - 6' long. Tube of the perianth 1^' long. ORDER 155. COMMELYNACE^E. (SPIDERWORT FAMILY.) Herbs, with chiefly fibrous roots, jointed and leafy stems, and perfect or somewhat polygamous often irregular flowers. — Perianth of three her- baceous or colored persistent sepals, and three fugacious petals. Stamens 6, hypogynous, perfect, or a part of them sterile : anthers 2-celled, often of two forms. Styles single : stigma entire. Ovary free from the peri- anth, 2-3-celled, with 1 -several orthotropous ovules in each cell. Cap- sule loculicidally 2 - 3-valved, 1 - several-seeded. Embryo pulley-shaped, placed in a cavity of the albumen opposite the hilum. — Plants somewhat succulent. Stems often branching. Sheaths of the leaves entire or open. 1. COMMELYNA, Dill. DAT-FLOWER. Flowers irregular. Sepals mostly colored. Petals fugacious, two of them kidney-shaped and long-clawed, the other smaller. Stamens unequal, three of them fertile, the others with 4-lobed sterile anthers : filaments beardless. Cap- sule 1 - 3-celled, the cells 1 - 2-seeded, or one of them frequently empty. — Stems branching. Leaves flat, oblong, or lanceolate, on sheathing petioles ; the floral ones cordate and spathe-like, folded, and enclosing the few-flowered peduncle. Flowers blue. 1. C. COmmunis, L. ? Stem smooth, filiform, and creeping; leaves short (l'-2' long), ovate-lanceolate, obtuse; sheaths fringed at the throat; spathes nearly crescent-shaped, obtuse at the base, lateral and terminal ; peduncles by pairs; one of them bearing 3-4 small fertile flowers, which are included in the spathe ; the other long-exserted, filiform, 1 -flowered ; odd petal lanceolate, sessile; seeds reticulated. — Low grounds, Georgia to North Carolina. July - Sept. (i) ? — Stem l°-2° long. 2. C. Virginica, L. Pubescent; stem erect; sheaths hairy; leaves (4'- 6' long) oblong-lanceolate, acuminate, thin, rough above; spathe (when opened) round ovate, contracted at the base ; sterile peduncle included ; petals large, the odd one lanceolate ; capsule 2 -3-seeded. (C. erecta, Ell.) — Varies (C. angus- tifolia, Michx.) with the stems smooth, ascending; leaves narrowly lanceolate, rather rigid. and, like the sheath, nearly smooth ; flowers smaller, seeds pulveru- lent. — Light or sandy soil, Florida, and northward. May - Sept. 1J. — Stem 1° - 2° high. The spathes contain a viscid secretion until the seeds mature. 3. C. erecta, L. Stem stout, erect; leaves (3' -5' long) lanceolate or ob- long, acute, very rough above, the sheaths fringed with brown hairs ; spathes 42* 498 MAYACACE^E. (MAYACA FAMILY.) crowded, short-stalked, hooded, narrowed at the base ; sterile peduncle included ; petals nearly alike, the odd one smaller ; seeds transversely oblong. ( C. hirtella, Vahl. C. longifolia, Michx.} — Shady swamps, Florida, and northward. Aug. and Sept. ty — Stem 1 ° - 1 1° high. 2. TRADESCANTIA, L. SPIDERWORT. Flowers regular. Sepals herbaceous. Petals similar, ovate, fugacious. ' Sta- mens all fertile, the filaments hairy : anthers kidney-shaped. Ovary 3-celled, with two ovules in each cell. Capsule 2 -3-celled, the cells 1-2-seedcd. — Perennial herbs, with narrow keeled leaves, both the floral ones and those of the stem. Flowers in umbel-like clusters, axillary and terminal, expanding in the morning. Fruiting pedicels recurved. 1. T. Virginica, L. Smooth, or villous with glandless hairs; leaves linear, broadest at the base, mostly purple-veined ; clusters axillary and termi- nal, sessile, many-flowered ; flowers closely packed in 2 rows in the bud, each with an ovate scarious bract at the base ; petals blue, like the style and densely bearded filaments, twice as long as the lanceolate-ovate sepals. — Dry sandy soil, Florida, and northward. Marcli-May. — Stems £°-2° high. Flowers 1' in diameter. 2. T. pilosa, Lehm. Stem often branched, and, like the sheaths, villons or nearly smooth ; leaves oblong, narrowed at the base, pubescent on both sides ; clusters axillary and terminal, sessile, dense, many-flowered ; the pedicels and oblong sepals villous with glandular hairs ; seeds transversely oblong, pitted on the back ; petals blue. — Light soil in the upper districts. May- July. — Stem l°-l£° high. Leaves l'-l£' wide. Flowers \|' in diameter. 3. T. rosea, Vent. Stem simple, slender, smooth ; leaves linear-lanceolate, fringed on the margins; clusters solitary or by pairs, on long (3' -6') terminal peduncles, few-flowered ; petals bright rose-color, three times as long as the ovate-lanceolate sepals. — Light fertile soil, Georgia to North Carolina. June - Aug. — Stem 6' - 8' high. Flowers £' in diameter. ORDER 156. MAYACACEyE. (MAYACA FAMILY.) Creeping moss-like marsh herbs, with very numerous narrow and pel- lucid leaves, and solitary axillary flowers. Represented only by 1. MAYACA, Aublet. Flowers regular, perfect. Sepals 3, lanceolate, herbaceous, persistent. Petals 3, obovate, deciduous or withering-persistent. Stamens 3, free, inserted on the base of the sepals, persistent : anthers erect, spoon-shaped, imperfectly 2-celled, emarginate at the apex, introrse. Ovary 1-celled. Ovules few, orthotropous, fixed to three parietal placentae. Style single, terminal, persistent : stigma mi- nutely 3-lobed. Capsule rugose, 3-valved ; the valves bearing the placenta in XYRIDACE^E. (YELLOW-EYED GRASS FAMILY.) ' 499 the middle. Seeds globose, furrowed and pitted, pointed at the apex. Embryo minute at the apex of the albumen. — Stems branching, tender. Leaves alter- nate, linear, emarginate. Flowers white or purple. 1. M. Michauxii, Schott&Endl. Fruiting peduncles longer than the leaves, recurved; capsule few-seeded; flowers (3" -4" wide) white or pale purple. (Sycna fluviatilis, Pursk.) — Springy places, Florida to North Caro- lina. June and July. — Stems 2' - 6' long. Leaves 3" - 4" long. ORDER 1£7. XYRIDACE^E. (YELLOW-EYED GRASS FAMILY.) Perennial stemless marsh herbs, with fibrous roots, sword-shaped equi- tant leaves, and perfect irregular fugacious flowers, collected in a dense imbricate-bracted spike. Sepals 3 ; the two lateral ones glumaceous, keeled, persistent ; the inner one hyaline, enfolding, in the bud, the petals and caducous stamens. Petals 3, rounded, distinct, or united by their long claws. Stamens 3, and inserted on the summit of the claws of the petals, or 6, and the alternate ones sterile, hypogynous, and commonly bearded with jointed hairs : anthers erect, 2-celled, extrorse. Ovary free, 1 - 3-celled. Style single, 3-parted. Capsule 3-valved, many-seeded. Seeds minute, orthotropous. Embryo minute, at the apex of the albu- men. — Scape commonly twisted or spiral, 2-edged near the summit, with a spathe-like sheath at the base. Spikes mostly solitary. 1. XYRIS, L. YELLOW-EYED GRASS. Petals distinct. Stamens 6, the alternate ones hypogynous, sterile, commonly bearded at the summit, and slightly cohering with the claws of the contiguous petals. Stigmas entire. Capsule 1-celled, 3-valved, the valves bearing the pla- centae in the middle. Seeds very numerous, finely ribbed. — Spikes ovoid or oblong. Bracts coriaceous or somewhat crustaceous, rounded, closely imbri- cated, convex and discolored on the back ; the lower ones empty. Keel of the lateral sepals mostly winged and variously lacerated. Flowers yellow. § 1. Sheath of the scape longer than the leaves. Biennials? 1. X. brevifolia, Michx. Scape nearly terete, smooth ; leaves narrowly linear, smooth on the edges ; spike globose, light brown, few-flowered ; bracts soon lacerated at the apex ; lateral sepals lanceolate, rigid, crenulate on the wingless keel; petals obovate, rounded ; sterile filaments sparingly bearded. — Low sandy pine barrens, Florida to North Carolina. April and May. — Plant light brown. Scape 6' - 12' high, clustered. Leaves 1 ' - 3' long. Spike 2"- 3" long. Petals 2" long. 2. X. flabelliformis, n. sp. Scape filiform, smooth, terete below, slightly compressed above ; leaves very short, linear-lanceolate, smooth, spreading like a 500 XYRIDACE^:. (YELLOW-EYED GRASS FAMILY.) fan, laterally curved ; spikes oblong, mostly acute, few-flowered, angular ; bracts light brown, entire ; lateral sepals lanceolate, short-fringed on the wingless keel ; petals obovatc ; sterile filaments often beardless. — Low pine barrens, near the coast, West Florida. April and May. — Scape 4' - 12' high. Leaves £' - 1 ' long. Spikes 2" - 4" long. Petals 2" long. § 2. Sheath of the scape shorter than the leaves. Perennials. * Sterile filaments bearded : sepals included. -i- Lateral sepals fringed on the keel. 3. X. ambigua, Beyr. Scape rigid, finely furrowed, rough, 2-edged above, 1 -angled below ; leaves linear-lanceolate, rough on the edges ; spike ovate-lanceolate or oblong, even, often acute, many-flowered ; bracts light brown, oval, not crowded on the spike ; lateral sepals lanceolate, tapering at each end, shining, narrowly winged; petals round obovate; seeds ovoid. — Open grassy pine barrens, Florida to North Carolina. July -Sept. — Scape 2° -3° high, mostly solitary. Leaves 6'- 12' long. Spikes 9"- 15" long. Petals \|' long. 4. X. stricta, n. sp. Scape flattened and broadly margined, rough-edged above, smooth and 1 - 2-angled below, slightly striate ; leaves long, linear, smooth ; spikes oblong or cylindrical, obtuse, many-flowered ; bracts dark brown, orbicular, crowded on the spike ; lateral sepals broadly winged above the middle, narrowed below ; petals small, wedge-obovate ; seeds ovoid. — Shallow ponds in the pine barrens, West Florida. July - Sept. — Scapes slender, clustered, 2° -3° high. Leaves l°-l£° long. Spikes 9" -12" long. Petals 2" long. 5. X. flexuosa, Muhl. Somewhat bulbous ; scape smooth, 2-edged above, nearly terete below ; leaves linear, smooth ; spikes globose, few-flowered ; lateral sepals lanceolate, wingless. (X. bulbosa, Kunth.) — Swamps in the upper dis- tricts of Georgia, and northward. July -Sept. — Scape 6' -12' high. Leaves 4' - 8' long. Spike 3" - 5" long. -<— -i— Lateral sepals broadly ivinged, and variously toothed or fimbriate. 6. X. Elliottii. Scape slender, flattened and 2-edged throughout, or 1- edged below, roughish and mostly spiral ; leaves narrowly linear, sharp-edged, twisted ; spike few-flowered, elliptical, obtuse ; lateral sepals linear, the wing cut-toothed above the middle ; petals obovate. (X. brevifolia, Ell. ex descr.) — Wet grassy pine barrens, Florida to South Carolina. July. — Scape l°-l£° high. Leaves 6' -9' long. Petals 3" long. 7. X. difFormis, n. sp. Scapes clustered, slender, smooth, widely 2-edged above, terete or 1 -2-angled below; leaves thin, linear-lanceolate, smooth ; spikes many-flowered, ovate, acute, even, often 2- 4-cleft; lateral sepals lanceolate, with the broadly winged keel incised-fimbriate ; petals obovate ; seeds elliptical, smooth. — Swamps near the coast, West Florida. July. — Scapes 1° - 1£° high. Leaves 9' - 15' long. Spikes 6" - 9" long. Petals small. 8. X. serotina, n. sp. Scapes clustered, twisted and mostly spiral, rough- angled and 2-edged above, striate ; leaves linear-lanceolate, rigid, rough on the edges; spikes many-flowered, ovoid, obtuse, dark brown, even; bracts round- XYRIDACE^E. (YELLOW-EYED GRASS FAMILY.) 501 obovatc, closely imbricated ; lateral sepals linear, narrowly winged above, fim- briate and at length incised ; petals small, obovate ; seeds ovoid, pulverulent — Varies with shorter leaves (2' -3'), and smaller globose or ovate heads. — Pine- barren swamps, West Florida. Sept. and Oct. — Scapes 1°- 1^° high. Leaves 8' - 12' long. Spikes 6'- 9' long. Petals 2" long. 9. X. elata, n. sp. Scapes elongated, slender, smooth, terete below, 2-cdged above ; leaves long, linear, smooth ; spikes rugose, oblong or oval, often acute, many-flowered ; scales dark brown ; lateral sepals linear-lanceolate, sparingly toothed on the narrowly winged keel ; petals wcdge-obovate ; seeds elliptical, smooth. — Sandy swamps near the coast, West Florida. July and Aug. — • Scapes 3° -4° high. Leaves l^°-2° high. Spikes £'-!' long. Petals 2" long. 10. X. Caroliniana, Walt. Scapes several, smooth, rigid, 1-2-angled below, compressed and 2-edgecl above; leaves linear or linear-lanceolate, smooth; spikes rugose, oblong-ovate, obtuse, many-flowered ; bracts light brown, thick, the margins thin and soon lacerate ; lateral sepals linear-lanceolate, acute, the narrowly-winged keel cut-fringed above the middle ; petals obovate; seeds ovoid. — Shallow ponds and swamps, Florida, and northward. July and Aug. — Scapes 1° -2° high. Leaves 6'- 15' long. Spikes 6"- 12" long. 11. X. iridifolia, n. sp. Rigid, smooth and shining; scape stout, terete or 1-angled below, dilated and 2-edged above; leaves long, strap-shaped; spikes oval or oblong, obtuse, rugose, many-flowered ; bracts dark brown, very thick, strongly convex ; lateral sepals linear, membranaceous, the keel fimbriate and at length incised throughout ; petals round-obovate ; seeds lanceolate, angled, pulverulent. — Shallow ponds, Apalachicola, Florida. Aug. - Oct. — Scape 2° -3° high, 2" -3" in diameter. Leaves 2°-2\|° long, £'-l'wide. Spikes 1' long. Petals 3" long. 12. X. platylepis, n. sp. Scapes mostly twisted and spiral, angular .below, 2-edged above, roughish ; leaves linear and lanceolate, twisted, smooth ; spikes large, oblong or cylindrical, obtuse, many-flowered ; bracts pale brown or whitish, orbicular, thin, closely imbricated ; lateral sepals linear, the keel nar- rowly winged, fimbriate toward the apex ; petals small ; seeds elliptical, smooth. (X. flexuosa, Ell.) — Low sandy places, Florida to South Carolina. July- Sept. — Scape 2° - 3° high. Leaves 9'- 15' long. Spikes f- l£' long. * * Sterile filaments bearded: sepals exserted. 13. X. fimbriata, Ell. Not bulbous ; scape tall, furrowed, rough, 2-cdged above ; leaves long, strap-shaped, smooth ; spikes ovate, acute, many-flowered ; lateral sepals long-fimbriate above the middle; petals small. — Ponds and miry places, Florida, and northward. Sept. and Oct. — Scapes 3° - 4° high. Leaves l£° - 2° long. Spikes 9" - 1 2" long. Petals 3" long. 14. X. torta, Smith. Bulbous ; scape nearly terete, 1-edged, smooth, mostly spiral ; leaves linear, rigid, concave, with rounded edges, mostly spiral ; spikes pale, lanceolate or cylindrical, acute; lateral sepals winged and fimbriate above the middle; petals large, round-obovate. — Sandy, often dry soil, Florida, and northward. July - Sept. — Scape l£°-2° high. Leaves few, 6' -12' long, 502 ERIOCAULONACE^E. (PIPEWORT FAMILY.) tumid and dark brown at the base. Spikes 1'-- 1^' long. Petals 9" long, ex- panding at midday. * * * Sterile filaments beardless: leaves filiform. 15. X. tenuifolia, n. sp. Smooth ; scape slender, terete or 1 -angled ; leaves filiform or bristle-like, compressed ; spikes ovoid, few-flowered ; lateral sepals lanceolate, the narrowly winged keel cut-serrate ; petals obovate ; seeds linear- oblong, smooth. — Open grassy pine-barren swamps, Florida to North Carolina. July -Sept. — Scapes clustered, Ky-12' high. Leaves 4' -6' long. Spikes 2" - 4" long. Petals 3" long. 16. X. Baldwiniana, R. & S. (X, juncea, Baldw.) "Root perennial; scape terete, sheathed at the base, 6' -12' high ; leaves 4' -8' long, terete, hol- low, acute ; head oval ; bracts nearly round ; calyx about as long as the bracts, the keel slightly toothed, filaments naked." Baldwin in Ell. — Damp pine bar- rens, near St. Mary's, Georgia. May and June. \ * ) ORDER 158. ERIOCAULONACE^E. (PIPEWORT FAMILY.) Perennial chiefly stemless marsh herbs, with narrow tufted leaves, and minute monoecious or dioecious flowers, collected in a dense hairy chaffy- bracted head. — Stam. FL Sepals 2-3. Corolla tubular, bilabiate or 3-toothed, or sometimes wanting. Stamens 2 - 6 : anthers introrse. — Pist. Fl. Sepals and petals 2-3. Ovary 2 - 3-celled, with a single orthotropous ovule in each cell. Style 2-3-parted. Capsule loculici- dally 2 - 3-valved, 1 - 3-seeded. Embryo minute at the apex of the albumen. — Leaves concave and partly clasping at the base. Scape furrowed and commonly twisted, with a spathe-like sheath at the base. Exterior scales broader, empty, and involucrate. Flowers fringed with white club-shaped hairs. Corolla white. Synopsis. 1. ERIOCATJLON. Stamens 4. Anthers 2-celled. Style 2-parted. Corolla 2-lipped. 2. P^PALANTHDS. Stamens 3. Anthers 2-celled. Style 3-parted, the lobes entire. 3. LACHNOCAULON. Stamens 3. Anthers 1-celled. Style 2-3-parted, the lobes entire, or 2-cleft. 1. ERIOCAULON, L. PIPEWORT. Flowers monoecious, each in the axil of a scale-like bract. Sepals 2-3. Co- rolla of the staminate flowers tubular, 2-lipped or 3-lobed ; of the pistillate flowers 2-3-petalous. Stamens 4 or 6 : anthers 2-celled. Style 2-3-parted: stigmas 2 -3. Capsule 2 - 3-celled, 1- 3-seeded. — Scapes single or numerous, mostly from a short and villous rootstock. Lobes of the corolla furnished with a blackish gland on the inner face, commonly bearded with club-shaped hairs. — The following species are all tetrandrous, with a 2-parted style and a 3-celled capsule. ERIOCAULONACE^E. (PIPEWOET FAMILY.) 503 1. E. decangular e, L. Leaves mostly rigid, varying from lanceolate to linear-subulate, concave, obtuse ; scapes commonly several from a thick and creep- ing rootstock, stout, smooth, 10- 12-furrowed; head (2" -7" in diameter) com- pact, hemispherical, at length globose ; scales of the involucre numerous, small, oblong, acutish, closely imbricated, straw-colored, or light chestnut, passing into the linear-spatulate acuminate bearded bracts, which are longer than the flower. (E. gnaphalodcs, EIL, not of MicJix.) — Boggy places, Florida, and northward. July - Sept. — Scapes 2° - 3° high. Leaves 4' - 12' long, 2" - 6" wide. 2. E. gnaph.alod.es, Michx. Leaves lanceolate-subulate, flat, very acute, rigid, or the immersed ones thin and pellucid ; scapes few or single, slender, 9 - 11-furrowcd; head hemispherical (4" -8" wide) ; scales of the involucre few, ob- long or roundish, very obtuse, turning lead-color ; bracts shorter than the flower, spatulate, their broad and bearded summit obtuse or more or less mucronate- pointed, turning blackish. (E. compressum, Lam) — Swamps and shallow ponds, Florida, and northward. April -June. — Scapes 1^°- 2° high. Leaves 2' -6' long, concave at the base. 3. E. Ravenelii, n. sp. Smooth throughout ; root fibrous ; leaves linear or linear-lanceolate, very acute, flat, thin, and pellucid ; scapes low and slender, clustered, slightly furrowed ; heads small (!"- 2" in diameter), globose, few or many-flowered ; scales of the involucre few, in one or two rows, oblong, very obtuse, whitish, pellucid, longer than the immature head, and, like the oblong ob- tuse or barely pointed dark brown scales, beardless ; flowers naked, or with few hairs at the base, dark brown, shorter than the bracts ; style occasionally simple; seeds minutely pubescent. — Wet places, St. John's (Berkeley) Parish, South Car- olina, H. W. Ravenel. — Scapes weak, 1 ' - 6' high. Leaves 1' - 2' long. 2. P-EJPALANTHUS, Martius. Flowers monoecious. Staminate Fl. Sepals 3. Corolla tubular, 3-toothed. Stamens 3 : anthers 2-celled. Pistillate FL Sepals and petals 3. Style 3- parted, the divisions entire : stigmas 3. Capsule 3-celled. — Habit of the pre- ceding. 1. P. flavidulus, Kunth. Leaves short (l'-2'long), subulate, smooth, or sparingly pubescent; scapes numerous, filiform, 5-furrowed, and like the sheaths hairy ; heads hemispherical, yellowish-white ; scales of the involucre oblong, acute, smooth and shining ; flowers slender, pedicelled ; sepals linear, acute ; corolla of the staminate flowers funnel-shaped ; of the pistillate flowers composed of 3 slender petals, cohering above the ovary; stamens and styles exserted. (Eriocaulon flavidulum, Michx.) — Low sandy pine barrens, Florida to North Carolina, and northward. April and May. — Scapes 6'- 12' high. 3. LACHNOCAULON, Kunth. Flowers monoecious. Staminate FL Sepals 3, equal. Corolla none. Sta- mens 3, with the filaments united below into a club-shaped tube : anthers 1- celled. Pistillate FL Sepals 3, equal. Corolla none, or reduced to tufted hairs. Style club-shaped, 2 - 3-parted, the divisions entire or 2-cleft : stigmas 2-6. Cap- 504 CYPERACE.&. (SEDGE FAMILY.) sule 2-3-celled. — Habit of the two preceding. Bracts and sepals blackish, fringed with club-shaped hairs. 1. L. Michauxii, Kunth. Leaves linear (!'- 2' long), hairy, becoming smoothish; scapes slender, hairy, 4-furrowed (l°high); heads globose; bracts and sepals spatulate, obtuse, fringed with white hairs ; divisions of the style 3, each 2-cleft. (Eriocaulon villosum, Michx.) — Low grassy pine barrens, Florida to North Carolina. May and June, growing in tufts. — Heads 2" wide. 2. L. glabrum, Kornicke. Leaves linear, smooth ( 1 ' long) ; scapes numer- ous, smooth, 5-furrowed (3' -5' high); heads globose, becoming oblong, dark brown ; bracts and sepals spatulate-obovate, obtuse, slightly fringed with short brownish hairs ; divisions of the style 3, entire. — Sandy springy places, St. An- drews Bay, West Florida. Oct. — Scapes 30 or more in a cluster. Heads 3" long, not unlike those of Eleocharis obtusa. ORDER 159. CYPERACE^E. (SEDGE FAMILY.) Slender herbs, with simple solid mostly 3-angled stems (culms) , and grass-like leaves, with closed sheaths. Flowers spiked, each in the axil of a single (rarely 2-4) scale-like bract (scale). Perianth composed of hypogynous scales or bristles, or none. Ovary 1-celled, with a single erect anatropous ovule, forming in fruit a lenticular or 3-angled achenium (nut), which is often crowned with the persistent jointed base of the style (tubercle). Stamens 1-12: anthers erect. Style 2-3-cleft or parted. Embryo minute at the base of the albumen. Synopsis. TKIBE I. CYPERE^E. — Flowers perfect: spikelets 1 - many-flowered : scales one to each flower, imbricated in 2 rows : perianth bristly, or none. * Perianth none : nut beakless. 1. CYPERUS. Spikelets few -many -flowered: inflorescence terminal. 2. KYLLINGIA. Spikelets 1-flowered : inflorescence terminal, capitate. * * Perianth bristly : nut beaked. 3. DULICHIUM. Spikes lateral and terminal : spikelets many-flowered. TRIBE II. JJIPOCARPHEJE. — Flowers perfect: spikes many-flowered: scales 2-4 to each flower ; the exterior ones imbricated in many rows : perianth none. 4. HEMICARPHA. Inner scale 1 : involucre mostly 1-leaved, erect. 5. JJPOCARPHA. Inner scales 2 : leaves of the involucre 2 or more, spreading. TRIBE III. SCIRPE-33. — Flowers perfect : spikes commonly many-flowered : scales one to each flower, imbricated in several (rarely 2) rows, all fruitful, or the lowest empty : perianth bristly, hairy, or wanting. * Perianth of 3 bristles, alternating with 3 stalked scales. 6. FUIRENA. Nut pointed : scales of the clustered axillary and terminal spikes awned. * * Perianth bristly, occasionally wanting. 7. ELEOCHARIS. Nut tubercled : culms leafless, sheathed at the base, bearing one terminal spike. CYPERACEJE. (SEDGE FAMILY.) 505 8. SCIRPUS. Tubercle none : culms mostly leafy at the base or throughout : spikes com- monly few or many : perianth of 3 - 6 bristles. 9. ERIOPHORUM. Perianth of numerous long and woolly hairs : otherwise like Scirpus. * * * Perianth none : style tumid at the base. •«- Scales imbricated in several rows : spikes terete. 10. FIMBRISTYLIS. Style deciduous : stigmas 2 : nut lenticular or globose. 11. TRICIIELOSTYLIS. Style deciduous : stigmas 3 : nut 3-angled. 12. ISOLEPIS. Style persistent at the base : stigmas 3 : nut 3-angled. •t- -t- Scales imbricated in 2 rows : spike compressed. 13. ABILGAARDIA. Style 3-cleft, jointed to the 3-angled nut. TRIBE IV. RIIYNCHOSPORE^E. — Flowers perfect or polygamous : spikelets com- monly few-flowered : scales one to each flower, imbricated in few -several rows, the lower ones empty, the upper mostly sterile : perianth bristly, or none. * Perianth bristly (occasionally wanting in Rhynchospora). 14. RHYNCHOSPORA. Style 2-cleft, dilated and persistent at the base : nut lenticular or globose. 15. CERATOSCIKENUS.- Style entire or minutely 2-cleft, the lower half persistent : nut flat. 16. CH^TOSPORA. Style 3-cleft, deciduous : nut 3-angled : spikelets terminal. * * Perianth none. 17. PSILOCARYA. Spikes terete, many-flowered, cymose : flowers perfect. 18. DICHROMENA. Spike»ompressed, capitate : most of the flowers imperfect. 19. CLAD1UM. Spikes few-flowered, only the uppermost flower perfect : nut globose. TRIBE V. SCLERIE.ZE. — Flowers monoecious : sterile spike many-flowered : scales one to each flower, imbricated in furrows : fertile spike 1-flowered, with two or more scales : perianth none. 20. SCLERIA. Style 3-cleft, deciduous. Nut bony, globose or 3-angled. TRIBE VI. C ARICEJE. — Flowers monoecious, very rarely dioecious : sterile and fertile flowers on the same spike, or on separate spikes : scales one to each flower, imbricated in few -many rows : nut enclosed in a sac : perianth none. 21. CAREX. Bristles within the sac none. Spikes axillary and terminal. 1. CYPERUS, L. Spikelets 2 - many-flowered, commonly flat or compressed. Scales imbricated in two opposite rows, often decurrent on the jointed rachis, deciduous. Perianth none. Stamens 1-3. Style 2 -3-cleft, deciduous. Nut lenticular or 3-angled. — Culms 3-angled (rarely terete), jointless, leafy or occasionally sheathed at the base. Spikelets numerous (rarely 1-2), disposed in single or umbellate heads or spikes, and surrounded with a leafy involucre. Kays sheathed. § 1. PYCREUS. Style 2-cleft: nut lenticular: spikes more or less umbelled. Annuals: spikelets linear or linear-oblong, fiat, many- '(10- 40-) flowered: rachis narrowly margined: scales compressed-keeled, 5-nerved. Spikelets clustered on the common rachis. 1. C. flavescens, L. Umbel sessile or of 2-4 rays, shorter than the spikelets ; spikelets 3 - several in a cluster, oblong-linear, acute, spreading, 20 - 30-flowered ; scales yellowish brown, ovate, obtuse, oppressed ; rachis margined ; semens 3; nut orbicular, black, smooth and shining; culms clustered, 4' -10' 43 50G CYPERACE^. (SEDGE FAMILY.) high ; leaves and 3-leaved involucre narrowly linear. (C. fasciculatus, Ell. ?) — Low grounds, Florida, and northward. July and Aug. 2. C. rivularis, Kunth. Umbel of 3 - 4 rays, one or two of them longer than the spikelets ; spikelets 3-6 in a cluster, oblong-linear, acute, many-flow- ered ; scales pale straw-color, ovate, obtuse, appressed ; rachis margined ; sta- mens 2; nut round-obovate, transversely roughened, black and shining; culms 6' -12' high, slender; leaves and 3-leaved involucre linear. — Marshy banks of streams, Georgia, Florida, and westward. Aug. 3. C. diandrus, Torr. Umbel of 2-5 short and unequal rays, the longer ones longer than the spikelets ; spikelets lanceolate-oblong, acute, brownish or dark brown, spreading ; scales ovate, obtuse, appressed, green on the keel ; rachis margined; stamens 2; nut oblong-obovate, roughish, dull gray. — Wet places, North Carolina, and northward. Aug. — Culms 4' -10' high. Invo- lucre 3-leaved. This and the preceding are probably only diandrous forms of No. 1. * * Spikelets scattered on the common rachis (spiked). 4. C. Nuttallii, Torr. Umbel sessile or of 3-6 rays, l'-2' long; spike- lets numerous on the rays, spreading, linear-lanceolate, acute, light or yellowish brown, 12-20-flowered, the lower ones commonly compound; scales rigid, ob- long-ovate, acute or mucronate, appressed ; stamens 2 ; nut oblong-obovate, very obtuse, grayish and minutely pitted; culms clustered, 3-angled, 4' -15' high ; leaves and involucre narrowly linear. (C. flavescens, Ell. C. holosericeus, Link.?) — Salt or brackish soil, Florida, and northward. July -Sept. — Plant commonly yellowish and glossy throughout. Spikelets rarely crowded in a terminal head. 5. C. flavicomus, Michx. Umbel compound, many-rayed ; spikelets very numerous, crowded, linear, acute, 12-30-flowered; scales loosely imbricated, yel- lowish, round-obovate, emarginate, with broad and scarious margins, at length spreading ; rachis broadly margined ; stamens 3 ; nut obovate, black, smooth and shining, barely shorter than the scale; culms thick, obtuse-angled, l°-3° high; leaves broadly linear, glaucous beneath, as long as the culm. — Low grounds and ditches, Georgia and South Carolina. May -Sept. — Involucre 3 - 5-leaved. Spikelets 6" - 9" long. 6. C. microdontus, Torr. Umbel of 4 - 8 rays, simple or somewhat compound; spikelets numerous, crowded, linear, acute, 15 - 25-flowered, pale brown; scales thin, ovate, acute, closely imbricated; rachis slightly margined; stamens 2 ; nut linear-oblong or somewhat club-shaped, short-pointed, grayish and minutely pitted; culms filiform, 3-angled, 6' -12' high; leaves and elon- gated involucre very narrow. — Margins of ponds and streams, Florida to North Carolina. July - Sept. — Bays 1 ' - 2' long. Spikelets 4" - 7 " long. § 2. CYPERUS PROPER. Style 3-cleft: nut 3-angled: joints of the rachis winged by the adnate decurrent scales, rarely wingless. 1. SPICATI. Umbel simple or compound: spikelets few -many-flowered, distinct, spreading, forming loose or compact spikes at the summit of the rays : scales rigid, 1 - ll-nerved : joints of the rachis commonly conspicuously winged: stamens 3. ^ CYPERACE^. (SEDGE FAMILY.) 507 * Spikelets approximate or crowded on all sides of the common rachis, forming oblong or cylindrical spikes. 7. C. BtrigOSUS, L. Umbel large, 4 - 8-rayed, simple or compound, much shorter than the involucre ; involucels bristly, shorter than the dense oblong spikes ; spikelets yellowish, linear, acute, compressed, 6 - 10-flo\vered ; scales somewhat scattered on the very slender rachis, oblong-lanceolate, acute, closely appresscd, much longer than the linear-oblong acute minutely dotted dull nut ; culms (l°-3° high) tumid at the base, as long as the broadly linear leaves. — Swamps and damp soil, Florida, and northward. July -Sept — Rays 4' -6' long. Spikelets £' - f ' long. Sheath of the rays bristle-pointed. 8. C. stenolepis, Torr. Umbel simple or compound, 6 - 9-rayed, shorter than the 3 - 6-lcaved involucre ; sheaths of the rays truncate ; involucels bristly, shorter than the ovate compact spikes ; spikelets yellowish, linear, acute, com- pressed, 5-8-flowered; scales linear-lanceolate, acute, involute, spreading, much longer than the oblong-linear acute dull and minutely pitted nut; culms smooth (2° -3° high); leaves very rough on the margins, whitish beneath. — Swamps and wet places, Florida to North Carolina. Aug. and Sept. — Stem rather slender, longer than the leaves. Spikelets 6"- 8" long. 9. C. Michauxianus, Schultes. Umbel compound, 4-6-rayed; rays short with the sheaths pointed ; spikes loose, mostly shorter than the leafy in- volucels ; spikelets spreading or reflexed, linear-subulate, terete, 10-12-fiow- ered ; scales scattered on the short-jointed broadly-winged rachis, oblong, obtuse, faintly nerved, appressed ; nut oblong, compressed-3-anglcd ; culms slender, obtuse-angled; involucre 4-6-leaved. (C. speciosus, Vahll) — Swamps and ditches, Florida, and northward. Aug. and Sept. Q) — Culm 2° - 3° high. Spikelets 6" - 8" long, flexuous in fruit. Var. ? elongatUS, Torr. " Culm tall and slender ; rays elongated ; spike- lets subulate, obtusely quadrangular ; scales lanceolate, acute." Torr. — North Carolina, Curtis. — Rays 3'- 5' long. Spikelets crowded, 6 - 8-flowered. 10. C. tetragonus, Ell. Umbel simple or compound, of 6-12 slender rays; spikes cylindrical, loose; spikelets horizontal, short (2" -3" long), oblong, 4-angled, 4- 6-flowered; scales ovate, mucronate, appressed, 9 - 11 -nerved, twice as long as the oblong dull nut; culms mostly slender, 1° -2° high, acutely rough-angled at the summit, as long as the green rough-edged leaves ; invo- lucre many-leaved. — Dry sandy soil, along the coast, Florida to North Caro- lina. Aug. and Sept. 1J. — Spikes 1'- 1^' long, 5" wide, those on the longer rays commonly compound. Rays 3' -5' long. Joints of the rachis broadly winged. 11. C. ligularis, L. Umbel compound, of 4-6 rays ; spikes ovate or ob- long, dense ; spikelets spreading (4" long), linear-lanceolate, compressed-4-an- gled, 8 - 10-flowered, acute ; scales oblong-ovate, acute, spreading, 9 - 11 -nerved, thrice the length of the oblong-obovate pointed blackish nut; culms obtuse- angled, shorter than the (3° - 4° long) whitish long-tapering leaves. — Sandy shores at Key West. Oct. 1J. — Culm 2° - 3° high. Leaves rough-edged. Rays 2' - 3' long. Spikelets light brown. Joints of the rachis broadly winged. 508 CYPERACEJ2. (SEDGE FAMILY.) * * Spilcelets compressed, somewhat ^.-ranked, mostly few and scattered on the com- mon rachis : perennials, with creeping tuber-bearing rootstocks : Jlowers mostly abortive. 12. C. repens, Ell. Umbel mostly simple, erect, 5- 6-raycd, shorter than the 3-5-lcavcd involucre; spikelets linear, spreading, 12- 24-flowered, the lower ones often clustered; scales oblong, obtuse or short mucronate, com- pressed-keeled, thin-margined, spreading at the apex, yellowish brown ; nut ob- long, triquetrous, acute. — Sandy soil near the coast, Florida, and northward. July - Sept. — Culms 1°- l£° high, acute-angled, longer than the erect smooth leaves. Rays 2' -4' long. Spikelets 6" - 8" long. Whole plant yellowish. 13. C. lutescens, Torr. & Hook. Umbel simple, large, 5-7-rayed, short- er than the 3 - 5-leaved involucre ; spikelets horizontal, flat, linear, 30 - 40-flow- ered, the lowest 2 - 3 in a cluster ; scales light brown, oblong-lanceolate, acute, rounded on the back, slightly spreading at maturity ; nut obovate-oblong ; culms stout (2° - 3° high), acute-angled, shorter than the broadly linear leaves. — Key West. Nov. — Leaves 3" - 6" wide, very smooth. Rays 4' - 8' long. Spike- lets 1' long, l£" wide, serrate, the lower ones with a bristly involucel. 14. C. rotundus, L. Umbel simple or compound, 3-8-rayed, mostly longer than the 3-leaved involucre ; spikes composed of 3 - 9 scattered linear flat 20 - 30-flowered spikelets ; scales oblong, obtuse, appressed, 7-nerved on the green keel, the membranaceous sides dark chestnut ; nut obovate ; culms smooth, slender, longer than the broadly linear crowded spreading rough leaves. (C. Hydra, Michx.) — Sandy soil, along the coast, Florida to North Carolina. Aug. and Sept.— Culm 9' -18' high. Rays slender, 2' -4' long. Spikelets £'-!' long. 2. SPARSIFLORI. Umbel compound : spikelets compressed, many -flowered, scattered in loose spikes at the filiform summit of the rays: scales thin, 5-ncrved, separate ; joints of the rachis slightly margined: stamens 2. 15. C. Iria, L. Umbel 6- 8-rayed, erect, shorter than the 3 - 4-leaved in- volucre; spikelets erect-spreading, oblong-linear, 12 -24-flowered ; scales spread- ing, nearly orbicular, obtuse or emarginate, short-mucronate, 5-nerved on the green keel, the thin whitish sides minutely pitted; nut oblong-obovate, abruptly pointed; style very short; culms (1° high) slender, acute-angled, longer than the smooth narrow leaves. — Santee Canal, South Carolina, Ravenel. Probably introduced from Eastern Asia. 3. PALMATI. Umbel compound or decompound, diffuse: spikelets 2-ranked, com- pressed, many-flowered, 3-10 in a cluster at the summit oj the general and par- tial rays : scales closely imbricated, 3 — 1-nerved, decurrent on the rachis : sta- mens 3. * Culms terete, knotted, leafless : involucre very short : nut oblong. 16. C. articulatus, L. Umbel compound, many-rayed, spreading or re- curved; involucre of three bract-like pungent leaves; spikelets long (£/-l^' long), linear, spreading, 30 - 40-flowered ; scales whitish, oblong, obtuse, 7-nerved CYPERACEJE. (SEDGE FAMILY.) 509 on the back, thrice the length of the linear-oblong dull nut ; rhizoma creeping, bearing tuber-like buds ; culms stout (3° - 5° high), tumid at the sheathed base. — Marshes near the coast, Florida to South Carolina. Aug. - Sept. ]\. — If lowers mostly abortive. * * Culms 3-angled, knotless : involucre leafy : nut obovate. 17. C. Haspan, L. Umbel many-rayed, decompound, spreading, the fili- form rays mostly longer than the 2-l^aved involucre; spikelets small (4" -5" long), 3-5 in a cluster, linear, acute, 20 - 40-flowered ; scales light reddish- brown, very small, oblong, mucronatc, 3-nerved, free at the apex ; nut white, round-obovate, granular-roughened ; culms tender, shaqily angled ; leaves lin- ear, smooth, shorter than the culms (1° - l£°), often reduced to membranaceous sheaths. (C. gracilis, Muhl. C. leptos, Schultes.) —Ponds and ditches, Flor- ida to North Carolina, and westward. July - Sept. 18. C. dentatus, Torr. Umbel compound, erect, 4- 7-rayed, shorter than the 3-4-lcaved involucre; spikelets 3-5 in a cluster (3" - 7" long), ovate-ob- long, obtuse, flat, 12-30-flowered ; scales ovate, acute, compressed, 7-nerved on the green keel, membranaceous on the reddish brown sides, spreading at the apex; nut minute, round-obovate, whitish; rhizoma creeping, bearing tubers; culms slender (1° high), obtuse-angled, longer than the rigid keeled leaves. — Sandy swamps and banks, South Carolina, Torrcy, and northward. Sept. 1J. — Rays l'-2' long. 19. C. Lecontii, Torr. Umbel compound, erect, 6-12-rayed, shorter than the 3-leaved involucre ; spikelets commonly three in a cluster, oblong or linear-oblong, obtuse, flat, 30 - 70-flowered (J'-l'long); scales closely imbri- cated, ovate, obtuse, compressed, yellowish, faintly 7-nerved, appressed at the apex ; nut minute, round-obovate, blackish ; culms rigid, obtuse-angled, as long as the rigid leaves. — Low sandy places along the coast, East and West Florida. July -Sept. 1\|. — Rhizoma creeping. Culms 6'- 12' high. Rays 2' -6' long. Rachis with very short joints. Whole plant pale straw-color. 4. GLOMERATI. Umbel simple or compound: spikelets many-flowered, compressed, numerous in a cluster, forming more or less dense heads at the summit of the com- mon and partial rays : rachis wingless : stamen solitary. * Umbel compound : spikelets ovate or oblong, flat : scales 3-nerved, concave on the back, acute : nut minute, lanceolate or oblong. 20. C. virens, Michx. Umbel spreading, compound, many-rayed; invo- lucre 4 - 6-leaved, many times longer than the umbel ; spikelets (4'' - 6" long, and about 20 in a cluster) oblong, 30 - 40-flowered, pale green ; scales oblong- lanceolate, straight; nut lanceolate, acute at each end; culms stout (2° -4° high), rough-angled above ; leaves broad, elongated, reticulated, rough on the margins. Miry places, Florida to North Carolina. July- Sept. 1J. — Plant pale green. Rays 3' -4' long. Spikelets turning yellowish. 21 C. vegetus, Willd. Umbel often decompound, many-rayed, widely spreading ; involucre 4-leaved, many times longer than the umbel ; spikelets short (l£"-2" long), ovate, 10-15-flowered, very numerous in the heads ; scales 43* 510 CYPERACE.E. (SEDGE FAMILY.) lanceolate, incurved, spreading at the apex ', nut minute, linear-lanceolate, slen- der-pointed ; culms slender (2° -3° high), obtuse-angled or nearly terete ; leaves narrow, rigid, rough on the margins near the summit. — Low pine barrens and margins of ponds, Florida to North Carolina. Sept. 1J. — Culms tumid at the base. Leaves of the involucre horizontal. Heads light brown. 22. C. Drummondii, Torr. Umbel compound, of 4 - 6 primary rays, and as many smaller ones, shorter than the 4-leaved involucre ; spikelets (10-20 in a cluster) oblong or oblong-linear, 40- 50-flowered ; scales yellowish, ovate, straight, free at the apex ; nut oblong, pointed, abruptly contracted at the base, minutely wrinkled; culms (6' -15' high) obtuse-angled, very rough, longer than the narrow leaves. — Sandy swamps, Middle Florida, and westward. Septem- ber. © * Umbel simple or sessile : spikelets lanceolate or linear, compressed: scales 8- 10- ncrved, tapering into a long spreading or recurved point : nut obovate-oblong : low tufted annuals. 23. C. inflexus, Muhl. Umbel of 1 -2 short rays or sessile, much shorter than the 2-3-leaved involucre; spikelets very numerous in the clusters (green), oblong-linear (2" long), 10-20-flowered; scales thin, oblong, 8-nerved, gradu- ally pointed; culms weak, acute-angled (2' -6' high), as long as the smooth narrowly linear leaves. — Low sandy places, Apalachicola, Florida, (apparently introduced,) to North Carolina, and northward. July -Sept. — Sheaths of the leaves green. 24. C. COnfertus, Swartz. Umbel of 1 - 2 short rays or sessile, shorter than the 2-leaved involucre; spikelets 8-20 in a cluster, lanceolate, 12-20-flow- ered, reddish brown (3" long) ; scales rigid, oblong, 10-nerved, abruptly pointed ; culms acute-angled (l'-4'high), as long as the linear smooth leaves; sheaths dark brown. — South Florida. November. Spikelets less crowded than in the preceding. 5. CAPITATI. Umbel simple or sessile : spikelets inserted on all sides of the common rachis, forming clusters or heads: joints of the rachis mostly winged: scales rigid, 5-1 l-nerved: stamens 3. * Spikelets few in loose clusters. 25. C. filiformis, Swartz. Clusters sessile ; spikelets 6-12, erect, terete, subulate, 6-12-flowered; scales scattered, appressed, oblong, mucrpnate, finely nerved ; rachis very slender, flexuous ; nut oblong, acute ; culms tufted, filiform, acute-angled, longer than the bristle-like leaves; involucre 2-leavcd, the lower one elongated and erect. — Key West. November. 1J. — Culms 4' - 10' high, tumid at the base. Spikelets 4" - 6" long. 26. C. eompressus, L. Umbel simple or compound, often sessile, shorter than the 4 - 6-leaved involucre ; spikelets spreading, linear, flat, 1 2 - 30-flowered ; scales ovate, acuminate, closely imbricated, keeled , nut broadly obovate, acute- angled, black and shining; culms obtuse-angled, longer than the pale green leaves.— Cultivated grounds, Florida to North Carolina, and westward. July- Sept. ® — Culms 4' -12' high. Umbel spreading, sometimes reduced to few CYPERACE^E. (SEDGE FAMILY.) 511 spikclets or a single one. Spikelets somewhat glaucous, 4" - 6" long, serrated by the projecting points of the scales. 27. C. trachynotus, Torr. Umbel simple, of 3 - 5 short erect rays ; in- volucre elongated, 3-leaved ; spikclets several in a cluster, lanceolate, compressed, 12-20-flowcrcd; scales whitish, ovate, acuminate, loosely imbricated in fruit, hispid-serrulate on the keel, the broad margins embracing the pear-shaped acutely angled nut ; culm flattened on one side, rounded on the other, as long as the slender keeled leaves. — Dry sandy soil, South Florida. May - Nov. — Culms 9'- 15' high, straw-color, like the leaves. Spikelets jf long. * * Spikelets numerous in compact globular or oblong heads. •«- Perennials : culms tumid or tuberous at the base. 28. C. fuligineus, n. sp. Head solitary, globose, shorter than the 2-lcavcd involucre; spikes lanceolate, acute, compressed, 8-12-flowercd ; scales (black) ovate, obtuse or emarginate, mucronate ; nut oblong-obovate ; culms filiform, obtuse-angled, thrice the length of the narrow rigid leaves. — Key "West. No- vember.— Culms £°-l° high. Sheaths of the leaves blackish. Head 5" in diameter. Scales 9-nerved. 29. C. filiculmis, Vahl. Umbel of 1 - 2 spreading rays or none ; invo- lucre 3 - 4-leaved ; spikelets 15-20, in a dense globose head, linear-lanceolate, 6-10-flowered; joints of the rachis barely margined; scales (greenish) ovate, obtuse or emarginate, short-mucronate, loosely imbricated ; nut obovate ; culms (10' -15' high), slender, wiry, longer than the linear leaves. (C. marisco ides, Ell.) — Dry sandy soil, Florida, and northward. July- Sept. — Heads £' in diameter. 30. C. Grayii, Torr. Umbel of 4-6 erect rays, shorter than the 3-4- leaved involucre ; spikelets 6 - 9 in a rather loose head, linear or linear-lanceo- late, 5 - 7-flowered ; joints of the rachis winged ; scales (brownish) closely im- bricated (spreading in fruit), ovate or oblong, obtuse; nut obovate; culms (8'- 12' high) filiform, wiry, longer than the bristle-shaped leaves. — Dry sandy pine barrens, Florida, and northward. Aug. and Sept. 31. C. OVlllaris, Torr. Umbel 3-6-rayed, rarely wanting ; heads small, globose or oblong; spikelets (!£"- 2" long) angular, obtuse, 2 - 4-flowcred ; scales ovate-oblong, obtuse, mucronate, closely -imbricated; nut oblong; culms filiform, smooth; rather acute-angled, much longer than the rigid filiform leaves. (Mariscus ovularis, Vahl. M. cylindricus, Ell.) — Wet or dry soil, Florida, and northward. Aug. and Sept. — Culms £° - 2° high. Heads 2" - 3" in diameter. 32. C. retrofractus, Torr. Umbel of about 8 slender (2' -6' long) rays, longer than the involucre ; heads obovate ; spikelets subulate, reflexed, terete ; scales 4-5, the two lower ones ovate and empty, the upper lanceolate, acute; nut linear-oblong: culm tall (2° -4°), downy and roughish, like the broadly linear leaves. (Mariscus retrofractus, Vahl.) — Barren sandy soil, Florida, and northward. July - Sept. — Leaves much shorter than the culm. •»- H- Annuals: roots fibrous. 33. C. Baldwin!!, Torr. Umbel 6-12-rayed, shorter than the involucre; heads globose or oblong ; spikelets linear, somewhat compressed, acute, 6-12- 512 CYPERACE2E. (SEDGE FAMILY.) flowered; scales (greenish or yellowish) oblong, obtuse, mucronate, closely im- bricated ; nut oblong; culms (l°--2° high) obtuse-angled, longer than the linear leaves. (Mariscus echinatus, Ell.) — Cultivated ground, Florida to North Caro- lina, and westward. July - Sept. — Spikelets 3" - 6" long. 34. C. divergens, Kunth. Umbel none; head globose, shorter than the 4-leaved involucre ; spikelets ovate-lanceolate, flat, acute, 5 - 7-flowered ; scales ovate, mucronate, compressed-keeled, 7-nerved, the scarious sides broadly clecur- rent; style deeply 2 - 3-parted ; stamens 2-3; nut (immature) oblong, lenticu- lar or 3-angled; culms low (2' -3'), tufted, obtuse-angled, shorter than the smooth keeled leaves. — Damp cultivated grounds, Quincy, Middle Florida. August. — Head 3" -4" in diameter, composed of 3-4 compact clusters ; spike- lets 1" long, white. $ 3. PAPYRUS. Style 3-cleft: nut 3-angled: scales of the rachis at length free and deciduous. Inflorescence as in No. 7. 35. C. erythrorhiZQS, Muhl. Umbel 3- 12-rayed, simple or compound, shorter than the 3 -10-leaved involucre ; spikelets very numerous, narrow-linear, compressed, spreading, 12-50-flowered; scales minute, oblong-ovate, obtuse, greenish and faintly nerved on the back, yellowish and glossy on the sides ; scales of the rachis lanceolate, acute ; nut oval, compressed-3-angled, smooth and shining ; culms obtuse-angled ; leaves rough on the margins, pale beneath ; involucels leafy, longer than the spikes. (C. tenuiflorus, Ell.) — Ponds and ditches, Florida, and northward. July- Sept. (f) — Culms £° -4° high. Leaves 1"- 14" wide. Spikelets 2" - 8" long. 2. KYLLINGIA, L. Spikelets compressed, mostly 1-flowered. Scales commonly 4, imbricated in two rows, the two lower ones small and empty, the third perfect, the fouith im- perfect. Perianth none. Stamens 1-3. Style elongated, 2-cleft. Nut lentic- ular.— Culms jointless, 3-angled, leafy at the base. Involucre 3-5-leaved. Spikelets collected in single or clustered sessile heads. Plants odorous. 1. K. pumila, Michx. Heads (green) mostly 3, globose or ovate ; spike- lets 1-flowered, ovate-lanceolate, acute at each end; scales 3, the lowest minute, the middle one ovate, compressed, mucronate, mostly serrulate on the keel, en- closing the upper one ; nut obovate ; stamens 2 ; culms weak, acute-angled ; leaves and 3 - 4-leaved involucre linear. — Wet places, Florida to North Caro- lina. July- Sept. © — Culms tufted, 4' - 10' high. 2. K. sesquiflora, Torr. Heads (white) 1 - 3, ovate or oblong ; spikelets ovate-oblong, acute, 1-flowered, or imperfectly 2-flowered ; scales 4-5, the two lower ones minute, the third and fourth alike, ovate, acute, smooth, the fifth en- closed in the fourth ; stamens 2 ; nut obovate ; culms erect, obtuse-angled ; leaves and 3 - 5-leaved involucre broadly linear. — Low exposed places and along roads, Middle Florida. Aug. -Sept. 1\|. — Culms 4' -12' high. Plant pale green, pleasant-scented. CYPERACE^. (SEDGE FAMILY.) 513 3. K. monocephala, L. "Heads single, globose, compact; spikelets 1 -flowered, monandrous, ovate, acuminate, the 2 superior scales striatc, nearly smooth on the sides, serrulate-ciliate on the keel, the 2 inferior minute ; nut somewhat orbicular ; involucre 3-leaved, one of the leaves erect, the others hori- zontal." Torr. — Low moist places near Darien and Sunbury, Georgia. — Rhi- zoma creeping Culms 1° high. Head greenish, generally inclined. Leaves abruptly pointed. 3. DULICHIUM, Richard. Spikelets linear, compressed, many-flowered. Scales imbricated in 2 rows, decurrent on the joints of the rachis. Perianth composed of 6 - 9 downwardly hispid rigid bristles. Stamens 3. Style 2-cleft. Nut lanceolate, compressed, long-beaked. — Perennial. Culms terete, jointed, leafy. Leaves numerous, 3-ranked, linear or lanceolate, short and spreading. Spikes numerous, solitary in the upper axils, simple or the lower compound. Spikelets 8- 14, 2-rankcd, spreading, 6 - 10-flowered. Scales lanceolate, many-nerved, closely imbricated. Bristles nearly twice as long as the compressed or concave nut. 1. D. spathaceum, Richard. — Ponds and ditches, Florida, and north- ward. Aug.- Sept. — Culms 1°- 2° high. Leaves V -3' long. Spikelets 6" - 12" long. Peduncles of the lower spikes longer than the sheaths. 4. HEMICARPHA, Nees. Spikes many-flowered, ovate, one or few in a terminal (apparently lateral) cluster. Scales imbricated in many rows, ovate or obovate. Inner scale single, behind the flower, very thin, minute. Perianth none. Stamens 1-2. Style 2-cleft. — Small tufted annuals with naked culms, narrow radical leaves, and an erect mostly 1 -leaved involucre. 1. H. subsquarrosa, Nees. Culms erect, nearly terete (2' -4' high); leaf solitary, linear-subulate, concave, smooth, shorter than the culm ; involucre 1 - 2-leaved, the lower one erect and continuous with the culm, much longer than the spikes, the other short and reflexed or wanting ; spikes 2 (rarely one), seemingly lateral ; scales brown, ovate-oblong, reticulated, the stout and greenish midrib prolonged into a thick and obtuse erect point ; stamens 2 ; style deeply 2-parted, smooth ; nut oblong-obovate, minutely pitted in lines. — Low sandy places, Florida, and northward. Aug. -6ept. — Sheaths brown. Spikes 2" -3" long. 5. LIPOCARPHA, R. Brown. Spikes many-flowered, terete. Scales spatulate, imbricated in many rows, deciduous, the lowest empty. Interior scales 2, parallel to the exterior ones, membranaceous, enclosing the flower and nut. Stamens 1-2. Style 2 -3-cleft. Nut compressed, 3-angled. — Culms jointless, leafy at the base. Spikes in a terminal cluster. Involucre leafy. 1. L. maculata, Torr. Annual; culms clustered, terete; leaves much shorter than the culm, linear, concave, smooth ; involucre 2-6-leaved, spreading 514 CYPERACEuE. (SEDGE FAMILY.) or recurved ; spikes small, ovate, 3-9 in a cluster ; scales spotted ; scales of the perianth very thin, the nerves at length free and bristle-like below ; nut ob- long, contracted into a short neck. (Kyllingia maculata, Michx.) — Springy or miry places, Florida to North Carolina. July -Sept. — Culms 4' -8' high. Spikes l"-2" long, green. 6. FUIRENA, Rottb. Spikes many-flowered. Scales imbricated in many rows, awncd at the apex. Perianth consisting of three petal-like stalked scales alternating with as many bristles. Stamens 3. Style 3-cleft. Nut 3-angled, raised on a stalk, and pointed with the persistent base of the style. — Culms terete, jointed. Spikes single or clustered, lateral and terminal. Scales hairy. 1. F. scirpoidea, Vahl. Rhizoma thick and creeping; culms slender; leaves reduced to pointed sheaths, smooth ; spikes 1-3, terminal, ovate, sup- ported by a small bract-like involucre ; scales obovate, 9-nerved, pointed with a short erect awn ; stalks of the oval barely pointed petal-like scales longer than the hispid bristles. — Wet sandy places, near the coast, Florida and Georgia. May Sept. 1J. — Culms 1° high. 2. F. squarrosa, Michx. Culms clustered, smooth, or pubescent near the summit ; leaves flat, linear or linear-lanceolate, the margins, like the lower sheaths, hairy ; spikes oblong, in lateral and terminal clusters ; scales oblong- obovate, with the long pale awn recurved ; petal-like scales ovate, acute ; bristles as long as the stalk of the obovate nut. — Var. HISPIDA. (F. hispida, Ell.) Leaves, sheaths, and upper portion of the culm bristly-hairy ; petal-like scales acuminate ; bristles nearly as long as the nut. — Swamps, Florida, and north- ward. July -Sept. \— Culms £°- 2° high. Leaves 2' -5' long. Terminal cluster occasionally compound. 7. ELEOCHAEIS, R. Brown. SPIKE-RUSH. Spikes many- (rarely 2-4-) flowered. Scales imbricated on all sides of the rachis, or somewhat 2-ranked, the lowest usually empty, bract-like, and persistent. Perianth of 3 -8 bearded bristles, occasionally wanting. Stamens 1-3. Style 2 - 3-cleft. Nut compressed, biconvex, or 3-angled, crowned with the persistent jointed base of the style (tubercled). — Commonly perennials, with creeping rootstocks. Culms jointless, leafless, sKeathed at the base, bearing at the apex a single spike. $ 1. ELEOCHARIS PROPER. Spikes many -flowered : scales imbricated in several rows. * Spikes cylindrical, scarcely thicker than the soft cellular culms : nut biconvex, pitted or wrinkled in longitudinal lines. H- Scales rounded, thick and faintly nerved: style 3-cleft: bristles 6, sparingly bearded or smoothish, as long as the nut. (Limnochloa, Nees.) 1. E. equisetoides, Torr. Culms stout, terete, knotted by cross parti- tions, roughish ; scales pale, round-ovate, obtuse or the upper acute, scarious on CYPERACE^E. (SEDGE FAMILY.) 515 the margins ; bristles hispid ; nut pale brown, obscurely wrinkled, shining, crowned with a sessile conical-beaked acute tubercle. (Scirpus equisetoides, Ell.) — Ponds, Florida, and northward. July-Sept. 1\|. — Culms l°-2° high, 3" in diameter. Sheaths brown. Spikes 1' long. 2. E. quadrangulata, R- Br. Culms unequally 4-sided, with the angles acute ; scales pale, roundish, very obtuse, scarious on the margins ; bristles slen- der, bearded, unequal ; nut broadly obovate, finely pitted, dull white ; tubercle ovate or conical, free around the base, much shorter than the nut. (Scirpus quadrangulatus, Michx.) — Ponds and ditches, Florida, and northward. July- Sept. U— Culm 2° - 3° high, 1" - 2" in diameter. Sheaths purplish. Spikes 1' long. 3. E. eellulosa, Torr. Culms obscurely 3-angled below, terete above ; scales pale brown, round-obovate, white and scarious on the margins ; bristles rather rigid, nearly or quite smooth ; nut oblong-obovate, conspicuously pitted, narrowed into the conical (at length flattened) tubercle. — Marshes, Apalachi- cola, Florida, and westward, near the coast. Aug. and Sept. Ij. — Rootstocks creeping, slender. Culms l°-2° high, 1\|" in diameter. Upper sheath elon- gated. Spikes £' - 1' long, spirally twisted. •»- H- Scales oblong, nerved on the lack, thin on the margins : style 2 - 3-cleft : bristles 7, strongly bearded, longer than the nut. 4. E. Robbinsii, Oakes. Culms erect, rather slender, acutely 3-angled, intermixed with hair-like abortive ones; spike 6-8-flowered, acute; scales greenish, obtuse, rather distant on the flattened rachis, closely imbricated ; style 2-cleft; bristles unequal, as long as the nut and tubercle ; nut (1" long) deeply pitted in lines, scarcely shorter than the subulate tubercle. — Shallow ponds, near Quincy, Florida, and in New England, Oakes, Olney ; but not as yet de- tected at any intermediate point. Aug. — Rhizoma filiform. Culms 6' - 12' high. Spikes ^' long. 5. E. elongata, n. sp. Culms floating, slender, terete, mingled with hair- like abortive ones; spike 12-20-flowered, acute; scales rather distant on the compressed rachis, oblong-ovate, obtuse, green on the back, dark brown on the sides ; style 3-parted ; bristles rather longer than the obovate biconvex or some- what 3-angled faintly pitted nut ; tubercle minute. — In still water, near Apala- chicola. July. 1\|. — Rootstocks filiform. Culms 2° - 3° long, all but the summit immersed. Spikes 6" - 9" long. Nut £" long. * * Spikes thicker than the culm : style 3-cleft : nut 3-angled. •t- Bristles 6, as long as the nut and tubercle: nut longitudinally furrowed and pitted. 6. E. tuberculosa, R. Br. Culms somewhat compressed, tough and wiry; spikes pale, ovate or oblong, acute; scales oblong, rigid, 1 -nerved; nut obovate, as large as the ovate compressed 3-angled tubercle ; bristles rigid, his- pid.— Varies with larger spikes and pubescent bristles. (Scirpus tuberculosus, Michx.) — Wet places, chiefly along the coast, Florida, and northward. March - Sept. U — Culms 6' - 12' high. Spikes 3" - 4" long (6" - 8" in the var.). Nut shining. 516 CYPERACEuE. ( SEDGE FAMILY.) 7- E. simplex, Torr. Culms unequally 3-sided, acute-angled ; spikes short, ovate, acute ; scales ovate-oblong, whitish, with brownish sides ; nut obovate, flat on the inner face, twice as, long as the conical-beaked compressed acute tubercle ; bristles rigid. (E. tortilis, Schult. Scirpus simplex, Ell.) — Miry places along streams, Florida to North Carolina. May - Sept. 1J. — Culms l°-l£° high, very slender, twisted when dry. Spikes 2" -3" long, angular, few-flowered. 8. E. prolifera, Torr. (Cyp. p. 315, not of p. 442). Culms filiform, dif- fuse or prostrate, compressed ; spikes ovate-lanceolate, acute, proliferous or rooting ; scales whitish, thin, oval, obtuse ; nut obovate, compressed-3-angled ; tubercle half as long as the nut, conical, 3-angled, free at the base ; bristles stout. (E. vivipara, Link.) — Marshy banks of ponds and streams, Florida to North Carolina. May -Sept. 1J. — Culms 10' -20' long, tough and wiry. Spikes 2" - 4" long, very rarely fruiting. •- -i- Bristles 4-6, longer than the smooth nut. 9. E. intermedia, Torr. Culms bristle-form, diffuse, furrowed; spikes oblong-ovate, acute, 8 - 10-flowered ; scales ovate-lanceolate, rather acute, thin, brown on the sides ; nut (yellowish) obovate, narrowed at the base, flat on the inner face, beaked with the subulate tubercle ; bristles 6, stout, as long as the nut and tubercle. — Wet places and in shallow streams, Georgia, and northward. — Culms £° long. Spikes 2" -3" long. Nut minutely striate. 10. E. albida, Torr. Culms terete, spongy ; spikes pale, oval or oblong, obtuse, many-flowered ; scales rigid, oval, obtuse, white or brownish ; nut broadly obovate, whitish, flat on the inner face, smooth and shining ; tubercle minute, free at the base ; bristles 6, reddish, longer than the nut. — Wet sandy places along the coast, Florida to South Carolina, and westward. May - Sept. 1J. — Ehizoma filiform, creeping. Culms 2'- 6' high. Spikes 2" - 3" long. 11. E. rostellata, Torr. Culms compressed, furrowed, wiry; spikes ovate-lanceolate, acute, 12 -20-flowered ; scales rigid, oval, obtuse, light brown ; nut obovate, flat on the inner face, tapering into the conical-beaked tubercle ; bristles 4-6, stout, twice as long as the nut. — South Carolina, and northward. — Culms 1 ° - 1 1° high. Spikes 3" - 4" long. -t- •»- -t- Bristles 2-6, not exceeding the nut, often wanting. 12. E. melanocarpa, Torr. Culms compressed, furrowed, tough and wiry ; spikes ovate or ovate-oblong, obtuse, many-flowered ; scales thin, ovate, obtuse, white on the broad margins; style 2-3-cleft; nut black, obconical, 3- angled or biconvex, truncate at the apex, and capped with the triangular minutely pointed white tubercle ; bristles 3, as long as the nut, sometimes want- ing. — Pine-barren swamps, Florida, and northward. June - Sept. 1J. — Culms l°-l£° high. Spikes 4" -5" long, 2" thick, occasionally proliferous. 13. E. arenicola, Torr. Rhizoma long and creeping ; culms slender, slightly compressed, striate, tough and wiry ; spikes ovate, or at length oblong or cylindrical, obtuse, many-flowered ; scales thin, oblong, obtuse, brown at the summit, white on the margins ; nut (yellowish) obovate, compressed-3-angled, (SEDGE FAMILY.) 517 contracted into a neck at the base of the short conical-beaked tubercle ; bristles 4-6, reddish, not longer than the nut. — Sandy sea-shore, West Florida to South Carolina. May -Sept. 1J. — Rhizoma and sheaths black. Culms 6'- 15' high. Spikes 3"- 6" long, occasionally 2-3-cleft. Nut minutely pitted. 14. E. tricostata, Torr. Rhizoma stout, creeping; culms nearly terete, striate, wiry ; spikes cylindrical-oblong, acutish, many-flowered ; scales thin, oblong, green on the keel, dark brown on the sides, white on the margins ; nut obovate, with strong and rib-like angles, contracted into the minute conical tubercle; bristles none. — Low pine barrens, Florida, and northward. May — Sept. 1J. — Rhizoma and sheaths pale. Culms 1°- l£° high. Spikes 2" -4" long. Nut very small, minutely wrinkled. 15. E. tenuis, Schultes. Culms filiform, acutely 4-angled, the sheaths purple ; spikes elliptical, obtuse or acute, many-flowered ; scales oblong, obtuse, green on the keel, dark brown on the sides, white on the margins ; nut obovate, 3-angled, transversely wrinkled and pitted, crowned with the broad depressed short-pointed tubercle ; bristles 2-3, much shorter than the nut, fugacious. — "Wet places, North Carolina, and northward. — Culms 8' -12' high, almost bristle-form. Spikes 3" -4" long. Nut pale brown. 16. E. microcarpa, Torr. Culms bristle or hair-like, 4-angled; spikes ovate or oblong, obtuse, 10 -many-flowered, often proliferous; scales oblong, obtuse or acutish, mcmbranaceous, brownish, with white margins ; nut very minute, white, obovate, rounded at the apex, and crowned with the depressed minutely pointed tubercle ; bristles 3-6, rarely as long as the nut, occasionally wanting. Var. ? filiculmis, Torr. Spikes many-flowered, dark brown ; nut obovate- oblong, narrowed at the apex, and crowned with the conical 3-angled tubercle ; bristles rigid, rather longer than the nut. — Low sandy places, Florida to North Carolina, and (the var.) northward, chiefly near the coast. May -Sept. — Culms tufted, 3' -9' high. Spikes l"-2" long. Lowest scale larger and per- sistent. Nut strongly 3-angled. # # Splices thicker than the culm: style 2 - 3-deft : nut lenticular. H— Culms 4-angled, bristle-like. 17. E. bicolor, n. sp. Culms erector procumbent, 4-angled or 4-furrowed ; spikes ovate, obtuse, 8 - 1 2-flowered ; scales thin, loosely imbricated, ovate, ob- tuse, white on the keel and margins, the sides dark brown ; style 2 - 3-cleft ; nut very minute, white, obovate, lenticular, smooth, twice as long as the three fuga- cious bristles ; tubercle broadly conical, compressed, one third as long as the nut. — Sandy margins of ponds, near Quincy, Florida. Aug. @) — Culms tufted, l'-6' long, when growing in water finely knotted. Spikes l£" long. 18. E. multiflora, n. sp. Culms tufted, erect, 4-furrowed, the sheaths dark brown; spikes ovate or oblong, obtuse, at length very many- (70-100-) flowered ; scales oval, very obtuse, thin, brown on the sides, white on the mar- gins ; stamens 2 ; style 2-cleft ; nut very minute, pear-shaped, compressed, almost truncate at the apex, tipped with the somewhat peltate tubercle ; bristles 44 I 518 CYPERACEjE. (SEDGE FAMILY.) none. — Margins of ponds and streams, West Florida. June -Aug. © — Culms 3' -5' high. Spikes 1"- 2" long, the lower scales deciduous as new flowers are developed. Nut black, smooth and shining. •«- •»- Culms terete or compressed, more or less spongy. 19. E. capitata, R. Brown. Rhizoma slender, creeping; culms com- pressed; spikes short, ovate, 1 2 - 1 6-flowered ; scales mcmbranaccous, whitish, oblong, obtuse, deciduous ; nut black and shining, broadly obovate, biconvex, tipped with the short conical tubercle ; bristles 6, as long as the nut. — Springy or miry places, Florida, Georgia, and westward. June - Sept. Ij. — Culms l'-4' high. Spikes l"-2" long. Scales often brown when young. Nut very small. 20. E. olivacea, Torr. Culms compressed, furrowed, diffuse; spikes ovate, acutish, many-flowered ; scales ovate, obtuse, thin, purplish on the sides, green on the keel, the margins white ; nut obovate, dull, dark olive ; tubercle distinct, conical-beaked ; bristles 6-8, about half as long as the nut. — Wet sandy places, North Carolina, and northward. Aug. and Sept. — Culms 2' - 5' long. Spikes 3" long, 20 - 30-flowered. 21. E. palustris, R- Brown. Rhizoma creeping; culms slender, terete, striate; spikes oblong-lanceolate, mostly acute, many -flowered ; scales oblong, membranaceous, brpwn on the sides, at length whitish, the upper ones acute ; nut dull yellow, obovate, tumid, minutely dotted; tubercle short, triangular- ovate, compressed; bristles 4, slender, commonly as long as the nut. (Scirpus palustris, L.) — Marshes and wet places, Florida, and northward. June- Sept. 1\|. — Rhizoma black. Culms 1 ° - 3° long. Spikes 3" -5" long. 22. E. Obtusa, Schultes. Culms tufted, terete, thick and spongy ; spikes ovate or oblong, obtuse, many-flowered ; scales thin, oblong, obtuse, commonly brown on the sides, green on the keel, with broad and white margins; style 2-3-cleft; nut^ (light brown) obovate, lenticular, smooth and shining, scarcely wider than the short compressed acute tubercle ; bristles 6, rigid, twice the length of the nut. (Scirpus capitatus, Ell.) — Muddy margins of ponds and streams, Florida, and northward. Common. June - Sept. — Culms 6' - 18'. high. Spikes 2" -4" long. § 2. CEUETOCYPERUS. Spikes few-flowered, compressed: scales membranaceous, imbricated in 2 -3 rows : style 3-cleft. Culms capillary. 23. E. acicularis, R. Br. Culms (2' -12' high) angled; spikes ovate, 5 - 6-flowered, acute ; scales oblong, with reddish sides ', nut oblong, white, nearly terete, longitudinally ribbed and pitted, pointed with the conical or de- pressed tubercle ; bristles 3-4, shorter than the nut, sometimes wanting. (Scir- pus trichodes, MM.) — Margins of ponds, Florida, and northward. June- Sept. 24. E. pygmsea, Torr. Culms short (l'-2' high), grooved on one side; spikes ovate, 3 - 6-flowered ; scales whitish, ovate ; nut ovate, pale, prominently 3-angled, smooth and shining, narrowed above into the minute tubercle ; bristles 6, longer than the nut, sometimes wanting. (Scirpus capillaceus, Ell.) — Muddy CYPERACE^E. (SEDGE FAMILY.) 519 or sandy banks near the coast, Florida, and northward. April -July. — Rhi/oma very slender, bearing minute tuber-like buds. Spikes l"-2" long. 25. E. Baldwin!!, Ton. Culms (4' -6' long) grooved, diffuse, wiry ; spikes oblong, flat, 3 - 5-flowered, proliferous and rooting ; scales 4-6, 2-ranked, lanceolate, obtuse, finely nerved, the lower ones longer ; nut smooth, oblong, strongly 3-angled, crowned with the conical 3-angled sessile tubercle; bristles 4-6, unequal, the longest as long as the nut. — Swamps, Florida and Georgia. June - Sept. }J. — Sheaths light brown. Spikes 2" long. 8. SCIRPUS, L. BULRUSH. Spikes terete, single, or oftener in clusters or umbels, which are subtended by a 1 -many-leaved involucre. Scales imbricated in several rows/ Nut obtuse, or pointed by the persistent jointless base of the style. Tubercle none. — Culms jointed and leafy, or leafy or sheathed only at the base. Otherwise like Eleo- charis. — All perennial except No. 2. § 1. Culms jointless : leaves or sheaths radical. Spike solitary, terminal. 1. S. CSBSpitoSUS, L. Culms tufted (6' -10' high), terete, wiry; sheaths numerous, rigid, imbricated, the uppermost ending in a short leaf; spike 3-8- flowcred ; involucre 2-leaved, as long as the spike, pointed ; nut oblong, com- presscd-3-angled, abruptly pointed, half as long as the smooth capillary bristles. — High mountains of North Carolina, and northward. July. — Rhizoma thick and creeping. Spike 1 " - 2" long. * * Spikes 2 -many, apparently lateral: the 1 -leaved involucre erect and continuous with the culm. •»- Spikes in sessile clusters. 2. S. debilis, Pursh. Culms terete, slender, commonly leafless; spikes 2-5, oblong-ovate or cylindrical ; involucre elongated ; scales round-ovate, obtuse mucronate ; style 2 - 3-cleft ; nut broadly obovate, plano-convex, smooth, shorter than the 4 - 6 strongly hispid bristles. — Borders of ponds and streams, South Carolina, and northward. ® — Culms £°-l\|° high. Spikes 3"- 5" long. 3. S. pungens, Vahl. Culms stout, acutely 3-angled, two of the sides concave, leafy at the base ; leaves channelled, sharply keeled ; involucre slender (3' -4' long); spikes 3-6, light brown, oblong; scales membranaceous, oval, 2-cleft, mucronate-awned, slightly ciliate ; anthers slender-pointed ; style 2-cleft ; nut round-obovate, plano-convex or lenticular, as long as the 3-5 hispid bristles. (S. Amcricanus, Pers.) — Sandy marshes along the coast, West Florida, and northward. June -Sept. — Culm 2° -3° high. Leaves 2-3, mostly shorter than the culm. Spikes 4" -6" long. 4. S. Olneyi, Gray. Culms stout, with three-winged angles, and three deeply channelled sides, leafless, or the sheaths ending in short pointed leaves ; invo- lucre short (£'-!' long) rigid; spikes 7-13, short, ovate, dark brown; scales 520 CYPERACE^E. (SEDGE FAMILY.) smooth, orbicular, 2-cleft, mucronate ; anthers obtuse ; style 2-cleft ; nut round- obovate, plano-convex, as long as the 6 hispid bristles. — Brackish marshes, AVest Florida, and northward. June - Sept. — Culms 26 - 4° high. Leaves 2' - 4' long. Spikes 2" long. •»- •- Spikes umbelkd. 5. S. lacustris, L. Culm tall (3° -8° high), terete, leafless, or the radical sheaths leafy-pointed ; involucre 1 -leaved, pungent, shorter than the decompound umbel ; spikes ovate or oblong, mostly clustered ; scales ovate, emarginate, rough- awned, ciliate on the margins, pubescent on the back and green keel ; style 2-cleft ; nut obovate, pointed, plano-convex, shorter than the 3-6 strongly hispid bristles. (S. validus, VahL) — Varies, with the broader keeled and fimbriate bristles rather shorter than the round-obovate nut. — Fresh or brackish marshes and ponds, Florida, and northward. July -Sept. 6. S. leptolepis. Culms 3-angled, leafy at the base (2° - 3° high) ; leaves long, sharply keeled, triangular-compressed near the obtuse curved apex, the immersed ones flat and pellucid; involucre slender (7' long), leaf-like, with shorter ones at the divisions of the compound umbel ; spikes single, oblong or cylindrical, many-flowered, acute ; scales light brown, lanceolate-oblong, acute, smooth, membranaceous, mucronate, and, like the three obtuse anthers, finely spotted; style 3-parted; nut whitish, 3-angled, oblong-obovate, long-pointed, shorter than the 5 slender and minutely denticulate bristles. (S. maritimus, var. cylindricus, Tom?) — Lakes and ponds, Middle Florida, and westward. Dr. Hale. September. § 2. Culms jointed, leafy throughout: umbel terminal: involucre 2- several-leaved, spreading. . Bristles hispid downward. 7. S. maritimus, L. Culm sharply 3-angled, rough above ; leaves longer than the culm, keeled ; umbel simple, 1 - 3-rayed, bearing single or 2 - 3 spikes in a cluster, or the spikes all clustered and sessile ; involucre 2 - 4-Ieaved, much longer than the umbel ; spikes large, ovate or oblong-ovate, dull brown ; scales thin, ovate, pubescent, tipped with a spreading awn ; nut round-obovate, plano- convex or lenticular, smooth and shining, twice the length of the 4 weak bristles. — Saline marshes, Florida, and northward. Aug. and Sept. — Culms 2° - 3° high. Spikes 6"- 10" long, 4" in diameter. 6. S. polyphyllus, Vahl. Culm obtuse-angled, smooth ; leaves long-, rough on the margins ; umbel decompound, spreading ; spikes small, 3 - 8 in a cluster, ovate, yellowish-brown ; scales ovate, mucronate, keeled ; bristles 6, slender, hispid near the summit, mostly tortuous, 2 — 3 times as long as the pale compressed-3-angled pointed nut. (S. exaltatus, Pursh.) — Shady swamps, North Carolina, and northward. July. — Culm 2° - 5° high. Spikes 1 n long. 9. S. divaricatUS, Ell. Culm round-angled, many-jointed; leaves flat, broadly linear ; umbel large, widely spreading or drooping, decompound, longer than the 3-leaved involucre ; spikes all single, oblong-linear, scattered ; scales ovate, obtuse, 3-nerved, brown on the sides ; bristles hair-like, rather roughened than hispid, crisped at^the summit, longer than the obovate pointed equal-sided CYPERACE^E. (SEDGE FAMILY.) 521 acute-angled nut. — Muddy banks of the Chipola River, and of Flat Creek, near Aspalaga, Florida, to South Carolina; not common. Aug. — Culm 2° -4° high, often proliferous at the joints. Umbel 6'- 12' long. Spikes 2"- 3" long. * * Bristles 6, capillary, smooth, crisped and entangled. (Trichophorum.) 10. S. Eriophorum, Michx. Culm nearly terete, with the joints remote ; leaves linear, elongated, keeled; umbel terminal, decompound, spreading or recurved, shorter than the 3 - 5-leavcd involucre ; spikes single or clustered, ovate ; scales thin, lanceolate, obtuse ; bristles many times longer than the oblong compressed-3-angled beak-pointed nut, at length cxsertcd, and covering the spike with woolly down. (Trichophorum cyperinum, Pers.) — Swamps and low grounds, Florida, and northward. July - Sept. — Culm 2° - 4° high. 11. S. lineatllS, Michx. Culm. 3-angled; leaves flat, linear-lanceolate; umbels lateral and terminal, longer than the 1 - 3-leavcd involucre ; spikes all single, cylindrical ; scales rigid, keeled, mucronate ; bristles barely exscrted ; nut as in the preceding. Swamps, Georgia, and northward. June - Aug. — Culm 2° - 3° high. Spikelets 3" - 4" long. 9. ERIOPHORUM, L. COTTON-GRASS. Spikes many-flowered. Scales imbricated in many rows. Perianth composed of numerous (rarely 6) smooth and flat hairs, much longer than the scale, and forming a woolly or silky tuft. Stamens commonly 3. Style 3-cleft, deciduous. Nut 3-angled or lenticular. — Perennials, with leafy culms, in our species, and clustered or umbelled spikes. 1. E. Virginicum, L. Culm nearly terete, rigid ; leaves narrowly linear, elongated ; spikes densely clustered, nearly sessile, erect ; involucre 2 - 3-leaved ; wool reddish, thrice the length of the brownish scales ; nut compressed-3-angled, acute. — Bogs and swamps, Florida, and northward. June - Aug. — Culm 2° - 3° high. Leaves 10' - 18' long. 2. E. polystachyon, L. Culm terete ; leaves broadly linear, 3-angled at the summit ; spikes umbelled, distinct, on slender at length nodding peduncles; involucre 2-leaved, shorter than the umbel ; wool white, many times longer than the dark brown scales ; nut obtuse. — Meadows and bogs in the upper districts, Georgia, and northward. Aug. and Sept. — Culm 1° - 2° high. Leaves 3' - 6' long. 10. FIMBRISTYLIS, Vahl. Spikes many-flowered. Scales imbricated in several rows. Perianth none. Stamens 1-3. Style 2-clcft, commonly flat and fringed on the margins, tumid at the base, deciduous. Nut lenticular. — Culms jointless, leafy at the base. Involucre 1 - several-leaved. Spikes terminal, umbellate or clustered. * Spikes umbelled. 1. F. spadicea, Vahl. Perennial; culms clustered, nearly terete, rigid (2° -3° high) ; leaves long, linear or filiform, concave, rough on the margins; umbel simple or compound, erect ; involucre 2 - 3-leaved ; spikes ovate or ob- 44* 522 CYPERACE^E. (SEDGE FAMILY.) long, dark brown ; scales smooth, rigid, rounded ; nut obovate, acute, slightly fu/rowed and pitted. (Scirpus castaneus, Mic^x. S. ferruginous, Eli.) — Salt marshes, Florida, and northward. Aug. - Oct. Var. puberula. (Scirpus pubcrulus, Michx.) Culms single, slender (1°- 2° high) ; leaves filiform, involute, and, like the spikes, densely pubescent and somewhat hoary ; nut round-obovate, obtuse. — Low pine barrens. 2. F. laxa, Vahl. Annual; culms (6' -18' high) slender, and, like the narrowly linear leaves, often pubescent ; umbel mostly simple ; involucre 2-4- leaved ; spikes oblong-ovate ; scales orbicular, mucronate ; nut obovate, strongly furrowed and pitted, warty on the edges. (Scirpus sulcatus, Ell.) — Low grounds, in fields and waste places, Florida to North Carolina. Aug. and Sept. — Umbel occasionally reduced to a single spike. * * Spikes clustered, sessile. 3. F. COngesta, Torr. Annual; culms densely tufted (3' -6' high), bris- tle-like, like the rough leaves ; spikes 5 - 10 in a terminal cluster, oblong or cylin- drical, pale, or at length yellowish brown ; involucre 4-leaved, erect-spreading, longer than the culm; scales lanceolate, tapering into a slender spreading point; nut oblong-obovate, crossed with faint lines. — Banks of the Apalachicola Kiver, Florida, and westward. Aug. and Sept. — Spikes 2" - 3" long. • 11. TRICHELOSTYLIS, Lestib. Spikes terete, many-flowered. Scales imbricated in few (4 - 8) rows. Peri- anth none. Style 3-cleft, tumid at the base, deciduous. Nut 3-angled. — Culms jointless, leafy at the base. Spikes umbelled. 1. T. autumnaliS. Culms slender, flat, 2-edged, 6' -12' high, tufted ; involucre 2-leaved, mostly shorter than the simple compound or decompound umbel ; spikes linear-lanceolate ; scales ovate-lanceolate, mucronate, imbricated in 4 rows ; stamens 2 ; nut white, obovate, obtuse, often warty. (Scirpus autum- nalis, L.) — Low grounds, Florida to Mississippi, and northward, very common. July - Oct. © 12. ISOLEPIS, E. Brown. Spikes few -many-flowered. Scales imbricated in few - several rows. Peri- anth none. Style 3-cleft, the tumid base persistent at the apex of the 3-angled nut. — All annuals (in our species), with filiform or bristle-form culms and leaves. Spikes umbelled or clustered. Leaves radical. * Spikes umbelled. (Scales pubescent.) 1. I. capillaris, K. & S. Culm (4' -6' high) smooth, furrowed, and, like the rough-edged leaves, bristle-like ; spikes 3 -4, in a simple umbel, oblong, 6-8- flowered ; scales oblong, obtuse, strongly keeled, brown on the sides, imbricated in 4 rows ; nut obovate, obtuse, nearly equal-sided, transversely wrinkled ; sta- mens 2. (Scirpus capillaris, L.) — Moist sandy places, Florida, and northward. June - Sept. — Sheaths of the leaves bearded at the throat. Involucre 2-3- leaved, scarcely longer than the umbel. CYPERACE^E. (SEDGE FAMILY.) 2. I. ciliatifolia, Torr. Culms tufted, filiform, angled (G'-12' high); leaves bristle-form, hispid on the edges, the sheaths bearded at the throat; um- bel compound; spikes several (l"-2" long), 6-12-flowered, linear-oblong; scales oval, strongly keeled, brown on the sides ; nut obovate, very obtuse, nearly equal-sided, obscurely wrinkled. (Scirpus ciiiatifolius, Ell.) — Dry sandy places, Florida to North Carolina. Aug. and Sept. 3. I. coarctata, Torr. Culms (1° high) terete, filiform ; leaves bristle- form, smooth, with the sheaths bearded ; umbel compound, contracted ; spikes (3" long) linear-oblong, 1 0 - 1 5-flowered ; scales ovate, acutish, imbricated in 4 rows ; nut flat on the inner face, obtuse-angled in front, obscurely dotted. ( Scir- pus coarctatus, Ell.) — Dry sandy soil, Georgia and South Carolina, near the coast. Sept. and Oct. — Rays of the umbel £f long. * * Spikes clustered in a terminal head. 4. I. stenophylla, Torr. Culms (2' -4' high) densely tufted, 3-angled, and, with the bristle-form leaves and involucre, bristly-ciliate ; involucre much longer than the head, 3 - 4-leaved, dilated and ciliate at the base ; spikes 4-6, oblong-linear, 8-10-flowered ; scales lance-ovate, slender-pointed, hispid on the 3-nerved keel ; nut (bluish) obovate, obtuse, wrinkled. (Scirpus stenophyllus, Ell.) — Dry sandy soil, Florida to North Carolina, Aug. and Sept. 5. I. Warei, Torr. Culms filiform (l°-l£° high), smooth, 3-angled, much longer than the bristle-form hispid leaves ; sheaths bearded at the throat with long silky hairs ; leaves of the involucre rigid, twice as long as the head, orbicular and cut-fringed at the base; spikes 8-10 in a head, ovate, many-flow- ered ; scales ovate, mucronate, many-nerved ; nut obovate, obtusely angled, obscurely wrinkled. — Dry sands near the coast, West Florida. Sept. — Heads £' in diameter. 13. ABILGAARDIA, Vahl. Spikes many-flowered. Scales imbricated in 2 or (by the twisting of the rachis) 3 rows, keeled, decurrent on the rachis, deciduous. Perianth none. Stamens 1-3. Style 3-cleft, tumid at the base, deciduous. Nut 3-angled. — Culms jointless, leafy at the base. Spikes solitary, clustered or umbelled. 1. A. monostachya, Vahl. Culms filiform, tufted (6' - 10' high) ; leaves shorter than the culm, filiform, obtuse, concave; spikes solitary (rarely by pairs), ovate, acute, compressed, 8- 12-flowered, much longer than the bract-like mu- cronate 1 -leaved involucre ; scales broadly ovate, acute or mucronate, compressed- keeled, with broad and white margins ; stamens 3 ; nut somewhat pear-shaped, 3-angled, warty, yellowish-white. — South Florida, Dr. Blodyett. 14. RHYNCHOSPORA, Vahl. BEAK-RUSH. Spikes 1 -several-flowered. Scales imbricated in few rows, the lowest empty, the upper usually bearing imperfect flowers. Perianth of 3 - 6 (rarely 12-20) hispid or plumose bristles, occasionally wanting. Stamens mostly 3. Stylo 2-cleft. Nut lenticular or globose, crowned with the dilated and persistent baso 524: CYPERACE^E. (SEDGE FAMILY.) of the style (tubcrcled). Perennials, with jointed and leafy culms. Spikes small, disposed in axillary and terminal corymbs or clusters. § 1. ERIOCHJETE. Bristles of the perianth 6, plumose. 1. R. plumosa, Ell. Culms (6' -12' high) and leaves filiform; spikes few, in about three small clusters at the summit of the culm ; nut nearly globu- lar, strongly wrinkled, pointed with the short ovate smooth tubercle ; bristles rather longer than the nut, plumose throughout or nearly to the summit. — Low pine barrens, Florida to North Carolina. June and July. Var intermedia. Culms taller (l°-2° high); leaves narrowly linear; clusters 4-6, forming an interrupted spike at the summit of the culm ; nut obo- vate, pointed with the conical-beaked pubescent tubercle ; bristles plumose only at the base, or below the middle. — Sandy pine barrens, often dry places, Elorida. 2. R. semiplumosa, Gray. Culms erect, rigid (l°-2° high); leaves narrowly linear ; spikes oblong-ovate, dark brown, crowded in a terminal head, or rarely in a remote axillary one ; nut globose-obovate, faintly wrinkled, pointed with the short broadly conical smooth tubercle ; bristles exceeding the tubercle, plumose below the middle. — Dry sandy ridges, near the coast, West Florida. July and Aug. — The leaves, like those of the preceding species, have a joint- like contraction near the middle. 3. R. oligantha, Gray. Culms (6' -12' high) and smooth leaves bristle- like, reclining ; corymb terminal, of 3 - 6 large (4" long) ovate-lanceolate whitish stalked spikes ; nut oval, lenticular, faintly wrinkled ; tubercle dilated at the base, conical, flat ; bristles longer or shorter than the nut, plumose below the middle. — Low open pine barrens, Florida to North Carolina. June and July. $ 2. RHYNCHOSPORA PROPER. Bristles of the perianth 3-20, smooth, scabrous, or hispid. * Nut transversely wrinkled or uneven : bristles denticulate or hispid upward. •t- Bristles shorter than the nut. 4. R. rariflora, Ell. Culms and leaves bristle-form; corymbs 2-3, re- mote, spreading ; spikes few and scattered, ovate ; nut broadly obovate, bicon- vex, strongly wrinkled, twice as long as the 6 fragile bristles ; tubercle flat, broadly conical, \| as long as the nut. — Low grassy pine barrens, Florida to North Carolina. June and July. — Culms 1°-1^0 long, commonly reclining. Spikes pedicelled. 5. R. Torreyana, Gray. Culms erect, slender, nearly terete ; leaves nar- rowly linear or bristle-form ; corymbs 1-3, remote, erect ; nut obovate, flat, about twice as long as the 6 bristles ; tubercle compressed-conical, dilated at the base, \| the length of the nut. — Wet ground, South Carolina, and northward. July. — Culm 1°- 3° high. Corymbs many-flowered and somewhat spreading, or few-flowered and capitate. 6. R. cymosa, Nutt. Culms (2° -3° high) 3-angled; leaves narrowly linear ; corymbs mostly 3, distant, open or contracted ; spikes ovate, clustered, light brown ; scales mucronate ; nut broadly obovate, biconvex, faintly wrinkled, twice as long as the 3-6 bristles ; tubercle broadly conical, compressed, £ as CYPERACEJ2. (SEDGE FAMILY.) 525 long as the nut. — Var. OLOBULARIS. Smaller (6' -15' high) ; corymbs reduced to few globose-ovate dark brown clustered spikes ; nuts smaller, and deeper fur- rowed. — Low ground, Florida, and northward. June and July. 7. R. compressa, Carey. Culms stout, 3-angled (2° -3° high) ; leaves lin- ear, rigid ; corymbs 3 -- 5, remote, spreading ; spikes ovate, numerous, in dense bracted clusters ; scales acute ; nut obovate ; the flat or somewhat depressed sides strongly wrinkled and pitted, twice as long as the 6 bristles ; tubercle conical-beaked, with the dilated base wider than the nut. — Margins of pine- barren ponds, "West Florida. June and July. — Radical leaves numerous, 1° long. •i- •»- Bristles equalling or longer than the nut (in No. 9 variable). 8. R. stenophylla, n. sp. Culms and leaves setaceous; corymbs 1-2, small, erect ; spikes 5-7, distinct, lanceolate-oblong ; nut obovate, biconvex, strongly wrinkled, twice as long as the conical-beaked tubercle ; bristles 6, slen- der, nearly as long as the nut and tubercle. — Low grassy pine barrens, Apala- chicola. June and July. — Culms tufted, 1° long. 9. R. microcarpa, Baldw. Culms (2° high) erect, slender, nearly terete ; leaves narrowly linear ; corymbs 4-6, slender, spreading, compound ; spikes small, round-ovate, scattered ; nut round-obovate, lenticular, strongly wrinkled, tipped with the very short and broad tubercle ; bristles 5-6, as long as the nut. — Varies with the spikes clustered, and the 3 bristles not half the length of the nut. — Margins of ponds, Florida to North Carolina. July and Aug. 10. R. inexpansa, Vahl. Culms nearly terete, slender (2° -3° high) ; leaves narrowly linear ; corymbs 4-5, narrow, remote, compound, drooping ; spikes scattered, lanceolate ; nut lanceolate-oblong, compressed, twice as long as the conical-beaked tubercle ; bristles 6, very slender, twice the length of the nut. — Swamps and banks of streams, Georgia, and northward. July and Aug. 11. R-. decurrens, n. sp. Culms (2° -3° high) erect, nearly terete, very slender and bending near the top ; leaves linear, elongated, flat and somewhat glaucous ; corymbs 5-6, remote, compound, the bristle-like branches spreading or drooping; spikes (1" long) ovate, scattered, pedicelled ; nut obovate, lentic- ular, slightly wrinkled and pitted ; tubercle compressed, crescent-shaped, with the edges decurrent, £ the length of the nut ; bristles 6, as long as the nut. — Marshy banks of lakes and rivers, West Florida. June and July. 12. R. patllla, Gray. Culms 3-angled (2° -3° high), slender above; leaves linear ; corymbs 3-5, remote, compound, widely spreading ; spikes scattered, ovate, on slender stalks ; nut round-obovate, lenticular ; tubercle flat, conical, half the length of the nut, ciliate on the edges ; bristles 6, rather longer than the nut. — Varies with the spikes lanceolate, the narrower nut contracted at the base, and the bristles twice the length of the nut. — Banks of pine-barren streams, Florida and Georgia. June and July. 13. R. Elliottii, Dietr. Culm (2° -3° high) 3-angled; leaves linear (!"- 2" wide) ; corymbs 3-5, compound, the lower ones remote; spikes small, ovate, crowded ; nut obovate, flattened, strongly wrinkled ; tubercle broadly conical, flat, £ as long as the nut; bristles 6, strongly hispid, as long as the nut and 526 CYPERACEJ2, (SEDGE FAMILY.) tubercle. (R. multiflora, Gray. Scirpus schoenoides, Ell.) — Margins of ponds in the pine barrens, Georgia, Florida, and westward. June and July. — Nuts £" long, several on a spike. 14. R. caduca, Ell. Culms stout (3° -4° high), 3-angled; leaves broadly linear (3" -4" wide) ; corymbs 4-6, compound, remote, the branches and short pedicels erect ; spikes very numerous, approximate, ovate ; scales caducous ; nuts 4 - 8 on the spike, obovate, biconvex, faintly wrinkled ; tubercle flat, con- ical, ciliate, J as long as the nut ; bristles 6, slender twice as long as the nut. — Swamps and wet banks of Streams, Florida to North Carolina. Aug. — Spikes 2" long. Nut twice as large as in No. 13. 15. R. miliacea, Gray. Culms tall (3°-4° high), 3-angled ; leaves flat (3"- 4" wide) ; corymbs 6-8, distant, compound ; the branches and slender pedicels spreading horizontally ; spikes ovate ; scales caducous ; nuts 4 - 8 on the spike, round-obovate, biconvex ; tubercle compressed, conical ; bristles 6, slender, as long as the nut and tubercle. (R. sparsa, Ell.) — Bogs and deep miry places, Florida to North Carolina. June and July. — The nuts of this and the preced- ing species remain on the spike after the scales have fallen away. 16. R. punctata, Ell. Culms (l°-2° high) slender, 3-angled; leaves short, linear-lanceolate ; corymbs 3-4, cluster-like, the lateral ones simple, dis- tant, and long-peduncled ; spikes ovate ; nut obovate, compressed, with transverse pitted furrows, rather shorter than the 6 slightly hispid bristles ; tubercle conical, compressed, shorter than the nut. — Near Savannah and St. Mary's, Georgia, Elliott. May and June. 17. R. Grayii, Kunth. Culm solitary, 3-angled (2° -3° high); leaves lin- ear, rigid, shining; corymbs 3-4, distant, capitate; spikes few, large, ovate; nut round-obovate, tumid, slightly pitted, dull ; tubercle short-conical, dilated at the base; bristles 6, as long as the nut and tubercle; stamens 3-6. (R. distans, Ell. R. Elliottii, Gray.) — Dry pine barrens, Florida to North Carolina. June and July. * * Nut smooth and even : bristles hispid upward. 18. R. megalocarpa, Gray. Culms stout (2° -3° high), 3-angled; leaves rigid, linear, shining ; corymbs 4-6, distant, spreading or somewhat contract- ed; spikes (3" long) ovate, single; nut large (2" long), orbicular-obovate, biconvex, light brown, turning blackish ; tubercle short-conical from a spreading base; bristles 6-10, commonly shorter than the nut; stamens 12. (R. dode- candra, Baldw.) — Dry sands along the coast of West and East Florida, and Wilmington, North Carolina. May -Aug. 19. R. Baldwin!!, Gray. Culms (2° -3° high) sharply 3-angled, rough ; leaves short, glaucous, smooth, very acute ; corymbs 1-3, contracted or nearly capitate ; spikes ovate, dark chestnut ; nut ovate, lenticular, twice as long as the flat conical tubercle; bristles 12-14, longer than the nut; stamens 6. — Wet pine barrens, Georgia and Florida. June and July. 20. R. ciliata, Vahl. Culms blunt-angled (1° - 2° high) ; leaves short, glau- cous, linear-lanceolate, obtuse, fringed on the margins ; corymbs mostly solitary, capitate ; spikes light brown, ovate ; nut oval, lenticular, minutely roughened ; CYPERACE^:. (SEDGE FAMILY.) 527 tubercle flat, conical ; bristles 6, $ the length of the nut ; stamens 3. — Wet pine barrens, Florida to North Carolina. June -Aug. — Leaves 2'- 4' long. Lat- eral corymb (when present) remote. 21. R. fascicularis, Nutt. Culms obscurely 3-angled, commonly slender, (2° -3° high) ; leaves pale, narrowly linear; corymbs 2-3, distant, capitate, or sometimes compound ; bracts conspicuous ; spikes light brown, oblong-ovate, densely clustered; scales mucronate-awned ; nut oval or orbicular, lenticular, dark brown, usually pale in the middle and on the prominent edges ; tubercle white, broadly or narrowly conical, obtuse, compressed, J - £ the length of the nut ; bristles 4-6, varying from one half to nearly twice the length of the nut. — Low pine barrens, Florida to North Carolina. June and July. Var. distans. ( R. distans, Nutt. ) Every way smaller ; culms (6' - 1 8' high) erect ; corymbs capitate, by pairs at the summit of the culm, and often with a third rather distant lateral one ; spikes ovate ; bristles 6, as long as the nut, rarely twice as long. — Low pine barrens, Florida to North Carolina. Aug. and Sept. Var. trichoides. Culms (6' - 12' long) prostrate, and, like the leaves, bristle- form ; corymb solitary, capitate ; spikes few ; nut orbicular, three times as long as the 3 -6 bristles. — Open pine barrens, West Florida. 22. B. filifolia, Gray. Culms (l°-2° high) filiform, erect ; leaves seta- ceous; corymbs 2 -4, distant, capitate; spikes densely clustered, lanceolate ; nut minute, obovate, lenticular, smooth and shining, twice as long as the compressed triangular-ovate ciliate tubercle ; bristles 6, rigid, nearly as long as the nut and tubercle. — Margins of pine-barren ponds, Florida to North Carolina. July and Aug. — Culm nearly terete. Spikes brown. Nut pale, with thickened edges. 23. R. pallida, M. A. Curtis. Culms rigid, acutely 3-angled, glaucous- green, rough above; leaves erect, ciliate-serrulate ; corymb terminal, capitate, compact; spikes very pale-ferruginous, lanceolate, 1 -flowered 5 nut obovate, smooth, compressed, reddish brown, with a paler disk ; tubercle very short, de- pressed, apiculate ; bristles 3, one fifth the length of the nut ; stamens 3 ; style 2-clcft. — Wilmington, North Carolina. Curtis. June. — Culm 12' -20' high. Nut 1" long. # # * 2Virt smooth and even : bristles hispid dowmcard. 24. R. alba, Vahl, Culms (1°- 2° high) slender, 3-angled above; leaves narrowly linear or setaceous ; corymbs mostly 2, capitate, white, turning brownish, the lower one long-ped uncled ; spikes ovate-lanceolate, 1 -flowered; nut obovate, lenticular, twice as long as the compressed subulate tubercle; bristles 10-20, rigid, as long as the nut and tubercle, ciliate at the tfase. — Wet springy places, Florida, and northward. Aug. and Sept. 25. R. gracilenta, Gray. Culms and leaves filiform or setaceous ; cor- ymbs 2-3, distant, capitate, brown; spikes densely clustered, ovate-lanceolate; nut oval, dull, as long as the slender subulate tubercle ; bristles 6, twice as long as the nut. — Wet pine barrens, Florida, and northward. July and Aug. — Culms 1° - 2° high. 26 R. glomerata, Vahl. Culms (2° -3° high) 3-angled; leaves narrowly linear; corymbs 4-12, often by pairs, capitate, dark brown; spikes ovate-lanceo- 528 CYPERACEJE. (SEDGE FAMILY.) late ; nut obovate from a stalk-like base, lenticular ; tubercle subulate, as long as the nut, with its dilated base equalling it in width ; bristles 6, stout, nearly as long as the nut and tubercle. — Var. PANICULATA. (R. paniculata, Gray.) Culms stout (3° -4° high) ; leaves flat (2" -3" wide) ; corymbs compound, paniculate, with the very numerous spikes clustered at the summit of the branches. — Bogs and springy places, Florida to North Carolina, and westward. July - Sept. 27. K. cephalantha, Gray. Culms (2° -3° higli) nearly terete ; leaves nar- rowly linear; corymbs 4 - 8, mostly by pairs, globose, compact; spikes numer- ous, lanceolate-oblong, dark brown ; nut broadly obovate from a stalk-like base, compressed, almost truncate at the apex, and much wider than the base of the subulate tubercle ; bristles 6, as long as the nut and tubercle. — Bogs and shady swamps, Florida, and northward. July and Aug. § 3. HALOSCHCENUS. Perianth none. 28. B. pusilla, n. sp. Culms (6' - 12' high) and leaves bristle-form ; corymbs 2-3, distant, erect-spreading, the upper one compound; spikes minute, ovate, mostly scattered on the branches, 3-flowered ; scales ovate, brown ; nut white, oblong-obovate, compressed-lenticular, contracted at the base, transversely wrinkled ; tubercle depressed-conical, free at the base. — Margins of pine-barren ponds, Middle and West Florida. June. 29. R. diver gens, n. sp. Culms (6'- 12' high) and leaves filiform or bristle- form; corymbs 2-3, distant, spreading; spikes small, scattered, pcdicelled, 3- flowered; scales brown, ovate; nut obovate, biconvex, minutely pitted ; tubercle depressed, sessile, minutely pointed in the centre. — Low pine barrens, Florida to South Carolina. June. 30. H. Chapmanii, M. A. Curtis. Culms (12' -20' high) densely tufted, erect, setaceous or filiform, like the short and flat leaves ; corymb solitary, terminal, capitate ; spikes whitish, lanceolate, densely clustered, 1 -flowered ; scales 5, the uppermost fertile ; nut oval, lenticular, smooth and shining ; tubercle short, ses- sile, broadly conical ; stamens 1-2. — Flat pine barrens, Florida to South Caro- lina. July and Aug. 15. CEBATOSCHCENUS, Nees. HORNED-RUSH. Spikes few-flowered. Scales loosely imbricated, the lower ones empty, the upper with staminate or abortive flowers. Perianth of 4-6 bristles, which are dilated and connate at the base. Stamens 3. Style elongated, entire or slightly 2-cleft at the apex. Nut compressed, crowned with the persistent and hispid lower half of the style. — Perennials. Culms jointed, leafy. Spikes scattered in an open corymb, or clustered in a globose head. 1. C. COrniculatUS, Nees. Culms stout (3° -4° high), 3-angled; leaves flat, scabrous on the edges (6"- 10" wide) ; corymbs 3-5, erect, compound ; spikes brown, ovate-lanceolate ; style very long, the lower and persistent portion up- wardly scabrous ; nut narrowly obovate, smooth, the sides concave and minutely dotted ; bristles 5 - 6, rigid, smoothish, half as long as the nut ; tubercle subulate, 3-4 times the length of the nut. (Rhynchospora longirostris, Ell.) — Ponds CYPERACE^E. (SEDGE FAMILY.) 529 and ditches, Florida, and northward. July - Sept. — Leaves 1° - 2° long. Nut and tubercle nearly 1 ' long. 2. C. macrostachyus, Gray, var. patulus. Corymbs very large, decompound, diffuse ; style minutely 2-cleft ; nut broadly obovate ; bristles slen- der, twice as long as the nut ; otherwise like No. 1. — Ponds and ditches, Florida, and northward. August. — Culms 3° -4° high. Terminal corymbs often 1° in diameter. 3. C. capitatUS, n. sp. Culms (2° -3° high) nearly terete, straight, like the long narrow erect and channelled leaves ; spikes densely clustered in 1 - 6 globular heads, the lateral heads long peduncled and somewhat corymbose; scales about 9 (the fourth fertile), whitish; style very long, minutely 2-cleft ; nut obovate, lenticular, obscurely wrinkled, hispid on the margins above, shorter than the 6 slender bristles ; tubercle bristle-awl-shaped, twice as long as the nut. — Pine-barren ponds, Middle and West Florida. June - Aug. — Leaves 2" - 4" wide, as long as the culm. Head composed of 30 or more spikes. Nut and tubercle 3" long. 16. CILEITOSPORA, R. Brown. Spikes few- (1 -8-) flowered. Scales imbricated in two rows; the lower ones empty, the upper bearing perfect flowers. Perianth of 3 - 6 scabrous or plumose bristles. Stamens 3. Style 3-cleft, not dilated at the base, nearly deciduous. Nut triangular, mostly pointed by the persistent base of the style. — Leaves radical, narrow. Spikes in a terminal cluster, subtended by a 1 - 2-leaved in- volucre. 1- C. nigricans, Kunth. Culms tufted, erect, slightly compressed, smooth and rigid, jointed near the summit ; leaves rigid, erect, semi-terete, rough on the margins, shorter than the culms ; sheaths black ; involucre 2-leaved, the lowest longer than the ovoid dark brown head; spikes ovate-lanceolate, compressed, 6 - 8-flowered ; scales ovate, compressed-keeled, the lowest mucronate ; rachis zigzag; bristles 6, unequal, compressed, dilated at the base, hispid upward, longer than the globose-3-angled white and polished nut. (Schcenus nigricans, L.) — Damp soil, near Marianna, West Florida, and salt marshes, near St. Mark, Middle Florida. May. 1J.— Culms 1°- l£° high. Although differing in some particulars, the Florida plant is probably not distinct from that of the eastern hemisphere. 17. PSILOCARYA, Torr. Spikes many-flowered, terete. Scales imbricated in several rows, membrana- ceous, all bearing perfect flowers. Perianth none. Stamens 2. Style 2-cleft. Nut biconvex, transversely wrinkled, crowned with the persistent base of the style. — Culms leafy. Spikes ovate, disposed in spreading lateral and terminal corymbs. 1. P. rhynchosporoides, Torr. Culms nearly terete (£°-2° high); leaves narrowly linear, longer than the culm ; corymbs 2-3, widely spreading, the terminal one mostly compound ; spikes pedicelled ; scales ovate, acute ; nut 45 530 CYPEEACE^E. (SEDGE FAMILY.) orbicular, strongly wrinkled ; tubercle compressed, very short, sessile, but not decurrent on the edges of the nut. (Scirpus nitens, Vahl.) — Shallow pine- barren ponds, Florida to North Carolina. July. © — Culms commonly root- ing at the lower joints. P. SCIRPOIDES, Torr., if within our limits, may be known by its nearly smooth nut, and slender beak-like decurrent tubercle. 18. DICHBOMENA, Eichard. Spikes compressed, few-flowered, aggregated in a terminal head, and sur- rounded by an involucre of several leaves, which are commonly white at the base. Scales imbricated in few rows, most of them bearing abortive flowers. Stamens 3. Style 2-cleft. Nut lenticular, crowned with the broad and persist- ent base of the style. Perianth none. Perennials. Culms jointless, leafy at the base. Scales white, membranaceous. 1. D. leucocephala, Michx. Culms (l°-l£° high) slender, 3-angled ; leaves narrowly linear ; involucre of 4 - 7 narrow leaves ; nut orbicular, wrinkled ; tubercle flat, broadly conical, sessile, but not decurrent. — Damp soil, Florida to North Carolina. Aug. and Sept. — Involucre unchanged in drying. 2. D. latifolia, Baldw. Culms stout (2° -3° high), nearly terete; leaves broadly linear, elongated ; leaves of the involucre 8-9, tapering from the broad (3" -4" wide) base to the slender summit, becoming reddish ; nut round-obovate, faintly wrinkled ; tubercle flat, conical, obtuse, the sides decurrent on the edges of the nut. — Low pine barrens, Florida to North Carolina. May - July. — Heads larger than those of the preceding. 19. CLADIUM, Browne. Spikes ovate, 1 - 2-flowered. Scales loosely imbricated, the lower ones empty. Perianth none. Stamens 2. Style 2 - 3-cleft, the divisions often 2 - 3-cleft, de- ciduous. Nut globose-ovate, the pericarp thickened and corky near the apex. Tubercle none. — Culms tall. Spikes disposed in axillary and terminal cyme- like panicles. 1. C. efifusum, Torr. (SAW-GRASS.) Culms (4°- 8° high) nearly terete; leaves linear, elongated, saw-edged ; panicles numerous, diffuse ; spikes small, 3 - 4 in a cluster, deep brown ; scales about 6, the uppermost bearing a perfect flower, the next below staminiferous, the others empty ; nut ovate, pointed, wrinkled. (Schoenus effusus, Swartz.) — Fresh or brackish marshes along the coast, Florida to North Carolina, and westward. July and Aug. 20. SCLERIA, L. NUT-RUSH. Flowers monoecious. Sterile spike few - many-flowered.^ Scales loosely im- bricated in 2 - 3 rows. Fertile flowers solitary, separate or at the base of the sterile spike. Stamens 1-3. Style 3-cleft. Nut globose or ovate, stony or bony. — Chiefly perennials, with creeping rootstocks, and triangular leafy culms. Spikes clustered, lateral and terminal. CYPERACE^E. (SEDGE FAMILY.) 531 § 1. SCLERIA PROPER. Nut supported by an annular or 3- 6-lobed disk. * Nut smooth : stamens 3. 1. S. triglomerata, Michx. Culms stout, rough, sharply angled (2° -3° high); leaves broadly linear, smooth or hairy ; spikes disposed in 3 - 6 clusters at the summit of the culm, and 1-2 distant lateral ones on long and drooping peduncles ; disk forming a complete narrow ring at the base of the globose- ovate yellowish white nut. — Low grounds, Florida, and northward. June- August. 2. S. oligantha, Ell., Michx.? Culms (l°-2° high) slender, smooth, sharply angled, often glaucous, like the smooth linear leaves ; spikes 3-5, sin- gle, scattered, forming a terminal interrupted compound spike, and 1-2 distant lateral ones, on long drooping peduncles ; bracts leafy ; disk of 9 minute globular lobes at the base of the white and polished ovate nut. — Thickets and margins of fields, Florida to South Carolina. July. * * Nut reticulated: disk of 3 flattened lobes : stamens 2. 3. S. reticularis, Michx. Culms slender (1° - 1£° high), scabrous below ; leaves narrowly linear ; spikes clustered, axillary and terminal, the lateral ones on a short erect peduncle ; nut globose, small, reticulated and pitted ; lobes of the disk appressed to the base of the nut. — Margins of ponds, Florida, and north- ward. Aug. and Sept. 4. S. laxa, Torr. Culms weak, rough on the angles j leaves linear, obtuse ; spikes separate, the axillary ones on a long and drooping peduncle ; nut globose, wrinkled and somewhat hairy, obscurely pitted ; lobes of the disk appressed to the nut. (S. reticularis, Ell.) — Damp pine barrens, Florida, and northward. Aug. - Oct. — Culms 1° - 1£° long. Nut l£" - 2" in diameter. * =* * Nut warty : disk bearing 3-6 globular lobes : stamens 3. 5. S. ciliata, Michx. Culms slender, rigid (l£°- 2° high), smooth below, sparingly fringed on the angles above ; leaves 2, narrowly linear (1" wide), rigid, smooth, or with scattered hairs on the margins ; sheaths pubescent ; clusters ter- minal ; sterile spikes large, many-flowered ; nut globose, pointed, closely beset with unequal warts, these corresponding to the angles of the nut and at the base larger than the rest ; lobes of the disk 3, globular, entire. — Dry pine bar- rens. Florida to South Carolina. June - Aug. — Rhizoma thick and creeping. 6. S. Elliottii. Culms stout (£°-l0 high), densely rough-fringed on the angles throughout ; leaves 3-4, broadly linear (2" -3" wide), closely fringed on the margins and midrib beneath ; sheaths pubescent ; clusters 2, the lateral one remote, on a short erect peduncle ; sterile spike small, few-flowered ; nut globose, deeply wrinkled or pitted, and with slender warty projections at the base ; lobes of the disk 3, globose, 2-lobed. (S. hirtella, Ell, Michx. ? not of Swartz.) — Low pine barrens, Florida to North Carolina. July. 7. S. paucifiora, Muhl. Smoothish or hairy or villous throughout; culms (6'- 12' high) slender; leaves narrowly linear; clusters small, of 1 -few spikes, terminal, and also a remote axillary one on a short erect peduncle ; ster- ile spike few-flowered ; nut globose (small), pointed, closely beset with minute 532 CYPERACE^E. (SEDGE FAMILY.) warts, those at the base elongated ; lobes of the disk 6, distinct, globose. (S. Caroliniana, Willd., the villous form.) Var. glabra. Smooth throughout, or the leaves and bracts scabrous at the summit; culms erect (1° high), rigid, but slender, like the erect leaves ; clusters terminal ; spikes many-flowered ; lobes of the disk 3, each 2-lobcd. This also varies, with longer (2° -2^°) diffuse culms, and with 1-2 distant axillary clus- ters on long (5' -10') drooping peduncles. — Low sandy pine barrens, Florida, and northward ; the varieties chiefly southward. May - Aug. § 2. HYPOPOKUM. Disk none : nut concave and often pitted at the sides of the triangular base. * Clusters of spikes terminal, leafy-bracted. 8. S. Baldwin!!, Torr. Culms rough above (2°- 3° high) ; leaves mostly 2, linear, rigid ; nut large (2" long) dull white, globose-ovate, obscurely angled, longitudinally furrowed, concave at the sides of the abruptly contracted base, slightly pointed. — Pine-barren swamps, Florida and Georgia, near the coast. June and July. 9. S. gracilis, Ell. Culms slender (1° high), smooth, like the filiform leaves ; nut small (1" long), ovate, dull white, furrowed lengthwise, the sides at the base concave and pitted. — Low pine barrens, Florida to South Carolina. June and July, — Plant brownish, tufted. * * Clusters of spikes (small) numerous, scattered near the summit of the culm, form- ing an interrupted compound spike : bracts mostly short. 10. S. filiformis, Swartz. Glaucous; culms slender (l£°-2° high), smooth ; leaves narrowly linear, rough on the margins and keel, ciliate at the throat ; clusters 3-4, erect, few-flowered, the lowest remote, leafy-bracted ; scales lanceolate, rough-pointed; stamens 3; nut obovate, obscurely 3-angled, smooth and glassy, concave at the base, not pitted. — South Florida. Oct. 11. S. verticillata, Muhl. Culms very slender (6' -12' high), smooth, like the narrowly linear or filiform leaves and sheaths; clusters 3-5, erect; scales smooth ; nut very small, globose-3-angled, pointed, rough with raised wavy ridges, not pitted at the base. — Varies with hairy sheaths, more numer- ous (6 - 9) clusters, and reticulated nuts. — Damp soil, Florida, and northward. June and July. 12. S. Michauxii. Culms (6'- 12' high) smooth; leaves linear, and, like the sheaths, hairy ; clusters 4 -6, nodding; scales bristle-awned ; nut globose- 3-angled, very minute, pointed, smooth, not pitted at the base. (S. interrupta, Michx., not of Richard.) — Low pine barrens, Florida to South Carolina. July and Aug. 21. CABEX, L. SEDGE. Flowers monoecious, rarely dioecious, spiked. Sterile and fertile flowers in the same spike (androgynous), or in separate spikes. Scales imbricated in few- many rows. Stamens 2-3. Style 2 - 3-cleft, exserted from a sac (perigynium ) which encloses the ovary and the lenticular biconvex or 3-angled nut. — Peren- CYPERACE^E. (SEDGE FAMILY.) 533 nials, with grass-like leaves. Spikes from the axils of scale-like or leaf-like bracts, simple or compound. § 1. VIGNEA. Stigmas two: nut lenticular, or more or less compressed. A. Spikes bearing loth sterile and fertile flowers. * Spikes with the sterile and fertile flowers variously disposed. 1. C. bromoides, Schk. Spikes 4-6, distinct, oblong-lanceolate, com- pressed ; perigynia lanceolate, erect, finely nerved, ending in a long flat rough- margined 2-cleft beak, longer than the ovate-lanceolate mucronate scale. — Swamps and bogs, Florida, and northward. March and April. — Culms tufted, weak and slender, 1° - 1^° high. Leaves narrowly linear. Spikes occasionally wholly sterile or fertile. Perigynia somewhat 2-ranked. * * Spikes with the upper flowers sterile, the lower fertile. •t- Spikes indefinite, disposed in a close panicle. •-• Perigynia sessile. 2. C. decomposita, Muhl. Panicle long, drooping, the upper spike-like branches densely clustered, the lower elongated, distinct, and spreading ; perigy- nia obovate, biconvex, nerved, abruptly short-beaked, about the length of the ovate pointed white-margined scale. — Wet margins of ponds and streams, Florida, and northward. May. — Culms erect, stout, 2° - 3° high. Panicle 4'- 6' long. Bracts of the lower spikes bristle-form. Perigynia dark brown at maturity. 3. C. vulpinoidea, Michx. Panicle spike-like, erect; clusters of spikes 8-12, short, oval, the upper ones densely crowded ; perigynia small, ovate, compressed, short-beaked, 2-cleft at the orifice, faintly nerved at the broad base ; scales yellowish, mucronate. (C. multiflora, Muhl.) — Swamps, South CaroT lina, and northward. May. — Culms l£° - 2° high. Panicle 2' - 3' long, cylin- drical. Bracts of the lower spikes setaceous or leaf-like, often exceeding the panicle. Perigynia yellowish at maturity. •w- +•• Perigynia short-stalked, truncate at the base. 4. C. crus-COrvi, Shuttleworth. Panicle very large, the lower branches long and distinct, the upper short and crowded ; perigynia plano-convex, ovate, strongly nerved, dilated at the base, tapering into a long and slender rough-edged deeply 2-cleft beak, thrice the length of the ovate mucronate scale. — River- swamps, West Florida, and westward. May. — Culms thick and spongy, sharp- angled, and, like the broad (\|'- \|' wide) leaves, glaucous. Panicle 4'- 9' long, oblong or spike-like. Perigynia widely spreading, brown at maturity. 5. C. stipata, Muhl. Panicle oblong; the short ovate branches densely clustered ; perigynia ovate-lanceolate, strongly nerved, tapering into a stout rough-edged erect-spreading 2-cleft beak, 2-3 times the length of the scale. — Swamps, Florida to Mississippi, and northward. April and May. — Plant yel- lowish. Culms 1°- 2° high, sharp-angled, thick and spongy. Leaves 4" -9" broad. 45 534 CYPERACE^:. (SEDGE FAMILY.) •+- H— Spikes 4 — 10, disposed in a simple spike or head, or (in No. 6) the lowest ones compound. 6. C. sparganioides, Muhl. Spikes 6-10, ovoid, the upper ones crowd- ed, the lower scattered and often compound ; perigynia flattened, ovate, acute at the base, narrowly margined, nerveless, spreading, with a short and rough 2-cleft beak, twice as long as the thin ovate scale. — Upper districts of Georgia, and northward. — Culms stout, 2° high. Leaves broadly linear, as long as the culm. Common spike 2' - 4' long. Perigynia yellowish, 7. C. Muhlenbergii, Schkr. Spikes 5-8, ovoid, approximate, or crowd- ed in an oblong head ; perigynia round-ovate, plano-convex, strongly nerved, with a short and broad rough-edged 2-cleft beak, barely longer than the ovate short-pointed scale. — Dry sterile soil, South Carolina, and northward. — Culms 12'- 18' high, rigid, rough above, twice as long as the narrow leaves. Head or spike 1' long. Bracts bristle-form, longer than the spikes. 8. C. cephalopliora, Muhl. Spikes 5-6, small, crowded in a compact ovoid head ; perigynia broadly ovate, few-nerved, short and rough-beaked, as long as the ovate long-pointed scale. — Dry soil, Florida, and northward. — Culms 9-'- 15' high, naked above, rough on the angles, tough and wiry. Leaves nar- row. Head £' long. Bracts bristle-like. 9. C. rosea, Schk. Spikes 4 -6, 8- 10-flowered, the two upper ones ap- proximate, the others scattered , perigynia oblong, plano-convex, rough-beaked, spreading at maturity, twice as long as the broadly ovate obtuse or short-mucronate scale. (C. radiata, Dew., a form with more slender culms, and 3 - 4-flowered spikes.) — Upper districts, Georgia, and northward. — Culms 1° high, smooth, longer than the narrow leaves. Common spike 2' - 3' long. Bract of the lowest spike commonly exceeding the culm. 10. C. retroflexa, Muhl. Spikes 4-5, crowded, or the lower ones dis- tinct, ovoid, the lowest short-bracted ; perigynia ovate-lanceolate, smooth-beaked, 2-cleft, at length widely spreading or reflexed, barely longer than the ovate long- pointed scale. — Open woods, Florida, and northward. — Culms slender, 1° high, rough-angled above. Leaves narrow, shorter than the culm. Common spike about 1' long. * * * Spikes with the lower flowers sterile, the upper fertile. .11. C. stellulata, Good. Spikes 3-5, obovoid, distinct, the uppermost club-shaped at the base ; perigynia ovate, rounded at the base, tapering into a short and rough 2-cleft beak, finely nerved, spreading and finally recurved, rather longer than the ovate pointed scale. (C. scirpoides, Schk.) — Shady river-swamps, Florida, and northward. — Culms 6' -12' high, weak. Leaves narrow and tender. Spikes small. Var. sterilis. Sterile and fertile spikes on separate culms, or some of them either sterile or fertile on the same culm, otherwise like the preceding, and grow- ing in similar places. (C. sterilis, Willd.) Var. conferta. Culms taller (2° high) and stouter ; spikes larger and more crowded; perigynia round-ovate, twice as long as the broadly ovate barely pointed scale. — Pine-barren swamps. CYPERACE^E. (SEDGE FAMILY.) 535 12. C. canescens, L., var. vitilis, Carey. Spikes 5-7, small, scat- tered, roundish, 6 - 10-flowered ; perigynia ovate, plano-convex, short and rough- beaked, spreading and tawny at maturity, rather longer than the ovate acute white scale. (C. sphaerostachya, Dew.) — High mountains of North Carolina, and northward. — Culms weak and slender, 10'- 15' high, longer than the nar- row and tender leaves. 13. C. SCOparia, Schk. Spikes 6-8, approximate, ovate or oblong, many- flowered ; perigynia oblong-lanceolate, narrowly margined, acute at the base, ta- pering into a long 2-cleft rough beak, longer than the ovate-lanceolate pointed scale, turning light brown at maturity. — Swamps, South Carolina, and north- ward. — Culms l°-2° high, rough above, longer than the narrow leaves. Var. lagopodioides. Spikes 10-15, obovoid; perigynia lanceolate, re- maining pale green at maturity, nearly twice as long as the rather obtuse scale. (C. lagopodioides, Schk.) — Mountains of North Carolina, and northward. — Culms commonly taller than the preceding. 14. C. straminea, Schk. Spikes 3-6, distinct, ovoid; perigynia ovate or round-ovate, broadly winged, abruptly narrowed into a short 2-cleft beak, somewhat tawny and spreading at maturity, longer than the ovate -lanceolate scale. Var. festucacea. Spikes 6-8, pale, obovoid or somewhat club-shaped, scattered ; perigynia ovate, less broadly margined, tapering into a more slender beak, erect and pale green at maturity. (C. festucacea, Schk. C. foenea, 7W., Sf-c., a form with more rigid culms, and more crowded and glaucous spikes.) — Swamps, very common. — Culms 1° - 2° high. Leaves narrowly linear, shorter than the culm. 15. C. foenea, Muhl. Spikes 6-10, large (6" -8" long), ovoid, approxi- mate ; perigynia flat, broadly obovate, wing-margined, abruptly contracted into a very short beak, longer than the lanceolate scale; nut oval, stalked. (C. alata, Torr.) — Marshes, Florida to North Carolina. — Culms 2°- 3° high, leafy below the middle. Spikes brownish at maturity. Perigynia 2£" long. B. Terminal spikes sterile: the others fertile or with few sterile flowers at the summit: perigynia beakless. * Scales aumless, black or brown : bracts scarcely exceeding the culm : leaves narrowly linear, glaucous. 16. C. torta, Boott Sterile spike solitary, peduncled ; fertile spikes mostly 3, linear-club-shaped, loosely flowered below, spreading, the lowest peduncled ; perigynia elliptical, tapering and at length spreading or recurved at the apex, nerveless or nearly so, as long as the oblong black scale ; culms smooth (1° high) ; leaves narrowly linear. (C. verrucosa, Schw., not of Ell.) — Mountain swamps, North Carolina, and northward. 17. C. stricta, Good. Sterile spikes 1 - 2 ; fertile spikes 2-4, linear-cylin- drical, sessile or the lowest short-peduncled, erect, dense-flowered; perigynia elliptical, erect, nerveless, commonly shorter than the narrow obtuse reddish- brown scale; culms (2° high) rough-angled; leaves linear. (C. acuta, Ett.t $c., not of Linnaeus.) — Swamps in the upper districts, and northward. 536 CYPERACE^E. (SEDGE FAMILY.) * Scales awned, green : fertile spikes on nodding peduncles : bracts long and leaf- like : leaves broadly linear. 18. C. crinita, Lam. Sterile spikes mostly 2, often with fertile flowers intermixed ; fertile spikes 3-4, long-cylindrical, dense-flowered, on long drooping peduncles ; perigynia round-ovate or obovate, somewhat inflated, 2-nerved, ab- ruptly short-pointed, shorter than the long and rough-awned scale ; culms rough- angled above (2° -3° high). — Swamps in the upper districts, and northward. — Spikes l£'-3'long. 19. C. Mitchelliana, M. A. Curtis. " Spikes in threes, peduncled, some- what distant, oblong, slightly nodding ; terminal spike staminate at the base and summit; the lowest peduncle scarcely sheathed; perigynia ovate, acute, gla- brous ; scales oblong, the lowest with a long cusp much exceeding the fruit, the upper about equalling it. — Wet places, Chatham County, North Carolina." Curtis. — Culm slender, 18' high, rough above. Spikes 1' long. § 2. CAREX PROPER. Stigmas 3 : nut 3-angled. A. Spike solitary. * Dioecious. 20. C. Boottiana, Benth. Culms slender, naked, rough, shorter than the linear bright-green radical leaves; spikes (rarely 2) many-flowered, purplish, cylindrical, erect ; fertile spike dense-flowered ; perigynium obovate, obtuse or abruptly short-beaked, ciliate and 2-toothed at the orifice, nerved, pubescent, cili- ate-toothed on the angles, shorter and narrower than the oblong-acute or abruptly pointed purple scale. — North Alabama, Peters, and westward. — Culms 6'- 8' long. Spikes 1 ' - 2' long. * * Monoecious. Spike sterile above, fertile below. 21. C. polytrichoides, Muhl. Spike linear, few-flowered; perigynia lanceolate-oblong, many-nerved, obtuse and entire at the apex, twice as long as the oblong mucronate scale ; bract scale-like or occasionally leafy and exceeding the spike; culms tufted, filiform, weak (6' -12' high), rough above, longer than the very narrow leaves. — Bogs and swamps, Florida, and northward. 22. C. Praseri, Sims. Spike oblong, many-flowered, the fertile portion globose ; perigynia ovoid, inflated, abruptly short-pointed, longer than the oblong obtuse hyaline scale; leaves very wide (!' or more), obtuse, serrulate and wavy on the margins, convolute below, and sheathing the base of the naked smooth culm. — Shady banks of streams on the mountains of North Carolina. — Leaves 6'- 12' long, longer than the culm. 23. C. Steudelii, Kunth. Spike linear (6W-10" long); sterile flowers 20-25; perigynia 1-4, ovoid, smooth, 3-nerved, abruptly contracted into a slender compressed rough-edged beak, longer than the ovate white green-keeled scale ; leaves linear, flat, abruptly pointed, longer than the bristle-like prostrate culms. — Shady banks, Florida, and westward. — Culms 3' -6' long. Plant whitish. * 24. C. Willdenovii, Schk. Sterile flowers 4-8, forming a minute linear spike; perigynia 6 - 9, oblong, with 3 rough angles; lower scales longer than CYPERACE^E. (SEDGE FAMILY.) 537 the spike, often leafy ; otherwise like the last. — Shady woods, North Carolina, and northward. — Plant deep green. B. Spikes two or more. (In No. 25 oftener solitary.) * Terminal spike sterile below (often wholly so in Nos. 26 and 35), fertile above, the others chiejly fertile. •- Perigynia inflated, contracted into a long and slender leak. 25. C. squarrosa, L. Spikes 1-4, oval, thick (£'-!'), erect, pcduncled; perigynia horizontal, obovate, smooth, 3-nerved, abruptly contracted into a long subulate smooth 2-cleft beak, longer than the lanceolate acute scale. — Swamps and meadows, near the mountains, Georgia, and northward. — Culms 8'- 16' high, shorter than the linear leaves and bracts. 26. C. Stenolepis, Torr. Spikes 4-7, the terminal one small, often wholly sterile or fertile, the others cylindrical, erect, dense-flowered, the upper ones approximate and nearly sessile, the lower scattered, on exserted peduncles ; perigynia horizontal, contracted into a long and slender 2-cleft beak, shorter than the awn-like scales. — Swamps and meadows, upper districts of Georgia to Missis- sippi, and northward. — Culms l°-l£° high, flexuous above, shorter than the broad leaves and bracts. •i- •- Perigynia beakless. •w- Spikes approximate, ovoid or cylindrical, dense-flowered, sessile, or on short and erect peduncles : bracts short. 27. C. Buxbaumii, Wahl. Spikes 3 -4, oblong, the upper one pedun- cled, the others sessile or nearly so ; perigynia whitish, smooth, elliptical, com- pressed-3-angled, obtuse and emarginate at the apex, commonly shorter than the ovate acute or awn-pointed blackish scale. — Mountains of Georgia, and north- ward.— Culms l°-l£° high, rough above, longer than the narrow glaucous leaves. 28. C. hirsuta, Willd. Spikes 2-4 (mostly 3), sessile or nearly so, ovoid or oblong, many-flowered ; perigynia pubescent or at length smoothish, ovate, compressed-3-angled, strongly nerved, obtuse and emarginate at the apex, about as long as the oblong mucronate white scale. — Damp soil, Florida to Missis- sippi, and northward. — Culms erect, l°-l£° high, rough-angled, and, like the narrow leaves and sheaths, more or less pubescent. 29. C. triceps, Michx. "? Spikes 3-4, ovoid or oblong, sessile, few-flow- ered ; perigynia smooth, round-pear-shaped, obscurely angled, faintly nerved, contracted into a short and entire point, as long as the oblong obtuse or barely pointed white scale. — North Carolina ( Curtis), Tennessee, and northward. — Culms 1° high, very slender. Leaves and sheaths smooth. 30. C. virescens, Muhl. Spikes 2-3, cylindrical, short-pccluncled, dense- ly many-flowered ; perigynia small, pubescent, ovoid, strongly nerved, 3-angled, acute and entire at the apex, as long as the ovate mucronate white scale. — Low grassy meadows, North Carolina, and northward. — Culms l°-2° high, rough. Leaves and sheaths hairy. 538 CTPERACE^E. (SEDGE FAMILY.) •w- •-<• Spikes remote, linear or cylindrical, rather loosely flowered, on long and mostly drooping peduncles : bracts long and leaf-like: perigynia smooth, somewhat inflated, few and faintly nerved. 31. C. OXylepis, Torr. & Hook. Spikes 4-5, linear, all on long bristle- like partly included nodding peduncles, distant ; perigynia oblong, acute-angled, emarginate at the pointed apex, longer than the lanceolate rough-pointed white scale. — Low ground, Florida, and westward. — Culms slender, l£°- 2° high, the lower part, like the leaves and sheaths, pubescent. 32. C. sestivalis, M. A. Curtis. Spikes 3-5, linear or filiform, loosely flowered, erect, the lowest on nearly exserted peduncles, the upper almost sessile ; perigynia oblong, obtuse-angled, obtuse and entire at the apex, twice as long as the ovate obtuse or emarginate scale. — Mountains of North Carolina, and north- ward. — Culms 1° - 1£° high, smooth. Lowest sheaths pubescent. 33. C. gracillima, Schw. Spikes 3-5, distant, linear, on slender and nodding peduncles ; perigynia oblong, obtuse, entire and oblique at the orifice, about twice as long as the oblong obtuse short-awned scale. — Wet meadows, North Carolina, and northward. — Culm l°-2° high. Spikes !'-!£' long, thicker than those of the preceding. Sheaths smooth. 34. C. Davisii, Schw. & Torr. Spikes 3-4, remote, oblong-cylindrical, all on slender nearly exserted peduncles, nodding ; perigynia ovate-oblong, in- flated, round-angled, emarginate at the pointed apex, longer than the oblong awned scale. — Mountains of Georgia, and northward. — Culms l\|°-2° high. Leaves and sheaths more or less pubescent. Spikes rather dense-flowered. 35. C. miliacea, Muhl. Spikes 4, linear, all on exserted nodding peduncles, the terminal one often wholly sterile ; perigynia yellowish, ovate, compressed- 3-angled, nerveless or nearly so, tapering into a spreading slightly emarginate point, as long as the oblong mucronate scale. — Mountains of Georgia, and northward. — Culms weak, l°-l£° high. Sheaths smooth. Lower perigynia scattered. * Terminal spikes sterile, the others fertile, or with few sterile flowers at the summit. •- Perigynia small (1" -3" long), slightly or not at all inflated, obtuse or short-beaked. •-• Fertile spikes sessile, ovoid or oblong, dense-flowered; perigynia pubescent, short- beaked or pointed. 36. C. filiformis, L. Sterile spikes 2 or more, slender, long-peduncled ; fertile spikes 1-3, distant, oblong ; perigynia ovoid, obtuse, 3-angled, densely pubescent, obscurely nerved, abruptly contracted into a short emarginate point, longer than the oblong mucronate brown scale. — Bogs and swamps, South Carolina, and northward. — Culms 2° high, smooth. Leaves filiform, elongated. Bracts leafy, many times longer than the spikes. 37. C. vestita, Willd. Sterile spikes 1 - 2, thick, short-peduncled ; fertile spikes 1-2, approximate, ovoid or oblong ; perigynia oblong-ovate, 3-angled, densely pubescent, strongly nerved, tapering into a distinct beak, with a white membranaceous 2-cleft orifice, longer than the oblong mucronate brown scale. — Sandy swamps in the upper districts, and northward. — Culms rigid, acute- CYPERACE^!. (SEDGE FAMILY.) 539 angled, l°-2 high. Leaves short, linear. Bracts short, the upper one shorter than the spikes. 38. C. dasycarpa, Muhl. Sterile spike single, short-peduncled ; fertile spikes 2-3, approximate, oblong ; pcrigynia woolly, oblong, 3-angled, striate, scarcely beaked, with the orifice entire, twice the length of the ovate barely pointed pale scale ; nut stalked. — Shady woods, Florida to South Carolina. — Culms 6'- 12' high, rough-angled. Leaves pubescent. 39. C. tenax, Chapm. Culms (10'- 15' high) and rigid channelled leaves rough, but not pubescent ; spikes and ovate beaked and less pubescent perigynia larger ; nut sessile ; otherwise like the preceding, and possibly a stouter form of it. — Dry sand-ridges, Middle Florida. 40. C- Pennsylvanica, Lam. Sterile spike single ; fertile spikes mostly 2, ovoid, approximate, 4 - 6-flowered, the lower one with a short or scale-like colored bract ; perigynia nearly globose, pubescent, abruptly contracted into a short 2-cleft beak, longer than the oblong-ovate dark brown scale. (C. margi- nata, Muhl.) — Var. MUHLENBERGII, Torr. fr Gray. Fertile spikes mostly 3, 6 - 10-flowered, distinct, the lowest leafy-bracted ; perigynia ovate, tapering into a short beak; scales light brown. (C. varia, Muhl.) — Dry woods, in the upper districts, Georgia, and northward. — Culms 4' -8' high, longer than the leaves. 41. C. lucorum, Willd. Sterile spike single; fertile spikes 3 - 4, ovoid, few-flowered, approximate, or the lowest remote and usually leafy-bracted ; peri- gynia ovoid, more or less pubescent, acute at the base, tapering into a slender rough 2-cleft beak, about the length of the ovate-oblong acute' scale ; leaves narrowly linear. — Var. NIGRO-MARGINATA. ( C. nigro-marginata, Sch w. ) Peri- gynia 3-angled; scales with brown or black sides; culms l'-2' high. — Var. FLORIDANA. (C. Floridana, Schw.) Perigynia compressed-3-angled or lentic- ular (but the stigmas 3); scales white or margined with black; culms 2' -12' long, prostrate or erect. — Var. EMMONSII. (C. Emmonsii, Dew.) Perigynia 3-angled, acuminate at each end, nearly smooth; scales white; culms bristle- form, prostrate. — Dry sandy soil, Florida to North Carolina. •w- ••+ Fertile spikes linear or cylindrical, remote, all, or the lowest, on distinct and commonly elongated peduncles. — Perigynia striated with numerous fine nerves : sterile spike always single. t Perigynia smooth, nearly terete, obtuse or barely pointed : bracts long and leaf-like : spikes erect. 42. C. grisea, Wahl. Sterile spike short, sessile ; fertile spikes 3-4, lin- ear-oblong, rather loosely-flowered (4"- 8" long), the upper one nearly sessile; perigynia oblong-ovoid, pointless, somewhat inflated, twice as long as the white ovate rough-awned scale. — Varies (C. flaccosperma, Dew.), with longer (!' or more) cylindrical spikes, and nearly awnless scales. — Low ground, Florida to Mississippi, and northward. — Culms smooth, 1°- 1\|° high. Leaves and bracts broadly linear. Upper spikes commonly approximate, the lowest very remote, on a long erect peduncle. Perigynia often indented near the apex. 540 CYPERACE.E. (SEDGE FAMILY.) Var. angUStifolia, Boott. Sterile spike long-pedunclecl ; fertile spikes mostly 3, linear, few-flowered, very remote, the lowest at the base of the culm ; perigynia 4-8, lanceolate-oblong, 3-angled, alternate and 2-ranked, pointless and entire at the apex, longer than the ovate rough-awned scale. — Dry open woods, Florida. — Culms filiform, 8' -12' high. Leaves and bracts linear. Lowest sheaths dark-brown. 43. C. granularis, Muhl. Sterile spike short, sessile; fertile spikes 3-4, linear-cylindrical, densely many-flowered, yellowish, the upper one nearly sessile, the lowest distant and long-ped uncled ; perygynia small, globose-ovate, con- tracted into a minute mostly recurved entire or emarginate point, longer than the ovate obtuse or barely pointed scale. — Meadows and banks of streams, Florida, and northward. — Culms 6' -12' high. Leaves and bracts broadly linear, 3-nerved. 44. C. conoidea, Schk. Sterile spike long-peduncled ; fertile spikes 2 - 3, oblong or cylindrical, densely many-flowered, remote ; perigynia small, oblong- ovoid, obtuse, striate with impressed nerves, smooth and shining, equalling or the lower shorter than the ovate pointed or short-awned scale. — Mountains of North Carolina, and northward. — Culms 6' -12' high. Leaves and bracts lin- ear. Spikes £' - 1' long, the lowest long-peduncled. 45. C. tetanica, Schk. Sterile spike short-peduncled ; fertile spikes 1-3, linear-cylindrical, remote, loosely flowered ; perigynia obovate, narrowed at the base, contracted into a short bent point, longer than the ovate acute or short- awned scale. — Mountains of North Carolina, and northward. — Culms 1° high. Leaves and bracts narrowly linear. t t Perigynia smooth (except No. 51), 3-angled, with a recurved or spreading point : lowest peduncles elongated and often recurved. Bracts leafy : scales white. 46. C. laxiflora, Lam. Sterile spike peduncled, exceeding the bracts; fertile spikes 2-3, remote, linear, loosely 8-12-flowered ; perigynia oblong- obovate, tapering into a smooth spreading entire beak, longer than the oblong mucronate scale. (C. anceps, Willd. C. plantaginea, Ell. C. ignota, Dew.) — Plant more or less glaucous. Culm 10' - 15' high, usually compressed-3-angled above. Leaves linear or lanceolate, tender. Sheaths smooth. Var. striatula. Culms, leaves, and especially the sheaths, rough ; sterile spike sessile or nearly so, shorter than the bracts ; fertile spikes 3-5, rather closely 12-20-flowered, the 2-3 upper ones commonly approximate; perigynia obovate, abruptly short and bent-pointed. (C. striatula, Michx. C. blanda, Dew. C. conoidea and C. tetanica, Ell.) — Dry open woods and margins of fields, Florida, and northward ; common, and varying greatly in the form of the perigynia and width of the leaves. 47. C. styloflexa, Buckley. Sterile spike short-peduncled ; fertile spikes 3, oblong, few-flowered, very remote, the lowest on a long and mostly nodding peduncle ; perjgynia lanceolate or oblong, narrowed at the base, tapering into a spreading rough-angled mostly emarginate beak, longer than the oblong mucro- nate scale. — Shady swamps, Middle Florida, to the mountains of North Caro- CYPERACE^E. (SEDGE FAMILY.) 541 lina. — Culms filiform, 1°- l£° high, and, like the sheaths of the linear leaves, roughened downward. 48. C. digitalis, Willd. Sterile spike small, sessile, or nearly so; fertile spikes commonly 3, remote, very slender, loosely 5-8-flowered, all on long bristle-like peduncles, the lowest near the base of the culm and generally re- clining ; perigynia alternate, ovoid, with a short and spreading entire point, twice the length of the ovate acute green-keeled scale; leaves linear, green; culms 6'- 12' high. — Var. GLAUCA. Leaves and bracts wider (4" -6"), glau- cous, 3-nerved ; fertile spikes thicker, the two upper ones approximate and short- peduncled; perigynia larger, thrice the length of the barely-pointed scale.— Low grounds, Florida, and northward. Bracts sheathing, leafless or nearly so : scales brown or black. 49. C. plantaginea, Lam. Fertile spikes 3-4, remote, the lowest at the base of the culm, linear, erect, loosely few-flowered, the peduncles mostly in- cluded in the brown leafless sheaths ; perigynia oblong-obovate, short-pointed, longer than the ovate acute black scale. — Mountains of North Carolina, and northward. — Leaves all radical, 1' or more wide, about as long as the slender culm. 50. C. Caroliniana, Buckley. Fertile spikes 3, loosely 3 - 6-flowered, remote, all on long bristle-like drooping peduncles, which are partly included in the sheaths of the short bracts ; the lowest near the base of the culm ; peri- gynia ovoid, short-pointed, rather longer than the oblong mucronate dark-brown scale. — Table Mountain, South Carolina, Buckley. — Radical leaves 4'' -6" wide, 3-nerved, exceeding the tufted culms. 51. C. Baltzellii, Chapm. Sterile spike rigid, often with a few fertile flowers at the base; fertile spikes 3-6, linear-cylindrical, closely many-flowered, one (rarely two) on an erect peduncle which is included in a leafless sheath at the base of the sterile spike, the others on long recurved or spreading radical peduncles, commonly sterile at the summit ; perigynia obovate-oblong, pubescent, abruptly short-pointed, as long as the obovate obtuse mucronate reddish-brown scale. — Dry sandy soil, Middle Florida. — Leaves all radical, 2ff - 4'r wide, glaucous, very rough above, longer than the culm. = = Perigynia with few and scattered nerves, commonly a little inflated, straight- beaked or pointed: spikes all, or the lowest, on long and mostly nodding peduncles : bracts leafy. t Spikes linear or filiform, loosely flowered : perigynia lanceolate or obkng. 52. C. venusta, Dew. Fertile spikes 3-5, linear (!'-!£' long), remote, or the two upper ones approximate and erect ; perigynia oblong, acute at each end, rough-hairy, notched at the orifice, twice as long as the oblong obtuse scale. —Low banks of streams, Florida to North Carolina. — Culms 2° -3° high. Sheaths of the linear leaves very rough. 53. C. debilis, Michx. Fertile spikes 3-5, remote, filiform, drooping ; perigynia alternate, lanceolate, smooth, acute at the base, tapering into a 2 -cleft beak, twice as long as the oblong obtuse one-nerved scale ; sheaths smooth. — 46 542 CYPERACE^E. (SEDGE FAMILY.) Swamps and low grounds, Florida to Mississippi, and northward. — Culms very slender, l°-2° high. 54. C. juncea, Willd. "Spikes 2-4, slender, erect, brownish purple, the sterile one filiform, the fertile loosely-flowered, somewhat remote, the lowest on an exserted peduncle; perigynia 3-angled, spindle-shaped, rough at the apex, with the orifice entire ; scales ovate, obtuse, and longer than the perigynia, or lanceolate, mucronate, and about equalling them." Boott. (C. miser, Buckley.) — Summit of Roan Mountain, North Carolina, Buckley. — Leaves somewhat bristle-form, shorter than the culm. 1 1 Spikes cylindrical or oblong, densely many-flowered: perigynia ovate or roundish. . 55. C. scabrata, Schw. Sterile spike short, single; fertile spikes 4 -5, rather distant, on erect exserted peduncles ; perigynia ovate, rough, spreading, with few rather prominent nerves, tapering into a 2-cleft beak, longer than the oblong acute brownish scale. — Shady swamps, North Carolina, and northward. — Culms (1°-1£° high) and broadly linear thin leaves very rough. Bracts leaf-like, destitute of sheaths. 56. C. flacca, Schreb. Sterile spikes 1-2, long a.nd rigid; fertile* spikes 2-3, cylindrical, all on drooping peduncles, commonly sterile at the summit ; perigynia yellowish, compressed-3-angled, round-elliptical, slightly roughened, emarginate or entire at the orifice, longer than the oblong obtuse or pointed black scale. — Marshes, Alabama to North Carolina (Curtis), and northward. — Culms l°-2° high, rough-angled, longer than the rigid glaucous leaves. 57. C. glaucescens, Ell. Sterile spike single, long-peduncled; fertile spikes 4 - 10, cylindrical (!' -2' long), all on long and drooping peduncles, mostly sterile at the summit ; lowest bract exceeding the culm, the others shorter and bristle-like ; perigynia glaucous, ovate, compressed-3-angled, nerveless, except at the angles, narrowed into an emarginate point, longer than the brown rough- awned scale. — Pine-barren ponds, Florida to North Carolina. — Culms 2° -4° high, rough-angled above. Leaves glaucous, as long as the culms, bristle-like at the summit. 58. C. verrilCOSa, Ell. Sterile spikes 1-3, sessile or short-peduncled, often with fertile flowers variously intermixed; fertile spikes 4 -10, cylindrical or oblong, the upper ones sessile and erect, the lower long-peduncled and droop- ing ; perigynia glaucous, globose-obovate, 3-angled, strongly nerved, abruptly contracted into a short and entire point, about as long as the brown rough- awned scale. — Margins of ponds and rivers, Florida to North Carolina. — Culms, leaves, and bracts as in the preceding. 59. C. Cherokeensis, Schk. Sterile spikes 2-4, slender; fertile spikes 5-15, often 2-3 from the same sheath, oblong or cylindrical, sterile at the sum- mit, all on long and nodding peduncles ; perigynia whitish, oblong, compressed- 3-angled, short-beaked, with the orifice membranaceous and obliquely 2-cleft, longer than the oblong acute scale ; stigmas elongated. — Banks of the Apala- chicola River, Florida, to the mountains of Georgia, and westward. — Plant whitish. Culms l°-2° high, smooth, like the linear leaves. CYPERACEJZ. (SEDGE FAMILY.) 543 •- •- Perigynia large (3"- 6" long), and commonhj much inflated (except Nos. 60 and 61), conspicuously nerved, tapering into a conical or long and subulate 2-cleft beak. •-• Sterile spike single: styles persistent, contorted: perigynia smooth: spikes many- flowei-ed (except No. 66). 60. C. comosa, Boott. Fertile spikes 4, cylindrical, approximate, on cx- serted nodding peduncles (!£' -2£' long) ; perigynia (2" long) oblong, spreading or reflexed, tapering into a long subulate deeply 2-cleft beak, with bristly, spread- ing teeth, longer than the awned scale. (C. furcata, EU.) — Swamps, Georgia, and northward. — Culms stout, 2° - 3° high, rough-angled above. Leaves broadly linear, and, like the bracts, exceeding the culm. 61. C. hystricina, Muhl. Fertile spikes 3, oblong or cylindrical, on nod- ding peduncles ; perigynia oblong-ovate, many-nerved, spreading, tapering into a minutely 2-cleft beak, twice as long as the oblong awned scale ; nut obovate, smooth. — Swamps, Georgia, and northward. — Culms 1°-1\|° high, rough above, shorter than the leaves and bracts. Spikes 1'- l£' long. 62. C. tentaculata, Muhl. Sterile spike nearly sessile ; fertile spikes I - 3, sessile, approximate, or the lowest remote and short-peduncled, ovate or cylin- drical-oblong; perigynia ovate, spreading, few-nerved, the long subulate beak cleft on the inner side, and minutely 2-toothed, twice as long as the lanceolate awned scale ; nut ovoid, roughish. — Meadows and low grounds, Florida, and northward. — Culms 1°- 1 j° high. Leaves and bracts elongated. 63. C. gigantea, Rudge. Fertile spikes 3 -4, oblong or cylindrical; the upper approximate and nearly sessile, the lowest distant and short-peduncled, erect; perigynia (6" -7" long) widely spreading, strongly many-nerved, taper- ing from an ovate and obtuse base into a long subulate rough 2-cleft beak, with hispid teeth, twice as long as the oblong awn-pointed scale ; nut depressed, 3- angled. — Pine-barren ponds, Florida to South Carolina, and westward. — Culms 2° high, smooth, shorter than the broad linear leaves and bracts. 64. C. lupulina, Muhl. Fertile spikes 3 -4, approximate, sessile, or the lowest short-peduncled, erect, oblong, thick (!' in diameter); perigynia (6'' -7" long) erect-spreading, tapering from the ovoid acutish base into a subulate smooth or slightly roughened beak, with smooth and spreading teeth, twice as long as the oblong awn-pointed scale ; nut rhombic-oblong. — Deep river-swamps, Flori- da, and northward. — Culms and leaves as in the preceding. 65. C. Halei, Carey. Sterile spike slender, long-peduncled ; fertile spikes 2-3, remote, ovoid or oblong (!' in diameter), erect, the lowest commonly on a partly exserted peduncle, the others nearly sessile ; perigynia large (6" long), tapering from a greatly inflated and rounded base into a smooth and slender 2- cleft beak, with smooth and spreading teeth, more than twice as long as the ob- long acuminate scale ; nut rhomboid. — Banks of the Apalachicola River, Florida, and westward. — Culms 1° high, smooth and slender, as long as the narrow smooth leaves. Spikes whitish, !'-!£' long. 66. C. SUbulata, Michx. Sterile spike small ; fertile spikes 3-4, remote, few-flowered, the lowest on a partly jexserted peduncle, erect ; perigynia 4-6, 544 CYPERACEJE. (SEDGE FAMILY.) subulate, smooth, reflexed, the rigid teeth reflexed and appressed to the slender beak, 4 times as long as the awn-pointed scale. — Deep swamps, Fayetteville, North Carolina (Curtis), and northward. — Culms smooth, filiform, l°~l£° high, longer than the linear leaves. •«-»• •»-• Sterile spike single: style deciduous, straight or nearly so: fertile spikes few- 67. C. folliculata, L. Fertile spikes 3-4, ovoid, remote, 8-10-flowered, on erect peduncles, sterile at the summit ; perigynia (6" long) horizontal, lance- olate, tapering into a smooth beak, with erect hispid teeth, one third longer than the lanceolate rough-pointed scale. — Wet margins of streams, Florida, and northward. — Culms smooth, 2° high, commonly exceeding the linear and flat leaves. , 68. C. turgescens, Torr. Fertile spikes 2, near or remote, on short in- cluded peduncles, ovoid, 8-12-flowered; perigynia erect-spreading (4'' long), lance-ovate, strongly nerved, tapering into a smooth 2-cleft beak, with hispid erect teeth, twice as long as the ovate obtuse scale. — Pine-barren swamps, Florida to North Carolina. — Culms smooth, 2° -3° high, longer than the narrow rigid and channelled leaves. 69. C. Elliottii, Schw. & Torr. Fertile spikes mostly 3, approximate and nearly sessile, or the lowest remote and long-peduncled, globose, 8- 16-flowered, sterile at the apex ; perigynia small (3" long), oblong-ovate, compressed, spread- ing, few-nerved, tapering into a short smooth beak, with erect hispid teeth, twice as long as the ovate obtuse scale. (C. Castanea, Ell.) — Boggy margins of pine- barren streams, Florida to North Carolina. — Culms l°-2° high, rough above, longer than the narrowly linear leaves. 70. C. intumescens, Rudge. Fertile spikes 2-4, approximate, the up- per sessile, the lower peduncled, globose, 10-15 flowered; perigynia large (6" long), spreading, tapering from a rounded and greatly inflated base into a short and smooth 2-cleft beak with hispid teeth, twice as long as the ovate acuminate scale. (C. folliculata, Ell.) — Shady swamps, Florida, and northward. — Culms 1°- lj° high, rough above, shorter than the broadly linear deep-green leaves and bracts. •«-«• -M- Sterile spikes 2 or more : fertile spikes many-flowered. — • Perigynia pubescent. 71. C. trichocarpa, Muhl. Sterile spikes about three, linear, long-pedun- cled ; fertile spikes 2, cylindrical, on short and mostly included peduncles ; peri- gynia thin, rough-hairy, tapering from a rounded ovate base into a rather slender rough beak, with long and spiny teeth, longer than the oblong acute awnless scale. — Deep marshes, Georgia, and northward. — Culms 2° - 3° high, rough above. Leaves linear, elongated. 72. C. striata, Michx. Sterile spikes 2 - 4, long-peduncled ; fertile spikes 1-4 (mostly 2), remote, sessile, or the lowest long-peduncled,' oblong or cylin- drical ; perigynia thick, ovate, pubescent above the middle, contracted into a short and whitish 2-cleft or emarginate beak, longer than the oblong acute scale. (GRASS FAMILY.) 545 (C. bullata, Ell.) — Pine-barren swamps, Florida, and northward. — Culms l£° - 2° high. Leaves narrowly linear, keeled, rather rigid. Pcrigynia occa- sionally nearly smooth. = = Periyyma smooth. 73. C. riparia, Curtis. Sterile spikes 4-6, dark brown; fertile spikes 2- 3, oblong-cylindrical, sterile at the summit (1 £'- 2' long), on erect peduncles ; perigynia ovate-oblong, obscurely nerved, tapering -into a smooth 2-cleft beak, longer than the oblong brown awned scale. — Deep marshes, Florida to South Carolina. — Culms stout, 2° -3° high, rough above, shorter than the broad (£') smoothish and glaucous leaves and bracts. 74. C. bullata, Schk. Sterile spikes 2-3, long-peduncled ; fertile spikes 1-2, oblong or oval (!' long), sessile, or on very short exserted peduncles ; peri- gynia globose-ovate, much inflated, strongly nerved, smooth and shining, slender- beaked, longer than the oblong acute scale. — Swamps, South Carolina, and northward. — Culms 1° - 1 J° high, shorter than the linear leaves and bracts. ORDER 160. GRAMINE^E. (GRASS FAMILY.) Chiefly herbs. Stem (culm) mostly hollow and with closed joints. Leaves alternate, 2-ranked, narrow and entire. Sheaths open or split on one side, and usually prolonged into a membranaceous or fringed appendage (ligula) at the base of the blade. Flowers in spiked or panicled spikelets, consisting of 2-ranked imbricated bracts or scales; of which the exterior or lower ones, subtending one or more flowers, are called glumes, and the two inner ones, enclosing the 1-celled 1-ovuled ovary, and 1-11 (commonly 3) hypogynous stamens, are called palece. Perianth none, or composed of 1 - 3 minute hypogynous scales (squamu- Ice). Anthers versatile, 2-celled. Styles 2-3, with hairy or plumose stigmas. Fruit a caryopsis (grain). Embryo placed on the outside and near the base of mealy albumen. — Koot fibrous. Synopsis. TKEBE I. OR YZE/E. — Spikelets 1-flowered, mostly imperfect. Glumes none. Pale«2. Stamens 1-11. 1. LEERSIA. Flowers perfect, compressed, panicled. Palese unequal, ciliate. 2. ZIZANIA. Flowers monoecious ; the pistillate and staminate ones in the same panicle. 69. LUZIOLA. Flowers monoecious ; the pistillate and staminate ones in separate panicles. 3. HYDROCHLOA. Flowers monoecious ; the pistillate and staminate ones in separate spikes. 60. MONANTHOCHLOE. Flowers dioecious, in terminal spikes. TRIBE II. A GROSTIDEJE. —Spikelets 1-flowered, or with the pedicel of a second flower above. Glumes 2. Paleae mostly 2, the lower one often awned. Stamens 1-3. Spikelets in open or closely spiked panicles. Glumes united at the base, strongly compressed-keeled. 4. ALOPECURUS. Lower palea awned on the back, the upper wanting. Flowers spiked. 46* 546 GRAMINE.E. (GRASS FAMILY.) * * Glumes distinct, concave or keeled. Paleae membranaccous. Grain free. Spikelets in open or contracted panicles. 5. SPOROBOLUS. Flowera awnless. Seed loose in the globose or oboyoid pericarp. 6. VILFA. Flowers awnless. Seed adhering to the closely investing pericarp. 7. AGROSTIS. Paleae shorter than the nearly equal glumes, the lower awned on the back, the upper sometimes wanting. 8. POLYPOGON. Paleae much shorter than the long-awned glumes, the lower one truncated and toothed. Stamens 3. Panicle spike-like. 9. CINNA. Paleae rather longer than the acute glumes, the lower one awned under the apex. Stamen 1. Panicle loose. 10. MUHLENBERGIA. Lower glume smaller than the upper one. Paleae bearded at the base, the lower one mucronate or awn-pointed. Stamens 3- 11. BRACIIYELYTRUM. Lower glume obsolete. Lower palea long-awned. A pedicel of a second flower at the back of the upper palese. Stamens 2. 12. CALAMAGROSTIS. Palese surrounded with a tuft of long hairs, the lower awned on the back. * # * PaJeae raised on a hairy stalk ; the lower one awned, indurated, and involute, closely investing the grain. 13. STIPA. Lower palea with a single contorted awn jointed with its apex. Panicle short. 14. STREPTACHNE. Lower palea with a single straight or curved awn continuous with its apex. Panicle elongated. 15. ARISTIDA. Lower palea triple-awned. Panicle elongated. TRIBE in. CHLORIDE^. — Spikelets 2 -several-flowered (in No. 16 one-flowered), in 1-sided spikes. Rachis jointless. Upper flowers imperfect. Glumes and paleae 2. Spikes racemed or digitate, rarely single. * Spikelets strictly 1-flowered. (See Paspalum.) 16. SPARTINA. Spikelets flat, imbricated in alternate spikes. # * Spikelets 2 -• 3-flowered, only the lowest flower perfect. 17. GYMNOPOGON. Spikelets linear, scattered. Lower palea and rudiment awned. Spikes racemed. 18. EUSTACHYS. Spikelets roundish, crowded. Lower palea mucronate. Spikes digitate. 19. CYNOBON. Lower palea awnless. Culms creeping. Spikes digitate. * * * Spikelets 4 -- 5-flowered, one of the middle ones only perfect. 20. CTENICM. Lower palea stout-awned on the back. Spike solitary. * * * * Spikelets mostly several-flowered, the lower flowers perfect. 21. DACTYLOCTENIUM. Spikes digitate. Upper glume awned. Palese pointed, 22. ELEUSINE. Spikes digitate. Glumes and paleae awnless. 23. LEPTOCHLOA. Spikes racemed, long and slender. Glumes awnless. TRIBE IV. FESTITC ACEL33. — Spikelets panicled, few - many -flowered ; the upper and (in No. 36 and 37) the lower flowers also imperfect. Glumes 2. Palese 2, membranaceous or rarely indurated, awnless, or the lower one with a straight awn at or near the apex. Stamens 1-3. * Grain smooth, free from the paleae. Lower flowers perfect. +- Lower palea 3 - 5-toothed or awned. 24. TRICUSPIS. Spikelets 5-7-flowered. Lower palea slightly 2-cleft, the 3 hairy nerves percurrent. 25. TRIPLASIS. Spikelets 3-flowered, the lower palea deeply 2-cleft, and with a plumose awn between the teeth. GRAMINE^E. (GRASS FAMILY.) 547 •«- •>- Lower palea entire, awnless or (in No. 33) awn-pointed, •w- Glumes unlike, the lower one linear, the upper obovate. 26. EATONIA. Spikelets 1-5-flowercd. Culms slender, tufted. •H- ++ Glumes alike. Lower palea rounded on the back, not keeled. 27. MELICA. Spikelets 3 - 5-flowered. Lower palea many-nerved. 28. GLYCERIA. Spikelets 5 - many -flowered. Lower palea strongly 7-nerved. 29. ARUNDINARIA. Spikelets loosely many-flowered. Culms woody. 30. liitlZOPYRUM. Spikelets dioecious. Lower palea rigid. •H- -H- -H> Glumes alike. Lower palea keeled. 31. POA. Paleae falling away together, the lower one 6-nerved, and with cobwebby hairs at the base. Spikelets 3 - 6-flowered. 32. ERAGROSTIS. Lower palea falling before the upper one, 3-nerved, not hairy. 33. DACTYLIS. Lower palea awn-pointed. Panicle contracted, composed of 1-sided clusters. * * Grain adherent to the upper palea, downy at the apex. 34. FESTUCA. Lower palea entire, acute or awn-pointed. 35. BROMUS. Lower palea 2-cleft, awned between the teeth. * * * Grain free, smooth. Lowest flowers of the spikelet imperfect. 36. UNIOLA. Spikelets broad and flat, many-flowered. Paleae coriaceous. 37. PHRAGMITES. Spikelets 3 -6-flowered, silky bearded on the rachis. Paleee thin. TRIBE V. HORDE A C E ^E . — Spikelets 2 - several-flowered, sessile, on opposite sides of the jointed rachis, spiked. Glumes 1-2, rarely wanting. Paleae 2. 38. ELYMUS. Spikelets 2 - 4 at each joint of the rachis. Glumes 2, placed side by side before the spikelets. 39. GYMNOSTICHUM. Spikelets 2 - 3 at each joint of the rachis. Glumes none. 40. LOLIUM. Spikelet solitary at each joint of the rachis. Glume 1. TRIBE VI. AVENACEJE. — Spikelets panicled, 2 - several-flowered, the terminal flow- ers mostly imperfect. Rachis or base of the flowers often bearded. Lower palea with a twisted, bent, or straight awn on the back, or below the apex. 41. AIRA. Spikelets 2-flowered. Lower palea thin, rounded on the back, awned below the middle. 42. TRISETUM. Spikelets 2 - several-flowered. Lower palea thin, compressed-keeled, bear- ing a bent awn below the 2-cleft apex. 43. DANTIIONIA. Spikelets 2 - several-flowered. Lower palea rigid, many-nerved, bearing a flattened and twisted awn at the 2-cleft apex. 44. ARRIIENATHERUM. Spikelets 2-flowered, the lower flower staminate, and bearing a long bent awn below the middle. TRIBE VII. PII A L. ARIDE.3E. — Spikelets in spike-like panicles, 3-flowered, the upper or middle flower perfect, the two lateral ones imperfect or mere rudiments. Glumes 2. Palese 2, indurated in fruit. 45. ANTHOXANTHUM. Lateral flowers neutral, each of one awned palea. Perfect flower diandrous. 46. PUALARIS. Lateral flowers rudimentary. Perfect flower triandrous. TRIBE VIII. PANICE^E. — Spikelets 2-flowered. Glumes 2, or the lower wanting. Lower flower imperfect, either staminate or neutral, with the lower palea membrana- ceous and similar to the upper glume, the upper one mostly wanting. Palese of the perfect flower coriaceous. Grain mostly grooved or flattened on the outside. Flowers in spikes or panicles. * Lower glume and upper palea of the sterile flower wanting (the spikelet appearing like a single flower, with 2 glumes and 2 paleae). 47. PASPALUM. Spikelets alike, plano-convex, in 1-sided spikes. 548 GRAMINE^E. (GRASS FAMILY.) 48. A\|fPHICARPTJM. Spikelets of two kinds ; one disposed in a terminal panicle, perfect but seldom fruiting ; the other fruitful, on long solitary radical peduncles. * * Glumes 2, the lower one often minute, rarely wanting. 49. PANICUM. Spikelets single, without a bristly or spiny involucre. 50. SETARIA. Spikelets crowded in spike-like panicles, subtended by a bristle-like involucre. 61. CENCHRUS. Spikelets single, or few in a cluster, enclosed in an indurated and spiny in- volucre. Spikelets spiked. 52. STENOTAPHRUM. Spikes and spikelets mostly as in Rottboellia, but the flowers as in Panicum. TRIBE IX. ROTTBOELiIjIACE^E. — Spikelets 1 - 2-flowered, by pairs, imbedded in an excavation of the thick and jointed rachis, one stalked and imperfect, the other sessile and perfect ; or the upper spikelets all staminate and the lower pistillate. Lower glume coriaceous or cartilaginous. Palese awnless. 53. ROTTBCELLIA. Spikelets 2 on each joint, one stalked and sterile, the other sessile and perfect. 54. MANISURIS. Spikelets 2 on each joint, the one at the top of the joint sterile, the other at the base globose and fertile. 55. TRIPSACUM. Tipper spikelets by pairs, all staminate ; the lower ones single, and pis- tillate. TRIBE X. AlVDROPOGONE^. — Spikelets 2 - 3 on each joint of the slender hairy or plumose rachis. Glumes more rigid than the thin-awned palese. 56. ANDROPOGON. Spikelets 2 on each joint of the plumose or hairy rachis, one sessile and perfect, the other stalked and imperfect or rudimentary. 57. ERIANTHUS. Spikelets 2 on each joint of the rachis, both fertile and surrounded by a hairy involucre. 58. SORGHUM. Spikelets panicled, 2-3 together, the lateral ones rudimentary. 1. LEEBSIA, Swartz. FALSE RICE. Perennial aquatic or marsh grasses, with the leaves and sheaths roughened with minute recurved points, the 1 -flowered (whitish) spikelets crowded in 1-sided panicled racemes. Pedicels jointed. Glumes none. Palese 2, charta- ceous, strongly compressed, fringed on the keel, the lower one much wider. Stamens 1 - 6. Stigmas 2. Grain compressed. 1. L. oryzoides, Swartz. Panicle large, diffuse; spikelets oblong, flat, loosely imbricated; stamens 3. — Ditches and swamps, Florida, and northward. July and Aug. — Culm 3° - 4° long, commonly prostrate at the base. Leaves spreading. Base of the panicle mostly enclosed in the sheath of the subtending leaf. Spikelets strongly fringed, about 3" long. 2. L. Virginica, Willd. Panicle nearly simple, the lower branches spread- ing ; spikelets small, concave, sparingly fringed, closely imbricated ; stamens 1-2. (L. imbricata, Lam. ?) — Swamps and margins of streams, Florida, and northward. July and Aug. — More slender than the last, and with spikelets half as large. 3. L. lenticularis, Michx. Panicle diffuse ; spikelets oval, flat, strongly fringed, closely imbricated ; stamens 2. — Ponds and swamps, Florida to North Carolina, and westward. Aug. — Culm 2° - 3° long. Leaves widely spread- ing, somewhat glaucous. Spikelets 3" long. GRAMINE^E. (GRASS FAMILY.) 549 4. L. hexandra, Swartz. Panicle contracted, erect, simple; spikelets lanceolate or oblong ; stamens 6. — In lakes and ponds, often in deep water, Florida, and westward. July and Aug. — Culms slender, l°-6° long, mostly branching. Leaves narrow, rather rigid. Panicle 2' - 3' long, exserted. Spike- lets short-fringed, 2" long, loosely imbricated. » 2. ZIZANIA, Gronov. WILD RICE. Rank water grasses, with broad flat leaves, and large diffuse panicles of mo- noecious 1 -flowered spikelets, on club-shaped jointed pedicels. Glumes none, or reduced to a cup-shaped ring at the base of the spikelet Paleas 2, membrana- ceous, the lower one rough-awned in the pistillate spikelet Stamens 6. Stig- mas elongated, brush-shaped. Grain cylindrical, free. 1. Z. aquatic a, L Lower portion of the panicle staminate and widely spreading, the upper pistillate and erect, with straight branches ; awn straight, elongated ; styles 2 ; grain linear. — Deep marshes and ponds, Florida, and northward. July. — Culms 4°- 8° high. Leaves rough beneath. Panicle 1°- 2° long. 2. Z. miliacea, Michx. Panicle diffuse ; staminate and pistillate spike- lets intermixed ; awns short ; styles united, elongated ; leaves smooth, with rough edges ; grain oval. — With the preceding. April and May. — Culms 4° - 6° high. Leaves somewhat glaucous. 3. HYDROCHLOA, Beauv. A small floating or creeping grass, with short oblong-linear flat leaves, and simple spikes of small monoecious 1 -flowered (white) spikelets, mostly included in the sheaths of the upper leaves. Spikelets 3-4 in a spike, the upper one staminate and exserted. Glumes none. Paleae 2, hyaline, the lower one emar- ginate, the upper acute. Stamens 6. Styles 2 : stigmas elongated. Grain ovoid, free. 1. H. Carolinensis, Beauv. (Zizania fluitans, Michx.) — Floating in still water or creeping on muddy banks, Florida to North Carolina. July and Aug. — Culm filiform, branching, £° - 2° long. Leaves 1; - 2' long. 4. ALOPECURUS, L. FOXTAIL GRASS. Flat-leaved grasses, with the 1 -flowered spikelets closely crowded in a simple spike-like cylindrical panicle. Glumes 2, compressed, boat-shaped, sharply keeled, united below, awnless. Lower palca compressed, awned on the back below the middle, the upper wanting. Stamens 3. Styles 2, rarely united be- low. Grain free, smooth and lenticular. 1..A. geniculatus, L. Low; culms ascending, bent at the lower joints; awn longer than the obtuse hairy glume. — Wet cultivated grounds, Florida and northward. April. — Culms 6' - 12' high. Leaves 2' - 4' long, with the sheaths shorter than the joints. Spikes !'-!£' long. 550 GRAMINE^E. (GRASS FAMILY.) The MEADOW FOXTAIL (A. pratensis, L.), a taller species (2°-3° high), with acute glumes, is scarcely spontaneous at the South. The same observation applies to the TIMOTHY or HERD'S-GRASS (Phleum pratense, L.), which differs from Alopecurus in having two paleae and awned glumes. 5. SPOROBOLUS, Brown. DROP-SEED GRASS. Tough wiry and tufted or creeping perennial grasses, with narrow leaves, and 1-flowered awnless spikelets, disposed in open, or crowded in spiked panicles. Glumes 2, membranaceous, unequal, the lower one shorter. Paleae 2. mostly longer than the glumes, and of the same texture. Stamens 3. Styles 2. Grain oval or globose, loose in the thin membranaceous pericarp, deciduous. Panicles exserted. * Panicles open. 1. S. junceus, Kunth. (WIRE-GRASS.) Panicle narrow, the short and spreading branches whorled ; spikelets on one side of the branches, short-stalked ; glumes smooth, the upper one acute, 2-3 times longer than the lower, and about equal to the obtuse paleae ; culms ("1° ~ 2° h'gn) erect ; leaves chiefly radical, fili- form and elongated, involute, those of the culm short and remote. (Agrostis juncea, Michx.) — Dry pine barrens, common. April and May, and often in October. 2. S. Floridanus, n. sp. Panicle diffuse, large; spikelets (purplish) on long hair-like stalks ; glumes acute, the lower one barely shorter than the obtuse paleae, the upper one a third longer ; leaves rather rigid, flat, pungent, very rough on the edges. — Low pine barrens, Middle and West Florida. September. — Culm 2° - 4° high. Leaves 1° - 2° long. Panicle 1° - 1£° long. * * Panicles spiked. 3. S. Indicus, Brown. Culms erect; panicle elongated, linear; leaves long, flat ; palese twice as long as the glumes, the upper one truncated. (Agrostis Indica, L.) — Waste places, Florida to North Carolina. May - Sept. — Culms 2° -3° high. Leaves with bristle-like summits. Panicle 6' -18' long, turning blackish. Spikelets crowded on the short appressed branches. 4. S. Virginicus, Kunth. Culms creeping, short-jointed, the short and mostly clustered branches erect; leaves 2-ranked, soon convolute, short and rigid ; panicle small, lanceolate ; glumes nearly equal, acute, rather longer than the palese. (Agrostis Virginica, L.) — Saline marshes and banks along the coast, Florida to North Carolina. July and Aug. — Flowering stems 6' -12' high. Leaves 2' - 4' long. Panicle 1'- 2' long, pale or purple. 6. VILPA, Adans. RUSH-GRASS. Panicles contracted or spiked, more or less included in the sheaths of the leaves. Grain oblong or linear, adherent to the closely investing pericarp. Otherwise as in Sporobolus. 1. V. aspera, Beauv. Perennial; culms tall and slender; leaves elon- gated, rough above, bristle-like at the summit; panicles partly included in the GRAMINE^E. (GRASS FAMILY.) 551 upper sheaths ; palese rough-hairy, unequal, awl-pointed, 2-3 times as long as the rough-keeled glumes and linear grain. (Agrostis aspera, Michx. A. clan- destina, Spreng.) — Dry sandy soil, Florida, and northward. July and Aug. — Culms 2° - 3° high. Sheaths hairy at the throat. 2. V. vaginsefiora, Torr. Annual; culms low, clustered, bearing con- cealed panicles at every joint, the terminal one partly exserted ; leaves short, smoothish ; paleae ovate, smooth, one third longer than the smooth glumes and oval grain. (Agrostis Virginica, Muhl. Crypsis Virginica, Nutt.) — Dry bar- ren soil, North Carolina, and northward. September. — Culms 6' -12' high. Leaves 2' - 4' long. • 7. AGROSTIS, L. BENT-GRASS. Tufted usually tender grasses, with flat and narrow leaves ; the small 1 -flowered spikclets racemose on the hair-like clustered branches of the open panicle, on thickened pedicels. Glumes 2, nearly equal, longer than the paleae. Paleae 2, the lower one commonly awned on the back, 3 - 5-nervcd, the upper 2-nerved, occasionally minute or wanting. Stamens 1-3. Styles or stigmas 2. Grain free. § 1. TRICHODIUM. Upper palea minute or wanting, the lower awnless, shorter than the unequal acute rough-keeled glumes. 1. A. elata, Trin. Culms stout, erect ; leaves flat (l"-2" wide) ; branches of the panicle flower-bearing above the middle. (A. dispar, Michx.?) — Swamps, North Carolina, Curtis. September. 1J. — Culms 2° -3° high. Panicles large and diffuse. 2. A. perennans, Gray. Culms slender, decumbent at the base ; leaves flat (I"- 2" wide); branches of the panicle short, flower-bearing from below the middle ; spikelcts whitish. (T. perennans, Ell.) — Swamps and river-banks, Florida, and northward. July and Aug. }J. — Culms l°-2° high. 3. A. SCabra, Willd. Culms slender, erect ; leaves short ; branches of the panicle long, hair-like, hispid, bearing the purple spikelets near their summits. (T. laxiflorum, Ell.) — Sterile soil, Florida, and northward. June and July. (£) — Panicle usually as long as the culm. § 2. AGROSTIS PROPER. Upper palea manifest : the lower commonly awned on the back. 4. A. alba, L. Culms ascending from a creeping base ; panicle spreading in flower, contracted in fruit; glumes (whitish) nearly equal, rough-keeled; pa- leae hairy at the base, the lower twice as long as the upper one, awnless or short- awned. — Damp soil, Florida, and northward. Introduced. — Culms l°-3° long. 5. A. rupestris, All. Culms slender, erect ; panicle small, oblong, with erect .smooth branches ; glumes lanceolate, nearly equal, rough-keeled ; lower palea one third shorter than the glumes, short-awned below the middle, the upper one minute. — High mountains of North Carolina, and northward. July. — Culms 1° high. GRAMINE^E. (GRASS FAMILY.) 6. A. arachnoides, Ell. Culms and leaves very slender; panicle con- tracted, weak and drooping ; glumes nearly equal, lanceolate, rough on the keel and margins; upper palea minute, the lower with two minute bristles at the truncated apex, and a long and very fine awn on the back above the middle. — Near Orangeburg, South Carolina, Elliott, and westward. April and May. Ij. — Culms 1° high. 8. POLYPOGON, Desf. BEARD-GRASS. Flat-leaved chiefly annual grasses, with the 1-flowered spikelets stalked, and crowded in. close clusters into a terminal spiked panicle. Glumes 2, equal, awned, and much longer than the palea?, of which the lower one is truncated and toothed at the apex, and often short-awned. Stamens 3. Stigmas 2. Grain elliptical, free. 1. P. maritimilS, Willd. Culms simple (6' -8' high); glumes pubescent, hispid on the keel, one third as long as the slender awns ; lower palea 4-toothed, unawned. (Phleum pratense, Ell., Herb.) — Sea-shore of North and South Carolina. Introduced. 9. CINNA, L. Tall perennial grasses, with broad leaves, bearing the 1-flowered compressed spikelets in a large compound terminal panicle. Glumes unequal, lanceolate, acute, the sharp keel hispid-serrulate. Palese 2, raised on a stalk, smooth, the lower one short-awned on the back below the apex. Stamen 1. Grain linear- oblong, free. 1. C. arundinacea, L. Culms (2° -7° high) simple; leaves linear- lanceolate (^' wide) ; branches of the panicle in fours or fives, erect in fruit; spikelets often purplish (2^" -3" long). — Shaded swamps, Georgia, and north- ward. — Panicle 6' - 1 5' long, rather dense. — Var. PENDULA, Gray. Cnlms and branches of the drooping panicle more slender ; pedicels very rough ; spikelets smaller ; glumes and paleae thinner. — Mountains of North Carolina, Curtis. 1O. MUHLENBERGIA, Schreb. DROP-SEED GRASS. Spikelets 1-flowered. Glumes persistent, pointed or awned, equal, or the lower one smaller. Paleae 2, sessile in the glumes, commonly hairy at the base, deciduous with the enclosed grain ; the lower one 3-nerved and mucronate or awned at the apex. Stamens 3. § 1 . MUHLENBERGIA PROPER. — Spikelets commonly much crowded, in lat- eral and terminal panicles, short-stalked: culms branching : leaves Jlat. 1. M. Mexicana, Trin. Panicles oblong, dense ; glumes unequal, lance- olate, ending in slender hispid awn-like points, the npper one as long as the awnless paleae. (Agrostis lateriflora, Michx.) — Damp soil, North Carolina, and northward. June and July. — Culms ascending, much branched. 2. M. Willdenovii, Triu. Culms sparingly branched, erect; panicles linear ; spikelets scattered ; palese twice as long as the nearly equal short-pointed GRAMINE^E. (GRASS FAMILY.) 553 glumes, the lower one with an awn 3-4 times as long as the spikclct. (Agros- tis tenuiflora, Willd.) — Dry rocky soil in the upper districts. July and Aug. — Culms 3° high. 3. M. diffusa, Schreb. Culms diffusely branched, low ; panicles long and slender ; glumes very small, the upper one truncated ; awn of the palca twice as long as the spikelct. — Shaded waste places, Florida, and northward. Aug. and Sept. — Culms 1° - 1£° high. § 2. TRICHOCHLOA. — Panicle terminal, diffuse: spikelets on long and hair- like stalks : culms tall and simple. 4. M. capillaris, Kunth. Leaves rigid, elongated, convolute; panicle erect, the long and purple glossy branches and spikelets drooping ; glumes nearly equal, half as long as the paleaa, the lower one awned ; palea? unequal, the up- per one barely awned, the lower 3-awned, with the middle awn many times longer than the spikelct. — Varies with both glumes long-awned. (M. filipes, Curtis.) — Sandy soil along the coast, and sparingly in the interior, Florida, and northward. Aug. and Sept. — Culms 2° -4° high. 5. M. trichopodes. Culms and leaves filiform, elongated ; panicle erect, oblong ; spikelets linear, on spreading stalks ; paleas twice as long as the nearly equal awnless glumes, ribbed ; the lower one tipped with a short awn, and with the two lateral nerves slightly percurrent, hairy at the base. (Agrostis tricho- podes, Ell. — Low pine barrens, Florida to North Carolina. Sept. ty — Culms 2° - 3° high. Panicle rarely purplish. Leaves flat. 11. BRACHYELYTRUM, Beauv. A perennial erect grass, with a simple slender culm, flat lanceolate leaves, and a loose lanceolate simple panicle of large (^' long) 1-flowcred spikelets. Lower glume obsolete, the upper minute, persistent and awnless. Palcas rigid, rough with short bristly hairs, the lower one concave, 5-ribbed, tapering into a long straight awn, and enclosing the shorter 2-pointed upper one. An awn-like pedicel of a second flower is applied to the back of the upper palea. Stamens and long stigmas 2. Grain linear. 1. B. aristatum, Beauv. (Muhlenbergia erecta, Schreb.) — Dry rocky places, Florida, and northward. July. — Culms solitary, 2° -3° high. 12. CALAMAGROSTTS, Adans. REED BENT-GRASS. Perennial grasses, with rigid erect simple culms, bearing a loose or contracted panicle of 1 -flowered spikelets, with the hairy pedicel of a second flower at the back of the upper palea. Glumes 2, nearly equal, keeled, longer than the paleae. Palese 2, bearded at the base with long hairs, the lower one awned on the back. Stamens 3. Grain free. § 1. CALAMAGROSTIS PROPER. — Glumes and palece membranaceous, the former boat-shaped : panicle open or loose. 1. C. coarctata, Torr. Panicle contracted, lanceolate; glumes lance- olate, awl-pointed, rough-keeled, with a purple stripe near the margins ; lower 47 554 GRAMINE.E. (GRASS FAMILY.) palea 5-nerved, rough-keeled, about as long as the awn, much longer than the hairs at the base. — Swamps, North Carolina, and northward. Aug. and Sept. — Culms 2° -3° high. Leaves somewhat glaucous. Panicle £° long, purplish. § 2. AMMOPHILA. — Glumes and palece somewhat coriaceous: panicle spike-like. 2. C. arenaria, Roth. Culms and elongated convolute leaves rigid ; pan- icle long (5' -9'), cylindrical; lower palea 5-nerved, obscurely awned, 3 times as long as the hairs at the base. — Sandy sea-shore, North Carolina, and north- ward. Aug. — Root-stock creeping. Culm 2° -3° high. Spikelets, like the whole plant, whitish, %' long. 13. STIPA, L. FEATHER-GRASS. Perennial grasses, with convolute leaves, and loose panicles of 1 -flowered spikelets, with very long awns. Glumes 2, membranaceous, nearly equal, awn- less and persistent. Palese coriaceous, involute, raised on an obconical bearded stalk, the lower one with a twisted or contorted awn jointed with its apex. Sta- mens 3. Grain terete, enclosed in the palea}. 1. S. avenacea, L. Culms ( 1° - 2° high) clustered ; leaves narrowly linear, rough, the lowest elongated ; awn pubescent, bent in the middle, many times longer than the dark-brown palea. — Dry soil, Florida, and northward. April. 14. STREPTACHNE, R. Brown. Grasses with the habit of Aristida. Spikelet 1 -flowered ; flower stalked. Glumes 2, loose, awnless. Palcee 2 ; the exterior cylindrical-involute. Awn terminal, simple, jointless, twisted below ; the inner palea included, awnless. Stamens 3. Styles 2. Stigmas plumose. 1. S. ? Floridana, n. sp. Culms (2° high) simple, slender, erect; leaves long, filiform, convolute, smooth; sheaths hairy at the throat; panicle (1° long) narrow, erect, the rough branches by pairs, scattered ; spikelets short-stalked ; glumes equal, linear, purple, 1 -nerved, the lower one awn-pointed, hispid-serru- late on the back, the upper smooth, truncated, mucronate-awned ; palese raised on a slender bearded stalk, smooth, shorter than the glumes ; the lower one lin- ear-subulate, gradually tapering into the long compressed curved awn, convo- lute, and enclosing the capillary inner one. — South Florida, Dr. Blodgett. 15. ARISTIDA, L. WIRE-GRASS. Dry and harsh perennial grasses, growing in barren soil, with narrow leaves, racemose or spiked-panicled 1 -flowered spikelets nearly as in Stipa, but the lower palea ending in a triple awn, which is continuous with its apex (except in No. 9). Upper palea minute. Grain linear. * Glumes unequal, the upper one shorter. 1. A. lanata, Poir. Culms stout (2° -3° high), simple; leaves flat, rough on the upper side, the sheaths, like the axils of the loose panicle, woolly ; lower palea (4" long) as long as the upper glume and lateral awns, and one half as (GRASS FAMILY.) 555 long as the middle one. — Dry pine barrens, Florida to North Carolina. July and Aug. — Lower palea spotted with purple. 2. A. purpurascens, Poir. Culms (l£°-2° high) slender, sparingly branched ; sheaths smooth ; glumes sometimes nearly equal, purple ; lower palea (3" long) £-J as long as the nearly equal awns. — Dry soil, Florida, and northward. Aug. — Panicle slender, 1° long, with the branches appressed. * * Glumes equal, or the upper one longer. 3. A. gracilis, Ell. Culms much branched at the base, very slender; leaves flat ; panicle very narrow, with distant appressed branches ; middle awn rather longer than the rough and spotted lower palea, the lateral ones much shorter ; glumes nearly equal. — Dry gravelly soil, Florida to North Carolina. Aug. — Culms (with the panicle) 6' - 12' high. Spikelets purple. 4. A. virgata, Trin. Culms (2° -3° high) branched near the base; leaves flat, rigid; panicles (1° long) loose; glumes nearly equal; middle awn spread- ing, twice as long as the erect lateral ones, and four times the length of the short (2" long) lower palea, — Diy soil, Florida to North Carolina. Var? palustris. Every way larger (3° -5° high), with the panicle l£°- 2£° long, and the straight awns nearly equal. — Margins of pine-barren ponds, West Florida. Aug. and Sept. 5. A. Stricta, Michx. Culms (2° -3° high) tufted, simple, straight; leaves chiefly radical, filiform, involute, rigid, hairy at the base; panicle (1° long) spiked ; lateral awns as long as the lower palea, the middle one one third longer. — Dry sandy ridges in the pine barrens, very common. June and July. 6. A. dichotoma, Michx. Culms low, fork-branched ; leaves filiform, erect; panicle (2' -3' long) spiked; glumes purple, longer than the paleae and the very short and erect lateral awns, the middle awn shorter than the palea), spreading. — Dry soil in the upper districts. Aug. and Sept. — Culms 6'- 12' high. 7. A. spiciformis, Ell. Culms simple, rigid, erect (l°-l£° high); leaves rigid, erect, convolute, smooth ; panicle spiked ; glumes much shorter than the long (!') very slender paleae, the upper one twice as long as the lower ; awns nearly equal, widely spreading, the middle one as long as the paleai. — Low pine barrens, Florida to South Carolina. Aug. and Sept.— Panicles 2' - 4' long, at length twisted. 8. A. oligantha, Michx. Culms (l°-2° high) branched, slender; leaves filiform, convolute ; spikelets scattered, single or by pairs, in a simple terminal raceme ; glumes nearly equal, longer than the paleae ; middle awn very long (2'), rather longer than the lateral ones, and 2-3 times the length of the palese. — South Carolina or Georgia, Nuttall. Sept. 9. A. tuberculosa, Nutt. Culms rigid, branching (l°-l£° high) ; leaves flat; glumes nearly equal, longer than the paleae, bristle-awned ; awns (2' long) equal, jointed with the paleae, twisted below, then widely spreading, several times longer than the palea. — Dry ridges, in the middle districts of Georgia. Sept. — Panicle simple. 556 GRAMINE^E. (GRASS FAMILY.) 16. SPARTINA, Schreb. MARSH-GRASS. Rigid perennial grasses, growing chiefly in saline marshes, with simple culms, concave or convolute leaves, and flattened 1 -flowered spikelets, closely imbricated in two rows on one side of the triangular rachis, forming appressed or spreading alternate spikes. Glumes 2, unequal, acute or short-awned, commonly bristly- serrulate on the keel ; the upper mostly longer than the unequal awnless palese. Stamens 1-3. Styles long, united below, or nearly distinct. Grain free. * Leaves convolute, rusk-like. 1. S. juncea, Willd. Spikes 3-9, remote, erect; glumes hispid-serrulate on the keel, the upper 2-3 times longer than the lower one ; lower palea, and sometimes the upper also, rough above. — Sandy or marshy places along the coast, Florida, and northward. July and Aug. — Culms l°-3° high. Leaves pungent. Spikes 1'- 2' long. Stamens 1-3. 2. S. gracilis, Hook. Spikes 15-30, closely imbricated in a cylindrical spike, the lowest rather distinct ; glumes hispid on the back, the upper one third longer than the lower one, obtuse, mucronate ; palese obtuse, the lower rough on the back, the upper smooth. — Sandy saline swamps, West Florida. July and Aug. — Culms (l°-2°high) and rush-like leaves very rigid. Common spike 4' - 6' long. Proper spikes 4" - 6" long. * * Leaves concave or flat. 3. S. polystachya, Willd. Spikes numerous, spreading ; upper glume and nearly equal palese slightly roughened, 2-3 times longer than the lower one; leajpes broad (£'-!£')> concave, very rough on the margins. — Brackish marshes, Florida to North Carolina. Aug. and Sept. — Culms stout, 4° - 8° high. Spikes 2' - 3' long, racemed. 4. S. glabra, Muhl. Spikes numerous, appressed to the common rachis ; upper glume linear, obtuse, 3 times the length of the lower one, and, like the palea?, very smooth ; leaves concave, smooth on the margins. — Salt marshes, Florida, and northward. Aug. and Sept. — Culms 2° - 4° high. Leaves nar- rower than the last, elongated. 17. GYMNOPOGON, Beauv. Low perennial grasses, with Sfcort and crowded distichous spreading leaves. Spikelets appressed, scattered on the straight and at length reflexed branches of the simple panicle, consisting of one perfect flower, and the awn-like pedicel of a second flower above. Glumes 2, subulate, hispid-serrulate. Palese 2, shorter than the glumes, the lower one awned under the apex. Stamens 3. 1. G. racemosus, Beauv. Culms (1° high) rigid; leaves lanceolate (l^'-2' long) ; branches of the panicle bearing the linear spikelets from the base to the summit ; awn 2-3 times the length of the palese and the pedicel of the sterile flower. ( Andropogon ambiguus, Michx.) — Var. FILIFORMIS has nar- rower leaves, the spikelets borne above the middle of the branches, and the awns and sterile pedicel shorter than the palese. — Dry sandy soil, Florida, and north- ward. Sept. and Oct. GRAMINEvE. (GRASS FAMILY.) 557 18. EUSTACHYS, Dcsv. Chiefly tropical grasses, with compressed culms and sheaths, distichous flat or folded obtuse leaves, and digitate rarely single spikes. Spikelets 2 - 3-flowercd, imbricated or crowded in 2 rows on one side of the triangular rachis ; the lowest flower perfect and sessile, the upper ones staminate or neutral, and stalked. Glumes 2, membranaceous, persistent, the upper (exterior) one short-awned. Paleae coriaceous, the lower one boat-shaped, mucronate-awned under the apex, the upper (mostly wanting in the sterile flowers) unawned. Stamens 3. Grain free. 1. E. petrsea, Desv. Culms (l°-2°high) clustered, erect; leaves glau- cous ; spikes 3 - 5 ; spikelets 2-flowered ; glumes hispid, the upper oblong, deeply emarginatc ; lower palea dark brown, hairy on the keel and margins, bearded at the base ; sterile flower neutral, club-shaped, awnless. — Damp soil along the coast, Florida to North Carolina. May -Aug. )]. — Leaves 3' -5' long. Spikes erect. Spikelets roundish. 2. E. glauca, n. sp. Culms stout (3° -5° high), and, like the broad (6" -8" long) leaves, smooth and glaucous; spikes about 20; spikelets roundish, 2-flowered; glumes hispid, the upper lanceolate, entire; palea dark brown, smooth ; upper flower obovate, short-awned. — Brackish marshes, "West Florida, Aug. and Sept. © — Culms £' wide at the base. Leaves l£° - 2° long. 3. E. Floridana, n. sp. Culms slender (2° high) ; leaves (2' -4' long) glaucous ; spikes single or by pairs ; spikelets light brown, 3-flowered, the mid- dle flower staminate ; glumes smoothish, truncate, oblong ; lower palea of the perfect flower hairy on the keel and margins, distinctly awned ; sterile flowers obovate, smooth, the lower one short-awned. — Dry pine barrens, Middle Flor- ida. July -Sept. 1\|. — Spikelets larger than in the two preceding. 19. CYNODON, Richard. BERMUDA-GRASS. Diffusely creeping grasses, with short and erect flowering stems, and flat leaves. Spikes digitate, 1-sided. Spikelets crowded, awnless, 2-flowered; the lower flower perfect, the upper an awn-like pedicel. Glumes 2, membranaceous, nearly equal. Palese 2, membranaceous, the lower one larger and keeled. Sta- mens 3. Grain free. 1. C. Dactylon, Pers. Spikes 3-5, filiform, purple; glumes rough- keeled ; palese longer than the glumes, the lower one boat-shaped, and hairy on the keel ; anthers and stigmas purple. (Digitaria Dactylon, Ell.) — Waste places. Introduced. — Culms perennial. Leaves 2' -4' long. Spikes l'-2' long, filiform. 20. CTENIUM, Panz. Flat-leaved grasses, with the erect culms terminated by a single falcate spike. Spikelets 4 - 5-flowered, crowded in two rows on the lower side of the flattened rachis ; the two lower sterile, of 1 - 2 paleae which are awned under the apex, and similar to the third perfect one; the upper ones (1-2) abortive and awn- 47* 558 GRAMINE^E. (GRASS FAMILY.) less. Glumes 2, membranaceous, very unequal ; the larger upper one with a spreading awn or tubercle on the back. Palese of the perfect flower membrana- ceous ; the lower one awned below the apex, and densely ciliate on the margins. Stamens 3. Ovary smooth. Styles terminal : stigmas elongated, plumose, with simple hairs. Grain free. 1. C. Americanum, Spreng. Root pungent; culm (2° -3° high) rough, like the narrow leaves; spike at length recurved or coiled (3' -4' long) ; upper glume granular on the back; the stout awn spreading horizontally. (Monocera aromatica, Ell) — Low pine barrens, Florida to North Carolina. July and Aug. H. 21. DACTYLOCTENIUM, Willd. CROWFOOT-GRASS. Annual creeping or spreading branching grasses, with flat leaves and digitate rarely single spikes. Spikelets 2 - several-flowered, crowded on one side of the flattened rachis ; the uppermost flower imperfect. Glumes 2, compressed-keeled, membranaceous ; the upper (exterior) awn-pointed. Pales 2, boat-shaped, pointed. Stamens 3. Stigmas plumose, with branching hairs. Grain round- ish, rugose, free. 1. D. JEgyptiacum, "Willd. Culms ascending from a creeping base; leaves fringed ; spikes commonly 4, awn-pointed ; spikelets 3-flowered. (Eleu- sine? cruciata, Ell.} — Cultivated ground, common. Introduced. — Culms nu- merous, 1° high. Spikes 1'- 2' long. 22. ELETJSINE, Gart. Characters chiefly of Dactyloctenium, but the narrower glumes and palese obtuse and awnless. Stigmas plumose, with simple hairs. Spikelets closely imbricated. — Low annuals. 1. E. Indica, Gaert. — Cultivated ground, very common. Introduced. Culms (6' -18' high) flattened; leaves flat; spikes 2 -several, the lower ones sometimes scattered (2' -4' long) ; spikelets 6-flowered. 23. LEPTOCHLOA, Beauv. Flat-leaved grasses, with the numerous spikes disposed in a terminal raceme. Spikelets sessile, loose on one side of the elongated filiform rachis, 3 - many- flowered. Glumes 2, membranaceous, unequal, keeled. Paleae 2, membrana- ceous ; the lower one longer than the upper, 3-nerved, awned or unawned. Stamens 3. Grain oblong, free. § 1. LEPTOCHLOA PROPER. — Loiver palea unawned. 1. L. mucronata, Kunth. Culms 2° -3° high; sheaths of the broad (4"-» 6" wide) rough leaves hairy; spikes numerous, in an elongated raceme, 2' -4' long, spreading; spikelets minute, 3 - 4-flowered ; glumes mucronate, longer or shorter than the flowei's ; lower palea smooth, emarginate. (Eleusine mucro- nata, Michx.) — Cultivated fields, Florida, and northward. Aug. - Sept. © GRAMINE^E. (GRASS FAMILY.) 559 2. L. dllbia, Nees. Culms 2° high, slender ; leaves elongated, filiform, with smooth sheaths ; spikes 6 - 10, somewhat corymbose ; spikclets distant on the filiform rachis, 6-flowcrcd ; glumes lanceolate, nearly equal, serrulate on the keel, shorter than the awnless soon spreading flowers ; palea} fringed on the mar- gins, the lower one truncate or emarginate. — South Florida. § 2. DIPL ACHNE. — Lower palea 2-cleJl, 1 - 3-awned. 3. L. polystachya, Kunth. Culms £°-4° long, mostly prostrate and rooting at the lower joints, much branched ; raceme partly included in the sheaths of the elongated leaves ; spikes numerous, approximate, erect, 3' - 5' long; spikelets lanceolate, 8- 10-flowered ; glumes unequal, shorter than the flowers ; lower palea hairy on the margins below, 3-awned ; the lateral awns minute, the middle one about as long as the palea. (Festuca polystachya, Michx.) — Brackish swamps along the coast, Florida, and northward. Sept (T) 4. Ii. Domingensis, Link.? Culms erect, simple, straight and slender; leaves narrowly linear or filiform, shorter than the culm ; spikes 6-12, scattered, exscrted ; spikelets lanceolate, 6 - 8-flowered ; glumes unequal, acute, rough- keeled ; lower palea hairy on the margins, much longer than the single rough awn. — South Florida. Oct. — Culms 1° - 1£° high. • 24. TRICUSPIS, Beauv. Perennial grasses, with tall, erect, simple culms, from a thick and scaly root- stock, elongated rigid leaves, and ovate or lanceolate 5 - 7-flowered stalked spike- lets, disposed in a simple or compound open panicle. Glumes 2, smooth, emar- ginate, shorter than the crowded flowers. Palea} 2, 2-cleft, the lower one shortly 3-awned by the percurrent hairy nerves, bearded at the base. Stamens 3. Grain obovate -oblong, free. 1. T. sesslerioides, Torr. Panicle ample and diffuse, or contracted and erect, bearded in the axils ; spikelets terete, lanceolate, mostly purple ; lower palea with two awn-like teeth similar to the three short awns. (Poa quinquifida, Pursh.) — Dry soil, Florida, and northward. Aug. and Sept. — Culms 3° -5° high. Sheaths often hairy. 2. T. ambigua. Panicle short, nearly simple, spreading, smooth in the axils, clammy ; spikes ovate or roundish, compressed ; teeth of the lower palea obtuse, wider than the three short awns. (Poa ambigua, Ell.) — Low pine bar- rens, Florida to South Carolina. August. — Culms 2° -3° high. 25. TRIPLASIS, Beauv. Low tufted fibrous-rooted grasses, with branching culms, linear-subulate leaves, and few 4-flowered purple spikelets, disposed in reduced lateral and terminal panicles. Flowers scattered on the slender rachis. Glumes 2, lanceolate, smooth. Paleae 2, hairy on the margins ; the lower one 2-cleft, with a bearded or plumose awn between the teeth ; the upper concave, 3-toothed. Stamens 3. Grain free. 1. T. Americana, Beauv. Culms erect, 1° - 1£° high ; leaves and sheaths hairy; lateral panicles included; awn of the lower palea plumose, much longer 560 GRAMINE.E. (GRASS FAMILY.) than the awn-pointed teeth. (Uralepis comma, Ell.) — Dry sandy soil, Florida to North Carolina. Aug. and Sept. ty. 2. T. purpurea. Culms procumbent or ascending, 1°-1\|° long; leaves and sheaths smooth or roughish ; lateral panicles included ; awn of the lower palea bearded, about as long as the obtuse teeth, and much shorter than the paleae. (Aira, Ett. Uralepis purpurea, Nutt.) — Drifting sands along the coast, Florida, and northward. Aug. -Oct. — Leaves 1'- 4' long. Spikelets bright purple. 26. EATONIA, Kaf. Slender erect and tufted grasses, with narrow leaves, and small smooth (not hairy) spikelets of pale flowers in a racemose or spicate panicle. Spikelets awn- less, 2 - 5-flowered, the uppermost flower usually an awn-like pedicel. Glumes membranaccous, shorter than the flowers ; the lower one linear and 1-nervcd ; the upper obovate, 3-nerved. Paleae unequal, the lower one obtuse. Stamens 3. Grain linear-oblong. 1. E. Obtusata, Gray. Panicle dense, spike-like, the 2-flowered spikelets much crowded on the short erect branches ; glumes rough on the back, the upper one round-obovate, somewhat truncate, rather rigid ; lower palea lanceolate- oblong, obtuse, rough-keeled. (Aira obtusata, Michx.) — Dry soil, Florida, and northward. April and May. 1\|. and (J) — Culms l°-2° high. 2. E. Pennsylvanica, Gray. Panicle slender, loose, the 2-3-flowered spikelets scattered on the slender branches ; glumes slightly roughened on the back, the upper one obovate, obtuse, or abruptly short-pointed ; lower palea ob- tuse ; leaves flat, with the sheaths smooth, rough, or soft-downy. (Aira mollis, Ell) — Upper districts. April. 1J. — Culms 1 ° - 2° high. Var. ? filiformis. Culms 1° high, very slender, barely longer than the fili- form involute leaves ; panicle linear, loose ; spikelets scattered, mostly 3-flowercd, the flowers distant on the rachis, the lowest one and glumes nearly smooth. ( Aira mollis, var. Ell.) — Dry pine barrens, Florida to South Carolina. March. 27. MELICA, L. Perennial grasses, with flat leaves, and 3 - 5-flowered spikelets of large flowers in a simple panicle. Flowers awnless, the upper ones imperfect. Glumes mcm- branaceous, unequal, convex, obtuse, scarious on the margins, many-nerved. Palese similar to the glumes ; the upper one smaller, concave on the back. Sta- mens 3. Grain free. 1. M. mutica, Walt. Culms l°-2°high; leaves and sheaths smoother rough-pubescent ; panicle loose, of few nodding racemose spikelets ; upper flow- ers imperfect, truncate-obovate ; palea roughish. (M. glabra, Michx.) — Dry open woods, Florida, and northward. April. 28. GLYCERIA, Brown. Smooth perennial marsh or water grasses, with flat leaves, nearly entire sheaths, and terete or tumid many-flowered spikelets disposed in a simple or compound GRAMINE.E. (GRASS FAMILY.) 561 panicle. Rachis jointed. Glumes membranaceous, obtuse, persistent. Palese nearly equal, somewhat chartaceous, obtuse, early falling away with the separat- ing joints of the rachis ; the lower one naked, convex, 7-nerved. Stamens 2-3. Grain free, oblong. 1. G. nervata, Trin. Culms erect; panicle diffuse, the capillary branches at length drooping ; spikelets purplish, very numerous, ovate-oblong, 5 - 6-flow- ered, nearly terete ; lower palea oblong, obtuse, 7-nerved. (Poa parviflora, Pursh.) — Wet swamps, West Florida, and northward. July. — Culms 2° -3° high. Spikelets 2" long. 2. G. pallida, Trin. Culms erect or ascending; panicle narrow, nearly simple, with the capillary branches erect ; spikelets pale, oblong-linear, 5 - 9-flow- eretl, nearly terete ; lower palea oblong, minutely 5-toothed, 7-nerved. — Shallow water, North Carolina, and northward. July. — Culms 1° - 3° long. Spikelets i1 long. 3. G. fluitans, R. Brown. Culms thick, ascending from a creeping base ; leaves long, broadly linear ; panicle long, narrow, racemose ; spikelets linear, te- rete, pale, loosely 7 - 13-flowered (!' long); lower palea obtuse, or slightly 3- lobed at the scarious apex, roughish, 7-nerved. (Poa fluitans, Ell.) — Shallow water in the upper districts, and northward. June and July. — Culms l°-5° long. Panicle 1° long. 4. G. rigida, Smith. Culms low (2' -4' high), ascending, rigid; leaves subulate, £'-!£' long, involute and rigid when dry; panicle 1'- 1£' long, lance- olate, dense, 1-sided; spikelets linear, acute, 5-11-flowered, short-pedicelled ; glumes serrulate on the keel; palese obtuse, emarginate or mucronate. (Poa rigida, L.) — Dry soils, around Beaufort, South Carolina, Elliott. April and May. 29. ARUNDINABIA, Michx. CANE or REED. Tall woody grasses, with clustered spreading branches, broad and flat persist- ent leaves, and racemose or panicled many-flowered spikelets. Glumes unequal, concave, membranaceous, awn-pointed. Paleae rather loosely imbricated on the bearded and jointed rachis, nearly equal ; the lowest one ovate-lanceolate, con- cave, many-nerved, awn-pointed; the upper strongly 2-keeled. Stamens 3. Stigmas 3. Grain oblong, free. 1. A. gigantea. (CANE.) Culms arborescent, 10°- 20° high, rigid, sim- ple the first year, branching the second, afterwards at indefinite periods fruiting, and soon after decaying; leaves lanceolate (l'-2' wide), acuminate, smoothish ; panicles lateral, composed of few simple racemes ; spikelets purple, erect ; lower palea lanceolate-ovate, pubescent, fringed (8" long), awn-pointed. (Arundinaria macrosperma, Michx.) — Banks of the larger rivers, Florida to North Carolina. February. 2. A. tecta, Muhl. (REED.) Culms slender, 2° -10° high, branching; leaves linear-lanceolate, acuminate, roughish, the sheaths bearded at the throat ; spike- lets solitary, or in a simple raceme at the summit of the branches, or frequently 562 GRAMINEJE. (GRASS FAMILY.) on leafless radical culms ; lower palea (6" long) ovate-lanceolate, smooth, fringed on the margins, awn-pointed. (Arundo tecta, Walt.) — Swamps, Florida to North Carolina. Feb. and March. 30. BRIZOPYRUM, Link. A low and rigid perennial dioecious grass, growing in saline marshes, with linear-subulate involute distichous leaves, and many-flowered compressed spike- lets, crowded in a nearly simple spike. Glumes and paleae smooth, somewhat coriaceous, obtuse, compressed, not keeled ; the lower ones several-nerved. Sta- mens 3. Stigmas 2. Grain oblong, free. 1. B. spicatum, Hook." Rootstocks long and creeping; culms l°high; leaves spreading, rigid, 2' -4' long, smooth, like the imbricated sheaths ; spike- lets oblong, 7-15-flowered. (Uniola spicata, Ell.) — Low sandy shores and marshes, West Florida, and northward. Aug. and Sept. 31. POA, L. MEADOW-GRASS. Grasses with tufted culms, smooth flat and tender leaves, and compressed few- flowered spikelets in loose or contracted panicles. Glumes unequal, shorter than the flowers. Lower palea nearly membranaceous, keeled, scarious on the margins, awnless, 5-nerved, the three more prominent nerves mostly hairy or woolly below ; upper palea 2-toothed, falling at maturity with the lower one. Stamens 2-3. Stigmas plumose. Grain free. * Branches of the panicle single, or by pairs. 1. P. anmia, L. Annual; culms tender, spreading, 6-10' high; leaves linear, 3' -6' long, 1^" wide; panicle ovate, the smooth branches at length reflexed ; spikelets ovate, about 5-flowered ; glumes obtuse or emarginate, half as long as the sparsely hairy obtuse flowers. — Yards and gardens, Florida, and northward. Feb. and March. Introduced. 2. P. cristata, Walt. ? Annual; culms erect, 6' -10' high; leaves linear, subulate, 1 ' long, £" wide ; panicle linear or lanceolate, dense, the lowest of the rough branches spreading ; spikelets 3 - 5-flowered ; lower palea with a promi- nent crest-like fringe on the back, barely longer than the acute glumes. — Dry soil around Quincy, Middle Florida. April. 3. P. flexuosa, Muhl. Perennial; culms weak, mostly erect, l°-l£° high; leaves narrowly linear; branches of the panicle by pairs (l£'-2' long), capillary, widely spreading ; spikelets 2-4 near the summit of each branch, pale, oblong, 3 - 4-flowered ; glumes acute ; lower palea compressed and very obtuse at the apex, hairy on the nerves. (P. autumnalis, Ell.) — Rich shaded soil, Florida, and northward. May. * * Branches of the panicle 3 - 6 in a duster : perennials. 4. P. pratensis, L. Culms terete, ascending from a creeping base ; leaves mostly abruptly pointed ; branches of the panicle expanding, about 5 in a clus- ter ; spikelets ovate, 3 - 5-flowered, crowded ; flowers closely imbricated ; lower GRAMINE^E. (GRASS FAMILY.) 563 palea acutish, strongly nerved, hairy. (P. viridis and P. angustifolia, Ell.) — Rich soil, mostly around dwellings. Introduced. May. — Culm 1° - 2° high. 5. P. compressa, L. Culms ascending from a creeping base, geniculatc, and, like the sheaths, compressed ; panicle contracted, 1-sided, the short erect branches 2-4 in a cluster; spikclets 4 - 8-flowercd ; lower palca rather obtuse, hairy below, faintly nerved. — With the preceding. May. — Culms 1° high. Leaves bluish green. 32. ERAGROSTIS, Beativ. Spikelets few - many-flowered, compressed. Lower palea 3-nerved, not hairy nor woolly ; the upper one remaining after the rest of the flower has fallen. Otherwise as in Poa. — Culms often branched. Leaves and sheaths smooth or hairy. * Culms prostrate and creeping, diffusely branched. 1. E. reptans, Nees. Culms filiform, the flowering branches erect (4' -6' high), leaves short (l'-2' long), linear; sheaths downy at the base ; panicle small (2' -3' long), ovate or oblong, often contracted ; spikelets linear, 10-30-flowered, nearly sessile, imperfectly dioecious ; paleae acute. (Poa reptans, Michx.) — Low sandy places, Florida, and northward. Aug. and Sept. © — Plant pale green. * * Culms branching, erect or ascending : annuals. 2. E. megastachya, Link. Culms prostrate and geniculate at the base, ascending ; leaves linear ; sheaths smooth ; panicle oblong or pyramidal, con- tracted or spreading; spikelets oblong or at length linear (3"- 5" long), 10-30- flowered, often lead-color; lower palea ovate, obtuse. (Briza Eragrostis, L.) — Cultivated or waste grounds, Florida, and northward. July and Aug. 3. E. ciliaris, Link. Culms slender, prostrate or ascending, geniculate ; leaves (2' -3' long) linear, smooth ; sheaths smooth, bearded at the throat; panicle spiked, cylindrical, the minute (£" long) ovate spikelets densely crowded on the short appressed branches, 5 - 7-flowered ; lower palea obtuse, mucronate, rough or ciliate on the back ; the upper one fringed on the margins with long bristly hairs. — Varies with the culms nearly erect, open lanceolate or oblong panicle, dis- tinct pale spikelets, and flowers more scattered on the smooth rachis. — Waste places and along roads, Florida to South Carolina ; the var. at Key West. — Culms 6' - 12' long. Spikelets purple. 4. E. Purshii, Schrad. Culms slender, ascending, geniculate near the base, 6' -12' long; leaves narrowly linear, with the sheaths bearded at the throat ; panicle 3' - 6' long, the lowest of the widely spreading branches whorled ; spikelets linear, 5- 10-flowered, purple or pale, the lateral ones appressed, and mostly longer than their pedicels ; lower palea ovate, 3-nerved. (Poa pectinata, and P. tenella, of authors. ) — Waste places and cultivated grounds, common. June - Sept. 5. E. COnferta, Trin. Culms erect, stout, 2° - 3° high ; leaves linear ; sheaths smooth ; panicle elongated (1°- 2° long), linear or lanceolate, the very numerous clustered branches and small oblong 8 -10-flowered spikelets erect or 564 GRAMINE^E. (GRASS FAMILY.) appressed ; flowers minute, raembranaccous, rather distant on the rachis ; lower palea obtuse, 3-nerved. (Poa conferta, Ell.) — River-banks, Florida to South Carolina. Aug. and Sept. — Panicle whitish. Spikelets 1"- 1^" long. =fc * * Culms simple, erect, shorter than the large and spreading panicle. 6. E. tenuis, Gray. "Panicle virgately elongated (l°-2^° long), very loose, the spreading branches bearded in some of the lower axils, their remote divisions and long diverging pedicels capillary ; spikelets 2-6- (sometimes 7 - 12-) flowered, pale or greenish; glumes lanceolate or awl-shaped, very acute (l£"-2" long), membranaceous, as are the oblong-lanceolate acute flowers; lower palea distinctly 3-nerved ; the upper, ciliate-scabrous." Gray. (Poa te- nuis, Ell.) — Greenville, South Carolina, Elliott; North Carolina, Curtis. Aug. and Sept. U ? — Leaves (l£° - 2° long) and sheaths smooth or hairy. 7. E. capillaris, Nees. Panicle widely expanding, the lower axils mostly bearded ; spikelets very small (!"- l£" long), 2 -4-flowered, mostly purple, on long diverging capillary pedicels ; glumes and flowers ovate, acute ; lower palea obscurely 3-nerved. (Poa, L. P. hirsuta, Michx.) — Dry uncultivated fields, Florida, and northward. Aug. and Sept. — Leaves and sheaths smooth or hairy. Panicle l°-2° long. 8. E. nitida. Panicle (l£°-3° long) reclining, the bristle-like or capil- lary branches erect-spreading, naked in the axils ; spikelets linear, flat (3" -4" long), 8-12-flowered, on erect-spreading pedicels l'-2' long; lower palea acute, 3-nerved, nearly smooth on the keel ; leaves and sheaths very smooth and shin- ing. (Poa nitida, Ell.) — Low grassy places along the coast, West Florida to South Carolina. Aug. and Sept. 1J. — Leaves narrowly linear, longer than the short (6' -9' high) culm. 9. E. pectinacea, Gray. Panicle erect, widely spreading, or the rather rigid and hairy branches at length reflexed ; spikelets purple, flat, about 8-flow- ered, shorter than the erect or slightly spreading pedicels ; lower palea ovate, acute, strongly 3-nerved, rough-keeled. (Poa pectinacea, Michx. P. hirsuta, Ell., $c., not of Michx.) — Diy sterile soil, Florida, and northward. Aug. and Sept. — Panicle 1°- 1^° long. Leaves and sheaths mostly clothed with long soft hairs. Var. refracta. Smooth throughout, or the sheaths of the short and rigid leaves bearded at the throat ; panicle (6' - 12' long) with the branches reflexed ; spikelets sessile or nearly so, 15 -20-flowered ; lower palea faintly 3-nerved. (Poa refracta, Ell.) — Damp soil, Florida to North Carolina. — Spikelets about 5" long. 33. DACTYLIS, L. ORCHARD-GRASS. Perennial grasses, with simple culms, keeled leaves, and 2 - 7-flowered spikelets crowded in a 1 -sided glomerate panicle. Glumes and lower palea herbaceous, keeled, awn-pointed, rough-ciliate on the keel, the latter 5-nerved. Stamens 3. Grain free. 1 . D. glomerata, L. — Near Charleston, Elliott, and northward. Intro- duced. May and June. — Culms 2° -3° high. Leaves and sheaths scabrous. GRAMINE^E. (GRASS FAMILY.) 565 Spikelcts in close clusters at the end of the short branches, 2 - 4-flowered. Glumes and flowers lanceolate. 34. PESTUCA, L. FESCUE-GRASS. Grasses with flat or setaceous leaves, and panicled 3 - many-flowered mostly awned spikelets. Ilachis jointed as in Glyceria. Glumes unequal, mostly keeled. Paleae nearly coriaceous ; the lower one naked, rounded on the back, 3-5-nerved, acute or bristle-awned ; the upper commonly adhering at maturity to the enclosed grain. Stamens 1-3. Flowers awned: panicle contracted: annuals. 1. F. Myurus, L. Culms erect, very slender, concealed in the sheaths of the bristle-like leaves ; panicle elongated, linear, 1 -sided, partly included in the sheath of the uppermost leaf, the scattered branches appressed ; spikelets com- pressed, 6-flowered ; awn 3-4 times the length of the subulate sparsely hairy palca. Stamen 1. — Dry sandy soil, Florida to North Carolina. March and April. — Culms 6' - 12' high. Panicle pale, 4' - 6' long. 2. P. tenella, Willd. Culms (2' -12' high) erect or ascending; leaves narrowly linear or filiform ; panicle long-peduncled, simple, spiked, or the branches slightly spreading, mostly purple ; spikelets crowded, compressed, oblong, 8- 12-flowered ; awn not longer than the subulate hispid palea. — Dry sandy soil, Florida, and northward. Feb. - April. 3. P. duriuscula, L. Culms erect, 1°- 1\|° high ; leaves filiform; panicle simple, 1 -sided, mostly bending, spreading ; spikelets oblong, about 6-flowered ; awn shorter than the smooth lanceolate palea. — Around dwellings, Florida, and northward. Introduced. April - May. 4. P. parviflora, Ell. "Panicle equal, slender, appressed; spikelets terete, subulate, 5-flowered, awned; calyx (glumes) unawned." Ell. — Near Orangeburg, South Carolina. April, ty f — Culms 12'- 18' high. Awn as long as the palea. J * ) * * Flowers aimless : panicle spreading : perennials. 5. P. elatior, L. Culms l°-2° high; leaves linear, smooth; panicle long, narrow, erect, the erect branches bearing the loosely 5 - 10-flowered spikelets throughout ; palea oblong-lanceolate, barely pointed. — North Carolina, and northward. Introduced. 6. P. nutans, Willd. Culms 2° -4° high, and, like the broadly linear leaves, rough, or the latter hairy ; panicle 1 -sided, simple, erect or bending, the branches mostly by pairs, remote, bearing few ovate 5 - 6-flowered spikelets near their summits, at length reflexed ; glumes rough on the back, acute ; lower palea ovate, barely pointed. — Rich woods and banks, Florida, and northward. Aug. 7. P. grandiflora, Lam. "Panicle simple, erect; spikelets very few, generally 7-flowered ; flowers acute, distant." — Carolina, Frazer. ( * ) 8. P. unioloides, Willd. Panicle contracted ; spikelets compressed, 8-flow- ered, awnless ; sheaths of the leaves bearded at the summit. — Carolina, Willd. — Panicle nodding, expanding. Spikes oblong-lanceolate. Root fibrous. ( * ) 48 566 GRAMINE^E. (GRASS FAMILY.) 35. BROMUS, L. BROME-GRASS. Grasses with flat leaves, and long-stalked spikelets in loose panicles. Spike- lets large, 3 - many-flowered. Glumes membranaceous, unequal, commonly- keeled. Lower palea usually awned under the apex, convex on the back, about 7-nerved at the base. Stamens 3. Grain flattened and grooved on the inner face, and adherent to the upper palea. 1. B. Ciliatus, L., var. purgans, Gray. Perennial; panicle diffuse, the slender drooping branches mostly by pairs ; spikelets lanceolate after flowering, 10- 12-flowered ; lower glume 1-nerved, the upper 3-nerved ; lower palea convex on the back, 7-nerved, hairy, about as long as the awn ; culms 2° - 4° high ; leaves and sheaths smooth or downy. — River-banks and rich soil, Florida, and northward. June'. 2. B. secalinus, L. (CHEAT or CHESS.) Annual; panicle spreading, with clustered, at length drooping branches ; spikelets (£'- 1' long) 8-10-flow- ered, oblong-ovate ; lower glume 5-nerved, the upper 7-nerved ; palere smooth, the lower one convex, 7-nerved, awnless or short-awned ; culms l°-2°high; leaves and sheaths smooth or downy. — Grain-fields, &c. Introduced. 36. UNIOLA, L. Tough perennial grasses, with erect culms, from creeping rootstocks, and mostly broad, flat many-flowered spikelets, in erect or drooping panicles, with one or more of the lower flowers glume-like and neutral, and the upper imper- fect. Glumes lanceolate, compressed-keeled. Lower palea rather rigid, strongly compressed-keeled, nerved, awnless, much larger than the 2-keeled upper one. Grain free. Stamens 1-3. * Spikelets long-pedicelled, drooping : flowers oppressed. 1. U. latifolia, Michx. Culms 2° -3° high ; leaves ..flat, lanceolate (£'- 1' wide) ; panicle loose, drooping; spikelets green, oblong, acute, 10- 15-flow- ered ; lower palea one third longer than the upper, fringed on the keel, acutish ; stamen 1. — Banks of rivers, Florida, and northward. July and Aug. — Spike- lets 12" -15" long. 2. U. panicillata, L. Culms stout, 3° - 5° high ; leaves very long, rigid, soon convolute ; panicle crowded, drooping ; spikelets whitish, oblong-ovate, about 12-flowered; palea? equal, the lower one notched at the apex, serrulate on the keel ; stamens 3. — Drifting sands along the coast, West Florida, and north- ward. July and Aug. — Plant pale. Leaves 2° - 4° long. * * Spikelets sessik or nearly so, erect: flowers at length spreading. 3. U. gracilis, Michx. Panicle long and slender, with the branches ap- pressed ; spikelets small (2" -3"), wedge-shaped, 4-6-flowered; lower palea longer than the upper one, smooth on the keel, obtuse; stamen 1. — Rich damp soil, Florida, and northward. July and Aug. — Culms slender, mostly erect, 2° - 4° long. Leaves 2" - 6" wide. Sheaths smooth or downy. GRAMINE^E. (GRASS FAMILY.) 567 4. IT. nitida, Baldw. Panicle short, of few rigid spreading branches; spikelets (6" -8" long) oblong, 6-8-flowered; paleae equal, the lower acute, serrulate near the apex ; stamen 1 . — Swamps, Florida, Georgia, and westward. Aug. — Culms slender, 1° - 2° high. Leaves linear, smooth. 37. PHBAGMITES, Trin. REED. Large perennial marsh grasses, with broad and flat leaves and panicled spike- lets. Spikelets 3 - 6-flowered, with the rachis bearded with long and silky hairs. Lowest flower with a single stamen and imperfect ovary, the others triandrous and perfect. Glumes unequal, pointed. Lower palea narrowly awl-shaped, 2-3 times as long as the 2-cleft upper one. Stigmas 2. Grain free. 1. P. COmmunis, Trin. Culms 5° -8° high; leaves numerous, l'-2' wide ; panicle diffuse, nodding ; spikelets 3 - 5-flowered, about as long as the white hairs of the rachis. — Deep river marshes near the coast, Florida, and northward. Sept. 38. ELYMUS, L. LYME-GRASS. Coarse flat-leaved perennial grasses, with rigid erect culms, bearing a single spike of 2 - 7-flowered spikelets, arranged 2 - 4 in a cluster at each joint of the zigzag rachis. Glumes 2, placed side by side before the spikelets, coriaceous, unequal-sided, mostly awned. P,ale£e of the same texture as the glumes, the lower convex on the back, tapering into a rigid awn ; the upper enclosing the linear hairy-tipped grain. Stamens 3. Stigmas 2. 1. E. Virginicus, L. Spike dense, erect (3' long), the base usually included in the dilated sheath of the uppermost leaf; spikelets 2 -3 in a cluster, 2 - 3-flowered, smoothish, short-awned ; glumes lanceolate, strongly nerved. — River-banks, Florida, and northward. July and Aug. — Culms 2° - 3° high. Leaves rough. Sheaths smooth. 2. E. striatus, Willd. Spike dense, erect or slightly nodding (3' -5' long), long-peduncled ; spikelets 2-3 in a cluster, 1- 3-flowered, hairy, long-awned ; glumes linear-subulate, long-awned, much longer than the flowers. — Rocky woods and banks in the upper districts, and northward. July - Sept. — Culms slender, 2° high. Leaves and sheaths smooth or pubescent. 39. GYMNOSTICHUM, Schreb. Spikelets 2 - 3 on each joint of the rachis, raised on a short and thick stalk. Glumes none, or a single awn-like rudiment. Otherwise as in Elymus. 1. G. Hystrix, Schreb. Spike erect, 3' - 6' long, lax-flowered ; spikelets yellowish, 3 - 4-flowered, smooth or rough-hairy, long-awned ; leaves and sheaths smoothish. (Elymus Hystrix, Z.) — Upper districts, Georgia, and northward. July. _ Culms 2° - 3° high. Rachis 2-edged. 568 GRAMINE^E. (GRASS FAMILY.) 40. LOLIUM, L. DARNEL. Rigid flat-leaved (introduced) grasses, with spiked many-flowered compressed spikelets, with one edge applied to the jointless rachis. Glume 1, rigid, awnless. Lower palea concave, awnless, or short-awned, herbaceous. Stamens 3. Grain adherent to the upper palea. — Spikelets distant on the elongated rachis. 1. L. temulentum, L. Culm tall (2° high) ; rachis (1° long) flexuous; glume rigid, many-nerved, longer than the 5-flowered spikelet, lower palea awned under the scarious obtuse apex. — Grain-fields, North Carolina. ® 2. L. arvense, Withering. Culms low (6' -12'); rachis (6' -8' long) straight; glume rigid, many-nerved, shorter than the 8-10-flowered spikelet; lower palea awnless or short-awned at the scarious emarginate apex. — Streets of Apalachicola. July. (T) 41. AIRA, L. Low and slender tufted grasses, with the small 2-flowered stalked spikelets in a loose panicle. Glumes membranaceous, keeled, longer than the flowers. Pa- leae hairy at the base ; the lower one 3 -5-nerved, and awned on the back. Sta- mens 3. Grain oblong, smooth. 1. A. flexuosa, L. Culms nearly naked, l°-l£° high; leaves short, bristle-like ; panicle small, capillary, spreading ; lower palea toothed at the apex, much shorter than the slender awn ; grain free. — Mountains of Georgia, and northward. July. 1J. . 42. TRISETUM, Pers. Spikelets 2 - several-flowered. Lower palea compressed-keeled, usually bear- ing a bent awn below the 2-cleft or 2-pointed apex. Otherwise as in Aira. Spikelets in open or spiked panicles. 1. T. palustre, Torr. Smooth; culms weak (1°-1^° long) ; leaves flat, linear ; panicle ^long and narrow, loose ; spikelets 2 - 3-flowered ; the lower flower awnless, the upper with a spreading awn and an awn-like rudiment at the base, or rarely both flowers awnless. (Aira pallens, MuhL A. triflora, Ell. ?) — Swamps, West Florida to Mississippi, and northward. March and April. — Panicle pale, 4' - 8' long. 2. T. molle, Kunth. Soft downy; culms short (6' -8'); panicle (2' -3' long) contracted, dense and spike-like ; spikelets 2-flowered, the lower palea of both flowers with a spreading awn. —Mountains of North Carolina, and north- ward. . 43. DANTHONIA, DC. Tufted grasses, with racemose or panicled spikelets, and rough or bearded flowers. Spikelets 3 - many-flowered. Glumes nearly equal, membranaceoTis, longer than the flowers, awnless. Lower palea rigid, concave, many-nerved, bearded below, sharply 2-toothed at the apex, bearing an intermediate awn, which is flattened and twisted near the base. Stamens 3. Grain oblong, free. GRAMINE^E. (GRASS FAMILY.) 5G9 1. D. spicata, Beauv. Spikclets 4 - 8, racemose, 7-flowered ; lower palca rough with short rigid hairs, much longer than the lanceolate-subulate teeth ; culms (10' - 18' high) slender ; leaves short and narrow, soon involute. (Avena spicata, L.) — Dry ban-en soil, Florida, and northward. June and July. — Ra- ceme l'-2' long. 2. D. sericea, Nutt. Spikelets numerous, panicled, 7-flowercd ; lower palea white with long silky hairs, as long as the slender, awn-pointed teeth ; culms 2° high ; sheaths of the linear leaves woolly above. (Avena spicata, Ell.) — Upper districts of Georgia, and northward. April. 44. ARRHENATHERUM, Beauv. Tall grasses, with flat leaves, and spreading panicles with clustered or whorled branches. Spikclets 2-flowered, with the awn-like rudiifcent of a third flower ; the lower one staminate, the upper perfect. Glumes membranaceous, concave, the upper one as long as the flowers. Palese herbaceous ; the lower one of the perfect flowers slightly awned near the apex, that of the staminate flower bearing a long bent awn below the middle. Stamens 3. 1. A. avenaceum, Beauv. Culms smooth, 2° -3° high; leaves broadly linear; panicle narrow, whitish, 8' -10' long; glumes scarious. — North Caro- lina, Curtis. Introduced. May. 1J.. 45. ANTHOXANTHUM, L. SWEET-SCENTED GRASS. Grasses with flat leaves and 3-flowered spikelets, crowded in a spiked panicle ; the two lower flowers neutral, and consisting of a single haiiy palea awned on the back ; the upper flower perfect, of two smooth awnless paleae, and two very thin glumes, the upper one 3-nerved, longer than the flower, and twice as long as the 1-nerved lower one. Stamens 2. Grain enclosed in the paleae. 1. A. odoratum, L. Culms 1° high; leaves linear, hairy; panicle l'-3' long. — Low grounds around the larger cities, Savannah, Charleston, £c. In- troduced. April and May. 46. PHALARIS, L. Spikelets crowded in a densely spiked panicle, 3-flowered ; the two lower flow- ers reduced to hairy scales ; the upper perfect, consisting of 2 boat-shaped awn- less, at length coriaceous palea}, the lower one longer and enclosing the upper, and two nearly equal broadly keeled glumes which are longer than the flower. Stamens 3. Styles elongated. Grain enclosed in the paleaj. 1. P. intermedia, Bosc. Culms ascending, slender, 6'- 12' high; leaves short, with the uppermost sheath inflated; spike (£'-!' long) oval, compact; glumes lanceolate, slender-pointed, broadly keeled, twice as long as the hairy ovate flower. (P. Americana, Ell. P. microstachya, DC.) — Sandy places along the coast, Florida to North Carolina. April and May. (J) — Leaves broadly linear, l'-2' long, somewhat glaucous. Spike white or purplish. Var. angUSta. (P. angusta, Nees.) Culm stout (2° -3° high); spike cy- 48* 570 GRAMINE^:. (GRASS FAMILY.) lindrical (2' -4' long), somewhat interrupted at the base ; glumes short-pointed, rather narrowly keeled, J longer than the ovate hairy flower. — South Carolina, and westward, (l) — Leaves not glaucous, 4' - 10' long. 47. PASPALUM, L. Spikelets spiked or somewhat racemed, apparently 1 -flowered, awnless, borne in 1 - 4 rows on one side of the flattened or triangular jointless rachis. Glumes 2, membranaceous, nearly equal. Paleae 2, ovate or roundish, coriaceous ; the lower one larger, concave, and partly enclosing the flattened upper one. Sta- mens 3. Grain included in the indurated paleae. Such is the apparent structure of the spikelet, but theoretically it is 2-flowered, as in Panicum, with the lower glume and upper palea of the lower flower undeveloped. * Spikes racemed: spinets partly enclosed by the recurved margins of the broadly 'winged membranaceous rachis. 1. P. fluitans, Kunth. Spikes very numerous ; spikelets in two rows, mi- nute (I" long), oblong, pubescent ; glumes pointed ; culm branching, ascending from a creeping or floating base; leaves flat, broadly linear (4" -8" wide). (Ceresia fluitans, Ell.) — River-swamps, Florida, and northward. Sept. and Oct. (g -—Culms smooth, l°-3° long. 2. P. Walter!, Schultes. Smooth ; spikes 3-7, the lowest ones included in the sheath of the uppermost leaf; spikelets in two rows, ovate, smooth ; glumes obtuse, 5-nerved. (P. vaginatum, Ell.) — Low cultivated grounds, Florida to North Carolina, and westward. July and Aug. — Culms decumbent, creeping, l°-3° long. Leaves linear, short. * * Spikes mostly by pairs, divaricate : spikelets ovate-lanceolate, acute, 2-rowed on the slender wingless rachis : glumes smooth, longer than the palece. 3. P. Digitaria, Poir. Peduncles elongated, lateral and terminal, often 2-3 together from the upper sheath; spikes (3'-4' long) filiform, spreading horizontally; glumes even, 7-nerved, J longer than the obtuse perfect flower; culms ascending from a creeping and branching base ; leaves lanceolate, obtuse, flat, mostly fringed on the margins, the sheaths compressed. (Milium paspa- lodes, Ell.) — Open swamps, Florida to North Carolina, and westward. July- Sept. ty — Culms 1 ° - 2° high. 4. P. vaginatum, Swartz. Peduncles single, terminal, spikes (rarely 3 or 4) short (!'- 1^' long), erect or horizontal; glumes rugose, 5-nerved, rather longer than the acute flower ; culms diffusely creeping, short-jointed ; the flowering branches (4'- 10' long) erect; leaves (l'-3'long) subulate-convolute, their dilated imbricated sheaths persistent. (P. furcatum, Fluegge.) — Saline swamps, West Florida, and southward. Aug. and Sept. 1J. — Culms 2° • 4° long. Sheaths compressed, bearded at the throat. * * Spikes solitary, or few and racemose: spikelets ovate or roundish, in 2-4 rows: rachis mostly flattened andflexuous: glumes and palece nearly equal. 5. P. distichum, L. Spikes 2, rarely 3 or 4, spreading (!'-!£' long); spikelets in 2 rows, single, ovate, acute, as wide as the straight rachis ; glumes GRAMINEvE. (GRASS FAMILY.) 571 3-ncrvcd, more or less pubescent ; culms diffuse, creeping ; leaves flat, glaucous, rough above, and, like the sheaths, smooth or hairy. (P. tristachyum, Leconte1.) — Swamps and low grounds, Florida to North Carolina, and westward. Aug. and Sept. 1J. — Flowering stems 1° high. G. P. praecox, Walt. Spikes 3 - 6 ; spikelets by pairs, in 3 rows, orbicu- lar, compressed, as wide as the straight and flat rachis ; glumes smooth, 3-ncrved, often discolored; culms erect (3° -4° high), simple; leaves long and narrow; sheaths purple, smooth or hairy. — Pine-barren swamps, May and June. ty. 7. P. laeve, Michx. Spikes 3-5, long (3' -4') and slender; spikelets single, in 2 rows, orbicular, wider than the flexuous rachis ; glumes smooth and even, 5-nerved; culms simple, erect (3° -4° high); leaves (deep green) and sheaths smooth, or the latter hairy. — Dry woods and margins of fields, Florida, and northward. July and Aug. 1J. — Spikelets l£" long, larger and thicker than the last. 8. P. Floridamim, Michx. Spikes 2-3, thick, erect; spikelets large (2" long), mostly in 3 rows, broadly oval, tumid, wider than the flexuous rachis ; glumes smooth, 5-nerved, more or less rugose; culms rigid, erect (2° high); leaves narrow, rigid, and, like the sheaths, rough-hairy. (P. macrospermum, Fluegge. ) — Damp soil, near the coast, Florida. Aug. and Sept. 1\|. — Plant glaucous. 9. P. racemulosum, Nutt. Spikes 2-3, slender, erect (4' long) ; spike- lets single or by pairs, obovate, distant on the filiform and somewhat flexuous rachis, distinctly pedicelled ; glumes smooth, obtuse, 7-ncrved ; culms simple, erect (2° -3° high) ; leaves long, linear, keeled, glaucous, and, like the sheaths, sprinkled with long white hairs. (Panicum Alabamense, Trin.) — Dry sandy soil, Florida to North Carolina, and westward. Aug. and Sept. 1J. . 10. P. undulatum, Poir. Spikes 2-12, spreading (2' -3' long); spike- lets small (1" long), oval or roundish, crowded in 3-4 rows under the broad and flat rachis ; glumes smooth, 5-nerved ; palese of the neutral flower often ru- gose ; culms erect or ascending, mostly branching ; leaves deep green, broadly linear, flat, mostly fringed on the margins or near the base, and, like the smooth or hairy sheaths, often purple. (P. purpurascens, Ett. P. plicatulum, Michx. P. confertum, Leconte. P. Boscianum, Fluegge. ) — Low cultivated grounds, Flor- ida to North Carolina. Sept. ® — Culms £° -3° high. 11. P. Blodgettii, n. sp. Spikes 4, filiform ; spikelets minute (J" long), in 3 rows, elliptical, as wide as the straight rachis ; glumes 3-nerved, minutely pubescent and granular; culms tufted, simple, erect (l°-l£° high) ; leaves flat, fringed on the margins. — Key West, Dr. Blodgett. 1\|. — Spikes 1' long. 12. P. ciliatifolium, Michx. Spikes slender, mostly solitary, rarely 2- 3, on long lateral and terminal peduncles, of which 2-3 often project from the upper sheath ; spikelets orbicular, in 2 - 3 rows, wider than the narrow flexuous rachis; glume 3-nerved, commonly pubescent ; culms tufted (l°-2° long), erect or spreading, simple or branched ; leaves 2"- 9" wide, flat, wavy and fringed on the margins, or, like the sheaths, hairy all over. (P. setaceum, and P. debile, Michx. P. dasyphyllum, Ell., frc.) — Wet or dry soil, very common. June- Sept. © and ty. 572 GRAMINE.E. (GRASS FAMILY.) 48. AMPHICARPTJM, Kunth. Perennial flat-leaved grasses, with the spikelets nearly as in Panicum, but of two kinds ; one perfect, but rarely fruitful, disposed in a simple terminal panicle or raceme ; the other largei', pistillate or perfect, and borne at the summit of long runner-like radical peduncles. Lower glume minute or wanting. 1. A. Purshii, Kunth. Culms tufted, erect from fibrous roots, naked above ; leaves lanceolate, rather thin, clothed, like the sheaths, with spreading rigid hairs ; upper flowers in a strict panicle ; those at base of the culm perfect ; grain ovoid or oblong, terete. (Milium amphicarpon, Pursh.) — Low sandy pine barrens, Georgia, and northward. Sept.— Culms l°-3° high. Glumes of the upper flowers 5-nerved, of the lower one white, many-nerved. ' 2. A. Floridanum, n. sp. Culms subterraneous, diffusely creeping ; flowering branches erect (l°-3° high), branching; leaves linear-lanceolate, rigid, smooth ; sheaths fringed on the margins ; upper flower abortive, panicled or raccmcd, oblong (3" long), acute; glumes 5-nerved; anthers of the radical flow- ers imperfect ; grain compressed-globose, pointed. — Banks of the Apalachicola River, Florida. Sept. and Oct. — Plant pale green. Paleae of the radical flow- ers crustaceous at maturity. 49. PANICUM, L. PANIC-GRASS. Inflorescence spiked, racemose or panicled. Spikelets 2-flowered, naked (no involucre). Glumes 2, herbaceous; the upper one usually as long as the flow- ers, the lower smaller, often minute, or occasionally wanting. Lower flower staminate or neutral, of 1 -2 paleae ; the upper palea, when present, small and hyaline, the lower herbaceous and resembling the upper glume. Upper flower perfect, coriaceous, awnless, enclosing the free grain. Stamens 3. § 1. DIGIT ARIA. — Inflorescence spiked: spikelets 2-3 together , imbricated on one side of a filiform rachis : lower flower of one palea, and neutral : glumes shorter than the flowers : annuals. 1. P. sanguinale, L. (CRAB-GRASS.) Culms ascending from a diffusely creeping base ; leaves thin, spreading, the lower part, like the sheaths, hairy ; spikes 5-10, spreading; spikelets oblong, pointed; glumes hairy on the mar- gins, the upper half as long as the flowers, the lower minute, or in var. VILLOSUM (Digitaria villosa, Ell., a smaller and more hairy form) wanting. — Cultivated grounds and waste places everywhere. May -Oct. 2. P. filiforme, L. Culms erect, sparingly branched (2° - 3° high) ; leaves linear, erect, and, like the sheaths, hairy ; spikes 2-5, alternate, erect, filiform ; spikelets oblong, acute, scattered ; upper glume half as long as the acute black- ish palea, the lower wanting. — Diy sandy soil, common. Aug. and Sept. § 2. PANICUM PROPER. — Glumes 2, unequal, awnless : spikelets in panicles or racemes. * Spikelets crowded in simple or panicled racemes. •- Sterile flower of one palea, neutral. 3. P. tenuiculmum, Meyer. Culm filiform, erect, simple ; leaves chiefly radical, linear (2" wide) ; racemes 8 - 12, remote, 3 - 6-flowered, forming a long (GRASS FAMILY.) 573 narrow and simple panicle ; rachis flexuous, naked and bristle-like at the apex ; spikelets ovate (l"long); upper glume 9-nerved, twice as long as the obtuse lower one. — South Florida. — Culms l£°-2° high. Racemes distant on the common rachis, £' long. •- •»- Sterile flower oftwopalece, staminate or neutral. 4. P. gibbum, Ell. Panicle spiked, cylindrical, , 3' - 5' long ; spikelets oblong, obtuse; upper glume oval, strongly 11-nerved, tumid at the base, twice as long as the smooth fertile flower, the lower one minute ; sterile flower 3-androus ; culms branched, slender, reclining ; leaves linear-lanceolate, smooth or hairy. — Swamps, Florida to North Carolina. July - Sept. — Plant deep green. Spikelets caducous. 5. P. Curtisii. Panicle slender, spike-like (6' -8' long), the appressed lower branches remote ; spikelets ovate-lanceolate ; glumes slightly keeled, the upper 5-nerved, twice as long as the lower one, and rather shorter than the acutish flower ; sterile flower 3-androus ; culms and smooth linear-lanceolate leaves rigid ; sheaths smooth or hairy. (P. Walteri, Ell, not of Poiret nor Pursh. P. carinatum, Torr., in Curtis's Plants, Wilmington, not of Presl.) — Ponds and swamps, Florida to North Carolina. — Culms 3° - 4° high, often rooting at the lower joints. 6. P. hians, Ell. Panicle small, the few scattered and spreading branches naked below ; spikelets in small distinct clusters, ovate ; upper glume 5-nerved, 3-4 times longer than the lower ; sterile flowers neutral, longer than the perfect flower, the upper palea rigid, obovate, involute, gaping at the apex; culms slender (6' -18' high), simple; leaves linear, smooth. — Low grounds in fields and along roads, Florida to North Carolina. 7. P. gymnocarpum, Ell. Panicle large, pyramidal, the rigid expand- ing branches mostly clustered or whorled ; spikelets 3 - 6 in scattered clusters (2" long), lanceolate; glumes lanceolate-subulate, rough-keeled, 2-3 times longer than the perfect flower ; sterile flower neutral ; the lower palea as long as the lower glume, and much longer than the upper palea ; culms rigid, erect ; leaves (!' or more wide) lanceolate, cordate, smooth. — Muddy banks of rivers, Florida, Georgia, and westward. Sept. 1J. — Culms 2° - 3° high. Sheaths imbricated. 8. P. anceps, L. Panicles lateral and terminal, diffuse ; spikelets 3-10 in mostly scattered clusters, ovate-lanceolate, acute ; glumes smooth, keeled, compressed at the apex, the upper 7-nerved, twice as long as the lower one, and one third longer than the fertile flower ; culms flattened. — Var. STRICTUM. Culms strict and rigid, like the erect leaves ; panicle filiform, of few appressed branches, 2' - 3' long. — Damp sterile soil, Florida, and northward. Common and very variable. Aug. and Sept. 1J. — Plant mostly pale. Spikelets often purple. * • Spikelets mostly by pairs, on short appressed pedicels (except Nos. 13 and 14), scattered on the ultimate branches of the usually ample open panicle. •«- Sterile flower consisting oftwopalece. 9. P. virgatum, L. Culms tall (2° - 4° high) ; branches of the large dif- fuse panicle whorled or clustered ; spikelets (1" long) on rough pedicels, ovate ; 574 GRAMINE^. (GRASS FAMILY.) glumes long-pointed, the upper 7-nerved, one third longer than the obtuse per- fect flower ; sterile flower 3-androus. — Sandy soil, Florida, and northward. Aug. and Sept. 1\|. — Culms several in a cluster. Leaves smooth, flat (green), 1° or more long. Glumes purplish. 10. P. amamm, Ell. Glaucous; culms stout; branches of the slender contracted panicle smooth, appressed ; leaves long and rigid, soon convolute ; spikelets ovate-lanceolate (2" long), short-stalked ; upper glume pointed, strongly 7-nerved, one third longer than the oblong obtuse perfect flower, and equalling the 3-androus sterile flower. — Drifting sands along the coast, Florida, and north- ward. Sept. 1\|. — Plant salt and bitter to the taste. 11. P. fasciculatum, Swartz. Smooth; culms erect (1° high), branch- ing; leaves membranaceous, linear-lanceolate; panicle contracted, 3' -4' long, with the mostly simple branches erect ; spikelets deep green, obovate, acute ; glumes smooth, the upper one strongly 7-nerved and reticulated, 2-3 times as long as the lower one, barely longer than the tumid rugose perfect flower; sterile flower neutral. (P. fuscorubens, Lam.) — South Florida. Oct. 1J. •»- •- Sterile flower of one palea, neutral. 12. P. proliferum, Lam. Smooth ; culms thick and succulent, ascending, branched, geniculate ; panicles lateral and terminal, diffuse ; spikelets lanceolate- ovate, acute, somewhat crowded on the straight branches ; upper glume 7-nerved, 3-4 times as long as the lower ; perfect flower pointed. (P. geniculatum, Muhl.) — Wet places near the coast, Florida, and northward. Sept. ® — Culms 1°- 3° long. 13. P. capillare, L. Culms erect, simple or branched; leaves and sheaths hirsute ; panicles lateral and terminal, the very slender branches at length re- flexed; spikelets lanceolate-ovate, scattered on long and capillary pedicels; upper glume 5-nerved, pointed, twice as long as the lower; perfect flower obtuse. (P. strigosum, Ell. 1) — Sandy fields, Florida, and northward. Sept. Q) — Culms l°-2°high. 14. P. divergens, Muhl. Culms slender, fragile, sparingly branched; leaves subulate, rough on the upper surface and margins ; the smooth sheaths longer than the joints ; panicle diffuse, bearded at the axils ; spikelets small, spindle-shaped, solitary at the summit of very long (2' -4') and rough pedun- cles ; lower glume minute ; perfect flower lanceolate-oblong, acute, nearly as long as the upper glume and neutral palea. (P. autumnale, Bosc. ) — Dry sandy soil, South Carolina, and northward. Aug. 1\|. — Culms 1° high. Leaves 2'- 4' long. 15. P. verrucosum, Muhl. Smooth; culms very slender, branched; leaves linear-lanceolate ; panicles terminal, pyramidal, the slender scattered and often simple branches spreading ; spikelets obovate, obtuse ; glumes obtuse, roughened with fine warts, the upper one at length shorter than the perfect flower, the lower minute. — Swamps, Florida, and northward. Sept. 1\|. — Culms 2° - 4° long. Spikelets £" long. 16. P. angustifolium, Ell.? Culms weak, diffusely branched; leaves linear ; panicle simple, the few elongated and scattered branches bearing 2-4 GRAMINE^E. (GRASS FAMILY.) 575 oblong-obovatc acute spikelets near the summit ; glumes papillose-hispid, the upper one 5-nerved, longer than the pointed granular-roughened perfect flower ; the lower minute, obtuse. — Dry soil, Florida to South Carolina. — Culms 1°- 2° long. Spikelets l£" long. * * * Spikelets single, on a spreading pedicel, disposed in open panicles : sterile flower consisting of two unequal palea? , neutral (except No. 17) : perennials: culms at length much branched. 17. P. latifolium, L. Culms smooth, erect; leaves ovate-lanceolate, mostly smooth, the sheaths, especially at the joints, villous ; panicle nearly sim- ple; spikelets large (2" long), obovate; glumes pubescent, obtuse, the upper 2-3 times longer than the lower one ; sterile flower 3-androus. — Dry rich soil, Florida, and northward. May. — Culms l°-l£° high. Leaves and panicles 3' -4' long, the latter exserted. 18. P. clandestinum, L. Culms rigid (1° high), branched, naked at the joints ; leaves lanceolate, acuminate, the sheaths papillose-hirsute ; panicles small, lateral and terminal, more or less included in the sheaths ; spikelets ob- long, pubescent (H" long) ; lower glume half the length of the 7-nerved upper one. — Dry sterile soil, North Carolina, and northward. Sept. 1J. — Varies with the sheaths smooth, or merely pubescent, and the terminal panicle some- times exserted. 19. P. SCOparium, L. Hairy or woolly all over, except the upper sur- face of the somewhat rigid lanceolate leaves ; culms stout (1°- 1£° high), mostly simple ; panicle terminal, exserted ; spikelets obovate (l£" long), obtuse, pubes- cent ; upper glume 9-nerved, three times the length of the lower one ; sterile flower neutral. — Open woods and margins of fields, in dry soil, Florida to North Carolina. May. 20. P. pauciflorum, Ell. "Panicle expanding, few-flowered; flowers very large ; leaves narrow-lanceolate, ciliate at the base ; sheaths hairy." Ell. — In close damp soils, Georgia, Elliott. May. — Culm 12' -18' high, roughish and branching at the joints. Leaves 3' - 4' long, 3" - 4" wide, smooth above. Spikelcts oval, the lower glume very small. Resembles P. scoparium in fruit, and P. villosum somewhat in habit. ( ) 21. P. divaricatum, L. Shrubby, smooth; culms reclining, with short and spreading branches ; leaves lanceolate, faintly nerved, deciduous from the persistent sheaths ; panicles small, simple, few-flowered, terminating the branches ; spikelets (2" long) obovate, tumid, nodding ; glumes smooth, many-nerved, and, like the lower palea of the sterile flower, tipped with a tuft of down ; palea; of the sterile flower nearly equal. — South Florida, Dr. Blodgett. — Leaves l£' - 2' long. Branches of the panicle short and diverging. 22. P. viscidum, Ell. Soft-hairy or downy all over, except a narrow ring below each joint of the culm ; leaves lanceolate ; sheaths viscid ; panicle (4' -6' long) compound, diffuse; spikelets (1" long) ovate, pubescent; upper glume 9-nerved, many times longer than the minute lower one. — Varies with the leaves, sheaths, and purple spikelets smooth. — Wet swamps and bogs, near the 576 GRAMINE^E. (GRASS FAMILY.) coast, Florida, and northward. May. — Culms 3° - 4° high, soon much branched. Leaves 6'- 10' long. Branches of the panicle smooth. — In the smooth form of this species I notice a remarkable deviation from the generic character. The two glumes and lower palea of the sterile flower are as usual in the genus, while the upper palea of the latter is developed into an apparently perfect flower, in all respects similar to the upper one. 23. P. scabriusculum, Ell. Culm (3° -4° long), sheaths, and lower surface of the linear-lanceolate leaves rough and more or less pubescent ; panicle ample, compound, diffuse, pubescent below, the divisions smooth ; spikelets small, ovate, rough, but not pubescent ; upper glume 9-nerved, the lower minute. — Pine-barren swamps, Florida to North Carolina. May. — Probably a form of the last. 24. P. microcarpon, Muhl. Culm and leaves smooth ; the latter lance- olate, tapering from a broad cordate base, strongly nerved, fringed on the mar- gins near the base ; panicle compound, diffuse ; spikelets very numerous, small (£" long), oval, pubescent; upper glume 5-nerved, 3 times the length of the mi- nute lower one. (P. multiflorum, Ell, not of Poir. P. ovale, Ell. ?) — Dry soil, South Carolina, and northward. May. — Culms 2° - 2£° high. Leaves 4' - 6' long, 8" -10" wide. 25. P. dichotomum, L. Culms at length much branched; panicle nearly simple, few-flowered ; leaves linear-lanceolate, bearded at the base, or vil- lous all over. (P. villosum, Ell.) — Var. 1. Panicles compound, diffuse; spikelets small ; leaves linear-lanceolate, and, like culm, sheaths, and panicle, soft hairy (P. lanuginosum, Ell.), or only at the joints of the culm (P. barbula- tum, Michx.), or smooth throughout (P. nitidum, Ell., spikelets purple and very minute). — Var. 2. Culms weak; panicle loose, compound ; sheaths and pale-green thin leaves soft hairy (P. pubescens, Ell.), or the margins of the otherwise smooth leaves fringed with long hairs (P. ciliatum, Ell.). — Var. 3. Culms (2° high) smooth ; leaves large (6' -8' long), lanceolate, rough or downy above, margins near the base and sheaths fringed ; panicle large, diffuse ; spike- lets (1" long) oblong, nearly smooth. (P. nervosum, Ell. ?) — Var. ? 4. CulmJ smooth and rigid (1° - 1^° high) ; leaves pale, rigid, lanceolate, fringed ; panicle oblong, diffuse ; spikelets minute, oval, very hairy. (P. spha;rocarpon, Ell.) — Woods, fields, and swamps, everywhere, in some one of its numerous forms. March - May. 26. P. depauperatum, Muhl. Culms low (2' -12' high), simple, erect, like the linear leaves ; panicle simple, few-flowered, with the branches erect, often shorter than the subtending leaf; spikelets oval-obovate (1" long), mostly acute ; upper glume 9-nerved, smoothish, three times the length of the ovate lower one. (P. strictum, Pursh.) — Dry sandy soil, North Carolina, and northward. June. — Leaves rigid, 2' - 6' long, smoothish or hairy. 27. P. melicarium, Michx. " Culm weak ; leaves narrow ; panicle con- tracted ; glumes membranaceous, lanceolate, nearly equal ; rudiment of a flower stalked. — In Carolina and Georgia. Very smooth. Leaves long. Panicle slender, long, with few branches." Michx. ( ) GRAMINE^E. (GRASS FAMILY.) 577 § 3. AULAX ANT HITS. — Spikelets awnless, single, loosely racemose on the erect branches of the compound contracted panicle : lower glume wanting, the upper one 5-ribbed, very hairy: perennials. 28. P. ignoratum, Kunth. Culms erect, simple, smooth ; leaves linear- lanceolate, pungent, strongly nerved, fringed on the margins, the lower ones widely spreading ; panicle racemose ; spikelets obovate ; sterile flower 3-androus ; anthers and stigmas yellow. ( Aulaxanthus ciliatus, Ell.) — Dry gravelly soil, Florida to North Carolina* July and Aug. — Culms 2° - 3° high. Leaves and spikelets pale. 29. P. rufum, Kunth. Leaves erect, linear, smooth, elongated ; sterile flower neutral ; anthers and stigmas purple ; otherwise like the preceding. (Au- laxanthus rufus, Eli.) — Pine-barren swamps, Florida to North Carolina. Sept. — Leaves and spikelets purplish. § 4. ECHINOCHLOA. — Spikelets crowded on one side of the racemed or pani- cled spikes: glumes and lower palea of the sterile flower hispid-pointed or awned. 30. P. Crus-galli, L. Culm stout (2° -4° high), branching; leaves very long, broadly linear, rough; sheaths smooth, rough, or hispid; spikes (l'-2' long) very numerous, crowded in a long raceme ; spikelets clustered ; glumes and lower palea of the sterile flower strongly hispid on the nerves, awn-pointed or long-awned ; fertile flower rough-pointed. — Wet places, Florida, and north- ward. Aug. and Sept. (1) — Awns pale or purple. 31. P. Walter!, Ell. Culms (l°-2° high) branching; leaves linear, smooth, like the sheaths; spikes 5-12, distant, erect or appressed (£'-!' long), bearded at the base ; spikelets in 3 rows, awnless ; glumes and lower palea his- pid on the nerves, pointed; fertile flower barely pointed ; rachis rough. — Damp soil, Florida to North Carolina. July- Sept. ® — Spikelets purplish. 32. P. ? molle, Michx. " Spikes panicled, alternate, expanding, flower- ing on one side ; spikelets approximate, pedicillate, on one side, awnless," Ell. — Sea islands of South Carolina, Elliott. Aug. and Sept. 1J. — Culm 4° - 6° high, smooth below, downy above. Leaves 12' -18' long, smooth, fringed at the throat. Spikelets 2-3 together on a villous rachis, hairy. Plant salt and bitter. § 5. ORTHOPOGON. — Panicle simple, spiked: spikes few-flowered, distant: t/lumes equal, Jiairy, the lower one long-awned: upper and lower palece of the sterile Jlower short-awned. 33. P. hirtellum, L. Culms slender, ascending from a creeping base; leaves (l'-2'long) ovate-lanceolate, thin; sheaths hairy; spikes about 5, dis- tant, 5-8-flowered; awns (often purple) clammy. — Shady woods, Florida to North Carolina. Aug. and Sept. 1\|. — Culms 1° - 2° long, branched, the erect portion 6' -12' high. 60. SETARIA, Beauv. Erect annual grasses, with flat leaves and the spikelets of Panicum proper, but crowded in cylindrical spike-like panicles ; the short pedicels bearing one or more bristles, which usually exceed the spikelets. 49 578 GRAMINEJS. (GRASS FAMILY.) * Bristles roughened downward. 1. S. verticillata, Beauv. Culrns sparingly branched; leaves linear- lanceolate, rough above ; spike cylindrical, compact, somewhat interrupted be- low (2' -3' long) ; bristles short, single or by pairs. — Around dwellings, North Carolina, and northward. Introduced. — Culm. 2° high. * * Bristles roughened upward. 2. S. glauca, Beauv. Culms smooth, slightly compressed ; leaves linear- lanceolate, rough above; spike nearly simple, cylindrical; bristles 6-10, in 2 clusters, longer than the spikelets ; perfect flower transversely wrinkled. — Var. L^EVIGATUM (Panicum laevigatum, Ell.} has a more flattened culm, longer, nar- rower and smooth leaves, and the perfect flower obscurely wrinkled. — Culti- vated ground, the var. in damp soil along the coast, Florida to North Carolina. — Culms 1° -3° high. Spikes 2' -3' long, pale or purplish. 3. S. viridis, Beauv. Culms smooth, terete ; leaves lanceolate or linear- lanceolate, rough ; spikes compound, cylindrical, dense ; bristles 1 - 3 to each spikelet ; perfect flower finely striate and dotted lengthwise. — Around dwell- ings. Introduced. June - Sept. — Culms 1° - 2° high. Spikes 1' - 2' long. 4. S. COrrugata, Schult. Culms, narrow (2" wide) leaves, and sheaths rough; spikes compound, cylindrical, dense, erect or bending; spikelets 6-10 in a cluster; bristles one to each spikelet, elongated; perfect flower obtuse, strongly wrinkled. (Panicum corrugatum, Ell.) — Dry soil, Florida and Georgia. July and Aug. — Culms 2° - 3° high. Spikes 3' - 6' long, purple. 5. S. composita, Kunth. Culms smooth; leaves linear-lanceolate, the fringed sheaths rough-hairy at the throat; spikes loose, compound, the lower clusters scattered ; bristles single or by pairs, many times longer than the spike- lets ; perfect flower acute, with faint transverse lines. — Dry sandy soil along the west coast of Florida, Apalachicola to Key West. June -Aug. — Culms 20-40 10^ Leaves 1° or more long. Spikes 6'- 12' long. 6. S. Italica, Kunth. Culms tall (4° -8° high), smooth, branched; leaves (£'-!' wide) very rough; spikes compound (6' -18' long), cylindrical, dense, the lower clusters scattered ; bristles 1 - 2 to each spikelet, elongated ; fertile flower smooth and even. — Swamps along the coast, Florida to North Carolina. July -Sept. — This, and Penicillaria spicata, Willd., are commonly cultivated, under the name of MILLET, as green food for cattle. The latter seems to be the Panicum cenchroides, Ell. 51. CENCHRUS, L. COCK-SPUR. Prostrate or creeping grasses, with the spikelets of Panicum proper, but en- closed, 1 - several together, in spiny or bristly, at length indurated and decid- uous involucres ; the latter burr-like, and arranged in a terminal spike. Stamens 3. Styles united below. 1. C. echinatus, L. Spikes cylindrical, composed of 20 or more globular involucres (3' -4' long) ; involucre downy, spiny above, and with a row of rigid barbed bristles above the base, 3 - 5-flowered ; culms ascending. — Fields and GRAMINE^E. (GRASS FAMILY.) 579 waste grounds, Florida to North Carolina. July -Sept (D — Culms 1°- 2° long. Involucre purplish. 2. C. tribuloides, L. Involucres whitish, 10-15 in a spike, wedge-shaped at the base, armed above with stout compressed broadly subulate erect or spread- ing spines ; bristles none ; spikelets mostly by pairs. — Sands along the coast, Florida, and north ward. July -Oct. Q) — Culms prostrate, 1°- 2° long. Leaves, linear. Spikes 1'- 2' long. 52. STENOTAPHRUM, Trin. A creeping and branching grass, with the awnless spikelets sunk in excavations of the continuous flattened rachis. Spikelets by pairs, one pedicelled and imper- fect, the other sessile, and with the structure of Panicum. 1. S. Americanum, Schrank. (Rottbcellia dimidiata, Ell.) — Damp sandy places along the coast, Florida to South Carolina. June - Sept. 1J. — Smooth throughout. Culms flattened, creeping, the branches nearly opposite ; flowering culms erect, 6'- 12' high. Leaves 2/ -6' long, linear, obtuse, flat or folded, contracted at the base. Spikes lateral and terminal, peduncled, 2' - 5' long. Sterile spikelet neutral or rudimentary. Fertile spikelet sessile; the up- per glume 7-nerved, 3 times the length of the lower one. Palea of the sterile flower coriaceous, like those of the perfect one. 53. ROTTBCELLIA, Brown. Erect perennial mostly tall grasses, with flat or channelled leaves and spiked inflorescence. Spikes nearly terete, jointed. Spikelets awnless, borne by pairs at the base of each joint ; one imperfect, on a coriaceous and closely appressed ped- icel ; the other sessile, embedded in an excavation of the joint, 2-flowered. Glumes 2, the exterior one flat, coriaceous, with a hinge-like depression at the base, the interior boat-shaped, membranaceous. Palete hyaline, 1 -2 in the staminate or neutral lower flower, and 2 in the upper and perfect flower. Stamens 3. Styles 2. Grain compressed, free. — Spikes solitary on lateral and terminal peduncles or branches. 1. R. rugosa, Nutt. Culms compressed ; peduncles or branches clustered, short, included in the sheaths of the elongated upper leaves ; spikes spreading, slightly compressed; sessile spikelet shorter than the joint; lower glume lance- olate, transversely rugose ; sterile flower neutral. — Pine-barren swamps and ponds, Florida to North Carolina. Sept. — Culms 2° -4° high. Spikes green, l£'-2' long, 1" in diameter. 2. R. corrugata, Baldw. ? Culm stout, compressed; peduncles mostly single, elongated ; spikes slightly compressed, erect ; spikelets longer than the joint ; lower glume longitudinally grooved and somewhat reticulated, ovate ; sterile flower staminate. — Low pine barrens, Georgia and Florida, near the coast. Sept. and Oct. — Culm 2° -4° high. Spikes 4' -6' long, 2" in diam- eter, purplish. 3. R. cylindrica. Cuhn slender, terete ; leaves narrowly linear ; peduncles single, elongated; spikes slender, terete, mostly curved; spikelets as long as 580 GRAMINE^E. (GRASS FAMILY.) the joint ; lower glume ovate, obtuse, obscurely pitted in lines ; sterile spikelet rudimentary. (Tripsacum cylindricum, Michx.) — Dry sandy soil, Florida. July - Sept. — Culms 1° - 2° high. Spikes 2' - 6' long, 1 " in diameter, purplish. 54. MANISURIS, L. Annual grasses, with branching culms, flat leaves, and spiked inflorescence. Spikes lateral and terminal, clustered, jointed, the short peduncles enclosed in spathe-like sheaths. Spikelets 1 -flowered, placed one at each end of the joints of the spike ; the upper neutral, compressed, of two nearly equal hispid mem- branaceous glumes ; the lower perfect, globose. Glumes coriaceous, concave, the lower reticulated, the upper smooth. Paleae 2, hyaline. Stamens 3. Grain included. 1 . M. granularis, Swartz. Leaves linear-lanceolate, and, like the sheaths, hairy; spikes 6" -10" long; spikelets minute, turning black. — Fields and pas- tures, Florida to South Carolina. Aug. and Sept. Introduced. — Culms 1°- 2° high. 55. TRIPSACUM, L. GAMA-GRASS. A tall perennial grass, with solid culms, broad and flat leaves, and spiked inflorescence. Spikelets awnless, monoecious, in jointed spikes, the upper ones staminate, the lower fertile, 2-flowered. Staminate flowers by pairs on each short triangular joint of the slender rachis, 3-androus ; glumes 2, coriaceous ; paleae hyaline. Pistillate spikelets single, embedded in a deep excavation of the thick and polished joints ; the outer glume cartilaginous, concave, the inner membranaceous, boat-shaped ; lower flower neutral, the upper pistillate, both with hyaline paleae. Anthers opening by terminal pores. Stigmas elongated. Grain free. I. T. dactyloid.es, L. — Rich soil, Florida, and northward. Aug. and Sept. — Culms erect, from tufted creeping rootstocks, 3°-5P high. Leaves 1' wide. Spikes 4' - 8' long, on long lateral and terminal peduncles, 2 - 4 in a cluster or sometimes solitary. (T. monostachyum, Willd.) 56. ANDROPOGON, L. BROOM-GRASS. Coarse perennial grasses, with branching erect culms, long and harsh leaves, and spiked inflorescence. Spikes lateral and terminal, jointed. Spikelets by pairs on each joint of the slender commonly hairy or plumose rachis ; one of them pedicelled and staminate, neutral, or rudimentary ; the other sessile, 2- flowered, the lower flower consisting of one palea, and neutral ; the upper of 2 paleae, mostly perfect, shorter than the herbaceous or chartaceous glumes, the lower one mostly awned at the apex (except No. 1). Stamens 1-3. Grain free. § 1. ANDROPOGON PROPER. — Upper flower perfect. * Peduncle solitary, bearing a single spike. 1. A. ETuttallii. Culms (3° -4° high) straight, smooth, like the long linear leaves ; spikes rigid, long-peduncled, the rachis and pedicel of the sterile GRAMINE^E. (GRASS FAMILY.) 581 flower fringed with closely appressed white hairs ; spikelets awnlcss ; glumes hispid above ; sterile flower of 2 palea?, 3-androus. (Rottboellia ciliata, Nutt.) — Low pine barrens, Florida and the lower districts of Georgia. Sept. — Spikes 3' - 6' long. 2. A. oligostachyus. Culms rigid, erect ; leaves linear, smooth, glau- cous ; spikes 3 - 4, on short mostly included peduncles, hoary with short spread- ing hairs ; lower glume pubescent, £- J as long as the contorted awn; sterile flower neutral, short-awned. — Dry sand-ridges, Middle Florida. Aug. and Sept. — Culm 2° - 3° high. Spikes 2' - 3' long. 3. A. tener, Kunth. Culms filiform, like the smooth soon involute leaves ; spikes terete, with the joints bearded at the base, otherwise smooth ; spikelets ap- pressed, half as long as the bent awn ; glumes rough above ; upper palea minute ; pedicel of the awnless neutral flower bearded at the apex. — Dry grassy pine barrens, Georgia, Florida, and northward. Sept. — Culms 2° -3° long. Spikes slender, 1'- 2' long. Upper leaves short, bearded at the throat. * * Peduncles clustered, each bearing a single spike. 4. A. SCOparius, Michx. Leaves smooth or rough-hairy ; spikes numer- ous, on exserted peduncles, the slender flexuous rachis, and pedicel of the awned or awnless staminate or neutral sterile flower fringed with spreading hairs ; per- fect flower half as long as the awn, the glumes often roughened with elevated points. — Dry sterile soil, Florida, and northward. Aug. and Sept. — Culms 2° - 3° high. Spikes 1 ' - 2' long. =fc # * Peduncles or branches mostly clustered, bearing 2-4 rigid (qreen) digitate spikes : rachis and pedicel of the triandrous awnless sterile flower fringed with scattered hairs, and short-bearded at the base. 5. A. furcatus, Muhl. Culm stout, rigid, 3° -5° high; leaves rough, fringed at the base ; peduncles or branches commonly several at each upper joint ; spikelets appressed ; glumes hispid on the nerves, half as long as the bent awn. — Open woods and margins of fields, Florida, and northward. Sept. — Spikes compressed, 2' -3' long. * # =fc # Peduncles or branches 1 —several from each upper joint, often included in the dilated sheaths : spikelets slender, hoary with long silky spreading hairs : sterile flower reduced to an awn-like glume at the apex of the very slender pedicel, or obsolete: stamen 1. 6. A. tetrastachyus, Ell. Culms 3° -4° high; leaves and sheaths very hairy ; branches short, the lower ones by pairs, the upper single ; spikes 4 ; glumes bristly-serrulate, one fourth as long as the straight awn ; pedicel of the awn-like sterile flower barely exceeding the fertile flower. — Var. DISTACHYUS. Leaves and sheaths less hairy or smoothish ; spikes by pairs, more rigid, on long-exserted branches ; pedicel of the sterile flower much longer than the smoother glumes. — Low pine barrens, Florida to North Carolina. Sept. 7. A. Elliottii. Culms l°-2° high, bearded at the upper joints; leaves purplish, narrow, hairy at the base ; sheaths hairy, the upper ones inflated and often crowded or imbricated ; branches single or by pairs ; spikes by pairs (rarely 49* 582 GRAMINE^E. (GRASS FAMILY.) 3-4), exsertcd, or included in the upper sheaths; awn 3-4 times the length of the glumes ; hairs of the very slender rachis long and glossy. (A. argenteus, Ell., not of DC.) — Wet or dry pine barrens, Florida to North Carolina. Sept and Oct. — Somewhat variable, but distinguished by the dilated clustered sheaths, and by the silvery hairs of the spikes. 8. A. Virginicus, L. Culms mostly tall, erect or bending, with the joints remote and bearded ; branches 1 - 2 from the upper dilated sheaths, compound and forming a long and loose panicle; spikes by pairs (rarely by fours), shorter than the sheaths ; awn straight, four times the length of the glumes ; sterile flower none. (A. vaginatus, Ell., the short branches or peduncles included in the more inflated sheaths. A. dissitiflorus, Michx. 1 A. gracilis, Carpenter, the spikes borne at the summit of elongated simple branches.^) — Barren soil, Florida to Mississippi, and northward. Sept. and Oct. 9. A. macrOUTUS, Michx. Spikes by pairs, exceedingly numerous, crowd- ed in a large and close panicle ; awns 3-4 times the length of the glumes ; sterile flower an awn-like glume. — Varies with the whole plant glaucous and more slender, branches and spikes more scattered. — Low barren soils, Florida, and northward. Sept. — Culms 2° - 5° high. 10. A. ternarius, Michx. "Branches remote, alternate, solitary, simple, bearing mostly three distant alternate 2-cleft spikes ; hairs of the involucre shorter than the glume; flowers 3-androus; paleae somewhat villous; awn long, con- torted." Michx. In Carolina. () § 2. HETEROPOGON. — Uppers/lower staminate or pistillate. 11. A. melanocarpUS, Ell. Culms tall (4° - 8° high) paniclcd above; leaves elongated ; spikes numerous, approximate, 1 -sided, shorter than their slender filiform-pointed sheaths ; spikelets large, the two lowest pairs glume-like, persistent, sterile, the others deciduous ; sterile flower 3-androus, with the lower glume lanceolate, membranaceous, twisted, much longer than the fertile spikelet and the smooth and short pedicel ; fertile spikelet rusty bearded ; the coriaceous glumes obtuse, many times shorter than the very long (4') contorted and hairy awn. — Indian old fields, Florida and Georgia. Introduced? — Glume of the sterile spikelet, like the sheaths, rugose on the back. Perhaps identical with A. polystachyus, Roxb. 57. ERIANTHUS, Michx. Tall reed-like grasses, with long and flat leaves, and panicled inflorescence. Spikelets by pairs on the slender branches, alike, one pedicelled, the other ses- sile, both with a hairy involucre at the base. Lower flower of one palea, neutral ; the upper of two paleae, perfect, shorter than the membranaceous nearly equal glumes, the lower one awned. Stamens 2-3. 1. E. alopecuroides, Ell. Culms 4° -10° high; sheaths of the broad (6" - 12") very rough leaves woolly above, rough below ; panicle (1° - 2° long) woolly, expanding, pyramidal; hairs of the involucre copious, twice as long as the sparsely hairy glumes ; awn straight. — Var. CONTORTUS. (E. contortus, Ell.) GRAMINEJS. (GRASS FAMILY.) 583 Smaller (20-4°high) ; leaves and sheaths smooth; panicle (6'-12'long) oblong; awns short and twisted. — Var. BREVIBARBIS. (E. brevibarbis, Michx.) Smooth or nearly so; rachis of the oblong panicle rough (not woolly) ; hairs of the in- volucre shorter than the glumes. — Dry or wet soil, Florida to North Carolina. Sept. and Oct. 2. E. Strictus, Baldw. Culms, leaves, and sheaths smooth or slightly roughened; panicle (10' -15' long) spiked; involucre very short or none; glumes rough ; awns straight. — River-banks, Florida and the lower districts of Georgia, and westward. Sept. — Culms 4° -8° high. Leaves 3" -6" wide. Spikelets twice the size of the preceding. 58. SORGHUM, Pers. Spikelets 2-3 together on the slender branches of the loose panicle ; the lat- eral ones sterile or a mere pedicel ; thfe middle or terminal one fertile. Glumes coriaceous or indurated, closely bearded, sometimes awnless. Otherwise like Andropogon. 1 . S. avenaceum. Panicle erect ; glumes yellowish, lanceolate, the lower one hairy ; one palea to each flower, linear, ciliate ; awn rough, slender, twice as long as the glumes ; sterile flowers reduced to one or two slender hairy pedicels. (Andropogon avenaceus, Michx. A. ciliatus, Ell.) — Dry sandy soil, Florida to North Carolina. Sept. 1J. — Culms (2° - 4° high) and leaves smooth. Panicle oblong, 6' - 12' long. 2. S. nutans, Gray. Panicle long and narrow, nodding ; glumes dark brown, the upper sparingly, the lower densely hairy ; palese of the upper flower 2, unequal ; awn 4 times the length of the glumes, bent in the middle, rough above, twisted and hairy below ; sterile spikelets mostly rudiments. (A. nutans, L.) — Dry barren soil, Florida and northward. Sept. ]\|. — Culms 2° - 4° high. Panicle 1° - 2° long. 3. S. secundum. Panicle erect, contracted, 1-sided ; spikelets nodding ; glumes light brown, very hairy all over ; otherwise like the last, and probably a variety of it. (Andropogon secundus, Ell.) — Dry sand-ridges in the pine bar- rens, Georgia and Florida. Sept. and Oct. — Culms 2° - 3° high. S. VULGARE, Pers., is the DURRA CORN; S. SACCHARATUM, the BROOM CORN; S. CERNUDM, Willd., the GUINEA CORN. S. HALAPENSE, Pers., is sometimes cultivated under the name of CUBA GRASS. 59. LUZIOLA, Juss. Perennial aquatic or marsh grasses, with narrow elongated leaves, and pan- icled monoecious flowers ; the pistillate and smaller staminate spikelets borne on separate panicles. — Spikelets scattered, on jointed pedicels, nearly terete, 1-flowered. Glumes none. Paleaj 2, nearly equal, membranaceous, concave, obtuse, strongly nerved. Squamulae 2. Stamens 5-11 : anthers linear, 2-lobed at the base, much longer than the short filaments. Styles 2, short : stigmas plumose. Grain free, ovoid. Pericarp crustaceous. 584 GRAMINE^:. (GRASS FAMILY.) 1. L. AlabamensiS, n. sp. Smooth throughout ; culms low (4'- 6' high), simple, jointed near the base ; leaves mostly two ; the lowest one 3-4 times the length of the culm ; the elongated purple sheath enclosing the short membrana- ceous upper one, and the stalk of the simple few-flowered panicle ; spikelets pale, ovate-lanceolate, shorter than the erect or appressed capillary pedicels ; the staminate and pistillate ones borne on separate culms ; paleae of staminate spikelet lanceolate, 7 -nerved ; those of the pistillate ovate-lanceolate, 11-13- nerved, much longer than the smooth grain. — Brooklyn, Conecuh County, Alabama, J. F. Beaumont. 60. MONANTHOCHLOE, Engelm. A low maritime branching grass, with very short rigid crowded leaves, and dioecious flowers in solitary terminal sessile spikes. Glumes none. — Spikes short, 3 - 5-flowered ; the lowest flower, or the two lower ones, neutral, of 1 -2 paleae ; the uppermost abortive ; the intermediate ones, composed of two paleae, triandrous in the staminate, digynous in the pistillate spike. Paleae convolute, scarious arid obtuse at the apex; the lower one rigid, ovate-lanceolate, 9-12- nerved above ; the upper rather longer, 2-keeled or 2-winged on the back. Squamulse none. Anthers longer than the short filaments, 2-lobed at each end. Ovary lanceolate-linear, 3-angled. Styles 2 : stigmas elongated, plumose with simple hairs. Grain 3-angled, free. 1. M. littoralis, Engelm. — Low sandy shores, South Florida, and west- ward. — Culms much branched, 5' - 8' high, smooth and somewhat woody, erect, or at length prostrate and rooting. Leaves 3" long, very rigid, ob- tuse, many-nerved, rough on the margins, mostly crowded at the summit of the short branches, and enclosing the short (3 "-4") sessile spikes. Flowers pedicelled. FILICES. (FERNS.) 585 SERIES II. CRYPTOGAMOUS OR FLOWERLESS PLANTS. VEGETABLES destitute of proper flowers, and producing, in. the place of seeds, minute homogeneous bodies (spores) containing no embryo. CLASS m. ACROGENS. Plants with a distinct stem, growing from the apex only, containing woody fibre and vessels. ORDER 161. EQUISETACE^E. (HORSETAIL FAMILY.) Comprises only the genus 1. EQUISETUM, L. SCOUKING RUSH. Fructification terminal, spiked or cone-like. Spore-cases (sporangia) 6-7, borne on the lower surface of the peltate scales, 1-celled, opening on the inner side. Spores loose, furnished at the base with 4 club-shaped elastic filaments (elaters). — Stems leafless, grooved, hollow and jointed, bearing at the closed joints a toothed sheath. 1. E. Isevigatum, Braun. Stems perennial, mostly simple, the obtuse ridges smooth, or roughened with minute tubercles ; sheaths appressed, with numerous bristle-like caducous black teeth. — Stiff clay soil, North Carolina, and northward. — Stem l£° - 4° high. ORDER 162. FILICES. (FERNS.) Leafy plants, mostly with perennial rootstocks (caudex), which in this climate are creeping and slender, or stouter and sometimes ascending, but in the tropics often grow many feet high, with a diameter of several inches, giving the plants an arborescent appearance (Tree-ferns). Leaves (fronds) circinately rolled up in vernation (except the last Suborder), and raised on a stalk or petiole (stipe). Spore-cases (sporangia) one- * By DANIEL C. EATOX. 586 FILICES. (FERNS.) celled, borne on the under side of the fronds or along their margins, often covered by a membrane of various shape (indusium or involucre), contain- ing numerous exceedingly minute spores. Synopsis. SUBORDER I. POLYPODINE^E. Sporangia collected in dots, lines, or variously shaped clusters (sori or fruit-dots), or in indefinite masses, cellular-reticulated, mostly pedicelled ; the stalk running into a vertical incomplete elastic ring, the straightening of which ruptures the ripe sporangium on the inner side, discharging the spores. — Fronds simple or variously divided. TRIBE I. ACROSTICHEJE. — Sporangia collected in large or indefinite masses on the back of the frond : indusium none. 1. ACROSTICHUM. Sporangia covering the lower surface of the upper pinnae. Veins retic- ulated. TRIBE II. POI/ITPODIE.3E. — Fruit-dots roundish, distinct, destitute of indusium, borne on the back of the frond. 2. POLYPODIUM. Fruit-dots scattered variously on the back of the frond, borne at or near the ends of the veins. TRIBE III. — VITTARIE.3E. — Sporangia borne in a continuous elongated marginal or sub-marginal furrow. 3. V1TTARIA. Fronds sun pie, narrowly linear. TRIBE IV. PTERIDEJE. — Fruit-dots marginal, separate or continuous. Indusium formed by the reflexed margin of the frond or its lobes, opening toward the midrib. * Indusium thin and membranaceous, continuous around the margin of the fertile pinnae. 4. PTERIS. Sporangia borne on a transverse intramarginal veinlet. 5. PELLJEA. Sporangia borne on the ends of the veins, at length confluent. * * Indusium rarely continuous, mostly formed of the reflexed ends of the lobes or divisions of the pinnae or pinnules. 6. CHEILANTHES. Sporangia borne on the veins beneath the reflexed margin of the frond. Pinnules with a midrib. 7. ADIANTUM. Sporangia borne on the under side of the indusium. Midrib none or eccentric. TRIBE V. BIjECHHTEJE. — Fruit-dots dorsal, linear or oblong, borne on transverse veins parallel to the midrib. Indusium fixed by its outer margin, and opening at the inner one. 8. BLECHNUM. Fruit-dots linear, elongated, covered by a continuous indusium. 9. WOODWARDIA Fruit-dots linear-oblong, in a series near the midrib, covered by sep- arate indusia. TRIBE VI. A SPLENIEJE. —Fruit-dots dorsal, linear or oblong, oblique or at right angles to the midrib. Indusium fixed by one margin to the veinlet, opening at the other. 10. CAMPTOSORUS. Fruit-dots straight or curved, scattered irregularly on the more or less reticulated veins, or facing each other in pairs. Frond simple. 11. ASPLENIUM. Fruit-dots oblique, on the upper side of the veins, rarely on both sides of them. Veins free. FILICES. (PERNS.) 587 THIBE VII. ASPIDIE^E. — Fruit-dots at or below the ends of the reins, round, or somewhat oblong and then placed across the vein. Indusium round or nearly so, fixed in the middle and opening at the margin, or reniform and fixed at the sinus. * Fertile and sterile fronds alike. 12. CYSTOPTERIS. Indusium on the back of the veinlet, hood-shaped, fixed at the base partly under the fruit-dot, opening toward the apex of the segment. 13. ASPIDIUM. Indusium mostly on the back of the veins, orbicular or round-renifonn, fixed in the middle or at the sinus, opening all round the margin. 14. NEPHKOLEPIS. Indusium at the end of a free vein, reniform, fixed at the sinus or by the arcuate base, opening toward the margin of the frond. * * Fertile and sterile fronds different. 15. ONOCLEA. Fertile fronds contracted, the divisions rolled up and berry-like. TRIBE VlII. \VOODSIEJE. — Fruit-dots round, borne on the back of a free vein. In- dusium fixed beneath the fruit-dot, saucer-shaped, or globose and bursting at the top. 16. "WOODSIA. Indusium divided into irregular lobes, or a capillary fringe. TRIBE IX. DICKSONIEJE. — Fruit-dots marginal, roundish, borne at the ends of the free veins. Indusium cup-shaped or two-valved, its outer part composed of a reflexed lobe of the frond, or more or less united with it. 17. DICKSONIA. Indusium (in our species) small, nearly globular, membranaceous. SUBORDER II. HYMENOPHYLLE2E. Sporangia borne on a scti- form or slender receptacle, cellular-reticulated, surrounded by a complete transverse ring. Involucres marginal, at the ends of the veins, cup-shaped or two-valved. Fronds delicately membranaceous and pellucid. 18. TRICHOMANES. Involucre cup-shaped or funnel-shaped, sometimes 2-lipped. SUBORDER III. SCHIZ^ZEINEjE. Sporangia large, borne on narrow segments of the frond, oval, cellular-reticulated, crowned by the converg- ing striae of a complete apical ring, opening longitudinally. 19. LYGODIUM. Sporangia attached laterally in two rows to the narrow divisions of the pinnse, each one covered by a scale-like indusium. 20. ANEIMIA. Sporangia attached by their bases to the narrow divisions of the panicled fertile branches of the frond. Indusium none. SUBORDER IV. OSMUNDINE^E. Sporangia large, nearly sessile on the back or margins of the mostly contracted fertile fronds, two- valved, opening vertically at the apex. King rudimentary or none. 21. OSMUNDA. Sporangia globular, covering the contracted fronds or portions of fronds. SUBORDER V. OPHIOGLOSSE^E. Sporangia very large, sessile, spiked or panicled, coriaceous, not reticulated, on narrow divisions of the frond, destitute of a ring, transversely two-valved. Fronds not circinate in vernation. 22. BOTRYClirUM. Sporangia in panicled spikes. Sterile part of the frond pinnately di- vided. 23. OPHIOGLOSSUM. Sporangia in a simple spike. Sterile part of the frond simple in our species. 588 FILICES. (FERNS.) 1. ACROSTICHUM, L. Sporangia entirely covering the lower surface of the upper pinnae. Veins finely reticulated with oblong hexagonal meshes. — Tall Ferns, with pinnate fronds. 1. A. aureum, L. Fronds coriaceous; pinnae short-stalked, lanceolate- oblong, entire. — Coast of South Florida. — Fronds 4° - 8° high, dark green, shining. 2. POLYPODIUM, L. POLYPODY. Fruit-dots round, naked, mostly at the ends of the free or reticulated veins. — Rootstocks creeping. Sterile and fertile fronds alike. § 1. POLYPODIUM PROPER. - Veins free. 1. P. vulgare, L. Fronds evergreen, smooth on both sides, oblong, simply and deeply pinnatifid; the divisions linear-oblong, obtuse, slightly toothed ; fruit-dots large. — Mossy rocks, &c., in shady woods, in the upper districts of Alabama, and northward. — Fronds 4' - 10' high. 2. P. Plumula, "Willd. Fronds linear-lanceolate, narrowed at both ends, pinnatifid t0 the black and somewhat chaffy midrib ; the divisions very numer- ous, narrowly linear, entire, wider at the base ; fruit-dots small. — Tampa Bay, Dr. Leavenworth. — 'Fronfa 12' -18' high, 18" -24" wide. 3. P. hexagonopterum, Michx. Fronds annual, broadly triangular, bipinnatifid ; pinnae lanceolate, acuminate, spreading, the lower pair erect ; pin- nules oblong, mostly obtuse, crenately toothed or entire; fruit-dots numerous, minute. — Shady woods, Florida to Mississippi, westward and northward. — A foot or more high from an elongated creeping rootstock. Pinnae decurrent, forming irregular hexagonal wings on the rachis. § 2. MARGIN ARIA, Bory. — Veins obscure, sometimes reticulating near the margin. Stipe and lower surface of the frond covered with chaffy scales. 4. P. incamim, Swartz. Fronds evergreen, coriaceous, beneath thickly beset with peltate chaffy scales, smooth and green above, pinnately parted ; the divisions oblong, obtuse, entire ; fruit-dots near the margin. — On trunks of trees, Florida to Mississippi, westward and northward. — Rootstock chaffy, creeping. Fronds 3' - 8' high. § 3. CAMPYLONEURUM, Presl.— Veins parallel, pinnate from the midrib: veinlets reticulated, forming a series of parallel angular arcs with short veinlets pro- ceeding from their angles. Fronds simple. 5. P. Phyllitidis, L. Fronds linear-lanceolate, entire, acuminate, of a thin chartaceous texture, semi-pellucid ; fruit-dots rather large, in two rows between the veins. — South Florida. — Fronds 1° -2° high. § 4. PHLEBODIUM, R. Br.— Veins pinnate from the midrib, furcate: veinlets reticulated in mostly elongated meshes. Fruit-dots large, commonly at the extremities of two converging veinlets. 6. P. aureum, L. Fronds smooth and glaucous, broadly ovate, pinnately FILICES. (FERNS.) 589 parted ; the divisions lanceolate, acuminate, entire ; fruit-dots mostly in a double series in each lobe of the frond, near the midrib. — South Florida. — Rootstock large, creeping, copiously beset with lanceolate brown chaffy scales. Stipe smooth, 8' - 10' long. Fronds 10' - 15' long, two thirds as wide. 3. VITTARIA, Smith. Sporangia on a continuous receptacle immersed in a furrow open outwardly at or near the margin of the frond. Veins obscure, simple, connected at their extremities by the receptacle. Fronds simple, linear, elongated. 1. V. lineata, Swartz. Fronds nearly sessile, narrowly linear, elongated; midrib inconspicuous, lines of fructification near the margin. (V. angustifrons, Michx.) — On trees, South Florida. Fronds many from the short scaly root- stock, l°-2°long. 4. PTERIS, L. Sporangia borne on a transverse marginal receptacle connecting the ends of the veins. Indusium continuous, formed of the membranaccous margin of the frond, at first reflexed, at length pushed back and disclosing the ripened fructifi- cation. Fronds 1 -3-pinnate or decompound. 1. P. longifolia, L. Fronds lanceolate, pinnate ; pinnoe numerous, nar- rowly linear, acuminate, obtuse at the base, the terminal one elongated, the lower ones gradually smaller. — Key West. — Fronds l°-2° high, smooth. Stipe more or less chaffy. 2. P. Cretica, L. Fronds smooth, ovate, ternate or pinnate ; the lower pinnce 2 - 3-parted, sessile, the upper ones decurrent ; sterile ones lanceolate, or linear-lanceolate, finely serrate ; fertile ones narrower, entire, or spinulose- serrate at the acuminate apex ; veins straight, simple or forked, close together, almost at right angles to the midrib. — Shady woods, Middle and East Florida, — Frond 6'- 10' long. Stipe smooth, very long and slender. 3. P. aquilina, L. (BRAKE.) Fronds large, glabrous or somewhat hairy beneath, broadly triangular, tripinnate ; pinnules oblong or linear, entire or has- tate or pinnately parted ; ultimate segments obtuse, oblong or linear, the termi- nal ones often elongated, the margin reflexed or revolute ; veins simple or forked ; indusium narrow, ciliated. — Common everywhere. — Stipe stout, & - 2° high. Frond l°-2°long. Var. caudata (P. caudata, L.), with very narrow segments, the terminal ones elongated, and both surfaces of the frond glabrous or even glaucous, occurs in South Florida and along the Gulf coast. 6. PELLJSA, Link. Fruit-dots oblong or linear at the ends of the veins, confluent in a broad marginal line of fructification. Indusium as in Pteris. Veins free, forked or pinnate. Fronds mostly 1 - 3-pinnate, smooth, mostly coriaceous. 1. P. atropurpurea, Link. Fronds tufted, coriaceous, ovate-lanceolate, pinnate or below bipinnate; pinnae opposite, rather distant, the lower ones 50 590 FILICES. (FERNS.) stalked ; pinnules sessile, oblong or linear-oblong, truncate or subcordate at the base, obtuse or rarely somewhat mucronate ; indusium formed of the reflexed and little-changed margin, at length pushed back and showing a broad marginal band of ripened sporangia. (Pteris atropurpurea, L. Allosorus, Kunze, Gray.) — Mountains of Alabama and northward, mostly on lime-rock. Frond 2'- 12' high. Stipe and rachis black and shining, smooth or somewhat rusty- pubescent. 6. CHEILANTHES, Swartz. Fruit-dots at the thickened ends of the veins, distinct or at length confluent, covered by the continuous or interrupted reflexed margin of. the lobes. Veins free. Fronds 1 -3-pinnate ; pinnules with a midrib, often hairy or woolly. 1. C. Alabamensis, Kunze. Fronds broadly lanceolate, subcoriaceous, pinnate ; pinnae ovate-lanceolate, deeply pinnatifid, or the lower ones again pin- nate ; pinnules ovate-oblong, rather obtuse, often auriculate at the upper side of the base, glabrous, the margin reflexed and forming a mostly continuous mem- branaceous involucre. (Pteris Alabamensis, Buckley.) — Limestone cliffs on the Tennessee and French Broad Rivers, Alabama, &c., Buckley. — Fronds 4' - 6' long, on slender black and polished stipes 2' -4' long, pulverulent along the upper side, and somewhat chaffy at the base. 2. C. vestita, Swartz. Fronds broadly lanceolate, like the stalks hirsute with rusty hairs, bipinnate ; pinna? triangular-ovate ; pinnules oblong, obtuse, more or less incised ; the ends of the lobes reflexed to form separate herbaceous involucres. — Near Augusta, Georgia, Kunze, and northward. — Fronds 4' -8' long, becoming smooth above. 3. C. tomentosa, Link. Fronds broadly lanceolate, tripinnate, above clothed with white deciduous hairs, beneath densely tomentose with brownish- white wool ; primary pinnae ovate-oblong ; ultimate segments minute, round- obovate, sessile or adnate-decurrent, the margin reflexed forming a continuous somewhat membranaceous involucre. (C. Bradburii, Hook., at least as to Lind- heimer's plant.) — French Broad River, North Carolina and Tennessee, and south westward. — Frond 6' -12' long. Stipe and rachis whitish with long paleaceous hairs. 7. ADIANTUM, L. MAIDENHAIR. Indusium orbicular or transversely elongated, formed of a reflexed and altered portion of the margin of the frond, bearing the sporangia on its under side at the ends of the veins. Midrib none or eccentric : veins forking, mostly free. Stipe and rachis commonly black and shining. 1. A. pedatum, L. Stipe long and slender, forked, the spreading and recurved branches bearing on the outer side several slender horizontal pinnate divisions ; pinnules numerous, alternate, short-stalked, oblong, entire on the lower side, the upper margin cleft and fruit-bearing. — Shady woods, North Carolina, and northward. — Stipe 8' -12' high. The most graceful of all our Ferns. FILICES. (FERNS.) 591 2. A. Capillus-Veneris, L. Frond ovate-lanceolate, 2- 3-pinnatc ; pin- nules very delicate, oblique, broadly wedge-shaped or sometimes rhomboid, rather long-stalked, the upper margin deeply incised and fruit-bearing or sterile and dentate ; stipe slender, ebeneous ; rachis almost capillary, flexuous. — Mostly pendent from Limestone cliffs, Florida, Alabama, and westward. — Fronds 1°- 3° long. 8. BLECHNUM, L. Sporangia on a transverse elongated receptacle parallel to the midrib, combin- ing the veins near their bases. Indusium fixed by its outer margin, opening in- ward. Veins of the sterile fronds free. Fronds simple or pinnate. 1. B. serrulatum, Michx. Fronds erect, rigid, pinnate; pinnae articu- lated with the rachis ; fertile ones linear-lanceolate, acute, finely and sharply serrate ; fruit close to the midrib ; sterile ones broader, bearing a few chaffy scales along the midrib. (B. angustifolium, Willd.) — Florida, Michauz, Buckley! 9. WOODWARDIA, Smith. Fruit-dots linear-oblong, in one or two series on transverse anastomosing veinlcts parallel and near to the midrib. Indusium attached by its outer margin to the veinlet, opening inward. Veins more or less reticulated, free toward the margin of the frond. Fronds mostly pinnatifid or pinnate. 1. W. angUStifolia, Smith. Fronds smooth, pinnatifid ; the sterile ones ovate, with broadly-lanceolate finely serrate divisions, united at the base and decurrent on the stipe, the veins reticulated in several series of areoles ; fertile fronds taller, with narrowly linear entire divisions, and a single series of elon- gated areoles, each containing an oblong fruit-dot with a vaulted indusium. ( Acrostichum areolatum, L. W. onocleoides, Willd.) — Bogs and shady banks, Florida, and northward. — Rootstock creeping, elongated, as thick as a goose- quill. Stipe 6' - 12' high, about the length of the frond. 2. W. Virginica, Willd. Fertile and sterile fronds alike, ovate, smooth, pinnate ; pinnae lanceolate, narrowed at both ends, pinnatifid ; segments oblong, obtuse ; veins forked, forming a single series of areoles along the midrib both of the pinnce and of the segments ; areoles fruit-bearing in the fertile frond. — Shal- low ponds, Florida to Mississippi, and northward. — Rootstock as thick as one's finger, creeping, elongated, with a tough black exterior, the interior soft and white. Fronds l°-4° high; stipe smooth. 10. CAMPTOSORTTS, Link. WALKING-LEAF. Fruit-dots linear or oblong, straight or curved, scattered irregularly on the back of the frond, often opposite in pairs, or converging and united. Indusium linear, attached by one margin to the reticulated veins of the simple frond. 1. C. rhizophyllus, Link. Fronds evergreen, lanceolate, cordate or hastate at the base, long-acuminate, often rooting at the extremity and giving 592 FILICES. (FERNS.) rise to new plants. (Aspleniura rhizophyllum, L.) — Shaded rocks on the mountains of Georgia, and northward. — Fronds 4'- 10' long. 11. ASPLENIUM, L. Fruit-dots oblong or linear, oblique to the midrib, the indusium attached by one margin to the mostly free veins, rarely curved, or double and attached to both sides of the vein. § 1. ASPLENIUM PROPER. — Indusia straight, attached by their whole length to the upper side of the vein; rarely some of them double, and placed back to back. * Fronds pinnatifid or simply pinnate. 1. A. pinnatifidum, Nutt. Fronds lanceolate, acuminate, cordate at the base, pinnatifid, or below sometimes pinnate, the roundish divisions obtuse, crenate or serrate ; fruit-dots scattered. — Alleghanics of Alabama, and north- ward.— Fronds 3' -6' long. A form with the lowest segment on each side elongated horizontally and acuminate, has been found in Alabama by Mr. Beau- mont. 2. A. dentatum, L. Fronds linear-oblong, obtuse, pinnate; pinnae mostly opposite, 8-12 pairs on short but distinct stalks, roundish ovate (3" -4" long), cuneate at the lower side of the base, and truncate at the upper side, cre- nate or serrate, obtuse ; fruit-dots 6 - 8 on each pinna, elongated, the one next the rachis often double. — Carolina, Th. Moore, Florida," Binney. — Fertile fronds 4' - 6' high, the stipe as long as the sterile fronds. 3. A. Trichomanes, L. Stipe and rachis slender, purplish black and shining ; fronds many from the short rootstock, linear, pinnate ; pinnae numer- ous, minute (2'/i-3" long), roundish oblong, narrowed at the base and attached to a raised point on the rachis; fruit-dots 4-8 on a pinna. (A. melano- caulon, Willd.) — Rocks along the Alleghanies, and northward. — Fronds 4' - 8' high. 4. A. ebeneum, Aiton. Stipe and rachis purplish black and shining; fronds linear-lanceolate or spatulate, acuminate, pinnate ; pinnae numerous, ses- sile, linear-oblong, auricled on one or both sides of the base, serrate or nearly entire, those below the middle of the frond gradually shorter and deflexed ; fruit- dots 10-13 on a pinna. — Florida to Mississippi, and northward. — Fronds 6'- 18' high, l'-3' wide; stipe very short. 5. A. angUStifolium, Michx. Fronds tall, lanceolate, pinnate; pinnae numerous ; the sterile ones lanceolate from a truncate base ; the fertile ones nar- rower, and bearing 60 - 80 curved fruit-dots on the upper branches of the pin- nate forking veins; indusia thickish, strongly convex. — Rich soil along the mountains, and northward. — Fronds l°-3° high, annual. Pinnae 2' -4' long, 4" -8" wide. * * Fronds 2 - 3-pinnate or pinnatifid. 6. A. rnontantnn, Willd. Fronds small, ovate-lanceolate, pinnate ; pin- nae few, petioled, ovate or triangular ; the lower ones pinnatifid ; the upper ones incised ; divisions toothed or serrate ; fruit-dots very short, the basal ones often FILICES. (FERNS.) 593 with a double indusium. — Mountains of Alabama, and northward. — Fronds 2' - 5' high, with a winged greenish rachis, and a stipe nearly as long as the frond. 7. A. Buta-muraria, L. Fronds small, ovate, pinnate above, bipinnate below, the divisions stalked, obovate-cuncate, toothed at the apex ; veins forked from the base ; fruit-dots few, indusia laciniate at the margin. — Rocks along the mountains, and northward. — Fronds 2' - 4' high. 8. A. myriophyllum, Presl. Fronds delicately membranaceous, lan- ceolate, narrowed below, 2-3-pinnatc; ultimate segments obovate-oblong, en- tire or 2 - 3-lobed ; veins single in each segment or lobe, bearing below the middle a solitary oblong fruit-dot. (A. Anchorita, Chapm. MS.) — On the walls of a limestone cave at Schurlock's Spring, Jackson Co., Florida, Chapm. — Fronds 3' -10' high, with short stipes and narrowly winged rachises. 9. A. thelypteroides, Michx. Fronds ample, oblong-ovate, pinnate; the deeply pinnatifid pinnae lanceolate-acuminate from a broad sessile base ; the lower ones smaller, distant, and deflexed ; the lobes oblong, obtuse, crenately serrate; fruit-dots 8-12 to a lobe, at length confluent, those next the midrib toward the ends of the pinnae mostly double ; indusium convex, thickish. — Rich woods in the upper part of Georgia, and northward. — Fronds l°-3° high. § 2. ATHYRIUM, Roth. — Indusium thin, attached to the upper side of the vein ; or recurved and crossing the vein, attached to both sides of it, thus becoming reni- form or shaped like a horseshoe. 10. A. Filix-fCBmina, Bernh. Fronds ample, ovate-oblong ; pinnse lan- ceolate, numerous ; pinnules oblong or lanceolate, doubly serrate or variously incised ; fruit-dots short, at length confluent. ( Aspidium Filix-foemina, Sivartz.) — Low shady woods, Florida to Mississippi, and northward. — Fronds l°-3° high. — A. asplenoides (Aspidium asplenoides, Swartzl) is said to differ in hav- ing a creeping caudex. 12. CYSTOPTEBIS, Bernhardi. Fruit-dots round, on the back of the free forking veins, covered when young by a thin ovate or roundish hood-shaped indusium attached by the lower side rather beneath the fruit-dot, its apex pointing toward the end of the vein, at length reflexed or falling away. — Delicate Ferns with 2-3-pinnate fronds, and short creeping rootstocks. 1. C. fragilis, Bernh. Fronds ovate-oblong, bipinnate; the ovate-lance- olate pinnae mostly opposite, the lowest pair distant, smaller ; pinnules oblong or obovate, cuneate at the base and decurrent on the winged secondary rachis, variously toothed or incised ; indusium ovate, acuminate. (Aspidium tenue, Swartz.) — Moist rocks on the mountains of North Carolina, and northward. — Fronds 4' -8' long, on slender brownish stipes as long as the frond. Pinnules varying greatly in shape and size. 50* 594 FILICES. (FERNS.) 2. C. bulbifera, Berah. Fronds lanceolate, very long and attenuated at the apex, often bearing bulblets beneath, bipinnate ; pinnae triangular-lanceolate ; the lowest pair largest, distant; pinnules oblong, crenately incised or toothed, obtuse; indusiura roundish, truncate. (Aspidium bulbiferum, Swartz.} — Rocks on the mountains of North Carolina, and northward. — Fronds l°-3° long. The bulblets fall to the ground, and form new plants, which are about two years in coming to maturity. 13. ASPIDIUM, Swartz. SHIELD-FERN. Fruit-dots round, borne on the veins mostly below their apices. Indusium round-reniform and fixed at the sinus, or orbicular and fixed by the depressed centre. Veins with acute or attenuated apices. Our species have free veins and 1 - 3-pinnate fronds. § 1. LASTREA, Bory. Indusium round-kidney-shaped, fixed at the sinus, # Fronds thin and delicate, decaying in autumn ; ultimate segments entire or nearly so; veins simple or once forked. 1. A. Thelypteris, Swartz. Fronds smooth, ovate-lanceolate, pinnate; pinnae lanceolate, often recurved, deeply pinnatifid ; the lowest 1-2 pairs rather smaller ; segments oblong, obtuse, nearly entire, the fertile ones with a strongly revolute margin ; veins mostly forked ; indusium minute, smooth. — Swamps and bogs, Florida, and northward. — Fronds 10' -18' long, with an elongated stipe. This species and the next one have slender, nearly naked rootstocks, which creep several inches in advance of the fronds. 2. A. Noveboracense, Willd. Fronds lanceolate, tapering both ways from the middle, pinnate ; pinnae lanceolate, hairy beneath along the midrib ; the lowest 4-6 pairs gradually smaller, distant and deflexed ; segments oblong, obtuse, nearly entire ; veins simple ; indusium minute, smooth. — Low grounds, North Carolina, and northward. — Fronds l°-2° long, on rather short stipes. 3. A. patens, Swartz. Fronds ovate or oblong-ovate, pubescent, espe- cially on the veins beneath, pinnate ; pinnae lance-linear from a broad base, deeply pinnatifid ; the lowest pair a little smaller and reflexed ; segments oblong, often falcate, entire, or the upper basal one enlarged and pinnatifid ; veins simple, free, or the basal ones meeting at the sinus between the segments ; indusium small, pubescent. (A. molle, Kunze in Sill. Jour.) — Low shady woods, Florida to South Carolina, and westward. —Fronds l°-3° high. * * Fronds thicker; ultimate segments more or less serrate or toothed; the lowest veins more than once forked. 4. A. spinulosum, Swartz. Fronds ovate-oblong, thin, smooth; bipin- nate or below tripinnate ; pinnae oblong-lanceolate ; the lower ones broader, triangular-ovate ; ultimate segments oblong, or linear-oblong, closely set on a narrowly winged partial rachis, variously incised or serrate with spinulose teeth ; fruit-dots small ; indusium deciduous, sparingly glandular at the margin. (A. intermedium, Muhl) — Shady woods in the upper districts of North Carolina, Tennessee, and northward. — Fronds l°-2° long, 5' -9' wide, varying greatly in outline, and in the shape of the segments. FILICES. (FERNS.) 595 Var. dilatatum, Gray. Fronds wider in outline, of a rather firmer text- ure ; the pinnae fewer and set further apart, the lowest pair largest, with the 2-3 lower basal pinnules elongated ; segments larger and more distant ; fruit-dots larger; indusium smooth. (A. dilatatum, Sicartz. A. campylopterum, Kunze.) — Summits of the Black Mountains, North Carolina, Rugel. — Fronds l°-2° long, 10' -16' wide. 5. A. Ludovicianum, Kunze. "Fronds membranaceous, rather rigid, finely glandular-pubescent beneath on the midribs, ovate, acuminate, bipinnate ; pinnae distant, petiolcd, ovate or oblong, acuminate; pinnules ovate, deeply pinnatifid ; the lowest divisions sessile with a narrowed base ; the upper ones adnate, oblong, obtuse, crcnately appressed-serrate ; serratures acute, sometimes denticulate ; fruit-dots half-way between the midrib and margin, on the upper branches of the forked veins ; indusium reniform, thickish, entire, smooth, per- sistent." Mettenius. — Florida to Louisiana, Kunze. — " Rootstock oblique ; fronds 2° -3° long; stipe straw-color, sparsely chaffy ." — I have not seen this Fern, which has more recently been referred by Mettenius to A. Canariense, Al. Br. 6. A. Floridanum. Fronds thickish, broadly lanceolate, pinnate ; lower pinna? sterile, triangular-lanceolate, deeply pinnatifid, with closely set oblong, obtuse divisions ; upper pinna? fertile, narrower and longer, again pinnate, with oblong obtuse pinnules, distant on the narrowly winged secondary rachis ; fruit- dots large, half-way between the midrib and margin ; indusium round-reniform, smooth. (Nephrodium Floridanum, Hook.) — Wet woods, Florida to Louisiana. — Fronds l°-2° high, the sterile ones shorter, growing in a crown from a thick and scaly rootstock. — The plant has much the appearance of large forms of A. cristatum, Swartz, and may prove to be an extreme state of that species. 7. A. marginale, Swartz. Fronds evergreen, smooth, thickish and al- most coriaceous, ovate-lanceolate, bipinnate ; pinnae lanceolate from a broad base ; pinnules oblong or linear-oblong, attached by a broad base to the nar- rowly winged secondary rachis, entire or crenately toothed ; fruit-dots large, very near the margin ; indusium round-reniform, convex, thickish, smooth. — Mountains of North Carolina, and northward. — Fronds bluish-green, l°-2° long, on a short stipe, which, like the short thick rootstock, is shaggy with large brown chaffy scales. § 2. POLYSTICHUM, Roth, Schott. Indusium orbicular, fixed by the de- pressed centre. 8. A. acrostichoides, Swartz. Fronds evergreen, thickish, smooth and shining, lanceolate, the fertile ones tallest, pinnate; pinnae numerous, short- stalked, oblong-lanceolate, auriculate at the base on the upper side, cuneate at the lower, obtuse or acute, finely serrate or incised with spinulose-pointed teeth ; the upper pinnae of the fertile frond contracted and covered with the copious fruit dots ; indusium round, peltate, smooth and entire. — Shady and rocky woods, Florida to Mississippi, and northward. — Fronds l°-2° high. Root- stock and stipe very chaffy. 596 FILICES. (FERNS.) 14. NEPHROLEPIS, Schott. Fruit-dots at the ends of the veins, in a series near the margin of the pinnae. Indusium reniform, often broadly so, fixed by the sinus, or by the arcuate base, open obliquely toward the margin of the pinnae. Fronds pinnate, elongated ; the pinna? articulated to the rachis. Veins free, forked from the midrib, their apices thickened. 1. N. exaltata, Schott. Fronds linear, indefinitely elongated, unfolding numerous pinnae, which are oblong-lanceolate, auriculate on the upper side of the base, rounded on the lower side, falcate, crenately serrate ; fruit-dots large ; indusium reniform or crescent-shaped, the oblique sinus narrow and deep or broad and shallow on the same pinnae. — South Florida, Dr. Cooper. — Fronds l°-6° long, 2' - 3' wide, usually pendent from the trunks of trees. 15. ONOCLEA, L. Fertile fronds contracted, the pinnules strongly revolute and berry-like ; fruit- dots on the back of the free veins, with an elevated receptacle ; indusium attached partly to the receptacle and partly to the intervenular surface. Sterile fronds foliaceous, much taller than the fertile ones. 1. O. sensibilis, L. Sterile fronds on a long smooth stipe, broadly deltoid-ovate, pinnatifid almost or quite to the rachis ; the divisions lanceolate, entire or crenately incised ; veins finely reticulated with oblong-hexagonal areoles ; fertile fronds shorter, bipinnate ; pinnae erect, appressed to the rachis ; the pinnules crowded. — Meadows and wet places, Florida to Mississippi, and northward. — Rootstock nearly naked, creeping. Fronds varying from four inches to three feet in height. 16. WOODSIA, R. Brown. Fruit-dots on the back of the veins ; the involucres placed beneath the fruit- dot, saucer-shaped or cup-shaped, divided into irregular lobes or a delicate fringe, or sub-globose and contracted at the mouth. Small Ferns with many fronds from a short scaly rootstock. * Involucre fringed, the hair-like divisions incurved on the sporangia. 1. "W. Ilvensis, R- Brown. Fronds sparingly hairy above, villous be- neath and on the stipe and rachis with brown hairs and narrow chaff, lanceolate, pinnate ; pinnae ovate-oblong, deeply pinnatifid, the divisions oblong, obtuse, entire or crenate. Fruit-dots enveloped in the fringe of the involucre. — Rocks along the Alleghany Mountains, and northward. — Fronds 3' -8' high. * ^ Involucre divided into a few irregular lobes. 2. W. obtusa, Torr. Fronds nearly smooth, broadly lanceolate, pinnate, or near the rachis bipinnate; pinnae triangular-ovate, the lower ones distant, pinnately parted ; segments oblong, obtuse, the upper ones toothed, the lower ones pinnatifid with toothed lobes ; veins forked, the tips whitish on the upper surface of the frond ; fruit-dots on the lobules ; involucre delicate, the lobes FILICES. (FERNS.) 597 hidden by the ripened sporangia. — Rocky places, North Carolina, Tennessee, and northward. — Fronds 6' - 16' high. 17. DICKSONIA, L'Hcr. § SITOLOBIUM, Desv. Fruit-dots small, globular, terminal on the free veins ; sporangia on an ele- vated receptacle in a thin cup-shaped involuere which is partly adherent to a reflexed lobule of the frond. Fronds large, 2-3-pinnate, from a creeping root- stock. — DICKSONIA proper lias large two-lipped involucres, of a firmer texture, and several species have an arborescent caudex. 1. D. punctilobula, Kunzc. Fronds delicate, slightly glandular-pubes- cent, as is the rachis, lanceolate-acuminate, 2 - 3-pinnate ; pinnae numerous ; pinnules oblong-ovate, closely placed, obtuse, pinnately incised or pinnatifid ; the divisions obtusely serrate, each one bearing a minute fruit-dot at the upper margin. — Moist shady woods in the upper part of North Carolina, Tennessee, and northward. — Rootstock slender, extensively creeping. Fronds 2° - 3° high, when crushed returning a pleasant odor. 18. TRICHOMANES, L. Sporangia with a transverse entire ring, arranged on the lower part of a cylindrical, filiform, often elongated receptacle : involucres marginal, funnel- shaped, or bell-shaped, entire or two-lipped at the mouth. Fronds delicate, very thin and pellucid. 1. T. Petersii, Gray. Very small, with entangled filiform tomentose root- stocks ; fronds oblong-lanceolate or obovate, entire or variously pinnatifid, nar- rowed into a slender stipe nearly as long as the frond, the younger ones with a feV black forked hairs along the margin; veins forked, pinnate from the midrib; involucre solitary, terminal, funnel-shaped, the mouth expanded and slightly two-lipped, receptacle included. — On the face of a sandstone rock, sprinkled from a waterfall, Hancock Co., Alabama, T. M. Peters. Also among some Mosses sent from Pensacola, Florida. — Fronds less than an inch high. 2. T. radicans, Swartz ? Fronds pellucid, with a loose roundish areola- tion, on a short broadly winged stipe, lanceolate or ovate-lanceolate, bipinnatifid ; pinnae ovate or deltoid-ovate, obtuse, the upper side of the base parallel and appressed to the winged rachis, the lower side cuneate ; divisions toothed or divided into linear lobes ; involucres terminal on short lobes of the pinnae, tubular-funnel-shaped, margined, at the mouth truncate and slightly two-lipped; receptacle exserted a little or very much. (T. Boschianum, Sturm.} — Hancock County, Alabama, Peters, Beaumont. Cumberland Mountains, Eastern Tennes- see, Rev. Dr. Curtis. — Rootstock slender, creeping, tomentose with black hairs. Fronds 4' -8' high, 12" -18" wide. 19. LYGODIUM, Swartz. CLIMBING FERN. Sporangia beneath ovate hood-shaped imbricated indusia, in a double row on narrow divisions of tho fronds, attached laterally, ovate, with a many-rayed api- 598 FILICES. (FERNS.) cal ring. Fronds elongated, climbing, the branches usually in pairs with a short common foot-stalk. 1. L. palmatum, Swartz. Fronds slender, pinnae deeply cordate at the base, palmately 4 - 7-lobed, the lobes oblong, obtuse, entire ; the upper pinnae decompound and bearing the fruit on the very narrow segments. — Low shady woods, Florida, and northward ; not common. — Rootstock very slender, creep- ing. Fronds 2° - 5° high, climbing on weeds and bushes. 20. ANEIMIA, Swartz. Sporangia ovate, many-rayed at the apex, attached by the base in a double row to the narrow one-sided paniculate divisions of the two lower branches of the frond, or on separate fronds. Indusium none. Fronds erect, commonly three-branched, the middle branch sterile and 1 -3-pinnate. 1 . A. adiantifolia, Swartz. Fronds sparingly pubescent, erect on a slen- der stipe ; the two lower branches elongated, pinnately decompound, fertile ; sterile part of the frond deltoid-ovate, 2 - 3-pinnate ; ultimate segments obovate, cuneate, entire or lobed, striate above with numerous flabellate veins. — Key West, &c., South Florida. — Fronds 6' -12' high, rather rigid. Rootstock creep- ing, slender, covered with a black tomentum. 21. OSMUNDA, L. FLOWERING FERN. Sporangia globular, short-pedicelled, having an incomplete transverse ring, represented by a few parallel striae near the apex, opening by a vertical chink into two nearly equal valves, paniculately arranged on contracted parts of the frond or on separate fronds. Fronds tall, erect, several from a stout rootstock, 1 - 2-pinnate. Veins forking, free. * Fronds bipinnate, fertile at the top ; sterile pinnce few. 1. O. regalis, L. Fronds ovate, smooth; sterile pinnae distant; the finely serrulate pinnules distinct, oblong-lanceolate, cordate or truncate at the nearly sessile base, sometimes auricled at the lower side of the base ; the upper pinnae erect, panicled and thickly covered with light brown sporangia. (O. spectabilis, Willd.) — Swamps, Florida to Mississippi, and northward. — Fronds l°-5° high ; pinnules 1'- 2' long, 3"- 4" wide. . * * Sterile fronds pinnate: the pinnce numerous, deeply pinnatifid, with oblong entire segments. 2. O. Claytoniana, L. Fronds broadly lanceolate, woolly when young, at length nearly smooth ; sterile pinnae sessile, oblong-lanceolate, deeply pinna- tifid ; the segments crowded ; fertile pinnae few, between the middle and the base of the frond, contracted, the sporangia deepening in color as the sterile pinnae expand. (0. interrupta, Michx.) — Low grounds in the upper districts, and northward. — Fronds 2° -3° high. 3. O. cinnamomea, L. Sterile fronds covered with rusty wool when young, at length smooth ; pinnae sessile, lanceolate ; segments broadly oblong, FILICES. (FERNS.) 599 obtuse ; the lower basal ones in large fronds often elongated and pinnatifid ; fer- tile frond distinct, contracted, bipinnate, very woolly, densely covered with cin- namon-colored sporangia, withering before the sterile fronds are expanded. — Low grounds, Florida, and northward. — Fronds 1° -3° high. 22. BOTBYCHIUM, Swartz. MOONWORT. Fronds mostly solitary, erect from a root of thickened fleshy fibres ; the termi- nal branch fertile, pinnately decompound, bearing on its narrow divisions the large coriaceous, transversely 2-valved sporangia ; the lateral branch sterile, with forking free veins. 1. B. Virginicum, Swartz. Stem tall; sterile part of the frond sessile, broadly triangular, ternately 3 -4-pinnate ; ultimate segments oblong-lanceolate, thin and delicate, toothed and incised; fertile part long-stalked, 2-3-pinnate. — Shady woods, Florida, and northward. — Fronds 4' - 2° high. 2. B. lunarioides, Swartz. Stem low ; sterile part of the frond mostly long-stalked, broadly triangular, 2 - 4-pinnate ; ultimate segments of a thick and fleshy texture, roundish, ovate, oblong or lanceolate, entire, toothed, incised, or even dissected into very narrow lobes ; fertile part taller than the sterile, ovate, 2-3-pinnate. (B. fumarioides, Willd. B. obliquum and B. dissectum, MuhL) — Low shady woods and pastures, rarely in open pine-barrens, Florida, and northward. — Fronds 3' -10' high, the succulent stem, divided down to the sur- face of the ground, or even lower. 23. OPHIOGLOSSUM, L. ADDER'S-TONGUE. Fronds mostly solitary, with short and often thickened rootstocks, and fleshy fibrous roots ; sporangia large, coriaceous, opening transversely, connate, arranged in compact simple 2-ranked spikes, proceeding variously from the mostly simple sterile part of the frond. Veins reticulated. 1. O. vulgatum, L. Sterile part of the frond ovate or oblong-oval, ob- tuse, sessile near the middle of the stem, without a midrib ; fertile spike terminal, long-peduncled ; rootstock short, erect ; roets fibrous, spreading horizontally. — Insphagnous meadows and pastures, Tennessee, and northward. — Fronds 4'- 10' high. — The following are probably but forms of this widely diffused and variable species. Var. crotaloph.oroid.es. Smaller ; sterile part of the frond near the base of the stem, ovate, abruptly contracted at the base and slightly petiolcd ; spike short and thick ; rootstock bulbous; roots slender. (0. crotalophoroides, Wal- ter. O. bulbosum, Michx.) — Low grounds, Florida to Louisiana. — Fronds 3' - G' high. Var. nudicaule. Small, sterile part of the frond near the base of the stem, ovate or oblong, acute, narrowed into a short petiole ; spike linear acuminate ; rootstock bulbous; roots coarse. (0. nudicaule, L.f. O. ellipticum, Hook, fr Grev.) — Low sandy places or occasionally in dry soil, Florida and Georgia. — Fronds 1'- 4' high. 600 LYCOPODIACE^E. (CLUB-MOSS FAMILY.) ORDER 163. LYCOPODIACE^. (CLUB-MOSS FAMILY'.) Perennial plants, with solid branching and mostly creeping stems, sparingly or thickly clothed with small, simple, sessile, awl-shaped or linear leaves. Fructification consisting of 1 - 3-celled solitary spore-cases, ax- illary, either along the main stem, or only in the axils of the upper and mostly changed (bract-like) leaves. 1. LYCOPODIUM, L. CLUB-MOSS. Sporangia of one kind, coriaceous, commonly kidney-shaped, opening trans- versely into two valves and containing minute powdeiy spores. Perennial, mostly evergreen plants ; the leaves imbricated in several or many rows along the stem and branches. § 1. Sporangia borne along the stem, in the axils of 'uniform leaves. 1. L. lucidulum, Michx. Stems ascending, forking, somewhat com- pressed; leaves (deep green) in several rows, linear-lanceolate, very acute, spar- ingly denticulate, spreading or reflexed. — Shady woods on the mountains of North Carolina, and northward. — Stem 6'- 12' long. Leaves glossy. 2. L. SelagO, L. Stems short and thick, terete, clustered, erect or ascend- ing, forking ; leaves in several rows, deep green, lanceolate, acute, entire, the upper erect, the lower spreading. — High mountains of North Carolina, and northward. — Stems 3' - 6' high, rigid. Leaves crowded. § 2. Sporangia in the axils of the upper leaves, forming a terminal terete bracted spike. * Bracteal and stem leaves alike, spreading. 3. L. alopecuroides, L. Stem thick, terete, forking near the base, re- curved, and rooting at the apex, very Jeafy ; leaves in many rows, spreading, subulate, bristly-fringed below the middle; peduncles erect, 6'- 12' high, similar to the stem ; spike thick, cylindrical, bristly from the spreading or recurved bracteal leaves. — Open pine-barren swamps, Florida to Mississippi, and north- ward. — Stems 1° - 1^° long, pale green. 4. L. inundatum, L. var. pinnatum. Stem rather slender, prostrate, creeping, pinnately branched ; leaves linear-subulate, bristly-fringed below the middle, unequal, the upper and lower ones shorter and somewhat appressed, the lateral ones widely spreading; peduncle mostly solitary, erect (1° high), very leafy; spike thick, cylindrical, 2' -3' long. — Low pine barrens, near the coast, West Florida. — Stem 6'- 15' long, and, with the spreading leaves, £' wide. * * Bracteal leaves wider than those of the stem. H- Leaves of the stem equal and alike. 5. Xi. clavatum, L. Stem very long, terete, creeping, with numerous short and erect leafy branches ; peduncles with scattered leaves, each bearing 2 - 3 linear-cylindrical spikes ; leaves in several rows, subulate, entire, incurved, pointed, like the ovate erosely-denticulate bracts, with a spreading bristle. — Mountains of North Carolina, and northward. — Peduncles 4' -6' long. LYCOPODIACE^E. (CLUB-MOSS FAMILY.) G01 •»- •«- Leaves of the flattened stem and branches unequal. 6. L. dendroideum, Michx. Stem erect (6' -12'), clothed with scattered apprcssed subulate and entire leaves, simple below, bearing above numerous forking and spreading fan-like mostly compressed branches ; lower row of leaves, and sometimes the upper, shorter, the lateral ones spreading ; peduncles short, bearing one or more cylindrical spikes ; bracts spreading, ovate, acute, crenate on the margins. (L. obscurum, L.). — High mountains of North Carolina, and northward. 7. L. Carolinianum, L. Stem creeping, pinnately branched, naked and rooting beneath ; upper leaves short appressed, the lateral ones widely spi'eading, lanceolate, acute, entire; peduncle slender (6' -12' high), clothed with scattered subulate leaves, and bearing a single linear spike ; bracts ovate, acuminate, spreading. — Low pine barrens, Florida, and northward. — Stem 2' - 8' long. 8. L. COmplanatum, L. Stem long and creeping, the numerous erect branches successively forking into many linear crowded flattened branchlets ; leaves minute, subulate, imbricated in 4 rows, the lateral ones slightly spread- ing ; peduncles with minute scattered leaves, slender, bearing 2-4 erect cylin- drical spikes. — Woods along the Alleghanies, and northward. — Stem 2° - 10° long. 2. SELAGINELLA, Beauv. Fructification of two kinds, either in the same or separate axils ; one kind as in Lycopodium, the other with sporangia containing few (mostly 3-4) larger spores. Spikes 4-angled. 1 . S. rupestris, Spring. Stems rigid, densely clustered, erect or spread- ing, much branched; leaves (grayish) subulate, rigid, rough-fringed on the mar- gins, bristle-pointed, closely imbricated in many rows; spikes linear, nearly sessile. — Dry sand ridges in the pine barrens, and on dry rocks, Florida, and northward. — Stems 2' -3' high. 2. S. apus, Spring. Stems prostrate, creeping, slender, branched ; leaves scattered, unequal, the lateral ones larger and widely spreading, 2-ranked, ovate, acute or obtuse, membranaceous, denticulate on the margins ; the others smaller, acuminate, and appressed ; bracts of the short sessile spike similar to the leaves. — Low shady woods, Florida, and northward. — Plant whitish. Stems 3' -9' long. 3. PSILOTUM, E. Brown. Sporangia of one kind sessile, globular, opening at the apex into 2-3 valves, and filled with very minute powdery spores. 1. P. triquetrum, Swartz. Stem forking, compressed, the branches 3- angled ; leaves very minute, bristle-like ; sporangia spiked, 3-celled, the cells im- perfectly 2-valved. — East Florida. 51 602 HYDROPTERIDES. ( WATER-FERN FAMILY.) ORDER 164. HYDROPTERIDES. (WATER-FERN FAMILY.) Aquatic herbs, with the sporangia of two forms, borne at the base of the leaves and bursting irregularly. 1. ISOETES, L. Plants composed of fibrous roots and filiform cellular leaves, without any ap- parent stem. Sporangia sunk in an excavation of the dilated hase of the leaves, plano-convex, membranaceous, filled with transverse threads and minute pow- dery spores ; those of the central leaves filled with larger spores. 1. I. flaccida, Shuttlw. Immersed; leaves very long (l£°-2°), slender, flaccid, yellowish-green ; spores very small, minutely pulverulent, not reticulated. — In lakes and clear streams, Middle and West Florida. 2. AZOLLA, Lam. Minute floating plants, with pendent roots, pinnately branching stems, and thick imbricated cellular leaves. Sporangia of two kinds, ovoid, sessile on the under side of the branches, and covered with a thin membrane ; the smaller kind opening transversely, containing several angular grains, attached to a central col- umn, the larger bursting irregularly and containing numerous globular stalked spores. 1. A. Caroliniana, Willd. — On still water, chiefly near the coast, Flor- ida, and northward. — Plant reddish, circular in outline, £'-!' in diameter. Leaves ovate, obtuse, rounded and roughened on the back. INDEX. Page Abies, 434 Alder, ABIETINE^E, 432 Aletris, Abildgaardia, 523 Alisma, Abutilon, Acalvpha, 55 405 Alisma, ALISMACE^E, ACANTHACE^E, 302 ALISME^E, Acanthus Family, 302 At/ionia, Acer, 80 Allium, Acer, 81 Allspice,. ACERACEJE, 80 Almond, Acerates, • 365 Alnus, Achillea, 242 Alopecurus, ACHYRANTHEJE, 379 Allosoms, Acmdla, 237 Alsine, Acnida, 381 ALSINE.E, Aconitum, 10 Alternanthera, Acorus, 442 Althaea, ACROGENS, 585 Alum-root, ACROSTICHE^:, 586 AMARANTACEJE, Acrostichum, 588 Amaranth, Actaea, 11 Amaranth Family, Actinomeris, 232 Amarantus, Actinospermum, 241 Amarantus, Adder's mouth, 453 AMARYLLIDACEJE, Adder's tongue, 599 Amaryllis, Adelia, 370 Amaryllis Family, Adiautum, 590 Amblogyna, Adlumia, 22 Amblygonon, JEschynomene, 99 Ambrosia, JEsculus, 79 Amelanchier, Agave, 468 American Barberry, Ageratum, Agrimonia, 189 122 American Cowslip, Amianthium, Agrimony, 122 Ammannia, Agrostemma, 52 Ammi, AGROSTIDE^:, 545 Amorpha, Agrostis, 551 Ammophila, Ayrostis, 550, 551, 552, 553 Ampelopsis, Aira, 568 Amphianthus, Aira, 560, 568 Amphicarpaea, Air-Plant, 470 Amphicarpum, AJUGE.E, 311 Amsonia, Alchemilla, 122 Amyris, Page 429 470 447 448 447 447 373 482 130 129 429 549 590 48 45 382 58 152 378 379 378 379 380 466 466 466 381 388 223 129 17 281 490 134 162 93 554 71 295 107 572 360 604 INDEX. ANACARDIACEJE, 68 Arundinaria, 561 Anacharis, 450 Arundo, 562 Anagallis, 281 Asarabacca, 371 Andromeda, 262 Asarum, 371 Andromeda, 261, 262, 263 ASCLEPIADACE^E, 361 ANDROMEDE^:, 257 ASCLEPIADE^J, 361 Andropogon, 580 Asclepias, 362 Andropogon, 556, 583 Ascyrum, 38 ANDROPOGONE^E, 548 Ash, 369 Aneimia, 598 Asimina, 15 Anemone, 4 AspARAGE^E, 480 ANEMONEJE, 2 Aspen, 431 Angelica, 164 ASPHODELEJE, 480 ANGIO SPERMS, 1 ASPIDIE-S), 587 Anise-tree, 12 Aspidium, 594 ANONACEJE, 14 ASPLENIE^J, 586 Antennaria, 243 Asplenium, 592 Antirrhinum, 290 Aster, 198 Anthemis, 241 Aster, 197,198,207 ,208 Anthoxanthum, 569 ASTEROIDE^E, 197 Anychia, 46 Astilbe, 154 Anychia, 46 Astragalus, 97 Apetalous Exogenous Plants, 371 Atamasco Lily, 466 Apios, 105 Athyrium, 593 Aphora, 408 Atragene, 3 Aphyllon, 287 Atriplex, 377 Aplectrum, 455 Atriplex, 377 APOCYNACEJE, 358 Atropa, 351 Apocynum, 358 Aulaxanthus, 577 Apogon, Apple, 249 128 AURANTIACEJE, Avena, 61 569 Apricot, 129 AVENACE^E, 547 Apteria, 452 Avens, 123 AQUIFOLIACE^E, 268 Avicennia, 309 Aquifolium, 269 AVICENNIE^J, 306 Aquilegia, 9 Avicularia, 390 Arabis, 27 Ayenia, 59 ARACEJ3, 439 Azalea, 265 Aralia, 166 Azolla, 602 ARALIACE^, 166 Arbor- Vitse, 436 Baccharis, 217 Archangelicaj 164 Bachelor's Button, 83 Archemora, 165 Bald Cypress, 435 Ardisia, 277 Baldwinia, 240 Arenaria, 49 Baldwinia, 241 Arenaria, 49 Balm, 318 Arethusa, 458 Balsam Family, 65 ARETHUSE^:, 453 BALSAMINACE^, 65 Argemone, 21 Balsam-tree Family, 42 Arissema, 439 Baneberry, 11 Aristida, 554 Baptisia, 110 Aristolochia, 371 Baptisia, 113 ARISTOLOCHIACEJE, 371 Barberry, 17 Arnica, 246 Barberry Family, 16 Aroma, 128,129 Bartonia, 356 Arrhenatherum, 569 Basil, 312 Arrow- A rum, 440 Basswood. 59 Arrow-grass, 448 BATIDACEJE, 411 Artemisia, 242 ! Batis, 411 Arum, 440 Batis Family, 411 Arum Family, , 439 i Batodendron, 259 605 Batschia, Batatas, Bayberry, Beak-Rush, Bean-Caper Family, Beard-grass, Bear-grass, Beech, Beech-drops, Beggar-ticks, Bejaria, Bell flower, Bellwort, Bellwort Family, Bent-grass, Benzoin, BERBERIDACE^E, Berberis, Berchemia, Berlandiera, Bermuda grass, Betula, BETULACEJE, Bidens, Bigelovia, Bignonia, Biqnonia, . BIGNONIA CEJE, BlGNONIE.E, Bignonia Family, Biotia, Birch, Birch Family, Birth wort, Birth wort Family, Black-Jack, Black Snakeroot, Bladder-Nut, Bladder-Nut Family, Bladdcrwort, Bladderwort Family, BLECIINE.E, Blechnum, Blephilia, Bletia, Blood-root, Bloodwort Family, Blueberry, Blue Cohosh, Blue Curls, Blue-eyed grass, Blue Flag, Bluets, Boehmeria, Boerhaavia, Boltonia, Bonnets, Borage Family, Borkhausia, BORRAGINACE.&, BORRAGE2E, 51* 332 Borreria, 175 341 Borrichia, 224 426 Botrychium, 599 523 Boykinia, 153 63 Brachychceta, 213 552 Brachyelytrum, 553 485 Brake, 589 424 Bramble, 124 286 Braseniu, 19 236 Brasiletto Family, 114 266 Brier, 124 256 Bnckellia, 193 486 Briza, 563 486 Bryzopyrum, 562 551 Brome-grass, 556 394 BROMELIACEJB, 470 16 Broom-Corn, 583 17 Broom-grass, 580 73 221 Broom-rape Family, Broussonetia, 286 415 557 Brunella, 322 428 Brunnichia, 392 428 BRUNNICHIEJE, 384 236 Bryonia, 148 215 Buchncra, 296 285 Buckeye, 79 285 Buckleya, 397 284 Buckthorn, 73 284 Buckthorn Family, 72 284 Buckwheat Family, 384 198 Bug-bane, 11 428 Bullace, 71 428 Bumelia, 274 371 Bup/tthalmum, 224 371 Bupleurum, 162 421 Burdock, 248 11 Burmannia, 451 77 BURMANNIACEJS, 451 77 Burmannia Family, 451 282 Burr-reed, 443 282 Bursera, 68 586 BURSERACE^E, 67 591 Bush- Clover, 100 321 Butter-Cup, 7 456 Butter-nut, 419 22 Butter-weed, 245 469 Butterwort, 283 259 Button-bush, 176 17 Button-Snakeroot, 159, 190 327 Bvrsonima, 82 473 BYTTNERIACE^E, 58 472 Byttneria Family, 58 180 414 Cabomba, 19 373 CABOMBACEJE, 18 207 Cacalia, 244 20 CACTACE^E, 144 328 Cactus Family, 144 252 C^SALPINIE^J, 88 328 Cakile, 30 328 Calamagrostis, 553 606 INDEX. Calamintha, 317 Castilleia, Calamus, 442 Castor-oil Plant, Calico-bush, 264 Catalpa, Calliastrum, 198 Catchfly, Callicarpa, 309 Catnip, Callirrhoe, 53 Cat-tail, C A LLITEICHACE M, 398 Cat-tail Family, Callitriche, 399 CeculiniOj Calomelissa, 317 Caulophyllum, Calonyction, 344 Ceanothus, Calophanes, 303 CEDRELACE^, Calopogon, 456 Cedronella, Caltha, 9 CELASTRACEJE, CALYCANTHACE^B, 129 Celastrus, Calycanthus, 130 Celosia, Calycocarpum, 16 CELOSIE.E, Calyptranthes, 131 Celtis, Calystegia, 344 Cenchrus, Camelina, 30 Centaurea, CAMELLIACEJE, v 60 Centaurella, Camellia Family, 60 Ceritrosema, Campanula, 256 Centunculus, Campanula, 257 Cephalanthus, Campanula Family, 256 Cephaloxys, CAMPANULACE^E, 256 Ceranthera, Camptosorus, 591 Cerastium, Campyloneurum, 588 Cerasus, Canavalia, 109 Ceratiola, Cane, 561 C ERATOPHYLLACE M Canella, 45 Ceratophyllum, CANNABINACEJE, 414 Ceratoschcenus, Canna, 465 Cercis, Canna Family, 465 Ceresia, CANNACE^E, 465 Ccreus, Cantua, 339 Cestrum, Caper Family, Caper-tree, 31 32 Cheerophyllum, C/tcerophyllum, CAPPARIDACE^, 31 Chaetocyperus, Capparis, 32 Chsetospora, Capraria, 296 Chamaelirium, CAPRIFOLIACE^E, 169 Chamaerops, Capri/blium, 170 Chamcerops, Capsella, 30 Chapmannia, Capsicum, 350 Chaptalia, Cardamine, 25 Chawstick, Car da mine, 27,28 Cheilanthes, Cardinal-flower, Cardiospermum, 254 79 Chelone, CHENOPODIACE^, Carex, 532 Chenopodina, CARICE.E, 505 Chenopodium, Carolina Allspice Family, 129 Cherry, Ctirphephorus, 190 Chestnut, Carpinus, 425 duckweed, Carya, 418 Chimaphila, CARYOPHYLLACEJE, 45 C'hina Brier, Cashew Family, 68 China-tree, Cassandra, 262 Chinquapin, Cassia, 114 Chiococca, Cassyta, 395 Chionanthus, CASSYTE^E, 393 Chloridese, Castanea, 424 Chrysanthemum, 300 409 285 51 321 443 443 444 17 74 62 322 75 76 379 379 417 578 246 356 107 281 176 495 318 50 120 411 398 398 528 114 570 144 352 165 161 518 529 491 438 438 100 248 74 500 289 375 378 376 119 424 49 267 475 62 424 177 369 546 242 INDEX. G07 Chrysastrum, CHKYSO13ALANE.33, Chrysobalanus, Chrysocoma, Chrysogonum, Chrysoma, Chrysopsis, Ckrysopsis, Chrysosplenium, CICIIORACE.S:, Cicuta, Cimidfuga, Cl.MlCIFUGE.2E, CINCIIONE^:, Ciii'ia, Cinquefoil, Cirv'ica, Cir-ium, / CIS rACE^E, Cytharexylum, Citrus, Cladastris, Cladium, Claytonia, CLEMATIDEJE, Clematis, Cleome, Clethra, Cliftonia, Climbing-Fern, Clintonia, Ciitoria, Cl i tori a, Clover, Club-moss, Club-moss Family, Clusia, CLUSIACEJE, Cll CHS, Cnidoscolus, Coccoloba, Cocculus, Cocklcbur, Cockspur, Cocoa Plum, Coelestina, Codostylis, Colchk-um Family, Coticodendron, CoHinsonia, Colnbrina, Columbine, Co'rmndra, COMBRETACE2E, Combretum Family, Commelyna, COMMELYNACEJE, COMPOSITE, Composite Family, Comptonia, 208 118 119 215 219 214 215 215 154 249 161 11 2 173 552 124 143 246 35 309 61 113 530 43 2 3 31 264 273 597 .481 107 107 90 600 600 42 42 247 409 391 16 223 578 119 1P9 182 172 185, 186 32 315 74 9 396 136 136 497 497 184 184 427 CONIFERJE, 431 Conioselinum, 164 Conocarpus, 136 Conoclinium, 197 Conopholis, 286 Conostijlis, 470 Convallaria, 481 'CONVOLVULACEJE, 340 CONVOLVULE2E, 340 Convolvulus, 341, 342, 344, 346 Convolvulus Family, 340 Conyza, 217 Conyza, 218 Coontie, 437 Coprosmanthus, 477 Corallorhiza, 454 Corallorhiza, 455 Coral-root, 454 Corchorus, 60 Cordia, 329 CORDIE^E, 328 Coreopsis, 233 CORNACE^E, 167 Corn-Cockle, 52 Cornel, 167 Cora-Poppy, 22 Corn us, 167 Corydalis, 23 Conjdalis, 22 Corylus, 425 Cosmanthus, 335 Cosmos, 236 Cotton-grass, 521 Cotton-Plant, 58 Cotton-wood, 43 1 Crab-grass, 521 Cranesbill, 65 Cranichis, 285 Crantzia, 159 Crape-Myrtle, 135 CRASStTLACE^E, 149 Crataegus, 126 Crinum, 468 Croomia, 479 Cross-vine, 285 Crotalaria, 89 Crotonopsis, 408 Croton, 407 Crowberry Family, 410 Crowfoot, 7 Crowfoot Family, Crowfoot-grass, 558 CRUCIFER^E, 23 CRYPTOGAMOUS PLANTS, 585 Cryptotasnia, Ctenium, Cuba-grass, 583 Cucumber-tree, 13 CUCURBITACEJE, 148 Cunila, 313 Cuphea, 135 608 INDEX, CUPRESSINEJE, Cupressus, Cufjressus, CUPULIFEREJE, Currant, Currant Family, Cuscuta, CUSCUTE^J, Custard-Apple, Custard-Apple Family, Cyanococcus, CYCADACEJE, Cycas Family, CYCLOLOBE^E, Ct/nanchum, CYXAREJB, Cynoctonum, Cynodon, Cynoglossum, Cynthia, CYPERACEJB, CYPERE^E, Cyperas, Cypress, Cypress-vine, CYPRIPEDIEJE, Cypiipedium, Cyrilla, Cyrilla Family, CYRILLACEJE, Cystopteris, Dactylis, Dactyloctenium, DALBERGIEJE, Dalea, Dalibarday Dandelion, Danthonia, Darby a, Darnel, Dasystoma, Datura, Daucus, Day-flower, Dead Nettle, Dfcodon, Dccumaria, Deer-grass, Delphinium, Dentaria, Desmanthus, Desmodium, Diamorpha, Dianihera, Dia/iensia, DIAPENSIE^E, Dicentra, Dicerandra, Dichondra, DlCHONDREJE, 432 Dichromena, 530 435 Dicksonia, 597 436 DICKSONIE^;, 587 420 Dicliptera, 305 145 DICOTYLEDONOUS PLANTS, 1 145 Diervilla, 169 346 Digitaria, 572 341, Digitaria, 557 15 Diodia, 175 14 Dionsea, 37 259 Dioscorea, 474 437 DIOSCOREACE^E, 474 437 Diospyros, 273 375 Dipholis, 274 367 Diphylleia, 17 246 Diplachne, 559 367 557 Diplopappus, Dipteracauthus, 206 303 333 Dirca, 395 249 Discopleura, 162 504 Dittany, 313 504 Dock, 385 505 Dodder, 346 435 Dodecatheon, 281 341 Dodonaea, 78 453 DODONE^;, 78 464 Dog's-tooth Violet, 483 272 Dogbane, 358 272 Dogwood 167 272 Dogwood Family 167 593 Dolichos, 109 Dolfchos, 106 564 Draba, 29 558 DracocepJialum, 322, 325 88 Dropseed-grass, 350, 352 93 Drosera, 36 124 DROSERACE^E, 36 251 Drjrpetes, 410 568 Duckweed, 442 396 Duckweed Family, 442 568 Dulichium, 513 298 Durra-Corn, 583 352 Duranta, 309 161 Dutchman's Breeches 22 497 325 Eatonia, 560 135 EBENACE^, 273 155 Ebony Family, 273 132 Echinacea, 226 9 Echinochloa, 577 26 Echinocaulon, 390 117 Echinodorus, 448 101 Echites, 359 150 Echites, 359 304 Echium, 331 340 Eclipta, 224 337 Eel-grass, 444 22 Egg-Plant, 349 318 Eglantine, 126 346 Ehretia, 329 341 EHRETIE^E, 328 INDEX. 609 Elder, 171 E volvulus, 345 Elecampane, 217 Exccecaria, 405 Eleocharis, 514 Exogenous Plants, 1 Elcphantopus, 188 Exostemma, 179 Elephant's foot, 188 Eleusine, 558 Fagus, 424 Eleusine, 558 False Acacia, 94 Elliottia, 273 False Foxglove, 298 Elm, 416 False Hellebore, 489 Elm Family, 416 False Mitrewort, 154 Elodea, 42 False Nettle, 414 Elymus, 567 False Rice, 548 Elymus, 567 Feather-grass, 554 Elytraria, 302 Fedia, 183 EMPETRACEJE, 410 Ferns, 585 Endogenous Plants, Enemion, 437 9 Ferula, Fescue-grass, 164 565 EPIDENDRE^:, 453 Festuca, 565 Epidendrum, 455 Festuca, 559 Epigoea, 261 FESTUCACE^:, 546 Epilobium, ^139 Fevenvort, 170 Epiphegus, EQUISETACEJE, 286 585 Ficus, Figwort. 415 288 Equisetum, 585 Figwort Family, "287 Eragrostis, Erechthites, 563 244 FILICES, 415 585 Erianthus, 582 Fimbristylis, 521 ERICACEJE, 257 Fir,, 434 ERICINE.E, 257 Fireweed, 244 Erigeron, 206 Flaveria, 238 Eriocaulon, 502 Flax, 62 Eriocaulon, 503, 504 Flax Family, 62 ERIOCAULONACE.33, 502 Fleabane, 206 Eriochsete, 524 Flower de Luce, 472 ERIOGONE^, 385 Flowering Fern, 598 Eriogonum, 392 FLOWERLESS PLANTS, 585 Eriophorum, 521 Fly-Poison, 490 Erithalis, 178 Fly-Trap, 37 Ernodia, 176 Forestiera, 370 Ervum, 98 FORESTIERE^E, 369 Eryngium, 159 Forget-me-not, 332 Erythrina, 106 Forsteronia, 359 Erythronium, 483 Fothergilla, 157 ESCALLONIE^J, 151 Four-o'clock Family, 372 Eugenia, 130 Foxtail-grass, 549 Euonymus, 76 Fragaria, 124 EUPATORIACE^E, 189 Frangula, 73 Eupatorium, 193 Franklinia, 60 Eupatorium, 197 Frasera, 357 Euphorbia, 400 FRAXINE^:, 369 EUPHORBIACEJE, 399 Fraxinus, 369 Eupolygonella, 386 Fringe-tree, 369 EUSMILACE^J, 475 Froelichia, 383 Eustachys, Eustoma, 557 355 Frog's-bit Family, Fuirena, 450 514 Euthamia, 214 FUMARIACE^E, 22 Eutoca, 335 Fumitory Family, 22 Euxolus, 380 Evening-Primrose, 138 Gaillardia, 238 Evening-Primrose Family, 137 GALACINE^E, 268 Everlasting, 243 Galactia, 108 610 INDEX. Galax, Galax Family, Galega, Galium, Gama-grass, Gardenia, Gaultheria, Gaura, Gaylussacia, Gelsemium, Gentian, Gentiana, GENTIANACE^E, Gentian Family, Georgia Bark, GERANIACE^E, Geranium, Geranium Family, Gerardia, Gerardia, Germander, Geum, Gilia^ Gillenia, Ginseng, Ginseng Family, Gleditschia, Glottidium, Glyceria, Glycine, Gnaphalium, Goat's Rue, Golden Club, Golden Osier, Golden Rod, Golden Saxifrage, GOMPHRENE.E, Gonolobus, Gonopyrum, GOODENIACE^E, Goodenia Family, Goodyera, Gooseberry, Goosefoot, Goosefoot Family, Gordon ia, Gossypium> Gouania, Gourd Family, GRAMINE^E, Grape, Grass Family, Grass of Parnassus, Gratiola, Gratiola, Gromwell, GROSSULACEJE, Ground Cherry, Ground Laurel, Groundsel, Guaiacum, 268 Guettarda, 178 268 Guinea Corn, 583 95 Gymnadenia, 458 173 580 Gymnopogon, GYMNOSPERM^, 556 431 179 Gymnostichum, 567 261 Gymnostylis, 243 137 Gynandropsis, 32 258 183 Habenaria, 461 355 H.EMODORACEJE, 469 355 Halesia, 271 352 HALORAGEJE, 137 352 Haloschcenus, 528 179 HAMAMELACE^E, 156 64 Hamamelis, 156 65 Hamelia, 178 64 Hamiltonia, 396 299 Haw, 171 298 Hawthorn, 126 327 Hazel-nut, 425 123 Heart's-ease, 33 339 Heath Family, 257,261 121 Hedeoma, 316 166 166 Hedge-Hyssop, Hedge-Mustard, 292 28 115 Hedge-Nettle, 326 97 Hedyotis, 181 560 HEDYSARE^E, 87 104, 105 Hedysarum, 101 243 Helenium, 239 95 Helianthella, 232 441 Helianthemum, 35 431 Helianthus, 228 208 Helianthus, 223 154 379 Heliophytum, Heliopsis, 330 225 368 HELIOTROPES, 328 387 Heliotropium, 330 255 HELLEBORINES, 2 255 Helonias, 489, 490, 491 463 Helosciadium, 162 145 Hemianthns, 295 376 Hemicarpha, 513 375 Hemp Family, 414 60 Hepatica, 5 58 Heracleum, 165 74 Herd's grass, 550 148 Herniaria, 47 545 Herpestis, 291 70 Herpestis, 295 545 Hesperis, 25 38 Heteropogon, 582 292 Heterotheca, 215 291, 294 Heterotropa, 371 331 Heuchera, 152 145 HIBISCE^B, 53 350 Hibiscus, 57 261 Hibiscus, 57 245 64 Hickory, Hieracium, 418 250 INDEX. 611 HlPPOCASTANEJE, 78 Impatiens, Hippomane, 404 Indian Hemp, Holly, 269 Indian Mallows, Holly Family, 2158 Indian Physic, Honey-Locust, 115 Indian Pipe, Honeysuckle, Honeysuckle Family, 170, 265 169 Indian Pipe Family, Indian Shot, Hop, 414 Indian Turnip, Hop-Hornbeam, 426 Indigo, Hop -tree, 66 Indigofera, HORDEACE.SS, 547 Inga, Horehound, 3-25 Inula, Hornbeam, 425 lodanthus, Horned Rush, 528 Ipomoea, Hornwort, 398 fpomoea, Hornwort Family, 398 Iresinastrum, Horse-Balm, 315 Iresine, Horse-Chestnut, 79 IRIDACE^E, Horse-Mint, 314, 320 Iris, Horsetail Family, 585 Iris Family, Hosackia, 91 Irish Potato, Hottonia, 279 Iron-weed, Hound's Tongue, 192,333 Isanthus, Houstonia, 180,181 Ismene, Huckleberry, 258, 259 Isoetes, Huclsonia, 36 Isolepis, Humulus, 414 Isopappus, Huntsman's Cup, 20 Isopyrum, Hydrangea, 155 Itea, HYDRANGIE^E, 151 Iva, Hvdrastis, HYDROCHARIDACE.2E, Hijdrocharis, Hydrochloa, Hydrocotyle, Ht/drocotyle, Hydrolea, HYDROLEACE^E, Hydrolea Family, Hadropeltis, HYDROPHYLLACE^E, 11 450 451 549 158 159 336' 336 336 19 333 Ixia, Jamaica Dogwood, Jamestown-Weed, Jacquemontia, Jaquinia, Jatropha, Jeffersonia, Jersey Tea, Jerusalem Artichoke, Jerusalem Cherry, Hydrophyllum, Hydropterides, Hymenocallis, Hymenopappus, HYMENOPHYLLE^E, Hyoseru, 334 602 467 238 587 250 J GWGI-WCGQ, JUGLANDACEJE, Juglans, JUNCACE^E, JUNCAGINE^), Juncus, •TuYicus Hypelate, HYPERICACE^E, Hypericum, 78 38 39 Juniper, Juniperus, Jussisea Hypobrychia, Hypopitys, 133 268 Justicia, Hypoporum, 532 Kallstromia, Hypoxys, 468 Kalmia, Hyptis, 312 IGdney-Bean, Knotweed, Ilex, 269 Kosteletzkya, ILLECEBRE^:, 45 Krameria, Illicium, 12 KRAMERIACE^E, Ilysanthes, 294 Krigia, 65 358 55 125 268 267 465 439 96 96 116,117 217 25 342 341 382 381 472 472 472 349 187 327 467 602 522 215 9 155 222 474 110 352 344 276 409 18 74 232 349 65 418 419 492 447 493 93, 495 435 435 140 304, 305 64 264 106 388 57 86 86 9 612 INDEX. Kuhnia, Kyllingia, Kyllingia, LABIATE, LABIATIFLOKJE, Lachnanthes, Lachnocaulonr Lactuca, Lady's Slipper, Lagerstroemia, Laguncularia, Lamb-Lettuce, Lamium, Lantuna, Laportea, Lappa, Larkspur, Lastrea, Lathyrus, LAURACEJE, Laurel, Laurel Family, Laurocerasus, LauruSj Lavatera, Leadwort, Lead wort Family, Leatherwood, Leavenworthia, Lechea, Leersia, LEGUMINOSJE, Leitneria, Lemna, LEMNACE^E, Lemon, LENTIBULACEJE, Leonotis, Leontice, Leonurus, Lepachys, Lepidium, Leptandra, Leptanthus, Leptocaulis, Leptochloa, Leptopoda, Lepuropetalon, Lettuce, Leucanthemum, Leucothoe, Liatris, Liatris, LlGULIFLOILE, Ligusticum, LILIACEJE, Lilium, 193 Lily Family, 512 Lily of the Valley, 514 Lime, Limnanthemum, 310 Limnobium, 187 Limnochloa, 469 Liniodorum, 503 LINACE^E, 252 Linaria, 464 Linden, 135 Linden Family, 136 Linderniat 183 Linum, 325 Liparis, 308 413 Lipocarpha, LIPOCARPHEJB, 248 Lippia, 9 Liquidambar, 594 Liriodendron, 99 Listera, 393 Lithospermum, 264 Liver-leaf, 393 Lizard's Tail, 120 Lizard's Tail Family, 393, 394 LOASACE^E, 56 Loasa Family, 279 Lobelia, 278 Lobelia Family, 395 LOBELIACEJE, 27 Loblolly Bay, 36 Locust, 548 LOGANIE^E, 86 Lolium, 427 LOMENTACE^E, 442 Long Moss, 442 Lonicera, 61 Loosestrife, 282 326 Loosestrife Family, Lophanthus, 17 Lophiola, 326 Lopseed, 228 LORANTHACE^, 30 LOTEJE, 295 Ludwigia, 497 Ludwigia, 161 Lupine, 558 Lupinus, 239 Luziola, 151 Luzula, 100 Lycium, 252 LYCOPODIACEJE, 242 Lycopodium, 261 Lycopus, 190 Lygodesmia, 190 187 Lygodium, Lime-grass, 163 Lyonia, 480 Lvsimachia, 484 LYTHRACE^, 484 Lythrum, 480 481 61 357 451 514 455 62 290 59 59 294 62 454 513 504 308 157 14 463 331 5 398 397 146 •146 253 253 253 60 94 173 568 24 470,472 170 134, 280 133 321 469 310 397 86 140 140 89 89 583 492 351 600 600 313 251 597 567 367 280 133 134 INDEX. 613 Macbridea, . 324 [ Mclilot, 90 Macranthera, 297 1 Melilotus, 90 Madder Family, 172 Melissa, 318 Magnolia, 13 Melothria, 148 Magnolia Family, MAGNOLIACE^E, 12 12 MENISPERMACE^E, Menispermum, 15 16 MAGXOLIEJE, 12 Menispermum, 16 Mahogany, 62 Mentha, 312 Mahogany Family, 62 Mentzelia, 146 Maiaiithemum, 481 Menzicsia, 265 Maiden-Hair, 590 Mercurialis, 410 Malachodendron, 61 Mertensia, 332 MALAXIDEJE, 452 Mctastelma, 366 Malaxis, 453,454 Mexican Poppy, 21 Mul low, Mallow Family, 53 52 Mezeretim Family, Micranthemum, 395 294 MALPIGHIACE^E, 81 Micromeria, 317 Malpighia Family, 81 Micropetalon, 49 Malva, 53 Microstylis, 453 Malva, 53,56 Mikania, 197 MALVACEAE, Malvastrum, 52 54 Mi Hum, 570, Mi Ik- Vetch, 572 97 Malva viscus, 58 Milkweed, 362 MALTESE, 52 Milkweed Family, 361 Mandrake, 18 Milkwort, 82 Mangrove, 135 Milkwort Family, 82 Mangrove Family, 135 Millet, 578 Manisuris, 580 Mimosa, 115 Maple, 80 Mimosa Family, 115 Maple .Family, 80 MIMOSE.S:, 88 Marginalia, 588 Mimulus, 291 M^rrubium, 325 Mimusops, 275 Maruta, 241 Mint, 312 Marshallia, 241 Mint Family, 310 Marsh-grass, Marsh Marigold, 556 9 Mistletoe, Mistletoe Family, 397 397 Marsh Pennywort, 158 Mitchella, 176 Mar?h Rosemary, 278 Mitella, 154 Marty nia, 285 Mitreola, 182 Mayaca, 498 Mitre wort, 154, 182 MAYACACE.E, 498 Mock Orange, 120 Mayaca Family, 498 Modiola, 56 May- Apple, 18 MOLLUGINEJS, 45 Maypop, 147 Mollugo, 48 May ten us, 77 Monanthochloe, 584 Mayweed, 241 Monarda, 320 Meadow-grass, 562 Monarda, 321 Meadow-Rue, 5 MONARDE^E, 311 Meadow-sweet, 120 Monkey-Flower, 291 Medeola, 479 Monk's hood, 10 Medicago, 90 Monocera, 558 Melampvrum, MKLANTHACE^I, 301 485 Monocotyledonous Plants, Monopctalous Exogenous Plants, 437 169 Melanthera, 225 Monotropa, 268 Melanthium, 488 MONOTROPEJ3, 258 Melastoma Family. 131 Moonseed, 16 MELASTOMACK&, 131 Moon wort, 599 Melia, 62 MO RACEME, 414 ME LI ACE M, 62 Morinda, 177 Melica, 560 Morn ing- Glory, 342 Melicocca, 79 Morus, 415 614 INDEX. Mothenvort, 326 Nyssa, 168 Mouse-ear, 50 Mouse-tail, 6 Oak, 420 Muhlenbergia, 552 Oak Family, 420 Muhlenbergia, 553 Obione, 377 Mulberry, 415 Obolaria, 357 Mulberry Family, 414 OCIMOIDE^, 310 Mulgedium, 252 Ocimum, 312 Mullein, 288 (Enothera, 138 Muscadine, Mustard Family, 71 23 Ogeechee Lime, Oil-nut, 168 396 MUTISIACE^, 248 Okra, 58 Myginda, 75 OLACACEJi; 61 Mylocarium, 273 Oldenlandia, 180 Myosotis, 332 Olea, 369 Myosotis, 333 OLEACE^E, 368 Myosurus, 6 OLEINEJE, 368 Myrica, 426 Olive, 369 MYRICACE^B, 426 Olive Family, 368 Myriophyllum, 143 ONAGRACEJE; 137 MYRSINACE.3!Jr 276 ONAGRACE.E, 137 Myrsine, 276 Onion, 482 Myrsine Family, 276 Onoclea, 596 MYRTACE^E, 130 Onosmodium, 331 Myrtle Family, 130 OPHIOGLOSSE^B, 587 Ophioglossum, 599 Nabalus, 250 Ophiorhiza, 182 NAIADACE^E, 444 OPHRYDE^E, 453 Naias, 444 Ophri/s, 464 Nama, 336 Oplotheca, 384 Nasturtium, 24 Opuntia, 144 Nectris, 19 Orache, 3V Negundo, 81 Orange, 61 NELUMBIACE^E, 18 Orange Family, 61 Nelumbium, 18 Orchard-grass, 564 Nelumbo, 18 ORCHIDACE^E, 452 Nelumbo Family, 18 Orchis, 458 Nemastylis, 474 Orel's, 459, 460 Nemophila, 334 Orchis Family, 452 NEOTTIE^E, 455 Ornithoqalum, 483 Nepeta, 321 OROBANCHACE^E, 286 NEPETE^E, 311 Orobanchet 286, 287 Nephrolepis, 596 Orontium, 441 Neptunia, 117 Orpine, 150 Nesaea, 134 Orpine Family, 149 Nettle, 412 Orthomeris, 205 Nettle-tree, 417 Orthopogon, 577 Neurophyllum, 165 ORYZE^E, 545 Neviusia, 121 Osmorrhiza, 166 Nicandra, 351 Osmunda, 598 Nicotiana, 352 OSM UNDINES, 587 Night-blooming Jessamine, 352 Ostrya, 426 Nightshade, Nightshade Family, 348 347 Otophvlla, OXALIDACE^E, 298 63 Nolina, 483 Oxalis, 63 Nondo, 163 Ox-eye Daisy, 242 Nuphar, • 20 Oxybaphus, 372 Nut-rush, 530 Oxycoccus, 259 NYCTAGINACE^;, 372 Oxydendrum, 263 Nymphspa, NYMPELEACE^E, 19 19 Oxytripolium, 205 INDEX. 615 Pachysandra, Paspalanthus, Palafoxia, PALM^E, Palmetto, Palms, Panax, Pancratium, PANICEJE, Panic-grass, Panicum, Panicum, PAPAVERACEJE, Papaw, Paper-Mulberry, PAPILIONACE^E, Papyrus, Parietaria, Parnassia, PARNASSIACE^E, Parnassia Family, Paronychia, Paronychia, Parsley Family, Parthenium, Paspalum, Passiflora, PASSIFLORACE^E, Passion-Flower, Passion-flower Family, Pavia, Pavonia, Peach, Pear, Pecan-nut, Pectis, Pedicularis, Pellrca, Pellitory, Peltandra, Penicillaria, Penthorum, Pentstemon, Pepper-grass, Persea, Persicaria, Persimmon, Petalostemon, Petiveria, PETIVERIE<®, Petunia, Phaca, Phacelia, Phrenogamous Plants, Phalangium, PHALARIDE<aB, Phalaris, Pharbitis, PHASEOLE^:, Phascolus, Philadelphus, 410 Philoxcrus, 382 503 Phlcbodium, 588 238 P/tleum, 530, 552 437 Phlox, 337 438 Phoradcndron, 397 437 Phragmites, 567 166 Phryma, 310 467 PHRYME^E, 306 547 Phyllanthus, 409 572 Physalis, 350 572 Physostegia, 325 , 578 Phytolacca, 375 21 PHYTOLACCACE^E, 374 15 PHYTOLACCE^:, 374 415 Pickerel-weed, 496 86 Pickerel-weed Family, 496 512 Pig-nut, 418,419 413 Pig-weed, 376 38 Pilea, 413 37 Pimpernel, 281 37 Pinckneya, 179 46 Pine, 432 47 Pine Family, 431 157 Pine-Apple Family, 470 222 Pinguicula, 283 570 Pink Family, 45 147 Pink-root, 181 147 Pinus, 432 147 Pipewort, 502 147 Pipe wort Family, 502 79 Piriqueta, 146 56 Piscidia, 110 129 Pisonia, 373 128 Pistia, 441 418 Pitcheria, 105 189 Pitcher-Plant Family, 20 301 Pithccolobium, 116 589 Planera, 417 413 Planer-tree, 417 440 Plane-tree, 418 578 151, Plane-tree Family, PLANTAGINACE^E, 417 277 289 Plantago, 277 30 Plantain, 277 393 Plantain Family, 277 388 PLANTANACE^E, 417 273 Platanthera, 459 93 Platanus, 418 374 Pleea, 491 374 Pluchca, 218 352 Plum, 119 98 PLUiMBAGINACEJE, 278 335 Plumbago, 279 1 Poa, 562 483 Poa, 559, 561, 563, 564 547 Podophyllum, 18 569 PODOSTEMACE^E, 399 342 Podostemon, 399 88 Podostigma, 366 106 Pogonia, 457 156 Poison Elder, 69 616 INDEX. Poison Oak, 69 Ptelea, 66 Poke-weed, 375 PTERIDE^B, 586 Poke-weed Family, 374 Pteris, 589 Polanisia, 31 Pteris, 590 POLEMONIACE^E, 337 Pterocaulon, 219 POLEMONIEJE, 337 Puccoon, 22 Polernonium, 340 Pidmonaria, 332 Polemonium Family, 337 Pulse Family, 86, 89 Polycarpon, 48 Punica, 130 Polygala, 82 Purslane, 44 POLYGALACE^E, 82 Purslane Family, 43 POLYGONACE^E, 384 Putty-root, 455 Polygonatum, 480 Pycnanthemum, 314 POLYONE,E, 384 Pycreus, 505 Polygonella, 386 Pyrola, 266 Polygonum, 388 Pyrola Family, 266 Polyyonum, , 387, 388, 391 PYROLEJE, 258 Polymnia, 219 Pyrrhopappus, 252 Polypetalous Exogenous Plants, 1 Pyrularia, 396 POLYPODIES, 586 Pyrus, 128 POLYPODINEJE, 586 Pyxidanthera, 340 Polypodium, 588 Polypody, 588 Quamoclit, 341 Polypogon, 552 Quassia, 67 Polypremum, 182 Quassia Family, 67 Polypteris, 238 Queen's Delight, 404 Poiystichum, 595 Quercus, 420 POME.E, 118 Queria, 46 Pomegranate, 130 Quilhvort, Pond-Lily, 19 Quince, 129 Pond -weed, 445 Pond-weed Family, 444 Randia, 179 Pontederia, 496 RANUNCULACE^:, 2 PONTEDERIACE-3E, 496 RANUNOULEuE, 2 Ponthieva, 464 Ranunculus, 7 Poplar, 431 Rattle-box, 89 Poppy Family, 21 Rattlesnake-Plantain, 463 Populus, 431 Red Bay, 393 Portulaca, 44 Red-bud, 114 PORTULACACE^E, 43 Red Pepper, 350 Potamogeton, 445 Reed, 561, 567 Potentilla, 124 Keed Bent-grass, 553 Pothos, 441 RHAMNACE^E, 72 Prenanthes, 251 Rhamnus, 73 Prickly Ash, 66 Rhamnus, 72, 73, 74 Prickly Pear, 144 Rhatany Family, 86 Pride of India, 62 Rhexia, 132 Primrose Family, PRIMULACEJE, 279 279 Rhizophora, RHIZOPHORACE^:, 135 135 Prince's Pine, 267 Rhododendron, 265 Prinoides, 269 RHODORE^, 257 Priuos, 270 Rhus, 68 Prinos, 270 Rhynchosia, 104 Priva, 306 Rhynchospora, 523 Prosartes, 487 Rhynehospora, 528 Proserpinaca, 143 R H YNCHOSPOEE2E, 505 Prunus, 119 Ribes, 145 Psilocarya, 529 Ricinus, 409 Psilotum, 601 Kiver-weed, 399 Psoralea, 91 River- weed Family, 399 Psychotria, 177 Rivina, 375 INDEX. 617 Robinia, 94 Sarracenia, 20 Rock-Rose, 35 SARRACENIACEJE, 20 Rock-Rose Family, 35 Sarsaparilla, 166 Rosa, 125 Sassafras, 394 ROSACES, 117 Satin-wood, 66 ROSACE^E, 118 SATUREIE.E, 311 Rose, 125 SAURURACE^E, 397 Rose-Bay, 265 Saururus, 398 Rose Family, 117 Sftxifraga, 153 Rose-Mallow, 57 SAXIFRAGACEJE, 151 Rottbcellia, 579 SAXIFRAGES, 151 Rottbcdlia, 579, 581 Saxifrage, 153 ROTTB(ELLIE;E, 548 Saxifrage Family, 151 Roxburghia Family, 479 ScEEvola, 255 ROXBURGHIACE^E, 479 Schsefferia, 76 Rubia, 173 Schizandra, 13 RUBIACE^E, 172 SCHIZANDRE.B, 12 Rubus, 124 SCHIZ^EINE^J, 587 Rudbeckia, 226 Schoenolirion, 483 Rudbeckia, 238 Schoenocaulon, 490 Ruellia, 303, 304 Schocnus, 529, 530 Rue Family, 66 Schollcra, 496 Rugelia, 246 Schrankia, 116 Rumex, 385 Schwalbea, 301 Ruppia, 445 Schweinitzia, 267 Rush, 493 SCIRPE^J, 504 Rush Family, 492 Scii-pus, 519 Rush-grass, 550 Scirpus, 515, 518, 522, 523, 526, 530 RUTACE-E, 66 Scleria, 530 SCLERIE^E, 505 Sabal, 438 Sclerolepis, 190 Sabbatia, 353 Scleropus, 381 Sage, 318 Scoparia, 296 Sageretia, 73 Scouring Rush, 585 Sagina, 48 Scrophularia, 288 Sagittaria, 448 SCROPHULARIACE^E, 287 St. John's-wort, 39 Scutellaria, 322 St. John's-wort Family, 38 Scutia, 72 St. Peter's-wort, 38 Sea-Grape, 391 SALICACE^E, 429 Sea-Purslane, 44 Snlicornia, 377 Sedge, 532 Salix, 429 Sedge Family, 504 Salsola, 378 Sedum, 150 • Saltwort, 378 Seed-box, 140 Salvia, 318 Selaginella, 601 Sambticus, 171 Self-heal, 322 Samolus, 281 Senebiera, 30 Samphire, 377 Seneca-Snakeroot, 85 Sandalwood Family, Sand wort, 395 49 Senecio, Senecio, 245 244 Sanguinaria, 22 SENECIONIDE^;, 219 Sanguisorba, Sanicula, 122 159 Senna, Sensitive-Plant, 114 115 SANTALACEJE, 395 Sericocarpus, 197 SAPINDACE^, 78 SESAMES, 284 SAPINDE./E, 78 Sesbania, 97 Sapindus, 79 Sesbania, 97 Sapodilla Family, 274 Sesuvium, 44 Saponaria. 52 Setaria, 577 SAPOTACEJ3, 274 Seutera, 367 Sarcostemma, 367 Seymeria, 297 618 INDEX. Shepherd's Purse, Shield-Fern, Shortia, Sicyos, Sida, Sida, Sidcroxylon, Side-Saddle Flower, Silene, SILENE.S, SILICULOSA2E, SlLIQUOS^E, Silphium, Silphium, Simaruba, SIMARUBACEJi:, Siphonychia, Sison, Sisymbrium, Sisymbrium, Sisyrhinchium, Sitolobiura, Sium; Sium, Skullcap, Skunk-Cabbage, Sloe, SMILACE^E, Smilacina, Smilacina, Smilax, Smilax, Smilax Family, Srnyrnium, Snake-head, Snowberry, Snowdrop-tree, Soapberry, Soapberry Family, , Soapwort, SOLANACEyE, Solanum, Solea, Solidago, Soliva, Solomon's Seal, Sonchus, Sophora, SOPHORE^E, Sorbus, .Sorghum, Sorrel-tree, Sour Gum, Sourwood, Spanish Bayonet, Sparganophorus, Sparganium, Spartina, Spatter Dock, Specularia, Speedwell, 30 594 Spergula, Spergula, 48 48 267 Spergularia, 47 149 Spermacoce, 174 54 Spermacoce, 176 54,56 Spice-bush, 394 274 Spiderwort, 498 20 Spiderwort Family, 497 51 Spigelia, 181 45 Spike-rush, 514 24 Spilanthes, 237 24 Spindle-tree, 76 220 Spiraa, 120 221 Spiranthes, 461 67 SPIROLOBE-SJ, 376 67 Sporobolus, 550 46 Spring-Beauty, 43 161 Spruce, 434 28 Spurge, 400 24 Spurge Family, 399 473 Spurrey, 48 597 Squaw root, 286 162 STACHYDE.E, 311 162,165 Stachys, 326 322 Stachytarpha, 308 441 Staff-tree, 76 171 Staphylea, 77 475 STAPHYLEACE^E, 77 481 Star-grass, 468, 470 482 Star-Thistle, 246 475 Starwort, 49, 198 477 Statice, 278 475 Stellaria, 49 163 Stellaria, 49 289 Stenanthium, 489 169 Stenotaphruin, 579 271 Stillingia, 404 79 Stipa, 554 78 Stipulicida, 47 52 Stokesia, 188 347 Stonecrop, 150 348 Storax, 271 34 Storax Family, 270 208 Strawberry, 124. 242 Strep tachne, 554 481 Streptopus, 487 253 Streptopus, 487 113 Strumfia, 177 88 Stuartia, 61 129 Stylisma, 346 583 Stylosanthes, 100 263 STYRACACE.ZE, 270 168 SXYRACE^i!, 270 263 Styrax, 271 485 Sumach, 68 190 Sundew, 36 443 Sundew Family, 36 556 Sunflower, 228 20 Supple-Jack, 73 256 Surania, 149 295 SURANIACEJE, 149 INDEX. 619 Surania Family, 149 Tomato, Sweet Bay, 13 Torchwood, Sweet Clover, 90 Torch wood Family, Sweet Fern, 427 Torreya, Sweet Flag, N 442 Tooth-ache Tree, Sweet Gum, 157 Toothwort, Sweet Potato, 341 Tournefortia, Sweet-scented Grass, 569 Touch-me-not, Sweet-scented Shrub, 130 Tovaria, Swietenia, 62 Tradcscantia, Sycamore, 418 Tragia, iSuena, 499 Trautvetteria, Symphoria, 169 Tree-Orchis, Symphori carpus, 169 Triantha, Symplocarpus, 441 Tribulus, SYMPLOCINE^I, ' 271 Trichelostylis, Symplocos, 272 Trichochloa, Syringa, 156 Trichodeum, Trichophorum, Talinum, 44 Trichomanes, Tanacetum, 242 Trichostema, Tansy, 242 Tricuspis, Tape-grass, 450 Trifolium, Taraxacum, 251 Triglochin, Tare, 98 TRILLIACE.SS, TAXINE^E, 432 Trillium, Taxodium, 435 Trillium Family, Taxus, 436 Triosteum, Tecoma, 285 Triphora, Telanthera, 383 Triplasis, Tephrosia, 95 Tripsacum, Terminalia, 137 Tripsacum, Tetragonotheca, 225 Tripterella, Tetranthera, 394 Trisetum, Teucrium, 327 Trumpet-Flower, Thalia, 465 Trumpet-Leaf, Thalictrum, 5 TUBULIFLOR.E, Thaspium, 163 TULIPACE^E, Thcophrasta Family, THEOPHRASTACE^E, 276 276 Tulip-tree, Turnera, Thermopsis, 113 Turnera Family, Thesium> 396 TURNERACE^, Thistle, 246 Twin-Leaf, Thorn-Apple, 352 Twisted Orchis, Thoroughwort, Thuja, , THYMELEACE^E, 193 436 395 Typha, TYPHACE^l, Thyrsanthus, 95 Udora, Thvsanella, 391 ULMACE^E, Tiarella, 154 Ulmus, Tiedemannia, 164 UMBELLIFER^I, Tilia, 59 Umbrella-Tree, TILIACE^J, 59 Unicorn-Plant, Tillandsia, 470 Uniola, Timothy, 550 Uniola, Tiniaria, 390 Uralepis, Tipularia, 456 [IRENES, Titi, 273 Urtica, Toad-Flax, 290 Urlica, Tobacco, 352 URTICACE^E, Tofieldia, 491 Utricularia, 349 68 67 436 66 26 329 65 390 498 406 6 455 492 64 522 553 551 521 597 327 559 90 447 475 477 475 170 457 559 580 580 451, 452 568 285 20 184 480 14 147 146 146 18 461 443 443 450 -416 416 157 13 285 556 562 560 53 412 413 411 282 620 INDEX. Uvaria, Uvularia, UVULAKIE^J, VACCINIE^J, Vaccinium, Vaccinium, VALERIANACE^E, Valeriana, Valerian Family, Vallesia, Vallisneria, Veratrum, Veratrum, Verbascum, Verbena, VERBENACE^E, VERBENE.E, Verbesina, Vernonia, VERNONIACE.SJ, Veronica, Vervain, Vervain Family, Vescicaria, Vetch, Viburnum, Vicia, VICIE^J, Vigna, Vignea, Vilfa, Vinca, Vine, Vine Family, Viola, Viola' VIOLACE^E, Violet, Violet Family, Virgaurea, T7-. ° , j , ' Virydia, Virginian Creeper, Virgin's Bower, FZ'SCMTH, VITACEJS, VlTE^E, Vitis, Vitis-Idrea, Vittaria, VlTTARIEJE, Waldsteinia, Walking Leaf, Walnut, Walnut Family, Waltheria, Wampee, Warea, Watches, Water-Chinquapin, 15 486 450 Water-Cress, Water-Fern Family, Water-Hemlock, 24 €02 161 Water-Leaf, 334 257 Water-Leaf Family, 333 259 Water-Lily, 19 258 Water-Lily Family, 19 183 Water-Milfoil, 143 183 Water-Plantain, 447 183 Water-Plantain Family, 447 360 Water-Shield, 19 450 489 Water-Shield Family, Water- Stanvort, 18 399 484 288 Water- Star wort Family, Wax-Myrtle, 398 426 306 Wax-Myrtle Family, 426 305 Whahoo, 417 306 White Poplar, 14 237 187 Whortleberry Family, Wicky, 258 264 187 Wild Flax, 62 295 Wild Rice, 549 306 Willow, 429 305 Willow Family, 429 29 Willow-Herb, 139 98 Wind-Flower, 4 171 WINTERED, 12 98 Wintergreen, 261 87 Wire-grass, 550, 554 106 Wistaria, 95 533 Witch-Hazel, 156 550 Witch-Hazel Family, 156 360 Wolfsbane, 10 70 Woodbine, 170 70 Wood-Rush, 492 33 Woodsia, 596 35 WOODSIE.E, 587 32 Wood-Sorrel, 63 33 Wood-Sorrel Family, 63 32 Woodwardia, 591 208 Wormseed, 377 113 Wormwood, 242 72 3 Xanthium, 223 397 Xanthesmia, 440 70 Xerophyllum, 490 306 Xinienia, 61 70 Ximenia Family, 61 259 XYRIDACE^E, 499 589 Xyris, 499 586 — • Yam, 474 123 Yam Family, 474 591 Yarrow, 242 419 418 59 Yellow-eyed grass, Yellow-eyed grass Family, Yellow Jessamine, 499 499 183 496 Yellow Water-Lily, 20 28 Yellow Wood, 113 21 Yew, 436 18 Yucca, 485 INDEX. 621 Zamia, Zannichellia, Zanthorhiza, Zanthoxylum, Zapania, Zigadcnus, Zinnia, 437 445 11 66 308 488 225 Zizania, Zizia, Zizyphus, Zornia, Zostera, ZYGOPHYLLACE^E, 549 549 163 72, 73 99 444 63 THK RETURN BXOGY LIBRARY TO— +> LOAN PERIOD! * BIOSCIENCES LIBRARY 40 Giannini Hail BH 642-2531 T 4 5 6 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS Renewed books are subject to immediate recall DUE AS STAMPED BELOW 9?^ FEB/is WB QQ?( UNIV OFC/»'fr ^ wf . 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zh	N/A	N/A	自媒体时代如何甄别信息的真伪黄金衔 (武警江苏省边防总队政治部文化记者站，江苏南京210036) 摘要：如今，我们已经迈入自媒体时代，有了它的参与，我们的社会生活发生了翻天覆地的巨大变化。普通民众利用自媒体传播各种信息，使得人与人之间的距离越来越短。然而，在这些传播的信息中，不乏虚假、腐朽、落后的信息，对人们的思想会产生不良的影响。那么，如何在自媒体时代甄别信息的真伪，就显得尤为重要。本文先阐释自媒体的定义，接着分析其特点，最后提出一套在自媒体时代中甄别信息真伪的策略，以作抛砖引玉之用。关键词：自媒体；特点；信息；甄别中图分类号：C206.3 文献标志码：A 文章编号：1674-8883(2015)03-0062-01 众所周知，随着时代的发展，我们已经迈入自媒体时代，不同丁以往媒体时代的是，自媒体不再被视为单·的信息传播工具，普通网民通过信息传播，起着更为复杂的“社会标签”作用，自媒体在简单记录的同时，更对社会关系产体生事了件重的大，推深波远助的澜影，响自。媒加体已上系列出个人利益引发的群然成为传统媒体之外和新媒体前端的一种重要媒体存在形式，并开始受到学术界和业界的强烈关注。如今，有了白媒体的参与，我们的社会生活发生了翻天覆地的变化。普通民众利用自媒体传播各种信息，使得人与人之间的距离越来越短。然而，在这些传播的信息中，不乏虚假、腐朽、落后的信息，对人们的思想会产生不良的影响。那么，如何在户媒体时代甄别信息的真伪，就显得尤为重要，本文先阐释自媒体的定义，接着分析其特点，最后提出一套在白媒体时代中甄别信息真伪的策略，以作抛砖引玉之用：一、自媒体的定义 “自媒体”一词来白“We-Media”(我们即媒体)这个英文组合词。随着新媒体技术升级的浪潮，“自媒体”已逐渐成为信息领域最火的词汇之一，表现出传统媒体和些许新媒体都无法企及的全新功能。自媒体概念是数字信息时代对传媒的重新定义，大众从新媒体“传受一体”的双重身份俨然变成了媒介的主导者，白媒体本身的属性也将“草根”的概念发挥到极致。割·吉尔默给自己的专著《自媒体》起的副标题是“草根新闻，源于大众，为了大众”，正印证了在公民新闻尚未潮退的阶段，自媒体的兴起又为其注人了新鲜的元素，同时也将白媒体本身推到了时代的前端。具体到我国，诸多学者一致认为“自媒体”是以网络技术为代表的新媒体发展到定程度，进而出现的种更为新颖、奇特的形式，它比新媒体史胜一筹。他们还将白媒体界定为“个人媒体”特指以自主化和普遍化为基本特征的“草根”网民，借助简单易用的数码技术和电子化技术，在独立的私人空间内，向特定或不特定的个人和群体传达和分享相关信息的新型媒体的总称。这些草根网民在传播、分享信息的时候不必接受专业编辑的过滤，由此体现了白媒体的简易性。二、自媒体时代的特点 (1)内容形式个性化。自媒体是个体单位的普通网民进行文本、图片，视频创作，参与编辑、分享和传播的自主平台。山于有“个体单位”这个前提，自媒体在表现形式上也呈现出“个性化”色彩十足的特点。可以说，自媒体这种个性化的绽放，与长期以来传统媒体的垄断性和单向度传播的模式背道而驰，自媒体在任何层面都更加注重个人因素的张扬和自我的外化，是完全按照个人喜好定制的媒体，因而受到人们的普遍认可与欢迎。 (2)低门槛准入：自从互联网技术从 Webl0升级到Weh2.0以来，只要拥有台配置适当的电脑或智能手机，普通的大众也能拥有“自己的媒体”。在新浪博客、腾讯微博、优酷播客、晒客帝国等提供自媒体平台的网站上，普通的用户只要轻点鼠标，简单地巾请ID或域名，就可通过邮箱或手机绑定注册。之后，根据运营商服务商所提供的虚拟网络空间(Cybcr-space)，在既定的模板库(Template base) 里，通过简捷的“傻瓜式”教程，在“下一步”利“继续”的提示中完成文木、图片的张贴和音频，视频的上传，有了文字、图片、声音和视频所组成的信息，并且持续地更新，受众也就如愿拥有了免费的自媒体。用户从注册到完成第一条“新闻”或其他信息传播，几乎不需要掌握任何关于专业网页制作和维护的技术以及新闻从业人员的采编常识，只要掌握最基础的互联网操作方法，拥有“白己的媒体”就不再是梦。 (3)“零编辑”特质。自媒体属性中除了囊括技术层Ffi的“低门槛”外，内容上的“零编辑”也是其重要特质之二有话要说”的人借助下白媒体的信息发布平台，使网络编辑的把关作用几乎为零，甚至可以跳过或忽略网络编辑这道关卡，直接将信息公布于众。有洋洋洒洒千字的生活感悟，也有短小精悍的一句话评论，有对政治经济诚策的草根观点，也有对社会现状的情绪化表达…虽然这些言论水平参差不齐，形式零碎不规则，但都能在信息发布前就轻易“躲过”网络编辑的筛选、过滤，直接将信息“抢先”公布丁众。然而，我们不能忽视，有的自媒体由于过分追求提高点击率或为了第一时间抢占新闻头条，忽视了新闻的真实性与客观性，进而导致---些民间写手网顾社会道德和自身道德、降低自媒体传播信息的可信度，甚至使自媒体成为网络谣言的“温床”。三、在自媒体时代中甄别信息真伪的策略 2013年，在热闹非凡的自媒体上，各种“门”事件通过各种“客”渠道“不经意”地疯狂上演，多个名人“被去世，多多逝整被复清生盖手新闻价值号隐私权，娱乐恶搞与道德伦理的讨论也不断升级。同时，也有少数人有意或无意地利用白媒体“零编辑”、“零把关”的漏洞，传播各种不健康的信息，造成极其不良的社会影响。有些博客既有利益攸关的企图，又有浮躁的跟风与宣泄，甚至以其生猛、搞怪、恶俗不断撞击人们心理承受力与社会公德的底线。由此一来，在自媒体时代中甄别信息真伪势在必行。 (1)通过网络检索进行验证。网络信息浩如烟海，甄别信息真实性的最简单方法，就是利用搜索引擎寻找相应新闻源，查看是否有权威媒体的公开报道。我们不得不承认，传统媒体一直有着强大的严谨度和公(下转第68页) 作者简介：黄金街(1972一)，男，安徽庐江人，本科，记者，现就职于武警江苏省边防总队政治部文化记者站，研究方向：军事新闻传播学： 1972斗山男，安徽户法个，本材，比体的实力也在不断地加强，通过正确的舆论导向来引导人们向着更好的方向发展与进步。例如，2008年北京举办的奥运会，其对奥运会现场进行直播，最大限度地实现了新闻的时效性，将成功的喜悦分亨到每一位群众身边，以此来引起视觉上的冲击与心灵上的震撼。电视新闻的画面更为鲜活，语言也越来越灵动，这在一定程度上加强了观众对新闻事件的了解程度.随着科技的发展与进步，电视新仰也对传统传媒模式中存在的不足之处进行了全面的完善，从全方位，多色度的方面来增加新闻的可视性，这也加大了群众对新闻的关注程度，在一定程度上提高了电视新闻舆论导向的作用与效果。此外，新闻T.作人员也在不断地完善自我，提高电视新闻的水平，接收社会发展中的新理念，并在这一基础上创建更好的新闻报道来吸引人民群众，使新闻舆论导向作用可以得到充分的发挥，更好地服务于党和人民群众，为社会主义的发展与进步起到推动的作用。媒体是面向广大人民群众的，所以在对电视新闻进行制作的过程中就应该深人社会经济、政治以及文化等方面，通过客观的事实来体现群众的意愿，对人们进行正确的引导。例如，钓鱼岛事件，电视新闻通过对各方面行为的真实 (上接第51页)定需要考虑舆论，因为舆论能够体现广大公民的利益和诉求。新媒体的不断发展，会使舆论对民生新闻的影响越来越大，进而扩大民生新闻栏日的社会功能。三、结语民生新闻栏目与新媒体的融合拥有巨大的发展潜力，两者的融合具网络信息时代发展的必然。在新媒体進速发展的今天，传统的民生新闻栏口遇到了很大的挑战，为了迎接挑战，民生新加多样的题材.闻拓栏展目传要播的积极渠道地.与只新在媒这体样进才行能合应作对，日选择益更渐 (上接第62页)信力。相信很多网民都用这个方法来辨识信息的真伪。同时，也有一些网络信息并不完全是胡编乱造，只是事实不够精确。这就需要网民要运用多种技术手段识别真伪，例如，通讨百度地图对照视频或照片中的拍摄地点是否与自媒体提供的图片一样；通过天气预报的网站查询某一时间段内的天气情况，从而从信息细节中判断信息真伪性。 (2)查看评论中是否有人提出异议。在运用自媒体传播信息的过程中，评论功能的应用也能帮助网民辨别信息的真伪性。正是由于网络传播具有广泛性，所以更多人可以参与到对信息的分析中，对某一条信息的反馈也是各不一样的，有质疑、有特同，也有一些“局内人”会参与到评论过程中，提供史加可靠的事实真相。所以，当我们发现某一条信息线索后，多观察自媒体中的评论，以及其他人对这一信息线索的反应，集思广益，从而分别出信息的真伪。 (3)强化媒介素养教育。媒介素养是指社会大众解读、批判媒介信息的能力，以及利用媒介信息为自己生活服务的能力。媒介素养教育就是指导社会人众正确理解创造性享用各种传播资源的教育。毫无疑问，媒介素养教育能够培养大众健康、合理的媒介解读能力，使其能充分利用各种媒介资源完善自我，创造性地参与社会互动。网民要主动提高媒介素养，对于白媒体信息，要多问几个“是仆么?”、“为什么?”从而提高自身分辨信息真伪的能力。 (4)发挥传统把关人的作用。在自媒体传播信息时，传统把关人要及时限制或删除不良信息，第一时间切断信息传播的源头。如果虚假信息已经在一定范围内产生不良影响，必须在信息发布后的互动中及时发表意见，引导公众产生正确的思想倾向，维持正确的社会舆论导向。例如，我国日前的微博运营商都设置了人1.审核和机器审核程序，对于一些敏感词，可以通过相关机器过滤掉，这些做法都有助于帮助公众辨别信息真伪，或者说尽可能避免公众接触报道，来反映事件的观点与我国政府处理态度，通过舆论导向来引导群众，激发人们的爱国主义热情。同时，还可以通过舆论监督的方式来有效地改善社会中存在的问题。例如，披露较为常见的贪污、腐败、以权谋私等等现象，及时地发现错误的现象与问题，顺应民意，以此来维护社会的稳定与和谐发展，贯彻我国可持续发展的战略方针。四、结语随着社会发展的逐渐加快，人们对精神生活的要求也在不断地提高，而电视新闻则是大众化的传媒形式，以其自身的优势受到广泛的关注，在这·背景下.就要求相关的工作人员充分发挥电视新闻的舆论导向作用，对广大人民群众进行正确的引导，以此来推进我国社会的发展与完善。参考文献： \[1\]白雪峰.充分发挥新闻的舆论导向作用\[J\].人文论坛，2010(08). 12」江海，张琼.试论新闻的舆论导向作用\[J\].新闻传播，2010(05). \[3\]李洪源.论充分发挥电视新闻的舆论导向作用\[J.攀登，2005(04). 烈的媒体竞争，才能取得持久的进步。参考文献： \[1陈锐维.新媒体时代电视民生新闻的发展\[J\].新闻世界，2013(01). \[2」韩彪，魏鸿.新媒体语境下电视民生新闻的演进「J1.军事记者，2012(03). 虚假信息的机会。毋庸讳言，每个人都有倾诉的愿望，但是由于社会身份的限制，很多人在现实生活中无法畅所欲言。但是自媒体为他们打开了通往世界的大门，再加上网络空间的匿名性和隐蔽性，更为广大网民提供了宣泄的渠道。这就导致了自媒体用户良莠不齐的现象，不少人为了满足自己的虚荣心或基于其他目的，不惜制造虚假言论，以求吸引社会关注。这些虚假信息的不断蔓延，会逐渐掩盖有真正价值的公共信息，使社会主义主流意识形态遭受巨人打击。公民和相关部门要不断提高甄别信息真伪的能力，方能使社会风气得到净化。参考文献： \[11 胡百精.危机传播管理——流派、范式与路径\[M\].北京：中国人民大学出版社，2009. \[21 谢耘耕，陈虹.新媒体与社会\[M\].北京：社会科学文献出版社，2007. 3 王芹.谣言传播规律与应对策略研究：D\].上海大学，2013 L4」李亚敏.重大群体性事件谣言阻断机制研究 D丨.西南政法大学，2011. \[5\]陈烨.突发事件中的网络谣言传播研究「D1.华东师范大学，2010. \[6」陈喻，徐君康.自媒体时代网络谣言传播探析\[J\].新闻界，2013(15)：50-53. 「71赵玲.探析新媒体时代谣言传播新态势\[J\].中国报业，2013(02)：117-118. \[8\] 陈少波.当谣言邂逅微博，是自净还是泛滥监一一自媒体环境下微博谣言的传播学分析及辟谣方略iJ1.新闻界，2012(15)：50-53.	__label__neg	null	null	null	null	null
zh	N/A	N/A	文章编号：1003-207(2022)06一0116一11 DOI：10.16381/j. cnki. issn1003-207x. 2019.1523 考虑跨渠道退货的双渠道供应链最优策略杨浩雄1，顾子跃”，王浩3，赵川 (1.北京工商大学电商与物流学院，北京 100048；2.北京顺丰速运有限公司，北京 101316：3.中移雄安信息通信科技有限公司，北京 100088) 摘要：基于零售商线上线下销售与消费者退货并存的双渠道供应链，构建考虑退货的双渠道供应链定价模型以及考虑跨渠道退货策略的双渠道供应链定价决策模型。通过理论分析和数值实验对比，研究集中决策与分散决策下的零售商最优定价策略以及总利润的变化情况，同时分析在不同退货策略下顾客偏好以及退货率对零售商定价和收益的影响。结果表明：零售商渠道的最优价格设置与顾客对渠道的偏好成正比，与退货率成正比。当顾客对某一渠道偏好程度高时，分散决策下的利润要高于集中决策，并且随着该渠道退货率的提高，这种利润差距会进一步扩大，因此零售商应实施分散决策的渠道策略，鼓励线上线下两个渠道进行竞争，从而获得更大的收益。从仿真结果可以看出，对于一般的服装产品，提供跨渠道退货服务的零售商总利润更高，在一定条件下跨渠道服务水平的投入会增加零售商的收入，但这种投入应该控制在一个合理的水平上，并保持服务与顾客回报之间的正相关关系。关键词：双渠道供应链；跨渠道退货；定价策略；退货策略；Stackelberge 博弈中图分类号：F274 文献标识码：A 引言随着线上消费的普及，线上线下并存的双渠道供应链模式被企业广泛应用。但因为顾客在线上消费时缺乏对产品的体验，所以线上退货率普遍较高。同时线上退货需要较长的处理周期，从而使顾客产生了线上购买线下退货的跨渠道退货需求。目前，一些企业已经开始开通跨渠道退货服务，例如对于在迪卡侬线上消费的顾客，既可以退货到线上商店也可以到实体店进行退货。跨渠道退货将线上的顾客引流到线下实体店，从而达到吸引客流的目的，同时也能够提升售后服务水平从而提高顾客对品牌的忠诚度和信任度，最终提高企业利润。在双渠道供应链方面，学者们主要研究企业该采取何种定价策略从而降低渠道之间的冲突，最终达到双赢的效果。Chiang 等研究了制造商开通收稿日期：2019-10-02；修订日期：2020-03-22 基金项目：国家自然科学基金资助项目(71901004)；“十三五”时期北京市属高校高水平教师队伍建设支持计划(长城学者)(CIT&TCD20180310) 通讯作者简介：杨浩雄(1974一)，男(汉族)，湖南长沙人，北京工商大学电商与物流学院，教授，博士，研究方向：供应链管理、城市物流，E-mail： yanghaoxiong @126.com. 直销渠道和零售商共存的双渠道模式，在一定情况下二者都能够受益。Li Bo 等2提出当制造商以直销渠道为主，其并不关心渠道公平，反之则必须实现公平。申强等3\]研究了在双渠道模式下由于两个渠道主体质量决策不同而导致的供应链产品质量与价格的市场竞争。Tsay 和 Agrawal4发现在双渠道供应链中制造商对直销渠道的定价合适时，双方都可以获益。 Yao 和 Liu通过建立 Bertrand 和Stackelberg 博弈模型，得出最优定价决策，并分析两种模型下渠道成员的利润。申成然等6认为线上直销会减少线下零售商收益，加剧渠道冲突。徐广业等提出顾客的渠道转换行为会加剧供应链成员的竞争从而降低利润。在顾客行为方面，学者们认为顾客行为是影响供应链决策的关键因素，不同行为对定价策略有着不同的影响。范辰等\[8\]从顾客选择行为和价格竞争角度出发，求出最优定价策略和服务水平。Vos等°研究顾客对线上零售商的信任程度对其购买决定的影响。李锋和魏莹101研究异质消费者行为模式对供应链成员定价策略的影响，证明无视顾客的消费行为会使供应链成员的利润下降。在退货方面，学者们主要研究不同的退货政策对顾客行为以及双渠道供应链定价策略的影响。 Wood研究了零售商退货政策对顾客网络购买行为的影响。Mukhopadhyay Setoputro2认为宽松的退货政策能够提高市场需求，但退货率的上升将增加运营成本。Ferguson 等13\]研究了差异化定价的产品导致顾客退货的行为。申成霖143研究了双渠道供应链中服务条件约束下的最优退货策略。 Anderson 等15\]提出购买和退货决策的结构模型，发现不同客户和类别的退货价值存在差异。曹细玉16研究了部分集中双渠道供应链背景下客户需求和退货价格的关系，证明供应链合作模型不能实现供应链协调。刘咏梅等171从服务水平和退货的角度出发，证明退货率和双渠道定价呈正相关。李兴国和李方纬L18J研究了供应商服务和零售商退货对各自利润以及定价策略的影响。张学龙等L191从消费者行为出发，研究了定价差异和退货率对供应链成员定价和利润的影响。蹇明等L20\]提出退货成本与双渠道成员定价呈正比。目前学者们关于退货策略的研究主要集中于线上渠道，将顾客跨渠道退货因素加入到模型中的研究也较为少见。并且对于考虑退货的双渠道供应链研究主要集中于部分集中双渠道供应链，而水平集中双渠道供应链的研究较少。本文通过建立考虑退货和考虑跨渠道退货策略的双渠道供应链定价决策模型，经理论分析和数值实验对比，分析客户偏好和退货率变化在两种不同的退货策略下对零售商定价和收益的影响。 _2_ 考虑退货的双渠道供应链定价策略研究 2.1 问题描述本文以一个零售商和若干消费者组成零售场景，零售商拥有线上线下两个渠道，线上价格为p。，线下价格为pr。分散决策时，pm为线下渠道领导时的线上价格，p为线下渠道领导时的线下价格，po为线上渠道领导时线上渠道的价格，p为线上渠道领导时的线下价格。商品售出后，顾客可以选择退货，两个渠道都会产生一定的退货率。从而做如下假设： (1)考虑单一的固定商品，商品的销售为单周期。 (2)零售商的风险态度是中性的，并追求利益最大化，顾客是理性的。 (3)顾客对产品不满意可以退货。假设线下退货率为e，线上退货率为入，0≤e<1，0≤x<1，0≤e十入<1。 (4)顾客的退货行为是无理由退货，即不存在缺陷和质量问题，两个渠道提供全额退款服务。 (5)在无理由退货模式下，零售商不承担顾客进行退货时所产生的成本(即邮递费或交通费)，从而两个渠道的退货处理成本相同。零售商单均退货成本为l，l= fc，f为退货成本系数，c为商品批发价：考虑实际情况，商品价值越高，越高。 (6)零售商对顾客退回的商品考虑商品残值s线上线下渠道的商品残值相同。 2.2 函数确立本研究假设需求函数为线性，渠道需求不仅受到本渠道价格影响还受到两渠道交叉价格的影响。令D，为线下渠道需求量， D。为线上渠道需求量。-0为顾客对线下渠道的偏好程度，0为顾客对线上渠道的偏好程度，A为原始总需求量；α为需求对价格的敏感系数，β为交叉价格敏感系数。不同渠道的价格对不同渠道的需求有影响，从而(1-0)A为线下渠道的需求水平，0A为线上渠道的需求水平，两渠道需求函数如下：现实中渠道价格敏感性对渠道需求的影响要大于渠道交叉价格敏感性的影响，所以α>β。零售商同时拥有线上线下两个销售渠道，可将其看成一个整体，收益构成为：(1)线下渠道的销售收益；(2)线上渠道的销售收益；(3)商品残值。成本构成为：(1)退货处理成本；(2)批发成本。令n为总利润，n，为线下利润，n。为线上利润。线下渠道利润函数为：线上渠道利润函数为： 2.3 集中决策双渠道供应链中，渠道竞争主要通过渠道价格进行，但一些零售商会制定统一的价格来解决渠道冲突，从而实现渠道间的协调。因此本节在水平双渠道供应链背景下，研究当零售商使用集中决策来管理企业时，企业的最优定价、利润，以及顾客偏好对定价策略的影响。 *命题1 在集中决策下元是严格关于P，呈现凹性，可得最优统一定价 P\，当P。=P，=P\时，可得各渠道及零售商的最大利润，其中最优价格受到渠道偏好的影响。* 证明：令P。=P，=P，对利润函数求二阶偏导可得：匹=2(3-a)(2-入-e)<0，因此利润函 _aP_ 数为严格凹。对P，求一阶导可得：令其为0，可得最优统一价格为： *当P。=P，=P\时，代人(5)可得零售商的最大利润。将最优定价对顾客偏好求一阶偏导，可得 2(a-D)(2-A二)，如果e>)，最优价格将随0增加而增加，反之将随着0的增加而降低。如果e=入则0对最优价格无影响。从而统一价格的增减取决于e和入。所以当选择定价策略时，关注重点应放在顾客退货上。 2.4 分散决策 2.4.1 线上渠道领导的供应链决策模型在现实生活中相比实体店，网上商店一般对消费者影响更大。在这个博弈中，线下渠道根据线上渠道的最优价格来进行定价，线上根据线下的响应优化其策略，从而达到渠道之间的协调。命题2 线上渠道作为领导者时，可得线上最优价格P\，线下最优价格P\，从而可得各渠道及零售商的最大利润，其中各渠道最优价格受到渠道偏好的影响。证明：线上渠道作为领导者时，元，对P。求二阶偏导，因为 _a元2p2_ \-=-2a(1-e)<0，所以元，是严格关于P呈现凹性，求出n，对P。的一阶偏导： _0元_ \=A(e-1)(0-1)-3(e-1)P。 _aP。_ 令其为0，可得：代入(4)，n。对P，求二阶偏导，可以得出 _2_ _aP_ \=-2a(1-A)+3(1-A)<0，所以元。是严格关于 _Q_ P，呈现凹性的，求出元。对P。的一阶偏导： _2元。_ _0P_ 令其为0，可得：代入(9)中，求出P\。将两个最优价格代入(5)，可得最优利润解。* 将命题2两个最优价格分别对0求一阶偏导 _aP\_ 得 2Aα-AB _aP\_ \> _0.00 40²-23_ _00_ 北动A(-4c+2a3+β)<0。上述关系表明， _8a°一403_ 最优价格随0增加而减少，而线上渠道最优价格随0 的增加而增加，符合实际。 2.4.2 线下渠道领导的供应链决策模型本节描述为线下实体店因其强大的市场力量而成为价格领导者的博弈过程。因此，线上渠道根据实体店的最优价格优化其市场策略，作为追随者。线下根据线上的响应优化其策略，从而达到渠道之间的协调。 *命题3 在线下实体店作为领导者时，可得线下最优价格P\，线上最优价格P\，从而可得各渠道及零售商的最大利润，其中最优价格受到渠道偏好的影响。* 证明：线下实体店为领导者时，n。对P，求二阶a元偏导，因为：=-2a(1-))<0，所以元。是严格关 _aP_ 于P。呈现凹性，然后求元，对P。的一阶偏导： *_2_ T。=(1-A)(A0+BP) _aP._ +a(c+h+2P(入-1)一入s) (12)令其为0，可得： _P\(P)二_ 0A(1-))+BP(1-))-a(A(s-l)-c)113)2α(1一入) 代人(3)，元，对P求二阶偏导，得出 _apP_ 三** \-2a(1-)+8(1-e)<0，所以元，是严格关于P 为0可得出最优价格P\： _C_ 呈现凹性的，然后求n，对P，的一阶偏导(14)，令其* 0元， \_a(e-1)(2A(0-1)(A-1)+p(c+)(l-s)))+2a(-1)(c-2Pw+e(1+2Pw-s)) (15) *代入(13)中，求出P\。将两个最优价格代入(5)，可得最优利润解。将命题3两个最优价格分别对0求一阶偏导，** 得 _aP\* A(_ 4a么-2oB-B)>0， _aP\00_ 80一 _4a3_ _00_ A(3-2a)≤0。上述关系表明，线下实体店的最优 _40-28_ 价格将随着0的增加而减少，而线上商店的最优价格将随着0的增加而增加。与线上作为领导者相比， _aP\aPaP\_ 一厂。追随者的定价策略 _00 000 00 00_ 总是比领导者的定价策略受到的影响小，显示了领导者对跟随者的控制程度。 3 考虑跨渠道退货的双渠道供应链定价策略研究* 3.1 问题描述本节考虑供应链提供跨渠道退货服务，线下顾客购买商品后能到线下实体店退货，而线上顾客购买商品后如果要退货，既可以通过物流快递方式进行退货，也可以到线下实体店进行退货。从而做如下假设： (1)考虑单一的固定商品，商品的销售为单周期。 (2)零售商的风险态度是中性的，并追求利益最大化，顾客是理性的。 (3)顾客对产品不满意可以退货。假设线下退货率为e，线上退货率为入2，线上渠道跨渠道退货到线下实体店的退货率为8，且0≤e<1，0≤入2<1，0≤8<1，0≤e+入2+8<1。 (4)顾客的退货行为是无理由退货，即不存在缺陷和质量问题，两个渠道提供全额退款服务。 (5)在无理由退货模式下，零售商不承担顾客进行退货时所产生的成本(即邮递费或交通费)，从而两个渠道的退货处理成本相同。零售商单均退货成本为l，l= fc，f为退货成本系数，c为商品批发价，考虑实际情况，商品价值越高，越高。 (6)零售商对顾客退回的商品考虑商品残值s，线上线下渠道的商品残值相同。 (7)零售商为顾客提供跨渠道退货服务，v为零售商向顾客提供的跨渠道退货服务水平。k 为顾客对此项服务水平的认可程度(敏感程度)，服务成本为 _\-hu。_ (8)分散决策下，提供跨渠道退货服务时，线下商店需要退还给线上商店跨渠道退货产品的部分价值额度。用c表示，且c≤s-l。 3.2 函数建立考虑到k(顾客对跨渠道服务的认可程度)和v(零售商对跨渠道退货的服务水平)，两渠道需求函数如下：一般来说渠道的交叉价格敏感性对渠道需求的影响小于渠道的价格敏感性对此渠道的影响，所以在零售商提供跨渠道退货服务的情况下，收益构成不变，成本构成有适当的调整：(1)退货处理成本；(2)批发成本。(3)跨渠道退货服务成本。因此线下渠道利润函数为：线上渠道利润函数为：零售商总利润函数为： 3.3 集中决策在引入跨渠道退货服务后，采用集中决策的零售商会制定统一的价格来解决渠道冲突，从而实现渠道间的协调。因此本节在提供跨渠道退货服务的双渠道供应链背景下，研究当零售商使用集中决策来管理企业时，企业的最优定价、利润，以及顾客偏好对定价策略的影响。 *命题4 在统一定价策略下，n是严格关于P，呈现凹性。同时可得出最优统一定价P\，当P。=P，=P\时，可得各渠道及零售商的最大利润，其中最优价格受到渠道偏好的影响。* *证明：令P.=P，=P，，对元求二阶偏导可得 _a元_ \==2((-a)(2-入2-8-e) _aP_ <0，因此利润函数为严格凹。对P，求一阶导(21)，令其为0，可得最优统一价格P\： _0元一=_ \=(e-1)(A(0-1)+(a-B)P) 当P。=P，=P\时，代人(20)可得零售商的最大利润。* *_aP\_ 将最优定价对顾客偏好求偏导，可得 _一00_ 2(04一)28-)，如果e>儿+8最优价格将随0增加而增加，反之将随着0增加而降低。如果e=入2+8则0对最优价格无影响。从而统一价格的增减取决于e、72和8.所以当选择定价策略时，关注重点应放在顾客退货上。 3.4 分散决策分散情况下，双方作为博弈者，在跨渠道退货服务下，线下实体店接收到跨渠道退货的商品时，需要向线上渠道返还一部分商品收益，但返还的金额要 0元。\_a(8+入2-1)((c+e(l-s))-2(e-1)ku) 小于等于商品残值与退货处理成本的差值，这样线下实体店才会获益，才会和线上渠道进行跨渠道退货合作。在分散决策下线下渠道利润函数为：线上渠道利润函数为： 3.4.1 线上渠道领导的供应链决策模型在现实生活中相比实体店，网上商店一般对消费者影响更大。在这个博弈中，线下渠道根据线上渠道的最优价格来进行定价，线上根据线下的响应优化其策略，从而达到渠道之间的协调。命题5 线上渠道作为领导者时，可得线上最优价格P\：线下最优价格P\，从而可得各渠道及零售商的最大利润，其中各渠道最优价格受到渠道偏好的影响。证明：线上渠道作为领导者时，n，对P。求二阶偏 _元，_ 导，因为=-2a(1-e)<0 _aP2_ ，所以元，是严格关于P，呈现凹性，求出元，对P。的一阶偏导(25)，令其为0，可得P\：* 代 _a元_ 入(24)，元。对P。求二阶偏导，得出 _aP_ *2a(1-A)+B(1-A)<0，所以z。是严格关于 _Q_ 呈现凹性的，求出n。对P。的一阶偏导(27)，令其为0，可得P\： _(27)_ 再代人(26)中，求出P\。将两个最优价格分别代入(23)、(24)，可得两个渠道最优利润解。* 将命题5中两个渠道的最优价格分别对0求其一阶偏导，可以得到30 _一-_ 2Aa-A3>0， _aP二2α一β_ 2 _00_ A(-4o+2o3+p)<0。上述关系表明，线下渠道 _8α-403_ 最优价格随0增加而减少，而线上渠道最优价格随0的增加而增加，符合实际。 3.4.2 线下渠道领导的供应链决策模型本节描述为线下实体店因其强大的市场力量而成为价格领导者的博弈过程。因此，线上渠道根据实体店的最优价格优化其市场策略，作为追随者。线下根据线上的响应优化其策略，从而达到渠道之间的协调。 *命题6 在线下实体店作为领导者时，可得线下最优价格P\，线上最优价格P\，从而可得各渠道及零售商的最大利润利润，其中各渠道最优价格* 受到渠道偏好的影响。证明：线下实体店为领导者时，n。对P，求二阶偏导，因为 _a元。_ 一=-2α(1-))<0，所以元。是严格关 _aP_ 于P，呈现凹性，求元，对P。的一阶偏导：令其为0，可得：代入(23)，n，对P，求二阶偏导，得出 _a元L，r_ _aP_ 2a(1-A)+g(1-e)<0，所以元，是严格关于P， _Q_ 呈现凹性的，求元，对P的一阶偏导，令其为0，可 _得P\：_ (4伙-28)(1-e)(1-入2-8)* 十(2a(1-e)(1-0)A+(B-2a)(e(s-l)-c)+aod(s-l-cj))(1-)2-8) (4a-28)(1-e)(1-A2-8) *再代人(30)中，求出P\。将两个最优价格分别代入(23)、(24)，可得两个渠道最优利润解。将(30)、(32)两渠道最优价格分别对0求一阶偏导，可以得到品\_A(4c-2oB-p)0. _8a-4α3aP\中二_ \-2Ax+8<0.上述关系表明，线下渠道最 _00 40-23_ 优价格随增加而减少，而线上渠道最优价格随的增加而增加，符合实际。与线上作为领导者相比， _aP\_ 3P品3。。追随者的定价策略总 _0000 00 00_ 是比领导者的定价策略受到的影响小，显示了领导者对跟随者的控制程度。 _4_ 算例分析通过企业调研本研究主要针对服装鞋类产品进行仿真实验研究，仿真数据是根据企业调研抽象出来的处理数据，假设A=10000，α=10，3=5，e= 0.2，入=0.3，入2=0.2，8=0.1，s=350，f=0.2. c=300，k=100，v=0.5，cj=250。 4.1 集中决策与分散决策的利润比较如图1所示，M1代表集中决策下零售商的总利润，M2代表分散决策下线上渠道作为领导者时零售商的总利润，M3代表分散决策下线下渠道作为领导者时零售商的总利润。可以看出，当退货率一定时，随着线上渠道偏好程度的增加，集中决策下零售商的利润逐渐降低。并且当某一渠道顾客偏好程度较高时，分散决策下零售商的利润要高于集中决策。这是因为分散决策下，偏好程度高的渠道可以通过提高价格来发挥渠道优势，从而提高自身利润，而偏好程度低的渠道则会降低自身价格，通过价格优势获得更高的需求量来增加自身利润，两渠道均可以发挥自身优势从而扩大利润，最终达到渠道间的协调。如图2所示，其中N1代表集中决策下的总利结论一：当顾客对某一渠道偏好程度高时，分散决策为零售商带来的利润要更高，并且分散决策与集中决策的利润差随着该渠道退货率的增加会进一步扩大，此时零售商应该鼓励线上线下两个渠道竞争而不是集中决策统一定价。当零售商采用集中决策时，线上线下制定统一的价格能够减少一定的渠道冲突，但这样，会失去供应链机制的灵活性。分散决策下，渠道间在进行协调的过程中，能够更好的发挥各渠道的优势，从而能够扩大零售商的整体利润。图1 顾客偏好对零售商总利润的影响润与线上渠道作为领导者时分散决策的总利润的差值，N2代表集中决策下的总利润与线下渠道作为领导者时分散决策的总利润的差值。当顾客对某一渠道偏好程度高时，随着该渠道退货率的增大，分散决策与集中决策的利润差也逐渐扩大。可以看出，当消费者对某一渠道的偏好并且该渠道上的退货率足够高时，分散决策总体供应链绩效要优于集中决策。结论二：退货率越大，零售商的总利润越低。这是因为退货率会增加零售商的退货处理成本，减少销量，造成零售商的整体利润下降。分散决策下当退货率较高时，顾客偏好较高的渠道作为领导者能够为零售商带来更大的利润。这是因为追随者的策略需要根据领导者的策略来进行调整，而当领导者处于顾客偏好较高的渠道时，可以充分的发挥渠道优势，从而获得更高的利润，而不是作为追随者被动的进行调整。可以看出，当顾客偏好较高的渠道作为领导者时，更有利于渠道间的协调以及零售商利润的提升。图2 集中与分散决策下的总利润比较 4.2 跨渠道退货服务下的定价决策分析如图3所示，其中P代表线下渠道作为领导者时的线下最优价格，P。代表线下渠道作为领导者时的线上最优价格，P。代表线上渠道作为领导者时的线上最优价格，P。代表线上渠道作为领导者时的线下最优价格，可以看出，随着退货率的增加，线上线下渠道的价格都会增加，并且当某一渠道退货率提高时，该渠道相比于另一渠道的价格增长幅度更高。结论三：在分散决策下，随着退货率的增加，线上线下渠道的价格都会增加。这是因为当某一渠道的退货率提高时，该渠道的退货处理成本也会随之提高，此时通过降价来提高需求量并不能达到增长利润的效果，从而迫使该渠道提高价格，以减少退货率带来的负面影响。于此同时，因为价格的提高，该渠道的部分销量会转移到另一渠道，而另一渠道则会提高价格，以从市场中获取更多利润，进而在提高零售商整体利润的同时达到渠道间的协调。 4.3 跨渠道退货策略和普通退货策略下的利润比较两种策略理论对比情况如图4所示。其中，M表示有跨渠道退货时线上商店领导时的供应链总利润，M2表示有跨渠道退货时线下实体店领导时的供 750 _×105_ 线上高顾客偏好时 750 ×105 线下高顾客偏好时图3 跨渠道退货服务下的分散决策定价决策分析应链总利润，M3 表示没有跨渠道退货服务时线上商店领导时的总利润，M4表示没有跨渠道退货时线下实体店领导时的总利润。根据仿真图我们可以看到，对于一般服装类产品，提供跨渠道退货服务时候的零售商总利润要大于没有提供跨渠道退货服务时候的零售商总利润。结论四：对于一般服装类产品，提供跨渠道退货服务的零售商总利润要大于没有提供跨渠道退货服务时候的零售商总利润。这是因为，零售商提供跨渠道退货服务，会增加零售商的客户需求量，增加销售额，虽然需要投入一定的服务成本，但是投入获得的收益要大于企业所投入的成本。 4.4 跨渠道退货服务水平变化和商品价值变化对利润的影响仿真结果如图5所示。随着跨渠道退货服务水平的提高，零售商的利润呈现略微下降趋势，随着商品价值的增加，零售商的利润是逐渐升高的。结论五：在跨渠道退货模式下，随着跨渠道退货服务水平的提高，零售商的利润呈现略微下降趋势，因为服务水平越高，所需要投入的服务成本就越高。随着商品价值的增加，零售商的利润是逐渐升高的，而且在一定情况下对跨渠道退货服务的投入可以增加零售商的利润，但是这种投入要有度可循，要控制在合理的区间，以保证零售商利润的增加。图4 跨渠道退货策略和普通退货策略下的零售商利润比较图5 跨渠道退货服务水平变化和商品价值变化对利润的影响 5 结语本文以零售商线上线下销售和消费者退货并存的双渠道供应链为背景，首先构建考虑退货的双渠道供应链定价模型，其次建立考虑跨渠道退货策略的双渠道供应链定价决策模型，通过理论分析和数值实验对比，得出以下结论： (1)零售商应制定合理的定价策略，保障利润最大化。零售商渠道的最优价格设定应与顾客对该渠道的偏好程度或退货率成正比，从而在进行渠道协调的过程中，能够更好的发挥渠道优势，并减少退货率带来的负面影响，进而扩大零售商的整体利润。 (2)根据市场情况，制定合理的渠道竞争策略。针对本文的仿真研究结果可知，当顾客对某一渠道偏好程度高时，分散决策下的利润要高于集中决策，并且随着该渠道退货率的提高，这种利润差距会进一步扩大，因此零售商应该实施分散决策的渠道策略，鼓励线上线下两个渠道进行竞争，从而获得更大的收益。 (3)提高客户服务水平，加强质量管理，降低顾客退货率。从仿真结果可以看出，随着顾客退回率的增大，零售商的利润呈现下降趋势。所以零售商要弄清消费者退货的真正原因，对症下药，减少退货情况的发生。企业应该严格把控商品质量，减少因商品质量造成的退货行为，提高顾客服务水平，为消费者提供针对性的推荐和服务，保证顾客商品选择的满意度。 (4)制定合理的退货策略，保证消费者效用，提高企业收益。通过仿真结果可以看到，针对一般服装类产品，提供跨渠道退货服务时候的零售商总利润要更高。当零售商所销售的产品价值较高时，跨渠道退货服务成本是值得投入的，所带来的企业效益是要大于服务投入的。对于商品价值较低的企业不建议开通跨渠道退货服务，因为会降低企业收益。跨渠道服务水平的投入在一定条件下会增加零售商的收益，但是这种投入需要控制在合理的水平上，要保持服务与客户回报的正相关关系。参考文献： \[1\] Chiang W Y K， Chhajed D， Hess J D. 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Operations Research and Management Science， 2015，24(3)：79一87. \[18\]李兴国，李方纬.考虑供应商服务与零售商退货的定价博弈分析\[J\].数学的实践与认识，2017，47(8)：19一25. Li Xingguo， Li Fangwei. Pricing game analysis with vendor service and retailer return JJ. Mathematics in Practice and Theory， 2017， 47(8)：19-25. \[19\]张学龙，吴豆豆，王军进，等.考虑退货风险的制造商双渠道供应链定价决策研究\[J\].中国管理科学，2018，26(3)：59一70. Zhang Xuelong， Wu Doudou， Wang Junjin， et al. Re-search on the pricing decision of manufacturer dual一channel supply chain considering return risk\[J\]. Chi-nese Journal of Management Science， 2018，26(3)：59一70. \[20\]蹇明，宋璇，杨钟.基于消费者时间敏感与退货的双渠道决策研究\[J\].交通运输工程与信息学报，2019，17(1)：5一12. Jian Ming， Song Xuan， Yang Zhong. Dual -channel decision based on time sensitivity and consumer returns \_ JJ. Journal of Transportation Engineering and Infor-mation， 2019，17(1)：5一12. Optimal Strategy of Dual-channel Supply Chain Considering Cross-Channel Returns YANG Hao-xiong'， GU Zi-yue， WANG Hao， ZHAO Chuan (1. School of E-commerce and Logistics， Beijing Technology and Business University， Beijing 100048， China；中国管理科学 2\. SF Express， Beijing 101316， China； 3\. China Mobile Xiongan Information and Communication Technology Corporation， Beijing 100088， China) Abstract： Cross-channel returns have appeared in the public view， and cross-channel returns services have been started to provide by some companies. For consumers who consume online， if they are not satis fied with the product， they can voluntarily return to the line within the prescribed time go to the store or go to the offline physical store to make a return. The purpose is to improve the level of after-sales service to consumers in order to increase consumer brand loyalty and thereby increase corporate profits. However retailers will invest a certain amount of service costs， as well as the integration and communication costs of the two channels. These objective facts are the key factors that influence the retailer’s decision. Therefore a dual- channel supply chain pricing model are constructed based on the dual- channel supply chain in which retailers online and offline sales coexist with consumers’return. Considering the impact of different customer preferences and different return rates under centralized decision-making and decentralized deci-sion-making， the retailer's optimal pricing strategy is made and retailer total profit changes are found. Then the impact of changes in customer preferences and retailer returns on pricing and profit are analyzed， and the conclusion are verified by numerical examples. The results show that the optimal price setting of the retailer channel is in direct proportion to the customer’s preference for the channel， and is also in direct proportion to the return rate. When customers on a particular channel preference degree is high， the profit under decentralized decision-making is higher than centralized decision-making， and with the improve-ment of the channel return rate， the profit gap will further expand. To gain more benefits， decentralized decision-making channel strategy should be adopted by retailer and the competition between online as well as offline should be encouraged. And it can be seen from the simulation results that for general apparel products， retailers offering cross-channel return service have higher total profits. Cross-channel service level input will increase the revenue of retailers under certain conditions， but such input should be con-trolled at a reasonable level and the positive correlation between service and customer return should be maintained. Key words： dual-channel supply chain； cross-channel returns； pricing strategy； return policy； Stackel-berge game**	__label__neg	null	null	null	null	null
zh	N/A	N/A	锡剧传统戏剧本研究何沈超 (江苏师范大学文学院，江苏徐州221116) 【摘要】锡剧是常州、无锡一带重要的地方戏，它的不少传统戏不仅受观众喜爱久演不衰，而且还保留了诸多表演特色，能在一定程度上反映锡剧原始演出面貌，众多学者们也将其作为研究对象。笔者尝试从锡剧传统戏剧本的角度切入，将锡剧传统戏剧本中由艺人直接口述记载的剧本，与在其基础上整理改编而来的整理本作比较，从分出与标目、开篇、自报家门、舞台提示、唱段与念白五个方面，重点总结它们的差异之处，并且分析其中的原因。【关键词】锡剧；剧本；传统戏中图分类号： J825 文献标志码A 文章编号1007-0125(2021)15-0027-04 一、选本简介剧本可以提供诸多关于戏曲的信息，，一方面它最大限度地向读者展现了一部戏的全部唱念内容，另一方面它还可以提供戏中涉及的曲调、程式动作、角色行当等信息。随着战争的擢残、艺人的逝去，锡剧传统戏的原始表演面貌现代人已经很难看见，但其能在剧本上得到一定的反映。锡剧传统戏的剧本大致可以分两种，其一是口述本，它是对艺人记忆中剧本的直接记录，最大特点是不加以修改润色。口述本主要是上世纪五十年代起，在传统戏挖掘整理的工作中，工作人员用以内部交流的剧本。整理本则是将口述本整理、改编、润色后的剧本，它面向大众且与锡剧传统戏的现代表演最为接近。整理本笔者主要选取《江苏民间戏剧丛书》，一方面该系列丛书的成书时间较早，在1954年至1957年间，是首批整理面世的锡剧传统戏剧本，另一方面其中各个剧本都是锡剧界的名家执笔，剧本中的唱词、念白、故事内容即使在二十一世纪的今天也未有巨大改动，可见其影响之大。口述本笔者选取两种：其一是《锡剧庵堂相会等十六种》 (下文简称《锡剧十六种》)，该书于1957年成书，属江苏省剧目工作室的内部参考资料，未正式出版。前言中特别说明“除了明显的错别字外，我们对这些本子未作任何改动；只是对某些过分秽亵的字句作了一些删节，删节处注明删去的字数”D，剧本口述者王嘉大等人都是早期锡剧界的泰斗。其二是《传统剧目汇编锡剧》系列丛书，共两本，分别于1959年、1962年成书，是面世的出版物，该书也进行了删节但未标明删节之处。该系列的第一、二两集收录的11个锡剧传统戏，是锡剧历史上的经典剧目。二、分出与标目口述本与整理本中，对子戏不分出，大同场戏必分出。小同场戏口述本不分出，整理本两种情况兼有，如《打面缸》分出，《水泼大红袍》不分出。锡剧传统戏分出的起始时间现在已经很难考证，但锡剧进人大同场戏后实行过“幕表制”，该制度一直持续到新中国建立后才被“导演制”取代。而锡剧传统戏的大同场戏时代也是“幕表戏”大量出现的时代。幕表是一部戏的提纲，包含了分场情况、角色分配、大概情节等内容，由此可见幕表戏是分出的。 “到了1927年后的常锡文戏时期，由于后台机构扩大了，人手增加了，剧情复杂了，布景多了，为减少后台的混乱，才逐渐产生了幕表”必。这是当时锡剧分出的主要原因，究其根本还是戏曲所演故事情节变得复杂了。锡剧传统戏的发展脉络可以印证这点，锡剧传统戏故事情节的复杂程度，是从对子戏向小同场戏、大同场戏逐渐提升的。因为对子戏、小同场戏大都是讲述农村日常生活的故事，而大同场戏的故事则从民间传说、长篇小说或者其他剧种、曲艺中的长篇故事取材。此外，有些戏最初是对子戏不分出，成为故事曲折的大同场戏后就分出了。以《庵堂相会》为例，“全剧共由《搀桥·庙会》、《盘夫·认夫》、《《红云送银》、《火烧梧桐》、(《坟堂失窃》、《《大公堂》等段子构成，此谓6‘-大庵堂’’......《搀桥·庙会》、 _、_ 《《盘夫·认夫》两段，俗称‘小庵堂’”日。考略中所说的“分段”并非是指分场，而是对某些经典段落的俗称。 “小庵堂”主要讲述的是金秀英和陈宰庭相伴到庙中烧香的故事，它属于对子戏，口述本、整理本中都是不分出的。《传统剧目汇编锡剧第一集》的《庵堂相会》属于“大庵堂”，出场人物有21个之多，有丫鬟家丁、县官中军等，而且身份不局限于农村青年，地主、基金项目：江苏省研究生科研与实践创新计划项目“锡剧艺人口述史——锡剧剧目现状与问题研究”，项目编号：KYCX20\_2434 作者简介：何沈超(1995-)，男，汉族，江苏无锡人，江苏师范大学文学院，戏剧与影视学，研究生，研究方向：戏剧戏曲。官员也纷纷登场。该戏被分为二十场，故事中男女主人公在相恋的过程中，不仅遇到了原来的封建家长的阻碍，还受到公堂诬判、牢狱之灾等，最后清廉的巡抚主持正义，这与锡剧大同场戏的才子佳人相差无几。对子戏不分出，自然只有戏名没有标目，7《庵堂相会》是在它成长为大同场戏之后，才进行了分出标目。一般而言，大同场戏都有标目，小同场戏分场但没有标目。以《打面缸》为例，全戏共分两场，每场都没有标目。标目的一般形式是字数相同的小标题，内容是本出的剧情概要。小同场戏大部分仍在讲述农村故事，情节简单且类似，即使有标目也会与其他戏高度雷同。大同场戏则不然，一方面很多戏有独特的线索物品贯穿全戏，另一方面场景丰富，标目一般不会与其他戏重合。如整理本《双珠凤》，饰品双珠凤是全戏的线索物品，标目“拾凤”、“思凤”就是围绕它命名的。该戏还有比较特别的场景，如口“焚楼”，是女主角用焚毁堂楼的方式外逃，这些情节在其他戏中不多见，即使标目只有简单两字也很难与其他戏重合。三、开篇 “开篇”在锡剧传统戏中有两层意思，一是戏曲开场演唱的一部分，所以艺人常说“唱开篇”；二是一种曲调的名称，专用于开场演唱，如“簧调开篇”，它是“【簧调】慢板的一种形式，锡剧早期‘对子戏'时期，主角登场，先唱四句闲词，配合亮相、走四角，【开篇】起定场诗作用”白。内容方面，锡剧传统戏的开篇一般是两句或四句，少数唱一句但会补充一句自报姓名的句子。如口述本《拔兰花》开篇为“春二三月草报芽。旁边走出我蔡旭斋”@，《小寡妇果米》为“梧桐叶落满地铺。香房独坐我小寡妇”@。锡剧开篇的定场诗，或引用，或化用古诗，有的则是艺人创作的，但总以七言诗居多。锡剧开篇后一般会有标志性的语句如“四句闲文都抛撇”、、“开篇四句未算数”等，用以交代开篇结束。锡剧传统戏唱开篇的习惯是受曲艺影响形成的，李祺先生认为“宜卷开场都要来几句定场诗和身份的介绍，这些都被同场戏采用了。小同场戏开始就是用宜卷上的故事编成剧目进行演出”@。他从锡剧传统戏剧目的来源出发，分析出锡剧不少戏都是改编自宜卷，由此推断锡剧开篇是受宣卷的影响。事实上，锡剧最初的从业艺人本就有着唱宜卷的经历，如王嘉大“念过书，会宣卷，在乡时左邻右村少不了总请他去宜卷，因此家里藏着几本卷书，他就赶回家来拿去五本卷，把它改成滩簧演出”色。这些艺人改唱“滩簧”后，带人宜卷定场诗的表演形式就不足为奇了。口述本《锡剧十六种》中的16个戏都是有开篇的《传统剧目汇编锡剧》的第二集中有2个戏没有开篇，《陆雅臣》人物上场直接自报家门，《蓝衫记》人物出场只念不唱，其余都有开篇。整理本则不然，开篇时有时无，如《庵堂相会》有开篇，《摘石榴》无开篇。从口述本来看，锡剧传统戏最初表演虽不能断定必有开篇，但至少艺人们绝大多数有唱开篇的习惯。从整理本来看，唱开篇的习惯已经发生了改变。造成这种情况的原因有如下几个：首先，戏曲演出环境大大改善，开篇的定场作用被弱化。锡剧传统戏在大同场戏中后期才进人正式的剧场，早期表演要么在田间地头、街头巷尾，要么在一些茶馆、酒楼，观众也并非一心看戏，或是路过或是吃喝闲聊，表演会因嘈杂的演出环境而大打折扣。 “在这个小小的天地里，一方面是艺人在献艺， ‘台中凑伎出优孟’，另一方面是酒保在穿行， ‘送珍行酒佣保忙’，而观众同时也兼了酒客的身份，，一边看戏，一边‘座上击碟催壶筋’，这样的剧场状况势必会影响演员演戏、观众看戏的效果” 遇艺人们必须给观众一个开场的信号，引起观众注意，一定程度上降低表演环境带来的不利影响。而现代演出多在剧院，地点、时间都会提前通知。观众也是以听戏为主要目的，一般都会保持安静，专注听戏。其次，出场的角色发生了变化。口述本一定是主角唱开篇，紧接着是主角自报家门。整理本中的一些小同场戏和大同场戏，首先出场的人物不再是主角而是一些次要人物，如整理本的小同场戏《借黄糠》@，作为次要人物的男仆、女婢先上场了。最后，一些改编后的戏虽然不再唱原始的开篇，但有了更多样的开场方式作为替代。如上文提到的整理本《借黄糠》，开场由两人对唱。再如大同场戏《双珠凤》，开场是“合唱一：：二月十九拜观音，问心庵内闹盈盈；载歌载舞度佳节，年年今日乐青春”的，用了幕后合唱的方式唱定场诗。四、自报家门口述本的戏都是主角登场自报家门，而整理本大部分与口述本情况相同，极少数是配角先上场，如上文提到的《借黄糠》。一般而言，对子戏中自报家门的篇幅最长，小同场戏次之，大同场戏最短。另外，同种体制的戏，较之整理本，口述本自报家门篇幅更长、信息量更大。口述本《传统剧目汇编锡剧第一集》的《庵堂相会》中的“小庵堂”，金秀英开场连唱84句，陈宰庭上场连唱123句。整理本的《庵堂相会》也是：“小庵堂”，但二者的开场分别只唱了48句、14句。造成这样的原因有二，一方面大段的自报家门可以有效拉长演出时间，因此越是小戏，自报家门内容越多。以口述本的“小庵堂”为例，陈宰庭大段的自报家门构成如下：其一细数从祖辈至父母的家庭成员，其二自身名字、婚配、上学等情况，其三大段咒骂岳父黑心，其四今日出行的原因，其五对与金秀英相遇地木桥的环境描述。而整理本的开场中自报家门的内容只有“蚕豆花开黑良心，好像我岳父金学文，恨不得摘下它头来拔去它根， (略停)想想对不起种豆人。【行路调】祭罢祖坟回庵门，只见桥境站一人，不上不下身不动，挡住去路为何情?”内容构成只有骂岳父、遇秀英。陈宰庭的姓名、出身等基本内容在前面金秀英的自报家门中已经交代清楚，所以在他提到金学文是自己岳父时观众就知晓他的身份了，此外口述本中大段家室描述、咒骂岳父的内容被删去。可见作者在改编时力求简洁，原始表演中的自报家门确实存在不惜用次要词句充塞戏曲内容以拉长演出时间的缺陷。另一方面，对子戏一类小戏，往往只展现故事中的一两个画面，但是要观众了解故事的来龙去脉，为保证故事的完整性，所以把正戏不能体现的信息在自报家门中交代清楚，自报家门一般有角色的信息、故事发生背景、人物后续行动的提示三大内容。仍以“小庵堂”为例，它涉及的人物除了男女主角外，实际上还有金秀英的丫鬟、父亲，但由于是对子戏，故表演时只有男女主角二人登场。可两人偷偷庙会的原因是家长阻挠，得以庙会的关键是红云通风报信。在对子戏中这部分内容难以表现，若缺少又会使故事情节难以理解，，于是就得在二人的自报家门中向观众交代明白，自报家门就起到补充剧情的作用。五、舞台提示 “戏剧要在有限的时间内，有限的场景中，集中地表现出一段完整的情节和人物的活动，这主要依赖于人物的语言和动作来展示…….剧本中必须将这些叙述语言用另一种有别于台词的形式来表现，这些不要求在演出时说出的文字说明部分，叫舞台说明，也叫舞台提示”。@舞台提示既是剧本也是表演的一部分，锡剧传统戏剧本的舞台提示有如下几种：人物提示区分各演员表演内容；唱念提示区分表演形式；动作提示提醒演员做、打；心理提示辅助演员理解人物内心；上下场提示调度舞台场面；曲调提示使演员找到唱词对应的曲调。整理本中舞台提示数量较多且都比较详细。以整理本《庵堂相会》为例，虽然该戏是典型小戏篇幅短小，但舞台提示却极为详尽，除了最常见的唱念分开、人物分明外，每个唱段都标注了曲调，甚至同一段落内曲调转换都会有详细标注。如“金(唱) 【开篇倒板】今日清明雨初晴，【转行路调】草上水珠湿衣裙”函。其余还有像“(陈上)”的人物上下场提示， “(摇手介)”暗示演员应用戏曲中的程式动作， “(欲认又止)”提醒演员注意人物的情态心理。口述本则不然，提示的数量极少而且简略。以《锡剧十六种》的《庵堂相会》为例，该戏中最多的舞台提示是唱念的分开如“(英白)、 (庭唱)”，全戏每个唱段前不标曲调相关的提示，只有用板变化为“(快板)”提示2次，曲调变换为“(庭哭调)”提示2次， “(庭唱长送)、((三角板)、(簧调)”分别提示1次。除此之外，动作、心理、上下场等提示都没有。舞台提示标注差距如此之大，其中原因至少有如下几个：其一，早期的锡剧表演水平有限，曲调、程式都尚在发展中。就曲调而言，整理本的“大陆调”、 “玲玲调”是大同场戏时期改编其他剧种而来的，口述本中的“哭调”、“长送”现在被归人第四类杂调。此外同一曲调在各个时期的发展也是不同的，例如口述本中提到的“簧调”，它虽是最早的基本曲调，但经过发展后原先的调式被重新命名为“老簧调”，归人“簧调”这一大的基本曲调之内。其二，口述本的舞台提示少恰恰说明了早期表演的高度自由。锡剧传统戏早期演无定本，并非简单的唱词念白内容不定，表演所用的曲调、程式动作等都有不定性，每个艺人都有自己的表演特点。其三，有些所谓的舞台提示已成惯例。口述本虽是对艺人记忆的直接记录，但受口述者影响大，有些舞台提示在艺人们看来已成定例，在口述时往往不会特别提出。如开场的唱开篇，锡剧传统戏早期表演喜欢用“簧调”以唱的方式表演开篇，有“簧调开篇”的习惯，但《锡剧十六种》、《传统剧目汇编锡剧》中没有一部戏标明用簧调，在《锡剧十六种》里甚至只有极少数戏会在开篇部分注明“唱”。此外，早期锡剧开场还有特定的动作与方式， “首先在出场方面，总是女角先出场。出场时，先是背向着观众，待头四句开篇的第一句唱到第四个字时，才转过身来对观众亮相。亮相时，用右脚踩破一片瓦，这样表示演员不坏嗓子，场子不出事故。唱第二句时，即小步扭向斜角方向的台口，唱第三句时，再换一个位置到另一个台口，第四句唱完时，方回到台中央。介绍自己的姓名、身世，(自报家门)之后下场”。这些舞台提示在艺人们心里已经是“规矩”一般的存在，因此口述时不会过多强调。六、唱段与念白口述本与整理本的唱词、念白既有差异又有联系，，一方面整理本删除了口述本中的大量内容，另一方面整理本截取了口述本中的内容并加以打磨润色，这使得原来传统戏情节松散、粗糙的缺点得到了极大的改善。被整理本删除的内容主要有两种，一种是口述本中关于赤裸性描写的秽亵内容，最初是某些艺人为迎合部分观众的口味而加人的，主要起招揽观众的作用。另一种是口述本中累赘的唱词、念白。口述本中的长篇唱词，除了上文提到的自报家门部分外，在剧中也常有出现，以叙述性的观光内容、长赋子为主。《锡剧十六种》的《徐老增出灯》一戏中，徐老增演唱了2100多字的灯赋用以描绘他所见到的各种灯，《传统剧目汇编锡剧第二集》中的《盘陀山烧香》一戏，单宝林用了620字讲述自己拜佛烧香的经历。大篇幅的唱段、念白主要是为了充塞演出内容，延长表演时间。早期艺人以农民为主，有读书识字经历的不多，他们从自己的日常生活中取材编戏，因此对子戏、小同场戏有情节粗糙、松散的不足。艺人们或是插人游离情节之外的插科打译，或是直接套用现成的赋子，以充塞戏曲内容。此外，加人能够体现艺人演唱技巧的唱段，也可以起到吸引观众的作用。以《朱小天》为例，该戏有“十八着”的唱词： “第一着一个铜板变两个，第二着两个变四个，第三着四个变十六个……”像这样连续唱到第十八着，既考验艺人的记忆，又考验演唱水平，需要吐字清晰而且唱腔旋律有所变化。这些长篇唱段虽能展现艺人的表演功力，但大都以“长”、炫技为卖点，其实唱段本身内容与剧情契合度不高。尤其对于一些本就情节简单的生活小戏来说，不少游离情节之外的长篇唱段并没有起到服务剧情的作用，反而使得整部戏剧情拖沓。整理本虽然对口述本进行了大量的删节，但仍然有不少内容是汲取了口述本的营养。一方面整理本会着力改编口述本的故事情节，如《小寡妇果米》、《磨豆腐》两戏男女调情的秽亵内容较多，情节都是男女主角相会后开始大段的调笑。将二者融合改编后的《双推磨》虽仍是小戏面貌，但有了打水偶遇、磨豆腐、互诉遭遇等层次分明、环环相扣的递进情节，即使磨豆腐一个情节也分了牵磨、煮豆浆、压豆腐等多个片段，生活气息沐厚。并且该戏体现了劳动人民互帮互助的人道主义精神，最后主题也上升到批判讽刺地主阶级。另一方面，整理本会在口述本累赘的唱词中提取精彩部分，将其改编得更加符合剧情、有助于人物抒情，以王汉清先生代表作《珍珠塔》的《关皇庙》一折为例，这里的唱词就得益于锡剧传统戏常用的赋子《破庙赋》，该赋子罗列了破庙内外的众多破败物件，但描绘的用语都不详细，以描绘关羽像的一段为例： “关老爷，头上缺少将军帽，身上缺少绿龙袍，脚上缺少虎头靴，腰中缺少玉骨条。关平手中缺金印，周仓手中缺大刀”\，对每个物件的描绘仅有一两句话，用了观光戏介绍沿途见闻的手法。但此段在戏中表现的是落难方卿遭受亲姑母羞辱后的遭遇，要用避难于破庙进一步表现方卿的悲惨遭遇，如此描绘显然是不合适的。王汉清先生演唱时唱词为“又只见关平少颗印，手里捧着一只破茄瓢，周仓手里缺大刀，插上一根青竹梢；关皇老爷当中坐，嘴上的胡须倒有一半掉；头上缺少将军盔，带着一只破凉帽，身上少了绿龙袍，套着一只破蒲包；脚上缺少虎头靴，脱落烂泥露出两根杉木梢，都是拐了腿折了腰”\，不仅描绘详尽，处处透出凄凉，而且更有层次感，符合人类由整体到局部的观察习惯。注释： ①江苏省剧目工作委员会.(锡剧)庵堂相会等十六种\[M\].江苏：江苏省剧目工作委员会，1957. ②李祺.武进锡剧\[M\].北京：中国文史出版社，2007：86-87. ③江苏省文化厅剧目工作室.锡剧传统剧目考略 \[M\].上海：上海文艺出版社，1989：2. ④江苏省文化局戏曲编审室.江苏民间戏剧丛书打面缸\[M\].南京：江苏文艺出版社，1956. ⑤江苏省文化局戏曲编审室.江苏民间戏剧丛书双珠凤\[M\].南京：江苏文艺出版社，1957. ⑥孙中.锡剧音乐研究\[M\].北京：中国戏剧出版社，2004：11. ⑦⑧⑨①江苏省剧目工作委员会(锡剧)庵堂相会等十六种\[M\].江苏：江苏省剧目工作委员会，1957：26+41+1+217. ①《中华艺术论丛》编辑委员会.中华艺术论丛2 (上接第18页) “婆王”等神灵的扮演就深刻地体现出么佬族人对生命的敬畏。 “梁吴二帝”简称“梁王”、 “吴王”，在广西罗城仫佬族自治县、融水苗族自治县、融安县等地的壮族、瑶族、么佬族等民族都有流传，属于地方性保护神。“梁九官”是“梁王”的弟弟，同样是么佬族敬奉的36位神灵之一。在白标屯依饭仪式的最后一个程序“送圣”中，送走的最后一位神灵是“梁九官”。在户主家的客厅内，只见依饭师公扮演“梁九官”，手拿一壶酒，身扛一支竹竿，竹竿上挂有一只公鸡，竹竿的尾部还挂有一个吹胀的猪尿泡， “梁九官”在客厅内绕着集体围观的族人四处走动，边走边对着围观的族人传授很多两性知识。不仅如此， “梁九官”还以问答的形式与围观的族人互动，对回答不出或者回答不对的族人， “梁九官”便用猪尿泡对其击打以示惩罚。 “梁九官”通过这生动、形象的表演贏得族人哄堂大笑，族人也通过集体观赏从中领会到了生活相关的知识。这个过程也足以感受到么佬族人对生殖即生命的崇拜，族人对神灵施展法力帮助他们繁衍子孙，使本民族能够人丁兴旺寄予了崇高的期望。在广西，众多少数民族如壮族、瑶族、侗族、依佬族、毛南族等都将婆王信奉为掌管小孩生死和女性生育大事的神灵，族人希望通过祭拜婆王来求子嗣。在么佬族，曾有婆王神话。传说婆王有一座大花园，花园中开满了各种鲜花，每一朵鲜花象征着一个生命，人们都是婆王花园中的花朵。凡间的人都是由婆王赐予花朵而生育，赐到红花则意为生女孩，赐到白花则意为生男孩。如果孩子生病了就意味着花生滩簧研究专辑 \[C\].上海：上海辞书出版社，2004：58. ②孙中.锡剧论文荟萃\[C\].北京：中国戏剧出版社，2011：131. ③赵山林.中国戏曲传播接受史\[M\].上海：上海人民出版社，2008：418 @江苏省文化局戏曲编审室.江苏民间戏剧丛书借黄糠\[M\].南京：江苏文艺出版社，1956. ①江苏省文化局戏曲编审室.江苏民间戏剧丛书双珠凤\[M\].南京：江苏文艺出版社，1957：1. ①江苏省文化局戏曲编审室.江苏民间戏剧丛书庵堂相会\[M\].南京：江苏文艺出版社，1954：4. ①金平.不可或缺的舞台提示\[\].南京师范大学文学院学报，1999，(10)：12. ①江苏省文化局戏曲编审室.江苏民间戏剧丛书庵堂相会\[M\].南京：江苏文艺出版社，1954：1. ①9李祺.锡剧史话\[M\].北京：中国文联出版社，2001：5. ②江苏省文化厅剧目工作室.锡剧传统剧目考略\[M\].上海：上海文艺出版社，1989：4-5. ·夏庐庆.锡剧赋子集\[M\].常州：武进县博物馆彩印厂，出版时间不详，104-105. ·《锡剧简明读本》编委会.锡剧简明读本\[M\].江苏：江苏人民出版社，2012：35. (责任编辑田昊) 虫或缺肥了，族人就要祈请婆王浇水除虫才使得小孩健康成长。所以对于么佬族人而言，他们信仰婆王就是希望能够保佑家中小孩子健康、茁壮成长。每年的农历三月三日，么佬族人都将这天定义为“婆王节”，在节日里族人会杀猪一头，用猪头、猪心、猪肺等内脏祭供婆王。在白标屯依饭仪式的“唱神”程序中，依饭师公扮演“婆王”，一手拿红花视为女孩，，一手拿白花视为男孩，然后对其进行“哺乳”，象征着在“婆王”的帮助下，么佬族儿童能够得到健康成长。随后“婆王”会来到围观的族人面前，让族人选花色， “婆王”询问了三、四位族人，他们都会同时选红、白两种花色。因为有红有白寓意着有儿有女，整个民族就可以人丁兴旺，象征着生命的延续。从师公对“婆王”的扮演中也可以看出么佬族人极其重视生命。参考文献： \[1\]倪彩霞.道教仪式与戏剧表演形态研究\[M\].广州：广东高等教育出版社，2011.2. \[2\]马丁·埃斯林.戏剧剖析\[M\].北京：中国戏剧出版社，1981.19. \[3\]广西壮族自治区少数民族古籍整理出版规划领导小组办公室.么佬族依饭经文辑录\[M\].南宁：广西人民出版社，2014. (责任编辑邓婉君)	__label__neg	null	null	null	null	null
zh	N/A	N/A	Doi：10.11835/j. issn.1008-5831. jg.2020.06.007 欢迎按以下格式引用：苏春，刘星.控股股东股权质押、CEO来源与审计费用——来自上市家族企业的经验证据\|J.重庆大学学报(社会科学版)，2022(5)：73-91. Doi：10.11835/j. issn.1008-5831.jg.2020.06.007. Citation Format： SU Chun，1.11. Xing. Conl rolling slareliolder’s share pledge， sourte of CEO and audit fees：Empirical evidence from lisled family fimms\|J. Joumal of Chongqing Universily ( Social Science Edition)，2022(5)：73-91.Doi：10.11835/j. issn.1008-5831.j2020.06.007. 控股股东股权质押、CEO 来源与审计费用 ——来自上市家族企业的经验证据苏春，刘 _星”_ (1.重庆理工大学会计学院，重庆400054；重庆大学经济与工商管理学院，重庆 _400044)_ 摘要：近年来，随着社会经济的快速发展，控股股东股权质押已经成为我国资本市场上一种非常常见的现象。所谓的控股股东股权质押，是指控股股东将自身所持有的股份作为质押标的物，抵押给银行、证券公司、信托公司等金融机构后获得信贷资金的一种债务融资方式。这种融资方式在便利性、快捷性方面比其他融资方式更具优势，能够快速地帮助控股股东解决资金短缺的问题，但也使得企业面临着控制权转移风险。正因如此，上市公司控股股东股股权质押行为引起了学术界与实务界的普遍关注。虽然，现有研究探讨了控股股东股权质押对企业审计费用的影响，但鲜有学者深入家族企业层面来探讨两者之间的关系。为此，文章以2008—2017年我国A股上市家族企业作为研究对象，深入考察了控股股东股权质押对审计费用的影响，并分析了 CEO 不同来源产生的调节效应。在此基础上，我们进行了研究设计，并构建了相关的研究模型，通过描述性统计分析、相关性分析、多元回归分析和机制分析验证了文章提出的相关机制及假设。研究发现，家族控股股东股权质押与审计师收取的审计费用显著正相关；同时，与家族 CEO 相比，非家族CEO会明显地削弱家族控股股东股权质押与审计费用之间的正相关关系。进一步分析发现，控股股东进行股权质押后会导致公司治理风险与盈余操纵风险显著增加，从而提高了家族企业的审计费用。最后，考虑潜在的内生性问题，重新度量审计费用，并缩小家族企业样本范围后，我们的研究结论依然保持不变。以上研究结论表明，家族企业控股股东进行股权质押所产生的风险能够被审计师识别，因而审计师会通过收取更多的审计费用来予以补偿；同时，非家族 CEO 能够制约基金项目：国家自然科学基金青年项目“利率市场化，监管套利与资源配置——银行理财产品发行及购买的影响因素和经济后果研究” (71802029)；教育部人文社会科学研究一般项目“国家审计、党组织建设与国有企业防范违规行为研究"(19XJC790006)；重庆理工大学科研启动基金项目^家族董事席位超额控制、投资决策与企业价值”(2021ZDR023) 作者简介：苏春，重庆理工大学会计学院，Email：suchiongzii@ 126. com；刘星，重庆大学经济与工商管理学院，Email：liuxing@ aqu. edu. cn. 家族控股股东的利益侵占行为，将有助于审计师更好地识别家族控股股东股权质押所产生的风险，因此审计师可以根据家族企业 CEO 的不同来源实施差异化的收费策略。文章不仅将控股股东股权质押拓展至家族企业层面进行了研究，也丰富和补充了审计收费的相关文献，因而对于审计师实施差异化的收费策略具有一定理论贡献与现实意义。关键词：家族企业；控股股东股权质押； CEO来源；审计费用中图分类号：F275；F832.51；F239.4；F272.91 文献标志码：A 文章编号：1008-5831(2022)05-0073-19 一、问题提出股权质押作为企业一种新的融资模式，在我国资本市场上得到了快速发展，控股股东股权质押更是备受企业家的青睐1。所谓控股股东股权质押，是指控股股东将自身持有的股份作为质押标的物，抵押给金融机构后获得信贷资金的一种债务融资方式。事实上，由于存在融资约束，我国家族企业在资本市场上难以获取足够的资金”，因而控股股东有动机通过股权质押来缓解企业所面临的融资困境，这是因为股权质押融资在便利性、快捷性方面比其他融资方式更具优势，能够帮助控股股东迅速地解决资金短缺的问题4然而，股权质押在为控股股东提供快捷融资的同时，也使其面临着巨大的风险，尤其是财务风险和控制权转移风险·，由此将使家族企业的营运风险增加一方面，家族企业本身资金链较为脆弱，控股股东进行股权质押通常暗示了其资金链紧张且面临着较大的财务约束，这不仅会引发控股股东的掏空行为―，也会促使其进行更多的盈余管理“另一方面，根据股权质押合约的相关规定，一旦股票价格跌至“平仓线”以下，则需要控股股东提供额外的担保物或抵押物，如果其不能按照合约提供额外的担保物或抵押物，质权人将有权出售或结冻这些质押的股票，从而导致控股股东丧失企业的控制权。因此，鉴于股权质押的潜在风险，监管部门对股权质押信息的披露作出了明确要求·，以利于投资者能够对上市公司股权质押的情况进行更直接、更全面的了解，从而可以作出较为合理的投资决策。当然，不仅仅是投资者会关注股权质押的信息，审计师对此也尤为关注，由此会对审计师的决策行为和风险应对产生重要影响5.1.，因而可能影响家族企业的审计费用。那么，家族企业控股股东进行股权质押会对审计师收取的审计费用产生什么样的影响?这种影响又是通过何种途径来实现?现有研究对此没有给出相应的理论解释与经验证据。我们通过梳理相关文献，发现诸多学者研究了股权质押产生的一系列经济后果。例如，张俊瑞等发现大股东的股权质押率越高，审计师对公司收取的审计费用越高，出具非标准审计意见的可能性越大。翟胜宝等指出控股股东进行股权质押后，公司的审计费用会显著增加，审计师对企业出具非标准无保留审计意见的概率更高郑国坚等发现大股东进行股权质押后，其占款动机更强，进而会损害上市公司的企业价值7.谢德仁和廖珂指出当上市公司存在控股股东股权质押时，企业更有可能进行盈余管理，并且真实盈余管理的程度更高“，郝项超和梁琪发现实际控制人进行股权质押后会产生负面影响，将使其利益侵占动机更强，体现为股权质押比例与公司价值显著负相关一廖凯敏等指出控股股东股权质押会降低公司派送现金股利的可能性，并且控股股冻的股权质押率越高，公司派送现金股利的可能性越小-12..谢德仁等研究发现，控股股东股权质押具有积极的治理效应，由此能够降低公司的股价崩盘风险虽然，上述文献对股权质押与审计费用之间的关系有所涉及，但并未深入家族企业的层面展开讨论，更没有直接讨论家族控股股东股权质押与审计费用之间的关系，这就为我们的研究留下了新的探讨空间，进一步地，本文还考察了家族企业CEO 不同来源对控股股东股权质押与审计费用之间关系的影响，从而有助于我们深入理解 CEO 不同来源对企业治理水平的影响。为了实现上述研究目标，本文以2008—2017年我国A股上市家族企业作为研究对象，深入考察了家族企业控股股东股权质押对审计费用的影响机制及效应，并分析了 CEO 不同来源所产生的调节效应。研究发现，家族控股股东股权质押会显著地提高审计师收取的审计费用；同时，与家族CEO 相比，非家族 CEO 会削弱控股股东股权质押对审计费用的正向影响。进一步分析发现，家族控股股东进行股权质押后会导致公司治理风险、盈余操纵风险明显增加，进而提高了企业的审计费用，本文不仅将控股股东股权质押的研究领域拓展至家族企业层面，也有利于我们从更多视角来理解家族企业审计收费的影响因素，本文的研究贡献主要有以下三点：(1)本文深入探讨了家族企业控股股东股权质押对审计收费的影响机制及效应，虽然已有文献考察了股权质押与审计费用之间的关系3.5.，但均没有深入到家族企业的层面展开讨论，这就使得我们的研究具有一定的理论贡献与实践意义。(2)本文探讨了家族企业 CEO 不同来源对控股股东股权质押与审计费用之间关系的影响，不仅丰富和补充了企业高管的相关研究，也有助于我们深入理解家族企业审计收费的影响因素，(3)本文分析了家族企业控股股东股权质押对审计费用的影响机制，发现公司治理风险与盈余操纵风险在两者之间起到了部分中介作用，因而从作用机制上揭示了家族控股股东股权质押影响审计收费的可能路径。二、理论分析与研究假设 (一)家族企业控股股东股权质押与审计费用根据审计收费定价模型，审计收费除了受审计成本的影响，亦会受审计风险的影响44其中，审计成本是指为了完成审计工作需要投人的各种资源，如果投人的资源越多，则意味着在审计工作开展过程中花费的时间与精力越多，即耗费的审计成本越高，因而会导致审计师收取较为高昂的审计费用；审计风险是指审计师在业务执行过程中所面临的风险，如果审计师感知到客户公司的审计风险较大，则更有可能通过收取高额的审计费用来进行风险补偿。事实上，上市公司通常存在治理风险及盈余操纵风险，而这两类风险往往与审计师的收费直接相关-15-17.，尤其是公司治理风险及盈余操纵风险较高时，审计师为了降低自身所面临的风险，不仅会增加审计程序，也会进一步扩大审计范围，以便更好地发现财务报告中的重大错弊，进而会对客户公司收取更多的审计费用一方面，在我国资本市场上，控股股东的利益侵占行为屡见不鲜，尤其是其进行股权质押后利益侵占动机将更强，往往会以占用资金的形式来掏空上市公司-7.特别地，家族企业通常面临着较高的融资约束”，控股股东进行股权质押后更有可能侵占公司的资金，由此导致企业的治理水平较差，此时审计师在为家族企业提供审计服务时将面临较高的风险。现有研究发现，控股股东进行股权质押后，会导致控制权与现金流量权分离度更高，将使其具有强烈的掏空动机，会进一步地侵占上市公司的资源，从而导致企业业绩出现严重下滑18-20据上分析，我们有理由认为，家族控股股东的股权质押行为会增强其利益侵占动机，致使企业的治理水平低下，可能导致公司治理风险增加，进而造成审计师面临较高的审计风险；在此情形下，审计师在制订工作计划时不仅会增加审计流程，也会投入更多的审计资源，以此来降低公司治理水平较差所产生的风险，往往会收取较多的审计费用。当家族控股股东质押股份的比例较高时，公司的治理水平可能更差，审计师所面对的审计风险和审计成本更高，因而会收取更多的审计费用。另一方面，控股股东进行股权质押相当于“套取”了部分现金流量权，可能使其更有动机进行盈余管理，因为进行盈余管理有助于控股股东隐藏其掏空行为-22-24.，这将导致审计师面临较高的审计风险。同时，控股股东进行股权质押后稳定股价的动机更强，因为股价一旦下跌至“平仓线”以下时，如果其不能及时提供额外的抵押物或者缴纳保证金，质权人有权将控股股东所质押的股票进行冻结或者拍卖，由此可能产生控制权转移的风险。因此，为了达到稳定股价的目的，控股股东将会加强市值管理活动，而进行更多的盈余管理则是有效途径1对于家族企业，家族控股股东往往拥有较高的控制权2其进行盈余管理更加容易实现，由此可能导致审计师面临较高的盈余操纵风险。据此，我们可以推断，家族控股股东进行股权质押后，其更有动机进行盈余操纵，从而使得审计师面临的审计风险较高；在此情形下，审计师不仅会增加审计流程，也会通过扩大测试范围来发现财务报告中的重大错弊，这将耗费更多的审计成本，因而其倾向于通过收取较多的审计费用来进行补偿-26-27当家族控股股东质押股份的比例越高时，其越有可能进行盈余操纵，审计师面临的审计风险和审计成本往往越高，进而会对家族企业收取更多的审计费用。基于上述理论分析，本文提出如下假设。假设1：在其他条件不变的情况下，家族控股股东股权质押与审计师收取的审计费用显著正相关 (二)家族企业控股股东股权质押、CEO 来源与审计费用 *对于家族企业， CEO 的来源主要分为两大类-2\-29.：一类来自家族内部，即 CEO 职位由家族成员担任3.，另一类则是由职业经理人担任企业的 CEO-31.当家族成员担任 CEO 时，由于其与家族控股股东之间具有血缘或亲缘关系，彼此间更易信任与支持并且具有利益趋同性”，通常属于一致行动人。因此，家族 CEO 在经营决策中倾向于与家族控股股东保持一致，而不会主动去监督其机会主义行为，甚至可能与控股股东合谋共同侵占中小股东的利益。这是因为家族 CEO 能够与家族控股股东共享企业的剩余索取权收益4往往有动机帮助家族控股股东掩盖其利益侵占行为，进而难以产生治理作用。具体而言，当家族成员担任 CEO 时，家族控股股东质押股权后产生的掏空与盈余管理行为不易受到制约，由此可能使得家族企业的公司治理风险和盈余操纵风险增加，将导致审计师面临着更高的审计风险与审计成本，从而会提高家族企业的审计费用。然而，相较于家族 CEO，非家族 CEO 来源于外部人才市场，通常受过良好的教育，并且接受过正规的专业技能培训，往往具有较好的职业素养与管理技能5，从而能够为家族企业的治理带来客观性、公正性与专业性的决策同时，非家族 CEO 与家族控股股东之间没有血缘或者亲缘关系，且在经营决策中会受到个人声誉机制的约束”，因而帮助家族控股股东隐藏机会主义行为的动机较弱，将有助于降低家族企业的公司治理风险和盈余操纵风险，实际上，家族控股股东的利益侵占行为会导致非家族 CEO 的个人声誉受损，这不仅不符合非家族 CEO 个人的自身利益，也会致使这些职业经理人在业界难以生存下去。因此，当非家族成员担任 CEO 时，往往会权衡个人的成本与收益一，在决策中倾向于降低自身所面临的风险，有较强的意愿去制约家族控股股东的自利行为，由此可能使得控股股东质押股权后的利益侵占动机减弱。据此，我们认为，当非家族成员担任 CEO 时，家族控股股东进行股权质押后，其掏空与盈余管理行为可能会减少，从而有利于降低审计师所面临的审计风险和审计成本。这说明，非家族 CEO 在家族企业中具有积极的治理作用，会使得控股股东股权质押对审计费用的正向效应减弱。根据以上理论分析，本文提出如下假设。假设2：与家族 CEO 相比，非家族 CEO 会削弱家族控股股东股权质押与审计收费之间的正相关关系。三、研究设计 (一)样本来源与选择本文选取 2008—2017年我国A股上市家族企业作为研究样本。参考以往的研究，我们将家族企业定义为：(1)实际控制人可以追溯到某一自然人或者家族，并且是上市家族企业直接或者间接的控股股东；(2)实际控制人直接或者间接持有上市家族企业至少10%的股份-40-41；(3)上市家族企业中至少有两位及以上具有亲缘关系的家族成员担任高管职务或者持有股份(包括董事长、董事及高级管理人员)42同时，本文进一步剔除了金融类公司样本、当年 ST类公司样本、存在缺失值的公司样本，总共获得6033个公司一年度样本观测值。此外，家族控股股东所质押的股份数量、CEO 来源、家族持股比例等关键数据均通过手工归集而得。为了尽可能地消除异常值的影响，本文对连续变量进行了上下1%的 Winsorize 缩尾处理 (二)变量定义 1.被解释变量本文的被解释变量为审计费用( Afec)，参考翟胜宝等的做法，我们取上市家族企业境内审计费用的自然对数， 2.解释变量参考谢德仁等Bharath等43.的做法，本文分别设置控股股东股权质押虚拟变量和连续变量，如果家族企业存在控股股东股权质押，虚拟变量(Pledge\_dum)取值为1，否则取值为0；控股股东股权质押率(Pledge\_pcr) 为连续变量，等于家族控股股冻质押股份的数量除以其持有股份的总数量 3.调节变量 CEO 来源(FCEO)，如果由非家族成员担任家族企业的 CEO ，FCEO 取值为1，否则取值为0 4.控制变量参考已有的研究-5.44-46.，我们引入如下控制变量：公司规模(Sizc)、资产负债率(Lcv)、盈利能力(Roa)、是否亏损(Loss)、应收账款占比(Res)、存货占比(Inv)、控股家族持股比例(Fsh)事务所规模(Big4)审计意见类型(Opinion)地区人均 GDP (GDP\_pcople)流动比率( Current)、事务所变更(Change)、两职合一(Dual)、独立董事比例(Indep)，共14个控制变量，同时，我们进一步控制了年度(Year\_dum)行业(Industry\_dum)虚拟变量，并在回归模型中对t值进行了异方差调整。表1给出了本文主要变量的具体定义。 (三)研究模型为了检验本文所提出的研究假设1，我们建立了模型(1)： Industry\_dum+8 (1) 其中，我们主要观测回归系数α，预测α，显著为正。为了检验本文所提出的研究假设2，我们建立了模型(2)：其中，我们主要观测回归系数α，，预测α，显著为负。表I 变量定义 \| 变量类别 \| 变量符号 \| 度量方法 \| \| --- \| --- \| --- \| \| 被解释变量 \| Afec \| 审计费用，取上市家族企业境内审计费用的自然对数 \| \| 解释变量 \| Pleilge\_ilum \| 家族控股股东是否存在股权质押，如果存在质押取值为1，否则取值为0 \| \| 解释变量 \| Plelge\_per \| 控股股东股权质押率，家族控股股东质押股份的数量/其持有股份的总数量 \| \| 调节变量 \| FCFO \| CEO 来源，如果由非家族成员担任 CEO，取值为 1，否则取值为0 \| \| 控制变量 \| Size \| 公司规模，等于总资产的自然对数 \| \| 控制变量 \| Ley \| 资产负债率，等于总负债/总资产 \| \| 控制变量 \| Roa \| 盈利能力，等于净利润/总资产 \| \| 控制变量 \| 1055 \| 是否亏损，如果上市家族企业当年发生亏损，取值为Ⅰ，否则取值为0 \| \| 控制变量 \| Res \| 应收账款占比，等于应收账款/总资产 \| \| 控制变量 \| Tny \| 存货占比，等于存货/总资产 \| \| 控制变量 \| Fsh \| 控股家族持股比例，等于前十大股东中家族成员持股比例的总和 \| \| 控制变量 \| Big4 \| 事务所规模，如果为国际四大会计师事务所，取值为Ⅰ，否则取值为0 \| \| 控制变量 \| Opinion \| 审计意见类型，如果公司被出具非标准无保留审计意见，取值为Ⅰ，否则取值为0 \| \| 控制变量 \| GDP\_pcople \| 地区人均 GDP，取上市家族企业所处省份人均 GDP 的自然对数 \| \| 控制变量 \| Currenl \| 流动比率，等于流动资产/流动负债 \| \| 控制变量 \| Change \| 事务所变更，如果上市家族企业当年发生事务所变更，取值为【，否则取值为0 \| \| 控制变量 \| Dual \| 两职合一，如果董事长兼任总经理，取值为Ⅰ，否则取值为0 \| \| 控制变量 \| Inilep \| 独立董事比例，独立董事人数/董事会人数 \| \| 控制变量 \| Ycar\_ilum \| 年度虚拟变量，2007-2017年共10个年度，设置10个年度虚拟变量 \| \| 控制变量 \| TnilusLry\_tlum \| 行业虚拟变量，根据证监会2012年的行业划分标准，设置18个行业虚拟变量 \| 四、实证检验与分析 (一)描述性统计本文主要变量的描述性统计详见表2。在栏A全样本中， Afec 的均值为 13.503 3，最大值为16.6005，最小值为 9.2103，说明审计师对我国上市家族企业收取的审计费用存在较大的差异。同时，Pledge\_dum 的均值为 0.499 1，Pledge\_per 的均值为 0.1844，表明我国家族企业普遍存在控股股东股权质押的现象，并且股权质押率为 18.44%，此外，FCEO 的均值为 0.482 2，即非家族成员担任CEO 的比例为 48.22%；Big4的均值为 0.054 4，Opinion 的均值为0.0551，表明我国有5.44%的家族企业聘用国际四大会计师事务进行审计，且有5.51%的家族企业被出具了非标准无保留审计意见。从栏B分样本看，不存在控股股东股权质押组中， Afec 的均值为 13.462 9，而存在控股股东股权质押中， Afec 的均值为 13.565 8，并且两组样本的均值存在显著性差异，说明家族控股股东股权质押会显著增加审计师收取的审计费用，假设1得到了初步支持。在栏C分样本中，家族成员担任 CEO的企业， Afec 的均值为13.5421，而非家族成员担任 CEO 的企业，Afcc 的均值为 13.4673，并且两组样本的均值存在显著性差异。这表明，非家族成员担任 CEO 能够较好地监督家族控股股东的自利行为，有利于降低审计师所面临的审计风险与审计成本，由此降低了家族企业的审计费用，初步支持了假设2 表2 主要变量的统计性描述 \| 栏A：全样本 \| \| \| \| \| \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 变量 \| N \| rricah \| st1 \| mrin \| n25 \| n50 \| p75 \| P2LX \| \| \| Afce \| 6 033 \| 13.503 3 \| 0.549 9 \| 9.2103 \| 13.122 4 \| 13.4588 \| 13.815 5 \| 16.600 5 \| \| \| Plelge\_tlum \| 6 033 \| 0.4991 \| 0.399 3 \| 0.0000 \| 0.0000 \| 0.0000 \| 1.0000 \| 1.0000 \| \| \| Plelge\_per \| 6 033 \| 0.1844 \| 0.296 8 \| 0.0000 \| 0.0748 \| 0.1059 \| 0.1743 \| 0.999 9 \| \| \| FCFO \| 6 033 \| 0.482 2 \| 0.499 7 \| 0.0000 \| 0.0000 \| 0.0000 \| 1.0000 \| 1.0000 \| \| \| Size \| 6 033 \| 21.796 5 \| 1.066 6 \| 19.1512 \| 21.023 8 \| 21.6860 \| 22.4162 \| 25.367 2 \| \| \| LCr \| 6 033 \| 0.3950 \| 0.198\[ \| 0.0549 \| 0.232 5 \| 0.3827 \| 0.535 5 \| 1.037 5 \| \| \| Roa \| 6 033 \| 0.0560 \| 0.055\[ \| \-0.179 8 \| 0.022 3 \| 0.0503 \| 0.0849 \| 0.239 3 \| \| \| 1055 \| 6 033 \| 0.9450 \| 0.228\[ \| 0.0000 \| 1.0000 \| 1.0000 \| 1.0000 \| 1.0000 \| \| \| Rcs \| 6 033 \| 0.1235 \| 0.1016 \| 0.0002 \| 0.043 8 \| 0.104\[ \| 0.177\[ \| 0.489 6 \| \| \| Iny \| 6 033 \| 0.1677 \| 0.1487 \| 0.000 5 \| 0.079\[ \| 0.130 5 \| 0.199 8 \| 0.7577 \| \| \| Fsh \| 6 033 \| 0.466 9 \| 0.165 9 \| 0.155 8 \| 0.3315 \| 0.463 8 \| 0.5967 \| 0.8580 \| \| \| Big4 \| 6 033 \| 0.0544 \| 0.1542 \| 0.0000 \| 0.0000 \| 0.0000 \| 0.0000 \| 1.0000 \| \| \| Opinion \| 6 033 \| 0.055\[ \| 0.1219 \| 0.0000 \| 0.0000 \| 0.0000 \| 0.0000 \| 1.0000 \| \| \| GDP\_pcople \| 6 033 \| 10.964\[ \| 0.4521 \| 9.306 4 \| 10.6616 \| 11.056 4 \| 11.3110 \| 11.732 9 \| \| \| Currenl \| 6 033 \| 0.599 2 \| 0.3769 \| 0.0485 \| 0.324 8 \| 0.5404 \| 0.7771 \| 2.0740 \| \| \| Change \| 6 033 \| 0.0577 \| 0.1320 \| 0.0000 \| 0.0000 \| 0.0000 \| 0.0000 \| 1.0000 \| \| \| Dual \| 6 033 \| 0.349 9 \| 0.4770 \| 0.0000 \| 0.0000 \| 0.0000 \| 1.0000 \| 1.0000 \| \| \| Tmilep \| 6 033 \| 0.373 5 \| 0.0514 \| 0.3000 \| 0.333 3 \| 0.333 3 \| 0.428 6 \| 0.5714 \| \| \| 栏B：按是否存在家族控股股东股权质押分样本 \| \| \| \| \| \| \| \| \| \| \| 变量 \| Plerlge\_tlum=0 \| \| \| \| Pleilge\_ilum=1 \| \| \| \| L-sLalisLic \| \| 变量 \| N \| 51 \| rrcan \| p50 \| N \| 5 \| mcn \| p50 \| L-sLalisLic \| \| Afec \| 3 022 \| 0.5344 \| 13.462 9 \| 13.458 8 \| 3011 \| 0.580 7 \| 13.565 8 \| 13.592 4 \| \-0.202 8\xxx* \| \| FCEO \| 3 022 \| 0.496 6 \| 0.4416 \| 0.0000 \| 3011 \| 0.478 6 \| 0.545 3 \| 1.0000 \| \-0.2037\* \| \| 栏C：按 CEO是否由非家族成员担任分样本 \| \| \| \| \| \| \| \| \| \| \| 变量 \| FCEO=0 \| \| \| \| FCEO=\[ \| \| \| \| L-sLalisLic \| \| 变量 \| N \| 51 \| mcan \| p50 \| N \| 51 \| mcan \| p50 \| L-sLalisLic \| \| Afec \| 3124 \| 0.586 5 \| 13.542\[ \| 13.503 3 \| 2909 \| 0.510 9 \| 13.467 3 \| 13.458 8 \| 0.074 8 \| \| Plelge\_ilum \| 3124 \| 0.343 2 \| 0.436 4 \| 0.0000 \| 2 909 \| 0.4422 \| 0.586 4 \| 1.0000 \| *\-0.1301\\\ \| \| Pleilge\_per \| 3124 \| 0.227 6 \| 0.1541 \| 0.0902 \| 2 909 \| 0.3490 \| 0.2650 \| 0.2301 \| \-0.1009\\** \| 注：\、\\、\\\分别表示在10%、5%、1%水平上显著。 (二)相关性分析从表3中的相关性分析可以看出，Afcc 与 Pledge\_dum 之间的相关系数为0.097 3，在5%的水平上显著， Afcc 与 Pledge\_pcr 之间相关系数为0.1076，在1%的水平上显著，由此说明家族控股股东股权质押与审计费用之间显著正相关，初步支持了假设 1； Afec 与 FCEO 之间相关系数为-0.0680，在5%的水平上显著，表明非家族成员担任 CEO 会显著地降低审计师收取的审计费用，从侧面部分地支持了假设2.由于受篇幅限制，我们仅报告主要变量之间的相关性分析结果，未呈现其他变量之间的相关系数。同时，我们还进行了膨胀因子检验， VIF 的值均小于2，即不存在多重共线性的问题，限于篇幅，本文未列示这一结果。表3 主要变量的相关性分析 \| 变量 \| Afce \| Pleelge\_tlum \| Plelge\_per \| FCEO \| \| --- \| --- \| --- \| --- \| --- \| \| Afce \| 1.0000 \| \| \| \| \| Plelge\_ilum \| *0.097 3\\* \| 1.0000 \| \| \| \| Plelge\_per \| 0.1076 \| 0.829 9\\ \| 1.0000 \| \| \| FCFO \| \-0.0680\* \| 0.162 7\\\* \| 0.169 8\\ \| 1.0000** \| 注：\、\\、\\\分别表示在10%5%、1%水平上显著。 (三)实证检验 1.家族控股股东股权质押与审计费用家族控股股东股权质押与审计收费的检验结果详见表4，第(1)列中我们未考虑其他控制变量，仅将年度与行业效应纳人了控制变量，Pledgc\_dum 对 Afce 的回归系数为0.0343，在1%的水平上显著；第(2)列中我们考虑了所有的控制变量，包括年度与行业因素的影响，Pledge\_dum 对 Afec的回归系数为 0.0549，在5%的水平上显著；第(3)列中我们未添加相关的控制变量，仅控制年度与行业因素， Pledge\_per 对 Afec 的回归系数为0.0600，在1%的水平上显著；第(4)列中我们控制了相关变量，并同时控制年度与行业因素，Pledge\_per 对 Afcc 的回归系数为 0.062 5，在5%的水平上显著。由此可见，家族控股股东股权质押会显著提高审计师的审计收费，假设!得到了支持。这说明，家族控股股东进行股权质押后，将导致审计师面临着较高的审计风险与审计成本，从而会对企业收取更多的审计费用。 2.家族控股股东股权质押、CEO来源与审计费用家族控股股东股权质押、CEO来源与审计费用的检验结果详见表5.第(1)列中我们未加入其他控制变量，仅控制了年度与行业因素，交乘项Pledge\_dumxFCEO 对 Afec 的回归系数为-0.0305，在1%水平上显著；第(2)列中我们考虑了所有的控制变量，并同时控制了年度与行业因素，交乘项Pledge\_dumxFCEO 对 Afcc 的回归系数为-0.0183，在5%水平上显著；第(3)列中我们未控制其他变量，仅将年度与行业效应纳入控制变量，交乘项 Pledge \_per xFCEO 对 Afcc 的回归系数为-0.1582，在1%水平上显著；第(4)列中我们加入了所有控制变量，并考虑了年度与行业固定效应，交乘项 Pledge\_porxFCEO 对 Afcc 的回归系数为-0.1244，在5%水平上显著。上述回归结果说明，与家族 CEO 相比，非家族 CEO 会削弱家族控股股东股权质押与审计收费之间的正相关关系，假设2得到了支持。由此可见，非家族 CEO 能够抑制家族控股股东的利益侵占行为，有助于降低审计师所面临的审计风险和审计成本，从而削弱了家族控股股东股权质押对审计费用的正向影响。表4 家族控股股东股权质押与审计费用的检验结果 \| 变量 \| (1) \| (2) \| (3) \| (4) \| \| --- \| --- \| --- \| --- \| --- \| \| 变量 \| Alce \| Afce \| Alce \| Afce \| \| Plerlge\_ilum \| *0.0343\\* (2.93) \| 0.0549\\(2.02) \| \| \| \| Plelge\_per \| \| \| 0.0600\\(2.75) \| 0.062 5\\(2.13) \| \| Size \| \| 0.3357\\(16.78) \| \| 0.334 8\\\(16.69)* \| \| Lcx \| \| \-0.0113(-0.16) \| \| \-0.011\[(-0.15) \| \| Roa \| \| *0.3920\\(2.61)* \| \| 0.3892(2.59) \| \| 1儿1S号 \| \| *\-0.0592\\\(-3.30) \| \| \-0.0584\\\(-3.25)* \| \| Rcs \| \| \-0.023\[ (-0.17) \| \| \-0.0222 (-0.16) \| \| Iny \| \| 0.099 6 (1.24) \| \| 0.098\[ (1.21) \| \| Fsh \| \| 0.1189 (1.50) \| \| 0.1165 (1.47) \| \| Big4 \| \| 0.3250”\* (2.36) \| \| 0.3205\* (2.33) \| \| Opinion \| \| 0.0249 (0.71) \| \| 0.025 3 (0.73) \| \| GDP\_pcople \| \| 0.0718(1.05) \| \| 0.0716(1.05) \| \| Currenl \| \| 0.0587 (1.95) \| \| 0.0587 (1.95) \| \| Change \| \| 0.0115 (0.38) \| \| 0.012\[ (0.40) \| \| Dual \| \| 0.0133 (0.71) \| \| 0.0142 (0.76) \| \| Inilep \| \| 0.082 5 (0.55) \| \| 0.0830 (0.56) \| \| Conslanl \| *0.956 3\(4.94) \| 0.9290\\ (5.49) \| 0.9413\\(4.88) \| 0.932 4\\(4.49) \| \| Ycar\_ilum \| 控制 \| 控制 \| 控制 \| 控制 \| \| ImlusLry\_tlum \| 控制 \| 控制 \| 控制 \| 控制 \| \| N \| 6 033 \| 6 033 \| 6 033 \| 6 033 \| \| R \| 0.4090 \| 0.5345 \| 0.409 4 \| 0.514\[** \| 注：\\\\\\分别表示在10%、5%、1%水平上显著，括号中的数字为：值。 (四)进一步分析：家族控股股东股权质押影响审计费用的机制检验前文理论分析表明，控股股东股进行股权质押后，可能会使家族企业的公司治理风险和盈余操纵风险增加，从而导致审计师收取较高的审计费用。参考 Wang 和 Xiao-47的做法，我们以“其他应收款/资产总额”来衡量家族控股股东的掏空行为(Tunnel\_dum)，作为公司治理风险的代理变量，若“其他应收款/资产总额”大于样本平均值，则 Tunnel\_dum 取值为1，否则取值为0.同时，我们利用修正的琼斯模型来计算家族企业的操控性应计利润，并以其绝对值(ABSDA)来度量企业的盈余操纵风险，在此基础上，参考温忠麟等48Baron 和Kenny-49的研究，本文将检验公司治理风险及盈余操纵风险是否在家族控股股东股权质押与审计费用的关系中具有中介作用，从前文表4中的实证结果可以看出，控股股东股权质押会显著地提高家族企业的审计费用，说明中介效应检验的第一步符合预期，因而我们在这里只需检验家族控股股东股权质押对中介变量的影响及两者对审计费用的影响即可。为此，本文建立如下模型(回归结果见表6和表7)： Controls. +Ycar dum+Industry\_dum+8t (4) 表5 家族控股股东股权质押、CEO来源与审计费用的检验结果 \| 变量 \| (1) \| (2) \| (3) \| (4) \| \| --- \| --- \| --- \| --- \| --- \| \| 变量 \| Afce \| Afce \| Afce \| Afce \| \| Plege\_ilum \| *0.1187\\(1.98)* \| 0.056 6(1.94) \| \| \| \| Plerlge\_per \| \| \| *0.184 7\\\(4.07) \| 0.0774\\(2.54) \| \| FCEO \| \-0.0597\\\(-3.99)* \| \-0.063 5(-2.17) \| \-0.073 8(-5.07) \| \-0.063 9~(-2.64) \| \| Pleilge\_ilumxFCEO \| *\-0.0305\\* (-2.82) \| \-0.0183\\(-2.26) \| \| \| \| Pleilge\_perxFCEO \| \| \| \-0.1582\(-3.00)* \| *\-0.1244\\(-2.47)* \| \| Size \| \| 0.336 6(16.85) \| \| *0.3359\\* (16.78) \| \| LCr \| \| \-0.015 8 (-0.22) \| \| \-0.0155(-0.21) \| \| Roa \| \| 0.3912\* (2.60) \| \| 0.389\[(2.59) \| \| 1055 \| \| \-0.0582\\\* (-3.26) \| \| \-0.0573\* (-3.20) \| \| Rcs \| \| \-0.0166 (-0.12) \| \| \-0.0151(-0.11) \| \| Iny \| \| 0.0911 (1.12) \| \| 0.089 3 (1.09) \| \| Fsh \| \| 0.1342\* (1.68) \| \| 0.132 3\* (1.65) \| \| Big4 \| \| 0.323 5\\ (2.38) \| \| 0.319 8\* (2.35) \| \| Opinion \| \| 0.026\[ (0.75) \| \| 0.026 3(0.76) \| \| GDP\_pcople \| \| 0.0712(1.04) \| \| 0.0705(1.04) \| \| Currenl \| \| 0.058 3°(1.94) \| \| 0.0582\(1.94)* \| \| Change \| \| 0.0106(0.35) \| \| 0.0114(0.37) \| \| Dual \| \| 0.044 5\* (2.08) \| \| *0.045 9\\* (2.15) \| \| Iniep \| \| 0.092 5 (0.62) \| \| 0.092 9 (0.62) \| \| Conslanl \| 0.9517\\\(3.15)* \| 0.8664 (5.39) \| *0.8521\\\ (3.29) \| 0.8719\\\* (5.40) \| \| Ycar\_ilum \| 控制 \| 控制 \| 控制 \| 控制 \| \| Imluslry\_ilum \| 控制 \| 控制 \| 控制 \| 控制 \| \| N \| 6 033 \| 6 033 \| 6 033 \| 6 033 \| \| R \| 0.148 4 \| 0.5362 \| 0.1467 \| 0.5163** \| 注：\、\\、\\\分别表示在10%、5%、1%水平上显著，括号中的数字为t值。表6 公司治理风险的中介效应检验 \| 变量 \| (1) \| (2) \| (3) \| (4) \| \| --- \| --- \| --- \| --- \| --- \| \| 变量 \| Tunnel\_ilum \| Afce \| Tunnel\_ilum \| Afce \| \| Plerlge\_tlum \| *0.0627\\* (2.89) \| 0.046 7\\(2.36) \| \| \| \| Plelge\_per \| \| \| 0.0245\\(2.14) \| 0.049 5°(1.74) \| \| Tunnel\_ilum \| \| 0.040 4\\(2.25) \| \| 0.0605\\(5.29) \| \| Size \| \-0.043 8 (-3.10) \| 0.3221\\ (18.89) \| \-0.008 6 (-1.25) \| 0.3144(16.91) \| \| Lcx \| 0.3897\\\* (5.28) \| \-0.0175 (-0.25) \| 0.489 3 (8.11) \| \-0.059 5 (-1.06) \| \| Roa \| \-0.256 8 (-1.72) \| 0.440 6 (2.98) \| \-0.3021 (-2.51) \| 0.393 3\(3.42)* \| \| L055 \| 0.0054 (0.21) \| \-0.0602 (-3.41) \| 0.035 2 (1.17) \| \-0.100 4(-4.31) \| \| Rcs \| 0.5345\* (4.20) \| \-0.033 8 (-0.25) \| 0.2802 (4.13) \| *\-0.2002\(-3.54) \| \| Iny \| \-0.080 9 (-0.96) \| 0.084 8 (1.08) \| \-0.067 8 (-1.17) \| 0.0287 (0.61) \| \| Fsh \| \-0.130 3\* (-1.83) \| 0.096 4 (1.26) \| \-0.1514\* (-4.36) \| 0.090 3\(2.91)* \| \| Big4 \| 0.238 8 (3.54) \| 0.233 3\* (2.18) \| 0.129\[\* (3.30) \| *0.513 9\\\(13.57) \| \| Opinion \| 0.086 3\\ (1.98) \| 0.030 4 (0.87) \| 0.147 5 (2.72) \| 0.0640 (1.81) \| \| GDP\_pcople \| \-0.031 8 (-0.57) \| 0.054 2 (0.82) \| \-0.098\[\\ (-6.02) \| 0.1313\(9.61)* \| \| Currenl \| *\-0.0637\\(-2.12)* \| 0.052 9 (1.81) \| *\-0.087 0\\\(-3.33) \| 0.074 2\\\(2.80)* \| \| Change \| \-0.016 6 (-0.43) \| 0.005 3 (0.18) \| 0.0180 (0.41) \| \-0.0101(-0.26) \| \| Dual \| \-0.0067 (-0.42) \| 0.005 2 (0.30) \| \-0.0167(-1.51) \| *0.0200\\(1.98)* \| \| Indlep \| \-0.052 8 (-0.33) \| 0.1124 (0.78) \| \-0.012 6 (-0.12) \| \-0.226 4(-2.49) \| \| ConsLanl \| 1.2559\* (1.91) \| *0.409 9\\\ (6.44) \| 1.4460\\\* (6.36) \| 0.113 3\\\(27.99)* \| \| Ycar\_ilum \| 控制 \| 控制 \| 控制 \| 控制 \| \| InilusLry\_ilum \| 控制 \| 控制 \| 控制 \| 控制 \| \| N \| 6 018 \| 6 018 \| 6 018 \| 6018 \| \| R \| 0.0343 \| 0.555 8 \| 0.165 6 \| 0.535 9 \| 注：\、\\、\\\分别表示10%、5%、1%水平上显著，括号中的数字为t值。表6给出了家族企业公司治理风险的中介效应检验结果。其中，第(1)列和第(3)列报告了模型(3)的检验结果，Pledge\_dum 对 Tunnel\_dum 的系数为0.0627，在1%的水平上显著；Pledge\_per 对Tunnel\_dum 的回归系数为0.0245，在 5%的水平上显著。可见，家族控股股东进行股权质押后，其掏空家族企业的动机更强，从而使公司的治理风险增加。第(2)列和第(4)列展示了模型(4)的检验结果， Pledge\_dum 对 Afec 的回归系数为0.0467，在5%的水平上显著，比表4中第(2)列Pledge\_dum 对 Afec 的回归系数与显著性均有所降低，且Tunncl\_dum 对 Afoc 的回归系数为0.040 4，在 5%的水平上显著；Pledge\_per 对 Afoc 的回归系数为0.049 5，在10%的水平上显著，比表4中第(4)列 Pledge\_per 对 Afcc 的回归系数与显著性均有所降低，且 Tunnel\_dum 对 Afce 的回归系数为 0.060 5，在1%的水平上显著。上述检验结果说明，公司治理风险在家族控股股东股权质押与审计费用之间起到了部分中介作用，即家族控股股东质押股权后更有可能实施掏空行为，将使得公司的治理风险增加，进而导致家族企业的审计费用增加。以上结论验证了家族控股股东股权质押对审计费用的作用机制，即公司治理风险是家族控股股东股权质押影响审计费用的重要途径，表7 盈余操纵风险的中介效应检验 \| 变量 \| (1) \| (2) \| (3) \| (4) \| \| --- \| --- \| --- \| --- \| --- \| \| 变量 \| ABSDA \| Afce \| ABSDA \| AIce \| \| Plerlge\_ilum \| 0.0030\* (1.67) \| 0.047 4(1.94) \| \| \| \| Pleilge\_per \| \| \| *0.0134\\(2.43)* \| *0.056 4\(1.96) \| \| ABSDA \| \| 0.098 8\(2.36)* \| \| 0.1048~(2.45) \| \| Size \| 0.0030(0.95) \| 0.322\[\* (18.80) \| 0.003\[(0.96) \| *0.3213\\(18.72)* \| \| LCv \| *0.0619\\* (3.46) \| \-0.026\[ (-0.37) \| 0.060 9\\\* (3.41) \| \-0.026 5 (-0.38) \| \| Roa \| 0.059 2~ (2.03) \| 0.4448~ (3.00) \| 0.0586° (2.01) \| 0.4427^(2.98) \| \| L055 \| \-0.028 9\\\* (-6.86) \| \-0.0630\\\* (-3.54) \| \-0.0283\\ (-6.71) \| \-0.0623\\(-3.49) \| \| Rcs \| 0.033 8 (1.07) \| \-0.0270 (-0.20) \| 0.034 5 (1.09) \| \-0.025 9(-0.20) \| \| Iny \| \-0.0312 (-1.56) \| 0.0812 (1.03) \| \-0.0310 (-1.55) \| 0.079 9(1.01) \| \| Fsh \| \-0.0137 (-0.96) \| 0.0943 (1.23) \| \-0.0128 (-0.90) \| 0.092 3(1.20) \| \| Big4 \| \-0.0014 (-0.17) \| 0.2347\\ (2.19) \| \-0.0015 (-0.18) \| 0.2308(2.15) \| \| Opinion \| \-0.009 0 (-0.96) \| 0.0300 (0.85) \| \-0.008 9 (-0.93) \| 0.030 6 (0.88) \| \| GDP\_pcople \| \-0.002 8 (-0.23) \| 0.0537 (0.81) \| \-0.002 5 (-0.21) \| 0.0535 (0.80) \| \| Currenl \| \-0.0157\\\* (-2.58) \| 0.0509\* (1.74) \| \-0.0157\\ (-2.57) \| 0.050 8\* (1.74) \| \| Change \| 0.0036 (0.45) \| 0.005 5 (0.19) \| 0.0037 (0.46) \| 0.0063 (0.22) \| \| Dual \| \-0.0002 (-0.06) \| 0.0051 (0.29) \| 0.0000 (-0.01) \| 0.0059 (0.34) \| \| Imlep \| 0.0066 (0.27) \| 0.1127 (0.78) \| 0.008 5 (0.34) \| 0.1137 (0.79) \| \| Conslanl \| 0.0939 (0.71) \| 0.427\[ (6.46) \| 0.086 8 (0.65) \| 0.4304\(6.46)* \| \| Ycar\_ilum \| 控制 \| 控制 \| 控制 \| 控制 \| \| ImilusLry\_ilum \| 控制 \| 控制 \| 控制 \| 控制 \| \| N \| 6 018 \| 6018 \| 6018 \| 6018 \| \| R \| 0.0440 \| 0.5560 \| 0.045 8 \| 0.555 9 \| 注：\、\\、\\\分别表示10%、5%、1%水平上显著，括号中的数字为t值。表7给出了家族企业盈余操纵风险的中介效应检验结果。其中，第(1)列和第(3)列报告了模型(3)的检验结果，Pledge\_dum 对 ABSDA 的回归系数为 0.003 0，在10%的水平上显著；Pledge\_por对 ABSDA 的回归系数为0.013 4，在5%的水平上显著。这表明，控股股东股进行股权质押后，家族企业的盈余操纵风险会显著增加。第(2)列和第(4)列汇报了模型(4)的检验结果， Pledge\_dum 对Afcc 的回归系数为 0.0474，在10%的水平上显著，比表4中第(2)夕 Pledge\_dum 对 Afec 的回归系数与显著性均有所降低，且 ABSDA 对 Afce 的回归系数为0.098 8，在5%的水平上显著；Pledge\_pcr对 Afcc 的回归系数为 0.056 4，在10%的水平上显著，比表4中第(4)列Pledge\_per 对 Afcc 的回归系数与显著性均有所降低，且ABSDA 对 Afec 的回归系数为0.1048，在5%的水平上显著。以上验结果表明，盈余操纵风险(ABSDA)在家族控股股东股权质押与审计费用之间发挥了部分中介作用，即家族控股股东进行股权质押后会导致企业的盈余操纵风险增加，从而提高了企业的审计费用。由此可见，盈余操纵风险是家族控股股东股权质押影响审计收费的又一条重要路径。五、稳健性检验 (一)内生性问题 1.工具变量法本文在模型中可能遗漏了一些影响审计费用的变量，由此会产生由遗漏变量引发的内生性问题。为此，我们采用工具变量法来解决这一内生性问题。参考谢德仁等-1的研究，本文以同年度同行业其他公司控股股东股权质押率的均值(Pledge\_otherInd)作为工具变量，因为同年度同行业其他公司控股股东股权质押率的均值与控股股东股权质押变量相关，但不太可能直接影响审计费用。从表8中第(1)列和第(2)列的回归结果可以看出，家族控股股东股权质押与审计收费依然显著正相关，这说明前文的主要研究结论具有稳健性。。 2.PSM 配对方法为了解决股票被质押和未被质押的上市公司之间存在的差别，本文采用了倾向得分匹配模型(PSM)来缓解这一内生性问题。我们按照盈利能力(Roa)公司规模(Sizc)、资产负债率(Lcv)、控股家族持股比例(Fsh)、流动比率(Current)、地区人均 GDP(GDP\_people)进行1：11：3以及核匹配。表8中第(3)至第(8)列给出了检验结果，可以看出本文的主要研究结论依然成立。 3.家族控股股东股权质押变量滞后一期我们将家族控股股东股权质押变量滞后一期，再次进行检验，回归结果详见表8中第(9)列和第(10)列，结论仍然与前文保持一致，即我们的研究结论具有稳健性。 (二)重新度量审计费用本文的样本区间为2008—2017年，而各年度的审计费用可能会受通货膨胀的影响。为此，借鉴闫焕民等-5的研究，我们以2008年作为第一期，利用消费价格指数(CPI)来替代通货膨胀率，对样本区间各年度的审计费用进行调整，从而得到调整后的审计费用变量(Afec\_adj)。从表9中第(1)列和第(2)列可以看到，以 Afec\_adj 作为因变量时，主要回归结果与前文保持一致。同时，我们也重新对模型(2)进行了检验，结果仍然保持不变，由于受到篇幅的限制，未汇报这一回归结果。 T消费价格指数来源于 CSMAR数据库。表8 内生性检验 \| 变量 \| 工具变量法 \| \| 1：1近邻匹配 \| \| 1：3近邻匹配 \| \| 核匹配 \| \| 自变量滞后一期 \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 变量 \| (1) \| (2) \| (3) \| (4) \| (5) \| (6) \| (7) \| (8) \| (9) \| (10) \| \| 变量 \| Alee \| Alee \| Alee \| AIee \| Alee \| Alee \| AIee \| Alee \| Alee \| Alee \| \| Pledg(11IT1 \| *0.0474\\(2.08)* \| \| *0.053 5\(2.24) \| \| 0.0430~(2.06) \| \| 0.0332\\(2.17) \| \| 0.0356\\(2.03) \| \| \| pledgDer \| \| 0.0679(2.31) \| \| 0.0662(1.98) \| \| 0.0747(2.94) \| \| 0.0561(2.78) \| \| 0.0422(2.41) \| \| Size \| 0.3423 (15.07) \| Q.337 9^^(16.79) \| 0.3431(17.96) \| 0.3211\\ (18.72) \| 0.3330^(21.95) \| 0.3231(19.80) \| 0.2930\\\(17.95)* \| Q.2821^^ (21.80) \| 0.309 3~(21.42) \| *0.3086\\(21.39)* \| \| \| \-0.0570 (-0.09) \| \-0.0307(-0.10) \| *\-0.0508\\(-2.41)* \| \-0.0276 (-1.38) \| \-0.0119(-0.46) \| \-0.0161(-0.37) \| \-0.0119(-1.46) \| \-0.0261(-0.37) \| \-0.1029(-1.49) \| \-0.103 6(-1.51) \| \| Roal \| 0.1215(1.04) \| Q.2562^(1.72) \| 0.1586°(1.91) \| 0.2421(0.98) \| *0.3592\(2.23) \| 0.344 8\\(2.90) \| 0.0372(2.03) \| 0.2468\(2.00)* \| 0.428 4XXX(3.03) \| *0.4264\\(3.01)* \| \| 1095 \| *\-0.0860\(-2.13) \| \-0.0657(-1.54) \| \-0.0583(-1.71) \| \-0.062 3 (-1.49) \| \-0.0489\* (-4.86) \| \-0.0620\\ (-3.34) \| \-0.0587\* (-5.87) \| \-0.0896\\(-2.24) \| \-0.0877\\\* (-4.13) \| \-0.0874\\\(-4.10)* \| \| Res \| \-1.3011(-0.10) \| \-0.030 5 (-0.05) \| \-0.0241(-1.19) \| \-0.0156 (-0.30) \| \-0.023 8 (-0.17) \| \-0.0270 (-0.20) \| \-0.033 8(-0.12) \| \-0.0270 (-0.10) \| \-0.1367 (-1.18) \| \-0.1370 (-1.19) \| \| 1uy \| 0.0629(1.08) \| 0.1137(1.44) \| 0.0910(1.55) \| 0.099 9(1.01) \| 0.0912(1.54) \| 0.0817(1.23) \| 0.0820(1.56) \| 0.093 2(1.03) \| 0.0212(0.30) \| 0.0220(0.31) \| \| \| 0.1216(1.09) \| 0.0970(1.15) \| 0.0128(0.90) \| Q.092 3(1.20) \| 0.1137°(1.96) \| 0.0944(1.23) \| 0.1137°(1.76) \| 0.1143(1.54) \| 0.041 8(0.73) \| 0.0417(0.72) \| \| Big4 \| 0.368 3(0.81) \| *0.3820\(1.87) \| 0.3015(1.18) \| 0.330 8(2.01) \| 0.3014\\(2.17) \| 0.3347\^(2.19)* \| 0.344 4(1.17) \| *0.3587\\(2.23)* \| Q.3169(3.63) \| *0.3144\\\(3.60) \| \| Opinion \| Q.0204(0.06) \| 0.019 5(0.74) \| 0.0189(0.93) \| 0.0206(0.88) \| 0.0290(0.96) \| 0.0300(0.75) \| 0.0290(0.96) \| 0.0200(0.85) \| 0.0753(1.84) \| 0.0749(1.83) \| \| CDPpeople \| 0.0607(0.12) \| Q.0630(0.31) \| 0.0725°(1.91) \| Q.063 5(0.80) \| 0.072 8(1.23) \| 0.0637(0.91) \| 0.072 8(1.33) \| 0.0579(1.81) \| 0.1120(3.75) \| 0.1127\\(3.78) \| \| Currul \| 0.0637(1.06) \| 0.0573\(1.77)* \| *0.0157\\(2.47)* \| *0.0508\(1.74) \| 0.0557(2.18) \| 0.0519\^(2.14)* \| Q.0637(3.58) \| *0.0579\(2.84) \| 0.0289(0.96) \| 0.028 5(0.94) \| \| Cliange \| 0.017 5(0.08) \| 0.014 5(0.30) \| 0.0137(0.46) \| 0.016 3\(2.22)* \| 0.013 6(0.45) \| 0.0155(0.29) \| 0.0113(0.35) \| 0.012 5(0.49) \| 0.0004(0.01) \| 0.0012(0.02) \| \| Dual \| 0.0103(020) \| 0.0122(0.34) \| 0.0100(0.61) \| 0.0159(0.54) \| 0.0112^(1.76) \| 0.0151(0.59) \| Q.022 2 (0.86) \| 0.0151(0.69) \| 0.0032(0.23) \| 0.003 9(0.27) \| \| lndep \| 0.0706°(1.70) \| *0.0660\\(1.99)* \| 0.078 5(0.44) \| 0.0837(0.69) \| 0.086 6(1.87) \| 0.0927(0.78) \| 0.076 8(0.77) \| 0.1077(1.78) \| 0.1518(1.20) \| 0.148 8(1.18) \| \| Conslaul \| 0.7101(1.13) \| Q.6512(4.77) \| *0.5868\(1.65) \| 0.6304\(6.46)* \| *0.603 9\(1.71) \| 0.5271\(2.46)* \| *0.5939\(1.71) \| 0.5271\(3.46)* \| 0.669 6(11.86) \| 0.6745(11.83) \| \| Year (111I11 \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| \| lndusliy\_dun \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| \| \| 6 033 \| 6 033 \| 4711 \| 4711 \| 4588 \| 4588 \| 4 864 \| 4864 \| 4 845 \| 4845 \| \| R² \| 0.397 8 \| 0.388 2 \| 0.4457 \| 0.4651 \| 0.4440 \| 0.457 3 \| 0.4241 \| 0.4360 \| 0.5049 \| 0.504 8 \| *注：\\\\\\分别表示10%5%1%水平上显著，括号中的数据为t值。* (三)缩小样本范围参考刘白璐和吕长江的做法，我们依次剔除实际控制人持股比例小于15%和20%的样本，表9中第(3)至第(6)列展示了这一结果，主要研究结论依然没有改变，与此同时，我们还重复了模型(2)的回归，结论仍然与前文一致，由于受到篇幅的限制，未报告该检验结果。表9 重新度量审计费用和缩小样本范围后的检验结果 \| 变量 \| 重新度量审计费用 \| \| 剔除实际控制人持股比例小于15%后的样本 \| \| 剔除实际控制人持股比例小于20%后的样本 \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 变量 \| (1) \| (2) \| (3) \| (4) \| (5) \| (6) \| \| 变量 \| Afee\_alj \| Afec\_alj \| AIce \| AIcc \| Acc \| AIce \| \| Pleilge\_ilum \| *0.0271\(2.08) \| \| 0.0540\(2.52)* \| \| 0.049【(2.22) \| \| \| Plelge\_per \| \| *0.039 9\\(2.21)* \| \| *0.0617\\(2.23)* \| \| *0.0620\\(2.13)* \| \| Size \| *0.2242\(17.07) \| 0.237 7\\\(16.79)* \| *0.3356\\\(16.22) \| 0.3346\\\(16.11)* \| 0.3406(16.34) \| 0.3396(16.24) \| \| Lev \| \-0.0360(-0.19) \| \-0.0107(-0.20) \| \-0.033 5(-0.46) \| \-0.032 8(-0.46) \| \-0.0240(-0.32) \| \-0.024\[(-0.32) \| \| Roa \| 0.091 53(0.54) \| *0.086\[\(1.72) \| 0.426 6(2.82) \| 0.424 5\\\(2.80)* \| *0.423 4\\\(2.75) \| 0.422 8(2.74) \| \| 1055 \| \-0.186【(-2.13) \| \-0.165 3(-1.74) \| \-0.058 4(-3.22) \| \-0.057 6\(-3.17)* \| \-0.058 5(-3.20) \| \-0.057 8(-3.15) \| \| Res \| \-0.301 8(-1.10) \| \-0.340 9(-1.05) \| \-0.027 7(-0.20) \| \-0.0271(-0.20) \| \-0.040 6(-0.30) \| \-0.040 5(-0.30) \| \| Tny \| 0.1627(0.08) \| 0.197 5(0.44) \| 0.1187(1.45) \| 0.1172(1.43) \| 0.0920(1.10) \| 0.088 8(1.06) \| \| Fsh \| 0.0216(1.09) \| 0.0370(1.16) \| 0.1204(1.49) \| 0.1180(1.46) \| 0.130 6(1.57) \| 0.130 9(1.57) \| \| Big4 \| 0.1683°(1.81) \| 0.3820°(1.87) \| *0.326 8\\(2.37)* \| *0.322 4\(2.33) \| 0.3263\\(2.37) \| 0.322 4\\(2.34) \| \| Opinion \| 0.120 41.06) \| 0.1195°(1.74) \| 0.022 3(0.60) \| 0.023 3(0.63) \| 0.0324(0.83) \| 0.033 2(0.86) \| \| GDP\_pcoplc \| 0.160 6(1.12) \| 0.163 3 (1.31) \| 0.064 3(0.93) \| 0.064 3(0.93) \| 0.0669(0.95) \| 0.067 9(0.97) \| \| Currenl \| 0.003 5°(1.66) \| 0.0072°(1.87) \| 0.066 6(2.15) \| 0.066 7(2.16) \| 0.063 6\\(1.98) \| 0.063 8\\(1.99) \| \| Change \| 0.8175(1.08) \| 0.8145(0.99) \| 0.006\[(0.20) \| 0.0070(0.23) \| 0.0011(0.04) \| 0.002 9(0.10) \| \| Dual \| 0.2010(1.10) \| 0.2125(1.34) \| 0.0129(0.68) \| 0.0137(0.72) \| 0.0149(0.80) \| 0.0154(0.82) \| \| Inilep \| 0.7706°(1.79) \| 0.6660\\\(2.99)* \| 0.107 6(0.71) \| 0.1077(0.72) \| 0.167 2(1.09) \| 0.169 9(1.12) \| \| ConsLanl \| 0.0210【(2.13) \| *0.0312\\(3.75)* \| *0.994 4\\\(5.45) \| 0.9984\\\(5.46)* \| *0.833\(5.24) \| 0.8251\\\(5.24)* \| \| Ycar\_um \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| \| TnilusLry\_tlum \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| 控制 \| \| N \| 6 033 \| 6 033 \| 5 955 \| 5 955 \| 5 804 \| 5 804 \| \| R \| 0.197 8 \| 0.1682 \| 0.5307 \| 0.5202 \| 0.5144 \| 0.5249 \| 注：\、\\、\\\分别表示10%、5%、1%水平上显著，括号中的数字为t值。六、研究结论与启示控股股东股权质押及其相关研究虽然已经引起了学术界的普遍关注，但鲜有学者讨论家族企业控股股东股权质押所产生的经济后果，尤其是对审计师收取审计费用的影响。为此，本文以2008—2017年中国A股上市家族企业作为研究对象，深入考察了控股股东股权质押与审计费用之间的关系，并进一步探讨了 CEO 来源对两者关系产生的调节效应。研究发现，家族控股股东股权质押与审计师收取的审计费用显著正相关；同时，与家族 CEO 相比，非家族 CEO 会显著地削弱家族控股股东股权质押与审计费用之间的正向关系。机制探讨表明，公司治理风险与盈余操纵风险均是家族控股股东股权质押影响审计费用的重要途径。最后，控制潜在的内生性问题，并重新替换变量和缩小家族企业样本范围后，我们的研究结论依然成立。本文不仅将控股股东股权质押拓展至家族企业层面进行了研究，也丰富和补充了审计收费的相关文献，因而对于审计师实施差异化的收费策略具有一定理论贡献。本文研究结论表明，控股股东进行股权质押后会导致家族企业的审计收费增加。这说明，家族企业控股股东进行股权质押所产生的风险能够被审计师识别，因而审计师会通过收取更多的审计费用来予以补偿，同时，由于非家族 CEO 具有治理作用，这将使得家族控股股东质押股权后的利益侵占动机减弱，进而有助于降低审计师所面临的公司治理风险与盈余操纵风险。因此，对于存在控股股东股权质押的家族企业，审计师可以根据企业 CEO 的不同来源来制定差异化的收费策略。此外，本文的结论还有助于二级市场上的中小投资者识别上市家族企业的风险，其可以根据家族控股股东质押股权的情况进行投资决策，但对于家族控股股东股权质押率较高的企业应持谨慎态度。参考文献： \[1\]李常青，李宇坤，李茂良.控股股东股权质押与企业创新投入\[J\].金融研究，2018(7)：143-157. \[2\]李作奎，武咸云.融资约束与企业投资关系研究：基于家族控制的负向调节作用分析\[J\].科研管理，2017(2)：10I-111. \[3\]张俊瑞，余思佳，程子健.大股东股权质押会影响审计师决策吗：基于审计费用与审计意见的证据\[J\].审计研究，2017 (3)：65-73. \[4\]张龙平，潘临，欧阳才越，等.控股股东股权质押是否影响审计师定价策略：来自中国上市公司的经验证据\[J\].审计与经济研究，2016(6)：35-45. \[5\]翟胜宝，许浩然，刘耀淞，等.控股股东股权质押与审计师风险应对\[J\].管理世界，2017(10)：51-65. \[6\]葛永盛，张鹏程.家族企业资源约束、外部投资者与合同剩余\[J\].南开管理评论，2013(3)：57-68 \[7\]郑国坚，林东杰，林斌.大股东股权质押、占款与企业价值\[J\].管理科学学报，2014(9)：72-87. \[8\]谢德仁，廖珂.控股股东股权质押与上市公司真实盈余管理\[J\].会计研究，2018(8)：21-27. \[9\]王斌，蔡安辉，冯洋.大股东股权质押、控制权转移风险与公司业绩\[J\].系统工程理论与实践，2013(7)：1762-1773. \[10\] Audit analyLics. 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The moleralor - meliator variable listinction in social psychological rescarch： Conceplual， stralegic，anl stalistical considleralions\[J\].Journal of Personalily anl Social Psychology，1986，51(6)：1173-1182. \[50\]闫焕民，刘宁，陈小林.事务所转制是否影响审计定价策略：来自我国上市公司的经验证据\[J\].审计研究，2015(5)： 93-10L Controlling shareholder's share pledge， source of CEO and audit fees： Empirical evidence from listed family firms SU Chun， Llu Xing _(1. School of Accounting， Chongqing University of Technology， Chongqing 400054， P. R. China；2. School of Economics and Business Administration， Chongqing University， Chongqing 400044，P. R. China)_ Abstract： In recenl years. with the rapid developinent of sociely und econony. controlling shureholder's shure pledge has becone a very cominon phenonenon in China capital iurkel. The so-culled share pledge of controlling shureholders refers lo a debt finuncing inethod in which controlling shureholders pledge their own shares lo banks. securities conpanies. lrusl conpunies and other financial inslitutions lo oblain credit funds. This finuncing inethod has inore advunlages than other finuncing inelhods in lenns of convenience and rapidily. which can quickly help controlling shareholders solve the problein of cupital shorlage.bul also irkes enlerprises face the risk of conlrol trunsfer.For this reason.lthe shire pledge behavior of conlrolling shareholders of lisled conpanies has aroused widespread concern in the ucadeinic and pructicul circles. Although exisling reseurch has explored the influence of controlling shareholder’s share pledge on corporle audit fees. few scholurs have gone deep inlo the fanily firins level to explore the relationship belween controlling shareholder’s share pledge and audit fees. To this end. this urlicle lakes China’s A-share listed funily conpanies froin 2008 to 2017 as the reseurch objecl. deeplyYexunines the inpacl of conlrolling shareholder’s share pledge on audit fees， and unalyzes the inoderuling effecls of CEO froin differenl sources. On this busis. we have carried oul research design. consrucled relevanl research inodels. and verified the relevunl inechanisins and hypotheses proposed in the urticle through descriplive slulislical unalysis， correlation unalysis. inultiple regression analysis and inechanisin unulysis. The sludy finds that the share pledge of fainily conlrolling shareholders is significunlly posilively correluled with the audit fees chaiged by audilors. At the sune tiine. conpared with faunily CEO. non-ftnily CEO will significuntlyy weaken the posilive correlalion belween the funily controlling shareholder’s share pledge and audit fees.Further analysis finds that the controlling shareholder’s share pledge will lead to a significunt increase in corporale governance risks and eurnings mnunipulalion risks. thereby increasing the audit fees of the funily firins. Finally. ufter considering polential endogenous issues， re-ineasureinent of audit fees， and narrowing the suinple ruange of faunily firins、 our reseurch conclusions reain unchanged. The above reseuch conclusions show thal the risk arising fron the shure pledge by the controlling shareholder of the funily firins can be idenlified by the auditor. therefore the audilor will conpensule by charging inore audit fees. At the suine tine. the non-fiunily CEO can reslricl the funily controlling shureholder’s benefit encroachinent. which will help auditors lo beller identily the risks urising froin the funily conLrolling shareholder’s share pledge. Therefore. audilors can iinpleinent differenlialed charging stralegies bused on the differenl sources of ftnily firins CEO. This arlicle not only exlends the conlrolling shareholder’s shire pledge lo the ftinily firins level for reseurch. but also enriches and suppleinenls the relevant literulure on audit fees. So. it has cerlain theorelical contributions and praclical significance for audilors lo iinpleinent differenliuled charging stralegies. Key words： fanily firins： conlrolling shareholder's share pledge： source of CEO： audit fees (责任编辑傅旭东)	__label__neg	null	null	null	null	null
zh	N/A	N/A	低效探究"的现象及成因剖析探究学习是新课程改革积极倡导的学习方式之一，但由于教师对探究学习缺乏足够的认识与研究，因而出现了许多值得关注和反思的问题，在教学实践中并没有达成预期的探究目标与效果，甚至严重背离了探究学习的本质，出现了探究成效低下或是没有成效的探究活动，我们姑且称之为低效探究或无效探究。笔者试图就小学数学学习过程中产生低效无效)探究现象的成因作一剖析，以期去伪存真，恢复探究学习的本真面目，共同提高探究实效。一、被动探究所谓被动探究"就是在学习过程中看似老师在引导学生探究”实则学生并没有产生积极探究的动机与欲望，整个探究过程由老师牵着鼻子走。这样的探究"活动不能体现探究学习能明确课堂听”的目标，同时在课堂教学中更关注于相关知识的呈现。五、教以方法善听善思教师还应该适时教给学生听”的方法，培养其听”的能力。当学生开始认识到听”的重要性时，教师就要试着引导学生，善听者往往也是善于思考的好学生。要养成善听，就要学会倾听的方法： (1)猜想发言的同学会说什么。当课堂上教师提出问题时，要求学生先静下心来想一想，如果这个问题由我来回答，我会怎么表达；让其他同学来回答，他们会如何回答。的本质，其实是一种假探究"。 \[案例、圆的认识》教学片段一位教师引导学生认识圆心、半径、直径以及其他特征。师：谁能说说你是怎样画圆的?生：找一支点支在纸上，转圈...... (师边示范画边小结圆的画法) 师：固定的一点叫圆心，用字母○表示。圆心0有什么作用呢? (2)对同学的观点进行归纳。有同学在回答问题时，自己应做到不插嘴，不与其他同学讨论，仔细听同学的发言，并对他的观点进行归纳。 (3)想一想他说的有没有道理。把同学的观点与自己的观点、刚才猜想的其他同学可能出现的观点进行比较，思考他说的有没有道理。如果觉得与自己的观点不同，可用我认为......”我想补充说明......”等方式与大家交流。六、以身作则及时反馈教师要让学生认真听讲，，首先自己应该学会倾听。课堂上不管是好学师进一步启发：你们画的圆心在什么地方?老师画的圆心又在什么地方?再想一想圆心有什么作用呢? 生：圆心可以决定一个圆的位置。师：观察两脚间的距离有没有变化?你能用什么方法表示出这一距离? 生：从圆心到圆上画一条线段。师：这条线段的两个端点分别在哪里? 生：在圆心和圆上。师：连结从圆心到圆上的线段叫做半径，半径用字母r表示。谁能说说什么叫半径?半径又有什么作用呢? 老师想放"又不敢放"，或不知道怎么放"，师生之间一问一答，课堂提问琐碎，学生的思维空间狭小，缺乏生还是潜能生，无论是说对了还是说错了，无论是说得清楚明白还是语无伦次，教师都要专注地倾听，不能有半点不耐烦，更不能随意打断学生的发言。在倾听的过程中如发现学生困惑的焦点、理解的偏差、观点的创意，应及时给予点拨或建议。倾听的习惯养成是需要时间的，教师切莫急于求成。在训练过程中要有针对性，从小处练起，循序渐进地分项进行练习，才能取得良好的效果。 (浙江省绍兴县实验小学 312031) 自主思考与探究的余地。究其原因，是因为老师没有仓设好把学生思维引向纵深的问题情境，学生始终处于被动状态，失去了探究学习的价值。二、指向不明实施探究学习，首先要有明确的探究目标，只有这样才能灵活运用科学的探究方法，进行有意义、有价值的探究活动。可不少教师并没有从教材的内容特点和学生的实际需求出发，来引导或帮助学生确立明确具体的探究目标，从而导致探究活动陷入一种漫无边际的盲目活动之中。 \[案例、认识乘法》教学片段为了沟通数学与生活的联系，教师创设了一个生活情境，出示了动物园里的一角”。教师引导学生观察并提问你发现了什么”。生：我发现小河里的水在不停地流! 生：我发现小兔在小河边摘蘑菇呢! 生：我发现小鸡的头在一动一动的，它们在啄米还是捉虫子? 生：我还发现有两座房子，那是小兔的家还是小鸡的家呢? 十多分钟过去了，学生不断有新的发现，教师也在肯定中不断提问你还发现了什么"，于是，学生又有很多新的发现。情境创设固然生动，学生情绪也确实高涨。但是，十多分钟过去还纠缠在你发现了什么"，远远没有切入正题，其效率实在低下。这与教师没有及时引导学生明确本节课的探究目标大有关系。目标不明，学生的思维始终在浅层次的交流与发现中徘徊。再则，画面过于生动，情境过于丰富，太多的干扰"容易分散学生的注意力，从而冲淡了本节课的探究主题。三、流于形式很多教师把探究学习当做一种时髦与摆设，没有真正理解探究学习的本质特征，在教学中片面追求形式上的探究，而忽视了探究实效。这样的探究学习不仅不能解决问题，还会迷失教学的方向和目标。 \[案例\]三角形内角和》教学片段教师先引导学生猜想三角形内角和为180度，再说明猜想的合理性。师：请各个小组组织讨论，用你们自己的方法去验证猜想的结论是否正确。学生纷纷拿出课前准备的直尺、三角板、剪刀和三角形纸片等材料，通过剪剪、画画、拼拼，认真地尝试着。只一会儿，教师便示意学生停止探索验证，也没有组织学生进行全班交流，而是用多媒体课件演示教材中的剪拼方法验证...... 上述探究活动的安排与设计，本是一个非常好的让学生动手实践、自主探究的内容。可惜的是，当学生兴趣正浓、劲头正足的时候，教师却中断了学生的合作探究。很明显，探究时间不够充分。再则，学生自主探究之后，教师并没有组织学生进行经验的交流与分享，而是机械地演示预先设计好的课件。这样的探究只是一种表面探究，是一种没有任何价值的形式探究。四、缺乏指导在教学中，有的教师该给学生引导的不引导”，该给学生讲解的不敢讲”，唯恐被别人冠以理念不新"的帽子。有的教师为了充分体现学生的学习自主性，让学生在课堂上漫无边际地去自由探索、信马由缰，在关键之处缺乏教师有效的指导，致使探究效率低下。 \[案例【能被3整除的数的特征》教学片段教师激趣引入课题：以前都是老师出题考你们，，今天咱们换一下，让大家出题考老师。你们随便报一个数，由我来判断能不能被3整除。"学生顿时活跃起来，纷纷报数。生：43。师：不能。生：723。师：能。生：573618。师：能。到底怎么回事，学生面面相觑，教师及时抓住学生渴求知道原因的心理，让学生自主探究能被3整除的数的特征，但由于学生受到了能被2、5整除的数的特征要看个位"的负面干扰，所以根本无从下手，探究不出个究竟来。时间在不断地流逝，无奈之下，教师只好向学生分步教学能被3整除的数的特征。教师重视激发学生的学习兴趣，但却忽视了探究过程中教师的有效指导。再则，由于教师没有充分把握学生的先前经验与认知水平，设计的探究活动缺乏层次性与可操作性，从而致使整个探究活动没有落到实处，最终只好匆匆走过场。教师是学生学习的组织者、引导者、合作者。探究学习不是不要教师指导，关键是教师如何履行好自己的职责与义务，当好学生学习的伙伴与朋友。正如荷兰教育家弗赖登塔尔所说：指导再创造意味着在创造的自由性和指导的约束性之间，以及在学生取得自己的乐趣和满足教师的要求之间达到一种微妙的平衡。” 毋庸讳言，探究学习费时，进程缓慢；探究过程随机性大，结果难以调控，常常偏离预期目标，这些都是客观存在的问题。要提高探究学习成效，笔者认为，一方面教师要正确处理课程目标与课时目标之间的关系。在设计探究活动时，教师既要考虑探究过程的顺利展开，又要保证学习成效。另一方面，教师要注意培养学生良好的探究习惯与能力，以保证探究活动的有效实施。同时，教师自身也应不断积累经验，增强探究过程的实时调控能力。 (浙江省义乌市福田小学322000	__label__neg	null	null	null	null	null
zh	N/A	N/A	全球化视域下法学教育改革的思考艾琳 (吉林大学法学院，吉林长春 130012) 〔摘要在全球化的洗礼中，法学作为公共秩序的确立者与维护者，必然要经受比经济学、政治学、社会学等其它学科更多的价值拷问，它需要法学教育宣誓自己的价值选择，改革教育手段和方式，引领法律人走出全球化所带来的困境。法学教育要应对全球化，实现司法伦理、专业知识、职业技能的有机融合，就要以伦理教育为根本，以精英教育为途径，以职业教育为目标。〔关键词〕全球化；法学教育改革；伦理教育；精英教育；职业教育〔中图分类号〕G521 〔文献标识码〕A 〔文章编号〕1002-8064(2014)01-0027-04 全球化正深刻地改变着国际格局，调整着世界各国的社会生态与发展方式，影响着人类既有的意识形态与价值观念。在全球化的洗礼中，法学教育面临着前所未有的危机与挑战。有着各自文化和传统的不同国家和地区中原本独立的法律制度体系表现出前所未有的开放性。作为公共秩序的确立者与维护者，法学必然要经受比经济学、政治学、社会学等其它学科更多的价值拷问。这些拷问已远远超出工具理性的范畴，它需要中国的法学教育宣誓自己的价值选择，改革教育手段和方式，引领法律人直面全球化所带来的严峻挑战。为了应对新时期法学教育面临的紧迫任务，中共中央政法委员会、中华人民共和国教育部于2011年12月23日下发了教高\[2011\]10号文件——《卓越法律人才教育培养计划的若干意见》，正式启动了“卓越法律人才教育培养计划”，并在全国首批建立23个“涉外法律人才教育培养基地”，这是我国法学教育应对全球化的重大举措。现代法治国家对法律职业人员的要求大体可以概括为人文素质、法律专业知识、法律职业技能三个方面。这三个方面也是法学教育全球化的主要研究内容。笔者认为，法学教育要应对全球化，人文素质教育当以伦理教育为根本，法律专业知识教育应以精英教育为途径，法律职业技能教育要以职业教育为目标。一、强化伦理教育虽然不同国家在法律制度和教育理念上呈现出巨大差异性，但是对法的基本价值的理解是一致的。在中国，“法”的繁体汉字是“渡”。说文解字中，“渡刑也，平之如水，从水；腐，所以触不直者去之，从去。”从水，表示法律、法度体现的应是公平如水；鷹，是传说中远古时期的一种独角神兽，它生性正直，有着明辨是非、判断曲直的神性，在人类相互之间发生纠纷时，它用其独角“触不直者”；从去，表示“不直者”败诉。“水”和“去”也正是简体汉字“法”的组成部分。无独有偶，在西方罗马神话中，司法女神Jus-titia 一手持天平、一手持宝剑，蒙上双眼“用心灵观察”，秉持“Fiat justitia ruat caelum"的法义，意思是“即使天崩地裂也要让正义得以伸张”。无论是中国的“腐”还是罗马的“Justitia”，都被赋予了“正义”这一神圣的光环。这种一致性为不同社会制度和文化条件下的法律相互交流借鉴搭建了共同平台，成为法学教育全球化的奠基之石。 “法律必须被信仰，否则将形同虚设。”?应当看到，全球经济的飞速发展在为人们提供了越来越多的物质财富的同时，也为拜金主义和功利主义提供〔收稿日期)2013-10-16 〔作者简介)艾琳(1982-)，女，吉林大学法学院，博士研究生，研究方向：法学教育。了沃土。在这种背景下，世界范围内的许多法律工作者在践行法律的过程中下意识的经历了“人格异化”的过程，他们当中的一些人利用熟谙法律技巧而攫取利益，丧失了捍卫正义的信念，与法的基本价值渐行渐远。2007年8月29日，美国耶鲁大学法学院开学典礼上，院长 Harold Hongju Koh 说：“Never Let you skill exceed your virtue... excellence without hu-manity is worthless... accomplishment without humili-ty is tragic.(永远别让你的技巧胜过你的品德...缺乏人性的杰出是卑微的...没有谦逊的成就是可悲的)”由此可见，法学教育中最为重要的不是法科学生对法的概念和应用技巧的掌握，而是引导他们从灵魂上确立对法的信仰和对法的敬畏。从这个角度讲，人权要人法，良心也要人法。法学教育不仅要遵循自然和社会发展的一般规律，还应体现人类道德。因此，弘扬法的精神、培育法的观念、传播法的内涵，理应成为法学教育的基本要义。通过法学教育促使法科学生树立崇高的法律信仰，使法的精神内化于心而外化于行，善用法律利器“触不直者”。当前我国法学教育无论是本科阶段还是研究生阶段，对司法伦理和职业操守方面的教育都不够重视，相关内容多被放在学生走出校门进人司法工作之后。伦理教育的缺位，为司法队伍提供了大量的潜在“腐败免疫缺失者”。因此，提高司法伦理教育在整个法学教育中的比重应是法学教育改革的重要内容。笔者建议，法学院每学年至少开设两门司法伦理方面课程，课时安排可长可短，以求达到“警钟长鸣”的效果。同时还要改革司法伦理教育的方法和对学生的评价方式：首先，要进行必修课式的课堂教学，传授关于人权、良知、道德等方面的相关知识，并以考试的方式考察学生成绩。其次，要组织学生观看教育影片，参加“下乡”或“支边”活动，并以论文的方式考察学生的成绩。第三，要建立与司法机构的联合培养机制，让学生通过与法官、检察官、公证员、律师、警察、当事人等的交流，潜移默化地增强对司法道义的感知与认同。另外，在伦理教育的实施过程中，要培养学生的国际视野，让他们学会分析并尊重不同国家、不同文化、不同社会制度之间在司法方面的差异。二、重视精英教育改革开放以来，随着社会经济水平、政治水平的不断提高，我国越来越重视民主法制建设，法学教育进人快速发展时期。尤其是从1999年开始，随着全国范围内的高校扩大招生规模，中国的法学教育呈现出“大众化”的趋势3。这种“大众化”教育的确在特定的历史时期内起到了积极的作用，缓解了社会对一般法律专业人才的需求。然而，随着时代不断发展，“大众化”的教育模式已经无法适应我国经济社会发展对不同层次法学人才的客观需求。当代社会对适应全球化的跨学科、跨体制、跨文化的高水平复合型法律人才的需求已经达到如饥似渴的程度。人是自然界的生物，对于任何一个人类族群而言，其内部所有成员的先天智力优势和后天竞争能力都具多样性。这种多样性的发展必然会导致一部分人脱颖而出，成为族群中的精英。这些精英身上带着族群普遍认同的制度与文化印记，又有能力作为族群的代表与其他族群进行交流和沟通。法科学生群体也是人类族群，因此“族群精英规律”在法学教育中也必然适用。很多国际法学论坛、国际法学会议都是由“超级国家”的“超级大学”的“超级学生”们在唱主角，这也一定程度上印证了该规律。因此，法学教育要迈向全球化必须把培养精英放在十分重要的位置上。笔者认为，在如何看待“精英教育”的问题上，人们存在两个主要误区。第一个误区为“面对少数人的教育即为精英教育”。有些院校对法学专业进行缩招甚至停招，认为在教育资源总量确定的前提下减少学生人数，就能够增加每个学生的“含金量”。然而，重点院校也有“凤尾”，普通院校也有“鸡头”，只靠学生数量来判断是否是精英教育，否定了精英学生和普通学生在教育资源需求上的差异性。第二个误区为“时间长的教育即为精英教育”。很多院校认为通过读硕、读博延长学生在校学习时间，就能够增加每个学生的“含金量”，从而简单地将精英教育混同于研究生教育。事实上教育时间并不等同于教育质量，就业市场上因高学历低能力而败北者俯拾皆是。本文所阐述的“精英教育”的内涵是：在承认客观存在的“学生智力金字塔”的基础上，根据“金字塔”的层次设置课程体系，并根据学生在“金字塔”各个层次中分布的变化情况对课程体系进行动态调整，从而保证能为不同学生特别是发展水平较高的精英学生提供适合他们快速发展的课程体系和教育条件。根据上述思想，笔者提出下列课程改革方案：在法学院设置六个课程类型，一类为司法伦理必修课，如司法伦理学、法律职业道德；二类为法学基础理论必修课，如法理学、中国法制史；三类为专业理论必修课，如国际经济法、刑法学；四类为法学相关交叉学科选修课，如政治经济学、计算机取证；五类为法律实践课程，如案例研讨、模拟法庭；第六类为法学前沿专题课程。学生能否选择某门课程，与学生所在年级无关，只取决于该生是否已经修完该门课程要求的所有前课。当然以上只是一个简化版的示例，具体操作过程中还要考虑每个学校的学科优势、办学特色以及教育资源条件。 “精英教育”有利于高校教育资源的按需分配，让处于“金字塔”不同层次的学生各取所需。精英学生结合自己的优势与兴趣培养综合能力，成为全球化人才的储备；普通学生则通过修满学分完成“大众化”水平的高校教育，满足我国法制发展对不同层次法律人才的多样化需求。另外，在教育过程中还要正确引导和培养学生们的全球化意识，打破学生可能产生的思维定式。全球化不是“英语化”要让学生理解不同法治制度间的主要差别在于社会文化内涵而非语言表达方式。全球化不是“西化”，英语学得好不等于能够处理跨域、跨境的法律问题，因此，要引导学生不仅要向英美等西方发达国家学习，还要善于借鉴非洲、拉美、南亚等国家优秀的法律文化制度。这对他们以后顺利地进人国际学术和职业前沿领域，成长为适应全球化发展要求的高层次法律人才，善于解决不同国家间的制度冲突，更加有效地发挥法在促进国际经济贸易、文化交流、人员往来以及危机处置、纠纷解决中的作用具有重要意义。三、改善法学教育与职业教育的关系在全世界范围内，包含英、美、法、德等在内的很多国家均以“职业教育”作为法学教育的主旨。然而在我国，法律职业准人制度与法学教育制度互相分立，这种制度设计使得“职业教育”成为法学教育难以逾越的鸿沟，这与法学教育全球化的宗旨是相悖的。改革开放以来，我国民主法治建设要求法学教育快速发展，全国法学院系数量和招生规模逐年激增，这必然导致法学教育以培养法学师资和法学研究人员作为重点。这段时间内法学教育呈现“学术化”的趋势是时代的必然选择。然而经过几十年的发展，全国的法学院系的数量和招生规模均达到较高的水平，社会发展对于法学师资和研究人员的需求大幅度缩减，而对法律实务人才的要求却逐年提高。这表明法学教育的天平向“职业化”方向倾斜时代已经到来。从职业准入制度设计的角度来看，我国司法考试是唯一一道进人法律职业的门槛，其报考条件为“具有高等院校法律专业本科以上学历，或者高等院校其他专业本科以上学历具有法律专业知识”，然而实际报考操作过程中，并没有建立一种程序或标准来确认法学专业以外的学生是否真正“具有法律专业的知识”。这种制度在事实上允许所有具有本科及以上学历的人报考，再加上司法考试过程中难以避免而又终将被利用的模式化规律，使法律职业不可避免地成为了“谁都能做的万金油”。有数据证明，全国司法考试的社会平均通过率约22%，而全国政法院校毕业生的平均通过率只有24%。这种现状对法学教育产生了巨大的负面冲击，使法学教育不断地脱离了法律实务，正如贺卫方教授所说，“由于法律职业与法律教育的脱节，我们的法律实务难以成为专业知识得以生长的温床，书斋里的高头讲章与操作中的章法混乱形成了强烈的反差。”5\] 笔者认为，中国的法学教育要与全球化接轨必须实现向“职业教育”的回归，其改革的重点集中在如下三个方面： (1)师资职业化法学院系的师资擅长学术研究但职业化教学实力不足，面检察院、法院、律所等法律实务部门的执业者长于实践经验但缺少系统的理论教学经验，在法学教育中将双方有机结合可以实现优势互补。其一，从法律实务部门中挑选高学历的执业者担任对应课程的主讲教师；其二，安排有潜力的教师到专业课对应的法律事务部门挂职，通过亲自参加法律实践提高法律职业教学的能力和水平。 (2)实践拓展化在职业化法律技能教学中，实践教学具有十分重要的地位。当前实践教学的主要问题在于，由于机制和体制的壁垒效应，公检法、律所等法律实务部门当前所提供的实践实习资源远远无法满足法学专业学生的需求。为解决这一问题，中国政法大学、吉林大学、武汉大学等高校联合中央到地方的各级司法机关和法律行业组织等37个国内协同单位及16个国外协同单位，共同组建“司法文明协同创新中心”6\]。这为学校拓展实践资源开辟了一条有效的路径。但也必须看到，在公检法、律所等法律实务部门之外，众多企事业单位也都有法务部门，每个单位的司法实践资源虽然有限，但是这些单位数量庞大。将这些企事业单位纳人“司法文明协同创新中心”，不仅可以为法学教育提供十分广阔的实践实习资源，也能够与更多样化的盟友单位增强法律联系、共享法律资源。 (3)司考专门化司法考试是法律职业化的重要关口。我国司考开始之初，法学专业学生严重不足，因而允许非法学专业的人员参考有一定的合理性，可是随着法学专业毕业生的饱和，这种“先天不足”在法律实务中逐渐显露出来。为了保证法律执业人员的整体素质，有必要将司法考试从社会性考试转变为行业性考试，通过制度改革将正规法学教育确立为法官、检察官、律师等核心法律职业的必要条件。另外，可以考虑在重点法学院校进行司法考试课程资质认证，使得修够特定课程且成绩优秀的学生可以直接取得司法考试合格证书。总之，法学不仅是价值的“拷问”、朴实的“学问”，还在于它具有鲜明的“实用性”。因此。在全球化和政治变革、社会转型的背景中，促进司法伦理、专业知识、职业技能的有机的融合，强化伦理教育、精英教育和职业教育，是法学教育改革的必然趋势。〔参考文献〕 \[1\]李磊.论法律职业化与法学教育改革\[J\].民族教育研究.2013，24(1)： P.123-127 \[2\]\[美\]哈德罗口J口伯尔曼.法律与宗教\[M\].梁治平译.北京：中国政法大学出版社，2003， P. 3. \[3\]尹超，刘金国.科学发展观视野下的法学教育CJ\].法学杂志.2009，10： P.32 \[4\]徐敏.法学教育：“职业化”理解需宽泛\[N\].解放日报.2009年1月8日第007版 \[5\]贺卫方.中国法律职业：迟到的兴起和早来的危机\[J\].社会科学.2005，(9)： P.90 \[6\]张文显，张保生，王树义，柳经纬，突破机制体制壁垒，组建培育司法文明协同创新中心\[J\].中国高等教育，2013，(9)： P30-33 Thinking on Legal Education Reformwithin the View of Globalization _AI Lin_ (Law School JLU， Jilin Changchun 130012 China) Abstract： In the tide of globalization， Laws stands as the establisher and protector of the public order thus is destined to receive more value torture than other disciplines like economics， politics， and sociology. Legal education needs to announce its value tendency， to reform the method and mode of education， and to lead the legal staff in conquering the difficulties brought by globalization. Judicial ethics， professional knowledge and vocational skills have to seamlessly fuse together for the legal education to cope with glo-balization. In the fusing procedure， ethies education acts as the basis， elite education acts as the way， vo-cational education acts as the target. Key words：globalization， legal education reform， ethics education， elite education， vocational education	__label__neg	null	null	null	null	null
zh	N/A	N/A	广电视听李圆圆电视科教节目影响力的打造津电视台科教频道《科教大视野》天是天津电视台唯一一档推广传播科学、教育方面知识的电视节目，但自节目开播至今，其影响力并不尽如人意。笔者下面就如何提高《科教大视野》(以下简称《科》)的影响力谈些自己的看法。科教节目的定位以及《科》的定位科教节目定位为传播分析讲解科学知识，以宣传科教知识为主，充分利用电视的技术优势，使信息得到广泛有效的传播，避免说教和过于专业化。具体到《科》，它表明围绕“普及科学知识，指导幸福生活”的宗旨，讲述生活中的式的报道样式、方法，开掘出新闻事实中蕴涵的信息内容，以变化的文体反映丰富的新闻内容，来提高新闻报道的质量，增强可视性与社会功能。首先就是新闻信息内容的创新。在被记者精心摄取的新闻事实中，充斥着记者要表明的态度、电视要宣传的意识形态、思想性和指导性，这要求信息内容要更具有可视性、更有“嚼头” 正是基于这样的认识，龙口电视台在策划《环境建设年大家当裁判》时，注意推陈出新，扬长避短：利用“漫画”的方式，将记者拍到的一些不文明现象，做成了一幅幅具有讽刺意味的图像。比如记者在城里抓到了“有人养牛”这个猛料，按照以往的报道形式，记者在摆出现象以后，要发表一番议论。实践证明，观众已经对于说教式的新闻不感兴趣，甚至产生了“厌恶”的心理。记者在做这个片子时，注意到了创新。出场的先是一个动画人物，继而传来一声牛叫，动画人物的头脑中显出问题来买一城里?乡下?然后是一个个记者拍到的科学知识，同时依托天津教育资源，配合热点问题，为社会各界提供考试、就业等方面的帮助。《科》收视低迷的原因 1.缺乏故事性目前，国内的科教节目制作，主要用悬念吊观众胃口，用故事来讲解复杂难懂的科学知识，使观众一目了然，是现在科教类的节目的基本叙述风格。《科》报道新闻没有波澜起伏，很难吸引观众。 2.单一的节目推广方式央视十套的《百家讲坛》节目走红之后，衍生出各种出版物，如图书、音因养牛而形成的“脏、乱、差”现场，最后点出——养牛就在城里的庙沟市场。整个片子一气呵成，没有一点议论，但是观众一看就明白记者的真实意图。这样，教育效果就在“兵不血刃”中形成了。其次，节目制作形式要“突围”。记者采访回素材后，就看制作人员如何将这些“猛料”加工成可口的“饭菜”在制作时，我们充分考虑到了字幕的点缀作用。比如我们采访了一期家长接送孩子放学时堵塞交通的现象。在制作字幕时，制作人员将“这里是车水马龙的马路”这几个字作成起伏的波状字体，让观众有一种身临其境的感觉；在处理几个家长在路边给孩子穿衣服的镜头时，我们没有多费口舌，而是在画面上晃动着一个大大的问号，我们所要表达的意思跃然于屏幕上了；结尾词-“这里的马路何时不再拥挤?”这几个字的制作让我们着实费了一番脑筋，琢磨来琢磨去，最后，我们将问号突出了出来，让问号先出场，在画面上晃动着，继而出来文字，这种表达效果远胜千言像制品等，巩固收视群体，形成一条产业链，带来了可观的经济收入，是十分理想的节目运作方式。《科》在新闻产品销售上没有突破，没有形成与之相对应的产业链条，很大程度上不利于扩大影响力。 3.对节目影响力的重视不够《百家讲坛》的热播带动了《名家论坛》等讲座节目的兴起，为科教栏目的运作积累了有益的经验和范本，同时，成功引导大众对中国传统历史文化的重新关注，赢得了良好的社会效益。因此，仅仅以收视率衡量电视科教节目确实是有失偏颇的，而应从传播影响力的视角综合文化节目的内涵价值和媒体的社会万语。在制作时，我们还充分利用了现场声和配乐的作用。现场声有着无可匹敌的作用，只有让观众听到现场的声音，才能使观众产生身临其境的感觉，才会激发观众参予其中的意识。我们在拍摄城里人养牛这一题材时，记者在现场等了很长一段时间，就是为了拍到牛的叫声。牛的一声叫，给片子增色了不少。但如果现场声达不到期望的效果，我们就附助一些配乐。比如制作“井盖”篇时，我们在表现一个人不小心掉进去的时候，就采用了一段很紧张的音乐，营造出了那种紧张刺激的意境。电视舆论监督类节目难搞，这是不争的事实。但正因为难搞，所以更能反映出电视从业人员的能力和素质。运用“电视漫画”这种形式来进行舆论监督，只是一种探索，当然了，文无定法，如何搞好舆论监督也是“路有千万条”这就要求电视从业人员在平时的工作中，勤想、精思、细做，努力寻找最佳的切入点，才能达到最佳的传播效果。 (作者单位：龙口市广播电视台) 功能及深远意义进行考察。①《科》应当在低迷的收视率面前理智分析，调整节目制作战略，做成有影响力的栏目。另外，从《科》节目本身分析，还有如下两点不足。第一，定位不准确。表现在节目内容偏离主线，如节目内容与“科教”鲜有关联，今年8月的某期节目中有一则消息是《新三条石桥护栏，一夜之间全部丢失》，与“科教”毫无关联。再就是奇闻异事做主角，还是这期节目，有则新闻《16岁中巨额大奖22岁破产》，标题十分抢眼，这种做法在短时间内也许会奏效，但不是节目正常健康发展的长久之计。第二，内容散乱。该栏目若干新闻之间不具备关联性，只是简单的罗列。每期节目没有一条主线贯穿始终，十分零散。改进的途径 1.首播时间的调整 7月中旬，节目进行了首播时间调整，由原先的每天18：50左右调整为现在的20：45，与一些重要新闻类节目错开了时间，重播时间为次日12：20左右。调查显示，首播时间改变之后首播收视率整体高于调整前近50%。 2.受众构成对节目影响力的影响右表为2009年7月1日~7月19日《科》受众构成数据，可以看出，受调查受众男女比例基本持平，51~60岁的受众为32.94%，是观看《科》人数比例最高的受众群：中学及以上受教育程度的受众占目标受众群的93.09%。节目的设计应该紧密围绕着目标受众进行，制作通俗易懂的节目，由于51~60岁的受众对于实际生活知识的需求量较大，所以，将生活实际融入节目中，能够充分满足这类受众的观赏需求。 3.播出频率的重要性建议该节目由日播改为周播，便于有充分时间将节目做精做深做广，使节 \| 目标 \| 百分比 \| \| --- \| --- \| \| 4岁以上所有人 \| 100 \| \| 男 \| 48.41 \| \| 女 \| 51.59 \| \| 4-14岁 \| 2.56 \| \| 15-20岁 \| 3.75 \| \| 21-30岁 \| 17.21 \| \| 31-40岁 \| 15.26 \| \| 41-50岁 \| 17.72 \| \| 51-60岁 \| 32.94 \| \| 61岁以上 \| 10.56 \| \| 未受正规教育 \| 2.02 \| \| 小学 \| 4.88 \| \| 初中 \| 26.82 \| \| 高中 \| 50.2 \| \| 大学以上 \| 16.07 \| 目逐步成为一档精品科教类节目，这样才能加深受众的印象，逐步培养固定的收视群体，成长为品牌，从而提高影响力。 4.摒弃过度猎奇性内容如果将《科》的猎奇性叙事方式作为节目的主要叙事方式，就忽视了科教类节目的知识性。要想从本质上提升节目质量，应该摒弃过度的猎奇性内容。 5.让节目更加紧凑建议每期节目确定一个主题，用讲故事的手法，运用技术手段，将晦涩的知识用观众喜闻乐见的方式展示出来。 6.借鉴国外的成功经验《探索》是世界上发行最广的电视品牌节目，目前到达全球 160 多个国家和地区，以35种不同语言播出节目，成熟的叙事技巧和丰富的人文关怀成为《探索》成功的两大因素。首先，适当的叙事观念可为节目奠定坚实基础。在《探索》中，各种故事随处可见。不同影片中的故事从结构上看分布是不同的……中间穿插若干连环小故事……有的影片全片整个就是以一个大的故事为主体，其中包含有许多小故事。②而《科》在节目叙事方式上也采取了讲故事的方法，但“为了讲故事而讲故事”，大大降低了节目的可观赏性。丰富的人文气息可以提升品位、锻造风格。《探索》运用拟人化的表现手法，拉近了人与自然的距离，具有丰富的人文气息，既温馨又亲切，观众会在不知不觉中对节目的表现方法产生认同，从而形成心理上的接近。《科》显得活泼不足，《探索》的“人文情结”值得借鉴和学习。注释： ①张炜：《从(百家讲坛)谈电视科教节目的传播影响力》\[N\]，《山西市场导报》，2009 年7月2日 ②黎永强钟苏洲：《纪实性娱乐节目(探索(Discovery))传播理念初探》\[J\]，《声屏世界》，2002年第9期 (作者单位：天津师范大学新闻传播学院) 资讯央视财经在浙报集团设特约记者站 10月31日，央视财经频道总监郭振玺携10余人的团队赶到杭州，为了两件事，一是就改版听取杭州观众的建议；二是跟浙报集团揭牌特约记者站，为钱江晚报的两名财经记者颁发聘书。也就是说，浙报的财经资讯将和央视财经频道共享。 9月27日，浙江日报报业集团与刚刚全新改版的中央电视台财经频道签署战略合作协议。协议确定，两大媒体将充分整合各自的报道资源、团队优势，全面开展各层面的业务合作，探索电视媒体与平面媒体合作发展的新路径。 ◆稿件互换，联合采访、联合报道实现人员、选题、设备共享。 ◆共同发起成立文化产业基金，创办面向全国市场的高端财经媒体，联合主办重大主题活动，为对方品牌推广、市场成长和广告提升提供整合营销策略和优质服务。 ◆财经频道支持浙报集团进军财经图书出版市场，优先把频道电视节目资源转化为出版资源提供给对方。 (来源：浙江在线)	__label__neg	null	null	null	null	null
zh	N/A	N/A	·专论信息管理类专业课程互动式教学的实现胡昌平，赵雪芹 (武汉大学信息管理学院，湖北武汉430072) 摘要：信息管理类专业课程教学内容随着社会发展和资源、技术的变化不断更新，教学组织上存在着与社会需求相适应的问题，为了满足培养创新型人才的需求，有必要改革传统的信息管理类专业课程的教学，将互动式教学模式引入教学中。本文提出了基于师生互动、教学环节互动、校内外互动相结合的开放式互动教学模式，结合“信息服务与用户”课程对互动教学的模式及实践进行了分析，以期对信息管理类专业课程教学改革起到积极的推动作用。关键词：互动式教学；信息管理类专业；实践教学中图分类号：G270 文献标识码：A 文章编号：1007-7634(2008)08-1121-04 Realization of the Interactive Teaching for Information Management Discipline HU Chang- ping， ZHAO Xue - qin ( School of Information Management，小Wuhan University， Wuhan 430072， China) Abstract：： With the society development and renewal of resource and technology， the teaching of Information Management discipline should be adapt to the enlivenment. It’s necessary that use interactive teaching model to reform the traditional Information Management discipline teaching to fulfill the need of cultivation of innovative talent. The paper refers to opening and interactive teaching model that based on combination of Teacher-Stu-dent Interaction、 teaching programs Interaction and intramural - external Interaction， and practices the model in the class of “Information Service and User" to provide an reference for Information Management discipline. Key words： interactive teaching； infommation management discipline； practice teaching 培养高素质人才的核心是培养学生的创新能力与实践能力。信息管理类专业课教育要“面向未来”，培养勇于进取，善于创造的开拓型人才，培养有独立学习精神，又能主动吸收新知识的外向型人才，而这种教育目标的实现是传统封闭型教学不能达到的，因此，采用新型的开放互动式教学模式已成必然。培养实用型创新人才，不仅是适应经济建设和社会发展需要，而且又是学科自身建设和发展的必然要求。信息管理类专业课程互动式教学模式是一种有别于传统的教学模式，它不仅具有信息管理类专业固有的特点，而且也是对传统教育理论的创新，实现教学、研究与实践的结合，关键在于在教学实践的基础上进行师生互动、教学环节互动、校内外互收稿白期：2007-12-30 基金项目：武汉大学教学改革项目“信息管理类专业课程开放式教学体系构建与实线”的研究成果. 作者简介：胡昌平(1946-)，男，湖北枝江人，教授，博士导师，从事信心管理理论与应用研究；赵雪芹(1983-)，国家折当女，山东青岛人，硕士研究生，从事信息管理理论与应用研究. 动，即确定开放式互动教学模式，这是对课堂与课外开放互动的发展。其互动模式的确立从时、空上改变了专业教学结构，创新了人才教育方式，有利于开放环境下基于互动的大学生发展空间构建。 1 师生互动互动式教学，是师生双方相互交流、相互启发、相互补充，从而达到共识、共享、共进的教学方式，是一种师生之间双向沟通的教学方法。教师是教学过程的规划者，是学生的组织者，教师给学生提供独立思考、亲身体验的机会，使学生在亲自实践的过程中，体验其中的乐趣与成就感。这种教学方法有利于发挥教与学两方面的积极性，实现教学相长，学学相长。互动式教学充分给予学生学习的自主权，它不仅能让学生学到知识，同时还能在学习过程中让学生研究和探讨结合自己的学习方法，提高学习效率【2。鼓励学生参与到教学中来，积极与老师、学生进行交流，做到师生互动、教学相长，从而激发学生学习兴趣。 1.1 教师—-学生多方位互动互动式教学的一个重要特征就是“参与性”，它通过强调教师与学生的双向交流，充分调动双方的积极性和能动性，从而活跃课堂气氛，使那些被压抑在潜意识中的能量冲破意识阀门而释放出来，闪现出智慧的火花，实现教与学两方面的最佳效益，同时师生互动对教师提出了更高的要求图。教师与学生的互动贯穿整个教学过程：①课堂上，通过课堂提问和课堂讨论，让学生积极思考，畅所欲言；同时，采用课外准备和课后作业的形式，使交互内容更有针对性。课堂提问的内容是复习已经学过的理论和知识点，以及当前的国际国内与学科发展相关的实际问题，这样能集中学生的课堂精力，活跃学习气氛。课堂讨论是组织学生对一些信息服务业务的热点问题和实际问题进行讨论，以提高学生的学习热情，然后教师将问题集中解答。课后作业，教师将学生应该了解、掌握的知识通过课后作业的方式加以消化和理解，需要激发思考的问题留给学生完成，要求学生写出书面作业。②实践中，通过互动式教学模式，学生实践时遇到的难题及时与教师进行沟通，理论得以应用于实践，同时学生直接面向社会、面向专业前沿，与教师、与社会部门互动发展，从而有助于提高素质，拓展发展空间。③科研中，发挥信息管理学科优势，积极将科研优势转化为教学资源，在教学中可以更好地反映学科前沿内容，使学生能接触到国家重大课题，从而具有人才培养优势((见图1)。图1 多方位互动教学环节 1.2 学生——学生实时互动通过互动式教学，学生可以在教师的引导下，充分发挥主观能动性，从而有助于以已有知识为基础，积极主动地发现问题、提出问题、分析问题和解决问题，从而获得实践技能4。可见，基于自主学习的开放式教学有助于学生从被动地接受知识向主动地接受知识和自主创新转变。学生在小组讨论、情景模拟、案例教学等交互式教学方法中，学生与学生之间实现讨论交互，交流学习；借助教学网站的论坛，学生提出问题，学生之间实现实时交互。例如在教学中，组织学生对同一个问题的观点相互评判，找出对方观点的不足，提出补充建议或意见，这样能促使学生立即动脑、思考、辩驳、给出意见，能力得到锻炼。 2 教学环节互动基于信息化与知识创新环境的信息管理类专业教学不应仅局限于专业课程限定的范围，而应根据专业人才培养要求，坚持知识、能力和素质协调发展，实现从注重知识传授向更加重视能力的转变，这就要求进行教学环节开放互动的研究和实践。 2.1 传统教学环节传统的课堂教学模式的具体操作程序是四个固定的环节：复习旧知、讲授新课、巩固小结、布置作业。这种教学环节的构成主要反映了感知教材、理解教材、巩固知识、运用知识的教学过程，适应了以传授知识为目的的教学需要，满足了课堂教学中以讲授为主的教师需要。传统的教学中，教师掌握着互动的主动权，学生只有被动参与互动的机会，而且受时间和空间的限制，只有少数人能够参与互动的机会15】(见图2)。图2 传统教学环节 2.2 立体互动式教学组织信息管理类专业课程的特点要求采用多方位互动的教学模式，从培养学生“分析问题、解决问题”的能力转移到培养学生“发现问题、分析问题和解决问题”的能力上，实行多方位互动的教学方式。要求在教学环节上进行综合改革，实现课堂教学、课程实习和社会实践的进一步结合，确立基于课程讲授和实践的互动模式，在新的环境和条件下探索自我学习和个人学习管理的新方法，为学生提供宽口径、多内涵、体现个性需求和教、学反馈的教学系统6】。 (1)课堂互动教学模式。在教学中，综合采用多种教学方法，具体为：①注重交互式教学，在教学过程中，通过课程讲授，布置讨论问题，让学生积极思考，畅所欲言；同时，采用课外准备和课内讨论的形式，使交互内容更有针对性；②理论教学与实践实习相结合，本课程是一门实践性较强的课程，其理论方法直接应用于实践是关键，因此，除了安排学生在课堂和课外实习外，还安排学生到湖北省信息研究院进行实习，组织学生参与社会实践，进行用户调查；③案例教学，利用信息服务的有关案例，详细分析其中所涉及的知识，从而避免理论教学的枯燥性；④情景模拟教学，设置一定场景和假定条件，让学生通过论辩、角色模拟等方式综合运用所学知识，进行自我学习、自我教育，以提高应对各种挑战的能力。 (2)网络互动教学模式。传统课堂教学中的互动因受技术条件限制，而不能够达到有效和深人、全面、机会均等的互动。如何利用信息技术来支持课堂教学中“机会均等的互动”，让课堂教学更加民主化，学习者可以参与到教学内容的制定与评价中来17。Q“信息服务与用户”课程教学中，我们利用教学网站进行了课程网络辅助教学的研究与实践，已实现了网上全程辅助教学，实现学生与教师基于网络的平台互动，其互动内容包括课程研讨、学习论坛、社会实践实习辅助、学生网上答题、课程信息查询和网上自测等。这种新的互动方式打破了传统课堂的空间构成，使任意两者之间的距离相等；使学生在不经授权的情况下主动发起互动；允许多维互动同时进行；使课堂中的信息流动更加频繁、流畅；可以发挥每个个体的积极性和创新意识。 3 校内外互动教学知识和能力来源于实践，素质培养也需要实践。创新型人才培养模式要求学校、社会联成一体，学生随时有实践的机会，使之在实践中学习、创造和发展。开放互动的教学过程使学生有机会了解社会，向社会学习，从而适应社会的需求8。信息管理类专业课程具有实践性，要求学校与企业、理论知识与实践技能的紧密结合，即理论一实施实践一再理论--再实践的循环教学模式。“信息服务与用户”教学改原有的课堂教学和课外的用户调研实践为集课堂教学(包括研讨)、课外实习(包括信息服务业务实习与方法实习)和社会实践(将本课程内容融人学生暑期社会实践中)相结合的全程化教学。其结果，不仅使学生牢固地掌握了课程内容及信息服务与用户理论，而且学生能够实现自主学习与研究结合，学以致用，实现教学互动，从学生实践成果和反映上看，效果显著。即注重培养学生的专业素质，在保证核心教学内容的同时，体现学生的学习兴趣，提高学生分析问题、解决问题的社会实践能力。一· 3.1 教学——实践互动实践教学基地一方面可以保证学生有固定的教学场所和稳定的教学质量，使学生在学习的过程中提前接触今后工作岗位的要求、工作流程等，为其就业打下良好的基础。另一方面也有利于基地单位在学生学习中发现人才，可以对其提前培训。因此，加强实践教学基地的建设对校企双方而言是“共赢”的1。在教学中建设社会实践平台，将社会实践纳人到专业教学计划，将社会实践规范化、制度化，开展面向问题的社会实践活动，其平台使用者包括学生、教师和社会有关部门。在课堂教学、课外实习和社会实践互动基础上的开放教学体系的确立，有利于推进信息管理类专业课程教学的综合改革，通过互动式教学的实证研究和系统实现探索，有助于优化教学过程和专业教育体系，实现专业的创新发展【10】((见图3)。图3 教学与实践互动 2004-2007年，“信息服务与用户”课程集中进行社会实践教学改革，将课程教学与大学生暑期社会实践结合，组织学生团队参加相关的社会实践，其成果作为“专业学习创新学分”认定的依据。在改革中，不仅提高了学生的学习积极性，而且培养了专业学习的创新能力。 “区域性农业信息集成服务平台”是学生在“信息服务与用户”课程和2005年省优秀社会实践“面向老区农业的信息服务”项目的基础上，结合专业知识学习和农业信息化的社会需求而开发，月前该平台已在湖北省麻城市试点成功，并将进一步在全省范图内推广使用，服务社会。 3.2 教学一一实习互动通过建立课外互动实习基地，使学生在校期间能够提前进人“工作岗位”。课外实习平台建设采用科研与教学相结合的运行体制，建立起科研带动和促进教学的管理模式，基于开放实习的课外互动实习组织。信息管理类专业课程教学要从课内走向课外，从校内走向校外，课外实习活动的开展，是深化专业教学改革的重要方面，是开放式互动教学体系的重要构成部分。 2005年开始， “信息服务与用户”课程教学组与湖北省科技信息研究院合作，进行校外课程教学实习基地的建设。聘请实际工作部门的专家作为实五家哲学社会科学学不期刊数践指导教师，负责指导课程实习和社会实践项目。同时，通过实习基地活动，规范实习教学内容，促进了课程体系与教学体系的完善。学生通过在湖北省信息院的实习，不仅学以致用，而且从实习中带回了现实课题，促进了教学改革的深人。由于进行了综合改革，提高了毕业生从事信息服务的能力和创新能力。 4 结语信息管理类专业课程互动式教学模式符合社会发展的需要，适合信息管理类专业的特点，对于培养创新型人才也起到了重要的作用，是对传统教育理论的创新。 “信息服务与用户”课程基于师生互动、教学环节互动、校内外互动相结合的开放互动教学模式对信息管理类专业课程开展互动式教学具有借鉴意义。参考文献胡昌平，面向21世纪的中国信息管理类专业教育\[J\].情报学报，1999，(2)：5-7. 2 S. L. Toral，F. Barrero， M. R. Martfnez - Torres，S. Gallardo. In-teraclive multimedia teaching of digital signal processors\[\]. Computer Applications in Engineering Education，2007，(1)：88-97， 3 张利云，袁水林.对互动式教学方法的探讨\[打.山西财经大学学报(高等教育版)，2002，(4)：48-49. 4 刘西健，孔丽，李险峰.互动式教学方法和手段的研究与实践\[J\].陕西广播电视大学学报，2007(9)：71-73. 5 笪薇.网上互动教学设计的实践与思考i\].广东广播电视大学学报，2007，(2)：10-13. 6 朱晓申，加拿大高校的互动模式及对我国外语教学的启示\[J\].长春教育学院学报，2007，(9)：49-52. 7 颜醒华.互动教学改革创新的理论思考\[门.高等理科教育，2007，(1)：21-24. 8 王东，网络平台支持的互动教学探究--一个行动研究报告\[D\].华东师范大学，2006：61-65. 9 钱佩忠，潘海天.与区域经济互动，推进地方高校持续创新\[J\]、高等教育研究，2006，(10)：107-109. 10 J. Lawrence Bencze， G、MichaelBowen， Steve Alsop. Teachers’tendencies to promote student - led science pro-jects： Associations with their views about science\[J\]. Science Education，2006，(3)：401-408， (责任编辑：赵立军)	__label__neg	null	null	null	null	null
zh	N/A	N/A	毛泽东与陈独秀关于民主主义走向社会主义思想之比较杜艳华万义兵 (复旦大学社科部，上海，200433) 摘要：中国如何由民主主义走向社会主义，毛泽东和陈独秀都进行了长期探索和各自的回答、其思想内容既存在严格区别，也有许多一致性。陈独秀和毛泽东都认识到中国不能在资产阶级民主革命胜利后一步跳到社会主义，中间需要有一个发展资本主义的历史过程。并且，对于这个中间过程设置的意义，对待资本主义的态度，对资产阶级民主革命的任务规定等方面，毛泽东与陈独秀都有一致性；但由于思想认识和逻辑的不同，也导致他们对由民主主义到社会主义的中间阶段的社会性质的认识有严格区别，从而在发展资本主义途径的选择上也存在一定差异。关键词：毛泽东；陈独秀；由民主主义到社会主义长期以来，人们总是把陈独秀关于中国由资产阶级民主主义走向社会主义的思想与毛泽东的新民主主义社会理论截然对立起来，特别是往往拿毛泽东在《新民主主义论》对“二次革命论”的批判来证明两者的对立，从而忽视两者之间的联系和相同之处，因此否定了陈独秀的一些合理思想。事实上，毛泽东与陈独秀的这方面思想，都是中共党人探索中国如何在生产力落后的条件下由资产阶级民主主义走向社会主义而形成的重要的思想理论。对两者进行比较分析，打破将两者截然对立，非此即彼的思想框框，找出两者的异同，不仅有利于我们今天认识中国社会的发展问题，也有利于正确评价陈独秀这一历史人物。如何在生产力落后的条件下，使中国由民主主义走向社会主义这个问题，毛泽东和陈独秀虽然以不尽相同的依据做出了各自不同的回答，但其思想也有相同之处和联系。毛泽东从1925年在《国民党右派分离的原因及其对于革命前途的影响》中提出“建设一个革命民众合作统治的国家"①开始，到1939年在《中国革命和中国共产党》中提出“新民主主义”的概念，再到《新民主主义论》和七大《论联合政府》关于新民主主义社会的阐释，一以贯之，逐步阐明了中国应该如何由新民主主义过渡到社会主义的问题。其思想的精髓在于指出：新民主主义革命胜利后，容许资本主义在不操纵国计民生的情况下存在和发展，为社会主义创造条件。这个理论主要包括：由资产阶级民主主义通向社会主义的途径，即中国在民主革命胜利后，既不能进入社会主义社会，也不能是资本主义社会，只能进人新民主主义社会。即毛泽东所说，“只有经过民主主义，才能达到社会主义，这是马克思主义的天经地义”。@而新民主主义社会的特征必然是：一方面有资本主义因素的发展，另一方面有社会主义因素的发展。由于其中社会主义因索是起领导作用并能最终战胜资本主义的因素，因此，才可以避免资本主义的前途，实现社会主义的前途，所以，新民主主义社会只能是过渡性质的社会。对于中国在资产阶级民主革命胜利后如何进人社会主义社会的问题，陈独秀也进行了长期的探索，如果考察其全部思想，可以看出他的思想是变动不居的，其中既有合理成分，也有含混不清之处，以至于有错误的成分。早在1920年，他在《关于社会主义的讨论》一文中，曾旗帜鲜明地反对资本主义，认为“资本主义生产制一面固然增加《毛泽东文集》第一卷、北京：人民出版社、1991 年，第25页， (毛泽东选集》第三卷，北京：人民出版社，1991年，第1060 福力，-一面却也增加贫乏"。@以至于认为“由资本主义渐渐发展国民的经济及改良劳动者的境遇以达到社会主义，这种方法在英、法、德、美文化已经开发政治经济独立的国家或者可以这样办，像中国这样知识幼稚没有组织的民族，外面政治的及经济的侵略又一天紧迫似一天，若不取急进的Revolution，时间上是否容我们渐进的 Evolution呢?”此时，陈独秀的观点很明确，那就是必须采取革命的手段集中资本来实行社会主义的生产制。然而，即使大革命时期及其以后，他的思想也是变动的。我们知道，陈独秀曾经接受过托洛茨基的不断革命论的思想。1931年，他在《中国将往何处去》中曾表明了这样的观点，即：落后国家的无产阶级可以在民主革命的基础上获得政权； “无产阶级的先锋队，在革命高潮之最初阶段中，即应提出其夺取政权的纲领与策略。在革命暴动之胜利即无产阶级取得政权开始，即应和完成民主任务同时踏上社会主义政策的道路，连像俄国十月革命后半年的‘民主’时期也不会有”。③仅在这里，我们甚至可以看出他思想中的“一次革命论”的倾向。当然，这个思想不是他思想的主流并在后来得以修正，因为1939年陈独秀已明确表示与托氏脱离关系。在大革命时期和他思想的晚期，关于中国如何由资产阶级民主主义走向社会主义，是他思想合理成分最多的时期，当然，这时他的思想仍有变化和含混的地方。如，1923年他在《资产阶级的革命与革命的资产阶级》、《中国国民革命与社会各阶级》、《社会之历史的进化》几篇文章中先后阐述了中国社会性质、中国资本主义发展程度和发展资本主义必要性、通过什么途径发展资本主义，以及国民革命胜利后的前途等。他认为中国社会已经进人资本主义阶段，但资产阶级还远不够强大，所以，他主张资产阶级应该和无产阶级妥协，而幼稚无产阶级目前也只有在此胜利之奋斗中才能获得若干自由及扩大自己的能力之机会。于是，他得出结论：“中国国民党目前的使命及进行的正轨应该是：统率革命的资产阶级，联合革命的无产阶级，实现资产阶级的民主革命。这就是说，新民主主义革命胜利并非无产阶级的胜利，而资产阶级的胜利，那么，其结果，理所当然地应是资产阶级统治的实现。所谓“二次革命论”就是据此概括出来的。如果仅就陈独秀这些阐释，将其概括为“二次革命论”并不错；然而，这并不是他当时对革命胜利后前途的唯一阐释，几乎在上述思想提出的同时，他还预计了另外一种可能，即： “国民革命成功后，在普通形势之下，自然是资产阶级握得政权。但彼时若有特殊的环境，也许有新的变化，工人阶级在彼时能获得若干政权，乃视工人阶级在革命中的努力至何种程度及世界的形势而决定。1917年俄罗斯的革命就是一个好例。俄罗斯各阶级各党派的联合革命，本以推倒皇室为共同目标，只以工人阶级在'1905年之革命及1917年2月革命中特殊努力，又以当时资本主义的列强因大战而濒于破产，自救不遼，十月革命遂至发生新的政治组织。”显然，仅1923年这几篇文章看，他思想中有“二次革命论”的成分，但这又不是他思想的全部，完全用“二次革命论”来概括不符合他思想的实际。在他思想的晚期，就中国如何经过资本主义的发展进入社会主义的问题，既有错误的认识，又不乏认识的深刻性。如，1938年，他在《告反对资本主义的人们》、《我们不要害怕资本主义》、《资本主义在中国》等文章中，承认人类进化有循序的进化和跳跃的进化两种，中国由于受了资本主义先进国的外来影响，出现了跳跃式进化，即“一面继续前资本主义的生产状况，一面采用了本世纪三十年代最新的纺织机器，跳过了英国数世纪和循序进化”@，即他认为中国由封建社会跳到了资本主义社会，并在此基础上判断：中国不是半封建社会，中国已经是资本主义的社会，只是由于资本帝国主义的阻碍，未得到高度发展，未完全工业化而已。在他看来私有财产是社会主义与资本主义的分水岭。所以，他反对既非资本主义，又非社会主义的提法。同时，他在《资本主义在中国》一文中又提出了一套衡量社会经济性质的标准，他写道： “我们观察各国的经济，要估计是那一种经济成分居领导地位，来确认它是那一种社会，没有什么一半一半，更不能因为它有各种经济成分，遂认为它是各种社会。”据此，他认为中国已经是“一个初期资《陈独秀著作选》第二卷，上海：上海人民出版社，1993年，第 208，211、452、568页。《陈独秀著作选》第三卷，上海：上海人民出版社，1993年，第 202、497页。本主义的国家。”①很显然，陈独秀认为人类进化有跳跃式进化没有错，但他认为中国已经跳到资本主义的初级阶段又不符合中国实际。此外，他还表明，他不认为社会主义制度好过资本主义制度，但“在科学的社会主义者看来，资本主义无论为功为罪，而毕竟是人类社会进化所必然的过程。没有它，小有产者的社会便没有发展生产力生产集中之可能。”从陈独秀的这些论述看，他虽然没有明确说明民主革命胜利后如何进人社会主义，但是，资本主义阶段是必经的阶段。综合毛泽东和陈独秀上述思想，单就陈独秀大革命时期及其晚期思想内容看，他们思想的一致性，至少有以下几点：第一，陈独秀和毛泽东的思想中都包含了一个.共同的成分：即中国不能在资产阶级民主革命胜利后一步跳到社会主义，中间需要有一个发展资本主义的历史过程。1926年，陈独秀在《我们现在为什么争斗》一文中已经明确地表明了中国要达到社会主义必须经过一个中间阶段——资本主义发展阶段的观点。他说：“我们不是乌托邦的社会主义者，决不幻想不经过资本主义，而可以由半封建的社会一跳便到社会主义的社会。”③毛泽东则指出：“没有新民主主义的国家经济的发展，没有私人资本主义经济和合作社经济的发展，没有民族的科学的大众的文化即新民主主义文化的发展，没有几万万人民的个性的解放和个性的发展……要想在殖民地半殖民地半封建的废墟上建立起社会主义社会来，那只是完全的空想。”④ 第二，对于这个中间阶段设置的意义，两人的认识也有着重要的一致性：毛泽东和陈独秀与近代所有的有识之士一样，对于近代中国的落伍，中国生产力的落后性都有清醒的认识，这是两人在此问题上取得共识的前提。在将中国置于世界舞台观察时，他们都看到了中国的落伍主要在于资本主义发展的不充分。毛泽东始终认为由于帝国主义的压迫和封建主义的束缚，中国的民族资本主义未能得到充分发展，而且指出，在中国多了一个帝国主义和本国的封建主义，而是少了一个本国的资本主义。直到七届二中全会时，毛泽东还说：“由于中国经济现在还处在落后状态，在革命胜利以后一个相当长的时期内，还需要尽可能地利用城乡私人资本主义的积极性，以利于国民经济的向前发展。”陈独秀在 1923 发表的《中国国民革命与社会各阶级》一文中对各个阶级革命性的分析就建立在这一点上。如，他虽然认为国民革命是资产阶级性质的，但是国内民族工业没有得到发展，所以他们在革命当中表现出软弱性。他继而分析到： “他们以前非政治的态度，现在半和平半革命的态度，将来更趋向革命的态度，都不是他们主观上的意识决定的，乃是他们客观上的经济条件决定的。”④ 第三，毛泽东和陈独秀追求的社会发展目标是一致的，尽管陈独秀在大革命时期犯了错误，但他后来的实践活动表明，他并没有放弃对社会主义理想的追求。在当时，毛泽东和陈独秀都认为社会主义是高于资本主义的理想社会，而且他们也还认识到社会主义应建立在经济高度发展的基础上。毛泽东说：“中国也只有进到社会主义时代才是真正幸福的时代，但是现在还不是实行社会主义的时候。中国现在的革命任务是反帝反封建的任务，这个任务没有完成以前，社会主义是谈不到的。”②他认为发展私人资本主义是进人社会主义的必要条件和准备，是经济落后的中国在民主革命胜利之后不可避免的结果。陈独秀也不否认社会主义制好过资本主义制度。但他认为社会主义的成败，是由社会发展条件决定的，并不取决于人类的主观愿望。所以，陈独秀指出：“诚然，社会主义生产制，比资本主义生产制有更高的发展，也能以清除资本主义制度的罪恶”，“可是，我们所相信的社会主义，乃是无产阶级的社会主义，……无产阶级的社会主义，若走循序进化的路，必须以内部经济的政治的成熟委条件”，而“社会主义在中国之经济的成熟，自然是无稽之谈"⑧。第四，毛泽东和陈独秀对资本主义都表现了一种从容的态度。他们都反对民粹主义，强调不要害《陈独秀著作选)第三卷，第498、517、499页。 (陈独秀著作选)第二卷，第1109、560页。《毛泽东选集》第三卷，第 1060页。《毛泽东选集》第四卷，北京：人民出版社1991年，第 1431页。《毛泽东选集》第二卷，第683—6848页，怕资本主义。毛泽东在七大的《论联合政府》的报告中批判了把三民主义和社会主义“毕其功于一役”的错误主张，认为“拿资本主义的某种发展去代替外国帝国主义和本国封建主义的压迫，不但是一个进步，而且是一个不可避免的过程”.①陈独秀1938年发表的《不要害怕资本主义》一文，对资本主义所采取的态度可以说与毛泽东具有相当的一致性。他说， “由于资本主义制度自身的缺点，其发展也，可怕的罪恶，亦随之而来；然而它毕竟是一种进步的制度，能够增加社会的生产力，带来它所需要的民主政制，以清除旧的封建生产制的缺点与罪恶；在目前过渡时期，我们宁可忍受资本主义的罪恶，来代替封建军阀的罪恶”。②他批准了反对资本主义的错误。他指出，要发展工业，消除旧社会的落后性，就必须发展资本主义。第五，毛泽东和陈独秀都强调中国的资产阶级民主革命的任务是反帝反军阀，而不是反对资产阶级。尽管陈独秀对于中国社会性质和资本主义在中国的发展程度的认识与毛泽东不同，但陈独秀同样指出“半殖民地的中国，不像欧美……各国已达到资产阶级的政治，统治中国的是封建的军阀阶级，他们勾结外国帝国主义者为后援，资产阶级、劳动阶级都在他们压迫之下，所以中国劳动阶级和社会主义者的目前工作，首先要做打倒军阀打倒帝国主义的国民革命”。③尽管陈独秀对中国社会性质的认识上与毛泽东不同。但他主张革命是反帝反军阀这一点与毛泽东是一致的。三就中国为什么必须在民主主义到社会主义之间，为资本主义的发展提供一个历史时期，毛泽东和陈独秀在认识上除了上述的一致性，还存在着思想方法和思维逻辑上的明显不同。在毛泽东看来，中国革命发生在十月革命后，属于十月社会主义革命的组成部分，所以，中国革命不是旧式的资产阶级民主革命；又由于中国社会的性质是半殖民地半封建的，以及中国经济的落后性，中国革命的任务是反帝反封建和反对官僚资本主义，而不是一般地反对资本主义，所以，革命的《毛泽东选集》第三卷，第1060页。《陈独秀著作选》第三卷，第498页，动力自然包括工农、小资产阶级和民族资产阶级。同时，由于资本主义经济发展的不充分，资产阶级的两面性，中国革命的领导者是无产阶级，而不是资产阶级。所以，革命胜利后建立的政权既不是资产阶级专政，也不是苏联式的无产阶级专政。只能是无产阶级领导的几个革命阶级联合专政的新民主主义国家政权。这就是毛泽东的理论逻辑。比较地看，陈独秀这方面的推理和论证主要是建立在人类历史演进的一般规律基础上的。如1923年，陈独秀在《资产阶级的革命与革命的资产阶级》、《社会之历史的进化》、《关于社会主义问题》等文章中表明：我们信仰社会主义不是主观要求，而是客观上经济组织变化之自然趋势和历史进化历程的结果。他说： “社会主义的工业社会，是将来的社会。而现在则为资产阶级工业社会。我们生在现社会制度之下，为什么去相信社会主义?这并不是我们发疯，也不是我们好奇，实在是社会之历史的进化，叫我们不能不相信社会主义。”在陈独秀看来，社会主义是建立在资本主义基础上的。他说：“人类社会组织之历史的进化，观过去现在以察将来，其最大的变更，是由游牧酋长时代而封建时代，而资产阶级时代，而无产阶级时代，这些时代之必然的推进，即所谓时代潮流，他若到来，是不可以人力抵抗的。只是在空间上各民族以环境所演的机会不同，因而进化的速度和历程、次第的不同，如非洲、南洋的游牧酋长社会、东方的封建军阀社会，西欧、南北美之资产阶级社会，俄国之无产阶级社会，都同存在于今世。他还指出：“我们若要改造社会，必须先明白社会之历史的进化，然后才知所从事。末了，我们须知社会的进化，不是循环的或超越的，也更不是退后的；乃是依历史的阶段而进步，非速亦非迟。@在他看来，人类社会必然经历以上各个阶段，采用革命的手段可能促其进化得快些。陈独秀这些阐述并不错，遗憾的是他机械地运用这种逻辑来推论中国，认为中国自鸦片战争以来，随着西欧对外扩张和征服，封锁不住资本主义的进人，从而进化到世界的资本帝国主义，而“这种历史进化的必然现象，就是封建宗法主义进化到资本民主主义的现象”.②在他看来，尽管我们主观上对这种现象会产生愤恨鄙厌心理，但终于敌不过客观的历史进化历程之必然性，显然，陈独秀这个理论逻辑本身并没有错误，但他对于现实中国社会和资本主义经济发展的实际分析上出现了误差，导致他对中国社会性质和革命性质分析上的错误，以至于在革命前途的认识上与毛泽东产生了原则分歧。需要指出的是，陈独秀此时的思想中，唯物史观占据了相当位置，他已经主张用马克思的“经济的历史观察”、“唯物的历史观察"①来认识中国社会问题。如，早在1922年7月他在《马克思学说》中阐释了马克思的唯物史观的基本原理，即“社会的生产力和社会制度有密切的关系，生产力有变动，社会制度也要跟着变动，因为经济基础(即生产力)有了变动，在这基础上面的建筑物自然也要或徐或速的革起命来，所以手臼造出了封建诸侯的社会，蒸汽制粉机造出了资本家的社会”。由此他得出一个结论： “一个社会制度，非到了生产力在其制度内更无发展之余地时，决不会崩坏。新制度之物质的生存条件，在旧制度的母胎内未完全成立以前，决不能产生，至少也须在成立过程中才能产生。”应该说，陈独秀在当时能对马克思的唯物史观作如此解读，难能可贵，这个思想至今也具有重要的理论意义。但是，他在没有准确把握中国国情的基础上运用这些原理，难免出现偏差。在民主革命胜利后究竟建立一个什么样的社会，通过什么途径发展资本主义?毛泽东和陈独秀两人的思想有鲜明的不同：如前所述，毛泽东坚决反对在民主革命和社会主义革命之间“横插一个资产阶级专政”的“二次革命论”，充分论证了资产阶级共和国，即旧式的、欧美式的资产阶级专政的资产阶级共和国在中国行不通。他还十分明确的指明：新民主主义革命胜利后建立的新民主主义社会是过渡性质的社会，是由半殖民地半封建社会到社会主义社会的中介和桥梁，而非固定的社会形态。即新民主主义共和国，“这是一定历史时期的形式，因而是过渡的形式，但是不可移易的必要的形式”③，而发展资本主义的途径就是通过贯彻新民主主义的政治、经济、文化纲领来实现。就其经济而言，在《新民主主义论》中毛泽东指出： “在无 ①② 《陈独秀著作选》第二卷、第354、355页. 产阶级领导下的新民主主义共和国的国营经济是社会主义的性质，是整个国民经济的领导力量”.④1948年毛泽东又进一步强调社会主义经济成分在新民主主义阶段中的地位和作用，他说：“我们国营经济、公营经济，在数量上较小，但它是起决定作用的。我们的社会经济的名字还是叫‘新民主主义经济’好。”⑤在这里毛泽东强调的是社会主义因素在新民主主义经济中的主导地位。毛泽东在《新民主主义论》中还具体地提出了如何发展资本主义的策略。他指出：““大银行、大工业、大商业，归这个共和国的国家所有，……但这个共和国并不没收其它资本主义的私有财产，并不禁止‘不能操纵国民生计’的资本主义生产的发展，这是因为中国经济还十分落后的缘故。”由此我们可以看到毛泽东主张通过国家对经济进行统一的管理，即由国营经济领导多种经济成分，从而逐渐地过渡到社会主义社会。对于同样的问题，陈独秀与毛泽东的第一个不同，是他对于这个中间社会性质的表述含混和前后的不一。就其主张发展资本主义而言，陈独秀对于发展资本主义的途径及革命胜利后中国社会性质的预测有几种情况。第一种情况是：主张革命胜利后应该是资产阶级专政，即在国民革命与社会主义之间横插一个资本主义时代，那么，发展资本主义的途径必然是通过资本主义制度实现。突出表现在国民革命时期，主要依据是他在1923年发表的《资产阶级的革命与革命的资产阶级》以及《社会之历史的进化》两篇文中对人类社会发展阶段和对中国资本主义及资产阶级的分析。但如前所述，陈独秀这个思想并非一成不变的。他没有断定将来中国的二月革命不会迅速演变为十月革命，因此.将其思想完全概括为二次革命论又证据又不足；正因如此，我们称其为“二次革命化”倾向。第二种情况是：提出革命胜利中国将是多种经济成分并存的社会，但这个社会的性质是什么?没有明确定性。1927年，陈独秀在答沈浜祈、朱近赤时指出，“国民革命成功后，中国的经济制度，自然是家庭的手工业与农业、小生产制、私人资本主义的大生产制、国家资本主义等，四种并存。我们所谓采用何种经济制度，并不是说只采用那一种而禁绝其余一切，乃是说采用某一种为全社会中主要的生产制度”。@然而，他又主张以经济成分来为社会定性，由此我们可以看出他思想的矛盾和含混。当然，从陈独秀列举的这四种经济成分当中，可能具有社会主义因素的就是国家资本主义。在多种经济成分中，哪种经济成分占主要地位，显然与毛泽东不同。因为根据他以上思想，资本主义性质的经济自然占主导地位。第三种情况是：陈独秀晚期思想中明确主张通过资本主义制度来发展资本主义，他认为私有财产是社会主义与资本主义的分水岭。1938年，他在《告反对资本主义的人们》中说： “现代的经济制度只有两个：一是资本主义制度，一是社会主义制度，没有第三个。私人资本制度是资本主义的范畴；国家资本制度也是资本主义的范畴；节制私人资本，只有使资本主义之发展停滞缩小，仍然属于资本主义范畴。”②他不赞同既非资本主义，又非社会主义的提法。他还说： “如果人们不敢断言中国此时可以采用社会主义制发展工业，这必然毅然决然采用资本主义制来发展工业。”由于他把中国纳入了“初期的资本主义”的范畴，那么，革命胜利之后社会经济中占主导地位的也一定是资本主义性质的经济。这是他与毛泽东有重大区别的地方。四综上所述，陈独秀与毛泽东一样，都力图解决在中国这样的落后国家如何建立社会主义的大问题，而在中国这样的后发国家探索社会主义的道路，首先碰到的必然是如何对待资本主义的问题。所以，不论是毛泽东的新民主义社会思想还是陈独秀的所谓“二次革命论”的核心问题，都是解决社会主义与资本主义关系的问题。对此，尽管他们的思想有诸多不同，以至于有原则差别，但我们必须看到的是毛泽东和陈独秀追求的最终理想是一致的，只是他们各自主张的具体手段和途径不同。此外，他们在对待资本主义的问题上或同或异，都不是由主观上的好恶而定，而是由中国社会发展需要决定的。所以，我们不能因为陈独秀思想中的错误成分而完全否定其积极的探索，更不能将两者的思想完全对立起来。另外，从陈独秀和毛泽东两者的探索在时间上的先后和陈独秀的历史地位，以及毛泽东与陈独秀的关系看，我们甚至可以说两种思想是一种批判继承的关系，毛泽东的思想中包含了陈独秀思想的合理成分，毛泽东新民主主义社会理论的成熟与他对“二次革命论”的批判是有联系的。通过两个人思想的比较，我们还应该看到，毛泽东把发展资本主义作为一种策略，最终要的是资本主义生产力，而不要资本主义，比较正确地解决了新民主主义与资本主义和社会主义几者的关系；而陈独秀被人类社会历史发展阶段论的一般规律所束缚，不能把资本主义文明与资本主义社会制度区别开来，未能跳出资本主义社会制度的发展阶段，对待资本主义缺少策略性，因而造成思想理论上的混乱和认识上的错误。 (责任编辑唐忠毛)	__label__neg	null	null	null	null	null
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You can search through the full text of this book on the web at\|http : //books . google . com/\| HARVARD LAW SCHOOL LIBRARY r • • ■r— \ // REPORTS OF CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF THE STATE OF MONTANA FROM AUGUST 1, 1901, TO JUNE 9, 1902. OFFICIAL REPORT. Volume XXVI. SAN FKANCISCO : BANCROFT-WHITNEY COMPANY, Law Pubushjebs and Law Bookskllrus. 1902. Copyright 1903. By Bancroft-Whitney Company. <gSTgB Anaconda, Mont: Standard Publishixo Company, Pbintrrs and Bindrrp. The opinions in this volume of the Montana Reports havii been edited and are reported, under the supervision of the jus- tices, by Oliver T. Crane, Esquire, a member of the bar of the Supreme (^ourt. JUSTICES OF The Supreme Court of the State of Montana, DURING THE TIME OF THESE REPORTS. The Hon. Theo. Brantly, Chief Justice. The Hon. William T. Pigott, j V Associate Justices. The Hon. George R. Milburn, ) OFFICERS OF THE COURT. James Donovan, Attorney General. Henry G. Rickerts, Clerk. Oliver T. Crane, Marshal. ATTORNEYS AND COUNSELORS AT LAW ADMITTED FROM MARCH 20, 1:02, TO JANUARY 5, lO- 3. AVEKY, ChAS. E. Baggs^ Harry H. Becker^ Frank E. BooTFT^ Geo. E. Callaway, Edmund J. ( 'KOWELL, William H. Davis, John T. I)e Kalb.. H. L. -DwYER, William K. Fisir, C. H., Jr. Gray, A. H. Hammond, R. E. Harris, Josephine. Harvey, John A. Lamp, F. M. Lenoir, Basil O. MacKay, L. C. McCaffery, Joseph J. Meiilberg, Frank H. Moss, C. R. Murray, Herman. Pennack, S. W. Phelan, Dam el E. Smith, Edward O. Spenser, A. G. Stewart, T. P. Strang, Morgan. Thompson, Hk.nRy R. To LAN, fJoHN H. Walker, Sharpless. Walker, Thomas J. Wallace, J. D. Wight, Tua T. Wilson, Harry L. WiLTSE, P. T. '^'Woodward, Frederick C. ♦Disbarred January 15, 1903. See 27 Montana Reports, p. — . DIRECTORY OF THE Judicial Districts of the State of Montana 1903. FiKsT Judicial Distrust. Count V of I>e\vis and CUirke. Count v Seat, Helena. District eludcres: Hon. Ilenrv (\ Smith; lion. James il. Clements. Officers: County Attorney, Lincoln Working, Esq.; Clerk of District Court, Finlay ^IcRae; Sheriif, Jefferson O'Connell. Second Judicial District. Couutv of Silver Bow. (Vuntv Seat, Butte. Disti-ict Jud2:es: II(m. William Clancv; Ilcm. E. W. liar- ney ; Hon. J. B. McCleman. Officers: County Attorney, Peter Breen, Esq. ; (Merk of Dis- trict Court, Samuel 51. Koberts; Sheriff, J. J. Quinn. Third Judicial District. (V>uiities of Deer Jycdge, Powell and Granite. District Judge, Hon. Welling Xa])ton. Officers (Deer IvO<lge (^ount^' — C^ounty Seat, Anaconda) : C(»unty Attorney, Joseph J. McCaffery, Esq. ; Clerk of District (^>urt, William E. Thomas; Sheriff, George A. Storrar. (Pow- ell Cc'untv — County Seat, Deer TvOiW) : Countv Attorney, 0. E. Emerson, Esq. ; Clerk of District Court, K. Ix^e Kelley ; Sheriff, J. C. Barnden. (Granite County — County Seat, Phil- ipslnirg) : County Attorney, David M. Durfee, Esq. ; (Merk of District Court, James E. Abbey; Sheriff, F. J. ^IcDonald. (vlJ) V viii DiKECTORY OF Judicial Districts Fourth Judicial District. Counties of Missoula and Eavalli. District Juds^e, Hon. F. C. Webster. Officers (Missoula County — County Seat, Missoula) : Counts Attorney, Charles II. Hall, Esq. ; Clerk of District Court, R. W. Kemp; kShoriff, H. W. Thoni^pson. (Ravalli County — County Seat, Hamilton) : (x>unty Attorney, William P. Baker, Esq.; Clerk of District Court, John F. (.'one; Sheriff, Joshua Pond. Fifth Judicial District. (^ounties of Beaverhead, Jefferson and Madison. Distriet Judge, Hon. Montgomery II. Parker. Officers (Beaverhead County — (\)iintv Seat, Dillon) County Attorney, C. W. Robinson, Esq. ; Clerk of District Court, George W. French ; Sheriff, Mannaduke Gist. (Jefferson County — County Seat, Boulder) County Attorney, C. R. Stranahan, Esq. ; Ck^rk of Distriet Coui-t, A. J. Ilolloway ; Sheriff, A. V. Gibson. (Madison Countv — Countv Seat, Yir- ginia City) : County Attorney, M. M. Dunean, Esq. ; Clerk of District Court, James G. Walker; Sheriff, Charles C. Hill. Sixth Judicial District. (\junties of Park, Carbon and Sweet Grass. Distriet Judire, Hon. Frank Ilenrv. Offieers (Park (^'ounty — Counts' Seat, Livingston) : County Attorney, A. P. Stark, Esq. ; Clerk of Distriet Court, Arthur C. Davis, Jr. ; Sheriff, A. S. Rol)ertson. (Carlwn County — C^ounty Seat, Red Lodfi^e) : County Attorney, L. O. Caswell, Esq. ; Clerk of District Court, E. K Esselstyn ; Sheriff, M. W. Potter. (Swe?t Grass County — County Seat, Big Timber) : County Attorney, E. M. Hall, Esq. ; Clerk of District Court, B(^n. ;^^. ]\Ijelde; Sheriff, Osear A. Fallang. Seventh Judicial District. Counties of Yellowstone, Custer, Dawson and Rosebud. District Judge, Hon. Charles II. Loud. Op the State of Montana. ix Officers (Ye^io^vstono County — C^ouuty Seat, Billings) : County Attorney, Charles L. Harris, Esq. ; Clerk of District Court, T. A. Williams; Sheriff, George W. Hubbard. (Custer County — County Seat, Miles City) : County Attorney, James H. Johnstone, Esq. ; Clerk of District Court, A. T. McAusland ; Sheriff, William E. Savage. (Dawson County — County Seat, Glendive) : County Attorney, C. C. Hurley, Esq. ; Clerk of District C(>urt, James Rivines; Sheriff, George B. Williams. (Rosebud County — County Seat, Forsyth) : County- Attorney, Fred. L. Gibson, Esq. ; Clerk of District Court, I). J. Muri ; Sheriff, Charles Davis. Eighth eTuDiciAL District. County of Cascade. County Seat, Great Falls. District Judge, Hon. Jero B. Leslie. Officers: County Attorney, R. W. Berry, Esq. ; Clerk of Dis- trict Court, John T. Athey ; Sheriff, Hennan E. Bonner. NiNTir Judicial District. Coimties of Gallatin, Broadwater and ileagher. District Judg?, Hon. W. R. C. Stewart. Officers (Gallatin f>)unty — Countj' Seat, Bozeman) : County Attorney, George D. Peas(, Esq. ; Clerk of District Court, Charles B. Anderson ; Sheriff, Thomas J. Foiwler. (Broad- water County — County Seat, Townsend) : County Attorney, J. A. Matthews, Evsq. ; Clerk of District Court, Frcnl. Bubser; Sheriff, James Munden. (^Feagher (,\)iuity — (\mnty Seat, White Sulphur Springs): County Attorney, ifax Waterman, Esq.; Clerk of District Court, Baker W. Badger; Sheriff, Charles H. Slier?nan. Tenth JuniriAi. District. County of Fergus. C/ounty Seat, Lewistown. District Judgv^, Hon. Edwin K. Clieadle. Officers:. County Attorney, O. W. Belden, Esq.; Clerk of District Court, Edmund Wright; Sheriff, L. P. Slater. X DiKKCTORY OF JuDICIAL DISTRICTS Eleventh JudicixVL District. Counties of Flathead and Tetx>n. District Judg?, lion. I). F. Smith. OiRcers (Flathead County — ^County Seat, Kalispell) : County Attorney, W. H. Poorman, Esq. ; Clerk of District Court, James K. T.ang; Sheriff, O. P. Gregg. (Teton County— County Seat, Choteau) : County Attorney, J. E. Erickson, Esq. ; (^lerk of District Court, Sterling McDonald; Sheriff, C. Wallace Taylor. Twelfth Judicial District. Counties of Choteau and Vallev. District Judge, Hon. John W. Tattaii. Officers (Choteau County — County Seat, Fort Benton) : County Attorney, Charles K Pray, Esq. ; Clerk of District Court, Charles 11. Boyle; Sheriff, John Buckley. (Valley County — County Seat, Glasgow) : County Attorney, John J. Kerr, Esq. ; Clerk of District Coiu-t^ John Survant ; Sheriff, Harrv Cosner. ERRATA. Page 207, line 12, read "2G Mont. 146," instead of "25 Mont. 87." ,A AMEXDMENTS TO THE RULES OF THE SUPREME COURT. To the end that District Courts, their judges and counsel, may have no doubt or uncertainty in respect of \he interpretation of Rule XVII cf the Supreme Court, which is as follows: "Costs on Appkal — To Whom Taxed. In all cases the costs of ap}>eal shall be Uxed against the unsuccessful party, unless otherwise ordered by this court, and the remittitur shall be accompanied by pn itemized statement of such costs as are paid to the clerk of this court" It is now here ordered, that in all such casetj tlie clerk of this court shall, imle.^s otherivise directed by the court, include in the order or judgment of affirmance, reversal or modification, and in the remitUtur, a clause awarding the costs of appeal to the prevailing party, appellant or respondent, to be recovered of the unsuccessful party after ascertainment or taxation there- of in the court below in the manner prescribed bj^ law. Promulgated :May 29, 1902. It is ordered, that there be and there is herebv added to Sul)- division 3 of Kule X of the Rules of this Court, a paragraph designated as paragraph e, in the words following, namely : e. — After the brief in the behalf of the appellant has been filed, no motion for leave to amend the same by inserting there- in, or adding thereto, any specification of error, or by incorpo- rating new matter of substance in the statement or abstract of tJie case, will be entertained. By consent, in writing, of re^ spondent, and without leave of court, the brief may be amended in the particulars mentioned or in any other respect^ or a new brief may be filed at any time before the cause is submitted. The court will, in proper cases, upon seasonable application (xlll) xiv Amendments to the Rules and ii\|x>ii such tenns as it may prescribe, .permit the brief to be amended, or a i!e\v brief filed, so as to meet the requirements of subdivision 1 t f paragraphs c and d of this subdivision. Upon its own motion, and in its discretion, the court may, at any time, order a brief to be amended or changed in any particular, or a new brief filed ; and It is ordered, that there be and is herebv added to tlie Rules of this Court ihe follo\Wng, to be designatetl as Kule Va, in the words following, namely : Va. — Bills of ExcepticTns Xot Provided for ix the Penal Code: The legislative assembly having made no i)ro- vision for the settlement of bills containing exceptions taken before or after tne trial of criminal causes, and liaving failed to enact any statute whereby certain pai)ers and matters may he authenticated, certified, and transmitted to the supreme court in criminal appeals, it is ordered tliat^ whenever a part)' desires to have the exceptions which were taken or deemed to be taken either before or after the trial, settled in a bill, the draft of a proposed bill juust be prepared by him and .pi-esented, uix)n notice of at least tw^o days to the adverse party, to the judge for settlement within ten days after the order or ruling excepted to is made, unless further time is granted by the judge or a jus- tice of this court, or wdthin tliat period the draft must, u^wn such notice of nt least two davs, be delivered to the clerk of the district court for the judge. When received by the clerk ho shall deliver it, together with* any amendments proposed or ob- jections thereto, to the judge, or transmit it, wdth such amend- ments and objections, to him as soon as may be, and, when sot- tied, the bill muot be signeil by the judge and filed as part of the record of the case. The only method of presen-ing for review by tiiis court on appeal any proceeding, evidence or matter not designated by the Penal Code ts part of the record on appeal without bill of exceptions, shall be by bill of exceptions prepareil and settled under either Section 2171 of the Penal Code or this Rule, as the one or the other may be appropriate; thus (for example) Of the Supreme C!ourt. xv the following mentioned papers and matters must be included in such a bill if ilie party aggrieved would have them reviewed : Motions to set aside an indictment or information with the matter in support thereof not otherwise appearing of record; demurrers to indictments or inf onjaations ; motions for new trials together -rith the matter in support thereof, including affidavits used thereon ; motions in arrest of judgment; matters (not otherwise of record) upon which an order made after final judgment is based ; motions for change of venue or continuance, together vnih the matter in its support and in opposition, if not other\vise of record ; and the like. In addition to the papers which Section 2281 of the Penal Code requires him to transmit by copy to the clerk of this court, tlie clerk of the district court must, upon a written precipe tlierefor, also transmit within the time prescribed by said sec- tion, as part of the record on appeal, all bills containing excep- tions taken by the party appealing before or after the trial. Promulgated October 9, 1902. TABLE OF CASES REPORTED. Alexander v. Fi-ansham -r /•»» Andnis et al., Tordan et al. v 37 Baker et al., Kirk et al. v , 190 Barker et al., Shadville v 45 Barker's Estate, In re. . 279 Barnes, Hynes / 551 Barret, State ex rel. Koch v 02 Beals, State v 540 Bechtel, Lynch v i. . .- 552 Beer v. Lienema.n et al 92 Bender v. Grand Opera House Co 55C Board of Commissioners of Custer County v. Storv' et al. . 517 Boehler v. Hanson et al. . . 563 Booth V. :McGovcni et al 560 Bordeaux v. Bordeaux 533 Bordeaux, Bordeaux v. ., 533 Bordeaux v. Bordeaux :..... 537 Bordeaux, Bord-^aux v 537 Bordeaux v. Bordeaux. 539 Bordeaux, Bordeaux v 539 Boston & Montana Consol. C. & S. Mining Ci)., ITeinze ct al. V ; ; , 265 Boston & Montana Consol. C. & S. Mining Co., Heinze et al. V ., 552 Boston & Montana Consol. C. & S. Mining C'O. v. ilontana Ore Purchasing Co . . 146 Boston & Montana Consol. C. & S. Mining Co., Wetzstein V 193 (XV I) xviii Table of Cases Repobted. Boyle et al., In re Petition of 365 Bright V. Burke et al 551 Bropliy V. Downey et ux ^52 Burke et aJ., Bright v 551 Bnrko v: Hamilton et al. 562 Bums V. Xapton 360 Butto Butchering Co. et al., Tait et al. v 262 Charles Schatzloin Paint Co. v. Passmore 500 Chowen v. Phelps et al 524 City of Anaconda, May v 140 City of Anax^urja, Snook v 128 City of Helena v. Rogan et al. ...... ., 452 Clancy, State ex rel. King et al. v 550 Clark ot al. v. Grand Opera House Co. et al • . 549 Clark & Bro. v. Grand Opera House Co. et al 547 Commissioners of Silver Bow County, Lavell v 555 Commissioners of Silver Bow County, Sullivan v 555 Coram, Stanford v 285 Cornish et al. v. Floyd-Jones 153 Cowell v. May et al 163 Craver v. Stapp 314 Cummings v. Helena & Livingston S. & R Co 434 Day, In re 55G Delmoe, Goff v 544 Demj^eey, State v 504 Dickinson, State ex rel. McGinniss v 391 District Court et al.. State ex rel. Anaconda Copper Min- ing Co. v 390 District Coiu"t et al., State ex rel. Anaconda Copper Min- ing Co. V , 412 District Court, State ex rel. Barker v 360 District Court .>t. al.. State ex rel. Boyle et al. v 365 District Court ot al.. State ex rel. Collins v 560 District Court, State ex rel. Donovan v 275 District Court et al.. State ex rel. Finlen v , 372 Table of Cases Reported. xix District Court, State ex rel. Finlen v 548 District Court ct al., State ex rel. Geyman v 433 District Court et al., State ex rel. Geyman et al v 483 District Court et al., State ex rel. Healy v 224 District Court 3t al.. State ex rel. Heinze et al. v 416 District Court^ State ex rel. Hennessy et al. v 274 District Court et al.. State ex rel. Leyson v .^7S District CVnirt., State ex rel. State Board of Medical Exam- iners V 121 Dotson, State v 305 Downey et iix., Brophy v 252 Driscoll V. Shields 494 Dwver, Frarv^ v 414 Dwyer, Frary v 501 KIlingwoo<l et al.. First National Bank of Butte v 554 Finlen v. Heinze et al 544 First Xational Bank of Butte v. Ellingwood et al. 554 Flovd-Jones, (\)inisli et al. v 153 Forbis et al. v. Grand Opera House Co 550 Ford, State v 1 Foster, State v . 71 Franshani, Alexander v 400 Fransham, Michener v 44 Frarv v. Dwver 414 Frarv' v. Dwver 501 GoflF V. Delnioe. - , 544 Gold Coin Mining & Milling Co., Spelman v 76 Goodale, Hughes v 93 Grand Opera H^use Co., Bender v 550 Grand Opera House Co., Clark & Bro. v 547 Grand Opera House Co., Clark et al. v ,. . 549 Grand Opera House Co., Forhis et al. v 550 Greenan, State ex rel. Thomas v 548 Griffin et al., Tinkel v 420 Griggs et al., Mclvor v 547 XX Table of Cases Reported. Halin V. Jaiues et al. 50 Hamilton et aL, Burke v 562 Hanson et al., Boehler v 563 Harrington et al., Madigan v 358 Harrison, Whalen ct al. v 31() Heinze et al. v. J^oston & Montana Consol. C. & S. Mining Co. . , 265 Ileinzo et al. v. Boston & Montana Consol. C. & S. Mining Co 552 Heinze et al., Finlen v 544 Helena &; Livini^r^ton S. & E. Co., Cuunnings v 434 Helena Consolidated Water Co., Kranich v 379 Howell, State v. .,. 3 Hughes V. Goodale 93 Hughes, Matusevitz v 212 Humble et al., Warren v 495 Hurley v. O'Xeill , 269 HjTies V. Barnes. . . ... .i 551 Industrial Printing Co., Porter et al. v. . . 170 In re Barker's Estate 279 Tn re Petition of Bovle et al , 365 In re Day > 556 In re Quinn's Estate 561 In re Reilly's Estate 358 In re Sutton - 557 In re Application of Walsh ., 562 In re Weed 241 In re Weed ........,..! 507 tlanies et al., Ilahn v. , 50 Jensen et al., W. man et al. v. . . 227 Joe Klaffki Co., Johnson County^ Savings Bank v 384 Johnson, State v , 9 Johnson County Savings Bank v. Joo KlaflFki Co. 384 Jordan et al. v. Andrus et al. . . .i 37 Table of Casbs Repobted. xxi Kellogg et al., Peirie v. 557 King V. Lincoln. , 157 King et al., Maloney et al. v. ...... 487 King et al., Maloney et al. v 492 Kiric et al. v. Baker et al. ........ ., . . . . . . . 100 Kranich v. Helena Consolidated Water Co 379 Langseth v. Plymouth. Grold Mining Co 553 Largey v. Mantle. (..,........ 264 Largey, Mantle v , 554 Lavell V. Commissioners of Silver Bow (\)nniv. 555 Lieneman et aL_, Beer v 02 Lincoln, King v. ., ..,.., 157 Lynch v. Bechtel. 552 Madigan v. Harrington et al 358 Maloney et al. v. King et al. 487 Maloney et al. v. King et al. 492 Mantle, Largey v. ........... 2Gi Mantle v. Largey. 554 Matusevitz v. Hughes.' 212 May V. City of Anaconda 140 May et al., Co\«ell v 103 McGovem et al., Booth v. ., 500 Mclvor V. Griggs et al. . . .,. 547 McCleman, State ex rel Reynolds v 545 Michener v. Fransham. .^ .i. .» 44 Montana Ore Puchasing Co. et al., Boston & Montana Con- sol. C. & S. Mining Co. v. ..... ., 140 Murphy et ali., T. C. Power & Bro. v 387 Murray v. Northern Pacific By. Co 268 N'apton, Bums v ....,..,. .i. ..... 300 Neff, Northern Pacific By. Co. v 552 Northern Pacific By. Co., Murray v 268 Northern Pacific By. Co. v. Neff 552 f xxii Table of Cases Reported. O'Neal, Threlkeld v , 209 O'Neal, Threlkeld v 553 O'Neill, Hurley v , 26<J Owsley, Intervenor and Appellant (Largey v. Mantle) . . 264 Pablo et al., Stillinger v. , 503 Passmore, Charles Schatzlein Paint Co. v. 500 Peine v. Kellogg et al. . 557 Phelps et al., Ohowen v. ., 524 Plymouth Gold Mining Co., Langseth v 553 Porter et al. v. Industrial Printing Co ,. . . . 170 Presoott, State v 546 Quinn's Estate, In re. . . ., 561 Reilly'a Estate, In re 35S Rogan et aJ., Ciiy of Helena v 452 Shadville v. Barker et al 45 Shadwell, State v 52 Shafer, State v 11 Sherlock, Trent et al. v 85 Shields, Driscoll v 494 Snook V. City of Anaconda » 128 Spelman v. Gold Coin Mining & Milling Co 76 Stanford v. Coram. ....... .i. .... 285 Stapp, Craver v ., 314 State ex rel. Koch v. Barret 62 State V. Beds. . 546 State ex rel. King et al. v. Clancy 550 State V. Dempsey. .. i. .i 504 State ex rel McGinniss v. Dickinson 391 State ex rel. Anaconda Copper Mining Co. v. District Court et al i .,. . . .. 396 State ex rel. Anaconda Capper Mining Co. v. District Court et al. 412 State ex rel. Baker v. District Court 369 Table of Cases Repobted. xxiii State ex rel. Bayle et al. v. District Court et al 365 State ex rel. Collins v. District Court et al 560 State ex rel. Donovan v. Distrixjt Court. . . ., 275 State ex rel. Fialen v. District Court. . . ., 372 State ex rel. Finlen v. District Court 548 State ex rel. Geyman v. District Court et al 433 State ex rel. Geyman et al. v. District Court et al 483 State ex ^pl. Healy v. District Court et al 224 State ex rel. Hoinze et al. v. District Court et al 416 State ex rel. Iler.nessy et al. v. District Court. 274 State ex rel. Leysonv. District Court et al 378 Stkte ex rel. State Board of Medical Examiners v. District Court , 121 State V. Dotson 305 State V. Ford 1 State V. Foster , 71 State ex rel. Thomas v. Greenan 548 State V. Howell. 3 State V. Johnson. 0 State ex rel. Eoynolds v. McClernan 545 State V. Prescoct. ......... .i 546 State V. Shadwell. .,. .\|. .). ... .i. ....... 52 State V. Shafer ,. 11 State V. Stevenson. .,. 332 State ex rel. Rol)ert Mitchell Furniture Co. v. T(H)le et al. 22 State V. Towner. . . 331) State V. Whitworth 107 State V. Woodman. . . .,. . . 348 State ex rel. Moshner v. Wright 540 Stevenson, Staie v ...,....) 332 Stillinger v. Pablo et al. ...... .i , 503 Stocking et al., T. C. Power & Bro. et al. v . 478 Story et aJ., Board of Commissioners of Custer County v. 517 Stuart^ Whipple et al. v. .,. ....,..».. 210 Sullivan V. Commissioners of Silver Bow Coiintv 555 Sutton, In re 657 xviii Table of Cases Repobted. Boyle et al., In re Petition of 365 Bright V. Burke et al 551 Brophy v. Downey et ux. . . 252 Burke et al., Bright v. . . . 551 Burke v: Hamilton et al. . . 562 Bums V. Xapton ....../ 360 Butte Butchoriug Co. et al., Tait et al. v 262 Charles Sdiateloin Paint Co. v. Passmore 500 Chowen v. Phelps et al 524 City of Anaconda^ May v 140 City of Anacourja, Snook v , 128 City of Helena v. Rogaii et al. 452 Clancy, State ex rel. King et al. v. . . . 550 Clark et al. v. Grand Opera House Co. et al . . . 549 Clark & Bro. v. Grand Opera House Co. et al 547 Commissioners of Silver Bow County, Lavell v 555 Commissioners of Silver Bow Coimly, Sullivan v. 555 Coram, Stanford v , 285 Cornish et al. v. Floyd-Jones 153 Cowell V. May ot al 163 Craver v. Stapp 314 Cummings v. Helena & Livingston S. & R Co 434 Day, In re 55G Delmoe, GoflF v 544 Dempsey, State v . . .i 504 Dickinson, State ex rel. McGinniss v 391 District Court et al., State ex rel. Anaconda Copper Min- ing Cb. v 396 District Court et al., State ex rel. Anaccmda Copper Min- ing Co. V : > 412 District Court, State ex rel. Barker v. 360 District Court .^t. al.. State ex rel. Boyle et al. v. . . 365 District Court ot al.. State ex rel. Collins v. . . 560 District Court, State ex rel. Donovan v 275 District Court et al.. State ex rel. Finlen v , 372 Table of Cases Reported. xix District Coiirt^ State ex rel. Finlen v 548 District Court ct al., State ex rel. Geyman v 433 District Court ot al., State ex rel. Geyman et al v 483 District Court ot al., State ex rel. Healy v 224 District Court ct al., State ex rel. Heinze et al. v 416 District Courts State ex rel. Ilennessy et al. v 274 District Court et al., State ex rel. Leyson v :17H District Court., State ex rel. State Board of Medical Exam- iners V 121 Dotson, State v 305 Downey et ux., Brophy v 252 Driscoil V. Shields , 494 Dwver, Frarv v , 414 Dwyer, Frarj' v 501 Ellingwood et al.. First Xational Bank of Butte v 554 Finlen v. Heinze et al ... . . . . 541: First Xational Bank of Butte v. Ellingwood et al. 554 Flovd-Jones, Coinish et al. v ,. . . 153 Forbis et al. v. Grand Opera House Co 550 Ford, State v .,. 1 Foster, State v 71 Franshani, Alexander v ,. 490 Fransham, Micheuer v 44 Frary v. Dwver 414 Frarv v. Dwver 501 «. 4/ Goff V. Delmoo. ....,....,...., 544 Gold Coin Mining & Milling Co., Spelman v 70 Goodale, Hughes v 93 Grand Opera House Co., Bender v 550 Grand Opera Hause Co., Clark & Bro. v 547 Grand Opera House Co., Clark et al. v 549 Grand Opera House Co., Forbis et al. v 550 Greenan, State ex rel. Thomas v 548 Griffin et al, Tinkel v. . . 420 Griggs et al., Mclvor v 547 Table of Cases Reported- HalTn V. Jainesetal Jf^ Hamilton et aL, Burke v '- Hanson ct al., Boehler v ^^J^ Harringr^'O^^ ot al., Madigan v ^'^' Harrison, Wlial-u et al. v. '^^^' Heinze ct al. v. Boston & Montana Consol. C, & S. MiningC To ; •• ^^^- lleiiizo et al. v. Boston & Montana Consol. C. & S. ^lininjr Co ^•'- lloinzo et al., Finlen v '^"^^ Helena & lyivincrston S. k R. Co., Cuniniings v ^'^^ Helena ConsoliJated Water Co., Kranicli v 3^0 Howell, State v. .,. ^ Hughes V. Goodale ^^ Hughes, Matusevitz v 212 Humble et al., Warren v 495 Hurley v. O'XeiU , 269 H;^Tie6 V. Barnes. . . .,. .i 551 Industrial Printing Co., Porter et al. v 170 In re Barker's Estate 270 In re Petition of Bovle et al 365 In re Day 556 In re Quinn's Estate 561 In re Reillv's Estate 35S In re Sutton 557 In re Application of Walsh , 562 In re Weed 241 In re Weed , 507 James et al., Halm y 50 Jensen et al., W.nian et al. v 227 Joo KlafFki Co., Johnson Coamtv^ Savings Bank v 384- Johnson, State v ^ Johnson County Sayings Bank y. Joo KlaflFki Co 384 Jordan et al. y. Andrus et al 37 hi Table of Cases Reported. xxi Kellogg et al., Peirie v. 557 King V. Lincoln. 157 King et al., Maloney et al. v .,. . 487 King et al., Maloney et al. v 492 Kirk et al. v. Baker et al . . .,. . . ..... 190 Kranich v. Helena Consolidated Water Co 379 • I^Angseth V. Plymouth Gold Mining Co 553 I^rgey v. Mantle. 264 Largey, Mantle v , 554 Lavell V. Commissioners of Silver Bow (\niniv. 555 Lieneman et al.. Beer v 92 Lincoln, King v. 157 Lynch v. Bechtol. 552 Madigan v. Harrington et al . 358 Maloney et aL v. King et al. .- 4S7 Maloney et al. v. King et al. 492 Mantle, Largey v. ..... ., 264 Mantle v. Largey 554 Matusevitz v. Hughes.' 212 May V. City of Anaconda 140 May et al., Co\«ell v 1()3 McGovem et al., Booth v. 5()0 Mclvor V. Griggs et al , 547 McCleman, State ex rel Eeynolds v 545 Michener v. Fransham. .r. .i. .t. ., 44 Montana Ore Puchasing Co. et al., Boston & Montana Con- sol. C. & S. Mining Co. v 146 Murphy et al., T. C. Power & Bro. v 387 Murray v. Northern Pacific By. Co 26S Ifapton, Bums v ,. .,. .i. ., 360 XeflF, Northern Pacific By. Co. v 552 Northern Pacific By. Co., Murray v 268 Northern Pacific By. Co. v. Neff 562 ( xxii Table of Cases Reported. O'Neal, Threlkeld v 209 O'Neal, Threlkeld v 553 O'Neill, Hurley v ., 26"J Owsley, Intervenor and Appellant (Largey v. Mantle) . . 264 Pablo et al., Stillinger v 503 Passmore, Charles Schatzlein Paint Co. v. 500 Peirie v. Kellogg et al. ...... 557 Phelps et al., <>howen v 524 Plymouth Gold Mining Co., Langseth v 553 Porter et al. v. Industrial Printing Co ,. . . . 170 Presoott, State v 54G Quinn's Estate, In re. ....... 561 Eeilly'a Estate, In re 35S Rogan et al., Ciiy of Helena v 452 Shadville v. Barker et al 45 Shadwell, State v i 52 Shafer, State v 11 Sheriock, Trent et al. v 85 Shields, Driscoll v , 494 Snook V. City of Anaconda. .....; ^ 128 Spelman v. Gold Coin Mining & Milling Co 70 Stanford v. Coram. ....... .i. .. 285 Stapp, Craver v. ............ 314 State ex rel. Koch v. Barret 62 State V. Beals. . . .i , 540 State ex rel. King et al. v. Clancy. 550 State V. Dempsay. .;. . . .i. .,. ... .,....., 504 State ex rel McGinniss v. Dickinson 391 State ex rel. Anaxjonda Copper Mining Co. v. District Court et al .,. ... .i. .\|. .,. . . .,. . . . 395 State ex rel. Anaconda Copper Mining Co. v. District Court et al. .1 412 State ex rel. Baker v. District Court 369 Table of Cases Reported. xxiii State ex rel. Boyle et al. v. District Court et al 365 State ex rel. Collins v. District Court et al 560 State ex rel. Donovan v. District Court. . . ., 275 State ex rel. Fialen v. District Court. . . ., 372 State ex rel. Finlen v. District Court 548 State ex rel. Geyman v. District Court et al 433 State ex rel. Geyman et al. v. District Court et al 483 State ex ^pl. Healy v. District Court et al 224 State ex rel. Heinze et al. v. District Court et al 41() State ex rel. Her.nessy et al. v. District C^rt 274 State ex rel. Leyson* v. District Court et al 378 Stkte ex rel. State Board of Medical Examiners v. District Court 121 State V. Dotson 305 State V. Ford , 1 State V. Foster. . . ., 71 State ex rel. Thomas v. Greenan 548 State V. HoweU , 3 State V. Johnson. 0 State ex rel. Reynolds v. McClernan 545 State V. Presoott. . .' .......!.. 546 State V. Shadwell. . . .\|. ...... .i. 52 State V. Shafer 11 State V. Stevenson ., 332 State ex rel. Robert Mitdiell Furniture Co-, v. T(X)le et al. 22 State V. Towner 330 State V. Whitworth 107 State V. Woodman 348 State ex rel. Moshner v. Wright 540 Stevenson, State v. ............. 332 Stillinger v. Pablo et al . . ., 503 Stocking et al., T. C. Power & Bro. et al. v 478 Story et al., Board of Commissioners of Custer County v. 517 Stuart^ Whipple et al. v. ...■..,..,. ., 219 Sullivan V. Commissioners of Silver Bow County 555 Sutton, In re 557 xxiv Table of Cases Kepobted. Tait et al. v. Butte Butchering Co. et al 262 T. C. Power & Bro. v. Murphy et al 387 T. C. Power & Bro. et al. v. Stoeking et aJ. . . . . 478 Threlkeld v. O'.NTeal 209 Threlkeld v. O'Neal 553 Tinkel v. Griffin et al. ^. 426 Toole et al., State ex rel. Robert Mitchell Furniture Co. v. 22 ToA\Tier, State v ,..,..... 339 Trent et al. v. Sherlock 85 Walsh, In re Application of 5G2 Warren v. Humble et al 495 Weed, In re 241 Weed, In re 507 Wetzstein v. Boston & Montana Consol. Copper & Silver Mining Co. 193 Whalen et al. v. Harrison 310 Whipple et al. v. Stuart 219 Whitworth, SUte v 107 Woodman, State v. 348 Wright, State ex rel. Moshner v 540 Wynian et al. v. Jensen et al. 227 TABLE OF CASES CITED. (For cases cited from the Montana (Reports, see table at the end of this volume.) Ajdams v. Brenan, 177 111. 194l 34 Albrrttln v. Mayor, etc. of Huwtsville, 60 Ala. 486 136 Aliso WaAer Co. v. Baxter, 96 Cal. 268..: 474 Allen V. Railroad Co., 150 Mass. 20O 297 American Lafrhtingr Co. v. MoCuen, 92 Md. 703 29 Appeal of Thorn, 35 Pa. St. 47 106 Arrowsmlth v. Harmoning, 42 Ohio St. 254.. I ' < 105 'Arthur v. iHDomeBtead Fire Ins. Co., 78 N. Y. 463.. i..; 254 Atchison & Neb. R. R. Co. v. Reecher, 24 Kan. 228 84 Atlantic & Pac. R. R. Co. v. 'Rtelsner, 18 Kan. 458 84 Bachelor V. Korb, 58 Nteb. 122.. ■ : ! ■.... 102 Baltimore & O. R. R. Co. v. McCullougrh & Co.. 12 Gratt. 596 168 Barber's Administrator v. Hopewell, 1 Metcalfe (Ky.), 260 102 Barbieri v. IRamalli, 84 Cal. 154 259 Bam«s V. District of Colun^ia, 91 U. -S. 540 i , — 135 Bennett v. Griffiths, 30 I^aw J. Q. B. 98 409 Bennftt v. Whitehouse, 28 Deav. 119 409 Blakesley V. Whieldon, 1 (Hare, 176 — »..» — > i..i 409 Blumberg v. Birch, 99 Cal. 416 259 Board of Utiuidation v. McComb, 92 U. S. 541 28 Bolden v. (Railway Co., 123 ^N. C. 614 442 Boren v. Commissioners, 21 Ohio St. 311 30 Boston Bar lAssociation v. Greenhood, 168 Mass, 169. . . .i. .• 514 Bowering^ v. Adams, 126 Cal. 653....i..i 390 Boyd V. Sapplngton, 4 Watts, 247 79 Breslin v. Brown. 24 Ohio St. 669....!..; ,...., ..\| 330. 331 Brigrgs V. TlUotson, 8 Johns. 304 329 Bristol V. Washington County, 177 U. S. 14T ...' 521 Brook V. State, «5 Ind. 397»..f ,.....\.., i.' ..« 481 Brown v. GMstrict of Columbia, 127 U. S. 979 135 Brown v. Green, 65 Cal. 221 i.. - — • — .- 386 Brown v. Missouri, K. & T. Ry. Oo., 67 Mo. 122 84 Bn>wn V. Volkening, 64 N. Y. 76..; ,.......i i 261 Brown v. Willis, 67 Cal. 256 ■» 261 BufFendeau v. Bdmondson, 24 Cal. 95 i ». .\| — 385 Bullion, etc. Mining Co. v. Hurefka Hill Mining Co., 5 Utah, 151 489 Bunce v. Bunce, 59 Iowa, 533 »..'.. — i 1 104. 106 Butterfield v. Forreoter, 11 East. 60 461 (XXV) XX Table of Cases Reported. Hahn V. Jaiues ot al .")() Hamilton et aL, Burke v 562 HansTrn et al., Boehler v 503 Harrington et al., Madigan v 35S Harrison, \Vlial;»»i et al. v 310 Heinze et al. v. 'Boston & Montana Cons^)]. C k S. Mining (V> 2(>5 Heinze et al. v. Ifeston & ^fontana Consol. C. A: S. Alining (V) 552 Heinze et al., Finlen v 544 Helena k Living-^t^m S. & R. Co., Cuuunings v 434- Helena (,^onsoli«late<l Water Co., Kranioli v 37t) Howell, State v. 3 Hughes V. Goodale 93 Hughes, Matusevitz v 212 Humble et al., Warren v 495 Hurlev v. O'XeiU 269 H>Tie6 V. Barnes 551 t. Industrial Printing Co., Porter et al. v 170 In re Barker's Estate , 279 In re Petition of Bovle et al 365 In re Dav 556 In re Quinn's Estate 561 In re Reillv's Estate 35S In re Sutton , 557 In re Application of Walsh 562 In re Weed 241 In re Wee<l 507 • James et al., Hahn v 50 Jensen et al., W.man et al. v. . . 227 Joe Klaffki Co., Johnson Countrv' Savings Bank v 384 Johnson, State v , 9 Johnson County Savings Bank v. Joe Klaffki Co 384 Jordan et al. v. Andrus et al. . . .,. 37 Table of Cases Reported. xxi Kellogg et al., Peine v 557 King V. Lincoln. ..... .\|. ... ., 157 King et aL, Maloney et al. v. ...... ., 487 King et al., Maloney et al. v 492 Kirk et al. v. Baker et al. ........ ., 190 Kranich v. Helena Consolidated Water Co . 379 • Langseth v. Plymouth Grold Mining Co 553 Largey v. Mantle. ...,...., 264 Largey, Mantle v , r)54 Lavell V. Commissioners of Silver Bow Countv 5 ;■)."> Lieneman et al.. Beer v. 1)2 Lincoln, King v. .... ., 157 Lynch v. Bechtel. ^^iy^, Madigan v. Harrington et al 358 Maloney et al. v. King et al. 487 Maloney et al. v. King et al. 41)2 Mantle, Largey v 2i\\r Mantle v. Largey. 554 Matusevitz v. Hughes.' 212 May V. City of Anaconda 140 May et al., CoT«ell v 1(;3 McGovem et al., Booth v. 500 Mclvor V. Griggs et al 547 McCleman, State ex rel Eeynolds v 545 Michener v. Franaham. .^. .i. .i 44 Montana Ore Puchasing Co. et al., Boston & Montana Con- sol. C. & S. Mining Co. v. . . . . ., 140 Murphy et al, T. C. Power & Bro. v 387 Murray v. Northern Pacific Ry. Co 268 Napton, Bums v .,. .i. ., 300 Neff, Northern Pacific Ry. Co. v 552 Northern Pacific Ry. Co., Murray v 268 Northern Pacific Ry. Co. v. Neff 552 » xxii Table of Cases REroitxED. O'Neal, Threlkeld v. ., 209 O'Neal, Threlkeld v 553 O'Neill, Hurley v 269 Owsley, Intervenor and Appellant (Largey v. Mantle) . . 264 Pablo et al., Stillinger v. ., 503 Passmore, Charles Schatzlein Paint Co. v 500 Peirie v. Kellogg et al. . 557 Phelps et al., Ohowen v 524 Plymouth Gold Mining Co., Langseth v 553 Porter et al. v. Industrial Printing Co . . . 170 Presoott, State v 54G Quinn's Estate, In re. . . ., 561 Eeilly'a Estate, In re 35S Rogan et aJ., Ciiy of Helena v 452 Shadville v. Barker et al 45 Shadwell, State v. .,. .: 52 Shafer, State v » 11 Sherlock, Trent et al. v .i 85 Shields, Driscoll v , 494 Snook V. City of Anaconda , » 128 Spelman v. Gold Coin Mining & Milling Co 76 Stanford v. Coram. ....... .i. .... 285 Stapp, Craver v. ............... 314 State ex rel. Koch v. Barret . . . 62 State V. Beals. 546 State ex rel. King et al. v. Clancy. 550 State V. Dempsey. .i. . . .i. .,. 504 State ex rel McGinniss v. Dickinson 391 State ex rel. Anaconda Copper Mining Co. v. District Court et al ,. i. .i . . ... . . .,. . . ., 396 State ex rel. Anaconda Copper Mining Co. v. District Court et al. 412 State ex rel. Baker v. District Court 369 Table of Cases Reported. xxiii State ex re\. Boyle et al. v. District Court et al 365 State ex rel. Collins v. District Court et al 560 State ex rel. Donovan v. District Court. . . 275 State ex rel. Fialen v. District Court 372 State ex rel. Finlen v. District Court 548 State ex rel. Geyman v. District Court et al 433 State ex rel. Gcyman et al. v. District Court et al 483 ! » State ex ^1. Healy v. District Court et al 224 State ex rel. Heinze et al. v. District Court et al 416 Statfi ex rel. Iler.nessy et al. v. District Court 274 State ex rel. Leysou'V. District Court et al 378 I St&te ex rel. State Board of Medical Examiners v. District I Court 121 State V. Dotson 305 I State V. Ford 1 State V. Foster. . . ., 71 State ex rel. Thomas v. GrecMian 548 State V. Howell. ., 3 State V. Johnson . , 9 State ex rel. Reynolds v. McClernan 545 State V. Prescott. .,.'. ..... .i. 546 State V. Shadwell. ... .\|. ... ... .i. ...... 52 State V. Shafer 11 State V. Steven^n ., 332 State ex rel. Robert Mitchell Furniture Co. v. Toole et al. 22 State V. Towner 331) State V. Whitworth 107 State V. Woodman. . . . . . . ., 348 State ex rel. Moshner v. Wright 540 Stevenson, Staie v ..,...., 332 Stillinger v. Pablo et al ., 503 Stocking et al., T. C. Power & Bro. et al. v 478 Story et al., Board of Commissioners of Custer County v. 517 Stuart, Whipple et al. v. .,. ... .,. .,. ., , 219 Sullivan V. Commissioners of Silver Bow County 555 Sutton, In re 557 tr xviii Table of Cases Repobted. Boyle et aJ.; In re Petition of 365 Bright V. Burke et al 551 Brophy v. Downey et nx 252 Burke et al., Bright v. . . 551 Burke v: Hamilton et al. 562 BiuTis V. Xapton . . . , 360 Bntto Butchei-ing Co. et al., Tait et al. v 262 Charles Scliatzloin Paint Co. v. Passmore 500 Chowen v. Phelps et al 524 City of Anaconda, May v 140 City of Anax»ufja, Snook v 128 City of Helena v. Rogan et al. ......,.., 452 Clancy, State ex rel. King et al. v 550 Clark et al. v. Grand Opera House Co. et al 549 Clark & Bro. v. Grand Opera House Co. et al 547 Commissioners of Silver Bow County, Lavell v 555 Commissioners of Silver Bow County, Sullivan v 555 Coram, Stanford v , 285 Cornish et al. v. Floyd-Jones 153 Cowell v. May et al 163 Craver v. Stapp 314 Cununings v. Helena & Livingston S. & R^ Co 434 Day, In re 556 Delmoe, Goff v 544 Demi)6ey, State v 504 Dickinson, State ex rel. McGinniss v 391 District Court et al., State ex rel. Anaconda Copper Min- ing Co. v 396 District Court et al., State ex rel. Anaco(nda Copper Min- ing Co. V 412 District Court, State ex rel. Barker v 360 District Court 4>t al., State ex rel. Boyle et. al. v 365 District Court ot al.. State ex rel. Collins v 560 District Court, State ex rel. Donovan v 275 District Court et ah. State ex rel. Finlen v , 372 Table of Cases Reported. xix District Court, State ex rel. Finlen v 548 District Court ct al., State ex rel. Geyman v 433 District. Court et al., State ex rel. Q^yman et al v 483 District Court et al., State ex rel. Healy v 224 District Court ct al., State ex rel. Heinze et al. v 41(5 District Court;, State ex rel. Ilennessy et al. v 274 District Court et. al., State ex rel. Levsou v .'578 District Court, State ex rel. State Board of Medical Exam- iners V 121 Dotson, State v 305 Downey et ux., .»3rophy v 252 Driscoll V. Shields 494 Dwver, Frarv v . . ., 414 Dwver, Frar\^ v 5G1 Ellingwood et al.. First Xational Bank of Butte v 554 Finlen v. Heinzo et al. ... . . .,. 544 First Xational Bank of Butte v. Elling^vood et al. 554 Floyd-Jones, Coinisli et al. v 153 Forbis et al. v. Grand Opera House Co 550 Ford, State v 1 Foster, State v 71 Fransham, Alexander v 49(i Fransham, Miehener v 44 Frary v. Dwyer ., 414 Frars' v. Dwyer 501 Goff V. Delmoe i 544 Gold Coin Mining & Milling Co., Spelman v 70 Goodale, Hughes v. . . 03 Grand Opera House Co., Bender v 550 Grand Opera H:>use Co., Clark & Bro. v 547 Grand Opera House Co., Clark et al. v ,. . 540 Grand Opera House Co., Forbis et al. v 550 Greenan, State ex rel. Thomas v 548 Griffin et al., Tinkel v. . . 420 Griggs et al., Mclvor v 547 XX Table of Cases Reported. Hahn v. Jaiiies et al 50 Hamilton et aL, Burke v 5G2 Hanson et al., Boehler v. 563 Harrington et al., Madigan v 358 Harrison, Wlialen et al. v. . . 31() Heinze et al. v. j3oston & Montana Consol. O. & S. ^lining Co , 205 Heinze et al. v. iioston & Montana Consol. C. & S. Mining Co 552 Heinze et al., Finlen v 544- Ilelena & Livingston S. & R. Co., Cummings v 434 Helena Consolidateil AVater Co., Kranicli v 379 Howell, State v. .... 3 Hughes V. Goodale 93 Hughes, Matusevitz v , 212 Humble et al., Warren v 495 Hurley v. O'Xeill , 269 H;)Tie6 V. Barnes. ...,.., 551 Industrial Printing Co., Porter et al. v. . . 170 In re Barker's Estate ,. 279 In re Petition of Bnvlc et al 365 In re Day ■ 556 In re Quinn's Estate 561 In re Reillv's Estate 358 In re Sutton 557 In re Application of Walsh 562 In re Weed 241 In re Weed 507 « James et al., Hahn v 50 Jensen et al., W,'man et al. v. .,. 227 Joe Klaffki Co., Johnson County' Savings Bank v 384 Jolinson, State v 9 Johnson County Savings Bank v. Joe Klaffki Co. 384 Jordan et al. v. Andrus et al ...... 37 Table of Cases Bepobted. xxi Kellogg et al., Peirie v 557 King V. Lincoln. .-...., .,. .; 157 King et al., Maloney et al. v ,. 487 King et al., Maloney et al. v 492 Kirk et al. v. Baker et al ., 190 Kranich v. Helena Consolidated Water Co . . . 379 • Langseth v. Plymouth Grold Mining Co 553 Largey v. Mantle. 264 Largey, Mantle v . . ., r)54 Lavell V. Commissioners of Silver Bow Countv. . . 5r).'> a Lieneman et aL, Beer v 92 Lincoln, King v. 157 Lynch v. Bechtol. , r)r)2 Madigan v. Harrington et al 358 Maloney et al. v. King et al. 4S7 Maloney et al. v. King et al. 492 Mantle, Largey v. 201: Mantle v. Largey. 554 Matnsevitz v. Hughes.' 212 May V. City of Anaconda 140 May et al., Co\\5ell v 1(>;] McGovem et :U., Booth v. 5(50 Mclvor V. Griggs et al 547 McCleman, State ex rel Reynolds v 545 Michener v. Franaham. .\. .i. .,. ., 44 Montana Ore Pnchasing Co. et al., Boston & Montiina Con- sol. C. & S. Mining Co. v 140 Murphy et aL, T. C. Power & Bro. v 387 Murray v. Northern Pacific Ry. Co , 2GS Napton, Bums v. .,. .i. ., 300 Neff, Northern Pacific Ry. Co. v 552 Northern Pacific Ry. Co., Murray v 268 Northern Pacific Ry. Co. v. Neff 552 I xxii Table of Casks Reported. O'Neal, Threlkeld v 209 O'Neal, Threlkeld v 553 O'Neill, Hiirlev v 260 Owsley, Intervenor and Appellant (Largey v. Mantle) . . 264 Pablo et al., Stillinger v 503 Passmore, Charles Schatzlein Paint Co. v 500 Peine v. Kellogg et al. . .1 557 Phelps et al., Chowen v 524 Plymouth Gold Mining Co., Langseth v 553 Porter et al. v. Industrial Printing Co ,. . . . 170 Prescott., State v 54G Quinn's Estate, In re. . . ., 561 Reilly's Estate, In re 35S Kogan et al., Ciiy of Helena v 452 Shadville v. Barker et al. 45 Shadwell, State v. ... ., 52 Shafer, State v 11 Sherlock, Trent et al. v 85 Shields, Driscoll v 494 Snook V. City of Anaconda. - 128 Spelman v. Grold Coin Mining & Milling Co 70 Stanford v. Coram. ....... .\|. .... 285 Stapp, Craver v ,..,..,.. 314 State ex rel. Koch v. Barret 62 State V. Beals. .,. 540 State ex rel. King et al. v. Clancy. 550 State V. Dempsey. .,. 1. .1 ,.....; 504 State ex rel McGinniss v. Dickinson 391 State ex rel. Anaconda Copper Mining Co. v. District Court et al ,. .1. . . .;. ... .1. .\. . . . . . . . . . . .,. . . ... . . . 396 State ex rel. Anaconda Copper Mining Co. v. District Court et al. 412 State ex rel. Baker v. District Court 369 Tabl£ of Cases Bepobted. xxiii State ex rel. Boyle et al. v. District Court et al 365 State ex rel. Collins v. District Court et al 560 State ex rel. Donovan v. District Court. . . ., 275 State ex rel. Fialen v. District Court. . . ., 372 State ex rel. Finlen v. District Court 548 State ex rel. Geyman v. District Court et al 433 State ex rel. Geyman et al. v. District Court et al 483 State ex ^pl. Hoaly v. District Court et al 224 State ex rel. Heinze et al. v. District Court et al 41(5 State ex rel. Her.nessy et al. v. District Court 274 State ex rel. Leyson-v. District Court et al 378 Stfete ex rel. State Board of Medical Examiners v. District Court . , 121 State V. Dotson 305 State V. Ford , 1 State V. Foster 71 State ex rel. Thomas v. Greenan 548 State V. Howell 3 State V. Johnson. 9 State ex rel. Reynolds v. McClernan 545 State V. Prescott. ...' 546 State T. Shadwell. ... .\|. ... ... .i. ....... 52 State V. Shafer 11 State V. Stevenson. i 332 State ex rel. Robert Mitchell Furniture Co. v. Toole et al. 22 State V. Towner , 331) State V. Whitworth 107 State V. Woodman. 348 State ex rel. M>shner v. Wright 540 Stevenson, Sta^e v ..,...., 332 Stillinger v. Pablo et al 503 Stocking et al., T. C. Power & Bro. et al. v. . . 478 Story et aJ., Board of Commissioners of Custer County v. 517 Stuart., Whipple et al. v. .,..!.....,. 210 Sullivan V. Commissioners of Silver Bow County 555 Sutton, In re . . 557 xsiv Table of Cases Kepobted. Tait et aL v. Butte Bnttiiering Co. et al 262 T. C. Power & liro. v. Mnrphy et al 387 T. C. Power & Bro. et aL v. Storing et al 478 Threlkeld v. O'Xeal 209 Threlkeld v. O'Neal 55S Tiakel v. Griffin et al ^ 426 Toole et al,, State ex rel, Robert Mitchell Furniture Co. v. 22 To«Tier, State v aSD Trent et al. v. Sherlock S') Walsli, In re Application of i>C2 Warren v. Humble et al 495 Weed, In re 241 Weed, In re 507 Wetzfitein v. Boston & Montana Oonsol. Copper & Silver Mining Co. ., 193 Whalen et al. v. Harrison Slfi Whipple et al. v. Stuart 219 Whitworth, Sute v 107 Woodman, State v 348 Wright, State ex rel. Moshner v ."SiO Wj'man et al. v. Jensen et al. , 227 TABLE OF CASES CITED. (For cases cited from the Montana (Reports, see table at the end of this volume.) ^Ajdams v. Brenan, 177 111. 194 , 34 Albrittin v. Mayor, etc. of Huntsvllle, 60 Ala. 486 136 Aliso WaJter Co. v. BaOcer, 95 Cal. 268..: 474 Allen V. Railroad Co., 150 Mass. 20O 297 American Liigrhtlng: Co. v. McCuen, 92 Md. 703 29 Appeal of Thorn, 35 Pa. St. 47 106 Axrowsmith v. Harmonlng, 42 Ohio St. 254 1 > 105 'Arthur v. Homestead Fire Ins. Co., 78 N. Y. 46a..\|..,.. 254 Atchison & Neb. R. R. Co. v. Reecher, 24 Kan. 228 84 Atlantic & Pac. R. R. Co. v. iRIeisner, 18 Kan. 458 84 Bachelor v. Korb, 58 Nteb. 122. ....... .' : i 102 Baltimore & O. R. R. Co. v. McCullougrh & Co., 12 Gratt. 595 168 Barber's Administrator v. Hopewell, 1 Metcalfe (Ky.), 260 102 Barbieri v. Ramalli, 84 Cal. 154 259 Barnes v. District of Colunijbia, 9i U. -S. 540 i ..,....' 135 Bennett v. Griffiths, 30 .Law J. Q. B. 98 409 Bennttt v. Whitehouse, 28 Beav. 119 409 Blakesley v. "Wliieldon, 1 Hare, 176 i. .» / i. .\|. : — 409 Blumberg v. Birch, 99 Cal. 416.. 259 Board of liltiuidatlon v. MoComb, 92 U. S. 541 28 Bolden v. (Rjailway Co., 123 iN. C. 614 .. ^ 442 Boren v. Commissioners, 21 Ohio Sit. 311 30 Boston Bar Association v. Greenhood, 168 Mass. 169 — i. .< 514 Bowering v. Adams, 126 Cal. 653 i..i 390 Boyd V. SappinRton, 4 Watts, 247 79 Breslin v. Brown, 24 Ohio St. 669.. ■..)..' , ,..,.. 330, 331 Brigrgs V. TlUotson, 8 Johns. 304 329 Bristol V. ^Washingrton County, 177 U. S. 14T ,..• 521 Broclc V. ettsde, «5 Ind. Z9ik., .....\|.., i..' \ 481 Bpown V. "District of Columbia, 127 U. fii. 579 135 Brown v. Green, 65 Cal. 221 i.. ..' i — . . 386 Brown v. Missouri, K. & T. Ry. Co., 67 Mo. 122 84 Brown v. Volkening, 64 N. T. 76.... ............ ..\| 1 261 Brown v. Willis, 67 Cal. 255 ..\ 261 Buffendeau v. Bdmondson, 24 Cal. 95 ..■.. «. .\| — 385 Bullion, etc. Mining Co. v. :E3ureika Hill Mining Co., 5 Utah, 151 489 Bunce v. Bunce, 59 Iowa, 533 ,. .'. . — i I — » 104, 106 Butterfleld v. Forresfter, 11 East, 60 451 (XXV) 14 State t;. Shafbb. [Oct T.'Ol the degree of the crime of which he is guilty.^ The court also instructed the jury with care as to what elements must accom- pany the murder to malce it murder in the first dee^ree. In the Baker Case, supra, the court says : "The question for this court to determine is^ whether this was a sufficient defini- tion of murder in the second degree (being in language of stat- ute), to enable the jury to determine the essential character- istic of the d^ree of homicide." Testing this question by the instructions given in this case, we are firmly convinced that the requirements have been complied with. First, the court in- structed that "murder is the unlawful killing of a himian being with malice aforethought Second, that to constitute murder in the first degree, it must be deliberate and premeditated. Third, "All other kinds of murder are of the second degree,^' meaning, of course^ all kinds of murder except that accompanied by delib- eration and premeditation. Construing the instructions to- gether, it is impossible to draw any conclusion from them other than that the words "All other kinds of murder are of the sec- ond degree,'^ means the unlawful killing of a human being with malica The definition of murder in the second d^ree in this state is simply the Code definition of murder. (State v. Calde^, 23 Mont 504, 521 ; State v. Fisher, 23 Mont 540, 546.) From the fact that the crime is presumed to be murder in the second degree "when the state has proved the killing by thp> defendant without evidence tending to show that the act amoimts to man- slaughter, or that the defendant is jusifiable or excusable" (State V. Fisher, supra) ^ it must follow that murder in tho second d^ree is simply the unlawful killing with malice^ other- wise there could be no such presumption, and if that presump- tion is correct, then the court did fully instruct as to murder in the second degree when it instructed as to murder. MR CHIEF JUSTICE BRANTLY delivered the opinion of the court Upon a second trial, granted to the defendant by the district court in obedience to the mandate of this court (State v. Shafer, 26 Mont] State v. Shafer. 15 22 Mont 17, 55 Paxj. 526), he was again convicted of mnrder of the first degree and condemned to death. This appeal is from the judgment and an order denying a new trial. 1. The charge against the defendant was by information filed by the county attorney by leave of court upon a motion in writing not verified. The information was verified by the county attorney upon his information and belief. Prior to the filing of the formal charge there had been no preliminary ex- amination by a justice of the peace founded upon a complaint or afiSdavit reduced to writing and showing probable cause, sup- ported by oath or affirmation of any person. The motion for leave iix the district court was accompanied by a statement in writing, but this was not supported by oath or affirmation. The defendant was arrested and brought into court under a bench warrant issued after the information was filed. He tJiereupon moved the court to set aside the information on the ground that he had been arrested and held to answer the chargq preferred against him in violation of Section 7 of Article III of the Con- stitution of the state, which prohibits the issuance of any war- rant to seize any person without probable cause, reduced to writ- ing, and supported by oath or affirmation. The motion was overruled, and, upon arraignment the defendant standing mute, a plea of not guilty was ordered entered by the court There- after the cause was tried, resulting in a judgment of conviction. The contention of the defendant now made for the first time in this case is that, under the constitutional provision referred ta, the written charge by the coxmtj attorney, verified npon his information and belief only, and not supported by an affidavit by himself or some other person setting forth facts sufficient to show probable cause, did not authorize the issuance of the warrant, his arrest, and subsequent trial. The sections of the statute regulating the filing of informa- tions upon leave granted by court (Penal Codcj, Sees. 1383- 1387, 1810, et seq.)y and prescribing the necessary steps to be taken, require a written motion for such leave, but nowhere provide that it must be supported by oath or affirmation. Under 16 Statb v. Shafbb. [Oct T.'Ol the statute of 1891 (Session Laws of 1891, p. 249, Sec. 3), the county attorney was required to verify the information, but Mr. Justice Hunt, in commenting upon this requirement in State v. McCaffery, 16 M<»it 33, 40 Pae. 63, points out that the words ^'probable cause," as used in the constitution, are properly con- strued to embrace facts embodied in a complaint or information charging an ofiFense upon information and belief. We believe this to be the true construction, both upon principle and for sound reasons of public policy. Where a charge is preferred by indictment in this state, it is usually based upon the informa- tion and belief of a grand jury of seven men. If the grand jury were required to act upon personal knowledge of the crimes for which they present indictments, it would rarely be the case that a charge could be preferred, no matter how mudi informa- tion they might obtain from witnesses, nor how thoroughly well founded their belief in the truth of it and the guilt of the person accused. So it is with the county attorney or other public officer in endeavoring to bring wrongdoers to punishment In the nature of things, these officers can rarely have personal knowl- edge of the facts and circumstances of a crime ; and, in case of their inability to secure the affidavit of some one possessed of such knowledge upon which to prefer a charge, the lawbreaker would go unpunished. The provisions of the Code touching in- formations merely require that they shall be subscribed by the county attorney. It is nowhere made his dut^ to attach his verification, or to support the formal charge by an affidavit either by himself or any other person. It was held by this court in State v. Claruiy, 20 Mont 498, 52 Pac. 267, that the provision of the constitution here invoked is not violated by an omission on the part of the legislature to require an informa- tion to be verified, but that it is satisfied when an inf orm.ation, properly subscribed, is filed by the county attorney, because in thus presenting a formal chaige this officer acts under his official oath. After a careful re-examination of the authorities citerl and the provisions of the statute pertinent to the subject, we are satisfied with the conclusions reached in State v. Chmey, 26 Mont] State v. Shafeiu "> 17 supra; and it necessarily follows that the written motion madd by the county attorney for leave to file the information need not be supported by oath or affirmation, nor is it required that it should set forth with technical accuracy the facts constituting a formal charge. 2. The facts leading up to and attending the homicide are, briefly stated, the following: On the evening of August 11, 1897, the deceased, Hawkins, and the defendant, with some of iheir friends, had attended a dance at the Columbia Gardens, a resort near Butte^ in Silver Bow county, remaining there until the following morning. About 2 o^clock in the morning Hawkins and the defendant had a personal encounter, during which Hawkins struck the defendant The latter thereupon drew his pistol and fired twice at Hawkins, but without effect Mutual f Abends interfered and stopped the conflict^ and shortly thereafter Hawkins and the defendant, with their friends^ re- turned to Butta The defendant, with some of his party, went to the Swim Saloon, arriving there between 5 and 6 o'clock. The bar in the saloon forms a right angle with the line of the street, extending back from the front Upon entering the place the rest of the! party began to drink, and were standing about the room in front of the bar. The defendant apparently did not join in the drinking, but stood near and beyond the end of the bar towards the back of the room, some 18 feet from the en- trance, leaning against a refrigerator. He was facing the street entrance. In a few minutes Hawkins entered alone. From this point there is a conflict in the evidence as to what took placa Some of the witnesses stated that Hawkins advanced towards the bar as if to order a drink, and stopped near the front of the room, with his right arm resting on the bar and his left hanging at his side; that thereupon, the defendant, having advanced within a foot or two of Hawkins, thrust the muzzle of his pistol against Hawkins and fired ; that Hawkins caught the pistol and tried to wrest it from the defendant; and that there then fol- lowed a general fight between Hawkins on one side and the de- fendant and two or three of his friends on the other, which con- Vol. XXVI— 2 18 State v. Shafeb. [Oct T/01 tinued until HawkinB, having secured the pistol, broke away and ran into the street, where he was arrested by a policeman. Other witnesses stated that Hawkins upon entering the place held his right hand concealed in the pocket of his coat; that he proceeded to within a few feet of the defendant^ who advanced to meet him; that thereupon Hawkins and the defendant clinched and began to fight; and that in a moment the shot was fired by the defendant, inflicting a wound in Hawkins' abdomen, from which, other evidence shows, he died on the following day. All the witnesses agree that in the general fi^t Hawkins was badly beaten and cut about the back of his head and neck, and that this was done by the friends of the defendant No words were spoken by either Hawkins or defendant, except that, just as the encounter began, one or the other (it is not certain which) said^ ''What is the matter with you i" There it. in the record evidence that some one told the defendant after he entered tlie saloon that Hawkins, since his return from the Columbia Gar- dens, had been trying to borrow a pistol, and had stated that he was ''going to kill a nigger before morning." The defendant i^y a negro, as was also Hawkins. As a matter of fact, it subse- quently appeared that Hawkins had no weapon when he entered the saloon. He was, however, a large^ powerful man, and in this respect considerably superior to the defendant What was the cause of the trouble at Columbia Gardens, the evidence does not disclose. The defendant objected to all of the evidence tending to show the previous difficulty between himself and the deceased, on the ground that this occurrence was no part of the re^ gestae, and any inquiry concerning it was therefore inmiaterial. It is also argued by counsel that its admission by the court was preju- dicial to the defendant, in that it tended to establish another and distinct ofienscL This evidence was offered by counsel for the state, and admitted by the court, as tending to show malice. What occurred there was certainly no part of the res gestae of the homicida While it preceded the homicide^ and may be said to have been, in a sense^ one of the series of circumstances out 26 Mont] Statb v. Shafeb. 19 of which it may have grown, nevertheless each occurrence was complete in itself; and in the eye. of the law the responsibility of the respective participants in each was to be judged by the positions they occupied at the different times, and the motives which prompted them. Who was in the wrong in the encounter at the Columbia Gardens was therefore not a proper inquiry for the jury in their endeaver to fix the responsibility for what oo- enrred in the Swim Saloon. It was proper, however, for them to inquire what the motive or impulse was which prompted the defendant to fire the shot at the Swim Saloon ; and, to enlighten and aid them in this inquiry, the condition of feeling thereto- fore existing between the defendant and the deceased was per- tinent and material. In making this condition appear to the jury, the evidence admitted might incidentally bring to their knowledge facts tending directly to establish against the de- f^idant another and distinct offense yet the' pofssible effect of such evidence did not render it open to legal objection on tiie ground that iH was incompetent or inunaterial, and tended di- rectly to prejudice the defendant in the eyea of the jury. (State «v. Oeddes, 22 Mont 68, 55 Fac 919.) A trial court should carefully guard against the admission of evidence tending to showing collateral matters, to the end that the real issue may not be obscured, and the defendant be thus prejudiced; at the same time the defendant may not bet allowed to exclude from the consideration of the jury facts which are pertinent to the i^eal issue on the grotmd that upon a previous occasion he had bden guilty- of another and distinct wrong. (Stai^ v. Oeddes, supra) The witnesses were not permitted to go into the details of the previous difficulty so as to make it appear who was in the wrong ; and the court, as was proper, expressly confined the jury in dieir consideration of the evidence in this connection to the question whether it showed malice in the defendant at the time of the homicide. The ruling of the court was corrects (People V. Kern, 61 Cal. 244 ; People v. Brown, 76 Cal. 573, 18 Pac. 618; People v. Thomson, 92 Cal. 512, 28 Pac 589; People v.. Colvm, 118 Cal. 351, 50 Pac. 539.) 20 State v. Shafer. [Oct T.'Ol 3. The court instructed the jury, in substance, that they were at liberty, according to their view of the evidencei, giving to the defendant the benefit of every reasonable doubt, to find him guilty of either d^ree of murder or of manslaughter, or to acquit him entirely if upon, the whole case they entertained a reasonable doubt whether he killed the deceased in necessary self-defense. Murder was properly defined in the words of the statute. Then followed the statutory definitions of murder of the first and second degrees, of manslaughter, and of justifiable homicide; no attempt being made, however, to draw a distincr tion between murder of the first and seoond degrees. The jury were left to draw this distinction for themselves from the gen- eral definitions given, and the words, ''all other kinds of murder are of the second degree,'^ following the definition of murder of the first degree^ Counsel contend that this was prejudicial error. The identical question here presemted was discussed by this court in State v. Baker, 13 Mont 160, 32 Pac. 647, and decided in favor of the contention now mada The court in the present case correctly told the jury that the facts presented in evidence would warrant a verdict of guilty of any grade of un- lawful homicide or of acquittal. If the statements of some of the witnesses were to be taken as true, the shooting of the de- ceased was without any palliating circumstances whatever, and the result of a deliberate design on the part of the defendant to^ gratify his feelings of malice and revenge. On the other hand, there was evidence from which the inference was permis- sible that it was the result of passion rekindled by the sudden and unexpected appearance of the deceased while the defendant was still smarting from the recollection of the recent encounter m at Columbia Gardens. Under this view the jury might have concluded that the defendant was prompted by preconceived malice and ill will, but that there was wanting the deliberate purpose to take life necessary to constitute murder of the first degree. Again, the view might have been taken that the killing was the result of a sudden heat of passion brought about by a renewal of the trouble by the deceased himself ; some of the 26 Mont] Statb v. Shafes. 21 witnesses having testified that upon entering the saloon the de- ceased advanced towards the defendant and renewed the fight. A finding of these facts would have justified a verdict of man- slaughter. Again, there was evidence tending to show that the deceased had made a threat against defendant's life, that he had endeavored to procure a pistol, that these facts had been communicated to the defendant, and that the deceased, upon entering the saloon in sight of defendant^ had his right hand concealed in his pocket, and in this attitude had advanced upon the defendant with the apparent purpose of carrying his threat into execution. These facts, if found by the jury, would have justified an acquittal. It is the duty of the trial court to so declare the law applicable to every phase of the case that the jury may consider the evidence with the full knowledge of every essential element of each grade of crime of which the defendant may be convicted. (StcUe v. Baker, supra.) Jurors are not learned in the law. Ordinarily they have not experience and knowledge sufficient to enable them to draw nice distinc- tions necessary in the application- of legal principles, and, xm.- less the court comes to their assistance and declares these dis- tinctions so that they may understand and apply them, they are left to grope in confusion and uncertainty. Under such conditions a verdict is ignorant guesswork, and not* the result of intelligent deliberation. The court nowhere told the jury that murder of the second degree is the unlawful killing of a human being with malice aforethought, but without deliber- ation. Thus the jurors were left to find out for themselves, from a reading of the statute, and by a process of exclusion, tliat deliberation is the distinguishing characteristic of murder of the first degree, and that all other kinds of murder are of the second degree, because this element is wanting. Upon further consideration of the subject^ we are satisfied that the rule laid down in State v. Baker, supra^ is correct Let the judgment and order be reversed, and the cause be re- manded for a new trial. Reversed and remanded. 22 State ex rel. E. M. F. Co. v. Toole. [Oct. T.'Ol 26 22 •f37 388 37 389 STATE EX BET.. ROBERT MITCHELL FURNITURE CO., Plaintiff, v. TOOLE, Governoe, et al.. Defendants. (No. 1,715.) (Submitted October 19, 1901. Decided October 28, 1901.) Mandamus — Suit Against State — Mandamus to Officer — Staie Furnishing Board — Rescinding Contracts — Advertisement for Bids — Union Labor — Constitution. X. Where the state furnishing board regularly accepts a bid for the fui-nlsh- ing of supplies to the state, and subsequently refuses to sign the formal contract, a writ of mandate to compel such action is no>t obnoxious ^ the objection that it Is, io effect, a suit iagainst the state. 2. Under rolitlcal Code, Sec. 707, providing that the state furofshiug board must award the contract for supplies for the state to che lowest re:ip(i:si- ble bidder, where the board regularly accepts a bid for supplies its actl>Mi in subsequently attempting to fsssclnd the contract because the bidder is shown to be a corporation employing non-union workmen, and hostile lo labor organizations, is void. 8. Tliat the refusal of the state furnishing board to award a contract to the lowest responsible bidder is merely erroneous, is not sufficient to Justify the Issuance of the writ of mandate. 4. A contract entered Into by the acceptance of a bid for public work, ten dered pursuant to an advertisement limiting the right to bid to persons employing, or who will in the future employ, union labor only, is Toid. 5. An absolutely void contract cannot be made valid by the failure of public officers to object to it upon the proper ground. 6. Where advertising for bids Is a statutory requirement, neither the munici- pality nor its agents can make a contract binding upon it without "compli- ance with the formalities so prescribed. 7. Advertisements for proposals to furnish supplies are not public printing within the language or spirit of Section 80, Art. V, of the Constitution. 8. Political Code, Sec. 705, declares that, before any contract for the furnish- ing of supplies to the state is let, the state furnishing board must adver- tise for proposals for 20 davs In two dally newspapers printed in the state. Constitution, Art. V, Sec. 90, ordains that all printing for the state snail be performed under contract to be given to the lowest responsi- ble bidder. Held, that where an advertisement for proposals for the fur- nishing of supplies was not made in compliance with section 705, but was made only in a newspaper which had the contract for the public printing, and a contention that the publication was lawful ».ecause the advertise- ment was public printing was without merit. Mandamus by the state, on the relation of the Robert Mitchell Furniture Company, to Joseph K. Toole, governor, and others, constituting the state furnishing board, to compel respondents to sign a formal contract for the furnishing of supplies to the 26 Mont] StATE EX eex. E. M. F. Co. v. Toole 23 state ty relator. There was a demurrer to the petition and a motion to quash the writ, which were overruled, and answers and a reply were then filed. Alternative writ quashed^ and proceedings dismissed. Statement of the Case by Mb. Justice Pigott. This is an application by the plaintiff, the Robert Mitchell Furniture Company, for a writ of mandate commanding the defendants to sign a certain alleged contract An alternative writ was issued. A demurrer to the petition and a motion to quash the writ were overruled and denied pro forma. Answers and a reply were then filed. Upon the issues thus framed evi- dence was taken. So far as need be stated the facts are these : The defendants Toole, Donovan, and Hays are and since Janu- ary 7, 1901, have been, respectively, governor, attorney general, and secretary of state of the state of Montana, and as such have constituted, and do now constitute, the state board of examiners and ex officio furnishing board. . One of the duties of the fur- nishing board is to provide furniture and supplies for the state capitol,' and to that end to contract with the lowest responsible bidder therefor. On the 20th day of May, 1901, the board directed that an advertisement be inserted in the Helena Inde- pendent, a daily newspaper printed at the seat of government of the state, and in two newspapers printed and published without the state, for sealed proposals to furnish certain sup- plies and furniture for the state capitol. The advertisement ran for twenty days in the Helena Independent and in the other newspapers designated by the board, but it was not in- serted in any newspaper printed in the state of Montana except the Independent. Before the publication of the advertisement the board had awarded to the owner of the Helena Independent a contract to do the printing for the state, which contract was in existence while the advertisement appeared in that newd- paper. On the 1st day of August, 1901, the board opened and compared the proposals received, there being six bidders. Among the proposals was one from the plaintiff offering to 24 State bx eel. R M. F. Co. v. Toole. [Oct T.'Ol furnish the supplies called for in the advertisement at a stated price. On August 2d, 3d, and 5th the board further discussed and considered the several proposals, and on the 6th day of August, by unanimous vote, awarded the contract to the plain- tiff for the sum of $35,781 upon the amended proposal, schedule and specifications submitted by the plaintiff and notified the company of the acceptance of its offer. The attorney general was directed by the board to prepare a formal contract con- formable to ih.3 agreement resulting from the acceptance of the bid. This he did, and it was signed by the plaintiff but not by the board or its members. The bid of the plaintiff was not accompanied by any bond. At some time between the 10th and 23d of August the plaintiff delivered to the attorney gen- eral its bond bearing date August 10th, in the penal sum of $18,000, payable to the state furnishing board of the state of Montana. This bond was never presented to the board. A few days prior to the 23d of August the members of the board re- ceived from certain organizations, commonly called "labor unions," protests against the signing of the contract theretofore made with the plaintiff, the protests asserting hostility^ on the part of the plaintiff toward labor organizations and that it employed persons who were not members of unions. A meeting was called for August 23d for the sole purpose of investigating and taking action upon these protests. At the meeting one Mc- Donald, president of the union known as the "Western Labor Union," presented the protests and evidence in support of the so-called "charges,'' and a representative of the plaintiff ap- peared in its behalf. Upon consideration of the "charges" and the purported evidence in support of them, the board formally reconsidered its action in awarding the contract to the plaintiff, the governor voting in the negative. It was then moved that the contract be canceled, which motion was carried against the negative vote of the governor. The following is a copy of the minutes of that meeting: "Helena, Mont., Aug. 23, 1901. "The following protests to the signing of the contract with 26 Mont] State ex bel, R M. F. Co. v. Toole. 25 the Robert Mitchell Furniture Company having been received : Silver Bow Trades & Labor Assembly, No. 61, Butte, Mont ; Missoula Federal Labor Union No. 43, Missoula Mont f West- em Labor Union, Butte, Mont ; Western Montana Trades & Labor Council, Missoula, Mont ; Barbers' Union, Butte, Mont ; Mountan View Lodge, No. 29, International Association of Machinists, Anaconda, Mont ; United Brotherhood of Carpen- ters & Joiners of America, Missoula, Mont. ; Big Blackf oot Lumbermen's Union, No. 47, Bonner, Mont ; Montana State Trades & Labor Council, Butte, Mont ; Carpenters' Union No. 88, Anaconda, Mont ; Eed Lodge Labor Union No. 70, Red Lodge, Mont, — ^the board met to hear the matter of such pro- tests, which were presented by Mr. Daniel McDonald, president of the Western Labor Union, on behalf of the several labor organizations, and by Mr. Lou Hartson, on behalf of the Robert Mitchell Furniture Company. The minutes of the previous meetings were approved. In the matter of the protest against awarding the contract to the Robert Mitchell Furniture Com- pany for the furnishing of the state capitol ; whereas, evidence was submitted to the board that the said Robert Mitchell Furni- ture company was denominated by the labor unions of the United States as hostile to labor organizations, and was classed as a scab company ; and, whereas, said facts were presented to the state furnishing board. Now, therefore, after considering the charges and evidence in support thereof, it is hereby re- solved : that the action of the boarjd in awarding the contract to the Robert Mitchell Furniture Company be reconsidered : And that motion carried, Messrs. Donovan and Hays voting aye. A motion being made by a member of the board to cancel said contract, and the same being submitted to the board, was car^ ried, Messrs. Donovan and Hays voting aye, and the contract was declared to be canceled. On both the above motions Gov. J. K. Toole voted in the negativa Mr. Lou Hartson, the rep- resentative of the Robert Mitchell Furniture Company, was notified in person by the secretary of the board of the decision of the board, rescinding the former order to award the contract to his firm. Board adjourned." 26 Statb ex kel. R M. F. Co. v. Toole. [Oct T/01 At this meeting the goTemor inquired where the bond was and the attorney general answered that he had it in his office^ whereupon the goyemor inquired whether there was any objec- tion on account of the bond, and whether there were any objec- tions other than fhe one presented to the board by the labor unions, and was informed that there were none. As to which member of the board informed the governor that there was no objection to the contract save the one in respect of union labor is not clear, for the governor, after testifying that he made in- quiries at that meeting of the board whether there was any other reason and was told that there was not, testified :. ^^I will not say positively that you (the attorney general) said that there were no other reasons or objections to that bid ; but yo«t made no objection on account of the bond ; . * * * there was no odier reason assigned, or suggested, passed upon, or determined by the board/' The secretary of state testified that the only reason why he voted to rescind the contract was h^ cause of the matter set out in the resolution. No reason was^ assigned, suggested, discussed, passed upon or considered by the board other than the one set forth in the resolution. At the time of the rescission or cancellation of the contract the attorney general knew that the advertisement had not been printed in any newspaper in Montana except the Helena Independent^ and had actual knowledge of the provision of Sec^tion 705 of the Political Code which makes it the duty of the board to advertise for twenty days in two daily newspapers printed in the state. On the 28th day of August, 1901, this proceeding was instituted, the plaintiff asking that the defendants be re- quiTed to sign and deliver the formal contract prepared by tho attorney general or one in substance similar thereto. There- after and on the 18th day of October, a bond in the penal simi of $76,000, duly executed by the plaintiff and a surety com- pany, conditioned for the faithful performance of the contract^ was delivered to the secretary of state, but no action thereon wa* taken by the board. Messrs. Toole & Bach, for Relator. 26 Mont] State ex rel. R. M. F. Co. v. Toole. 27 Mr. James Donovan, Attorney Generdly for Defendants. ME. JUSTICE PIGOTT, after stating the case, delivered the opinion of the court Many questions have been argued which we need not decide, — ^for instance, we find it unnecessary to determine whether the furnishing of a bond in conformity with the provisions of Section 708 of the Political Code is always a prerequisite to a valid contract with the board, or to determine the kindred question whether the board might waive or excuse the failure of the plaintiff to present a bond with its bid, and, if it could, whether it did so ; and also the question whether the plaintiff followed the requirement of the latter sentence of Section 70ft of the Political Code providing that "a sample and minute de- scription of every article must accompany and be deposited with each proposal." For the purposes of the proceeding we assume, but do not decide, that these questions and all others not specially discussed should be solved in plaintiff's favor. So viewing the case, we deem it necessary or advisable to con- sider but four questions: 1- The defendants Donovan and Hays attack the petition and alternative writ of mandate upon the ground that the pro- ceeding is in effect an action against the state and say that 'i state of the Union is not without its express consent subject t> suit in its own courts or in those of another state. They say that the doctrine is absolute 'and cannot be overthrown indi- rectly by the institution of actions against state officers when in effect they are actions against the state. With this we agree. {Lang ford v. King, 1 Mont 33 ; Fish v. Cuthbert, 2 Mont 598 ; State ex rel. Journal Pvb Co, v. Kenney, 9 Mont 3S9, 24 Pac 96; 23 Am. & Eng. Enc. Law (1st Ed.), 83.) But the present proceeding is not in effect an action or proceeding against the state. If the allegations of the petition are true the proposal of the plaintiff was regularly accepted and the contract let to it as the lowest responsible bidder after a compliance with all the statutory requirements. The state by its authorized agent 28 State ex kel. R M. F. Co. v. Toolb- [Oct T.'Ol awarded a contract, and the object of the present proceeding is to compel the defendants as public officers of the state to sign the formal contract, and thereby perform what is alleged to be their ministerial dntv. K the duty to be performed by a public officer of the state is purely ministerial, the writ of mandate may be issued, the case being otherwise a proper one for the employment of such writ {Stale ex rel. State Pvb. Co, v. Smith, 23 Mont. 44, 57 Pac- 449, and cases there cited; Mar- bury V. Madison, 1 Cranch, 137, 2 L. Ed 60; In re Ayers, 123 U. S. 500, 8 Sup. Ct 183, 31 L. Ed. 230.) In the case last cited the court approved the following extract from the opinion in Board of Liquidation et oZ. v. McComb, 92 United States, 541 (23 L. Ed. 628): "A state, without its consent, cannot be sued by an individual ; and a court cannot substitute its own discretion for that of executive officers in matters belonging t»> the proper jurisdiction of the latter. But it has been well set- tled that when a plain official duty, requiring no esercise of discretion, is to be performed, and performance is refused, any person who will sustain personal injury by such refusal may have a mandamus to compel its performance ; and, when such duty is threatened to be violated by some positive (^cial act, any person who will sustain personal injury thereby, for which adequate compensation cannot be had at law, may have an in- junction to prevent it ;'^ and upon that principle this court has often entertained proceedings against state officers, the latest being State ex rel. Staie Savings Bank v. Barret, State Treas- urer, 25 Montana, 112, 63 Pacific Reporter, 1031. If the de- fendants owe to the plaintiff the performance of an act which the law specially enjoins as a duty resulting from an office, — in other words, if the defendants as m^nbers of the board owe to the plaintiff a duty, and the performance of that duty is a ministerial act not involving the exercise of discretion or judg^ ment, — the writ of mandate will lie to compel such perf ormance, and the state is not thereby subjected to an action or proceeding. The petition is not obnoxious to the objection urged. 2. Section 707 of the Political Code provides with refer- 26 Mont] State ex bei^ R M. F. Co. v. Toole- 2^ ence to the state furnishing board: "The proposals received must be directed to the board, opened and compared by it at its office at twelve o'clock noon, of the day specified in the ad- vertisement, and the board must award the contract for fur- nishing such supplies, or any of them, to the lowest responsible bidder at such tima^' Section 709 provides, among other things, that any and all bids may be rejected and the board may advertise again. The board is a governmental agency possess- ing such powers and jurisdiction, and such only, as the law confers upon it. In the examination, comparison, and consider- ation of the proposals and in awarding the contract the board exercises its discretion. The duty imposed is to award the con- tract to the lowest responsible bidder, unless the bids be re- jected. This rhe statute commands it to do; and whenever, after a compliance with the statutory prerequisites essential to the valid acceptance of a bid, it has regularly awarded the contract, there spring into existence vested rights which tlie board cannot destroy or impair. It cannot insert into the for- mal written contract any condition not consonant with the con- tract already made by virtue of the acceptance of the bid. (American Lighting Co, v. McCwen, 92 Md. 703, 48 Atl. 352.) In the absence of fraud, accident, and mistake^ or other legal reason sufficient to render the acceptance- void or voidable, the contract resulting therefrom cannot (un- less by mutual consent) be changed or annulled, nor may itvS obligation be impaired, by any act of the board. True, such a contract is subject to the approval of the governor and stat& treasurer (Constitution, Art^ V, Sec 30 ; Section 710, Political Code; StaJte ex rel. State Pub. Ca, v. Hogwn, 22 Mont. 384, 56 Pac. 818 ; State ex rel. State Pub. Co. v. Smith, 23 Mont. 44, 57 Pac. 449), but this is a matter which doe? not concern the members of the board nor give it the right to recall the- acceptance and award. When it has thus regularly di8charge<: the duty imposed upon it by the law, its jurisdiction in respef t of awarding the contract is exhausted ; its discretion was exer- cised and the power further to exercise it is gone. We are 30 State ex kel. R M. F. Co. v. Toole. [Oct T.'Ol aware that there is some conflict of opinion upon this subject, but we think that such must in the nature of things be the rule applicable to boards and officers clothed with specially delegate<l authority and intrusted with limited jurisdiction. Support for these general observations may be found in People ex rel. Hol- ler V. Board of Contract and Apportionment of City of Albany, 2 Howard's Practice Reports (N. S.) 423; People ex rel. I/wnr ney, v. Campbell, 72 New York Reports 496; State ex rel. Whedon v. York County, 13 Nebraska 57 (12 N. W. 817) ; Wren v. Fargo, 2 Oregon 20 ; People ex rel. Coughlin v. Oleor son, 121 Xew York, 631 (25 N. E. 4) ; Boren v. Commissianr ers, 21 Ohio State Reports, 311 ; State ex rel. Coogan v. Bar- bour, 53 Connecticut, 76 (22 Ad. 686, 55 Am. Rep. 65.) The action of the board in attempting to cancel the contract was void unless a cause existed which the law recognizes as sufficient to invalidate the contract We proceed to ascertain whether such cause appears. 3. In behalf of the sttomefj general and the secretary, of state the argument is advanced that the reason stated in the resolution was sufficient to justify the board in reconsidering the motion by which the bid of the plaintiff was adopted anl in canceling the contract thereby created. It is asserted and seriously argued that, conceding the regularity of all the pro- ceedings precedent to the letting of the contract and the validity of the letting^ the board possessed the right to cancel the con- tract upon the ground that the plaintiff 'Vas denominated by the labor unions of the United States as hostile to labor organi- zations and was classed as a scab company.'^ The advertise- ment was silent upon the subject of union labor and non-union companies or persons; it did not pretend to limit the bidding to those who were friendly or indifferent to labor organizations, — if it had done so it would, as we shall see^ have been invalid ; on the contrary the notice was addressed to all persons — ^the invitation to present proposals was general. The proposal of the plaintiff was filed ; the board declared it to be the lowest re- sponsible bidder and awarded the contract to it The plaintiff 26 Mont] State ex eel. E. M. F. Co. v.' Toole. 31 was not guilty of fraud or deceit ; the board was not misled ; it was not induced to let the contract by any misrepresentation whatever ; the bid of the plaintiff was not accepted through any accident or mistake. By what sort of logic do the attorney general and secretary of state attempt to defend their position i Let their answer speak upon this point After reciting that the plaintiff was hostile to labor organizations and was classed as a non-union company, it avers that this "fact, in the judgment of defendants as said state furnishing board, rendered said company liable to be enjoined from carrying out said contract, and on the further grounds that said company was more liable to be unavoidably delayed by strikes and labor troubles than if said contract were let and awarded to a company or person not hostile to labor organizations; that, knowing the attitude of labor organizations towards the relator herein, it was^ probiible and likely that the furnishing and deliveiy of the furniUire and supplies under said contract by said relator would result in great damage and injury to the state, which could not be adequately provided against under the contract The fact that said company was hostile to labor organizations, and having been so classed by them as a non-union company, wa» a reason, in the judgment of the defendants as such state furnishing board, which would affect tiieir responsibility as bidders and render them less responsible and trustworthy than if they were not hostile to labor organizations or classed as a nonunion com- pany. That said fact that said relator was hostile to labor organizations and classed as a nonunion company was not known to the defendants at the time they let and awarded said con- tract to the relator herein." Is it not wasting words to declare the evident and palpable fact that this is not a reason which the law recognizes as a sufficient cause for avoiding the contract? We are not to be imderstood as denying the legal right of the board in good faith but erroneously to award a contract to one who is not in fact the lowest re^)onsible bidder, for we appre- hend the rule in this state to be that the action of the board will be controlled or interfered with only where it clearly appears 32 State'ex eel. R M. F. Co. v. Toole. [Oct T.'Ol that the refusal to award the contract to» the lowest responsible bidder was fraudulent or in bad faith, or was the result of an abuse of discretion (which is equivalent to a failure to exercise discretion) ; that the refusal was merely erroneous is not suffi- cient to justify the issuance of the writ of mandate. Such seems to be the principle underlying the decision in State ex rel. Eaves et al. v. Richards, 16 Montana, 145 (40 Pac. 210, 28 L. R A. 298, 50 Am. St Eep. 476). It may be that the refusal to award a contract to the lowest bidder who is in all respect > responsible, for the sole reason that he is inimical to organized labor and is classed as a nonunion employer, would be arbi- trary, oppressive and unjust conduct, indicating that the b^jard failed to exercise discretion. But however this may be, the rule stated is inapplicable to the case at bar. The action of the defendants must be tested by a more rigid rule, for the board did not refuse to let the contract ; it awarded the contract to the plaintiff, and seventeen days thereafter ordered its cancellation for the alleged reason stated in the resolution of August 28. If a contract was made by the acceptance of the bid, the board was powerless to rescind its action and thereby cancel the con- tract, except for a cause which in the eye of the law, rendered it void or voidable. In this respect it was like a contract be- tween individual persons in which each enters into coven ant^^ with the other, — ^it could not be annulled at the pleasure or caprice of one party alone. Can it be sanely suggest^ by even the most prejudiced man that a private person possesses the legal right to hold for naught a contract to which he is a party because the other party is a person who is inimical to organized labor and is classed as a nonunion employer, the contract being silent on that subject ? Of course the law would not recognize such reason as cause for the annulment of the contract; and equally as a matter of course is the rule the same in the case of contracts between boards and the individual person or cor- poration. In so far as its legal value and force is concerned the reason assigned might as well have been that the plaintiff employed members of labor unions, was therefore inimical to . 26 Mont.] State ex rel. R. M. F. Co. v. Toole. 33 nonunion workingmen, and was classed as a union company; or that the directors of the plaintiff beliefv^ed in the dogma of the infallibility of the Pope and were therefore unfriendly to Protestants, or in the doctrine of transubstantiation and in auricular confession, or were high churchmen and therefore <lassed as ritualists ; or that they were in sympathy with Eng- land's policy towards Ireland and therefore distasteful to the Fenians ; or were members of a law and order league and hence inimical to anarchists and their sympathiz^rs. In passing we <»bser\'e bv wav of illustration that a contract between private I)ersons may provide that it shall cease to be obligatory or l^e void if either party to it shall employ nonunion men, and the law will permit the provision to have its full force; and so with an inhibition against the hiring of union men and with all otlier stipulations which are not impossible of performance, not im- moral, nor contrary to public policy. A private person seeking proposals may give notice that the bidders must be members of labor organizations or employers of none but union work- men ; the acceptance of a bid made in accordance with the terms of the notice would constitute a contract the conditions whereof will be binding. But the advertisement for proposals and the contract created by the acceptance of a proposal made pursuant thereto to do work or furnish supplies for the state stand upon a different footing. The object of advertising for proposals is • to invite and secure the benefit of competitive bidding. Section 705 of the Political Code prescribes that before any contract is let the board must advertise in two daily newspapers printed in the state, one of which must be printed at the capital, for seale<l proposals to furnish the supplies desired. This court, in State ex rel. Lambert v. Coad, 23 Montana, 131 (57 Pac. 1092), quoted with appi-oval the following language from the opinion of Dement v. Rokker, 126 Illinois, 174 (19 X. E. 33) : ' Letting by contract to the Mowest res\|x>nsible bidder' nece^- sarily implies equal opportrmity to and freedom in all whose interests or inclinations might thus impel them to compete at the bidding. Xo one may be compelled to bid at such a letting. Vol XXVI-3 34 State ex rel. R M. F. Co. v. Toole. [Oct T.'Ol but there must be entire fairness and freedom in competition. * * The manifest purpose in requiring the contract to be let to ^the lowest responsible bidder' is to protect the stat« against imposition and extortion." A contract entered into by the acceptance of a bid for public work tendered pursuant to an advertisement limiting the right to bid to persons employing or who will in the future employ union labor only, is neces- sarily void ; the advertisement is illegal, for it tends to defeat the very purpose it- was intended by the legislature to subserve. In Adams v. Brerui.7i, 177 Illinois, 194 (52 K K 314, 42 L. R. A. 718, 69 Am. St Rep. 222), the board of education adver- tised for bids for the construction of a roof for an addition to one of the free school buildings, the advertisement containing the following notice: "Xone but union labor shall be employed on any part of the work where such work is classified under any existing union." The bid of one Knisely was accepted, and a contract made containing a provision that none but union labor should be employed by him. A taxpayer filed a bill ask- ing that the contract be declared void and* that the board be enjoined from carrying it out or expending money under it. One of the reasons given in the application to the board for the adoption of the clause respecting the employment of union labor was that it would do away wdth strikes upon school buildings and thereby save the board much annoyance and delay. The syllabi accurately state the conclusions of the court as follows : "(3) Board of education cannot bind itself to give only union men employment. A board of education has no power to agree with the representatives of labor organizations to insert in all its contracts for work upon school buildings a provision that none but union men should be employed in such work, or placed upon its pay rolls. (4) A board of education has no discretion to make contracts restricting competition. That a board of education might have been of the opinion its action was for the public benefit affords no justification for limiting compe- tition among bidders upon school building contracts, by requir- ing them to employ only union men in the work. (5) Stipula- 26 Mont] State ex bel. R. M. F. Co. v. Toole. 35 tion in public contract for employment of union men only is illegal. A provision in a contract for a public school building, which requires the employment of union men only, creates a monopoly in their favor, and restricts competition by prevent- ing contractors from employing any but union men, excluding all others engaged in the same kind of work." The like prin- ciple is the basis of the decision in Staie ex rel. Snyder v. Port- land Natural Gas & OH Co., 153 Indiana, 483 (53 N. E. 1089, 74 Am. St. Rep. 314). Although the reason given, at the time of the attempted can- cellation is not recognized by the law as valid, yet if there is cause sufficient to render the contract void it mav be shown. The defendants are not estopped to urge other defenses. An absolutely void contract cannot be made valid by the failure of public officers to object to it upon the proper ground. There is no need of precedents to sustain this statement. Staie ex reh Leech v. Board of Canvassers of Chateau Co., 13 Montana, 23, (31 Pac. 879), is not exactly in point. The case of Newell v. Meyendorff, 9 Montana, 254 (23 Pac. 333, 8 L. R. A. 440, 18 Am. St Rep. 738), is not pertinent. 4. Was the advertisement inviting proposals published ac- cording to law ? It was inserted in the Helena Independent, a daily newspaper published at the seat of government, where it ran for twenty days prior to the time^when the bids were opened and compared ; but it was not printed in any other news- paper within the state. Section 705 of the Political Code reads as follows: "Before any contract is let, the board must adver- tise for twenty days in two daily newspapers printed in the state, one of which must be published at the seat of government, for sealed proposals jto furnish any and all the supplies men- tioned in the next preceding section." The advertisement ap- peared in but one paper printed in the state, and hence the sec- tion was not complied with. Where advertising for bids is n statutory requirement, the law is that neither the municipality nor its agents can make a contract binding upon it without compliance with the formalities so prescribed. "Bids need not 36 State ex rel. K. M. F. Co. v. Toole. [Oct. T.'Ol be called for unless the statute requires it ; but if notice, adver- tising and similar preliminaries are required, a contract entered into without attention to these preliminaries will be held in- valid. * * * Xhe same rule applies to the letting of con- tracts on behalf of the state and, before a contract can become valid and binding upon the state, the statutory formalities must be complied with.'' (State ex rel. Lambert v. Coad, 23 Montana, 131, 57 Pac. 1092, and cases there cited.) The only argu- ment advanced by the plaintiff against this objection to the contract is that Section 705 conflicts with Section 30 of Article V of the state Constitution, which ordains that "all stationery, printing, paper, fuel and lights used in the legislative and other departments of government, shall be furnished, and the print- ing, and binding and distribution of the laws, journals and de- partment reports and other printing and binding, and the re- pairing and furnishing the halls and rooms used for the meet- ing of the legislative assembly and its committees shall be per- formed under contract, to be given to the lowest responsible bidder below such maximum price and under such regulations as may be prescribed by law." Counsel for the plaintiff argue that the legislative assembly had no power to require the \)\iL- lication of the advertisement to be made in any newspaper other than the Helena Independent, the proprietor of which had the contract for the public printing, and that the publication of the advertisement in that newspaper constituted a compliance with the law. The position of counsel is untenable. It is ap- ])arent to us that advertisements for proposals are not public printing, within the language or spirit of Section 30, — a con- tract for advertising for proposals to furnish supplies^ is not required to be let as a printing contract to the lowest responsible bidder; in other words, within the purview and intent of Sec- tion 30, an advertisement inviting bids is not printing, the con- tract for which must be let to the lowest responsible bidder ; a contract for doing the printing mentioned in Section 30 does not include advertisements for bids. In the absence of a con- stitutional inhibition the legislative assembly has the right to 26 Mont] Jordan et al. v. Andrus et al. 37 prescribe the manner of giving notice for proposals to furnish supplies. It has done so by Section 705, which requires that the state furnishing board must advertise for such proposals in two daily newspapers printed in the state, one of which must be printed at the capital. This section is in no wise repugnant to the constitution. For the reason that the advertisement for proixisals was not published in accordance with the requirements of Section 705 of the Political Code, the alternative writ is quashed and the proceeding is dismissed, at the costs of the plaintiff. Let judg- ment be entered accordingly. Writ quashed and proceeding dismissed. JORDAX ET AL., Appellants, v, AXDKU S et x\l.. Respondents. (No. 1,705.) On Motion to Dismiss Appeal. (Submitted October 28, 1901. Decided October 28, 1901.) Appeal and Error — Trayxscript — PHivting — Rules of Court — Constitutional Law — Judicial Departineni — Legislative Regulation, Under Constltation, Art. VIII, Sees. 2, 3, 15, giylng the supreme court appellate jurisdiction of all cases in law and equity, subject to such limitations and regulations as may be prescribed by law, and giving the legislature power to prescribe regulations and limitations, and declaring that writs of error and appeals shall be allowed from the decisions of the district court to the supreme court, under such regulations as may be prescribed by law, the. legislature had no power to regulate the physical form of the pleadings and instruments to be filed with the supreme court; and the act of March 9, 1901, known as "Senate Bill 101, •* providing that transcripts on appeal may be printed or typewritten, at the election of the appellant, is Invalid. 36 126 26 37 45 «1 26 f86 4 ^fl 87 39 169 Appeal from District Court, Custer County; C. H. Loud, Judge, 38 Jordan et al. v. Andrus et al. [Oct. T.'Ol Proceedings by W. A. Jordan and others against W. W. Andrus and others. From a judgment in defendants' favor, plaintiffs appeal. Dismissed. Messrs. Strevell £ Porter and Mr. Oeo. W. Farr, for Appel- lants. Mr. 0. W. Myers and Mr. Sidney Sanner, for Eespondents. ME. JUSTICE MILBURN delivered the opinion of tho court. This cause is before the court upon the motion of the respond- ents to dismiss the appeal upon the grounds: '(!) That the transcript on appeal herein by the said appellants is not printed, nor made upon paper ten inches long by seven inches wide, nor are the typewritten pages thereof seven and one-half inches long by three and one-half inches wide, nor is said transcript otherwise or at all made in conformity with Subdivision 1 of Rule VI of this court. (2) That said transcript on appeal is not in conformity with Subdivision 1 of Rule VII of this court in this: that the cover thereof does not state the title of this court or of said cause, or otherwise or at all conform to said rule in relation to covers in transcripts on appeal. (3) That said transcript is made out in a slovenly manner. * * (4) That the order of the district court from which this appeal is taken or sought to be taken, to-wit, the order made and en- tered July 16, 1901, dissolving and vacating the temporary restraining order theretofore made in this action, is not an ap- j>ealable order, within the meaning of Sections 1722 and 1723 of the Code of Civil Procedure, as amended February 28, 1899, and an appeal does not lie from said order to this court.'' . The transcipt is typewritten. Subdivision 1 of Rule VI re- quires transcripts to be printed. Is the rule abrogated and an- nulled by the x\ct of the legislature approved March 9, 1901, known as ''Senate Bill 101" (Laws of 1901, page 161), and providing that all transcripts, documents and papers filed in 26 Mont] Jordan et al. t?. Andeus et ai. 39 the supreme court in connection witli any appeal taken and mentioned in the chapter in the Code of Civil Procedure upon appeals in civil actions may be printed or typewritten, at the election of the appellant ? If the Act is within the powers of the legislature, then the rule of this court opposed to it is null, and the motion to dismiss the appeal must be denied, so far as the first ground is concerned. This particular question is not treated of in any opinion of any court to which we have been referred, or by any of the learned writers, many of whose works we have examined. The constitution of this state vests the powers of government in three different and distinct departments, — ^the legislative, the executive^ and the judicial. It is not necessary to quote from the multitudinous authorities supporting the proposition that it is not lawful for any department, or officer thereof, to interfere with the power of any other department. It is suffi- cient to refer to the constitution (Article IV, Sec. 1) and to State ex rel State Pvb. Co. v. Smith, 23 Mont. 44, 5Y Pac. 449. Section 3 of Article VIII of the Constitution of this state declares that "the appellate jurisdiction of the supreme court shall extend to all cases at law and in equity, subject, however, to such limitations and regulations as may be prescribed by law." Section 2 of the same article also gives the legislature power to subject the appellate jurisdiction to "regulations" and "limitations;" and Section 15 of the article is as follows: "Writs of error and appeals shall be allowed from the decisions of the said district courts to the supreme court under such regu- lations as may be prescribed by law." What is meant by "limitations" and "regulations?'' The words in their ordinary sense are easily understood to mean what they in legal parlance, respectively, imply, to-wit, restric- tions of power and rules of conduct or proceeding. The matter of this rule need not be treate<l as in any wise affected by the power of the legislature to establish limitations to jurisdiction. Its power to make rules of conduct or proceeding (that is, rules of procedure and practice) is all that can be considered on this 40 Jordan et al. v. Axdrus et ai-. [Oct. T/01 motion. The question is, has the legislature the authority un- der the constitution, after having enacted a Code of Civil Pro- cedure, including a chapter establishing the procedure and practice in the matter of appeals to the supreme court, to dic- tate to the supreme court as to the very physical substance of the pleadings and other instruments which it may be necessarj" for the justices to handle, read and study in their deliberations after the cause is submitted ? What style of typewriter would the legislature permit the appellant to use i What size of type i How close shall the lines be ? How thick is to be the paper i How small or large shall the pages be i What sort of ink shall the operator use in pre- paring the papers, — record or copying^ How skillful in the use of the machine shall the typewriting oj^erator be? If the legislature has the power to dictate as to carbon copies of tran- scripts to l)e used on appeal, why has not the legislature the power, under the constitution, to force the justices to read, study and handle^ during its deliberations, sometimes extending through a long ])eriod of time, papers prei>ared upon tissue paper, with machines making faint impressions from small type, and with such ink or carbon that they will he annoying, inconvenient, untidy and soon indecipherable^ Could a regu- lation such as that last above suggested be within the powers of the legislature to regulate the procedure and practice on appeal to the supreme court? If not, then we cannot see how any regulation of any character dictating to our department of the state government what kind of ink or other material substance shall be used, or how the ink shall be put on, in the manufac- turing of the pleadings and papers to be handled and perused by the justices, can l>e valid. ^Miglit not the legislature go far- ther, and permit the appellant to use a \)en instead of a type- writer ? Power to dictate to this department of government as to the use of tv\|>ewritten transcripts includes tlie right to order us to struggle through a mass of penwritten transcripts and all other records and papers, including briefs.. Wherein would such acts be within the ix>wer of the legis- I 2(5 Mont.] Jordan et al. v. Andrus et al. 41 latiire, as a ''regulation" of the appellate jurisdiction of this court i Would it not be simply and only an obstruction put in the way of the court, and interfering with its deliberations upon a cause or matter after its submission, and of which it has ac- quired jurisdiction under the constitution and the laws defin- ing, limiting and establishing its ix)wers, and under the lawful procedure and practice through and hj means of which the litigants had presented their several contentions to the court? We think it would be an illegal attempt to interfere with the oi:)erations of the judiciary in the performance of its duties after it had acquired jurisdiction. It is doubtless true that the legislature has jx^wer by "regu- lations" to estiiblish the procedure in civil and criminal cases (that is, the steps to be taken by the parties in an action or other legal proceeding before this court), so far as such pro- cedure does not amoimt to a denial of justice, and has power to declare by law what shall bo the practice on appeal (that is to say, to fix the form, manner and order of conducting and car- rj'ing on causes through their various stages according to the principles of law) ; but wo cannot see how the power to make regulations (that is, to establish procedure and practice) in- cludes the power to int<?rfere with the discretion of this court in saying that the instruments filed for the reading of the justices of the court shall be printed and upon certain sized pa])er, to the end that causes may be conveniently heard and disposed of, and not delayed by the necessity of handling and reading papers which are inconvenient in shape and condition. To admit power in the legislature to annul the rule referred to, and to permit the appellant, at his option,- to compel the justices, desiroiis to learn the facts and to consider the points of counsel, to labor through a mass of carbon copies of type- written matter, is as imwarranted as to admit that the legisla- ture has power to authorize counsel, w'ithout the consent of court, to submit their causes without argument, oral or printed. To require transcripts to be printed is to regulate the manner of hearing and considering, and does not interfere with any 42 Jordan et al. v. Andbus et jlL. [Oct. T.'Oi right of the appellant to take and perfect his appeal, or to take or to omit any step in procedure, or to alter the practice ; that is, the form, manner or order of conducting his appeal. The rule is only a declaration on the part of the court that, in doing its share of the labor in connection with the appeal, it must have the papers of such material substance, style and size that the justices may not have their labors increased beyond what they should be. Under the federal constitution the Supreme Court of the United States has appellate jurisdiction "under such regula- tions as the congress shall make." Is there a single lawyer in the world who believes that the latter-named court would recog- nize as valid an Act of congress such as our Senate Bill Xo. 101 ? If the answer to this question is "Xo," as it must be, then by what process of reasoning can we hold this Act of our legislature as binding upon this court ? Mr. Justice Field, of the Supreme Couirt of the United States, in 1859, when a justice of the Supreme Court of Cali- fornia, in Houston v. Williams, 13 Cal. 24, 73 Am. Dec 565, speaking of an Act amending the Practice Act, and requiring the opinion of the court to be given in writing, said : "If the power of the l^slature to prescribe the mode and manner in which the judiciary shall discharge their official duties be once recognized, there will be no limit to the dependence of the latter. If the legislature can require the reasons of our decisions to be stated in writing, it can forbid their statement in writing, and c^nforce their oral announcement, or prescribe the paper upon which tliev shall be written, and the ink which shall be used. And yet no sai;ie man will justify any such absurd pretension. But where is the limit to this power if its exercise in any par- ticular be admitted ? The truth is, no such jx)wer can exist ia the legislative department, or be sanctioneil by any court which has the least respect for its own dignity and independence. In its own sphere of duties, this court cannot be trammeled by any legislative restrictions.'' This opinion of the learned justice lias never been adversely criticised by any court or by any law- book writer, so far as we have been advised. 26 Mont] Jordan et al. v. Andbus et al. 43 It is true that the California constitution did not, in 1859 give the legislature power to make such regulations as are pro- vided for in our constitution, but, in view of the inherent powers of our court, which we do not believe the constitution takes away and reposes in the legislature, we think the language of Justice Field appropriate to the matter before us ; and we can reasonably believe that the Supreme Court of the United States would adopt the words and thoughts of Mr. Justice Field if congress should assume to act under the powers conferred by the constitution, and should enact a statute similar to our Sen- ate BOl No. 101. Although the cases were not upon facts identical with those in the case at bar, yet the views expressed by the court of In- diana in In re Petition of Leach, 134 Ind. 665, 34 N. E. 641, 21 L. R. A. 701, and by the Supreme Court of Illinois in In re Application of Day, 181 111. 73, 54 K E. 646, 50 L. E. A. 519, go far to support! what we have said above as to the inherent powers of this court, which are beyond the power of the legis- lature to control. In the latter case it was held that a statute overriding the rules of the court respecting the admission of attorneys, by requiring the admission of any person who began to study law before a specified time, provided he has obtained a diploma from a law school in the state after a specified period of attendance, or has passed a satisfactory examination before an examining board after a prescribed course of study, is an tinconstitutional assumption of power properly belonging to the courts. Senate Bill No. 101 is unconstitutional and of no binding force upon this court. Examination of the transcript shows that there is nothing in the second ground of the motion. As to the third point, it is sufficient to say that the inter- lineations and general appearance complained of are very- ap- parent, and are such as will not appear in a printed transcript ; but, on account of the fact that the appeal is to be dismissed upon the first ground of the motion, it is not necessary to say more as to this^ the third ground. 44 MiciiENEK V. Fransham. [Oct. T.'Ol The fourth ground is not teni^le. The order appealed from is not one dissolving a mere restraining order, but one refusing an injunction pendente lite, and is appealable. The case of Weizsteiw v. Boston & Montana C. C. & S. Mining Co. 25 Mont. 136, 63 Pac. 1048, does not apply, except so far as it shows the difference between a restraining order and an injunc- tion pendente lite. As appellants in good faith complied with the Act which at- tempts to grant the privilege of filing typewritten transcripts with carbon copies, they should not be called upon to suffer the loss of all opportimity to appeal. Therefore this appeal is dismissed without prejudice to a mo tion to reinstate if a transcript be prepared, served and filed in accordance with liules VI and IX of this court within sixlv davs from this date. Dismissed. MICIIEXEK, Respondent, v. FRAXSHAM, Appet.laxt. (No. 1,703.) On Motion to Dismiss Appeal. (Submitted October 28, 1901. Decided October 28, 1.001.) For syllabus, see Jordan tt al. v. Andrus et al., ante p. 87. Appeal from Distiict Covrt, Gallatin County; Henry C. Smith, Judge. Action by Thomas Michener against W. J. Fransham, sheriff of Gallatin county. From a judgment in favor cf plaintiff and from an order denying a new trial, defendant appealed. Motion to dismiss appeal. Granted. 26 Mont.] Shadville v. Barker et al. 45 Messrs. Luce & Lace, for Appellant. Mr. Eugene B. Hoffman, for Respondent. ME. JUSTICE MILBURN delivered the opinion of the court. For the reason set out in the opinion this day filed in the ease of W. A. Jordan et al. v. W. W. Andrus et al. {ante page Sly 66 Pac. 502), the^ motion to dismiss this appeal, upon the ground that the transcript is not printed as it should have been in Accordance with Rule VI, is granted and the appeal is dis- missed, without prejudice to a motion to reinstate if appellant shall prepare, file and serve a printed transcript in accordance with the requirements of Rules VI and IX of this court, withi'i. sixty days from this date. Appeal dismissed. SHADVILLE, Appellant, v. BARKER et al.. Respondents. (No. 1.727.) On Motion to Dismiss Appeals. (Submitted October 28, 1901. Decided October 29, 1901.) Appeal — Timie of Filing Transcript-^— Laches — Defective Au- thentication of Transcript — Dismissal. Under Supreme Court Rule IV, Subdivision 2, an appeal will be dismissed where appellant is guilty of laches in not filing the transcript with the clerk of the supreme court within 60 days after the appeal was perfected. On Rehearing. 1. Where on appeal the transcript prepared and certified by the clerk is de- fective for failure^ to comply with the rules, and appellant's counsel pre- pares a corrected transcript, and, instead of having the clerk certify there- to as required by Code of Civil Procedure, Sec. 1739, detaches the certificate 46 Shadville v. Babxeb bt ai. [Oct T/01 from the defective transcript and attaches It to the corrected one» without the knowledge or authority of the clerk, such transcript cannot be con- sidered. 2. Under Code of Civil Procedare, Sec. 1905, and Political Code, Bee. 4636, providing that transcripts on appeal must be certified by the clerk, under seal, after comparison with the original fllea, no other method of authenti- cation is lawful. Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Ida May Shadville against Marcella S. Barker and another, h^irs of Edwin J. Barker, deceased. From a judg- ment in favor of defendants, and from an order denying a new trial, plaintiff appeals. Appeals dismissed on motion. Mr. Robert B. Smith, Mr. F. H. Gould and Mr. W. H. Alford, for Appellant Mr. William G. Downing and Mr. Thom^as C. Brady, for Respondents. ]MR. CHIEF JUSTICE BRAXTLY delivered the opinion of the court. Motion to dismiss the appeals herein from the judgment and an order denying a new trial on the ground that the transcript was not filed with the clerk of this court within sixty days after the appeals were perfected, as required by Subdivision 2 of Rule IV of the rules of this court. From the papers filed in support of the motion it appears that the appeals were perfected on August 3, 1901. The motion to dismiss was filed on October 8. The typewritten transcript was lodged with the clerk on October 22. This was fuTnishe<l to counsel for the appellant, upon demand, not later than Sep- tember 11, or twenty-seven days prior to the filing of the mo- tion. Counsel for appellant attempt to excuse their neglect to lodge the same with the clerk of this court within the prescribed time, on the ground that the original copy furnished by the clerk of the district court was not prepared in conformity witli. 26 Mont.] Shadville v. Barker et ai.. 47 the rules of this court as to form and contents, and that the fault lies with that oflBcer, and not with them. It appears, how- ever, that though, at the time they received the transcript from the clerk, on September 11, they still had eighteen days within which to have the transcript corrected, and to comply with the rule, they failed and neglected to do so ; for it appears that at no time thereafter did they demand of the clerk that he correct the copy furnished, or prepare and furnish one meeting the requireme;Dts of the rule of this coiirt as to form and contents. Xor have they yet done so, as they admit that the transcript now in the hands of the clerk of this court is the defective copy originally furnished them by the clerk of the district court. While the rule invoked by respondents provides that, if the de- lay in filing the transcript has been without laches on the part of the appellant, his appeal will not be dismissed for such delay until a reasonable time has been allowed for filing it, no such sufficient excuse has been rendered in this case whv the iienaltv should not be inflicted. It is therefore ordered that the appeals be dismissed. Dismissed. On Kehearinq. (Decided December 2, 1901.) MR. CHIEF JUSTICE BRA:N^TLY delivered the opinion of the court (>n October 29 of this year the appeals herein were dismissed, on motion of respondents, on the ground that the transcript had not been filed in this court within the sixty days prescribed by Subdivision 2 of Rule IV of the rules of this court. Subsequently appellant was granted a rehearing upon the suggestion of her counsel that the court had been mistaken in concluding that the transcript filed pending the motion is imperfect It was further urged in support of thq application for a rehearing that it appeared from the afii- 48 Shadvil-le v. Barker et al. [Oct. T.'Oi davit of Eobert B. Smith, Esq., one of appellant's counsel, that the appellant is a poof person, and f oo* this reason had not been able to procure funds sufficient to pay for a corrected transcript in time to enable her to comply Adth the rule, and that the mo- tion should have been denied on this ground. Upon a further examination of the transcript in the light of the brief of appel- lant's counsel, and an affidavit of the clerk of the district court filed in opposition to the rehearing, we find that we were in error in concluding that the copy on file in this court is the same "defective coi>y originally furnished" counsel by the clerk of the district court. In this particular we were misled by the fact that the certificate of the clerk attached bears the same date as that attached to the original copy. After the adoption of the present rule, requiring transcripts in civil cases to be printed (Rule VI, Subdivision 1, 22 Mont, xxvii, 57 Pac. vi), and until the passage of the Act of the legislature known as "Senate Bill No. 101" (Session Laws of 1901, p. 161), by which it was sought to abrogate the rule, appellants had often, and perhaps usually, employed the clerk of this court to have printed and to serve copies of transcripts, under the provisions of Rule IX. In such cases the typewritten copy had been prepared in conformity with Subdivision 2 of Rule VI, applicable to criminal cases. Upon the passage of that Act, and until it was declared of no binding force upon this court (Jordan et al. v. AndruaetaL^ 26 Mont. 37, 66 Pac. 502), appellants ceased to observe the rule as to printing, and, there being no other rule to guide them in civil cases, have fol- lowed the rule applicable to criminal cases. In the preparation of the transcript in the present case the clerk of the district court failed to observe this riile, as well as the provisions if Rule VII, toucliing the title page, arrangement, etc. ; and coun- sel insist that the delay in filing it was caused by the necessity thus cast upon appellant of having the transcript rewritten, and her difficulty in obtaining funds to pay for the necessary work. Were these the only matters to be considered on this motion, we mighty perhaps (though we do not wish to be understood as 26 Mont] Shadville v. Babkbb bt ai^. 49 80 deciding at this time), sustain the contention of counsel, and retain the appeals, upon condition that the transcript be printed, in compliance with the rule on that subject, within a reasonable time. It appears, however, that when counsel had caused the transcript to be rewritten they n^lected to have it certified as correct by the clerk of the district court, or by attorneys in the cause, as is required by Section 1739 of the Code of Civil Pro- cedure. Instead of doing this, some one of counsel, or the ste- nographer employed by them, detached the certificate of the . clerk from the copy furnished by him in the first instance, and attached it to the rewritten copy. This was done without the knowledge of the clerk, and without his authority, as is made nianifest by the aflSdavit of the clerk, the date of the certificate, and the admission of counsel in their brief. The appeals must therefore be dismissed on the ground that no sufficient excuse has been made to appear why the transcript has not been filed under the rule. The paper lodged with the clerk cannot be con- sideied as a proper transcript, for the reason that it is not authenticated. The use by counsel or their stenographer of the certificate made by the clerk to the original copy is wholly anwarranted, and has no more force as an evidence of authenti- cation by the clerk than if it were the certificate of a stranger. It was an authentication of the original copy, but cannot be regarded as of any force when attached to a copy not made by the clerk, and never seen nor compared by him with the record in hib ofiice. Counsel have filed as a part of their showing in opposition to the motion a carbon copy of the original transcript made out by the clerk, and ask this court to determine by com- parison whether the copy prepared by themselves is correct This we may not do, because this would be an unwarranted assumption on our part of the duties which have been assigned by law to the cleik, and which can lawfully be done by him only. Under the provisions of Section 1739 of the Code of Civil Procedure, supra, and Section 4636 of the Political Code, transcripts may be prepared by the parties or their counsel, but the authentication must be made by the clerk, after a comparison Vol.. XXVI-4 26 60 33 6 50 Hahit v. James bt ai.. [Oct T/OI of them with the original files, by his certificate under the seal of the district court. He, and he only, in the absence of the stipulation of counsel authorized by Section 1739 of the Code of Civil Procedure, supra, can furnish to this court the lawful evidence of their correctness, and it is only to his certificate made and attached to the particular copy that we may look. Nothing said by us herein is intended to reflect in any man- ner upon the moral integrity of counsel for appellant, or of any one of them, on account of their unauthorized use of the cer- tificate and seal of the clerk. It is apparent from the state- ments of counsel that they were of the opinion that their use of the old certificate was legitimate. With this, however, we can* not agree. While, therefore, we do not, upon the record before us, impute to them any intention to deceive this court or to perpetrate a fraud upon it, we must characterize the practice indulged in this case, to whomsoever it may be chargeable, as reprehensible At the same time, we must visit upon them and their client the penalty of dismissing the appeals* herein for failure to comply with the rule. Dismissed. HAHN, Respondent, v. JAMES et al.. Appellants. (No. 1,587.) 9 (Submitted October 28, 1901. Decided Octobec 20, 1901.) Appeal — Undertahing on Appeal — Failure to FUe — Subsequent Filing in Supreme Court — Sufficiency. Code of Civil Procedure, Sec. 1740, providing tDat no appeal shall be dismisaed for insufficiency of the undertaking, if a good undertaking approved by a Justice of the supreme court be filed t>efore the hearing on motion to dis- miss the appeal, refers only to a case where an insufficient undertaking has been filed in trial court, and does not embrace a case where no undertaking whatever has been filed within the time limited by law. 26 Mont] Hahi? v. Jamss xt ax. 51 Appeal from Distinct Oaurty Deer Lodge County; Welling Napton, Judge. Action by Frank H^hn against John W. Jamefi and Leon Beaudry. From a judgment in favor of plaintiff^ and from an order denying a motion for a new trial, defendants appeal. Motion to dismiss the appeal from the order denying a new trial. Motion granted. • Messrs. Walsh & James, for Appellants. Mr. N. P. Napton, for Bespondent MR. JUSTICE PIGOTT delivered the opinion of the court The respondent moves the dismissal of the purported appeal from the order denying the motion for a n^w trial for the reason that an undertaking to effectuate the appeal was not filed with the clerk of the district court wherein the action was tried. From the record it appears that on February 21, 1900, the ap- pellants filed and served their notice of appeal from a judgment entered September 30, 1899, and from an order denying their motion for a new trial, entered February 7, 1900, and that they fikd an undertaking to perfect the appeal from the judgment. The undertaking made no reference whatever to the order refusing a new trial, nor has there been filed with the clerk jt the court below any undertaking on appeal from such order. It does not appear that a deposit was made in lieu of the under- taking required, nor is it shown that the respondent waived the giving of 5uch an undertaking. In the absence of a waiver or of a deposit of money, to perfect an appeal the undertaking must be filed within the time limited by the statute ; an omission in this regard renders die attempted appeal wholly ineffectual. {Hiiies v. Carl, 22 Mont. 501, 57 Pac. 88.) Upon the authority of Hurley v. O'Neill^ 24 Mon- tana, 293, 61 Pacific Reporter, 658, the motion must be granted. On October 18, 1901, and before the hearing upon this mo- tion, the appellants filed with the clerk of this court an under- 2T HM 52 State t;, Shadwbll. [Oct T.'Ol taking on appeal from the order denying a new trial, approved by the chief justice; and the appellants suggest that the motion should therefore be denied. Section 1740 of the Code of Civil Procedure provides that "no appeal can be dismissed for in- sufficiency of the undertaking thereon, if a good and sufficient undertaking approved by a justice o? the supreme court, be filed in the supreme court before the hearing upon motion tO dismiss the appeal" This section permits a new undertaking to be approved and filed when one was filed in the court below which is, or is deemed to be, insufficient, and has no reference to cases where there was no undertaking filed or where the undertaking was for any reason void. To allow the undertaking which was filed on October 18 to perform the function of an undertaking which should have been, but was not, filed in the court below, would be to permit an appeal to be effectuated after the time prescribed by statute. In respect of this matter the case is governed by Creeh v. Bozeman Waterworks Co., 22 Montana, 327, 330, 56 Pacific Reporter, 362. The appeal from the order denying the motion for a new trial is dismissed for want of jurisdiction. Dismissed. 26 5a\| fS6 49^ 38 STATE, Respondent, v. SHADWELL, Appbulant. :». (No. 1,685.) (Submitted October 3, 901. Decided NoTember 4^ 19QL) 38 »'»"' 57ui Criminal Law — Homicide — Self-Defense — Evidence — Previotis Threats — Instructions — Presimiption — Appeal — Pres- ervation of Error. 1. Where, on a trial for murder, in which the accused pleaded self-defenae, it was shown that the deceased liad preyiously threatened the accused, an instructien directing the jury to disregard such prior tlireats unless the accused at the time of the killing was actually assailed, or belieTed he was in great bodily danger, was erroneous. 26 Mont] Static Vi Shadwxxl^ 5^ 2. On a prosecution for murder, where the defendant pleaded self-defense, the court Instructed that threats by the deceased against the defendant should not be considered unless the defendant was actually assailed, or believed. 4ie was in great bodily danger. This instruction was followed by another^ authorizing me consideration of any threats the deceased may haye made against the defendant, to enable the Jury to determine defendant's acts or the deceaseds motiyes. Held, that the instructions were conflicting and constituted reyersible error. 3. An error is presumptiyely prejudicial to the d^eated party, and the pre- sumption is rebutted only when it appears that it either was not or could noc haye been injurious 4. Where there was eyidence tending to show defendant guilty of murder in the first degree, of murder in the second degree, and of manslaughter, it is the duty of the court to instruct explicitly that a verdict for manslaughter may be returned, manslaughter not being a degree of murder. 6. The fact that the accused endeavored to show that the killing was done in self-defense does not render an instruction authorizing a conviction of man- slaughter unnecessary. 6. On a second trial for murder it was not error to read the testimony of a deceased witness, including an erroneous ruling of the court on the evidence, where no objection to the reading of the ruling was raised at the time. 7. Errors not excepted to in the court* below cannot be reviewed on appeal. Appeal from District Court, Silver Bom Gomvly; William Clancy y Judge. G. R. Shadwell waa convicted of murder of the second de- gree, and he appeals. Beversed. Mr. B. 8. Thresher, for Appellant Mr. James Donovan, Attorney General, for the State. MR JUSTICE PIGOTT delivered the opinion of the court This case is now before the court for the second time. Upon the first appeal the defendant, who had been convicted of mur- der of the first degree, was granted a new trial. The opinion is i-eported in State v. Shadwell, 22 Montana 559, 57 Pacific Reporter 281. The result of the second trial was a verdict of guilty of murder of the second degree, followed by a judgment sentencing the defendant to life imprisonment. From the judg- ment and from an order refusing a new trial the defendant ap- peals. The evidence adduced upon the second trial was much the same as that received upon the first trial, the statement of which is made in the former opinion. U State v. Shaowb!.!-. [Oct T/Ot 1. There was evidence tending to prove that two or three dajB before the fatal encounter O'Connor, the deoedent, had applied vile epithets to the def endant^ at the same time telling him that if he did not cut the cards right he would kill him, the manner, tone of voice and conduct of the decedent being threat- enii'g; that a few minutes before the fatal shot was fired the decedent threatened to put the defendant "where they don't play cards, and break a chair over your (the defendant's) head ;" that either on the night of the homicide or on the day before, the decedent told on^ Hammer that he would take a chair and beat the defendant to death, which threat was not communi- cated by Hammer to the defendant There was evidence tend- ing to prove also that the defendant, at the time he killed the decedent was acting in selfniefense, as well as evidence the ten- dency of which was to the contrary. The court gave the following instruction: "(26) The court instructs the jury that no threats or menaces made by the de- ceased, O'Connor, against the defendant, Shadwell, can avail the defendant unless he, at the time of the killing, was actually assailed, or had sufficient evidence to convince any reasonable person that he was in danger of incurring great bodily injury or of losing his life at the hands of the deceased. Whatever threats may have been made by the deceased, they cannot be of avail to the defendant, unless at the time of the killing some- thing was done that would induce a reasonable man to suppose te was in danger of great bodily harm or of losing his life. All antecedent threats are dependent upon the facts at the time of the killing, and, in order to justify the homicide, it must ap- pear that at the time of the killing there was some action which would induce a reasonable man to believe that he was in danger of great bodily harm or of losing Ms life." This instruction, the defendant insists, is an erroneous state- meiDt of the law as applicable to the evidence, and that it is in conflict with instruction No. 27. We must sustain the conten- tion. The instruction quoted virtually directed the jury to dis- regard all prior threats of the decedent against the defendant SCMont] Statbv. Shadwisll. S5 unless something was done, or some action tak^ by the deoe* dent which would induce a reasonable man to believe himself in danger of great bodily harm or of losing his life; that the conduct of the decedent at tlie time of the killing must, of itself and independently of the antecedent threats, have been sufficient to convince a reasonable person that he was in danger of great bodily harm or of losing his life at the hands of the decedent. It told the jury, in effect, that the threats were not pertinent to the consideration of the question whether or not the defendant was actually assailed or as a reasonable man believed himself in danger of great bodily injury or in peril of life at the hands of the decedent; — in other words, that the prior threats of the decedent were not to be considered unless and until the evidence disclosed that the homicide was committed in necessary self- defense, for, if at the time of the killing the defendant ^Tiad sufficient evidence to convince any reasonable person that he was in danger of incurring great bodily injury or of losing his life at the hands of the deceased," and acted upon such convi'> tion, the homicide was justifiable under Sections 361 and 362 of the Penal Coda It seems clear that the instruction at- tempted to withdraw from the jury the right to consider ante- cedent threats until their duty required a verdict of acquittal, in which case evidence of threats could perform no function whatever. Such is not the law. Evidence of threats made by the decedent against the defendant, and communicated to him, was admissible in the latter's favor as tending to characterize the acts and conduct of the decedent and of the defendant at the time of the killing, and such threats (if made) should have been taken into consideration by the jury in order that they might correctly decide whether the defendant had reason to believe himself in imminent danger of great personal harm or of losing his life; in other words, evidence of the prior threats should be considered with, not apart from, the conduct and acts of the decedent (as well as of the defendant) at the time of the homicide. Evidence of communicated threats of the decedent was admissible in favor of the defendant because of its tendency S6 State v. Shadwbix. [Oct T/01 to show the state of mind of the defendant and of the decedent, and as illustrating the motives, intention and conduct of each at the time of the homicide. With reference to evidence tend- ing to prove prior conmiunicated threats of the decedent, the former opinion in this case contains the following language: "Now, in probing that motive, to ascertain whether he was prompted by malice, and acted maliciously, or whether he be* lieved he was in danger of great bodily harm at the hands of the deceased during the movements of the two at the card table, just before and at the time of the killing, it was competent to prove previous threats of violence made towards defendant by O^Connor, as tending to show a cause for the belief Shadwell say8 he entertained that he was in great danger of receiving harm from O'Connor at the time that he fired at him and killed him." Threats of the decedent against the defendant which had not been communicated to the latter, were admissible for the purpose of indicating or tending to show that the decedent brought on the conflict or was the aggressor or assailant, and that the defendant acted in necessary self-defense, — evidence of such unoommunicated threats was relevant as tending to shed light upon or show the intention and animus of the decedent and to characterize his conduct. While prior threats of the decedent against the defendant, whether conmiunicated or noi;, are inadmissible in justification unless at the time of the killing the decedent indicated by his conduct an intention to carry them into execution (Territory v. Campbell, 9 Montana 16, 22 Pacific Reporter 121 ; State v. Hail 9 Nev. 58), evidence that they were made is relevant and material wherever there is any evidence tending to show such conduct or to prove that the decedent was the assailant at the time of the homicide; — ^to express it in another form : To justify the homicide in a case like the one at bar, there must be such overt act or such mani- festation of present purpose on the part of the decedent to exe- cute the threat as to induce a reasonable belief in the defendant that he will suffer great personal injury or lose his life unless he at once defend himself, and in the effort to determine 36 Mont] Stats tr. Shadwell. 5T whether, under all the circumstancea taken together, there was an overt act or manifestation, sufficient to induce such belief in the defendant, evidence of previous communicated threats of the decedent must be considered by the jury ; and previous un- communicated threats of the decedent against the defendant are admissible as evidence of the decedent's animus, where a con- troversy exists as to who was the assailant, or as to whether overt acts were then committed by the decedent which were sufficient to create in the mind of the defendant a reasonable fear that he was in imminent danger of suffering great bodily harm or of losing his life at the hands of the decedent, — as we have already said, in effect, evidence of such uncommunicated threats should be considered as tending to show the state of mind and intent of the decedent, and whether he was the aggressor at the time of the homicide, and, if he was the aggressor, as tending to characterize his overt acts and throw light upon the question whether they were sufficient to justify the killing. Instruction No. 26 conflicts with instruction No. 27. The latter instruction reads thus: "The jury are instructed that they may take into consideration, in arriving at their verdict any threats that the deceased may have made against the de- fendant if they believe such threats were made^ for the purpose of enabling them to arrive at the state of mind of the defendant, and for the purpose of illustrating his conduct and motives in connection with the other evidence in the case, and for the pur- pose, likewise^ of showing the animus of the deceased and his motives." To this instruction the defendant urges no objec- tion. By it the jury were in effect told that any threats which had been made by the decedent against the defendant might be taken into consideration with the other evidence in the case for the purpose of illustrating his motives, conduct and state of mind at the time of the killing, and for the purpose also of showing the animus and motives of the decedent, thus charging the juiy that evidence of antecedent threats were to be consid- ered, not independently of but in connection with, all the other evidence in the case, including that touching the conduct and 58 Statb v. Shadwbli^ [Oct T.'Ol acts of the decedent at the time of the killing. In. our opinion the two instructions are irreconcilably in conflict, and it ia imr possible to determine which the jury followed. It is not un^ likely that the jury understood the latter instruction aa modify-* ing the former, nor is it improbable that the jury interpreted the former as meaning what it should have escpressed ; but we cannot declare that they did either. An error is presumptively prejudicial to the defeated party, and the presumption is rebut- ted only when it appears that it either was not or could not have been injurious. The jury may have been, and the presumption is that they were, misled by the instruction of which complaint IS made. This is the rule in civil caaes {Parrin v. Montana Central Railway Co., 22 Mont 290, 56 Pac. 315), and for the Hke or a stronger rea^n is it the rule in criminal cases. For the error adverted to there must be a reversal As the cause will be remanded, we shall call attention to such other questions as require notice and are likely to arise on a new trial. 2. "The ease was a proper one to submit to the jury with instructions upon murder and manslaughter." {State v. Shad- well, supra.) There was evidence tending to prove the defend- ant guilty of muirder of the first degree; there was evidence tending to prove his guilt of murder^of the second degree; and there was evidence the tendency of which was to prove him guilty of manslaughter. Whenever the evidence warrants it the duty of the court is to instruct the jury upon every ofiense included in the crime charged. (State v. Colder, 23 Mont 504, 59 Pac. 903 ; State v. Fisher, 23 Mont 540, 59 Pac. 919 ; State V. Bowelly 26 Mont 3, 66 Pac. 291.) The opinion in State y^ Brooks, 23 Montana, 146-159, 57 Pacific Reporter, 1038, may,, if not read as a whole, convey the impression that the omission of a charge upon manslaughter is error without prejudice when the jury upon sufiicient evidence find the defendant guilty of murder, there being also evidence tending to prove manslaugh- ter ; but the opinion is not so to be understood, for in that case there was no room for a verdict of manslaughter, the killing having been done in malice aforethought or by an insane man. 36 Moxtt] St ATX v. Shadwsli. 59 Nor do we agree with the oontentian of the attorney generul that because in the case at bar the defendant endeavored to show tiiat the killing was done in necessary self-defense, an instruc- tion that he might be convicted of manslaughter was unneces- sary. That the defendant contended that he acted in self- defense and, therefore, that the homicide was justifiable^ did not make it the duty of the jury to convict of murder or acquit altogether. If from the evidence they believed him guilty of manslaughter, they should have so found notwithstanding his plea of self-defense. The mere fact that the defendant insisted, by evidence or otherwise, that he was justified in the killing, could not relieve the court and jury of considering the crime of manslaughter when there was evidence tending to prove its commission. (See State v. Colder, 28 Mont 520, 59 Pac. 903.) It might as well be said that on a charge of grand larceny the defendant^ because he denies any theft whatever, must, as mat- ter of law either be acquitted or be found guilty of that grado of offense only, tbough there is evidence tending to prove petit larceny ; and tiiat if such lower grade only be proved, the jury must nevertheless convict of grand larceny for the reason that the defendant admitted the taking but asserted title to the property. Murder in each of its degrees and manslaughter were defined in the charge, and the punishment for each was stated ; but no- where did the court expressly advise the jury that they might find the defendant guilty of manslaughter. The jury were in- structed, in the language of Section 2145 of the Penal Code, that whenever a crime is distinguished into degrees, the jury, if they convict the defendant, must find the degree of the crime of which he is guilty. Manslaughter is not distinguished into degrees. The only crime that the charge mentioned which is divided into degrees, is murder. Manslaughter is not a degree of murder, although it is a grade of criminal homicida The elements necessary to constitute the crime of manslaughter are included in the crime of murder, but, as we have said, man- slaughter is not a degree of murder. It is possible, though not so State v. Shadweli,. [Oct- T.'Ol ]()robable, that the jury may not have understood that the dc fendant !might be convicted of manslaughter. Without decid- ing whether or not the omission to instruct the jury that they might find a verdict of manslaughter was erroneous^ we suggest that upon a new trial the omission be supplied. It is always the safer practice to direct the jury explicitly with reference to the verdicts which it is within their province to return. 3. One Anderson, a witness for the state, on cross-examina- tion testified that he was present when O'CJonnor was killed and had been in the room with the defendant and O'Connor during the night on which the homicide occurred ; that he had observed the manner of O'Connor, and that he was abusive toward different persons during the night He was then asked the question: "Of what did that abusive conduct consist?" The witness answered: "I seen him wring a fellow's nose there; he was abusive — ", whereupon he was interrupted by the judge of the court, who remarked : "This is not proper evidence,'' to which the defendant excepted. Immediately thereafter the witness was permitted to answer the question fully. When this case was here on the first appeal we said: "Now, suppose his conduct was boisterous; that his rage to- wards others was deseprate, or his temper was ferocious, and vented itself in fighting, abusing and terrifying others who came into the saloon just before the homicide ; and that the defendant observed this manner towards others. Would it not be relevant to the question of the reason of defendant's belief, if he had one, that the attack he says O'Connor made upon him when he killed him was to do him great bodily harm? We think it would, and that, therefore, what transpired in defendant's pres- ence on the night of the killing was proper, even though it in- volved the conduct of the deceased towards others." {State v. Shadwell, 22 Mont 573, 57 Pac 286.) We deem it unneces- sary to decide whether there wa error in the remark of the judge if heard by the jury, and if so whether it was subse- quently cured. Having called attention to the matter we assume that any question concerning it will, if possible, be avoided on a new trial. 26 Mont] State v. Shadwell. 61 4. Between the first and second trials^ one Barrett, who had been examined as a witness for the defendant, died. On the second trial the defendant asked to read to the jury the testi- mony of the witness. The request was granted and the official stenographer read the testimony. At the first trial the court, on motion of counsel for the state, struck out the testimony of Barrett with respect to llie conduct of O'Connor towards any one but the defendant, and this ruling of the court appeared in the report of Barrett's testimony, as read by the stenographer on the second trial. But at the second trial no objection was made or exception reserved with respect to the matter stricken out upon the first trial ; nor was the attention of the court di- rected thereto by counsel for either party. The ruling made upon the first trial and the defenxiant's exception thereto are not equivalent to a ruling and exception at the second trial. If the defendant desired to have the action of the court upon the first, trial excluded from the jury he should have asked that the stenographer be directed to omit it when reading the testimony, <«• f aiUng that, he should have prayed the court for an instruc- tion in that respect If there was error, the defendant waived it by failing to assert his rights. Errors not excepted to in the court below cannot be reviewed on appeal. The foregoing are all the matters of sufficient importance to require comment Because of the error in instruction No. 26, the judgment and order appealed from are reversed and the cause is remanded for a new trial. Let the remittitur issue forthwith. Reversed and remanded. •8 State ex bbl, Kooh v. Babbet. [Oct T.'Ol STATE EX EEL. KOCH, Relator, v. BARRET, State Tbeasubeb, Respondent. (No. 1,704.) (Submitted July 29. 1901. Decided August 1, 1901.) (Opinion Filed Noyember 4, 1901.) Grant of Lands by United Stages for the Use and Benefit of State Agricultvral Colleges — Appropriation by State — In- come as Trust Funds — Income from Leases. 1. Act of Congress February 22, 1889, granted to the state, subject to Act of Congress July 2, 1862, certain lands for the use of agricultural colleges. Act of Congress July 2, 1862, provided that lands so granted should be sold, and che proceeds invested as a perpetual fund, the interest to be appropriated to the support of at least one college in such manner as the legislature might prescribe. Constitution, Art. XVII, Sec. 2, provided for the temporary leasing of such lands until they should be sold, and Article XI, Sec. 4, authorized such sale. Article XI, Sec. 12, devoted the interest on invested funds from sales and rents from leased lands to the mainte- nance of the institutions to which the grants bel<mged. Political Code, Sees. 3470-3519, 3590-3505, authorizes the leasing of unsoid lands by the land commissioner, and the payment of revenues derived therefrom into the state treasury. Id. Sec. 1516, declares that the board of education shall receive all funds and incomes to which any of the state educational institutions may be entitled to be used for the specific purpose of the grant. Section 1513 provides that the state treasurer shall be the treas- urer of this board. Section 1625 gives the immediate control of the State Agricultural College to an executive board, the treasurer of which should give bond to the state board of education. Held, that the legislature had not failed to prescribe how the income from the grant snould be appropri- ated to the support of the agricultural college, and it was the duty of the state treasurer to pay the warrants drawn by the executive board on the income in his possession. 2. The funds and Income derived from the grant were trust funds, to be dis- bursed through the agency of the state, and were not subject to Constitu- tion Art. VII, Sec. 20, providing that claims against the state other than for the salary or compensation of a public officer should be audited and allowed by tae state board of examiners, and paid only on the warrant of the state auditor. 3. The income from the lease of the lands granted was available for the use and support of the agricultural college, it not being a condition precedent to its right tnereto that the lands should be sold, and the proceeds invested so as to provide an income from interest thereon. Application for writ of mandamus by the state, on the rela- tion of Peter Koch, as treasurer of the executive board of the S6 Mont.] State sx bel. Koch v. Basset. 63 State Agricultural College^ against A. H. Barret, state treas- urer. An alternative w<rit was issued, and defendant moved to quash the writ and to dismiss the petition. Writ granted. Messrs, Hartman & Hcurtmaai^ for Relator.' Mr, J amies Donovan, Attorney Oeneral, for Kespondent. MR. CmEF JUSTICE BRANTLY delivered the opinion of the court. The relator herein applied to this court on July 24, 1901, for a writ of mandawAis to compel the defendant, as the state treasurer, to pay a certain warrant drawn upon him by the vice president and secretary of the executive board of tjie State Agricultural Collie, and in favor of the relator as the treasurer of said board, for funds with which to pay a balance of $1,500 of the current expenses of the institution for the scholastic year ending June 30, 1901. The relator alleged in his application that the funds in the hands of the defendant had been derived from rents of lands leased by Ijie state land commission belonging to the grant of lands made by the United States government in aid of the agricultural college; that they were, therefore, properly appli- cable to the payment of the warrant in question ; that the ac- count for which the warrant had been drawn had been approved and ordered paid by the state board of education, but that the defendant wrongfully refused to pay the same, in violation of his legal duty in the premises. An alternative writ was issueil, requiring the defendant to pay the warrant, or to show cause on July 29, 1901, why he had not done so. The attorney gen- eral appeared in his behalf, and interposed a motion to quash the writ, and dismiss the proceeding, on several giounds, two of which he urged as conclusive against the issuance of the writ, namely : "That the legislature of the state of Montana has not appropriated the sum demanded, or any part thereof, to the maintenance of said agricultural collie of the state of 04 State ex bel. Koch v, Babbet.. [Oct T.^01 Montana ;" and ^'diat there is no law authorizing the payment to the relator of moneys derived from the leasing of lands do nated to the state of Montana for the use and support of said agricultural college.'^ The questions thus raised were then sub- mitted for final decision, the attorney general conceding that, if they should be decided adversely to his contention, the writ should issue as prayed. After consideration, the court con- cluded that the contention made by the attorney general could not be sustained, and on August 1 ordered the writ to issue. 'No written opinion was then handed down, because the court was about to adjourn for the summer vacation. Owing to the importance of the interests involved, however, we deem it proper to state our reasons now for the action then taken. Under the Act of congress approved February 22, 1889, commonly known as the "Enabling Act,' providing for the ad- mission of Montana into the Union as a state upon equal footr ing with the original states, there were granted to the state, subject to the provisions of the Act of congress approved July 2, 1862, certain lands for the use and benefit of state agricul- tural collies. The lands so granted were accepted on behalf of the state^ subject to the prescribed conditions, J)oth by the constitutional convention (Ordinance No. 1, Subdivision 7) and by the state legislature (Session Laws of 1893, pp. 171- 173; Political Code, Sec. 1628). By reference to the Act of congress of July 2, 1862, and particularly section 4 thereof, it will be seen that it was contemplated by oongress that the lands granted by the Enabling Act should be sold ; that the proceeds should be profitably invested, so that the principal should be forever preserved as a permanent endowment fund; and that the interest thereof should be devoted to the support of the college or colleges established pursuant to the declared purpose of the grant. Neither of the Acts of congress referred to spe- cifically provides that the land granted may be leased by the state authorities pending a sale; but the state constitutional convention, anticipating possible difficulty and delay in con- verting the lands into money, and with a purpose of making 26 Mont] StAT£ EX bbl. KoC'A i). Babket. 86 the grant profitable in the meantime^ atithorized the legislature to provide by ^a^v for the leasing of all the agricultural and grazing lands included in the grant until they should be sold. (Constitution, Art. XVII, Sec. 2.) The constitution also created a state land commission, consisting of the govemor^ secretary of state, superintendent of public instruction and at- torney general, to have the "direction, control; leasing and sale^^ of all lands gi'anted to the state for educational purposes (Con- stitution, Art. XT, Sec. 4), subject to the regulations to be prescribed by law. Another provision was made (Constitution^ Art- XI, Sec. 12), requiring the funds derived from the sale of lands embraced in the several grants to the state for the use and support of state institutions^ of learning, as well as funds derived from other sources for that purpose, to be preserved inviolate and sacred for the purposes for which they were dedi- cated, but directing that the interest upon the invested funds, together with the rents from the leased lands, be devoted to the •'maintenance and perpetuation" of the various institutions to which they, the respective grants, belonged. Pursuant to these several provisions of the constitution, the legislature has en- acted regulations under which, in default of sale, all agricul- tural and grazing lands may be leased imder the direction of the state land commission for terms not exceeding five years,, and requiring the revenues derived therefrom to be paid into- the hands of the state treasurer. (Political Code, Sees. 347(^- 3519, 3690-3595; Session Laws of 1897, pp. 178, 179; Ses- sion Laws of 1899, pp. 86-93.) Under these provisions of lav- considerable quantities of agricultural and grazing lands se- lected for the use and benefit of the State Agricultural College at Bozeman, have been leased, and the income derived there- from has been paid into the hands of the defendant, as state treasurer, to the amount of $16,000. The first contention made by the attorney general was based upon this language contained in Section 4 of the Act of Con- gress of July 2, 1862: "* * * That tlie moneys so in- vested shall constitute a perpetual fund, the capital of which Vol XXVI-5 66 State bx bxl. Eoch v. Babbst. [Oct T.'Ol shall remain forever undiminiahed^ * * * and the inter- est of which shall be inviolably appropriated by eadi stati) which may take and claim the benefit of this act to the endow- ■ ment, support and maintenance of at least one college^ * * * in such manner as the legislatures of the states may pre- scribe * * ." He argued that the legislature of this state has enacted no provision of law under the authority of which any interest or income derived from the grant may be applied to the support of the college. The state board of education was created by the legislature under authority of the constitution (Constitution^ Art. X.1, See. 11). This board consists of the governor, state superin- tendent of public instruction and attorney general, ex officio members, with eight other citizens, appointed by the governor, by and with the consent of the senate. Its powers and duties « are enumerated in Chapter I, Title III, Part III of the Po- litical Code, and are very esctensive. Section 1516 declares: ^'The powers and duties of said board shall be as follows : ^(1) Th^ shall have the general control and supervisioa of the state university and the various state educational insti- tutions. ''(2) To adopt rules and regulations, not inconsistent with the constitution and laws of this state, for its own government, and proper and necessary for the execution of the powers and duties conferred upon them by law. ^'(3) To prescribe rules and regulations for the government of the various state educational institutions. * * * "(10) To receive from the state board of land ccnnmis sioners or other boards or persons, or from the government of the United States, any and all' funds, incomes and other prop- erty to which any of the said institutions may be entitled, ami to use and appropriate the same for the specific purpose of Ae grant or donation, and none other, and to have general control of all receipts and disbursements of any of said institutions." It is further provided (Section 1513) that the state treasurer shall be the treasurer of this board. Turning to Chapter IV, i% Mont] SrfATE <z bsl Sooh i;. Babsr. 91 Title UI, Ptrt III of the same Code, under tke pforiaionff of wludi the insittiition was estahUaiied, aosd speeial regulatlonft pdovided for its government aad cOBtfol, ^e fiad (Seotiou 3625) that the iHunediste direction and eemtrol of it is vested ia fltn exeentive board^ eoiBflisting of five memberB^ appointed 1^ the goremory by and with the eoment of the boasrd of edtiea- tion. Thift latter board is required to have a secretary and treasoYer, ariected from its own member^ or not, at the pleaamre eef the board, who sbaH give bond in soch mxm as may be pre- searibed by the state boatd of edueatiott, for the faithful per- fomaBce of hia dnties, and to acootmt for all moneys comii^ ittto bis hands by virtae of his office. From the various pro- viakms of the eonstitution eited md the statutes enacted to cany out their evident intention, it is apparent that the state board of edneation is vested with the esdhaaive power to reseive, invest, manage and control the funds derived from the sale of the lands granted to the state for the use and support of the agricultural college and that the income therefrom is subject to the orders of the board to meet the cnrrent expenses of the institution. The defendant is the proper depositary of these funds, and is therefore liable, upon the order of the board, to pay out the income derived therefrom as current neeessdties demand ; for under Section 1516, cited, the board id empowered ^'to receive from the state board of land commissioners or other- boards or persons, any and all funds, incomes and other prop- erty to which any of the said institutions may be entitled, and tO' use and appropriate the same to the purpose of the grant or donation, and to have general control of the receipts and diebursements." It is also clear that the executive board, of which the relator is treasurer, has direct management and con- trol of the affairs of the institution, and that it is the duty of the defendant to pay the warrants drawn by it, when orderei to do so by the state board in the exercise of its general powers. The legislature has therefore not failed to "prescribe" how th« income derived from the grant shall be appropriated to the ''endowment, support and maintenance" of the institution, as 68 State ex rbi.. Kocii v. Barbet. [Oct T/Ot was contemplated by the Act of congress making the grant The attorney general contended further, in this connection, that the claim for which the warrant was drawn is a claim against the state other than for a salary or compensation of a public oflScer, and should be audited and allowed by the state board of examiners and paid upon the warrant of the state auditor. To support this contention he cites Section 20 of Article VII of the Constitution, as follows: "The governor^ secretary of state and attorney general shall constitute a board of state prison commissioners, which board shall have such supervision of all matters connected with the state prisons as may be prescribed by law. They shall constitute a board of examiners, with power to examine all claims against the state, except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law. And no claims against the state except for salaries and compensation of officers fixed by law, shall be passed upon by the legislative assembly without first having been considered and acted upon by said board. The legislative assembly may provide for the temporary suspension of the state treasurer by the govemorj when the board of examiners deem such action necessary for the protection of the moneys of the state." The relation of the state government to the trusts created by the provisions of the Enabling Act was considered in State ex rel. Bickford v. Cook, 17 Mont 529, 43 Pac. 928, wherein there was a controversy over the payment of the compensation due to members of the capitol commission. It was said in that case, in substance, that lands granted by congress to provide for the erection of the state capitol, and accepted by the state, became a trust; that funds derived therefrom were trust funds, to be devoted exclusively to the purpose of the trust, through the agency of the state; that the disbursement of them was not an expenditure of the state "within the meaning of expenditures generally referred to in tiie constitution ;'' that the state officers could not use the fund for any other purpose than that desig- nated in the Act of Congress ; and that, in so far as they dealt 26 Mont] State ex sel. Koch v. Baseet. &9 with that fund, they created no obligation which the state wa^ bound to pay out of the ordinary revenues derived from taxa- tion. Again, in State ex rel, DUdine v. Collins, 21 Mont. 448, 53 Pac. 1114, the section of the constitution cited by the attor- ney general was considered, and it was held that the state uni- versity bond fund was a trust fund ; that the sftate acted in con- nection with it as a mere agent to execute the trust ; and that, as in tlie administration of it no debt was or could be created against the state, the constitutional restriction as to the expendi- ture of the funds arising therefrom did not apply. '^It is evi- dent furthermore," this court said, "that the Act of the legis- lature providing for the erection of the university building did not contemplate that claims arising under the terms of the con- tracts for the buildings should be subject to approval by the state board of examiners." This statement was based upon a provision of the statute creating the university commission, which authorized it to draw warrants upon the state treasurer payable out of the trust funds in his hands. We think the principle of these cases applicable to the present case, and that the legislature, in defining the powers and duties of the board of education, with a view of following the spirit and intention of the Act of congress creating the trust, intended that this board should be clothed with the special and exclusive power of executing it free from the limitations and restrictions of the constitution as to the expenditure of the ordinary revenues of the state. It may be that a diflFerent rule would apply to ex- penditure of any moneys appropriated by the legislature out of the revenues of the state to supplement the revenues derived from the trust fund thus left to the control of the board. Upon thi^ question, however, we express no opinion, as it was not properly before us. Under the second ground of the motion the attorney general argued that congress, in making the grants intended that it should become available only after a sale of the lands granted, and an investment of the moneys thus obtained, so as to pro- vide an income from interest ; that this intention is manifested 70 Statb «x BBi.. Koch t;. Bawudt. [Oct T/<H by die Udt that thero is luHliizig either in tiie Enabling Act or in the Act of July 3, ISOS, authorizing the state to adopt a system of leasing for the purpose of creating a revenue for cur- rent necessities, and hence such reFcnuee as have been or are derived from this source cannot lawfully be used by the board of education to pay the bill in question, notwithstanding the provisions of the constitution and statutes cited. The result of this contention is that all of these provisions are in violation of the acts creating the trusty and that to subject the fund in the hands of ihe defendant to the payment of the demands cre- ated' by the board would be only another step in the course of mismanagement of which the state government has been guilty. We do not think this position maintainable. We think the manifest intention of congress was to create a permanent endow- ment, which was to be preserved inviolate; and to require that the revenues derived therefrom should be faithfully applied to the support of the institutions created, and not be diverted to other purposes. So long as this intention is carried out^ we think it makes no difference what mode is adopted The grant was made in view of conditions existing at the time, and others which might arise. It certainly oould not have been intended that lands which could not be readily and speedily sold, but whidi, from their character and situation, could be made to yield a revenue by a system of leasing, should be al- lowed to lie idle and unprofitable until such time as the 8tat3 oould sell them, and thus comply with the strict letter of the grant The grant was made and accepted .with the existent conditions in mind, and, in our opinion, the constitutional con- vention, in making the provisions it did, and the legislature in providing the mode by which they are made effectual, both ex- hibited a wise foresight, and have thus made it possible for the people to have the present benefit of the gift of the federal government without in any way impairing its value or di- verting it to improper usee. Writ gtXLntsd. 96 Mont] State v. Fostsb* 71 STATE, Appbllawt, v. FOSTER, Respondent, (No. 1,692.) (SuDmiLted October 7, 1901. Decided November 11, 1901. ) Larceny — Evidence — Sufficiency — Appeai — Neiv Trial. 26 71 m 229 36 234^ 2. 3. 4. Where an order granting a new trial Is silent as to the grounds on wh\|ch It Is based. It will be affirmed. If It can be Justified on any ground on which the motion was predicated. Where there la a substantial conflict in the eyldence the action of the trial court in granting or denying an application for a new trial on the ground that the evidence is insufficient to Justify the verdict, or that the verdict is contrary to the evidence, will not be disturbed on appeal. Where there is no substantial evidence to support the verdict it is the duty of the trial court, as a matter of law, to vacate and set aside the verdict, and If it refuse to do so Its action will be held erroneous. On a prosecution for grand larceny, that accused and others were follow- ing the itineraries of political speakers under a conspiracy to commit larceny, and that at a political gathering the prosecuting witness carried his purse in his left hand in his pocket, and, while In a crowd, feeling a tugging at his left arm, recognised accused and an associate standing at his left, and after geing a distance of three blocks he discovered his purse was missing, is Insufficient to Justify a conviction of accused for the par- ticular larceny. Appeal fronh District CquH, Lewis and Clarice Cownty; Henry C. Smith, Judge, W. M. Foster was convicted of grand larceny, and from an order granting a new trial the state appeals. Affirmed. Mr. James Donovan, Attorney General, and Mr, 0, W, Mc- Connell, for the State. Mr, R. R, Pvrcell and Messrs. Nolun & Loeb, for Respond- ent. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the conrt. The defendant was convicted of the crime of grand larceny, and sentenced to a term of two years at hard labor in the state 7g State v. Fostdb. [Oct T.'Ol- prison. He theroupon moved for a new trial, alleging as grounds therefor that the court had misdirected the jury in matters of law, that it had erred in the decision of questions of law arising during the trial, and that the verdict was contrary to the law and the evidence. From an order granting the mo- tion the state has appealed. The order is' silent as to the grounds upon which the district court based its action. It is therefore incumbent upon this court to affirm it if it can be justified upon any one of the grounds upon which the motion was predicated. (State v. Sclincpcl, 23 Mont. 523, 59 Pac. 927; Menard v. Montana Cen- trat Railway Co,. 22 Mont. 340, 56 Pac. 592.) Counsel for the state have given attention in their brief to two questions onlj, namely, whether the district court erred in admitting certain evidence, and whether the verdict was contrary to the evidence. We shall notice the latter question only, as we think that a correct answer to it is conclusive of this appeal. The rule has frequently been declared by this court that an application for a new trial on the ground that the evidence is insufficient to justify the verdict, or that the verdict is contrary to the evi- dence, is addressed to the sound discretion of the trial court, and that where there is a substantial conflict in the evidence the action of that court in granting or denying the application will not be disturbed on appeal. {Hamilton v. Nelson, 22 Mont 539, 57 Pac. 146 ; Paiten v. Hyde, 23 Mont 23, 57 Pac 407.) If, however, there is no substantial evidence to support the verdict, a different rule applies. In the latter case it be- comes tbe duty of the trial court, as a matter of law, to vacate and set aside the verdict and if it refuses to do so its action will be held erroneous. (State v. Welch, 22 Mont 92, 55 Pac. 927.) The evidence contained in the record presents a case to which the second rule is applicable. Indeed, the request made by the defendant at the close of the state's case that the court direct a verdict of acquittal should have been granted; because there was then no evidence before the jury to warrant a verdict of gililty. Nor did the defendant thereafter by his 2i6 Mont] State v. Foster. 73 <^vidence aid the state's case in the slightest degree^, for hii^ •effort Avas directed entirely towards the impeachment of one -of the state's witnesses. The facts shown by the evidence are as follows : On the evening of September 17, 1900, Mr. Roosevelt, candidate for the vice presidency of the United States, addressed the citizens of Lewis and Clarke county at the city of Helena. A proces- sion, it seems, was formed to conduct the speaker to the Audi- torium, the place of the meeting. Crowds of people were col- lected upon the streets along the line of march. One South- mayd was standing with his daughter among a crowd at the •corner of Main street and Sixth avenue, and, as the carriage in which Mr. Eoosevelt was riding passed this point^ South- mayd stepped into the street near the line of march, in order to obtain a better view. He then held his purse clasped in his left hand in his trousers pocket. The purse contained, among other things, two United States silver certificates of the denomi- nation of $10, the subject of the larceny charged in the infor- mation. While Southmayd was standing among the crowd, looking on, some man jostled him severely, passing on his right towards the front, and then pressing backward towards his left. At the same time he felt a tugging at his left arm, as if some one were trying to lift his hand from his pocket Turning in that direction, he saw the defendant standing at his left^ and by him another person by the name of Hall. Hie did not dis- <»ver who was tugging at his arm. His hand was not removed from his pocket by the tugging, and after it was over he stili held iis purse in his pocket as before. When the carriage bear- ing Mr. Koosevelt had passed, Southmayd returned to the side- walk where he had left his daughter, and walked with her im- mediately to the Auditorium, about three blocks distant. The doors of the building had not been opened when they arrived, and they stood a few minutes with others waiting for admit- tance. At this time Southmayd missed his .purse. Looking about him, he saw none but familiar f acea Other persons during the same evening, while on the streets or in attendance 74 State v. Fostbe. [Oct T/01 at the speaking, loet their purses or other yaluables at the hands of pickpockets. The next day the defendant and sax others were arrested on a railroad train on their way to Bntte^ where Mr. Boosev^elt was to apeak again. AU these persons were strangers in Montana, and appeared to be traveling together. They were searched as soon as arrested. Upon the defendant were found memoranda and clippings from newspapers show- ing the itineraries of Mr. Eoosevelt and Mr. Bryan, candidate for the presidency of the United States; notices of dates and places of reunions of the Grand Army of the Republic, and other assemblages of people throughout the country ; a mileage book for 1,000 miles, sold to him by the Northern Pacific Rail- way Company at St. Paul, Minn., on September 15, 1900, with 167 miles unused; a bunch of railroad conductors' checks of different colors; and $100.65 in cash. Upon the other persons arrested were found similar articles, including partially used mileage books, conductors' checks, itineraries of prominent po- litical 8peakeis, etc. Uix)n one of them named Wilson was found a $5 Canadian bill, which was identified by one Collins,, a witness for the state, as his ; he having had a purse containing it) with other money, abstracted from his pocket while in the crowd gatlieiTd about the Auditorium before the doors were opened. When searched the prisoners all made false statements as to the amounts of money in their possession. Each was found to have more than he stated. A few days after the arrest the prisoners wei'o again searched, and upon three of them, concealed in various places in their clothing, were found sums of money to the amount of $470. One of them had tried to conceal a $50 bill by putting it in his mouth. There was no evidence tending to show that any of the money found upon any one of the prisoners belonged to Southmayd. The theory of counsel for the state at the trial was that die defendant and the persons arrested with him were professional pickpockets following the itinerary of Mr. Roosevelt for die purpose of plying their trade in the crowds which gathered to hear him ; that they were engaged in the common purpose for 36 Itont] State v. Fostek. TS their mutual benefit; that either the defendant or Hall ab- stracted Southniajd's purse at the time he was joetled in the crowd ; and that, whether the defendant or Hall actually took the purse, the defendant was guilly, by reason of the fact that he was engaged with Hall and the other prisoners in a con- spiracy to pick pockets. It was upon this theory that counsel offered and the court admitted the evidence touching the arti- cles found upon the defendant and his fellow prisoners, the at- tempts to secrete the money by some of them, and the larceny of the Canadian bill from the witness Collins. Conceding, for the sake of argument, that all of this character of evidence was competent and material to show a conspiracy to commit larceny by the defendant and his associates, and that it is sufficient to establish such a conspiracy, there is no evidence in the record to justify the conclusion that any of them committed the par- ticular larceny in question. In that connection it appears only that Southmayd was jostled by some one, that he felt the tug- ging at his arm, that he recognized the defendant and Hall standing at his left, that after this demonstration was over he still retained his purse in his hand, and that several minutes afterwards, at a distance of three blocks away, he discovered that it was missing. While these facts may justify a suspicion that the defendant committed the larceny, or that Hall did it with his assistance, they arc wholly insufficient to warrant a verdict of guilty, and should not have been submitted to the jury. The district court was therefore not only justified in making the order granting a new trial, but it was clearly its duty to do so. The order complained of is therefore affirmed. • Afjfirmed. 76 Spelma>' V, G. C. M. & M. Co. [Oct- T/01 SPEI.MAN, Appellant, v. GOLD COIN MINING & MILLING COMPANY, Respondent. (No. 1,347.) (Submitted October 10, 1901. Decided November 11, 1901.) Corporations — Officers — Principal and Ageni — General Ma/n- ager of a Mmijig Corporation — Authority — Contracts for Medical Attendance on Employes — Ratification. 1. A principal is bound only by the autborlxed acts of his agent, and prior authority or subsequent ratification must be shown in order to render the principal answerable ex contractu for the conduct of his agent. % The fact that a certain person is general manager of a mining company does not, in and of itself, imply authority in him to bind the company in matters other than those of its ordinary business affairs. 3. Where employes of a mining company, while working in its mines, suffer bodily injury by the explosion of a blast, and it does not appear that the company was in anywise at fault, the secretary and general manager of the company has no Implied power, by virtue of hts oflice, to bind the com- pany by a contract for medical attendance on such Injured employes. Quacrt: Whether, in a case where an employe Is injured through the action- able negligence of the company, the general manager of a mining company can bind his principal by such a contract? •4. Where plaintiff sought to recover for medical services rendered to em- ployes of a mining corporation by virtue of a contract with the manager and secretary, testimony by a physician, whom plaintiff had called to his assistance, chat he was paid by a check on some part of which appeared the name of the corporation, and that It was his Impression that It was signed by the corporation, per some one elses order,** was not sufficient evidence of a ratification by the corporation of the secretary's contract. Apptal from Disti^t Court. Deer Lodge County, Theodore Brantly. Judge, Action by J. F. Spelman against the Gold Coin MiTiing and Milling Companv. From a judgment for defendant, plaintiff appeals* Affirmed. .Vr«w:s5* O^T^ary ijf Maiden, for Appellant J/r, J. R. Hjornmu. for Respondent 36 14 ont] SPEL3IAN V. G. G. M. & M. Co. TT MR. JUSTICE PIGOTT delivered the opinion of the oourtj This was an action. to recover judgment for the reasonabl^^ vahie of services alleged to have been rendered by the plaintifE and one McKenzie, as physicians and surgeons, at the special instance and request of the defendant, a corporation organized for the purpose of mining and engaged in that business in th-^. county of Deer Lodge, Montana. The defendant denied that it ever employed the plaintiff or McKenzie and traversed the- allegation of the complaint touching the reasonable value of the services. The evidence disclosed or tended to show the exist- ence of the following facts: One Shafner was the president of the defendant, one Loomis its secretary and general manager, and one Beaton its assistant manager and foreman. On Janu- ary 13, 1898, Beaton and two other employes of the defendant were injured by the explosion of a blast in the Gold Coin, mine owned by the defendant and in which they were then working. On the same day the men were taken to a hospital in Anaconda where they received at the hands of the plaintiff and McKenzie medical and surgical attendance and treatment for several months. The hospital had no contract with the defendant^ nor were there any relations between it and the defendant. The- plaintiff was surgeon to the hospital. After the first examina- tion of the men the plaintiff suggested to Beaton the employ- ment of a specialist in diseases of the eye and that it would be well to call in one Grigg. To this Beaton assented, saying that the defendant would pay all the expenses incident to the treat- ment of himself and of the other men. Thereupon the plaintiff called in Grigg, who gave to the eyes of the men such attention as was necessary. On the 14th, which was the day after the accident, Loomis telegraphed to the plaintiff to spare no ex- pense in giving Beaton the best possible nursing and attention, and if the other men who had been injured needed surgical and hospital treatment, to provide it, and he would pay all the ex- penses. Thereafter, and while the plaintiff was professionally attending Beaton and his companions, Loomis orally assured* TO S»«utAir V. O. C. K & M. Go. [Oct. T,'01 I tlie plaintifF and MeKenzie that flte defendant would pay thtai. McKenzie assigned his acoount to the plaintiff. Grigg's bill for the services rendered by him was paid in part by Beaton, and in part by a check on some part of whieh appeared the name of the defendant, Grigg testifying that he did not know whe^e the name of the defendant appeared thereon^ but it waa his ^^impression that it was signed by the Oold Coin Mining Com- pany per some one else'a order." On motion of the defendant the court granted a nonsuit for the reason that no authority had been shown in either Loomi» or Beaton to employ the pJaintiff or McKeuzie on behalf .of &e defend- ant, to attend the men injured, that the evidence did not show that the employment of the plaintiff or his assignor came within the scope of the authority of either Loomis or Beaton, and that therefore the plaintiff failed tb show the liability of the defendant The order granting the motion was followed by a judgment in favor of the defendant^ from which and from an order refusing a new trial, the plaintiff appeals. Several errors are specified, but the question presented by the order granting the nonsuit is the only one that requires emt- sideration. The plaintiff contends that Locmiis, the genera) manager of the defendant, was, by virtue of his <^ce, empow- ered to employ the plaintiff and McXenzie in the name of his principal and to bind it by his promise to pay them. He in- sists that authority to employ physicians and surgeons to attend upon miners injured while engaged in working for the defend- ant was impliedly delegated to Loomis by his appointment to the office of general manager^ and that neither express authority nor subsequent ratification by the compcmy need be shown ; and that the defendant paid a part of Grigg's bill, thereby ratifying the employment of the plaintiff. It is argued that Loomis in his capacity of secretary and general manager of the defeadantt was its representative and in the transaction of its ordinary affairs might do whatever the corporation could do within the scope of its powers, and that the general manager of a mining company must necessarily receive full power to act for the S6 Hont] Spblmav v. G. C. M. & M. Co. 79 company in all emergenciee. In shorty the ccmtention is that the law presumee the general manager of a mining corporation to be clothed with the power which Loomis attempted to exer- cise^ and that courts must take judicial notice of such poweor. A principal is bound only by the authorized acts of his agent, and prior authority or subsequent ratification must be shown in order to render the principal answerable ex contractu for the conduct of his agent. The agent s authority may be either ex- press or implied ; but the act done or the promise made by the agent must be within the powers expressly or impliedly dele- gated to him ; though the act was not authorized at the time it was done, it may be ratified subsequently by a competent prin- cipal. Powers of the agent cannot be enlarged by his unauthor- ized representations or promises. The principal is bound, how- ever, by the acts of the agent who is held out by him as possess- ing authority to do the act which he does ; in such case his acts are the principal's when done under such apparent authority, and the principal is estopped to deny the agent's authority when the person dealing with the agent relied upon the holding out. The implication of a promise on the part of one who requests the performance of medical or surgical services for another, to pay for them, does not arise "unless the relation of the per- son making the request to the patient is such as raises a leg&l obligation on his part to call in a physician and pay for the services" (Meisenbach v. Sotdhem Cooperage Co., 45 Mo. App. 232 ; Boyd v. Sappington, 4 Watts, 247 ; Crane v. Ban- donitie, 55 X. Y. 256) ; to make him liable there must be an ex- pr^s promise or engagement to pay by the one who called in the surgeon or by his authorized agent. These general rules are applicable to corporations as well at to natural persons. (Butte & Boston Consol. Min. Co, v. Montana Ore Purchasmg Co., 21 Mont. 539, 52 Pac. 375 ; Trent v. Sherlock, 24 Mont 255, 61 Pac. 650.) Both alike are bound by the acts of their agents done within the scope of the authority ostensibly dele- gated. In the ease at bar certain employes of the defendant while 80 Spelman v.G, C. M. & M. Co. [Oct. T/Ol • working in its mine, were injured by the explosion of a blast. It does not appear that the company was in any wise at fault, — the employment of the plaintiff by Beaton and Loomis, who as- sumed to act in the name of the company, being (of itself) no evidence that the defendant was negligent or that in their opin- ion it was responsible for the accident. The men were removed to a hospital with which the defendant had no connection or contract whatever, and were there treated by physicians and surgeons to whom the general manager of the defendant mado promises to the effect that the defendant would pay them. There was nothing tending to show that the general manager had there- tofore assumed so to bind the defendant, there was nothing to show that the corporation had in any manner whatever ex- pressly delegated to the general manager authority to exercise such ix)wer, nor was there any evidence that general managers of mining corporations habitually exercised that power. Can the court declare, ui)on this state of facts, that the general man- ager of the defendant possessed autliority to bind the defendant by employing physicians and surgeons ? We think not. While there can be no doubt of the implied power of a corporation of the class to which the defendant belongs "to incur expense on account of injuries received by its employes in the line of their employment, in the absence of any express statutory grant of such power" (5 Tliomt>son on Corporations, Sec. 5840), the law unquestionably is that such a corporation does not owe to its employes any implied legal duty to do so. Without attempt- ing to enumerate every duty of the master, we may say, in gen- eral terms, that a corporation, like any other master, discharges its primary duties as master to the servant when it furnishes him with a reasonably safe place in which to work, reasonably safe tools with which to work, and uses reasonable care in selecting fellow ser\'ants, or, rather, is free from negligence iu these three respects. It would not seriously be asserted that a natural ])erson owes to his servant or employe the legal duty to furnish medical or surgical aid to him or to nitrse him when sick or disabled, or when injured while working for the master 26 Mont] Spklman v. G. C. M. & M. Co. 81 or employer, — indeed, we apprehend the law does not impose such obligation upon him in any event without an agreement by which he assumes such burden ; for instance, a sei'vant suf- fers a bodily injury through the actionable negligence of the master ; although the master must answer to the servant in dam- ages for all loss proximately resulting, including physicians' and surgeons' charges, yet the law does not require him to en- gage their services or to pay them for performing the services, — ^he may, if he chooses, employ physicians, surgeons and nurses and promise to pay them, and of course he would then be liable directly to those employed. Whether or not in such a case as the one last suggested the general manager of a mining com- pany can bind his principal is not necessary to be decided upon this appeal. If he can, the power must rest upon the assump- tion or theory that in appointing a general manager the com- pany impliedly del^ates to him authority to. lessen the extent of the injuries inflicted by the principal's ^vrong and thereby diminish the amount of damages for which the latter would otherwise be liable. As has been said, there is nothing in the case at bar to indicate that the defendant was at faulty or that it had agreed with the wounded men to provide surgeons or physicians for them in case of accident If the defendant's directors had met and employed the plaintiff and McKenzie to attend the wounded men, they would have bound the defendant ; but the directors would not thereby have performed a duty im- posed by law upon them or upon the defendant Beyond doiibt the corporation through its board of directors — ^its governing body — ^possessed the right at any time to del^ate the exercise of this power to any officer or person. Now, the general man- ager represents the corporation in all matters falling within the scope of the powers actually conferred or which he is held out by the company to possess; "whenever a corporation a\|»p«.iut& a general manager or superintendent, by whatever name called, it, by that very fact, impliedly holds him out to the public as possessed of the authority to bind it by contracts which are necessary, proper, or usual to be made in the ordinary pr)se- VOL. xxvi-o 82 Spelman V, G. C. M. & M. Co. [Oct T.'Ol cution of its business." (4 Thompson on Corporations, Sec. 4850; Georgia Military Academy v. Estill, 77 Ga. 409.) In Trent v. Sherlock, supra, we said: "Xo principle of law ig more clearly settled than that an agent to whom is intrusted by a corporation the management of its local affairs, whether such agent be designated as president^ general manager, or superin- tendent, may bind his principal by contracts which are neces- sary, proper, or usual to be made in the ordinary prosecution of its business. * * * The fact that he occupi^ by the consent of the board of directors, the position of such an agent, implies, without further proof, the authority to do any thing which the corporation itself may do, so long as the act done pertains to the ordinaiy business of the company. * * * Even where the contract in question pertains to matters without the ordinary course of business, but within the power of the corporation, — that is, such as is not prohibited by its charter or by express provision of law, — ^the authority of the agent may be established by proof of the 'course of business between the parties themselves; by the usages and practice which the com- pany may have permitted to grow up in its business ; and by the knowledge which the board, charged with the duty of con- trolling and conducting the transactions and property of the corporation, had, or must be presumed to have had, of the a2it» and doings of its subordinates in and about the affairs of the corporation.' » * * 'There is no reason, and can be no legal principle, which will put the agent of a corporation on any different footing than the agent of an individual^ in tegaxd to the same business.' " He cannot^ however, bind his principal by a contract to confer a gratuity or beetow a charity, howwer strong the promptings of humanity may ba He acts for and is virtually the company itself in those matters only which have to do with its ordinary business and are within the scope •)f the duties delegated to him for performance. Unless the limits of his authority are shown to have been enlarged, the duties of the general manager are confined to the transaction of the business of the corporation as distinguished from its mere 26 Mont] Spblman v. Q. C. M. & M. Co. 83 ethical duties tod consequent imperfect obligations^ or sup- posed charities. The fact that a certain person is general man- ager of a mining company does . not in and of itself imply authority in him to bind the company in matters other than those of business affairs. It may not be said, as matter of law, or declared as a fact judicially known, that general managers of mining corporations are usually clothed with sueJi authority as that assumed by Loomis. So to hold would be to affirm that every general manager may contract with physicians and sur- geons in behalf of the mining company for which he is agent, irre6i)ective of the rights of the company and without regard to whether it was at fault If he has such authority by virtue of his office, then he may bind the company to pay for the ser- vices and expenses of surgeons^ physicians, nurses and others rendered to and paid out for men who through their own gross n^ligence have suffered injuries in his company's mines, and and his promise in the name of the company to pay any price that might be agreed upon by him and those employed would (in the absence of fraud) bind the corporation. If such author- ity inheres in the office of general manager, then, as was re- marked by Mr. Justice Graves in Mwrquette & Ontonagon Rail- road Co. V. Taft, 28 Michigan, 289, Loomis "must be taken to have had not merely the ordinary powers of control and man- agement pertaining to superintendency, but the larger and more imperial power to bind the treasury of the company to bestow what in law would have to be considered as something originally resting on imperfect obligation.'' If such authority is con- ferred on a general manager^ the court does not take judicial notice of it Evidence tending to prove it must be adduced. We are awai:e of the many cases holding that the general agent, managing agent, general manager or superintendent of a railway company has, by virtue of his office, implied author- ity to employ, on behalf of the company, physicians and sur- geons to attend persons injured by the company, including those injured in the line of their duties while working for it, of which the following are typical : Walker v. The Cheat Western 84: S^BLMAN V. G. C. M. & M. Co. [Oct. T/01 Railway Company, L. K. 2 Exchequer, 228 ; Atlantic & Padfie Railroad Co. v. ReisneVy 18 Kansas, 458 ; Pacific Railroad Co. V. ThomaSy 19 Kansas, 256; Atchison £ Nebraska Railroad Co. V. Reecher, 24 Kansas, 228; Toledo, Wabash it Western Railway Co. v. Rodrigues, 47 Illinois, 188, 95 American De- cisions, 484; Toledo, Wabash & Western RaUuxiy Co. v. Prince, 50 Illinois, 26 ; The Indianapolis & St. Lovis Railroad Co. V. Morris, 67 Illinois, 295 ; The Cairo & 8t. Lovis Rail- road Co. V. Mahoney, 82 Illinois, 73, 25 American Beports, 299 ; The Cincinnaii, Indianapolis, 8t Louis dc Chicago Rail- way Co. V. Davis, 126 Indiana, 99, 25 [N'ortfaeastem Baporter, 878, and cases there cited ; and of some cases in which the con- trary doctrine is announced: Brown v. Missouri, Kansas & Texas Railway Co., 67 Missouri, 122 ; Stephenson v. New Yoric & Harlem Railroad Co., 9 Duer (K Y.) 341. Whether the doctrines announced in the class of cases first mentioned would have been applied to mining corporations under the facts here disclosed, we need not inquire. Whatever may be the rule touching the presumptions with respect to the poweis of rail- way officials, in our opinion a presumption that the general manager of a mining corporation has been clothed with the delegated power to exercise the authority which Loomis as- sumed to exercise, cannot be indulged. In some of the cases cited the judges seem to have been unoonsciously influenced more by considerations of humanity, or moral obligations^ and of hardship, than by the law of agency. Legal principles mtlst govern all cases falling within them, without regard to the views entertained by the judges touching the supposed hard- ship occasioned in' a particular instance^ (Sanford v. Oates, Townsend & Co., 21 Mont page 290, 53 Pac. 749.) As to the contention that tl\e company ratified the employ- ment of the plaintiff, suffice it to say that the testimony of Grigg did not constitute sufficient evidence to prove a ratifica- tion, and that there was no other evidence tending to show it 26 Mont] Trent bt al. v. Shsblogk. 85 Finding no error in the record^ the judgment and order re- fusing a new trial are affirmed. Afftrmed. The Chief Justice, having tried the cause in the court be- low, takes no part in this decision. I'REKT ET AL., Bespondents^ V, SHERLOCK, Appellant. I (No. 1,281.) (Sobmltted October 8, 1901. Decided November 18, 1901.) Foreign Corporations — Principal a/nd Agent — Mining Com- panies — President — Powers — Delegaiion of Powers — Superintendent — UnmUhcrized Acts — Ratification — Evi- dence— Instructions. 1. A creditor of a mining company sought to have its president execute a bill of sale for certain machinery purchased from defendants. The president refused, but referred the creditor to the company's superintendent, who executed such bill, signing it as manager of the company. The directors of the company, with the exception of the president, resided in another state, and the president had the general management of its alTairs within the state. The creditor testified that he informed the president that the bill had been executed, and that the president knew the character of the transaction, but did not want it known that he was cognisant of the transaction, and that he was in the immediate vicinity when the creditor took possession of the property. Defendants sued, and attached the ma- chinery as the property of the company. Held, that the evidence of the ratification of the bill of sale by the corporation was sufficient to justify the court in submitting that question to the Jury, together with the bill of sale. 2. Independent of any ratification, the bill of sale was void, and not voidable, and the defendant was entitled to raise the question of its validity. 3. On the admission of the bill of sale, together with the evidence of ratifica- tion, defendant was entitled to have the jury instructed that they should not consider the contract as prima faoie the act of the corporation, though it purported on its face to be executed by the manager on behalf of the corporation. 86 Teent et al. V, Sheblock. [Oct. T/Ol 4. A contract made for hla principal by an agent, bnt. entirely without the scope of hia anthorlty» la no more binding, until ratification, than If made by a stranger. On Kehearing. (For former opinion, see 24 Montana Reports, 255.) ME. CHIEF JUSTICE BRANTLY delivered the opinion of the court This cause is before the cpurt on a rehearing granted upon application of respondents on November 13, 1900. The argu- ment and decision have been delayed on account of the illness of counsel for appellant For a brief statement of the facts, reference is made to the former opinion in 24 Montana 255, 61 Pac. 650. These additional facts may be noted, as they do not appear in that statement: The Hope Mining Company was organized under the laws of the state of Washington. Its trustees, except the president, Pitner, reside in Seattle, in that state, and its general office is there. On the day following the execution of the contract by Franklin, the mine superintendent, Pitner, Franklin and Trent returned from Butte to Basin. Trent states that he took possession of the property after some conversation with Field, the manager; Pitner then being at his residence, near by. He further states that, after the con- tract had been entered into by himself and Franklin at Butte, he told Pitner that Franklin had given him a bill of sale, but that Pitner said that he did not care to know anything of it, and it must be understood that he did not The conclusion stated in the former opinion was that the defendant should be granted a new trial, on two grounds: First, that the trial court erred in admitting in evidence the contract upon which the plaintiffs found their claim to the property involved; and, second, in refusing to submit to the jury a certain instruction requested by the defendant Upon consideration of the argument and the authorities presented by counsel in support of the motion for a rehearing, we still 26 Mont] Tb£nt £t al. v. Sh£BLOck. 87 thought that the trial court had erred in refusing to submit the requested instruction^ but were inclined to the opinion that in holding that there was not sufficient evidence to go to the jury upon the question whether the written contract had been ratified by the Hope Mining Company, and that it should have been entirely excluded, we were in error. Further consideration of the subject has confirmed this impression, and we now think it the better view that the contract was properly admitted with the evidence tending to show that it was ratified by the corpo- ration through its president, Pitner. From the fact that the corporation was organized under the laws of another state, and had intrusted to Pitner the general — practically the exclusive — management and control of its affairs in Montana, he was im- pliedly authorized to do any act necessary and proper, or usu- ally done in the conduct of the ordinary business of the corpo- ration. Under this condition of affairs, persons dealing with him could not be required to look further, and inquire what express authority his principal had intrusted to him. He there- fore had implied authority to make purchases of property for the corporation either for cash or on credit, and to secure the payment of debts thus incurred for the purpose of keeping the mill in running order. Had the contract in question been exe- cuted on behalf of the company by him, it would, under the circumstances, have been pmnia facie the contract of the corpo- ration, and binding upon it. No such implied authority belongs to an agent whose powers are apparently, as well as in fact, limited to the scope of the particular employment. A superin- tendent of a mine is not, as such, authorized to make contracts for machinery and other supplies necessary for the milling or smelting operations of his principal. If, however, the principal permits such an agent to act generally for him, or in other ca- pacities than those for which he was employed, and thus holds him out as having the authority to do so, the principal cannot eecape liability upon^ contracts made on hia behalf by his agent acting in such other capacities. Franklin's authority being limited to a particular employment, the cx)ntract in ques- 88 Tbent bt ai. V, Sheblock. [Oct T.'Ol tion was not prima facie the contract of the corporation. Nor was the usage and custom of business shown to be such in this particular instance as to justify the inference that he had au- thority, either as superintendent or manager, to pledge the properly of the company. As was said in the former opinion: "Buying and selling or pledging are acts of a different nature, an authority to do the one by no means implies the authority to do the other; and, when it is sought to show an implied authority in the agent to do the act in question by proof of con- sent or acquiescence of the principal, this can be done only by proof of consent to or acquiescence in acts of a similar nature, or by proof of such acts as tend to show a general power." Therefore^ though it appeared that Franklin had assumed on one other occasion to buy machinery for the company, and had for a short time, against the wishes of Pitner, the president', made deposits of its funds in his o^vn name, and drawn checks thereon as man- ager, this was not sufficient proof of such a usage or practice to warrant the conclusion that he was impliedly empowered to act generally for the oorporation in Montana. Nor do the facts presented tend to show that Pitner, the president, had either an express or an implied authority to del^ate to any one else the general power intrusted to him, or that he could appoint a subagent to act in his place in the exercise of these powers. In the absence of such authority from his principal, he was power- less to make such a substitution. The evidence does not tend to show that ho made any attempt to do so. While all this is true, however, a principal may, either expressly or impliedly, by acquiescencd and consent, and by accepting and retaining the benefits with knowledge, ratify and adopt as his ow^n a contract made in his behalf by a person who had no authority to act for him in the first instance, and thus become bound to perform all the duties and obligations which arise out of the transaction. A corporation is governed by the same principles. It may formally ratify through its board of directors an un- authorized act of this nature done in its behalf, provided the 26 Mont] Tbbnt bt ai. v. Shebi^oc^. 89 act i8 not beyond its powers conferred by charter, or prohibited by law. It may also, by an acceptance or retention of the bene- fits derived from the transaction, after notice, become bouid to perform all the obligations arising therefrom. So, by acqui- escence with full knowledge through its authorized agents of the character of the act in question, it will be held to have ac- cepted and ratified it. It can act only through agents, and no- tice to the agent of matters falling within the scope of hi& authorized duties is notice to the corporation. The evidence in the case at bar tending to show that the president, Pitner, had or should have had knowledge of the <^aracter of the contract entered into by Franklin, was suffi- <sient to go to the jury. He refused to enter into the contract himself; but the evidence has a tendency to show that he re- ferred Trent to Franklin, with the statement that the latter had authority to make it. It also ap{$ears from the testimony of Trent that he told Pitner that he had obtained a bill of sale of the Bryan Mills that Pitner knew of the character of the trans- action, but refused to be informed of the particulars, and did not want it known that he knew anything of the matter. Be- sides, on the next day he went with Franklin and Trent to Basin, and was there at the time Trent says he took possession of the mills. True, Pitner was called by plaintiff to testify, and denied all knowledge of the transaction until long after the defendant had made the levy. Still, it was for the jury to determine whether Trent or Pitner told the truth. If Trent's statements were to be taken as true, then Pitner knew or should have known that Franklin had undertaken to bind the corpo- ration ; and it was his duty, under the circumstances, to repu- diate the transaction, and thus prevent his principal from be- ing bound. He may not be permitted to say that he or the principal had no knowledge of the character of the contract and its purpose, while all the circumstances tend to show that he was put upon inquiry, and that it was his duty to inform lumself . • In what we have just said touching the authority of Pitner 90 Tbbnt bt al. v. Sherlock. [Oct T,'01 to act generally for the corporation in Montana, we have pro- ceeded upon the assumption that the nature of his duties im- plied plenary power to do all the corporation could do in the conduct of its business. From the by-laws of the corporation, which were introduced in evidence by the defendant, it appears that he had express authority to sell and mortgage the property of the corporation, as well as to make all contracts for the sale or purchase of real estate, mining property, machinery, sup- plies, etc., but no power of substitution was given him. There- fore, even had it been error to admit the contract in the first instance, on the ground that Pitner had no authority to enter into it, and therefore had no power to ratify it, this evidence would have cured such error, and the defendant would have had no groimd to complain of the ruling. Counsel for respondents contend that the defendant in this case should not be heard to question the validity of the contract, for the reason that it was, at most, only voidable, and, being voidable only, no person other than the corporation itself could question its validity. In support of this view they cite the fol- lowing authorities: Eureka Iron and Steel Wori^s v. Bresnor han, 60 Mich. 332, 27 N. W. 524 ; Gordon v. Preston, 1 Watts, 385, 26 Am. Dec. 75 ; Manhattan Hardware Co. v. Phalen, 128 Pa. St, 110, 18 Atl. 428. With this view, however, we do not agree. From an examination of these cases, it appears that in each instance the contract involved was upon its face executed on behalf of the corporation by the proper officer, and that it had been ratifies! by the corporation by acquiescence and reten- tion of the benefits derived from it Wo arc unable to distin- guish between the act of a stranger and the act of a person who is an agent for another, but unauthorized to do the act in question on behalf of the latter. So far as it would affect the rights of the principal, or those of any other person than the agent himself, the attempt to bind the principal would be nuga- tory in each instance. If, for instance. A., a stranger, attempts to sell and deliver to C. the personal property of B., assuming to act as the agent of B., and, before B. has any knowledge of 26 Mont] Trent £t al. v. Sherlock. 91 the transaction^ D.^ a creditor of B., levies upon such personal property in the hands of C. ; could it, on principle, be said that C, the purchaser, had acquired such rights in the property as to enable him to defeat the lawful claims of D. ? In our opin- ion the contract, as a contract entered into on behalf of the putative 'principal, has no binding force upon any person, ^fx- c©P^> by way of estoppel upon the would-be agent, until such putative principal has been infc^rmed of it and has either ex- pressly or impliedly ratified it; and all persons dealing with the property prior to such ratification acquire the same rights therein as if the agent had not attempted to act A contract made for his principal by an agent, but Entirely \vithout the scope of his authority, is no more binding, until ratification, than if made by a stranger. For the reasons stated, the conclusion reached in the former opinion upon the first point decided must therefore be modi- fied in accordance with the views now expressed; but we still think that the court committed prejudicial error in refusing llie requested instruction. The defendant was entitled to have the jury cautioned that. they should not consider thf> contract as prima facie the act of the corporation, — ^in other words, that there was no presumption in favor of it because it purported on its face to be executed by Franklin on behalf of the corpora- tion. The judgment and order are reversed, and the cause is re- manded for a new trial. Reversed and remanded. ^2 Beer v. Lienbhan bt ai.. [Oct T/01 BEER, Respondknt, v. LIENEMAX et al.. Appellants. (No. 1.875.) (Submitted November 18, 1901. Decided NoTember 18, 1901.) Appeal — Rules of the Supreme Court — Briefs — Affirmance of Judgment. "Where appellant's brief fails to comply with the requirements of Subdlyision 3 of Rule X of the Supreme Court, the judgment appealed from will be affirmed. Appeal from District Court, Silver Bow County; John Lind- say, Judge, Action by Samson Beer against Louis Lieneman and Charles Schmidt. From a judgment in favor of the plaintiff and an order denying a new trial, the defendants appeal. Affirmed. Mr. Jam^s W. Forbis, for Appellants. Messrs. McBride £ McBride, for Respondent. MR. JUSTICE PIGOTT delivered the opinion of the court. These are appeals from a final judgment and an order deny- ing a new trial entered in the district court of Silver Bow <?ounty. The cause was submitted by the appellants on brief, examination of which discloses that it fails to comply with Subdivision 3 of Rule X of this court (22 Mont, xxxiv, 57 Pac. vii). It does not refer to the page numbers in the transcript; it does not contain any specification of error ; nor does it even attempt to state from what either appeal was taken. Such being the condition of the brief, the judgment and order appealed from must be affirmed upon the authority of Harrington v. Smith, 26 Montana, 111, 63 Pacific Reporter, 1036. The judgment and order appealed from are therefore af- firmed. Affirmed. 26 Mont] Hughes v. Goodale. 9^ HUGHES, Appelulnt, v. GOODALE, Respondent. (No. 1,367.) (Submitted November 13, 1901. Decided November 25, 1901.) Gvardian and Wao'd — Sale of Real Estate — Special Bond — Omission — Validity of Sale — Judgments — Sureties. 1. Probate Practice Act, Sec. 387, Compiled Statutes 1887, provides that a. suardlan authorised to sell real estate must, before the sale, give bond to- a probate Judge to sell th^ same in the manner and to account for the pro- ceeds of the sale as provided for in the chapter. Held, that a sale by a guardian duly appointed and qualified, but who omitted to give the special bond required, was not void. 2. Quaere: Whether, under the Probate Practice Act, Compiled Statutes 1887,. an executor, administrator or guardian is required in every case to give a special bona before making sales of real estate. 3. Sureties on the general bond of a guardian are liable for any loss which the ward may sulfer by reas<Mi of the default of the guardian with respect to the proceeds of sales of real estate. 4. Tho orders and Judgments of a court may be voidable for error or irregu- larity, but such error or irregnlarity does not of itself avoid such orders, or Judgments. Appeal from District Court, Silver Bow County; Willia/mf Clancy, Judge, Proceedings by Mary E. Hughes against Charles W. Good- ale^ as guardian of Francis Arthur Linforth and Geraldine Linforth. From a judgment for defendaant^ plaintiff appeals^ Reveirsed. Statement of the Case. This cause was submitted to the court below upon an agreed statement showing the following facts: By an order of the district court of Silver Bow County the defendant was duly ap- pointed guardian of the estates of Francis Arthur Linforth and Geraldine Linforth, minors. Having filed the bond re- quired to be given by Section 358 of the Probate Practice Act, Compiled Statutes of 1887, and having taken the oath pre- scribed by law, letters of guardianship were issued to him on 94 Hughes v. Goodalb. [Oct. T.'Ol the 18th day of November, 1890, since which time he has been, and now is, the qualified and acting guardian. On the 16th day of November, 1893, the district court duly ordered the guardian to sell certain lands owned by his wards in the county of Silver Bow. In pursuance of the order, and on the 4th day of February, 1894, the defendant as guardian sold the lands to the plaintiff for the sum of $1,850. On February 28, 1894, the court approved and confirmed the sale, whereupon the property was conveyed by deed to the plaintiff. Before the sale the guardian omitted to give the special bond required by Section 387 of the Probate Practice Act, Compiled Statutes of 1887, and has never given the bond provided for therein. The guardian and his wards threatened and intended to bring an action for the purpose of ejecting the plaintiff from the pos- session of the property, and to obtain a decree declaring the plaintiff to have no title thereto. The parties prayed the court to adjudge from these facts whether the plaintiff was the owner in fee simple of the real estate in question as against the de- fendant and his wards, and whether the omission of the guar- dian to give the special sale bond constitutes a cloud upon the plaintiff's title. The court below decided that the omission of the guardian to give the bond before the sale rendered the sale null and void so far as the infants were concerned, and that no title passed from them, and that the plaintiff is not the owner of the property. From a judgment entered in accordance with the views of the court below, the plaintiff prosecutes this appeal. Mr. H, Lowndes Maury, for Appellant. Mr. WUliam D. Burha<)e, for Respondent MR. JUSTICE PIGOTT, after stating the case, delivered the opinion of the court. The single question arising upon the agreed statement is whether the omission of the guardian to give a special bond before the sale invalidated the sale authorized by the order. 26 Mont] Hughes v. Goodale. 95 Both parties assume that the provisions of Section 387 of the Probate Practice Act, Compiled Statutes of 1887, require such a bond to be given whenever the sale of a ward's real estate is directed to be made. Before proceeding to consider the argu- ments of counsel based upon this assumption, we deem it not improper to suggest a possible solution of the ultimate question upon a ground not discussed by counsel. It might be argued, with plausibility at least, that Section 387 does not require a sale bond to be given in all cases. This section provides that "every guardian, authorized to sell real estate must, before the sale, give bond to the probate judge [district judge], with suffi- cient surety, to be approved by him, with conditions to sell the same in the manner, and to account for the proceeds of the sale, as provided for in this chapter and Chapter VII of this title.'* Section 388 provides that "all the proceedings under the petitions of guardians for sales of property of their wards, making orders, rejecting or confirming sales, and reports of sales, ordering and making conveyances of property sold, ac- counting and the settlements of accounts, must be had and made as required by the provisions of this title concerning estates of decedents, unless otherwise specially provided in this chapter." Section 407 declares that the provisions relative to estates of decedents, so far as they pertain to the practice in the probate or district court, apply to proceedings touching estates of minors under guardianship. Now, Section 76 of Chapter III, of the title referred to in Section 388, supra, after imposing upon the district judge the duty to require an additional bond whenever the sale of lands belonging to a decedent is ordered, proceeds: "But no such additional bond must be required when it sat- isfactorily appears to the court that the penalty of the bond given before receiving letters, or of any bond given in the place thereof, is equal to twice the value of the personal property remaining in, or that will come into, the possession of the executor or administrator, including the annual rents, profits, and issues of real estate, and twice the probable amount to be realized on the sale of the real estate to be sold." If Section 96 Hughes v. Qoodau:, [Oct T/01 387 is to be read with and interpreted in the light of Section 76, a special bond need not be required of a guardian when, in the opinion of the court, the penal sum mentioned in his general bond is sufficiently lai^e to cover the items enumerated in Section 76, and affords ample security to the waid for the proceeds of the intended sale. If this theory be correct, "it is not otherwise specially provided" in the chapter relating to guardians that they must always give a bond before making sales of real estate ; hence in the case at bar the guardian was under no obligation, so far as the record discloses, to furnish a special bond, for the presiunption that the court below prop- erly refrained from requiring a special bond must be indulged. We merely mention this as a possibly correct construction of the statutes. Counsel have not suggested it and we do not de- cide that the theory advanced is the correct one, nor intimate an opinion upon it, its determination being unnecessary to a decision. For the purposes of this appeal we shall treat Section 387 as unaffected in this regard by Section 76. The contention of counsel for the defendant is that Section 387 requires a guardian to give a special bond in every case, that the provision is mandatory, and that an omission so to do renders the sale void. Counsel for the plaintiff insists that the requirement is directory only. The question presented is one of first impression in this court. In Power v. Lenoir, 22 Montana 169, 56 Pacific Reporter 106, it was held that the giving of the general bond required by a guardian by Section 358 of the Probate Practice Act> Compiled Statutes of 1887, is indispensable to the validity of his acts so far as the rights of the ward are concerned, the section pro- viding that "before the order appointing any person guardian under this chapter takes effect, and before letters issue, the judge must require of such person a bond to the minor, with sufficient sureties, to be approved by the judge, and in such sum as he shall order, conditioned that the guardian will faith- fully execute the duties of his trust according to law ; and the tollowing conditions shall form a part of such bond without 26 Mont.] Hughes v. Goodals. 97 being expressed therein: First. To make an inventory of all the estate, real and personal, of his ward, tliat comes to his possession or knowledge, and to return the same within such time as the judge may order. Second. To dispose of and man- age the estate according to law and for the best interest of the ward, and faithfully to discharge his trust in relation thereto, and also in relation to the care, custody, and education of the ward. Third. To render an account, on oath, of the property, estate, and moneys of the ward in his hands, and all proceeds or interest derived therefrom, and of the management and dis- position of the same, within three months after his appointment, and at such other times as the court directs, and at the expira- tion of his trust to settle his accounts with the probate judge, or with the ward, if he be of full age, or his legal representa- tives, and to pay over and deliver all the estate, moneys and effects remaining in his hands, or due from him on such settle- ment, to the person or persons who are la\vf ully entitled there- to. Upon filing the bond, duly approved, letters of guardian- ship must issue to the person appointed. In form the letters of guardianship must be substantially the same as letters of administration, an4 the oath of the guardian must be endorsed thereon, that he will perform the duties of his office as such guardian according to law." In that case we said: "Section 358 of our probate law plainly and positively provides that^ before the order appointing any person guardian takes effect, and before letters issue, the judge must require of such person a bond to the minor, with sufficient sureties. The intention of the legislature could hardly have been more plainly manifested. From the other sections of the statute cited supra, it appears that it did not even deem it wise to allow the parent to relieve the guardian of this duty by testamentary direction ; for, though a provision is made recognizing the right of parents to select by Avill the person to whom they wish to intrust the care of their children and their estates (Section 351, supra) y yet it re- quires such person so selected (Section 362) to give bond and qualify as other guardians. It is not, therefore, the recognition Vol XXVI-7 98 HuoHKs V. QooDAM. [Oct T/01 by any court of tiie relation of guardian and ward that gives it validity, but the fact that the relation has been properly es- tablished by a complance with the requirements of the law. A person who purchases the property of a minor, or who sed^s to devest him of title to his property, will not be heard to say that the minor is estopped and concluded by the irresponsible acts and doings of some person who has presumed to act as his guardian without first giving the minor the protection and security the law requires for him. * * * The latter [the ward] is, so to speak, the special favorite of the courts, and the courts will always see that his rights are protected.'' The de- cision was that the order appointing a guardian is without .effect unless and imtil the bond required by Section 358 shall have been given. Section 75 of the Probate Practice Act, Com- piled Statutes of 1887, requires that "every person to whom letters testamentary or of administration are directed to issue must, before receiving them," execute a bond. In In re Crair gWs Estate, 24: Montana 37 (60 Pac. 495), we intimated, by way of argument, that the failure of the person appointed ad- ministrator to give a bond does not ordinarily or usually ren- der void the letters of administration issued to him. It is proper to observe that Section 75 requires a person to whom let- ters are directed to issue, to execute a bond before receiving them, but does not declare that the order is ineffectual unless the bond be given. The decision in the Craigie Case was to the effect that the failure of & public administrator who had duly qualified by giving bond and taking oath, to file an additional bond required by the district judge as further security for die interest of an estate in his hands, did not, ipso facto, create a vacancy in the office of public administrator, although the stat- ute declared that upon failure of any public administrator to give such bond as might be required by a probate judge, his office should become vacant. ^NTeither of these cases announces a rule whi<ji must govern the decision of the case at bar. If the omission to give a sale bond was sufficient to deprive the court of jurisdiction, the judgment must be affirmed; in 26 Mont] HuQHJEs v. Goodalb. 99 otker words, if the order of sale was inivalidated by the omission to give a special bond, then by the sale the plaintiff took no title as against the minors. If, npon the other hand, the court was clothed with jurisdiction to make the order of sale, and the omission to give the special bond did not deprive the order of its legal force, then the plaintiff by virtue of the confirmation of the sale, followed by the deed of conveyance, acquired all the title which the minors had to the property. The orders and judgments of a court within its jurisdiction may be voidable for error or irregularity, but such error or irregularity does not, of itself, avoid the orders or judgments. This rule applies to courts of general common-law jurisdiction, to courts of equity, and to inferior courts of limited powers; it is applicable to all courts alike. Whenever it appears that the act done^ the order made, or the judgment rendered was within the scope of the power conferred, juirisdiction must be admitted, and, unless that jurisdiction is shown to have heeii lost, the act, order, or judgment cannot be characterized as a nullity. Did the omission of the guardiaa to give a special bond render ineffectual the order of sale nnd the confirmation, there- of, thereby depriving the oonrt of jurisdiction in the premises ? That the defendant was the duly appointed, qualified and act- ing guardian is conceded; it must be presumed tiiat upon a proper petition and after a hearing the court ordered the guard- ian to sell the lands of his wards ; in pursuance of that order tlie sale was made and confirmed ; a deed of coisveyance was liiereupon duly executed by the guardian and delivered to the plaintiff. That the district ooutt had ;furisdietion of the class of eases or proceedings to which the on^ at bar belongs, and therefore of the subject-matter of this proceeding, and had jurisdiction of the persons of the wards, is also conceded. Its jurisdiction was r^ularly invoked. In making the order of sale its jurisdiction was dufy exercised. As we have said, the sale was not \roid unless the omission to give a special bond rendered .the order of sale ineffectual; that is to say, unless the court lost jurisdiction of the subject-matter by the failure of 100 HUGHKB V. QOODALB. [Oct T/01 the guardian to execute a special sale bond, the plaintiff by the sale acquired title to the lands. No mere irr^ularity, how- ever great, can avail the defendant or his wards in such an attack as is here made. Such defect or irregularity cannot bo inquired into by means of a collateral action. The object sought to be attained by Section 387 is the pro- tection of the financial interests of the ward. For any loss which a decedent's estate may suffer by reason of the failure of an administrator properly to account for and pay over the pro- ceeds of a sale of land, the sureties on his general bond are certainly answerable. This appears by Sections 75 and 76, supra, and we perceive no reason why, under the statutes of Montana, any different rule should be applied to sureties on the general bond of a guardian. By Section 358 the guardian must execute to the minor a bond with sufficient sureties in such sum as the judge may order, conditioned for the faithful per- formance of his trust according to law. As appears from the quotation hereinbefore made, the following implied conditions form a part of the bond: ^'Second. To dispose of and manage: the estate according to law and for the best interest of the ward,- and faithfully to dischai^ his trust in relation thereto, and also in relation to the care, custody, and education of the ward. Third. To render an account, on oath, of the property, estate, and moneys of the ward in his hands, and all proceeds or in- terest derived thereform, and of the management and disposi- tion of the same, within three months after his appointment^ and at such other times as the court directs, and at the expira- tion of his trust to settle his accounts with the probate judge, or with the ward, if he be of full age, or his legal representa- tives, and to pay over and deliver all the estete, moneys, and effects remaining in his hands, or due from him on such settle- ment, to the person or persons who are lawfully entitled there- to." Among the po\vers and duties of the guardian are the following: To pay all debts of the ward out of his personal estate and the income of his real estate, but, if these sources are insufficient, then out of his real estate, upon obtaining an 26 Mont.] Hughes v. Qoodai^b. 4.01 order for its sale, ^'and disposing of the same in the manner provided in this title for the sale of reaV estate of decedents." (Section 367) ; he must, if the income and profits of the estate be insufHcient for the purposes, sell the real estate of his ward upon obtaining an order of the court therefor, and apply so mucb of the proceeds as may be necessary to the maintenance and support of the ward and his family (Section 369) ; and to sell the ward's real estate when it appears for the benefit of the ward to do so, and put the pi-oceeds out at interest or other- wdse reinvest the same (Section 377). These powers are con- ferred and these correlative duties are imposed upon guardians generally, to be exercised and performed whenever the condi- tions contemplated by the statute arise; in brief, whenever it appears either necessary or for the benefit of the ward that his real estate or some part of it should be sold, the court may grant an order therefor. (Section 386.) To obtain an order to sell, to sell and to accoimt for the avails of the sale ordered, is one of the general duties of the guardian. We think the sureties on such bond of the guardian are liable for any loss which the ward may suffer by reason of the guardian's failure faithfully to execute the duties of his trust, among which are those per- taining to sal^ of real estate, and that they are, consequently, liable for his default with respect to the proceeds of such sales. Section 402 of the Probate Practice Act, Compiled Statutes of 1887, authorizes the judge to require a new bond to be given by a guardian whenever he deems it necessary. He may at any time, even after sale, require a new or additional bond. These provisions illustrate the design and show the intention of the legislative assembly in enacting Section 387. This section pro- vides no penalty for the omission to require or give a special bond, nor does it declare that the order of sale depends upon the performance of such a condition subsequent Nowhere does the statute declare that if a special bond be not given the sale shall not be made, or, if made^ shall be void. It is not pro- vided that the order of sale becomes effective onlv when such special bond is given. In Stewart v. Bailey, 28 Michigan Re- 102 Huo^ra V. QooDAi^. [Oct. T.'Ol pQrts 251^ th^ 3tittui6 required a special sale IxmuI and prowii&l that in ease of an aetion rating to any estate sold by a gu^- ian in which t^e ward should contest the validity of the sale, the sale should not he avoided on account of any irregularity in the proceedings, provided it should appear, among other things, that the guardian gave a special sale bond. This was tantamount to declaring a sale made without bond to be void- able in such an action, an4 the court so held. The same stat- utes governed the decision in Ryder v. Flanders, 30 Michigan Reports, 336. The interpretation of similar statutes was in- volved in McKeever v. Ball, 71 Indiana Reports, 398 ; Weld v. Johmo7i Marmfactw^ng Campaupy, 84 Wisconsin Reports, 537, (54 N. W. 335, 998) ; in Bachelor v. Korb, 58 Nebraska Re ports, 122, (78 N. W. 485, 76 Am. St Rep. 70) ; and in Oold- smith V. GUliUmd (C. C), 23 Federal Reporter, 645. In Barbers Admirdjsiraiors v. Hopewell (Ky.), 1 Metcalfe, 2W, the statute in force provided that if the guardian failed to give the special bond the sale should not be made, and "any daer^^, sale, or conveyance thereof shall be void ;" and the oourt held that a sale of lands without giving tbe special bond rendered the sale a nullity as to the ward. These decisions, owing to the difference between our statutes and those under whioh thev were rendered, are not in pwnt Other casas seemingly in favor of the def aidant's position may readily be distinguished; for example, Williams v. Mortoii, 38 Maine Reports, 47 (61 Am. Dec. 229), holds that a conveyance of land by the guardian of a ward, under order of a court of probate, vests no title in the grantee unless the guardian shall have given the sale bond re- quired by statute ; but the court so held for the reason that in Maine the general bond of the guardian did not stand as se- curity for the proper application of the proceeds of a sale of real estate. Such was the condition, likewise, in Vanderburg V. Williamson, 52 Mississippi Reports, 233. This is also the basis of the decision in Lyman v. Conkey (Mass.), 1 Metcalf, 317. We are of the opinion that the omission of the oourt to r9- 26 Mont] Hughes v. GoodaubI lOu quire and of the guardian to give the special sale bond in the case at bar was a mere irregularity in no wise affecting or im- pairing the jurisdiction of the court which ordered and con- firmed the sale. As has already been said, the general bond of the guardian stands as security for the proper application of the proceeds of the sale; the court was clothed with power to ^itertain the petition praying for the sale ; it had jurisdiction of the subjectrraatter and of the parties ; it made the order of sale; the property was sold, the sale was confirmed, and a con- veyance executed. The statute omits to denounce as void, for want of a special bond, a sale made pursuant to such an order. The sale was not void. Many cases support this conclusion. In Palmer v. Oakley, 2 Douglass, 433 (47 Am. Dec. 41), the following language is used: ^^The last objection to the regu- larity of the proceedings by the guairdian in conducting the sale is, that the notice of sale given was insufficient, and was given before the bond was executed. The statute requires that, before making sale of any real estate by a guardian, a bond shall be given with sureties, and thirty days' notice of the in- tended sale. An oath is also required. The requirement in re- spect to the bond and notice is contained in a proviso, and may be considered as a limitation or restriction upon the authority to sell. But does the neglect on the part of the guardian to comply with these several provisions of the statute render the sale absolutely void, and can it affect the rights of an innocent bona fide purchaser, claiming through the decree authorizing the sale? I think tlie rights of such a purchaser, especially after the lapse of so many years, are not to be disturbed in consequence of the failure of the guardian to perform acts in pais subsequent to the decree of sale. The acts of the guardian are, in legal contemplation, the acts of the ward, whom he represents; and it cannot now be permitted to the warf to come in and allege the nonfeasance of his guardian, to disturb a title derived from him through such, his l^ally constituted, representative. All that a purchaser at judicial sale is bound to look to with a view to his protection is to see that the court 104 Hughes v. Goodals. [Oct T.^Ol by wham the sale was authorized was empowered to make the deoree. If the court had the power, the failure of the guardian, as in this case, to. fulfill certain directions which the law im- posed on her, should not and cannot prejudice the rights ac- quired by such purchaser. If the ward is prejudiced by any n^lect on the part of the guardian in the execution of the trust reposed in her, his remedy is upon her bond. It never could have been contemplated by the legislature that the validity of a sale should be made to depend upon the observance of those provisions of the law, which are in their nature directory to the guardian. If such a rule were to obtain, but fe^;^'^ purchasers would be found at judicial sales; for but few would incur the hazard of purchasing and paying their money when the pur- chase so made may, at the distance of ten or fifteen years, be held void, in consequence of a noncompliance by a guaydia-n with the lequisitions of the statute. Such a rule would also operate injuriously on the ward, as upon every sale made the purchaser would take into account the hazard he incurs. The best interests of infants require that no unneoessary obstacles should be thrown in the way of obtaining the best possible price f oi" their estates when soli If a wrong is done them by their guardians, they have a full and ample remedy. In the case of PerJciivs v. Fairfield, 11 Mass. 227, it was held that a failure by an administrator to give the bond required by the act of Massachusetts of 1783 before the sale of real estate of his in- testate would not invalidate a title derived through such ad- ministrator." In Bunce v. Bunce, 59 Iowa Reports, 533 (18 N. W. 705), the court said: "The remaining objections — ^the ^\ant of a sale bond, and the alleged want of approval of the sale — ^may be considered together. The statute provided that, before a sale can be executed, the guardian must give, security. (Revision, Sec. 2556.) The statute also required that the sale must be approved. (Id. Sec. 2558.) In the absence of a sale bond, it would doubtless be error to approve the sale; but, where jurisdiction has attached, and the sale has been approved, it cannot, we think, be successfully attacked in n collateral pro- :36 Mont.] Hughes v. Goodaub. lOH Hseeding by alleging the want of a sale bond. The question raised must be deemed to have been passed on^ and whether eorrectly or incorrectly, the court cannot^ we think, in a col- lateral action, inquire/' This was approved in Hamiel v. Dan- nelly, 75 Iowa Reports, 98 (89 K W. 210). The same doctrine or principle is announced in Perkins v. Fairfield^ 11 Massa- chusetts Reports, 227 ; Lockhart v. John, 7 Pennsylvania State Reports, 137; Merklein v. Trapnell, 34 Pennsylvania State Reports, 42, (75 Am. Dec 634) ; Dixey's Executors v. Laat- ing, 49 Pennsylvania State Reports, 143 ; Foster v. Birch, 14 Indiana Reix)rt8, ' 445 ; Dequindre v. Willia/ms, 31 In- diana Reports, 444. In Arrowsmith v. Harmonvng, 42 Ohio State Reports, 254, the court, in approv- ing Mavarr v. Parrish, 26 Ohio State Reports, 636, said : "The decision in Mauarr v. Parrish was right. The probate court had jurisdiction of the subject-matter, — i. c. it Was clothed with authority to order the sale of the lands of a minor on the petition of his guardian; and it is fair to say from the record that notice of filing the petition, provided for by the statute, had been served on the minor, before any order was made in the proceeding, in the manner in such statute pro- vided ; and hence, when the order of sale was made, and also when the sale was confirmed, the probate court had not only jurisdiction of the subject-matter, but also the parties. This being true, the order of sale and the order of confirmation, al- though they may have been erroneous, were not void. The judgment or final order of a court having jurisdiction of the -subjectrmatter and parties, however erroneous, irregular, or in- formal such judgment or order may be, is valid until reversed or set aside, * * within which rule the orders of pro- late courts are classed. (Shroyer v. Richmond, 16 Ohio St. 455.) If the judgment or order is erroneous, it may be re- versed; if it is irregular or informal, it may be corrected on motion ; in neither case, however, is it subject to collateral at- tack.' (Wehrle v. Wehrle, 39 Ohio St 365.) True, Mauarr v. Parrish is very briefly reported on the question we are consider- 106 Hughes v. Goodaub: [Oct T/01 ing. But the strength of an opinion is not to be determiaed from its length. Frequently cases are disposed of by the appli- cation of principles so firmly settled that the citation of authori- ties in support of them would be a work of supererogation. The judge delivering the opinion in Ma/uarr v. Paarish probably thought the case belonged to that class, and hence the brevity of the report; but the ground of the decision is clearly indi- cated,— ^that is, that, the court having jurisdiction of the sub- ject-matter and parties, the order of sale and the order of con- firmation, though they may have been erroneous, wetre not void> — and that is suflScient. The record and a brief on each side of the case have remained on file in this court, and we have iit> doubt that the question received the careful consideration, as in its decision, in the way stated, it received the concurrence^ of every member of this court. And althou^ cases in apparent opposition to MoAwa^r v. Paarish have been cited, yet nearly aU of them ar^ clearly distinguishable from it^ when regard is had to the statutes on which they were based ; and Mmwrr v. Ptur- risk is fully supported by Watts v. Cook, 24 Kan. 278 ; Bunce V. Bunce, 59 Iowa 533, 13 K W. 705 ; Lockhart v. John., 7 Pa. St. 137 ; Merhlem v. Trapnell, 30 Pa. St. 42 ; Appeal of Thorn, 35 Pa. St 47; Dixcys Ex'rs v. Lamng, 49 Pa. St 143." Watts V. Cooky 24 Kansas Reports 278, is also directly in point. The statute of Kansas (Comp. Laws 1879, c. 46. Sec. 15) provided that before any guardian's sale of lands "can be made or executed, the guardian must give security to the satisfaction of the court, the penalty of which shall be at least double the value of the property to be sold, * * * condi- tioned that he will faithfully perform his duties in that respect^ and account for and apply all moneys received by him under the direction of the court" It was said (Mr. Justice Brewer, Mr. Chief Justice Horton, and Mr. Justice Valentine, compos- ing the court) : "The authorities differ as to the validity of guardians' sales in the absence of security. Some hold such sales void (WUliams v. Morton, 38 Me. 47, 61 Am. Dec. 229), and others merely erroneous (Lockhart v. John, 7 Pa. St. 187 ; 36 Mont] State v. Wiutwohth. 107 Perkins v. Fairfield, 11 Mass. 227 ; Foster v. Birch, 14 Ind- 445). We are inclined to believe the latter the true rule. Pro- bate courts should cautiously obserye the provisions of the sec- tion quoted, and are greatly negligent in permitting sales on mortgages by guardians without security ; yet we cannot hold fhat the failure to give security deprives the court of jurisdic- tion. It is an error of a court having competent and full juris- diction, subject to reversal or avoidance by due proceedings. The absence of the security did not render the proceedings void, but only irregular." This case was approved in Howbert v. Heyle, 47 Kansas Reports 58 (27 Pac 116), although the judge writing the opinion entertained the view that the decision in Mauarr v. Parrish was against the great weight of authority. We are satisfied, upon region as well as by the wei^t of authority, that the provisions of Section 367 are directory, and hence that the sale was not void because the guardian omitted to give the special bond required thereby. The judgment must ther^ore be reversed and the cause remanded with directions to the court below to render judgment in favor of the plaintiff, and it is so ordered. Reversed and remanded. STATE, Eespondent, i'. WHITWORTH, Appeli-ant. m (No. 1,686.) (Sabmltted October 3, 1901. Decided November 25, 1901.) Criminal Law — Homicide — ProsectUion — Assistant Counsel — County Attorney — Evidence — Threats — Requested Instruc- tions. 2ft 1071 26 m\ 26 107 35 407 PpUtl^ Cpd^, 0€cs. 481 8\| 4319, providing tb»t county ofl)cers, except county commissioners and Justices of the peace, may ax»point necessary deyvUss for tM Vf^m^Vi discharge of the dvties of tbe offices, bave no a^yU- 108 State v. Whitworth. [Oct T/01 cation to the appointment by the court of counsel to assist a county attor- ney in prosecuting persons charged with crime. 12. Where a criminal cause is remoyed to another county, the attorney of the county to which the cause is removed must prosecute it. 3. The statutes declaring who shall be charged with the duty of prosecuting persons charged with crime does not exclude power in the court to appoint counsel from members of the bar to assist in the prosecution. 4. In trial for murder it appeared that deceased had threatened to kill *any Missourian m the employ of V. who undertook to move hay on High Tower ranch," and had made other threats against Missourians so employed, and that defendant was a Missourian, and employed on said ranch; but the evidence also showed that at the time defendant struck the fatal blow he was not in immediate danger, but that he went up to deceased, who was standing in a threatening attitude over a friend of defendant, who was not shown to be a Missourian, and who was on top of, and was fighting with, a friend of the deceased. Held, that- it was not error to refuse to instruct that the jury should take such threats into consideration in deter- mining the nature of the attack made on defendant's friend, and what was the purpose of deceased and his friend in making such attack. 5. A court should not be captious or hypercritical and refuse an important requested instruction solely on the ground of verbal inaccuracy ; still it Is not the duty of the court to undertake, in all cases, the labor necessary to prepare and rewrite defective requested instructions which if correctly stateu might well be given in the charge. Mii. Justice Pioott dissenting in part. Appeal from Distill Court, Broadtvater Cowniy; F, K, Armr strong. Judge. William Whitworth was convicted of manslaughter, and appeals. Affirmed. Mr. William \yallace, Jr., for Appellant I. What county attorney prosecutes in Broadwater county? Section 1978, Penal Code, on removal, says the case must pro- ceed to trial and judgment as if begun there. Laws of 1899 (amending Section 4450 Political Code) say each county at- tx)mey must attend the district court, conduct all proceedings at all times and at all places vniMn his cowrUy. The italicised language represents one of the features accomplished by the amendment as shown by an examination of the original section. Under Section 1981, if removed as to part of defendants, dif- ferent county attorneys would try. Where as here the duties 26 Mont] State v. Whitworth. 109 of the officer are limited to his county or district, so are his rights; and where a case is transferred out of his county he doee not follow it (f/. 8. v. Winston^ 170 U. S. 522, 42 Oj- Op. Ed. 1131.) That a diflFerent practice has prevailed un- challenged can cut no figure, when the question is raised and the law plain. (Modoc Co. v. Spevtcer, 103 Cal. 498, 37 Pac. 483, 484.) II. May the court pennit a private attorney to represent the state in prosecuting a criminal charge? The following authorities hold that this may not be done: Bunnell v. State, 71 Wis. 444 ; Modoc Co. V. Spencer, 103 Cal. 498, 37 Pac. 484 ; People v. Hurst, 41 Mich. 328, 1 ^J". W. 1027 ; People v. Hendryx, 5S Mich. 319 'yMeister v. People, 31 Mich. 99 ; Commonwealth v. Knappf 10 Pickering 477, 482; Com^monwealth v. Williams^ 2 Gushing 682, 584; ComAnummealth v. Oibhs et al., 4 Gray 146; ConvmanweMJi v. Kmgy 8 Gray 501. Special statutes in some states authorize employment of private special counsel — in Iowa, by board of county commissioners (Hopkins v. Clayton Co., 32 Iowa 15) ; in Kentucky, by the attorney gen- eral (Hendrick v. Posey et al., 45 S. W. 525) ; in Nebraska, by the district attorney (8a/nds v. Frost Co.,' 4:2 Neb. 837). The same in Pennsylvania (Com. v. Shire, 178 Pa. St 409). By Subdivision 7 of Section 460 of the Political C!ode, the atComey general is required to assist the county attorney when required by the public service or when directed by the gov- ernor. And Sections 4318 and 4319, Political Code, provide fot the appointment by the county attorney, himself, in writ- ing, of an assistant, subject to allowance by the board of county commissioners. It would seem clear that our statutes are framed on the theory that public oflScers alone shall prosecute for crime aind th^t the county attorney of the trial county shall act in person, or by authorized assistant, duly appointed ; and that emergencies are provided for by authorizing the incoming 110 State v. Whitwoeth. [Oct T.'Ol of the attorney general as needed. It is not intended to deny the inherent power of a court, finding itself without a prose- cuting officer, to supply one temporarily, but no such question as that is here presented, because the county attorney was in court, had been conducting other business, — only said he was not feeling well, in his own affidavit^ and actually remained and prosecuted the case. A^ to the instructions, the following principles are laid down; (a) "It is the right of the parties to have the jury in- structed on the law applicable to the case clearly arid pointedly, so as to leave no reasonable ground foi^ misapprehension or mis- take. And it is the dvJty of the judge when requested to give in the charge any requested instruction which is correct, as a proposition of law, and applicable to the issues.'' {People v. Jacks, 42 X. W. 1135 ; Pwrher et al v. State, 35 K E. 1105, 1108; People v. Taylor, 36 Cal. 256, 266; 11 Enc. PL & Pr. p. 213, 214 and cases.) As especially applicable to this kind of case see also : People v. Payne, 8 Cal. 348, 344 ; Tovmsend v. Briggs, 34 Pac. 117. The court must correct inaccuracies in offered instructions and charge on the pi^positions embodied. {Connors v. State, 2 N. W. 1143.) (b) The charge as given must cover every phase of the evidence. (11 Enc. PI. & Pr. 191, 193, and cases; Perry v. State, 44 Tex. 478, referred to; Martin v. The State, 47 Ala. 564.) (c) Offered instructions 3, 4 and 7 deal with phases of question of occupancy and im< materiality of title not covered by the charge. Eck^ correctly states the law. On immateriality of title: Sims r. State, 44 S. W. 622; People v. Payne, 8 Call. 341. On oocupan<y «iid forcible tearing down : People v. Payne, 8 Call. 841, 343, 344 ; The People v. Homshell, 10 Cal. 83, 88 ; Sims v. State, 44 8. W. 526. Particularly as to offered instruction No. 4 : Btdte d B, Can. Mng. Co. v. M. 0. P. Co., 60 Pac (Mont) 1043. (d) Offered instructions Xoe. 10 and 17 deal with above ai»d also declare whose duty it was to retreat and whose right it was to stand their ground, under supposed facts within the evidence in the case, a matter not directly charged on elsewliere, and 86 Mont] State v. Whitworth. Ill which was so vital to defendant that there should have been no chance left for any misapprehension by the jury. They correctly state the law in this regard. (Wallace v. U. S., 162 XL S. 474; Townsend v. Briggs, 34 Pac. 117.) They must form a part of the charge. (State v. Rolla, 55 Pac. 524; Connors v. State, 2 X. W. 1143.) The statute itself has recf^nized the importance of advising the jury whose duty it is to retreat and whose right it is to stand, in other words, who may lawfully make resistance, and who nlust yield and give way because in wrong. (Sections 1411 and 1412 of the Penal Code,) The defendant was entitled to be where he was. The de- ceased and his companion were engaged in a willful and forci- ble trespass upon the property of appellant's employer which had been put expressly in his charge, and it was vitally im- portant to him to enable the jury to clearly judge his case that there should be no uncertainty in their minds as to who had the right to stand their ground and resist and whose duty it was to yield, fall back and give way, and the court did not in this case make this matter clear and certain to the jury, as the oflFered instructions 10 and 17 would have done. (e) Offered instruction No. 23 deals with the law as to de- ceased's threats, which was wholly omitted from the charge of the court. Mr. James Do7U)van, Attorney Oeneral, for the State. MR. JUSTICE MILBURN delivered the opinion of the court. This case is before the court upon appeal from the judgment and the order denying a motion for a new trial. The defendant was charged with the crime of murder in the first degree, alleged to have been committed in Meagher county. A change of venue was had to Broadwater county. The accused was convicted of the crime of manslaughter. The coimty attoi- ney of Broadwater county prosecuted the action, and over the 112 State v. WniTwoRTir. [Oct. T/Ot objection of the appellant the county attorney of Meagher county and Max Waterman, Esq., attorney at law, assisted in the prosecution as of counsel for the state. The evidence in the case is as follows : The deceased, Will- iam Cameron, was mortally wounded by the defendant on Janu- ary lY, 1900, on the ranch of one Van Camp, in Meagher county. Van Camp had occupied the premises peaceably and without dispute for over five years prior to August, 1900. "The- place was entirely inclosed by a fence built by Van Camp, who . had also built, used and occupied thereon during the same- period a cabin, a sheep corral, a sheep shed, a hay corral and' a stable ; cutting the hay each year and feeding it to his sheep • and horses, and occupying the shed and corral with his sheep » at the usual seasons of the year. In August, 1899, while Van: Camp was cutting hay, the deceased entered the fenced inclos-- ure, and about seventy yards from the sheep corral pitched x tent, and proceeded, with the aid of one Johnson, to build a cabin. On October 5 the deceased and his father took down some poles from the Van Camp sheep corral and piled them in front of the sheep-shed door. When Van Camp's sheep came- up, a "word row" occurred between deceased and defendant, in the course of which the defendant, using an opprobrious epithet, said, "If you persist, you will be put in a wooden box."" At his dinner table, about November 20, defendant stated,. "Deceased better be careful, or he might be carried off in a box." On January 15, 1900, at one Blethen's blacksmith shop, he said, "Cameron was liable to be out of there in a box." On the evening of January 16, defendant and one James Han- vey, both employes then and there of Van Camp, were engaged in feeding the horses and milking the cows at the stables and corrals of Van Camp ; the sheep feeding outside. At this time • deceased and Johnson, having a few minutes previously fired a rifle shot from their cabin, started across to the Van Camp' sheep corral, carrying an ax and a hatchet, for the purpose, as . the deceased said, "of tearing it down." As soon as they ar- rived at the corral they began to chop posts and remove poles. , 26 Mont] State v. Whitwobth, 113 Defendant and Hanvey (the latter putting do^vn an oat sack which he was carrying to feed the horses) urged Cameron and Johnson several times not to tear down the fence, deceased say- ing that he would tear it down ; and he and Johnson continued their work of destruction. Hanvey picked up a corral stake about three feet long and two inches thick, and leaned on it. He and Johnson said each to the other that he could "lick him." Johnson "gave Hanvey the lie;'' defendant saying, "Go for him, Hanvey.' The two started for each other, Hanvey strik- ing Johnson on the elbow with the club ; and then, he dropping it, they clinched ; Johnson backing a few steps and falling on his back, with Hanvey on top; the latter's face beginning to bleed as they fell. Cameron ran up to where they fell, and stood near their heads, in a "striking position." At this time the defendant, having picked up the club, went toward the other three, and, facing Cameron, struck him with the club on the side of the head, and, turning, also struck Johnson on the head with the club, as he lay uix)n the ground. One Hanvey testified that he was near the center of the corral, about fifty feet away from the defendant and the deceased, and was going toward them, and that he told the defendant not to strike the deceased or Johnson, who was then on the ground, under Hanvey. The defendant then started rapidly away across the corral; Hanvey getting up and following him, with his face and head bleeding freely. The defendant told Harvey that he struck the boys because ho "could not bear to see them cutting Jim up so." Harvey saw a ridge about the size of a finger across the center of the first joints of Hanvcy's fingers, which Hanvey said was caused by a knife of some kind. Cameron died the next day from fracture of the skull. At the time the lie passed between Hanvey and Johnson, the defendant picked up the ax and hatchet that deceased and Johnson had brought, and threw them out of the way, on top of the roof of the sheep shed. In defense it was testified that all the defendant had said in the October 5 altercation was that he "could lick deceased on less ground than it would take to bury him on, or that he stood Vol. XXVI-8 114r State v. Whitwobth. [Oct. T.'Ol on," and that during November, after the 7th until the 29th, defendant was not at the Van Camp home ranch, where testi- mony tended to show that he on November 20 made a threar against deceased. The defendant also denied all other threats. It also appears in evidence that deceased in August, 1897, had threatened to kill any "damn Missourian in the employ of Van Camp who undertook to move a load of hay on the "High Tower Ranch." Tlie Van Camp ranch was known as the "High Tower Ranch." The defendant was from Missouri. He weighed about 115 poxmds, and was about 5 feet and 5 inches high. Deceased was about 5 feet and 10 inches in height, and weighed about 140 or 150 pounds. Johnson was 5 feet and 9 indies high, and Hanvey 5 feet and 6 inches in height. This alleged threat was communicated to the defendant long before the day of the homicide. Johnson had iU will against Van Camp, and a few days before the day of the killing said that "if Van Camp did not quit keeping Missourians around him, he would lick the whole bunch of them, and take the first chance he got to do it" It was assumed that the rifle shot was fired by deceased in the direction of the defendant and Hanvey when near the High Tower cabin, because they heard the bullet whistle ; John- son testifying that deceased was shooting at some magpies that were around the house. It also appears in evidence that the defendant at the beginning of the quarrel picked up the hatchet, only throwing ^t on the shed, and that he and Hanvey repeat- edly asked deceased and Johnson to quit tearing down the cor- ral ; saying that they wanted to put the sheep in it that night. Defendant and Hanvey testified that deceased and Johnson wore mittens, and gloves underneath, and had knife bladee or some sharp instrument fastened to the back of their hands, un- derneath the mittens. The testimony for the defense was also to the effect that, as Johnson and Hanvey fell> Cameron, who was 34 feet away, grabbed the ax and started toward them. Defendant jumped up and wrenched the ax from his hand as he was raising it, and threw it on the shed. Deceased then grabbed the club or stake, and defendant quickly jerked that 2^6 Mont] State v. Whitwobth. 115 from his hand, saying it must be a fair fight Deceased then went to the heads of the men on the ground, and was "in the attitude of striking" at Hanvey from the side; Johnson strik- ing from below. Defendant, Hanvey and Harvey testified that Hanvey was bleeding freely at the time defendant went over to the spot where deceased was, and struck Johnson and de- ceased each a blow with the club. It was also shown in the testimony for the defense that there were four cuts about the head of Hanvey, evidently made by some sharp instrument, still bleeding after a trip of 20 miles to another Van Camp ranch, — the bandages around the head being saturated with blood, — and that the wounds on the head bled a great deal dur- ing the night. Dr. Kumpe, a practicing physician, testified that he examined th^ head of Hanvey eight days after the kill- ing, and could only find two small wounds, mere scratches, neither of which cut through the skin, and that, in his opinion, they were not made with a knife; that they looked more like pin scratches. The first and second specifications are: (1) "The court erred in permitting the county attorney of Meagher county to prosecute the action, against the objection of appellant;" and (2) "the court erred in permitting Attorney Waterman to prosecute on behalf of the state in said action, against the ob- jection of the appellant" It appears from the record that the county attorney of Broadwater county appeared in open court and asked that the county attorney of Meagher county and Max Waterman, Esq., be appointed to assist him in the trial of the cause, at the same time filing his a£Sdavit setting forth that he (the county attorney of Broadwater county) was then and there physically unable to assume the entire burden of the prosecution; and the court, finding that the attorney general was absent from the county of Broadwater, and that the cause was then ready for trial, granted the motion of the said county attorney of Broadwater county, and said county attorney of Meagher county and the said Max Waterman, Esq., were then appointed by the court to assist in the prosecution of the cause, 116 State v. Whitwobth. [Oct T/01 and the objection of tlie defendant to the appearance of said parties as assistants to the county attorney of Broadwater county was then and there overruled. At the time of the mak- ing of the defendant's objection, his counsel made and filed the afiidavit of said coimsel to the effect that the county attorney of Broadwater county was not sufficiently ill to prevent him from giving the necessary attention to the case. It appears also that the said Waterman had been, before the defendant's pre- liminary examination in Meagher county, employed by the chairman of the board of county commissioners of Meagher county as special counsel to assist in prosecuting the chaise, and had appeared for the state at said examination. It does not appear that any one of the three attorneys appearing for the state had received or been promised any compensation by any one whomsoever, except possibly such compensation as may be inferred as promised because of the employment of Mr. Waterman by the chairman of the board of county commis- sioners of Meagher county. Defendant's counsel, in his argument^ inquires : Firsr^ "What county attorney prosecutes in Broadwater county ?" and, second, "May the court permit a private attorney to represent the state in prosecuting a criminal charge ?" In the light of the provisions of the Penal Code pertinent to the matter, it is apparent what answer must be given to the first question ; that is to say, the county attorney of the county to which the cause is removed must prosecute^ in the same man- ner as if the action had been begun in that county. Counsel cites a large number of authorities tending to show that the court may not, over the objection of the defendant In a criminal action, permit a "private attorney" to represent the state in the prosecution. Examination of these authorities not only shows that they are not relevant to the question raised in the record at the time of the objection of the defendant to the appearance of the assistant attorneys, but at least one of them. Commonwealth v. Knappj 10 Pick. 477, 20 Am. Dec. 534, even fails to support the proposition advocated by counsel for de- 26 Mont.] State v. Whitwobth. 117 fendant, — that the statute which declares who shall prosecute excludes the appointment of other attorneys by the court over the objection of the defendant; the case referred to being one wherein Mr. Webster was allowed to appear as counsel for the prosecution, over the objection of the defendant, upon the re- quest of the prosecution. It is not necessary to pass in tfiis opinion upon the question asked by the counsel, for it does not appear that the county attorney of Meagher county or Mr. Watennan,in any wise, in this case, was a "private attorney." A private attorney, as in the view of the courts whose opinions are cited by counsel, is an attorney employed by, and in the interest of, private persons, and not paid out of public funds. He is one who has a special interest in the securing of a con- viction, being employed by private persons to prosecute. He is not one who, like a public prosecutor, is presumed to do his duty in an earnest and faithful manner, impartially, and with the sole purpose of presenting the whole truth to the court and jury, both as to law and facts. We do not find anything in the record to show that either of the two assistant counsel appointed by the court was employed in. the interest of any private person. It is contended by counsel in the argument that the county may have assistance only as provided in Sections 4318 and 4319 of the Political Code, except that the attorney general may appear, and that the court, when it finds itself "without a prosecuting officer," may "supply one temporarily." The two sections of the Political Code do not apply, as they are intended to provide for as many deputies in the office of any county offi- cer, except a county commissioner and a justice of the peace, "as may be necessary for the faithful and prompt discharge of the duties of his office." It is obvious that these provisions do not pertain to the appointment by the court of such assistant counsel as it may think necessary in the prosecution of any particular criminal case, when, in the opinion of the court, owing to the physical weakness of the county attorney, assist- ance is needed. We think the great weight of authority is in support of our 118 State v. Whitwoeth. [Oct T/01 opinion that the court may legally, in its discretion, appoint counsel from the members of its bar to assist the prosecution, over the objection of the defendant, and that no error was made by the court in the present case in the matter. In support of our position that the statute declaring who shall be (charged with the duly of prosecuting persons charged with crime does not exclude the power of the court to appoint as- sistant counsel, we refer to the numerous citations in Tvll v. State ex rel. Olessner, 99 Ini 238, wherein the court says that: ^^The people do not surrender the right to employ just means of prosecuting criminals by choosing an oflficer and charging him with the special duty of prosecuting the pleas of the state. * * The community does not avow that it will not em- ploy counsel to assist him when the occasion demands/' Nu- merous other authorities might be cited. Defendant also complains that the court erred to his preju- dice in refusing to give to the jury six certain instructions prayed for by him. Three of them, numbered 3, 4 and 7, deal with phases of a question of occapsucy of the land upon which the killing occurred, and the immateriality of the title to the lands in the case; counsel claiming that the points were not covered by the charge. There was no testimony as to who held or pretended to hold title to the premises. The charge, as given, sufficiently covers the rights and privileges of the de- fendant in relation to the place where the homicide was com- mitted. As to requested instructions 10 and 17, defendant assigns error in their refusal, and says that they "declare whose duty it was to retreat, and whose right it was to stand their ground, under supposed facts within the evidence in the ease, — a mat- ter not directly charged on elsewhere, and which was so vital to defendant that there should have been no chance left for any misapprehension by the jury;'' also that they touch upon the points raised in instructions numbered 3, 4 and 7. The charge states the right of the employes of the owner of the property (they being the defendant and one other) to defend the prop- 26 Mont] State v, Whit worth. 119 erty with necessary force. The reasonable and palpable deduc- tion from the language of the charge is that the defendant and his co-employe, Hanvey, had the right to stand their ground on their employer's premises, and defend the propeity and themselves. The apparent conclusion to be drawn by any rea- sonable man from the charge is, besides, that the deceased had no right or business on the premises if the jury believed "the supposed facts within the evidence ;" that is, the allegations of the defense that deceased and his comrade were trespassing upon the premises and engaged in destroying the property of the defendant's employer, in charge of which defendant was. Those paits of these two refused instructions which correctly state the law, and should be given in such a case as the one at bar, in our opinion, are suiBciently covered in the charge. The defendant's refused instruction No. 23 is as follows: "As to threats by deceased, it is in evidence that a threat gen- erally directed toward Missourians was made in connection with the High Tower ranch. If you find that the defendant belonged to the dass mentioned, you should take into consider- ation such threat, if you find it proven, in determining what the nature of the attack, if any, made by the deceased upon Hanvey, was, and what the purpose of Johnson and deceased was in making such attack." The evidence shows that, at the time the defendant struck Cameron the fatal blow, he (defend- ant) was not in any immediate danger, but that, as indisputa- bly appears in evidence, he went up to deceased and Johnson ; Hanvey then being on top of Johnson, who was lying upon the ground; the deceased^ standing at the heads of the two, in an attitude threatening to Hanvey. It appears in evidence that the defendant was a Missourian. There is nothing tending to show that Hanvey was from Missouri. The alleged threat of deceased toward Missourians would not tend to indicate "the nature of the attack, if any, made by the deceased upon Han- vey," or "what the purpose of Johnson and deceased was in making such attack" upon Hanvey. We note that coimsel contends that "the court must correct 120 State v. Whitwobth. [Oct T.^01 inaccuracies in offered instructions, and charge on the propo- sitions embodied," and in support of this cites Conner s v. Staie, 47 Wis. 623, 2 K W. 1143. Examination o£ this case shows that it cites as authority State v. WUner, 40 Wis. 304, wherein the court held that it could not sustain a judgment of conviction of a high crime; an important instruction having been refused solely on the ground of verbal inaccuracy. In that case the defendant asked for an instruction to the effect that " * * insanity, once proved to exist, is presumed to exist until the presumption is overcome. * * " The ' court thought the w^ord "insanity" was too broad, and should have been qualified by the lower court, and the instruction given as thus modified. In other words, it was rightly held that a court should not be captious or hypercritical, and in this we agree ; but it is not the duty of the court to undertake the labor and research necessary to prepare and write instructions, in all cases, where the counsel has in a proposed instruction, embody- ing, perhaps, argument, ambiguous language, misstatements of fact, or palpably incorrect statement of law, merely suggested certain principles which, if correctly stated, might well be given in the charge. We do not mean to say that the refused instruc- tions in this case should be characterized as the above language might imply, but we merely wish to be understood as saying that the refused instructions could w^ell be refused for sufficient reasons other than that they w^ere verbally inaccurate. The instructions given \vere favorable to the defendant, and were clear enough to be understood, we think, by a juror of average intelligence, and, further, we think they covered suffi- ciently such appropriate points as were raised in the refuse-l instructions. The judgment and the order denying the motion for a new trial are affirmed. Affirmed. Mr. Chief Justice Brantly: I concur. 26 Mont] State v. District Coubt. 121 Mb. Justice Pigott: I concur with the majority of the court in holding that ttere was no error in permitting counsel to assist the county attorney ; but I am not satisfied that the matters contained in prayers for instructions 10 and 17, touch- ing the right of the defendant and Hanvey, under supposed facts which the evidence tended to establish, to stand their ground, were sufficiently covered by the charge, nor is it clear to me that refused instruction 23 was irrelevant I am inclined, therefore, to think that there should be a reversal. This con- clusion has been reached after much doubt and hesitancy, for I appreciate the force of the opinion upon these questions. «TATE EX BEL. STATE BOARD OF MEDICAL EXAM- INERS, Relatob, v. DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT, DEPART- MENT NO. 2, Defendant. (No. 1,738.) (Submitted November 25, 1001. Decided December 2, 1901.) Courts — Jurisdiction — Physicians and Surgeons — Right to Practice Medicine — Examination — Refusal of Medical Board to Grant Certificate — Right to Practice Pending Ap- peal. "Whetber acting under Its general conatitntlonal powers or as exercising a special and limited jurisdiction derived exclusively from the statute (Political Code, Sec. 603), tbe district court has no power to allow an applicant to practice medicine pending bis appeal from a refusal of the state board of medical examiners to grant him a certificate. Application for a writ of certiorari by the state, on rela- tion of the State Board of Medical Examiners, against the Eirst Judicial District Court, Department No. 2, in and for Xewis and Clarke County, to annul an order allowing a peti- tioner to practice medicine pending an appeal. Order annulled. Mr, James Donova/n, Attorney General^ for Relator. Mr, R. 8. Stockton, for Defendant 26 f38 122 State v. District Court. [Oct T/01 MR CHIEF JUSTICE BEANTLY delivered the opinion of the court ■ Application for writ of certiorari. The board of medical examiners of the state of Montana was organized nnder the provisions of Article XVI, Part III, Title I, Chapter III (Sees. 600-608) of the Political Code. It has power to grant certificates of proficiency to persons who desire to begin the practice of medicine or surgery in any of their branches in this state ; and to this end it is its duty, among other things, to hold meetings at the city of Helena on the first Tuesday of April and October each year, and at such other times at the same or any other places the board may choose, for the purpose ot ascertaining the proficiency of all applicants for such certifi- cates. Any person is deemed to be proficient who is possessed of a diploma from a medical school l^ally organized and in good standing, whose teachers are all graduates of a legally organized medical school, provided he is able to pass an ex- amination upon the subjects enumerated in the statute and on such others as the board may think necessary; and provided, also, he can present evidence that he has attended four courses cf lectures of at least six months each. The board is empow- ered to refuse a certificate to any applicant who, in its opinion, does not show himself proficient, or who, upon an investigation after charges preferred, is found to have been guilty of unpro- fessional, dishonorable or immoral conduct. On the ground last mentioned, and after a similar investigation, the board may also revoke a certificate already granted. In all cases of a re- fusal or revocation of a certificate, the person aggrieved thereby may appeal from the decision of the board to the district court of the county in which the decision is made, and the court may affirm or reverse the action of the board, according to the facts as they are made to appear. The possession of a license or cer- tificate is made a prerequisite to engaging or continuing in the practice of medicine or surgery by any person, except a mid- wife of skill and experience^ a commissioned surgeon of the 26 Mont] State v. District Coubt. 123 United States army or navy while in the discharge of duty, or a physician or surgeon from another state or territory while in actual consultation. If, during the time intervening between the. sittings of the board, a person desires to begin practice, he may do so after obtaining a certificate from the secretary of the board, who has power to issue the same, upon presentation to him of a diploma meeting the requirements stated above. This certificate is good until the next regular meeting of the board. A violation or disregard of these provisions of the statute is denounced as a misdemeanor, and subjects the of- fender to the penalty of a fine or imprisonment, or both, at the discretion of the court having cognizance of the offense. On October 1, 1901, one J. F. Grinstead presented his di- ploma to the said board, then in regular session at Helena, and asked that he might be permitted to submit to the required ex- amination. He was allowed to begin the examination, but dur- ing the course of it, as was alleged by the secretary of the board, he was detected in the use of certain notes and memo randa to aid him in answering the questions propounded, and thus to obtain an undue advantage over the board and the other candidates then being examined. He was thereupon denied the privilege of continuing the examination. A charge was preferred to the board by its secretary, accusing him of "un- professional, dishonorable and immoral conduct," the specifi- cation being that he had been detected in the use of said notes and memoranda for the' purpose stated. After written notice, and an examination by the board into the facts, he was found guilty and refused a certificate. He immediately appealed to the district court of Lewis and Clarke county, and thereupon applied to that court for an order permitting him to engage in the practice of his profession until a hearing could be had upon the merits. The judge required him to submit to an examina- tion in open court as to his qualifications, and tiiereupon made the following order : "Upon reading and filing the petition of J. F. Grinstead, praying that he be authorized, during the pen- dency of the appeal taken by him in the above-entitled pro- 124 State v. Distkict Coubt. [Oct. T/01 -ceeding, to practice medicine and surgery in the state of Mon- tana, and after having duly considered the same, I do hereby authorize and empower the said J. F. Grinstead, petitioner, to practice medicine and surgery in the state of Montana pending the said appeal." It is sought by this proceeding to have this order annulled on the ground that it was made in excess of jurisdiction. The only question presented is whether the district court having jurisdiction of the appeal has also the power to make the order complained of, and thus to grant to the appellant, pending a hearing, immunity from punishment for doing that which the statute denounces as a misdemeanor. Section 603 of the Political Code, after providing gener- ally that an ap\|)eal may be taken from the decision of the board refusing or revoking a certificate and regulating the procedure to be observed upon a trial of the merits, closes with the fol- lowing provision : "In case of an appeal from a decision revok- ing a certificate the appellant may be permitted, in the discre- tion of the court, to practice during the pendency of the ap- peal." It is silent as to the power of the court in cases in which the board refuses a certificate. Counsel for the defendant, as we understand him, assumes the position that the district court is a court of general juris- diction; that the right to practice medicine and surgery is a natural right; and that the court having jurisdiction of the appeal, also has the inherent power, in the absence of an ex- press prohibition to the contrary, to permit the appellant to exercise this natural right until it is determined by a trial upon the merits that he does not possess the requisite qualifications. The attorney general argues that the jurisdiction conferred by the statute over these appeals is special and limited, and that the district court, in the exercise of it, has no other powers than those expressly given. It follows, therefore, he says, that^ as the statute nowhere in express terms authorizes the court to grant permission to practice pending the appeal in this class of cases, the order in question was without jurisdiction and void. 26 Mont] State' V. District Couet. 125 It may be stated, as a general proposition, that every person has a natural right to pursue any lawful business or profession. This general statement is subject, however, to the limitation that the person asserting such a right must, before attempting to exercise it, comply with all reasonable police regulations made by the state touching the qualifications declared neces- sary for the particular calling. In the absence of such regu- lations, the right is absolute, and may be exercised at pleasure ; but where they exist compliance with them is a condition pre- cedent, and until this condition is fulfilled the right is in abey- ance, and may not be exercised at all. The power to ascertain, in the first instance, whether this condition precedent has been fulfilled, and to declare that the right may be exercised, is therefore, in a qualified sense, a power to create and grant the right. Under the constitution district courts have jurisdiction extending to all classes of cases- therein enumerated, and to all special actions and proceedings- not otherwise provided for, as well as to appeals from justices' and other inferior courts in such cases as are provided for by law and consistent with the constitution. Yet they have no power to create a right where none exists, or to permit the ex- ercise of existing ones contrary to law. Their powers are con- fined to the ascertainment of existing rights, and the enforce- ment of them when so ascertained. It is the exclusive province of the l^slature to declare the law regulating the rights of citizens. So long as it does not violate any provision of the constitution, its will is absolute. It is the province of courts to enforce the law, and they have no power to disregard it, or to suspend its operation, except in the cases and upon the con- ditions expressly declared. In this case no question is made as to the power of the legislature to create the board of medical examiners, and to define its powers ; nor is any complaint made that any of the prescribed regulations are unreasonable. Such legislation has always been upheld as a wise exercise of the jjolice powers of the state, and necessary to the protection of the public. This is particularly true of a calling or profession 126 State v. District Coubt. [Oct. T/01 which requires technical knowledge and skill. Without such knowledge and skill in the practitioner, there is danger that damage will result to those who employ him. Therefore one may be prohibited from pursuing such a calling or profession until he has been examined by the lawfully constituted authori- ties, and declared sufficiently qualified to engage in it with safety to the public. The legislature, in the exercise of its legitimate power, has prescribed the conditions precedent upon the fulfillment of which one may begin and continue the practice of medicine and surgery, and has prohibited it in all other cases. It has also established the board of examiners, whose province it is, in the first instance, to declare whether these conditions have been observed, and made the determination of the board final, subject only to revision by the courts for errors and abuses. The courts, therefore, have no power to suspend the operation of the will of the legislature thus declared, and usurp the author- ity lodged in the board. To do this would be equivalent to an exercise of the exclusive functions of the legislature and of the board. This the courts may not do, even though a violation of the statute was not denounced as a misdemeanor. As it is, the prohibition directed to the individual citizen is as much a limit to the power of the court as if it had been expressly provided that the court should not grant permission to pursue the prac- tice pending the appeal in this class of cases. For obvious reasons the legislature deemed it proper, in a case where a certificate has been revoked, to authorize the courts, in their discretion, to grant the appellant permission to prac- tice pending his appeal. In his case the conditions precedent have all been fulfilled. His right has accrued. He has, per- haps, by his energy and application, built up a profitable prac- tice. It is the means of support for himself and family. This should not be taken away without good cause. It is therefore but just that he be permitted to exercise his right until it is finally adjudged that ho has forfeited it ; especially so, if it is made to appear prima facie that the forfeiture has been de- 26 Mont] State v. District Coubt. 127 clared upon doubtful evidence, or from bad motives on the part of the board. In case of an applicant for a certificate in the first instance no such reason exists. No right has been estab- lished. Xo practice depends upon his' attention. He will suffer no immediate material injury if the certificate be withheld for a reasonable time until he can demonstrate that the action of the board in denying it was arbitrary or erroneous. The bur- den is upon him to establish his right. In the other case the burden rests upon the state represented by the medical board. The statute recognizes this clear distinction between the two classes of cases, and the intention of the legislature in this re- gard is manifested by the explicit provision touching the former and its silence touching the latter. The principle contained in the maxim, ^^Expressio vmus est exclusio alterms," clearly ap- plies, and the order was clearly unauthorized, whether the dis- trict court be regarded as acting under its general constitutional powers or as exercising a special and limited jurisdiction de- rived exclusively from the statute. It was not within its power to insert in the statute what was omitted therefrom by manifest intention, and thus to grant a right expressly prohibited. Counsel for defendant suggested during the argument that, though the order be held to be in excess of jurisdiction, it should not be annulled in this proceeding, because it is mani- fest that it will not result in injustice or wrong to any one. In support of this suggestion he cited Meads v. Belt Capper Mmes (Mich.), 84 N. W. 616. Conceding that we might, in our discretion, refuse to issue the writ in the first instance in a case where it is apparent that no injustice would be done, or dismiss the proceeding on this ground after the writ has issued and the record of the district court has been certified up, thc ease cited is not in point. The relator herein, as such, would suffer no injustice if the order were permitted to stand. The people;, however, have a right to have the law administered according to its manifest spirit and purpose. To disregard this right would be to permit a public wrong, and to set aside the will of the people as expressed through the legislature. 128 Snook v. City of Anaconda. [Oct. T.'Ol A judgment may therefore be entered annulling the order at the cost of defendant. Order annulled. 26 128 «26 142 26 441 26 1» 29 329 26 128 31 621 26 37 I 128! 572 SXOOK, Eespondent, v, CITY OF ANACONDA, Appellant. (No. 1,348.) (Submitted October 10, 1901. Decided December 2, 1901.) Municipal Corporations — Cities — Defective Streets — DuJy of City — Liability — Personal Injury — Negligence — Pleading — Damages — Ev idence — Instructions. 1. a city organized under Compiled Statutes 1887, General Laws, Fifth Di- vision, Chapter XXII, being authorized to provide means by taxation to- _ improve its streets, and by Section 325 to establish and improve streets, and by Section 435 given exclusive control of its streets, is responsible for damages occasioned by reason of its negligently permitting its streets to become and remain in a dangerous condition. 2. In an action for damages occasioned by a defect in a street, it is only where the complaint shows that the proximate cause of the injury was the plaintiff's own act, that plaintiff must allege (and prove) that in thus act- ing he was free from negligence. 3. Where, in an action against a city for damages resulting from a defective street, the complaint, after alleging defendant's negligence, alleges that the injury was received "without fault or negligence on plaintiff's part," con- tributory negligence is a matter of defense. 4. Where, in an action against a city for damages resulting from a defective street, it is admitted that the city, through its mayor and council and police, had personal knowledge of the defect before the accident, the error, if any, in admitting evidence that the overseer of streets said several days after the accident that he knew of the defect, and had intended to repair It, was without prejudice. 5. In an action against a city for injuries resulting from a defective street, questions asked defendant's overseer of streets as to its rules in relation to doing street work on Sunday were properly excluded. 6. Where a bridge in a city street is destroyed, the duty of the city to repair the street or give warning of the danger to travelers is not affected by the fact that the day after the defect was caused happens to be Sunday. 7. In an action for injuries resulting from a defective street, a charge that the Jury may take into consideration as an item of damages the probable- consequences, so far as proved, of the personal injuries received by the^ plaintiff, if any are proved, is proper. 26 Mont.] S^'ooK v. City oj Anaconda. 129 Appeal from District Court, Deer Lodge County; Theo. Brantly, Judge. Action by George A. Snook against the City of Anaconda. From a judgment for plaintiiF, defendant appeals. Affirmed. Mr. T. O'Leary, Mr. J. R. Boarman and Mr. H. R. White- 7n7i!. for Appellant. I. The court eired in overruling the demurrer to the complaint. One of the grounds stated is : "That the complaint does not- state facts sufficient to constitute a cause of action." As will be seen on an examination of the complaint and statement of the case. The action is brought by a private individual against a municipal corporation, claiming damages for the neglecit of a public duty by the corporation. The exact question raised in this demurrer was before this court in the case of Sullivan v. City • of Uelena, 10 Mont. 134. But it cannot be said that the question was then definitely settled by the court on a fair investigation of the merits of the controversy. Chief Justice Blake in his opinion says: ^^We already intimated that we do not intend to enter upon the difficult task of pui^uing an independent in- vestigation and ascertaining the true principles of law in deter- mining the effect of statutes upon decisions. Our opinion is controlled by an important consideration of another nature.'' The consideration referred to by the learned judge was that the decision of Nebraska City v. Cam^pbell, and Barnes v. Dis- trict of Columbia, by the Supreme Court of the United States^ Avere binding upon the courts of the territory, nor was the ques- tion considered in the case of Sweeney v. City of Butte, 15 Mont 274. In this case the court says: "One ground for the motion of a new trial was that there was no statute in this state making municipal corporations liable for injuries such as plain- tiff complains of. This proposition, however, was upon the Vol. XXVI-9 130 Snook v. City of Anaconda. [Oct T/01 argument abandoned by the appellant.'' The action in the case of Sullivan v. City of Helena was for injuries received August 29, 1888, and the case was filed December, 1888. The injuries sustained by plaintiff were by reason of an excavation in one of the streets, which excavation was made by permission of the building committee of the city council of Helena. The action in the case of Sweejiey v. City of Butte, was for injuries received by the plaintiff falling through a trap door into a cel- lar under the sidewalk. The city authorities knew of the nature and construction of this trap, and of its existence for a period of two years. Thus it will be seen that the actions in these cases are based on very different statements of facts from those of the present case. Nor does the same reason exist today for this court to be governed by the decisions of the Supreme Court of the United States as did in territorial days. Nor should the rule of stare decisis be adhered to, and the decision in the case of Sullivan v. City of Helena be considered as a precedent in determining this question in this case. The city of Helena was organized and working under a special charter, and not under the general law nnder which the city of Anaconda was incorpo- rated. There is no statute in Montana fixing upon cities a lia- bility for injuries sustained through a neglect to perform a public duty. Nor does the complaint in this action make sacb. allegation. The great weight of American authority is in favor of the rule that a private action cannot be maintained against a town, county or other qy^isi public corporation for the neglect of a public duty, or of a duty imposed alike upon all similar corporations, unless the liability to such an action is expressly created by statute. In some of the states, however, the liability is expressly imposed upon municipal corporations by the stat- utes. (Buswell on Personal Injuries (2d Ed.), Sees. 53 and 60, and cases cited in note 1, page 79, and note 1, page 91 ; Eastman v. Meredith, 36 N. H. 284; CJiope v. City of Eureka, 78 Cal. 588 ; Arnold v. City of San Jose, 81 Oal. 618 ; Detroit V. Blahely, 21 Mich. 841 ; Arkadelphia v. Windham, 49 Ark. 139; Eastman v. Clackamas County (Ore.), 32 Fed. Rep. 24; 26 Mont] Snook v. City op Anaconda. 131 Young v. City Cotmcil of CkaHestonj 20 S. C- 116 ; CJooley on Torts, Sec. 622, p. 626; 2 Thampeon on i^eglig^noe, p. 692, 734, note.) It appears from the complaint that the negligence charged against the defendant is and was the negligence of ^^a duly ap-r pointed and acting street commissioner." The doctrine of respondeat sv/perior, being founded upon the supposition that the master derives some benefit from the act of a servant, does not apply to a public officer as to the agent whom he employs in the discharge of a public duty. (Buswell on Personal In- juries, Sec. 51 ; Territory v. Board of Commissioners, 8 Mont. 412 ; Cily of Richmond v. Long, 94 Decs. 461 ; Stewart v. New Orleans, 61 Id. 218.) In an action for p. rsonal injuries, when the complaint shows that the proximate cause of the injury was the plaintiff's own act, it does not state a cause of action if it fails to allege tiiiaC such act was done in the exercise of reasonable care and pru- denca The complaint in this action makes no such statement (Kennon v. Oilmer, 4 Mont. 451.) For these reasons we be- lieve the demurrer to the complaint was good and should have been sustained by the court. n. • The damages awarded were excessive. In such case as the one at ba<r the rule of law is that even a wrongdoer is only liable for the proximate consequences of his act or default. The plaintiff may recover not only the amount of damage whidi he suffered prior to the commencement of the- action, but also the damage i»x)ceeding continuously from the injury up to the verdict and which it is reasonable certain that he will suffer in the futura There must be a reasonable certainty as to such future damage. A mere probability of its occurrence is not enough. (Sherman & Redfield, Negli- gence, Sees. 595-597.) III. The evidence is insufiicient to justify the verdict. 132 Snook v. City of Anaconda. [Oct. T.'Ol The complaint in this action shows that the approximate cause of injury was plaintiff's own act in riding his bicycle into an excavation made by the falling of a portion of tihie bridga on Chestnut street. In such case it is incumbent upon plaintiif to prove, in addition to the n^ligence of the defendant, that in the doing of the act he was free from contributory negligence. {Ryan v. OUmer, 2 Mont. 250 ; Kennon v. Gilmer, 4 Id. 451 ; Prosser v. M. C. By, Co., 17 Id. 388.) There was no proof of negligence on the part of the defendant in causing the defect on the bridge, or of any unreasonable delay in repairing the same, or of any neglect in failing to place proper signals of danger at the broken bridge. Nor does the evidence show that the plaintiff was free from any contributory negligence or that he was using reasonable care at the time of the accident In such case it is not enough to prove a defect in the street and that plaintiff was injured thereby. No presumption of negligence can arise from such evidence. {Kennon v. OUmer, 4 Mont 453 ; Hunt v. Mwyor, etc. of New York, 109 K Y. 134.) A city does not insure the safety of the people who travel upon its streets. The evidence shows that there was an unusual flood at the time, which came down from the mountains, flood- ing the streets throughout the city. As soon as it was discov- ered that the bridge on Chestnut street had fallen the defendanc used all reasonable care, under the circumstances, on its part to protect the public. The falling of the bridge was not caused by any act or omission of duty on the part of the defendant. It was not shown that any act of the defendant was done out of the usual course. Nor was there any circumstance shown call- ing for greater care or caution than was taken by defendant iri this case. The injuries suffered by plaintiff are clearly shown by the evidence in the case to have been the result of inevitable accident for which no one can be made responsible, even if plaintiff himself was free from fault or negligence. (Shear- man & Eedfield, Negligence, Sec. 5 ; Hathaway v. Chicago, etc. Ry. Co., 51 Mich. 566. Messrs. Rodgers & Rodgers, for Respondent 26 Mont] Snook v. Citt of Anaconda. 133 MR, JUSTICE PIGOTT delivered tbe opinion of the court. Action to recover damages for bodily injuries alleged to have been caused by the negligent omission of the defendant to keep one of its streets in repair. Verdict for $2,000. The defend- ant appeals from the judgment and from the order denying its motion for a new trial. 1. The alleged facts stated in the complaint are, in sub- stance, as follows : The defendant, a municipal corporation, is a city of the second class. One of its duties is to maintain its streets in safe condition. Long before the time of the acci- dent to the plaintiff, the defendant by ordinance assumed the duty mentioned, established public streets, created the office of street commissioner, and imposed upon and delegated to him the duty of keeping the streets in repair. Chestnut street is, and for many years prior to the accident has been, a duly- established street and a common thoroughfare under the con- trol and management of the defendant. On this street was a bridge, placed ?.nd maintained there by the defendant About the 5th day of April, 1897, the bridge became out of repair and was washed away, leaving a deep cut across the street, which was dangerous to the life and safety of any person who might travel over the street at night, the existence of which cut was known, or ought to have been known to the defendant and its officers. With full knowledge of the destruction of the bridge and the existence of the cut, the defendant n^ligently and wrongfully permitted the bridge to remain out of repair, and the cut to remain unprotected and uncovered, and wrong- fully and negligently failed to place any light or signal on or about the cut to warn persons traveling over the street of thr dangerous condition thereof. On the night of Sunday, the 18th of April, 1897, while the cut was in the street and while it was negligently exposed and left unguarded and without any light orsignal of any nature whatsoever to warn persons trav- eling on lie street of the danger, the plaintiff was lawfully traveling on the street and was wholly unaware of any danger and of the presence of the cut, and while lawfully riding a 184 SwooK v. City of Anaconda. [Oct. T/01 \ncye\e thereon^ he accideDtally^ without any fault or negligence on his part, ran into the cut> was thrown violently off of his bicycle, and was precipitated upon the ground and into the cut, whereby he received great bodily injury. To the complaint the defendant demurred for insufficiency, contending: First, that a municipal corporation proper, such as the defendant, is not liable for negligence in the care of its streets; and, second, that the oomplaint shows the proximate cause of the injury to have been the plaintiff's own act, and does not allege that such act was done in the exercise of reason- able care. The demurrer was overruled, and this action of the court is the first error specified. The defendant, the city of Anaconda, was organized under provisions which now appear in Chapter XXII of the Fifth Division, General Laws, Compiled Statutes of 1887. By Sec- tion 325 of that Chapter the defendant, through its council, was empowered to lay out, establish, open, alter, widen, extend, pave, or otherwise improve the streets within its limits ; and by Section 435 the exclusive control of the streets was a power confided to the city. The same Chapter provides means, throu^ taxation, by which these powers may be exercised. Similar powers are granted by Sections 4800, 4875, 4876, 4877, 4878, 4879 and 4880, of the Political Code. Section 4700 provides that "a city or town is a body politic and corpo- rate, with the general powers of a corporation, and the powers specified or necessarily implied in this title, or in special laws hearetofoPB enacted.'' The power to repair, coupled with the exclusive control of the streets, made it the ministerial duty of the city to exercise ordinary care to the end that the streets might be reasonably safe for travel. The duty thus imposed is not legislative or judicial in character, but ministerial. Hav- ing the power to keep its streets in repair, the defendant was bound to exercise it. The duty corresponds with, and is not less than, the power. For failure to perform that duty the defendant is liable to any one who, without fault on his part, sullen injury thereby. We had supposed that the liability of 26 Mont] Snook v. City of Anaconda. 185 a municilml corporation proper, as distinguished from quasi corporations, such as counties and iN'ew England towns, for failure to keep in repair ita streets, was no longer an open ques- tion in this state; nor do we think that it is. In Svllivcun v. City of Helena, 10 Montana Reports^ 134 (26 Pac 94), such liability was declared, the court saying: "We have already intimated that we do not intend to enter upon the difficult task of pursuing an independent investigation, and ascertaining the true principle of law, and determining the effect of statute;* upon decisions. Our opinion is controlled by an important consideration of another nature. At the December term, 1862, and prior to the organization of the Territory of Montana, the Supreme Court of the United States, in Nebraska City v. Campbell, 2 Black, 590, 17 L, Ed. 271, heard a case which arose in the Territorv of Nebraska. Mr. Justice Nelson, in the opinion, said: The law is well settled in respect to public municipal corporations, upon which the duty is imposed to construct and repair, or to keep in repair, streets or bridges, and upon which is also conferred the means of accomplishing such duty, that they are liable for any special damage arising out of neglect in keeping the same in proper condition. The principle was fully considered at the last term in the case of Weighiman v. Washington Corp,, 1 Black, 39, 51-58, 17 L. Ed. 52, where all the authorities will be found collected and examined.' ' After referring to Barnes v. Distin/ii of Colum- bia, 91 United States 540 (23 L. Ed. 440) ; District of Co- lumbia v. Woodbm-y, 136 United States 450 (10 Sup. Ct. 990, 34 L. Ed. 472) ; Brown v. District of Columbia, 127 United States 579 (8 Sup. Ct, 1314, 32 L. Ed. 262), and District of Columbia v. McElligott, 117 United States 621 (6 Sup. Ct. 884, 29 L. Ed. 946), the opinion proceeds: "The city of Hel- ena was incorporated by an act of the legislative assembly of the Territory of Montana, which was approved February 22, 1881. The respondent was injured August 29, 1888, and filed December 22, 1888, his complaint in this action. During these times the decisions of Nebraska City v. Campbell, supra, and 136 Snook v. City of Anaconda, [Oct T.'Ol Barnes v. District of Columbia, supra, were binding upon the courts of the Territory. With full knowledge of the legal con- sequences of the proceedings, it was duly ordained that said city of Helena hereby assumes for itself the care and responsi- bility of streets, avenues, and alleys.' The liability, which had b^en accurately defined, has not been restricted by the l^s- lative department, and we can presume that the rule stated by the Supreme Court of the United States was satisfactory. We think it is our duty under these conditions to adhere to the doctrine which has been recognized upward of twenty-five years within the confines of Montana, and seems to be upheld by the weight of modern authority ;" the opinion closing with a quo- tation from Mr. Dillon's treatise on Municipal Corporations, approving the doctrine as just and supported by the overwhelm- ing weight of authority. In the subsequent case of Sweeney v. City of Butte, 15 Montana Reports, 274 (39 Pac. 286), the contention that such a municipal corporation was not liable was abandoned upon argument, the court citing the Sullivan Case. In Nelson v. City of Helena, 16 Montana Reports, 21 (39 Pac. 905), and in Leonard v. City of Bxdte, 25 Montana Reports, 410, 65 Pacific Reporter, 425, the doctrine of the Sul- livan Case was impliedly, but none the less necessarily, recog- nized and followed. Albrittin v. Mayor and Aldermen of HunisvUle^ 60 Alabama Reports, 486 (31 Am. Rep. 46) ; Nohle V. City of Ri-chm^nd, 31 Grattan (Va.), 271 (31 Am. Rep. 726) ; Clark v. City of Richvfwnd, 83 Virginia Reports, 355 (5 S. E. 369, 5 Am. St. Rep. 281) ; Conrad v. Trustees of the Village of Ithaca^ 16 New York Reports, 158; Hines v. City of Lochport, 50 Xew York Reports, 236 ; Nelson v. Vil- la-ge of Qanisteo, 100 New York Reports, 89 (2 K E. 473) ; Pettengill v. City of Yonkers, 116 New York Reports, 558 (22 N. E. 1095, 15 Am. St.. Rep. 442); City of Denver v. Dunsmore, 7 Colorado Reix)rts, 328 (3 Pac. 705) ; Orove v. City of Fort Wayne, 45 Indiana Reports, 429 (15 Am. Rep. 262) ; Hutson v. Mayor, etc. of New York, 9 New York Re- ports, 163 (59 Am. Dec. 526) ; Cline v. Crescent City Bail- ^6 Mont.] SwooK v. City of Anaconda. 137 road Company and City of New Orleans, 43 Louisiana An- nual Reports, 327 (9 South. 122, 26 Am. St Eep. 187) ; Sutton V. City of Snohomish, 11 Washington Reports, 24 (39 Pac. 273, 48 Am. St Rep. «47) ; Cleyve- land V. King, 132 United States Reports, 295 (10 Sup. Ct. 90), are among the great number of cases announc- ing the same rule. For a collection of the cases upon this question we refer to Elliott on Roads and Streets, 2d Edition, Sections 611-614, pages 642-649 ; to Dillon on Municipal Cor- porations, 4th Edition, Sections 1017-1024, pages 1279-1296 , to Tiedeman on Municipal Corporations, Section 339, page 680 ; to Morrill on City N^ligence, Chapter VII, page 72 ; to Jones on Negligence of Municipal Corporations, Chapter VIII, page 113; and to Williams on Municipal Liability for Tort, Section 70, page 108. We have, however, examined the ques- tion in the light of the authorities and of reason, and we be- lieve the decision in the Sullivan Case to be correct. Since 1890 that case has been accepted and foUowed as the settled law in Montana; the legislative assembly has not seen fit to change the rule there announced. If the people wish to exempt cities and towns from liability for neglect to repair streets, they may do so through that department of the government which makes the statute law, — courts may only interpret the law. So far, therefore, as the first objection to the complaint is concerned, the overruling of the demurrer was proper. Nor is the other objection tenable. In Kennon v. CHlmer, 4 Montana Reports, 433 (2- Pac. 21), it was held that where the complaint shows that the proximate cause of the injury was the plaintiff's own act, he must allege (and prove) that in thus acting he was free from negligence. The complaint in the case at bar does not show, either directly or indirectly, that the proximate cause of the injury was the act of the plaintiff. This is a sufficient answer to the objection; another is that the complaint states that the accident occurred and the injury was received "without any fault or negligence on plaintiff's part" Under these circumstances contributory negligence is a matter 188 Snook t\ City of Anaconda. [Oct. T.'Ol of defense. (Nelson v. City of Helena, supra; Prosser v, Montana Cevirdl By. Co., 17 Moot 872, 43 Pac. 81, 30 L. E. A. 814.) The complaint is not obnoxidns to the objection spe- cifically nrg^ 2. It is claimed that the damages awarded were excessive. After a careful examination of the evidence we find it to have been sufficient to justify the verdict 3. It is next insisted that there was no proof of negligence on the part of the defendant Suffice it to say that the evi- dence tending to show a want of ordinary care on the part, of the city was ample. 4. Several days after the accident the plaintiff had a con- versation with the street commissioner in which the latter said that he knew the bridge was down, that he saw that the bridge was gone, and that he int^ided to repair it on the Monday sub- sequent to the accident To the introduction of this testimony the defendant objected on the ground that the city could not be bound by any , statement made by the street commissioner after the time of the accident The objection was overruled, the defendant excepting. Whether or not the testimony was inadmissible because it was hearsay we need not inquire, for the defendant admits that the city, through its. mayor and alder- men and its chief of police, had personal knowledge of the fact that the bridge had been washed out on the evening of the day on which it fell. Counsel for the defendant expressly state in their brief that the defendant "already had notice.'' If the testimony should have been excluded, the error was without prejudice, for we can see that its admission was harmless. 5. The defendant propounded to its street commissioner when called as a witness in its behalf, the following questions : "State what the rule of the city is in relation to whether or not the street work is done upon Sunday." "State whether or not since you have been street commissioner, it has been the rule to require any street work to be done on Sunday.' Objec- tions to these questions as attempts to elicit immaterial testi- mony was sustained, the defendant excepting. The action of SSlfont} Snook v. City of Anaconda. 139 the court was correct. The queetions themaelves did not indi^ cate what the answers would be^ and there was no offer to diow what the defendant expected to prove by the witness. Again, if the answers had been that there was a rule not to require street work to be done on Sunday, it oould not have been rele- vant or material. The existence of such a rule could not oper- ate so as to release the city from its legal duty to repair the street or give warning of the danger to travelers. Toward the plaintiff the city was under the same obligation to exercise dili- gence on Simday as on any other day. The su^;e8tion that the defendant was under no obligation to use ordinary care because Sunday happened to be the day after the defect in the street was caused, is wholly without merit. The duty of the city was the same as the duty of an individual person would have been under the same circumstances. 6. The ruling of the court in sustaining objections to ques- tions put to a witness called by the defendant in surrebuttal, is urged as an error. It is also argued that the court erred in modifying certain instructions prayed for by the defendant, and in giving others^ The attentive consideration we have given to the record satisfies us that there was no error preju dicial to the defendant in the rulings of the court, or in its action in modifying the instructions requested, cr in it«( charge, — at least no error that could have been prejudicial to the rights of the defendant. The only instruction which we need notice is Xo. 17, which reads: "If the jury believe under these in- structions and the testimony in this case that the plaintiff is entitled to recover damages from the defendant for any injuries which he has proven that he has sustained by reason of the facts set out in his complaint, then the jury have a right to find for him such an amount of damages, not to exceed $5,000, as the jury believe from the evidence will compensate him for the personal injuries so received, and in doing so the jury have a right to oomdder the personal injuries received by him, if any has been proven, the probable consequences of such injuries, so far as proven, any pain or suffering he may have endured 140 May v. City of Anaconda. [Oct T/01 in consequence thereof, if proven, to consider his loss of time in endeavoring to be cured, his expenses incurred in respect thereto, in so far as the same have been proven, and any per- manent injury the plaintiff may have sustained and has been proven in this case." It is urged that the instruction is erro- neous, in that it permitted the jury to take into consideration as an item of damages the probable consequences so far as proved of the personal injuries received by the plaintiff, if any Avere proved. In the respect adverted to, the instruction is cor- rect, and falls within the cases of Ham/Uton v. Oreat Falls Street Railway Company, 17 Montana Reports, 334 (42 Pac. 860, 43 Pac. 713) ; Kendall v. The City of Albia, 73 Iowa Reports, 243 (34 X. W. 833) ; Swift & Co. v. Raleigh, 54 Illi- nois Appeal RejKirts, 44 ; and St, Louis, I, M. & S. R. R, Co. V. Cantrell, 37 Arkansas Reports, 519 (40 Am. Rep. 105). We do not deem it necessary to notice the other specifications of alleged eiTor. No one of them is well urged. The judgment and the order refusing a new trial are affirmed. Let remittitur issue forthwith. Affirmed, The Chief Justice^ having tried the cause as judge of the court below, takes no part in the foregoing opinion. MAY, Respondent, r. CITY OF ANACONDA, Appem.ant. (No. 1358.) (Submitted October 10. 1001. Decided December 2, 1901.) Cities — Defective Streets — Liability of City — Contributory Negligence — Evidence — Exceptions — Appeal — Review. 1. A city is liable for injaries resnlting from its negligently permitting its streets to 08 and remain In a dangerous condition. 26 Mont.] Snook v. City of Anaconda. 141 2. The fact that Political Code» Sec. 5036, declares that every city is respon- sible for Injuries to property within its limits by mobs or riots, does not Indicate a legislative intent to exempt cities from liability for all other torts. 3. Where a bowlder remains In a city street for many months, constitntingr a dangerous obstrnction, a finding that the city was negligent in so per- mitting the obstrnction to continue is Justified. 4. Where no exception is taken to the ruling of the court in admitting evi- dence over defendants objection, the error, if any, cannot be reviewed on appeal. 5. Under Complied Statutes 1887, General Laws, Fifth Division, Sec. 320, providing that the fee of streets shown on a city plat shall be vested in the city for the use of the public, a city which by ordinance has accepted and has Improved such a street, when sued for injury resulting from a defect in the street, cannot escape liability by denying that the locality is a street. 6. Where plaintiff was Injured by collision with a bowlder in an unlighted city street, which had been used and traveled for years, while he was drivr ing slowly along the center of the street on a dark night, — ^he having no knowledge of the bowlder, — such act was not contributory negligence. 7. Removal of the bowlder by the city after the accident was not evidence of negligence in falling to remove it before that time, but was relevant aa tending to show that the point where the accident occurred was in a street over which the city had assumed control and hence was under obligation to repair. Appeal from District Court, Deer Lodge County; Theo. Brantlyj Judge. Action by W. B. May against the city of Anaconda. From a judgment for plaintiff, defendant appeals. Affirmed. Mr. T. O'Leary, for Appellant. Messrs. Rodgers & Rodgers, for Respondent. MR. JUSTICE PIGOTT delivered the opinion of the court. This action was brought to recover judgment for damages allied to have been suffered by reason of the defendant's ne- glect to maintain one of its streets in repair. By the complaint it is alleged that the defendant, a city organized under tlie statutes of Montana providing for the organization of munici- pal corporations, established public streets within its limits and undertook the duty of keeping them in safe condition ; \| that among the officers of the city was a street commissioner^ » having supervision of all the streets ; that on the 3d day of July^ 142 May v. City of Anaconda. [Oct T.'Ol 1897, and for a long time prior thereto, tbere was in Pine street (a street of the defendant) a large rode, or bowlder, which was dangerous to the life and safety of any person or petrsons who might travel over the street at night, the dangerous char- acter whereof had been and ought to have been known to the defendant and its officers, and which the defendant negligently permitted to remain in the street on July 3, 1897; that on the night of July 3, 1897, while the plain- tiff was traveling and driving a wagon on that street, being unaware of the danger and of the presence of the bowld^ or rock so negligently left there by the defendant, his wagon, with- out his fault or negligence, ran over it, throwing the plaintiff from the wagon and causing the lasting and permanent injuries of which he c(»nplains. The answer admits that the defendant is a mimicipal corporation, but denies every other allegation of the complaint. The jury found for the plaintiff, assessing his damages at $3,500, and the defendant appeals. 1. The complaint is assailed upon the ground that it does not state facts sufficient to constitute a cause of action, and hence does not 8upi>ort the judgment, in that there is no statute imposing upon cities a liability for injuries caused by their negligent omission to keep the streets in a reasonably safe con- dition. This objection was considered and overruled in Snook V. The City of Anacondd, ante, p. — , this day decided. Section 6036 of the Political Code declares that every city or town is responsible for injuries to real or personal property within its corporate limits done or caused by mobs or riots, and the defendant argues that this would seem to indicate the legislative intent to exempt municipal corporations from lia- bility for all other torts, upon the principle that expresaio utdus est exclusio alierius. The sole purpose of the section was to create a liabilitv which did not exist at the common law. Its object was not to relieve municipal corporations of burdens, but to impose a new one. If the defendant's argument be cor- rect and the maxim applicable, cities are not answerable for positive or affirmative acts of negligence whereby the streets 86 Mont.] May v. City of Anaconda. 143 are made unsafe, — a rule which we think nowhere finds support or countenance. 2. The defendant's counsel argue that there was no negli- gence proved against the city. The bowlder had been a danger- ous obstruction in the street for many months and the jury, by their general verdict, impliedly found that the city knew, or ought to have known, of its presence, and wa» negligent in failing to remove it. Upon the city was imposed the power and the attendant or resulting duty to exercise a reasonable degree of diligence to keep the street free from such obstruc- tions: its omission to use such diligence w^as actionable negli- gence. This caae is similar to Davis v. City of Austin, 23 Texas Court of Civil Appeals Keports, 460 (54 S. W. 927), but is very different from Kieffer v. Hummelstown Borough, 151 Pennsylvania State Reports, 304, 17 Lawyers' Reports Annotated, 217, 24 Atlantic Reporter, 1060. 3. The plaintiff testified that in a conversation which he had with the defendant's street commissioner several months after the accident, the latter declared that he know the bowlder was in the street prior to the accident The defendant objected to the reception of this testimony upon the sole ground that the proper foundation had not been laid to show that the place where the accident occurred was a public street. The court overruled the objection, but no exception was reserved. Under these circumstances it is clear that tiie question whether there was error cannot be entertained on appeal. The defendant now argues that it could not be bound by any statement made by the street commissioner after the accident. This may be true, and the testimony may have been hearsay, but no such objection was made at the time and no exception whatever was taken. 4. The defendant contends that there was not sufficient evidence to prove that the place where the accident occurred was part of a public street which the defendant was obliged to use reasonable care to maintain in a state of repair. We think there was. Pine street^ upon which the accident oc- curred, is shown upon the plat or map of the city filed with the 144 May v. City of Anaconda. [Oct. T.'Ol »cotiiity clerk in 1883. Section 320 of the Fifth Division^ General Laws, Compiled Statutes of 1887, provides that the fee of streets shown on such map or plat shall be vested in the city for the use of the public. The statute granted, and the defendant by ordinance assumed, control of all the streets and the duty to keep them in repair. Ordinances were passed pro- viding for the raising of money by taxation for the purpose of improving and repairing all the streets. In establishing grades, the city recognized Pine street as one of its streets. The city, through the council, granted permits for the building of side- walks on Pine street. There was evidence tending to prove that for fifteen years the street had been regularly traveled, and at the point where the accident happened there were houses and fences on each side of the street. The city had performe<l work at that point, and after the accident the street commis- sioner caused the bowlder to be removed, — of course the re- moval of the bowlder after the accident was not evidence to show negligence on the part of the city in failing to remove it before the accident, but it was relevant as tending to show that the point where the accident occurred was part of a street over which the city had assumed control and hence was under the obligation to keep in repair. It is difficult to conceive what further evidence could be required as to this uatter. In Mayor V. Sheffield, 4 Wallace, 189, the court said: 'If the authorities of a city or town have treated a place as a public street, taking charge of it and regulating it as they do other streets, and an individual is injured in consequence of the n^jgligent and care- less manner in which this is done, the corporation cannot, when it is sued for such injury, throw the party upon an inquiry into the regularitiy of the proceedings by which the land be- came a street, or into the authority by which the street was originally established." ^^e quote also the following language from Maus v. City of Springfield, 101 Missouri Reports, 613, (14 S. W. 630, 20 Am. St. Eep. 634): "To establish the character of the locality, where the injury occurred, as part of a public street, nothing more was essential than to show that it 26 Mont] May v. City of Anaoowda. 145 was in actual possession of the city and open to, and used by, the public as a thoroughfare at the tima This plaintiff did. It was not necessary to prove any formal dedication or appro- priation of the street/' To the same effect are Houfe v. Town of Fulton, 34 Wisconsin Reports, 608 (17 Am. Rep. 463) ; Town of Saiida v. McKinna, 16 Colorado Reports, 523, 27 Pacific Reporter, 810, and City of Abile^fie v. Wright, 4 Kansas Appeal Reports, 708, 46 Pacific Reporter, 715. 5. Counsel for the defendant say that it was conclusively shown by the plaintiff's o\\ti testimony that he was injured through his own negligence in driving with a loose rein, out of a walk, on a dark night, over an unlighted street, in a sparsely settled part of the city, of which he had but little knowledge. The evidence given by him tended to prove that ^vhen injured he was driving slowly in the night time, in the middle of the street which had been traveled as such for manv years, and that he knew nothing of the obstruction which lay in his path. He was justified in assuming that the city had used diligence to keep the street in a reasonably safe condition. We are unable^ therefore, to agree with counsel; on the con- tiary, if his testimony stated the facts (and under the verdict we must assume that it did) he was not guilty of contributory negligence. Several other supposed errors are mentioned in defendant'^ brief; some of them have been treated of in the consideration of the points already discussed, and those not so disposed of are without merit. The judgment and the order refusing a new trial are af- firmed. Remittitvr may issue forthwith. Affirmed. The Chief Jvstice^ having tried the cause in the court below as judge, takes no part in the foregoing opinion. Vol xxvi-io »J 14G 27 4534 146 B. & M. Co. V. M. O. P. Co. [Oct T/01 BOSTON AND MONTANA CONSOLIDATED COPPER AND SILVER MINING COMPANY, Appellant, v. MONTANA ORE PURCHASING COM- PANY ET AL., Respondents. (No. 1.559.) Submitted October 5, 1901. Decided December 2, 1901.) 27 102 Injunction Pendente Lite — Evidence — Judgment — Intent 827 432; s27 433 to Appeal, Where, in an action to restrain defendants from removing ore from a certain vein on a motion for injunction pendente lite. It is shown that in a prior action between the parties Judgment is entered that defendants are owners of the vein and ore, the court may consider such Judgment in determining such motion, though the time for appeal has not elapsed, and plaintiff In- tends to appeal therefrom. Appeal from District Court, Silver Bow County; John lAndr say. Judge, Action by the Boston and Montana Consolidated Copper and Silver Mining Company against the Montana Ore Pur- chasing Company and others. From an order denying plain- tiff's application for an injunction pendente lite, plaintiff ap- peals. Affirmed. Mr, WUliaim H, DeWiti and Messrs, Forbis & Evans, for Appellant. The introduction in evidence of the pleadings and of the judgment and decree was plainly error. This judgment was made and entered February 14, 1900, and the hearing at which the same was introduced was had May 16, 1900, before the time for appeal from said judgment had expired, and until such time had passed, or the judgment satisfied, the said decrea was of no force or effect and not admissible as evidence. Sec- tion 1895 of \hQ Montana Code of Civil Procedure is as fol- lows : "Section 1895. An action is deemed to be pending from the time of its commencement until its final determination an 26 Mont] B. & M. Co. v. M. O. P. Co. 147 appeal or until the time for the appeal has passed, unless the judgment is sooner satisfied/' The obvious purpose of this statute is to give the litigant the full time, through which any case must pass until finally disposed of by the supreme court, in which to litigate the same, so that his rights may not be im- l>aired or affected until he has an opportunity to have the higher court pass upon them. The justice and reason of the rule is apparent when we consider that if any other rule pre\''ailed i party might obtain a judgment and although the losing party appeals from the same, could use the same judgment in bar of another action, that might be brought, and pending a reversal of the ease upon appeal obtain the full fruits and advantage of his judgment. We think that no citation of authorities is necessary to convince the court that the purpose of Section 1895 is to suspend the judgment and to eliminate the same from the action pending the appeal or until the time for appeal has ex- pired, unless the judgment has been acquiesced in or satisfied. The Supreme Court of California in construing an identical section (Section 1049 of California Code of Civil Procedure), has laid down the doctrine that during the time provided b^v said section such a judgment cannot be pleaded in bar of an- other action for the same cause, or introduced in evidence. (Giimore v. American Central Ins Co., 65 Cal. 63, 2 Pac. 882 ; Naftzger v. Gregg, 99 Cal. 83, 33 Pac. 757; Hmris v. Barnr hart, 97 Cal. 546, 32 Pac. 589 ; Brown v. Campbelly 100 Cal. 636, 35 Pac. 433 ; Estate of Blythe, 99 Cal. 472, 34 Pac. 108 ; Story V. IStory & Isham C. Co., 100 Cal. 41, 34 Pac. 675.) It is true that our Montana Supreme Court laid down a different rule in Fredericks v. Cla/rk, 3 Mont. 261, but at the time the decision was rendered we had no statutory provision similar to Section 1895, above referred to. Therefore we submit that in treating said judgment as a bar to the plaintiff's rights in this action the court erred. But respondents may contend that^ although pleaded in bar, that the said pleadings were admissible in evidence upon the theory of a plea in abatement to the effect that it showed an- 148 B. & M. Co. V. M. O. P. Co. [Oct T/01 other action pending at the time this suit was brought, but we submit that the showing falls short in every particular of tiie facts necessary to support such a plea. In the first place^ the parties to the said action are not the same as the parties in the case at bar. The authorities are unanimous, we think, to sup- port the proposition that in another action pending the parties must be substantially identical. (See Ency. Plead. & Practice, Vol. I, page 757, and numerous cases cited ; Ccdaveras Co. v. BrocJclay, 30 CaL 325 ; Kerns v. McKean, 65 Cal. 416, 4 Pac. 404.) The foundation upon which this defense of another ac- tion pending rests is the abhorrence which the law entertains for a multiplicity of actions. The law does not permit a party to prosecute two actions for the same cause at the same time, because the second suit is not only unnecessary so far as the enforcement of his rights is concerned but annoys and harrasses the defendant without cause. The reason of this rule can have no application except where the plaintiff in both actions is the same person, and the rule can have no application where the plaintiff in one suit is the defendant in the other. (Ency. of Plead. & Practice, Vol. I, page 758 and cases; 0^ Connor v. Blake, 27 Cal. 313 ; Ayres v. BeresUy, 32 Cal 620 ; Felch v. Beaudry, 40 Cal. 439 ; Walworth v. Johnston, 41 Cal. 61 ; Lindsay v. Stewart, 72 Cal. 540, 4 Pac. 516; Monroe v. Reid, 64 N. W. 983; Washburn, etc. Manufacturing Co. v. Scott, 22 Fed. Eep. 710.) In the second place, to support such a plea the causes of action in the two suits must be the same. (Ency. Plead. & Practice, Vol. I, page 761 and cases cited; Thompson v. Lyon, 14 Cal. 39; Martin v. Spivala, 69 Cal. 611 ; Larco v. Clements, 36 Cal. 132 ; Cohum v. Pacific Lum- ber Co., 46 Cal. 32.) An examination of the pleadings in said action 7,337, and in this cause, will show the court that the causes of action upon which the same are based are in no wise similar. Under any view of the case we certainly are at a loss to understand how the pendency of action 7,337, for damages for trespass, and to quiet title to veins alleged to belong to plaintiff, can affect the appellant's right to bring action against 26 Mont] B. & M. C5o. v. M. O. P. Co. 149 defendants for joint trespasses oonunitted by them on appel- lant's premises almost a year after the first suit was brought, and there is certainly no authority for such a position. {Car- penter V. Hewell, 67 Cal. 589, 8 Pac 314; Sharon v. HUl 22 Fed. 28; Osborne v. Cloud, 92 Am. Dec. 418.) Messrs. McHatton & Cotter and Messrs, Toole & Ba/^h, for Kespondents. MR. JUSTICE MILBURN delivered the opinion of the court This is an appeal by the plaintiff from the order of the dis- trict court of the Second judicial district, made May 16, 1900, denying an injunction pendente lite. The action was com- menced February 28, 1898, by appellant, who alleged that de- fendants trespassed upon certain portions of the Pennsylvania lode claim, extracted ore of the reasonable value of $50,000, and would continue to trespass unless enjoined. Answer was filed admitting entry beneath the surface of saia claims and extraction of ore, but setting up ownership of the ore because of ownership in veins apexing in adjoining claims and dipping imder the Pennsylvania claim's surface. Replication was filed denying the affirmative all^ations of the answer. A supple- mental answer was filed, showing that since the beginning of this suit the said district court, in an action wherein the Mon- tana Ore Purchasing Company was plaintiff against appellant, as defendant, had, on February 14, 1900, decreed that the property in dispute in this action was the property of the plain- tiff Montana Ore Purchasing Company, one of the defendants herein, said cause being numbered in said district court 7,337. The respondent Montana Ore Purchasing Company produced affidavits upon the hearing in the district court of the case at bar to show the identity of the property, and prayed the court below to deny the injunction, in its discretion, upon the show- ing that the court had declared the respondent Montana Ore Purchasing Company to be the owner of the property upon 160 B. & M. Co. V. M. O. P. Co. [Oct. T.'Ol which appellant declared trespass had been committed by the respondents. The court gi'anted the prayer and denied the injunction. It is not claimed that plaintiff has acquired any title to the property in dispute which it did not have at the time of the decree aforesaid in said cause numbered 7,337. Nor is it con- tended that the title of defendant Montana Ore Purchasing Company, which was decreed as in it, was in any wise changed or altered after said decree was entered, or that any ri^t of possession in it to the property was changed or altered after the decree. Testimony in the form of the pleadings in cause 7,337, affi- davits and oral testimony was, over the objection of the plain- tiff, introduced to support the points relied upon by defendants, and to show the identity of the property. The court, upon the objection of defendants, refused to admit the affidavits of cer- tain parties offered on behalf of plaintiff, showing that appel- lant had not acquiesced in or satisfied the judgment in cause 7,337, and that appellant was using diligence to present a mo- tion for a new trial and to perfeot its appeal from the judgment in cause 7,337. Testimony was offered by plaintiff to rebut ownership of the ores in question in def endants^ or any of them ; but the court refused to admit it. These refusals, as well as the admission of the evidence offered by defendants, the plain- tiff assigns as error. There is only one question in this cause which need be con- sidered. The determination of that will determine the matter of this appeal. The defendant in cause 7,337 having appealed, and the ap- peal still being undetermined in the supreme court, and the judgment tlierein, not having been satisfied, was the judgment suspended for all purposes, not only in bar of another action^ but also so suspended that, upon a hearing upon an order to show cause why an injunction pendente lite, in another action affecting the same property and the same parties, should not issue, the court could not consider it as affecting sound discre- 26 Mont] B. & M. Co. v. M. O. P. Co. 151 tion in granting or refusing such injunction? Numerous au- thoritieB have been cited by appellant to support it contention that such a judgment^ not yet final (except in the sense that it is a final judgment from which appeal lies), is a bar to another action ; but we do not consider that the introduction of such a judgment^ under such circumstances as those herein shown, is for the purpose of a bar, but only as evidence goin.a: to the dis- cretion of the cooirt or judge in determining, on hearing, whether it or hg ivill permit the property in the then suit to be carried off or destroyed pending the action in which, perhaps, the judgment may or may not be a ba.r, as may be afterwards determined. In Naftzger v. Oregg, 99 Cal. 83, 33 Pac. 757, 37 Am. St. Rep. 23, one of the cases cited by appellant, — referring to Section 1049 of the Code of Civil Procedure of California (Section 1895, Code of Civil Procedure of Montana), where the court holds the judgment not a bar in a subflequent suit affecting the same property between the same parties, in a con- curring opinion Justices Harrison and Patterson were of the opinion that the judgment might be introduced as evidence, saying that Section 1049 of the California Code of Civil Pro- cedure was not intended to prescribe a rule of evidence, but to determine the condition of an action after judgment has been rendered, and, inferentially, the effect of the judgment ; and they go furtheV, and say that there are many cases in which a judgment is admissible in evidence at any time after its entry. Our view that the introduction of the judgment roll (in cause 7,337) and the introduction of evidence to show the iden- tity of the property at the hearing of the motion to show cause why an injunction pendente lite should not issue was not error, is further supported by a very well considered opinion in Smith V. Smith, 134 Cal. 117, 66 Pac. 81, wherein a deed was errone- ously excluded from evidence, the validity of the conveyance •resting upon a judgment from which an appeal was pending. The court held that the introduction of the deed in no wise would tend to enforce the judgment which was suspended by the appeal. 152 B. & K Co. V. M. O. P. Co. [Oct T/01 Why could not the f aot^ when brought to the attention of the court below, that it had decreed the property as not in anywise belonging to the plaintiff, be considered by it in passing upon the order to show cause why plaintiff and appellant should not have an injunction pendente liie against the defendants in the action, and be r^arded in its sound discretion as a sufficient reason why the injunction should be denied ? On principle or authority we cannot see how a court should be held to have abused its discretion in saying that, whereas it had decreed the property or right of possession not to be in the plaintiff, but in the defendant Montana Ore Purchasing Company, it refused to enjoin the defendants froin entering upon or using the same. This would not be passing upon the merits of the case, which is, as appears from the record, still pending in the district court. That the judgment in cause 7,337, now on appeal, would or would not be a bar to the action wherein the injunction pen- dente lite was granted, we are not called upon now to decide. Suffice it that we hold that there was no abuse of discretion in the refusing of the injunction pendente lite, or error in ad- mitting the said judgment and proof offered by defendants in evidence, or in refusing to admit the offered testimony as to the pendency of the appeal in cause 7,337, as the latter was immaterial in the matter of the hearing on the order to show cause why an injunction pendente lite should not issue. There seems, from the briefs and argument, to be no ques- tion but what the property in dispute was the same in cause 7,337 and in the matter on appeal. The order denying the injunction pendente lite is affirmed. Affirmed, CASES DETERMINED IN THB SUPREME COURT AT THB DECEMBER TERM, 1901. present: The Hon. Theo. Bbantly, Chief Justice. The Hon. Wiluah T. Pigott, i } Associate Justices. The Hon. Geoboe R. Milbubn J CORNISH ET AL., Appellants, v. FLOYD-JONES, Respondent. 86 164 i» 197 26 TTvJ 27 98 % 153 28 48 28 235 f28 ^963 28 581 IT Tiil 34 34X\| 26 153 37 31 (No. 1,377.) (Submitted Noyember 18, 1901. Decided December 9, 1901.) Appeal — Record — Review. Code of Clyil Procedure, Sec. 1737, provides that, on appeal from an order, except one granting or refusing a new trial, the appellant must furnish a copy of the notice of appeal, of the Judgment or order appealed from, and of papers used on the hearing below. On appeal from an order denying an (158) 154 Cornish et al.. v, Floyd- Jones. [Dec* T/01 application to have certain loans declared preferred claims against an in- solvent bank, the only papers found in the transcript, besides a copy of the notice of appeal, were a copy of the petition, and of an affidavit to support it, neither of which was identifled by bill of exceptions as the papers used on the hearing, a copy of the order of the court denying the petition, and a copy of the opinion of the court setting forth the reasona for its actions. Held, that such opinion and the unidentified petition and accompanying afUdavit could not be considered, so that the transcript was Insufficient to show any error, as the only papers before the court were the notice of appeal and copy of the order. Obiter. Under Section 1739, Code of Civil Procedure, counsel have no authority to certify the papers as those used, or the only ones used, on the hearing. Appeal from District Court, Lewis and Clarke Conrdy; S. H. Mchitire, Judge, Action by F. E. Cornish and others against R. H. Floyd- Jones (Substituted for A. J. Steele), receiver of the National Loan & Savings Union. From an order denying an application to have certain loans declared preferred claims, plaintiffs ap- peal. Affirmed. Mr, C, W, Wiley, for Appellants. Mr, T, J, Walsh, for Respondent. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. It is not clear from the record filed in this court what is the nature of the proceeding in the district court which gave rise to this appeal. From the statement of the case made in appel- lants' brief, however, we gatlier that in August, 1898, a suit was brought by stockholders or creditors of the National Loan & Savings Union, a corporation organized under the laws of Montana authorizing building and loan associations, to have the corporation declared insolvent, and to adjust its affairs through the agency of a receiver. The title of that cause is not made to appear. The papers in the transcript before us are entitled, ^'In the Matter of the Receivership of the !N'ational Loan & Savings Union, A. J. Steele, Receiver." Upon the cover of the transcript and in the brief filed by appellants' 26 Mont.] Cornish et al. v. Floyi>Jonbs. 155 counsel we find the title, "i^. E. Cornish ei al. v. .4. /. Steele, Receiver of the National Loan & Savings Undoru" In a sup- plemental brief of eonnsel he has nsed the title, " F. E. Cornish et al. V. R, II. Floyd-Jones, Receiver." We have adopted this latter title, for the reason that since the appeal was filed in this court, R. H. Floyd-Jones was substituted, on suggestion of counsel, for A. J. Steele as defendant and respondent. Nothing appears from the papers filed at the time the suggestion was made, however, to aid us in any way to understand the nature of the proceeding in the district court. As we gather it from the transcript, it seems that the appel- lants made an application to the district court by petition filed in the cause above mentioned against the corporation whose affairs are in course of adjustment by Floyd-Jone* as receiver (who has been substituted in place of A. J. Steele since this appeal was taken), for the purpose of having certain alleged loans made by the petitioners to the corporation declared pre- ferred claims, and for an order directing the receiver to pay them in full out of the funds first coming into his hands. This appeal is from an order denying the application. Without stopping to consider other matters of practice called to our attention by counsel for the receiver as conclusive of the appeal, we must affirm the order on the ground that the tran- script does not make it appear that the district court committed error. Section 1737 of the Code of Civil Procedure provides: '0n appeal from an order, except an order granting or refus- ing a new trial, the appellant must furnish the court with a copy of the notice of appeal, of the judgment or order appealed from, and of papers used on the hearing in the court below. '^ The only papers found in the transcript, besides a copy of the notice of appeal, are a copy of the petition referred to, of an affidavit apparently used to support the allegations of the peti- tion, of the order of the district court, denying it, and of the opinion of the court setting forth the reasons for its action. The opinion is no part of the record on appeal, and cannot be resorted to for any purpose. {Menard v. Montana Central 166 (Ornish et al. v. Floyd-Jones. [Dec T/01 EaMway Co., 22 Mont. 340, 56 Pac. 592.) The affidavit and petition are not identified by bill of exceptions embodying them. as the papers used on the hearing. We therefore have no means of knowing that they were so used, either alone or in connec- tion with others. For aught that appears, the allegations of the petition may have been controverted, and evidence intro- duced by the parties to sustain the issues thus made. It was said by this court in Rum/ney Lcund & Cattle Co. v. Detroit & Montana Cattle Co., 19 Mont. 557, 49 Pac. 395: "On appeal every presumption in favor of its correctness attaches to a de- cision or order of the district court. Hence it is incumbent on the appellant to show wherein any error has been committed by the lower court. The transcript must show the error di- rectly, not by way of inference or presumption." In the same case, in construing Section 1737, supra, the court held that the only mode of presenting the papers used upon hearing in the district court is by fomlal bill of exceptions. It was said in State ex rel. Pierson v. MUlis, 19 Mont 444, 48 Pac. 773, that on appeal from an order the papers used on the hearing might also be identified by a certificate of counsel, under Section 1739. This view seems to have been approved in Rumncy Land & Cattle Co, v. Detroit & Montamn Cattle Co., supra, and also in the later case of Beach v. Spokane Rwnch & Waier Co., 25 Mont 367, 65 Pac. 106. In none of these cases however, was the extent of the authority of attorneys under Section 1739 before the court for consideration. The state- ments in them were made in the course of the argument by way of illustration. We take occasion now to say that we doubt whether that section is susceptible of the construction assumed in these cases to be proper. We think the authorily given by it extends no further than to permit counsel by their certificate to obviate the necessity of a certificate by the clerk as to the correctness of the copies contained in the transcript As was held in the first two cases cited, the clerk may not certify the papers as those used, or the only ones used, on the hearing. IKTeither, in our opinion, may the attorneys do so. We shall 26 Mont] King v. Lincoln. 157 therefore not feel bound by these cases when the point properly arises. In the present case the. papers used on the hearing of the motion were not identified in any way. The only papers before us, therefore, are the copy of the order and of the notice of appeal; and, it not being made to appear that any error was committed in the making of the order, it is affirmed. Remittitur forthwith. Affirmed, KING, Respondent^ v. LINCOLN, Appellant. •zs sei 26 157 81 136 (No. 1,365.) 31 362 32_J3\| (Submitted November 12, 1901. Decided December 9, 1901.) '26 ^ Appeal — New Trial — Statement — Insufficiency of Evidence tj ,« 496 Justify Verdict — Account Stated — Jury — Bound by Charge. 1. Where the only specification in the statement for a new trial is that the evidence is insufficient to support the verdict "in finding for the plaintiff in the sum of $95.70, with interest," and that the "verdict is contrary to the evidence," there is a failure to comply with the requirement of Code of Civil Procedure, Sec 1173, that when the motion is for insufficiency of evidence the statement shall specify the particulars in which such evidence is alleged to be insufficient 2. An appellant cannot complain of an error, in an instruction, which is In his favor. 3. A Jury is bound by the law given by the court, whether correct or not, — except, possibly, in prosecutions for libel. 4. Evidence reviewed, and held, that a finding by the Jury, that there was an account stated, was contrary to the law as given by the court, and that the court should therefore have granted a new trial, even though it became satisfied that its instruction was wrong. Appeal from District Court, Fergus County; Dudley Du Bose, Judge. Action by Joseph King against Alvin Lincoln. From a judgment for plaintiff, and from an order dcmying a new trial,, defendant appeals. Reversed. 158 King v. Lincoln. [Decs. T/01 Mr. Wm, iL Blackford and Mr. F. E. Stranahan, for Ap- pellant. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court Action upon an account stated. The complaint alleges that on September 29, 1897, at the city of Chicago, 111., an account was stated between the plaintiff and the defendant, and that there was found due from defendant to plaintiff a balance of $95.70, no part of which has been paid. Judgment is de- manded for this sum, with interest from the date of settlement The defendant makes specific denial of all these, averments, except his failure to pay the alleged balance, and then avers affirmatively that in August, 1897, he and plaintiff entered into an agreement whereby they associated themselves tc^ther for the purpose of rounding up cattle owned by them, respectively, then running upon the Judith range, in Fergus county, Mont., in order to ship them to market at Chicago, 111. ; that by the terms of the .agreement they were to charge $2 per head for all stray cattle collected and shipped ; that the fund thus collected should be applied to the payment of the expenses of the round- up, so far as it would pay them; that any balance left over should be paid by the plaintiff and defendants in amounts pro- portioned to the number of cattle shipped by each; that the round-up and shipment were completed, and the cattle sold in Chicago on or about September 29, 1897 ; and that on or about that date the plaintiff and the defendant came together to settle their accounts, but that no agreement was reached or balance found, for the reason that plaintiff refused to give defendanc credit for certain receipts for strays collected and for calves branded during the round-up. Demand is then made for an accounting and for judgment for any balance found due the defendant. The plaintiff in his reply admits that the contract was made as alleged by the defendant, except that, in recognition of a cus- 26 Mont.] King v. Lincoi-n. 159 torn prevailing in that portion of the country, by express terms it was stipulated tJiat no charge should be made for strays col- lected which belonged to persons engaged in neighboring round- ups. He then alleges that the settlement was made and the balance found in accordance with the agreement, as stated, and that the defendant, assenting to its correctness, promised to pay it. Upon a trial the plaintiff recovered a verdict for the amount claimed, with interest, and judgment was entered ac- cordingly. The defendant has appealed from the judgment and an order denying a new trial. 1. It is contended that the evidence is insufficient to justify the verdict. We cannot examine the evidence to determine whether this contention is well founded, for the reason that the statement used in support of the motion for a new trial fails to specify the particulars wherein the evidence is insufficient. The only specification found in the statement is the following: "The evidence is insufficient to support the verdict of the jury in finding for the plaintiff in the sum of ninety-five and 70-100 dollars, with interest. Said verdict is contrary to the evidence." This statement is pregnant with the admission that a verdict for any other amount less than that actually rendered would have been proper, and that it is contrary to the evidence be- cause it was not for a less amount. As an attempt to point out any particular in which the evidence failed, or the absence of any material fact, to warrant the jury in finding as they did, as is contemplated by the statute (Code of Civil Procedure, Sec. 1173), it is inexcusably insufficient (Zickler v. Deegan, 16 Mont. 198, 40 Pac. 410;'Hayne, New Trial & App. Sec. 150), and the trial court was justified in ignoring it. It amounts to no more than a repetition of the ground for a new trial required to be stated in the notice of intention. 2. The next error alleged is that the verdict is contrary to law, in that^ under the definition given by the court in its in- struetions of the expression "account stated," the jury could not from the evidence have found for the plaintiff. In this connection the jury were instructed: "An account stated is 160 King v. Lincomt. [Dec T/01 a document or writing which exhibits the state of account be- tween parties, and the balance owing from one to the other, and when assented to, either expressly or impliedly, it becomes a new contract. An action upon it is not founded upon lie original items, but upon the balance agreed to by the parties. And the general nile is that, when the stated account is ad- mitted, it can be avoided only by averment, and proof of fraud, mistake, etc. But the account^ in order to constitute a con- tract, should appear to be something more than a mere memo- randum. It should show upon its face that it w^a^ intended to be a final settlement up to date; and this should be expressed with clearness and certainty." This paragraph of the charge is quoted substantially from the opinion in Coffee v. Williams, 103 Cal. 550, 37 Pac. 504. Whether it embodies a correct statement of the law we may not upon this appeal undertake to determine, for the reason that the appellant did not on the motion for a new trial in the court below, nor does he now, question its correctness. Furthermore, even if it be conceded that it is erroneous in requiring in proof of the account stated a writing, — ^more than a mere memorandum, — showing upon its face that it was intended to be a final settlement up to date, this would be an error in appellant's favor, and he would be in no position to complain ; for from this point of view it cast a greater burden upon the plaintiff than he should have been required to sustain. For the determination of the question presented by the assignment^ however, it is a matter of no mo- ment whether it is a correct statement of law or not. As a declaration by the court of the law in this case, the jury were bound to accept it as authoritative, and to apply it to the facts submitted in evidence. They were not at liberty to disregard it, and find a verdict according to their own notiooos of what the law is. Their province was to find the facts. The province of the court was to declare the law. A verdict found in dis- regard of the authoritative declaration of the court, made for their guidance, cannot be permitted to stand, whether the law thus declared be right or wrong. These appropriate and dis- 26 Mont] King v. Liwcoj-n. 161 tinct functions of the court and jury were discussed and defined by this court in Mvrray v. Heinze, 17 Mont 353, 42 Pac» 1057, 43 Pajc. 714, and, after an examinatioDj of the adjudged cases upon the subject, it was held that> where it is apparent that the jury have disregarded the instructions given, a new trial should be granted without regard to whether the instruc- tions are correct in point of law. Though there is a conflict of authority upon this subject, the rule as stated in the case cited we believe to be based upon better reason. To say that it is not error for the jury to disregard the authority of the court^ and to find according to their notions of the law, is to say that they are the judges of the law as well as the facte, — a doctrine never recognized in this jurisdiction, except^ possibly, in prose- cutions for libel, which are r^ulated by express constitutional provision (Constitution, Art III, Sec 10). Upon looking into the evidence, it is apparent that the jury found that there was an account stated between the parties as claimed by the plaintiff, and that the balance ascertained was the amount found by the verdict At the time of the alleged settlement there were present the plaintiff, the defendant, and one Shipman, who acted as clerk for them. The plaintiff had paid ahnost all the expenses of the round-up, and had collected all the stray fees. The three sat around a table. The plaintiff had with him three receipted bills, with check stubs to show the amounts paid out by him. He called off these items, and they were simmied up by Shipmain on a piece of paper. The defend- ant called off some items of expense paid by him. The plaintiff then stated from a memorandimi the number of strays collected and shipped, and from this was found the amount realized to- ward the total expenses. Then a balance was struck, and it was found that the defendant was indebted to the plaintiff to the amount of $95.70. Neither of the parties had any books or formal accounts kept by themselves, nor was a formal ac- count made out by Shipman. The amount due, as he says, was what they were after. When the balance was announced by Shipman, the plaintiff pushed all the papers across the table Vol. xxvi-11 162 KiNQ V. Lincoln. [Deo. T.'Ol toward the defendant, who did not examine them, but pushed them aside, expressing himself as satisfied. He thereupon called for a blank check, but before filling it out he and plain- tiff began to discuss the disposition by plaintiff of money col* iected by him for branding calves during the round-up. The defendant claimed that he was entitled to half of this, which the plaintiff disputed. Thereupon they began to quarrel Fi- nally the defendant left, followed soon after by Shipman and plaintiff. All the papers and memoranda were left lying upon the table. This is the substance of the proof offered by the plaintiff. The defendant's evidence tended to show an attempt to reach a settlement as he alleges, but that no result was reached It is manifest from this resume that the result reached by the jury was imposedble, under the instruction quoted ; for there is nothing to show that the conference between the par- ties terminated in a formal written statement — something more that a mere memorandum — of the mutual accounts, showing upon its face that it was intended to be a final statement up to date, and expressed with clearness and certainty. Clearly, the jury disregarded the explicit direction, and concluded tiiat the memorandum made by Shipman, the form and contents of which are not shown, was sufficient under their own conception of what was required, proceeding upon the theory that, inas- much as the defendant had assented to the balance found, he should be held to abide his agreement The district court should theref9re have granted a new trial, even though, upon consideration, it became satisfied that the instruction was wrong. As stated above, the condition of the record precludes an ex- pression of opinion at this time, either as to the sufficiency of the evidence to support a verdict for the plaintiff or as to the correctnees o£ the instruction in point of law. We may go no further than to require the cause to be tried under the law as it shall be expounded by the court. The judgment and order are reversed, and the cause is re- manded, with direction to grant a new trial. Reversed and remanded. 26 Mont] CowBLL v. Mat et al. 168 Ml 120 COWELL, Bespondent^ v. MAY bt al.. Appellants. \|,JJ }^ (No. 1,879.) (Bnbmlttad Nor«mlMr 19, 1901. DeelAad DMember 9, 1901.) Gamishmeni-^Contingent Liabiliiy — lAahHUy of Garnishee"^ Evidence — Findings — Supplemental Findings. 1. In order to cliargo a famlshee, tbere miut be at the time af the eerrlee a debt dne or to become doe, and not a contingent llabiUtj or a conditional contract merely. 1 One whoae land had been sold under foreclosure, and agalnat whom a. de* flciency Judgment had been entered, contracted to sell his eQulty to the purchaser on the foreclosure for a certain sum, if the purchaser would se- cure and deilTer to the debtor a receipt from the judgment creditor for all sums due him from the debtor. The debtor executed a deed, and deposited It in escrow, to be dellTered to the purchaser on tlie deliTery of the receipt, and the payment of the balance of the purchase price, $10 being paid at the time. Prior to any deliyery of the receipt or any waiver of the same on the part of the debtor, the execution purchaser waa serred with gar* nishment process at the suit of the Judgment creditor. Held, that the pur. chaser was not liable, his liability to the debtor kiaTing been merely contin- gent. 8. Implied flndinga may sppplement, but they cannot be allowed to contradict, express findings. 4. It was proper to admit evidence showing that after service of the garnish* ment process, the deed in escrow was destroyed, and another one made, and the entire consideration paid, for the purpose of showing what the original terms of the contract were at the time the process was served. 5. The trial court having found the facts as to the contract as originally made, and that there had been no delivery of the receipt, or waiver thereof, findings to the effect that the destruction of the deed in escrow after ser- vice, and the giving of another deed, and the payment of the consideration, were for the purpose of evading the garnishment process, could not aid the plaintiff. Appeal from District Court, Bavalli County; F. H. Woody, Judge. Action by Charles L. Cowell against Albert May and George May^ co-partnere under the firm name and atyle of May Broth- ers. From a judgment in favor of plaintiff, defendants appeal. Reversed. Mr. C, B. Calkins, for Appellants. Mr. Frank Woody, for Respondent. 164 CowELL 17. May et al. [Dec T.'Ol MR JUSTICE PIGOTT delivered the opinion of the court. The defendants puchased at sheriff's sale under a decree of foreclosure, the land of one Harris. Upon the coming in of the sheriff's return, on the 8th day of July, 1897, a deficiency judgment for $290 was docketed in favor of Cowell, the plain- tiff in that action and also the plaintiff in this, and against Harris, the defendant therein. On the 10th day of July, 1897, the defendants, being desirous of obtaining immediate pos- session of the land so purchased by them, entered into nego- tiations with Harris^ they offering to pay him for his equity of redemption the sum of $350, and Harris promising to convey for that price if he could get a receipt from the plaintiff in full of all demands. On the next day Harris signed and acknowl- edged a deed therefor and left it in the possession of one Cal- kins upon the express condition, agreed to by the defendants, that he should not deliver it until the defendant Albert May delivered to Calkins a receipt in full of all claims and demands which. the plaintiff held against Harris. The condition in re- spect of the receipt was shown to have been for the benefit of Harris only, the performance of which he might waive. There was no evidence tending to prove that the defendants, or either of them, promised , to procure or deliver the receipt The re- ceipt was never obtained. At the time the deed was signed the defendants paid $10 to Harris on the purchase^ price. There- after, but on the same day, the plaintiff caused the sheriff to serve upon the defendants a copy of the writ of execution is- sued upon the deficiency judgment^ together with a notice that any debts owing by them to Harris were attached. The defend- ants made answer to the garnishment by denying that they were, or that either of them was, indebted to Harris. On the 13th day of July, 1897, Calkins, with whom the deed. had been left in escrow, prepared another deed in which Harris was named as the ;grantor and the defendants as the grantees, con- veying the same property described in the first deed. In com- pany with one of the defendants. Calkins went to^the ranch of 26 Mont] CowELL v. Mat et al. 165 Harris, returned to him the first deed, and requested him to sign, acknowledge and , deliver the second one. This he did, and the defendant who was then present paid to Harris $340, the remainder of the purchase price; Thereafter the court,. by an order to that effect^ authorized the plaintiff, who, as we have said, was , the judgment creditor of Harris, to institute an ac- tion against the defendants for the recovery of the alleged debt owing by them to Harris; whereupon this action was com- menced ^ under the provisions of Section 1266 of the Code of Civil Procedure. The complaint states the formal matters re- quired in an action of this character, and alleges that at the time of, the service of the copy of the execution and of the notice on the defendants, they were indebted to Harris in the sum of $340, and prays for judgment that the defendants be. compelled to pay to the plaintiff a sufficient amount therefrom to satisfy his judgment against, Harris. The defendants by answer de- nied that at the time of the garnishment they, or either of them, were, or was, indebted to Harris in., any sum whatever. In this statement are set out such facts as we deem relevant to the only question necessarily presented, on the appeals; what other mat- ters the evidence may have tended to prove need not be recited. The court found for the plaintiff and rendered judgment in his favor. From the judgment and order refusing a new trial the defendants prosecute these appeals. The single question upon which the case as presented to this court must be decided, is whether or not the defendants were indebted to Harris at thej time the garnishment was served upon, them. The court made special findings of fact, the fourth and fifth of which are as follows : "Fourth. That on the 10th day of July, 1897, when the notice of garnishment was served on the defendants, the said Benjamin N. Harris had executed a quitclaim deed of his equity of redemption to a tract of land to said May Brothers, for a valuable consideration upon the fol- lowing conditions, to-wit : Said Harris placed said deed in the hands of C. B. Calkins, and at the same time instructing said Calkins not to deliver said deed to said May Brothers, until 166 CowB}LL V. May bt al. [Dec T/01 Albert Maj; one of the firm of said May BrotiierSy should de- liver to said Calkins a receipt in full of all claims and demands which one Charles L. Cowell had and held against said Harris^ and that upon the delivery of said receipt^ the said Calkins was to deliver said deed to May Brothers, they paying to said Har- ris a balance of $340, they, May Brothers, having already paid to said Harris $10 at the time of the execution of said deed. Fifth. That said Albert May did not procure said receipt from said Cowell, or attempt so to do." Both parties agree that these findings are correct, and although implied findings may supplement they cannot be allowed to contradict express find- ings. Under the evidence it is unquestionable that there was a contract entered into between May Brothers and Harris for the purchase and sale of the equity of redemption. It Is equally true that, under the fourth finding, the stipulations in the contract were mutual and dependent, and the liability of the defendants conditional, — ^in other words, they would not become indebted to Harris unless and until Albert May deliv- ered to Calkins a receipt in full running from; CoweU. to Har- ris, or Harris waived such delivery. The defendants did not expressly promise to obtain or deliver the receipt, nor did any legal duty or obligation so to do rest upon them, or either of them. To get it might have been impossible. If they did not get it and Harris did not waive the fulfillment of this condi- tion, the executory contract of sale would fall and there could be no cause of action in favor of Harris against the defendants arising out of the nonpayment of the purchase price. They had, it is true, agreed with Harris to make the purchase and to pay him $350, and they had paid him $10 of the price, but that agreement was subject to the condition just mentioned. Unless the fulfillment of the condition was waived by Harris, the delivery of the receipt was a condition precedent to the ex- istence of a debt The procurement and delivery of the re- ceipt was an act which Harris required to be done for his bene- fit, and for his benefit only ; and if Albert May had delivered the receipt to Calkins, then Harris would have possessed the 26 Mont] CowBLi* v. May bt al. 167 right (perhaps without a formal demand of payment, but in any event after such demand) to maintain an action against the defendants for the unpaid purchase price; but until the receipt was delivered, or until Harris waived its delivery, there was no indebtedness owing by the defendants to Harris Such was the condition at the time the garnishment was served. Har- ris might have waived the performance of the the condition precedent to the defendants' liability, and this waiver wouH have created a liability certain, the right to enforce which would have inured by subrogation to the plaintiff; but Harris did not do so until after the defendants were served. Although the immaturity of a debt at the time of garnishment is, of it- self, unimportant in so far as the ultimate liability of the gar- nishee is concerned, yet, in order to charge him, there must be an existing debt at the time of the service, — ^a contract under which a debt may or may not arise is not sufficient. There must be at the time of the service a debt due or to become due, and not a contingent liability or a conditional contract merely. "The debt from the garnishee to the defendant, in respect of which it is 'sought to charge the former, must moreover be absolutely payable, at present or in future, and not dependent on any con- tingency. If the contract between the parties be of such a nature that it is uncertain and contingent whether anything will ever be due in virtue of it, it will not give rise to such a credit as may be attached ; for that cannot properly be called a debt which is not certainly and at all events payable, either at the present or some future period," (Drake on Attachment, 7th Ed. Sec. 651.) Except in so far as the necessity of mak- ing a demand for payment (if such necessity would have ex- isted) is concerned, the plaintiff stands in no better position than Harris; the former was subrogated to the rights of the latter. The question whether the defendants are liable to the plaintiff may be tested by inquiring whether Harris, without waiving his right to the receipt from Cowell, could have main- tained an action against May Brothers at the time of the gar- nishment. Let it be supjwsed that Harris had sued the defend- 168 Co WELL V. May et ax. [Dec T/01 ants on July 10, 1897, to recover judgment for $340, alleging the matters stated in findings four and five, a demand and a refusal on the part of the defendants to pay the money or de- liver the receipt, and that he did not waive the performance of the condition touching the receipt, but would insist upon the performance of that condition as prerequisite to the delivery of the deed ; is it not apparent that the complaint would be de- murrable for want of substance? Or if the plaintiff had brought the present action while the original contract was in force and before the transaction of July 13, is it not perfectly clear that the defendants would prevail because at the time of the garnishment they did not owe a debt to Harris? Again, let it be supposed that the defendants, upon being garnished, paid to the sheriff the remainder of the purchase price, as they may do under Sections 900, 903, 1218, and 1262 of the Code of Civil Procedure (if they are indebted to the principal de- fendant), and thereupon had demanded of Harrii* the delivery of the deed, asserting that they had fully performed the con- ditions on their part; could the defendants compel Harris spe- cifically to perform the contract by delivering the deed of con- veyance? Would not the court declare that the payment tx> the sheriff was not the liquidation of any debt owing by the defendants to Harris, but was merely voluntary? We think such would be the case. The plaintiff is in no better situation than Harris would have been under the circumstances suggestel in the first example. For aught that appears, the receipt re- quired by Harris might never be obtained ; if not obtained by the defendants or waived by Harris, there could be no liability of the defendants to him under the terms of the original con- tract The case of Baltimore & Ohio Railroad Company v. McCullongh & Company, 12 Grattan, 595, wherein the court held the garnishee not liable, involves the consideration of a question identical in principle with the case at bar. Other special findings have to do with the conduct of the defendants and Harris after the service of garnishment. Among them is one that there was no new bargain on July 13 when the 26 Mont] Co WELL v. May bt al. 169 old deed was surrendered, the new deed delivered and the pay- ment made, and that the transaction of that date was for the purpose of avoiding the effect of the garnishment of July 10. In passing we remark that the first part of this finding con- flicts with the fourth finding, for Harris delivered the new deed and accepted payment without requiring the defendants to com- ply with the condition of the first contract touching the receipt from Cowell ; and as to the ,latter part of the finding, we ob- serve that the ^motive imputed may have existed, but if the fourth and fifth findings be correct there was no debt attached by the process of garnishment With respect to this finding and all other findings subsequent to the fifth, it is sufficient to say that, while evidence of the facts to which they relate was ad- missible because of its tendency to prove what the terms of the contract of July 10 were and whether there was an indebted- ness owing by the defendants to Harris at the moment of ser- vice, they cannot, in view of the fourth and fifth findings, sub- serve any purpose. It was for the court below to draw from all the evidence the inferences of fact and declare what the con- tract was and whether a debt existed. The only legitimate con- clusion ultimately deducible from findings four and five is that the contract to purchase was conditional and the liability of the defendants contingent; that at the time of the garnish- ment the condition upon which depended the liability of the defendants for the remainder of the purchase price had not been performed by them or waived by Harris, and hence that there was no debt Under the findings, we must therefore hold that at the time of the garnishment the defendants were hot indebted to Harris, and hence that there was no debt attached by the process of garnishment For these reasons the judgment and the order appealed from are reversed and the cause is remanded for a new trial. Reversed and remanded. 170 POBTBE BT AJj. V. InD. PtG. Co. [DcC T/01 PORTER ET AL., Appellants, v. INDUSTRIAL PRINT- ING COMPANY, Respondent. tNo. 1,846.) (Submitted October 9, 1901. Decided December 0, 1901.) Appeal — Opinion of Trial Court — Consider aiiorv — New Trial — Statutory Grounds — Ruling Preventing Fair Trial — Ac- cident— Surprise. 1. New trials are statutory ; If granted, they must be granted upon statutory grounds, and none other. 2. Though the opinion of the trial court cannot be considered as any part of the case, where It is submitted by all the parties in their briefs, without objection, it may be read as BUggestive of what may be the Just determina- tion of the case. 3. A trial court found certain counterclaims to have been sufBciently pleaded, and defaulted the plaintiff as to the same, on failure to reply ; relying on which default defendant Introduced no evidence, on reference of the case, to prove the counterclaims. The court adopted the findings of the referee, but declared that part of the counterclaims only were sufttclently pleaded. Held a new trial would be. allowed defendant, as such action of the court was surprise and accident which ordinary prudence could not have guarded against. Mr. Chief Justice Bbantly dissenting. Appeal from District Court, Cascade County; J. B, Leslie, Judge. • Action by W. N. Porter and B. W. Porter, partners doing business under the firm name of Porter Brothers, against the Industrial Printing Company, a corporation. Judgment for plaintiffs. From an order granting defendant's motion for a new trial, plaintiffs appeal. Affirmed. Mr. John W. Stanton and Mr. Oeo. H. Stwnion, for Appel- lants. 1. There were issues of fact arising upon the allegations of the complaint controverted by the answer, but as to such issues 26 Mont] PoBTBB ET AL. V. Ind. Ptg. Co, 171 the same were disposed of by consent of the parties in their agreement to adopt the findings of fact of the referee; as to this feature of the case it was error for the court to grant a new trial. 2. There was no issue of fact arising upon the allegations of the counterclaims set up in the answer because there was no reply controverting such allegations; therefore there was only an issue of law arising upon the allegations of the counter- claims. The Code does not provide for a new trial of issues of law. A new trial is a creature of the statute and there is no authority for it on an issue of law ; therefore the court had no authority and it was error to grant a new trial as to the issuea of law arising upon the allegations of the counterclaims. The right of new trial is founded upon Section 1171, Code of Civil Procedure. The same Code defines issues of fact and issues of law. Code of Civil Procedure, Sec. 1170 : A new trial is a re- examination of an issue of fact in the same court after a trial and decision by a jury or court or by referees. (Raansdell v. Clark, 20 Mont 106 ; Beach v. Spokane B. & W. Go,, 21 Momt 9; Code of Civil Procedure, Sees. 1030, 1031, 1032, 1033.) In Beach v. Spokane, supra, it is held that an issue of fact upon which a new trial can be granted is such an issue only as is raised by the pleadings and that a new trial of a motion is not authorized by the Code. It was error for the court to grant a new trial as to any issues risr ing out of the complaint and answer for the reason that the findings of the referee in favor of plaintiffs for $1,308.83 were adopted by the court on the motion of the defendant and of the plaintiffs. Both parties were satisfied and agreed upon these findings and agreed and consented that the plaintiffs should have credit for $1,308. 83. If there had been any error respect- ing any ruling of the court upon the alleged counterclaims for which a new trial oould be granted, the court should have granted a new trial only to the extent of trying such issues, and should expressly declare in the order granting a new trial that 172 PoBTEB ET AL. V. Ind. Ptg. Co. [Dec T/01 the findings of the referee should stand in favor of plaintiffs to the full extomt of $1,308.83. (Rader v. Barr (Oregon, 1892), 29 Pac 889; Port v. Parfit (Washington, 1892), 30 Pac, 328; Scatena v. Calif omia Camveries Co., 115 Cal. 14, 46 Pac. 737 ; Schmidt v. Oregon G. M. Co., 40 Pac 406; Beach, Mod. Eq. Prac. Sec. 795; Armstrong v. Cooper, 11 111. 540 ; Erlanger v. S. P. R. Co., 109 Cal. 395, 42 Pac. 31; Francaise D'Epargner v. Beardslee, 63 Cal. 160; Thomp- son V. Connolly, 43 Cal. 636 ; Mecham v. McKay, 37 Cal. 158, and the case there cited; Meerholz v. Sessions, 9 Cal. 278; Bretherton v. Hart, 11 Cal. 406.) In the cases above cited there was no motion to dismiss and the judgments were affirmed because the court would not review a judgment or order made by consent of the appellant, but in. Ovllahan v. Morrissey, 73 Cal. 297, 14 Pac. 864, the appeal was dismissed because the judgment was entered with the consent of the appellant ; and in San Francisco v. Certain Real Estate, 42 Cal. 513, the court said: "It is objected in limine that we ought not to entertain this appeal for the reason that the judgment from which it was tal^en was entered pro forma, and by consent If the reeord discloses this fact, it would be our duty to dismiss the appeal as we have repeatedly decided that we will not review judg- ments or orders entered by consent'* In the case at bar if defendant had taken an appeal, this court would not review the order of the lower court adopting the findings of the referee, because such order was by consent of all parties, and for the same reason the lower court should have refused to review such order on the motion for a new trial. In re Lorenz^s Estate, 57 Pac. 381 ; Coryell v. Cain, 16 Cal. 572 ; Spimtti v. Brignardella, 53 Cal. 281 ; Er- langer V. Railroad Co., supra.) If there had been a reply, the court might grant a new trial as to issues arising upon the counterclaims and the reply and re- fuse a new trial as to the issues of the oomplaint and answer, be- cause the court may grant a new trial as to part of the issues and deny it as to other issues. A new trial may be granted as 26 Mont] PoBTEB ET AL. v. Ind. Ptg, Co, 173 to one or more causes of action set up in a petition, and refused as to others. {Woodwao'd v. Horsi, 10 Iowa, 120; Bond v* Wabash, etc., 67 Iowa, 713 ; San Diego Land & Town Co. v» Neale, 78 Cal. 63, 20 Pac. 372 ; Duff v. Duff, 35 Pac. 437 ; Jacob V. Carter, 36 Pac. 381 ; Hamilton v. Nelson, 22 MonU 539, 57 Pac. 146.) Section 1030, Code of Civil Procedure, provides that there aie two kinds of issues, to-wit, one of law, and one of fact There were issues of fact in the case at bar arising upon the complaint and answer, which issues of fact became conclusive by reason of de- fendant's consent in adopting the report of the referee. There was no issue of fact as to any counterclaim whatever because of the simple reason that there was no reply. The district court has no jurisdiction to grant a new trial except as to an issue of fact. That court should never grant a new trial as to an issue of law, but that is exactly what the court did in the case at bar* If defendant had any grievance because of the judgment the court had rendered, the only remedy of defendant was to pre- serve its bill of exceptions and take its appeal to the supreme court, where the error of law, if any, might be reviewed. If the Code provided that the district court could grant a new trial on an issue of law, the case would be quite different, but there is no such provision. (Perkins v. McDowell, 23 Pac. 71 ; Powder River Cattle Co. v. Custer County, 9 Mont 145 ; Har- per V. HUdreth (Cal.), 33 Pac 1103; Emerson v. Eldorado Ditch Co., 18 Mont 252.) We have shown that an issue of fact did not arise as to the counterclaims because there was no reply; therefore as to the counterclaims there was only an issue of law because the ques- tion as to whether such counterclaims stated facts sufficient to constitute a cause of action or counterclaim is a question that plaintiff did not waive by failure to reply. That question is jurisdictional and may be raised for the first time in the su- preme court The question really was raised for the first time when defendant moved to adopt the findings of the referee and 174 PoBTBR ET Ai^ V. Ind. Ptg. Co. [Dec T.'Ol for judgmeait in it» favor. The caae of Foley v. Foley (CaL), 52 Pac. 122, cLacided February 4, 1898, is dedaive of the queation as to whether the a>urt ooiild grant a new trial as to the counter- claims, because the court holds that since a new trial is a re- examination of an issue of fact, where no answer is filed con- troverting any fact, and judgment goes against defendant with- out a trial on issues of fact^ a motion for a new trial is nuga- tory and cannot be reviewed. It necessarily follows that if the court had denied defendant's motion for a new trial and the defendant had appealed from such order, such appeal could nos be entertained. The proceedings by which the court attempted to grant defendant a new trial as to the issues of law upon the counterclaims were wholly nugatory and therefore the order granting new trial should be reversed. Proceedings for new trial are statutory and the statute should be followed. We maintain that a default by a defendant to a complaint and a default by a plaintiff to a counterclaim are upon the seme footing. The plaintiff in case of default of defendant is enti- tled to judgment on a good complaint. The defendant hi case of default to a good counterclaim is entitled to judgm^it against the plaintiff. Neither a complaint failing to state a cause of action nor a counterclaim faulty in the same respect will sup- port a judgment. (Quimai v. Smith, 49 CaL 163; 67 Cal. 21; Ohm V. San Francisco, 92 Cal. 437.) The effect of plaintiff's motion and objection to the counter- claim is that of a general demurrer. In Herschfield & Bro. v. Aiken et aJ., 3 Mont 442, it was held that an averment in the complaint in an action on a promissory note that the amount thereof is "due and payable" states only a conclusion of law, does not as a fact allege a breach of contract, and is bad on demurrer, citing Frisch v. Caler, 21 Cal. 75 ; Davaney v. Eg- genhoff, 43 Cal 395; Doyle v. Phoenix Ins. Co., 44 Cal. 264; Roberts v. Treadwell, 50 Cal. 520. See also Richards v. Lake View Land Company (California), 47 Pac. 683. In Madison County V. Smith, 95 111. 328, it was held: "A default admits the facts alleged against the defendant to be true but does not 26 Mont] PoBTEs et al. v. Iitd. Ftg. Co. 175 admit that tiioee facts confttitate a caufie of aotion^ so^ if upon default it be found that the facte alleged do no give a right of recovery^ final judgment should not be entered against the de- fendant'' We believe the principles are so well settled that we need not cite authorities to sustain our position that a counter- claim must contain all of the substantive averments necessary in a complaint based upon the same cause of action set out in the counterclaim; that conclusions of law in a pleading are useless and will be treated as if not alleged in considering ob- jections to the pleading ; that the question as to whether a com- plaint or oounterclaim states facts sufficient to constitute a cause of action or a counterclaim is never waived because it is juris- dictional. We maintain that there was no error of law occurring at the trial. If there was it would have to appear by the bill of ex- ceptions of the defendant. Its bill of exceptions does not show any ruling complained of. The motion for a new trial really was based and must have been granted on the affidavits of counsel for defendant. The most that can be said in its favor is that defendant obtained its new trial on the ground of "sur- prise." So we must conclude that the motion was granted on the affidavits alone. Therefore it becomes necessary to ascer- t-ain, if we can, the gist of the accident or surprise complained of, whether it be ca:lled "irregularities in the proceedings of the court," or "accident or surprise which ordinary prudence could not have guarded against'' It is clear the motion was granted either on subdivision one or three of Section 1171, Code of Civil Procedure. The "irregularity" or "accident or surprise" consisted in this as appears from the affidavits : That at some remote period of the proceedings and long before the default of plaintiffs was entered for failure to reply to the counterclaims, the plaintiffs had moved to strike out the counterclaims because the same were sham and irrelevant or did not state facts suffi- cient to constitute a cause of action or counterclaim. From the affidavits it is to be presumed. such motion was denied and for that reason counsel for defendant believed they had a good 176 PoBTEB ET AL. V. Ind. Ptq. Co, [Dcc, T/01 pleading. Evidently counsel for plaintiff did not concur in that belief because they refused to reply to the counterclaims and suffered default to be entered. Afterwards the issues of the oomplaint were referred to a referee who reported his find- ings of fact Afterwards defendant moved to adopt such report by its written motion. On the hearing of this motion counsel for plaintiffs moved for judgment and in view of the fact that both parties agreed to adopt the findings, that motion was ar- gued on the question as to whether such counterclaims do state facts sufficient to constitute causes of action. It is very evident that the court did not change its ruling "at the trial." If the court held the counterclaims good or for any other reason de- nied the motion to strike them out prior to entering the plain- tiffs' default on May 4, 1898, surely that ruling was not made at the trial. At beet it cannot be said that the trial took place prior to the hearing before the referee in June, 1898, nor did such trial end until the court decided the motion for judg^ ment on July 28, 1898. Therefore, if the court changed its ruling, it did not do so "at the trial'' At no time before judgment, when the trial ended, did defendant offer to amend its answer or counterclaims. It maintained that the counterclaims were good and stood by such assertions until the court held them bad and gave judgment accordingly. So it cannot be said there was any ir- regularity in the proceedings of the court by which defendant was prevented from having a fair trial. It cannot be said that there was any accident which ordinary prudence could not have guarded against, nor can it be said there was any surprise which ordinary prudence could not have guarded against The court must have granted the motion for a new trial on the affidavits of counsel for defendant and on the sole ground of "surprise'* in a change of ruling. The power to grant new trials on the ground of surprise should be carefully, even cautiously exercised. It is also the rule that reasonable diligence must have been used in preparing for trial, and we take it that this means reasonable diligence and care must be used in preparing pleadings. 26 Mont] PoBTEs bt ai^ v. Ind. Ptg. Co. 177 In the case at bar the court, long prior to the time when It was referred to the referee, erroneously refused to strike out the counterclaims; at least it is to be presumed from the aflSda- vits that the court refused to sustain a motion to strike, thus it appears that the attention of counsel for defendant was di- rectly called to the weakness of the counterclaims before the case was sent to the ref erea What better notice should defend- ant have than the attack upon the counterclaims by motion^ and the fact that the plaintiff suffered default thereby indicat- ing a determination to abide by their position ? If the counter- claims were bad it was the fault of the defendant who could not be surprised in view of the assault so early made upon them. On the motion for judgment the plaintiffs again make an as- sault upon the sufficiency of the counterclaims; the court took the matter under advisement for three weeks ; during all this time the defendant vigorously defended the counterclaims but never at any time until after judgment did the defendant offer to amend its answer or counterclaims. The whole theory of defendant on motion for a new trial and adopted by the court was simply this^ that the court had changed its ruling in holding certain counterclaims bad on motion for judgment. We know of no authority holding that if the court once makes an erroneous ruling the same error shall be re- peated. The court on motion for judgment should make a correct ruling and give a correct decision no matter what other ruling had been mad& When the motion for judgment was argued and counsel for plaintiffs combatted the counterclaims on the ground that they did not state sufficient facts, then the attention of counsel for defendant was again called directly to the point on which the court was asked to rule, namely, the sufficiency of the counterclaims. Counsel for defendant had no right to stand by their pleadings until they could get a decision on the motion for judgment which, if favorable to them, they would abide by,, but if unfavorable they would complain of as a surprise. On the motion to strike, and again on the motion for judgment, the Vol XXVI-12 178 PoRTEB ET AL..1;. Ind. Ptg. Co. [Dec. T/01 defendant had notice oi the contention of plaintiffs that their counterclaims were bad ; and being charged with a knowledge of the law, they always knew their pleading was bad; it was too late after the judgment to ask to amend their counterclaims. In law they could not be surprised because the court ruled ad- versely to them ; th^ could not be surprised because the plead- ing was bad, because they had prepared it, and coimsel for the plaintiffs had shown what the law says they knew, that it was indeed very bad. Being charged with a knowledge of the law, and having the law pointed out to them, they should be pre- cluded from asserting surprise in any manner whatever. There could be no surprise or accident which th^ could not have guarded against before the adverse decision giving judgment. If they had sufficient facts they should have adhered to our simiple rule of pleading — state the facts. Suppose the court did deny the motion of plaintiffs to strike the counterclaims, such ruling was erroneous ; but that did not preclude the court from ruling correctly on the motion for judgment. (Sherburne V. Strawn et ai. (Kansas, 1893), 34 Pac 405.) We make the point that if the court erred in changing its ruling as claimed by defendants, that is, refusing to strike the counterclaims and then afterwards on motion for judgment holding the counter- claims bad, that such a ruling is an error of law and not sur- prise We make the further poin^t that such an error, if any, must appear from the bill of exceptions and not by affidavit Therefore it was error to support such an error by affidavit On this feature of the case we submit the court committed error in granting the new trial. We submit the decision of the court giving judgment was correct That there was no accident or surprise whicli ordinary prudence could not have guarded against^ nor was there any irregularity in the proceedings of the court to the prejudice of the defendant We further sub- mit that no matter how many errors might have been commit- ted by the court, the defendant is concluded and estopped from complaining of the action of the court in adopting the findings of the referee; the defendant could not urge any objections 26 Mont] PoBTjKB BT Ai.. .«. IwD. Ptq. Co. 179 thereto if it had taken an appeal from the judg^nent. That the defendant, if the motion for new trial had been denied, could not appeal therefrom as to the issues of fact ariising upon the complaint because as to such it vf^A estopped and concluded, and as to the issues arising upon the counterclaims the same are not issues of fact but issuer of law, not subject to a new trial, and therefore as to sudi issues of law the defendant could not appeal froJn the order if its motion for new trial had been denied. It necessarily follows that the defendant pursued a course wholly unauthorized in law in the proceedings for new triied. The only remedy the defendant had for a review of any action or ruling of the court was to appeal directly from the judgment, in which case the erroneous ruling complained of would have to appear from its bill of exceptions. Messrs. Greene £ Cockrill, Mr. F. A. Merrill and Mr. Pres- ton H. Leslie^ for Respondent. MR. JUSTICE MILBURlSr delivered the opinion of the court This is an appeal taken by plaintiffs from an order granting the defendant's motion for a new trial. The plaintiffs com- menced an action to recover a sum of money from the defend- ant. On the 10th day of March, 1898, the defendant answered, making certain denials, and attempting to set up certain coun- terclaims; thus seeking to recoyer of plaintiffs a total sum largely greater than th0 amount sued for by the plaintiffs. On the 4th day of May, 1898, the defendant filed its praecipe^ ask- ing for default of reply to the counterclaims, and the clerk, in pursuance of the demand, entered the default. On May 9, 1898, the plaintiffs filed a reply to the counterclaims, denying each of the allegations of the answer. On May 11, 1898, the defendant filed its motion to strike the reply from the files, be- cause not filed in time, which motion was afterwards granted, plaintiffs excepting. The cau^e was by consent referred to a referee to make and report findings of, fact Proof was made 4 180 PoRTBB ET AL. V. Ind. Ptg. Co. [Dec T.'Ol by the plaintiffs, and the referee found for them on their claims in the sum of $1,808.83. No proof vms made by the defendant in support of its counterclaims ; it, as is now claimed, depending upon the default of plaintiffs. Plaintiffs and defendant severe ally moved the court to adopt the findings of the referee and for judgment The court adopted the findings, and, declaring that only three of the counterclaims of the defendant stated, severally, causes of action, the day after finding for the plain- tiffs entered judgment for them in the amount claimed and proved by the plaintiffs, and for costs, lees the amount of the suflSciently pleaded counterclaims, and $30 penalties, levied upon the plaintiffs as costs upon overruling certain motions. Thereafter the defendant moved the court for a new trial, the principal ground, and the only one, really urged by counsel, b^ing that the court below "changed front," as the court's ac- tion was slyled in Newell v. Meyendorff, 9 Mont, at page 262 (23 Pac. at page 334, 8 L. E. A. at page 442, 18 Am. St Kep. at page 742), and thereby, as the judge declared in giving his reasons for granting a new trial, the defendant was surprised to its damage; and defendant further claims that this surprise was such as ordinary prudence could not have guarded against There is nothing properly in the record to show that the court at any time before judgment held that the answer was bad for substance in respect of any counterclaim. The court's opinions cannot be looked to to determine what was done or not done in the case. The defendant's bill of exceptions does not in any wise refer to any action or decision of the court upon any motion or demurrer relating to the answer. In the specifi- cations of error submitted to the court in connection with the bill of exceptions used on motion for a new trial, one ground is that the court "erred in finding for plaintiffs upon motion for judgment for defendant in holding certain counterclaims insufficiently pleaded, when the court had previously before trial held the same good against a motion to strike them out of the answer," and that the court erred in "ordering judgment for plaintiffs without referring the cause to the referee for a 26 Mont] PoETEB ET Ai/. V. Ind. Ptg, Co. 181 new trial, and allowing defendant to amend its anBwer, by rea- son of the fact that the pleading of the counterclaim [s] had all been held good by the court before the cause was referred to the referee, and no legal right existing whereby an amend- ment might be by the referee allowed '^ But there is no state- ment in the bill of exceptions to show that any such motion (or demurrer) attacking the answer was made, submitted, or de- cided. It appears that at the time of the making of the order made and signed July 28, 1898 (the day before the judgment was rendered), the courts in adopting the findings of the referee, ordered "that judgment be entered in favor of plaintiffs in the sum of $996.95 and costs, credited by defendant taxed costs for * overruled motions against plaintiffs herein," and filed "a memorandum of opinion," in which the judge stated that no objection was made to the findings of the referee, and that 'the only questions that remain are in determining the suffi- ciency of the counterclaims," and that "it is urged by defend- ant that inasmuch as plaintiffs failed to interpose a demurrer, that now, after default, they cannot object to the pleading if it falls short of stating a cause of action." On November 11, 1898, the judge signed, settled, and al- lowed a bill of exceptions on motion of plaintiffs, in which there appears an opinion of the judge, with argument and authorities to support the reasons of the court why it believed that the de- fendant had been surprised by certain action of the court, which action is, after the granting of the motion for a new trial and in the so-called bill of exceptions of plaintiffs, referred to in the following language: "Subsequently to the filing of its an- swer by the defendant the plaintiffs appeared, after notice to the defendant, and moved the court to strike out each, of the six demands set out in defendant's answer as counterclaims, upon the grounds that the same were sham, inelevant, indefi- nite, uncertain, and did not state facts sufficient to constitute a cause of action or defense. Each said demand and counter- claim in defendant's said answer was by said motion sought separately^ to be stricken out After argument the said motion 182 PoRTEtt ET Ai. i;. Ind. Ptg. Co [I^^c. T.'Ol was Bubmitted^ and \the court denied said motion upon the theory that the said matter sought to be stricken out, if defect- ive, should have been assailed by a general demurrer to each counterclaim, and that the remedy was not by motion to strike out I am of the opinion that, as to three of said demands, said motion should have been sustained. (Lomme v. Kvnizvng, 1 Mont. 290 ; S<mds v. Maclay, 2 Mont 35 ; Smith v. D(wis, i Mont 109 ; McMahon v. Thomion, 4 Mont 46, 1 Pac. 724 ; Dodson V. Neviti, 6 Mont. 618, 6 Pac. 358.) Afterwards said cause was referred to Fletcher Maddox to hear the testimony, and find facts and report the same to the court; which was done; and thereupon the cause was submitted to the court upon plead- ings and fitidings of the referee, and judgment was rendered in favor of the plaintiffs, disallowing the three said counterclaims heretofore referred to, and which are specifically set out in the ruling of the court thereon, heretofore made, and were disal- lowed upon the ground that they each failed to state a cause of action. I am of the opinion that the ruling of the court in denying said motion to strike out, and subsequently disallowing said counterclaims, was a surprise to the defendant, within the meaning of Subdivision 3 of Section 1171 of the Code of Civil Procedure, and such a surprise which ordinary prudence could not have guarded against; no reply having been filed, and the default of the plaintiffs on said counterclaims having been entered of record, no evidence was received or offered in sup- port of said counterclaims, and the defendant, perhaps, had the right \o assume that, said motion to gltrike out having bean denied, his coimterclaims were sufljcieaitly well pleaded. (Monson <6 Valentine v. CooJct, Kenney & Co,, 5 CaL 436 ; Carpentier v. Small, 35 Cal. 362; Hartson v. Harding, 40 CaL 267; Tennami v. Pfister, 45 Cal. 272; Hayne on New Trial and Appeal, Sec 37.)' Although we may not consider the opinion of the court below, ' — only its acts, and not its reasons, being properly part of the reicord to be brought to this court on appeal, — still when, as in this ddse, it is submitted by all parties in their briefs that the 26 Mont] PoBTEB ET AL. V. Ind. Ptg. Co, 183 acts referred to in the opinion last above quoted were done at- the time and in the manner stated by the jndge, it is not im- proper or ill^al for ns to assume them to have been done as stated ; and the opinion of the judge, while in no wise to be considered as any part of the case, having, however, been sub- mitted to us without objection, it may, not unwisely, be read and considered by us as possibly suggestive of what may be the just and lawful determination of this appeal. The question to be decided is a close one. Now trials are statutory. If granted, they must be granted upon statutory grounds, and none other. (Ogle v. Potter, 24 Mont 501, 62 Pac. 920.) The record is obscure iri many places, very redundant in others, and absolutely wanting in most important points. If it were not for the fact that the briefs submit to this court matters as part of the case which do not appear in the record, it would be impossible to tell what were the grounds on which hearing of motion for a new trial was had. It is certain from the record and the concessions contained in the briefs of the parties, taken together, that the court had submitted to it and argued before it, on the hearing on motion for a new trial, the fact that, pending answer, it had denied the motion to strike certain counterclaims in the answer, the ground of such motion being as hereinbefore set forth, and the claim of the defendant that such denial was an assurance to it that the court held the answer good in all its counts for substance, and that the "change of front" by the court, after adopting the report of the referee, in that it suddenly, and without notice to the defendant, held the answer bad in several counts, and ordered judgment for the plaintiffs, was accident and surprise, which ordinary pru- dence could not have guarded against, and on account of which a new trial should be granted. The court granted a new trial upon the ground of accident and surprisa If we hold that counselors and attorneys are presumed to know the law at their peril, and that equally, at their jeopardy, they accept as law and worthy of safe dependence the decisions of the court in the proceedings of a cause, then, of course, there is here and now 184 PoKTER ET Ai.. V. Ind. Ptg. Co. [Dcc T.'Ol an end of this discussion. But such has not been the view of this court^ as appears by a perusal of the opinion of Mr. Justice DeWitt in Newell v, Meyendorff, supra. The injured party must have a remedy. Where is it? The motion to strike, conceded to have been made, although called a motion, was also a demurrer, notwithstanding the fact that the court in the bill of exceptions of the plaintiiFs declared that a demurrer had not been filed, the court probably, in its discretion, without notice to the de- fendant, having ruled on the motion as though it were a mere motion to strike, and declining to consider the motion as a de- murrer, it not being in form a demurrer, though such in sub^ stance and effect. This motion attacking the answer for want of substance was overruled. Was not the decision of the court in this denial to be relied upon until the court should reverse its ruling ? Then why should, in common justice, the defendant be mulcted for depending upon the wisdom and consistency of the court? (Jejfree v. Walsh, 14 Nev. 143.) Was not the act of the court in thus misleading the defendant a statutory ground for a new trial ? The court, discovering its error, should have informed the defendant of the mistake, and, pending action upon the motions to adopt the findings of the referee, have given the defendant a chance to amend its answer upon terms, if it saw fit to do so, and, if the defendant amended its answer^ then the matter should have been sent back to the referee for further proceedings before him under the court' j? order to make findings. But the court did not do this. It granted the motion of plaintiffs to adopt the findings of the referee in favor of the plaintiffs, and then gave judgment for them. Afterwards the court, upon motion, seeing its error, hastened to make amends in the interest of justice. All of the cases mentioned herein, as well as the text writer Hayne on New Trial and Appeal, tend to support the opinion of District Judge Leslie in his view that his act was such an accident or circumstance happening in the case as prevented the defendant getting justice on the trial. Defendant was induced by the 26 Mont] PoETEB ET AL. V. Ind. Ptg, Co. 185 court not to introduce anj^ evidence before the referee to support its claims set up or attempted to be stated in the answer. This appears from the aflSdavits of counsel, which affidavits were used on the hearing, as is admitted by counsel. Failure to in- troduce evidence on the trial in this case after default of reply to the counterclaims, was the direct consequence of the action of the court in making an erroneous ruling declaring the answer good. Was not the error of the court, resulting from the mo- tion of the plaintiffs, such an act as was extraneous to the de- fendant, and one entering into the proceedings of the trial, in that it put before the referee and kept before him an answer ajod an order of default of reply thereto, and which, iri effect, told the referee that he need not take any testimony in support of the claims of the defendant, and that the latter need not offer any ? We think so. Then it was an error which could be considered on motion for a new trial. It prevented a fair trial. It rarely happens that such a concatenation of circimistances is presented to a court of last resort as appears herein, there be- ing important omissions from the record uncomplained of, ob- scure specifications of alleged error, ooncessions in briefs of facts omitted from the record, and unusual error of the court below, with an honest desire to correct and remedy it in a way difficult to review and involving very close questions of pro- cedure and practice. In a case with so poor a record, uncom- plained of by appellants or respondent, in respect of important faults, and raising so close a question to be determined, it seems to be the duty of this court to affirm the action of the lower court in granting a new trial, especially when it is so apparent that the court granted it because it had done the judgment debtor an injustice. By suggestion rather than by positive declaration this court in Newell v. Meyendorff, supra, indicates that the point herein considered can be raised and determined on appeal from an order granting or refusing a new trial. In view of the very close questions before us to decide, the writer of this opinion is not willing to have this case considered as a precedent except for such a case hereafter appearing as 186 PoETEE ET AL. V. Ind. Ptg. Co. [Dec* T.'Ol may be identical in all particulars with the one herein treated. The order granting a new trial is aflSrmed. Affirmed. Mr. Justice Pigott: The arguments in support of the order appealed from and the arguments against it seem to me to be of equal legal force. Of course they are not But to my imperfect mental vision the reasons which may be urged upon the one side are as strong as, but no stronger than, those which may be advanced upon the other, — ^they are of equal weight and the scales are in equipoise. Not being satisfied that the court below erred in granting a new trial, I concur in the judgment of affirmance. Mb. Chief Justice Bbantly, dissenting: I do not agree with my associates in the result reached in this case. The tran- script before us embodies the record upon which the order of the district court granting a new trial was made. Besides copies of the notice of appeal and the order from which the ap- peal was taken, it consists of copies of the judgment roll and of a bill of exceptions settled by the judge at the instance of the plaintiffs at the time the order was granted. ,This bill includes not only copies of the affidavits referred to in the majority opinion as filed in support of the motion so far as it proceede<l upon the ground of accident or surprise, but also a copy of a bill of exceptions settled at the instance of the defendant in support of other grounds laid in its motion. !Nowhere in th»^ record, however, do we find a copy of the motion to strike out the counterclaims pleaded in the answer, nor of the order over- ruling the same. For evidence that any such proceeding took place in the district court resort must be had to the opinion of the district judge rendered at the time the order granting a new trial was made and to the affidavits incorporated in the bill of exceptions. In the majority opinion the recitals contained in these papers are permitted to supply the place of papers, to- wit, the motion and the order overruling it, which the law re- 26 McHit] Porter et al. v. Ihd. Ptg* Co. 187 quires to be part of the records of the court as embodying the only evidence to which this court may look to determine, in ti given case, what action has been had therein in the trial court and the grounds therefor. In other words, the recitals in these papers are permitted to take the place of a copy of a motion to strike as well as of the order overruling it; whereas, what is made to appear from the papers actually filed in the district courts and the entries actually made in its journal, are the only things to which the district court itself, or this court, may look in order to be satisfied that such an order was made. In my opinion, we may not lode to these papers for such a purpose. The opinion of the judge has no place in the record for any purpose {Menard v. Montana CerUral Railway Co., 22 Mont 340, 66 Pac. 592; Butte <& Boston Mm. Co. v. Socieie Anonyme des Mines de Lexington, 23 Mont 177, 58 Pac. Ill, 75 Am, St. Rep. 505 ; Cornish v. Floyd-Jones, 26 Mont. 153, 66 Pac 838) ; therefore the recitals therein cannot be consid- ered. The aflSdavits may not by their allegations supply the place of an order which should, if it was ever made, appear in the court journal and in the judgment roll. If we may not con- sider these papers as evidence of the making of the order, the subsequent reversal of which upon the entry of judgment is alleged to have surprised the defendant, but must look only to the record which was before the district court at the time :he new trial was granted, then there is nothing in the record to justify that court in granting it True, these matters are re- ferred to in the briefs of counsel, but the implied admissions thus made that such a motion was filed, and such an or«ler was made thereon, in no way aid the recitals referred to. Omitting these recitals from the record as matters having no place there- in, it fails to show any reason for granting a new trial upon any of the statutory grounds ; for, so far as appears to us, none of the other grounds laid in the motion justify the order, and it seems to have been made for a reason which has no founda- tion to support it except matters which rested in tiio memory of the district judge and of counsel. If there ever was filed 188 Porter bt ai.. v. Ind. Ptg. Co. [Dec T.'Ol in the district court a motion to strike which was treated as a -demnrrep for substance^ and if an order was ever made over- ruling it upon the theory that it was such a demurrer, thus misleading counsel to defendant's prejudice, the evidence of these proceedings should be found in the judgment roll. None being found there, the presumption is that they never occurred, or, in any event, that they never became a matter of record in the district court ; for we must presume that the judgment roll was made up by the clerk from the record as it actually exist& Omissions therefrom, if any, should have been supplied by amendment to the record in the proper way, and not by aflSda- vits of counsel or the mere recitals in the opinion of the judge. To justify the granting of a new trial upon a record such as presented in this case is equivalent to saying that, if the dis- trict judge conceives in his own mind that there exists a reason why a new trial ought to be granted, he may grant it, irrespect- ,ive of the contents of a motion made for that purpose. This court thus establishes a precedent for a practice that finds no justification anywhere, so far as I am awara Upon the record counsel for defendant relied upon their default taken against the plaintiffs. They had a right to do so, if they chose. The default was entered by. the clerk, and not by the court When the defendant made its motion for judgment in its favor for a balance after allowing credit for the amount found in favor of the plaintiffs by the referee, there was presented to the court for the first time in the case the question whether the counterclaims stated a cause of action. The defendant, through its counsel, thus chose to abide the action of the court upon their motion. Having done so, they were bound by the conclusion reached thereon, and should not be heard to complain, except upon appeal from the judgment 26 Mont] PoRTEB ET AL. V. Ind. Ptg. Co. 18* On Motion fob Reheabino. « (Submitted January 2, 1902. Decided January 8, 1002.) MR. JUSTICE MILBURN delivered tlie opinion of the fjourt* The plaintiffs have submitted a motion for a rehearing of this case, which was decided by this court on the 9th day of December, 1901; and, after considering the same, we are of the opinion that the general result reached in the original opinion is correct Our attention having been called to the fact, however, that the findings of the referee in favor of the plaintiffs were conceded to be correct and that three of the counterclaims of the defendant were properly allowed by the district ocmrt, it finding for the defendant for the amounts* claimed therein to be due, we think, und^ these circumstances,, that the order of affirmance is too broad and should be, and now is, modified to read as follows : "The cause is remanded with direction to the district court to cause to be entered an order granting the defendant's motion for a new trial in so far only as are involved the matters pre- sented by the counterclaims other than the three included in. the judgment, with leave to defendant to amend its answer. Remanded with direction to the court to proceed as above* ordered. Modified and affirmed. 190 , KiBK ET.AL. tt. Bakeb bt al. [Dcc T/01 KIEK ET AL., Respondents, v. BAKER et al.. Appellants. : <No. 1,890.) (Submitted NoTember 21, 1901. Decided December 16, 1901.) Executors and Administrators — Real Estate — Sale — Noti-ce to . Heirs — Proof of Heirship — Necessity — Administrator's Liability. Real estate of a decedent was sold by an administrator under order of the probate court. Thereafter certain persons claiming to be heirs of the de- ceased, and therefore entitled to a share In the land, claimed their share of the proceeds of the property from the administrator on the ground that they had no notice of the sale, or of the proceedings therefor ; and, he ha v. Ing refused to pay them, their claim was paid by the purchaser, whereupon he sued tiie administrator and his sureties to recover the amount so paid, the complaint alleging that there was no mention made of the alleged heirs, or of their claims, at any time or anywhere In tue probate proceed- ings or record. Held that, since the administrator was not required to take notice of the claims of such heirs until their heirship had been estab- lished as prescribed by Code of CItH Procedure, Title XII, Chapt. 10, Art. II, and the complaint alleged that no such proceedings had been had, plaintiff was not entitled to recover. Appeal from. District Courts Oallaiin CowfUy; F. K. Armr strong. Judge. Action by T. S. Kirk and anotiier against H. B. Baker and others. From a judgment in favor of plaintiffs, and from an order denying a new trial, defendants appeal. Reversed. Messrs. Luce & Luce, for Appellants. Mr. Eugene B. Hoffman, for Respondents. MR. JUSTICE MILBURN delivered the opinion of the court This is an appeal from a judgment in favor of plaintiffs and from an order denying defendants' motion for a new trial. The action was brought by plaintiffs and respondents to recover of 26 MoBtl Kirk et al. v. Bakes ex au 191 H. B. Baker, as administrator of the estate of Nancy F. Baker^ deceased, and one W. Eiiiley and Mrs- S. Niles Baker, sureties on the official bond of the administrator, the sum of $256, al- leged to be due plaintiffs for money paid by them to Arthur C. Long and Mary Wood for an alleged one-twelfth interest which they claimed in the real estate of said Nancy F. Baker, deceased. The land in which the said Long and the said Wood claimed an interest was all the property which belonged to said estate, as appears from the complaint, and was conveyed by an order of the probate court of Gallatin county to H. N. Kirk for $3,000 on June 6, 1887, having been sold under decree of said court, and by H. N. Kirk conveyed to the plaintiffs. The plain- tiffs claim that the said Arthur C. Long and the said Mary Wood were minor heirs, and that there was not any notice of the time and place of said sale given to them, and that said sale was made without printed or posted notice to any one, and that, after attaining their majority, they claimed from the defendant H. B. Baker their portion of the proceeds arising from the sale of the property, but that said H. B. Baker refused to pay them the same; and that on the 18th day of January, 1897, the said Arthur C. Long and the said Mary Wood brought suit against the plaintiffs for a partition of the real estate, and that they paid said parties $250 for their said one-twelfth interest and $6 for expenses of litigation, in order to avoid the suit. In tlie suit at bar they had judgment in the court below for the sum claimed. The complaint further states that there was not any mention made of the two alleged heirs, or of their claims, at any time or anywhere in the probate proceedings or records. Xumerous points are relied upon and urged by appellant •?, but we see no useful purpose in noticing more than one, i. e., want of substance in the complaint. It is obvious from the complaint that at no time has any ono of the two alleged heirs or their assignees, respondents herein, appeared in the probate court to have his or her status or clai.iis adjudicated. It appears conclusively from the complaint that at no time has the probate court made any order in the preni- 192 Kirk et al. v. Bakes et al. [Dec T/01 ises, and it is therefore true that the administrator haa not disr obeyed any order of the court in relation to these alleged heir* or their assigns. An administrator, at his peril, declares persons to be inter* ested as heirs or other claimants, and pays or delivers to them any part of the money or other property of the estate, before such persons have been formally by the court in probate pro- ceedings declared to be such, and before he is ordered by tiie court to make distribution, after report and accounts made and allowed, showing the condition of the estate* If he neglect and refuse to obey the order of the court to distribute, and not be- fore, is he liable upon his official bond. In this case there is no reason why an extended opinion should be rendered. It is sufficient to say that Article II, Chap- ter XI, Title XII (Sections 2840-2847), of the Code of Civil Procedure, on Distribution on Final Settlement, shows^ how any person claiming an interest in any part of the estate upon distribution, whether as heir or not, may enforce his claim, and, if necessary, have his heirship determined; and further shows how and to whom distribution shall be made. Examina- tion of the provisions of said article clearly shows that the plaintiffs have no cause of action under the facts stated in the complaint. It is needless to say more in this case. The judgment and order appealed from are reversed, and the cause is remanded. Reversed and remanded. 26 Mont.] Wetzstein v. B. & M. O. C. & S. M. Co. 193 WETZSTEIN, Respondent, v. BOSTOX & MONTANA CONSOLIDATED COPPER & SILVER MINING CO., Appellant. (No. 1,671.) (Sobmitted October 8, 1901. Decided December 23, 1901.) Mines — Recovery of Interest Thefein — Injunction^ Pendente Lite — Order to Show Cause — Evidence — Admissibility — Record of Former Judgment. 1. Obiter. The incorporation In a complaint In one case of the alleg.%tici8 contained In a complaint In another and separate cause, naming other par- ties as defendants by reference merely, Is of very questionable propriety. 2. On appeal the supreme court will not undertake to determine whether the evidence was insufficient to warrant the Issuance of an injunction pendente lite, when the order granting the same must be reversed on other grounds. 3. On the hearing of an order to show cause why an injunction pendente lite should not issue, for which application was made by complainant on the filing of his complaint, the proposed answer of defendant to the suit, and the proposed answer of defendant to another puit concerning the same mine, the complaint of which had been made a part of the present complaint, were properly rejected, where the yeriflcatlons of the same were on infor- mation and belief ; positive verifications being required. 4. On the hearing of an order to show cause why an injunction should not issue to restrain defendant from operating a certain mine pending a suit for an Interest therein, it was error to reject, as Irrelevant and immaterial, the pleadings, judgment and findings of a prior actlooi which adjudicated the ultimate rights of the parties in the subject of the controversy. 5. On the* hearing of an order to show cause why an injunction should not issue to restrain defendant from operating a certain mine pending a suit begun in 1901 for an Interest therein, the record of a prior action between the parties in regard to the same mine, wherein it appeared that the deed alleged in lae present suit to be fraudulent and to have been executed by mistake was in existence in 1885, and that ores had been removed fron the mine for at least three years before this application was mado, was improperly rejected ; the same being material, together v 1th othek.* facts, on the question of plaintiff's laches in making the application. 6. On the hearing of an order to show cause why an injunction should not issue to restrain defendant from operating a certain mine pending a suit for an interest therein, the record of a prior action wherein it appeared that an injunction had been denied on the same iacts and Issues as were involved in the present suit was admissible as oari'Inv: a second applica- tion for an injunction on the same facts, where tbo court was doubtful or the good faith of the application, and of ::he merits, and of the plaintiff's laches. 7. Where, on the hearing of an order to show cause why an injunction should not issue, restraining defendant from operating a certain mine pending a suit for an interest therein, it appeared that several suits between the Vol. XXVI-13 ! 38 19:) i 1 p27 220 627 221. 26 193 80 417 104 Wetzsteix v. B. & M. C. C. & S. M. Co. [Dec. T.'Ol same parties had been brought concerning this same mine, in one of which an appeal was pending, the affidavit of the defendant's attorney, made on his knowledge, as to the history of the litigation, was admissible, as tend- ing to make clear the identification of the parties and the subject-matter in the several suits. Appeal from Distinct Court Silver Bow County; WUliam Clancy^ Judge, Suit by Adolph Wetzstein against the Boston & Montana Consolidated Copper & Silver Mining Company. From an order granting the plaintiff an injunction pendente lite, re- straining the defendant from operating its mines^ the defendant appeals. Keversed. Messrs. Forbis & Evans, for Appellant. Messrs. McHatton <& Cotter, Messrs. Toole & Bach, Mr. Jas. M. Denny and Mr. Robert B. Smith, for Respondent. ME. CHIEF JUSTICE BRANTLY delivered the opinion of the court. This action was brought by the plaintiff to obtain a decree awarding to him an undivided oncHfourth interest in the Com- anche lode claim (patented), situate in Silver Bow county, and for an accounting for ores extracted and removed therefrom by the defendant, and converted to its own use. Upon the filing of the complaint an application was made for an injunction to restrain defendant from extracting or removing ores pendente lite, and, after a hearing upon an order to show cause, the court made an order granting the injunction as prayed. From this order the defendant has appealed. The principal questions presented for examination arise upon the rulings of the district court in excluding certain evidence offered by defendant. The purport of these rulings is best un- derstood by reference to the allegations upon which the plain- tiff bases his claim of title. Omitting formal matters, a brief synopsis of these is the following: That plaintiff is, and since 26 Mont] Wetzstein v. B. & M. C. C. & S. M. Co. 195 March 21, 1894, has been, the owner and entitled to the pos- session of an undivided one^fourth of the Comanche lode claim, which is valuable for the silver and copper ores contained there- in; that it was located on January 19, 1879, by one D. N. Up- ton and one N. L. Turner, each thus becoming entitled to an undivided one-half interest ; that Upton theraf ter, and on Feb- ruary 28, 1889, conveyed an undivided one-fourth interest to one George H. Tong; that he never thereafter conveyed any other interest to any person until November 16, 1893, when he sold and conveyed his remaining one-fourth interest to one H. L. Frank, who thereafter, and on March 21, 1894, conveyed the same to the plaintiff ; that though said Upton had not sold any interest except to Tong, as aforesaid, said Tong, one Pat- rick Largey, one Howard H. Zenor, and one Nicholas J. Bie- lenberg, on or about June 3, 1890, applied to the United States for a patent to the said claim, fraudulently excluding Upton from the application, intending thereby to obtain for them- selves title to the interest belonging to Upton ; that Upton was at that time the owner of record of an undivided one-fourth in- terest; that notwithstanding this fact they procured a patent from the United States for themselves^ fraudulently excluding Upton therefrom ; that they thus became trustees of the legal title of the interest belonging to Upton; that the patentees thereupon organized the Comanche Mining Company, they be- coming the officers and stockholders thereof ; that the said com- pany was organized for the purpose of taking title to the claim patented as aforesaid, and that the patentees thereupon con- veyed the said claim to it by quitclaim deed, the only consider- ation therefor being capital stock of the company which they caused to be issued to themeselves ; that the company took the conveyance of the property with full knowledge of Upton's rights; that the said company on November 10, 1896, conveyed Ihe claim to the defendant herein, but that the defendant took the conveyance with full knowledge of plaintiff's rights under his conveyance from Upton through Frank ; that the defendant thereupon entered into the exclusive possession of the claim 196 Wetzstein v. B. & M. C. C. & S. M. Co. [Dec T/01 so conveyed to it^ and has ever since excluded the plaintiff there- from^ claiming to be the exclusive owner^ and denying that the plaintiff has any right or interest therein; that defendant is still in exclusive possession of the property, and is mining, car^ rying away, and converting to its own use large quantities of ores therefrom, and will continue to do so, refusing meanwhile to account to the plaintiff for any portion of them or of their value; that it has already taken therefrom ores of a value ex- ceeding $4,000,000 ; that the plaintiff has no means of knowing the exact amount of the ores so being taken from day to day, and thatj unless a receiver be appointed and the defendant en- joined, he will be compelled to rely upon the good faith of the defendant when it is finally made to account; that the defendant will not, as plaintiff believes, render a ootrrect account ; that it is also engaged in working other mines^ and is mixing the oreef rom the Comanche claim with the ores from such other mines, and is treating and smelting them all together, though the ores from the Comanche are of much greater value; that the ores from the latter are of great richness, and that there can be easily ex- tracted of them during each year an amount of the value of $1,000,000 ; that the defendant is about to convey all its prop- erty, including the Comanche claim, to a corporation formed outside of the state of Montana, thus increasing the danger of irreparable loss and damage to the plaintiff unless the defendant be required to deliver one-fourth of said ores to a receiver ; that plaintiff has demanded that he be let into possession of the Comanche claim jointly with the defendant, but that his de- mand has been refused ; that he has likewise demanded that de- fendant deliver to him on the dump one-fourth of all ores ex- tracted, offering to pay the defendant one-fourth of the expenses of mining the same, but that this demand has likewise been re- fused ; that plaintiff is able, ready, and willing to pay his part of the expense of working the property ; that he and defendant are in fact cotenanta in the property, the defendant owning an undivided three-fourths interest therein; that defendant is extracting the ores aforesaid through workings not on the prop- 26 Mont] Wetzstein v. B. & M. C. C. & S. M. Co. 197 erty, which fact prevents plaintifF from ascertaining the amount and value of them ; and that prior to the commencement of this action the plaintiff had instituted another action against the defendant and others for the reformation of a deed from Upton to Patrick Largey, now deceased, and for various other reliefs, as will appear by the complaint filed with the clerk of this court, to which plaintiff refers and makes part hereof, without setting forth the same at length, but with the same force and effect as if fully set forth herein. The complaint referred to in the latter part of the foregoing synopsis is copied into the transcript as a part of the complaint in this cause. Besides the Boston & Montana Consolidated Copper & Silver Mining Company, there are named as defend- ants therein David IS, Upton, George H. Tong, Howard EL Zenor, Nicholas J. Bielenberg, Henry L. Frank, Lula F. Lar- gey, administratrix of the estate of Patridc Largey, deceased, Charles S. Warren, and the Comanche Mining Company. It sets forth, in substance, all of the allegations contained in the forgoing synopsis touching the location of the Comanche claim ; the proceedings to obtain a patent by Tong anfl others ; the alleged fraudulent exclusion of Upton from the application and from the patent; the various conveyances from Upton to the plaintiff; the conveyances from the patentees to the Com- anche Company, and from that company to the defendant, with the all^ation of knowledge on the part of the company and the defendant as to Upton's rights at the time the respective con- veyances were made to them ; the exclusive possession claimed and held under its conveyance by the defendant; the mining operations conducted by it; its intention to convey all of its property, including the Comanche claim, to a corporation formed outside of the state of Montana ; the cotenancy of plain- tiff and the Boston & Montana Consolidated Copper & Silver Mining Company, — ^and then continues as follows, alleging by way of information and belief that David W. Upton, before he had made the conveyance to Tong of an undivided one-fourth interest, and before he conveyed the other one-fourth interest 198 Wetzstein v. B. & M. C. 0. & S. M. Co. [Dec. T.'Ol belonging to him to H. L. Frank, relocated a claim upon the ground embraced by the Comanche claim, which he called the "Grand Prize," and thereafter, iat the request of Largey, exe- cuted a deed to said Largey by which he intended to convey to the said Largey an undivided one-fourth interest in the Grand Prize claim, whereas in fact, but by mistake on his part, which was known to Largey at the time, he actually conveyed a one- half interest; that at the time he made the conveyance to the said Largey it was represented to him by Largey that the con- veyance in no wise deprived him of any interest then owned by him in the Comanche lode claim ; that he relied upoji such representations made by Largey; that the deed then executed had been prepared under the instructions of Largey, and was understood by Upton to convey only an undivided one-fourth interest in the Grand Prize lode claim; that there- after Upton discovered that the deed, upon its face purported to convey an undivided one-half interest; that he immediately, upon his discovery of th.e fact, called the attention of Largey to the error made, and that thereupon Largey agreed with him that it was an error, and that Largey would rectify it by a reconveyance to Upton of an undivided one-fourth interest; that Largey never made the said conveyance as he agreed ; that the relocation made by Upton of the Comanche claim under the name of the "Grand Prize Lode Claim" was for the purpose of avoiding the conse- quences of an adverse decision which was anticipated as to the location of the Comanche lode claim, at that time involved in litigation ; that thereafter the location of the Comanche lode claim was held good, and thereupon the Grand Prize location became nugatory and was abandoned both by Upton and Largey and all the other parties interested ; that heretofore, and long prior to the commencement of this action, and after plaintiff became the owner of the said one-fourth interest in the Com- anche claim theretofore owned by Upton, the plaintiff attempted to assert his title to the said interest, when, to his surprise, it was claimed that he, as the successor of said Upton, was es- 26 Mont.] Wetzstein v. B. & M. C. C. & S. M. Co. 199 topped from asserting any title thereto by the deed of Upton to Largey of the one-half interest in the Grand Prize claim, and that, because said Upton had deprived himself of any in- terest in the Comanche claim, the deed from Upton to Frank and from Frank to Wetzstein was void ; that the deed from Upton to Largey of the one-half interest in the Grand Prize claim was fraudulent and void ; that, in taking the conveyance of the one-fourth interest in the Comanche claim from Upton through Frank, the plaintiff relied upon the record of Upton's title, as well as upon the adjudications by the courts that the location of the Comanche claim was valid ; that there was no record of any conveyance by Upton to any other person than that to Frank, from whom plaintiff purchased ; and that before the bringing of this action Patrick A. Largey died intestate. and Lula F. Largey was appointed and qualifie<l as adminis- tratrix upon his estate. Xo allegation is made in either complaint of any wrongdoing by defendant Warren, the only reference to him being a state- ment in both complaints that at the time the application for patent was made he was the owner of an undivided one-eighth interest; he, Largey, Zenor, and Bielenberg having obtained the interest of Turner, the colocator with Upton, by conveyance from him. The prayer of the first complaint is for a decree adjudging the plaintiff to be the owner of an undivided one-fourth interest in the Comanche claim ; that all adverse claims of the defendant are without right ; that the defendant be enjoined, pending the hearing, from mining and taking away ore ; and that the plain- tiff have general relief. The prayer of the second complaint is for a decree adjudging the action of Tong and his associates in excluding Upton from the patent to be fraudulent and void; that the one^fourth in- terest owned by Upton in the Comanche claim under the loca- tion was not conveyed to Patrick A. Largey by the deed to the one-half interest in the Grand Prize claim ; that, if it be held that this deed conveyed any interest whatever, it be reformed 200 Wetzstein v. B. & M. C. C. & S. M, Co. [Dec T/01 80 as to show the true intent of the parties at the time it was made, and that the reformation be so made as to relate to the date of the conveyance by Upton to Largey ; that it be adjudged that, at the time Upton conveyed or executed the deed to a one- fourth interest in the Comanche claim to H. L. Frank, he was the sole owner and entitled to the possession of the interest so conveyed, and that plaintiff by his conveyance from Frank be- came entitled to the said interest; that plaintiff's title thereto be forever quieted ; that the plaintiff and the Boston & Montana Consolidated Copper & Silver Mining Company be declared to be cotenants in the Comanche claim, the plaintiff being en- titled to a one-fourth interest, and the said corporation to the remaining interest; and that the plaintiff have {uch further relief as to the court may seeip proper. Before proceeding to discuss the questions presented by aj)- pellant, we stop to remark that no question was made in the court below, nor is any made in this court, as to the form of the complaint, or as to the sufficiency of the allegations con- tained in it To say the least of it, the incorporation in the complaint in this case of the allegations contained in the com- plaint file^l in another and a separate cause, naming; other par- ties as defendants by reference, merely, is of very questionable propriety. Inasmuch, however, as the appellant makes no ques- tion as to the method adopted in this regard, we pass it without further comment. 1. The appellant contends that the evidence adduced at the hearing was insufficient to warrant the issuance of an injim-^- tion. AVe shall not now undertake to determine the merits of this contention, for the reason that the order must be reversed on other grounds. By the time another hearing can be had in the district court, a wholly different situation may be pre- sented, and we would avoid prejudicing the rights of the par- ties as they may then be made to appear. Furthermore, as will appear from matters referred to hereafter, it may be that the rights of the parties will have been finally determined before 26 Mont.] Wetzstein v. B. & M. C. C. & S. M. Co, 201 another hearing can be had, in which event such hearing will be entirely unnecessary. 2. The plaintiff introduced evidence tending to support the allegations of his complaint. Thereupon the defendant offered to introduce as evidence its proposed answer to the complaint in this cause, and also the proposed answer in the cause the complaint in which is adopted as a part of the complaint in this cause by reference. This latter cause is designated in the district court records as Xo. 9,081. These answers are verified by one C. S. Batterman, superintendent of the defendant, upon his information and belief. Upon objection, they were ex- cluded as incompetent Defendant assigns error. The ruling was correct Ex parte affidavits may be used by the plaintiff as evidence in support of an application for an injunction. (Code of Civil Procedure, Sec. 872.) Likewise they may be used by defendant in resisting the application. {Id. Sec. 875.) In the latter case oral evidence may also be resorted to by both parties, but the answer, if verified, has the effect only of an affidavit (Id. 877.) It docs not follow, however, that the ordinary rules of evidence are not to be observed in the use of such affidavits. It was said in Thompson v. Ocean City Railroad Co. (X. J. Ch.), 37 Atl. 129: "It would seem that the same rule must be applied to distinguish between testimony that is admissible and testimony that is nonevidential, whether such testimony is found in affidavits to be used as a ground for obtaining an injunction, or the testimony is produced in open court by the examination of witnesses to support any litigated fact'' In Bennett Bros. Co. v. Congdon, 20 Mont. 208, 50 Pac. 556, this court, speaking through Mr. Justice Hunt, said: "A court is sometimes called upon to grant a temporary re- straining order to show cause, upon papers or testimony which at first examination appear to be sufficient, yet afterwards are held not to be. In certain instances, haste in issuing a restrain- ing order is necessary to prevent the doing of an act which, if done, would apparently work irreparable injury to another. A judge, imder such circumstances, must do the best he can, 202 Wetzstein v. B. & M. G. C. & S. M. Co. [Dec. T.'Ol by acting upon the testimony at hand. But when the return day has come the parties may offer strictly legal testimony foi the purpose of continuing or dissolving the order, and if they do, it is the duty of the court to hear and consider it^ and to exercise its Ic^al discretion upon all that is competent and properly before it" Mr. Justice Hunt cites Thompson v. Rail- road Co,, and approves the passage quoted supra as embodying a correct statement of the rule applicable to such affidavits. The use of affidavits in preliminary injunction proceedings, whether it finds its sanction in the usages of courts of equity, or is founded upon express authority of the statute, has for its pur- pose the expediting of the hearing in order that relief may be quickly obtained from impending injury, for which, if it were allo\ved to occur, the law could not afford adequate remedy. The rule goes no further, however, than to excuse the complain- ing party from the necessity of presenting his evidence in the ordinary Avay ; that is, by the testimony of witnesses sworn an I examined orally at the hearing in the presence of the adverse party, or by means of depositions taken upon notice under the provisions of the statute. The statute regulating the issuance of injunctions without notice (Code of Civil Procedure, Sec. 872) recognizes this principle, by providing that no injunction shall issue upon the complaint alone, unless it be verified and the material allegations setting forth the grounds therefor be made positively, and not upon information and l)elief. Not only must the allegations be made in the form of positive state- ment, but the affidavit of verification must also be positive, so that the action of the court or judge in making the order in the first instance may be based upon an unequivocal statement of fact. (Butte £ Boston Consol. Min. Co, v. Monta?ia Ore Pur- chasing Co,, 24 Mont. 125, 60 Pac. 1039.) If the complaint does not meet these requirements, no injunction can be granted, unless there be presented in support of the application an affi- davit of some one who speaks from his own knowledge. The same principle must, of necessity, apply in contested applica- tions for injunction, and there is no reason why the rule should 26 Mont] Wetzbtein v. B. & M. C. C. & S. M. Co. 203 be relaxed in favor of the defendant when he appears to resist the application. A witness sworn to testify orally would not be permitted to depose to mere hearsay statements, neither may an affidavit embodying only hearsay statements be considered of any evidentiary value. The court in such proceedings mu^t deal with facts established under recognized rules of evidence, except so far as the method of presenting them may be modi- fied by recognized usages of courts of equity, or by express statutory provision. It is only by a consideration of facts so produced that the court may be moved to exercise its discretion in granting or refusing the demanded relief. (Bennett Bros. Co. V. Congdon, supra, and cases cited; 2 Cyc. Law & Proc. 35, notes "a'^ and "b") 3. The defendant offered also the pleadings, judgment and findings in a cause designated on the district court calendar as Xo. 5,050, wherein the plaintiff in this cause was plaintiff, and the Comanche Mining Company and all the persons named as defendants in cause No. 9,081, supra, except Upton, were named as defendants, besides certain other parties alleged to be interested in the Comanche claim as privies of the other defendants. This suit was begun on March 21, 1894, and the record was offered for the purpose of showing that it was sought by plaintiff therein to obtain a decree declaring the defendants trustees of the legal title of an undivided one- fourth interest in the Comanche claim, for the use and benefit of plaintiff, upon the same facts which are alleged in the pleadings in this cause. There were included in the same offer the original com- plaint, demurrer, application for injunction, order denying the same, and final judgment on demurrer in another cause, num- bered 8,304, wherein the plaintiff herein was plaintiff, and the defendant herein was named as defendant In that cause a judgment was sought decreeing the plaintiff to be the owner of the same undivided one-fourth interest in the Comanche claim involved in this cause and in No. 5,050, supra. This second record was offered for the purpose of showing this fact, and that, basing his right of recovery upon the same facts alleged 204 Wetzstein v. B. & M. C. C. & S. M. Co. [Dec- T.'Ol in the complaint in this cause, except as to the mistake in the Grand Prize deed, the plaintiff had applied for and been denied relief by way of a preliminary injunctioni In connection with the foregoing records there was also offered an affidavit of L. O. Evans, one of defendant's counsel. This affidavit gives a suc- cinct history of the controversy between plaintiff, as grantee of Upton, and the original patentees of the Comanche claim, the Comanche Mining Company, and the defendant, the presr ent holder of the legal title, and tends to identify both of the actions referred to as actions between the same parties, or their privies, and as involving the same interest in the property under the same claim of title. The affidavit further shows that cause 5,050 is pending in this court upon appeals from the judgment and an order denying a new trial, and that upon ap- peal to this court from the order denying an injunction in cause 8,304 the order was affirmed. These original files and the affi- davit were, upon objection of the plaintiff, excluded from the evidence as incompetent and immaterial. We think the ruling erroneous. The record in 5,050 shows that the plaintiff founded his right to recover therein upon the allegation that Upton was one of the original locators of the Comanche claim, that he had never conveyed any interest therein except a one- fourth interest to Tong, and that he had been fraudulently ex- cluded from the patent by Largey and his associates, although at the time of the application he appeared of record to be the OAvner of a fourth interest It further shows that, besides a denial of many of the affirmative allegations of the complaint, separate defenses were interposed as follows: (1) That the plaintiff had no interest in the Comanche claim, for the reason that in 1880, a short time after the location was made, Upton had conveyed the interest claimed by plaintiff to one Collins, who on or about August 6, 1884, had conveyed to Patrick A. Largey, and therefore that the deed by Upton to Frank, plain- tiff's grantor, conveyed no interest whatever; (2) that on or about August 6, 1884, Upton represented to Largey that Col- lins owned the interest in controversy ; that he induced Largey 26 Mont] Wetzstein v. B. & M. C. C. & S. M. Co. 205 to purchase the same and take a deed therefor from CoUina for a large sum of money; that Largey, with Upton's knowl- edge, expended money in protecting the title to the claim and in developing it; and that by his acts in this regard the said Upton had estopped himself and his grantees forever from mak- ing a claim to any interest therein; and (3) that the Comanche claim was a,lao designated and known by Upton as the ^Grand Prize Claim ;" that on November 23, 1885, he had conveyed to- Largey a one-half interest therein ; to Zenor, named as defendant,. a one-fourth interest; and subsequently in 1889, to defendant Tong the remaining one-fourth interest; that by these convey- ances the said Upton had parted with all interest that he ever had in the ground covered by the Comanche claim, and there^ fore that the plaintiff acquired no interest whatever by his con- veyance from Upton. It appears that the cause was tried upon the issues made upon these defenses by denials on the part of the plaintiff as to the two first, and by an allegation, by way of avoidance as to theJ last, that the Grand Prize location was made in order to hold the ground covered by the Comanche claim in case it should be adjudged, in an adverse suit then pending between the claimants under that location and their adversaries who claimed under another location, known as the "Smelter Claim," that the Comanche location was invalid, and that, the Comanche location having subsequently been held to be valid, the Grand Prize location was abandoned by all the parties in interest. It also appears that the court made special findings upon all of these issues. It found upon the first two in favor of the defendants, namely, that in 1880 Upton con- veyed to Collins the interest now claimed by plaintiff ; that on or about August 6, 1884, Upton induced Largey, by represent- ing to him that Collins owned the interest, to buy it from Col- lins, with other property, for the sum of $2,500, and that Lar- gey in so purchasing relied upon Upton's representations ; and that Upton received a commission of $100 for negotiating the purchase from Collins. Upon the third defense the issue was found in favor of plain/tiff, — that although the Grand Prize- 206 Wetzstein v. B. & M. C. C. & S. M. Co. [Dec T/01 location was made for the beaiefit of Upton, Largey and their associates, and interest therein conveyed to Largey, Zenor and Tong, as claimed by defendant, yet, when the Comanche loca- tion was held valid, all the parties, including Largey and Up- ton, had abandoned the Grand Prize location as nugatory. It was adjudged and decreed upon these findings that, at the time the patent was issued to Largey and his associates, Upton had no legal or equitable interest in the property, and that the plain- tiff acquired no interest whatever therein by virtue of the con- veyance from Upton after the patent was issued. It thus ap- pears that the altimate question involved in cause 5,050 (that is, the ownership of the interest in question) was the same question, fundamentally, as the one involved in this case. This question was agitated between the plaintiff and the grantors of the defendant It was adjudged in favor of the latter upon two distinct grounds, either of which, so long as the judgment stands, is conclusive against the claim of the plaintiff, without regard to the character of the Grand Prize deed ; for, if the judgment should finally be affirmed, it would forever preclude the plaintiff from obtaining a reformation of that deed, whether it was executed under a misapprehension by Upton or not The adjudication that the Grand Prize location was abandoned because the ground cQvered by it was already covered by the Comanche, a valid location under which Upton and his associates obtained title, was necessarily an adjudica- tion that none of them obtained any title under the Grand Prize location. This is binding upon the parties to that judgment, as well as upon their privies. The defendant, so long as the judg- ment stands, could not be heard to say that it obtained any title under it; neither should the plaintiff, who tendered the issue, and after it had been determined in his favor, be heard to assert that it stands as an impediment to his rights, which the court should remove by a separate decree. If that judgment were affirmed, and were properly pleaded as a bar to this action, the cqjirt would be compelled to hold it conclusive upon the plain- tiff. It meets all the requirements of the statute (Code of Civil 26 Mont] Wetzstein v. B. & M. C. C. & S. M. Co. 207 • Procedure, Sees. 3196, 3199) which declares tlie rule as to what matters are to be deemed concluded by a former judgment be- tween the samo parties and their successors in interest. The question here, however, is not whether the judgment is con- clusive upon plaintiff's right to maintain this action, — as de- fendant contends ; the question is, was the judgment admissible as a fact of import for the court to consider with other evidence in determining plaintiff's right to an injunction ? Appearing, as it does, to have adjudicated the ultimate rights of the par- ties in the subject of the controversy, it falls clearly within the principle of Boston & Montana Consol. Copper & Silver Mvn. Co, V. Montana Ore Purchasing Co., 25 Mont. 87, 66 Pac. 752, recently decided by this court, and furnishes a rea- son which would ordinarily, in the discretion of the court, be sufficient to warrant a denial of the injunction. The record was admissible upon other grounds. It was con- tended at the hearing that the injunction should not issue be- cause, whatever ultimate right the plaintiff might finally be found to have, Ije had failed to apply promptly for relief, and that his own laches precluded any relief by way of preliminary injunction. Had the evidence been admitted, it would have appeared from it and other facts submitted that though the Grand Prize deed had been in existence since 1885, and though, at the trial of cause 6,050 in the district court, Upton was con- fronted with this deed, and interrogated fully about it^ and though iJie removal of ores from the Comanche claim had been going on for at least three years at the time this application was made, no claim was ever made by him or the plaintiff until the bringing of this suit^ in February, 1901, that the deed was fraudulent or was executed by mistake. It is of some signifi- cance, also, that the deed was an important element in con- troversy at the trial of that cause, and yet no mention was made of the mistake in its execution in 1885. These facts were proper to be considered, with the other facts submitted, in de- teormining whether the plaintiff had slept upon his rights and was not entitled to preliminary relief. 208 Wetzstein v. B. & M. C. C. & S. M. Co. [Dec T.'Ol The record in cause 8,304 was admissible as tending to show, in connection with the record in 5.050 and the other evidence in the case, that an injunction had been previously sought and denied in that suit upon the same facts and issues which are involved in this case. It shows that the plaintiff attempted to assert title to the same initerest in the Comanche claim which he asserts in this case, and as derived from the same source. It also appears from it and the other facts which are in evidence that the character of the Grand Prize deed was known at the time the suit was brought. In offering it the defendant sought to bring the case within the rule laid down by some courts, that, after an injunction has once been refused in an action between the same parties, a second application will not be entertained, either in the same action or in another subsequently brought, when it appears that the second application is based upon the same grounds upon which the first application was made, or upon grounds which might have availed in the first instance. The following authorities lend support to the views contended for by the defendant: 16 Am. & Eng. Enc. Law (2d Ed.), 365; 2 High on Injunctions, Sec. 1586; Porter v. Morere, 30 La. Ann. 230; Beach on Injunctions, Sec. 155; Endicott v. Mathis, 9 ^N. J. Eq. 110. While we would not be willing to go so far as to declare that this seemingly harsh rule should be rigorously applied to all cases where a second application is made for an injunction in the same or a second action, we are nevertheless of the opinion that it is a rule of wholesome appli- cation in cases involving serious doubt upop the merits, or where the circumstances leave the court in uncertaintv as to the good faith of the application, or where it is doubtful whether the plaintiff is chargeable with laches. Upon this theory, the evidence should have been admitted and considered. The affidavit of Evans is made upon knowledge It served to render clear the identification of the parties in the various suits referred to, and also the subject-matter involved therein. On this theory, it should have been admitted and considered. The order of the district court is reversed, and the cause is 26 Mont.] Thbblkeld v. O'Neal. 209 remanded, with directions to proceed in accordance with the views expressed herein. Reversed and remanded. Mr. Justice Milburn: I concur. Mr. Justice Pigott: I concur in the foregoing opinion, except the paragraph with reference to the admissibility of the record in cause 8,304. As to the views therein stated, I express no opinion. THRELKELD, Eespondent, v. O'NEAL, Appellant. (No. 1,748.) On Motion to Dismiss Appeals. (Submitted December 16, 1901. Decided December 23, 1901.. Appeal — TJndertakmg on Appeal — Sureties — Exception — Fail- ure to Justify — Effect — Appeal from New Trial Order — Notice of Appeal — Service and Filing — Time — Failure to File — Dism/lssal. 1. Where an affldavit made by the attorney for the respondent on appeal in support of the motion to dismiss was filed with the clerk of the supreme court, but it did not appear that the aflidayit was served on the appellant or his attorney, the afBdavit will not be considered, but will be stricken from the file. 2. Under Section 1732, Code of Civil Procedure, a failure of the sureties on an undertaking on appeal to justify, after exception to their sufficiency, does not render the appeal ineffectual so as to authorise a dismissal thereof, but merely destroys the effect of the undertaking in so far as it would operate as a «iiper«e{\|ea«. 8. Where a notice of appeal from an order denying a new trial was not filed with the clerk of the district court and serred within 60 days after the order denying the motion was entered, as required by Code of Civil Pro- cedure, Sec. 1728, Subd 3, and Section 1724, the appeal from such order must be dismissed. Vol. XXVI— m 210 Thkblkeld v. O'Neal. [Dec T/01 Appeal from District Court, Deer Lodge County; Welling Napton, Judge. Action by Anna M. Threlkeld against Georgo B. O'Xeal. Judgment was rendered in favor of plaintiff, and defendant appealed therefrom and from an order denying a new triaL Motion to dismiss appeal from the judgment denied, and mo- tion to dismiss the appeal from the order refusing a new^ trial granted. Mr. J. H. Duffy, for Respondent ME. JUSTICE PIGOTT delivered the opinion of the court. Motion to dismiss appeals. Judgment in favor of the plain- tiff (respondent) and against the defendant (appellant) was entered in the district cooirt on Mav 23, 1901. An order denying the defendant's motion for a ne^v trial was entered on August 31, 1901. On October 31, 1901, a notice of appeal from the judgment and from the order was served upon the attorney for the plaintiff; it was filed with the clerk of the court below on November 2, 1901. On the day last mentioned an undertaking to effectuate the appeals was filed. The plaintiff excepted to the pufficiency of the sureties ; but neither they nor other sureties justified, and more than twenty days elapsed after the defendant was served with notice of plaintiff's exception to the sufficiency of the sureties and before the present motion was made. The respond- ent moves the dismissal of each appeal. Written opinions are but rarely delivered in this court upon motions to dismiss, but the misapprehension, by some members of the bar, of the effect of the failure of sureties in an under- taking an appeal to this court to justify, induces us to depart from our custom. 1. Among Ihe papers submitted for our consideration is an affidavit made by the attorney for the respondent in support of the motion to dismiss, and which he has caused to be filed 26 Mont.] Thbelkeld v. O^IN^eal. 211 Avith the clerk of this court. It doee not appe^ir that the affi- davit was served either personally or constructively upon the appellant or his attorney. Under these circumstances the affi- davit will not be considered, but must be stricken from the files. It is so ordered. 2. The appeal from the judgment is not ineffectual because the sureties failed to justify as required by Section 1732 of the Code of Civil Procedure. Such failure destrovs the effect of the undertaking in so far only as the undertaking may oper- ate as a siipej'sedeas. This is the manifest meaning of the sec- tion. {King v. Pony Gold Mining Co., 24 Mont. 470, 62 Pac. 7.^3.) Xothing in State ex rel. Allen v. Napton, 24 Montana, 450 (62 Pac. 686), where the interpretation of Sections 1760 and 1763 of the (^ode of Civil Procedure was involved, is to the contrary. In that case the plaintiff excepted to the sufficiency of the sureties who had signed the undertaking given to effectu- ate an appeal from a justice's court to a district court, and neither they nor other sureties justified. The plaintiff season- ablv moved a dismissal in the district court : and we held the apj)eal ineffectual because of the failure of the sureties to jus- tify. The statute governing was Section 1763, supra, which has to do with api>eals to the district court ; it provides, in ef- fect, that, unless sureties justify within the time specified there- in after exception to their sufficiency, the appeal from a jus- tice's court must be regarded as if an undertaking had not been given. It differs materially from Section 1732, supra, which has to do with appeals from district courts to the supreme court. Under the provisions of Section 1763, omission to justify (if taken advantage of at the proper time) renders an appeal from a justice's court to a district court ineffectual; while by the terms of Section 1732, omission of sureties to justify has no effect whatever upon the appeal itself, but only prevents tin; undertaking from operating thereafter as a supersedeas. The motion, in so far as it is directed to the appeal from the judgment, is denied. 3. Subdivision 3 of Section 1723 of the Code of Civil Pro- 212 Matusevitz v. Hughes. [Dec T/01 cedure provides, in substance, that an appeal may be taken to the supreme court from an order refusing a new trial within sixty days after it is entered in the minutes of the court or filed w^ith the clerk. Section 1724 provides that an appeal is taken by filing with the clerk a notice of appeal and serving a similar notice on the adverse party or his attorney. The notice of appeal not having been served and filed within sixty days after the order was entered, the motion, in so far as it is di- rected to the order refusing a new trial, is granted. The affidavit of counsel for the respondent is stricken off the file, the motion to dismiss the appeal from the judgment is denied, and the motion to dismiss the attempted appeal from the order denying a new trial is granted. MATUSEVITZ, Appellant, v. HUGHES, Respondent. 26 8U (Na 1.370.) ^ W 30 6g7 (Submitted November 15, 1901. Decided December 23, 1901.) 26 212 d31 9 "26~2i2\| Appeal — Briefs — Rules of Supreme Court — Failure ta Observe ' — Affirmance — Assignments of Error — Cross-Examdnation — Evidence. Under Supreme Court Rule X, an order appealed from will be affirmed where the statement of the case in appellant's brief does not conform to the Rule. On Reconsideration^ Without Rbhbabino. 1. Where the matters assigned in appellant's brief as errors do not on their face seem to be such as can be injurious to any one, they will not be con- sidered. 2. Where appellant's brief contains no reference to any line or page of the transcript where the matters- referred to in certain assignments of error can be found, such assignments will not be con^iidered. 3. Assignments of error based upon questions asked a witness upon cross- examination which elicit no prejudicial answers, will not be considered. 4. Assignments of error not touched upon in appellant's brief or oral argu- ment may not be considered. 26 Mont] Matubbvitz v. Hughes. 213 5. It is reTersible error for the trial court to overrule a motion to strike out hearsay and incompetent evidence. 0. If a witness shows himself to have been for a long time in a position to know and hear what neighbors say about a person, and he has never heard the character of such person questioned or talked about, this fact is com- petent evidence tending to prove good character of such person. 7. A written receipt given by the district court clerk for certain money al- leged to have been paid upon a Judgment, is not competent evidence to prove that the Judgment creditor got the money. Appeal from District Court, Silver Bow Coninty; William Clancy, Judge. Action by Fannie Matusevitz against Lillie R. Hughes, ad- ministratrix of the estate of S. J. Reynolds, deceased. There was judgment for defendant, and from an order denying a nev/ trial the plaintiff appeals. Affirmed. On reconsideration, re- versed. Mr. Oliver M. Hall, Mr. E. B. Howell and Mr. G. W. Sta- ple ton, for Appellant Mr. John T. Baldwin and Messrs. McBride & McBride, for Respondent. MR. JUSTICE MILBURX delivered the opinion of the court This cause is before us upon appeal. At the time when appel- lant's brief was filed, September 5, 1899, the following rule of this court was, and now is, in force, to-wit: "(3) Contents of Brief. The appellant's brief shall con- tain, in the order here stated: '(a) A concise abstract or statement of the case, present- ing succinctly the questions involved, and the manner in which they are raised, which abstract shall refer to the page numbers in the transcript in such manner that pleadings, evidence, or- ders and judgment may be easily found. * " (Rule X, 22 Mont xxxiv, 57 Pac. vii.) The statement of the case in the brief does not conform to the rule in any respect, except that it is concise. It even fails 214 Matusevitz v. Hughes. [Dec. T.'Ol to inform the court from what order or judgment the appeal is taken, or that there ever was an order or judgment made or entered in the case. The transcript embraces 598 pages of matter, and, as appellant says, is unusually cumbersome. From the notice of appeal we find that the action of the court from which appeal was taken was an order denying a motion for .1 new trial. The rules of court are necessary, and are made to be obeyed. For failure to obey the rule mentioned, the order appealed from is affirmed, on authority of McCleary v. Crowley, 22 Mont. 245, 56 Pac. 227; Gibson v. Hubbard, 22 Mont. 517, 57 Pac. 88 ; Anderson v. Carlson, 23 Mont. 43, 57 Pac. 439 ; Smith v. Denniff, 23 Mont. 65, 57 Pac. 557, 50 L. R. A. 737 ; Rehberg V. Greiser, 24 Mont. 487, 62 Pac. 820, 63 Pac. 41 ; and other cases decided by this court. Afftxmed. On Reconsideration^ Without Rehearing. REyERSED. (Resubmitted January 31, 1902. Decided April 3, 1902.) MR. JUSTICE MILBURX deliyered the opinion of the court This case has been very poorly presented. The brief of ap- pellant is so obscure that we hesitate to state thp case upon which he seems to rely. It appears, however, that this is an action by the plaintiff against the sheriff for the recovery of a certain stock of goods valued at $7,000, and that the defendant prevailed, the plaintiff appealing. Since the appeal was taken the defendant has departed this life, and Lillie R. Hughes, ad- ministratrix, has lx>en substituted in his stead. The pleadings are too voluminous for recital herein. There is no succinct or other statement of them in the brief of appel- 26 Mont] Matusevitz v. Hughes. 215 lant Examining the complaint we find, that it is alleged that on February 6, 1895, one Mary Schultz was indebted to one Kuth Hague for $3,000, and that on that day the former sold and delivered to the latter a certain stock of drugs, etc., and that "the sale was intended * * as a conditional sale" to secure the debt; that immediately Ruth Hague took exclu- sive possession- of the goods; that Mary, Schultz never redeemed the pledge; that defendant, on February 12, 1894, took the property from the possession of Ruth Hague wrongfully and without her consent; and that on February 16, 1894, Ruth Hague transferred all her right to the goods over to plaintiff. The defendant denies that Ruth Hague or the plaintiff ever owned the goods, but alleges that at the time of the taking by the defendant sheriff, under an attachment against one Carl Schultz and Mary Schultz, the property was that of Carl Schultz and Mary Schultz, partners, the writ of attachment having been regularly issued in a suit in which one Maul was plaintiff against Carl Schultz and Mary Schultz. Defendant charges conspiracy between Carl Schultz, Mary Schultz, Ruth Hague et al. The plaintiff appeals from the order denying her motion for a new trial. The order of the court denying the motion was by this court affirmed on the 23d day of December, 1901, on account of the failure of the appellant to comply with the rules of this court in that counsel failed to furnish a brief contain- ing a proper statement of the case. Counsel for appellant having moved the court to set aside the order of affirmance, at the same time calling our attention anew to what he designates as his supplemental brief — it being in fact his written argument used on hear- ing— ^it has been, by a majority of the court ordered that the cause be reconsidered, without rehearing, although it is very diflScult to see wherein the briefs of counsel comply with the rule as to matters referred to in the opinion of December 23, 1901, ante, p. 212. This determination to reconsider was made only out of abundant caution, on the court's own motion, 216 Matusevitz v. Hughes. [Dec T/01 to the end that no possible injustice should be done in the mat- ter, and the order of affirmance was duly vacated. Twenty alleged errors are assigned. We take up only those which are properly presented by the record and necessary to be considered and not waived. The first and second assignments are not to be considered, first, because the questions objected to do not on their face seem to be such as can be injurious to any one, and, secondly, because no line or page of the 598 page transcript where the matter referred to can be found is given. The third, fourth, fifth and sixth assignments are upon the ground that the witness Carl Schultz is not a party to the suit, and that the questions asked of him are incompetent, irrelevant and immaterial. He and others are in the answer charged with conspiracy with the plaintiff. The testimony was competent and material as tending to show his relation with the plaintiff and his connection with the property, he being a witness offered by the plaintiff to support her contention that the property was in fact hers. These points were not argued by coimsel on the hearing. We find no error in the court's action in reference to them. From assignment No. 7 it appears that counsel objected to the following question, asked of said witness Schultz upon cross-examination : "What were you charged with at that time, what were you arrested for?", upon the ground that it was incompetent, irrelevant and not proper cross-examination. As far as we can discover from this very voluminous and cumber- some record, without any considerable aid from counsel, it ap- pears that this witness of plaintiff voluntarily in part of his testimony stated that he had been arrested and that a certain affidavit, produced by him in evidence in this case, was for evidence in another case in which he had been under arrest, and having thus opened the door, it was not prejudicial, if error at all, for the court to permit counsel to ask the question com- plained of. 26 MoDt.] Matusevitz v. Hughes- 217 The same remarks apply to the eighth assigmnent, and, be- sides, no prejudicial answer was elicited. The ninth assignment is not considered for the reason that it is not properly presented, — ^it is not touched upon in the statement, oral aj^ument, or supplemental brief. The tenth assignment is not referred to in any of the argu- ment of appellant. As to the eleventh, twelfth and thirteenth assignments, suffice it to say that although it may be that plaintiff's objections weref good, the matters are not presented properly and we need not consider them. The court erred in overruling plaintiff's motion, mentioned in assignment fourteen, to strike out the testimony of defend- ant's witness. Miss Walsh, relative to the alleged relationship between plaintiff and the witness, Mary Schultz, as the testi- mony was hearsay and incompetent. It was error for the court to strike out the t<^8timony of Richard James (assignment fifteen) and the witness Myers (assignment sixteen), which tended to prove, in rebuttal, the reputation of Mary Schultz. The testimony was competent and should have been allowed to go to the jury for what it was worth. If a witness shows himself to have been for a long time in a position to know and hear what people say about a person in the community where such witness and such other person reside, and he has never heard the character of the latter ques- tioned or talked about, this fact is evidence tending to prove good character of the person whose character is being examined into. If one live such a life as not to excite adverse criticism of good or bad people, it cannot be said that this person has aught else than a reputation for good character. The court did not err in its ruling mentioned in assignment seventeen. There was admitted in evidence a receipt given by the deputy clerk of the district court for certain money alleged to have been paid upon a judgment, said to have been entered in another suit of Maul v. Carl Schultz and Mary Schultz. The court struck it out on motion of defendant. There is au- fil8 Matusevitz V, Hughes. [Dec T.'Ol thority we know supporting appellant's contention that the re- ceipt was competent, as shown in the brief of appellant, (17 Am. & Eng. Ene. Law, 2d Edition, 860; McDonald v. AtkinSj 13 Xeb. 568, 14: X. W. Rep. 532), but we do not approve the same. It is no part of the duty of the clerk of the district court to receive money in payment of judgments entered in the records of the court of which he is an officer. If he should receive and afterwards appropriate to his own use such moneys, the sureties upon his official bond certainly would not be liable. He is not the agent of any party to a suit. His duties are fixed by law. It has been said by the courts, in opinions upon this question, that it has been a long established practice to pay money into the hands of the clerk to apply upon judgments, and we doubt not that it has always been the habit of judgment creditors to receive such money when tendered and to adopt and ratify the act of the clerk in entering such payments upon the judgment docket, but this will not, and does not, make his receipt legal evidence to prove that the judgment creditor got the money in any particular casa The remaining assignments are waived and not argued. For the reasons above stated, the order denying the motion for a new trial must be and is reversed, and the cause remanded for a new trial. The appellant may not, in this case, recover his costs on ap- peal ; and he shall pay all costs incurred by the respondent, ex- cept the cost of printing the last nine pages of his brief. Reversed and remanded. Me. Justice Pigott: I concur. Mr. Chief Justice Brantly : I concur with my associates in the opinion that prejudicial error was con.mitted by the dis- trict court on the trial of this case. Had counsel of appellant presented the case to this court by filing a brief in conformity with the rules, I should have been in favor of reversing the 26 Mont] Whipple et al. v. Stuart. 219 order denying her a new trial. Having failed to obey the rules, however (ante, p 213), plaintiflF is not entitled to have the case considered. I ihink this order should be affirmed. I therefore dissent from the order or reversal now made. WHIPPLE ET AL.^ Respoxdexts^ v. STUART, Appellant. (No. 1,369.) (Submitted November 14, 1001. Decided December 23, 1901.) Appeal — Evidence — Hai-mless Error — Partnership — Dissolvr tion — Accounting — Partnership Property — Partners^ Rights — Natural Hay Grown on Government Land, 1. Where, In an action for an accounting between the members of a firm en- gaged in operating a ranch on government land, defendant recognized that plalntllT had succeeded to the interest of defendant's former partner, and that the lands had been used by plaintiff and defendant for the purposes of the business of both, error, if any, In admitting in evidence a deed from defendant's former partner to plaintiff for her interest in such land on the ground that the grantor could not convey any title to the government lani!, was harmless. 2. Where a ranch partnership agreement provided that the firm should con- tlnue as long as the parties could mutually agree, and defendant notified plaintiff that he would not consent to the buying of a bull which plaintiff desired to buy to improve the concern's cattle, and defendant staked olf 160 acres of the government land that had been used in the business, and notified plaintiff that he intended to hold the same as his own, the bull sub- sequently purchased by the plaintiff was not the property of the firm. S. Where a firm engaged in cattle raising fenced a ranch on government land, which they used in common for the purposes of the business, and defend- ant, one of the partners, staked off 160 acres of the land within the fencos for his private use, and claimed the same as his own, such partner wtH not entitled to the natural hay growing on such 160 acres as against the other members of the firm, on the pretense that such natural hay was fructus naturali8 on government land, and therefore became the property of the first taker. Appeal from District Court, Broadwater County; F, K. Armstrong, Judge, 220 Whipple et al, v. Stuabt. [Dec T.'Ol Action by C. A. Whipple and H. D. Taylor against J. C. Stuart for an accounting between the parties as partners. From a judgment in favor of plaintiffs, defendant appeals. Modified and affirmed. Messrs, Shober <& Rasch, for Appellant. Mr. E. H. Goodman, for Respondents. MR. JUSTICE MILBURX delivered the opinion of the court. This cause is on appeal from the judgment, the appeal from am order denying a motion for a new trial having been dis- missed. The cause was tried by the district court sitting mth- out a jury. Plaintiffs complainexi and alleged that they were at the time of the commencement of the action copartners with the defend- ant in the use, management and ownership of certain buildings and other improvements upon government lands, the possession of which lands they held for the use of the partnership busi- ness, and in the use, management and ownership of certain horses, mules, cattle, machinery, hay, one bull, etc. ; that plain- tiffs procured their alleged partnership interest in the lands and improvements by purchase from a former partner of the defendant, with his consent, and with the understanding with him that they should be his partners; that on February 11, 1898, plaintiffs and defendant had an accounting of the part- nership affairs, whereupon it was found that plaintiffs owed defendant about $110, and that it was thereupon agreed and imderstood that the partnership should continue so long as plaintiffs and defendant could mutually agree; that thereafter, some time in 1898, defendant took exclusive possession of about 200 acres of said land, claiming to be the exclusive owner thereof, and refused to allow the plaintiffs to use the farming implements and certain other partnership property formerly used in the operations of the ranch, thus requiring plaintiffs 26 Mont] Whipple et al. v. Stuabt. 221 to buy harness and machinery to carry on the business ; that defendant refused to contribute any money for the care of their range stock, or to provide for any increase thereof, or for the care of the stock during the following winter; that defendant told plaintiffs that he did not care to and would not do anything to increase the partnership property, etc Plaintiffs prayed for a decree dissolving the partnership and appointing a receiver to wind up the affairs of the alleged partnership. Defendant denied all allegations of the complaint, except that he stated that "plaintiffs and defendant are joint owners in certain personal property consisting of horses, mules, cattle, and other personal property, and that this defendant is one- half owner of the same,'^ and admitted that there is an unset- tled account between plaintiffs and defendant, and declared "that there will be found due this defendant, upon a full settle- ment and accounting, a large amount of money due and owing this defendant from said plaintiffs.'^ He further stated that plaintiffs "are in possession of said joint property in same man- ner as this defendant, and that this defendant is equally inter- ested in the care and custody of said property as the plaintiffs ;" that defendant has repeatedly demanded a division of said personal property, but that plaintiffs have always refused to consent to such a division being. made; and that defendant is anxious to have an accounting and a proper division. All of the evidence is before us. Much of the appellant's argument is devoted to alleged error of the court in receiving quitclaim deeds, a bill of sale, and other evidence as to the manner in which plaintiffs purchased their interest in the con- cern, referring particularly to the public land occupied by grantors of plaintiffs, including one Mrs. Hirt, from whom plaintiffs bought their interest in the ranch property and busi- iiess; defendant contending that no interest or title in or to government land could be obtained by means of conveyance from any former occupant or occupants. Defendant, in his testimony, says that he recognized that plaintiff Whipple had succeeded to the interest of Mrs. Hirt, and admits that the lands 222 Whipple et al. v. Stuabt. [Dec. T/01 had been used by .plaintiifs and defendant for the purposes of the business of both ; it is therefore immaterial, so far as the question of the relation between the parties in the business of all or any of them is concerned, whether plaintiffs had any title from the government or not, and the admission of the evidence does not affect the case in any way. The court found all the issues in favor of the plaintiffs, and entered its judgment and decree accordingly. There was sufficient evidence l>efore the court — although it was conflicting — to sustain the court, except as to its finding concerning a certain bull, in its holding that the plaintiffs and the defendant were partners in the business mentioned, and that all the property mentioned in the decree, including the pos- session of said lands and all of them, was partnership proper trv\ According to the terms of the agreement as testified to by plaintiff Whipple, whose statement the court found to be true, the partnership was to last as long after Febniary 22, 1898 (averred in the complaint to be February 11, 1898), as the plaintiffs and the defendant could mutually agree. It seems to be a fact that about July 2, 1898, the defendant pointedly and decidedly notified plaintiffs by word and deed that he intended to hold as his own about 160 acres of the land which had been used in the business, and that he would not consent to the buv- ing of a bull which plaintiff Whipple insisted must be had to improve the concern's cattle. After this rupture of their rela- tions, Mr. Whipple bought the bull. As a matter of law, the court erred in holding the animal to be partnership property, it having been bought after the partnership ceased. It is alleged that the court also erred in law in holding that the natural hay growing upon the 160 acres of land which de- fendant, on July 2, 1898, declared he proposed to hold, he hav- ing a little while before staked it off for his own private use, was partnership property. We think the court did not err in this matter. The land thus merely staked off by defendant lay within the concern's company fence, within which fence, and without which staked land, were the dwelling, stables and 26 Mont.] Whipple et al. v. Stuakt. 223- corrals belonging to the ranch property. It cannot be main- tained that tw'o persons, associated in business, having gone upon the public domain, and having inclosed sufficient land for their enterprise in the raising and keeping of live stock, and having built or kept up houses and corrals thereon, and pro- tected by their partnership fence the grass growing upon the land, one of the parties may, against the will of the other, stake out a large part of the land within the fence, and lawfully appropriate to liis sole and private use the grass thereon upon the pretense that it is fructus naturalis on government public land. This is not lawful, any more than that one of two men, ^vho, having driven certain coyotes into an inclosure on public land, which the two by joint enterprise have constructed for the purpose of capturing coyotes in order to secure the scalp bounties, can law^fully round up all or any of the animals, and hold them as his private property, against the wall of his asso- ciate in the business, merely alleging in defense of his act that the animals are ferae naturae. As between the parties, the grass fit for hay, protected by their joint efforts, was, the gov- ernment not objecting, for the use of all the parties in the ranch business, it being valuable property at the time of the withdrawal of the defendant. We find no error in the record on appeal from the judgment, except as to the holding of the court as to the bull, and the judgment should be modified to decree the animal never to have been partnership property, but to be the sole property of the plaintiffs. It is ordered that the judgment be modified as indicated in the foregoing opinion, and, when so modified, that the judgment and decree be affirmed. Costs of appeal, to appellant. Modified and affirmed 224 Sta.te ex eel Healy v, Dist. Coubt. [Dec. T/01 STATE EX EEL. HEALY, Plaintiff, v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT, AND WILLIAM CLANCY, Judge 26 224 ThEEEOF, DEFENDANT. 28 868 Wm <No. 1.764.) 26 2241 31_261\| (Submitted January 6, 1902. Decided January 0, 1902.) Contempt — Certiorari — Application — Copy of Order Com- plained of — Rides of Supreme Court — To Whom Writ to be Directed — Dismissal — Costs, 1. Where an affidavit applying for a writ of review does not set forth a copy of the order complained of, as required by Eule II of the Supreme Court, nor state any reason for such noncompliance, the application will be denied. 2. Where the order sought to be annulled by certiorari was made by the dis- trict court and not by Its Judge, a writ directed to its judge will be quashed, upon motion. 8. Under the provisions of the Code of Civil Procedure, on the dtsmiasal, at cost of relator, of a writ of review to review an order in a contempt pro- ceeding, such proceeding being special, defendant Is entitled to the fee paid by him for the judgment and minute entries included in nis return, and also for the expense of making the transcript, excepting certain pages consisting merely of recitals by defendant. Application for writ of review by the State of Montana, on relation of J. E. Healy, against the District Court of the Second Judicial District and William Clancy, judge thereof. Denied. Motion to tax costs allowed in part. Mr, J, E, Healy, in propria persona, Messrs, McHatton & Cotter, for Defendant PER CURIAM. — Application for writ of review. Writ denied for the reason that the affidavit upon which the applica- tion is made neither sets forth a copy of the order complained of, as required by Subdivision 3 of Rule II of the rules of this court, nor states any reason for such noncompliance. Demed. 26 Mont.] State ex rel Healy v. Dist, Court. 226 On Motion to Tax Costs. (Submittecl March 27, 1902. Decided April 7, 1902.) MR. CHIEF JUSTICE BRAXTLY delivered the opinion of the court. Motion to tax costs. After the writ of review was denied, the relator renewed his application upon an amended affidavit which complied with the rules requiring such an affidavit to set forth a copy of the order complained of. Thereupon the writ was issued, hut, at the instance of the relator, was directed to William Clancy, as judge, instead of to the district court. Upon the certified record returned to the judge, it appeared that the purpose of the application was to have annulled an order made by the district court adjudging relator guilty of contempt This order was made during another contempt pro- ceeding against J. Boyle et cU. for an alleged violation of a temporary restraining order in a cause entitled ''Celestia Nixon V. Oeo. W. Andrews et al." The defendant having interposed a motion to quash the writ upon the ground that he was not the proper party defendant, and that it should have been di- rected to the court, instead of to him as judge, the order com- plained of having been made by the court, and not by the judge at chambers, the motion was sustained. The proceeding was also dismissed at the cost .of the relator, but no written opinion was filed.* The relator has filed his motion to have taxed the cos^s claimed by the defendant, alleging that two items claimed Oii March 13, 1902, the court made the following order : Peb Cubiam : This application haying heretofore been regularly submitted to this court upon motion to quash the writ heretofore issued, and also upon the merits, as they appear from the return of the proceedings made by the Judge of the district court. It is Osdebed that the writ be quashed and set aside for two reasons : (1) Because the writ was directed to William Clancy as Judge, whereas the order sought to be annulled was made by the district court and not by its Jud«:e ; (2) l>ecau8e upon the merits as they are shown by the record it does not appear that the order was improperly made. [O. T. C] Vol XXVI~16 226 State ex rbl Healt v. Dist. Coubt, [Dec. T/01 in the memorandum filed with the clerk, namely, an item of $4 for expense incurred for copies of the minute entry and judgment used by the judge in the preparation of the record returned by him, and an item of $1 paid to the clerk of the district court for the certification of these copies, are not au- thorized by law. The relator relies upon the case of Stat^ ex rel. Baker v. Second Judicial District Court, 24 Mont. 425, 62 Pac. 688, as determinatiye of his contention. It was held in that case that the successful party in a special proceeding is entitled, under the provisions of the Code of Civil Procedure (Sections 1851, 1852), to recover costs as a matter of course. That was an application for certiorari instituted in this court to have reviewed a judgment made and entered in the district court in a case entitled ^^Pfouts v. Baker," — an ordinary action, and not a special proceeding, — ^in which the plaintiff sought to recover from the defendant a balance due on account. In view of other provisions of the Code of Civil Procedure (Section 1943) and of the Political Code (Sections 872 and 4636), the conclusion was reached that in such cases no appearance fee can be collected from the defendant by the clerk of this court, and that no allowance can be made for the expense of the tran- scipt certified up by the clerk of the district court The law provides no fees for the duties performed by these officers in such cases. A distinction was pointed out, however, between that character of cases and those in which decisions of inferior courts in special proceedings are brought before this court for review in any other way than by appeal. Costs in cases of the latter class (that is, in which decisions of inferior courts in special proceedings are brought before this court for review in any other way than by appeal) are governed by Section 1860 of the Code of Civil Procedure, and the same costs are allowed in such cases as in ordinary appeals. The order complained of in this proceeding was made in a contempt proceeding in the district court. Such a proceeding must be classified as a special proceeding (Code of Civil Procedure, Sees. 3470, 3472; In re 36 Mont] Wtmak bt ax,, v. Jekbxn et al. 237 Wellcomej 23 Mont. 259, 58 Pac Til), and questions affecting costs must be determined by the rules applicable to the class of cases mentioned in Section I860, supra. The disbursements by a party for which he may recover costs on appeal are enu- merated in Section 1866 of the Code of Civil Procedura Among these are enimierated fees paid for certified copies nec- essarily used in the action or on the trial, and the reasonable expense of making transcript for the supreme court The item of $1 charged by the district court judge as paid for the certi- fication of copies included in his return is a proper charge, and must be allowed. The transcript furnished by the judge consists of three pages of recitals made by the judge, and four pages of the certified copies of the judgment and minute entry mentioned. For the expense involved in the preparation of the transcript of the certified copies he is entitled to recover his disbursements. The recitals are not a necessary part of the transcript, and for the pages embodying these recitals no charge can be made. The item must therefore be reduced by the amount of $1.70, — ^the proportion of the expense required for the three pages for which no charge may be made. It is therefore ordered that a deduction of $1.70 be made from the item of $4, and that the balance of the bill be allowed. WYMAX ET Ai-., Respondents, v. JENSEN et al. Appellants. ^ J§ (NO. 1.862.) 1^^ (Submitted November 11, 1901. Decided January S, 1902.). Fraudulent Cotweyances — Actiom to Set Aside — Com/plaa/ni — Creditor — lAen — Description — Motion for New Trial — Delay — Amendmerd — Appeal — Review. 1 Where, In an action to set aalde a conveyance of both real and personal property aa fraudulent toward creditor, the complaint does not show that 228 VVyman £t ax. v. Jensen et al. [Dec T/01 plaintiff has a lien on anch property, it falls to state a canse of action for snch relief, and an objection to the admission of any evidence thereunder should, be sustained. 2. In an appeal to a court of equity it is indispensable that the allegations of the bill be clear and exact in the statement of ail material facts consti- tuting the plaintiff's cause of action. 8. Under Code of Civil Procedure (Compiled Statutes of 1887), Section 186, and Code of Civil Procedure of 1895, Section 1218, the mere garnishment of the fraudulent assignee of the stock of merchandise— capable of manual delivery — of the Judgment debtor by the Judgment creditor does not create a lien on such merchandise. 4. Where, in an action by a Judgment creditor to set aside an assignment by the Qebtor of real estate as fraudulent as to plaintiff, the complaint fails to giv^ the location of such real estate or any description thereof, other than that it does not exceed a specified value, an objection to the admission of any evidence should be sustained; the complaint failing to disclose a lien in favor of the Judgment creditor. 5. Under Code of Civil Procedure of 1895, Section 1197, providing tliat a Judgment becomes a lien on realty from the time it is docketed, a com- plaint by a Judgment creditor to set aside his debtor's conveyance of realty as fraudulent, which does not a.llege the docketing of the creditor's Judg- ment, is insufBcient. 6. Under Code of Civil Procedure of 1895, Section 1174, providing that a mo- tion for a new trial may be brought to a hearing on motion of either party, the delay of a party in bringing his motion for new trial to a hearing is not ground for denying the motion. 7. Where, in an action by a Judgment creditor to set aside a fraudulent con- veyance by the debtor, a Judgment for plaintiff is reversed because of the insufficiency of the complaint, the trial court should permit plaintiff to amend. 8. The ruling of the trial court upon an objection to the Introduction of evi* dence for the reason that the complaint does not state facts sufficient to constitute a cause of actlcm — ^being a question of law arising during the trial — may be reviewed either upon appeal from the Judgment or from an order denying a motion for a new trial. Appeal frofnif District Court, Cascade County; J. B. Leslie, Judge. Action by O. C. Wyman, G. H. Partridge and S. D. Coy- kendall, copartners, doing business under the firm name and style of of Wyman, Partridge '& Company, against Andre^v Jensen, and F. P. Atkinson, individually and as assignee of Andrew Jensen. From a judgment for plaintiffs, and from an order denying a new trial, defendants appeal. Reversed. Mr, M. M. Lyier, Mr, A. C. Gomdey and Mr, Ramsom Cooper, for Appellants. Messrs, Sanders & Sanders, Mr, Thos. E, Brady and Mr, Fred. B, Dodge,. ioT Respondents* 26 Mont] Wyman et al. v. Jensen bt al. 229 The general rule is that an objection to the equity of the plaintiflPs claim, as stated in the bill, must be taken by de- murrer. This rule, says Justice Gray of the Supreme Court of the United States, "is so well established that it has been constantly assumed, and, therefore, seldom stated in judicial opinion." (Farley v. Kitson, 120 U. S. 303-316, and cases there cited.) It is of course implied in the above holding that the subject-matter of the action is one of which the court may take equitable cognizance, and that it has jurisdiction of the parties. This being the case, then defects or omissions in the pleading suflBcient to oust tlie court of jurisdiction of the par- ticular case, may be and are waived by failure to demur or plead in bar. (Brown v. Lake Superior Iron Co., 134 XT. S. 530-536; iS<. Paid £ Sioux R. Co. v. Robinson, 41 Minn. 394; Osirander v. Weber, 114 N. Y. 95; Crocker v. Dillin, 133 Mass. 91 ; Sherry v. Smith, 72 Wis. 339 ; Consolidated, etc. v. Coombs, 39 Fed. 25 ; McVey v. Manatt, 80 la. 132 ; Beach on Equity Practice, VoL I, Sec. 13 et seq.) The allegations in the complaint were sufficient to show prima fade that plaintiffs had acquired a lien or right. (Spooner v. Bay St. Louis, 44 Minn. 403 ; Renard v. O'Brien, 35 K Y. 99-103; Dana v. Bank, 6 Marshall (Ky.), 219; Illinois, etc. v. Graham, 55 111. App. 266; Young v. Clapp, 40 111. App. 312; Piatt v. Cadmell, 9 Paige 386; Williams v. Hogeboom, 8 Paige 469 ; Cassidy v. Mea^ham, 3 Paige 311 ; Mariner v. Coon, 16 Wis. 490 ; Bank v. Spencer, 18 N. Y. 150.) In support of the claim of error in the admission of any evi- dence under the complaint, counsel for appellants cite Wilson V. Harris, 21 Montana, 374; as to this case, we respectfully ask that the court reconsider the decision in question for the reasons following, to-wit: That as stated in the opinion of Mr. Justice Pigott, the question presented was with this court one of first impression. That the construction given to the section in question negatives any real purpose, intent or design in the .enactment of it, and so far restricts it as practically t^ 230 Wyman et al. v. Jensen et al. [Dec. T.'Ol read it out of the Code. That auch construction is contrary to the construction given it by the courts of the state from which it was adopted, and is contrary to the construction generally given to statutes of like import by the courts of other states. That it establishes a rule of procedure singular to the state of Montana, and out of harmony with and contrary to the spirit and trend of the decisions of this country with respect to the enforcement of debts and obligations. {Roberts v. Landecker, 9 Cal. 261-267 ; Robinson v. Trevis, 38 Cal. 612 ; Kimball v. Richardson, Kimball Co., Ill Cal. 386-393 ; Rwventas v. Green, 57 Cal. 254; Walters v. Rossi, 126 Cal. 644; Drake on Attach- ment, Sees. 452, 453 ; Wade on Attachment, Sec. 338 ; Waples on Attachment and Garnishment, pp. 687-591 ; 14 Am. & Eng. Ency. Law, 755-6; Eood on Garnishment, Sec. 193.) The following authorities are to effect that by garnish- ment the court acquires jurisdiction of the reSy that the property in the hands of the garnishee, whether debt, credits or chattels, is in custodia legis and that a lien, equitable or inchoate, is ac- quired thereon. (Allen v. Hall, 5 Met 263; Winner v. Hoyt, 68 Wis. 227; Maxwell v. New Richmond, etc., 101 Wis. 2d6; North Star Boot & Shoe Co. v. Ladd, 32 Minn. 381 ; Bethel V. Chi'pman, 57 Mich. 379 ; Moore v. Speed, etc., 55 Mich. 84 ; Northfield Knife Co. v. Shapleigh, 24 Ifeb. 635; American Cent. Ins. Co. v. Hettler, 37 Neb. 849 ; Wilder v. Weatherhead, 32 Vt. 765 ; Focke et al. v. Blum^ 82 Tex. 436 ; Beamer v. Wi7iter, 41 Kan. 596 ; State Nat. Bank v. Boatner, 39 La. Ann. 843 ; Buschman v. Hanna, 72 Md. 1 ; Carter v. Koshland, 13 Ore. 615 ; Western R. Co. v. Thornton, 60 Ga. 300 ; Barber v. Ferrill, 57 Ala. 446 ; Barton v. Spencer, 3 Okla. 270 ; In re Peck, 16 Nat Bk. Reg. 43 ; Central Trust Co. v. Chattanooga, 68 Fed. 685 ; Brashear v. West, 7 Peters, 608 ; Mattingly v. Boyd, 20 How.. 128; Cooper v. Reynolds, 10 Wall. 317; Mont. Nat. Bk. V. Mer. Nat. Bk., 19 Mont 586; Opinion of Mr. Justice Hunt in Wilson v. Harris, 21 Mont 405 ; State v. Linor weaver, 40 Tenn. 51; Harris v. Mooney, 39 Conn. 37.) In modern practice, where the property is personal, the lien 26 Mont.] Wyman et al. v. Jei^sek bt al, 231 is usually acquired by garnishment or by service of copy of execution with notice. That this method is in this state suffi- cient as to property not capable of manual delivery or seizure, there is no question, whatever contention there may be is as to the eflFect, if any, of garnishment notice upon chattels that might be seized. Most of the cases above cited were creditors' suits, and support the proposition that garnishment creates a sufficient lien. In many cases it is held that the filing of the bill is an equitable attachment and sufficient. (Wait on Fraud- ulent ("onveyanjes and Creditors' Bills, Sec. 68-75 ; Pierstoff v. JorgeSy 86 Wis. 128 ; Chardavoyne v. Galhraith Co., 81 Ala. 521 ; Livingston v. Dry Goods Co., 12 Colo. App. 320; Fecheir mer v. Hollander, 1 L. R. A. 368.) In New York, where gar- nishment is unknown, a lien is acquired on tangible property by the appointment of a receiver. (Kitchen v. Loirery, 127 X. Y. 53-60.) The court did not err in refusing to hear upoa its merits defendants' motion for a new trial and in its denial of same for laches. The motion in question was made 104 days after the settlement and filing of the statement. The statute required it to be made "at the earliest practicable period'' after the filing of the statement. That there was an unusual delay is evident. Whether there was any excuse for the delay was a question peculiarly within the province of the trial judge and the facts within his knowledge largely. A question of diligence is always addressed to the sound discretion of the trial judg?. {Bcggs v. Clark, 37 Cal. 236 ; Chabot v. Tucker, 39 Cal. 434 ; Burlock v. Shupc, 17 Pac. (Utah), 19; Kimball v. Parmelec, 29 Minn. 302; Gorman v. McFarland, 13 Tex. 237.) A court of appeal will not review a discretionary order un- less there has been a manifest abuse of discretion. (Smith v. Smith, 51 Wis. 665; Third, etc. v. Loomis, 32 X. Y. 127; Stat€ V. Barrett, 40 Minn. 65 ; Griggsby v. Schwarz, 82 Cal. 278; Montana 0. P. Co. v. Boston, etc., 22 Mont. 159; Eck- stein V. Calderwood, 27 Cal. 413 ; Boggs v. Clark, 37 Cal. 236 ; Descalso v. Duane, 33 Pac. 328 ; Woodward v. Webster, 20 Mont. 279; Doon v. Tesh, 131 Cal. 406.) 232 Wyman et al. v. Jensen et al. [Dec, T/01 Opinion of the court by Hon. Frank Henky, judge of the Sixth judicial ciistrict, acting associate justice, in place of Mk. Justice Pioott, disqualified. This action v/as instituted by respondents to set aside and have declared void a certain deed of assignment made under the general assignment laws of this state, wherein the appellant Andrew Jensen purported to convey to Charles T. Hull, as- signee for the benefit of his creditors, all the lands, goods, chai- tels, accounts, notes, books of accounts, and demands of every description belonging to the said assignor, and which said prop- erty or the proceeds therefrom was at the time of the com- mencement of this action in the possession of F. P. Atkinson, the successor of said Hull as assignee; said Hull having died on the 1st day of May, 1897. On the 20th day of December, 1897, the cause came on regu- larly for trial l)efore a jury, and upon the introduction of evi- dence by plaintiffs (respondents) the defendants (appellants) objected to the introduction of any evidence on the part of the plaintiffs, for the reason "that the complaint did not state facts sufficient to constitute a cause of action, in that no equity was stated in said complaint." This objection was by the court overruled, and subsequently the court made an order of refer- ence, and the cause was sent to a referee, with directions to hear the testimony and to find upon the questions of fact, to make conclusions of law, and report the same, together with a judg- ment in the case. Thereafter t)ie referee made his findings of fact and con- clusions of law, and reported the same to the court, together with a decree declaring said deed of assignment void, as having l)eon made by the said Jensen with the intention to cheat, delay and defraud his creditors, and particularly the plaintiffs herein, and directing the said Atkinson, assignee, to pay the plaintiffs out of the trust fund in his hands the sum of $4,112.68, with intetrest thereon at the rate of 10 per cent, per annum. This decree was signed by the court on the 15th day of January, 1898 36 Mont] Wyman et al. v. Jensen et ai.. 233 Thereafter the defendants made a motion for a new trial, which was subsequently overruled by the court, and from the judgment and order overruling the said motion these appeals are prosecuted. Did the trial court err in overruling defendants' objection to the introduction of evidence? In. an appeal to a court of equity it is indispensable that the allegations of the bill be clear and exact in the statement of all material facts constituting the plaintiff's cause of action. It should show with reasonable certainty the rights of the plaintiff, the manner in which he is injured, as well as^the material cir- cumstances of the time, place, manner, and other incidents, — the particulars, in other words, — attending the alleged fraud because of which he seeks the assistance of the court; and in actions of this character it is essential that it disclose a lien upon the property sought to be subjected to the payment of plaintiff's demand. The general creditor is in no position, merely because he is a creditor, to assail an alleged fraudulent sale by the debtor; and, if he seek the aid of a court of equity to enforce his rights, it must clearly ap'pear that he has placed himself in a position to have the court enforce his rights in subjecting the particular property to the payment of his de- mands by the removal of obstacles fraudulently interposed, and that he is remediless in collecting his just claims in a court of law. While some of the authorities go to the extent of holding that an attachment lien will not support a creditor's bill before judgment is obtained, yet it is a necessary condition precedent to the right to be heard in a court of equity that he have a lien, and that fact must appear from his bill. Among text writers, as well as in the decisions of courts, there is a general unanimity of opinion as to the attitude to be assumed by a creditor in pursuit of the property of his debtor, which he alleges has been fraudulently placed beyond his reach. All cases of this character proceed upon the well-settled prin- ciple that the judgment creditor, before he seeks the aid of a court of equity and solicits its assistance in enforcing his rem- 234 Wyman et al. v. Jknsen et ai. [Dec T.'Ol edy by removing obstructions from his path, haa complied with the essential requisite of having first secured a lien upon the specific property that he seeks to have subjected to the pay- ment of his judgment Before coming into equity he must exhaust his legal remedy. Briefly stated, the well settled doctrine almost universalh adopted by the courts is: The creditor must first have estab- lished his charge or lien upon the property of his debtor. Un- less he has done so, a court of chancery will afford him no relief, and he has no right to question his debtor's disposition of it. Bump on Fraudulent Conveyances, Sec. 535, states the doc- trine in cases of this character as follows : "A f audulent trans- fer is valid against all persons, except those who proceed to appropriate the property by due course of law to the satisfac- tion of the creditor's debts. As it is valid against a simple contract creditor, such creditor cannot ask the aid of a court of equity to set aside the transfer ; for it does not interfere with his rights. Equity has jurisdiction of fraud, but it does not collect debts. A creditor must establish his demand at law, and obtain a lien upon the property, before the transfer inter- feres with his rights, or he has any title to claim relief in equity. Xo creditor can be said to be delayed, hindered or defrauded by any conveyance until some property out of which he has a specific right to be satisfied is withdrawn from his reach by a fraudulent conveyance." In Westheimer v. GoodUnd, 24 Mont. 90, 60 Pac 813, the learned justice delivering the opinion of the court uses the fol- lowing language: ^As soon, however, as he (the creditor) acquires a lien upon the specific property which was the subject of the sale, his status is that of one who has brought himself, if the expression may be used, into privity with the property, and courts of law will then afford relief. After the exhaustion of legal remedies, the extraordinary jurisdiction of chancery may be invoked, either to reach assets which cannot be seized under a writ of execution or to remove a cloud upon the title 26 Mont] Wyman et -ax. v. Jensen et al. 235 to, or an obstruction standing in the way of legal process against the property, which, if not removed, may prevent a sale at a fair price. But in any case, and in all cases, whether the relief sought be legal or equitable, the creditor or other person who, as plaintiff or defendant, would avoid a sale or transfer for the reason that it was made with intent to defraud him of his demands, must have a lien or charge upon, or an interest in, the particular property which he desires to have subjected to the payment of his claim. As to the general cred- itor, such a sale is voidable, in the sense that when he shall have acquired a lien upon the property affected, but not before, tht? sale becomes inoperative as to him, not only from the date the lien was imposed, but ab initio/^ Did the plaintiffs in this case bring themselves within the rule we have stated by first securing a lien upon the property in the hands of the assignee ? Among the many allegations of the complaint, it is averred that on the 4th day of March, 1897, in an action at law, the plaintiffs recovered judgment against the defendant Andrew Jensen for the sum of $4,112.68, and that on said date an execution was issued thereon and placed in the hands of the sheriff for service, who on the 8th day of March, 1897, made the following return on said writ: "I hereby certify that I received the within writ on the 4th day of March, 1897 ; that I garnished Chas. T. Hull, who makes return annexed hereto; also made demand of Andrew Jensen to pay the same. He refused payment, saying he was unable to do so, as he had no means of paying the same. I hereby return the within writ wholly unsatisfied." The foregoing is the only allegation con- tained in the complaint touching the action of the sheriff under the execution and the return of said Hull. It does not appear what statements Hull's return contained. It also appears from the complaint that the principal prop- erty assigned consisted of a general stock of merchandise in Great Falls and Sand Coulee, and was at the time of the ser- J ^36 Wyman et al. v. Jensen et al. [Dec T/01 vice of notice of garnishment in the possession of Charles T. Hull, assignee. The complaint in this case, in respect to the allegations charg- ing a lien upon the property in the hands of the assignee, is almost identical with that in Wilson v. Ha/rris, 21 Mont. 374, 54 Pac. 46. The character of the personal property sought to be charged with a lien is the same, as well as the method pur- sued in attempting to create a lien, and as to the sufficiency of the complaint is decisive of this case. After the thorough and exhaustive discussion of the third and fifth subdivisions of Section 186 of the Code of Civil Procedure, Compiled Statutes of 1887, by the justice delivering the opinion of the court in that case, it would seem that further discussion as to the legis- lative intent is unnecessary. We are of the opinion that the views therein expressed in no way conflict or are inconsistent with the other provisions of the attachment law, but are in perfect harmony with them, and that the conclusions reached by the court in its construction of said subdivisions are but the reasonable and logical deductions to be drawn from the lan- guage used. Said subdivisions are as follows: "Third. Per- sonal property capable of manual delivery shall be attached by taking it into custody. * * * Fifth. Debts and credits and other personal property not capable of manual delivery shall be attached by leaving with the person owing such debts, or having in his possession or under his control such credits and other personal property, or with his agent, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession or under his control belonging to the defendant, are attached in pursuance of such writ'' While these subdivisions provide the method by which a lien may be secured by attachment, and while in the case at bar the property was sought to be charged under a writ of execution, the method to be followed under the two writs is the same In both instances property capable of manual delivery must be actually seized and taken into custody. Section 1218 of the 26 Mont.] Wyman et al. v^ Jensen et al. 237" Code of Civil Procedure contains the following provision : "AIL other property not capable of manual delivery may be attached, on execution, in like manner as upon writs of attachment' And as we have seen in Wilson v. Harris, supra, if no lien is created on personal property capable of manual delivery by the service of notice of garnishment, none certainly would at- tach on the same character of property on a writ of execution. Manifestly it is the intent of the act to require the officer charged with the execution of a writ to take personal property,, capable of manual delivery, into his custody. To what purpose^ would the levy be made on a writ of execution if it was not taken into the actual possession of the officer ? That he should do so is self-evident from the very nature of the duty he is commanded by the writ to perform. If his possession is but constructive, — obtained by service of garnishment, — while the- execution debtor or a third person has the actual possession of the property, how will he be able to conduct a sale in conformity with the law, which requires him to expose the property to the- view of prospective purchasers who attend the sale ? Section 1227 of the Code of Civil Procedure, among other provisions, contains the following :• "When the sale is of per- sonal property, capable of manual delivery, it must be within view of those who attend the sale, and be sold in. such parcels- as are likely to bring the highest price. * * * Xhe judg- ment debtor, if present at the sale, may also direct the order in which property, real or personal, shall be sold, when such property consists of several known lots or parcels, or of articles which can be sold to advantage separately, and the sheriff must follow such directions." The complaint contains no allegation that at the tijne the- notice of garnishment was served the defendant Hull had in his possession any property which was not capable of manual delivery. : The ser\uce of notice of garnishment under the circumstances- of: this case — if the return of the sheriff quoted, were sufficient 238 Wyman et al. v. Jensen et al. [Deo. T/01 to show such service, would create no lien upon the property of the debtor capable of manual delivery. The complaint also contains an allegation that ''the real estate conveyed by said assignment does not exceed in value the sum of $1,500." This is the only reference that is made to the real estate conveyed by the deed of assignment As to its description and location, we are left entirely to conjecture. It may be in the county in which judgment is alleged to have been rendered, or it may not. If one seek the aid of a court of equity against Ibe re:il t'^rntc of his debtor, he must show a lien, by judgment at laT^ or ntherwise, on such real estate or an in- terest therein. The same necessity exists for the allegation of fact showing a lien upon real estate as upon personal property- In this respect the complaint is likewise fatally defective in the lack of averment of material facts that charge the real estate with a lien. Before real estate can be charged with a judgment lien, it is absolutetly essential that the judgment be docketed, — unless this is done, no such lien is created. There is no allegation in the complaint that plaintiffs' judgment was docketed. The mere rendition of a judgment creates no lien. (Section 1197, Code of Civil Procedure; Creighton v. Hersk- field, 2 Mont 390; Sklower v. AhhoU, 19 Mont 228, 47 Pac 901.) For the reasons hereinbefore stated, the complaint is wholly lacking in the averment of material facts absolutely essential to plaintiffs' right of recovery, and the court should have sus- tained defendants' objection to the introduction of evidence, for the reason ihat the complaint does not state facts sufficient to constitute a cause of action. A motion for a new trial was denied on the sole ground, as appears from the order denying the motion, that the moving party was dilatory in presenting the motion. Xo consideration was given to the grounds of motion. The court erred in holding that delay in bringing on the motion for a hearing was a sufficient ground of denial of such motian. flither party has the privibge of calling up the motion; therefore the pre- 26 Mont] Wtman et al. v. Jsn8sn et al. 239 vailing party cannot complain if the adverse party does not ask the court to hear the matter. The motion for a new trial should have been considered and decided upon the grounds of the motion. (Section 1174, Code of Civil Procedure; Sweeney v. GreaJ; Falls £ Canada Railway Co., 11 Mont 34, 27 Pac. 347.) As the judgment, for the reasons given in this opinion, must be reversed, it is unnecessary to consider the appeal from the order denying the motion for a new trial. The court below should permit plaintiffs to amend their com- plaint to state a cause in equity, if they are able, in the light of the actual facts and of the law, as stated in this opinion to do so; and, as the reversal of the judgment, under the cir- cumstances of this case^ in effect reverses the court's order denying the motion for a new trial, a new trial should be al- lowed, if plaintiffs amend as suggested. Judgment re\'^ersed, and cause remanded for proceedings in accordance with the views above expressed. Reversed and remanded, Mb. Justice Milburn : I concur. Mb. Chief Justice Bbantly: I concur in. the result, as well as in the method by which it is reached. Judge Henry treats the question of the sufficiency of the complaint as arising upon the appeal from the judgment I think this is correct, though, upon the record in this ease, it makes no difference whether it be considered upon the one appeal or the other. In a case io) which the complaint wholly fails to state a cause of action, the question of its sufficiency may be presented in this court for the first time by assignment in the brief, even thcpugh no attack has been made in the trial court by demurrer or otherwise. (Code of Civil Procedure, Sec 685 ; Whiteside V. Lebcher, 7 Mont. 473, 17 Pac 548 ; Oarver v. Lynde, 7 Mont 108, 14 Pac 697 ; Quirk v. Clark, 7 Mont 231, 14 Pac 669.) In any case the same question may be presented upon 240 Wyman e't ai* v, Jestsbn bt al. [Dec T/01 appeal from the judgment when timely objection to the intro- duction of fcividence is made in the court below, and exception is reserved and incorporated in a bill, as provided by the stat- ute. (Section 1154, Code of Givil Procedure.) Such a bill becomes a part of the judgment roll, and upon appeal from the judgment the niling may properly be reviewed. The question may also be preaented in a bill of exceptions, or statement on motion for a new trial. In the event this course is pursued, the sufficiency of the pleading may be examined, either on ap- peal from the judgmotit after the motion is denied or upoo appeal from the order denying it Under the provisions of Section 1736 of the Code of Civil Procedure as construed by this court in Withers v. Kemper, 25 Mont. 432, 65 Pac. 422, the statement or bill of exceptions used on the motion is availa- ble on appeal from the judgment, equally as upon an appeal from an order denying a new trial, for the purpose of having this court review all questions of law arising during the progress of the trial. In this case a motion for a new trial was properly made upon a statement. It was denied on the sole ground that the defendants did not call it up for hearing as promptly as in the opinion of the court they should. This was clearly error, for the reason that the successful party may not be heard to charge his adversary with laches in the prosecution of his mo- tion, while it is his privilege under the statute (Section 1174, Code of Civil Procedure) to have the motion disposed of at any time after the statement or bill of exceptioiis has been pre- pared and filed. The ruling, however, was equivalent to a de- nial of the motion on its merits, at least in so far as mere questions of law were involved ; and, so treating it, all the ques- tions presented by the motion, other than those arising upon grounds properly addressed to the discretion of the trial court, such as the question of the weight of evidence and the Uke^ are properly before us for review upon the appeal, either from the order or from the judgment . In Voll y. Hollis, 60 Cal. 569, and in Oriffith v. Orwner, 47 Cal. 644, the supreme court of California treated an order dismissing a motion for a new 20 Mont] In xx Wsed. 241 trial as equivalent to an order denying a new trial, and, upon appeal therefrom, reversed it upon the merits. While I think the strictly logical course would be to reverse the order denying a new trial when it is made upon a groamd not involved in the merits, and to direct the trial court to pasft upon the merits, as was done in Sweeney v. Great Falls & Canada Railway Co,, supra, cited by Judge Henry, yet for all practical purposes the same result is reached by considering and determining all questions of law arising ujwn the reccird, just as if the motion had been deni^d generally upon the merits. If, however, in such a case the moftion should present grounds addressed ex- clusivelv to the discretion of the trial court, then this court could not consider them upon appeal from the order, but would, if it were necessary to consider them, remand the cause to the district court, and require that court to first .consider and pass upon them, as was done in Sweeney v. Oreat Falls & Canada Railway Co., supra. In the present case the principal question being one of law, it is properly before us either upon appeal from the judgment or from the order denying the mo- tion. Mr. Justice Pigott, having been of counsel, did not hear the argument^ and takee no part in this decision. In re weed. <No. 1,744.) (Solimitted December 23, 1901. Decided January 13, 1902.) '^ 241 m 608 28 241 Attorney — Disbarment — Sale of Realty — Subsequent Transfer 28 aa — Fraudulent Intent — "0/^ Construed to Mean ''and" — ■» 467 Deceit — Accusation — Verification, H ^/ 1. Compiled Statutes of 1887, Fourth Division, Sec. 200, declaring that any person disposing of land, and thereafter Icnowingly "or" fraudulently acaln Vol. XXVI-16 242 In be Weed. [Dec T.'Ol disposing of it to another person, for a valuable consideration, shall be guilty of a felony, being designed only to prevent the defrauding of one or the other purchaser, should be read as if "and" instead of *or' were used; and a petition in disbarment proceedings, alleging that respondent sold lands to petitioner, agreeing to convey on payment of the price in In- stallments, after payment of part of which respondent deeded the land to another party, and subsequently refused to convey to petitioner, but not alleging that reapondent intended to defraud anyone; that the second transfer was for value ; that petitioner had tendered the amount still due, or that the subsequent transfer was such that respondent was unable to procure the title for petitioner upon tender of the remainder of the price, — did not charge a violation of the statute rendering respondent liable to disbarment, under Code of Civil Procedure, Sec. 402, providing that an attorney who is guilty of any crime, deceit, malpractice, or misdemeanor may be disbarred. 2. The fact that respondent received payments after having conveyed to the third party, and did not Inform petitioner of such conveyance, did not show that he was gniilty of deceit; such action being entirely consistent with a purpose to obtain title for petitioner on payment of the full pur- chase price. 3. Under Code of Civil Procedure, Sec. 420, providing that the accusatiou in disbarment proceedings must be verified by the oath of some person that the charges are true, charges verified upon information and belief will not be considered, • Proceeding for Hie disbarment of Elbert D. Weed, on ax5cu- satixms filed by Theodore A. Mayer. The accused filed written objections to the sufiiciency of the charges. Objections sus- tained. Mr. James Donovan, Attorney General, amicus curiae. Messrs. McConnell <& McConnell, for Weed. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the courts On December 4, 1901, one Theodore A. Mayer, appearing in person in this court, presented a written accusation verified by his own oath, containing certain charges of fraud and deceit against Elbert D. Weed, a member of the bar of Montana, and asking for an order that the name of said Weed be stricken form tlie roll of attorneys and counselors at law. The accusa- tion contains five separate counts. The first involves a transr action between the accuser and Weed, and charges, in- sub- stance, that on December 7, 1894, the said Weed made a writr ten contract with Mayer, under the terms of which he sold and 26 Mont] Ik se Weed. 243 agreed to convey to Mayer 8Q acres of land situate in Lewis and Clarke county, for the sum of $800, upon payment by the latter of $125 dowm, $200 on or before January 15, 1895, $175 on or before March 1, 1895, and $300 on or before De- cember 1, 1895 ; that at the date of the contract Weed held the legal title to the land ; that on April 17, 1895, Mayer made the payments of $200 and $175 which fell due on January 15 and March 1, 1895, respectively, and that the receipts, for these simis were dated as of the times at which the respective payments should have been made ; that Mayer did not have the contract recorded, for the reason that he had implicit confi- dence in Weed, and for the reason that he did not know this was necessary for the protection of his rights ; that on or about April 2, 1895, the said Weed conveyed the land described in the contract to one Luther F. Smith by deed which was put upon the records of Lewis and Clarke county on April 15, 1895 ; that Weed did not at any time notify Mayer that the land had been conveyed, but that, on the contrary, he received payments from Mayer amounting to $375 after the deed of April 2 was executed and delivered to Smith; that thereafter, on August 28, 1895, Weed wrotle Mayer that he would be ready in a short time to make the title good; that Mayer did not learn of the transfer of the land by Weed until September 12, 1901, when one Jeinnie Smith Heath, as grantee of Smith, demanded from Mayer possession of the premises ; that during all the time after his said transfer to Smith the said Weed concealed the fact of the transfer, and led Mayer to believe that he would be able to convey to Mayer according to the terms of their agreement ; that during all of said time the said Mayer resided upon the land, expending large amounts of money and labor in improving it, having full confidence that he would finally receive the title thereto from Weed ; that now he has learned that Weed is not the owner of the land and cannot con- vey it to him ; that Weed refuses to refund to him the money paid under the terms of the oontract ; that he refuses to convey the title ; that Mayer has been compelled to enter into an agree- 244 In be Wejsd. [Dec T/01 ment with Jennie Smith Heath by which he ooeupies the land as her tenant^ and hs^ thus lo^t^ not only the amount paid Weed^ but also the labor and money expesided in improving the land ; and that by reason of the lapse of time the said Weed cannot now be prosecuted for the crime thus committed. The remaining four coimts contain charges growing out of transac- tions between Weed and other persons^ some being charges in- volving hi8 persoiud charBcter, and others hb honesty and in- t^grity as an attorney and counselor at law. The all^ations in the first count are verified upon personal knowledge of the accuser; the other counts are verified upon information and belief, and are not supported by sworn statements from the persons having knowledge of the facts. The accused, reserving his right to controvert the truth of the charges, as permitted by the statute (Code of Civil Procedure, Sec. 423), has filed written objections to their sufficiency to put him on trial. To the first count objection is made^ among others, that it does not charge the accused vriih. any deceit^ malpractice^ crime, or misdemeanor, and, generally, that it does not allege sufficient to show the accused guilty of violating any of the provisions of Section 402 of the Code of Civil Procedure defining the causes for which an attorney and counselor may be removed from his office. The only objection made to the other charges is that they are verified upon information and belief only, and not upon the knowledge of the accuser or any other perwn. The sufficiency of the facts alleged in them to warrant an order of disbarment is not questioned. The attorney general has appeared by request of this court as amicus curiae, and has filed a written argument in support of the charges. He ooncedes the contention of the accused that the accusation attempts to present a cause which falls within the class contemplated by Subdivision 6 of Section 402, supra, and that if the facts alleged do not show the commission of such a crime or misdemeanor, or such acts of deceit as imply moral turpitude in the accused, the charge is not sufficient, in substance, to warrant an investiga^ 26 Mont] In bs Webd. 245 tion. Two questioDSy therefore^ must be dertermined : (1) Whether the charge in the first count is sufficient in substance ; and (2) whether the verification, upon information and belief only, as to the other counts, meets the requirement of the stat- ute. We are of the opinion that both must be answered in the negative. 1. The part of Section 402, supra, pertinent to this discus- sion, is the following: "An attorney and counselor may be re- moved or suspended by the supreme court * * * (5) who is guilty of any deceit, malpractice, crime or misdemeanor." The purpose and intent of this provision was considered by this court in the ease of In re Wellcome, 23 Mont 140, 58 Pac 45, and the application to be made of it is stated thus: "Subdi- vision 5 is broad enough in its language, and sufficiently com- prehensive in substance, to embrace all public offensee, where- soever committed, by attorneys, and to clothe the court with jurisdiction of an accusation imputing to an attorney the com- mission of any crime or misdemeanor wherever the offense of itself invokes or the circumstances of its perpetration reveal the existence of moral turpitude, or the facts attending it evince such gross misoomduct as exhibits his unfitness to remain in the pirofession. The fifth subdivision, notwithstanding its iingraramatical construction, seems to have been enactetd ex industria, to the end that the court may purge the bar of those attorneys whose characters, as illustrated bv the evidence esr tablishing the truth of the charges preferred, lack the attributes of morality which are an essential to admission, and which should be required as a continuing condition of the right to practice.'* In other words, when an attorney is shown to have committed a crime or misdemeanor, attended by such circum- stances as imply moral turpitude, or when he has been guilty of such gross misconduct falling short of actual crime that it m.ust have been the result of a depraved nature or immoral habits, rendering him unworthy of the confidence of his fellow men, he should be deprived of the right to remain in the pro- fession, just as the right to enter it would have been denied 246 In be Weed. [Dec T/01 him had he been shown tx> poeseea the same attributes of char- acter at the time he applied for admission. This construction was approved, and the reasons in support of it stated at some length, in a subsequent opinion upon another phase of the same case (In re Wellcome), repoorted in 23 Mont, at page 213, 58 Pac. 47, and was the basis of the final judgment therein (Id. 23 Mont 450, 59 Pac. 445). That no crime is charged in this count is clear. Section 200 of the Fourth Division of the Compiled Statutes of 1887, which were in force at the time the conveyance to Smith is alleged to have been made, reads as follows: "Sec 200. Any person or persons after once selling, bar- tering, or disposing of any tract or tracts of land, town lot or lots, or executing any bond or agiieement for the sale of lands^ or town lot or lots, who shall again knowingly or fraudulently sell, barter, or dispose of the same tract or tracts of land, op town lot or lots, or any part thereof, or shall knowingly or fraudulently execute any bond or agreement to sell or barter, or dispose of the same land, or lot or lots^ or any ]^rt thereof, to any other person or persons, for a valuable consideration, every such offender, upon conviction thereof, shall be punished by imprisonment in the territorial prison not lees than one year, nor more than five years." If we substitute the conjunctive "and" for the disjunctive "or" connecting the words "knowingly" and "fraudulently," this section is made identical, except in the extent of the pen- alty, w^th Section 132 of the Act of the legislature of Cali- fornia of 1850 in relation to crimes and punishments. Like many other provisions of oiur Codes, the section quoted was adopted from the California Act, though we find similar pro- visions among the criminal statutes of other states. The pur- pose of the legislation is to declare it a felony to sell, barter, or dispose of lands, or to make an agreement therefor, for a valuable consideration and with fraudulent intent, after having once sold them, or made an agreement to sell them, to another. The construction to be given to the phrase "knowingly or 26 Mont.] In k& Weed. 247 fraiiduleatly" presents more difl&culty. This is not encountered in the California Act, and disappears from our own if we read ^and" instead of "or." Under the former the offense was suffi- ciently charged if it was alleged that tJie second sale, barteoring, disposition, or agreement was made with intent to defraud. {People V. Gamett, 35 Cal. 475, 95 Am. Dec. 125.) We think "or" should be read 'and." This conclusion is based both upon the history of the legislation and ui>on a consideration to be hereafter noticed. The California section was adopted from the statute of 27 Elizabeth, (liapter IV {People v. Gar- tiettj supra.) The mischief sought to be prevented by the Act was, among others, a second disposition of lands already dis- posed of, with intent to defraud either tlie first or second pur^ chaser. By express terms, it designated the person to be in- jured by the fraud as either the first or second purdia^ser. The California statute as well as our own left this to s}>e!Culation. But the supreme court of (California, having the section under consideration in People v. Garnett, supra, held that under a proi>er construction of it, in view of the mischief souglit to- be remedied, the only person who could be injured was the first or second purchaser, and that it was sufficient if it l>e charged that the fraud was intended to* injure either. Wo may remark, in passing, Uiat the California Act of 1850 was tunended under the Code as adopted in 1872 (California Penal (>jde, Sec. r)33), and that the amended section was incori)oratetl in the Penal Code of Montana of 1895 as Section 935. The purpose of the amendment was to make clear the designation of the person to be injured by the fraudulent sale. The essence of the offense, under all those statutes, is, how- ever, a second sale of the same land, for value, with intent to defraud. The section (200) of the Compiled Statutes quoted is found in the chapter entitled ^^Offenses Committed by Cheats, Swindlers and Other Fraudulent PerscMs," and the act de- nounced by it as an offense is thus classed with a number of offenses, each of which requires a specific fraudulent intent. 248 In »£ Weed, IBeo. T/01 Tiifi same is true of Section 935 of the Montana Code of 1895, referred to. Looking, therefore, to the origin and purpose of the legisla- tion, it seems clear that^ in order to complete any offense fall- ing mthin the purview of the statute, the second sale or dispo- sition of lands must be made, not only with full knowledge of the prior conveyance, but also with a fraudulent — that is, a deliberately planned — purpose and intent to deceive, and there- by gain an unlawful advantage. This view would require '^or" to be read "and." It is strensrthened by the additional con- sidoration that, if the disjunctive be allowed to stand, with its ordinary signification, the statute would render every second sale of lands by the same person for a valuable consideration a felony, whether it be fraudulently made or not; for it is hardly conceivable that such a second sale could be made by the same i)erson without knowledge of any previous sale made by him. To illustrate: If A. should sell to B. by a good and sufficient deed, whicli was properly put on record, and then should sell to 0., after fully informing C. of the former sale to B., A. would not be guilty of an offense, within the meaning of the statute. This is the identical case considered in People V. Garnetty svpra, wherein it was held that under such circum- stances no offense was committed, because it appeared that there was no fraudulent intent While we should, ordinarily, be reluctant, to say that the leg- islature did not intend to denounce as an offense an act which clearly falls within the letter of the statute, we do not hesitate to do so when the act in question is in itself without harmful effect or tendency, and it is reasonably clear that thedegisla- ture did not intend to prohibit it^ We shall therefore read the statute as identical in the particular mentioned with the Cali- fornia statute, and construe it accordingly. To make out the offense, it must be alleged and proven: (1) That a sale and conveyance, or an agreement therefor, have l)een made; (2) that a second sale and conveyance, or an agree- ment therefor, have been made for a valuable consideration; 26 Mont.] In be Webd. 249 and (3) that suck second sale has been knowingly made, and with a felonious intent to defraud either the first or second purchaser. The facts set forth in the first count of the accusation fall verj" far short of these requirements. So far as appears there- from, there was no intent to defraud either Mayer or Smith bv the transfer to Smith. The conveyance to Smith may • •.'1/ have been upon conditions and stipulations preserving all of Mayer's rights, or with such reservations as would enable Weed to procure title for Mayer upon a tender by the latter of the remainder of the purchase price. It is nowhere alleged that the conveyance was intended to defraud any one, nor that it was for a valuable consideration. It is alleged that Weed has refused to convey the title to Mayer ; but this he had a perfect right to do, so long as Mayer was in default in making payment under the contract There is no allegation that a tender has l)een made, nor any reason stated by w^ay of excuse. While we do not wish to be understood as saying that the charges in such cases as the one presented should be made wdth all the technical precision required in an indictment or information, nevertheless the accused is entitled to know^ with what particu- lar offense he is charged, so that he may have opportunity to meet it with his proofs. It is therefore incumbent upon the ac- cuser to state, in substance, the crime upon proof of which he asks the order of disbarment to be made. ■ The facts stated in this count do not show any such deceit practiced by Weed as would warrant tlie conclusion that he is so far unworthy of confidence that he should be deprived of his office. There is, as we have seen, an absence of any allegation charging directly that he is not now in position to obtain the title for Mayer, whenever the remainder of the purchase money is tendered and a deed demanded. The failure on the part of Weed to mention the transfer to Smith when the payments were made in April, 1895, is entirely consistent with a purpose then and still entertained by him to make good his agreement whenever he should be lawfully required to do so. Any repre- 250 In ee Weed. [Dec T.'Ol sentation then or afterwards made to Mayer that he would be able to convey the title, so far as the contrary appears from the charges, may have been perfectly 'consistent and truthful. Be- fore this concealment could be held to be deceitful and fraudu- lent, it should appear that it was made in order to obtain the payments from Mayer, Weed knowing at the time that he had put it out of his power to fulfill his obligations under the con- tract The gravamen of the charge seems to be the injury suffered by Mayer. It does not distinctly appear whether Mayer was in possession of the land at the time of the conveyance to Smith. Therefore his rights and dutiee in the premises are not before us for consideration at this time. 2. The form of the verification of the accusation is as fol- lows: "Theodore Mayer, being first duly sworn, on oath de- poses and says: That he is the above-named petitioner; that he has read the foregoing petition, and knows the contents thereof; and that the facts therein stated are true of his own knowledge, except as t6 such matters as are therein stated upon information and belief, and as to those matters he believes it to be true. Theodore A. Mayer." Specific objection is made to it as to counts 2, 3, 4, and 5, on the ground that it does not meet the requirements of Section 420 of the Code of Civil Procedure. This section provides: ^'The accusation must state the matters charged, and be verified by the oath of some person to the effect that the charges therein contained are true." The language of this section is clear and explicit, and, construing it according to its manifest meaning, the accusation must be supported by the oath of some one having knowledge of the facts upon which it is based. .It requires but little considera- tion to arrive at tlie conclusion that the legislature did not intend that the time of this or the district court should be taken up wdth the investigation of charges based upon mere hearsay or rumor. Otherwise the way would be open to every discontented litigant to prefer a charge against an attorney based upon information, and the result would be a serious in- 26 Mont.] In ee Weed. 251 terruption to the ordinary business of this court. Furthermore, every attorney would be liable at any time to be called to ac- count and subjected to the annoyance of such proceedings against him, and thus be made to suffer in his reputation by reason of them. The accuser is not a party to the proceeding. Therefore the rule governing the ordinary verification of a pleading does not apply. Neither is there any analogy between this proceeding and an ordinary prosecution by a county attor- ney under his official oath. Here tlie law is put in motion by a private citizen, and, just as where an application is made to the district court by a private citizen for an order requiring the county attorney to file an information in a particular case (Penal Code, Sec 1384), it may be invoked only by a statement of facts based upon knowledge. The provision in question was adopted from the California Coda The supreme court of that state has considered it in two cases, and the conclusion reached supports our view. (In re HotcKkiss, 58 Cal. 39 ; In re Hud- son, 102 Cal. 467, 36 Pac. 812.) It was also considered some- what by this court in the case of In re Wellcome, 23 Mont 213, 58 Pac 47, and like rule laid down in the cases cited was there impliedly approved. 3. As heretofore stated, the section of the Compiled Stat- utes quoted was supplanted by Section 935 of the Penal Code of 1895. The latter section extends the penalty to a maxi- mum of ten years in the state prison, ^tfothing said herein is to be construed as an intimation that a prosecution could or could not have been maintained after the adoption of the pres- ent Code for an offense committed while the older section, was in force. The objections are sustained, with leave to amend the accu- sation, in accordance with the view^ herein expressed, and attach a proper verification, within twenty days from this date ; otherwise, the proceeding will be dismissed. S62 Brophy v. Downby et ux. [Dec- T/01 26 252 32 _472 BROPHY, Respondent, i;. DOWNEY et ux.. Appellants. I26 252I 139 42I (No. 1,381.) (Submitted November 20. 1901. Decided January 13, 1902.) Action on Note Secured by Mortgage — Pleading — Unenforced Security — Defense — Loss of Security — Foreclosure, 1. Where, in an action on a note, the answer alleges that the note was s«^ cured by a real estate mortgage executed at the same time, which bfis not been foreclosed, such allegation is a defense, and not a counterclpim, and hence a reply is not necessary, under Code of Civil Procedure, Sees. 720- 723, 754, requiring a reply to a counterclaim. 2. Where, in an action on a note, defendants allege that the note is secured by a mortgage which has not been foreclosed, the fact that at the com- mencement of the action plaintiff made an affidavit for attachment. In which he stated that without his fault such security had become worth- less, could not affect the action of the court on a motion for nonsuit, where such affidavit was not offered in evidence, nor was its contents proved. Z. Where, in an action on a note, defendants allege that the note is secured by an unforeclosed mortgage, it is Irregular to show such defense by cross- examination of plaintiff's witness. 4. Where, In an action on a note, the court had admitted evidence that the note was secured by a mortgage, it was error to refuse to receive evidence that the mortgage was second to another, which had been foreclosed, that the property had been sold, and the time of redemption from such sale had expired. 5. Where a note was secured by a second mortgage, which has become of no value because of foreclosure of the flrst mortgage and expiration of the time of redemption, the complaint in an action on such note need not refer to such mortgage or loss of security, the action not being .to enforce such security under Code of Civil Procedure, Sec. 1290, providing that there shall be but one action to recover a debt secured by mortgage or to enforce such security, which action must be in accord with the provisions of that chapter relating to mortgage foreclosures. 6. Under Code of Civil Procedure, Sec. 1290, regulating actions to foreclose mortgages, and providing for a deficiency Judgment after sale of the prop- erty, the holder of a note secured by a second mortgage is not required to foreclose during the period of redemption after the first mortgage hsis been foreclosed and the property sold thereunder, but he may wait till such period has expired and his lien is determined, and then sue on the note. 7. Where, in an action to foreclose a flrst mortgage, the mortgagee in a second mortgage is made a defendant -and defaults, such action does not defeat the right of his assignee of the note to recover thereon after the time to redeem the premises from the foreclosure sale has expired. 8. Where parties are made defendants in a suit to foreclose a mortgage, the complaint alleging that they "have or claim to have some interest in cr claim upon said premises, « • >* which interest or claims are subse- quent to and subject to the lien of the plaintiff's mortgage," and the de- fendants make default, the effect of a sale of the mortgaged lands under a decree rendered therein, must be confined to liens acquired subsequent to the mortgage. 26 Mont.] Bbophy r. Downey et ux, 25S Appeal from District Court, Silver Bow County; John Lind- say, Judge, Action by Patrick J. Brophy against Patrick Downey and wife. From an order granting a new trial after a nonsuit^, defendants appeal. Affirmed. Mr. Dan Yancey, for Appellants. Mr. M. D. Leehey and Messrs. McBride & McBride, for Respondent MR. JUSTICE PIGOTT delivered the opinion of the court Action by the plaintiff, as assignee, upon a promissory note- made by the defendants to J. H. Smith & Co. on December 16,. 1891. The complaint states the execution, assignment and non-payment of the note, and judgment is demanded for the amount thereof. The only defense pleaded which need be mentioned is to the effect that the defendants at the time they made the note executed a mortgage on land to secure its pay- mentj and that the mortgage has not been foreclosed. The plaintiff treats the plea as stating facts sufficient to constitute a defense, and we shall assume that it does. No reply was. filed. Upon the evidence in behalf of the plaintiff a nonsuit was ordered on the ground that the defense referred to had been eetablished. The court granted a new trial, and the de- fendants have appealed. 1. The new matter pleaded was in defense and did not constitute a counterclaim. Under the provisions of Sections: 720, 721, 722, 723, and 754 of the Code of Civil Procedure,. an allegation in the answer of new matter to which a reply was not required was deemed controverted. A reply was re^ quired only to allegations constituting a counterclaim; all other new matter was deemed controverted, and hence a reply was not necessary to frame an issue upon a plea setting up an affirmative defense. {Babcock v. Maxwell, 21 Mont 507, 54r 254* Beophy v. Downby et ux. [Dec. T.'Ol Pac. 943.) In this respect the pleadings in the case at bar must be tested by these sections. In Arthur v. Homestead Fire Insurance Company, 78 New York Reports^ 462, 34 Am. Rep. 550 (cited in Babcock v. Maxwell, supra) y the rule de- duced from similar statutes was said "to be so broad that it secures to the plaintiff the benefit of every possible answer to the defense made by way of new matter, not constituting a counterclaim, as fully as though it were alleged in the most perfect manner. For that purpose, evidence admissible under the principles of either law or equity, takes the place of plead- ing." Of the correctness of this declaration we think there can be no reasonable doubt It is to be observed that Senate Bill No. 31, entitled "An Act to Amend Sections 720 and 722, Chapter VI, Title VI, Part II, of the Code of Civil Procedure of Montana, relating to pleadings in civil actions,'' approved February 22, 1899, and found at page 142 of the Session Laws of that year, which amended Sections 720 and 722, supra, so that all new matter in an answer must be taken as true unless traversed or confessed and avoided by reply, was passed after the issues in this action were made up and hence is without pertinency. The plaintiff was therefore entitled to introduce, at the proper time, evidence tending to rebut or avoid any new matter alleged in the answer. 2. At the commencement of the action the plaintiff asserts he sought an attachment under Sections 890 and 891 of the Code of Civil Procedure, and made and filed an affidavit rtating, among other things, that the pay- ment of the note had not been secured by any mortgage or lien upon real or personal property, except originally by a certain mortgage upon real estate, which se- curity had, without any act of the plaintiff or any person ta whom the security was given, become valueless. He argues that this affidavit tended to prove the worthlessnenss of the security, and that the nonsuit was therefore erroneous, and the order granting a new trial correct To dispose of this argument it 26 Mont] Bbophy v. Downby et ux* 255 is enough to say, that the aflSdavit was not put in evidence, nor was it oflFered. There was no evidence with respect to it. Whether it should have been excluded if offered, and what effect, if any, it would have had if received, are matters not here involved. 3. For the sole purpose of establishing the defense referred to^ the defendants^ on their cross-examination of a witness for the plaintiff, elicited evidence to prove that at the time they made the note they also made a mortgage on land to secure its payment^ and that it had not been foreclosed. To the reception of this evidence the plaintiff objected as not proper to be intro- duced upon cross-examination, and took an exception. The plaintiff then offered evidence to show that the defendants on July 21, 1891, made to one McMonigle a prior mortgage upon the same land to secure payment of a debt owing by them to McMonigle, that the mortgage had been foreclosed by suit to which J. H. Smith & Co., as subsequent lienors, were parties defendant, and that at the decretal sale, which took place some two years before the complaint in the present action was filed, the land was struck off to persons other than the defendants at a price not greater than sufficed to satisfy the McMonigle mort- gage. The defendants objected that the evidence offered v. :is incompetent, irrelevant, immaterial, and not warranted by the issues. The objection was sustained upon the ground that the pleadings did not "justify the introduction of the testimony sought to be introduced,'* the plaintiff excepting. The chief contentions of the defendants are, that in an ac- tion to recover t^ peraonal judgment for a debt, the payment of which was nt any time secured by mortgage, the complaint must state that fact and then avoid its effect by appropriate averments showing that the security has become lost or value- less by no act of the plaintiff or those through whom he traces title; that the evidence offered and excluded in this case did not tend to show such loss of security, nor that it had been exhausted; and that the omission of the plaintiff's assignors to enforce their lien in the suit brought to foreclose the Mc- Monigle mortgage, bars the present action. These contentions 256 Bbofhy t?. DowNBY bt ux. [Dec. T'01 are based upon Section 1290 of the C5ode of Civil Procedure, which reads as follows: "Section 1290. There is but one action for the recovery of debt, or the enforcement of any right secured by mortgage upon real estate or perso«nal property, which action must be in accordance with the provisions of this chapter. In such action the court may, by its judgment, direct a sale of the encumbered property (or so much thereof as may be necessary), and the application of the proceeds of the sale to the payment of the costs of the court and the expenses of the sale, and the amount due the plaintiff; and if it appear from the sheriff's return that the proceeds arci insufficient, and a balance still remains due, judgment can then be docketed for such balance against the defendant or defendants personally liable for the debt, and it becomes a lien upon the real estate of such judgment debtor, as in other cases on which execution may be issued. Xo person holding a conveyance from or un- der the mortgagor of the property mortgaged, or having a lien thereon, which conveyance or lien does not appear of record in the proper office at the time of the commencement of the^ action, need be made a party to such action ; and the judgment therein rendered, and the proceedings therein had, are as con- clusive against the party holding such unrecorded conveyance or lien as if he had been made a party to the action.'' The plaintiff's position is that the existence of mortgage security is not part of the statement of his cause of action, but is af- finnative matter to be pleaded and proved in defense ; and that, by the sale under decree in the foreclosure suit, his security was lost without act or fault of himself or of his assignors. J^o obligation rested upon the plaintiff to state whether or- not there was a mortgage. The fact that there was a mortgage in nowise contradicted or disproved any allegation of the com- plaint; such fact, which was sought to be established as an affirmative defense and not as bearing upon any other issu^ was new matter to be proved by the defendants in making out their case^ and not (under the practice prevailing in Montana) by cross-examination of the plaintiff's witnesses who had re- 36 Mont] Bbofhy v. Downey et tjx. 257 mained sileoat lapon tibe stibjeot We do not hold that the ad- mission of the evidence on cross-examination was prejudicial, or an error of sufficient magnitude to warrant an affirmance of the order awarding a new trial; upon this question we ex- press no opinion. But the court, after admitting evidence that payment of the note had been secured by a mortgage which had not been foreclosed, should have received the evidence offered by the plaintiff to show that the land had been sold under a decree foreclosing the prior mortgage to McMonigle, and that the sale exhausted the security. The evidence offered was both relevant and material. If payment of the debt had been secured by mortgage, and. the security had been lost or rendered valueless by the negligent act or other fault of the plaintiff or his assignors, he could not, these facts appearing, maintain the present action. If, however, there had been such a mortgage given, and the se- curity which it afforded had been lost without fault on the part of the plaintiff or his assignors, the action can be maintained. It lies unless payment of the debt was secured by mortgage at the time of its commencement (perhaps it could not be main- tained if so secured pendente lite) or the security which the mortgage once gave has been lost or rendered nugatory by the act of the plaintiff or his predecessors in interests Now, the period prescribed by statute for redemption from the fore^ closure sale had expired long before this action was begun; and unless redemption was made within the time fixed, the purchaser would, as against the plaintiff, be invested with the title, possessed by the mortgagors at the time the prior mortgage was made, and thereby the lien of the plaintiff's subsequent mortgage would be extinguished. In the absence of a redemp- tion, the purchaser was clothed with such title on the day when he could successfully demand a deed from the sheriff. In that event there could be nothing subject to the purported lien of the subsequent mortgage and consequently no equity to fore- closure. Of course, if it should appear that the plaintiff or his assignors had redeemed the property from the sale under the Vol XXVI-17 258 Bbofhy v. Dowi^by bt ux. [Dec T.'Ol decree faredoeing the McMonigle mortgage, o>r that the,de- fendanta had either redeemed or aoquired title to the property after the sale, a different question would be presented ; it does not arise on this appeal. A subsequent mortgagee, . as such^ has no security within the meaning of Section . 1290, supra, after the property has been sold under decree foreclosing a superior mortgage and the purchaser has become entitled to a deed, no matter what the actual value of the property may have been or may be. The evidence excluded would tend to establish that the mortgage no longer secured payment of the note. The next question is, would the evidence offered have proved that the security afforded by the subsequent mortgage had been lost through the fault of the plaintiff or his assignors ? We are satisfied it would not, but on the contrary would have shown, prima facie, that such loss was without his or their fault: (a) The subsequent mortgage remained a subsisting lien during the period of redemption, and it may be that the plain- tiff could not have, maintained an action on the debt alone until the time for redemption expired. But however that may be, he could, within the period, have sued to foreclose his mortr gage. Did the law impose upon him the obligation to bring such a suit within the time allowed for redemption, under pen- alty of losing his right of action for a personal judgment upon the debt ? Maay reasons might be suggested why the duty did not rest upon him ; one is, that in such a suit he woidd have encountered the previous sale from which a redemption was necessary in order to make his Ken of any value. Suffice it to say that he owed no such duty to the mortgagors. He was not bound to redeem, or to sue for the foreclosure of his. mortgage within the six months allowed by statute for redemption. We are not aware of any rule which . required the plaintiff, as a subsequent mortgagee, to sue whenever the prior mortgagee might choose to do so. (Savings Bank v. Central Mturket Co., 122 Cal. 28, 54 Pac. 273.) We cannot hold that he was so bound without reading into Section 1290, supra, a provision 26 Mont] Beophy v. Downey et ux, 259 to that effect or construing the mortgage so as to indude such a stipulation. We may not do either. The plaintiff's omission to sue did not occasion the loss of the security. The plaintiff was not in fault; he violated no duty which he owed to the mortgagors. The defendants, by failing to pay ihe McMonigle mortgage so that the plaintiff's mortgage might be enforced against the land, permitted and occasioned the loss. Their fault made the security valueless. The law does not prohibit a personal action when it is rendered necessary by such fault of the mortgagors. Section 1290, supray was adopted from the Code of Civil Procedure of California, and in Merced Bank V. Casaccia, 103 California Reports, 641, 37 Pacific Reporter, 648, the supreme court of that state says of the enactment: ^The obvious purpose of the statute is to compel one who has taken a special lien [by mortgage] to secure his debt to exhaust his security before having recourse to the general assets of the debtor. When he has done this, or when, without his faulty the security has been lost, the policy of the law does not pro- hibit a personal action." To the same effect are Savings Bank V. Central Market Company j supra; Otto v. Long, 127 Cali- fornia Reports, 471, 59 Pacific Reporter, 895 ; Toby v. Oregon Pacific Railroad Company, 98 California Reports, 490, 33 Pacific Reporter, 550 ; and Blumherg v. Bi/rch, 99 California Reports, 416, 34 Pacific Reporter, 102, 37 American State Reports, 67. The decision in Barhieri v. RamalU, 84 California Reports, 154, 23 Pacific Reporter, 1086, does not necessarily conflict with the rule which we announce, for, as pointed out in Otto \\ Long, supra, the plaintiff in that case held a third mortgage and brought a personal action to recover the debt, asserting the right to disregard the mortgage because the amount due on the prior mortgages exceeded the value of the securitiy. The prior mortgages had neither been foreclosed nor otherwise satisfied, and the court held, in effect, that so long as the plaintiff had a mortgage lien on real property his action must be the one pro- vided foi: in a section of the Code of Civil Procedure which corresponds with Section 1290, supra. This was saying, in 260 Bbophy v. Downey bt ux. [Dec T.'Ol substance^ that a foreclosure aad sale is the special mode pro- vided for asoertaining whether the property subject to the lien of a particular mortgage is of value as security, — ^in other words, whether the mortgage is really a security for the debt. We do not understand, however, that the only mode of ascer^ taining whether a particular mortgage is of value is by its foreclosure. The statute must receive an interpretation in keeping with its design and spirit, and, being a special restrio- tion of the general right to enforce contracts by means of the usual actions, should never be so construed as to forbid an action not plainly prohibited by its provisions The view which the defendants would have us take of the section is extremely tedmical and doe© violence to its intent Surely the exhausr tion of the security by sale under a prior mortgage or other lien u/pon the same property, would suffice to show that the subse- quent mortgage is without value as security. Nor is Largey v. Cha/pman, 18 Montana Reports, 563, 46 Pacific Reporter, 808, to the contrary of anything decided in this opinion. Largey sued Astle & Chapman to recover judg- ment for a debt; the defendants by answer alleged that their indebtedness to the plaintiff was secured by a chattel mortgage which had never been foreclosed, and this allegation the plain- tiff admitted but contended that, notwithstanding the debt was secured, he could maintain his action upon the debt without seeking to foreclose the chattel mortgaga This court held that Largey could not thus waive the mortgage and cbnsider it as naught, but that, under the pleadings, his only remedy was by an action to foreclose the mortgaga (b) At the time this action was commenced the mortgage of December 16, 1891, stood upon the records in the name of plaintiff's assignors^ who were made parties defendant in the suit to foreclose the McMonigle mortgage, the complaint al- leging that they ''have or claim to have some interest in or claim upon said premises or some part thereof, as purchasers, mortgagees^ judgment creditors or otherwise, which interest or claims are subsequent to and subject to the lien of the plain- tiff's mortgaged' They did not appear, and the decree declared 26 Mont] Brophy v, Downey bt ux. 261 the averments of the complaint to be true. The defendants now insist that the plaintiffs assignors should have set up their mortgage and sought its foreclosure in the former suit and that, having failed to do so, they cannot maintain the present action. This position is manifestly untenable. The mortgage to the plaintiff's assignors was of record and they were made parties for the purpose of foreclosing their equitable (as distinguished from statutory) right, as subsequent lienors, to redeem. By making default they admitted the allegation; but if, for ex- ample, they had held liens superior to the McMonigle mortgage, the admission of the allegation quoted could not have affected the priority of their liens, for the effect of a sale of mortgaged lands under a decree rendered by default must, under such an allegation as the one quoted, which was not designed to tender an issue as to priority, be confined to liens acquired, subse- quently to the mortgaga (Foval v. BerUon, 48 111. App. 638 ; Frost V. Koon, 30 N. Y. 428 ; Brown v. Volkenhig, 64 N. Y. 76 ; Emigrant Industrial Savings Bank v. Goldman, 75 N. Y. 127 ; Smith v. Roberts, 91 N. Y. 470 ; Sichler v. Look, 93 Cal. 600, 29 Pac. 220.) In such a suit the inferior lienors may, if they see fit to do so, appear and obtain^ a decree of foreclos- ure, and so the plaintiff's assignors might, as subsequent mort- gagees, have sought a foreclosure in the suit upon the McMoni- gle mortgage, — ^but they were not bound to do so, and tJie omis- sion has not deprived the plaintiff of the right to maintain this action. {Savings Bank v. Central Market Co., supra.) We cannot approve the course of reasoning or the result in Brown v. WUlls, 67 California Reports, 255, 7 Pacific Re^ porter, 682, as we think both, are demonstrably erroneous. As the order granting a new trial must be affirmed for the reasons stated, we deem it unnecessary to express au opinion with respect to the force or effect upon Section 1290, swpra, of Section 3754 of the Civil Code, providing that "the exist- ence of a lien, as security for the performance of an obligation, does not affect the right of the creditor to enforce the obligation 262 Tait v. Butte Butchkbing Co. [Dec. T.'Ol without regard to the lien-" Whether this section modifies Section 1290 is a question reserved. The order granting a new trial is affirmed. Let remittitur issue forthwith. Affirmed. TAIT ET AL., Respondents, v. BUTTE BUTCHERING CO. ET AL,., Appellants. (No. 1,866.) Appeal — Review — Affirmance. In this case, the judgment appealed from being affirmed, the supreme court re- frained from encumbering the reports with the discussion and decision of questions raised by the specifications of error finally relied upon which present no new or doubtful points of law. Appeal from* District Court, Silver Bow County; William, Clancy, Judge. Action by A. Tait, George HaltenhofF and William Hart, copartners, against Butte Butchering CJompany, a corporation ; Montana Dressed Meat Company, a corporation; Beaverhead Meat Company, a corporation; Silver Bow Meat Company, a corporation ; and Butte Dressed Meat Company, a co-partner- ship ; and Samuel Binder and Frank Hamberger, individually. From a judgment in favor of plaintiffs and from an order de- nying a new trial, the defendants appeal. Affirmed. Messrs. Ca/nipbell & Parr, for Appellants. Mr. E. N. Harwood and Mr. J. M. HimJcle for Respondents* MR JUSTICE PIGOTT delivered the opinion of the court In this action the plaintiffs, who were engaged in the busi- 26 Mont] Tait i;. Buttb Butohbring Co. 263 nees of butchermg aad selling meats and butckers' suppliee^ sought to reoover of the defendants, who were canying on the same business^ a judgment fort $10,000^ claiming that amount as damages proximately caused to their business, by unlawful acts committed by the defendants as members of the Montana Iletail Butchers' Protective Association in pursuance of an alleged oonspirac^ entered into by them and others for the purpose of preventing the plaintiffs from selling meats to retail tradesmen and also of preventing them from selling at a less price than that established by the association named. Trial was had by jury, who returned a verdict for $1,000. From the judgment entered thereon and from! an order denying their mo- tion for a new trial the defendants have appealed. For many days our omdivided attention was given to the volimiinous transcript and the printed arguments of counsel Kepeated examinations and thorough discussions have satisfied ns that the record does not disclose any error, now relied upon, which was prejudicial to the defendants. Disregarding the objection interposed (and seemingly well taken) by the plains tiffs to the mode in which the question touching the sufficiency of the evidence is attempted to be presented in the defendants' brief, we are of the opinion that the verdict was justified by the proofs. The questions raised by the specifications of error present no new or doubtful points of law. To states discuss, and decide them would not serve any useful purpose in the case at bar, nor be of sufficient value as a precedent to warrant an extended opinion. We therefore refrain from encumbering the records and reports with comparatively useless matter. (Bandmann v. Davis, 23 Mont 382, 59 Pac 856.) The judgment and the order are affirmed. Rermttitur may issue forthwith. Affirmed. ?64 Labgst v. Mjuttle. [Dea T/01 LARGE Y, Appellant/ V. MANTLE, Respondent. OWSLEY, Intebvenob and Appellant. (No. 1,0«8.) (Submitted NoTember 14, 1901. Decided January 13, 1902.) Trial — Instructions — General Charge. Where requested instructions are sufficiently covered by the general charge, it is not error to refuse them. Appeal from District Court, Silver Bow County; J. J. Mc- Hatton, Judge. Action by P. A. Largey against Lee Mantle, defendant^ and William Owsley, intervenor. From a judgment for dor fendant, and from orders denying a new trial, plaintiff and intervenor appeal. Affirmed. Mr. John W. Cotter, for Intervenor and^ Appellant Mr. F. T. McBride, ior Plaintiff and Appellant Messrs. Boote & Clark, for Respondent MR JUSTICE MILBURN delivered die opinion of the court. This action was commenced by the plaintiff against the de- fendant to recover the sum of $15,000, alleged to have been received by defendant for the use and benefit of plaintiff, for that a certain mining claim, called "Britannia," and held in. the name of the defendant, was the common property of the plaintiff and the defendant, and was sold by defendant for the sum of $30,000, the plaintiff having fully paid all charges and expenses owing by him for developing the claim, etc By leave of court one Owsley intervened, and claimed for himself the 26 MoBt] Hbikzb 17. B. & M. C. C. & S. M. C5o. U& said sum of $15,000, for that he was the owner of the undi- vided one-haLf inteirest in the said Britannia lode claim. De- fendant denied that either owned any interest in the property, or had any interest in the proceeds of the sale. The jury found all the issues in favor of the defendant, and judgment was entered accordingly. The plaintiff and the intervenor sever- ally appealed from the judgment, and from an order denying their motions for a new trial. The plaintiff argues his appeal upon the alleged error of the court in giving certain instructions and in refusing others. The intervenor does the like, adding that the court erred in overruling his objection to a certain question asked by defend- ant of a witness named AllporL We find nothing prejudicial to either the plaintiff or the in- tervenor in these matters. The instructions given and com- plained of are not all very dear, but were such as could be easily understood when read in connection with the rest of the charge; and those refused,' so far as they stated the law, were sufficiently covered by those given. We find no substantial error to the prejudice of either the plaintiff or the interevenor. The order denying the motion for a new trial and the judg- ment are affirmed. Affirmed. laO 484 g30 4t« i30 4a» HEINZE ET AL., Respondents, v. BOSTON & MONTANA OONSOL. COPPER & SILVER MIN- \|« ^ ING CO., Appellant. (No. 1,680.) (Sabmitted October 9, 1901. Decided February 3, 1902.) Mines and Mining — Injunction Pendente Lite — Appeal — Review. 266 Heiwzb «. B. & M. C. O. & S. M. Oo. [Dea T.'Ol 1. Where there is no Babstantial eTldence tending to support an injunction order, the same will, on appeal, be reversed. 2 On appeal from an order granting an injnnetion pendente Ute, the supreme court will not reverse the order, although the evidence tending to prove the identity and continuity of veins would be insufficient upon a trial of the issues on the merits. Appeal from District Court, Silver Bow Covjiiy; WiUiami Clancy, Judge, Action by F. Augustus Heinze, and the Johnstown Mining Company, a corporation, against the Boston. & Montana Con- solidated Copper & Silver Mining Oompany, a corporation. From an order granting an injunction pendente lite, the de- fendant appeals. Reversed in part. « Messrs, Forhis & Evcms, for Appellant. Messrs. McHatton <& Cotter, Messrs. Toole <& Bach, and Mr. James M. Denny, for Respondents. MR JUSTICE PIGOTT delivered the opinion of the court The plaintiffs, asserting title in themselves to the Minnie Healy lode claim and to a certain vein alleged to have its apex therein and to dip to the north beneath the Piccolo and Gam- betta lode claims owned by the defendant^ brought an action against the defendant to quiet their title and to enjoin the de- fendant from trespassing thereon. Upon the complaint and an affidavit in support thereof, the judge below issued a re- straining order against the defendant, and also an order to show cause why an injunction pending the action should not be granted. After a hearing the order to show cause was made absolute on April 25, 1901, and an injunction pendente lite granted as prayed for in the complaint From this order the defendant has appealed. We have devoted much time to the study of the transcript and ^briefs, consisting of 370 printed pages and eight maps of the property in dispute. No useful purpose would be served by a statement or discussion of the evidence. The sole quee- 26 Mont] Heinze v. B. & M. C. C. & S. M, Co. 267 tion raised is whether the evidence was sufficient to justify the order of injunction. As to the "Leonard" vein, the apex of which is in ground belonging to the defendant north of the Oambetta lode daim, and which dips to the south, there was no substantial evidence whatever. tending to support the order. With the order in so far as it affects the Gambetta vein we do not feel disposed to interfere upon this appeal, although tiie evidence tending to prove the identity and continuity of that vein with the vein having its apex in the Minnie Healy would be insufficient upon a trial of the issues on the merits. The injunction order should be modified so as to exclude from its operation the "Leonard'^ vein throughout its length and depth, leaving in force the order so far as it enjoins the defendant from entering upon the Gambetta vein and extract- ing ore therefrom. To accomplish this purpose we think the order should, in the present state of development and under the evidence adduced, go no further than to enjoin the defendant from entering upon (except for the purpose of passing to and from ground to which the injunction order of the district court does not apply, and for the purpose of keeping the openings in repair) or mining, or extracting ore from, any of the ore bodies embraced and described in the injunction order of the district courts lying towards the south of a plane descending vertically into the earth on a line parallel with the south side line of the Piccolo lode claim and passing through the point at which the north side line of the Gambetta lode claim intersects the third, or 300 foot, level south of the "Leonard shaft" The cause is therefore remanded with direction to the dis- trict court forthwith to vacate so much of the order as enjoins the defendant from entering upon or working, or extracting ore from the Leonard vein, or from any vein or veins lying to- wards the north of the plane indicated, and also from entering upon or Using any levels op openings in the possession of the defendant and passing to the south of the plane or lying on either side thereof, as the means of access to other openings and workings of the defendant not described and embraced in the injunction order appealed from. In the event the plaintiffs 268 MuRiiAY V. Northern Pacific Ry. Co. [Dec T/01 shall, within thirty days after the remittittur be lodged with the derk, apply for a new hearing of the onxier to show cause, the court below is directed to set aside and vacate the order of April 25, 1901, in its entirety and to grant a new hearing; if such application be not made within the prescribed period, then the order of this court modifying the order of April 25, 1901, shall become absolute and the court below will, upon mo- tion, cause to be entered a formal order in conformity with the views herein expressed. The defendant will recover the costs of appeal. Reversed in part, with directions. . Rehearing denied February 6, 1902. MURRAY, Respondent, v. NORTHERN PACIFIC RAIL- WAY COMPANY, Appellant. ^ 268. (No. 1,710.) 27 83o 30 148 On Motion to Dismiss Appeal. 30 274 • ■ g ^ (Submitted January 28, 1002. Decided February 6, 1902.) ~26"2C8 ^^ ^ Appealable Order. An appeal from an order by the district court taxing costs will not lie. Appeal from District Court, Lewis and Clarke County; J, M. Clements, Judge, Suit by Patrick M. Murray against the Northern Pacific Railway Company. From an order taxing costs, defendant appeals. Dismissed. Mr. William, Wallorce, Jr., for Appellant Mr. R. R. Purcell, for Respondent 86 Mont] HuBLET v. (VNeii-l. 269 MR CHIEP JUSTICE BRANTLY delivered the opinion of the court. This is an attempted appeal from an order made by the dis- trict court taxing costs. Plaintiff has moved to dismiss the same on the ground that the order is not appealable. The mo- tion is sustained upon the authority of State ex rel. Pierson v. MUlis, 19 Mont. 444, 48 Pac. 773, and the cases therein cited. We see no reason why the rule long followed in this jurisdic- tion, as appears from these cases, should now be changed. Dismissed. 28 209. HURLEY, Appellant, v: O'NEILL, Respondent. ,^ ll\ ~2tt~2(J9 (No. 1,486.) JL.^ (Submitted January 24, 1902. Decided February 10, 1902.) Tenancy in Common — Oral Partitiom — Bona Fide PurcKaser — Notice — Evidence — Burden of Proof. 1. Where tbe title under which tenants in common have held possession is of record and is consistent with the occupancy, the possession must be re- ferred to the record title, and it will not be constructive notice of any other title, legal or equitable. 2. Plaintiff, purchasing the undiyided half interest of S. in a lot, as shown by the record, has not constructive notice of an oral partition of the lot by S. and O., his co-tenant, from the fact that O. had for years paid the taxes on a certain half of the lot. ft. Plaintiir, at the time she took a deed for the undivided half interest of S. in a lot, is not shown to have had actual notice of an oral partition by S. and O., his co-tenant, by the fact that she thereafter paid the taxes on the part S. had occupied, and when O. forbade her sweeping her dirt onto the part occupied by him, she said that O.'s deed was not fixed right, and that she could do what she felt like till there was a division. 4. Held, that, under the circumstances of the case, the burden of proving actual notice of an oral partition between tenants in common rested upon the party alleging such notice. 5. The supreme court upon reversing a judgment will not order tbe court below to render judgment for the appellant as prayed for, where such order might work injustice to the respondent. 270 HuBLEY V. O'Nbiix. [Dec T.'Ol Appeal from DistHct Court, Silver Bow Cowniy; John Lindr say. Judge, Action by Mary Ann Hurley against Patrick O'NeilL Judg- ment for defendant PlaintiflF appeals. Reversed. Messrs, Sinclair & Dygert, for Appellant. Mr. John N. Kirk and Mr. N. W. McConnell, for Eeepond- ent ME. JUSTICE PIGOTT delivered the opinion of the court This is an action to partition a lot 100 feet in length by 30 feet in width, situate in the city of Butte. The com- plaint states, in substance, that the plaintiff and the defendant aire owners (except as to the minerals therein) as tenants in common of the property, each owning an. undivided half in terest The defendant by answer denies the ownership in common alleged in the complaint, and sets up that he and one Sullivan purchased the lot in 1889, and that at the time of the purchase it was agreed between them that Sullivan was purchasing and acquiring title to the east 50 feet of the lot and the defendant was purchasing and acquiring title to the west 50 feet thereof; that in pursuance of the agreement the defendant built a house upon the west half and ever since has occupied the same as his home, and that Sullivan built a house upon the east half and occupied it as his home until some time in 1894 when, for a valuable consideration, he sold and con- veyed his interest in the lot to plaintiff; that the plaintiff at the time of purchasing the interest ^svell knew that the interest of Sullivan was only the east 50 feet of the lot and that Sulli- van had and claimed to have no interest whatever in the west 50 feet; and that since tlie purchase by the plaintiff she has lived upon and occupied the east 50 feet, claiming no interest whatever in the west 50 feet occupied by the defendant A trial was had by the court sitting with a jury. A general ver- dict and special findings for the defendant were returned; 26 Mont] Hurley v. O'Nbiix. 271 these the court adopted and irendered judgment in favor of the defendant decreeing title in him to the west 50 feet of the lot The plaintiff has appealed. The following facts were established by the evidence and the findings: On the 17th day of July, 1889, the persons who were then the owners of the lot in question conveyed it by deed (reserving the mining rights and minerals) to the defendant and Sullivan as tenants in common. This deed was duly re- corded in September of the same year. The defendant and Sullivan had orally agreed between themselves that each was to own in severalty one-half of the lot, and shortly after the purchase it was orally understood between them that the de- fendant was the owner of the west half and Sullivan the owner of the east half of the lot Soon after the purchase CVNeill built a three-roym frame house costing $437 on the west haK, and Snllivan built a house costing $425 on both sides of an imaginary line dividing the lot into halves, a part of the SuUivan house being on the west end and a part on the east end. The west end of the lot faces on Montana street, but there is no means of ingress to or egress from the east half of the lot except through the west half, unless by the consent of those owning the property adjoining the east half of the lot. The defendant and Sullivan with their families occupied the lot, each living in the house built by him, until the 26th day of Mai-ch, 1895, when Sullivan granted his undivided one-half interest in the lot to the plaintiff, who immediately entered into posstjssion of the house previously occupied by Sullivan,, and has lived there ever since with her family. The deed to the plaintiff was duly recorded on the 3d day of April, 1895. As shown by the records of Silver Bow county, the plaintiff is the owner of an undivided one-half interest in the lot At the time Sullivan sold and conveyed to the plaintiff, the records, showed that Sullivan and the defendant were tenants in com- mon. There was ncfthuig to indicate ownership in severalty. There was a fence on the west end of the lot along the line of Montana street, but there was no fence or other evidence of a 272 HumsY V. (VNBnx. [Bee Tl'Ol division between the east and west parta The defendant had paid taxes on the we^t half of the lot sinoe 1889^ but it does not appear that the plaintiff had notice or knowledge thereof when she puirchased from Sullivan. 1. So far aa appearances went, all that had been done by O'^Neill and Sullivan was consistent with their rights as tenants in common, and their occupane^ did not serve to charge the appellant with constructive notice of the rights of O'Neill and Sullivan as between themselves. The title under which they might have held possession being of record and being consistent with the occupancy, the possession must be referred to the record title and will not be constructive notice of any othear title, legal or equitable. {Mvllms v. Buti& Ho/rdsware Comr pany, 25 Mont 525, 65 Pac Rep. 1004.) It is true that the defendant paid the taxes assessed to him on the west half of the lot from 1889 down to the date of the trial; this fact was not constructive notice of the defendant's equitable title arising by virtue of the supposed oral partition ; moreover, it was con- sistent with the title appearing of recoffd. {Mvllms v. BvUe Hardware Co., sv/pra^) Upon this branch of the case suffice it to say that there was no evidence whatever tending to charge the plaintiff with constructive notice of the equitable rights of the defendant 2. With respect to actual notice, the defendant himself testified that at no time before August^ 1897, which was more than two years after the plaintiff punehased from Sullivan, did he intimate to her or assert in her presence any claim in severalty to the west half of the lot, nor was there any evidence tending to show that she had actual notice, either express or implied, of his supposed rights under the oral partition be- tween himself and Sullivan. The defendant contends that there are two Items of evidence which show that the plaintiff had knowledge or actual notice of his tide at the time she pur- chased from Sullivan: Until August, 1897, the plaintiff and the defendant with their families had made common user of the lot for such domestic purposes as they desired without objec- 26 Mont] HuBMY v. O'Neill. 273 tion, let or hindrance; but the defendant testified that in that month he forbade the plaintiff to "sweep her dirt over into our yard, and I told her one evening that she must not do it^ and to keep her own place like the other parties did — ^Mr. Sul- livan— and she told me * * that I did not fix my deed right, and liat she could do what she felt like until it was divideS. I then took a siirveyor to the lot and had it surveyed, and stake© were put up and designated the dividing line in the hundred feet, and her house stood a little on my ground. I then built a water closet and a wood shed and put up a fence and left the gate for Mrs. Hurley to go in and out at, and Mrs. Hurley chopped the fence up, I believe." The other item is the payment by the plaintiff since 1895 of taxes on the house occupied by her and on the east 50 feet of the lot. It is ap- parent that these two items, whether considered separately or together, fall short, in themselves, of being sufficient to justify the inference tJiat the plaintiff when she purchased the undi- vided one-half interest from Sullivan in March, 1895, had notice of the equitable rights of the defendant This was all the evidence upon the question of actual notice. Under the circumstances of the case the burden of proving such notice was upon the defendant (Htdl v. Diehl, 21 Mont 71, 52 Pac. Rep. 782; Mullins v. Butte Hardware Co., supra,) He failed to discharge the burden, and the plaintiff was entitled to judgment in partition as prayed for in her complaint Her counsel asks thai the court below be instructed to render judg- ment as prayed for; but for the reasons stated in Westhei/mer V. Goodhind, 24 Montana Reports, at page 108 (60 Pac Rep. 813), we think the judgment should be reversed and the cause remanded for a new trial. The judgment is therefore reversed, and the cause is re- manded with direction to grant a new trial. Reversed and remanded. Vol. XXVI~18 274 State ex bei. H£NNE£UIy. v. Dist. Ct. [Dec. T.'Ol STATE EX BEL. HENNESSY et al., Helatobs, v. DIS- TRICT COURT OF THE. SECOND JUDICIAL DISTRICT, Respoi?dent. (No. 1,778.) (Submitted February 11, 1902. Decided February 11, 1902.) Writ of Supervisory Control — Remedy by Appeal — Question of Title. On a denial of an order permitting a suryey and Inspection of a mining claim » the supreme court will not grant a writ of supervisory control, there beln^ a remedy by appeal from the judgment finally rendered in the cause, and a Question of title involyed in the cause being one for the district court in the first Instance. Petition by the state, on Tthe relation of Patrick J. Hen- nessy and another, for a writ of supervisory control to the Second judicial district court of the state of Montana for Silver Bow county. Writ denied. Mr. T. BaUey Lee, for Relators. MR CHIEF JUSTICE BRANTLY delivered the opinion of the court Application for a writ of supervisory control. Petition was filed in the district court of Silver Bow county by plaintiff in a suit therein pending for an order permitting a survey and inspection of a mining claim. The order was denied for the reason that, in the opinion of the district court, the plaintiff failed to show any interest in himself in the property in con- troversy. The writ is denied, for the reason that the question involved, if properly reserved, may be reviewed on appeal from the judg- ment finally rendered in the cause, and no exigency is shown requiring immediate interference by this court; and also be- S6 Mont] State sx kel. Donotak v. Bist. Or. 275 cause to grant it would require this e&urt prematurely to pass upon the question of title, and thus adjudicate the ultimate rights of the parties, which must be done by the district court in the first instance. Writ denied. Mr. JrsTiCE Pigott: I concur. Mr. Justice Milburn : I concur in the result. STATE EX BEL. DONOVAlSr, Plaintiff, v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT, Defendant. (No. 1.779.) (Submitted February 13, 1902. Decided February 14, 1902.) Perjury — Prelvmmary Excumination — Sufficiency of Evidence — Habeus Corpus — Filing Information — Leave of Court — Wnt of Supervisory Control. 1. On a preliminary examination for perjury before a committing magistrate^ where the decree in the cause in wliich tlie alleged false testtnioDy was given is offered in evidence, but the judgment roll is not admitted or con- sidered, the evidence fails to show that the alleged false testimony was material to any issue in the cause, and the party cannot be held for trial. 2. On hahcaa corpus to secure the discharge of a prisoner held for perjury, where the petition avers that the transcript of the evidence in the case in which the alleged false testimony was given contains all the evidence, and the prosecuting attorney does not controvert such allegation, but the tran- script does} not show that the judgment roll was admitted or considered the court will assume that it was not received, and therefore will grant the writ. 3. Under Penal Code, Sees. 1730-1732, no leave of court is necessary to file an information after commitment on preliminary examination, and a writ of supervisory control will not issue to compel the granting of leave. 4. Under Penal Code, Sees. 1730-1732, leave to file an information without a preliminary examination may be granted or refused, within the sound dtch cretion of the court, when no statement is made to the court of the evi- dence upon which the state relies for a conviction, and a writ of super- visory control to rsrise such cUacretlon will therefore be denied. 276 St.\te ex kel. Donovan v. Dist. Ct. [Dec T/01 Application for a writ of supervisory control by the state, on the relation of James Donovan, attorney general, against the Second judicial district court in and for the county of Silver Bow. Writ denied. Mr. James Donovan, Attorney General, pro se. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. On January 22, 1902, after a preliminary examination by John Nelson, a justice of the peace of Silver Bow county, one W. M. Ross was held to answer to the district court upon a charge of perjury. Ross, failing to give bond for his appear- ance, was committed to jail. On the following day he peti- tioned the district court of that county, Hon. J. B. McCleman, judge, presiding, for a writ of h<ibea^ corpus, asking for his release from custody on the ground that the evidence taken before the committing magistrate wholly failed to show reason- able or probable cause to believe that the petitioner was guilty of i)erjury, or any other offense, and therefore that his deten- tion was illegal. The petition was accompanied by a tran- script of the evidence taken before the committing magistrate, and alleged that the transcript contained the whole of such evidence. After a hearing by the district court, an order was made discharging the prisoner on the ground that the evidence failed to show probable cause. The attorney general, deeming the county attorney of Silver Bow county disqualified by reason of his previous connection with the litigation in the cause in the district court of Silver Bow county, in which the perjury by Ross is alleged to have been committed, appeared for the state both at the preliminary examination held by the magis- trate and at the hearing of the habeas corpus proceedings in the district court. After the prisoner was discharged, the at- torney general presented his written application to the district court asking leave to file an information against Ross charging 26 Mont] State ex bel. Donovan v. Dist. Ct. 277 him with the crime of perjury. Such leave wa^ refused by the court, the judge thereof remarking that it was his opinion that before an information should be filed in the district court another preliminary examination should be had be- fore a committing magistrate. The attorney general there- uix)n, on Febniary 13, filed in this court his petition setting forth the history of the proceedings in the district and justice's courts of Silver Bow county, together with a transcript of the evidence submitted to the district court at the hearing on the aj)plication for the writ of Juibeas corpvs, and asked this crmrt to issue its writ of supervisorv^ control to the district court, with direction to it to vacate and set aside the order of dis- charge, and to permit the information to l)e filed: Without considering the question whether the extraordinary power of this court may be invoked in every case where the district court has acted erroneously in making an order of dis- charge upon habeas coi'ims, we are satisfied upon the showing before us that the-' district court committed no error in grant- ing the order discharging the prisoner. There was no evidence l)efore that court tending to show that the crime charged had actuallv been committed by Ross. The cause in which he is allied to have testified falsely was the cause of Bordeaux against Bordeaux, tried and disposed of in that cxmrt during the month of August of last year. The transcript of the evi- dence taken before the committing magistrate and submitted fo the district court does not show that his testimony was upon any material issue involved in the case of Bordeaux against Bjrdeaux. Indeed, there is no showing as to what the issues in that cause were. The transcript of the evidence shows dis- tinctly that the decree in the case of Bordeaux against Bor- deaux was offered in evidence in the preliminary examination before the committing magistrate, but it fails to set out the judgment roll, or any part thereof, and it does not appear that the judgment roll was admitted or considered by the commit- ting magistrate. The transcript of the proceedings discloses that one of Ross' attorneys made the following offer: "Xow, 37S Sta.tb sx xel. Donovaiq^ v. Dist* Ct« * [Dee. T»'01 I offer the entire judgment roll and decree in the district courts — not part of it, but all of it, — in case Na 7,763, being con- tained in four typewritten pagee, and indorsed upon tiie back, , the decree: Tiled September 28, 1901, Samuel M. Roberts, Clerk, by J. F. Davies, Deputy,' — being the original decree, signed by his honor Judge Clancy. Is there any objection to that?" To this the first assistant attorney general replied, *Xo ; let it go." If the foregoing statement of what occurred at the hearing stood alone, we might possibly infer from it that the whole of the judgment roll was admitted and consid- ered by the magistrate. In view of the fact, however, that the petition for the writ of habeas corpus addressed te the district court stated that the transcript contained the whole of the evi- dence heard by the magistrate^ and that the attorney general appeared in that proceeding, and did not controvert the allega- tion of the petition, thus admitting its truthfulness, we must conclude that auch evidence was not admitted nor considered by the committing magistrate. It therefore could not have been considered by the district court, as the matter was there presented. Hence the conclusion of the district court was cor- rect that the committing magistrate had no evidence before him tending to sht)w that the alleged false testimony given by Eoss in the case of Bordeaux against Bordeaux was material to any issue therein. Furthermore, if the attorney general, in making his request to the district court for leave to file an information, was doing so in order that lie might file it after commitment upon pre- liminary examination under Sections 1730-1732 of the Penal CikIc, then his request was unnecessary, as no permission of court is required in such case; and a i^tition for a writ of su- pervisory control would not lie to compel the court to give the prosecuting attorney leave to do what he could do without such leave^ If, however, the attorney general considered ' that the action of the district court in the hubeas corpus proceedings had finally disposed of the case under the commitment by the nia2:istrate, and desired to ask leave to file the information 26 Mont] In be Babksb's Estatb. 279 tinder the provisions of the sections dted, as if no commitment proceedings had been had, then his petition for a writ of super- visory control must be denied, for the reason that it lies within the sound discretion of the court to grant or refuse such leave to file the information when no statement is made to the court of the evidence upon which the state would rely for a convic- tion. Xothing herein shall be construed, however, to the effect that this court Ijolds that the writ of supervisory control is the proper remedy in case such a statement had been made to the court and it had refused leave to file the information. This question, not being before us,, is reserved. There is a suggestion in the petition of the attorney general that the district judge was moved by prejudice in making the order of discharge and in refusing leave to file the information, by reason of an alleged former connection with the case of Bordeaux against Bordeaux as counsel for the plaintiff. As the reasons stated dispose of this application, we have not deemed it necessary to consider the matter of prejudice. The application for the writ is denied, and the proceeding dismissed. Dismissed. In re BARKER'S ESTATE. (No. 1.745.) On Motion to Dismiss Appeals. (Submitted February 8, 1902. Decided February 24, 1902.) Executors and Administrators — Settlement of Accounts — Re- jection of Claims — Appeals — Appealable Orders. . 1. Code of Civil Procedure. Sec. 1724, declares that an appeal is taken from an order by flilns a notice stating the appeal from the same, or some spe- cific part thereof. In a proceeding to settle an estate, the court made an » S79 2» 446 280 In ee Backer's Estate. [Dec. T/01 order settling the administrator's accoant, and he appealed, complaining of that part of the order disallowing two certain items, and also a portion thereof directing him to deliver certain stock to a special administratrix. Reading a recital in the first paragraph of the notice of appeal, with eacti ^ of the other three paragraphs, which were numbered in consecutive order, there was a separate notice of appeal for each part complained of. Held not an appeal from the order as a whole, but separate and distinct appeals from the diflTerent parts thereof. 2. An order settling an administrator's account, disallowing two certain items, and directing him to deliver certain stock to a special administratrix, though Included in one paper, is in eflTect several distinct and separate orders, and, though embraced in one notice of appeal, will be so treated for the purposes of the appeal. 8. Under Code of Civil Procedure, Sec. 2793, providing that on the day ap- pointed any person interested in an estate may file exceptions to an ad- ministrator's account and contest it, the allowance of an individual claim of an administrator against the estate is not conclusive, but the parties Interested may contest it when his account is presented. 4. Code of Civil Procedure, Sec. 2608, providing that, where a claim against an estate is rejected, the holder must bring suit within a certain time or be barred, provides an .exclusive remedy, and an order disallowing the claim is not appealable; Code of Civil Procedure, Sec. 17z2, and Session Laws 3899, p. 146, enumerating appealable orders, not providing for such appeal. 6. Under Code of Civil Procedure, Sec. 1721, providing that "a party aggrieved may appeal," etc., a person, in his capacity as administrator, cannot appeal from an oraer disallowing his individual claim against the estate, and on such an appeal his individual rights will not be considered. 6. An appeal will not He from an order directing an administrator to turn over certain assets to his successor on resignation or removal. 7. Obiter. Upon the settlement of administrators' accounts the district court has no power to adjudicate and finally determine questions of title be- tween the estate and third parties. Appeal from District Court, Cascade County; J. B. Leslie, -Judge. Proceeding to settle the estate of Edwin J. Barker, de- ceased. Order settling the account of David L. S. Barker as administrator, disallowing certain objected items, and direct- ing the administrator to turn over the assets to Mareella Bar- ker, appointed special administratrix, and the administrator appeals. Dismissed. Mr. Fletcher Maddox and Mr. H. 0. Mclrdire, for Appel- lant. Mr. T. E. Brady and Mr. WUliorm O. Downinffj for Re- spondent 26 Mont] In be Barkeb^s Estate. 281 ME. CHIEF JUSTICE BRANTLY delivered the opinion of the court. Motion to dismiss appeals. On July 12, 1901, the appel- lant, David L. S. Barker, as administrator of the estate of Edwin J. Barker, deceased, filed an account of his adminis- tration covering the time from his appointment until that date, and asked that it be allowed. At that time there was pending a petition filed by Marcella S. Barker, the widow of the de- ceased, charging the administrator with mismanagement and fraud in connection with his trust, and asking that he be re- moved from his office. This petition had been pending for some tijne, and some evidence had been heard in support of the charges. Marcella S. Barker also filed written objections to certain items in the account, and asked that they be disal- low^ed. One of these- items was a charge of $500 for attorney's fees claimed .by the administrator to have been paid for ser- vices rendered in connection with the estate. Another was an individual claim of David L. S. Barker, the administrator, as creditor of the deceased, which had theretofore been presented to the judge, and had been indorsed "Allowed." The amount of this claim is $2,098.80. A hearing was had upon the ac- count and the petition for removal, upon evidence then and theretofore taken ; but before the motion was finally submitted, the petition for removal was withdrawn, and the administrator tendered to the court his resignation, in writing, asking the court to discharge him upon settlement of the account On August 1, 1901, the court made an order settling the account, after striking out some of the items objected to, including $250 of the first and the whole of the second, mentioned above. The order also directed the administrator to deliver to Marcella Barker, who was at the same time appointed special adminis- tratrix, all the property and assets in his hands belonging to the estate, and to file his receipts therefor for approval and final discharge. The order specifically mentioned 426,720 shares of the stock of the Big Seven Mining Company, which 28S Ik be Babkeb's Estate. [Dee. T.'Ol at the hearing the admini&trator had endeavored to show did not belong to ihe estate, but to Jane Barker, the mother of himself and deceased, and were in his hands aa her agent Be- fore striking out the item of $2,098.80, the court revoked the previous allowance of it as a claim against the estate. The administrator thereupon took his appeals to this court from the parts of the order disallowing the two items mentioned, and also that portion of it requiring him to deliver the mining ^tock to the spcxiial administratrix. Marcella Barker has filed her motion to dismiss the appeals from those portions of the -order disallowing the second item of $2,098.80, and directing the delivery of the stock, on the ground, among others which it is not necessary to notice^ that the orders are not appealable. 1. The appellant contends that he has appealed from the order as a whole, and that the motion cannot be entertained. The notice shows that the appellant, in taking the appeals^ proceeded upon the assumption that they are separate and disr tinct ; for if the recital in the first paragraph of it be read with, each of the three others, which are numbered in consecutive order, there is a separate and distinct notice for each appeaL Evidently coimsel for appellant had in mind, when giving the notice, Section 1724 of the Code of Civil Procedure, which contemplates the taking of appeals from a judgment or order, or a specific part thereof, and proceeded upon the theory that he could take the appeals as he did. The appeals may there- fore, upon this theory, be treated as separate and distinct, and the motion may be entertained as to the two at which it is directed. Furthermore, though the action taken by the dis- trict court at that time is all included in the same paper, sev- eral distinct and separate orders were made, and each of these, for the purposes of appeal, must be so treated, though all are included in the same notice. The portion of the order disallowing the David L. S. Barker individual claim of $2,098.80 is, in legal effect, a rejection of the claim against the estate in the first instance. It was within I the power of the court to reconsider its action in allowing the 26 Mont] In re Babk£R^s Estate. 283 claim upon presentatioti by Barker, and when this was done it stood in exactly the same condition as if it had been rejected in the first instance^ The allowance had the effect only of placing the claim among the acknowledged debts of the estate, to be paid in due course of administration. It was not con- clusive upon the heirs or others interested in the estate, but the right was still reserved to them, upon presentation of the ac- count, to contest and have it rejected. (Code of Civil Pro- cedure, Sec. 2793; In re MouilleraVs Estate, 14 Mont. 245, 3(> Pac, 185 ; I}i re Sidlenberger's Estate, 72 Cal. 549, 14 Pac. 513; In re Swams Estate, 67 Cal. 637, 8 Pac. 497; Weihe v. Siathanh 67 Cal. 84, 7 Pac 143.) The portion of the order which operated as a rejection of the claim was a separate and distinct act from the order allowing the acoount. The same may be said of that portion of the order directing the delivery of tlie stock to the special administratrix. It had nothing to do with the matters involved in the aoeount. 2. The order rejecting the claim of $2,098.80 is not appeal- able, for the reason that there is no provision in the statute permitting an appeal. (Code of Civil Procedure, Sec. 1722; Session Laws 1899, p. 146; Estate of James TiLohy, 23 Mont. 305, 58 Pac 722.) In such case the claim must be enforced against the estate under the provisions of Section 2608 of the Cede of Civil Procedure. The remedy there provided is ex- clusive. There is another consideration which is also conclusive upon the appellant. An appeal is allowed in any case to those per- sons only who are aggrieved by the judgment or order com- plained of. (Code of Civil Procedure, Sec. 1721.) The rejec- tion of the claim of David L. S. Barker in his capacity as a creditor of the deceased in no way affected the rights of David L. S. Barker in his capacity as administrator. In each capac- ity he is a different person, and has distinct and separate rights. The appeal having been taken by him in his official capacity, his individual rights cannot be considered, because they are not before us, even though it be conceded that he had the right 284 In re Barker^s Estate. [Dec. T.'Ol of appeal in his individual capacity. (In re PhUlips' Estate, 18 Mont. 314, 45 Pac. 222.) 3. Nor does the statute permit an appeal from an order directing an administrator to turn over to his successor, upon resignation or removal, the property belonging to the estate^ or which has come into his hands as such. If the particular prop- erty belonged to the estate, or came into his hands because of his official position as administrator, it was entirely proper for the order to be made, and, as administrator, he was bound to obey it. If it did not belong to the estate, and was not held as such, the court had no power to compel him to part with it. U\|X)n the settlement of accounts the court has no power to ad- judicate and finally determine questions of title between the estate and third persons. This can be done by action only, in which the parties may be accorded the right of trial in the ordinary way. If, therefore, David L. S. Barker held the stock by any other right than as administrator, the order cannot affect such right. It is simply void. If he obtained its cus- tody by virtue of his appointment as administrator, and not in his individual capacity, the order was proper, and should be obeted. In any event, no appeal lies from the order, and this court has no jurisdiction to entertain it. The two appeals at which the motion is directed are dis- missed. Dismissed, 2C Mont] Stanfoed V, Coram. 285 STANFORD, Respondent, v. CORAM, Appellant. (No. 1,373.) . 28 30 285 113 z6 32 285 23V» (Submitted November 15, 1001. Decided February 24, 1902. iJanks and B^jLulcing — Bills and Notes — Guaranty — Persons Bound — Construction — Validity — Compound Interest — Discharge of Guarantor — Payment by Principal Debtor — Change in Principal Debtor — Demand — Waiver. 1. Where, in an action on a contract whereby the record stockholders of a bank ^arantied the payment of notes, the ledger of the bank showed de- fendant's name as a stockholder, and it appeared that he and another executed the contract of guaranty on behalf of themselves and other stock- holders, the court wns Justified in finding that defendant was a record stockholder ; for the ledger itself was prima facie evidence of that fact, requiring defendant to rebut the same. 2. A contract guarantying the payment of notes, not calling for compound interest, which provides that the holder may renew the notes without the consent or knowledge of the guarantors, though contemplating that at the renew^al of the notes the accrued interest, if not paid, shall either become a part of the principal or an Independent obligation drawing interest, is not void as an antecedent agreement for the payment of compound interest. 3. Though an antecedent agreement to pay interest on interest to become due is void, parties may substitute a new note for an old one which Is due, and incorporate in the new one accrued interest remaining unpaid ; and hence a guarantor of a note and renewals will be required to pay interest on the accrued interest unpaid at the time of the renewal and made a part of its principal. 4. Civil Code, Sec. 2.')S7, providing that parties may contract in writing that unpaid interest shall become a part of the principal and draw interest, does not affect notes or agreements made before its adoption in 1805. 5. A party guarantying a note and renewals cannot be relieved of his obliga- tion to pay interest and attorney's fees, as provided by a renewal note, on the ground that his burden has been increased, when the evidence does not show that khe original note did not contain such provisions : for it will be presumed that the original and renewal notes contain the same provisions. 6. A company executed its note to a bank. Its creditor, and deposited a note from an individual debtor as collateral, who was also a debtor on a note to the bank. The company's note was a.ssigned to plaintiff under a guar- anty of payment by the stockholders of the bank. The collateral was not delivered to the plaintiff, and its existence was unknown to him. A stock- holder of the bank, while acting as agent of other stockholders and as cashier of plaintiff, received a payment from the individual debtor on the collateral note and on the note payable to the bank. The money so received was first applied on the note to the bank, and the remainder was endorsed on the collateral ; but no credit was made on the company's note assigned to plaintiff. Held, that plaintiff was not bound by the knowledge of its cashier, nor responsible for the misappropriation of the collateral note; he having no knowledge of its existence, except through the knowledge of his 286 Stakfobd v. Cobah, [Dec. T.'Ol cashier, which could not be imputed to him in a transaction in which the cashier was not acting as his agent, but antagonistic to him. 7. A finding that a demand has been made upon a guarantor to pay a note guarantied by him. tlMxigh not supported by plaintiff's evidence that the guarantor stated that suit would haye to be brought before he would pay, is harmless error ; for the evidence warrants a finding that the guarantor waived a aemand. 8. The law does not require a useless thing, hence, when one unqualifiedly refuses to perform his obligation he thereby waives the necessity of a de- mand before bringing suit. 9. A principal debtor executed his note to his creditor, a bank, and the latter assigned the same to plaintilf bank, under a guaranty by the stociE- holders of the payee to pay it. The note was thereafter renewed and made payable to the cashier of plaintiflP, and indorsed to plaintiff, and carried as bills receivable. The original note was secured by real estate and chattel mortgages. The renewal note was secured by a real estate mortgage exe- cuted to plaintiff's cashier. Plaintiff's records did not disclose the exist- ence of the mortgage. The cashier accepted as payment of the note a con- veyance to him of the mortgaged property, and canceled the note and de- livered it to the principal debtor. The cashier executed his own note to plaintiff for the amount of the debt, which note was credited against the debtor's note as payment, and was treated as an asset of plaintiff. The cashier informed plaintiff's vice president that he was going to take the debtor's property in payment of the note. The vice president knew of the cashier's note, though he claimed to have no knowledge of the mortgages securing the principal debtor's note. Plaintiff did not object to, nor repu- diate the cashier's acts. The original payee went out of business, and plaintiff's cashier had charge of the settlement of its affairs, but was not authorized to act in any capacity for its individual stockholders. Plaintiff did not offer to return to the cashier his note. No demand was made upon the debtor for the payment of the note after its surrender to him. Held, that the evidence showed that the debtor's note was paid and discharged by the conveyance of the real estate to plaintiff's cashier, and hence the guarantying stockholders were discharged from liability. 10. Under Civil Code, Sec. 3650, providing that a guarantor is exonerated, if by an act of the creditor without his consent the original obligation of the principal is altered, or the remedies or rights of the creditor against the principal are impaired, a guarantor of the payment of a note Is relieved from liability when the holder's cashier, with the holder's knowledge, ac- cepts as payment from the principal debtor a conveyance of land, and cancels the note, and himself executes a note to the holder for the amount of the debt of the princii>al debtor. Appeal from District Court, Cascade CounJty; J, B. Leslie, Judge, Action by James T. Stanford, as receiver of the Northwest- ern Xational Bank of Great Falls, Mont, against Joseph A. rorani and another. Judgment for plaintiff, and defendant Joseph A. Coram appeals. Affirmed in part and reversed in part. Messrs. Clayherg & Gunn, for Appellant. 26 Mont] Stanford v. Coram. 28T Mr. M. M. Lyier and Mr, A, C. Oormley, for Respondent MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court In the spring of 1894 the Globe National Bank, theretofore doing business at Kalispell, Mont., went into liquidation. At that time it held certain promissory notes, which, it seems, were not then due, viz. : One made by the Libby Townsite & Lumber Company for $9,006.02 ; one made by Oullette & Ther- riault^ copartners, for $3,742.82; and a third, made by one John Weitman and Kate Weitman, his wife, for $6,522.24. Wishing to obtain in cash the amounts called for by these notes,, the authorities of the bank, through their agent, B. D. Hatcher, who had charge of the business of the bank, assigned them to the Northwestern National Bank of Great Falls, Mont, which thereupon advanced the full amount of them in cash. To pro- tect the Northwestern National Bank against possible loss by reason of the accommodation thus extended to the directorsi and agents in charge of the affairs of the Globe National Bank, the defendants, for and on behalf of the persons whose names then appeared of record ad stockholders of the latter, executed and delivered to the former the following writing: ' "Whereas, the Globe National Bank of Kalispell, Montana^ and the Northwestern National Bank of Great Falls, Mon- tana, have arranged to consolidate and do business in the name of the Northwestern National Bank of Great Falls, Montana,, the Globe National Bank of Kalispell having decided to dis- incorporate; and "Whereas, the said Globe National Bank, through its agents, and directors, is desirous of transferring to said Northwestern National Bank certain of its assets consisting of notes and obligations owing it by the Libby Townsite & Lumber Com- pany, the Kalispell Water & Electric Company, John Weitman, and Oullette & Therriault, each being separate obligations, and amounting in the aggr^ate to a sum exceeding twenty-two thousand dollars, and is desirous of having said Northwestern 288 Stanfokd v. Coram. [Dec. T.'Ol Xational Bank accept each and all of said notes and obligations at their face value, and credit the said Globe National Bank and its owners with same as so much cash ; and "Whereas, the officers and directors of the said Northwestern National Bank demand that said notes and obligations be fur- ther secured before thej' are willing to accept same under the conditions named: "Now, therefore, in consideration of the said Northwestern National Bank, through its officers and trustees, accepting said notes and obligations as so much cash, and at their face value, the persons whose names apjiear of record as the stockholders of the said Glor>e National Bank on June 24, 1894, do hereby, through their agents and attorneys in fact lawfully authorized so to do, guaranty the payment of each and all of said notes and obligations, and further expressly agree that said notes, or any one or more of them, may be renewed or extended at such times, under such conditions, and as often and for such time or times as the officers or agents of said Northwestern National Bank may deem proper or choose, and all without the further consent or knowledge of the guarantors or theii agents; or any of them ; and it is further expressly agreed that this guaranty shall extend to such renewals as long as any one of said obliga- tions, or any part thereof, remain unpaid. "This agreement is meant to be a full guaranty on the part of said stockholders of said Globe National Bank that the debts above specified will be i>aid in full, and the guarantors herein, through their agents or attorneys in fact, J. A. Coram and B. D. Hatcher, promise and agree that if said notes, or any of them, are not paid when payment thereof is demanded of the principals therein by the said Northwestern National Bank, then upon demand by said bank the guarantors herein will pay each and all of the same. "For the faithful performance of the conditions of this guaiv anty, said guarantors, through their said agents and attorneys «' <i Sa MoBt] Stanford v. Coram 389 in fact^ bind themselvee severally and jointly, their heirs, ex* ecutors, administrator^ and assigns, firmly by these presents. ^Dttted this 37th day of June^ 1894. [Signed] "J. A. Coram, Agent and Attorney in Fact. ^B. D. Hatcher, Agent and Attorney in Pact." At the time the Globe National Bank went out of business, B. D. Hatcher, one of the defendants, was its cashier, and there- after acted as the agent of the directors and stockholders in settling up its aflFairs. While engaged in this business he was also employed as cashier of the Northwestern National Bank, and continued to act for it in this capacity until February 5, 1897, when it also closed its doors and went into the hands of a receiver. The plaintiff was appointed its receiver on May 5, 1897. Meantime the three promissory notes heretofore men- tioned had been renewed from time to time; in each instance the interest due and not paid being added to the principal, and the renewal note including both interest and principal All these renewal notes were made payable to the Northwestern National Bank, and contained a provision for reasonable attor- ney's fees. This action was brought against the defendants upon -the written guaranty quoted above, the complaint alleging previous demand upon both the makers and the defendants as guarantors^ Each of the notes is the basis of a separate eau&e of action. The defendant Hatcher suffered judgment by default. The defendant Coram appeared and filed his answer, in which vari- ous defenses are interposed, some of which apply to all of the demands^ while others apply to some particular one of them. Their nature will be apparent from a discussion of the conten- tions made by appellant The cause was tried by the court without a jury, and from the evidence adduced the court found all the issues in favor of the plaintiff, and caused to be entered a judgtnetit in his favor for the principal sums specified in the notes, with interest and cost«, including attorney's fees. From Vol XXVI- 19 290 Stanford v. Coram. [Dec. T.'Ol the judgment, and an order denying him a new trial, defendant Coram has prosecuted his appeals to this court. 1. One of the issues presented by the pleadings is whether the defendant was a record stockholder of the Globe National Bank on June 24, 1894. Contention is made that the evidence does not support a finding in favor of plaintiff on this issue. It appears that when the bank closed its doors, in the spring of 1894, Hatcher,, who had been its cashier from the time at which it began business in 1892, retained all its books of account and other records as agent of the directors and stockholders to wind up the business. In May of that year he became the cashier of the Northwestern Natiotnal Bank. He thereupon employed one Wininger, an attorn^ residing at Kalispell, to close up the business, and delivered to him the books and records. He re- tained them for some months, and sent them to Hatcher at Great Falls. They were found among the records of the North- western National Bank when plaintiff became its receiver. They were in the same condition at the trial as when they came into the possession of Wininger. Among them was the stock ledger^ all the -entries in which were in the handwriting of Hatcher. The list of stockholders in this book included the name of the defendant Coram. It is admitted in the pleadings that he was a stockholder, and Hatcher, who was examined as a witness^ testified that he and defendant Coram guarantied the payment of the notes mentioned in the complaint on behalf of them- selves and other record stockholders of the bank. These facts are amply sufficient to sustain the finding. When it was made to appear from the ledger, which was identified as the record of the bank, that the defendants name was in the list of stock- holders referred to in the contract of guaranty, the burden was cast upon him to rebut the prima facie, case thus made against him. This he did not attempt to do. Though he gave his deposition, which was read at the trial, he did not refer to the matter at all. 2. The contention is made that no recovery can be had upon the notes in this action, for the reason that they embody a 26 Mont] Stanpokd v. Cobam. 291 promise to pay compound interest, and are therefore void. It is also said that, even if they are not void, no recovery may be had upon them for any amount in excess of the principal sums named in the original notes payable to the Globe National Bank, with simple interest at the rate specified therein up to the date of judgment. This contention proceeds upon the theory that it is the rule in this state that contracts to pay compound' inter- est are void, as being against public policy and good conscience. The notes themselves, which are copied in the record, do not provide upon their face for the payment of compound interest ; nor does the evidence shoW that any of the renewal notes exe- cuted from time to time after the assignment of the original notes contained any stipulation on this subject They are, therefore, not obnoxious to the objection urged against them. Coram agreed that, if the Northwestern National Bank would accept the original notes as cash, he would upon demand pay them, in case they were not paid upon demand upon the makers. He also agreed that they might be renewed "at such times, un- der such conditions, and for such time or times as the officers or agents of the said Northwestern National Bank might deem proper, and all without further consent or knowledge of the guarantors," etc. This stipulation in the contract contemplated conditions under which the makers might obtain such accommo- dations from the assignee as they might have obtained from it, had it been named as payee in the first instance. Under these circumstances it was fairly within the contemplation of the parties that at each renewal the interest should be paid, and the note renewed for the amount of the principal, or that the interest should, when due and the parties should so agree, be converted into principal and be incorporated in the new note. Otherwise, the only purpose to be served by the stipulation for renewal would seem to be to avoid the bar of the statute of limi- tations in case the notee were not paid within the prescribed limit. If the purpose of this stipulation was to substitute the Xorthwestern National Bank in place of the Globe Na- tional Bank as payee — ^which we think was the case — 292 Stanford v. Coram- [Dec- T/01 then we are to understand that the parties to the con- tract intended that the Northwestern National Bank, as between itself and the makers^ should treat the loans as if made by itself in the first instance. The contract of guaranty does not upon its face specifically provide for the payment of compound in- terest by way of an antecedent agreement The question, there- fore, for decision, arises upon the second branch of the conten- tion, and is : After interest is due, may it lawfully be treated as a debt, and be converted into interest-bearing principal, either in the form of a separate obligation or by addition to the original principal? In either ease the result is the same; for if the interest due may not lawfully be added to the principal, and the whole be incorporated in the new obligation, then it would be equally unlawful to convert it into a separate interest- bearing obligation. The defendant insists that either is unlaw- ful under the rule declared in the decisions in this state, and cites Wilson v. Davis, 1 Mont 183 ; Curtis v. Vdliton, 3 Mont 153, and Palmer v. Murray, 8 Mont 174, 19 Pac 553. In Wilson V. Davis the territorial supreme court had under con- sideration a promissory note which provided on its face for the payment of compound interest, and it was held that, though the contract was not void, yet the stipulation in advance for the payment of compound interest would not be enforced. This is an authority, therefore, for the position that neither in equity nor at law will an antecedent agreement to pay interest on in- terest to fall due in tlie future be enforced ; but it is not held therein that it is against public policy for the parties to substi- tute a new obligation for the old one when it has fallen due, and incorporate in the new one by an agreement then made any unpaid interest, or to convert such interest into a separate in- terest-bearing obligation. The case of Curtis V. Valiton is founded upon Wilson v. Davis, but seems to go further and declare generally that an agreement to pay interest on interest will not be enforced in any case, no matter whether the agree- ment be an antecedent one or not. A careful examination of it, however, shows that the territorial supreme court was of the 26 Mont.3 Stanford v. Cokam. 293 opinion that the question involved in the case was the same as the one decided in Wilson v. Davis, and th^t it was concluded by the decision in the earlier ease; for in Curtis v. Vaitton the court proceeded upon the theory that the oral agreement for the payment of oorapoiind interest, being made at the time the original obligations were executed, was void, because it fell within the rule declared in WHson v. Davis. The question pre- sented here seems not to have been the subject of serious con- sideration. The case is therefore to be distinguished from the present case, and is not an authority in point Both these cases are authority for the proposition that a contract for the payment of compound interest is not void in toto, but will be enforced to the extent of requiring payment of the principal and simple interest at the l^al or stipulated rate. The case of Palmer v. Muj-ray was an action for conversion. Upon a trial the jury rendered a verdict for the value of the property involved at the time of the conversion, with interest to the date of the judg- ment. Judgment was thereupon entered for the full amount of recovery, with interest. Inasmuch as the judgment itself would thereafter bear 10 per cent, interest, this court upon ap- ])eal held that the judgment was erroneous, in that it provided for compound interest, and struck out that ix)rtion of the ver- dict made up of interest on the original value of the property. On a rehearing (8 Mont. 312, 21 Pac 126), while adhering to the former ruling that the interest allowe<l by the jury should be stricken out, the court expressly overruled its former decision in so far as it held that the interest properly recoverable in any case could not be capitalized in the judgment. Since the de- cision in that case it has been the invariable rule in this state that, whenever interest is properly recoverable in any action, it may be capitalized in the judgment, so as to draw interest from the date of the judgment. The foregoing cases show the condition of tlie law in the ter- ritory and state until the adoption of the Code of 1895, which overt^ims the rule established by these cases by a specific pro- vision that parties may contract in writing for the payment of 294 Stanford v. Coram. [Dec T/01 compound interest. (Civil Code, Sec 2587.) Previous to 1895 there was no provision in the statutes upon the subject of usury, and parties were at liberty to fix the rate of interest by convention. If no rate was thus fixed, the statute fixed it for all cases in which interest was recoverable. Since the contract under consideration was made prior to the adoption of the Code of 1895, the provision cited is not applicable, and its validity must be governed by the principles which we find recognized and applied in the decisions of other states. There is nothing in such a contract inherently wrong, or in violation of any principle of public policy or good conscience. When interest falls due, it becomes a debt, just as the principal is a debt The debtor may pay the vhole debt, or, if he choose and his creditor is willing to grant it, obtain forbearance. In this case the trans- action is equivalent to a new loan, whether the interest be capi- talized in a new obligation for the whole amount or a separate obligation be given for the interest. If a separate obligation be given for it, embodying a provision for interest, the forbearance obtained is a good consideration for such interest, just as an agreement to pay interest upon any other character of indebted- ness is supported by an agreement on the part of the creditor to forbear. So, if the interest be capitalized with the original principal, the result is exactly the same. The transaction is so cleary lawful, in the absence of a statutory prohibition, that it scarcely admits of disucssion. It is supported by the over- whelming weight of authority. (Porter v. Price, 80 Fed. 655, 2() C. C. A. 70; Eslava v. Lepretre, 21 Ala. 530, 56 Am. Dec. 260; Camp v. Bates, 11 Conn. 487; Meeker v. Hill, 23 Conn. 577 ; EUard v. Mort(/(u/e Co., 97 Ca. 329, 22 S. E. 893 ; Thcuyer v. Mining Co., 105 111. 540; Niles v. Coinmissioners, 8 Blackf. 158 ; Otis V. Lindsey, 10 Me. 315 ; Wilcox v. Rowland, 23 Pick 167; llorjle v. Paxje, 41 Mich. 533, 2 K W. 665; Mason v. Callcndcv, 2 Minn. 350 (Gil. 302), 72 Am. Dec. 102 \Pevhins v. Coleman, 51 Miss. 298; Youn^ v. HUl, 67 K Y. 162, 23 26 Mont] Stanfobd v. Cobah. ^ 295 Am. Kep. 99.) From neither point of view, therefore^ can the contention of the defendant be sustained. 3. Defendant insists that he is not liable to pay the notes in suit, for the reason that, by the incorporation of the interest in them and the provision therein for attorney's fees, a change has been effected in them without his consent, thereby increas- ing the extent of his burden un4er his contract beyond what is fairly contemplated by its terms. As we have already seen, however, it was contemplated by the parties that the notes should be renewed upon such terms and conditions as could be mutually agreed upon by the makers and the assignee. The terms of the renewals were both lawful and reasonabla Fur- thermore, the evidence does not tend to show that the original notes did not contain a provision for attorney's fees. In the absence of such evidence, the presumption must be indulged that they did, even^ though we concede the position of counsel that the guaranty did not contemplate the addition of such a condition to the new notes. The court could not presume that the bank exacted conditions from the makers which were not authorized by the guaranty. There is no merit in the conten- tion. 4. The note of the libby Townsite & Lumber Company grew out of the following transaction : In 1893 one Mumbrue obtained a contract from the United States to survey certain public lands in the vicinity of Libby, Flathead county. It was agreed between him and the company, through one Leonard, its secretary, that the company would furnish funds to pay the expenses of the survey, and that Mumbrue would reimburse lie company out of the funds paid him by the United States upon completion of the contract The company was also to share in the profits, if any, made under the contract Leonard then arranged with the Globe National Bank for a loan of funds to the company from time to time as they were needed. This arrangement was carried out until the indebtedness of the com- pany to the bank on this account amounted to something over $2,000. The bank authorities, not desiring to furnish any 996 STAifFOBD V. CoBAH. [Peo. T.'Ol more funds to the company, thereupon arranged widi Mumbrue to furnish directly to him such asaistanoe as he required; he agreeing to secure the bank by turning over to it his claim against the United States. Thereupon the company executed ita note to the bank fot the fimds already advanced upon the contract, and included therein other indebtedness due from the company, making the amount of the note, which, after renewal from time to time, was assigned to the Northwestern National Bank. At the same time Mumbrue executed his note to the company for the amount of the advancements made to him under the first arrangement This note was assigned to the bank by the company as collateral to secure its own note. When the assignment of the latter was made to the Northwestern Na- tional Bank, the collateral was retained by Hatcher, as agent of the directors and stockholders of the Globe National Bank, and its existence was not actually known to the officers of the Northwestern National Bank. In the latter part of 1894, Hatcher then being the cashier of the Northwestern National Bank, and still acting as the agent of the stockholders of the Globe National Bank, received from Mumbrue a draft for $8,200. This he applied, first, to the payment of the debt due from Mumbrue for advancements, and then to this note, as- signed by the Libby Townsite & Lumber Company as collateral security. No credit for the amount of the Mumbrue note was made upon the note of the company, but all the funds derived from Mumbrue's payments went into the assets of the Globe National Bank and were used in liquidating its other indebted- ness. It is argued by counsel that as Hatcher was the cashier of the Northwestern National Bank at the time the contract of guaranty was made, and had knowledge of the existence of the collateral security, as well as of the subsequent payment of it by Mumbrue, this knowledge should be imputed to the bank, his principal, and that it should be held responsible for the misappropriation of the collateral, resulting in detriment to tie defendant. For this reason, the defendant insists^ a credit for the amount of the Mumbrue note must be allowed him on the S6 Mont] St\nii^bi> v. Coram. 997 note of the corporation as of the date of the misappropriation by Hatcher. Counsel relies upon the general rule that notice to the agent is notice to his principal of all matters connected with the busi^ ness of the principal which fall within the scope of the agent's authority. Without pausing to inquire whether the general rule should be extended to cases where the knowledge of the agent has been «;cquired prior to his employment, but reserving this question, we think that, under well-established principles of the law of agency, the knowledge possessed by Hatcher should not be imputed to the bank. The presumption that the agent has imparted his knowledge to his principal does not pre- vail where the agent is acting in his own or another's interest, and adversely lO that of his principal, particularly when the agent is acting, not as agent, but openly and avowedly for him- self. In such case, by reason of his antagonistic attitude to- ward the interests of bis principal, the presumption does not arise that he has communicated his knowledge to his principal, but that, on the contrary, he has refrained from so doing from motives of self-interest. (Mechem on Agency, Sec. 723 ; 1 Am. & Eng. Enc Law (2d Ed,), 1145 ; Frenkel v. Hudson, 82 Ala. 158, 2 South. 758, 60 Am. Rep. 736 ; Wickercham v. Zinc Co., 18 Kan. 481, 26 Am. Eep. 784; Allen v. Railroad Co., 150 Mass. 200, 22 X. E. 917, 5 L. R. A. 716, 15 Am. St. Rep. 185; ImierarUy v. Bank, 139 Mass. 332, 1 N. E. 282, 52 Am. Rep. 710 ; In re PlanJcinton Bank, 87 Wis. 378, 58 X. W. 784 ;: Hiiknmn v. Green, 123 Mo, 165, 22 S. W. 455, 27 S. W. 440, 29 L. R A, 39; Third Nation^ Bank v. Harrison (C. C), 10 Fed, 243.) The facts detailed above show that Hatcher in making die contract was acting for himself and the other record stock* holders of the Globe National Bank, and adversely to the North- Western National Bank. When he went into the employment of the latter, the affairs of the other bank and its stockholders were move private matters, about which his employer was not in any way interested ; and, when he came to deal with his em- 398 Stanfobd v. Cobam. [Dec T/01 ployer, he was for the time being acting, not as its alter ego, but as a third party, and it could not then, or afterwards, so long as he was acting in the same capacity, be affected by any knowledge possessed by him. The subsequent misappropria- tion of the money he obtained from Mumbrue was but a part of the original transaction, in which, for whatever reason, he retained the security, intending, no doubt, to appropriate the proceeds of it as he actually did. Whatever may have been his intention, the bank, his principal, cannot be held to have had constructive notice of the existence of the security, nor be held for its misappropriation. 5. It is said that the trial court erred in finding that de- mand was made upon appellant for the payment of the Libby Townsite & Lumber Company and the OuUette & Therriault notes before this action was brought, for that there was no evi- dence tending to support such a finding. The plaintiff was examined as a witness, and, among other things, testified: "I am acquainted with Joseph A. Coram, the defendant in liis case. I met him over in Butte, Mont., along in the month of May, 1897, ami had a conversation with him at that time re- lating to these notes. ' As to paying them, or any part of them, he said that suit would have to be brought^ so that he could col- lect from the stockholders of the Globe National Bank, — the other stockholders. 1 don't remember his exact language, but he said suit would have to be brought before he would pay them, — words to that effect." The defendant also testified, but failed to admit or deny the statement of plaintiff. This evi- dence was sufficient to warrant a finding that demand was waived, and that any demand short of suit would be of no dvaiL The purpose of demand in such cases is to enable the party upon whom, under the terms of the contract^ it must be made, to discharge his liability without a suit. When he unqualifiedly refuses to perform his obligation, a demand is useless, and therefore unnecessary. The law does not require a useless thing. (9 Am. & Eng. Enc. Law (2d Ed.), 209 ; Bermett Bros. Co. V. Fitchett, 24 Mont. 457, 62 Pac. 780.) While the trial 26 Mont] Stanford v. Coram. 299 court should have found, according to the facts, that demand was waived, the defendant has no just cause to complain of the finding as mado. 6. The next contention made by appellant is that the dis- trict court erred in finding in favor of plaintiff upon the issues made upon the j^ayment of the Weitman note, which is the basis of the third cause of action. On March 8, 1895, the original Weitman note was renewed ; the new note l>eing made payable to ''Benton D. Hatcher'* 12 months after date, and negotiable and payable at the North- western National Bank. It was thereupon indorsed in blank by Hatcher, and thereafter carried upon the account of bills receivable by the bank. The original note was secured by real and chattel mortgages. Upon the renewal of it on March 8, 1895, a new mortgage upon three lots in Kalispell was executed to Hatcher by Weitman and wife. The records of the bank did not at any time disclose the existence of this mortgage, nor, apart from the note itself, that it was payable to Hatcher. During all of this time, and, in f act^ up to the time the bank closed its doors. Hatcher had general control of the affairs of the bank, and the books were kept under his direction. So the matter stood until January 7, 1896, when Hatcher agreed with Weitman that, if the mortgaged property should be conveyed to himself by Weitman and w^f e, he would accept it as pay- ment of the note. The conveyance was made to "B. D. Hatcher, agent,'' and the note was accordingly canceled and delivered to Weitman. On August 13, 1896, Hatcher executed to the bank his note for the full amount of the Weitman note, signing it "B. I). Hatcher, Agent." This note does not on its face show upon w^hose behalf it was executed. The books of the bank show that it was credited against the Weitman note and interest as payment thereof, and from its date it was treated, and still is treated, as an asset of the bank. The uncontradicted state- ment of Hatcher is to the effect that at the time of the transac- tion with Weitman he told the plaintiff, who was vice president of the bank, that he was going to take the property from Weit- 300 Stanford v. Cobam. . [Dee. T/01 man in payment of the note a& the best thing to do. The vice president knew of the "Hatcher, Agent," note from the time of its appearance among the assets of the bank in August, 1896, though he testified that he had no personal knowledge of the mortgages securing the Weitman note at the time it was as- signed to his bank. There is no word of testimony that Hatch- er's course in the matter was objected to, and it affirmatively appears that it was never at any time repudiated by the bank authorities. During his connection with the Northwestern National Bank, Hatcher appears to have acted as agent in several capacities, and made use of several different signatures. When acting for the bank, he used the signature, "B. D. Hatcher, Cashier." AVlien acting for the stockholders of the Globe National Bank, he signed, "B. D. Hatcher, Agent." When acting in other capacities he signed, "B. D. Hatcher," or "Benton D. Hatcher." , During his negotiations looking to a settlement of the Weit- man note, considerable correspondence was had between him and Weitman and Wininger, his agent at Kalispell, and in each instance, save two, he signed his letters, "B. D. Hatcher, Cash- ier." In one of these instances he signed, "Hatcher^" and in the other, "B. D. Hatcher." For his services in this and other matters connected wuth the business of liquidation, Wininger was paid by Hatcher out of the assets of the Globe National Bank, though Wininger understood that in the transaction he was acting for Hatcher as cashier. After the execution of the Avritten guaranty by Coram, he was absent from Montana, re- siding at Tx)well, Mass. Further than that Hatcher had charge generally of the settlement of the affairs of the Globe National Bank, he was never expressly authorized to act for Coram in any capacity whatever. When the Northwestern National Bank closed its doors, Hatcher being under arrest. Coram hastened to Montana, took over all the assets of the Globe National Bank, and paid Wininger a balance due him for services to Hatcher in connection with his previous employment, but took no con- veyance of the Weitman lots. Thereafter he acted for the 86 Hont.] Stanford ti. Coram« 801 stockholders. On February 6, 1897, Hatcher wrote Wininger, stating that the Weitman property, standing in his name as agent, should be deeded to the Northwestern National Bank. After the national bank examiner took charge on February 7, Hatcher offered to deed the property to the bank ; but his offer was not accepted. At no time did the bank, or the receiver afterwards, return to Hatcher his note of August 13, 1896. Except the knowledge they may be presumed to have obtained from the conditioit of the books and the information possessed by the vice president, the other officers and the board of directors of the Xorthwestem National Bank were not informed of the Weitman transaction. Hatcher stated that, at the time he acted, he did the best he could for all parties, without reference to which of his principals would be responsible. No demand was ever made upon Weitman for the payment of his note after its surrender to him. Some time before the trial of this cause one of the directors of the Northwestern National Bank bor- rowed it from him, assuring him that no use would be made of it against him. This director handed it to the receiver, and it was introduced in evidence at the trial. The trial court found upon these facts that, in taking the deed from Weiteaan and canoeing his note. Hatcher acted without the scope of his authority as cashier, and that he acted for and on behalf of Coram and the other stockholders of the Globe National Bank. Hence the conclusion that the transac- tion did not amount to a payment of the note, so as to discharge Coram from his guaranty. Do the facts properly warrant this inference ? It must not be overlooked that the defendant sus- tained two distinct relations to the affairs of the Globe National Bank. He was one of its record stockholders. As such he was interested in the settlement of its affairs. He, with others who sustained a like relation to it, was bound bv the contract of guaranty individually to pay the debts in controversy upon the happening of the contingencies stated therein. His liabilities growing out of the former relation were imposed by law by virtue of his connection with the bank, and existed in favor 302 Stanford v. Cobam. [Dec. T.'Ol of the creditors of the bank only. Under his contract his obli- gation was to the Xorthwestem National Bank, and was per^ sonal and voluntary. Hatcher, having charge of the affairs of the Globe National Bank, was the af^nt of the corporation, and also Coram's agent, for all purposes connected with the trust between him and the creditors of the bank, with all authority necessarily imp'ied by that employment. No authority thus conferred upon him, however, enabled him to act as the agent of the defendant in any of his relations as debtor of the North- western National Bank. If he had swch authority, it must have iteen specially given, or must be implied from his and Hatcher's joint and several liability on the contract, or from their conduct with -reference to the matters growing out of the contract. There is nothing in the facta stated tending to show that he had such express authority. Nor does the fact that he and Hatcher were jointly and severally liable with the other stockholders on the contract of guaranty imply an authority in Hatcher to act as agent for him, so as fo'hold him for anything done affect- ing his personal liability under the contract. Hatcher, by vir- tue of his relation, could not in any way change the conditions of the contract, or enlai^ Coram's liability thereunder, without his consent, Nor does the evidence tend to show that Coram, by any thing he did, impliedly authorized Hatcher to do othei^ wise in the premises than any other of the joint and several guarantors could have done. So it appears that Hatcher did not, in his dealings with the Weitman note and the mortgage security, represent Coram in any capacity whatever. It is apparent, also, that no authority, obtained directly or impliedly from the stockholders, empow- ered him to direct the mode by which paym«it of the note could ade. The control of the note had passed from signment to the Northwestern National Bank, o authority to interfere with it His action in' IS either a gratuitous intermeddling on his indi- or must be deemed to have been authorized by for the fact that he occupied the position of 26 Mont.] Stanford v. Cobam. 30^ cashier, he would have had no access to the securities belonging to the bank, and could have done nothing. When we come to examine his relations to the bank, we find that he practi^'ally controlled its affairs. It is somewhat significant that, upon a renewal of the particular note in March, 1895, he had it made payable to himself and then indorsed it to the bank. He at that time undoubtedly acted for the bank. Mr. Stanford, the vice president, stated that it was customary, when the bank took real estate security for loans, to have the notes and mortgages pay- able to some ofiicer of the bank, and thus to evade the instruc- tions of the comptroller of the currency prohibiting loans upon real estate security. This last statement makes clear the sig- nificance of Hatcher's behavior at that time, and in the light of the other facts surrounding the transactions connected with the subsequent dealings of Hatcher, — ^the length of time covered by them, his apparent exclusive control of the business, the con- dition of the books, etc., — ^the only legitimate inference to be drawn from them is that the bank authorities must have known of them, and, at least tacitly, approved them. In any event, they must be presumed to have known of them, and be held to the legitimate . consequences- of such knowledge. It make© no difference, therefore,, whether Hatcher acted by consent of the bank authorities in the first instance, or without such consent and beyond the scope of his authority as cashier. His action in the premises must be held to have been that of the bank. The Weitman note must,, therefore, so far as Weitman is concerned, be held to have been paid off and discharged. It necessarily follows, also, that Co- ram's liability under his contract was discharged. (14 Am. & Eng. Enc. Law (2d Ed.), 1162.) There is no force, then, in the argument of the plaintiff that the debt of Weitman has not actually been paid in money. True, as the plaintiff contends,. Hatcher was not, by virtue of the fact that he was cashier,, authorized to take land in payment of a debt due the bank; but he in fact did so under circumstances which implied the consent and approval of the directors of the corporation, thus- 304 Stanford v. C5oram» IDeG^ T/01 constituting himself a trustee of the legal title thereto for its benefit Under all the circumstances) it' is of no moment that he had the conveyance made to him as "agent," instead of "cashier." Upon the facts stated, we think the defendant not liable upon the third cause of action for another reason. Conceding that the note has not been paid as was contemplated by the contract, the original note has been canceled and delivered up as paid. Weitman cannot now be held liable thereon. The debt guar- antied by Coram has been substituted by another and a differ- ent one, due from a different person, namely. Hatcher. If Coram should be held to pay, his only recourse would be against Hatcher, — a contingency not contemplated by his undertaking. The bank, in dealing with the original debtor through Hatcher, has permitted a material change in the situation of the debt guarantied, by bubstituting another as the principal debtor. It has also put the security, which otherwise might have been available to the guarantor, beyond his reach. Under the prin- ciples of law applicable, Coram is entitled to claim his release. (Civil Code, Sec. 3650.) We find no error in the action of the district court upon the first and second causes of action. As to these the judgment and order are affirmed. The defendant is entitled to a new trial upon the third cause of action. As to this, therefore, the judg- ment and order are reversed, and the cause is remanded, with directions to grant a new trial. Defendant may recover his costs. Mr. eTusTicE MiLBUKN, not having participated in the con- sultations had upon this cause, takes no part in this decision. 26 Mont] State v. Dotson. 305 STATE, Respondent, v. DOTSON, Appellant. (No. 1,786.) S 6581 (Submitted January 21, 1902. Decided February 24, 1902.) 3. 4. Criminal Law — Murder — PrvncipaXs — Accessories — Evir dence — Admissibility — Testiw/yny of Defendarvt — Weight — Instructions — Statutory Construction. Where a witness in a homicide case, who is Impeachable as an accomplice, details certain Incriminating statements made by the defendant before the commission of the crime, and states that he repeated the conversations to others, his testimony as to when he did so is relevant and admissible on behalf of the state as Introductory of evidence which may be adduced to show whether the witness was an accomplice. Where evidence objected to as irrelevant is held on appeal to be relevant for a certain purpose, it Is unnecessary to determine its relevancy for other purposes. The distinction recognized by the common law between principals and ac- cessories before the fact is, by Penal Code, Sec. 41, abolished in Montana. Evidence reviewed and held sufficient to establish the fact that defendant — though not in person present when deceased was murdered — advised and encouraged the commission of the murder, and hence sufficient to render the defendant a principal under Penal Code, Sec. 41. Elvldence of the act or declaration of a conspirator whicn relates to the conspiracy may, after proof of the conspiracy, be given against his co- conspirator. An instruction requested by defendant, that, to warrant a verdict on a criminal charge on circumstantial evidence alone, the circumstances must be such as \o produce "nearly" the same degree of certainty as that which arises from direct testimony, and sufficient to exclude all reasonable doubt of guilt, Is bad, in being qualified by the word "nearly," and is properly refused. A refusal of requested instructions presenting correct propositions of law is not erroneous, when the substance thereof Is embraced In the general charge. Section 2442 of the Penal Code provides that the Jury In Judging of the defendant's credibility and the weight to be given to his testimony may take into consideration the fact that he is the defendant, and the nature and enormity of the crime of which he is accused. Held, that an instruc- tion giving Section 2442, but which uses the word "must" in place of the statutory word "may," is not erroneous, even though Section* 2442 of the Penal Code of 1896 changed the word "shall" of the theretofore existing 6. 8. 9. law to "may." A mere change in the words of a revision will not be deemed a change in the law unless It manifestly appears that such, was the intention of the legislature. Appeal from, District Court, Powell County; J. M. Clements, Judge. Vol. XXVI-20 306 State v. Dotson. [Dec T.'Ol Clinton Dotson was convicted of murder of the first degree, and he appeals. AiErmed. Mr. Joseph C, Smith and Mr. C. J. Walsh, for Appellant. Mr. James Donovan, Attorney General,ioT the State. MR. JUSTICE PIGOTT delivered the opinion of the court Clinton Dotson was convicted of the deliberate murder of one Oliver Dotion and was condemned to death. He has ap- pealed from the judgment and the order denying his motion for a new trial. The evidence tended to prove the following facts : In Octo- ber, 1899, the defendant, one Benson, and one Persinger were adjudged guilty of the murder of one CuUinane, the defendant being sentenced to imprisonment for ninety-nine years, and Benson and Persinger to shorter terms. The three men were then taken to the state prison at Deer Lodga Oliver Dotson was the defendant's father and Benson's grandfather; the de- fendant is Benson's uncle. While in the state prison the de- fendant became intimate with one McArthur, otherwise known as Fleming, and occasionally calling himself Murphy or Mur- ray, a convict whose term expired on December 30, 1900. In the early part of September, 1900, the defendant told Per- singer that he had hired McArthur to murder Oliver Dotson ; that he had pn^mised to pay McArthur $7,600 for oonmiitting the crime, and that he had the money buried in Wyoming ; that when McArthur got out of prison he would kill Oliver Dotson in such a way as to make it seem a case of suicide, leaving on the body a confession that Oliver Dotson and his son-in-law (a man named Cachline) had killed CuUinane and exonerating the defendant, Benson and Persinger ; and that the three would then be released because of the confession. This conversation Persinger, on December 31, 1900, on January 12, and on Feb- ruary 21, 1901, repeated to other persons. Soon after the de- fendant and Benson were taken to the state prison for the mur- 26 Mont] State v. Dotson. 807 der of CuUinaxie, the defendant told Benson that they would get out in a year or two and that Benson must remain quiet. On Christmas day, 1900, five days before McArthur was dis- charged, the defendant told Benson to deny the truth of a con- fession made by Benson at the trial for the murder of CuUi- nane and to sav that he had been forced to make it On the t/ same day McAivhur informed another convict that wdthin three months after his release he wotild get the defendant out of prison. At the time McArthur was released, the defendant assured Benson that they would be out of prison in two or three months thereafter, but did not inform him how McArthur would accomplish that result. McArthur was discharged on the evening of December 30, 1900. He immediately sought Oliver Dotson, who lived alone in a cabin in Washington Gulch, an unfrequented and isolated region of Powell county. The next day but one after his discharge he was found at the cabin with Dotson. On the 15th day of February, McArthur mur- dered him and attempted to arrange the body so as to produce the impression that the decedent had committed suicide. He wrote and left near the body a confession purporting to be signed by Oliver Dotson, to the effect that Oliver Dotson and Cachline had murdered CuUinane, and that defendant and Ben- son and Persinger were innocent of that crime; that he was tired of living and was aboiit to kill himself, and hoped the de- fendant would forgive the wrong done to him by his father. McArthur also wrote and placed near the body the pretended will of Oliver Dotson, giving to the defendant whom he had 'Svronged and put in prison" his property, except five dollars to each of his other six children. On February 16, 1901, the defendant received a letter from McArthur w^hich he destroyed. Between the 16th and the 20th of that month the defendant in- formed Persinffer that he had received a letter from McArthur 'and that everj'thing was working just as he expected.'' On February 20 the body of Oliver Dotson was found. Some time after February 20 one of the contractors of the prison induced the defendant Lo tell him where McArthur was, and McArlliiir 308 State v. Dotson. [Dec T/01 Avas apprehended at the place mentioned by the defendant. On February 24 the defendant told Persinger that they would be out in a short time, that McArthur "has done it just as I ex- pected him to do it ; I have sacrificed the life of my own father to get you fellows out of here and myself too, and if you give me away I will turn state's evidence ; I have not done anything to turn state's evidence on/' During the trial of the defendant, McArthur asked him to make a confession, which the defendant promised he would do, but on the next day he informed the officer in whose custody he was that upon the advice of his counsel he refused to say anything about the matter until after the trial. About April 1 the defeaidant told Persinger that he had remarked to Benson that what McArthur had done showed McArthur to be a true friend. 1. The witness Persinger, after stating the conversation be- tween himself and the defendant in which the latter said that he had hired McArthur to murder Oliver Dotson and that Me- Arthur would do so upon his release from prison, testified, with- out objection, that he had told others about the conversation, lie was then asked to state when he repeated the conversation, to which question the defendant objected as irrelevant and im- material. The objection having been overruled, the witness answered that he told of the conversation on December 31, 1900, on January 12, and on February 21, 1901. This action of the court was excepted to and is specified as the first error. Counsel suggests, rather than argues, that the evidence was irrelevant When offered the testimony was admissible as in- troductory to evidence that might thereafter be adduced upon the question whether Persinger was a conspirator with, and hence an accomplice of, the defendant and McArthur in the murder of Oliver Dotson. It was therefore deemed to be rele- vant. Since this reason is sufficient to sustain the ruling of the court, we need not inquire whether upon other grounds the testimony w^as lelevant evidence. 2. The distinction recognized by the common law between principals and accessories before the fact is abolished in this 26 Mont.] State v. Dotson. 309 state, and all persons concerned in the commission of a crime, whether they directly commit the' act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, are principals. (Penal Code, See. 41.) The defendant was not physically present when Oliver Dotson was murdered by McArthur, and his coun- sel argue that the evidence was insufficient to justify the ver- dict. That the evidence was ample to prove tlie guilt of Mc- Arthur is not controverted. With his own hands he deliber- atelv murdered the decedent. The contention is that there was not enough evidence to prove the existence of a conspiracy be- tween the defendant and McArthur to commit the crime. But we are of the opinion that the evidence was sufficient to estab- lish the fact that the defendant advised and encouraged Mc- Arthur to murder Oliver Dotson. The jurors were the exclu- sive judges of the credibility of the witnesses and of the weight to be given to the evidence. 3. To the introduction in evidence of declarations made by ^IcArthur in January, 1901, that he was going to Washington Gulch "on a matter of business to do a job there for friends that are going to stake me and it is a matter of secrecy between me and them," and that he intended to kill Oliver Dotson and thereby bring about the release of the defendant, objection on the ground of incompetency, immateriality^ and he^irsay, was interposed and overruled. The learned judge who so ably and fairly tried the cause did not err. Suffice it to say that these declarations tended to show McArthur's intention to accom- j)lish the purposes of the conspiracy then in existence between the defendant and himself, and to prove his guilt of the murder subsequently done. Evidencxi of the act or declaration of a conspirator whioh relates to the conspiracy may, after proof of the conspiracy, be given against his co-conspirator. (Code of Civil Procedure, Sec. 3146, Subdivision G ; Penal Code, Sec. 2078; State v. Byers, 16 Mont. 565, 41 Pac. 708; Harrington V. B. & B. M. Co., 19 Mont 411, 48 Pac. 758 ; Pin^us v. Rey- nolds, 19 Mont. 564, 49 Pac. 145.) 310 State v. Dotson. [Dec. T/01 4. The defendant prayed, and it is assumed the court re- fused to gite, the following instruction : "The rule of law is, that to warrant a conviction on a criminal charge upon circum- stantial evidence alone, the circumstances should be such as to produce nearly the same degree of certainty as that which arises from direct testimony, and sufficient to exclude all rea- sonable doubt of the defendant's guilt The circumstances ought to be of nuch a nature as not to be reasonably accoimted for on the supposition of the defendant's innocence, but be per- fectly reconcilable with the supposition of his guilt. The court instructs the j\iry, that it is an invariable rule of law, that to warrant a conviction for a criminal offense upon circumstan- tial evidence alone, such a state of facts and circumstances must be shown, as that they are all consistent with guilt of the party charged, and such that they cannot, upon any reasonable theory, be true and the party charged be innocent." The word "nearly" made the instruction prayed for bad, and it was prop- erly refused. (State v. Ry<m, 12 Mont. 297, 30 Pac. 78.) The unobjectionable parts of it were given in the charge of the court. Other specifications of error in respect of refused in- struction's asked for upon the subject of circumstantial, or in- direct, evidence are disposed of by the observation that the substance of them was embraced in the general charge. «5. Among "he instructions given were the following: "A witness is presumed to sjx^ak the truth, this presumption, how- ever, may be repelled by the manner in which he or she testi- fies, bv the character of his or her testimonv, or by his or her motives, or by contradictory evidence. You are instructed that ycnr power of judging of the effect of evidence is not arbitrary, but to be exercised with legal discretion and in subordination to the rules of evidence. The jury are the exclusive judges of the credibility nf the witnesses and the weight to be given their testimonv." (Xo. ID.) "A defendant in a criminal case mav Ix^ sworn and may testify in his own behalf. In such a case the jury in judging of the credibility and \veight to be given liis tostinionv must take into consideration the fact that he is 26 Mont.] State v, Dotbon. 811 the defendant and the nature and- enormity of the crime of which he is accused. You are instructed that you have no right to disregard the testimony of the defendant on the ground alone that he is the defendant and stands charged with the conapiigk- sion of a crime. The law presumes the defendant to be inno^ cent tmtil he is proved guilty, by the evidence beyond a reason- able doubt) and the law allows him to testify in his own behalf, and the jury should fairly and impartially consider his testi- mony, under the instructions above given, together with all the other evidence in the case, and if from all the evidence the jury have a reasonable doubt as to the guilt of the defendant it is your duty to acquit him." (No. 21.) Section 2442 of the Penal Code provides that a "defendant in a criminal action or proceeding cannot be compelled to be a witness against him- self ; but he may be sworn, and may testify in his own behalf, and the jury in judging of his credibility and the weight to be given to his testimony, may take into consideration the fact that he is the defendant, and the nature and enormity of the crime of which he is accused. If the defendant does not claim the right to be sworn, or does not testify, it must not be used to his prejudice, and the attorney prosecuting must not com- ment to the court or jury on the same.'' Complaint is made of the word "must" in instruction numbered 21, counsel for the defendant contending that the use of this word instead of the statutorj' word "may" was prejudicial error. We think it was not. Jurors are in duty bound to consider all the evidence; they must, in obedience to their oaths, consider whatever tends to shed light upon the credibility of witnesses and the weight of evidence. They are not at liberty to withhold their consid- eration from any evidence; they must impartially consider it, and then give to it such weight as they believe it deserves, or if, after fairly considering it, they are satisfied that it is not entitled to any weight, they should in their subsequent deliber- ations disregard it. Counsel say that under the plain terms of the statute the jury, in judging of the defendant's credibility and the weight to be given to his testimony, are at liberty — 312 State v. Dotson. [Dec. T/01 that is, have permission — ^to take into consideration the fact that he is the defendant and the nature ftnd enormity of the crime of which he is accused, but are under no obligation to do so. ,If this position be tenable the following supposed instruc- tion would correctly state the law : "A defendant in a criminal action cannot be compelled to be a witness against himself, but he may under oath voluntarily testify in his own behalf. The defendant has availed himself of this privilege, and in judging of his credibility and the weight to be given to his testimony you may, or may not, as you see fit, take into consideration the fact that he is the defendant and the nature and enormity of the crime charged. These matters you are at liberty to exclude from any consideration whatever. The court has already charged that you must consider all the evidence, and such is the general rule of law, subject to but one exception: When you judge of the defendant's credibility and the weight of his testi- mony, you are under no obligation to consider, think upon, or regard, the fact that he is the defendant on trial for murder of the first degree and therefore vitally interested in the result. Such facts you may utterly eliminate and refuse to consider in judging of the credibility of the defendant as a witness and the weight to be given to his testimony." Surely the l^slative assembly by the word "may" did not intend that jurors might refuse to consider matters lawfully laid before them. Upon the general principles stated in Montana Ore Purchasing Comr pany v. Lindsay, Judge, 25 Montana Keports, 24, 66 Pacific Reporter, 715, and to avoid absurdity, we think "may'* should be interpreted to mean "shall" or "must"; and such seems to have been the opinion of this court in 8taie v. McClellan, 23 Montana Reports, 532 (59 Pac. 924, 75 Am. St Eep. 558), where an instruction that the jury in judging of the credibility of the defendant as of a witness and of the weight to be given to his testimony should take into consideration the fact that he is the defendant and the nature and enormity of the crime of which he is accused, was approved. If "may" had been used instead of "must" in the instruction of which complaint is 26 Mont] State v. Dotson. 313 made^ we think the ordinary juror would, in the light of the other instructions, certainly have understood it to be the equiv- alent of "shall" or "must" Although counsel have not called attention to it, we note that from 1872 until the first day of July, 1895, when the Penal Code was adopted, the statutes of the Territory and State of Montana provided that the jury in judging of the credibility of the defendant and of the weight to be given to his testimony "shall take into consideration the fact that he is the defendant and the nature and enormity of the crime of which he is accused." (Sec. 15 of Chapter III, Crim- inal Laws, Codified Statutes of 1871-2, page 271; Sec. 15, Fourth Division, Criminal Laws, Compiled Statutes of 1887.) We do not think the change from "shall'^ to "may" made by the Code of 1895 is significant of a legislative intent to allow jurors the liberty of refusing to consider evidence or matter properly adduced before them. "Every change of phraseology, however, does not indicate a change of substance and intent. * * * The changes of phraseology may result from the act being the production of many minds, and from being compiled from dif- ferent sources. Hence the presumption of a change of intention from a change of language is of no great weight, and must mainly depend on the intrinsic difference as resulting from the modification. A mere change in the words of a revision will not be deemed a change in the law unless it appears that such was the intention. The intent to change the law must be evi- dent and certain; there must be such substantial change as to import such intention, or it must otherwise be manifest from other guides of interpretation, or the differences of phraseology will not be deemed expressive of a different intention." (Suth- erland on Statutory Construction, Sec. 256.) That the legisla- tive design was not to change the law so that "may," as per- missive only, should supplant the imperative "shall," is clear. Several questions of practice have been argued by the attor- ney general ; but as the views expressed dispose of the appeals adversely to the defendant, we prefer to reserve them. Let the judgment and the order refusing a new trial be af- firmed. Affirmed. 814 Craveb v. Stapp. [Dec T/01 CRAVEK, Appellant, v. STAPP, Kespondent. 26 314 (No. 1,700.) 28 16 28 18 (Submitted January 27, 1902. Decided February 24, 1902.) Interlocutory Injunction — Dissoluiion — Appeal — Evidence — Sufficiency. Evidence on which a temporary injunction la dlssolTed will be held lufficlent to sustain the order of dissolution on appeal, where no abuse of discretion is shown, even though it would not authorise a denial on final hearing of the relief demanded in the bill. Appeal from District Court, Beaverhead County; M, H. Parker, Judge. Injunction by Flora E. Craver against I. B. Stapp. From an order dissolving an interlocutory injunction, the plaintiff appeals. Affirmed. Mr. John G. Willis and Mr. Edwin Morris, for Appellant Subdivision II, Sec. 871, Code of Civil Procedure, provides for the granting and issuance of an injunction where great or irreparable injury would result. It might be argued that the acts of the respondent were only trespasses and an action at law would be the proper remedy. Trespasses, where frequent, wanton or continued, will be restrained where the injury is great or irreparable, or the defendant is insolvent. {Lee v. Watsojv, 15 Mont. 228; Derry v. Ross, 5 Colo. 295; West v. Smith, 52 Cal. 322; Long v. Casebeer, 28 Kan. 226.) Injunction will lie to restrain the removal of the plaintiff's crop by an insolvent defendant. (Lee v. Watson, supra; Hx<:ks V. Compion, 18 Cal. 206 ; West v. Smith, 52 Cal. 322, supra; Rohrer v. Babcock, 114 Cal. 126.) Some of the older decisions go to the extent of holding that so long as a plaintiff has any remedy at law whatever, no re- course can be had to equity. Such is not the effect of the later , 26 Mont] . Cbaveb v. Stapp. 315 ilcciaions. {Staples v. Rossi et ah, 65 Pac. Rep. 67 ; King v. Stewart, 84 Fed. 546 ; King v. Campbell 85 Fed. 814 ; Wat- son V. Sutherland, 5 Wall. 74.) Where the injury to the defendant from the temporary in- junction would be less than the injury to the plaintiff, should the plaintiff succeed, the injunction should be granted. (Gil- fin V. Mining Co., 23 Pac. Rep. 547 ; Staples v. Rossi, supra,) Mr. W. S, Barbour and Messrs, P ember Ion & Maury, for Respondent. Where there is a conflict of evidence, the granting or dissolv- ing of an injunction, being so much in the discretion of the lower court, the supreme court will never disturb its action. {Heinze v. B. £ M. Company, 20 Mont 531 ; Red Mountain M. Co. V. Esler, 18 Mont 176 ; Anaconda C. M. Company v. B. £ B. M. Company, 17 Mont. 521 ; Cotter v. Cotter, 16 Mont 63 ; Boyd v. Desrozier, 20 Mont. 449 ; Combers v. Lowry, 21 Mont. 481, and numberless other cases of the supreme court of Montana. ) The granting or dissolving of an injunction is so largely within the discretion of the lower court, that the supreme court will never disturb its action, imless there has been a manifest abuse of discretion. {Heinze v. B. & M, Company, 20 Mont. 531, and cases there cited.) MR. JUSTICE PIGOTT delivered the opinion of the court. On June 12, 1901, upon the verified complaint on file in the action, the judge at chambers made an interlocutory injunction order restraining the defendant from interfering with land upon which tho plaintiff alleged she had entered under the Desert Land Act of Congress, and from occupying or using it, and requiring the defendant to remain away from the land. On the 27th day of Jime the defendant moved the court to dis- solve the injunction. The hearing was had on the complaint, answer, and affidavits. On July 9 the judge below ordered the 316 Whalen et al. v. Harbison. [Dec- T/01 injunction dissolved, and the plaintiff has appealed from the order of dissolution. It is argued by the defendant that the complaint does not state facts sufficient to warrant the granting of the injunction, but that if it does, the evidence received upon the hearing was sufficient to justify the order of dissolution. We shall not consider the question of the sufficiency of the complaint to sup- port the interposition of equity by way of injunction process, for on the present apjxjal we need go no further than to in- quire whether, upon the evidence received at the hearing, the judge manifestly abused his discretion in dissolving the order of June 12. It does not so appear, and upon the authority of the numerous eases to that effect decided by this court, the order appealed from must be affirmed. We do not decide whether the evidence would, if received on a trial of the merits, be sufficient to support a perpetual in- junction or to defeat the plaintiff. No opinion is intimated upon this question. That which suffices to sustain an interlocu- tory injunction or to justify its dissolution, does not always suffice upon a final trial of the issues. {Moloney v. King, 25 Mont. 188, 64 Tac, Eep. 351.) The order is affirmed. Affirmed. 26 316 31 113 31 268 32 274 26 310 40 37 WHALE X ET AL., Respondents, v. HARRISON, Appellant. (No. 1,302.) (Submitted November 19, 1901. Decided February 24, 1902.) Contracts — Public Policy — Public Buildings — Competitive Biddings — Appeal — Bill of Exceptions — Time of FUing — Directing Verdict — Nonsuit. 1. It is not error for the court to deny a motion for a continuance on account of the absence of the defendant, where the defendant falls to show dili- gence. 26 Mont] Whalen et ax. v. Harbison. 317 2. Where, in a suit on an alleged contract, plaintiff alone testifies in support of his case, and his evidence, though uncontroverted, is confusing, it is error to direct a verdict for him, as the Jury should determine the weight of his testimony, and the amount, if any, which is due to plaintiff under proper instructions of the court. 3. Under Code of Civil Procedure, Sec. 1736, providing that on appeal from a final judgment any statement used on a motion for a new trial may be used equally as on appeal from an order granting or refusing a new trial, a bin of exceptions used on motion for new trial may be used on appeal from the Judgment, though no appeal is taken from the order denying the motion. 4. Under Code of Civil Procedure, Sec. 1173, providing that, when a motion for new trial is made on a bill of exceptions, the party shall have the sftme time, after service of the notice of intention to move for a new trial, to serve such bill, as is provided after entry of Judgment by Section 1155, — that Is, 10 days, — and 10 days after service of such notice to serve a state- ment of the case, and in either case the judge may extend the time for 30 days in addition to the statutory time, where a Judgment is entered on June 9th, notice of intention to move for new trial is served on the 16tb, and on the 25th the Judge extends the time to serve the bill of exceptions to July 26th, the service of the bill on July 24th is in time, and it may be used on appeal from the Judgment. 5. Where bidders for a school building, after the rejection of their separate bids and consultation with the members of the board, agree to reduce their bids, and that in consideration of a bonus part of the bidders would let another have the contract for furnishing stone, pursuant to which they procure the contract without readvertisement, such agreement is void, as against public policy, and affords no basis for an action by one of such bidders against the other. 6. Evidence reviewed and held, that the court erred in denying a motion for nonsuit on the ground that the contract sued upon was void as against public policy. Appeal from District Court, Lewis and Clarice County; S. II. Mclntire, Judge. Action by Stephen F. Whalen and James S. Grant, part- ners as Whalen & Grant, against William Harrison. From a judgment in favor of plaintiffs, defendant appeals. Eeversed. Messrs. Walsh & Newman and Mr. A. J. Craven, for Appel- lant. The demurrer to the first cause of action should have been sust-ained. The objection to the introduction of tetstimony on the first cause of action should have been sustained. These tvvo propositions involve the same question, viz. : That the complaint does not state facts sufficient to constitute a cause of action. {Cummer v. Butts, 40 Mich. 322 ; Ahlstrow, v. 318 Whaien et al. v. Harrison. [Dec. T.'Ol Fitzpatrick, 17 Mont. 295 ; Davie v. Lumbennaris Mining Co., 93 Mich. 491, 63 N. W. 625 ; Ex parte Baxter, 2 Q. B. 478, 1892; Storey on Contracts, 5th Ed., Sec. 830; Addison on Contracts, bottom p. 292-296 ; 5 Lawson's R. & R. Sec. 2313 ; Kiiijg V. Ruickman, 20 N. J. E. 316; Abeel v. Radclijf, 13 Johns. 216; Van Slyke v. Broadway Ins, Co,, 115 Cal. 644, 47 Pac. 689 ; Ducie v. Ford, 8 Mont. 233, 240 ; Ryan v. Dun- phy, 4 Mont. 354; Mayger v. Cruse, 5 Mont. 497.) The court erred in striking out that part of the answer set- ting forth that the alleged contract was not made* delivered or intended by the parties to be a final contract, or as containing all the stipulations and agreements intended by the parties. CCode of Civil Procedure, Sees. 3132, 628 ; Commercial Tele- gram Co, V. Smith, 47 Hun. 494; Burke v. DuLaney, 153 IT. S. 228; Ware v. Allen, 128 U. S. 590; Wharton on Contracts, Sec. 202; Wharton on Evidence, Sec. 927.) The alleged contract is against public policy and illegal, null and void. {Hannah v. Fife, 27 Mich. 172 ; Hunter v. Pfeifer, 9 Xortheast, 124, 108 Ind. 197; McMullan v. Hoffman, 69 Fed. 509 ; Hoffman v. McMidlan, 83 Fed. 372 ; Boyle v. Ad- ams, 52 X. W. 860 ; Moore v. Bennett, 29 X. E. 888 ; Bank V. Hoim, 71 Fed. 489 ; Church v. Proctor, 6Q Fed. 240 ; Sharp V. Wright, 35 Barbour, 236; Gulick v. Ward, 18 Am. Dec 389 ; Pac. Factor Co, v. Adler, 90 Cal. 110 ; Morrison v. Ben- nM, 20 Mont. 560; Atcheson v. Mallon, 43 X. Y. 147; Tool Co. V. Norris, 2 Wall. 45 ; Swan v. Chorpening, 20 Cal. 182 ; Brooke v. Cooper, 21 L. R. A. 617 ; Greenhood on Public Policy, 178, 179.) It is the duly of the court whenever and however the ille- gality of a contract api>ears, to dismiss the suif, although tho question may not be raised by the pleadings, and lK>tb parties waive the illegality. {Wight v. Riiidskoff, 43 Wis. 344; Os- canyon v. Winchester Arms Co,, 18 Fed. Case 863, Xo. 10,600; Same case affirmed, 103 U. S. 261 ; Hall v. Coppell, 7 Wal- lace, 542; Maguire v. Corwin, 101 U. S. 108.) The court erred in instructing the jury to return a verdict 26 Mont] VVhalen et al. v. IIarhison. 319 in favor of the plaintiffs. In this the court invaded the prov- ince of the jury. The jury were the sole judges of the weight of testimony and the credibility of witnesses. The court may instruct a jury to return a verdict where the court can say as a question of law that there is no evidence to sustain a contro- verted allegation ; but where an issue of fact is raised in an action at law, and a jury is impaneled to try that issue, the jury, and not the court, must judge of the credibility of the witnesses and the weight of the evidence. (Sec. 23, Art. Ill, Constitution of Montana; Code of Civil Procedure, Sees. 1080- 3390; Wastel v. M. U. Ry. Co., 17 Mont 213; Knoivles v. Nixon, 17 Mont 473 ; Saor v. Fuller, 71 Iowa, 425 ; Rlwdes V. Lowry, 64 Ala. 4; Stewart v. Russell, 38 Ala. 619; Bank V. Donaldson, 6 Penn. St. 179; King v. Kline, 6 Penn. St 318; Pexxple v. Webster, 111 Cal. 381.) Mr. WUliam Wallace, Jr., for Respondents. A bill of exceptions not served within ten days after the judgment will not be considered on appeal from judgment (Sec. 1155, Code of Civil Procedure; 3 Enc. PL & Pr. pp. 459, 460 ; Hayne New Trial & App. Sec. 257, p. 769 ; Sec. 250, p. 753.) Here notice of motion for a new trial was served on the eighth day after verdict and seventh after judgment, and the bill therefore settled in time for new trial proceedings, but too late for simple judgment appeal. Quaere: Does Sec- tion 1736, Code of Civil Procedure, providing that "any state- ment used on motion for new trial may be used on appeal from final judgment," etc., make this bill of exception part of the record for purposes of a judgment appeal; or, to become so, must it have been prepared within ten days, or within an ex- tension period, under order made within ten days after judg- ment ? (The new trial proceedings were not prosecuted beyond the district court) But for Section 1736 a separate bill would be required on the two appeals. The object of the section clearly was to do 320 Whai^bist et al. v. Eabbisoii^. [Dec T/01 away with double sets of papers. It was not intended to per- mit a person, after losing a right to make a bill of exceptions on appeal, to gain it again under pretense of following up mo- tion for new trial proceedings. The proceedings are separate, and only by virtue of the statute can the bill of exceptions in one be used in the other. The defendant could have preserved his rights along both lines by taking an extension of time to prepare the bill within ten days after the judgment Then the bill would have been in time for either an appeal from the judgment or an order overruling a motion for new trial, and, by virtue of Section 1736, could be used for both purposes without being twice copied in the record. But when defendant allowed the ten days after judgment to go by without prepar- ing the bill or getting an extension order, he lost the right to have any bill of exceptions in connection with the appeal from the judgment, and could not use any other bill therefor not prepared in time for this purpose. (People v. Crane, 60 Cal. 279, 280.) He could not have had this bill of exceptions set- tled after the time to appeal from an order overruling a motion for new trial if the motion had been heard on affidavits. (Tur- ner V. Hearst, 115 Cal. 399.) There was in the one instrument a general demurrer to each of the two causes of action. The court's ruling was general on the whole demurrer; and there was only a general exception to this general i-uling, and a general specification of error. If, then, the demurrer was properly overruled as to either cause of action, the exception fails. (Kleinschmidt v. Her, 6 Mont. 122; 8 Ene. PI. & Pr. 167, note 7 and cases.) The interpretation of this contract is for the court, which, to place itself in the parties' position, must consider all the cir- cumstances under which it was made, including the situation of the subject matter, and the parties. (Sec. 3136, Code of Civil Procedure, a continuation of Sec. 632, Compiled Stat- utes.) And "Where technical terms are used in a written agreement, or abbreviations, parol evidence is admissible to show their meaning." (Beach on Contracts, Sec. 581 and 26 Mont.] Whalen et al. v. Harrison. 321 cases; Newell v. Nicholson, 17 Mont. 389 (43 Pac. 181); Sec. 3137, C. C. Proc, a continuation of Sec. 633, Comp. Stat.) "It is proper here to state that a greater degree of certainty is required in the terms of an agreement, which is to be spe- cifically executed in equity, than is necessary in a contract wliich is to be the basis of an action at law for damages. The action at law is founded upon the mere non-performance by the defendant, and the negative conclusion can often be estab- lished without determining all the terms of the agreement with exactness." (Note I to Sec. 72, Beach on Mod. Law of Oontr.) '\Vhere the contract is not expressed in precise terms, the facts and circumstances surrounding the subject matter it con- tains may be looked to in aid of construction ; and the acta of the parties to ihe instrument are entitled to great weight.'' (Cariwrighi v. Calloway Co., 10 Mo. 663, quoted in Beach on Mod. Law of Cont. Sec. 73, note 4; 11 Am. & Eng. Enc. Law, pp. 512, 613.) The doctrine of the authorities on the subject of uncertainty may be epitomized thus : If the court, by traversing the entire field within which it may pursue its investigations, i, e,, the circumstances under which the instrument was made, the facts and circumstances surrounding its subject matter at the time, and the situation and surroundings of the parties, can give meaning to the words employed, it is bound to do so ; and it is only when, after exhausting all its legal resources, it finds an instrument on its hands that remains unintelligible, it will re- fuse to enforce it as a contract. Again, such an agreement was not within the Statute of Frauds. So, if appellant were correct, and the instrument pleaded in paragraph 8 were no contract, we would not be with- out a remedy, if our pleading otherwise set forth the facts en- titling us thereto, (for, of course, limitation would have long since cut off the right to file another complaint). (Beach on Mod. Law Cont. Sec. 73 foot.) It was not permissible for defendant to allege or prove matters to destroy this contract Vol XXVI-21 322 Whalen et al. v. Habkison. [Dec. T/01 in the face of the contract itself. (Bank v. Stone,, 59 Cal. 183 ; Worrall v. Munn, 5 N. Y. 229, 238 ; Cocks v. Barker, 49 K Y. 107, 110 ; Beach on Modern Law of Contracts, Sec 64, note 2, pages 82-85.) The contract was not void as against public policy. All the cases cited by counsel for appellant are those of agreements made before the bidding. Here it was never disputed by de- fendant, either in pleading or in proof, but that the bids had all been received by the board under their advertisement, and acted on, before this particular contract was even thought of. (Whalen v. Brannan, 51 K W. 759; Flanders v. Wood, 18 S. W. 572 ; Breslin v. Brown, 24 Ohio St. 565, 570 ; Greenhood on Public Pol. p. 181 ; Briggs v. TUlotson, 8 Johns. 304, 305.) On the instruction to jury to render verdict for plaintiflF, see Thompson v. McConncll, 107 Fed. 33, 40, foot; Arthur v. Jacohy, 103 U. S. 678 ; Singer Co. v. Hester, 6 Fed. 804, 808 top; Pierce v. Canada, etc. By., 22 Mont. 448, foot, 56 Pac. 868, right, and cases cited ; Laidlaw v. Sage, 52 N. E. 686, left top; Griswold v. Boley, 1 Mont. 546, 10 Mont. 563; N. P. v. Sullivan, 53 Fed. 222, and cases; N. P. R. R. v. Bank, 123 U. S. 727, 733; Delaware R. Co. v. Converse, 139 U. S. 469; Many cases in VoL 8, Notes U. S. Sup. Ct Eeports, page 505, under "Trial," p. 506 ; Fagvndes v. C. P. R. R., 21 Pac. 437, 438 (Cal.). Kepi/ Brief of Appellant : Counsel for ihe Respondents, in his brief, suggests a ques- tion of practice, which, he says, has never been adjudicated. In our opinion, the question has been fully settled by the Code and by the dec^isions of the supreme court The California decisions, which he cites, are not authority on the proposition, because there is a difference between the California Code and our Code. Our Code disiwnses with the bill of exceptions and says, in plain, unmistakable language, that none is required. (Code of Civil Procedure, Sec. 1151.) Section 1155 of the 26 Mont] Whalen et al. v. HAEBisoisr. 323 Code of Civil Procedure, cited by counsel for respondents, expressly applies to exceptions taken at the trial, and not to exceptions deemed to have been taken. In order to make the matter more emphatic, and to leave no room for discussion as to whether or not a bill of exceptions shall be required for mat- ters deemed excepted to, Subdivision II of Section 1196 of the Code of Civil Procedure, defines what shall constitute the judg- ment roll in cases where the defendant has appeared. {Kleirtr Schmidt v. McDermott, 12 Mont 315; Sanderson v. Billings Water Power Co,, 19 Mont 238; New Orleans R. B. Co. v. Albrition, 75 Am. Dec. 98 ; WasU v. Mopiana U. By. Co., 61 Pac. 9.) But, independent of the provisions of the Code, if there was no bill of exceptions, the court could review the ac^ tion of the lower court, in striking out a part of the answer. (^Dodson V. Nevitt, 5 Mont 518, and Bank of Commerce v. Fuqua, 11 Mont 285-293; Power v. Gumm, G Mont 5; Bar- ter V. Briscoe, 8 Mont. 222; Jones v. City of Petaluma, 36 Cal. 230; Smith v. Lawrence, 38 Cal. 28.) We may go even further and say that if the court could not review the action of the lower court, in striking out these mat- ters, without a bill of exceptions settled, as coimsel contends it should be settled, yet in this case, the whole matter is brought up for review by the motion for nonsuit, upon the ground that the testimony i^hows that the contract was against public policy and void. Had the defendant's rights been lost on the pre- liminary proceeding upon this question, they would have been preserved by that motion. We contend, however, that the bill of exceptions and statement was served in time. A motion for a new trial brings the whole matter before the court for review. It matters not whether the case is tried at one session of the court or at various sessions. From the commencement until the final disposition of the case in court, there is but one trial. There are trials of the issues of the law, and of the issues of fact. (Code of Civil Procedure, Sees. 1030, 1031, 1032 and 1033.) An error, occurring upon a ruling on the pleadings, although 324 WiiALEN ET AL- V. Harrison. [Dcc T/01 made long before the trial of the case upon the merits, is an error occurring at the trial. In this case notice of intention to move for a new trial was served in due time, the time for settling the bill of exceptions was extended by an order of the court, and the statement and bill of exceptions was served within the time granted by the court. (Section 1173 of the Code of Civil Procedure.) Upon the illegality of the contract, we wish to add to our former brief the case of Hoffmaw v. McMillan, 83 Fed. 372, reversing McMillan v. Hoffman, 75 Fed. 547, and see same case cited in our former brief, 69 Fed. 509. MR. JUSTICE MILBURX delivered the opinion of the court. This case is prosecuted by the plaintiffs upon two causes of action, one being to recover $1,333.50 and interest, claimed to be due upon an alleged contract, set forth in the complaint. It is "alleged by the plaintiffs, in substance, that the defend- ant made a proposition to the board of school trustees of school district No. 1, at the city of Helena, to furnish and deliver all cut, carved, and rubble stone for the Helena High School Build- ing for $22,598, which bid was rejected; that plaintiffs made a bid to the said board to erect the building and fUrnish all labor and materials for $63,100, and defendant offered to fur- nish to plaintiffs all sandstone for $19,000, and all rubble gran- ite at $1.45 per perch, and on this basis plaintiffs made their bid ; that this offer was rejected by the board because another had offered to erect the building for $63,050, and the board asked plaintiffs to reduce their bid below $63,050; that they could not do so without sustaining financial loss, unless they obtained the granite and sandstone for $19,000 ; that, to induce the plaintiffs to agree to construct the building and furnish the rest of the materials for $40,152, the defendant agreed to con- tract with the lx)ard to furnish all cut stone and rubble granite for $22,248, and, in consideration that plaintiffs would con- stl-iiet the building and furnish all the rest of the materials 26 Mont.] Wkalen et al. v. Habbison. 325 for $40,152, and use the stone furnished by defendant, he would pay them the diflFerence between $19,000 phis $350, and $22,248, which difference amounted to $2,898 ; that thereupon the defendant contracted with the school board to furnish said cut stone and rubble granite for $22,248, and that plaintiffs thereupon agreed to furnish all the rest of the material and construct the building for $40,152; that defendant furnished the stone, and received from the school board $22,248, and plaintiffs accepted the stone, and constructed the building ac- cording to their contract; that defendant thereby became in- debted to plaintiffs in the sum of $2,898, less a credit for 850 perches of granite, amounting to $1,232, leaving a balance due of $1,665.50; and that other credits were allowed, which re- duced the amount claimed to $1,335.50. It is then alleged that the contract was reduce^l to writing, and is set forth in the complaint as follows : "Helena, Montana, July 31st, 1890. "Memo, of agreement and understanding pending execution of contract on the basis hereof : Whalen & Grant's bid H. 8. S $63,100 00 They agree to dis 350 00 I62J50 00 Wmiam Harrifion'B bid 122,598 00 He agrees to die 350 QO $22,248 00 Building to cost around $63,100 00 Less $350.00x2 700 00 $62,400 00 "William Harrison agreed to furnish W. & G. cut stone for $19,000.00, which they agreed to accept. Wm. Harrison will receive from r^^hool committee $22,248.00. This figure in- cluding an estimate on the rubble (granite). W. & G. are en- titled from Wm. Harrison to the difference between $19,000 plus $350.00, above shown disc, and $22,248.00, which sum is $2,898.00 ; said Whalen & Grant having to furnish granite rubble for H. S. S., which Wm. Harrison agrees to deliver 326 Whalen et al. v, Haemson. [Dec T/01 f. 0. b. K P. R. K. for $1.45 per perch of 2,240 pounds. The above is our understanding and agreements "Wm. Habeison, "Stephen F. Whalbn, "James S. Gbant/' Their second cause of action is set forth, claiming a balance due for work and labor amounting to $188.95. The defendant demurred to each cause of action for want of substance. The demurrer was overruled. The defendant there- upon answered denying each and every allegation in the com- plaint It is not necessary to state anything further contained in the answer. There is no serious attack made upon the judgment, so far as the second cause of action is concerned, and we find no error as to it except as appears hereinafter. A motion having been made for a continuance on account of the absence of the defendant, we find that the court did not err in denying it, as the defendant, in our opinion, did not show diligence. A motion for a nonsuit was made after plaintiffs submitted their case, and the same was denied. Thereupon the defendant offered no testimony, and the court, on motion of plaintiffs, directed a verdict for the plaintiffs upon both causes of action. In thus directing a verdict the court erred. There was only one witness, — ^plaintiff Whalen, — and he was a largely inter- ested party, who was cross-examined at length, and whose testi- mony w^as not clear, but somewhat confusipg. Under the cir- cumstances of this particular case^ we think that the court should not have taken up the duty of the jury, but should have left it to them to determine the weight to be given to his evi- dence, and the amount^ if any, which was due to the plaintiffs under proper instructions of the court The plaintiffs make the point that the bill of exceptions used on motion for new trial, not having been submitted within ten days after the judgment was rendered, therefore cannot be used on appeal from the judgment No appeal was taken from the 26 Mont] Whalbn bt al. v, Habaison. 327 order which was made denying the motion' for a new trial. Counsel inquires whether any statement used on motion for new trial can be used under Section 1736 of the Code of Civil Procedure, if the new trial proceedings be not prosecuted be- yond the district court. This section is as follows: "On an appeal from a final judgment, the appellant must furnish the court with a cojiy of the notice of appeal, of the judgment roll, and of any bill of exceptions or statement in the case, upon which the appellant relies. Any statement used on motion for a new trial may be used on appeal from a fi.nal judgment equally as upon appeal from the order granting or refusing a new trial." Under the language of this section w^e cannot see any reason why the bill of exceptions in this case may not be used on appeal from the judgment. The record was made within the time fixed, and while the facts were fresh in the mind of the judge; and, the purpose of the section being to prevent multiplication of the records, and this object having been attained, we cannot see any reason why such bill of ex- ceptions may not be used on appeal from the judgment for all purposes for which a bill of exceptions may be properly used on appeal from the judgment. Having made the inquiry above referred to, counsel proceeds to argue that the bill of exceptions was not served in time ; that is, w^ithin ten days after entry of judgment. But, as is well said by counsel for appellant, Section 1173 of the Code of Civil Procedure provides that, when a motion for a new trial is made upon a bill of exceptions, the party shall have the same time after service of tiie notice of intention to move for a new trial to serve his bill of exceptions, as is provided after entry of judgment by Section 1155, and he shall have ten days after service of such notice to serve a statement of the case, and iu either case the judge may extend the time not more than thirty days in addition to the statutory time. Judgment was entered June 9, 1897. Notice of intention to move for a new trial was served and filed June 16. On June 25 an order was made by the judge extending the time until July 26 to prepare and 328 Whalex et al. v. Hakrisox. [Dec. T.'Ol serve bill of exceptions and statement on motion for new triaL Such service was made on July 24. Section 1736, supra, cer- tainly, by its plain language, permits such bill of exceptions so saved and used on motion for new trial to be "used on appeal from a final judgment equally as upon appeal from the order granting or refusing a new trial" for all purposes for which a bill of exceptions containing matter which a bill of exceptions may properly present on appeal from the judgment alone may be used. The words "any statement," as used in the section, include a bill of exceptions. We therefore do not consider this point of respondent well taken. We are of the opinion that the court should have granted the motion for a nonsuit as to the first cause of action, as prayed by defendant's counsel. The testimony of the plaintiff Whalen, after showing Ihat plaintiffs' bid for $63,100 and that of de- fendant for $22,598, with one of a stranger, were rejected by the board, discloses the fact that plaintiffs and defendant, after the rejection of their separate bids, made pursuant to adver- tisement of the board, got together for consultation, all the par- ties hereto having been interviewed by members of the board, who had said that the bids must be reduced or the plan of the building altered. Whalen testifies that: "It seemed that the school boftrd had been talking to Harrison, too, and we spoke to him about it, — that they were going to readvertise for bids, and do something, if they could not get a lower bid, — and asked Harrison what he thought he could do about it ; and we told him that wo were going to talk with those other parties; and finally he just came right out, and [we] agreed that we would stand $350 if he \vould stand that, and let it go at that; and, if the school board would stand that, that it was agreeable to us if it was to him." He also testifies that: "We lost the proposition on the first bid, but afterwards, through an agreement, we were awarded the contract on account of agreeing to make this reduction. They intended to readvertise for bids, but thev did not do it.'' Also that: "We had an ar- rangement with Mr. Harrison whereby he was to refund to us 2G Mont.] WiiALEN ET AL. V. Harrisox. 329 the difference l^etween $19,000 and the amount that he had previously put in a bid for." Whalen also states in evidence that: "Before we made a bid we had a little conversation with Harrison about furnishing cut stone for this building. We fig- ured like this: If we could get a satisfactory bid, we would use it; if we couldn't, we figured that we could furnish the stone ourselves, and open a quarry ; and we had a quarry picked out" From the foregoing it seems to be very apparent that both the plaintiffs and the defendant were desirous to prevent the board from doing their duty under the law, to-wit, to re-adver- tise for bids f ron all who desired to compete ; the bids received under the first advertisement having been all rejected, as con- clusively appears. Besides this, Whalen and Grant evidently did not wish to be compelled to put in a new bid including pric^ for stone, thereby competing with Harrison. The plan was to avoid competition, and to deprive the people of any op- portunity to possibly secure the construction of the building for less than $62,400. We think that such a plan as disclosed by the evidence of the plaintiff Whalen is against public policy. The cases in the reports of decisions are many upon this subject, and the weight of authority is in support of the propositions: (1) As between bidders, each bidder must be left free to act according to his own judgment; (2) it is not the results of the agreement, but the object fiud possible effect thereof, that determines its validity ; and (3) any agreement which, in its object or nature, is calculated to diminish competition for the obtainment of a public contract to the detriment of the public, is void. The authorities are so numerous in support of these principles that we forbear to collate them here, but refer to the discussion of this subject in Greenhood on Public Policy, p. 178 et seq., and the cases cited. Our attention has not been called to any opin- ion or reasoning which conflicts with the views herein ex- pressed. Kespondents refer us to Bnggs v. Tillotson, 8 Johns. 304. 330 Whalen et al. v. Habbisoi^. [Dec. T.'Ol In this case competition was complete, and the contract com- plained of was made after full competition was established, certain persons competing for bounty for the manufacture of specimens of cloth ; the court holding that, if the contract had been made before complete manufacture of the cloth which was to compete, the contract would have been void. This appears to be against respondents, and not in their favor. They also cite Whalen v. Brennan, 34 Xeb. 129, 51 X. W. 759. But in this case also the law is laid down as we have endeavored to show it to be; for while the court in that case does quote with approval words from another court, to-wit: "You are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because, if there is one thing which, more than another, public policy requires, it is that men of full age and competent understand- ing shall have the utmost liberty in contracting, and that their contracts, where entered into freely and voluntarily, shall be held sacred, and shall be enforced in courts of justice," — ^lan- guage which is broad enough, if good law, to make a contract to murder the president of our nation an enforceable agree- ment. Still the same court does, as we do, declare that "tiie rule, no doubt, is that any agreement entered into by parties for the purpose of preventing competition in the letting of public contracts is void ; and a like rule obtains where the nec- essary tendency or effect of the contract would be to stifle com- petition." This case, therefore, does not support the respond- ents' contention under the pleadings and the evidence. The third case brought to our attention by respondents as au- thority is the case of Breslin v. Brawn, 24 Ohio St. 565, 15 Am. Kep. 627. In the opinion in that case the court uses this language: "The public policy which, it is supposed, avoids this contract, is that which favors fair and honest competition at public sales, and forbids all contracts and combinations be- tween bidders which stifle competition. We unhesitatingly admit the rule to be that any agreement entered into for the purpose of preventing competition at such sales is void. 26 Mont.] Whalen et al. v. Harrison. 331 * * * So, also, any contract the effect of which, or even the necessary tendency of which, is to stifle competition. Such contracts are absolutely void as between the parties thereto, be- cause they are fraudulent as against the seller." This lan- guage used in this case cited by respondents certainly does not support their contention, but the contrary. The fourth supposed authority named by respondents is Greenhood on Public Policy, page 181. This a reference in Greenhood to the case of Breslin v. Broirn, supra, in which the court, although it laid down the law in the words we have quoted, decided the case, under the peculiar facts therein, in favor of the plaintiff, who sued on the alleged void contract; but on the next page of Mr. Greenhood's work (page 182) we find that he disapproves of the said decision as made. Thus we find no authority cited by respondents supporting their views that the contract under consideration is not void. The fact is that plaintiffs practically said to Harrison this: "We do not wish you again to put in your bid for the stone in opposition to us. If you do, we shall be forced to underbid you, if we can, as we have a quarry selected ; and then you may not sell any stone at all. If you will put in a bid, and give us a bonus of so much, — that is, the difference between $19,000 and the face of your bid, $22,248, — ^we will not bid on the stone at all, and thus you and we will prevent any advertising being done, now that the first advertising has failed; and so we will get this work ourselves in a way not known to the law. You will get your money directly from the board, and we will prevent any bid being made by others for less than $62,400." In reason and upon authority we believe such a contract to be void. We therefore are of the opinion that the court erred in de- nying the motion for a nonsuit as to the first cause of action, as the evidence shows the contract to be void for the reasons above stated. 332 State v. Stevexsox. [Dec. T.'Ol Reversed and remanded for further proceedings in accord- ance with the views herein expressed. Reversed and remanded, Mr. Chief Jistice Bkaxtly: I concur. Mb. Justice Pigott: I concur speciallv. With the hold- ing that the court below did not err in refusing a continuance, I agree. I also agree that the statement and bill of exceptions used on motion for a new trial are properly before us and must be considered on appeal from the judgment. I concur also in the holding that the credibility of the witness Whalen and the weight of his testimony were for the jury, not the court, and that the court erred in directing a verdict for the plaintiflFs. For this error the judgment must be reversed. But from the decision that the court below should have nonsuited the plain- tiffs in respect of the first cause of action, I respectfully dissent. '26 332\| 34* 4ii\| STATE, Respoxdent, v. STEVEXSOX, Appellant. (No. 1.724.) (Submitted January 20, 1002. Decided March 3, 1002.) Criminal Law — Larceny — Evidence — Corroboration of Testis mony of Accomplice — Conspiracy — Possession of Associaies — Res Gestae — Instiiuctions — Improper Remarks of Counsel — Exceptions — Review, 1. Under Penal Code, Sec. 2080, providing that a conviction cannot be Ijad on an accomplice's testimony unless- he is corroborated by other evidence which in itself tends to connect accused with the commission of the of- fense, corroborating evidence tending to establish, independently of the accomplice's statements, the commission of the offense and accused's con- nection therewith, is sufficient, though, if the accomplice's testimony were not considered, the corroborating evidence would be Insufficient to convict. 2. Where, by a prearranged plan, accused and his associates were to commit 26 Mont,] State v. Stevenson. 333 a larceny, and sell the property, possession of the property by the asso- ciates pursuant to the criminal purpose may be properly considered against accused, as any incriminating act or statement done or made by one of the parties to a criminal conspiracy during the pursuit of the common purpose is competent against the others as res gestcie. 3. On a prosecution for larceny of five horses pursuant to a prearranged plan to collect a band of horses and sell them, an instruction referring to pos- session of the stolen property generally, and not to that alleged in the information. Is not prejudicial, though erroneous, where the evidence tended to show that the whole band. Including the five horses described in the information, was stolen and went into the actual possession of accused. 4. Although an instruction in a criminal case may be bad, and even prejudicial to the appellant, nevertheless if, so far as criticised by the appellant it is not prejudicial to him, it will not work a reversal of the Judgment. 5. The prosecution's reference in argument on trial for larceny to accused's stealing other property is not reversible error where the court cautioned the Jury to be governed by the evidence, and admonished counsel to keep within the record, and accused reserved no exceptions, nor requested any instruction that the Jury disregard the remarks. Appeal from District Court, Teton County; D. F. Smith, Judge. James R* Stevenson was convicted of grand larceny, and from the judgment and an order denying him a new trial he appeals. Affirmed. Mr. J. G. Blair, for Appellant. The testimony corroborative of that of Jacobson was insuffi- cient to convict Stevenson with the commission of the offense as charged. (Sec. 2089 of the Penal Code; Wharton's Crimi- nal Evidence, 9th Edition, pages 379, 380 ; Sfaie v. Scott, 42 Pac. 1 ; Roscoe, Criminal Evidence, Vol. I, page 133 ; Staie v. Geddes, 55 Pae. 919; State v. Spotted Hawk, 55 Pac. 1026; State V. Carr, 42 Pac. 215; Staie v. Welch, 55 Pac. 927.) There was prejudicial error on the part of the court in not promptly stopping counsel and reprimanding him for his im- proper remarks. {Hudson v. State, 28 S. K 1010; State v. Wright, 42 S. W. 934, 141 Mo. 333 ; Herren v. People, 62 Pac. 833; Heller v. People, 22 Colo. 11; State v. Stubblefield, 157 Mo. 360.) Mr. Jam^s Donovan, Attorney General, for the State, 334 State v. Stevenson. [Dec T/01 MR. CHIEF JUSTICE BRANTLY deUvered the opinion of the court. The defendant was by information charged, jointly with George Jacobson and John Sullivan, with the crime of grind larceny, committed in Teton county on Noveml)er 28, 1900. The subject of the larceny is alleged to have been five horses branded J. H. L., the property of one Hill and one Messacar. The defendant demanded and was awarded a separate trial. The jury returned a verdict of guilty, whereupon the defend- ant was sentenced to imprisonment at hard labor in the state prison for the term of 14 years. From the judgment and an order denying him a new trial he has appealed. The points upon which appellant relies for a reversal of the judgment and order are that the verdict is contrary to the evi- dence, that the court misdirected the jury in matters of law, and that there were irregularities in the proceedings during the trial by which the defendant was prejudiced. 1. The principal witness for the state was George Jacob- son, one of the defendants. It is argued that the evidence is not sufficient to warrant a verdict of guilty, because that por- tion of it introduced by the state in corroboration of the testi- mony of Jacobson, an avowed accomplice, does not meet the requirements of the rule of law applicable to such cases. From a patient reading of the record many times we find that the corroborative evidence tends to establish, independently of Ja- cobson's statements, not only the commission of the larceny as charged, but also the defendant's connection therewith. It is true, as counsel contends, that, if the testimony of the accom- plice were taken out of the case altogether, and not considered, there would not be sufficient left upon which to submit the case to the jury upon the question of the defendant's* guilt ; but we do not understand that the statute (Penal Code, Sec. 2089) requires this amount of corroborative evidence. Its require- ment is fully met by evidence which in itself, and without the aid of that of the accomplice, tends to connect the defendant w4th the commission of the particular offense. (^State v. Ged- 26 Mont.] State v. Stevenson. . 335 des, 22 Mont. 68, 55 Pac. 919.) The rule contended for by counsel would prevent a conviction upon the testimony of an accomplice in any case where there was not a substantial cor- roboration of it upon every material point. Were this the rule, the testimony of the accomplice would generally be of no value, whereas it is often the case that, subject to the restriction of the statute, it is the only evidence upon which the state may rely. As was said in State v. Galder, 23 Mont 504, 59 Pac. 903, the statute does not, except by implication, require evi- dence from independent sources with respect to the corpus de- liclL But, conceding for the purposes of this case that it does, the evidence adduced by the state also meets this requirement ; for it tends strongly to show, independently of the evidence of Jacobson, that the particular larceny testified to by him was in fact committed. 2. The evidence tends to show that the larceny was commit- ted by Jacobson and Sullivan in the absence of the defendant, but in pursuit of a prearranged plan by which they were to gather a band of horses from the range in Teton county, and drive them to Galata, on the line of tha Great Northern rail- way, in Choteau county, where the defendant would meet and assist them to load the animals into cars for shipment to mar- ket, he having agreed to have cars ready for that purposa It appears that the arrangement was carried out; that Jacobson and Sullivan gathered about 175 animals, including the five described in the information ; that they drove them to Galata ; that they were there met by the defendant ; that the three loaded the horses on the cars ; and that, after signing the shipping con- tract under assumed names, all traveled with the horses to Sioux City, Iowa, where a sale was effected, and the proceeds divided. The defendant was shown to have assumed control of the ship- ping arrangements and to have directed the sale. He admitted in giving his Testimony that he assumed possession with the defendants from that point, claiming that he did so on behalf of his firm in Sioux City. Touching the possession of the stolen property as an incrimi- 336 State r. Stevenson. [Dec T.'Ol natory circumstance, the court instructed the jury as follows: *The possession of stolen property by the defendants, or either of them, if believed by you, is a circumstance proper to be considered bv vou in determininff the sruilt or innocence of the defendants, or either of them. Corroborating circumstances mav consist of anv acts, conduct, or declarations of the defend- ants, or either of them, or any other circumstances tending to .show the guilt of the accused." Counsel insists that this in- struction is erroneous, in that it authorized the iurv to con- sider the possession of the horses by either Jacobson or Sulli- van as evidence of the guilt of the defendant, whereas posses- sion by himself only should be considered. As has been said, however, there was evidence tending to show a prearranged plan by defendant and his associates to commit the larceny and to sell the fruits of it. The cause was submitted to the jury upon the theory that the defendant, if guilty at all, was guilty by reason of his having joined in this plan with a view of profiting by the sale. Upon this view of the case the possession by one of the associates of the property stolen in pursuit of the coDunon criminal purpose was the possession of them all, and, as an incriminatory fact, was properly to be considered as against the defendant. Any incriminatory act or statement done or made by one of the parties to a criminal conspiracy during the pursuit of the common purpose is competent as against any of the others as part of the res gestae. {State v. Byers, 10 Mont. 565, 41 Pac. 708 ; Wharton's Criminal Evi- dence, Sec. 69S.) Furthermore, the defendant's joint posses- sion with his codcfendants from the time he appeared at Galata stands as an admitted fact in the case. This being true, the possession of all was the possession of each of them. Upon this theory, and so far as the criticism in question is concerned, fault in the instruction was not prejudicial. It is also said that the instruction is prejudicially erroneous in that it refers to stolen property generally, and not to that alleged in the information to have been stolen by the defendant. As we understand the purport of this criticism, it is to the effect 26 Mont] State v. Stevenson. ' 337 that the court rhould have told the jury that possession by the defendant of the pr9perty alleged to have been stolen by him^ if shown, was a fact to be considered by them in the light o£ the other evidence in arriving at their verdict. As an abstract proix>sition, the criticism is well made. Generally speaking, the jK)ssession of stolen property other than that involved in the case would be no evidence of guilt of the larceny charged. Under the facts of tliis case, however, no injury could have resulted from the language as used by the court. In other instructions it was fairly submitted to the jury whether the particular animals described in the information were stolen as cliarged. The evidence which tended to show that they were stolen also tended to the same extent to show that all the rest of the band was stolen. The same evidence tended to show that the whole band, including the five described in the infor- mation, went into the actual possession of the defendant. If there was any larceny at all, there was a larceny of the whole band, and it was impossible to prove the larceny of the five without proving the larceny of the rest. The possession of the Avhole band, so far as it was an accusatory fact in the case, w^as competent to establish the larceny of the five particular animals described in the charge. The jury could not have found upon the evidence that the defendant and his associates came honestly by the five, but that the rest of the band w^ere stolen. There was no evidence in the case that they, or any one of them, had in their possession any other property than that involved in the larceny of the whole band. The jury could not, therefore, have lieen misled as to the application which they should make of the language used by the court. For other reasons, Avhich are apparent, the instruction is, to say the least, not a model. We do not approve it. It may have been prejudicial ; but, so far as it is criticised bv counsel, we do not think the defendant was j)rejudiced by It. - 3. During ihe argument of counsel to the jury one of coun- sel for the prosecution made use of the following language: ''I shall show you (meaning the jury) before I leave Choteau Vol. XXVl-22 S3b State v. Stevenson. [Dec T/01 (the place of irial) that this defendant, Stevenson, has not only stolen and shipped from Teton county 175 head of horses, but that he has stolen and shipped from this county many times that many horses." Counsel for the defendant objected to the use of this language, and called the attention of the court to it. Thereupon the court cautioned the jury to be governed, in arriv- ing at their verdict, by the evidence and the law only, and not by remarks of counsel, and admonished counsel to keep within the record. It is said bv counsel for the defendant that, con- ceding the judgment of conviction to be warranted in other respects, it should be reversed on account of this misbehavior of counsel for the state. We have set forth all tliat occurred at the time* It will be observed that the court, while not re- proving counsel as much as he undoubtedly deserved for over- stepping the l)ounds of propriety in using the language com- plained of, did stop him from further statements of the same character, and cautioned the jury to be governed in arriving at their verdict by the evidence and the law only, and not by the remarks of counsel. It appears that for the time being counsel for the defendant were satisfied with the action of the court. At any rate, no exception was taken, nor do we find in the instructions any request by counsel for a formal instruc- tion to the jury to disregard the remarks counsel made during the argument. The court therefore neitlier failed nor refused to do its duty in the premises, and counsel are in no position at this time, upon the record before us, to say that the court ])erinitted any prejudicial error to come into the case during the progress of the trial. It is only where the court has failed to do its duty in such cases, and such failure is made to appear in tlie record bv proi>er bill of exceptions, that this court may interfere. It Is only the action of the trial court that this court may review, and nnt the action of the prosecuting attor- ney. So, if it does not appear that the trial court has Ijeen guilty of any neglect of duty in the premises, there is nothing before this court for review. (State v. Biggerstaff, 17 Mont. 510, 43 Pac. 709; >S7aif^ v. Cadottc, 17 Mont. 315, 42 Pac 26 Mont] State v. Townek. 339 So7;- State v. Gay, 18 Mont. 51, 44 Pac. 411; State v. Bloor, 20 Mont. 574, 52 Pac. 611 ; State v. Ilurst, 23 Mont. 484, 59 Pac. 911.) The judgment and order appealed from are affirmed. Affirmed. Eehearing denied March 31, 1902. STATE, Eespondent, v. TOWXER, Appellant. (No. 1.728.) (Submitted January 20, 1002. Decided March 3, 1002.) Criminal Law — Gambling — Sentence — Parjment of Fine — Im- prisonment on Default — General Act — Special Statute — Re- peal— Effect — Construction of Statutes. 1. Penal Code 1805, Sec. 2224, which permitted the court In every case where a defendant, on a conviction of crime, was adjudged to pay a fine, to also imprison him until both fine and costs were satisfied, not exceeding one day for every $2 of the fine and costs, was not in any manner repealed by Laws 1807, p. 81, providing for the imprisonment of one convicted of gambling until the fine and costs were paid, not exceeding five years in the state penitentiary, for the latter act did nothing more than exempt Judg- ments on convictions of gambling from the operation of the general law ; and hence, after its repeal, a person convicted of gambling was properly sentenced under the general law. 2. Penal Code 1805, Sec. 2224, permitted the court in every case where a defendant, on conviction of crime, was adjudged to pay a fine, to also im- prison him "until the fine and costs were satisfied," not exceeding one day for every $2 of the fine and costs. Laws 1001, p. 167, Sec. -, provided for the punishment, on conviction of gambling, by a fine and "imprisonment until the fine and costs were paid." Heldj that the word "paid" in the latter act was synonymous with the word "satisfied" as used in the general act, and hence a perso^ convicted of gambling could be imprisoned not tJD exceed one day for every $2 of the fine and costs. 3. A person cannot complain that he has been committed for a shorter time than the maximum autliorized by law in default of the payment of the fine and costs assessed against him on conviction of a crime. Appeal from, District Court, Silver Bow County; J. B. Mc- Cleiman, Judge. 340 State v. Towner. [Dec. T.'Ol T. O. Towis^ER was convicted of gambling, and appeals. Af- firmed. Mr. C. M, Parr, Mr, Robert B. Smith, Mr. G. M. Sinclair, and Mr. W. II. Levy, for Appellant. The title of the act of 1897 declares its enactment to be for the purpose of lepealing "all laws in conflict with this act." Section 2224 being a law, and in conflict with the act, is by the title and Section 11 of the act repealed ; and thereupon ceased to exist so far as the law of gambling is concerned. Section 2224 was also repealed, regardless of the question of whether there was a conflict or not, by the fact that the act of 1897 was a general revisory act, which covered the whole subject, crimes, I)enalties and all, of gambling. The rule of construction is that, where a later ^ct of the legislature covers the entire ground of the subject matter of former laws, as the acts of 1897 and 1901 do, penalties and all ; and where they were evidently intended as a substitute for the former law, the same will be repealed though there may be no express words to that effect. (Inman V. State, 47 S. W. Eep. 558 ; Ptdashi v. Downer, 10 Ark. 589 ; Blackwell v. State, 47 Ark. 488 ; In re Fordpn, 57 Pac. Eep. 376 ; Little v. Coggswelly 20 Ore. 325 ; Ins. Co. v. Riggon, 48 Pac. Kep. 476.) "When it is apparent that a later statute is revisory of the entire matter of an earlier one, and is designed as a substitute therefor, the later substitute will prevail and the earlier one will be held to have been superseded ; though there may be no inconsistencies or repugnancies between them." (MorCk v. Jas- tro et al., 58 Pac. Rep. 372.) In this case the court said: "We are of the opinion that it was the intention of the legislature to make a new law, so that the present law differed from the for- mer, and that the new law, embracing all that was intended to be preserved, of the old, omitted what was not so intended, be- cause complete in itself, and repealed all other laws on the sub- ject embraced within it. The authorities on this subject are 26 Mont] State v. Towner. 341 clear and uniform." {Murdoch v. City of Memphis, 20 Wall. 590; Pierpont v. Crouch, 10 Cal. 315; City and County of Sacramenio v. Bird, 15 Cal. 295 ; State v. Conklirig, 19 Cal. 501 ; Charnocl' v. Rose, 70 Cal. 189 ; Black Inter. Laws, page 116; Sedg. St. and Const. Law, page 124; Fisk v. Hejuirie, 142 U. S. 459; Kifig v. Cor)iell lOG U. S. 395; DisL of Col V. Hidton, 143 U. S. 18.) "It is not so niiicli a repeal by implication as it is that the legislature liaving made a now and complete expression of its will upon the subject, this last expression must prevail, and whatever is ex- cluded therefrom must be ignored." (Idem; Benncrs v. State, 26 So. Rep. 942; Mercer v. State, 60 Pac. Eep. 348.) "An act which repeals by direct reference nearly all the laws on the subject, and then adds a general clause, %gether with all acts and parts of acts inconsistent herewith,' and which embraces the entire subject matter of certain prior acts not referred to directly, making changes on the point in que&tion, and adding other provisions, operates as a repeal of such prior acts.'' (JJ. S. v. Cheeseman-, 3 Sawyer (IT. S.), 424; People v. Tinsdale, 57 Cal. 104; State v. V^'hiiworih, 8 Port. (Ala.) 434; 23 Enc. Law, 497, and cases cited.) "The act prohibiting gambling covers the whole ground of the previous statute and includes every offense (and penalty) connected with the subject matter; and as it provides a different and in some respects a milder punishment for these offenses than the previous statutes, it re- peals them as far as the same offenses are intended to be pun- ished by it." {State v. Whitworth, 8 Port. (Ala.), 434; Comm. V. Davis, 11 Gray (Mass.), 48.) "A later statute, the evident intention of which is to furnish the exclusive rule governing a certain case, repeals by implication an earlier law on the same subject." (23 Enc. Law, 484; People v. Lytle, 1 Idaho, 143; Druggist Cases, 85 Tenn. 449.) "The general rule that where a statute, not merely cumulative of common law, or of previous statutes, and not made to cure deficiencies therof, is designed to create a new and independent system, and to dispose of the 342 State v. Townee. [Dec. T/01 wliolo subject of legislation, it is the only law upon the subject, and, without express repealing clause, displaces the old rules and statutes." {Baker v. Bell, 46 Ala. 221 ; Towle v. Marrett, 14 Am. Dec. 20C; 23 Enc. Law, 487, and cases cited.) "Two different punislmienrs for precisely the same offense, with no variation in its elements, and no modifying discretion in the court cannot, in the nature of things, subsist together ^ * * and a milder new punishment repeals a severer old." (Bish. Stat. Crimes, Sec. 1G8.) '^Though a subsequent act be not re- pugnant to a prior one relating to the same subject, if it was clearly intended to prescribe the only rule in relation to the subject it repeals the earlier law." {Anderson v. City of Cam- den, 33 Atl. Rep. (X. J.) 84:6; People v. Medill, 3G K Y. S. 534.) "A general revision of an act repeals by implication all former acts on the same subject, whether repugnant thereto or not." {JernUjan v. Holden, IG So. Rep. 41; Buchanan, v. Comm., 25 S. W. Rep. 2G5; Mersereau v. Mersereav., 26 Atl. Rep. (N. J.) GS2.) ^Tho reix^al of a statute which was a re- vision of, and a substitute for, a former act to the same effect which was therefore rej^ealed, cannot bo deemed to revive the previous act, for this would be plainly contrary to the intention of the legislature.'' (Suth. Stat. Const. Sec. 168; Butler v. Russell, 3 Cliff. 251; Moody v. Seaman, 46 Mich. 74; Goodno V. Oshkosh, 31 Wis. 127; People v. Supervisors, 67 X. Y. 100; Harris v. Supervisors, 33 Ilun. 279 ; Milne v. Ruber, 3 Mc- Lean, 212; State v. Ilaughtcr, 70 Mo. 484; State \\ Conkling, 19 Cal. 501; People v. Tyler, 36 Cal. 522.) We contend that the action of the court in calling to its aid Section 2224 of the Penal Code designating the manner in which and the time of imprisonment was wholly unauthorized, l>ecause, so far as the act of 1901 is concerned, and the legisla- tion respecting gambling. Section 2224 of the Penal Code has l)een repealed, not only by necessary implication, but by the exact and expressed provisions of the act of 1897. But the method of enforcing the payment or settlement of a fine under 26 Mont] State v. Towner. 343 Section 2224 of the Penal Code is so directly and emphatically in conflict with the method of enforcing payment prescribed in the act of 1901 that Section 2224 would necessarily be repealed by implication, if it had not already been repealed by the 1897 law, and was not expressly repealed in the 1901 act. Upon this question we desire to submit to the court a few authorities which we believe to be absolutely conclusive of this question : Bright- man V. Kinier, 22 Wis. 55 ; Somei's v. Common.ivealtli, 33 S. E. o81 ; Dickinson v. State, 41 S. W. 750; Rogers v. ^Yatro'US, 8 Tex. ()2; Cain v. State, 20 Tex. 355; Tunstall v. ^Vormley, 54 Tex. 47G; Stirman v. State, 21 Tex. 734; Dillo7i v. Blcknell, 4:7 Pac. 937; Sedgwick on Statutory Law; Commonwealth v. KeUiher, 12 Allen, 481 ; United States v. Reese, 92 U. S. 214; Barnet v. Muncie Nai'l Bank, 98 U. S. 558 ; Sutherland on Statutory Construction, Sees. 137, 139 ; Sacramento v. Bird, 15 Cal. 295-6; Sedgwick on Statutory Construction, page 100 and note; Sedgwick on Statutory Construction, pages 104-5; United States v. Barr, 24 Federal Cases, 14527; Ogden v. Witherspoon, 18 Fed. Cases, 10461.) "Penal statutes are to be strictly construed. That is, con- strued strictly in those parts 'which are against the defendant, but liberally construed in those parts which are in his favor, that is for his ease and exemption. Xo person is to be made subject to such statutes by implication ; and where doubts arise concerning their interpretation such doubts are to weigli only in favor of the accused." (ILMurii v. St. Paul Ry. Co,, 23 IMont. 241 ; State v. Bryant, 90 Mo. 534, and 2 S. W. R. 836; Bish. Stat. Crimes (2d Ed.), Sees. 193, 194 and 227; Terr. V. Hopkins, 59 Pac. Rep. 976 ; Enc. Law (2d Ed.), V. 23, page 298, and cases cited; Newell U. Mill Co, v. Muxlow, 115 N. T. 170.) We confess that an extended reseach has failed to find any authorities bearing directly on this question. Our Penal Code, including Section 2224, we take from that of the state of Cali- fornia. There is a line of decisions of the supreme court of the state beginning with Ex parte Harrison, 63 Cal. 299 ; and end- 344 State v. Towner. [Dec. T.'Ol iiig with Ex parte Sing Ah Ton/f, 24 Pac. Rep. 181, construing a ;^ection similar to our Section 2224 in relation to other sec- tions of the same Code. But never, to our knowledge, have the California courts been called upon to construe such a section of the code as to its bearing on the provisions of another and later system of law. On December 3, 1890, the supreme court of the state of Washington decided the case of Foster v. State, 25 Pac. Rep. 459. In that case the court was called upon to construe somewhat similar sections of the Penal Code. (Code of Washington of 1883.) Mr. James Donovan, Attorney General, for the State. ilR. JUSTK^E illLBURX delivered the opinion of the court. Defendant was convicted of a violation of Section 2 of the Act of the legislature approved March 15, 1901, respecting gambling (Laws of 1901, page 1G6). lie was sentenced to pay a fine of $100, and to be imprisoned in the county jail until the fine was paid, the imprisonment not to exceed one day for every $2 of said fine. He appeals from the judgment. He assigns as error that the court erred in entering judg- ment. He inquires: ^'Did the trial court err in sentencing the defendant to imprisonment at the rate of two dollars per day ?" Having argued that this question, which is quoted, must be an- swcrod in the affirmative, appellant concludes that the judgment is absolutelv void. The validitv of the statute is thus attacked, but whether in whole or in part there is no sj)ecification to indicate. In the argument, however, we find this language: '^Therefore we con- tend that the judgment of the court pronounced in this cause is absolutely void, and that, so far as the provisions of this Act referring [to] the metliod of enforcing the payment of the fines ])roscribed is concerned, tlie act is unconstitutional and void in that respect." The argument, extending over all of the 37 pages 2GMon\.] State t'. Towner. 345 of the brief, excepting two pages of statementj is devoted to an attempt to show that the passage of Section 1 of the Act of 1897, as to gambling (Laws of 1897, page 81), providing that one lined for a violation of the section "must be imprisoned until such fine and costs are paid, such imprisonment not to exceed five years in the state penitentiary," had the effect of repealing, so far as gambling is concerned. Section 2224 of the Penal Code of 1895 ; and that the repealing of the Act of 1897 did not re- enact said Section 2224 ; and, f uither, that the present Act of 1901, so far as it provides that ^every person convicted of a violation of Section 2 of this Act must be imprisoned until such fine* and costs are paid,'' is unconstitutional and void, said term of imprisonment being perpetual in the case of those unable to pay. Section 2224 of the Penal Code of 1895 is as follows: ^'A judgment that the defendant pay a fine and costs may also direct that he l>e imprisoned until both fine and costs are satis- fied, specifying the extent of the imprisonment, which must not exceed one dav for everv two dollars of the fine and costs." We do not believe that the enactment of the statute of 1897, suyra, providing in Section 1 that the defendant, if convicted, should be imprisoned until the fine and costs are paid, such im- prisonment not to exceed five years in the state penitentiary, repealed Section 2224 in any wise. It is better to say that, if it affected Section 2224 at all, it excepted the judgment under sai<l section of llic gambling law from its operation. If tlie Act of 1897 excepted gambling cases as a class from the operation of said Section 2224, we are of the opinion that after the re])eal of the statute of 1897, making the exception, the gen- eral statute, which was in force all the time, would then bo ap- plicable to all cases according to its terms, as is held in Smith v. Iloyi, 14 Wif5. 252, and Goodno v. City of Oshkosh, 31 Wis. 131. The repealing of the exception would leave no exception. The section (2224) permits the court, after adjudging a de- fendant to pay a fine, to direct that he be imprisoned until both fine and costs ore satisfied, specifying the extent of the impris- •j^i State r. Tow^'ER. [Dec. T/01 niii'^-iit, v.hir-li iiiii-t n<'t cxr^cird one dav for everv ^2 of the fine illi'l costs. l'l'»n the qiit:-ti'«n \vh<ht.T said section now applies to the II i« de iff Mifor^iiiiT tlie en]], cti^n of the fine and co?ts nnder the I»rr-riit hiw ajH'tllant <ay> that u{h.ii an extended ^e^:ea^ch he ha> faih d to find anv auth'.rities directlv ii])on the matter. Ihf the wr,r I> '\-ari>fied" i Section 2224, Penal Code) and "juiid' (Sc-cliiiii 2, Act <»f llMjl ) mean the same things If tli(<e \vord< Wire imt inT<iide<l hv the leiri?latnre to mean the ^anie in the matter of the penalty for the said oflFense, then Sec- tion 2224- wrnid not aj^ply, l>eeause the fine and costs would have to he paid in money, and not sati>fied hy lapse of time. If, h< wever, tlie word i»ay" means "satisfied," as appears to he its meaninir (Wel)ster's International Dictionaiv; Centurv Dictionary), then there is no conflict hetwt^n said Section 2224 and tliat part of the law of 1901 referred to. If the fine and ctsts must he paid in money l^efore the release of the prisoner, tlien the penalty, in the case of one nnable to thus pay, means inipris^mnu^nt for life, unless the executive interfere to pardon tlie delinquent (»ffender. But if the law, so far as the mode of c(dlK»tion of the jK^nalty is c<»ncerned, is imconstitntional and void, then wonhl not the Section 2224 apply ? But we do not think it nccessarv to decide whether the law is thus unconstitu- tional. If it l)e so, then it would l)e, in respect of the mode of collection, as if it had never been enacteil, and Section 2224 would fix the manner of enforcing satisfaction of the judgment. If it l)e valid, and the words "satisfied" and "paid'' were in- tended to be and are synonymous in this behalf, then that part of the section of the law of 1901 i)roviding that the defendant shall be imprisoned until the fine and costs be paid is unneces- sarily inserted in the Act, as it mean simply imprisonment until satisfaction of the judgment is made according to law, the law being said Section 2224, and Sections 2225, 2226, 2227, 222^, 2241 and 2242 of the Penal Code. We are of the opinion that the word "satisfied" in Section 26 Mont.] State v. Towner. 347 2224 of the Penal Code of 1805 and the word "paid" in the said section of :he Act of 1901 mean the same thing; that the said section of the Penal Code applies to the enforcing of the penalty under Section 2 of the said Act of 1901 ; and that the judgment complained of is not invalid, and must be affirmed. In the oral argument some point was made upon the fact that there is no mention in the judgment of the matter of costs. The defendant cannot complain that the judgment ordered him com- mitted for a less time than mifi^ht have been ordered in default of the payment of costs. Affirmed. CASES DETERMINED SUPREME COURT MARCH TERM, 1902. present: The Hon. Theo. Bkantlt, Chief Justice. The Hon. William T. Pigott, George R. Milbubn', Associate Justices. TE, Respoxdent, v. WOODMAN, Appellant. {Ko. 1,742.) Submitted January 21, 1902. Decided March 10, 190Z.) —Nicl-el in the Slot Machines — DisU-ibuiion of Ci- Canslihdional Law—Class Legislation — Statutory ciion, g that I.nvK fl 1001, p. IflO, Ste. 2, pan[ih«8 proprietors of game V, wh[\|'; iiairnoii of llie gain« enjay Immutilty. It la noV unconatl- as rleae lpi;lB]atloiii no pireptloa being made of the pereoDS who I In ItB rp'rnlloL. 26 Mont.] State v. Woodman. 349 2. Laws of 1901, p. 166, Sec. 2, prohibits the conduct of games of chance, and, among others, that of running a nickel in the slot machine, "for money, checks, credits, or any representative of value, or for any property or thing whatever." Held, thai a nickel in the slot machine, involving in its oper- ation the element of chance as to whether the player obtained in cigars more or less than the value of his money, was prohibited thereby. 3. The mle of construction that, where general words follow particular ones, they must be construed as applicable to things of the same class, is a rule to be used as an aid in ascertaining the legislative Intent, and not for the purpose of controlling the Intention of a statute or of confining Its oper. atlon to narrower limits than the legislature Intended. Appeal from District Court, Leiuis and Clarice County; Henry C. Smith, Judge. Elmer E. Woodman was convicted of running a nickel in the slot machine in violation of the law, and he appeals. Af- firmed. Messrs. Nolan & Loeh, for Appellant. The law under consideration is unconstitutional, for the rea- son that it is class legislation. {In re Lang ford, 57 Fed. 574.) Assuming, however, that the constitutional objection urged is not well taken, we insist that under well settled rules of statu- tory construction, the use of the nickel in the slot machines for the distribution of merchandise or cigars is not prohibited by the law under consideration. It seems to us that the doctrine of ejusdem generis, universally recognized, would exclude from the operation of this law the use of the nickel in the slot ma- chines for the distribution of cigars. (People v. New York, 84 X. Y. 565; People v. Richards, 108 K Y. 137; State v. Gilmore, 11 S. W. Rep. 620 ; Com. v. Kemmerer, 13 S. W. Eep. 108 ; State v. Black, 75 Wis. 492 ; Alabama v. Montague, 117 U. S. 609 ; Shirk v. People, 121 111. 65 ; Rennick v. Boyd, 99 Penn. St. 555; McDade v. People, 29 Mich. 44; Mclntyre v. Ingraham, 35 Miss. 53 ; City of Lynchhurg v. Norfolk, etc., 56 A. M. Rep. 592, 80 Va. 237; State v. McGarry, 21 Wis. 503; American, etc. Co. v. Moore et al.y 5 Mich. 368 ; White v. July, etc., 34 Ga. 199 ; Com. v. Dejardin, 126 Mass. 47 ; City of St. 350 State v. Woodman. [Mar.T/02 Louis V. Laughlin, 49 Mo. 559; Power v. Commissioners, 7 Mont. 86.) A penal statute must be strictly construed, and no considera- tion of public policy will allow a court to construe a statute to embrace an offense not clearly within its terms. {Ming v. Truett, 1 Mont. 326; State v. Ha/ys, 13 Mont. 119.) M7\ James' Donovan, Attorney General, for the State. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. The defendant was charged by information with a violation of the Act of the Seventh* I>egislative Assembly (Laws 1901, p. 16G), by willfully and unlawfully running and conducting, and permitting to be run and conducted, a certain nickel in the slot machine for cigars, in his cigar store in the city of Helena. A general demurrer was interposed to the information, and over- ruled. Thereupon the defendant entered his plea of not guilty. A trial was had, which resulted in a verdict of conviction. A motion in arrest of judgment w^as overruled, and the defendant was sentenced to pay a fine. The facts submitted to the jury were embodied in an agreed statement, signed by counsel, and are as follows: "On the 23d day of September, 1901, Elmer E. Woodman was running a cigar store in the city of Helena, Lewis and Clarke county, Montana. On said day he had on his counter what is known as a ^nickel in the slot machine.' This machine is a contrivance which has a pack of cards on rollers, exhibiting five cards at a time, and with an aperture for the deposit of a nickel. When tliQ nickel is deposited a spring is pressed, which sets the roller revolving, and when the revolu- tion ceases five ( ards are brought into view out of the fifty-two cards in the pack. Under rules wliic}i govern the machine, if in those five cai-ds thus appearing a pair of kings appears, the player gets one cigar; if a pair of aces, two cigars are paid; if two pairs are shown in the five cards, the player gets two cigars; if three of a kind are shown, the player gets three 26 Mont.] State v. Woodman. 351 cigars ; if a straight (that is, five cards of consecutive numbers) or a flush (that is, five cards of the same suit) is shown, the player gets five cigars ; if a full hand (that is, three of one kind and a pair) is shown, the player gets ten cigars; and if a straight flush (that is, five cards of consecutive numbers of the same suit) is shown, the player gets twenty-five cigars ; and if a royal flush (that is, an ace, king, queen, jack, and ten spot of the 5ame suit) is shown, the player gets one hundred cigars for five cents. If of the five cards then exhibited in the manner alx)ve set forth none of the above combinations appear, the player gets nothing ; but the player takes the chance of getting for five cents one cigar, or for five cents he may get two cigars, or for five cents he may get three cigars, or for five cents he may get five cigars, or for five cents he may get ten, cigars, or for five cents he may get twenty-five cigars, or for five cents he may get one hundred cigars, or for five cents he may get nothing. The cigars distributed sell for and are worth twelve and one-half cents each. On the 23d day of September, 1901, Knute Opheim went into the store of Elmer E. Woodman, and commenced playing the nickel in the slot machine above described. On this occa- sion he played ten nickels. For some of said nickels he received nothing whatever. With some of the nickels the cards appear- ing were in such combinations that he got nothing whatever, and in one instance the combination of the cards was such that for the nickel he got two cigars. On the same day August Fack put one nickel into the slot machine and got nothing whatever, and he put in a second nickel and two pairs of cards were ex- hibited, and ho got two cigars. On the third nickel placed in said slot machine he got nothing whatever. On the fourth nickel he got -nothing whatever. On the fifth nickel so placed in said slot machine he got three cards of the same kind, and received three cigars, making a total of five cigars that he got for tlie five nickels that he deposited. Ed. S. Walker deposited several nickels in said machine on the above-named date, and received nothing whatever for tlie same. Others on the same 352 State v. Wood3ian. [Mar.T.'02 occasion deposite<l nickels in the said machine, pressed the lever, the cards revolved, but they received nothing whatever for the money so deposited. Others deposited nickels in the said machine, and the cards so appeared that they received cigars greater in value than the nickels so deposited. Xo checks of anv kind were used or issued bv tlie defendant Elmer E. Woodman while said machine was being playeil. This machine was placed, operated and conducted in the city of Helena, I^wis and Clarke county, state of Montana. At the time of the pass- age of the law under which tliis prosecution is brought, there were in use and operation in the city of Helena and elsewhere in Montana nickel in the slot machines of different kinds, in the operation of which the player was paid in money instead of cigars; that is, money exclusively." The defendant has appealed from the judgment, and, not challenging the sufficiency of the information in other respects, presents for determination two questions raised by his demur- rer and motion in arrest of the judgment upon the validity and construction of that section of the statute under which the con- viction was had. These questions are: (1) Is section 2 of the Act unconstitutional because it is class legislation? And, (2) admitting the constitutionality of tliis section, does the use of a nickel in the slot machine for the distribution of cigars, as shown by the facts in this case, fairly fall within its terms ? 1. The Act is entitled "An Act to prohibit gambling within the state of Montana, to provide penalties for violations of this act," etc. The parts of it pertinent here are the following: "Section 1. Every person who deals plays, carries on, opens or causes to be openeil, or who conducts or causes to be con- ducted, either as owner or employee, any game of monte, lans- qucntet [lansquenet], rouge et noir, dondo, tan, fan-tan, per- centage, stud horse poker, craj^s, seven and a half, twenty-one, or any banking or percentage game, or any game commonly known as a sure thing game, for money, checks, credits, or any representative of value, or for any property or thing whatever, any peeposcope or nickel-in-the-slot machine, exposing to view 26 Mont.] State v. Woodman. 358 lewd, indecent or obBcene pictures, is punishable by a fine of not less than five hundred dollars nor more than one thousand dollars, and every person convicted of a violation of this sec- tion must be imprisoned until such fine and costs are paid. "Sec* 2.* Every person who carries on, opens or causes to be opened or w^ho conducts or causes to be conducted, any game of faro, roulette, draw poker, stud horse poker, or what is com- monly called round-the^table poker, or solo, or any game of chance played with cards, dice or any device whatever, or who runs or conducts any nickel-in-the-slot machine or other similar machine or permits the same to be run or conducted, other than the games commonly known as sure-thing gamee, for money, cheeks, credits, or any representative of value, or for any prop- erty or thing .vhatever, and any person owning or in charge of any saloon, beer hall, bar room, cigar store or other place of business or any place where drinks are sold or served, who permits any of the games mentioned in this section to be played in or about such saloon, beer hall, bar Toom, cigar store or other place of business, or place where drinks are sold or served, is punishable by a fine of not less than $100.00 nor more than $1,000.00 ; and every person convicted of a violation of Section 2 of ihis Act must be imprisoned until such fine and costs are paid.'^ From an inspection of these provisions it is apparent that the purpose of the legislature in enacting the first section was to prohibit entirely the games of chance enumerated therein, as well as all similar ones, and to declare guilty of a misde- meanor all persons engaging in them, including the proprietors as well as those playing on the outsida All of these games, besides involving the vice of gambling, also afford to the pro- prietor or dealer an undue advantage over one playing on the outside, enabling him, at will, by fraudulent dealing or the use of unfair devices, to ffeece the unwary. No fault is found with this section, except that it is suggested that the mention of peeposcopes or nickel in the slot machines exposing to view lewd pictures, etc., extends it to a subject not mentioned in the Vol. xxvi-28 354 State v. Woodman. " [Mar.T.'02 title, and that it is therefore void to the extent of the provision on this subject Upon this point we express no opinion, as no "question concerning it arises here. Counsel calls attention -to the fact that this section denounces as misdemeanauts botli the proprietor of the games and those >vho play at them as patrons, and says that in this respect it makes no discrimination as between persons who engage in the prohibited gam«,^, whereas the second section punishes the pro- prietor only, and grants immunity to the patrons; thus making an unjust discrimination between persons who are under like circumstances with reference to the subject of the legislation. In other words, the argument is that, because the second sec- tion does not make special mention of the patrons of the games enumerated therein, it affords them immunity, and therefore in this respect contravenes constitutional provisions prohibiting sjiecial legislation. There is, perhaps, ground for argument that, though the section does not in terms include the patrons, they might still be held guilty of aiding in the commission of the act declared a misdemeanor, and punished under Sections 19 and 1225 of the Penal Code. These latter provide for the conviction and punishment of misdemeanants, and their aiders and abettors, in cases to which no special provision of law is applicable. But disregarding this suggestion, and reserving any opinion thereon, we do not think the objection to the second section on the ground uiged is maintainable. Conceding that the patrons of the games enumerated in this section enjoy im- munity, the provision is not obnoxious to any provision of our constitution. The intention of the legislature, as expressed in this section, was clearly to prohibit proprietory games; that is, to prohibit the opening and running of gambling houses, as well as pro- prietory games in beer halls, bar rooms, cigar stores, or other places Qf businr^s, or places where drinks are served or sold, for the purpose of gain, either by means of the games them- selves or from extra custom attracted by them. The design was to prohibit tlie resorts to which those individuals minded to 26 Mont] State v. Woodman. 855 engage in gaming are attracted by means of the associations and facilities afforded. It makes no exception of the class of per- sons who fall within the scope of its operation, but' applies to all Avho are brought within the relations and circumstances provided for by it. Such statutory enactments are not special, within the meaning of the clause of the constitution prohibiting special legislation. (State ex rel. Lloyd v. Rotwitt, 15 Mont 38, 37 Pac. 845.) Very many laws do not operate alike upon all citizens of the state. They are nevertheless general in their application, because they include all citizens who are in a like situation. For example, the Penal Code (Section V49) de- nounces as a felony the engaging in, promoting, encouraging, or . instigating a prize fight It also pTOvides (Section 750) that one \vho is willfully present as a spectator at such a fight shall be deemed guilty of a misdemeanor only. The validity of this legislation has never been questioned, yet it clearly dis- criminates between the classes of citizens connected with the same violation of the law. But he who engages in or promotes the crime actively is properly held to be worthy of a more severe punishment, because he has enticed others to lend their pres- ence and encouragement to his criminal enterprise. It is the duty of the legislature to recognize the different relations the citizens bear to the subject-matter of the particular legislation, and to shape it so as to make it uniform as to all persons in the bame class. Having done this, it is free to make such discrimination as it deems proper between the different classes, so long as it violates no express or necessarily implied constitutional prohibition. In this instance, as in many others which might be cited as examples, it has done this, and no just complaint can be made of its action on the ground that it has discriminated in favor of a particular class of citizens. 2. The prohibition in the statute is against the conducting, directly or indirectly, any of the enumerated games "for money, checks, credits, or any representative of value, or for any prop- erty or thing whatever." Counsel invoke the rule of construc- tion that, where general words follow particular ones, they 356 State v. Woodman. [Mar.T.'02 must be construed as applieable to things of the same class, and contend that inasmuch as the general expression, ^^any property or thing whatever," follows the particular words, "monqr, checks, credits," etc., it must be held to include only things ejusdem generis with those specifically named. It follows from an application of this rule, they say, that the general expression does not suggest any special legislative intent, and therrfore that nickel in the slot machines for the distribution of cigars or other merchandise do not fall within the prohibition. As to the character of the machines, the use of which is prohibited,, it is clear from the context that the legislature had in mind those similar to the one shown by the evidence to have been in use by the defendant, the operation of which involves the ele- ment of chance. It is not possible that it was purposed to pre- vent the use of automatic machines to sell gum, salted peanuts,, and other such articles, which always deliver the same amount when the specified price is deposited. Assuming, thereforey that the statute has no application to machines of the latter class, which is the rule of construction applicable to the ex- pression, "any property or thing whatever" ? In the connection in which it is found, does it include cigars and other articles of merchandise ? We think it does. The rule invoked by coun- sel is well established. (Sutherland, St Const. Sec. 268 et seq.) It is, however, but a rule of construction to be used as ^n aid in ascertaining the legislative intent, and not for the purpose of controlling the intention of a statute or of confining its operation to narrower limits than the legislature intended. (Id. Sec. 279.) It must be used in connection with other rules of equal importance, such as that the meaning of a statute is to be gathered from the languge employed in it, and that every word of it must be taken in its ordinary signification, unless it was clearly the intention of the legislature, as gathered from the context, to restrict its meaning. (Id. Sec 279; Blacky Interp. Law, Sec. 63 ; State ex rel. KrUghi v. Cwe, 20 Mont. 468, 62 Pac. 200.) In our opinion, the expression involved here does not call for an application of the rule. It must sig- 26 Mont] State v. Woodmax. 357 nify something beyond the specific articles enumerated, or else it must be rejected entirely, as having no import whatever. The enumeration includes every species of property of the classes to which the particulars belong. "Money'^ includes all money; "checks" includes all kinds of articles embraced under that designation ; "credits" is a term of universal application to obligations due and to become due ; and when we consider the expression, "any representative of value," there is nothing left of any of the classes of property enumerated; and unless the words, "any property or thing whatever," were designed to in- clude merchandise, such as cigars and similar articles, then, as we have said, it must be rejected entirely as of no import what- ever. This may not be done. (State ex rel. Knight v. Ciwe, supra.) The evidence submitted shows clearly that the defendant was conducting, by the use of his machine, a species of gambling game which it is the intention of the statute to prohibit Each person who played with it deposited his money in it upon the chance of obtaining more than he had staked, and he was in fact paid more than the amount of his deposit^ or nothing, ac- cording to the value of the hand of cards automatically dealt to him. That he waa paid in merchandise instead of money does not alter the result The conviction was proper, and the judgment must be affirmed. Affirmed. 1» &58 as 602 2H" a'ls; «27 M 27 244 36 868 28 86 e2R 87 358 Ix RE Reilly's Estate. [Mar.T/02 In re REILLY'S ESTATE. MADIGAX, Appellant, t\ HARRIXOTOX et al.. Respondents. (No. 1,521.) On Motion to Dismiss Appeals. (Submitted March 5, 1902. Decided March 10, 1902.) Appeal — Inline — Xew Trial — Notice of Intention — Affirmance or Di.wii^sal — Procedure. 1. I'nder Code of Civil Procedure. Sees. 1722, 1723, aa amended bj Laws 1899, p. 146, providing- that an appeal may be talcen from a Jadgment or order concerning the validity of a will within (M> days after it is made or entered or filed with the clerk, an appeal talcen January 5th, 1900, from a Judgment refusing revocation of the probate of a will entered on April 8th, 1899. will be dismissed. 2. Since the notice of intention to move for a new trial is not one of the papers required to be sent up by copy by Code of Civil Procedure, Sees. 1176, 1738, but should be embraced in the statement or bill of exceptions* which are of the required papers, where it is not so embraced, though all the papers required by statute are before the court, the dismissal of the appeal is not the proper remedy, but the order denying the motion for a new trial will be afiirmed. Appeal from District Courtj Silver Bow County; John Lind- say, Judge. Proceedings by ^Mary Madigan against P. S. Harrington, executor of James M. Reilly, deceased, and others, to revoke tlie probate of a will. From a judgment for defendants, and from an order refusing a new trial, plaintiff appeals. Appeal from the judgment dismissed, and the order denying the mo- tion for new^ trial aflBrmed. Mr. I). II, Kehoe, for Appellant. . Messrs. McIIatton & Cotter, for Respondents. ]yiR JUSTICE PIGOTT delivered the opinion of the court On the 8th day of April, 1899, there was entered in the dis- 26 Mont.] In re E»eilly''s Estate. 359 trict court of Silver Bow county a judgment declaring that a paper purporting to be the last will and testament of James M. Eeilly, deceased, was his last will and testament, and that the will was duly executed, published and witnessed as required by law, and denying the petition of Mary Madigan to revoke the probate thereof. A motion for a new trial was denied. On the 5th day of January, 1900, Madigan filed and served her notice of appeal to the supreme court from the judgment and the order refusing a new trial. 1. The respondents move that the attempted api)eal from the judgment be dismissed, for the reason tliat it was not taken within sixty days after the entry of the judgment Sections 1722 and 1723 of the Code of Civil Procedure, as amended by House Bill No. 124 (Laws of 1899, page 146), provide that an appeal may be taken from a judgment or order against or in favor of the validity of a will, within sixty days after it is made or entered, or filed with the clerk. The judgmc-nt in this case was in favor of the validity of a will, and was entered on April 8, 1899. The supposed appeal was taken on January 5, 1900, more than sixty days therafter; hence the appeal from the judgment must be dismissed. 2. The respondents move to affirm the order refusing a new trial, or (in the alternative) to dismiss the appeal therefrom, upon the ground that the notice of intention to move for a new trial is not contained in any statement on motion for a new trial or bill of exceptions. We are of the opinion that the motion to affirm should be granted. As we have repeatedly declared, such notice is not part of the judgment roll, nor one of the papers required by Sections 1176 and 1738 of the Code of Civil Procedure to be sent up by copy. The statement or bill of exceptions on motion for new trial should embrace the no- tice of intention to move for a new trial, which is the initial step towards securing a re-examination of an issue of fact The giving of such notice may, of course, be waived, and the omis- sion from the bill of exceptions or statement on motion for a new trial of such a notice, when one has been given, may also I 3eO ' BuENs t. Xaptox. [M.r.T.'02 be waived. (H«.^«n v. Lyr.U, 21 Mont. 36 52 Pa. 64^0 But there is nothing in this case to show * -"r; . ^,^^ ^on question here raised was decked in Or^n^Uj. ^^^'^^ ^,^^ tana Reports, 222, 50 Pacific ^''ll'^l^T^^JlucX. is of the contrary rule which prevails in California, ana announced in Pico v. Cok., 78 California ^^^^^^^^^^ Pacific Reporter, 706, and in KaKn ;-/^'^7;Jf,™„,, Eeports, 643, 53 Pacific Reporter, 24. WeJ^e^^ ^ ^ OHnnell v. Davis, for the reason that the P^««"«^ settled, and for the further reason that we are inclined to be lieve the Orimieil Cote- is correct on principle. ^ Counsel for the appellant does not make any Pe'^t"^^"* «J jection to, or arguiuent, or ^^^^^■^;^.^Zt ^^^^^^^^^ the motion. Indeed, he frankly admits that «nl«««Jf ^ of intention is proi^rly before us, the cause cannot be heard o determined on .Us merits. Under these circumstances it should seem manifest that the order appealed from ough to be a^ firmed. Dismissal of the appeal is not the technically accurate remedy, for the transcript contains the copies of Ae papm required bv Sections 1176 and .1738 of the Code of Civil rro- oedure to be furnished on appeal. The requisite papers have been furnished by copy ; the defect or omission is in an original paper, namelv, the statement on motion for a new trial. The appeal from the judgment is dismissed, and the order denying the motion for a new trial is afiirmed. Affirmed. BURXS, Plaintiff, v. NAPTON, Judge, Defendant. (No. 1,694.) (Submitted Jannary 27, 1902. Decided March 10, 1902.) Bill of Exceptions — Settletnenl. Where a proposed bill of exceptions and amendmenta propoaed by the adrerae party, but not adopted, were neither presented to lae Judge within ten 26 Mont] Burns v. iffAPTON. 361 daj8 after the proposed amendments were served, nor delivered to the clerk for him within that time, as Code of Civil Procedure, Sec. 1155, re- quires, the court properly refused to settle the bill, the time not having been extended, and no excuse for the delay being shown. Mandamus l)y Felix Burns against Welling Napton, jiidgo of the Third judicial district Alternative writ quashed, and proceeding dismissed. Mr. C. M. Pa/T, for Plaintiff. Mr. Geo. B. Winston, for Defendant. MR JUSTICE PIGOTT delivered the opinion of the court Mandamus. Original. This is a proceeding in mandamus. Upon application of the plaintiff an alternative writ was is- sued commanding the defendant, as judge of the district court of Powell county, to settle and sign a bill of exceptions in the, case of Bums v. Kelly et al., or show cause why he did not dc so. The defendant answered, and the cause has been submitted upon the application and answer. On these the plaintiff de- mands a peremptory writ We have not had the benefit of any argument, oral or written, in behalf of the defendant So far as it Is deemed necessary to state them, the facts are these: On May 8, 1901, judgment against the plaintiff was entered in Burns v. Kelly et al. On May 9 the plaintiff per- fected an appeal from the judgment. On May 15 the parties to that action stipulated in writing that the plaintiff should have twenty days' additional itme within which to "prepare, serve and file statement on appeal." On June 3 the plaintiff sensed on the defendants a draft of his proposed bill of excep- tions, and on June 4 delivered it to the clerk of the district court On June 11 the defendants served on the plaintiff their proposed amendments, expressly reserving the right to object upon several grounds to the settlement of the bill. On June 14 the plaintiff served notice that the proposed amendments would not be adopted. The plaintiff did not within ten days after the service of the amendments, either present the proposed bill and 362 BuRxXS V. Xapton. [^rar-T.'02 amendments to the judge or deliver them to the clerk for the judga On June 25, — ^fourteen days after the amendments were served, — counsel for the plaintifiF notified the defendants by letter that he had written to the "judge asking if he wdll settle the bill of exceptions in the case of Bums v. Kelly et aV* on July 1. The matter of the settlement coming on to be heard on July 1, the defendants objected to a settlement upon many grounds, one being that the plaintiff did not within ten days after service of the proposed amendments present the bill and amendments to the judge upon five days' notice to the defend- ants, nor deliver them to the clerk for the judge within ten days after the service of the amendments. The judge sus- tained the objections and refused to settle the bill. Section 1155 of the Code of Oivil Procedure provides: "When a party desires to have exceptions taken at a trial set- tled in a bill of exceptions, he may, within ten days after the entry of judgment, if the action was tried with a jury, or after receiving notice of the entry of judgment^ if the action were tried without a jury, or such further time as the court in which the action was pending, or a judge thereof, may allow, prepare the draft of a bill, and serve the same, or a copy thereof, upon the adverse party. Such draft must contain all the exceptions taken upon which the party relies. Within ten days after such service the adverse party may propose amendments thereto and serve the same, or a copy thereof, upon the other party. The proposed bill and amendments must, within ten days thereafter be presented by the party seeking the settlement of the bill, to the judge who iried or heard the case, upon five days' notice to the adverse party, or be delivered to the clerk of the court, or judge. When received by the clerk he must immediately de- liver them to the judge, if he be in the county; if he be absent from the county, and either party desire the papers to be for- warded to the judge, the clerk must, upon notice in writing of such parties, immediately forward them by mail, or other safe channel ; if not thus forwarded, the clerk must deliver them to the judge immediately after his return to the county. When 2(» Af(.nf. I BuHNS V. Napton. 363 received from the clerk, the judge must designate the time at which he will settle the bill, and the clerk must immediately notify the parties of such designation. * * * If no amend- ments are served, or if served are allowed, the proposed bill may be presented, with the amendments, if any, to the judge or referee, for settlement without notice to the adverse party. It is the settled law in this jurisdiction that the party seek- ing the settlement of a bill where all the amendments are adopted by him, has a reasonable time within which to present the bill and amendments for settlement and is not limited to the ten day period prescribed for cases where amendments are re- jected. (Woodard v. Webster, 20 Mont. 279, 50 Pac. 791.) If, however, the amendments are not agreed to, the party seek- ing settlement must, unless the time be enlarged or sufficient excuse for delay be shown, do one of two things within ten days after the service of the proposed amendments : First, he must present the proposed bill and amendments — not one, but both — to the judge upon five days' notice to the adverse party; or, secondly, he must deliver the proposed bill and amendments — not one, but both — to the clerk of the court for the judge. Such is the plain language and meaning of Section 1155, supra. In the case at bar the plaintiff neidier presented the proposed bill and amendments to the judge (on notice or without notice) nor delivered them to the clerk within ten days after June 11, "which was the day on which the amendments were served. We remark, in passing, that if the delivery of the proposed state- ment on June 4, had been followed by a delivery of the pro- posed amendments within the ten days succeeding the service of them, with the avowed intention on the part of the plaintiff to leave both the statement and amendments for the judge, the statute might have been satisfied in the respect mention^ ; the delivery of the amendments to the clerk for the judge would doubtless be tantamount to a new delivery of the statement. It does not appear that the plaintiff ever delivered the amendments to the clerk. It does not appear that there was any extension 364 Burns v. Xapton. [Mar.T/02 of time agreed upon between the parties or granted by the court; nor did the plaintiff offer any excuse for his omission. It was therefore not the duty of the judge, the defendants objecting, to settle the bill proposed. It is hardly needful to cite cases in support of this conclusion ; there are many such : Harding v. McLaughlin, 23 Montana Keports, at page 336, 58 Pacific Reporter, at page 865 ; Henry v. Merguire, 106 California Ke- ports, 142, 39 Pacific Reporter, 599 ; Connor v. SotUhem Cali- fornia Motor Road Co., 101 California Reports, 429, 35 Pa- cific Reporter, 090; Tregambo v. Cormmche M. & M. Co., 57 California Reports, 501 ; Higgins v. Mahowey, 50 California Reports, 444. In the consideration of this case we have assumed that the stipulation of May 15 with respect to the preparation and ser- vice of a "statement on appeal" was sufficient to authorize the service of the proposed bill of exceptions, and that the letter of June 25 was, in form, sufficient notice of an intended pre- sentation of the bill and amendments for settlement. These questions we do not decide but expressly reserve, the determi- nation of either being unnecessary. The alternative writ of mandate is quashed and the proceed- ing is dismissed. Dismissed. 26 Mont.] Ix HE Petition of Boyle ex al. 865 26 IVV) IN RE PETITION OF BOYLE et al. .S liSi STATE EX REL. BOYLE et al.. Petitioners, v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT et al.. Defendants. (No. 1,761.) (Submitted February 3, 1902. Decided March 13, 1002.) Itesiraimng Order — Contempt — Habeas Corpus — Cerlio- rari — Revie ic — Costs. 1. Where one Is committed for contempt for violation of a restraining order^ and the trial court has Jurisdiction of the subject-matter and of the par- ties, the suflBclency of the cTidence cannot be reyiewed on habeas corpus. 2. On eerHorari issued in aid of a writ of habeas corpus to secure the release of one committed for violation of a restraining order, the remedy by oer- tiarari only authorizes the court to determine that the lower court had Jurisdiction of the subject-matter and of the parties, and that it regularly pursued its authority, and does not authorise an examination of the snflB- ciency of the eyidence. On Motion to Tax Costs. Where, on habeas corpus, and certiorari in aid thereof to review an order of commitment in a contempt proceeding, relator asked that the evidence be certified up, defendant, on dismissal at the cost of relator, is entitled to costs for the expense of transcribing the evidence into longhand. Application by J. Boyle and others for haieas corpus to SiX^ure their release from custody under a commitment for viola- tion of a restraining order, and, in< aid thereof^ certiorari by the state, on the relation of J. Boyle and others, to the district court of the Second judicial district for the county of Silver Bow, and the Honorable William Clancy, judge thereof. Write quashed. Mr. Alexander Mackel, and Mr. J. E.^Healy, for Petitioners. Messrs. McHatton & Cotter, for Defendants. b27 i:g! 366 Is HE Petition of Boyle et al. [Mar.T/02 MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. Application for a writ of Juibeas corpus and for certiorari in aid thereof. The complainants were adjudged guilty of a con- tempt, committed by the violation of a restraining order issued by the district court of Silver Bow county in a cause therein pending, in which Celestia Nixon is plaintiff, and the petitioner Boyle and others are defendants. They were sentenced to pay fines, and, in default of payment, were committed to the county jail, to be confined until the fines should be satisfied under the provisions of Section 2224 of the Penal Coda Complainants allege that their imprisonment is illegal, for the reason that the evidence adduced at the hearing did not tend to show that they had violated the order in question, and that the judgment of conviction, based upon a finding thereon adverse to the defend- ants, is unauthorized and void. Both writs were issued, and the record was certified up. Upon consideration of the question raised by the petition, we have reached the conclusion that we have no power, in this proceeding, to ]ook into the evidence adduced by the parties, and to determine therefrom whether the district court erred in its action thereon. It had jurisdiction of the subjectrmatter of the action wherein the restraining order was issued, and of the parties thereto. It also regularly acquired jurisdiction of the complainants. They were arrested under an attachment regularly issued, upon affidavit by the plaintiff setting forth the facts constituting the violation of the restraining order. The court heard the evidence, and made its finding thereon. The finding is conclusive upon this court in this proceeding, and we cannot interfere, even though it be conceded that there was no evidence to support it The writ of habeas corpus may not be used to correct errors in proceedings which are within the jurisdiction of thetrial court; nor may wei^ upon certiorari issued in aid thereof, go further than to ascertain that the court had jurisdiction of the subject-matter of the controversy and 2G Mont.] In be Petition or Boyle et al. 367 of the parties, and tbat it regularly pursued its authority. The evidence submitted at the hearing is incorporated in the record, but is not, under the law, properly a part of it, and cannot be looked to in order to correct the alleged erroneous findings made thereon. In the case of State ex rel. Simard v. Fourth Judicial District Court, 13 Mont. 347, 34 Pac. 39, this court, upon certiorari, examined the evidence submitted at the hearing in a contempt proceeding, and sustained the action of the dis- trict court ther(3on. But the power to make such review was not called in question, and the case seems to have been sub- mitted upon the theory that the review could go to the same extent as if the case had been presented upon appeal. This case may not be looked to, however, as subversive of the rule which wo have followed in the present case, and which has the sanction of tlie courts in all those states where the writ of cer- tioraH is confined to its common-law functions. Many other qiiestions were raised by counsel at the hearing, but they do not fall within the purview of the present applica- tion, and it is not necessary to consider and determine them. The writs are accordingly quashed and set aside, the pro- <;eeding is dismissed, and the complainants are remanded to tlie custody of the sheriff of Silver Bow county. Dismissed. On Motion to Tax Costs. (Submitted March 27, 1902. Decided April 7, 1902.) MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. Motion to tax costs. This was an original application to this court for a writ of habeas corpus, and for certiorari in aid 368 Ix BE Petition of Boyle et al. [Mar.T.'02 thereof, by which the relators sought a discharge from the jail of Silver Bow county, to which lliey had been committed by an order of the district court of the Second judicial district in de- fault of the payment of a fine imposed in violation of a tern porary restraining order issued in a cause entitled ^'Celestia Nixon V. Geo. W. Andrews .et al." The application was dis- missed, after consideration, at the cost of the relators. (68 Pac. 470.) Counsel for the defendants having filed a memo- randum of costs with the clerk, the relators have moved to strike out therefrom an item of $39.30 charged for transcript of the evidence returned by the clerk of the district court in obedience to the writ of certioraH. Xo suggestion is made that the item objected to is unreasonable in amount, nor that the expense of preparing the transcript of the evidence was not actually in- curred. It is claimed, however, that that item is not a proper charge, under the rule laid down in State ex rel. Baker v. Sec- ond Judicial District Court, 24 Mont 425, 62 Pac. 688. Coun- sel, however, fails to draw the distinction between the class of cases considered in State ex rel. Baker v. Second Judicial Dis- trict Court, and the class mentioned in Section 1860 of the Code of Civil Procedure. The order complained of was made in a contempt proceeding in the district court That was a special proceeding. (State ex rel. Healy v. District Court of Second Judicial District, ante, p. 224, 68 Pac 470.) It was therefore a decision made in a special proceeding, and brought before this court in a manner other than by appeal. The defendant is therefore entitled to recover all costs properly incurred. Thia court was asked by relator to have the evidence taken at the hearing in the district court certified up by that court, which was accordingly done. The defendant therefore necessarilj incurred the costs incident to tlie preparation of it> and under the provisions of Section 1860, supra, is entitled to recover the expense of it, as a proper disbursement. It is said by counsel for defendants that the item in contro- versy should be allowed for the reason that it was incurred by defendants under circumstances similar to 20 Mont.] State ex kel. Barker v. Dist, Ct. 369 those presented in State ex rel, Kinsg v. District Court of Second Judicial Disiiict, 25 Mont. 1, 63 Pac. 402. Speaking generally, this is true, for tlie clerk cannot transcribe the notes of the stenographer until they have been extended in longhand. For the expense of such extension, whenever the evidence is reijuired to be included in the record, costs may be recovered, even though for the transcript of the records in the clerk's office, which the clerk can make himself, no fee is allowed. In the class of cases to which the present l^elongs, and w-hich fall under Section 1860, supra, all costs necessarily incurred may be recovered under that section also. The motion is therefore overruled. STATE ex rel. BARKER^ Relator, v. DISTRICT COURT OF THE EIGHTH JUDICIAL DISr TRICT, Respondent. (No. 1.702.) (Submitted March 17, 1902. Decided March 20, 1902.) Administrators — Settlemeni of Accounts — Tumin/f Over Prop- eHy to Special Adrninistratrioo — Jurisdiction to Require — Certicn'ari. 1. The district court, In settling the account of an administrator, had Juris- diction to require him to turn over to the special administratrix certain property which had come Into his possession in his representative capacity, though there was a dispute as to the ownership of the property, the admin- istrator claiming it in his private capacity as agent for a third party. 2. The administrator, In his private capacity, was not a party in interest aggrieved by the order requiring him to turn over the property, and could not bring certiwrari to have it reviewed. Mb. Justice Pigott dissenting. Cebtioraki bv the state, on the relation of David L. S. Bar- ker, to review an order of the district court of the Eighth Vol XXVl-24 370 State ex eel. Baskeb r. Dist. Ct. [Mar.T/02 juilirial <lL3trict cf Montana in and for Cascade county. Writ qua-lK-'l, and proceedings dismissed. Mr. Fletcher iladdor, Mr. II. G, Mclntire and Mr. S. H. Mclniire, for iielator. Mr. W. G. Downing, Mr. T. E. Brady and Mr. W. V. O'Leary, for Respondent. MR. JUSTICE MILBURX delivered the opinion of the court. Til is cause is l^fore the court upon the motion of respondent to quash the certain writ of certiorari heretofore issued herein, and to dismiss the proceedings. By an order of the district court, in probate, D. L. S. Barker, administrator of the e;?tate of E. J. Barker, deceased, having resigned his office, was required to turn over to Marcella Bar- ker, si)eeial administratrix, certain mining stock certificates, said Marcella Barker having been duly appointed as such ipccial administratrix. Mr. Barker prays in his petition herein that the order of the court be annulled on the ground that the court exceeded its jurisdiction. His petition is made in propria ])crsona, and not as administrator, he setting up that the cer- tificates are in iiis possession as the agent of one Jane Barker, who, he says_, is the owner thereof, and that they were not at any time the property of the deceased. We may not go into the evidence to determine who owned f»r owns the stoL'k. It appears from the record certified to thi-j court that at the time the court below made the order com- })lained of by ])etitioner the certificates were in the hands of ^Ir. Barker, who was then settling his accounts as adminis- trator, and that they had been in his hands while acting as administrator, having, as the court states in its order, received them into his possession with certain other effects found in the possession of the intestate at the time of his death, the said certificates having been issued in the name of Jane Barker, and 26 Mont.] State ex rel. Barker v, Dist. Ct. 371 by her indorsed in blank; and thus the property in question would appear prima facie to be the property of the estate. On the one side it was contended that the certificates be- longed to the estate ; on the other part it was asserted that they were, and always had been, the property of Jane Barker, and were and are held by D. L. S. Barker as her agent, and not as the administrator of the estate. While it appears that the court below seems to have gone into the question as to who was the owner of the property, and into the matter of who had possession of the certificates, at the time of the death of the intestate, it is only necessary for us to find that the court had before it a dispute as to who owned said property which the administrator had in his hands at the time he was settling his accounts. It is not disputed that the property came into his hands by virtue of his appointment as administrator. The fact that while ho was the administrator lie Avas also claiming the right of possession in his private ca- pacity does not alter the case, for as administrator he was also the officer of the court; and the eflfect of the order was and is to retain under the control of the court property which prima facie appeared to belong to the estate until the question of ownership or right of possession may be settled in a proper ac- tion in the proper forum. This certainly was within the juris- distion of the probate side of the district court. The adminis- trator must get his orders from the court, and must obey all lawful orders. He may, if he be entitled to the possession of the property, and under protest, perhaps, leave it in the pos- session of the court, fearing punishment for contempt if he disobey ; and, if he believe that he has the right to the posses- sion of the certificates, bring appropriate action against the special administratrix to recover the same. Nothing herein contained should be understood as, or mis- construed into, a holding that the district court in probate pro- ceedings could lawfully and conclusively decide the dispute as to who was the real owner of the certificates. The court did not exceed its jurisdiction in requiring the 378 State kx eel. Fixlex r. Dist. Ct. [Mar.T.'02 administrator to turn over the property to the court's o&ceTy to- M'it, the special administratrix, leaving Jane Barker and D. L. S. Barker to proper proceedings in the proper forum to estab- ]ii<h whatever rights they, or either of them, may have in the property or to the possession thereof. As a private citizen, Mr. Barker is a stranger to the probate proceedings, so far as the record shows, and is not a party in interest aggrieved by the said order, and for this reason also the writ must oe quashed. Writ quasht.»d and proceedings dismissed. Dismissed. !Mr. Chief Justice Braxtly : I concur. Mr. Justice Pigott: I dissent. Rehearing denied April 2, 1902. STATE EX REL. FINLEN, Relator, v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT et al.. Respondents. (No. 1J84.) (Submitted March 21, 1902. Decided March 25, 1902.) Mandamus — Hearing on Return to Altemaiive WrU — New Trial — Scandalous Affidavits in Support — Discretion of Trial Court in Striking Out — Un/necessary Delay in Deter- mining Motion for Nexo Trial — Burden of Proof. 1. An order of the trial court striking out affidavits filed in support of a mo- tion for a new trial on the ground that they were disrespectfal, scandalous and contemptuous, being an order made in the exercise of the court's dis- cretionary power, mandamuB will not lie to compel their restoration, even though it be conceded that the discretion was not wisely exercised. 2G Mont.] State ex kel. Finlen v. Dist. Ct. 373 2. Where defendant claims that his answer made to an alternative writ of mandate shows a compliance therewith, the relator may controvert the truth of such answer and thus to enlighten the court as to w^hat further order the court should make. 3. Obiter: The trial court has no power to prevent the party claiming to be aggrieved by an order striking out — as being scandalous and contemptuous — affidavits filed in support of a motion for new trial from having the same reviewed by the supreme court, and to this end should settle a bill of ex- ceptions embodying the matter. 4. OMtcr: When matters contained in a pleading or affidavit are pertinent and must be alleged therein in order to have the judgment of the court upon the rights of the parties thereon, even though such matters reflect upon the court or a party, they may not be characterized as scandalous and stricken out by the court. 5. The relator in mandamus to compel the trial judge to determine the mo- tion for a new trial, the decision of which is alleged to be unnecessarily delayed, has the burden of showing such unnecessary delay. 6. The mere fact that the trial judge had delayed the determination of a motion for a new trial for 45 days is not sufficient. In mandamus proceed- ings to compel a decision thereof, to show that the court has unnecessarily delayed the decision. 7. Quaere: Whether an order striking out affidavits In support of a motion for a new trial is an appealable order? Origin' AL mandamus bv the state, on tlie relation of Miles Finlen, against the district court of the Second judicial district of Montana and others. Writ set aside.' Messrs. Forhis & Evans, Mr. A. J. Shores and Mr. C. F. Kelley, for Relator. Messrs. McIIatlon £ Cotter, for Respondents. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. Application for mandamus. In a cause pending in the dis- trict court of Silver Bow county, entitled "Miles Finlen v. F. Aug. Heinze et al.," after a trial by the court without a jury, findings of fact and conclusions of law were made on June 18, 1901, in favor of the defendants. Judgment was entered there- on July 11, 1901. Within the time allowed by the statute, and in conformity with its requirements, the i)laintiff prepared his motion for a new trial, basing the same upon a statement of tlie case and upon affidavits. The statement was properly set- tled and filed svith the clerk. The affidavitr^ M'ere also filed 3Y4: State ex rel. Finlen v. Dist. Ct. [Mar.T.'02 within tlie time allowed by the court for that purpose. On January 11, 1902, the motion came regularly on for hearing, and was submitted to the court without argument for determi- nation, Hon. E. W. Harney being the judge presiding, and was taken under advisement. On February 25, 1902, the motion not having been sooner determined. Miles Finlen, the plaintiff in the cause an.l the relator herein, applied to this court for a peremptory writ of via^\damus to compel the district court and E. W. Harney, the judge, to determine it. The application was made upon the ground that the decision upon the motion had been unreasonably delayed. To the alternative writ issued by this court the said Harney made answer denying the charge of unreasonable delay, and stating that on March 15, and before the return dav, the motion had been determined, Hot because he or the court had been negligent in the performance of their duty in so deferring the decision, but that it had been taken up out of its proj^er order and disposed of, to the end that this court might be saved any trouble or annoyance. Upon the filing of the answer the relator asked leave to controvert the truth of it, and to show that the motion had not been determined, but that the judge had, in fact and of its own motion, first stricken from the files the aifidavits submitted in support of it, and had then denied the mot-ion, thus eliminating from the rocord all matters tendered in supiK)rt of one of the most important grounds \\\Km which the motion was based, and practically evading the conmiand of the alternative writ. From a certi- fied copy of the entry in the journal of the district court made At the hearingr, upon the objection of the defendant to the admission of evidence, the court ruled as follows: THE CHIEF JUSTTCE: The greneral objection to the admiaeflon of evi- dence will be overruled. I will make a brief statement of the views of the court upon this matter. It is competent for a defendant upon application for a writ of mandamus to controvert the allegations contained in the affi- davit pertinent to the ultimate question whether the peremptory writ ouerht to issue. In addition to this, whe n answer is made in which the defendant alleges a compliance with the command of the alternative writ, the relator is authorized, under the statute, to controvert the truth of such answer, and thus to enlighten the court as to what further order should be made, if any. Of course, if the answer Is found true, this Is the end Of the con- troversy, except to enter an order disposing of the costs. [O. T. C] 26 Mont.] S TATE EX REL. FiNLEN V. DiST. Ct. 3^5 at the time action was had upon the motion, it was made to appear that the^ affidavits were stricken from the files and or- dered returned to the relator's counsel on the ground that the statements contained in them were disrespectful, scandalous and contemptuous, in that they reflected upon the judge who tried the cause. It also appears that they were thus stricken ou't Ix^fore the motion was determined, and that the matters set forth in them were not considered in support of one ground of the motion. This court was then asked for a peremptory writ of mandamus directing the defendants to restore the affidavits to the files and to determine the motion as submitted. AVhatever rights tlie relator may have in the premises, they cannot be considered in this proceeding. The command of the alteniative writ was that the court and its judge shoirld pro- ceed to determine the motion, or show cause why they had not done so. Under the mandate of the writ, the court and its judge were left to detennine the motion in just the same way as it might have been determined if the writ had not been issued. The sole office .-f the writ was to exi>edite the determination of the motion if it appeared that a decision upon it had been un- necessarily delayed, and not to control the district court in the exercise of its discretion in the premises. In striking out the affidavits, the court exercised a discretion with which we cannot interfere by mandamus. To illustrate: If the motion liad been disjwsed of before this application was made, we would have had no power to compel by mandamus a restoration of the affi- davits to the files. The dish'iet court has the power to deter- mine what is scandalous matter in a pleading, affidavit, or other paper put upon the files, and to order the same to be sti'icken out, to the end that the files may be free from objectionable or scandalous matter. That court, however, has no power to pre- vent the party claiming to be aggrieved by such an order from having the same revieweil in an appropriate way, and to this end should settle a bill of exceptions embodying the matter, so that the order may be properly reviewed by this court. Other- wise, should tliat court have fallen into error and determined 370 State ex kel. Finlex v. Dist. Ct. [Mar. T. '02 that the matters stricken out are scandalous^ when, in fact, they are not, the rights of the moving party might thjis be lost. Mat- ters which are not pertinent to the controversy, and which at the same time reflect upon the court or a party, are properly characterize<l as scandalous. When, however, the same matters are pertinent, and must l)e all(^e<l in the pleading or affidavit in order to have the jiulgment of the- court upon the rights of the parties thert^cm, then they are not in fact scandalous and mav not be so characterized and stricken out. «. There wa.s no evidence offered at the hearing tending to show that the disposition of the motion had been unnecessarily de- layed. The burden was ujxm the relator to show such fact, if it existed. This situation of affairs presented at the hearing necessarily requires this proceeding to be dismissed. This court cannot pr?sume that the district court, or its presiding judge, has willfully or unnecessarily delayinl or refused to determine a matter submitted, merelv because there has been a la])se of 45 days between the date of the submission and the date of the application to this court. Whether or i ot such in- tervening delay was unn«»essarv would depend largely upon the volume of business l)efore the court and the time at its disp(.f.al to devote to it. Xor may we say what course the rehitor should pursue or what remedy he slii/uld a(lo])t, in r.rder to ])resorve his rights in the ]) remises. It was urged at the hearing that the district judge, at the time the motion was determineil in that court, refused to settle a proj.er bill of exceptions for the plaintiff in order that he might present to this court for review the order striking out the affidavits. Whi-tlier or not this is a fact is not now a \|)ertinent inquiry. This court liolds that an order striking out a state- ment on moticm for a new trial is an appealable order. {Beach v. ^polcane lianrh cC Wafer Co., 25 Mont. 307, 65 Pac. 106.) Tlie supreme court of (California follows the same rule {Sy- m/jfus V. BunneU, 101 Cal. 223, 35 Pac. T70), the theory beinq that such an order is a special order after final judgment, with- 26 Mout.] State kx kel. Finlex v. Dist. Ct. 377 in the provision of the statute. Whether an order striking out affidavits in supjwrt of the motion is appealable, upon the same theory, has never been decided by this court. Reasoning by analog^', it may seem that it would fall within the terms of the statute; but the supreme court of (California holds to the con- trary, and declares that such an order may be reviewed only on appeal from the order denying a new trial, the statute in each state being the same. (Melde v. Reynolds, 120 Cal. 234, 52 Pac. 491.) We refrain from expressing any opinion, however, until the question is properly raise<l, leaving the relator herein to pursue such reme<ly as he may be advised is suitable to the circumstances. It was plausibly argued by counsel for the relator that the cases of lialcigk v. Disirict Court, 24 Mont. 306, 61 Pac. 991, 81 Am. St. Rep. 431, and Stale ex rel, Do-novari v. District Court of Second Judicial Dist,, 25 Mont 355, 65 Pac. 120, apply directly to this case, and are conclusive as to the power of this court to grant the relief demanded. If the factsin this case had warranted the issuance of the peremptory w^it to com- pel a decision of the motion, — which we have said they do not, — these cases would furnish no precedent for a direction to the district court to restore the affidavits to the files and to pass iqx)n the motion as submitted. In the former case it was held that where the district court refused to take jurisdiction of a second contest of a will, the same being filed before the hearing on probate was had, or, after having obtained jurisdiction, re- fused to proceed in its exercise by reason of an erroneous de- cision of a question of law or practice preseiite<l uiK>n a pre- liminary objection, mandamus was the proper remedy to compel the court to restore to the files such contest, which had been stricken out, and to proceed to a hearing of it. In the second case the court struck from the files a contest of a will presented by the attorney general on behalf of the state, on the grounds that it was filed too late, and that the state had no such interest in the estate as would authorize a contest of the will in its be- half. It was held that mandamus was the proper remedy to 28 378 378 State ex kel. Leysox v. Dist. Ct» [Mar.T/02 compel the court to entertain jurisdiction and to proceed to a hearing. In the present case tlie order striking out the affidavits was made in the exercise of the court's discretionary power, and mandamus will not lie to compel their restoration, even though it be conceded tliat the discretion was not wisely exercised. Let tlie writ be set aside, and the application be dismissed, at tlie cost of the relator. Dismissed. ^Ir. Justice Mii.buk^' : I concur. Mr. Justice Pigott: Though I concur reluctantly, I da so without hesitation. STATE EX REL. LEYSOJS' , Relator, v. DISTRICT COURT • OF THE SECOND JUDICIAL DISTRICT ET AL., ReSPO^JDEXTS. (No. 1,752.) (Submitted March 22, 1902. Decided March 26, 1902.) Cerliorari — Administration — Order of Partial Distribution/ — A])})€alahle Order. Certiorari will not be granted to review an order for the partial distribution of the estate, of a decedent, since there Is an appeal from such order. Certiorari by the state, on the relation of John II. Leyson, administrator of the estate of A. J. Davis, deceased, against the district court of the Second judicial district of the state of Montana, and E. W. Harney, judge thereof. Dismissed. Messrs. Forhis & Mattison, and il/?\ E. N. Harwood, for Relator. Messrs. Clayherg & Gunn, for Respondents. 26 Mont.] KiLVNicu v. Helena Con. Water Co. 379 MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. Application for writ of certiorari to review and annul an order of partial distribution made by the district court of Silver Bow county in the matter of the estate of A. J. Davis, deceased. The writ is denied, for the reason that an appeal lies from the order complained of, and it therefore cannot be reviewed by means of ccrlioraH, (Code of Civil Procedure, Sec. 1721; Id. Sec. 1722, Subd. 3 ; Laws 1899, p. 14G ; Code of Civil Pro- cedure, See. 2832; In re Phillips Estate, 18 Mont. 311, 45 Pac. 222 ; State ex rel. Whiteside v. First Jvdici<d Dist. Court, 2-4 Mont. 552, 03 Pac. 395 ; State ex rel. King et aZ. v. Second Jvdicial Dist. Cowt, 24 Mont. 494, 62 Pac. 820.) Let the application be dismissed. Dismissed. KRA^^ICII, Appellant, v. IIELEXA CONSOLIDATED » oi WATER COMPANY, Respondent. J-379 27 518 (No. 1,439.) \|38 236 Appeal — Judgment lioll — Record an Appeal — Bill of Excep- tions— Strilcing from Record — liules of Supreme Court — Briefs. 1. Where a bill of exceptions is prepared and settled under the proylsions of Section 1154, or of Section 1155, of the Code of Civil Procedure, It Is part of the judgment roll described in Section 1100, and when a copy thereof certified as correct is included in the transcript filed on appeal, as required by Section 1736, it should not be stricken from the record on the ground that it was not served or filed in time. 2. Where a bill of exceptions is prepared as a bill on motion for a new trial under the provisions of Subdivision 2 of Section 1173, and is relied upon by the appellant on appeal from the Judgment, It is not embraced in the Judgment roll, but is part of the record on the appeal and as such, when properly furnished by copy to the supreme court, may not be stricken out on the ground that it was not served or filed in time. 380 Kkaxicii r. IIklkna (\)x. Watek Co. [Mar.T.'02 3. Where appellant's brief falls to comply with the requirements of Subdi- vision "a" of Section 3 of Hule X of the Supreme Court, the Judgment appealed from will be affirmed (unless the respondent moves a dismis- sal of the appeal because of such failure). Ajypeal frcnn District Court, Lewis and Clarke County; H. C, Smith, Jud(/e. Action bv William Kranicli against the Helena Consoli- dated Water Company. From a judgment for defendant, plaintiff appeals. ^lotion to strike the bill of exceptions from the record. Dc»nied. Judgment affirmed. Messrs. Sanders cf Sanders, and Mr, 11. J. Burleigh, for Appellant. Messrs. Claj/herg d- Gunn, for Kespondent. ^loTION TO StKIKK Ol'T BiLL OF ExCKPTlOXS. (Submitted March 26. 1902. Decided March 27, 1902.) :MK: justice PIGOTT delivere<l the opinion of the court The plaintiff has app(^aled from a final judgment. The de- fendant moves Ihat the bill of exceptions includcKi in the tran- script be stricken theiefrom for the reason that it was neither served nor filed in time, and is therefore not properly a part of the transcript or record on appeal. The objections of the defendant to the settlement, together with the matter in sup- }X)rt of the ol)j(vtions, aj)pear ujK)n the face of the bill. The record vn apjx^al from a final judgment consists of a co})y of the notice of apj)eal, of the judgment roll, and of any bill of exceptions or statement of the case upon which the ap- pellant relies. (^Section 1786 of the Code of Civil Procedure.) If the bill, the copy of which is sought to be stricken, was pre- pared and settled under the provisions of Section 1154, or of Section 1155, of the Code of Civil Procedure, it is part of tiie judgment roll described in Section 119G, and is authorized or reqiiinnl to be furnished by copy as part of the record on appeal 26 Mont.] Kranicfi r. Helena Cox. Water Co. 381 from the judgment. If it was prepared and settled as a bill on motion for a new trial under the provisions of Subdivision 2 of Section 1173, and is relied upon by the appellant, it is not em- braced in the judgment roll, but is part and parcel of the record on the appeal end as such may be furnished by copy to this court. So far as the motion is concerned, it is not necessary to inquire whether or not the bill is part of the judgment roll. It was settled and certified by the judge of the trial court, and was then filed with the clerk of that court. The appellant relies upon it It is properly embraced in the record on appeal. Whether its contents can be considered is a question which does not now arise. The motion must be denied. ^'IsTone of the properly authenticated and certified papers au- thorized OT required to be furnished to this court upon ap- peals ought ever to be stricken out when presented in conformity with the rules. Their place is in the record. Their effect is properly a matter for determination upon consideration of the case upon the entire record. For example, the notice of inten- tion to move for a new trial is not one of the papers constitut- ing the judgment roll, nor is it one of the papers described in Sections 1176 and 1738 of the Code of Civil Procedure, as required to be furnished on appeal from an order granting or denying a new trial. It is therefore no part of the record on appeal, and hence will be stricken out even if formally certified by copy, as was done in Carr, Ryder & Adams Co, v. dosser, 25 Montana, 149, 63 Pac. 1043. If, however, the notice of intention to move for a new trial be included in a statement or bill of exceptions on motion for a new trial, it is thereby made a constituent part of the record on appeal, and should not be stricken out, even though it may have been served or filed out of time, and must be disregarded upon the submission of the case. So with a statement or bill of exceptions used on the hearing of a motion for a new trial. When certified and brought to this court in the regular mode, it is part and parcel of the record on appeal, and is entitled so to remain, although^ because of some defect or invalidity, such as failure to contain 382 Kr.\,sicii v. Helena Con. Water Co. [i£ar.T.'02 a specification of the particulars in which the widence is in- siiflic-ient, it may not be capable of subserving the purpose for which it was intended, or must be diar^arded because a draft of the proposed statement was not served in time." iBeach v. Spokane Ranch £ Water Co., 25 Mont, 307, 371, 65 Pac. 106, 108.) This rule of practice wo approve. Let the motion be denied. Affeal from Judgment. (Submltlfd April 14, 1902. Decided April 18, 1902.) MR. JUSTICE PIGOTT delivered the opinion of the court. This is an appeal from a judgment entered on December 31, 98. The cause has been submitted on briefs without oral fument. Subdivision a of Section 3- of Rule X of this court provides it the appellant's brief shall contain "a concise abstract or tement of the case, presenting succinctly tlie questions m- Ived, and the manner in which they are raised, which abstract all refer to the page numbers in the transcript in such man- r that pleadings, evidence, orders and judgment may be sily found." We quote the only abstract or statement of the 36 contained in appellant's brief : "Statement of the Case. "The plaintiff was the owner of a tract of land in Helena, which, and as a part of which, was a stream of water. By former adjudication of the court it had been decreed that one the rights and possessions of the plaintiff and his partner IS at the head or upper end of his claim, seven inches of water, ereafter inseparably a part and parcel of his said property. >r many weeics in each year that seven inches was supplied. 26 Mont] KfiANiCii v. Helena Con. Water Co. 383 but at certain periods waters were so diverted from the gulch as that they did not flow to the head of his claim. By the statute of adverse possession in Montana then in force, appli- cable to his right) a period of ten years must elapse to preclude the assertion by him in court of his right During this period he had asserted this right in court and had obtained a decree against the grantors of the defendant annihilating any claim or color of title in them to seven inches of this water, and this defendant stood as a naked trespasser." The statement imparts no information in respect of the action, of the questions in- volved, or of the manner in which they are raised ; nor does it mention the pleadings, evidence, orders, or the judgment, or refer to the pages of the transcript where any of them may- be found. It fails in every respect to comply with any require- ment of Subdivision a of Section 3, supra. Upon the authority of McCleary v. Crowley, 22 Montana Reports, 245, 56 Pacific Reporter, 227, Smith v. Denniff, 23 Montana Reports, 65, 57 Pacific Reporter, 557, Rehberg v. Oreiser, 24 Montana Re- ports, 488, at page 490, 62 Pacific Reporter, 820, and of the many other like cases decided by this court, the judgment must be affirmed. Consideration of the respondent's motion to dismiss the appeal for the reason that the appellant has not furnished the proper record, as well as of the question whether the bill of exceptions is properly before us, is therefore unnecessary. Let the judgment be affirmed. Affirmed. 384 Savings Bank v, Joe Kulffki Co. [Mar.T.'02 JOIIXSOX COUNTY SAVINGS BANK, Appellant, v. JOE KLAFFKI COMPANY, Kespondent. (No. 1,782.) (Submitted March 25, 1902. Decided March 27, 1902.) Appeal — Undertaking on Appeal — Tinie of Filing — Xotice of Appeal — Service by Mail. 1. Under Code of CMvil Procedure, Sec. 1724, an undertakinflr on appeal — unless walyed — must beflled within flye days of the serrice of the notice on the adverse party, and not within flye days from the filing of the notice with the clerk, if the filing occnrs after the date of snch serrice. 2. The time of filing the undertaking on appeal Is not extended by the pro- Tisions of Section 1833 of the Code of Ciyil Procedure, In a case in which the appellee resides at a distance and serylce of the notice of appeal is made through the mails. Appeal from District Court, Silver Bow County; J. B. Mc- Clernan, Judge. Action by the Johnson County Savings Bank against the Joe KlaiFki Company. Judgment was rendered in favor of defendant, and plaintiff appeals. Motion to dismiss appeal sustained. Messrs. Busch & Kremer, for Appellant. Mr. J. W. Stanton, for Respondent MR. JUSTICE PIGOTT delivered the opinion of the court Motion to dismiss appeal. On December 11, 1901, the plaintiff served the defendant with notice of appeal from a judgment, and on December 19, 1901, caused the same to be filed in the office of the clerk of the court below. On the day last mentioned the plaintiff caused to be filed an undertaking on appeal. The respondent moves a dismissal upon the ground that the undertaking was not filed within five days after the •2i\ Munt.] Savincjs Bank r. Joe Klaffki Co. 385 service of the Jiotice of appeal. lu opposition to the iiiQtion the appellant contends that since the undertaking was filed on the same day the notice was filed, though more than five days after its service npon the respondent, the appellant complied with Section 1724 of the (^ode of Civil Proceihire, providing: "An ap})eal is taken by filing with the clerk of the court in which the judgment or order appealed frcHii is entered, a notice stating the apj^eal from the same, or some specific part thereof, and serving a similar notice on the adverse party or his attorney. The order of service is immaterial, but the appeal is ineffectiuil for any purpose unless within five days after ser- vice of the notice of apix?al, an undertaking be filed, or a de- j)osit of money be made with the clerk, as hereinafter pro- vided, or the undertaking be waived by the adverse party in writing.'' Counsel argue that the section requires service of the notice of api^eal upon the clerk as well as upon the adverse party ; that filing with the clerk is ser\'ing that officer ; and that the undertaking, having been filed within five days after service of the notice upon the clerk, w^as in time. They assert that the langtiage of the statute contemplates service upon the clerk, calling particuhir attention to the words: 'The order of service is immaterial." The contention is without merit. Between the filing of a notice with the clerk, and the serving of it upon him, there is a broad distinction, as was pointed out in Territory v. Ilanna, 5 ilontana Keix)rts, 240, .5 Pacific Reporter, 250. Filing the notice with the clerk is one thing. Ser\4ng it upon him is another and a different thinpr. The reason whv the words last quoted were inserted into the statute apj)ears fron» a consideration of the former law, which omitte<l them. (Sec- tions 370, 381, Codified Statutes 1871-72, pp. 107, 110.) It was then nece^jsary that the filing should have preceded or been contemporaneous with the service upon the adverse party {Hastings v. Ilalleclc, 10 Cal. 31; Buffendeau v. EdnioncUon, 24 Cal. 05), and, if the filing was subsequent to the service, no appeal was taken. The addition to the statute of the sen- tence quoted was for the purpose of i)ermitting the notice to be served either before or after the filing, — in other words,. Vol. XXVl-25 380 Savings Bank v. Joe Klaffki Co. [Mar.T/02 under the present statute, tlie order of the service and the filing of the notice is immaterial. Whether both must be on the same day, we do not decide. It is of no consequence which is done first. This is obvious. The matter is somewhat discussed in Ilayne on Xew Trial and Appeal, Section 210, Subd. 2. Appellant's counsel advance another argument against the gi-anting of the motion to dismiss. They say that service of the notice of appeal was by mail, — appellant's counsel residing at Butte, and respondent's counsel at Great Falls, 172 miles distant, — and that the time within which the appellant was required to file the undertaking was extended one day for every twenty-five miles of distance between the two places. They invoke the provisions of Section 1833 of the Code of Civil Procedure providing that service by mail is complete at the time the notice or other paper is deposited in the postoffice, addressed to the person on whom it is to be served, at his office or place of residence, postage paid, ^'but if within a given number of days after such service, a right may be exercised, or an act is to be done by the adverse party, the time within which such right may be exercised or act bo done, is extended one day for every twentv-five miles distance between the place of deposit and the place uf address." Assuming the facts to be as as- serted by counsel, it is enough to say that the respondent — the party served with the notice — is the adverse party. Under Section 1833, tlie party serving a notice can never l)e a party adverse to himself. {Brown v. Green-, 65 Cal. 221, 3 Pac. 811.) The undertaking on appeal was not filed within five days after service of the notice of appeal, and the respondent has not waived his right to move a dismissal. Upon the authority of Hines v. Carl, 22 Montana Reports, 501, 57 Pacific Re- porter, 88, and cases there cited, the motion is granted, and the appeal is dismissed. Dismissed. 26 Mont.] T. C. Power & Bro. v. Murphy. 387 T. C. POWER L' BROTHER, A Corpor^vtiox, Respoxdent, V. MURPHY ET AL.^ Appellants. (No. 1,597.) 26 387/ 31 304/ 26 36 (Submitted March 17, 11)02. Decided March 31, 190J.) Ug 387 I37 349 Appeal — AdviV'se Party — Service of Notice — DLsinissal — IfJo m Bankruptcy. 1. Where plaintiff recovers judgment in an action to foreclose a mortgage, and a deficiency Judgment against the mortgagor, he falling to answer, he is an Interested and necessary party to an appeal taken by other defend- ants, who claim liens on the mortgaged premises superior to the mortgage, and if notice of such appeal is not served on him, as required by Code of Civil Procedure, Sec. 1724, the appeal will be dismissed. 2. The fact that such mortgagor was adjudged a bankrupt after the appeal was taken will have no effect on a motion to dismiss the appeal. Appeal from District Court, Chateau County; Dudley Dw Base, Judge. Ac^Tiox by T. C. Power & Brother, a coriwration, against John T. Murj)hy, Henry L, Chipman, George D. Patterson and Louisa Patterson. From a judgment for plaintiflF and an order denying a new trial, defendants Murphy and Chipman a])peal. Appeals dismissed. Mr. M. Billiard, and Mr. II. G. Mclntlre, for Appellants. Messrs. Walsh & Nexvmnn, for Respondents. MR. JUSTICE PIGOTT delivered the opinion of the enurt. These are appeals by Murphy and Chipman, two of tlit^ de- fendants, from the judgment and an order overruling their mo- tion for a new trial. The respondent moves the dismis.^al of the appeals upon the grounds — First, that the appellants have not filed their brief within the time required by the rules of this court; and, secondly, that notice of the appeals was not 388 T. r. Power & Bro. v. Murphy. [Mar.T.'02 served upon the defeiidants George D. Patterson and wife, or on either of them. Tlie action was brought on a note for $3,000, made by Pat- terson to the phiintiflF's assignor, the payment of which was se- cured by a mor^gage executed by Patterson and wife. The ob- ject of the aetion was to procure a sale of the property mort- gaged, the foreclosure of the equity' of redemption of each of the defendants, and a personal judgment against George D. Patterson in the event the proceeds of such sale should be in- sufficient to satisfy the amount due to the plaintiif. The Pat- tersons were duly served Avith sinnmons and a copy of the coni- l)laint. They made default. The defendants MuqJiy and ("hipman, by answer (which, so far as the transcript discloses, was not served upon the Pattersons), denied the execution of the note and mortgage, or that anything was due or owing upon either, and pleaded affirmatively that at the time the mortgage was made they owned, and still own, undivided interests in the land described in the mortgage, and then had, and ever since have held, a lien upon Patterson's interests therein paramount to the mortgage lien asserted by the plaintiff. Upon trial of the issues joined between the plaintiff and Murphy and Chipman, the court found that the plaintiff's mortgage was the first lien upon a certain part of the land, superior to the title and to tlie lien of Murphy and Chipman ; and further found that Murphy and Chipman's lien on the remainder^of the land was superior to that of the plaintiff's mortgage. Judgment in accordance with the findings w-as entered for the sale of the land and the application of its avails toward satisfaction of the mortgage debt due to the plaintiff, and (if the proceeds of sale should be insufficient to liquidate the plaintiff's demand) for the docket- ing of a deficiency judgment against the defendant George D. Patterson, who was personal^ liable on the note. Murphy and Chipman moved for a new trial, addressing the notice of in- tention to, and serving it uix)n, the Pattersons. The motion was denied. IMuq^hy and (.^hipman then served notice of their appeals from the jiidgiuent and order denying a new trial, but 2() :Moiit.] T. C. PowEu k Bro. v. Murphy. 389 iioither directeil the notice to, nor served it uf)on, Patterson or his wife. Patterson has not appeared in this court; lience the .question whether his vohintar}' appearance would remedy the omission to serve notice of appeal upon him is not presented. By failing to answer the complaint, Patterson a'dmitted the material allegations therein contained to he true, and this is all he admitted. His default was tantamount to consent that a jiulgment in accord with the averments of the complaint might be entered against him. That pleading did not tender any issue to him with re3])ect to Murphy and Chi])man's lien or title. A party to a jiulgment whose rights may be injuriously affected by its reversal or modification is entitled to notice of appeal; the fact that 'le failed to answer the complaint does not de- prive him of such right. Section 1724 of the Code of Civil Procc^lure provides, among other things, that 'an appeal is taten by filing with the clerk of the court in which the judg- ment or order iippealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and sending a similar notice on the adverse party or his attorney." This means, of course, that the notice must be server! upon every adverse party. A party is adverse who has an interest in oppos- ing the object sought to l>e accomplished by the appeal. In the language of (liancellor Walworth in Thompson v. Ellsicorth, 1 Barbour's Cliancery, 024, by adverse party is meant "the party whose interest in relation to the subject of the appeal is in conflict with the reversal of the order or de(!ree appealed from, or the modification sought for by the ai)j)eal." The pur- pose of the api)eals in the present case is to reverse the judg- ment, or to proi»ure its modification, so that the title and lien asserted by the appellants, and which have been declared sulv- ordinate to the 'lemand of the plaintiff, may attach as a charge superior to the plaintiff's demand. The effect of such reversal or modification v.ould be to release (so far as this action is con- cerned) certain of Patterson's property from the prior lien thereon of the respondent as declared by the judgment, thereby diminishing the fund to arise from the decretal sale, and tend- 390 T. C. Power & Bro. v. Murphy. [Mar.T.'02 ing to increase the aniount of any deficiency judgment that might be rendered against Patterson. The appellants seek, by the attempte<l appeals, to have respondent's mortgage declared^ inferior to their title and lien. If the judgment appealed from stands, the respondent must, l)cfore it can have and enforce a ])ersonal judgment against Patterson, exhaust the remedy af- forded by the mortgage, — it must sell the land. Such decretal sale might satisfy the judgment establishing the indebtedness <lue from Patterson to the resjKjndent. If the action had \hh'\\ to fonvlose a mortgage made ]>y an- other j)erson to scvuro payment of Patterson's note, would not Pattersrm have an interest in opjxising the reversal of a judg- ment (Icxdaring t-ucli mortgage paramount to liens set up by cer- tain defendants^ That he would s<»ems clear, flight he not l)e int(»rested in seeking to vacate a judgment declaring the r(vj)<)ndents mortgage to Ik* inferior t4> the appellants' liens? The priority of the n^sjHjndent's lien, as (^stal)lishe<l by the judg- ment, is a matter in which Patterson has an interest re<ognized by the law, and be is interesttnl in maintaining the integrity of the judgment declaring the res])ondent's mortgage to l)e a su- })erior lien upon part of the ]>ro]RTty. The case of Moody v. Miller, 24 Oreicon ReiK)rts, ITJ), XI Pacific Keporter, 402, in- volv(d a (juestioji similar to the one raised here, and the court dismissed the npj)eal. (See, also, Harper v. IlUdreth, 1)9 Cal. •1(\:}, m Pac. nO?i\Boirerin<i v. Adams, 12() ('al. G.jS, oO Pac- i:J4; and 2 Vsii\, Law k Pnx. Si;:], 8G4.) Xot having ai>- ])eal(Ml, he is j)r('sunu<l to be satisfied with the judgment which established such lien, and to object to a reversal of it or to a change in its ti^rms. lie has the right to be heard in support of the judgment and the order denying a new trial ; but he has not been subjected to the jurisdicticm of this court. The fact thar Patterson has Ixx'n adjudged a bankrupt since the. taking of the a])])ea]s is a matter of no moment ujxni this motion. Tlie defendant G(H>rgo I). Patterson was an adverse party, lie was not served with notice of either a])peal, and hence both 26 Mont.] State ex rel. McGinniss v, Dickinson. 391 appeals must be dismissed. So holding, consideration of the question whether his wife was an adverse party, and of the tirst ground of ihe motion, is unnecessary. The appeals are dismissed. Dismissed, STATE EX KEL. McGKWNlSS, ArrKLLAXT, v, DICKINSOiVr, Rks POX DENT. (No. 1,436.) (Submitted March 12, 1902. Decided April 7, 1902.) Couidy Auditor — Ciraiion of Office — Siaiutes — He peal. The office of county auditor in counties below the third class was abolished ty Act of March 18, 1895 (Political Code, Sec. 4312), which amended the original Code Section 2022, and repealed In part Section 1 of the Act of March 7, 1801 (Political (^ode, Sec. 4r>C0), hence Missoula county was not entitled to elect an auditor in 1808. Appeal from Diairici (^ourt, Missoula County; Frank Woody, Judfje. Mandamts l)V the state, on the relation of Jaines ^IcGinniss, against W. II. II. Dickinson, clerk and recorder of ^lissoula county. From a judgmoiit for defeiHlant, relator appeals. Attinned. Messrs. MarsJialL Stiff d' Banft, for A])pellant. Mr. (\ B. Nolan, Attorney Gencrah for Kespondent. :MR. justice PIGOTT delivered the opinion'of the court. At an electi'jn held in Missoula county on Xovember 8, 180S, the ])laiKtiff received a majority of the votes cast for 31)2 State ex bel. McGinniss v. Dickinson. [Mar.T.'02 auditor of that caiiitv, and the board of canvassers so declared. The plaintiff thin demanded of the defendant, the county clerk, a certificate of election. This the defendant refused to issue, placing his refusal ui)on the ground that there was no such officer as county auditor for ilissoula county. Thereu}X)n the plaintiff brought this procee<ling in mandamus to compel the issuance of a certificate of his election. It apj>eared that on the 7th day of ]\Iarch, 1891,,and for at least a year thereafter, the assessed valuation of the proi)erty in ^Missoula county ex- ceeded eight million dollars, but that on September G, 1807, the board of countv commissioners, bv an order made under the authoritv of Sections 4328 and 4331 of the Political Code, declared ilissoula countv to be a countv of the fifth class, hav- ing an assessed valuation of more than six million and less than eight million dollars ; and that it still remaine<l a county of the fifth class at the time this proce(»ding was Ix^gun. The par- ties agreed that if the county was entitled to an auditor for th(» two veais i)o<>'inninfl: with the first Mondav of Januarv, 18!M), the })lainnff was entitled to a peremptory writ of man- date as praye<l for. Judgment was entered for the defendant, and the plaintiff aj)i)eals. Was ^lissoula countv entitled to elect an auditor in 1808 ? This is the single question presented for decision, and we think it must be answered in the negative. The office of county auditor is not ex]>rc^sly provided for in the constitution ; that instrument is silent upon the subject. (Section 5 of Article XVI.) If autliority 1k> requisite for the creation of the office, sucli authoritv mav be found in Section (> of Article XVI, wliicli ordains tliat "the legislative assembly may provide for the election or ap]X)intment of such other county * * officers as public convenience may require and their terms of office shall Ix^ as prescrilied by law * * ." By an Act passed at the second st^siim of the legislative assembly, and ai)])rove<l ilarch 7, 1801, the office of county auditor was cre- ated, Sections 1 and 2 ]>roviding that "the office of county auditor is here]>y created, and the same shall exist in all conn- ^Oiloilt] SfATE EX BEL. McGlNNISS V. DlCKINSON. 303 tics in the state of Montana which now have, or those which may hereafter acquire, a total assessment of not less than eight million dollars * . There shall be electeil in and for eacli csnnty having the necessary assessable valuation as here- inl>eft re stated, at the general election to be held in Xovember, lSi)2, and qna<lrenially [biennially]" thereafter, an auditor. (Laws of 1891, ])p. '227, 22^,) At the time this Act was ])asse(1, ilissoula county had a total assessment of more than eight million dollars, and was, therefore, entitled to an auditor; and we assume for the i)urix)ses of this case (but do not de- cide) that the design of the Act was to require counties entitled to auditors cm IMarch 7, 181)1, to elect them after the assessed valuation had fallen below eight million dollars. That the legislative assembly, having created the office, had the authoritv to abolish it or to restrict it to counties of a cer- tain class, must Ik? cnnceded. The office was and is subject to the control of its creator. Did the legislative assembly deprive Missr.ula countv of the office of countv auditor i At the fourth session of the le^slativo assemblv of the state, held in 1895, the Political (Vie was acted upon by the legislature as it hud been reported hy the code commission. It was ])assed in the form rejwrted and as a whole, and was apjirovc-d February 25, 189:). (Johh V. Couniy of Mca/jher, 20 Mont. 424, 51 P:v.:. 1034.) Section 2922 of the Code as originally passed reads: ^The officers nf a countv are a treasurer, a countv clerk, a clerk of the district court, a sheriff, a county attorney, a sur- veyor, a coroner, a public administrator, an assessor, a county' superintendent (f common schools, a board of county commis- sioners." This se<'tion omits anv reference to countv auditor; but by Acts approved ]Marcli 13, 1895, and incor\|X)rated in the Pcditical Code as Sections 5181 to 5186, inelusive (Senate Bill 102 and House Bill 374, l^ws of the Fourth Session, 1895), the Act (.f March 7, 1891, which created the office of countv auditor, and the Acts of the Third and Fourth sessions ■ 7 of the leG:islative assemblv of the atate of Montana, were de- clared to Ik* and renuiin in full force and effect in like manner 304 State ex bel. McGinniss v, Dickinson. [Mar.T/02 as if enacted after the adoption of the several Codes. (Sec. 5181; Sec. 1, Senate Bill 102.) The Act of March 7, 1891, appears as Sections 4560 to 4570, inclusive, of the Political Code as compiled by the commissioner in accordance with Title V of Part V of that (3ode (Act of March 7, 1895, Sees. 5190- 5198). Sec»tion 518.], siipra (House Bill 374, Sec. 1), provides that all Acts and parts of Acts enumerated in that Act ''are, and the same are hereby declared to be, parts of the Political Code, * '•." Among the Acts so enumerate<l is the Act of March 7, 1^91, creating the office of county auditor. In so far as the Acts enumerated conflictixl with or were inconsistent with any of the original provisions of the (,^o<le, the Acts or parts of Acts so enumerated were to Ik? considered and con- strued as amendments to the (^Kle with the provisions of which they conflicted or w(re inconsistent (Sec. 5184, supra; House Bill 374, Sec. >). Hence the Act of March 7, lcS91, must, in respect of the office of county auditor, l)e detnued an amendment to Section 2922, supra, of the original (^)de. But on March 18, 1SJ)5, an Act entitlwl An Act to amend Sections 2922, 2938, 2939, 2i)IO, and 2941, of the Political (\Mle of the state of Montana,-' was ai)prove(l, ])rovi<Ung that the oiKcers of a county are: a treasurer; a county clerk; a clerk of the district court; a sheriff; a ccmnty auditor, except in the fourth, fifth, sixth, seventh, and eighth class ccmntie^^ ; ccmiity attorney; surveyor; connier; public administrator; assessor; county su- perintendent (f conunon schtx^ls; board of county commission- ers." (Sec. 4312, Political Code.) On the same day an Act was a])])roved which classificxl tlu^ counties, and put into the . third class all (ounties having an assesse<l valuation of more than ten and less than fifteen million dollars, and into the fifth class all countii's having an assessed valuation of more than six and less than eight million dollars. (Sec. 4328, Political Code.) These Acts were passed by the Fourth legislative as- sembly. Sections 51S1 and 5182, supra, are Sections 1 and 2 of the Act of March 13, 1895, Senate Bill 102. Sections 51S3, 51S4, 51S5, and 5180, supra, are Swtions ], 2, 3, and 4 20 Mont.] State ex ret.. McGinniss v. Dickinson. 395 of the Act of March 13, 1895, House Bill 374, entitled "An Act declaring what Acts or parts of Acts passed by the Second and Third legislative assemblies of tlie state of Montana, not embodied in the Political Code, the Code of Civil Prooednre, tho Civil Code and the Penal Code, shall continue in force, and reiK^aling all other Acts or parts of Acts of the said legis- lative assemblies, and declaring the construction to be placed uix)n tlio Acts of the Second, Third, and Fourth legislative assemblies, Avitli reference to each other and with reference to the provisions of the C\)des, and providing for the compila- tion of certain Acts of the Second and Third legislative as- semblies?, and Mio Acts of tlie Fourth le<nslative assemblv in the Codes.'' By Section 3 of the Act (House Bill 374), ap- proved ifarch 13, 1S)5 (the section being carried into the compile<l Coda as Stxftion 5185), it was ])i'ovided that if any of the Acts or jiarts of Acts enumerated and declared by Sec- tion 4 (carried into the com]>iled (^ode as Section 5186) to be in full force and effect, ''are in coniflict with or are inconsistent with, any Act or Acts passed by tlie Fourth Legislative Assem- bly of the State of Montana, tlie Acts and parts of Acts passed by the Fourth legislative Assembly shall be considered and construed as re\|)ealing such Acts or parts of Acts herein enu- meratcHl." The Act of March 7, 1891, entitled: ''An Act to create the Office of County Auditor,'' is, as we have already observed, one of the Acts so enumerated and declared to be in effect. Xow, tho Act of March IS, 1895 (Section 4312, supra) y was, we repeat, an Act of the Fourth J-fegislative As- sembly. It pn^scrilxHl that there should be a county auditor in all counties except in those of the fourth, fifth, sixth, sev- enth and eighth classes, thereby depriving of an auditor every county not having an assessed valuation in excess of ten million dollars. This Act of ifarch 18, 1895, must be considered as having repealed so much of the Act of March 7, 1891, as was in conflict with its provisions. The office of county auditor in counties l)elow the third class was certainly abolished bv the Act of ifarch 18, 1895, which amended the original Code 31)0 Statk k\ kel. a. (\ M ( o. r. Dist. (^t. [Mar.T.'02 Scclion 2922, supra, and repcaleil in part SeotioL* 1 of the Act of ilarcli 7, ISUl — Section 1 being Section 4500, supra, of the Political Code. It follows therefore that Alissoula county was not entitled «. to elect an auditor in lSt)8, and that the judgment dismissing the proceeding in mandamus must Ik* affirmed. It is so or- dered. 26 896 P% 413 PS36 414 26 434 ,2« 398 488 450 28 542 J/ 34 275 26 137 396 20, STATE Kx KEu ANACONDA (^OPPEIl MIXING (COM- PANY, Kklator, v. DISTRKT COURT OF THE SECOND JCDK^IAL DISTRK^T ET AL., Descendants. (No. 1,759.) (Submitted January 10, 1902. Decided April 1 i, 1902.) 2Ii)ics aud Mining — Inspcciion and Survey of Claim — Interest Xeccssary — Equity Powers of Court — Order of Inspection — Jurisdiction — Statutoi y Construction, 1. 3. 7. 8. To entitle one, under Code of Civil Procedure, Sec. 1317, to an Inspection of a claim for the purpose of ascertaining or enforcing his right or interest in another claim, he must have an interest in the first claim, and that the right of one owning a claim to follow a lode having its apex therein into another claim is not such an Interest in the latter claim as to authorize his inspection f.nd survey of it. Equity hus no Jurisdiction, independent of statute, and in the ab.sence of a suit, to order inspection of property. Under the authority in Code of Civil Procedure, Sec. 1317, to order Inapec- tion of a mine to ascertain and protect the interest of petitioner, all the appliances in use for ingress and egress may be made available for the persons malcing the inspection. Inspection should not be granted of a mine not described in the petition, under the authority in Code of Civil Irocedure, Sec. 131V, for inspection and survey of a mine on petition. The order authorized by Code of Civil Procedure, Sec. 1317, for inspection and survey of a mine for protection of petitioner's interest therein or in another mine should be limited to tlie necessities of the case, and ex- plicitly state how far it may go. Every word of a statute must be given a meaning, if it is possible to do so. The terms employed in a statute are presumed to be used in their ordinary sense, unless it is apparent from the context or from the subject-matter that they are used in a different or speciffl sense. Scmble: The costs of obtaining the order under Section 1317, Code of 2(3 Mont. J Statk kx ukl. A. (\ M. Co. r. Dist. Ct. o\)7 civil Procedure, as well as the costs of the survey and Inspection, should be paid by the petitioner. 9. In the order granted under Section 1317, Code of Civil Procedure, the court may provide that all appliances in use to facilitate Ingress and egress be made availaule to the person making the inspection, — the additional ex- penses being paid by the petitioner. Writ of cerl[^:>rari on the relation of tlie Anaconda Copper Mining Company, against the district court of the Second ju- dicial district in and for tho county of Silver Bow and William' Clancy, judge Thereof, to review an order allowing inspection and sun'ey of the underground workings of a mine. Order annulled. Statkmknt ok tiik (\\sk. On August 8, 1800, F. Augustus Ileinze filed in the district court of Silver Jiow county the following i)etition : "Comes now F. Augustus Ileinze, and respectfully alleges and shows to the court : That ho is now, and for a long time prior hereto has been, the lessee from the owners of an undi- vided one-half of the Fairmount lode claim, situated in Summit Valley mining district. Silver Bow^ county, Montana, and lying adjacent to tho Anaconda and St Lawrence lode claims on the north, and entitled to become the purchaser of said portion of said Fairmount lode claim under and by virtue of an agree- ment from the owners thereof. That the Anaconda Copper Mining (i'ompany is in the possession of the Anaconda and St. Lawrence lode claims, and of all of the shafts and undergroimd workings therein. (2) That, as petitioner is informed and believe®, certain underground workings have l)een made by said Anaconda Copper Mining C^ompany into the Fairmount lode claim. That there are certain veins or ore bodies which have their tojis or apices in the said Fairmount lode claim, but so far depart from a perpendicular in their downward course as to pass into the St. Lawrence and Anaconda lode claims be- neath the surface thereof, and that as j)etitioner is informed and l)elieves said Anaconda Copper Mining Company has been and is now engaged in extracting valuable ores from said Fair- 308 State ex rel. A. C. M. Co. r. Disr. Cr. [Mar. T. '02 mount lode claiin and the veins and ores belonging thereto, and that certain of the underground workings made in and extend- ing from the St, Lawrence and Anaconda lode claims arc upon veins and ore bodies which belong to said Fairmount lode claim. (3) That the only means of access to said underground work- ings is through the shafts in said Anaconda and St. T^wrence lode claims in the jx)ssession of said Anaconda Copper Mining Company and the underground workings in said claims and extending therefrom. That it is necessary for your petitioner to have a survey, examination, and inspection of all the shafts and undergnmnd workings in said Anaconda and St. Lawrence lode claims, and the underground workings extending there- from or connected therewith, in order to ascertain, protect, and enforce his rights to the Fairmount lode claim, and to the veins and ore l)odies belonging tliereto. (4) That on tlie day of August, 18pi), your petitioner served upon said Anaconda Cojyper Mining Company a demand and request in writing, of . which ^Exhibit A,' hereto attached, and hereof made a part, is a copy, but that said Anaconda Cop]x?r Mining Company has failed and refusc^l for more than three days since the service of said denuind and rexjuest u[K)n it to grant tlie-same, or to ])ermit your j)etitioner to have tlie survey, examination and in- spection therein reipiested. (5) That, as your petitioner is in- formed and believes, it will Ik? necessarv for him to have access to said shafts and underground w^orkings in tlie said Anaconda and St. Lawrence lode claims by at least six (6) persons for a period of sixty (GO) days, in order to make a proper and thorough survey, examination and inspection of the same. Wherefore ho prays an order of tliis court or the judge thereof requiring said Anaconda Copper Mining Company to appear and show cause why an order for survey, examination and in- spection of said Anaconda and St. Lawrence lode claims, and of all the shafts and underground Avorkings therein contained, should not be granted to him in accordance with the allegations of this petition.'' The notice referred to in the petition as "Exhibit A" con- r 2G Mont] State ex rel. A. C. M. Co. v, Dist. Ct. 399 tains a demand that the Anaconda Copper Mining Company, designated in the proceeding as defendant, permit the peti- tioner, with engineers, surveyors, and attorneys, to enter all the underground workings of both the claims mentioned in the petition as in the possession of the defendant,' for a period of thirty days, to inspect and survey them. In default of a compliance with the demand in three days, the defendant' was notified that an application would be made to tho district court for an order i>ermitting the desired in- spection and survey to be made. The demand having been dis- regarded, the petition was filed, and an order made requiring the defendant to show cause why an order should not be made pennitting the inspection and sun^ey. On September 2, 1899, — tlie time fixed for that purpose, — a hearing was had, and the matter submitted to the court. On December 7, 1901, the court, having had the ai>plication under consideration until that time, made tho following order: ''This matter coming on to be heard upon tlie petition herein for an order of survey, examination, and insi>oction of all of the shafts and underground workings in the Anaconda and St. Lawrence lode claims, or connected therewith, and an order to show cause having heretofore been issued and duly served upon said company,- .ind said respondent appearing by counsel, and said petition having been duly heard and considered uikdu the return of said crder to show cause upon evidence introduced by botli parties, the court finds that it is necessary that the pe- titioner have a survey and inspection. It is therefore ordered that you, the said Anaconda Copper Mining Company, give to F. Augustus Ilc'inze a survey, examination, and inspection of all of the shafts and underground workings contained within the Anaconda and St. Lawrence lode claims, situated in Sum- mit Valley mining district Silver Bow county, Montana, and of all of tlie underground workings connected therewith, and extending into '''lo Faimiount and Mountain View lode claims. It is ordered that George W. Towner, J. H. Trerise, G. H. liobinson, Brice N. Turner, Alfred Frank, and A. L. Stadler 400 Statk kx kel. A. C. M. Vo, i\ Djst. Ct. [Mar.T.'02 make such survey, examination, and inspection, eoninienciug on the 11th day of December, and ending on the 2 2d day of December, 1901, and that you, the said Anaconda Copper Min- ing Company, m all times during said period, upon the demand of said persons, or either of them, lower and hoist them through said shafts, and permit them to enter said underground work- ings; that you remove all bulkheads and obstructions which may be necessary to have removed to permit said survey, ex- amination, and fnsjK'ction. Said survey, examination, and in- spection shall Ik? made in such manner as to cause as little in- convenience as possible to the Anaconda Copi)er Mining Com- ])any, and said F. Augustus Ileinze shall be responsible to it for all damage done in making said survey, examination, and insi)ection. A copy of this order shall be sufficient notice to" said Anaconda Cojyjx^r Mining (\)mpany, its agents, servants, officers, and employes, of the right cf said F. Augustus Ileinze and the persons named in this order to make said survey, ex- amination, and inspection, and to enter the premises herein de- scribed for such purposa" On December 9, 1901, tlie relator made application to the district court for an order modifying the foregoing order, and restricting the extent of tJie examination, inspection, and sur\'ey allowed by it; but the application was denied. Thereafter, on • December 17, the relator filed anotlier ap^>lication in the pro- ceeding, asking the court to vacate and set aside the order en- tirely, upon the ground that since tlie date of the hearing upon the original application the petitioner, F. Augustus Ileinze, had transferred and conveyed all interest ho then had in the Fairmount lode mining claim, and had no further interest therein. This application was also denied. Thereupon, on January 2, 1902, the Anaconda Copper Mining Company filed its petition in this court for a writ of su^wrvisory control, or such other writ as, in the opinion of tliis court, might be effect- ive to grant the relief from the order so made, alleging that the applicatioil to the district court for the order was not in good faith, that it was in excess of jurisdiction, and made for 20 Mont.] State ex kel. A. C. M. Co. v. Dist. Ct. 401 the pur}X)se of liarassing and annoying the relator. Upon the filing of the petition this conrt issued an order to tJie district court and William Clancy, the judge thereof, requiring cause to be shown why the order should not be annulled as prayed. Thereafter, en .March 15, a w^it of certiorari was issued from this court dire'2:ing that the district conrt and its judge certify up the record of the pr<x»eedings had, to the end that the same might 1k^ reviewed. Mr. 11'. ir. Dixon, Mr. A. J. Shores, Mr. C. F. Kelly, imd Mr. I). Gay Stivers, for Relator. Messrs. McIIutton tf Cotter, for Defendants. MR. CHIEF JUSTICE BRA?CTLY, after stating the case, delivered the opinion of the court. The order complained of was made under and by virtue of the power which, it is asserted, is vested in the district court, or a judge thereof, by Section 1317 of the Code of Civil Pro- cedure. It was conteiided by the petitioner in the court below and the same contention is made by the defendants in this court, that this section authorizes the court, or its judge, to re- cpiire the owner of any mine to permit his neighlx)r, upon a showing: that such owner is or has been engaoredin minino: and extracting ores which may belong to the latter, or which he^ claims bv virtue of his extralateral rii^hts, to enter into the- workings made by such owner in his own premises, and to make such examination, inspection, and survey as may, in the judg- ment of the court, or its judge, l>e necessary to enable the per titiouer to ascc^rtain, enforce, or protect his rights. The con- tention is also made that, even if the statute dcx^s not, in terms, authorize an order granting permission to ins])ect and survey adjoining property owned exclusively by another proprietor, yet the court, by virtue of its inherent ]>ower as a cimrt of ecjuity, is authorized to grant such an order with reference to any adjoining or neiglilmring property or premises through Vol. XXVI-C6 402 State ex kel. A. C. M. Co. v. Dist. Ct. [Mar.T.'02 Avhicli trespasses may Le committed on the property of the pe- titioner ; and that, too, without regard to whether the court has jurisdiction over the proj)erty or the parties by virtue of the l)endency of a tuit in which the parties are seeking an adjust- ment of tlieir rights. On the other hand, the relator contends that this cliaractt^r of proceeding is statutory; that^ independ- ently of a suit involving the rights of the parties to the par- ticular property, the court, or ita judge, has no power in the premisi^s other than that conferred in terms by the statute ; and that by the ex])rc6s terms of the statute the power of the court or its judge is to be tested by the interest or ownership exhil>- ited l)y the petitioner in the projx^rty of which the inspection is sought or througli which entry for that purpose is necessary. In other wordsy it is said that, in order to bring himself within the purview of the statute, tJie \|)etitioner must show some sort of proprietary interest in the premises which are in the pos- session of liis adversary', and into or through which he desires to enter for in-^pwtion. 1. What power is conferred by the statute^ The section in question reads as follows: "Whenever any jx^rson shall have any right to or interest in any lead, lode, or mining claim Avhich is in the jK>ssession of another jierson, and it shall \ye necessary for the ascertainment, enforcement or protection of such right or interest that an insj)ection, examination or survey of such lead, mine, lode or mining claim should be had or made; <jr whenever any ins\|)ecti(>n, exajuination or survey of any such lode or mining claim shall he necessary to protect, ascertain or enforce the right or interest of any person in another mine, lode or mining claim, and the person in possession of the same shall refuse, for a period of three days after demand therefor in writing, to alio v such inspection, examination or survey to be had or made, the party so desiring the same may present to the district c(mrt, or a judge therof, of the county wherein the mine, lead, hide or mining claim is situated, a petition, under oath, setting out his interest in the premises, describing the sanie^ that the premises are in the possession of a party, naming him, 26 Mont.] State ex rel. A. C. M. Co. v. Dist. Ct. 403 the reason why such examination, inspection or sniTev is nec- essary, the demand made on the person in possession so to per- mit such examination, inspection or survey, and his refusal so to do. The court or judge shall thereupon appoint a time and place for hearing such petition, and shall order notice thereof to be served upon the adverse party, which notice shall he served at least one day before the day of hearing. On the hearing either party may read affidavits or produce oral testimony, and if the court or judge is satisfied that the facts stated in the pe- tition are true, ho shall make an order for an inspection, ex- amination or 'ijurvey of the lode or mining claim in question in such manner, at such time, and by sucli persons as arc men- tioned in the ,>rder. Such i)erson shall thereupon have free access to such mine, lead, lode or mining claim for the purpose of making such inspection, examination or survey, and any in- terference with such person \vhile acting under such order shall be contempt of court. If the order of the court is made while an action is pending l)etween the parties to tlie order, the costs of obtaining the order shall abide the result of the action, but all costs of making such examination or survey shall he paid by the }>etitioner." (Section 1317, Code of Civil Procedure.) So far as we are aware, the provisions embodied in this stx^tion are peculiar to our own jurisdiction. We find that the section was enacted by the territorial legislature of 1881 (Acts 12tli Sess. p. 10) as an amendment to the (^ode of Civil Pro<edure of 1879, and that it has been incor^yorated in all the revisions of this (J'ode since that time. The constitutional it\' of ii was called in question in St, Louis Min, di Mill. Co. v. Moniana Co,, 9 Mont. 288, 23 Pac. 510, and in the same case on error to the supreme court of tlie United States, 152 U. S. 160 (14 Sup. Ct. 506, 38 L. Ed. 398), but the extent of the ix>wer of th^ court under it h«s never been considereil or determined. It is asserted by counsel for the defendants that the relative situation of the parties and the ownership of the property involved in that case were the same as in the present case, and that the im- plied construction then given the section by this court i^ the 404 Statk ex kkl. A. C. M. Co. v, Dist. Ct. [Mar.T/02 same as that wliieli tlicv now contend for, and is of bindiiii' authority. The only questions presented in the briefs of coun- sel in that case, and the only ones considered and determined, are found stated in the opinion of this court at page 300 (^ -^[ont. page 512, 23 Pac). -They are restated in 152 U. S. at page 105 (14 Sup. Ct. 507, 38 L. Ed. 398), and were the only (pit\^tions considered l)y the supremo CDurt of thv? United Stales. These have to do with certain features of the legislation, Avhich, it was alleged, rendered it obnoxious to the provisions of the state and federal constitutions prohibiting the deprivation of property witliout due process of law. It was held to be con- stitutional, as not violative of these constitutional prohibitions; l)ut the relative situation and ownership of the property to which its terms apply were not considered, counsel having con- ceded (9 Mont. 299, 23 Pac. 512) that the order was properly made if the section was not open to the constitutional objeeticn urged against it. Where a suit is pending involving the rights of the parties to the particular property, the court proceeds under Sections 1314 and 1315 of the Code of Civil Procedure, and under them the inspection may be made n'^t- withstanding it involves a temporary occup-ancy of ether projv erty than that in controversy. These sections are but declara- tory of the inhrirent power of courts of equity (perhaps, also, of courts of lav.), and rest upon the principle that the parties should be enabled to put the court in possession of all the facts touching the controversy, to the end that their rights may be properly adjudicated. (State ex rel. Anaconda Copper Mining Co. v. Diatri^'t Court of Second Judicial Dist. of Silver Bow Co., 25 Mont 504; 65 Pac. 1020 ; Moniaim Co. v. St. Louis Min. & Mill. Co., 152 V. S. 160, 14 Sup: Ct. 506, 38 L. Ed. 398.) The power of the court under these sections is limited only by the necessities of the pending action. As to Section 1317, w\e are aware of no case in which the extent of its ai)plication has been considered, and the question of its proper construction is now presented for the first time. "We must, therefore, refer to the statute itself, and determine 2(» Mont.] State kx rkl. A. C. M. Co. v, Dist. Or. 405 from tlio terms employed in it what circumstances are neces- .sary to put the power of the court in motion. Passing, for llie present, the cliaracter of the interest neces- sary to be exhihiteil by the petitioner, and assuming that an exliibitii/n of any interest, though a disputed one, is sufficient, it seems clear (hat the inspection must be limittxl to premises in which the petitioner has some sort of proprietary interest. The puqK)se of the inspection, is twofold, namely: (1) To ascertain whether the right or interest of the i>etitioner in the property in possession of the adverse party is being injure<l; and (2) to ascertain by inspection of such premises whetlier the right or interest of the petitioner in other premises is being injured. The first clause* of the statute applies to "any lead, lode or mining claim" in the possession of another, in which the petitioner has an interest. It has reference to a property riglit in the very premises sought to be inspected, and proceeds upon the just Mieory that an obligation rests upon the party in possession to permit the inspection upon a proper demand for permission to nake it. The puqwse served is to ascertain the rights of the party not in possession, and to furnish him with the facts necessary to enable him to protect his interests, if they need protection. The second designation of projxjrty with reference to which the order may be niiMe is expressed in the words: '0r wdien- ever any insp<Jction * * of atry such lode or mining claim shall bo necessary to ])rotect, ascertain or enforce the right or interest of any jx^rson in another mine, lode or mining claim, and the person in possession of the same shall refuse," etc. The words 'any such lo<Je or mining claim" clearly relate to the same character of lode or mining claim as that mentioned in the first clause; that is, one in which the petitioner has an interest, and which is in the ]X)ssession of another. The w^ord ^'such" in its ordinaiy sense, in the connection in which it is here used, signifies "the same as previously mentioned or speci- fied; not other or different." (Century Dictionary.) In this .<»c^nse it is used with reference to some antecedent w^>rd or 406 Staim.: kx kkl. A. C. M. Co. v, Dist. Ct. [Mar.T.'02 l)lirase, and signifies that tlie word or phrase of which it is nia<k an attribntive — as, in this instance, "lode or mining claim" — is to be nnderst-ood as indicating something of the same chiss or in the same situation as the \3ne alreadv described, and to whidi it reefers. In this sense it nuist be nsed liere, else it must, be coFisidered as without anv signification, and the j)hrase V//i// tiurh lodr or minin/j claim should otherwise be read '^ony lode or miniiuj claim." This disposition of the word would {»ive the jJirase the meaning contendcHl for by the de- fendants, but would do violence to the elementaray rule of con- structi( n that n'erv word of a statute nnist l>e given a meaning, if it is pcjssibli- to do so. Another rule equally applicable in this conncx^-tirn js that the terms em])loyed in a statute are pre- sumed to l)e us(mI in their ordinary s(^nse, unl(ss it is aj>parent from the ccmtext or from the subjcvt-matter that they are used in a diflferent or sj)ecial sense. That the word ''such' is not used in any special sense here is manifest ivoxa the context, in which it is sever.il times used with reference to other previously descrilK'd objects, but always in the same sense. The conclusion that the meaning we have given it is the proper one is further strengthened by a consideration of the matters which must be set forth in the ])etition. The petitioner must state his interest in the premise's which he desires to insiXH^t. He must describe the same. He must state tliat the premises are in the jx)Ssession of a ])arty, naming him. lie must state the reason why the iiisj)ecti(.n is necessary, and that demand has been made upon the ])arty in possession. He must s{»t forth an interest in the premisses to be iiis])ect<Hl ; whether the })ur\|x>se is to ascertain, l)rotect or enfor».e his interest in the particular property, or an iiU(rest owned by him in an adjoining property. The use of the word prnn!^rs" indicates that the interest owned or claimed must 1k» Mich an interest as is the sul)j(x»t of a conveyance, — such as an interest by tenancy in conunon, leasehold, reversion, or other interest of like character. The asserted rirfit to enter within the vertical ])lanes of the Innindaries of the proi)erty from an adjoining claim — -as in this case from the Fairmount 20 Mont.] Statk ex rkl. A. 0..M. Co. v. Dist. Ct. 407 claim into the Anaconda and St, Lawrence — is not such an in- terest as would meet the requirement, for such an interest would not pass by virtue of a conveyance of either of the latter claims. These extralateral rights, if tliey exist at all, consti- tute an interest in the Fairmount claim. Thev can onlv be <lescribod as such, having l)een obtained by a grant of that claim l>y the j)atent, nnd are convey able only by virtue of the estate owned in that claim. It is to he observed, further, that the petition need not charge the adverse partly with a wrongful possession. The only wrong to be charged is the refusal to i)ennit the inspection. This feature also very strongly implies that the whole basis of the proceeding is seme interest or ownership in the property itself Avhich is a subject of conveyance, and supports the contention n{ the relator »hat the legislature manif(stly did not intend tluit one person should be allowed by a summary proceeding to invade the ])roj)erty of another, and make inspwtion of it, merely because ^uch an insi>ecti(>n might iKmeiit the applicant. In anv eveut, if it was intended bv the act to accord to an owner cf a mining claim or lode the right, ui)on demand, to enter u])on and insj>ect pro\|x»rty in the jx)ssession of his neigh- Iwr, and l>elongiug exclusively to him, with a view to determine whether the latter is cf)nuuitting a tres])ass, the legislature faile<l to use terms suitable to express such intenticui. "Every citizen holds his property subject to the power of the state to prescril)e reas(m d)le regulations for the [mitection of the prop- erty and rights of others." (State (\r rel. Anarondu Copper Miniiifj Vo, v. District Court of Second Judicial Dist., :^5 Mont 504, (J5 Tac. 1020.) But, l^eyond sustiiining the reasonable burdens thus imposed u])on him, he is not required to submit to any invasion of his ]>ro]K^rty or ]K>ssessions ; and no court <.r judge has the ]K)wer to interfere with him in the enjoyment (»f his j)r(;])erty, except so far as such interference may be war- ranted by the inherent power of the court or by ex])re?s legis- lative sanction, and then only in the interest of justice. Tt does not appear that the petitioner has any interest in the 408 State kx kkt.. A. C. il. Co. r. Disr. Ct. [Mar.T.'02 Anaconda and St. Lawrence claims. The basis of liis asserted right to enter the relatir's shafts, drifts, and other workings in tlici^e claims is the supposed existence of extralateral rights upon a vein the ajiex of which is within the b<nindaries of the Fairmonnt claim. Under the construction we have given the statute, — and, in our oi)inion, it is the only construction of wliich it is fairly susceptible, — the exhibition of this right is not sufficient to give the court, or it^s judge, jurisdiction to make the order. Counsel for tU fendant suggest that, unless this l)e declarcnl a sufficient showing of intercut to warrant the order, one owner may trespass with impunity ujyon another, while the latter is left without the means of discovering the fact and extent of the wr(>ng done him. So far as concerns tho right of inspec- tion, when no suit is pending in cases in which the property is in the situation presented in this case, the suggestion seems to be i)ertinent ; but the nec€ssity for a remedy, if there be such a necessitv, is a matter which should be submitted to the con- sideration of the le2:islature. It is an exclusive function of that de])artment of \hc government to furnish the extraordinary sumniarv remedv which the circumstances of this and like cases demand. Tho ]xtitioner is not remediless, however. If he has information, as he alleges, that trespasses are being committed upi^n his proi:eity, the way is open to him to invoke the pre- ventive j)ower of the court in an ordinary action, whereupon its authoritv to assist him to ascertain the facts necessary to full relief will Ix limited onlv bv the necessities of the case. '2. We do u^)t understand upcn wdiat theory the defendants assert that a co\irt of equity has inherent jwwer, independently of a ])ending .action, in which it has jurisdiction of the parties and the ]>ro]>erry in controversy, to make the order under con- sideration. There is nothing in the petition which invokes jmy of the ordinary jiowers of a court of equity; nor has our atten- tion biH^n calknl to anv case wherein anv court, in the absence of statutory autliority, when no suit was pending between the jiarties, has assumed, in a summary way, to adjudicate per- :2<) Moiit.J Statk ex kkl. A. C. M. Co. r. Dist. Ct. .409 sunn I or jiropcrty rights. There are many cases reported in Avhieh ins\|:eeti«)n orders have l)cen made, but in none of them <lc» we lind the »?onrts assuming the power to make them exeept in aid of tlie rigjits of the parties, whicli were being adjudicated in the ordinary way. Even in such cases the ]wwer is used Avith cautit n, and only when it is apparent that its exercise is iieeerssary to seive the ends of justice. Among such eases are the following, being all the American and English cases which \ve have been able to examine: Earl of Lonsdale v. Curwcti, :5 Bligh, l(iS; Walhr v. Fletcher, Id 172; United Co, v. Kya- a.sfon. Id. 1. ■).'$; Blakeslvy v. \\hicldon, 1 Hare, 17(); Lewis v. JIarsh. S Hare, DT ; Bennitt v. Whitchouse, 2S Beav. 110; Jivnneit v. Uriffiilis, oO Law J. Q. B. t)8 ; Whaley v. Brancler, 10 Law T. (N. S. ) 155; Thomas Iron Co, v. Allentoirn Min, Co,. '!>< X. rL Va\. 77; Thornhury v. Snrage Min. Co., 1 Pac. Law ilag. '2iu ; iStockhridye Iron Co. v. Co-ne Iron Works, 102 [Mass. SO; Duyyan v. Darey, 4 Dak. 110, 2G X. W. 887. Most of these cases are also re])orted in volumes 7 (pages 607-696) and S (pages 1-41) of ^lorrison's Mining Iteports. There are dfiubtless other cas(^ in \|K>int, but the foregoing are sufficient to sustain the general proix)sition stated that courts do not as- sunie to adjudicate the rights of parties in r* summary pro- cee<ling without express statutory authority; and in no case do they authorize eritry upon the proj^erty of parties over whom they have acquired jurisdiction, exce])t when the necessity of the case demands it in the interest of justice. The case of Thomas Iron Co, v. Allentoirn Miiu Co., supra, would seem, uiMJU a casual reading, to support the contention of defendants, but a careful examination of it shows it to have been a pro- ceeding in equity for injunction to restrain the defendants from ]>reventing the complainant from entering a shaft sunk upon its own ])r()j)erty and the workings connected therewith to dis- cover the extent of a trespass committed by defendants, and also for an accounting of ores extracted. Another purpose of the action was to ]>rcvent the defendants from destroying the sii])]w,rts left in the mine, thus allowing the surface to cave in 410 State ex kel. A. C. M. Co. v. Dist. Ct. [AIar.T.'02 and fill the excavations, and also by this means to flood thoni with surface water, thus destroying the evidence of the tres- pass. The inspection was allowed under the injunction. Thus it appears that the power of the court was exercised by virtue of its ordinary <^uity jurisdiction by injunction, upon allega- tion of facts properly invoking it. It also appears that tlie (piestion was whether the court shoukl j>ornut the complainant to enter through its own property. •3. Speaking generally, and in order to disp^jse of sugges- tions/made during the argument of counsel, the last provision of the statute ^eems to require the costs of the survey and in- spection, as well as of obtaining the order, to l)e paid by the l)etitioner. The only burden cast uixin the adverse party would seem to be to grant free access to the proiKrty. The authority to make the order in a particular case would nwessarily carry with it also aurhoritv to make the order eifective, so that all the appliances in use to facilitate ingress and egress should be made available to the persons making the inspection, the addi- tional expense being paid by the petitioner. The order should provide for comingencies of this character. At the same time the court should not, as in this instance, grant an inspection of, or permission i.> enter upon, property not mentioned in the petition. The Mountain View claim is mentioned in the (»rder. It does not ap[:ear, however, who is the owner of it. It is not described in the i>etition. The court would, imdrr no circimi- stances, have authority to invade the rights of j)ersons not par- ties to the suit or proceeding. The order should not have in- cluded this claim. The order is idso subject to criticism in that it does not limit in any way the discretion of petitioner's agents as to the extent of the inspection. They are given unlimited discretion to in- spect any working's in the Anaconda, and St. Lawrence claims, or anv connected with them in any direction. The order should be limited to the necessities of the case, and explicitly direct the extent to which the inspection and survey should go. !Much was L-aid in arirument bv counsel as to whether the 2() Mout.] State ex rel. A. C. M. Co. v. Dist. Ct. 411 right or interest claimed by the i>etitioner in a proceeding un- der this statute must be an undisputed one. We would not undertake to go further at tliis time than to say that under the first clause of the statute the petitioner must exhibit at least a substantial prima facie interest, which it is necessary for him to protect or enforce. Under the second clause the neccoeity to show an interest both in the premises to be inspected and in the property to Ix^ ])rotected would be ineasurod by tlie same rule. The order of the district court was wholly in excess of jurib- diction, and is therefore annulled. AnnitllcfJ. Ox Motion for Reuearing. (Nob. 1,759 and 1,775.) (Submitted May 2G. 1902. Decided June 2, 1902.) :MK. (IIIEF JUSTIC^E BPiAXTLY delivered the opinion of the court. Counsel for defendants have submitted motions for a rehear- ing of these causes, with elaborate briefs in support of them. They contend that the court rested its decision of the question involved upon i view of the statute which v^sls not discussed either in the oral argument or briefs submitted at the hearing. They say that it did not occur to them that any special sig- nificance was to lx> given to the ])hrase '^any such lode or min- in«: claim,'' and that thev did not deem it nece.<sarv in their argument and briefs to discuss it. While it is irue tliat the briefs upon which the argument was made at the hearing containe^l no direct reference to the meaning of this expression, yet, owing to the importance of 26 434 412 Htatk kx kkl. A. C. M. Co. v, Dist. Ct. [Mar.T/02 the qiK'sti(.n involved, and following suggestions made by ques- tions put by different members of tbc court during the course of the argument, counsel on l)Oth sides asketl and obtained leave to fib' sui)j)leniental briefs devoted to a discussion of the proper construction to I o given to the st^itute and the extent of the powcu-s conferred by it. In these briefs both sides dwell at some length upon the meaning of the plirase "any such lode or mining claim'' .^.nd its significance, in view of the matters which are required to he set forth in the petition for an inspection order. We ha/o re»-examined carefullv all these briefs, to- gether with the briefs submitted on these motions. These lat- ter contain no s\iggestion which was not given full consideration in the preparation of the original opinion. Wo are of the o})ini()n, after such re-examination of the question involved, that a rehearing would not result in a different conclusion. The motions are therefore denied. Denied. S IS' STATE Kx KKL. A]S'A(.X)XDA (X)rPER MIXING COM- PAXY, Rklator, r. DISTRICT COURT OF THE KE(X)XD JUDICIAL DISTRICT et AL., Respondents. (No. l,77r».) (Submitted February 14, 1002. Decided April 15, 1902.) For syllabus see Utatc ex rcl Auaconda Copper Mining Co. v. District Court €t a1., ante page li'Mi. dcriiorari by the state, on the relation of the Anaconda Cop- per Mining ( 'oinpany, against the district court of the Second judicial district, and the IFon. William Clancy, judge thereof, to revicAv an order made ]>v the court. Order annulled. 2G Mont. ] Statk ex kel A. C. M. Co. v. Dist. Ct. 413 J/r. W. \\\ Dixon, Mr, A. J. Shon-es, Mr. C, F. Kelly, and Mr. D. Gay Stivers, for Relator. Mr. W. C. Jones, for Kespondents. MR. CHIEF JCSTICE BRANTLY delivered tlie opinion of the eourt. On January 21, 11)02, there Ixdng no suit x)ending between the parties involving their respective claims or either of tliem^ F. Augustus lleinze filed his petition in the district court 'of Silver Bow countv, askiuii; for an order under Section 1317 of the (^ode of (^ivil Prcjcedure, pennitting him -to enter into the workings in the Anaconda and St. Lawrence claims, in tlie possession of relator, and to inspect and survey the same in order to determine whether the relator was committing a tres- pass upon the Belmont (3laim, in possession of petitioner and lying to the south. The petition alleged, upon information and belief, that relator, by means of underground workings, had entered beneath the Belmont claim and was engaged in extracting ore belonging to petitioner. It was also alleged that permission to enter and make the inspection and survey had been refused by relator after demand made in conformity to the statute. A hearing was had under an order to show cause, which re:3ulted in an order ix}rmitting the inspection and sur\'ey to be made. Thereupon the relator applied to this court for relief from the order, alleging that the district court had no jurisdiction to make the same. After a hearing upon the application, this court issued a writ of certioraH directing that the proceedings had be certified to this court for review. The questions presented in this case are in all respects the same as those presente<l in State ex rel. Anaconda Copper Min ing Co. v. District Court (ante^ 396, 68 Pac. 670), this day decide<^l. Tlie situation of the claims of the ]>arties is the same. The petitioner, by the statements contained in his petition, shows that he has no interest in the premises in possession of 26 414 83 5\| 414 Frary V. DwYEK. ^ [Mar.T/02 relator through which entry is sought to be inade. Upon the authority of State ex rel. Anaconda Copper Mining Co. v. Dis- trict Court, supra, the court was wholly without jurisdiction to make the order. It is therefore annulled. Annulled. Motion for rehearing denied, June 2, 1002. [For opinion on motion for rehearing, see ante^ 411.] FRAKY, Appellant, r. DWYEK, IIespoxdent. (No. 1,446.) ' On Motion to Dismiss Appeals. (Submitted April 14, 1902. Decided April 15, 1902.) Underiahing on Appeal, An imdertaklng on appeal from a Judgment and from an order denying a mo- tion for a new trial approved. (Following Watkins v. MorrU, 14 Montana 354.) Appeal from District Court, Cascade County; J, B, Leslie Judge, Action by W. S. Frary against William R. Dwyer. From a judgment in favor of defendant, and from an order denying a motion for a iitw trial, plaintiff appeals. Motion by defend ant to dismiss the appeals. Motion denied. Mr, F, A, Merrill, for Appellant, Mr, T. E, Brady, for Respondent. 20 Mont] Fbary v. Dwyek. 415 MR. CHIEF JUSTICE BRA]S^TLY delivered the opinioD of tlie court. The defendant, and respondent, has submitted a motion to dismiss tlie appeals herein on the ground that the undertaking filed with the clerk of the district court does not conform t<j the requirements of the statute. The appeals fcre from a judgment and an order denying plaintiff's motion for a new trial, and the undertaking is the same in form and substance as those approved in WatkUis v. Norris, 14 Mont. 354, 36 Pac. 452, and in the following cases 5 liamscy v. Burns, 24 Mont 234, 61 Pac. 129; Nola7i v. Mom tana Central Railway Company, Id. 327, 61 Pac. 880; Liviiuj- ston Smelting and Reduction Company v. Lynch et al,. Id. 241, 61 Pac. J 134; Malioney v. Butte Hardware Company ^ Id. 242, 61 Pao. 1134; Bmicherx. Barsalov, Id. 242, 61 Pac. 1134; Teagnc v. John Caplice Company, Id. 242, 61 Pac. 1134. The respondent relies upon the case of Baker v. Butte City Water Company, 24 Mont. 31, 113, 60 Pac. 488, 817; of this case it was said in Ramsey v. Burns, supra, that it i? ^ biased uiK)n correct reasoning, reaches a correct result, and is approved." But a clear distinction is p<3inted out between thci form of the undertaking examined in Baker v. Butte City Water Company and of those examined and approved in Wat- Jcins V. Mon'is and the other cases cited supra. Baker v. Butte City Water Company is not in point. The motion is denied. Denied. Mk. Justice Pigott, having been of counsel during the pendency of this cause in the district court, takes no part in this decision. 416 ' Statp; kx kel. IIkixze v, Dist (^t. [Mar.T.'02 j^ ^j^ STATE EX REL. HEIXZE et al.^ Rel^vtoks^ l'. DISTRICT ^^ COURT OF THE SECOND JUDICIAL J5 tg\| DISTRICT ET Ai.., Respondents. (No. 1,751.) (Submitted January 6, 1902. Decided April 21, 1002.) Mines and Min'uuj — Conflicting Mining Claims — Inspecfioa and Survey trending Suit — Orders of District Courts — Dis- cretioti — Supreme Court — Supervisory Control, 1. Under Code of Civil Procedure, Sec. 1314, allowing an Inspection order to be made at any time pending an action to determine mining claims, the order may be granted before the issues are framed. 2. Under Code of Civil Procedure, Sec. 1314, authorizing an inspection order in actions to determine mining claims, where the respective parties assert title to certain ore bodies, each basing his claim on an asserted ownership of the apex of a vein, to determine which will necessitate a following of the vein from the surface, the court may properly grant an order requir- ing the owner of the surface! openings to allow the other party to enter such openings for the purpose of surveying beneath the surface, though the latter party had complete maps up to the commencement of the suit, after which It was excluded, and work of removing the ores rapidly pushed. 3. Where, In a suit to determine ownership of certain ore bodies, the parties base their respective claims on the asserted ownership of the apex of a vein, to determine which will necessitate a following of the vein from the surface, an order requiring the owner of the surface openings to allow the other party to enter such openings for the purpose of surveying be- neath the surface should be limited to those openings alone an Inspection of which is necessary to determine the Issues, though examination should be allowed of all the workings made in pursuit of the vein In the direction of the strike, to determine the continuity of its direction as well as the angle of the dip. 4. Under Code of Civil Procedure, Sec. 1314, authorizing an inspection order In actions to determine mining claims, the fact that a temporary Injunction has been Issued does not preclude the Issuance of the inspection order, as such provision makes no distinction as to the character of relief sought. 5. Where, in a suit to determine a mining claim, operations are continued pending the action, the court may properly designate employes of the adverse party to make weekly Inspection of the premises under reasonable restrictions. 6. The propriety of granting an order of Inspection and survey, under Code of Civil Irocedure, Sec. 1314, lies very largely in the discretion of tlie trial court. 7. Inspection orders should always be limited by the necessities of the case. Originate petition for a writ of suix^iTisorv control, bv F. Augustus Ileinze and otliers, against the district court of tho Second judicial district and another. Modified and granted. 26 Mont.] State ex bel. Heinze v. Dist Ct. 417 Messrs. McUaHoii & Cotter, Mr, J, M. Denny, and Messrs. Toole & Bach, for Relators. Messrs. Forhis & Evans, for Respondents. iMR. CHIEF JUSTICE BRAKTLY delivered the opinion of the court. Application for writ of supervisory control. On March 30, 1901, F. Augustus Heinze and the Johnstown Mining Com pany, a corporation, filed their complaint in the district court of Silver Row county against the Boston & Montana. Consoli dated Copper k Silver Mining Compajiy, alleging, in sub- stance, that they were the owners of the Minnie Healy min- ing claim, in Summit Valley mining district. Silver Bow county, Mont, and of certain veins having their tops or apices therein; that the defendant, by underground workings made within and from adjoining property and premises in its pos- session and control north of plaintiffs' premises, had entered l>eneath the surface of the Minnie Healy claim, particularly that portion of the claim lying east of the west end lines of the Piccolo and Gambetta claims: that bv means of certain crosscuts, tunnels, etc, defendant had cut into the veins or lodes belonging to the plaintiffs, and w^as engaged in removing ore therefrom; that the defendant had entered into the pos- session of these portions of the ^linnie Healy veins belonging to plaintiffs, and had ousted and ejected plaintiffs therefrom; and that the defendant asserted title thereto adversely to the plaintiffs, but that such claim of title was w^ithout any founda- tion in fact. The complaint concludes with a prayer that the l)laintiffs be decreed to l>e the owners and entitled to the pos- session of said veins and ore bodies tliroughout their entire depth, even though in their descent into the earth they so far depart from a perpendicular as to ])ass beyond the lx>un(lary of the Minnie Healy and into the ground of the defendant ; that defendant be required to set forth its adverse claims in order that they might be adjudged to be without foundation;. Vol XXVI-27 418 State ex kel, Heinze v. Dist Ct. [Mar.T.'02 that the title of the plaintiffs be forever quieted ; and that the plaintiffs have general relief. On August 17 thereafter, upon application of plaintiffs, on the complaint, supported by affi- davits, the court issued an order requiring the defendant to appear and shovv^ cause on August 31, why an injunction should not issue to restrain it from removing any ores from the dis- puted veins and ore bodies pending the suit, and in the mean- time to cease its operations until a hearing could be had under the order. The order also restrained the defendant from min- ing and extracting ore from certain portions of a lode within its own ground north of the south side line of the Piccolo, to which the plaintiffs claimed title by virtue of their extralateral rights upon the veins described in the complaint. gJB LEoNSRD SHKFT The situatio?! of the claims of the resi)ective parties, and the subject of the controversy between them, may be readily un- derstood by refi?rence to the subjoined diagram. The Piccolo and Gambetta claims to the north belong to the defendant The }X)rtions of the surface of these claims which conflict with tlie Minnie Ilealy, as its location was originally made, are ex- cluded from the ]\Iinnie Healy patent, and there is no question 26 Mont] State ex rel. Heinze v. Uist Ct. 419 as to surface rights. The legal title to the Dayton claim is in the defendant corporation, but an interest therein is claimed . by F. Augustus Heinze and his brother, Arthur P. Heinze. The ore bodies in controversy include those found on the 800 and 900 levels in the triangular portion of the Piccolo claim immediately to ;he north and in the neighborhood of tlie south line of the Gambetta, the plaintiffs asserting that these belong to the veins which have their apices to the south in the Minnie Ilealy and pass through the east and west end lines of the claim. Their claim is therefore based upon an asserted right to follow these veins on their dip toward the north, and into the ground of the defendant. Though it docs not appear at what angle the Minnie Healy veins dip into the earth, it does distinctly appear that the purix>se of the action is to settle the coutroversv as to the title to the ore Ixxlies, not onlv within the surface boundaries of the Minnie Healv claim, but also within the l)oundaries jf the Piccolo and Gaml)ett'a claims. The plaintiffs' workings are reached through the ilinnie Healy shaft The defendant conducts its operations through the Leonard shaft. On September 3, 1901, the defendant in that cause filed its petition therein in the district court, alleging that its only means of access 1o the workings made by the plaintiffs through the Minnie Healy ground was through the Minnie Healy shaft, and asking that it be allowed access to the Minnie Healy claim and the w^orkings therein for the purpose of making an inspec- tion and survey to obtain facts to enable it to make defense to the suit This petition was heard on Xovember 14. On De- cember 7, after consideration by the court, the order granting the inspection and survey was made according to the prayer of the petition, and it was ordered that the defendant have access to the Minnie Healy claim and all openings therein for the space of ten days, through its agents and representatives, not exceeding six in number, with a surveyor's assistant. The plaintiffs were required to furnish ingress and egress, and to hoist and lower the defendant's representatives into and from 420 Statk ex kel. IIeinze v. Dist Ct. [Mar.T/02 tlie i>reiiiises. It was also further ordered tliat two representa- tives of the defendant Ik? ix>nnitte(l to enter the Minnie Healy workings at least onee each week to inspect and examine the work therein os it ])roeeeded, until the determination of the action. On l)e<^niber 19, 1901, the plaintiffs in that suit filed their petition in this court asking this court to issue its order of supervisory control directed to the district court, and reijuir- ing it to set aside and vacate the order, on the ground that it was not justified by the showing made at the hearing, and that it was oj)pressis'e. The question now l)eforo this court is whether the relators, plaintiffs in the action in the district court, are entitled to tho relief sought. It is argued on l)ehalf of relators that the order was not justi- fied, because the evidence adduced at the hearing showed no necessity for it. It appears that the court refused an injunc- tion pendente lite, at the hearing under the order of August 17, and that the cause stood on demurrer at the time the order now complained of v;as made. It is thus manifest, counsel say, that there is yet no defined issue to try, and that the inspection order, if made at all, should have been deferred until the issues in the case should have been made up. We do not think this position tenable. The application was made under the author- ity' of Section 1314 of the Code of Civil Procedure, which al- lows an inspection order to be made at any time during the pendency of the action. The purpose of the section is to en- able the parties to present the facts of the case to the court, so that it may intelligently adjudicate the rights involved. {State ex rel. Anaconda Copper Mirdn/j Co. et al. v. District Court, 25 Mont. 504, 05 Pac. 1020.) In order to do this it is often necessary that tae parties should be in possession of the facts at an early stage of the action, so that they may be able to frame intelligoiitly the issues to be tried. Issues pi-operly framed are as esr^ontial to a just and fair trial of the rights of the parties as are the facts necessary to support them. The petition alleged^ among other things, that the order was nee- 20 Mont.] Stat?: ex hel. IIeixzb v. Dist Ct. 421 Or^sary to enahle tlie defendant to ascertain its rights in the premises, and (lie court, as it should, allowed it to produce its evidence to support this allegation, evidently ujx)n the theory that it require^l other facts than those already in its iwssession to enable it to frame its defenses. To the evidence thus ad- <luced tending to show cause for the order, as required by the statute, must our attention be directed in order to determine whether the action of the court was pro]>er. It must be borne ill mind that die resjxctive parties assert title to certain ore Ixidies, each basing its claim thereto uikhi an asserted ovvner- tiliip of the apex of a vein or veins, to which they belong. The question to be tried in the cause is whether the apex is in the <2;'round of the [>iaintiffs, or in that of the defendants in the action. In ordc^r to determine this, it will he necessary to fol- low the workinirs from the surface to where tli^e ore bodies are situated, and to present to the court at the hearing all the l>liysical and geological facts from the point of view of both parties, not only as they Avere oi)en to obser\'ation at the time the action was brought, but from time to time as development progresses. The evidence tended to show that prior to the filing of the complaink the defendant in the action had free access to the iilinnie Ilealy v/orkings, and that it had complete maps of all the work done up to that time. After that date, however, and until the hearing, it had been excluded from the mine, while "work was constantly being pushed and ore was being removed at the rate of several hundred tons p^ day. Access is not IMJSsible, except through the Minnie Ilealy shaft, and the con- ditions revealed by the work done from March until Septem- l>or were entirely unknown to it. The propriety of granting such an order la any case lies very largely in the discretion of the trial court. Under the facts presenteil, we cannot say that the court abused its discretion. If it had appeared that the defe^ndant ^vas altogether ignorant of the development w^ork done by the owners of the Minnie Healy mine, we apprehend that no comjdaint would have been made of the order. It is 422 State kx rel. IIeinze v. Dist Ct. [Mar.T.'02 upon til is (ievelopiiient, and the facts as they appear to them, that the plaintiffs base their claim of title to ores beneath the surface of defendant's claims. The defendant, under these circumstances, v^ould have l>een entitled to the order, ahnost as a matter of course. The necessity to know the facts as to the develojmient done during the time elapsing from March luitil September was no less urgent. That it already has part of the information obtainable under the order is no sufficient reason whv the defendant is not entitle<l to the rest. In anv event, we do not think that we should direct the district court to vacate the order entirely and postpone the examination until the issues have been made up. It may he that before that time arrives imjDortant openings will have l^ecomo destroyed by cav- ing, or filled with waste, thus rendering the inspection more difficult and exi)ensive. We think, liov;ever, that the order should be modifieil in one im}X)rtant particular. It a]>])ears that the owners of the Min- n^ie Healy mine have extensive workings to the south, lx)th with- in their own boundaries and l)eyond them into adjacent claims. The order is extensive enough to permit an inspection and sur- vey of all these workings also. It should have l)een limited to those only a knowledge of which would avail the defendant ; namely, those extending easterly and westerly along the lodes, and from these north toward and into the Piccolo, Gambetta, and Dayton claims. Xo controvei^sy exists l)etw^een the parties as to the facts j-hown by the o])enings to the south. There is no fact in the record .to warrant an order wuth reference to them. Ins])ection orders should always Ix? limited by the ne- cessities of the cai-e. When they exceed this limit, they become the means of oppression. Facts might })erhaps he show^n justi- fying an order extending the survey to the whole of the Minnie llealy claim ; but they do not aj)])ear in this record. ' It is argued by counsel for the relators that the order should not extend to the o])enings into the Dayton claim. It will be observed, however, that the claim is made by the relators that the veins in controversy dip toward the north and cross both 26 Mont.] State ex rei-. Hkinze v. Dist Ct. 423 of their end liiMjs. The defendant should be allowed to exam- ine all the workings made in pursuit of these veins in the direc- tion of their strike, in order to determine the continuity of their direction from east to west, as well as the angle of the dip. Observations made beyond the west end lines of the Pic- colo and Gambetta might l)e of material assistance in deter- mining conditions east of that ix>int and within the sphere of the actual controversy. It is also suggested by counsel for relators that Section 1314, iiui^ra, does not authorize an inspection order in a case in which an injunction lias been issued, since to permit entrj' by the en- joined party during the i)endency of the injunction dissolves it IjI'o ianto, whicli may be done only uiK)n motion made for tliat purpose at the proper time. A sufficient answer to this suggestion is ihat the statute makes no distinction as to the cliaracter of relief sought in the particular action. Further- more, upon the relators' own showing, the injunction asked for in the cause \va?5 denied. The suggestion, if of sufficient im- portance to demand consideration in any case, is not i>ertinent here. It is not unusiial in controversies of this character to permit insjicctions froiii time to time as oj)erations progress during the j)endency of the action. In this case the relators are pursuing their operations in the- disputed territory. We do not think it improper for the court, under these circumstances, to peniiit two employees of the defendant, designatcHl l)y name, to make weekly insjKviion of the ])remises under reasonable restric- tions. The insiKvtion should Ik limited to the necessities of the case, as herein indicated. In other refti)ects the order was properly made, and nmst therefore stand. The writ will accordingly issue, directing the district court to modify the order so as to })ennit the survey and inspectiem of all the o])enings in the Minnie Ilealy claim along the veins in controversy, from east to west, and also all openings made 424 State ex iiel. IIeinze i'. Dist Ct. [Mar.T/02 by relators in pursuit thercn^f toward the north, whether the same be w^ithin or without the boundaries of tlie claim, spe- cifically restricting the inspection of these limits. Modified. Ox KeII EARING AXI) iloTION TO MoDIFY THE JlOGMEXT. (Submitted May 6, 1902. Decided May 12, 1902.) MR. CHIEF JUSTICE BRAXTLY delivereil the opinion of the court. lielators have* submitted a motion for a rehearing herein, basing it upon several gi'ounds, all of which question the suffi- ciency of the evidence to sup})ort the order made by the district court. This was the principal contention made at the hearing. After a careful examination of the facts presented, aided by argument of counsel, we reached the conclusion that the con- tention could n Jt be sustained. Xothing is now called to our attention which we think justifies a change in the view then taken. Since the o])inion in this case was written we have had occasion to consider in another case the nature of the sliowing necessary to supi)ort an insjx^ction order in a ]>ending action, with the result that we are confirmed in the conclusion reached u])on the investigation of this case. (Slate ex rel. Geyman v. Distrid Court. .20 ilomt. 4:3.], 68 Pac. 8C1.) The motimi for a rehearing is therefore denied. Counsel for defendants, in connection with the motion for rehearing, have submitted an application for a modification of the order made in the case by this court, so that it may point out definitely 'vhat jx>rtions of the workings in the Minnie Ilealy claim are excluded from its operation. It was our pur- pose^ to have the inspection extend to the openings on all the 26 Mont.] Statk ex kkl. IIeinze r. Dist Ct. 425 veins in controversy in tlie action in tlie district court, as de- scrilKHl in the <^^-oniplaint. They are descrilx'd therein as pass- ing through the east and west end lines of the Minnie Healy claim, and having their apices between the south side line of the Piccolo claim, as surveyed, and the south side line of the Minnie Healy claim, as surveyed. It is alleged in the com- plaint that the defendants are trespassing upon all of these veins by means of their workings made through the Leonard sliaft. The controversv therefore extends to all of the veins descril)od in the complaint as having their apices north of the soTith boundary cf the Minnie Healy. It appears from the evidence that lliere are workings extending south from the Minnie Ilealv Into the Tramwav. Tlie intention of this court was to require tlie district court to exclude from the order these workings only, i«nd to permit the examination to extend to all workings made vpon any or all of the veins brought into the controversv in the action. As there mav likelv arise a contro versy l)etwe<n the parties as to the extent of the inspection per- mitted under it, the order of this court will be modified to read as follows: The writ will accordingly issue dirwting the district court to modify its order so as to pennit a survey and insj)ection of all of the openings made for the purjK)se of developing any of the veins found in tlie Minnie Healy claim, whether tliese openings extend from east to west, or toward the north, to- gether with all connt^ctions between any of them, but exclud- ing all openings leading south into the Tramway claim and connecting the o[)enings therein with those made in the Minnie Healv claim. 42G TixKEL r. Grifkix et al. [Mar.T/02 TIXKEL, Appkllaxt, r. GRIFFIX et al., Respoxdexts. (No. 1.741.) (SubmlttHl January 28, 1902. Decided April 28, 1902.) Elections — Couniies — Indebtedness — Submission of Ques- tion to Electors — Form of Ballots — Majority Required. 1. Constitution. Art. XIII, Sec. r», prohibits any county from incurring any indebtedness for any single purpose, exceeding (10,000, without the a\|>- proval of a majority of the electors voting at an election to be provided by law. Political Code. Sec. 4270, authorizes the county commissioners to submit such question to vote. Section 4272 provides for the giving of notice of such election, and provides that the election shall be in the manner prescribed by law in regard to the submission of questions under the general election law. Section 4273 only requires that there shall be printed on the ballots the words "For the Loan" and "Against the Loan." Held, that ballots so printed in such an election were sufficient, without further specifying the purpose and nature of the proposed loan, as lo- Utlcal Code. Sec. 1354, requiring questions to be voted on to be presented to the people in such a manner as to enable them to vote thereon in the manner provided In the title In which the section Is found does not apply thereto. 2. Constitution Art. XIII. Sec. 5, prohibits counties from contracting an indebtedness exceeding $10,000, for any purpose, without the approval of a majority of the electors voting at elections to be provided by law. Io- lit leal Code, Src. 4270, authorizes the county commissioners to submit such question to vote. Held, that a favorable majority of all the votes cast on the question of Incurring the indebtedness, at a general ele<tion at which the question is submitted, is sufficient to authorize the Indebtedness, though such majority is not a majority of all the electors voting :it such election. Apical from Di.^trict Court, Flathead County; I). F. tSmith, Judge. IxjrxcTiox liv L. Tinkel against W. 11. Griftiii and others, lH)arcl of c'ountv loininissioners of Flathead county, to restrain a bond issue. From a j.udgiiient denying an inteHoeutory in- junction, the j)laintiflF appeals. Affinned. ^fessrs. Foot i(- Pomrroy, for Appellant. Cited: Ilowland v. Board of Supervisors, 100 Cal. 152; Bellcnap v. Lovisville, 30 S. W. lllS, 34 L. R. A. 25(5; People V. Berkley, 102 ('al. 2t)S ; State v. Bahcocl\ 17 Xeb. 18S; 26 Mont.] TixNKEL r. Griffin et al. 427 State V. Foraher, 46 Ohio State, 677; People, ]Yheaton v. Wiant, 48 '111. 263; Everett v. Smith, 22 Minn, 53; State, Jones V. Lancaster County Cornrs, 6 Neb. 474; State v. J5(?7i- /o«, 29 Neb. 460; J9t/te v. Broicn, 06 X. C. 127; State v. Francis, 95 M ). 44. .1/r. James Donovan, Attorney General, for Respondents. MR. (^II1P:F JUSTIC^E BRAXTLY (leliveveil the opinion of the eonrt. At the general election held on Xovenilx^r 6, 1900, there was submitted to the electors of Flathead county the question wliether the board of connnissioners of the county should issue its l)onds to secure a loan of $55,000 to create a fund for the purpose of building and furnishing a county court house and jail. Upon canvassing the returns of the vote cast \\\x)n this question, the commissioners declared tliat the proposition to secure the loan had been approved by the requisite majority, and were proceeding to issue and sell the lx)nds under the au- thority thus assumed to have been given. Thert^upon this ac- tion was brought by the plaintiff, an elector and taxpayer of the county, to enjoin further proceedings in the matter on the grounds that the question had not been submitted to the elec- tors in the manner j)rescril)ed by the statute, and that less than the required numlx»r of those voting at the election had signi- fied their ajvproval. Tpon the filing of the complaint, applica- tion was made io the district court for an injunction pendente lite. The a])pl;cation having been denied, the plaintiflF aj> pealed. 1. Tt is argued by counsel that the election was invalid for ihe reason that the ballot pre])ared by the county clerk did not sufficiently set forth the qiiestion to l>e submitted to the electors, in that it was not ])rinted upon the ballot at length, immedi- a[ely over the spaces where the electors were to indicate their 428 TiNKEL r. Griffin et al. [Mar.T.'02 pn fereiK'c. Tlie fc»riii r»f the ballots, so far as concerns the jircscnt inqiiirv, was as fellows: • For the Loan Against the Loan It is adniittc^l that due notice was published as required by statute; but it is insisted that the statute also requires any question submitted to the electors of the state, or of any di- visi(»n thereof, ' ) be printed in full upon the ballot in the same way and in the ^anie relative position as the name of a particu- lar office, s(j that n voter may have it l)efore hini when he marks his ballot, and that, unless this requirement is observed, the election is invalid. Section 1554 of the Political (Vxle, cited in support of this contention provides: ^'Whenever the secretary of state has dulv certifie<l to the count v clerk anv question to be submitted t .«■ a, 1 to the vote of the i)eople, the county clerk must print in the regular ballot, 'n such form as will enable the electors to vote upon the question so presented in the manner in this title pro- vided. The county clerk nnist also prepare the necessary bal- lots whenever any question is required by law to be submitted to the electors of anv localitv, and anv of the electors of the state generally, except that as to all questions submitted to the elec- tors of a mimicipal corporation alone, the city clerk must pre- pare the necessary ballots. * " So far as this provision refers to the i>rinting upon the ballot of the question submit- ted, its meaning is not clear. As first enacted by the legislature in the (%>de of. 1895, it read: Whenever the secretarv of state has duly certified to the county clerk any questioin," etc., ' * * the county clerk must print on the regular ballot the ([uestion in sueli fonn as will enable the electors to vote," etc. Jt was amended by a subscxjuent Act of the same session (Act Mnreli li), 1SJ)5), from which the section as it now stands was taken. The omission from the amended Act of the words "the 26 Mont] TiNKEL v, Geiffin et al. 429 question" was probably by inadvertence, since the active verb "print/'' in tlio present reading, is left without an object. If these words be =rupplied, as they doubtless should be, the sense is madt' clear, as far as concerns questions to be submitted to the electors of rho stat-e at the general election. It is only by inference that the provision may te extended to questions sub- mitted to tlie electors of a county. For the purpose of this case, we shall conceile that this would be the proper inference to he drawn from the language useil, and that it ^vould control in the absence of special provisions touching matters of local concern. There .nre, however, special provisions with reference to the issuance of bonds by counties, enacted under the authority of the constitution, and tliese must be deemed controlling upon this subject. The Constitution, Article XIII, Section 5, pro- vides : ''* * * Xo county shall incur any indebtedness or liability for any single purpose to an amount exceeding ten thousand dollars ($10,000) without the approval of a majority of the electors thereof, voting at an election to be provided by law." Under this provision the legislature might have declared that the election should be held only at the time w^hen a general election is held, and that the ballot used should in all respects comjily with the requirements with respect to questions con- cerning the state at large.' Instead of doing this, however, it has provided for a special election to be held whenever, in the opinion of the county authorities, the necessity for an issuance of bonds arises. The provisions on this subject are found in Sections 4270 to 4274, inclusive, of the Political Code. Sec- tion 4271 declares that "whenever it is necessary to submit to a vote of the electors of the county the question of making a loan, the board [of commissioners] must first determine the amount necessary to be raised." The next sex?tion (4272) pro- vides for the giving of notice, and then proceeds, "and the election held and conducted, and the returns made in all re- spects in the manner prescribed by law in regard to the sub- mission of questions to the electors of a locality under the gen- eral election law." Section 4273 provides tliat there shall bo 430 Tl^'KEL V. Griffin et ai. [Mar.T/02 printed upon the .ballot the words ^For the Loan" and "Against tlie Ix)an," but iothing further; the Ic^slature evidently pro- ceeding uiKm the theory that Section 1354 contains no explicit l)ro vision on this subject, and that the notice given by the l)oard of the purpose and amount of the loan, which must be published, under Sections 1318 and 1321 of the general elec- tion law, is sufficient notice to the electors of the question at issue. Construing all these provisions together, we think this intention is manifest. Section 4272 therefore has no reference to tire printed form of the ballot, but merely requires that the j)ro visions of .he general election law twiching the qualifica- tions of the voters, the appointment of judges and clerks, the secrecy of the ballot, and the method of voting should be ob- served. This must necessarily Ik? the import of these pro- visions, else we must add to them a further requirement that the board may 2»ot submit the question of a loan at any other time than at a general election, whereas the clear inference, otherwise, is that this may be done at any time. The fact that the board chose to hold the election on the same day upon Avhich the general election fell makes no difference in the re- quirements to l>e ol>served. The clerk followed the direction contained in Se'^ftion 4273, and that was sufficient. Counsel sav that it is often advisable for the board to sul>- I. mit propositions for loans for si)ecific amounts for different pur\|X)ses separately at the same election, so that the electors may, if they choose, rejtx't one and approve another, whereas the construction we have given the provision of the statute renders this course impossible. We do not think that this re- sult necessarily follows. There would seem to be no insuper- able objection lo submitting separate propositions for two oi* more loans at the same time, provided the ballot should be so arranged, with proper designation of the different purposes, that the electors could vote upon them separately. Th') ques- tion does not urise in this case, however, and we would not venture to anticipate it and decide it now. We are satisfied that our views cf the provisions of the statute, upon the facts 26 Mont] TiNKEL -r. Griffin et al. 431 • presented in this case, are reasonable, and carry out their spirit and intention; it being admitted that the purpose for which the loan is intended is a single purpose. 2. It appears that the highest number of votes cast for any office voted upon at the election was 2,400, that 1,000 were cast in favor of the issuance of the bonds, and that 462 were cast against it. It thus clearly appears, counsel say, that the proi)osition did rot receive a majority of the electors voting, within the meaning of Section 5^ Article XI IT, of the Consti- tution, supra. It will be ob53rved that the reipiirement is that the approval must be by a majority of the electors of the county voting, not at a general election, but at aix election to be provided by law. As we have reen, such an election has been provided by law to be held at any time it may be deemed necessarj^ by the board of commissioners. It happens, also, that the manner of hold- ing it is the same as that prescribed -for general elections. Thus it may, with perfect propriety, be held at the same time at which a general election is held ; but the fact that this is the case does not require a diflFerent standard of estimating the majority necessary from that which w^ould govern if the elec- tion is held on a diflFerent day. The evident meanins: of the constitution is 'hat the approval must l)e the result of an ex- ])ression of a luajority of those voting. The expression "ma- jority of the electors thereof voting at an election," etc., clearly means a majority of those who vote, and not a majority of all the electors of the county, or of those who vote upon any other issue at the same or some other time. If the election on the issue of a loan liad been upon another day, there would have been no question but that it would have had a majority of the electors of the '^ounty who voted. It was none the less a special election, within the meaning of the law, though in this par- ticular instance it was held, for convenience, on the day fixed for a general election. It is the theory of our government that those electors control public affairs who t^e a sufficient in- terest therein to give expression to their views. Those who 432 TiKKEL V, Griffin et al. [Mar.T/02 refrain from su( li expression are deemed to yield acquiescence. In a recent case the court of apjieals of Kentucky, having under consideration a similar constitutional provision, said: "It is a fundamental principle in our system of government that its aflFairs are controlled by the consent of the governed, and, to that end, it is regarded as just and wise that a majority . of those wlio arc interested sufficiently to assemble at places provided by law for tlie purjx^se shall, by the expression of their opinion, direct the manner in wliich its affairs shall be conducted. When majorities are six>ken of, it is meant a ma- jority of those who feel an interest in the government, and who have opinions and wishes as to how it shall be conducted, and have the courage to express thein. It has not been the policy of our goveniment, in order to ascertain the Avishes of the people, to count those who do not take sufficient interest in its affairs to vote upon questions submitted to them. It is a majority of those who ai'e alive and active, and express their opinion, who direct the affairs of the government, not those who are silent 'md express no opinion in the manner provided by law, if they have any. Before reaching a conclusion that those who framed our fundamental law intended to change a w^ell-settled policy by allowing the voter who is silent and ex- presses no opinion on a public question to be counted, the same as the one who l^nkes an interest in and votes upon it, we should be satisfied that the language used clearly indicates such a pur- pose." (Montgomery County Fiscal Coxvrt v. Trimble, 47 S. W. 773, 42 L. R A. 738.) We are aware that the decided cases are somewhat in con- flict ; but, in the al)sence of an express direction requiring the application of a different rule, we think this fundamental principle should control in this case, as giving effect to the clear intention of the constitution. The following cases we cite as support of this view: Smith v. Proctor, 130 X. Y. 319, 29 N. E. 312, 14 L. R. A. MSiHoiclmd v. Board of Supervisors, 109 Cal. 152, 41 Pac. 804; Cass County v. John- ston, 95 U. S. 300, 24 L. Ed. 410; CaiToll County v. Smith, 2<» AFrnit. I State ex rel. Geyman v. Dist. Ot. 433 111 U. S. 556, 4 Sup. Ct. 539, 28 L. Ed. 517; Gillespie v. Palmer, 20 Wis. 544. The order of the district court was correct, and must be affirmed. Afjp.rmed. STATE EX 3?el. GEYMAX, Kelator, v. DISTRICT ^ J^ COURT OE THE SECOND JUDICIAL DIS- ~~ TRICT et al.^ Respondents. (No. 1,811.) (Submitted April 28, 1902. Decided April 29, 1902.) Mines and Mining — Inspection and Survey of Mine — Power of Court to Grant. Section 1317 of the Code of Civil Procedure is not applicable where the peti- tioner asserts no interest in the property of which inspection is sought, or through which entry is necessary to inspect adjoining property. Certiorari by the state, on the relation of Charles G^yman, against the district' court of the Second judicial district of Montana, Hon. E. W. Harney, judge thereof, to review an order made by the court. Order annulled. Messrs. McBride & McBride, for Relator. Messrs. Forhis & Mattison, Messrs. McIIatton & Cotter, and Mr. John Lindsay, for Respondents. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. Application for writ of certiorari to have reviewed and an- nulled an order made by the district court of Silver Bow Vol. XXVI- 28 26 484 30 57 30 832, 434 Stvte ex BEL. Geyman v. Dist. Ct. [Mar.T.'02 county on April 18, 1902, permitting one Hubert to enter cer- tain of the underground workings of the Yankee Boy lode claim, belongijig to the relator herein, and to make inspection and sun'ey thereof. Hubert, in his petition filed in the district court, alleged ownersliip of adjoining property, but claimed no interest in the Yankee Boy premises. The purpose sought by the survey ■ Avas to discover whether the relator had entered, by means of his underground workings, beneath the surface of Hubert's property and removed ore therefrom, ^o suit was pending between the parties. The order was made upon the theory that the court was authorized to grant it imder Section 1317 of the Code of Civil Procedure. This section was construed in State ex reh Anaconda Copper Mining Co, v. District Court et al. (Xo. 1,750), 26 Mont. 396, 68 Pac. 570, and in State ex rel. Anaconda Copper Mining Co. v. District Court et al. (Xo. 1,775), 26 Mont. 412, 68 Pac. 1134, decided al the present tenn. It was thore held tliat this section has no application to a case in whicli the j^etitioner asserts no interest in the property of which inspection is sought, or through which entry is neces- sary to inspect £id joining property. Under authority of those cases, the order imder consideration was without jurisdiction, and must be annulled. It is so ordered. I % (^UMMIXGS, A^PELLA^T, v. IIELEXA & LIVIXGSTOX f-H SMELTING & REDUCTIOX CO., Respondent. 31 146 31 440 31 MS^ (No. 1,383.) ^ ^^\ (Submitted November 20, 1901. Decided April 29, 1902.) ,26 36 16^ 2(> 434 Master and Servant— Mining — Action for Injury — Motion for •^^ -Jl?. ^^^^^^i^—R^de of Consideration^Contributory Negligence ^24 —P^^^^i^'f^-g— Burden of Proof— Evidence — Contributory Negligence — Ordinary Care. 26 41 2G Mont.] CuMMiNGS v. II. & L. S. & K Co. 435 1. On motion for a nonsuit, the evidence will be regarded in the light most favorable to plaintiff, and that which it tends to prove must be taken as proved. 2. Where plaintiff's own evidence shows that he ought not to recover, a non- suit should be granted. 3. Though, in actions for injuries, the absence of contributory negligence need not be pleaded, if the complaint shows that plalntlff^s own act was a proximate cause of the injury it must also state his freedom from negli- gence in doing such act. 4. Where plalntlffs evidence in an action for injuries shows that the Injuries were caused in whole or in part by his own acts, the burden Is cast upon him to prove that he was exercising ordinary care at the time. 5. Where, in an action for injuries, plaintiff's evidence shows, beyond ques- tion, that his own omission to use ordinary care contributed immediately to, or itself caused, the injury, a nonsuit should be granted. 6. Evidence reviewed, and hcldj that plaintiff, in proving the circumstances of the accident and injury, succeeded in establishing for the defendant the defense of contributory negligence, and hence, the granting of a nonsuit was proper. Appeal from District Court, Jefferson County; M, II, Par- ker, Judge. Action Ly Martin ('umiiiings against tlie Helena & Living- ston Smelting 'z Reduction Company. From a judgment in favor of defendant, plaintiff appeals. Affirmed. Mr. T. J. MVatsh, and Mr, C, B, Nolan, for Appellant. On the review of a motion for nonsuit, everything which tlie evidence tended to prove will be assimied to be true by tlie ap- pellate tribunal. {Creek v. McManus, 13 Mont. 157; Wetz- sfein V. Joy, ib. 444; Mayer v. Carothers, 14 ib. 288; /S'/a/e ex rel, Pigott v. lienton, 13 Mont 322 ; Powers v. Klenzie, 15 Mont 179; Jensen v. Barbour, 15 Mont 586; Soyer v. Great Falls WcUer Co., 15 Mont 5 ; Emerson v. Eldorado Ditch Co., 18 Mont 254; Holier Lumber Co. v. Fireman's Ins. Co., 18 Mont 288 ; State ex rel. Harmon v. Conroiv, 19 Mont 106 ; Morse v. Com^ of Granite Co., 19 Mont 453 ; Cameron v. Commercial Co., 22 Mont 312.) Negligence is generally an inference from many facts and circumstances, all of which it is the province of the jury to find. It i« not the duty of the court in such cases, any more than in any other, to usurp the province of the jury, and pass 4:^^> c :::>.,. r. H. A: L. S. i R Co. .larT/ni i:}- a ].fr ic,'-'^: - i.-i a r. ::-'::: can onlv be granted in such cases wherf: 'i.^r ev::.r.^-e •>: Le ii.iT>:ndiict cf the party injured is sci c>ar ar-'i irre^i-^. le a-? :•• ju: iLe ease on £ par with those c;i-f^ vL-re a i--:n--:: i-? irranttJ for a failure to introduce evi»l^ice ^Mrrlci'-r^t r». 2:» to :Le jury up>n s<:»me point essential t«^ p^ain'in's ca-=?. I ir^.'.' V. Ui^hii Si. Bail way Co., 12 Mont. 40. ) The prii^dry dry ileT..»lre»l ujK^n the defendant to em- pl'»y c^irqtifTrA men. This duty it owed to the plaintiflF. Equa;Iy in.j-^-raiive was it if the inonipeteney of the servant came to ifs knvv.!»>]^e after his emi»l««\Tnenr to discontinue the ser\'i<-e .•{ surh vrnrK've. \KfA.^f \. Cable Co., 7 Mont, 80; Ktlhy V. Fourth of Julj Co., 16 Mont. 497; Wehsicr Manufac- turing Co. Y. Schmidt, 77 111. App. 49 ; Dysart v. Kansas City, etc., 145 Mo. S3; J/zu'/.'/i/iJ v. Gilbert Paper Co., 97 Wis. 476.) While this duty devolves ujM:»n the master to furnish com- petent servants, if the fact of incompetency is known to the fellow servant and he continues in the employ of the master, there is on his part an assumption of the risk. {Stafford v. Chicago, etc. R. Co., 114 IlL 244.) If, however, the master promises that the danger due to the neglect of the fellow ser- vant will he remedied, a retention of employment for a reason- able time will lo warranted, without the assumption of risk therefrom, or without contributory n^ligenoe, unless the dan- ger is so apparent, imminent and immediate that a man of ordinary prudence would refuse so to remain. (Smith v. Backus Lumber Co., 64 Minn. 447 ; Kelley v. Fourth of July supra; Dougherty v. Midland Steel Co., 53 X. E. Rep. 844; McFarland Carriage Co. v. Potter, 153 Ind. 107 ; Nelson r. Shaw, 102 Wis. 274.) If the master promises the employe that an incompetent servant will be removed, he is justified in remaining a reasonable time. (Lyberg v. N. P. Railroad Co., 38 X. W. Eep. 632.) The instances are exceedingly rare where a servant can be held guilty of contributory negligence as a matter of law, where a promise has been given. The ques- tion is invariably one for the jury. (Union Manufacturing Co. V. Morrissey, 40 Oh. St. 148 ; Northern P. Co. v. Bdbcock, 26 Mont.] CuMMfNGs v. 11. & L. S. & R. Co. 437 154 U. S. 100; see cases cited, 40 L. K. A. T87, Xote.) Wlietlier there was an actual promise is a question for the jury where it arises from implication. (82 Iowa, 179.) It is always a question for the jury as to whether tlie sen^ant's reliance on a promise hy the master induced him to continue work. (Man- ufaciuring Co. /. Monissey, 40 Ohio St. 148 ; Raihenherger v. N. ir. Consolidated Milling Co,, 57 Minn. 461.) Where a nuister is negligent in furnishing defective ma- chinery, one who continues in service under promise by another servant to repair is injured, it is immaterial wliether" the ser- vant making the promise had authority to do so, provided the injured servant upon reasonable grounds supposed him to have. (Dells Lumber Co. v. Erielson, 80 Fed. 257.) If the sen^ant has reasonable grounds for l)eHeving that the master Avill re- move the source of danger, wliether the impression is the result of an explicit promise or not, he may continue working without culpability as long as the jury may consider it reasonable to retain that belief. {Hoffman v. Dickinson, 31 W. Va. 142.) It is not necessary that there should be a formal protest or an express promise. {Eoihenherg v. N. W, Con. Milling Co., supra; Pieart v. Chicago R. I. & P. Ry. Co., 82 la. 148.) Much emphasis is given to the fact that no complaint was made by the plaintiff. It is purely a question as to which as- sumes the risk, the plaintiff or the defendant. (Schlitz v. Pabst 59 N. W. 188; Green v. Railroad, 17 K W. 378; Smith V. Lvmbrr Co., 67 N. W. 308.) A foreman .)f a mine having authority to employ and dis- charge a laborer employed therein, is not a fellow servant with snch laborer so as to relievo the owner from liability. (Kelley V. Cable Co., 7 Mont. 80.) Whether a foreman of a mine is a fellow servant is a question of fact for the jury. (Wellsville Coal Co. V. Schwart, 177 111. 272; Hill v. Winstonfl5 K W. 1030.) That parties are under his supervision and subject to his control is the best evidence that he is a vice principal. {Union Pacific Railivay Co. v. Doyle, 70 X. W. Rep. 43.) One who has power to employ and discharge lalx>rers in his 438 (^'MMixGs V. H. & L. S. & R. Co. [Mar.T/02 department is a vice principal. {Fort Smith Oil Co. v. tSlover, 58 Ark. 1G8.) It was the diitj^ of the master to employ com- petent servants; if instead of performing this obligation, he engages another to do it for him, he is answerable for the ne- glect of that other, no matter what his position as to other matters. {N, I\ B, Co, v. Patersoti, 162 U. S. 34(5; Iless v. liosenihal, IHO 111. 021.) This doctrine is verv clearlv and forcibly annonnced in an elaborate note, 75 Am. State Reports, p. 51)5. The duties v)f the master alx^ve enmnerated are those im- posed njion him by law. They are positive, absolute and per- sonal, and the iiiaster, whether an individual or a corporation, cannot evade liability by delegating their performance to an- other. Xo duty belonging to the master to i)erfomi for the safety and protection of his servants can be delegated to any servant of anv i»:ra(le so as to exonerate the master from lia- bility to a servajit who has been injured by its non-perfonnance. The agent to whom such duty has been delegated, whoever he may be, and notwithstanding he may be a fellow servant in other respects, is a vice princi])al or representative of the mas- ter. In other words, he is the master's alter qcjq, whose negli- gence is that of the master, and for which the master is respon- sible, whether 'an em])l()ye or a third person is injured thereby. (\)ntributorv negligence is a matter of defense, and plaintiflF need not allege or prove its absence. {Ilifjley v. Gilmer, 3 ■yfont. IMi; Xelsofi v. City of Helena. 10 Mont. 22; Mulville V. iW. Mut. L. /. Co., V,) Mont. 050.) If the (piestion of negligence or '/outributory negligence is a fairly disputed ques- tion of fact, it jiust be resolved by the jury. (Wall v. Helena St. Ilailwari (V;., 12 Mont. 50.) Contributory negligence be- ing an attirmative defense cannot' be considered on a motion for a nonsuit .it the close of plaintiff's main case. (Powell v. Southern liaiUray Co., 125 X. C 370.) The present case differs in ]>rin'M])le from one where the proximate cause of the injury was ])laintiff's own act, in that event it would be in- 26 Mont] CuMAiiNGs v. II. & L. S. & R. Co. 439 cumbent upon I'ini to show that he was free from contributory negligence. {Prosser v. Railway Co., 17 Mont. 388.) It was error to deny plaintiff's application for leave to intro- duce supplementary proof. While conceding that a large meas- ure of discretion vests in the trial court in a matter of this kind, wo feel that here there was an absence of any reason ^vhy the applicalioin ehould be denied. (See Pitts v. Florida Cerir fral R, R. Co., f?7 S. E. Rep. 7\), 180.) Messi's. Cidlen, Day <& Cullen, and Messrs. Toole cC* Bach, for Respondent. There is no dispute or disagreement between counsel as to the rule applicable to the review of the evidence on motion for nonsuit. Everything which the evidence tends to prove will be assumed to le true. But it is what the evidence tends to prove that is nssumed to be true. Where the facts are undis- puted and but one inference can l)e drawn from them, the plain- tiff's right to ri-cover thereunder is a question of law. And where the plaintiff fails to establish any fact from which the defendant's nea^ligcnce could be inferred, the plaintiff is not entitled to recover and the motion should be granted. So, too, where the i)laintiff's own evidence establishes his contributory negligence it bars his recovery as effectually as a failure to in- troduce any evidence u})oii a ]X)int essential to his case, and a motion for nonsuit should be gi'anted. {Wall v. Helena St. Ry. Co.. 12 Mont. 49; T Amer. & Eng. Enc. Law (2d Ed.), 454.) It is well settled that to make the master responsible for the negligence of the incompetent servant, it must not only a])pear that the servant was incompetent, but it must also api^ear that the injury resulted from such incompetency. (12 Amer. & Eng. Enc. Law, 918, and cases cited.) The facts in this case are veiy similar to those recited in McAndrews v. Raihray Co., 15 ifont. 299. In order to relieve the servant from the as- sumption of ri/k, the master should have induced the servant to waive his right to leave the service, either by taking upon 440 Cl'mmixgs r. H. k L. S. & R. Co. [Mar.T.'02 himself the reiponsibility for injuries which might result, or by leading the servant to believe that the danger would be re- moved. Where the declarations of the master are made for his own benefit, or for the purpose of advancing his own m- te^e^t, thev will not amount in law to such a promise as will relieve the servant from the assumption of risk. {Intenui' iionnl & G. X. Ey. Co, v. Turner (Tex.), 23 S. W. Rep. 146; see also Leirks v. yew York & X E. Ihj. Co,, 20 X. E. 430.) Portions of a mine from which ore is being taken, and which as the work progresses it l)ecomes necessary to timlxT, are not, from the time it becomes necessarv to timl>er them, places for work, within the rule requiring a master to furnish his em- ployes a safe pla(!e to work. {Feiaja v. Min. Co., QG X. W. 951.) It is not m^essai-v- that a servant should l>e wame<l of every i)ossible manner in which injurs- may occur to him, nor of risks that are as obvious to him as to the master, and where a mature and experienced man engages in a dangerous occupa- tion, with the risks of which he is familiar, and is injured, not . through defect in the apidiances, but by the manner of their ojjeration, incident to the business, he cannot recover against the master. (Lorjgin/j Co. v. Schneidei , 74 Fed. 195.) ^^An important (onsidoration, often overlooked, is whether the structure, ap})liance or instrumentality is one which has been furiii.slu^d for tlio work in which the servants are engaged, or wlu'tljor tlie fur:iishing and i)reparation of it is itself part of the wr,rk whici'i they arc employed to perform." (Peiaja v. ^fin. Co. (Mic'Ji.), OG X. W. 951; Sjnith v. Gramp Co., 35 X. Y. S. r>:n; Durst V. Carnecjie Steel Co. (Pa.), ^^ ^^^• 3102; McCarthj^ v. Ircm Worls (La.), 20 So. 171; KcUey v. Cahh' Co,^ 7 3j,,„t, 70; /v^^y^ ^. 7,.^,, ,V//l Co., 04 X. W. 3-^5; TAnton. Coat rf- Minimj Co. v. Persom, 43 X. E. 051; SpvUmmi v. Ill,, Co., 34 R. W. 208; Kcltey v. Fourth of July Mudng Co., IG Mont. 490.) ^rU. JrSTKrE PIGOTT delivered the opinion of the court ^rhe plaintiff, havino; suffered personal injuries in a mine 26 Mont] CuMMixGs v. II. & L. S. & R. Co. 441 situate in Jefferson county and ojyerated by the defendant, brouglit this aedon to recover $35,000 as damages. The in- juries are alleged to have occurred through the defendant's negligence. When the plaintiff rested, the court grafted a non- suit upon several grounds, one being that tlie plaintiff had assumed tlie risk of the accident which occasioned the injury, imd another being tliat he had been guilty of contributory' neg- ligence. Judgment for the defendant was tlien entered, and the ])laintift' has appealed. On motion for nonsuit, wliatever the evidence is sufficient to prove in favor of the plaintiff must be considered as estab- lished ; in other words, when such motion is interposed, the truth of the evidence tending to support the plaintiff's case must Ik? assumed and must be regarded in the light most favor- able to liim, — ihat which the evidence tends to show must be taken ^s proved. This well settled rule has been repeatedly declared and applie<l by tliis court. Xo less well settled is the nile that if the plaintiff, in attempting to make a case, shows that he ought not to recover, either a nonsuit should be entered or a verdict directed on motion, whichever practice prevails in the particular jurisdiction. In this state, nonsuit is the tech- nically correct .uetliod. (McKay v. Montana Union Ry. Co., 13 Mont. 15, :31 Pac. 999.) In actions for personal injuries the itbsence of contributory negligence is not required to be pleaded or proved by the plaintiff, but its presence is a matter of defense. Surh is the law in Montana. (Iligley v. Gihner, 3 :Mont. 90, 35 Am. Rep. 450 ; Mulville v. Pac. Mutual lAfe Ins. Co,, 19 Mont. 95, 47 Pac. 650; Sfiook v. City of Anor cmida, 20 Mont, 128, (K) Pac. Hep. 756.) The contrary rule was announced in liyaji v. Gihner, 2 Montana Reports, 517, 25 American le}x>rts, 744, but has been overturned by the teases cited and those referred to by the opinions therein. If, however, the complaint shows the proximate (or a proximate) cause of the injury to have been the act of the plaintiff, the complaint must also state his freedom from negligence in the doing of the act; otherwise the pleading is bad. (Kennon 442 CiMMi.NGs V. II. & L. S. & R Oo. [Mar.T.'02 • V. Gilmer, 4 Mont. 433, 2 Pac. 21) ; and so, If the evidence in l^lialf of die olaintiff shows the injury to have been directly caused (either in whole or in part) by his act, the burden is immediately upon him to prove that he was exercising ordinary . care at the time. (Nelson v. City of Helena, 1(3 Mont. 21, 39 Pac. 905.) Another rule, from which there seems to be no dissent except in Xorth Carolina (Bolden v. Railway Ca,, 123 X. i\ 014, 31 8- E. 851; Cogdell v. Railroad Co., 124 X. O. 302, 32 S. E. TOG; Powell v. Railway Co., 125 X. C. 370, 34 S. E. 530), is that if the evidence in plaintiff's behalf establishes, beyond question, that his own omission to use ordi- nary care ccmrributed immediatelv to, or itself caused, the injury, the ccmrt should on motion direct a verdict or giant a nonsuit. The motion for a nonsuit in the case at bar was similar to the common law demurrer to the evidence, in that it performed the office of admittinp^ as facts what the evidence tended to ])rove, thereby presenting the queij^tion whether the facts so con- ceded, when viewed in the light most favorable to the plaintiff, were, as matter of law, sufficient to justify a verdict for him. So considering ihe evidence, the facts may be stated thus: On Saturday, Sepremkn" 28, 1895, the plaintiff, aged 33 years, a practical miner of sixteen years' experience, familiar ^^i^ll the risk and dangers incident to the hazardous (Xcupation, was severely injured ])y a fall of rock in the Alta mine, oper- ated by the dof\uulaiit, a corporation. Ife had been so in the employ of the di^fendant and working for it as an underground miner in the Alta mine since 1892. For manv vears he had operated a machine drill used for boring holes in tunnels and raises so that blasting might be done. When hurt he was en- gaged in constructing a three-compartment inclined raise on the vein, following the foi)t wall, from the 1200-foot level to an intermediate tunnel eighty fcn^t distant. The raise departed from the perpendicular at an angle of about 45 degi'ces — the dip of the vein. Each compartment was a separate chute; the middle one was the man-wav, the others, one on each side of 26 Mont.] CuMMiNGs v. H. & L. S. & R Co. 443 the mau-wav, were used for ore. Four sets of timbers were needed to make the three compartments.. These consisted of fonr equi-distant stringers, or uprights, next to the hanging wall; four stulls or cross-pieces eight to ten foct in length (ac- cording to the pitch of the walls) attached to, and supporting the top of, the ?! ringers, and reaching from wall to wall; three "girds," or girders, laid on top of the stringers and parallel with the strike or course of the vein, and nmning from stuU to stull. The Ltulls supported the stringers, and the girders served to keep hotli in place. Each three-compartment section of the rise was about six and one-half feet in height by thir- teen in length, oach room or compartment being about four feet and four inches in length along the lode on its strike or course, which is east and west. When the ground did not blast so as . to permit the stulls. and stringer to fit snugly against the coun- tiy rock, the stringers were lagged crosswise with round poles four feet and four inches in length, and then the space between the lagging and the hanging wall was fi^lled in witli waste so as to kc^p the timbers secure.' To make a fl(X)r, lagging of the same sort was laid on top of the timbers from stull to stull, and across the openings leading up to the face of the raise. The machine was set uixm the fl(X)r and the holes drilled overhead • in the face. Each set of four timbers carried the raise six and one-half feet further towards tlie tunnel. A floor was not left on each set of umbers, but whenever advance of a set higher (six and one-haif feet) had been made, the lagging of the lower floor of the last set would Ix? move<l up and the top flooring of that set left, oo that there were always t\vo floors lagged in whole or in part. The top or uj)per fl(X)r was always left open — that is, without lagging — on the side not blasted, in order that the miners might gain ingress to it from the floor Mow and see the face of the ground. After drilling and l>efore blasting, the space between the timl)ers immediately under the ground to l)e blasted was always lagged. This was done as a measure of prot.?ction to miners going to the lower floor; with the uppel' floor (or top of the tind)ers) tightly lagged under 444 - CiMMixos r. IL & L. S. & R Co. [Mar.T.'02 tlie gTouiid l>la:?tCHl or alxjiit to be blasted, a man could, with a reasonable degree of safety, reach the lower floor, cross to the side or end over which blasting had not lx?en done, or was not alxnit to be done, and then go to the npper floor through the opening left under the solid ground. The plaintiff testified: 'As Me went up we would set tlie machine for tlie purpose of drilling on one f f thc^e floors, the bar set on one of those floors that would l>e lagge<l up. We put lagging on top of the timber, too, and that made a floor, and from that floor we bored above us^. As we pro:eeded with the work, we did not leave these floors on each set of timlx>rs: when we would get xip a set higher we would pull np the under floor and move it on up again ; we kept two floors all the time. We would pull the one l)elow up ; wh'.M wo put a set of timbers above, we would pull the lower floor up and move up. We ascended the upraise to got where we were working through a ladder constructed in this manner. As the work was carried up we always left the top floor open on the side that was not blasted out, so that a man could get through there and see the face of the ground that was left and 'also sec the ground where it was blasted." If, for example, the gi'ound in the eastern part of the face of the raise wa5 alx)ut to be, or had been blasted, the opening would 1)0 left on the western side or end under the secure ground. ^^Tn the place whore it had not been blasted, it [the floor] would be left open, so that when I came up in the morning, l)y IfKjking up I could see the face of the ground where the blasting had l)C(}n done. We put lagging on the floor immedi- ately under the place where we were going to blast, because that is where the man would come up on the first floor; if that floor was left oi)en 'md a man would go up there, there would be nothing to ])rotcct him over his head, but with that floor lagged up a man would go up and cross over to the side that was not blasted, and then he would go up there." Tor thirteen days before, and on the day of, the accident, the ])laintiff wns working on the day shift. One Running, his fellow servant, was working on the night shift, and had been 26 Mont.] Clmmings v. H. & L. S. & K Co. 445 operating the drilling machine for a month. Running would quit work at ten minutes after five o'clock in the morning, and plaintiff would begin at ton minutes before seven — about one and one-half hours thereafter. Running had had but little experience with the machine. He sometimes bored holes which inclined away from, instead of toward, the center of the raise, and which, when fired, failed to blast down the ground; the effect of this was to shake the gi'ound and make it unsafe. In order to drill ihe holes properly, so that the ground when blasted, would come down easily, it was necessary to set the machine on one Kidp of the raise and bore the holes toward the center over the man-way, and then remove the machine to the opposite side and bore the other holes toward the center. Holes drilled in this way "would have a cut so they could break their burden.'' The effect of drilling the holes was to shake or loosen the ground more or less, according to its character. Ground shaken or loosened by ineffective blasts, or by boring without blasting, should be lagged or spragged to prevent its falling upon those afterwards working under it. About a week before the accident the day shift-boss, noticing that Running had omitted to fire four out of six holes made by him, remarked to the foreman, who was authorized to hire and discharge the men, that such work would never do and "a man must be crazy to drill holes like that;" to which the foreman answered that it was the worst work he had ever seen, and asked the plaintiff for an expression of his opinion. The plaintiff told the fore- man it was hard to keep the ground safe when holes were drilled in that way, for a bowlder might drop out at any time. The foreman then said he would look after Running's work carefully and inspect it, and told the plaintiff to keep at work and do the best he could, and perhaps Running's' work would improve after a while. On Thursday, two days before the accident, Running drilled and fired six holes, which did not break, and the foreman told the plaintiff that Running was doing worse instead of better and that he would put a man in his place who understood that sort of work. Plaintiff, though 446 CuMMiNGs ^. 11. & L. S. & R. Co. [Mar.T/02 he did not announce his intention to do so, would have quitted the employ of the defendant on that day but for the alleged promise to discliarge Running. On Friday, the day before the accident, the plaintiff put in four sets of timbers, and lagged the stringers for about two and one-half feet above the floor. When he stopped work on ' that afternoon, Ihe face of the ground over the west compart- ment, or chute, was about five feet above the top of the tim- bers and, hence, about eleven and one-half feet above the floor; over the east compartment or chute, the ground hung lower, being three feet above the top of the timbers, and henco about nine and one-liulf feet above the floor, projected three or four feet over the chute, and reached from the hanging to the foot wall. This ledge he sounded with a hammer before going off shift on Friday afternoon ; finding it solid, he did not brace it. The space across the top of the sets of timbers was left open. Before going away on Friday afternoon, that plaintiff at 5 :30 o'clock, fired and blasted four holes which had been drilled by Running the night before, in the center of the raise over the man-way; two were in the hanging- and two in the foot-wall; each was seven or eight feet deep and was started about one foot above the ledge projecting over the east chute. The fur- ther ends of the holes were about eight feet from the ledge. Each hole was one and. one-half inches in diameter and con- tained powder to a depth of from eighteen inches to two feet He did not go back to see what effect the blast had, or where the dirt and rocks fell ; it was not his duty to do so. After he had blasted, the first man in the ordinary course of business to go into tlie raise made by the plaintiff, was Running, whose duties were to lag up the stringers, fill with waste the space between the stringers and the hanging-wall, drill two rounds of holes, lag the top of the timbers for a floor under the ground to be blasted, leaving the top open elsewhere, and to charge, fire and blast at ten minutes after five o'clock in the morning of Saturday. It was not his duty to observe the effect of the 26 Mont] CuMMiNGs v, IL & L. S. & R Co. 447 blast. The next man to go into the raise after Running left, Avas the plaintiff. At ten minutos before seven o'clock on the morning of Satur- day, the 28th, the plaintiff, according to custom and in the per- formance of his dutj- as a servant of the defendant, went into the raise to continue the work. He had not inquired whether Eunning was still in defendant's employ, and did not know whether or not Running had worked there during the night. His first duty \va§ to examine the ground for the purpose of ascertaining its condition and to remove that which was found to be broken down or loose. Reaching the first, or lower, floor at the west end of the section of the raise constructed by him on Friday, he :.aw that the timbers put in by him had been lagged entirely jicross the top sets, thereby making a floor which hid the face of the raise. The usual way of access was barred by this floor. Between the stringers (which he had partly lagged on Friday) and the hanging-wall there was a space three feet Avide for waste. To reach the top floor he climbed up through this space and then over the girders. Thus he brought himself upon the top floor and next to the face of the raise. If the ground over the east chute had not been drilled or blasted, the floor should have been there left open ; if drilled or blasted, it should have been closed by lagging. It was so closed; "it was lagged clear across the four sets, it was lagged right up tight." When he reached tlxe top floor he saw that blasting had been done. He saw a large opening in the ground at the west end of the face of the raise. He knew that, thirteen hours be- fore, he himself had blasted four holes over the center of the raise; this, he says, had no effect upon the projecting ledge on the east chuta He knew also that the man who had just gone off shift had drilled, and probably blasted, two rounds of holes. He found that ihe charges fired by him had knocked down part of the ground, and that the work had been continued from where the plaintiff had blasted almost to the intermediate tun- nel,— a distance of two seta or thirteen feet from the top floor. ^^Running had lagged up .that floor, and most of tlie ground that 448 Ci MMiNos r. IL & L. S. & R Co. [Mar.T.'02 he blasted was on top of this Ajot; he had the fl«x>r lagged right up tight t J the girds, and tlie dirt was on top of the lag- ging, that is, the ore/' He did not c bserve any holes that were not blasted. The first thing he did after getting on top of the floor was to pick down the Lxjse ground blasted by Running, and break into ihe tunnel, which required half an hour's work. He then ^'soun<kd all around the walls of this space of ground that was blasted out that nicht/' and fond it safe. To the face of the projecting ledge of rock, or bench of ground, he gave a ''side glance," and the ledge seemed to him to be in exactly the same condition it was on the preceding afternoon when he left after blasting four holes, except that under it there was dirt on the lagging. He could not without stooping, or remov- ing some lagging, see its "lower face," which (as has been stated) was about three feet above the lagging, overhanging the east chute three or four feet, and reaching clear across the vein from wall to wall. He could have examined the ground ; there was nothing to prevent him from doing so. Though he made examination of the "sides of it up where" he picked down the loose reck, which was to the west, it is manifest from his o\vn testimony that he neither sounded nor otherwise ex- amined or inspected the projecting ground or ledge itself on Saturday. In picking into the tunnel some waste came down. The plaintiff had orders from the day shift-boss not to permit any waste to go into the chutes, which contained ore. He told his helper, who ^vas standing on the floor below, to pull up two pieces of lagging from that floor and put it behind the stringers, as the plaintiff intended to throw waste down. The helper did as he was directed. The plaintiff then took a stone from the pile of dirt, carried it to the east chute, and dropped it down between the hanging wall and the lagged stringers. When he dropped the stone he was standing by the ledge. The stone knocked the top lagging out of place. Stooping, the plaintiff got down on his knee to replace the lagging; in doing so he put his body immediately under the ledge, and reached down be- hind the stringer. As he arose, part of the ledge fell upon 26 Mont.] CuMMJNGS v. H. k L. S. & R Co. 449 bira, causing the injuries of which he complains. Had the ^ ledge been supported, or spragged, he would have known the ground was loose or unsafe; not being spragged or braced, he thought it was just as he had left it on Friday. After the acci- dent tvvo or throe pieces of lagging on the top floor under the ledge were removed, and five or six holes were to be seen in the leilge. These had been properly bored. Tlie plaintiff knew nothing of them. The ledge was afterwards brouglit down by blasting two of the holes. The plaintiff cx)ntends that the inferences deducible from these assumed facts, which we have stated at considerable length in order that the conditions may be understood, were for the jurj' to drav;, and that they were sufficient to justify a ver- dict for the plaintiff. A servant tacitly agrees, by virtue of the contract of em- ployment, to encounter and assume the ordinary risks incident to the service, one of which is the negligence of his fellow-ser- vants. In the case at bar the plaintiff and Running were fel- low-servants in the employ of the defendant. But it is con- tended that because the plaintiff relied upon the defendant's unkept promise to discharge Running for negligence and unfit- ness, the defendant assumed the risk and hazard of Running's negligence which might thereafter cause injury to the plaintiff, and became answerable for such negligence to the same extent as it would be had the negligence been its own. For present purposes this may be granted, and it may be granted also that Running was negligent, and that without his negligence in boring six holes and leaving the ledge unsupported, the plain- tiff would not have been hurt. Assuming all this to be true, we are nevertheless of the opinion that tlie defense of contribu- tory negligence w^as conclusively made out by the evidence of the plaintiff. He, an underground miner of many years' ex- perience, following a vocation dangerous to life and limb, and familiar with its risks, was engaged in making a place^ — a place whicli he was creating and changing as the work progressed. On Friday afternoon he IJasted four holes in the center of the Vol. XXVI-29 450 CiM.MiNGs V. IL k L. S. & R Co. IJA^r.r.'Oi raiM- over tlif maii-«av or middle elnite;'these holes xvere begun ab-jiit a foot from the ledge of rock overhanging the east chute, whi<-h he souiid-d and found .^^ure. He then went oif shift, h-aviug the ti.p '.1 the tinil)er* open under the east chute. >'ow, eliminate Running from the ease, and consider the defendant (the master) a:s a natural i»ers-»n, in Running's stead. The defendant imm';<liately took up the work, diilling and blasting. Ill Ihe le^lge he Iwred six hole^, when two would have an- swered; this, we assume, was negligence. He failed to blast them or to spruj: or suppirt the ledge after the drilling; this, «c assume, was also negligence. Xext morning after the de fendant had been at work all night, the plaintiff returned to resume his work in the same plaw. Standing on the lower flfxir anil looking up to see what ground had been blasted, he found the face of the raise, including the ledge over the east chute, entirelv hidden from view by lagging across the top of the tiiiiliers and the usual way of access barred. He knew the inviiriahle custom was to lag under the ground V>lasted, and to Iwive the timliers open on the side not blaster! or about to be blasted. He knew that drilling precede<l blasting, and knew, or was bound to know, eitlier that the le<lge over the east chute had i>een blasted or was in eomlition to bo blasted. The lag- gin;: was equiv;ilent to express notice by the defendant to tlie jihiiutiff that the ledge was insecure,— it serve<l the ]iurposc "f a sign stretehrd acriiss the li^^Ige, declaring that in the pro- gress of niiniiig the groun<l had lieen shaken or rendcretl loose. It WHS unmistakable notice and warning to the plaintiff of the lisk and danger, — irs ipsa hqttrbatiu: He found there was no ivay to reat^h the upper floor except through a space three 'e lH?tween the stringers and the hanging-wall. This mode of access and ingress be nse<l, climbed over the nd so got on, the top of the floor. He knew that blast- •een done on the afternoon Ix-fore ; he know that within 3 there had been further drilling and blasting, and he first man to go into the place therejifter. His first to pick down the loose rock and inspect carefully the 26 Mont] CuMMiNGs v. H. & L. S. & R Co. 451 ground to ascertain whether it was secure. lie picked down all the rock that seemed to be loose and made some soundings of the walls. The ledge he did not sound, examine or inspect, though he could easily have done so. This he omitted because it looked solid and in the same condition it was on the after- noon of Friday. lie gave it a glance, and as it was spragged and supiwrted, ho thought it secure. It reached from wall to wall, overhanging the east chute three or four feet and stood three feet above it. Under it on the lagging he saw dirt. He got under it by stooping and kneeling; as he was in the act of rising, part of the ledge fell upon his body. Xow, the plaintiff was bound, at his jx^ril, to use ordinary' care, — that is, such care and caution as men of conmion prudence, possessing his knowledge and experience, * in the particular voca- tion, would or should have exercised if placed in the ix>sition nf the i)laiutiff at the time of the acci- dent. Extraordinary care was not required of him; but the slightest want of ordinary care on his part was negligence which, if it coatributed directly to the injury, defeats the ac- tion. The plaintiff cannot recover if he could have avfjided the injurj' by exercising ordinary care and caution. That he may not have understood the danger, or may have temporarily forgotten the risk, is of no moment; he was charged with knowledge and nndorstanding of such dangers and risks as he might have comprehended and appreciated by using ordinary <^are; if he forgot, ho w^as negligent, for he was bound to re- -'^^eniber. The defendant was not required to take better care ^-^cf the plaintiff than the plaintiff was of himself; the measure ^-^^^^larf the duty of t ach was ordinary care. The negligence of the ^^Erv^e^ndant did not dispense with the necessity of the plaintiff's "W^i x:ig ordinary^ care. Such has been the unbroken rule since Bh£ ^ l(,rfield v. Forrester, 11 East, 60, was decided, to the pres- ent: dav. By his own careless act in getting under the ledge -wit^^-^rvv^t, inspecting or sounding it, he voluntarily exposed him- self^ 1^ the risk of injury. The accident would not have hap- pen^^j bfl^ ^^^ plaintiff exercised due care and caution. Ilis 452 City of IIelexa r. Kogax et al. [Mar.T/02 failure in tliat res})ect was an immediate cause of the injury. Could a jury riglitly declare that an average man of common I)rudenee, similarly situated, would have acted as the plaintiff did ? Did not the evidence so manifestly disclose the plain- tiff's negligence that a verdict for him would necessarily have to he vacated on motion for a new trial? In proving the cir- cumstance's of (lie accident and injury, he succeeded in estab- lishing for his adversary the defense of contributory, or con- current negligence. The evidence left no substantial doubt upon the subject ; tlic average reasonable man, not biased by sympatliy with the plaintiff nor prejudiced by interest could come, upon deliberation, to but one conclusion. A nonsuit was therefore properly granted. We are aware of the rule that the question whether this defense has been made out is usually for the jury to decide. The case at bar is clearly one of the excep- tions. All the specifications of error are disposed of by the fore- going considerations. Let the judgment be affirmed. Ajjitmed, 26 42 1 26 IS CITY OF IlELE^^A, Appellant, v, ROGAX bt al., ■«^ 136 Respondents. (No. 1,684.) (Submitted January 23, 1902. Decided April 29, 1902.) Eminent Donuiin — Condemiwiion of Water — City Water Sup- ply— Power of Municipality — Complaint — Sufficiency — Description of Property — Water Rights. 1. PoUtical Code, Sec. 480O, as amended by Laws of 1897. p. 203, givea a city the right to acquire by condemnation proceedings water rights for the purpose of establishing a water supply system. 2. The owner of a valid water right owns a certain incorporeal hereditament 26 Mont.] CiiY OF Helena v. Rogan et al. 453 incident to his water right, to-wit, an easement in the stream and its tributaries above his point of diversion. lie also has the right to require Junior appropriators, who take water from the stream or its tributaries below his point of diversion, to forbear using such water when such use will deprive appropriators prior to him, downstream, of the use of water to which they are entitled. -8. In case of injury to a water right resulting from a tortious act in another county, the action may be brought In either county. 4. Under Code of Civil Irocedure, Sec. 610, requiring that actions for the recovery of real property or an interest therein, or for injuries thereto, shall be tried in the county in which the subject of the action or part thereof is situated, and Section 2210, providing that condemnation pro- ceedings shall be brought In the district court of the county in which the property is situated, proceedings to condemn water appropriated for irri- gation purposes may be brought and tried in the county in which the land is situated, though the water is to be taken in another county. p, A complaint by the city for the condemnation for a water supply of cer- tain water rights in a stream is not defective for falling to allege that the water supply can be procured without incurring an indebtedness which, with the existing indebtedness, will exceed 3 per cent, of the assessed valuation, or that the limit was extended by having the question sub- mitted to the voters, and that a majority of the votes was in favor of the proposition, notwithstanding Constitution, Art. XIII, Sec. 6, prohibiting a city from Incurring an indebtedness, including existing Indebtedness, ex- ceeding 3 per cent, of the assessed valuation, unless the limit shall be extended by a vote of the people for the purpose of procuring a water supply. 6. A complaint by a city for the condemnation of water rights in a stream for a water supply is not defective for falling to allege that it has a right of way to the stream, or that it will be able to get one. 7. Condemnation proceedings are statutory, and a strict compliance with the requirements of the statute Is necessary. ' 8. A complaint by a city for the condemnation for a water supply of water rights in a stream, alleging that defendants "claim to be the owners of and entitled to the right" of a designated quantity of w^ater of the stream "for Irrigating purposes" in a certain county, is fatally defective for failing to describe the lands, the number and size of the ditches thereon or appurtenant thereto, and the place of diversion, though it would Involve great labor and expense to so describe the property. 9. Under Code of Civil Procedure, Sec. 2214. Subd. 3, providing that, before property already appropriated to some public use can be taken under the right of eminent domain, it must appear that the public use to which It Is to be applied is the more necessary use, water appropriated for irrigation purposes may be condemned for the purpose of procuring a city water supply, where the use for which it is to be taken Is more necessary than the existing use. 10. A complaint in proceedings to condemn for a city water supply water already appropriated to a public use must allege facts which show that the use for which the water is to be taken is more necessary than the existing use, the relative degrees of necessity being a question for Judicial determination. 11. Quaere: In a proceeding by a city for the condemnation of water rights for a water supply, is a complaint good which does not state facts suffi- cient to show the court that It Is Impossible for the city to appropriate an ample supply from the unappropriated waters of the stream? 12. Quaere: In a proceeding by a city for condemnation of water rights for a water supply, is a complaint or decree good If it employ only the word ''inches" in relation to the measurement of water? 454 (^'lY OF IIklkxa r. Rogax et al. [Mar.T/02 Appeal fro til DistrUf Court, Lewis and ilarke (ounly; J, M. (Hemcnh, Jufhje. CoM>EMXATi'.>x proceed infrs for the piir\|Kii«e of establishing a water supply hystein by the city of Helena against Hugh J. Jifjgan, the Auks Realty Company, an<l others. From a judg- ment for defendant the Ames Realty Company, plaintiff ap- j)eals. Affirmed. Statkmi:.\t of thk (ask. This cause is l;efore us on a})peal froni the judgment of the district court in favor of the defendant Aniens Realty Company and against the })laintiff. The ])laintiff, in 1000, l)rought ])roceedings in the district court of Lewis and Clarke countv in eminent domain against 170 <lefcndants, including the Anus Realty (\)mpanv, to con- demn certain property. The complaint alleges that cm the 3d dav of DecemlKT, 1000, the citv council of the citv of Helena duly ])assed an 1 adopted an ordinance for the purpose of ac- (juiring by ccjudcmmiticai \7){) inches of the water and water riglits of McClcllan creek, and those water rights of Prickly Pear creek com])rising tin waters of said McClellan creek, for the ])urjx)se of j)rocuring a water Hup])ly for said city, which sliall own and control said supply, and devote the revenues d(»rive(l therefrom to the i)ayment of the debt incurred there- for; that the <)\\\y provision of the ordinance describing what water and water rights should l)e condemned is as follows: ^\Sec. 5. Tliat of the water and water rights of said McClellan creek and its tributaries, situated in Jefferson county, state of ^Fontana, and all thos(^ water rights of Prickly Pear creek, situat<»d in Jefferson and Lewis and Clarke counties, state of ilontana, comj)iisiug the waters of said McClellan creek, three hundred and fifiy (rSr>0) inches l)e condemne<l for the purjx)se of procuring a water su])idy for said city of Helena, which shall own and ?ontrol the same, and devote the revenues derived therefrom to tlu j)ayment of the d(^bt incurrcnl therefor." A 26 Mont.] (.^tTY OF Helena v. Rogan et al. 455 particular description of McClellan creek, allying that it is a tributary of Prickly Pear creek, and situated wholly in Jefferson county, is then set forth. Then follows a particular description of Prickly Pear creek from its confluence with Mc- Clellan creek r^ its mouth at the Missouri river. From the description it is seen that the distance from the confluence? of McClellan creek to the boundary line between Lewis and Clarke county and Jefferson county is about one and four-fifths miles, and that the remainder of Prickly Pear creek to its intersec- tion with the Missouri river is wholly in Lewis and Clarke county ; further, that all the water rights sought to l>e con- demned by this action are expressly described as being only those taken frojn that portion of Prickly Pear creek exclusively in Lewis and (Marke county. It is further averred that \said '350 inches of water and water rights sought to l)e taken is a part of and does not include all of the waters of McClellan creek and those water rights of Prickly Pear creek comprising the waters of said ilcClellan creek." It is alleged 'that the city of Helena has not now, and never has had, a water sup])ly or water system of its own ; that the use to wliich said water and water rights are to be applied is a public use, duly authorized by law, to-wit, the pro<niring of a good, pure, wholesome, and abundant suj^ply of water for the said city of Helena and its inhabitants ; * ^^ * and that the taking of 350 inches of water and water rights is#necessary to such use." Paragraph IG of the comjilaint is as follows: '0n informa- tion and belief [it is alleged] that each of the above-named defendants has or claims to have some right or interest in those water riiihts of Prickly Pear creek in I^wis and Clarke county aforesaid, whicii comi)rise the waters of said ifcClellan creek, each of which s.iid rights or interests are hereinafter more par- ticularly descri!)ed." Following paragra])h 1(), the comjdaint contains a descri lo- tion of the iTspective interests of each of the 170 defendants to the right to (he use of the waters of said Prickly Pear creek 456 City of Helena r. Kogax et ajl. [Mar.T.'02 in Lewis and Clarke county, and, inasmuch as the only descrip- tion pertinent to this inquiry' is that of the Ames Realty Com^ pany, there is set forth only that ix>rtion of tlie complaint de- scribing said company's interests, viz., it is all^e<l ''on infor- mation and belief that the said defendants Ames Reallv Com- pany, Henry Sepple Ames, Bradford Improvement Company, Marv C. Bradford, and Lucv V. S. Ames are or claim to be the owners of and entitle<l to the right to the use of about two hundred and seventy-five (^T5) inches of the waters of said Prickly Pear creek in said county of Lewis and Clarke, dating from al30ut the Jst day of April, 18G6, for irrigating purposes in said county ; and that, by reason thereof, of the said three hundred and fifty inches of water hereby sought to be taken, tliey are or claim to be the owners of and entitled to the right to the use of about two and one-half inches of the said waters of Prickly Pear creek comprising the waters of said McClellan creek, dating from said date, and for said purpose." It is fur- ther alleged "on information and belief that the said defend- ants Ames Realty Company, Mary C. Bradford, and Lucy V. S. Ames are or claim to be the owners of and entitled to the right to the use of about one hundred and sixty-seven inches of the waters of said Pricklv Pear creek in said countv of I^wis and Clarke, daring from about the 6th day of April, 1866, for irrigation purposes in said county, and that by reason thereof, of the said 350 inches of water hereby sought to be taken, they are or claim to le the the owners of and entitled to the right to the use of ab<^)ut one and one-half inches of the said waters of Prickly Pear creek comprising the waters of said McClellan creek, dating from said date, and for said purpose." It is fur- ther alleged in the complaint "that each and every and all of the said water rights of the above-named defendants hereinbe- fore set forth are more particularly designated and described by the respective ditches of said defendants carryir^ and con- veying said wat?rs from that portion of said Prickly Pear creek in said Lewis dud (^larke county, hereinbefore described, to and upon tlieir said ranches in said county of Lewis and Clarke.'' 26 Mont.] CriY of Helena v, Rogax et al. 457 The prayer of the complaint is for the relief usually sought in condemnation proceedings. Mr. Edward Horsky, Messrs. Toole £ Bach, and Mr. It. Lee Mord, for Appellant. This is a condemnation proceeding, and thercfore Section 2iil0 of the Code of Civil Procedure must necessarily be the basis for determining the venue of such actions. Respondents' lands, its ditch'.'S, and the portion of Prickly Pear cieek from which its water rights are taken, are all situated in one and the same county, namelv, T^wis and Clarke county. In view of these facts \ve contend that, applying the principles hereto- fore announced by this court, and by all other authorities, said water rights and the interests therein sought to be condemned, which constitute the pro])erty sought to l)o taken by the city, are situat^l in the county of T>ewis and Clarke. {Smith v. Deniff, 23 Mont. 05, GO Pac. 398 ; l\icl-er v. Jones, 8 Mont. 225, 10 Pac. 571; Sweefland v. Olson, 11 Mont. 27, 27 Pac. 339; T>ong on Irrigation, Sees. 73, 78, and authorities cited.) Under Section 4800 (Laws of 1897, pages 210-212), the citA' clearly has the right to acquire its own water supply, either by purchase or condemnation, or lK)th ; it is thereby author- ized and empowered. The question of j>ayment does not figure in condemnation i>roceedings until there is to be an actual tak- ing of the property cxjndenmed. Kowhere does the court pass upon the power or ability of the plaintiff to pay the damages, but, on the contrarv, the judgment is conditioned upon the pay- ment. In this way defendant obtains all the protection the statute gives him, and the court is not required to pass upon tJio matter in advance. It therefore has no placo in either complaint or summons. In so far as designating the quantity of water the plaintiff desires to take is concerned, it is specific and certain. It is running water, and can only bo defined by the number of inches to be condenmed. {Woodwai^d et al. v. Superior Court of City and County of San Fraywi^co et al., 40 Pac. 538.) For aught that appears from the face of the 458 Cvr\ OF Helexa r. Rogax et al. [Mar.T/02 • • coiii])Iaii)t, tliere is ?ufticieiit cdAi monev in the treasiirj' over aiul aUive ciirrc'iit o\|)oratiiig expanses, wherewith to purchase oiitriirht the wavfT snpplv. Tlie debt to be incurred is for the water supply uul system. As to whether a debt ^nll be in- curre<l, a <h'br within the three per cent, limit, or a debt beyond the three i>er cent, limit ; and if the latter whether the limit of indebtedness has Ixn^n extender!, that is a matter of defense to Ix? set forth in lai answer as a bar and defense to defeat this procetdin^, if It does constitute such a bar or defense. If the objecti(,n consists in the denial of some matter alleged in the j)etition, or in the existence of some extrinsic fact, which con- stitutes a bar t<j the ])roce(dinfr, the In^tter i)ractice is to make such objectimi in the fonn of a plea or answer to the petition.'' (Lewis <m Eminent Domain, Sec. ot>0, and numerous authori- ties cited. ) ''Though the statute must Ik* complied with, a substantial c<.m[>Hance is sufficient." (Lewis on Eminent Do- main (2d Ed.), r]4s, at page >24, citing: Indianapolis, etc. By. Co, V. Chri.sfian, 'XI Ind. 3(30; Shields v. McMahon, 101 Ind. 591; Ileick v. Voir/ht, 110 Ind. 279; McCallisier v. Slmei/, 24 L)wi, 302; i<{afe v. Pitman, 3S Iowa, 252; !<tevc7is V. Board of Sti/H'rvi.sors, 41 Iowa, 34; Toirnsend v. Chicago £• Alton By. Co., 91 111. 545; Byron v. Blounf, 97 111. 62; City of DccriiKj v. County Commiiisionvrs, 87 Me. 151, 32 Atl. K. 797; //'/A- v. Hamilton, 130 Mo. 292, 32 S. W. Rep. 458.) 'The substance not the ftirm will be lookeil to.'^ (Lewis, supra.) 'A complaint or ])etition for condenmation need contain only those allegJitions required by statute." (CaJtill v. Village of North Park, 149 111. 15(3 (1893), 3(5 X. E. ()0(} ; Id., 140 111. 1()2, 3(3 X. E. (JOS; Chicago, etc. Co. v. City of Chicago, 150 111. 597, 37 X. E. 1029.) That following the phraseology- of the statute is sufficient. (Flint, etc. By. Co. v. Detroit By. Co., 04 Mich. 350; 7 Ency. PL & Pr., 531, citing Bochester B. Co. V. Bobinson, 133 X. Y. 242; Inayle v. Missouri B. Co., (33 ^lo. 4f)5; Seaman v. Washington, 172 Pa. St. 467; Byrnes V. Douglass ( Xev. 1895), 42 Pac. 798.) ^The general rule 26 Mont.] Ci'vv of Helena r. Kogan et al. 459 is that the mode of procedure i>ointcd out by the statute must be pursued, to he exchision of all other remedies, lx)th on the part of the condemning party and on that of the land OAvner.'' (Ency. of PL k Pr., Vol. 7, p. 470, par. 4, and authorities cited in foot notes.) What is required by the statute to be stated on the part of the condemning party in its complaint, and what is the remedy of the land owner by the statute in re- spect to his defense, i. e,, what is required in respect to the matter of pleadings? Section 2217 of the Code of Civil Pro- cedure defines 'vhat the complaint must contain. On the trial plaintiff is only required to establish the facts required to be alleged under the statute, all else is defense. (Monterey County V. Vmh'uHj, 83 (^al. 507, 23 Pac. 700; CaUfomia S, R. Co, V. S, P. B, Co., 67 Cal. G3, 04, 7 Pac. 123.) The contention of defendant ^'that the fact that the city is authorized to Incur such indebtedness must appear in the com- plaint in the action," as well as all other matters which are not required to be stated under Section 2217, cannot be maintained: Xot being required to be stated in the complaint, they are mat- ters of defense, when material at all. All that could be re- quired under any condition is, that before the property is taken just compensation should be made. In so far as any conditions are concerned, it is only when the statute imposes conditions upon the power to condemn that it is necessarv^ to allege com- pliance with the conditions; and it must be noted that the statute must refer to the question of condenmation and not of taking. (See Vol. 7, Ency. of PI. & Pr., page 53G, e.) Pro- . vision is made by law for payment, and that is all that is re- quired. It is d condition precedent to the taking and not to the right to condemn. (Lewis on Em. Dom. (2d Ed.), Sec. 452.) ^The '•ondemnation of property for supplying a city or town with water is so manifestly a public use that it has seldom been questioned and never denied." (Lewis on Emi- nent Domain (2d Ed.), Sec. 173, and long list of authorities there cited.) '^The condemnation of a water supply system is within the unquestioned limits of the power of eminent do- 4G0 City of Helena v. Rogax et ai- [Mar.T. 02 main." (T^jug Island Water Co. v. City of BrooUyn, IttO U. S. CSr., 41 L. Ed. 1105.) The next qu-?tion i>? : Is the nse more pnWic than that to which it is no>v applie<l ? We submit that this appears from the complaint, in that it is sliown that the city of Helena, a municipal cori^ration, wliich is a city of the first class, having a population of more than ten thousand people, and of which the courts take judicial notice, is seeking to acquire a good, pure, wholesome and abundant siipply of water for municipal and domestic purposes. That tliis use is sui)erior to the use to which it is now devoted by defendants is self-evident. From the facts allegt;d in the complaint, or proved to the court or judge under Section 2220, Code of Civil Procedure, the de- scribing the nature of the use, the court or judge must decide whether it is a more necessary public use than that to which it is already devoted. It is a legal question. The facts being alh^od, the court must decide therefrom. Xo allegation of a legal conclusion by the plaintiff would suffice or strengthen the complaint in the least. Tlie complaint amply sots forUi these facts. It is therefore sufficient in these respects. It is asserted that by reason of the constitution providing that "water appropriated for sale, rental, distribution, or other l)eneficial use, shall be held to be a public use," water which is already taken for a lieneficial use cannot be taken for any other use. That provision of the constitution is not intended as a limitation upon the right to condemn such classes of property as are therein descrilxHl, but bv wav of and for the purpose o defining and milking such nscs of private proporty public uses; siidi uses of private, property, in the absence of said constitu- tional provisions, might or miglit not be held public, and there- fore tlio constitutional framers, to avoid any doubt about the matter, expressly recognized such uses as public. (10 Ency. L. (2d Ed.), p. 1071.) Moreover, this provision should be con- strued in conne?tion with Article XIII, Section G, of the Con- stitution, autliovizing cities to extend their limit of indebted- ness to secure a water supply. In the case of St. Helena Water 26 Mont.] City of Helena. y. Kogax et al. 461 Company v. Fovhes, 62 Cal. 182, construing article 14 of the California constitution, similar to Montana's, it was held that '^supplying a town with Avater is a public use within the exer- cise of eminent domain, and the waters of a creek may be con- demned therefor." (See also McCrary v. Beadry, 67 Gal. 120; Cumniings v. Peters, 56 Cal. 593.) The case of Elllngliouse v. Taylor (Mont.), 48 Pac. 757^ construes Section 15 of Article III of our C<>nstitution, and states that the use of water to irrigate a 160-acre field, owned by one person, is on principle a public use just as if there were thousands of acres owned by many different persons, "the dif- ference being only in the extent of the benefit." The court evi- dently recognized the fact that there is a difference in the ex- tent of the benefits. We submit this same difference would obtain in so far as it relates to which of given public uses is a more necessary one than another. The extent of benefits to be derived by the public would be one of the elements entering into a determination of the question. A case, which, while Inot deciding the precise points involved herein, but shedding much light upon many features of this appeal, is that of Oregonian By. Co. V. Hill, 9 Ore. 376, and as to the character of a judg- ment in condemnation, see Oregon Ry, Co, v. Bidwell et al., 3 Pac. R 684. The amended complaint shows a sufficient description of the property. (Code of Civil Procedure, Sec. 2213, Subd. 4; St Helena Water Co. v. Forbes, 62 Cal. 182; Randolph on Em. Domain, Sec. 313; Lewis on Em. Domain (2d Ed.), Sec. 350; Corey v. Swagger, 74 Ind. 211; Wright v. Wilson, 95 Ind. 408; Ingraham v. Camden Water Co., 82 Me. 335 ; In re Ma- lone Water Worhs Co., 15 N. Y. Supp. 649 ; 18 Cent. Digest, 1529; Village of Champlain v. McCrea, 165 jST. Y. 268; Ean- dolph on Em. Domain, page 300.) House Bill Xo. 203 of the Sixth Session Laws, is complete and perfect upon the subject, and supplants the provisions relied upon by defendants; this is intended to be a law special and applicable to all cities and to embrace the whole subject. {Gar- 4('»2 City of Helena r. Rog.vx et ai^ [Mar.T/02 reft V. Bradley, 3 App. Cases, 052 ; People v. Jaehne, 103 X. Y. 182 ; State v. Jersey City, 54 2s. J. L. 49 ; Hiisserc v. Com., 25 Pa. St. 120 ; 23 Eney. Law, p. 485 ; In re Wheelock, 3 X. Y. Siipp. 890-81)2.) Mr. Massrna Bullard, Messrs, Clayherg & Gunn, and Mt\ J. Miller Smith, for Respondent, Ames Realty Company. Respondent asserts and elaims the right to argne before this court the question as to whether or not the amended complaint states a cause of action. If it does not state a cause of action, tlien the ruling of the court below on the demurrer is entirely immaterial. Tliis court has decideil frequently that this ques- tion can Ik? raised in the supreme court for the first time. (Code of Civil Procedure (Mont.), Sec. 6S5 ; Territory v. Virginia Road Co,, 2 Mont. 90; Gillette v. Hibbard, 3 Mont. 413; Parker v. Bond, 5 Mont. 1; Foster v. Wilson, 5 Mont 53; Quirk v. Clark, 7 Mont. 231; Garver v. Lynde, 7 Mont lOs; Whiteside y, Lebcher, 7 Mont 473.) 1. The allegations of said amended complaint do not show that the city of Helena has authority to acquire the property sought to be taken. (Subd. 75 of Section 4800 of the Political Code as amended by the Act a])proved March 8, 1897 (Laws of 1897, pp. 203-212); Constitution, Art XIII, See. 6; FletcJier v. Perk, 0 (Vanch, 87-145; Cooley's Const Limita- tions (5th Ed.), pp. 093-094, and notes; Constitution, Art- Ill. Sec. 14; Godfrey v. DistriH Court, 40 X. W. 355; Sage V. City of Brooklyn, 89 X. Y. 189; Chapman v. Gates, 54 X. Y. 132; Peopk' v. Ilayden, 0 Hill, 359; Code of Civil Pro- cedure, Sec. 2217; Subd. 04 of Sec. 4800 of the Political Code; Matter of City of Buffalo, 78 X. Y. 302; In re Mont- gomeiy, 48 Fed. 890 ; Heck v. School Dist No. 2, 14 X. W. 493 ; Lane v. Saqinmv, 53 Mich. 442 ; United States v. Oregon Ry Co,, 10 Fed. 524; Whitehead v. City of Denver, 56 Pac. 913; Cooley's Const Limitations (5th Ed.), Sees. 653-654; Clay V. Penfwyer Creek Improvement Co,, 34 Mich. 204; 26 Mont.] City of Helena v. Rogan et al. 46^^ State V. Clinton Water & Water supply Co., 46 Atl. 650; Cooley^s Const. Limitations (5th Ed.), Sec. 528.) 2. Under the constitution and statutes property cannot be acquired, under the power of eminent domain, except for a public use. The use to which the water supply in question is to be devotetl, according to the allegations of the amended com- plaint, is to supply the city and its inhabitants with water. The water cannot be made useful for this purpose without a Avater plant and system and without the right to conduct said water from its iK)int of diversion to the city. It does not ap- pear that the city has a water plant or system, but on the con- trary it is expressly alleged that it has not. It is not authorized to acquire a pUmt or system except upon compliance with the conditions stated in Subd. 64 of Sec. 4800 of the Political Code, as amended, and with the provisions and conditions of House Bill Xo. 206. Until it is authorized to acquire a plant and system in connection with which it can use the water sup- ply in question it cannot acquire such supply by the exercise of the right of eminent domain. {Wi^sconsin Water Co. v. Wians, 20 L. R A.'663.) 3. There is no allegation in the amended complaint in any way tending to show either that it now owns and has acquired a right of way for conducting the water sought to be condemned to the city of Helena, or any allegations seeking to condemn such right of way. As alx)ve stated, the city is not in any posi- tion as shown ))y its amended complaint to put the waters sought to be coudemned to a public use, {Houghton v. Huron Copper Mining Co., 57 Mich. 547.) 4. It appears from the amended complaint that the water sought to be taken has already been appropriated and is now being used for tiie purpose of irrigation and otherwise. Under Section 15, Article III, Constitution of State of Montana, the water desired +o be condemned in this suit is now devoted to a public use. Ordinarily, where property has been devoted to a public use it may be taken for a more necessarj- public use^ (Sees. 2212, 2214, of the Code of Civil Procedure.) Where 4G4 (.'ii'v OF IIelexa i\ Kogan et al. [Mar.T.'02 it is sought to iake property already appropriated to a public use it is necessary, under the provisions of this statute, to al- lege and prove lliat the use for which said property is sought to be taken is :i more necessary public use. (City of Heleiuh V. llai^ey, 6 Mont 114.) We submit, however, that by virtue of the provision of the constitution above quoted water which is l>eing used for any beneficial use cannot be taken for any other use, whether the other use is a more necessary public use or not. The constitution does not give any particular use a preference over any other use, but says that water appropriated for sale, rental, distribution, or other l^eneficial use shall be held to be a public use. In the case of Ellmghouse v. Taylor, 48 Pac. T57, there is a clear judicial declaration that the use of water by one individual is just as much a public use as the use of water bv many. As stated bv the court in this case, the only distinction between the use of w^ater by one and tlie use by many is in the extent of the benefits and not in the character of the use. But, again. It is an established rule of law that w^here property Las been already appropriated to a public use it cannot be taken for a more necessary public use wholly in- consistent with '.he first use, unless there is a clear and explicit statutory authorization so to do. (Matter of City of Buffalo, 68 K Y. 167:175; SJiaro7i Ry. Co,, 9 Am. St. Rep. 133; L. & iN. R. Co., V. Whitley Co. Court, 44 Am. St Rep. .220 ; Cincinnati, etc. R. Co. v. Anderson, 47 Am. St. Rep. 285; Matter of Rochester Water Comm'rs, 66 K Y. 413; Fort Wayne v. Ry. Co., 32 Am. St. Rep. 277 ; L. M. <& C. R. Co. v. Dayton, 23 Oh. St. 510 ; L. E. etc. R. Co. v. Comm'rs, 57 Fed. 945; B. A. & P. Ry. Co. v. M. U. Ry. Co., 16 Mont. 543.) The general grant of power to take property for a public use, and a provision authorizing the taking of property already devoted to a j^ublic use, for a more necessary public use, are insufficient to authorize the taking of property appropriated to a public use for another public use, which is inconsistent with the first use, and where the two uses stand together. The use of tlie w^ater sought to be condemned by the city is utterly in- 20 Mont] City of IIei.kna v. IIogax et al. 465 c-<»iisistent with ;md will absolutely destroy the use of water for irrigation or other purposes. 5. The amended complaint does not contain sufficient de- scription of the property' of these resi>ondents sought to be con- demned. (Code of (^ivil procedure, Sec. 2217, Subd. 5; Code of Civil Procedure, Sees. 2221, 2228; >S7. Helena ^yater Co. V. Forbes, 02 Cal. 182; Tucker v. Jones, 8 Mont. 225; Sweei^ land V. Olson, 11 Monf. 27; Beatty v. Murray Placer Mining Co., 15 iEont. J514 ; see also Wigr/ins v. Muscupiahe L, & ]!'. Co., 51: Am. St. Kep. 'Ji7 ; Estee's PL, Sec. 5452 e; Aliso Water Co., v. Baker, 1)5 Cal. 208; Los Aiigeles v. Pomeroy, 124 Ciil 51)7-r>13; Mailer of P. R. Co., 70 X. Y. 191.) <). Water cannot l)e divei-ted from a private stream under authority granted by the legislature in the exercise of the right of eminent domain for the purpose of supplying a town or village with water, without making comjx^nsation to the ri- parian proprietors whose rights are thereby injuriously af- fected. (Il&mor V. Bwr Harbor Water Co., 3 Atl. 40 ; Gould on Waters, Sec. 245.) The doctrine of riparian rights as established by the common law prevails in Montana. (Cruse V. McCaidey, 9G Fed. 309; Benton v. Jolincox, 01 Am. St. Eep. 913.)- 1. The amended complaint is defective for the reason that it is not alleged therein that the use for which the property is sought to be taken is a more necessarj^ public use than that to which it is now applied. Section 2217 of the Code of Civil Procedure provides: '^The complaint must contain * * * a statement of the right of* the plaintiff.'' Section 2214 pro- vides: ^'Before property can be taken it must appear: (1) That the use to which it is to be applied is a use authorized by law. (2) That the taking is necessary to such use. (3) If already appropriatetl to some public use, that the public use to which it is' to Ixi applied is a more necessary public use.'' (City of Helena v. Harvey, 0 Mont. 110; M. C. By. Co. v. //. & P. M. P. Co., 0 Mont. 410.) This court will not take judicial notice of the fact that one use is a more neces^^ary Vol XXVI-30 4ri8 City of IIelexa v. Kogax et ai-. [Mar.T.'02 county though it was use<l to irrigate and was appurtenjnt t> a ranch in Lewis and Clarke oountv. Land in Jefferson county might he appurtenant to land in Lewis and Clarke county for j>urposes of pasture, flooding, or a way for teams or water ; but if such servient land w'ere desired for a public use it and all such rights of way, flocnling, and pasture would l)e condemned in Jefferson county. The respondents who have made appro- priations of tlie waters of Prickly Pear creek l)elow the mouth of AfcC^Jellan crwk in Lewis and Clarke countv are interested as owners or tenants in conunon in the waters of McClellan creek, and the r(»spondents' rights to the three hundred and fifty inches of water of ^IcClellan creek, sought to Ik* con- demned l)y the a})jK]lant, have their locus on McClellan creek. In other words, these rights are property on McClellan creek, and no part of ihese rights to or property in said three hundred and fifty inches of water while in McClellan creek can be in Txjwis and (Marke county. (Lytle Creek Water Co, v. Per- deiv, 4 Pac. 426, 420, near end of page; Santa Paula Water Worlcs V. Peralta, 45 Pac. 1G8, 169, near top of first column.) The amended complaint shows clearly that appellant is not seeking to condemn water or water rights of Prickly Pear creek, but simply and exclusively the waters of McClellan creek. If appellant's theory were correct, "once McClellan creek water, ahvavs ^IcClellan creek w^ater," it would be nee- essary for it to bring action in every county along the Missouri river, and ]\Iississippi river to the Gulf of Mexico, against nearly all the inhabitants along those streams, before it could get an unclouded title to McClellan creek w^ater, as each person W'ho uses such waters is entitled to his day in courts This shows the absurdity of appellant's position. Therefore, as ta said water rights the district court of Lewis and Clarke coimty has no jurisdiction. MR. JUSTICE MILBURX, after stating the case, delivered the opinion of rhe court. Xmnerous i)oints have been argued and submitted, the attack 26 ]Mont.] CiT\ OF Kklexa v. Rocjax kt al. 469 being on the siiifieiency of the complaint. Tliey are as follows : 1. Has the city the right to acquire by condemnation pro- eeedings water rights for the purpose of establishing a water supply system for the purposes set out in the complaint i We think it has. House Bill 203 of 1897, amending Section 4800 of the Political Cede of 1895, is entitle<l ^Ati Act to anumd Section 4800 of the Political Code relative to legislative powers of cities and to enable cities and towns to acquire by purchase, construction or condemnation proceedings water plants, water supplies, franchises, public buildings and sewers." ''Section 4800. The city or town council has iK>wer: * * (64) * ^ * For the purpose of providing the city or town with an adequate water supply for municipal and do- mestic purposes, the city or town council shall procure and appropriate wacer rights and title to the same and the neces- sary real and i>ersonal projx^rty to make said rights and supply available, by purchase, appropriation, location, condenmation or otherwise." (Laws of 1897, p. 203.) The above provision, which has been in force since March 8, 1897, plainly gives the city the power sought to be exercised in this suit. Th.c Act referred to is the last utterance of the will of the legislature on the subject, and controls. 2. Has the district court of I^vvis and Clarke county juris- diction to try and determine this suit under the allegations of the complaint ? We think it has. The plaintiff seeks to condemn pro tanto the reHi)ective water rights of the defendants. Although the language of the com- plaint is very far from explicit, there seems to Ix? an attempt to allege that each of the defendants owns a water right appur- tenant to lands in I^wis and Clarke county, — a right to the use of water nmning in Prickly Pear .creek. It also appears that McClellan creek, w^hich lies entirely in Jefferson county, is a tributary of Prickly Pear creek, and that plaintiff desires to divert from said McClellan creek 350 inches of water. Each person owning a valid water right in Lewis and Clarke county is the owner of a certain incorporeal hereditament, to- 470 Ci! Y OF Helena v. Rogax et al. [Mar.T.'02 \iit, the right to have the water flow in PricMy Pear creek from the head thereof, and from tlie head of each tributary thereof above his place of diversion, in sufficient quantity to the head of his ditch or place of divei-sion, and to have it of such quality as will meet his needs as protected by his water right ; tliat is, he owns an easement in the stream and its tribu- taries above his jwint of diversion. lie also has the right to require appropriators sul)ordinate to him and his water right^ who have appn)])riated and who take water fmm the stream or its tributaries l)elow his ix)int of divei-sion, to forbear using such water when such use will deprive appropriators prior to him, downstream, of the use of water to which they are enti- tled ; .otherwise he might l)e recjuired to forbear the use of water to which lie is entitled in order to supply the appropriator first in order of priority. This interest in the stream and its tribu- taries is an easement, and is part of and incident to the water right, to-wit, the property sought to be condemned. Therefore we see that the property sought to be condemned extends over part of the two counties mentioned. Section 610 (^f the Code of Civil Procedure provides: ''Ac- tions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situ- ated, subjeet to the power of the court to change the place of trial, as provided in this Code: (1) For the recovery of real property, or of an estate or an interest therein, or for the deter- mination in any fonn of such right or interest, and for injuries to real property. * * " Section 2216 of the same Code, referring to proceedings in eminent domain, is as follows: ''Sec. 2216. All proceedings under this Title must l)e brought in the district court of the county in wliich the property is situated. They must be com- menced by filing a complaint and issuing a summons thereon.'^ This section is identical with Section 1243 of the Code of Civil Procedure of California. It is well to note that Section ^ilO provides that all proceeilings in eminent domain must 1)0 hroughi in liio district court, etc., whereas Section 010 re- 26 Mont.] City of Helena v. Rogan et al. 471 quires that actions relating to real estate as aforesaid must be tried in tJie county in which the subject of the action, or some part thereof, is situated, etc. There has been some controversy as to the effect of the words "be brought," — as to whether the action, having l)een broitght in the county where the property sought to be condemned is situated, may be tried and deter- mined in such county. We do not think there is any merit in the controversy. Jn the case oi Califontia S, R, Co, v. Souiheni Pac. K, Co,, (jo Cal. 304, 4 Vac. 344, the court3 in a condemnation proceed- ing, lield that a proceeding in eminent domain, according to Section 1243 of the Code of ("ivil Procedure, supra, must be brought in the superior court of the county in which the prop- erty- is situated, and in the opinion in the case uses this lan- guage: ''The conclusion here reached is sustained, in our judgment, by Section 1243 of the Cx)de of Civil Procedure, requiring all ])r.)ceedings under the title in regard to eminent domain to be brought in tlio superior court of the county in which the property is situated. This language means some- thing more than that the proceeding must be commenced iil such superior ^ourt. There are strong reasons w^hy such pro- ceeding should he had in the county Avhere the land sought to 1x3 coTidomned is situated. The compensation for the land sought to be taken is to be determined ui^n testimony, and the witnesses most competent to speak u]H)ii this subject will usu- ally be found ui the county referred to." In support of respondent's contention that the action should not be brought in LcAvis and Clarke county, but in Jefferson county, counsel argues that an action for nuisance committed by jiersons polluting the stream in Jefferson county wotild nec- essarily have to be brought in Jefferson county. We do not think that reason or the authorities- will bear out this conten- tion. In case n nuisance l>e erected in one county to the injury of lands in another, then the action may l>e brought in either county. An action for a nuisance created by the erection of a dam in a navig-ible river is local, and cannot be sustained else- 472 (miy dk IIelkna r. Kogax kt al. [Mar.T.'02 Avhere than in ihe county where the dam is erecte<l, unless in the case where the dam erected in one county injures the land of an individual in another, when the action may Ix? main- tained in either county. (OUphani v. Smith, o Pen. A: W. 180.) In the rase last alx>ve referred to, as in the case at bar, a view is necessary, and the court remarks: 'And, in general, wherever a view mav Ix^ necessary, there the action must Ik? l«-()Ught in the county where the injury arisc^s ;" the court ad- ding that the exception to the rule is the erection of a nuisance in one county to the injury of lands in another, in which case the action may he brought in either county. Besides, ea-h one of the defendants having a water right — that is, the right to tlu^ use of water diverted from Prickly Pear creek — has an interest in all the water of Prickly Pear creek and its tributaries alxive his point of diversion. Hence it fol- lows that the ::j)purtenance to his land in Lewis and Clarke county extends into Jeffei-son county, and is pro\|)erly located in both counties; in other words, it mav l>e called a ''blanket right" spread over two counties. Yollowing the reasoning of the courts which have declared that in case of injuiy in one countv resultinij from a tortious act in another county the ac- tion may be brought in either county, and considering Section 22 K;, supra, nhich, in our opinion, requirCvS the action to l^e brought and trird in the county where the property is situated, subjwt, perhaD.s to removal for sufficient cause, and the locus of the pro]K»rty, as we have herein described it, as being in both counties, we must and <lo conclude that the action was properly brought to be tried in T^wis and (Marke countv. '3. Is it necessary to allege in the ccmplaint that the water su])])ly can be obtained without incurring an indebtedness, or that tJie limit of indebtedness has been extended in the manner prescribed by >>ection T) of Article XIII of our Constitution ; or is it essential to allege that the question of procuring a water sui/])ly has been submitte<l to, and voted upon by, the tax- payers, and that a majority of votes has been cast in favor of the proposition ( We think that each of these questions must be answered in the negative. 26 Mont.] City of Hklkxa r. Kogan et al. 473 If the citv has not put itself in a jX)8ition to take the prop- <^rty sought, it may not take the same; but power to initiate proceedings to condemn and power to take — that is, to pay the. damages whicli may be assessed, and to possess itself of the iieccv^jsary property after a decree of condemnation has been entered thereon — are verv different matters. It is not to be a, prc^sumed that a city is without ix>wer to do what it undertakes to do in a case of this kind ; nor is it to be presumed that it has failed to do w^hat is necessary for it to do in order to sue- ceed in its undertaking. If, because of failure to do any of the things suggested in the questions al)ove stated and now under consideration, it has not the authority to nuiintain tlie action, to make this manifest it is onlv necessary that s\ich faihire be I' »■ shown by answer, if it 1k^ material in opposition to the con- demnation of the property. The law giving it the power to in- stitute condemnation proceedings does not require it to allege in its complaint that it lias the money in hand to ])ay for the ])roperty after it has been condemned, or to aver that the limit of indebtedness has IxH^n extended, or to declare that the elec- tion aforesaid has bec^n held Avith the result suggested. 4. Is it fatal to omit from the complaint an allegation that the city has a riffht of way from the creek to the citv, or that it is able to get one ? It does not apj)ear to be necessary so to allege. It is not any concern of the owners of the property whether the water comes to Helena or not. It would hardly Ix* necessary to allege and proye that the city has engaged the services of a i'omi>etent civil engineer, and put him \inder bonds to lay out a feasible route, and to direct and superintend the laying of the pipes so well and faithfully that the water will actually run to Helena, before the ow^ners of the property sought may Ix^ ^•equired to part with it for a public use. What rights and remedies a city taxpayer, as such, may have in case the plan is foolish, or iniix>ssible of execution, is aiKither questi jn ; but this we do not now consider. r>. Is the description of the several properties to be con- demned suffici ?nt ? The law requires that ^^a description" of 474: City of Helexa r. Rogax et al. [Mar.T.'02 the proi>erty Ije set out in the oomplamt. The citv seeks to coiulemu nuinerons water rights, each pro tanio. What is a water right? Tn Smith v. Denniff, 24 Mont. 21, 60 Pac, 398, 81 Am. St. Tii]\ 40S, it is defined as the legal right to use water. This may be modified to mean, in this case, the right to use water appropriated according to law from the streams of the state for anv useful or beneficial purpose. From what deserii)tion there is in the c«implaint, we learn that all of the water rights referred to are rights to tlie "use of waters * * * for irrigation purposes.'' Condemnation proceedings arc statutory, and a strict compliance with tho re- quirements of The statute is necessary. It has been held that ^'extreme accuracy is required in the description of the i>rop- erty sought to bo acquired, and there must be no uncertainty in such description or in the degree of the interest sought to be acquired/' (Metropolitan Elevated Railxiay Co. v. Doml- niclc, 55 llun. IDS, S X. Y. Supp. 151: In re Sew Yorh Cent, & If. R. R. Co., 70 X. Y. 191 ; AUso Water Co. v. Baker, 95 Cal. 208, 30 Pac. 537; 3 Estee, PI. 5452; Long, Irr., at page 2G2.) We tliink that it is not necessary to go to extremes in describing the pro])erty, but we agree with the last-named au- tliorities in what is said as to the necessity of so describing the property that there will be no uncertainty in the decree, and that the •oniuiissioners mav know what damages to ap- praise. The city is n.slciiu/ the court for leave to damar/c the lands of respondents. Tliis is apparent from the complaint, for there is no stronger inference to be drawn therefrom than that the water rights are held for tlie useful and beneficial puri)ose of irrigation. There cannot be irrigation without lands to irri- gate. There is no description whatever of the lands to be dam- aged, except tlie reference to ^the use of * * the waters * * * for irrigating ])urposes in said county," thereby giving the court an idea that at least part of the land to which each water riglit pertains is somewhere in Lewis and Clarke county. (Vrtaialy, the value of the water right to 1)0 taken, 26 Mont] City of Helena i'. Rogan et al. 475 in whole or in part, is dependent upon the kind and extent of the lands irrigated, as well as upon such other uses as the owner of such right may hereafter be able to put it to, as he is per- mitted to do under Section 1882 of the Civil Code. It may not be successfully argued that, as in the present case, — in which there are so many scores of owners, — it w^ould be a tremendous labor, involving great expense, to describe fully each water right with the facts necessary to let the com- missioners know what proi>erty they shall consider in assessing damages, and to inform tlio court what to include in its decree ; so that, at least whoi the do<rec is recorded in the office of the recorder of deeds, it may give notice to the world what sort of interest and what title tlie respective owners have in and to their real estate after the condemnation of some part or in- terest therein has been concluded. The argument of conven- ience in drawing complaints cannot a}>peal to us. The case is the same as to i:hat as if the desire of the city were to damage a ten-acre farm, easily described, by condemning and taking a water right nppurtenant thereto. How full the description need be is not vor us to point out. It should, however, we may venture to say, include a description of the lands, their loca- tion, the point of diversi(m of the water, and the number and size of the ditclies u^wn the said lands or appurtenant thereto. 6. Another question presented is this: Can water already appropriated to a public use be condemned in eminent domain proceedings for any other use, whether the other use is a more necessary public use or not? Section 2214 of the Code of Civil Procedure provides that : * Before propeily can be taken it must appear: * * * (3) If already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use." It must so appear in the com- plaint The use of water to irrigate a farm under the water- right law is a public use. (Section 15, Art. Ill, Constitution; EUinghovse v. Taylor, 19 Mont. 402, 48 Pac. 757.) The law permits the condemnation of a water right by a city, as we have seen. Therefore the position taken by respondents, to-wit, that 47G City ov IIkm:xa r. IlixtAx kt al. [^Far T/02 Avatcr wliieli is l)ciii^ used for aiiv beneficial use cannot be taken f(ir anv other use, wliether the other use is a more necee- sarv ]>ublie use :>t not, is not tenable. Whether the use of water by the city is nwessarv — that is, wliether the city needs a water su})j>ly — is for ilie city, and for the city alone, through its coun- cil, to say. Whether it is necessary to condemn the water right in order to suj)ply the city is to l)e all^etl, and is a judicial question to Ik* iletennined by the court. That it is a more nec- essary use than that of the ranchman is to Ix* alleged, and by the court iudiciallv determined. If it were not, then not onlv could a citv condemn and take the water from a ranchman owning and irri^^ating 1(50 acres of land, but could, on its own allegation of su[)erior necessity, condemn and take the water from another and a neighl)oring city, and leave it dry. And here again we may, in j>assing, say that the necessity for a complete description of the projK^rty to l)e taken is necessary, to tlie end that the court may see tliat the ])ro}K)sed use is su- perior in pf)int of necessity to the present public use. The right to take depends largely ujwn the sui)erior neces- sity. In 18(S() :his court, in City of Helena v. Harvey, G Mont. 114, J) Pac. 90:3, held that the right of the city to have the proi)erty condemned must bo stated in the complaint. (Re- vised Statutes of 1S71), (\>de of (Mvil Procedure, Sec. 586.) The right will dei>end, among other things, upon the answer to the question : Is the intended use superior in \|X)int of ne- cessity to the i)resent use? Enough must Ix* alleged to show to the court tliat it is. The mere statement that it is a use suj)erior in ner»essity would not l)e sufficient without the facts as to the presv'iit use coupled with those aj>pertaining to the intended use.' Besides the ul)ove matters, which are called to our attention in the briefs, we think it not inappropriate to suggest for the consideration of counsel the following matters, which occur to us: Tt seems that the city is attempting to secure a water right by acquiring a small fractional interest in each of a very large 2i\ Afcint.] Ci'i y of IIelkxa r. Hogax >:t al. 477 lumiber of water rights belonging to numerous persons, respect- ively, these water rights l)eing of different dates of appropri- ation from 180G up to and inchiding 1890, involving different priorities. If ihe city prevail, what will it liave if it get the decree prayed for i It can only acquire from each owner what he owns. If A. be subordinate to B. in the use of water, and B. be sulKjrdinate to C, and so on, how can the city lawfully use any of the water formerly used by A. until B. is through with the use of what is Ic^t to him after the condemnation ])roceedings are concluded i If there 1k^ water enough for all, there would be no tr()\d)le; but, if the ranking appropriators use each to the full his prior right, the small fractions owned • hv the city would be of little value. Mav it not be assumed that water is scarce in the creek, or this proceeding would not be in courts We jass no opinion on this nuitter, either as affecting the possibility of constructing a complaint which will be goo<l for substance, or as affecting any other phase of this case. AVe suggest further, as worthy of consideration, this point: In the absence of any allegation as to the volume of w^ater in McClellan creek from which the city seems to desire to divert water, can a complaint be good which does not state facts suffi- cient to show the court that it is impossible for the city to ap- propriate an ample supply, in manner and form as any other person may under the provisions of the Civil Code, Title VIII, Part IV, Div. II, Section 1880, et seq,, and amendments? There are no ^iich facts set out in the pleading. If there be water in the stream sufficient for all, and to spare, may the city condemn the rights of others ? AVc pass no opinion as to this question. We suggest, also, that counsel examine the law uj)on the question, which is suggested to us by reading Section 97 of Long on Irrigation, and the cases cited, in reference to the measurement of water, and as to whether a complaint or decree in such a case as the one before us would l)e good if it employ 27 478 5;k 28 ~4~78 80 J29 26 1» 478 232 26 40 478 209 478 T. C. PowEK k Bbo. r. Stocking. [Mar.T.'02 only the word "inches" in relation to the measurement of water. Wc do not express any opinion as to this matter. Judgment affirmed. Affirmed. Mh. Chief Justice Bkantly: I concur. Mr. Justice Pigott: While I am not satisfied that the description of the property sought to be condemned is fatally defective, I am inclined to think that the better reasons sup- IX)rt the conclusion announced in paragraph 5 of the opinion. I concur. [For opinion on motion for rehearing see '27 Montana Re- ports, p. — .] T. (\ POWER & BKO., Ei^AL., Respondents, r. STOCK- TXG ET AL.^ AprET^LANTS. (No. 1,393.) (Submitted January 29, 1902. Decided May 5, 1902.) Appeal — Buh'S of (he Supreme Court — Briefs — Revieic of Evidence — Nonsuit — Failure to Stand on Motion — Aider of Plaintiff's Case, 1. A failure on the part o£ appellants to conform their brief to the require- ments of Subdivision 3 of Rule X of the Supreme Court, precludes a hear- ing of the appeal on the merits. 2. Where the record on appeal does not show that it includes all the evidence, the question of the sufflciencj^ of the evidence will not be considered. 3. Where a defendant fails to stand on an adverse ruling on a motion for nonsuit, and there be introduced thereafter other evidence which supplies the defects in plaintiff^s case, such evidence inures to plalntlflF^s benefit, and cures the defect, so that it cannot be urged as a ground for new trial. Appeal from District Court, Choteau County; Dudley Du Bose, Judge. k 26 Mont] T. C. Power & Buo. v. Stocking. 479 Suit to set' aside a fraudulent conveyance by T. C. Power & Bro. and another against Winfield S. Stocking and others. From a judgment against certain defendants, they appeal. Affii-med. Mr. Wm. G. Downing, and Mr. Samuel Stephenson, for Appellants. Messrs. Walsh & Newnmii, and Mr. C. N. Pray, for Be- spondenis. ilR. CniEF JUSTICE BRANTLY delivered the opinion of the court. This action v;as brought by plaintiffs to obtain a judgment setting aside conveyances of certain lands situate in Choteau county by defendant W. S. Stocking to his co-defendants Mar- garet and Katherine L. Stocking, on the ground that the con- ve^'ances were made without consideration, and for the purpose of defrauding the creditors of W. S. Stocking. The plaintiffs allege that they are creditors of W. S. Stocking, who is in- solvent; that }ie has no other property out of Avhicli they can obtain satisfaction of their claims: and that thev have secured liens upon the ^ands conveyed by Stocking by means of attach- ments levied thereon and judgments against him. The district court rendered a judgment setting aside the conveyance to Margaret Stocking, and directing that the lands conveyed, except certain residence property at Fort Benton occupied by the defendants W. S. and Margaret Stocking as their homestead, be subjected to the satisfaction of plaintiffs' judgments. The conveyance to Katherine L. Stocking was found to have }x?en made in good faith and for a valuable con- sideration. The action was dismissed as to her. The other defendants moved for a new trial, which was denied. They thereupon appealed to this court from the judgment and the order denying a new trial. On motion, the appeal from the order denying h new trial was dismissed. The case is now be- fore us on appeal from the judgment only. 4S0 T. (.'. J'mwhu i: Bkd. r. Stockixg. [Mar.T/02 At tlie Iji-ariiig in this court, counsel for appeUants confined tlieir argmiieiit to the sole question whether the district court erred in refusing to direc-t a nonsuit; expressly waiving all other assignments of error niatle in the brief. Ujwn the record iK't'ore us, we i?re precluded fnun eonsidering tlic case iqwii tlie merits, for nvo reasons: 1. The hrief filed l)y appellants wholly fails to comply with the rwp.iremeiits ..f Sul.division 3 of Kule X of this o.mrt, in that it dtjcs not contain "a cimeise abstract or statement of tlie case, presenting sueeinctiy the questions in volved, and the manner in which they arc raised," with references "to the page nnnibers in the transcript in such manner that pleadings, evi- dence, orders and judgment may he easily found." This court has frequently held that it will not undertake the examination of a case when :he l)ricf fails to furnish the aid which the nile requires that it shall. {McVleary v. Vmidey, ii ilont. 245, Sti Pac. 227; 8mUh v. Denniff, 23 Mont. 65, 57 Pac. 557, 50 L. \l. A. 737; Rehbevfj v. Greiser, 24 Mont. 487, 62 Pae. 820, (13 Pac. 41; Kranich v. Helena Vonsolidated Vt'aler Co., 26 iloiit. -■S71>, t)8 Pi-e. 408.) The stat^-ment in this case furnishes no references to the pages of the transcript, so that the plead- ings, evidence, orders, and judgment may bo easily found. Even tho ruling u]>on the motion for nonsuit, which appellants insist was prejudicially erroneous, is not mentioned; nor is reference made to the page of tho transcript where it, or any of the evidence, may be found. We take occasion again to empliasize the necessity of at least a substantial compliance with the rules, as a prerequisite to a liearing by this court upon the merits of the questions discussed in that portion of the brief devoted to the argument. L'lwn the authority of the cases cited, the judgment nnist be affirmed. 2. Upon the overruling of their motiijn for a nonsuit, the defendants introduced their evidence in rebuttal. Plaintiffs' also introductnl ether evidence. The cause was then submitted to the court for con.sideration and decision. It does not appear hv fair inference, either from the recitals in the statement on 26 Mont.] T. C. Power & Bro. v. Stocking. 481 motion for a new trial, or from the certificate of the trial judge settling it, or Jro«i both, that the statement contains all the evidence heard at the trial. In State v. Shepphard, 23 Mont. :^.23, 58 Pac. 86S, this court said: '^It is well established that, ^vhere the error relie<l on is the insnfficiencv of the evidence to jiistifv tlie verdict, the entire evidence, or its substance, which is material, should be iK'fore the appellate court, to enable it to say whether or not the order denvins: a new trial was er- roneously made. (People v. Lcong Sing, 77 Cal. 117, 10 Pac. 254.) This being so, it is the duty of an appellant to see to it that his bill of exceptions contains not only all the material evidence, or the substance thereof, but that that fact is prop- erly certified to by tlie district judge who certifies to the bill, or that the- bill of exceptions itself shows that the evidence therein contained and set forth is all the evidence had on the trial material ,o the illustration of the alleged insufiiciency thereof to justiiy the verdict. Where the judge's certificate is relied on, we think it sufficient if it uses any language by which it clearly appears that the bill contains all the evidence, or so much thereof as is necessary to demonstrate the point re- lied on, and there need Ix? no adherence to any precise words in the certificate of that fact. (People v. llenclder, 137 111. 580, 27 X. E. G02; Brock v. State, 85 Ind. 397; Grk<iell v. Noel Bros/ Flour-Feed Co., 9 Ind. App. 251, 36 ^^. E. 452; Joties V. Layman, 123 Ind. 5G9, 24 X. E. 363.) Where the bill of exceptions itself is relied on to show the insufficiency of the evidence, it should either set forth in expres^s langiuigc that all the evidence, or the sul)stance thereof, or so much thereof as is necessary to illustrate the i)oint relied on, is all incorpo- rated in the bill, or it should contain statements e(piivalent to such expressions, or it should show a whole, connected narra- tive, so constru'jted that it clearly appears that all the material evidence, or the substance thereof, is incorix) rated in the bill.'^ These remarks, though made w^ith reference to insufficiency of the evidence to sustain a verdict, are equally pertinent to the situation presented in this case. In the absence of some- Vol. XXVI- 81 4S2 T. C. Power k Bbo. v. Stocking. [Mar.T.'02 thing in the record to show that it contains all the evidence, it is impossible for this court to determine whether the alleged insufficiency of plaintiflFs' evidence in chief was not fully cured, either by the defendants' evidence, or by other evidence intro- duced by plaintiffs. (See, also, Currie v. Montana Central BailwayCo., 24 Mont. 123, 60 Pac. 9S9.) Though the .niling on the motion may have been erroneous wlien made, yet, if the defendant does not stand upon it, and there l>e submittal thereafter other evidence which cures the de- fc^^-t in plaintiifs case, the defendant cannot be heard to com- l)lain. Whetlior such evidence is furnished by plaintiff or de- fendant, it will be considered in support of plaintiff's case, and a new trial will not be granted. (Alderson v. Marshall, 7 Mont. 290, IC Pac. 570; Gould v. Barnard, 14 Mont. 335, 36 Pac. 317.) In some jurisdictions it is held that if the defendant does not stand on his motion, and other evidence is therafter heard, he waives his right to rely upon an erroneous ruling upon the motion, even though the evidence "subsequently heard does not in any way aid plaintiff's case. In such case the review must l>e liad through an assignment of insufficiency of the evidence as a whole bv .statement on motion for new trial or bill of ex- ccptions. Whether this is the correct rule, we do not decide, as it does not nrise here. In anv event, it should affirmatively a])j)car from the statement <.r bill that it contains all the evi- dence heard by the trial court material to illustrate the al- leged insufficiency thereof, as jwinted out by the motion. Oth- erwise it will not aj>pear affirmatively that the ruling was erroneous. Let tlie judgment be affirmed]. Affirmed. 26 Mont.] State ex kel. Geyman v. Dist. Ct. 48 Q STATE EX KEL. GEYMAX et al., Kelatoks, v, DISTRICT ^ ^^ COURT OF THE SECOND JUDICIAL 'S m DISTRICT et al.^ Respo:n dents. . (No. 1,815.) (Submitted April 28, 1902. Decided May 5, 1902.) Mines and Mining — Actions Betwecfi Adjacent Owners — Trespass — Inspection and Survey of Property — Order — Grounds, 1. Code of Civil Procedure, Sec. 1314, authorizes on good cause shown an order for the inspection of a raining claim involved in litigation, even though entry must be made through lands of the adverse party. IMaintiH and defendant claimed adjoining premises under placer patents, and In an action for trespass plaintiff moved for an inspection. It appeared that plaintiff had no openings in his property, and therefore no means of ascer- taining the conditions beneath the surface ; that defendants were mining on their own premises, and through drifts, some of them in the direction of plaintiff's premises, and that blasting could be heard, and the con. cussion felt, by persons residing on the premises in the same relative posi- tion of plaintiff's premises ; that defendants had been removing large amounts of ore through their shaft for months, and had refused to admit any one thereto, or even to the inclosure about it ; that they denied that plaintiffs had any right to the minerals beneath their surface. The surface had been platted as an addition to a city, the respective parties owning certain of the lots and blocks, and claiming the mineral rights to the middle line of the adjacent streets and alleys, so that prima facie, they had no extralateral rights. Held, not an abuse of discretion to grant the order, subject to the limitation that the inspection should extend to no other workings than those made in the direction of plaintiff's property. 2. The evidence upon which an order of inspection and survey is made, under Section 1314 of the Code of Civil Procedure, need go no further than would be necessary to support a search warrant In a given case. Application by Charles L. Geyiiian and others for a writ under the supervisory power of the supreme court to vacate an order for the inspection of a litigated mining claim, made in an action by Joseph T. Carroll and others against the Geyman Mining Company and others. Writ denied. Messrs, McBinde & McBnde, for Relators. Messrs. Forhis & Maitison, Messrs. McIIattoji & Cotter, and Mr, John Lindsay, for Respondent. 28 543, 4S4: State ex kel. Geymax v. Uist. Ct. [Mar.T.'02 ' :MU. C^IIIEF justice BKAXTLY delivered the opinion of the eovirt. Applieation for a writ under the supervisory }>ower of this court, retpiiring the district court of Silver Bow county and E. W. Ifarney, its judge, to vacate an order of inspection and survey made in an actitjn pending in that court, wherein Joseph T. Carndl and others are plaintiffs and the Geynian Alining Conij)any, a jor\|)oration, and others, • are defendants. The jdaintiffs in the action seek to r€cover of the defendants dam- ages for trespasses, which, it is alleged, they are and have been committing since July 1, 1901, by entering beneath the surface of certain mining projierty belonging to plaintiffs, by means of underground workings in adjoining property belonging to defendants, and removing ores of great value. Relief is also sought by way jf injunction. The order complained of was made uiK)n petition by the plaintiffs, and after a hearing at which evidence was introduced by both sides. The only question submitted to us is whether the evidence is sufficient to justify the order. We are of the opinion that it is. It is often not possible upon such applica- tions to present evidence showing with certainty that a trespass is being, or has been committed, or the extent of it. To obtain evidence to escablish these matters is the very purpose for which the statute (Code of Civil Procedure, Sec. 1314) per- mits an inspection to be made. If, in a given case, it appeared that plaintiff had in his possession the facts showing the par- ticulars of the wrong complained of, and the extent of it, an inspection would not be necessary. Where, however, he has sufficient evidence to warrant an honest belief that his rights are being invaded, but the means of ascertaining with cer- tainty the actual conditions are in the exclusive control of the defendant, the court should, in the exercise of a sound discre- tion, and under proper restrictions, place the means of knowl- edge in the hands of the plaintiff. So, on the other hand, it often happens in controversies over mines that the defendant is charged with tresjiassing upon the rights of the plaintiff by 26 Mont.] State ex kel. Gey max v. Dist. Ct. 485 iiieans of ojKTatioiis eoiuluctcHl by the former Avitliin the limits (if hi? own teiTitory; as, for ii^stance, where tlie charge is that the defendant is taking ores from a vein or lode claimed by the plaintiff by virtue of his ownership of the ajiex of it, so situ- ated with reference to his end lines as to ^ive him extralateral rights. In such case it is fr(quently necessary, to a proper adjustment of ihe conflicting claims, that the defendant be per- mitted to enter u])on the premises of the i)laintiff to observe the ])hysical and geological facts aj^parent in the openings made in j)laintiff's premises. Access to them is often not pos- sible except through the shaft and other workings of the plain- tiff. Neither of the parties should, under such circumstances, be com}>elled to accept the evidence of the facts as given by his adversary without an op\|K)rtunity to controvert them, or to satisfv himself that such evidence is trustworthv. Where, as in quartz mining, operations are conducted almost exclusively beneath the surface, the owners of adjoining property have no means of informin"* themselves as to the extent and condition <>f them ; and when controversies arise as to the respective rights of such owners, the court having jurisdiction of the controversy should, under the }>ower conferred by the statute, afford the parties every reasrmable facility for obtaining the facts. From the very nature of the case, the ignorance of the party invoking the aid of the court, and the want of the means to ac(piire the informaticm necessary to make out liis case, are of the greatest Import. If these facts appear, and the circum- stances otherwise appearing to the court in the evidence furnish reasonable ground for the belief that an inspection will aid the court in the invcstii»:ation of the case, the order should be granted. • The evidence in the record b(»fore us establishes these facts: The propertA' of the plaintiffs adjoins that of the defendants. The plaintiffs iiave no openings in their property, and there- foie no means of ascertaining the conditions beneath the sur- face. Defendants are engaged in mining through a shaft on their own premises and through drifts and tunnels extending 486 State ex rel. Geymax r. Disx. Vt. [Mar.T/02 therefrom, some of Uiom in the direetiou of plaintiffs* prem- ises. Blasting can be heard, and the concussion created by it felt, by i)ersons residing on the premises in the same relative positi(>n of plaintiffs' premises. The defendants have been removing large jimounts of ore through their shaft for months, and have refusc^l to permit any one to enter the shaft, or even the inclosiire l)nilt around it. There is some evidence tending to show that hev denv that plaintiffs have anv riijht tt) the minerals beneath their surface. So far as we can judge from the rec(Td, tile title of lM)th jilaintiffs and defendants is based u])on a placer j)atent from the l"nite<l States. The surface has Ix^en platted as .mi addition to the city of Butte. The res\|>ective ])arties own certain of the lots and blocks, and claim the min- eral rights to the middle line ( f the adjacent streets and alleys. Prima facie, therefore, they have no extralateral rights. Upon these facts the court granteil the order, sul>jei»t to the limitatit n that the ins\|KTtion sh(mld extend to no other work- ings than Xhiy^". jiuide in the din^'tion of plaintiffs' premisc^s. We do not think there was a manifest abuse of dis<retion, though the defendants' witnesses, acquainted with the under- ground workings, testified that there had l>een no invasion of ])laintiffs' rights. The plaintiffs are entitled to be infoniied of the actual v'ondititiUs by personal ol)sen'ation. Insi)ection orders are, in their nature, search warrants to obtain evidence. Search warrants will issue in certain cases (Penal Code, Sec. 2S21) to bring personal projK^rty into the ])resence of the court, upon affidavit or deposition showing the facts tending to estab- lish the grounds of the a])])licatien or probable cause to believe they exist {Id. Sec. 2S24). The officer executing the warrant may, if refuscnl adn?ittance, break open and enter the house or other buildings t<^ be siarduMl, in order to find the the property. (Id. Stx. 2S2S.J I>y analog^', the evidence upon whicli the order of insj)ecti(Mi; is made n(H»<l g.) no further than would l)e n<'cessarv to su])]))!^^ a search warrant in a given case. The writ is denicMl, and the i)roceeding is dismissed. Dismissed. 26 Mont.] 3Ialoney et al. v. King et al. 487 MALOXEY ET AL.^ Respondents^ i'. KIXG et al.^ Appeli^nts. (No. 1,813.) Appj.ication for Stay of Proceedings. (Submitted May 3, 1902. Decided May 5, 1902.) Injunction — Appeal — Stay of Proceedimjs, 1. Pending an appeal from an Injunction order, pendente lite, restraining appellants from entering, or mining. In part of a certain lode claim of which they were In possession, they may not have an order from the su- preme court suspending the Injunction, since the supreme court Is not authorized to suspend the operation of, vacate, or set aside, a prohibitory injunction order during the pending of an appeal therefrom. 2. Obiter: Pending an appeal From a prohibitory Injunction order, pendente lite, the district court has jurisdiction to enjoin either party from destroying or injuring the l)roperly in dispute. Appeal from Distriet Court, Silver Bow County; William Clancy, Judge, A(^TioN bv 'rainos II. ilalonev and otliers a2aiiist Silas F. King and otliers. From an order restraining defendants from entering or mining un a certain claim, they appealed. Applica- tion for stay of proceedingi^ ])ending api>eal. Denied. Messrs McBride iC McBride, for Appellants. Mr, C, P, DrenneUj and Messrs. McIIatto-n & Cotter, for Respondents. :MK. JUSTTCrE PTGOTT delivered the opinion of the court The defendant!^ have a]>pealed from an injunction order pendente lite, entered on the 1st day of March, restraining them from entering or mining in part of a certain lode claim, title to which is asserted hy the defendants, and from commenc- ing any suit against the plaintiffs with reference to the carry- fas 4«3l aj 487 1»27 117\| 4^^5 ^Maloney et al. r. King et al. [Mar-T/02 inii oil of iiiiiiiii!r, or the breakin^ <.r removal of ore tberefrum 1)V tlie plaint itf 3, ainl from interfering with them in the rain- ing, tran>}Hjrtation, and disposal of snch ores. In fonn the injunction is prohil itory. They now apply to this court for an order stayiiiir the order api)ealed from, an 1 all proeeetlintrs thereunder, pfridina" the a])i'eal. Section 21 )f the Code of Civil Prrcedure has to do with tlie <leterminati »n hy the suj reme court of causes < n appeal, and not with its })owcrs j)endin«r appeal. Section '2'j of the same Code de^'l:ire< that the sui>reine court may continue in force an injuncMon <^)rder made hy a district c urt or judge, or grant an injunction order and writ, p^ending an apjieal tv the sujfrenu* court from an order refusing or dissolving an injunc- ti<ni. Xo ])rovi?ion of either section is pertinent. The ap\|)el- lants seem to base their applicati(;n upon Subdivision 3 of Sec- tion 112'j of the Code of Civil Prccedure, as nmended in 1S09 by Ib.use Bill Xo. 1l>1 (Laws of ISOl), pp. lir,, 147), and to rely upon autli')rity su])[)<ised to be conferred therel)y. We shall treat the {ip]dication as based upon the subdivision eite<l. Scctif.n 17'22, jis ainen<led by the same bill, contains similar language. This .^uLdivisic.n ])rovides, among other things, tbat on a])peal from an order granting or refusing a new trial, or granting, dissolving, or modifying an injunction, or refusing to grant, dissn':ve, oi modify an injunction, or dissolving or refusing to dis-^olvi or mr)difv an attachment, or appointing or refusing tr) appoint a receiver, or giving directions with re- s])ect to a receiver^hi]), or refusing to vacate an order aj)ix)int- ing or affecting a receiver, or directing the delivery, transfer, or surrender (f ])ro]T-rty, or fnmi any special order made after final judgment, or from an interlocutory judgment or order in actions for ])arrition of real property, or from an order eon- firming, changing, modifying, or setting aside the report in whole or in ])art of referees in such actions for partition, the su])reme court or a justice may, ]>ending the ap\|")€al, "stay all proceedings under the order api)ealed from, on such conditions as may seem prn])er.'' It jirescribes some, at least, of the 26 Mont.] .aIaloaey kt al. r. King et al. 489 powers wliicli tlio supreme eourt may, in a suitable case, exer- cise during the time an appeal is pendin^:. Xotwithstanding the generality of the language, the provision quoted is not ap- plicable to all the orders enumerated in Subdivision 3, supra. It applies only to orders under which proceedings are to be, or niav he, taken. The respondents contend that the order appealed fr(»m in this case simply restrains the appellants from doing certain acts, — requiring inaction of them; and that the respondents are not commanded or permitted to do anvthinff bv virtue of the order. There are, therjfore, as they argue, no ju'oceedings to be taken under the (»rder; hence, they say, an aiTcst or stay of proceed- ings, the order l>eing self-executing, could serve no piirpose. On the other hind,* the appellants insist that the injunction, though jirohibitory or restrictive in form, is in part mandatory in effect, asserting that they were in possession of the property Avhich they are enjoined from entering, and that the practical operaticn of the order, in so far as it restrains them from enter- ing, is to eject then;. If this be the correct interpretation, the appellants, in virtue of Secti(m 1733 of the Code of Civil Pro- cedure, have ali''?ady secured a stay of proceedings by perfect- ing the appeal. For example, the injunction could not be used to oust them fr .m the property in their pt)ssession at the time it was granted, nor would they l)e in contempt for remaining in possession ; i-nd so in respect of any mandatory feature of the order. F(;r tjie a])pellants to remain as they were when the injunction was granted is not a violation of the injunction. (Stewart v. Suijcrior Court, 100 Cal. 513, 35 Pac. 156; Schirarz v. Sufcrior Court, 111 Cal. 100, 43 Pac. 580; Bull- ion. Bed' cO Champion Min. Co. v. Eureka Hill Min. Co., 5 Utah, 151, 13 Pac. 174.) The appellants were, presumably, still in j)ossession when the appeal was taken, and no reason is shown to exist frjr re-sort to this court in the matter. Xor would such a stay, when formally granted, operate so as to vacate, or suspend the effe;t of, an injunction (U'der, if prohibitive merely, for any time or for any purpose. It would be utterly futile, 400 AIaloney et al. r. King et al. [Mar.T/02 for there would not Ix any proceedings to arrest. That the application must be denied^ in so far as it seeks a stay of pro- ceedings under the order, should seem manifest. WTiatever proceedings, if :inv, may be taken under the order, are effectu- ally arrested by the appeal. If the injunction is mandatory in effect, the appeal stays j)roc('edings ; if merely i)r()hibitory, matters are to remain in statu quo, and tliere are no proceedings to be taken under it, — no affirmative i-cts rre necessarv to execute it. What the ap- ])ellants really desire, and by their application intended to ask for, is the vacation or annulment of the order pending the aj)- j)eal, — and this uj^m the theory, nt^cessarily, that the injunc- tion is ])rohibitory only. They do not, in fact, desire this court to grant a stay of proceedings, but that the operation of the order be suspended, and its effect destroyed, while the cause is here on aj)peal, to the end that they may proceed to do the acts and things ])r(>]nbited by it without conunitting contiCanpts of the court below. Such authority is not conferred bv Subdi- vision o, stii^ra, which is silent u]>on the subject of setting aside, susj)ending, or vacating an order api)ealed from. Incidental ])ower ne<issary for the effective exercise of the right to stay ])rocee<lings is, of course, impliedly grante<l; but neither ex- j)ress nor im\|:lied ]^ower to set aside, vacate, or suspend the effect of, a i)rohibitoi'y injunction order is conferred or de- clared by Section 1722, or Subdivision 3, supra. The question here considercvl was ])resented and decided (and an opinion delivered orally) on May 20, 1001, in cause !Xo. 1,G80, en- titled '^Ilvinze et al, against Boston tC MontaJia Consolidated Cojjpcr i(' ^^ilrcr Minin/j Company/' AVe held then, as we hold now, that the court mav not, bv virtue of anvthino: con- tained in Section 1722 or Subdivision 3 of Section 1723, supm, — whether authoritN be thereby conferred, or pre-existing jwwer be merely recognized and declared, — suspend the operation of, vacate, or sc^t aside, a i>r()hibitory injunction order during the ])('nd(^ncy of an appeal therefrom. ^sor is it necessary or proper to the complete exercise of 26 Mont.] AIalo^'ey et al. v. King et al. 491 appellate jurisdiction that the order be modified, vacated, or rendered dorni'^nt v.'hile the appeal is pending. If it be con- ceded that Section 1722 and Subdivision 3 of Section 1723, svpra, do not limit the authority, pending appeal, of the su- preme court over the orders enumerated, to tlie exercise of the power therein mentioned, and that the court may employ any writ or proce^ss neccjisarv or proj>er to the end that property whicli is the sul)jeci: of litigation may l)e preserved for the bene- fit of the l)arty who shall ultimately prevail, still Section 3 of Article VIII of the Constitution, and Section 19 of the (Nxle of Civil Procedure, cannot Ik? successfully invoked upon the present applicaiion, Xeither of them authorizes the relief which the ap})ellanis now seek from this court; namely, the vacation or suspensiim of a prohibitory injunction order pend- ing a])peal from it. If the respondents are injuring or destroy- ing the property in controversy, the district court doubtletijs has jurisdiction to enjoin them, and thereby preserve it, until a final determination shall be made of the questions between the parties, and would, it must be presumed, do so upon a proper motion and sufficient showing made in the action. In a case of this kind neither paity should be permitted, })ending the action, to consume, take away, or waste the substance of the estate. An order intende<l to preserve the proi)erty obtained by one party should not be permitted to Ix^ used as a license to him to destroy or injure it. The case of Forrester el al. v. Bosto^i &• Montana Consoli- dated Copper and Silver Minituj Co., 22 Montana Reports, 430, 50 Pacific Re]x>rter, 808, is not in point. There this court grantwl a stay of proceedings under a nonappealable order ap- ]M)initing a receiver, j)ending ai)l^eal from an order refusing to vacate tJio order of ap]x>intment. In that case the district court, through itm receiver, was acting under the order; and lience there were proceedings to be stayed. The application is denied. Denied. 41)2 Maloney et al. r. King et al. [Mar.T.'02 ilALON t\ ET AL., IvESPOXDENTS^ l\ Ivl^G ET AL., 36 49i . h'i7 117\| AprELLAXTS. (No. 1.812.) On .Motion to ^roniFY Perpktual Injunction. (Submitted May 3, 1002. Decided May .', 1002.) Inju)icii<jii — Appeal — ^iniJ of Pcrpclual Injuuclion — Motion to Modify. 1. The supreme court is without autliority to prant an order modifying or vacating a perpetual injunction pending appeal from a judgment embracing it. 2. T'nder Section 17.'i3 of the Code of Civil Procedure, a mandatory injunction is stayed by perfecting an appeal from the decree. 3. The objection that a decree granting a perpetual Injunction is void, as not being within the issues, will not be considered on a motion to stay the injunction during the pendency of the appeal. ApjKal from District Court, Silver Bow Comity; William Clancij, Judf/e. Action 1)v John IF. Maloiiev and others against Silas F. Jvina' and others. Judgment was rcnderod for plaintiffs, and tlu» dcf(^ndants ai)})ea]od. !i[otion to stay a porpetual inij unction till the detenu illation of the ap})oal. Denied. Messrs. Mellrlde lO MeBrlde, for A]>j)ellants. Mr. C. P. Drenjicih, and Messrs. Mel fat ton £ Colter, for Kespondents. ilK. jrSTKM^ PKJOTT delivered the opinion of the court. Tlie defendants have aj)]>ealed from a final judgment en- tered on the ."ith day (.f April, 1002, Avliieh, among other things, ])er])etually enjoins them from entering, exploring or mining in ])art of a "ertain lode claim, and from 'commencing any action against (he ])]aintiffs to protect and maintain their al- lege<l title to tlio vein and ores therein, or to recover such onw. 26 Mont.] ]^Ialoney et al. v. King et al. 493 Tliey move that the jiidgiiient, in the particulars mentioned, be modified, and its eifeet suspended, pending appeal. They invoke the provirnon of Section 23 of the Code of Civil Pro- cedure, authorizing the supreme court to continue in force an injunction order made by a district court or judge, or grant an injunction order and writ, pending an appeil from an order refusing or dissolving an injunction, and also Uule XXI of this court, prescribing the procedure for obtaining such order pending appeal. Xeither the section nor the rule has reference to staying the operation or effect of injunction orders. More- over, each has to do only with interlocutory orders of the di'> trict court or judge^ not with final judgments. Xeither does Section 1722, or Subdivision 3 of Section 1723, of the Code of Civil Procedure, as amended in 1899 by House Bill Xo. 124 (Laws of 1899, pp. 146, 147), have to do with final judg- ments, nor touch the matter of staying the operation of or suspending prohibitory injunctions, or proceedings thereunder. Except in so far as they had been ousted by the plaintiffs, the defendants were in possession at the time the judgment was rendered, and presumably so remain. If tlie injunction is mandatory, proceedings under it are stayed by the appeal. (Code of Civil Procedure, Sec. 1733.) We are not advised of any statute or other law vesting power in the supreme couit to grant, upon such an application as the one here made, an order modifying or /acating a perpetual injunction pending appeal from a judgment embracing it. Further complaint is made by the defendants that in the particulars referred to the judgment is, upon its face, void, because it purports to determine a matter which was palpably without the issues fiamed ; but this is not the occasion for con- sidering it. We shall not, upon this application, decide the case upon the merit;y. For these reason:., and upon the authority of Moloney v. King, 26 Montana Reports, 487 (68 Pac. 1012), just decided, the motion is denied. Denied, 494 Driscoll v. Shields. []VIar.T.'02 DIUSCOLL, Respondent, f. SHIELDS, Appeliakt. (No. 1,412.) (Submitted May 5, 1002. Decided May 5, 1U02.> Appeal — liulcs of the Supreme Court — Defective Brief — DiisrnissaL Ad appeal wlierein ttie appellant's brief contains no assignment of the errors relied on, as is required by Subdivision "b" of Rule X of tbe Supreme Conrf, will be dismissed on respondent's motion. Appeal from I)istri<:t Court, Silver Bow County; John Lindsay, Judge. A('Tiox by ])eimis I)riscx)ll against Dan Shields. From a judgment for plainliflF, defendant ap})eals. Dismissed. Mr. J. L. ^yines, for x\ppellant. Messrs. McUatton (£' Cotter, for Respondent. ilK. (^IIIEF JrSTK^E BIL\XTLY delivered the opinion of the court. Apj)eal by di'fendant from a judgment and an order denying him a new trial. At the hearing this day a motion is submitted asking that the appeal be dismissed for the? reason, among others, that appellant's brief filed in this court contains no assigmnent of ihe errors upon which he relies, as is required by Subdivision '^1)'' of Ilule X of this court. Upon inspection of the brief, we find it wholly lacking in the particular men- tioned. Upon the authority of Patterson v. Pfouts, 25 Mont. 1C3, G4 Pac. 222, and other cases, the motion must be sus- tained. Dismissed. 26 Mont] Warrex v. Humble et al. 495 WAKREX, Eespo^dent^ v. HUMBLE et al.^ Appellants. _____ , 2» 495\| 26 6021 (No. 1,409.) ' (Submitted March 4, 1902. Decided May 6, 1902.) Appeal — Time for Taking — Rules of the Supreme Court — Briefs. 1. An appeal from a judgment of the district court, rendered on an appeal from an inferior court, not taken within ninety days after entry of the Judgment, as required by Code of Civil Procedure, Sec. 1723, Subd. 2, is too late and will be dismissed. 2. An order denying a new trial will 'be affirmed on appeal where appellants' brief fails entirely to comply with Subdivision 3a of Rule X of the Supremo Court, fails to make any reference by line or page to the transcript, and the appeal from the order denying the motion for a new trial is not re- ferred to or submitted in the statement. Appeal from District Co^irt, Ravalli County ; F. II. Woody, Judge. Action by fraines Warren against J. L. Humble and others. From a judgment for plaintiflF, and from an order denying a new trial, defendants appeal. Appeal from jud^J^ment dis- missed, and ordf^r denying a new trial affirmed. Mr. Henry L. Myers, and Mr. William M. Draff en, for Appellants. :MK. JUSTK/E ^illLBURX delivered the opinion of the court. This is an appeal from a judgment and an order denying defendants' motion for a new trial, as appears from the notice of appeal as it is set out in the transcript. The brief of appel- lants states that "from this judgment this appeal is prose- cuted." There was no appearance for respondent in this court. It appears from examination of the transcript that the judg- 40G Alexander v, Fransiiam. [Mar.T.'02 iiieiit appealed from was rendered in the district court on ap- peal from an inferior court. The judgment in the district court Avas rendered and entered on December 21, 1898. The notice of appeal was served and filed on the 14rth day of April, 18J)0. This court has no jurisdiction of this appeal, as the same was not taken within ninety days after entry of the judg- ment. (SulKlivision 2, Sec. 1723, (^ode of Civil Procedure; GaUcujliev v. Cornelius, 23 ifont. 27, 57 Pac. 447 ; Mmtis v. McLaucjliUn, 25 Mcnt. 151, 04 Pac. 219.) The statement of the case in appellants' brief fails entirely to comply with Subdivision 3a of llule X of this ccmrt, and fails, also, to make any reference by line or page to the tran- script. The appeal from the order denying the motion for a new trial is not referred to or submitted to us in the statement. This rule has been pdverted to so often by this court that it is unnecessary for ns to set it out in haec verba herein. There- fore the order cf the district court denying the motion for a new trial must be and is affirmed. The appeal from the judgment is dismissed, and the order denying the motion for a new trial is affirmed. ALEXANDER, Aipeli^ant^ v. FRANSIIAM, Respondext. (No. 1,416.) (Submitted March 5, 1902. Decided May 12, 1902.) Mechanics' Li^ns — Foreclosure Decree — Judgment Against Husband — Injunction — Correction of Judgment, A Judgment foreclosing a mechanic's Hen against the real estate belonging to a wife In suit against her and her husband Is not invalid for the reason that the Judgment declared to be a Hen is against the husband personally, and therefore the wife cannot enjoin execution sale of the property, but can only have the Judgment corrected, if erroneous, by motion for a new trial or on appeal. 26 Mont.] Alexander v. Fransiiam. 497 Appeal from District Court, Oallatin County; T, M, Pierce, Judge pro tern-, 9 Injunction by Cynthia E. Alexander against William J. Fransbani, slieriflF, lo restrain an execution sale. From a judg- ment for defendant, plaintiff appeals. Affirmed. Mr. ir. L, Uolloway, and Mr, E. B. Ilojfmaii, for Appel- lant. 1. CyntJiia E. Alexander being the sole owner of the land mentioned in these proceedings, which is the identical property mentioned in ihe cnse of Cair v. Alexander, a judgment re- covered against AV. J. Alexander did not constitute a lien upon her property and could not be sold to satisfy a judgment. (Code of Civil Procedure, Sees. 1197; 2133, 1196,' 1211.) 2. The sheriff exceeded his authority in attempting to sell tlie interests of Cvnthia E. Alexander in that real estate to satisfy the judgment against W. J. Alexander ; that such a sale by the sheriff >vould cast a cloud upon the title of plaintiff's property. (Code of Civil Procedure, Sees. 1224, 1225, 1233.) 3. The plaiutiff had no speedy and adequate remedy at law, and, under the circimistances of this case, an injunction will lie. (Grigshy v. Schicarz, 82 Cal. 279; IIi<kniaii v. O'Neal, 10 Cal. 292; U. S. Bank v. Schultz, 2 Ham. (Ohio), 471.) A sale by the sheriff and his execution and deliveiy of a deed would cast a cloud upon the title of the plaintiff in this action. (Pixie y v. Uiggins, 15 Cal. 128.) Mr, J. L, Slaafs, for Respondent. The issues found in the case of Carr v. Alexander are con- clusive against the appellant. (Wingard v. Jamison (Wash.), 7 Pac. Rep. 803, and cases cited; Waymire v. San Francisco if S. M. By. Co,, 112 Cal. 646; 3IcCoy v. Quick, 30 Wis. 521; Doughthitt v. MacClusky (Wash.), 40 Pac. Rep. 186.) The appellant had an adequate remedy at law in the main Vol. XXVI-3-2 498 Alexander t\ Fjiansham. [Mar.T/02 case. She did not move for a new trial, or an amendment of the judgment, or rippeal from the same. When such is the status of the case, iippellant cannot be permitted to retry the issues in another action. See authorities last above cited, and also Tevis v. Ellis, 25 Cal. 575; Lmig v. Neville, 36 Cal. 455; Ede V. Hazefi, 01 (^al. 360. Appellant is deemed to Ix^ the owTier. (Code of Civil Pro- cedure, Sec. 2140.) The notice of lien stated the names of the owners who were the deferwlants in the suit^ arid the notice was part <yf (,^arr\s comi\|;laint. Tlie issue of owniership excluded the necessity of showing agency of husband for ^^^fe, but if it was necessary ^here was ample proof that appellant ratified whatever the linsband did in causing the lalK>r to be \|>erfonned, as by their joint ans^^x^r they paid a part of the price and ten- dered what thev claimed was the balance due. (Ilarlaan^ v. Stipffeheem, 87 Cal. 508.) The decision of the court is final on all questions which un- der the evidence mi^ht have been found either way. {Harper V. LocMart (Colo.), 48 Pac. Rep. 901. In the absence of the evidence, where the findings support the judgment, they will not Ik disturbed. (Calmer v. Caine (T^tah), 61 Pac. Pep. 1008; Jenkins v. Frink, 30 Cal. 587; Firehaurjh v. Bnrhanl\ 121 (^al. 186; 2 Enc. PL and Prac. 487; MoJToir v. Lai.der, 77 Wis. 77; Clayhaugh v. Ilennessy, 21 111. App. 124.) There is not suffi ient equity alleged in plaintiff's complaint, or shown by the findings of the court to maintain this action. {Pixlcij V. Ifigrjins, 15 Ci\l 127; Cohca v. Sharp, 44 Cal. 30; lioman Catholic Archbishop v. Shipman>, 61) Cal. 586; Mc- Cormick v. Fiddle, 10 Mont. 467.) If the judgment is regular and the apjx^llant was a party to the proceedings, she is concluded by the judgment, and her in- terest in the proj)eriv, whatever it may be, is subject to sale under the execution. (Code of Civil Procedure, Sec. 2133.) The comi>laint of the appellant is insufficient to justify the issuance of an injunction. {McCoi^ch v. RiddJe, 10 Mont. 26 Mont.] Alexandek v. Fraxsiiam. 499 467; Waldro)i v. Marsh, 5 Cal. 119; Mechanics' Foundry v. Byall 75 Cal. 301 ; Thorn v. Sweeney, 12 Xev. 251 ; High on Injunctions, Sections 34, 722, and cases cited.) MR. CHIEF JUSTK^E BRAiS^TLY delivered the opinion of the court. This action was brought to obtain an injunction to perpetu- ally restrain the defendant from proceeding to sell, under an execution in his hands as sheriff of Gallatin countv, certain real estate belonging to the plaintiff. Tlie execution was is- sued upon a judgment in favor of one Carr in an action brought bj him in the district court of Gallatin county against the plaintiff and her husband, W. J. Alexander, tlie purpose of Avhich was to foreclose a mechanic's lien. Tlie judgment was rendered against W. J. Alexander personally, but was declared a lien upon the profx'rty in controversy, the claim in suit being for work done by Carr as a mechanic upon certain improve- ments erected thereon. Upon a trial of the cause the district court found for the defendant, and rendered judgment in his favor for costs. Plaintiff has appealed. The only question submitted to this court is whether the find- ings support the judgment. The findings are voluminous, and cover fully every is>iTe in the case. We shall not undertake a discussion of them. The district court evidently proceeded upon the theorv that in ibe investio^ation of this case it was bound by the judgment la the case of Carr v. Alexander, the same appearing upon its face to have been given and made in the proper exercise of jurisdiction regularly obtained over the sub- ject-matter and the parties. There is nothing in the record to indicate that the conclusion reached was erroneous. The fact that the judgment in the case of Carr v. Alexander was ren- dered against W. J Alexander personally does not prevent it from being a valid lien against the property of the plaintiff, as was adjudged by the district court. If that judgment was erro- neous in this particular, the plaintiff should have sought to have 500 SciivrzLEiN Paint Co. v. Passmobe. [Mar.T/02 it corrected by iiioticii for a new trial or upon appeal. Having failed to pursue this course, the plaintiff must abide the conse- quences. The judgment is «fBrmed. Affirmed. 2B-5m CHARLES SCHATZLEIN PAINT COMPANY, Eespond- -f 6^1 ENT, V, PASSMORE, Appellant. 31 624'. 1~^' (No. 1.404.) 35 172i '26 500l (Submitted March 4. 1902. Decided May 12, 1002.) ,37 57» Appeal — Tirns — Jurisdiction — Order Denying New Trial — Question Considprcd — Error Witlwut Prejudice — Jury — Weight of Evidence. I 1. Under Code of CIyII Procedure, Sec. 1723, Subd 2, as amended by Laws of i 1899, p. 147, proytding that an appeal may be taken within ninety days from a judgment of the district court rendered on an appeal from an in- ferior court, an appeal talcen more than ninety days after the entry of such \ Judgment will be dismissed for want of Jurisdiction. \| 2. Under Code of Civil Procedure, Sec. 1170, declaring a new trial to be a re-examination of an issue of fact in the same court after a trial and decision, and Section 1171, Subd. 7, authorizing a new trial for an error of law occurring at the trial, duly excepted to and materially affecting the substantial rights of the moving party, the point that the complaint fails to state facts sufficient to constitute a cause of action, made by demurrer, which was overruled before the trial, and not renewed or otherwise pre- sented at the trial, cannot be considered on an appeal from an order deny- ing a new trial. 3. An order denying a new trial should not be reversed because of Inaccuracy in the instructions which clearly did not result in prejudice to the com- plaining party. 4. The supreme court will not reverse an order of the district court denying a new trial, though the evidence, as it appears in type, seems to prepon- derate against the verdict, since the weight of the evidence was for the Jury. Appeal from District Court , Silver Bow County; John Lind- say, Judge. 2GMont.] ScuATZLEiN Paint Co. v. Passmore. 501 Action by the Charles Sehatzleiii Paint Company against C S. Passmore, doing business as Passmore & Co. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Appeal from judgment dismissed, and order denying new trial affirmed. Mr. Robert McBride, for Appellant. The complaint does not state facts sufficient to constitute a cause- of action. It is a settled rule of pleading that perform- ance by plaintiff of conditions precedent must be alleged. (4 Enc. PI. & Prac. 628, and cases cited ; Loup v. Cal. 8. Ry. Co., 63 Cal. 97 ; Holmes v. Richet, 56 Cal. 307 ; Cox v. McLaughlin, 63 Cal. 196; 4 Enc. PI. & Prac. Sec. "c," page 643; 29 Enc. Law, page 926.) It is true that upon defendant's demurrer being overruled, an answer was filed ; but we do not understand that by so doing defendant waives his objection that the complaint does not state a cause of action and will not supj>ort a judgment. The ob- jection that the complaint does not state facts sufficient to con- stitute a cause of action mav be raised for the first time on apjx'al. (No. o85, Code of Civil Procedure; Bohn v. Dunphy, 1 Mont. 340; Territory v. Yirgmm Road Co,, 2 Mont. 96 aUlette v. Hihhard, 3 Mont. 413; Parfrrr v. Bond, 5 Mont. 1 Foder v. \yUson, 5 Mont. 53; Quirlc v. Clarl\ 7 ]\[ont. 108 White^e v. L'hchcr, 7 Mont. 473-477; Raymond v. Wincettc, 12 Mont. 551.) A general demurrer is not waived by consenting that it may be overruled. (Evans v. (Herhni, 38 Pac. (Cal.) 725.) There being an entire absence of a material allegation, the defect is not cured by a verdict in plaintiff's favor. (Richards v. Insur- ance Co., 22 Pac. (Cal.) 939; see, also, 4 Ency. PI. & Prac. page 667, and cases cited; /rf., page 629; Daley v. Russ, 86 Cal. 114, 24 Pac. 808; Jerome v. Stehhins, 14 Cal. 457.) Mr. \Vm, E. Carroll, for Respondent. 502 SciiATZLKix Paint Co. v. Passmoke. [Mar.T.'02 ]\IR. JUSTICE PIGOTT delivered the opinion of the bourt. These are appeals by the defendant from the final judgment entered against him imd an order denying his motion for a new trial. 1. The action \\as commenced in the court of a nistice of the peace, where a judgment was rendereil. From that judg- ]nent an api)eal wiiS taken to the district court, where, upon a trial de novo, the present judgment was given and entered on October 28, 1S9S. Xotice of appeal therefrom to this court was served on April 20, 181)1), and tiletl on April 22, 181)1). Subdivi!-;i< n 2 of Section 1723 of the Code of Civil Procedure, as amended in 181)1) by House Bill Xo. 124: (Laws of 1899, l)age 140), provides that an appeal may be taken to the supreme court from a final judgment of a district court rendered on an appeal from an inferior court within ninety days after the entry of such judgment. The appeal from the judgment, not liavine; been taken v. itliin iiinetv davs after its entrv in the dis- trict court, must, upon our own motion, be dismissed for want of jurisdiction to entertain it. (Morris v. McLaughlin, 25 Mont. 151, 04 Pac. 219; Warren v. llurnble, 26 Mont. 495, 08 Pac. 851 ; Madifjan v. llarrimjion, 2(5 :3iIont. 358, 67 Pac. 1121 ; Gallagher v. Cornelius, 23 Mont. 27, 57 Pac. 447.) Whether Section 1724 of the (^ode of (^ivil Procedure re<]uires the no- tice of appeal to be filed and serveel on the same day is a ques- tion reserved. 2. There remains for consideration the appeal from the order refusing i new trial. It is contended that tlie cewuplaint fails to state facts sufficient to constitute a cause of action. This point was made by demurrer, which w^as overruled before the trial e)f the issues oi fact, and the objection raising this point was not renewed or otherwise presenteel during the trial. A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jurj' or court, or by referees. (Section 1170, Code of Civil Procedure.) One of the causes for which, on apj)lication of the party aggrieved, the 26 Mont] Stillinuer r. Pablo et al. , 503 verdict or other Jecition may be vacated and a new trial granted, is an error in law occurring at the trial, duly excepted to by him and materially affecting his substantial rights. (Subdi- vision 7, Sec. 1171, (^'ode of Civil Procedure.) If tlie court Avas wrong in overruling the demurrer, the error did not occur at the trial, and cannot be reached by the motion for a new trial. It could ])rop('rly be presented on appeal from the judg- ment, but, as that attempted appeal must l>e dismissed, we are l)recluded from inquiring into the sutKciency of the complaint. •5. The other s])ecificatiGns of error we have examined. After a careful consideration of the entire record, we are of the opinion that no one of them is meritorious. The instnictions of which complaint is nuule are doubtless opeii to objection on the score of inaccuracy, but it is clear that error prejudicial to the defendant did not result therefrpm. With resj>ect to the verdict, we observe that wliile the evidence, as it appears in type, seems to ])reponderate in favor of the defendant,- it was nevertheless sulKcieni: to justify the verdict against him. The weight of the evidence was for the jury. The attempted ap])eal from the judgment is dismissed, and the order denying a new trial is affirmed. Ix't remittitur issue forthwith. STILLIXGEK Applllant. r. PABLO et al., Kespoxdexts. (Xo. 1.438.) (Submitted April 14, 1902. Decided May 12, 1002.) Appeal from Di'i'rici Court, Missoula County ; F, 11. Woody, Judge, AcTiox bv Charles A. Stillineer aiiainst ^lichael Pablo and another, as exec'utois of (^harles Allard, deceased. From a judgment of nonsui", plaintiff appeals. Affirmed. 504 State v. Dempsey. [Mar.T.'02 Mr. S. G, Murray, and Mr. L. J. Knapj), for Appellant. Messrs. Marshall & Stiff, for Respondents. MR. JUSTICE MILBURX delivered tlie opinion of the conrt. In this cause, after the testimony on the part of the plaintiff was concluded, the court granted a motion of the defendants for a nonsuit, and rendered and caused to be entered judgment in favor of defeadants dismissing the action and for costs. The plaintiff has appealed. The cause was submitted to this court on briefs, without oral argument. We have carefully examined the record on appeal, and fully considered the briefs of counsel. Wo do not discover any error of the court prejudicial to the appellant. The order granting the plaintiff a nonsuit was properly granted, and the judgment is therefore affirmed. Affirmed. STATE, Respondent^ v. DEMPSEY, Appeluvnt. On iroTiON TO Dismiss Appeal. (No. 1,800.) (Submitted May 19, 1902. Decided May 26, 1902.) Criminal Laic — Appeal — Escape — Absen/'.e froin Jurisdiction. Where one convicted of marder appealed, and thereafter cscai>ed and ilcd beyond the jurisdiction of the court, the appeal should be dismissed on condition that, If he surrender himself within a stated time, the appeal would I'D reinstated. 28 Jlont.] State v. Demfsey, 505 Aiipcal from Dislrict Vouii, iSih'cr Bow County; William Clancy, Judtfe. 1'etkr Uempsey was convicted o£ iimriler, and apptnls. Ap- peal dismissed condition ally. Mr. TliMiuis A. Morrin,ioT Appellant. -Vr. James Donovan, AUorney General, for the State. JIU. THIKF .irSTICE BRAXTLY delimed tiie opinion of the court. ■ The defendant \v,;s convicted of nuirder of the first degree, and condemned to death. He thereupon appealed to this conrt fnmi the jndginent of conviction, and from an order denying hitii a new trial. Pending his appeal he was confined in the jail of Silver Boh- county, the place of his trial, hnt escaped tlierefroin, and is now Iw'vond the jurisdiction of this court. The attorney general, having shown the fact of the defendant's escape and ah^i^nce from the jurisdiction, has submitted a mo- tion asking that the iippeal be dismissed. The rule is well fcettled that an appellate court will refnse to hear an appeal m a criminal case unless the appellant is within the jurisdiction, either by being in actual custody, or nnder bail for his appearance tn abide further orders in the case when the TPmitHUir issues to the trial court. The reason of the rule is well statetl in Coonmovwealth v. Andrevs^ 07 Mass. ."i-tS, as follows: "The defendant, by escaping from jail, wl was held for the pnriMtse of prosecuting these exccptio abiding the judgment of the court thereon, has volu withdrawn himr-elf J'n>m the jurisdiction of the court, not jjresent in person, nor can he l>o heard by attorney. . ing would avail nothing. If a new trial should be orde is not here to answer further; if th" exceptions are ove a sentence cannot Ik; pronoimced and executed ujion him 504 State v. Dempsey. [Mar.T/02 Mr, S. G. Murray, and Mr. L, J. Knapp, for Appellant. 1 Messrs. Marshall <£ Stiff, for Respondents. MR. JUSTK^E MILBURX delivered tlic opinion of the conrt. In this cause, after the tesrimony on the part of the plaintiff was concluded, the court granted a motion of the defendants for a nonsuit, and rendered and caused to be entered judgment in favor of defendants dismissing the action and for costs. The plaintiff has appealed. The cause was submitted to tliis court on briefs, without oral argument. Wo have carefully examined the record on appeal, and fully considere<l the briefs of counsel. Wo do not discover . any error of the court jjrejudicial to the ap\|>ellant. The order granting the plaintiff a nonsuit was properly granted, and the judgment is therefore affirmed. A/prmcd. STATE, Respondent^ r. DEilPSEY, Appet-lant. On ifoTioN TO Dismiss Appeal. (No. 1,800.) (Submitted May 19, 1902. Decided May 26, 1902.) Criminal Law — Appeal — Escape — Absence from- Jurisdiction. Where one conTicted of murder appealed, and thereafter rgcai)ed and ilcd beyond the Jurisdiction of the court, the appeal should be dismissed on condition that. If he surrender himself within a stated time, the appeal would !« reinstated. 2Q Mont.] State v. Dempsey. 505 Appeal from District Court, Silver Bow County ; William Clancy, Judge. Peter Dempsey was convicted of murder, and appn^als. Ap- peal dismissed conditionally. Mr. lliomas A. Morrln, for Appellant. Mr. James Donovan, Attorney General, for the State. :MR. chief justice BRAXTLY delivered the opinion of the court. " The defendant wr.s convicted of murder of the first decree, and condemned to death. He thereupon appealed to this court from the judgment of conviction, and from an order denying him a new trial. Rending his appeal he was confined in the jail of Silver Bow county, the place of his trial, but escaped therefrom, and is now Ix^vond the jurisdiction of this court. The attorney general, having shown the fact of the defendant's escape and absence from the jurisdiction, has submitted a mo- tion asking that the appeal be dismissed. The rule is well &ettled that an appellate court will refuse to hear an appeal In a criminal case unless the appellant is within the jurisdiction, either by being in actual custody, or under bail for his appearance to abide further orders in the case when the remittitur issues to the trial court. The reason of the rule is well stated in Commonwealth v. Andretrs, 07 Mass. 543, as follows: "The defendant, by escaping from jail, where he was held for the purpose of prosecuting these exceptions and abiding the judgment of the court thereon, has voluntarily withdrawn him!?elf frDm the jurisdiction of the court, lie is not present in person, nor can he he heard by attorney. A hear- ing would avail nothing. If a new trial should be ordered, he is not here to answer further ; if th^ excej)tions are overmled, a sentence cannot be pronounced and executed upon him. The 506 State r. Dempsey. [Mar.T.'02 attorney general ha^ a right to ask that he should be present to receive the jiulipnent of the court. (1 Chit. Cr. Law, 063; Ileg. V. Caudirell, 17 Q. B. 50:].) So far as the defendant has any right to l)e heard under the constitution, he must be deemed to have waived it 1>\ escaping from custody and failing to ap- pear and projiCf-ute his 'exceptions in person, according to the order of court under which he was conmiitted." The cases in which the courts have adopted and applied the same rule are numerous. The following are in ptjint : McGoirati v. People, 104 111. 100, tl Am. Kep. 87; Gentry v. Siaie, 91 Ga. 669, 17 S. E. 956 ; Smith v. T. S., 94 V, S. 97, 24 L. Ed. 32 ; Hanv- ilton V. State (Tex. (V. App.), 23 S. W. 6S3 ; State v. Sites, 20 W. Va. 13; People v. Bedifujer, 55 (^al. 290, 36 Am. Rep. 32; State v. Handy (Wash.), 67 Pac. 1094; Woodson v. State, 19 Fla. 549. In People v. (Jenei, 59 X. Y. SO, 17 Am. Rep. 315, the de- fendant, having been convicte<l of felony, escaped from custody, and was a fugidve from justice. When he escaped, there was j)ending on his Ix'half an application to the trial court for settle- ment of his proixjsed bill of exceptions. The court declined to consider the ai)j)lication, on the ground that the defendant was at tlie time ''a fugitive at large, and beyond the control and without the pnwer of the authorities of this state; he having made his escape and al)sconded from their custody after his conviction, and vliile awaiting the action of the court u}X)n it.'' Upon a])plication to the su])renie court for mandamus to compel a settlement, the writ was refused. The appellate court, in affirming the or ler, haid : When a person charged with felony has escaped out (d custody, no order or judgment, if any should be made, can be enfcrced against him ; and courts will not give their time to proceedings which, for their effectiveness, must de])end upon the coii^H^nt of the person charged with crime. The fact that in this state the law allows proceeding;^ on writs of error without requiring the actual presence of the criminal in court does not at all conflict with the view that steps will not be allowed to be taken on his behalf when he is no longer in 26 Mont] Ix KK Weed. 507 custody or on bail, but has fled from the custody of the law. His presence m court is necessary when he is to be tried, or when some sentv^nce or judgment involving. his corporal punish- ment is to be pronounced. His being in custody is necessary to any step for or against him, except such as may be taken to bring him again into custody. All the cases which consider the question seem to coi^.cur in the view that an escaped prisoner cannot take anv action before the court.'' In some cases the courts have, on motion, peremptorily dis- missed the writ of error or a])peal. The prevailing rule seems to be, however, not to make the order of dismissal final until the defendant !ias had an opportunity to surrender himself to the proper custody and submit to the jurisdiction of the court. We adopt tliis as the better rule, and direct the following order to l>e entered: It is ordered that the appeal stand dismissed, provided that^ if the defendant returns to the jurisdiction and delivers himself to custody on or before August 4th next, the appeal may be reinsh'ted. The remittitur will 1)e withheld until that date. Ix RE WEED. (No. 1,744.) (Submitted March 28, 1902. Decided May 26, 1902.) A ttorneys — D isha nrwnt — Deceit — Malpractice, 28 6071 f28 366 An ttttorney-at-law who, after having entered into a contract to sell land to a third party, and after having received a part of the purchase price, deeded the land to a mortgagee thereof, the latter having threat- ened foreclosure, and having no knowledge of the agreement to sell, and w^ho afterwards, notwithstanding that he had thus parted with all title, accepted further payments on the contract from the third party, without informing him of the actual situation, and later falsely repre- senting to him that the title was Involved in an estate in another state, but that he would be able soon to convey, was guilty of acts neces- sarily involving deceit, and. though a criminal prosecution was barred by lapse of time, was liable to disbarment proceedings. 50s Ix KE Weki). . [Mar.T.'02 2. An attorney-at-iaw who, having been employed to collect claims against a corporation, falsely represented to his client's attorney In fact that the corporation was settling on a basis of 50 per cent, only, and that he would retain 10 per cent, as his fee, and obtained authority to settle on such terms, and who, notwithstanding, collected 73 per cent, on one claim and 60 oer cent, on another, and turned over to the attorney in fact only 45 per cent, of each claim, and afterwards permitted judgment to go against him by default for the balance, taking no steps to have it set aside, was guilty of malpractice and deceit as an attorney, and liable to d'sbarment proceedings. 3. In disbarment proceedings, the institution and conclusion of a criminal action against the accused is not always essential as a prerequisite to an investigation by the supreme court of matters constituting a felony. PROCEEDiNCis for the disbarment of Elbert D. Weed, as attor- ney. »Tudginent of siisj>en8ion entered. M)\ X. W. McConnelK for Aeeused. Mr. James Donovan, Attorney General, amicus curiae. ^\\i. JUSTirE PIGOTT delivered the opinion of the court. Disbarment. Original. This is a proceeding for the disbar- ment of Elljert 1). Wee<l, Esquire, institute<l on Xovcmber 23, 1901. On January 13, 1902, objections to the several accusa- tions were sustain.jd, with leave to amend the petition and at- tacli ])roper verifications within 20 days, (/n re Weed, 20 Mont. 241, 07 Pac. 308.) An amended petition was filed on January 23, to whieli the accused answered by filing objections to tlie sufliciency of each accusation. His objections to the first four accusations, l)eing without merit, were overruled. The ob- jections to the fifth f.nd last accusation w^ere sustained, and that accusation dismissed. An answer to the merits w^as filed on February 18, 1902, and on March 27 and 28 the cause was tried by the court. 1. We are not t-iitisfied Avith the truth of the material alle- gations constituting: the fourth accusation, and therefore dis- miss it as not proved. There remain for consideration three accusations. 2. The first accusation charges the accused with the com- mission of acts necessarily involving deceit (whether the deceit 26 Mont.] In rk Weed. 509 Avas an independent crime we do not decide), and also a viola- tion of Section 200 of tlie Fourth Division of the Compiled Statutes of 1887. Briefly stated, the averments are these: On December 7, 1894, Weed, who then was, ever since has been, and now is, an attorney and counselor of this court, entered into a written contract of sale with one Mayer, whereby, for and in consideration of $125.00 paid by said Mayer to said Weed, the latter agrees to and w^ith said Mayer to sell and convey eighty (80) acres of land in a square tract off the southwest corner of the southeast quarter (14) of section 7, T. 11 X., R. 3 W., at the rate of ten dollars per acre, to be paid as fol- lows: $125.00 doMn, the receipt whereof is hereby acknowl- edged; $200.00 on or before January 15, 1895; $175.00 on or before March 1, 1895; $300.00 on or before December 1, '95." This contract was not recorded. Weed was then the owner in fact, as well as by the record, of the land, which lies in Lewis jind Clarke county, Montana. On or about April 17, 1895, Mayer paid to Weed $200 as part of the pur- chase price, which fchould have been paid on January 15, and the further sum of $175 as the installment w^hich was due on March 1, 1895. Before these payments were made, and on April 2, 1895, Wec:l, well knowing that he was not, and would not be, able to convey title to Mayer, knowingly, and with intent to defraud Mayor, ard feloniously, for a valuable consideration, granted to one Luther F. Smith, by deed of conveyance of that date, the land alreidv sold to Mayer, which deed to Smith was duly recorded on April 15, 1895. At the time of the grant to Smith, ]\Iayer was not residing on the land, nor was there any- thing to put Smith en notice that any i)erson other than Weed had an interest in it. The deed to Smith invested him with the fee-simple legal title, without any reservation or exception what- ever ; and thereafter Weed had no interest in the land, nor con- tract bv which he could ever obtain title to it. Weed did not inform Mayer that he intended to grant, or that he had granted, the land to Smith, and did not notify Smith that he had there- tofore agreed to sell to Mayer. Because of his implicit confi-' 5 10 Ix RE Weed. [^\iiT T.'02 denee in the integriiy of Weed, flayer omittcKl to examine the records to ascertain the condition of the title. The transfer to Smith was falselv and fraiidulentlv made with intent on Weed's part to defraud Mayer of the land and of the money lie had paid upon the contract. Wee<l knowingly and fraudidently con- cealed from Mayer the fact of the transfer to Smith, with the deliberately planned purpose and intent to cheat and defraud !Mayer and induce l.im to pay the remainder of the purchase price, and thus to defraud him of all payments which he might thereafter make. Weed was and is utterly insolvent. In August, 181)5, Mayer tendered to Weed the remainder of the purchase price, and demanded a deed, but Weed then and <ifterwards falselv and fraudulently stated to IMaver that he could not at the time comply wilh the demand, for the reason that the title was involved in an estate in Wisconsin, in which several minor heirs were inter?sted, but expected to make title in a few days. Mayer did not learn of the transfer to Smith until Septeml>er, 1901, when the daughter and grantee of Smith demanded pos- session of the land. Since April 2, 1895, Weed has been a stranger to the title. lie is unable to convey to flayer, has had no control over the land, and no means or device whereby he could or can obtain title. The statutes of limitation bar anv • criminal action ajrainst Wei^d. He refuses to reimburse Slaver or. return the money received, but offers a note for $250 in full satisfaction. By his answer the* accused denies that any of the sums paid bv Maver were Daid after April 2, 1895 ; denies everv alle^jra- tion of fraud and deceit ; pleads that at the time the contract v/as made the land was mortgaged to Luther F. Smith, a resi- dent of Wisconsin, which mortgage was of record, and that the accusesd explained fully to flayer at the time the fact of the incumbrance, and that Mayer accepted the contract subject to the mortgage; that he at all times expected, and still expects and intends, to discharge the mortgage, and to execute a deed to Mayer convoying a perfect title upon payment of the re- mainder owing by the latter; that subsequently, and on April 2G Mont.] ^ In re Weed. 511 2, 1895, without his fault, and on account only of depreciation in values, and business reversals beyond his control, the accused "Nvas unable to pay the amount secured by the mortgage when it became due, which w^as prior to the 1st day of April, 1895, and Smith, being al>out to begin a suit to foreclose, the accused, under compulsion of the threatened suit, and only to save the expense thereof, was compelled to give to Smith a deed to the land and other lands covered by the mortgage; that at the time of the execution of the deed there was a full, complete, and binding agreem.^nt l)etween Smith and the accused, by tlie 'terms of whicli Smith was to reconvey to the accu^d upon pay- ment of the amount w4iich might then be due from him to Smith. At the trial the following facts were either admitted or proved beyond a reasonable doubt to exist: In 1884 the accused made his interest-bearing note to Smith for $1,400. Payment of this note was secured by a mortgage made by the accused of certain lands ovvned by him, including tlie 80 acres afterwards contracted for by Mayer. The mortgage was of record. On December 7, 1894, tlie contract between Weed and Mayer was entered into, ind $125 paid down by Mayer. A few months thereafter, on April 2, 1895, Weed conveyed by deed of bar- gain and sale to Smith tlie full legal title to all the land mort- gaged, the deed ix-iiig silent as to the contract with Mayer. The negotiations for a settlement were carried on between Smith's counsel at Helena and Weed, and covered a period of several years. These xinally resulted in an agreement whereby, in sat- isfaction and dischai'ge of the mortgage, Smith was to take the property at a valuaiion of $3,100, and a note of the accused for $3,300, — the debt then amounting to $6,400. The accused was hopelessly insolvent. In the language of Smith's counsel: 'The amount v»'as v. large amount of money, something over $(),000. Ifhad been running for ten years, and every one was very anxious to have it settled up. You [the accused] and I had numerous laoetirigs and negotiations, covering a long period of time, possibly three or four years; and finally the best we 512 Ix RE Weed. [Mar.T.'02 could do was lo have the property appraised, and give you credit for the amount so fixed, and you give a new note for the balance. * * My recollection is that it was rather a hopeless proposition, and you were obliged to give a note for $3,300 over and above this credit [of $3,100 represented by • the land]." Pursuant to this arrangement, the deed of April 2, 1805, was made, and a note for $3,300 given to Smith. The accused never infoniied Maver that he intended to convev, or had conveyed, the Innd to Smith; nor did Smith's counsel or Smith ever hear of the Mayer contract, the accused preserving . silence in respect of it. The deed was recorded on April 15, 1895. On the I7tli, 18th, or 19th of the same month Mayer paid to the accused persooially the installments of the purchase price due in January and March, amounting to $375, and at the same time naid to him $8.60 as interest at the rate of 12 per cent, yearly thereon from the times when these several pay- ments should have l>een made to April 15. Mayer did not learn of the deod to Smith until September, 1901, when Smith's daughter, who was then and is now the ow^ner of the land, dis- possessed IMayer. The latter, deeming himself the owner, had been in posses3ion since April, 1895, and had made permanent and valuable improvements. In August, 1895, and subse- quently, on different occasions, Mayer offered to pay to the ac- cused tlie remainder of the purchase price upon receiving a good title; but the accused falsely stated that because Smith was dead and his estate involved in the Wisconsin courts, or because there wctc several minor heirs of Smith (the accused testifying to the giving of the former, and other witnesses to the giving of the latter, reason), he was imable immediately to make a deed to the land, though he was willing to receive from Mayer the last installment of the purchase price, assuring Mayer that he "expected to have everything in shape in a few <lays to make your title good." The accused repeated these false excuses, wliich Mayer believed, as late as the summer of 1899. At no time prior to February 19, 1902, which was after the amended petition in this proceeding was filed, did he have 26 Mont] In re Weed. 513 any agreement with, or option from, Smith or Smith's suc- cessor in interest, nnder which he had the right or privilege of repurchasing the* land. His assertion to the contrary is, according to the only reasonable inferences to be drawn from his own testimony, manifestly an afterthought, and wholly false. He admits that he did not disclose to Mayer the fact of the deed to Smith having been made, and he assigned false reasons Avhy he could not convey title to Mayer. He has never paid, in whole or in part, the money received from Mayer. In the foregoing statement we have not attempted to detail all the items of evidence which tend to prove the accused guilty of the felony and of the deceit charged in the first accusation. We have contented ourselves ivith a recitation of some of the most salient conclusions of fact necessarily deducible from the evidence. That he knowingly and fraudulently sold the land to Smith for a /aluable consideration after he had executed the agreement for its sale to Mayer was proved beyond a reason- able doubt. That he practiced a deceit upon Mayer in receiv- ing the $383.60, after he had parted with every shred of title to the land, is o& clear as any fact, not susceptible of mathe- matical demonstration, can possibly be. A criminal action under Section 200, sup-a^ is barred by lapse of time ; but this does not preclude an investigation by the courts into the moral fitness of a counselor at law to remain a member of the most honorable and useful of the learned professions. If the ac- cused could be prosecuted criminally under the provisions of Section 200, supra, Ave should, of course, refuse (in so far as the matters constituted a public offense) to entertain jurisdic- tion of the first accusation, — which charges a feloiiy, and also gross misconduct, involving moral turpitude, in matters not pertaining to the office of counselor, — until the usual powers of trial courts of criminal cognizance had been invoked. (In re Wellcome, 23 Mont. 140, 213, 58 Pac 45.) In the present case, however, it Avould be useless to require, as prerequisite to an investigation by this court of the matters constituting a felony, the institution and conclusion of a criminal action by Vol XXVI-aa 514 In be Weed. [Mar.T.'02 complaint^ information, or indictment, for such an action is barred by the statute of limitations. Nor is a previous con- viction essential. {In re Wellcome^ 23 Mont. 213, and cases cited on pages 225 and 226, 58 Pac. 47 ; Boston Bar Association V. Greenhood, 168 Mass. 169, 182, laS, 46 N. E. 568; Cowley V. O'Comiell, 174 Mass. 253, 53 N. R 1001, 54 X. E. 558; Delano's Case, 58 X. H. 5, 42 Am. Rep. 555.) We find the accused guilty as charged in the first accusation. 3. The second aiid third accusations may be considered to- gether. By them the accused is charged with malpractice and deceit as an attorney and counselor. In August or September, 1900, one Angell and one Schwendinger employed the accused to examine into the matter of the receivership of a certain min- ing company againjt which they held claims. They desired to have the order appointing the receiver vacated, so that their demands might be paid out o£ the property of the company. The accused investigated the question and was paid for the advice he gave. The claims Avere left in his hands for collec- tion. In December, 1900, he prepared and caused to be filed, in behalf of his clients, notices of laborers' liens based upon these claims. In April, 1901, at the request of Angell and Schwendinger, he drafted powers of attorney appointing one Davis their attorney in fact to collect the demands. In August, 1901, learning ihat the company was settling the claims against it, he went to Davis and falsely informed him that the company was settling the claims on the basis of 50 per cent, only, that it would not pay more, and that of such amounts he (the ac- cused) would retain 10 per cent, as his fee or commission. Davis authorized him to settle on the terms suggested. There- upon the accused collected 75 per cent of the Angell claim and 66 per cent, of the Schwendinger claim. He turned over to Davis 45 per cent, of the face value of each demand, and kept the remainder, Davis and his principals afterwards dis- covered that the company had paid the accused a greater pro- portion of the demands. Subsequently Angell sued the accused to recover the vlifference between the amount received by him 26 Mont.] In be Weed. 515 and the amount accounted for. The accused was personally served with summons, made default, and suffered judgment to go against him. Thft judgment has not been paid. He testified that he fully intended to defend the action and interpose a counterclaim for professional services, but had occasion to leave Helena, where the action was pending, and while absent for a few days judgment was taken. He offers no reason why he omitted to move the vacation or setting aside of the judg- ment. This is but one of the items of evidence tending to prove the charges. The accused i§ found guilty of the malconduct alleged in the second and third accusations. The acts constituting the crime, and the substantive' deceit alleged in the first accusation, were committed seven years ago, although the affinnative deception serving to characterize them was continued until 1899, or even later. The malconduct charged in the second and third accusations may possibly have been the result of a mistaken idea of the accused that his pro- fessional duty in respect of the demands had ceased, and that he, as broker, was dealing at arms' length with the agent of his former clients, and was under no obligation to disclose frankly and fully his knowledge concerning the demands, which he had obtained in virtue of his fiduciary relation. If he en- tertained such fin idea or belief, it was unsupported by the facts and was without foundation in law or ethics. In view of these considerations, and of the evidence establishing his good reputation for trustworthiness and honesty, we deem it merci- ful and at the same time just^ to impose a penalty less severe than permanent disbarment. The judgment of the court is that the accused, Ell^ert D. Weed, be, and he is hereby, suspended from his office of attorney and conselor, and deprived of the right to practice as such in the courts of Montana, for the period of two years, to-wit, until the 26 th day of May, 1904; at the expiration of which time he may, upon proper petition, supported by satisfactory evidence of good conduct meantime, be restored to his privil^es. Let the judgment be entered. 516 In be Weed. [Mar.T.'02 Mr. Chief Justice Braxtly: I concur. Mr. Justice Miiburx: I concur in the result as reached by my associates as to the charge made against Mr. Weed con- nected with the matter of the sale of real estate to Mr. Maver. I am much impressed with the force of Mr. Justice Pigott's views and of the decisions and opinions of the other courts which support the position taken by the majority of this court. But I am not convinced that this court may, in this proceeding, find the respondent guilty of a felony without at least an at- tempt to prosecute him before a court competent to render a judgment of conviction. To find a lawyer guilty of an act in- volving moral turpitude, the act being felonious, and to mark him as a felon without an attempt at a trial, is not, in my opin- ion, embraced within the power conferred upon this court by Subdivision 5 of Section 402 of the CJode of Civil Procedure. The adjudicated cases of this state have not gone to that extent, as I think. I am not fully satisfied that the said subdivision was intended to confer upon this court the power to adjudge a man guilty of a felony without at least an attempted trial in a competent trial court. But it is not necessary for me, in arriving at a determination as to my duty in this case, to agree with the courts that have held views opposed to mine. A careful examination of the record shows ihat Mr. Weed failed to act with the good faith which should •?haracterize a trustworthy attorney and a mem- ber of this bar in relation to the matter of the sale of the said land after he had received the last money which was paid to him by Mr. Mayer. Assuming that the respondent's intentions, although sadly mistaken, were honest at the time that he made the contract to sell the land, and all along up to and including the time when he received the last payment of money thereon, one cannot in any wise excuse his behavior toward Mr. Mayer since the date of the last payment. His conduct was one of deception. If he became embarrassed because of the deprecia- tion of the value of real estate and of financial distress^ he had 26 Mont.] Board of Co. Comers v. Story. 517 a plain and evident duty, to-^vit, to disclose to his unfortunate vendee the true circumstances of the case. His failure to ac- quaint Mr. Mayer with the truth, and his evident purpose to keep him in darkness as to the facts, disclose to me such a want of the true conception of a fair-minded man's duty to one de- pendent upon him for the truth, that I cannot avoid the con- clusion that the charge as made against him in respect of this matter, so far as it charges him with a want of good faith, is sustained ; and for this reason, and for this reason alone, with- out any finding as to his intent at the time he contracted to sell the property or received the money, I concur in the result as reached by the majority of this court. I concur in ihe opinion! of tlie court as to the findings, rea- sons, and conclus'ion in respect of the other charges upon which the respondent has been found guilty. BOARD OF COUJsTY COMMISSIONERS OF CUSTER COUNTY, Appellant, v. STORY, Respondent. AND BOARD OF COUNTY COMMISSIONERS OF CUSTER COUNTY, Appellant, v, STORY et al.. Respondents. (No. 1,453.) (Submitted April 18, 1902. Decided May 26, 1902.) Taxaiion — Personal Action to Collect a Tax — Statute of Limir tatio ns — Con stitn i ion. 1. Complied Statutes of 1887, First Division, Section 42, Subdivision 2, as amended by Laws of 1893, page 50, and Code of Civil Procedure of 1895, Section 520, limit the time for commencing a personal action to collect a tax to two years. 2. Compiled Statutes of 1887, First Division. Section 42, Subdivision 2. as amended by laws of 1893, page 50, and Code of Civil Procedure of 1895, Section 520, are not in conflict with Constitution, Art. V, Section 39. 518 Board of Co. Com ks v. Story. [Mar.T.'02 Appeal from District Courts Gallatin County; F. K. Arm- strong, Judge. Action by the Board of County Commissioners of Custer County against Keleon Story, and action by the Board of County Commissioners of Custer County against Xelson Story and Walter 1). Storv. Bv agreement of the oarties the causes were oonsolidai(yl and tried together. From judgments for defendantvS, plaintiff ap\|Kals. Affinneil. Mr, C. B, Nolan, tmd Mr. James Donovan, Attorney Goieral, for Appellant. Mr. A. J. Campbell, for Respondents. The Hoxorable J. B. Leslie^ District Judge of the Eighth Judicial District, silting in the place of Mr. Justice Milbum, delivereil the opinion of the court. These actions were instituted against the defendants in the district court of Custer county on the 6th day of August^ 1897. Subsequently a change of venue was ordered by said court to the district court of Gallatin county. In the first-named action a recovery is sought against the defendant therein named on account of unpaid taxes assessed against him by the authorities of Custer county for the year 1889, amounting to the sum, with penalty added, of $759. The second action is similar in character. In two separate causes is allc^o<l the default of the defendants in the payment of taxes assessed against them by tlie county authorities of Custer county for the years 1800 and 1892, amounting to the sums, with l^nalties adde<l, ro.^i^ectively, of $7,087.15 and $187. Said sums sued for are alleged to have matured in the respective years of their assessment. To each cause answer was made traversing the iiaterial allegations, and, in addition, as against each cause of action, the statute of limitations was pleaded. By agreement )f the parties the causes were consolidated, and 26 Mont] Board of Co. Com'ks v. Story. 519 tried together by the court below sittifig without a jury. At the conclusion of plaintiff's testimony the defendants moved for a nonsuit upon the ground that it affirmatively appeared that the actions were barred by the provisions of Subdivision 2 of Sec- tion 42 of the First Division of the Compiled Statutes, as amended by Section 1 of the Act of the Third legislative assem- bly, approved March 10, 1893 (Laws 1893, p. 50), which mo- tion was sustained by the court,, and judgment in favor of the defendants entered accordingly. From that judgment the plain- tiff prosecutes this appeal. Xo question having been raised touching the authority of plaintiff to bring lliese actions in the name of the board of county commissioners, its capacity to sue is assumed for the purposes of this appeal. In addition .o the material averments of the complaint, it is further alleged, relative to the property on account of which the taxes sued for were assessed, that it 'Svas at all times Avhile within said county situate upon the Crow Indian reservation, and that after raid tax was assessed and levied and became de- linquent the treasurer of said county plaintiff frequently at- tempted to go iipon said reservation to collect said tax, and was at all times before the removal of said property from the said county hindered and prevented from so entering upon said reservation and collecting said tax by distraint of said property by the United States Indian agent and by the United States authorities in diargc of said reservation, and by the injunction orders in said matter made and issued by the United States circuit court of thv^ Kinth circuit in and for the district of Montana, and was by the action of said federal authorities and said federal court vholly prevented from seizing and distrain- ing the property of defendants." A caref\il examination of the testimony had at the trial fails to disclose any proof offered in sup\|X)rt of ihis contention. Whether these averments were incorporated in the pleadings for the purpose of taking the causes out of the operation of the statute of limitations it is needless to speculate, or what effect the alleged hindrance, if 520 Board of Co. Com'ks v. Story. [Mar,T/02 established, would have upon the statute, is unnecessary to de- termine. The sole question presented by this appeal is whether the statute of limitations runs against the state, or a subdivision thereof, in an action to recover a judgment for an unpaid tax claim, — whether said Subdivision 2 of Section 42, as amended, contravenes the provisions of Section 39, Article V, of the Constitution. The statutory an 1 constitutional provisions which have appli- cation to and ?uust determine the question under consideration are as follows: Section 28, First Division, Compiled Statutes of 1887: '^Civil notions can onlv be commenced within the jieriods prescril)ed in this title after the cause of action shall have accrued, excei)t where, in special cases, a different limi- tation is prescribed by statute." Section 42, Id,, as amended: '^An action upon a liability created by a statute, other than a penalty or a forfeiture, shall be commenced within two years." Section 49, Id,: The limitations prescribed in this act shall apply to actions brought in the name of the territory, or for t-he benefit of the territory, in the same manner as to actions brought by private partita." The section last quoted, as carried into Section 520, Code of Civil Procedure, reads: 'The limi- tations prescribed in this chapter apply to actions brought in the name of the state, or for the benefit of the state, in the same manner as to actions by private parties." Section 39, Article V, of the Constitution : ''Xo obligation or liability of any per- son, association or coriK)ration held or owned by the statej or any municipal corporation therein, shall ever be exchanged, transferred, remitted, released or iX)stponed or in any way diminished by the legislative assembly; nor shall such liability or obligation be extinguished except by the payment thereof into the proper treasury." Legislative intent is manifest from the language of Section 49, supra, that the statute should oj^erate with equal force against an action by the state, or for the use and benefit of the state, as against a juivate individual. If demands of the char- acter of tliose m suit are "liabilities created bv statute," and 26 Mont.] IJoARD OF Co. Com'rs v. Story. 521 the sections of the statute above qiiote<l are not repugnant to the provisions of the. constitution, it logically follows that the lower court properly held that appellant's right to proceed by action was barred. Is the obligation to pay a tax demand levied and assessed by the i)roj)er authorities, and in accordance with legislative direc- tion, a ^'liability created by statute" ? That it is such a liability is well sui)ix)rtv?d bv reason, and is, almost without exception, the view adoptod by courts of last resort. The state, as an incident of its sovereignty, possesses the jx>wer to impose upon persons and cstates within its juriodiction their just and pro- }X)rtionate share of the expenses and burdens of maintaining its existence and effecting its objects, limited only in the exer- icse of this power by constitutional restrictions. This power to tax is strictly legislative, and its exercise must ensue from the mandate of the law-making branch of the government in the establishment of fixed and general rules insuring, as near as nii\y Ik, exact impartiality and equality in the distribution of the common burden. The process by which this exaction from the individual or the estate is accomplished is the product of statutory enactment. The duty imjwsed is characterized and defined by and dependent upon the legislative will, and is a liability created by statute. Some of the numerous decisions adopting this ?onstruction are Bristol v. Washitujton County, 177 1^ S. 147, 20 Sup. Ct. 585, 44 T>. Ed. 701; State v. Min- iiifj Co., 14 Xev. 22G; City and County of San Francisco v. Joucs (('. C), 20 Fed. ISS; San Franz-isco v. Liming, 73 Cal. GIO, 15 Pac. 311: County of Redwood v. Winona & St. P. Land Co., 40 Minn. 515, 42 X. W. 473; Pine County v. Lam- bert, 57 Minn. 203, 58 X. W. 090; 10 Am. & Eng. Enc. Law, (2d Ed) p. 282, and cases cited; Cooley on Taxation, 435. A demand for taxes being a liability created by statute, the next inquiry is, do the provisions of said Subdivision 2 of Sec- tion 42, as amended, and Section 40, conflict with Section 39, Article V, of the Oonstitution ? This question must be an- swered in the ,iegative. The inhibitory words of the constitu- 522 Board of Co. Com'rs v. Story. [Mar.T/02 tion are that no obligation or liability in favor of the state shall be "exchanged/' "transferred," "remitted," "released," "post- poned," "diminished," "extinguished." That the terms "ex- changed" and "transferred" can have no application to the sub- ject herein must be conceded ; nor does the statute "postpone," or suspend for a time, the remedy for the enforcement of pay- ment, giving a icmporarv' respite to the debtor, to be followed ]>y a revival of the right to collect from him ; nor can a dimi- nution follow from the statute canceling a part of the debt and leaving in force a part. If there is any conflict in the statute, it must be found in the remaining words "remitted," "re- leased," "extinguished," and which, for the purposes of this case, may lye considered as convertible terms prohibiting a can- cellation of obligations of the class embraced in the constitu- tion. The statute relied on by the defendants, which limits tlie right to sue within two years after the maturity of tlie demand, does not operate to remit, release, or extinguish the obligation. With respect to personal actions for the recovery of debt, stat- utes of limitation are not statutes of release or liquidation ; they affect the remedy, and not the right. {GuUerman v. Vi'ishon, 21 Mont. 4G1, 54 Pac. 566; Cooley, Const. Lim. p. 447; 19 Am. & Eng. Eric. Law (2d Ed), p. 147, and cases cited.) While plaintiff's light to proceed by action is lost by delay, the debt is not extinguished, and the officers authorized so to do may pursue the other remedies provided by law and enforce collection. The laws of this state provide a summary method of seizure and sale of personal property and sale of realty for enforcing payment cf taxes, and also authorize the bringing of a common-law a cation for the recovery of a personal judgment against the delinquent taxpayer. jS^either of these remedies is dependent on the otier for its existence or efficiency. The pro- ceeding bv action is a remedy in addition onlv to the others named ; but for the statute creatinor it, the romedv would not exist. The lawmaking power, having authority to prescribe or withhold altogether a particular remedy, may, in its enact- ment, invest it with such restrictions as will, in its judgment, 26 Mont.] Board of Co. Comers v. Story. 523 best subserve the public good. Were there no statute authoriz- ing the bringing of an action to collect a tax debt, and the 1^- islature, in its wisdom, deemed it expedient to make provision for such a remedy, could it be reasonably contended that in the enactment of such a law the constitutional provision relied on by the plaintiff would stand in the way of a proviso that the action should be brought within a specified time, else the right to sue be denied? Or would the power of the legislature be questioned to repeal altogether the existing right to proceed by action, leaving the remedies of distraint and sale to be pursued by the collecting officers ? The ix)wer to ?ue for delinquent taxes existed at the adoption of the constitution, authority therefor being found in Section 9 of the Act of the Sixtoentli legislative assembly of tlio terri- tory, approved Afarch 14, 1889, p. 225, and likewise, at the same time, the statute limiting the jx^riod within which such actions might be brought was in force. If it had been the in- tention of the framers of the constitution to exempt the state from the operation of statutes of limitations, it would have been an easy matter toi incorporate a clauoc to- that effect in the instru- ment. More than two years having elai:>sed between the maturity of each of the claims sued on and the commencement of the actions, the lower court properly sustained the motion of the defendants for n nonsuit. The judgment is therefore affirmed. Affirmed. Mr. Chief Justice Brantly : I concur. Mr. Justice Pigott: I concur. Mr. Justice Milburx, having been of counsel in other un- determined causes presenting the same question here involved, does not parti?ij>ate in the foregoing opinion. 524 Ojiowex r. Phelps et ai. [Mar.T/02 CHOWEX, Appellant, r. PHELPS et al.. Respondents. 26 524 34 274 34 275 (No. 1,445.) (Submitted April 16, lOUl!. Decided May 26, 1002.) Money Had atul Eeceived — Tinists — lAmitaiioiis — Fraud and Mistake — Express Trusts — Manner of Creation — Suit to Enforce — Com pi a in t — Costs. 1. I'laintiff's SOD, VI bo owned a part interest in common in certain real estate, conveyed bis Interest to D., wbo was also a part owner, under an oral agreement L-ctween the owners that it should be held and sold by D. as trustee. Thereafter the son sold and conveyed his Interest to plain- tiff, who conveyed to D. under a similar trust arranged with Mm, and he thereafter L'onveyed the land to defendant C, who was a part owner, in trust to be held and sold for the benefit of the owners. The latter sold the property and paid the proceeds to defendant P., who was also a purt owner ; the plaintiff having no Icnowledge thereof till within three years of the c ummencement of an action to require defendants to ac- count, though the land was sold prior to such time. Defendants had no knowledge tbnt plaintiff had an interest in the land, and there was no evidence showing a trust relation between plaintiff and defendants, or a concealment of the facts by defendants. Held, that the action was for money had and received, barred within three years, under Code of Civil lrocedure, Sec. 514, fixing a three-year limitation for actions on con- tract, account, promise, obligation, or liability, and tnat there was no fraud or mistake, within tlie meaning of Act of March 0, 1893, providing that limitations shall not run against actions founded on fraud or mlstalLe till the fraud or mistake is discovered ; the defendants owing no duty to plaintiff to notify her of the transaction. 2. A purchaser of real estate is not chargeable with record notice of a con- veyance by the person from whom his vendor had acquired title by a quitclaim deed executed after the execution of the latter deed. 3. A purchaser of leal estate is not chargeable with notice of a trust agree- ment affecting the land, between his vendor and a person to whom the land had been conveyed by the person selling to the vendor, made after the conveyance to the latter. 4. An express trust in land can only be created by a conveyance in writing, which is accepted by the grantee, showing the purpose for which the grantee holds the property. C. A complaint in an action to enforce an express trust in land mus€ allege a conveyance in writing, accepted by the grantee, which shows the purpose for which the ferr.ntee holds the property. 6. Where plaintiff Is entitled to a portion of the proceeds of land sold by the owner of the legal title, no demand is necessary before suit, in order to entitle plaintiff to costs, even though no trust relation exists between the parties. Ap})eal from District Court, Cascade County; J, B. Leslie, Judge. 26 Mont.] CiiowEN v. Phelps et al. 525 Action by Susan/ E. Chowen against Louis G. Phelps and Timothy E. Collins. From a judgment of nonsuit, plaintiff appeals. AflSrmed. Mr. F. A. Meii-ill, and Mr. Raiisoni Cooper, for Appellant. The statute of frauds cannot be invoked in: tliis case because of the very familiar rule that the statute is only intended to prevent frauds, and the party intending to claim the benefit of the statute must deny the transaction or contract and cannot admit it and then claim that it was void because not in writing. In this case the defendants in their answers admit the creation of the tnist by alleging that they and Dickennan and H. O. Chowen, on the 5tli day of July, 1893, and prior thereto, were o\ATiers of the land, but that the legal title was held by Dicker- man, and that Herbert O. Chowen conveyed to plaintiff. Under the facts in this case a trust arose, or was created, 'by operation of law. Such a trust need not be created or declared by any instrument in writing and may be proved by parol evidence. (Sec. 218, Fifth Div. Compiled Statutes of 1887; Sec. 1311, Civil Code; Lewis v. Lvndley, 19 Mont. 422; Mviler v. Buyck, 12 Mont 369.) Phelps became a trustee for plaintiff to the extent to which he received her share of the trust fund. (Sees. 2952, 2958, 2959, 2990, Civil Code.) The defendants' im; proper interference with and disposition of plaintiff's share of the trust fund was a fraud as to her. (Sec. 2976, Civil Code; 36 Lawyers' Reports, Annotated, 84.) Plaintiff's action is an action for relief on the ground of fraud, and is not provided for in Section 514, but is provided for in Section 513. The court cannot ignore the fact that al- though the l^slature has in Section 514 provided a period for bringing actions on an obligation or liability not founded on an instrument in writing, it has also elsewhere expressly provided a different period for bringing action for relief on the ground of fraud. It must be assumed that the legislature meant something by this, and that in the latter case Section 514 was not intended to apply, whether the defendants' obliga- 526 CiiowEN V. Phelps et al. [Mar.T/02 tion or liability is or is not founded on an instrument in writ- ing. I 41 The statute of limitations has not been properly pleaded. The defense of tlie Sftatute of limitations is a personal privil^e and must be taken advantage of by demurrer or answer, other- wise it is deemed to be waived. {Kelly v. KriesSy 68 Cal. 210 ; Bea{ja?it. v. Justices' Court, 75 Cal. 253 ; and see Sees. 558 and 749, Code of Civil Procedure.) The only attempt by the de- fendants to plead the statutes of limitations was by reference to Subdivision 1 of Section 514 of the Code of Civil Proced- ure. The cause of action in this case does not come within the provisions of that subdivision or section, but is provided for elsewhere, and so defendants cannot have the benefit of any statute of limitation not pleaded by them. {Stewart v. Budd, 7 Mont 573 ; Manning v. Dallas, 73 Cal. 420.) If the defend- ants had properly pleaded the statute of limitations it would then have been necessary for them to establish the facts show- ing that the plaintiff's cause of action was barred by the statute. The action being an action for relief on the ground of fraud, the statute \\x)uld not commence to run until the discovery by plaintiff of the facts constituting the fraud. It is immaterial in this case whether the action is legal or equitable, for even in jurisdictions where the distinction be- tween legal and equitable actions is maintained, the rule is that in an action at law to recover money it is competent to show by oral evidence that the money is a trust fund, and in such case the action is of an equitable character and the rules of equity regarding the admission of evidence should prevail. {Mincliin v. MivrMn, 32 N. E. K<:p., 165 Mass.) The defendants in this case having appeared and answered, tlio plaintiff is entitled to any relief to which she has shown herself entitled regardless of her prayer. Messrs. Clai/berg & Gunn, and Mr. W. W. Phelps, for Respondents. 26 Mont] Chowen v. Phelps bt al. 527 MK. JUSTICE MILBURN delivered the opinion of the court Plaintiff sued the defendants to recover the sum of $5,625 and interest "from the month of April, 1895." The court, on motion of defendants, entered an order of nonsuit Plaintiff appeals from tlio judgment of dismissal, which gave defendants their costs. On March 22, 1898, the plaintiff commenced suit by filing her complaint, wherein she allied that on and prior to August 7, 1893, she was the owner of an undivided one-fourth interest in certain real estate in Great Falls, Montana; that her co- owners were the defendants and A. E. Dickerman, each o^vning a part equal to hers : that, while these four persons owned the property, they lautually agreed to convey the same "to the de- fendant Collins in trust, to be kept and held by him for them, and to be conveyed by him for the equal and mutual use and benefit of the plaintiff and her said ooK>wners to such persons and on such terms as she and they should thereafter agree upon, and that the plaintiff should have and be paid out of the pro- ceeds of any sale of said lands * * * one-quarter of the sum for which said lands should be sold ;" that in pursuance of said agreement the lands were by proper deeds of conveyance conveyed to the defendant Collins in trust for the uses and pur- poses agreed upon; that on January 15, 1894, a certain part of said real estate was, without the knowledge or consent of the plaintiff, sold and conveyed to the city of Great Falls for the simi of $22,500, the warrants in payment being drawn' there- upon payable to thu defendant Collins; that on January 17, 1894, the defendants caused the money payable on said war- rants to be paid to defendant Phelps; that Phelps knew then of the interest of plaintiff in the funds and her alleged right to share therein; that until April, 1895, the plaintiff had no knowledge that any of said sum had been received by Phelps; that frequently since April, 1895, she demanded of Phelps and Collins that they, and each of them, account to her for and pay 528 CiiowEN r. Phelps et at,, [Mar.T/02 her share to her out of tlie proceeds of the sale; and that each at all times refuse^l, and still refuses, to pay her any part of the monev. By answers duly filed the defendants denied that there was any agreement or understanding whatever between the defend- ants, or either of them, and the plaintiff; admitted that the land was sold for the sum named, but denied that the money was paid to the defendant Phelps with any knowledge whatever on his part as to any interest whatever in the property or the proceeds, as allied by plaintiff; admitted that the plaintiff had not received any of the said money; averred that on and prior to July 5, 1893, Herbert O. Chowen, who is the son of plaintiff, one A. E. Dickerman, defendant Collins, and defend- ant Phelps each o^vn©d a onje-fourth interest in the whole prop- erty ; and say that on December 16, 1891, Dickerman, who then held the legal title, mortgaged the said property to secure a note for $16,000, the not^ being for money borrowed for the use of the four persons last above named, and being signed by Dicker- man and indorsed by the three others ; that after the execution of the mortgage, which was not recorded, said Herbert O. Chowen executed and delivered to the plaintiff a certain quit- claim deed for said premises; that prior to the date of this quitclaim deed, and prior to the making of the mortgage, said Herbert O. Chowen conveyed all his interest in the premises by quitclaim deed to said Dickerman ; that no consideration was paid by plaintiff to Herbert O. Chowen for the transfer to her ; that at the time of the execution of the quitclaim deed to the plaintiff she knew of the mortgage; that all the proceeds of said sale were necessary to pay, and were paid, to settle mortgage and expenses of sale ; that they did not have any knowledge at the time of the sale or of the disbursing of the money that plaintiff claimed any interest in the property; and tliat the money was paid out by Collins. The cause w'as tiied to a jury. The following deeds were introduced : A quitclaim deed, dated December 10, 1891, from Herbert O. Chowen and wife to said Dickerman, consideration i 26 Mont] Chowen v. Phelps bt ax.. 529 $1, conveying their interest in all of the property mentioned ; a quitclaim deed, dated July 5, 1893, from Herbert O. Chowen and wife to plaintiff, consideration $7,500, conveying all their interest in the said property; and a quitclaim deed, dated August 7, 1893, from plaintiff to Dickerman, consideration $1, for said property. Dickerman testified to an oral agreement with Herbert O. Chowen, Phelps, and Collins, by which he (Dickerman) was to hold the land as trustee and sell it He conveyed to Collins for the same purpose. When he conveyed to Collins, he (Dick- erman) knew of the interest of plaintiff. To the best of his recollection, witness had no talk with, defendants in r^ard to her interest prior to the sale. Herbert O. Chowen testified to the same effect as to the agreement made orally. He notified the plaintiff of the agree- ment He sold all his interest to her. Plaintiff testified that there was no agreement in writing with Dickerman as to how the land was to be disposed of by him; she never got any part of the proceeds of the sale; she could not tell when she first learned of the sale, or when the money was paid ; she learned from a letter from Phelps what disposi- tion had been »nade of the money ; she did not give the date of the letter, or when she received it; she knew, late in the sum- mer of 1893, that they were talking of selling the land for a park; and she noticed in the papers, in the fall of 1893, that the property had been sold or was to be sold. The letter was received in answer to one written by her to Phelps. Herbert O. Chowen also testified that before the commence- ment of this action he, as attorney in fact for the plaintiff, demanded her share of the proceeds of the sale. Several times they refused to jjay or account as requested, until plaintiff wrote to Phelps^ and then he ansA\^red. Plaintiff resting, the defendants moved the court for a non- suit upon the following grounds: "That it is alleged in the complaint that 'oni or about the 17th day of January, 1894, the defendants Phelps and Collins, without the Vol. XXVI-84 530 Ohowen v. Phelps et al. [Mar.T.'02 knowledge or consent of the plaintiff, caused and pro- cured the $22,500 payable on said warrants ta be paid to the defendant Phelps in payment of said warrants and as payment by said city for said lands, and said sum was on said day so paid to and received by said Phelps at his instance and re- quest;' and it further appearing that this action was not com- menced until March 22,\&98, or more than three years after the alleged receipt and collection of this money and the cause of action had accrued, the cause of action is barred by Subdi- vision 1 of Section 514 of the Ck)de of Civil Procedure of Mon- tana. * * " The motion was sustained by the court The questions which present themselves in this case are diflS- cult They are not all discussed in the briefs of counsel. The authorities conflict with each other, and the courts of several states conflict with themselves. There was no evidence whatevQj that there was any trust relation between the plaintiff and the defendants. There was nothing proven, or attempted to be proven, tending to show that either of the two defendants knew of the plaintiff having any interest in the property or the proceeds of the sale thereof. The evidence shows that after Herbert O. Chowen conveyed his interest to Dickerman, he (Chowen) made a quitclaim deed to plaintiff, and plaintiff made a quitclaim deed to Dickerman, and that thereafter Dickerman conveyed by quitclaim deed to Collins. Collins was not in reason or law expected or required to ex- amine the public record of deeds to see what, if anything, Her- bert O. Chowen had done in regard to the property after he had conveyed all his legal title to Dickerman, who thereafter con- veyed all of the property to Collins. He (Collins) was not charged with knowledge of the quitclaim deed to plaintiff, or of the quitclaim deed from plaintiff to Dickerman. Neither he nor Phelps, without any knowl- edge of an interest in plaintiff, was charged with any duty to notify plaintiff. She had ample means^ as appears from the evidence, to learn the situation. Her right 2C Mont] CiiowEN v. Phelps bt al. 531 of taction agaiast the defendants, if she had any, commenced from the time that they, or either of them, collected the money. Even if Collins coold be charged with constructive, or with any, knowledge of the deed from plaintiff to Dickerman, he certainly was not charged, because of said deed, with any knowledge of any cral contract between Dickerman and the plaintiff. There was no breach of duty to her. She had a duty to herself to porforni, and that was to notify the defendants of her rights, if any she had, and to demand her share of the pro- ceeds, if she had a right to them. The money was money had and received for the o\vners. It was received in January, 1894. "This suit was commenced in March, 1898. It is contended that this is a case of fraud and mistake, if anything, and ihat it would fall under Act of March 9, 1893, amending Section 42 of the Code of Civil Procedure (Com- piled Statutes), and com tinned in operation under Section 5180 of the Political Code, and that it could not fall under Section 514 of the Code of Civil Procedure of 1895, as stated in the motion for a nonsuit. We do not think that the Act of 1893 applies. It does not seem to be "an action for relief on the ground of fraud and mistake," in which, case the "cause of action * ^ * is not deemed to have accrued until the dis- covery by the aggrieved party of the facts constituting fraud or mistake." It is apparent from the complaint that the plain- tiff ratified the sale of the part of the lands sold, and that she simply is demanding money had and received, as she alleges, for her use. According to the all^ations of the complaint, including the ratification, the defendant Collins was lawfully in possession of the money ; but it does not appear that he held it under an express trust To create an, express trust, there must be a conveyance in writing showing the purpose for which the grantee holds the proiperty, and there must be an accept- ance by him. A complaint declaring upon an express trust must show both. "Except in those cases in which the agent stands in the position of a trustee under an express trust, or has been guilty of actual fraud in concealing his liability to his 532 CiiowEN V. Phelps bt^O^ [Mar.T.'02 principal, there is ad good reason," says Mr. Wood, m his wk on Statutes of Limitations (volume 1, p. 348), "why the statate of limitations should not commence to run in his favor airer the lapse of a reasonable time in which to give notace to his principal." In the case set up in the complaint there is no express trust alleged. There is no concealment stated ifte action as stated m the complaint is one in assmnvsii. if the al- legations of the complaint were true, then the duty of the o^ fendants, if they got the money, was to. pay her share to tne plaintiff. Failure in -such duty was a breach, such as would give an immediate right of action without necessity of demanfl- Is this a case in vhich demand is necessary before suit, thus to save costs to the debtor? We think not If the debtor fail in his duly, he cannot complain because demand is not made before suit, with attendant costs, is commenced. If it be on« s duty, within a reasonable time after its receipt, to pay over money belonging to another, then the debtor cannot at the same time have the privilege or right to wait for demand. Duty to do at once a certain thing, and privilege to wait for a demand before doing, cannot coexist in the same person. The n^t o action accrues vhen the duty commences, unless, perhaps, the person owing the duty conceal from the beneficiary the hap- pening of the very thing upon the happening of which the nght of action would accrue As we have said, no concealment is alleged in the complaint in this casa Thus we have, under the pleadings, evidence, and bnefs, only the question submitted, to-wit: If the statute of limita- tions run in such a case, is it that part of the Act of 1893, supra (similar to Subsection 4, Sectiom 513, CJode of Civil Procedure), or Subsection 1, Section 514 of the CJbde of Civil Procedure ? The latter was relied upon in the motion for non- suit and in the answers. The former is declared by the plain- tiff to be the only section to be invdced, if any. We believe that Subsection 1 of Section 614 of the Code of Civil Pro- cedure applies. There was not anything in the evidence to show any nnder- 26 Mont.] Bordeaux v. Bordeaux. 533 standing or agraement between plaintiff and defendants. There was not anything alleged or proven showing any concealment on the part of the defendants, or either of them. The answer properly pleaded the statute of limitations, and it was apparent from the case as made by plaintiff that the plea was good, and the cause was properly dismissecl on motion for nonsuit. Affirmed. Mr. Chief Justice Brantly: I concur. Mr. Justice Pigott: Although I do not agree witli all that is said in the foregoing opinion, I concur in the judgment of affirmance. BORDEAUX, Respondent, v, BORDEAUX, Appellant. 26 683 fa6 688 (No. 1.787.) fgB 540 26 tun e27 1181 (Submitted April 21, 1902. Decided June 2, 1902.) 28 6881 29 4881 Divorce — Temporary Alimony — Suit Money — Fairer to Grant — Jui^i^diction of Supreme Court. The Supreme Court is without power, either loherent or coDBtitutlonally conferred, to al- low temporary alimony or suit money pending an appeal In a divorce case. After an appeal is taken the action Is still in the District Court, the primary forum. Al- lowance of suit money or temporary alimony is not within the original Jurisdiction of the Supreme (>)urt, nor is it necessary or proper to the complete exercise of appellate Jurisdiction. Appeal from- District Court, Silver Bote County; William Clancy, Judge. • Divorce suit by John R. Bordeaux against Ella F. Bor- deaux. A decree was rendered for plaintiif, and a new trial denied, and defendant appealed. Original application bv do- 534 Bordeaux v. Bobdsaux. [Mar.T.'02 fendant for an allowance of temporary alimony and suit money. Application denied. Messrs, McHattoti & Cotter, for Appellant Messrs. Stapleton & Siapleton, and Mr, B. S, Thresher, for Eespon/dent MR. JUSTICE PIGOTT delivered the opinion of the court. Judgment of divorce was entered in favor of the plaintiff for an offense coraniitted by the defendant. From the judg- ment and an order refusing her motion for a new trial the de- fendant has appealed. She now applies to this court for an order requiring the respondent to pay to her the sum of $5,000 as a reasonable Tee for the services of her counsel rendered and to bo rendered on the appeals, and to pay also the costs of the transcript, of her appearance fee in this court, and of printing her brief for this court; and also requiring the respondent to pay for her support and maintenance pending the appeals a sum in excess of the amount allowed by the district court The power of this court lo grant the order prayed for is challenged by the respondent. Bv virtue of Section 11 of Article VIII of the Constitution of Montana, didtricl courts have original jurisdiction' of ac- tions for divorce. While such an action is pending, the dis- trict court or its jiidgo may, as is provided in Section 191 of the Civil Code, in its or his discretion require the husband to pay alimony and suit money ; and the "action is deemed to be ponding from the time of its commencement imtil its final determination npon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied." (Section 18Q5, Code of Civil Procedure.) Whether the district court or jydge has power, pending ap- peal, to require the husband to pay to the wife money neces- sary to prosecute or defend against an appeal in a divorce case is a question reserved as imnecessary to be decided. As to the 36 Mont.] BoBDEAux v. Bobdeaux. 535 conclusion 6n this point reached in Beilly v. ReUly, 60 Cali- fornia Eeports, 62 5^ we express no opinion. Suffice it to say that this application sedcs to invoke the exercise of original jurisdiction^ and that the constitutian has not^ either expressly or by implication, conferred upon the supreooie court original jurisdiction in actions for divorce. The source of our jurisr diction is found in Sections 2 and 3 of Article VIII of that instrum^ent, an.d in neither is there authority for the relief sought by the applicant To the complete exercise of appellate jurisdiction this court is empowered to issue and to hear and determine such "original and remedial writs as may be neoee- sary or proper. '^ Complete exercise of appellate jurisdiction in the case at bar does not demand such a wirit^ nor in* any wise depend upon Its issuance; nor does the appellant ask for it. We remark, also, that Section 1730 of the Code of Civil Pro- cedure^ providing that whenever an appeal is perfected "it stays all further proceedings in the court below upon the judg- ment or order appealed froniy or upon the matters embraced therein, * * * but the court below may proceed upon any other matter embraced in the action and not affected by the order appealed from," does not grant to this court the power which the appellant asks to be exercised. Nor is the order prayed for one falling within the general and inherent powers of this court Many decisions are pro- duced which are as&erted by counsel to uphold the position of the appellant Some of the cases are directly in point, and fully support the contention. Of thesei, Lake v. Lake^ 16 Ne- vada Eeports, 363, and Id., 17 Nevada Reportsi, 230 (30 Pac 878), is the strongest Other cas^, owing to the difference be- tween the law of and the practice prevailing in liie states where they were decided and the law and practice in this state, are of no value. Neither the courts which administered justice ac- cording to the course and practice of the common law, nor courts of chancery, were clothed with jurifidiction of divorce causes. In the ecclesiastical courts, and in them only, resided the power to declare judicial dissolution of the bonds of matrimony. In 536 Bordeaux v, Bordeaux. [Mar.T.'02 the absence of tribunals of the kind last mentioned, the states of the Union have, with few exceptions, lodged with their courts of equity jurisdiction over such causes. In Montana an. action of divorce is a suit in equity. According to the equity practice, an appeal removed the whole case-;-all questions of law and of fact — to the higher court, where it was tried anew upon the depositions presented to the chancellor a quo, or upon such depositions and further evidence reduced to writing, and a decree entered upoTi the merits. During the pendency of the appeal the suit so transferred was in the higher court, and hence it might, in general, make such orders as the court or chancellor of first instance could have mada Such, as we un- derstand, is the procedure still in vogue in certain of the states. In Montana, ^lowever, the contrary practice prevails. The action — ^the entire rase — ^is n^ot transferred by appeal. Ques- tions otf law only are presented on appeal, even where the relief sought is equitable in character. The action it^jelf is still pend- ing in the lower court. On an appeal only questions of law are tried; neither the mere weight of evidence in substantial conflict nor the credibility of the witnesses is reexamined, nor is evidence adduced. Except in so far as affected by the appeal, the cause remains in the district court, the primary forum. The supreme court may affirm, reverse, or modify the judgment or order appealed from, and direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had (Section 21, Code of Civil Procedure), but the judgment of the supreme court affects only the judgment or order of the lo^vier court, and must be certified to the court from which the appeal was taken and in which the action is pending. This is manifest from an examination of the organic law and the stat- utes. Express j^ecognition of it is found in Section 1730, supra. This distinction has been often overlooked, as appears from many of the opinions read in support of the present proceed- ing. The application is dismissed for want of jurisdiction to entertain it. Dismissed, CASES DETERMINED IN THE SUPREME COURT AT THE JUNE TERM, 1902. present: The Hon. Theo. Bbantly, Chief Justice. The Hon. William T. Pigott, ^ V Associate Justices. The Hon. Geobge R. Milburn, ) BORDEAUX, Appfxlant, v. BORDEAUX, Respondent. (No. 1,770.) (Submitted April 21, 1902. Decided June 5, 1902.) For syllabuB, see Bordeaux y. Bordeaux, ante^ page 688. Appeal from District Courts Silver Bow County; WUlia/m Clancy, Judge. Divorce suit by John R. Bordeaux against Ellen, F. Bor- deaux. A decree was entered for plaintiff, from which def end- (637) 538 BOBDEAITX 17. BoBDEAUX. [JuDO T.'02 ant appealed, and made applicadon tso the trial oonrt for an allowance for suit monej, which was allowed, and plaintiff appeals. Original application by defendant for suit money. Application denied. Messrs. Stapletoii £ Stapleton, and Mr. B. S. Thresher, for Appellant Messrs. McHalton dk Cotter, for Bespondent MR JUSTICE PIGOTT delivered the opinion of the court After the entry of judgment of divorce in favor of the plain- tiff, and the entry of an order refusing the defendant a new trial, the defendant moved the court below for an order direct- ing the plaintiff to pay into the hands of its derk a certain sum for services of her counsel rendered in the causey and rendered and to be rendered by them upon the appeals, and requiring the plaintiff to pay for her use the cost of transcribing the testi- mony. On November 9, 1901, the court below granted in part the order prayed for. Instead of complying with it the plain- tiff has appealed to the supreme court therefrom, and has filed an undertaking ^hich operates as a supersedeas. This appeal ia now pending here The respondent asks this court to re- quire the appellant to pay to her, or into court for her use, a reasonable sum for her counsel fees on the appeal taken by the plaintiff, the costs of her appearance fee in this court, and of printing her brief for this court The question presented is the same as the one raised and answered in cause Na 1,787, Bordecmx, v. Bordeaux, 26 Mon-' tana Reports, 633, 69 Pacific Eeporter, 103, where we held that the supreme court is without jurisdiction to grant alimony or suit money pending appeal For want of power to make the order prayed for, the appli- cation is dismissed. Dismissed. 26 Mont.] Bordeaux r. Bordeaux. 539 BORDEAUX, Respondent, v. BORDEAUX, Appellant. ^ m (No. 1,806.) (Submitted April 21, 1002. Decided June 5, 1902.) For 'syllabus, see Bordtavx v. Bordtaux^ ante, page 658. Appeal from District Court, Silver Bow County; William Clancy, Jvdge. Divorce suit by John R. Bordeaux against Ella F. Bor- deaux. A decree v/as rendered for plaintiff, and a new trial denied, and defendant appealed. Original application by de- fendant for an allowance of temporary alimony and suit money. Application denied. Messrs. McHatton & Cotter, for Appellant. Messrs. Stapletorb & Stapleton, and Mr. B. S. Thresher, for Hespondent MR. JUSTICE PIGOTT delivered the opinion of the court. On tlie third day of January, 1902, the defendant appealed from an order of the district court entered Ifovember 9, 1901, requiring the plaintiff, who had recovered a judgment of di- vorce against the defendant, toi pay to her certain sums of money for counsel fees and expenses on appeals taken by her to the supreme court from the judgment and order denying her motion for a new trial. From the order of November 9, 1901, the plaintiff also appealed. The defendant prays this court to require the plaintiil to pay to her, or into court for her use, a. reasonable sum for the services of counsel on her appeal, another sum for the cost of preparing and printing her tran- script oiQ appeal, and a further sum for her appearance fee therein. 540 Stvte ex kel. Moshxeb v, Wbight- [June T. '02 Upon the autiioritj of the two cases of Bordeaux v. Bor- dcaiix, 26 Montana Reports, 533, 537, 69 Pacific Eeporter, !():>, 1130, the application is dismissed for the reason that this court is without jurisdiction to ^ant it Dismissed. 3f~54n STATE EX REL. MOSHXEB, RESPONDENr, V. WEIGHT. Appellant. (No. 1.427.) (Submitted March 10, 1902. Decided June 9. 1902.) Mandamus — County Cleric — Alias Order of Sale. Mandamus was not Ibe proper remedy to compel the clerk of the district court to Issue an alias order of sale of property under a foreclosure lien, as there was an adequate remedy at law, by motion in the case in the court in which the decree of foreclosure was rendered. Appeal from District Court, Fergus County; Dudley Du Bose, Judge, Mandamus hy the state, on relation of Frank Moshner^ against Edmund Wright^ clerk of the district court of Fergus counts'. From a judgment for relator, defendant appeals. Reversed. Mr, Wm, M, Blackford, Messrs, Stranahan & Stranahanj. and Messrs, Clayherg & Gunn, for Appellant The duty of the clerk toi issue the alias is not clear; nor is it an act which the law specially enjoins upon him, hence the writ of mandate is not the proper remedy. (Code of Civil Procedure, Sees. 2136, 1290, 1961.) That there are other plain, speedy and adequate remedies there can be no doubt. 26 Mont] State ex bel. Moshneb v. Wright. 541 The court has absolute control over its process and may adopt any process which may appear most conformable to the spirit • of the Cod6. (Code of Civil Procedure, Sees. 205, 110 ; Hous- ton V. Williams, 13 Cal. 24 ; Freeman on Executions, Sec 54 ; Clark V. Sawyer, 4S Cal. 133.) The writ of mandate will not lie to compel the ckrk to issue an execution. {Miller v. San- derson, 10 Cal. 490 ; Goodwin v. Glazer, 10 Cal. 333 ; Fulton V. Hanna, 40 Cal. 281; Code of Civil Procedure, Sec. 1214; People V. BartUtt, 40 Cal. 142 ; Southern Cal. Lumber Co. v. Hater Co., 94 Cal. 217; Wigginton v. Markley, 52 Cal. 411; People V. McLane, 62 Cal. 616 ; State ex rel. Sloman v. Moores, 29 Neb. 122; Pickell v. Owen, 66 lowa^ 485.) Mandamus does not lie to compel a public officer to do aji act not clearly commanded by law. {Pucket v. White, 22 Texas, 559 ; State V. County Judge, 7 Clarke (Iowa), 425; Commcnivealth v. Pittsburg, 34 Pa, St. 496.) If it is contended thati:he order of sale is now functus officio, and the criticism comes too late because of the sheriff's return, the answer is readj : "The power of courts to set aside or cancel the returns of their officers indorsed on writs of execution is conceded." , (Freeman* on Executions, Sec. 361 ; Tuit v. Fidgham, 5 How. Miss. 621 ; ,Holt v. Robinson, 21 Ala. 106 ; Scott V. Allen, 1 Tex. 508; Bryan v. Bridges, 6 Tex. 141; Wiltsie on Mortgage Foreclosure, p. 568; Kelley v. Isi'oel, 11 Paige Ch. 147.) MR. eTUSTICE MILBURN delivered the opinion of the court This is an appeal from an order granting a writ of mandate. A deoree of foreclosure of lienls, and an order of sale under the decree, were, respectively, made and issued in a number of actions which had been consolidated. The order of sale, direct- ing several pieces of property to be sold, was placed in the hands of the sheriff, which officer sold all but one certain piece of property. The order of sale was returned by the sheriff with a certificat^e that all of the property was sold, excepting 542 State ex rel. Moshneb v, Wright. [June T.'02 one piece^ upon which there was a c^tain lion. About threa years later the relator demanded of the clerk of the district court that an alias order of sale be issue^ out of his office, directing the sheriff to sell the certain piece of property to satisfy the lien upc'U it The clerk refused, and the relator prayed for a writ of mandate to issue out of the district court, diiected to tlie clerk, ordering him to issue the alias order of sale. The clerk deuiurred to the petition for the wnrit. The demurrer was overruled, and, upon his failure to answer, the district court granted the writ, whereupon the clerk appealed. The specification of errors relied upon are: First, that the court erred in overiuling the defendant's demurrer to the pe^ tition for the writ; and, second, that the court erred in grant- ing the writ of mandate. The only question necessary for us to consider is one of practice, towit, is the "writ of mandate the proper remedy? Tliere has not i)een any appearance on the part of the respond- ent in this court The question before us has not been pre- sented in this forum heretofore, but has been considered and decided by otlier courts. We have carefully considered the brief of the appellant, and the authorities which he has cited in support of his contention ; and, besides, we have examined tlio decisions and opinions contra. Had tlie respondent a plain, speedy, and adequate remedy at law, witlioait resorting to a proceeding in inandamtus? We think that he had. He could have gone into the court which made the«decroe, and, by proper motion, prayed for an order in the case upon the clerk of the court, directing him to issue the alias order of sale, without resorting to a proceeding in ^nandamus. {Fulton v. Hanna, 40 Cal. 278.) The case of Garoutte v. Haley, 104 Cal. 497, 38 Pac. 194, is one in which the court concluded that it was the duty of the clerk to issue an execution when requested by the plaintiff, and granted the application for a writ of mandamus. In this case, however," the question of whe+her or not m^ndawAis would lie was not in any wise raised or discussed; it seeming to have been tacitly 26 Mont.] State ex rel. Moshneb v. Wright. S^S- admitted by counsel that, if the judgment were still in force, mandamiLS might issue; and the case cannot be considered as being one in which the court intended to overrule its former holding that mandamus would not lie, as decided in Fulton v. Hanna, supra. Being of the opinion that, as above stated, there was a plain, speedy and adequate remedy by motion in the case in the proper court, mandamus vtslB not the proper remedy. There- fore the contention of the appellant must be, and is, sustained. Reversed and remanded. Reversed and reminded. MEMORANDA. OF DECISIONS RE^NDERED WITHOUT ^^^^^™- IONS DURING THE PERIOD EMBRACED IN THIS VOLUME. No. l,349.-GOFF, Respokdekt, v. DELMOE, Appbi^i^x. Appeal from^Disirict CouH, Silver Bow County. Decided August 26, 1901. Pee CTiBiAM.-Thi3 appeal is dismissed at the coet of the appellant, in accordance xv-ith the stipulation on file Iierein. Messrs. Clintmi cc Lamb, for Appellants. No. 1,713.— FINLEN, Appellant, v. HEINZE bt al.. Respondents. Appeal from District Court, Silver Bow County. Application for an injunction peniding th© appeal. Submitted August 29, 1901. Decided August 29, 1901. Peb Curiam.— It is ordered that all the affidavits filed m this cause, the originals of which are on file in case No. 7,980 (544) Memoranda. 545 of the District Court of Silver Bow County, be and the same are hereby stri3ken from the files, and it is further ordered that the application for an injunctiom pending the appeal be and the same is hereby denied without prejudice. (Mb. Justice Pigott concurs in the order striking out the aiHdavit in support of the motion for a. new trial, but dissents from the order denying the injunction ponding the appeal from the judgment) Order entered Februarys 10, 1902. Peb Cubiam. — irjx>n applicaticwi of tlie appellant this appeal is dismissed without prejudice to another appeal. Me8si8. Forbis & Evans, and Mr. J. K. MacDonald, for Appellant. Xo. 1,722.— STATE ex bel. REYNOLDS, Eelatob, v. JOHN C. McCLERNAN, JUDGE OF THE SEC- OND JUDICIAL DISTRICT COURT, Respondent. Application for a Writ of Prohibition. Submitted October 1, 1901. Decided October 2, 1901. Peb Cubiam. — ^Relator's application for a writ of prohibi- tioiD is denied. Mr. I. 0. Denny, and Mr, Henry C. Mogue, for Relator. Mr, James Donovan, Attorney General, for Respondent. Vol. XXVI-86 546 Memoranda. Ko. 1,661. — STATE, Respondent/ v. BEALS, Appellant. Appeal from District Courts Yellowstone County. Motion to dismiss appeal. Submitted October 4, 1901. Decided October 4, 1901. Per Curiam. — Respondent's motion to dismiss the appeal herein is granted, for the reason that the appellant has not filed his brief within the time required by Subdivisions 2 and 5 of Rule X of the Rules of this Court Mr, J, B. Herford, and Mr. C. L. Harris, for Appellant Mr. James Donovan, Attorney General, for Respondent Xo. 1,695. —STATE, Respondent, v. PRESCOTT, Appellant. Appeal from District Court, Cascade County. Decided October 7, 1901. Per Curiam. — This appeal is dismissed for the reason tiat appellant haa not filed his brief herein, in accordance with Subdivisions 2 jmd 5 of Rule X of the Rules of this Court Mr. William G. Downing, for Appellant Mr. James Donovan, Attorney General, for Reepondeot MCMOSANDA. 547 No. 1,353.— McIVOR, Respondent, v. GRIGG et al.. Appellants. Appeal from District Court, Madison County. Decided October 7, 1901. Per Curiam. — This appeal is dismissed in accordance with the stipulation on file herein. Mr. E. B. Howell, for Appellants. Mr. M. M. Duncan, for Respondent. No. 1,414.— W. A. CLARK & BRO., Respondents, v. GRAND OPERA HOUSE CO., et al.. Defendants. SILAS F. KING, Defendant and Appellant. Appeal from District Court, Silver Bow County. Motion to dismiss appeal. Decided October 9, 1901. Per CirRL^.M. — Upon motion of the appellant this appeal is dismissed at the cost of appellant Mr. J. K. MacDondd, for Appellant 548 Memoranda. No. 1,726.— STATE ex bel. MILES FINLEN, Rei^tob, v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT, Defendant. Original application for a writ of supervisory control. Decided October 10, 1901. Per Curiam. — ^Relator's application for a writ of super- visory ocxatrol herein is denied. (Mr. Justice Pigott is of the opinion that the application should be set for hearing, and therefore diss^ite from thia order.) On petition for reliearing. Decided Octiober 22, 1902. Per Curiam. — The petition for a rehearing hurein is de- nied. (Mr. Justice Milburn concurring upon the ground that the pedtioni does not state f aotB sufficiemt] to warrant the issuance of the writ prayed for. Mr. Justice Pigott is of the opinion that the application for a writ of supervisory oontiol should be heard, and therefore dissents from the order denying the motion for a reconsideration.) Messrs. Forbi'S & Evans, Mr. T. J. Walsh, and Mr. J. K. MacDorudd^ for Relator. No. 1,Y30.— STATE ex rel. THOMAS, Relator, v. GREENAN, as COUNTY CLERK OF DEER LODGE COUNTY et al.. Defendants. Original application for an alternative writ of mandate. Decided October 14, 1901. Memoranda. . 549 Pbb Curiam. — Application denied for the reason that the facts are not sufficient to warrant this court to assiune original jurisdiction. Mr. W. H. Tnppet, for Relator. No. 1,674.— CLARK et al.. Respondents, v. GRAND OP- ERA HOUSE CO. ET AL., Appellants. Appeal from District Cowt, Silver Bow County, On the application of J. O. Bender. Decided October 22, 1901. Per Curiam. — The application of J. O. Bender to be made a party defendant and appellant herein, and for a stay of pro- ceedings, is denied. (Mr. Justice Pigott dissents, being in- clined to the opinion that, upon the present showing, the appli- cation should be granted under proper limitatioins and restric- tions.) Rehearing denied N'ovember 5, 1901. On the application of A. Eustis. Decided December 3, 1901. Per Curiam. — The application of A. Eustis^ petitioner, for leave of court to appear and be heard by counsel in this cause, and for an order permitting him to give an undertaking to stay the enforcement of the judgment appealed from, having here- tofore been submitted to, and taken under advisement by, the court: Now, upon due consideration, the court being fully ad- vised in the premises, it is ordered : That the application be, 550 Memoraztda. and the same Is, hereby denied, upon the grou^nd that the peti- tioner does not appear to be a shareholder in appellant Grand Opo^ House CcMnpany, the court deenodng it unnecessary to decide the question of whether or not, if he were shown to be a shareholder, ihe other matters exhibited would entitle the petitioner to the order prayed for, the ground assigned being sufficient for the disposition of the application. J/r. Charles O'Donnell, and Mr. /. L. Wines, for Appellants. Mr. T. J. Wahh, for J. O. Bender. Xo. 1,718. — STATE ex rejl. KIXG et al., Relators, v. WILLIAM CLANCY, JUDGE, Respondent. Application for writ of review. Petition filed September 4, 1901. Writ issued September 4, 1001. Motion to quash filed September 11, 1901. Decided October 23, 1901. Per Curiam. — The motion to quash the writ heretofore issued herein is sustiiined and the proceeding is dismissed upon the ground that llie Avrit was not issued to the proper deU-ndanL Mr. E. N. Hirwoc'd, and Messrs. McBride & McBride, for Relators. Mr. C. P. Drennen, and Messrs. McEatton £ CA'^er^ ^or Respondent. Memoranda. 551 No. 1,725. -HYNES, Respondent, v. BARNES, Appellant. Appeal from District Courtj Granite County. On motion to dismiss appeal. Decided November 5, 1901. Per Curiam. — The motion to dismiss the appeal herein is sustained and the appeal is dismissed without prejudice, for the reason that the notice of appeal is defective. Mr, D. M, DurfeCj and Mr, Joshua Shull, for Appellant. Mr, George .4. May wood, for Respondent No. 1,388.— BRIGHT, Appellant, v. BURKE et al.. Respondents. Appeal from Distinct Court, Fergus County. On motion to dismiss apix?al. Decided November 21, 1001. Per Curiam. — ^Upon motion of the respoaidents this cause is Hiis day dismissed, for failure to file briefs in accordance with Subdivision 6 of Rule X of this court » Mr. William M. Blackford, and Messrs. Stranahan & Stranr aJian, for Appellant Messrs. Cort & Worden, for Respondents. 552 Memoranda. No. 1,740.— HEINZE et ai... Appellants, v. BOSTON & MONTANA CONSOL. C. & S. MINING COM- PANY, Respondent. Appeal from District Court, Silver Bow County. Injunction. Per Curiam. — The application for an injunction pnemding tho appeal is denied. Messi's. Toole & Bach, for Appellants. No. 1,402, 1,403.— LYNCH, Respondent, r. BEOHTEL, Appellant. Appeal from District Court, Silver Bow County, Decided January 2, 1902. Per Curiam. — These appeals are this day dismissed as set- tled, without cost to either par^, in accordance with the stipu- lations filed herein. Mr. John N. Kirh, and Mr, E, N, Harwood, for Appellant. No. 1,566.— NORTHERN PACIFIC RAILWAY COM- PANY, Respondent, v, NEFF, Appellant. Appeal from District Court, Deer Lodge County, On motion to dismiss appeal. Decided January 16, 1902. Memoranda. 553 Per Curiam. — Upon motion of the respondent, the appeal is dismissed iq accordance with the stipulation on file, each party paying lis or its own costs. Mr. Bernard Noon, for Appellant Mr. William Wallace, Jr., for Eespondent. No. 1,748.— THRELKELD, Respondent, v. O'NEAL, Appellant. Appeal from District Court, Deer Lodge County. (For former opinion, see ante, page 209.) On motion to dismiss appeal. Decided January 24, 1902. Per Curiam. — It is ordered and adjudged that the motion to dismiss the appeal be and the same is hereby sustained, and the appeal dismissed. Mr. J. H. Duffy, for Respondent. No. 1,781.— LANGSETH, Appellant, v. PLYMOUTH GOLD MINING COMPANY, Respondent. Appeal from District Court, Lewis & Clarice County. On motion to dismiss appeal. Decided February 24, 1902. Per Curiam, — The motion to dismiss this appeal is hereby sustaioed, and the appeal is dismissed without prejudice. Mr. S. A. Balliet, for Appellant. Xo. 1,783.— il AX TLE, Appellant, v. LARGEV, KeS PON DENT. Appeal from Disliict Court, Silver Bow County. On motion to dismiss apj)eal. Decided Eebi-uary 24, 1902. Pee Curiam. — The motion to dismiss this appeal is hereby sustained and the appeal is dismissed ^vithout prejudicei Messrs. McIIa'toi: £ Cotter, for Appellant No. 1,423— FIRST NATIONAL BANK OF BUTTE, Re- spondekt, t'. ELLINGWOOD et al.. Appellants. t Court, Silver Bow County. •a appeal. 16, 1002. motion to dismiss this appeal is hereby al is dismissed. nard, for Appellants. iiton, for Respondent. Memoranda. 556 No. 1,662.— LA VELL, Appellant, v, BOARD OF COM- MISSIONERS OF SILVER BOW COUNTY, Respondent. Appeal from District Courtj Silver Bow County. On) motion to strike, and to dismiss appeal. Decided Febniarv 28, 1902. Per Curiam. — The motion to strike is sustained in part; and the motion to dismiss the appeal is hereby sustained and the appeal is dismissed for the reason that the certificate is not in conformity with the law. Mr. Justice Pigott dissents froan the order dismissing the appeal. Mr, Raymond. M. Place, for Appellant. Mr, James Donovan, Attorney General, for Respondent. No. 1,663.— SULLIVAN, Appellant, v. BOARD OF COM- MISSIONERS OF SILVER BOW COUNTY, Respondent. Appeal from, District Court, Silver Bow County. Oni motion to strike, and to dismiss appeal. Decided Febniarv 28, 1902. Per Curiam. — The motion to strike is sustained in part; and the motion to dismiss the appeal is hereby sustained and 556 Memoranda. the appeal is dismissed for the reasooi that the ceortifieate is not in conformity with the law. Mr. Justice Pigott dissents from the order dismissing ihe appeal. Mr. Raymond M. Place, for Appellant Mr. James Donovan, Attorney General, for Respondent. No. 1,734.— In re DAY ; WILLIAM PAIGE, Appellant; EDWAED DAY, Respondent. Appeal from, District Court, Silver Bow County. On motion to dismiss appeal. Decided March 7, 1902. Per Curiam. — Upon motion of tlie appellant herein, this appeal is hereby dismissed, each party to pay his own costs, in accordance 7ith the stipulation filed herein. Mr. C. P. Connolly, for Appellant No. 1,447.— BENDER, Respondent, v. GRAND OPERA HOUSE COMPANY, Appellant. No. 1,448.— FORBIS et al.. Respondents, v. GRAND 0PER4 HOUSE COMPANY, Appellant. Appeal from DistHct Court, Silver Bow County. On motion to dismiss appeals. Memoranda. 557 Decided March 12, 1902. Pee Curiam. — Upon motion of Charles O'Donnell, Esquirs^ attorney for the appellant, these appeals are hereby dismissed. Mr. Charles O'Donnell, for Appellant- No. 1,434.— PEIRIE, Respondent, v. KELLOGG et al.. Appellants. Appeal from District Court, Silver Bow County. On motion to dismiss appeal. Decided March 12, 1902. Peb Curla.m. — The motion to dismiss this appeal is hereby sustained, and the appeal is dismissed, for the reason that ap- peUants' briefs '»v©re not filed within the time required by the Rules of this Court Mr. Charles CfDonnellj for Appellants. Messrs. McHaiton & Cotter, for Respondent No. 1,718.— In be SUTTON; STATE ex bel SUTTON, \|«\|^! Pbtitionbb, v. district COURT OF THE SEC- jgf ^^^ OND JUDICIAL DISTRICT j.^/"^ l^ ET AL.^ Defendants. Habeas curpus. Certiorari. Decided March 13, 1902. Memokanda. em . aud for writ of ,-erliorari „d for writ of .erlicrar, m ..d them,f to fte U,e Second judi.i.l d.-tric. and Wi.Ua^ «';'i^ „d by .he c„„^ .Aen ,u,de, .dvieem.n,, now, »^ ^ .Uon.aa conrt, being advised in U,e pr»«s<^ do.b W .be iudpnen. in »n,»npt of ^^^^f^^^^t^L, Wd. county, Montana, rendered on die 3d day « P j ; j^ and entered on the 4tb day of ^'^'f^'^'^'^.^Z contempt, so far as it d»lar» tl.o potiuoner, hut.«., g» 1« »^ wbollj nnau.borized and void, for U,e reason ^^f^^ ,„ S^,„L on tbe bearing of tl.e suppose. "-^'J"^^, have been committed by tbe I»"«">°<»-. . ^°"^' "1 ^,^^f before this court by the writ of cerl«m,r, m aad »* ^""^ TMea. corpus, docs no. show or tend to p.»ve h." f^'l^^^ of, and .hat no legal cause is d.o,^ for ^.e ■-P"^^"'^" Jd Sutton or tor the said judgnnmt of contempt 'S"^^ or for any par. .he,«.f. It is U.ereforo ordered and ^JU^ tint .he said judgntent of conttmp. be, and Ute same « bcreby annulled as .„ tbe said petitioner, Su.n, and tl.at be W charged from tho cvtody of ihe sheriff or S.lcvr Bo« eon J, aforesaid, and .iia. his bail be exoneru.cd. The conr. is of the opinion that tiio order, of whicb e fo- lowing is a copy: "It is further ordered Uiat 4o said dela^ ants, Uieir agents, servan.s, and employes, shall not do any ther work in fta. certain drift known as a drift from tte MW shaft or the Kubinson upraise, and .ha. thiy shall '.°""f°"^J securely timber tbe same," — which is included m the sai judgment for eontemp., and which was imposed as a pen ^ ■ r the supposed contempt is utterly null and jn that it attempte to denoanoe a penalty for ■ranted by Section 2179, Code of Criminal any other law. STioE concurs. He is fnrUier of the opinion Memoranda. 559 that the order is before the court for review under the writ of certiorari, and that it should be anjiulled entirely. Mai-ch 18, 1902. Pee Curiam. — Upon furdier consideration, and of its own motion, the court does hereby vacate and set aside its judg- ment in said cause made and entered on the 13th day of March, 1902, annulling the judgment im contempt as to the petitioner Sutton, ordering hia release and exonerating his bail, for the reason and upon the ground that the district court of the Second judicial district of the state of Montana in and for the county of Silver Bow, having jurisdiction of the subjectrmatter and of the person and to make the judgment and order sought to be reviewed on habeas corpus aided by certiorari, the su- preme court may not^ in this proceeding, determine whether the evidenice adduced and certified to in the return on certio- rari tended to prove the contempt charged or tended to support tlie finding or judgment and order, declaring the petitioner Sutton guilty ^f contempt. It is therefore ordered Uiat^ the writs of habeas corpus and ceriioraH heretofore issued herein be and the same are hereby quashed, and the proceeding be and the same is hereby dis- missed, with leave to the petitioner Sutton to apply to tho supreme court, within twenty days hereafter, for a writ of supervisory control in the matter of such supposed contempt. Mr. F. T. McBride, Mr. Robert McBride, and Mr. E. N. HarwQod, for Petitioner. (For opinion on application for writ of supervisory control, see 27 Mont p. — , 69 Pac. 988.) No. 1,810.— STATE EX bel. COLLINS, Relatob. v. DIS- TRICT COURT OF THE SECOND JUDICIAL DISTRICT ET AL., RESPONDENTa. ~ Writ of supervisory control. Decided Arpril 11, 1902. Per CuBiAU.— Relator's appUcation for a writ of auper- visory control Leredni is denied, Mr. S. C. Herron, and Mr. Charles E. Sacheti. for Relatiw. No. 1,473.— BOOTH, Respondbkt, v. McGOVERr sr ai,., AfPEZ'I'ANTS. Appeal from District Court, Silver Bow County. On motion to dismiss appeal. Decided April 15, 1902. Per Curiam. — The motion to diemise the appeal herein ii hereby austainod and the appeal is dismissed, Mr. William E. Carroll, for Appellants. Messrs. Forbis & Maliison, for Respondent Memoranda. 56i Xo. 1,446. — FRARY, Appellant^ v, DWYER, Respondent. Appeal from District Cotirt, Cascade County. (For former opinion, see ante^ page 414.) April 16, 1902. Per Curiam. — Upon the stipulation of W. S. Frary- and counsel for respondent, this appeal is dismissed, Avithout preju- dice, liowever, i> any right counsel for appellant may have in the preanises. Mr. Justice Pigott^ having been of counsel during the pendency of this cause in the district court, takes no part in tliis order. Mr. F. A. Merrill, for Appellant. Mr. T. E, Brady, for Respondent. Xo. 1,732.— In re QUINN'S ESTATE. Appeal from District Court, Silver Bow County. On motion to dismiss aippeal. Decided April 29, 1002. Per Curiam. — The motion to dismiss this appeal is hereby sustained and the appeal is dismissed. Mr. Charles O'DouncU, for Appelknt Messrs. McILiiton cf- Cotter, for Respondent. Vol. XXVI-3G 5G2 Memoeaxda. Xo. 1,S21.— Ix RE APPLICATION OF T. J. WALSH, OX BEHALF OF JOHX F. FORBIS AXD L. ORVIS EVAXS, FOR A Writ of Habeas Corpus^ And in Aid Thereof a Writ of Certiorari. Habeas carp us — Certiorari. Decided April 29, 1902. Per Curiam. — L"i)on exaiuiiiation of tlie judgment of the district court wherein* the petitioners were found guilty of con- tempt, and in ]nirsuance of which they were committed to the custody of the c^lieriff of Silver Bow county, the court finds that the same is void, in that the said judgment, being as for a contempt in tlie presence of the court, does not recite any fact sho^\4ng that a eontemi>t had. been ecinmitted : It is therefore ordered that the judgment be annulled ; that the petitioners be discharged from custody, and that their bail be exonerated. Mr. T. J, Walsh, for Petitioners. Mr. John Lindsay, for Respondent, Xo. 1,638.— BURKE, Appellaxt, v. IIAMILTOX et al.. Respondents. Appeal from District Court, Fergus County. On motion to dismiss appeal. Decidc<l Mav 14, 1902. Per Curiam. — The motion to dismiss this appeal is hereby sustained and the apjKual is dismissed. Messrs. Cort »f* ^Yorden, for Appellant Mr. F. E. Smith, for Respondents. MEMOItANDA. 563 Xo. 1,823.— BOEIILEK, Eespondent, v. HAIS^SOX et al.. Appellants. Appeal from District Court, Missovla Courtly, On motion to dismiss appeal. Decided May 15, 1902. Per Curiam. — Respondcnft's motion is granted, and the ap- peal is accordingly dismissed, for tlie reason tliat no transcript has been filed aerein. Messi'S. Duncan & Draffen, and Mr, C. B, Nolau, for Re- spondent. IN MEMORIAM. WILLIAM HEDGES DEWITT. In the Supremo Court cf the State of Montana, Thirtieth day cf December Tenn, January' 21, 1902. James Donovan, Esquire, Attorney General of the State of Montana, informed tlie court tliat Honorable William H. De Witt, a former Justice of this Court, had died suddenly at his home in the citv of Butte on Saturday afternoon at 5 o'clock — January 18, 1902, — and suggested that tlie court appoint a coniniitteo tx) draft suitable resolutions \o commemorate his life and services, and to retx)rt the same to tlie court at a time to be fixed liereaftov for that purpose. The court, adopting the suggestion of the attorney general, thereupon appointed the follo\\dng commitcee: Henry N. Blake, Esquire; Williain Y. Peml>orton, Esquire; Edwin N. Harwood, Esquire; William W. Dixon, Esquire; John J. Mc- Ilatton, Esquire; George W. Stapleton, Esquire; I. Parker Veazey, Esquire; and James Donovan, Esquira As a furtlier mark of res»pect, court was thereupon adjourned until Wednesday, Januarv^ 22, 1902, at 9:30 a. m. On February 12, 1902, the court by an order fixed February 18, 1902, as the time for the presentation of the report of the oommittee. Eiftioth day of Decend)er Term, Tuesday, Febniary 18, 1902. The committee heretofore appoint-ed to draft resolutions on the death of William Hedges DeWitt, tliis day report as follows: Afap it Please the Court: In behalf of the Committee of the Bar of the State of Montana, appointed to take appropriate action respecting Honorable William Hedges DeWitt, who (SC5) 574^ Appeal. a I <;••] a lit. i. iLr;.:i<L — Jordatt cl al. r. Andmt tt al., 37; Michcncr /. I if/tijskatn, 44. TiiL.** of Filifjjr Tr2i!iM.rii»t — Lacti€fs — Dismissal. . 5. Under S'i\|./ me Omrt Role IV. Subdivision U, an appeal will be dis- iijis«^<:^ wb^-re !ij>i^l]aDt i» guilt v of lacbes in not filinj^ tiie transcript witli lb' vierk of lb- siii»reme coort within Go days after the appeal was per- fected.— t^hfifl-i'lt v. Batktr ct al., 45- I>eft-<iive Authfr-Lti'-aiion of Transt-rlpt. 0. Wh»-r<» on t^nf&l the transcript prepared and certified by the clerk Is deffH-tlve fur lailure to comply with the rules, and appellant's counsel pre- I»:ir»» a corr^-t ^ transcript, and, instead of having the clerk certify ttiere- t'n'aii re<\|ujnd u\ Ci.de of I'ivll rrwrdure, Sec. 1739t detaches the certlticate fr<^'m the d» festive transcript and attaches It to the corrected one, without the knowledge oi authority of the eieris, such transcript cannot be con- sidf-rtd. — tih'jdrV'U v. Barker ct al., 45. Authentication of Transcript. 7. I'nder C'o<le of Civil Proceoure, Sec. 1905, and Political Code, Sec. 4CSC. providing that transcripts on appeal must be certified by the clerk, under seal, after comparison with the original files, no other method of authentication is lawful. — Shadvillc v. Barker ct al., 45- Undertaking on Appeal — Failure to File. S. Code of Civil Irocedure, Sec. 1740, providing that no appeal shall be dismissed for iusufficiency of the undertaking, if a good undertaking ap- proved by a iMsiice of the supreme court be filed before the hearing on motion to dismiss the appeal, refers only to a case where an insufficient undertaking has been filed m trial court, and does not embrace a case where no undertaking whatever has been filed within the time limited by law. — hahn v. James et al., 50. Error — Presumption. 9. An error is presumptively prejudicial to the defeated party, jind tbe presumption is rebutted only when it appears that It either was not or could not have been Injurious.— iS'f of c v. ShadKcU, 52. Error — Exception — i;-?view. 10. Errors not excepted to in the court below cannot be reviewed on ap- IJeal. — State v. nthaeliccU, 52. New Trial Order. 11. Where an order granting a new trial is silent as to the grounds on which it is bas?d. it will be affirmed, if it can be Justified on any ground on which the motion was predicated.— fiftate v. Foster, 71. New Trial Order. 12. Where there is a substantial conflict in the evidence the action of the trial court in pranting or denying an application for a new trial on Jthe ground that the evidence Is insufficient to Justify the verdict,* or that the erdlct is contrary to the evidence, will not be disturbed on appeal. — State In Memoriam. 567 At the Bar, his demeanor towards his brother lawyers was so uniformly kind, courteous and considerate that he was regarded with affection by all w^ho knew him there. His conduct in the trial of causes was a model for all young lawyers to cupy ; it endeared him to his associates and brought him success in his chosen profession. His private life was singularly pure ; he had a pure mind. He hated deceit and fraud In whatever station of life or what- ever garb discovered. His whole career was honorable, and his son has an Imperishable inheritance in the good name his father has left. Therefore, Be Jt Jiesolved: i That the Montana State Bar Association tenders to Judge DeWitt's widow and son the most sincere and heartfelt sympathy of its me.ubers in the great sorrow that has come Into their lives, and, as a mark thereof, a copy of these resolutions shall be sent to them ; and Jicaolvcdj That a copy of these resolutions be presented to the Supreme Court of the State of Montana, with the reqntst that the same may be spread upon the minutes of the court. IIexry C. Smith, H. G. MclNTIKE, M. S. GUNN, T. J. WAL.SII, Odell W. McCoxm:ll. Thereupon Thomas (\ Bach, Kt^qiiire* addressed tlie eoiirt [\^ follofws: At ay it Please the Court: It is of William II. DeWitt, the friend, the citizen, the man, in memory of whom I would say a few words. To know Judge DeWitt, to fully appreciate him, as a friend, ns a citizen, as a man, it was necessary to associate with him intimately, to I»e with him constantly, to see him and associate with him almost as one assoi'iates with and Is with the members of one's own family. Speaking impersonally, we are apt unconsciously to put our best foot fore- most, to appear to our own best advantage, not In our own families, not with those with whom ,ve associate' daily, but with those whom we meet casually, almost as strangers. To estimate the character of Judge DeWitt by such a test would be unfair to his memory, it was my pleasure to have been associated with him from December, 1S84, to August, ISSO. Much might be said concerning his char- acter as u man of family — much might be learned by most of us from a study of the life of one who could at once be always the husband and yet the com- panion of his wife, the father as well as the friend of his son, and in him as a friend, as a citizon, as a man, each of us can find an example. When I left him in 1886. as one will unconsciously do, I looked back upon my association with him, and there was no word, no one act oi his, that I would have asked him to recall ; there was an absolute and unqualified fairness in all his conduct tcward me. and I can truly say the same of his conduct toward all of those with whom our business or our friendship brought us In contact. This was due, ^ think, to his strongest trait of character, which I think was stronger In. him than in any man I ever knew, and that was his keen per- ception of duty. Speaking Impersonally, most of us prefer to do, perhaps do, that which Is right, that which is our duty to do. Some of us so doing wltn a (perhaps) unacknowledged, unconscious desire for the plaudits of others ; some of us so doing that we may gain and hold our self-coramendatlon : some of us do right, do that which it is our duty to do, when it is easy so to do, and some of us 5G8 I^' Memokiam. delight to perform that duty when It bears hard upon us. and thus arou,e the self -pride that is in us. .^ot nf «ll the men I It was not so «ith Judge DeWItt. It seems to me '^^'""l^l^^Xi [l^^t ever knew. he. most of all. was actuated to do that which -'^^ ^^'J^^' ^^^^ which it was his duty to do. merely because it was the y^^^^T/' J ^\^ %tbe« As to right and wrong, with him there seemed to be no V'^^"^'^ J^ J^f '^^ ^^,,1 would think, no.thought of what he himseif would ''''^''^ ^'''''^''^^' ^{^^^^ the consequences might be to himself or others-he «°>P»y ;^^^^^^ ."^ J' ^ct was his duty to do; and it did seem so easy for him to decide and to act^ So to act must have pained him on many occasions, because ^^'^ J^V' pain to others. In some Instances I knew that he had been '^^^J^f^^'."^ so knowing was able to right the wrong. But I am certain of one thing, tnai if ever he gave pain to his friends. It was because bis act sprang from a aui> which he owed and which he discharged. Such a life would naturally lead those who met him. as we meer . of our associates on our journey through life, to believe that he was ^^'^j unsympathetic, which is most unjust to him. Like all ^ngl o- Saxons. Mb sjm- pathy was silently expressed, by a thoughtful act. by the touch of «»« "":'• and yet his was a sympathetic nature, both In the giving and »'^^^JT"^^ j man could have been more tender than was he to me in my J'"''J''^ canuot resist giving an example of how deeply he felt any hint of kiptwess. Some time after our firm had been dissolved, lie sent to me my snare ox certain collections 'vhlch he had made of past accounts due that tirm. i - member that I wrote him my thanks, and expressed tlie wish that he w take charge of all my finances, for my good. His reply^ was ^^^^^^^''^^"^ "'. He would not have said— but ne could write It. It was: 'Dear ^ac": laa you for your kind Utter. Such letters make this journey through life less hard. May it Plcanc ihc Court: It grieves me much that, following the manner of men. I never by word to hlin expressed my appreciation of n.s character my pride in his friendship : and it is but of small comfort to me that I cannot recall any occasion when I failed to see him when I could; and I never met him but I felt the letter for the meeting. Thoreiijx)!! Janios Doiiiovaii, Es(iuire, Attorney General of tlie Stiitv of il :nta.na, addressed the court as f ollo^v^= : Ma If it Phase the •"'ourt: On the ].Sth day of .January, 1002, Honorable William H. DeWitt, an ex- Associatp .Justice of the Supreme Court of Montana, died at the city of Hutte. As Is the custom, the attention of this Honorable Court was called to his death, and a committee appointed to present suitable resolutions commemo- rating his services as a Judge of this Court, and rendering unto his memory such marks of res;)»'rt as his life as a lawyer and a Judge would merit. The Committee appointed by this Honorable Court has made Its report, and this day Is set ni)art at \vhlch to consider said report. 1 therefore, in my capacity as a lawyer, and "n my capacity as Attorney (Jeneral. on behalf of the Honor- able Court of which he was a member, more that these resolutions be adopted and spread of record In the minutes of this day's proceedings. I did not have an Intimate personal acquaintance with Ix Me MORI AM. 561) ship oft gIvi'H l)irth to, and that sometimes- maj' seem somewhat overdrawn. I do not therefore stand in i..at relation to him and liia memory wliere I can dlKc-uss minutely his perHonal worli, his personal characteristics, his personal- tits, or his personal affections. I cannot mirror his faults into virtues, if lie bad any faults. Justice DeWitt was. in my judgment, a great lawyer, but a still greater judge. It is timely and fitting on this occasion to call the attention of the Court and those who assemble here to do honor to his memory, to Ills remarlc- able career as a member of this Honorable Court. Justice DeWitt, in a special line of legal learning, viz. : Jn the mining law, and in all its intricuce phases, was perhaps better equipped than most men in the state. He, speaking for the Court, rendered an opinion in April, 1S!H>, which, in my Judgment, places him as a mining lawyer, and as an interpreter of mining law, as one of the brightest lawyers of the Northwest. In the case of King v. Amy & Silversmit'i i'onsolidattd Mining Co., which was decided at the April terra, ISOO, Justice DeWitt, speaking lor the Court, rendered an op'nion which was a new ciues- tlon, and which question had enlisted the careful attention of the best mining lawyers of the I'nlted States. He said in the course of his decision that the questions involved m that case came to the Court of this State, and to the Courts of the I'nitcd States, for the first time, and in ills efforts to reach a sound and correct '.oust ruction of Section '2li'2'2 of tlie Revised Statutes of the Cnitcd Statts. he bent the efforts of his strong and vigorous mind to a solution of that question, which, in the' judjjment of the ablest lawyers and judges of the I'nitcd Stat(s, hns never been questioned. He settled then for the first time one of the rnost intricate questions of extralateral rights. It is true that this case went to the Supreme Court of tlie United States and was re- versed and reported in the ir»L* V. S. Supreme Court Kep<»rts, Justice Kieid of the Supreme Co'irt of tne United States rendering the opinkm, concurred In by Hie oilier justices. The opinion by Justice I^Meld was not an elaborate one, but reversed :he opinion rendered by Justice DeWitt by declaring that the side lines should become the end lines of the lode without further elaboration or discussion. This case came back to the Supreme Cou't of Montana. Be- tween the hearing of the case in the Supreme Court of Montana and In the Supreme Court of ibe United States, Judge Halletl and Judge Ilawley, who are recognized amcinuf the great Judges of the mining states, followed the de- cision of the Supreme Court of Montana, even after the opinion had been rendered by the Supi-enie Court of the United States and the case reversed. In 1S().> the same (,uestlon came to the Supreme Court of Montana again in the case of Fitz;rei- ild v. Clark. Justice DeWitt wrote the opinion in that case, and In a very elaborate and exhaustive opinion he reviewed again the same question that was up in the ca.se of King v. Amy & Silversmith, and the greater portion of his argument, and liis legal conclusions in determining the case of Fitzgerald v. Clark, was based upon the conclusions that he had reached In the case of King v. Amy & Silversmith. He refers to the King v. Amy & Silversmith case as having been reversed by 'the Supreme Court of the United States, and he liad that moral courage and judicial ac<'uracy of mind to resiiect fully urge in the Fitzgerald v. Clark case that tlie Supreme (?ourt of the United States was wrong In its opinion in reversing the King v. Amy & Silversmith case. To my mind his argument, his suggestions a^^d his reason- ing in the Fitzgerald v. Clark case, was a revelation of the liighest Intellectual force. He was not li(/Id. assertive or aj^gresslve In his deductions, but he w^as clear, concise and convincing, and took up that case wltli that strength of mind and vigor that, to an impartial observer, would show the depth and breadth of his legal mind. 1 have not been able to find anywhere In tiie Investigation of cases that I have made, wliere ihe Supreme Court of the United States has been reversed by the decision of a state court, and a principle laid down by the Supreme Court of the T'nited States totalJy Ignored, and then have the same views In o"0 Ix Memoriam. tlie rn^i' reveiBlnc the SHiiromc Court of the United St»t«i afterniirds sus- tained by the Snrririiie Court of the LnltPd »tatPB. In foUuwiHB ip these cases It U Intereat'ng to know that the case o( KltZBerald v. Clark nmt to the Su[ireme Court o( the L'ulled StnteB. was sub- inlltod on Defeniliev 8. 1S117. and dei'lded May 2a. 1S08. The opinion ren- dered by Justice Brewer was as follows: "The case Is before ua on error from the Supreme Court of Montana. It la unnecessary to state Its facts In detail, ami It Is HiifflcU'nl to Bay that tlip answer given to the fourth quesllon In the opinion just flied In Del Monte Mining Co. V. Last Chance Mining Co-.pageU [of Vol, m, U. S. S. C- Rep.], compels an affirmance of the JudBment." This Is all tliRt WHS nald by Ihe Supreme Court of the Tnlted States in afflrmlnn the JudKmpnt ot nizgvr'ild v- Clark, rendered by ihc Supreme Court of llie Stale of Montana. In lui>«lns back to (he cane upon wlilcb the rase ot FItzRernId t. Clurk »«» alHrnii'il. »e llnd Hint Ihe grnund upon which this fane wa» nlMrmed wnn the sanic iivlncli.ks of law enunclnled by Justice UoWItt 'n Ihe case ot King V. .4my « HlIvi'i-RUillh Consolldaud Mining Co. This Indeed was a gr'at tribute to ihr Sut'i'ime Court of Hie State of Montana, because, had the Supreme Court <•( ilip Sl;ite ot Moutuiia. ot which Justice HeWlti was a mtmber at the time, yielded oliedlence to tlie juilament of the Supreme Court of the l.'nIKd Stall's In llie case of King v. Amy & Sllreramlih t onsoUdated Mtmne Co.. as reported In ibp 152 V. S. S. C. Reports, pajre '1-12. the property rlRbts ot Ihe miners ot this country would have HUlTered untold Injury and mlstoriune. So to me It iK'curs that It was a liolil. tenacious and conscleuuous mind, acta- ntrd by well-sclilcd couvIciIodb. that led up to the solution ot the Questions liimlvcd and wlabliihed the precedent laid drwn In the King v. Amy & Sllver- Jiiduc l.ludley, ulio Is the aulhm' of the lendlni; work on Mines and -Mln- Ina In Hie I'nlicd StnteH. In his able work. In diBcussIn?: Justice Ih-Wllfa rcKKonins and conclusions, pays him n high tribute and places him alongside iif Ilalleit and IIsA'lcy, as amonc the ablest Judges In this branch ot the lav that ll»i-e was In ,he milid Slates, tclleclunl superlodiy. 'I'hey reveal very many of ihe commendable fea ures lu Ihe Ideal Judse. 'ihey first show that Justice l>cn'ltl was a man of courage; they next show that his mental grasp was great; they neit that when he had (Irmly set his mind upon a legal proposition and had res ched a conclusion anil solullon of the qucsHon. that there no longer lingered apj doubt as to the .■■.rr.-ctncss ot his soliiilon. There is sttJI a stronger greater precept lo 1* drawn frim Ihtse casta, and that la that It takes a bold. strong mind to -ittsck the reusonlug of a superior court, even thmigl the superior court Is wr mg, ami so present the Issue that the superior court will acknowledge Its inlinke and actiulesce In the rul'ng of the lower court. Justice KeWltt .at upon the bench ot this Coui't during a period Ihe state pn8s.d ii-oni Its territorial life to Its slatehood : he was In a beginning. Many intricate questions of law were presented to nim and t «-hen other mcml>ers of ihe Court at Mils time which were settled and settled Ight, and which, as the lime passes, will be monuments lo his Integrity, exu iplw or his slron8'lute\|\|,.c.tual force, and irlbules to his Justness, fairness einlty. BDd There ace many other sides and iihases to Judge l)e«-iII-« life whic are Ibis ering was Many a lime have I seen young mea urt, Bhen Justice DeWltt was n member ley seemed to be laboring under mental r' liiat lie was almost imable tu present In Memoriam. 571 his caiiRe in a consomtive order, and Justice DeWltt, observing his embarrass- ment, would look at him with a kindly and appreciative smile that would in- spire and encourage the young man and manifest a consideration to that degree, that before h( liad well stated his case he was relieved of his embar- rassment. This to nit is one of the greatest characteristics of a judge. Many a young lawyer has been driven from the courts in despair with the sense of feeling that he was overawed or abashed by some suggestion or inquiry, or some austere look from the bench, that impressed him with his weakness to that extent that he never afterwards appeared in court without fear and trepidation. This thought can perhaps be well illustrated by a story, that is related of Chief Justice Shaw of Massachusetts. On one occasion, when Hufus Choate was at the height of his fame as a lawyer, he was passing an art studio in the city of Boston, \\hen he saw an artist on the inside putting the finishing touches on the canv'as which portrayed In the highest degree a painting of a lion. He entered ihe store and stood In anuizement gazing at the ttgure, and for a moment he was lost in admiration of the figure. One of nis companions passing the store, ^aw him, entered the store, and accosted him as follows: Mr. Choate, what jire you doing here?" Choate pointed to the figure and said: "I am admiring that figure." Ills friend said: "What Is tnere about that that so attracts your attention V" He said: I was observing what a mag- nificent likeness It v.as of our Chief Justice Shaw.' The Impression had been made upon Choate l)y the severe countenance of the chief justice that he repre- sented the lion's face. I can truthfully say, and I think without exaggeration, that If I would carry the picture to completeness, that I could say of the late Justice DeWltt that he had a visage and countenance and smile as pleasant as a lamb: he was as gentle ns a mother: he was as forbearing as a father, and he was as kind and affectionate as a brother. It Is the mental characteristics of men In all walks of life that are trans- mitted from gener.itlon to generation. When we think of the great men that have lived and aclileved greatness, either in our own profession or of that in any other walk in life, we judge of them only by the Intellectual force or impress that they made upon the age in which they lived, and the truthful presentation of It that has been made to posterity. Very lew men now know, nnless they are stuvlents of detail, whether Napoleon was a man of six feet and ponderous frame, or whether he was a man of insignificant figure ; whether he rode his white horse well or III ; whether he had any impediment of speech or deformity of fignie. The world cares nothing about these things. He Is known and known (uly by the tremendous force of his genius. So it is of Marshall, and so it Is with the great Judges of ancient and modern times. The present Supreme Court of the United States Is known as to their physical make-up, only to those who have had the pleasure and the honor of appearing before them. We measure Chief Justice Fuller, Justice Harlan. Justice (iray, Justice Brewer, and all the other Justices of that court, from the product of their intellectual grnsp, rather than from any other pha.se of their existence. So it will be with the late lamented Justice DeWltt. He will be known and honored, and his memory revered by the bar of Montana, because of his Intel- lectual superiority and his splendid manhood. Justice DeWltt ought not to have died thus early In life. P'rom what I know of him and have heard from bis intimate associates and companions, he was a man of the most exemplary habits. He had no shortcomings or weak- nesses or dissipations, but he lived the life of a student and scholar and hon- orable citizen : and it might be fitting upon this occasion to say that the best years of his Intellectual life were rapidly hurried to their close by the arduous and overworked energies that he displayed while a member of this Court. We ought to take lesson, — this Court yught to take lesson, and take warning from his early taking off, so that they may not overtax their physical and intel- lectual energies to tliat degree that they, too, may prematurely be called to make up their account. There is no cla.ss of labor in the world that taxes the 580 Appeai- tnjunctlon onl.^r during tbe pendliiK of ao api Injunction — Appeal — M odlfl pal lun— Supreme Court. or vaeatlng a i crpi bracing It. — ilaionry cl al. t. Kinv cl al., 4U2. Mandator; Injunction — Appeal— Ktaj'. .14. ("nUer 8e?lion 173,? of the Code of Civil FrocMure, a mandatory In- Juncllon l> stayi^ by perfecting an apijeol from ihe decree.^ — Ualoney ft al. V. King el al., 4»2. r«rpetnat Injnnctlon— Appeal — Slay. .'.o. The obJeciUn thai a decree granllng a perpetiinl injunction IB TOld, as not being -vUhln the igguea, will not be considered on a motion lo Hlay the Injunction during the pendency of the appeal. — J/'ilonij/ ct rt v. KiBff et al., 4n2. Anpesl — Time for Taking— I )lBmisea). 5fl. An appeal from a Judgment of tbe district court, rendered on an appeal from an Inferior court, not taken within ninety dnys after entry ot the Judgment. i)8 requlrfd by t'ode o( Civil Proi'ednre, Sec. 17^3, Hobd. 2. la too late and ulll be dismlsaed.— irarrctt v. Jliimlilc cl al.. 490. Appeal— Time — Order Denying New Trial. 57. Under Co,le of Clvli Procedure. Sec. 1723. Subd. 2, as amended by LawB of ISOD. p 147, providing that an appeal may be taken ntthln ninety days from a Judgment of tbe district court rendered on an appeal from ftn Inferior court, an appeal taken more than ninety days after the entry of Bucb Jfldgment will be dlsmlBsed for want of Jurisdiction. — CAorlc* ScftOH- lein Paint Co. v. f'mimorc, EOO. Itevlew on Appeal fram Order Denying New Trial. 58. Under Code of Civil Pro<edure, Sec. 1170, declaring a new trial to be a re-eiamlnadon of an Issue ot fact In the same court after a trial and dPcUlon, and Section 1171, Subd. 7, authorizing a new trial (or an error of lav occurring at (he trial, duly eicepted to and miterlaily alTecOng the aubfltflnllal rights of the moving party, tbe point that the complaint falls to Slate facts HulBcient to conatltue a cause ot action, made by demurrer. which waa overruled before tbe trial, and not renewed or olbervrlae pre- sented at the trial, cannot be considered on an appeal from an order deny- ing a new trial.— ch.irlrg SdiaiiUtn Paint Co. v. Paiamore, 500. inying New Trial— Krror Without Prejudice. ru. [■lions r» Sch, cLa'i lid not rly did In Palnl be 1 -eversed becai /. PM«more, Judlce 50O. -■ ICTldeni .^Ke view. th, t will ough t not reverse an order of the lie evidence, as It appears in ct, since the weight ot tbe ev ■ dlstrl Idence was to INDEX. ACTKSSOKIKS AND ACCOMPLICKS. See Criminal Law, 20, 21, 25. AFFIDAVITS. Scandalous and Contemptuous Affidavits. Obiter: When matters contained in a pleading or affidavit are pertinent and must be alleged therein in order to have the judgment of the court upon the rights of the parties thereon, even though such matters reflect upon the court or a party, they may not be characterized as scandalous and stricken out by the court. — i^tate ex rel. Finlen v. DisU-ict Court, 372. AGENCY. See Pbixcipal and Agent. APPEAL. See Rules of Supbeme Coubt. Criminal Law — Verdict — Conflicting Evidence. 1. A verdict In a criminal prosecution, based on conflicting evidence, will not be disturbed on appeal. — State v. Ford, 1. Disputed Questions of Fact — Credibility of Witnesses. 2. Disputed questions of fact and the credibility of witnesses will not be considered on appeal. — State v. Howell, 3. Erroneous Instruction — Presumption. 3. An erroneous instruction is presumptively prejudicial. — State v. John- son, 0. Transcripts — Printing — Constitutional Law. 4. Under Constitution, Art. VIII, Sees. 2, 3, 15, giving the supreme court appellate jurisdiction of all cases in law and equity, subject to such limitations and regulations as may be prescribed by law, and giving the legislature power to prescribe regulations and limitations, and declar- that writs of error and appeals shall be allowed from the decisions of the district court to the supreme court, under such regulations as may he prescribed by law, the legislature had no power to regulate the physical form of the pleadings and Instruments to be filed with the supreme cdurt ; and the Act of March 9, inoi, known as "Senate Bill 101," providing that transcripts on appeal mny be printed or typewritten, at the election of the (573) Banks and Basking. ro'V at Jaw who. bitvlng Ijeen ^inploj-ed lo collect cialma ■TT^'..tiiinD. ralselT reprreenled lo bis clients aclornei lo Uet ;".r.ui..n was settling un a basU ot rs per tent. <mlj, and that i.un lii per ront. as his fw. aad obcalned autborlir to aellle a«, iind ulio. notwllbsiacdlDg. collected 75 per cent on one I iMT cent, on anotber. and Iiinied over to tlie attomej In (o"t '■ent. of each claim, and afterwarda permitted Jndgment to go o;r derauli for the baloDoe, taklog no atcpa lo have it set iiillj of malpractice and deceit as an attorney, and liable to innent — rrlmln.il eedln(n<. the Insilttitlon and comliialon o( a criminal med Is not atnafK essential aa a prerequisite to an HANKS AM> RANKIXi;. la and Noi.-x (Juiranty— rersons Itoiind. 1. Wlipre, In an ncilon on a eunlraci whereby Ihe record slockboldera ol n iMnh cuaranii'ed the payment or notes, the ledger of the bank showed dpfendanl-H name aa a HKickholdpr. and It appeared that he and another I'xeeuted the ,-^n'iHct of giiaranlj- on liehalt of themselvea and other stock- liAlders. the .-.iii:-( was Jnstltied In llndlnK that defendant was a record KHiehholder r for tile ledger Itself was prl<na favU- evidence of that tact. [■•■ciiilrlnK defendniu to i-ebiit the aatne.—tllanf'ird v. Curam, :;».-.. hich provides Hint the bolder may renew the notes wltb- r knowledKe of the guarantors, tbouuh contemplating that Ibp notes the accrued Interest, If not paid, shall either the iHincljial or an Independent obligation drawing In- ' as an antecedent agreement for the payment of com- infm-a V. Coram, 2S.V nt by I'rlncljial Debtor. utcd ItH note (o a bank. Us creditor, and deposited a [liial debtor ns collateral, who was also a debtor on a ilie company's note was aaslgned to plafutltT under a t by the stockholders of the bank. The collateral was plalntllT. and Its existence was unknowa to him. A nk. Willie ac Ihe note to the bunk, and the remalader was endorsed [ no credit was made on the company's note asslsii^ hilt plaintiff was not itiiimd by the knowledge of Its If for (he mlsapjiroprlailon of (he collateral note; IM "f ItB existence, except through the knowlefige of his i"t lie Imimtrd to blm In a trenBflctlon In wblch tne 'C 11 li:s aijcut. but nnliigonlillc to lilm. -Sfan/ord Certiorari. 583 Bills and Notes — Gnnranty 4. A principal debtor executed bis note to bis creditor, a bank, and tbe latter assigned tbe same to plaintiff bank, under a guaranty by tbe stock- holders of the payee to pay it. Tbe note was thereafter renewed and made payable to the cashier of plaintiff, and indorsed to plaintitT, and carried as bills receivaole. The original note was secured by real estate and chattel mortgages. The renewal note was secured by a real estate mortgage executed to plaintiff's cashier. Plaintiff's records did not disclose the existence of the mortgage. The cashier accepted as payment of the note a conveyance to him of the mortgaged property, and canceled the note and delivered it to the principal debtor, 'ihe cashier executed his own note to plaintiff for the amount of tbe debt, which note was credited against the debtor's note as payment, and was treated as an asset of plaintiff. The cashier informed plaintiff's vice president that he* was going to take the debtor's property in payment of the note. The vice president knew of the cashier's note, tiiough he claimed to have no knowledge of the mortgages securing tbe principal dtbtor's note. IMaintlff did rot object to, nor repu- diate the caKhIt"r'3 acts, 'ihe original payee went out of business, and plaintiff's cashier had charge of the settlement of its affairs, but was not authorized to ect In any capacity for its individual stockholders. I'lalntltt did not offer to leturn to the cashier his note. No demand was made upon the debtor for tbe payment of the note after its surrender to him. Held, that tbe evidence showed that the debtor's note was paid and discharged by the conveyance of the real estate to plaintiff's cashier, and hence the guarantying sto.»kholders were discharged from liability. — Stanford v. Co- ram, 1285. BILL OF EXCKPTIONS. See Appeal, 37, 42, 44, 45. New Trial, 9, 11. BRIKKS. See RULE.S of Stpkeme Cockt. BURDKN OF PROOF. See Physicians and Surgeons, 2. Tenancy in Common, 4. New Trial, 12. Ne<;ligence, 1. CERTIORARI. Application — Affidavit. 1. 'Where an affidavit applying for a writ of review does not set forth a copy of the order complained of, as required by Rule II of the Supreme Court, nor state any reason for such noncompliance, the application will be denied. — State ex rcl. Healy v. District Court j 221. To Whom Writ to be Directed. 2. Where the order sought to be annulled by certiorari was made by the district court and not by its Judge, a writ directed to Its judge will be quashed, upon motion. — State ex rcl. Ilcalij v. District Court, 224. 584 CoxsriTunoK. Dismliii^al — Cost* — l.'oiitempt. 3. Unler the proTisioD« of the Code of CiT.l Procedufc. on I lie dismissal, at cost of relator, of a writ of review to reriew an order In a contempt pr<K'eidlng, su'-h procftdin^ (King special, defendant is entitled to the fee paid by him for the judf;m<nt and mlnate entries Included in Ma return, and also for :he expense of making the transcript, excepting certain pages consisting mpn'Iy of recitals by defendant- — i^tnte ex nl. Hcaiy v. District Court, 224. Contempt — Review. 4. On certiorari issued in aid of a writ of habeas €-orpu« to secure the release of one <-oromlttcd for violation of a restrainini; order, the remedy by certiorari only ruthorizes the court to determine that the lower court liad jurisdiction of the ftubject-matter and of the parties, and that it regularly pursued its authority, and does not authorize an examination of the suffi- ciency of the evidence. — In re Petition of Boyle, 365. Costs. o. Where, on habeas corpuM, and crrtittrari in aid thereof to review an order of commiiment in a contempt proceeding, relator asked that the evi- dence be certified up. defendant, on dismissal at the cost of relator, is en- titled to costs for the expense of transcribing the evidence into longhand. — In re Petition of Bojfle, 365. Administrator — Party in interest Aggrieved. 6. The administrator, in his private capacity, was not a party in interest aggrieved by rhe order requiring him to turn over the propert5', and could not bring certiorari to have It reviewed. — State ex rel. Barker v. District Court, 3C9. Administration— Orrler of I'artial Distribution. 7. Certiorari^ \\\\ not be granted to review an order for the partial dis- tribution of the 1 state cf a decedent, since there Is pu appeal from such order— ^7a/c t\r %cL Lcyaon v. District Court, 378. CLERKS OF DISTRICT COURTS. Receipt of Money In I'ayment of Judgments. It is no part of the duty of the clerk of the district court to receive money In payment of judgments entered in the records of the court of which he is an officer. — Matuscvitz v. Hughes, 212. CONSTITl'TIOX. List of Sections Cited or Commented Upon. Article III, Section 7 15 Article III, Section 10. . 161 Article III, Section 15. . 475 Article IV, Section 1 39 Article V. Section 30. . 36 Article V. Section 39 V20' 521 Article VII. Section 20. . '^ t\\2 1]]]^ ^^^^- 2... ■;;..•;•;... v.;. v.v.v.v;;;;.v.;.v.v.'.V.39: sS Arte le \ III, Section 3 ..« 491 535 Article VIII. Section 11 WV.W.V.V.V/ / V. ... 534 Constitution. 585 Article VUI, Section 15 ao Article XI. Seciion 4 85 Article XI, Section 11 60 Article XI. Section 12 65 Article XIM, Section 5 42JI, 431 Article XIII, Section 6 472 Article XVI, Section 5 392 Article XVI. Section 6 392 Article XVII, Section 2 65 Ordinance I, Subdivision 7 64 Information — Verlfloatlon. 1. I'nder Constitntlon, Art. Ill, Sec. 7, and the provislona of the Penal Code of 1805, a warrant may issue on an Information tiled by the county attornej' by leave of court on a motion In writing not verified, and the information verilied only on information and belief. — State v. Sfiafvr, 11. I'ublic Printing. 2. Advertisements for proposals to furnish supplies are not public print- ing within the language or spirit of Section 30, Art. V, of the Constitu- tion.— i^tale ex tcl. Robert Mitchell Furniture Co. v. To(.le et al., 22. Advertising for Pronosals for Supplies for the State. 3. Political Cede, Sec. 705, declares that, before any contract for the furnishing of supplies to the state Is let, the state furnishing board mnst advertise for proposals for 20 days In two dally newspapers printed In the state. Constitution, Art. V, Sec. 30, ordains that all printing for the state shall be performed under contract to be given to the lowest responsible bidder. Held, that w^here an advertisement for proposals for the furnishing of supplies was not made In compliance with Section 705, but was made only In a new^3paper which had the contract for the public printing, and a contention that the publication was lawful because the advertisement was public printing w^as without merit. — State ex rth Robert Mitchell Fur- niture Co. V. 7'oo/e et al., 22. Supreme Court— Printed Transcripts. 4. Under Constitution, Art. VIII, Sees. 2, 3, 15, giving the supreme court {ippellate Jurisdiction of all cases In law and equity, subject to such limita- tions and regulations as may be prescribed by law, and giving the legis- lature power to prescribe regulations and limitations, and declaring that writs of error ami appeals shall be allowed from the decisions of the dis- trict court to the supreme court, under such regulations as may be pre- scribed by law. the legislature had no power to regulate the physical form of the pleadlns?s and Instruments to be filed with the supreme court ; and the Act of March 9, 1901, known as "Senate Bill 101," providing that transcripts on ftppeal may be printed or typewritten, at the election of the appellant. Is invalid. — Jordan et al. v. Antlruit et al.. 37; Michcner v. Franaham, 44. State Agricultural College — Disbursement of Income. 5. The funds fnd income derived from the grant were trust funds, to be disbursed through the agency of the state, and were not subject to Consti- tution. Art. VII, Sec. 20, providing that claims against the state other than for the salary or compensation of a public officer should be audited and allowed by the st^te board of examiners, and paid only on the w^arrant of the state auditor. — State ex rel. Koch v. Rarrct, 62. 586 Contempt. Gambling-- riass Legislation. C- Conceding tliat I^ws of 19ul, p. 16G, Sec. 1, punishes proprietors ot gamt's of cb:in-e. while patrons of the game enjoj- immunity, U is not unc-oDstiiuiional as class legislation, no exception being made of the per- sons who fall within its operation. — Hiatc v. Woodman, 348. Count I»s-Indtbiedntrs — Submission of Question to Electors— Form of Ballots. 7. Constitution, Art. XIII. Sec. .1, prohibits any county from Incurring any indfbtMln^ss lor any single purpose, exceeding $10,0ou, without the ap- ' proval of a majoriiy of the electors voting at an election to be provided by law. roliti al Ct-de, Sw. 4127U, authorizes the county commissioners to Rubmii such .lU stion to ' vote. Section 4272 provides for the giving of n<nicp <»f hUih election, and provides that the election shall be in the nianuer pr^sc rlbod by law in regard to the submission of questions under the jienrral ^leriiim law. Section 4273 only requires that there shall be printtd on the ^allots the ^ords For the Loan" and "Against the Loan.* liiUJ. that ball. us so printed in such. an election were sufficient, without furtlior spfcifviug the purpose and nature of the proposed loan, as re- lit hal Code. Sec. 1354, requiring questions to be voted on to be presented to tljr people in such a manner as to enable them to vote thereon in the manlier provhU-d in the title in which the section is found does not apply thereto.— 7 \|>}/.<Z v. Griffin, 42G. Counties— ludtbteilnss — Submission of Question to Electors — Majority Uequired. S. Constitution, Art. XIII. Sec. ."#, prohibits counties from contracting an iudobttdn«s.s '^x rrding $H),(K)0, for any purpose, without the approval of a majority of ihe ele<tors voting at elections to be provided by law. Po- litical Code, S»c. 4270, authorizes the county commissioners to submit such ipit^stion to vote. //cW/that a favorable majority of all the votes cast on the question of incurring the indebtedness, at a general election at which the question is submitted. Is sufficient to authorize the Indebtedness, though such majority is not a majority of all the electors voting at such election. — Tin feci V. Griffin, 426. Taxation — Statute of Limitations. I). Compilfd Statutes of 1.SS7, First Division, Section 42, Subillvlsion 12, as amended by Laws of 1803, page 50, and Code of Civil l»rocedure Of 1SI)5. Section 52t>, are not in conflict with Constitution. Art. V, Section 3l>. — Board itf Count if Commissionvrs of Custrr Co. v. Slorif, 517. CONTEMPT. Certiorari — Costs. 1. Cnder the i>rovisi<ms of the (^ode of Civil Procedure, on the dismissal, at erst of relat.ir, of a writ of review to review an order In a contempt proceeding, such proceeding being special, defendant Is entitled to the fee paid by hlra for the judgment and minute entries included in his return, and also for the expense of making the transcript, excepting certain pages consisting mer?ly of recitals bv defendant." — ;S7«f<' vx rcL Healy v. District Court, 224. Cert iorari — Review. -On cvriiornri Issued In aid of a writ of habeas cftrpus to secure the release of one committed for violation of a restraining order, the remedy by f-n iorari only r-uthorizes the court to determine that the lower court had Corporations. 587 jurisdiction of the subject-matter and of the parties, and that it regularly pursued Its authority, and does not authorize an examination of the suffi- ciency of the evidence. — In re Petition of Boyle 365. CONTINUANCK. Refusal — Absence of Defendant. It is not error for the court to deny a motion for a continuace on account of the absence of the dcfendanat, where the defendant falls to show dili- gence.— Whalcn c1 al. v. Harrison, 316. t'ONTKACTS. . I'ubllc Contracts — Ualon Labor. 1. A contract entered into by the acceptance of a bid for public work, tendered pursuant to an advertisement limiting the right to bid to persona employing, or who will In the future employ, union labor only, is void. — State ex rel. Robert Mitchell Furniture Co. v. Toole ct al., 22. Public Contracts. 2. An absolutely void contract cannot be made valid by tne failure of public officers to object to It upon the proper ground. — Utatc ex rel. Robert Mitchell Furniture Co. v. Toole et al.\ 22. Public Contracts — Advertising for Bids. 3. Where advertising for bids is a statutory requirement, neither the municipality uor its agents can make a contract binding upon it without compliance with the formalities so prescribed. — Utatc ex rel. Robert Mitchell Furniture Co. v. Toole ct al., 22. Public Contracts — Advertising for Rids. 4. Political Code, Sec. 705, declares that, before any contract for the furnishing of supplies to tne state is let. the state furnishing board must advertise for proposals for 20 days in two daily newspapers printed in the state. Constitution, Art. V, Sec. 30, ordains that all printing for the state shall be performed under contract to be given to the lowest responsible - bidder. Held, that where an advertisement for proposals for the furnishing of supplies was not made in compliance with Section 705, but was made only in a new^spaper which had the contract for the public printing, and a contention that the publication was lawful because the advertisement was public printing was without merit. — Htate ex rel. Robert MitcJieU Fur^ 7iiturc Co. V. Toole et al.^ 22. Against Public Policy. 5. Where bidders for a school building, after the rejection of their sepa- rate bids and consultation with the members of the board, agree to reduce their bids, and that in consideration of a bonus part of the bidders would let another have the contract for furnishing stone, pursuant to which they procure the contract without readvertisement, such agreement is void, as against public policy, and aflFords no basis for an action by one of such bidders against the other. — Vi'halcn ct al. v. Harrison, 310. CORPORATIONS. See MiXKS and Mining, 1, 2. lRiNcirAi, AND Agent, 3, 4. 588 Criminal Law. • coi'ntiks. As to ludebtcdness of counties, see Ccjnstitvtion, 7, 8. COl NTY ATTORNEY, rrosectlons for Crime — Change of Venue. 3. Where a ciiminal cause Is removed to another county, the coonty attorney of the county to which the cause is removed must prosecute it. tit ate V. Whiticorth, 107. Prosecutions — Appointment of -I'ounsel to Assist County Attorney. 2. Political Code, Sees. 4318, 4310, providing that county officers, except county commissioners and justices of the peace, may appoint necessary deputies for the prompt discharge of the duties of the office, have no appli- cation to the appointment by the court of counsel to assist a county attor- ney in prosecuting persons charged with crime. — State v. Whittcorth, 107. Prosecutions — -\ppointment of Counsel to Assist County Attorney. 3. The statutes declaring who shall be charged with the duty of prose- cuting persons charged witli crime does not exclude power in the court to appoint counsel from members of the bar to assist in the prosecution. State v. Whiticorth, 107. COUNTY AUDITOR. Creation of Office — Statutes — Repeal. The office of county auditor in counties below the third class was abolished by Act of March 18, 1895 (Political Code, Sec. 4312), which amended the original Code Section 21)22, and repealed in part Section 1 of the Act of March 7, 1891 (Political Code, Sec. 4560), hence Missoula coupty was not entitled to elect an auditor in 1898. — State ex rel MnOinnisa v. Diekinaon, 391. CRIMINAL LAW. Appeal —Verdict — Review. 1. A verdict In n criminal prosectlon, based on conflicting evidence, will nat be disturbed on appeal. — State v. Ford, 1. / Instruction — I'resumptlon of Innocence. 2. The defendant in a criminal case Is always entitled to have the Jury take into consideration the presumption of Innocence which the law tlirows about him ; it ;o therefore the duty of the court to submit proper Instruc- tions upon this Bubject as a substantive part of the law. — State v. Howell, 3. Instruction— Jurorrj Individual Duty. 3. The refusal if the court In a criminal case to charge that each Juror should act upon bis own judgment, and should not surrender his ow^n con- viction, unless convinced, and that while he should discuss the evidence, and be open to conviction by argument, he should not surrender bis con- /M» °T^ merely because the majority were against him. was not error. K^m. JUSTICE MiLBviis disscntlng. )—&7arc v. Jlotcelh 3. Criminal Law. 589 Robbery — Instruction. 4. Und«ir»Ienal Cede, Bee. 300, defining robbery as the felonious taking of personal property In the possession of nnother from his person or imme- diate presence, and against his will, "accomplished" by means of force or fear, an instruction defining robbery in the same terms, except using the word "accomp:i»Iod," is reversible error. — tit ate v. Johnson, 1). Homicide — Kvldence — Rea Gestae. m 5. In a trial for homicide occurring in a saloon a few hours after a con- flict between def.^ndant and deceased at another place, evidence of such conflict waa admissible to show motive, though not part of the res gestae and incidentally tending directly to establish against the defendant an- other and distinct oflFense, — where the cause and details are excluded, and the court expressly confines the Jury in their consideration of such evidence to the question whether It showed malice in the defendant at the time of the homicide. — State v. Hhafer, 11. Murder — Degrees — Instruction. 6. Where the f-vidence would warrant a verdict of guilty of any grade of unlawful homicide or of acquittal, it is error for the court to give to the Jury simply ihe statutory definitions of murder, murder of the first and second degrees, of manslaughter, and of Justifiable homicide, without any further declaration of the distinction between murder of the first and second degrees than is contained In the statute. — State v. Shafer, 11. Homicide — Self- Defense — Threats — Instruction. 7. Where, on a trial for murder, in .which the accused pleaded self- defense, it was shown that the deceased had previously threatened the accused, an instruction directing the Jury to disregard such prior threats unless the accused at the time of the killing was actually assailed, or be- lieved he was m great bodily danger, was erroneous. — State v. Shadicell, 5'i. Homicide — Self- Defense — Threats — Instruction. 8. On a prosecution for murder, where the defendant pleaded self-defense, the court instructed that threats by the deceased against the defendant should not be considered unless the defendant was actually assailed, or be- lieved he w^as in great bodily danger. This instruction was followed by another, authorizing the consideration of any threats the deceased may have made against the defendant, to enable the Jury to determine defend- ant's acts or the deceased's motives. Held, that the instructions were conflicting, and constituted reversible error. — State v. ShadiceU, 52. Homicide — Manslaughter — Instruction. 0. Where there was evidence tending to show defendant guilty of murder in the first degree, of murder in the second degree, and of manslaughter, it is the duty o' the court to instruct explicitly that a verdict for man- slaughter may be returned, manslaughter not being a degree of murder. — State V. Shddiccll, 52. Manslaughter — Self-Defense — Instruction. 10. The fact that the accused endeavored to show that the killing wis done In self-defease does not render an instruction authorizing a conviction of manslaughter unnecessary. — State v. Shadicvllj 52. 590 Criminal Law. Murder — Trial — Evidence. 11. On a second trial for murder It was not error to read the testimony of a deceased witness, including an erroneous ruling of the court on tHe evidence, where no olijection to the reading of the luiing was raised at the time.— ^7a^e v. Shadtrell, 52. Larceny — Evidence. 12. On a prosecution for grand larceny, that accused and others were fol- lowing the itiiif paries Of political speakers under a conspiracy to commit larceny, and that at a political gathering the prosecuting witness carried his purse in his left hand in his pocket, and, while In a crowd, feeling a tugging at his loft arm, recognized accused and an associate standing at his left, and aft?r going a distance of three blocks he discovered his purse was missing, is insuliicient to justify a conviction of accused for the par- ticular larceny. -S7a/e v. Foster^ 71. Prosecutions — Appoiniraent of Counsel to Assist County Attorney. 13. I»oliticnl Code, Sees. 4aiH, 4319, providing that county officers, except county comml.^sioners and justices of the peace, may appoint necessary deputies for the prompt discharge of the duties of the oflBces, have no appli- cation to the appointment by the court of counsel to assist a county attor- ney in prosecuting persons charged with crime. — State v. Whitirorth, 107. Change of Venue — County Attorney. 14. Where a criminal cause Is removed to another cojnty, the attorney of the county to which the cause is removed must prosecute It. — State v. Wliittcorth, 107. Prosecutions — Appointment of Counsel to Assist County Attorney. 15. The .statu'^ps declaring who shall be charged w^Ith the duty of prose- cuting poisons charged with crime does not exclude power in the court to appoint counsel from members of the bar to assist In the prosecution.- - State V. Whitirorth, 107. Murder— P:vldence- Threats —Instruction. 16. In trial fop murder It appeared that deceased had threatened to kill "any Mis.sourian in the employ of V. who undertook to move hay on lllgh Tower ranch, ' and had made other threats against Missourians so em- ployed, and that defendant was a Missourlan, and employed on said ranch ; but the evidence also showed that at the time defendant struck the fatal blow he was not In immediate danger, but that he went up to deceased, who was stanaing in a threatening attitude over a friend of defendant, who was not shown to be a Missourlan, and who was on top of, and was fighting with, a friend of the deceased. Held, that it was not error to refuse to instruot that the jury should take such threats Into consideration In determining the nature of the attack made on defendant's friend, and what was the purpose of deceased and his friend In making such attack. — State v. Whitwnrth, 107. Perjury— Preliminary Examination. trate h Preliminary examination for perjury before a committing ma^s- was ftw 7 ^^^ decree in the cause In which the alleged false testimony consider!^ fi ""^^^"^^ ^^ evidence, but the Judgment roll Is not admitted or material to ^^'^^^<e fails to show that the alleged false testimony was State r:r ^^i'^^,^ '^"® ° ^^® ^"«®' ^<^ t^^e party cannot be held for trial. — ^ate ex rel. Donovan v. District Court, 275. Criminal Law. 691 Perjury — Ilabvas Cor/jus. 18. On hahcas corpus to secure the discharge of a prisoner held for per- jury, where the petition avers that the transcript of the evidence in the case In which tliC alleged false testimony was given contains all the evi- dence, and the prosecuting attorney does not controvert such allegation, but the transciMpt does not show that the judgment roll was admitted or considered, the court will assume that it was not received, and therefore will grant the \Mlt. — State ex rel. Donovan v. District Court, 27o. Homicide — Accompll-.-o — lividence. ]0. Where a witness in a homicide case, who is impeachable as an accom- plice, details certain incriminating statements made by the defendant before the commission o the crime, and states tliat he repeated the conversations to others, his testimony as to when he did so is relevant and admissible on behalf of the Ftate as introductory of evidence which may be adduced to show whether the witness was an accomplice. — State v. Doison, SO."). Principals and Accessories. 20. The distinction recognized by the common law between principals and accessories before the fact is, by Penal Code, Sec. 41, abolished in Mon- tana.— State v. hotsojij 305. Principals and Accessories. 21. Kvldence reviewed and held sufficient to establish the fact that de- fendant— though not in person present when deceased was murdered — ad- vised and encouraged the commission of the murder, and hence sufficient to render the dciendnnt a principal under Penal Code, Sec. 41. — State v. Dot son, liOo. Evidence of (onspirator. 22. Evidence of the act or declaration of a conspirator which relates to the conspiracy mi y, after proof of the conspiracy, be given against his co- conspirator.— St 'lie V. Dot son J 305. Circumstantial Evidence — Instruction. 23. An instruction requested by defendant, that, to warrant a verdict on a criminal charge on circumstantial evidence alone, the circmstances must be such as to i)roduce "nearly" the same degree of certainty as that which arises from dirjit testimony, and sufficient to exclude all reasonable doubt of guilt, Is bad, in being qualified by th« word "nearly," and ia properly refused. — State v. Dotson, 305. Credibility of Defendant's Testimony — Instruction. 24. Section 2442 of the I'enal Code provides that the jury in judging of the defendant's credibility and the weight to b« given to his testimony may take Into consideration the fact that he is the defendant, and the nature and enormity of the crime of which he Is accused. Held, that an instruction giving Section 2442, but which uses the word "must" in place of the statutory word "may," Is not erroneous, even though Section 2442 of the Penal <;ode of 1895 changed the word "shall" of the theretofore existing law to ' may." — State v. Dot son, 305. Corroboration of Testimony of Accomplice. 25. Under Penil Code, Sec. 2089, providing that a conviction cannot be had on an accomplice's testimony unless he is corroborated by other evi- 684 CoNsriTUTiON. Dismissal — Costs — Contempt. 3. Under the provisions of the Code of ClTil Procedure, on the dismissal, at cost of relator, of a writ of review to review an order In a contempt proceeding, such proceeding being special, defendant Is entitled to the fee paid by him for the judgment and minute entries Included In his return, and also for The expense of making the transcript, excepting certain pages consisting merely of recitals by defendant. — /State ex rel. HecUy v. District Court, 224. Contempt — Review. 4. On certiorari issued in aid of a writ of habeas corpus to secure the release of one committed for violation of a restraining order, the remedy by certiorari only authorizes the court to determine that the lower court had Jurisdiction of the Subject-matter and of the parties, and that it regularly pursued its authority, and does not authorize an examination of the eufli- clency of the evidence. — In re Petition of Boyle, 365. Costs. 5. Where, on habeas corpus, and certiorari In aid thereof to review an order of commitment in a contempt proceeding, relator naked that the evi- dence be certifl'jd up, defendant, on dismissal at the cost of relator, is en- titled to costs for the expense of transcribing the evidence into longhand. — In re Petition of Boyle, 365. Administrator — Party in Interest Aggrieved. 6. The administrator, in his private capacity, was not a party in interest aggrieved by rhe order requiring hira to turn over the property, and could not bring certiorari to have it reviewed. — State ex rel. Barker v. District Court, 369. Administration — Order of Partial Distribution. 7. rerfiorari/vlil not be granted to review^ an order for the partial dis- tribution of the (State of a decedent, since there is an appeal from such order. — State oj jc?. Leyson v. District Court, 378. CLERKS OF DISTRICT COURTS. Receipt of Money in Payment of Judgments. It is no part of the duty of the clerk of the district court to receive money in payment of judgments entered in the records of the court of which he Is an officer. — Matuscviiz v. Hughes, 212. CONSTITUTION. List of Sections Cited or Commented Upon. Article III, Section 7 15 Article III, Section 10. 161 Article III, Section 15 475 Article IV, Section 1 3U Article V, Section 30 36 Article V, Section 30 520, 521 Article VII, Section 20 68 Article VIII, Section 2 39, 535 Article VIII, Section 3 30, 491, 535 Article VIII, Section 11 534 CoNSTiruTiON. 586 Article VIII, Section IT. 30 Article XI, Secilon 4 6.) Article XI, Section 11 60 Article XI, Section I'J Go Article XIII. Section o 421), 431 Article XIII, Soctlon 0 472 Article XVI, Section 5 3»2 Article XVI, Section « 3i>2 Article XVII, ^-ectlon 2 fio Ordinance I, Subdivision 7 04 Information — Verification. 1. I'nder Constitution, Art. Ill, Sec. 7, and the provisions of the Penal Code of 189r>, a warrant may Issue on an information tiled by the county attorney by leave of court on a motion in writing not verified, and the information verified only on information and belief. — State v. Shafvr, 11. I'ublic Printing. 2. Advertisements for proposals to furnish supplies are not public print- ing within the hmguage or spirit of Section 30, Art. V, of the Constitu- tion.—/afc ex rel. Robert Miiehell Furniture Co. v. Toole et al.j 22. Advertising for I'ronosnis for Supplies for the State. 3. I'olltical Cede, Sec. 7or». declares that, before any contract for the furnishing of supplies to the state is let, the state furnishing board must advertise for proposals for 20 daj's in two dally newspapers printed in the state. Constitution, Art. V, Sec. 30, ordains that all printing for the state shall be performed under contract to be given to the lowest responsible bidder. Held, that where an advertisement for proposals for the furnishing of supplies was not made in compliance with Section 705, but wag made only in a newspaper which had the contract for the public printing, and a contention that the publication w^as lawful because the advertisement was public printing was without merit. — State ex rel. Robert MitcJiell Fur- niture Co. V. Toole et ah, 22. Supreme Court— Printed Transcripts. 4. Under Constitution, Art. VIII, Sees. 2, 3, 15, giving the supreme court appellate Jurisdiction of all cases in law and equity, subject to such limita- tions and regu Lit ions as may be prescribed by law, and giving the legis- lature power to prescribe regulations and limitations, and declaring that writs of error nnu appeals shall be allowed from the decisions of the dis- trict court to the supreme court, under such regulations as may be pre- scribed by law. the legislature had no power to regulate the physical form of the pleadings and Instruments to be filed with the supreme court ; and the Act of March 9, 1901, Icnown as "Senate Bill 101," providing that transcripts on fippeal may be printed or typewritten, at the election of the appellant, is invalid.— i/ofv/f/n et al. v. Andru8 et al., 37: Miehener v. Fransham, 44. State Agricultural College — Disbursement of Income. 5. The funds rnd income derived from the grant were trust funds, to be dlHbursed through the agency of the state, and were not subject to Consti- tution, Art. VII, Sec. 20, providing that claims agninst the state other than for the salary or compensation of a public officer should be audited and allowed by the st^te board of examiners, and paid only on the warrant of the state auditor. — State ex rel. Koch v. liarretj 62. 586 Contempt. Gambling - (Mass Logislatlon. C. Conceding that Laws of 1901, p. 160, Stc. 2, punislies proprietors ot games of chnnv-e, while patrons of the game enjoy immunity, It is not imconstltutional as class legislation, no exception being made of the per- sons who fall within its operation. — Slate v. }Voadman, 348. Coimtlfs-IndebtedntT.s — Submission of Question to Klectors — Form of Ballots. 7. Constitution, Art. XIII, Sec. 5, prohibits any county from incurring any Indebtedness for any single purpose, exceeding $10,(M>0, without the ap- proval of a majority of the electors voting at an election to be provided by law. Politi.al (!<Kle, Sec. 4270, authorizes the county commissioners to submit such ini.^stlcm to 'vote. Section 4272 provides for the giving of notice of such election, and provides that the election shall be in the manner prescribed by law in regard to the subraisslon of questions under the gejieral election law. Section 4273 only requires that there shall be printed on the ballots the \sords "For the Loan" and "Against the Loan." livid, that ballots so printed In such«an election were sxifticient, without further specifying the purpose and nature of the proposed loan, a.s To- ut leal Code, Sec. 1354, requiring questions to be voted on to be presented to the people In such a manner as to enable them to vote thereon in the manner provided In the title in which the section is found does not apply thereto.— Ti/iArc? v. Gvilfin, 42G. Counties — Indebtedn'ss — Submission of Question to Klectors — Majority Uequired. S. Constitution, Art. XIII, Sec. Ti, prohibits counties from contracting an indebtedness fxt'oedlng $10,000, for any purpose, without the approval of a majority of the electors voting at elections to be provided by law. Po- litical Code, Sec. 4270, authorizes the county commissioners to submit such (luestion to vote. lIcUIj that a favorable majority of all the votes cast on the question of incurring the Indebtedness, at a general election at which the question is submitted, is sufficient to authorize tlie Indebtedness, though such majority is not a majority of all the electors voting at such election. —Tinkcl v. Griffin, 426. Taxation — Statute of Limitations. f). Compiled Statutes of 18X7, First Division, Section 42. Subdivision 2, as amended by Laws of 1803, page .lO, and Code of Civil lro<'edure of 18t).j, Section r»20, are not in conflict with Constitution, Art. V, Section 30. — Hoard uf Conntu Commisftionrra of Cuatcr Co. v. SVoj7/, 517. C()NTKMI»T. Certiorari — Costs. 1. T'nder the ^irovlslons of the Code of Civil I'rocedure, on the dismissal, at cost of relator, of a writ of review to review an order In a contempt proceeding, such proceeding being special, defendant Is entitled to the fee paid by him tor the judgment and minute entries included In hi.n return, and also for the expense of making the transcript, excepting certain pages consisting merely of recitals by defendant." --v/</fr ex rcl. Uealy v. Dintrict Court, 224. Certiorari — Ueview. 2. On certiorari issued in aid of a writ of habeas eorpun to secure the release of one (ommitted for violation of a restraining order, the remedy by certiorari only f.uthorizes the court to determine that the lower court had Corporations. 587 Jurisdiction of tlie Bubject-matter and of the parties, and tliat it regularly pursued Its authority, and does not authorize an examination of the suffi- ciency of the evidence.— /« re Petition of Boyh' 3(55. CONTINUANCK. Refusal — Absence of Defendant. It is not error l(u* the court to deny a motion for a contlnuace on account of the absence of the defendanat, where the defendant fails to show dili- gence.— Whalen el al. v. Harrison, 31 C. CONTRACTS. . Public ContractJj — L'aion Labor. 1. A contract entered Into by the accei)tance of a bid for public work, tendered pursuant to an advertisement limiting the rifjht to bid to persons employing, or who will in the future employ, union labor only, is void. — State ex rel. liobvrt MiicheU Furniture Co. v. Toole ct al., TJ,. Public Contracts. 2. An absolutely void contract cannot be made valid by tue failure of public officers lo object to It upon the proper ground. — State ex rel. Robert Mitchell Furniture Co. v. Toole et al.', 22. Public Contracts — Advertising for lilds. 3. Where advertising for bids Is a statutory requirement, neither the municipality nor its agents can make a contract binding upon it without compliance with the formalities so prescribed. — State ex rel. Robert Mitchell Furniture Co. v. Toole et al., 22. Public Contracts — Advertising for Bids. 4. Political Code, Sec. 705, declares that, before any contract for the furnishing of supplies to tne state is let, the state furnishing board must advertise for proposals for 20 days in two daily newspapers printed in the state. Constitution, Art. V, Sec. 30, ordains that all printing for the state shall be performed under contract to be given to the lowest responsible • bidder. Held, that where an advertisement for proposals for the furnishing of supplies was not made In compliance with Section 705, but was made only In a newspaper which had the contract for the public printing, and a contention that the publication was lawful because the advertisement was public printing was without merit. — State ex rel. Robert Mitchell Fur- niture Co. V. Toole et al., 22. Against Public Policy. 5. Where bidders for a school building, after the rejection of their sepa- rate bids and consultation with the members of the board, agree to reduce their bids, and that In consideration of a bonus part of the bidders would let another have the contract for furnishing stone, pursuant to which they procure the contract without readvertlsement, such agreement Is void, as against public policy, and affords na basis for an action by one of such bidders against the other. — Whalen et al. v. Uarrivon, 310. CORPORATIONS. See Mines and Mixixc;, 1, 2. PlUXCirAIi AND AdENT, 3, 4. 588 Criminal Law. » t'OlNTIKS. As to indebtedness of counties, see CNjxstiti'tiox, 7, 8. , COT NT Y ATTOKXEY. rrosectlons for Crime — Change of Venue. 1. Where a ciiminal cause is removed to another county, the county attorney of the county to which the cause is removed must prosecute it. — titate V. Whitirorlh, 107. Prosecutions — Appointment of •Counsel to Assist County Attorney. 2. Iolitical Codo, Sees. 4'.i\H, 4311), providing that county officers, except county commissi )ners and Justices of the peace, may appoint necessary deputies for the prompt discharge of the duties of the office, have no appli- cation to the appointment by the court of counsel to assist a county attor- ney in prosecuting persons charged with crime. — State v. Whiticorth, 107. Prosecutions — .Appointment of Counsel to Assist County Attorney. .'i. The statutes declaring who shall be charged with the duty of prose- cutlng persons diarged with crime does not exclude power in the court to appoint counHel from members of the bar to assist in the prosecution. — Htutc v. Whittrorth, 107. COUNTY AnUTOK. Creation of Office — Statutes — Itepeal. The office of county auditor in counties below the third class was abolished by Act of March 18, 1895 (iolitical Code. Sec. 4312), which amended the original Code Section 2U22, and repealed in part Section 1 ot the Act of March 7, 1801 (Political Code, Sec. 4r>60), hence Missoula county was not entitled to elect an auditor in 1808. — Htalc ex vcl MnOinnisa v. Dickinson, 391. CUIMINAL LAW. Appeal —Verdict — Uevlew. 1. A verdict lu n criminal prosection, based on conflicting evidence, will ncft be disturbed on appeal. — State v. Ford, 1. Instruction — I'resumptlon of Innocence. 2. The defendiiiit in a criminal case is always entitled to have the Jury take into consideration the presumption of innocence which the law throws about him: it ;.{ therefore the duty of the court to aubmit proper instruc- tions upon this subject as a substantive part of the law. — State v. Hotcell, 3. Instruction — JurorV, Individual Duty. 3. The refusal if the court in a criminal case to charge that each Juror should act upon his own Judgment, and should not surrender his own con- viction, unless convinced, and that while he should discuss the evidence, and be open to conviction by argument, he should not surrender his con- victions merely because the majority were against him, was not error. (Mr. JrsTiCE .^Iillirx dissenting.) — State v. lloxcell, 3. Criminal Law. 589 Robbery — Instruction. 4. Uncl»»Ienal (^cde, Sec. 390, defining robbery as the felonious taking of personal property in the posseflslon of another from his person or imme- diate prenence, and against his will, "accomplished'* by means of force or fear, an instruoiion defining robbery in the same terms, except using the word "accompii^'lod," is reversible error. — titate v. Johnson, 0. Ilomiclde — Kvidence — Res Gegtae. 5. In a trial for homicide occurring in a saloon a few hours after a con- flict between def^^ndant and deceased at another place, evidence of such conflict waq admissible to show motive, though not part of the res gestae and incidentally tending directly to establish against the defendant an- other and distinct offense, — where the cause and details are excluded, and the court expresisly conflnes the Jury in their consideration of such evidence to the question whether it showed malice in the defendant at the time of the homicide. — »S7afc v. Shafcr, 11. Murder — Degrees — lUBt ruction. 6. Where the evidence would warrant a verdict of .guilty of any grade of unlawful homicide or of acquittal, it is error for the court to give to the Jury simply the statutory deflnltions of murder, murder of the first and second degrees, uf manslaughter, and of Justifiable homicide, without any further dechiraclon of the distinction between murder of the first and second degrees than is contained in the statute. — State v. Chafer, 11. Homicide — Self- Defence — Threats — Instruction. 7. Where, on a trial for murder, in .which the accused pleaded self- defense, it was shown that the deceased had previously threatened the accused, an instruction directing the Jury to disregard such prior threats unless the accused at the time of the killing was actually assailed, or be- lieved he was m great bodily danger, was erroneous. — 8tatc v. Shadwell, 32. Homicide — Self- Defense — Threats — Instruction. 8. On a prose-'^ution for murder, where the defendant pleaded self-defense, the court instructed that threats by the deceased against the defendant should not be considered unless the defendant was actually assailed, or be- lieved he was in great bodily danger. This instruction was followed by another, authorizing the consideration of any threats the deceased may have made against the defendant, to enable the Jury to determine defend- ant's acts or the deceased's motives. Held, that the instructions were conflicting, and constituted reversible error. — State v. Shadicell, 52. Homicide — Manslaughter — Instruction. 9. Where there was evidence tending to show defendant guilty of murder in the first degree, of murder in the second degree, and of manslaughter, it is the duty of the court to instruct explicitly that a verdict for man- slaughter may be returned, manslaughter not being a degree of murder. — State V. Shddircll, 52. Manslaughter — Self- Defense — Instruction. 10. The fact that the accused endeavored to show that the killing wis done in self-deft^nse does not render an instruction authorizing a conviction of manslaughter unnecessary. — State v. ShadicvU, 52. 590 Criminal Law. Murder — Trial — Evidence. 11. On a second trial for murder it was not error to read the testimony of a deceased witness, including an erroneous ruling of the court on the evidence, where no objection to the reading of the lullng was raised at the time.—^tatc v. Shadtccll, 52. Larceny — Evidence. 12. On a prosecution for grand larceny, that accused and others were fol- lowing the Itincrnries 6t political speakers under a conspiracy to commit larceny, and chat at a political gathering the prosecuting witness carried his purse in his left hand in his pocket, and, while In a crowd, feeling a tugging at his >ft arm, recognized accused and an associate standing at his left, and nftor going a distance of three blocks he discovered his purse was missing, is msutticient to justify a conviction of accused for the par- ticular larceny. -Kfa^e v. Foster, 71. rrosecutions — Appointment of Counsel to Assist County Attorney. 13. rolitical Code, Sees. 4318, 4310, providing that county officers, except county commI.-«sioners and justices of the peace, may appoint necessary deputies for the prompt discharge of the duties of the offices, have no appli- cation to the appointment by the court of counsel to assist a county attor- ney in prosecuting persons charged with crime. — State v. Whiticorth, 107. Change of Venue — County Attorney. 14. Where a criminal cause is removed to another cojnty, the attorney of the county to which the cause is removed must prosecute It. — State v. W?iiticorth, 107. Prosecutions — Appointment of Counsel to Assist County Attorney. 15. The statutes declaring who shall be charged with the duty of prose- cuting persons charged witli crime does not exclude power In the court to appoint counsel from members of the bar to assist in the prosecution.- — State V. Whiticorth, 107. Murder — Evidence — Threats — Instruction. 16. In trial for murder it appeared that deceased had threatened to kill 'any Missourian In tlie employ of V. who undertook to move hay on High Tower ranch, ' uud had made other threats against Missourlans so em- ployed, and that defendant was a Missourian, and employed on said ranch ; but the evidence also showed that at the time defendant struck the fatal blow he was not in Immediate danger, but that he weht up to deceased, who was standing in a threatening attitude over a friend of defendant, who was not shown to be a Missourian, and who was on top of, and was lighting with, a friend of the deceased. Held, that it was not error lo refuse to instruct that the jury should take such threats into consideration in determining the nature of the attack made on defendant's friend, and what was the purpose of deceased and his friend in making such attack.— State V. Whitworth, 107. Perjury — Preliminary Examination. 17. On a preliminary examination for perjury before a committing magis- trate, where the decree in the cause in which the alleged false testimony was given is offered in evidence, but the judgment roll is not admitted or considered, the evidence fails to show that the alleged false testimony was material to any issue In the cause, and the party cannot be held for trial. — State ex rcl. Donovan v. District Court, 275. Criminal Law. 591 Per j u ry — JI ahvus Coi /> us. 18. On hahvas corpus to Hpcure the discharge of a prisoner held for per- jury, where the petition avers that the transcript of the evidence In the case In which ti.e alleged false testimony was given contains all the evi- dence, and the prosecuting attorney does not controvert such allegation, but the transcrl))t does not show that the Judgment roll was admitted or considered, the court will assume that it was not received, and therefore will grant the wilt. — iritntv ix rcL Donovan v. District Court, li7.'). Homicide — Accompli-.'c — Kvldence. 19. Where a witness In a homicide case, who is impeachable as an accom- plice, details jertaln Incriminating statements made by the defendant before the commission of the crime, and states that he repeated the conversations to others, his testimony ns to when he did so is relevant and admissible on behalf of the Ftate as introductory of evidence which may be adduced to show whether the witness was an accomplice. — 8tat€ v. Dotson, SO.!. Frlttdpals and Accesssories. 20. The distinction recognized by the common law between principals and accessories before the fact is, by I'enal Code, Sec. 41, abolished in Mon- tana.— i^tatc v. Dotson, llO'}. Principals and Accc»s.sorles. 21. Evidence reviewed and licld sufficient to establish the fact that de- fendant— though not in person present when deceased was murdered — ad- vised and encouraged the commission of the murder, and hence sufficient to render the (iexendant a principal under Ienal Code, Sec. 41. — State v. Dotson, 3(K">. Evidence of Conspirator. 22. Kvidence of the act or declaration of a conspirator whlcli relates to the conspiracy nu y, after proof of the conspiracy, be given against his co- conspirator.— i<t'tt(' V. Dotson, 30.'>. Circumstantial Kvidence — Instruction. 23. An instruction requested by defendant, that, to warrant a verdict on a criminal charge on circumstantial evidence alone, the drcmstances must be such as to produce "nearly" the same degree of certainty as that which arises from dlrKt testimony, and sufficient to exclude all reasonable doubt of guilt, Is bad, in being qualified by the word "nearly," and Ifl properly refused. — State v. Dotson, 30o. Credibility of Defendant's Testimony — Instruction. 24. Section 2442 of the I'enal Code provides that the Jury In judging of the defendant's credibility and the weight to be given to his testimony may take into consideration the fact that he is the defendant, and the nature and enormity of the crime of which he is accused. Held, that an instruction giving Section 2442, but which uses the word "must" in place of the statutory word "may," is not erroneous, even though Section 2442 of the Penal Code of 1805 changed the word "shall" of the theretofore existing law to * may." — State v. Dotson, 305. Corroboration of Testimbny of Accomplice. 2o. Under Peml Code, Sec. 2089, providing that a conviction cannot be had on an accomplice's testimony unless he is corroborated by other evl- 692 Criminal Law. dence which in itself tends to connect accused with ihe commission of tlie offense, corroborating evidence tending to establish, independently of the accomplice's statements, the commission of tiie offense and accused's coa> nection therewith, is sufflclent, though, if the accomplice's testimony were not considered, he corroboratiag evidence would be insufficient to convict. — f;ta1i' V. StevuHUi, :5.'J2. Larcenj' — Kvldence. 2(J. Where, by a prearranged plan, accused and his associates were to commit a larceny, and sell the propertj', possession of the property by the associates pui'suant to the criminal purpose may be properly considered against accused, as any incriminating act or statement done or made by one of the parties to a criminal conspiracy during the pursuit of the com- mon purpose Is competent against the others as res (jvHtac. — State v. 8tc- vvuHon, 332. Larceny — Evidence — Instruction. 27. On a pro.s'c.itlon for larceny of five horses pursuRnt to a prearranged plan to collect a band of horses and sell them, an instruction referring to possession of the stolen property generally, and not to that alleged In the information, is not prejudicial, though erroneous, where the evidence tended to show tn.at the w^hole band, including the five horses described in the Information, was stolen and went into the acfial possession of ac- cused.— iitaie v. Btevenaon, 332. Gambling — Sentence. 28. Penal Code 1893, Sec. 2224, which permitted the court in every case where a defendant, on a conviction of crime, was adjudged to pay a flne» to also imprison him until both fine and costs were Batlstied, not exceeding one day for every $2 of the fine and costs, was not in any manner repealed by Laws 1897, p. 81, providing for the imprisonment of one convicted ot gambling until the fine and costs were paid, not exceeding five years In the state penitentiary, for the latter act did nothing more than exempt Judg- ments on convictions of gambling from the operation of the general law ; and hence, after its repeal, a person convicted of gambling was properly sentenced under the general law. — State v. Towner, 339. Gambling — Sentence. 29. Penal Code 189r», Sec. 2224, permitted the court in every case where a defendant, on conviction of crime, was adjudged to pay a fine, to also imprison him 'nntll the fine and costs were satisfied," not exceeding one day for every $2 of the fine and costs. Laws 1901, p. 167, Sec. 2, provided for the punishment, on conviction of gambling, by a fine and "imprisonment until the fine and costs were paid."- Held, that the word "paid" in the latter act was synonymous with the word "satisfied" as used in the general act, and hence a person convicted of gambling could be Imprisoned not to exceed one day for every $2 of the fine and costs. — State v. Toirner, 33J). Sentence — Payment of Fine — Imprisonment on Default. 30. A person cannot complain that he has been committed for a shorter time than the maximum authorized by law In default of the payment of the fine and costs assessed against him on conviction of a crime. — State v. Toicncr, 339. Gambling — Constitutional Law. 31. Conceding that Laws of 1901, p. 160, Sec. 2, punishes proprietors of games of chance, while patrons of the game enjoy immunity, it Is not un- Elections. 593 constitutional is class legislation, no exception being made of the persons who fall within its operation. — Utate \. Woodman, 348. CJambllng— -Nickel \:\ the Slot Machines." 32. Laws of 19')1, p. 1(56, Sec. 2, prohibits the conduct of games of chance, and, among others, that of running a nickel in the slot machine, "for money, checks, credits, or any representative of value, or for any property or thing whatever." Held, that a nlc)cel in the slot machine, involving la its operation the element of chance as to whether the player obtained in cigars more or Uks than the value of his money, was prohibited thereby. — • kitatc V. ^Yoodman, 348. Appeal — Kscape — Alnence from Jurisdiction. 33. Where one convicted of murder appealed, and thereafter escaped and fled l)eyond the jurisdiction ,of the court, the appeal should be dismissed on condition ihat, if he surrender himself within a stated time, the appeal would be rAiaiated. — IStaie v. Dvmpavj/j 504. DAMAGES. Measure of Damages — Instruction. In an action for injuries resulting from a defective street, a charge that the Jury may take into consideration as an item of damages the probable consequences, ho far as proved, of the personal injuries received by the plaintiff, if any are proved, Is proper. — Snook v. City of AnacondOj 128. DKMAND. See Waivfk, 2. Trust — Suit to Enforce — Costs. Where plaintiff is entitled to a portion of the proceeds of land sold by the owner of the legal title, no demand is necessary before suit, in order to entitle plaintiff to costs, even though no trust relation exists between the parties. — Choiccn v. Phelpa ct al., 524. DIVORCE. Appeal— Temporary Alimony. The supreme court is without power, either inherent or constitutionally conferred, io allow temporary alimony or suit money pending an appeal lii a divorce case. — Bordeaux v. Bordeaux, 533. EASEMENTS. See W-\TKtt UlGHTS, 1. ELECTIONS. Counties — Indebtedness — Form of Dall<Jt. 1. Constitution, Art. XIII. Sec. 5, prohibits any county from incurring any indebtedness for any single purpose, exceeding $1 0,000, without the approval of a majority of the electors voting at an election to be provided by law. Political Code, Sec. 4270, authorizes the county commissioners to submit such question to vote. Section 4272 provides for the giving of Vol. XXVI-38 594 Eminent Domain. notice of such election, and provides that the election shall be in the man- ner prescribed b> law in ref^ard to the submission of questions under the general election lew. Section 4273 only requires that there shall be printed on the ballots the words "For the Loan" and "Against the Loan." Held, that ballots so printed in such an election were sufficient, without further specifying the purpose and nature of the proposed loan, as rolltlcal Code, Sec. 1354, requiring questions to be voted on to be presented to the people in such a mau.ier as to enable them to vote thereon in the manner pro- vided in the title in which the section is found does not apply thereto. — Till Ac/ V. Griffin, 42G. Counties — Indebtedatss— Majority Uequlred. 2. Constitution, Art. XIII, Sec. Ti, prohibits counties from contracting an indebtedness exceeding ^'lO.ooo, for any purpose, without the approval of a majority of the electors voting at elections to be provided by law. lo- lltical Code, Sec. 4270, authorizes the county commissioners to submit su*h question to vole. UihJ, that a favorable majority of all fhe votes cast on the question of incurring the indebtedness, at a general election at which the question is Si'ibmitted, is sufficient to authorize the indebtedness, though such majority is not a majority of all the electors voting at such election- — Tmkcl V. Griffin, 426. KMINENT DOMAIN. Condemnation of Water lUghts — City Water Supply. 1. Political 'ode. Sec. 4800, as amended by Laws of 1897, p. 203, gives a city the right to acquire by condemnation proceedings water rights for the purpose of esta!)Iishing a water supply system. — City of Helena v. Rogan et ah, 452. Condemnation of Water Itlghts — Venue. 2. Tnder Code of Civil lro<'cdure. Sec. tUO, requiring that actions for the recovery of real property or an interest therein, or for injuries thereto, shall be tried in the county in whicli the subject of the action or part thereof is situaied, and Section 221 (», providing that condemnation pro- ceedings shall b» brought in the district court of the county In which the property is situated, proceedings to condemn water appropriated for Irri- gation purposes may l)e brought and tried in the county in which the land is situated, though the water is to be taken lu another county. — Citi/ of Helena v. Royan el al., 4r>2. , Condemnation of Water Kights— City Water Supply— Complaint. 3. A complaint by a city for the condemnation of water rights in a stream for a water supply is not defective for failing to allege that it has a riglit of way to the stream, or that it w^ili be able to get one. — City of Hclctta V. Rogan et al., 452. Condemnation Procee^lings. 4. Condemnation proceedings are statutory, and a strict compliance with the requirements of the statute is necessary. — City of Helena v. Rogan vt ah, 452. Condemnation of Water Rights— Complaint. 5. A complaint by a city for the condemnation for a water supply of water rights in a stream, alleging that defendants "claim to be the owners of Evidence. 695 and entitled to the right" of a designated quantity of water of the stream "for irrigating piirpoBes" In a certain county, is fatally defective for fail- ing to describe the lands, the number and size of the ditches thereon or appurtenant ihereto, and the place of diversion, though It would Involve great labor and expense to so describe the property. — Citp of Helena v. lioyan vt al., 4r>2. Condemnation of Waier Rights — Iublic Use — More Necessary Use. 6. Under Code of Civil Procedure, Sec. 2214, Snbd."3, providing that, be- fore property already appropriated to some public use can be talcen under the right of ominent domain, It must appear that the publ ." use to which it is to be app'iod is the more necessary use, water appropriated for Irri- gation purposes may be condemned for the purpose of procuring a city water supply, where the use for which it is to be taken is more necessary than the existing use. — City of Helena v. Royan ct al., 452. Condemnation of Water Rights — More Necessary Use — Complaint. 7. A complaint in proceedings to condemn for a city water supply water already appropriated to a public use must allege facts which show that the use for wlilch the water is to be talcen is more necessary than the existing use. the relative degrees of necessity being a question for Judicial determination. — City of Helena v. Rogan et at., 452. Condemnation of Water Rights — City Water Supply* — Complaint. 8. Quaere: In a proceeding by a city for tlie condemnation of water riglits for a water supply, is a complaint good which does not stato facts sufficient to show the court that it Is impossible for the city to appropriate an ample supply from the unappropriated waters of the stream? Quaere: In a proceeding by a city for condemnation of water rights for a water supply, is a complaint or decree good if it employ only the word "Inches" in relation to the measurement of water? — City of Jlehna v. Royan ct al., 452. EQUITY. Inspection and Survey of Property— Jurisdiction. 1. Kqulty has no Jurisdiction, independent of statute, and in the absenc^e of a suit, to order inspection of property. — State ex rel. Anaconda Copper Min. Co. V. District Court, 396. Divorce. 2. In Montana an action of divorce is a suit in equity. — Bordeaux v. Bor- dcauw, 533. Appeal — Review. 3. Questions of law only are presented on appeal, even where the relief sought is equital)le In character. — Bordeaux v. Bordeaux, 533. EVIDENCE. Homicide — Motive — Malice. 1. In a trial for homicide occurring in a saloon a few hours after n con- flict between defendant and deceased at another place, evidence of such conflict was admissible to show motive, though not part of the res ycstae and Incidentally tending directly to establish against the defendant an- 596 Evidence. oth4^r and distinct offense, — wiiere the cause and details are excluded, and the court ezpres»ly confines tlie jury in tlieir consideration of such eridence to tiie question wbetlier it sliowed malice in the defendant at tbe time ot the homicide. — Htale v. Hhafer, 11. Agency — Contract — Uitificatlon. 2. Where plaintiff sought to recover for medical services rendered to em- ployes of a mining corporation by virtue of a contract with the manager and secretary, testimony by a physician, whom plaintiff bad called to his assistance, that he was paid by a cbeclc on some part of which appeared the name of the corporation, and that it was his impression that it was signed by the foiporation, "per some one else's order/* waa not sufficient evidence of a ratification by the corporation of the secretary's contract. — jS'pefwi an v. Gold Coin Mininy d Milling Co., 76. Agency — (ontract — hatlfication. 3. A creditor of a mining companj' sought to have its president execute a bill of sale for certain machinery purchased from defendants. Tbe presi- dent refused, but referred the creditor to the company's superintendent, who executed iiu.'h bill, signing it as manager of the company. The di- rectors of the company, with the exception of the president, resided in another state, and the president had the general management of its affairs within the state. The creditor testified that he informed the president tbat the bill had been executed, and that the president knew the character ot the transaction, but did not want it known that he was cognisant of tbe transaction, and that he was in the immediate vicinity when the creditor took possession of the property. Defendants sned, and attached the Aa- chinery as the property of the company. Held, that the evidence of the ratification of the bill of sale by the corporation was sufficient to Justify the court in submitting that question to the jury, together with the bill of sale. — Trent d al. v. Sherlock, 85. Action Against City for Damages Resulting from a Defective Street. 4. Where, in un action against a city for damages resulting from a de- fective street, it is admitted that the city, through its mayor and council and police, had personal knowledge of the defect before the accident, the error, if any, '.u tidmitting evidence that the overseer of streets said several days after the accident that he knew of the defect, and had intended to repair it, was w'thout prejudice. — Snook v. dtp of Anaconda, 128. Judgment — Intent io Appeal. 5. Where, in an action to restrain defendants from removing ore from a certain vein .on a motion for injunction pendente lite, it is shown that in a prior action between tbe parties judgment is entered that defendants are owners of the voin and ore, the court may consider such judgment in deter- mining such motion, though the time for appeal has not elapsed, and plaintiff intends to appeal therefrom — Boston d Montana Vonsol. V. d S. Mining Co. v. Montana Ore Purchasing Co. et al., 146. Hearsay and Incompetent Evidence. 6. It is reversible error for the trial court to overrule a motion to strike out hearsay and Incompetent evidence. — Matuacvitz v. Hughes, 212. Cliaracter Evidence. 7. If a witness shows himself to have been for a long time in a position to know and hear what neighbors say about a person, and he has never heard the character of such person questioned or talked about, this fact ts Executors and Administrators. • 597 competent evid^nce tending to prove good character of such person. — - Matusevitz v. lluuhes, 211!. Incompetent Kvlden'.'e. 8. A written leceipt given by the district court derli for certain money alleged to have been paid upon a Judgment, Is not competent evidence to prove that the judgment creditor got the money. — Matusaits v. HughcSj 2l 2. Action on Note Secured by Mortgage. 0. Wliere. in an- action on a note, the court had admitted evidence that the note was secured by a mortgage. It was error to refuse to receive evidence that the mortgage was second to anotlier, which had been fore- closed, that the property had been sold, and the time of redemption from such sale had cxiJred. — lirophy v. Dotcncy ct ux., 252. Homicide — Accomplice. 10. Where a ^^Itncs.s in a homicide case, who is impeachable as an ac- complice, details certain incriminating statements made by the defendant before the commission of the crime, and states that he repeated the con- versations to others, his testimony as to when he did so is relevant and admissible on lehalf of the state as introductory of evidence which may be adduced to show whether the witness was an accomplice. — State v. Dot son, 30,"). Criminal Law- - lOvldence of Conspirator. 11. Evidence of the act or declaration of a conspirator wnich relates to the conspiracy may, after proof of the conspiracy, be given against bis co-conspirator. — State v. JJotson, 305. Criminal Law — rrodlt)llity o' Defendant's Testimony. 12. Section 2442 of the I'enal Code provides that the jury In judging of the defendant's credibility and the weight to l)e given to his testimony mrii/ take into cinsideratlon the fact that he is the defendant, and the nature and enoi-mlty of the crime of w^hicli he is accused. HvUl, that an instruction giving Section 2442, but which uses the word "must" in place of the statutory word "may," Is not erroneous, even though Section 2442 of the IVnal ( ode of 1805 changed the word "shall" of the theretofore existing law to ' may."- State v. Dotaon, 305. Larceny — Conspiracy - Possession of Associates — lies (Jcstac. 13. Where, by a prearranged plan, accused and his associates were to commit a larceny, and sell the property, possession of the property by the associates pursuant to the criminal purpose may be properly considered against accused, as any incriminating act or statement done or made by one of the parties to a criminal conspiracy during the pursuit of the com- mon purpose Is competent against the others as jt» (jcstac. — State v. Ste- venson, 332. i]xi:ci:t(>us and administuatoks. Sale of Real ICstate— Notice to Heirs. 1. Real estate of a decedent was sold by an administrator under order of the probate co>irt. Thereafter certain persons claiming to be heirs of the deceased, and therefore entitled to a share in the land, claimed their share 598 . Executors and Administrators. of the proceeds (f the property from the administrator on ta ground that they had no uo:ice of the sale, or of the proceedings therefor ; and, he hav- ing refused to pay them, their claim was paid by the purchaser, whereupon he sued the administrator and his sureties to recover the amount so paid. the complaint alleging that there was no mention made of the alleged heirs, or of their claims, at any time or anywhere In the probate proceed- ings or record. Held that, since the administrator was not required to take notice of :ho claims of such heirs until their heirship had been estab- lished as presci'ibed by (.'ode of Civil Procedure. Title XII, Chap. 10, Art. II, and the complaint alleged that no sucli proceeJIngs had been had, plaintiff was not entitled to recover. — Kirk ct al. v. liakcr et al., 190. Settlement of Accounis — Appeals. 2. Code of «'lvll Procedure. Sec. 1724. declares that an appeal is taken from an order by filing a notice stating the appeal from the same, or some Kpecific part ih»reof. In a proceeding to settle an estate, the court made an, order settling lie administrator's account, and he appealed, complaining of that part of the order disallowing two certain Items, and also a portion thereof directing him to deliver certain stock to a special administratrix. Heading a recital in the lirst paragraph of the notice of appeal, with each of the other thn^e paragraphs, which were numbered in consecutive order, there was a separate notice of appeal for each part complained of. HrUl not an appeal from the order as a whole, but separate and distinct appeals from the different parts thereof. — In re liarker'a EHiatc, 211). Settlement of Acoujits —Appeals. 3. An order Sv^ttling an administrator's account, disallowing two certain Items, and directing him to deliver certain stock to a special administra- trix, though Included in one jiaper, is In effect several distinct and separate orders, and, though embraced In one notice- of appeal, will be so treated for the purposes of the appeal. — In re Barker's Entalr, 270. Settlement of Accou.its. 4. I'nder Code of Civil I'rocedure, Sec. 27l>:{, providing that on the day appointed any j^erson interested in an estate may file exceptions to an ad- ministrator's account and contest It. the allowance of an Individual claim of an administrjitor against the estate is not conclusive, but the parties interested may (i.nttst it when his account Is presented. — In re Barker's K Hi ate, 270. Rejection of Claims — Appeals. 5. Code of Civil Procedure, Sec. 2008. providing that, where a claim against an estate is rejected, the holder must bring suit within a certain time or be barrod, provides an exclusive remedy, and an order disallowing the claim is not (•])pealable ; Code of Civil Procedure, Sec. 1722, and Session I-aws 1800, p. 14G, enumerating appealable ordcis, not providing for such appeal.— In re J'orker'H Estate, 279. Order Disallowing Administrator's Individual Claim — Appeal. 6. I'nder Code of Civil Procedure, Sec. 1721, providing that "a party ag- grieved may appeal," etc., a person, In his capacity as administrator, cannot appeal from nn order disallowing his individual claim against the estate, and on such an appeal his individual rights will not be considered. — Jn re Barker's Estate, 279. Fraudulent Conveyances. 599 Xon-ApiH^alable Order. 7. An appeal will not lie from an order directing an administrator to turn over certain assets to his successor on resignation or removal. — In re Harker'8 Estate, 279. Settlement of Accounts — Power of Court. 8. Obiter: Upon the settlement of administrators' accounts the district court has no power to adjudicate and finally determine questions of title between the estate and third parties. — In re Barker's Estate, 270. Settlement of Acco>nts — Jurisdiction. 1>. The district court, in settling the account of an administrator, had jurisdiction to rfquire him to turn over to the special administratrix cer- tain property which had come into liis possession in his representative capacity, though there was a dispute as to the ownership of the property, the administrator claiming It in ills private capacity as agent for a thirij party. — tatate c.r rel. liarker v. District Court, 'M\U. Order ot Court — Adaiinlstrator — Certiorari. 10. The administrator. In his private capacity, was not a party in Interest aggrieved by the order requiring him to turn over the property, and could not bring eertio'ari to liave it reviewed. — t^tate ex rel. Barker v. District Court, 369. Order of Partial Distribution — Certiorari. 11. Certiorari will not be granted to review an order for the partial dis- tribution of the estate of a decedent, since tliere is an appeal from such order.— titaie ex ret. Leyson v. District Court, 378. riNl)I.N(;S. implied landings. Implied findings may supplement, but they cannot be allowed to contradict, express findings. — Coieell v. May et al., 163. FiiAiT)i;r.i:NT (h:)N'vi:yanc:ks. Action to Set Aside— Complaint. 1. Where, in .an action to set aside a conveyance of both real and per- sonal property as fraudulent toward creditors, the complaint does not show that plaintiff has a lien on such property, it fails to state a cause of action for such relief, and an objection to the admission of any evidence there- under should be sustained. — W'yman et al. v. Jensen et al., 227^. Action to Set Aside— Complaint. 2. AYliere, In an action by a judgment creditor to set aside an assignment by the debtor of real estate as fraudulent as to plaintiflP, the complaint falls to give the location of such real estate or any uescrlption thereof, other than tliat it does not exceed a specltied value, an objection to the admission of any evidence should he sustained ; the complaint failing to disclose a lien in favor of the judgment creditor. — Wyman et al. v. Jensen et al., 227. 600 Garnishment. Action to Set Aside — Complaint. 3. Under Code ot Civil Procedure of 181)5, Section 111»7, providing that a judgment becomes a lien on realty from the time it is docketed, a com- plaint by a judgment creditor to set aside his debtor's conveyance of realty as fraudulent, which does not allege the docketing of the creditors judg- ment. Is Insufflci .»nt.— iri/ma« ct al. v. Jensen vt aL, '^27. Complaint — Appeal — Amendment. 4. Where, In an action by a judgment creditor to set aside a fraudulent convevance by ilie debtor, a judgment for plaintiff is reversed because of the Insufficiency cf the complaint, the trial court should permit plaintiff to amend— IVi/mari ct al. v. Jensen ct al., 227. GAMIJLINCJ. See CiUMiNAL Law. garnisiimi:nt. Contingent Liability— Liability of Garnishee. 1. In order lo charge a garnishee, there must be at the time of the ser- vice a debt due <ir to become due, and not a contingent liability or a coa- dltlonal contract merely. — Coiccll v. May it al., 163. Contingent Liability —Liability of Garnishee. 2. One whose land had been sold under foreclosure, and against whom a deficiency judgment had been entered, contracted to sell his equity to the purchaser on the foreclosure for a certain sum. If the purchaser would secure and deliver to the debtor a receipt from the judgment creditor for all sums due him from the debtor. The debtor executed a deed, and de- posited It In escrow, to be delivered to the purchaser on the delivery of the receipt, and the payment of the balance of the purchase price, ?10 beinif paid at the time. Prior to any delivery of the receipt or any waiver of the same on the part of the debtor, the execution purchaser was served witn garnishment process at the suit of tlie judgment creditor. HcUi, that the purchaser was not liable, his liability to the debtor having been merely contingent. — Cowell v. May ct al., 163. Liability of Garnishee — Evidence. 3. It was proper to admit evidence showing that after service of the gar- nisliment proce.is, the deed in escrow was destroyed, and another one made, and the entire consideration paid, for the purpose of showing what the origl al terms of the contract were at tlie time the process was served. — Cow ell V. May ,/ ah, 163. Findings. 4. The trial court having found the facts as to the contract as originally made, and that there had been no delivery of the receipt, or waiver thereT>ft findings to the effect that the destruction of the deed in escrow after ser- vice, and the giving of another deed, and the payment of the consideration, were for the purpose of evading the garnishment process, could not aid the plaintiff. — Cowell v. Man et til., 163. Merchandise Capable of Manual Delivery. .'. T'nder Code of Civil Procrdure (Compiled Statutes of 1887), Section IKG. and Code of Civil I'rocedure of 1805, Section 1218, the mere garnish- Homicide. 601 nient of the I'raiiduleut assignee of the stot'k of merchandise — capable of manual delivery — of the judgment debtor by the Judgment creditor does not create a lien on such merchandise. — Wyman rt al. v. Jensen ct a?., 227. GlAltDIAN AND WARD. Sale of Ileal Estate— Special IJond. 1. I'robate Pr-iotice Act. Sec. 387. Compiled Statutes 1887, provides that a guardian authorized to sell real estate roust, before the sale, give bond to a probate Judge to sell the same in the manner and to account for the pro- ceeds of the sale as provided for in the chapter. HiM, that a sale by a guardian duly appointed and yualififtd, but who omitted to give the special bond required, was not void. — Jluf/hes v. QoodalCj 03. Sale of Keal Estate — Special l?ond. 2. Quaere: Whether, under the Probate Practice Act, Compiled Statutes 1887, an executor, administrator or guardian is required in every case to give a special bond before making sales of real estate. — Hughes v. Ooodale, 93. General Bond of Guiidlan — Liability of Sureties. 3. Sureties on the general bond of a guardian are liable for any loss which the ward may suffer by reason of the default of the guardian with respect to the proceeds of sales of real estate. — Iluyhes v. Ooodale, 93. IIAHKAS COUITS. Ierjury — Evidence. 1. On habvas corpus to secure the discharge of a prisoner held for perjury, where the petition avers that the transcript of the evidence in the case In which the ailei^xl false testimony was given contains all the evidence, and the prosecuting rttorney does not controvert such allegation, but the tran- script does not show that the judgment roll was admitted or considered, the court will ussurae that It was not received, and therefore will grant the writ. — Stdfe ex rel. Dnnt.ran v. District Court, 275. Kestralnlng Order - <'ontcmpt. 2. Where one is committed for contempt for violation of a restraining order, and the 'lial court has jurisdiction of the subject-matter and of the parties, the suindency of the evidence cannot be reviewed on habeas corpus. — In re Petition of lioylc, '^Cui. Costs. 3. Where, on / ubeas corpus, and certiorari in aid thereof to review an order of commitment in a contempt proceeding, relator asked that the evi- dence be certlfiod up, defendant, on dismissal at the cost of relator, Is enti- tled to costs for the expense of transcribing the evidence into longhand. — In re Petition of Boi/le, 3(»r>. HOMICIDE. See CiiiMixAL Law. 602 Injunction. IXDH'TMKNT AND INFORMATION. iDformation — WriluMlIon. • 1. I'nder Con^rltution, Art. Ill, Sec. 7. and tbe provisions of the renal <<ide of isur. I warrant may Issue on an Information flied by tlie county attorney by leave of court on a motion in writing not verified, and tbe information verified only on information and belief. — State v. Sliafcr, 11. FiUnj; Information - i.eave of Court. 2. I'nder iVn.il Code, Sees. I7'?n-1732. no leave of tourt is necessary to file an inform<\tion after commitment on preliminary examination, and a writ of snpervU'»ry control will not issue to compel the granting of leave. - t^tdtc tx rcl. Ufitionin v. Dintrict i'ourt, 275. Filing Informatit.n— Leave of Court. :i. I'nder IVnil Code, Sees. 17.'Jn-1732, leave to file an information withont a preliminary oxi<niiniition may be granted or refused, within the sound dis<retion of the lourt, when no statement is made to the court of tlie evi- dence upon whi'-li the state relics for a conviction, and a writ of super- visory control to revise sucli discretion will therefore l>e denied. — Statv ex rel. Ifononm v. lUstriet Court,, 273. • INjrXCTION. Injunctl<m Pendente Lite — l-^vidence — Judgment. 1. Where, in an action to restrain defendants from removing ore from a certain vein ca a motion lor Injuncticm petulente lite, it is sliown that in a prior action between tlie parties judgment is entered tJiat defendants • are owners of llje vein and ore, the court may consider such judgment In determining su'-h motion, though the time for appeal has not elapsed, and plaintiff Intends to appeal there from.- -7?oj»/ on tt Montana Consol. C. tt iS. ^finin^J Co. v. Montana Ore Purehasiny Co. et al., 140. Injunction Pendente Lite — Appeal. 2. On appeal Mie supreme court will not undertalce to determine whethef the evidence was insufticlent to warrant the issuance of an injunction pen- dente tite, when the order granting the same must l>e reversed .on other grounds.— 11 <7:^,s/cni v. Bottton tf- Montana CouhoI. C. t( N. Mimnq Co., 11)3. Injunction Pendente Lite — Complaint- Verification. 3. On the hen -lug of an order to show cause wliy an injunction pendente lite should not I.-sue. for which application was made l)y complainant on the filing of his complaint, the proposed answer of defendant to the suit, and the proponed answer of defendant to another suit concerning the same mine, the complaint of whicli had been made a part of the present com- plaint, were pr )perly rejected, where the verifications of the same were on information and belief: positive verifications being required. — Wet:ntein v. HoHton dc Monta^'a ConnoL C. A ti. Mining Co., 103. Injunction Pendente Lite — Fvidence. 4. On the hea/Ing of an order to show cause why an Injunction should not issue to restrain defendant from operating a certain mine pending a suit for an Interest therein, it was error to reject, as Irrelevant and imma- terial, the pleadings, judgment and findings of a prior action which adjudi- Injunction. 603 rated the ultimate rights of the parties In the subje<'t of the controversy. — WetZiftt'in v. Jtostun d Montana Contiul, C. d ^. Mininy Co.j 193. Injunction Pcndvntc Lite — Evidence. 5. On the hearing of an order to show cause wliy an injunction Bhould not issue to restrain defendant from operating a certain mine pending a suit begun In VjOI for an Interest therein, the record of a prior action between the parties in regard to the same mine, wlierein it appeared that the deed alleg'^d In the present suit to be fraudulent and to have been exe- cuted by mistake was in existence in ISS.'), and that ores had been removed from the mine ior at least three years before this application was made, was improperly rejo-.i ?d ; the same being material, together with other facts, on the question of plaintilf's laches in making the application. — ^Vvt^st€in v. Boston <£• Mont Ilia Consol. V. ct- -S'. Mining Co., 103. Injunction Pendente J Ate — Kvidence. (). On the he.irliig of an order to show cause why an injunction should not issue to restrain defendant from operating a certain mine pending a suit for an Interest th»r'»in, the record of a prior action wheVeln it appeared that an Injunction had been denie<l on the same facts and Issues as were in- volved. In the i>resent suit was admissible as barring a second application for an injunction on the same facts, where the court was doubtful of the good faith of the application, and of the merits, and of the plaintiff's laches. — Wetztttein v. Uonton d Montana Consol. C. tf <S. Mining Co., lU'd. Injunction Pendente Lite- — Kvidence. 7. Where, on the hearing of an order to show cause Why an injunction should not issue, restraining defendant from operating a certain mine pend- ing a suit for an interest therein, it appeared that several suits between the same parties had been brought concerning this 'jame mine, in one of which an appeal was pending, the affidavit of the defendant's attorney, made on his Knovvledge, as to the history of the litigation, was admissible, as tending to make clear the Identification of the parties and the subject- matter In the .several suits. — Wetzstein v. Boston d Montana ConsrA. C. d 8. Mining Co., 103. Injunction Pendente Lite — Appeal — Review. 8. Where there Is no substantial evidence tending ro support an injunc- tion order, the y.ime will, on appeal, be reversed. — Heinzc et al. v. B. d M. C. C. d S. M initio Co., 265. Injunction Pendente 1 He — Appeal — Review. 0. On appeal from an order granting an injunction pendente lite, the supreme court will not reverse the order, although the evidence tending to prove the identity and continuity of veins would be Insufficient upon a trial of the i.«sues on the merits. — lleinze et al. v. B. d 1/. C. C. d- S. Mining Co., 2«r.. Temporary Injunction — Appeal. 10. Kvidence on which a temporary Injunction is dissolved will be held suflBcient to suriiiin the order of dissolution on appeal, where no abuse of discretion Is shown, even though It would not authorize a denial on final hearing of the if^llef demanded in the bill.— f'rarrr v. f^tapp, 314. Restraining Order — ( ontempt — Habeas Corpus. 11. Where one is committed for contempt for violation of a restraining 604 Instructions. order, and the ti'ial court has jurisdiction of the •ubject-matter and of the parties, the sufflrlency of the evidence cannot be reTie»ved on habeas corpus, — In re Petition vf Boyle, '6(m. I'rohlbitory Injunction — Appeal — Stay. V2. lending :in appeal irom an injunction order, pendente lite, restraining appellants from entering?, or mining, in part of a certain lode claim of which they w«»re in possession, they may not have an order from the su- preme court su.^pendlng the injunction, since the supreme court is not authorized to Hnspend the operation of, vacate, or set asidir, a prohibitory Injunction ord«^r during the pending of an appeal therefrom. — Moloney et al. V. Kiny et a1., 4S7. rrohibltory injuncti'in — Appeal. Mi. Obiter: fVndlng an appeal from a prohibitory injunction order, pen- dente lite, the district court has Jurisdiction to enjoin either party from destroying or injuring the property in dispute. — Moloney et al. v. King ct ah, 487. Perpetual Injunction - Appeal. « 14. The supr.:»nie court is without authority to grant an order modifying or vacating a perpetual injunction pending appeal from a Judgment em- bracing it. — Maluuey et al. v. Kinr/ et al., 492. Mandatory Injunction— Appeal — Stay. 15. I'nder Se-ilon ITSS of the Code of Civil I'rocedure, a mandatory in- junction is stayed by perfecting an appeal from the decree. — Moloney ct al. v. Kinff et al., 492. Perpetual Injunction —Appeal — Stay. 10. The objecti'm that a decree granting a perpetual injunction is void, as not being wltliln the Issues, will not be considered on a motion to stay the injunction during the pendency of the appeal. — Moloney ct al. v. King et a I., 492. Mechanic's Lien — Judgment Against Husband. 17. A Judgment foreclosing a meclianic's lien against tue real estate be- longing to a wife In suit against her and her husband is not invalid for the reason that the judgment declared tO' be a lien is against the husband personally, and therefore the wife cannot enjoin execution sale of the property, but can only have the Judgment corrected, if erroneous, by motion for a new trial or on appeal. — Mea-andcr v. Fransham, 49t>. INSTUrCTIONS. Refusal to Give Special Instructions. 1. Refusal to submit special instructions, correctly stating the law. Is not erroneous, where the charge given clearly and correctly states the phase of the law embodied In the .special request.— i&'<afc v. Howell, 3. Iresumption of Innocence. 2. The defendant in a criminal case is always entitled to have the Jury take into consideration the presumption of Innocence which the law throws about him : It is therefore the duty of the court to submit proper instruc- Instructions. 605 tlons upon ihis subject as a substantive part of the law. — State v. Howell, 3. Juror's Individual Duty. 3. The refusal of the court in a criminal case to charge that each Juror should act upon his own Judgment, and should not surrender his own con- viction, unless convinced, and that while he should discuss the evidence, and be open to conviction by argument, he should not surrender his convic- tions merely because the majority were against him, was not error. (Ma. Justice Milbuux dissenting.) — State v. Howell, 3. Kobbery — Defin 1 1 Ion. 4. Under Penal Code, Sec. 300, defining robbery as tne felonious taking of personal proucrty in the possession of another from his person or im- mediate presence, and against his will, "accomplished" by means of force or fear, an inscructlon defining robbery in the same terms, except using tlie word "accompanied," is reversible error. — State v. Johnson, 9. Erroneous Instruction — Presumption. 5. An erroneous instruction is presumptively prejudicial — State v. JoJin- aon, 9. Degrees of Murder. 6. Where the evidence would warrant a verdict of guilty of any grade t»t unlawful homicide or of acquittal, it is error for the court to give to the Jury simply the statutory definitions of murder, murder of the first and second degrees, of manslaughter, and of justifiable iiomicide, without any further declaration of the distinction between murder of the first and second degrees than is contained in the statute. — State v. Shafer, 11. Homicide — Self- Defense — Threats. 7. Where, on 'x trial for murder, in which the accused pleaded self-defense, it was shown that the deceased had previously threatened the accused, an Instruction directing the Jury to disregard such prior threats unless the accused at the time of the killing was actually assailed, or believed he was in great bodily clanger, was erroneous. — State v. Shadwell, 52. Homicide — Sel f -Def eu^5e — Threats. 8. On a prosecution for murder, where the defendant pleaded self-defense, the court instructed that threats by the deceased against the defendant should not be considered unless the defendant was actually assailed, or be- lieved he was in great bodily danger. This instruction was followed by another, authorUing the consideration of any threats the deceased may have made agaijst the defendant, to enable the Jury to determine defend- ant's acts or the deceased's motives. Heldj, that the Instructions were conflicting, and constituted reversible error. — State v. Shadwell, 52. Homicide — Manslau;?hter. 9. Where there was evidence tending to show defendant guilty of murder In the first degree, of murder In the second degree, and of manslaughter, It is the duty of the court to Instruct explicitly that a verdict for man- slaughter may be returned, maqslaughter not being a degree of murder. — State V. ShadwcU, 52. Manslaughter — Self- Defense. 10. The fact that the accused endeavored to show that the killing w^as 606 Ikstructions. done in jself-defe-ise does not render an Instruction autborlzing a conviction of manslaughter unnecessary. — ^tatc v. i^hadtccU, o^. Murder — Threats. 11. In trial for murder it appeared that deceased had threatened to kill "any Missourlan in the employ of V. who undertook to move hay on High Tower ranch," and had made other threats against Missourians so em- ployed, and that defendant was a Missourlan, and employed on said ranch ; but the evidence also showed that at the time defendant struck the fatal blow he was not in immediate danger, but that he went up to deceased, who was standing in a tlireatening attitude over a friend of deiendant. who was not shown to be a Missourlan, and who was on top of, and was fight- ing with, a friond of the deceased. Held, that it was not error to refuse to instruct that the jury should take such threats into consideration in determining the nature of the attack made on defendant's friend, and what was the purpose of deceased and his friend in making such attack. — Utate v. Whitirovth, 107. Ilequested Instructions — Duty of Court. 12. A court <<ii<)uld not be captious or hypercritical and refuse an Im- portant request (-d Instruction solely on the ground of verbal inaccuracy ; still it is not the duty of the court to undertake, in all cases, the labor necessary u> pr^iiare and rewrite defective requested Instructions which if correctly stated might well be given in the charge. — State v. Whiticorth, 107. Defei'tive Streets — Personal Injury — Measure of Damages. l.'{. In an action for Injuries resulting from a defective street, n charge that the jury may take into consideration as an item of damages the prob- able consequence's, so far as proved, of the personal Injuries received by the plaintlfT, If nuy are proved, is proper — Snook v. City of Anaconda, V2H. Requested Instructi'ms — Refusal. 14. Where re<iii"sted instructions are sufficiently covered by the general charge, it Is aot error to refuse them. — Laryey v. Mantle, 204. Criminal Law — <'lr.'jmstantlal Evidence. 15. An instruct ion reqmstrd by defendant, that, to warrant a verdict on a criminal charge on circumstantial evidence alone, the circumstances must be such as to r»<^duce "nearly" the same degree of certainty as that which arises from dlr? ^t testimony, and sufficient to exclude all reasonable doubt of guilt, is bad, in being qualified by the word "nearly," and is properly refused. — State v. liotaon, 30.">. Requested Instruction — Refusal. 16. A refusal of requested instructions presenting correct propositions of law is not erroneous, when the substance thereof is embraced In the general charge. — State v. Dotson, 305. Criminal Law — Defendant's Credibility. 17. Held, that nn instruction giving Section 2442, Penal Code, but which uses the word "must" in place of the statutory word "may" Is not erro- neous.— State V. Dot son; 305. Mandamus. 607 Lnrcouy — I'osscsslon of Stolen Troperty. 18. On a proH'H'jitlon for larceny of five horses pursuant to a prearranged plan to collect a band of horses and sell them, an instruction referring to possession of (he stolen property generally, and not ro that alleged in the information, Ik not prejudicial, though erroneous, whe»-e the evidence tended to show that Ine whole band, including the five horses described In the information, was stolen and went into the actual possession of accused.- - i<tut(' V. tatvvcnson, 332. Criminal Law — Appeal Kevlew. 19. Although tn' instruction in a criminal case may be bad, and even prejudicial to tne appellant, nevertheless if, so far as criticised by the ap- pellant it is not prejudicial to him, it will not work a reversal of the Judgment. — kftitc v. vfcroi«on, 332. Appeal — Error Without I'rejudice. 20. An order denying a new trial should not be reversed becaiise of In- accuracy in the instructions which clearly did not result In prejudice to the complaining party. — Charles Schalzlein Paint Co. v. Passmorc, 50U. JUDGMENTS. Void and Voidable. 1. The orders and judgments of a court may be voidable for error, or Irregularity, out such error or Irregularity does not of Itself avoid such orders or jutlj?m«»nts.— i/M£//ir» v. Oooilalc, 93. Judgment I.ien. 2. The mere :•' ndltWm of a judgment creates no lien ; before real estate can be charged with a judgment lien, it is absolutely essential that the Judgment be docKeted. — M'yman ct al. v. Jensen et al , 22/. JURY. Bound by the Law .u: Given by the Court. A jury Is bound by the law given by the court, whether correct or not, — except, possibly, in prosecutions for libel. — Kiny v. Lincoln, 157. LARCENY. See Criminal Law. MANDAMUS. State Furnishing IJoard —Rescinding Contracts. 1. Where the rtate furnishing board regularly accepts a bid for the fur- nishing of supplies for the state, and subsequently refuses to sign the formal contract, a writ of mandate to compel such acdon is not obnoxious, as in effect a suit against the state. — 8tate ex rel. Robert Mitchell Furni- ture Co. V. Toole ct al., 22. Public Contracts — Lowest Responsible "Bidder. 2. That the refusal of the state furnishing board to award a contract to 608 Mines and Mining. the lowest responsible bidder Is Dierel3' erroneous, is not sufficient to Juft- tlfy the Issuan^'e of the writ of mandate. — iState ex rel. Robert Mitchell Furniture Co. v. 7'oo/t' it a/., '22. New Trial — Scandalous Affidavits in Support — Discretion of Trial Court in Striking Out. 3. An order of the trial court striking out affidavits filed in support of a motion for a new trial on the ground that they were disrespectful, scan- dalous and con(?Luptuous, being an order made in the exercise of the court's descretionary i)ower, mandamu9 will not lie to compel their restoration, even though It :>e conceded that the discretion was not wisely exercised. — /State ex rel. Fiiilen v. District Court, 37J. Hearing on Return to Alternative Writ. 4. Where defendant claims that his answer made to an alternative writ of mandate sliows a compliance therewith, the relator may controvert the truth of such dui^wer and thus to enlighten the court as to what further order the court should make. — tftate ex rel. Finlen v. District Court , 3T!f. County Clerk — Alias Order of Sale. 5. Mandamus was not the proper remedy to compel the clerk of the dis- trict court to isHue an alias order of sale of property under a foreclosure lien, as there was an adequate remedy at law, by motion in the case In the court in which the decree of foreclosure was rendered. — State ex rel. Moahner v. W right j 540. MANSLAUGHTER. See Criminal Law. MASTER AND SERVANT. Master's Liability for Medical Attendance on Servant. Without an agreament by which he assumes such burden, a master does not owe his serv<int the legal duty to furnish medical or surgical aid to him or to nurse him when sick or disabled, or when injured while working for the master.— Spelman v. Gold Coin Mining rf Milling Co., 70. MICCHANICS' LIENS. Foreclosure— Judgment Against Husband — Injunction. A Judgment foreclosing a mechanic's lien against the real estate belonging to a wife in suit against her and her husband is not invalid for the reason that the Judgment declared to be a lien Is against the husband personally, and therefore the wife cannot enjoin execution sale of the property, but can only have the judgment corrected, if erroneous, by motion for a new trial or on api)tMl. — Alexander v. Fransham, 490. MINES AND MINING. General Manager of Mining Company — Authoritj'. 1. The fact that a certain person Is general manager of a mining com- pany doe.s not. In and of itself, imply authority in him to bind ttie company in matters other than those of its ordinary business affairs. — Spelman v. Gold Coin Mining d Milling Co., 70. Mines and Mining. 6Q9 Gtnoral Manager of a Mining Company — Auttiority. 2. Wliere employes of a mining company, while working in its mines, suffer bodily injury by the explosion of a blast, and it does not appear that the company was in anywise at fault, the secretary and general manager of the company has no Implied power, by virtue of his olllce, to bind the company by a v'oi? tract for medical attendance on such injured employes Quaere: Whether, in a case where an employe is injured through the actionable negligence of the company, the general manager of a mining company can bind his principal by such a contract? — Spelman v. Oold Coin Mining de Milling Co., 76. Injunction PenOentc Lite — Appeal — Review. 3. On appeal from an order granting an injunction pendente lite, the su- preme court win not reverse the order, although the evidence tending to prove the idenrlty and continuity of veins would be insufficient upon a trial of the issues on the merits. — Heime et cU. v. li. d M. C. C. d 8. Mining Co., 265. Inspection and Survey — Interest Necessary. 4. To entitle one, under Code of Civil Procedure, Sec. 1317, to an inspec- tion of a claim for the purpose of ascertaining or enforcing his right or interest in anucher claim, he must have an interest in the hrst claim, and that the right of one owning a claim to follow a lode having its apex therein into another claim is not such an interest In the latter claim as to authorize his inspection and survey of it. — State ex rel. Anaconda C. M: Co. V. District Court, 396. Order of Inspection f»ud Survey. 5. Under the authority in Code of Civil Procedure, Sec. 1317 to order In- spection of a mine to ascertain and protect the interest of petitioner, ail the appliances in use for ingress and egress may be made available for the persons making the inspection. — State ex rel. Anaconda 0. M. Co. v. Dis- trict Court, 396. Inspection and Survoy — Order. 6. Inspection should not be granted of a mine not described in the peti- tion, under the authority in Code of Civil Procedure, Sec. 1317, for Inspec- tion and survey of a mine on petition. — State ex rel. Anaconda C. M. Co. V. DistiHct Court, 396. Inspection and Survey — Order. 7. The order authorized by Code of Civil Procedure, Sec. 1317, for inspec- tion and survey of a mine for protection of petitioner's interest therein or in another mine should be limited to the necessities of the case, and ex- plicitly state how far It may go. — State ex rel. Anaconda C. .1/. Co. v. Dis- trict Court, 396. Inspection and Survey — Costs. 8. Semble: The costs of obtaining the order under Section 1317, Code of Civil Procedure, as well as the costs of the survey and inspection, should be paid by the petitioner. — State ex rel. Anaconda C. M. Co. v. District Court, 396. Irspection and Survey — Order, 9. In the order granted under Section 1317, Code of Civil lrocedure, the court may provide that all appliances in use to facilitate ingress and Vol. XXVI-30 610 Mines and' Mining. egress be made available to the person making the Inspection, — the addi- tional expenses being paid by the petitioner. — State ex rcl. Anaconda C. M. Co. V. District Court, 396. Inspection and Survey — Order. 10. Under Code of Civil Procedure, Sec. 1314, allowing an inspection order to be made at any time pending an action to determine mining claims, the order may be planted before the issues are framed. — State ex rtl. Ilclmc et al. V. District Court, 416. Inspection and Surv<^y — Order. » 11. I'nder Code of Civil Procedure, Sec. 1314, authorizing an inspection order In actloiis to determine mining claims, where the respective parties assert title to certain ore bodies, each basing his claim on an asserted ownership of {he apex of a vein, to determine which will necessitate a following of the vein from the surface, the court may properly grant an order requiring the owner of the surface openings to allow the other party to enter such openings for the purpose of surveying beneath the surface, though the latter party had complete maps up to the commencement of the suit, after which It was excluded, and worlc of removing the ores rapidly pushed. — State f.i rcl. Ueinzc ct al. v. District Court, 416. Inspection and Survey — Order. 12. Wliere, in a suit to determine ownership of certain ore bodies, the parties base their respective claims on the asserted ownership of the apex of a vein, to determine which will necessitate a following of the vein from the surface, an trder requiring the owner of the surface openings to allow the other party to enter such openings for the purpose of surveying be- neath the surface should be limited to those openings alone an Inspection of which is necessary to determine the Issues, though examination should be allowed of all the workings made in pursuit of the vein In the direction of the strike, to determine the continuity of its direction as well as tL- angle of the dip. — State ex rcl. Hcinze et al. v. District Court, 416. Inspection and Surrey — Order. 13. Under Code of Civil Procedure, Sec. 1314, authorizing an inspection order in actions to determine mining claims, the fact that a temporary in- junction has beou issued does not preclude the issuanace of the Inspection order, as such prevision makes no distinction as to the character of relief sought.— /S7a/c <x rel. Hcinze et al. v. District Court, 410. Inspection and Su:'Vi?y — Order. 14. Where, in n suit to determine a mining claim, operations are con- tinued pending the action, the court may properly designate employes of the adverse party to make weekly inspection of the promises under reason- able restrictions.— fi-fafc ex rel. Ueinzc et al. v. District Court, 116. Inspection and Survey — Order. 15. The propriety of granting an order of inspection and survey, under Code of Civil Procedure, Sec. 1314, lies very largely in the discretion of the trial court.- State ex rcl. lleinze et al. v. District Court, 416. Inspection and Survey — Order. It. ^°»P^;t»o« t^rders should always be limlte<? by the necessities of the case.—State ex rel. lleinze ct al, v. District Court, 416. Mortgages. 611 Inspection and Survey — Order. 17. Section 1317 of the Code of Civil Procedure is not applicable wherd the petitioner se^erts no Interest in the property of which inspection Id sought, or thro igh which entry Is necessary to inspect adjoining property. — State ex rcl. Oeyman v. District Court, 433. Inspection and Survey — Order — Discretion. 18. Code of Civil Procedure, Sec. 1314, authorizes on good cause shown an order for the inspection of a mining claim involved in litigation, even though entry must be made through lands of the adverse party. .PlaintllT and defendant claimed adjoining premises under placer patents, and In an action for trespass plaintiff moved for an inspection. It appeared that plaintiff had no cpenings in his property, and therefore no means of ascer- taining the coiditloDS beneath the surface ; that defendants were mining on their own premises, and through drifts, some of them in the direction of plaintiff's premises, and that blasting could be heard, and the concussion felt, by persons lesldlng on the premises in the same relative position of plaintiff's premises ; that defendants had been removing large amounts of ore through their shaft for months, and had refused to admit any one thereto, or even to the inclosure about it ; that they denied that plaintiffs had any right to the minerals beneath their surface. The surface had been platted as an uadition to a city, the respective parties owning certain of the lots and blocks, and claiming the mineral rights to the middle line of the adjacent streets and alleys, so that prima facie they had no extra- lateral rights. I'tld, not an abuse of discretion to grant the order, subject to the limitation that the inspection should extend to no other workings than those made in the direction of plaintiff's property. — State ex rcl. Oeyman et al. v. District Court ct al., 483. Inspection and Survoy — Order — l']vldence. 19. The evidence upon which an order of inspection and survey is made, under Section 1314 of the Code of Civil Procedure, need go no further than would be necessary to support a search warrant in a given case. — State ex rel. Oeyman et al. v. District Court ct al., 483. MORTGAGES. Foreclosure. 1. Under Code of Civil Procedure, Sec. 1290, regulating actions to fore- close mortgages, and providing for a deficiency judgment after sale of the property, the holder of a note secured by a second mortgage is not r« (luireJ to foreclose durijig the period of redemption after the first raortprage has been foreclosed pnd the property sold thereunder, but he may wait till such period has expired and his lien Is determined, and ^hen sue on the note. — Brophy v. Downey et ux., 252. Foreclosure. 2. Where, in an action to foreclose a first mortgage, the mortgagee in a second mortgage is made a defendant and defaults, such action does not defeat the right of his assignee of the note to recover thereon after the time to redeem the premises from the foreclosure sale has expired. — Brophy V. Downey et ex., 252. Foreclosure. 3. Where parties are made defendants In a suit to foreclose a mortgage, the complaint r.Meglng that they "have or claim to have some Interest .n 612 Municipal CJorporations. or claim upon said premises, • • wblch interest or claims are subsequent to and subject to the lien of tbe plaintiff's mortgage," and the defendants make default, the effect of a sale of the mortgaged lands under a decree rendered therein, must be confined to liens acquired subsequent to tbe mortgage. — JSrophy v. Dotcnep et ux., 252. MUNICIPAL CORPOKATIONS. Defective Streets— Duty of CMty — Liability. 1. A city organized under Compiled Statutes 1887, General Laws, Fifth Division, Chapter XXII, being authorized to provide means by taxation to improve its streets, and by Section 325 to establish and improve streets, and by Section 435 given exclusive control of its streets, is responsible for damages occasioned by reason of its negligently permitting its streets to become and remain in a dangerous condition. — Snook v. Vily of Anaconda, 128. Defective Streets — lersonal Injury — Negligence — Pleading. 2. In an action for damages occasioned by a defect in a street, it is only where the complaint shows that the proximate cause of the injury wtis the plaintiff's own e<t, that plaintiff must allege (and prove) that in thus act- ing he was free from negligence. — Snook v. City of Anaconda, 128. Defective Streets — Personal Injury — Contributory Negligence. 3. Where, in an action against a city for damages resulting from a defect- ive street, the complaint, after alleging defendant's negligence, alleges that the injury was received "without fault' or negligence on plaintiff's part, ' contributory negligence is a matter of defense. — Snook v. City of Ana- conda, 128. m Defective Streets — Parsonal Injury — Trial — Evidence. 4. Where, in an action against a city for damages resulting from a de- fective street, it is admitted that the city, through its mayor and conncii and police, had personal knowledge of the defect before the accident, the error, if any, in admitting evidence that the overseer of streets said several days after the rccident that he knew of the defect, and had intended to repair it, was without prejudice. — Snook v. City of Anaconda, 128. Defective Streets — Duty of City to Repair. 6. Where a bridge in a city street is destroyed, the duty of the city to repair the street or give warning of the danger to travelers is not affected by the fact that the day after the defect was caused aappens to be Sunday. — Snook V. City of Anaconda, 128. Defective Streets— Duty of City — Liability. 6. A city is liable for injuries resulting from its negligently permitting its streets to be and remain in a dangerous condition. — May v. City of Anaconda, 140. Liability of Cities — Torts. 7. The fact that Political Code, Sec. 5036, declares that every city Is responsible for injuries to property within its limits by mobs or riots, does not indicate a kglslatlve intent to exempt cities from liability for all other torts.— J/ai/ v. City of Anaconda, 140. Negligence. 613 Defective Streets — Negligence of City. 8. Where a bowlder remains in a city street for many montlis, consti- tuting a dangerous obstruction, a finding that the city was negligent In so permitting the obstruction to continue is justified. — }fai/ v. City of Ana- conda, 140. Defective Streets — iVrsonal Injury — Liability of City. 9. lender Compiled Statutes 1887, General Laws, Fifth Division, Sec. 320, providing that the fee of streets shown on a city plat shall be vested in the city for the use of the public, a city which by ordinance has sic- cepted and has improved such a street, when sued for injury resulting from a defect In the street, cannot escape liability by denying that the locality is a street. — May v. City of AnacomlOj 140. Defective Streets — Tersonal Injury — Contributory Negligence. 10. Where plaintiff was injured by collision with a bowlder in an un- lighted city stnvit, which had been used and traveled for years, while he was driving slowly along the center of the street on a dark night, — he having no knowledge of the bowlder, — such act was not contributory negli- gence.— May v. City of Anaconda, 140. City Water Supply — Condemnation — Pleading. « 11. A complaliit by the city for the condemnation for a water supply or certain water rights In a stream Is not defective for failing to allege that the water supply can be procured without incurring an Indebtedness which, with the exlsti.ig indebtedness, will exceed 3 per cent, of the assessed valuation, or that the Hmlt was extended by having the question sub- mitted to the voters, and that a majority of the votes was in favor of the proposition, notwithstanding Constitution, Aft. XIII, Sec. C, prohibiting a city from incurring an indebtedness, including existing Indebtedness, ex- ceeding 3 per cent, of the assessed valuation, unless the limit shall be extended by a vote of the people for the purpose of procuring a water supply. — City of Helena v. Rogan et al., 452. MURDER. See Criminal Law. NIOGLIGKNCE. See Municipal Couihuiations. Plkadino, 10. Burden of Proof — Evidence — Contributory Negligence — Ordinary Care. 1. Where plaintiff's evidence in an action for Injuries shows that the injuries were caused in whole or in part by his own acts, the burden is cast upon him to prove that he was exercising ordinary care at the time. — Cummings v. Helena A Livingston S. d R. Co., 434. Evidence Contributory Negligence — Nonsuits. 2. Where, in. an action for injuries, plaintiff's evidence shows, beyond question, that his own omission to use ordinary care contributed imme- diately to, or itself caused, the injury, a nonsuit should be granted. Evidence reviewed, and held, that plaintiff, in proving the circumstances of the accident and injury, succeeded in establishing for the defendant the 614 New Trial. defoDse of conlributory negligence, and hence, the granting of a nonsuit was proper. — Cumminytt v. Helena <£ Livingston 8. <t R. Co., 434. NKW TRIAL. Appeal. 1. ' Where an order granting a new trial is silent as to the grounds on which it Ik bns<^d, it will be affirmed, if it can be Justified on any ground on which the motion was predicated. — State v. Foster, ^l. Appeal. 2. Where there is a substantial conflict in the evidence the action of the trial court in granting or denying an application for a new trial on the ground that the evidence Is insufficient to justify the verdict, or that the verdict Is contriry to the evidence, will not be disturbed on appeal. — State v. Foster, 71. Duty of Trial Court — Appeal. 3. Where there is no sub.stantial evidence to support the verdict it is the duty of the trial court, as a matter of law, to vacate and set aside the verdict, and if it refuse to do so its action will be held erroneous. — State V. Foster, 71. Statement — Insuflicicncy of Kvidence to Justify Verdict. 4. Where the only specification in the statement for a new trial is that the evidence is luFufflcient to support the verdict "in Anding for the plain- tiff in the sum of $05.70, with Interest," and that the "verdict is contrary to the evidence," there is a failure to comply with the requirement of Code of (Mvil I'roc-Mlire, Sec. 1173, that when the motion is for insufficiency of evidence the staiement shall specify the particulars in which such evidence is alleged to be insufficient.— Ai»i£/ v. Lineoln, 157. Jury Bound by ('har;;e — Duty of Court. 5. A jury Is bo'ind by the law given by the court, whether correct or not» — except, possibly. In pre sccutions for libel. Evidence reviewed, and held, that a flnding by the jury, that there was an account stated, was contrary to the law as given by the court, and that the court should therefore have granted a new trial, oven though it became satisfied that its Instruction was wrong. — Kiufj v. Lincoln, 157. New Trial— Statuto/y (Jrounds. • 6. New trials are statutory : if granted, they must be granted upon statu- tory grounds, nnd none other. — Porter et at. v. Industrial Printing Co,, 170. Surprise and Accidoat. 7. A trial court found certain counterclaims to have been sufficiently pleaded, and (l»faulted the plaintiff as to the same, on failure to reply; relying on which default defendant Introtiuced no evidence, on reference of the case, to prove the counterclaims. The court adopted the findings of the referee, but declared that part of the counterclaims only were suffi- ciently pleaded. Jlchl, a new trial would be allowed defendant, as such action of the court was surprise and accident which ordinary prudence could not have guarded against. — Porter et al. v. Industrial Printing Co., 170. New Trial. 615 Delay — Denial of Motion. 8. Under Code ci Civil Trocedure of 1805, Section 1174, providing that a motion for a new trial may be brought to a hearing on motion of either party, the delay of a party in bringing his motion for new trial to a hear- ing is not ground for denying the motion. — Wyman ct al. v. Jensen et al., 227. 15111 of I^xccptlons— Time of Filing. 1). Under Code of Civil I'rocedure, Sec. 1173, providing that, when a mo- tion for new trial is made on a bill of exceptions, the party shall have the name time, after service of the notice of intention to move for a new trial, to serve such bill, as is provided after entry of Judgment by Section 1155, — that Is, 10 days, — and 10 days after service of such notice to serve a Ktacemeut of the case, and in either case the Judge may extend the time for 30 days in addition to the statutory time, where a Judgment is en- tered on June 0th, notice of 'ntention to move for new trial is served on the 16th, and on the 25th the Judge extends the time to serve the bill of exceptions to July 2Glh, the service of the bill on July 24th is in time, and it may be used on appeal from the Judgment. — Whalen et al. v. Har- rison, 310. Appeal — Notice of Intention. 10. Since the i ctlce of intention to move for a new trial Is not one of the papers recpiired to be sent up by copy by Code of Civil Procedure, Sees. 1170, 17.{S. but should be embraced In the statement or bill of exceptions, which are of ihe required papers, where It Is not so embraced, though all the papers required by statute are before the court, the dismissal of the appeal Is not the proper remedy, but the order denying the motion for a new trial will be affirmed. — In re Reilly'a Estate, 358. Scandalous Affidavits. 11. An ordfr of the trial court striking out affidavits filed in support of a motion for a r>ew trial on the ground that they were disrespectful, scan- dalous and coiitemptuous, being an order made in the exercise of the court's discretionary i)ower, mandamus will not lie to compel their restoration, even though it be conceded that the discretion was not wisely exercised. Obiter: The trial court has no power to prevent the party claiming to be aggrieved by nn order striking out — as being scandalous and contemptuoua — affidavits filed In support of a motion for new trial from having the same reviewed by the supreme court, and to this end should settle a bill of ex- ceptions embodying the matter. — State (x vvl. Finhn v. District Court, 372. Unnecessary Delay In Determining Motion — Hurden of Proof. 12. The relator In mandamus to compel the trial Judge to determine the motion for a .lew trial, the decision of which Is alleg>d to be unnecessarily delayed, has the burden of showing such unnecessary delay. — State ex rel. Finlen v. District Cotn-t, 372. Unnecessary Delay In Determining Motion. 13. The mere fact that the trial Judge had delayed the determination of a motion for a new trial for 45 days Is not sufficient, in mandamus proceed- ings to compel a decision thereof, to show that the court has unnecessarily delayed the decision. — State ex rcL Finlen v. District Court, 372. 616 Nonsuit Non8uit— rallure to Stand on Motion. 14. Where a defendant fails to stand on an adyerse rnling on a motion for nouHult, ind there l>e Introduced tliereafter other evidence which sni)- plieH the defe<'tH In plaintiff's case, such evidence inures to plaintiff's l>ene- fU. and cures the defect, so that it cannot be urged as a ground for new trial.— T. C. Poirrr it al. v. titockiiuj ct al., 478. Order Denying New Trial — Api>eal — IJeview. l.'i. I'nder Code of Civil Procedure, Sec. 1170, declaring a new trial to De a re-examinati>n of an issue of fact in the same court after a trial and decision, and Section 1171. Subd. 7, authorizing a new trial for an error of law <K'curring at the trial, duly excefit^d to and materially affecting the suhRtantlal rights of the moving party, the point that the complaint faMs to state facts s<ifflcient to constitute a cause of action, made by demurrer, which was overruled before the trial, and not renewed or otherwise pre- sented at the r/ial. cannot be considered on an appeal from an order deny- ing a new trial. — CharUs Hchatzlcin Paint Co. v. Paanmorc, 50U. Order Denying New Trial — Apijeal— Kevlew. 10. The supreme court will not reverse an order of the district court de- nying a new trial, though the evidence, as it appears in type, seems to preponderate ngainst the verdict, since the weight of the evidence was for the jury, — Vhnrlcs tichatzhin Paint Co. v. Passmorc, 500. NONSUIT. Action on Note Se^'iired by Mortgage. 1. Where, in an action on a note, defendants allege that the note is se- cured by a mortgage which has not been foreclosed, the fact that at the coQinieiuement of the action plaintiff made an affidavit for attachment. In which he stated that without Ills fault such security had become worth- IfSfl, could not i.ffect the action of the court on a motion for nonsuit, where such affidavit was not offered in evidence, nor its contents proved. — Jiroithii v. Doiri'cjf ct ux., Iiri2. Contract Against Public Policy. 2. Evidence reviewed and hrhl. that tlie court erred in denying a motijn for nonsuit on ihe ground that the contract sued upon was void as against public policy.— ]\'halin it al. v. Harrison, 31(1. Rule of Consideration. n. On motion lor a nonsuit, the evidence will be »'egarded In the light mo«t favorable to plnlntiiY, and that which It tends to prove must be taken as proved. — C>i>n-nintjH v. IJtJvna d Livinpaton S. d R. Co., 434. Rul^ of Conslderatim. 4. Where pInimllTs own evidence shows that he ought not to recover, a nonsuit slionld Je granted.- Cummiiuja v. Helena d Livingston H. <t li. Co., 4:m. Evidence — Contributory Negligence. r». Where, in nn action for Injuries, plaintiff's evidence shows, beyond cjueHtion. that Lis own omission to use ordinary care contributed imme- diately to. or lisoif .caused, the Injury, a nonsuit should be granted. riiYsiciANS ANi? Surgeons. 617 Kvidonce reviewed, and laid, that plaintiff, in proving the circumstances of the accident inid injury, succeeded in establishing for the defendant the defense of contributory nepligence, and hence, the granting of a nonsuit was proper. — Ciriuninfj)s v. Helena d Livingston ^\ rf li. Co., 434. Failure to Stand on Motion — New Trial.' (J. Where a defendant fails to stand on an adverse ruling on a motion for nonsuit, and there be Introduced thereafter other evidence which supplies the defects in plaintiff's case, such evidence inures to plaintiff's benefit, and cures the ilefcct, so that it cannot be urged as a ground for new trial. — T. C. Voxccr (I al. v. StocJcing ct al., 478. PAUTNIOUSIIIP. Dissolution — Accounting — I'vldence. 1. Whore, in :pi action for an accounting between the members of a firm engaged in operating a ranch on government land, defendant recognized that plaintiff h.id succeeded to the interest of defendant's former partner, and t^at the lands had l)een used by plaintiff and defendant for the pur- poses of the business of both, error, if any. In admitting In evidence a deed from defendant's former partner to plaintiff for her interest In such land on the ground tliat the grantor could not convey any title to the govern- ment land, was harmless. — ^y hippie et al. v. iftuart, 1!10. Partnership rroi)erty. 2. Where a ranch partnership agreement provided that the firm should continue as long as the parties cotild mutually agree, and defendant noti- fied plaintiff that he would not consent to the buying of a bull which plain- tiff desired to buy to Improve the concern's cattle, and defendant staked off 1(50 acres of the government land that had been used In the business, and notified plauitlff that he Intended to hold the same as his own, the bull subseqtiently ]>ur -hased by the plaintiff was not the property of the firm. — Whipple et al. v. isiuart et ah, 1»10. rartner.shlp Property. 3. Where a firm engsjged In cattle raising fenced a ranch on government land, which th(»y i:std In common for the purposes of the business, and de- fendant, one of the partners, staked off 160 acres of the land within the fences for his private use, and claimed the same as his own, such partner was not entitled to the natural hay growing on such IGO acres as against the other memot»rs of the firm, on the pretense that such natural hay was frurttis vaturulis on government land, and therefore became the property . of the first tak'»r.— ^y hippie et al. v. SHuart, 210. PIOKJUKY. See CuiMixAL Law. PHYSICIANS AND SURGEONS. Right to irnctice l^fedlclne Pending Appeal from Refusal of Medical I$oard to Grant Certificate. 1. Whetlier acting under Its general constitutional powers or as exercising a special and limited Jurisdiction derived exclusively from the statute (I'olitical Code, Sec. C03), the district court has no power to allow an 618 Pleading (Civil.) applicant to pr;r?tice medicine pending his appeal from a refusal of tlie Btate board of medical examiners to i^rant him a certificate. — State ex rcl. State Board of Medical Examiners v. District Court, 121. Api)eal from Action of Medical Board — Burden of Proof. 2. Where an applicant is refused a certificate by the board of medical examiners, and ne appeals, the burden is upon him to establish his right to practice medici.i? ; but on an appeal from the action of the medical board in revoking a certificate, the burden rests upon the state as represented by the board to establish the fact that the person whose certificate it has re- voked has forfeited his right to practice medicine. — State ex rel. State Board of Medical Examiners v. District Court, 121. PLEADING (Civil). Defective Streets — r?rsonal Injury — Action for Damages. 1. In an action for damages occasioned by a defect In a street, It is only where the complaint shows that the proximate cause of the injury was the plaintiff's own f.ct, that plaintiff must allege (and prove) that in thus act- ing he was free from negligence.— /S'lioo A- v. City of Anaconda, 128. Complaint. 2. Obiter: The Incorporation in a complaint in one case of the allega- tions contained in a complaint In another and separate cause, naming other parties ds (Jpfeii lants by reference merely, Is of very questionable propriety. — Wctzstein v. Boston d Montana Consol. C. rf S. Minint/ Co., 193. Action to Set Aside I'raudulent Conveyance — Complaint. 3. Where, in an action to set aside a conveyance of both real and personal property as fniiidulent toward creditors, the complaint does not show that plaintiff has a Hen on such property. It fails to state a cause of action for such relief, and an objection to the admission of any evidence thereunder should be sustained. — Wjfman et al. v. Jensen ei al., 227. Equity— Bill. 4. In an appeal to a court of equity it is indispensable that the allegations of the bill be cb^ar and exact In the statement of all material facts consti- tuting the plalatiiT's cause of action. — ir/ymait et al. v. Jensen et al., 227. Action to Set Aside Iraudulent (Conveyance — Complaint. 5. Where, In an action by a judgment creditor to set aside an assignment by the debtor ci real estate as fraudulent as to plaintiff, the complaint falls to give the location of such real estate or any description thereof, other than that It docs not exceed a specified value, an objection to the admission of any evidence should be sustained ; the complaint falling to disclose a lien in favor of the judgment creditor. — Wyman et al. v. Jensen et al, 227. Action to Set Aside fraudulent Conveyance — Complaint. (J. I'nder Code of Civil IM-ocedure of 18n."», Section 1107, providing that a Judgment becomes a lien on realty from the time It Is docketed, a com- plaint by a Jud;?ment creditor to set aside his debtor's conveyance of realty as fraudulent, wbich does not allege the docketing of the creditor's Judg- ment, Is Insufficient. — M'f/man et al. v. Jensen et al., 227. Pleading (Civil.) 619 Amendment. 7. Where, in an action by a judgment creditor to set aside a fraudulent conveyance by tbe debtor, a Judgment for plaintiff is reversed because of the insufficiency of the complaint, the trial court should permit plaintiff to amend. — Wi/man ct al. v Jensen ct al., 2^1. Action on Note Seoared by Mortgage — Answer. 8. Where, in a.i action on a note, tlie answer alleges that the note was secured by a I'eal estate mortgage executed at the same time, which has not be^n foreclosed, such allegation is a defense, and not a counterclaim, and hence a reply is not necessary, under Code of Civil Irocedure, Sees. 720-723, 7r)4, requiring a reply to a counterclaim. — Brophy v. Downey et ttx., 2r»2. Action on Note SecMrod by Mortgage — Complaint. 0. Where a note was secured by a second mortgage, which has become of no value because of foreclosure of the (Irst mortgage and expiration of the time of redemption, the complaint in an action on such note need not refer to such mortgage or loss of security, the action not being to enforce such security under Cede of Civil Procedure, Sec. 1290, providing that there shall be but one action to recover a debt secured by mortgage or to enforce such security, which action must be in accord with the provisions of that chapter relating lo mortgage foreclosures. — JJrophy v. Downey ct uje., 252. Contributory Negligence. 3 0. Though, In actions for injuries, the absence of contributory negligence need not be pleaded, if the complaint shows that plaintiff's own act was a proximate cau^^e of the injury it must also state his freedom from negli- gence in doing such act. — Cumminga v. Helena <£• Livinyston A?, d R. Co., 434. I ! City Water Supply — Condemnation — Complaint. I 11. A complaint by the city for the condemnation of a water supply of j certain water rights In a stream Is not defective for falling to allege that the water supply can be procured without incurring an indebtedness which, with the existing Indebtedness, will exceed 3 per cent, of the assessed valuation, or that the limit was extended by having the question submitted to the voters, and that a majority of the votes was in favor of the propo- sition, notwithsjhnding ('onstltution, Art. XIII, Sec. 6, prohibiting a city from incurring an Indebtedness, Including existing Indebtedness, exceeding 3 per cent, of the assessed valuation, unless the limit shall be extended by a vote of the people for the purpose of procuring a water supply. — City of Helena v. Royan et al., 432. City Water Supply — Condemnation — Complaint. 12. A complaint by a city for the condemnation of water rights in a stream for a wacer supply Is not defective for falling to allege that It has a^ right of way to the stream, or that it will be able to get one. — City of Helena v. Rogan et ah, 452. City Water Supply — Condemnation — Complaint. 13. A complaint by a city for the condemnation for a water supply of water rights In a stream, alleging that defendants "claim to be the owners of and entitled to the right"' of a designated quanilty of water of the stream "for Irrigating purposes" In a certain county, is fatally defective for failing to describe the lands, the number and size of the ditches thereon 620 Principal and Agent. or appurtenant thereto, and the place of diversion, though It would Involre great labor and expense to so describe the property. — City of Uelena v. liof/an et al., 452. City AVater Siipplj' — Condemnation — Complaint. 14. A compIai.it In proceedings to condemn for a city water supply water already appropriated to a public use must allege facts which show that the use for \vhi„h the water is to be taken Is more necessary than the existing u.se, the lelative degrees of necessity being a question for judicial determination. — City of Jlclcna v. Royan et al., 452. City Water Supply — Condemnation— Complaint. 15. Quaere: In a proceeding by a city for the condemnation of water rights for a water supply, is a complaint good which does not state facts suOlcIent to show the court that it is Impossible for the city to appro- priate an ample supply from the unappropriated waters of the stream? Quaere: In a piocecding by a city for condemnation of water rights for a water supply, is a complaint or decree good if it employ only the word •inches" in relation to the measurement of water? — Vity of Helena ▼. lioi/an et aL, 452. I'llKSl'MPTIONS. As to instructions on the presumption of innocence, see Instructions, 2. As to erroneous instructions, see Instkuctions, 5. As to error being presumptively prejudicial, see Aiteal, 0. •PHINCII»AL AND AGENT. Mobility of I'rincipal. 1. A principal is bound only by the authorized acts of his agent, and prior authority or subsequent ratification must be shown In order to render the principal answorable ex eoniraetu for the conduct of his agent. — Spclman V. Gold Coin Mining d- Milling Co., 76. Gtneral Manager of Mining Company — Authoritj'. 2. The fact -hat a certain person Is genesal manager of a mining company does not. In and of Itself, imply authority In him to bind the company In matters other than those of its ordinary business affairs. — Spclman v. Gold Coin Mining d Milling Co.j 7G. Ccm tract — Ratification — I':vidence. 3. AVhere plaintiff sought to recover for medical services rendered to em- ployes of a mining corporation by virtue of a contract with the manager and secretary, testimony by a physician, whom plaintiff had called to his assistance, that he was paid by a check on some part of which appeared the name of the corporation, and that It was his Impression that It was signed by the corporation, "per some one elses order," was not sufficient evidence of a ratification by the corporation of the secretary's contract, — f<I)elman v. Oold Coin Mining d MiUing Co., 76. C'jr.tract—Katlfication — Evidence. 4. A creditor of a raining company sought to have Us president execute a bill of sale for certain machinery purchased from defendants. The presi- dent refused, but referred the creditor to the company's superintendent. Promissory Notes. 621 who executed such bill, signing it as manager of the company. The directors of the company, with the exception of the president, resided in another state, and the president had the general management of Its affairs within the state. The creditor testified that he informed the president that the bill had been executed, and that the president knew the character of the transaction, but did not want it known that he was cognizant of the trans- action, and thnt he was in the immediate vicinity when the creditor took possession of the property. Defendants sued, and attached the machinery as the property of the company. Held, that the evidence of the ratification of the bill of sale by the corporation was sufilclent to Justify the court in submitting that (;ue8tion to the Jury, together with the bill of sale. — Trent ct al. V. Sherlock, 85. Uuauthorized Acts of Agent. 5. A contract made for his principal by an agent, but Entirely without the scope of nls authority, is no more binding, until ratification, than if made by a straager. — Trent et al. v. Sherlock, 85. Presumption. 5. The presumption that the agent has imparted his knowledge to his principal does not prevail where the agent is acting in his own or another's Interest, and adversely to that of his principal ; particularly when the agent is acting, not as agent, but openly and avowedly for himself. — Stanford v. Coram, 285. PROMISSORY NOTES. Action on Note Secured by Mortgage — Pleading. 1. Where, in an action on a note, the answer alleges that the note was secured by a real estate mortgage executed at the same time, which has noc been foreclosed, tuch allegation is a defense, and not a counterclaim, and hence a reply 'a not necessary, under Code of Civil Procedure, Sees. 720- 723, 754, requiring a reply to a counterclaim. — Brophy v. Dotoney et Wf., 252. Action on Note Secured by Mortgage — Nonsuit 2. Where, in a:i action on a note, defendants allege that the note is se- cured by a mortgage which has not been foreclosed, the fact that at the commencement of the action plaintiff made an aflldavit for attachment, in which he stated that without his fault such security had become worthless, could not affect the action of the court on a motion for nonsuit, where such affidavit was not offered In evidence, nor its contents proved. — Brophy v. Dotcney et vx., 252. Action on Note Secured by Mortgage — Defense. 3. Where, In an action on a note, defendants allege that the note is se- cured by an untoreclosed mortgage, it is irregular to show such defense by cross-examination of plaintiff's witness. — Brophy v. Downey et ux., 252. Action on Note Secured by Mortgage — Evidence. 4. Where, In an action on a note, the court had admitted evidence that the note was secured by a mortgage, it was error to refuse to receive evi- dence that the mortgage was second to another, which had been foreclosed, that the property had been sold, and the time of redemption from such sale had expired. — Brophy v. Dotcncy et ux., 252. 622 Public Pkinting. Action on Note Scjured by Mortgage — Pleading. 5. Where a note was secured by a second mortgage, wblch has become of no value because of foreclosure of the first mortgage and expiration of the time of redemption, the complaint In an action on such note need not refer to such mortgage or loss of security, the action not being to enforce such security under Code of Civil Irocedure, Sec. 1290, providing that there shall be but one p.ctlon to recover a debt secured by mortgage or to enforce such security, vvlilch action must be In accord with the provisions of that chapter relating to mortgage foreclosures. — Brophy v. Doicney ct ux., 252. Guaranty — Renewals — Compound Interest. G. Though an antecedent agreement to pay interest on interest to become due is void, panics may substitute a new note for an old one which is due, and lucorpornre in the new one accrued Interest remaining unpaid ; and hence a guarantor of a note and renewals will be required to pay interest on the accrued interest unpaid at the time of the renewal and made a part of its principal.- iftatifoni v. Coram, 285. Compound Interest. 7. Civil Code, Sec. 2r>87, providing thnt parties may contract In writing that unpaid Inte/ost shall become a part of the principal and draw interest, does not affect notes or agreements made before its adoption in 1895. — titanford v. Coram, 285. Renewals. 8. A party gua..'an tying a note and renewals cannot be relieved of his obligation to pay Interest and attorney's fees, as provided by a renewal note, on the ground that his burden has been increased, when the evidence does not show that the original note d'd not contain such provisions; for it will be presumed that the original and renewal notes contain the same provisions. — /Stanford v. Coram, 285. Demand — Waiver. 0. A finding that a demand has been made upon a guarantor to pay a note guarantied by him, though not supported by plaintiff's evidence that the guarantor stated that suit would have to be brought before he would pay, is harmless error ; for the evidence warrants a finding that the guarantor waived a demand. — Stanford v. Coram, 285. Guarantor — Liability. 10. Under Civil Code, Sec. 3650, providing that a guarantor is exonerated, if by an act of the creditor without his consent the original obligation of the principal is altered, or the remedies or rights of the creditor against the principal are Impaired, a guarantor of the payment of a note Is re- lieved from liaDllity when the holder's cashier, with the holder's knowl- edge, accepts as payment from the principal debtor a conveyance of land, and cancels the note, and himself executes a note to the holder for the amount of the debt of the principal debtor.— ;S«an/ord v. Coram, 285. PUBLIC POLICY. See Contracts^ 5. PUBLIC PRINTING. Advertisements for Proposals to Furnish Supplies. Advertisements for proposals to furnish supplies are not public printing Rules or the Supreme Court. 623 within the lani^uage or spirit of Section 30, Art. V, of the Constitution. — " State ex rcl. Robert Mitchell Furniture Co. v. Toole et ah, 22. REAL ESTATE. Purchaser — Quitclaim Deed — Notice. 1. A purchaser of real estate Is not chargeable with record notice of a convej'ance by the person from whom his vendor had acquired title by a quitclaim deed cicecuted after the execution of the latter deed. — Choicen v. Phelps et al., 524. Purchaser — Trust Agreement Affecting Land — Notice. 2. A purchaser of real estate is not chargeable with notice of a trust agreement affecting the land, between his vendor and a person to whom the land has been conveyed by the person selling to the vendor, made after the conveyance to the latter. — Choiven v. Phelps et al., 524. Express Trust in Laud. 3. An express trust In land can only be created by a conveyance in writ- ing, which is accepted by the grantee, showing the purpose for which the grantee holds tne property. — Chowen v. Phelps et al., 524. Action to Enforce an Express Trust in Land — Complaint. 4. A complaint in an action to enforce an express trust In land must al- lege a conveyance in writing, accepted by the grantee, which shows the purpose for which the grantee holds the property. — Chowen v. Phelps et al., 524. ROBBERY. See Criminal Law. RULES OF THE 8UPREME COURT. As to rule providing for the printing of transcripts on appeal, see CUNSTITUTION, 4. Laches in Filing Transcript. 1. Under Supreme Court Rule IV, Subd' vision 2, an appeal will be dis- missed where appellant is guilty of laches In not filing the transcript with the clerk of the supreme court within 00 days after the appeal was per- fected.— tihadrillc v. Barker et al., 45. Defective Brief — Affirmance of Judgment. 2. Where appellant's brief falls to comply with the requirements of Sub- division 3 of Rule X of the Supreme Court, the Judgment appealed from will be affirmed. — Beer v. Lieiieman et al., 92. Defective Brief. 3. Under Supreme (^ourt Rule X, an order appealed from will be affirmed where the statement of the case In appellant's brief does not conform to the rule. — MatU'icvitz v. Hughes, 212. Defective Brief. 4. Where, appellant's brief contains no reference to any line or page of 624 State Agricultural College. the transcript uhere the matters referred to in certain assignments of error can be I'ound, such assignments wili not be considered. — Matusevltz V. Hughes, 212. Certiorari — Affidavit. 5. Where an affidavit applying for a writ of review does not set forth a copy of tlie order complained of, as required by Rule II of the Supreme (!ourt, nor state any reason for such noncompliance, the application will be denied.— ISIate cjp rel. licaly v. District Court, 224. Defective Brief. 0. Where appellant's brief fails to comply with the lequlrements of Sub- division "a" jf .Section 3 of Rule X of the Supreme Court, the judgment appealed from will be affirmed (unless the respondent moves a dismissal ot the appeal because of such failure). — Kranivh v. Helena Consolidated Water Co., 370. Defective Brief. 7. A failure on the part of appellants to conform their brief to the re- requirements of Subdivision 3 of Rule X of the Supreme Court, precludes a hearing of the appeal on the merits.— T. C. Poicer et al. v. Blocking ci al, 478. Defective Brief. 8. An appeal wherein the appellant's brief cop tains no assignment of the errors relied on, as is required by Subdivision b' of Rule X of the Su- preme Court, will be dismissed on respondent's motion. — DriacoU v. Shieldij, 494. Defective Brief. 0. An order denying a new trial will be affirmed on appeal where appel- lants' brief falls entirely to comply with Subdivision 3a of Rule X of tbe Supreme Court, fails to make any reference by line or page to the tran- script, and the nppeal from the order denying the motion for a new trial is not referred to or submitted in the statement. — Warren v. Humble et at., 495. STATE AGRICULTURAL COLLEGE. Grant of Lands by United States — Appropriation by State. 1. Act of Congress February 22, 1889, granted to the state, subject to Act of Congress July 2, 18G2, certain lands for the use of agricultural colleges. Act of Congress July 2, 18G2, provided that lands so granted should be sold, SLUd, the proceeds invested as a perpetual fund, the interest to be appropriated to the support of at least one college in such manner as the legislature might prescribe. Constitution, Art. XVII, Sec. 2, provided for the temporary leasing of such lands until they should be sold, and Article XI, Sec. 4, authorized such sale. Article XI, Sec. 12, devoted the Interest on Invested funds from sales and rents from leased lands to the mainte- nance of the Institutions to which the grants belonged. Political Code, Sees. 3470-3r>10, 8590-3595, authorizes the leasing of unsold lands by the land commissioner, and the payment of revenues derived therefrom Into the state treasiiry. Id. Sec. 1516, declares that the board of education shall receive all funds and Incomes to wh'ch any of the state educational institutions may be entitled to be used for the specific purpose of the grant. Section 1513 provides that the state treasurer shall be the treasurer of Statute of Limitations. 625 this boards Section lG2,'i gives the immediate control of the State Agri- cultural College to an executive board, the treasurer of which should give bond to the state board of education. Held, thatrthe legislature had not failed to prescribe how the income from the grant should be appropriated to the support of the agricultural college, and It was the duty of the state treasurer to pay the warrants drawn by the executive board on the Income in his possession. — State ex rel. Koch v. Barret^ 62. Disbursement of Trii^t Funds. 2. The funds and income derived from the grant were trust funds, to be disbursed through the agency of the state, and were not subject to Consti- tution, Art. VII, Sec. 20, providing that claims against the state other than for the salary or compensation of a public ofllcer should be audited and allowed by the Ftate board of examiners, and paid only on the warrant of the state auditor. — State ex rel. Koch v. Barret . 02. Income from Leases. * 3. The income from the lease of the lands granted was available for the use and support of the agricultural college, it not beiug a condition prece- dent to its right thereto that the lands should be sold, and the proceeds invested so as to provide an Income from Interest thereon. — State ex rvl. Koch V. Barrett C2. STATE FUKNISIIING BOARD. Kescinding Contract — Mandamus. 1. Where the state furnishing board regularly accepts a bid for the fur- nishing of supplies to the state, and subsequently refuses to sign the formal contract, a writ of mandate to compel such action is not obnoxious, as iu effect a suit against the state. — State ex rel. Robert Mitchell Furniture Ca. V. Toole et al., 22. liescindlng Contracts — Union Labor. 2. Under Tolitkal Code, Lee. 707, providing that the state furnishing board must award the contract for supplies for the state to the lowest responsible bidder, where the board regularly accepts a bid for supplies its action in sub8t»quently attempting to rescind the contract because the bid- der is shown to be a corporation employing non-union workmen, and hostll** to labor organizations, is void. — State ex rel. Robert Mitchell Furniture Co. V. Toole et al., 22. Contracts — Lowest Icesponsible Bidder — Mandamus. 3. That the refusal of the state furnishing board to award a contract to the lowest respoosible bidder is merely erroneous. Is not sufficient to Justify the issuance of the writ of mandate. — State ex rel Robert Mitchell Furni- ture Co. V. Toole et al., 22. STATUTE OF LIMITATIONS. Personal Action to Collect a Tax. 1. Compiled Statutes of 1887, First Division, Section 42, Subdivision 2, as amended by Laws of 1893, page 50, and Code of Civil Procedure of 1895, Section 520, limit the time for commercing a personal action to col- \ OL XXVl-40 626 Statutes. lect a tax to two years. — Hoard of County Commis^ioncra of Custer Co. v. Htorj/, 517. I'ersonal Action for ihe liecovery of Debt. 2. With respect to personal actions for the recovery of debt, statutes of limitation are not statutes of release or liquidation ; they affect the remedy, and not the right. — Board of County Commisttioners of Cuister Co. v. Story, oil. Monej' Had and Ueceived — Trusts — Fraud and Mistake. 3. PlaintiflTs son, who owned a part interest in common in certain real estate, conveyed his interest to D.. who was also a part owner, under an oral agreement U'tween the owners that it should be held and sold by D. as trustee. Thereafter the son sold and conveyed his interest to plaintiff, who conveyed to I>. under a similar trust arranged with him, and he there- after conveyed The land to defendant (\, who was a part owner, in trust to l>e held and sold for the benefit of the owners. The latter sold the property and paid the proceeds to defendant P., who was also a part owner ; the plaintiff having no Icnowledge thereof till within three years of the commencement r.Z an action to require defendants to account, though the land was sold prior to such time. Defendants nad no knowledge that plaintiff had an interest in the land, and there was no evidence showing a trust relation between plaintiff and defendants, or a concealment of the facts by defendants. Held, that the action was for money had and re- ceived, barred H'ithin three years, under Code of Civil Procedure, Sec. 514, fixing a three-year limitation for actions on contract, account, promise, obligation, or liaoility, and that there was no fraud or mistake, within the meaning of Act of March 9, 1893, providing that limitations shall not ron against actions fcunded on fraud or mistake till the fraud or mistake is discovered ; the clefendants owing no duty to plaintiff to notify her of th^ transaction. — Choicen v. Phelps- ct al., 524. STATUTES. (List cf Statutes of Montana Cited or Construed.) Codified Statutes of 1871-72. Page 107, Section 370 385 Page 110, Section aSl 385 Page 271, Section ir» 313 Revised Statutes of 1879. Code of Civil Procodnre, Section 586 476 Laws op 1881. Page 10 (Inspection of Mines) 403 Compiled Statutes of 1887. First Division (Code of Civil Procedure). Sec. 28 520 Sec. 42 519, 520, 521, 531 Sec. 49 ; .520. 521 Sec. 186 236 l^ECOXD Division (Probate Practice Act). Sec. 75 08, 100 Sec. 76 95^ 96, 100 Statutes. 627 Sec. 3r»i : .^ 97 Sec. 358 03, 96, 97, 100 Sec. 362 : 97 Sec. 367 101 Sec. 369 101 Sec. 377 101 Sec. 386 101 Sec. 387 94, 95, 96, 100, 101, 107 Sec. 388 95 Sec. 402 101 Sec. 407 95 Fourth Division (Criminal Laws). Sec. 15 313 Sec. 200 246, 247, 509, 513 Fifth Division (General Laws). % Sec. 320 144 Sec. 325 134 Sec. 435 ^ 134 Laws op 1880. Page 225 (Taxatloa) 523 Laws of 1891. Page 227 (County Auditor) 393, 394 Page 249 (Information) 16 Laws of 1893. Page 50 (Limitations) 519, 531, 532 I'age 171 (State Agricultural College Lands) 64 Codes of 1895. (Political Code.) Sees. 600-608 122 Sec. 603 124 Sees. 705-710 27-37 Sec. 872 226 Sec. 1318 430 Sec. 1321 430 Sec. 1354 428, 430 Sec. 1513 66 Sec. 1516 66, 67 Sec. 1625 67 Sec. 1628 64 Sees. 3470-3595 65 Sees. 4270-4274 429, 430 Sec. 4312 394, 395 Sec. 4318 117 Sec. 4319 117 Sec. 4328 392, 394 Sec. 4331 392 Sees. 45604570 394-396 Sec. 4636 49, 226 Sec. 4700 134 Sec. 4800 134, 469 • 628 Statutes. Sees. 4875-4880 '. 13t See. 5036 1412 Sees. 5181-5186 393, 394, 395 See. 5186 531 Sees. 5190-5193 394 (Civil Code.) See. 191 534 Seis. 1880 et seq. .. : 477 Sec. 1882 475 See. 2587 294 Sec. 3650 304 See. 3754 261 (Code of Civil Procedure.) See. 19.. : 491 Sec. 21 488, 53G Sec. 23 .488, 493 Sec. 402 244, 243 Sec. 420 250 Sec. 423... 244 Sec. 513 532 Sec. 514 531, 532 Sec. 520 520 Sec. 610 470 Sec. 685 239 Sec. 720 253, 254 See. 721 253 Sec. 722 253, 254 Sec. 723 253 Sec. 754 253 Sec. 872 201, 202 See. 875 201 Sec. 877 '. 201 Sec. 890 254 Sec. 891 254 Sec. 900 168 Sec. 903 • 168 Sec. 1154 240, 380 See. 1155 327, 362, 363, 380 Sec. 1170 502 Sec. 1171 182, 503 See. 1173 159, 327, 381 See. 1174 239, 240 Sec. 1176 359, 360, 381 Sec. 1190 380 Sec. 1197 238 Sec. 1218 168, 237 Sec. 1227 237 Sec. 1262 168 See. 1266 165 Sec. 1290 256, 258, 259, 261, 262 Sec. 1314 404, 420, 423, 484 Sec. 1315 404 Sec. 1317 401-411, 413. 434 Sec. 1721 283, 379 Sec. 1722 38, 283, 359, 379, 488, 490, 491, 493 Sec. 1723 .38, 211, 359, 488, 491, 493, 496, 502 Statutes. 629 Sec. 1724 212, 282, 385, 389, 502 Seo. 1730 535, 536 Sec. 1732 211 Sec. 1733 • 489, 493 Sec. 1736 240, 327, 328, 380 Sec. 1737 155, 156 Sec. 1738 359, 360, 381 Sec. 1739 49, 50, 156 Sec. 1740 52 Sec. 1700 211 Sec. 1763 211 Sec. 1833 386 Sec. 18."il 226 Sec. 18r)2 226 Sec. 1800 226, 227, 368, 369 Sec. 1866 227 Sec. 189r> '. 151, 534 Sec. 1943 226 Sec. 2179 558 Sec. 2214 475 Sec. 2216 470 Sec. 2608 ' 283 Sec. 2793 283 Sec. 2832 379 Sees. 2840-2847 192 Sec. 3146 309 Sec. 3196 207 Sec. 3199 207 Sec. 3470 226 Sec. 3472 ; 226 (Penal Code.) Sec. 19 35 ♦ Sec. 41 300 Sec. 352 .' 20 Sec. 361 55 Sec. 362 55 Sec. 390 10 Sec. 749 355 Sec. 750 355 Sec. 935 247, 248, 251 Sec. 1225 354 Sees. 1383-1387 15 Sec. 1 384 251 Sees. 1730-1732 278 Sees. 1 810 vt acq 15 Sec. 2078 30l> Sec. 2089 334 Sec. 2145 59 Sec. 2224 345, 346, 347, 366 Sees. 2225-2228 346 Sees. 2241-2242 346 Sec. 2442 311 Sec. 2821 ; 486 Sec. 2824 486 Sec. 2828 486 Laws op 1897. Pnpe 81 ((iamblln:?) 345 630 Statutouy Construction. Page 178 (State Lands) «5 I'age 1 79 ( State Lands) »i5 rage 203 (Municipal Corporations) 469 Laws op 1890. I»ages 87-03 (State I ends) 05 l»uge 142 ( PleadlnjO 254 Pago 14(5 (Appeals) 38, 359, 379, 488, 493, 502 Laws op 1001. Page 161 (Appeals) 38-43, 48 Page 166 ((iamblln^r) 344-347, 350 357 « STATUTORY CONSTRUCTION. Rule of Construction. 1. ''Exprcssio vnius est cxclusio altcrius." — State ex rel. Btate Board if Medical Examiners r. District Court, 121 ; May v. City of Anaconda, 140. • And" Road Instead of "Or." 2. While the court should, ordinarily, be reluctant to say that the legis- lature did not Intend to denounce as an offense an act which clearly falls within the letter cf the statute, It will not hesitate to do so when the act in question is In itself without harmful effect or tendency, and it Is rea- .sonably clear that the legislature did not intend to prohibit it. — In re Weed, 241. Statutes — Interpretation. 3. A statute must receive an interpretation in keeping with its design and spirit, and when it is a special restriction of the general right to en- force contracts ly means of the usual actions, it should never be so con- strued as to forbid an action not plainly prohibited by its provisions. — Bropfty V. Doicitcy et ux.^ 252. Criminal Law — Defendant's Credibility — Instruction. 4. IlvId, that rn instruction giving Section 2442, Penal Code, but which uses the word "must" in place of the statutory word "may" is not erro- neous.— State V. Dotson, 305. Revision of Statutes^Change of Words. 5. A mere change in the words of a revision will not be deemed a change in the law unless it manifestly appears that such was the Intention of the legislature. — State v. Dotson, 305. Gambling Law — Sentence. 6. Penal Code 1895, Sec. 2224, permitted the court in every case where n defendant, on conviction of crime, was adjudged to pay a line, to also im- prison him "until the fine and costs were satisfied," not exceeding one day for every $2 of the fine and costs. Laws 1901, p. 167, Sec. 2, provided fop the punishment, on conviction of gambling, by a fine and "imprisonment until the fine and costs were paid." Held, that the word "paid" in the latter act was sviionymous with the word "satisfied" as used in the general act, and hence a person convicted of gambling could be imprisoned not to exceed one day for every $2 of the fine and costs.— State v. Towner, 339. Supreme Court. 631 Doctrine of "JCjumly'm Oincns.'' 7. The rule of construction that, where general words follow particular ones, they muHt be construed as applicable to things of the same class, is a rule to be used r.s an aid in ascertaining the legislative intent, and not for the purpose of controlling the intention of a statute or of confining its operation to narrower limltH than the legislature intended. — State v. Wood- man, 348. Words — Rule of Confstruction. 8. Kvery word of a statute must be given a meaning, if it is possible to do so. — State ex jel. Anarotiila Copper Min. Co. v. Dimrlct Court, 39f». Terms — Rule of Constmctlon. 0. The terms employed in a statute are presumed to be used in their ordinary sense, unless it is apparent from the context or from the subject- matter that they are used in a different or special sense. —State ex rcl. Anaconda Copper Min. Co. v. Ditttrict Court, 396. srrRioMi-: coirt. Writ of Supervisory Control — Remedy by Appeal — Question oi* Title. 1. On a denial of an order permitting a survey and inspection of a mining claim, the supreme court will not grant a writ of supervisory control, there being a remedy ty appeal from the Judgment Anally rendered In the cause, and a question of title involved in the cause being one for the district court in the ^rst instance. — State ex ixl. Hennessy el al. v. District Court, 274. Writ of Supervisory* C^ontrol — Filing Information — Leave of Court. 2. I'nder Penal Code, Sees. . 1730-1732, no leave of court la necessary to file an information after commitment on preliminary examination, and a writ of supervisory control will not issue to compel the granting of leave. — State ex rel. Donovan v. Distriet Court, 275. Writ of Supervisory Control — Filing Information — Leave of Court. 3. Under Penal Code, Sees. 1730-1732, leave to file an information without a preliminary examination may be granted or refused, within the sound discretion of tne court, when no statement is made to the court of the evidence upon which the state relies for a conviction, and a writ of super- visory control to revise such discretion will therefore be denied. — State ex rel. Donovan v. Dintriet Court, 275. Writ of Supervisory Control — Order of Inspection and Survey of Mine. 4. For case where supreme court issued writ of supervisory control direct- ing district court to modify its order permitting inspection of a mine, see State ex rel. Unitize et at. v. Dintrict Court, 416. Prohibitory Injunction — Appeal — Stay. 5.* The supreme court is not authorized to suspend the operation of, va- cate, or set aside, a prohibitory injunction order during the pending of an appeal therefroai. — Maloney ct al. v. King et al., 487. Perpetual Injunction — Appeal — Modification. 6. The supreme court is' without authority to grant an order modifying ■ 632 Tenancy in Common. or vacating a pfrpetiial injunction order pending appeal from a Judgment embracing it. — Maloncy el al. v. King it al.j 492. Divorce — Temporary Alimony — Suit Money — Power to. Grant Pending Appeah 7. The supreme court is without power, either Inherent or constitutionally conferred, to allow alimony or suit money pending an appeal In a divorce case. After an ri>peal is talcen the action Is still in the district court, tlie primary forum. Allowance of suit money or temporary alimony is not within the the original Jurisdiction of the supreme court, nor is It neces- sary or proper to the complete exercise of appellate jurisdiction. — Bordeaux^ V. BordranXj Zt^S. SURETIES. Guardian's General P.ond. Sureties on the f>eneral bond of a guardian are liable for any loss whlcli the ward may biifier by reason of the default of the guardian with respect to the proceeds ot sales of real estate.^ — Hughes v. Uoodale, 93. TAXATION. Personal Action to * ollett a Tax — Statute of Limitations. Compiled Stat'.i(?s of 1887, First Division, Section 42, Subdivision 2, a» amended by Laws of 181)3, page 7)0, and Code of Civil Procedure of 1895, Section r>20, limit the time for commencing a personal action to collect a tax. to two yeirs. — Board of County Commijusivners of Custer Co. v. Story, 517. TENANCY IN COMMON. Recorded Title — Oral I'artltlon — Notice. 1. Where the title under which tenants in common have held possession is of record and is consistent with the occupancy, the possession must be referred to the record title, and it will not be constructive notice of any otlier title, legal or equitable. — Hurley v. O'Seill, 269. Oral Partition — Notl-.e — Bona Fide I'urchaser. 2. Plaintiff, purchasing the undivided half interest of S. in a lot, as shown by the record, has not constructive notice of an oral partition of the lot by S. and O., his co-tenant, from the fact that O. had for years paid the taxes on a certain half of the lot.— Hurley v. O'Xeill, 269. Oral Partition— Notice. 3. Plaintiff, at the time she took a deed for the undivided half interest of S. in a lot. Is not shown to have had actual notice of an oral partition by S. and O., his co tenant, by the fact that she thereafter paid the taxes on the part S. had occupied, and when O. forbade her sweeping her dirt onto the part occupitd by him, she said that O.'s deed was not fixed right, and that she could do what she felt lilce till there was a division. — Hurley r. O'Xein, 269. Oral Partition— Notice— Burden of Proof. 4. Held, that, under the circumstances of the case, the burden of proving actual notice of an oral partition between tenants in common rested upon the party alleging such notice.— 7/«r/ci/ v. O'Seill, 269. Water Rights. 633 VENUE. Criminal Law — County Attorney. 1. Wliere a criminal cause is removed to another county, the attorney of the county to which the cause is removed must prosecute it. — State v. Whit7Corth, 107. Action for Injury to Water Ulght. 2. In case of iujury to a water right resulting from a tortious act in an- other county, ♦he action may be brought in either county. — City of Helena V. Rogan ct al., 452. Condemnation of Water Rights. 3. Under Code oi Civil lrocedure, Sec. CIO, requiring that actions for the recovery of real property or an Interest therein, or for injuries thereto, shall be tried !u the county in which the subject of the action or part thereof is situated, and Section 2216, providing that condemnation pro- ceedings shall bo brought in the district court of the county in which the l»roperty is situated, proceedings to condemn water appropriated for irri- gation purposes may be brought and tried in the county in which the land is situated, though the water is to be taken In another county. — City of Helena v. lioyan et al., 452. VERDICT. Directing Verdict. Where, in a suit on an alleged contract, plaintiff alone testifies in support of his case, and his evidence, though uncontroverted. Is confusing, it Is error to direct a verdict for him, as the Jury should determine the weight of his testimony, and the amount. If any, which Is due to plaintiff under proper instructioiis of the court. — WJialcn et al. v. Harrison, 316. WAIVER. Promissory Note— (Jnarautor — Demand. ' 1. A finding tnat a demand has been made upon a guarantor to pay a note guarantied by him, though not supported by plaintiff's evidence that the guarantor stated that suit would 4have to be brought before he would pay, is harmless error ; for the evidence warrants a finding that the guar- antor waived a demand.— Stanford v. Coram, 285. Demand. 2. The law does not require a useless thing, hence, when one unqualifiedly refuses to perform his obligation he thereby waives the necessity of a de- mand before bringing suit. — Stanford v. Coram, 285. ft WATER RIGHTS. Easements — Rights of Prior Appropriator. 1. The owner of a valid water right owns a certain incorporeal heredita- ment incident to his water right, to-wit, an easement In the stream and Its tributaries above his point of diversion. He also has the right to require junior approprlrttors, who take water from the stream or Its tributaries below his point of diversion, to forbear using such water when such use 634 Writ of Supervisory Control. will deprive ipproprlators prior to Iiim, downstream, of the use of water to which they ;>ro entitled. — (lit/ of Hvlvna v. Royan vt al., 452. Action — Venue. 2. In case of injury to a water right resulting from a tortious act in an- other county, the action may be brought in either countj. — City of Helena V. Royan et ah, 452. Condemnation — Iubllc Use — More Necessary Vse. 3. Under Code of Civil i'rocedure, Sec. 2214. Subd. a, providing that, be- fore property alrtady appropriated to some public use can be taken under the right of emluent domain, it must appear that the public use to which it is to be appIl'Mi is the more necessary use, water appropriated for Irri- gation purposes may be condemned for the purpose of procuring a city water supply, where the use for which it Is to be taken is more necessary than the existing use. — City of IlvUna v. Royan et al., 452. WORDS AND PIIHASKS. •'Accompanied'- - - Htate V Johnson, 10. "Accomplished" - - titate V. Johnson, 1(». '"Account stated" — Kiny v. Lincoln, 100. "Adverse party" — T. C. I'utrcr rf Itro. v. Murphy, 381>. '■And" read instt»ad of "Or" — 'In re Wf'vd, 24C-248. 'Kx\n'vnHio unius est exclusio alterius" — f^tatc fx rcl. Board of Mrd. JJxaminera v. District Court, 127. May V. City of Anaeonda, 142. "Liability created by statute" — Board of County ConimiHsloncrs v. i<tory, 520-521. "Limitations" — Jordan tt al. v. Andrus et al., JiO. "May"— "Must •-- State v. DoLson, .'U]. "Paid"— State v Totrnn', 34(t. "I'rivate attorney" — State v. Whittrorth, 117. "Probable cause" — State Y Shafer, 10. "Regulations" — Jordan el al. v. .Atulrus et ah, '\0. "Satisfied"— State V. Toirner, 340. "Such"— State f.r rvh Anaconda C. M. Co. v. District Court, 405. "Water rights" — City of Helena v. Royan et ah, 474. WRIT OF SFPKRVISORY OONTROL. See Stpbeme Court. TABLE OF MONTANA CASES CITED. Comprising the former decisions of this court cited, or commented upon, in the opinions in this volume. Alderson v. Marshall, 7 Mont. 296 482 (Nonsuit — Appeal) Anderson -v. Carlson, 23 Mont. 43.-» 214 (Rules of Supreme Court — Briefs.) Babcock v. Maxwell, 21 Mont. 507 253 (Pleading.) Baker v. Butte City Water Co., 24 Mont. 31, 113 415 (Undertaking on Appeal.) DISTINGUISHED. Bandman v. Davis, 23 Mont. 382 263 (Appeal — Affirmance.) Beach v. Spokane Ranch & Water Co., 25 Mont. 367 376 (Appealable Order.) (Appeal— .Staten^ent— Striking Out.) 382 (Record on Appeal) DISAPPROVED 156 Bennett Bros. Co. v. Congdon, 20 Mont. 208 201. 203 (Injunction.) Bennett Bros. Co. a .. FItchett, 24 Mont. 457 298 (Demand— Waiver.) Bordeaux v. Bordeaux, 26 Mont. 533 538, 540 (Divorce — Appeal— Suit Money.) Boston ^ Montana Consol. C. & S. Mining Co. v. Montana Ore Pur- chasing Co., 26 Mont. 146 207 (Injunction.) Boucher v. Barsalou, 24 Mont. 242 415 (Undertaking on Appeal.) Butte & Boston Consol. Mining Co. v. Montana Ore Purchasing Co., 21 Mont. 539 79 (Corporation — Manager — Agency.) Butte & Boston Consol. Mining Co. v. Montana Ore Purchasing Co., 24 Mont. 125 202 (Injunctions.) Butte & Boston Mining Co. v. Societe, etc. de Lexington, 23 Mont. 177 189 (Appeal — Opinion of Trial Court.) Carr, Ryder & Adams Co. Closser, 25 Mont. 149 381 (Appeal — Transcript.) City of Helena v. Harvey, 6 Mont. 114 476 (Eminent Domain.) (635) 036 Table of Montana Oases Cited. Cornish v Floyd-Jones, 26 Mont. 153 187 (Appeal — Opinion of Trial Court.) Creek v. Bozeman Water Works Co., 22 Mont. 327 52 (Appeal.) Creighton v. Hershfleld, 2 Mont. 390 238 (Judgment Lien.) Currie v. Montana Central Ry. Co., 24 Mont. 123 482 (Appeal — Record — Insufficiency of EJvidcnce.) Curtis V. Valiton, 3 Mont. 153 292, 293 (Compound Interest.) DISTINGUISHED. Dodson V. Nevitt, 5 Mont. 518 182 (Pleading.) Elllnghouse v. Taylor, 19 Mont. 462 475 (Water Rights— Public Use.) Estate of Tuohy, 23 Mont. 305 283 (A.ppeal in Probate Proceedings.) Fisk V. Cuthbert, 2 Mont. 593 27 (Action Against State.) Forrester et al. v. Boston & Montana Consol. C. & S. Mining Co., 22 Mont. 430 491 (Appeal— Stay.) DISTINGUISHED. Gallagher v. Cornelius, 23 Mont. 27 .' 496, 502 (Appeal — Jurisdiction.) Garver v. Lynde, 7 Mont. 108 239 (Pleading— Review. ) Gibson v. Hubbard, 22 Mont. 517 214 (Rules of Supreme Court — Briefs.) Gould V. Barnard, 14 Mont. 335 482 (Nonsuit — Appeal.) Grinnell v Davis, 20 Mont. 222 360 (New Trial— Record on Appeal.) Guiterman v. Wishon, 21 Mont. 458 622 (Statute of Limitations.) Hamilton v. Great Falls Street Ry. Co., 17 Mont. 334 140 (Damages.) Hamilton v. Nelson, 22 Mont. 539 72 (New Trial — Appeal.) Harding v. McLaughlin, 23 Mont. 334 364 (Bill of Exceptions— Settlement.) Harrigan v. Lynch, 21 Mont. 36 360 (New Trial — ^Waiver.) Harrington v. Butte & Boston Mining Co., 19 Mont. 411 309 (Conspiracy — Evidence.) Harrington et al. v. Smith et al., 25 Mont. Ill 92 (Rules of Supreme Court — Briefs.) Helena & Livingston S. & R. Co. v. Lynch, 24 Mont. 241 415 (Undertaking on Appeal.) ■ Table of Montana Cases Cited. G37 Higley v. Gilmer, 2 Mont. 90 441 (Contributory Negligence.) Hines v. Carl, 22 Mont. 501 51. 386 (Appeal.) Hull V. Dlehl, 21 Mont. 71 273 (Notice — Burden of Proof.) Hurley v. O'Neill, 24 Mont. 293 51 (Appeal.) In re Craigie's Esiate, 24 Mont. 37 98 (Administrator's Bond.) In re Mouillerafs Estate, 14 Mont. 245 283 (Administrators — Allowance of Claim.) In re Phillip's Efetate, 18 Mont. 311 284 (Executors — -Appeal.) (Appeal from Order of Partial 'Distribution.) 3?9 In re Weed, 26 Mont. 241 508 (Attorney — Disbarment.) In re Wellcome, 23 Mont. 140 245, 513 (Attorney — Disbarment.) In re Wellcome, 23 Mont. 213 246) 251. 514 (Attorney — Disbarment.) In re Wellcome, 23 Mont. 259 227 (Special Proceedings.) In re Wellcome, 23 Mont. 450 246 (Attorney— Disbarment.) Jobb V. Meagher County, 20 Mont. 424 393 (Codes — Adoption of.) Jordan et al. v. Andrus et al., 26 Mont. 37 45, 48 (Appeal — Rules of Court.) Kennon v. Gilmer, 4 Mont. 433 137. 442 (Contributory Negligence — ^Pleading.) King V. Pony Gold Mining Co., 24 Mont. 470 211 (Undertaking on Appeal.) Kranich v. Helena Consol. Water Co., 26 Mont. 379. .'. 480 (Briefs.) Langf ord v. King, 1 Mont. 33 27 (Action Against State.) Largey v. Chapman, 18 Mont. 563 260 (Debt Secured by Mortgage.) Leonard v. City of Butte, 25 Mont. 410 136 (Municipal Corporations.) Lomme v. Kintzlng, 1 Mont. 290 182 (Pleading.) Madigan v. Harrington, 26 Mont. 358 502 (Appeal — Jurisdiction.) Mahoney v. Butte Hardware Co.. 24 Mont. 242 415 (Undertaking on Appeal.) 638 Tablk of AIontaxa Cases Cited. Maloney v. King, 25 Mont. 188 3U (Injunction.) Maloney et al. v. Kingr et al., 26 Mont. 487 49$ (Injunction — ^Appeal — Stay.) McCleary v. Crowley, 22 Mont. 245 214, 383, 480 (Rules of Supreme Court — ^Briefs.) McKay v. MontaAa Union Ry. Co., 13 Mont. 15 441 (Nonsuit.) McMahon v. Thornton, 4 Mont. 46 182 (Pleading.) Menard v. Montana Central Ry. Co., 22 Mont. 340 72 (New Trial— Appeal.) (Record on Appeal.) 155 (Appeal— Opinion of Trial Court.) 155,187 Montana Ore Purchasing Co. v. Lindsay, 25 Mont. 24 312 (Statutory Construction.) Morris v. McLaughlin, 25 Mont. 151 496,602 (Appeal — Jurisdiction.) Mullins V. Butte Hardware Co., 25 Mont. 525 272,273 (Tenancy in Common — Oral Partition.) Mulvillev. Pac. Mutual Life Ins. Co., 19 Mont. 95 441 (Contributory Negligence.) Murray v. Helnze, 17 Mont. 353 161 (Jury Bound by Charge.) Nelson v. City of Helena, 16 Mont. 21 136,442 (Municipal Corporations — Negligence.) (Contributory Negligence.) 138 Newell V. Meyendorflf, 9 Mont. 254 35 (Contract Against Public Policy.) DISTINGUISHED. (Appeal.) 180, 184, 185 Nolan V. Mont. Central Ry. Co., 24 Mont. 327 415 (Undertaking on Appeal.) Ogle V. Potter, 24 Mont. 501 183 (New Trial.) Palmer v. Murray, 8 Mont. 174 292, 293 (Compound Interest.) DISTINGUISHED. Palmer v. Murray, 8 Mont. 312 293 (Interest on Interest.) DISTINGUISHED. Parrin v. Montana Central Ry. Co., 22 Mont. 290 58 (Appeal — Instruction — Presumption.) Patten v. Hyde, 23 Mont. 23 72 (New Trial— Appeal.) Patterson v. Pfouts, 25 Mont. 163 494 (Appeal— Defective Brief.) Pincus V. Reynolds, 19 Mont. 564 309 (Evidence — Conspiracy.) Power V. Lenoir, 22 Mont. 169 96 (Guardian's Bond.) Prosser v. Montana Central Ry. Co., 17 Mont. 372T 138 (Contributory Negligence.) Table of ^Iontana Casks Cited. G31) Quirk V. Clark, 7 Mont. 231 239 (Pleading.) Raleigh v. District Court, 24 Mont. 306 377 (Mandamus.) DISTINGUISHED. Ramsey v. Burns, 24 Mont. 234 415 (Undertaking on Appeal.) Rehberg v. Greiser, 24 Mont. 487 214,383,480 (Rules of Supreme Court — Briefs.) Rumney 'Land & Cattle Co. v. iDetroit & Montana Cattle Co., 19 Mont. 557 156 (Appeal — Presumption.) (Record on Appeal.) DISAPPROVED 156 Ryan v. Gilmer 2 Mont. 517 441 (Contributory Negligence.) OVERRULED. Sands v. Maclay, 2 Mont. 351. ..)... i • .1 182 (Pleading.) Sanford v. Gates, Townsend & Co., 21 Mont. 277 84 (Established Rule of Law Must Operate Equally.) Sklower v. Abbott, 19 Mont. 228 238 (Judgment Lien.) Smith V. Davis, 3 Mont. 109 182 (Pleading.) Smith V. Denniff, 23 Mont. 65 214,383,480 (Rules of Supreme Court— Briefs.) Smith ▼. Denniff, 24 Mont. 21 474 (Water Rights.) Snook V, City of Anaconda, 26 Mont. 128 142, 441 (Contributory Negligence.) State V. Allen, 23 Mont. 118 4 (Appeal — Review.) State V. Baker, 13 Mont. 160 20, 21 (Murder — Instruction.) State V. Biggerstaff, 17 Mont. 510 338 (Improper Remarks of Counsel— Review.) State V. Bloor, 20 Mont. 674 339 (Improper Remarks of Counsel — Review.) State V. Bowser, 21 Mont. 133 6 (Appeal — Instructions.) State V. Brooks, 23 Mont. 146 58 (Homicide — Instruction.) State V. Byers, 16 Mont. 565 309, 336 (Criminal Law — Evidence.) State V. Cadotte, 17 Mont. 315 338 (Improper Remarks of Counsel— Review.) State V. Calder, 23 Mont. 504 58, 59 (Homicide— Instructions.) (Testimony of Accomplice.) 335 State V. Clancy, 20 Mont. 498 16 (Information.) State V. Fisher, 23 Mont. 540 68 (Homicide — Instructions.) C40 Fable of Montana Cases Cited. state V. Gay, 18 Mont. 51 339 (Improper Ilemarks of Counsel — Review.) State V. Geddes, 22 Mont. 68 19 (Criminal Law — Evidence.) (Testimony of Accomplice.) 334 State V. Howell, 26 Mont. 3 58 (Homicide — Instructions.) State V. Hurst, 23 Mont. 484 6, 7 (Instructions — Individual Duty of Juror.) (Appeal — Review.) .'^ ' 4 (Improper Remarks of Counsel — Review.) 339 State v. McCaffery, 16 Mont. 33 16 (Informations.) State V. McClennan, 23 Mont. 532 312 (Testimony of Defendant — Instruction.) State V. Ryan, 12 Mont. 297 310 (Circumstantial Evidence — Instruction.) State V. Schnepel, 23 Mont. 523 72 (New Trial— Appeal.) State V. Shadwell, 22 Mont. 559 53,58 (Former Appeal.) (Evidence— Threats.) 60 State V. Shafer, 22 Mont. 17 14 (Former Appeal.) State V. Shepphard, 23 Mont. 323 481 (Appeal — Record — Insufficiency of Evidence.) State v. Welch, 22 Mont. 92 72 (New Trial — Appeal.) State (ex rel. State Savingrs Bank) v. Barret, 25 Mont. 112 28 (Mandamus.) State (ex rel. Leech) v. Board of Canvassers, 13 Mont. 23 35 (Mandamus.) DISTINGUISHED. State (ex rel. Knight) v. Cave, 20 Mont. 468 356, 357 (Statutory Construction.) State (ex rel. Lamoert) v. Coad, 23 Mont. 131 33, 36 (State Contracts.) State (ex rel. Dilline) v. Collins, 21 Mont. 448 69 (University Bond Fund.) State (ex rel, Bickford) v. Cook, 17 Mont. 529 68 (State Officers— Trust Funds.) State (ex rel. Anaconda Copper Mining Co.) District Court, 25 Mont. 504 404.407,420 (Mines — In.'ipection and Survey.) State (ex rel. Anaconda Copper Mining Co.) v. District Court et al., 26 Mont. 396 413, 414, 434 (Mines — Inspection and Survey.) State (ex rel. Anaconda Copper Mining Co.) v. District Court et al., 26 Mont. 412 434 (Mines — Inspection and Survey.) State (ex rel. Baker) v. District Court, 24 Mont. 425 226, 368 (Certiorari— Costs.) DISTINGUISHED. State (ex rel. Donovan) v. District Court, 26 Mont 355 377 (Mandamus.) DISTINGUISHED. Table of ifoNTAXA Cases Cited. 641 state (ex rel. Geyman) v. District Court, 26 Mont. 433 424 (Mines — Inspection and Survey.) State (ex rel. Healy) v. District Court, 26 Mont. 224 368 (Contempt Proceedings — Costs.) State (ex reL King) v. District Court, 24 Mont. 494 379 (Certiorari.) State (ex rel. King) v. District Court, 25 Mont. 1 369 (Certiorari— Costs.) State (ex rel. Simard) v. District Court, 13 Mont. 347 367 (Contempt— Certiorari— Review.) DISAPPROVED. State (ex rel. Whiteside) v. District Court, 24 Mont. 539 379 (Certiorari.) State (ex rel. State Pub Co.) v. Hogan, 22 Mont. 384 29 (State Contracts.) State (ex rel. Journal Pub. Co.) v. Kenney, 9 Morft. 389 27 (Action Against State.) State (ex rel. Pierson) v. Millis, 19 Mont. 444 156 (Record on Appeal.) DISAPPROVED. (Appealable Order.) 269 State (ex rel. Allen) v. Napton, 24 Mont. 450 211 (Appeal from Justice's Court.) DISTINGUISHED. State (ex rel. Eaves) v. Rickards, 16 Mont. 145 32 (Mandamus.) State (ex rel. Lloyd) v. Rotwltt, 15 Mont. 38 355 (Constitution — Special Legislation.) State (ex rel. State Pub. Co.) v. Smith, 23 Mont. 44 29 (State Contracts.) (Mandamus.) 28 (Constitution- Departments of Government.) 39 St. Louis M. & M. Co. v, Montana Co., 9 Mont. 288 403, 404 (Inspection nnd Survey of Mines.) Sullivan V. City of Helena, 10 Mont. 134 135, 136, 137 (Municipal Corporations.) Sweeney v. City of Butte, 15 Mont. 274 136 (Municipal Corporations.) Sweeney v. Great Falls & Canada Ry. Co., 11 Mont. 34 239, 241 (New Trial.) Teague v. John Capllce Co., 24 Mont. 242 415 (Undertaking on Appeal.) Territory v. Campbell, 9 Mont. 16 56 (Evidence— Previous Threats.) Territory v. Hanna, 5 Mont. 246 385 (Notice of Appeal — Service.) Trent et al. v. Sherlock, 24 Mont. 255 86 (Former Appeal.) (Principal and Agent.) 79, 82 Warren v. Humble et al., 26 Mont. 495 502 (Appeal — Jurisdiction.) Watklns v. Morris, 14 Mont. 354 415 (Undertaking on Appeal.) G42 Table of Montaxa Cases Cited. Westheimer v. Goodkind, 24 Mont. 90 234 \ (Fraudulent Conveyances.) I (Appeal — Reversal.) 273 Wetzstein v. Boston & Montana Consol. C. & S. Mining Co., 25 Mont. 135 44 (Injunction— Restraining Order.) DISTINGUISHED. Whiiteslde v. 'Liebcher, 7 Mont. 4^73 239 (Pleading — Review.) Wilson v. Davis, 1 Mont. 183 292, 293 (Compound Interest.) DISTINGUISHED. Wilson v. Harris, 21 Mont. 374 236, 237 (Fraudulent Conveyances.) Withers v. Kemper, 25 Mont. 432 240 (Appeal — Review.) Woodward v. Webster, 20 Mont. 279 363 (New Trial Statement— Settlement.) Zickler v. Deegan, 16 Mont. 198 159 (Appeal — Insufficiency of the Evidence.) 219^ '-SMv .ii ) 'II I J mmn	__label__neg	reportscasesarg27montgoog	OL20470881M	OL19561241W	681	1,891
zh	N/A	N/A	沥青混凝土道路的施工技术研究王维维 (甘肃省白银公路局会宁公路段，甘肃白银730700) 摘要：沥青混凝土是道路施工中最常用的建筑材料，同时，沥青混凝土道路施工技术直接影响着道路建设工程质量，其直接关系到城市道路建设的安全性，对其施工技术进行研究具有重要意义。文章对沥青混凝土道路施工技术进行了深入研究，以供业内人士参考。关键词：沥青混凝土：道路施工：施工技术随着城市发展社会建设步伐的推进，社会发展对城市道路的需求也在不断加大，随着科技发展进步，道路建设施工技术也在不断发展进步中。在当前的道路施工中，沥青混凝土是较为常用的施工材料，其具有黏性高、密度小、结合性强的特性，将其作用在道路建设上能够有效地提升公路强度与稳定性，改善了传统水泥路面不平的局限性，并且沥青混凝土道路维护简便，同时也能够有效地提升公路的使用寿命，提高了公路建设的经济性。 _1_ 沥青混凝土道路施工前的准备工作 1.1组织道路施工人员道路施工人员是公路建筑以及其他建筑工程项目中的主要内容，同时也是建筑工程项目中不可忽视的重要环节。沥青混凝土道路施工技术对于施工人员有更高的要求，其要求施工人员的组织安排需要具有一定的紧密性，同时在施工时需要具有一定的连续性。组织过程中不仅需要对施工人员的职责与分工进行科学合理安排，同时也需要依据施工环节以及相关条件的变化做好相关的应对措施，从而以此来确保公路建设项目的质量与工期能够达到既定目标。 1.2 制定相关的道路施工方案在沥青混凝土道路施工前应当结合施工合同要求以及施工环节等条件制定相关的施工方案，从而使道路施工技术的使用能够符合道路施工的质量需求，并使其能够满足当前条件下的施工环境，也需要选择合适的使用材料，对材料要进行严格的筛选，既需要满足甲方的要求，同时也需要保障经济利益。 _2_ 沥青混凝土道路路基施工 2.1 道路路基施工路基是道路施工建设的基础内容，同时也是直接决定道路施工质量的重要环节，只有使路基施工的质量得到保障才能够保障道路施工的整体质量。且道路施工的施工环境通常是多变的，所以在遇到施工的外部特殊环境时应当采取相应的应对措施进行解决。如在施工中遇到水沟或水塘等环境时，首先需要确定要进行填沟还是架桥，填沟首先需要解决水与淤泥问题，之后需要确保沟槽内的地面干燥度。在填沟时，对材料的选择以填土的均匀度也需要给予一定的重视，否则将会容易出现路基下塌现象。所以在进行回填时要完全按照道路施工的分层夯实规定进行，确保沟渠地区环境能够满足道路施工需要。为了避免路基的施工出现高低不平、松软不均以及龟裂等现象，需要重视路基夯实过程中的路基密实度与平整度，对于路基横坡面施工需要严格按照标高要求去整平，并且需要预留相关的排水设施。 2.2 沥青混凝土的搅拌控制混凝土的质量是直接影响沥青混凝土施工质量的重要内容，，同时沥青混凝土的搅拌是影响混凝土质量的重要环节，所以在此环节必须要严格按照施工环节与材料配比等要求，从而使混凝土的质量得到有效保障。 _2.3_ 混凝土材料的选择材料的选择是保证混凝土质量的重要内容，原材料的质量控制可以从材料采购以及相关的材料检验等方面来实现。道路施工的材料选择在通常情况下需要充分地考虑路面的耐磨性、耐久性、刚性、防滑性以及拉压强度等物理条件。作为直接承受车辆荷载的路面，其施工技术中水泥砼面层的出现直接说明了这些内容能够被实现。此外，为了降低温度变化给路面带来的应力作用，需要对路面施工的弹性与温度膨胀系数进行充分考虑。并且，为了能够突出沥青混凝土材料对于路面施工的便利性，可适当对其酸碱度与刚度进行调配，选择高质量的砼材料。在当前的路面环境下，较为常用的水泥是欧通硅酸盐水泥或硅酸盐，去除掉强度低于42.5的数据之外，该材料其他的物理化学性能均能够满足沥青混凝土道路施工标准，且在混合材料中应用能够有效对传统混凝土道路施工的抗拉压强度进行强化。同时，将密度较高的砼用砂严格与水、灰比例进行配合，能够有效满足不同的沥青混凝土道路施工要求。且道路施工中的沥青砼表层所选用的集料应当具备耐磨、韧性强、无风化、洁净以及坚硬等特性，同时也需要满足冲击值、压碎值等要求。 _2.4_ 沥青混凝土材料的搅拌为了使沥青混凝土混合料搅拌的质量得到有效保障，在搅拌沥青混凝土材料的过程中应当注意均匀度、时间、强度等内容，从而防止材料出现离析现象，同时，在对沥青混凝土材料进行搅拌时，其温度应当维持在150~170℃的区间内。 2.5 沥青混凝土材料的摊铺与碾压在进行沥青混凝土路面摊铺前应当对路基表面进行检查与清理，确保路基的牢固与平整。对坡度等参数进行调整房屋建筑施工工程中的地基处理技术探析钟贤鸿 (中建三局集团有限公司，湖北武汉430000) 摘要：随着我国社会的快速发展，很多地区的房屋建设项目数量不断增加，而地基是房屋建筑施工的关键，需要针对实际的情况和土质条件进行有效的地基处理。因此，文章将针对房屋建筑施工工程中的地基处理技术展开分析。关键词：房屋建筑：施工工程：地基处理技术地基是房屋建设施工项目中最为重要的环节，是整个工程项目的基础，这就需要在房屋建设施工中对地基进行有效的处理，保证地基的密实度和可靠性。因此，在地基处理施工中选择合适的技术，对地基进行有效的改善。 1 房屋建筑施工工程当中地基处理的重要性 1.1地基处理的目的地基是房屋建筑施工工程当中最为重要的基础，与整个项目的质量和安全性有着直接的关系，因此需要对地基进行有效的处理。当前在房屋建设工程当中，需要从以下几个方向对地基进行处理。首先，是针对地基的剪切能力进行优化处理。在地基的施工当中，地基土层的可靠性和稳定性是整个地基工程抗剪切能力的重要保障。因此在处理地基的过程中，应当最大限度地降低房屋建设工程中地基土层的压力，避免剪切力对地基的破坏一。其次，需要优化处理地与选择，对路面的路幅宽度以及熨平板宽度进行适当的选择。此外，在进行摊铺前也需要充分地考虑其作业速度以及数量，并且在进行摊铺时，确保材料温度处于120~130℃区间范围。在路面完成压实与压光后要根据路面的摊铺厚度来确定碾压次数，从而确保路面完全压实。 2.6 路面接缝处理沥青混凝土路面的接缝处理通常是在施工环节，在混凝土两边没有完全结合时进行，通常情况下都是在路面碾压完成之后再进行缝隙切割作业，路面切割的最佳角度以45最为理想，同时在切割时也要保证缝隙的平整度，从而避免因为路面接缝而影响路面质量。 _3_ 沥青混凝土路基路面施工缺陷以及处理方式在沥青混凝土道路路基施工的实际作业中，时常会出现施工人员在施工中操作不当而导致路面存在缺陷的现象发生，其缺陷主要表现在路面松散、隆起、局部推移、路面波浪、路面密实度不足以及出现横缝跳车等现象。且除此之外，由于经济发展城市建设的步伐推进，城市车辆在不断地增加中，导致城市道路的车流量在不断加大，路面车辆荷载量也在不断增加，而由于多数地区的路面缺乏维护，给沥青混凝土道路带来了诸多破坏，如路面泛油、坑凹、车辙、接缝台阶等现象。这些问题对沥青混凝土道路维护提出了更高的要求，所以在进行沥青混凝土道路施工时不仅需要注重施工技术的创新与改进，同时也需要充分考虑到道路后期的基的压缩性能。在地基处理的过程中需要通过相应的技术对地基的模量进行优化，增加地基的抗压性能，并改善房屋建设工程的土层沉降问题。再次，需要改善地基的透水性能。在我国很多地区，地下水资源十分丰富，因此在房屋建设工程当中需要针对地基进行透水性处理，避免地下水流动对地基产生不良景响。最后，需要对地基的水分进行处理。很多房屋施工工程都是在土质较软的地方进行施工，土质水分较多很容易造成地基沉降问题。这就需要针对地基进行有效的处理，避免地基出现倾斜、下沉等情况。 1.2 地基处理工作的特殊性首先，地基处理工作具有较高的复杂性。由于我国的国土面积十分辽阔，很多地区的土质因素都有着十分明显的差异性，在房屋建设工程施工中就需要根据当地的实际情况对地基进行适当的处理，使地基符合当地的实际土质环境情维护与使用等问题，从而提高沥青混凝土道路的施工质量，提高道路强度以及生命周期。同时在沥青混凝土道路施工结束之后也需要根据路面所在地区的实际情况制定相关的路面维护应急措施，同时对出现损坏的路面要及时进行修理维护，从而保证路面的平整，为城市行车提供舒适、安全美观的交通体验。 _4_ 结语综上所述，沥青混凝土道路施工技术相较于一般道路施工技术，其工艺更加复杂，对技术要求更高。同时其道路施工中也具有更多的问题，所以在进行沥青混凝土道路施工时要严格按照相关规范与要求进行，从而使其道路施工质量得到有效保障，并且在后期的路面维护阶段应当积极对其进行维修护理，从而提高沥青混凝土道路的使用寿命，并以此推动道路建设事业的发展。参考文献 \[1\]闫紫竹.市政道路施工中沥青混凝土道路施工技术的应用\[J\].居业，2019(9)：120-121. \[2\]殷文俊.沥青混凝土公路施工技术在公路工程施工中的应用探析\[J\].黑龙江交通科技，2019，42(9)：50，52. \[3\]胡时柳.道路施工中沥青混凝土道路施工技术的应用\[J\].中华建设，2019(8)：182-183.	__label__neg	null	null	null	null	null
zh	N/A	N/A	\[陕西方言与民俗文化研究】镇坪八仙方言的“哒” 周政 (安康学院中文系，陕西安康 725000) 摘要：镇坪八仙方言中的“哒”既是助词，又是语气词。作助词用于句中动词之后表动作的完成；作语气词用于陈述、疑问、感叹、祈使句末，表示肯定、确认、假设、感慨、禁止或劝阻等语气。关键词：镇坪方言；八仙方言；“哒” 中图分类号：H172.2 文献标识码：A 文章编号：1672-2914(2009)01-0064-03 镇坪县与平利县南区的八仙镇东西相连，同处大巴山北缘、陕西省南端。东与湖北竹溪县接壤，南与重庆市毗邻。根据《中国语言地图集》的分区及作者的调查，镇坪话属西南官话成渝片，八仙则为重庆话、江淮官话(黄孝片)、湖南方言相互接触面形成的混合方言区。据调查，“哒”主要分布于平利的八仙镇、镇坪的上竹、城关、钟宝、小曙河、曙坪、华坪和白家等乡镇。“哒”在这一区域的使用频率极高，与周边方言形成鲜明的对比，是在周边方言包围之下的一个使用孤岛。当地人说“一过龙须坯，一句三个“哒'。”指的就是它的使用区域范围。 “哒”在镇坪八仙方言中既作助词，又用作语气词，其特征既近似于普通话的“了”，但在用法上又存在着一定的差异，下面介绍“哒”在镇坪方言中的基本用法。一用作助词 “哒”作助词，常黏附在句子动词之后，表示动作的完成，其类型有：表示已经完成了的动作。如： (1)来哒就住下，不要老想着要走。 (2)通哒就好，不然还真够麻烦的。 (3)猪，杀哒就杀哒，后悔个啥? 表将要发生的事情或假定要发生的事情的完成。如： (1)那桩活路，等我闲哒再说。 (2)你们计划的事不牢靠，万一弄舍哒咋办舍哒：坏了，糟了? (3)先把这桩事做好哒再说另一桩事。 (4)留到有啥用?干脆甩哒算哒干脆扔了算了。处于作补语的动词或形容词之后，表动作的完成。如： (1)你把写好哒的对子放哪里哒? (2)办成哒的事就不要管哒，要紧的是下一步事情咋弄。 (3)把捆好哒的包包放一边去。 (4)地已擦完哒，后面的事情该你哒。 “哒”在表动作完成时，宾语可省去或放在动词的前面。如： (1)(你的衣裳)我已洗哒。 (2)你讲的笑话，我听哒，咋一点儿也笑不起来? (3)饭也吃哒，酒也喝哒，该上坡哒该上坡做活了。上面列举的4种用法类型，“哒”近似于普通话的助词“了”，都用于句中动词之后表动作的完成，既可以用于表现时，又可用于表将要和假定。但二者之间在用法上也有不同的地方。可比照普通话的“了”，如吕叔湘先生主编的《现代汉语八百》\[0351-358来看镇坪八仙方言“哒”的特点。一是普通话的助词“了”既可用于口语，也可用于书面语，而镇坪八仙话的“哒”只能用于口语。如：“继续了并发展了五四运动时的三个阶段的统一战收稿日期：2008-09-20 基金项目：陕西省教育厅人文社科研究计划项目(07JK001)；教育部优秀博士论文作者专项资金资助项目(200409)；安康学院社科研究项目(2005AZX003)。作者简介：周政(1951-)，男，陕西平利县人，安康学院中文系教授。线，吸引了农民阶级加入，并且在政治上形成了这个各阶级的统一战线。“诸如此类的书面语，是不可以将“了”换成镇坪八仙话的“哒”。可见镇坪八仙话的助词“哒”在书面语中要受到限制。二是普通话的助词“了”，可用于反复体中表动作行为的重复。如：“我敲了敲门，没有回声。“只是随便谈了谈打工的事。”普通话这种表示动作行为的“V了V”格式，在镇坪八仙话中一般是不用的，大多用的是“V+了一下+P”。如果应文读需要，“V了V”在镇坪八仙话里也还只能用“了”，是不能将其换成“哒”的。二月用作语气词 “哒”作语气词，在镇坪八仙话里用得最多，表现力也最强，陈述、疑问、祈使、感叹等不限。 (一)用于陈述句末，主要用来表示肯定和确认语气重在说明事态出现变化或将要有所变化。如： (1)我们劝说了一阵，两个老人的情绪总算稳住哒。 (2)我的细娃儿开始说话哒。 (3)天要下大雨哒。 (4)他又哭哒。例(IX2)(4)表告知事态已经出现了变化，例(3)表对事态将要出现变化的预测，动词可带宾语，也可不带宾语。既表事态出现变化，又表动作已经完成。如： (1)两天的活路，她一天就弄完哒。 (②)他到底还是承认哒。 (3)他两个娃儿都上大学哒。 (4)我已经写到房子哒已经租到房子了。 (5)娃儿已经穿上新衣裳哒。所举例(1)例(3)表赞叹；例(2)表示一种成功感；例(5)表喜悦。用于形容词之后表肯定。如： (1)人老哒，手脚也慢哒。 (2)娃儿大哒，吃饭的人就多哒。 (3)这个凳子太高哒。 (4)一下天就亮哒。 (5)都上大学哒，还这么不懂道理。例(1)(2)表示一种变化已经成为现实；例(3)(5)只肯定已经出现的情况；例(4)表示即将出现的情况。用于表“曾然”语义的句末，表确认和肯定语气。如：国家哲学社会科学学术期刊数据库 (1)他前年就来哒，比你早一年。 (2)房子我已经买哒。 (3)肚子早饿哒。 (4)饭已煮起哒。 (5)工作，上个月都已找好哒。 (6)实际我早就来哒。 (二)用于陈述句末，以“不+V+哒”格式，表否定语气 (1)伤口这下儿不痛哒。 (2)老李不会来哒。 (3)老王快不行哒快死了。 (4)嘱咐的事，不要忘哒。 (5)这个还有用，不要甩哒不要扔了。从镇坪八仙话语气词“哒”的使用情况看，表否定要少于表肯定。 (三)用于假设句末，表假设某事已经发生 (1)明天要是下雨哒，我就歇它一天。 (2)要是县长来哒，你就连忙立马，赶紧喊我。 (3)要是钱够哒，我就买一套好一点的房子。 (4)你早些来就好哒。 (四)用于疑问句末用于是非问句末。如： (1)你大学毕业哒? (2)你爹来哒? (3)房子卖哒? 这种问式最为简单，句末单用“哒”，即表不知而问，又表征询之意。有时又以“V+哒+没得”格式表疑问。如： (1)吃饭哒没得? (2)地耕完哒没得? (3)你爹的病好哒没得? 这种格式语气表达平和，对方感觉亲切，使用频率较高。用于特指问句末。如： (1)先个儿刚才还好好的，咋一下给哭哒? (2)她咋来哒? (3)他叫么子什么来哒? (4)你到哪里去哒? (5)你咋把我的水给喝哒? “哒”表特指问，多要求对方回答，予以确认。用于反问句末。如； (1)你能来，我就不能来哒? (2)你噢饱哒，就不管别个哒? 这是镇坪八仙话的·种以陈述句式或疑问句式表示反问语义的表达方式，重在语气的强调。 (五)用于感叹句末，表示“期待、惊奇、羡慕、蔑视或憎恨”等语气 (1)天晴哒! (②)国庆节快到哒! (3)你跑得简直太快哒! (4)你们的口子，过得已经够好哒! (5)国家终于解放哒! (6)那娃子太坏哒! (7)好哒!碗给打哒! 句中的“哒”，相当丁普通话的“了啊”。该类句，除用“哒”表示语气外，谓语前还常加“要、快、该、简直、终于、太、真、够”等副词进行修饰，以增强感叹程度。 {六)用于祈使句末，以否定式表示禁止或劝阻 (1)不要吵哒!先听我讲。 (2)做事不要太绝哒! (3)一定记住，水不要浇多哒! (七)可与“啰、吵”等语气词合用，表示多重语气(1)要是给.百的话，那倒好哒啰! (2)你们去哒，我也去哒吵! 综上所述，镇坪八仙话的语气词“哒”，最突出的特征是，既可表陈述语气，也可表疑问语气、祈使语气、感叹等语气，具有兼具多种语气的作用。而普通话没有一个语气词具有这种作用，总是表达不同的语气要用不同的语气词。可见镇坪八仙方言的语气词“哒”要比普通话语气词的适应范围要宽泛得多。三镇坪八仙话“哒”的词语来源据考察，镇坪八仙话的“哒”应来自湖南以及湖北的鄂西方言，这可以从两方面说明。据民国三十三年(1944)《镇坪县志》(卷儿)边121-123记载，镇坪曾因南宋末年蒙古军南下及明末清初张献忠、李自成起义两次大规模战争镇坪八仙这一带人口死亡和逃亡几于殆尽。至明成化年间和清乾隆时期，人口曾两度回升，也大都来自于湖广和四川的移民和流民。这从民国三十三年二月镇坪的人口普查数也可以得到说明。两湖及四川人数为1713人，占全县总人口数的61%。很显然，镇坪的语言基础是以湖北、湖南以及四川为主要底层，按此推论，助词“哒”的进入并被广泛保留在镇坪是完全符合历史条件的，当然紧靠镇坪之测的八仙镇也就自然处于“哒”的语言范围了。从“哒”的用法特征看，镇坪八仙话同湖南(彭兰玉《衡阳方言语法研究》3J146-147；159-162鄂西方言(赵元任《湖北方言调查报告》14H567-1570)相比，除没有少数特殊用法，如表结构的介词用法(你站哒那里做马格?)、表反复问句(他到底来哒没来哒?)以及没有湖南、湖北等特有方言词外，表达的类型以及所用的基本格式几乎完全一致。这单从语言的本身特征也充分证明了之间的渊源关系。当然也可以说，如没有占相当比例的湖南、鄂西移民，“哒”的用法特征在千里之外的镇坪八仙得到保留，那也是完全不可能的。参考文献： \[1\]吕叔湘.现代汉语八百词\|Mj.北京：商务印书馆.1999. \[2\]镇坪县志\[M\].民国三十三年(1944). \[3\]彭兰玉.衡阳方言语法研究\[M\].北京：中国社会科学出版社，2005. \[4\]赵元任.湖北方言调查报告\[M\].北京：商务印书馆，1948 “Da ” in Dialects of Zhenping and Baxian ZHOU Zheng (Department of Chinese Language and Literature， Ankang College， Ankang， Shaanxi 725000，China) Abstract： “Da ” in the dialects of Zhengping and Baxian is not only an auxiliary word， but also a word ex-pressing tones.As an auxiliary word， it is used after verbs to indicate the completion of an action， as a word ex-pressing tones， it is used at the end of declarative， interrogative， exclamatory and imperative sentences to indicate aflirmation， confirmation， supposition， exclamation， prohibition or dissuasion， etc. Key words： dialect of Zhengping； dialect of Baxian；“Da”	__label__neg	null	null	null	null	null
zh	N/A	N/A	国际商业票据市场监管方式最新变化及启示胡松 (中国华融资产管理公司博士后工作站，北京100045) 摘要：商业票据市场是典型的受管制的可转让证券市场，：也 Abstract： Commercial bills market is a typical regulated是货币市场的重要组成部分。本文介绍了国际商业票据市场securities markel， a significant part of capital market. This的监管框架，重点对国际商业票据市场监管方式的最新发展paper reviews the regulatory pattern of international情况进行了分析，并深入探讨了这种变化对商业票据市场的commercial bills market， with more emphasis on the latest重大影响：最后结合我国短期融资券市汤的现状，提出了我regulatory evolution. The author makes a deep analysis of们应当借鉴的经验和采取的政策， how this change is affecting the market. He also makes policy proposals relating to Chinese short-term notes 关键词：商业票据；市场监管：信用评级；信息披露作者简介：胡松，金融学博士，中国华融资产管理公司博一market. 后工作站博士后研究员，研究方向：资本市场理论与金融风Key words： commercial bills； market regulation： credit险管理. rating， information disclosure 商业票据(Commercial Paper， CP)是-种以短期融资为目的、由较高信用等级企业在货币市场上发行的无担保票据。现代商业票据起源于美国，崛起于20世纪80年代，与货币市场其他工具相比，商业票据具有市场准入门槛低、风险较大，监管严格等特点，是典型的受管制的可转让证券(Regulated Securities)。正是这种规范运行的特征奠定了商业票据市场健康发展的基础，使其不仅日益成为各国货币市场中的一个重要子市场，商业票据利率也成为了各国货币政策的一个重要指示器。根据BIS的统计，1994年全球商业票据未清偿余额为8029.99亿美元，随后一路持续增长，到2000年底时达到了20517.47亿美元。然而，进入2l世纪后，受美国能源公司违约事件的影响，国际商业票据市场规模急剧萎缩，各国监管部门根据本国实际，陆续采取各种有效措施规范市场行为，恢复市场信心，商业票据市场的运行逐渐趋稳，市场结构和功能也开始发生变化。本文将通过对国际商业票据市场监管领域的最新变化进行归纳说明，分析这种变化对市场的深刻影响，总结国际监管的经验，以期为我国短期融资券市场的健康发展提供借鉴。国际商业票据市场监管的一般框架 20世纪80年代以前，现代商业祟据市场只存在于美国、加拿大等国家、在20世纪80年代兴起的金融自由化浪潮推动下，欧美其他国家纷纷效仿美国创设本国商业票据市场，并逐步构建起木国的票据市场监管框架。一、监管法律依据与监管主体由于金融法律环境及其演进的差异，各国商业票据的监管法律框架存在明显的差异性，市场主导型国家般将商业票据视为证券，山证券监管部门进行管理，如关国规范祟据的文件是《1933年证券法》，监管部门是美国证监会(SEC)：英国的相关文件是1995年推出并于2001什修订的《证券公开发行管理条例》，监管部门是金融服务管理局(FSA).而在银行主导型的国家，商业票据被视为货币市场工具，由中央银行来管理。在日本，监管法律文件是《证券交易法》，监管主体是日本银行；在法国，监管法律文件是《金融与货币法案1998》，监管部门是法兰西银行。二、监管的主要内容 1.发行主体监管一般来说，在市场主导型的金融体系中，准入门槛较低，无论发行主体的性质和行业属性如何，只要符合免注册等规定，均可以发行商业票据，所以商业票据的发行主体有银行3和各类非银行公司等。而在银行主导型的金融体系中，出于审慎目的，增加了约束发行主体性质的一些条件，如法国和日本规定银行不得发行商业票据。 2.信用评级与信息披露监管信用评级是信息披露的重要环节，各国监管部门均要求企业发行票据必须进行信用评级。20世纪70年代之前，国际资信评级行业主要从事企业违约情况分析和长期资信评级，宾州中央铁路公司违约事件后才开始进行企业的短期评级，由于票据期限短，商业票据信用评级没有长期债务评级那样精细，评级机构更关注流动性便利和银行信用支持等第三方支持措施对企业偿债能力的影响。在信息披露方面，各国规定票据发行必须发布发行招募说明书，在说明书中要详尽披露有关公司财务、业务发展的具体情况。由于许多发行企业也是上市公司，在资本市场披露的信息内容大部分也涵盖了商业票据信息披露的内容，因此，票据发行招募说明书可能会很简约。为强化票据的信息披露，法国等国还制定了严格的定期信息披露制度，要求企业每月进行一次企业财务信息披露，至少每三个月作-次信息披露。此外，各国要求非金融企业发行的商业票据必须通过银行或合格承销商间接销售，这就要求银行或承销商必须对发行企业的经营管理和财务状况进行跟踪监控，从而能进一步有效控制商业票据的风险。 3.投资者行为监管对投资主体行为的监管涉及投资范围、投资比例等。如美国《1940年投资公司法案》规定机构投资者投资的票据品种只能是“合格票据”，即发行人必须至少从两家全国认可的评级公司中获得最高的两种信用评级“P-1或P-2”之·至少被两家评级机构评为“P-1”的合格票据是l类票据，1类之外的合格票据为2类票据。该法案第2a-7条还规定：货币市场共同基金持有某家公司发行的l类商业票据的比例不能超过其资产的5%，持有某一家公司发行的2类商业票据的比例不得超过其资产的1%；此外，持有的2类商业票据的总资产不能超过基金资产的5%。近期国际商业票据市场监管方式的新变化进入21世纪后，以2000年中期至2001年早期的加利福利亚能源危机中两家大型公用事业公司――太平洋燃气和电力公司与南加利福利亚爱迪生公司的违约事件为起点，商业票据违约率不断攀升，各国国内市场规模急剧萎缩，更为严重的是非金融机构部门成为了本次冲击的重定区，以美国为例，2000年非金融机构商业票据未清偿余额为2784亿美元，但从2001年开始，未清偿余额迅速下降，2001年到2003年， CP余额分别为1779亿美元、1199亿美元、848亿美元。鉴于这一严重情况，各国监管部门相继推出了系列改进措施。一、促进信用评级技术的改进信用评级机构方面加强了对企业财务报表的审核力度，在确保企业财务信息真实性的前提下，重点分析企业流动资产和流动负债的关系，严禁企业过分依赖商业票据融资，同时也加强了对企业长短期评级方法体系的有效结合。以标普公司为例，为了整合长短期信用评级体系，该公司提出了信用观察理念。信用观察突出了短期或长期评级的潜在趋势，着重考虑那些置于分析人员监督下的重大事件和短期变化趋势，主要包括：资本结构调整、股东大会投票，政府管制和预期的业务发展情况，当发生了以上事件或出现了与预期的评级走势偏离的情况时，评级将进入信用观察，并需要进一步的信息对该评级进行重新考察，但这并不表明评级一定会发生变化。信用观察并不考察所有的评级，而且事件进入信用观察也不是评级改变的个必要程序。“正面”的信用观察表示评级短期内可能被调高；“负面”的信用观察表示评级短期内可能被调低，而“待定”的信用观察表示评级短期内可能被调高、调低或维持不变。信用评级方法体系的改进提高了市场准人的门槛，对商业票据的规模和结构变化产生了直接影响。二、银行风险监管力度加大遏制了银行信贷承诺的过度扩张商业票据的发展扩展了银行利润增长的空间，但监管部门担心表外业务会增大银行风险。根据巴塞尔委员会《Thc New Bascl Capital Accord， Basel Ⅱ》的规定，包括表外业务在内的银行各类业务风险均受资本充足率的约束，这就严重约束了银行表外业务的扩展，银行风险管理意识的增强使银行实施第二方担保行为更为谨慎，对企业商业票据项目的审核更为严格。银行收缩信贷承诺规模和调整授信标准必然会影响商业票据的规模和结构。二、各国加强了对机构投资者行为的管理最为典型的是欧盟推出了UCITS系列指令， UCITS(Undertakings for Collective Inveslment in Transferable Securities)是可转让集合投资计划的简称，凡符合指令要求的基金只需获得欧盟一个国家的核准，就可以在其他成员国销售和投资。其中， UCITSⅢ规定2004年2月13日以后认可的基金必须符合该指令要求。指令明确规定了投资基金管理人和托管人的资格与条件、基金的投资政策和风险控制等内容，就投资品种的规定来说，基金可投资于成员国或非成员国证券交易所正式上市的各类可转让证券。就基金的投资比例来说，基金投资于同一主体发行的证券，不得超过基金资产净值的5%；投资于同一发行人的货币市场工具的比例不得超过基金资产的10%；基金投资于一个主体发行的证券超过5%时，该类投资的总和不得超过基金资产净值的40%。就基金的风险防范来说，指令要求基金维持5~10~40%的投资比例限制(指数基金除外)，并将此规则适用到货币市场工具，同时引入累积投资限制规则和集团的概念，强化整体风险管理。 UCITSⅢ指令不仅严格了对基金的投资范围、比例和风险控制的管理，而且也改变了基金等机构投资者的风险偏好，进而对商业票据市场的发展产生了深远影响。四、证券市场信息披露要求更加严格2001年12月安然事件后，美国国会和政府加速通过了《萨班斯法案》(简称SOX法案)。SOX法案主要强调对会计职业及公司行为的监管，包括：建立一个独立的“公众公司会计监管委员会”(Public Company Accounting Oversight Board， PCAOB)，对上市公司审计进行监管；通过负责合伙人轮换制度以及咨询与审计服务不兼容等提高审计的独立性；对公司高管人员的行为进行限定以及改善公司治理结构等，以增进公司的报告责任；加强财务报告的披露；通过增加拔款和雇员等来提高SEC的执法能力。此外，法案也提高了对公司高管及白领犯罪的刑事责任。显然，严格市场信息披露要求必然会进一步提高商业票据市场的透明度，约束市场各类参与主体的行为。监管措施改进对商业票据市场的影响一、市场规模开始缓慢回升近年来，为促进经济复苏，美联储多次下调联邦基金利率，这一方面不仅刺激了企业发行长期债券，减少了对商业票据的依赖(Pu Shen， 2003)，而且改善了银行资金的可得性，吸引了更多企业转向信贷市场融资。另一方面，随着商业票据市场的不断规范，低利率也刺激了票据发行规模的缓慢回升，根据美联储统计，美国非金融机构商业票据未清偿余额由2004年的1016亿美元上升到2006年的1171亿美元，而截至2007年9月6日止，美国未清偿商业票据总余额为2057亿美元，发行企业数量达到9453家。二、资产支持票据和1类票据发行比例增加，市场风险明显降低资产支持票据(Asset-Backed Commercial Paper， ABCP)是指以发行企业获第二方资产作为抵押物而发行的商业票据，最早产生于1983年的美国。ABCP能够为票据发行项目提供稳定的流动性支持，阻隔企业的经营管理风险，提高发行企业的信用评级等级。近年来，美国商业票据市场中不仅1类票据的比例越来越高，而且各类票据以资产支持形式发行的比例也在不断增长。2001年以来，各类商业票据未清偿总余额中绝大部分都属丁1类票据，而资产支持票据无论从绝对规模还是从占票据未清偿余额的比重来看都在不断攀升，其绝对值从2001年的6458.57亿美元增长到2006年底的9812.81亿美元，相应占比也从2001年的49.7%增长到2006年的56.37%，见图1(美联储网站数据). 资产支持票据的发行直接导致了越来越多的资信等级略差企业进入商业票据市场。据穆迪公司的统计\[3\]经该公司评级的P-2级企业数量从1989年开始一直呈上升趋势，进入21世纪后，这类企业的数量一直维持在高水平。P-2级企业数量2001~2004年分别是416家、453家、433家、437家，P-2级企业数量占比在2004年高达32.39%；相反，P-1级企业的数量从2000年开始大幅减少，从2000年的1024家降到2004年的779家，占比则从2000年的64.77%降到2004年的54.75%。这说明市场在一定程度上部分否定了信用评级的风险识别与筛选作用，转而依赖更为现实的担保形式确保投资安全。三、货币政策指示器功能有所恢复作为货币市场的种重要工具，商业票据具有一定的经济预测功能，这种功能是通过票据利率与短期国债利率差异即票券价差(Paper-Bill Spread)的波动体现出来的：经济收缩时票券价差会增大；反之，会缩小，西方学者提出了四种解释：(L)违约风险假设认为投资者预计经济收缩会限制企业获得必要现金流的能力从而增加违约风险，因此会要求个更高的违约风险溢价。(2)货币政策假设(Cooke， 198\])认为从紧的货币政策导致借款人转向商业票据市场筹资，从而导致商业票据利率的提高。如果票据与短期国债的替代性不高，就会限制两个市场的套利行为，商业票据利率就会随国债利率而上涨(3)现金流假设认为经济收缩会减少企业的现金流，迫使企业通过发行商业票据为增加的存货需求融资，从而增大票券价差；(4)流动性假设(Jones、\[5\] Ostroyy， 1983) 认为经济紧缩会导致投资者的不确定性增加，从而促使投资者进行流动性结构的调整，如增加国库券的持有，减持商业票据(J.Peter etal.，1994) \[6\] 上述假设在20世纪80年代中期之前的商业票据市场得到了很好的验证。然而，进人80年代中期后，随着各国金融管制的放松和票据市场规模与流动性的变化，票券价差的变动不再具有规律性；相反，票券价差在不断扩大，经济预测能力明显下降。些实证结果证明了这一点(Bernakc，1990；Fricdman和Kuttner，1993)，他们认为其根源在于：短期国债的面额变小、流动性增强、税收优惠等变化和特点加剧了与商业票据的不完美替代性，资金更多地流人国债市场，扩大了票券价差；信用等级较差企业的增加扩大了商业票据市场供给，并导致票据质地下降，这必然压缩商业票据的需求空间而扩大其成本空间。近几年来，这种情况得到了改善，票券价差的预测能力有所恢复，以美国为例，2000~2002年， GDP的增幅出5.92%降为3.17%、3.37%，3个月票券价差却从45个基点降为25个、8个基点，与前述经济收缩伴随票券价差扩大的假设完全相悖。但从2003年开始，美国经济增幅加快，由2003年的4.69%上升到2004年的6.86%，票券价差从2003年的10个基点降为4个基点。2004~2006年， GDP的增幅由6.86%降为6.35%、6.33%，票券价差则从4个基点上升到27、37个基点(见图2)。显然，这种变化与票据质地提升对投资者的影响有密切关系。综上所述，各国监管部门通过实施改进信用评级技术、强化对商业银行的风险监管、严格投资主体投资行为和信息披露要求等措施来不断提高商业票据质量，降低整体市场风险。对我国发展短期融资券市场的启示一、我国短期融资券市场现状我国的短期融资券与商业票据相似。在20世纪80年代后期，我国曾尝试发行过企业短期融资券，但因各方面条件不成熟，不久便退出了市场。以2005年5月中国人民银行推出《短期融资券发行管理办法》为起点，我国短期融资券开始了崭新的历程。较为完善的市场体系、规范的市场运行机制和众多的机构投资者群体为短期融资券的快速健康发展奠定了坚实的基础，其发展势头迅猛。从2005年到现在，共发行了508只融资券，累计融资6637.3亿元；仅2007年年初到现在，就发行了187只融资券，发行额达到了2293.8亿元，到年底突破4000亿难度不大(见表1)。但是，我国短期融资券在发展过图1 美国商业票据术清偿余额数燃总额姐1类票据C口2类票据仁资产支持 -+--ABCP占比程中也出现了一些新问题(见表l)。从短期融资券的期限结构看，期限延长的趋势开始显现。2005年发行的一年期融资券为60只，占总数的76%；2006年发行的一年期券有197只，占81%；2007年已发行一年期券165只，占88%。与此形成鲜明对比的是我国短期融资券的换手率(流动性)不断降低，表现出期限延长而流动性下降的趋势，这意味着短期融资券市场风险有不断淤积的迹象。从评级结构看，信用评级结果有趋同化的趋势。2005年获得A-1+级的企业有33家，占发行总数的41.8%；2006年获得A-1+级的企业有52家，占21.5%；而到了2007年除了未评级的企业外，所有企业均为A-1级。反差强烈的是，融资券的发行利率却呈现出由一致到分化的变化趋势。2005年发行的短期融资券利率几乎都是2.92%，无信用级别、所有制形式、行业之分。此后利率开始发生分化，今年以来利率最高为5.28%(广西水电集团)，最低为3.34%(中国网通)。尽管利率差异增大综合反映了宏观经济环境、利率、流动性等因素的影响，却很难看出评级结果对融资成本的重要影响。显然，我国信用评级机构并未发挥其应有的评价风险、揭示风险的作用。此外，我国短期融资券的信用支持形式过于单一、信息披露的内容过于简单也是不容忽视的问题。二、国外经验对我们的启示商业票据本质上是通过市场机制的作用，筛选出一批市场敏感度高的企业，成为货币市场的重要主体，通图2 美国非金融机构商业票据与国库券差价单位：% 过这类企业对市场信息特别是政策信息的反应来影响整个市场，并将这种信号迅速地传递到资本市场，达到完善利率体系、加强货币市场与资本市场的连动性、提高整个金融市场弹性的目的。国际商业票据市场监管方式的最新变化告诉我们，要保证商业票据市场健康快速发展，必须加强市场供需主体建设，大力促进以信用评级机构和商业银行等市场中介机构的发展，进一步加强以信息披露制度为核心的市场运行机制建设。 1.大力发展评级事业，有效过滤风险信用评级机构作为信息生产的专业机构，能够有效地降低信息不对称的程度，为投资者过滤掉大部分风险。目前，我国信用评级机构存在着评级技术落后、评级标准不统一、机构独立性不强等问题，为此，应该借鉴国际评级机构的经验，从影响企业长短期偿债能力的因素及其相互关系人手，着力打造符合中国国情的评级方法和技术，统一评级标准。另一方面，要通过扩大评级范围和提高评级收费标准，大幅增加评级机构的收入来源，提高评级机构的独立性和自律能力。 2.充分发挥商业银行的作用我国商业银行由于公司治理结构、经营理念、风险技术等制约因素的影响，介人短期融资券市场深度不够。为此，我们要积极鼓励更多商业银行介人融资券市场，商业银行也应该转换观念，强化风险意识和服务意识，在推动优质大客户更多走向融资券市场的同时，用多元化的金融服务手段塑造新型的银企关系，更深层次资风险。 4.以提高市场透明度为核心完善市场运行规则我国短期融资券的发行主体绝大多数都是上市公司，资本市场的信息披露制度能够在很大程度上满足短期融资券市场的需要，但短期融资券市场信息披露要侧重于披露影响企业短期流动性的因素，完善定期披露制度；要进一步减少各种费用，降低收费标准，简化审批程序，实现企业的滚动发行，缩短发行期限；积极推动票据的回购和抵押交易业务，增强短期融资券的流动性。和市场运行规则等因素看，只能看作是美国商业票据市场的子市场，而澳大利亚市场则因规模太小可以不予考虑。 3在美国，非银行公司可以分为金融公司和非金融公司。金融公司包括三类：企业附属型金融公司(captive finance company)，银行控股型金融公司和独立金融公司。非金融公司通常是各类实体企业。参考文献： \[1\]J.S. Alworth and C.E.V.Borio， Commercial Paper Markets： A Survey， BIS Economic Papers， No.37， April1993. \[2\]Pu Shen， Why Has the Nonfinancial Commercial Paper Market Shrunk Recently?\[B\] Economic Review， Federal Reserve Bank of Kansas City，2003. \[3\]Short-term rating performance and corporate commercial paper default， Global Credit Research， Moody's Investors Service，1972-2004. \[4\]Cooke， Timothy Q.， Determinants of the Spread between Treasury Bill Rates and Private Sector Money Market Rates\[J\]， Journal of Economics and Business， Spring/Summer， 1981，177-187. \[5\]Jones， Robert A.， Joseph M. Ostroy， Flexibility and Uncertainty\[\]， Review of Economic Review， March1983，78-98. \[6\]J. Peter Ferderer， Stephen C. Vogt， Ravi Chahil， Liquidity， Uncertainty， and the Declining Predictive Power of the Paper-Bill Spread， No. 119，1994，Clark University Working Paper. \[7\]Bemake， Ben S.， On the Predictive Power of Interest Rates and Interest Rate Spreads\[J\]， New England Economic Review， Nov-Dec 1990，51-68. \[8\] Friedman， Benjamin M.， Kenneth N. Kuttner， Why Does the Paper-Bill Spread Predict Real Economic Activity? In New Research in Business Cycles：Indicators and Forecasting\[M\]， James H. Stock and Mark W. Watson， eds.， Chicago： University of Chicago Press，1993，213-249.	__label__neg	null	null	null	null	null
zh	N/A	N/A	中华人代共鞋康劣动合历劳动着，该是美观察号2008.02.01 安徽农民工喜签劳动用工合同。photobase 策划：本刊编辑部渴望有尊严的劳动 ■观察记者刘晓林劳动创造世界。不劳动者不得食。天下没有白吃的午餐。没有不劳而获的事情。从这个意义上说，这个世界没有一个人是不劳动者。因此，可以这样说，劳动与每一个人相关，劳动法律也与人人有关。就在我们中国人劳动了那么久的时候：2007年6月29日，《中华人民共和国劳动合同法》作为一部劳动领域的基础性法律，终于得到全国人大批准通过。这是我国自1995年颁布《劳动法》之后制定的又一部相关法律。2008年1月1日，该法律正式施行。《中华人民共和国劳动合同法》包括总则、劳动合同的订立、劳动合同的履行和变更、劳动合同的解除和终止、特别规定、集体合同、劳务派遣、非全日制用工、监督检查、法律责任、附则这些主要内容。之所以要制定本法，总则里说得很清楚：“为了完善劳动合同制度，明确劳动合同双方当事人的权利和义务，保护劳动者的合法权益：构建和发展和谐稳定的劳动关系，制定本法”。本来有了《劳动法》，现在又新制定一个《劳动合同法》：这是为什么? 还有多少事可以“目中无法” 就在我们为劳动者和用工者之间可以用法律手段来明确双方的权利和义务而拍手相庆的时候，一些简单常识性的问题也不免让我们有些劳动者犯迷糊：劳动本来是世界上最光荣的事，劳动原来是世界上最基础的事，我们用自己的脑力、体力凭良心努力工作就是了，为什么还要强调劳动的权利?为什么还要用法律来保护劳动与劳动者? 因为长期以来，在我们许多劳动关系还算正常的另一面：也存在着这么一种常态：那些劳动关系大多是任凭用工者以强势霸王的身份单方面向劳动者提工作任务，由用工者单方面向劳动者定待遇，甚至在干活前用工者根本不如实告知劳动者工作内容、工作条件、工作地点职业危害、安全生产状况、劳动报酬，以及劳动者要求了解的其他情况，随意扣押劳动者身份证或其他证件以及随意定押金，不与劳动者签订劳动合同，随心所欲地变更、解除或者终止劳动关系……，而不少善良的劳动者总是处于弱势状态任由用工者摆布，所谓“端人饭碗·就服人管，就得服软"“工作不好找，人家能给自己一个工作就谢天谢地了，哪还敢跟老板、领导较真”劳动者与用 1月21日上午、江苏兴化市陶庄、开发区等乡镇的60多名农民工在该市城投(兴化)置业有限公司“城投国际街区销售中心”前讨要150万元血汗钱。 photobase 工者之间的关系是下级与上级、被雇佣者与雇主、拿薪水者与发薪水者、端饭碗者与给饭碗者之间的不平等关系，哪里还谈得上劳动者有什么权利?然而，劳动者面对用工者应有和谐协商的资格，劳动者的劳动也应是有尊严的。新实施的《中华人民共和国劳动合同法》，终于让劳动的权利和义务在所有国人面前规定得十分清楚。对照这部法律，我们才知道，原来劳动关系双方还可以做这些事情，原来我们有这样的义务和权益。这时我们才醒悟到：原来在我们现实生活中有过多少践踏劳动者尊严的恶劣行径!大则用工者非法用工、剥夺劳动者休息的权利和获取劳动报酬的权利，甚至野蛮地剥夺劳动者的生命：小则侮辱劳动者的人格：不把劳动者当一回事情…… 不需要怎么努力回忆、下面这些事实，我们一定还记得，它们通过新闻报道是那么清晰地呈现在国人眼前，让我们简直不愿相信这是发生在身边的真实故事— 2007年：在中国大地上传出一个个惊天新闻： —400名河南孩子被卖到山西砖窑，400位父亲泣血呼救!人贩子介绍1个未成年黑工，可得介绍费400一500元；砖窑每出1万块砖，窑厂主支付给包工头360元。而现在每1万块砖的市场价：为 2000-3000元；包工头靠克扣工人工资：或设法寻找更低廉实用的劳力赚钱。用未成年黑工本来就是非法用工，这种违法行为居然也出现在光天化日之下! ——山西32个农民工被囚黑砖厂，1天工作20小时!黑砖厂由5名打手和6条狼狗巡逻，农民工们每天面对的是打手们冰冷的铁棍以及狼犬的血盆大口，动作稍慢就会遭毒打，不听话者被活活打死!暴利下却不给工人一分工资，砖场没有手续，用工也是非法的。 ——有1名不知姓名的流浪汉，突然被人发现死在湖南未阳锡里砖厂附近的一个基建工地上：由此牵出一个黑心砖厂与“乞丐收养所”相互勾结的事件：砖厂从“乞丐收养所”招人做事，这些如同“包身工"一样的人每天进行长时间、超负荷的劳动，却得不到任何报酬，砖厂发的“工资”全部被汇往四川渠县“乞丐收养所”负责人曾令全的手中。更惨的是，这些“包身工”稍有不从，就会遭到监工的电击、殴打，或者是体罚、饿饭等形式的惩戒! ——东莞谢岗镇的凡振电子有限公司总务部部长朴锺吉骂“中国保安不如狗”，前任保安队长愤而离职。而新近招来的2名保安员到岗后，朴锺吉再次声称：“多招这两个保安、还不如多养两条狗。”对于这样的说法，退伍军人出身的保安员倪昔水认为，这是对军人的侮辱，也是对中国人的侮辱，“我们绝对无法接受。” ——这些年不断发生的矿难事故中，暴露了这样那样的与劳动合同法相抵触的事情：有的矿主根本不与矿工签订劳动合同，有的事先不告知矿工职业危害、安全生产状况、劳动报酬，甚至在事先明明知道矿井有严重的安全隐患，本应停工停产的，却置矿工的生命于不顾，违章指挥或者强令冒险作业，以至最后矿井透水、坍塌、瓦斯爆炸：多少矿工命丧黄泉，矿工遇难后，一些不法矿主给予的补偿却又少得可怜! 这种无法无天的非法用工，根本无视劳动者、无视法律的事情，就发生在我们眼皮底下。那些用工者眼里哪里还有劳动法、劳动合同法?更不用说劳动者的权益、劳动者的尊严了!按照《中华人民共和国劳动合同法》第七章“法律责任"的第八十八条的规定·这些都是严重触犯法律的行为，应当予以严惩：“用人单位有下列情形之一的，依法给予行政处罚；构成犯罪的，依法追究刑事责任；给劳动者造成损害的，应当承担赔偿责任：(一)以暴力、威胁或者非法限制人身自由的手段强迫劳动的；(二)违章指挥或者强令冒险作业危及劳动者人身安全的；(三)侮辱、体罚、殴打、非法搜査或者拘禁劳动者的；(四)劳动条件恶劣、环境污染严重，给劳动者身心健康造成严重损害的"。有人说，你上面拣的都是一些严重违反劳动合同法的事情说，这只是少部分不文明地区不文明工头的不文明极端行为，大部分用工单位还是遵纪守法讲信用讲公正公平的，，一般不太会发生不尊重劳动者尊严和权益的事情。真是这样吗? 我们再来看看此起彼伏的各种纠纷分案子。上海应该是文明程度相对高的地方了吧?游戏公司也是足够有文化的单位了吧?但是，还是一样发生与《劳动合同法》相背离的事情。 2006年8月30日，某电脑报及部分网站上刊登了游戏米果网络科技(上海)有限公司对6位前雇员的“通缉令”。大致意思是该6名员工与公司存在竞业禁止协议，希望同行业企业不要扉倜此6人，以免学起纠纷(连带责任)·公布了这6名离职员工的姓名、照片、身份证号码。该公司针对2006年离职的游戏开发团队的主要员工，频繁地向他们索要劳动赔偿，在不同的区级、中级法院提起诉讼43起，其中个案的索赔金额达600万元(具13起为员工起诉公司，30起为公司起诉员工；员工起诉公司的13起中，已有7起结案，全部为员工胜诉：公司起诉员工的30起案件中，已撤诉一起，判决一起：判决的为员工胜诉)。事实1.跳槽、离职在任何行非都是很普通的行为，业内主创人员离职甚至带着团队集体离职的事情也屡见不鲜，尽管干系重大，但像游戏米果公司这样对离职人员发出“业界封杀令”并动用法律手段退究责任的却是不多。“竞业限制”是否也需有合理边界? 按照《劳动合同法》规定：用人单位和劳动者签订保密协议：约定竞业限制条款的：应该约定在员工解除或者终止劳动合同后，在竞业限制期限内按月给予劳动者经济补偿。竞业限制协议应该是在双方自愿的情况下签署的：同时需要双方的共同遵守。若用人单位没有给劳动者竞业限制补偿金的，就不能要求劳动者履行党业限制义务。另外，员工在离职时未做工作交接的，公司可以要求其承担赔偿责任：们是前提是公司必须有证据证明白己的经济损失·而根据事实，这些跳槽、离职员工已经按照法律“竞业限制”规定做了该做的事情， i黑色通缉令"的做法显然侵害了他们的合法权益。劳动者尊产，不仅仅只有那些惊大大事里会涉及到、即使在我们日常劳动单位的每一件小事里也处处会关联到。比如“就业歧视"的现象我们就不陌生，我们周围不是常常会发生这样的“就业歧视”事件吗?用人单位在招用员工时往往处于强势地位，是否录用员工，由企北说了算。就业歧视”的典型问题涉及性别歧视、年龄歧视·身高歧视、柜貌歧视等等，其中最为突出的就是对乙肝病毒携带者的招聘歧视。广东东莞的文明程度也不算低，诺基亚移动电话有限公司也不算没有文化的单位但同科会发生：“诺基亚乙肝歧视案”2007年1月18日、黎胜(化备}在网上向东莞诺基亚移动电话有限公司投递了应聘测试技术员岗位的简历。之后，黎胜顺利通过笔试和面试，但最后·诺基亚因黎胜身带·不具传染性的乙肝“拒绝了他。样，遇到这样的对待就自认倒霉、忍气香声，而是想到了用法律武器来捍卫自己的尊产和正当权益，他将东莞诺基业形动电话有限公司及其在中国的总部告上了法庭。也起诉说：根据我国法及相关法律规定，公民有平等就业的权利·任何单位和个人不能侵犯公民的平等就业权我国《劳动法》规定，劳动者享有平等就业的权利、劳动考就业不应受到歧视·原黎胜没有像日常生活中大部分人那山西32个农民工被囚黑砖厂、：天被迫工作20小时： newsphatn ：告作为乙肝携带者，(病毒性肝炎防治方案》规定，乙肝病毒携带者除了不能献恤或从事直接接触人口食品和保育工作外：不能视为现症肝炎病人处理。原告是乙肝病毒携带者、身体符合从事测试技术员的条件。但被告根据体检结果拒绝录用原告的作为：违反了传染病法不得歧视乙肝病毒携带者的有关规定：严重侵犯了原告的平等就业权利：使原告精神上受到极大打击·这件事情：说明了什么? 的确：《中华人民共和国就业促进法》.《就业服务与就业管理规定》以及《劳动合同法》等几部新法中，均严格禁正用人单位以传染病病原携带者为由拒绝录用员工，同时也规定了用人单位不得在招用人员简章或招聘广告中包含就业歧视性的内容。但现实生活中以种种理由进行“就业歧视”的，并不在少数。一般来说，新员工到了新单位当然首先要夹着尾巴做人，接受用人单位的考验.作为新学徒，尊重比自己年长的有经验的老员工，谦虚学习，踏实工作、是最起码应该做到的.这是做人的规点。可是，现在却有一个有些争议的规矩：到了新单位千万不要谈待遇。否则一般的领导和老板都不会太高兴，认为你计较待遇，没有奉献精神：并恼了说不定一夜之间把你开了·其实根据劳动合同法，劳动双方当事人把双方的权利和义务谈清楚并签订台同是天经地义的事情·但是·不知什么时候起，这种不讲法律的规矩倒成了一种约定俗成。这其实是用工单位强势而劳动者弱势背后的不平等的反映。一些单位也趁机不发新员工报酬或者少发报酬，反正没有个准数：“领导老板说了算” 其实、我们只要了解《劳动合同法》的第二章“劳动合同的订立”第二十条“劳动者在试用期的工资不得低于本单位相同岗位最低档工资或者劳动合同约定工资的百分之八十，并不得低于用人单位所在地的最低工资标准"，以及第十九条“劳动合同期限三个月以上不满一年的：试用期不得超过一个月；劳动合同期限一年以上不满三年的、试用期不得超过二个月；三年以上固定期限和无固定期限的劳动合同：试用期不得超过六个月。同--用人单位与同一劳动者只能约定一次试用期。以完成一定工作任务为期限的劳动合同或者劳动合同期限不满三个月的，不得约定试用期·试用期包含在劳动合同期限内，劳动合同仅约定试用期的、试用期不成立：该期限为劳动合同期限”就知道到新单位的新劳动背应该有什么样的权益了。很多单位因为换了新领导等原因：往往对老员工不重用，或者对他们进行“裁员”令他们辞职回家。这些新领导不用老员工的理由是，“你的劳动合同是跟原来的领导签订的，现在单位法人更换了，因此原来的协议就不算数了。”因为企业重组、投资人更换，这样的事情经常发生。那些员工的事业和利益受到极大损害时，上级主管单位也往往以支持新领导“改革”为由，喜欢说些“手心手背都是関：改革总是要触及一些人的利益的，希望你们能正确理解……”之类的话·他们不知道自己的做法已经严重地伤害了那些老员工、在杭州等地都已经发生过这样的事情。我们通过一家电视台的采访看到了新领导不承认老的女员工与其前任法人签订的劳动合同的情况。某家媒体也在新领导上任后拿老员工开刀，令他们下岗。有一个年纪大的老摄影记者工作一直很敬业努力·妻子下岗·上有80多岁的老母亲，7下有孩子，全家的开支全靠他的工资，但是，该报社以竞聘上岗重新双向选择为名令其下岗·无奈、他只得到处求人帮忙托人求情…… 其实·根据《劳动合同法》第三章"劳动合同的履行和变更”第三十三条“用人单位变更名称·法定代表人、主要负责人或者投资人等事项：不影响劳动合同的履行”，以及第三十四条“用人单位发生合并或者分立等情况，原劳动合同继续有效，劳动合同由承继其权利和义务的用人单位继续履行”，“裁减人员时.应当优先留用下列人员：(一)与本单位订立较长期限的固定期限劳动合同的；(二)与本单位订立无固定期限劳动合同的；(三)家庭无其他就业人员：有需要扶养的老人或者未成年人的”，上述那些做法实际上是侵害当事人权益的违法行为。至于加班不发加班费的现象就多得去了，许多用工单位都这样做，早已习以为常、司空见惯了.国家法定每周工作40小时，而许多民营企业星期六也照常加班，但却不发加班工资·一些单位的员工法定节假日需要加班，晚上也要加班，照样没有加班费这一回事。用工单位让工用自己的休息时间为单位创造更多的利益：但不发加班费做得却很坦然。其实，即使我们没有看到《劳动合同法》第三章“劳动合同的履行和变更"第三十一条“用人单位应当严格执行劳动定额标准，不得强迫或者变相强迫劳动者加班，用人单位安排加班的：应当按照国家有关规定向劳动者支付加班费”加班发加班费也是生活中天经地义的常识。随着普通人法律意识的增强、人们也渐渐敢向自己的领导、老板讨说法了。广西桂林的“4年加班费索赔案”就很能说明问题、原告邓小雄于2001年11月5日进入桂林某市场有限公司工作，担任协管理员，工作期间原告基本上没有享受过休息回和法定节假日(其中只有两年实行过每周休息一天的制度)。后来：公司以原告多次在夜班睡觉为由将原告邓小雄予以辞退。邓小雄被辞退后，向桂林市劳动争议仲裁委员会提起仲裁，要求公司支付邓小雄工作期间(4年多)所有体息日和法定休假日的加班费，几经周折、最后终于得到了较好的结果。劳动合同期限、工作内容和工作地点、工作时间和休息休假、劳动报酬、社会保险、劳动保护、劳动条件和职业危害防护，法律、法规规定应当纳入劳动合同的其他事项都在劳动合同的签署范围内。但是，很多用工单位都不考虑劳动者的社会保险、劳动保护。不少新闻报道说：一些用人单位长期以来不给劳动者解决社会保险问题。有一位温州老板曾这样说：“天上雷公：地上员工”意思说要像敬畏天上的雷公那样敬畏自己的员工，是他们为企业创造了效益和利润、他们得到自己的工资报酬就是关经地义的。这位从事汽车配件的周老板在接受电视台采访时说：“员工的工资是他们养家糊口的血汗钱、保命钱，我们作为老板的一天也不能拖欠他们的，更不能无故克扣他们的!” 但是，与这位周老板的做法相反，中国有不少包工头、承包商拖延员工的工资，有的只打一张白条·拖延几年迟迟不给，以至员工为了那点可怜的血汗钱：求萎爹告奶奶、辛苦奔波·声泪俱下，还是无果·而这些克扣拖延员工的老换们却每H花大酒地·行贿送礼，根本不把员上死活当迈事情。只要搜索“拖欠工资”或举“劳资纠纷"这些关键词，令人吃惊的是会跳出这么多的新闻事件，广东、湖北、北京、四川….几乎所有地方都有这样的事情，有的酿成了殴打械斗的激烈事件：有的造成了命案。的《劳动合同法》，还何侈少事可以无视劳动的尊严? 践踏尊严的深层原因与新法的捍卫尊严力度其实：仔细着来，新施行的《劳动合同法》内容并不复杂：非常简单.所涉及的内容：也是日常劳动中最容易牵扯到--此细节但是：本来是这么简单的--些事情·我们乎时为什么却做不到呢? 我们之所以愿意深恩这些问题，是因为：它们不仅仅关联到简单的劳动问 1月15日，浙江余姚市人民法院为来自安徽、重庆、江苏、湖南等全国11个省市的302名农民工集中发放了被拖定的228万余元工资款。 photOnese 甚至，一位重庆农家妇女熊德明因为有幸与温家宝总理的偶然见面、由温总理答应帮她讨工资：拖欠几年的工资才能得以讨还(而且是在当天夜证1：时多，熊德明和丈夫就拿到了破拖欠的224C元务工工资).在这个新闻之后，接连暴出了中国有成千上万件拖欠工资的事情!而中国又有儿个人有那位重庆农家妇女那样的福气呢? 题：而且涉及到了深层的经济·文化、社会问题。在中国，关于劳动：关于劳动者，有多少“目中无法”的事情?而面对新实施从经济上来说：劳动双方是雇佣关系：创造多少效益：拿多少钱，始终是劳动双方关系的主线、雇主少付劳动成本多得效益是本能，雇主怎么对待员工，完全取决于其心地是否善良：“心太软”还是“心太硬”。心狠者，就像马克思所描述的一些资本家那样，残酷地榨取劳动者的剩余价值：充满了血淋淋的金钱关系.比如上面所说的一些极端违法行为。而心软者：则凭自己的良心尽量多为劳动者考虑，多给劳动者些劳动所得。比如2007年11月因为车祸去世的浙江平湖老板翁金华由于平时善待员工而使人们自发的来悼念他。比如温州老板叶胜康对一个自己违规操作受重伤的民工：本来按照规定企业只需支付几万元医疗费的，但为了抢救这位员：的生命却超额支付了70多万元，还在他重伤治疗期间照常给他发工资：保留他的职位：为此叶老板还获得企业社会责任特别奖。正是因为原来没有细致的法律规范来约束：很多人也不依法办事，因此：这种经济关系就变得随心所欲。不法用工者趁机钻空子，隨意克扣劳动者收入，劳动者也无从维护自身的权益和尊严。专家认为，在国家科技教育投入和企业自身研发投入长期处于低水平的情况下：经济还能高速增长的一个重要因素，就在于过分忽视劳动者权益，人为压低劳动力价格。我们一直很关注招商引资，关注企业产权的保护，关心GDP的增长，但对于劳动者的生存权和发展权的保护却关注不够。于足、伴随市场化程度的提高和财富的增长· 一一方面中国的富豪阶层以神奇的速度茁壮成长，另一方面劳动者却处境艰难：做工时间超长，芳动强度太大，报酬很低还屡遭拖欠：工作环境恶劣：没有权益保障。签订劳动合同是劳动者权益保障的源头。进入市场经济以两，资本、管理、劳动各自形成了自己的群体和社会利益，劳动和资本成为当前中国最主要的两大社会经济力量·长期以来.劳动合同这道“护身符”的缺失导致了企业随意加班、拖欠克扣工资等侵权行为大行其道。从近两年的调查数据看，私营企业职工劳动合同签订率只有百分之二二十：大量不签合同的“地下工人”远离了社会的保护，合理的市场经济要有法律保障，要立规矩保障劳动者的合法权利，《劳动台同法》的制定实施：顺度了中国劳动关系急需严格的法律规范的迫切要求。另外从文化上来说骨子里还要挖掘到我们国家儿千年的“只为上，不为下的皇朝思想。当宫的除了敬畏皇帝及地位高于自己的人以外，对另外的人都不放在眼里。对上点头哈腰：对下趾高气全徽淮北矿区银路戒开新麻《劳动合同法宝讲photobors 扬。这种等级观念·造成了人们惟官为大，百姓都是贱民的心态。所谓“劳心者治人：作为劳力青治于人”：在一些人眼里，作为劳力者的劳动人民是要等着·-些劳心者的统治工头治理收拾的：好像真是“劳动者最低胺似的。那时根本谈不上“以人为本”而是“以人为本”好果说“以人为本”的话，那么是“以皇帝这个人为本\，而“以黎民百姓为草木”所有劳动者的命运，以及掌握们命运的劳动时间、报酬、安全等等都握在用工者手里·哪个劳动者还取"犯上作乱”也只有老老实实，忍气吞声。许多人以此根本不尊重劳动者，践踏劳动者的权益和尊严，而本属政府秉持的科学发展观·核心是以人为本：采取亲民、爱民的民本嗯想行政，才有了这部《劳动合问法以维护劳动者的合法权益，构建和发展利谐稳定的劳动关系·应该说·是在体现一种公平公正的民主平等的文化。从社会的角度说·由于人的素质各不一致，好坏参羌不齐·社会管理又不到位，客观上造成了很多用工者可以胡乱对待劳动者的社会环境。如果出现纠纷：低层劳动者要见上级领导批示解决又不容易·因为上级领导往往很忙，被日常开会和接见责宾等等事务缠身，哪有时间来·接待上访者?而如果诉之于法律部门，以前又因为法律不健全：或者因为执法者受贿面执法不公，有法不依，一些工资拖欠案等居然可以拖上三五年面没有结果：有的工伤纠纷案的判定结果：也是明显偏祖用工单位的。因此，社会风气不正、法律不健全、管理部门不作为：都使一些不法用工者有恃无恐，根本不把明绣劳动者当一回事。正如湖南米阳锡里砖厂经常电击工人、打人致死的残忍工头罗政的心态---“你告到公安局也不会有人管”：也可说是描述了些地方的失管状态。与同类法规相比，历经两年修改、先后四次审议最终出台的《劳动合同法》结束了那种劳动出事无人管的社会局面，尽可能保护劳动者的利益，比如专门单叫了“监督检资\一个章节。第七十三条国务院劳动行政部门负责全国背动合同制度实施的监督管理。县级以上地方人民政府劳动行政部门负资本行政区域内劳动合同制度实施的监督管理。层级以上各级人民政府劳动行政部门在劳动合同制度实施的监督管理工作中，应当听取工会、企业方面代表以及有关行业主管部门的意见”。第七十四条“县级以上地方人民政府劳动行政部门依法对下列实施劳动合同制度的情况进行监督检查：(一)用人单位制定直接涉及劳动者切身利益的规章制度及其执行的情况。(二)用人单位与劳动者订立和解除劳动合同的情况；(三)劳务派遣单位和用工单位遵守劳务派遣有关规定的情况：(四)用人单位遵守国家关于劳动者工作时间和休息休假规定的情况；(五)用人单位支付劳动合同约定的劳动报酬和执行最低工资标准的情况；(六)用人单位参加各项社会保险和缴纳社会保险费的情况：(七)法律、法规规定的其他劳动监察事项”。对于规定不签合同视为无固定期限合同：随意约定高额违约金无效，休息休假首死合同必备条款，工资约定应有“水张船高”机制，患病非因工负伤要有相应待遇，单位违法解约要给双倍赔偿等等，都体现了《劳动合同法》保护弱者的立法目标。还有，从劳动者以及执法者、领导的索质来看。应该说，中国很多劳动青都不是很懂法律、也普遍缺乏法律意识。遇到组纷，不能够按照法律去解决问题，而是自认倒德，或者盼望抛到个好人包青天来为民请命。一些执法者因为自身紧质问题，不作为，或者收受贿赂，不能公正执法：许多企业老板、单位领导根本不去学习了解法律，而是用高傲的霸十心态对待员工，比如随意不签劳动合同，或者拖延发放工资时间，遇到员工提出工资待遇或者工作环境、工种要求时、经常狂安地放出这样的话：“睁开你们的眼睛看看吧、现在人才市场是供大十求的头方市场：想要这份工作的人有的是：给一份工作就很给你面子了：还不老老实实给我干活?今天工作不努力，明天重新找工作!…… 所幸的是：《劳动合同法》对于上述各方面：都作了清晰的规定·劳动者可以以此为武器，维护自己的尊严和权益·而老板们也不能再随意对待员工了。执法路的艰难而遥远毫无疑问.《劳动合同法》的颁行承载着推动中国劳动力市场良性运转·保障劳动者合法权益.调解劳资关系，建立劳资两利的社会主义劳动和谐保障的重大使命：但是、也有不少人担忧、因为劳动法执行的具体面复杂，要每个人每个单位都能按照法律行事，可能还有距离：首光是人们对中国的法律环境的担优问题。观察记者亲早听到人说：“中国的法律都是发布在会上，公布在报上贴在墙上、挂在嘴上、锁在抽屉里的东西、”意思是有法不依，有法不执行。这种担忧不无原因。中国改革以来的经验表明，推进劳动保障法制建设的关键在于的法而不是立法。专家就分析，照理谅，从1995年劳动法颁行以后·我们就有了劳动领域的根本大法，芬资关系的调节和协调就有了依据-但事实上，从那之后劳动者的处境不仅没有好转，侵犯劳动者权盖的现象反而越来越多，比现了“多龙戏法”的尴尬局面，这就说明，法制建设的重点并不在于立了多少法，说了多少漂亮话，而是要看法律法规的执行情况，看社会是否做到了“有法必依”“执法必汁” 人们普遍担心，《劳动合同法》施行是否会陷入与《劳动法》同样的境况。是担心地方政府追求(UP增长的政绩观：高于对劳工的校益保护，这是造成劳动权益得不到有效伸张的主要因素；二是拥心社会风气的腐败，也是劳动权益得不到保障的重要因素。比如·行贿受贿使得空嘴和尚念经变了味。比如社会普遍的不讲诚信的拖欠款现象，使得很多企业收不回应收款，从而也影响了企业的正常发工资和奖金：蓝是担心劳动保障部门与工商部门税务部门等政府部门相比，权限太小执法力度溥弱；四是担心作为劳动者代言人的基层工会·缺乏自己的独立性、政治影响太小、心有余而力不足：五是担心行使《劳动合国法》的社会环境。假如出现了劳动红纷，哪个员工又敢去告领导，即使告赢了、你的饭碗还是丢了。要使《劳动合同法》能起切实作用的关键，还是要彻底进行发展观的转变，大力落实科学发展观·把扩大就业、纪进就业和提高劳动者福利作为地方政绩考核的主要指标：还要积极推进政治体制改革，使工会更能够以保护劳工权益为已任。男外，是人们对于这部法律的认识问题：有不少企业认为，《劳动合同法》是站在员工的角度说话的。比如解约问题。广州一些省人大代表认为，劳动合同法规定企业不能“炒”员工而员工可以“炒”企业、这容易导致“恶意讨薪”等事件更频繁发生：还有“一个企业对员上调动、部轮换是很平常的事，但是在新劳动合同法实施后，就会遇到很多困难·你要改变他的岗位，有的就要求先给赔偿·新劳动法出发点是保护弱势群体，但在实际运作中，企业成了弱势群体。这种情况若发展下去：我想会出现恶性循环，很多岗位：我可用可不用的，我就不用，有些企业在成本上会考虑，最后的结果是就业的岗位越来越少：对很多劳动者来说，这并不是·一件好事情。” 因为与《劳动合同法》中“劳动者在该用人单位连续工作满十年”“用人单位与劳动者协商一致，口可以订立无固定期限劳动合同”以及劳动合同到期不续签、终止事实劳动关系、协商解除劳动合同甚至违法解除劳动合同等有关，2007 年下半年开始，包括中央电视台(CCTV)、中石化、泸州老窖等知名企业在内的众多企业开始了大规模规避法律的“裁员”.6月底.LG电子(中国)公司在总部和全国各地分公司大量裁减5全9年的老员工，其中成都分公司的裁员规模达到20%.9月底：展讯通信对北京分部进行了缩减，缩编人数在3G人左右，随后上海总部也进行?裁员：10月22日.沃尔妈全球采购中心全球裁员200余名、其中在中国深圳、上海、莆田、东莞的4个分部，总计将裁掉约100人。这些沸沸扬扬的“裁员”事件引起了新闻媒体、政府部门，学者等的普遍关注，甚至引发对于《劳动合间法》是否矫杜过正的讨论。为规范劳动者和企业双方的行为，广东人大代表建议广东应加快制定《广东省执行新劳动产同法实施细则》。由于从中央到地方，均未有出台执行(劳动台同法》的操作细则：加上司法界对该法的解读也不尽相同，致使企业在对新法的执行和理解中出现偏颇：表现出或激进或观望或抵触的极端行为，导致一些劳动者间接成为了受害者。但无论如何·劳动合网关联用工者和劳动者双方，《劳动台同法》的主要目标、是“明确劳动合同双方当事人的权利和义务而劳动合同的签订，也是“应当遵循合法、公平、平等自愿、协商一致、诚实信用的原则”的。“依法订立的劳动合同具有约束力、用人单位与劳动者应当履行劳动合同约定的义务”尽管有些方面更多是从劳动者合法权益的角度考虑：但对于长期以来我国许多用工者单方主导与劳动背之间的霸王合同的做法商该说是会起到必要的积极作用的。有了《劳动合同法》，只要合同双方“合法、公平平等白愿、协商一致、诚实信用”，纯相尊重，依法行事，我们相信：中国大地上一定会渐渐建立起一种文明和谐的劳动关系，那些违法事件、劣资纠纷一定会逐渐减少。劳动者和用工者双方的尊严也一定会逐渐得到。而只有这样，劳动才会变得光荣·变得美好.也只有在这样的情况下，大多数创造着世界财富的劳动单位用工者和劳动者不会发自肺腑地这样说一~“工作着，是美丽的!”	__label__neg	null	null	null	null	null
zh	N/A	N/A	从物的消费到符号消费 \-鲍德里亚早期消费社会思想研究徐永春 (山西大学，山西太原030006) 摘要：鲍德里亚认为，在消费社会，消费取代生产的逻辑成为社会再生产过程的中心，人们消费的对象，在形式上是物，而本质上则是物所代表的意义，消费的真相不在于享受物，而是要实现生产、建构和控制的功能。鲍德里亚的符号消费理论为研究日常生活的消费提供了新的视角，具有重要的理论和现实意义。关键词：鲍德里亚；物；符号消费中图分类号：F014.5 文献标识码：A 文章编号：1671-1491(2008)06-0080-02 鲍德里亚是法国当代著名的哲学家、社会学家，在欧美社会具有广泛的影响。象马克思和西方马克思主义者一样，他从研究商品和物开始，逐渐进入对现代消费社会的研究。从人们对物的消费行为中，鲍德里亚不仅看到了物或商品对人的本性的支配和异化，更看到了在物的消费中，实际蕴藏的是更深层的“符号”消费。于是，他从物的消费进人到了符号消费的领域，从而建立起了以符号消费为主导的符号政治经济学体系。 1 消费社会取代生产社会生产社会是以生产和制造为中心的社会。鲍德里亚认为前工业社会属于生产社会。在这种社会，生产力水平较低，物质相对匮乏，一切都围绕生产进行。按照马克思主义政治经济学来理解：生产是决定性的因素，一定的生产决定一定的消费、分配和交换，生产虽然以消费为日的，但消费只不过是再生产的一个环节，人们消费什么，消费多少以及怎样消费都要受到社会所能提供的商品的限制，受到生产的限制，生产在社会再生产过程中起着主导作用。人们的消费完全是出于维持生命和繁衍后代的真实需要，消费的是商品的使用价值。20世纪初诞生于美国的福特主义生产方式，通过采用规模化、标准化的新型生产制度，大大提高了劳动生产率，使生产进人批量生产阶段，不仅降低了生产成本，还促进了工人收人的增长和劳动条件的改善，从而极大提升了社会的消费潜力，造就了大众“消费社会”。进入60年代，后福特主义用机会经济取代了规模经济，采用柔性管理的方法，使消费范围进一步扩大，消费步伐进一步加快，为当代消费社会的形成与运作提供了强大的动力。鲍德里亚在《消费社会》一开始就指出：“今天，在我们周围，存在着一种由不断增长的物、服务和物质财富所构成的惊人的消费和丰盛现象。它构成了人类自然环境中的一种根本变化。恰当地说，富裕的人们不再像过去那样受到人的包围，而是受到物的包围……日常生活中的物品不断地繁衍，各种需要也一直增加。制造界不断地加速它们的生死周期，人的语汇便显得不足以应付”。在消费社会，消费取代生产的逻辑成为了社会再生产过程的中心，人们不再是生产什么就消费什么，而是要消费什么就生产什么，消费作为生产的起点和终点，成为刺激再生产欲望、拉动内需、促进社会发展的动力，成为支撑整个社会经济运行的灵魂。3：11 2 符号的出场每种物都有特定的结构和功能，随着社会的变迁，这种稳定的结构逐渐被打破，从而使物的功能获得了一定程度的解放，人们可以根据自己的需要对物重新组合从而得到不同的功能，于是物变成了一个纯粹的事物，它不再指向任何确定意义，但它又可以指向任何意义。要想让自己的商品尽快卖出去，关键是能否给其产品创造出迎合消费者需求的意义。而消费者消费的目的并不仅仅是具体的物本身，更重要的是物所指涉的关系和隐含在消费行为背后的意义。正如收稿日期：2008-09-15 作者简介：徐永春(1977-)，女，山西忻府区人，忻州师范学院政史系教师，山西大学哲学社会学学院马克思主义哲学专业2006级硕士研究生，从事马克思主义哲学史和西方马克思主义的研究。鲍德里亚在《物体系》中所说的“今天，很少有物会在没有反映其背景的情况下单独被提供出来。消费者与物的关系因而发生了变化：他不会再从特别用途上去看这个物，而是从它的全部意义上去看全滚的物。”\[2：3\]可见，人们消费的对象在形式上，表面上是物，而本质上则是物所代表的意义。物要想被消费，必须变成符号，当物变成了符号，人们才会去消费，符号就可以根据需要和某种意义联系起来，人们在社会系统的压力下不得不通过消费这个物品来实现这种意义。从流水线上下来的产品是一种客体物质，本身不表示任何意义，通过一定的方式赋予某种社会意义后才成为符号。按照索绪尔的符号学理论，符号有能指和所指两个部分组成，能指是符号的形式，所指是符号的意义，能指和所指之间没有内在或天然的联系。在符号系统中，符号的“价值”是通过它们与其他符号之间对立关系——差异性而获得的，符号必然有着自己的区别性特征，它们在差异对立中体现自己的价值。“今天最重要的，既不是机器，也不是财富，更不是作品：而是一种个性。”1：S8“对差异的崇拜正是建立在差别丧失之基础上的”。11.59什么商品赋予怎样的意义，这很大程度上是任意的，重要的是被社会认可。商品符号化就是将本身没有什么意义的产品进行符号式加工和编码，并通过大众传播手段，使消费大众形成关于商品符号的共识，从而建构商品符号体系。商品符号化作为一种新的生产方式，就是对产品的“二次生产”。 3 符号消费的功能及实现在人们消费的过程中，对不同物品的消费、对不同物品消费所拥有的特权暗示着种种不同的符号，这些符号使每个人的身份得以重新建构，这种建构后的身份使新的社会等级取代了旧的阶级区分。一块手表、一辆汽车、套西服、一包香烟，都可以成为标志消费者社会地位、文化品味、生活水准的符号，都可以充当建构地位和身份的手段。而对一个人的评价也总可以从很多符号的推断中得出结论，比如他的服装的质地风格、他对手表和香水的选择等等。于是，“当我们消费物品时，我们就是在消费符号，同时在这个过程中界定我们自己。”【4：110；因此，从物的消费到符号消费，消费符号已经成为身份建构的象征，它维护着消费社会的秩序，成为构成所有社会成员之间相互关系的基础和纽带。同时，消费又是社会驯化和社会控制的手段。鲍德里亚认为，“消费社会也是进行消费培训、进行面向消费的社会驯化的社会—―也就是与新型生产力的出现以及一种生产力高度发达的经济体系的垄断性调整相适应的一种新的特定社会化模式。\*\[1：52\]可见，通过消费培训、借助消费符号，当代社会对消费者灌输了消费逻辑、编码规则，强化着社会价值，实现了对消费者特定模式的社会化。消费的真相不在于享受物，而是要实现生产、建构和控制的功能。正如鲍德里亚在《消费社会》中所描述的“流通、购买、享受、对做了区分的财富及物品/符号的占有，这些构成了我们今天的言语、我们的编码，整个社会都依靠它来沟通交谈。”11：50-51J 实现上述功能的主要手段便是大众传媒，在消费社会，电视、广播、报刊杂志、电脑网络等传播媒介成为符号消费的技术支撑。它们把人们带人一个符号的王国，人们每天都面对符号的包围。鲍德里亚揭示了大众传媒的真相，他认为“电视带来的‘信息’，并非它传送的画面，而是它造成的新的关系和感知模式、家庭和集团传统结构的改变。”\[1：93)所以，大众传媒凭借一定的技术手段将大众文化意识形态的编码规则传递给了消费者，这种话语霸权使消费者不自觉的跟读，进而对物品的符号价值达成一种共识，消费者的自由和主权在这个过程中消隐了。鲍德里亚着重指出了“广告也许是我们时代最出色的大众媒介”。1：95它用动人的语言、优美的画面展示产品代言人物的形象、理想的消费环境、愉悦的消费体验，使商品成为爱情、友谊、活力、快乐、身份、地位、个性的能指，在消解了市场逻辑的同时，使消费者通过对广告中符号系统及其所包含的编码的解读，自动依附于广告的编码规则，从而使人们不仅成为消费的奴隶，更是媒介的奴隶。这样，大众传媒把每一个信息都变成了新闻符号、变成了可供消费的物品传给了受众，它自身成了符号的生产者。 4 符号消费的意义及缺陷鲍德里亚的符号消费理论注意到西方社会的重大变化，从马克思主义立场出发，运用符号学这一独特思维对当代资本主义消费现象进行了深刻的剖析。他认为消费正在有力地建构着人们的日常生活和新的社会秩序，消费是一种身份和地位建构的手段，是社会地位的标志，更是资本主义的一种社会控制方式。他的消费理论向我们揭示了一个不断增殖的符号所主宰的世界，为当代资本主义社会的观察与研究开启了新的视角，因而具有重要的意义。一方面，鲍德里亚将视角从物的批判转向符号的批判，对马克思异化劳动理论进行了深化和展开，他揭示了劳动异化伸展到人的生活的所有方面后，进一步指明异化以越来越隐蔽的方式实现着对人的压抑和统治，进一步发展了马克思主义异化理论。在符号主宰一切的消费社会中，消费者是育目的、被操纵的，消费者的个性和自由全部被淹没在符号中。这种被操纵的消费，是与人的真实需要不相符的消费，一种不断地被控制、被奴役的异化消费。广告等大众媒介不断进行编码推动着时尚，并刺激着人们的欲望，进而助长着一种纵欲、享乐和奢华的社会风气，人在对物的享受中丧失自我，人的一切行为乃至人本身都发生了异化和蜕变。这样，消费成为资本主义的一种新的控制形式，资本主义社会的异化从物的领域进人到了符号领域，商品拜物教批判过渡到了符号拜物教批判，极大的丰富了马克思主义理论。另一方面，鲍德里亚发展了马克思的商品“二重价值”理论，在商品的使用价值和交换价值之外引人了符号价值。传统的劳动价值理论认为商品有二重性，即使用价值和交换价值，使用价值是商品的有用性，功能性或效用。然而在消费社会，我们在消费物品的物理的、化学的、生物的自然属性的同时，也在消费人们在长期社会实践中创造的赋予物品的社会属性，于是鲍德里亚对马克思的“二重价值”理论给予了补充，在商品的使用价值和交换价值 (下转第115页) 学出版社，2004. 洛秦.音乐中的文化与文化中的声音(二)\[J\].音乐艺术，1999，(3). 8 汪毓和.关于进一步推进中国近现代音乐史教学改革的几点建议\[J\].人民音乐，2005，(2). \[9\] 代百生.德国的音乐教育专业培养模式及其对我国高等音乐教育改革的启示\[J\].中国音乐，2007，(1). 10 蔡良玉.对西方音乐史教学中的中西比较视野的思考\[J\].人民音乐，2006，(1). 11 段文.高师中国音乐史教学研究初探.艺术研究，2005，(1). \[12 胡丽玲.中西音乐史研究与教学异同刍议.中国音乐学，2007，(1). Trial on the curriculum reform of Chinese music history in normal universities DUAN Yong-hui， CHAI Guang -yu (Changzhi College，Changzhi 046011，China) Abstract： Chinese music history is a compulsory course for four - yearstudents who majored in Music in every normal university. This course is valuable to the students on raising the appreciation ability of music， perfecting its knowledge structure and adapting the need for the preliminary music education. This paper did a primary exploration of curriculum reform to Chinese music history mainly from three aspects， i.e. structure， way of study， and mode of evaluation， and aimed to help the students to understand the development of Chinese music history， have correct view on music history and last but not least， to help them find the true pleasure in learning this colrse. Key words：normal university； Chinese music history and appreciation of great works；teaching reform 米米谦光米米泽染米率米崋来米迷坐率坐出米米米橄米米光禅涤业案津业坐坐坐坐坐业光消海新淤治市之外，引入了商品的符号价值，从而拓展了对商品价值的认识，为考察和衡量现代商品价值提供了新的视野和新的维度，极大丰富了马克思主义政治经济学。借助商品的符号价值，人们可以更加明白为什么商品变成了欲望和着迷的对象，炫耀性消费为什么会发生，为什么有些商品会得到人们的偏爱，而这些问题是商品的使用价值和交换价值所无法解释的。同时，符号价值的提出还让我们意识到：在当今经济全球化的发展趋势下，商品生产不是一个纯技术、纯物质性或功能性的标准，而是一个经济与文化符号结合的生态性建构。【5：361按照鲍德里亚的观点，商品和服务已经符号化，我们生产的已经不是纯粹的物品和服务，而是附着在物品或服务上的符号。哪个企业在现代生产中能够创造和生产出更受欢迎、更被消费者认同和接受的，包含更多文化和符号价值的物品或服务，哪个企业就会取得成功。这一点在现代经济文化领域也是极具现实意义的。鲍德里亚的视角从物的消费转向符号消费虽然有极其重要的意义，但也有无法回避的缺陷。主要体现在鲍德里亚将消费社会的一切都视为符号，强调符号的能指性，忽略符号的所指性和物的使用价值，认为整个消费都是在符号游戏的王国中进行的。因而在鲍德里亚的消费理论中，物质生产失去了价值，任何对物的本真的追求都不再有意义，消费失去了本体，从而走向了无奈和虚无.4。对此，鲍德里亚在《布拉格的大学生》中这样说“一切超越异化的理想的解决方法都被无情击碎。异化是无法超越的：它就是与魔鬼交易的结构本身。它是商品社会的结构本身”1：150\]他失望地认为，最后的解决方法不是解放而只能是毁灭和终结，这也使得鲍德里亚的消费理论最终走向了虚无主义。 (责编：杨春雁) 参考文献：「11 \[法\]让·鲍德里亚.消费社会\[M\].刘成富，全志刚译.南京大学出版社，2006. \[2\] \[法\]尚·布希亚.物体系\[M\].上海：上海人民出版社，2001. \[3 黄波.鲍德里亚符号消费理论述评\[J\].青海师范大学学报，2007，(3). \[4 \[美\]乔治·瑞泽尔.后现代社会理论\[M\].谢立中等译.北京：华夏出版社，2003. \[5\] 桂世河，符号价值是商品的第三种价值吗\[J\].西安电子科技大学学报，2005，(3).	__label__neg	null	null	null	null	null
zh	N/A	N/A	浅谈资金集中管理创新与实践以江苏省电力公司95598集团账户应用为例 ●江苏省电力公司财务部袁惠萍【摘要】资金集中管理已成为现代企业集团普遍来取的管理模式，世界500强企业80%以上采用资金集中管理，我国企业集团在经历了不断改革和创新过程中也尝试着不同的资金集中管理模式，江苏省电力公司经过积极探索，结合公司实际管理需求，研究设计应用了“95598 集团账户”的资金管理模式，有效地提升了资金运作能力，极大地降低了资金成本，提高了资金使用效率和效益。【关键字】资金集中管理集团账户模式一、企业集团资金管理的发展趋势从西方早期财务管理的萌芽开始，财务管理经历了资产负债管理、以利润为中心管理、公司价值管理的发展过程，从历史的发展过程来看，也经历了数次分权、集权模式的转换，随着企业并购扩张和跨国、跨行业的多元化发展以及适应市场环境、竞争环境的需求等，财务管理职能一直发生着变革，形成了集权——分权——更高层次财务集权管理模式、财务集中管理已成为企业集团财务管理的必然趋势，据统计H前世界500强企业80%以上建立了财务集小管理模式。随着财务集中管理的不断创新和企业管理环境的变革，尤其是网络倩息技术的迅速发展为集团公司资金集中管理所需的信息处理提供了技术支持；银行等金融系统的结算方式创新以及先进的信息化和网络化结算丁段，为集团公司资金集小管理提供了存货类质押融资模式，是指融资企业以其自有的存货作为担保，向银行等金融机构借款，此过程中，银行等金融机构可以委托第二方物流公司或者资产管理公司对存货进行监管和存储。融资企业将存货(包括商品、原材料等)存放在银行指定或认可的物流企业仓库作为质抑物，向银行中请贷款开立银行承兑汇票或保函等业务，其中融资企业以物流企业开出的仓单作为质押物向银行中请贷款的信贷业务，是物流企业参与下的权利质抑业务，图2仓单质押融资风图3动产质押融资风险审计要点险审计要点存货类质打融资主要有仓单质抑和动产质抑两种模式，其主要风险控制点与审计要点(如图2，图3所示)：市计质押物的价值真实性，即是否货真价实；零售商的信用额度和破产概率；银行对存货质押率的确定的合规性；银行对质押商品的市场监管机制的完善性；仓单的实效性；供应链下游的市场风险，重点关注销售情况对还款能力的影响；物流企业对质抑物保管、处置的合法性等。 (本文受基金项目：国家社科基金项目<项目号：10BJY083》；湖北省软科学研究专项项目《项目号：2012GDA00905)；湖北省教育厅人文社科基金项目(项目号：2010g055)资助，) 参考文献 1.严广乐.2011.供应链金融融资模式博弈分析J\].企业经济， 4：5-9 2.郭伟昌、刘金凤：2008.企业风险审计模型研究与应用审计研究，6：2733 3.李春震、孙红星.2012.商贸企业内部绩效审计研究\[I重庆科技学院学报(社会科学版)，14：78-80 4.腾剑仑、罗金华、韩家彬.2012.供应链金融审计风险\[\|三明学院学报，29(10)：1-5 5.侯彦波、张立焕.2013.企业内部审计风险与控制研究打经济研究导刊，7：116 117： 6.尹莉娅.2013.刍议供应链审计的框架问题工会论坛，19(4)：96-97。 7.徐贤浩、邓晨、彭红霞.2011.基于供应链金融的随机需求条件下的订货策略J中国管理科学，19(2)：63-70 技术平台；企业集团白身也经历着生产经营集约化、组织机构扁平化、经营范围全球化等一系列的变革，促使企业集团的资金管理也必须顺应这一系列的改革和变化。通过资金集中管理可以史好地发挥资金规模优势，提高资金运作空问，整合公司资金资源，保障资金风险管理，满足集团公司发展战略和经营管理对资金的需求二、江苏省电力公司实施资金集中管理创新的背景 (一)公司基本情况简介。江苏省电力公司是国家电网公司的全资子公司，主要运行、管理、建设区域电网，经营境内电力产品销售，公司下辖13个地市级供电公司、51个县(区)供电公司，20余个检修、施工、科研单位：截止2012年底，公司总资产近2000亿元，销售电量3800余亿干瓦时，实现销售收人2800余亿元，拥有电力客户3300万余户。江苏省电力公司为法人单位，财务独立核算，市、县供电公司作为分公司，实行“收支两条线”管理，公司的资产总量、营运资金、投资和筹资规模等都非常大，是典型的资金密集型特大企业，而资金作为企业的血脉，是公司财务管理的重中之重，强化资金管理直以来邻是公司追求的日标。 (二)公司资金管理的特点 ·是客户多，拥有3300万客户，遍及全省各区域、各行业及居民下家万户，电费能否及时\|收关系到公司的简单再生产和扩大再生产，因此要求必须多渠道、多方式、多于段回收电费并保证其安全；二是投资规模大，资金缺口多，需要科学合理地安排筹资活动，以较低的财务费用筹集所需的资金；一是现金流量大，收支业务频繁，必须加强资金的科学调度，统筹安排，并要求必须设置经济合理的资金安全储备四是资金安全管理要求高，必须强化资金风险控制管理， (三)上级主管部门对资金管理的有关要求。是国资委对资金集中管理的要求：国资委为推动央企加强资金管理，提高资金使用效率，强化资金监管，提升财务风险控制能力，提出了“资金集中管理是现代企业集团普遍采用的管理力式.对于提高资源配置效率、防范经营风险具有重要意义”，要求各单位积极探索集团内部资金集中管理的有效方式，为大力推行资金集中管理提出要求。二是国家电网公司对资金集川管理的要求，作为全球最大的公用事业企业，国家电网公司2012年跻身于《财富》世界企业500强第7位，为适应现代集团公司的战略发展需要，提出了“集团化运作、集约化经营、精细化管理”经营理念，按照“集中、统一、精益、高效"的工作要求，提出了财务集约化管理的新思路，其中，资金管理要求推行资金全面集中、统一市批，统一管控，构建“资金池"等工作的资企管理H标， (四)公司对资金管理的新需求.公司经营管理的变革对资金管理提出新需求，是省公司对发电厂的上网电量进行统一调度，集中采集的购电量数据可以改变原来分散的购电费支付为省公司集中支付发电广购电费提供可能，而占生产成本75%以上的购电费也需要集中支付；二是公司在推行人财物集约化管理过程中，陆续实现了物资采购的集中招标、集中采购、集中配送和集中付款，其中对占资本性支出50%以上的：基建物资要求省公司集中统支付；三是为有效利用现有资金，降低资金成本，提高资金使用效益，公司推行集约化财务管理，要求将原来由各供电公司分散支付的大额资金改巾省公司集中支付，如购电费的集中支付、集中招标采购物资支付以及有关税费、财务费用等项目的集中支付：通过支付方式的改变，在省公司集中支付的资金约占全部资金支付的90%以上，也导致省公司层面的资金需求增加，需要资金高度集中和科学调度 (一)结算中心管理模式简介。江苏省电力公司在20世纪90年代以来致力于财务管理创新工作，特别是在资金集中管理方面根据电力企业资金管理的特点，选择采用结算中心模式在·定范围内实现资金集中管理，主要做法：第省公司成立结算中心，在商业银行开设结算账户用小对外结算，各基层单位在当地商业银行开设账户的同时在结算中心开设内部结算账户，用于公司内部的交易和资金归集。第二各市县供电分公司在商业银行开立电费账户，专用于电费回收，只收不文，每月定期自行将电费账户的收人资金转人省公司结算中心指定账户。第三，省公司通过结算中心归集基层单位闲置的生产经费资金和基建资金，即每个工作口各单位将当地商业银行经费账户中超过备付额度的资金上划至省公司结算中心的内部账户，并计算相应的利息。第四，结算小心对于上划下拨的逐笔业务需要二次开票，并进行账务处理 (二)原有资金集中管理模式的局限性。实行结算中心的资金管理模式对当时公司内部成员单位的资金结算和融通，盘活资金，降低资金成本，提高资金综合效益等方面发挥了较大作用。但是，随着公司不断发展以及内外部环境的变化，原有的资金管理模式存在不足，不能适应新形势发展的要求，需要进步改进和创新，其局限性表现在： 1.资金集中度较低.受局部利益的影响，存在着部分基层单位故意推迟或减少上划资金；各地商业银行网点人为压票；电费资金在地方代收银行不及时划转到归集账户等，影响全省的资金归集比率： 2.资金归集速度较慢，资金归集周期过长，电费资金的归集周期需要·周，影响资金周转效率，不利于发挥资金规模效益 3.资金管理效益不高。由于周期性的归集资金，使资金分散在各单位的账户上，导致公司出现广存、贷款双高现象，不利于公司的资金运作和统筹安排，同时增加了资金使用成本 4.资金管理工作效率较低。由于结算中心对内部的开户单位发生对外收付款时，需要二次换票，造成重复劳动；每日上下级各单位之间的资金上划下拨必须开票和进行账务处理工作量较大，劳动效率较低。四、江苏省电力公司资金集中管理创新与实践通过分析公司资金管理现状和内外部环境的变化，资命集小管理有很大的提升空间和技术支持，因此，江苏省电力公司联于商业银行利用具现有的资金集中平台和信息技术支撑，结合公司资金管理实际需求，进行二次开发，形成具有江苏省电力公司特色的“95598集团账户”，实现了集团账户统一标识和时时监控，资金时时归集和全部集中。 (一)用于资金集中管理的“95598集团账户”模式及特点 1.统一开设银行账户，统一编号统银行账户管理，全省各单位与省公司相应在银行开设账户，银行账号中的企业字段使用公司客服电话“95598°，省公司在各银行省级承办行开立一个“95598”集团账户一级账扩，省公司会计处在同·网点开设一个“95598°集团账户级账户，专项用于省公可对外支付和对某层单位的资金调度；各市、县供电公司在当地机应银行开立“95598°集团二级账户，包括收人账户和支出账户， 2.一级账户与二级账户的关系。省公司资金池账户作为级账户是实账户，基层单位账户为二级账户是虚账户、集团账户一级账户反映集团资金实际增减变动情况，集团级账户为零余额，零积数，显示账面虚拟额度；一、二级账户实行联动，时时归集资金，在途资金为岑。 3.银行账户的收、支、余额控制。收入账户，省公司统授权银行对二级收入账户设置文出冻结标识，二级收入账户资金支出仅限于流向小一级账户。电费资金的解交工作足由商业银行在月末将二级收入账户的账面额度户动批量上划至指定账户来完成的，广汇总进行账务处理。经费账户，省公司统一一授权商业银行根据公司及各单位的每周现金预算为各市县供电公司二级经费账户设定该周每口支出限额，并通过系统集中进行批量设置，当口的支付限额节余白动作废，保持零余额管理，其限额内的支付情况可以时时查询。透支额控制：各单位集团账户二级文出账户在限额范\|内使用，不可透文；省公司会计处二级专用账户，不设置口文付限额，不受其账面额度的限制，可以透支，但当日最大支付额不能大于一级账户实际存款余额 4.公司与银行的对账与查询。省公司“95598°集团账户的级账户开户行每日向省公司提供统计的级账户当日资金收支汇总清单；二级账户开户行根据各二级账户虚拟账面额度变动情况，提供银行回单和对账单；月末省公司一级账户开户行对省公司提供各单位二级收人账户分地区批量归集清单；省公司可对"95598集团账户的二级账户进行时时查询和监控， {二)“95598集团账户"实施的成效 1.银行账户管理水平得到提升：大幅减少公司的账户数量，全省一级账户数量仅为原来的10%，二级账户也不足原来账户的40% 2.资金归集速度加速集团账户二级账户的联动，将用户电费时时归集到省公司级账户，实现了零周期归集资金和消灭了在途资金。 3.资金归集比率全面提高。通过集团账户一、二级账户的联动.资金的时时归集，使各单位的"95598°集团账户二级收入账户余额始终为零，实现了级账户资金的全部归集。 4.资金管理工作效率更加高效。上下级往来不用每大遂笔核算及重复开票工作，只需月末汇总进行账务处理，提高了个省财务人员的工作效率。 5.资金使用效益进一步提高。改变了银行存、贷款双高的局面，充分发挥了公司的资金规模优势，每年通过资金统筹安排、合理调度集中运作，大幅降低了资金成本，提高了资金使用效益.. 6.资金风险防范更加有效：省公司可以时时监控各级账户变动情况、掌握全省资金状况，实行级收入账户零余额管理和二级经费账户限额控制，实现对资金的有效监控和风险防范。参考文献 1.孙静芹.2004.集团公司资金集中管理研究.中国经济出版社 2.杨雄胜、陈丽花.2007.集团公司财务管理.人民出版社。 (本栏目责任编辑：郑洁)	__label__neg	null	null	null	null	null
en	hf cc0-1.0	https://huggingface.co/datasets/storytracer/US-PD-Books	Vox Angelica : a new collection of Catholic hymns : organ edition author: Kemble-Wood, F.E ): F^^I^^^^^^^^^^^^^^^H Vox Anselica A NEW COLLECTION OF CATHOLIC HYMNS F. E. KEMBLB-WOOD ORGAN EDITION FALLON & CO. 89 TALBOT STREET, DUBLIN '' •) Bil)ii O^bstat: MICHAEL CRONIN, CENSOR THEOL. DEPUT. 3fmprtmi potest: ^ GUIvIELMUS, ARCHIEP. DUBI^INII. HIBERNIAE PRIMAS. Duhlinii, die 24"" Sept., 1913. CONTENTS Page 1. Hark, an Awful Voice is Sounding 1 2. That Day of Wrath 1 3. Day of Wrath 2 4. Love Divine, all Loves Excelling 3 5. Once in Royal David's City 4 6. Angels, from the Realms of Glory 5 7. See, amid the Winter Snow 6 8. Hark, the Herald Angels Sing 7 9. How Sweet the Name of Jesus Sounds 8 10. Jesu, the very Thought of Thee S 11. Jesus, Thy Blood and Righteousness 9 12. O Jesus, I have Promised ]0 13. When I Survey the Wondrous Cross 11 14. O Sacred Head, Surrounded 12 15. Glory be to Jesus .. , 13 16. Take up Thy Cross, the Saviour said 13 17. All Glory, Laud, and Honour 14 18. Ride on. Ride on in Majesty 15 19. Alleluia, Song of Sweetness 16 20. Christ the Lord is Risen to-day 17 21. Alleluia! Alleluia! Alleluia! 18 22. Jesus Christ is Risen to-day 19 23. The Head that once was Crowned with Thorns 20 21. Paschal Lamb, by God Appointed 21 25. Come, O Creator Spirit Blest 22 23. Creator Spirit, by Whose Aid 23 27. O Purest of Creatures 24 23. Look down, O Mother Mary 25 29. Hail, Queen of Heaven , 26 CONTENTS Page 30. O Joyful Heart of Mary 27 31. Hark, the Sound of Holy Voices 2S 32. Jerusalem the Golden 29 33. Holy God, We Praise Thy Name 30 34. Holy God-head, One in Three 31 35. Lead, Kindly Light 32 36. Faith of Our Fathers 33 37. Praise the Lord, ye Heavens, adore Him 34 38. The Saints of God, their Conflicts Past 35 39. Through the Night of Doubt and Sorrow 36 40. Sing, Sing, ye Angel Bands 37 41. Hail, Glorious Saint Patrick . 38 42. God of Mercy and Compassion 39 43. Now Thank We All Our God 40 44. Hail, Sacred Feast 41 45. The Church's One Foundation 42 4G. Jesus is the Name We Treasure 43 HYMNS FOR ADVENT. l^ark, an HiDful Voice i$ $oundina« r.E.K.W. / Hark ! an awful voice is sounding, V " Christ is nigh," it seems to say ; V Cast away tlie dreams of darkness 0 j'e children of the daj'. (cres. Startled at t'.ie solemn warning, V Let the earth-bound soul arise ; V Christ her Sun,V all sloth dispelling, V Shines upon the morning skies. Lo, the Lamb so long expected [heaven; Comes with pardon down from p Let us haste with tears of sorrow, V One and all to be forgiven. / So when next He comes with glory,V Wrapping all the earth in fear,y Ma J' He then,/ as our defender. On the clouds of heaven appear. tm t)ap of Wratl), That day of wrath, V that dreadful day, Vc?'. When louder yet,Vand yet more dread, V Wlien heaven and earth shall pass away,V / The trumpet sounds that wakes the dead. What ])ower shall be the sinner's stayVV How sjiall he meet that awful day 1 pO on that day,V that wrathful day.V cr. When man to judgment wakes from olay,V m/ When shriv'lling like a parchM scroll, V tr. Be Thou, O Christ, the sinner's stay,V The flaming heav'ns together roll ; V / Though heaven and earth shall pass away. Dap oT WratI), Plain Chant. / Day of wrath, that day dismaying, V Earth shall melt in ashes laying,/ Seer and Sibyl thus foresaying. Oh ! the dread of that awaking.V / When the dead, their tombs forsaking, V Meet the Judge, strict inquest making. When the wondrous trumpet swelling V Rings thro' death's sepulchral dwelling, V All before the throne compelling. Lo, the Judge in session seated — 7 Now sliall sliine forth deeds secreted. V Justice stern lo each be meted. 2^ What shall be a sinner's pleading ?\/ Wlio will shield nic inlerceding,V E'en the just man mercy needing ? / King of majesty appalling ! V Thy free grace Thy wratii foreilalling,V Save a wretch for pity calling. ti:p In the last dread separation, V On Thy right assign my station, V With the children of Salvation. When Thine awful malediction Hurls the lost to hell's aflIiction,y Be my call to benedictioa. £oue DiuiiK, all looes excelling* F.E.K.W. -IV- ^=3g II I u- 1 r I u r ^ p=?^ :p #^ ^1^* Zr2l 1^ "LTi 5t ?= ^ =F i :c^: f =5t J, _^ ^ ' , F~^" ~»- :?2: ^F^F^^ :^=?: P: i^ 5^- I e IfJ: Siii^ i^: S^= : ^ >-J-.L^ J^ I I T" J -9x—-9- ^~ IE I Love divine, all loves excelling. V Joy of heaven, to eartli come dow Fix in us Thy humble dwelling, V All Tliy faithful mercies crown. V p Jesu, Thou art all compa^^sion, / Pure unbounded love Thou art,V <res. Visit us witii Tiiy salvation,/ l''nter every waiting heart. Come, Almighty, to deliver,V Let us all Thy grace receive ; V Suddenly return, aud never, V Never more Thy temples leavc.V 11, V c?es. Thee we would be always blessing, V h'erve Thee as Thy hosts above, V Pray and praise Thee without ceasing,V Glory in Thy perfect love. Finish then, Thy new creation, V Pure and spotless let us be ; V Let us see Thy great salvation, V Perfectly restored in Thee.V ocs. Changed from glory into glory,V Till in heaven we take our pIaoe,V Till we cast our crowns bef(jre Thee,\/ / Lost in wonder, love, and praise. HYMNS FOR CHRISTMAS. Once in Ropal Dauid's dip* Gauntlett. r I ' I ^3^ a ■^s>- ^= s .S5^ icS "P* -^- ^:^^W ^3^ :^ ^= ^ rr f^ W^ ^t:^ ^n — p -ei- ■^Jl 12^ -^? :^: "2::?" <^ ■^ SS :?2= -i^-r- :?2: ^ -^- -is^ g-^— ^- ^S'- :^:t2^ =i 3i 3 3^ ^ :^ -.^- =Ff :P2= i^ P^^ z:^ rr -z^' J- :i^ ^ _^_ ./^ ■^- ^=& 221 n rse :trj2=^ # -G> ■p Once in royal David's city V Stood a lowly cattle slied,V Where a mother laid her baby V In a manger for His bed ; V Mary was that mother mild. V p Jesus Christ, V her little child, p He came down to earth from heaven,V Who is God and Lord of all ; V And His shelter was a stable,V And His cradle was a stall. V [lowly, With the poor,V and mean, and Lived on earth V our Saviour holy. For He is our childhood's pattern,V Day by day like us He grew ; V He was little, V weak and helpless, V Tears and smiles V like us He knew.V And He feeleth for our sadnes3,V And He shareth in our gladness. mf And our eyes at last shall see Him,V Through His own redeeming love ; V For that Child so dear and gentle V Is our Lord in heaven above : V / And He leads His children on 7 To the home where He is gone. mp And thro' all His wondrous childhood V ^p Not in that poor lowly stable,V With the oxen standing bj%V He would honour and obey,V Love and watch the lowly Maiden,V In whose gentle arms He lay.V Christian chilren all must be Mild, obedient,V good as He. We shall see Him ; V but in Heaven, Set at God's right hand on high.V / When like stars His children crowned, V All in white shall wait around. 6 Jingels, frotn tDe Realms of Glorp 1 w~r i ^^^ s S=p: :^ Jj! Iljlj 1,1 I i I "^r ^^^ IE ^ t ^ ES tJ -^ -^E>- ^^j-j^.^flj^-_ij^-Jj_4_^^j_J2 :^=r ^§: s =p^ .'S'- tk/ Angels, from the realms of glory, V Wing your flight o'er all the earth ; V Ye who sang creation's story V Now proclaim Messiah's birth.V Come and Avorship,Veome and worship, V AVorship Christ, V the new-born King. p Saints before the altar bending, V Watching long in hope and fear;V oes. Suddenly the Lord descending,\/ In His temple shall appear.V Come and worship, V come and worship, V / Worship C'hrist,V the new-born King. / Saints and angels join in pi-aising Tiiee ; V the Fatlier, Spirit, Son ; V Evermore their voices raising V To the eternal Three in One.V Come and worship, Vcome and worship, V j) Worship Christ,Vthe new-born King. See, amid iDe Winter Snoio* :d=--d=j--:] Mendelssohx. ^ III I.I :?2: ?^ ^jytT-P-^— fe I -!^ -<=2. s :& II' I rJ pEpE^^^ie g) :^: -<s- t d: 3 I^ =^=^= :2:± :^=s:z: 'f^ f^ (=> T -iS"- ?^^ 'ctrr '2:?- ?=^ I I ^E -g^ -:^- :&::^ :^ -iS"- :r?2=^ :^ .-^ 2:^: :^2: ^ ^i^ H H t?— .S- — ^S" — s^ S -<s- @ :g -s- — ^ — ^- -iS'- j^zL J=L j:^^ -?= -<^- I 1 I I i I ! ^ .^_ ^ -^. -I — I — I — <-<^ '-:^-- A. <± ..^ --4- :^ :P2^ -i <S- ^ , «=^ zzJ: Z^ -J-^-4 -^- -irJ ^ -rp- ^ ~-l- i S: -,s — IS- :?2: r ?2= ■S- :^ n.. ^ (^ =F -<s — t "c?~ _.C2_ cT H h- -^^ 'T-^ 1 w= 4 ^ I^ -t-2 I I ^^ft=i: -1 1 — / See, amirl the winter's snow.V Born fur us on earth below, V See the tender Lamb appears, 7 Promised from eternal years. V / Hail I tliou ever blessed niorn,V Hail ! redemption's happy dawn,V Sing through all Jerusalem, V Christ is born in Bethlehem ! \/ ^ Sing through all Jerusalem, V Christ is born in Bethlehem ! p Lo I within a manger lie? He Who built the starry skies, V VI f He Who, thioned in height sublime, V / Sits amid the cherubim. V / Hail, etc. ™/ " ^^y> yo holy sheplierds, V say What's your joyful news to-day ? V Wherefore have you left your sheep V On the lonely mountain steep ;" V / Hail, etc. / " As we M-atehed at dead of night, / cres.'Lo, we saw a wondrous light ; y p Angels singing V 'Peace on earlii ' Told us of a Saviour's birth."/ / Hail, etc. p Sacred Infant, all divine, V What a tender love was Thine ! V Thus to come from liighest bliss Down to such a woild as this.'/ / Hail, etc. p Virgin mother, Mary b!est ! V crcs. By the joys that filled thy breast,y Pray for us that we may prove Worthy of the Saviours love ! V / Hail, etc. 8 l^ark, tbe Rerald flnaels Sing, Hark ! the herald angels sing,V Glory to the new-born King,V Peace on earth, and mercy mikl,>/ p God and sinners reconciled. / / Joyful, all j'e nations, rise,V Join the triumph of the skies ; V With the angelic host proclaim, V " Christ is born in Bethlehem."/ ff Hark ! the herald angels sing,V Glory to the new-born King ! Christ, by highest heaven adored,V Christ, the Everlasting Loi'd,/ Late in time behold Him conie,\J Otfsj ring of a Virgin's wunib.V Veiled in flesli the Godheai see 1 V Hail the Incarnate Deity I V Pleased as Man with men to dwell, / / Jesus, our Emmanuel. V ff Hark ! the herald angels sing,V Glory to the new-born King, cr. Hail, the heaven-born Prince of Peace,V Hail, the Sun of Righteousness, V Light and life to all He brings. V Risen with healing in His wings. V p Mild, He lays His glory by ; V cr. Born that man no more may die ; V Born, to raise the sons of earth ; V Born, to give them second birth. V ff Hark ! the herald angels sing,V Glory to the new-born King ! 7 9 Rou) Sweet tbe Rame of Jesus Sounds- A. R. Reinagle. ± ^V-^M- r ■jT^ -,iS> — (S' ^E^3 rr -^- ?2: T=^ ^F^ v-^ -tSi- ^g^^^;#^ I 1 I I 1 I =F= ?^ "?^ _i^__^ ± =p= ^=? _£2- I I P^ i3^^ :^ r s>- -(S- r-^-T -S)- ^-- T^' ^ -^- ^ ^ isi -s:^- s ^ -^- -jS>-f(S'- P -iS^ :z: :?2: =^=?2: How sweet the name of Jesus sounds V In a believer's ear ! V It soothes his sorrows, Vheals his wounds, And drives away his fear. Dear name ! V the rook on which I build, My shield and hiding-place,V My never-failing treasury, V filled With boundless stores of grace ! cr.Jesus, my Saviour, Shepherd, Friend, V My Prophet, Priest, and King ; V My Lord, my Life, my Way, my End,V Accept the praise I bring. p Weak is the effort of my heart, V And cold my warmest thought ; V V But when I see Thee as Thou art,V cres. I'll praise Thee as I ought. di. Till then I Avould Thy love proclaimV With every fleeting breath ; V 2Jp And may the nnisic of Thy name Refresh my soul in death ! 10 3e$u, tbe uerp tboudM of tbee. =^i Alec Brown. s i rrTT=f u t=& A ii i^ s I — I— • XT -eh- I d I I I I 1^=-* jt ^ Jesu, the very thought of 'rhee.V cr. With sweetness fills my breast ;V But sweeter far Thy face to see,V p And in Thy presence rest. No voice can sing, V no heart can frame, V Xor can the memory find / A sweeter sound V than Jesu's Name,V The Saviour of mankind. / 0 lio,,e of every contrite heart, V 0 Joy of all the meek,V cr. To those who ask liow kind Thou art,V How good to those who seek I But what to those who find? V Ah ! this Nor tongue nor pen can show ; V The love of Jesus V what it is None but His loved ones know. Jesu, our only Joy be Thou,V As Tliou our Prize wilt be ; \/ In Thee be all our glory now.V And through eternity. 11 3e$u$, tl)P Blood and Rigbteousness* F.E.K.W. m --S: 5 j:^ 1=^' l=i^^^ J- r -^-T- d: m ^ 3EE '-w^^^ :p= -^=^ ^ liii^ s^ 33; ,^^^^^yg Jesus, Thy blood and rigliteousnessV My beauty are, my glorious dress ; V 'Midst flaming worlds in these arrayed/ With \oy shall I lift up my head. p When from the dust of earth I rise.V To claim riy mansion in the skies, V E'en then shall I make this my plea,V "Jesus hath lived and died for me." Bold shall I stand in that great day,V For who aught to my charge can lay?V Through Thy dear merits free 1 am V From sin and fear,V from guilt and shame. This spotless robe the same ap] ears,V When ruined nature sinks in ytars iV No age can change its glorious hue — V The robe cf Christ is ever new. 0 lot the dead now hear Thy voice ! V Bid, lord, Thy banished ones rejoice !V Their beauty this, V their glorious dress, \ / Jesus, V the Lord, V our Righteousness. 9 12 0 Jesus, I l)aue Promisea, J. W. Elliot. l^gilig^^ h^=5 T ^- ^^3^ 1^=1^ :^= izii^-^r^^izrpz: ^^g=^s^=e j2-i -(S^- -^= rsi ^ '-^~r^-^ S S: t; 122: ■:?^=^=^ ^^S^ 3± g— f^ &^ =^ :c± -^fS- -^->: ^ =P =^=, _£=2- T^^P— P: "S?" _(^2_ :?2: -s?-=- «>■ 3 ^ I'ojct's in Uyiison. 1^»- \zJ- -IS>- =^=^=^ :^:^:^ Zn Harmony. ^ :S=t :?2=?2= ^5 g-n"cm ♦ -<^- :y-s^-^ =^^ 3i: J- I -f^ S ni. tit I I Man. Ped. -<— h- :^=^Lr^p2=?2: rcr-^- 0 Jesus, I have promised V To serve Thee to the end ; V Be Thou for ever near me,'/ My Master and my Friend ; V 1 shall not fear the Lattle V If Thou art b^' my side,V Nor wander from the pathway V If Thou wilt be mv Guide. 0 let me feel Thee near me : V The world is ever near,V 1 see the sights that dazzle,V The tempting sounds I hear; p My foes are ever near me,y Around me and within ; V cres. But Jesu,v' draw Thou nearer V And shield my soul from sin. mf 0 Jesus, Thou hast promised To all who follow Thee.V That where Thou art in glory V Tliere shall Thj- servant be ; V And Jesus, V I have promised To serve Thee to the end ; V O give me grace to follow V My Master and my Friend. 10 HYMNS FOR LENT. 13 Wl)en I Suruep toe Wondrous Cross, I w ^S^: -^— jS"- H7-=^- 3z:=2 -(^- :^±^ iztii: ±2:^zl ^ -^- ^_ ■?2= :^: Ed. Millek, Mus. Doc. / I :i^E "g=\|l=i -a=» — . le^: E^ _£ri_ :^=r ■_^-: -J-j:i. -(S-- :^= 22: -?= :?2: ^ S I^ES HZ: :^ 12:^: r^iil :?= ^^ r=?2: — s-- I I I -jS-- ZC2Z ^i,^=r^ :^ * -^— ^^, ■^ H S &2- z=± 22: :g: y g=F=P=g -(;2_ I 12^ :r s- -<^- ^^ -^J =5= .^- =(^2: -^-jH- '^- ■Z±. -£5- I p When I survey the wondrous cross V On which the Prince of Glory died.V Mj' richest gain I count but loss.V And pour contempt on all my pride. mp Forbid it, Lord.V that I should boast, V Save in the Cross of Christ my God ; All the vain things that charm me most, V I sacrifice them to His blood. m/See from His head,VHi8 hands,VHis feet, p Horrow and love flow mingled down : V Did e'er such love and sorrow meet,V Or thorns compose so rich a crown ? Ttij Were the whole realm of nature mine,V That were an ofl'ering far too small ; V Love so amazing, V so divine,V Demands my heart,Vniy life,V my all I 11 14 ^ES= 0 Sacred l>caa. Surrounded. d: J. S. Bach. C3: 2^: i S^ :si: -^jp- f^' fi^ <S'- ^ -1^- :P=^ 122.": -(SI- u ^ v~?r^" bS: SE^ 122: =?2=H tt :pt:^ 122; m ^ ^ 1^=^ 1^=^: P> ^22- :^: r ^ I I - ■p^— ^- I I ^ 1 ^-g^-^: = :=^E i (S'- :^ -r-^.^ -^-J. ^in=c^i:i:=^: -iS'- Ell 2znzc2: 3I& U- ^H« ^=[ P 1^ 122: 1221 :^= ^ -(Si- -^: 1/ P ^: ■_cJ.^_jU- P^ i: 1^ ^^: _i:i. :?2= rj. :^ 22: I 1 I J- J- =^21 :^ :p2=e P=^ J=;d: 3± d: :p= ^ S^ :?=2: IfeH ■^' L-^s: 22: :p=^ LJ_ iii I I :^ ^ -.s-- -^■ :=2^= ^ .c=L T^' .<=L -^- -^- CD 1221 -iS- ■^■s^J- :P2: 7«p 0 Sacred Head, surrounded V By crown of piercing thorn ! V 0 bleeding Head, so wounded, V Reviled, and put to scorn ! V Death's pallid hue comes o'er Thee, V The glow of lite decays. Yet angel-hosts adore Thee,V And tremble as they gaze. p I see Thy strength and vigour V All fading in the strife, V And death with cruel rigour V Bereaving Thee Oi life ; V cr. 0 agonj' and dying ! V 0 love to sinners free ! V Jesu, all grace supplj'ing,V 0 turn Thy Face on me. ' p In this Thy bitter Passion, V Good Shepherd, think of meV With Thy most sweet compassion,V Unworthy though I be : V c?es. Beneath Thy Cross abiding V For ever would I rest,V In Thy dear love confiding, V And with Thy presence blest. 12 6iorp be to 3e$u$» ILITZ. / p Glory be to Jesus, V Who, in bitter pains, V Poured for me the life-blood From His sacred veins. Which from endless torments Did the world redeem. Abel's blood for vengeance Pleaded to the skies ; V c?".But the blood of Jesus For our pardon cries. wf Grace and life eternal In that blood I find ; V Blest be His compassion V r\c^ -j. • • ii j Infinitely kind P '^f^''" '^ '" sprinkled •^ Un our guilty hearts, V Blest through endless ages 77i/ Satan in confusion Be the precious stream, V Terror-struck departs. Oft as earth exulting \Vafts its praise on higli,\) o'.Angel-hosts rejoicing Make a glad reply. / Lift ye then your voices ; V cr. Swell the mighty flood ; V Louder still and louder ff Praise the precious blood. 16 Cake up Cl)P Cross, tbe Sauiour said. Leipzig (162.5). ^ j'j A ^ --^ hd=^ ^m r AJ_A^ .c^. ?= zz: S pE^Ep :^_£i_ :^2: i i w^ •9^ ^^^m i to/ Take up tliy cross, the Saviour said,V If thou wouldst My disciple be ; V Deny thyself, the world forsake, V And humbly follow after Me. mf Take up thy cross, and follow Christ, V Nor think till death to lay it down ;Y For only he who bears the cross V cr. May hope to wear the glorious crown. Take up thy cross, V nor heed the shame ;V / To Thee, Great Lord,VtIie One in Three,V Nor let thy foolish heart rebel : V All praise for evermore ascend ; p Thy Lord for thee the cross endured, V di. 0 grant us in our home to see V cr. To save thy soul from death and liell. f The heavenly life that knows no end. 1.3 17 M Glorp, £aud, and Ronour. A Teschner. -J— ^- ^ -s- rrr :?2= r gj rj --r=w:, s>- A J J J. r "^r:^ > i^e^^ =± -s?- ^ e^^g B "TP- ?=2=:i^ C^ ' d 2:± f FzTie. -sl-gL^ ^ 122: -iS>- -rzi—7z^ ?2: r r i:^ ^ -^t^ 22: ^ -is- :& -iS^ :^ :z2: :?=: :^ 221 ;;j=p^=:g^=j= -rzT--^ ^^ ^ -rS' iS ?2^ 1=3f==f fj -iS^ -s-- ^ a (»^ ^^ :^ Z).S. SE0ES: :3 2i ;^^ U J- J- PCrr r r -^B- :z± ^ S ^5:^ '^^ ^ r-r All glory, laud, and honour, V To Thee, Redeemer, King ! V To whom the lips of children V Made sweet hosannas ring. Thou art the King of Jsrael,V Thou David's Royal Son,V "Who in the Lord's name comest,V The King and Blessed One. / All glory, etc. The company of angels V Are praising Thee on high ; V And mortal men.V and all things Created,V make reply. / All glory, etc. The people of the Hebrews With psalms before Thee went ; V Our praise and praj-er and anthems Before Thee we present. / All glory, eto. To Thee,V before Thy Passion,V They sang their hymns of praise ; V cr. To Thee,V now high exalted,V Our melody we raise. / All glory, etc. Thou didst accept their praises ; V Accept the praise we bring, V Who in all good delightest,V Thou good and gracious King. / All glory, etc. 14 18 RiUe on. Ride on In majestp German. ^ H^- Ptip^^^^p^^EgEp I 1=2: d^M=F^-=i i^: rz5t -s-- ^!^^F ?2 -.^ -(S^ .ci. ^£S «=SE g S>- -G>- -<S>- 1^ i I p^^= fe"- e 125: P / Hide on I V ri^le on in majesty ! V Hark ! all the tribes Hosanna cry ; Y O Saviour meek, pursue Thy road V With palms and scattered garments strowed. Ride on ! V ride on in majesty I V p In lowly pomp ride on to die ; V cr. 0 Christ, Thy triumphs now begin V O'er captive death and conquered sin. Ride on, ride on in majesty ! V The winged squadrons of the sky V Look down with sad and wondering eyesV p To see the approaciiing Sacrifice. Ride on I V I'ide un in majesty I V Thy last and fiercest ftrife is nigh ; V The Father on His sapphire throne Y Awaits His own Anointed Son. Ride on I V ride on in majesty ! V p in lowly pomp ride on to die ; V Bow Tliy meek head to mortal pain, cr. Then take, O (iod, Thy power,Vand reign. 19 HYMNS FOR EASTER. jaileluia. Song of Sweeiness. F.E.K.W =i= i^. 5^a^ :?- f: ^-- -t ^ 1 I J ' I A^ ^ £ ^- :g: ±z Alleluia 1 song of sweetness, V P Alleluia ! V faint and feeble Song that angels love to sing ; V Conies oar answer from below,V Alleluia I never cca<ing/ [ring.\/ For the strains of " Miserere" y' Through the hea\ only courts doth Earthly voices better know : — V Alleluia ! V Alleluia ! V crcs. Miserere ! '/ Alleluia ! V Praise to heaven's Almighty King I Mingled song of joj' and woe. Alleluia I ye re(^eenied,V 'Tis your blissful song on high ; V Alleluia sing ye ever / In your home beyond the sky ; \J To the angels alleluia,./ 'Tis your joyous answering cry. mf Holy Jesu, v' sweetly call us.\l When our earthly strife is o'er,V To the home .where all Thj' blest ones hongs of praise t(j 'J'hee outpour : V / There the endless Alleluia Be our song J for evermore ! 16 20 Cbrlst tbe £ord Is Risen ro-aap. J. J. Murphy. ^iig^ife^g '^k^^^'- j_jiu- t2: i?i: B: iiE^: g^ '^ i r -s'- :?2: i tE^f ■^^ J- J- :^4 tr=-t :t= / Cluist the Lord is risen today ; V Christian.-;, haste your vows to pay ; V Offer ye your praises meet / At tlie I'a-ehal Victim's feet. p For the sheep tlie Lamb hath l)led,V cr. Sinless in the sinner's stead ; V / " Christ is risen," V to-day we cry ; V Now He lives no more to die. Christ, the Victim undetiled,\/ Man to God hath reconciled ; V p ^Vllilst in strange and awful strife V Met together Death and Life. €;■. Cliristians, on this happy day V Haste with juy your vows to pay ; V / ' ' Christ is risen, " V to-day we cry ; V Now He lives no more to die. p Christ, \\' ho once for sinners bled,V cr. Now the first-born from the dead,V / Throned in endless might and power,'/ Lives and reigns for evermore. Hail, Eternal Hope on high ! V Hail, Tliou King of victory ! V Hail, Thou Prince of life adored ! Help and save us, / gracious Lord. 17 21 nileluia! Illlelula! jllleluid! Palestrtxa Before 1st rase only. / / I / tj II III — ^- -<s>- --^■ m:± Al - le - lu A fe^=^?= ±^ "TTi^ 22: ia ! Al - le - lu 7^ r^=^ ia ! Al - le ■ lu . _J-J-d- "g^ 22: :Z2L Z22: = 1 _j._( la! Z2: a I 1^ r I D.S. «y =S^ _is_ 3^3 ^- --^^ -&-i~ -' m ' jS-X Alleluia ! V Alleluia ! V Alleluia ! V The strife is o'er, V the battle done,V Tlie triumph of the Lord is won : V O let the songs of praise be sung ! V Alleluia ! p The powers of death have done their worst,V And Jesus hath His foes dispersed ; V Let shouts of praise and joj" outburst,/ Alleluia ! crea. On that third morn He rose a<;ain,y In glorious majesty to reijn ; V O let us swell the joyful strain, V Alleluia ! / He brake the bonds of death and hell, / The bars from heaven's high portals fell ; V Let songs of joy His triumphs tell.V Alleluia ! p Lord, by the stripes which wounded Thee,V From death's dread sting Thy servants free, 7 That we may live,V and sing to Thee V Alleluia ! 18 22 3c$u$ Cbrist 1$ Risen todap. R. Redhead. (?) ¥ :^=s: i is^: g^ 1^:=^: '^ 1^ p p , ' ' ' ' I ^ I I I -^- ^=^ ^=^=i:Sf "^:7 i^f^^t^ 1 -^- -p— — gi -\| s I -:£>- «-r— cJ — ^ — ^ -^ -fe=— ! Si; -<^- ^-J. J=g=^ -4^ _22: ^^R^ :?^ r^^^EDI :\|^?^R -^- -^2- -s"- :^ Sj^i^ -I — I©- t:22: 1 Je'^us Cliri^it is risen to-day, V Alleluia ! Our triumph lilt holy day, / A'le'uia ! ■Who did once upon the Cross, V Alieluia ! p Suller to reikeiii our !oss,V Alkluia! Hymns of ]jraise tlien let us sing.V Alleluia ! Unto Christ our heavenly King,/ Alleluia ! p Who endured the Cio>s and grave,V Alleluia ! Cres. Sinners to redeem and ^ave,V AUe.uia ! But the pains which He endured// Alleluia! Our salvati )n have procured ; / Alleluia ! f Now above the sky He's King.V Alleluia ! cres. Where the angels ever sing / Alleluia ! 19 i w 23 CDe l>eaa tbat once was Croionea iDiri) ^Dorns* J. Clarke (1870). £s; -^- -(©- :?2: zq=q: :^zi^ttz^~z (S>—'-tS — <s — <^ -is — 1& — i^ ^liiie=^ c2: =?2: :22itlit ?=^ :s2: r.^0Ei :^: -P2- :^= -P==^^ s^ -^- .J J. J- I J. J I J S=I ?^^ p E^^ =?2=^ 221 Tlie liead that once was erovvn'd with thornsV Is erown'd with glorj' now,V A royal diadem adorns The mighty Victor's brow. / The highest place tliat heaven aftbrdsV Is His,Vis His by right ;V 'i'he King of kings, V the Lord of lords, And heaven's eternal light. inf The joy of all w ho dwell above,V The joy of all below, V , To whom He manifests His love.V And grants His name to know. p The cross He bore is life and health, V Though shame and death to Him ;V crcs. His people's hope,VHis people's wealthV Their everlasting theme. 20 24 PascDal £anib, bp 6oa Jlppointed^ Alec Brown, (Bar. F.E.K.-W.) -\| — r : r J I I I I «5i: m iTp: r^ 'W^^- T- ■is^^tr i^^m. P-0 0 ^ — ^ — ■ F— \|— i Jj :£: :t ±1: -P-- 2) I'aschal Lamb \ by (iod a()pointed,V All Dur sins 011 'J'liee were laid : V 15y Aliiiif;lity love anointed, / Tliuii hast full atonement made.'/ Cr. All Tliy i)eo\|)lc are forgiven V TliKJUjih tlie virtue of Thy blood ; V Opened is the gate of heaven ; V p Peace is made 'twixtnian and Cod. j Jesus, hail, enthroned in glory, V There for ever to abide ; V All the heavenly hosts adore 'J'heCjV fcjeated at Thy Father s side.V 1> There for sinners 'I'liou art p!eading,V '{'here Thou dost our place prepare,V cr. JMer for us iiiterceeding,V 'J'ill in glory ^^■e appear. / Worship, honour, jower, and blessing V Tluni art worthj' to receive ; V Loudest praises, without ce.ising,V Meet it is for us to give.V cr. Help ye bright angelic spirits ; V Bring your sweetest, noblest lays ; V i] Help to sing our Saviour's merits. V Help to chant Hnniianuel's praise. 21 HYMNS FOR WHITSUNTIDE. 25 Come, 0 Creator Spirit Blest. Webbe. :3: z^z A H- =fcg A—.^ -J^-1^. -Ls" — tS — (S n=^ J: -1 — h :.S=!i^r:gtl f-rr^'^:^^'?'" ^^^fT TJi/Conie, 0 Creator, Spirit blest,/ And in our souls take up Thy rest ;', C'oir.e with Thy grace and liea\enlj' aid 'Jo lill the hearts which Thou hast made. Great Paraclete ! v'to Thee we cry,V 0 highest gift of God most high ! crO Tount of Life 1 ,0 Fire of Love I / And sweet anointins; from above ! Kindle our senses from above, / And make oi'.r hearts o'ertlow with kivo ; i?i/With patience firm and virtue high,,' 'I'he weakness of our Hesh sup ply. Far from us drive the foe we dread, / And grant us 'I'iiy true peace instead ; So shall we not, with Thee for guide,'/ Turn from the ]>atli of life aside. / All glory, while the ages run,/ Be to the Father, and the SonV Who rose from death ; the sail e to Tliee^ 0 Holy Ghost, ctornally. 26 Creafor Spirit, bp Wbose ma. F.E.K.W. ^ I 1 I i I I I I r I II L2: _i;^_ :g^ P ?S« ^ J =f" ! I- i Creator, .Sjiirit, by whose aid / Tlie woi'd's foundatiuns lirst were la!d,/\ Come, visit every humble mind,y Come, pour TJiy joys on huiii;iiikiiid,V From sin and .-orrow set us tree,, -jnd make Thy temples worthy Thee. 0 Source (jf uncreated liyht,/ The Fathers promised Paraclete !V Thrice lioly Fount '. /thrice holy Fire iV Our hearts with heavenly love inspire :V p O come ! Thy sacred unction bring, V To sanctify us wiiile we sinif. CJ-Plenteous of grate, /descend from liigh, / Ricli in Thy sevenfold enerijy ; \/ Make us eternal trutiis receive, V And practise all that we believe ; V Give us Thyself, Vtliat we ma}' see Tlie Father and the Son by 'ihee. 23 HYMNS IN HONOUR OF THE B.V.M. 27 0 Purest of Creatures- Traditional. ^^^^"^imm tg mp 0 purest of crealures, sweet Mother, sweet Maid,V Tiie one spr)tless Avoiiib wherein Jesus was laid ; V Dai k uijilit hath come down on us, Mother, V and we Look out for thy shininj:,V sweet Star of tlie Sea. p Deep nic;lit hath eonie down on this rou<,'h- spoken world, V And the banners of darkness are boldly unfurled ; V C)-. And the tempest-tossed Church all her eyes are on Thee,V / They look to thy shining, V sweet Star of the Sea. The Church doth what (iod first taught her to do.V 7H/He looked o'er the world to find hearts that were true,V 'Ihrough ages He looked, and He found none but Thee,V And He loved thy clear sljiijing.V sweet Star of tlie Sea. f He gazed on thy soul,V it was spotless an<l fair,V For the empire of sin it had never been there,V For none had e'er owned thee dear Mother but He,V And He blesse 1 thy clear shining, V sweet Star of the Sea. Earth gave Him one lodging, V 'twas deep in tliy breast,V And (iod found a home where the sinner finds rest ; V His home and His hiding-place V both were in thee,V / He was won by Thy shining, V sweet Stay of the Sea ! p 0 blissful and calm was the wonderful rest,V That thou gavest thy (Jod in th\- virginal breast ; V For the heaven He left He found lieaven in thei.V And He shone in thy shining,V sweet Star ui tlie Se<i 24 28 Cook doiun, 0 IRoiDcr marp. ^^ tj -z^ :^= :^: ^: ^E--d: 22- 1^ » i -p^- :^=^ :^— 2:^ :z2i — ^s- :e: H H i t T S^ =^=^=1 I ' 1 ,^fe -S- -^-gS- :^ :e^ -^- -^- -s^ — (S- -iS"- -isl- 122: "r -tr h S H ^- -■ g^- -S?- ■^~ :?2= :=^: :22: :^ii _^_^_ -(S- 3-lS- _SSD_ :z2: :?2: X_\| 1 H —J— I ; — -e>- :^=ff2Z=^=::^: .-i^=^=^ ^ Look down, O Mother ]\Iary,V From Tliy hrijrht tlirone ixbove,V Cast down upon thy cliildren I One (jnlj' j,'Iance of love ; / And it a heart so lender ,/ With pity flows not o'er// Then turn awaj', O mother,/ And look on us no more. p 0 Mary, dearest niotIier,\/ If Ih.ou wouldsl have us live,\/ Say that we are thy children, V And Jesus wi'l i'or;4i\e. cres.Our sins make iis lunvorthy 7 That title still to bear y But thou art still o.ir Mother, V Then show a mother's care. 25 ■See how ingrate and guilty V We stand before thy .Son ;V 77?p His loving lieart reproaches V The evil we have done.V But if thou wilt appease Him,V fSpeak for us but one word ; / Thou only canst obtain us V The pardon of our Lord. mj Unfold to us thy mantle,\/ There .stay ^^•e without fear : What evil can befall us , If, mother, thou art near V 0 sweetest, dearest 2^Iother,V Thy sinful ehiklren save : V Look down on us with ])ity,V Who th^' protection crave. 29 E>ail, Queen or l>eauen. Trailitioiial. ■9 »- F:^ .^_ ^<=^- W '-P-~- '?^ f Hail I Queen of heaven, V the ocerm star,V Sojourners in this vale of tears, V Ciuide of the wanderer here below, V To thee, blest advocate, we cry ; V Thrown on life's surj^e, we claim thy care,0'. Pitj' our sorrows. V calm our fears, V Save us from peril and from woe.V And footlie with hope our misery. V Mother of Christ,V Star of the Sea,V Kefu,i:e in .L'rief,V Star of the Sea,V Pray for the sinner, V pray for me. Pray for the mourner, \ pray for me. O gentle, chaste, and sjjotless maid,V / And while to Him who reigns above, V We sinners make our pi avers through In (iodhead One, \ in Persons, Three, V Thee ; V The source of life,V of grace, of love,y Remind thy Son that He has paid Homage we pay on bended knee ; y The price of our iniquity. V cres. Do thou, bright Queen,V Star of the Virgin most pure,V Star of the Sea,V Sea. Pray for the sinner, V pray for me. Pray for thy children, V pray for me. 26 oJO i 0 3opful Beart of inarp. ^ 1 \ h Teschxer. :^ :^ 22: 221 t^ 3Z -<s>- :?2: "r-rr <©>- 1^^ I ,^ -^~P7-^ "gy ^ =F= 3z: ^ ^ ^EE^ :^ ^ ^-^_c. "g?" g>> •-_ P=&— pj— P5-L_^_ T -iS^ P^ -<s^ -<s- ^ f^= 2^ -(S- 2:^ ■-^-iS- ;i^^ -s-- l^H :g= I I :^ 122: -<&- i^z: pip & tr4-^-^=;;J: ^ f ^3 J. -.&■ rS lS>- ^P=^ d: -J^ -&»- ?5=e - ,,^^-j^._A, g S± I :/t»:^ :?2= :?2: ^ ■^ -is^ / 0 joyful heart of Mary.V What trembling bliss was tliine,"/ Thy Son and God to worship V Within His humble shrine.V To watch His infant footsteps, V To guard His infant rest.V Within thine arms to shield Him.V And clasp Him to thj' breast. / 0 glorious heart of Mary ! V 0 wonderful above ! V Where God Himself surpasseth V In loyalty and love : V i^'or every pang a glory, V For every prayer a wreath, — V His crowning grace above thee.V His brightest saints beneath. p 0 mournful heart of Mary !V m/ But sweet and joyful Mother, V To meet that cruel day,V Now far from tears and woe,V When rent, and racked, and tortured,Vc»'es.And throned in endless glory, Upon the Cross He lay ;V Thou still hast cares below !V To feel His bitter anguish, V Then bid us share thy rapture, V To hear His dying <ry,V And bid us taste thy pain,\/ dim. To see His death-thirst mocked at,V To sing at last thy grandeur And then to see Him die. / In Christ's eternal reign. 27 HYMNS FOR VARIOUS OCCASIONS. 31 l>ark, tDe Sound or l)olp Voices* ^^ \—Tzy- A J. Langran. 1221 -s* — iH — zd — ^^ ^-^ I I. F^ I I i^^i 3^ -J- n $^gEpEg e ^ M gi dE^ 3^s -S §—5 5 22 r'r'rT" ^ S: :S: ^ r J -J. J J- -J J g=5i: iS" n S e^ vS^ ^p±f^ "S^ -J- d: =5t=^ -J- -J- 4 rJ . W- ^- -^ -J- -p-^44.f^-^ grT=P^ ^^t^^^:^ I i^d^^ ^ I I I I III -^- "p::?" J^^, r Trr ^^ J: r^F^ u ' ' '^ f Hark ! the sound of holy voices V chanting at the crj'stal sea,V Alleluia, alleluia, alleluia, Lord, to Thee !V Multitude -which none can number, Vlike the stars ia glory stands, V Clothed in white apparel, holding palms of victory in their hands. Patriarch and holy prophet, V who prepared the way for Christ, V King, apostle, saint, confessor,Vmartyr and evangelist ; V p Saintly maiden, godly matron, V widows who have watched in prayer,V Joined in holy concert, singing to the Lord of all, are there. p They have come from tribulation, Vand have washed their robes in blood, V cres. Washed them in the blood of Jesus, V tried they were and lirm they stood :V Mocked, imprisoned, Vstoned, tormented, V sawn asunder, slain with sword,V / They have conquered death and Satan V by the might of Christ the Lord. ff God of God, the One begotten,VLight of light, Emmanuel ! V In whose body, joined together,Vall the saints for ever dwell,V Pour upon us of Thy fullness, Vthat we may for evermore cres.God the Fatlier,VGod the Son, Vand God the Holy Ghost adore. 2S 32 Jerusalem rDe Golden. ^ gJ- i EWING. / 5 5= -<s- ZJ ^ r 3^ :-3s:^ ?2ii?2: i r -^- "^ _C2- ss$ :e: jS: as £ ^ 1 (=^ -^- it— s^ rF^Tf ^ J. Is- s- -^-ji. ■&- u ^'— r-^ S'- :c±: -f^--p- -<s'- -^-^ r -&^ id: 22: S 2!^ 21^ S^ 221 ^ ^ T^'~r^ ^f _sn^_ ^^^ -s- ^ :£ :#=& r^ ii zz -I I fj -s>- ^^^ (V CJ~ ^^r^rrwf "22r ^^S y=d: ~v / JeriiFalem the golden, V With milk and honey blest, V Beneatli thy contemplation / Sink iieart and voice ojiprestjV crts. I know not, oh, I know not / What joys await us there, / What radiancy of glory,/ What bliss be3'ond compare. They stand, those halls of Sion,y All jubilant with song, / And bright with many an an.,'el,7 And all the martyr throng.,/ The Prince is ever in theni,\/ The daylight is serene : V The pastures of the blessed Are decked in glorious sheen. :?=: -^ I a- r I £ r" / There is the throne of David, And there, from care released, V The shout of them that triumph. The song of them that feast, V And they who, with their Leader,V Have coni}uered in the tight, V For ever and for ever / Are clad in robes of white. •p 0 sweet and blessed country, V The home of (iod's elect ;V C7"es.O sweet and blessed country.V That eager hearts expect ! p Jesu, in mercy bring us To that dear land of rest ; V cres. Who art, with God the Father, V dim. And Spirit, ever blest. 29 Ro!p God, We Praise Cbp name* German. yi^ -^ ^c± Ji, I' Z2; ^ i .1: :=it l^^i^^ii^ -p-- :^: 1 1 ?is d-- ^&± i t -p- :^ St f^ 1^^ 1^ 221 ^4 .^ ji. J_ .J i _i J. P ^S^g^?^ f»— P- S m t «^ m m -^ T=^'- -3ZlZ .J: J- J ^— ^ S JK ^ «r ^ ^ 1. £^^^ ^ m ^^^ Hoi J' God, we praire Thy nanie.V Lord of all we bow before Thee,V All on earth Thy sceptre own,V All in heaven above adore Thee : V Infinite God, Thy vast domain, V Everlasting is Thy reign. / Hark ! the loud celestial hymnV Angel clioirs above are raising : V Clierubim and Seraphim, V In unceasing chorus praising,V Fill the heavens with sweet accord — Holy.V holy.V holy Lord ! p Holy Father, holy Son,V Holy Spirit, Three we name Thee,^ Wlule essence only One.V Undivided (Jod, we claim Thee ;V And adoring bend the knee,V While we own the mystery. VI f Spare Thy people, Lord,Vwe pray,V By a thousand snares surrounded ; V Keep us witliout sin to-day ; V Never let us be confounded. V Lo ! I put mj' trust in Thee.V ors. Never, Lord, abandon me. 30 34 Rolp God=Dea(l, One in CDree- FiLITZ. ■^ rJ ^- ^ =^=; I I ^ I=S :^ A r L?2: -«&- ? ?2=zpzl=^j=:^ -^- .^ .r^_ r^r?: -s" — s- Tr^- :?2= -s>~ S e: -s"- 221 -^- 2=21 r :p2: ffil ^ f is^ -Ss'- :z:2: T" :?:2: -i^- :ik^: A r =s=s= -<^? :^^^ -^- -G>- _«s_ _i2_ :£J: SS izz: 221 221 Holy God-head, One in Three, V Ruler of the earth and sea,\/ Hear us while we lift to Thee Holy chant and psalm. p Light of light, with morning shineV Pour on us Thy light divine ;V And let charity benign V Breathe on us her balm. God of Peace, V when falls the ev'n.V Let it close on sins forgiven, V Fold us in the peace of heaven, V Shed a holy calm. Holy God-head,V One in Three,V Dimly here we worship Thee ;V With tlie saints hereafter we cres. Hope to bear the palm. 31 £ead, Klndlp Cfgbt. p Lead, kindly Light/vaniid the encircling gloom, V Lead Thou nie on ; 7 The night is dark, , and I am far from home.V Lead Thou nie on.;' Keep Thou my feet ; V I do not ask to see dim. The distant scene ; Yone step enough for me. I was not ever thus,V nor prayed that Thou Shonldst lead me on ;V I loved to choose and see my path ;V but now Lead Thou me on.V I loved the garish day, / and, spite of fears.V dim. Pride ruled my will : /remember not past years. So long Thy power hath blest me,Vsure it still Will lead me on O'er moor and fen, .'o'er crag and torrent, 'till The night is gone, / cres. Anil with the morn /those angel-faces smile, V dim. Which I have loved long sinoQ,Vand lost awhile. 32 3G Faiih or Our farDers, Hemy. ^ess^s -•M-mz , — \- h'- =^ij=-ii\|EfeE?=fe^^ i i ' i I I ^ '^ ^^k > £=1=1^; iq: :li^^ 1 1!!=^: -?2?B -s- s^ — ^--- :^: ;:!=!: :^: ~^; :'=: f ::^ /~~r :z: > 1 :i=-— P 9 1^ -•- -»- -- / Faith of our fathers, living still, V v\j Faith of our fathers, V Marj^'s prayers V ' In sptte of dungeon, tire and sword ; V Shall keep our country fast to thee ; V Oh, how our liearts heat hij^h with joyV And through the truth that conies from Whene'er we hear that glorious word iV God,V Faith of our fathers I V lioly Faith ! V Oh, we shall prosper and be free.V We will be true to thee till death. ,\|? Faith of our fathers, etc. 7?ipOur fathers ciiained in prisons darkV w/ Faith of our fathers, V we will love Were still in heart and conscience free ; V [fate,V How sweet would be their children's If thej',Vlike them, could die for thee!V / Faith of our fathers, etc. .33 Butli friend and foe in all our strife ; V And preach thee, too,V as love knows how,V By kindly wnrds and virtuous life. V . f Faith of our fathers, etc. 37 Praise tbe Cord, pe Reauens, adore Rim* Haydn. / S 4^ -^- iz^: SiS -^ 2i: :?2: -^-•^^^F ^ J- J- -^- .^ I ^. ^i e^^=^^ -(S- :?2: 22: 2:2: ? ^^ :^l F i i ^^ ==g iElEi S i^ ►?=: ^ -<s^ 5i 32: t/ ^"^ 'J i . ^ s>- ^- -<s>' -^- r::i A ^P^rPTT^^Eg :^=: ?2=^: ?2: -h -g? Pis' ~?^~ ^ g H (- 22: ^ 32t is: 3i: 22=^ r -iS- -i^ -<S^- -(^ ':j -tS-- » ^ -iS>- ^^s -^— ^ ^H^ 2i: I -^- !S^ :?2= ^P^ :f=±=t ^^^ -A i^^zat:^. -4-,. ^3^ ^ i^;^ I I 1 I I 11 m^-^ .J. ^ns: - — I- £^^ I T^^=^- ?2= -^ — P2_i. ? / Praise the Lord, ye heavens, adore Him I / Praise Him, angels, in the lieiglit ;V Sun and moon rejoice before Him,/ t Praise Him all j-e stars of light. Praise the Lord I for He hath spoken,'/ Worlds His mighty voice obey ; V Laws which never shall be broken, V c^' For their guidance He hatli made. 34 Praise the Lord, for He is glorious !V Never shall His promise fail,V God hat-h made His saints victorious.V 8in and death shall not pievail. Praise the God of our salvation.V Hosts on high His power proclaim, V Heaven and earth and all creation.V Laud and magnify His name. 38 Cbe Saints of God, Cbeir ConTlicrs past. Stain ER ^ iS>-T<^, ^gg :! J_J J^ p.?^g=^ :?2: :L=rp2zi; ;& 'S'-H J L; L 1 1 U 1 1 'J=^d i Unison. m Harmony. ^^ '^CD~* r i^=zd -p^-^ -s* -s-- ■5^ -(2_ rTT -iS'— tS- -p^ =s= ^^ -^ 32: 2^ :^ r "2?" 22; =^1^ :z2:i: -^ rr -Gh ^ TZpT-j^?: :! 2> The saints of God ! their conflict past.V And life's long battle won at last,V No more they need the shield or sword,\/ They cast them down before their Lord :V O happy saints, Vfor ever blest,V At Jesus' fcetV'how safe your rest. The saints of (Jod their vigil kecpV While yet their mortal bodies sleep, V CT. Till from the dust they too shall riseV And soar triumphant to the skies ;V / 0 happy saints !'/ rejoice and sing ;V He quickly comes,Vyour Lord and King. m/0 God of saints, to Ihee we cry ;/\ O Saviour, plead for us on high ;V O Holy Ghost, our Guide and l"riend,V p Grant us Thy grace till life shall end ;V CT. That with all saints our rest may be V / In that bright Paradise V with Tliee. 35 39 tbrouQl) m Rlgbt of Doubt and Sorrou)* m ^-^-JJ -^— ^- I f 2i: j=r ?2=1\|5 ^^^ "P? r^ r -P' \|S^ f=^ I I I ^=S -<s^ ^ :c± 3^ 2i: I I tc± ^ =F=F =?2=?2: -f^- :r^ r^ j-f^szz^ 772p Through the night of doubt and sorrowV Onward goes the pilgrim band,V Singing songs of expectation, V Marching to the promised land. mf Clear before us through the darknessV Gleams add burns the guiding light ;V Brother clasps the hand of brother,V Stepping fearless through the night. mf Onward, therefore, pilgrim brothers,V Onward, with the Cross our aid ; V Bear its shame V and fight its battle,\/ p Till we meet beneath its shade. cr. Soon shall come the great awakening,/\ Soon the rending of the tomb ; V / Then the seatteting of all shadows,y And the end o[ toil and gloom. S") 40 ^ gi- Sina, Sing, pe ^ngel Bands* i f— r (•-i-- -J-— ^- rtr==^ iir^ i Traditional. , / H- S= ^ • -^- J- I I I J . J V ---' -s?- ;:i^zz; fcfe S^ 3 ■■W-^-?;: 1^ :=i: 1 I 1 "P2: 3: I I fli r I I _i^- / Sing, sing, ye angel bands, V . All beautiful and bright, V For higher .still and liigher,V Through lields of starry light, V Your Virgin Queen ascends V Like the sweet moon at night. mf A fairer flower than she V On earth has never been ; V And, save the throne of Glod,V Your heavens have never seen V A wonder half no bright crcs. As your ascending Queen. / 0 happy An^'cls ! look, V How beautiful she is ! \J See ! Jesus bears her up, V Her hand is locked in His ; V Oh, who can tell the height cres. Of that fair mother's bliss ! 37 41 l>all, eiorlous Saint Patrick. Traditional. ■tettE: F-CU-i — \ — l:^--^-l^_\| 1 — -I — --I — h- J. j..;_j_ ^ni^ I I I J- ipzi^: 5^t ^5 JzTzJ: i ^ J I I I I I ^- :£ :£Ft e ' 'i ' \ 1 J :3i^=l^Si5 ^=3: I I i — r ?2 J^^r^ii--^ 1^—m / Hail, glorious Saint Patrick, V dear Saint of our isle ! V On us, thy poor children, V bestow a sweet smile ; V And now thou art high in the mansions above, cres. On Erin's green valleys V look down in thy love. / Hail, glorious Saint Patrick ! Y thy words were once strong V Against Satan's wiles and an infidel throng ; V Not less is thy might, Vwhere in heaven thou art; V Oh, come to our aid, V in our battle take part. p Thy people, now exiles on many a shore, V Shall love and revere thee till time be no more ; V And the fire thou hast kindled shall ever burn bright, V cres. Its heat undiminished, V undying its lights. / Ever bless and defend the sweet land of our birth, V Where the shamrock still blooms V as when thou wert on earth, V And our hearts shall yet burn V wheresoever we roam, V ff For God and Saint Patrick V and our native home. 38 42 God of IRercp and Compassion. Traditional. -j^^ ^ 1_^ — I ^ f^ -^S- 2_ S^ F=^g^£^f^gEg; s ?^ li^ii t^d^^j^d=^=d^g=^^ tr ^=^ ^g-^-^-^-^- -g_^^^-^ z^^znz^^zzwtzz^ ^t^ ^^C:=fc :tJ^ J=^ -^-^ ^^ J J- 5 k I K^;^ p God of mercy and compassion, V Look w ith pity upon me ; V Father, let me call Thee " Father," V 'Tis Thy child returns to Thee. Chorus. / Jesus, Lord, V 1 ask for mere}', V Let me not implore in vain ; \] All my sins I now detest them ; V Never will I sin again. p By my sins I have deserved Death and endless misery : V cr. Hell, with all its pains and torments, V And for all eteinity. V .ff Je.sus, Lord, etc. p By my sins I have abandoned V Right and claim to heaven above, V / Where the saints rejoice for ever In a boundless sta of love. V ff Jesus, Lord, etc. p See my Paviour, V bleeding, dying, V On the cross of Calvary ; V To that cross my sins have nailed Him, 7 \^t He bleeds and dies for me. V ff Jesus, Lord, etc. 43 novo Cbank We M Our God. ^'^' .ill / 1 .A :- n -^1 / 1 — - r-g-T— 1 — 1 .J. .^ _^_ .^ .^ i;'^ — i 1 N^l >^ ^i^ ^l - 1 f^-! — (^ — L j 1 J t -<&-- 1 1 '-^ 1 — -.J ili-E=l -:2:^^j(5 I I 1 P ^ .1 j^ -^- ^. -C=^. -P="^ ci:3^=: I 1- :^: 3^ fS^ ^^^ u ^ '1=='- ^ ^^^^ -. g :^izs2: j_^,_ / Now thank we all our God, V With hearts and hands and voices, V Who wondrous tilings hath done, V In whom the world rejoices ; V Who, from our niotlier's arms, V Hath b'essed us on our way ^ With countless j^ifts of love,V And still is ours to-daj'. Oh ! maj- this bounteous GodV Through all our life be near us,V With ever joyful hearts V And blessed peace to cheer us ; V p , And keep us in His grace, V And guide us when perplexed, V And free us Jrom all ills V In this world and the next. All praise and thanks to Tiod 1'he Father now be given, V Tlie Son, and Him who reigns V With theiu in highest heaven, V t The One Eternal (;od,V Whom eartli and heaven adore ; V ^ For tlius it was, is now,V shall be evern.ore. 44. bail. Sacred Feast P]d. Miller, Mus. Doc. S=i :g=± ^a^- ia->-> -2=t ^_^_i^ oi :?2: :^2z:^ :S: -iS'- ■^E::: -)— r -fS"- = :^=:.22: -^^-.^ -£?- g; :.i^?i 221 F?2= 1?=^ -?==^ ^feS; •~2z :^ 22: :c27 =g=t^ -fS^- :s^: '^' :?2=P — I — -s- i^ _^_ :^ g^ _£i2_ -^ 1 B= ^^ ; -Az ^- s>- w ~fzy SE: '<^' _i^. 22: ^rT" m p-=^s- -t3- :^= ^P-J 7^- :^ :?2= s± -^_ =^ S^ m/ Hail, sacred Feast ! V which Jesus makes Rich banquet of His Flesh and Blood ; V Tlirice happy he V who here partakes / That sacred stream j.V_ that heavenly Food, mpO let Thine Altar honoured be, V And furnished well with joyful guests ; V And may each soul salvation see V p That here its sacred pledges tastes. / To Father, .Son, and Holy Ghost, V cr. The God whom heaven and earth adore, V From men and from the angel-host V f Be praise and glory evermore. 41 45 tl)c CI)urcD$ One Foundation* ^ ^=i=^-- S. S. Wesley, / H- lei: ^=g±g 'J_^^_si: -S?- ^.^tz: _<=^ :^z=p2: 1^ -(S?- _!S_ -.S'- -g- -iS' — ' .J=^_ z^z A 3=^=^: -jS' — fS*- g: .£2_ Z2: ^li^ci iz:^ ::^= :^: ■^ ;z:ic^ =g= ^ :5: _cz I I I I 1 , :22: 1 :^ (^ ^ -.&■- 221 f 2=±t^ "P=^ ^ -S-— - iiJr I 122: -<s- -^S- ici: -•— iS'- F :g=f :22: ?2-"T fti =g -b, H^ S5: -<S>-i- I S A -jr±. gsi r-r-p s-- ? -<s- p- p- y ^^=^^^1 j2_ J J J_J :gl: -^- S^ 221 / .^' V The church's one foundation V Is Jesus Christ our Lord ; V She is his new creation V By water and tlie Word : V From Heaven He came and sought her To be His holy Bride ; V With His own Blood He bought her, V And for her life He died. Elect from every nation, V Yet one o'er all the earth, V Her charter of salvation V One Lord,Vone Faith, Vone Birth, V One Holy Name she blesses, V Partakes one Holy Food. V And to one hope she presses V With every grace endued. r :?2: -^— ^- :^=^ p 'Mid toil and tribulation, V And tumult of her war, V She waits the oonsmnmation V Of peace for evermore ; V er. Till with the vision glorious V Her longing eyes are blest, V / And the great church victorious V Shall be the Church at rest. / Yet she on earth hath union V With God the Three in One.V f And mystic sweet communion V With those whose rest is won : V cr. O happy ones and lioly ! V Lord, give us grace tliat we, V / Like them the meek and lowly, V On high may dwell with Thee. 42 46 3c$u$ is tbc name We treasure. E.H. ^^^ 122: Z€^l :^ -<^— ^ ^ 1^ _C2_ :^=^: -I H -(S^ p Jesus is the Name we treasure, V Name beyond wliat words can tell ! V Name of gladness, \/ Name of pleasure, V Ear and heart delij^hting well ; V Name of sweetness passing n easure, \J leaving us from sin and hell. p 'Tis the Name for adoration, V / Nan;e for songs of vioN-ry ; \J p Name for holy meditatior.V In this vale of misery : Y / Name for joyful veneration V By the citizens on high. / Jesus is the Name exalted V Over every other name ; V In this name whene'er assaulted V We can put our foes to shame : V cr. Strength to them who else had halted,V Kyes to blind and feet to lame. J) Therefore we in love adoring V This most blessed Name revere ; V cr. Holy Jesu, Thee imploring, V So to write it in us here, V That hereafter, V heavenward soaring, V J^ \\'e ma3' sing with angels there. 4;i KEMBLE-WOOD, F.E. M - Vox Angelica. 2136 •K4	__label__neg	voxangelicanewco00kembuoft	OL23357656M	OL13796911W	60	1,913
zh	N/A	N/A	企业管理研究中外合资企业构建和谐劳动关系的探索与实践杨洪斌 (福建炼油化工有限公司，福建泉州 362800) \[摘要\] 和谐劳动关系对促进企业和员工的共同成长具有重要作用。中外合资企业在构建和谐劳动关系过程中，面临着国有企业与外资企业、非公有制企业在领导体制、组织形式和经营机制等方面的差异，不同的社会制度、管理方式和价值取向也会使企业与员工之间的关系变得敏感、产生矛盾。和谐劳动关系的建立，必须通过制度建设、组织建设、文化融合等途径和方法，以员工为本，以推进企业稳步发展、企业员工利双赢为日标。 \[关键词\] 中外合资企业；和谐劳动关系；建设；实践随着我国社会主义市场经济的稳步发展，劳动关系越来越成为经济社会生活中最基本、最重要的社会关系。因此，如何构建和谐劳动关系已经成为企业必须认真研究且意义深远的课题。福建炼化林德气体有限责任公司(以下简称福林气体公司)作为一家新兴的中外合资企业，从创立之初就非常重视和谐劳动关系的构建问题并进行了积极的探索与实践。和谐稳定的新型劳动关系，在实现福林气体公司与员工互利双赢、共同发展的日标过程中发挥了很好的作用。 1 构建和谐劳动关系的难点及意义一劳动关系是劳动者和用人单位之间在实现劳动的过程中建立的社会经济关系，这种关系和谐与否，直接影响劳资双方的利益。企业如果不注重构建和谐的劳动关系，只追求利润增长，忽视员工的利益，极易引发劳资之间的各种矛盾，从而影晌企业的发展，最终导致劳资双方受到损失，甚至给社会和谐稳定的局面造成冲击。当前，市场化进程加快，劳动关系呈现复杂化、多样化，影响劳动关系和谐的突出矛盾和问题逐渐增多，劳动关系协调工作面临着许多新情况、新问题和新挑战，企业构建和谐稳定劳动关系的任务更加紧迫、艰。构建和谐劳动关系对包括中外合资企业在内的非公有制企业具有特别重要的意义，且企业工会组织承担着重要的责任。由于非公有制企业的领导体制、组织形式和经营机制不同于国有企业，许多企业主因为担心建立工会组织将给资方树立 “对立面”，使管理员工更加困难，因此都不同程度地限制、阻挠甚至禁止员工依法组织和参加工会，比如，有的企业公开宣称“谁组织、参加工会就辞退谁”。在这种情况下，新建企业，特别是三资企业、私营企业工会组建率低，员工的合法权益难以得到保障，更谈不上构建和谐劳动关系。 “十一五”期间，我国相继出台了多部法律法规，从维护弱势群体利益出发，加大劳动权利保护的立法力度。尤其是2007年以来，我国先后制定并颁布实施了《劳动合同法》、《促进就业法》《劳动争议调解仲裁法》等重要法规。这些法规的出台，共目的是强化对劳动者合法权益的保护，促进企业构建、发展和谐稳定的劳动关系。因此，从法理上讲，每个企业都应白觉遵守国家法律法规，切实维护员工的合法权益。而构建和谐劳动关系、创建和谐企业则是守法维权的具体体现和必由之路。 2 构建和谐企业面临的压力和挑战福林气体公司是由福建炼油化工有限公司与林德(香港)有限公司各以 50：50的股比成立的一家中外合资企业，其员工大部分是随空分资产转让而转移过来的老“福炼人”，少部分新员工则是 \[收稿日期\]2011-09-19。 \[作者简介\] 杨洪斌(1968一)，男，福建连城县人。毕业于华侨人学石油化工专业，中共中央党校经济管理专业在职研究生。工程师，福建炼油化工有限公司党委副书记、纪委书记、工会主席。电子信箱： zzbu403 @163.com。气体合资公司为满足生产和发展需要而招收的技术骨干和操作人员，此外还有合资公司双方股东委派的管理人员。为了推动具有多元文化背景的员工尽快融合，早日形成合资公司的共同价值取向，合力推进福林气体公司各项工作顺利开展，保障各方权益，更好地实现中外股东预期的投资收益，和谐劳动关系的构建与发展尤为重要。同时，作为“大福炼”(对包括改制、分流、合资企业在内的福建炼化企业的称谓)的一名新成员，福林气体公司也应在建设和谐“大福炼”的过程中义不容辞地发挥生力军作用，因此，首要任务是在福林气体公司内部构建起和谐的劳动关系。处于起步阶段的福林气体公司，在构建和谐劳动关系的过程中，主要面临两个方面的压力和挑战：一是中外合资企业作为不同社会制度、不同管理方式和不同价值取向的交汇点，在经营管理活动中难免会出现两种社会意识、两种管理理念和两种价值观念的相互撞击。劳动者与企业之间的关系变得更加敏感，他们对劳动报酬、劳动保护、劳动保险和劳动教育等方面的立场、认识不同，往往矛盾突出，这种在中外合资企业中普遍存在的现象，也或多或少地出现在福林气体公司。福林气体公司创立后，由于当时与重要客户的某些关键合同谈判还未完成，导致主要生产性资产和部分待转移人员无法正常转移，过渡期被非正常地延长，使员工对企业和个人的前景产生忧虑，思想情绪波动较大，削弱了对公司的信任感与归属感，给安全生产和日常管理带来消极影响，增加了构建和谐劳动关系的难度。二是当时公司人员结构不尽合理，增加了制定人事政策和薪酬福利方案的难度。要做到既顾全公司利益、满足管理需要，又保证员工的切身利益，妥善安置转移人员，实现人员和岗位的合理配置，是福林气体公司面临的挑战，公司成立之初，各项规章制度尚未建立健全，岗位职责和工作程序需要逐步明确，各方利益关系有待协调融合，特别是公司发展策略和员工个人利益相关政策、制度的制定，如何从合资公司的实际出发，做到合情、合理、合法，具有现实可操作性和长效性，使劳资双方都乐于接受、自觉遵守，从制度上促进公司内部和谐劳动关系的构建，也是工作的重点和难点。 3 构建和谐劳动关系的措施及成效为了确保合资公司和谐、稳定、科学地发展，中方早在合资合作谈判阶段，就依法提出合资公司建立党组织和工会组织等问题。在中方的坚持下，有关设立党组织和工会组织的内容正式写进了《合营合同》及《公司章程》的相关条款，从而确立了党组织和工会组织在合资公司的合法地位，党组织和工会组织可以公开挂牌和开展活动，而且得到经费保障。另外，关于员工培训与发展、工资及薪酬制度、劳动保护和社会保险等劳动人事政策均在合资公司章程的相应条款中予以固化，这些都为构建和谐劳动关系奠定了良好基础。福林气体公司成立以来，始终致力丁构建和发展和谐劳动关系，坚持以人为本，依法经营管理，规范用工行为，努力创建“互利双赢、和谐稳定”的新型劳动关系，以保障公司的健康有序发展。在此基础上，福林气体公司针对创立发展的特殊时期所面临的困难，结合工作实际，通过加强几个方面的工作来推进和谐劳动关系的构建。 3.1 打造高度负责任、高度受尊敬企业福林气体公司积极致力于建设高度负责任、高度受尊敬的企业，通过开展合规守法教育、革命传统教育、参与公益慈善活动等，引导员工增强责任意识和道德意识，自觉维护公司形象，积极培育共同的愿景与核心价值观。持续倡导和谐“大福炼”的理念，如组织员工参与“大福炼”团队建设活动、文明月活动、志愿者活动等，主动融入“同建和谐的大福炼，共享大福炼的和谐”氛围中，使“大福炼”大家庭的温馨感深入人心，以关系融洽促队伍稳定，以企业和谐促社区稳定。在生产经营过程中，公司综合考虑股东、客户、企业、员工等各方面要求，协调理顺各种关系，依法规范管理工作，树立诚信经营形象，以高绩效赢得各方的满意。同时，在政策允许和力所能及的情况下，积极改善员工工作和生活的环境，努力满足员工职内发展需求，让员工分享企业发展成果。 3.2完善组织建设，保障员工权益公司自成立以来，注重加强和完善制度建设。参照有关法律法规，在学习、借鉴中外股东方及兄弟单位的管理经验和相关制度的基础上，逐步建立起具有福林气体公司自身特色的内部管理制度，并在实施过程中不断加以修订或完善，得到了员工的认可和认真地执行。党组织、工会组织不断加强自身建设，增强战斗力和凝聚力，在推进公司发展进程中积极发挥作用，例如召开工会会员大会，大力推行集体合同集体协商工作，建立协商会议制度，成立公司内部劳动争议调解委员会并制定相关工作条例，充分体现了民主，畅通了劳资沟通渠道，为切实维护员工利益、进一步规范合资企业用工行为、促进劳资关系和谐稳步发展夯实了基础。 3.3 加强人力资源管理，解除员工后顾之忧以《劳动合同法》学习为契机，推进用工依法管理；切实在招聘、试用期间把好选人关，提高用工质量；通过开展培训和企业文化建设，最大限度开发人力资源潜力，建立和谐稳定的劳动关系，促进公司持续健康发展。公司人力资源与行政部制定严密规范的劳动合同，不断优化员工薪酬福利方案和组织架构，以控制定员和人工成本；加强劳动纪律管理，建立考勤及请、销假机制；对已完成的劳动人事管理制度多次进行修订完善，指导各职能部门编写岗位说明书，审核各部门管理制度和操作流程，起草各部门关键绩效考核指标，对各岗位员工开展了多项培训；按规定为员工办理“五险一金”，并根据公司生产经营状况，为员工办理企业年金和补充医疗保险，加强与地方社会保险和住房公积金管理部门的沟通，及时调整相关标准，为员工争取最大的福利保障。公司自成立以来，没有出现过拖欠员工工资、欠缴员工社会保险费的现象。在福利方面，准时按照规定为员工发放住房、交通、通讯、防暑降温和员工劳保等各项费用，实行定期体检制度。 3.4 强化本质安全意识，创造安全工作环境公司始终把安全生产作为企业发展的头等重要大事来抓，严格建立和落实各项安全生产制度，使安全生产工作制度化、规范化、标准化。两年多来，公司以“我们可以做得更好——预防为主、全员参与、安全发展、从我做起”为主题，通过举办安全和工艺知识讲座、开展消防演练及培训、全员安全承诺签名、征集合理化建议、岗位技术练兵、装置隐患排查治理和应急救援演练等系列活动，帮助员工进一步树立“我要安全”的理念，强化员工的“本质安全”意识，全面加强安全管理工作，实现了公司的本质安全。 3.5 坚持以人为本，重视思想工作公司管理层一直注重人性化管理，以了解员工、关心员工、为员工着想、为员工服务为目的，开设了公共邮箱，开展“我献金点子”和“说句心里话”等活动，认真、客观地听取员工的意见和建议。针对公司面临的最大、也是员工最关心的关键合同谈判和签署问题，公司管理层紧跟合同谈判进程，及时发布合同进展情况。在员工出现思想情绪波动时，公司多次组织召开员工座谈会，宣讲公司人事政策，倾听转移员工的意见，及时解疑释惑，主动深入到各部门、各岗位，特别是生产装置现场的员工中，了解掌握员工的思想动态，与员工个别谈心、详细了解情况，并通过各种方式和多种渠道及时做了大量引导和疏导工作，保证了公司生产和员工队伍的稳定。 3.6 注重企业文化建设，营造和谐快乐的软环境公司注重和谐企业文化建设，通过组织开展一系列团队活动，如拓展训练、联欢活动和关怀慰问活动等，让员工感受到家一般的温馨和快乐。通过开展“我与福林公司共成长”主题系列活动，强化员工的团队协作精神，培育集体荣誉感，增强企业凝聚力；通过开展各类文体娱乐活动、工间操、英语俱乐部、我爱读书”和赠书、征文活动，以及每季度创办1期文化墙，图文并茂地反映员工工作和生活现状，展示员工的风采，使员工深切感受到公司对自己全方位的关注。公司积极营造快乐工作、终身学习的氛围，让员工在工作中享受快乐，在工作中不断学习进步。丰富多彩、形式多样的企业文化建设活动，进一步拉近了员工与公司的距离，增强了员工的团队精神，使员工深刻感受到企业的关心和温暖，更重要的是增强了企业的凝聚力和向心力，使公司的和谐劳动关系在各项活动中得以健康、顺利地发展。 _4_ 启示经过一段时间的摸索和实践，福林气体公司在构建和谐劳动关系方面积累了一定经验，并深刘地认识到，构建和谐劳动关系是企业一项长期的系统工程，贯穿于公司生产、经营、管理、发展的全过程。同时，也从中获得了有益的启示。 4.1 完善规章制度，实现劳动用工的规范化管理合资企业中，无论是行政、人力资源、安全管理等部门，还是党委、工会组织，目标都是一致的，必须在《劳动合同法》《工会法》等各项国家法律法规的指引下，各司其职，互相协作，共同努力，建立一套适合企业自身需要的规章制度。《劳动合同法》颁布实施后，企业劳动用工管理的重心应放在白身规章制度的制定和完善上，使规章制度与劳动合同、集体合同、法规政策共同构成劳动用工管理的主要依据，同时，要积极运用法律形式规范企业和员工，使企业劳动用工管理走向规范化，保扩广大员工的合法权益。特别是要制定规范、严密的劳动合同，在劳动合同的签订、试用期管理和劳动合同的变更、解除、终止、续订以及违约金支付等方面做出明确规定，从制度和操作流程等诸多方面，规范日常员工管理工作，保障和谐的劳动关系。 4.2探索党建工作新路子，发挥党组织监督和协调作用中外合资企业党组织开展的各项活动要紧紧围绕企业生产经营中心任务，在员工中发挥政治核心作用，带领员工支持和促进企业持续健康发展。党组织要宣传贯彻党的路线、方针、政策，积极关心企业生产经营等重大问题，为企业发展排忧解难；协调员工及企业的内外关系，维护劳资双方的合法权益；领导企业群团组织，支持工会依照法律和章程独立主动地开展工作；加强党组织自身建设，做好党员的教育、监督和管理工作，提高党员的政治素质和业务素质，发挥党员先锋模范作用。在协调劳资矛盾和各方利益冲突中，要充分发挥党组织的协调作用，始终站在全局和稳定的高度，以法律和国家政策为准绳，充分整合各种资源，广泛凝聚各方力量，坚持联系群众制度，对企业热点问题广开言路听取各方意见，以扩大党的群众基础；坚持领导协商制度，争取使矛盾、冲突在协商中得到缓解和解决；加强对工会组织的领导，发挥其联系群众的主纽带作用和维护员工合法权益中的主力军作用。 4.3 充分发挥工会组织在构建和谐劳动关系的作用工会组织在企业构建和谐劳动关系这一关键环节上，要积极参与企业政策的制定，做好源头参与、事先介人的工作，把可能产生的矛盾化解在萌芽状态，并依靠党组织在企业的政治核心作用，促进企业和谐劳动关系的构建；要把构建和谐劳动关系的工作常态化，制定构建和谐劳动关系的计划，做到细化和量化，增强可操作性，加强宣传力度，形成企业主动参与、员工广泛参与的局面。工会组织还要注意寻找各方利益的平衡点，协助企业提高资源配置和利用效益，谋求在各项分配中维护企业和职工之间的平衡与公平；发挥工会组织与职工群众密切联系的长处，及时了解员工需求；坚持平等协商，代表职工与企业行政签订《集体合同》，使集体合同成为促进公司科学管理、建立和谐稳定劳动关系等方面应遵守的行为规范和共同准则。 _4.4_ 坚持以人为本，在构建和谐企业文化中巩固和谐劳动关系和谐的劳动关系是以人为本思想的体现，是构建和谐社会的重要保证。企业应坚持以人为本的和谐企业文化，推行人性化管理，形成和谐、宽松、快乐的办公氛围和高效、务实、勤勉的工作风气。在谋求企业发展的同时，拓宽提高员工素质的途径，让员工自身得到充分发展和实现自身价值，从而巩固和谐劳动关系。工作实践表明，企业发展越深人，劳动关系越呈多样化。公司在以后的发展过程中，仍然会遇到更为复杂的劳动关系现象，要不断总结经验，坚持以人文本，将依法保障员工的合法权益、调动员工积极性、严格守法、规范用工、立足实际和关爱员工作为夯实和谐劳动关系的基础，保证互利共赢、和谐稳定的新型劳动关系长久、健康地发展。 Probe and Practice of Construction of Harmonious Labor Relation in Sino - Foreign Joint Venture Enterprise Yang Hongbin (SINOPEC Fujian Refining and Chemical Co. Ltd.， Quanzhou Fujian 362880 China) Abstract Harmonious labor relation is very important to promote common growth of both enterprise and employee. In construction of harmonious labor relation in Sino - foreign joint venture enteiprise， we are facing the difference be-tween state - owned enterprise and foreign capital enterprise and non -public owned enterprise in leading system， or-ganization form and operation mechanism. Different social systems， management modes and value orientation may also make the relation between enterprise and employee more sensitive， which would produce contradiction. The construc-tion of harmonious labor relation must be through approach and method of system construction， organization construc-tion， culture blend， oriented in employee， targeted at promotion stable development of the enterprise and mutual ben-efit and win - win of enterprise and employee. \[Key words」 Sino - foreign joint venture enterprise； harmonious labor relation； construction； practice	__label__neg	null	null	null	null	null
zh	N/A	N/A	思想政治教育机理研究：缘起、意义与理路赵继伟 (中南民族大学思想政治教育学院，湖北武汉 430074) 摘要：开展思想政治教育机理研究，是思想政治教育自身的要求，也是思想政治教育研究认知逻辑的必然产物，是思想政治教育基础理论研究的新课题，也是思想政治教育实践的基本依据。关键词：思想政治教育；思想政治教育机理；思想政治教育基础理论中图分类号：D422.62 文献标志码：A 文章编号：1008-2921(2010)02-0088-03 自思想政治教育科学化和现代化以来，思想政治教育以其特有的底蕴，口益成为一个政党、一个国家执政兴国、资政育人的有力武器，也成为一个群体、一个组织提升成员素质、开发成员潜能的有效手段。人们对思想政治教育的神奇魅力日益表现出极大的兴趣，思想政治教育学界也以饱满的热情和拓荒的精神对思想政治教育展开不同层面、不同领域的研究、随着思想政治教育研究的深入，思想政治教育机理作为一个重要的基础理论问题，日益引起学界的关注。思想政治教育机理，是指融物理、人理、事理为一体的思想政治教育系统内部的活动原理。它既涉及思想政治教育这一社会物白身的发生、运行和发展之理，也涉及思想政治教育如何作用于人、使人接受的做人之理、做事之理。也就是说，思想政治教育机理内在地包含着思想政治教育发生机理、运行机理、作用机理、接受机理和发展机理。思想政治教育机理作为思想政治教育基础理论研究的内容，既是思想政治教育基础理论研究的新课题，也是指导和解析思想政治教育实践活动的基本要求，还是思想政治教育学界的理论自觉。从总体上审视思想政治教育，一般可以从两个层面展开：一是作为社会实践活动的思想政治教育；二是作为科学研究和教育训练的思想政治教育。就社会实践活动层面而言，它作为一种社会客观存在，是一项古老的社会实践活动，贯穿于以往人类社会的全部历史，不管所在社会形态或阶段是否冠之以思想政治教育的称谓，它总是客观地存在的，在社会和人类文明进程中发挥着重要而独特的作用。因此，古今中外，各个社会的统治阶级和统治集团都或显性或隐性，把思想政治教育置于一个十分重要的地位。就科学研究和教育训练的层面而言，它经历的时间则相对较短，还是一个年轻的领域。不过若从古往今来一些历史人物对思想政治教育的相关思想来看，思想政治教育的思想或理论则又是源远流长的，从这个角度来说，思想政治教育作为一门供学界进行科学研究和相关部门进行教育训练的科学，是经历了一个较长的孕育和发展过程的。由于思想政治教育从总体上可以划分为作为社会实践活动的思想政治教育和作为独立从事科学研究和教育训练的思想政治教育，学界对其研究也是从这两个层面展开的。一方面，以人类思想政治教育实践活动为历史起点，深入梳理、归纳、总结中外思想政治教育实践活动的经验。 _一_ 是批判借鉴西方国家思想政治教育的实践活动，二是择取吸收中国古代思想政治教育实践活动，收稿日期：2009-12-25 基金项目：2009年湖北省教育厅人文社会科学研究指导性项目“思想政治教育机理研究"(2009b155) 作者简介：赵继伟(1973-)，男，河南南阳人，中南民族大学思想政治教育学院副教授，博士，硕七生导师，主要从事思想政治教育理论与方法研究. 三是继承发展中国共产党思想政治教育的历史经验和光荣传统，四是对上述思想政治教育实践活动进行比较研究。另一方面，以思想政治教育科学研究和教育训练为逻辑起点，以现实的思想政治教育实践为基础，对思想政治教育学开展基础理论研究和应用研究。在新的历史时期，随着思想政治教育现实实践、科学研究和教育训练建设的发展，学界以党的最新理论成果为指导，对思想政治教育的研究视域愈益拓展，整个思想政治教育学研究领域出现了“百花齐放、百家争鸣”的繁荣景象。但是，由于提出“思想政治工作要成为一门科学”的时间不长，加之思想政治教育学自身的复杂性，思想政治教育学研究还存在着一些亟待解决的矛盾：一是思想政治教育学与“思想”之间的矛盾，二是思想政治教育学与相关学科的矛盾，三是思想政治教育学与思想政治教育一般之间的矛盾，四是思想政治教育学与科学理论规定之间的矛盾。2在这些现存的矛盾中，思想政治教育学与思想政治教育一般之间的矛盾尤其值得注意。有人认为，思想政治教育只有社会主义社会才有，其他社会形态是不存在思想政治教育的。由于这种认识的存在，就从一定程度上制约了思想政治教育科学研究的时空，使现有的思想政治教育学缺芝人类社会思想政治教育一般性的高度，对于思想政治教育这一普遍性的人类社会实践活动的共性研究不够。所以，思想政治教育学应以思想政治教育实践活动的产生、形成、发展的本质及规律为重要研究内容，因为每一门学科的形成都离不开一定的理论基础和实践基础，都反映一定的社会本质，有着自己的历史演变过程。只有全面研究思想政治教育实践活动的产生和形成发展过程，才能深刻揭示出思想政治教育的社会本质及其规律性。要研究人类思想政治教育发生、形成、运行和发展的过程，可以从不同的视角来进行。一是可以研究整个人类社会从古至今思想政治教育的历史过程的一切方面，包括思想政治教育的发生、运行、作用、接受和发展的全过程；二是可以研究人类思想政治教育历史过程的某个方面，例如思想政治教育历史过程的规律、机理、机制等等；三是可以研究思想政治教育发生、运行、作用、接受和发展某个单一的阶段的各个方面，例如思想政治教育发生论、思想政治教育运行论、思想政治教育作用论、思想政治教育接受论、思想政治教育发展论等等；四是可以研究某个单一阶段的某个方面，例如，就思想政治教育发生来说，我们可以研究思想政治教育发生的历史、发生的根源、发生的机理、发生的规律、发生的机制等等。对思想政治教育机理进行研究，就是属于上述研究视角的第二个层面，即对思想政治教育历史过程的某个方面―—思想政治教育机理的研究。思想政治教育作为一项普遍的人类社会实践活动，有着自身的逻辑展开过程。本研究的任务并不是思想政治教育逻辑展开过程的一切方面，而是仅对其逻辑展开过程中各个方面和阶段的机理展开研究，也就是说机理是本研究的逻辑起点。通过该研究，我们可以比较清楚地了解思想政治教育所蕴含的物理、事理和人理，可以构建比较全面的思想政治教育机理体系，从而为思想政治教育提供切实的理论指导。二有一种观点认为，思想政治教育属于应用性的科学，对于现实问题的有效解决，是思想政治教育这门应用性科学存在的价值所在。因此，思想政治教育科学研究更应该关注现实问题，应该更多地关注思想政治教育的技巧。这是有一定道理的，但是这种观点却有值得商榷之处。诚然，思想政治教育要立足于解决现实问题和困惑，但是，对于初创阶段的科学，如果不关注基础理论研究，而一味地从功利的立场出发，就会使该科学的基础理论薄弱、根基不稳，对于该科学的可持续发展是很危险的。因此，我们既要关注现实问题，更要关注思想政治教育的基础理论问题，尤其是那些对于实然的思想政治教育实践具有重要价值的基础理论问题。从学界对思想政治教育机理和机制的认识逻辑和认识的现实来看，学界先认识到思想政治教育机制的重要性，率先对思想政治教育机制展开系统研究，随着研究的深人，发现思想政治教育机制后面，还隐藏着更深层次的东西即思想政治教育机理。由于思想政治教育机理较之思想政治教育机制来说研究的难度更大，目前学界对其研究很少。可以说，对思想政治教育机理的研究，是一个崭新的理论课题，还处于起步阶段，存在着巨大的理论空间。进行思想政治教育机理研究，绝不是过分执著于基础理论而不关注现实问题，恰恰相反，研究思想政治教育机理正是从思想政治教育实践的需求出发的。思想政治教育机理是思想政治教育实践的导向标和指示器，是思想政治教育实践的基本依据。从纯粹的意义上来说，要有效开展思想政治教育，就必须了解思想政治教育机理。而在实然的思想政治教育实践中，思想政治教育者大都没有主动从思想政治教育机理出发，按照思想政治教育机理去开展思想政治教育，而是在某种程度上靠某种“契合”，即思想政治教育实践碰巧符合思想政治教育机理的要求，符合思想政治教育的内在活动原理。我们说，要做好思想政治教育，具有一定的思想政治教育经验是必要的，但这并不等于说只要有了思想政治教育经验，就一定能够做好思想政治教育，因为经验并不总是可靠的。思想政治教育是一个复杂的系统工程，自身总是在动态发展的，要真正做好思想政治教育，更为可靠的是在具有丰富的思想政治教育经验的基础上，深入了解和掌握思想政治教育机理，在思想政治教育机理的指导下，从本真的思想政治教育出发，创立、丰富和完善思想政治教育机制，实现思想政治教育的科学化。三鉴于已然的思想政治教育机理研究比较零散、有待深入的事实，我们必须对思想政治教育机理进行一番较为系统的梳理，遵循从一般到特殊，从实践到理论，从理论到应用，从宏观到微观的理路，以期从不同的角度、不同的侧面、不同的视野对思想政治教育机理展开系统、深入、全面的说明和理论阐释。就对思想政治教育机理概念的揭示来看，我们力图抓住思想政治教育机理的核心概念——机理，从现实生活中机理概念的产生和发展的逻辑中把握机理的概念，从机理概念的原始构成中揭示机理的内涵，从机理与它事物的联系中把握机理的外延，从而从本真上抓住机理的科学含义，接着又从机理一般的概念出发，把握思想政治教育机理的科学含义。实际上，从机理一般到思想政治教育机理的思路，就是从一般到特殊的理路。由于思想政治教育在整体上可分为社会职业层面的思想政治教育和个体层面的思想政治教育，我们研究思想政治教育机理也可以从这两个层面展开。由于社会思想政治教育相对于个体思想政治教育而言，处于更加重要的位置，关系到思想政治教育的全局，理清了社会思想政治教育机理，更加有利于研究主题的进一步展开，基于此，我们应该选择从社会思想政治教育机理到个体思想政治教育机理的理路。揭示理论的目的在于应用，思想政治教育机理的揭示也是这样。揭示出思想政治教育机理之后，就要应用思想政治教育机理去解决思想政治教育实践和研究中的问题。由于思想政治教育机理和思想政治教育机制、思想政治教育原理、思想政治教育规律联系十分紧密，在现实生活中人们常常将这三者混淆，我们就必须在搞清思想政治教育机理的基础上，着力去解决影响人们认识的一些实际问题。这些问题包括：如何厘定思想政治教育机理与思想政治教育机制、思想政治教育原理、思想政治教育规律的概念，如何优化、构建思想政治教育机制，如何深化对于思想政治教育原理的认识，如何揭示思想政治教育的规律，等等。这就形成了从思想政治教育机理的揭示到思想政治教育机理的应用的理路。参考文献： \[1\] 赵继伟.论思想政治教育机理的含义\[J\].思想教育研究，2009(2). 余仰涛.思想政治工作学研究方法论\[M\].武汉：武汉大学出版社，2006：6-19. Research on Education Mechanism of Ideological Politics： Origin， Significance and Line ZHAO Ji-wei _(Ideological and Political Education College of South-Central College for Nationalities， Hubei 430074， China)_ Abstract： A research on education mechanism of ideological politics is the requirement of education of ideological politics， the necessary result of its epistemic logic， new subject of its theoretie research and evidence for its practice. Key words： education of ideological politics； education mechanism of ideological politics； basic theory on education of ideological politics 责任编辑：孟筱	__label__neg	null	null	null	null	null
zh	N/A	N/A	动漫在国学校本课程建构中的渗透王晓栋摘要】学校是大多数儿童了解和学习国学的重要场所。真正把国学经典作为一门学科来建设，从而树立文化自信，这是我们进行国学教育必须解决好的重大问题。国学教育体系中植入动漫课程便是重要的路径，以动漫为抓手，科学建构系统化的校本课程，搭建主题式课程活动框架，丰富校本国学文献资源体系，对促进国学的发展具有重要意义。【关键词】情境教育；儿童国学；校本课程；动漫课程【中图分类号】G423.07 【文献标志码】B 【文章编号】1005-6009(2021)27-0062-02 【作者简介】王晓栋，江苏省如皋市教师发展中心(江苏如皋，226500)研训员，高级教师。国学是中华民族传统文化的精粹积淀，国学教育的目的之一，是让学生由国学的受体变为自觉的主体。加强国学校本课程体系的构建和实施，重在以“儿童立场”建设经典教育“活”的载体。融人学生喜闻乐见的动漫元素，鲜艳的色彩、流畅的造型，极具感染力的音乐、动画，借助这些动漫的形式，创设教育情境，开展以美为突破口、以情为纽带、以思为核心的学习活动，实现儿童认知与情感的协调发展。一、以动漫为抓手，建构系统化的校本课程国学内容博大精深，不可能让儿童对所有的国学知识都进行学习，教学中必须对国学内容进行精心筛选。所以，建构科学、系统化的校本课程就显得尤其重要。笔者认为，儿童国学教育的落脚点主要有以下几个方面：中华传统文化常识、为人处世的品格、传统文化启蒙与语感启蒙。在这些内容中，应选取适合当代儿童的语言优美、蕴意深刻而且能体现民族精神的经典篇目。这些内容用什么方式呈现呢?如果国学传授内容仅以文字形式传授，是很难被学生接受的。对于现代的学生来说，身边的世界日新月异，我们需要一个抓手，在现代学生与传统国学之间架起联通的桥梁。动漫形象夸张，特点鲜明，是中小学生比较喜欢的元素。于是，笔者便尝试把一些学生喜欢的动漫中的国学元素挖掘出来，根据题材进行组合，采用“单元模块”的结构，每个单元提炼主题，在遵循科学性、系统性原则下，以单元主题形式形成知识框架。同时，遵循儿童的认知规律，摸准儿童的兴趣点，以趣味性、可读性为抓手，借助欣赏经典的动画片《大闹天宫》《功夫熊猫》等，再以说故事、讨论、游戏、竞赛、表演等生动有趣的方式来呈现国学知识，创设国学情境，打造儿童想象空间，从而引导儿童自发主动地进人到国学知识的学习中。二、以动漫为媒介，拓宽国学教学之路以动漫教学为基本媒介，把动漫的元素融人进去，通过多样的活动方式，将国学精华融人其中，能够很好地激发学生学习的兴趣，让学生在潜移默化中感受国学的魅力。如“国学人物动漫秀”经典国学故事动画版口袋书”国学与动漫设计大赛”等活动，切实增强国学教育的吸引力和感染力。要让学生系统接触国学，要做到“三定”：一是定内容，校内国学馆根据儿童的身心特点，制定课程计划，按照循序渐进的学习原则，将国学经典内容用动漫的表现手法进行立体的全方位的布置，如采用低、中、高三层学段制，以适应不同层次的儿童。低学段以传统蒙学为主要学习内容(以最简单的线性绘本动漫形象设计呈现内容)；中学段可系统选学《论语X大学》，用“我设计的动漫形象”制作富有趣味的水彩绘本故事书等；高学段可重点选学《老子》《史记》，以剪纸为主的纸艺动漫来呈现。二二是定时间，校内国学馆建设一个重要的方面就是制度建设，要以制度的形式，明确国学学习的具体时间，如每天经典诵读时间、每周国学课时间安排、每学期的国学节时间安排等。三是定要求，校内国学馆要对学生学习国学做一些具体层面的规范，如要求学生诵读经典时必须做到“心、眼、口”三到，并能熟练掌握表现国学经典内容的动漫表现技法等。三、以动漫为元素，搭建主题式课程活动框架 1.动漫走进“经典诵读”。学校可以用夸张有趣的动漫形象设计国学绘本，拉近学生和读本的距离或用动态的影音指导学生读背，再设计一些过关活动，如接龙背诵、看图猜文等，把读背变为游戏，让原本枯燥的诵读变得生动有趣。同时，学校还可以年级为单位定期举行“勇闯国学关”名句挑战诵读”等形式多样的活动，设计独特的动漫形象的徽标或布偶，作为国学标志，奖励在活动中表现突出的学生。 2.动漫走进“传统节日”。传统节日是中华文明世代相传的重要载体，客观上承载着传统文化中的价值观，每一个节日都有其历史渊源和独特内涵，也蕴含着丰富的教育意义。校内国学馆可利用传统节日开展“传统节日我来画”画画身边的国学经典”等活动，向全校师生普及国学知识。针对儿童的年龄特点，可重点在传统节日的趣味性上下功夫，用拟人化的手法设计动漫形象，如春节画烟花、元宵画花灯、清明画风筝等。 3.动漫走进“传统艺术”。校内可以开设国学动漫艺术主题课程，让儿童以国学经典内容进行动漫作品创作。如一节陶泥课，教者把中国的传统泥塑作品和现代动漫形象进行比较，引导学生观察，发现大阿福的神态惟妙惟肖，憨态可掬，带给人情感上的愉悦，而现代动漫的形象更注重人体比例上的协调。最后，教者再让学生把现代动漫的特点融人大阿福等传统形象中，试着自己创作一件泥塑人像，学生既深入了解了传统文化的精髓，又把现代元素添加进去，创作出属于自己的动漫作品。圆	__label__neg	null	null	null	null	null
zh	N/A	N/A	把握好世界金融危机给我国提供的发展机遇晏振乐中共西安市委党校陕西西安 710054) 由美国次贷危机引发的全球性金融危机已持续了一段时间各个国家都受到不同程度的影响而且其影响面广涉及金融经济乃至国家安全世界政治格局对这场危机的未来发展目前还难以确定会持续到何时，影响的广度和深度如何，见仁见智但仅就目前而言已相当严重众多国家经济下滑不少国家出现衰退个别国家甚至发生危机尽管各国都根据自己的国情采取了相应的措施有些国家还采取了联合行动但前景还不明朗对于这场出人预料数年未见影响深刻而广泛的金融危机其危害是显而易见的然而在无法改变既成事实的情况下我们要看到事情的两面性金融危机一方面给我们带来困难影响了我们的发展另一方面也给我们的发展提供了新的机会只要我们认真总结经验吸取教训抓住这些机会就能化消极为积极获得新的发展一、金融危机凸现坚持走中国特色社会主义道路的优越性使我们对未来充满信心改革开放以来我们根据自己的国情吸取别国的成功经验走出了一条中国特色的社会主义发展道路从目前来看是很成功的特别是与引发金融危机的西方发展模式相比已显示出其优越性苏联解体东欧剧变后以美国为首的西方发达国家得意忘形加快了全球化的步伐企图把整个世界纳入自己的统治之下他们向中国及众多国家施加的一个压力就是要各国照搬西方的经济政治模式自认为这是最佳模式然而物极必反由于他们的过分自信只看到别人的问题没有看到自身存在的问题结果不但使自己陷入目前的困境而且拖累世界众多国家陷入困境金融危机的发生一方面给我们带来很大的困难但另一方面我们还保持着较快的发展速度对世界经济发展有很大的贡献因此不少国家关注中国发展研究中国的成功经验甚至西方发达国家也再三要求中国在世界金融和经济中发挥更大的作用帮助世界经济复苏这使中国的国际影响大大提高那么为什么西方国家出现了宜：日斗是儿mma10+土黄六品+品乎品本本针LL讯升小展模式我们就不滩发现我们发展的成功经验这些经验对我们今后的发展有重要意义是我们的宝贵财富这些经验主要包括 1发展市场经济不能放松政府监管由次贷危机引发的首先发生在美国并波及世界的这场金融危机与西方国家政府放松监管密不可分上世纪80年代由美国总统里根英国首相撒切尔夫人倡导的新自由主义曾是一种在欧美比较成功的发展模式对美欧推行经济全球化起了巨大作用苏联解体东欧剧变与此密切相关它的核心是自由化市场化私有化.否定公有制否定社会主义否定国家干预.在战略政策方面极力鼓吹推行以超级大国为主导的全球经济政治文化一体化即全球资本主义化本来作为一种经济理论和发展模式有其可取之处但由于西方国家把其作为一种政治武器把其极端化放松政府对金融及各种经济活动的监管使其恶性发展以致造成现在的灾难性后果我国在搞市场经济的过程中一方面让市场配置资源调控经济另一方面加强政府监管严防市场漏洞从而使我国社会经济保持了平稳较快发展这是我们不照搬西方模式走自己道路的成功之处，搞建设不能脱离本国国情我国是一个发展中国家民众收入不高生活还不富裕扎实发展实体经济增加社会物质财富提高人民生活水平是我国发展的必由之路发达国家由于发展水平较高虚拟经济占较大比重它们减少实体经济活动创新出各种所谓以钱生钱的花样虽然货币收入和帐面收入剧增但社会的物质财富并没有增加多少而且自以为国家民众承受能力强轻视风险这次从次贷危机到金融危机再到经济衰退暴露的就是这方面的问题其实在现代社会实体经济与虚拟经济是相生相伴不可或缺的但是实体经济是基础虚拟经济可以促进实体经济的发展却离不开实体经济过度发展虚拟经济容易产生泡沫表面看货币财富迅速增面的控制还是得当的但也有失控之处这次金融危机也给我们提了个醒我们目前实行的重视农业关注民生加强基础设施建设等就是对过去政策的一种修正 3坚持民族优良传统中华民族有一个优良的传统就是勤俭节约量入为出而西方国家自认为国家经济实力强有社会保障因而政府搞赤字财政民众超前消费严重这也是金融危机在西方快速蔓延的一个重要原因在引发金融危机的美国其经济特征就是低积累高消费通过不断扩大的过度的消费来创造需求从而推动生产的发展说信用消费是拉动美国经济的.火车头，那是毫不夸张的贷款消费已成为社会生活中的普遍现象一个数据显示近20年美国的储蓄率一直在下降从1984年的10.08%下降到2007年的负1.7%也就是说美国人挣100元而消费却超过100元这从一个侧面反映了美国过度消费的现象也正是这种过度消费为金融危机的爆发埋下了隐患受西方消费观念影响在过去的一段时间里有人甚至对中国人的节俭传统提出质疑事实证明是错误的中国人节俭既与我国社会保障制度不健全经济落后民众收入低社会和个人抗风险能力弱民众不得不作长期打算有关同时节俭是中华民族数千年的优良传统不是一朝一夕就能改变的正因为如此我国近年虽然经济发展较快一部分年轻人有超前消费倾向但大部分人还保持着节俭传统我国的高储蓄率就反映了我国民众的消费状况这次金融危机对我国的影响到目前为止之所以比西方国家小与消费观念不同有很扶关系因此节俭是优良传统是优势对未来发展非常有利我们要继续坚持二金融危机是调整发展的有利时机为解决暴露出的问题提供了机会金融危机对我国的冲击也暴露出我国发展中存在的一些突出问题这些问题早暴露早发现早解决对我国未来的发展是有好处的这些问题包括 1经济发展过分依赖出口近些年我国发展较快的一个重要原因就是出口的快速增加我国外汇储备的大量增加资源能源的大量消耗就反映了出口状况但由于在我国出口中中低档产品多资源性产品多因而一方面加剧了资源供需矛盾另一方面加剧了与贸易国的摩擦特别是在目前金融危机的背景下我国的主要出口对象国美国欧口日到了严重困难去年以来出口的大幅回落就反映了出口面临的严峻形势同时由于金融危机经济衰退各国发展都遇到各种各样的困难出于保护自己利益的需要各国贸易保护主义抬头出口难度增加出口的大幅下降给我国的经济造成了很大的困难而推动经济发展的动力主要是投资消费出口从我国的情况看和别国相比消费对经济的拉动明显偏低而消费的空间又比较大因此通过扩大内需来保持经济的持续快速发展是必然选择，能源资源消耗过快我国近些年发展较快的原因之一是各种资源的大量投入我国出口的很多产品是初级产品成本高技术含量低缺少知识产权利润小再加上资源利用率低因而能源资源的消耗非常大尽管我国GDP目前排名世界第三但能源资源的消耗已是世界第一近年能源资源价格的大幅上涨就反映了我国的能源资源需求而我国虽也是能源资源大国但由于人口多人均资源是很少的社会经济发展所必需的一些重要资源如土地水石油有色金属等能源资源是严重短缺为了满足需求近年我国不得不大量进口能源资源压力很大国际社会也有非议而目前的金融危机使我国经济发展速度放缓这正是调整产业结构升级产品提高能源资源利用率的大好时机 3.环境恶化严重我国在近年社会经济快速发展的同时也带来了严重的环境问题由于科学技术水平的制约由于环境保护意识的淡漠由于片面追求经济效益自然环境迅速恶化废气废水废渣随处可见掠夺式利用水矿产资源使社会生产生活环境严重恶化这样的发展是难以持续的后果是极为严重的环境的恶化不但危害我们自己而且危害邻国危害世界如果任其发展我们将难以在世界立足而在目前经济困难的情况下企业可以通过技术革新提高质量生产少而精的产品，国家可以通过政府投资治理环境这样既能解决环境问题还可拉动内需为今后的健康发展打下基础 4贫富差距过大我国近年发展产生的社会问题比较多如贫富差距地区差距城乡差距行业差距等其核心是贫富差距而且这种差距之大在世界众多国家中都是少有的在目前金融危机的背景下贫富差距的影响是很大的一部分人收入减少生活困难必然产生严重的社府民众才更能看清解决贫富差距问题的极端重要性社会更易接受一些改善民生缩小贫富差距的改革措施所以这是解决贫富差距问题的好机会，社会保障薄弱在经济快速发展时社会保障问题并不突出现在经济发展放缓民众收入减少音部分民众甚至生活困难社会保障才显现出其重要性由于我国社会保障严重滞后目前的经济困难给一部分民众的生活已造成很大影响包括像农民工大学毕业生城市低收入阶层等没有工作没有收入来源生活没有保障这就是严重的社会不安定因素而且随时可能爆发而目前国家有较强的财政实力社会保障存在的问题暴露得又很明显社会保障的措施容易被社会各方接受是是改革完善社会保障体系的大好时机三金融危机为中国发展上新台阶提供了机遇纵观各国的发展历史可以看到任何国家的发展都不是直线上升都有曲折有的甚至遇到很大的困难因此我国现在面临的问题是发展中的问题是正常的只要我们能扬长避短发挥自己的优势解决好存在的问题我们就能上新台阶在新的起点上获得更大发展 1调整发展思路国内经济建设再上新台阶前几年经济的过快发展给我国造成很大压力被迫采取多种措施降温以保持经济的持续稳定发展同时保持经济发展与其它社会发展的协调性但当时效果并不理想现在由于金融危机发展速度已经降了下来这为解决快速发展积累的问题提供了机会从我国经济发展的总体情况来看仍然属于粗放型，第一资源能源消耗量过大利用率低按目前我国的资源能源状况是难以支撑的必须提高资源能源的利用率同时调整结构发展新兴产业，第二环境问题严重我们为发展付出的沉重代价就是环境的恶化照此下去别说发展生产就是我们的生活质量都难以保证我们决不能走先污染后治理的老路只有保护好环境我们的发展才有持续性才能实现我们的发展目的，第三产品质量问题突出我们现在的生产数量确实相当大但和先进国家相比我们的产品技术含量低质量不高近年发生的一系列产品质量事故就暴露了我们的差距长此以往我们在这个竞争激烈的世界上是难以立足的因此必须利用目前的市场条件淘汰落后产能提高产品质量.第四亟需提高创新能力我们现在生产计口1ilrA女嘴品新很多付出的劳动力很多付出的代价很大但获得的收益却很少这种情况如果不改变我们将只能受人剥削替别人赚钱这些问题归结起来实质就是一个发展质量问题只有我们在这些最基础最重要的方面有了大的改变我们的发展才能上一个新台阶而现在正是提高发展质量上新台阶的有利时机，世界格局在改变是我国积极参与国际事务的好机会近些年随着我国经济的快速发展我国在世界经济中的比重迅速增加而金融危机的发生使美欧等发达国家经济出现衰退：其在国际社会的影响力也随之下降应该说金融危机正在改变世界的政治格局从历史上来看每次国际社会的动荡国际社会秩序都会发生较大的改变而目前发生的世界性金融危机一方面对我国有不利影响另一方面也为我国发挥更大的国际作用提供了机会主要是第一我国在国际社会的话语权增强了在国际社会的话语权往往是由其国家实力决定的近代以来西方国家从来没有像现在这样意识到中国不仅在国际政治舞台上而且在国际经济舞台上具有如此重要的地位在稳定国际金融局势推动刺激经济计划实施稳定国际货币体系等方面西方国家都希望中国参与西方的态度和要求对我国来说是一次提高对国际金融及经济规则的知情权参与权话语权营造有利于金融稳步开放外部环境的良好机会也是推进人民币区域化和国际化的时机我国最近提出的应创新一种超越国家主权的储备货币主张就反映了我国希望打破旧的国际金融体系增加我国在国际金融体系中的话语权第二为我国提供了获取国家利益的机会由金融危机引发的国际经济不平衡实际上是国际利益格局的一次大调整由于我国处于相对有利地位我国的财政金融体系稳健有巨额外汇储备工业化城镇化的进程正在继续劳动力成本优势依然存在所以我国完全可以利用这次调整争取尽可能大的利益例如可以利用国际初级产品价格走低的机会建立资源能源战略储备扩大对海外资源的利用.可以利用世界范围的就业不景气加快建立人才技术的战略储备可以利用境外资产价格下跌的机会开展海外并购.等等总之目前的金融危机对我们来讲有很多的发展提高机会只要我们把握好这些机会我们就能取得更大的成就	__label__neg	null	null	null	null	null
zh	N/A	N/A	National Conter for Philosophy and Sociat Sclences Documentation SPORT SCIENCE AND TECHNOLOGY Vol. 43，NO.5.2022 DOI：10.14038/j.cnki.tykj.2022.05.012 乡村振兴视域下乡村体育教师本土化发展的主体冲突及化解策略王玉意张铁雄胡慧娴 (湖南科技大学体育学院，湖南湘潭411100) The Main Conflict and Resolving Strategy of Rural PE Teachers' localization Development From the Perspective of Rural Revitalization Wang Yuyi， etal. (Hunan University of Science and Technology ，Xiang Tan 411100， Hunan， China) 摘要：乡村体育教师本土化发展，是增强乡村体育教师队伍稳定性、促进乡村教育事业发展及乡村振兴的必由之路。在乡村振兴视域下，落实乡村体育教师本土化发展具有夯实乡村教育基础、优化乡村人力资本、传承乡村文化、推动全民健身.加快体育强国建设等价值意蕴。当前我国乡村体育教师本土化发展已经取得了明显成效，但仍存在乡村体育教师身份价值偏离、数量不足、乡土情结淡薄等问题。当前，政府相关部门应加强政策倾斜，提升乡村体育教师工作条件，通过实施定向培养丰富乡村体育教师资源，通过实现文化认同增强乡村体育教师的乡村情感等，切实推进乡村教育发展，为推动乡村振兴战略和全民健身计划的全面实施提供有力支撑。关键词：体育教师；本土化发展；主体冲突；身份认同乡村教育是乡村振兴的基石，而乡村教育的发展离不开本土化的乡村教师队伍建设。乡村体育教师肩负着教书育人、乡村振兴、体育强国的重负，其本十化发展影响着乡村教育的发展。2018年中共中央、国务院印发的《乡村振兴战略规划(2018-2022年)》为乡村发展提供了理论指导，其目的就是实现乡村振兴。2021年中共中央办公厅、国务院办公厅印发的《关于加快推进乡村人才振兴的意见》指出，加强乡村教师队伍建设，精准培养本土化优秀教师。优化乡村体育教师队伍，促进乡村体育教师本土化的良性发展，是振兴乡村教育至关重要的一占，要采取有的举措让乡村休育教师“下得去、留得住、教得好”，促进乡村教师队伍的建设。基于乡村振兴视角，本研究对乡村教师本土化发展的价值意蕴、主体冲突及化解策略进行探讨，以期为乡村体育教师队伍建设提供参考。 1乡村体育教师本土化发展的价值意蕴乡村体育教师是乡村教育队伍的中坚力量，也是乡村教师队伍建设中最薄弱的一环。在乡村振兴背景下，培养乡村体育教师本土化情节，有利于乡基金项目：1.湖南省教育科学“十四五”规划2021 年度立项课题 (XJK21BTW004)；2.2021年湖南省研究生科研创新项目(CX20211026 )； 3.2020年湖南省普通高等学校课程思政建设研究项目(HNKCSZ-2020-0849)。作者简介：王玉意(1997一)，硕士生，研究方向：体育教学。村体育教师队伍的建设、更有利于乡村的建设与发展，实现乡村振兴。 1.1夯实乡村教育基础乡村体育教师的数量和质量是影响乡村学校体育的发展的重要基础。虽然我国在积极推动城乡教育一体化发展，相继出台了《乡村教师支持计划(2015-2020年)》《关于全面加强和改进新时代学校体育工作的意见》等文件，力争形成“下得去、留得住、教得好”的良好局面，但乡村体育教师仍然存在数量不足、专业水平不足等问题。然而缩小城乡教育差距，不是将城市中的体育教师单一的复制，而是将其培养成附有乡土文化气息的体育教师园。乡村体育教师本土化培养通过将本土化元素融入其培养过程中或直接培养本土人才，这样不仅可以解决乡村体育教师数量不足的问题，还可以解决乡村体育教师“留不住”的问题，从而提高乡村体育教师的留任率，拓宽体育教师来源渠道。乡村体育教师本土化培养的目标是形成一支留任率高、专业水平强、数量充足的乡村体育教师队伍。加强乡村体育教师本土化培养，有助于解决乡村体育教师留任率低、数量不足的现实困境，有利于提高乡村学校体育教学质量，从而夯实乡村教育基础。 1.2优化乡村人力资本乡村体育教师本土化培养对乡村人力资本的优化起到至关重要的作用。第一，符合乡村振兴的时代需求。乡村振兴需要适应现代化生产的新型农民作为中坚力量，广乡村体育教帅是培养新型农垦的主力军。深化乡村体育教师本土化发展，有利于教师在培养过程中更加注重学生的本土情怀的培养，这样既可增加学生的基本素养和体育意识，还可增加乡村人才的稳定性，改变以往农村人“向城性”的趋势3。第二，肩负社会责任和国家使命。乡村体育教师身处农村，他们深知自己与乡村振兴和国家复兴紧密相连。乡村体育教师的职责不仅仅是在课堂上，而是在学校、政府、家庭、社区所组成的乡村共同体中，其将以知识分子的角色参与到教学、社区治理、传播全民健身思想等一系列活动。第三，为乡村振兴造就现代农民。随着农业机械化的不断普及，农民需掌握的农业生产技能已经远远超讨以往，迫伸农民堂握基本的现代化知识和技能，而这需要社区及教师团体在实践中教会他们。除此之外，社会大整体的现代化的发展促使农民使用智能手机等现代化电子产品进行网上购物等，满足生产生活需要。 1.3传承乡村文化早在革命战争时期，中国共产党就带领工农群众参加体育活动，旨为在体育锻炼过程中增加军民感情、增强军民体质。乡村体育教师扎根于乡村，受到乡村文化的渲染，是乡主文化的传播者、维护者和创新者。教师凭借其优秀的学识和文化传播能力传承中华优秀文化。而在如今乡村文化发展缓慢的时期，需要一类人站出来将现代文明与乡土文化相结合，续写乡十文化之精彩，乡十文化不仅需要传播，更需要有人来维护和创新，而乡村体育教师正是乡土文化的维护者与创新者。乡村体育教师在本土化发展过程中融入乡村社区，利用其教师身份增强对乡土文化的认同感并维护和创新乡土文化，有利于促进乡村教育与乡土文化的融合，推动乡村文化振兴，间接促进乡村振兴同。 1.4推进农村体育健身活动乡村体育教师不仅在学校教会学生体育技能、培养学生终身体育意识，还可引导乡村群众参加体育活动、传播全民健身思相，为乡村振兴培养健康、积极的人力资本。乡村体育教师不仅是乡村学生的体育教师，更是新型农民的培育者、体育文化的传播者、全民健身的推广者、乡村振兴的参与者。 2乡村体育教师本土化发展的主体冲突 2.1乡村体育教师身份价值偏离之冲突随着社会的发展，乡村教师已不再是人们尊崇的对象，其身份价值严重偏离。第一，2009年修订的《教师法》要求，教师的平均工资水平应不低于或者高于国家公务员的平均工资水平。然而多年过去，并且在这期间这一问题不断被国家级、省级文件提及，仍然没有得到很好地落实。第二、乡村体育教师所承受的压力要远大于城市的体育教师，并且工资待遇也低于城市教师。虽然国家每个月为乡村教师提供一定的补贴，但乡村体育教师的实际开销要远高于城市教师(如交通费、饮食等)。第三，乡村体育教师不仅要在校为学生提供符合农村学生的个性化教学，还要参加农村社区的体育指导工作。第四，由于乡村学校人力有限，体育教师往往要身兼数职。最典型的案例就是，人们常常开玩笑地说“你的数学是不是体育教师教的”。乡村体育教师还要承担众多非教字仕务，例如负责字生日吊的政教工作、巡逻工作、卫生工作，以及配合政府开展的禁毒、反黑等工作。如此之多的担子压在乡村体育教师的肩上，致使其无法专注于本职工作上，也无心扎根于乡村，为乡村振兴倾其所有。 2.2乡村体育教师数量不足之冲突乡村体育教师存在数量不足，，“下不去、留不住”问题突出。陈波涌等人对湖南省乡村教师流失问题进行了调查，统计发现湖南省每年有近1.4万名乡村教师流失。经查阅资料发现，我国大部分地区特岗教师和乡村教师公开招考成功率不尽如人意，有些岗位确实招不满，基至有一些教师得知被分配到乡村后果断放弃。除了个人因素外，政策及薪资待遇也是导致乡村体育教师外流的原因，能力较强的体育教师大多希望到大城市打拼一番，部分教师因承受不了乡村学校的住宿条件及教学环墙，选择直接辞职或调离教育系统。除了存在数量不足外，乡村体育教师结构性矛盾也十分突出。第一，乡村体育教师身份结构失衡，编外体育教师的数量多于体制内教师数量。第二，年轻人不愿下乡到农村，乡村体育教师老龄化严重。第三，乡村体育教师教学任务不合理，大部分乡村体育教师要承担1-2门的课程任务。 2.3乡村体育教师乡土情结淡薄之冲突乡村体育教师作为乡村学校体育的主导者、乡村振兴的建设者，是乡村学生进入运动生涯的第一面镜子，同样也是多土文化的传承者。然而从目前现状来看，乡村体育教师存在责任意识淡薄、乡土认问感低及专业系川不理想等问题。从目身利金米看，乡村体育教师在工作中具有较严重功利化趋向。他们在工作中大多以满足个人利益为目的进行教学，有部分教师工作缺乏积极性，不求上进，甚至出现“混日子”的情况。从能力角度来看，乡村体育教师教学能力不足的情况普遍存在。因其专业能力不足，导致干法应对日常体育教学，更不用说开展体育兴趣班等课余体育活动了。从乡土情结来看，乡村体育教师的稳定性较低，大多不愿扎根于乡村。部分乡村体育教师因农村教学条件差、公共设施不齐全、薪资水平低等原因不愿到乡村任职，即使到乡村任职也只是单纯的完成支教任务，不愿扎根于乡村。除此之外，乡村本土的体育教师也不安于现状，因职称晋升难度较大、发展前途不光明而想方设法地调离乡村去城市发展。 3乡村体育教师本土化发展的化解策略 3.1加强政策倾斜，提升乡村体育教师工作条件乡村体育教师的向城性主要是因为城市公共服务设施齐全、工作条件好、工作压力小。第一，乡村振兴政策实施后，政府相关部门应加强政策倾斜，为乡村教师发展提供良好的保障。构建社会多元主体参与的社会治理模式，努力改善乡村学校环境，提高农村医疗水平，完善农村社会保障机制，为乡村教师提供良好的生活保障。第二，加强环境治理，改善农业污染，提升乡村水质，建设适合乡村体育教师工作生活的美丽乡村。乡村体育教师作为乡村的“新乡贤”，具有丰富的体育知识和文化知识，乡村社区应该与其保持紧密的联系，让其参与到乡村建设中。此外，乡村社区应积极配合学校工作促进家校联动，构建家庭一学校一社区协同育人共同体来减轻教师压力。 3.2实施定向培养，丰富乡村体育教师资源我国目前城乡教育环境差异过大，教育总体条件不均衡，尤其是乡村体育教师缺位现象严重，乡村体育教师队伍建设是乡村教育发展的堵点。利用本土生源丰富乡村教师队伍是最好的选择，因此，乡村教师从培养阶段就应该大力招收本土生源，加强定向培养计划和乡村教师支持计划，逐步提高他们的职业水平及待遇水平，使乡村体育教师能够留在乡村，扎根于乡村。定向培养任务由国家部属师范高校承担，主要向乡村教育资源薄弱地区输送优质师资，改善当地教学水平，提高师资队伍水平，推动乡村教育振兴。与定向培养相似，同样是乡村教师培养政策的还有免费师范生政策，免费师范生需要从事教育行业10年，伯其在农村工作2年后可进入城镇工作，于是免费师范生政策培养出来的教师真正留在乡村、致力于乡村教育的并不多。因此，实施定向培养，从本土化出发，制定乡村体育教师队伍建设本土培养计划，是目前丰富乡村体育教师资源最有效的方法。 3.3实现文化认同，增强乡村体育教师的乡村情感文化认同的核心是对一个区域的基本价值的认问，美化认闲处跳来人付人区项殼相神红市一精神基础。因而，文化认同是增强乡村体育教师职业认同感的重要基础，同时也是维系乡村情感最深层的基础。在乡村振兴战略背景下，作为乡村体育发展的重要主体的乡村体育教师的文化认同问题已成为振兴乡村体育最重要的“软实力”。首先，重视体育师范生的教育实践活动。体育师范生教育实践活动是联系学生毕业与入职的重要纽带，实习地点的可以选择乡村学校，除基本的体育教育实践内容以外，还包括体验乡村体育文化，参加乡村社区体育活动等。经过较长实践的体育教育实践活动，让体育师范生对干乡村留下深刻记忆，这也是地方意识的熏陶过程。其次，拓展乡村体育教育新范式。在乡村体育教师教研以及授课过程中，可添加、设计与乡村当地体育文化与教育相关的内容，如体育非物质文化遗产进校园、“一校一品”特色体育项目等。文化认同的实现必须结合当地特色，挖掘当地体育文化资源，增强乡村体育文化内涵，从而增强乡村教师职业认同感。 3.4重塑身份认同，提高乡村体育教师的职业自信在乡村振兴背景下，教师对于自身的职业自信与卫身份认同是探讨乡村教师本土化发展的内在因素。然而，社会对于乡村体育教师的认同与乡村体育教师对于社会的认同之间存在巨大距离110。因此，体育教师自身专业认同与身份认同是增强乡村振兴背景下乡村体育教师职业自信的两个因素。第一，乡村体育教师要形成对教学工作的反思，反思自身专业知识是否过硬、课堂教学安排是否合理、教学理念是否陈旧等，只有当体育教师在教学过程中形成对自身教学认知的维护并达到自律，才能达到社会对乡村体育教师的认知期望，第二·乡村体育教师对于身份的认同并非停留在教学，而是应该肩负起乡村公巷建设的执当。乡村体育教师要以主人翁的意识参与到乡村建设当中，发挥体育教师的专业素养推动全民健身、助力乡村体育振兴。乡村体育教师不仅是乡村建设的参与者，更是乡村振兴过程中的受益者，因此乡村体育教师与乡村社会发展休戚相关，乡村体育教师要扎根乡村，对自己的身份认同加以肯定，提高自身的职业自信。 4结语乡村振兴是缩小城乡差距的重要举措之一，而体育教师木十化发展也是缩小城乡教育差距的重要举措。随着新时代的到来，我国乡村教育事业发生了翻天覆地的变化，乡村体育教师也面临着新的历史挑战。在乡村振兴背景下，提升乡村体育教师工作条件、主富乡村体育教师瓷源、增强乡村体育教师的乡村情感，有利于夯实乡村教育基础、提高乡村教师队伍的稳定性和职业能力。良好乡村体育教师力量可为全民健身、体育强国建设以及乡村振兴等国家级战略提供良好的人力保障。参考文献 \[1\]新华社.中共中央办公厅国务院办公厅印发《关于加快推进乡村人才振兴的意见》 \[EB/OL\].http： //www.gov.cn/zhengce/2021-02/23/content \_ 5588496.htm. \[2\]罗生全，李越.城乡融合背景下乡村教师发展的政策重构\[J\].现代教育管理，2021(2)： 93-98. \[3\]姚岩，郑新蓉.走向文化自觉：新生代乡村教师的离农化困境及其应对 \[J\].中小学管理，2019(2)：12-15. \[4\]王猛，渠彦超.中国共产党百年体育思想的历史演进、理论内涵与重要价值\[J\].体育与科学，2021，42(4)：1-7. \[5\]吴云鹏.乡村振兴视野下乡村教师专业发展的困境与突围\[J\].华南师范大学学报：社会科学版，2021(1)：81-89.\[6\]彭泽平，黄媛玲.乡村振兴战略视域下乡村教师本土化培养：内涵、价值与实践路径\[J\].现代教育管理，2021(8)：65-70. (下转第131页) 第一，在课程实施过程中，教师要依据培养目标整体规划学习内容，教学单元设计是这一行动的基本指南201。教学单元设计内容不仅要体现学科核心素养的要求，还要融入中华优秀传统文化的内容。单元整体，学用互融，让学生在课堂上深刻理解和体会中华民族传统文化的魅力。第二，要想实现体育学科的核心素养要求，就意味着要改变传统的体育教师独享课堂决策权的状况，而转变的关键是赋权于学生。让学生在决策的过程中做出个性化的行动，培养学生自主、合作、探究学习能力的愿景。以学生为中心，培养学生的自主学习能力，让学生快乐学习是开展民族民间体育教学的重要手段。培养学生的主体意识，让学生在娱乐中学习和锻炼并形成技能，在快乐练习中传承中华民族传统文化。改变“教”与“学”的模式，是传统体育项目教学面临的挑战。第三，贯彻以优秀的中华传统文化为内容体现体育学科核心素养，需要教师具备良好的学科理解能力和教学创新能力，加强体育教师核心素养教育体系研究，提升体育教师教育质量。教师的教学能力和专业技术水平面临挑战。目前，坚持练习传统项目如九子游戏的人才相对较少，受到学历等多方面因素的影响，具有专业技术的人不一定能进入到教师队伍，进入教师队伍的对这些传统体育项目练习的较少，在实践教学中将面临较大的困难和挑战。 5结语无论是学科核心素养理论的提出，还是中华优秀传统文化内容的融入，其目的都在于让学生学会一门运动技能，养成运动锻炼的习惯，提高学生的体质健康水平，从而促进学生的全面发展。中华射艺、中华武术以及九子游戏等项目虽然弱化了体育竞技性，但能够体现“文明其精神，强健其体魄”，突出大众参与性和文明性的特点，适合成为个人的终身运动项目。将这些传统项目融入体育课堂，不仅符合党和国家的政策要求，也能满足体育学科核心素养的需要，可谓一举两得。参考文献 \[1\]教育部.教育部关于全面深化课程改革落实立德树人根本任务的意见\[EB/OL\].http：//www. moe. gov. cn/srcsite/A 26/jcj\_kcjcgh/201404/t20140408\_167226. html?pphlngln ohdbaiek. \[2\]国务院新闻办公室..《中国学生发展核心素养》发布\[EB/OL\].http：//www.scio. gov.cn/37236/37262/Document/16 (上接第128页) \[7\]陈波涌，李婷.如何稳定乡村教师队伍：基于对H省39470名乡村教师的调研\[J\].湖南师范大学教育科学学报，2021，20(4)：75-82. \[8\]孔养涛.乡村振兴战略中乡村教师队伍的本土化建设\[J\].教学与管理，2020(12)：55-58. 02754/1602754.htm. \[3\]新华社.中共中央办公厅国务院办公厅印发《关于深化教育体制机制改革的意见》 \[EB/OL\].http： //www.gov.cn/xinwen/2017-09/24/content 5227267.shtml. \[4\]教育部.教育部关于印发《完善中华优秀传统文化教育指导纲要》的通知\[EB/OL\].http：//www.moe. gov. cn/srcsite/A13/s7061/201403/t20140328 166543.html. \[5\]中共中央办公厅、国务院办公厅.《关于实施中华优秀传统文化传承发展工程的意见》\[N\].人民日报，2017-01-26(06). \[6\]新华网.实录：习近平总书记在党的十九大的报告\[EB/0L\].http：//news. youth. cn/sz/201710/t2017101810888424 2.htm. \[7\]张娜.DeSeCo 项目关于核心素养的研究及启示\[J\].教育科学研究，2013(10)：39-45. \[8\]刘义民.国外核心素养研究及启示\[J\].天津师范大学学报：基础教育版，2016，17(2)： 71-76. \[9\]辛涛，姜宇，林崇德，等.论学生发展核心素养的内涵特征及框架定位\[J\].中国教育学刊，2016(6)：3-7. \[10\]《中国学生发展核心素养》总体框架正式发布\[N\].天津教育报，2016-09-14. \[11\]尚力沛，程传银.核心素养、体育核心素养与体育学科核心素养：概念、构成及关系\[J\].体育文化导刊，2017(10)：130-134. \[12\]叶澜.教育概论\[M\].北京：人民教育出版社，1999. \[13\]蔡小井.基于核心素养的高中学生体育文化意识培养\[J\].田径，2018(1)：4-5. \[14\]于素梅.中国学生体育学科核心素养框架体系建构\[J\].体育学刊，2017，24(4)：5-9. \[15\]胡曼玲.追求体育学科核心素养的真实课堂：兼评夏露执教的“技巧：肩肘倒立”一课\[J\].江苏教育，2016(7)：148-150. \[16\]赵凤霞，程传银，张新辉，等.体育核心素养模型构建研究\[J\].体育文化导刊，2017(1)：154-159. \[17\]戴国斌.中国武术研究报告 No.1\[M\].北京.社会科学文献出版社，2017. \[18\]顾秀华，平越.沪上弄堂游戏的过去、现在与将来\[J\].体育文化导刊，2009(11)：30-32. \[19\]李永莉.弄堂游戏在上海学校体育教学活动中的实施\[J\].体育科研， 2013， 34(4)：96-99. \[20\]郝晓亮，季浏.体育课堂决策的演进：“集权”到“赋权”：基于培养学生多种学习能力的愿景\[J\].西安体育学院学报，2017，34(4)：509-512. \[21\]何劲鹏.卓越体育教师核心素养的内涵及实践探索\[J\].体育学刊，2017，24(2)：91-95. \[22\]姜勇，潘旭.基于核心素养的中小学生体育道德评价指标模型构建\[J\].南京体育学院学报，2021，20(5)：60-6 8+2. \[9\]刘丹丹，唐松林.论城乡教师知识权力的不对称性：支配与依附\[J\].当代教育论坛，2014(4)：55-63. \[10\]王勇.试析文化冲突背景下乡村教师的身份认同危机\[J\].教育探索，2013(2)：88-90. \[11\]付光槐.论教师教学敏感的内涵、结构及其生成路径\[J\].中国教育学刊，2018(10)：82-86.	__label__neg	null	null	null	null	null
zh	N/A	N/A	“五支队伍”显担当 \-吉林省政协全力参与疫情防控工作文◎徐高峰、么不久，面对突如其来的新冠肺炎疫情，吉林前省政协发挥“五支队伍”作用，全力参与疫情防控工作。吉林省政协把打赢疫情防控阻击战作为最大的政治任务和头等大事，向险而行、迎难而上，发扬特别能吃苦、特别能战斗的精神，以实际行动展现了新时代人民政协的责任担当和抗疫风采。一、政协领导包保队：率先垂范，下沉一线督导。按照中共吉林省委统一部署，省政协主席会议成员先后负责包保市州和长春市县区。3月18日起，省政协主席、 5月12日，车辆在长春市人民大街上行驶。5月13日吉林省卫生健康委发布，5月12日0-24时，全省无新增本土确诊病例和无症状感染者。 (新华社记者张楠/摄) 党组《关于省政协疫情防控工作情况的报告》上，省委书记景俊海批示：“省委对政协班子每一位成员的表现是满意的，充分肯定的”，并批转各省级领导同志阅，对所提出问题要求省委省政府相关部门研究采纳。二、机关干部突击队：闻令而行，开展志愿服务。疫情突如其来，政协机关干部主动请缨，蹦跃参加下沉社区志愿服务。政协机关36名干部组建通顺、松竹梅、文庙、春园4支社区志愿者突击队，成立临时党支部，并由厅处级干部为临时党支部书记和突击队负责人。在4个社区有大量居民感染的情况下，突击队服务没有退缩，全面投入到核酸检测、卡点值班、开展“敲门行动”“扫地行动”等工作任务中，让党旗在抗疫一线高高飘扬。同时，针对居民情绪烦躁、先期各项工作组织不到位等问题，突击队有针对地提出服务社区的20条建议，并被全部采纳。疫情期间，突击队员下沉社区500多人次，协助开展全员核酸检测1万多户、3万多人，入户核酸检测和配送物资400多次，工作时长累计超过2200小时。在长春市实行全域静态管理后，先后有127名政协机关干部就地就近开展志愿服务，6名厅处级干部加入长春高新区指挥部充实指挥作战力量。政协机关干部突击队用鲜明的“志愿红”，汇聚起同心抗疫的政协力量。三、防控专班保障队：同心协力，服务政务运转。为做好省政协机关疫情防控工作，省政协成立了以省政协秘书长为组长、办公厅主任和副主任为副组长的特殊防控时期工作专班。专班下设政务综合保障组、安全保卫组、后勤保障组，各负其责，分工协作，形成合成作战、扁平化工作机制。专班进驻机关后，立即制定防疫工作方案和预案，使每一名专班工作人员明晰政策要求、处置程序和工作方法。从组织机构、闭环管理、核酸检测、环境消杀、文件取送、住宿就餐、垃圾处理、车辆出入、防疫物资保障等方面，从严从细从实抓好疫情防控工作，确保政协机关各项政务工作有序推进。。专班同志无论是正式职工还是后勤物业人员，舍小家为大家，克服了家中有患病老人、有襁褓中的婴儿、有爱人分娩等诸多困难，用“我是党员我先上”我是退伍军人我先上”我年轻我先上”的誓言和行动弘扬了伟大抗疫精神。经过专班全体人员的共同努力，实现了办公区域零感染的目标，省政协机关被评为首批省直“无疫机关”。四、第一书记工作队：统筹兼顾，防疫春耕两不误。疫情暴发以来，省政协驻公主岭市怀德镇三里堡子村、农安县农安镇长安村、珲春市板石镇孟岭村的三个乡村振兴驻村工作队，既是指挥员更是服务员，在统筹协调做好疫情防控工作的同时，积极推进复产复耕，乡村振兴工作有序开展。驻三里堡子村工作队以“防疫不失控、春耕不失时”为目标，利用“三级网格长”做好全村人员管理，结合春耕备耕实际，提出“家庭合作、屯内协作、村内轮作”的生产建议，全村耕地365公顷全部按时种植完毕。驻长安村第一书记作为临时指挥员、战斗员、宣传员，画出比对每个村民小组的实际人口和来做核酸的人数的“趋势图”，切实做到“应检尽检”，同时协调解决种养殖户销售困难，挽回因误农时的损失。驻孟岭村工作队，在引导群众在做好自我防范的同时，抢抓农时开展耕田、播种作业，全村实现备耕土地约300公顷，确保守护百姓“米袋子”，守住村民“钱袋子”。五、政协委员行动队：众志成城，履职尽责显担当。疫情发生后，省政协第一时间向政协各参加单位和全体委员发出《致全体省政协委员的倡议书》。广大政协委员积极响应，立足岗位，以实际行动展现了为国履职、为民尽责的“硬核”力量。医药界委员坚守抗疫一线，其他界别委员也都主动作为，冲锋在前，尽己所能助力疫情防控。委员们围绕疫情防控、精准救治、物资供应、经济恢复，撰写提交了《关于加强全员核酸检测管理工作的建议》《关于加强农村备春耕的建议》等提案44件、社情民意信息277篇。省政协建立提案工作应急机制和“快速通道”，设立疫情社情民意信息专刊，委员各承办单位按照特事特办、急事快办、要事合办的原则，积极采纳并及时落实。委员们还奉献爱心，慷慨解囊。截至4月底，住吉全国政协委员通过各种渠道累计捐款捐物1807万元，省政协委员累计捐款捐物2752万元。同时，6家委员所在人参企业捐赠物资价值4000万元，推动中医药在全省抗疫中发挥了独特作用。协 (作者：吉林省政协办公厅副主任)	__label__neg	null	null	null	null	null
zh	N/A	N/A	发达国家政府科研项目完全成本资助政策研究周科朝湛毅青' 王晓璐2 (1中南大学、湖南长沙 _少_ 410083；2中南大学商学院，湖南长沙 _410083)_ 摘要：高校科研项目完全成本补偿问题直接关系到高校事业的可持续发展。美国、英国、欧盟政府等发达国家关于政府科研项目均程度不等地实行完全成本的资助政策。综合分析科研项目完全成本构成及计算的理论发现，从科研直接成本中支付在职研究人员科研工资的思想已在越来越多的发达国家和区域实施，对科研间接成本的补偿也经历了从无到有，逐步加大的发展过程。发达国家对于科研项目完全成本补偿的认识，理论研究和资助政策改革值得我国学习和借鉴。关键词： _：_ 发达国家高校政府科研项目完全成本资助政策随着科技创新能力的国际竞争日益加剧，一些发达国家大幅增加了对研发经费的投人。作为科技创新的主力军，高校承担了大量国家科研项目的研究工作，科研项目资助政策的科学性由此也引起了政府和高校双方的共同关注。从上世纪床开始，科研项只完全成本的计算及资助政策研究成为发达国家从政府到高校的重点研究课题，其日的旨在从财务管理的角度保证高校事业可持续发展，在高校投资来源多元化环境下增加受托责任履行情况报告的透明度，以及在高校招生规模扩大政府拨款相对不足的情况下加强成本管理。为提高科技创新能力，我国政府近年来也人幅增加了科技投人，但由于缺乏相关研究，政府对高校科研项目资助政策的科学性引起了部分大学，特别是研究型大学的质疑。研究国外高校科研项目完全成本资助政策，对于改革和完善我国现行的科研项目资助政策具有重要的现实意义，也是高校落实科学发展观、促进高校各项事业科学发展的战略需求。科研项目完全成本资助政策及其特点科研项目成本依据成本的可追溯性分为直接成本和间接成本。完成科研项目所需要的专用设备购置费、材料消耗费、资料费等，以及参与课题研究的研究生和外聘人员的人工费，均是政府科研项日直接成本拨款的重要支出费用。各国政府资助政策的区别主要体现在科研直接成本中在职人员与投人科研项目时间相对应的工资薪金(简称科研工资)以及科研间接成本的资助政策和补偿渠道的不同。从项目资助政策看，既资助工资薪金义资助间接成本的政府主要有美国、英国、新西兰、欧盟等，但资助程度各不相同。美国政府按照《A 21通告》规定的成本构成要素补偿科研项目完全成本，直接成本支出中人员经费约古2/3；高校平均的科研间接成本率在过去十年间基本维持在51%左右，其中私立大学平均高于公立大学约10个百分点，实际补偿的科研间接成本约占科研项目总拨款的25%。英国政府支付的直接成本过去一直不包括项目负责人科研工资，问接成本按直接成本中其他人员工资薪金的46%支付。2005年改为按照完全经济成本(fFC)资助科研项目后，英国政府当年开始按照fEC的80%资助，2011年将逐步提高到100%。2006、2007年度研究委员会支付的科研项目拨款中，设施与管理成本约占总拨款的40%。尽管美国补偿模式和改革前英国的补偿模式不同，但Robert M. May 等在 Nature杂志发表的文章中对两国补偿数据的粗略估算发现，美国高校平均50%~60%的间接成本率同口径对应英国的比例应在37%-60%之间，而英国当时的比例规定是46%，正好处十该范围中间位置。从改革后英国的补偿程度看，英国政府对高校间接成本的实际补偿明显高于美国。新西兰政府的研究、科学和技术部部长2003年初就通告科研项目购买机构(即资助机构)、大学及其他利益相关者，要求购买机构按照完全成本购买大学科研项目，科研项目直接人工包含参与研究的所有研究人员的工资和福利，间接成本按照直接人工的一定比例补偿，补偿的间接成本占科研人工的比例一般在110%~127%之间。欧洲委员会的第七期科研架构计划 (FP7， 2007一2013)规定对其资助高校及其他非营利组织的科研项目按照项目完全成本的75%支付项目经费；对于未建立完全成本模型的大学，则按照直接成本减去外拨经费后的60%设定间接成本，然后按两者之和的75%支付项目经费\[即：(直接成本+(直接成本-外拨经费)×60%)×75%\]，其中，直接成本包括大学在职研究人员的工资薪金。欧洲委员会规定，从2010年开始，间接成本的比例将降到40%，该规定促使欧盟成员国高校纷纷开始研发完全成本计算模型。部分政府在科研项目资助中不补偿科研工资，只部分补偿科研间接成本，如加拿大、澳大利亚。加拿大政府支付的项目直接人工仅包含科研助手(如：外聘人员、研究生等)的工资津贴；政府根据大学最近三年从三个拔款机构获得科研拨款的平均份额拨付间接成本，补偿金额为直接成本的25%左右，大约为大学期望值的60%，加拿大大学协会及大学长期以来一直呼吁政府逐步加大对间接成本的补偿，希望达到直接成本的40%。澳大利亚政府用基本条件拨款补偿竞争性拨款的间接成本，间接成本按照大学最近两年获得政府竞争性科研拨款的份额分配，但二者均未包含项目主要负责人和合作负责人工资。据澳大利亚一流研究型大学联盟8校集团估计，联邦政府的竞争性拨款只拨付了项目直接成本的70%，间接成本大约是竞争性拨款的25%。他们认为间接成本应达到竞争性拨款的50%~60%，才能充分补偿项目相关的间接成本。从资助模式看，部分国家和区域通过“双重资助体系(DSS)”补偿大学的科研项目和科研基础条件，例如英国、澳大利亚、我国香港特别行政区政府。英国政府虽然采取DSS方式资助大学科研，但其科研项目拔款中本身就含工资及项目相关间接成本，与基础条件拨款一起实际构成了对科研人力物力的双重资助。澳大利亚政府虽然也采取DSS模式，但支付的用于基础条件的一揽子拨款占科研总拨款的比例逐年缩小，2006年为59%，比5年前降低了约12个百分点。香港特别行政区政府通过整体补助金资助与科研有关的基本设施、职员人工和其他间接成本开支，由于整体补助金多年来一直超过大学科研经费总额的70%，故特区政府资助的科研项目拨款中不再包含在职人员科研工资成本以及间接成本。以上国家和区域科研项目完全成本资助情况详见表1。由于高校承担的科研项目主要来源于政府，政府科研项目是否按照完全成本补偿对非政府资助者具有重要的示范作用。因此，发达国家对高校科研项目完全成本计算以及资助政策研究均以政府科研项目为主，对于横向项目则根据项目特点参照纵向项目提出相应的定价及资助建议。表1：发达国家和地区政府科研项目完全成本资助政策对比 \| 国家或区域 \| 科研间接成本补偿 \| \| 科研间接成本支付方式 \| 科研间接成本平均补偿程度 \| 直接成本构成特点 \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 国家或区域 \| 方法 \| 应用 \| 科研间接成本支付方式 \| 科研间接成本平均补偿程度 \| 直接成本构成特点 \| \| 美国 \| 间接成本率 \| MTDCx间接成本率 \| 与直接成本捆绑拨付 \| 项目总拨款的25% \| 含研究人员科研工资、非研宄人员全时科研工资 \| \| 英国 \| 人均费用标准 \| FTEs X人均费用标准 \| 与直接成本捆绑拨付 \| 项目总拨款的40% \| 含研究人员科研工资 \| \| 英国 \| 绩效拨款 \| 与科研水平挂钩 \| 与项目经费分别拨付 \| 占 DSS的59% \| 与科研人员规模相关 \| \| 加拿大 \| 绩效拨款 \| 最近三年从三个拨款机构获得科研拨款的份额 \| 与项目经费分别拨付 \| 直接成本的25% \| 不含科研工资 \| \| 澳大利亚 \| 绩效拔款 \| 最近两年获得澳大利亚政府资助的竞争性科研拔款的份额 \| 与项目经费分别拨付 \| 直接成本的25% \| 不含科研工资 \| \| 新西兰 \| 间接成本率 \| 科研人工×间接成本率 \| 与直接成本捆绑拨付 \| 科研人工的110%~127% \| 含研究人员科研工资 \| \| 欧盟政府 \| 间接成本率 \| MTDCx间接成本率 \| 与直接成本捆绑拨付 \| 修正直接成本的60% \| 含研宄人员科研工资 \| \| 香港特别行政区 \| 绩效拨款 \| 与科研水平挂钩 \| 与项目经费分别拨付 \| \>高校科研总收入的70% \| 不含科研工资 \| _2_ 科研项目完全成本构成及计算的理论基础制定科学的科研项目资助政策，必须建立在对科研项目完全成本构成进行科学研究的基础上。从文献检索的情况看，对高校科研项目资助政策的理论依据的研究主要集中在美国、英国、欧盟政府等科技投入大的发达国家或区域。 2.1关于高校科研项目完全成本计算模型由于直接成本中的材料、设备、资料费等具有明确的可追溯性，因而科研项目完全成本计算的关键在于共享成本的分摊，即：人工成本和间接成本的分配和分摊，目前最具代表性的两种分摊方法分别采用传统成本法和作业成本法 (Activity Based Costing：ABC)。传统成本法在成本和最终成本对象之间采用单一的数量基础进行分配，采用这种模型的主要以美国为代表。美国政府规定的直接成本中的人工费按照科研人员的投入时间确定，包括研究人员科研全时工资和折算工资，全时投人项目的管理职员的工资也纳人直接成本范畴，管理职员的折算工资则纳入间接成本支付。间接成本分为设施占用成本和综合管理成本，政府按照科研间接成本率补偿大学间接成本，科研间接成本率根据大学上年的实际发生成本计算，其计算公式如下：修正的科研总直接成本(MTDC) 是总直接成本易除部分费用后的直接成本。传统成本法主要体现在“允许的科研总间接成本”的获取过程，该过程简单地将两类间接成本分为8个成本池，并将每个成本池按--个分配基础分配给科研活动。为规范计算模型，美国政府引人了美国成本会计标准委员会制定的四个成本会计标准，以规范成本分配的一致性、预算及报告的一致性等。采用ABC 方法的主要以英国为代表。按照 ABC原理中产品(成本对象)消耗作业、作业消耗资源的思想，英国成本定价联合指导小组(JCPSG)研究的透明成本计算法(TRAC)通过成本动因将支持成本先归集到学术部门，再归集到大学教学、科研等核心功能。一个项目的fEC由直接发生成本、直接分配成本及间接成本构成，研究人员全时科研工资纳人项目直接发生成本，折算科研工资、设施占用均被纳入直接分配成本中，此处的间接成本只含大学综合管理费用。设施占用和间接成本根据预先计算的费用标准以及折算的全时科研人数分摊。由于美国政府的宗旨是政府科研经费不得补贴其他活动，故其计算过程呈现出浓厚的管理特色，如：不允许费用的规定.综合管理成本26%上限限制等，实际上并未完全补偿大学科研间接成本。英国的模型是在前期分析科研项目成本补偿不足的背景下研制的，首要目的是保证大学科研可持续发展，故其计算过程木剔除任何费用，相反，对固定资产及资本均进行了增值调整，较好地反映了对项目完全成本的补偿。其他国家的计算模型主要借鉴美、英的方式，是结合了所在国实际的一种变体。例如新西兰政府规定的间接成本分摊方法借鉴了美国的模型，通过间接成本率补偿，但科研间接成本率等于科研总间接成本占科研人工而非MTDC的比例；荷兰的大学2008 年1月开始使用完全成本计算模型，其计算模型主要借鉴了英国的方式；爱尔兰大学协会与其高等教育局联合于2008年开始实施的完全成本计算模型也借鉴了英国的方式。 2.2关于高校完全成本计算模型发展趋势由于与传统成本法比较，作业及成本动因的引人使成本分配结果比传统成本法更能精确反映成本对象对成本的消耗，因而采用ABC原理进行与完全成本计算相关的间接成本分配被广泛研究与应用。最早将ABC法应用于高校是在80年代末，有学者认为高校在生产一系列产品，这些产品必须在竞争市场上进行销售，如果价格定得太高可能会输给竞争对手，如果价格定得太低又可能会出现亏损，因此需要给每项活动合理定价。其后， ABC在高校的应用研究全面铺开，有的探索可行性，有的对ABC应用中有关技术进行研究，还有的用于加强成本管理，如：从校、院、系各级战略日标人手，探索了将ABC应用于堪萨斯州立大学预算分配的方法。尽管ABC方法在实际应用中存在模型开发成本过高等问题，但由于分摊结果更符合实际耗费，已设计完全成本计算模型的大部分大学均将ABC 方法看成合理分摊间接成本的有效工具，因此，引入ABC方法是大学设计完全成本计算模型的发展趋势。据1994年秋季对英国大学使用ABC方法的调研发现.回复问卷的大学中有20%使用ABC方法计算成本，有55.4%的学校计划在不久的将来引入ABC方法计算成本。美国OMB财务管理部负责人早在1998年就提出要引入ABC方法计算科研活动应分摊的间接成本；面2008年对美国各州高等教育成本研究的调查发现，有一半的州进行了成本研究，其中47.27%采用 ABC方法，所使用的成本动因主要有：学生人数、空间占用面积、教师人数、收人、费用等。从未来趋势看，政府的要求和导向将使ABC方法在高校的应用面进一步扩大。英国政府2005年开始启用的fEC计算模型就是基于ABC方法的，要求所有英国高校均使用该模型计算各白的完全成本；欧盟大学协会在其2008年的研究报告“财务可持续发展的大学针对欧洲大学完全成本计算”中，对欧盟国家研究完全成本的方法进行了归纳总结，提出了用ABC方法计算完全成本的指导思路，并通过降低项目补偿额迫使高校研究完全成本计算模型。 3 科研项目完全成本资助政策发展趋势及评述从以上发达国家和区域的资助政策看，从科研直接成本中支付在职研究人员科研工资的思想已逐步被认识和接受。有的国家已调整政策由原来不支付科研工资到支付科研工资，如：英国、欧盟政府。尚未补偿或者补偿不足的国家的高校则通过分析弊端，不断对政府提出补偿要求，例如：加拿大学者在比较分析加拿大和美国科研成本资助结构后发现，获得一项政府科研项旧资助，对美国高校而言意味着项目负责人的部分工资有了出处，而对加拿大高校而言则意味着不仅项目负责人要减少教学投入时间，学校还要从口常经费中支付对应的工资，澳大利亚8校集团建议，政府应注入新资金支付项目负责人T资，使政府竞争性拨款机构的操作与美国、英国保持致；新西兰学者建议原本支付科研工资的政府机构应继续支付，不支付的则应支付该部分工资，以便研究人员能够减少教学及其他工作负荷，“实出”相应时间来完成科研工作。对于直接支付管理职员全时和折算科研工资的思想，除美国已部分实施外，其他国家尚术考虑。尽管美国政府从直接成本中支付科研工资的力度最人， Arthur Bienenstock以斯坦福大学为例，说明《AA21通告》禁止将科研秘书和行政人员按投人项目时间折算的工资作为直接成本补偿的规定不合理，该规定使得研究人员不得不投人时间进行与研究无关的工作。除美国以外，其他国家一般是在大学科研任务加重，科研活动与教学活动“争”资源并危及教学质量和未来科技创新能力的情况下，才逐渐认识到充分补偿科研间接成本的作用。因此，对科研间接成本的补偿经历了从无到有、逐步加大的发展过程，例如：2001年前，加拿大联邦政府对科研项日不提供间接成本补偿，2001~2002年度开始提供一次性科研间接成本拨款，2003年开始将其作为·项长期项目设立。对间接成本的补偿程度也从一个侧面反映了各国政府对该问题的研究程度和认识过程。从科研工资补偿渠道看，无论是研究还是管理人员，将科研工资纳入直接成本，将有利于项目负责人调集校内人力资源，为他们“买出”相应的时间投人科研项目的研究和管理，确保科研项目的完成质量；有助于科学划分科研和教学的人工成本，保证大学教学、科研活动收支配比，更好地履行受托经济责任。在该模式下，科研项月负责人可根据项目需要自主聘用有效人员，结项后即行解聘，有助于推进科研人力资源的有效配置及合理流动。从间接成本补偿模式看，政府管理部门均将间接成本补偿建立在直接成本基础之上，或者依据事先计算的比例或标准，或者采取绩效拨款或一揽子拨款的方式分摊高校科研间接成本，多样化的资助模式带来政府资金使用效益的最大化；从拨付方式看，有的采取与直接成本捆绑拨付，有的分别由不同部门拨付，但无论采取何种方式，这种“额外”的补偿对大学均具有较人的激励作用。政府支付高校合适份额的科研河接成本，不仅维护了设施条件和管理体系，保证了科研事业可持续发展所必须的科研基础条件，而且作为一种激励机制，可调动高校承担国家课题的积极性，为科技创新做出更大贡献，从而带来远高于政府支付的间接成本的不可估量的回报。 (国家自然科学基金资助项目，项目编号70973146) 参考文献： \[1\] Office of Management and Budget(OMB). CIRCULAR NO. A-21. Cost Principles for Educational Institutions\[S\]. The Execu tive Office of the President， U.S. Reviscd May 10， 2004. \[2009-02-11\]. http：//www.whitehouse.gov/omb/circulars/a02 1/a21 \_ 2004.aspx. \[2\] Charles A. Goldman， Traci Williams， David Adamson， Kathy Rosenblatt. Paying for Research Facililies and Administralion\[R\]. RAND corpration， 2000：17~20. \[3\] Gareth MacDonald. Quality Assurance for funding research at full economic costs： a UK.1Perspective \[R\]. Research Coun cils UK. \[2009-02-12\]. http：//www.nsf.gov/oig/liverpool \_ 2008/21 \_ Gareth \_ MacDonald.pdf. \[4\] Robert M. May and Stuart S. Sarson. Revealing the Hidden Costs of Research\[J\]. Nature， 8 April， 1999(198)：457-459. \[5\] Hon Pete Hodgson. Principles Of Full-Cost Funding Document\|EB/OL\]. 7 Jan. 2003. Minister of Research， Science and Technology. \[2009-02-15\]， http：//www.otago.ac.nz/research/ pdfs/principlesfullcostfunding.pdf. \[6\] Sluart McCutcheon. New Zealand's Approach to Supporting Research Overheads (and fully funding research) \[R/OL\]. The Universily of Auckland. \[2009-02-15\]. http：//www.go8. edu.au/storage/events/2008/costs \_ compacts \_ presentations/14July/Stuart \_ McCutcheon \_ University \_ Auckland.ppt. \[7 EU Sevenih Rescarch Framework Programme FP7.Guidance Note No. 1. Project Costing and Reimbursement Rates\[EB/OLJ. \[200902-17\].http：//www.campus.manchester.ac.uk/medialibrary/researchoffice/eu-fp7.pdf. \[8\] Association of Universities and Colleges of Canada (AUCC). Inslitutional Costs of Research {EB/OL\]. Rev. Jan.16，2009，\[2009 02-11\]. http：//www.aucc.ca/ \_ pdf/english/reports/2009/indirect \_ costs \_ fact \_ sheet e.pdf. \[9\] The Group of Eight Limited. ADDING TO AUSTRALIA'S CAPACITY： THE ROLE OF RESEARCH UNIVERSITIES IN INNOVATION\[R\]. A submission from the Group of Eight to the Review of the National Innovation System. 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zh	N/A	N/A	根据线索隐蔽度等级设计物理真实情境习题的尝试￥林辉庆 (杭州市余杭高级中学，浙江杭州 _311100)_ 摘要：真实情境问题具有综合性、复杂性和开放性的特征.在真实情境习题的设计中，教师可以从综合性、复杂性和开放性三个方面出发，根据线索隐蔽度等级将真实情境设计成不同层次的习题，提升学生相应的物理学科核心素养. 关键词：真实情境习题；线索隐蔽度；核心素养水平《普通高中物理课程标准(2017年版2020年修订)》在“教学建议”中指出：“应把物理课程中所形成的物理观念和科学思维用于分析、解决生产生活中的问题，在解决问题中进一步提高探究能力、增强实践意识、养成科学态度，促进物理学科核心素养的形成.”生产生活中的问题情境是真实的未被加工的题材，如何将其加工成适应不同学习阶段或具有不同物理学科核心素养发展水平的学生的习题，是一线教师需要研究的重要课题. 一、真实情境问题的主要特征真实情境问题有三个主要特征，那就是综合性、复杂性和开放性. (一)综合性综合性指真实问题情境中总是包含着很多紧密联系和相互影响的部分和现象，涉及多方面的学科知识甚至多个学科知识.要解决问题，就需要从众多的情境因素中识别出一个恰当的由若干因素相互联系构成的物理模式.如“摇绳发电”的情境：把长度20~25 m的导线连接在一个灵敏电流表的两个接线柱上，形成闭合回路.两人如图1那样摇动导线，灵敏电流国家省孑社会科学学术期刊数据库表的指针左右晃动.要求研究指针偏角最大时的读数是否等于电路中实际的最大电流. 图11摇绳发电这个问题情境除了文字描述和图片给出的信息，还联系着众多隐含的相关因素.如实验所在地的地磁场、导线的导电性、灵敏电流表的结构、两个人之间的距离、被摇动导线的长度、摇动导线的快慢等因素.要研究本问题，必须在这些相互联系的众多现象和因素中识别出如下模式：人摇动导线产生交变电动势，在闭合回路中产生交变电流；灵敏电流表的线圈受周期性的安培力、螺旋弹簧的弹力和阻力作用做受迫振动. (二)复杂性复杂性是指真实发生的事物除受到能识别、可量度的因素影响外，还会受到一些能识别但无法准确描述的因素和许多不能识别的因素影响，导致现象和过程具有一定的模糊性、不规则性.在摇绳发电的情境中，由于手运动的不稳定性和空气流动等因素的影响，导线的转动不可能匀速，被转动部分导线的形状也会发生不规则的变化；手与灵敏电流表之间的导线不规则运动会影响电路中的电流；两人站立的方位与地磁场方向间的关系无法准确测定，会影响最大电流的计算等.面对复杂的事物，科学的处理方法是忽略次要因素，保留主要因素，建立理想化模型.忽略被摇动部分导线转动的不稳定性和形状的不规则变化，忽略手与灵敏电流表之间导线的运动产生的感应电动势，认为两人的连线与地磁场垂直，这样，被摇动的导线就是一个理想的交流发电机.用这个模型就能在一定的误差范围内计算出闭合回路中电流的最大值. (三)开放性开放性是指真实情境问题中，有些相关因素的数值并未明确已知，在一定范围内都是合理的；情境所提供的信息对解决问题不一定是刚好的，可能有多余，需要选择，也可能不够，需要学生自己寻找；待求解的问题可能不是很明确，而只有一些基本要求或只有一些方向性的说明，甚至需要学生自己提出问题.如上各点又决定了问题可能没有事先确定的标准的解决方案和答案，只要证据可靠、推理正确且符合问题要求都是可以接受的.例如，摇绳发电问题中，一些必要的物理量需要学生自己查找或测量，尤其是，与导线弯曲形状有关的“交流发电机线圈”的面积S，需要设计巧妙的方法测量.当发现电流表的最大读数与实际的最大电流不一致后，学生还必然会提出“为什么?”的问题，也可能会提出“不一致的程度与哪些因素有关?”的问题.开放性就是不确定性，开放性问题的解决，需要学生运用发散思维与创新思维搜寻、选择证据，构建、筛选解决方案，评估问题解决过程和结果. 二、真实情境习题的线索隐蔽度及其等级划分 (一)真实情境习题的线索隐蔽度教学中以自然界和生产生活中真实存在的现象为题材的习题，叫真实情境习题.真实情境习题是命题者对真实现象的信息经过筛选、简化、组织等方式加工后用文字、图形、图像或数据表格等形式呈现的.由于命题者的加工活动，以及文字、图形等表达方式本身的局限，习题情境相对于真实情境必定丧失了很多的在场因素、复杂性与不确定性.另夕，真实情境习题作为学生核心素养形成的载体，必须适应学习需要.因此，将一个真实现象设计为习题，应该对真实的现象进行相应的抽象与简化，为问题的解决提供恰当的已知条件或提示.基于上述两个方面的原因，真实情境习题存在着情境真实程度高低的问题.当我们面对真实现象产生问题时，解决问题的线索是隐藏于众多的情境因素中的，需要自己去挖掘、寻找；而用于学习的真实情境习题，其解决问题的线索则是不同程度地以清晰、直接的形式给出的.因此，我们可以定义线索隐蔽度来衡量真实情境习题的情境真实程度高低.习题中明显、确切的线索越少，线索的内容与需要解决的问题关系越间接，习题的线索隐蔽度就越大.线索隐蔽度越大的习题，习题情境的真实度就越高. (二)真实情境习题的线索隐蔽度等级划分解决真实情境习题，要运用已有的物理观念从情境中识别出与问题有关的由相互联系的现象构成的物理模式；要区分主要因素与次要因素建立理想化模型；要寻找、选择信息，构建可行、优化的解决方案.所有这些，都需要从习题的设问中寻找线索作为推断的证据.真实情境习题的线索隐蔽度越大，学生要从中寻找线索解决问题就越困难，解决该习题需要的核心素养水平就越高. 我们将真实情境习题的线索隐蔽度划分为5个等级，如表1.大体上说，解决这些问题需要同等级的核心素养水平.每个等级的线索描述都包含情境的综合性(现象关联)、复杂性(模型)和开放性(不确定性)三个方面. 表1 线索隐蔽度等级划分 \| 等级 \| 线索描述 \| \| --- \| --- \| \| 1 \| 给出了解决问题需要的物理知识(概念、规律、模型等)和推理过程 \| \| 2 \| 明确指示了应综合考虑的物理现象，给出了物理现象或过程的模型，提供了解决问题必要的物理量或物理量间的关系 \| \| 3 \| 问题情境较熟悉，或者虽然情境较陌生、复杂，但给出了应综合考虑的现象和应建立的模型的线索，已知了一些物理量或物理量间的关系，可能有些必要的物理量没有给出，但它们合理的数值范围较明显，或者可以从所给的图形、图像中获取 \| \| 4 \| 问题情境有较明显的已学现象的特征，但没有给出应综合考虑的现象的线索，没有明显的已学模型的特征，也没有给出应建立的模型的线索，已知了一些物理量和物理量间的关系，但不一定都用到，有些必要的物理量需要学生自己获取 \| \| 5 \| 问题情境陌生而复杂，情境中显见的物理方面的信息较少，需要学生从物理学视角发现、提出问题，综合运用所学的物理学知识、方法进行广泛的探索，主动寻找需要的数据、信息，不断克服陆续出现的困难，以创新的方法解决问题 \| 三、将一个真实情境设计成线索隐蔽度不同的习题线索隐蔽度等级，既是一种参照，也是一种工具，它使教学中习题的选择和设计具有了一定的可操作性.对于一个真实问题情境，我们可以从综合性、复杂性和开放性三个维度改变设问方式，参照线索隐蔽度等级划分，将其设计成具有不同线索隐蔽度的习题，以满足不同的学习需要.下面给出一个示例. 【情境描述】电视连续剧《特警力量》第52 集有如下情节.身高约1.8m的特警队员何苗在一次执行任务时，不小心踩到一个精制的“松发引信”与其他引信联动的地雷.这种地雷被踩到后，只要作用在其上的力相对于人静止时受到的压力变化10N(台词表达为1g)就会爆炸.何苗站在原地等待排雷专家救援期间，曾将原来捧在胸前的头盔戴回头上. 本情境从综合性角度讲，是动力学与运动学的综合，且头盔、手和手臂的运动都会引起人对地雷压力的变化；从复杂性角度讲，头盔、手和手臂的形状和运动均是不规则的；从开放性角度讲，头盔、手和手臂的质量、运动距离在问题中均没有明确告知，但它们的数值范围是可以估计或从有关资料中获取的. 利用这个情境，通过增加某些已知条件和改变设问，可以设计出不同等级线索隐蔽度的习题.下面是一组示例. (一)1级线索隐蔽度习题示例【设问方式】何苗将头盔戴回头上的过程中，头盔的初、末速度等于多少?速度有无变化?有无加速度?手对头盔的作用力是否变化?头盔对手的作用力和何苗对地雷的压力是否变化?(习题的设问包括前面的情境描述，为了节约篇幅而不重复，下同) 【线索分析】题目明确指示了用到的概念、规律和推理过程，学生不需要通过自己的思考对这些知识进行综合. 【任务与素养】回忆速度、加速度概念和牛顿第二、第三定律(运动与相互作用观念一1，数字表示等级，下同)，按照题目指示进行推理得到结论(科学推理一1). (二)2级线索隐蔽度习题示例【设问方式】假如何苗用t=20s的时间把质量 m=1 kg 的头盔从胸前抬高 h=60 cm后，再慢慢戴到头上，头盔向上运动的过程中先做匀加速运动，后做加速度大小相同的匀减速运动.由于头盔的运动引起人对地雷压力的变化 AF是否大于10N? 【线索分析】题目明确指示了这是一个力与运动关系的问题，并给出了头盔的运动模型，已知的t、m、h值是求解△F所必要的，何苗身高1.8m是一个无关已知量. 【任务与素养】明确头盔的初、末速度等于0(证据意识一2)，综合运用运动学公式和牛顿第二、三定律，求出头盔做匀变速运动阶段AF=6×10N(运动与相互作用观念一2，科学推理一2). (三)3级线索隐蔽度习题示例【设问方式】假如何苗用t=20s的时间把质量 m=1 kg的头盔从胸前抬高60 cm后，再慢慢戴到头上，他能做到使头盔与手之间的作用力的变化△F小于10²N吗?可以先研究头盔如何运动△F最小.与同学交流自己的解题方法. 【线索分析】题目的设问提示了这是一个力与运动关系的问题，给出了构建头盔运动模型的线索：头盔如何运动△F最小. 【任务与素养】根据题目提示构建头盔及其运动的模型：将头盔看作质点，它先做初速度为0的匀加速运动，后做加速度大小相同的匀减速运动直到静止(证据意识一2，模型建构一3).然后综合运用运动学公式和牛顿第二定律求出AF=6×10N(运动与相互作用观念一2，科学推理―2).接着与同学交流解题方法，讨论解题方法的合理性(合作、尊重一3). (四)4级线索隐蔽度习题示例【设问方式】假如何苗用t=20s的时间把质量 m=1 kg的头盔从胸前抬高60 cm后，再慢慢戴到头上，他能做到使头盔与手之间的作用力的变化△F小于10²N吗?除头盔运动外，还有什么因素会引起人对地雷压力的变化?请寻找有关数据对此做一估算，并据此说明这一因素能否被忽略.可以与同学合作解决这个问题. 【线索分析】与上一示例相比，设问中关于头盔运动模型的提示更加隐蔽了，并扩大了需要综合考虑的范围，即人上肢的运动.人上肢运动的各个因素都是复杂的，并且没有已知上肢的运动情况、质量等.这时，人的身高是估算上肢运动距离和质量的重要依据. 【任务与素养】建立头盔运动模型，利用已知数据计算出人能做到使△F小于10-N(模型建构、科学推理一3).识别出上肢的运动会影响人对地雷压力的大小(运动与相互作用观念一4).对人上肢的运动建立模型，寻找数据，通过推理得到上肢的运动对人与地雷压力的影响大于头盔的运动产生的影响(模型建构、科学推理一4).在这个过程中，学生需要不断地提出问题、寻找数据、做出解释、交流讨论(科学探究一4)；需要战胜不确定性带来的心理焦虑直至问题获解(科学态度一4)；要不断地与同学探讨以寻找思路、完善解法(合作、尊重一4). (五)5级线索隐蔽度习题示例【设问方式】请通过有依据的分析和计算，为何苗应该如何戴头盔才可能避免地雷爆炸提出建议.与同学合作解决这个问题. 【线索分析】首先，“何苗应该如何戴头盔才可能避免地雷爆炸”不是一个直接而明确的物理问题，需要学生运用运动与相互作用观念识别出“如何戴头盔”，指的是手和头盔如何运动.其次，情境提供的线索少，除了人对地雷压力的变化超过10N地雷就会爆炸和何苗的身高为1.8m，没有其他明显的对解决问题有用的线索. 【任务与素养】在明确头盔、人的上肢运动都会引起人对地雷压力变化的基础上，提出戴头盔的动作要满足什么条件才不引爆地雷的问题.对头盔、人的上肢及其运动建立模型，到有关资料中查找头盔的质量，估算身高1.8m的人上肢的质量、头盔向上移动的距离等数据，运用运动学公式和牛顿运动定律估算出人基于“学习进阶” 优化教学设计 ——以初中科学“根”的学习为例口杨尧飞1胡梦翔2 (1.宁海县教育局教科室，浙江宁海315600；2.宁海县胡陈乡初级中学，浙江宁海315632) 摘要：进阶学习理论融入科学教学实践，为初中科学教学提供了又一种科学、高效的学习路径和方法。简洁明了的进阶设计，抓住了教学的要点，分散了教学的难点，突出了学生学习的“盲点”，有助于教师的教育思想理念与学生的实际学情有机融合，针对问题，对症下药，强化精准教学，从而达到更好的教学效果。关键词：学习进阶；根；进阶变量；学习水平学习进阶理论是近年来教育界比较热门的一个新研究方向，描述了学生在学习某一主题时所遵循的学习路径，其中包含进阶起点、进阶终点、进阶变量、中间水平等要素。进阶起点是学生在学习前已有的认知和学情，进阶终点是要求学生达到的水平，在起点与终点之间是学生在学习过程中认知发展的逐层变化，包含多个进阶变量。在实施过程中，教师遵循由浅人深、由现象到本质、连续且螺旋上升的基本原则，引导学生基于脑海中的已有概念、经验递进学习，各个击破，最终达到进阶终点。进阶学习对地雷压力的变化要小于10²N，向上移动头盔的时间至少要大于某个值to.在此基础上为何苗在戴头盔动作要求方面提出建议. 整个过程需要学生自己明确问题、做出假设、寻找数据、进行推理、得出结论；需要同学间相互合作、集思广益；另外，有无人文关怀精神也将影响学生解决问题的动力和投人程度(物理观念、科学思维、科学探究和科学态度与责任一5). 最后有必要说明，将同一个真实问题情境的路径图，可以直观形象地整合成如图1所示。图1进阶学习的路径图设计成线索隐蔽度不同的习题，对教师来说，能提高有价值的真实情境的利用率；对学生来说，有利于形成对同一事物不断地质疑原有观点、不断地从不同角度提出问题进行深入探究的思维品质与能力，有利于形成严谨认真、持之以恒的科学态度.口参考文献： \[1\]中华人民共和国教育部.普通高中物理课程标准(2017年版2020年修订)\[M\].北京：人民教育出版社，2020：46-48，54-55.	__label__neg	null	null	null	null	null
zh	N/A	N/A	论城市外来工聚居社区社会风险生成逻辑刘玉蓉摘要：我国现阶段正处在快速转型过程中，历时态风险共时态存在导致中国的社会风险呈现出多元化、复杂化态势，由于风险分配的不均衡及风险转嫁机制的存在，城市基层特别是外来工社区成为社会风险的聚集地。本文通过分析引发外来工社区风险发生的各种影响因素，以及这些因素的复合形态和力量结构对比，找出外来工聚居社区社会风险的生成逻辑，从而为确定风险源，及时调整相关政策，降低或消除社会风险提供理论依据。关键词：外来工聚居社区；社会风险生成逻辑；农民工问 _题_ 中图分类号：C912.81 文献标识码：A 文章编号：1001-490X(2013)1-214-04 作者：广东外语外贸大学政管学院副教授，博士；广东，广州，510420 基金项目：广东省哲学社会科学“十二五”规划2011年度青年项目《广东省外来工聚居社区社会风险的甄别与防范机制研究》(GD11YZZ02)；2012年度国家社科基金项目“公共服务横向援助的政治逻辑与满意模式选择研究”(12CGL107) 改革开放以来，我国的许多城市都形成了大量外来工聚居社区，这些以外来工为主体的流动人口及其在城乡结合部的自发聚居区和相对聚居区的形成，是在快速城市化过程中非均衡发展所出现的异质型社区，有其生长的必然性和内在合理性。但这些社区由于自身的特点也容易成为基层社会风险的“高发地”，成为社会风险蔓延和预警最脆弱的地带，为城市和社会管理带来较大压力。本文拟研究外来工聚居社区社会风险发生逻辑，以为外来工聚居社区社会风险防范提供理论依据。外来工聚居社区社会风险探源进入新世纪以来，我国的社会结构、社会组织形式、社会利益格局发生深刻变化，导致各种因素共生性和依存性不断增强，从而使风险的产生、传递和演变呈现出较强的多元性和隐蔽性。风险的度量多维，且不同维度的风险起因繁杂，使得安全隐患众多并且易发，加之影响因素具有隐蔽性、层次性和外部性，这些内生了风险控制难度。为了了解风险发生的逻辑，有必要对相关的影响因素进行详细考察和分析。第一，现行制度供给与需求的非均衡状态导致社会风险向社会底层聚集。吉登斯认为，与以往外部自然风险占主要地位不同，被制造出来的风险目前已经是人类发展至今所面临的主要风险。随着近代工业社会的发展，在人类活动的主要领域(政治、经济和社会)中，人类都创造了一系列实现自身活动目标的环境和规范性框架，而这也带来了另外一种风险，制度供给不足引起的风险。这种风险在社会转型时期表现得最为突出，因为在社会转型期，社会快速发展，对旧制度的抛弃速度很快，而新制度的供给又跟不上。社会就会处于一种无制度支撑的“真空”状态，这种状态会带来极大的社会风险。如在中国当前，旧的城乡二元管理模式已经越来越不适合社会的发展，没有新制度支撑的社会“非均衡”状态就出现了：“三农问题日益突出，城市治安日益严峻，城乡差距不断扩大等等。表现在外来工问题上，就是国家一整套的制度设计和安排，包括政治制度、户籍制度，以及由此衍生的社会保障和福利制度、劳动就业制度、人事制度、组织制度、人口迁移制度、教育制度、财政制度、住房制度等的不完善乃至缺失。制度性风险带来贫富分化差距，造成社会阶层的分化，也引发公众的不满、社会阶层的对立与隔阂。与风险相伴已经成为人类的基本生存状态。但显然，风险的分配在不同的人群中也是不均衡的。社会精英和利益集团作为制度的制定者，同时掌握着风险分配的权力，就像贝克所描述的那样，风险的分配权力掌握在社会的上层，风险则向社会下层聚集。对于现代政府而言，在风险社会中，如何有效应对各种风险固然重要，但形成--个合理的风险分配格局更是---个严峻的挑战。中国的社会风险阶层结构有日益定型和僵化的趋势，高风险、风险分配的不公正、日益两极化的风险阶层结构和不合理的风险分层机制，致使中国出现了比较严重的风险冲突。在风险分配过程中，政府如果没有尽到相应的责任，风险分配不均的现象将会进一步累积并不断地进行着恶性的再生产。外来工社区及聚居于此的外来T群体是城市中的弱势，社会中的下层，按照风险分配的逻辑，将日益成为风险叠加和风险转嫁的主要目标，再加上外来工群体对风险的认知能力较弱，使外来工聚居社区逐渐成为城市的风险高发地。第二，当地族群对外来工的排斥造成两群体的现实对立。法国学者勒内·勒努瓦(Rene Lenoir)首次提出了“社会排斥(social exclusion)”概念，并流行于法国，用以阐述被排斥在就业岗位正式来源和收人保障制度之外的特定的社会边缘群体的状态。\[21我国有学者认为社会排斥理论主要研究社会弱势群体如何在劳动力市场以及社会保障体系中受到主流社会的排挤，而日益成为孤独、无援的群体，并且这种排挤如何通过社会的“再造”而累积与传递。社会文化、社会结构、国家政策、现存的意识形态等多方面的因素制造了社会排斥，而社会流动率则反映社会排斥的程度。外来工群体作为世界上最大规模的流动人口，在城市缺乏机会参与一些社会普遍认同的社会活动，逐渐被边缘化或隔离，从而表现为在经济、政治、社会、文化及心理诸方面的长期鹰乏。除了受到制度上的隔离和排斥，在社会文化、社会交往方面也受到排斥，“农民工在城市中所遭受的社会关系网的排斥源于一种空间策略，一种污名化的叙事和话语系统，一种对社会资源垄断的偏好，一种社会距离的自觉生成，”3)城乡分隔的二元结构及其确定下米的社会等级构成引发了城市市民在心理和行动上对外来工的排斥。外来工在城市里生存所依靠的围绕血缘、地缘、业缘等同质关系构成的乡土网络则进一步强化了其生存的亚社会生态环境。这些社会排斥行为给外来工造成了巨大的社会焦虑和心理压力，并增加了社会不公感，阻碍了其与城市的融合进程，加剧了外来工群体与城市本土族群的对立。近年来，在我国的一些东南沿海乡镇，外来工与本地人发生群体性摩擦、冲突的频率明显加快，影响不断升级，甚至演变为恶性群体性事件的也不在少数。在这些发达乡镇，外米人口与本地人口出现倒挂，如在广州市增城的新塘镇，外来人口与本地人口比是2：1(50万：22万)，在大敦村，这一比例更是高达 11：1(8万：7千)。外来工与本地人之间的收入差距、公共福利差距，生活水平差距巨大，再加上一些地方政府和本地居民对外来工的制度歧视、意识歧视、管理歧视和生活歧视，使一些外来工开始萌发群体性对立情绪，形成外来工族群与本地居民间的“族群鸿沟”、第三，新生代外来工移民的困惑滋生反社会倾向。近年来，外来工群体内部出现明显的代际分层，80后新生代外来工逐步成为外米工的主体。据估计，我国现阶段新生代外来工总数约在1亿人左右，在我国2.3亿职工中，已经占将近一半。4新生代外来工有一部分是留守儿童，从小缺乏完整的家庭教育，抗挫能力普遍不强；有一部分是出生在城市，但又是农村户口而未被城市人接受的"农村人"。新生代外来工平均受教育程度较高，据统计，25岁以下的外米工，基本上都是初中毕业，高中毕业者比重也在逐步增加。但他们普遍没有从事农业生产的经历，也没有回到农村的意愿。这使不少新生代外来工有“愤青”情绪，他们有着改变现状的强烈渴望，但又不乐意吃苦，当向“上”的渠道被阻塞，就容易成为社会不稳定因素。有研究表明，新生代外来工的城市适应性普遍较低，尤其是在城市归属感和经济适应性方面适应程度更低。而个人因素(人力资本因素、个人主动性)对新生代外来工的城市适应性影响显著。新生代外来工在观念和社会认同上，迥异于他们的父辈，无论是跟随父辈进入新城市，还是作为故乡的留守儿童，无论是他们与社会的人际关系纽带，还是与社会联系的心灵纽带，都付诸阙如，在心理归属、价值归属上，亦无从依托，在城市中处于一种经济、社会、制度、心理等方面的综合困境中。\[6\]一方面，他们要继续遭遇父辈们所遭遇的制度歧视和各种不公正待遇，当前新生代外来工合法权益得不到有效保障的情况普遍存在，就业歧视、拖欠工资、超强度的加班作业、恶劣的工作及住宿条件甚至无理解雇行为，都严重地损害了新生代外来工的切身利益；另一方面他们又有迥异于父辈的要求。调查表明，新生代外米工有较强的创新创业意识，较强的维权意识和较强的人文关怀需求。他们的民主和平等意识更加强烈，不少新生代外来工已经意识到城乡分割制度对自己是不公平的。但同时他们又容易冲动，心理承受力和抗挫折能力较差。佛山市总丁会与佛山大学政法学院联合组织的“佛山市外来新生代员工状况研究”表明：在自身权益遭到损害时，新生代员工可选择的维权路径十分有限。很多人不是选择法律途径，也不是依靠组织有序调解，而是直接找企业领导或老板，甚至诉请群体性事件。调查数据显示，企图通过群体性事件维权的人高达45.43%，认为“事情闹大了就会解决”的人有 16.34%，如果失业了“只要有钱什么都于”的人有7.27%。 _7_ 在失去家庭道德权威环境下成长起来的这一代人，如果在城市融人中受阻而无法顺利进人社会，则极容易产生反社会倾向。外来工聚居社区社会风险出现多发，频发的趋向，风险的交叉性、综合性、动态性表现得非常突出。引发这些风险的因素不仅相互影响，还会相互叠加，是一种复杂的复合因素状况。所以要了解这些风险发生的逻辑，必须在弄清其影响因素的基础上，进一步分析这些因素之间的关系。在数理上，这三种影响因素的排列组合，可能出现7个区间，如图所示：图1 外来工聚居社区社会风险的影响因素结构示意图一外来工聚居社区社会风险分类及其发生概率排序 (一)社会风险影响因素叠加区与社会风险分类为了进一步捋清外来工社区社会风险发生的逻辑及可能性大小，结合图1，可以发现三种因素的不同组合形成了七个区间，按照各种影响因素的组合特征，可以将社会风险进行分类。图中的七个区间，即与七种社会风险相对应，并可以归为以下三人类型。 1，社会风险高发区。对应图中的A区，由二大风险因素高度叠加形成。这类社会风险的特征是，既受到制度因素的影响，又同时受到环境因素和个人因素的影响，是三种影响因素共同作用的结果，因此，这类风险属于高危风险，发生的可能性很大，破坏性很强，可能超越外来工聚居社区范畴，引发社会不同群体的连锁反应，从而对整个社会的稳定和谐构成严重威胁。如近年来东南沿海发生的各种群体性事件。 2，社会风险警戒区。对应图中的B、CD区，由一大风险因素中的任意两个组合形成。其中B区对应的是个人因素和环境因素复合区，C区对应的是制度因素和个人因素复合区， D区对应的是制度因素和环境因素复合区。这一区域社会风险的共同特征是：风险的发生同时受到两个因素的影响，危险程度略低于A区，但往往处于警戒的边缘，一个导火索就可能引爆事件，因此也应当引起高度重视。 B区的风险：如外来工社区中的许多“老乡帮”“同乡会”等类似黑社会组织的形成，就是由于许多外来工进人城市以后一方面迫于环境的压力，受到城市市民的歧视和排挤，感到自卑和失落，另一方面自身缺乏相应的谋生技能和较强的心理承受力，最后只能聚集到一起，拉帮结派，组织从事“收保护费”、“占地盘”等类似黑社会性质的活动，从而引发了外来工社区的治安风险。 C区的风险：如造成我国城乡分割的户籍制度就将外来工屏蔽在分享城市的社会资源之外，出于户籍等制度的限制，使外来工付出了家庭分离、情感孤独、医疗缺失、子女教育问题等代价。而这些制度因素一旦和收人不稳定，身体健康状况差，抗压能力低或其他个人遭遇相结合，就会突破承受底线，引发风险。 D区的风险：如外米工普遍对城市生活抱有很高的期望，有较高的就业技能和吃苦耐劳的优良品质，可是却由于制度安排的失当和环境的压力不得不链而走险，例如群体性事件中的普通参与者，事件的起因与他们毫无关联，而且他们也没有任何的利益指向，参与事件纯粹是为泄愤而想把事情闹大。 3，社会风险潜伏区。对应图中的E、F，C区，由三大风险因素中的单个因素形成。这一区域的社会风险特征是：风险的发生大多为个案，不具备很大的破坏力，影响范围有限，大多数时候被忽视甚至被掩盖。但是如果风险因素聚集，个案频发成为共性问题，也会引发较大范围的风险，给社会带来危害性后果。如外来工社区中的自杀、斗殴、偷盗、家庭纠纷等引起的一般性治安案件。 (二)外来工聚居社区各类社会风险发生之可能性考察在对社会风险进行分类的基础上，可以进一步探讨各类社会风险发生的可能性大小问题。结合图1，可以对各种影响因素的强度进行量化处理，对风险发生的可能性进行排序。在图1中，我们不妨设定，凡是被Ⅰ号圈覆盖的因素对风险的影响强度为a，Ⅱ号圈覆盖的因素对风险的影响强度为b，III号圈覆盖的因素对风险的影响强度为c。得到复合因素各区间影响强度函数：表1 复合因素各区间影响强度函数 \| 区域 \| A \| B \| C \| D \| E \| F \| G \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 获值函数 \| Yl=a+b+e \| Y2=a+b \| Y3=s+C \| Y4=b+c \| Y5=8 \| Y6=b \| Y7=C \| 由于 a、h、c的值均为正，从表1中可知，Y1的值总是最大的；Y2、Y3的值总是大于Y5，Y3、Y4的值总是大于Y7，Y2、Y4 的值总是大于Y6。对应各区间的社会风险可以看出，复合因素的结构对社会风险的发生有着显著的影响，对应的影响因素区间不同，其风险发生的可能性大小大不相同，影响因素高度叠加区风险发生的可能性最大；影响因素复合区风险发生的可能性相对降低，在一般情况下，会大于单独因素影响区；单独因素影响区社会风险出现的可能性相对较小。根据图1，我们可以推测各种因素引发社会风险的大致可能性，但这只是一个大的类别区分，除A区外，我们无法对社会风险发生的可能性进行精确排序，而这种排序是非常重要的。现实生活中爆发的风险表明，风险发生的可能性大小并不绝对按照影响因素高度叠加区--普通复合区----单独因素区的顺序排列，单独因素影响区引发风险的可能性也可能高过其他区域，为此，必须进一步研究各种影响因素间的力量结构。实际上，各种影响因素的强势程度或力量对比，同样对风险的发生产生关键性影响。表现在函数式中，赋值的不同变化可能会导致最终结果的不同，并引起数值排序的变化。我们可以以个人因素对风险影响强度最大，制度因素对风险影响强度最小，环境因素对风险影响强度最大，个人因素对风险影响强度最小，制度因素对风险影响强度最大、环境因素对风险影响强度最小这三种典型情况进行对比，观察力量结构的不同对风险产生的影响。在第一种情况下，我们设 a=4，b=2，c=1，在第二种情况下，设a=1，b=4，c=2，在第三种情况下，设a=2，b=1，c=4，得表2. 表2 几种典型赋值状态下社会风险发生的可能性 \| 区域 \| 个人)环境)制度 \| \| 环境)制度>个人 \| \| 制度)个人)环境 \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 区域 \| a=4.h=2，c=l，Y值为 \| 推名 \| a=1，h=4，c=2，Y值 \| 排名 \| a=2b=1，c=4，Y值 \| 排名 \| \| A \| Y1=7 \| 1 \| ￥1=7 \| 1 \| Y1=7 \| 1 \| \| B \| 12=6 \| 2 \| Y2=5 \| 3 \| Y2=3 \| 5 \| \| \| Y3=5 \| 3 \| Y3=3 \| 5 \| Y3=5 \| 3 \| \| D \| Y4=3 \| 5 \| Y4s6 \| 2 \| Y4=6 \| 2 \| \| E \| Y5=4 \| 4 \| Y5=1 \| 7 \| Y5=2 \| 6 \| \| F \| Y6=2 \| 6 \| Y6=4 \| 4 \| Y6=\] \| 7 \| \| G \| Y7=1 \| 7 \| Y7=2 \| 6 \| Y7=4 \| 4 \| \| 可能性排序， \| a>B>>F>D>F>G \| \| AD>D>F>C>G>E \| \| A>DXC>>B>E>F \| \| 在表2中，三种因素影响强度的大小，对社会风险的发生产生了明显影响，并导致了差异的排名结果。何方力量最强，代表受其影响发生风险的可能性越大。在不同的力量架构下，即使影响因素的复合格局不变，发生风险的可能性也会出现明显变化。三种因素的复合情况以及力量格局，决定着社会风险发生的可能性。表2是几种较为特殊的类型，由于引发社会风险的三种影响因素力量强度不同，所以现实中发生风险的可能性大小是千变万化的。但可以指出的是，根据复合因素决定风险发生的论断，从现实已发生的风险中，亦可以反窥各影响因素的力量特点。根据不等式求解原理，从七类社会风险的最终排序结果中，可反推出引发风险的各种因素中何种因素处于强势，何种因素处于弱势，或者说风险的发生到底是制度因素，还是环境因素或个人因素。这既可以在符合E区因素F区因素、G区因素的三类风险发生的可能性大小中直接观察，也可以从符合B区因素、C区因素、D区因素的三类风险可能性中进行间接推算。三结论及启示第一，复合因素及其力量结构是引发外来工聚居社区社会风险的动因。有多重因素会对外来工聚居社区的社会风险产生影响，这些因素的复合格局及力量结构决定着社会风险发生的可能性，要想降低外来工社区社会风险发生的几率，必须减少风险因素的相互影响并改变其力量结构。一是尽量减少影响因素的高度叠加，也就是减少A区引发的风险。可以通过建立社会风险分布图来辨认社会风险，通过分析这些社会风险与制度、环境、个人等因素的相关关系，并根据对社会风险的信息搜索整理、归类分析排序，从中找出社会风险的周期性分布差异、强度分布差异、区域分布差异等，从而有针对性的降低影响因索叠加的可能性，达到分散风险的目的。二是改变各影响因素之间的相互关系和力量结构，减少影响因素之间的关联度，即减少影响因素的复合区产生。不同的社会风险有不同的因果联系，根据社会风险对社会的危害程度，抓住风险的主要因果联系，得到影响最大且急需处理的关键因素，然后再分析其他可能的影响因素，及时掐断其因果链，阻止社会风险的发生。三是调动整个社会资源，培育社会中间组织，增强社会的自治能力，从而使某种风险因素在引发社会风险之前被及时识别和化解。第二，制度因素引发的风险是外来工社区面临的主要风险，制度是出于集体生活需要而产生的约束个体行为的规则，是塑造社会秩序、控制社会冲突，进而减少人类行为不确定性的关键。尽管制度能够通过控制人们行为的不确定性来避免行为的风险，制度本身却由于存在着自身功能履行的不确定性而存在着风险。制度风险的存在基础是制度与相关的其他正式制度或相应的非正式制度之间的冲突，只要在同一场域内存在某种与制度不协调的正式或非正式制度，风险就可能发生。而现实中的制度建设遍及政治、经济、社会、文化等众多领域，并要进行制度之间的水平整合以及垂直整合等等，尽管其中的某一项制度就其自身孤立看来既必要又合理，但它在与同一场域内根据不同目的制定的其他制度的相归作用中可能出现冲突，进而引发制度风险。\[9 制度风险属于社会结构层面的风险，而一个社会的稳定最主要是取决于社会结构的稳定状况，一旦社会结构层面的风险迅速恶化，就可能演化为公共危机，造成严重的、广泛的社会危害。目前国家关于城市外来工的一整套制度设计和安排都不完善乃至缺失，导致外来工在城市被严重边缘化，只能在社会的底层和夹缝中求生，由此引发了生存危机和心理危机，进而引发一系列衍生风险。事前控制是我们规避制度风险的最佳选择。由于制度风险实质是制度对同一场域内的其他正式制度或非正式制度的“不适应”，是制度与制度或制度与非正式制度之间的冲突，事前控制最终将以实现制度与制度及非正式制度之间的协调为基本方式具体到外来工社区而言，制度性风险的防范可以从以下几方面人手：一是从增强社会下层特别是外来工群体的物质承受力人手，进一步完善包括低保、养老、失业、住房、医疗、教育等方面补助的社会保障制度，增强弱势群体扺御与应对风险的能力。二是定期梳理、补充与完善各项与外来工相关的规章制度，逐步清理相互冲突、抵触的内容，实现各项制度之间的协调、无缝隙。三是充分发挥各种传统的非正规制度所能起到的重要作用，重视社区、家庭保障、非政府组织在社会稳定和化解社会风险方面的基础性作用，发挥和调动传统文化心理、习俗的社会风险自控机制的潜在价值。第三，社会风险的防控重心应下移至基层社区。基层社区的风险大多孕育在琐碎和微观中，极容易被忽视，而同时基层社会风险的燃点低，发展迅速，往往又是引发社会动荡的导火索。以往政府对社会风险的防控集中于社会风险已经形成系统威胁后的宏观对策与应急管理，而对社会风险的微观产生过程、从微观向宏观的传递与放大机制缺乏深人了解。外来工聚居社区是城市基层各种风险因素的汇聚地，外来工社区社会风险的生成逻辑就是社会风险在微观层面的一个反映。因此，只有将风险防控的重心下移到基层社区，才可能真正了解风险的根源，并对其进行有效识别和分析。一是准确查找外来工社区的风险点。根据外来工聚居社区风险变化的特点，结合已往风险高发点、风险治理中的经验教训及外来工工作，生活的最新发展态势查找风险点，重点查找与外来工切身利益相关的工作环境、劳动权利、子女教育、基层下部工作方式等方面的不足，查找出每一方面可能产生的风险隐患，确定风险点，二是划定风险等级。依据查找出的风险点的多少和风险发生的几率及社会危害的大小等内容，对风险点进行风险等级评析和确定。三是开展重点风险提示，风险等级评定完成后，要把风险点和风险等级等内容向相关公务人员进行提示，从而提高防范意识。完成了风险识别及风险提示后、可以采取以下具体措施来对风险进行防控：一是进一步完善基层矛盾纠纷排查调解工作，实现基层矛盾人民调解、行政调解、司法调解有机结合，综合运用法律、政策、经济、行政等手段和教育、协商、疏导等办法，把矛盾化解在基层、解决在萌芽状态，及时发现并化解风险：二是畅通外来工利益诉求表达机制，在涉及到公共资源分配、公共事务决策等问题上，给予外来工群体更多的发言权和更公平的发展机会、发展环境和保障条件；三是在社区层面成立类似“外来工之家”的专门服务机构，着力解决外来工群体反映最为强烈的问题，坚决纠正损害外来工利益的行为，为外来工在城市的生活排忧解难，正如管理学中的“短板理论"：水的外溢取决于水桶上最短的一块木板，所以社会风险也最容易在承受力最差的弱势群体身上爆发。外来工群体作为弱势群体的典型代表，在城市社会资源分配中处于劣势，生活质量层次较低，心理承受能力较弱，如果再感觉自己的不利处境是由于既得利益群体的剥夺，社会稳定与发展无疑将面临巨大挑战。因此，对外来工社区社会风险的治理应多管齐下，从政府层面来讲，应将补偿性政策与发展性政策互补共治；从社会层面来讲，应调动各种社会力量关怀外来工群体，使其不满情绪得以合理的释放；从个人层面来讲，应加强对外来工特别是新生代外来工的教育和培训，使其正视自身责任，塑造自立自强文化精神。这些措施既有物质层面的支持，义有道德方面的关怀，将为外来工在城市生活、工作创造良好的发展环境，进面促进外来工社区与城市的不断融合，达到降低风险的目的。参考文献： \[1\]吉登斯：《失控的世界》，江西人民出版社2001年版。 \[2\]李景治、熊光清：《中国城市中农民工群体的社会排斥问题》，《江苏行政学院学报》2006年第6期。 \[3\]潘泽泉：《社会网排斥与发展困境：基于流动农民工的经验研究--弱势群体能否共享社会发展成果》，《浙江社会科学》2007年第2期， \[4\]易传和、谭璐：《返乡农民工创业的投人产山关系分析》，《求索》2012年第8期。 \[51郑梓桢、刘风至、马凯：《新生代外来务工人员城市适应性：个人状素与制度因素的比较》，《人口研究)2011年第5期。 L6」主佃利、刘保军、楼苏萍：《新生代农民工的城市融人——框架建构与调研分析》，《中国行政管理》2011年第2期： \[7\]佛山市总工会：《佛山市外来新生代员工状况的调查、思考和建议》，佛山市总工会，2011年。 \[8\]邓秀华：《新生代农民工问题及其市民化路径选择》《求索》2010年第8期。 \[9\]\[10\]李文祥：《论制度风险》，《长春市委党校学报》2008年第5期。 (责任编辑：南桥)	__label__neg	null	null	null	null	null
zh	N/A	N/A	doi：10.13582/j.cnki.1674 -5884.2015.11.023 创造力教育在国内外的研究现状及发展趋势赵丽，吕文皎"，邰鹭明： (1.福建师范大学光电与信息工程学院，福建福州350007； 2.原平市教学研究室，山西原平034000；3.福建省教育学院，福建福州350007) 摘要：创造力是教育、培养和实践的结果，是科技发展的源动力。随着近年来对创造力的逐步重视，创造力教育在国内外迅速发展并成为衡量教育水平高低的重要指标之一。本文通过引用大量的文献以及政策法规，综述创造力教育在国内外的发展现状及发展趋势，论述吉尔福特创造力测量方法、托兰斯创造性思维测验方法以及叶玉珠教授创造力测量方法，并在此基础上探讨创造力教育在未来的发展趋势。本研究为我国创造力教育的发展现状提供参考，为建立符合时代发展要求的新教育观念和体制提供理论支持。关键词：创造力教育；问卷调查；研究现状；发展趋势中图分类号：G40 文献标志码：A 文章编号：1674-5884\[2015)11-0071-04 1 创造力教育的概念创造力教育是指与提倡创造力有关的制度、政策、环境以及学校中与创造力相关的教育措施。在学校教育中，创造力教育指学校的创造力教学，教师通过课程内容及有计划的教学活动，激发和助长学生创造力的一种教学11，\[231-21。早期的创造力教育类似于精英教育，主要针对优等生或者某方面有特长的人群，且主要集中在艺术、科技等特殊领域。随着时代的发展及研究的深入，学者们逐渐意识到事实上人人都有创造力，且创造力是可以培养的，从而开始大规模地推广创造力教育。20世纪中叶美国心理学家吉尔福特在就任美国心理学会会长时发表就职演说《论创造力》。从此，创造力的科学研究拉开序幕。如今，世界各国无不将创造力的培养作为本国科技、教育、文化发展的重中之重，各国之间的竞争也演变为创造力的竞争3。创造力的发展对经济社会的关系重大，其相关研究也备受瞩目。 _2_ 创造力教育在国内外的研究现状 _2.1_ 创造力教育在国外的研究现状以《论创造力》的发表为标志，美国是最早开始进行创造力科学研究的国家4。当时的研究更关注个体的创造力、个体的行为特点等，局限于艺术、科技、工程等领域，注重研究某方面有特殊才能的特殊人群。如今，美国等发达国家正从工业经济转向知识经济，这种转变也对社会各界教育的开展提出了新的要求，也使创造力的培养显得更为重要。 20世纪70年代开始，随着经济的发展，与创造力息息相关的美国艺术教育界不再仅仅“为了艺术而艺术”，他们更关注艺术教育为学习者带来的认知成长、创造力培养等方面的贡献，并将这些优势运用到其他方面4。20世纪80年代，日本成立了创造学会和创造开发研究所。在创造力教育的教材建收稿日期：20150420 基金项目：福建省教育厅资助项目(JA09341S) 作者简介：赵丽(1990-)，女，山西晋城人，硕七，主要从事创造力教育研究。设、课程设置以及创造力教育教学方法等方面取得了显著的成绩。除此以外，法国、英国等发达国家也纷纷把提高国民素质作为教育改革的核心和“国家最优先发展的课题”161。20世纪90年代，随着信息时代的到来，研究者们逐渐意识到，人人都具有创造力的潜能。原本认为个体认知仅存在与个体头脑中的观点已太过片面，认知现象也体现在合作情境、人机交互中，因此，提出了分布式认知的理念。随着计算机在教育方面的应用，计算机支持的协作学习(CSCL)开始走人人们的视眼。CSCL 应用交互技术，更关注于学习过程中的个体职责和小组协作。2003年，Paul B. Paulus 和 Bernard A. Nijstad发表著作《小组创造》，学者们已从过去的关注个体创造力转变为关注小组协作的创造力。2011年，基思·索耶博士在上海的一次演讲中提到培养创造性学习与授受主义的差别。授受主义诞生于20世纪初，这种方式追求效率，在课堂中主要是教师对课堂进行控制，以知识的灌输为主。就创造力的培养而言，著名心理学家费尔德曼认为，创造力的培养不是单因素作用的结果，需要家庭环境的支撑、家长的支持和鼓励、教师的指导、同辈之间的互动以及实践机会的把握1811-21。 2.2 创造力教育在国内的研究现状由于社会历史的原因，国内对创造力教育的研究起步较晚。20世纪初，我国著名教育家张伯营先生、陶行知先生等人相继意识到创造力教育的重要性，并提出相关理论与实践要求。20世纪30年代，著名教育家陶行知先生开展了一系列创造力教育的实践9.。近年来，随着社会经济的发展，人们越来越意识到创造力培养的重要性，创造力教育的研究也轰轰烈烈地开展。1985年，中国发明协会成立，该协会设有“创造力开发委员会”“高校创造教育分会”“中小学创造教育分会”努力推动创造教育的发展进程；1999年，全国教育部第三次会议正式提出素质教育的发展要求。在素质教育思想的推动下，素质教育在我国各级各类学校开展起来，为创造力教育打下了基础。教育部科技司、共青团中央学校部和中国(科协)科普研究所于1998年、2000年和2002年连续3次发起全国青少年创造能力培养社会调查和对策研究，对我国青少年创造能力培养的现状进行讨论和分析，并提出了相关对策和建议。随着研究的推进，不同学者关于创造力的研究思路、研究方法、研究侧重点也各不相同，对于创造力的理解更是莫衷一是。陈昭仪教授认为，在校园中推行创造力教育，关键是要在教学与辅导过程中进行融入式的创造思考教学101。创造思考教学的内涵是五力四心。五力(能力)是指敏觉力、流畅力、变通力、独创力及精进力，四心(情意特质)是指想象力、挑战性、好奇心以及冒险性。马抗美教授针对我国青少年创造力教育的现状，提出要高度重视创造力教育，在考虑学校发展规划、人才培养模式、学科建设、师资队伍建设、经费分配等问题时，要把有利于学生创造能力的培养作为一个重要因素。要整合社会上和学校内的资源，为学生创新、实践活动提供条件：。赵海认为，创造力教育的实施对于学生的影响应是全面的和全方位的，它对学生的综合心理素质也会产生积极的影响。因此，创造力教育的测量指标应包含学生综合心理素质水平1121。刘仲林通过比较东西方的创造教育的起源、目标与方法等，提出“成物”与“成己”会通、创造自觉”与“创造技法”会通、创造哲学”与“创造心理学”会通，是“东西方创造教育会通”新模式的核心内容。 3 创造力测量方法在国内外的研究现状由于学者们对创造力的定义不同，所依据的理论基础不同，因此研究角度和侧重点也各不相同。如今，有关创造力的测量量表多达上百种\[4\]。创造力与创造力教育息息相关，但是，目前国内用于创造力教育测量的问卷还比较少。创造力的界定是对创造力进行测量和评价的前提。目前，对创造力界定的观点和角度主要包括发散思维测量、创造性人格评价、创造性产品评价、主观评价法、创造力实验法。基于这些界定方式，对创造力的评价方法主要有标准化的测量方式、创造力产品评价、主观评价法、创造力实验法和档案袋评价法151 发散思维测量和创造性人格评价一般均基于标准化的测量方式116\]。发散思维测量基于过程的角度。理论基础是吉尔福特的创造力的发散思维观点。档案袋评价法也是一种综合化的评价方法，将平时的表现归档整理，再进行具体分析7。 3.1 创造力测量在国外的研究现状 3.1.1 吉尔福特创造力思维测验最早的创造力测量工具是根据美国南加州大学心理学教授吉尔福特的智力结构理论编制的\[3.18\]。吉尔福特的智力结构主要包括3个维度，分别是思维的变通性、流畅性、独特性，主要考察发散思维能力。这3个维度是吉尔福特的儿童创造力测验编制的基础。该测验共14个项目，主要由5个言语和5个非言语测验组成。具体内容包括给故事取名字、从复杂图形中找出隐藏的字母等。这套测验的适用对象为初中生。吉尔福特的另一套测验也由言语测验和非言语测验组成，适用于初中以下的学生。这2套测验均依照计分手册的标准，根据被试反应速度、新颖性等进行记分。 3.1.2 托兰斯创造性思维测验托兰斯创造性思维测验由美国著名心理学教授托兰斯编制。该测验应用广泛，不同年龄阶段的人皆可用它进行测试。具体来讲，该测验主要用于考查被试者的发散性思维能力。该测验包括口头和图形2种版本，均为开放性的题目，且均以游戏的形式组织呈现。主要评分依据是被试者答案的流畅性、变通性、独特性以及精细化。考察内容主要包括3个方面，言语、图画、声音词语。该测验的不足之处在于被试者创造力的成绩受到其言语表达流畅性的影响，虽然词语的流畅性是一个重要的方面，但据此来判断其创造性思维能力就显得有些以偏概全9。 3.2 创造力测量在国内的研究现状近年来，人们逐渐意识到培养有用的能力比传授知识更为重要，社会各界对创造力的培养日趋重视，学者们对于创造力的相关研究也越来越多。在创造力的测量方面，也取得了令人欣慰的成果。 3.2.1 全国青少年创造能力培养调查问卷 2009年10月，南京市对18所中小学学生的创造力进行问卷调查，主要侧重于调查青少年对脑科学和创造学有关知识的了解程度，青少年的心理发展特点，对创造活动的认识与行为取向的关系，以及青少年所处学校、家庭、社会环境对其创造力形成的影响。除此之外，还包括青少年对创造成果的影响及保护的认识等20115-30 3.2.2 台湾国小学童科技创意发展的因素问卷台湾国立政治大学师资培育中学叶玉珠教授于2005年编制了3份影响台湾国小学童科技创意表现的量表。包括台湾国小学童科技创意发展个人因素量表、台湾国小学童科技创意发展家庭因素量表、台湾国小学童科技创意发展学校因素量表。该量表以创造力发展的生态系统模式为理论基础，主要考察在小学生科技创造力发展的过程中各因素的影响。通过调查2166名小学四~六年级学生，发现该量表具有很好的内部一致性信度以及结构效度。其中，个人量表包括4个因素，分别是富于想象、多元思考，善于调试与分享、乐观积极，善于学习与自省、追求进步，喜欢阅读、兴趣广泛。家庭量表主要包括提供意见及学习榜样、提供学习机会及支持鼓励等。学校因素主要包括支持与鼓励的教学态度、讨论与探究的教学方法、激发创意的学校活动、支持创新的学校环境。 3.2.3 青少年科学创造力测验量表申继亮、胡卫平等122以科学创造力的结构模型为基础，结合青少年科学创造力的表现，并参照托兰斯的创造性思维测验，编制了青少年科学创造力测量量表。该量表共有7道题目，分别是物体应用、问题提出、产品改进、科学想象、问题解决、科学实验、产品设计。通过对英国和我国山西某中学的学生进行初测，中英两国学生测试所得 Cronbach 系数分别为0.775和0.893，并具有良好的结构效度。在此基础上，选取英国和中国共2174名学生进行测试，确定了青少年科学创造力的常模。 _4_ 创造力教育在国内外的研究趋势国内外研究者在创造力和创造力教育方面得出比较一致的结论是：创造力是个体普遍具有的心理能力，创造力是教育、培养和实践的结果。因此，如今研究者们不再关注对少数天才的研究，而是认为每个人都具有创造力潜能，每个人的创造力都能通过适当的教育来提高23.。关于创造力的知识、人格、组织与文化等因素的研究成果表明，创造力的培养需具备很多条件，但这些条件都是必要的，而非充分条件。研究者近期关注的焦点在于创造性成果是如何通过必要条件相互作用而产生的。因此，在探讨各个因素间相互作用的过程中，研究者们试图建立起能够揭示各因素之间相互作用的关系模型。在建立模型的过程中，必然会用到心理测量法。出于对发散思维测验的反思，研究者在研究过程中提出了一些新的测量方法，如创造性产品的等级评定问卷、同感评估技术等，这些新的测量方法为创造力的研究提供了数据收集基础1241。我国的创造力教育应在继承20世纪初创造力教育探索成果的基础上，着眼建立起一个既具有东方创造力教育特点，又充分吸收和借鉴西方创造力教育理论和方法，打破东西文化的隔阂，拆除不同学科之间的樊篱，推动东西方创造力教育的互动，中国教育变革与中国哲学创新的互动；进行跨文化、跨学科的前瞻性探索，建立符合时代发展要求的新的教育观念和体制2 参考文献： \[1\]陈龙安.台湾的创造力教育发展与突破之道\[J\].创造学刊，2010，1(1)：5-37. \[2\] Gaggioli A， Riva G， Milani L， et al. 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Cambridge University Press， 1999. \[9\]张景焕，林崇德，金盛华.创造力研究的回顾与前瞻\[J\].心理科学，2007，30(4)：995-997. \[10\]田友谊.创造教育环境研究\[D\].武汉：华中师范大学，2007. \[11\]马抗美，翟立原.青少年创造能力培养调查与对策\[J\].中国青年政治学院学报，2000(1)：8-11. 12」赵海.创造教育中的几个问题\[J\].中国教育学刊，2000(4)：12-14. \[13\]刘仲林，江瑶.东西方创造教育的比较与前瞻\[Jj.天津师范大学学报(社会科学版)，2011(3)：56-60. \[14\] Isaksen S G. ， Lauer K J， Ekvall C. Situational outlook questionnaire： A measure of the climate for creativity and change「J\]. Psychological reports， 1999，85(2)：665-674. 「151俞国良.中小学生创造力的测量和评价\[J\].山东教育科研，2001(2)：97-100. \[16\] Runco M A， Acar S. Divergent thinking as an indicator of creative potential\[ J\]. Creativity Researeh Journal， 2012，24(1)：66-75. \[17\] Creech A， Lopez -Rcal C， Paterson K， et al. 27 Creative asscssment of creativity in musical performance\[J\]. Developing creativities in higher musit education： International perspectives and practices， 2013，1(21)：318. \[18\]李志鸿.国外对学生创造力的评价技术\[J1.外国中小学教育，2005(10)：23-27. ! 19\] Kim K H. Praven reliability and validity of the Torrance Tests of Creative Thinking (TTCT)\[J\]. Psychology of Acsthetics， Creativity， and the Arls，2011，5(4)：25-33. \[20\]马抗美，翟立原，教育部科学技术司.青少年创造力国际比较\[M.北京：科学出版社，2003. \[21\]叶玉珠.影响国小学童科技创意发展的因素之量表发展\[J\].师大学报，2005，50(2)：29-54 \[22中继亮，胡卫平，林崇德.青少年科学创造力测验的编制\[J\].心理发展与教育，2002，18(4)：76-81. 23 Borgman J. Respecting the Creativity in Our Children \[J\]. Montessori Life， 2000， 12(1)：42-43. 24\. Lelever M. Creative teaching methods \[M\]. David C Cook， 2013，11-20. \[25\] De Raoij A， Jones S. Mood and creativity： an appraisal tendency perspective； proceedings of the Proceedings of the 9th ACM Conference on Creativity & Cognition， F， 2013C\]. ACM， (责任校对谢宜辰)	__label__neg	null	null	null	null	null
zh	N/A	N/A	2021年“书香西藏”全民阅读倡议书在全区各族人民喜迎中国共产党成立100周年、西藏和平解放70周年的重要时刻，我们迎来了第26个世界读书日，拉开了2021年“书香西藏”全民阅读活动的序幕，我区将开展以“共庆百年华诞、共创书香西藏”为主题的系列阅读活动。习近平总书记指出：“要提倡多读书，建设书香社会，不断提升人民思想境界、增强人民精神力量，中华民族的精神世界就能更加厚重深邃”。党中央决定在全党开展党史学习教育，我们要重点学习《论中国共产党历史》《毛泽东邓小平江泽民胡锦涛关于中国共产党历史论述摘编》《中国共产党简史》《习近平新时代中国特色社会主义思想学习问答》等重要文献书籍，做到学史明理、学史增信、学史崇德、学史力行。我们要学好党史、用好党史，用党的奋斗历程和伟大成就鼓舞斗志、明确方向，用党的光荣传统和优良作风坚定信念、凝聚力量，用党的实践创造和历史启迪智慧、砥砺品格。新时代学习党的历史、弘扬党的传统、开启新的征程、创造新的伟业都离不开读书学习的滋养，站在历史的深厚基础上，让我们深刻学习领会新时代党的创新理论，准确把握新发展阶段，深入贯彻新发展理念，加快构建新发展格局，继续发扬为民服务孺子牛、创新发展拓荒牛、艰苦奋斗老黄牛精神，凝聚起推进西藏长治久安、高质量发展的磅礴力量。书籍是知识的载体、智慧的结晶，是人类进步的阶梯。读书，决定着一个人的修养和境界，关系着一个民族的素质和力量，影响着一个国家的前途和命运。耕读传家久，诗书继世长。通过开展丰富多彩、各具特色的阅读活动，引导和动员更多的人民群众参与到读书学习活动中来，不断提升阅读兴趣、养成阅读习惯、提高阅读能力，不断增强思想道德素质和科学文化素质，在全社会大力营造爱读书、读好书、善读书的良好氛围，使阅读理念更加深入人心，阅读氛围更加浓厚，阅读影响日益深远。让我们在春天里相约，一起走进书的世界，把阅读活动作为一次新的耕耘与播种，让我们的双眼因为阅读而闪亮，让我们的内心因为阅读而充实，让我们的人生因为阅读而厚重，让我们的每一天因为阅读而变得更加美好，让阅读伴我们成长、伴我们前行，让书香溢满雪域高原。西藏自治区全民阅读活动领导小组办公室 2021年4月23日	__label__neg	null	null	null	null	null
zh	N/A	N/A	对我国延迟退休问题的思考摘要：随着经济的发展和社会的进步，人们的生活水平及医疗水平在不断的提高，人均的寿命逐渐延长。所以现阶段我国的人口老龄化问题比较严重，养老压力也在进一步的加大。而延迟退休能够在一定程度上缓解这些问题，在缓解养老支付压力的基础上还能够在一定程度上控制收支缺口，促进我国国民经济的增长和发展。但是就目前我国的社会体制和市场经济环境以及广大民众的身体健康水平来看，实施延迟退休对于我国的民众来说既有正面影响也有负面影响。本文就我国推行延迟退休的原因进行了论述，阐述了延迟退休对我国民众的积极作用和给民众带来的问题和困难，进一步提出了应对延迟退休所带来问题的措施。随着经济的发展和社会的进步，人们的生活水平及医疗水平在不断的提高，人均的寿命逐渐延长。所以现阶段我国的人口老龄化问题比较严重，养老压力也在进一步的加大。而延迟退休能够在一定程度上缓解这些问题，在缓解养老支付压力的基础上还能够在一定程度上控制收支缺口，促进我国国民经济的增长和发展。但是就目前我国的社会体制和市场经济环境以及广大民众的身体健康水平来看，实施延迟退休对于我国的民众来说既有正面影响也有负面影响。本文就我国推行延迟退休的原因进行了论述，阐述了延迟退休对我国民众的积极作用和给民众带来的问题和困难，进一步提出了应对延迟退休所带来问题的措施。关键词：延迟退休积极作用问题困难措施一、我国推行延迟退休的原因现阶段我国推行延迟退休的原因主要是由于近年来我国正面临着巨大的养老金给付压力，而且养老金的资金缺口在逐渐的加大，到2014年，我国养老金的资金缺口已经超过20亿，而且还在呈现着稳步上升的趋势，这样一来就在很大程度上增加了我国政府的压力。延迟退休能够有效的减少养老金的支付，从而能够有效的减少养老金的资金缺口，能够在一定程度上减少我国财政支出的压力，对于提高我国的竞争力，促进我国的可持续发展和进步有着十分重要的作用。而且从男一个方面来看，我国国民的身体素质在不断的提高，所以在我国推行延迟退休是十分必要和重要的。二、延迟退休对我国民众的积极作用通过相关的调查研究和总结分析可以得出，我国延迟退休对于我国民众和社会经济的发展和进步都有着一定的积极作用，具体内容主要表现在以下几个方面： 1.缓解了养老金支付的压力，职工退休后就会从养老保险的缴纳者直接变为养老保险的领取者，这样一来无疑就加大了养老金的支付压力，而推行延迟退休能够通过增加养老保险的缴纳时间能够有效的减少养老保险的支付压力，也就是说通过增收减支，不仅能够缓解养老金支付压力而且能够在一定程度上减少养老金的资金缺口，还能够在一定程度上增加养老金的节余，从而有效的保证养老金账户的稳定性和持续性。 2.增加了民众的经济收入。延迟退休能够让相关的工作人员有机会多工作几年，这样一来就使得相关的工作人员通过获得薪资来增加自己的收人；从另一方面来讲，延迟退休能够在一定程度上增加退休后养老金的收入，从长远来看，也增加了相关工作人员的经济收入；而且对于女性来说，现阶段女性的退休年龄比男性晚5年，而通过延迟退休以及男女退休年龄相一致相关政策的落实，能够使女性通过工作获得更多的经济收人，从而能够在很大程度上提高女性的老年生活水平。 3.提高了人力资源利用的效率。就目前情况来看，随着教育水平的不断提高，相应的参加工作的工作人员的年龄也在逐渐增加，而如果依旧采用现行“男60周岁退休、女50或55周岁”退休的退休规定，无疑缩短了相关工作人员的工作年限，这样就容易导致一些受过高等教育的高精尖人才会在拥有更多的工作经验和专业知识的情况下面临退休的风险，这对于国家米说就是人才的流失和浪费，而延迟退休能够有效的缓解这个问题，提高人力资源的利用率，能够有效的提高我国的核心竞争力，对于国民经济的增长和国家的进步和发展都有着十分重要的作用。三、延迟退休给民众带来的问题和困难延迟退休在给民众带来一定的积极作用的同时，也会带来一定的问题和困难，就目前我国发展的现状和现有的体制来着，延迟退休给我国广大劳动人员带来的问题和困难主要表现在以下几个方面，具体内容如下所述： 1.增加了就业压力。延迟退休会在很大程度减少工作岗位，就我国目前的就业形势来看，本来就是供不应求，在加之延迟退休就会在很大程度上增加就业的压力。据相关的资料显示，每年我国都会有超过300万的退休人员，而延迟退休无疑就会减少300万的工作岗位。虽然延迟退休从长远来看能够推动我国经济的增长和发展，从而提供更多的就业岗位，但是从短期来看，延迟退休减少了就业岗位，增加了我国民众的就业压力。 2.增加了企业的缴费负担。就目前形势来看，面临退休的老员工的薪资普遍高于新员工，所以企业就需要为其缴纳更多的养老保险费、医疗保险费等其他相关的费用，而一些老员工的综合素质不够高，也不能及时的接受现代社会的新知识和新技能，不能为企业创造更多的经济效益。这样一来无疑就增加了企业的缴费压力，在很大程度上降低了企业的竞争力，不利于企业的长远发展和进步。 3.损害一些工作人员的切身利益。众所周知，延迟退休就意味着推迟领取养老金的时间，而且还会缩短领取养老金的年限。这样一来对于那些内退的人员、失业的人员和下岗人员来说无疑影响了他们切身的利益，而这种情况的存在是普遍的、不可忽视的。所以说，延迟退休给相关的工作人员带来了很大的困难，减少了相关工作人员的经济收入，降低了相关工作人员的老年生活水平。四、应对延迟退休所带来问题的措施通过上述对现行社会体制下，我国实施延迟退休给相关的工作人员带来的困难和问题是不可忽视的，但是延迟退休又是为了促进我国发展，提高我国竞争力，使我国获得更多的经济效益和社会效益的必然趋势。所以根据我国的国情和社会发展的现状，提出切实可行的应对延迟退休所带来问题的措施是十分必要和重要的。笔者根据相关的调查研究和多年的工作经验，总结出以下几点应对延迟退休所带来问题的措施。 1.解决养老金双轨制问题。现阶段我国实施的养老金缴纳制度存在双轨制，具体来说就是国家公务员等相关的工作人员在工作期间不仅不需要缴纳养老金，而且退休后还会享受比较高的养老保险，而对于一般的工作人员来说只有在工作期间缴纳了一定的养老金，在退休后才能够领取相应的退休金。这样一来不仅由于不公平制度存在降低了相关工作人员的工作热情和工作积极性、而且在很大程度上减少了养老金账户的收人，而且增加了养老金资金的缺口。所以实施养老金并轨能够有效的缓解上述问题，从而从根本上促进国家经济的发展和社会的进步。 2.实施柔性退休制度。柔性的退休制度能够有效的缓解强制退休制度给相关工作人员带来的压力。柔性退休制度需要包括提前退休年龄制度规范和规定退休年龄制度规范，可以在相关的工作人员达到提前退休年龄时自行选择退休还是继续工作，而且要有相关的制度规范对这些工作人员进行管理、在达到提前退休的年龄时可以退休但不能享受全部的退休金，而达到规定的年龄退休的人员可以享受全额的退休金。 3.科学地提高退休的年龄。科学地提高退休年龄能够有效的缓解由于一刀切给相关工作人员带来的压力和恐慌，可以提前做好相关的宣传和准备工作、通过试行来逐步提高退休的年龄。要做好相关的调研工作，不能操之过急，科学合理的来规划和完善养老制度，在缓解现阶段养老资金缺口比较大的问题的基础上减少相关工作人员的压力，进一步提高我国的 Frontier 前沿汇国民经济和竞争力，促进我国更好更快的发展和进步。综上所述，我国实施延迟退休制度是大势所趋，也是缓解我国养老资金缺口，减轻国家财政压力的重要方法，但是在实施的过程会给相关工作人员带来一定的困难和压力。所以根据现阶段我国发展的实际水平，不断的完善延迟退休的相关的制度规范是十分必要和重要的，也是需要相关的工作人员一直努力的方向和目标。IM National Social Sciences Database 参考文献 \[1\]冯锦彩，王杰，我国延迟退休政策的利弊分析及政策建议J.现代商业，2015(21) \[2\]苏梦曦.关于延迟退休政策的思考以及政策建议\[J\].现代经济信息，2015(5) 网购消费者抱怨行为的影响因素及补救措施金龙哲延边大学经济管理学院摘要：顾客抱怨是目前网上购物较为常见的现象。如果企业对顾客抱怨没有处理或处理欠妥，将会导致大量的顾客流失以及相应的经济损失。因此，本文通过对目前网上购物的现状分析，提出了影响网购消费者抱怨行为的影响因素及面对抱怨行为时的补救措施，以促进网购的健康发展。关键词：网上购物消费者抱怨行为补救措施一、我国网上购物的现状随着电子商务的迅猛发展，我国网购市场的规模不断扩大。从2007年至今，我国网民的数量急剧增长，网上购物的比例也随之增加。因此，各大网购网站为了抢占商机，致力于打造更加简单方便的购物平台，这样可以吸引更多的互联网用户前来购物，使得网购的门槛越来越低，只要会上网就可以学会网络购物。现在我们随处可以看到许多中年人甚至老年人进行网上购物，可见网购已经不是年轻的专属，网络购物市场的逐渐成熟，使网上购物呈现出巨大的发展潜力。然而，网购市场在快速增长的同时，网购投诉事件也频频发生，严重挫伤了顾客上网购物的积极性。网络服务的服务人员与顾客之间的地域和空间的距离差异，是网络服务服务失败的一个直接原因，很难避免。而网络服务失败的出现，也给网络商家带来了难以估量的顾客损失和经济损失。因此，网络商家在服务失败后采取有效的补救措施成为企业重获顾客满意，维持顾客忠诚的最有效途径。补救措施是网商针对网购失误和网购投诉的顾客提供的一种服务。网络商家及时的服务补救能够有效减少消费者的差评，获得消费者的谅解。服务补救质量的好坏对于挽回顾客满意以及维持顾客忠诚的影响很大，而这种影响又对顾客实际的购买行为起关键作用。因此，加强网络商家对服务补救的重视，提高网络商家的服务补救意识，改善网络商家的服务补救措施显得十分重要。二、网购消费者抱怨行为的影响因素 1.顾客因素了解顾客抱怨行为的影响因素，对于处理顾客抱怨行为有很大的帮助。消费者的抱怨行为是在消费者消费以后，因这段消费经历而产生一定程度的不满，并且消费者不可能很快遗忘该不满。消费者的这种抱怨行为是--种发泄愤怒以寻求补偿的方式。因此，顾客作为一个独立的个体因素，可以对抱怨行为产生影响。许多学者研究表明，教育程度和收人水平较高的顾客更倾向于直接投诉。性别对于顾客的抱怨行为也有一定的影响。我们都知道，男性比女性能更愿意公开地表达自己的不满，并且当他们严重不满时比女性更愿意采取强烈的行动，相反女性在公开场合发表见解时更为敏感和拘谨，更加不会采取相应的激进行为。因此，女性在网购时，进行公开抱怨的可能性较男性要低。同时，消费者性格的不同，也影响抱怨行为。个性积极的顾客，可能会觉得自己也要对所发生的事情负责任，因而较少有抱怨；个性消极的顾客，可能会觉得自己的命运被商家所掌控，受到了商家的欺骗，因而抱怨的可能性更大。此外，有研究发现，抱怨倾向还与顾客对抱怨的态度有关。如果顾客认为抱怨是合情合理的正常行为，那么抱怨的可能性就很大。如果顾客认为抱怨并不是解决问题的方法，而需要耐心的与服务人员进行沟通，那么就不会产生抱怨。数据库 2.情境因素有学者认为，情境因素有利于理解顾客的抱怨行为。对产品或服务的不满意是导致顾客抱怨行为的原因，顾客不满意是抱怨行为的直接原因，而产品缺陷或服务缺失是引起顾客不满意的主要原因。并且顾客直接投诉与其不满程度之间是存在着一定的线性关系的，也就是说，不满程度越高，直接投诉的可能性就越大。产品的重要性也与顾客抱怨行为有关。而产品重要性的评估指标主要是产品的消费金额以及在生活中的必要性和能见度。如果出现问题的网购产品的价格较高，且人们在生活中对该产品较为依赖，较为重要，那么顾客采取抱怨行为的可能性就会越大。顾客在网购过程中的参与程度也会影响顾客的抱怨行为。顾客在网购过程中的参与程度越高，其所承担的责任也就越多，在产品没有达到期望值时更倾向于不抱怨。而参与度低的顾客，由于没有相应的责任归属、更容易感到生气或愤怒，而出现抱怨行为。如果顾客将产品的缺陷或服务的不周归因于企业，则往往会导致抱怨行为的产生。如果顾客将问题归因于自已或企业以外的其他因素，则更倾向于不抱怨。有些顾客会觉得服务行业也不容易，如果服务人员因为自己的抱怨而受到惩罚，内心会感到不安，因而往往不提出抱怨。购买频率和交易频率也影响顾客抱怨行为。购买频率和交易频率越高，直接投诉的可能性越大。此外，如果企业声誉良好，顾客会觉得自己抱怨成功的可能性越大，更倾向于选择直接抱怨。 3.文化因素文化也是影响顾客抱怨行为的重要因素。文化作为一个复杂的整体，它的覆盖面很广，包括信念、艺术、道德和习俗等等。权利的不平等性对网上购物顾客的影响主要是，在享受服务的过程中，权利相对较弱的顾客会比较容易接受权利的不平等，因而不常出现抱怨。对于权利相对弱势的顾客而言，抱怨行为也与其教育程度和沟通技巧等成正相关。一般认为，在集体主义意识较强的人群中，人们更倾向于私下抱怨，而不会采取过激的抱怨行为。因为在集体主义的文化氛围下，人们会优先考虑维持社会和谐或者与人为善，和睦相处，所以一般不会在公共场合直接表达自己强硬的态度或者负面的情绪，以影响周围和谐和他人心情。在个人主义意识较强的人群中，顾客常常不会考虑给他人带来的不便，一旦产品或服务使他们不满意，就会采取积极的措施来表达自己的意见，行使自己的权利，对商家进行投诉和抱怨。同时还要考虑社会的性别划分，如果整个社会偏于男性化，则网购失败的客户一般会采取较为直接和果断的方式来表达自己的不满，如果整个社会偏女性化，则顾客一般会采取较为温和的方式处理问题，以示其较强的责任感。这也是在网购过程中，女性较男性不常采取直接抱怨行为的一个解释。三、网购消费者抱怨行为的补救措施 1.事前防范要得力目前随着大量频繁的顾客抱怨事件发生，已经严重损伤了企业与顾客的关系以及耗减了企业的资源。因此，企业应该充分认识到顾客抱怨的两重性和重要性，积极采取有效的补救措施来尽可能地避免网购消费者抱怨行为带来的危害性。当然，我们首先要做的就是未雨绸缪，把顾客抱怨行为消灭在萌芽阶段。作为网上购物的服务人员，应该学会预知客户可能会	__label__neg	null	null	null	null	null
zh	N/A	N/A	分析新形势下加强行政事业单位内控管理的必要性与对策摘要：行政事业单位通常是指隶属于中国政府的相关职能组织，具有很强的服务性和公益性。因此，内部控制制度应该从公共福利和服务的角度来发展。行政事业单位应从战略发展的角度认识内部控制管理，积极完善内部控制管理的组织设置，提高风险识别能力，加强内部控制管理的可持续性，保证行政事业单位工作的良性发展。文章从行政事业单位内部控制管理的必要性出发，分析了新形势下加强行政事业单位内部控制管理的途径。关键词：行政事业单位；内部控制管理：必要性在新形势下，我国行政事业单位的行政管理工作也出现了许多新的问题和方法。在内部控制管理中，行政事业单位内部控制管理不同于一般企业内部控制管理。行政事业单位通常是指隶属于中国政府的相关职能组织，具有很强的服务性和公益性。因此，内部控制制度应该从公共福利和服务的角度来发展。目前，行政事业单位内部控制管理中还存在着认识不足、效率低下、风险防范措施不到位等问题。因此，行政事业单位应从战略发展的角度，探索加强内部控制管理的途径，以促进更好地为公众服务。一、行政事业单位开展内控管理的必要性分析 (一)加大对政府权力的监督力度行政事业单位主要是由中国政府管辖的职能单位。因此，行政事业企业不仅有义务和服务的双重功能，而且还具有政府授予的管理权力。如果没有有效的监督机制，行政长官的权力是不平衡的，这造成了无所事事、腐败等情况的发生，内部控制管理行政机构的权力，可以有效地监督机制，通过"无损”和预防机制。此外，通过内部控制管理，可以限制自由裁量权，并建立有效的监督机制，以确保权力的运作，并促进诚信建设的正常运作。 (二)加强利用财政资源的科学性质在行政机构中，科学利用财政资源与工作效率密切相关。因此，加强行政机构的职能和实现公共服务的目标尤为重要。目前，中方仍有许多漏洞行政部门在管理该基金，比如缺乏管理和预算执行情况，削弱了资金，缺乏监督机制，以及缺乏有关内部审计活动的独立性，通过内部控制机制和科学管理和合理使用资金应予加强，完善权力和行政职能，保证公共服务质量。 (三)促进财务活动的合理管理目前，我国的税收改革正在加强。在税收和税收制度改革的背景下，重点是明确的责任、过程控制、节点管理和提高内部控制的效率。因此，加强有效监测和管理行政机构内可以提高企业内部行政管理，把行政资源，促进一体化的企业内容管理、实务，如预算、资产、财政、会计等，并确保正规化和精简行政机构的内部管理。 (四)提高单位的风险防范《行政机构内部控制条例》(试点)明确规定了内部控制管理与行政企业风险防范之间的关系。企业在行政方面差别很大的风险剥削男女企业家面临，主要涉及服务有关的风险，以及会计、风险管理内部控制框架有助于提高企业风险管理，查明和消除产生有效的风险控制项目里程碑和重要节点。 (五)改进标准管理系统的建设在现代管理活动中，内部控制不仅在结核性约束和预防风险方面是有效的，而且还可以提供有针对性的指导和完善的管理系统。在行政管理方面，为每个部门提供服务的清晰性和质量，以及提供服务的过程对行政管理工作的评价产生了重大影响。然而，内部监督管理可以改善战略发展和短期效益的管理制度，从而有效地促进行政机构管理的发展。二、行政事业单位内控管理存在的问题 (一)缺乏对内控管理制约作用的认识目前，许多行政机构的内部控制和管理已经陷入了瓶颈，其特点是规范化。这在很大程度上是由于对单位领导作用的认识不足。一些行政机构更注重业务发展，认为内部控制只涉及金融交易，因此内部控制的管理效率低下。 (二)内部控制管理系统不足调查显示，我国行政管理制度的内部控制系统的建设方法如下。第一、内部控制系统的建设是不够的。一些单位对内部控制的管理缺乏全面的理解，导致缺乏对关键核心的内部控制，例如风险评估过程不清楚，业务约束机制也不清楚。第二、内部控制制度缺乏诚信，权力下放是行政机构内部控制制度建设的一个重大问题。 (三)内部控制的管理过程不够有效第一、行政管理责任不明确，并且许多部门、非全时工作以及更重要的是，我们决不能建立各种机制，例如隔离，而且某些采购人事管理体系、出纳员和批评的也可以创造机会腐败容易检索。第二、行政机构不能在制度和地位上相互监督，不能保证预算控制的有效性和执行。 (四)风险评估在科学上和成本上都很低在扩大行政职能和增加业务方面，业务风险的考虑没有得到改善。某些行政机构没有必要的机制，确定和评估风险管理领域的体制安排、管理、人事管理、财务管理等，导致重大缺口的主要要素的行政结构，造成财产损失和减少浅议工商管理的热点问题及发展趋势 _左迁王岚琪_ 摘要：文章从具体分析工商管理的热点问题着手，主要阐述企业战略管理、人力财务管理和文化资源管理三部分内容；具体分析未来工商管理的发展趋势，包括进一步加强企业知识管理和企业信息化管理两个部分。希望能够使更多相关人士认识到现阶段工商管理方面出现的热点问题，了解本行业发展趋势。关键词：发展趋势；热点；工商；管 _理_ 现阶段，社会经济的不断发展进步，也对工商管理产生了新的要求，需政府的信誉。三、加强行政事业单位内控管理的对策 (一)从战略发展角度认识内控管理行政机构必须了解战略发展的内容管理。第一、我们将组织大规模的培训课程，以审查中国颁布的行政机构的内部控制条例。第二、领导团队必须在提高对内部控制的认识方面发挥主导作用。第三、有必要采取科学合理的措施，加强对行政机构的内部控制和管理，并确保执行相关措施。 (二)改进组织和内部控制管理组织内部控制管理和管理企业内部控制是非常重要的。当主要负责组织和管理应被视为一般指导，重点是内部监督服务提供咨询并与一般原则、相称原则内部管理控制内部管制系统的部门，例如采购、财务、内部审计和监督的纪要不断地扩大工商管理研究的范围。现阶段，准确地抓住工商管理工作存在的热点问题，深入地了解工商管理的发展趋势，这不仅是相关的工商管理部门需要深人研究的内容，同时也是相关行业企业应密切关注和深刻剖析的课题。一、分析工商管理的热点问题 (一)企业的战略管理问题企业的战略管理就是指包括人才开发战略、融资战略、品牌战略、发展战略、营销战略以及竞争战略的统称，并且企业战略也是对其自身企业发展的基本性、长期性以及整体性的计划与筹律。与此同时，有必要确保内部监督管理的相对独立性和权威，以确保工作的顺利进行。 (三)加强对风险识别和预防的控制第一、行政机构应首先加强风险评估机制，每年至少进行一次分析评估。第二、在完成风险评估后，内部监督司应进行综合评价分析，并编写相关报告，作为后续行动的基础。第三、通过定量和定性的分析，加强了关键节点的风险评估和管理。 (四)加强内部控制管理的可持续性至关重要的是，行政机构应建立长期机制，以确保内部控制的可持续性。内部控制的管理显然是动态的，必须在内部监督管理的框架内进行。通过长期管理，可以在行政企业中创造良好的内部控制条件，从而创造有利于管理和管理单位的内部控制环境。谋。决定着企业发展的最终方向和发展前景的就是企业战略，在没有明确建立市场经济体制之前，工商管理和工商管理研究中最不受重视的工作之一就是企业战略。大部分企业在自身的发展中，对于企业战略仍旧不够重视，更多只考虑产品、市场和利润，对于企业战略的关注度比较低。比如说，一部分企业在进行发展决策的提议中，并没有根据自身的实际发展情况提出适用于企业的可行性任务和战略目标，同时也没有构建完全适用于自身企业的发展战略。在确立市场经济体制以后，工商管四、结论在新形势下，行政事业单位内部控制管理工作也出现了新的变化。行政事业单位应从战略发展的角度认识内部控制管理，积极完善内部控制管理的组织设置，提高风险识别能力，加强内部控制管理的可持续性，保证行政事业单位工作的良性发展。参考文献： \[1\]王喜梅.新形势下加强行政事业单位内控管理的必要性与对策\[J.财会研究， 2015(11). \[2\]张大宝.行政事业单位内控制度存在的问题及对策探析\[J.时代金融，2015(35). \[3\]张岩峰.探讨新形势下行政事业单位内控制度建设\[.财经界(学术版)，2014 (18). (作者单位：青海省地震局)	__label__neg	null	null	null	null	null
zh	N/A	N/A	从发明要实际解决的技术问题角度看结合启示 _周_ 琦^ 摘要：在评判创造性的三步法中最为关键的一步就是判断该发明是否具有显而易见性，而显而易见性认定的关键就是判断结合启示中发明所要实际解决的技术问题的确定，发明所要实际解决的技术问题在审查中具有承上启下的关键作用。本文主要通过两个创造性案例进行分析，对审查实践遇到的“在确定发明所要实际解决的技术问题”过程中出现的问题及其对创造性审查结论的影响进行分析和讨论，阐述确定发明所要实际解决的技术问题对于结合启示认定的指导性作用。关键词：创造性结合启示技术问题技术领域一、引言 “技术问题”顾名思义就是指现有技术中存在的缺陷，在判断发明是否具有显而易见性时，如何准确的把握发明所要实际解决的技术问题是核心所在，这种核心指引着本领域技术人员去寻找解决该问题的技术方案。我们要分析发明所要实际解决的技术问题的关键作用，首先就要来明确发明所要实际解决的技术问题是如何确定的。我国现行《专利审查指南》第二部分第四章第 3.2.1.1节规定，在审查中我们应当以所属技术领域普通技术人员的眼光，客观地分析发明所要求保护的技术方案相对于最接近的现有技术所具有的技术效果，并以此为根据来确定发明所要解决的实际问题。要客观地确定所要解决的技术问题，就要研究该申请、最接近的现有技术和在技术特征(结构的或者功能的)方面该发明与最接近的现有技术之间的区别，然后形成技术问题。由此可见，技术问题的确定应当是一种事后知晓的问题，即立足于申请文件中的技术主题，对比检索到的最接近现有技术，找出区别特征，进而确定申请文件中的技术主题实际解决的技术问题。但是，在我们的日常审查中，审查员的思路与发明人的思路本质上是不同的，审查员在检索对比文件时，实际上是已经知晓了该申请的技术方案，对于申请文件实际解决技术问题所采用的技术手段也是知晓的，因此其可以通过在专利库中直接检索而得到，这种情况就很容易导致审查员忽略该区别技术特征的整体性作用，即只考虑区别技术特征本身所能达到的技术效果，而不考虑该技术特征在与最接近的现有技术结合的其他文献中的实际作用。这样分析出的发明要实际解决的技术问题往往是不全面的，从而影响后面的结合启示的判断，把一些明明没有结合 \作者单位：国家知识产权局专利局专利审查协作江苏中心。个中华人民共和国国家知识产权局.专利审查指南\[M\].北京：知识产权出版社，2010：134. 基础、不存在技术启示的文献生搬硬套的凑在一起。理解了这一点，才能理解评判创造性的过程中，在最接近的现有技术的基础上客观认定发明所要解决的技术问题的重要性；为什么在考虑使用对比文件结合评述创造性时，《专利审查指南》特别强调与最接近的现有技术相结合的文献不仅需要公开区别技术特征，还要求该技术特征在结合的文献中所起的实际作用与区别技术特征在该发明的技术方案中所起的作用相同。二、如何准确的确定发明所要解决的技术问题* 通过上面的介绍，我们已经明确了发明所要实际解决技术问题的重要性，一般本领域技术人员对于技术问题的认定有以下几种情况，首先(1)专利申请说明书中，记载的发明所要实际解决的技术问题；(2)专利申请说明书中未记载区别特征对应的技术问题，本领域技术人员依据本申请的记载归纳总结出来的技术问题；(3)审查员经过初步检索，依据现有技术判定出r该发明实际解决的技术问题。这三者的关系是相互关联，相辅相成的。笔者认为，专利申请说明书中记载的技术问题很可能并不是该发明实际要解决的技术问题，技术问题应该是要求保护的发明实际能够解决的，而不是专利申请文件中声称的想要解决的技术问题\。专利申请文件中最重要的部分就是权利要求书和说明书，其中权利要求书是该发明所要保护的技术方案的具体形式，在申请文件中起着举足轻重的作用，而说明书则是权利要求的依据，是对权利要求所要保护的技术方案的详细说明。审查员不能仅依据申请人在介绍背景技术时所认定的发明实际要解决的技术问题，因为这可能仅仅是发明人心中的现有技术，并不等同于真实的现有技术，故说明书中所描述的背景技术的问题也可能不是该发明实际要解决的技术问题。因此本领域技术人员应站在本领域的角度上，恰当合理地选定最接近的现有技术，合理地归纳整理出该申请实际要解决的技术问题，审查员只有基于上述判断确定出的技术问题，才能使得审查意见易于被申请人所接受。以下通过两个创造性评判案例r分析，对该案在创造性评判中技术启示认定不一致的情形进行详细分析，着重分析发明实际要解决的技术问题对于技术启示认定的关键作用。三、案例分析* (一)案例分析一 1.案例一现有技术中门式起重机无法在斜坡上正常作业，本领域技术人员常用的解决办法是通过修建调坡基础找平并在其上放置轨道，以使门式起重机的支腿走行于轨道之上进行水平状态下的作业。但是此种办法工程造价高，并且调坡基础无法重复利用，针对上述问题，该申请提供了一种可在坡道上走行和作业的门式起重机，该门式起重机通过在其可伸缩支腿的底部设置液压油缸以改变可伸缩支腿在纵坡上的高度始终处于水平状态，从而实现可伸缩支腿和固定支腿在上、下方向上起伏始终保持铅直状态。参见图1，图2和图3。图1门式起重机侧视图图2门式起重机可伸缩支腿图3门式起重机固定支腿的局部放大图经过检索，审查员找到了两篇对比文件，其中对比文件2(如图4、图5所示)是审查员认为公开该申请发明点的对比文件。对比文件2公开了一种履带式钻探设备，包括工作台和设置在工作台上的钻探装置，还包括设置在工作台下方的行走装置和调平支撑装置，其中调平支撑装置包括固定支腿42、第一变幅支腿43和第二变幅支腿41；固定支腿、第一变幅支腿和第二变幅支腿的上端分别与工作台的底部连接，且三个连接点不在一条直线上；该装置可以适用于崎岖不平，坡度变化大的施工环境，且能进行调平操作。由于对比文件2的结构与该申请略有不同，因此审查员在评述时采用了 D1+D2 两篇评述该申请的权利要求，而对比文件1则是与该申请相同的装置的框架结构。图4对比文件2的附图1 图5对比文件2的附图2 审查员依法发出通知书，经过两次沟通，申请人均未修改权利要求，审查员准备依法作出驳回决定，驳回所针对的权利要求就是原始申请文件的权利要求。审查员按照“三步法”来分析评判该技术方案的创造性。在此，由于对比文件1与该申请领域相同，大致结构类似，因此审查员将对比文件1作为了最接近的现有技术。其区别技术特征采用对比文件2来进 ③3此条款在2020年10月17日第四次修改的专利法中变更为第六十四条第一款。行评述，其支腿结构具体由呈纵向布设的变副支腿41和43(相当于该申请的可伸缩支腿)和固定支腿42构成，变副支腿41和43与工作台的底部之间设置有液压油缸，液压油缸一端固定于履带起重机工作台底部上，另一端固定于支腿结构的底部；且其在对比文件2中所起的作用与其在该申请中所起的作用相同，都可以有效的实现起重机械的坡道运行，使其固定支腿和伸缩支腿在上下起伏方向上处于铅直状态。也就是说对比文件2给出了将该技术特征用于该对比文件1以解决其技术问题的启示，在这种启示下，以及本领域技术人员深知履带起重机和门式起重机是有很多共性存在的基础上，本领域技术人员有动机将这种支腿结构应用于对比文件1中的门式起重机的走行大车上。 2.两种不同的观点在判断对比文件2能否给出将其结合于对比文件1的技术启示时，，一种观点认为，对比文件2虽然属于履带式起重机，但是其与该申请一样都是起重机领域，并且两者所要解决的技术问题是一样的，都可以方便门式起重机的爬坡，即如何使得起重机适应不平的路面；其本质都可以使其固定支腿和伸缩支腿在上下起伏方向上处于铅直状态，从而有效的实现起重机械在不平整的路面运行，因此对比文件2可以给出启示。而另一种观点则认为，两者的领域虽然相近，但是并不相同，从而采用的技术手段也不尽相同，不存在结合启示。对于上述两种观点，哪种更为合适? 3.思考与讨论笔者认为，首先，在创造性的评述过程中，一个重要的问题就是我们要理解申请人为什么要改进现有技术，改进哪方面，然后再去考虑如何来改进这个问题。只有在我们了解申请人为什么要改进现有技术这个问题之后，我们才能合理的确定发明要实际解决的技术问题。如果我们在这一认定环节出现了理解偏差，那么就极有可能导致创造性评判结果的偏差。对于该案而言，审查员在确定发明实际要解决的技术问题时，没有周全的考虑该申请做出的改进目的，忽略了申请人采用可伸缩支腿的目的是为了解决门式起重机行走时不能爬坡的问题，仅仅从区别技术特征本身来认定其作用，没有将区别技术特征放在权利要求所要求保护的整体的技术方案中进行考虑，这种做法实质上违背了“三步法”的精神。-一个特征在不同的应用背景下与发明的其他特征相结合所产生的技术效果并不一定相同。在上述案例中，区别技术特征就在于该申请的支腿结构的特点，仅从单个技术特征的表面上来分析确实是这样的，但实际上该发明中门式起重机这些结构部件与可伸缩支腿是相互配合不可分割的，因为两者配合除了可以达到调节门式起重机整体平衡的技术效果外，其还有一个重要的作用就是该装置可以实现边行走边调节的技术效果。因此从本质上来说虽然对比文件2看似公开了上述区别特征中的一部分，但是实质上所公开的技术特征与该发明不同；而我们对于技术启示的认定应当以本领域技术人员的眼光，以解决的技术问题为出发点，判断该特征是否在现有技术中给出了启示，采用了与该申请相同的技术手段来解决这一技术问题。从这一角度来看，对比文件2不存在结合启示。其次，从所起作用的角度考虑，该发明做出的改进以及对比文件2中所公开了特征表面上都是为了“调节起重机的平衡”，但是就该结构特征本身而言，两者起到的作用是不一样的。该发明中将可伸缩支腿安装在门式起重机上，而该起重机是一种高大的重型机械，其重心较高，在坡道上走行时，较易发生倾覆事故，为了避免门式起重机在坡道上走行时发生重心变化而造成倾覆，该案申请中具有由液压油缸的可伸缩支腿，可以使门式起重机在走行和作业时始终处于水平状态，确保重心不变。而对比文件2由于是履带型起重机，其能够在崎岖不平、坡道大的地方走行采用了履带式的行走装置，而调平支撑装置中变副支腿的主要作用则是在履带设备固定后进行调平操作，因此，对比文件2所公开的特征与该申请的目的和作用并不相同，对比文件2不存在结合启示。 1.案例二该案属于车辆传动与操纵技术领域，具体涉及一种用于机械式自动变速系统的，以齿式离合器结构为设计构成的，直接作用于定轴式变速箱换选档轴的，具有自动与手动转换功能的机械自动变速系统选换档执行机构，发明的目的是为大功率、多档位重型车辆的机械式自动变速系统提供一种结构简单紧凑、易于实现车内布置、控制便捷的，具有自动与纯手动操纵模式转换功能的选换档执行机构(如图6所示)。图6该申请结构图其中审查员也是采用了两篇对比文件来评述本申请，对比文件1公开了与该申请领域相同，并且结构相类似的选换挡执行结构，而对比文件2(如图7所示)则涉及一种数显型防爆阀门电动装置，具体公开了该申请与对比文件1的区别技术特征，并且其解决的技术问题也是使选换挡执行机构具有自动与手动转换功能。图7对比文件附图 2.两种不同的观点在判断对比文件2能否给出将其结合于对比文件1的技术启示时，如果直接从分析技术领域是否相近或者相关的角度出发，一种观点认为，不能用于评价该申请创造性，因为对比文件2与该申请的技术领域相差很大，虽然所要解决的技术问题相同，所采用的技术手段也相同，也能达到相同的技术效果，但本领域技术人员在发明车辆的操纵装置时，不会想到从阀门的操纵装置中去获取某种启示。另一种观点则认为，该申请所要解决的技术问题是“如何手动和自动地操纵选换档执行机构”，而执行机构同时具备手动和自动操纵功能是大多数领域都会面临的问题，本领域技术人员在解决手动和自动地操纵选换档执行机构这一技术问题时，在本领域中没有找到合适的技术手段时，会从其它领域中找寻同时具备手动和自动操纵功能的装置，也就是本领域技术人员有动机从其他领域中寻找能够解决该申请技术问题的技术手段，因此对比文件2是可以给出技术启示的。可见从技术领域以及技术问题角度出发，会产生两种不同的观点。 3.思考与讨论首先，在审查中我们应当客观充分地分析并确定发明实际解决的技术问题，为此我们应该确定要求保护的发明与最接近的现有技术之间的区别是哪些，然后根据该区别特征所能达到的技术效果来合理的确定发明实际要解决的技术问题。从这个层面上说，发明实际解决的技术问题是指为了获得更好的技术效果而对最接近的现有技术进行的一种任务、手段；在明确了技术问题之后，《专利审查指南》规定在三步法第三步判定显而易见性时，就应该从“发明实际解决的技术问题”出发进行判断，换句话说，就是在判断结合启示时，第二步的发明实际解决的技术问题是关键所在，从而判断本领域技术人员是否有动机到对比文件所涉及的领域去找寻该技术问题的解决手段，在这个过程中，本领域技术人员要合理的判断所要结合对比文件的技术领域与该发明实际要解决的技术问题两者之间能否相关这个问题。笔者认为，发明是否具备创造性，应当基于所属技术领域的技术人员的知识和能力进行评判，而本领域的技术人员还具有进行逻辑分析、推理或者有限的试验能力，本领域技术人员不仅知晓所属技术领域的所有普通技术知识，还应当具有从其他技术领域寻找所要解决的技术问题的技术手段。当然，通常来说，技术人员是先发现“本领域”或者是该发明所涉及的技术领域的现有技术中存在的问题，然后带着该问题去寻找解决该问题的技术手段，而当无技术领域相同或相近的现有技术时，可考虑选择与发明技术领域不同，但能够实现发明的功能，并且公开发明的技术特征最多的现有技术。就该案而言，虽然阀门的操纵装置和车辆的操纵装置这两个技术领域相差很大，但是当遇到要解决选换档执行机构同时具备手动和自动功能这个技术问题时，无论是阀领域、还是其他领域，只要其可以解决上述技术问题，并达到同样的技术效果，那么这些对比文件都应该当列入本领域技术人员考虑的范围之内。在此基础上，在本领域没有遇到相应地解决办法时，本领域技术人员应当具有从其他领域中寻找所要解决技术问题的技术手段，即两者都是采用电机、减速机构、离合齿轮、输出轴构成的自动操纵装置，由手柄或拉杆和拉臂构成的手动操纵装置，从而将能够实现同时具备手动和自动这一功能的其他领域中的所采取的技术方案用于该申请的选换档执行机构中。因此，对比文件2所公开的特征与该申请的目的和作用是相同，对比文件2存在结合启示。结合该案，可以看出，在考虑区别技术特征是否被另一篇对比文件公开且作用相同时，我们还是应该追根溯源，要从发明实际解决的技术问题出发，考虑所要结合的对比文件的技术领域以及技术问题与该申请的相关性，而不应该一味的局限于技术领域与该申请是否相关，而应当基于技术问题的角度来考虑二者是否具有结合启示。四、结语笔者通过介绍分析上述两个案例，对发明所要实际解决的技术问题对技术启示判断的重要性进行了梳理。笔者认为在以两篇/多篇对比文件结合评价创造性时，首先应当充分理解技术方案，同时了解相应的背景技术，再考滤区别技术特征是否被另一篇对比文件公开且作用相同。合理的确定出发明所要实际解决的技术问题，依据该技术问题来判定对比文件是否给出了相应的技术启示，不要孤立地考虑另一份对比文件所属的技术领域与本申请是否相关，而应当根据对比文件公开的内容判断技术领域对技术特征的限定作用。不能孤立地看待技术领域、技术特征，要从整体上考虑该技术特征是否属于该领域特有，追根溯源，基于该申请所要解决的技术问题，判断本领域技术人员是否有动机到对比文件所属的技术领域去寻找解决该技术问题的技术手段。	__label__neg	null	null	null	null	null
zh	N/A	N/A	家庭禀赋、人力资本与城乡女性就业流动研究 _\_._ \-来自湖北省的城乡调查数据口石智雷余驰内容提要：本文通过在湖北省调查的4442个城乡女性劳动力样本分析城市和农村女性劳动力就业流动性的差异并构建计量经济模型进一步研究女性人力资本变量和家庭禀赋变量对她们是否外出、外出就业流动次数以及回流选择的影响。研究发现家庭禀赋和人力资本对于城乡女性就业流动性的影响具有较大差异。家庭禀赋变量在农村女性劳动力是否外出就业的选择上发挥着重要作用，而人力资本对城市女性就业流动次数和回流选择的影响更为明显。总体来看女性是否选择外出就业主要受家庭禀赋变量影响，而一旦女性选择外出就业后，人力资本变量将对其就业流动次数起主要作用。在当前城市劳动力市场中依然存有对女性劳动力的就业歧视这种歧视削弱了女性的人力资本在就业市场上的竞争力。关键词：家庭禀赋；人力资本；女性；就业流动；城市和农村随着改革开放的不断深入和经济社会的发展，尤其是近些年我国人口流动规模的快速发展流动人口的内部结构发生了重大变化(林李月等，2008)其中最为显著的变化是女性就业流动得到大发展其发展速度大大超过男性，如从广大内陆地区流向沿海地区的年轻女性成为劳动力流动的重要组成部分，并且这些流动女性不仅来自于农村还有很大一部分是城市户口的女性。据国家统计局公布的数据，2005年我国有流动人口14735万人跨省流动人口4779万人其中女性流动人口占49.5%女性流动人口与男性流动人口比重基本持平(国家统计局2005)。 13.费孝通.乡土中国.北京大学出版社，1998：26~30 14.吴重庆.从熟人社会到“无主体熟人社会”.读书2011(1) 15.卢晖临.集体化与农民平均主义心态的形成.社会学研究2006(6)：147~164 16.王铭铭.神灵、象征与仪式：民间宗教的文化理解.象征与社会：中国民间文化的探讨.王铭铭、潘忠党主编.天津人民出版社1997 17.王绍光.私人时间与政治——中国城市闲暇模式的变化.中国社会科学季刊1995(夏) 18.\[法\]涂尔干.社会分工论.渠东译.三联书店2000：257 19.陈柏峰.现代性、村庄与私人生活.学术界2006(4)：291~295 20.夏国锋.村庄公共生活：历史变迁与外力形构.甘肃行政学院学报2010(5)：35~44 21.吴理财夏国锋.农民的文化生活：兴衰与重建.中国农村观察2007(2)：62~69 22.申端锋.新农村建设理论之我见.广东商学院学报.2007(2)：75~78 23.吴理财.农村社区认同与农民的行为逻辑——对新农村建设的一些思考.经济社会体制比较2011(3) (作者单位：华中师范大学中国农村研究院，武汉 430079) 责任编辑：方静半项目来源：本研究得到国家自然科学基金项目(编号：71173240)和国家社科基金项目(编号：11CJY032)的资助。文责自负在我国女性劳动力就业流动情况在20世纪90年代初开始得到各类学科的重视，人口学、经济学、社会学等学科均有所涉入。早期的研究文献多集中从宏观层面揭示女性劳动力流动的整体状况，研究其流动的动因、特征、流向等(中国妇女管理干部学院课题组，1992；孙淑清，1996)这一时期的研究多属于简单的描述性分析，计量经济方法应用不足，缺乏对于女性流动的影响因素分析，因此无法解释不同女性在流动性上的个体差异。近些年，随着女性劳动力转移和流动日益频繁国内外学者对于女性就业流动性的研究也有所深入，尤其是对于女性流动的动力机制的研究成为关注的重点概括起来主要包括：第一社区环境因素。许多女性外出是想体验外面的精彩世界，使自己得到锻炼，他们选择外出不是迫于家庭生活本身的压力，而更多的是受到流入地“拉力”作用的影响(苏群、刘华2003)；郑真真和解振明(2004)则研究认为流出地的经济贫困是农村女性外出的主要“推力”，不流动的女性通常是缺乏技能或在当地已有致富门路；丁立平(2003)认为外出打工者传回的信息是促进农村年轻女性外出就业的直接因素。第二，个人人力资本。尽管学者们普遍认为女性的受教育程度与其就业流动性之间存在相关关系，但大家对怎样的文化程度对流动影响最大却没有达成共识李实(2001)认为初中教育水平的农村女性流动性最高，低于初中教育水平的农村女性流动性明显偏低而初中以上女性流动性增加不明显；王黎芳(2006)则认为具有越高文化程度的女性外出流动性越大因为受教育年限多、文化素质较高的女性往往不甘在家务农。第三家庭因素，尤其是对于已婚女性而言其就业流动性更易受到家庭决策的影响如随着家中学龄前儿童数量的增加，女性更倾向于不流动( Li ，Zahniser ，2002)，丈夫是否外出打工对于女性就业流动也有着显著的景响(Hoy ，1996)；另外陈银娥等(2005)认为家庭及个人积累的社会资本也是农村女性从农业到非农业的职业流动过程的重要影响变量对其在外就业发挥了不可替代的作用。 *从现有研究文献来看，国内外学者对于女性就业流动性已经进行了大量的研究，但多是从个人因素的角度来分析女性劳动力外出就业的影响因素，而对家庭因素关注不够，也缺乏对影响女性劳动力外出就业的人力资本因素和家庭禀赋因素的比较分析。另外国内研究的对象基本放在农村女性的就业流动性上对于城市女性就业流动性的研究还较少更缺乏关于女性就业流动性的城乡比较分析。本文研究将利用来自湖北省的城乡调查数据弄清楚两个问题：第一城市和农村女性的就业流动性有何差异?第二家庭禀赋\\和人力资本对于城市和农村女性是否外出就业、外出流动次数以及是否选择回流分别有何影响?这两个问题既是对同类研究的新发展也是理解城乡女性人口流动过程和机制所需要回答的核心问题。* 改革开放以来尤其是我国劳动力市场正式确立之后女性就业歧视现象一直不断，不仅仅是农村女性劳动力在城市就业受歧视城市女性也不能够在劳动力市场上与男性劳动力公平竞争。通过分析家庭禀赋、人力资本对女性劳动力就业流动的影响我们可以窥探出女性劳动力在劳动力市场上的表现及被歧视的原因。如果由于家庭禀赋状况而使女性劳动力不能选择自由的就业流动，那么这就在很大程度上削弱了她们在劳动力市场上的竞争力，也会影响其人力资本经济效应的发挥。 (一)家庭决策、家庭分工与女性劳动参与在家庭行为的决策方面，新古典经济学通常将家庭视为个体忽视了家庭内部结构对个人的影响。劳动参与在新古典传统理论中是理性行为人在消费和闲暇间进行选择以最大化自身效用的结果。这一分析框架对20世纪60年代以前男性劳动供给行为有很强的解释力，但是将它运用到女性的劳动供给行为分析中则显不足( Lundberg Pollak ，1996)。因在本研究以及问卷调查中对家庭的界定为：有共同的经济预算或者在一口锅中吃饭为一家 *\\在本研究中家庭禀赋是家庭成员及整个家庭共同享有的资源和能力，包括家庭结构、孩子数量、丈夫的职业、家庭经济状况等* 为已婚女性除参与市场劳动以外，还需要将时间配置于家务劳动其产出可供家庭中其他成员消费。新家庭经济学的家庭联合劳动力供给决策模型为此提供了较好的解释其中一个比较有代表性的理论是共同决策模型( Common Preference Models)，该模型假定家庭是单一的决策单位家庭成员均以家庭整体效益最大化为单一目标函数，各家庭成员相互合作每个成员的劳动供给行为都是家庭的联合预算约束以及自身的时间约束条件下极大化这个单一的家庭效用函数的结果。按照新古典的家庭分工理论当妻子的市场工资低于丈夫时，女性的市场劳动时间会少于男性，也就是说女性在家庭劳动上具有更高的比较优势，家庭结构就会对女性的劳动参与尤其是外出就业有着重要的影响，于是家庭分工表现出“男主外女主内”的“生产互补性”模式( Becker ，1981)。而调查数据显示近些年女性平均每天用于家务劳动的时间多于男性的现象下降了(陈钊等2004)，越来越多的女性选择进入劳动力市场以增加自己在经济上的独立性。而 Stevenson & Wolfers(2007)则研究认为\，现代家庭生活已经严重削弱了生产互补性理论的适用性随着家庭子女数量减少和两性工资差距的缩短促使女性劳动力走出家庭而进入劳动力市场。 (二)家庭禀赋与女性劳动力外出就业\\* 20世纪80年代兴起的新经济迁移理论认为家庭才是劳动力外出就业决策的基本单位家庭决策对劳动力就业流动产生决定性影响家庭贫困能够促使家庭内更多的劳动力选择外出就业，以保证家庭生产活动的福利最大化( Stark ，1991)。我国是发展中国家并且城乡二元结构突出，农村经济发展落后，市场化程度较低，尤其是信贷和保险市场缺乏农民在农村的收入来源比较单一，有些地区基础设施建设不足农民是靠天生产。为了改变这种落后被动的局面，减少贫困的风险，增加家庭收入，改善家庭经济地位，户主在与家庭成员商量后自然做出派人外出务工的决定(杨云彦、石智雷2008)。在这种情况下家庭禀赋对家庭成员的外出务工行为和过程有着重要的影响。和男性相比女性的外出就业则表现出较强的家庭依附性(石智雷、杨云彦2009)，主要体现在两个方面：一是以家庭总效益最大化为目标所形成的社会责任，如家庭留守、照顾老人和养育孩子。如果已婚女性选择在家乡就业那么她就有可能一边工作一边照顾家庭其就业的机会成本就会比较小，而到外地就业这些家庭照顾都会成为已婚女性就业的机会成本。由此引出假说1：家庭中有学龄前儿童以及家庭中有子女正在读书女性劳动力更倾向于在家乡就业，一般不会选择外出就业。这种影响对农村女性更为明显。二是如果把家庭禀赋作为个人发展能力的拓展那么家庭拥有的这些资源及其资源利用对女性外出务工以及在外地工作的可获得性有着重要影响。家庭成员的外出务工经历可以为其他成员继续外出务工提供流动支撑网络较早迁移者降低了后来迁移者的就业搜寻成本、环境适应成本等( Car-rington ，Detragiache ，Vishwanath ，1996)。当家庭在迁移区域有亲戚朋友或者家庭成员在该地区具备一定的社会关系时，家庭中女性成员外出务工的概率就会增加并且家庭中其他资源也会推动女性劳动力向外地流动(胡必亮2004)以充分收获自身人力资本的投资回报( Gordon ，2000)。在我国当前城乡二元经济差异明显城乡女性外出就业决策中受到家庭禀赋的影响以及对不同家庭禀赋的依赖程度应该有所不同。这也是本文研究的重点。由此引出假说2：丈夫在外地就业会增加女性外出就业的概率并且会增加女性就业流动的次数尤其是对于那些丈夫在外从事非技术工作的农村女性。考虑到市场化程度和生活保障就会发现家庭禀赋对女性外出就业决策有着不同的影响。巴丹( P. Bardhan ，1999) 通过一个农业家庭模型证明在完善市场条件下家庭优先考虑最大化利润，然后在标准的预算约束下最大化其效用这时家庭的 \* 另外 Stevenson 还认为家庭省力技术的诞生和服务业的发展，让女性从繁重的家务中解脱出来投身于市场。这些趋势促使人们以一种不同于贝克尔生产互补性理论的角度来解释婚姻，现代的婚姻不是基于分工，而是建立在“休闲和消费互补”的基础上这使得有着类似收入和兴趣的男性和女性渐渐走到了一起 \\在本研究中外出就业是指离开户籍所在地到外地就业超过半年以上的行为生产决策与消费决策是相互独立的，即存在“分离特性”；如果存在多种市场的不完善，分离特征不再成立家庭也不再最大化利润，生产决策取决于家庭的偏好和家庭禀赋。另外，在我国目前的城乡劳动力市场分割的现状下，入城打工无法为农民提供一个稳定长远的预期(李楠2009)。因此，在当前我国市场经济的转型期，市场发育不完善城市外来人口社会保障体系不健全，即使女性外出打工可以实现家庭收入的增加，出于回避市场风险的考虑女性也会选择留守在家务农。由此引出假说3：在当前多种市场有待完善的条件下家庭经济条件较好的女性劳动力更容易外出就业。 (三)人力资本、家庭分工与女性劳动力迁移：留守或外出就业家庭最优劳动分工不仅要最大化家庭总产出，而且要考虑个人未来发展能力。新家庭经济学理论在最大化家庭收益目标的同时还考虑了家庭不同成员的人力资本状况，以对不同人力资本状况的家庭成员的迁移选择做出更合理的解释。加里·贝克尔(1998)将人力资本引入到家庭内部分工模型中研究人力资本不同的情况下家庭内部是根据男女就业的比较优势来确定谁做家务劳动和谁参加工作。也就是说家庭成员之间的各种劳动分工部分地由于男女之间的生理差别来决定，部分地由于经验的不同和在人力资本投资上的差别来决定。即使一个有效率的家庭的所有成员在生物学上都是同一的，那么在时间分配和人力资本投资方面，专业化人力资本积累增加的收益也会促进家庭内部的分工。和贝克尔采用的边际分析法不同的是，以杨小凯为代表的超边际分析认为个人做出决策时是首先确定自己的分工与专业化水平，做出决策选择后才转入资源配置问题(杨小凯等，2003)。另外女性劳动力外出就业不仅可以增加自己经济上的独立性，还可以实现自己的人力资本再积累。在女性劳动力做出外出就业的决策过程中家庭依附性概念更多的是解释在现有家庭目标函数约束下女性成员是否可以外出就业。在我国当前的劳动力供求市场上劳动者是否外出就业并不能由家庭内部决策完全确定，女性还需要接受目的地劳动力市场竞争的检验。 Bowen 和 Finegan( 1969) 对人力资本和女性外出就业之间的关系做了分析，认为若其他情况相同女性劳动力外出就业概率的增长与较高的文化程度相联系。参加过技能培训对于农村女性劳动力外出就业也会有着一定的促进作用，因为一般来说只有进入城市就业才可以实现更高的人力资本投资回报。所以，人力资本对于城乡女性就业流动性的影响应该有着明显的城乡差异。另外年龄状况也是影响女性劳动力是否外出就业的重要因素因为年龄不仅体现着劳动者的工作经验也影响着她们的工作能力和外出就业适应能力。假说4：人力资本是影响女性就业流动次数和回流决策的主要因素，且对于城市女性更为明显。假说5：文化程度较高、有一定技能的农村女性劳动力更容易选择外出务工但是对于城市女性则相反。三、城乡女性就业流动的决定因素：家庭禀赋还是人力资本? 本研究对城乡女性就业流动性做了一次较为全面的调研流动对象不仅包括曾经在外地就业过而当前不再外出的女性还包括现在正在外地工作只在春节期间临时回来\以及从外地流入现住地的女性。* (一)研究设计与数据描述本研究使用的数据来自2009年2月中南财经政法大学人口与区域研究中心和统计研究所联合对湖北省五个县(区)\\的城镇和农村居民的入户抽样调查按照概率比例抽样方法( Probabilities Propor-tional to Size) 进行分层整群抽样共调查了4442 位女性地理分布于三个地级市的城市、城郊、县城、乡镇以及偏远的农村。本次调查共发放问卷4500份，有效问卷4442份，有效率为98.7%。调查对象为18~45岁之间的女性，所有问题都由女性直接回答。调查内容包括三个部分：女性及其家庭基本信息、生育意愿、流动性现状及其影响因素。本文采用的资料涉及调查的第一和第三部分女性及其家庭基本 *\本次调研时间选在2009年春节前后，有一部分外出务工者临时回家乡还未返回外出工作地 \\ 调查地点分别为：仙桃市、鄂州市中心城区、鄂州市华容区、黄石市下陆区、黄石市阳新县信息部分具体包括与被调查者关系、性别、年龄、婚姻状况、政治面貌、健康情况、工作流动性、就业状况、户口性质以及相对应的家庭其他成员的基本信息；流动性现状及影响因素部分包括迁移现状、流出原因、外出工作的职业状况、流动中依托的社会关系、培训情况、在迁入地新建的社会网络、外地工作中主要困难以及将来的迁留打算等。本研究所涉及的城镇女性是具有城镇户口的女性劳动力，户口所在地包括中小城市、县城等农村女性是具有农村户口的女性劳动力。另外为了更好地区分女性劳动力走出家庭和离开户籍地外出务工的差异，本文将女性劳动力走出家庭(家务劳动)进入劳动力市场就业定义为劳动参与，而女性劳动力离开户籍地到外地就业定义为外出就业，也是本文所指的就业流动。本文重点研究的是后者。本文选择的研究对象是在18~45岁之间的女性劳动力\，都是正值劳动能力和精力旺盛的年龄如果有孩子孩子一般都还未正式成家至少还没有成为家庭收入的主要供给者。所以处在这一年龄段的女性不仅有劳动能力，而且她们一般还有着家庭经济供给责任。调查对象平均年龄为33.7岁中位年龄为35岁，其丈夫的平均年龄为36.8岁；平均受教育年限为9.4年其受教育程度多数处在小学和初中水平，有46.2%的女性是初中文化程度，但仍有3%的女性是文盲或半文盲。相比之下其丈夫的文化程度要高一些，有近40%的人接受了高中及以上文化教育。按照户口性质分城市户口的女性1514人农村户口的女性2889人，占总样本的65%。按照现住地性质来分，现住地为一般农村的2419人农村集镇的245人，建制镇的658人县城的150人大中城市的948人\。有外地工作经历的1855人占总样本的42%。 (二)模型构建与变量选择从前面的理论分析可以发现女性的受教育程度、婚姻状况、丈夫的流动性以及孩子数量等多种因素都造成了女性就业流动性的差异，但这仅是根** 据以往的研究进行的理论分析还需要调查数据和计量分析为女性就业流动性的理论假设提供可靠的经验支持。本文利用选定的三组不同的自变量，建立了三个回归模型，首先是利用 Logistic 模型分析女性是否选择外出就业的决定因素(M)其次是利用 OLS 回归方法研究城乡女性就业流动次数\\\的影响因素(M，)，另外还进一步探讨了女性回乡后就不再外出的影响因素(M，)。在对女性就业流动的各方面的影响因素分析中重点考察城乡女性的就业流动(M)决定中是家庭禀赋因素(P)起主导作用还是人力资本因素(H)起主导作用。流动决定模型为：其中，M是计量模型中的因变量，自变量具体包括以下一些因素：(1)家庭禀赋变量。在这里选入了一组表示女性就业流动对家庭依附性的变量。女性就业家庭依附体现在两个方面，一方面是以家庭总效益最大化为目标所形成的社会责任如家庭收入、家庭规模、照顾孩子和老人；另一方面体现为家庭的各种资源对女性就业的可获得性有着重要影响，尤其是丈夫的职业和收入(石智雷、杨云彦2009)。因此本文选入的家庭禀赋变量包括丈夫的人力资本状况、丈夫的职业状况、家庭收入、学龄前孩子的数量以及正在读书孩子的数量等。丈夫的人力资本和职业状况不仅会影响女性是否外出工作还会景响她们工作的稳定性。家庭收入是反映家庭对女性劳动者就业的经济依赖或经济支持的重要变量。孩子数量往往表示着家庭的负担值一般来说家庭孩子越多以及年龄越小需要的照顾越多占用劳动者更多的时间女性劳动者越不倾向于到外地就业并且返乡的概率更高一些。(2)人力资本变量。女性劳动力的人力资本是影响其就业流动的重要因素。狭义的人力资本主要是指接受教育的程度。文化程度越高越有机会获得较好的工作和较高的收入，也越倾向于外出就业同样具有一定技术的劳动力更倾向于外出务工且返乡的概率较小。在本文中引入* *\劳动年龄人口是一定年龄之上的人口，该年龄线是为衡量经济特性而规定的在不同的国家有不同的定义。在大多数发达国家，该年龄线定为15岁及以上；在一些发展中国家该年龄线定义得低一些，东南亚、非洲和拉丁美洲的一些国家年龄线定在10~12岁。由于按照我国目前法定退休年龄的规定最早申请退休年龄的劳动者为45岁，为此本文中所选研究对象是18~45岁之间的女性劳动力 \\本部分数据统计中现住地性质缺失数据22人户口性质缺失数据39人城乡人口划分是以户口性质为依据 \\\在本研究中就业流动次数是指在过去的五年内更换工作地点或者工作单位的次数* 广义的人力资本概念除了女性的文化程度外还有年龄、培训等。年龄是决定劳动力就业流动性的重要变量把年龄和年龄的平方作为连续变量放入模型中并预期青壮年女性更倾向于外出就业就业流动次数也越多。培训是更直接的人力资本投资形式。这里的培训既包括工作前的培训，也包括在职培训；既包括职业培训，也包括与现职业无直接关系的培训。 (三)计量结果与分析 1.女性劳动力外出就业的影响因素。从表1的模型估计结果来看，人力资本变量和家庭禀赋变量对于城乡女性是否外出就业都具有显著影响。人力资本变量中年龄和文化程度这两个反映女性人力资本特征的解释变量对女性是否选择外出就业有着显著的负向影响。同文化程度为小学以下的相比，文化程度为高中(包括中专和技校)和大专以上的女性选择外出就业的概率分别降低了约1.309倍和2.953倍。参加过培训的女性选择外出就业的概率远远高于没有参加培训的。在家庭变量中丈夫的文化程度对于女性外出就业的影响并不显著，但是当家中丈夫外出时妻子选择外出的概率是丈夫没有外出家庭的9.311倍。当丈夫为建筑业和制造业工人时，对妻子外出就业具有正向影响，但是并不显著。家中有学龄前儿童对农村女性的外出就业有显著的正向影响，而家中在读孩子数量对于农村女性的外出就业有负向影响。另外家庭总收入对女性外出就业也产生正向影响，家庭经济条件较好的女性外出就业的可能性也更大。表1 女性劳动力外出就业的影响因素： Logistic 模型 \| \| 自变量 \| 城乡样本 Exp(B) \| \| 城市样本 Exp(B) \| \| 农村样本 3 Exp(B) \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| 自变量 \| 城乡样本 Exp(B) \| \| 城市样本 Exp(B) \| \| 农村样本 3 Exp(B) \| \| \| 人力资本变量 \| \| 城乡样本 Exp(B) \| \| 城市样本 Exp(B) \| \| 农村样本 3 Exp(B) \| \| \| 人力资本变量 \| 年龄 \| *\-0.057\\\ \| 0.944 \| \-0.044 \| 0.957 \| \-0.058\\\* \| 0.943 \| \| 人力资本变量 \| 小学以下(参照组) \| NI \| NI \| NI \| NI \| NI \| NI \| \| 人力资本变量 \| 小学 \| \-0.206 \| 0.814 \| 0.905 \| 2.471 \| \-0.236 \| 0.790 \| \| 人力资本变量 \| 初中 \| \-0.108 \| 0.897 \| 0.984 \| 2.676 \| \-0.148 \| 0.863 \| \| 人力资本变量 \| 高中、中专和技校 \| \-0.836\\ \| 0.433 \| 0.427 \| 1.533 \| \-0.867 \| 0.420 \| \| \| 大专及以上 \| \-1.374\\\* \| 0.253 \| \-0.026 \| 0.974 \| \-0.983 \| 0.374 \| \| \| 参加培训 \| 6.770\\\* \| 871.220 \| 6.263\\\* \| 524.683 \| 21.388 \| 2E+009 \| \| \| 小学以下(参照组) \| NI \| NI \| NI \| NI \| NI \| NI \| \| \| 小学丈夫初中高中、中专和技校 \| 0.803 \| 2.233 \| \-0.622 \| 0.537 \| 0.986 \| 2.680 \| \| \| 小学丈夫初中高中、中专和技校 \| 0.691 \| 1.996 \| \-0.297 \| 0.743 \| 0.857 \| 2.357 \| \| \| 小学丈夫初中高中、中专和技校 \| 0.556 \| 1.744 \| \-0.491 \| 0.612 \| 0.734 \| 2.084 \| \| \| 大专及以上 \| 0.123 \| 1.131 \| \-1.096 \| 0.334 \| 1.047 \| 2.848 \| \| \| 丈夫外出就业 \| 2.333 \| 10.311 \| 2.254 \| 9.524 \| 2.360以女 \| 10.593 \| \| 家庭 \| 丈夫为老板或经理 \| 0.195 \| 1.261 \| 0.441 \| 1.554 \| 0.138 \| 1.148 \| \| 变量 \| 丈夫为专业技术人员 \| \-0.022 \| 0.978 \| \-0.003 \| 0.997 \| 0.025 \| 1.026 \| \| \| 丈夫为工人、制造业或建筑业劳动者 \| 0.070 \| 1.072 \| 0.225 \| 1.252 \| 0.072 \| 1.075 \| \| \| 丈夫从事农业生产 \| \-0.025 \| 0.976 \| \-0.405 \| 0.667 \| 0.027 \| 1.027 \| \| \| 在读孩子数量 \| \-0.077 \| 0.919 \| \-0.019 \| 0.981 \| \-0.093 \| 0.911 \| \| \| 家中无学龄前儿童(参照组) \| NI \| NI \| NI \| NI \| NI \| NI \| \| \| 有学龄前儿童 \| 0.459\\ \| 1.582 \| 0.429 \| 1.536 \| 0.469\\\* \| 1.599 \| \| \| 家庭总收入 \| 0.036 \| 1.037 \| \-1.020 \| 1.012 \| 0.058\\ \| 1.059 \| \| 地区 \| 仙桃(参照组) \| NI \| NI \| NI \| NI \| NI \| NI \| \| 变量 \| 鄂州、黄石 \| \-0.602\\\* \| 0.548 \| \-0.440 \| 0.644 \| \-0.634\\\* \| 0.531 \| \| \| 常数项 \| \-0.285 \| 0.752 \| \-1.020 \| 0.360 \| \-0.439 \| 0.644 \| \| \| N \| 2609 \| \| \| 862 \| \| 1717 \| \| \| Cox & Snell R \| \| 0.458 \| \| 0.425 \| \| 0.421 \| \| \| Nagelkerke R \| \| 0.615 \| \| 0.628 \| \| 0.561 \| \| \| 预测正确率 \| \| 83.4% \| \| 88.9% \| \| 80.7% \| 注： NI ( Not Ineluded) 指未包括在模型中；\、\\、\\\分别为0.1、0.05和0.01水平下显著。下同影响女性是否外出就业的因素有着明显的城乡差异。农村的文化程度为高中(中专和技校)的女性外出就业的概率较低。参加培训对农村女性外出就业没有显著影响，而对城市女性是否外出就业具有显著的正向影响。家庭变量中，在读孩子数量、有无学龄前儿童对农村女性外出就业有显著影响，而对城市女性的影响不显著。可见，家庭禀赋对于农村女性是否外出就业的影响要大于其对城市女性的影响。另外丈夫的职业对城市和农村女性外出就业具有不同的影响丈夫的职业对城市女性外出就业影响并不显著；而当丈夫为工人、建筑业和制造业劳动者的农村家庭妻子外出就业的可能性较大。 2.女性外出就业流动次数的影响因素。在对城乡女性外出就业流动次数的影响因素分析中增加了女性在外就业流动时间和她们第一次在外就业时单位选择她们所看重的条件或资源，后者是从社会评价的角度对女性自身人力资本的衡量。从表2模型估计的结果可以发现，对于城乡女性而言她们在外就业流动次数主要由其人力资本变量所决定几乎所有的人力资本变量对女性在外就业流动次数的影响都非常显著相比之下家庭禀赋变量的影响要小得多。这一点和前面城乡女性是否外出就业的决定因素有着明显的不同。由此可见女性是否选择外出就业是由女性个人和家庭环境共同影响的而一旦外出就业后其就业流动次数则主要受个人人力资本因素影响。年龄较大、文化程度较高的女性流动次数较少，而参加过技能培训的女性的流动次数则反而有所增加。相比那些靠关系进入企业工作的女性靠学历、技能以及因为年轻能吃苦而获得就业岗位的女性流动次数要多一些。出现这种现象，是因为在企业里有一定关系有助于女性工作的稳定性而靠学历、技能以及年轻等人力资本外出就业的女性，通过频繁换动工作有助于其获得更好的工作。另外家庭变量中丈夫选择外出就业对于城乡女性外出就业的流动性有着显著的正向影响丈夫选择外出就业的家庭妻子的流动次数比丈夫没有外出家庭的妻子增加了0.271倍。表2城乡女性外出就业流动次数影响因素： OLS模型 \| \| 自变量 \| \| 系数 \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| 自变量 \| 城乡样本 \| 城市样本 \| 农村样本 \| \| \| \| 年龄 \| \-0.015\\\* \| \-0.004 \| \-0.017\\\* \| \| \| \| 受教育年限 \| \-0. 007 \| \-0.009 \| 0.001 \| \| \| 人力 \| 参加培训 \| 0.132\\ \| 0.054 \| 0\. 160 \\ \| \| \| 人力 \| 在外流动时间 \| 0.190\\\* \| 0.188\\ \| 0.190 \| \| \| 资本 \| 在外流动时间 \| 0.190\\\* \| 0.188\\ \| 0.190 \| \| \| 资本 \| 因为社会关系(参照组) \| NI \| NI \| NI \| \| \| 变量 \| 因为社会关系(参照组) \| NI \| NI \| NI \| \| \| 变量 \| 看重学历# \| 0.964\\ \| 1.255\\ \| 0.649 \| \| \| \| 看重技能# \| 0.856 \| 0.900\\ \| 0.836 \| \| \| \| 看重年轻能吃苦# \| 0.741\\ \| 0.905\\ \| 0.703 \| \| \| \| 丈夫外出就业 \| 0.268女大 \| 0.215\\\* \| 0.295 \| \| \| \| 在读孩子数量 \| \-0. 037 \| \-0.088 \| \-0.021 \| \| \| 家庭 \| 家中无学龄前儿童(参照组) \| NI \| NI \| NI \| \| \| 家庭 \| 有学龄前儿童 \| \-0.002 \| 0.134\\ \| \-0.038 \| \| \| 禀赋 \| 有学龄前儿童 \| \-0.002 \| 0.134\\ \| \-0.038 \| \| \| 禀赋 \| 0~1万元(参照组) \| NI \| NI \| NI \| \| \| 变量 \| 0~1万元(参照组) \| NI \| NI \| NI \| \| \| 变量 \| 总 1~5万元收 5~10万元入 10万元以上 \| 0.062 \| 0.017 \| 0.086 \| \| \| \| 总 1~5万元收 5~10万元入 10万元以上 \| 0.136 \| \-0.018 \| 0.301\* \| \| \| \| 总 1~5万元收 5~10万元入 10万元以上 \| 0.136 \| \-0.018 \| 0.301\* \| \| \| \| 总 1~5万元收 5~10万元入 10万元以上 \| 0.123 \| 0.277 \| \-0.110 \| \| \| 地区 \| 仙桃(参照组) \| NI \| NI \| NI \| \| \| 变量 \| 鄂州、黄石 \| \-0.103\\ \| 0.081 \| \-0.149 \| \| \| \| 常数项 \| 0.697\\\* \| 0.262 \| 0.712 \| 大 \| \| \| F值 \| 196.930 \| 82.253 \| 113.670 \| \| \| \| R2 \| 0.500 \| 0.568 \| 0.465 \| \| \| \| 调整后的R \| 0.498 \| 0.561 \| 0.461 \| \| \| \| 样本容量N \| 2768 \| 893 \| 1843 \| \| 注：#符号表示的四组变量是指女性劳动力工作流动过程中第一次到外地就业被工作单位录用所看重的资源或者条件。下同分城乡来看年龄因素对农村女性外出就业流动次数有着显著的负向影响，而对城市女性的影响则不显著；相反，在读孩子数量和家中有学龄前儿童这两个解释变量只对城市女性外出就业流动次数有显著影响在读孩子数量对城市女性流动次数有负向影响家中有学龄前儿童则对流动次数有正向影响可见在城市中生育和抚养是促使女性更换工作的重要原因。另外相对于农村的贫困家庭，经济条件较好家庭的农村女性流动次数明显增加，说明家庭条件较好的农村女性工作换动频繁，家庭的支持能帮助她们获得一份更好的工作。 3.女性返乡后不再外出的影响因素。外出务工劳动力的回流是当前中国一个令人瞩目的社会现象。在本文调查研究中也涉及到返乡后”不再外出的女性劳动力，样本量为1423人。从女性人力资本状况来看，在外参加过技能培训，并且是靠自己学历、技能找工作的女性劳动力更容易选择回流反而那些靠社会关系获得工作的女性劳动力返乡的概率更低。可见在当前城市劳动力市场中，依然存有对女性劳动力的就业歧视这种歧视削弱了女性的人力资本在就业市场上的竞争力。女性在外流动时间越长、在外就业流动次数越多，越倾向于返回家乡不再外出就业这也是当前农村人口城市化所面临的重要问题，即劳动力进城工作多年却不能在城市定居下来。分城乡来看，受教育年限和在外就业流动时间对城市女性劳动力的回流有着显著的影响，而对农村女性回流的影响则不显著；相反女性的家庭禀赋变量中家中有无学龄前儿童对农村女性回流有着显著的影响而对城市女性影响不显著。可见城市女性外出就业后是否回流一般是从自身发展的角度来考虑而农村女性返乡后是否还选择外出就业更多的是从家庭整体效益的角度来考虑。表3 女性回乡后不再外出的影响因素： Logistic 模型 \| \| 自变量 \| 城乡样本 \| \| \| 城市样本 \| \| 农村样本 \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| 自变量 \| \| \| Exp(B) \| \| Exp(B) \| 3 \| \| Exp(B) \| \| \| 年龄 \| 0.016 \| \| 0.984 \| \-0.041 \| 0.960 \| \-0.007 \| \| 0.993 \| \| \| 受教育年限 \| \-0.027 \| \| 0.973 \| \-0.123\* \| 0.884 \| 0.032 \| \| 1.033 \| \| \| 在外就业流动次数 \| 0.473 \| 女大 \| 1.605 \| 1.278以女 \| 3.590 \| 0.399 \| \| 1.490 \| \| 人力 \| 在外就业流动时间 \| 0.021 \| \| 1.021 \| 0.116\\ \| 1.123 \| \-0.010 \| \| 0.990 \| \| 资本 \| 参加培训 \| 1.015\\\* \| \| 2.760 \| 1.167\\\* \| 3.211 \| 0.758\\\* \| \| 2.134 \| \| 变量 \| 因为社会关系(参照组) \| NI \| \| NI \| NI \| NI \| NI \| \| NI \| \| \| 看重学历# \| 2.820\\\* \| \| 16.770 \| 2.819\\ \| 16.763 \| 2.520\\ \| \| 12.428 \| \| \| 看重技能# \| 1.687 \| \| 5.403 \| 2.260以大 \| 9.579 \| 1.613 \| \| 5.018 \| \| \| 看重年轻能吃苦# \| 2.201 \| \| 9.073 \| 2.443 \| 11.507 \| 2.077 \| \| 7.979 \| \| \| 丈夫外出就业 \| 0.875大 \| \| 2.399 \| 0.942\\ \| 2.564 \| 0.835\\ \| \| 2.305 \| \| \| 丈夫为老板或经理 \| 0.428\* \| \| 1.535 \| 0.391 \| 1.478 \| 0.429 \| \| 1.535 \| \| \| 丈夫为专业技术人员 \| 0.154 \| \| 1.167 \| \-0.129 \| 0.879 \| 0.333 \| \| 1.396 \| \| 家庭 \| 丈夫为工人、制造业或建筑业劳动者 \| \-0.041 \| \| 0.960 \| \-0.258 \| 0.773 \| \-0.029 \| \| 0.971 \| \| 禀赋 \| 丈夫从事农业生产 \| 0.161 \| \| 1.175 \| 0.104 \| 1.109 \| 0.087 \| \| 1.091 \| \| 变量 \| 家中在读孩子数量 \| 0.170 \| \| 1.185 \| 0.351 \| 1.421 \| 0.089 \| \| 1.093 \| \| \| 家中无学龄前儿童(参照组) \| NI \| \| NI \| NI \| NI \| NI \| \| NI \| \| \| 有学龄前儿童 \| 0.503 \| \| 1.654 \| 0.186 \| 1.204 \| 0.452\\ \| \| 0.975 \| \| \| 家庭总收入 \| \-0.07 \| \| 0.993 \| 0.033 \| 1.033 \| \-0.026 \| \| 0.975 \| \| 地区 \| 仙桃(参照组) \| NI \| \| NI \| NI \| NI \| NI \| \| NI \| \| 变量 \| 鄂州、黄石 \| \-0.093 \| \| 0.911 \| 0.773\\ \| 2.166 \| \-0.169 \| \| 0.845 \| \| \| 常数项 \| \-2. 040 \| \| 0.130 \| \-1.728 \| 0.178 \| \-0.2411 \| \| 0.090 \| \| \| N \| 2738 \| \| \| 952 \| \| \| 1756 \| \| \| \| Cox & Snell R \| \| \| 0.426 \| \| 0.511 \| \| \| 0.381 \| \| \| Nagelkerke R \| \| \| 0.583 \| \| 0.756 \| \| \| 0.511 \| \| \| 预测正确率 \| \| \| 84.4% \| \| 93.5% \| \| \| 80.9% \| 这里的返乡对于农村和城市户口女性来说都是指到外地就业后又返回到其户口所在地本文以湖北省城乡调查数据为基础，分析了城乡女性劳动力就业流动性的特征差异并构建计量经济模型考察人力资本变量和家庭禀赋变量对城乡女性外出就业、在外就业流动次数以及回流选择的影响。通过理论分析和实证研究发现，家庭禀赋和人力资本对于女性的就业流动性具有重要影响，但是城乡女性就业流动性的影响因素有较大差异。具体来说是：(1)对于农村女性而言，和人力资本变量相比家庭变量在其是否外出就业的选择上发挥着重要作用；城市女性是否外出就业则主要受个人人力资本变量的影响。可见城市女性的就业独立性更强其人力资本状况成为决定其就业流动性的主要因素而农村女性相对来说家庭依附性更强一些也就是说在农村社会中还保留着较多的传统家庭分工模式。(2)相对于家庭变量，人力资本变量对于城乡女性在外就业流动次数的影响发挥着更加重要的作用几乎所有的人力资本变量对女性在外就业流动次数的影响都非常显著。可见，女性是否选择外出就业受家庭禀赋影响较大，而一旦外出就业后其就业流动次数则主要受个人人力资本状况的影响。女性的家庭依附性较之男性要更强一些，她们不仅在市场经济的就业竞争中天生的具有一些不利因素，而且还要承担着照顾老人、养育孩子等责任(石智雷等2009)。尤其是婚姻状况、孩子个数和丈夫是否外出对女性的就业流动性有着重要影响。从调研结果也可以看出城乡女性中选择外出就业的主体是未婚女性。婚姻状况对城市女性外出就业的影响并不明显而农村未婚女性选择外出就业的比重高达64.79% 超过已婚女性近19个百分点说明我国农村女性外出就业易受婚姻状况的影响。农村女性受教育程度相对较低，通常较早就选择外出就业并且农村未婚女性的这一选择更多的是出于个人意愿，个人行为决策所占比重较大，但农村已婚女性外出就业选择更多取决于家庭决策。从理论分析和经验模型的结果可以看到农村女性劳动力的家庭依附性明显高于城市女性家庭照顾占据了农村女性大部分时间尤其是有孩子读书的家庭女性外出就业概率明显降低。其中一个明显的原因就是当前的户籍制度对农民工子女城市就学的限制。解决农民工子女教育问题的关键是消除二元体制的影响逐步解除与户籍制度挂钩的教育体制，改变城乡公民享受不同社会待遇的社会现实各级政府还应根据实际需要改革教育财政投入机制取消对外地流入学生的额外收费，加大对民办农民工子弟学校的扶持力度并把民办学校也纳入到城镇教育的规划、管理和服务之中。把女性从家庭中解放出来的关键是要实现家务劳动社会化这对城乡女性外出就业都有着重要的意义。通过大力发展直接为家庭服务的第三产业，使家务劳动逐步从家庭转移于社会从而实现劳动服务的专业化和高效率化完善家庭功能，促使妇女生活质量的改善，从事对自己、对社会更有益的活动，真正实现妇女解放。另外女性外出就业的家庭依附性还体现在家庭禀赋状况对她们的外出就业提供了必要的帮助，由此可见我国城乡劳动力就业市场机制还有待进一步完善。参考文献 1\. 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Dependence on Family ， Human Capital and the Job Floating of Female _·SHI Zhilei and YU Chi( 81)_ Based on 4442 female samples from Hubei provinces ， this paper analyze the differences between urban and rural female labor force in job floating ，then construct an econometric model to show the af-fect of human capital variables and family variables on women’s job floating. The results indicate that ， both the dependence on family and human capital has important influence on the job floating of female ， but the degree were quite different between urban and rural female. For rural women ， family variables play important role in whether outside working. For urban and rural women ， family variables have sig-nificant impact on their choice of outside working ，once the female choose work outside ，the frequency of the job floating mainly affected by the impact of human capital. The Regional Public Goods Collaborative Supply： New Ideas of Anti-poverty in the Western Ethnic Contiguous Poverty Areas： Observations and Reflections about the “Merging town” of Longsan in Hunan and Laifeng in Hubei _... LI Lewei and CEN Qianming(91)_ Investment Value Evaluation of General Agricultural Listed Companies of A-shares _...FU Wenge ZHAO Nan CHANG Leiqing ZHAO Guodong and HAO Zhijian( 97)_ This paper uses analytic hierarchy process to establish the comprehensive evaluation index system of investment value of general agriculture listed companies ， and studies the investment values of 160general agricultural listed companies of A-shares. The evaluation results indicate uneven development level and large investment value disparity across general agricultural listed companies. The winery com panies have a higher investment value ， but the fertilizer-making companies have a lower investment val-ue. Both synthesized competitiveness and investment value of the listed companies with diversified busi-ness and prominent main business are higher. Control Fluctuation Promote the Stable Development of the Cotton Industry _ZHANG Guoging and GUO Wei(104)_ Summary on 2011 Annual Conference of China Agricultural Economic Society _· LV Xinye and QING Ping(106)_ Issues in Agricultural Economy(IAE) is published jointly by the Chinese Association of Agricultural Econo-mists (CAAE) and the Institute of Agricultural Economics and Development (IAED) Chinese Academy of Agri-cultural Sciences( CAAS) since 1980. Chief of Editorial Board： YIN Chengjie Address： 12 Zhongguancun Southstreet， Editor - in - Chief： QIN Fu Beijing 100081 ，China Tel：(8610)82108705 Overseas Distributor： China International Book Trading Fax： (8610) 82109791 Corporation( P. O. Box 399. Beijing ，China) E - mail： nyjjwt@ mail. caas. net. cn Code No. M571**	__label__neg	null	null	null	null	null
zh	N/A	N/A	论太行精神的历史地位张民省 (山西大学，太原 030006) \[摘要\] 抗日战争中培育的太行精神，凝聚着中国共产党人的优秀品质，凝聚着中国人民的奋斗精神，永远是中华民族的宝贵精神财富。这个精神同我们党领导人民在长期革命、建设和改革中形成的优良传统和时代精神结合在一起，是中华民族生生不息、发展壮大的强大精神动力。 \[关键词\] 太行精神，民族精神，革命精神，历史地位： \[中图分类号\]D616 \[文献标识码\]A 〔文章编号\]1004-4175(2011)04-0025-03 2005年7月，中共中央总书记胡锦涛在八路军太行纪念馆后面的凤凰山上，深情地告诉在场的领导干部和人民群众，“八路军和太行儿女为抗日战争的胜利作出了巨大的牺牲和重要贡献。抗日战争中培育的太行精神，凝聚着中国共产党人的优秀品质，凝聚着中国人民的奋斗精神，永远是中华民族的宝贵精神财富”。(这一讲话，充分说明了新一代党的领导集体对太行军民在抗日战争中所创造的太行精神的高度重视。所以，今天我们追根溯源、探究太行精神的历史地位，对发挥这一精神的时代价值，具有重要的现实意义。 “在我国历史上，爱国主义从来就是动员和鼓舞人民团结奋斗的一面旗帜，是各族人民共同的精神支柱，在维护祖国统一和民族团结、抵御外来侵略和推动社会进步中，发挥了重大作用。在爱国主义精神的激励下，我们的国家和民族自强不息，具有伟大的凝聚力和生命力。”〔2\](P2)中国是一个有着五千年灿烂文明的国家，中华民族是一个不屈不挠、历经磨难而自强不息的伟大民族。形成于抗日战争年代的太行精神在其中不是一种抽象的概念，它所折射出的底蕴和更深一层的内涵则是纯真的爱国主义精神。 “九一八事变”后，中国共产党即倡导建立抗日民族统一战线。在促成抗日民族统一战线建立的过程中，中国共产党一切以民族利益为重，以抗战大局为重，表现出卓尔不群的智慧和海纳百川的胸怀，从而在统一战线中树立了崇高威望，成为引领全民抗战的一面旗帜。国共合作局面形成后，中国共产党积极维护和巩固抗日民族统一战线的大局。特别是抗日战争进人相持阶段后，国民党多次制造破坏团结的一系列反共事件，掀起大规模的反共摩擦，但由于中国共产党坚持独立自主的原则，运用又联合又斗争的策略，“发展进步势力，争取中间势力，孤立顽固势力”，C3\](P263)牢牢把握统一战线的领导权，迫使国民党始终不敢公开破坏国共合作，始终留在抗日阵营内。这充分显示了中国共产党在团结全民族抗战中的中流砥柱作用，也充分说明，大敌当前，中华民族的民族意识空前觉醒，包括国共两党在内的所有中华儿女，以民族大义为重，团结在抗日民族统一战线的旗帜下，万众一心，共御外侮，伟大的民族精神又一次得到了张扬。在抗日战争中，国家统一、民族独立的爱国主义精神始终是战胜日本侵略者的信念基础。当年，在国家和民族面临生死存亡的紧要关头，中华儿女更加自觉地意识到挺身而出，维护国家和民族的统一、独立的重要性与紧迫性。在这种爱国主义信念支撑下，产生的是勇敢、智慧和忠诚，是祖国利益高于一切，是为了国家和民族的利益，精诚团结、勇于牺牲、不屈不挠、与敌人血战到底的精神。这种精 \[收稿日期\]2011-06-10 \[作者简介\]张民省(1964-)，男，山西永济人，山西大学政治与公共管理学院副教授。社会科学学术期刊数据库神，贯穿于中国人民抗日战争全过程，始终是中华民族抵御和战胜日本侵略者最重要、最坚定的精神支撑。在华北沦陷、国难临头的危急关头，中国共产党在千山万壑四面受敌的太行山区建立起了第一个抗日根据地。在八年的抗日战争中，无数共产党人和人民子弟兵英勇杀敌，前赴后继，直至献出自己的生命。 1945年9月，全民抗战的胜利，使民族精神在抗战中得到锤炼和升华，中华民族由此显现了复兴的契机。在抗日战争艰苦的环境中产生和形成的太行精神，在当时凝聚着中国共产党领导的敌后军民团结一致、不畏强暴的爱国主义精神，是抗日战争彻底胜利的力量源泉。今天，她仍然是新时代培育和弘扬民族精神的宝贵财富，是丰富人们思想道德建设的精神食粮，是激励全国人民全面建设社会主义现代化国家的强大动力。抗战八年，数十万军民坚持在一个封闭落后、土地贫瘠的山区，并在一个没有任何物资接济和给养的环境中不断发展、成长、壮大。用“小米加步枪”对付拥有现代飞机大炮、数倍于自己的疯狂侵略者，并最后取得战争的胜利。太行根据地军民遭遇了无数艰难困苦，特别是1941年、1942年日本侵略者对根据地猛烈的“扫荡”，加上多年不遇的旱灾、蝗灾肆虐太行山区。从八路军的总司令、部队首长、地方干部到普通的士兵和老百姓，全体军民和衷共济、共渡难关。在缺乏生产资金和生产工具的极端困难的情况下，太行军民发扬自力更生、奋发图强的精神，一面动手开挖窑洞解决住宿问题，一面勘察开荒的地区，学习耕作技术，制作生产工具，动手开垦荒地，抢种补种、采集野菜、兴修水利、纺花织布、合作生产，军民关系进一步密切，经济进一步发展。这一系列举措有力地支援了抗日前线的军事斗争，为发展生产开辟了一条广阔的道路。为了减轻根据地人民的经济负担，八路军主力部队和政府机关实行精兵简政和“生产自救”运动，人民武装也在条件许可的地区实行“劳动与武力”相结合的“战斗与生产”。太行根据地的各级政府在毛泽东提出“自给自足，自力更生”的经济建设方针和“发展经济，保障供给”的总方针指引下，实行合理减轻负担、减租减息、救济赏款生产、厉行节约政策，整顿村级财政、肃清贪污浪费、发展集市贸易等运动和工作，极大地调动了根据地军民劳动生产和经济建设的积极性。同时，根据地政府还号召军民大力开展生产度荒，千方百计发展农业生产，男女老少都被动员起来加人到生产自救运动中。如晋察冀抗日根据地鼓励群众发展生产，植树造林，兴修水利，改良耕作方法，开垦荒地，多打粮食，支持抗日，改善生活，为抗战胜利奠定了物质基础。所以，1943年7月，邓小平在总结《太行区的经济建设》一文中深有感触地指出，“敌后抗战是一个极复杂、极艰难的斗争，我们已经胜利地度过了整整的六年，并且已经奠定了继续坚持争取胜利的基础。以八路军这样窥劣的武器，四年来没有得到一个铜板、一颗子弹的接济，而能战胜各种困难，与强大的敌人进行短兵相接的斗争，这不能不说是一个奇迹。”【4〕(P77)太行根据地军民的齐心协力，排除万难的胜利斗争，进一步说明“战争、生产、教育是敌后的三大任务”，“把三者密切地结合起来，就是不可战胜的力量”。(4】(P85) 二巍巍太行孕育了太行人民勤劳、勇敢、智慧的精神品质。抗日战争时期，中国人民面对的是装备精良、训练有素的日本侵略军，而八路军虽然政治素质好、斗志昂扬、英勇善战，但数量少(初期不足4.5万人)、武器装备差。这是敌我军事力量对比的基本情况，也是我们制定对日作战战略方针的基本依据。为此，八路军制定了发动群众建立人民抗日武装，建立人民政权，开展游击战，打一场人民战争，到敌后建立抗日根据地的战略方针。正是依托太行山区的各个抗日根据地，八路军有了赖以生存和发展的立足地及向敌人反攻的战略出发地，不仅加速了抗日战争胜利的进程，而且为夺取解放战争的胜利创造了条件，打下了坚实基础。这一发展轨迹正是中国共产党“把落后的农村”造就成为“先进的巩固的根据地”，造就成为“军事上、政治上、经济上、文化上的伟大的革命阵地”的深刻反映，是中國共产党依靠农民这个“革命主力军”，实现了“无产阶级领导之下的农民战争”〔3J(F609)的客观必然，是以毛泽东为代表的中国共产党人，成功地驾驭统一战线的武装斗争，开创了具有中国特色的民主革命道路的光辉实践。而抗日战争采取何种作战形式，也要考虑到怎样有利于人民参加抗战，有利于人民群众在作战中发挥聪明才智。游击战通常作为正规战、阵地战的一-种辅助手段，是一种战术行为。但在抗日战争中毛泽东首次把它提高到战略地位，结合敌我条件的对比，系统地论述了游击战在抗日战争全过程的战略作用。“抗日游击战争主要不是在内线，在战役战斗上配合正规军作战，而是在外线即在敌后单独作战……，通过长期的不断削弱敌人，壮大自己的战斗，游击军和游击战争必将向正规军和运动战发展，成为最后战胜敌人的强大战斗力量。”\[3\](P405)尽管“游击战争没有正规战争那样迅速的成效和显赫的名声，但在长期和残酷的战争中，游击战争将表现其很大的威力，实在是非同小可的事业。并且正规军分散作游击战，集合起来又可作运动战，八路军就是这样做的。\[3\](P500\] 当年，太行根据地广大农民自觉参加抗日游击队，以自己独到的方式，配合八路军，破坏交通、狙击敌人。他们以游击战争为最生动的形式在共产党的领导或影响下与日伪军拼搏，发挥了伟大的创造力。没有武器从敌人手中夺、自己造，没有粮食自己筹，没有药品自己制，自动组织担架队抢救伤员，并从当地地形地物出发，创造了各种形式和方法。创造了地雷战、地道战、麻雀战、破袭战、水上游击战、敌后武工队等各种游击战术，大量牵制和消灭了敌人。同时在各根据地，实行减租减息、交租交息的土地政策，“三三制”政权形式，以大生产运动和党的整风运动为中心环节的各项政策贯彻落实，使根据地度过了抗日战争的战略相持阶段，并为战略反攻奠定了精神的、物质的基础。四太行精神诞生并形成于抗日战争时期，是中国共产党领导的八路军和太行人民在延安精神的指导下形成的时代精神。在中国共产党领导下形成的太行精神，从政治上锻炼了抗日军民为民族的解放、为党的事业奋斗到底的坚强决心，使成千上万的爱国青年成为坚强的共产主义战士，从军事上培养了一大批勇猛善战、智勇双全的军事指挥员，形成了八路军以“小米加步枪”对付敌人飞机大炮的斗志和敢于胜利的作风，从经济上造就了一大批自力更生、勤俭持家的经济工作干部，使他们学会了生产斗争知识，积累了经济工作经验。由于太行精神产生时所处历史条件的特殊性，赋予了其浓厚的民族性。这是太行精神有别于中国共产党人创造的其他革命精神最核心的内容。太行精神是中国共产党领导抗日军民克敌制胜的伟大精神力量，是中国革命中独有的精神财富和重要组成部分。太行精神是以党的政治优势、党的优良传统和作风为核心内容的无产阶级革命精神，其形成和完善是中国共产党人在长期革命斗争实践中逐渐积累和发展起来的，是党在第二次国内革命战争时期形成的井冈山精神、长征精神和延安精神的继承和发扬、丰富和升华。作为中国革命精神的组成部分，太行精神是对井冈山精神、长征精神，特别是延安精神在太行山抗日根据地的继承和发扬，是对延安精神在抗日根据地的具体化。可以说，延安精神是太行精神生成的重要基础，太行精神是对延安精神实质的再现。总之，产生、成长于太行抗日根据地的太行精神，把中国革命精神提升到一个新的境界，是具有时代特色的民族精神。太行精神同井冈山精神、长征精神、延安精神、西柏坡精神一样，凝聚着中国共产党人的优秀品质，凝聚着中国人民的坚强性格，凝聚着中华民族光荣的历史传统，是一种极其宝贵和强大的精神力量。这一精神博大精深、源远流长，是中华民族生命机体中不可分割的重要成分。这一精神，同我们党领导人民在长期革命、建设和改革中形成的优良传统和时代精神结合在一起，是中华民族生生不息、发展壮大的强大精神动力。参考文献： \[1J刘伟，刘思扬.胡锦涛来到山西革命老区武乡县看望老区群众\[N\].人民日报，2005-08-01. \[2\]江泽民.在首都纪念“五四”运动71周年大会上的讲话\[M\].北京：人民出版社，1940. 〔3\]毛泽东选集：第2卷\[M\].北京：人民出版社，1991. \[4\]邓小平文选：第1卷\[M\].北京：人民出版社，1994.	__label__neg	null	null	null	null	null
zh	N/A	N/A	素描与现代写意人物画写实风格的素描，一直是包括中国画专业在内的中国高等美术院校的基础课，对整个二十世纪以来的中国美术影响深远，尤其是对现代写意人物画的形成与发展，起了决定性的作用，现代中国写意人物画，就是在素描基础上建立起来的。素描作为写意人物画的基础，主要体现在两个方面，一是在学习阶段，要求学生必须首先在素描上有了-定基础后，再进入水墨层面上的专业训练：另一方面是在创作过程中，首先画好素描稿，然后再根据素描稿用笔量进行制作。近百年来的教学实践和创作经验证明，这种允许在作画过程中修修改改、边想边面，可以逐渐深入和反复加工的渐进式、显影式铅笔画，的确比较适应初学者的需求。对于写实性绘画来说，也可以起到有效的辅助作用，即使对工笔画，也是基础训练和起稿环节行之有效的手段，但对于写意画来说，素描训练更容显使写意厨家养成观察不敏锐、反映不数捷、下笔不简练，以及笔墨难以生动、鲜活、流畅、精妙的弊病。在现代水墨人物画上，这些负面影响已经表现得十分突出。虽然现代写意人物画家的写实能力比古人强了很多，但在写意性上却远远达不到梁楷、闵贞、任伯年的水平，其画面效果更像是水是素描或水墨速写，然而这种“素描病”在现代写意花鸟和水墨山水画家那里并不突出，原因是前者从学画到创作自始至终都高不开素描这根“拐杖”，后者在训练和创作过程中，井不过分依赖于素描和速写。我们很少见水墨山水画家、写意花鸟画家先打好素描稿，再拷贝到宜纸上画水墨的。达或许就是现代写意人物画家在笔墨上始终逊色于山水、花鸟画家，以至于要经常临摹水墨山水和写意花鸟画作品来弥补自己笔最上的不足的原因。水量人物画，习惯上也称作写意人物画，人们一般都把这两个概念当作是同义词。其实不然，，二者除了工具材料的相同外，其内涵和本质实际上却大相径庭。水墨人物画，可以泛指用水墨画材料绘制的人物画：写意人物画，则是指运用精炼、绝妙的笔法与墨法，自由自在书写出来的人物画。其中精炼、绝妙和书写性这三个条件是写意人物画的核心要素，如果仅仅具备了水墨一个要素，那与传统意义上的写意人物画相去甚远，实在是貌虽似而质不同。自徐悲鸿和蒋兆和以来，大家基本上都把水墨人物等同于写意人物，误以为写意画就是用毛笔在生宜纸上面水墨。以致于大半个世纪以来，我们在这条道路上做出的努力越多，进展越大，反而离我们心目中的写意人物画越远。自\]943年《流民图》诞生以后，无数中国画家沿着这条素描加水壶的道路，弹精端力，苦心经营了大半个世纪，竟然再也没有创作出一件足以胜过《流民图》的作品。须知，《流民图》仅仅是真正意义上的现代写意人物画史上的“处女作”，在很多方面都还很不成熟，后来者怎么就无法超越呢。这个现象不是很令人费解吗? 毫无疑问，蒋兆和以后的中国画家，在专业上比蒋兆和强的人注定不在少数，但为什么没有作出比蒋兆和更大的成就呢?就是包括蒋兆和本人后来也没能超越自己，甚至还有退步。这个问题显然很有意思。是什么原因造成了这一局面呢?我认为，表面上这与造型能力不足和笔墨功夫欠佳有关，但根本原因还是出在造型方法和艺术观念上。具体来说，就是写意水墨人物耐照搬写实性的西模式行不通，无论是偏向于素描还是侧重于速写，都不是我们梦寐以求的那个写意人物画。同样是打着写意画的旗号，现代写意人物画与传统写意人物画也有着本质上的差异，区别之处就在于创作的目的和作商的方式。传统写意人物画侧重的是志趣、性情、学识和笔暴；现代水墨人物画关注的是视觉冲击力和物象的真实感。目的不同，作國的态度与要求也就不一样。传统写意人物画并不斤斤计较客观对象的真实细节，追求的是作画过程的随意与率真，看重的是笔墨语言的意味与灵性。因此，只要情趣有了，韵味足了，就不强求造型和笔墨上的面面俱到。这样容易发挥写意画的优势与本质。可情现在绝大多数水墨人物画家，虽然打的是写意的旗帜，实际上做的都是写实的文章。在崇尚意会的写意画中求写实，在注重意外效果的水墨面里求控制，用最容易掌握的素描训练最难于驾驭的水是，这岂不是对缘木求鱼、南辕北辙的绝妙诠释么。从基础练习到艺术创作，都以素描为先，然后再将素描效果转化成水墨，也就是等铅笔素描画到一定程度时，再将铅笔换作毛笔，将素描纸换作生宜纸，将能够反复与修改的素描画法，换成不便于修改和反复的水是爱法，岂不知这个如意算盘实际上是无法实现的，因为已经被深刻在画家脑子里的素描烙印，此时此刻早已无法被替换， “素描是一切造型艺术的基础”，这句话很容易对写意画家造成误导。因为对于写意画家来说，造型能力与素描水平并不是一码事，我们现在所理解的素描，通常都是指铅笔画之类的写生作业，这样的素描从形式语言到画面形象，基本上都是客观对象的真实反映，而写意画的造型能力，侧重的是语言和形象的创造性，即必须将客观物象的真实，转换为程式化的笔墨符号和抽象性的主观意象， “外师造化，中得心源”就是这个意思。由于认识不准确，作为造型训练手段的素描，就逐渐反客为主，演变为写意人物画的努力方向，这也就是现代写意人物画尽管在造型上取得了巨大进步，所用的工具材料也是毛笔、水录与宜纸，但就是因为这个程式化和抽象性因素的缺乏，总显得中国画品味和写意性特征不到位。如果理解了我们之所以重视素描的初衷，就是希望通过素描手段，达到提高观察物体、把握结构、塑造形象的能力这个道理，培养写意人物画家就不见得非要经过素描这一关。而是也像水墨山水和写意花鸟画家一样，直接以水墨作为自己基础训练的手段，完全可以一举两得地既解决了造型问题也提高了笔墨水平，而不必再在素描的弯路上浪费时间和精力。说用素描作为训练写意人物画的基础课不合适，也许会有很多人反对，而如果说素描也是训练水墨山水和写意花鸟画的基础课，一定会造到更多人的质疑，这都是习惯带来的后果。画工笔画可以有稿子，就像练习楷书可以描红一样，但谁又能想象写草书也是先打好稿子，才下笔照着描的?书画同源的写意人物画，又为什么非要走从素描到水墨的道路呢?理想的写意画，肯定不是在素描稿上孕育出来的。既然在没有素描介人的古代，中国画能够在山水和花鸟画上放笔直取，创造了堪称形神兼备、笔精墨妙的写意画，就足以说明素描未必是写意人物画家理想的必修课，也不是写意人物面唯一的造型基础。口康书增新疆师范大学美术学院美术学数据库	__label__neg	null	null	null	null	null
zh	N/A	N/A	对新时期高校校园文化建设的思考于海印，赵娟 2 (1.河北科技师范学院团委，2.图书馆，河北秦皇岛066004) 摘要：高校校园文化建设对于大学生的全面成长、成才具有重要的意义，但新时期带来了许多新情况和新问题，解决好这些问题，需要从校园文化建设的组织运作和活动内容与目标重新定位、创新等方面入手，进一步加强高校校园文化建设。论文从校园文化建设的必要性和重要性出发，对高校校园文化现状进行分析，对新时期校园文化建设的具体措施进行了深入探讨。针对大学生自身情况，以全面教育作为校园文化建设的主要内容和目标，并以此为核心，设计了校园文化活动体系，创建了以月份为单位的校园文化框架。为高校大学生校园文化建设提供了可供参考的意见和建议。关键词：新时期；高校；校园文化；思考中图分类号：F323.9 文献标识码：A 文章编号：1672-7991(2008)04-0088-04 Thoughts on Cultural Construction in the University Campus in New Times Yu Haiyin， Zhao Juan (1. Communist Youth League Committee， 2. Labrary， Hebei Normal University of Science & Technology， Qinhuangdao Hebei 066004， China) Abstract： The cultural construction in the university campus play an important role in regard of students’ comprehen-sive growth. There are many new issues and problems in the new times. It is necessary to carry out organization oper-ation of campus cultural construction， relocation and innovation of activities to solve these problems and strengthen the university campus cultural construction. In this paper， beginning with the necessity and importance of campus cultural construction， the current state of campus culture is analyzed， and an in-depth discussion about the concrete measures of constructing campus culture in the new times is carried out. Focusing on college students’ own situations， a co 1- prehensive education is taken as the main content and aim of building the campus culture， and it is regarded as a core to design the campus culture system， and a campus culture frame is established using month as the unit. In this way， valuable opinions and suggestions for the university campus cultural construction are provided in this paper. Key words； new times； university； campus culture； thought 当前，市场经济和经济全球化的确立，以及信息时代各种文化铺天盖地的袭来，都对高校育人工作的开展提出了新的要求。高校校园文化作为高校开展素质教育的重要平台，它的生长、发展是高等教育环境中的一种独特的文化现象。校园文化的重要作用就是要让健康、向上的文化塑造人，让美好、崇高的文化培养人。校园文化建设的主要途径就是把德育、智育、体育、美育有机结合起来，寓教育于丰富多彩的学术、科技、体育、艺术和娱乐活动之中。作为一种环境教育力量，校园文化对学生的健康成长有着巨大的影响。随着大学生素质拓展计划的全面实施，打造有特色、高品位、上规模、品牌化的“校园文化超市”已成为高校进行校园文化建设的客观需要。一、高校校园文化建设的重要性和必要性建设积极向上而富于浓厚文化底蕴的高校校园文化对于培养青年学生的综合素质，优化高校育人环境，以及加快高校改革、发展和稳定方面，都起着积极的促进作用。校园文化建设的好坏，从大处讲，关系到一代又一代年轻人的成长，关系到我国能不能培养出千百万合格的社会主义现代化事业的建设者和接班人，关系到民族文化的现在和未来能不能始终朝着中国先进文化前进的方向发展；从小处讲，它影响着全体师生的价值观收稿日期：2008-11-19 作者简介：于海印(1976-)，男，政工师，主要从事思想政治教育研究、青年研究。念、道德意识、行为准则和审美情趣，也严重影响着校园文明的建设。通过开展形式多样的校园文化活动，既可以使学生净化心灵，陶冶情操，也可以提高大学生的审美情趣和思想道德素质，同时校园文化活动的发展壮大过程，也是高校自身文化的不断传承、积淀和发展的过程。1! 二、高校校园文化建设的现状 (一)缺乏领导，流于形式随着高等教育的大众化，以及高校毕业生就业形势的严峻，各高校对于校园文化活动的开展越来越流于形式，高校各部门都应把工作的中心转移到学生的录取和就业上来，而对于学生的培养环节，尤其是第二、三课堂的培养失去了领导，处在一种无人问津的状态，任其自由发展。 (二)校园文化冷热不均由于缺乏领导，致使高校校园文化活动处在一种盲目的发展状态，许多活动都是自上而下的组织，失去了学生主观能动性的发挥。而学生真正需求的校园文化活动又缺乏指导而导致活动水平低，从而使学生的活动积极性遭到严重打击。 (三)大众化的校园文化变成了精英教育由于校园文化活动的“家长制”，导致活动吸引力下降，参与面降低，因此校园文化活动的主体从全体学生集中到部分学生干部身上，造成了学生于部成为高校学生部门打杂的现象。三、高校校园文化建设的思考 (一)校园文化建设的领导青年代表着未来，未来中国的发展和现代化的建设事业需要的大批合格人才，必须从现在的年轻人抓起。怎样才是合格的人才呢?邓小平同志曾特别强调，青年必须坚定理想信念，坚持正确的政治方向。在他提出的有理想、有道德、有文化、有纪律的青年发展目标中，最重要的是有理想、有纪律。然而青年人又正处于思想的定型期，面对信息时代，大量西方敌对势力信息冲击着年轻一代尚未成熟的心灵。高校校园文化建设正是通过全体师生员工在教学、科研、管理、生活等各个领域的相互作用中共同创造出来的一切物质和精神的成果，来引领青年一代树立正确的世界观、人生观和价值观。加强高校校园文化建设的领导，是保证高校校园文化建设朝着健康、向上的良性轨道发展的重要前提，也是高校作为国家和社会育人机构的重要职责。 (二)校园文化建设的主要力量高等教育大众化、高校扩招带来高校生源的不断扩充，办学规模的不断扩大，使以往由团组织和学生会为主组织的大规模校园文化活动，在人员组织和时间安排上都有了很大难度。此时社团的优势显现出来了，随着高校社团的不断发展壮大，其灵活多样的活动越来越展现出强劲的渗透力，从而得到越来越多的青年学生的青睐。共青团、学生会和社团已组成了新的校园文化建设的全新的“--体两翼”的工作格局。 1.共青团系统。以团组织为龙头，带动整个共青团系统，加强各级团组织的建设，使校园文化活动形成班、系(院)、校三级特色。校团委在整个校园文化建设中起到制定主题和总体策划的作用。 2.学生会系统。主要有两个任务：第一，在团组织的指导下，按照校园文化的原则充分发挥学生会的主体性和创造性，打造青年学生自身需求的校园文化品牌，以品牌性的校园文化活动开展自我教育；第二，就是服务广大同学，维护广大同学的正当权益，以实际行动不断树立学生会的威信。 3.社团系统。通过小型的、精品化的、内容丰富的社团活动，达到校园文化活动百家争鸣的景象，使每一个青年学生都能成为校园文化活动的主体，展示其个性，发挥其特长，使其正确的自我定位。 (三)校园文化建设的主要内容和目标 1.以“价值观”为核心的三观教育。价值观是信仰的核心，信仰是人类生存的力量源泉。抛开中国传统的“道德人”，抛开西方技术理性所导致的“机器人”，极端个人主义所导致的“经济人”，21世纪的大学生必须养成尊重生命，追求真理，人格独立，热爱人类的品格，为人类全面解放，为人类全面而自由的发展而奋斗。 2.以“观念教育”为核心的德育教育。抛开传统的小农意识与官本位思想，树立开放观念、发展观念、平等观念、开拓观念、竞争观念、团结观念等现代观念，塑造21世纪的人格状态。 3.以“科学精神”为核心的求是教育。求是教育即崇尚科学，追求真理的观念，具有渊博的科技知识，具有科学理性思维方式与人格状态，具有追求科学知识的献身精神。 4.以“技能”为核心的实践教育。以高校培养的专业技能为核心，向外扩展。提高大学生知识转化能力，提高大学生未来适应能力。培养诸如计算机操作、英语口语、演讲、专业操作能力、市场营销、形象设计等多项技能，使大学生成为过硬的人才。 5.以“心理素质”为核心的情商教育。面对竞争，必须以优秀的心理素质做铺垫，优秀的心理素质是人类特有的宝贵财富。大学生必须有科学的自我意识，必须有正确的自我认知，必须有良好的调节能力。心理素质优秀，预示着人的成长与成熟。 6.以“全民健身”运动为核心的健康教育。健身运动，不仅仅是一种体能的训练，而且是一种精神的创造：参与精神、拼搏精神、团结精神、挑战精神。另外，不仅仅是健康而且是健美。因此，全民健身运动还是一种精神与美的创造。 7.以“形象素质”为核心的审美教育。大学生必须有一种形象意识，塑造一种特有的精神风貌。形象是一种内、外素质的整体综合，其通过个人的风格展现出来，也是为走向社会，走向未来的一种整体设计。 8.以“培养特长”为核心的个性教育。“个性”教育是当今教育的一种新境界，个性教育绝对不是以“个人”为中心的教育，而是一种主体意识的培养，一种自我建设意识的培养，让每一个同学都能发现自己的天才区域，发展自己的天才区域，按照教育规律把学生培养成社会所需要的不同规格的人。 9.以体现“集体精神”为核心的人格教育。必须培养一种真正的集体精神，人类才能走向解放。21世纪崭新的时代，只是意味着这种观念的强化，只是要把这种集体精神与独立人格建设统一起来。 10.以培养“主体精神”为核心的创造性教育。素质的重要标志就是创造，没有创造就没有发展，创新是一个民族的灵魂。在激烈竞争的现代信息社会，不创新就等于死亡。因此，学校应在力所能及的范围内营造一个有利于培养学生创造能力，有利于人才脱颖而出的环境。 (四)校园文化体系设计 1.校园文化活动框架设计。首先，框架须是一个有机的系统，其内容不是杂乱无章的，而要涵盖素质的几个层次：思想素质、观念素质、技能素质、心理素质、审美素质、个性特长、身体素质等，这样的内容设计与学生素质发展是相对应的，能够提高学生全面发展的意识，其消除了活动的偶然性与随意性，增强了单项活动的针对性与活动体系的科学性。其次，在框架设计中，做到框架性与主题性的统一。每年都有新的主题，新的主题可以更新框架中活动的内容与形式，而且专题系列的设置，使时代感更加明显。这样主题性与框架性相结合，才使整个校园文化是动态与鲜活的。第三，框架设计在内容上是全面与开放的，应该做到一般与特殊的结合。随着时代对人的要求不断发展，可以充实新的素质主题。这样的校园文化就具有了三个层次：①一般层次；(国家教育目标)②特殊层次；(校内教育目标)③个性层次；(个人发展目标)，这样才是一个全面的目标体系。第四，本框架在设计上具有目的的鲜明性与运行的可操作性。鲜明的目标即是培养学生的一种科学精神与人文精神。文化框架中有明确主题构成与活动构成，有明确的主办单位与日常安排，因此文化框架具有战略性与操作性双重性质。 2.以月份为单位的校园文化框架(见表1)。这样的设计，一方面使学生增强单项素质与全面素质塑造的意识，另一方面又使校园文化比较深人地开展，更关键的是它以月份为单位，才能开展对某一主题的系列活动；系列活动，才能形成规模；形成规模，才能造就气氛；营造气氛才能称之为文化，这样安排消除了以往活动的孤立性与零散性。活动系列的深度与宽度是校园文化层次提高的关键点，营造水平较高的文化是我们的根本目的。 3.校园文化载体构建。校园文化艺术节和社团文化节是高校校园文化的重要载体。每年要在固定时期召开校园文化艺术节，利用这一大型节日载体，充分发挥基层团组织和学生会的创造力，认真搞好辩论赛、舞蹈大赛等一系列较为大型的校园文化活动，并逐年筛选出经典系列，从而在宏观上起到带动作用。另一时间段召开社团文化节，主要发挥社团的创造力，让社团自己开展自己的活动，让不同的社团培养不同规格的学生，引导学生个性发展。利用社团这一大众化的优势，让全校学生参与到社团活动、校园文化活动中来。 4.打造校园文化品牌，带动校园文化体系建设。高校团组织可以根据校、系、班三级体系，评比出不同层面的校园文化活动品牌项目，进行深人探索、重点扶持，使其成为校园文化活动的亮点，带动整个校园文化活动的质量，促进整个校园文化的提升。同时，校园文化活动品牌项目开展的连续性、持久性，使得育人工作开展得更加透彻、更加鲜明。总之，高校校园文化建设是一项复杂而艰巨表11校园文化框架安排 \| 分类 \| \| 主题 \| 名称 \| 具体活动 \| 时间 \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 科学精神与人文精神 \| 三观教育系列 \| \| 观念月 \| A. 周末论坛 B.辩论赛 \| 3月 \| \| 科学精神与人文精神 \| 团员意识教育系列 \| \| 团建月 \| A.教师基本功全能大赛 \| 4月 \| \| 科学精神与人文精神 \| 审美教育系列 \| \| 审美月 \| A. 自然美 B.社会美 \| 5月 \| \| 科学精神与人文精神 \| \| \| \| C.艺术美 \| \| \| 科学精神与人文精神 \| 实践系列 \| \| 实践月 \| A.社会实践活动 \| 7月 \| \| 科学精神与人文精神 \| 技能教育系列 \| \| 技能月 \| A.教师基本功大赛 \| 9月 \| \| 科学精神与人文精神 \| 体育、心理素质教育系列 \| \| 健身月 \| B.心理讲座 \| 10月 \| \| 科学精神与人文精神 \| 个性教育系列 \| \| 特长月 \| A.社团汇演 B.特长展示大赛 \| 11月 \| \| 科学精神与人文精神 \| 科学教育系列 \| \| 科技月 \| A. 系列学术讲座 B.学生科技发明 \| 12月 \| \| 专题系列 \| 共青团专题五四专题 \| 七一专题 \| 十一专题 \| 元旦专题时代专题 \| \| 参考文献： \[1\]朱伟军.高校校园文化及其建设举措\[J\].师德建设，2008(20)：224. \[2\]杜项菲.新形势下加强和改进校园文化建设的几点思考\[J\].辽宁师专学报：社会科学版，2006(5)：105-108. \[3\]孙敏江.高职院校校园文化环境建设主要途径初探\[J\].长沙民政职业技术学院学报，2008，15(13)：92-94. \[4\]计红.校园文化的育人功能及实现途径探究\[J\].民营科技，2008(11)：77. \[5\]饶艳萍，张扬.高校校园文化创新途径的思考\[J\].湘潮，2008(4)：65-66. \[6\]穆礼弟.实施美育是加强校园文化建设的重要途径\[J\].清华大学教育研究，1991，12(1)：25-29. \[7\]李心航.浅谈高校校园文化建设途径\[J\].中国科教创新导刊，2007(9)：32.	__label__neg	null	null	null	null	null
zh	N/A	N/A	陈宏明火琛【摘要】部门预算审计工作涉及预算执行及预算管理等多方面内容，一一直是政府部门审计工作的重点，也是审计研究与探讨的焦点。预算管理工作存在缺陷、预算执行缺乏严肃性和规范性等问题都严重制约着财政职能的有效发挥影响财政资金的使用效益及效果，同时使预算执行审计面临着新的挑战，并不同程度地增加审计风险。深化部门预算执行审计，同时探索预算部门的绩效审计，采用不同的审计方法将预算执行审计与专项资金审计、经济责任审计相结合注意查处和分析研究问题相结合，揭示预算管理和预算执行中存在的问题，有针对地提出加强管理、完善政策法规的意见和建议，为领导提供宏观决策服务。【关键词】审计部门预算研究【中图分类号】F239【文献标识码】 A 预算执行审计是指各级审计机关在本级政府行政首长的领导下依照国家法律、行政法规和本级人大审查和批准的年度财政预算，对本级财政及各预算执行部门和单位在预算执行过程中筹集、分配和使用财政资金的情况以及组织政府预算收支任务完成情况和其他财政收支的真实、合法、效益性所进行的审计监督。各部门预算执行情况如何，直接关系到国家职能的顺利实现，以及社会政治经济和各项事业的健康发展，体现预算资金的使用效益。因此，对部门预算执行情况的审计监督，是政府加强预算资金管理的重要手段，也是审计机关工作的主要着力点之一。全面深入地搞好部门预算执行审计，对于维护经济秩序、加强廉政建设、促进国民经济的健康发展具有十分重要的意义。部门预算执行审计涉及的部门、单位多各部门各行业具体收支内容和财务管理制度有所不同，审计的内容会有所差别，审计的重点也有所不同。因此，我们要分门别类的抓住其关键点，做到有的放矢，以较小的投入取得较大的效果。预算执行审计是法律赋予审计机关的一项重要职能，是国家审计永恒的主题。多年来各级审计机关不断探索预算执行审计的思路和方法，其监督制衡作用日趋明显，成效和影响不断扩大，对于规范财政管理行为，健全财政管理制度完善财政管理体制起到了积极的作用。随着财税体制的改革部门预算的不断细化，会计集中核算，国库集中支付，政府集中采购等措施的实施，常规的部门预算执行审计的内容和方法已经不能够适应经济发展及现今审计工作的需要，部门预算执行审计工作进入了一个新的发展时期，由强调覆盖面、面面俱到逐步转向突出重点上来，由促进规范管理，健全内部控制制度逐步转向科学合理安排财政资金，提高资金使用效益上来。面对这些形势我们要积极探索，创新思维，开拓进取，由以财政收支审计为重点向以专项预算支出审计为重点转变，并逐步向效益审计方向发展。一、部门预算执行审计内容的沿革与变化随着部门预算执行审计的深化，部门预算执行审计的内容也有所变化，从近几年的审计实践看部门预算执行审计内容的沿革与变化主要有： 1、部门预算管理情况审计主要对部门管理本级及所属单位预算执行和财政财务收支总体情况进行审查，包括以下几方面内【基金项目】本文系湖南省社会科学基金资助项目(07」D58) 【作者简介】陈宏明男北京人长沙理工大学管理学院教授，博士长沙410077 容：一是部门预算管理体制。即部门与本级财政的预算管理关系部门与所属单位的预算管理关系、部门内部预算管理决策和执行情况等。二是部门预算管理制度。即部门预算管理制度的健全性、部门预算管理制度的合法性及部门预算管理制度执行的有效性。主要审查各项制度的实际执行情况和内控制度的实施情况。三是部门银行账户管理情况。包括银行账户开设程序、银行账户数量、银行账户中收支的内容及银行账户使用的管理情况。 2、部门收入及支出情况审计财政审计要以“预算执行审计为重点，以支出审计为主线”，预算资金的收支审计是预算执行审计的基础和根本。政府的钱是怎么来的，做了什么事，每项事情花了多少钱事情是谁做的，怎么做的，这些都要由审计部门替老百姓来监督。首先是部门收入情况审计。部门及所属单位的收入包括财政预算拨款收入和非财政预算拨款收入两部分。财政预算拨款收入是财政核拨的预算资金。非财政预算拨款收入包括事业收入、经营收入和其他收入等。主要检查部门收入取得的合法性、相关收入纳税情况及收入管理情况，有无私设“账外账”、“小金库”等问题。其次是部门支出情况审计。根据部门预算制度的规定，部门预算支出划分为基本支出和项目支出两类。基本支出是为保障机构正常运转、完成日常工作任务而安排的预算支出，包括人员经费和日常公用经费两部分。基本支出实行定员定额管理。审计的主要内容包括部门基本支出预算的真实性、支出执行预算及国家规定标准情况、部门基本支出效益情况等。部门项目支出是为完成特定的行政工作任务或事业发展目标在基本支出之外安排的专项支出。项目支出按其性质，分为基本建设类项目支出、行政事业类项目支出和其他类项目支出三类。审计内容包括项目立项申报情况、部门项目审核情况、部门项目实施情况、部门项目预算执行和资金使用情况、项目实施和资金使用效果等。 3、部门征缴国家非税收入执行“收支两条线”规定情况审计许多部门履行执收执罚职责，收取的行政事业性收费收入、罚没收入等国家非税收入应严格执行“收支两条线”规定。对部门非税收入收缴审计的内容一是非税收入征收的合法性。包括部门的行政事业性收费项目是否经有关部门审查批准，罚款是否具有法律、法规依据：是否严格执行国家规定的征收范围和标准情况等问题；二是执行“收支两条线”规定情况。审查部门对纳入预算管理的非税收入及时足额上缴国库，支出是否通过部门预算予以核定等情况。 4、部门转移支付资金审计公共财政框架下的转移支付制度是财政改革中的一项重要措施。财政转移支付制度的建立就是要将本级财政集中的财力，通过转移支付的方式，支持和促进贫困、落后财政经济的发展，使下级公共服务能力实现均等化目标。特别是经济次发达地区转移支付资金成为政府财政支出主要来源之一，且转移支付的范围和资金额在不断扩大，涉及农业、交通、教育、社保、就业等诸多方面。转移支付资金审计要着重把握两个方面重点：一是上级政府补助给本级的转移支付资金以专项补助资金为主在本级预算执行审计时应作为重点内容。二二是本级财政补助给下级财政的转移支付资金，包括上级财政专项补助资金和本级财政匹配的资金。在本级预算执行审计时，要有重点选择专项补助项目和有关地区进行延伸审计。要逐步加大对每一笔转移支付资金的跟踪审计力度，审查转移支付资金拨付和使用的合法、合规性，审计转移支付的依据、支付的合理性及支付的透明度。还要审查财政体制的运行结果是否正常、合理。二、部门预算执行审计工作应从以下几个方面深化 1、国库支付资金流向审计部门及所属单位正在推行国库集中收付制度，即财政性资金通过国库单一账户体系(由国库单一账户、财政部门零余额账户、财政部门预算外资金账户、预算单位零余额账户、预算单位小额现金账户)收缴、存储、支付和清算。因此，我们在审计中要检查各项收入核算是否清楚是否存在混库情况资金拨付依据和审批手续是否合法齐全；注意与银行对账单核对防止资金漏洞对专项资金和大额款项的拨付要以国库账户和财政专户拨付为源头，以资金流向为主线，开展跟踪审计。审计工作应把监督的目光转到“集中支付”上来审查财政专户管理是否存在死角，是否有预算外资金未纳入财政专户管理以及私设“小金库”等违纪违规问题各部门、各单位是否贯彻实施了“收支两条线”专项资金是否由财政拨付到资金主管单位，有无挤占挪用问题。 2、政府采购审计实行政府采购是预算制度改革的一项重要内容，政府采购审计是加强预算管理，提高财政资金使用效益，从源头上预防和治理腐败的一项根本措施，应从以下几方面入手：审查具体从事采购的各部门和单位是否按规定编制政府采购计划，是否将列入政府采购目录的项目都集中报送采购机关统一采购审查采购部门的采购资金是否合规，有无挤占挪用其他财政专项资金的问题；审查政府采购方式和政府采购程序是否规范，应当实行公开招标和邀请招标的是否实行，有无违背公开、公平、公正原则的问题；审查采购合同是否符合法律规定以及采购预算的要求，采购资金的拨付和使用是否符合有关规定和合同的要求；审查采购物品是否经验收合格并按规定及时登记入账，有无囤积和损失浪费等问题。 3、部门预算编制的审计一是看预算编制是否合法、细化。主要审计预算编制是否符合预算法等法律法规和国家的有关政策，是否坚持了量入为出、收支平衡的原则和预算编制有无细化到明细科目、细化到具体部门。二是看预算编制依据和标准是否充分、合理。主要审计人员经费是否准确，公用经费定额是否合理。专项经费政策依据是否充分和重大项目支出是否经过科学论证，是否有可行性预测。三是看预算收入是否真实、可靠预算支出是否合法、合理。主要审计收入是否在对国民经济和社会发展进行科学预测的基础上，对预算收入的增长进行科学预测，是否将上年的非正常收入、本年度已减少的收入纳入预算收入的范围。四是看部门预算编制是否真实、准确。审查部门预算编制是否经过“两上两下”的程序预算是否按零基预算方法编制其内容是否完整、真实。各项收入是否全部纳入预算，行政性收费和预算外收入是否列明具体单位和项目各项支出是否真实是否多报、虚报项目支出。五是看追加预算是否适当。如某部门由于年末频频追加预算导致12月的支出占全年支出的70%。年底大量追加预算不仅削弱了预算的严肃性，加大了预算执行的难度，而且造成部门年终突击花钱，影响了资金使用效益，削弱了财政职能影响了财政资金分配使用的公正。 4、注重预算部门的绩效审计效益审计是今后审计工作的发展方向，更是部门预算执行审计工作发展的主流。迅速提升部门预算执行效益审计，是审计趋势与规律之必然。审计署制定的五年审计工作发展规划中明确提出，今后每年投入效益审计的力量要占整个审计力量的一半左右到2010年初步建立起适合中国国情的效益审计方法体系。部门预算执行效益审计有利于促进责任政府建设。首先，现代审计已成为民主法制的重要环节。审计机关恢复成立初期，主要是代表国家财政检查税收等财政收入跑冒滴漏，检查违法违纪行为。随着民主法制进程的深化法制观念深入人心，审计开始转向代表公众、代表纳税人，以检查监督财政支出和政府责任为主。其次效益审计可以促进政府公共项目的透明决策。现代法治国家，公共项目效益主要依靠决策程序和公众监督。部门预算执行效益审计作为监督程序，是对政府公共项目目标实现的经济、效率、效果状况作出综合性评价。通过效益审计优化公共财政支出结构提高公共财政支出效益。部门预算执行效益审计建立在责任政府基础上。如果没有明确的责任，审计京无从谈起效益审计衡量是否花得少花得好，花得明智。通过对公共项目结果状况与目标状况的审计评估，推进政府管理水平和公共服务质量提高。因此部门预算执行审计不仅是监督权力惩治腐败的工具，也应当是促进和引导政府强化责任意识，提高效益，改进管理水平的手段。第三，效益审计具有丰富的内涵。从法、美、英、日等国审计来看其范围甚广，诸如，就业水平、福利计划、职员培训、劳资关系、污染控制、降低噪音、能源保护、消费保护、人力资源、发展计划等等。第四开展部门预算执行效益审计，有利于跳出就审计论审计的格局，促进责任政府的架构，促进和谐社会建设。政府是人民政府治理方式是民主化治理方式部门预算执行目标实现要围绕人民，政府审计自然也不能例外必须围绕部门预算执行目标开展审计这样的审计就是效益审计。部门预算执行审计要在深入调查研究的基础上大胆尝试探索开展效益审计的路子和方法，坚持财政财务收支真实合法审计与效益审计并重，以揭露严重损失浪费或效益低下和国有资产流失等问题为重点，促进提高财政资金使用效益和管理水平，开拓部门预算执行审计的新局面提高审计工作的层次。三、注重审计方法 1、财政财务收支审计、经济责任审计相结合有时部门预算执行审计与行政事业审计、党政领导干部经济责任审计同为一个对象，三者有机结合既有利于避免重复审计，节约审计资源和成本，又可有效地提高审计效率、扩大审计成果。通过几年来的实践，已经证明这是一种成功的做法，今后还要继续坚持和完善。在安排审计计划时，对预算执行审计、行政事业单位的财政财务收支审计、经济责任审计要统筹考虑，避免重复进点，在实施审计过程中，要把预算执行和财政财务收支中发现的问题，结合经济责任审计进行责任界定明确责任然后深入分析其原因，提出标本兼治的建议这样，既可提高审计工作质量，又能更好地发挥审计的威慑作用。此外还要将部门预算编制审计内容结合到专业审计之中在专业审计过程中，进行部门预算审计，为预算编制审计积累资料实现资源共享。同时要开展对部门预算的审计调查，从经费入手调查各部门经费来源和结构，特别要选择那些有执收执罚权的部门和没有执收执罚权的部门进行对比，了解不同预算外收入规模的部门对财政资金安排的可接受程度分析财政部门对行政事业收费和罚没收入的回拨比例是否合理，公用经费定额标准的制定是否科学项目资金的使用是否达到预期效果。 2、审查报表与了解情况相结合审计过程中，不仅要审查一般预算收支表和政府性基金收支表、一级预算单位的部门预算、专项资金支出类别表等相关资料，还应就本级预算草案和部门预算编制情况向有关单位提出询问和进行调查了解：一是了解地方党委、政府当年经济工作的指导思想、发展思路和奋斗目标。二是了解财政部门关于编制预算的指导思想、基本依据、预算安排、实现条件等具体情况。三是了解部门及所属单位上年预算执行情况本年预算增收、增支的情况及原因。同时广泛听取各方面的意见，在此基础上提出的审计意见才切实可行。 3、查处问题与分析研究问题相结合在审计过程中不仅要坚持从银行账户入手，全面核查资金开户情况、资金流向以及资金的来龙去脉发现疑点，揭示出存在的问题，还要改变就审计论审计的惯性思维方法，形成以理性分析为核心的审计工作新观念，把分析研究贯穿于审计工作的全过程。针对存在的问题，提出可操作性的建议和对策，为增收节支、优化资源配置、提高财政资金使用效益献计献策，为政府的宏观决策服务。 4、计算机审计与手工审计相结合力争审计电算化与被审计单位会计核算电算化同步发展，把审计软件、AO软件当成一种新的强有力的工具来使用，将手工审计与计算机审计工作有机结合，实现提高预算执行审计工作的效率和效果的目的。 5、微观的账表审计与宏观审计相结合过去我们实施预算执行审计，一般都是以审计报表、账簿、凭证为主，审计结果缺乏全面性、系统性、针对性及效益性，审计揭示的一些问题多是老面孔所提建议也是微观的、一般性的。要充分发挥审计监督在宏观管理中的作用，就要注重从政策措施以及体制、机制、制度层面发现问题，分析其深层次原因并提出审计意见和建议，促进深化改革加强宏观管理注重整体性，做到心中有数，审计评价得当。对财政资金的效益情况要进行对比分析，对宏观政策的执行情况问题要组织调查研究，对关系经济社会发展的重要问题要提出建设性意见。审计工作不仅要揭露问题还应对政策执行和收支结构进行审计分析，做出合理性评价，进一步完善监督机制，促进各部门依法履行职责，规范管理。四、结束语基于作者在部门预算执行审计的研究实践来看作者认为要搞好该项审计应该在注重审计方法的前提下，还要抓住以下四个关键：一是抓住审计重点要以财政、税务部门审计为龙头，突出财政收入、支出的真实性、合法性审计。二是抓好审计覆盖面坚持审计与专项审计调查并重逐步加大专项审计调查的比重。。三是抓好延伸审计注意把财政、主管部门和具体使用单位的审计结合起来。四是抓好效益审计的切入点，重点加强对政府投资基本建设项目、环境保护资金使用情况、关系人民群众切身利益的财政专项资金使用情况的审计和调查，选择适当的进行绩效评估。总之，部门预算是我国公共财政框架体系的重要组织部分，其执行的优劣直接影响着财政资金使用的经济性、效率性、效果性。审计机关只有加强对部门预算执行情况的审计监督，才能保证预算执行的严肃性，提高财政资金的效益，保证国家宏观经济目标的实现。【参考文献】 \[1\]祝清华.构建预算执行审计监督体系的思考.辽宁财专学报.2003年第5期 \[21周雨晨、张卫国、李倩.公共财政框架下部门预算执行审计的思考.中国西部科技.2004年第5期 \[3\]向顺鹏.预算执行效益审计的内容和评价浅探.中国审计报.2006年9月 \[4\]李季泽.部门预算执行效益审计的探索和思考.中国审计. 2006年第9期 \[5\]许丽俊.关于深化部门预算改革的思考.会计之友.2006 年第11期 \[6\]董大胜.中国政府审计.中国时代经济出版社.2007年5月 The Research on Departmental Budget Audit CHEN Hong-ming， HUO Chen (School of Management， Changsha University of Science& Technology， Changsha，Hunan，410077，China) 【Abstract】The departmental budget auditinginvolves the budget implementation， budget management and so on， which is always the key point of the govemment auditing. It is also the focus of the auditing studies and discusses. Any flaw of the budget supervisory work， or the lack of normative and standard on the budget implementation is restricting the effectiveras of the financial function， and also influencing the benefit and effective of the usage of the financial fund. It also causes the bud-get implementation audit to face the new challenge， and increases the auditing risk in some degrees. We should make the de-partmental budget implementation auditing more deepen， explore the achievements auditing of the department， use the different auditing method， put the budget implementation auditing with the special funds auditing and the economical responsibility au-diting together， and put the investigation with research analyzes together. We should unveil the question which will exist in the budget management and the budget implementation， make suggestions and give opinions on how to make the managements， policies and laws more completely. All of these would serve the macroscopic policy-making. 【Key words】】audit jdepartment budget ；research	__label__neg	null	null	null	null	null
zh	N/A	N/A	金融发展对京津冀市场一体化的影响研究丁振辉12 (1.中国人民大学博士后科研流动站，北京 100872；2.中国工商银行博士后科研工作站，北京 _100032)_ 摘要：本文利用价格法测度了京津冀市场一体化水平，发现京津冀市场一体化呈稳步提高的趋势，其中京津一体化水平最高，津冀一体化水平最低，京津冀市场一体化水平在金融危机期间有短暂的下滑趋势。本文将京津冀市场一体化指标作为被解释变量，而将金融发展作为解释变量，同时加入经济发展和对外贸易等控制变量，采用分步回归的方法检验了金融发展对京津冀市场一体化的影响，结果显示金融发展对京津冀市场一体化有正面影响，并且能够通过显著性检验。关键词：京津冀一体化；价格法；金融发展；长面板中图分类号：F830.59 文献标识码：A 文章编号：1006-6373(2015)08-0011-04 DOI：10.14049/j.cnki.hbjr.2015.08.002 一、引言和文献改革开放以来，我国市场经济实现了跨越式发展，市场经济架构初步建立，市场经济运行机制逐步完备，但是在我国市场经济发展过程中，国内市场一体化进程是否滞后是许多学者争论的话题。在一篇被认为是研究中国市场一体化进程的开创性论文中， Young(2000)认为中国存在着严重的国内市场割裂，经济诸侯(沈立人、戴园晨，1990)林立，严重阻碍了国内市场一体化进程。Pocent(2003)认为1987~1997年间，中国国内市场一体化水平下降，衡量市场割裂程度的边界效应显著上升。郑毓盛、李崇高(2003)认为地方分权促进了市场竞争，但同时也造成了地方分割，产生了市场扭曲。但同时也存在大量的反对声音，如赵奇伟、熊性美(2009)利用分地区居民消费价格指数等测算了消费品市场、资本品市场和劳动力市场的分割指数，发现中国各地区市场分割程度都出现了稳定的收敛趋势，意味着中国市场日趋整合。范剑勇、林云(2011)通过考察边界效应得出结论，国内产品市场并没有处于严重的分割状态，通过消除外生的贸易壁垒可以进一步提高国内产品市场一体化水平。桂琦寒等(2006)用各地零售商品价格指数评价了中国相邻省份的商品市场整合程度，他们认为中国国内市场整合程度总体上呈上升趋势。目前，针对市场一体化的相关研究主要集中在市场一体化水平测度的领域内，很少有文献涉及金融发展对市场一体化的影响。有观点认为，金融是促进经济发展的重要因素，而经济发展是导致区域一体化水平提高的重要力量，因此，从逻辑上说金融的发展能够促进区域内市场一体化水平的提高。但是，相反的观点认为，金融发展使得区域内各地区自我发展的能力提高，因此，金融发展，除非是三地金融的相互融合才能促进市场一体化的发展。本文在计算京津冀地区市场一体化的基础上，分析了金融发展对三地市场一体化发展的影响。二、京津冀市场一体化测度目前测算市场一体化的方法有生产法、贸易流量法和价格法，使用不同方法对市场一体化进行估计结果存在一定程度的差异，本文主要使用价格法。由于存在交易成本，因此两地价格最终不可能完全相等，而是在一个区间内上下波动。同时研究还表明，两地价格既可以同向变动也可以反向变动，只要相对价格的取值不超过一定的区间，就可以认为两地之间的市场是整合的。Charles Engle， John H.Rogers( 1994)利用冰川模型和各地区间相对价格的方程变动，测算出了美国、加拿大和日本等发达国家之间的“边界效应”。根据 Parsley David， Shang-jin Wei(2001)等人的研究，用两地商品相对价格的方差 var (PA)表示相对价格波动幅度。方差随时间变化而收窄，则意味着无套利区间\[(1-c)，收稿日期：2015-06-20 作者简介：丁振辉(1987-)男江苏泰兴人经济学博士供职于中国人民大学博士后科研流动站，中国工商银行博士后科研工作站。 1/(1-c)\]收窄，两地间的商品套利机会减少，商品相对价格波动范围缩小，阻碍地区市场整合的因素减少，交易成本。降低，最终意味着市场一体化程度提升。测算区域内不同地区之间的相对价格方差，需要3 维(txmxk)面板数据。其中，t是时间， m是地区，k是商品种类。我们的原始数据来源于《中国统计年鉴》中物价章节对居民零售商品价格指数的统计，涵盖了1996—2013年京津冀三地数据。从2004年开始，统计局将蛋从肉禽及其制品中单列出来，将文化体育分拆成文化办公用品及体育娱乐用品，去掉了机电产品，新增了交通、通信用品和家具，其他12类别基本保持一致。同时，我们还剔除掉了首饰、书报杂志和中西药品3大类商品，因为这3类商品基本都是全国定价，相对价格差异较小，因此可能会人为提高区域市场一体化程度。因此，我们从中选取了从1996年以来连续统计的9类商品，包括食品、烟酒饮料、服装鞋帽、纺织品、家用电器、日用品、化妆品、燃料、建筑装潢材料。这样我们分别可以得到一个(16×3×9)的三维面板数据。可以直接利用环比价格指数构造市场一体化指标，如公式(1)。 *很明显，环比指数 ln(P/P；)-ln(P/p\)同样可以用来表示相对价格，这样大大方便了我们的计算。根据样本，我们可以获得405(45×9)个差分形式相对价格指标▲Q。另外，继续考虑相对价格分子和分母的问题，即京津(津京)、京冀(冀京)、津冀(冀津)，分子分母对换，虽然意义不发生改变，但是将引起符号发生正负变化，因此，我们这里对▲Q取绝对值，1AQ1。为了更准确地计算相对价格方差，还需要剔除IAQ1中因商品异质性而导致的非叠加效应。所谓非叠加效应，我们可以将两地商品相对价格变动分解成为部分，第一部分变动仅仅商品自身的属性相关，就是异质性商品的非叠加效应；第二部分与商品自身属性无关，受到贸易壁垒等交易成本的影响，这是我们需要研究的内容。因此，我们需要去除非叠加效应。具体的方法可以采用均值法，假设IAQ由两部分构成， a\和Eij，* ak 仅仅和商品种类k相关，a=a=a(h、ij分别代表三省市)。而ej与i、j两地特殊市场环境相关。要消去a'，可以对给定年份t、给定商品种类k 的3对I▲Q\1求均值 avel▲Q1，在分别用每对 1▲Q减去该均值 avel▲Q\。我们有以下公式：记 qi=1AQ'l-avel▲Q.l= (ei-ave (e))，最终计算的相对价格变动的方差为 var(qi)。这里的var (qi)最终只和地域分割及一些不可判别的随机因素相关。逐对(相邻省市：京津、京冀、津冀)、逐年计算9类商品之间的相对价格变动一阶差分形式方差，既可以得到京津冀地区1组相邻省市17年的相对价格方差时间序列数据(见表1)。表1京津冀地区市场一体化测度 \| 年份 \| 北京河北 \| 北京天津 \| 天津河北 \| 京津冀 \| \| --- \| --- \| --- \| --- \| --- \| \| 1997 \| 18.65 \| 29.03 \| 16.13 \| 63.81 \| \| 1998 \| 19.95 \| 30.33 \| 17.76 \| 68.03 \| \| 1999 \| 22.47 \| 33.85 \| 18.78 \| 75.09 \| \| 2000 \| 24.93 \| 35.20 \| 22.75 \| 82.88 \| \| 2001 \| 25.16 \| 36.88 \| 24.92 \| 86.96 \| \| 2002 \| 28.08 \| 39.35 \| 27.53 \| 94.96 \| \| 2003 \| 33.40 \| 46.63 \| 31.93 \| 111.95 \| \| 2004 \| 34.79 \| 50.09 \| 33.35 \| 118.24 \| \| 2005 \| 39.79 \| 61.26 \| 34.79 \| 135.85 \| \| 2006 \| 47.33 \| 64.25 \| 36.05 \| 147.63 \| \| 2007 \| 49.66 \| 66.12 \| 37.21 \| 153.00 \| \| 2008 \| 50.21 \| 70.84 \| 39.07 \| 160.12 \| \| 2009 \| 47.72 \| 62.64 \| 35.98 \| 146.35 \| \| 2010 \| 46.20 \| 62.45 \| 33.47 \| 142.13 \| \| 2011 \| 44.97 \| 75.08 \| 40.87 \| 160.92 \| \| 2012 \| 53.36 \| 100.01 \| 49.09 \| 202.46 \| \| 2013 \| 60.46 \| 96.58 \| 51.38 \| 208.42 \| 京津冀地区相对价格方差整体走势不断收窄，但是在金融危机期间略有反弹，由于相对价格方差是市场一体化水平的逆指标，因此本文在早期研究基础之上设计了一个市场一体化水平的正向指标来指代京津冀地区市场一体化水平：在得到京冀、京津和津冀三对市场一体化指标的基础上，再加总求和可以得到京津冀三地的市场一体化水平。可以发现，整体而言，京津冀市场一体化程度不断上升，这显示出随着我国经济增长和改革开放不断推进，京津冀三地交往和联系不断加强，市场间的割裂逐渐减少，这为京津冀一体化发展奠定了基础。京冀市场一体化指标由1997年的18.65上升到2013年的60.46，京津市场一体化指标由1997年的29.03上升到2013年的96.58，津冀市场一体化指标由1997年的16.13上升到2013年的51.38，京津冀市场一体化指标则由1997年的63.81上升到2013年的 208.42。整体而言，京津的市场一体化程度最高、津冀市场一体化程度最低，这也可以发现市场一体化程度与各地的经济发展水平，或者金融发展水平有着一定的联系。我们还可以发现，在2009年金融危机后，京津冀地区市场一体化水平都出现了较大幅度的下降。也就是说经济危机或者金融危机确实降低了市场一体化水平，我们认为这主要是因为为了应对金融危机或者经济危机的冲击，地方政府将促进省内经济发展放在首要地位，而不是通过采取地域合作的方式共同应对经济下滑的冲击，各地都会采取一些积极的或者消极的保护措施鼓励本地经济首先发展，这些措施有意或者无意地割裂了市场之间的联系，造成了市场一体化水平的下降。结合京津冀市场一体化的整体趋势和在金融危机期间的表现，我们假设的金融发展会对京津冀市场一体化产生影响是可以成立的。三、金融发展对京津冀市场一体化影响的实证分析加入了经济发展和对外贸易两个控制变量，采用向方程逐渐增减变量的方法以得到最优的回归结果，逐渐筛选合适的变量。其中经济发展用 GDP 取对数的方法得到，对外贸易用对外贸易规模除以GDP 的贸易依存度来表示。各变量及其说明见表2。由于市场一体化水平衡量的是两地间的一体化程度，因此被解释变量包含的信息是双重的，为此需要对解释变量和控制变量进行相应的调整，本文取两地相关数据之积。例如，截面数据是京冀一体化水平时，解释变量和控制变量分别取北京和河北的相关数据之积其他类似。分布回归结果见表3。方程1是仅考虑贷款余额的情形，当仅考虑贷款余额单一变量时，贷款余额与市场一体化正相关，系数是15.978，系数和方程可以通过显著性检验，方程1的拟合度约为0.5788。方程2是仅考虑保费收入的情形，当仅考虑保费收入单一变量时，保费余额和市场一体化同样正相关，变量系数是1.83，系数和方程也均能通过显著性检验，但是为了验证金融发展对京津冀市场一体化的影响，本文将京津冀市场一体化指标作为被解释变量，而将金融发展作为解释变量，用一个简单的长面板模型进行分析。方程如下： ythi=bo+b jrfz；+u 其中， yth 是京津冀地区市场一体化指标，而 jrfz 是金融发展指标，本文用两个指标指代金融发展，，一是金融机构贷款规模除以GDP的比例，大量文献中均用金融机构贷款规模除以 GDP 得到金融相关比例来计算各地金融发展程度(Gold-smithR.N ，1969)。此外，本文还引入了保险行业原保费收入除以GDP作为金融发展的另外一个指标。同时，为了控制贷款和保险对市场一体化的影响渠道，本文 \| 变量 \| 变量类型 \| 变量说明 \| 数据来源 \| \| --- \| --- \| --- \| --- \| \| yth \| 被解释变量 \| 市场一体化指标，相对价格方差的倒数得到 \| 计算 \| \| loan \| 解释变量 \| 金融发展指标，金融机构贷款余额除以 GDP得到 \| 《北京市统计年鉴》、《河北省统计年鉴》、《天津市统计年鉴》及三地《国民经济及社会发展统计公报》 \| \| insu \| 解释变量 \| 金融发展指标，保险行业原保费收入除以 GDP得到 \| 《北京市统计年鉴》、《河北省统计年鉴》、《天津市统计年鉴》及三地《国民经济及社会发展统计公报》 \| \| gdp \| 控制变量 \| 经济发展指标，GDP 规模取对数得到 \| 《北京市统计年鉴》、《河北省统计年鉴》、《天津市统计年鉴》及三地《国民经济及社会发展统计公报》 \| \| trade \| 控制变量 \| 贸易发展指标，进出口总额除以 GDP 得到 \| 《北京市统计年鉴》、《河北省统计年鉴》、《天津市统计年鉴》及三地《国民经济及社会发展统计公报》 \| 表3方程分步回归结果 \| \| 方程1 \| 方程2 \| 方程3 \| 方程4 \| 方程5 \| 方程6 \| 方程7 \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| loan \| 15.978(8.35) \| \| \| 14.508 27(6.26) \| 7.301122(3.78) \| \-14.945 49(-3.42) \| 16.03144(4.47) \| \| insu \| \| 1.832 085(4.25) \| \| 0.438 052 7(1.12) \| \| \| \| \| gdp \| \| \| \| \| 0.838 9806(9.65) \| \| \| \| trade \| \| \| \| \| 0.0014311(4.16) \| \| \| \| *loan \ insu \| \| \| 0.804 569 4(6.42) \| \| \| \| \| \| loan "gdp \| \| \| \| \| \| 0.364191(7.42) \| \| \| loan \* trade \| \| \| \| \| \| \| \-4.07e-06(-0.02) \| \| cons \| 15.839 58(4.41) \| 25.020 75(5.38) \| 27.620 84(9.2) \| 14.137 75(3.63) \| \-40.954 12(-6.51) \| 19.430 48(7.70) \| 4.471285(3.53) \| \| F \| 69.72 \| 18.09 \| 41.22 \| 35.66 \| 97.50 \| 100.92 \| 34.15 \| \| adj. R² \| 0.578 8 \| 0.254 7 \| 0.445 8 \| 0.580 9 \| 0.852 7 \| 0.807 9 \| 0.570 1 \| 注：其中括号内是系数的t检验值。方程的拟合优度较差，仅为0.25。方程3是考虑将货款余额和保费收入相乘得到一个“新金融”发展变量的情形，这种情况下“新金融”相关变量与市场一体化正相关，系数和方程都能通过显著性检验，但是方程3的拟合优度也弱于方程1。方程4是将贷款余额和保费收入同时纳入方程时的结果，贷款余额系数和方程都能通过显著性检验，方程的拟合优度虽然上升，但是保费收入系数不能通过显著性检验。结合方程1到4的检验结果看，贷款余额与市场一体化高度正相关，并且系数都能通过显著性检验，拟合程度较好，但是加入保费收入相关变量后，可以发现方程的拟合优度或者显著性开始下降。因此，与贷款余额相比保费收入与市场一体化发展的相关性偏差。方程5-7分别考虑了引入经济增长和对外贸易，以及将经济增长和对外贸易作为控制变量的情况。可以发现，方程5各个变量的系数和方程都能通过显著性检验，并且方程的拟合度较高，为0.8527；方程6将经济增长作为控制变量，变量的系数和方程都能通过显著性检验，但是方程的拟合优度下降；方程7将对外贸易作为控制变量，变量的系数和方程都能通过显著性检验，但是方程的拟合优度明显下降，仅为0.57。因此，结合方程5和方程6，贷款余额与京津冀地区市场一体化正相关，同时经济增长对市场一体化也有显著的正向相关关系。四、小结根据表3可以认为在京津冀市场一体化进程中，金融发展和经济增长对京津冀市场一体化有重要影响，京津冀两地间贷款占 GDP 比重积数提高 (上接第10页)使用。 6.利用光密度值计算钞票的流通寿命的方法可行但需完善。利用光密度值推算钞票的流通寿命，是将钞票的污损程度统一使用光密度值来衡量，但对于极端的损毁情况，如撕角、孔洞等则不适用。利用两者关系进行分析建模的前提条件是，钞票样本的流通环境一致，但实际情况并非如此，此外，一个百分点可以提高京津冀市场一体化7.3个百分点，京津冀两地间 GDP 积数提高一个百分点可以提高京津冀市场一体化0.84个百分点，京津冀两地间贸易依存度积数提高一个百分点可以提高京津冀市场一体化0.0014个百分点。因此，为了促进京津冀地区市场一体化，应该努力夯实京津冀市场一体化的经济基础。随着金融在经济发展中扮演的作用越来越高，应该更加重视金融在京津冀市场一体化中的先导作用，努力打造金融互联互通的平台，推动京津冀市场一体化。注释： ①无套利区间\[1-c，1/(1-c)\]的对数形式是\[In(1-c)，ln(1/(1-c))\]=\[\]n(1-c)，-ln(1-c)\]，是对称的，因此对▲Qk取绝对值或者不取绝对值，对套利区间不造成影响，只不过两者的套利方向相反，参考文献： \[1\]沈立人戴园晨.我国“诸侯经济”的形成及其弊端和根源\[J\]经济研究，1990(3)：12-20. \[2\]郑毓盛李崇高.中国地方分割的效率损失\[J\].中国社会科学2003(1)64-73. \[3\]赵奇伟熊性美.中国三大市场分割程度的比较分析：时间走势与区域差异\[J\].世界经济，2009(6)41-53. \[4\]范剑勇林云.产品同质性、投资的地方保护与国内产品市场一体化预测\[J\].经济研究2011(11)48-59. \[5\]桂琦寒，陈敏陆铭陈钊.中国国内商品市场趋于分割还是整合基于相对价格法的分析\[J\].世界经济2006(2)：20-30. 本文中钞票样本的流通时间与其真实流通时间有一定的误差，且不同的流通环境对钞票光密度值变化的影响程度不一，因此，若需提高利用光密度值方法推算钞票流通寿命的准确性，还应进一步提高钞票样本分布的科学性及钞票样本流通时间的准确性。 CASS National Canter for Phllosophy and Soclal Sclences Documantatlon**	__label__neg	null	null	null	null	null
en	hf cc0-1.0	https://huggingface.co/datasets/storytracer/US-PD-Books	The Hecuba of Euripides : a revised text with notes and an introduction author: Euripides; Bond, John; Walpole, Arthur Sumner, 1850-1920 : $B 25? 356 Se "ON Leys a ae Poa => OA] SHOISSIIIP Va — Ay es ae 8 le aie 5 > ama DaLlavay VINHOXITVO AO ALISHAAINN IHL LO AMVUSIT ASHAY OF 3 Cte from ./ ation 5 A L ae ng : ARS ie , 2 @lementarp Classtrs, THE HECUBA OF HURIPIDES. A REVISED TEXT WITH NOTES AND AN INTRODUCTION BY THE REV. JOHN: BOND, M.A. CHAPLAIN AND CLASSICAL INSTRUCTOR ROYAL MILITARY ACADEMY, WOOLWICH ; FORMERLY SCHOLAR OF ST JOHN’S COLLEGE, OXFORD; AND ARTHUR SUMNER WALPOLE, M.A. FORMERLY SCHOLAR OF MQRCESTEE COLLEGE, OXFORD. ; 14 Ry \ SITY aon: : rete AND CO. [The right of translation and reproduction is reserved. } % ’ Cambridge : PRINTED BY C. J. CLAY & SON, AT THE UNIVERSITY PRESS. LYZSY 3975 9 ae 1872 MAN PREFACE. THE present edition of the Hecuba is mainly in- tended to explain and illustrate the play itself. But it being impossible to treat a Greek play as a separate and isolated whole we have tried to make sure that a boy after carefully and intelligently studying our commentary shall not merely be able to pass a close examination in the Hecuba itself, but shall know more both of Euripides and of Greek scholarship in general. Our obligations to previous editors are very great: but we have carefully avoided the mistake of writing a mere compilation, which must needs be crude and therefore unsatisfactory. The editors to whom our acknowledgments are more especially due are Porson, Pflugk, Hermann, Dindorf, Kirchhoff, Nauck, Paley, ‘Wecklein and Weil. Our text is for the most part conservative, follow- ing—(as all modern editors must)—the lead of Kirch- 1—2 v1 \| PRELACE: hoff, whose edition of 1855 placed the text of Euripides — on a new footing. With him we have given great weight to the best class of MSS., viz. the Marcian (xii. cent.), the Vatican (xiii. ?), and the two Parisian, 2712, 2713; denoted by Prinz A, B, E, a respec- tively. The ‘best MS.’ occasionally mentioned in the commentary is the first of these. All quotations have been given in full, and the only book to which mere references have been made is Prof. Goodwin’s excellent School Greek Grammar. We gratefully acknowledge valuable help and advice from the well-known scholars Prof. Kennedy, Mr E.§. Shuckburgh and Mr A. W. Verrall. INTRODUCTION. EvuRIPIDEs was born B.c, 480, perhaps on the very day when in ‘the battle’ at ‘sea-born Salamis’ Athens under Themistokles destroyed the great Persian force which Xerxes had brought against Hellas, and won the fight of civilisation and progress over stagnation and barbarism. His lot was therefore cast in the most brilliant epoch of Athenian. history, and while he was growing up to manhood the life of the whole of Hellas ran high, all was movement and vigour tempered by Athenian taste into an artistic beauty dignified by power. The literary form which this out- burst of energy took was, as in Elizabethan England, the drama. Aeschylus born B.c. 525 and Sophokles born B,c. 495 had perfected the form of tragedy, the one ruggedly grand, the latter ideally perfect. It was reserved for their great successor Euripides to make tragedy not heroic but human, to paint men not as they ought to be but as they are when toiling, rejoicing, sorrowing jn the high-ways and the bye- ways of everyday life. We may everywhere see ‘Our Euripides the human With his droppings of warm tears And his touches of things common Till they rose to touch the spheres’. 4 * Xen; Anab. 1. 2. 9. Vili \| INTRODUCTION. ‘His object was to excite interest, not by distant grandeur like Aeschylus, nor by ideals however touch- ing and poetic like Sophokles, but by bringing real men and women on the stage, with real human passions and feelings as his countrymen saw them every day in Athens. ‘The strong side of this realism is clearly ‘the touch of nature’, the weak side is the danger of its losing all effect and becoming common- _ place and undignified’. 4 he Hecusa tells the story of the Trojan queen’s sorrows,—the hateful exchange of slavery for royal estate, the foul murder of her son, the sacrifice of her daughter,—and the bloody revenge wreaked by her upon the slayer of her boy. It abounds with the \| good and bad points of the poet. It is, as Aristotle said, the ‘most tragic’ of dramas, and is full of pathetic power. » But the set harangues on the possibility of teaching virtue and on the value of rhetoric (traces of the poet’s intimate relations with Sokrates, Anaxagoras and other leading spirits of his day,) sound cold and in bad taste, coming as they do from the mouth of a mother steeped in bitter woe. Again, the loose joining of the two parts of which the play is composed indi- cates a weak point in the poet. The death of Polyxena and the cruel revenge upon Polymestor are really two separate pieces which Euripides has not cared to weld into one very fast whole. For whereas Sophokles contrived that every scene should lead up to the catastrophe, Euripides relied upon the telling nature of particular situations. , It is somewhat strange that, while Euripides gained the first prize but five times in the course of his long dramatic career, so many as 18 of his plays have come down to usas against seven of Sophokles and Aeschylus respectively. His tender pathos and modern spirit INTRODUCTION. ix will account for his popularity in modern times; for his want of success in his own days, ‘why crown whom Zeus has crowned in soul before?’ _ In criticising such prologues as that spoken by the shade of Polydorus, we must remember that every Athenian in the theatre knew perfectly well already the whole tale of ‘the mobled queen.’ But he would watch with breathless interest to see how the poet would work out and develop the familiar story, and the prize would be adjudged accordingly. The audience was probably as highly educated as our own Commons; ‘for the house is clever’, said Aristophanes, one of the cleverest of them all. Macaulay truly says, ‘An Athenian citizen might possess very few volumes ; and the largest library to which he had access might be much less valuable than Johnson’s bookcase in Bolt Court. But the Athenian might pass every morning in conversation with Socrates, and might hear Pericles speak four or five times ina month. Hesaw the plays of Sophocles and Aristophanes: he walked amidst the friezes of Phidias and the paintings of Zeuxis: he knew by, heart the choruses of Aeschylus’. \| The date of the Hecuba is fixed with fair precision to B.c. 425 or thereabouts. For Aristophanes in the Clouds, which came out B.c. 423, parodies-v. 172; compare also the notes on 462, 650. Its moral is the antithesis of barbarism and savagery to Hellenic culture and the reign of law, together with a practical illustration of the favourite Greek saying dpacavte maGeiv. The scene is laid in the Thracian Chersonese, over against Troy, where the anger of Achilles has held back the favourable wind from the Greek fleet. His Shade has just appeared above his tomb, demand- F 1165. x INTRODUCTION. ing as sacrifice the fairest of the Trojan maidens. A Greek council of war votes that Hecuba’s daughter Polyxena shall die. Here the action of the play opens. Structure of the Play. I. Protocuz, 1—99=that part of a tragedy which precedes the first entrance of the chorus. II, Paropus, 100—154=the song of the chorus as they march into the orchestra and take their place. III. First Episope, 155—448, LV. First STrASIMON, 444-483. A Stasimon is a song sung by the chorus from their sta- tion. g V. Second Erisopr, 484—628. VI. Second Stastmon, 629—657. VIL. Third Erisopr, 658—904. VIIIL. Zhird Srasimon, 905—952. 1X. Exopvus, 953—end. Episodes are the dialogues which come between two choral odes, and it will be seen that they roughly divide the whole play into acts. The Doric poet Alkman gave an artistic form to the choral lyric by arranging that the chorus, while singing stasima, should execute alternately a movement to the right (STROPHE turning) and a movement to the left (ANTISTROPHE) ; and he composed the songs which the chorus was to sing in couples of stanzas called sTROPHE and ANTI- STROPHE, answering to these balanced movements. Tisias of Sicily (surnamed Stesichorus, ‘marshal of _ choruses’,) perfected the form of the choral lyric by adding to STROPHE and ANTISTROPHE a third part, the INTRODUCTION. OF ico EPODOS, sung by the chorus while it remained station- ary after the movements to right and left. It is advisable to add a few words in explanation of the scholia which are sometimes cited in the com- mentary. The scholia of Euripides consist of a putting _ together of two continuous commentaries, the fuller one the work of Dionysius, the other by an anonymous writer, both drawing from Alexander, who again drew largely from Didymus: he for the most part re- produced the opinions of earlier commentators. The genealogy therefore is (1) Didymus, (2) Alexander, (3) (a) Dionysius, (6) Anon., (4) the Scholia them- selves. Ae os rs * oY eit > oe y a igs] wea a As Pe A 4 a+ EKABH. TA TOY APAMATOS, ITPOSOQIIA. TIOATAQPOT EIAQAON. EKABH. - XOPOZ AIXMAAQTIAQN Sly Sanne TIOATZENH, OATZZETZ. TAAOYTBIOZ. OEPAILTAINA. ATAMEMNON. TOATMHZTQP KAI OI WAIAEZ ATTOY. The scene is laid throughout in the Grecian encampment on the shores of the Thracian Chersonese. ee ry a ripe ye DF £ TAZ AE a eit ‘ we =. 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OE EK EYPITIIAOY OEPAIIAINA. yovaixes, “ExdBn rod rol y ravabdia, c / PALO ew. \ a \ yn wavTa viKao avopa Kat OjAuvy oropav ra 7 3 vo \ / > a] / " Kakots, WwW ovdets otépavov avOaipyoerat; ti 8, & Tarawa ons KaxoyAwocouv Bojs; ¢€ 4 > ¢ , U4 ws ovr0l evdes AvTpa cov Kypvypara. ¢ / / 7Q>0—COi . n \ ExaBy dépw 10d aAyos: év Kakotor dé 3 , ISA “ 3s “ / ov padvov Bpototow evdypety oropa. Kat pnv wepdoa Tvyxaver Sdpwv v7rep nO, €s O€ Kalpoy gotor daiverat Adyots. & mavtaAawva, Katt paddAov 7 A€yw, Séorow’, OAwAas, ovkér cf, BAérovea dias, arais, avavdpos, amodus, eebbapmévy. ov Kawvov elas, eidoow 8 wvreidioas. arap ti vexpov rovde por. IloAvgévns 7 / > - kd / 4 nKeis. Kopilova’, ys arnyyehOn Taos y 4 > a ‘\ . \ oy] mavtwv “Axaidv Sia xepds orovdny exe; no ovdev oldev, atAa pou ILoAvgévny Opnvel, véewy 8 mypdtwv ody amrrerat lp doe / a \ a , ot ‘yw TaAdawva, pov To Baxxetoy Kapo. Ts Ocoriwdod Seipo Kacdvdpas depeis; a , \ , pom" , Cacav AéAaxas, Tov Oavovta 8 ov orévets / 3» > > »” A \ nn TOvd. GAN ablpycov cya yupvwhev vexpod, el cor aveitar Gatua Kal wap éAzidas. oimor, Brew Sy maid enov teOvyKdra TloAvdwpov, ov pot pus hed oiKols avyp. weobatie: is dSvoTyVvos, ovKér «ipl ot @ TEKVOY, 660 665 670 675 680 OE BK. XO. EK. @E. EK OE EK. XO. EK XO RK. EKABH. 27 24 , , ‘ aiat, KaTapxouar vomov 685 a ? , Baxxetov, e€ adacropos : “a apTiynabys KaAKOV. ” ‘ 4 80 > bv 4 eyvws yap arnv maidos, ® Stvaoryve ov; ” amior amticTa, Kawa Kawa dSépKopau, > > Lal evepa, 0 ab ETépwv Kaka KaKOV KUpeEl' 690 2907 Cas , 207 e 4 2 9 , ovdéroTt agrévaktov, addkpvTov apépa p emioyxy- TEL. 43 > / \ , , d<civ, ® Tadava, dewa macyomey Kaka, S , , , ‘ @ TEKVOV, TEKVOV TAaAQaLVaS [aTPOS, 695 , / “ rive popw OvycKes, Tive TOTMM KEioaL; TMpOos Tivos dvOpwtrev ; 3 80° ed > a A / ovK 010. é axtats vw Kupd Oadacoiats. A / exBAyrov, 7 méonpa douviov Sopos, ev Wapdalw Aevpa ; 700 4 / movrov viv eéyveyKe meAdytos KAVOwr. yy nw wpot, aiat, euafov &vurvov opparwv A bad MA éuav ov, ov pe mapeBa da- / ora peAavorrepov 705 a b) a 2 , > av éceidov audi o, > / oe a al A Y , @ TEKVOV, OVKET ovtTa Atos ev daet. al / / Tis yap vw éxrew'; oicf oveipodpwv dpacat; aie = Pee , PS ks ¢€ 4 éuos éuos E€évos, Opyxios trmoras, 710 yg? e t \ + , ’ iW o yépwv maryp eerd vw Kpvias. y ‘4 lA \ € + , @pot, TE Aéets; Ypvoov ws eyyn KTaveyv; »” > 3 , appyt, avwvopacra, Oavpatwv mépa, v7 > 5 n OVX OGL, OVO aveKTa. od Oika Eévov; 715 > 4 > > al € / ® KaTapat avdpdv, ws dienoipacw / / \ / Xp0a, ciWapéw TEeuav hacyave 28 XO, EK. AT. EK. AT: EK AT. EYPITIAOY a“ ¥ pérea Todde aides, od WKTLTW. 720 S a 4 : / ra @ tAnpov, ws oe ToAvTOvwTaTnvy BpoTav ag y i ee , ainwv €OnKxev, Gotis éoti cor Bapus. GAN cicopd yap Todde Seomorou Séuas “Ayapéuvovos, TovvOevde oryadpev, pirat 725 ATAMEMNON. ‘ExaBy, ti peAdXets aida onv Kpimrew tadw éMfota’, ep olorep TadOuBuos yyyerA€ poe \ 4 a \ v.39" -2 / , Bn Ovyyavew ons pydev “Apyeiwv Kopys ; ¢ n . 3 oA Oo. > , > NES MEV OVY ElWmEV OVO eavomeEV ov d& cxyoAdles, wore Oavpalew epé, 730° ¢ > > a Ser \ > nkw 0 amootehdy oe’ TaxeiPev yap ev ? 3 > \ + 4 > » A ~ TeTpaypev eotlv, el TL TOVD eoTiv Karas. .)) Ye yo ld > , a % “ e A éa* tiv avopa Tovd émt oKyvais opa , , 5 4 > wn Ld Gavovra Tpwwv; ov yap “Apyetov, wémrXot dé , > , 4 eas TepiTTvacovTes ayyéAAovot pou 735 , 3 > ‘ ‘ / , Q dvoTnv, euauvTyv yap éyw hEyova ce, € , 4 “4 4 / , ExaBy, ti dpacw; worepa tpoorérw yovu "A , DO. x , a ,. YOfLEVOVOS TOUO, 7) PEPW OLY Kaka. ; Ti pot TpoTwT® VoTOV eyKkAivaca CoV A \ Svpet, To mpaxGev 5 od Aé€yets, tis oF Ode 740 GAN el pe SovdAnv modeniav 6 yyovpevos , ? , 2 ” 5) , a ey. yovatwv arucatt, adyos av mpoobeined’ av. OUTOL TEPvKA pavtis, WoTE py KAVWY 3 n n en \ / eEictopncat adv odoy Bovrevpatuv. dp ékAoyilopat ye mpos TO Sucpeves 745 paAXrov hpévas TODD, ovTos odxi SuTpEVois ; et tot we BovrXa Tavde pydéev cidévan, EK. AT. EK. AT’. EK. AT. EK. AT. EK. AT’. EK AT’. EK AT". EK AT’. EK AT EK. AT EK. EKABH. 29 q@ A 4 és ravrov yKels* Kal yap ovd éyw KAveu, > s\ , A a) 7 ovx av duvaiyyny Tovde Tiyswwpely aTep TEKVOLOL TOLS eoioL. Ti oOTpépw TAOE ; 750 a > x \ \ TOAPGV avaryKyn, Kav TUXHW Kav py TIX. "Ayadpepvov, tkerevw oe THVdE youvaTwv AX ral , A > 3 7 kal gov yevelov defids T evdaipovos. Ti Xpypa pactevovoa; pov édevOepov 28 , r af , > , aidva OécGar; padwov yap éoti cot 755 [od dy7a* rods Kakovds dé Tipwpovpery, aidva tov Eipmravta SovArctoat Oérw. \ \ ad, c¢ « > > , al Kat On tiv’ yuoas eis érapkeow KaXets ;\| 4 , & \ 5 é / + ovdev TL TOUTwWY wv ov Sokalers, avaé. Aa Mx 4 Opas veKpov Tovd, ov Katactalw Saxpv ; 760 ¢ A, \ , / > ” “ opO* To pevtor péAXAov ovK exw pabeiv. ae > 9 ” ? ° TOUTOV ToT ereKov Kadepov Cwvys vro. # X ? a & > a / éotw O€ Tis OMY OUTOS, ® TAHMOV, TéKVWV ; ov tov Oavdvrwv Ipiamidav vr “Triv. S 4 > ” »” Bs , 4, n yop tw adAov ETeKEs 7 KElVOUS, ‘yuval ; 765 > , 4 3 e oy 4 > aA 5 nr GVOVNTA Y, Ws EoLKe, TOVO OV eicopas. ~ 3 3\ > , > mT ie »# 7 mov 0 ov érvyxav, qvik wAduTO TTOAS ; / 2¢/ > 6a lal maTyp viv ecéreuwev, oppwoadv Oavetv. Tol TOV TOT OVTWY xwpicas TéKVWY [MOVOV ; 3 , , e ee , €S THVOE Xwpayv, OVTEp nupeOn Gavwv. 779° A + 2 a ¥ a ~ , 7 mpos avop, os apxee THode TloAvpyotwp yxOoves ; évravl éréupOn mixpotarov xpvood pvAaé. , a OvyoKker S€ pds TOU Kal Tivos ToTMOU TUXEV ; 3 €,":3 ” ¢ Twos y ur addov; Opyngé vw wrece Eévos. > a 9S \ ee a @ TARpov, y Tov xpvcov npacOyn AaPetv ; 775 > ‘ Tour, émeidy Evudopay éyvw Ppvyar. 30 EYPINIAOY e A AT. yupes S€ rot vw, 4 tis HveyKev veKpov ; 7Q> A “a EK. 46, évrvyotoa movtias axths ert. AT’. tovrov patevovo’, 7) tovota aAXov ovov; > » EK. douvtp wxer olaove ée€ ados Todvéévy. 780 AT. ktavdyv viv, ws eorxev, exBadrAer §€vos. EK. @adaccdrAaykrov y, wd duareuov xpoa. 2 a AT. @ oxetAXia od THY apeTpyTWV over. y+ al EK. odwdAa, xovdév Aowrdv, “Aydpenvov, KaKar. AT. det dev" tis ovtw Svaotvyyns Ev yuvy ; 785 EK. ov« éorwv, ei py THY Tiynv adrnv Aéyots. > >. @ 7 > > \ \ / , aXX wvirep ovvek appt cov rintw ovr, aKovcoV. € pev Oo1k cor wabety doKd, la 2 rie» > \ 7 4 wn orepyoun av’ et € TovpTadw, OV por yevod \ > TYyLWpPOS aVvdpos avoowwTaTou ~€vou, 790 a 3 Q lal , ” \ » ~. Os oure Tovs yas vépHev ovre TOS avw deioas Sédpaxev Epyov avocwraror, A / , \ > \ Kowns tpamelyns moAAakis TvXov eL0l, [éevias + apiOud mpdra trav éudv didwv* vias T apiOud mp pe “A 4 roxyov 8 dow de Kat AaBay rpopnOiay, \| 795 exrewve, TUBov O, ei KTavelv eBovdero, ovk n&iwoev, GAN adjKe movTiov. an “a > “ + 7 neers pev ovv SoddAol te KacGeveis tows % > A GAN of Peot chévovet xw KEivwv KpaTtav \ 4 ¢ , vomos’ vow yap Tovs Oeors yyovpeba, 800 Q a) 7 \ id > e Ul ‘ kat Comev adixa Kat dixat wpiopevot , 8s és o° aveAOuv ei dSiadOapycerat, , kal pn Siknv Swcovot ottiwes E€vous n a / kreivovow 7 Oedv ipa toApaow dépew, A i 7 obk éoTw ovdev THY év avOpwrots ioov. 805 EKABH. 3l1 a3 - 3 ai a“ Q , io / G 4 Tar ovv ev aioxpa Oéuevos aidéoyri pe, » ey a ‘ , > 9 = OUKTELpOV HAS, Ws ypadheds T arrooTabeis 20 A ( @> Ff , idod pe Kavalpyoov ot exw Kaka. TUpavvos HV woT, aAAa viv SovdAn oer, evrais ToT ovca, voy dé ypads amas O aya, 810 amoXis, épnos, dOAwrarn Bpotav. » , A > e , / Oiuor TaAaLva, To, ph vaekayels 700a.; + , 29/7 > U 9), US €ouxa mpage ovdev' ® Tadaty eyo. ti Syta Ovytol TadAa pev pabypara poxJotpev ws yp) wavTa Kal pacrevouey, 815 mevlw S& tHv Tvpavvov avOpwrots povyy, ovdév te padAov és Tédos orrovdalomev ‘\ / tA 7? 3 pucbors Siovres pavOavew, tv nv more 4 7 lA , ai meiew a tis BovAoto, tuyxavew OF apa; mwas ouv ér av tis éAmioa: tpagew Kadds; 820 e ‘ \ + “a Te AoE A ay ol pev yap ovres Taides ovKEeT eit pot, > A a yeh > a > , + . avtn O ér aicxpois aixyadwros oixouat ‘\ \ 4 , > e 7 > e a Kamvov O& woAews TOVd vmrepOpwoKovO Opa. \ \ » \ a“ 7 ‘ , kal pyv tows pev Tov oyou Kevov TOde, 4 Kuzpw mpoBadrcv' adr opuws cipyoerar' 825 Mpos Golo. wAEvpots wats eun Koilerat 7 poiBas Av Kadotor Kacavdpa Ppvyes. mov tas didas dir ecddpovas SeiEas, avaé, A A 2 3 A , > , 7 TOV ev ev piATaTwY aoTacpaTwV / > ¢ a es Ss 4 Paha F xapw tiv ea wats éun, Keivys 8 eyo; 830 “ a id [é€x Tov oKdTOU yap TOV TE VUKTEépwv TaVvU lal , didtpov peyiotn ylyverat Bporois xapts. \| 4 , cal axove 84 vuv' tov Oavovta Tovd Opas ; A : A a + ‘ , TovTov Kaas Spadv ovta kydeoryv oéev 32 XO Ar. EYPILIAOY l4 4 Spacers. vos pot poOos évdens ern 835 ” , , ee , el pou yevoito pOoyyos év Bpayioor / lal Kat xepol Kal Kopaiot Kal qodav Baca, my , 7 Aaidadov réxvaow 7 Oedv twos, ¢ id > ¢ a a ws wavO opapth sav ExoiTO youvartwv o ] kNatovt, érirKymrovrTa Tavtoiovs Né-yous" 840 > os 2 @ décr0T, @ péytotov “EAAyow aos, muGov, mapacxes XElpa TH mper Burd. ‘ 2 \ , 2 > 29, TILWPOV, «i Kal pndev eoTLV, aAX O/LUS. éoOXAod yap avdpos tH dikn O fi yap avdpos tH Siky O tmnperetv \ \ \ lal A Aine 9A Kat TOUS KaKOUs Spav TavTaxoD KaKas ae. 845 , a Sewov ye, Ovytots ws amravta oupmirvel, \ > 4 és Kal Tas avayKas of vomot diwpicay, / z , 4 4, pirous tilevtes TOs TE TOAEULWTATOUS, aA 4 €xOpovs Te Tovs mplv edpevels morovpevon > \ ‘ \ \ a Q 4 , eyo oé Kal cov maida Kai TYxas ober, 850 ‘E L3 5 3 + nw ? ae rd , > Kay, dv oixtov xeipa O ixeciav exa, a 4 kat BovAopat Oedv O ovvex avociov Eévov Q lal v4 4 “a , Kal Tov duxaiov THvde cou Sovvar dixyy, y , > 7 4 ae oe Ce el THs pavein y woTe cor T EXEL KaAds, “~ er. oTpaTa te py dogayut Kacavdpas xapuv 855 @pyKys avoxt. Tovde Bovdcboar ovor. err yap 7 Tapayyos eumérTwKée jou" fa! : “ \ TOV avopa TodTov idiov yyeiTa, oTpaATOS, tov katOavovta 8 éyOpov: «i § enol didros 7a? ° A \ “ > \ “~ 8 66 éoTl, xwplis TOUTO KOU KOLVOV OTpPATO. 60 ‘ fal "5 ? € / / 2 ZF mpos Tavta ppovTil’ ws OéAovTa pev pm ExELS / col guprovncar Kal Taxdy TpocapKEecal, Bpadwv 8, “Axatots «i duaBrAnOjoopau. EK. AI. EK. AT RK. AT KK AT. EK. EKABH. pev' fal > , ovx €ort Ovytadv doris Eat eAcvGepos" vA la \ ay 7 > x\ 7 7) xpnuarwv yap SovAos éotw 7 TUX, A Ey 7}. wAHGs avtov woAEOS 7) VOMwV ypadal “a , / eipyovot xpnobor py Kata yvwopynv tpoToss. éret d&¢ tapBeis TO T OXAM wHéoV VEmELS, . “a , éyw oe Oyow Tovd eAcvGepov pofov. , \ \ + ae \ Etvicht pev yap, yv tt BovAevow KaKov A , 5 > 4 5 , de / 7) TOV amoxteivavTl, cvvdpacys S€ jy. qv © &€ ’Axaidy OdpvBos 7} ‘aixovpia maoxovtos avdpos OpyKos ola Teioerat avy tis, <ipye pn Soxav éunv xapw. 7a 8 adda Odpon’ mavt éyod Oyow Kadds, mas ovv; Ti Spaces; woTepa pac-yavoy xepl AaBotca ypaia porta BapBapov xrevets, } pappaxouriv, 4 ‘wikoupia. tint ; , , 4 / ‘4 Tis cou Evveotar xeip; wodev Ktyoer pidrovs ; aréyar kexevOaoe aide Tpwadwy oxdor. \ : , > SS , md Tas aixnadwtous eizas, EAAjvwv aypayv ; giv taiode tov éuov dovéa Tipwpycopa. Kal Tas yuvaigiv apoévwv eoTaL KpaTos ; Sevov 70 rAjGo0s, giv 50rAw Te SVTpaxov. / ‘ / a / / Sewvov' To pévro Ondrv péudopuat yévos. / > > ae: ® ee. / ti 8; ov yuvaixes cidoy Aiyurrov réxva, kat Anuvov apdnv apoéevwv efoxioayv ; ae PET SP t ’ arr ws yevérOw' tovde pev pees Aoyor, wéepiov S€ po. THVS aadadds dia orparov yvuvaika, Kal ov, Opyki wAabcioa eva, Néfov, ‘kadet o avacca by wor ‘IXiov 33 865 870 875 880 885 8g0 34 AT’. XO. EYPITIIAOY \ 4 ‘ExaByn, cov ovK €Xaccov 7 Keivys xpéos, X\ A ‘ ¢ a A , > sQ7 7 Kal maidas' ws Set kal réxv eidévar Adyovus tous e& éxeivys.’ tov S& THs veoopayods > 4. 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A A ec , urovca, Awpis ws Kopa, ceuvay mpooilova 935 4 ” >» e ’ 3 ovk nvvo “Aptrepiv a TAGpLwV 4 A ¢ > 3 a3 > , ayop.o.t Se Oavovr idovo0 axotrav \ > \ wd > N / Tov é“ov aAtov émt méAayos, ’ > > a? +) \ / woAWw T amooKoTote, eel vOoTLMoV vavs éxivyoev moda Kal pe aro yas 940 wpirev “lArados, , 3 > na My ‘ Tadaw, amelrov ad-yeu TAV TOL Avookdpow “EXAevav e7w0. ld > ar , kao, Idatov re Bovray aivorapw Katapa didote, érei pe yas 945, 6 > rd > / 5 €K TaTpias amtwAEcev e€ - OKLTeV T OLKWY , 2 , \\2 WF , yf. yaj.os, OV yapos, aX\X addaropos tis oilus av pyre méa-yos GALov amrayda-yo mwadw, 950, I , a 9 > > PATE TATP@ov tkowT €s OLKOV. 36 EK EYPITIIAOY TIOATMHZTOP. 5 , > > a , 4 X BY [S dirrar avdpdv Upiope, pirraryn 82 o,] ‘E iB 8 , ? > a x A KaBn, Saxptw oa cicopdv wodw Te ony, Tv T aptiws Pavovoay éxyovov oébev. 955 per: : > ” a9 ‘ 7 > > / OvK €oTLY Ovdev TLoTOV OUT Evdo€kia, +7 3 95 ral 4 \ 7 A ovT av Kad@s mpacocovTa pay mpage KaKds. , ey Oe \ t \ , s dupovoer. 0 aita Oeot radw te Kal mpdow, Tapayyov évTilévres, ws ayvocia o¢Bwpev adrovs, adda ratTa pev ti Set 960 Opyvetv, mpoxorrovt ovdev és mpdcbev KaKkay; \ 3 + / A 2 A ? , ov O €& TL peuher THS euys azovoias, oxés' TYYXAVHW yap év pécots OpyKns spots amav, 6t HArAOes Sedp* erect & adixopny, / non moo ew SwuaTov aipovti pot 965 > a A / ‘\ , és tavtov noe cuptitver Suwls oéOev, Aéyovea pifovs dy KAiwy adikounv. > 4 , / > we! aicxvvopat oe mpoo Pere evavriov, TloAvupijorop, év rowicde Keyevn Kakots, dTw yap BPOnv edrvxoto, aidus p’ exer, 970 > n 4 / 3 y 2? > 4 “ évy THOE TOTPW TUyXAVOVT, LY Eipl VOY, Kovk av Suvaiunv mpooPrérew opbais Kopats. > > > \ \ , eg / adr aito py dvovoiav nynon ober, IloAvpjorop’ aAAws § airiv te Kat vomos, yovaikas avdpav pn Prérew évavtiov. 975 TIOAYM. «al Gatpa y ovdév. add tis xpeia o epuod; i xphe ere, Sv éuov ex dopwv moda; ti Xpny emepiyw Tov E“ov EK Oop ; EK. idvov guavrns 54 te mpos o& BovAopar \ 6 5 la , - > , be Kal matoas €im@elvy oovs’ OTaovas OE MOL EKABH. 37 xwpis KeAevoov tdvd aroornvar Spor. 980 TIOAYM. xwpeir: ev aodade? yop 70° épnuta. hirn pev ef od, mpordires O€ poe TOde otpareyp “Ayaidy, GAAd onpaivew oe ypHv Ti Xpn TOV Ev TPaTGoVTA pH mpAcoovoew Ev didrous érapKelv’ ws Erounds ci’ eyd - 985 EK. zparov pev «ire matd dv e& euns yepos IloAvdwpov éx te watpos év Somos éyers, \| ei Cp’ ta 8 GAAa SevTepov o epyoopar TIOAYM. podtora’ todkeivov pev edtvyxels pépos. EK. @ diAtal’, ws cb kagins oéSev déyers. ggo TIOAYM. ti dn7a BovAa Sevtepov pabety enov; EK, ei THs rexovons THade péeuvyntal Ti pov. TIOAYM. kal deipd y ws o& Kpidios eLyrer poder. EK. xpuods 88 ods, dv HOE ex Tpolas eywv; TIOAYM. ows, év ddmois ye Tots euots Ppovpodpevos. EK. odoodv vey aitov, pnd épa tdv mAnoiov. 996 TIOAYM. yor ovaiuny tod mapdvtos, ® iva. EK. otcf ovv & A€Eat col Te Kal Tacly OéArAw; TIOAYM., ovx« oida’ 73 oG tTotTo onpavets doyy. EK. éo7, © dirrneis os od viv enol Pirct,— 1000 TIOAYM. ti xphy’, & Kape kal réxv cidévar ypewv; EK. ypvoovd wadaai niga ei KaTUpUyes. TIOAYM. tat7r eof & Bova radi onpnvar ober; EK. Aeheore, dua cov y" «i yap edaeBys sion a: Ti jase TEKVOV nies ss mapoypine 38 EYPITIAOY la TIOAYM. évrav o xpvods éoris onpetov dé ri; EK. pédAava rétpa ys treptéAXove’ avo. IOIO TIOAYM, ér ovv tue BovAc trav éxet dpdlew éuol; EK. odcai oe xpypal ois cvveEnrOov Oddo. IIOAYM. wov dyra, wérAwv evros 7 Kpviac’ éxets; EK. oxvAwv év oxAw Taicde owleTau oreyas. ~TIOAYM. wot 8; aid “Axadv vavroxou wepirrvyai. EK. idta. yuvarxav aixypodwridwv oréyat. 1016 TIOAYM. ravdov S¢ micta, Kapoévav épnpia; EK. ovdels “Axaudy evdov, GAN’ yyeis povat. GAN €pr és oixovs' Kal yap “Apyetou vedv ioat roPotow oikad éx Tpoias mdda’ 1020 ¢€ , / e a , 4 Ws TavTa tpagas, wv oe Set, oreiyns madw fvv moaioly obrep Tov éuov wKicas ‘yovoy. XO. ovrw dédwxas, GAN tows duces dixny, Ss\ 7 , ¢ s 4 \ ahimevoy Tis ws és avtdov meowy 1025 Aéxpios exrrevet Hidas Kapdias, > , / \ \ ead apepoas Biov. TO yap vmréyyvov Sika Kat Oeotoww ov Evumirver, oh€Optov Kakov. 1030, I , > ¢ a nn R28 \ 7 o-% , Wetces o 0008 THOS EAs, YO erHyaye Gavacy.ov mpos “Aidav, id radas° > / \ \ 4 , drokeuw be xeupt Aetibers ior. a , > / , J TIOAYM. dor, truprAovpar héeyyos oupatwv tadas. 1035 XO. qKovoar avdpos @pyKos aipany, pirat; ITTOAYM. epi par’ abbus, Téxva, SvoTHVvoV opayis. XO. iran, composts kaiv éow Sopov Kaka. TIOAYM. GAN ovte py piyyre Aaulypd ode" / . Ld n ? > 4 4 BadrAwv yap oikwy tdvd avappygw pvxovs. 1040 XO. i80d, Bapeias xetpds Opparar Bédos. EKABH. BovrAcoO erecoméowpev; ws axpn Kare ‘ExaBy wapetvar Tpwacw te cuppaxours. EK. apacce, deidov pydev, éxBdddAwv wvdas’ XO. EK s / > » \ . / / ov yap oT oppa Aapmpov évOnoers KOpats, 3 a ” a a >? > 9» 4 od matdas ower Cadvras, ovs exTew yu. > ‘\ A a“ \ A , 7 yap Kabeihes Opyxa Kai Kpateis Eévov, a2 \ , eo? , éo7rowva, Kal dédpaxas olamrep A€yes; ad os 4 3 , , ower viv avtix ovtTa Owpatwv Tapos tTuprov, TUPAG oreixovta Tapadopw 7odl, A. Sen a , > a + 82059) S5N taidwv Te Sutodv copa ous ExTew eyo Y a > , WA , fiv tats apiorars Tpwacw’ dixnv dé por , ao e eines ga? 3 , dédwxe’ xwpet 5, ws opas, 60 ex Sdopor. 5 > > \ + > , aA éxrodwy aren. KaTooTHTOmaL Gvud Céovte Opynxi dvopaywrarw pO Love, @pyxi Svopaxwrdry. TIOAYM. wpor por eyo, “ “w ~ ~ A / 7a BO, TA OTo, TA KEATO; h & 4 \ - 4 Tetpamodos Baw Onpos opeorépov : / NS a ay , Tuguevos eri xelpa Kat ixvos; Toiar, [7] tavrav 7 tavd, eEadrrAa&o A > 4 4 / Tas avopopovouvs papa xpycwv "TAiddas, al pe dudAccav; / 4 Ud A TaAawat Kopat Tadavar Bpvyar, @® KaTdparol, Tot Kai pe pvya TTOTTOVTL PLvxXav 3 eiJe por oupatwv aipvatoey BAEpapov aKéoat akécao TupdAoy, “AAte, héyyos amadhagas. ad. / \ “4 3 / giya, Kpyttav Baow aicbavopat E. H. 4 39 1045 1050 1055 1060 1065 40 EYPITITIAOY : Tévee YuvaLKGY. ma, 700 éemagas 1070 a > 4 SE. a capKOv ooréwvy T eutAncda, Goivav aypiwv Onpadv tiOépevos > / / apvupevos AwBav, Avpas avtizow éuas; © Tadas. ) Tol, mwa pepomar TéeKY Epyua, AuTov 1075 Baxxats “Awdov Siapoipacat, \ , , rok VE eee ogpaxtay Kvoi te dowiay datr avy- / > 3 / b) , fepov T ovpeiay exBodarv; a “A n a aA / [7a Bd,\| 7a ord, Ta Kapur, vads Omws movtiow meiopact AwoKpoKov 1080, I papos otéAAwv, emt tavde cvbels TeKvov euav pvrAa€k oA€Optov Koiray. XO. @ tAjpov, ds cor dvagop’ eipyarrar Kaka’ 1085 Spacavtt 8 aicypa Sewa tamitiva p xp ye [Saiuwv ewxev, doris eori cor Bapvs. \| IIOAYM. aiat, iw OpyKns , Aoyxopopov, evordor, evirmov 7 “Ape. te Kdtoxov ‘yévos. TOgO iw “Axaol, id “Arpetdan, \ De n 7 Boav avté, Boav: he Bae / \ “ ir ire, moAeTte mpos Oewr.. KAvEL Tis, OVdEls apKemer; Ti péAAeTE; yuvaikes wreoav pe, 1095 yuvaikes aixpadurides. dewa Sewo merovOapev' apo. éuas AwPBas. n ¢ a TOL TPATWLaL, ToL TopEVvOa ; XO AT. a EKABH. \| 4] ALTTABEVOS OVPAVLOV IIOO c \ vipl@eres és péAabpor, ‘Opiwv 7) Seipios &vOa updos proyéas adéy- * b ee! E \ 2. FA Se ow Ocowv avyas, 7 Tov és ‘Aida peAayxXpwra aop- IIO5 \ ” 4 Ouov agw Tradas; / > ¢ , > ws / \ Evyyvwoo8, dtav tis Kpeiacov’ 7) pépew Kaka 7a0yn, taraivys é€amradAakar Cons. an > , oy . 3 ‘ 9 Kpavyjs axovoas 7AOPov* od yap yovyxos TéTpas opeias mats Aé\ak ava otpaTov TIIO “Hye, didotca OdpuBov. «i de pn Bpvydv , / > ¢ / cca mTupyous mecovtas yomev EAAnvov Sdopl, PoBov mapécxev ov pécws 6d€ KTUTOS. TIOAYM. @ ¢géiArar’, joOopuny yap, “Aydpepvov, oébev AI’. A > , 3 A a , Pwvys akovoas, eigopas & macxomer ; IIIS éa" a > TloAvpnorop © dvornve, Tis oO amrwdAece; y eek 3 > » \ e se , Tis Oup €OnKe Tudddoyv, aipdéas Kdpas, Aa? 7 o~ a ? / maioas Te ToVTd éxrewev; 7 péyav xoAoV \ \ , > ¢ > + GOOt Kat TEKVOLO LV ELV EV, OOTLS HV apa. TIOAYM. “ExaBy pe ov yuvaiéiv aiypadwriow 1120 AT. amwdeo, ovx drier, GAAG peldvus. / , \ + + ¢o? € / TL PyS; TV Tovpyov eipyarat 76d, ws Eyer; ov toApav, “ExaBy, ryvd erAns apnxavor ; ~TIOAYM. wpo., ti és; 4 ydp eyyis éori rov; AT. LA > J * a 3 3 gy 3? c 4 n onpnvov, «ime wov of, tv adpmdoas yepotvy 1125 / duacracwpar Kat cabayuidtw xpda. - b , / OUTOS, TL TACXELS 5 : oe 42 EYPINIAOY : IIOAYM. mpos Ocav ce Niccopat, peles pw ehetvar THde papydcay xépa. AT. icx’' €xBadov 82 Kapdias ro BapBapoyr, dey’, Ws axovoas god te THOSE TF ev pepe 1130 - 4 > > @ / 4, kpivw d.xaiws, av@ dtov macyes TaAde. TIOAYM. Aé€youw’ av, jv tis Upcapiddv vedraros TLoAvdwpos, “ExaBys mais, ov éx Tpolas éuot maTyp Sidwor IIpiapos év Somos tpéhew, WA x \ “ ¢ 4 uromtos av On Tpwixys aduceus. 1135 “A / > > > ¢f > » , TovTov Karextetv’ av@ orov O éxrewa vu, GKOUTOV, Ws €v Kat copy Gi gov, ws €v Kal copy mzpopnGia. ederoa, 7) Tol wodeptos AecbOels 6 wats Tpotav aOpoicn kat évvockion radu, yvovres 8 “Axatot Cdvra Ipiapiddv tiva 1140 Dpvyav és alav avis apevav orddov, + , , , 3 é karteita, @pyKys media tpiBouev tade AenAatovvtes, yeitoow Oo «ln KaKov 7 mf Lj Tpwwv, ev orep viv, avat, éxapvopev. e 4 ‘ \ “a , ? 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Te “ + e 4 \ Téxv év xepow eradXov, Ws mpoTw TaTpos yévoiro, Siadoxais apetBovoat xepar. > a a a , KaT ék yadnvav ras doKeis tporPleypatwv 1160 edfis AaBotco dacyayv éx wérdwv obey na an e \ ‘4 / KevTovot matoas, at d& moAeuiwv dixnv EvvapTacacat Tas éuas elyov xépas A “A “: \ > > / / > A kal KOAa mat 0 apKéoat ypylwv éuois, > SS / > , ee. ei pevy mpocwroy eLaviotainv enor, 1165 Kopns KaTetxov, «i d€ Kivoinv xépas, / a 39X id , mrAnOe yuvarxdv ovdéy yvvov tadas. \ / XN cal , , 70 Aoicbov Se, wHua mnuatos mA€<ov, - , ae ee N > , éeipyaoavto Seiv’' éuav yap opparor, a ‘ mopTas AaBotcat, Tas TaAauTdpovs Kopas 170 KEVTOVTLY, aipacocovow: éir ava oréyas guyddes EByoay’ éx 5é rydjoas eyo \ a / \ 4 , Onp ws Siwkw tas prapovovs Kuvas, 3 fal “a amavt épevvav TOLXov, ws KUVTYETYS, BaddAwv, apa 10 i) t , apacowy. 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EYPINIAOY sy e [wodAal yap nuav ai pev cic éripOovor, ¢ ? 9 > ‘ ad rn , at & eis apwOmov tov Kady mepvKaper.\| "Ayapeunvov, avOpuroow ovK éxpiy ore a = \ fal TOV Tpaypatuv THV yA@ooay icxvew m)éor. / GAN eire xpnor edpace, xpyor ede Aéyeuv, ¥ > & \ ‘ , 5 ‘ elt’ av wovypa, Tovs Aoyous «iva cabpods, kat py StvacGon Tadic «vd A€yew Toré. \ \ > > 3 e ?Q? > , cool pev ovv cio of Tad nKptBwxores, GAN ov divawr av dia TéAovs civat codol, Kakas © amwAovT’ ouvtis é&fAvEé Tw. / \ X \ & , Kal por TO pev TOV WOE Ppormiows exer’ \ / > > \ / > , mpos TOvde O Ely, Kat Aoyous apeiouan, ds dys “Ayaidv movov arahAacowv Sutdovv > , / gs aQg> 3 A A Ayapepnvovos @ Exar. maid euov Kravetv. aN, @ KaKirre, TpOTov ovmoT av didrov 70 BapBapov yéevoir’ av “EdAnow yévos, > x , ‘3 S \ / , ovd av dvvaito. Tiva dé Kai orevdowy yapw / > / od \ mpoOvpos jola; moTepa Kndevowv Tia, ba ‘ xX B 7? er, 4 n évyyevns av, 4 TiV aitiay Exar ; } ons eueAXov ys tewely BAaorypara , > / a , , mrevoavres avbis; tiva Soxeis meioew TAOE; 0 xpuva0s, ef BovrAovo taryOn réyew, + \ 9.0 iN a \ / \ / exrewe TOV ép“ov maida Kal Képdn Ta oO. Ss ‘ / Cal * a 7 3 > , éret Sida€ov ToUTO' TMs, OT NuTVYEL Tpola, mépié St wupyos ely’ ere mrodw, fm te Ipiamos, “Exropos + nvOer Sdpv, ti § ov té7, cixep TGd éBovdyOns xdpw a 5 bécba, tTpéhwv Tov aida Kay Somos Exwv a 4 exrewas, » Cavr nAOes “Apyetous aywv ; 1185 I1go T1Ig5 I200 1205 I21I0 XO. AL EKABH. 4.5 GAN ynviy’ nels otker eopev ev dae, katva 6 éonunv actu moXepniov vo 121 p onMyV a TOAEMLLWY UTO, 5 / 4 \ V4 2 SRS / é€vov katéxtas onv poddvt éh éoTiar. Mpos TOITSe VUY aKovoov ws davys KaKds. ra > + > a > “ ir. xpyv o, elrep yoda Tots Axawtow diros, Tov xpvoov ov dys ov cov, adda Todd exew, Sotvar pepovta mevomevors Te Kal xpdvoyv 1220 Toki matpwas yas amefevwpevots’ ov 8 ovde viv rw ons amuddaga yepos A » \ “a 42 > , ToApas, éxwv S€ Kaptepeis er ev Odpmots. \ \ , \ C7 AW 2 OA / Kal pnv Tpepwov pev ws we Taid eypHv tpEepew guoas Te TOV éuov elxes av Kadov Kd€os' 1225 > a al ‘ € \ / év Tots Kakols yap ayalol cadhéerratou \ y dito’ ta xpnota 8 av exaor exer pidovs. > > 93 / f , e > \| ei 0 éoraviles xpypdtov, o 8 yvrixe, + a a 2 OA Onoavpos av cor wats vrpx ovpos méyas’ viv 8 ovr éxeivov ‘avip exes cavtd pidrov, 1230 y na xpvood + Ovnols olyeTat Taidés Te Cot, ® autos Te Mpdooes we. Tol d eyd éya, "A , 5 a0 > , A an, YapPE“vov, €l TOO apKErels, KakKOS havel 4” 3 > A \ + \ @ 3 na ovr evoeB yap ovTe mioToV ols Expr, > 4 > b¢, > / , - f OvX OOLOY, OV OLKGLOY EU Spaces E€vov 1235 autov O€ xaipeww Tots KaKois oe PyTomev an ¥ , ) 3 A ToLovTov ovta’ deomdtas 0 ov AoLdopa. ~ a a € \ \ 4 ped hed’ Bpotroicow ws Ta xpyota mpaypara nw > ‘ ] , > 3 \ / xXpyoTav aoppas évdidwo acl Ady. > \ t > t , ; ,, axGewa, pév prow TaAAOTPLA Kpively Kaka. 1240 Lid 2 RE 7 z \ \ cia 4 / duos 0 avayKn’ Kal yap aicxivyy pépet lal ws S / / ? > 4 / mpaypn és xépas AaBovt amrdcachar 7dde. 46 EYPITITAOY éuolt O, tv’ eidyjs, ovr eunv doxels xapw our ovv Axaudy avdp azmoxretva. E€vov, GAN’ ws éxns Tov xpvaov év ddmotor cots, 1245 Aéyets 5€ Gavtd mpdcdop’, ev Kakoiow ay. Tax ovv Tap viv padiov EevoKTovetv’ nev O€ y aicxpov toiow “EXAyow dde. Tus ovv oe Kpivas padieiv diyw Wdyov ; ovx dy duvaiunv. adAXN érel ta py Kara 1250 mpaooew éToApas, TARO. Kal ta py didra. MOAYM. oipo., yuvarxos, ws €orxy’, noowpevos SovAns, vpeEw Tols Kaxiocw diy. EK. ovxovy dtxaiws, elrep cipyacw Kaka ; 1254 TIOAYM. otwo. tréxvwv tdvd oupdtov + éudv, tadas. EK. adyeis' ti 3d nyas; mwaidos ov« adyety doxeis ; TIOAYM. xaipets uBpilovo’ cis x’, @ wavotpye ov. EK. ov yap me xalpew xpy oe TiyLwporperny ; TIOAYM. add’ ov tay’, qvik’ av oe rovria voris EK. pav vavorodjon ys opous “EAAnvisos ; 1260 TIOAYM. kpiwy peév ovv recotoay éx Kapyynoiwv. EK. zpos rot Biaiwy tvyydvovcay adpatov ; TIOAYM. awry mpos totov vads apByoer rodl. EK. vmorrépois vito, 7} roiw TpoTe ; TLOAYM. kvov yervyoe tipo Eexovoa Sépypata. 1265 EK. was 8 oto6a popdys tis euns petacracwy ; TIOAYM. 0 @pyéi pavtis cixe Avovucos trade. EK. cot & ov« éxpyoev ovdey ay Exes KaKar ; IIOAYM. ov ydp wor’ dv ov p? cides Sde ctv Sdde. EK. Oavotca 8 7 lao evOad exrdjow Biov; 1270 TIOAYM. Oavotca’ ripBw Sd dvoya o@ KexAnoerat EKABH. 47 EK. popdys éxwdov, 4} ti, THs euys pets; TIOAYM. xvves radaivys ofua, vavtidow rékpap. EK. ovdév perce por, cod yé por ddvros dixny. . TIOAYM. kot onv 8 avaykyn maida Kacavdpay Oavetv. EK. drémrve* attd radra cor didwp exeuv. 1276 TIOAYM. xrevel vv 4 TovdS adoxos, oikovpos miKpa. EK. pyrw pavein Tuvdapis rocdvee mais. MLOAYM. xairév oe rovrov, méAexvy eEapao’ avw. AT. ovros od, paiver, Kal Kaxadv épds Tvyety ; 1280 TLOAYM. xreiy’, ws év "Apyer dovia o appéver. AT. ovx éd€er avtov, Sudes, exrodav Bia; TLOAYM. adyeis axovwv; AT. ov« edegere ordpa; TIOAYM. éyxAyer’* elpyras yap. AT. ovxy Ogov TaXOS viTwv épypwv avtov éexBadelré zov, 1285 > / 7 \ , A ére(mep ovTw kal Aiav OpacvoTopmel ; e / A > 5 ld ExaByn, od 8, & tadratva, durtdxous vexpovs / a“ ~~ oreixovca Oamre’ Seorotav 8 vpds xpedv a 4 , N \ \ oxyvats meAalew, Tpwades* Kat yap mvods + a T™pOs OlKOV non Tao bE TropTripous ope. 1290 S > , > ev 0 és mdtpav trAcvoatper, ed dé Tay Sdpuors ” > 940 reg, Naa , V4 exovr tooumev, TOVD aceméevor Tove. ‘N , XO, tre mpos Aysevas oKynvds te, Pidrar, tov SerToovvwy Teipacdpevat / \ ‘ > poxOwv’ oTeppa yap avayKy. 1295 Sepstiom teeke NOTES. [1—58. Prologue, contains an outline of the plot. The ghost of Polydorus appears, explains his own miserable murder by his host Polymestor, prince of Thracian Chersonese, the demand of the shade of Achilles for the sacrifice of his sister Polyxena and his own appearance in a dream to his unhappy mother, Hecuba. ] ‘ExdBy—appears in Lat. as Hecuba: so xuvds corresponds to canis, Kid\é to calix, uvddw to madeo. 1. #xw—prob. a dialectical variety of Ykw, in most of its tenses means ‘I am here’, equiv. to édjAvea. oxérov—The masc. form is now always read in Trag. and ‘Comedy; occasionally however a form 7d oxéros is found even in Attic, e.g. in Xen. and Demosth. . 2. “Av8ys—(a priv. and 4/6 see), the god of the unseen world, called by euphemism, Ploutén. oKiorat.—‘has his home’, lit. ‘was and is established’. xopls Oedv—cf. Il. 20. 65 olxia cuepdaré’, edpwevra, Td Te orvyé- ovot Geol ep. 3. mais yey. THs K.—(sc. Ovyarpés) ‘by birth a son of H. daughter of Kisseus’. H. was according to Hom. (II. 16. 718) daughter of Dymas, a Phrygian, the only daughter of Kisseus known to him being Theano, wife of Antenor (Il. 6. 299). Kiootas, a local name, was therefore suggested by some ancient critics to reconcile the two accounts. Vergil follows Eur, and Lat. poets generally, except Ovid who calls her Dymaniis. Polydorus himself is in Hom. son of Priam and Laothoé and is slain by Achilles, yeyos—formed from obsolete poetical yaw collat. form of ylhyvoua: so BéBaa. 50 HECUBA. 4. @pvyov wéAw—The Phrygians were a branch of the great Thracian family, which may account for the familiarity of Priam and Polymestor. In esrly times they occupied the N.W. coast of Asia and were not, as we see them now in maps, localised inland. 5. meretv—not fut. which would be wecetcOa:, but aor., the peculiar force of which is to regard the fall as momentary not protracted. Perhaps we may consider the phrase as sub- stantival=rov receiv, 214 n. Sopl—édépa would here be inad- missible, which does away with the theory that it is the only allowable form in iambics. “KAAynvik@—strictly an anachron- ism, for Hom. never calls the united Greeks. by the name ”E)- Anves, nor indeed any of them except Achilles’ followers from Phthiotis, who were the original Hellenes. 6. wdmeférepe—‘sent me secretly (srd=sub=furtim of Verg. Aen. 3. 50) away from’. In Androm. 47 a stronger phrase, irexréurw dabpa, is used. Tpw. xSovds is governed by éx in the verb. 7. €é&vov—‘a guest-friend’. 8. trivde Xepo. wAdxa—‘ This steppe of Chersonese’. The Thracian Chers. is a narrow strip of land running along the N. of the Hellespont. s7vde of Hermann is more graphic than the usual rjv. Xepo. is the form introduced by Brunck and subsequent editors because the old form yepp. is nowhere found in tragedy. mAdxa conn. with lanx. Cf. rddvw, lavo. The general idea is that of breadth and flatness, akin to wdarvs, planus, flat, rAakois, placenta. 9. otdurmov Aadv—‘a warrior people’. Jl, 13. 4, vicgdw ép’ imrotb\wv Opynkwv xadopwmevos alavy where the schol. ex- plains it as equal to ‘warrior’, Thrace was celebrated for horses and cavalry in days of Eur. See Thuc. 2. 98. Sop\— not ‘sceptre’, though that was the heroic badge of royalty, but ‘spear’, to indicate the warlike character of the Thracians. 10. éxméprre.—hist. present, i.e. stands for aorist: hence ety in 12, contrary to the strictly grammatical sequence of tenses. 11. IAtov—so called from its founder Ilus; Troy after his father Tros. 12. paj—is better taken with ay than with omdyis Oe ‘suf- ficiency’), though the neg. after the verb is awkward. The NOTES. 51 same question occurs Or. 942, ws rijs ye TOAwns ob ordrts ‘yev7)- OETA. 13. We find in Il. 20. 408 that Polydorus is youngest son and forbidden to fight; but contrary to orders he joined in the battle and was slain by Achilles. rdv & ort marjp etacKke paxecbas \| otvecd of wera maar vewraros Ecxe yovoto \| kal of pir- TATOS ECKE. : 8=62 8—‘wherefore’. Pors. says ‘which fact’ (7d elvat vewrarov), but twekémepape would be almost a ridiculous word in this connection. 14. 8mda—defensive, as éyyos is offensive, armour. Cf. use of arma in Lat. 15. olds re—‘able’. The re has no very obvious force; it may be classed under the head of re epexegetic or explanatory. 16. dplopara—‘ the flanking walls’, by which the circuit of a city is defined, as Paley explains. It would natutally mean the ‘boundaries’ or ‘landmarks’, which an enemy would of course remove: Scaliger suggested épelouara to which éxe:ro would more naturally apply. The word occurs in Hipp. 1459, @ krelv’’ AOnvav IladAdéos @’ dpicuara. txecro—litile more than jv. 18. xyvrtye—form preferred to edrvxe by Porson, though Herodian the grammarian (2nd cent. 4.p.) tells us that ed-does not augment, av does to nu. 20. ‘I grew up like some sapling, to my sorrow’. This recalls Jl. 18. 56,6 & dvédpayev Epvet Toos. nvgdpnv—there are alternative forms até» and avédvw, Eur, uses avéw in all but three places. todas A/rra. Cf. latum, érdnv. Most words from this root have a twofold signification, as TA7}uwy, TANMO- civn, TAnotKdpd.os, TANTOS, Viz. (1) enduring, persistent, some- times in bad sense, (2) wretched. 21, 22. dawdddvtar...xarerxddy—the change of tense (as in 266) may sometimes be accounted for by the wish to make incidents expressed by the present more vivid. But the trage- dians often varied the tense for variety’s sake. Here the pres. may signify the enduring character of the result. 23. adrds—sc. rarijp (Priam) implied in warpda: so Soph. Trach. 259, pxerac wodw \| THv Hupurelay, rovde yap x.7.d. Cic. 52 HECUBA. - (quoting Pacuvius) de Or. 2. 46, neque paternum adspectum es veritus, QUEM &c. Qcodprjtw, ‘consecrated’, built for the gods, not by them. One of the scholia Oecds cal Oavpacris xricbévTt istame. The altar referred to in Bwpe is that of Zeds ‘Hpxe?os, as we see from Tro. 483, xaracgddyevr’ éd’ épxelw mupg and Vergil Aen, 2. 550 speaks of Priam, altaria ad ipsa trementem. 24. maidds—Neoptolemus or Pyrrhus. 25. «relver...cravavy—such repetition is frequent, especi- ally in Eur. Cf. A. Fur. 33, xretves Kpéovra Kal xravov apxer xX9ov0s. 27. peOnx’, tv’...exy—‘ flung me into the billowy sea in order himself to have the gold in his house’. The subj. ano- malously follows an hist. tense to shew that the result still abides. [éyvy, however, may fairly depend on xrelve in 25.] According to Verg., Polymestor buried the corpse, but Ov. Met. 18. 438 follows Eur. exanimum e scopulo subiectas misit in undas. 28. én’ dxris. So the best MS.—There is a variant dxrais, perhaps from 36, «/ac break, like pyyulv from 4/PAT, ‘place where waves break’. dAdAor’—it is usual though not necessary to understand another d)\)ore in preceding clause, as in Soph. El. 752, dopovmevos awpds oddos, dAdor’ otpav@ \| oxédy ~ mpopalywy, and Verg. Aen. 5. 830, sinistros \| nunc dextros solvere sinus. 29. ‘Carried about by many revolutions in the waves, (now up now down)’. Not ‘ebb and flow of tide’, for there was no tide properly speaking in Hellespont, which in view of the ancients was a river, [hence its epithet mdarvs]. StlavAo— strictly the limbs of a race-course; the chariots raced up one, turned at the post, xauarrjp, and then passed down the other limb to the finish. Aesch. Agam. 344 uses the same figure— Kapwat Siavdov Odrepov Kwdov adi, i.e. the Greeks have done only half their journey; the other half, the return, remains to be done. copovpevos—frequentative form, huc illuc iactatus. - 80. dkAavoros, drados—an echo of Il. 22. 386, akAavoros d0amros, the words occur Soph. Antig. 29, where, as here, their order is disputed. Cf. Aen. 11. 372, inhumata infletaque turba. imtp—‘ because of’, ‘for the sake of’, not=vmepavw, ‘above’, for if, as is the case, the ghost is visible (see 52), this interpre- tation would involve his being in two places at once, unless indeed we consider his statement in 31 sqq. a merely general . iO , ; Og one. There is throughout some con sion betiveen P.’s spirit, and his corpse. Neue ns Ley! 31. dloow—like ruo, is used of a or down and is both trans. and intrans, \J dé oxial diccovow, it is appropriately used” ghosts. The form in Attic poets is usually a gave rise to the variant dygoow in this place. Sead 32. ‘Now for three days’ space have I hovered aloft, all such time as my illstarred mother’, &c. tpiratov—the term -acos=‘of so many days’ standing’, e.g. terapraios, 8. John xi, 39, ‘a corpse of four days’. Butcfi. Hdt. 4.113, r7 devrepalg, ‘on the 2nd day’, and in this passage rpiratov is equivalent to tplrov, as in Hipp. 277, was & ov, tpiralay 7’ ovo’ dovros huépay. 34. awdpa=mdpeorw—i.e. the prep. is intensified in mean- ing and then suffers anastrophe. 35. vats gxovres=xaréxovres—‘ with their ships brought to, sit idle’, mdvres “Ax.=Hom. ravaxaol ’Ax. strictly applies to the main tribe of Greeks at Troy whose head-quar- ters were in Thessaly, but whose offshoots had spread to Pelo- ponnese, Ithaca and Crete. 89. ‘Homeward guiding their sea-dipt oars’. ed0vvovras, plural words agree with a sing. collective, especially when used of living beings, and then take their right gender. - Cf. Aesch. Agam. 575, Tpolav éddvtes...crddos. Eur. Rhes. 46, orparos... édiémevot. \| wrdtyv—the ‘blade’, then the whole oar. Grimm’s law tells us that rAarn is connected with Engl. flat: while blade is etym. connected with giAdor, foliwm. 41, ripBo—a locative, like ofko, «icky, &e. [Or, a dat. commodi, ‘an acceptable sacrifice and special honour for his tomb’.] 43. \| Tempwpévyn—se. poipa or TUX. 45. Svoiv...6vo—these juxtapositions, which are notable in tragedians in the case of numbers (see 896), are due partly to the love of distinctness and clearness, but still more to rhe- torical effect. Such are pdévos pdvors, mortali immortalitatem non arbitror contemnendam, ‘faith unfaithful kept him falsely true’ (Tennyson). 54 -HECUBA. (49. &yrnodpnv—‘1 asked for myself and won’. Cf. Lat. \| exoro. <A double accus. (for ruuB. xvpfoa is virtually a sub- stantive) as in Lat. is used with verbs of asking. 51. rovpdv piv odv, x.7.A.—‘ For my part, then, all that I wished to get will result’. +vyetv here has an accus.; so Aay- xdvw usually and xvps in 697 [or rovpudy is subject of érrac]. 53. wepd...wosa—cf. Alk. 1153, véoriuov 8 &dOos dda. Verbs denoting motion of the body may be followed by a dat. or acc. of the part of the body in motion, e.g. Baivew mdéa, xalvev oriua. In wéda érgocev, 1070, the prep. accounts for the transitive force. tré oxynvis— from under the tent’= vméx. There is no occasion to alter this reading: yet mpd, did have been suggested, and Porson adopts Musgrave’s umép ox7- vynv, ‘past or beyond the tent’. The constr. with gen. is justified by Hom. ime fvyou, Hes. vd xPovds, &e. - 54, “Ayoy.—H. in ‘Troades’ falls to lot of Odysseus: here of Agam. 55. tris=quippe quae. ‘Since in exchange for a royal home, thou hast seen a day of slavery’. é«. Soin Tro. 494, Kav 7édw kolras éxew \| pucoio. vwrois Baciwixdy éx Seuviwr. 56. mpdooes kaxos— farest ill’ must be carefully distin- guished from zroe?s kaxds, ‘ behavest ill’. 57. dvTionkdoas—‘some god is ruining thee, and has given thee compensation for thy former blessedness’. drTi- implies counter balancing, and governs the gen. which follows. The word dyrionx. is intrans. in Aesch, Pers. 437, ws roicde kal _ dls dvricnxwoa porn, but if a trans, signf. seems necessary, ~0opay may be supplied from @elpa. [The idea of compensa- tion is thoroughly Greek, and in its theological aspect is known as the doctrine of Nemesis. ] [59—99. Aninterlude. Enter Hecuba, supported by Trojan ladies; she describes herself as troubled with presentiment of disaster, with nightly visions of a fawn torn by a wolf and dragged from her knees. She longs for Helenus or Kasandra to interpret the dream. Achilles too has appeared above his tomb and demanded the gift of a Trojan maid; may the gods avert the omen from her daughter !] [As to metre, see appendix. The dialect of lyric passages is Doric, but the Doric forms are not very consistently used NOTES. BB by the different tragic writers. Its chief characteristics are the frequent use of a broad and rough a for 7 and w, and for -ov the gen. of Ist declension. Two letters are used where other Greeks employed a double consonant as of for ¢, e.g. pericderar. The most eminent writers in old Doric were Tyrtaeus (the lame schoolmaster who encouraged the Spartans during the Messenian war), Alkman (about 630 B.c. chief Spartan lyric poet), Theognis (elegiae and gnomic poet born about 570), Eipreharmas (comic poet of Kos and Sicily b. 540)]. 59. Sdyev—tents of Achwan camp. 60. ép8o0vca1—‘ supporting’. _ @iv—the reading of all MSS., more vigorous, lifelike, and better Gk. than voy which Pors. reads, and which perhaps crept in as an amplification. 64. pov yeparas, x.T..—‘ taking me by my aged arm’. - This gen. comes ‘under class partitive, and its use is analogous to that with @xowa: (898) and other yerbs of seizing, grasping, holding, which have a gen. of the object: We say ‘by’ or ‘on’; so Theocr. 4, 35, rov abilities midéas \| Tas omas, ‘ seized it by the hoof’, yépatas—obs. quantity of -at. Cf. El. 497, mahtiv Te Oncad- pioua, see 82, n. Pors. suggests without reading yeas. tmpoc- Aat.—if any "force is to be assigned to mpds it must be that of taking to oneself. aLdpar i is the form preferred by Attic poets especially Hur. to Adgouar, Ep. and Ion. collateral form of Aap Bary. 65 sqq. ‘And I propping myself on a bent arm as on a ‘staff will hasten the crawling motion of my limbs setting one foot before the other’. H.’s own arm, linked (8d) with that of her ladies, forms her stick: the epithet ‘bent’ is transferred from the stick to the arm; observe that Greek usage limits by an adj. a metaphor which seems too strong: e.g. Aesch. calls vultures Znvos kives, but corrects the metaphor at once by add- ing dxpayets, ‘dogs, but not barking dogs’. So here Eur, calls ‘an arm oxirwva, but adds cKodidv, because real sticks are ‘straight, not crooked. ‘The gen. thus used is called a definitive ‘gen. [Two other interpretations are given, (1) a real stick. Cf, Cic, de div. 1. 30, incurvum et leviter a summo INFLEXUM BA~ cILLUM: then xepos means ‘by my hand’ and zporieica may - govern cxirwyvasupplied from oxtrave, (2) ‘supporting myself by E. H, 5 56 HECUBA. my hand on a bent stick’, i.e. on shoulders of her attendants: but this is scarcely consistent with mpocdaf. xepds above.] ox(trwvy—same root as oxynrpov, Lat. scipio: for interchange of e and i, cf. x0és, xOcfds, wévre, quinque: tmmos, equus. 67. dpSpwv—strictly the socket of a joint (/ar, cf. artus, arms), and is generally joined with other more specific words, as dp0pa modotv, dp0pa trav Kikdwy, ‘the eyes’, dpOpa orépuaros, ‘mouth’, &e., 68. @ otep, Avds—‘O flashing light of day’. A similarly strong phrase is used by Soph., Trach. 99, Naumpz crepora preyéGwv, of the sun. So 709, Aros ddos. 69. ‘Why, O why am I excited thus?’ ote as tandem in Lat., of strong appeals. This is a rather unusual sense of aipopat equivalent to uerewplfoua. tyvvxos—the Greeks prefer the adjectival form to 77 vuxri: it is a poetic form, more usually évyvxos Which is of three terminations, évyvxos of only two. 70. ‘O sovereign earth, mother of darkwinged dreams’ (i.e. illomened, 705). Pors, wished to transpose this with 6 ckor. wot, 68, but x@av includes the nether world whence dreams come. mdry.a—one of the very few fem. trisyllables in -1d [cf. burma], a poetical title of honour used in Hom. of persons only, but in tragic poets often used as an epithet of earth. 72. darotréptropar—‘ I deprecate’, Lat. abominor. 73. d&v—ray is suggested metri gratia to make final syllable of dw long. owfoyévov—an instance of tragic irony; for the audience knew that her son was dead. 76, é8dyv—‘I noticed and understood’ if we retain épuw %a8ov. This means she took particular heed to the dream: its interpretation she knew not, for she wishes to consult Helenus or Kasandra. édanv—is aor. pass. from ./da, ddw not being found: it is only used in the Chorus of Attic poetry. 79. & xQ@ov. Oeol—‘ye nether gods’, see 70; better than ‘gods of the country’, with which cf, Lat. dii indigetes, more appropriate but with less authority. ow#care—notice the dis- tinction between the momentary aorist and the continuous present Tov cwfopévov. > eo 80. dykup’ dr’ guov—this is the excellent emendation of Pors. after Reiske, dre being a particle of comparison, Other NOTES. 57 readings are ér’ ayx. duev, éx’ éuwy, for the original dyxvpa 7’ éuwy which is objectionable from the position of re, yet we have a parallel in 426, and in the position of qwe in elegiac verse, e.g. Tib. 1. 3. 56, Messallam terra dum sequiturque mari, and even in prose as Cic. inter nosque. [The metaphor in dyxupa is common in all languages; perhaps H. refers to Polyd. in these strong and at first sight exaggerated terms (for Helenus and Kas. were still alive) because he was the only child still at liberty]. 81. xvovwSy—most words in -oe.dys remain uncontracted, as Keparoerdys, wovoerdys, -oec Should strictly be contracted into ot as OnAots for Sydrders, but Oeoedys contracts into Geovdys. Opyxynv, Ep. and Ion. form of Opd«ny preferred by tragedians, though in other cases they choose the Doric as ’A@dva. Karéxet, ‘dwells in’, 82. marplov—so the best MS. Old reading was zarpywov which involved a difficulty in quantity. ovAaxatow—Greek idiom uses the plural in many words where we use the sing, €.g. wAovToL, yéAwres, évdeca, Kpéa, wupol, KptOal, adres, 265, n. 83, t. véov—‘Some new sorrow will hap’. véov, like novae res, usually implies something untoward. The Greeks made great use of their neuts, sing. and plur. as in such phrases as Mapa ppovety, Kadov deldew, waxnréor (-Téa) early, 85. ddlacros—‘at no other time does my soul thus un- _ ceasingly shudder and quail’. The der. is /xAw, cf. vépos and kvégas, x\atva and lana, and its general sense is ‘ unbending’ as we see in Hom. who uses it of war, battle, lamentation, JI, 24, 549, und’ adlacrov ddvpeo, ‘mourn not incessantly’, 86. .dploroe, rapBet—asyndeton, usual in agitation. 87. mov more—‘ where ever’. So ti more, 69. Oclav— ‘inspired’, hence ‘divining’=pav7ixyv. Cf. Aen. 8. 873 (of Helenus) canit divino ex ore sacerdos. Helenus, son of Priam and Hee. ; later traditions say that he was the only grown son of Priam who survived the Trojan war, and that he deserted the Trojans and married Andromache after Neoptolemus’ death. Kasandra was endowed with prophetic powers by Apollo, but no one would believe her. On the taking of Troy, Agam. won her and took her home to Mykenex, when his wife Klytemnestra murdered her from jealousy; see 1275. ; jy—Z 58 HECUBA. 88. éof8#—conj. deliberativus [unless we call it like tOwuas . a Homeric fut.]. Goodwin, § 213. 2. KaodvSpas—this read- ing instead of Kdcavépay removes the difficulty which was felt about ‘EX. Wuxdv as though Hel. were already dead and only his soul could be spoken of; the phrase is equivalent to” E\evov simply. 89. Kplvwow—if, when two or more substs. are joined by =‘ or’, the verb applies indifferently to both, it is put in the plur, e.g. Alk. 367, kal pw’ 086’ 6 TWdottwros xiwy \| 008’ ovr korn Wuxotoumos av Xdpwy \| éoxov. There is therefore no need to read xai for 7} in 88. 90. ydp—the inferential force here is nil, and the particle merely introduces the dream. - Padrtav—‘ dappled’ ./Bad- same word as varius. Eur. him- self explains the word Jph. Aul. 221 (of the horses of Kumelus), AevxooTixty Tpixl Baridv. \| 91. odatopévay...cmac8.—79, n. dvolkrws, the excellent reading of Pors., see metrical note. 92: +68e—viz. what follows, so in Thuc., rade &\eyov com- mences, taira é\eyov ends a speech. 96. Te—‘ was urgent in asking’, notice force of imperf. yépas, a gift of honour, strictly that called also éfa:perov, which the chiefs received before division of the spoil. ‘ 99. dio...méupare—by tmesis for droméupare, ‘ avert’. 100—154. mdpoS0s—The chorus of Trojan captive women, 15 in number, enter the orchestra from the side, and marching either in ranks (xara ¢vyéa) or files (xara croixovs), muster round the @upéd7n, the raised altar of Dionysus in the centre of the orchestra, whence the xopypaios would direct its movements, They say, ‘ We have left our master’s tents not to lighten your sorrow, but as heralds of woe. Achilles has asked for a victim, and the Greeks in conclave have resolved to offer your daughter. In the debate, Agam. from regard to Kasandra, advocated your cause, but the opposition urged that Achilles’ spear was worth more than Kasandra’s bed. Odysseus turned the scale, with the plea that none should stand up among the dead and reproach Greeks for thanklessness to Greeks, He will be here anon to seize your daughter—supplicate the gods: so you will save yourself bereavement, or else you must see your daughter ie’, oA hee, NER Sito 5 PS pe < ~— NOTES. 59 100. omovSy—is on the point of being ‘petrified’ into an -adverb. The dat. is one of manner, so Pig, ovy7, &pyy, loig, Spduw, KUKAw, dpy7. eAtaoOnv—‘I came away to thee’=Lat. secessi, 85, n. 101. Seomordvovs—‘ of my master’, Attributive adjectives are used in Gk. and Lat. where we employ a preposition, e.g. Tedauwme mat, son of Telamon, ’Ayirela Adyx7n, 131, filius erilis, ‘master’s son’. Sullanus exercitus, ‘Sulla’s army’. 102. ty’ ékAnp.— to which I was apportioned by lot’, with this sense of motion implied in iva, cf. Thuc. 4. 48. 6, és ry LixeNlav, iva wep TO TpwWTov WpunvTo, adwow\e’cavTes. There is a constant interchange of of and wot and such adverbs, just as we use ‘where’ and ‘whither’ rather loosely. [The captives would stand round: each warrior’s xA7jpos, marked, would be put into a helmet, a maiden would step forward, the helmet be shaken and the girl assigned to him whose lot leaped out]. 104. doyx. aly. Sopr0sjp.—‘ captured at the spear’s point’, This is a pleonasm, especially dear to tragedians, e.g. 66, Phoen, 328, diremXos dapewy, El. 310, avéopros lepayv. 106, 7. ‘In no respect lightening thee of thy calamities, but having taken on myself a heavy weight of tidings’... od8év —is an adverb, as appears from the use of droxovd. in Or. 1341, ge is easily supplied. The gen. is one of separation. dpdpevyn —the long a is accounted for by the fact that aipw is con- tracted from delpw. 109. ‘For in full conclave of the Achs. it is said that it was resolved to make thy daughter a sacrifice to Achilles’. doxéw, a legal t. t. especially of public resolutions, e.g. 2d0fe 77 Bovd7, TP Snuw, So senatui placere in Lat. 111. ripB. érBds—‘ mounted the tomb’. éi means ‘ to- wards’, and denotes the action of alighting upon. 112. otc’ 6re=meministi quum, see 239 for this sense of oicfa, there is a conjecture 67: which is decidedly weaker, and Schaefer observes that the Greeks used a particle of time quite unnecessarily, e.g. 307, drav almost=édy. ypvoéos—‘ armour inlaid with gold’, unless this epithet apply to it as made by a god, after the epic manner. ovdv 6rA.—is a usual Homeric mode of expression, ‘with his armour on’. 113. ‘Stayed the ships from going to sea, though their sails were braced on the halyards,’ i.e. ready to start. trovr.— 60 HECUBA. a usual epithet of ships: here it adds point to écxe, and becomes almost proleptic. ox¢5.—properly rafts for the nonce. Thue. 1. 10 conjectures from Homer’s statement the size of the ships which went to Troy, the largest holding 120 men, the smallest 50. 114. mpor.—is more properly the sheet which held the mast in its place, fastened to the prow. Aatby—is acc. of ref. — mpor. dat. of instrument, unless ézeped. have a transitive sense, as in L.and 8. Cf. Hor. Sat. 1, 6. 74, laevo suspensi loculos tabulamque lacerto, and 910, 115. Qwticowv— by this loud chiding’, perhaps strictly of the ery of an animal, akin to @¢s a lynx through ./krug= ‘ to ery’. Itis used as a hunting term, xvol Owvéar, Hippol. 219, and . when applied to men denotes a loud impulsive shout. Soph. uses it of the cry of Ajax (4j. 308, 335). 116. ‘Whither then set ye forth? —67 like 6yra strongly emphasizes a question. Aavaol—according to Mr Gladstone is a purely military denomination; historically or politically the Greeks could not be so called in the heroic age. 118—121. ‘Then clashed there waves of frequent strife, and through the warrior Hellenic host there ’gan to pass two diverse streams of opinion, some minded to present a sacri- fice at the tomb, some not’, £€vyématoe,—intrans. as in Aesch. Prom. 885, Oodepol 5 Néyou watova’ eixn \| orvyvAs mpds Kvmacw ‘a@rys. The MS. reading éuvérece is unmetrical. tipBo—lo- cative, Cf. 31 n. SoKxovv—acc. absol. see 506. This con- struction is confined to neut, participles, mostly some simple word or compound of eiul, e.g. évov, wapdv, éédv, Sdéav, Séov. 122. ‘Eagerly advancing thy interest, constant in honour. to the bed of the inspired prophetess’, i.e. Kasandra. dvéxov— so Soph. Aj. 212, éwel ce déxos Sovpiddwrov \| oréptas avéxer Povpios Alas. 125. +t& Ono.—Demophoon and Akamas his sons by Phaedra. 6fa—‘two scions’ 20 n, 126, S8iccav—‘two’, not dissonant, which would be durdwv. We have in Soph. Aj. 57, duccol ’Arpetiar. The rhe- torical opposition diccwy...~id is quite Huripidean, 45 n., 896. 128. orehbavovv—double idea of ‘crowning’ and ‘ho- nouring’ as schol. says, comes from crowning victors at games, Cf. Soph. Ant, 431, xoatou rpiamdviowc. Tov véxvy orépe:. NOTES. 61 129. xdwp@—(xro7, tender grass), ‘fresh, young’. a- kpaipvés, 5387, conveys same idea, 130. ‘They declared they would never set K.’s couch before A.’s spear’, or rather ‘ the warrior Achilles’.' See 101 n. 132. ‘Now well-nigh equal was the zeal for the hotly- contended arguments, till the wily-minded, bullying, sweet- tongued people-courtier’, &c. Katrarev. The xara is intensi- tive. mowuwdddpav—an echo of Homer’s epithet mocxidouhrns, which however is an epithet of honour. «éms—practically same as xomls ‘an axe or chopper’. The Schol. explains ‘orator’ but the idea of xéwrw requires to be brought out. Possibly ‘incisive’ as Paley suggests; but there is a pointed antithesis: Odys. would be bully or fawner to serve his pur- pose. Eur. was perhaps thinking of Hyperbolus, or Kleophon the demagogue, or some contemporary. . 135. me(Qa—é¢rewe would be the true grammatical sequence after awply, but that would imply that the effect of the principal verb had altogether passed: the present tense brings the result on to the time of the speaker’s remark. 137. SovrAwv chaylwv—=dovNlwy. Cf. orpardv alxunrny 120, dovdAns yuvarxds 1253, servum pecus. Hor. \| 141. _‘ Who have died for the sake of’, 143. ‘Now Odys. will be here almost immediately to drag away’, &c. Scov ovK—so drt wy, door ovrw(Thuc.). Lat. tantum non. ahé\Ewv—corresponds rather to supine in -wm than to fut. participle, to detractum rather than detracturus, - 144. qmadov—the young of any animal, men included; so pooxov, of a young girl, 526, rados, of a youth, Phoen. 954. 146. vaots—supply zpos from latter part of sentence; so Hel, 863, Tpoias 5¢ gwOels awd BapBdpov xOovds. 148. «rypvece—‘ loudly call upon ’, ‘hail’, as we speak of hailing a ship. The ancients looked with suspicion on silent prayer, — 149. yatav—the reading of MSS., corrected to yalas by Pors. for sake of metre. But -ay is lengthened in the pause, see 83, metrical note. 151: déphavdy—in Att. sometimes of two terminations. Cf, 296, 592. 62 -HECUBA. 152 sqq. ‘Or thou must see thy virgin prostrate before the tomb, incarnadined with blood as it runs in dark-gleaming flow from her. gold-decked throat’. tvpBov—depends on zpo- in wpomern. Two MSS. read riuBw locative. Sate he refers to usual adornment of maidens. Cf. IU, 872 (of -a young warrior) 6s kat xpvsov éxwv trodépuovd’. ‘ibe fire, Kovpy, though by the analogy of Suppl. 1054 the adorning may he for sacrifice. vacp. peXav.—in apposition with atpare. [155—443, First Episode. After Hecuba’s monody, a series of expressions of woe, and the attempts of Polyxena to console her, which conclude with a lament that she cannot share her mother’s slavery, and a noble expression of disregard for her own life (155, 215), the action of the play continues. Odys. enters: Hec. appeals to him for protection on the score of past favours shown, Odys: urges the extreme necessity of. not neglecting due honours to:the brave, and the scene closes with the removal of Polyx. H. faints.] 156. axe—Doric for nx. 157. 8eAala yrjpws— forlorn because of’. This is analo- gous to the gen. of exclamation, as tov yacunuaros, ‘ what a swallow ! Goodwin, §.173. 3: 159. deptds—poetical form of gopyrjs, i.e. verbal from dépw, not popew. 160. ‘Who is my helper ? what child? what city ?’ ‘trola— differs but little from ris. yévva—[This word can lengthen the final syllable, as in Iph. Taur. 159, like 7é\ya in Pindar ; yeved. is read by Pors. to avoid the difficulty ;] the word may fairly mean either ‘child’ or ‘people’ just as Eur. uses Drdprwr yévva, Ppvywy yévva, Kevraipwr yévva. 162. pov8os—‘i is dead’, lit. ‘gone’; ; 80 olxouat, BéBnxa, The der. is mp0-d60s, cf. poluioy, ppovptov. 164. mot 8 fow;—strictly an acc. is required as with dpydaw and verbs of sending ; many amendments have been proposed. Schol. reads How from inue=eo for which there is no evidence. Musgrave, zo? 5 jow moda; Tis. 166. ‘O daughters of Troy that have brought evil tidings’. Tpeddes—like Troiugenae and Aeneadae, &c. Reference is to 107. 169. * No more to me is life in this light of day object of desire’, Blos év pder—little more than flos. Hom. Odys. 10, 498, rc fwew Kal opay paos jedlovo. , NOTES. 63 172. aitAdv—the tent where Polyx. is. 172 sqq. See introd. for bearing of this passage on the date of play. 176. bdpav—‘tidings’. A/FA cf. dnul, fama, fari. 179. kapvgac—We should rather have expected the fut. for H. as yet had announced little or nothing. déor’—Ep. particle of comparison, but found in 204 of this play. 180... éerragas—Dor. = éférrnias, ‘startled me from the. tents’. mrnoow is usually intrans. ‘crouch’, except pera in Il. 14, 40, rr7te dé Oupov évl ornbecow Ayaor. 182. op. por kaka—‘ a sad prelude methinks’. yuo, ethical dat %. 184. eas8a—kpiyqs—Notice change in tense: latter makes a more definite request: the line is copied from Il. 1. 363, éfavda un Kevde vow, iva elSouer audw. 185. Sep....dvarrévers—an elliptical mode of speech. ‘TI fear (and fearing doubt) why thou liftest up {ava) thy voice in lament’. , 189 sqq. ‘A public decree of the Argives gt aotege aims at thy slaughter at the tomb in honour of Peleus’ son’. pos ia «ea implies the process of dragging her to the tomb nrcla yévva—this reading avoids the difficulty which is found in the common reading IIy\eléa yévva, for that would be Neoptolemus, not Achilles. [The variants are (1) Aca yévva, and dat. xowg yvwua, ‘the child of P. intends by common decree;’ (2) ’Apy. yévva might="Apyeto, like more common yévos; (3) yévyva may be voc, ‘O my child’]. 193. dpéyapra kaxov—' how utterest thou most unenvi- able woes’ = d@édvyra, some have preferred the idea of ag@ovos, ‘unstinted’, ‘numerous’. The neut. plur. thus joined with a gen. is very common; and is imitated by Hor. amara curarum, dura navis (gen.). 197. pot—dat. eth.; notice the elegance of its position, These lines are at first sight weak after 189—191, but the repetition is full of pathos. 199. Svor. parep Prords—Take these words together and make 6. 8. gen. of quality, so 211.. Observe that Eur. is — fond of repeating a word or phrase in choral parts. 64 HECUBA, 203. mats 68’—‘I thy child here’, like hic, dd¢ is used of a speaker indicating himself, 205. pédoxov—142 n, 207. “Av8a—‘to Hades’, dat. of motion is not common, it recalls Hom. Jl. 1. 3, “Avé: ean So in Lat. it clamor caelo (Verg.), nigro compulerit gregi (Hor.). 213. ‘But my life, its outrage and its shame, I weep not after’ (uerd), i.e. she does not regret the loss of life. Cf. Med. 996, weracrévouat 6¢ ody adyos. Other translations are (1) therew: ith, at same time, (2) too late, after the event, ®) with a notion of change, i.e. from death to life. 214, @Oavetv=70d Oaveiv. 216. Kal pynv—‘and lo’, usual formula for introducing a new person on, stage, as in oratory it begins a new argument, and in description a new incident. [217—250. Enter Odysseus. He reminds H. of the decree and says that he has come to take away her daughter; he advises submission and deprecates all violence. H. in reply mourns that she did not die before, and asks leave to put a question, if a slave may be allowed to address a freeman. She recalls his visit as a spy to Troy, her discovery and conceal- ment of him, his urgent entreaties for life, and her saving of him.] 218. yivar.—‘ lady’, a title of respect. 219. Kpavletoav— ratified’. 221. mpdos 6p0. xopa—l190 n. 224. trecrat—This is the excellent emend. of Nauck for usual éréorn which is tame after ériordrys. 225. otc’ ov § Spdcov—‘ dost thou know what to do? neither be torn from her by violence nor come to any conflict of blows with me’. This curious phrase which means properly ‘do, dost thou know what?’ recurs often in Eur,, Soph. and Aristoph. 227. ‘Know thy powers’, i.e. thy real powerlessness. Cf. Xen. Anab. 1. 6. 7, dor’ avd @yvws rHyv ceavrod divamur. 228. ‘’Tis wise, I ween, even in troubles, to have wise thoughts’. rot gnomic, i.e. its province is to introduce a pro- verb or sentiment, NOTES. 65 234. ‘But if a slave may ask questions of the free, neither grievous nor vexing to the heart, then it is befitting that thy speech indeed should have been spoken but that thou shouldst hear me when I ask these questions’. [Prof. Paley follows a scholiast in making col=pods oé, ‘’tis to thee our speech must be addressed’, but this loses the force of thé tense. Weil, ob- jecting that Odysseus had finished speaking and that Hecuba did not wish him to cease entirely, conjectures oé uév épwracdac xXpewr. \| ; 235. 4-not ov, because the statement is general, 237. Hee. vores of herself in the plur. and the rule is that in such cases the masc. must be used. 238. xpdvov—causal gen. after verb of envying. ‘I do not grudge thee on the count of time’, Goodwin, § 173. 1. 239. otc8a—‘ dost remember ?’ 240. ‘And from thy eyes gouts of blood dripped down upon thy chin’, The allusion is not to his weeping ‘ tears of blood’, but to his general ghastly appearance when he entered Troy as a spy and had mutilated himself, pretending that the Greeks had maltreated him. The story is told by Hom. Od. 4. 244 sqq., where Helen not Hecuba recognises him: as the schol. remarks, Hec. would hardly have let him go. @08ov and 6édov have been conjectured, and if adopted, then orad. would refer. only to ‘tears’. 242. ‘Yes, for it did not touch merely the surface of my heart’, i.e. it cut deep. The gen. is partitive. 244, pepv...€X@ovres—the participle is regularly used after vbs. of emotion. 397. The constr. is imitated by Verg. Aen. 2. 377, sensit...delapsus in hostis, i.e. se delapsum fuisse. 246. ‘Yea, till my hand grew numbed within thy robes’. The ye confirms the previous speaker’s assertion and adds a new feature. 247. 8xyra—‘ prithee’. [251—295. Hecuba to Odys. ‘You owe me gratitude not unkindness. I hate you orators who speak to please, care- less what injury you inflict. Why was my daughter to die, a human sacrifice, where a beast would have served? Achilles has no grudge against her; Helen, alike as the cause of mis- ehief and as the loveliest, would have been the best victim. Such is the plea of equity. For you, I claim your gratitude: 66 HECUBA. give me a life for a life: you have power I know, but use it not unlawfully; go, urge the Greeks to change the decree; ye did not always kill women; your law is to care alike for slave and free—and your prestige would persuade them even against their interests’. ] \| 251. Bovdedpaoww— because of these schemes’, causal dat. 252. émra0es—‘ didst experience’, 253. Stvy=dvvacac—there is no occasion to regard this as a subj.: indeed, though there are occasional instances of such use, yet more properly dy should be inserted to complete the constr. diva, which Pors. preferred, is condemned by Herm. as a Doric form, \| 954. ‘All the sort of you who affect a speaker’s fame’. Eur. has clearly in mind some reference to a contemporary : he had an intense dislike of mere oratory apart from principle, as we see from Or, 907, drav yap 750s Tots Néyo.s, Ppovay KaKas \| melOy To wAHOOS, TH WoAEL Kaxdv péya. Aristoph.’s savage attacks upon him in this respect are most unfair. 258. ‘But pray what policy did they find in this—that they determined upon a vote of death against this my daughter’, 260. +O xpiv—poet. form of ypjva. The suggestion xpecv is unnecessary. ode is used of all genders sing. and plur. 263. telve. dd6vov—‘ aims death’, metaphor from a bow. 264. elpyaora.—‘has done him no hurt’. This middle sense of perf. pass. is found more especially in words meaning doing or performing. This particular word is in Soph. always middle. Cf. jpyar, yéypaupat, maperkevacuat. 265. mpooddypata—there is not much additional point in the plur. and there is a variant rpdcgayud tr. We find an analogy in 616 cxnvapara. Soph. Antig. 568, vunpeta=viudyy, see 82 n. : 266. dderev...dye.—for change of tense see 21 n, 268. ovx pov réSe—-this is not our concern’. H. means that on the score of beauty as well as of just vengeance Helen was the more suitable victim. 269. éxmpererraty—‘ supereminent’, The MSS. vary be- tween this and edmpereordry. \| NOTES. 67 _ '271, ‘On score of justice this is my contention and argu- ment’. The phrase=rvie rhy duAdNay Adyou duihtoua. She _wishes to contrast the plea of equity with her personal appeal to gratitude of Odys. 274, ypatas—Valckenaer’s correction for the unmetrical -yepaas, but see 64 n. 275. oov—partitive gen. after ray airay, ‘the same paris of thee’, i.e. hand and cheek. 280. 1 S&—‘for she’. 282. ovs kparobvras—plur. used to prevent too direct a reference to Odys. @ pi) xpedv ‘in unlawful things’. m7 is used because the whole class of things unlawful is included. Cf. Bacch. 515, rt yap un xpewv otro xpedv madetr.. Xpedy is indeclinable. Cf. Shakespeare, Measure for Measure, ‘it is excellent \| to have a giant’s strength, but tyrannous \| to use it like a giant’. 283. mpdfeav is properly referred back to rovs KpaT. as subject. 284. av wor ’—implying that it is sono more. Cf. fuimus Troes (Verg.), [perhaps etrvxoica may be supplied]. 285. Double acc. is used after verbs of depriving. Goodwin, ~ _ § 164. This may be explained as a combination of direct and ier indirect accusatives ‘robbed me as to’. 286. @ tr. yév.—here she takes him by the beard. 288. tapnydpyrov— counsel them to change’ (apd). The words introduced by #s (=nam) are the comment of H.., not the words which Odys. is to use in council. @@évos equi- valent to véyects, i.e. it excites the anger of the gods. 291. 8&—‘for’. Here Eur. refers. to heroic times the custom of his own age. Demosth. in Mid. p. 529 gives us the law of J8ps or outrage, and says that slaves and free were treated alike. 293—5. ‘Thy prestige, though it speak but ill, will per- ‘suade them: for the same speech has not the same weight when it comes from the insignificant as (when it comes) from those of repute’. Aéyy—is the MS. reading, and cannot be the same in sense as \éyys which is substituted for it.. There ‘is no doubt some violence to language in saying that ‘his prestige speaks’, but dflwpa is the personification of an ab- ts 68 HECUBA. straction. Cf. Hipp. 11, dyvot TlirOews madevuara. [kaxas— is sometimes interpreted ‘against their interest’, under the idea that Odys. as a notable speaker would not be disparaged by any accusation of indifferent pleading.] 295. trav Soxotvray—a recognised phrase = evdoxiuwrv, hence perhaps the use of the article: cf. Troades, 609, where ra doxovvra and ra undev dvra are contrasted. 296. oreppos—151 n. 297. Wrs= aore— as not to shed a tear’. So also the simple relative és. Hel. 501, av ip yap ovdels wde BdpBapos ppévas \| ds bvopu’ dxovcas Tovpdr od Swoer Bopdy. Cf. Scott, tel: ‘Breathes there the man with soul so dead, Who never to himself hath said, This is my own, my native land !’ . [299—331. Odys. to Hec. ‘You personally I can save: but I cannot gainsay my promise to give your daughter to the bravest warrior we had. To do so would be bad in principle: for states would suffer if their champions were not duly honoured : no one would take the field if he thought his bravery would not command respect. I myself should like to have honour paid to my tomb, however little might suffice me in life. And do not imagine yourself alone in suffering; we, too, have aged widows. So endure: we will take the conse- x quences of our reverence of our warriors: you barbarians may do as you will, and reap the proper fruits of your conduct’.] 299. ‘Be advised and do not by reason of thy anger regard in thy mind thy good counsellor asa foe’, 88dé0xov—(mid.) usu. =‘ get some one taught’. to dvpovpévp—article and neut. participle equal a subst.; a constr, very common in Thucy-. dides. Svopevy is the predicate. 301. +d piv odv oapa— ‘thy person’. So Soph. Ant. 675, Tav & Speen \| owver Ta TOAAA cHUAd’ y Teapxia. 302. KovK adAdws Aéyw—‘ and not idly do I speak’, 307. mpd8upos—‘ ready ’. 308. épytat—‘ wins for himself no more than his in- feriors’, Cf. Soph. Ant. 637, éuol yap ovdels aiiwoerar ydmos \| petgov péper Gal cov Karas yyouuévov. 309. jpiv—‘at our hands’. Almost a dative of the agent. 811. ‘Is not this shame to us if we make use of a friend while he lives, but when he is dead no longer treat him NOTES. 69 in friendly wise?’ There is a double sense here of xpapar— (1) to make use of a person, as in Xen. Anab, 1. 4. 8, kal épe? ovdels ws éya, ws pmev av wapy Tis, xp@ua, érecdav dé amiévat BovrAnrat «.7.. (2)=uti amico, ‘to treat as a friend’. [Cobet, Obs. Criticae, suggests éypwue0’, bringing into more striking contrast the different times, past and present.] BAémovrtt is used as ol Bdérovres, ‘the living’. Cf. Ter. Eun. 73, vivus vidensque pereo. 312. tSAwAe—the MS. reading, softened down by some to dmweort. 315. didropvxrjcopev—‘ play the coward’. Observe that this line is spoken by Odys. as his own sentiment: if he had put it into the mouth of anyone else, the conjunctive would have been used. 317. Kal pojv—‘and look you’, 216 n. Ka’ qpép.—con- nect closely with the words which follow, ‘if with but small supply day by day’. kal ei states an imaginary or reluctantly admitted, ef xai an actual case. 319. ‘But my tomb I should like to see deemed worthy of honour’. épao0a:—mid. but probably in poetry =active. 320, 8a paxp.—‘ for long lasting is the reward’, The sen- timent is like that which Antigone expresses (Soph. Ant. 76), where she refuses to please the living rather than the dead, €xel yap det xeloouat. 323. 78&—Epic form common enough in Aesch, but other- wise of doubtful tragic usage. 324. vupdlov tyr.—Goodwin, § 174. 325. KevOe.—act. in sense whereas the perf. xéxevOa is often intrans. ‘is buried’, cf. gpecmw, jpurov, tornut, EornKa. 326 seq. ‘If our custom of honouring the dead is a mis- taken one we shall (willingly) incur the charge of folly, but ‘do ye barbarians neither regard your friends as friends, nor admire those who have bravely died, that so Hellas may prosper and ye may win reward to match your thoughts’ (i.e. may suffer because you refuse to honour the dead). [kaxas may be, but not so well, taken with riwarv.] 326. ToApa rad’—‘ endure this’. 327. ébd.—strictly, ‘to lose a lawsuit’. Cf. Soph. Ant. 470, oxeddv Te pwpg pwplav dpdioxdvw, and debeo in Hor. Od. A. 14, 15, tu nisi ventis \| debes ludibrium, cave, 70 HECUBA. 830. as dv—‘that so’. It is difficult to see that any change is effected by introd. of dy which in Hom: and Hdt. is used with opt. as well as subj. Goodwin, § 216, 1. n. 2, [Herm. says=dummodo, ‘ provided that ’.] - [832—341. The Chor. laments slavery as an evil. Hee. appeals to her daughter to. attempt Odys. with all sweet notes of-woe: for he, too, has children, and will pity her fate.] 332. ‘Slavery, what an evil is it. ever, and it tolerates indignities under tyranny of force’. The reading adopted in the text is that given by Stobaeus (flor. about 500 a.p. quotes more than 500 passages of Eur.) and is simple and consistent. vod\udy and mepuxévac which are variants also go well together. vix@mevor is also read for kpatovpevov. , 334. otpol—by crasis from of éuol. 335. dpovdo.—supply elo, which is usually omitted in this connection. par. prp9.—‘ cast idly to the winds’, The tragedians prefer this fuller form to fupévres. 337, 8. ‘By uttering every note which comes from the nightingale’s throat’. mdcas=-avrolas. ietoa, (the . is com- mon), #ore=ws, see 179 n. [The common epithets of the nightingale, Alyea, Avy’gwvos, flebilis, querula, illustrate the appropriateness of the comparison. Polyx. had need of a © tongue like that of the much-wronged Philomela. ] 338. pa) orep.—in prose rov uy would be required: it shows very clearly the relation of cause and effect. 340. mpddaciw—‘a plea’, often though not necessarily a false plea. amet0e—‘try to persuade’. ‘he definite act of persuading would have been expressed by aor. For appeal made on the score of children, cf. Alk. 275 (Admetus to Alk. on point of death) u7 pos raltdwy obs 6ppavers. \| [342—378. Polyxena sees Odysseus showing signs of shrinking from her appeal and assures him that she is willing to follow him to death. For slavery is abominable to her, a king’s daughter and once sought in marriage by princes, a rival ‘of the gods, save in being mortal, She shrinks from menial offices or degrading alliance with a slave. If she is to die, let her die free. She urges her mother to accept the position. ] 342. dpa owe Kptwrrovra=Sri Kpimres: verbs of perception -usually take a participial construction not an object clause. Goodwin, § 280. Se&tdv—the right hand and beard were seized NOTES. 71 by suppliants, who were watched over and avenged by Zeds ixéovos. 344, ‘yeverdSos—gen. of the object aimed at. Goodwin, § 171, 345. ixéovov Afa—‘thou hast escaped my suppliant Zeus’, i.e. his vengeance [or Polyxena regards Zeus as her colleague in entreaty, identifying him with her cause]. 346. os—‘be sure that’. ‘ye strongly emphasizes éYoua: ‘not only shall I not seek to avoid but will even court death’, 347. BovArjropai—the fut. with ef shows that she can still avail herself of the choice. 348. dirouvxos—‘ cowardly’, cf. 315. §S. John xii. 25, 6 giiav Thy pux}v adrod dmohéce airnv. 349. The tragedians often express a negative by an inter- rogative. ‘What call have I to live?’ is equivalent to, but livelier than, ‘I have no, &¢.’ ydp—referring to a suppressed thought. tiv—other verbs which contract into 7 not a are diWdw, FEWAW, TUAW, Xpaw, Xpdoua, and sometimes kvaw and Yaw. pev—answered by dé, 354, 350. mparov Blov—‘this is the glory of my life’. 352. ‘A bride for kings, with no mean rivalry for my nup- tials, to whose hearth and home I shall come’. ydpov=-epl vyauwv. Thuc. 1, 140, ro rav Meyapéwr Yydiopa, ‘the decree about the Megareans’. 353. addlEopat—for more usual optative, Polyxena reverting for a moment in thought to the time when the choice still lay open to her. Sapa éoriav re—almost a hendiadys, the hearth being with all Aryan nations the most sacred and central part of the daua. ‘Eorla—Vesta, was the only deity common to Greeks and Romans. 354, §’—‘for’. 1] Stcr.—‘articulus insignis’, as Bengel calls it. ”"T$a—the mountain which overhung Troy: cf. 631 note, 355. The caesura-in this line is not complete. dméBXer- ros—‘ conspicuous’; so Vergil G, 3. 17, victor Tyrio conspectus (=conspiciendus) in ostro. E. H. 6 [2 3 HECUBA, dd denotes that men look from others to her. péra with dative is mainly an epic usage. Gopaein, § 191. v1. 3. Kirchhoff boldly reads wap0évwr. - 856. wdyv—adverb. 6 eeidany——asu: of respect. 357. viv 8’—‘but as things are’, totvoya—‘the name (of slave) by its strangeness makes me in love with death’. 858. eiw@ds Sy—such a combination of two participles is rare: cf. Hom. Il. 19. 80, émiarépevoy rep édvra. Aristoph. Frogs 721, ovre yap rovrow ovow ob KexiBdnrevpévors. 359. dv...dv—the repetition of dy is emphatic. Soph. Ant. 69 (Antigone is indignantly refusing her sister’ 8 aid), ot’ ay Kerevoain’ or’ dv ef Oédots Ere \| mpdaocew, éuod y’ dy Hdéws Spins oe av pévas—‘of savage heart’, acc. of specification, Goodw win, § 160, 360. Serrorév Sotis—a like combination of sing. and pl. occurs Med. 220, Bporay \| doris orvyci. wvijretar—ef, aglfouat, 352 note. dpyvpov—gen. of price, Goodwin, § 178. 362. ‘Imposing upon me the harsh service of making bread at home and of sweeping the house and standing over the loom,’ harshly will he tse me’. kKepxfs—in the iords or upright loom is the ‘rod’ or in later times ‘comb’ by which the threads of the woof were driven home so as to make the web even and close. It is probably derived from xpéxw (an onomatopoetic word=‘to strike’) and was probably held in the hands. calpev—including all menial offices. [oéonpa aad tenses formed from it mean ‘to snarl’, ‘to sneer’. ] eperrdvar.—similar short forms of the perf. inf. used by Attic. writers are reOvdvat, BeBdvat, TeTrAGVaL, JedecTvdvat, Hpt- ordvat. Avwpds and Avmnpds are collateral but distinct forms: it must not be thought that one is a contracted form of the other. dvaryKdore.—following so soon after dvaykny is to us ill-sounding, but cf. e.g. 223, émusrarys, éréorar 366. tupdvvev yf.—‘ deemed worthy of princes’. [The Greek TUparvos (Doric form of kolpavos, a ruler) might or might not be ‘a tyrant’, being a despot who had gained his power by force or fraud, whether he exercised it ill or well. The early tyrants did as a rule govern well, but the words of the Corinth- ians at Sparta (B.c. 509), when dissuading the Spartans from NOTES, - 73. replacing Hippias in Athens by force, show the hateful ex- cesses into which they might fall, Hdt. 5. 92.] 367. ov Sira—‘no indeed’, djra strongly emphasizing the word after which it stands; cf. rl dijra; ras d7ra; how pray? cf. notes on 247, 623. déyyos—a Greek loved the light, and all dying addresses (e.g. those of Ajax, and Alkestis, and Dido, Vergil Aeneid 4 copied from the Ajax) bid a loving farewell to the sun and his light. éed8epov—freedom was a passion with the Greek. We should have expected é\ev@épa and some editors read é\evdépwy ; but it is one of the many instances of transferred epithets. : 369. dy’ odv p’—Porson’s correction after an old com- mentator for dyou pm’. &ywv—the present participle is rather loosely used, 370. édmls is distinguished from 8d as being better grounded. Plato contrasts 664 mere ‘opinion’ or ‘seeming’ with émicrnun, ‘certain knowledge’. tov=vivos is contracted from the Ionian form reo found in Homer, and is only found in Attic. It is similarly placed Aesch. Prom. 21, Ww’ otre puviv. otre Tov popdiy Bporey \| dpe. 372. prep, od 8’—in suddenly addressing a new person first comes the vocative, then the pronoun, then the particle. 1287, ‘ExdBy od 5’ @ k.T.2X. 373. d€yovra pyre Spa@ca—‘ neither by word nor act’, supply unre before Aéyouca. [Some MSS. and editors read pndé, but r. unde SpSoa=‘saying but not doing’.] ovpBovdov, ‘join in wishing for my death’. Beware of confusing BovAouac and its compounds with Bovdcdw.. : , 874. Oavety—substantive, object of cvp~Bovdov. 375. Stobaeus quoting this passage reads wévwv, 878 év KaKois, 380 mAciorov. 377. pdddov evtvxéorepos—double comparatives are occa- sionally met with. Eur. Hippolytus 485, waddov ddylwv, Soph. Antig. 1210, uadAXov docov, Shakespeare, Tempest, 1. 2, ‘more better’. . 378. Nauck suspects this verse, perhaps with reason. On the one hand it is just such a verse as copyists would insert, on the other hand Euripides often ends with such saws, py) KaAds—‘if with dishonour’, mu) adding a hypothetic touch, © 6—2 74 HECUBA. 379. ‘Marvellous and notable among men is the stamp of noble birth and rises to higher repute of nobility’, -Xapaxrijp—a metaphor from the stamping of money. Mil- ton (with whom Euripides was a great favourite) may have: borrowed hence, ‘ Reason’s mintage \| charactered in the face’. éoS\ov—gen. of origin, Soph. Ant. 38, et’ ed-yevns wépuxas etr’ écO\av xaxyn. Euripides had a high opinion of the value of good birth, but it must be accompanied by nobility of nature. Kat petLov tpxerat—Soph. Phil. 258, 7 8 éux vocos \| det réOnre Kdml wetfor pxerar. Svopa, acc., the nom. would require rotvoua in strict Greek. [382. Hecuba. Let me be substituted for Polyxena; I am the mother of that Paris who slew Achilles. Odysseus. Nay it is Polyxena whom Achilles demands. Hecuba, Let us die together: nothing shall avail to separate us, I will cling to her as ivy to the oak.] 382. elras—the quick Greek uses the aorist in order to ‘revert to the precise moment, so dwémrruca I loathe, érjveca I praise, édetaunv I accept. 383. ‘But to that good is added pain’. ds + IInkéws—a spondaic caesura is allowable in the fifth foot when the first part of it is a monosyllable capable of beginning a sentence, or the second part a monosyllable incapable of be- ginning one. 884. yéyov—‘the blame’ of not honouring the brave. 386. dyovres—cf. dywv, 369 note. tpas—‘me only’, Cf. 237 note. 391. ddA\d—‘at any rate’, This use of dd\\a is due to an ellipse, duels de, ef uo wdvynv pe Bovdecbe Horetoat, a\rAa Ovyarpl gTupPovevoare. ; 392. Eur. Troades 381, ovd¢ pis radpous \| é08’ doris adrots alua yH dwpnoerat. The earth is endowed with life and sense. mopa—the correction of Porson for réua of MSS., this not being an Attic form. 394. els, the reading of the best MS., is better than o7s of most editors. ‘We must not add one death to another, would that the obligation even of this death were spared us’. pmde (not ov5é) is used because wPelhouey expresses an unattainable wish. The aorist is more usual than the imperfect, and often in the form ei@’ wPedov. Supply mporpépew from mpocowréos. _ . NOTES. 75 396. ‘ye (condemned by Hermann) is forcible, 397. ‘How? for I am not aware that I have masters’. Kextypévos—this participle (nom. because it refers to the sub- ject of the clause) is the regular construction after ola and éricrapat. Of. 244 note, Seomdras—for the strong sense of this word cf. Hippol. 88, where the attendant calls Hippolytus Gvaé, adding cols yap Seamoras xadeiv xpewy, ‘for the gods alone may I style lords’, 398. If one could go so far as to declare the verse corrupted by the intrusion of a gloss rnode, the line might be re-written thus :—omws; dota xisods E~ouar Spvds. ‘Dost ask how? like - ivy to an oak will I cling.’ The rycde would be manifestly understood from @vyarpi in 396. [This is Dr Kennedy’s view. Other ways of taking the passage are (1) ‘Know that I will _cling to her as ivy to an oak’, supplying before é%rws some such word as ic#. (2) A double comparison may be intended, ‘I, like ivy, will cling to her as to an oak’.] Spvds—cf. 64 note. 399. otkx—‘No! Thus emphaticaily used accented. qv ye—‘that is, if’. [Aldus reads ot uv ye, but od uy is never immediately followed by ye.] 400. o#s—‘know that’=ic6i as. Soph. Aj. 39, ws éoru av5pos Tolde Tadpya Tradra co, ‘know that in him thou hast the doer of these deeds’, The phrase is a formula ‘fortiter aftir- mantis’ (Elmsley). 401. ov piv—formula of emphatic denial. avrod—gen, of place. [402—443. Polyx. ‘Mother resist not, it is unseemly’, ‘Polyxena exchanges a tearful farewell with her mother and is led off with veiled head by Odysseus. ] 402. Aaepriov—the name of Laertius (father of Odysseus and king of Ithaca) is variously spelt by the tragedians Aaép- Twos, Adprios, Aaéprns. 403. ydAa—‘give way to’. roKxedow.w—vague plural allud- ing to Hecuba, as 404 kparovor to Odysseus. This plural is often used instead of a definite name which it might be in- convenient to give. -_ 406, ampos Blayv— with violence’, so rpds 7jdovjy, ‘willingly’; Tpos xdpw, ‘pleasingly’; mpos tdxos, ‘quickly’. 407. é&«k—‘by’. 408. meloa—tfuture from macyw. The form reicg is not 16 HECUBA. rightly read in Euripides. py od y’—a formula of fond en- treaty. Supply from the context some such words as otrw ‘qolnoov. 410. mpooParetv—object of dbs. 411. Soph. Aj. 857, cat rov Sippevryny nrLov wrpocervér, \| maviotarov 57 KovToT’ avOs torepov (Ajax’s dying speech). 413. 81 strengthens réd\os (as waviorarov in the passage from the Ajax). Cf. Eur. Herakl. 573, mpoceurovo’ vorarov mpicpbeyua 57. 414. drepi—often used as an euphemism for dying: so olxomat. 415, pets—‘I’, as in 386. 416. wv—supply tuevatwy from dvupévatos. 418. éxet—a constant euphemism for év “Acdov (sc. déuos), which here occurs by its side. Keloowaw—especially of lying among the dead. There is some confusion between the body lying in the dead and the spirit in Hades. 419. mot reXevtyow—‘to what end shall I bring my life?’ This construction is called pregnant=‘whither shall I (carry and) end my life?’ Cf. Troad. 1029, tw’ eid7js of reXeurnow Adyor. 420. marpds obca—gen. of origin, which is taken by elut, ylyvopat, and réguxa. Cf. 380 note, 421. According to Homer these 50 children were those of Priam, 19 (or 38) of them by Hecuba. Verg. Aen. 2. 503, quin- - quaginta illi thalami spes tanta nepotum. dppopor t.—‘ bereft of’, gen. of separation, [The old reading was nue?s dé revtnKovr’ dywotpot Oh Téxvwy, @ Verse which Eur. cannot have written, Cf. 383 n. \| 422. cow.—ethic dative. Hektor—his eldest son. edarw— deliberative conjunctive. Goodwin, § 256. 425. d@Afa—This is Markland’s suggestion for d@Xlas. Two epithets for r’xns would be very awkward, and the whole sentence would be jerky and uncomfortable. 426. For position of re cf. 80 n. 427. xalpovo.w—‘others fare well, but this is not thy mother’s lot’. Polyxena had said ‘farewell’, and Hecuba plays upon the words.. The same pun is found in Sophokles, Eu- ripides, Plautus, &c. %rrww—emphatic, and so accented, . réSe— sc. 7d xalpew. The variant xapa is clearly an explanatory gloss. NOTES, — 1 _ 480... Oavotorns...cdv—day. agrees with cov supplied from aov. Cf. Ov. Her..5. 45, et flesti et nostros vidisti flentis ocellos. Sppa cvykAyev—‘to shut the eyes’, i.e. attend to her at her Shakts Verg. Aen. 9. 487, nec te tua funera mater \|. pro- duxi, pressive oculos, aut volnera lavi. [The form -«Ayjew is more Attic than -xAelev of old editions. \| 432. dycubels kdpa aémhots virtually form one word, hence follows the accusative pe: 433. éxrérynxa—Contrast this intransitive usage of the 2nd (or strong) perfect with the transitive meaning of éxrjxw 434. -So éaya=‘I am broken’, from dyvumc,-I break’; dAwda ‘I am destroyed’, from é\Aupe, "ey destroy’. KapBlay—ace, of respect or specification. Goodwin, § 160. 1. 435. ‘O light! for I may yet invoke thy name, but have no share of thee save for so long as I pass hence to the sword: and pyre of Achilles’. [dvopa—a plausible suggestion dupa has been made, but dvoua is more appropriate, implying that although Polyxena could invoke the name, she: could not enjoy es reality.] 438, mpohelra—‘TI faint’. Cr, Alk. 401, ri Spés; anita: : Aterar—‘are failing me’. Herakl. 602, & matdes, oixydmerda, Averae wéAn \| AUTy. In Attic, ress adiiov; iow, éioa: but AEAUKA. 441443. These verses are spurious. For they cannot be spoken by Hecuba, who has fainted; they are more than awk- ward as beginning a stasimon; they are in themselves feeble. és—‘in this plight’, i.e. a slave, [ws would=wtinam.] Avocképo.—Castor and Pollux were born at a birth with Helen. The form 6édcKxovpo.. (whence Latin Dioscuri) is not Attic. “Edévqv—There is a play on this word and ete 443 (which -=xabetre); cf. alivorapw 945. [444 483. First Stasimon, oraciov (uédos), or ole by the entire chorus after taking up their position at the thymele. The term itself appears to involve two notions—that of the chorus in position at the thymele—and that of an ode unbroken by dialogue or anapaests. Cho. ‘Ocean breeze, to whose house wilt thou waft me a slave? To Doris, or Phthia, or Tes © ox Athens? My city smoulders in ruins, I am a slave’.] 78 HECUBA. 444, ovrids—adjectives in -ds are usually (but not of neces- sity) joined with fem. words. Phoen. 1025, orrdox mrepois: 445. <p tebaate atl ®ods—fixed Epic epithets. 446. dxdrovs—an exclusively poetical word, the usual prose equivalent being vais, and dxdrioy is a mere skiff, 447, tropetw—‘I make to go’, ropevopar—‘I go’. 448. to;=7lv.; nrnPetoa—rarely used passive as here. 450. Awpls ata—the Peloponnese. 451, Phthia—in Thessaly. 453. wvSarwv watépa—So Eur. Med. 573 praises the Hali- akmon. 454. Apidanus—a tributary of the Peneus, and one of the few rivers, says Herodotus 7. 196, which Xerxes did not drink dry. yvas—restored by Hermann for the gloss réé:a. 455. vdowv—connected with moi, 447. 456. weptropévay—governed by ropetces, 447. 458. The palm is said to have been first born at Delos, because it gained its eminence among trees from its connection with Apollo who was there born. 8tos is often used of things glorious [from same root as dies, divus, &c.], but the epithet here alludes probably to the fact that Latona’s travail brought forth gods, viz. Apollo and Artemis [or that they were the children of Zeus]. Delos was in Olympiad 88. 3 (B.c. 426, cf. Thue. 3. 104) solemnly purified by the Athenians. Plutarch tells us that Nikias, the Athenian general, took pains to make this celebration a success by providing splendid chorus and uniting Delos to the islet of Rheneia. [This is one’of the con- temporary allusions which help to fix the date of the play.] 465. dpmv§—‘a head-band’, so called because it duméxe (surrounds) the hair, 466. IIaAAddos wéAus—Athens. 467. eds valovo’—Nauck’s emendation for the unmetrical APavaias. KadAt8lhpov—Athene is represented in her chariot fighting against the Titans. Compounds of xad- are formed from the subst. xéAdos, not the adj. adds. [Porson reads xad\didpor’, but the elision is impossible. ] - 468. amémrAos—the sacred vestment of Athene on which was depicted the goddess doing battle with the giants. It was carried NOTES. 79 in solemn procession at the greater Panathenaea once every Olympiad. ; 470. Sat8adeato1—used by Homer of stone or metal work- ing, but here referring clearly to embroidery. ‘ Shall I yoke?’ of course means ‘shall I represent by embroidery the yoking of the steeds ?’ 471. av@ékpoxos—perhaps merely variegated (év0os) and saffron-coloured (xpéxos). mivy—‘thread’, pl. ‘the web’, Latin tela. rom the same root comes the Latin pannus, a patch, 472. Titans—the sons of Ouranos and Gaia, who rebelled against Zeus after he had conquered them and Kronos their king. Later poets add largely to their numbers, Aeschylus including Prometheus, while in the Latin poets Titan=the sun- god. — _ 473. tdv=7v. dpdburipa—used by Sophokles of Artemis holding torches in both hands. 475. rexéov—Goodwin, § 173. 3. 478. Soplkrnros “Apyetwv—a possessive genitive. 480. KékAnpoat—more forcible than eful, which it, often means. A Greek hated the name as much as the reality of slavery. Cf. 552. 482. See the translation of the entire ode. The old trans- lation was ‘having left Asia the handmaid of Europe, having by exchange become the bride of Hades’ (which of course was absurd, as they had not to die): or ‘having changed death’s chambers (for slavery)’, which is harsh. But the fatal objection brought forward by Hartung is that Eur. often uses 0éparva in the sense of ‘a habitation’, never in that of ‘a handmaid’, which would be Oeparrava. ** Breeze, ocean breeze, that carriest swift sea-bound barques o’er the swelling flood, whither wilt thou waft me the forlorn one? ‘To whose house gotten for a slave shall I come? Shall it be to a harbour in the land of Doris, or of Phthia, where they say that Apidanus, father of fairest waters, fattens the furrows? Or to what isle wilt thou bring me, hapless one, sped by the sea-sweeping oar, spending a piteous life in the house,—to that ‘one where the palm there first created and the bay tree raised their sacred shoots for dear Leto, to grace her divine travail? And shall I praise with Delian maidens the golden fillet and bow of Artemis? Or shall I, dwelling in the city of Pallas of the fair chariot, yoke young steeds on her saffron robe, em- 80 HECUBA. broidering them on the rich wrought. flower-decked web, or [embroidering] the race of the Titans which Zeus, Kronos’ son, with flashing flame hushes to rest? Woe is me for my children, for my fathers, for my country, which, smoke-defiled, lies in ruin won by the Argives’ spear. And I in a strange land am called a slave, having left Asia and taken in exchange an abode in Europe (which is to me) the bridal-chamber of Hades.” [484—517. Enter Talthybius, Is there a god in heaven, or does chance rule all? Yonder lies one erewhile a queen, now a wretched slave. Lady, arise. Hecuba.. Who art thou? T. Iam Talthybius, sent by Agamemnon for thee. H. What? Am I too to die? Blessed news! J. Nay, thou art to bury thy daughter. H, Tell me how ye did the cruel deed.] \| 484, 8 aote (to be written separately)—‘lately’, But Pflugk prefers to give 64 the sense which it has with superla- tives. 485. éevpount av—a modified future, a tense avoided by the Greeks where possible, an example of their softening down. 486. var’ txovoa—Hecuba is lying huddled up. The po- sition has been objected to as undignified, but it is for this very reason that Euripides introduces it to heighten the pity of the audience. \| naliz 488. ‘Zeus, what am I to say? that thou regardest men or that they have idly and to no purpose this false opinion, thinking that there is a race of gods, whereas chance watches over all things among mortals’, The change of subject is harsh, that of épay being oé, that of xexrjaGar being dvOpwrous. dAAws p. y.—This piling up of the agony is quite in the tragic vein, and v. 490, condemned by several editors, appears quite genuine. Soxovvras—epexegetic of ride ddtay. Huripides was a pupil of the great philosopher Anaxagoras and averse to popular mythology, but Aristophanes’ strictures on him are unjust. 492. %8«—pointing at her. 494, mao’ avéornxev—‘is utterly destroyed’. The position of xaca shows that it closely qualifies avéornxev. [Remember that the present, imperfect, future and Ist aorist of ternm and its compounds are transitive, the rest intransitive. ] 495, adry—‘and she’, the correction of Elmsley for avry. NOTES. 81 _ 496. xetrat—‘is grovelling’, the word used of Achilles in his rage and grief after the taking away of Briseis (Il. 2. 688), of Ajax when he recovered his senses and realised his shame (Soph. 4j. 206). xdve. pip.—lit. ‘caking with dust her head’, always a sign of mourning, Cf. Catullus 64. 224, canitiem terra atque infuso pulvere foedans. 497. Talthybius means ‘I have but little life left to enjoy, (this little being on that account the more precious,) but I would surrender that’, &. 498. mepimrimrw—usually of ‘coming across’ a disaster. 500. ardA-devxov—a favourite compound with Euripides, e.g. 196, 212, 411, 528, 657, 667. : 501. tls otros otk égs—Hecuba, looking up for the first time, ‘Who art thou that sufferest me not, &c.?’ For construc- tion cf. Hom. Il. 10, 82, ris & otros Kard vnas dvd orparov Epxeat olos; THEA TOULOV—A periphrasis for éué. \| 502. He ought to have respected her grief. 503. AavaiSav—Peoples are often designated by patro- nymics, so Dardanidae, Aeneadae, 504. méprpavros—supply éué. péra—i.e. peraméuparos. This cutting iets asunder is called tmesis. 506. Soxovv—‘because it is decided’, acc. abs. Cf. 121 n. We should have expected the aorist ddéav: cf. dywv, 369 note. - 507. éykovéw—said to be connected with xoms=‘raise dust by bustling’. yo por—cf. 383 note. 509. petacrelxwv—‘ seeking for thee’, not ‘to seek for thee’, which would be future. For the force of mera in com- position cf, 213 note. : 510. ArpeiSat—the two sons of Atreus, Agamemnon king of Mykenae, and Menelaiis king of Sparta. A. “Ayavixkds—a democratic anachronism. In those early times the people would have little voice in the matter, 511. rl Aéeus;—‘ what art thou about to say?’ Hecuba fears still worse remains to hear, it is incorrect therefore to say that it=ri \éyes; dpa— ‘it would seem’, the lightest of the inferential par- ticles. ds Savoupévovs—‘ for death’. «ds with the future par- ticiple gives the avowed cause whether really meant or not, ~ 82 HECUBA. 514. +d érl oe—‘with regard to thee’ (Polyxena).- Many editors have considered that o =col, which however never suffers elision, and would give a wrong sense, ‘as far as depends upon thee’. jpets—cf. 386 note. Notice how she becomes singular and feminine at the same time. “Je 515. mas nal;—‘how in fact?’ (1) tis (mot, ob, rotos, -mws) kal asks for real information, the cal adding vigour=rls 5y. Cf. 1064. (2) Kal rls (aot, rob, rotos, r&s) is a formula of contradiction, the question being a sneering one. ww=avriy. uy, a corresponding dialectical form, is not found in tragedy. ‘How in fact did ye despatch her? with reverence, or came ye to the dread deed butchering her as a foe ?” [518—582. Talthybius. All the Greek host were in at- tendance. Neoptolemus set the maid on the tomb, poured a Jibation, and prayed for a safe return. The maiden at her prayer was unhanded that she a princess might die free: then tearing open her dress she bade Neoptolemus strike where he would. The blow fell; and scarce had she fallen when all vied to do her honour in collecting wood for the pyre or leaves to.cover her withal, each urging his neighbour to activity in the work.] 518. ‘Lady, thou wouldst have me take a double meed of tears in pity for thy daughter: for now in relating the evil tale shall I moisten this eye even as at the tomb when she was dying’. After pds rdw re supply éreyéa. @AAVTO—nOote the tense. . 521, ras...A1jpys—emphatic repetition, cf. 489 note. - 622. él edhayds—‘for the. slaying of the maiden’, émi (with acc.) denoting the direction of their attention. \| 623. xepds—‘ by the hand’. Goodwin, § 171. 524. totnoe—‘set her’. én’ dxp. xop.—This was neces- sary: cf. Helen’s directions to Elektra, Or. 116, Kal orao’ ém’ dxpov xwdmaros \éEov rade. méAas 8 éyd—sce. Zorny. 525. ‘And picked young men chosen from the Achaeans attended in order to restrain with their hands thy maiden’s struggling’. Xexrol and ékxptrot together are awkward. pdo- xov—cf, 144, - 528. alpen—‘raises on high’. [This is the reading of the best.MS. and one other. All the rest read éppe:, but apart NOTES. 83 from the fact that the time for pouring the libation has not yet come, peiv xoaus, ‘to pour libations’, is not Greek. A river might well enough be said peiy yada, ‘to flow with milk’, but to say that a man ‘ flows libations’ is quite another thing.] 529. onpatver— signifies’, by a sign, in order to avoid ill-omened words which might mar the whole sacrifice: cf. e’onua puvely =silere. 581. mapacras—‘ having stood forth’, Aristoph. Knights, 508, mpds TO O€arpov mapaBjva. otya—ady. otfya—imper. of ovyaw. . 533. vijvenov—' And I hushed the crowd into quiet’, pro- leptic. The derivation is v7, dveuos, cf. vwvuwos=v7, dvoua. 534. matrip—nominative for vocative as usual in oxytone words. . \| Recs , 587. dxparpvis—‘ virgin’, lit. ‘undefiled’, in sense quali- fying xépys. Cf. Iph. Aul. 1574, dxpavrov aiwa xadd\urapGévov dépns. \| 538. ‘ Show thyself kindly to us’. 539. XAvrat—object of 54s. Note the change of construc-: tion, after dds juzy comes an accusative and infinitive clause. XaALtvwrrpta—se. ova, metaphor from horses, would in ‘prose be mpuuvyjcia. As soon as a breeze sprang up these ropes from stern to shore. would be cut. mptpvas x. xad.— a kind of hendiadys. 541. véorov—from which Achilles’ anger had debarred them, 113. 542, éa-nvgaro—‘ prayed after him’, so é-gdev. 543. ‘Then by its handle he seized a knife gilt all over and was in act to draw it forth from its sheath’. komryns— §23 n. 546. éppdoby-—‘she noted it’, passive in form, but =éppdoaro. - ; 547. ‘You have destroyed my city, at least let me die ree’. 552. Kexdyo0ar aloxdvopar.—The infinitive is used when a feeling of shame prevents a person from acting, the parti- ciple when that which a person does causes him shame. So alaxivoua: Adve, ‘I am ashamed to speak and so do not’; alcxvvouat Aéywr, ‘I speak but am ashamed of it’. — 84 HECUBA. . 553. émeppd6yoav—a metaphor from the grating of the shingle on the beach when the sea is strong. [555, 6. of 8° ds...7jv kpdros—probably an interpolation based upon the Homeric dou xparos éort wéyorov, being tame, and odrep misplaced.] - 558. ‘She seized her robes and rent them from the top of the shoulder to the middle of the waist by the navel’, 560. Every man in the audience could recall some ex- quisite statue. The comparison was frequent. Plato Charmid. 154 ©, dd\A\d wdvres Womep dryadua éGedvTo avrov. Aesch. Ag. 242, wrpérovea ws év ypapais. : 562. tAnpovéorarov—‘ bravest’. According to their con- text, words from root TAA susie an active or passive meaning. 564, maicov—‘strike now’. More emphatic than mate would have been. . 664. avxyiv—‘ neck’. 565. Aatpds— throat’, ‘ gullet’. 566. Cf. Shakespeare, Measure for Measure, Act 2, ‘Se. i, “at war ’twixt will and will not’. 567. ‘Cuts with his steel the channels of her breath’, i, e. her windpipe. Southey’s ‘the tube which draws the breath of. life ’, 568. xKpovvol—se. aluaros. Kal Ov. dnws—a strong expres- sion; such thoughts would not be expected in death. ~ §69. evoyxtpws—arat rey. formed from evcyyuos. Cf. Ovid, Fasti 2. 833, tum quoque iam moriens ne non procumbat honeste \| respicit: haec etiam cura cadentis erat. 570. Cobet objects to the line as marring the grace of the passage. It is however copied by Ovid, M. 13. 479, twm quoque cura fuit partes velare tegendas, \| cum caderet, castique decus servare pudoris. Kpvmrrey takes two accusatives, Goodwin, § 164. 571. ddiyxe mv.—‘had given up the ghost’, the Greek idiom takes the aorist where we prefer the pluperfect. 574, dvdAors &B.—‘covered with leaves’. gvddoPoNa, decking with leaves, whether in life for having won in the games, or after death in token of love or respect. of 8 wA.— ‘while others heap up the funeral pile, eee 70% logs’ = Kopy.ds—short, thick log [xelpw, ‘lop ’]. NOTES. \| 85 576. roladS’ yKovey kaxd—‘was addressed with such re- proaches as these’, Cf. Alk. 704, ef & tas xaxds \| pels, dxovcet moka Ko WevdR Kaxd.: Hor. Sat. 2. 6. 20, matutine pater, sew Lane libentior audis. _ 578. Thue. 3. 58 (speech of the Plataeans). ‘ Look at the sepulchres of your fathers, whom slain by Medes and buried in our land, we were wont yearly to honour at the public expense with garments and all other due rites’. Verg. den. 6. 221,. purpureasque super vestes, velamina nota, \| coniciunt. 579. e—from clu, ibo, meptood—neut. pl. used adver- - pially. 580. Aéyw is Heath’s correction of the MS. readings \éyov or Aéywv, from which no satisfactory meaning can be got. [583—628. Cho. There is a doom of the gods against the house of Priam, Hecuba. Daughter, thy nobleness softens my sorrow at thy fate. Is virtue inborn or can it be taught? Bid the Greeks not touch my daughter’s corpse. Aged hand-. maid, go to the sea to fetch some lustral water, I will go to the tents to see if there be atight to hottour the dead withal.] 583, éméleoe—‘ hath surged up against’, English has to change both tense and metaphor, as we do not speak of evil boiling over against us. IIpwaplSars—‘the house of Priam’: patronymics are often loosely used.. 584, dyayxatov Seav—‘a doom of the gods’. Cf. Soph. Aj, 485, ris dvayxaias TUxys, ‘the fate-doomed lot.’ Jl. 16, 836, juap avaryKkatoy, ‘ the day of doom’. 586. dpopor.—' touch upon’. 587. mapaxadkei—‘ calls me aside’, a frequent meaning of mapa in composition, 3 588. SiddSoxos x. x.—‘ adding new in succession to former evils’. Suppl. 71, ayav 68 dddos Epxerar ybwv yoors \| Siddoyos. 589. ‘And now I could not wipe out thy fate from my heart so far as not to lament it’. The order is rather in- verted. 3 591. +rdAlavy—‘excess’, i.e. of grief. It is worthy of note how the Greeks utilised their neuter; here supply orévew from the context. ae: 592. ‘Is it not then strange that poor soil if it meet with a good season at the hand of the gods brings forth corn’ 86 HECUBA. abundantly, and fruitful soil, should it miss what it ought to have met with, gives a poor crop; while in men at all times the corrupt is nothing but bad, and the noble noble, nor through mishap does he spoil his nature, but is ever excellent?’ 595. dvOpdrois— ‘as regards men’, usually év dvOpwras. [Some editors read év Bporots by conjecture. ] 598. S.épOape—Gnomic aorist used to express a habit. Cf. Eur. Suppl. 227, 6 Qcds—éiwdecev, ‘is wont to destroy’. Hor. Od. 1. 34, Fortuna sustulit. Goodwin, § 205. [Here as elsewhere, Eur. sins against good taste in putting a rhetorical harangue on the subject ef d:daxrdv 7 dpery (a question discussed in the Meno of Plato, the decision being that it could if there were competent teachers) into the mouth of a mother mourn- ing over the loss of her daughter, ] 599. ‘Is it the parents who make the difference or the bringing up?’ The article before rexdvres does duty also for tpopat. [Or ‘have the parents more weight than’ &c. The construction diadépw 7 is found.] 600. ‘Yet even to have been well brought up involves teaching of good’. ‘ye wévrou often come together in Sophokles and Euripides, yé rol 7: (of some editions) never. 602. Kavdve tod kakov—‘a standard of right’. pabdy— ‘having learnt it’. [Porson suggests werpwyr, ‘estimating it’, which appears unnecessary. \| 603. i.e. ‘these things will bring me no surcease of sorrow’. 604. ov 8’—spoken to Talthybius; ‘take to the A. this message, that they’. 605. por—Ethic dative, G. § 184. 3, note 2. epyav— ‘shut out’, efpyew, ‘shut in’, acc, to Kustathius [fl. a.p. 1150] followed by Lobeck, &c. Others, however, e.g. Bekker, always read elpyew in Attic. 606. tis mat8ds—gen. of separation after elpyew. G. § 174, vot—the usual particle in gnomes and so preferable to yap, which has also less MS. authority. pwpte—‘ countless’, akin to Lat. multus. 607. ‘The lawlessness of the sailors blazes fiercer than fire’. Euripides gives a side-blow at democracy which was intimately connected with the sea. Aristotle talks of the vav- rixds dxdos as the scum of the population, Pol. 7.5. xpeloowy NOTES. 87 —cf. Soph. Oed. Tyr. 176, xpetocov éuamaxérov rupds, ‘more quick than furious fire’. _ 608, py—not ov, because it supplies a reason, qui non faciat. 610. ovrias ddos—‘some salt sea water’, partitive gen. 611. After death an obol (about three-halfpence) was put in the mouth as ferry money for Charon; then the body was washed, anointed and dressed in a fine robe by the female attendants. 612. Polyxena was betrothed to Achilles and so not a zrap- Oévos: but not a bride, and so dyuugos. There is probably ‘a side reference of betrothal to Hades. [This placing side by side of opposite words is called oxymoron: cf. Tennyson, ‘His honour rooted in dishonour stood, and faith unfaithful kept him falsely true’. ] 613. mpo8dpat—‘lay out’. When decorated (611 n.) the corpse was laid out on a bed, often out of doors, the object of this formal mpééecis being to make sure that there had been no foul play and that death had really taken place. After the body had lain there for a day (i.e. 48 hours after death) burial took place. ‘According to her deserts how can I? I cannot; but (so will Idoit) as Iam able’. She will consult not her wishes but her means. 614. tl yap wé8o;—‘ what must I content myself with?’ differs from ri yap dpa in containing an idea of circumstances out of her control. - 615. Kdocpov—‘ decorations’, 616. térw—‘ within’, a sense usually borne by évrtds. 617. +. vewrtl Seomrdras—‘ our lately acquired masters’. For -7: cf. weyadworl, dvouacri. Goodwin, § 129, 18. 618. K«Aéypa—a curious word for Hecuba to use, even though all they had belonged to their masters. Nauck suggests AeZuua, ‘remnant’, or xrjua, ‘ possession’. 619. & oxrypar’ otkav—‘O stately halls’, The same ‘periphrasis occurs Alk. 911. 620. ‘O Priam, possessor of many and most excellent things, most blessed in thy children’. [Kirchhoff reads with _ the best MS. 6 mi, éxwv x. Kedrexvwirare. Porson, 6 tr. exw, E, H. 7 — 88 HECUBA. KdddusTé 7 etrexverare, joining the two superlatives, with which cf. péyicrov éxbiorn Med. 1323, maxime liberalissima Cicero, most highest Ps. xxi. 7 (P. Bk.).] 622. ds—‘how’. es 7d pnSiv—‘to nought’, also without the article. Soph. El. 1000, kai undév epxerau. 623. ‘Robbed of our former pride; and forsooth are puffed up’, &. eira Sntra—strongly sarcastic. oykovpefa—Aristoph. Wasps 1024, dyxacoat 75 ppovnua. 626. ‘Yet they (wealth and honour) are but nothing, merely’. 628. ‘That man is happiest who day by day chances upon no ill’. HEnnius, quoted by Cic. de Fin. 2. 18, nimium bonist \| cut nil malist. Plato, Philebus 48 p, ‘Is then the absence of pain the same as pleasure?’ kat’ ypap—also cad’ quépar. : [629—656. Second Stasimon (cf. 444 note). ‘O the fatal pine with which Paris made him a ship in which to sail to Helen’s bed. Then began woe for Ilion, ay and for many a Spartan maid who mourning tears her cheek’. With this cho- rus may be compared Horace, Odes 1. 15.] 629. xpyv=éxp7v: noticeable as one of the very few words which in Attic can drop their augment. 631. Ida-—a range in Mysia, S.E. of Troy, from which in Homer the gods watched the Trojan war. ‘Many fountained Ida’ was famed for the ‘ dark tall pines that plumed the craggy ledge \| high over the blue gorge’ (Tennyson, Oenone). So Ay- toun, ‘On the holy mount of Ida \| where the pine and cypress grow’. 632. - "AdéfavSpos—i.e. Paris; his usual name in Homer. The accounts of him are widely inconsistent. On the one hand he is the valiant ‘protector of men’ (’AAéé-avdpos), a kind of Romulus among the shepherds; on the other (e.g. in Horace, Od. 1. 15) the effeminate adulterer. 633. érdped’ =érduero from réuvy. én’ ofSpa-——the acc. implies going on to and sailing on the swelling fiood. 635. ‘EAévn—wife of Menelaus, king of Sparta. Cf. Ten- nyson’s Dream.of Fair Women, ‘At length I saw a lady within éall, \| stiller than chiselled marble, standing there; \| a daughter _ NOTES. 89 of the gods divinely tall, \| and most divinely fair. \| Her love- liness with shame and with surprise \| froze my swift speech: . she turning on my face \| the star-like sorrows of immortal eyes, \| spoke slowly in her place. \| I had great beauty; ask thou not my name: \| no one can be more wise than destiny: \| ‘many drew swords. I died. Where’er I came\|I brought calamity’, 636. tav= 7. 639. avdayxa.—‘dooms’ of the gods, especially slavery, Ci. dvayKatov Year, 584 note, . 640. Kowvdy...i8fas—one man’s sin, many men’s suffering. The antithesis is rhetorical and occurs again 902, 8. xowdy in grammar qualifies xaxdv, in sense also cupdopd. 641. LXpoas—contracted Zipods, rises in Gargarus, a pea of Ida, and tlows N.W, into the Hellespont (Dardanelles), 643. dAAwy—‘strangers’, those who were other than Trojans. [Or=‘ from the gods’.] 644. Hris, not being invited to the wedding of Thetis and Peleus, avenged herself by casting a golden apple among the goddesses with this inscription, ‘For the fairest’. Hera, Athene and Aphrodite each claimed it, and the case was put before the young herdsman Paris, who adjudged it to Aphrodite; with what fatal result is known to all. dv (a) Kp. watSas—dv=7v is cognate acc. [or the double accusative is similar to Aesch. dg. 813—5, @eol...’Ilov POopas... Yhpous eevro.] : 645, pakapev maisas—ef. a similar circumlocution, 930, maides Eavwr. 647. él Sopi—‘ with the outcome of the spear’, &c. Cf. Herc, Fur. 881, éwi kd8q. Aesch. Sept. 878, Sduwv érl Niuy. 822, 649. tis—collective. 650. Eurotas—the river on which Sparta stood: note the alliteration in edpooy Evpadrav. — 651. Adkatva—fem. of Adxwy: so Aéwy, awa Oeparwy, - Geparawa. [An allusion is very possibly meant to be under- stood to the capture of 292 Spartan hoplites at Sphakteria, 120 of them of the highest birth, by the Athenians. This brilliant exploit was due to Demosthenes, b.c. 425. Cf. Thuc, 4, 1—41.] 655. Spbwrra—r/dpud. Cf. dpérw, ‘I pluck’, 7—2 90 HHCUBA. - To me was it fated that calamity, to me was it fated that ‘suffering should come, when first Alexandros hewed him the pine-log of Ida to sail o’er the ocean wave to the bed of Helen,. fairest of all on whom doth shine the golden sun. For toils and dooms stronger than toils encircle us. And a common evil sprung from one man’s folly came fraught with death to the land of Simois, and calamity from strangers. And the strife was decided in which on Ida the herdsman judged the three daughters of the blessed gods with the outcome of war and of slaughter and of the ruin of my dwellings. And at home beside the fair-flowing Eurotas there weeps many a Laconian maid all bathed in tears; and the mother, her children dead, lays hand. on her hoary head, dabbling her finger-nail in the bloody rendings of her cheek’. 658—904. Third Episode. [The discovery of the body of the murdered Polydorus. Agam. enters to enquire the reason of Hecuba’s delay in burying her daughter, and H.,; after a long debate in her mind, appeals to him on behalf of her son for vengeance upon the treacherous prince of Thrace. Agam. » demurs at first, half afraid of the view which the Greek army might take of any action against their ally; H. pleads that at any rate he will prevent any rescue, and she will take thé vengeance into her own hands. \| [658—725. Enter an aged female attendant, who had gora to fetch water to wash Polyx.’s body, with the corpse of Poly- dorus. H., supposing it to be Polyx.’s, asks why it has been brought. As she receives no answer, her idea is that it may be Kasandra’s. The body is uncovered, and H., in her lament, lets fall an expression which provokes the question, ‘ Did you know of this before?’ She goes on to ask how and in what state the corpse was found, and cries that her visions have proved true. Then the Chor. asks, ‘Can your wisdom of dreams tellthe murderer?’ ‘Yes’, H. at once replies, ‘it is the Thracian prince’, and she bursts into an indignant protest against the violation of hospitality and the sin of mutilation. ] 659. OnArvv orrop.—cf. 7d Onrv yévos, 885. Adjectives in -us are often of only two terminations. “Hpy On\us éodca, Il. Hovs airy, Odys., nuloeos nuépas, Thue, 660. KaKots ty’—‘in sorrows, wherein’. Herm.’s correction for the abrupt xaxoto.w, which is a dative of reference, denoting the aspect in which the subject shows itself, the acc. of ref. being used to denote a part of the subject itself. ocrépavov— NOTES, 91 ‘prize’ (lit. garland of the victor at games). Cf. Wordsworth, Sonnets, ‘* Wost wretched one!” Who chose his epitaph? Himself alone Could thus have dared the grave to agitate And claim among the dead this awful crown!’ 661. ‘How! wretch, with thy ill-tongued clamour ! for thy doleful messages are never quiet.” For construction ef. 211, - 783. The gen. is after the analogy of the gen. of ref. with verbs of emotion. 664, evdpnp. ordua—to have good-omened words in their mouth’. ordu. is ace. of ref.; the phrase, like favete linguis, comes to mean silence, as though abstinence from speech were ‘the best form of good-omened talk. 665. Sép. tmep—‘from within’. MSS. vary between this (which Schol, interprets éwréxe:va) and two and dio. There is also a conjecture rdpos. See 53n. 668. ‘No more thou livest, though thou seest the light’. This is justified by the punctuation, and is more vigorous than el BXéroveoa=Préreis. Cf. Tennyson, ‘in more of life true life no more’, 670. ‘Thou sayest nothing new, but thy reproach has fallen on one who knows’. The plural is used rather vaguely. H. thinks that the attendant alludes to the death of Polyxena. 672. ‘Whose burial was reported as being busily prepared. at the hand of all the Achaeans’, admnyyéAn—verbs seldom haye more than one aor. in regular use. arnyyéAn, which some MSS. read in Eur., is not an Attic form. rddos nearly=rady. Sid xepds = per. orrovs. ex ev = orrovdd feoPar. 674. ‘She knows nothing [spoken aside], but mourns, woe’s me, for Polyxena’. pot—Hth. dat. 676. pav (7) ovv)—like num, expects answer ‘no’. ‘Surely thou art not?’ 677. Kae. kdpa—an expansion of Kagdvdpay like caput in Lat. for ‘ person’: often regard or affection is expressed, as @ kaclyvyrov Kapa ‘ dear brother’. See. 724n, 678. ‘Thy loud lament is for one who lives’, AdoKw— only used in poetry and always of loud ringing or crashing or _ tearing sound; it implies therefore loud talking. For the turn 92 HECUBA. of the phr. equiv. to wep! with a gen. cf. Alk. 141, kal fScav elmetv kal Oavovoav éort cot. 679. yvpvoltv—The attendant uncovers the corpse; that it was not naked we see from 734. 680. et—‘whether’, i.e. ‘to see if’, éia.—‘ expectations’, like spes sometimes in Lat. 682. otkois—domi, poetic dat. of place. Goodwin, § 190. 683, ovxér’ ei. S4—‘ now-is my life o’er’. 685—7. ‘I begin a frenzied strain with recent knowledge of woes sent by an avenger’. katrdpyx.—usually with gen., has ace. also in Or. 960, kardpxoua orevayudy. dddor. (ad, 4/Aa0)— one who does not forget wrong, and so an avenging deity, used with and without daiuwy. The ref. here is a general one, and not to the ghost of Polydorus, Kakév (for which véov is con- jectured by Pors.)—is gen. of object after adjective compounded with a trans. verb. So 235, xapdlas Syxrypa=d daxver THv Kapolav. 688. ydp—‘ why?’ ‘what?’ Lat. quid enim. 691. ‘No day shall stay me from my groans and tears’. This old variant is adopted by Matthiae, who also reads juap éw. If the adjectives be read in the nom. the force of éricxyoet will be ‘come upon me’, ‘dawn’, 696. Ovijokes=e0aves. Ketoat—so iaceo, Ov. Her. 3. 106, - gui bene pro patria cum patriaque iacent. 698. vw—for acc. see 51n. 699. ‘A waif upon the level sand, a victim of the murderous spear’. méonua exactly cadaver: NXevpa—connected with devos, lévis, Engl. level. \| 701. ‘Cast him up from the sea’. Hdt. 1. 24, rov dé deAdiva _ Aéyouot vrohaBorra éfevetcar ert Tatvapor. 702. tualov—‘I perceive’. mapéBa—‘ went by’, and so ‘es- caped’. 706. av refers back to Sipe. 708. Ards & dde—‘light of day’. Cf. Hor. sub Tove, sub divo; 458 n. 709. dvepdpdpwyv—‘ by thy dream-wisdom’, with a touch of sarcasm. NOTES. \| 93 711. ty’— with whom’ [or * where’, for Thrace is suggested by the word Oppxios, as in Andr. 652, oboap pev “Hreporw, ob (=év ’Hrelpy)]. 712. ‘Alas, what art thou about to say?’ exy—so best MSS. See 27n. The variant éyo. would leave the permanence of the result uncertain. 714. dvwvop.—‘a deed without a name’, Shakespeare, Macbeth. 715. 008 avexta—‘and not to ke borne’. A hint at ven- -geance, ov Six. Evev;—‘where is the sense of right towards guests?’ [or ‘sense of right in hosts’], according as we consider » éévwv obj. or subj. gen. 716. ‘O most accursed of men, how hast thou hacked’ [or ‘mutilated’]. A partitive gen. with positive adj. often virtually equals a superl. <Alk. 472, G dida yuvakdr. 720. axticw—So the two best MSS., others @xricas. 722. ‘Whoever he be that presses on thee’, i.e. the GAdoTwp. 724. ‘However, since I see the form of Agam.’, &e. ddd yae—often separated by one word when a new comer is an- nounced, e.g. Soph. Ant. 155, d\n’ bde yap 57 Bactrevs...xwpet. Ayap. Séuas, so Or., ‘Epuidvys déuas=Epmovnv. Iph. Aul., Tovpoyv déuas=eue: but déuas also has a special force like Lat. idiom used six times in Verg. (virum) corpora. See 677 n. [726—785. _Agam. appears and chides H. for her delay in burying her daughter; he sees the body lying and asks what Trojan it is. Then H. debates in along ‘aside’ whether she shall tell Agam. and ask his help, without which she can effect nothing—or bear her troubles in silence. She decides to speak. Agam. asks if she seeks a life of freedom. ‘No’, answers she, ‘I could live a slave all my life for vengeance sake’. She then points to the body and tells him it is her son’s, who was sent _ to Polymestor’s care.] 726. péAX.—‘ delayest’. _ 927. ‘On such terms as T. made known to me, that no Argive should lay hand on thy maid’, See 604. 729. piv odv—‘ well then’. cidpev...aatoyev—This is the excellent conj. of Nauck; it gets rid of the final cretic in Wavouev, and the addition of the impf. for éduev makes the grammar more consistent, ~ 94 HECUBA. 731. ‘I have come therefore (62) to fetch thee away; for - matters yonder have been well done, if aught of these things be right’. Gk. xadov approaches our sense of ‘duty’. érrly kahos —not so common as éxew in this conn., but cf. 532. Soph. Ant. 637 (MS. reading), dfiws éorat. Hel. 1293, xadds av etn. 733. %éa— ha’. 28S j 734, ‘For that he is not an Argive’. Apyetov—this is nearest to reading of best MS. ’Apyeto., which can only be rendered ‘his non-Argive dress’, There is a variant ’"Apyelwv ‘one of the Argives’, like Iph. T. 1207, cv ré wor cbumreun’ — éradar. rank 736. H. speaks aside to 752. Agam. is meanwhile amazed, then angry at it. ‘O thou poor Hecuba—ay, I speak of myself when I speak of thee—what shall I do?’ Spde~w follows the sense rather than the strict grammar, dpace:s would have been more natural. [The Schol. and Herm. wrongly thought that dvernv’ was an appeal to Polydorus, comparing Or. 553, éuavrdv, qv Aéyw \| Kaxos éxelyyny, pd. \| 737, 8, mpootrécw...dépw—conj. delib. 739. ‘Having turned thy back upon my face’. 740. ‘But dost not state the fact, who this is’, 8crts would be more regular. Stpe—The v is long, and so the reading ddvpe: cannot stand. We find kindred forms popyupu, dudpyume, KAXAwW, 6KéeANW; K.TX. 742. dy...dv—The double dv (read by the best MSS.) is. by some edds, considered too emphatic in so short a sentence, and they consequently omit the last, or, with Brunck, change the first into ad. Herm. explains by rai wpds dv ahyjoamev av, but dv can qualify only verbs. ae 743. ‘Know that Iam not’. vo, sententious, as usual. 744, 680v—‘drift’. The metaphor is more drawn out Soph. O. T. 68, mods & odovs EXOovra Ppovridos rravots. 745. ‘Do I take count of his feelings too much by the standard of enmity, while enemy he is not?’ ye and é both add emphasis. Nauck conjectures dp’ e¥ Noy:fouerOa. 748. és ratrév—‘thou dost but agree with me’. Supply éuol, and in next clause after éyw, BovAouat. 750. ‘Why revolve I this?’ 752. ravde youvétwev—This gen. of appeal (which Pors. governs by zpds understood) may be put under the head of causal NOTES. \| 95 gen. Goodwin, § 173, Other Ionic forms found in tragedy are povvos, otvopma, dap? Soupl, feivos, ipds. Inferior MSS. add many more. 955. 0éoPar—‘to get thy life made free’. Pflugk can hardly be right in taking this as advice to H. to commit suicide. 756—8. Omitted in best MSS. tywp—‘if I take ven- geance’, conditional use of the a ag ne 758. Kal §4—‘ well then’, ‘even so’= =fac ita esse. tly’ els éw,—‘ to give what help?’ 759. ovSév—a kind of accus. of reference in connection with érdpxeow [or pacredw, ‘I ask for’, may be supplied. ] - 760. ‘For whom If let the tear-drop fall’. katacrdéfa— used differently in 241. [Notice the break in or:xouvlia, i.e. the arrangement of lines by which in rapid dialogue each speaker replies in the same number of lines as the questioner has used. Herm, conjectures that some remark of Agam. has fallen out between 759 and 760.] 761. ‘The sequel, however’. 762, ‘Him I once brought forth and bare in my womb’, — ‘Tit. ‘beneath my girdle’, similar example of mpabigrepar occurs E1..969, rds yap kTavw viv 7 pw’ @OpeWe KaTeKer ; 766. ‘Yes, but without profit, as it seems’, ‘ye qualifies érekov supplied from 765. 767. ‘Where was he as it fell out?’ The idea is of coin- -cidence rather than of chance. wrédts, metri gratia, as in Epic. Cf. rédeuos, wroXeuos. 768. spp. 0avetv—pu7 Pavey would be more usual. ete TLohvpyjorwp—attracted into rel. clause; so Hipp. 101, \| rye 9 jwodaiot cais epéorynxey Kimpis. This is ‘called inverse attraction and is found also in Lat. e.g. Verg. Aen. 1. 578, urbem quam statuo vestra est. 972. ~évrav0’=both illic and illuc. ‘In charge of most eruel gold’. This may be a transferred epithet as mixp. should here properly belong to Polymestor. Cf. Verg. Aen. 1. 355, ’ erudeles aras. 774. tlvos y’—‘why, at whose hand else?’ Elmsley would change ‘ye into 6¢ on the ground that ye cannot occur in a question, and Pors. reads rivos mpds &d)ov; _ 715. % wov—T suppose he lusted to get gold’. 96 - HECUBA. 776. -rovatr’—‘even so’. Aristoph. has radra in same sense. , 780. @xero-—virtually plupf. ‘She was gone to fetch’, 782. @adacodmdrayxrév ye—‘yes, to be tossed on the sea, as thou beholdest’. The adj. is used proleptically, i.e. it anti- cipates the result of the action of the verb. 783. oxetAla—[a/oxe which also appears in parts of Zw]. There is a double notion of wretch and wretchedness in the word. For gen. see 661 n. 784. ‘Iam undone and nought of evil remains untried’. 785, 6. Svervxijs...crdxyv—for a kindred play on words ef. Milton, Paradise Lost, Bk, 2, ‘surer to prosper than prosperity’, and Trabea, quoted by Cic. Tusc. disp. 4. 31, fortunam ipsam anteibo fortunis meis. Ter. Adelph. 761, ipsu si cupiat salus \| servare prorsus non potest hanc familiam. _ [786—845. H. appeals to Agam. ‘Hear and help me: this man was my most familiar guest-friend (févos) and has violated all rights of hospitality. I indeed am myself weak, but the gods are strong and the principle or law on which they act. This now devolves on you to carry out. O, have pity! contrast my former state with my present forlornness. What, will you go from me? Oh! why are we not taught persuasion’s art as everything beside? I have no hope: my children are gone, my city burned. Then, too, I would urge the argument of love: this dead boy is your relation, since you have wedded Kasandra. O for a yoice in every part of me to plead my cause: help, help me, ’tis a noble man’s part’. } 786. gorw—‘exists’. Observe position of the accent. A€yous—‘ unless thou shouldst mention’. Ayers of some MSS, puts the idea rather more definitely. 787. _otvex’—‘on account of’. éexa usually follows its case: MSS. vary between ovvexa and elvexa: most modern edi- tors prefer the former. 788. 8o1a denotes the divine spirit of equity which over- rides 76 dixatov. 789. otépy. dv—‘I will be content’, 790. dvSpés—used much as French Monsieur le, &e. So Ajax uses it of his bitterest foe Hektor, where (says Jebb) the word gives a certain tone of distance and aversion to the men- tion of a well-known but hated name, NOTES. 97 793 sqq. ‘Though he had oft shared my board with me and in count of hospitality was in the first rank of my friends —yet, though he had got all that was proper and had received all consideration’, &c. Vv. 794, 5 are perhaps spurious: there is a great deal of unnecessary repetition in them and they are open to two objections, (1) ruxeiv governs an acc. unless rpwra be taken adverbially. Musgrave suggested &éva 7’, dona hos- pitalia. (2) Some participle seems required. Hence Porson well conjectured mpwros wy. 795. mpopnPlay—some see here a reference to 1137, ‘having taken full forethought,’ but the true sense seems to be that which is given above, as more in harmony with the rest of what H. says for, ‘when he had got all that was needful (for Polydorus) and had taken him in charge’—a doubtful sense of mpoundiav]. Variants are mpou.cdiav (Musgrave), mpoduular (Herm. ). 796, 7. P.’s crime was aggravated by his treatment of the corpse: for an unburied shade wandered about on the banks of the Styx and could get no rest for 100 years, Verg. den, 6. 824. 798. peév oty—‘then’, ‘to sum up’. tows—idiomatically . used as in English, though no doubt is expressed. 799 sq. Every interpretation of this passage is attended with difficulties, so that little more can be done than to give a list of the more reasonable explanations, The passage hinges on the meaning of the ambiguous word véuos, which may be ‘principle’, ‘law’, ‘custom’; its meaning being to some extent _ determined by Pindar’s saying véuos 6 ravrwv Bacidets. (i.) ‘But the gods are strong and so is law which con- trols them, a law by which we deem the gods to be, whereby we live with our views of right and wrong defined: and should this law, when it-has been referred to thee, be set at nought’, &e. The vdéuos in this case will be some high principle supe- rior even to the gods themselves, not unlike ’Avayxn of which Kur. Alk, 978 says, kal yap Zevs bri vevoy \| cvv co. Todro Te- AeuTG. (ii.) vépos=‘law’, in its more usual sense, Eur, then says that law is superior to the gods because the state could dictate. who should and who: should not be worshipped. So- crates was condemned, we know, because he was accused of disallowing the state-gods. (iii.) If we substitute ‘convention’ 98 HECUBA. for ‘law’ we have the sophistic theory which Eur. is generally supposed to have held. This is Paley’s view. (iv.) A schol, takes a somewhat different view. ‘The gods are strong and their law which rules men: for we think that by law the gods (rule)’. Then Hec. implies that Agam, — as administrator of justice is for the time being in the place of the gods. 801. Gpicpévor. This may be passive or middle, see 114 n. fopev—little more than écud, 804, ipd...dépey—‘ violate’, metaph. from carrying off plunder. Sacrilege is out of place in connexion with P.’s crime, except in so far as fevia violated would be a sin, or religious offence, so that perhaps a reference is intended to some contemporary event. [ipds, connected with Sanskrit ishira, means ‘sound’, ‘fresh’, ‘strong’, as we see in relation to Ruap, duBpos, kdua, waves. The meaning ‘sacred’ arises from the fact that nothing blemished or unsound could be offered to the gods.] 806. év aicxpw 6é..—‘ regarding these things as disgrace- ful’, so év xa\@ ridec@a: is used. 807. «s ypad.—‘ as a painter stand off and look upon me \| and scan the miseries which I endure’. A painter would get 3° better idea of a picture as a whole by standing away from it, 810. otca—substituted by way of variety for jy. 812. ‘ Whither stealthily (v7é) withdrawest thou thy foot from me?’ Agam. makes a movement to go. The phrase = gevyw and so governs an acc. Porson’s Tendering quo me cogis te sequi is forced, and Musgrave’s mo? mwereidyers has no au- thority. _ 813. ‘I seem likely to accomplish nought’. mpatev—the fut. (not pres.) inf. is usual after BovAoua, vmioxvéouae and other verbs in which the object of the expectation (yesh hope, — &c.) is something future. 817. é&é ré\os—‘to perfection’, a sense conveyed in its deri- vative réXevos. 818. tw fiv—(= ééjv) ‘in which case it were in our power’. This is Elmsley’s conjecture for iy’ 7 of some MSS. and is perhaps the original reading of the best MS. It is an in- stance of the peculiar usage with final conjunctions (iva, ws, érws) which are followed by past tense of indic, where the conse- NOTES. . 99 ' quence is in fact an impossible one. Cf. Hipp. 647, wv’ eTxov nde rpocpwvrety Twa. 820. aus—meaning herself, as we use ‘one’. See David Copperfield, chap. 24. “I observed that he always spoke of himself indefinitely as ‘a man’ and seldom or never in the first person singular...‘@ man might get on very well here’, &c.” Arica, Attic writers usually adopted the Aeolic forms cecas, cece in 2nd and 3rd sing.; but we find dpraNto at, AéEae (Aesch, h adyivas (Soph.), xrica (Eur. ), dxovoas, pyoas (iste), 821. oi pév yap dvtes—‘for my former sins.’ So the best MSS, for which Weil proposes zo7’ évres and many editors rocotroc after later MSS.; which perhaps suggests as the true reading of yév rér’. 822. ‘And I myself with shame perish a captive of the spear’. éml implies the conditions: slavery involves menial and degrading services. 823, réovde—‘ yonder’. 824. Kal pay introduces a fresh plea—‘And look you— although this perchance is a vain part of my appeal—the plea of love, to wit’. 825. elovjrero— yet it shall be spoken’. The fut. perf. has often no perf. signification, especially in defective verbs. 827. ‘K. the inspired, for so the Phrygians style her’. Kacdvipa—this emendation for Kacdvdpav proposed by Herm. is very good, for it is idle to say that the Phrygians called her Kasandra, unless indeed she had both a Trojan and Greek name, as Alexander and Paris, Pyrrhus and Neoptolemus. 828. ‘In what way, sire, I ask (6f7a), wilt thou acknow- ledge thy nights of joy, or shall my daughter have any benefit of her sweetest wifely caresses, or I of her?’ xdpw merely = evvOLaY, and the sense is that, marriage being a close con- nexion, H. would expect to get some benefit from the re- lationship. 831, 2. Spurious. mdavu says Pors. is rare in tragedy, and Pflugk shows that ray vuxr. r. d. must be taken together, and then no sense results, [Nauck reads vuxrepyciwv.] 835. ‘One thing yet my speech doth lack’. 836. et pov yev.—‘ would that I had’, an elliptical form like ef ydp, ei0e, to express a wish, So si in Lat. 100 HECUBA. 837. Kdparor—Muser. objects that mourners shaved their heads, and that so the word is inappropriate: but the remark applies rather to hired mourners than to the queenly Hecuba. He suggested xéparor, ‘pupils of the eyes’, and even xyjuaiot, which is singularly inelegant. modeav Bdoe=7r0cl 6 dy Balvw. 838. AaSardou—the recognised master of clever en- gineering and mechanical appliance, and of architecture and statuary. His sculptures seemed to move and speak: thus Eur. fragm. Eurysth. rd Aadddeva rdvra xwetr Oar doxet \| aes T dydd\ual’* 5 avhp Ketvos codés. 839. as txovro—‘ that weeping in concert they might cling to thy knees, urging all manner of pleadings’. é@xoaro, better than éxowro, of two good MSS., for where objects introduced by a neut. plur. are regarded as a united whole (and ouapra here combines them) a singular verb is used. 842. mapdoxes—almostall MSS rdpacxe, which is admissible in compounds, as karacxe, H. Fur, 1210, though the simple verb always has oxés. 843. ‘ Although she be nought’. 844, ‘’Tis the part of a good man’, possessive gen. Good- win, § 169. 846 sqq. The Chor. comments on the irony of fate which makes Hec. appeal for help to a notorious enemy against her former friend. ‘Wonder indeed how with men all things clash, and how their closest ties are determined by laws of circum- stance which make their deadliest foes their friends!’ vépor— we have a parallel in Bacch. 484 of véuor 5é Sudbopor. Musgrave’s alteration xpdvo, though it simplifies matters, is not necessary. avaykas, any tie of affection, or even=Lat. necessitudo. S.dp. is the gnomic aorist, [850—904. Agam. expresses his deep pity and says that - he would gladly help her but he is not a free agent: the army regard Polym. as a friend, and he cannot afford to come into ill odour with them. Hec. makes a reflection that no man is quite free; he is hampered by considerations of chance, or money, or multitude, or law. She asks Agam. at least to restrain any assistance from the Greeks, and she will do the rest. How? asks Agam. H. replies that she has many Trojan dames at hand to help, and cites the Lemnian affair and the murder by the Danaids as instances of women’s power. She NOTES... 101 then sends an attendant to summon Polymestor and his children, and Agam. expresses his good wishes for the result. ] 850. oéey=scov in Attic as well as Epic. Some gram- marians class this as a sixth case, meaning ‘from’, as olxodev, "AOnvnder. 851. ‘I regard with pity’. Similarly 6¢ olkrov AaPely, Suppl. 194. 80 aicxvvys éxw, I. T. 683. 854. davely y.—‘If in any way it should appear possible for thy plan to succeed, and for me to avoid appearing to the army to have planned this death against the king of Thrace for K.’s sake’. The opt. expresses A’s doubt as to the possibility of keeping the matter seeret. The re should stand strictly after dav. or else px) Sdéatue be changed to éué re orpar@ un Sota. [The best writers are often careless about particular words, thinking of the adjustment of the whole, ] 857. Yori j.—‘ there is one point’. gcrw often combines with a relative adverb to form a fresh adverb. éorvw iva, dre, ‘gometimes’, ‘often’. Soin Lat. est ubi=interdum. _ 859, ‘If yonder man is friend of mine, this is a private matter, and the army has no share therein’. ed 8 ésol—is Elmsley’s conjecture, and is preferable in sense to el dé co. 861. «mpds tavTa—‘ therefore’, The phrase is idiomatically used, not to express a reason but a fixed resolve. Soph. El. 820, pds Tatra Katvérw Tis =‘ now’, 863. ‘If I am to be evil-spoken of by the Achaeans’. ~ Dat. of agent with passive verb for vmo with gen. From é&a- Badrw comes d:dBoros, ‘ the accuser’. 864, dev—‘O fie!’ Expressing contempt rather than sorrow. éo-ris—vaguer than és, Lat. qui with subj. 866. wmdéAcos—a rarer form of moXcws, a remnant of the old gen. in -nos, which latter does not appear in tragedy till Eur. Attic generally disliked the combination -70, vads, ads, are genuine Attic forma. ) 867. ‘Stay him so that he uses a temper not accordant to his judgment’; or ‘keep him from using such temper as he would’, wy is redundant according to the Gk. idiom which mul. tiplies negatives; it is a little out of place on the second rendering. 868. amdAéov ven.—nimium tribuis, as in Suppl. 248, vépovres 7 POdvy mwréov wépos. Kur. was not the radical Aristoph. makes im. 102 \| HECUBA, 869. ‘I will rid thee of this fear’. 870. EdvicOi—from évvoida. H. urges him to be ACCESSOLy before the fact without taking any ostensible part in the re- venge. 871. cvvdpdorgs St px—‘ But take no active share therein’. ph avvdpa, wn ovvdparns are good, uy ovvdpgs (conj.), m7 ou. dpacov bad, though the latter form is very rarely found. 872. ‘But if there arise on the part of the Achaeans any riot or rescue, while the man of Thrace is suffering what suffer ‘he shall, stop it without appearing to do so for my sake’, Tor .— gen. abs., for émixoup. would require a dat. prj, not ov, because the phrase=yuy ddke. Xdpww—virtually a prep. ‘and éuiy xdpw=€uod xdpu. Other adverbial accus. are mpd- ‘pacw, Tédos, Tpdwor, inet dpx7v, wépas, and dixny. 876. otv—‘pray’, sarcastic. ddc-yavov—for opayavor, from cdatw, cf. Ppéyw=Tpédow., 880. ‘The tents conceal a number of Trojan dames.’ The perf.=a present like ofda, dédocxa, wepdoBnuat, wépvuxa, €ornka, OAwAa, KEKTNUWaL, KExAnUaL, Méuynuat, wéxo.Oa. [Some “MSS. read xexevOovot. a Dorie form, cf. dedoixw, Kexd7yw, Te- PvKL. \| 882. dovéd—In Lat. & is short, as Orphed, and twice in Kur., in all other places long. It may perhaps in some places be read as one syllable, dove. 883. Kal mas—‘pray, how?’ Cf. 515 n. 885. péudhopat—‘I have a poor opinion of’. So udu éxew, hen P. V. 445, 886. Aiytwrr.—The Danaides murdered their husbands, fifty in number, sons of Aegyptus, on their wedding-night, the only one who was spared being Lynkeus, whom his wife »Hypermnestra saved. ’ 887. ‘Utterly depopulated Lemnos of males’. The more usual constr. is found in 948. dpSnv—contracted from dépiny, properly means ‘lifted up on high’. [ When the Argonauts landed at Lemnos they found that the women had slain their own ‘husbands, except perhaps the king Thoas (Hdt.%6, 138).] 888. ds yeviobw—‘so be it’, ws=olrTws. yevécOw, better than yevéoda of most MSS. 889. ‘Send me this lady’. jo.—dat. ethic. NOTES, 103 890. mrabetoa—(not mracbe?ca) from mddOw, collat.. form of re\dw; this participle is chiefly confined to choral parts. 892. ‘On thy business no less than hers’. xpéos is like xap in 874. So Lat. tuam vicem. 895. tapbov=Ttagyv. Cf. 672. 896. 71éd’ d8eAd.—‘ That these two, brother and sister, side by side on one pyre, twofold grief to their mother, may be buried in the earth.’ 898. ‘(And it may be so) for if the army had been able to sail I could not have granted thee this favour: but, as it is, for the god sends not favouring breezes, remain we must, watching quietly for a chance of sailing’. 900. nor.—t doubtful, as in Nav, iduat, larpds. SpevTas may refer back to orparéy, a noun of multitude. aovxoyv, advb., for mous Hovxos is a very unusual phrase, [dpavra mu. " Herm.’s conj. is a decided improvement, and one MS. has -avra. Dindorf adopts Hartung’s novyous]. 905—952. Third Stasimon. ‘ Thou, O my native Ilium, no more shalt count thyself as one of cities unsacked: such a cloud of Hellenes shrouds thee round and hath sacked thee with the spear, even the spear. Of thy coronal of towers art thou shorn, and with most piteous stain of smoky flame art all defiled; forlorn one, never more shall I tread (thy streets). At midnight my destruction began, when after banqueting sweet sleep is spread upon the eyes, and my lord had made meé cease from song and choral sacrifice, and lay upon his bed, his spear on its peg, watching no more for the thronging sailors entering Ilian Troy. I was arranging my hair in the snood that bound it up, gazing into the mirror’s vista’d light, to sink upon my cushioned bed: then through the city came a ringing shout, and down Troy’s streets the cry was this, ‘‘ Sons of the Hellenes, when, oh when will ye have sacked the Tian citadel and reached your homes?” ‘Then left I my loved bed in a single robe like some Dorian maid, but—unhappy—I gained nought by my session at awful Artemis’ shrine. But I saw my bedfellow dead, and am borne away o’er the deep salt sea, and looking back upon my city, as the ship started on her return and sundered me from the land of Ilium, in my misery I fainted from grief, deyoting to curses Helen sister of the Dioscori, and the shepherd of Ida, Paris the dread, since his marriage—no marriage that, but some woe E. H. 8 104 HECUBA. \| ; of the avenger—drove me in ruin from my fatherland and — exiled me from home. Her may the salt sea ne’er carry back,. never may she reach her ancestral home!’ 906. tav drop§.—sc. modéwy, partitive gen. Goodwin, § 169, The constr. is imitated by Hor. Odes 3. 13, fies nobilium — tu quoque fontium. i _éEa—Cf. our use of the word ‘tell’. This fut. may very. possibly be passive; for about 100 Greek verbs, most of them with pure stems, have a passive sense in their fut. middle, e.g. Alk, 322, dN’ adrix év rots ovKér odor NéLomat. 907. véhos—used of any great number. So Livy 42. 10 nubes telorum, and Verg. Aen. 12. 254; facta nube, cf. Heb. xii. 1 ‘cloud of witnesses’. 910, doxéx.—perf. pass. of dmoxelpw, used here in a middle sense, which accounts for the ace. The phrase dzoxel- pecOa. kéuas is common enough. See also 114 n. For ored¢, mupy. cf. Soph. Ant. 124, credavwua ripywvr \|"“Hpatorov wev- kdev@’ édetv. 912. «ndtd’.—Pors. makes this dat. and reads oixrpordry, but it is doubtful if final « of dat. can be so elided. ‘The ace. is a kind of cognate acc. 915. jpos—Hom. word. é« Selarvev=ex cena, 55 n. 916. KlSvara.—or oxidvara. ~—Same root as scindo, quasi oKlydue. 918. Kataravocas—lIt is easy to supply éué, though it may be for xararavcapuevos, cf. 1108. Various readings so as to introduce an acc. are xoporo.v and xaporoaov Ovoray. 921. vavrav—adjectival in sense. 926. drepp. eis adyds—The allusion is to the vista which meets our gaze when we look into a mirror, The Schol. interprets ‘round’ like dzeipova yaiavy, making it a transferred epithet. Weil thinks that the mirror looks at one without ceasing. 927. émdésviov—This for éridéuvios, which would be very otiose, is due to Pors. [Musgrave conjectured émidelavios.] 931. °IX. oKomdy—i.e. Pergamus. Cf. Homer’s “I\os NVEMOET OU. NOLES. 105 933. The Dorian girls often wore only a single light gar- ment (xirdéviov), fastened with clasps down the side. See Mahaffy, Gk. Antiquities p. 46. 3 940, mé8a.--prob. not technically the ‘sheet’ [ pes in Catull. 4, 20, utrumque Iuppiter \| simul secundus incidisset in pedem] but of motion generally. Cf. 1020. 945. alvérapw—Cf. Hom. Il. 3. 39, dvorapis, and for the whole sentiment Aesch. dAgam. 689, édévaus, Edavdpos, é\émtods (of Helen), and Androm. 103, ’INw airewg Ildpis od yduov adda Tw’ arav \| ayayer’. "951, dv—se. Helen. . , [952—1022. Enter Polymestor the cruel Thracian king: the hypocritically expresses sorrow for Hecuba’s accumulated miseries and excuses his delay in coming. Hecuba puts some searching questions to him about her boy and the treasures sent with him; and on pretence of showing him other treasures hid within the tent she induces him and his children to enter with her. ] 953. It seems quite natural that P. overdoing his part should address Priam as well as Hecuba. Nauck and others however condemn the vVei'se. 956. ovK« ovdtv—a stronger form of oddéy, whereas ovdéy ov would mean ‘everything’. Lat. nihil non. 957. at—with mpdéew xaxéds. 958. ‘And the gods stir them up backwards and forwards, introducing confusion, that through ignorance we may worship them’, avrd—i.e. prosperity and adversity. otpovo1.—as if they were the ingredients of a pudding. dyveclg—causal dative, Goodwin, § 188. The ignorance is of course ignorance _ of the future. 960. ‘But why need one lament over these things, ad- _vancing not ahead of his evils?’ The metaphor is from the pioneers of an army. 962. ‘If thou blame me at all for’. +i—cognate ace. Goodwin, § 159 note 1: the object of uéuge viz. pe is’ easily understood from the context. _ @. € amrovelas—causal gen. Goodwin, § 173.2. péudopas is followed by two constructions: (1) péudoual rwi te obicio aliquid alicui; (2) wu. ria twos (as here). Cf. ypddouar Piur- tov ddvou. . 8—2 106 : HECUBA. 963. oxés— restrain it’ (viz. 7d péuperbar): more usually érioxes: not ‘restrain thyself’ which would rather be middle, but yet is constantly used for ‘stop’. Tvyxave—although 7des is aorist. So 1134 dtdwor and nv. ‘As it happened I was away in the midland districts of Thrace when thou camest hither, and on my arrival this servant of thine meets me as I am already lifting my foot from the tents’. 168’ atpovru= ééidvri, 967. KdAtov—cf. dywv 369 note. 968. atoyxbvopar mpooPAérey—‘ I shrink from looking at’. al. mpocB\érwv would mean ‘I look upon with shame’, ef. 552 note. 971—-was suspected by Porson, who proposed either to place it after 972, or to read xav for év, ovx for xodxn. Other editors are more sweeping; Dindorf condemns 970—973, Hartung 973—975. TvyXavovea agrees not with aldds uw’ @xec but with aldoduat for which this is an equivalent: so Ion 927, vretéavrAGv—alpet pe (=alpoua). tva—‘ wherein’, 972. The object of mrpooBdérew is rovrov, to be supplied from 6rw. oe which is read generally is omitted in the best MS. opbais Kop. —‘ with unayerted eyes’, Iph, Awl. xaip’ od yap 6p0ois Gupaciy o” ér eloop®. Hor. Od. 1. 3, 18, rectis oculis (Bentley’s conj. for siccis). 973. ‘But regard it not as enmity to at . She really feared to betray her purpose by the hate gleaming from her eyes. avro—i.e. 7d uu me mpocBdérew oe. oé_ey—objective gen. after dUcvoay. Goodwin, § 167. 3. BA Hyyoy—In prohibitions un de, wy AVonS are good, by AUS, KH AUoov bad Greek. . Goodwin, § 254, See 871 n. 974. ‘And moreover custom also is to some extent the cause that women look not straight at men’. atrvov regularly takes acc. and inf. 976. Kal...ye. ‘Ay, and no wonder’. The phrase is common in tragedy. tis xpela o &u00; ‘What need hast thou of me ?” se. &xet. Cf, Homer J/, 11. 606, ri 5¢ ce xpew eveto; 977. ‘Wherefore didst thou send for me from the house ?’ vl xpipa—Goodwin, § 160, 2, cf. xdpw 892 n. éméurpo =ere- NOTES. 107 wéuyw. The middle often has a causal sense: wvAdiito, ‘T write’, ypdpoua, ‘I get written’, 978. 8y—emphasises éuavr7ys, giving the reason why soli- tude was desirable. \| 979. déwrdovas—his escort, not before mentioned. Euripides has not explained how the same king was on good terms with both Greeks and Trojans. Probably he had in mind the shifting policy of the Thracian kings of his own day. 983. oe xpyv—so the best MS. The others cé xp7. 986. eiwt ratda ci £.—‘ Tell me if my son yet lives’. Greek emphasises the subject of a dependent clause by making it the object of the principal verb; cf. Hur. Andr. 645, ri dir av elwots Tovs yépovTas ws copol. é€—i.e. having received him from. 988. rad. oe épricopar. Greeks could say either époual ge or époual 71, and here the two constructions are combined : ef. Pind. Ol, 6. 81, dravras év otxw elpero maida, ‘(The king) asked all in the house about the child’. 989. pdAvora— certainly (he lives)’. 7d xelvov pépos—‘with regard to him’. Rhes. 405, rd odv épos. pey—virtually =‘at any rate’. ‘ Whatever thy other woes, in him’ &ce. 990. Notice here and elsewhere in the play the ‘ tragio Irony’ which consists in the speaker’s words meaning much more to the audience than to the person to whom they are addressed. 991. ‘What pray in the next place wouldst thou learn of me?’ Polym. repeats Hecuba’s own word devrepor, 992. Verg. Aen, 3, 341, ecqua tamen puero est amissae cura parentis. 993. ‘Yes, and sought to come hither to thee by stealth’. Kpvgvos—adj. for adv. Cf. Gray’s Elegy, ‘How jocund did they drive their team afield!’ #s—only in Attic and nearly always ‘to’ persons. 994. dv txov—‘in possession of which’, With verbs of coming and the like, the participles éywv, dépwr, dywr, often mean little more than cum, ‘ together with ’. 995. ‘Safe, at all events (ye) guarded, &.’ 108 HECUBA. 996. ‘Nor lust after what is thy neighbour’s’. td mAy¥- oLov=Td Twy wAyjotov is a most rare construction. mdjorov being an adverb needs the article before it can represent a substantive. épa governs the gen. of the thing aimed at. 997. tKora—‘ by no means’, minime; an instance of softening down. dvo.luny— May I but enjoy my present estate’. Alk. 335, Tiws Gyno edxouat \| Oeots yevéoOa. Polym. deprecates covet- ousness; ovivapat, dmo\avw, and other verbs of enjoying, take a gen. which i is perhaps partitive. 998, 9. d&d—rovTo—coming together have offended some critics, it would seem without cause. Brunck reads rtaira, Porson 6. 1000. tr’ & b.—‘ There is, oh thou that art beloved as thou art now beloved by me’. P. What is it that I and my children must know? H. Ancient vaults of gold belonging to the house of Priam’. Polymestor in his greedy haste interrupts her, and this accounts for the sing. éor: followed by the plural xarwpvxes. This Schema Pindaricum, i.e. sin- gular verb with plural noun is rare in Attic, cf. Shakespeare, ‘His steeds to water at those springs \| on chaliced flowers that lies. d. >. & o. v. & b.=6 exdore. [The usual reading is iste pur. ‘let it (viz. 6 Nédyos) be beloved as thou art now beloved by me’, But the objections to this are strong.] 1003. wba: nbohtty refers to what precedes. 1004. ‘Certainly, through thee; for thou art a pious man’, with especial and bitter reference to his impious treat- ment of her son. 1008. Yva—‘ where are’ sc. eigiy, 1010. ‘yqs tmepré\Acvea—‘ rising above the earth’. Cf. Or. 6, kopupys dreprédovTa dermalywy mérpov. 1011. @éu—‘any more’, like French encore, a virtually _ comparative particle, tay éxket—‘ concerning matters there’ =epl Tay éxel, 1013, ‘Where, pray? or hast thou hidden it within thy robes?’ seems better than 7. Kptipao? éxas—Lat. occultwm habes, stronger than xéxpv¢as. : 1014. oxtA\a—spoils, stripped from a fallen enemy (cxvddAw, I strip), but the word is used in a wider signification here, NOTES. — 00 1015. ‘But where? For here are the enclosures where harbours the Achaeans’ fleet’. It would of course be hard for Trojan slaves to hide any large amount of gold. Hecuba explains that the tents of the women are private. 1016. ‘Are things within quite safe, and is there an ab- sence of males ?’ 1018. pets povar, The fem. is no violation of Dawes’ canon (cf. 237 n.), for she alludes not to herself alone but to all the Trojan women. 1019. Kal yap— for in truth’. 1020. Avoa w6da—cf. 940, note. 1021, 2. ‘That thou mayest go back with thy children to where thou didst lodge my son’. This is the climax of Hecuba’s irony. She means to Hades; Polymestor, not aware that she knew of his treachery, thinks that she means safe away to Thrace. [1023—1055. Polymestor follows Hecuba into the tents, “and the Chorus sing a short ode to prepare the minds of the audience for the cries of Polymestor, who rushes in, his eyes blinded and children slain before his eyes. ] 1023. Addressed to Polymestor. tows-—‘ equally’, i.e. ‘none the less’. Thy punishment is as certain as if already inflicted. \| 1025 sqq. ‘Like a man that has reeled and fallen into some harbourless sea, haying forfeited thy being thou shalt lose thy dear life. For where liability to Justice and to the gods coincide, deadly, ay deadly is the calamity’ with which the offender expiates his crime, [lt is impossible that ‘to. fall _ from one’s dear life’ is good Greek for ‘to die’, and xapdia is rather the seat of feeling than of life, The verses are in all probability corrupt.] dvtkos—not ‘a hold’ but ‘ bilge-water’; _ here and in Pindar of the sea; the Racy meaning of the word seems to be that of stagnant water. éxpros—otherwise ex- plained. ‘by a lurch of the vessel ’ Pflug ofras—an epic epithet, like Homer’s gidov jrop. See the other reading, is not Attic. 1027. duépoas—possibly means ‘having deprived Poly- mestor of life’; here only is the word used in tragedy. ov—the correction of Hemsterhuys for the MS, reading ov. 110 HECUBA., 1032. 680d—gen. after Wedser, involving separation, Good- win, § 174. - 1033. Oavaow.ov— to thy death’ proleptic with ¢é. 1034. darodkguw xepl—cf. Judg. 9. 54 (Abimelech to his armourbearer), ‘Draw thy sword, and slay me, that men say not of me, A woman slew him’. The dative is causal, Goodwin, § 188. 1035. Polymestor is heard screaming behind the scenes. 1037. ‘ Yet again alas for your unhappy butchery’. 1038, ‘Dears, terrible evils have been wrought within’. Katva— fresh’, and so ‘ strange’, ‘ terrible’. \| 1039. ‘Be sure ye shall not escape’. o¥ py with aorist conjunctive is an emphatic denial, with future indic, 2nd pers. sing. a strong prohibition, \| 1040. ‘For I will strike and burst open the inmost recesses of these tents!’ i.e. no seclusion will protect them from his fury. dvapp.—dva- as in ay-olyw, ava-rerdvvy. The doubled p represents the pronunciation. 1041. ‘Look! the blow of his heavy hand is sped forth’. The verse is more appropriate in the mouth of the Chorus. 1042, PBotdeorGe—The leader of the Chorus asks the other Trojan dames éraomécwpev—Goodwin, § 256. 1044. pmdtv—adverbial. é«Bdd\d\ov—‘pulling up’ from the ground. 1045, 6. ov,...od—The asyndeton is for effect. 1046. ods er. é.—Triumphantly addressed to the audi- ence, and in strong antithesis to ¢ovras. 1047, ‘What? didst thou overthrow the Thracian, and hast thou, mistress, the mastery over thy guest-friend?’ 7 yap— expressing mixed admiration and surprise,—‘ Can it be that?’ 1050. tvpdA@ wr. 1odi—‘with blind unsteady step’. A fa- vourite phrase of Euripides, found three times in Phoen. 834, 1539, 1616: cf. rupdAyv xépa ib. 1699, 7bda rupdédrovy ib. 1550. Milton, Samson Agonistes, ‘lend thy guiding hand \| to these dark steps’. 1054, ‘But I will depart and stand out of the way of the most formidable Thracian boiling over with rage’, éxmroddv— w. dat. cf, 52 note. / NOTES. 111 1055. {éovr.—Barnes’ correction for the péovr: of the MSS., which does not offer a very good sense. Dem. de Cor. p. 272, TOAA® péovTe kad’ vuds, is not strictly parallel. Cf. Soph. Oed. Col. 434, danvik’ fer Oupds. [Verbs with monosyllabic stem in e¢ contract only ee and ee, so féw, feis, fel, Selrov, Somer, felre, géover. Aéw, I bind, is the only exception and is contracted in most forms. Goodwin, § 98 note 1, p. 98,] @vpoa—dat. of re- ference, [1056—1106. Polymestor bursts on to the stage like a wild beast, groping and stumbling, his eyes streaming with blood. He dare not leave his children, yet longs to tear his enemies limb from limb, and calls upon Greeks and Thracians for aid. Whither shall he go? To Orion, or Seirius, or the dark ferry which leads to hell?] 1057. KéAc@—‘put in’, sc. rnv vaiv. Delib. conj. Goodwin, § 256. [The forms xé\\w and dxéddw are collateral: so dtpouac and édvpoua. Cf, 740 n.] 1058. ‘Setting myself on my hands with the movement of a fourfooted mountain beast’, He is moving on all fours. [Porson would read xal kar’ txvos or kal txvos in the sense of vestigium= ‘foot’, Hermann émi=émiribéuevos omitting the comma at xé\ow so as to govern Bdour.] 1060. éfaAAd—Ew—‘shall I take instead’ of my present course? So éfapeiBw. 1063. tdAatvoar—‘ cruel’. ° 1064. mot xal—d515 n. ot pvyov—Adverbs of time and place denoting a point in and of the whole govern a partitive gen. mol ys; myvika THis nuépas; ‘at what time of day?’ Lat. ubi gentium? Cf. 961 n. Goodwin, § 168. vya mrdaccovet = gevyovot and so takes an ace. _ 1066. Polymestor invokes the sun, as king of light, to give him light and heal his eyes. ei@e dxéoato—(from dxecal- pnv) ‘O that thou wouldst heal’. tuddAdv déyyos= blindness. [Reiske conjectured végos for ¢éyyos. Weil reads éradddtas= - thaving substituted’.] 1069. ‘I perceive the stealthy step of women near’. The Greeks did not accurately distinguish between the various senses, so xrimov dédopxa: alcPavoua is usually ‘I perceive with my eyes’. 1290 n. ; 1070. émdtas wé8a—‘ having rushed’. érdccw is transi- tive; a force given to it by the preposition. Aj. 40, xat wpds ri - 112 HECUBA. ducoyoTov wo’ Héev xépa; ‘And wherefore darted he thus his senseless hand?’ 1071. ‘CanIbe glutied with their flesh and bones, making myself a banquet on the brutes, winning for myself their de- struction as a compensation for my maltreatment?’ dytlrowa in apposition with \wfav: cf. Or. 8, opdyiov @Oero warépa ma- Tpgwv waléwy auorBar. 1076. Bdrxxars “At.—‘hell hounds’, Polymestor dare not go far from the tents lest his children’s bodies may be muti- lated. Staporpacar.—Cf. 1107 pépew. Alk. 230, wréov 7 wedacoa.- 1077. ‘Butchered, food for dogs and outcast on the cruel mountain side’. 1079. Kdpapo—‘tack’, [Formerly translated ‘bend my knee’, i.e. rest, but it seems better to make the metaphor of a ship begin from this word. ] \| 1080. ‘Gathering up my linen robe like some ship with sea-going rigging, having as my children’s guard rushed upon this deadly lair’. &mws—of comparison, 398 n. melopata— usually the hawsers which bound the ship to the shore, here ~ the rigging. Kolrav—wild beasts’ lair, not the couch on which the dead children lay, 1085. ‘How intolerable the evils which have been wreaked upon thee’. elpyacrat.is usually active after the time of Sophokles: but here as 1087 is spurious it must be active: cf. 264 n. 1086. rdmiripra—se. gor. SpdcavTi—The Greek theory of retribution was that it was as certain to follow guilt as the night to follow day, dpacavri qadety as the proverb put it. Cf. Eur. fragm. 7 dixn...ctya Kal Bpadet trodi \| oreixovoa pappe rods xaxods bray rixy. ' Hor. Od. 3. 2. 31, raro antecedentem scelestum \| deseruit pede poena claudo. 1087. Inserted from 722. 1090. ‘O race rejoicing in steeds and inspired by Ares’, i.e. warlike. 1094. 4 and yu in iambics form a crasis with ov, cf. 1249 n. 4100. ‘Shall I fly up to the lofty halls of heaven where Orion or Seirius darts from his eyes flaming rays of fire, or NOTES. 113 shall I in my misery rush to Hades’ black ferry?’ ’Optwy—in Greek the « is doubtful, in Latin always long. . Orion was the Nimrod of Greek mythology, a mighty hunter, and after death became a constellation which rose soon after the summer solstice. aurrdpevos=cvarrauevos from avirroua a collateral form of avarérouat. Goodwin, p. 243 s.v. réroua. Cf. auBjoec 1263. Zelpros—properly ‘scorching’ se, dgrjp. Otherwise known as the dog-star, ef. Verg. Aen, 10. 274, Sirius ardor, \| ille sitim morbosque ferens mortalibus aegris \| nascitur, et laevo contristat ~ lumine caelum. addiyor belongs in sense both to ’Opiwy and Zetpos, in grammar only to the latter. AtSa mop0uds—the Styx. 1107. €vyyvwora—‘it is pardonable’, pl. for sing.; so advvard éotw, ‘it is impossible’, yaderd éorw. Verg. Aen. 1. 667, frater ut Aeneas—iactetur—nota tibi—‘it is known to thee how &c.’ [The Chorus advise suicide.] Kpelooov’ i pépev—‘too heavy to bear’ cf. Soph. O. T. 1293, 7d yap vbonua petrov 7 pépew. é€arradkAdEar—act. for mid. 918 n. {ys has been substituted by modern edd. for MS. ¢wis which does not scan. [1109—1131. Agamemnon attracted by the uproar joins them, and asks Polymestor who has done the deed. Poly- mestor longs to clutch Hecuba and tear her limb from limb. Agam. advises less savage measures, saying that he will judge the matter. ] 1109. ‘For in no quiet tones hath Echo, child of the mountain rock, cried aloud through the host’. This beautiful metaphor illustrates the way in which many a Greek myth arose, Cf. Aesch. Ag. 477, xaais \| rndod Edvoupos Siypia Koves. — 1112. yopev—‘ had we not known’. This reading is de- rived from the Etymologicon Magnum (about a.p. 1000); the MSS. reading icuev is cléarly wrong. The best Attic forms are 707, 75no0a, Hoe, RoTov, HoTHY, FoMEV, TOTE, Tjoav. 1113. mapécyxev—‘ would have occasioned’. ay is not ne- cessary, cf. the Lat. sustulerat =sustulisset, Hor. Od. 2, 17, 28. {Many editors read apécy’ av, but as Elmsley remarks Eur. would have written this rapécxev av.] 1114, yop—(I appeal to thee) ‘for’. 1116. %a—out of the verse, as ped 956. a Sie ee iid -HBOUBA. 1119. vol—dat. incommodi. Sotis iy dpa—‘ Whoever he was’, 511 n. 1120. ‘Nay destroyed me not but worse’: i.e. od pdvov aarwrece. For a similar correction cf. 948, yduos, ob yduos d\Aad KT.’ Liv. 39. 28, nec cum Maronitis, inquit, mihi aut cum Eumene disceptatio est, sed etiam vobiscum Romani. peloves-— Many of these forms are found in Attic writers: Thucydides uses évdcecrépws, dopadeorépws, yaherwrépws, warakwrépws, vmro- deeotépws: Sophokles, wecdyws: Huripides, evAaBeorépws. 1122. +l dys;—‘ What say’st thou?’ a formula of surprise. Note the « subscript. ov...cv—Emphatically repeated. A. cannot believe his ears. elpyaoat—mid, not pass. cf. 1085 n. 1125. elit wrov éotlv—‘tell me where he is’, drov is more usual. - 1127. etros—‘ho there’, heus tu. The expression could only be used by a superior to his inferior, the barbarian Poly- mestor being as inferior to Agamemnon as an Indian rajah to the Viceroy of India. al maoxes;—‘ what ails thee?” 1128. ‘Let me go that I may lay on her my raging hand’: Agamemnon had caught hold of him. édetvar=wore édeivat. papydw—desideratives from substantives and adjectives are formed in -dw and -i4w; so Oavaraw, ‘I long to die’, from Oavaros ‘death’: dovdw, ‘I thirst for blood’. 1129. Td BipBapov—‘thy savagery’, viz. ‘the non-Hellenic idea that he might take summary vengeance, Euripides throughout draws a contrast between Savagery as represented by Polym. and Hecuba, and Law as typified in the Greeks, He goes so far however as to make Agamemnon almost an Athe- nian dikast. [1132—1182. Polymestor shortly excuses his crime: if he had not slain the boy there would have been a uucleus for the Trojans and a second Trojan war with desolation for Thrace would have taken place. He then gives a detailed account of the way in which his children had been butchered and his own eyes put out.] 1132. éyoup? é&v—‘ I will gladly speak’, modified future. NOTES. 115 1134, 8&8wo1—historic present. tpépeav=iva rpépormt. Goodwin, § 265. 1135. tUwowros—‘ suspicious’. Verbals in -ros are usually passive; but we find in an active sense miorés, ‘relying’; weur- ros, ‘blaming’; ayevoros, ‘not tasting’; dwaveros, ‘not touch- ing’; and others. 1137. mpopnPia—see 795 n. 1139. dOpoloy, Evvorxloy—-are irregular after the historic é5ecca, but not so much so as to necessitate the optative being substituted. Cf. 27 n, / 1140. ‘That one of the house of Priam was alive’. {évra, predicate, i 1141. ata—for yaza to suit the metre, only found in Ho- mer and tragedians, 1142. trera—‘in the next place’. trdSe—‘ yon’, pointing at them. 1143. Cf, Thue. 1. 11. (The Greeks at Troy) ‘on their arrival conquered the Trojans in battle,—this is clear, for else they would not have been able to build the rampart for their camp,—and evidently not even here did they employ all their forces, but turned their attention to farming the Chersonese and to freebooting’. 1143, yelroves Tpwyv, ‘neighbours of the Trojans’. [This is better than translating Tpwwy Troianorum causa.] ‘And that evil might befall us from which we were lately suffering’, . 1146. #s—with the future participle gives the avowed reason, 511 n.; ‘pretending to be about to tell me’. 1148. pdévov—not inconsistent with ov réxvas, but apart from the rest of the camp and therefore where no aid could reach him. Med, 513, tvv réxvots povn povois. 1149. eide(y—optative after historic present, 1150. Kdprpas yovu— Le. resting. 1151. yepds @& dptorepas—‘on my left hand’. [yefpes of all the MSS. is an evident mistake; the correction is due to Milton. ] 1152. os 8y—‘as if forsooth’. 6, dfra often, 670ev always is sarcastic. 116 HECUBA. . 1153. [Oéxovs txoveai—This is Hermann’s emendation for “@akovv and is preferable on two grounds, (1) The aug- ment is not as a rule omitted in Attic Greek, nor can the e be prodelided after the diphthong of xépa:r. (2) The sense is con- siderably improved.] Kepx(Sa, cause for effect, lit. the shuttle, _ here the garment spun. "H8evijs xepds—‘ of Edonian make’. The Edonians were a Thracian people, and Edonian means little more than Thracian. tm’ avyds—‘bringing them under the rays of the light’, hence the acc. Goodwin, p. 181. 1155. Kdpaxa—‘ spear’, part for the whole, properly only the shaft. Opyxtay—gives the reason why the women wished to see it, 1156. ‘yupvov p’ e@nxav— they stripped me of’, yuurbs, with other words signifying separation [e.g. xevds, épnuos, ] govern the gen, Goodwin, § 174. 7 , _- Surt’xov-crodloparos—‘ my twofold equipment’, i.e. pro- bably, as Weil with one Scholiast suggests, the two spears which heroes carried [not the spear and cloak, for rovcde 7é- mous seems to show that he still had his garments, nor would these be much protection. ] 1158. ‘Kept dandling them in their hands, that they . might be far from their father exchanging them with successions. of hands’, i.e. passing them from hand to hand. [xepév is doubtful, the two best MSS. having da xepds (which 1s unme- trical) written over an erasure. xepév is very awkward after xepoty in 1158.} 1159. yévowro has more MS. authority than yévoiro, Neuters plural usually take a singular verb, but exceptions occur. See 839n, ‘The verse is deficient in caesura. 1160. xKdéra=«xal eira. In a crasis anc is subscript only when the second word contains anc: thus xas for cal és. é«— ‘following’. més Soxets;—‘ Can you believe it?’ often inserted thus parenthetically. Hipp. 446, rotrov A\aBotca, ms doxets, KadvBpicev. . 1161. AaBotoat—supply ai uev to correspond with ai 6é, 62. ~- 1162. ‘While others like enemies clutched and held my hands and limbs’. [‘Like enemies’ is, it must be confessed, very feeble, wodeplwv being a word of wide but not intense meaning, and is much weaker than e.g. éx@pds, cf, Xen. Anab, NOTES. \| 117 1, 8.12 6 & dvyp...xaderwraros 8 éxOpds @ dv todéusos J. A man may be at war with another because their countries are at war and yet hive no feeling of personal hate against him, The emendation of Mr A. W. Verrall rro\vréSev is worth con- sidering, being mucl: more graphic, and the change is slight, ‘Devil fish’ grow to great size and strength in the Mediterra- nean.] 1165. ‘Whenever I tried to lift up my face’, éaveralny —optative of repeated effort. Iph. Taur. 325, adv’ ef pvyou tes, drepot mpookeluevot \| EBaddov avrous. 1166. K«épns—‘by the hair’, partitive genitive. 1167. mdy%a—' by reason of the crowd’, or as our idiom is ‘for the crowd’, causal dative: 1168. mipa miparos miéov—‘ Woe greater than woe’, i.e, the intensity of the evil demands some stronger name. 1170. awépmras— buckle-pins’, the instrument with which Oedipus put out his eyes, Phoen. 62, xpvonddros mopracou aiudéas xopas, connected with zelpw, pierce. — 1172. éxrndtjcas—‘ having bounded forth’. Tmesis is not rare in tragedy, especially in the choruses, and in almost all cases a monosyllabic word stands between the com- ponent parts. Very rarely the preposition follows as at 504, "Ayapéuvovos méuwavros, w yivat, mera. 1173. K«tvas—The metaphor is of some great wild beast which turns the tables on the dogs, 1175. rowSe wérov0a—‘ thus have I suffered’. The cog- nate accusative is often represented by a neuter adj.-or pro- noun: the full phrase would be roidde (rabjuara) wérovGa. 1178. tev mplv—‘of the ancients’, elpyxey kaxas—‘ has spoken ill of’. ¢ (kaxds) Aéyw (elpyxa) takes an ace. like eb Spay rTiva. 1179. XAéywv éoriv—an idiomatic form of déyet, cf. Fv avé- xwv, 122. [Porson, after Stobaeus, amends # viv Néyec Tis F maw, Which is neat; but the change does not seem needed. ]} 1180. ovvrepoy—‘in brief’, ‘io be concise’ = curTouws _elruy. 1182. ‘He who at any time comes into contact with them \| knows this well’. dl—with the article and participle, loses its signification ‘always’ and is usually placed: between the two, 118 HECUBA, but Aesch. Prom. 973, Oamre Tov Kparovv7’ del. Cicero (in Verr, 5. 12. 29) borrows the idiom, omnes Siciliae semper praetores. érloratat—‘ knows well’, Plato opposes émisrjun, exact know- ledge, to ddéa. [Strangely enough no writer has more bitter sayings against women than Euripides and yet few have drawn finer characters than Polyxena, Iphigeneia and Alkestis: ‘the poet, who was openly reviled in his own day as the hater of women and traducer of their sex, has come down to us as their noblest and most prominent advocate in all Greek literature’. ] 1183, tots o. Kaxois—‘ by reason of thy woes’, causal dative. 1184. pépapy—subj. uy uéudy the reading of some MSS. is bad Greek. 1185, 6. Probably spurious. As the verses stand émipBovor must = ‘ unjustly hated’ which seems impossible. Hermann’s correction dvrdpiOuor for eis dprOudv through a gloss icap:Ouo is clever: Hartung substitutes mro\Awv for woddal: Porson reads moval yap ovdév ets’: Reiske ray cakav. But the verses appear _ to be past mending, being the insertion of a copyist who wished to qualify and expand 1183, 4, [1187—1237. Hecuba (to Agam.) ‘Let no specious pleading make the worse appear the better cause’; (turning fiercely to Polymestor) ‘I will expose thy subterfuges, thy greed slew my boy. Why didst thou not, while Troy yet stood, kill him or send him a prisoner to the Greek camp? Again, thou shouldest have given the gold to the Greeks when they needed it, but that thou still holdest. If thou hadst safely guarded my son thou wouldst have gained fair repute and have found in him a treasure to supply thy lack of money; now, thou hast lost all!’ (To Agam.) ‘Thou wilt be villain if thou chalt help him’.] 1189, &pace—se. 6 dvOpwros understood from dvOpwras. For the Sing. ef Androm. 421, olkrp& yap Ta Suocrvxy \| Bporots dmact Kav Ovpatos av Kupy. 1190. _caSpovs—‘ unsound’. 1191. rd8uxa —‘injustice’, subject of divacAa [or ‘to make a good defence of injustice’, 1178 n, In either case, the sophistic and rhetorical plan of making the worse appear the better reason is alluded o 1192. raSe—i.e. 7d ev Aéyew rddixa, akptBdw— learn ac- curately’, ‘reduce to a system’, with a disparaging sense of subtle refinement. NOTES. 119 -1193.. Sdvatvr’ dv—more idiomatic than the variant dévay- ra: they find out at last that they have not been so clever as they thought. . 1194. dmrdd\ovro—‘are wont to perish’. See 598 n. Good- win, § 205. 2. 1195. ‘And so stands thy relation to me by way of pre- lude, now I will turn to him and will answer him with my words,—thow who sayest that in removing a double toil from the Achaeans thou didst slay my son.’ 8trAotv révov—i.e. a second siege of Troy. adamakAdcowv—the present often gives the aim or effort of an action, and so Nauck’s aradAdéov is not needed. &s gys—for the abrupt change of person cf. Xen. Anab. 1. 3. 20, xdv per @ éxel, rhy Sixny pn xpptew émidetvat ait@, qv 5é devyn, nuets exe? mpds Tatra BovrAevodpmeda. "Axatov—ef, 1141 sq. 1198. &kari—a Doric form; others used in tragedy are -AOdva, Sapos, kuvaryos, rodaryés, Noxayéds, Eevdiryos, dradds. 1200. adv, dv—cf. notes on 359, 742. 1201. In bitter allusion to Polymestor’s words 1175, rode orevdwy K.T.A. 1202. «mérepa xndevowv—‘ didst thou mean to make a mar- riage alliance with one of them?’ i.e, with a Greek family. 1203. 4 tly’ airlav;—‘or what other reason?’ cf, 1264, 7 _ woly TpdTy ; 1206. BotdAovo—the optative suggests the improbability that Polymestor will speak the truth. 1207. Kal KépSy ta cao—‘ ay, and thy gains’, i.e. thy greed. 1208. érel S{8aEov—‘ or else tell me’; cf. Soph. Oed. Tyr. 390, éel dép’ elzré. 1211, 8&—‘I say’, resumptive, vi taking up the question of 1208. 3 1212. @Oér8ar xapiwv—‘to win thyself grace in his eyes’. The middle sense is to be noted. 1214, éopév— Now that we are no longer in prosperity’. So the two best MSS., the rest juev. év bda—a common me- taphor. 1215. ‘And the city showed by its smoke that it was ip. the enemy’s hand’, Cf. Aesch. Ag. 818, xkarvg & ddoica vu E. H. 9 120 HECUBA. ; ér’ etonuos rods. [The verse halts somewhat and no satis- factory correction has been made. Canter conjectured xamvés =‘cum hostium manu nihil nisi fumus vestigia urbis signifi- caret’. Weil for io reads dapév ‘subdued by the enemy’.] 1216. Karékras—from stem «ra-, a collateral form of kTelvw: extav, Extras, ExTd, Exrdpev. So €Bynv from Balvw, éxrny from wérouat, €POnv from Péavw, épav from didipdcxw, éduv from dvw, and others. Goodwin, § 125. 1217. avyjs—‘in order that thou mayest be seen’, aorist — passive. [gave?t, fut. mid. has less authority =‘how thou wilt be seen’. ] ; 1218. elwep ‘jo8a—the imperfect indicative implies that the excuse was false. Goodwin, § 220. 1. a. (2). 1219. rovSe—i.e. Polydorus, who has been alluded to 1216. 1223. troApas—‘canst not bear’, in animum inducis, cf. 832. : KapTepeits—‘ persistest’. 1224. Kal pyiv—‘and look you’, introducing a new phase of her argument, cf. 216 n. «déos [./xAeF, ‘reputation’, whe- ther good or bad, from Indo-Germanic ,/xru. Cf. Lat. gloria.] 1226. Cf. Ennius, quoted by Cicero, Lael. 17. 64, amicus certus in re incerta cernitur. Shakespeare, Haml. 111. 2. 217: ‘Who not needs shall never lack a friend, and who in want a hollow friend doth try, directly seasons him his enemy’. dyalol=ol dyaol, by crasis, so dvhp=6 dvip. 1227. ‘donec eris feliz multos numerabis amicos’. at6’ tkacra—‘in each case of itself’, Lat. wltro. 1228. 6 8t—Polydorus. et éomayvfes—‘if thou wast in want’. Goodwin, § 220. 1. a. 1230. éketvov &dv8pa—Agamemnon. 1231. matSés tré cor—sc. olxovrat. [Porson places the comma, not after co, but after ofyerac: when we must supply apdocovow woe.] 1232. #Se—with a scornful gesture. 1234. ols éxpqv—se. miordv elvat. NOTES. 121 1236. ‘We shall say that thou takest pleasure in the wicked and art thyself of like nature’. avdrov gains emphasis from its prominent position. 1237. Hecuba suddenly seems to remember that she is but a captive slave, and in a manner apologises for the vehe- mence of her words. [It is noteworthy that Hecuba’s speech 1187—1237 has exactly the same number of verses as the corresponding one of Polymestor, 1132—1182]. 1238. ded dev—‘ well, well’, usually but not always ‘ par- ticula dolentis ’, ; [1240—end. Agamemnon decides against Polymestor, who turns upon Hecuba and foretells her change into a cur (the origin of xuvds ofjua), the murder of Kasandra and of Aga- memnon himself. Agamemnon orders him away to banish- ment, Hecuba is to bury her dead, the Chorus of Trojan women to repair to their several masters, time for sailing is at hand. The Chorus end up the play with a short expression of enforced submission. ] 1240. dx@avd—the predicate in Greek is often put in the plural where we should have expected the singular; cf. 1107 n. 1242. dAaBdvra—not AaBuv, because in an accusative and infinitive clause after aloxvvyny pépet. -1243. &pajv xdpiv—‘ for my sake’, cf. 873 n. 1244, ot? ofy—‘nor indeed’, ojy resumptive. “Axavoy— 8C. XapLy. 1245. @ys—depending grammatically on doxe?s, not on aroxreivat, a8 it strictly should; the mood implies that she charged him with still wishing to keep the gold. ; 1247. pdSvov—‘ a light matter’. 1249. pr) dduxetv—to be pronounced pddixetv. byo—de- liberative conjunctive, Goodwin, § 256. 1251. tAne.—‘ put up with’. 1252. -yvvatkds tjooupeveos—‘ worsted by a woman’. The genitive may either be due to the comparative notion in the verb, or, as seems more likely, the genitive of the agent (fairly common in poetry, e.g. Soph. Aj. 807, gwrds Hra- THpevn), a variety of the genitive of the source. 1253. tots kaxloo.y—‘ to my inferiors’. 9—2 122 HECUBA. 1254. Most MSS. give this verse to Agamemnon, but most editors follow Hermann (who says ‘regem semel dixisse sententiam sat est’) in assigning it to Hecuba. 1256. Cf. Alk. 691, xalpers dpwr Pas warépa F od xalpew Soxe?s; tma1dds—‘ for my child’. 1259. GAN od Tadxa—seC. Xatpyoers. 1260. Gpovs—‘to the boundaries’; this accusative of the place whither, without a preposition, is poetical. Cf. Bacchae 5, mdpeut Alpxys vawat "lopnvod 0 vdwp. 1261. pév ody—‘nay but shall have hidden thee fallen from the mast head’; cf. immo, immo vero in the Latin drama- tists, used to correct a former statement. 1262. ‘At whose hand shall I meet with a forced leap’. TOU ;=Tivos ; 1264. dtmomrrépois voirovot—i.e. with wings upon my back. 1265. The accounts of the metamorphosis and death of Hecuba are, as might be expected, very various. Kynossema (kivos ofa) was a promontory in the Thracian Chersonese which was supposed to gain its name from her: Ov. M. 13. 568 sq. rictuque in verba parato \| latravit conata loqui. Locus extat et ex re \| nomen habet. Juv. 10. 271, torva canino \| latra- vit rictu. Ov. M, 13. 565 makes the Thracians stone her to death because of her murder of Polymestor, when she was changed into a dog. Cicero, Tusc. Disp. 3. 26, Hecubam autem putant propter animi acerbitatem quandam et rabiem fingi in — canem esse conversuam. Plaut. Menaechmi, 701—705. 1267. 6 Opnéi pavris—‘ the Thracians’ seer’, the dative differing little in sense from a genitive, cf. Phoen. 17, 6 O7- Bouow evirmas dvaé [Herodotus 7. 111, ‘the Satrae possess the oracle of Dionysus; this oracle is on the highest moun- tains ; the Béssi are those Satrae who give forth the oracles of the shrine, and it is a priestess who delivers them as at Delphi, and (this oracle) is no more intricate’.] 1268. expyoev—of the god, éxpjocaro would mean ‘ con- sulted the oracle’. 1269. ‘No, for if he had’ &c., sc. ef éxpycev. 1270. ‘Shall I die where I fall or survive and live my life out there?’ (ék- intensive). [Musgrave says of éxm\jow Blor, ‘hoc cum @avovca coniunctum ridiculi aliquid habet; cum taoa tautologici’. So he conjectures wéruov, Brunck pédpor, NOTES. 123 while Weil would change éxmAnow into éxorjow, i. e. weraBard Blov eis rdde.] 1272. # rt comes in parenthetically between the substan- tive and the article and pronoun qualifying it, and is equivalent to 7 7i dAdo; cf. 1203 n. 1273. Kvvds onpa—cf. 1265 note. 1275. «al...6é—‘yes and’, the word between being em- phatic. \| 1276. dawérrvoca—cf. 382 n. 1278. pajrw—a modest equivalent of wjmrore. Cf. Soph. El. 403, ob dfjra whrw vod rocbvd etnv xaxdv. Tvvbapls rats— Klytaemnestra: the phrase is pleonastic. Cf. Goodwin, § 129. 9. 1279. ‘rovrov—sc. xreve?. 1280. otros—heus tu, 1127 n. 1281. The construction involves an ellipse:—‘ You may kill me if you like, but it will avail you nought, since &c.’ The murder thus prophesied is told in the Agamemnon of Aeschylus. Strictly speaking, Mykenae was the royal city of Agamemnon, but in the time of Euripides the neighbouring town of Argos had put it into the shade. dppéver—‘ awaits’ = dvaméver, 1282. ovx dfere—‘drag him forth’. od with the future interrogative is a strong command, Soph. Phil. 975, ov« ef;=‘ begone ’. 1284. elpyra.—‘I have said my say’, for the force of the tense cf. 236 n. vicev épyjpev depends upon mo, cf. 455; Goodwin, §§ 168, 182. 2. For the penalty, cf. Od. 3. 270 (Aegisthus), 57 rére Tov pwev dovddv aywr és vnocov éphuny \| Kad- Nurev olwvotow Edwp kal kipua yevécOat, 1286. Kal Alav=vel maxime, cal intensive, cf. cal pada, Kal mon, 1287. Surrixovs—‘ two’. So Lucr. duplices oculos, 1290. ropmlpouvs—‘to convey us’, active. ép#—The Greeks did not accurately distinguish between the various senses, cf. with op® mvods, Aesch. Septem, xrimov dédopxa. Cf. 1069 n. 1294. trav Sermocivev poxSav—the evils of servitude: cf. Aesch. Persae 587, ovxéri decpopopotcw Seorocivorow avayKais. METRICAL NOTES. noe Anapaestic: the difficulties are in the following ines :-— 62. AdBete Héplere wéurler’ delp\|eré wov. The four short syllables in the first foot are counted as equivalent to an anapaest, ~~~, and are justified by the rapid and excited tone which Hecuba assumes. The déuas of Porson is not necessary. 69. rt mor’ atpouat évyvxyos odrw. A paroemiac, unless we insert dp’ before alpoua, when we have a full but rather ugly anapaestic dim.: Hartung, contrary to all authority, suggests évvuxiors. 76. poBepdy \| By %u\|aboy é4\| qv. The 8rd foot like the Ist in 62. idov (ie. eidov with augment omitted) has been suggested after dy. 83. 7 véov, final syllable is lengthened in pause. 90, 91. Dactylic lines, as are 74,75. The reading dvolkrws removes all difficulty. If dvdyxg in 90 and olxrpds in 91 be retained, then olxtpés may be repeated and xal rdde wor Seip’ read, the final syllable being elided by synapheia. 100—154. Ordinary anapaestic system. — 155—177. Anapaestic, spondees predominating: the diffi- culties are in 164, 5, two paroemiacs together. yv@y is inserted by Mus- grave after daluwr. 168, dactylic. 169. dyacrés év Pde, dim. iamb. brachycatalectic. 170, 171. Two paroemiacs together as in 164, 165. Herm. puts zrods in 170 and reads ynpalg. — METRICAL NOTES. 125 178—215. Anapaestic, difficulties being in 186. 7b wor’ dvacrévers. A trochaic or dochmiac inter- spersed. we ge 188. zl 768 dyyé\X\ecs. To correspond with 186 Herm. read ri 8’ 6 705’ dyyeXels. 191. IInAelg yévyg, anapaest. monom. hypercat. Herm. reads IInelda, yévr’, the a cut off by synapheia. 194. ydvvoov, warep, anapaest. monom. hypercat. 201, anapaest. dim. brachycat. 202, anapaest. monom, hypercat. Herm, amends * * * éxOlaray appytrdv 7 wpoe Saluwr. 209, 210. Cf. 168, 169. 215. Not a paroemiac, as it should be at the end of a system. Musgrave amends tuyruxlg xpelocov’ Exupoev. 444-485. Glyconic, the base of which is a trochee; in Latin glyconic=trochee or spondee followed by two dactyls. Observe that the lines generally begin with a single syllable, long or short, and then break into a dactyl followed by trochees or spondees. Observe also that the concluding lines of orp. a’ and dvricrp. a’ have 11 syllables, and that in 474 and 483 a spondee is put for a dactyl. 629—657. Dactylico-trochaic, with rather frequent spon- dees: 632, 641 must be scanned as antispasts, i.e. iambic fol- lowed by trochee, any equivalent foot being substituted: thus “Arka dpds \|\| eiAdrt\| vay Kaxoy \| TE UE \|\| podvrids \| yg. 633—642, preponderance of short syllables, which must be contracted: as é sim. ss é\|raue@’ ad\| cov ém’ \| x.7.d. 684 sqq. In the irregular lyric utterances of Hec. we find the general dochmiac character (of which according to Herm. there are 48 varieties). The simplest form is ~-—~—. Iamb. dims, and trims. are interspersed; but we are not to expect a correspondence of str. and antistr. 906—952, dactylico-trochaic. 126 METRICAL NOTES. — 1025—1034, dochmiac, the long syllables being sometimes resolved. .1030 is pure dochmiac. In 1033 ié is to be counted as one syllable; with the ordinary reading Aidav, the -av would have to be shortened. 1056—1084. ‘The metre here is very irregular: there is & preponderance of anapaests and dochmiacs. Thus 1056, anap. dim., reading due to Herm. 1057, anap. paroemiac. 1058, dim. dochm. : 1059, dim. dochm. with resolved syllables; observe quantity In trotav. # 1060, 1, anapaest. dim. 1062, dochm. preceded by a resolved cretic (-~—) Ididdds. 1063, dochm. dim. 1064, anap. dim. 1065, anap. monometer. 1066, doch. dim. 1067, trim. iamb. brachycatalectic. 1068, doch. monom. 1069 1070 1071 , different anapaests, 1072 1073 1074, doch. dim. 1075 1076 1077, dochmiac. 1078, dochmiac + final cretic: text corrupt. 1079, anapaest. monom. hypercat. 1080, two ecretics, unless dre or ws be read, when line is- dochm. 1081, dochmiac. 1082, anapaest. dim. 1083, iamb. dim. brachycat. , anapaests. METRICAL NOTES. 127 1084, iamb. dim. brachycat. 1088—1105, dochmiac, cretic, iambic and trochaic. 1088, 9, doch. monom. 1090, doch. dim. 1091, troch. dim. iw one syllable. Cf. 1099. 1092, iamb. monom. + cretic. 1093, troch. dim. cat. 1094, iamb. trim. 4 coalesces with ovdels. 1095, iamb. monom. hyper. 1096, iamb, dim. 1097, troch. dim. cat. 1098, troch. monom. hyper. 1099, troch. dim. 1100, two cretics resolved. 1101, cretic monom. resolved. 1102, troch. dim. cat. 1103, dactylic. 1104, 5, 6, dochmiacs. 1293—1295, ordinary anapaestic system. INDEX. [CHIEFLY GRAMMATICAL. \| A & (Doric), 59, 156 del, 1182 alper, 528 alpw, delpw, 107 aloxtvouat (w. inf.), 552, 968 axovw, 576 andra, ‘at any rate’, 391 GAG yap, 724 ado, 643 Gore, 28 dumrdpuevos, 1100 audlaupos, 473 av (doubled). 359, 742 dva.(in composition), 1040 dyrt (in comp.), 57 avrionKkdw, ib. drbBrerros, 355 apa, 511, 1119 are, 82 aviw, avédvw, 20 abstraction, personified, 293 accusative, absolute, 121, 506 = adverbial, 873, 1044 eS cognate, 645, 912, 962, 1175 is double, 49, 285, 579, 812, 988 accusative, of reference, 114, 356, 359, 433, 664, 910 . ~ w. verbs of motion, 53, 1260 Ss from nom. in -eds, 882 active for middle, 918, 1108 adjective in -atos, 32 a in -ds, 444 “a in -ca, 70 » in -oeldns, 81 » im -us, 659 2. of two terminations, 69, 151, 296, 592, 659 5 attributive, 101, 131 » proleptic, 113, 533, 782, 797, 1031 » temporal, 69 » W.gen.=superlative, 716 anachronism, 510 aorist, forms of, 672 », infinitive, 5 », Aolic, 820 »» gnomic, 598, 847, 1194 », loosely used, 369 momentary, 382, 967, 1276 INDEX. aorist, = pluperfect, 571 article, 354 attraction into relative clause, 771 asyndeton, 86 augment, 18 B Prérw= ‘live’, 311 ¥ yap, 89 ye, 246, 745, 766 ve wévrot, 600 caesura, 355 change of construction, 539 », Of tense, 21, 189, 266, 963, 1134 collective sing. w. plural verb, comparative double, 377 conjunction final, 27, 818 conjunctivus delib., 88, 422, 737, 738, 1042, 1057 tga allusion, 458, 51 crasis, 1094, 1160, 1226, 1249 cretic final, 383, 507, 729 genitive, yduwy=epl yap. 350 » vyourdrwy, 752 rs w. éxouat, 398 * W. mot and zrov, 455, 1064, 1285 op XEepos, 523 » causal, 157, 211, 238, 661, 752, 783, 962 + _-W. verb of depriving, 324 » definitive, 65 soit oh te exclamation, 475 » We. neut. adjective, 193 129 genitive, of object aimed at, 34 es objective, 715, 973 » Of origin, 379, 420 » _ partitive, 64, 242, 275, 610, 716, 906, 1166 » of place, 401 -s possessive, 478, 844 5, Of price, 360 ° » Of quality, 199, 211 » Of separation, 421, 606, 1031, 1156 ‘“ subjective, 715 Greek confusion of senses, 1069, 1290 A dacdaXeos, 470 Seordrns, 397 54, 116, 258, 413 04 more, 484 d7jTa, 247, 367, 623, 756 dua Ww. gen., 851 dia in comp., 65 diadoxos, 588 duadépw, 595 dtos, 458 doxeiy (tech. term), 109 Soxody (absol.), 121 doxobvres, of, 295 Sopl, Sdpec, 5 Soplkrynros, 478 66a, 370 dtvy, 253 Svpouat, 740, 1057 dative, adverbial, 100 », Of agent, 309, 863 », causal, 251, 958, 1167, 1183 »» commodi, 41 130 dative, ethical, 182, 197, 605, : 674, 889 =gen., 422, 1267 incommodi, 1119 of manner, 100 of motion, 207 of place, 682 of reference, 595, 660, 1054 Derivations. Alins, 2 drdorwp, 686 ddlacros, 85 dpéyapros, 193 durrvé, 465 dv O5xpoKos, 471 dipOpov, 67 Barids, 90 dlaruxos ‘two’, 1287 Sptrrw, 651 éyxovéw, 507 Owiicow, 115 ipods, 804 kepkts, 352 KAéos, 1224 Kémis, 133 Koppos, 474 Aevpds, 700 wrdE, 8 mrdrn, 39 mwoprn, 1170 oxlarwv, 65 oxldvarar, 916 oxétruos, 783 Tddas, 20 xAwpos, 129 ddcyavov, 876 gpolmov, 162 ppoddos, 1b. dialect (Doric), 59 Dorie forms, 1198 INDEX. E eddnv, 76 ei w. impf. 1216, 1228 el (wish), 836 -et, not -7y in fut. 408 elpyacrat, 264, 1085, 1122 elpyw gi , 605 elpjoerat, 825 elpjcbat, 236 elra Sra, 623 éx (‘after’) 55, 915 éx (‘by’), 407 éx in comp., 1270 éxet (in Hades), 418 éxei0ev (=éxet), 731 éxmrodwy Ww. dat. 52, 1054 éXmls, 370 évyuxos, 69 érgoow, 1070 émeperdouevos, 114 érevxouat, 542 éml w. ace. 514, 522, 634 — w. dat. 648, 822 — in comp. 111, 542 ércgvéw, 583 éoTw W. adv. (= exer), 7 732 éorw H, 857 éow, 616 evoxjuws, 569 éheordavat, 363 éppdaOy (mid.), 546 éxw w. did, 851 éxw W. particip. 1013 éywv, 994 ellipsis, 186 epithet transferred, 65, 772 euphemism, 414, 418 future, 485 fhv, 350 INDEX. ne, 323 nKw, 1 qopmev, 1112 now (intrans.), 164 nd (augm.), 18 hendiadys, 540 Onrus, 659 © Oupovmevor, 299 I Ynme (intrans.), 164 » quantity of, 900 iva, 27, 102 wa (w. past tense of ind.), 818 iva (where), 711 ; Yorn, 494 imperfect (force of), 96 infinitive (a subst.), 5, 214, 374, 1076, 1107, 1128 interrogative (=neg.), 349 Ionic forms, 752 juxtaposition, 45, 126 K xal (intens.), 1286 kal—dé, 1275 ~ xal On, 758 kal piv, 216, 317, 665, 824, 1224 kal tis (ris cal), 515 xépa (‘person’), 677 xard (in comp.), 132 kardpxoua Ww. ace., 685 xatéxtav, 1216 Kar nuap, 628 ketuar, 418, 496 Kéxev0a, 880 KéxAnua, 480 131 Kepdalvouat, 518 kepkls, 362 Kpovvol, 568 Krnels (pass.), 448 kupetv (w. acc.), 697 A Aaédprios, 401 Aawuos, 565 Adxawva, 651 Aééex (mid. or pass.), 906 Atvopat, 438 Aumpos, 362 locative, 41, 152 M pev.,..GAG, 824 pev ovv, 728, 1261 peré, (in comp.), 213, 509 », W. dat., 355 perakAralouat, 213 peractelxyw, 509 ph (and ov), 235, 282, 378, 608, 874 wy (after word which it quali- fies), 12, 867 pn (=Tod 7), 338 pnde (and ov5é), 394 pena (=pnrorte), 1278 pn ovye (formula), 408 pvptos, 606 pov, 676 masculine (of women), 237 metaphors, 29, 144, 379, 403, 553, 560, 583 - ynvepov, 533 pw, 515 viv, 357 132 negative (after word which it qualifies), 12, 867 neuter, 591 », plur. w. sing. verb, 839 nom. (for voc.), 534 ton ” tuvéraice (intrans.), 118 .@) 6 (=6’ 6), 13 éyxéboua, 623 86e, 92, 203 olda (declined), 698 ; olds TE, 15 ola 8” ovv 6 Spacov, 225 omws, 398, 1080 dpa Oar (= épay), 319 Ggov ov, 143 dots, 55, 297 ov (='no *), 399 ob mi (w. aor. conj.), 1039 od nv, 401 ovder (adverb), 106 ouvexa, 787 ovros (= heus), 1127, 1280 optative (force of), 854 » Of indef. frequency, 819, 1165 oxymoron, 612 II way (in comp.), 500 mapa, 34 mapd. (in comp.), 288, 587, 703 wapdoxes, 842 mapodos, 100 mwepirintw, 498 rin, 471 mwrabeioa, 890 wAny, 356 mot vaowr, 447 INDEX. moreos, 866 mwopevw, 447 mote (in petitions), 69 morvia, 70 mov =67rov, 1125 mpaccev and rroveiv, 56 mplv, 135 mpodeirw, 438 mpos (in comp.), 64 mpos Biav, 406 mpoTiecOa, 613 mrons, 767 ropa, 392 mas Kal, 515 parenthesis, 1160, 1272 participle w. article (=subst.), 299 rr; w. verbs of emotion, 244, 342, 397 » fut. (force of), 143 ~. loosely used, 369, 386 — two together, 358 particle of comparison, 82, 179 » Of emphasis, 246, 745, 756 » Of interrogation, 69, 116, 247, 258, 676 » Of time, 112 patronymics, 583, 1278 passive perf.=mid., 264, 801 perfect 2nd, 433 person, change of, 1195 play on words, 427, 441 pleonasm, 104, 1278 plural for sing., 82, 237, 265, 386, 415, 514, 616, - 1107, 1240 » verb w. two nouns, 89 », vague, 403 praegnans constructio, 419 preposition omitted, 146 present, force of, 79, 91, 340 ‘ INDEX. prohibition by interrog., 1282 proleptic epithet, 113, 533, 782. 797, 1031 pronoun, understood in adj., 23 P pp=ps, 8 z calpey, 362 oébev, 850 gtya and olya, 531 oxéros (gender), 1 orovdy, 100 ovyKkvjew, 430 ape, 260 senses, confusion of in Greek, 1069, 1290 sequence of tenses, 27, 712, 818, 1139, 1149, 1245 subject, change of, 488 substantive (=adj.), 120, 137, 1253 superlative, double, 620 _ stasimon, 444 T Tay (=v), 473, 636 Te, position of, 80, 426 _ -rt (adv. in), 617 tts (collective), 649 ,, (enclitic), 370 TAnwv, 562 70 éri ce, 514 Tot, 228, 606 Tptratos, 32 iene Ag ace.), 51 rine, 4 133 Tupavvos, 366 T@ (=v), 448 tense, sequence of (see se- quence) change in (see change) tmesis, 99, 504, 1172 - t76, in comp., 6, 812 »> W.gen., 53 Uromros (active), 1135 i peyyos, 367 gepros, 158 ged (of contempt), 863 ged, 1238 dopovmevos, 29 dvdAAOs BddAewv, 574 ptpw, 496 x xapaxrynp, 379 xapw, 873 xiovwdys, 81 xXpeav, 282 xXpyv (= éxpiv); 629 » (=Xxptva), 260 xXpGpya, 311 ws, 622 », (=to% ws), 346, 400 », W. participle, 511, 1146 ws av, 830 wore (of comparison), 179, 337 apetrov, 394 CAMBRIDGE: PRINTED BY C. 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zh	N/A	N/A	【经济研究】企业持续创新动力模式及制度要素分析段云龙，杨立生 (1.昆明理工大学管理与经济学院，云南昆明650093；2.云南民族大学经济与工商管理学院，云南昆明650031) 摘要：企业的技术创新贵在持续，也难在持续。只有持续不断地推出新的技术创新项目，才能提升企业的核心竞争力，因而有必要研究企业持续创新动力模式。企业持续创新动力模式与技术创新动力模式最大的差异在于如何确保企业具备持续不断的动力来进行技术创新，而非在一段时间内推出--两个创新项目而享受创新垄断利润。因此，在设计企业持续创新动力机制时有必要引人制度因素，只有做出合适的制度安排才能确保企业创新动力的持续性。关键词：持续创新；创新动力；持续创新动力；制度【中图分类号】F271 【文献标识码】A 【文章编号】1672-867X(2007) 02-0076-04 创新是一个民族进步的灵魂，是一个国家兴旺发达不竭的动力。创新贵在持续，只有持续不断地推出新的技术创新项目，企业才能获取持久的核心竞争力。创新也难在持续，只有少数企业能够持续不断地推出新的技术创新项目，成为持续的技术创新领先者。而阻碍企业实现持续创新的最主要的原因是企业缺乏持续的创新动力。许多企业已经意识到进行技术创新对于提升企业核心竞争力的重要性，也意识到增强企业技术创新动力的必要性，但是在增强企业技术创新动力时更多地强调短期收益，只要能够激励研发人员推出一两个技术创新项目，在一段时间内享受创新垄断利润即可，因而企业很难在较长时间内具有持续不断的创新精神和动力。基于此，有必要从现有的技术创新动力模式入手，研究现有技术创新动力模式的不足，再结合持续创新的特性，设计出适合企业的持续创新动力模式，明确提升持续创新动力的各要素，这将对于推动企业持续不断地进行技术创新研发，提升持久的核心竞争力具有重大的现实意义。一、关于技术创新动力以及持续创新动力的研究熊彼特在1912年就开始对创新动力进行研究。他认为创新的原动力来自于企业对超额利润的追求和企业家精神，这一论断构成了现代创新动力理论的基础。1(P73-74)现代创新理论的研究者弗里曼根据熊彼特的这一思想总结出著名的熊彼特创新模式T(图1)i2，(P212)。这一模式高度强调科技发明对于推动企业创新的重要作用，其实质就是技术推动模式。熊彼特在晚年时对垄断性企业在推动创新中的巨大作用进行了研究并给予了高度的评价，这一思想则被弗里曼归纳为熊彼特创新模式Ⅱ(图2)。12\](P213-214)总体而言，熊彼特高度强调了技术推动型创新以及企业家精神在推动创新中的重要作用，但是这两个模式都具有一定的历史局限性。模式I过于简单，仅仅把技术创新的动力归结为科技发明推动；模式Ⅱ过度强调了大型企业在技术创新活动中的重要作用。但是必须承认，熊彼特提出的这两个创新模式已经超越了当时许多经济学家的研究范畴。图1熊彼特创新模型Ⅰ 图2熊彼特创新模型Ⅱ 【收稿日期】2006-10-24 【作者简介】1.段云龙(1977-)，男，云南鹤庆人，昆明理工犬学管理与经济学院博上生，云南财经大学国际工商学院讲师。 2.杨立生(1966-)，男，云南鹤庆人，云南民族大学经济与工商管理学院副教授。熊彼特之后的技术创新研究者，对技术创新动力也进行了大量的研究，在20世纪50至80年代提出了一系列的技术创新动力模式。归纳起来主要有：技术推动论、市场拉动论、技术和市场共同作用论、政府启动论、企业家创新偏好驱动论、技术轨道推动论等。这些模式的最大缺陷在于仅仅把一个至多两个因素归结为技术创新动力因素，而且这些模式所提出的动力要素不能保证企业能够持续不断地推出技术创新项目。基于对以上技术创新动力模式缺陷的修正，昆明理工大学的向刚教授结合技术创新的人本特性、系统特性以及可持续性，提出企业持续创新动力模式(如图3所示)。314这一模式强调了企业持续创新的动力主要来自于企业对利润持续增长的追求和企业能够得以长期发展的目标。影响企业持续创新动力的要素包括企业内部要素和外部要素，所有这些因素相互耦合、相互影响、相互作用，形成了企业持续创新的强大而持久-的系统动力。总体而言，该模式能够比较好地反映出创新动力的要素及其要素间的相互关系，比较全面地归纳和总结出推动企业持续创新的动力要素。但不足之处在于，该模式提出的推动持续创新的动力要素不全面，也没有高度强调制度因索的重要性，结果导致很难持久地增强企业持续创新的动力。要使企业具备持续的动力以不断地推出新的技术创新项目，有必要高度强调制度因素的重要作用。图3 企业持续创新动力模式二、企业持续创新动力模式的构建在综合了现有的技术创新动力模式和持续创新动力模式的基础上，考虑制度因素在提高企业持续创新动力中的重要作用，并结合企业持续创新需要社会效益和经济效益实现统一的特性，本文构建出如下企业持续创新动力模式(如图4)。图4 基于制度结构的企业持续创新动力模式由以上企业持续创新动力模式可看出，企业对社会效益和经济效益的不断追求成为持续创新的源源不断的动力。具体而言，持续创新动力来自于企业的内部动力要素和外部动力要素，内部动力要素其实就是企业的制度结构，企业制度结构分为非正式制度结构和正式制度结构。非正式制度结构包括企业家持续创新意识、企业家持续创新精神和企业持续创新文化；正式制度结构包括企业产权制度、企业家接任机制以及研究部门的制度化和内部化。所有这些内部要素促使企业持续不断地追求经济效益和社会效益，从而产生持续创新的不懈动力。外部动力要素强调了科学技术的发展以及国家创新系统和区域创新系统对持续创新的重大推动作用。该模式综合了现有的技术创新动力模式以及持续创新动力模式而构建出来的，它强调了制度因素在增强企业持续创新动力的重要作用。在设计出企业内外的制度安排后，企业只需有效地执行设计出的制度安排，就能够保证技术创新动力持续保持下去。三、企业持续创新动力的制度要素分析为了能够更清晰地反映制度因素在增强企业持续创新动力中的重要作用，有必要对影响持续创新动力的具体制度因素进行分析，以明确各个制度因索如何增强企业持续创新的动力。企业持续创新的内部动力因素其实就是企业制度结构耦合的结果。根据国内外许多制度经济学家对制度结构的界定，制度结构可分为正式规则和非正式规则。正式规则可细化为人们有意识创造的一系列政策规则的总和，其中包括政治(及司法)规则、经济规则和契约；非正式规则指人们在长期交浴中无意识形成的，并构成代代相传的文化的一部分，主要包括价值观念、规范、道德观念、风俗习惯、意识形态等。15(P52)因而，持续创新的制度结构就是指连续不断地促进和支持技术创新的各种具有不同地位和作用的正式制度安排与非正式制度安排以及它们的实施机制耦合而成的制度体系。根据这种划分方式，企业技术创新的产权制度、奖励制度、企业家接任机制、研发部门的制度化、风险投资制度等属于正式的制度安排；而企业家持续创新意识、企业家持续创新精神、企业文化以及企业团队精神等属于非正式的制度安排。正式的制度安排中最重要的就是产权制度，按照新制度经济学家的解释，产权指的是“由于物的存在和使用而引起的人们之间一些被认可的行为性关系……社会中盛行的产权制度便可以描述为界定每个在资料利用方面的地位的一组经济和社会关系。”i5\](P79-80)产权制度之所以最能够给创新者以刺激，在于它直接规定了创新者与创新成果之间的所有关系。企业家与员工愿不愿意创新，与创新收益的多少密切相关，而创新收益在很大程度上取决于创新者与创新成果之间的产权关系。产权能够在长时间内维系创新者与创新成果之间的关系，促使创新者有为获取创新收益而产生进行技术创新的动力。不断推出新的技术创新项目，持续地成为技术创新领先者，从而享受创新垄断利润也就成为企业持续创新的源源动力。企业家接任机制对持续创新动力的影响也是深远的，如果没有一套企业家接任机制，企业没有把过去政府主导型的接任机制转变为市场主导型的接任机制，就无法发挥企业家持续不断创新的精神，更不会有持久的动力进行技术研发。企业研究开发制度指研究与开发的企业内部化、制度化。过去众多的发明依赖独立的发明者和独立的实验室，但是随着创新技术含量的增加，仅仅依靠独立的发明者和实验室不可能进行不断地创新。因而企业内部的研究部门内部化和制度化就显得更加重要。正如怀特霍德指出的，19世纪的最大发明是发明方法的发明。is\](1\*7)此处的发明方法的发明就是指研究与开发的制度化、内部化。研究与开发的制度化与内部化有助于企业把研发部门置于非常重要的地位，不仅使研发人员意识到自己的面包和黄油取决于自己的发明创造，而且能够在企业内部营造合作创新、全员创新的良好氛围，也使研发人员的观念转变到不断地进行技术创新是自己为之奋斗的事业，这有助于使研发人员产生源源不断的动力进行技术创新。影响持续创新动力的非正式的制度规则最主要的就是企业家持续创新精神、持续创新意识以及企业文化。企业家持续创新精神和持续创新意识是推动企业持续创新的非常重要的非正式制度结构动力。在企业家持续创新精神中，除熊彼特提出的“企业家”精神的基本内涵，还有为实现企业的持续创新与发展目标而锲而不舍地寻求和捕捉机遇的执着精神，企业家要有“要么持续创新，要么灭亡”的思想，以及在人类追求社会、经济、生态环境可持续协调发展的时代背景条件下寻求和抓住机遇，走持续创新道路的强烈意识。企业文化属于企业辅助性的制度结构\[S1(P9S)，它对于推动持续创新有重要作用。企业文化最核心的要素就是共享的核心价值观念，共享的核心价值观念能使企业的所有员工持有共同的信念，能够在企业内部营造团结协作的氛围。为了鼓励员工积极致力于技术研发，企业制定一些鼓励员工参与创新的规则和制度，而这些规则和制度的执行在很大程度上取决于共享价值观的认同。如果没有共享价值观的支撑，鼓励员工进行技术创新的制度和规则将不能发挥应有的效用，正是核心价值观念促使员工不断地投入于创新事业，创造一个又一个的技术创新神话。在外部动力要索中，本文提出的持续创新模式更多地强调了科学技术进步、国家创新系统、区域创新系统对于促进企业持续不断地推出创新项目的重要作用。科学技术进步是推动企业进行持续创新的重要力量，是当今社会在不断发展过程中出现更先进的技术以取代过时技术的趋势。紧密关注当今科学技术进步状况并做出适当的调整，是企业能够不断获取最新技术，实现持续创新的先决条件。企业要使创新持续化，不仅在现有技术范式内进行不断地改进和创新，还要时刻关注外部科学技术的变化。如果出现更先进的技术范例，企业要能及时地引进先进技术范例并进入新的技术轨道，以免陷人技术陷阱。国家创新系统和区域创新系统对于推动企业持续不断地进行技术创新的作用是不言而喻的。国家创新系统和区域创新系统是在政府主导下为推动科技进步的发展而联结高校、科研院所、企业、中介机构以及其他相关部门的网络结构。这一网络结构能够弥补单个企业在创新过程中所遇到的障碍，例如，研发投人不足，研发风险过高，各种不同的组织和机构的结合能够发挥各自的优势，使企业能够更容易地推出技术创新项目。创新系统的另一大作用就是可以发挥系统的功能，实现各单个企业简单结合无法达到的目标。四、结论增强企业持续创新的动力，不断地推动企业实现持续创新，这是企业未来的发展方向。而持续不断地增强企业创新动力最核心的就是制度要素。可行的制度设计以及有效的执行能保证企业的所有者以及全体员工为进行技术创新而进行不懈努力；明晰的产权制度安排，使企业所有者为了保证创新垄断利润不被打破而具有强大的动力进行持续创新；以市场为导向的企业家交接班机制保证企业能够甄选到具有持续创新精神的优秀企业家，这为企业进行持续创新提供了强有力的保证；研发部门的内部化和制度化不仅使研发人员意识到自己的面包和黄油取决于自己的发明创造，而且能够在企业内部营参考文献： \[1\]熊彼特.经济发展理论\[M\].北京：商务印书馆，1990. \[2\] C. Freeman. The Economics of Industrial Innovation\[M\]. Mass： The MIT press， 1982. \[3\]向刚，等.企业持续创新：机制与发展模型研究引论\[J\]. 昆明理工大学学报(自然科学版)，2003，(3). \[4\]向刚，汪应洛.企业持续创新动力机制研究\[J\].科造合作创新、全员创新的良好氛围，也使研发人员的观念转变到不断地进行技术创新是自己为之奋斗的事业。此外，合适的持续创新文化氛围、持续创新的企业家精神以及持续创新意识，这些非正式制度结构能够在企业内部树立“进行持续创新就是企业的愿望和使命”的观念，这对于不断增强企业持续创新动力是非常重要的。所有企业内部的制度结构相互耦合、相互影响、相互作用，形成了企业持续创新的强大而持久的系统动力。提高企业持续创新动力不仅需要企业内部制度结构的构建，还需要国家从宏观层面进行制度环境的建设，如推动科学技术的进步，建立并完善国家创新系统和区域创新系统，宏观制度环境的完善为企业营造了良好的技术创新的氛围。只有完善企业内部的制度结构和国家宏观制度环境，我国企业才具备持续不断的创新动力，企业的核心竞争力才得以培育和加强。研管理，2004，(6). \[5\]袁庆明.技术创新的制度结构分析\[M\].北京：经济管理出版社，2003. \[6\] Xiang Gang， et al， Continuing Innovation： The Developing Path of Yuxi Cigarette Factory.， Proceedings of the Pan-China Symposium on Technology and Innovation Manage-ment. Hang Zhou： Zhejiang， university 1995. The Sustainable Innovatory Motive Models for Enterprises and the Relevant Institutional Elements DUAN Yun-long， YANG Li-sheng ( 1. School of Management and Economics， Kunming University of Science and Technology， Kunming 650093；2. School of Economics and Business Administration， Yunnan Nationalities University， Kunming 650031， China) Abstract： Though hard as it is， technological innovation is the lifeline of enterprises. The sustainable technological innovation can guar-antee their competitiveness， and therefore new models should be adopted. The biggest difference between the sustainable innovatory motive models and the technical innovatory motive models finds expression in the formers sustainable motive force for technological in-novalion rather than several monopolized innovations for high profils in a certain time. Thus， only suitable institutional arrangement can guarantee the enterprises’sustainable motive force for technological innovation. Key words；sustainable innovation； innovatory motive force； sustainable innovatory motive force； system (责任编辑董学君)	__label__neg	null	null	null	null	null
zh	N/A	N/A	旅游心理与行为研究的知识贡献 ——兼论旅游知识外溢陈增祥 (中山大学国际金融学院广东珠海 519082) 摘要：基于学界对旅游知识创新与知识外溢等相关议题的关注，借鉴消费者心理学研究的理论创新要求与理论发展路径，围绕旅游情境可拓展性与理论创新的关系、旅游理论创新的动力、旅游理论创新的3种目标取向以及理论之树的启示4个方面展开论述，期待相关探讨能够为旅游心理与行为研究的理论创新提供有益思考。关键词：理论创新；知识外溢；理论之树 \[中图分类号\]F59 Doi： 10.12054/lydk.bisu.136 \[文献标识码\]A \[文章编号\]2096-3238(2020)04-0001-12 引言请问文章的理论贡献是什么?这个问题近乎学术界的“问候语”，无论是你问别人还是别人问你，理论创新都与学者如影随形。那么，怎样才算理论创新呢?如何评估自己的研究是否具有理论创新价值呢?特别是针对旅游研究而言，对创新的疑惑可能还包括该理论贡献是否有助于形成母学科知识的增量。由于旅游知识溢出已成为当下学界关注的话题，因此本文尝试结合理论创新与知识外溢的话题，以一般意义上的消费行为研究为例探讨旅游行为研究创新，以寻找旅游知识外溢的可能途径。笔者自博士阶段开始就受到中山大学商学院消费心理与行为研究的学术训练，基本上是从心理学视角研究一般意 \[收稿日期\]2019-11-10： \[修订日期\]2020-06-30 \[作者简介\] 1陈增祥(1984一)，男，福建福州人，中山大学国际金融学院副教授、博士研究生导师，研究方向：品牌管理与消费者心理。E-mail： [email protected] \[引用格式\]陈增祥.旅游心理与行为研究的知识贡献——兼论旅游知识外溢\[J\].旅游导刊，2020(4)： 1~12.\[ CHEN Zengxiang. On Knowledge Creation in Studies of Tourists’Psychology and Behaviors \[J\]. Tourism and Hospitality Prospects， 2020(4)：1~12. 义上的消费者行为，文章大多发表在消费心理领域的学术期刊上(如Journal of Consumer Psychology 等)。笔者博士毕业后有幸在南开大学旅游与服务学院任职6年，其间对旅游心理与行为研究有了亲身体会，也在《旅游学刊》、 Journal of Travel Research 等期刊发表了若干篇关于旅游消费心理与行为的文章。目前笔者又返回中山大学商学院，继续从事消费心理与行为研究，但也会继续以旅游消费与体验为研究情境，从事基础理论性质的研究工作。交代此背景，意欲说明如今作为一个外部观察者，笔者为何会借助一般意义上的消费心理与行为研究的理论和发展特征，来探讨旅游心理与行为的理论创新问题。本文所指的理论是对概念以及概念之间关系的陈述，，“它描述或者解释了某一现象是如何发生的以及为什么会发生(Corley & Gioia， 2011)。因此，这里的理论更多的是一种基于演绎而形成的对现象的描述与确认的一种知识。在此基础上，可以简单地把理论创新视为作者提出了两个构念之间的新颖关系并论证二者之间的关系(Hunt， 2010)。以一般意义上的消费行为研究为例(主要由营销学者，包括部分心理学者所开展)，在当今实证研究范式下，更为具体的理论创新包括： (1)提出原因和结果间的新颖关系； (2)考察一个或多个中介变量来解释原因对结果的影响； (3)探讨一个或多个调节变量在解释因果关系中的可变性(Spencer， Zanna & Fong， 2005； Bullock， Green & Ha，2010)。我们还可以从3个方面来判断一个理论的“好”与“差”，分别是：理论对现象的解释力(Bacharach， 1989)；理论是否包含了对竞争性解释的考虑( Lynch， Alba & Krishna， et al.， 2012)以及理论本身陈述的合理性(DiMaggio，1995)。此外，对理论贡献的判断还不能忽视理论本身所处的“丛林”，即理论所处的法则关系网( nomological networks )。任何一个理论都不是凭空出现的，不存在所谓的空中楼阁式的理论创新，因此对理论的创新判断必须与已有理论进行对话。在上文关于何为理论、理论构成要素以及如何判断创新的一般性认识的基础上，下文将从4个方面论述旅游理论创新与知识外溢，分别是(旅游)情境可拓展性与理论创新的关系、理论创新的动力问题、理论创新的3种目标取向以及理论树的启示，最后针对议题提出若干意见与建议并进行总结。一、情境可拓展性与理论创新的可能性理论是对现象或者情境的一种抽象的描述与解释。情境的大小与可拓展性将决定由该情境衍生出的理论的解释力。因此，在探讨旅游理论创新与知识外溢的话题时，不妨先回到旅游理论以及母学科理论所对应的情境。以旅游消费心理与行为为例，它对应的母学科是消费者心理学与更一般意义上的心理学，图1形象地展示了不同层次的理论与其所对应的情境、理论与理论之间以及对应的情境与情境之间的关系。无论是营销学科中的消费心理研究还是旅游学科中的旅游消费心理研究，其各自对应的研究情境都是现实世界中的消费现象，而旅游消费只是人类消费行为中的一类消费，而消费又仅仅属于人类活动的一部分。所以，对比人类心理、消费心理与旅游消费心理，三者在情境的大小上呈现出递减趋势，属于包含与被包含关系。如图1上半部分所示，其中圆圈大小代表情境的边界范围，相对于一般意义上的消费心理学研究，旅游消费心理研究在情境可拓展性上存在先天不足的问题。由于每种情境下又各自对应着一系列的理论，所以不同大小的情境对应的理论也存在包含与被包含的关系，如图1下半部分所示。图11理论与情境关系示意 Fig.1 The theory and its related context 图1形象地说明了造成旅游学知识外溢不足的一个先天不利因素在于情境的可拓展性。以考察空气污染对不道德行为影响的研究为例，为了厘清二者之间的因果关系，首先需要在空气污染与不道德行为的测量上具备理论研究的效度。但显而易见的是，衡量游客的不道德行为本身就是一个挑战，而且在实验室情境下如何让实验参与者模拟游客心态，并测量其不道德行为?这近乎是无法实现的任务。反之，消费行为研究与一般心理行为研究则可以在模拟的情境中去探究上述变量之间的因果关系。由于旅游学者在研究之初就囿于情境的限制，这导致的后果就是很难去发展出超越情境的、更具有普遍意义的、具有知识外溢可能性的理论。以笔者相对熟悉的旅游心理与行为研究为例，现有研究更多的是直接借鉴消费心理与行为研究或者心理理论研究来从事理论发展工作。对于应用性学科而言，这种做法理所应当，也无可厚非，但如果整个学科不反思学科知识外溢、学科知识原创中存在的问题，那有关学科独立性的焦虑自然也就随之产生了。尽管研究情境的拓展性问题阻碍着应用学科的理论创新，但知识反哺依然可以通过学科共同体的努力而达成(图1下半部分的虚线示意了应用型学科知识反哺基础型学科知识的过程)。以消费心理研究为例，它同样作为应用型学科，所借用的理论也基本上源自心理学，特别是社会心理学理论，但相对于旅游心理研究对消费心理研究的知识反哺的程度，有多方证据表明消费心理学的研究已经在一定程度上反哺了社会心理学理论的建构，心理学期刊会积极采纳有利于本学科理论建构的消费心理理论创新。另外，在消费心理学领域，那些只是简单验证已有心理学理论的论文是无法在优秀期刊上发表的。二、理论创新：动力问题在探讨旅游心理理论创新的动力问题之前，笔者先对当下的旅游心理理论知识外溢现象作初步论述。站在局外人角度，判断现有旅游心理与行为研究是否已经对相关学科产生知识外溢，其答案恐怕为“否”。判断知识外溢的简单标准，就是看主流的消费心理期刊与心理学期刊在多大程度上引用来自旅游学期刊的论文。在笔者的阅读范围内，很少有来自旅游相关期刊的研究被发表在商科领域和心理学领域顶尖期刊的论文引用。当然，这并不意味着商科与心理学顶尖期刊没有刊发跟“旅游现象”“旅游产业”“旅游消费”相关的论文。恰恰相反，在今天这样一个体验经济、价值共创的时代，旅游情境是一个极好的发展理论、创新理论的情境。笔者在追踪最新研究过程中，总是能够在商科与心理学顶尖期刊上阅读到与旅游现象相关的研究，这些研究读起来令人感到酣畅淋漓。但遗憾的是这些研究的作者并不会认定自己为旅游心理学家，他们的工作性质也多为以旅游为情境，探讨基本性的理论问题。以旅游心理研究为例，近3年来旅游学界已经开始倡导使用实验研究方法 (以Annual ofTourism Research、Tourism Management 等为代表的旗舰期刊引领着实验研究的思潮)，加强在因果层面对所研究现象的理解。但就目前发表的采用实验法研究旅游现象的文章来看，普遍存在着不足以及在未来旅游实验研究中有待改进的地方： (1)理论的演绎与推导在严谨性与逻辑性上有待改进； (2)对变量的操纵不够“干净”，容易有混淆因素的引人；(3)缺乏对行为结果的直接测量，更多的是以态度与意向作为行为结果的替代指标，但毫无疑问，态度或者意向与真正的行为之间还隔着一道巨大的鸿沟；(4)对因果关系的机制解释有待进一步深人，包括缺乏对中介变量的深认探索、缺乏对竞争性解释的考虑等； (5)最重要，也是最难的，就是所研究问题的理论深度不够，研究结论往往很难超越已有的消费心理或者心理学研究发现。对这些不足的改进将极大提升旅游心理研究的科学性，而这些提升工作也面临着潜在阻力，阻力主要体现在旅游理论创新的动力层面。理论创新除了有其一定的客观标准之外，也是学术共同体主观认定的结果。科学哲学家库恩(Thomas Samuel Kuhn) 所谓的科学范式的革命，即学术共同体认定的结果。据此而言，旅游(心理与行为)的研究是否具备理论创新，以及具备多大程度上的理论创新，跟旅游学术共同体的认可有关。封闭的学术系统导致创新的动力不足，本文所指的封闭学术系统意指个人层面的学术思想的封闭，以及学术共同体的系统封闭。对个人而言，如果研究人员按照既定标准，实现对旅游研究一定程度的创新就可以完成论文发表，获得学术声誉，那么他们又有何动力去从事更加花费时间与精力但回报也更大的、对其他学科有理论创新贡献的学术研究呢?对学术共同体而言，当今旅游学术共同体已然形成，其正面作用不言而喻，但共同体一经形成，也意味着一定程度的固化。封闭的系统总是对外在的刺激缺乏敏感性，也更有可能缺乏足够的动力去生产更为基础的一般性理论。笔者杞人忧天之处可能在于担忧旅游学术共同体的形成(包括何为旅游研究、如何界定旅游研究、研究的创新程度、创新程度评价的标准等内容的形成)无形中会造成学术体系的封闭，旅游知识外溢也就无从谈起。因此，未来旅游学界不得不思考的问题将包括学术共同体在抵御其他学科领域的侵蚀、固化自身核心与边界的同时，如何防止共同体在思想上的固化，以及如何让共同体具备更多的开放性与兼容性。三、3种理论创新的目标取向旅游心理研究的学者在对待理论创新的认识上有3种取向(见图2)： (1)直接借用相关心理学科的现有理论与研究发现，研究结果仅仅对旅游学科有贡献。 (2)所运用的基础理论或基本发现来自其他学科，而后基于旅游情境进行理论微调，或其研究发现与已有发现略有差异。 (3)旅游现象只是研究情境，着眼点在于研究发现真正对理论本身有贡献的内容，而不是把在旅游领域首次应用该理论作为创新，研究目标是对来自其他学科的理论有较为显著的推进，甚至提出其他学科所没有的新发现、新理论。上述3种研究路径的难度递增，研究的贡献度也呈递增趋势。从提升学科地位与知识外溢的角度而言，应该提倡那些优秀的学者践行第二种和第三种研究取向。到目前为止，非旅游学科的学者在看待旅游心理研究成果时，大多认为当下的旅游心理研究还属于第一种取向，即研究发现仅对旅游学科有价值而缺乏对其他学科的借鉴价值。图2旅游心理理论创新过程框架 Fig.2 2 The framework of knowledge creation process in tourism psychology 同样地， Colquitt 和 Zapata-Phelan( 2007)认为一个学术贡献的质量( quality)取决于理论构建是否严密以及是否对提出的理论进行严谨的验证。他们构建了一个学术贡献的连续谱，即(1)对原有实证发现的复制→(2)对先前提出的论点在不同领域进行检测(概念的复制)→(3)为现存构念关系增加新的中介变量或调节变量并提供证据→(4)提出并论证构念间的新关系→(5)完全生成一个新的构念。旅游心理研究需要在学术贡献谱的右端为整个学术一个重要的工作是拓展旅游研究的情境，并把情境视为理论发展的“养料”，而非让相对狭小的旅游情境限制了理论的发展。实际上，对于理论驱动式的研究来说，研究情境服务于理论。如果旅游(心理)学者能够以发表理论原创文章为己任，以从事真正贡献于理论本身的研究为初心，那么在研究之初，就不会被何为理论创新以及是否可能存在知识外溢等问题困扰。目前，在消费心理学与心理学等顶级期刊上不时会发现一些典型的以旅游消费为情境的论文，但由于其研究的内容完全是基于理论创新需要，所以作者并不会定位自己为旅游学者，他们也仅仅是将研究中涉及的旅游消费视为一种普通的消费现象，更加在意的是这些消费现象背后的理论创新。如 Goldstein、Cialdini 和 Griskevicius (2008)在营销学的顶级期刊Journal of Consumer Research 发表了一篇以酒店为研究情境，探讨社会规范中的示范性规范如何影响顾客环保行为的论文。所谓示范性规范指个体被告知在某种具体情境下绝大部分的人会如何行事的信息。如顾客被告知自己所人住的这家酒店过去的3个月里，共有75%的顾客参与了“人住期间毛巾循环使用”的活动。作者在某连锁酒店通过两个现场实验(field experiment ) 得出示范性规范信息比常规环保宣传口号(如“请支持环保行为，在人住期间重复使用酒店提供的毛巾”)更能增加顾客在人住期间实际的环保行为。截至目前， Google Scholar 搜索显示，该论文被引用了2217次，而且是被各个领域的文章引用，包括心理学、经济学等主流学科。很多有理论创新的文章，其作者选取旅游行业作为研究对象只是因为取样便利的关系，如这篇文章的作者完全可以脱离酒店情境而选择其他情境来获得同样的结论。类似研究还包括心理学家发现出国经历(如旅游)可导致人们更容易产生欺骗行为(Lu， Quoidbach & Gino， et al.， 2017)，出国经历也可能提升对自我概念清晰性 (self-concept clarity ) 的认识等(Adam， Obodaru & Lu， et al.， 2018)。这些研究虽然都跟旅游相关，但它们并不被视为旅游领域的文章。四、理论之树：树叶或枝干假如把人类构建的知识比喻为由一棵棵树组成的森林，那么每一棵树代表一个领域。知识树从一粒种子开始，随着研究领域的发展而成长，每一个额外的树枝都代表一个子领域的研究。树的结构(树根、树干、树枝)对应那些支持该领域研究的基本假设和基本理论，树叶代表了本领域的论文。每一位学者的文章根据其理论贡献可以被视为一个已有树枝上分化出的新树枝，或者一个更大的树干，又或者只是某个细枝上的一片叶子。至此，如果以知识树作为理论贡献的隐喻，我们会发现文章在这棵理论之树上的位置与评价学术贡献的质量一致。比如在一个现有因果关系上增加一个新的调节变量可以视为在原有一个树枝上增添一片新的叶子；而如果提出两个看似无关的构念的因果关系并论证，那么可以视为在枝干的部位发展出一个新的树枝；如果提出一个全新的构念则可以视为从主干上伸出一个分支。枝干或者树枝可以再分支，但树叶却无法再生出树叶。所以，做研究应该是做树叶类型的研究，还是应该做枝干类型的研究呢?在有限的学术生命里，如果可能，学者还是应该更多地从事枝干型的研究。当然，上述论断并不意味着做树叶类型的研究是无理论贡献的，笔者探讨的只是理论贡献的相对大小以及如何更好地实现知识外溢的问题。毕竟在大部分树的构成中，树叶数量比树枝要多。同样的，大部分的研究涉及的都是向现有树枝添加新的叶子。这些树叶型研究中的一大部分是探索现有关系的中介变量或调节变量，或者扩大现有研究的应用领域。尽管如此，学者在从事树叶类型的研究时，还是要评估自己的这个叶子是生长于已经有很多树叶的枝干上，还是生长于一个树叶比较稀疏的枝干上。前者由于已有研究较多，新论文的贡献可能就会被质疑，能得到的学术回报就会较少；反之，后者会被认为较有意义，因为学界对这个树枝的理解还处于初始阶段，而任何一片早期的新树叶都有助于增进理解。需要注意的是，对树枝是茂盛还是稀疏的考虑并不意味着研究者应该避免茂盛的树枝。树枝可以从多个视角被感知， “横看成岭侧成峰”，聪明的研究者懂得如何去激发读者从不同的视角观察树枝，从而获得一个较好的评价。例如，研究发现空气污染会促使个体更有可能从事不道德行为(Lu， Lee & Gino， et al.， 2018)。这个研究可以被定位为一个关于环境污染对个体行为影响的研究，其贡献是首次发现空气污染对个体的道德行为有影响；还可以被定位为一个关于道德行为的研究，它为这个领域贡献了一个新的能够影响人们道德行为的前置因素。不同的写法与文章定位将在很大程度上决定文章的贡献度，至于文章到底该定位于哪一个领域，学者可通过预估自己的文章在哪个领域更有可能成长为可不断分支并花繁叶茂的枝干来判定。关于理论之树的更多论述可参看 Janiszewski、Labroo 和 Rucker ( 2016)的文章。基于旅游心理理论创新与知识外溢的考虑，知识之树可以带给我们很多的思考，包括思考自己的研究是定位于一个旅游知识体系中的树，还是某个更一般性研究领域所构成的树。比如研究旅游中的自拍行为，是把旅游自拍的发现贡献于旅游知识之树，还是贡献于整个自拍领域的知识之树?以及思考自已的研究是一个无法再长出枝叶的叶子型研究还是一个枝干型的研究。比如有研究发现(旅行过程中)拍照有助于增加人们在体验过程中的融人感(Diehl， Zauberman & Barasch，2016)，如果引用该结论的论文只是简单地增加一个调节变量，即发现上述拍照效应只存在于某种个体的身上，那么这种增加调节变量的研究可以被视为叶子型的研究。而叶子型研究又会被哪些领域引用呢?很有可能是叶子之上再无叶子。五、几点建议古诗云“问渠那得清如许?为有源头活水来”。任何研究都是站在巨人的肩膀上，如果要问旅游心理与行为研究的巨人肩膀在哪里，最简单的回答就是这个研究背后的理论在已有的心理与行为研究中得到了怎样的解答。关于如何实现真正的理论创新，笔者提出以下几点意见供批评指正。 (1)任何研究都需要对更为基础的理论有充足的把握。以旅游消费心理为例，研究者需要对一般消费心理的基础理论有整体把握，消费心理理论包括消费者信息处理理论、情绪理论、动机理论、消费文化与跨文化理论、态度与说服理论等。研究者需要对上述理论模块中的若干个基础理论有基本的认识和了解。对基础理论的整体把握有助于研究者掌握整体理论架构，清楚地界定自己的研究属于哪棵理论之树、该与哪些已有理论进行对话。可供阅读的一般消费心理基础理论的材料包括各种指南性质的手册，比如由 Haugtvedt、 Herr 和 Kardes 主编的 Handbook of Consumer Psychology，由 Norton、Rucker 和Lamberton 主编的 The Cambridge Handbook of Consumer Psychology。 (2)要对前沿理论实时跟进，包括阅读最新的消费心理学或者心理学领域的期刊论文(如 Journal of Consumer Research、Journal of Consumer Psychology、Journal ofPersonality and Social Psychology、Psychological Science 等)。对前沿理论的跟进，有助于研究者判断什么不是新的理论，从而判断什么可能是新的。 (3)要对理论在旅游情境中的适用性有良好的判断。由于原初理论往往不是以旅游为情境，所以如果要基于旅游情境来发展理论，那么就需要对旅游中的情境选择作出深切关注，避免简单地将理论生搬硬套于旅游情境之中，避免为了在旅游领域应用理论而照搬理论。简单照搬理论也许可以使文章发表，但造成的潜在恶劣后果可能是会让其他领域的学者认为旅游心理研究只是简单地重复已有理论。实际上，这种“刻板印象”已然形成，不断出现的、缺乏创新的、简单的旅游情境应用研究正不断强化这种“刻板印象”。 (4)在理论创新的“紧箍咒”下执着于理论创新。这是最后也是最难的步骤，但也是最可能给予研究者回报的步骤。不忘初心，一直从事真正理论创新的研究者会提升自己的学术品位，包括对选题的判断、对创新的理解、对方法的精通等，在不断精进自己的研究能力的过程中，激发长远的发展动力。当然，是否选择走这样的道路，以及在何种程度上走这样的道路，这是一个选择问题。关于如何提升旅游(心理)学术共同体的开放性，笔者有以下意见供批评指正： (1)欢迎优秀的心理学与消费心理学背景的博士毕业生应聘旅游院校与科研院所，这是提升旅游心理与行为研究在理论创新与知识反哺上的最快途径之一：；(2)鼓励将旅游情境的文章发表在主流期刊上，此路虽艰辛但也是提升研究者科研能力，助力知识反哺的必经之路；(3)邀请心理学与消费心理学者作为旅游学术期刊的编委会成员，通过期刊来引领研究方向以及提升学术品位；(4)在旅游学术期刊定期邀请相应的专家推介最新的心理学前沿理论，为旅游心理研究提供第一手的新鲜资讯； (5)强化对研究方法的学习，包括方法论、具体统计方式及其相关内容，当前在旅游学术期刊上很少能够第一时间看到旅游学者对最新方法论的探讨。总结作为应用型学科，现实的需要与发展是学术研究的最大动力。随着国民旅游与休闲需要的日益增长，以及随之而来的旅游经济的蓬勃发展，我国旅游研究也进人快速发展期。与此同时，学术身份认同危机也伴随着理论创新与知识外溢等相关问题衍生出来。基于此，本文以一般意义上的消费行为研究为例探讨了旅游心理理论创新与知识外溢的话题。本文首先界定了所讨论的理论定义以及理论创新的类型，在此基础上从4个方面就理论创新与知识外溢话题展开论述。这4个方面的内容分别是(旅游)情境可拓展性与理论创新的关系、理论创新的动力问题、理论创新的3种目标取向以及理论树的启示。最后，笔者针对个人如何开展创新研究提出了若干具有可操作性的意见，并就学术共同体如何保持开放性提出了几点建议。参考文献： \[1\] Adam H， Obodaru O， Lu JG， et al. 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The dark side of going abroad ： How broad foreign experiences increase immoral behavior \[J\] . Journal of Personality and Social Psychology，2017，112(1)：1~16. \[13\]Lynch Jr J G， Alba J W， Krishna A， et al. Knowledge creation in consumer research：Multiple routes， multiple criteria \[J \]. Journal of Consumer Psychology， 2012，22(4)：473~485. \[ 14 」 Spencer S J， Zanna M P， Fong GT. Establishing a causal chain ： Why experiments are often more effective than mediational analyses in examining psychological processes\[J. Journal of Personality and Social Psychology， 2005，89(6)：845~851. On Knowledge Creation in Studies of Tourists’ Psychology and Behaviors CHEN Zengxiang (International School of Business & Finance， Sun Yat-sen University， Zhuhai 519082， China ) Abstract： Knowledge creation and knowledge spillover have gained increasing attention in academia. On the basis of theory development paths in consumer psychol-ogy， the current paper aims to establish the framework of the knowledge creation pro-cess in the tourism domain. Specifically， I focus on four aspects of tourism knowledge creation： context generalization， the driving force， the type of goal orientation and the tree of theory. This research will highlight the literature on knowledge creation of tourists’psychology and behavior. Keywords： knowledge creation； knowledge spillover， tree of theory 邮局订阅启事自2019年第5期起，本刊通过邮局征订发行，每每期定价20元，国内邮发代号为4-956，敬请广大订户与邮局联系订阅。本刊编辑部	__label__neg	null	null	null	null	null
zh	N/A	N/A	加强海外员工人文关怀 _7_ 不断推进国际强企战略郎保国 (中国水利水电第十三工程局有限公司天津市 300384) \[摘要\]发挥企业工会组织优势，加强海外员工人文关怀工作，建好职工信赖的职工之家，应该采取政治上关怀、生活上关心、待遇上优厚、切实帮助解决实际困难等措施，这对做实海外员工人文关怀工作，推动企业实施“走出去”发展战略，具有很强的现实意义。 \[关键词\]海外员工；人文关怀；企业发展 \[中图分类号\]D412.6\[文献标识码\]B\[文章编码\]1008-8636(2015)03-0040-03 中国水利水电第十三工程局有限公司始建于1962年，是一家以国内外工程承包为主的国有大型建筑施工企业，现有职工6000多人，长年在海外工作的员工2000多人，形成了以亚洲、非洲为主，辐射东欧、南美、大洋洲的市场格局，涉及英、法、俄、葡、阿拉伯语五大语系地区，先后在三十多个国家开展工程承包业务。多年来，公司根据国际化发展的需要和实际，为更好地调动海外员工的积极性，维护员工的利益，促进公司快速发展，以“关爱关心职工、教育培训职工、服务职工生活、开展文体活动”为宗旨，把建设海外项目职工之家作为对海外职工人文关怀的重要内容。通过公司开展的管理提升活动以及采取了更加切实可行的措施，不仅进一步规范了海外职工之家的创建，而且使海外员工感受到公司大家庭的关怀和温暖，更好地调动了他们工作的积极性，从而促进了公司海外业务的持续健康发展。我们主要从以下五个方面着手。一、加强领导，完善制度，健全海外项目职工之家随着公司国际化的快速发展，公司承揽的海外工程规模不断扩大。长年工作在海外的员工人数越来越多，而且劳动用工本土化，每个工程项目都在所在国家聘用了当地人员，公司海外员工管理难渡加大，劳动关系复杂化；另一方面，所在国家的政治、经济、文化、自然环境差异较大，国外劳工组织也不断渗透员工队伍，这些都为公司海外工程的实施和员工管理带来了挑战和困难，从而引起了公司党政工领导的高度重视。为加强海外员工的管理，公司工会本着“党建带工建，党工共建”的原则，对每项新的海外工程，实现“三同时三基本”，即在成立项目党政组织的同时建立项目工会组织；在明确项目党政负责人的同时明确项目工会负责人；在安排检查项目党政工作的同时安排检查工会工作。建立海外项目职工之家，并把“关爱关心职工、教育培训职工、服务职工生活、开展文体活动”作为建家的重要内容，为服务职工搭建平台，把工会工作融人到海外项目组织建设之中。为了强化海外项目工会工作建设，公司工会还印发了《公司驻海外项目部工会工作委员会工作规则、工作职责》，在项目上任命工委主任，配齐配强工会干部。随着海外项目部工委的逐步建立，工会组织在国外项目部的影响力也越来越大，作用发挥越来越明显，为海外项目的顺利实施提供了有力的组织保证。为规范项目职工之家的建设，公司工会印发了《公司项目职工之家实施方案》《公司工程项目工建工作实施细则》，使海外项目职工之家建设有了制度保证，逐步规范化。几年来，国外工委作用发 \[收稿日期\]2015-07-06 \[作者简介\]郎保国(1963-)，男，山东聊城人，中国水利水电第十三工程局有限公司工会副主席。挥越来越好，得到了海外员工们的认可。为了贯彻以人为本原则，公司工会督促人资部门根据实际制定了海外项目员工探亲和反探亲的实施办法。员工每年根据项目施工情况可以有一个月的休假，长期在国外工作的项目经理可以每半年休假一次，使公司海外员工休假制度化。最近公司修订完善了《公司海外员工休假、配偶反探亲和带配偶管理办法》海外员工在国内休假的时间又得以延长。二、注重宣传，强化引导，关心关爱海外员工公司工会关心关爱海外员工主要体现在以下几个方面。一是针对海外项目实际，广泛宣传公司的“四种精神”优良传统，倡导海外员工树立“热爱祖国、忠实企业”的理念。工会从思想上、工作上、感情上、舆论上，最大限度地支持海外项目建设者，全力推动海外项目各项工作的顺利开展。二是开展海外项目任务宣传，让参建员工对新上项目工程概况、自然环境、人文环境等方面拥有正确的认识。积极鼓励海外项目员工参加当地的活动，融人所在地民众的生活。例如，在卡塔尔国家体育日，公司在卡项目部组织职工参加了当地一系列的体育活动，并且取得了优异的成绩；在当地结交了很多朋友，让项目全体员工过了一个有意义的节日。各项目部利用节日经常参加所在国大使馆的活动，有的还被当地主流媒体进行报道。这些对海外员工而言，成为他们在异国他乡的一个美好回忆。三是针对海外员工远离祖国、远离家人，思念亲人、思念家乡的实际，坚持谈心制度。经常性与员工进行交流和沟通，倾听他们的心声，理顺他们的情绪，关心他们的疾苦，切实帮助他们解决实际困难，化解后顾之忧。海外项目员工以年轻人为主，他们对于生活上的、情感上的要求更加突出。我们从细节做起，让每一位员工具有一种真正的归属感。通过实践证明，这种真正的归属感对于稳定海外职工队伍所起到的作用，要远远高于提高薪酬所能带来的作用。公司工会还关心海外员工的婚姻问题，建立未婚员工的档案，积极为他们创造条件。很多海外员工已经通过“鹊桥工程”找到了自己的爱人，为稳定海外员工队伍提供了保障。三、因地制宜，创新载体，丰富员工业余生活充分发挥海外项目职工之家作用，经常性开展文体活动。每逢重大节假日，举办中秋文化节、国庆体育周、除夕夜酒会、春节文艺晚会等娱乐活动；结合项目实际，举办篮球、排球、羽毛球、拔河等体育活动；项目职工之家活动的开展，丰富了员工的业余生活，增强了企业的凝聚力和向心力。充分利用“职工之家”平台，建立海外项目“职工书屋”。海外项目部还加强“职工书屋”建设，从国内购置海外员工喜爱的各类图书、光盘，开展送书到基层活动，如公司安哥拉项目部的职工书屋购买了七百余册图书，包含了各种光盘等电子书籍、杂志、散文、诗歌、随笔、小说以及专业书籍等。职工书屋制定了管理制度，有专人管理，职工在业余时间可以借阅，为满足海外员工业余文化生活、提高其综合素质起到了一定的促进作用。四、强化培训，注重实践，培育一流海外员工队伍对海外员工的培训，主要体现在以下三个方面。一是发挥海外项目工会“大学校”的作用。加强知识培训，满足员工渴望提高自身知识水平的追求。中东经理部组织项目上的数十名员工在北大西洋大学(卡塔尔)进行了为期三个月的PMP(国际工程专业管理课程)的培训，使培训的员工既能得到专业教师高水平、全英文的授课，还能体会到国际型现代化大学上课的那种新颖的感觉，给参加培训的员工留下深刻的印象。海外员工远离亲人，如何保障他们的身心健康就成了摆在项目领导面前的重要问题。公司海外各项目积极做好项目员工的安全培训，健全安全员队伍，加强安全保护和监督，教育员工在施工中注意安全问题，让安全成为习惯，让每一位员工都能平平安安的回家团圆。二是强化海外项目员工综合素质和能力的培训。组织员工集中培训当地语言、风俗民情、礼仪知识、疾病预防、外事纪律和施工技术等相关知识。注重现代型企业工作的理念建设，一方面对于领导层，时刻提醒他们真正关爱普通员工的重要意义以及如何处理好和下级员工的关系，帮助他们建立现代型企业的工作关系，避免了以往工作中一些不好的习惯；另一方面对于员工，推出的“项目理念”等一系列工作，可以帮助员工树立正确的工作观以及在困难和挫折时应该如何积极的应对，取得了明显的效果。三是加强所在国劳务工的培训。从最基本、最简单的技能知识、劳动纪律到整体的安全制度、劳动保护等都进行系统培训，如上班不准穿拖鞋、必须戴安全帽、不随意动用电气设备等，增强员工们的安全意识。五、以人为本，内外联动，做好海外员工后勤服务工作。海外项目履约风险较大，社会依托差，面临资源匮乏、自然环境恶劣等诸多困难。由此，海外项目工会积极为职工创造良好的生活工作环境，高起点、高质量地推动驻地建设，本着“节俭实用，高效建家”的原则，修建多功能球场、职工书屋、职工之家活动室等场所；购买了卫星接收设备，统一配备了网络接收器，为员工开通了亲情电话，为所有参建职工统一配备了从国内海运而来的床铺、被褥、开水瓶等日常生活用品，为每一名出国员工注射疫苗，增强抵抗力；海外员工遇到实际困难，国内外联动，项目工会和公司工会总是想方设法帮助解决。同时，海外员工遇到大病等困难，中外员工都能伸出友爱之手，尤其是海外项目的员工者纷纷解囊相助，充分体现了海外员工互助友爱的团队精神，如东非经理部两名中方员工身患重病，组织员工捐款26万元，使海外员工感受到“家”的温暖。许多海外项目还参与当地的抢险救灾，资助当地学生和贫民，为他们购买各种文具，送去大米和粮食，树立中国公司在当地民众中的良好形象。例如，东非锡卡项目在得知当地一处居民区发生山体滑坡事故，4座居民楼被埋，立即组织项目大型设备到现场救援，受到了当地政府和群众的肯定。项目还根据当地缺水的情况，为驻地小学捐献了一口水井和两个储水罐，解决了附近小学长期用水困难的问题，得到了当地民众的赞扬。近年来，公司依托海外项目职工之家建设，在海外员工人文关怀方面做了一些工作，但离员工的期盼和上级的要求还有一定差距。在今后的工作中，还要不断完善和提升海外员工之家建设水平，更好的把公司海外员工的人文关怀工作做到实处，为海外员工的工作、学习、生活创造更好的条件，维护他们的合法权益，促进公司海外业务的快速发展，为国家实施“走出去”战略，树立中国公司国际形象，做出更大的贡献。 Humane Care for Overseas Staff And International Enterprise Enhancement Strategy Lang Baoguo _(Sinohydro Tianjin Engineering Co.，Ltd. Tianjin 300384)_ 【Abstract】】As for the humane care for overseas staff， enterprise trade union should show concern to both the mental and the real lives of staff， make sure they are well-paid and offer help to solve their difficulties. Those are of greater realistic significance in implementing humane care for overseas staff and promoting the "going outward" development strategy of the enterprise. 【Key Words】 overseas staff； humane care； enterprise development	__label__neg	null	null	null	null	null
en	hf cc0-1.0	https://huggingface.co/datasets/storytracer/US-PD-Books	British forestry, its present position and outlook after the war author: Stebbing, Edward Percy, 1870-1960 wa: ee LATIVE LIBRARY \| G a O : © BRITISH FORESTRY ITS PRESENT POSITION AND OUTLOOK AFTER THE WAR fe “ah ty Pr eh A ie [aaardsiquos.T SQ1Ta1Iy, GAMVOS-NIVY AHL AAAQ SNOT) AAVAH LNOdSNVAT OL YAGUAO NI SONITMVS ONOOA AO LNG AVOY V ONINVIA SUAUNIONY HONAYA 3940 3BRITISH FE ORESTRY Z ‘Saeaa \| ITS PRESENT POSITION AND # nh : OUTLOOK AFTER THE WAR &4""". BY EDWARD PERCY STEBBING HEAD OF THE FORESTRY DEPARTMENT, UNIVERSITY OF EDINBURGH WITH ILLUSTRATIONS LONDON JOHN MURRAY, ALBEMARLE STREET, _ WV. mh 1916 \| \| . - LIBRARY . he ‘ . * ee a hed SAE att a Sn get FN SMa Wnt 5. edn ae 5 ee Pod ae a onl Seca Pe ee CONTENTS INTRODUCTION PAGE EVELYN’S ‘‘ SYLVA’’ AND PRESENT TIMES . Sh Se PART I A NATIONAL PLANTING SCHEME ARTICLE ; I. FORESTRY: WHATITMEANSTOTHE NATION’ I Il. THE POSITION OF THE AFFORESTATION QUESTION IN THIS COUNTRY AT THE OUTBREAK OF THE WAR-—AND NOW. 13 Ill, A NATIONAL PLANTING SCHEME EEN IV. FINANCE AND PLANTING METHODS . i SF V. AFFORESTATION AND LABOUR. » 50 PART II BRITISH TIMBER SUPPLIES AND THE FORESTS OF RUSSIA VI. TIMBER SUPPLIES AND FAMINE PRICES . 55 VII. BRITISH TIMBER SUPPLIES AND RUSSIAN FORESTS p . , : SEN vi CONTENTS ARTICLE PAGE VIII. THE FORESTS OF RUSSIA IN EUROPE : 82 IX. THE FORESTS OF FINLAND AND EUROPEAN TIMBER SUPPLIES . . . - I04 X. THE FORESTS OF SIBERIA AND TURKESTAN . 130 XI, THE CEDAR (CEMBRAN PINE) TRADE OF ASIATIC RUSSIA . ; é ; . 154 PART III TIMBER SUPPLIES AND THE WAR XII, TIMBER SUPPLIES AND THE WAR—IMPORTS IN I9I3 ‘ d : x . 160 XIII. EFFECT OF SIX MONTHS’ WAR ON THE TIMBER SUPPLIES : : ; $ es XIV. TIMBER IMPORTS AND EXPORTS INIQI5 . 202 PART IV THE EMPLOYMENT OF WOMEN IN FORESTRY XV. WOMEN AND FORESTRY . ° . « 215 XVI. THE EMPLOYMENT OF WOMEN IN FORESTRY —!I . . . . . . 236 XVII. THE EMPLOYMENT OF WOMEN IN FORESTRY —I . 247 LIST OF PLATES FRENCH ENGINEERS MAKING A ROAD OUT OF YOUNG SAPLINGS IN ORDER TO TRANSPORT HEAVY GUNS OVER THE RAIN-SOAKED FIELDS . ; Frontispiece PLATE I. PLATE 2. PLATE 3. PLATE 4. PLATE 5. PLATE 6. PLATE 7. PLATE 8, PLATE 9, Reproduced by courtesy of the ‘‘Topical’’ Press Agency. FACING PAGE SCOTS PINE, STRATHORD. LARCH, CRAIG VIVIAN, PERTHSHIRE . . . . A FELLED AREA AND NEWLY PLANTED AREA, PEEBLESSHIRE ° . . ° . SCOTS PINE, BALUAN, BLAIR ATHOLL . . THIRLMERE, LAKE DISTRICT, TALLA CATCH- MENT AREA, PEEBLESSHIRE , : ° PLANTING IN A PEEBLESSHIRE GLEN . ° ““HYBRID’’ LARCH, MURTHLY. JAPANESE LARCH, BLAIR ATHOLL, PERTHSHIRE . OLD LARCH WOOD, MUCH UNDERSTOCKED, PEEBLESSHIRE . . . . ° FELLING OAK COPPICE SCRUB FOR PIT PROPS, HERMITAGE WOODS, DUNKELD. LOADING TRUCKS WITH PITWOOD AT A TEMPORARY SIDING ON THE HIGHLAND LINE . . OAK NATURAL REGENERATION IN THE QUEEN’S WOOD, FRITH PARK, SURREY e ° vii 6 22 28 34 39 40 42 Vili LIST OF PLATES FACING PAGE PLATE 10, PIT PLANTING AND MATTOCK PLANTING . 48 PLATE II. LARCH INTERPLANTED WITH DOUGLAS, MURTHLY. LARCH UNDERPLANTED WITH DOUGLAS, NOVAR, ROSS-SHIRE . . 52 PLATE 12. LADYWELL FOREST NURSERY, DUNKELD, PERTHSHIRE © . ‘ ‘ ; 1 ae a INTRODUCTION b EVELYN’S ‘‘ SYLVA’’ AND PRESENT TIMES To those who love the beautiful woods of this country or, in fact, any of the open-air pursuits connected with them, Evelyn’s classic Sylva will be well known. There is a fascination and at the present time a grave significance for us all in the quaint wording of its title— “ Sylva, or a Discourse of Forest Trees and the Propa- gation of Timber in His Majesty’s Dominions.” Perhaps never since it made its first appearance has the need for pondering over and acting upon the advice of this most remarkable and far-seeing man, as adumbrated in his Sylva, been so urgent as in these early years of the twentieth century. The Sylva was written at the instigation and under the auspices of the Royal Society, then recently founded under the patronage of Charles the Second (in 1662, Evelyn being one of the first Fellows and a Member of the Council). Evelyn is interesting on the objects for which the great Society was inaugurated: ‘‘ Those who perfectly comprehend the scope and end of that Noble Institution, which is to improve natural know- ledge, and enlarge the empire of operative philosophy, not by an abolition of the old, but by the real effects of the experimental, collecting, examining, and im- ix x EVELYN’S “SYLVA” AND PRESENT TIMES proving their scattered phenomena, with a view to estab- lish even the received methods and principles of the schools, as far as were consistent with truth and matter of fact, thought it long enough that the world had been imposed upon by that national and formalway of delivering divers systems and bodies of philosophy, falsely so-called, beyond which there was no more country to discover; which being brought to the test and trial, vapours all away in fume and empty sound.,”’ Amongst the first of the activities of the Society was the direct encouragement, through the publication of the Sylva, given to planting, then an urgent need of the day for the sake of the Navy. In confirmation of the Society’s interest in this matter we read in the opening paragraphs of the Preface to the Reader (4th ed.): ‘‘ After what the Frontispiece and Porch of this Wooden Edifice presents you, I shall need no farther to repeat the occasion of this following discourse; I am only to acquaint you, That as it was delivered to the Royal Society (on the fifteenth day of October 1662) by an unworthy Member thereof, in obedience to their commands; by the same it is now republished without any farther prospect: And the reader is to know, that if these dry sticks afford him any sap, it is one of the least and meanest of those pieces which are every day produced by that illustrious assembly, and which enrich their collections, as so many monuments of their accurate experiments, and public endeavours, in order to the production of real and useful theories, the propagation and improvement of natural science, and the honour of their institution.” PLANTING BY CHARLES II xi As evidence of the King’s interest in planting, even when allowance is made for the laudatory language of the age (and Evelyn was no mean courtier), the opening paragraphs of the author’s “‘ Dedication to the King’s Most Sacred Majesty,” 4th edition, dated December 5, 1678, is as worthy of remembrance now as it is impor- tant historically : “For to whom, Sir, with so just and equal right should I present the fruits of my labours, as to the Patron of that Society, under whose influence it was produced, so to whose auspices alone it owes the favour- able acceptance which it has received in the world ? To You, then, Royal Sir, does this Fourth Edition continue its humble addresses, tanquam Nemorum Vindici, as of old, they paid their devotions Herculi & Silvano; since you are our @eds wtruKds, our Nemorensis Rex; as having once had your Temple, and Court too, under that sacred Oak which You consecrated with your presence, and we celebrate, with just acknowledgment to God, for Your Preserva- tion. I need not acquaint your Majesty how many millions of timber-trees, besides infinite others, have been progagated and planted throughout your vast dominions, at the institution, and by the sole direction of this work ; because your gracious Majesty has been pleased to own it publicly for my encourage- ment, who, in all that I here pretend to say, deliver only those precepts which your Majesty has put into _ practice; as having, like another Cyrus, by your own _ royal example, exceeded all your predecessors in the _ plantations you have made, beyond, I dare assert it, all the Monarchs of this Nation, since the conquest of it. And, indeed, what more august, what more worthy your Majesty, or more becoming our imitation, than, whilst You are thus solicitous for the public good, we xii EVELYN’S “SYLVA” AND PRESENT TIMES pursue your Majesty’s great example, and, by culti- vating our decaying woods, contribute to your power, as to our great wealth and safety; since whilst your Majesty is furnished to send forth those Argos and Trojan hordes, about this happy island, we are to fear nothing from without it; and whilst we remain obed- ient to your just commands, nothing from within it.” It makes delightful reading and withal carries a moral. That the Royal Society, from its initiation, thus had the true welfare of the nation at heart in publishing the Sylva is borne out by certain remarks in the preface to the 6th edition, written by its editor, Dr. A. Hunter, F.R.S., over a hundred years later (August 1776). When contrasted with the above-quoted extracts from Evelyn’s Dedication they merit our earnest consideration : “Soon after the publication of the Sylva, which appeared in 1664,” writes Dr. Hunter, “ the Spirit for Planting increased to a high degree; and there is reason to believe that many of our ships which, in the last war, gave laws to the whole world, were constructed from oaks planted at that time. The present age must reflect upon this with gratitude ; and it is to be hoped that we shall be ambitious to receive from posterity the same acknowledgments that we, at this moment, pay to the memory of our virtuous Ancestors.’ The results of the action of the Royal Society in the - early days of the reign of Charles the Second, and of the industry and knowledge of their great Fellow, were to witness even more glorious achievements by the ‘‘ wooden walls” which their foresight enabled NEGLECT OF PLANTING xill the nation to build. For the planting which was the outcome, the direct outcome, of the publication of the Sylva safeguarded the nation from invasion by Napo- leon, enabled Trafalgar to be fought and won, and thus gave us security from invasion for a whole century thereafter. The ‘‘ wooden walls’’ have disappeared and steel ones have taken their place, but the need for planting is at the present time just as urgent as it was in Evelyn’s day. The timber and other materials are put to different uses but they are required in far larger amounts and for a far greater variety of purposes. Unfortunately our ancestors of the time of Dr. Hunter and subsequently did not follow the advice of the Sylva’s great author, and we are suffering accordingly. _ There was, it is true, a certain revival of planting in _ the latter half of the eighteenth and the early part of _ the nineteenth centuries. Before Hunter issued his edition of the Sylva the Royal Society of Arts had _ given attention to the question. Founded in 1754, the Society soon afterwards instituted a system of pre- miums and medals to be awarded to those sowing and planting up the greatest areas of land. Between 1758 and 1821, 127 gold and 40 silver medals were _ awarded in this way, in addition to pecuniary pre- ' miums. As a result of this enlightened policy a con- _ siderable amount of planting was carried out during _ this period. _ After about 1820 planting, save in a few exceptional \| cases, appears to have gradually ceased to be a hobby + of the landowner or to be considered as exercising any \| importance in the national economy of the nation. xiv EVELYN’S “SYLVA” AND PRESENT TIMES Let us accompany Evelyn for a short space in some of his reasons for writing the Sylva. It must be con- fessed that he is apt to ramble a little, but his rambling is altogether delightful. And it is all so entirely @ propos to our present needs in this direction. Evelyn is giving his reasons to the reader : “ If to this there be anything subjoined here, which may a while bespeak the patience of the reader, it is only for the encouragement of an industry, and worthy labour, much in our days neglected, as haply reputed a consideration of too sordid and vulgar a nature for Noble Persons and Gentlemen to busy themselves withal, and who oftener find out occasions to fell down and destroy their woods and plantations, than either to repair or improve them. ““ But we are not without hopes of taking off these prejudices, and of reconciling them to a subject and an industry which has been consecrated, as I may say, by as good and as great persons.as any the world has produced ; and whose names we find mingled amongst Kings and Philosophers, grave Senators and Patriots of their country ; for such of old were Solomon, Cyrus and Numa, Licinius, surnamed Stolo, Cato, and Cincinnatus ; the Pisos, Fabii, Cicero, the Plinys, and thousands more whom I might enumerate, that dis- dained not to cultivate these rusticities even with their own hands, and to esteem it no small accession to dignify their titles, and adorn their purple with these rural characters of their affections to planting, and love of this part of Agriculture, which has transmitted to us their venerable names through so many ages and vicissitudes of the world. “That famous answer alone which the Persian Monarch gave to Lysander, will sufficiently justify that which I have said, besides what we might add out _— PLANT FOR POSTERITY XV of the writings and examples of the rest: But since these may suffice, after due reproofs of the late impolitic waste and universal sloth amongst us, we should now turn our indignation into prayers, and address our- selves to our better-natured countrymen, that such woods, as do yet remain entire, might be carefully preserved, and such as are destroyed, sedulously repaired: It is what all persons who are owners of land may contribute to, and with infinite delight, as well as profit, who are touched with that laudable ambition of imitating their illustrious ancestors, and of worthily serving their generation. To these my earnest and humble advice should be, That at their very first coming to their Estates, and as soon as they get children, they should seriously think of this work of propagation also; for I observe there is no part of husbandry which men more commonly fail in, neglect, and have cause to repent of, than that they did not begin planting betimes, without which they can expect neither fruit, ornament, or delight, for their labours. Men seldom plant trees till they begin to be wise, that is, till they grow old, and find, by experience, the prudence and necessity of it. When Ulysses, after a ten years’ absence, was returned from Troy, and coming home, found his aged father in the field planting of trees, he asked him, ‘Why, being now so far advanced in years, he would put himself to the fatigue and labour of planting that, of which he was never likely to enjoy the fruits?’ The good old man, taking him for a stranger, gently replied: ‘I plant against my son, Ulysses comeshome.’ The application is obvious and instructive for both old and young.” It is curious how public duties and necessities repeat themselves throughout the centuries. For surely there never was a period in our history when the xvi EVELYN’S “SYLVA” AND PRESENT TIMES need for planting was more urgent than it is at the present time! Evelyn continues: ““ My next advice is, that they do not easily commit themselves to the dictates of their ignorant hinds and servants, who are, generally speaking, more fit to learn than instruct. ‘ Male agitur cum Domino quem Villicus docet’ was an observation of old Cato’s; and it was Ischomachus who told Socrates, discoursing one day upon a like subject, ‘ that it was far easier to make than to find a good husbandman’: I have often proved it so in gardeners, and I believe it will hold in most of our country employments. Country people universally know that all trees consist of roots, stems, boughs, leaves, etc., but can give no account of the species, virtues or farther culture, besides the making ofa pit or hole, casting and treading in the earth, etc., which require a deeper search than they are capable of ; we are then to exact labour, not conduct and reason, from the greatest part of them; and the business of planting is an Art or Science (for so Varro has solemnly defined it) and very different from what many in his time accounted of it; ‘ Facillimam esse nec ullius acuminis Rusticationem,’ namely, That it was an easy and insipid study. It was the Simple Culture only, with so much difficulty retrieved from the late confusion of an intestine and bloody war, like that of ours, and now put in reputation again, which made the Noble Poet write: Verbis ea vincere magnum Quam fit, & angistis hunc addeve rebus honorem! ‘Seeing, as the Orator does himself express it, ‘ Nihil est homine libero dignius,’ there is nothing more becoming and worthy of a Gentleman, no, not the “THIS NOBLE ART” SEV majesty of a Consul. In ancient and best times, men were not honoured and esteemed for the only learned who were great linguists, profound critics, readers and devourers of books, but such whose studies consisted of the discourses, documents, and observations of their forefathers, ancient and venerable persons, who (as the excellent author of the rites of the Israelites, chap. XYV., acquaints us) were not only obliged to instruct and inform their children of the wonderful things God had done for their ancestors, together with the precepts of the Moral Law, Feasts, and Religious ceremonies, but taught them likewise all that con- cerned Agriculture, joined with lessons of perpetual practice, in which they were, doubtless, exceedingly knowing, whilst, during so many ages, they employed _ themselves almost continually in it: And though nowadays this noble art be for the most part left to be exercised amongst us by people of grosser and un- thinking souls, yet there is no science whatever which contains a vaster compass of knowledge, infinitely more useful and beneficial to mankind, than the fruitless and empty notions of the greatest part of speculatists, counted to be the only erudite and learned men. An Israelite, who, from tradition of his forefathers, his Own experience, and some modern reading, had in- formed himself of the religion and laws which were to regulate his life, and knew how to procure things neces- _ sary ; who perfectly understood the several qualities of the earth, plants, and places agreeable to each sort, _and to cultivate, propagate, defend them from acci- dents, and bring them to maturity; that also was _ skilled in the nature of cattle, their food, diseases, remedies, etc., (which those who amongst us pass for the most learned and accomplished Gentlemen and Scholars, are, for the most part, grossly ignorant of, and look upon as base, rustic, and things below them) 2 xviii EVELYN’S “SYLVA” AND PRESENT TIMES is, in this learned author’s opinion, infinitely more to be valued than a man brought up either in wrangling at the Bar, or the noisy and ridiculous disputes of our schools, etc. To this sense the learned Modena. And it is remarkable, that after all that Wise Solomon had said, ‘ that all was vanity and vexation of spirit,’ among so many particulars he reckons up, he should be altogether silent, and say nothing concerning Husbandry; as, doubtless, considering it the most useful, innocent, and laudable employment of our life, requiring those, who cultivate the ground, to live in the country, remote from city-luxury, and the tempta- tion to the vices he condemns.”’ Thus Evelyn, to the ‘ Noble Persons and Gentle- men,” as he styles them, of his time. That he aroused the interest he set himself to cap- ture, the successful results, recorded by Dr. Hunter a century later, amply show. Their descendants, how- ever, strayed lamentably from the path so ably indi- cated by Evelyn. Nations have changed since the Sylva was written. The responsibility of maintaining a proper proportion of woods, managed on commercial lines, commensurate with the requirements of the population can no longer be entirely placed upon the shoulders of private pro- prietors. It has become the State’s business, but the nation as a whole is responsible that the State fulfils this obligation, a most solemn obligation, to its posterity. A hundred years of security from the danger of invasion. With a few brilliant exceptions, a total lack of interest, on the part of the State and proprietor alike, in planting, or the maintenance in the country CONSTANT NEED FOR TIMBER xix ~ of that amount of timber which a sudden emergency SS et Te So oo bey et ~ as _ might demand. An almost total reliance on imports of foreign produce, which our Navy was to undertake to see reached us; for so ran our justification for the neglect of planting, in forgetfulness of the fact that our main sources of supply might become closed, from causes over which the Navy had no control. This was the position when the greatest war in history burst upon us. We were caught totally unprepared and the results, from a financial point of view, were deplor- able. Prices mounted up to famine rates. The Admiralty, just as in the days of peril which arose a hundred years after Evelyn lived and died, though now for a different purpose, wanted wood. The War Office wanted timber, large amounts of it. During the. first twenty-two months of the war the materials have been obtained at the cost of millions of money. What would Evelyn have said to ash at 3s. to 4s. per cubic foot, its pre-war price of our day being Is. 6d.? There appears small reason to doubt that the action of the Royal Society in 1662, and of their chosen representative, saved the country a hundred years or so later; since sufficient oak timber was forthcoming to build the “‘ wooden walls’’ which gave us the command of the sea. No one can look into the future, but the present war has shown us the imperative duty which is laid upon each generation to see that sufficient planting is done _ in its time to ensure that the country shall possess a sufficiency of timber in its hour of need. The war did not find us so prepared. We are now faced with a position similar to that existing at the beginning of - xx EVELYN’S “SYLVA” AND PRESENT TIMES the reign of Charles the Second, so far as the urgent need of planting is concerned. The interest aroused in the Royal Society of that day was caused “upon occasion of certain Queries propounded to that illustrious assembly by the Hon- ourable, the Principal Officers and Commissioners of the Navy,” as the title page of the Sylva has it. Evelyn emphasises this in his introduction : “Since there is nothing,’ he says, ‘‘ which seems more fatally to threaten a weakening, if not a dissolu- tion, of the strength of this famous and flourishing nation, than the sensible and notorious decay of her ‘ wooden walls’ when, either through time, negligence, or other accident, the present Navy shall be worn out and impaired; it has been a very worthy and seasonable advertisement in the honourable and princi- pal Officers and Commissioners, what they have lately suggested to this illustrious Society for the timely prevention and redress of this intolerable defect. For it has not been the late increase of shipping alone, the multiplication of glass-works, iron-furnaces, and the like, from whence this impolitic diminution of our timber has proceeded ; but from the disproportionate spreading of tillage, caused through the prodigious havoc made by such as lately professing themselves against root and branch (either to be reimbursed their holy purchases, or for some other sordid respect) were tempted not only to fell and cut down, but utterly to extirpate, demolish and raze, as it were, all those many goodly woods and forests, which our more prudent ancestors left standing for the ornament and service of their country. And this devastation has now become so epidemical, that unless some favourable expedient offer itself, and a way be seriously and OLD FORESTS xxi speedily resolved upon, for a future store, one of the most glorious and considerable bulwarks of this nation, will, within a short time, be totally wanting to it.”’ Immediate and speedy planting was the chief note of Evelyn's bugle call. He was not concerned with planting schemes to cover a period of fifty years or more. His writings and personal exhortations to his friends and others produced the desired result; and lucky was it for this country that they did so, for the results of that crusade are incalculable. Dr. Hunter, in his “ Notes” to the 1776 Edition, briefly accounts for the state of the woods as de- scribed by Evelyn. The first attack, of any material consequences, on the woods of the country was begun ~ in the twenty-seventh year of the reign of Henry VIII, when that monarch seized upon the church lands and converted them, together with their woods, to his own use. As the whole kingdom was at that time plentifully stocked with all kinds of timber-trees, especially oak, the fellings then made did not seri- ously imperil the national timber supply. The deplor- able fellings and waste took place during the Civil War, from 1642 onwards up to the Restoration. Extensive forests, existing at the commencement of this period, were literally wiped from the face of the country, and have since been only represented by the name attached to them at the time they existed. Both royal and privately owned forests suffered almost equally. It was to remedy this state of affairs that Evelyn wrote. Andahundred years later Dr. Hunter’s aim in bringing out a new edition of Evelyn sought to xxil EVELYN’S “SYLVA” AND PRESENT TIMES arouse once again the “ Spirit of Planting.’’ The fol- lowing extract from his ‘‘ Notes,’’ penned 140 years ago, might almost have been written for the present time : “‘ The wants of the nation call for this supply. How many thousand acres of waste land are there in this kingdom, that at this present time produce nothing, but may be profitably improved by planting! Did men of large possessions but rightly consider this, they would carefully look over their estates, search out every useless bog, and plant it with poplars and other aquatics. They would examine all the waste grounds and set apart some for the cottagers, and apply the most barren and useless for plantations. Was such a generous spirit to prevail, we should hear few persons complaining that their ancient common rights are invaded, and that their extreme necessities have obliged them to emigrate to countries far less hospitable than their own. ” That Evelyn had commercial forestry in view, in the interests of the national welfare, and not merely the formation of plantations for sporting or amenity purposes, is evidenced by the following remarks on the subject of obtaining the new woods: “To attend now a spontaneous supply ”’ (7.e. from natural regeneration) ‘‘of these decayed materials (which is the vulgar and natural ’—and, he might have added, the cheapest—‘‘ way) would cost (besides the inclosure) some entire ages repose of the plow, though bread doth indeed require our first care: therefore the most expeditious and obvious method would doubt- less be one of these two ways, sowing or planting. eS ee —— wast A MOST IMPERATIVE DUTY \| Xxiil But, first, it will be requisite to agree upon the species: as what trees are likely to be of greatest use, and the fittest to be cultivated ; and then, to consider of the manner how it may be best effected. Truly, the waste and destruction of our woods has been so universal, that I conceive nothing less than an universal plan- tation of all sorts of trees will supply, and will encounter the defect ; and therefore I shall here adventure to speak something in general of them all; though I chiefly insist upon the propagation of such only as seem to be the most wanting and serviceable to the end proposed.”’ He aptly quotes Virgil, Georgics, II, in his plea for confining himself to useful, 7.e. commercial species : Sed neque quam multe species, nec nomina que sint, Est numerus; neque enim numero comprendere refert : Quem qui scire velit, Lybici velit equoris idem Discere, quam multe Zephyro turbentur arene. Evelyn is such a charming companion that it is difficult to refrain from accompanying him further in his ‘“‘ Discourse,’ but we have perhaps proceeded far enough to indicate that the objects which caused the Sylva to be penned once again face the nation. Plant- ing has become, for a variety of reasons, differing in de- gree but not in essentials, one of the most imperative duties the nation is called upon to see to. It may be held that thisis not the time to preach thiscrusade. We know that this is the excuse being given. But we also know that the nation is more wide awake in war time, more intent on setting its house in order. Putting off the work is merely to delay the time at which the crops will become ready for the axe. We have not to wait the hundred and more years necessary in Evelyn's xxiv EVELYN’S “SYLVA” AND PRESENT TIMES day, for we do not need now to produce oak for building the old ‘‘ wooden walls” of the country. Shorter periods will raise the crops we most require, but nevertheless these crops are as urgently needed to be planted by us in the interests of our posterity as were the oak trees for which the Sylva was in the first instance written, though the author, as a matter of fact, dealt with many species besides the oak. Planting work is not difficult. We know the species to use. In fact they and their characteristics were known to the Classic poets of old. As Evelyn says, Virgil (Georg. II) might have been writing of the beautiful woods of this country, now but a fraction in extent of what we require, in his well-known descrip- tion (I quote the translation in the Sylva)— Some trees their birth to bounteous Nature owe; For some without the pains of plafitifig Brow. With osiers thus the banks of brooks abound, Sprung from the wat’ry genius of the ground : From these same principles grey Willows come; Herculean Poplar, and the tender Broom. But some from seeds inclos’d in earth arise: For thus the mast-ful Chestnut mates the skies. Hence rise the branching Beech, and vocal Oak, Where Jove of old oraculously spoke. Some from the root a rising wood disclose ; Thus Elms, and thus the salvage Cherry grows. Thus the green Bays, that bind the Poet’s brows, Shoots, and is sheltered by the mother’s boughs. These ways of planting Nature did ordain, For trees and Shrubs, and all the Sylvan reign. Others there are, by late experience found. This planting question should no longer be delayed. Our waste lands should no longer be left unproductive, A DUTY TO POSTERITY XXV Is the nation going to see to it that this work is carried out? And may the nation hope that that Great Society which soon after its inauguration, as I im- plicitly believe and as Evelyn put it, awoke in the country the spirit for planting and thereby saved us from invasion in the days of Napoleon, will come to its aid once again and by its powerful support help us to secure that area of home woods which present-day necessities demand, which a full utilisation of our national resources and the campaign for thrift in all departments of life equally demand, and which our posterity is likely to so sorely need. ‘ one ere — wr Te re — FORESTRY AND THE WAR PART { A NATIONAL PLANTING SCHEME I FORESTRY : WHAT IT MEANS TO THE NATION For some years past forestry, by which is understood the afforestation, or re-afforestation, of portions of the waste lands of these islands, has been receiving a rather desultory consideration at the hands of the Government of theday. At various periods in the last score of years Royal Commissions have examined the question (and numerous witnesses), and have issued the results of their labours in voluminous Blue-Books. The appearance of these latter has afforded oppor- tunities for animated discussion amongst experts and those claiming some knowledge of forestry. But they have remained a dead letter so far as any practical application of the suggestions they have contained with reference to afforestation on a large scale in the interests of the nation. There are millions of acres of what has been termed waste lands in these islands, variously estimated at I 2 FORESTRY: WHAT IT MEANS TO THE NATION 4,000,000 acres in England, 4,200,000 acres in Scotland, 700,000 in Wales, and 1,500,000 acres in Ireland. It may be said at once that a considerable proportion of this area is suitable for tree growth; there are also about 16,500,000 acres of mountain and heath land in the two islands, part of which could be afforested. By planting up a portion only of the suitable tracts a large sum of money, which at present goes out of the country to pay for timber imports which we could grow ourselves, could be retained and be disbursed amongst our own people. Some of our best blood also, which up to the commencement of the great war was emigrating, could find congenial employment at home at the end of the war either in the woods or in those industrial businesses and factories which arise in the neighbourhood of wooded areas of sufficient size. It will be asked why, with a great war on our hands, worry about such problems as this one connected with forestry, since up to the outbreak little had come of the labours of various Commissions, that therefore the matter could not have been considered, either by the Government, the politician, or the economist, as of vital importance in the interests of the nation. The answer is to be found in the very fact of the incidence of the war and the unprecedented effect it must have, so far as the cheaper forms of timber are concerned, on the timber markets of Europe, if not of the world. Now, in these markets the United Kingdom up to July 1914 unfortunately reigned supreme, so far as our demand and our imports are in question, for we took approximately half of the total world’s imports of forest produce, co \| ele eee _ INCREASE OF PRICES 3 At first sight the war would not appear to afiect _ this matter, since we retain the command of the sea. That prices would rise in the event of a European war was a foregone conclusion. That they have risen for certain materials to an unprecedented degree is of course due to the closure of ports in the fighting areas, to German submarines, and to the shortage of freight vessels, so large a proportion of the mercantile marine being occupied with transporting troops and their impedimenta and supplies; whilst German vessels have disappeared from the oceans. Such rises are merely incidental ones, which the opening of the ports and an addition to the available vessels for transport _ purposes, other conditions remaining the same, would readjust to some degree. _ But there are other increases in prices which the _ end of the war is unlikely to see sink to their former levels. Much of the cheaper.timbers used in the build- _ ing trade and for numerous other purposes fall within this category. It will be admitted by those who have followed the course of the operations of the war, pro- vided they have some first-hand acquaintance with the _ terrain in which it is being fought, that a very consider- _ able destruction of forest is taking placeand has taken _ place within the fighting area. To this must be added \| enormous amounts of timber felled and used up in the _ preparation of trenches and fortified lines, which now _ run into many hundreds of miles; in the provision of _ Sleepers for the network of light railways behind the firing line and elsewhere, and so on. Young pole growth (7.e. young sapling woods) has been sacrificed wholesale to form corduroy roadways and for other 4 FORESTRY: WHAT IT MEANS TO THE NATION purposes. The destruction which has already taken place in this manner in Belgium, North France, and Poland must be immense. As is well known,Germany has been making wholesale fellings in the Belgian forests, and transporting the timber so cut into her own country—to save, doubtless, felling in her own woods. The result of all this destruction must inevitably react on the supplies available for use by the countries in which it has taken place. In other words, we must expect in the future to meet these countries as com- petitors in markets to which up to now they have not had to resort to any great extent. This is one point which should receive early and serious attention. But there is another which, although it has a direct relation to the above, is really distinct, and requires to be con- sidered apart. It falls within the category of passing or temporary problems, but it is likely to prove for us an exceedingly unpleasant one, and, so far as can be foreseen, an expensive one to boot. How are the towns and villages, the farms and tenements of all kinds of stricken and devastated Belgium to be rebuilt? How those of France and Poland ? House-building at the close of the war will be on a gigantic, a hitherto undreamt-of scale. Enormous amounts of timber will be required, of the cheaper kinds of timbers which are known to commerce as soft woods ; these are practically all conifers—pines (red and yellow deal), spruces, and firs (white deal) and the larches. It will be interesting and instructive to consider for a moment where these materials chiefly come from, ee ae a AREAS OF SUPPLY _ 5 We ourselves grow only insignificant amounts, usually _ absorbed and used locally, and now being cut out to _ supply a great deficit in imports. Our main supplies % are imported. The bulk of these come from Europe, _ chiefly Russia, Sweden, and Norway, with smaller amounts from France, Germany, and Austria-Hungary. _ Both Germany and Austria-Hungary, it is interesting - to note, possess large areas of well-conserved and _ managed forests, although their exports to us in the past have been comparatively small. Of the materials here considered, the bulk of the supplies, outside Europe, come from the United States of America and Canada. The export and import of heavy forest materials such as timber from and to any country is determined by the geographical position of that country. For a long time Sweden and Norway, ¢.g., have been felling their woods, and exporting the materials both to Europe (Great Britain, France, Germany, Belgium, Holland, Spain), and even to Africa and the Cape. Austria-Hungary before the war sent material to Germany, Italy, France, Greece, Turkey, Rumania, all of whom are her neighbours. Canada and the United States export their materials by the Pacific to Asia, and by the Atlantic to Great Britain, France, Portugal, and Germany. Russia exports largely to Great Britain—also, before the war, to Germany, France, and Holland. From our point of view, the great exporting country _ of cheap woods is Russia, who sent us in 1913 about _ £15,000,000 sterling worth of wood materials out of 7 te se Ee < Se ENR) SS =e a ae et CHR gy PEO 0 Pe Pe eee aor oe" Liege ee = tote _ 442,725,000. Since I hold the opinion that our im- our total import of forest produce for that year of _ 6 FORESTRY: WHAT IT MEANS TO THE NATION ports during the next thirty to forty years must largely come from the Russian forests, I deal fully with this subject in Part II. of this book. Next to Russia in importance come Norway and Sweden. These three countries send us the bulk of our supplies of these soft woods, either in the form of split or sawn, planed or dressed logs, or as pitwood for the mines, or as wood pulp, in such large demand for paper-making. The question, therefore, presents itself, What effect is the exceptional demand for these soft-wood timbers for house-building, etc., in the devastated countries likely to have on our home market—7.e. on the European timber market—in face of the great competition which it appears must inevitably arise with the advent of other European countries as bidders ? Building timbers will not be the only requirements. Wholesale refurnishing will also make considerable demands on the supplies. Unless very careful ar- rangements are made before the war closes, it ap- pears inevitable that we shall suffer, that our numerous industries which make use of timber of varying quality as a raw material will suffer, to a ruinous extent. As a nation we shall be helpless in the timber market, for we have no supplies of our own which, carefully husbanded, would enable us to tide over the next few years. Even in the pitwood market it was calculated in November 1914 that our total re- sources of this material in plantations in the country would be exhausted in two years! Since the com- mencement of the war fellings and thinnings have been made in many of our woods to take advantage ~~ Oe ee a a Pre I. NOW BEING FELLED IN BRITAIN CLASSES OF WOODS ATHOLL ESTATES, NEAR STANLEY, ARS OLD , AT STRATHORD ooD Scots PINE W . 42 YE e) Lye ust 1913 (Pitwood siz: nade, Aug st n 7 te o gj hinnin A small t PERTHSHIRE, 31 YEARS OLD. EAR DUNKELD, N OOD )CRAIG VIVIAN LarcH W Fhotos by Author. tweod size). arch 1914 (Pi M 1 le, just mac A thinning 6) ere sa # vS LORD SELBORNE’S MOVE 7 of the rise in prices for this material, Some of these fellings have been distinctly to the good, since they have enabled proprietors to get rid at a profit of poorly grown or wind or snow-broken woods—woods which two years ago would not have paid even the cost of felling and removal of this class of timber (vide PI. 8) ; for it could not compete with the foreign imported product of the same class, but infinitely better grown. But the amount of material so provided has been a ‘mere drop in the ocean of the demand which exists. And we are now exploiting our better-class com- mercial woods, Heavy fellings are now being made in these woods both at the instance of Government and in the interests of wood merchants. A Home Timber Committee has been appointed by Lord Sel- borne. It was a wise move and well timed. But its _ chief duties at present—its only duty of any import- -ance—is connected with the cutting down of such of _ the woods in this country as have a present com- mercial value. Its reference of appointment was confined to this matter. In spite of the very high _ Tates as compared with pre-war prices now in force, no _ Stipulation was imposed by Government demanding \| ‘that the woods disposed of in such a lucrative fashion _ should be at once replanted. There are two points in connection with these home timber fellings which Inight, without undue hardship, be insisted upon: (a) all woods purchased and felled by Government at the present high rates should be at once replanted by the Owner as a condition of contract; (b) the Home _ Timber Committee should keep a careful record of the amounts of material cut from the areas they purchase, 3 8 FORESTRY: WHAT IT MEANS TO THE NATION its nature, locality in which grown, etc.; for such a record will prove most valuable in future planting operations. \| From the foregoing it will become apparent, even to the man in the street, who pretends to no first-hand knowledge of the aims of forestry in a country nor of the timber markets of the world and their idiosyncrasies, that the present position would appear to require im- mediate consideration, and firm yet delicate handling, with the object of arranging for our future needs in timber, etc., and in order to prevent serious and un- necessary competition in the European markets at the end of fhe war. For, as matters stand, such com- petition would take place almost solely between our- selves and our Allies. The problem requires organising to prevent corners being made by speculators. Steps © should be taken to ascertain so far as is possible the © amounts of timber which will be required for the \| rebuilding of the houses within the devastated area ; we should endeavour to ascertain in good time the available amounts of timber for export in Russia, Norway, and Sweden; and from our own Empire, Canada, Newfoundland, etc., and, finally we should come to a definite understanding with our Allies under which some arrangement with reference to the timber available for export should be made in order to prevent a competition which would send up prices to a ruinous extent. Since the United Kingdom has been by far the largest importer in the past, and is consequently the country which will feel competition in the markets the most ee severely, it would seem to be our business and to © Pt 2. NEWLY FELLED AREA AS LEFT UNCLEANED BY TIMBER CONTRACTOR. The area will have to be first cleaned by the forester before planting up. Peeblesshire, February 1913. W.A. Fraser, photo. “g . wise OQ: Coa a “ar al YOUNG PLANTATIONS ON THE HaysTOWN ESTATE, PEEBLESSHIRE. A wind-swept ridge in foreground which has proved difficult to plant up. 8) NEED OF CAPITAL 9 our interest to take up this matter, and to come to an understanding with our Allies on the subject, and, if possible, with neutral countries such as Norway and Sweden, as soon as possible. In this connection one of the first problems requiring solution is, as has been indicated, to ascertain the amount of timber which it will be possible for Russia, Norway, and Sweden to export for the next few years. It should not prove a difficult business to obtain fairly close enough estimates of these amounts. Russia, as is well known, has vast forest resources, and, as will be shown, she has been one of our chief suppliers for some years past. But to tap these supplies capital will be necessary, and organisation. With the inflated values of timber it may be thought that capital should be easily forthcoming. But the war will not leave Russia with any capital to devote to the purpose, a busi- ness in which she will not have as vital an interest as we ourselves. We shall be the hardest hit by a failure in our timber supplies, as we are in fact at the present moment. As regards neutral suppliers, Norway and Sweden might be inclined to hold up their supplies and be unwilling to cut up to their annual increment, or even over it, to take advantage of an enhanced market, in the hope that prices might go higher. Any action tending to the holding up of supplies at the end of the war would have serious and disastrous effects, and the _ risk should be removed by previous agreement between _the parties concerned. Whatever steps it may be decided to take, it would appear advisable for the Entente Powers to discuss and settle the problem. For none will have money to fritter away in operations 10 FORESTRY: WHAT IT MEANS-TO THE NATION which, owing to unnecessary competition, are rendered more costly than they need have been. We may now briefly look a little further forward, and examine the position of affairs as it is likely to affect this country for the next score or two of years. It is probable that we are faced with a permanent increase in the price of timber materials. What action should then be taken by the nation ? Should we not take up this afforestation problem in a business-like manner, and give up treating it as either a plaything of the politician or an amusing if expensive hobby of the landed proprietor ! Some beginnings of State afforestation have been made in Ireland. The conditions in that island favoured the acquisition of land by the State for the purpose. In England and Scotland the conditions are different. Education in forestry has been receiving the close attention of the Development Commissioners, and very considerable progress has been the result. Some of the larger city corporations have commenced to afforest the catchment areas of their water supplies. A few of the largest landed proprietors, especially in Scotland, have considerable areas of woods managed on a commercial basis. Broadly speaking, this is the present position. We shall discuss it at greater length in a subsequent article. Afforestation from the commercial point of view, the only point of view of any real value to a country requiring the large amounts of raw forest material annually needed by us for our indus- tries, our manufactures, and so on, has not got beyond the talking stage. To the public at large commercial forestry is still an unknown industry. Its necessity Se RE ss. eh A COMMERCIAL CONCERN II and its possibilities are little understood. Asa re- _ sult of this apathy on the part of the nation, we are now faced with a very serious position. It has become _ imperative, in the interests of the community, that a certain proportion of the plantable waste land in these _ islands should be placed under woods at as early a date as possible. __ How is this to be done? It will be obvious that it is quite beyond the power (t.e. the purse) of the private individual, unassisted. Forestry is not like agriculture. Long periods have to be passed before the harvest can be reaped, ordi- narily sixty to eighty years for timber. It isa State business. Forestry to be a success can only be under- taken on a commercial scale. Large areas are re- — _ quired, and these areas must be in contiguous blocks of from five hundred to several thousand acres of compact woodland. Only in this way can forestry _ be made to pay as a commercial concern. For with such areas the felling and extraction of the material is facilitated, and the subsidiary industries which arise in countries possessing a considerable head of popu- lation can be supplied with the raw products they require. This is not the duty of the private pro- _ prietor. He can assist materially when he owns __ compact areas of woods such as, in fact, exist on a few _ of the large estates in the country ; or, again, a number of smaller proprietors can similarly assist by clubbing ‘together woods or waste lands lying adjacent to one another, and working them as one area under a trained forester. The small areas of woodland dotted so picturesquely over the countryside in these islands 12 FORESTRY: WHAT IT MEANS TO THE NATION are useless from the commercial forestry point of view. Nor can their owners make them pay or expect to be able to do so, since there is no continuity in supply of materials from such areas, and without such con- tinuity it isnot to be expected that the wood merchants will be able to offer a remunerative price for the timber, nor can the railway companies be expected to provide cheap facilities for its transport. These have been the troubles of the past. They have been gradually coming more and more into focus. The Great War has brought them to a head. The question, then, before the nation is—How are we going to set about the afforestation of our large waste areas on a scale commensurate with our neces- sities, in order that succeeding generations may not be left entirely at the mercy of foreign countries so far as its timber requirements are concerned? For this is our present position, II \| THE POSITION OF THE AFFORESTATION QUESTION IN BRITAIN AT THE OUTBREAK OF THE WAR—AND NOW In the introduction to these articles attention has been drawn to the remarkable parallel existing between the afforestation question as it confronted the country in the early days of Charles II and the present time. We are in infinitely better case to-day, for we have not now to wait the long periods necessary for the growth of large oak timber such as was required to build the ships of the old Navy before the introduction of the steel-built vessel. Thirty-five to forty-five years will suffice to produce pitwood crops and paper-pulp wood, and double this period most of the other conifer wood we so largely need. Before dealing with a suggested planting scheme for this country, it will be advisable to glance at the more recent past history of the afforestation question, and _to visualise the extraordinary, the startling, apathy in _ the light of our present war requirements in timber materials, with which the whole subject has been re- garded in the past by Government and public alike. To briefly recapitulate the earlier part of the his- tory of this matter. We have seen that the planting revival which took place in Evelyn’s day as a result of 13 14 POSITION OF AFFORESTATION QUESTION his work carried out under the auspices of the Royal Society was successful in providing the Navy with its requirements a hundred years later, It has also been shown that this excellent work was not continued after 1820 or thereabouts. The nineteenth century saw a change in the materials required for shipbuilding and the removal of import duties from colonial and foreign timber ; economic factors which may be said to have sounded the death knell of British forestry, already in a moribund condition. It became unprofitable. And yet it had been a profitable rural industry for centuries in this country. It was not that the industry would not still pay. It was simply that the old English methods of growing timber which dated from 1540 or thereabouts, and which in that period had spread throughout this island and across into Ireland, no longer provided the clean stems free from knots required by the market. The markets had changed both in this respect and in the kinds of timber (species of tree) they required, and we continued on the old lines growing material for which there was no demand.' Practically throughout the latter half of the last century the woods came to be looked upon chiefly from the point of view of game coverts and ornaments to large estates. \| We depended almost entirely on imports for our sup- plies of forestry materials. It is not proposed to burden this article with a wealth of statistics. Figures, we all know, can be made to show anything. But it will be necessary to glance at the areas of land in Great Britain and Ireland and 1 This subject is dealt with at greater length in Article XII, pp. 163-5. ive a ee PERCENTAGE OF WOODLANDS 15 the proportion of woodland and mountain and heath land to totalarea. Roughly speaking over nine-tenths of our wood imports are of coniferous timber. Now coniferous trees are just the class of trees which we could grow, and grow successfully, on our derelict and waste lands, which aggregate roughly over 16} million acres. Britain, once covered with forests, is now one of the most poorly wooded countries in the world. The land areas are roughly as follows: Mountain Percentage. Land Area. \| Woodlands. ov Wood- \| Waste ; land. land. acres, acres. acres. England 32,381,000 \| 1,666,000 \| 2,306,000] 5°1 71 Scotland 19,069,000 \| 879,000} 9,375,000] 4°5 48°1 Ireland 19,323,000 \| 303,000} 3,780,000] 1°5 18°5 Wales 4,748,000} 182,000} 1,251,000] 3°8 26'2 TOTAL. - 175,521,000 \| 3,030,000 {16,712,000} 3°9 21°6 The percentage of woodlands in Great Britain and Ireland is 4 only. The area of mountain and heath land runs to over 164 million acres, and much of this at present brings in a very small annual return, roughly, save in exceptional circumstances, from 2s. 6d. per acre to a few pence per acre only. There is a good deal of the latter in Scotland. I will commence by briefly indicating what we have been doing towards attempting to ameliorate the returns from this poor land. During the past quarter of a century several Com- mittees have been appointed to deal with the forestry guestion. The result, so far as the actual planting of 16 POSITION OF AFFORESTATION QUESTION woods for commercial purposes is concerned, has been nil. Nota tree has been planted. In 1887 a Parlia- mentary Committee considered this question and made recommendations. Had these been given effect to and had planting on a considerable scale been under- taken asa result, we might now have had a series of woods from which we could have drawn a supply of pit timber for the mines. Well-grown woods of this age are, where they exist in this country, actually being cut down for this purpose at the present moment. But we did nothing ! Again in 1902-3 a Departmental Committee of the Board of Agriculture reported on the subject. Unfortunately it did not advocate any large planting scheme, but made valuable recom- mendations on the subject of a more extended system of forestry education. Effect was given to these recommendations in different parts of the country, and the question has since received hearty support from the Development Commissioners. But no plant- ing was done. In 1908 a Committee appointed by the Department of Agriculture in Ireland recommended a scheme of planting up 700,000 acres in that country. Purchases of land for this purpose by the State were commenced in Ireland and the work has since received considerable support from the Development Com- missioners, and what may be termed a State Forestry Department has come into existence in Ireland. In 1906 the Royal Commission on Coast Erosion and Afforestation was appointed. The Committee examined numerous witnesses, including all the expert advice procurable, and issued its Report in 1909. This Report recommended the planting of 9,000,000 {gz ‘loyyny Aq oJOYd =“"eI61 [dy ‘WOTeADO IIMO’T ‘d1IQO SUVAX ZV ‘ANIHSHINAG “VIOHLY YIVIG ‘GOOM NVO IV “ANIG SLoas FORESTRY IN SCOTLAND 17 acres by the State, of which 6,000,000 were to be planted in Scotland and the balance in England, Wales, and Ireland. With the exception of Ireland nothing was done. No planting was undertaken in Great Britain. In 1911 a Departmental Committee on Forestry in Scotland was appointed and issued its report in 1912. In addition to recommendations on the subject of forestry education and the acquisition of a Demon- stration Forest Area, the question of afforestation in Scotland was considered. Flying surveys of the country were advocated in order to ascertain the avail- able planting areas, the establishment of a limited number of State trial forests, and the appointment of _ an Advisory Forest Officer. The last recommendation of the three has been given effect to. In 1912 a very practical Report appeared entitled ‘‘ A Forest Survey of Glen Mor and a consideration of Certain Problems arising therefrom.’ This Report was drawn up by Lord Lovat and Colonel Stirling of Keir, late Presi- dent of the Royal Scottish Arboricultural Society, and was published under the auspices of that Society. The following extract from the Preface gives the reasons aimed at in the preparation of this Report: “ This survey is the first serious attempt to grapple with the economic difficulties which confront affores- tation in that part of Great Britain” (to wit, Scotland) “where the largest extent of plantable land—that is to say, land sufficiently good and sufficiently cheap— is to be found. It would have been easy to select an area where most of these difficulties would have been avoided, and tocreatea forest under ideal sylvicultural 18 POSITION OF AFFORESTATION QUESTION conditions within a ring fence. Such areas do exist, and no one will deny that they have the first claim on afforestation. But if sylviculture is to become a leading industry in the Highlands of this country, as it is in those of France, Belgium, and Germany, and to be an important source of national wealth and national employment, as it is in those countries, it must invade the wintering of the high sheep farms and deer forests which occupy the bulk of northern Scot- land. The writers have therefore, at the request of the Council, deliberately set themselves to face the difficulties which have there to be met. “The Council believes that the Report establishes the following propositions :— “I, That it is possible to create forests in the High- lands, even in districts where the economic conditions appear most adverse, without seriously impairing existing sources of wealth. “2, That afforested areas will, even in the early stages of the movement, gain greatly in employment and population. “3, That the actual work of planting can and ought to be cautiously begun as soon as the progress of the Survey justifies the selection of definite areas.” This Report in effect practically drew up what the scientific forester would term a Plan of Operations for the afforestation of 60,000 acres in Glen Mor, through which runs the Caledonian Canal. To those interested in the matter and to the nation at large, a perusal of this interesting and valuable scheme may be recommended. The war has doubtless altered to some extent some of the economic problems upon the existence of which the Report is based, but its un- deniable value still remains, : ee “ - : a ee P\bere; eee gad ” A NATIONAL WORK 19 _ The Development Commission was appointed in May _ Ig10. During the six years of its existence it has en- _ thusiastically taken up the forestry question. Briefly, _ at the outbreak of the war as a result of the work of _ theCommission the position was as follows. In England \| the counties had been formed into natural groups and _ a Forestry Adviser been appointed to each group, the _ salaries of these officers being paid from a grant from _ the funds at the disposal of the Commission. In _ Scotland an Advisory Officer to the Board of Agricul- ture had been appointed and Advisory Officers were being appointed in the west and east of the country. _ The Forestry Advisers in both England and Scotland were attached to either the University or Agricultural _ College existing in their centre. But the Commis- _sioners had gone farther than this. They recognised that if the large areas of waste land existing in this country, eminently suitable for afforestation, were to _be planted up, it was no longer possible to expect private proprietors to be able to find the necessary money. In fact, they realised that the work had now become a national one. The problem was admittedly ‘difficult, but after careful inquiry into the various _ conflicting interests they offered a solution on the _ following lines. ___ The owners of the greater bulk of the afforestable _ land in blocks of size suitable to achieve the aims of commercial forestry consisted of large City Corpora- tions, Water Trusts of the great cities and towns ‘possessing large catchment areas, and large landed proprietors. To such bodies and proprietors the Commissioners \| t j { ; ’ 20 POSITION OF AFFORESTATION QUESTION were prepared to provide money for afforesting suit- able areas on the understanding that the land should be reserved for afforestation on commercial principles for at least one complete rotation. No rent would be paid for the land, but the landowner would receive a fair share of the proceeds for the timber grown on the area. The Commissioners would advance the money required for the planting work. The landowner’s share of the ultimate proceeds would be based on the proportion which the value of the land bears to the estimated capital expenditure required to produce the crop. The proportion of the receipts to go to the owner of the land were to be a matter of negotiation and arrangement between the proprietor and the Develop- ment Commissioners at the start in each case. It would be based on the present rental value of the land, its character and other circumstances affecting the finance of the scheme. Owing to the necessarily great variation in these data, it was not possible to draw up any general terms of assistance. The only stipulations, or probably the chief ones, laid down for advances of this nature were that the land to be planted should be in a sufficiently _ large block (500 to 1,000 acres) to be commercially ° exploitable when the woods reached maturity, and that these latter from the time of formation should be skilfully managed in accordance with a previously drawn up working plan and regular inspection by the District Forestry Adviser. It was also laid down that the afforested areas should be available as demon- stration areas for the use of students and others PRE-WAR EFFORTS 2 interested in forestry ; a condition which bas been readily accepted. The sums advanced were to be on a maximum basis of {5 per acre, including the fencing of the plantations, the loan to carry an interest of 3 per cent. Up to the outbreak of the war loans of this nature had been made or promised for the afforestation of their catchment areas to the following Corporations and Water Trusts in England and Scotland : ENGLAND Liverpool._—A large area on Lake Vyrnwy in North Wales is being afforested on the above conditions, Liverpool] having led the way in this new departure, readily acquiescing to the condition that the area _ should be available as a demonstration area. Manchester.—Has been afforesting her catchment area at Thirlmere during the past twenty years out of funds provided by the Corporation. Birmingham.— Has a magnificent unplanted area in Central Wales, and has been for some time considering the question of afforesting it. Leeds.—Is also contemplating the advisability and advantages to be gained by afforesting the land of this nature it possesses. SCOTLAND Edinburgh.—The Edinburgh and District Water Trust have commenced the afforestation of 600 acres of the Talla catchment area, and are also afforesting areas round the smaller reservoirs. The members of 22 POSITION OF AFFORESTATION QUESTION the Edinburgh Water Trust by their enlightened policy thus led the way in this matter in Scotland. Lanarkshive.-—A scheme for afforesting part of an area Of 5,000 acres on the Camps catchment area, owned by the Lanarkshire County Council, has recently been adopted by that enlightened body and the planting work has been commenced. Other places are also considering the matter, but for various local reasons have not yet started their schemes. It will be seen, therefore, that a commencement of this important work had been made before the war broke out. Still more significant perhaps is the fact that a number of the business men of the country had shown by their acceptance of the offer of the Develop- ment Commissioners that they realised the great possi- bilities of afforestation in this country. And this realisation had come to them before the war. The aspect of the question has now entirely changed. As has been shown, the price of timber in the future will certainly be greater than in the past, and affores- tation will prove a paying investment. IRELAND The land conditions in Ireland are different and a State Forest Department is now in existence. Land has been purchased and three large centres are now ~ owned by the State, and are being planted out of funds — from the Development Commissioners. These areas — are in Central Wicklow, County Cork (Ballyhoura), and ~ in Queen’s County (Slieve Bloom). This was, broadly speaking, the position of affairs : % Fue - >... PES As THIRLMERE, LAKE DISTRICT: A CATCHMENT AREA OF THE MANCHESTER CORPORATION, Now BEING PLANTED UP, SEPTEMBER 1913. “Tatra CaTCHMENT AREA, EDINBURGH AND District WATER TRUST, Now BEING PLANTED UP, APRIL 1914. PHOTOS BY AUTHOR. 22] A PAYING PROPOSITION 23 at the outbreak of war. Now it is not open to doubt that the war has intensified the urgency of the affores- tation question in this country. However near to _ their former level we may be able to bring prices, the _ tendency of the future will be an inevitable increase. } " For years the possibility of a timber famine in Europe has been discussed by experts as the probable outcome of the utilisation of the accessible available supplies in different parts of the world. That prices would \| = risen in a comparatively few years even without _ the war wasacertainty. The war leaves the question in no doubt. Consequently forestry, commercial forestry, will be an even more paying proposition in the future than would have been the case. And I believe all experts are convinced that far from postponing the matter for any further future _ consideration steps should be taken now to prepare schemes of sufficient magnitude to ensure both suc- cess and adequate supplies for posterity. Asa nation we are ever more wide awake in times of stress and danger, and since peace failed to bring this question home to us, even with the numerous Committees and Royal Commissions which have sat upon it, may we not hope that the stress of war and the price we are paying for our fathers’ dilatoriness may rouse us to its great urgency ? Had our grandfathers, sixty to seventy years ago, planted up a proportion of the waste lands of these islands we should have been saved a large sum of money and a great deal of anxiety during the past year and three-quarters. Had our fathers planted thirty or forty years ago the pitwood required for the mines would have 4 24 POSITION OF AFFORESTATION QUESTION been available in this country, and the great trouble to which mineowners were put and the ruinous prices they are paying for their timber, and we are all pay- ing for our coal, would not have existed. Paper pulp from areas of spruce woods which many parts of our lands can grow to perfection would also be available, and the Press would not be faced with the position in which the action of a neutral and of our own Govern- ment has now placed them. With these facts staring us in the face, will it not strike us that the crusade preached by Evelyn two and a half centuries ago and the spirit for planting—as it was quaintly termed—which it aroused, should once again be raised throughout the country, and that the few who have preached it in and out of season during the last quarter of a century should now have the © nation at their back ? ; _ After all, it isa question for the country. There are , 3,000,000 acres of so-called afforested land—of wood- — lands. And we have, say, 9,000,000 acres of afforest- able land; put it at 7,000,000 or even 5,000,000. It will do to go on with. It has been stated by many who know what they are talking about that this land or much of it will bring in more under trees than under any other form of cultivation ; or, to put it in another way, that this land will prove a greater national asset \| under woods than managed in any other way. Why \| not then set to work and get it planted up? If for no ~ other reason than the one of national economy, the matter must be regarded as one of urgency. We can no longer afford to leave any source of national ; \| wealth unexploited. We must all agree that it has _ SS ee ae ee e a < ieee Sc ADVANTAGES OF PLANTING 25 become a duty—a national duty—to see that every acre of land in this country is made to bring in the best return possible in the interests of the community asa whole. Well, there exists a considerable acreage _ of land which experts are agreed is not bringing in anything like an adequate return. This land can be _ made to grow produce which is in great demand in _ the country, and which in the absence of home-grown _ supplies necessitates large imports which have to be _ paid for, and which are going to be more expensive \| in the future. The aspect of the forestry problem has entirely changed from its pre-war position. The _ prices for timber are not likely to fall to their former _ level. So long as prices were low there was a good _ deal to be said for those who were against afforesta- tion in this country. The arguments they urged had a certain element of soundness, as, e¢.g., the contention _ that forestry would not return even the 2} to 3 per cent. claimed for it. The Great War has swept away such doubts and arguments. Prices have gone up and the nation is now assured of successful financial -Tesults from its afforesting work. On all counts the _ planting of this land will be of immense advantage to us. It will save imports, employ labour, and help home industries. In the last connection it will do more than help. It will result in establishing new ones. For the maintenance of a considerable area of forest in a country leads to the establishment of sub- sidiary industries such as paper-pulp mills, saw mills, bobbin mills, furniture manufactories and soon. And these afford employment to a considerable head of population. 26 POSITION OF AFFORESTATION QUESTION All that appears to be wanted is a plan of campaign and a favourable hearing from Government. It is not demanded here that additional work should be piled upon already overworked and harassed officials. It cannot be the desire of any one to add any extra burden to the heavy ones already being shouldered by the Government. Rather the reverse. But at the present time it becomes a duty of each one of us to do all in our power in the interests of national economy and thrift. The termination of the war is an indefinite period. Meantime there are large areas of land in this country which can be better utilised in the national interest, given the inauguration of a suitable scheme. Trees take a long time to grow: even the shortest ro- tation for a tree crop is approximately half of the pro- verbial ‘‘three score and ten years.’’ Therefore each year which elapses without a commencement being made in remedying the deplorable state of affairs is a waste of national resources which can easily be ex- pressed in pounds, shillings, and pence. There are men in this country perfectly acquainted, by knowledge, training, and experience, with such work, who would be quite capable of organising a scheme of this nature and of seeing that the nation got a full return for the capital sum laid out. Is it too much to expect that the country will realise the economic importance of getting these millions of derelict acres under a profitable crop, and insist on the job being put through ? a Sl aa I Ill A NATIONAL PLANTING SCHEME _It has been shown in the previous article that we possess in this island considerable areas of land, run- ning into millions of acres, which are entirely suitable for planting, that these areas are in fact more suit- able for growing crops of trees than for any other purpose, and that by planting them up at the earliest opportunity we shall be putting into practice that campaign of thrift, economy, and the conservation of national resources which the Government of the day are so earnestly preaching. The present position as regards prices of forestry materials has also been alluded to. The important question involved in the application of methods by which these prices can be reduced to a more normal level and that other equally serious one—the question of making some arrangement by which our timber supplies can be placed on a sound basis during the period our newly planted timber crops are reaching felling size—are matters outside the province of this article and will be considered in a subsequent one. We are here concerned with the afforestation of the derelict areas in this country ; with, in fact, the inaugu- ration of a planting scheme of adequate dimensions. 27 28 A NATIONAL PLANTING SCHEME The abortive attempts of the past quarter of a century by various Royal Commissions and Committees to tackle this planting problem have been already re- viewed. One and all have made recommendations. Almost without exception the urgency and necessity of undertaking planting operations has been admitted. Some of the schemes were too meagre and small; others were said to have been too bold and large. But without exception they met the same fate. Nota plant was put in as a result of the labour given and money spent. The apathy of the public on this subject, an apathy born of ignorance, was complete. And the Govern- ment of the day, satisfied with this evidence of the lack of public opinion and public interest in the subject, and being almost equally ignorant of the economic aspects of the case—for were we not getting with ease all we required from across the seas ?>—were only too well content to let the matter drop. In those days economy in running the nation was not an urgent busi- ness, nor any one’s business, nor did it appear to matter that we possessed millions of acres of land—land lying derelict—which could grow so much of the forestry materials which we were content to import and to pay for. The planting of this land would apparently give rise to contention, would be objected to, and so the Government of the day were only too glad to appoint a Commission, let the matter simmer, boil over in the Press, and relapse into oblivion once again. The position has with so many others altered with the coming of the Great War. We can no longer ignore the fact that the land is SRS TRADE LY IE I oy glk . oe PO yee THE PLANTING UP OF A GLEN. Young plantations of larch (above the road), Douglas and common spruce (below road), Haystown Estate, Peeblesshire, February 1913. W. A. Fraser, photo. é . ‘ ‘ . i i “ . ‘ 4 ‘ - rs a Py - { , = f ; ; } ‘ >. he i ¥ =) 4 By 4 + - , 7 ‘ . ) ' ‘ ‘ « . : ‘ ‘ . ; r , > ) = ‘ ; ’ 2 ‘ THE ONLY SAFE COURSE 29 there waiting to be planted. We can no longer shut our eyes to the fact that to leave these derelict areas unplanted any longer will be a national disgrace and at the same time prejudicial to all efforts on the part of the Government to preach a thrift campaign. Weare aware that immense destruction amongst young pole crops has taken and is taking place on the Con- tinent within the fighting areas (vide frontispiece). In this country we are perforce sacrificing consider- able areas of young woods and felling old ones of any value, since we must supply the urgent needs of the country. It is impossible to forecast the future, but that the demand for timber materials forty years hence is likely to be larger even than at the present day is at least a strong probability—and prices will be higher. It rests with this generation to say whether they will leave their posterity to face a worse position, if this is possible, than we are in to-day. The only safe course, practically the only course, to follow is to undertake at once the planting up of such parts of our available waste lands as are obviously capable of growing a good marketable crop. The selection of such areas would be comparatively easy once a definite policy were laid down and the campaign properly organised. It would not be advisable or necessary during the first few years to deal with exposed areas or to go up to doubtful altitudes. No heroic measures are demanded or necessary. The country has been already divided up into forest districts, each comprising several counties, to each of which a forestry adviser has been appointed. In these districts the most suitable areas for immediate planting are probably 30 A NATIONAL PLANTING SCHEME already known,or could be quickly ascertained ; the only necessary stipulation being that the planting blocks should have a minimum size of, say, 500 to 1,000 acres. The land selected would mostly belong to private proprietors, municipalities, and so on. It would be necessary to come to terms with them. It should prove feasible in certain cases to do this on the lines already laid down by the Development Commissioners on the principle of shared profits, the Government finding the money for planting and fencing up to a certain prescribed sum per acre, and the proprietor of the land and the Government sharing the profits resulting from the crop raised, after the repayment of the loan. The proportion of profits to be shared would naturally vary with the value of the land, and would vary in individual cases. This was the proposal before the war, and as has been shown, was accepted by certain corporations and water trusts. A more recent offer of the Development Commis- sioners differs from the above. To meet suggestions made by landowners it is now considered possible that the latter may prefer to lease areas of considerable size for planting, and to receive the annual rental plus a percentage of the ultimate profits from the woods as afforestation value on renewal of the lease. And this would appear an equally fair arrangement to both parties. \| Lastly, Government may purchase land for afforesta- tion and become the owner of a certain proportion of the forest area of the country. The question of national afforestation then may be approached in several ways, all of which, with the eg eee WASTE LANDS 31 varying conditions obtaining, are worthy of considera- - tion. To put them as briefly as possible the methods open to us are: (a) The lease and afforestation of waste lands by Government, the proprietor sharing in the expenses and profits. (6) The lease and afforestation of waste lands by Government. (c) The purchase and afforestation of waste lands by Government. . Any one of these methods should produce satis- factory results given a correct choice of method for a particular locality and efficient management. Ifpublic funds are to be sunk in this industry, and the war can have left us in no doubt now that a certain sum will \| -have to be allocated for the purpose, efficient manage- ment is a sine gua non. Such management can only be obtained by the establishment of Forestry Branches in the Departments of Agriculture with their own personnel and funds. Commercial forestry cannot come into existence in the absence of such branches, and unless the matter is treated solely from the business and commercial point of view the public money de- voted to it will be wasted. It is unnecessary here to go into the details of what “ efficient management ”’ implies. Both Government and public alike may rest satisfied that they have in this country men who are fully capable of carrying out afforestation schemes without the waste of public money entrusted to them for the purpose. It is no longer necessary to go to Germany to seek advice. In fact, Germany has far too long clogged our feet in this matter, both in this 32 A NATIONAL PLANTING SCHEME country and elsewhere, to the detriment of all real progress. We know what we want, we know what we can do, we know what dangers we have to confront : and once we undertake the proper protection of our woods, a branch which has been entirely neglected in the past, if we except the unnecessary extravagance of protection from vermin, e.g. the rabbit, we can show as good financial results as anywhere on the Continent of Europe. All that has to be settled is which of the above enumerated methods for the acquisition of the areas is most suited to the different local conditions pertaining throughout the country. With that de- cided Government should be able to allocate funds for the purpose in view with an easy conscience, for it will prove a paying investment both financially and in the national interests. In connection with the purchase of land by Govern- ment a word may be added. Of course where possible this may be regarded as the best method, since full and permanent control ensues, In this case it has often been assumed that the capital invested in the purchase should be recovered from the proceeds of the woods, This is not the case, however, since it is merely a matter of a permanent investment. The Government con- tinue to own the land and with efficient management the quality of the soil, which may be very poor at the outset, will steadily improve when maintained under a crop of trees. The land will steadily increase in value, ¢.e. will ultimately pay a higher rate of interest. But however the matter is approached, whether by purchase or leasing in one form or another, the chief desideratum is to get this land planted up. a el ee eee THE FUTURE PROBLEM 33 If the nation is to face the future and retain her position in the world, she will have to husband all her resources. It is no answer that other nations will likewise be crippled with debt. Some, Germany for one, are likely to recover more quickly than we shall, if the past is any criterion to the future. In any event, _ we shall not be able to afford to pay {42,000,000 for forestry products, the bulk of which could be grown at home, on land at present but little productive ; nor shall we get anything like the same amount of material in the future for this sum. In the national interest it would be a crime to neglect any longer the raising of as much timber as possible, on the areas at present . producing little or nothing of use to the community. There appears little doubt that public spirit and patriotism alone will render agreement between pro- prietor and Government on this question easy of adjustment. Added to this there is the unfortunate factor that many who before the war were planting on a certain scale may now find themselves unable to bear the expense of such operations. And this at the very time when, in the interest of the nation as a whole, it is most important that planting operations should be extended and carried out on a commercial scale. 7 The necessity for undertaking planting operations on a large scale having been accepted, the next step will be to ascertain the number of plants it will be possible to obtain for next season’s planting work, and to ensure an adequate supply for the following years. Steps have been already taken, to some extent, in this direction. For instance, extra nurseries— 34 A NATIONAL PLANTING SCHEME emergency nurseries—have been instituted in the Crown woods, e.g. at the Forest of Dean, Tintern, Windsor, and elsewhere, where many million plants are being raised for planting out. But many more will be required if planting is to be started on a scale at all commensurate with the nation’s needs. A list of nur- serymen in this country should be drawn up,’and the amounts of the various commercial species of two, three, and four-year-old plants available in their nurseries be correctly entered. This would give us the number of plants existing in the country, and, therefore, the number of acres which could be undertaken with home produce during the first two years or so of the work. If required—and they probably would be—additional plants could be obtained from certain famous nurseries in the neutral Continental countries. Thus it should be possible, before the next planting season opened, to ascertain definitely the exact area it would be possible to undertake with the plants available.* We now come to the labour question. The question of available labour is left for a subsequent chapter. A planting campaign such as is here suggested could not be left to individual effort. It would have to be inaugurated by a central organisation, e.g. the Board of Agriculture, who would undertake and control the whole of the supply of labour, as also of plants. For this purpose, the most feasible scheme would probably be to raise a labour corps, preferably embodied in the 1 Since this was written a list has been prepared and the approxi- mate amounts available are known. 2 It is estimated that 10,000 acres could be planted up now with the available plants. EE Pr. 6. “ HYBRID” LARCH PLANTATION, 7 YEARS OLD, MURTHLY, PERTHSHIRE. Photo August 1913. fs \| a a BS Ps \| \| JAPANESE LARCH PLANTATION, 9 YEARS OLD, BLAIR ATHOLL, PERTHSHIRE. Photo August 1913. Photos by Author. 34) 5 ¥ ewe i aper ree ) t . ya \| es yi, ax ’ J 2 i’ j ’ P A * z ¢ : \| \| , : : \| ne A 2 ‘ . . ty oy . n \| ) i > 2 j A 4 f 7 } : . 173 \| . : , h i¢ “ i . at oa ; , \| mM my ‘ ; \| ; j i pe . t . : . ; %, 8 \| a * oe ror \| - \| : = aS - \ ¥ f \| . \| 4 \| \| ; , we 3 \| ‘ r; " * b 4 2 S i \| \| " ‘ . ‘ 4 \| 2 , \| . . -) ‘, ’ \| \| \| i ¢ , \| : rf ; on Le ‘ , n “ fi y \| rid \| \ i \| \| . « \ ; ‘¢ a 3 ‘ rs } : \| \| y } € i \) i ' Ti % J hs . . y ‘ a . “J ' . 4 hid Es . ‘ ‘ , \| ae . . ‘ * Lt ‘ Py ‘ " : v < * \| \| 5 : : . ey ~* i ’ ~ F . \| { s/ Wi) “ ies x 7 p \| \| \| \| 5 \| 3 : j \| i : Spore _ : ¥ ij i . t? ri 4 = J ; j \| \| . ‘ = : \| \| \| . * * . 7 ‘ m nas ' , va : \| \| \| : \| \| Pi y he - > i ’ s 7 %: ‘ * ~ > e ‘ ' a - _* \ 7 ; : \| \| : x \| re ) tA ‘ , , . » - % * - \| i & . tes 4 4 is \| F \| \| : : j : 7 . , * ’ ca ) 7 E . \| ; ; . ; FINANCE \| 35 same way as transport and other labourers have been embodied. In the case of the planting corps, it would be possible to include all refugees who had any ac- quaintance with forestry work, and a percentage of women. To these might be well added a percentage of prisoners, so long as the war continues, who were cognisant with forest occupations. Drafts from this corps would be sent to the various centres as demand was made for them. The nucleus of the corps would be permanent or appointed for a term of years. The bulk of the labourers would be engaged for the planting season only. Each draft should be equipped with tools, and the corps could be divided up into sections enrolled in different parts of the country with a terri- torial headquarters under the charge of an officer of the corps. As regards the finance of the scheme, there should be no difficulty. In the Development Commission there exists a Government body, armed with powers to \| recommend schemes of this nature for Treasury sanc- tion. All that would be necessary, therefore, would be that the Department receiving the grant should appoint an officer to have charge of a national planting scheme, and give him sufficient powers and funds to carry out the work. The existing advisory officers would make recommendations as to areas to be planted, and, if necessary, assist in the negotiations with the proprietor. If found necessary the powers . of the Development Commission could be extended by a short Act of Parliament to suit the needs of the case. The advisory officer would determine the species to be used for planting the areas. The 36 A NATIONAL PLANTING SCHEME ~ officer in charge of the planting scheme would then be responsible for supplying the plants and labour. The plantations when formed would remain under the local estate foresters, the advisory officers being responsible that they received proper super- vision and tending to ensure that the objects desired are attained. It is not within the province of this article to discuss the staff which would be ultimately required for the management of the woods so formed. The chief desideratum at present is to plant up avail- able areas of afforestable land within the shortest space of time possible. Experts are well aware that no insuperable difficulties will be encountered in their subsequent supervision. It is suggested that a plan such as is here sketched would achieve the result aimed at in the quickest and most effective manner.’ 1 This article and Art. 1 appeared in The Scotsman, October 19, 26, 1915. They have been slightly revised. Se et ee —— ETN REL PO gs its yl WI IV FINANCE AND PLANTING METHODS THE finance of the afforestation problem may be said to have been the chief stumbling block to progress in the past—finance plus the ignorance and apathy exhibited on the subject by Government and public alike. Reams have been written on this matter of the cost of land, cost of planting, and so forth, but not a single tree has been planted as a result. In fact, since it is always possible to juggle with figures, the affores- _ tation question has over and over again become safely buried beneath masses of statistics. It is therefore proposed to treat of this part of the subject extremely - briefly. In this matter of financing planting operations it may be contended that money will be harder to get now than before the war; interest will be higher ; 5 per cent. will be now asked instead of 3 per cent. _ Granted. But with a return of prosperity this per- centage should drop and may even reach 3 per cent. _ again before the completion of the work. And it must \| _ be remembered that the additional cost should be well repaid by the excess price of the wood, which will be, so far as can be foreseen, some 25 to 30 per cent. 37 38 FINANCE AND PLANTING METHODS higher than in pre-war days,' as the supplies we have depended upon for the last thirty to forty years become cut out. Further, the investment will be a sound one. For when the woods become ready for the axe our children and grandchildren can utilise the considerable sums which such an investment will give them to defray some of the enormous national debt with which the country will be saddled. If from no other point of view the planting of our waste lands at present bringing in from 1d. to 2s. or so per acre will be a sound invest- ment. To come now to a practical suggestion. Of the 3,000,000 acres of existing woodlands, it is extremely probable that the woods of merely commercial value will have been cut out by the end of the war. These woods are being felled firstly at the instance of the Home Timber Committee, who are purchasing areas of standing woods and converting them by Govern- ment agency, and secondly and to a larger extent by timber merchants. The Government purchases run into 1,000,000 cubic feet a month—approximately 25,000 B.G. sleepers and 250,000 cubic feet pitwood — and scantlings. This exploitation by Government agency, amounting to 12,000,000 cubic feet or theve- \| abouts per annum, would be inconsiderable even if only half the area of our 3,000,000 acres of woodlands, that is 1,500,000 acres, were fully productive. This is certainly not the case, however. 1 The great increase in price of materials during I915 as com- : pared with 1913 is discussed in Article XIV. Roughly speaking we obtained 25 per cent. less material and paid 30 per cent. more for the reduced amount than in 1913. , as ee er POL pes. eh aici aaa ae ee A A re ee to A ae tore Bo +. gr Nen Ee ty ee 2 ete me er oo ah ‘ss vi Be St: hig “7 ; . Tk a en Sey oe a ser. a ars dae 75 imamemmanle OE ame ae paint INE, MucH UNDERSTOCKED, Scors'":P W. A FEW OLD LARCH Woop wITH FRASER, PHOTO. A. PEEBLESSHIRE. [39 UNDERSTOCKED WOODS 39 I saw the other day a claim for compensation owing to a fire having occurred in some woods. The largest item in the claim was for an area of wood said to be of pit prop size, the trees growing on an average at 12 feet apart! Woods of this nature and age would be no more than half-stocked and the material of very poor quality. There is a good deal of this sort of thing inthecountry. Similarly the majority of the old woods of commercial value are very open and understocked. If 1,500,000 acres were in full bearing they would give under proper management at 70 cubic feet per acre (50 cubic feet final cut and 20 cubic feet thinnings) 105,000,000 cubic feet of mature timber annually on an eighty-year rotation. As these woods are very far from carrying normal crops per acre, the 12,000,000 eubic feet being cut out yearly by Government—and the total may be larger if all sources of supply are taken into account—together with the far larger annual amounts of wood being felled by timber merchants, ‘must result, if the war is prolonged, in the disappear- ance of most of our home woods possessing a com- ‘mercial value. And we have to add to this large areas of immature woods being felled for the necessary sup- plies for the collieries. The considerable areas which have a value other than the purely commercial—i.e., which serve for shelter to stock and crops, are intimately connected with the sporting value of estates, or are maintained for amenity purposes—may be taken at about 1,500,000 acres. These will and should be left standing. They are, in the main, of small size, and would not come within the minimum of 500 acre blocks which commer- s) 40 FINANCE AND PLANTING METHODS cial forestry requires if it is to prove successful. There is no reason, however, why the larger areas of — this kind should not in the future be managed so as to — provide a certain proportion of the large-sized high- — quality timber required by our industries—more — especially of the hardwoods such as oak, ash, syca- \| more, elm, etc. The maintenance of such areas for — sport, shelter, and amenity purposes (Plate 9) is not incompatible with their treatment on sound sylvicul- tural and commercial lines. These woods are, however, of no considerable importance for our present case. The young commercial woods which have not yet reached felling size must, however, be also included here. The areas which will have been felled (either clear cut or with a residue of worthless trees left on the area), together with the considerable tracts of useless scrub, classed as woodlands, may be taken at 1,500,000 acres. If we add to this area 5,000,000 acres of the poor-class waste lands which could be — profitably planted, we obtain an area of 6,500,000 © acres which, in the interests of national economy, — should be planted up at once. Therefore the planting — work resolves itself into: (a) Replanting the areas felled over during the war and the areas at present occupied by worthless scrub — (of which there areextensive tracts in Scotland) amount- ing to 1,500,000 acres. (5) Planting Up 5,000,000 acres of at present treeless! ‘4 land, selecting in each county the better areas, which — will yield a good return for the capital laid out. In view of our growing requirements in timber, it is unlikely that this area of 6,500,000 acres will, when \| a ee ee a Te re ee ee Pu. 8. = . Ps ni. Fevtitinc RovuGH OAK CopPiIcE FOR PitwooD, HERMITAGE Woop, DUNKELD, ATHOLL ESTATE, APRIL IQI6. TEMPORARY SIDING ON HIGHLAND RAILWAY NEAR DUNKELD FOR LOAD- ING UP OAK Pitwoop, APRIL IgI6. LoaDING Oak PITWOOD INTO TRUCKS AT A TEMPORARY SIDING ON THE HIGHLAND RAILWAY. Price of the pitwood 18s. per ton loaded in truck. The material was cut within a few hundred yards of the siding and was unsaleable before the war. April 1916, Photos by Author. 40) ' . Tae ae a ve 2 PLANTING BY COUNTIES 41 it comes into bearing, supply us with more than two- thirds to three-fourths of our needs of the future. But if the woods are scientifically managed, such an area should place us in a position of safety in the case of a sudden national emergency. Under proper _._ management such an area should yield some455,000,000 cubic feet of all classes of timber.’ On the subject of cost, if we take an all-round sum of £3 per acre for the felled-over area, etc., class, and £4 per acre for the waste lands,® our planting cost would come to {4,500,000 and {£20,000,000 respec- tively or a total of {24,500,000 sterling—about a week’s war expenditure. If 200,000 acres were planted annually, the area would be planted in thirty- two years. A planting plan should be drawn up, county by county, under which the felled-over areas, scrub areas, and the most accessible of the waste lands would be selected, and the order of the planting be laid down so as to ensure a proper arrangement of the woods for felling purposes, etc. It may prove of use here to glance briefly at the nature of the work which has been advocated in the previous articles. It has been shown that our chief imports consist of coniferous timber, pines, and spruces, and that we can grow these species to per- fection in this country. In fact, much of the waste land whose afforesting is being considered will grow 1 We imported 454,000,000 cubic feet of coniferous timber and 14,@00,000 cubic feet of pitwood in 1913. * This estimate makes no provision for netting the woods against rabbits. The extermination of this pest is a first necessity in woods managed on commercial lines. 42 FINANCE AND PLANTING METHODS this class of material and probably no other as a successful commercial proposition. The greater bulk of the oak, ash, elm, etc., utilised in this country will, as we have seen, probably be raised in the woods kept either for sport, shelter, or amenity purposes, and may to a great extent be left out of the question. It may be suggested, however, that a certain percentage of the better-class oak soils in England should be confined to the growth of this species as, e.¢., in the Forest of Dean, High Meadow Woods, Tintern, etc. England has been famous for its oak throughout the centuries, It is a national tree and it would be a pity to see it disappear from areas which have known it for so long. Beech will probably be more largely used in the future to form a lower storey in woods of light-demanding coniferous species. If therefore we confine ourselves here to the conifer- ous species we may restrict ourselves to those of whose commercial utility in this country there is no doubt, to wit—Tyrolese Larch, Scots Pine, Common Spruce, and Austrian Pine, to which we may add, with less certainty, Douglas, Sitka Spruce, and Japanese Larch. This little work is not intended to be a manual of forestry, but a brief note may be given on planting methods and the difference in cost of such.1 Expert opinion is probably unanimous on the point that the planting methods in force in Britain in the past and even now amongst the older generation of foresters, 1 I have added the following note as the result of a criticism made by a friend interested in planting who had read my MSS., on the absence of all mention of planting methods and thet relative costs, Younc Oak NATURAL REGENERATION UNDER OAK, ETC., OVERWOOD, QUEEN’s Woop, FRITH PARK, SURREY, OCTOBER I9gI2. W. P. D. Stebbing, photo. Younc NATURAL OAK SEEDLINGS ONE YEAR OLD UNDER UNDERWOOD, QUEEN’s WooD, FRITH PARK, SURREY, OCTOBER I9Q12. W. P. D. Stebbing, photo. 42] ARTIFICIAL PLANTING 43 that is planting by the notch system, have had at least as much to do with the subsequent poor develop- ment of the crops and the catastrophic windfalls (which have been the usual results of bad storms in the past) as either the soil, species used, or other local factors. Of coursethe haphazard methods of felling and planting, with no reference to wind and the direction of the prevailing storms, under which woods, which have grown up in the shelter of neighbouring ones, are suddenly exposed by the removal of the latter, are also a fruitful source of windfalls. 3 The plantations will be mostly formed artificially, i.e. by planting in the plants, although there is no doubt that in some parts of the country woods under proper scientific management could be obtained by naturalregeneration (vide Plateg). Artificial planting is usually done by one of four methods: (a) Dibbling, (d) Notching, (c) Pit planting, and (d) Mattock planting ; _ and tools of a varying nature are used for the purpose. (a2) Dibbling—This method can only be adopted for _ very small plants which have not as yet produced _ strong side roots. A peg or dibbling iron is pressed into the soil and moved backwards and forwards in one _ plane to make a wedge-shaped hole in which the plant is inserted, the peg then being pushed into the soil at an angle a few inches away, and levered up so as to force the wedge-shaped mass of soil thus disturbed into the hole occupied by the roots of the plant, which thus becomes filled up. The peg is then with- drawn, the empty hole filled up by pushing the soil into it with the boot or peg, and a fresh plant put in at the planting distance, 44. FINANCE AND PLANTING METHODS (b) Notching—Notching with the heavy wedge- shaped spades which may be regarded as glorified dibbling pegs or irons is undertaken in a similar fashion to that already described above. A larger wedge-shaped hole is made and therefore a larger plant can be made use of; but even here the plant should not possess large side roots, as these will be doubled up against the walls of the hole and arrest the develop- ment of the young tree and of its root system. The common notch planting in force throughout this country is done, however, with an ordinary spade. Conifers up to four years of age are “‘ notched in”’ by methods which only differ in the shape of the notch, and are one and all equally pernicious. The methods are as follows: The common spade is used to make a notch in the ground of one or other of the following shapes: T notch.—The spade is inserted perpendicularly first at A and then at B; the blade is kept in at B and the handle pressed downwards so as to raise the turf, with the result that A opens out. The plant is then inserted in the opening at the top of the blade of the spade and slipped along until it reaches the foot of the T. The spade is then removed, the turf being pressed down with the foot so as to close up again in a natural manner. Double 7 notch. In this the vertical limb of the T is divided into two by another horizontal cut. In other respects the method is the same as the one already described. H notch.—This is only a modification of the T notch, PIT PLANTING 45 - L. notch—Is similar to the T notch, except that an L is formed instead ofa T. The T notch system and its modifications are cheap _ and quick, but destroy the root system of the plants, which are necessarily bent to. one side with the roots knotted into a ball. Plants put in in this fashion are greatly checked in their growth and may on poor soils show scarcely any height growth or development ' for several years after planting. They are also much more susceptible to wind damage (this latter danger increasing instead of decreasing with the growth in height and age of tree), insects and fungi. The system and its modifications are probably one of the chief causes of the heavy windfall damage experienced in these islands and especially in Scotland. As will be shown in a comparison of first costs of planting work, it is at least not cheaper than one of the forms of pit planting. It has therefore nothing to recommend it and should be discontinued. (c) Pit Planting —This method is adapted to plants ofall sizes. The tools which may be used for the work are the common spade, cylindrical spade, semi-circular __ and semi-conical spades, trowel, and the spiral spade. _ The object of pit planting is to place the plant in an enlarged hole or pit with its root system in a natural position. The various methods in force fulfil these conditions. The common spade, and various modifications in the shape of the tool, is used to make a hole of sufficient size to take the roots of the plant either naked or with a ball of earth. The hole should be made of the same width at the bottom as at the top in order that the 46 FINANCE AND PLANTING METHODS roots may. have room to hang freely when held in the hole, and not be twisted up at the bottom. This hole will ordinarily be about 2 feet square and 2 feet deep. The turfs cut off the surface should be placed to one side of the hole, and the finer soil from the top below the turfs be also set by itself to one side. This soil is first filled in upon the roots when the plant is held in position in the hole, the poorer soil being added on top of this till the hole is full. The plant is then pulled up to a position slightly higher than it will occupy when the operation of planting is complete. This raising of the plant draws out the roots so that they occupy a natural position in the pit. The planter holding the plant firmly in his hands then presses down the soil all round with his feet, thus lowering the plant to its proper position, adds the remaining soil and presses this and places the top turf, cut into two pieces, on the surface of the filled-in hole on either side of the plant, if the surface vegetation is not of a rough character. Should it be so the turf is left off. If the pits are made some time before planting the rotten turf is placed in it. The plant is held in the hole before planting by a boy or by the plant-holder. The cylindrical, semi-circularand semi-conical spades, —Planting by means of these spades is very similar to the methods employed with the common spades. The holes are made with the spades, the plant held in position, and the earth filled in with a trowel. The size of the hole made depends upon the size of the plants. The semi-circular spade is undoubtedly one of the best tools to use for planting four-year-old conifers, MATTOCK PLANTING 47 especially in old agricultural land which has gone out of cultivation. This method of planting is the only one employed on the Murthly Estate in Perthshire and gives excellent results. It is also used to a certain extent on the neighbouring Scone Estate. The figures of cost for planting with this spade at Murthly are given in a statement of relative costs inserted at the end of this section. The spiral spade is used to slacken up the soil in 1 the hole. The soil is then taken out with the trowel or other tool, and the plant put in and the soil filled in as already described. (d) Mattock Planting—This method consists of a combination of notching and pitting, and isa useful one for planting up stony hillsides. The planting mattock, a tool which is a combination of pick and a mattock, is used, and is infinitely superior to the ordinary pick. A smaller tool like a small half-mat- tock, the iron portion resembling the flat part of the mattock, is also required. To plant with the mattock: The turf is first pared off the surface with the flat- tened end of the tool, the pointed end being then used for loosing up the soil. The flattened end then again comes into play, the soil and stones being extracted so far as possible from the hole by means of it ; should the soil be full of bracken roots, and so on, the flattened end is also used to break up these and remove them, The turf and stones may be placed on the lower edge of the hole (on a hillside) to serve as a trap for snow and water. The plant may be notched in to the hole with the spade or preferably be planted by means of the small ems = 48 FINANCE AND PLANTING METHODS tool described above, which is used to draw the re- mainder of the soil from the hole. The plant is then placed in the soil and the tool used to fill in the soil on to the roots. As regards the above methods spade planting is costly ; the semi-circular spade gives equally good re- sults and is far less costly. Mattock planting is confined to stony ground for which the spades are unserviceable. RELATIVE COSTS OF PLANTING ! Cost per 1,000 plants for labour alone in the first planting. Daily labour wage per day of 10 hours: For a man 3s. 6d. per day ; a boy ts. 8d, per day. Mau. Boy. Notching ‘ - 48.0d.4+ Is. 11d.= 5s. 11d. Dibbling without previous preparation = 4s. 6d. Mattock planting : + 458. 2d.+ 2s.0d. = 6s, 2d. Pitting— With common spade » 9s. 6d.+ 6s.0d, = 15s, 6d. Semi-circular spade . « 58. 6d, to 6s. 6d. LABOUR REQUIRED Notching . ° . I manor 1 manand 1 boy. Dibbling . + I manor 1 manand 1 boy. Mattock planting ; . I manand 1 boy or 2 men. Spade planting . ‘ - 1 man and 1 boy or, less quickly, 1 man and the plant-holder, Semi-circular spade . .- 2 men and 3 planters work as a squad together. This has been found the best number for a squad at Murthly. 1 The figures here given are those in force in parts of Perthshire, They are based on practical experience and were obtained for me by Mr. J. M. Murray, B.Sc., Assistant in the Department of Forestry, University of Edinburgh. . ee PL. I0. Mattock PLANTING, TALLA CATCHMENT AREA, APRIL I914. iz squad of men ahead ate preparing the holes whilst those behind are putting in the plants. \| Pir PLANTING. burgh University students digging pits into which four-year-old Douglas are to be planted, Craig Vivian, near Dunkeld, Perthshire, March 1914. Photos by Author. 48) RATE OF PLANTING 49 The following has been done at Murthly, with well- trained men using the semi-circular spade :! Two men make 2,400 holes per day of 10 hours. Three planters (boys) put in 2,400 plants per day of 1o hours, Therefore total cost for 2,400 plants = 12s, On very free soil one man can make 1,000 holes a day and together with the planter will put in 1,000 plants. The man making the holes finishes the 1,000 soonest, and then helps the planter with the remainder of the 1,000 plants which are also finished in the day. The total cost in this case comes to 5s. 2d. or cheaper than notching. * Mr. A. Murray, Chief Forester, Murthly, also gives me the following illustration: On Kingswood Moor, Murthly, two years ago we averaged about 900 per man per day of 8 to 10 hours and this may safely be taken as a fair average. V AFFORESTATION AND LABOUR IN previous articles the question of the labour supply has been touched upon. The war has brought about such a complete change in labour problems generally that old-time ideas upon this subject are now anti- quated shibboleths. The whole question of employ- ment and labour is undergoing revision in our minds, slow it may be, but still revision. And perhaps in no direction is this revision of pre-war ideas more promi- nent than in the question of the employment of women on the land. It is for this reason that I have included in this book articles I have published on this subject with reference to the employment of women in forestry. It has been pointed out to me that these articles, if left without their complement, may seem to give an undue prominence to this question and seem to convey an idea that forestry work and operations could be chiefly undertaken by women. This is far from my meaning. Forestry is pre-eminently a man’s work —necessitating as it does in all its varying branches an open-air life and considerable exposure, in fact, a life of ‘‘ roughing it.” For this very reason it proves an ideal existence for those of good physique who are at the same time lovers of nature in some of its finest 9° Se ae rye er WORK FOR INCAPACITATED WARRIORS 51 phases. The main difficulty in the past has been to — obtain sufficient labour in the woods. Or perhaps it may be better expressed by saying that sufficient labour has not been utilised in the woods. Woods—commer- cially grown woods—require constant supervision. It is not sufficient to plant them and then go away and leave them to shift for themselves up to such period as it may be possible to make a thinning in them which will prove saleable. These old-time methods, combined with others, have brought us to our present position. If we are to maintain in the future that area of woods which our requirements have shown us should in the interests of national economy and safety be kept up in this country, and if we are to make them pay, they will have to be grown properly and given constant attention. For this work both men and women can be employed, in their several departments, with advantage. We are only con- cerned here with the employment of men. One of the results of the war will be the necessity of providing work for partially incapacitated soldiers and sailors, They could be utilised in a certain amount of the light forestry work which does not require the services of able-bodied men. - There will also be the question of employment for the numbers of young men-who, leaving their former sedentary occupations, have gone out to fight for the country. On their return these young men are likely to look with distaste at their former work. They will ask for a more active life. If that life cannot be pro- vided for them in this country they will emigrate. And yet, if a campaign to plant up our waste lands, the 52 AFFORESTATION AND LABOUR present position of which is economically a disgrace to the nation, and one very far removed from the thrift and conservation and rehabilitation of the national resources which is now being so strongly advocated—if, I submit, a campaign of sufficient magni- tude is undertaken to plant up these derelict acres which could grow so much of what we want, we should be able to provide employment for these young men ; as also for our partially incapacitatea soldiers and sailors. One of the reasons why the recommendations of the Coast Erosion Commission were not acted upon was said to be the impossibility of employing the townsman in planting work owing to his inability to stand the strain and exposure of working on the soil, and his ignorance of the use of the spade and pick. That this was a fallacy the war has proved. Modern warfare entails the constant use of both these implements. In fact, they are probably used as much as the rifle, ifnotmoreso. Themen of the towns have stood their training in the use of these tools, and numbers of youngsters, having a thorough acquaintance with them, and also hardened to exposure, should be available for afforestation work. Without undue optimism it may be considered then that a large planting scheme should no longer present any difficulties on the score of labour once the war has come to an end—in fact, the drafting of men willing to take on such work into one or more Planting Corps when the disbandment takes place at the peace will provide one source of employment for the men who gave up their jobs to join the armies which would rw PE? Tt: LARCH INTERPLANTED WITH DOUGLAS, ROHALLION PLANTATION, MURTHLY, PERTHSHIRE, AUGUST I913. The larch were given a three years’ start. ARCH UNDERPLANTED WITH DouGLas, NovAR, ROSS-SHIRE, JUNE IQI2. Douglas five-year-old. Larch 28-year-old. ‘The larch were attacked hy larch canker and heavily thinned before being underplanted. Photos by Author. 52) EDUCATION AND TRAINING 53 prove most serviceable to the country. But to enable such corps to be immediately formed, without that inevitable friction and delay which is so apt to ruin schemes of this nature, a cut-and-dried plan should be drawn up beforehand ready to be at once put into force when the moment arrives, and this plan should be on a sufficient scale to ensure the adequate realisation of the objects aimed at. As regards education and training. It has been shown that every soldier nowadays knows how to use the spade and pick. Therefore with supervision there should be no difficulty in getting the planting work done satisfactorily. The education in forestry of those who elect to take to a forestry life should also present no difficulties. There are forestry classes for wood- men in the Agricultural Colleges throughout the country and there is an excellent Woodmen’s School at the Forest of Dean, a fine new building, up-to-date in all respects, having been completed just before the outbreak of the war. Selected men from the Planting Corps could be sent to these schools in the summer season when forestry work is slack to take the wood- man’s courses. In this way a trained subordinate forest staff would be built up ready for employment in the supervision of the large areas of commercial woods which the country would possess. The higher training for the gazetted ranks who would be responsible for the scientific management of the woods on strictly commercial lines likewise offers no difficulties. Many of the most important Universities of the country now possess Forestry Departments in which students, as the result of a three years’ course, 54 AFFORESTATION AND LABOUR take either a degree of B.Sc. in Forestry or a diploma in Forestry. _ These men would proceed to the woods in the first instance as assistants to the officers in charge of the different areas, ultimately looking to obtaining a charge themselves when they possess sufficient practical know- ledge of the work. In this direction therefore a career presents itself for young officers who at the close of the war will wish to follow a life which will have plenty of the open air about it with a minimum of the office stool. The courses for the Forestry Degree given by the University of Edinburgh are fully described in Article XVII (p. 249) under “‘ Employment of Women in Forestry ’’ and need not be recapitulated here. As one who has had plenty of experience of the glorious ‘‘ freeness,’’ combined with the considerable responsibility, of a forester’s life, the writer can assure all those who wish to, comparatively speaking, remain their own masters and live in the open air that there are few occupations to rival it. PART II BRITISH TIMBER SUPPLIES AND THE FORESTS OF RUSSIA VI TIMBER SUPPLIES AND FAMINE PRICES WHat are we going to do about timber supplies both in the near future and a more distant one? — This is one of the war problems which has received but little attention until quite recently. We have so long been accustomed to get all the timber we required without trouble that we had come to forget that it was practically all imports and that we grew but little of the timber of commerce ourselves. And yet, as will be shown, this material has come to be one of the necessities of the warfare of the present day. In obtaining the supplies we have required we can- not even be said to have “‘ muddled along” satisfac- torily, for we are simply living a hand-to-mouth existence ; have been doing so for months; and it is proving a most costly experience. And there is every probability of the position assuming a graver com- plexion. It has been recently asserted by a prominent expert in the timber trade that if the present demand 6 55 56 TIMBER SUPPLIES AND FAMINE PRICES continues a timber famine in this country may be expected. We do not know what this may mean. We have never experienced such a thing. It is doubt- ful whether the world has ever seen a famine of this nature. On what is the assertion based and what are the steps which should be taken to avert such a calamity? Prices, we all know, are preposterously high. What can be done to bring them down to a more normal level ? Before the outbreak of war there had been a con- siderable stringency in the timber market, and at the beginning of August 1914 the prospects of the market in this country were most gloomy. For two or three years antecedent to this date difficulty had been experienced in obtaining loans, and as a consequence the house building trade was in a depressed state. Then came the war and with it a quite novel demand for timber materials from an unexpected quarter, viz. the Admiralty and War Office. Hutting accommoda- tion, timber and props for trench construction, railway sleepers, barbed wire entanglements, waggons, entrench- ing tools, and so on were all required on a large scale and at short notice. Within a very short time it was dis- covered that the stocks of timber in this country were quite inadequate to supply the demands. Our chief source of supply, our Ally Russia, who sent us before the war about half of our imported European timber materials, to a great extent failed us at a very early stage, since the exports from Petrograd, Riga, and the Finnish ports were closed. As is well known, this closure, with the stoppage of fellings in the French pit- wood areas, at once reacted on the pitwood supplies in CHAOS IN BUYING 59 this country, and the collieries were faced with a difficult problem during the earliest days of the war. Of course this could not have been foreseen and the Cabinet had its hands very full at that period. The mine-owners toa great extent had to settle the matter for themselves. The English Board of Agriculture issued within.a few months a pamphlet which was of considerable assistance. It might have been antici- pated, however, that the pinch which was at once felt on the score of pitwood would have opened our eyes to the other directions in which a shortage was likely to make itself felt. We had been too long spoon-fed, however, and the reverse was the case. No efforts were at once initiated to place the whole matter of the timber supplies of the country on a firm basis under a central and business-like control. Different interests competed the one against the other, and in this /aisser faire policy the most powerful, because backed by unlimited funds, were the Admiralty and War Office. Orders were placed right and left and prices were of little account. These prices, with the dearth of freight steamers, added to the later activities of German sub- marines, jumped up and continued to do so. In the haphazard manner in which the whole business was approached there was nothing to prevent merchants from asking what price they pleased. True the Govern- ment put on an adviser, paying him an enormous commission. But he was in the trade himself! The Swedish merchants who, with the closing of the Russian ports, were quick to perceive their opportunity, took full advantage of our predicament. Prices went higher and higher until they now stand at two and a half to 58 TIMBER SUPPLIES AND FAMINE PRICES three, and even more, times the ordinary pre-war figures. Millions of pounds sterling must have been thrown away in the purchase of timber, the ordinary common timbers of everyday use, which could cer- tainly have been saved had matters been placed on a business footing. It is useless to cry over spilt milk, but had the matter been entrusted to a man, not connected with the trade, who understood the princi- ciples of scientific forest management and had himself been in charge of large areas of State forest, very different results would have been obtained. And we are in no better case at the present moment. The Home Timber Supply Committee has been already alluded to. Its chief raison d étre is to obtain supplies of timber for the Government needs. It is doubtful whether it will be able to do much to stay unnecessary fellings made to take advantage of a high market. And in any event it has no hold over timber merchants —no more than Government can exercise at present any control over the market and prices. Nor do these fellings affect the matter, for the amounts of timber available in this country are so small that their influence on the market so far as the future is concerned is insig- nificant. Far bigger issues are at stake than can be settled by the comparatively small area of woods, prac- tically all privately owned, standing in Britain. In the meantime the home timber trade is doing well. Pro- prietors have offered their woods freely and they have been as quickly taken up by the home merchants and also by colliery proprietors. In fact these latter were on the scene, as has been stated, very early in the war days, for they were compelled to turn to home-grown wood, ASH 59 rough and heavy as it was, since the foreign pitwood market was failing them. A remarkable feature of this home trade has been the demand for ash. In England five to six times the amount of ash (numbers of trees) has been sold in the past year than in any previous year and the price has risen from Is, 6d. to 3s. (and even as high as 4s.) per cubic foot for the trees standing in situ. The wood of this tree has been largely used by the naval and military authorities for all sorts of transport appliances. In the Lake district and elsewhere the wood has been fashioned in the local saw mills into handles for entrenching tools and grenades. In the Board of Agriculture and Fisheries Report “On the Supplies of Home-Grown Pitwood”’ above referred to, which was issued on November 30, Igr4, the following extract indicates the position of affairs in this connection in this country at that date based on a careful estimate made by the Board’s officers: “‘ Assuming the volume of ‘ extraordinary ’ fellings’”’ (‘‘emergency fellings”’ would perhaps have been a better term ) “‘ to be the same per acre in Scotland as in England (and it is probably considerably greater) there would be approximately 1,600,000 tons of pit- wood; possibly 2,500,000 tons would be a better estimate. If the volume of the ‘ extraordinary’ fellings for England and Wales, viz. 3,410,000, be added to this amount, a total of nearly 6,000,000 tons is reached, and it is a fair assumption that the addition of supplies from Ireland would give a total equal to one and a half years’ total consumption for the collieries. It would appear, therefore, that the position, while it requires rational handling, is by no means disconcerting.” 60 TIMBER SUPPLIES AND FAMINE PRICES It was thought at the time that the war would be over by the following summer. The comfortable assur- ance of November 1914 has quite another aspect in May 1916, That home timber can be made to, in some small degree, supplement even temporarily the great scarcity is of importance and value, but it will not help the nation at large to face the position at the end of the war and a more distant future. This is the much larger question before us. Suppose that the war lasts another year, or even longer. What is going to be done about the timber supplies? Are the Allies—is this country going to make no effort to place the matter on a basis which will at least give some stability to prices and prevent the wasteful, the criminally wasteful, extravagance of the past twenty months. At the beginning of the past season the bulk of the timber supplies for war purposes was procured from the port of Archangel, but where future supplies are to come from appears to be a grave problem in the eyes of prominent timber merchants. It is said that there will not be sufficient supplies from Archangel to meet the demand. Should Germany succeed in restricting the shipments from Sweden or manage to torpedo the boats carrying timber cargoes, it is probable that there will be something of a timber famine in this country provided the present demand is maintained. And as long as the war continues there is no guarantee that the demand and prices will not remain at a high level. The Home Timber Committee will see that we get all that is possible from home woods. But the Board THREE POINTS 61 of Agriculture Report fairly indicates the limitations in this direction. They will not meet the demand. Three points present themselves for serious con- sideration: (1) Freights, (2) Other sources of supply, (3) Prices. (1) Freights—At the beginning of last season, as we have seen, the bulk of the supplies for war purposes were procured from Archangel. Freights were sup- posed to open at about 60s. to 70s. per standard (165 cubic feet), but shippers, realising the scarcity there would be in tonnage, held out for 80s. to gos. which was gradually increased until it reached the figure of £9 tos. per standard in November 1915, as against 30s. to 45s. in pre-war times. Even in September 1914 the highest freight paid to this country would not exceed 65s. per standard, which was considered a high rate. Much could have been done at that time had Government been wide-awake enough to have placed the matter on a business-like footing. Last September shippers were ready to pay £8 15s. to £9 Ios. and even £10 for ship room. In February 1916 shippers were quoting for the present season at {10 per standard from Archangel to thiscountry. Last spring (1915) battens were {II per standard f.o.b. They had to carry a £9 10s. freight with in addition about 30s. insurance, freight and insurance being equal infvalue to the f.o.b. article! The trade remarked that the like has never been known before from the Baltic and White Sea ports! That some one has blundered, and blundered badly, is only too obvious. We are simply throwing away good money owing to our complete ignorance as a 62 TIMBER SUPPLIES AND FAMINE PRICES nation of everything connected with forestry—what it means, what it supplies, and how these supplies are marketed. The question of the want of vessels for freight purposes has been receiving considerable attention in the Press and need not be entered into here. That vessels are required and will have to be made avail- able for the carriage of certain classes of timber to this country appears now to be a matter of considerable urgency. We can do without mahogany and other foreign valuable timbers. We need not import oak or elm, etc., which can be obtained from our own woods. It is the coniferous timber—-pines and spruces—which will be required in large amounts. (2) Other Sources of Supply.—Are we envisaging this question in the most economic fashion in depending upon neutrals for our supplies? The trade say that if the demand continues on past lines we cannot obtain sufficient supplies from Archangel. Since we took no steps at the commencement of the war to ensure supplies from other Russian ports, this is more than probable. Of neutrals Sweden has taken advantage of the high prices to send us timber, but she is a doubtful supplier for several reasons which are well known. America, and our own people in Canada and Newfoundland, have greatly benefited by the great rise in prices and huge quantities of timber have been imported from these countries. This is satisfactory for the present. We should have been hard put to it without them. But it must be remembered that they are coming in, to a considerable extent, as the result 2 ‘ a - < 52 wre, EE OO RS y- ty: a SOURCES OF SUPPLY 63 of the ruincus rates in force. With a fall in prices, which, in the interest of national economy, must be brought about in one way or another, can we depend on these supplies reaching us? And in any event for how many years could they be maintained? It is well known also that Canadian and American spruce is not in as much favour with the trade as the Baltic material, as the former is soft and mild (probably owing to its quicker-grown character) and is by no means as durable as the close-grained article from the Baltic and White Sea. And even if the material were as good we should be chiefly concerned to lower the prices in force, and that cannot be done by making one of our chief sources of supply in countries several thousand miles distant, and which moreover have already in past years cut out much of the timber accessible at ordinary market rates to these islands. The problem before us is to obtain a definite source of supply at a reasonable rate. Having achieved this, the present ruinous market prices will drop to a more normal level. Some increase, of course, must be expected but not the present famine rates, which should never have been incurred. In peace times our main source of supply in Europe was Russia, more than half our European imports coming from that country. This one fact, had it been realised early in the war, might have opened our eyes. Russia isour ally. Russia has enormous tracts of unexhausted forests. Russia has a huge population. A year ago it would have been possible to make arrangements in Russia which would have resulted— and this is not written at random—arrangements could 64 TIMBER SUPPLIES AND FAMINE PRICES have been made which would have resulted in the saving of large sums of money to this country. We should not have had to pay in cash, in gold, for this Russian timber. It could have been set against the equipment, shells, etc., which Russia has received from the Allies and the matter would have been subsequently adjusted. Instead we have preferred to pay out gold into the pockets of neutrals. And yet we are urgently ~ called upon by the Government to restrict all imports ! Presumably imports from neutrals chiefly. The timber industry has proved a necessary part of the provision required for the furtherance of the war. The problem, commencing with the mines, has been acute from the start. It is still more acute to-day, and in order to guarantee supplies and to put an end to the hand-to-mouth policy, it has become essential, if we are to stop the present appalling extravagance in the nation’s timber bill, to face this urgent problem and make arrangements which will increase our timber supplies in the future. This problem is considered in the next article. (3) Prices.—Prices since the commencement of the war have been entirely influenced by the action or want of action on the part of the Allies in this timber matter. It isimperative that the ridiculous prices now being paid by our Government and by ourselves (for the public has been hit badly in this matter, as the family household knows), for our essential requirements in timber, should cease at as early a date as possible. The following table shows the present rates being paid for home timber materials as compared with pre- war prices, The table was prepared in February 1916 : COMPARISON OF PRICES \| 65 PRE-WAR PRICES COMPARED WITH PRESENT PRICES Pre-War Rates per Cubic Foot TIMBER Larch j ’ 11d.—1/- Scots Pine 5d.—6d. Spruce ‘ 4d.—6d. Oak ; 1/3—1/6 Ash : scr ae Elm 1/- Birch (bobbin wood) 26/- ton DD Beech (rough, bobbin wood) 24/ ase = ars oe) (eeeaey cs is BIS Sycamore (rollers bobbins) 28/- ton. Sycamore (large timber) . - 2/6—5/- COLLIERY Woop Piiwood per too lineal feet DD. Pit Props: Scots Pine (3” top diam.) 4/6 ” 29 (4” oe) ” ) 6/- a? 3, (5” ” re] ) 9/- ” 99 (6” 2” Pe) ) 12/- Larch (7. el 2” . (4” ” 99 ) 18/- ded (5” ” 9 ) 26/- oo « (4 ») 32/- Oak Scrub 3 ; — Pit Sleepers, per 100: a % 5° X 2°). 12/6 (3’ 6” x 5” x 2”) 14/9 (3’9” x 5” x 2”) 18/- RAILWAY SLEEPERS Pine. ° ; . each 3/6 Present Rates per Cubic Foot TIMBER Larch ‘ . Ife —1/1 Scots Pine 8d.—84d. Spruce. . 8d.—8 jd. Oak 1/3 —1/9 Ash 2/3 —3/- Elm 1/- Birch (bobbin wood) 10/— ton Beech (rough, bobbin) 10/- ,, a RO ee BIS Sycamore (rollers bobbins) 28/- ton Sycamore (large . timber) . - 2/6—s5/~ COLLIERY Woop Pitwood per 100 lineal feet DD, Pit Props: Scots Pine (3” top diam.) 16/6 os sss 14 ke ae RS 39 2”? (5” ” 9 ) 28/6 »» (6° »» 5 ) 33/6 Larch Co. Sis see Pee 99 (4” a? 99 ) 22/6 ” , (5” 2 22 ) 32/- (6” 5, ) 38/- Oak Scteb per ton de- livered on railway loaded. in trucks 18/- Pit Sleepers, per 100: (3° Sak 26/- (3’ 6” x 5” x 2”) 31/- (3°9" x 5” x 2”) 36/- RAILWAY SLEEPERS Pine. . each Sth» ae § ees ao es le.) fay ms ‘4 Pe titty he 66 TIMBER SUPPLIES AND FAMINE PRICES Comment on the above figures is scarcely necessary. They are a direct outcome of two facts—the first, an almost total lack of interest on the part of the nation as a whole in all pertaining to the economic questions involved in commercial forestry and the maintenance in these islands of that acreage of woods managed commercially which our population and industries demand ; and, secondly, to the failure on the part of the Governments of the past fifty yars, to go back no farther, to realise the position in this respect which would confront the nation in the event of just such a European conflagration as has taken place. The Government existing in this country 250 years ago was more clear-sighed. True, it may be said that out ‘“‘ wooden walls’”’ of that day and the necessity for maintaining them were factors which both Govern- ment and the public could more easily grasp. But no Government of the present day would care to shelter itself behind such a plea. Our economic needs in timber are far greater now. We have only to look at the gigantic imports—they rose by {12,000,000 in the four years from 1909 to 1913—to realise this. The next four articles are devoted to pointing out the manner in which it should prove possible to bring down these prices and to ensure our timber supplies in the future. EERIE? HS ae VII BRITISH TIMBER SUPPLIES AND RUSSIAN FORESTS IN previous articles brief allusions have been made to the forests of Russia, the very considerable impor- tance they have enjoyed in the past in the European timber markets, and the immensely larger influence they are likely to exert in the future. The question is one of very serious moment to this nation. How serious and how important it is the aim of this and succeeding articles to demonstrate. It has been already mentioned that our timber, etc., imports increased by {12,000,000 between 1909 and 1913. \| A more significant factor than even the rapid increase in the imports is the fact that 67 per cent. of them came from European countries, chiefly Russia, Sweden, and Norway. France sent us annually considerable amounts of pit props for the collieries, the cutting off of \| which supply so seriously hampered us during the first few months of the war. The produce from the other European countries is negligible for our present purpose. The Board of Trade Returns show that Russia sent us about {15,000,000 of timber and other products during 1913, or approximately 35 per cent. of our whole 1 This subject is fully dealt with in Article XII, 67 68 TIMBER SUPPLIES AND RUSSIAN FORESTS imports. The materials sent were chiefly conifer logs, dressed and undressed timber, pit props and pitwood, wood manufacures and smaller amounts of wood pulp, oak logs, tar, pitch, and oil of turpentine. How is the war going to affect our timber supplies from Russia? We need not consider the amounts at present coming in. Weareall aware of the various reasons for the shortage. It is the position as it will arise at the end of the war, and for some years subse- quently, that requires our most careful consideration. Can we hope that conditions at the end of the war will be the same as before its outbreak ? That Russia will be in a position to send us the same or increasing amounts of forest materials? Will the markets be in the same condition? Their present position with the great upheaval of pre-war conditions which we are witnessing can scarcely lead us to form so optimistic an opinion, What then should be the policy of this country ? So far as the past and recent trend of events in this matter enables a judgment to be formed, it would appear (and the statement also applies, though perhaps to a smaller extent, to our Allies) that there are two clear and separate issues upon which a decision should be arrived at in this timber supply problem. (1) The arrangements to be made to cope with the position which will face ourselves and our Allies at the end of the war. (2) An arrangement under which our timber supplies during the next forty to fifty years may be ensured. As introductory to a detailed description of the forests of Russia, both in Europe, Finland, and THE TIMBER MARKET 69 Siberia, our position under these two distinct counts should be clearly understood ; so far, that is, as it can be estimated from data collected on the resources of the existing forests of the world from which the timber markets have been drawing their supplies in the past. The present position of the timber market is admittedly abnormal. In the last article the prices existing in February 1916 were contrasted with the market rates in force just previous to the outbreak of war. It has also been shown that we are now com- mitted to a policy of felling in our own woods which probably will leave us with little of commercial value at the close of the war. It becomes apparent then that the urgent points for consideration now before the nation are those embodied in the two heads above stated. That we should make such arrangements as shall ensure supplies of an adequate nature becoming available as soon as the war ends, or as soon as the trend of the fighting shall have opened ports now closed, in order to supply in the cheapest manner the enormous demand which will exist; and secondly, that such steps shall be taken as shall ensure our needs in timber, pit props and wood pulp, etc., being satisfied at reasonable rates during the next forty to fifty years. (1) Lhe arrangements to be made to cope with the position which will face ourselves and our Allies at the end of the war—Where are we and our Allies going to look for the large supplies of timber, etc., which will be required at the close of the war? The present high prices and the large demand for materials which vo TIMBER SUPPLIES AND RUSSIAN FORESTS will be required for rebuilding the devastated areas have been already alluded to. Is the end of the war going to witness a ruinous competition between the allied countries in the timber markets of Europe? And are colossal sums to be spent, colossal fortunes to be made, in rebuilding the houses, etc., in the areas destroyed by war ? It is difficult to see, unless the Allies come to an early and definite understanding on this head—it is difficult to perceive how matters can be otherwise. When all allowances have been made for America, Canada, and Newfoundland continuing the imports they have been sending us or increasing them, will there be sufficient to meet the enormous demand ? And will these latter imports bring down prices. As has been stated elsewhere, a considerable proportion of the amounts reaching us are a direct outcome of the prevalent high prices. To have to continue paying the present exorbitant prices or even prices double pre-war rates will be suicidal and a most unstatesman- like policy. It cannot be maintained that war time is not the time to consider these matters. If there is one thing certain it is that the termination of the war will be too late. We had not the foresight to grasp what would happen at the outbreak of this colossal war. Let it not be said of us that its termination found us in the same state of unpreparedness. My proposition is that it will be imperative that the Allies should be in a position to control the European timber market at the end of the war, to exercise in fact a State control over prices for a time, as the only effective means to lessen the enormous RESOURCES OF THE ALLIES ai cost of the reconstruction work which will otherwise result. It is no plea that such a thing has never been done before. The end of the war will find us, the war itself is finding us, doing a good deal we never thought to have to do. First then we want to place our finger on accessible supplies in large quantities and owned by the Allies; and, secondly, to come to an agreement by which these supplies can be made available at the earliest possible moment with the object of bringing down the present preposterous rates. If we examine the forestry resources of the Allies the one great fact which immediately becomes apparent is the gigantic area of the forests in Russia, the Land of Forests, as it has been called. For some years past I have made some study of the forests of European Russia and also those of Finland and Siberia, and the following three articles serve to indicate to some extent the great value of these forests. It is a most unfortunate thing for this country that we have known so little of Russia in the past, of its enormous possi- bilities and potentialities and its great value in many ways to this country. Germany discovered it. Russia is honeycombed with Germans and German enterprises, in no wise conducted for the welfare of Russia or in the interests of Russia and her people, but for the furtherance of German Empire objects and of those alone. Even in the matter of forestry imports Ger- many was undermining our previously unquestioned supremacy in the Russian timber markets. Germany has vast forest resources in her own country, a consider- able proportion of which is afforested, and not only afforested but with the woods managed on the highest 7 72 TIMBER SUPPLIES AND RUSSIAN FORESTS commercial basis possible. And yet in recent years her imports from Russia have increased rapidly, the increase being greater in proportion than the increase to Great Britain. And she has been importing from elsewhere also. Why? Was it because she really required the materials, or is the reason to be found in the fact that she has been deliberately storing up her woods, undercutting in them, with a set purpose in view. Did her wonderful organisation for the World War and her deliberate intention to make it as fright- ful as possible foresee the enormous damage that. would be done to towns and the enormous demand which would exist for timber at the close of the war? During the war we know that she has been cutting down the woods in the territory she has occupied and either utilising the materials for trench construction or other purposes or storing them up for the great demand she expects at the peace! We know how Belgium is suffering in this respect. In a recent Foreign Office Memorandum it was stated that in one month from October 26 to November 25, 1915, the Germans ex- ported from Belgium into Germany by one route alone, amongst other things, 340 tons of pit props cut from promising young woods. \| To return to Russia. From Russia we imported 35 per cent. of our timber supplies in 1913. In Russia the Allies have for the purpose here con- sidered a source of supply which should fulfil the objects required. Russia in Europe has an area of 447,500,000 acres of forests, Finland another 62,800,000 acres, and Siberia and Turkestan the gigantic total of 853,000,000 acres more. Now much RUSSIAN POSSIBILITIES \| 73 of this area in Russia and Finland and Western Siberia produces the very materials which will be required in such enormous quantities at the close of the war. Had we been far-sighted enough, had we shown a tithe of the resource and organising powers of the Germans, we should have long ago arranged for tapping these Russian resources in the event of war on a previously formed plan. But this is in the past. These enormous areas of Russian forests contain large amounts of unexploited timber. If we take Russia in Europe to commence with. A few years ago it was officially recorded by the Russian forestry authorities that they were cutting far below the possibility, in other words, that the annual incre- ment put on was greater than the volume of timber taken out of the forests. Also that large areas of old woods had almost ceased putting on increment and were going back, 7.e. losing their sale value. At that time the Government estimated that the fellings made were something under 50 per cent. of the possibility. Matters have altered somewhat since then. But Russia, with its immense forests, scanty population (in the afforested areas), and want of communications, cannot move quickly in such matters, and there can be little doubt that there is a great margin to work upon. For instance, the larger portion of the State forests are in the north in the Governments of Archangel and Vologda, areas we are most interested in, since much of our imports came from this region. These forests are difficult to work owing to the deficient communi- cations. Consequently only ‘7 cubic feet of timber per acre were felled out of a prescribed 7 cubic feet 74 TIMBER SUPPLIES AND RUSSIAN FORESTS per acre or about 10 per cent. The averages have been higher more recently but are still a long way below the possibility. We come now to Finland with its long stretch of sea-washed coast-line and its excel- lent system of internal waterways offering the cheapest and easiest method of transporting timber and other forest produce. A perusal of the article on these forests will show that here also there are large areas of unexploited material of the kinds, Scots pine and spruce, we import so much. The export trade from Finland, although it has made some progress in recent years, is still far from having reached its maximum. On thesubject of the State forests figures for 1908 showed that whereas the mean annual incre- ment of wood put on per acre was valued at 21 cubic feet for the whole country, the total amount sold from the State forests was only 3°4 cubic feet per acre. Moreover, as a result of a partial enumeration of the growing stock on some areas it was estimated that there were something over 21,000,000 trees of approxi- mately 10 in. diameter and over at chest height standing in the State forests, and it is considered prob- able that at least this number, and probably a larger one, also exist in the areas of privately owned forests in the country. On the subject of the gigantic area of forests in Siberia it is very difficult to form an estimate of the amounts of timber they contain, owing to the fact that only about a fourth of the area has been ex- plored by the Forest Department. Want of demand, a sparse population, and absence of communications have preserved these forests so far from the lumberer. Only in the dry steppe region and parts of Turkestan, FUNDS AND ORGANISATION 78 with which we are not concerned here, is there a scarcity of wood. In these Siberian forests, therefore, even in those of which something is known, one would expect to find that the fellings were far below the esti- mated possibility of the areas. And this is borne out by such figures as are available. For instance, according to estimates framed in I91I it was shown that no less an amount than 1,800,750,000 cubic feet of timber were available from the State forests. Of this amount 171,500,000 cubic feet only were disposed of, or something under 10 per cent. In some forests, viz. in the Government of Enessey, the.percentage sold was only 5. And these figures apply only to such of the areas of State forests as have been explored and organised ! Russia has then these large areas of unexploited accessible forests or forests which can be made acces- sible by a not very heavy expenditure. She has also a very large population which can be drawn upon to provide labour. Under the existing methods for exploiting this forest wealth there exist throughout the country over 2,000 saw-mills. How then can this great store of timber be most easily and expeditiously opened out in order to place in the hands of the Allies the large amounts of materials which these areas contain and which will be in such great demand at the close of the war? The difficulties confronting this problem do not appear insuperable. The first necessity would be the provision of funds and the second organisation. My suggestion is that Russia should be asked by the Allies, by the British Government, if necessary, since we are very deeply concerned in this matter, as, unlike 76 TIMBER SUPPLIES AND RUSSIAN FORESTS our other Allies, we have no forest resources of our own at our back, to institute fellings on a large scale in those of her forests which are adjacent to the most suitable ports. Every saw-mill in these regions should be set to work converting timber at high pres- sure, the materials being stacked in suitable depéts for transport to the areas required at the earliest possible moment. A definite scheme for the freight vessels necessary should be drawn up and the tonnage re- quired be earmarked for the purpose for which it is to beemployed. Assoonas the ports or any port of supply becomes open a part of this tonnage should be made available to start bringing the materials ready to the spots arranged upon. This question of freight vessels has been very much before the public latterly. In itself it has of course greatly enhanced timber prices. The maintenance of the present prices is no more to Russia’s advantage than ours or any of the other Allies, since we all have to foot the bill. To undertake the above sketched scheme money will be required to finance the saw-mills, open up inaccessible areas, pay the sawyers and so forth, and my suggestion is that the \British Government advance the sum which will be required for the purpose; whatever the sum neces- — sary, it would be a mere bubble in the enormous present expenditure, and the savings which would result would several times over recover the amount spent. It would be money well laid out. All that is required is a practical working scheme. So far as a study of the question has enabled a con- clusion to be formed it appears that the one practical possibility is to be found in Russia and Russia alone. TO BRIDGE THE INTERVAL \| 77 It appears to be inadvisable to depend on the possibility of obtaining the materials to any great extent from the forests of the Central Powers. We have got to beat them first. No onedoubts that we shall, but no one knows how long the war will be prolonged. Weshould face the position as it now is and make arrangements which will depend for their fulfilment on the Allies alone and on their resources. A brief outline of a suggested scheme is only attempted here. A perusal of the following three articles will, it is trusted, indicate that it is based upon some considerable foundation. We now come to the second point which requires consideration : (2) An arrangement under which our timber requtre- ments during the next forty to fifty years may be assured, — If Great Britain takes up the afforestation question on the scale now so urgently demanded we shall have to wait thirty-five to forty-five years (save in exception- ally favourable areas when the period may be shorter for some species) before we obtain a yield of pitwood and a longer period for timber of larger dimensions. To bridge this interval therefore we should make suitable arrangements in order to ensure supplies reach- ing us at a price at which, economically speaking, it will pay ustotakethem. A survey of the regions from which such supplies are likely to be available during the next forty years is by no means reassuring. It is scarcely possible to credit that some of the countries on whom we have drawn so largely in the past or are so heavily indenting upon at the present moment, and to whom we are paying preposterously high rates for the materials received—it is scarcely possible to 478 TIMBER SUPPLIES AND RUSSIAN FORESTS believe that these countries will be able to continue to satisfy our requirements during the next forty to fifty years. Take the countries across the Atlantic in the first instance. Is it likely that America, with her own colossal demand for timber of all classes and her rapidly diminishing area of, for our purpose, acces- sible forest, will be able to supply the European market for many more years? Canada again isa country with a rapidly increasing population. She has extensive forests. But a great part of the more accessible areas have been cut out. It is not easy to estimate how long she could help the Mother Country with supplies, but it is difficult to perceive how, with her own growing requirements, she could do so for anything like this period. And in each case the cost of transit of the raw material, as the more accessible forests are cut out, will increase.and must inevitably react on the prices and keep them high. The controversy which arose a few years ago over the question of Canada granting America a preferential tariff for wood pulp must be fresh in the minds of many. And how long in any event are these countries likely to be willing to export raw materials as against manufactured articles? Our industries require the raw materials. It cannot pay us to import manufactured ones. A tariff on raw material would kill our industries. Newfoundland may help us for a time with wood pulp, but that is only one item of our requirements. Turning to Europe, the countries from which we have mainly drawn our supplies in the past are Norway, Sweden, and Russia. It is difficult to credit that any one who has any acquaintance with the position of the DEPENDENCE ON RUSSIA — 79 woods of the first two of these countries would be prepared to say that either will be in the position to send us during the next forty years the same amounts of timber we have received annually during the past decade. And if the past is any criterion to the future, we shall require more! Both of these countries have been carrying out heavy fellings to supply the Euro- pean timber market—not merely the British one—and it would be folly to rely upon or expect that the inten- sity of these fellings can be maintained for anything like the period to which we are here limiting ourselves. And this period, remember, leaves out the question of large timber for sleepers, etc., altogether; for it will take us seventy to eighty years to grow that. A careful examination of this problem will, it is suggested, show that, omitting the Central Powers—and even if they are included the position would scarcely be very much better for Great Britain—but leaving these Powers out of the question, it can be shown that it is to Russia and Russia alone to whom we must look for the bulk of the supplies which we shall need, and must consequently obtain from somewhere, during the next forty years. Russia has large forests, how large and how rich in materials it is the aim of the following three articles toindicate. These enormous forest areas contain large quantities of the very materials, pines, spruces, and firs, which will be so much needed in the years to come. Vast areas of forest in this gigantic country lie un- tapped owing either to the paucity of the population or to their inaccessibility owing to the absence of roads and other export facilities. They contain large xe ay: 80 TIMBER SUPPLIES AND RUSSIAN FORESTS amounts of mature timber—timber which requires felling and marketing before it decays and becomes worthless. In drawing attention to these valuable forests there is no intention on my part to suggest any- thing in the nature of the ruthless exploitation which, for instance, has taken place under the egis of great lumber companies in the countries of the New World. Such exploitation in the past has resulted in the total ‘disappearance of the forest in the areas subjected to this treatment. The removal of the surplus growing stock in primeval forests as yet untouched and unex- ploited by man is a very different affair. Under such treatment not only is the surplus harvested before it decays, thus yielding a perfectly legitimate revenue, but the forests are improved by its removal and proper plans for their future management can be drawn up. The accounts of the forest areas in Russia in Europe, in Finland, and in Siberia which follow will, I think, show without question that they do contain a surplus stock of old material which it will be to the interests alike of the forests themselves and the Russian Govern- ment to market. And a unique opportunity has un- doubtedly arrived for marketing them. Great Britain more than any other of her Allies is totally dependent on supplies from without and must inevitably remain so for another forty to fifty years, even if she starts planting on an adequate scale at once; for the small stock of commercial woods she had at the commencement of the war will be practically ex- hausted at its close. It is with Russia then that our Government should cometo an agreement—an agreementwhich should have LEASE OF AREAS 8I as its outcome the certainty that a proportion of the annual amounts of timber, etc., which we require should reach us from Russia during a definite period of years. It might be suggested that the most feasible arrange- ment, for there are several ways of dealing with this matter, would be to lease a considerable tract,!or several tracts, of forest for a period of years and exploit them ourselves under such conditions as regards restocking felled areas, etc., as might be agreed upon. . We have leased oil areas in Persia. There does not appear to be any reason why we should not assure our timber supplies for the next few decades in the same fashion. Du reste, there isa precedent of a kind ; for the Govern- ment of India leased the valuable deodar forests in the Western Himalaya from their local chieftain owners and exploited them. And this exploitationwas commercially most successful both from the Government of India’s point of view and that of the chieftains themselves. It should, it is submitted, prove quite feasible to arrange for the lease of areas in European Russia, in Finland, and in Western Siberia of sufficient size to guarantee our requirements or the greater portion of them so far as they can be at present estimated for this period of forty to fifty years. For such a length of time must elapse between the afforestation of, we will say, 5,000,000 acres of the afforestable derelict lands in this country, provided this work is taken in hand at an early date and on an adequately large annual scale, and the period at which the woods so planted will become exploitable. 1 This suggestion was first publicly put forward in a paper I read before the Royal Society of Arts in March 1916. VIII THE FORESTS OF RUSSIA IN EUROPE! Owinc to the disafforestation which the last few centuries has witnessed in Europe it was held com- paratively recently that amongst European States Russia, Sweden, Norway, and Austria alone possessed areas of forests in excess of their requirements which \| enabled them to be exporters instead of importers of timber and other forest produce. Our Board of Trade Returns show that so far as Russia, Sweden, and Norway are concerned, the same held good up to the outbreak of the war in August 1914. That Austria was also in the same position there is little doubt, although, owing to her geographical situation, her imports to us were small, consisting principally of oak timber. Russia has been termed the “Land of Forests’? and she well bears out the name, for her woods in Europe are of enormous extent, embrace a variety of soil, climate, and species of tree, and where they exist are very intimately bound up with the welfare of the population. Of their importance and influence on the national life the following is rather 1 The information contained in this article is based on observa- tions made and statistics collected during a visit to Russia, and on publications of the Russian Government. It formed part of an article published in the Nineteenth Century for March 1916. 82 ——— \| \| \| \| FORESTS IN EUROPEAN RUSSIA 83 a striking illustration: Only some 4 per cent. of Russian houses are built of stone; 30 per cent. have plank roofs, 70 per cent. thatch or wooden tile roofs, and only 3 per cent. have iron or metal roofing ! The forests in European Russia and the Caucasus have been demarcated approximately and their con- tents ascertained. Those in her Asiatic territories, which are still vaster, are but little known. In their eastern parts and in portions of Western Siberia, investigations have been made to determine the extent and contents of the forests. But much remains to be explored. In the Caucasus 16 per cent. of the total area is under woods, these latter covering approxi- mately 19,354,000 acres. The greater part of these forests extend along the Black Sea region, half of the area of the two Governments of the Black Sea and Kontais being afforested. In European Russia 510,300,000 acres are afforested, representing 39 per cent. of the whole country or, omitting Finland (which has 63 per cent. of its area under woods), there is still 37 per cent. of European Russia under forest. If the large lakes, marshes, etc., are excluded 33 per cent. of Russia in Europe may be taken as afforested—a high percentage. As regards the distribution of Russia’s European forests, the north is well wooded, whilst the steppes of the centre are nearly free of woody vegeta- tion. The south is less well wooded than the north, its average being about 20 per cent. In the north two-thirds of the forests are principally found in the following seven governorships—Archangel, Vologda, Olonetz, Novgorod, Kostroma, Viatka,and Perm. The Governments of Archangel and Vologda alone cover 84 THE FORESTS OF RUSSIA IN EUROPE an area of 1,041,096 square versts (a square verst == 281 acres), equal to the area of Germany and Austria together. In the south the forests are to be found in the ten Governments comprising the Vistula basin, Volhynia, Kiev, Tchernigov, Orel, Riazan, Tambov, Penza, and Orenburg. For forestry purposes Russia as a whole has been divided into the following thirteen zones, each zone having the same lines of export for its materials: 1. North—The Governments of Archangel and Vologda, served by the ports on the White Sea. 2. North Baltic-—Comprising the Governments of Olonetz, Novgorod, Petrograd, served princi- pally by the ports of Petrograd and Cronstadt. 3. South Baltic._—Governments of Esthonia, Livonia, Courland, Pskov, Smolensk, and Vitebsk, served by the important port of Riga. 4. Basin of Niemen.—Governments of Kovno, Vilna, and Grodno. The Niemen river is used to float timber exports into Germany and down to Konigsberg. 5. Basin of Vistula.—Six Governments served by the Vistula, and via Germany to the port of Dantzig. 6. Dnieper Basin.—Governments of Mohilev, Minsk, Volhynia, Kiev, Tchernigov, Podolia, Bess- arabia, Poltava, Ekaterinodar, Kherson, and Taurida. Produce exported to Central Russia by way of Kiev, Kherson, and Odessa. 7. Mineral Region of the Ural.—Governments of _ Perm, Oufa, and Orenburg. Most of the pro- THIRTEEN ZONES 85 duce of the forests of these governments is used locally in the mineral workshops, etc. 8. Upper Volga Basin—Governments of Tver, Jaroslav, Kostroma, and Viatka. 9. Middle Volga.—Governments of Vladimir, Nij ajar. Novgorod, and Kazan. 10. Lower Volga.—Governments of Simbirsk, Sam- ara, Saratov, Don, and Astrakan. 11. Central Russia.—The Governments of Moscow, Kaluga, Riazan, Penza, Tambov, Orel, Toula, Kojelsk, Veronega, and Kharkov. The produce from the forests of these regions is disposed of in the markets of Moscow. 12. The Caucasus, 13. Siberia and Turkestan. The bulk of the forests in European Russia belong to the State. There are, however, both private and communal forests in existence, some being State-aided, as will be subsequently shown. It is well understood that industrial operations are developed as a direct outcome of the presence of fuel and combustible resources in a country. Russia is well off in these factors. In the north, Ural, and the north-east the factories are supplied with wood fuel, in Donetz and the Vistula basin by oil fuel, in Moscow by naphtha. Each of these forms of industry is more or less intimately connected with economic forestry. Sport and the collection of the seed of the cembran pine, important as the latter is in the winter to the population in Siberia, take only a secondary place to the real forestry industry, which, with the develop- 86 THE FORESTS OF RUSSIA IN EUROPE ment of the nation and the growth of industries depen- dent on large areas of forests, is taking a preponder- ating place in the national economy. Throughout the empire the forests play a varying and important part. In the industrial regions large amounts of timber and fuel, etc., are required in work connected with ship- building, railways, engineering works and chemical works using wood. In the agricultural areas sylvi- culture enables the more sterile parts of the tracts to be planted up, as also the fixation of the moving sands (to prevent the engulfing of valuable lands) and of hills subject to erosion, ravines, etc. Protective belts are planted to afford protection against cold and drying winds and shelter to cattle; also to provide fuel which is preferable to straw or cattledung. In the neighbourhood of large forest areas the agricultural population work in the forests in winter to supplement their incomes. The forests are also made use of for grazing herds of cattle, and are also essential to their protection throughout the long rigorous winter period. The Kirghiz of the Asian steppes, for instance, find shelter in the winter in the forests. both for themselves and their animals; the woods also provide timber to construct their houses and fuel for burning. To the fishing industry the forests furnish material for the construction of ships and boats and also prevent the silting up of the rivers by maintaining a cover to the soil of their catchment areas, thus preventing erosion and denudation in the hills. Finally the large export trade of forestry materials from Russia makes con- siderable demands on her forests, in the management and upkeep and exploitation of which-a large popula- SPECIES OF TREES 87 tion finds employment. The forestry labourers proper supplement their incomes during the long dark hours of the winter by toy-making from materials obtained in the woods. ay The greater number of the known European com- mercial timber species of trees are to be found in Russia in Europe, viz. Conifers—Spruces, Pines, Larches, Silver Firs; Broad-leaved trees— Birch, Aspen, Oak, Beech, Black Alder, Lime, Ash, Maple, Plane, Elm, Willow, Black Poplar, Box, Walnut. The chief species are found either as pure woods (of one species only) or in mixed woods, the latter being the commoner. Two-thirds of the total domanial forests of the empire consist of conifers. The most extended of these are the mixed conifer woods in which spruce predominates; then come the pure spruce woods. The fir mixed woods follow in which the firs form the chief species, then the pure fir woods. A fifth of the total domanial forests are mixed woods of conifer and broad-leaved trees, the former predominating. The common spruce (Picea excelsa) is the most widely spread species, forming the chief tree of Northern Russia and of Siberia. P. ajanensis also occurs. P. orientalis is the Caucasian species and P. schrenkiana is the Thian Shan. The spruce grows to a fine size, and is exceed- ingly valuable. The Scots pine (Pinus sylvestris) comes next in extended distribution ; it spreads farther down towards Central Russia than the spruce. In the Ural and Siberia the pine present is the Cembra (P. cembra), valuable in Siberia for its seeds. In the mountains of North Siberia the species present is Pinus pumilio. In the Crimea P. taurica occurs and in the 8 88 THE FORESTS OF RUSSIA IN EUROPE Caucasus the Scots pine and P. halepensis. In this latter region the pines are, however, of secondary im- portance, spruces, firs, beech, and oak being the most valuable species. The pines occur as pure woods covering large areas. The birch forms a natural mixture with the pine and is the most extended of all the broad-leaved species in Russia. It is also found in pure woods which are of great value in the steppes of Western Siberia where it is accompanied by the aspen, and is used for a variety of purposes. With its light seed easily wind borne and its great adaptability it spreads itself easily, occupying areas newly felled over or burnt, etc. The birch grows to a large size, as visitors to Petrograd and elsewhere in Russia must be well aware. The tree in Russia pre- sents very little of the appearance we are accustomed to in these islands. As widespread as the birch is the aspen, which covers large areas as pure and mixed woods both in European and Asiatic Russia. The areas of this species, like the birch, are increasing owing to the extreme ease with which it reproduces itself. It replaces the spruce in the north and the oak in the south. On suitable soils it reaches a large girth and height. The oak is far less widespread than the above species. It is not found in the north nor beyond the Urals. It is at its best in the south, where it forms fine forests. Both European species, Q. pedunculata and Q. sessiliflora, occur. In the Caucasus there are several other species, Q. pubescens, Q. castanecefolia, Q. armenica, Q. macranthera, and Q. mongolica in the Amur region. The larch takes. a considerable place LARCH AND FIR 89 in the forests of the north. The European species (Larix europea) grows in the extreme west on the confines of the Carpathians and in the southern portion of the basin of the Vistula; the Siberian species (L. sibirica) is widely spread in the forests of Western Siberia and is also found in the north-east of Russia in the forests of Archangel, Vologda, Perm, and in parts of Viatka and Kostroma; in Eastern Siberia the L. daurica replaces the other species of larch. This conifer only occurs pure over small areas. It is chiefly found in mixture with other conifers, chiefly pines. The common silver fir (Abies pectinata) occurs in fine extensive pine forests in the Western Vistula basin, the tree here growing very fast and reaching a great size with a high quality of timber. In the north-east of European Russia it is replaced by the Siberian fir (Abies sibirica), which here stretches into the larch zone, crossing the Urals and spreading into the Siberian forests, where it is usually found in mixture with spruce covering extensive areas as yet little exploited. The well-known Nordmann’s silver fir is found in the wooded mountain; of the Caucasus, where it forms pure woods in which the tree is found of large size with re- markably fine timber of high value. The beech occurs in the south-west of the Vistula as also in the Crimea and the Caucasus. In the Vistula basin it is usually found mixed with fir, but it occurs as extensive pure - woods in the Crimea and especially in the Caucasus. The tree reaches great size with a fine timber greatly sought after for furniture making. The old beech of the Vistula is disappearing, but the Caucasian forests are still almost intact. The black alder is fairly widely 90 THE FORESTS OF RUSSIA IN EUROPE spread in damp localities, forming areas of pure woods remarkable for their straight boles and the consider- able height of the trees. The lime ha; a wide distribu- tion, outside the northern regions, over nearly the whole of Russia in Europe and Western Siberia. It is not often found pure, but rarely with oak, and usually occurs as scattered trees in mixture with two or more species. In the broad-leaved forests of Middle and South Russia, the following species are found in mix- tures: ash, maple, plane, pedunculate elm, common elm, and willows, various osiers, aspen, and black poplars in the lowlands near rivers. Of these the black poplar grows with great rapidity and is becoming of some importance. In the Caucasus there are a large number of woody species, over three hundred having been enumerated. In the west the box occurs growing as a lower storey beneath broad-leaved species. The wood fetches more than a rouble the pood (1 pood = ‘32 cwt.). In the forests of Turkestan the walnut has a particular value. It produces knobs and excrescences of large size which sell at as much as 20 roubles the pood. The present development of the Russian forests may be told in a few words. Strict protective measures were inaugurated towards the end of the seventeenth and commencement of the eighteenth centuries. In order to safeguard the timber for the purposes of naval construction, Peter the Great instituted restrictions on fellings in privately owned forests in order to enhance the value of the State-owned property of this nature. The lines on which this policy proceeded were somewhat similar to those instituted on private forest property ae ee eee ee ee EE eee STATE ORGANISATION a by Colbert in France. The Acts of Colbert in this respect were abolished during the Revolution. But before this (about 1788) Catherine II in Russia had eased the restrictions on privately-owned forest property instituted by Peter the Great. From that date the economic forestry problem as it affected the empire occupied the attention of Russian statesmen. These efforts resulted at length in the law of April 4, 1888, in the reign of Alexander III, under which a proper system of forest conservation was inaugurated. Forests which were being overcut were placed under restrictions and valuable woods, as yet untouched, were opened out by the improvement of communica- tions. The law also made express provision for the planting up of areas of moving sand threatening to engulf valuable agricultural land, for the protection of hillsides from erosion and the catchment areas of the great rivers, so important for the floating of timber and for fishing purposes, etc. A Forest Department was created with its central administration under a Director-General of Forests with two Assistant Directors placed under the Minister of Agriculture. The headquarters of the Department, presided over by the Director-General, is divided into ten sections. Purely technical forestry questions are settled by a forestry committee of professional experts to which is attached a Forestry Bureau. The work of this bureau is to examine the whole forestry problem of the empire, both from an economic and general point of view ; to decide upon the value of new suggestions for working particular forests, and to report on forest inventions and special points or questions submitted 92 THE FORESTS OF RUSSIA IN EUROPE for consideration by local administrations or private persons. Joint Forestry Advisers are maintained by the State, each with his own area of operations, to advise private proprietors as to the management of their properties and to aid them in preparing plans of management for these areas. Seed and young plants are sold to private owners at reduced rates. Expert foresters engaged by private proprietors to manage their woods have been placed on a simila scale of salary and promotion to that enjoyed by State forest officers and are rewarded in the same manner with State honours and distinctions. Forestry Institutes and Colleges are maintained for the proper training of the upper and lower forestry staffs. The Forestry Institute at Petrograd for the training of the upper controlling staff, a magnificently equipped forestry building, the largest in Europe, has been in existence for over a century. Research work is carried out at experimental stations, and several Forestry Societies are in existence. The first systematic plans of exploitation of the forests of Russia were made for those in the mineral districts in 1840. Since then very large areas of woods have been brought under proper forest management. The general rotations are from 80 to 100 years for high forests, and 30 to 60 for coppice. Where possible felled areas are naturally regenerated, 1.e. restocked from seed falling from a few trees left stand- ing per acre for the purpose. Latterly, however, artificial re-stocking by planting up with young plants or by sowing seed direct upon the area is being more and more resorted to. Considerable attention is being he a Ronee £P- my MATERIAL AVAILABLE 3 93 given to the planting of areas of waste land in popu- lated districts poor in forest and in planting shelter belts for stock and the protection of the crops; also, as already mentioned, in the planting up of shifting sands and areas subject to erosion in the hills. The next point of importance, a most interesting one to Great Britain, is the question of the amount of materials available for felling and more especially for exportation in the Russian forests. A few years ago it was officially recorded by the Russian forestry authorities that they were cutting far below what is called the possibility; in other words that the in- crement put on in the woods each year was far in excess of the amount of increment, 7.e. the volume of timber, taken out. Also that large areas of old woods which had practically ceased putting on increment and were going back, 7.¢e. losing their sale value, remained standing owing to the impossibility of selling and felling them. The Government estimate of the fellings was that they were removing something under 50 per cent. of the possibility. Matters have altered somewhat since. But there would appear to be a considerable margin to work upon. Of course the chief deterrents to heavier fellings have been scanty population, absence of industries requiring wood, and want of communications, roads, etc., the latter the chief and greatest obstacle. The following example will render this obvious. The larger portion of the State forests are found in the north in the Governments of Archangel and Vologda. Owing to imperfect com- munication these forests are difficult to work. Conse- quently whereas the annual fellings laid down were 94 THE FORESTS OF RUSSIA IN EUROPE 7 cubic feet per acre, the amounts actually felled were only 7 cubic feet per acre or about 10 per cent. Out- side these two Governments the fellings to be made in the State forests were fixed at 22 cubic feet per acre. - Only 13 cubic feet per acre were actually felled, or about 60 per cent. of the prevision. The Vistula basin, where the highest prices were obtained, and the less wooded areas of Central Russia showed better returns, only 6 per cent. of the prescribed cuts remaining unfelled. The Governments of Poltava, Veronega, Lublin, and Radom gave returns of 81 cubic feet per acre of the afforested area. The prices obtained for the various forestry produce naturally vary greatly in different parts of the country. It would not serve any useful purpose to consider this here. Nor need we pause to deal with the fellings made in the private and communal forests of which the returns available are doubtful, since the exact amounts of the fellings and prices obtained are difficult to ascertain. The trees in the State forests are usually sold standing on sealed tender, or by auction, the buyer felling and transporting the produce. State fellings and conversion of the material is only undertaken in rare instances. One of these was during the construc- tion of the Siberian Railway and the installation of the Settlements. Fellings take place between the middle of October and the middle of March. In the north labour is plentiful, the forestry industry being the chief source of livelihood of the population. In Central Russia and in the west there is also no labour difficulty, since the winter puts an end to agricultural activities and the ee al —— MEANS OF TRANSPORT 95 people are available for forestry work. Work is usually paid by the piece. Wages are cheapest in the scantily populated areas in the north and east. For the initial transport of the felled material from the forest horses are generally used to convey it either to the river, railway station, or the nearest local market. The transport is done in winter, snow and frost being counted upon to give the otherwise impracticable roads a hard even surface and render them negotiable. Streams, rivers and canals are the most practical, as they are the most used of all communications for the transit of the forest produce to the distant markets, and Russia is well off in all of these. The rivers, of which we daily read so much in the newspapers, are put to a very different purpose in peace time. Then you may see great rafts of timber, floated many miles from the forests in which it was cut, proceeding silently down-stream to some distant market. The length of floatable water is thus estimated—69,000 versts (a verst = about two-thirds of a mile) floatable, 83,000 versts navigable for boats, and 50,000 versts navigable for steamers. It is estimated that European Russia possesses 25,000 versts of river exclusively reserved for the floating of large rafts of logs, etc., 1,500 used by. the timber boats of wood merchants, 38,500 versts of double tow paths, together with 26,000 versts navigable by steamboats. There are only about 2,000 versts of canals. The most important river is the Volga, and tributaries connected by canals with the Neva and the Northern Dwina ; then comes the Dnieper, Western Dwina, Niemen, and the Vistula. The period during which the rivers, which are free to all for this purpose, 96 THE FORESTS OF RUSSIA IN EUROPE > may be used for floating is the ‘‘ open’”’ season, 1.¢. when they are not ice-bound, and the same applies to the streams (five to eight months). In some Govern- ments, Archangel, Vologda, etc., permission, which will usually be granted, must be first obtained from the Government. The railways also help, to a smaller extent, in the carriage of the produce of the forests, but the freights are of course much higher than for water-borne materials. We now come to a consideration of the wood indus- try itself. This industry has made the most extra- ordinary development in recent years. In 1877 its total value was only about 17,000,000 roubles. In 1897 it had reached 103,000,000 roubles. It is now nearer 200,000,000 roubles (£21,667,000). The chief branches of this industry are the saw-mills, of which there are some 2,000 in the country. The most important are to be found in the Governments of Archangel, Livonia, and Petrograd. The materials sawn up in these mills are mainly exported, the greater part to Great Britain. Elsewhere the chief mills are situated at the mouths of the Volga, Dnieper and the Don, and in the Governments of Orel, Saratov (especi- ally the town of Tsaritayne), Volhynia, Petrokov, Kherson, Smolensk, Kiev, Novgorod, Olonetz, Jaro- slav, and Keletz. The companies which own and run these mills are well-known commercial undertakings and in some cases are very intimately concerned with the forestry materials exported from Russia to this country. In fact, the saw-mills may be considered to be one of the re er el ~ SUBORDINATE INDUSTRIES 97 most important factors connected with the foreign — export trade. Next to sawn timber comes furniture making, which is animportant industry. The chief factories are to be found in the Governments of Petrograd and Moscow. Cooperage also employs a considerable amount of labour in the Governments of Astrakhan, Kherson, Kontais, and Jaroslav. Amongst subsidiary forestry industries are those of the wheelwright and coach- builder, which chiefly flourish in the Governments of Petrograd, Moscow, and Kiev. The match-making industry is spread throughout the forest regions. The industries of wood pulp and cellulose manufac- ture are still in their infancy, though both are now developing with some rapidity. The dry distillation of wood is another industry which has a future before it. Tar, pitch, and oil of turpentine are all produced in Russia, but in compara- tively small amounts considering the enormous area of the woods. The industry is, however, developing. It will be now of interest to glance at the exports of forestry produce from Russia. A very large amount of the materials from the vast forests is of course used in the country, the chief means of transport being the rivers, down which the materials are floated. Of these the chief are the Volga and tributaries, the Dnieper and the Vistula. A smaller proportion is carried by railway, more especially in Central Russia. The material thus transported is used in the industrial and populous centres of the country. In the northern provinces, in the Governments of Archangel and Vol- ogda, forestry materials are scarcely required in the 98 THE FORESTS OF RUSSIA IN EUROPE country owing to the scanty population and to the absence of industries requiring wood. This area is exclutively an exporting one. _ The chief Russian forestry exports are: (a) Logs, poles, faggots, fascines. (6) Squared timbers, posts, manufactured wood. (c) Planks, laths, shingles. (d) Pitch and tar from conifers and the birch, oil of turpentine, turpentine. (e) Walnut wood, palm tree wood, and oak bark. These may be divided into five classes of exports ; (1) Raw materials. (2) Dressed materials. (3) Wrought or worked up (planed) materials. (4) Products of dry distillation of wood. (5) Products of wood. The chief countries to which Russia exports forestry materials are Great Britain, Germany, Holland, and France. The first two take over one-fourth of her total exports. In recent years her imports to Germany have increased rapidly, the increase being greater in proportion than the increase to Great Britain. In Great Britain Russia finds as rivals in the timber markets Norway, Sweden, Canada, and the United States of America. In Germany her rivals are Austria, Sweden, and North America. Next to Great Britain and Germany, Holland occupies the third place as a buyer of wood from Russia, Sweden being a competitor. Lastly comes France—Russia’s competitors in this market being Sweden and North America with Austria, who sends her oak. A large proportion of the wood is exported by sea ——-* ——- CCU lee eee eee ee ee ee ee - EXPORTING CENTRES 99 transit from the ports of Riga, which is the chief Russian port for this produce, Petrograd, Cronstadt, and Archangel. The exports to Germany are princi- pally floated down the Niemen to K6nigsberg and down the Vistula to Thorn, Schulitz, Dantzig, etc. So far as the values of the exports are concerned, Riga holds the first place as an exporting centre, from whence we get the trade name of “‘ Riga pine.’’ The chief materials are planks, sleepers, squared timbers and dressed timber and pit props, of which several millions are annually exported abroad. Great Britain takes the greater part of the Riga exports. Much of this material holds a high place in the timber ‘markets, owing toitsgreat excellence. Petrograd and Cronstadt take second rank as exporting centres. The material consists chiefly of sawn timber (planks), of which spruce planks are the chief. Over 60 per cent. of these exports come to Great Britain (Hull and London), 20 per cént. to Holland (Dordrecht and Rotterdam), 10 per cent to Germany, and the rest to France and Belgium (latter 2 per cent. only). Archangel takes the third place, planks being the chief material exported, three-fourths of which are sent to Great Britain, the remainder to Holland, France, and Belgium. Tar, pitch, and turpentine are also exported from Archangel in barrels, the greater part coming to Great Britain, the remainder going to Holland and Germany. On the White Sea after Arch- angel comes the port of Onega, which exports abroad considerable amounts of sawn timber. On the same sea other ports of export are Kem and Kovda, Soroka and Keret. too THE FORESTS OF RUSSIA IN EUROPE On the Baltic, after Petrograd, Cronstadt, and Riga come the ports of Narva, which exports annually large amounts of logs and planks, Libava (dressed wood materials), and Windaw and Pernau (the same). On the Black Sea Odessa is the most important port, dressed and squared timber being the chief exports, principally sent to Great Britain. Oak timber is also sent to France and Algeria. Novorosiiske is also a rising timber-exporting port on this sea. In the Caucasus Batoum is the chief port, exporting walnut wood and palm wood. On her western continental frontier Russia’s chief exports of forestry materials go to Germany. These are cut in the wooded provinces through which flow the Niemen and Vistula, the mouths of which are both in Germany. The material is principally exported as logs or roughly squared timber floated down the rivers in rafts. On the Vistula some of the material is sawn up in saw-mills situated at the Russian frontier. It is important to note, however, that all this material is not taken by Germany. A considerable amount is floated down the German portions of these rivers to the ports of Kénigsberg and Dantzig, both of which are important ports for the Russian timber trade, and is sent to Great Britain and Holland, etc. At this juncture this is a point worth remembering. In spite of its great richness in forest materials, owing to inadequate development of its forest property and the poor state of communications Russia herself imports forest products, to certain of her unwooded centres, of the kind she exports from her afforested areas. Her imports consist of logs, poles, billets, IMPORTS TO BRITAIN 10 faggots, squared timber, planks, laths, tar, turpentine, cellulose, wood pulp, valuable exotic woods, oak bark for tanning, cork, etc. These imports could all be obtained at home either in Russia in Europe or in her Asiatic domains, except perhaps one or two of the more valuable exotic timbers, and in the last few years she has made great strides in developing her forests. How far she will be able to maintain or increase her exports from the European part of her dominions in view of the growing needs of her immense population is. a matter which remains, perhaps, in some doubt. Unquestionably, however, there are still large amounts of exploitable timber in North Russia, Finland, and Western Siberia. Itisa matter in which we, more than any other nation, are supremely interested. A glance may now be taken at the Russian imports to Great Britain for the last year of which we have record before the war burst on Europe, #.e. for the year 1913. The materials received may be divided into six classes of produce, consisting of conifers, ¢.e., pines, firs, larches ; and hardwoods—oaks and other broad- leaved species, as follows : (1) Logs, sawn, split, and planed. (2) Pit props and pitwood. (3) Wood pulp. (4) Oak logs. (5) Wood manufactures, furniture, etc. (6) Foreign hardwoods. The amounts in loads and values in pounds sterling of these materials received during the year in question were as follows : Oe brr'LSr 1€S‘goh LLEIE =\| ghotze zgS‘oL Szr'zbz Sgr‘6b gSL'Ezr “‘Farsenpea \|ymo ursarryaend \| “F arsonpea \| “yd arsopyjaeNd ‘JF arsanpea \| "yaoarsanyaenG\| F ursonpea \| -ymo UT saHUeND STVLOL “ANIINGdUOY, £0 TIO av "HOU €161 ONIMNG VISSAN WOUA AAAIBIAaA doom f0 sLondoudd ‘ €r16r re9ah out Sump vissnyy Woy paAtesel 91am sjunoure Surmorzjoy oy} ‘eunuediny jo flo pue ‘1e} ‘yoqId “poom fo sjonpoid 94} JO A[ao (stuo}) \| sonyea ut (suo) . 900‘L11 \|000'662'r \| o00'9grt \| 000'r¥S \| o00'S 1b‘z \| ooo‘grh‘or \|\| TES‘6 \| pozonG 000'€z \| o00‘od \| #1Z‘gES‘1 \| 000‘069‘E Z o2g ‘amy \|. P poom ‘poured 7 o2g ‘anya 5 poom pouerd Spoor ‘ sBo, yeOQ.\| “dnd ‘ ‘spoom ‘ "S80, ¥eo\| “dnd ‘ -myy ‘seiny \| -yid pue yids e -Ing ‘semn} \|. -yid pue pue ‘}11ds -pieH :spoom \| poomr PE ad oo ‘ weH \| ~ :spoom \| Pooay ‘ ‘ wsr9108 emt \| pret, [+8009] TE ruo> een abpor04t eo omt \| -PEBEL \|: SIOFIUOD edoxd wa \|aaos ‘5507 : :gIeyMOD \| : seyTUOD (9) (S) () (£) (z) (t) (9) (S) (+) (€) (z) (1) Suyieys F Ur sanfea €161 YVAA AHL ONINAG VISSOU WOMA GAAIBOAU SIVINALVW ISHAHod 102 NEED OF A NATIONAL PROGRAMME — 103 No acetone, a material of such importance at the present moment owing to its use in the manufacture of munitions, was imported from Russia during 1913. As may be known, wood yields 2 to 6 per cent. of its weight in pure acetic acid, which is extensively used for making vinegar. In wood vinegar there is always some acetone, which is a combustible liquid in which oils, resin, and gun-cotton are very soluble. Acetone is now, of course, used in the manufacture of propul- sive powders. It would appear that Russia equally with ourselves was far from appreciating the importance of this pro- duct of wood or the danger of allowing Germany to retain a practical monopoly of it. With our extensive and valuable Indian forests and those in the Colonies we could have supplied our own needs in this material, and doubtless those of others also to some extent, at this juncture. Russia with greater ease than ourselves could have provided from her vast European forest resources all that was needed. But factories and plant are required and organisation, and all this takes time, and is difficult to arrange for in actual war time. We are getting to work now in this direction, but a more general appreciation of the need of a national afforestation programme and the economic importance to a nation of maintaining a certain percentage of its lands under woods worked on a commercial basis would have prevented our present dangerous position, IX THE FORESTS OF FINLAND AND EUROPEAN TIMBER SUPPLIES ' THE Great War has given rise, in certain parts of Europe, to almost unprecedented demands for various classes of timber. The materials have been utilised in a variety of ways, outside their ordinary peace-time usages ; for the flooring, walling, and roofing of trenches and dug-outs, the hutting of troops in training, the pre- paration of barbed wire entanglements, the handles of entrenching tools, and for many other purposes, both naval and military, which are better perhaps left undisclosed. It was estimated the other day that there were some 2,000 odd miles of trenches on the Western and Eastern fronts. To construct these an enormous amount of wood has been needed. The whole of this material is lost to the world, for what remains of it at the end of the war will never prove serviceable. This excessive consumption of wood, outside its legitimate purposes, has rendered necessary the institution of a very careful inquiry into the sources of present and future accessible supplies and 1 Atlas de Finlande. Articles by Prof. A. K, Cajander, P. W. Hannikainen (Director-General of State Forests), and A. B. He- lander (Inspector of Forests). Helsingfors: Geogr. Society of Finland, ro1r. 104 — ae FUTURE GREAT DEMAND 105 into the probable amounts available in the forests of the allied countries situated in Europe. Urgent as this problem has already become to some of the Allies, ourselves for instance, the question will be still more acute at the close of the war. A previously undreamt- of demand must inevitably make itself felt with the advent of peace. It is becoming therefore an impera- tive duty—and each month that passes adds to the urgency of this duty—that the Allies should place themselves in a position to deal with the question in the least wasteful and most efficient manner possible. Owing to our insular position, we are, or should be, even more concerned in grappling with this problem than those of our Allies who will have forest resources of their own to fall back upon. Competition in the timber markets at the close of the war between coun- tries now fighting as close allies will on the one hand be playing into the hands of the Central Powers, and on the other be alike fatal to true economy and to rapid progress in the rebuilding of the towns, villages, and homesteads which have practically ceased to exist within the areas devastated by the operations of war. And this great demand, even in the absence of such competition, must, it is to be feared, react unfavour- ably on industries dependent on wood for their raw material. The economic questions involved require to be carefully thought out and a settled plan of action determined upon between the Allies now. The great forests of some of the European nations and their contents, both in volume of timber, sizes and classes of materials, and estimated values, are more or less well known. For instance, the fine forests of 106 THE FORESTS OF FINLAND the Central Powers and their prospective value and importance when peace comes can be more or less correctly estimated. The same may be said for the forests of France and of some other western European nations. Norway and Sweden, as is well known, have continued to supply, down to the commencement of the war, and in fact to the present time, large amounts of materials of the classes here under consideration. It is difficult, however, to forecast the extent to which they will be able or prepared to assist us in meeting the infinitely greater demands which must arise in the near future. They have been taking advantage, Sweden especially, of the high prices now existing. But are they prepared to continue to do so and can their forests stand the strain? Sweden has been cutting very heavily in her northern forests for several - decades past, large tracts of which were leased about the middle of last century to big saw-mill companies. There appears little reason to expect, or even, in the future interests of the countries themselves, to hope, that the Scandinavian Governments will continue to consent to the exhaustion of their forests even to take advantage of an excessive inflation of prices, It has also become the duty of the countries most directly concerned to endeavour to prevent such an inflation of prices as would be- the immediate outcome of direct competition amongst themselves in the timber markets. At the same time, it is a first necessity in the interests of future generations that the forests of Europe should be so managed that as little interference as possible may take place in the existing plans of management of the woods. Such a SOURCES OF SUPPLY 107 plans are primarily based on the removal of the normal increment; or, to put it in more popular language, on the removal of the annual interest, while the capital is left behind intact. Over-cutting means trenching upon the capital, interference with the supplies of the future, and is financially unsound in the case of large areas of forest managed by the State on commercial principles in the interests of the community. It is admitted that to some extent it should be possible for America and Canada to assist us in this matter. They have, in fact, been taking advantage of the high market rates, but it is these rates which it is imperative should be brought to a lower level at the close of the war, and if possible before this proble- matical date. This problem, in its main issues, is one for the Allies alone, and they will certainly be called upon to solve it for themselves. ee The sources of supply form the first point for con- sideration. It becomes necessary to ascertain whether . there exist in Europe accessible areas, or areas which can be made accessible with comparative ease and at a remunerative outlay, of commercially exploitable. forest which can be utilised to supply the heavy demands which will exist. There are other matters of urgent importance, such as the afforestation through- out Europe of all land which in the opinion of experts will prove financially sound in the interests of the several communities. This and other problems which will arise have to some extent been already dealt with. Having settled upon the source of supply, the next _.point to ascertain is whether the commercially exploit- able forests referred to above contain an excess of old 108 THE FORESTS OF FINLAND growing stock, t.e. whether, owing to insufficient demand in the past, or to a scanty population, to their inaccessibility, or the existence of forests in the country with better export facilities, these forests have been left unexploited up tonow. Itis forests of this nature which the world has been busily cutting out for over a century, and more especially since the advent of steam communication. The greater part of them have been already exploited or ruined by fire and other causes. Tracts of considerable size and practically untouched do, however, exist; and Russia probably owns the greatest area of them in Europe. A considerable portion of these forests are managed by the State Forestry Department of the country, and, save in the more densely populated parts, the fellings made annually in these areas have been far below the possi- bility ; in other words, want of demand or of export facilities have rendered it impossible to remove the annual amount of timber which proper forest conser- vancy and a correct management of the areas on finan- cial lines would indicate and justify. Russia proper has been already dealt with. There remain Finland and Siberia, both of which contain vast tracts of such forests, some more accessible than others. It is pro- posed here to confine ourselves to a consideration of the forests of Finland, which, owing to their proximity to the sea and their comparative accessibility, should, if the matter is managed on statesmanlike lines, prove of incomparable value to the Allies in the near future. Finland forms the N.W. corner of Russia in Europe ; it is bounded on the south by the Gulf of Finland ; the lower half of its western shore is washed by the FRESH WOODS \| 109 ‘Gulf of Bothnia, while the upper half is bounded by Sweden. ee From time immemorial the forests of Finland have played a very important part in the development of the country. In the distant past, when the popula- tion lived a nomadic existence, they hunted in the forests to supply themselves with food. With the advent of agriculture, the forests still continued to play an integral part in the life of the people. Areas were felled and burnt to provide additional room for the raising of crops, the ashes of the burnt materials forming a valuable manure for the new fields. The method is still practised in Eastern Finland, economi- cally wasteful asitis. Materials for building purposes, heating and cooking, agricultural implements and so on, were all derived from the forests. But except to provide the local needs of the population the forests had little other use. Until comparatively recent times there was no export of forest produce, nor were the forests conserved in any way. Small beginnings were made in 1862-3 with the establishment of a Forest Service and a forest school at Evo. But progress languished. It was thought that agriculture would pay better; and for years subsequently all efforts were concentrated upon this business. It was grad- ually perceived, however, that the high hopes placed on successful agricultural development were to be dis= appointed ; exports of agricultural produce remained small, while, so late as 1907, Finland was importing over £4,000,000 worth of cereals, grain, etc. On the other hand, during this period, the value of the forests gradually increased. The exports of timber, from be &0) THE FORESTS OF FINLAND being negligible, amounted in 1907 to nearly {9,500,000 sterling, or 70 per cent. of the total exports of the country. And this in ‘addition to providing all the wants of the local population. The greater part of Finland, with the exception of the coastal regions, where the-soil is argillaceous and - more or less fertile, and the great prairies stretching along the rivers of Ostrobothnia, is a forest country. The soil is poor and stony and the climate cold—both factors more adapted to tree growth than to agricul- ture. Other points favourable to the maintenance of the forests of the country are the ease with which they can be renewed naturally by seed falling from parent trees, thus eliminating the expenses of planting ; the small snowfall, which does not impede felling and extraction operations in the winter ; the abundance of water transport, which forms a net-work of excellent communications ; and the amount of available water- power for driving saw-mills, etc. The State owns about 36 per cent. of the area of Finland, or 32,804,695 acres, excluding some small areas purchased by the State for various purposes. Of the above area 32,078,457 acres are covered by Government forests, the remaining 726,238 acres com- prising chiefly farms and other Government enterprises. This large area was constituted a State forest in olden times, as in so many other countries, when forests were not considered to possess any economic value, all land not at the time under private ownership, or occupied by villages, becoming crown property. At this period the area was considerably larger than 36 per cent, of the whole country, large grants having APPROXIMATE AREAS OF FOREST m1 been made from time to time for extending cultivation and other purposes. Even at the present day such grants continue to.be made, but only after a careful examination of the areas to ascertain whether they can be put to better economic use than by the growth of trees; for the economic value of the forest, in the interests of the people and the country at large, is now fully recognised. Accordingly, the Government has within the last few years extended the forest area in the south and centre of the country by purchasing extensive .areas of privately owned forests. The following table shows the approximate areas of forest in the eight Govern- ments of Finland : Estimated approximate areas, in acres, Area Name 7 Cultivated lands including ‘ of water, Best lity {Better classes Government. \| i acres. vil ed Meadows foresteciia: \|° marsh and \| Water. ‘ areas. Nyland . 6,662 85 190 4,755 1,132 500 Abo. . 368,467 \| 3,187\|- 8,030} 174,237] 173,117 9,875 Tavastehus 249,757\| 3,539\| 5,837; 146,815 84,420 9,145 Viborg . 624,132} 365] 4,832 322,317 260,835 35,682 St. Michael 102,627\| 537 680 64,412 31,462 5,535 Kuopio . \| 1,318,197] 1,425\| 7,552 668,242 597,847 43,130 Vasa + \| 1,034,430] 4,715\| 13,332] 527,700] 465,155] 23,527 Uledborg . \| 28,374,562 \| 6,242 \|110,977\| 11,814,245 \| 15,294,147\| 1,148,950 TOTAL . 32,078,834 20,086 \|151,430 \| 13,722,723 \| 16,908,115] 1,276,344 The above figures show that forest soils of the best quality occupy an area of only 13,722,723 acres, or 43 per cent. of the total forest area. Bog or fen areas of the better class (16,908,115 acres) are either covered with forests or are rocky and bare areas of little forestal 112 THE FORESTS OF FINLAND importance. A portion of the good quality forest soils are situated in the far north, and the forests on them are chiefly maintained for protective purposes. There remains, however, a large area of State forests con- taining merchantable timber of good quality. But this does not by any means exhaust the forest resources of the country. In 1899 (the last valuation made) it was computed that there existed 24,688,677 acres of private forests occupying best quality forest soil, and 4,597,235 acres of afforested bog and fen land. These figures include areas of forests on Government farms, ecclesiastical farms, and communal forests. The communal forests, belonging to towns and villages, are of interest. For instance, the town of Kajana, which owns the largest forest estate, possesses an area of 24,192 acres; the town of Tornea about half this amount, Kuopio nearly a third, and so on. Timber-working companies also possess forests of their own amounting to 1,421,847 acres, managed for purely commercial purposes. No less than 55 per cent. of the country which has been cadastrially surveyed is in the hands of private proprietors, who thus own the greater part of the private forests. These areas, in consequence, play an important and, so far, a not un- successful part in the economic forest policy of the ~ country, although their sylvicultural treatment leaves ‘much to be desired. So far as their exploitation goes, i.e. their conversion into cash, the private properties ‘have been the chief source of timber export in the past. In 1906 only about 13 per cent. of the raw material used by the saw-mills came from the State forests, and in 1907 only 16 per cent. In 1907 Finland ex- NATURE OF THE TREES II3 ported one million cubic metres of pit-timber and 420,000 cubic metres of wood for paper-making, while in that year all the State forests only yielded 78,000 cubic metres of these materials. There is practically no restriction to fellings made in areas of forest owned by timber companies and private persons ; and conse- quently their methods of working are usually wasteful and extravagant. There exists a law under which the owner is bound to take measures to reafforest all areas of above twelve acres in extent which he clears, but it is a dead letter. The future of the country, so far as its forestry resources go, will depend more and more upon the State forests, unless the forest laws are revised and drastic measures taken to enforce them. Here, however, we are more concerned with the timber export possibilities of the country at the present time ; and in this connection the whole area of forests, State and private, requires careful consideration. The history of the forests of Finland and their nature may be told in a few words. When man first made his appearance in Finland the whole country was a vast forest. The chief trees were the Scots pine and the spruce. The pine had originally formed vast pure forests, but on the better classes of soil it was giving place to the spruce, which had come in from the East. The areas on the shores of the Arctic Ocean and the elevated mountains were bare. Between the barren area (tundra) along the Arctic Ocean and the forest zone proper stretched a narrow band of stunted birch. In the south, especially to the south-east and south- west, groves of oak occupied the more fertile soils in the plains and on the lower slopes of the hills.. On II4 THE FORESTS OF FINLAND similar soils in other parts of the country mixed woods probably existed, containing in the centre and south, amongst other species, the maple, ash, elms, lime, etc. The water-courses were bounded by meadows and fringed with narrow belts of birch and alder. This period was followed by the drying-up of the lakes and the flooding of the forest soil by water which gave rise to vast marshes. The peat areas grew stunted pines, the swampy ones spruce or birch, or, in places in the south, the glutinous alder. Man has since then considerably modified the nature of the forests, the marked transition following the period at which he settled down on the soil in organised com- munities. Fire played animportant part in the change. There are probably few of the afforested areas in Fin- land which at one time or other have not been ravaged by fire. For example, fires destroyed either wholly or partially 160,752, 135,557, and 168,905 acres of State forest in 1868, 1883, and 1894 respectively. These fires have considerably altered the distribution of the pine and spruce. The former, having a thick bark and deep-going roots, is easier able to resist fire than the thin-barked, shallow-rooted spruce. Also the young pines suffered less from frost and drought, and were thus able to occupy, with greater ease, the burnt, ex- posed and dried-up areas. The more often fire passed over an area the quicker was the disappearance of the spruce from the locality, the species only remaining in deep damp hollows into which the fire could not pene- trate. Inareas which suffered in this way in the past, the drier sandy soils are now occupied by forests of pure pine, the more fertile soils being covered with birch, SPRUCE 115 This latter species, owing to its very light seed, easily wind-borne, and to the fact that it seeds abun- dantly every year, while the pine in Central Finland only produces a seed-crop every seventh year, quickly invades burnt-out areas. The year following a fire will see the birch beginning to appear. The great stretches of birch forest existing in Lapland and Northern Finland arose in this fashion. Other great tracts of poor soil existing in Finland, now absolutely devoid of tree-growth, are also chiefly the result of incendiarism, and, to a less extent, of the wasteful devastation by man of the previously existing forests. With the protection of the forests and the rarer occur- rence of fires the distribution of the species again began tochange. Starting from the swampy lands and damp hollows where it had held its own, the spruce invaded the pine and birch forests, forming at first an under- wood. With the development in height and crown extension of this spruce underwood, it in time came to form a high forest, from which the old pine or birch gradually disappeared. Owing to the thick shade which.the spruce throws on the forest floor below, no young pines or birches—both species requiring light to enable them to develop—could grow. Young spruce, on the other hand, are able to develop in the shade of their parent trees; and, owing to this peculiarity, the species gradually took possession not only of all the soils on which it was able to grow to perfection, but also of others less well suited to it, which, from a com- mercial point of view, were better occupied by the pine. In the coastal regions of Nyland and the Governments of Abo and Vasa the spruce is already 116 THE FORESTS OF FINLAND more widespread than the pine. In other parts of the country, such as Ilomantsi and Korpiselka, great stretches of spruce forest exist; and here, doubtless owing to the presence of extensive swamps and deep ravines, fire was never able to spread to any great extent, so that the spruce forests were never destroyed by this agency. Another agency, probably even more destructive than fire, was the pernicious custom of ** shifting cultivation.’’ A patch of forest was felled ; the felled trees were fired, and the burnt ashes strewn over the area; and one or more successive agricultural crops were then raised upon it. As soon as the area no longer yielded a satisfactory crop without under- taking a more intensive cultivation of the soil, the cultivator moved on to another patch of forest, which he treated in the same fashion. The spruce forests were the first to be dealt with in this fashion, because they occupied the best soil. When the cultivator left the area, it was seized upon and rapidly covered by the light-seeded birch. Where the cultivation had taken place on drier areas of poorer soil, the pine subsequently appeared. Of all methods of cultiva- tion this system is the most pernicious. But the birch forests were not the only result of treating areas of better-class soil in this fashion. When, in course of time, the birch forests were in their turn felled and burnt for a like purpose, the birch gave place to forests of white alder; and the more often the burning took place on such areas, the purer became the resultant alder forest, owing to the fact that the alder reproduces itself by sucker and coppice shoots, and that these grow quicker than seedling birch, and ALDER 117 thus in the struggle for life killed out the latter. The extensive forests of alder which exist round the villages in Carélie, in the Savolaks, and in parts of Tavastland, originated in this manner. The system, which is still practised in the east of the country with Government consent, has caused the disappearance of great areas of valuable forest in Finland. Already, in parts, efforts have been made to ameliorate the con- dition of affairs by burning areas of pure alder and sowing pine seed on the resultant bed of ashes. The one favourable feature of the alder forests in the past was the fact that, owing to the open nature of the woods, a fine crop of grass grew up which was used for pasturing cattle. But, as has been shown above, most of these areas would carry a much more valuable. conifer forest. Large areas of privately owned “ forest,” if it can be given the name, consisting mostly of birch and scattered alder, are also used as cattle parks, a most wasteful method of utilising good forest land where national economy is considered. In the north of Finland and in Lapland the custom of reindeer breeding is also destructive to the forests, by rendering it almost impossible to raise young crops of trees. Since the reindeer lichen, which grows on the moors, is not nearly sufficient for the great herds reared, the shepherds fell large numbers of spruce covered with lichens (A/ectoria, etc.), upon which the reindeer, in the absence of a sufficiency of the other plant, have to feed. The State suffers considerable losses owing to illicit fellings made for this purpose in areas where the forests are very large and the protec- tive staff too small to stop these wholesale thefts. 118 THE FORESTS OF FINLAND _ The distribution of the various species of tree in the forests of Finland is a point of considerable interest at the present time. The Scots pine (P. sylvestris) is the dominant species _over the greater part of the dry moorlands and areas of pure sand. It also occupies, practically alone, the numberless peaty areas. Mixed with other species, it covers the slightly better class of soils, although here the spruceis usually present asan underwood. Onall these classes of soil, both favourable and unfavourable, the pine in Finland develops a fine straight stem which always finds a ready market. The spruce (Picea excelsa and P. obovata with inter- mediate forms) covers the greater part of the swampy soils. It also forms the dominant species on the more fertile soils which have not been subject to bad fires. It is for this reason that the spruce is commoner than the pine in Finland proper, the sea-coasts of Western Nyland andthe Government of Vasa, and the northern parts of Carélie in the direction of the Russian frontier. In the State forests in the north and in the regions adjacent to Suomenselka the spruce occupies areas in which, from the commercial forestry point of view, it is not the species most suitable to the soil. It is also present in nearly all the mixed forests which grad- ually pass into pure spruce areas. The birch (Betula verrucosa and B. odorata) forms the chief species on the extensive tracts of Lapland and North Finland which have been subject to incendiarism. It also forms more or less extensive forests in all parts of the country which have been subject to fire, or to the pernicious system of shifting cultivation in which fire BIRCH, ALDER, OAK 119 plays so important a part. Cattle parks are often chiefly covered with birch. It is also present in the mixed forests and in the areas which have been long worked irregularly to furnish the domestic require- ments of villagers and private proprietors. The two species are found generally together, B. verrucosa pre- ferring the drier and B. odorata the moister localities. The white alder (Alnus incana), originally only exist- ing as a fringe to the water-courses (with the exception of the coast in the south-west of Finland), has become, as a direct outcome of the system of shifting cultiva- tion, the chief species over great tracts in Carélie, the Savolaks, Tavastland and the regions beyond Kajana. The glutinous alder (A. glutinosa) forms narrow pure woods along the shores of the lakes, especially in the south-west of Finland. In the south it spreads over the marshy lands, where it occasionally forms pure woods, as, for instance, in the coastal regions. The oak (Quercus pedunculata), which formerly, in the “‘ oak period,’’ held a place of considerable import- ance amongst the forest species in the south, is now only found in small isolated woods in the extreme south. The aspen (Populus tremula) is widespread, and is found on the fertile soils as well as on the driest of the sterile moors, but only reaches consider- able dimensions on the former soils, where it occa- sionally formssmall pure woods. Larch (Larix stbirica and L. europea) has been introduced and some of the plantations formed have done well. The oldest, of L. stbirica, was planted between 1738 and 1820 and shows excellent results. Willow, maple, ash, lime, and elm occur sparingly in the south. Io 120 THE FORESTS OF FINLAND The oldest fellings in the forests of Finland were made for what may be termed purely domestic require- ments, such as firewood, charcoal, timber for building, household and other purposes, for small enclosures, and for obtaining tar. The fellings were undertaken without system, the best materials for the purpose in view being selected and the remainder left standing on the ground. In this fashion, in the neighbourhood of villages and townships, the forest gradually became open and honeycombed with holes and glades in which birch, alder, and aspen made their appearance. The trees were also topped and hacked about to provide litter or fodder for cattle and sheep. When an out- side demand for timber sprang up and made itself felt in the country, the really destructive fellings began; and certain of the privately owned forests have been more effectively ruined by the methods of felling employed than by all the previous damage they suffered from fire, shifting cultivation, and cuttings made to supply local requirements. The sales from private forests commenced with the introduction of the saw-mill industry in the middle of last century. At first only material for the mills was required, and the damage done was not of great con- sequence. But soon the demand arose for pitwood, wood pulp, etc. ; and private forests were felled whole- sale. Great stretches of them were often sold standing to the timber merchants, who cut everything on the ground which could be sold, what was left on the areas being worthless. Thusconsiderable areas of privately owned forest wereruined. In the State forests, on the other hand, the management went to the other extreme. ; ‘ —— 4 i 4 i) i C ————— ———————— UNDERFELLING 12 The only fellings undertaken were made on what is known as the selection system. Only sound logs were sold, the oldest trees being selected here and there in the forest for the purpose. Only small openings were made in the canopy by the removal of these trees; the forest was thus kept too dense, and young trees, with the exception of spruce, had not sufficient light to enable them to develop and take the place of the old onesremoved. Under the system the spruce came in and occupied soils which should have been confined to the Scots pine only. The idea underlying this method of felling was “‘ to spare the forest,” 7.¢, that to underfell was good sylviculture ; whereas, to carry over from year to year a preponderance of mature and over-mature growing stock is neither good sylviculture nor sound forest finance. Recently this system has been modified by the order that cleanings should be made in the cutting areas when the old trees are selected and felled. The chief point for our pur- pose in this management of the State areas is that, as the forests have been admittedly underfelled in the past, they must contain a considerable preponder- ance of old growing stock, 7.e. of mature timber ready for the axe—timber which it would bein the interest of the forests themselves to remove, and which should prove a great asset to the Allies at this juncture. The Finland Forestry Department was created in 1863, but owing to the almost total absence of timber sales from the forests the progress of the new Depart- ment was very slow. The protection of the forests formed its chief work and proved most necessary. The people, as has been the case in most other coun- 122 THE FORESTS OF FINLAND tries, looked upon the forests as their own to enter and cut timber, etc., at their will; and the forest officials had for years to face open hostility on the part of the public in carrying out the new regulations. The staff was far too small to undertake the work entrusted to it; and the revenue realised from the sales of timber, in the absence of all knowledge as to the contents of the forests, did not even cover until 1872 the expendi- - ture of the Department. From that year a surplus, which gradually increased in amount, was realised ; but the excess of receipts over expenditure only showed a notable increase (with small drops) from the year 1890 onwards, as the following table exhibits : t Year. \| Receipts in f- dle “Fe Deficit in £. \| Surplus in f.\| “in a ie ‘ receipts 1861 5,064 18,247 13,183 360°33 1870 10,242 21,389 11,147 208'84 1880 49,337 33,898 15,439 67°70 1890 108,332 39,126 69,205 36°12 1900 \| 244,900 47,884 197,015 19°57 Ig0I \| 176,973 45,619 131,354 25°78 1902 185,108 50,548 134,559. 27°31 1903 326,660 74,540 252,120 22°82 1904 306,606 72,115 234,491 23°51 1905 240,775 88,859 _ 151,915 36°91 1906 \| 349,790 90,752 259,037 25°94 1907 \| 496,717 \| I11,253 385,463 22°40 1908 \| 463,396 \| 147,421 315,974 31°84 1909 \| 464,089 \| 189,529 278,559 40°80 19101 \| 660,000 195,000 465,000 29°00 These figures prove two things: (1) a satisfactory pro- gress in the exploiting of the Government forests be- tween the years 1900 and Ig10; and (2) that the additional expenditure for additional staff, opening 1 Approximately. _-——_- --—- — —_ = a TABLE OF EXPENSES 123 out of communications, and so forth, led to a satisfac- tory increase of receipts, a result well understood by the forestry expert. The receipts and expenditure and free grants of forest produce for the State forests of Finland between the years 1861 and I9I0 may be diagrammatically shown as follows: 750 725 +4700 675 650 625 600 575 550 525 500 1475 450 ! 425 400 375 ; 350 NT 00 j 44275 +4 250 225 } 44200 175 4i T 150 pti te 125 100 Baw Bi: tte 75 ewe enane 50 4 ear Ase os = Je “ \| 25 \| ELEY 0 Thi eT = -25 wil86) = 1865 1870 1875 1880 1885 1890 1835 1900 1905 IN10 bite ht Pm, Poe Grants co teene ee » Expenses ames om + Receipts 124 THE FORESTS OF FINLAND The work of enumerating the contents of the State forests was commenced in 1904, and some progress has been achieved in this direction, the object being to draw up plans of working for periods of ten years, under which a regular system of fellings and regenera- tion of the areas cut over will be undertaken. These enumerations of the standing crop in the various forests brought out the pleasing fact that the number of trees of timber size proved to be considerably greater than had been anticipated, especially in the northern dis- tricts. The work is still uncompleted, and the Forest Department are as yet unable to definitely state the numbers of trees of timber size ripe for felling. The following table based upon actual enumerations of some forests has been drawn up for the ten Forest Districts in the country which are in the charge of Chief Forestry Inspectors: Stems with a \| Stems witha diameter of diameter of 30 cm. (113 25-30 cm. District. ) or more \|(9§-11}@ inches) Total. at a height of \| at a height of 4’ 3” from 4’ 3” from ground level. \| ground level Govt. Abo-Tavastehus 2,628,824 \| 3,539,383 6,168,207 Dist. Evo-Vesijako . 78,192 319,914 398,106 Govt. of Viborg-St. Michael 2,701,818 \| 4,803,933 7,505,751 Joroinem District . 41,520 352,270 393,790 Govt. of Kuopio . «\| 5,290,605 \| 7,580,420] 12,871,025 Govt. of Vasa . . -\| 2,622,760 \| 4,439,414 7,062,174 Ulea Lake ; 4,787,58 7,349,068 \| 12,137,255 1: es ° 5,887,1 10,438,643 16,325,811 Kemi . 13,870,000 \| 13,129,964 \| 26,999,964 Lapland 13,457,133 \| 17,974,086 \| 31,431,219 TOTAL : 51,365,607 \| 69,927,695 \| 121,293,302 ? ae ae ye a a AUCTIONS 125 Some 121,000,000 trees, of approximately Io inches diameter and over, at 4 feet 3 inches above ground, therefore exist; and, in the present exceptional cir- cumstances, considerable fellings could be made to remove old growing stock, ripe or over-ripe. Its removal, with the additional transport facilities which would doubtless in places require to be created, should place the Department in a far better position, and in a far shorter period of time than could have otherwise been hoped, to take up the many interesting sylvi- cultural questions which demand attention in these forests. The trees in the State forests are usually sold by auction standing, chiefly by the stem, but also by volume. A deposit must be previously made by bidders, which is forfeited if the bid is not completed. The bids are submitted to a higher authority and may be refused or accepted ; in the latter event the bidder completes his payment before felling and extracting the trees. These auctions for the big timber are carried onin August atlargecentres. Smaller auctions, at which the smaller material is disposed of, are held locally as may be required. Even here the offers have to be submitted to the district forest authority before they can be accepted. The chief difference between the two auctions, omitting the size of the timber, is that for the small material one year only is allowed between purchase and its removal from the area, whereas for the larger timber two or more years may be granted to the contractor to fell and extract the trees purchased, these trees having previously been marked by the forest staff. Latterly the Department has been working depart- 126 THE FORESTS OF FINLAND mentally, z.e. felling and converting the trees in the forest itself and selling the converted material on the spot to purchasers. The Department appears to favour this method. But, except in abnormal circumstances, experience has shown, in other places where the method has been tried, that the trouble entailed usually so ties the hands of the staff that necessary inspection and protective work and the proper sylvicultural care of the forests are sacrificed, to the ultimate detriment of the woods themselves, although doubtless at the time a greater revenue is made. The departmental work in this instance is undertaken to supply Govern- ment Railways with sleepers and fuel for the engines, — and with material for the three existing Government saw-mills. The following table for the twelve years 1898 to 1909 shows the numbers of stems sold at the main public auctions, the sales at these furnishing the best indica- tion of the prices obtained for large-sized timber and of the increased demand during the period : Year. Number of stems sola. \| eam price Per stent in 1898 . > : 816,962 4°12 1899. . . 1,306,344 4°13 1900. > 2 933,848 5°16 190I . : ; 1,306,483 4°62 1902. ‘ ‘ 1,568,746 4°29 1908. ey ye sg 996,889 5°78 1904. ° ‘ 1,360,033 4°21 1905 . ‘ ° 1,868,331 5°03 . 1906. . ‘ 2,205,166 5°39 1907. . . 2,392,579 4°75 1908. . > 2,874,037 3°60 1909 . . . 31395,042 3°53 FIGURES OF EXPORTS 127 The drop in the mean price is explained by the fact that in 1908, 1909 the chief fellings were made in the great forests in the north, where prices always rule lower than in the centre and south of the country ; it was also to some extent attributable to the fact that the marking of trees for sale is now done on better sylvi- cultural lines, the selection not being made only amongst the finest stems, as was formerly always the case; the system of cleanings having, as has been already stated, come into operation. In 1908 the total timber sold from the State forests amounted to 0°24 cubic metres per hectare (24 acres) of dry forest soil. The mean annual increment of wood put on per hectare has been valued at 1°5 cubic metre for the wholecountry. There should therefore be, and in fact is, a considerable excess of mature timber in the State forests.. The figures of exports from Finland in 1907 show the following forest produce exported from the country : Net measurement in cubic metres. Poles, stems and logs . ‘ : ‘ 215,727 Pitwood and wood for paper pulp . : » 1,135,008 Fuel ‘ i 640,892 Beams, approx. in the round , ‘ ‘ 1,113 Spars, squared, approx.inthe round . ° 234,200 Sleepers, approx. in the round . , ; 45,382 TOTAL . : : =. 23492j;322 In the same year industries Nisdctied the following amounts : Saw mills . : + 5,169,025 Bobbin mills (in 1906) approximately n ‘ 177,559 Sed pulp mills (mechanical and chemical), 1st 794,975 © Paper irik ‘mills (mechanical and chemical), fuel approx. . : : 350,000 Wheels, blocks, rollers, etc. R é > ° 13,500 Charcoal making . . . . . ° 33,718 Distillation of tar. ‘ . > ‘ ° 79,721 Tota.» ‘ e - 6,528,498 IZ). THE FORESTS OF FINLAND Added to this were the amounts of wood utilised on lines of communication steam-boats, which consumed 250,000 cubic metres rough measurement. Railways absorbed in 1908 a total of 9,000,000 cubic metres as fuel and for other railway work; and telephones and telegraphs another 10,000 cubic metres. In round figures it way be said that in 1907 industries and exports utilised about 10,000,000 cubic metres of wood net measurement. Now of this total only 1,303,582 cubic metres was of State forest origin. The remainder, a total of 8,500,000 cubic metres net measurement, came from the privately owned forests of the country. This is an important point, for these private forests are by no means yet exhausted; and therefore to the estimated total of 121,000,000 trees with a diameter of approximately ro inches and over at 4 feet 3 inches above ground existing in the State forests must be added a total probably as large, and in all probability far larger, standing in the privately-owned forests. It has been estimated that the domestic requirements of the population absorb 13,186,452 cubic metres net measurement, in addition to the amounts given above. These materials are, however, of small size and do not affect the question from the point of view here con- sidered. It is the commercial timber which exerts the chief influence on the exploitation of the forests; for it is the timber markets which demand the finest timber, the local requirements being satisfied with inferior qualities. It is the big markets which attract the private owners of woods, as also, to a considerable extent, the Government owner; since it is in these markets that the best prices are obtainable for the AN OPPORTUNITY 129 larger material which they are in a position to supply. An endeavour has been made to point out in this article! that in the forests of Finland there exists one direction at least to which the devastated countries may look to obtain materials at a reasonable price with which to repair the destruction wrought by the Great War. Those industries in the Allied countries which depend upon timber for their raw material may also hope to obtain a part of their requirements from these forests. But both these possibilities remain possi- bilities only. It will depend on the Government being sufficiently far-seeing to come to some definite working arrangement between themselves and Russia before the war closes, if advantage is to be taken of existing opportunities. And the Finland forests, with their easy export facilities offered by their numerous water- ways and available timber of the kinds which will be most in demand, Scots pine and spruce, present one of these opportunities. Are we in Great Britain going to see that it is taken in time? 1 This article was published in the Quarterly Review for April 1916. D4 THE FORESTS OF SIBERIA, INCLUDING TURKESTAN IN two previous articles, the forest resources of Euro- pean Russia and of Finland have been dealt with, and some indication has been given of their undeniable importance to the Allies in a near future. A review of the forest resources of Russia would not, however, be complete without a survey of the enormous forest tracts existing in Asiatic Russia: for portions of the great Siberian forests hold a place which cannot be neglected in the Western European timber markets, e.g. in that of Great Britain—a position which is likely to increase in value in the Min to come. As yet, however, in spite of the valuable work that has been already accomplished in the exploration and survey of these regions, it is too soon to say definitely how great will be the influence of these Asiatic Russian forests on the world’s markets. The areas are so enormous that the forestry resources, that is the number, species, and value of the trees covering a very considerable tract, still remain unsurveyed. In the year of the outbreak of the Great War, the Chief Department of Agriculture published a volume 130 rns. i a : : ASIATIC RUSSIA \| 131 entitled Asiatic Russia, with an accompanying hand- some volume of maps. One of the sections of this important work deals with the “forest wealth ’’ of this enormous stretch of country. It is written by V. V. Faas, and its appearance at the present time must be looked upon as most opportune. From this and other sources open to me, it has been possible to form a very fairly accurate idea of the position, probable yield capacity and importance, both present and prospective, to the world’s timber markets of these forests of Asiatic Russia. \| The area of country now being dealt with stretches from the Ural Mountains to the Pacific, including Siberia, the Steppe region, and Turkestan. Lake Baikal divides Siberia into two almost equal parts, western and eastern. The western half comprises the Governments of Tobolsk, Tomsk, Enessey, Irkutsk, and the districts of Turgai and Uralsk; the eastern half has the Transbaikal, Sea-coast, Amur, and Sachalin districts. That vast tract, the Steppe region, com- prises the Semipalatinsk and Akmolinsk districts, and in addition there are the great stretches of Turkes- tan. As will be understood, the climate, or various climates, of this extensive country vary greatly from arctic to hot, and this variation in climate is accom- panied by a considerable divergence in character of the forests occupying different parts of the region. The forests of Asiatic Russia are very unevenly distributed throughout the different Governments of Siberia, the Steppe region, and Turkestan, and, owing to the sparse population inhabiting these tracts in the past, very little attention has been paid to 132 FORESTS OF SIBERIA AND TURKESTAN the woods or to their possible economic value. The scanty population was allowed to treat them pretty well as it liked. They took what they wanted from the forests, practised shifting cultivation after the fashion already described in the Finland article, or _ set fire to large areas annually to get up new grass on which to pasture their cattle. The building of the Siberian Railway and the influx of population from European Russia has had, it is true, some effect on portions of the forests, but the areas are so vast that it appears probable that they will be capable of furnishing materials for export for a considerable period of years. Roughly speaking the forests owned by the State predominate throughout Asiatic Russia, the area amounting to the gigantic total of 642,600,000 acres, or about two-thirds of the total State forests of the Empire. The forests occupying such extensive tracts naturally vary considerably in quality, but 249,750,000 acres or 39 per cent. of the whole area is classed as rich forest soil, This percentage is small when com- pared with the 80 per cent. in European Russia and the 63 per cent. in the Caucasus. It must, however, be borne in mind that in the area under consideration, especially in the zone bordering on the twndra (Siberian swamp), vast tracts exist covered with a poor scrub forest with no exploitable trees in it; the areas of value being confined to the southern hill slopes, or to the valleys sheltered from the cold north winds. Large tracts of fen-land, marshy lake areas, and great stretches of burnt-over forest lands also exist in Siberia, and go to swell the total of “‘ poor forest soil.” TABLE OF DISTRICTS 133 The following table shows the distribution of the State forests in the Governments or Districts of Asiatic Russia, and also the numbers of forest divisions and forest estates in each division. The Russian word here translated into “division” is lesnitchestvo. It may be that our technical forest term of “ circle” would more nearly express the meaning, but division will perhaps be more readily understood. The Russian word daicha means an “ estate,’ and it is left at that. Technically, we should probably call it a district, or if ‘‘ circle’’ were used for the larger area, a division. The table is as follows: Number Areas in acres, ; Ons.\| es. : Total Area. \| “forest soll. Uralsk . . I 22 79,944 48,575 Turgao. . 6 72 1,434,677 982,675 Tobolsk . ; 33 497 170,808,917 45,503,156 Tomsk ‘ é 27 190 92,857,876 22,047,425 Enessey « ° 23 113 23,021,571 20,394,063 Irkutsk . ; 17 324 23,795,051 17,191,272 Semipalatinsk . II 190 9,255,254 5,818,675 Akmolinsk ; 15 302 6,130,293 1,119,344 Transbaikal . 5 15 79,893,000 7,989,300 Amur . 8 7 94,070,700 31,839,750 Sea-coast . . 15 17 93,025,800 59,312,385 Sachalin . ; I I 10,530,000 6,750,000 Semirechensk . 8 61 3,445,726 3,445,726 Syrdariansk » 7 179 23,050,664 17,996,350 Samarkand ° 6 31 10,567,484 7,672,001 Fergan . . 9 45 2,593,876 1,609,880 TOTAL ° 192 \|2,066 644,560,833 249,780,582 Thus there are 2,066 forest estates having an average 134 FORESTS OF SIBERIA AND TURKESTAN area of 311,850 acres apiece; whilst the average acreage of the forest division exceeds 3,356,100 acres. That is, the average forest division in Siberia is greater than the total acreage of the woods in Great Britain, which amounts to 3,030,000 acres; or had that area at the commencement of the Great War. Of course all these forest divisions have not this excessive area. The average is high, owing to the enormous extent of a few in Northern Siberia, such as, ¢.g., one in the Government of Tobolsk which covers a tract of 81,000,000 acres. Of the total area of 642,600,000 acres of State forest, 297,900,000 acres or 40 per cent. have been constituted regular State Reserves, the remaining 345,600,000 acres being still subject to the elimination of areas as allotments to settlers, or for increasing the agricultural holdings of the existing population. To the 642,600,000 acres of forest under the administra- tion of the State have been recently added 118,800,000 acres of newly explored forest in parts of the Yakutsk district, and about 10,800,000 acres of forest of com- paratively small value in the Transcaspian district, giving the total area of State forests in Asiatic Russia as approximately 772,200,000 acres. These do not, however, form the sole existing forestsin the country. Next to the State, the greatest forest owner in the countryis the Crown, which possesses some 54,000,000 acres of forest land (chiefly on the Altai), whilst the Cossack population of the Amur district possess about 27,000,000 acres of forest on the left bank of the Amur. Thus those of the forests of Asiatic Russia which are more or less well known = FOUR MAIN REGIONS 135 cover the enormous area of some 853,200,000 acres ; that is, a total area greater than that occupied by either the forests of Canada (which cover 799,200,000 acres), or those of America (604,800,000 acres). The areas of State forest containing exploitable material for export purposes vary considerably in size in different parts of Asiatic Russia. It has been shown that the country is divided into four main regions, namely the Western region of Siberia, the Eastern Siberian region, the Steppe region, and Turkestan. The amounts of “rich forest soil” in each of these regions are as follows: Region. Acres, Bar I. The Western region of Siberia. . \| 106,227,169 \| 42°5 II. The Eastern region of ie F - \| 106,091,435 \| 42°4 III. The Steppe region ; . / 6,938,019 2°8 IV. Turkestan . . , ' 30,723,958 \| 12°3 ToTaL : 249,980,581 \| 100°0 The above table shows that the largest areas of forests are in the Western and Eastern regions of Siberia, the acreage in the two being nearly equal; that the afforested areas in the Steppe region are very small, whilst those of Turkestan are equal to about two-sevenths of the Eastern Siberian region. Before dealing with other important aspects of these forests, it will be necessary to give some general account of the peculiarities of the forest flora of the different regions. The tract from the Ural Mountains to the Ochotsky and Yellow Seas will be first. dealt with. As may be inferred from the vast area under II 4 136 FORESTS OF SIBERIA AND TURKESTAN consideration, the climatic conditions in different parts vary considerably. There are also considerable differences in the nature of the surface formation and soil. The character of the forests is, therefore, ex- tremely varied. THE SIBERIAN REGIONS The great region bordering on the Arctic Ocean and stretching from the Ural Mountains to the Bering Strait is designated the Arctic tundra (swamp). There are no real forests in this belt, but the area is covered more or less densely with bushes and dwarf forms. As is the case in the Government of Arch- angel in European Russia, patches of tall trees are found here in the far north encroaching upon the tundra. In this way small forests are to be seen even along the rivers Kolima and Anadir. In 1909 the Chukotsky expedition discovered woods in sheltered valleys at the source of the Great River (Bolshaya) and even near Cape Dezhneff. Owing to these inroads of the forest into it the southern boundary of the tundra runs in a zig-zag fashion, gradually passing into the forest zone. Next to the tundva comes the forest zone, termed taiga,‘ which stretches right across Siberia to the Pacific Ocean, and occupies the tract between the ¢wndva and the Steppe region, an area of from 1,000 to 2,300 versts broad and 7,000 versts long. This zone is very varied in character, and does not consist of uninterrupted forest. The belt is 1 Taiga—the word applies literally to the vast marshy forests of Siberia. ay a WESTERN SIBERIA 137 constantly broken by vast fens and areas of burnt- over forest where only patches of the old woods exist, the rest of the tract being covered with a scrub of raspberry bushes and other shrubs. This is often the aftermath of fire, either due to incendiarism or applied in the interests of a shifting cultivation. On its northern limits the faiga first appears as separate clumps and patches of trees on the slopes of ravines and river valleys. The fir (spruce) tribe predominate in the ¢aiga, but there are many other species of trees. This great forest zone is subdivided as follows : Western Siberia.—From the Ural Mountains to the lower reaches of the Enessey and to Lake Baikal: This area is divided into a dry zone and a swampy zone. In the dry zone the predominating species are the so-called Siberian ‘‘cedar’’ or cembran pine (Pinus cembra), a valuable tree which furnishes both timber and an edible seed; the much-prized Siberian “‘fir”’ or spruce (Picea obovata), the Siberian Pichia or silver fir (Abies sibirica), and the still more valuable Siberian larch (Larix sibirica). On sandy soils pine woods are occasionally found. In the swampy zone the character of the forest changes. The larch disappears, and the spruce predominates with an admixture of deciduous species such as the birch, aspen, and alder. The most wide-spread type of forest in Western Siberia is a mixture of common and Siberian spruces. This type is interrupted here and there by the so-called uymant, a local name for mixed deciduous and non-deciduous forest in which the spruce and cembran pine predominate. In the Government of Tobolsk this urmani type of forest 138 FORESTS OF SIBERIA AND TURKESTAN occupies vast tracts chiefly on the right bank of the Irtish river, and also on the Ob river. Generally speaking in the Government of Tobolsk the upper parts of the hills are occupied with pine, the pine being mixed on the lower slopes with spruce, larch, cembran pine, and sometimes birch, spruce and cembran pine predominating on the lowest levels. The larch is seldom found pure in this Government, as the pine takes possession of all the drier areas. Eastern Siberia.—East of the lower reaches of the Enessey and Lake Baikal: A considerable change takes place in the character of the ¢aiga in this region. The Siberian larch is replaced by the daur larch (Larix daurica). The daur birch also appears, with the fragrant poplar, and in the south in addition to such Western Siberian forms as alder, bird-cherry and mountain ash, the tamarisk and the rhododendron appear ; further east the Mongol oak, wild apple, and the walnut commence to come in. Eastward to the Amur and Sea Coast Districts and southward to the Manchurian forests: The further east and south we proceed the greater becomes the change in the character of the forests. Thedaur larch is still present, but the Siberian fir (spruce) is replaced by the Ayansk fir (Picea ajanensis), which is very wide-spread, forming thick forests in places; the ordinary birch is replaced by the Betula Ermani. The Manchurian pine (Pinus mandshurica) of great height-growth and fine quality timber appears. Pinus funebris occurs along the river Ussuri. Two silver firs are found, Abies nephrolepsis, growing in both the Amur and the Sea-coast districts; and the Abies SIBERIAN AND STEPPE REGIONS 139 holophylia, which occurs in the south Ussuri region. A yew, Taxus cuspidata, occurs in the forests of the Sea-coast district, its timber being of little value, however. As regards deciduous species, the Amur district is very rich, the forest flora of the Sea-coast district resembling in many respects the forests of Korea, and, in part at least, of Japan. Among the chief deciduous species are two oaks, Quercus mongolica, found along the middle course of the Amur and in the south of the Sea-coast district, and Quercus grosse- serrata in the Ussuri district; two species of ash— Fraxinus mandshurica, distributed almost throughout the Amur and the sea-coast districts except in the extreme north, and Fraxinus rhynchophylia, found in the southern Ussuri district; the walnut (Juglans mandshurica) occurring in.the Amur and the central and southern parts of the Sea-coast district; the Dimorphantus mandshurica, which furnishes a beautiful veneer ; and two species of lime (7a amurensis and Tilia mandshurica). Generally speaking, both in the Amur and the Sea-coast districts coniferous forests predominate in the north, covering the mountain slopes, leaving the lower ground to the deciduous species. THE STEPPE REGION The Steppe region lies to the southward of the above-described zone. In its westward part there is a marked change in the character of the forest from that of the faiga. In the south of the Government of Tobolsk, and still more so in the Semipalatinsk and 140 FORESTS OF SIBERIA AND TURKESTAN Akmolinsk districts, the ¢aiga gradually yields to the steppe vegetation, and meadows and feather grass ap- pear, occasionally penetrating far into the forest, or elsewhere completely enclosing patches of forest. In the two districts above mentioned, the forests occupy scarcely 2 per cent. of the whole area. In the forest-steppe tracts in these last two districts, how- ever, islands (kolk1) of forest of varying size, some being considerable, occur, consisting chiefly of deciduous species. Birch and aspen are the most numerous, followed by the black alder, bird-cherry, mountain ash, black and white poplar, and acacia. Birch and aspen kolki are chiefly found in the north of the Akmolinsk district adjacent to the Government of Tobolsk, whereas the pine and the juniper occur scattered throughout this Government. In the Semi- palatinsk district the Western Siberian species of pine, spruce, silver fir, and larch occur, but they are not equally distributed in all parts. Also in this part of the forest-steppe shrubs such as the sallow-thorn (Alaternus), hawthorn, raspberry, elder, white hazel, medlar, occur, and, amongst others, the dwarf almond, spireea, and several kinds of roses. The forest-steppe region extends as far as the Transbaikal district, where it gradually merges into the black-earth steppe which possesses no forest on it, being covered with feather grass and other steppe plants, interrupted by salt marshes and sands. THE TURKESTAN REGION The Turkestan deserts are situated to the south, and here the shrub known as the saksaul (Halaxylon —————————s — THE TURKESTAN REGION 141 ammodendron) forms the chief tree species. This species grows freely over the wide tract from the Caspian Sea to Lake Balcash, in spite of the bad treatment it receives from man and the constant damage done to it by cattle. There are consider- able forests on the Turkestan plateau, though here again grazing cattle do a great deal of damage, as also do fires. Many tree species are present in these forests in the Fergen, Samarkand, Sirdarya, and Semirechensk districts, the chief being the spruce (Picea schrenkiana), which forms the principal species in the Semirechensk district; the archa (a species of juniper); the walnut, maple, poplar, birch, and ash. In addition in the hill forests of Turkestan, the wild apple, almond, plum (uruk), apricot (caragach), etc., are commonly found. The Transcaspian Forests.— Finally a few words may be added on the species found in the fairly extensive but as yet scarcely explored Transcaspian forests. These forests.play an important part in the Transcaspian district, as they keep the sands from shifting—that ever-present danger in a desert region— and help to form fertile oases. They also render possi- ble cattle-breeding. A considerable proportion of the’ species growing in the forests are of the desert type, and similar to those occupying the Turkestan deserts, e.g. the saksaul, etc. In addition, the acacia occurs, here called suzem, and reaches a height of 21 feet with a dia- meter of 7 inches at the surface of the ground. About I,350,000 acres of the Transcaspian forests are situated in the hills, including those in the valleys of Murgab, Fedzhena, and along the smaller rivers in the rural 142 FORESTS OF SIBERIA AND TURKESTAN district of Karacalin. In these hill-forests the archa (juniper) appears, and is often of considerable size, 58 feet high and 2 feet 11 inches in diameter at the surface of the ground. The mountain maple, noted for the hardness of its wood, also occurs. In the Merosk and Tedzhensk districts copses of pistachio- nut trees exist. On the banks of the rivers, which overflow in the spring-time, forests of poplars and tamarisks help to keep the banks stable, and are thus of considerable importance. Having regard to the extensive area over which these Asiatic Russian forests are spread, it will be of interest now to glance briefly at the nature of the staff and present organisation and protection afforded to the areas. Up to January I, 1912, the State forests were divided, for administrative purposes, into 192 divisions (lesnitchestva) under the control of 9 Boards of Agriculture and State Lands: viz. those of Tobolsk, Tomsk, Enessey, Irkutsk, Amur, Omsk, Turkestan, Uralsk, and Turgai. According to the estimate for 1914, the staff of the local forest administration was to consist of 583 officials, namely 35 forest inspectors, 222 foresters, 68 assistants, and 258 forest guards—a staff which cannot be said to err on the liberal side, and will need a great deal of strengthening when the work of exploiting the forests is commenced on a large scale. In addition it was laid down for 1914 that another 170 officials were to be employed on the work of exploring and organising the forests. These additional DANGERS FROM FIRE 143 officials were to comprise 4 inspectors of forest organ- isation, 15 head-taxators, 45 under-taxators, and 106 surveyors. With the above quite inadequate staff, even when supplemented by two to three thousand extra guards and fire patrols, the latter being, by the way, unpaid, it is not surprising that the protection it is possible to give the forests is very inefficient, and that one of the greatest dangers to which they are subject is fire. On the subject of fire, and the appalling damage it causes in forest lands, the people are apparently quite ignorant, and wilful incendiarism is as common as used to be the case, and still is in parts, in India. The points of greatest danger, the dry areas, are exactly those in which the forests have the greatest local value, because so scarce; ¢.g. in the Steppe region and parts of Turkestan and in some districts of the Tobolsk and Tomsk Governments a scarcity of wood is already being felt by the local population. The chief causes of fires are the burning of the dry grass in the hot season in order to get up an earlier crop of new young grass for grazing purposes with the arrival of the first rains. The fires are allowed to ‘“‘ run,” that is, no effort is made to restrain them, and they spread into the neighbouring forests; the drier and more windy the weather, the greater the area of the latter consumed. Camp fires made by travellers and left alight after their departure are also a fruitful source of forest fires. Indian forest officers are well acquainted with this form of forest devastation, which was of annual occurrence throughout the afforested areas in India in olden times. A forest 144 FORESTS OF SIBERIA AND TURKESTAN staff and careful organisation in the latter country have done much to mitigate this, the greatest enemy of the forests during the hot dry periods of the year. When one finds that in these Asiatic Russian forests a single forest guard may be in charge, for protective purposes, of an area which runs from 30,000 to 250,000 acres of forest, there can be little real pro- tection from fire save on paper. It is stated that recently, just before the outbreak of the war, larger sums were being allocated for the purpose of pro- tection, and certainly in the interests of the community and the future welfare and prosperity of the country, for these forests are a very valuable, an increasingly valuable, property, expense should not be spared in ensuring their safety. As a result of the forest fires, which are said to rival those of Canada and America in size, considerable areas of country are covered with shrubs of little value or with grass and moss, the latter preventing the growth of young seedlings of fir and spruce, etc., which may germinate from seed fallen from the scattered trees standing on the area. The fires also seriously interfere with hunting, which forms an important trade in parts of Siberia. As long ago as 1774 the Government were awake to the serious nature of these fires, for in that year a law was passed forbidding ‘‘ the burning of the forests in the Siberian Government in which the sable was hunted.”” With a staff inadequate to enforce the law it practically remained a dead letter. Considerable progress has been made with the work of investigation into the resources of the large es INVESTIGATION 145 area of forest in Asiatic Russia, and more especially has this been the case in the Western Siberian region, in which we in this country are perhaps more deeply interested. A plan was drawn up by the Forest Depart- ment under which the exploration work was to be completed in the year 1928. The object of this inves- tigation work is to ascertain the distribution of the various species of tree over the different areas of forest, the approximate amounts and quality of the old mature timber standing on the ground, the pro- portion of woods of the younger ages in existence, and the amount of increment in wood being put on in the forests. For on this latter becoming known, it is possible to fix the amount of timber which can be safely cut out annually. In old primeval forests which have never been felled in, it is usual to find standing on the ground an excess of old growing stock, and it is desir- able on all counts that this excess should be cut out before it decays and thus becomes valueless. The investigations of the forest areas being undertaken by the department aim at ascertaining as nearly as possible the amount of this old growing stock standing on the ground. The organising and exploration work carried out by a portion of the trained staff may be divided into two classes. Firstly, detailed and closer investigation work in the areas containing the more valuable and accessible forests combined with an enumeration, to a certain extent, of the growing stock standing on the ground, in order to ascertain the numbers of existing mature trees ready for felling. Work of this nature has been carried out in the Western Siberian areas. Secondly, work of the nature of — 146 FORESTS OF SIBERIA AND TURKESTAN flying surveys having for its object to ascertain the nature of the forests, species and relative abundance of each, with an approximate estimation of the pro- portion of old growing stock, and so forth. This work is simpler, not so accurate or expensive to undertake, and is applied to areas which for various reasons are not at present workable. The more detailed work of investigation and enumeration in the forests enables the department to fix the varying amounts of exploitable timber, 7.e. the number of trees which can be felled yearly, and the information already compiled on this head for the great forests of Western Siberia has shown that there exists a very considerable excess of growing stock to come out. In the Forest Department Report for the year ending January I, 1912, out of the total area of 624,000,000 acres of State forests, 8,300,871 acres had been subjected to the detailed investigations, and 67,914,917 to the operations of the flying survey, giving a total of 76,215,788 acres, or about 12 per cent. of the whole forest area. But the work, with the increased estimates sanctioned, has since proceeded at a greater pace, with the result that an area of 44,055,900 acres was subjected to detailed or partial investigation in IgI2 and 1913, and 22,182,200 acres in 1914. By the beginning of 1915 the Department had organised either by detailed or partial investiga- tions an area of 143,100,000 acres, or approximately one-fourth of the total area of the State forests in Asiatic Russia. A good and most useful piece of work, SANDY WASTES 147 Other directions in which calls will undoubtedly be made upon the scientific abilities of the forest staff will be the necessity for grappling with the planting of the great sandy wastes which have resulted from the destruction of forests in the past, and which now threaten to engulf valuable agricultural lands. This problem is already receiving considerable attention in European Russia, as has been shown in a previous article. It will certainly demand skilful treatment in her Asiatic dominions. From the descriptions already given of this great area of forests, it will be realised that they form a source of immense wealth, a wealth which for the most part is as yet untapped. It has been shown that in the drier parts of this tract the percentage of forest is very small, and that in these regions, owing to the bad treatment, in former times, of such forest as there was, it is now reduced to small areas insufficient for the requirements of the population. But although this is true enough in the case of the Governments or parts of Governments concerned, e.g. the Steppe region and Turkestan, it does not apply to the bulk of the great forest areas. These, in spite of fire, in spite of the war waged against them by man either for the purpose of extending agriculture, or from thoughtlessness, ignorance, or for the mere pleasure of being wastefully extravagant—in spite of all they have suffered in the past and suffer at the present time, these forests still cover an enormous extent of country, and contain a vast amount of unexploited timber and other forestry materials. In the past the conditions which would have enabled them to be 148 FORESTS OF SIBERIA AND TURKESTAN worked or which would have justified their being exploited—to wit, favourable communications and a demand—have been absent. The forests have been for the most part untouched. For instance, according to the framed estimates in IgII, no less an amount than 1,800,750,000 cubic feet of timber were available for sale from the State forests. Of this amount 171,500,000 cubic feet only were disposed of, or some- thing under 10 per cent. In some parts as, ¢.g., in the Government of Enessey, the percentage sold was as low as 5‘I. As has been shown, the population is very sparse, and in many parts owned areas of forest sufficient for its requirements, and so had no reason or necessity for having recourse to the State forests. Of export trade until recently there was none. There appears to be little doubt that one of the chief sources of the wealth of Asiatic Russia will be found in its forests, and will be reflected in its export trade. Already such a trade has developed, and these forests are taking a place in the international timber markets of the world. Up to the outbreak of the Great War, Russia's chief competitors in the timber markets were Austria-Hungary, Sweden, and Norway, and the United States and Canada. Already, however, Russia was looking to taking a bigger place in the competition with her rivals, and so far as Great Britain was con- cerned, she out-distanced them all, since we took about 35 per cent. of our total imports from Russia. To maintain the position in the markets she has already acquired, and the greater one she must inevitably take in the future as the exports from her rivals diminish ee DIFFICULTIES. OF TRANSIT 149 with the cutting-out of accessible stocks, Russia will have to draw upon her vast Siberian forests. When all is said that can be said on the subject of past destruction and so forth, they remain, if not inexhaust- ible, at any rate of so vast a size that with proper management they should prove an extremely valuable asset and serve Russia’s purpose for many years to come. The fact that facilities for the export of timber from these areas are bad or totally wanting has been already alluded to. A certain amount of wood from the Tomsk and Tobolsk Governments has been exported within the last few years via Archangel and Petrograd, but the material requires to be first class to pay for the long transit. The following illustration on the subject of export difficulties places the present position in this respect in a nutshell : The export of wood by the rivers Ob and Enessey, i.e. by water carriage, would enormously facilitate and promote the timber trade in the Governments of Tobolsk, Tomsk, and Enessey. Some ten or twelve years ago an attempt was made by a private agency to export timber from the Enessey district to London, but it ended in failure, although a considerable portion of the timber did reach Galchika, a village at the mouth of the Enessey river. Thelate General Makaroff undertook to place the timber on the steamer for shipment to England, but his attempt was thwarted, as ice prevented the ship from entering the mouth of theriver. A few yearslater a flotilla of ships, equipped by the Ministry of Ways and Communications, suc- ceeded in entering the Enessey,' but were unable to 150 FORESTS OF SIBERIA AND TURKESTAN return the same year and had to winter there. The steamer on which the famous traveller, Fritiof Nansen, arrived in Siberia in 1913 also succeeded in entering the Enessey river. Thus it has been proved that it is possible for ships from the west to enter the Enessey river. But this is not sufficient. The timber markets of Western Europe would require the organisation of a regular service of timber steamers plying during the open season. Only with such a service would it be possible to undertake fellings on a large scale and the conversion of the material in saw-mills ready for transport to the western markets. As sawn or other- wise prepared timber cannot be kept lying up in- definitely without risk of spoiling, in the absence of guaranteed export facilities merchants have not in the past been ready to risk their capital in this business. The war has considerably altered the position, how- ever, and there is little doubt that these rich Siberian forests will be able to furnish very considerable sup- plies of the timbers which, at the close of the war, will be so largely in demand. Owing to the absence of waterways and railways, the timber export trade from the forests of Turkestan is as yet wholly undeveloped. Until comparatively recently, walnut, on account of the beautiful patterned veneer the burrs yielded, was exported in considerable amounts from Turkestan to Western Europe. The demand for the veneer has, however, fallen off of late years, and the considerable profits of yore have dwindled. Vast and valuable forests are to be found in the Irkutsk Government and the Transbaikal and Yakutsk districts, but owing to the absence of con- THE FAR EAST 181 venient waterways no exports of timber have yet been made from this centre. As regards the forests in the Far East, the export problem is far less complex. The Amur and other rivers flow through the country into the Pacific, thus affording cheap communication by waterway. Owing to this fortunate position, a great and increasing export trade in timber from the Pacific ports has developed. According to statistics issued by the Vladivostok bureau, the timber exports from Vladi- vostok in 1910 amounted to 6,446 tons, increasing to 15,310 tons in the following year. The more valuable kinds of timber exported go to Western Europe, chiefly to Great Britain, whilst the inferior kinds are taken by Japan and China. In the same year about 110,000 cubic feet of cembran pine and spruce wood were exported from Ferney Bay to Australia, and from the Gulf of St. Olga 374,000 cubic feet of mine props. In the same year exports were started from Pasietta, about 100,000 cubic feet being sent away. With this extensive and rich area of forests at their back, a very considerable and valuable export timber trade is likely to develop, and we should make it our business in this country to become thoroughly acquainted with it, and ascertain exactly what classes of timber and what amounts it will pay us to secure from this region to supplement supplies obtained from Russia in Europe, Finland, and Western Siberia. China will not interfere with the supply of our demands. China is a large con- sumer of timber, and Russia in this quarter have their eyes upon the Chinese trade. Mr. Wilks investigated 12 152 FORESTS OF SIBERIA AND TURKESTAN the Chinese timber market in Ig11, and his figures showed that about 16,000,000 roubles’ worth of timber, in the raw state and converted, was imported into China, the greater part being supplied by Japan and the United States. With better organisation, how- ever, it should not be difficult for the Amur region to compete with the above-mentioned countries, more especially as the Chinese market is not particular about the quality of its timber, cheapness being the first desideratum in the eyes of the Celestial. Second- or third-class timber, and even the material obtained from the crowns of the trees, the “‘ tops ”’ of the forester, is said to be good enough for this facile market. Cer- tainly no more convenient market could exist, since it should enable the forest officer to clear his forests of all inferior material, and get paid for doing so into the bargain—a most enviable position. Apparently the greatest difficulty to be faced in organising the Amur timber trade is the labour one. The State, for various reasons, has set limits to the employment of Chinese labour, and owing to the sparse population it is extremely difficult to obtain Russian labourers locally. The heavy expense con- nected with importing labour from great distances makes a large hole in the profits from the timber business. It is anticipated that this difficulty will disappear, as, owing to the rich nature of the Amur district, the population is likely to increase rapidly. The revenue obtained from the State forests of Asiatic Russia is as yet insignificant when compared with their unquestioned value. As we have shown, the forests have been scarcely touched as yet. PROFITS 153 The total profit for the three years IgI0-IgI2 was as follows: Year. Roubles. IgIo ; : ; ‘ . 4,234,000 IgII , ; ; ‘ . 4,079,000 Igi2 : : : : - 4,259,000 The profit from the forests varies in different dis- tricts, as would be expected, since in areas like parts of the Steppe region we have seen that wood is of comparatively high value. For instance, in I9gI2 in the Akmolin district the better-class forest soil gave a return of 33 kopeks per acre, whereas in the Tobolsk Government it was just under 2 kopeks per acre, and in Tomsk about 24 kopeks. In other forest divisions in the Tobolsk Government where exploitation is easier, the profit is higher, amounting to 554 kopeks per acre of good forest soil. Such profits, however, from fine forests containing large amounts of over-ripe timber, strongly emphasise the backwardness of the areas in communications and export facilities. With the extraordinary en- hancement of timber prices which the war has brought about, and which its termination will not see lowered unless very careful steps are taken, there should be a considerable future before these valuable forests of Asiatic Russia, especially in Western Siberia and in the favoured Amur region. XI THE CEDAR (CEMBRAN PINE) TRADE OF ASIATIC RUSSIA WHEN considering the Siberian forests from the stand- point of their trade value and as a source of income to the Government, it will be necessary to glance briefly at the important “‘ Cedar”’ trade as it is called, i.e. the collection and sale of the seed of the cembran pine (Pinus cembra). The trade is a local one, but contributes greatly to the welfare of the local popu- lation, as the seed is widely eaten throughout the Russian empire. The pine is widespread throughout Asiatic Russia, the Pinus cembra being the commonest species; on the Altai and Sachalin, however, the P. cembra var. pumilla occurs. Both trees produce the edible seed so well known and valued in the Russian market. The trade in this commodity is chiefly carried out in the Governments of Tobolsk, Tomsk, and Enessey, and especially on the Altai, where there are still beautiful and as yet untouched pine forests and groves. In other parts of Siberia the cembran pine forests have suffered as badly from fire and the axe as has been the case with the other species—spruces, firs, larch and so forth. The gathering of the seed of the cembran pine, or 154 PRIMITIVE METHODS : 155 “ the cedar harvest’ as it is called, commences about _ the middle of August. At this period the local popu- lation and the ‘“‘ cedar’’ merchants proceed together to the cembran pine woods and groves to collect the seed. The method of collection, as also the tools used, is most barbarous and would appear to inflict the maximum amount of damage to the trees from which this source of profit is derived, and whose preservation, it would be thought, should be the first object of the harvesters. This is a common characteristic of the Asiatic races. In North Baluchis- tan and in Southern Afghanistan a pine known as Pinus Gerrardiana, the chilgoza or silver-barked pine, occurs in small forests clothing the steep mountain sides and crests. The seed from the cone of this pine is collected for sale, and is widely eaten throughout the Punjab. The methods in force in collecting it, as will be shown, have a curious parallel with those used in harvesting the cembran pine seed in Asiatic Russia. The tools used in Siberia are extremely primitive, consisting of axes, sieves, bark ladles, graters for the cones, mallets, poles, bags, etc. The gathering of the cones is effected by climbers—men and boys who climb up into the trees and knock or pull the ripe cones off the branches. As these branches also contain the young cones of next year’s crop, the primitive methods of harvesting usually result in a number of these being-knocked off in addition to the ripe ones, thus diminishing the harvest of the following year. This method of collection usually results in numbers of branches being broken off the trees, their future bearing capacity being permanently reduced. 156 THE CEDAR TRADE OF ASIATIC RUSSIA But worse damage than this, serious as it is, takes place. ‘“‘ Rather often,” asit is expressed by a Russian writer on the subject, ‘‘ wholly inadmissible and barbarous methods are employed, whole trees being cut down or large branches cut off.” The folly of thus “‘ killing the goose’’ must seem incredible to those who have no acquaintance with the peculiar point of view of the wilder and ignorant portions of the Asiatic peoples. The cones are collected and placed in bags by old men, women and children, and are carried to the camp where the cedar merchants have made their temporary headquarters, or taken direct to the village. The extraction of the seeds from the cones is now undertaken. For this purpose the cones may be simply dried, when the scales open and the seeds fall out, or the latter are extracted by means of a grater and a roller. The seeds are then sifted by being passed through a coarse sieve and winnowed in the wind. The seed, if these processes have been carried out by the collectors themselves, is then disposed of to the buyers—the cedar merchants—who themselves undertake the further operations of cleaning and drying it. The drying is done throughout the autumn, and the seed is then stored. The mer- chants usually build and own barns and store-houses in which to store the dried seed as conveniently adjacent to the pine forests and groves as possible. On the Altai there is a large centre of this nature in the Bezelbeke meadow not far from the confluence of the Hara and Sasacockshee. In the following January the seed is taken from the store-houses and dispatched by the buyers to the various markets. DESTRUCTIVE PRACTICES 157 It will be of interest to contrast the above method of collecting and dealing with the seed with that in force in the wild border land of North Baluchistan, Afghanistan, and the frontier to the west. The seed is collected by the tribesmen of these parts, who regard it as a right, and in fact consider the forests to be their own property. They fully recognise the value of refraining from felling the trees, except when absolutely required to obtain timber for building purposes, etc., but their regard for the trees goes, no farther. The forest has an extremely ragged appear- ance, and this is in part due to the methods of collec- tion, this work being carried out in the summer time. To obtain the seed, men climb the trees, and by means of long poles to the end of which a hook is affixed, they wrench from the boughs the seed-bearing cones. The wrench invariably breaks a portion of the branch, with the result that a tree from which the cones have been recently stripped bleeds from numerous places, and is in a condition most sus- ceptible to attack by insect and fungus pests. The attention of a Political Officer of these regions was drawn to the fact that, owing to the greed of the tribesmen, in addition to the injury done to the trees scarcely a cone was left upon them to produce seed for the natural regeneration of the forests, 1.¢. the production of a new crop of trees. This must be an equally vital point in the parts of the Western Asiatic forests which are subject to the collection of the seed of the cembran pine. In the case of the chilgoza pine the cones after collection are gathered together in heaps, and the heaps fired whilst 158 THE CEDAR TRADE OF ASIATIC RUSSIA the cones are still green. The heat forces open the cone scales, and the seed is then picked out. This is the common procedure adopted, and when marching through these forests in the autumn, heaps and mounds of empty cones collected in the centre of some small glade are often met with. At the request of the Political Officer, a note was pre- pared laying down some simple rules for the improved collection of the cone harvest in the interests of the preservation of the trees themselves. We had a solemn jirgah in the forest one day. The heads of the local villages and so forth attended and received the explanations of the proposed future procedure with no great enthusiasm, but with promises to see that it was carried out. They are childishly difficult, not to say dangerously difficult, people to deal with in these parts, and as they burnt down the Political Officer’s summer head-quarters rest-house, situated in these forests, the following year, it is to be feared that the rules for the collection of chilgoza cones have not yet been introduced very effectively. To return to the cembran pine of Asiatic Russia. The yearly collection of seed is said to amount to several tens of thousands of poods (1 pood equals ‘32 cwt.), the average wage of each workman being from six to nineteen roubles a season; or when the work is undertaken by the Labourers’ Association (artel) each member of the Association who takes up the work makes from thirty to forty roubles during the season. As a popular dainty the cembran pine seed is much appreciated both throughout Siberia and European THE CEMBRAN PINE 159 Russia. The seeds also yield the “cedar” oil. To obtain it the kernels are extracted from the seed, the husk being stripped off, and ground into a powder. The powder is put into pots covered with water, and placed in slightly heated stoves. The oil from the seed rises to the surface and is poured off into vessels ready for use. It has been necessary to glance briefly at this trade in the seed of the cembran pine since it naturally affects the exploitation of the forests of this species as also the felling arrangements in mixed forests containing this pine in any abundance. A tree which has a value other than for its timber alone owing to the fact that it produces a minor product of marketable value in addition to the major one—timber—must necessarily be subject to a different form of treatment. to that applicable to the purely timber-yielding species. And this fact has to be borne in mind when considering the exploitation of the Pinus cembra woods of Siberia and their possibilities as regards supplying material to the timber markets of Europe. PART III TIMBER SUPPLIES AND THE WAR XII TIMBER SUPPLIES AND THE WAR! IMPORTS IN I9I3 For a considerable number of years past the possi- bility of the occurrence of a wood famine has been discussed—a famine, that is, unprecedented in the history of the world. Many have scouted the idea of such a proposition as a fantastic chimera, pointing to the vast forest resources still existing on the surface of the globe. Others, with a more intimate knowledge, perhaps, of the real position of affairs, have persis- tently sounded the note of alarm. They have drawn attention to the enormously increased démand for forest produce of all kinds which the past half-century has witnessed; to the great destruction of forests which has taken place in the opening out of the coun- tries of the New World during the same period; to the wasteful and extravagant utilisation of these 1 This article was written in September 1914, and published in The Nineteenth Century and Afiey in February 1915. 160 a DISADVANTAGES AT HOME 161 resources largely through fire by an ignorant popula- tion allowed to pursue its own way by an apathetic Government ; and, finally, to the fact that the markets of the world have for some time been supplied with large quantities of material at a low and more or less fictitious price—material that was easily accessible, which paid, for the most part, a very small royalty or none at all—material, in other words, which had cost man nothing to produce and therefore could undersell in every country a similar article which had been grown by man himself. True, in this country we had our own special troubles. A better class of material than we had produced in the past in our own woods on soil and in a climate at least as favourable as that from which the imported articles came, easily ousted the home-grown produce, the position being aggravated by the high railway freight rates in force in these islands. Amongst European States, of course, the importance of the forest received recognition several centuries ago, as soon, in fact, as the pressure and needs of the growing population came to be felt upon the forest lands.. These were only saved by closure and the enactment of forest laws protecting both State and privately owned woods. With the increase in popu- lation came the timber market, the enhanced value of forest products, and the raising of new crops to take the place of those felled over for sale. But this recognition of the value of forests was confined to Europe or the more densely populated parts of it. Elsewhere wasteful utilisation held sway. Gradually, however, expert opinion in this matter during the 162 TIMBER SUPPLIES AND THE WAR latter part of last century came to receive a certain meed of attention from the Governments of the States of the world. One of the more recent and notable recognitions took place in America under the Roosevelt régime. That great and far-seeing statesman studied the question, became convinced of its importance, and set himself to put a stop to what may be said to have been one of the most notorious instances of wasteful utilisation of forest material in any country. Roose- velt took up the question in his own vigorous fashion, preached the conservation of the natural resources of his own country, helped to create a Bureau of Forestry, and by all the means in his power encouraged a forestry opinion and a forestry knowledge amongst the people. The crusade resulted in the creation of large forest reserves, in large plantings, and the enlistment of the great lumber interests in checking forest fires, which were imperilling the future material prosperity of the nation, and in replanting areas they had felled over. The energetic action of America in the direction of forestry caught first the imagination and then the attention of the world. Outside Europe, India, long years before, had recognised the importance of con- serving her vast forest area, and under that able administrator, Lord Dalhousie, a permanent policy for forest administration was laid down in 1855; a work which, subsequent to the Mutiny, with its imme- diate after-result of rapid railway building, was to be greatly accelerated by the formation of an Imperial Forest Department. But India does not advertise. The officials carry on their work in an almost total CONSERVATION. OF FOREST RESOURCES 163 obscurity so far as the outer world is concerned, and it was many years before the existence of the fine Indian department was to win recognition throughout the world, or even within the British Isles. Many British Colonies—notably the Cape and Canada—soon followed the Indian and American lead, in many instances borrowing men from India to start their forestry work or advise in the'matter. At the present day most of the British Dominions, Colonies and Protectorates have a forestry department in being or are laying the foundations of one. In other words, the conservation of their natural forest resources in the interests of their present and future populations has become a recognised branch of the administration of all States, although in many cases much remains to be done before such administration can be con- sidered efficient. Turning now to our own country, the British Isles may be said to be the last to enter the arena of forest production and conservancy. Not that forestry as a science and a source of revenue had not been pursued for a long period in this country. It had! But the position has been far different from that existing on the Continent of Europe. These islands started, as did many other now densely populated parts of the world, with primeval woods covering the greater part of them. These, with an increasing population, were mostly wantonly wasted by fire and axe, considerable areas formerly covered with pine remaining bare at the present day, witness the Scottish Highlands. The areas still under wood—such as, e.g., the New Forest in Hampshire and the Forest of Dean in Gloucester- 164 TIMBER SUPPLIES AND THE WAR shire—owe their preservation to the fact that they were maintained as Royal shooting forests in the olden days. But forestry, in areas of privately owned woods, was understood in England and dates back a long way. In 1543 a Statute of Woods was enacted. Under this it was decreed that all woods should be enclosed for four, six, or seven years after each cutting over of the coppice for different rotations, and that at least twelve standards per acre should be reserved or left on the area to grow into timber of a certain girth or age. These standards were to be oak, if possible, or elm, ash, aspen, or beech, these being the timbers most in demand, whilst the coppice consisted of chestnut, hazel, ash, oak, willow, birch, etc. The object of this and subsequent enactments was to ensure the maintenance of a supply of suitable timber of the requisite size for shipbuilding, both for the Navy and the merchant-vessel classes. The success which attended Evelyn’s planting campaign in the reign of Charles II has been commented upon. This practice of forestry, which came to be known as British forestry, remained in force for a long period, and supplied the country with the bulk of its timber requirements in the direction of home-grown materials. It was successful as long as, and only as long as, it had its home market. The introduction of the steel vessel, the abolition of the import duties on Colonial timber in 1846, and for all other foreign timber in 1866, sounded the death-knell of British forestry methods as at the time practised. And not only this. These methods unfortunately came to be positively injurious. The requirements of the old shipbuilding Pag & F RESULTS OF IGNORANCE 165 trade necessitated the production of large branches, crooks, and curved timber on the trees. In order to produce these it was essential that each tree should be given a great deal of growing space, the result being loss of height-growth, short bole, and large branches. As soon as these latter no longer found a market for which they were grown, forestry operations resulted in a loss, the only saleable part of the tree being the bole, of greatly curtailed length. This was bad enough, but worse was to follow. Plantations were formed of other species, especially conifers, to which the old principles and methods of thinning were applied, or something having a close resemblance to these old methods. Consequently the new woods were systematically over-thinned, the trees branched low, the bole was stunted and full of knots, the volume of timber realised per acre was much below what it should have been—all witness to the impracticability of applying a perfectly correct sylvicultural system for one class of material to the production of a different one. The results of the past half to three-quarters of a century have not been due so much to a decadence of British forestry as to an unfortunate want of know- ledge of the methods to be employed to produce the classes of material imported in large quantities from the Continent, classes which have easily and success- fully competed with the home-grown article. A golden opportunity would now seem to have arrived to rectify matters. With this brief summary we will now turn to a survey of the present production of forestry materials (timber, pit props, and wood pulp, and so on) and 166 TIMBER SUPPLIES AND THE WAR their imports into this country from various parts of the world. It will then be possible to consider the position, so far as forest imports are concerned, in which the sudden incidence of a general European War has placed us. It will be pointed out how, whilst helping to the utmost extent of our resources the mine- owner, builder, and other trades employing wood, an — admirable opportunity has arrived for clearing off a number of wrongly formed and badly grown planta- tions and of starting afresh. A study of the imports for 1913, which will be now proceeded with, will sufficiently support this contention. The United Kingdom buys nearly half the timber exported from all countries, and the prices ruling in British markets affect the world! With a war of the present magnitude on our hands this state of affairs appears worthy of some consideration. An investigation of the Board of Trade Returns for 1913 shows that the value of wood and timber and manu- factures thereof imported into this country amounted for that year to £37,300,000, as against {25,600,000 in 1909. For the same years the value of imported wood pulp, including millboard and wood-pulp board, was £5,425,000, as against £4,135,000. The rise in each case over a period of four years only is note- worthy. The chief exporting countries in Europe are Russia, Sweden, Norway, Germany, France, and Austria-Hungary, the three first being the most import- ant. Outside Europe the United States of America and Canada send us large amounts of wood material. OUR IMPORTS 167 The chief supplies of fir (coniferous wood—hewn, sawn, and planed—other than pitwood) come from Russia, Sweden, Norway, Germany, United States, and Canada, the total values of the imports from these countries for 1913 being {16,000,000 from Europe and {6,500,000 from the United States and Canada. The Russian imports were £10,330,000, as against a total of £5,700,000 from Sweden, Norway, and Ger- many, the totals from the United States and Canada being £3,383,000 and £3,150,000 respectively. Russia again is the chief pit prop and pitwood supplier, £2,400,000 worth of this essential com- modity for the mines of the country being imported in I9I3 (as against £1,400,000 in 1909, an increase of _ a million!). The next important supplies came from France, £830,000; Sweden, £560,000; Portugal, £280,000; and Norway, £200,000; Germany, Spain, and other foreign countries sending together £154,000. No pitwood came from British possessions during 1913. The importance of the position revealed by these figures can scarcely be exaggerated. Wood pulp, of which a shortage has probably already made itself felt, to judge from the dwindling in size as also in quality of the paper in use by many of the daily papers and the weekly and monthly periodicals, is shown in the Board of Trade 1913 Returns under five heads: Chemical dry, bleached and unbleached ; chemical wet; mechanical dry and wet. Of the first named, Norway is the largest importer into this country (£136,000 in 1913), with £23,000 from Sweden. The largest amounts of unbleached came from Sweden (£1,945,000), Norway (£377,000), Russia (£329,000), T3 168 TIMBER SUPPLIES AND THE WAR and Germany (£322,000). Chemical wet came chiefly from Sweden (£37,000), mechanical dry from Russia (£22,000), and mechanical wet from Norway (£701,000), Sweden (£281,000), Canada (£156,000), and New- foundland (£123,000). The greatest quantities of oak in I9I3 were im- ported from the United States (£1,134,000), Russia (£186,000), Germany and Austria-Hungary (£273,000), and Canada (£85,000). The chief amounts of teak came from India (£752,000), Siam (£119,000), and Java (£40,000). The mahogany came from French West Africa (£344,000), Southern Nigeria (£226,000), Gold Coast (£198,000), British Honduras (£135,000), United States (£115,000), Cuba (£72,000), and German West Africa (£52,000). Thelargest amount of furniture and cabinet ware came from France (£106,000) and the United States (£104,000), with {60,000 from Germany and {58,000 from Belgium. House-frame fittings and joiners’ work came from Sweden (£71,000) and the United States (£40,000). Wood ware and wood turnery from the United States (£1,392,000), Russia ({£806,000), Germany (£364,000), Sweden (£85,000), France (£70,000), and Canada (£53,000). The chief imports of staves were sent from Russia (£481,000), United States (£266,000), Sweden (£120,000), Germany (£64,000), Norway (£46,000). Chip boxes to the value of £38,000 were imported from Sweden, and half a million pounds’ worth of matches from Russia (£21,000), Sweden (£292,000), Norway (£38,000), Netherlands (£22,000), and Belgium (£134,000). Cork to the tune of £895,000 was imported from Portugal and Spain. ~ ee , — CLASSIFICATION OF TIMBERS 169 Turning now to the classification of timbers. In commerce timbers are classified into two chief groups : softwoods and hardwoods—a purely arbitrary classi- fication. The former are practically all conifers, pines (red and yellow deal), spruces, and firs (white deal), and the larches. The timber of these species is com- paratively light, strong, and easy to work, and is extensively used by all trades, and generally for building purposes. Coniferous timber is imported as _ logs, deals (thick planks), and boards. It is logged and sawn up from selected well-grown clean stems, free as possible from knots. Pit-props are cut from thinnings in middle-aged woods, from the tops of older trees which have been logged, and from stunted growth which will yield material of the requisite size. Wood pulp is preferably made from trees of 4-inch to 8-inch diameter, and is largely used, of course, for the manufacture of the cheaper classes of paper. With the exception of oak and a few other species, the imported hardwoods do not grow in these islands. Even in the case of oak the foreign timber of this species is preferred to the indigenous, as it is less hard and easier to work. The foreign imported hardwoods are used for veneering, panelling, flooring, furniture, and wood turnery, etc. They are usually heavy woods and difficult to work, and consequently more costly. The imports of wood and timber receivedearto this country may be divided according to the Board of Trade Returns into six divisions as follows, taking hewn (i.e. logs) and sawn, planed, and dressed coni- ferous material as one division : 170 TIMBER SUPPLIES AND THE WAR Division. Classification. Value. I Conifers (firs in Board of Trade Returns)— Logs, sawn or split, planed or dressed . \| 22,800,000 2 Conifers—Pit props and re ‘ - \| 4,400,000 3 Conifers—Wood pulp ; : - \| 5,425,000 4 Hardwoods—Oak logs. 1,700,000 5 Wood manufactures—House frames, furni- ture, joiner’s work, staves, turnery 4,600,000 6 Hardwoods—Teak, mahogany, veneers, and other foreign furniture wood . 3,800,000 TOTAL . ‘ ; ‘ ‘ - \| 42,725,000 An analysis of the above six divisions of the imports of wood and timber into this country brings into prominence several important and interesting features. The first four, involving a sum of £34,325,000, comprise materials obtained from coniferous species and oak, all of which can be grown in this country. For the manufactured articles in division five both conifers and hardwoods are employed, the sixth division being confined to purely foreign exotic timbers. A second point is the steady rise in the imports under all the divisions during the past four years, the increase for I9I3 over 1909 being nearly £12,000,000. From the above rough classification it can be seen that the pinch is likely to be early felt in the imports of pitwood, wood pulp, and building timbers. It will be useful, therefore, to tabulate the amounts of materials in our divisions coming from the various countries. These latter may be divided into three distinct categories of States: (I.) European; (II.) Non-European States and Foreign Colonies; (III.) British Possessions, including Protectorates. Ee TABLE OF VALUES 171 VALUES IN STERLING OF IMPORTS UNDER THE DIFFERENT DIVISIONS Div. 1 DIv. 2 DIv. 3 DIv. 4 Div. § Div, 6 ; Wood aes Conifers: \| Conifers: Conifers:\| Hard< \| Manufac- F Logs, \| Pit PTOPS\| “Wood \| woods: \| tures: — Sawn, split, and pulp \| Oak Logs s Hard- planed. \| Pitwood ture, &c. woods. I. Imporis from Europe. £ £ £ Russia FS « \|10,416,000\| 2,415,000] 5§41,000\| 186,000} 1,299,000] 117,000 Sweden + \| 3,920,000] 560,000 \| 2,492,000 —_ 317,000 —_ Norway . - \| 3,143,000! 200,000] 1,261,000 -- 6,000 _ ae ° 680,000 53,000\| 460,000} 134,000} 509,000 37,000 Netherlands ° 45,000 — 13,000 — 61,000 10,000 Belgium . . — — —_ ae 77,000 _ France ‘ ° 55,000! 830,000 6,000 oe 187,000 55,000 Portugal . s —_ 278,000 15,000 _ —_ —_ Spain ® “ — 91,000 — = 31,000 — Austria-Hungary 5,000 — oo 139,000 57,000 — II. Non-European States and Foreign Colonies, German West Africa . ’ a ae — — — 52,000 Java and Dutch Possessions . — a — — — 52,000 French West Africa) _ _ —- a 344,000 Siam . . A —_ — -— oa — 119,000 Japan ° é — _ _ 57,000 II,000 — United States . \| 3,383,000 _— 29,000 \| I,134,000\| 1,802,000 \| 1,019,000 oo . . . — oo a. ee — 89,000 Nicaragua . Ps — -- fa _ _ 22,000 Mexico . 3 -- — soe os —- 9,000 Hayti and San Domingo - — _- _ — oo 23,000 III. British Possessions (including Protectorates). Gold Coast ‘ => coe — —_ —- 198,000 Southern Nigeria — — — -—— —~ 226,000 F _ _ —_ _ 7,000} 752,000 lon é nine nasi a _ a 14,000 British North ‘ sade fille pare — _ 11,000 Australia (including Tasmania) ‘ _ —_ — _ _ 243,000 New Zealand ’ 11,000 -— — — — — > + \| 3,150,000 -~ 265,000 85,000 71,000 94,000 3 2,000 — 123,000 _ _ _ British W. India é 4 — —_— -- _— nt 16,000 tish Honduras _ _ _ oy — 135,000 British Guiana _ — — — — 55,000 TOTALS + \| 22,800,000 \| 4,427,000\| 5,205,000] 1,735,000\| 4,515,000] 3,692,000 N.B.—The slight differences shown here from the lump sums quoted above are due to small additional entries in Board of Trade Returns under “ From Other Countries’ unspecified ed, 172 TIMBER SUPPLIES AND THE WAR Columns 2, 3, and 4 of this form are perhaps of greatest interest at the present juncture, since some important industries are dependent on the materials they deal with being available. Column 1 includes the bulk of the timber in general use by the building and other trades employing wood. Approximately one-half of the imports of 1913 are probably closed for the present. In column 2 about three-fourths of the pitwood imported came from Russia and France. © Supplies from these countries are unlikely to be available for some months to come, probably at the earliest well over a year, since no fresh fellings are likely to be carried out till the men return from the Colours.! About three-fifths of the wood pulp (column 3) comes from Sweden and Norway. Whether this material can be delivered must depend on North Sea naval problems. The United States, Canada, and Newfoundland should, in course of time, be able to help us here. To the United States and Canada we shall have to look for our supplies of oak, unless the trade will be content to use the harder but finer quality oak of theseislands. As regards the £4,500,000 of wood manufactures, the present will be an excellent opportunity to ascertain how many of these articles we can produce in this country. In the foreign hard- woods only one-sixteenth comes from Europe. The command of the sea throughout the world should, therefore, enable supplies of these commodities, of 1 Since this was written the Board of Trade Returns for Sep- tember 1914 show that 240,000 tons of pitwood were imported that month as against 600,000, the normal amount for the month, The greater part came from France, ee AREA UNDER PLANTATIONS 173 which probably teak is the most important, to continue to arrive in our ports; provided always ships are available to carry them. The match producers in this country will not be sorry to secure the half million of money paid for imports of this article to these shores. Sweden, Norway, and the Netherlands could, how- ever, ‘maintain or increase their supply with a safe North Sea passage maintained for them.' The area under woodlands and plantations in these islands is roughly about 3,030,000 acres, as follows: England, 1,666,000; Scotland, 879,000; Ireland, 303,000; Wales, 182,000. With the favourable con- ditions of soil and climate of this country these three million odd acres should give an average annual growth or increment of 60-70 cubic feet of timber per acre, instead of about 10 cubic feet, which is, roughly, the actual present average production per acre. Fifty cubic feet is the estimated average annual growth in Germany. As has been said above, the United King- dom buys nearly half of the timber exported from all countries, and the prices ruling in British markets affect the world. It has been shown that at least one-half of the 1913 imports of conifer logs and sawn and planed coniferous timber are at present closed to these islands, and to all appearances are likely to remain so for a considerable period of time. Also about three-fourths of the pitwood imports (coming from Russia and France) are lost to us. The supply, 1 This article was written in September 1914. It is perhaps of some interest when the position of affairs a year and a half later is taken into account, 174 TIMBER SUPPLIES AND THE WAR so far as is possible, of these two classes of wood during the next few months, until more distant countries can come to our help, is the problem before us. That efforts will be made by countries farther afield to take advantage of this decrease in imports in the British market has already been evidenced by the offer of the Government of Newfoundland. It has already in- timated its desire and intention to supply the pit- wood market. For this purpose there are, it is under- stood, considerable areas of scrub and stunted material in the Colony on tracts formerly over-run by fires, which it is expected will be able to furnish considerable supplies of pitwood of the smaller sizes. America and Canada, who already send us well over a fourth of the imports of coniferous logs and sawn and planed timber, may increase this amount. This may, how- ever, take time. The supply of imported oak timber will also be practically confined to the United States and Canada. It would appear, therefore, that in these three directions there is a great opportunity for home-grown material, material which, owing to a variety of causes, chiefly perhaps the rough knotty nature of the wood grown and the heavy railway freight rates, has not up to now been able to compete in the open market with imported material of the same species and class, but of better quality. For the figures of imports already tabulated emphatically prove that colliery-owners and others are no longer in a position allowing them to pick and choose. True, owing to our contracted exports to the countries engaged in war less wood materials may be required in these islands. But our imports are so vast, and the home NEEDS AND OPPORTUNITIES 175 supplies available so comparatively small, that there is no need to worry on that score. The important point is to get rid of our own inferior material, whilst at the same time giving a much desired support to the market, before more distant fields step in and once again cut out the home-grown. Incidentally the cause of scientific forestry in this country has all to gain by such action. How is this unique opportunity to be. taken full advantage of ? It has been shown that all the imported conifers of divisions I and 2 can be grown in this country. The chief are Scots pine, spruce, larch, and fir. The first two are the pit-prop woods (In France and South Europe the Maritime pine is used.) Considerable tracts of Scots pine exist in this country. Of spruce, the available supply is, unfortunately, very small owing to the extraordinary neglect which this species has received at the hands of planters up to compara- tively recent years. Larch for colliery purposes is only used in the main galleries owing to its greater cost. We have little fir growing, save as ornamental trees in policies and parks, and soon. With a heavy demand and restricted supply, however, we can reckon on colliery proprietors being prepared to take anything which will serve as a pit prop, provided it has fair straightness, the necessary strength, and is of the requisite size. There are plenty of scrub areas of oak and other species in the country, in parts of Scotland especially, grown up from the old oak coppice, which will furnish material of pitwood size. Such areas before the war were worthless, and in many cases would not, or scarcely, cover the cost of felling 176 TIMBER SUPPLIES AND THE WAR and replanting. Their opportunity has now arrived. It should prove possible to fell all accessible areas of this nature at a profit, provided the operation is undertaken in the near future and before other more distant supplies are placed upon the market.' Thus, broadly speaking, it may be said that almost any area which is fairly accessible and has on it a crop of size and sufficient durability to produce pit props has at the present a market before it. Areas of older trees can supply logs and sawn and planed timber in addition to pitwood. Other hardwoods which will now be taken are chestnut, beech, birch, sycamore, elm, and alder. It is possible to differentiate between the different classes of woods which may be utilised in this manner in the service of the nation, and to the advantage of the proprietor. Taking first the Scots pine woods of Scotland. There are unfortunately considerable tracts of both middle- aged and old woods which were very badly blown out in the great gales of November 1911 and April 1912. Other areas of middle-age and under have been badly opened out by snow-break and wind. Others, again, planted in unsuitable localities, have never fulfilled the anticipations formed for them, and already before middle age it is seen that they will require a very long rotation to produce timber of sleeper size. The oppor- tunity for all these classes of woods is to hand, and there should be every prospect, if they are dealt with 1 It has already been shown in Article I, p. 8, that such areas are being felled in Perthshire (and elsewhere), the material being delivered on the Highland Railway at 18s. per ton, Vide Pl. 8. These props are being sent to Newcastle.—E. P. S. May 1916. Seritiadns Latmen anaceieciedt iene ’ 5 ‘Phe Oe Pe CLASSES OF WOODS 177 at once, of a profit being obtained from their sale and clearance. The second class of woods for consideration are those from about thirty-five to fifty years old Scots pine, Scots pine and spruce, or with a few additional larch in mixture. These may have been grown to produce pit props, as in the instances at Raith (on a forty-year rotation) in Fife, or the original idea may have been to grow them on a longer rotation for large timber. It will be for consideration now whether it will be more profitable, and to the greater interests of the nation, to clear fell these areas and convert the material into pitwood. It is unnecessary to consider here at any length the next class, old mature, or nearly mature, woods. With a good market their removal will be financially desirable. The next class, from the scientific forester’s point of view, is certainly not the least important. This consists of immature woods from about thirty years of age and upwards, in which thinnings can be made. In all accessible woods of any size, these thinnings should provide a considerable amount of pitwood material. The important point will be that the thinnings should be made with care, the trees to be removed being marked beforehand by a reliable forester well acquainted with the principles of scientific thinning. Finally, for general purposes there are the few pure spruce, larch woods, and various hardwoods. Of pure spruce there are few in this country. Such as: are available will doubtless be marketed at wy profit. Pr. We Wa ts if < / a Nags te i eed ie oa 1% hs ae fi ae \| ly, & y 178 TIMBER SUPPLIES AND THE WAR Little need be said here of larch. The timber always finds a ready market, and there will probably be an upward tendency in prices for this material. For oak high forest the scrub areas have been already dealt with—in the absence of the nearest supplies which come from Austria-Hungary and Germany there is likely to be a larger demand and a higher price. Birch may be in demand for furniture-making purposes, in addition to pit props;-as also our other useful hard- woods, to take the place of imported manufactures. As to the size of the wood materials in demand. It will be unnecessary to dwell upon division 1, logs and sawn timber. A few remarks may, however, prove useful on pitwood. The following is a quota- tion (abbreviated) for Scots pine and spruce pitwood drawn up in August 1914 by a large colliery proprietor in Scotland.' The classes are four in number—round props, quartered props, crowns, and pit sleepers; the prices are carriage paid, delivered at the mines. Round props—3 in. up to 4 ft. in length fetch 3s. 11d. per roo ft. in 4 in. classes, and varying lengths, to 5} in. up to 8 ft. in length, fetching 10s. 9d. per 100 ft. Quartered props—Ex. 5 in., 6 in., and 7 in. up to 4 ft. long fetch 2s. Id., 2s. 9d., and 3s. 7d. per 100 ft. respec- tively. Crowns—3}4 ft. x 3. in. x 14 in. fetch 1d. each. 4 ft. x 34in. x 1} in. fetch 13d. each. 5 ft.x4 in.x2 in. fetch 1$d. each. 5 it.x 4hin. x 2} in. fetch 1d. each. 5 ft.x5 in. x 2}in. fetch 24d. each. Pit-sleepers—3 ft. 3 in. x 5 in. x 2 in. fetch 15s. 6d, per 100. The butt ends of trees are usually cut up into quartered wood, pit sleepers, small crowns, and hutch-boards. 1 The prices have since greatly increased. PITWOOD REQUIREMENTS 179 Of the amounts of timber and pitwood available in these islands to fill the gap made in the imports, it is not at present easy to speak.! There is no forest law in this country, and therefore no power to compel the felling, in the interests of the nation, of areas of woods in private ownership, as is the case in many Conti- nental countries. Nor is there any evidence that such a law would be necessary in Britain. The diffi- culty in the past has been to find a good market for the produce of the woods. With a market at the door there can be little doubt of the willingness and patriotic spirit of proprietors to take advantage of it. It has been estimated by one large Scottish colliery proprietor that he would require about 200 acres per annum of fair, well-grown Scots fir, forty to fifty years old, for his needs. And he further estimated the total Scottish colliery requirements at 6,000 acres of the same material per annum. It has not been stated whether the calculation is based on Continental methods of growth or on British ones—a matter of some import- ance, since the British woods as grown in the past carry far less per acre than is the case with the better- grown woods of the Continent. The estimated average annual requirements would thus be probably nearer 8,000 acres per annum. And this is for pitwood alone ! In conclusion, there is one other point which may 1 Inquiries by the English Board of Agriculture, published in November 1914, on the subject of the amount of pitwood available in England and Wales estimate 7,900,000 tons standing in the woods, of which 3,800,000 tons could be exploited by extraordinary fellings. This would supply the demand for one year, the total amount available only supplying the requirements of two years. 180 TIMBER SUPPLIES AND THE WAR be briefly touched upon here, for it scarcely comes within the purview of matters herein considered. I allude to the labour supply. To work the woods in the country will almost certainly require a supply of imported labour, and provision will have to be made for the housing of such labour. Even so, this labour, or much of it, will not be satisfactory for the present emergency, which demands good and rapid work. At the present moment we probably have as fine a supply of well-trained forest labour as has ever been in exist- ence in this country. It is to be found amongst the German prisoners.! One-twelfth of the population of the German Empire is said to be connected in one way or another with the working of the German forests. There must be, accordingly, at the present moment amongst our prisoners men who are first-rate forestry labourers. It would appear possible that in this emergency some use could be made of these men, their services being remunerated. In thinning operations trained hands would be invaluable. 1 Also to a certain extent amongst the Belgian refugees. ee Rk er i EVO ARO T Th in ee. 4g Se XIII THE EFFECT OF SIX MONTHS’ WAR ON THE TIMBER SUPPLIES THE outbreak of the Great European War inevitably brought about an immediate and considerable dis- location to trade in all departments. That a war in Europe, even on a small scale, given that certain of the Great Powers were the belligerents, would result in such a check had, of course, been anticipated for years; but some of the direct causes for this diminu- tion could scarcely have been foreseen. For instance, the shortage in freight steamers was perhaps not expected to the degree which has actually taken place owing to the large number of vessels taken up by the Government for military and naval purposes. The First Lord of the Admiralty told the House some months ago that a considerable portion of the British mercantile fleet was being so used.'! This action on the part of the Admiralty, whilst quite necessary, has resulted in a shortage of vessels which has had a direct bearing upon the shrinkage in imports both of timber and other produce of the forests—for shiinkage there has been. Then, again, the removal from the ocean of Germany’s entire mercantile marine, plying as it did on every sea, has naturally still further assisted 1 This article was written in February 1915 and published in the Nineteenth Century in July 1915. 181 182 EFFECT OF WAR ON TIMBER SUPPLIES the depletion of cargo vessels, since so large a pro- portion are interned, and consequently unavailable for transport purposes. That timber supplies as a result of a European war would naturally prove one of the first commodities to suffer in this country was a foregone conclusion amongst those who had studied the subject at all closely, the point of greatest and immediate danger being the pit prop and pitwood supply of the mines, of which some {4,400,000 worth were imported in 1913. Further, it was realised that a war in which Russia was involved with her near Western neighbour would, with the closure of ports, be seriously felt in this country, since we are indebted to Russia for some {12,800,000 sterling of timber imports annually, more than a fourth of our total imports of forest materials from the whole world. An examination of the Board of Trade Returns for the first six months of the war (to end of January 1915) shows that the imports and consumption under all heads of timber, etc., including wood pulp and pulp board, dropped slightly less than a third, the total values for the six months August 1913 to January 1914 being £22,346,000, as against £15,714,000 for the first six months of the war. Considering first pit props and pitwood, we find that the supply of this material fell considerably. The returns for the six months show that 1,051,054 loads were utilised, as against 1,932,823 for the similar period in 1913-14, the values being {1,653,366 and {2,585,801 respectively, a decrease of nearly a million pounds sterling. Wood pulp and pulp board is another com- LARGE TIMBER gee 5x: modity in which a shortage was feared. This anticipa- tion has not, up to the present at any rate, been ful- filled, the imports even showing a slight increase for the period, though an advance in price is apparent. This satisfactory state of affairs is probably due to the fact that the chief importing countries are Norway and Sweden, the command of the sea having enabled the trade to be maintained. The supply for the six months has been 571,483 loads, as against 570,865 loads of the previous year. As has been said, the price has risen, the values being given at £3,214,903, as against £2,932,745 for 1913-14. As regards large timber—logs of fir, oak, teak, etc.— there has been a considerable falling off in the supply, 289,021 loads as against 448,896 the previous year, valued at {1,442,080 and £2,027,402—a drop of over half a million. Under this head there is, as was to be expected, a big decrease from Russia, whilst Germany sends nothing and America 18,700 loads less than during the corresponding period last year. In the case of converted wood materials imported under the heads of sawn or split, planed or dressed timber, the returns show a decrease of well over a million loads (2,444,027 as compared with 3,794,377 loads in 1913-14), the values being £8,313,558 as compared with {11,965,891 —a decrease of over three and a half million pounds sterling. Lastly, for a miscellaneous group, com- prising staves, mahogany, and unenumerated items, the values for the war period are given as {1,089,802, as compared with {2,833,843 for the corresponding months the previous year—a drop of about one and three-quarter million pounds sterling. 14 184 EFFECT OF WAR ON TIMBER SUPPLIES The total decrease in the values of timber imports for the first six months of the war amounted to £6,632,000. The totals under the five groups into which the timber and other forest imports may be divided are shown below in pounds sterling: , Previous Year War Period Group. Classification. Aug. 1913 to Aug. 1914 to Jan. 1914. Jan. 1915. I. \| Hewn Timber—fir, oak, teas : £ etc. 2,027,402 1,442,080 II, \| Pit props and pitwood . 2,585,801 1,653,366 III .\| Sawn or split,planed or dressed timber . 11,965,891 \| 8,313,558 IV. Miscellaneous—staves, maho- gany, : 2,833,843 1,089,802 V. Wood Lies and pulp board . 2,932,745 3,214,903 22,345,682 \| 15,713,709 Deficit for six months war period. ; ° ; 6,631,973 Now, the total value of the imports of these materials for the year 1913 amounted to a sum of £42,725,000, roughly divided among the above groups as follows: Values in Sterling Group. Classification. of Imports during 1913. £ I. \| Hewn Timber—fir, oak, teak, etc. : 5,500,000 II. \| Pit props and pitwood . ; 4,400,000 III. \| Sawn or split, planed or dressed timber ‘ 22,800,000 IV. \| Miscellaneous—staves, etc. . 4,600,000 V. \| Wood pulp and pulp board ; 5,425,000 TOTAL 42,725,000 COMPARISON OF FIGURES 185 The totals in Groups I. and IV. are not quite correct for these groups, since in the Annual Statement of the Board of Trade the items are grouped differently, mahogany being included under I. For our purpose the above lump totals are, however, sufficiently ac- curate. A comparison of the above figures with those given in the table analyses for the six months August 1913 to January 1914 and August 1914 to January 1915 shows: (1) That the totals of imports for the period com- prising the six months August 1913 to January I914 are slightly higher in value than those for the other six months of the twelve—7.e. {22,345,682 as against £20,379,318. \| (2) The decrease for the first six months of the war amounts to practically a little under a third of the total imports of the year, supposing the decrease were to be maintained during the following six months. (3) That importing countries, unaffected directly by the war—.e. non-belligerent countries—have not yet taken full advantage of the favourable market con- ditions existing in this country to increase their supplies to any very large extent, with the exception perhaps of Norway and Sweden. This apparent inaction in the face of so favourable an opportunity is probably due, in part at least, to the shortage in freight vessels already commented upon. A great variety of different industries and trades in this country are dependent upon the various classes of 186 EFFECT OF WAR ON TIMBER SUPPLIES timber and other forest imports, such as, e.g., pulp mills, saw mills, furniture factories, brush factories, bobbin manufacturers, etc., and builders, carpenters and joiners, etc. It will therefore be of some interest and perhaps of value to analyse group by group and month by month the imports of the various materials, indicating where possible the countries from which the imports have been obtained and the deficits in the amounts received. Such an analysis will enable us to form an opinion as to the directions in which the pinch is already being felt, by a comparison of the fall of imports with an increase in price; at the same time it will be possible to ascertain the directions in which increases in imports over those for the same months of the previous year have taken place. In the previous article it was pointed out that Norway and Sweden, as also the countries across the Atlantic—Newfound- land, Canada, etc.—would be likely to take advantage of a rise in prices and a dearth of material in this country. Such a state of affairs has to some small ex- tent already made itself felt, transport facilities in the way of available ships having probably been the chief deterrent up to date. There is still, therefore, scope for the exploitation of available home supplies, which, owing to their inferior quality and heavy railway freights in this country (now somewhat lowered for some classes of produce), could not previously compete satisfactorily with the imported material. Taking our first group, Hewn Timber (fir, oak, teak, etc.), the table on p. 188 shows month by month the quantities _ and values received during the periods August 1913 — to January 1914 and the war period August 1914 to DETAILS OF IMPORTS 187 January 1915. Some points of interest can be derived from the figures there given. In the first instance, each month of the war showed a steady drop in the imports as compared with those of the same month during the previous year; and all the countries from which the imports came participated more or less in this decrease. German imports dis- appear at once, as also, though not shown separately, does Austrian oak. Russian imports drop from 222,000 loads valued at £522,000 to 99,000 loads at £203,000, the latter figure being fully as much perhaps as one could have expected from her under the circum- stances. From Sweden the imports show a slight decrease of 2,600 loads, whilst the price rises by £2,000. odd. Norway exhibits consistently rising imports for the six-month period, the total being nearly double \| that of the previous year, valued at £50,700 (as against £25,200)—a most satisfactory state of affairs. From the United States, as also Canada, the imports fluctuate, some months of the war showing arise, notably August and November for America, and August, September, and October for Canada. America has a total decrease of about £180,000 in values for the war period, whilst Canada, with a slight total increase of imports, has a corresponding slight increase in values. From British India the chief export in timber is teak, and here the market would appear to be recovering itself by January 1915, this latter month (with the exception of Septem- ber) being the only one to show an increase of this material over that of 1914. 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PIT PROPS AND PITWOOD. QUANTITIES IN LoaDs, VALUES IN {. 1913 I914\| I914 T9I5\|} 1913 1914} 1914 1915 “s ‘, . e Sion] 2 . oa] . . e ~~ . 3) &8\| 5) 8) 8/2) 8) 3) S\| S\| 83) 8/8) 6) 8) gi Bele 5) og Q1ZIOLAIAIRI<\| DIOLAZlAl Alida ZliAIRI AI BZIOlLZI Alm Totals for OPH) He] OC] HO] AHH) CO] F/O] O] BH] WH) DO] oH] TH] \|] O Alo ' first six \|\| 8) %) S\|) \| S/8) S18 )8) oy Ri o3 N18) 8) o/ 8) SSIS Sl lg months of \|} 8/8) 5/</S/S13\| Sas) 8 S18 Si SiS] S1S13) 8) 3] oI] S18 War com- Si SL LL OTH RL HOO] mM Al al Ri al al ol om ale pared with same months \| \|- — ——, F \|\| s he Y of 1913-14 1,932,823 1,051,054 2,585,801 1,653,366 There was a slight increase in price per load (from £1°36 to £1°54). In view of the fact that our chief supplies of pit materials come from Russia, who sent us £2,400,000 worth during the year 1913, and from France (£830,000 in 1913), it is to the good that supplies have been as well maintained as the above figures indicate. The third group consists of sawn or split, planed or dressed timber, including sleepers, which the Board of —— €161 ul Apoyeredas UMOYS JON » ~~ “2 br-£161 ‘eres ‘Cog: jO syjuom xIs oures g6s'Sx6 8 neg 16g a rs -” WHA poredmos rem Jo - SYJUOM XIS }SIV JOJSTeIOL 994699 \Lg9'6LZ \| Lof‘gh1‘z \| 1zg‘Sez‘e \| EVG‘Lor't \| PES‘zzE‘I \| 1gb‘Sgq \| gghgor‘r \| c6E‘OSg‘r \| goI‘ggZ‘z \| Sz6'1Sg‘z \| rzS106‘z \| . ° - 7eI07, tvog‘ch \| ELbor \| Sgg‘rS Lever 6bg‘Ex Exr‘gf LeL‘gl _ _ = _ _ IEA = x1g‘Z \| ors6) =\| 6gr ‘rr Igz‘er ol ‘ze zEL‘o~ GLe‘gf \|ofE‘Zor \| 06SZZ PES‘oz 16€‘rE o6‘1b : pda ¥98 Z1\| z€6‘tz1\|616‘Sge \|Sgf‘zqq \| orS‘zo€ g e“1e 6£6C2 94906 loggtSz \|Sqq‘00S \| 9S6‘zZb S0'obs 5 * $97GNOD 12930 909° 611'rZ \| 260°Zg ozr'ber ee bgtox o6S‘ES \| oZo‘gor thy gs for 66z°Eo€ \|€oStroz \|. : $9781S ~ et oog‘ogt\| z6r‘Z1r\|orz‘1z7r \| 1oL‘gzxr_ \| 6¥6'S 1zt‘bp EqgS‘SS \| 6¥6‘QL 6Sz‘6¥ g ‘€ 6'gZ Loz‘el ° . ABMION E€Q‘SSr \| gzr‘goz be ed 66%'616 \|[CLE‘TEE \|Cro‘Zez_ \| Cor‘g1z \| Z69‘zo€ gx Ad: 66>°Ob re Ce) roz‘bse \|. : . uspamg 99Z4‘ZZ \| E€etrc\|bgo'bSg \| gzEbgt \|org‘Lo€ \|ogf‘Egh \| boz‘6g1 \| gSS‘tzh S6°9SZ \| £L6‘°S6P1 \| coQ’SS HT \| rZh16S‘r \|, é - * pissny ‘uef \| ‘seq "AON "po ydeg “sny ‘uel 29 “AON ‘po “yas ‘sny $161 v161 br61 €161 J NI saoIvaA br-€161 ob bbe “P6Z‘ jO sy}uOmM XIS owes ézo'r ei LLE‘VOL‘E YIM poxeduros eM jo f "\| Ssq}WOUrxXIs Js1y 10; s]e}OJ, Szg‘Lox \| org‘Loz\| zzo‘ZEg \| oOSr‘zSq \| QEP‘QVE \| HQO‘cEH \| OII‘Stz\| gho'EPE \| Ofg‘Z1S \| 6og‘b06 \| Hgg‘o6g 199‘zz6 \| : * eJOr o6b€x \| Corss 606‘91 €1€‘b gro _ 6L9‘zI_ \| 6ze‘bz ~— wes a oo i. : ‘ 810d2919— eroumnusu c6z'x \| Cob z 100'z 160° 5a vAL Sor‘S ree or \| gto‘oz SgZ‘gr €Cz‘Z $zZ‘9 609‘or at > SouqUNOD, om wEz'Ee \| SrzEE \| oLo'rg o61‘€6r \| Zov't6 Le ‘€6 zoe \| oF6'Ez £06‘Z biS‘6Exr \| EzS‘gzr \| gzz‘16r \|° , epeuey SS6‘Ex \| gog'hx \| Ezr'zz 169'bE P6L‘61 om 1G \|€Se'rr \| Cbr‘re zzS‘g Cbr‘o€ ore'rZ vig’Sh [* : $2323S peu Eze‘Sb \| ZEg‘Zz \| Sze6z \| ogr'zE \| SoStrz "4 TIO’SI \| OStoz \| SeStrx \| ggr‘€z \| 646‘1z \| SzEizz \|+ . ABMION ESz‘ZE \| oLZ'eS \| cOz‘zgz \| oSb‘1Zz \| 992‘66 gg0'og oSg‘rZ \| e6otvor \| Sgr‘6r1 \| gzz‘rgr \| 2£Z‘691 \| gzz‘ezx \|- . : teapaag GL£S‘cz \| gho'cL \| cot‘oor \| Obe‘Er1r \| $E1‘66 egZI \| 10z‘zg \| bEo'Zbxr \| Egr‘zgz \| Sgz‘Z1S \| oS‘z6r EggreS \|° 3 BISSNYy ‘uef \| ‘ood \| ‘aon "PO deg \| ‘sny \| ‘uef \| ‘oq "AON "pO \| ‘3dag ‘sny $161 br6r br6r €161 7 “SdVO’'T NI SaILIINVOD “AHAWIL GCHSsHud WO GHUNV’ld ‘LI’IdS WO NAVS ‘IIT "E> ale iE oe 190 RESULTS IgI Trade now show separately in its returns. With the omission of India and Germany, the countries from which the imports come are primarily the same as those of Group I. The table on p. 190 shows the variations in the imports for the two periods under review. Under this group we have a very heavy de- crease in Russian imports, from 2,013,000 loads to 683,000, valued at £5,894,000 and {2,150,000 respec- tively, a decrease of value of approximately three and three-quarter million pounds. Sweden exhibits. a better position, there being a decided recovery and increase in imports during September and October of Ig14, resulting in a balance on the right side for the six months, the figures being 826,000 loads (as compared with 769,000 for 1913-14), valued at £2,776,000 (compared with £2,190,000), an increase of half a million. Norway also comes out with a satis- factory rise on totals for the six months of the war, whilst at the same time showing a consistent increase for each month over the imports for the similar months of the previous year. The totalscome to 171,000 loads (compared with 114,000), valued at {694,000 (against £417,000). Similar results cannot unfortunately be recorded for the United States of America, there being a decrease on imports for every month except August 1914, the total values being {640,000 for the war period, as against {1,028,000 for the previous year. Canada, on the other hand, after a considerable drop in imports during August and September of Ig14, showed a consistent increase for the remaining four months of the war period. The totals for the whole period, however, did not reach those of the previous : b1-€161 yosq}uom zog‘6go'r Erg EEg'z SUTeS Y}IM poredmoo rem r rs Y\r = > \| LFO SYPWOW XIs ISI JOJ Spej}OL, o£ ‘€z1 \| ovr ‘6gr \| Sg€‘6z1 \| Ebg‘1S1 \| gg6‘oSz \| gLE‘Sbz \| gzg‘PHE \| ExEQSE\| OLz“Egz\| Lzg‘gzh\| HoS‘zSE\| Lzv‘oLo‘r\| . ° . 12}0L zlo‘zg \| zZ€‘zg \| Lev‘ol \| Leg‘ rog‘oor \| ggr‘hSr \| EzZ‘1z1\| HS P‘Gor \| E€z‘Zor \| g6bEgr \| Cro‘o£1 \| oF6‘zCx1 . “ * payeroumusny 1606. zoS‘€S \| efg‘or seers orgtoft g6F¥Qg \| ggo‘EQr\| gEPrgr \| cO6‘ZI1 \| 766‘zgr \| ES1'Eor \| che‘LZ : . * Auesoyey —pejyerommnueny se}un0D ZvE'TS \| goz‘€S \| gor‘ev \| rzg‘bh \| SSE‘Gx \| grZ‘gz \| S1g‘6S \| TEPSg \| rer‘gS \| ZEr‘oor\| g6EG11}\| She‘Shr \| - . é * s2aezg \| —peyesmNueny, sefjUHOD ‘uef \| ‘90a ‘sox \| “pO \| ‘xdag \| “Sny \| ‘wef \| sod \| ‘aon \| “0 \| “3dag ‘sny $16x br61 +161 €161 F NI SHOTVA \ . bI1-€161 yosy}uoM a —_ aUIeS YIM poredmos eM ¢ Vie antes \ \| LJO Sy}WOUT xIs ySIG 1OJ S]BIOL, pane amen — — o— — — =— =— = — aw . . . * yeyOL Egofor \| bor‘tr \| QZS°6 \| ez‘or gzS‘or Zog‘bz \| SgS‘gt \| ogthr \| EF6‘EX beoz \| 1S0‘gr ré1Se \| : * peyerumusng L61‘r 1029 zor'e \| g€S‘S \| gorb‘gr \| 9916 \| Zoe‘Or \| ESZ‘oz \| gzr‘fx of‘gr \| g6S‘1r \| L€g‘g : . * AuesoyeM —pejeloumueuy = seis}un0D "SNOJ, NI SAILIINVOD 16¢'S \| SSz‘9 gSb'g \| 1924S \| SxS \| boo'H \| IhO‘L \| GrG‘Ir \| O6E'rr \| LZhgtz \| gho'zz \| PoOE‘Ex \| - . . SdAR}S —poj}elomnusuy serz}UN0D ‘apf \| ‘Pq \| “AON \| ‘PO \| “deg \| “Bny \| ‘uef \| ‘929d \ ‘AON \|} “PO \| "3deg \| ‘SnY * $161 br61 br61 eS €161 “Savo’I NI SaILIINVaD ‘GULVUANONAND ‘ANVOOHVI ‘SHAVIS—SQOUNVWTINOSIA ‘AI 192 WOOD PULP 193 year—530,000 loads to 572,000, valued respectively at £1,819,000 and £2,034,000. There was also a small decrease of about £62,000 sterling under the head of “ Unenumerated Countries’’ for this group. Group IV. consists of miscellaneous products, in- cluding mahogany, staves, etc. The details of the imports for the six months’ period are given on p. 192. The imports of staves, as shown by the table, have dropped to exactly one-third during the past six months—33,000 to 99,000 loads, valued at £237,000 and £547,000, the price having risen from £5°5 per load to £7'1 per load. As was to be expected, the imports of mahogany decreased from 92,000 tons to 42,000 tons, valued at £805,000 and £315,000. A point of interest about these figures is that the price of this fine timber dropped during the period from £8°7 per ton to £{7°5 per ton. The ‘‘ Unenumerated ” materials in this group also show a decrease of nearly a quarter of a million pounds sterling. Our last group, Group V., consists of wood pulp and mill-board and wood-pulp board. It is a group possessing peculiar interest at this juncture. Setting aside the question of the daily Press, which is so de- pendent upon this material, we should all of us find it difficult to get on without the cheaper forms of paper, even in our domestic life. Perhaps the most significant feature of the imports of this product of wood lies in the fact that whilst the imports during the war period actually rose to a slight extent, the price has also risen as compared with the same period during the previous year. This increase must presumably be attributed to the rise in shipping freights. The price rose from . bI-€161 yosyjuow £06'br2'€ ShL‘zl6‘z cues FIM pereduros rem P A yl whine ,\| (FO SAIWOU xIys ASI 10; SpBIOL, — OQGELE \| Exg‘tgh \| SeEES g9S‘6S9q \| 9£2‘Loo'r \| tzb‘gSz\| gEo'bzh \| 166'Szq \| TZZ‘SSH\| 6QO'ggt \| ZQz‘Z6F\| 6Eo'rbh} > ’ Te}OX, 6£6‘cb \| cggtob \| gL6‘Z¥ \| Ghg‘ZZ \| SOL bP Z1L‘Iz \| bzS‘bS \| gQS‘ES \| OS6gh \| g6g‘Sg \| OFG6‘9S \| boo‘gS 4 . preog dind-pooan ptre preoq- “TTHAL pa SR : —payeroumnusny se1sjUnN0}D rof'zr~PerL'1r \| L6Z°€ J\|oLs‘bx \| gbS‘or 166‘c \|Co6‘Sr \| LZzeE‘11r \| Qghtor \| oo7‘Z o's 1S9‘S peyerunusny off'g \|Szf‘g9 \| gL1‘Ir \| ogg‘gt \| gbotr€ ZI19‘ZI \| €go'g \| Egg‘Ee \| zgrte \| or$Zr foz'9z geZ‘gr \| * : S91I}UNOD 32430 — eset — zoz‘zg \| oSo'rg 61Z‘Zt \| o$Z‘e \| gtz‘or \| ozr‘Ze \| S1S‘or \| gro‘S€ \| 1g‘ : 4 4 * epeueD — — —_ ae ISS‘€ \| CSE'be \| tez‘SE \| cESge \| EgL‘oz gro'og obr‘gr \| ° 2 Auewsesy biz‘16 \| 12g 99S ZSS‘gS \| bb6‘oor \| 6Lo‘bgz \|\| 609'Sg \| Sro‘orr rie Cor‘zZ \| 699'SS 54 €€q'F11r\| ° > * S£BMION gzS‘obr 1gg‘66z $6£‘g6z \| zLo‘Z1£ \| oo€‘gZ$ \| grz‘6o0r\| 1z6‘oZ1 ‘See 1zS‘gre oF6‘gIz \| oc ‘661 \| ShI‘gZ1\| * ° s * wepemsg £1L‘0F \| OLg‘o& \|ezo'se \|Crz‘gh \| 064°S — \|Szo'se oekere S6g‘zz \| 61b‘Sz \| g09‘61 \| gzg‘zh \| * 2 ’ * —- BISSNYTL ‘uf ‘2d \| ‘AON \| “PO \| "3dag ‘Sny \| ‘uef \| ‘ced \| “AON \| “PO \| ‘3dag \| ‘Bny $161 b161 b161 €161 F NI SHO1IVA = br-€161 jo syjuom Egr'rZ¢ : Sgg‘oLS DUIS T}IM Paredmos rem A» e” JO SYPUOM XIS PSIG IO} STCIOL, gLSizg \| oSS‘6Z \| gGz‘gZ \| ES1‘Ezx) goo'SZx \| z6z‘bS \| bog‘og ; Oghbr1) SoS‘Eg ; E€r‘ror) Szgbor) gZo‘gg \| * ° . ye}OL COS‘b \| g6c'b \| 6Sg°P \| 629°Z zlLt‘b eZee \| €Se'S =\| 1hHS StSb \|gzf‘g \| goss gt6‘s : . prvog dmnd-pooys pur preog. ~TTHA —pe}elommnusuy serjunoed 610'F Tgg‘z €xr‘r zgg‘t gbz‘c 0g6 elze'y £66‘z 6ZE'e \| Eze 6rb'r oSb'r : * pozyeroumueny oL1‘z 109‘I zg‘E \| gog‘’€r \| of€6‘g £t9‘9 LoS‘tr go0L‘Z ves * 6oz‘or \| gf9‘6 Zo‘ , sop}UNOD RHO ns 966‘z —_ Z£Eo'gz \| Leo'ce 9Z9'Z \| b6c‘r zgi'b ‘or \|1$r‘S \| orr‘gt Score e . epeuey) — -- _ —_— ron g16‘z 6e7'b 6gz‘t vES‘z SL9Q‘S S602 > : ¢ AuvTIID orh‘gt €C6‘Cxr \| 6Sze‘zx \| roS‘be \| EQZs‘6S $66‘61 \| 6LO‘SE \| ggb‘ez ogr'gt 1fo‘gz \| ELz‘o€ \| beb‘re \| * . > * SABMION 999‘ be ieret €ZS‘oS \| rzg‘1b \| ggSZq \| zho‘gr \| Q61‘gz S'S \| CoGvE \| ExrS‘zw \| HEEEE \| oLE‘Zz \| * “ . * Tepes oSZ‘¢ or + Cfotv \| Sgb‘S org _ Leer PE‘g €Ze‘e \| cere zor‘z re1‘¢ os ® . BISSNy ‘uvf \| ‘99d \| “AON "pO \| ‘ideas ‘Sny \| ‘uef \| ‘99d \| “AON \| “PO \| “3deg \| ‘snY ¢161 br61 br61 €161 "SNOT, NI SAILILNVAG aquvod diInd-qdooM AGNV GuUVOs"’TIIN ‘LHM GNV AUC “IVOINVHOAW ANV ‘IVOINHHO—dINd GOOM “A 194 WOOD PULP 198 £51 per ton to £5°6 per ton. The detailed table. of Group V. isgiven onp.194. Russia exhibits a curious fluctuation in her imports under this group. An almost total absence of cargoes during the first two months of the war is succeeded by a considerable increase over the previous year’s totals for October and November, followed by a decrease in December and January, resulting in a total drop of £42,000 worth of imports. Sweden, in spite of some fluctua- tions, shows a decided increase of imports for the period from 219,000 tons to 254,000 tons, valued respectively at {1,318,000 and {1,792,000, an increase of {I per ton in price. Norway has also secured a rise in price for her imports of this material, although the bulk imported is some 17,000 tons less than during the same months in the previous year. The increase price, as in the case of Sweden, amounts to {1 per ton. The German imports ceased altogether after August, when £3,500 worth was received. This meant a decrease from the previous year of 20,500 tons. In November and January of the war period Canada imported no wood pulp to this country, and in December her imports were smaller than those of the previous year. During the first three months of the war the amount of wood pulp sent to this country was much greater than for the same period the previous year, with the result that her imports of wood pulp for the six months’ war period rose from 41,000 tons in 1913 to69,000 tons, _. valued at £93,000 and £171,000. The increase in price was only £°4, indicating that the chief rise in prices of this commodity occurred during the second three months of the war. From ‘‘ Other Countries”’ there 196 EFFECT OF WAR ON TIMBER SUPPLIES was a slight decrease in the imports of wood pulp, the price of the material rising by £2. Under ‘“‘ Unenumer- ated ’’ there was an increase of 1,000 tons in the receipts for the war period, the increase in the values amounting to £1,000. Under mill-board and wood-pulp board there was a decrease of 6,000 tons, valued at £62,000, the price remaining the same for the period under review. There are several points which stand out in strong relief from the above analyses of the imports of forest produce into this country. The first, of course, although it may not be fully realised by those who have not studied this question, is our almost entire de- pendence upon foreign materials. In fact, we purchase half of the total forest imports of the world. The comparatively small amounts grown in this country are quickly absorbed, and the price obtained by the grower or owner of the standing crop has in the past rarely been higher than 50 per cent. of the full value of the timber itself measured according to scientific principles. There are, it may be at once conceded, many reasons for this anomalous state of affairs—the chief being the want of continuity in supplies in any one locality and the smallness of the areas of woods and therefore of the amounts of timber available from them. It is perhaps scarcely fair upon the railway managements to expect them to maintain the necessary rolling-stock for the carriage of timber combined with sidings for loading it and to quote low rates when sup- plies are so erratic as at present. RUSSIAN RESOURCES 197 Secondly, it may be held that as long as we are supreme at sea there is no danger of our supplies running short in peace time. But is this a safe in- ference? We imported, e.g., in 1913 nearly fifteen million pounds sterling worth of forest produce from Russia. Russia with Finland has extensive tracts of forest. The forests of Siberia have often been extolled as inexhaustible. This is perhaps not quite the truth, but, as has been shown, they are extremely valuable. The question is how long can we rely upon a contin- uous unchecked export of raw forest materials from Russia or from any other country. It must be borne in mind that, as with other semi-developed countries, Russia’s population and industries are increasing and have made rapid strides latterly. Also, not so many years ago a Russian Finance Minister painted quite a different picture of the state of the forests in parts of Siberia from the one so commonly accepted. It was in connection with the settlement of immigrants in the country along the Siberian Railway. He pointed out that it would be necessary to give special attention to the forests of those parts, the actual condition of which was, owing to wanton destruction by the inhabitants by fire and axe, by no means so rosy as was imagined. He foreshadowed protection and State organisation of these areas. This work has since been commenced and about a fourth of this gigantic area of forests has been explored. As in- dicated in Article X, the result of this investigation so far has shown them to be even more valuable than was anticipated. As regards the other countries Nor- way for a time, if not at present, was overcutting 198 EFFECT OF WAR ON TIMBER SUPPLIES her forests—t.e. trenching upon her forest capital. Sweden was probably working up to her full possibility in this respect. The controversy over Canadian wood pulp exports with America and the preferential tariff question will still be fresh in the minds of many. Instances could be multiplied. Countries which, up to recently, have been self-con- tained as regards forestry products have now com- menced to import and therefore to compete with us in the open market. Another important problem with which we are faced is the effect of the war on the Continental forests in the belligerent States. Immense destruction of tree growth must be taking place in the fighting areas in many parts of the world, and more especially in Europe, whilst the consumption of wood must certainly be enhanced by the enormous masses of men now con- gregated together. We read of the Germans cutting down whole tracts of forest in the Allies’ country they are occupying and transporting the material into their own country. The heavy howitzer shells are reported to sweep through a forest and lay the trees low as if a heavy storm had passed over the area. We have heard that even the roadside avenue trees are being destroyed wholesale, owing to the habit of picketing the horses to them. A competent forestry observer now at the Front wrote me as follows the other day : “Tt will take more than a hundred years to repair the damage done out here. All the trees (avenue) have been girdled by the horses to about ro feet up the stem. You see, horses are tied up under trees to prevent aeroplanes seeing them, and the usual way is THE OPPORTUNITY 199 to run a rope down a line of trees 3 feet or so up, and then tie up the animals by short head-ropes to this. Then they get at the trees and eat the bark and soft bast off. Itis rather a shame, but ‘ a la guerre comme a la guerre.’’’ It would seem highly probable that one of the after-results of the war will be greater competition and consequent higher prices for forest materials, and this country will be the first to feel the new condition. \| Two questions would appear to confront us: (1) Are we making full use of the opportunity which the shortage in timber supplies is affording us ? (2) Are we seriously considering the forestry problem in the new aspect in which the war presents it ? (1) The Opportunity.—Much is being done by the Boards of Agriculture, both English and Scottish, in the direction of drawing the attention of proprietors of woods to the possibilities presented by this unique opportunity both for clearing out woods of poor de- velopment or which have suffered irretrievably from wind or snow damage; and, secondly, in adequately thinning promising young woods and selling the material as pitwood. Some proprietors realised the position at once. The question now is, Is there not some danger of available supplies being held up too long in anticipation ofa still further risein price? The opportunity is without parallel. It will be a pity to miss it. We have heard already of mines introducing iron props. These are more expensive, but, provided they can be recovered for further use, they can be made, it is thought, to pay. And by offering an extra influcement by way of pay the men are being per- qt) 200 EFFECT OF WAR ON TIMBER SUPPLIES suaded to recover them. Once the initial difficulty of introduction and recovery of these props is surmounted the managers are unlikely to go back to the wood prop, and the market for this article will be proportionately lessened at a juncture when, with the advance in British forestry, it is most important that it should be maintained. An experienced colliery proprietor said to me the other day: “‘ The shifts we were put to after the outbreak of war to keep things going resulted in all sorts of expedients being devised, and some of these may have come to stay.” The iron pit prop, for instance ! (2) The Forestry Problem.—Is it not time that a decision should be arrived at as to the percentage of the available plantable land in the country which should be maintained under woods in the interests of the community as a whole? There are many keen planting proprietors in the country. It is known—the various Forestry Commissions, appointed at intervals by the Government of the day, have dealt fully with the subject—that there are several million acres of plantable land which could be made to produce a proportion of the materials now imported. Inci- dentally the woods would also give rise to flourishing industries, such as pulp mills, furniture and toy factories, and the thousand and one manufactured articles which we now import, affording employment to a considerable population. The blue-books of the above-mentioned Forestry Commissions have pointed out that town labour was useless for planting and general forestry work, as the townsman could not handle a spade or stand the hard SES LABOUR 201 work and climatic conditions entailed by forestry operations. This plea was true at the time. It isa question now, however, whether large planting schemes, if well thought out and prepared beforehand by a central organisation, could not be put into force at the conclusion of the war. Every soldier now has to learn to handle the spade and pick in trench work ; and large numbers of young men who will have been hardened to exposure will at the same time have been imbued with a liking for outdoor life. At least, it seems probable that after the war they will be rather unsettled for a sedentary life in the cities. Many will emigrate unless they can find congenial occupation in this country. Numbers might be induced to take to forest work, and planting on a large scale could be undertaken. A unique opportunity lies within our grasp. Is it going to be let slip ? XIV TIMBER IMPORTS AND EXPORTS IN I9gt5 THE first year and a half of the Great War has brought into prominence a number of economic factors and questions, many of them by no means flattering either to our vanity or organising powers as a nation. We have discovered our entire dependence on our enemy Germany for many of our everyday requirements, one might almost write necessities—dyes, medicines, even such an important fighting material as acetone, all were made in Germany. For one economic essential, however, we were not dependent upon Germany. Our timber and other forestry materials did not come either from Germany or Austria, with the exception of comparatively small quantities. And yet, as has been already shown in these articles, we were practically entirely dependent upon imports for these materials. By the end of the first six months of the war we had realised, to some extent, our difficulties in this respect, as the preceding article has indicated. But we were still far from a full realisation of what was in front of us. True, prices had already gone up, but to nothing like the figure they were to reach by the end of another year. Our true position in this timber matter does not appear to have been fully grasped by the country 202 TIMBER IMPORTS AND EXPORTS 203 till well over a year of the war had elapsed. The Home Timber Committee was not appointed till Decem- ber 1915. We had by then realised that the shortage of freight ships combined with the activities of German _submarines had brought about a timber crisis—the beginnings of a timberfamine. To meet the immediate needs of the moment—the urgent requirements of the War Office and Admiralty—we had to turn to such - home woods as existed and make use of the material, poor in quality though much of it was, which they could furnish. A comparison of the imports of timber materials, and prices paid for them, during 1915 with those of 1913 (the last full year before the war) is of some importance in this connection, for it exhibits both the falling off in supplies and the great increase in prices. In some cases—to wit pitwood—the extraordinary and serious position is disclosed of a larger sum being paid in 1915 for a smaller amount of material ({£4,700,000 for 2,100,000 loads) than was paid in 1913 for a larger amount of material (£4,400,000 for 3,400,000 loads). Had the sum of money thrown away in this manner during 1915 been spent on afforestation twenty-five to thirty years ago we could have hoped to have had much of this material standing in woods in this country at the outbreak of the war. Surely this one instance alone should prove sufficient to awaken the nation to the very great economic importance of the afforestation question. If we take the six groups into which forestry materials are classified in the Board of Trade Re- turns we obtain the following compatison of amounts 204 TIMBER IMPORTS AND EXPORTS IN 1915 imported and prices realised during 1913 and I9gI5 respectively ': Total Amounts for Years Classification. 1913. T9I5. Quantity in\| Vatuein ¢. \| Quantity in \| Vatue in £. I. Hewn (fir, oak, teak, 928,903 \| 4,398,478) 322,348 \| 2,547,777 etc.) . . ‘ II. Pit props and pit- ‘ wood . . + \| 3,451,32 4,445,066\| 2,168,391 \| 4,786,301 III. Sawn or split, planed or a “gear : ; ing sleepers - \| 6,636,607 \| 21,034,635} 4,764,584 \| 22,728,621 IV. Miscellaneous (staves, mahogany, hard- wood, etc.) . ; — 3,910,705 -= 2,716,065 V. Wood manufactures _ 3,583,187 —_— 2,324,627 VI. Pulp of wood, wood- pulp board, etc. . \| 2,296,835 \| 5,283,716} 2,167,032 \| 5,979,486 TOTAL . ° ° — 42,655,787 — 41,082,877 During 1915 therefore we paid about one and a half million pounds sterling less than in 1913 for our forestry imports, but we received nothing like the same amount of materials for this £41,000,000—roughly speaking only about three-fifths; nor are we likely to do so in the years to come and probably never shall again. Nearly three-fourths of our imports fall in the first three groups, coniferous timbers (firs and pines) and pitwoods. Of these we imported in 1913 11,016,838 loads valued at{29,878,179, whilst.in 1915 only 7,255,323 loads were imported, for which we paid £30,062,699— an increase of price of from {2°7 to {4'1 per load. If the above groups are analysed it is observable that * These figures are taken from the Trade and Navigation Returns issued monthly. EXAMINATION OF STATISTICS 205 in Group I. (Hewn Timber) for about one-third of the material received in I915 (322,348 as compared with 928,903 loads) we paid a little over half the price paid in 1913 (£2,547,777 as compared with £4,398,478). In Group II. (Pitwood) the prices, as already men- tioned, are even more startling. For an import amounting to 1,300,000 loads less in 1915 (2,168,391 compared with 3,451,328) we paid {£300,000 more (£4,786,301 compared with £4,445,066). Group III. again(Sawn Materials, etc.) presents the same anomalies —for, with a decrease of 2,000,000 loads (4,764,584 compared with 6,636,607 in 1913) we paid a million and a half pounds sterling more (£22,728,621 com- pared with {21,034,635 in 1913). Of Groups IV. (Miscellaneous) and V. (Wood Manufactures) we im- ported about {2,500,000 worth less in I915—about one and a quarter million less in each group. Group IV. merits analysing. It consists of staves, mahogany, other foreign hardwoods and veneers. It is difficult to understand why the step recently taken of pro- hibiting the import of these foreign hardwoods, veneers, etc., was not put in force at the end of the first six months of the war. Even then the tonnage difficulty was already being felt. Who requires mahogany and veneers in war-time? Even if a demand existed it would have been better to put an end toit. In 1913, 141,801 loads of mahogany valued at £1,225,879 ;. in 1914, 143,432 loads valued at {1,137,563 ; and in 1915, 48,284 loads valued at £385,635 were imported. For the same three years hardwoods and veneers, etc., were imported as follows: 249,411 loads @ {1,684,778 ; 226,513 @ {1,508,795 ; and 191,154 @ £1,613,042— SPS‘S1z r19'9? 6S 9‘6zz £06‘zs 6g6‘EZE \| EgSzq \| bgf'x1> Lo0'1g preog ding pue ding poom @72‘ZZI £99‘L0€ Zof‘lor; — gf b'ggz — sanyzouy “nURAL Poo £z76‘€o1 694‘SSe ort‘fz1 _ £g0°6Sz e Aues -oyey ‘sis0 “BeA “spoom FINzIUIN ‘sa avjgo— SnoomE]]I0STH{ ‘AI LEv'cel gze‘Eqr 99f‘96b €og‘ZE\| €Zo‘Zgr 99%‘699 \| SzgZor \| ggo'r £6 Zee Coe ‘III d6z‘10€ Sgz‘Sgr 60$‘oSx eoZl‘6sr bro‘glt gbo'ggt \| SSZ‘Z11 \| 06£‘60% 0Z6‘161 poomid pue sdoig wa LdS‘o7x gIg‘tr 16‘gzz S6£‘6E olb‘cr 6EZ‘101 \| 9S6‘er \| SZz‘rEE EES‘Ig “A ve) sat ayquend : "099 ‘Weal 420 ‘THA— €161 “C161 €161 “ROUVAT “AUVONVS "TOT BOYTSSETD 206 preog dng SLL \| 110'vbx 969Fgh \| 6z6'96 \| LoZ‘of€ \| 6S9‘zgq \| o06‘EZS grE‘Sorx \| OLE'E1E \| togtg \| 6rZ‘bo \| 196'So pue dma poom ‘IA Coe‘16x — \| £g90‘gbz — \|26‘o0z — \|€zg‘EEE — \| rz‘061 — \|goS‘tze —_ : samnjovy ; “nue PpoomM “A glz'L7z — \|962'6£z — \|S6r‘vgr — \|o9gg‘oZE — jzgt'ror — \| €€o'rgz _ . AueSoy -B ‘sioaua,A ‘spoom 31n} 190'S/g‘r \| OSSE1h \| ghg‘OfE'z \| o6g'SSZ SoS‘gr1‘r \| brig‘ bz \| Sgz‘ggk‘T \| gfg‘ozb \| OS6‘0b6 \| OSZboz obb'b69 \| Zeg‘Zgr\| ° siodaajs 10 poured ‘yidg 10 umeg “yIT Ezv'16z \|ogrogr\| 1€2‘oLb \| 61z°ZbE \| exZ‘xz gOLeSz \| SgSgEE \| POS‘oL< \| Loo'r16E \| z6b‘Zrz \| ogr‘z1z 6z$‘g61 \| Ppoomjzig pue sdolg Yd “IT Ggz‘o1z \| ELe‘gz \| VoL bgt \| 06S‘6g 1g6‘91z \| g6Z‘of \| gfS‘Zo$ \| g00'S6 \| rbg‘xz1\| Sob gr LEr‘ghE \| Lbz'6g \| * ‘ozo ‘year ‘ano f ‘AVM “qraay 207 969'2LL corer £gz‘Z6> Szgbor 096'1ZZ ZGz'1€1 6f0'r bd 940‘og €92‘z6Z L£zS‘€er cbr‘otr br16g preog ding \puedmg poom "IA — £g6'6bz €gS‘oLz 069‘9be zgg‘z1t glo‘tzz 1bg‘Zot + gamzory -nueyy Poom “A 99S ‘ogt boS‘eSé 66Z‘9zE Lzv'sle o$Z‘ggz bgo'gih ° Aues -~OUv ‘Sr99 “023A ‘SPOOM dInzWInG ‘soanis— SnOsULTeOSsTHE "AT EzS‘EvOE g1S‘SoZ Gz6‘1S9z bgg‘06g gr b‘fgo't 19g‘0S9 1z$‘r06‘z 1g9‘ez6 grf‘ggo‘e 99f‘Z9S 1Sg‘1bz‘E rzg‘SSo'r o71‘S1¢ 6zS‘gZ1\\| o$Z'gZ9 1bE‘6Zb oo$ ‘19% goz‘ooz oFf‘o009 goz‘ezr 192‘zZt 9fZ‘261 6gZ‘Sob bz6'IbE 2Lo0‘6oF obr'Z> ShL‘Shd ySo'Zt1 99Z‘bee cry $Ez‘ogt 694‘Zo1 zog‘ blz E1g‘tE SL6‘S bP zorrit xe) “A C161 €r61 “C161 “E161 MOTJEOBISSETO “1Isnony “penusju0I—SLAOdWI o19‘9f9 £09‘z6 1¥6‘Szg ooh v1 91Z‘g6F 6tr'9Z j1LZ‘SSr 69S‘Eg £96‘gtS £g9‘06 690°ggr €€rros preog ding pue ding poom "IA zZ1S‘6Ee S6L‘E HE 6gz'biz \| Sog‘ggz gig‘6Z1 gzb‘sre ooo'Ser €zE‘QSE Ezz‘or€e gLz‘Fgz gbs‘gze Lz9‘Qzb ‘soavzyo— snosueypeosHA “AT rE6‘OvE ‘I Lgz‘Soz 9gh‘gor'z gor‘ere Soo‘Zog‘z boo‘gSS z6E‘0SQ'1 gfg'Z1S z6rre7‘t 946SS9 gor‘gg4‘z 609‘¥06 209 pourld ‘yg 10 UME “IIT ztg‘I9v z61‘ob1 6S0'ELz gcS‘gzz 9S$‘909 609‘bgt \| Szo'Zgz oof ‘giz gzb‘ogS LLS‘zgr tgg‘69S 1bo‘rIcP * poompd pue sdoid Wd “IT 609'Sgi 6££‘0z boS‘ELz bbg‘os geese ob6‘gz \| CoS‘zgz 6z9‘09 o$g'f1z Ori 'bz oLg‘tgt grS‘og * "O70 “Weal ‘evo ‘a— pquiy UMeH “I “SHaEWNaDAdT “dasWNGAON “aasLOLIO 210 TIMBER IMPORTS AND EXPORTS IN 1915 a rise in price of £6°7 to £84 per load. With the essentials for war operations becoming more and more difficult to supply we still continued to import ma- hogany, veneers and other unnecessary materials of this nature! It would be ludicrous were it not so disastrous. © Lastly in Group VI. (Wood Pulp) the importsin 1915 were a little less than in I913 (2,167,032.as compared with 2,296,835 loads), whilst the price rose slightly (£5,979,486 compared with {£5,283,716). The table on pp. 206-9 shows the amounts of forestry materials imported and their values month by month for the years under review. Under Group I. it is observable that the amounts imported month by month during I915 were only about one-third to a half of those imported in 1913. As regards prices the rise between January 1915 and December 1915 was {I'I per load (12,956 loads @ £101,739 to 20,709 loads @ £185,609). In Group II. (Pitwood) the increase between January and Decem- ber I915 was greater. In January 117,755 loads cost £188,046, whereas in December 140,192 loads cost us £461,632, an increase of from {£1°6 to £3'2 per load. In Group III. (Sawn and Planed) there was also a rise, the price going from £3°5 per load in January to £5 in December (167,625 loads @ £669,466 to 265,287 @ £1,340,931 in December). In Group IV. (Miscellaneous) staves fell from {9'4 per load in January to £5’9 in December; whilst mahogany, other foreign hard- woods, and veneers rose from {£6°3 per ton to {86 per ton (11,280 tons @ {£71,963 to 16,221 tons @ £140,085 in December). The imports of wood manu- EXPORTS OF TIMBER rss: factures (Group V.) rose from £107,767 in haus to £239,512 in December. This group includes furniture and cabinet ware, house frames and fittings, chip boxes, woodware and wood turnery. The import of some of these articles has been now prohibited, a step which might preferably have been undertaken a year ago. Lastly, Group VI. (Wood Pulp, etc.) exhibits a rise in price of from £5’9 per ton to £6'8 per ton in December, the amounts imported showing an increase (62,583 tons @ £373,989 as compared with 92,603 tons @ £636,610 in December). Our exports of timber, etc., materials during the past year exhibit decreases as compared with 1913. They consisted of wood and timber (rough hewn, sawn, planed) and wood manufactures, including furni- ture. In the first group there is a drop on the year from 47,363 loads @ £340,745 in 1913 to 28,260 loads @ £198,322 for 1915. In Group II. the price realised for wood manufactures fell from {2,041,640 in 1913 to £1,041,755, a decrease of exactly a million pounds sterling. These figures can only be accepted on the supposition that the export of this class of materials is now almost confined to Government war necessities, the export of all others having been stopped owing to want of tonnage. If this explanation is incorrect it would appear that Government timber exports, sleepers, posts for wire entanglements, etc., are not shown in the Board of Trade Returns. That enormous quanti- ties of these materials are being used in the war areas we know. We are also aware that we are intimately concerned in their supply—probably to a greater extent now than during 1915. Sir‘tor\| — \| SrZ‘cér\| — \| Z90'ZZ\| — \| Lo€'box oor‘ed\| — \| Cre‘esr _ x * (ammproimy Sut -pnyout) SeInpouMNUBA POOM “IT OS6'Sr \| g&c'c \| Lgz‘SE \| bgo‘b \| bob'Z1 \| C6%'s \| L6Z‘gz \| gzG‘E \| SESSx gSz'z \| bLe‘gz zgz'é \| ° . "938 ‘saris Rape 70 ‘ames ‘umoq “‘ysnoy—rqury pue poom ‘I ‘anol “AVAL “Tludy ¥10‘06 — \|96g‘Zor\| — \| rv€'SZ\| — \| obZ'orr \| gtS‘6Z\| — \| ggh‘6gr — : * (amnpremy Sar a \| -pnyoat) sainjoujnueA poom “tr % tzg‘gr \| ggz‘h \| ggg‘Sz \| Go€‘E \| cxb‘or \| rZo‘r \| gzr‘gz \| zgg‘E \| 6E‘Z1 gré‘z \| Lez‘gz goo'r ‘230 lcisese f iedew* umes ‘uaoy ‘y3noy—Hqury pue poom ‘I . . . . . * . a ur “speol Sr6r €161 $161 “€r61 "S16 €x6r TOT OGISsUl HOUVIN AuvoUgaT ‘Auvonv[ ‘SLUOd XH 213 vz g'16\| — \| zIg’€gt} — \| 902°46{ — \| gfS'6Zr} — \| bor'ZZ\| — \| S¥E‘zoz — Bs 3 (ampzamy 3m “PHPPUL) SoIMyoeynueW_ POOM “IT 19S‘ow \| zgf‘z \| c6Z‘Ez \| IvE‘E \| O1Z‘6r \| glee \| czbbz \| go‘ \| ggo‘Sr \| Szg‘r \| o6z'rE \| ozs \| ° : "948 ‘soaRqzS ‘yds 30 ‘umes ‘umoq ‘"snoy—Pqury, pue poor, “I ataNIAC aaaNAAON aagOLNO 6L5‘t0r} — \| o€6'SZt\| — \| €06°66\| — \| #Er‘g99t\| — bo9‘gZ grg‘eZr — ; : (ammzramy Sar -PHPUT) sompoeynuepL POOM “IT 6r1¥‘gr \| Ero'z \| Llo‘r€ \| 6gE‘¥ \| HExr‘6r \|1So'gz \| CHS‘z v60'F \| SgZ‘zx \| 696‘r \| gorz€ levy \|: : "939 ‘saanzg ‘yids 30 ‘umes ‘umog ‘qsnoy—wquyy, pue poom f AAaNALAAS ‘Isa0ny “Atal a = - ~ x Ps. oe nw Pe ie oe aS a ate ee ER Le PET 214 TIMBER IMPORTS AND EXPORTS IN 1915 The table on pp. 212-13 shows the amounts of these materials exported month by month during 1913 and I915 with the prices realised. In Group I. (Timber, hewn, sawn, etc.), 2,348 loads valued at £17,394 were exported in January as com- pared with 2,362 loads valued at £20,561, the price rising from £7°4 per load to £8°7. In Group II. (Wood Manufactures) values only are shown in the Board of Trade Returns, the amounts realised for January and December 1915 respectively being £79,538 and {91,824 —a slight increase only. PART IV THE EMPLOYMENT OF WOMEN IN FORESTRY XV WOMEN AND FORESTRY! I AM very grateful to the Edinburgh Franchise Club for affording me an opportunity of placing before them some aspects of the forestry question in the country and the directions in which, as I think, women can give us very considerable assistance. Some of you may be aware that there exists, amongst other economic problems in this country, a forestry one. This pro- blem is, or has proved in the past, somewhat com- plicated since it has seemed to contend with or threaten other vested interests. It will also necessitate the expenditure of a certain sum of money. And in what- ever form this money may be subsequently laid out it has first to be secured. A treasury is always a difficult place to delve for gold in, and a Government Treasury often the most unproductive of all. I do not propose to trouble you with the history of the afforestation question in this country. Whatever 1 A lecture delivered before the Edinburgh Franchise Club on February 2, 1916, 16 215 216 WOMEN AND FORESTRY it was it is in the past, for one thing and for another the Great War is bringing about so great a change in our economic problems that in most cases the point of view from which they were approached before the outbreak has entirely altered. To some extent this is true of the afforestation question. And I for one believe that it is of the first importance that the women of the country should now make it their business to learn the nature of the forestry problem, to grasp the directions in which it can be made to help in the economic life of the nation, and then to use the whole strength of their influence to see that the desired ends are attained. Women can help in forestry in more ways than by actually performing the work of foresters or forest labourers. Forestry is now becoming a vital question to us. It had a very considerable importance before the war in view of the fact that we import a very large amount of timber and other forest products. It may surprise you to learn that £42,000,000 sterling worth were imported in 1913. And large industries depend on this amount of materials coming into the country. We could grow ourselves a considerable proportion of this material on what is at present virtually un- productive ground, that is, land bringing in as little as 2s. to 2d. per acre or less. As I have indicated, the matter was important before the war. As a result of the Great War it has become a vital necessity that this forestry business should be understood by the public at large and that it should receive at the hands of the Government the attention it demands in the interest of the nation. Women can aid in this work. ee “NOT A FORESTRY NATION” a7 We are not a forestry nation. For instance, how many of us have ever given a thought to where the common wooden articles of the household come from ? It would probably be a puzzle for many housewives to say where the bundle of firewood, the ordinary kindling, comes from; how it is grown; or how it gets into the form they commonly know it by! And if difficulty is experienced in furnishing a solution to this simple conundrum, the more difficult ones in connection with our timber imports, on which this enormous sum of £42,000,000 annually leaves the country, may well be looked upon as insoluble by the average woman Or man. Now though we are not a forestry nation in that we do not grow the materials we require, before the war we imported about half the total forestry imports of the world and the British timber markets ruled those of the world. All imports, mind you! What we grow in these islands was a negligible factor on the market in pre-war days. And yet we have ‘millions of acres of waste land—land which if planted would maintain a very considerable population on the soil, a population which previous to the war was, as we all know, emigrat- ing in hundreds and thousands. 3 I may be told that woods, the maintenance of woods managed commercially, do not employ as much labour as agriculture. Granted. They do not in the actual working. But there is no idea of planting up agricul- tural lands. The millions of afforestable land in this country are worthless from an agricultural point of wiew, and no outlay of capital could make them a paying concern agriculturally. 218 - WOMEN AND FORESTRY But a considerable part of them can be made a paying proposition from a commercial forestry point of view, and it is now an urgent duty on the part of the Government to tackle this matter in a broad statesman- like manner. In the interests of the nation and of our children we want these millions of acres placed under trees, in as short a space of time as possible. It will be a sound investment and the nation will no longer be at the mercy of the foreigner, as is the case atpresent. And then remember that once you have a large area of woods in a country, factories dependent on these woods, pulp mills, furniture factories, saw mills, etc., appear and provide labour for a considerable popula- tion, and labour which lies away from the large cities ; since these mills and factories are erected as con- veniently close to the forests as possible. The agri- cultural population is also favourably affected by the presence of considerable areas of woods in their neigh- bourhood, for they can find employment in the woods in the winter, when most of the forest work is done, to supplement their farm wages at the other periods of the year. Further, they can occupy the long winter evenings in making toys. In all the continental forestry countries, in Germany and Russia for ex- ample, this toy-making industry is a considerable source of profit and provides welcome additional money to the field labourer, Our position in this toy-making industry has been brought sharply to the notice of us all in these days of stress, The import industry of cheap toys made in Germany and elsewhere abroad was brought to an abrupt end by the war, and the grotesque exhibitions of our capacity in this direction TOYS 219 were in evidence last winter. We shall of course im- prove on this, have already improved on it. But so far as the toys requiring wood are concerned, and their number is legion, we have not got the wood in the country and you cannot expect to get the cheap toys made in afforested countries if you have first to import your wood to make thém and pay the cost of importa~- tion. We all know how extraordinarily critical the child is in all that pertains, I was going to say, to its welfare, but I will limit myself to one branch of its life only, its amusements. Very early in life the child com- mences to form its own opinions on this subject and any departures from what in its own mind it considers to be the normal state of affairs are met by criticism which we have all probably at one time or another found it extremely difficult to explainaway. Many of us must, I think, have had some uncomfortable moments to face over this matter of the children’s toys since the outbreak of war. It was but one of the numerous directions in which we depended entirely on the foreigner to provide our requirements. And more especially was this the case with the enormous depart- ment of the cheaper toys which after all are all that the greater number of children of this country have any acquaintance with. It is difficult to picture the amount of sorrow, small sufferings if you will; but looming very large in the childish ‘mind, which must have been experienced by the childhood of the nation since the well-known, eagerly welcomed, and, for their price, exquisitely made foreign toys failed us with the outbreak of war. Women naturally, ever in the fore- 220 WOMEN AND FORESTRY front where the child’s welfare and happiness are con- cerned, came to the rescue at a very early stage, and extraordinarily good work in this, for us an entirely new industry, has been accomplished. Butin all cases where wood has been required for the purpose in view, good work was an impossibility. For one thing good seasoned material is a necessity. Such material as was available in the country was quickly absorbed for the important military and naval requirements. We have only an odd 3,000,000 acres of woods in this country, mostly kept up for sporting or ornamental purposes. What these can give has been required for national uses, pitwood for the mines, to mention a necessary article known to us all; since without it the supply of our household coal would fail us. And “we all know how the price of this commodity has jumped up with the enhanced price of this pitwood and for other reasons. To give you one instance of a toy which is dependent ‘on wood. Take the ordinary box of bricks. I tried personally last year on more than one occasion, and others tried for me, both in Edinburgh and London, to buy a box of bricks, the ordinary wooden bricks so dear to the heart of the child ; and with which, by the way, it may be kept happily and peacefully quiet on the floor whilst one sits equally peacefully in an easy chair absorbed in paper or book. The old box of - wooden bricks, beautifully made of seasoned wood, was not to be had for love or money. The one actually secured was, from the child’s point of view, very short weight. The bricks won’t stand up, they won’t sit down, not flat that is, and one has grown tired of trying LAND AVAILABLE 221 to apologise for them. A volume in favour of afforesta- tion could be written out of the criticisms of a child on this ill-made box of bricks alone. But you will ask, What has that to do with Women and Afforestation? It is admittedly a very small link in the chain, but still it is a link. From it we realise, the women of this country can be shown how to realise, how entirely dependent upon forestry im- ports of all kinds, even down to the child’s WEES toy, we were at the outbreak of the war. And we, and this is the point, we have in Great Britain and Ireland some 16,500,000 acres of mountain and heath land much of it suitable for afforestation ; in other words suitable to grow the wood from which our box of bricks could be properly made; and in- cidentally pitwood, wood pulp and other much needed materials. To take what may really I think be con- sidered a minimum—there are 5,000,000 acres of land in this country which could be more profitably used for growing crops of trees than for any other purpose. How does this affect the women, the bulk of the women in this country? It affects them in this way, and this is my first point. The air at the present time is full of the thrift crusade. We are told to economise, to save, to refuse to buy or consume imports of all kinds, to do this and that. This is more or less a personal matter, a crusade in the home. It is of the first importance and we are doing our best. But as I see it there is another crusade of equal importance. And this crusade has to do with the conservation of the national resources, with a full utilisation of these national resources. 222 WOMEN AND FORESTRY _ We have in’this country this large area of land lying unutilised. This is not thrift. Government Com- mittees and Royal Commissions have sat upon this afforestation question during the last twenty-five years and nothing has come of their sittings. Urgent as the question was before the war, it is doubly urgent now. It will be a national crime if we allow these millions of acres which could grow fine woods and employ a considerable population to lie derelict any longer. What can women do? It is said, I with my Indian experience fully believe it, that India isruled from behind the purda. In other words, that though Indian women for the most part are not seen in the streets, have in fact no personal contact with the outer world, yet they assuredly rule that world through the men in spite of the purda. Well, I believe that true as this is for that great land of mystery, India, it is equally true with the Western nations. We men do not seem to have been able to get Government to do much in this forestry question. We hope to do so now with the powerful help of the Development Commission. But if we enlist the women of the country on our side and if they will really work for this useful cause in the interests of national economy, in the interest of their children and grandchildren, we may feel even more confident of success. I now turn to the importance of the afforestation question from the point of view of the labour it will employ. Here I hold strong opinions on the value of employing women in a no inconsiderable portion of the work EMPLOYMENT OF WOMEN 223 connected with the woods, both in the superior grades and the inferior or labouring classes. Before the war I should have now proceeded to deal with this aspect. As an outcome of the war, however, I have first a suggestion to make to the woman and a plea to make to her unselfishness. She will, I trust, help us to get women to take up forestry work as a work in which they can find useful and congenial employment and help us to disabuse the minds of many of the sex of their dislike to occupations connected with the soil and to show them what possibilities lie open to them in forestry work. But before dealing with this question I would ask the women to remember another reason for giving their aid to this afforestation matter. If the question is taken up in the near future as it should be, and on the scale it should be, it will afford, in some of its easier work, employment to hundreds of partially disabled soldiers and sailors who, having fought their country’s battles and been maimed in doing so, can never hope to resume those occupations which they were fitted for before they went to the front. If women will, as I hope, take up the afforesta- tion crusade I have no doubts as to the place they will give these incapacitated men in their pro- gramme. I will now turn to the employment of women—I hope I have not unduly exercised your patience in getting there—and to the openings which exist for women in forestry work. It will be best perhaps to consider first the possi- bilities in front of the labouring classes. The employ- ment of women in this direction is no new idea in 224 WOMEN AND FORESTRY Scotland. A decade or so ago women were employed in some of the Scottish nurseries, but they gradually fell out and gave up the work. Since the war com- tmenced they have taken up the work again. During the season of 1914-15 complaints were made by the nurserymen that the attendances were very irregular. But in one instance at least-the women were exonerated. The weather was bitterly cold and wet and the nursery was several miles—three to four—from the town in which they lived. If women are to be employed in forestry work it will of course be necessary that they should be suitably housed in the vicinity of the nursery or woods, and further—an important point in my estimation—that the hours should be so arranged that they can get home to have good meals and to perform that household work which is of such enormous im- portance in the welfare of the home and in the up- bringing of the children. It is, I think, more than probable that the question of the employment of women in occupations connected with the soil has never been approached from the proper standpoint in this country. Conditions different from those suitable for men will have to be introduced if success is to be assured, and a question of the very first im- portance is, and I am sure every woman will agree, that both in housing accommodation and in the hours allowed for meals and household duties, their necessities should be studied. This is one direction in which women can greatly assist, for unless it receives adequate recognition it is difficult to perceive how much progress can be made in this question of the employment of women and girls in forestry operations. WORK IN THE NURSERY 225 _As regards the work itself. It may be considered under two heads: (a2) Workin the nursery, and (6) Work in the woods. (a) Work in the Nursery.—In this country as in many parts of the Continent the young plants required for the formation of new woods are raised in an area of ground termed a nursery. The commercial nursery- man will be known to you al]. Many of.these large nurserymen raise as part of their stock-in-trade young trees for sale. Some confine themselves almost entirely to this work. The larger landed proprietors of this country who maintain a part of their estates under woods usually possess a private nursery of their own in which they raise the young trees required for their operations. On the Continent numerous large com- mercial nurseries exist, and owing to the fact that they largely employ women and girls for their work, and that labour is usually cheaper than with us, they are able to undersell us in our home markets, or they were able to do so up to the outbreak of war. Whether the Continental plants are as good as those grown in our home nurseries or whether plants grown on the Continent and subsequently planted out in this country produce as good trees or as good timber are points upon which many experts have grave doubts. Any- way, the war has changed our outlook in many direc- tions, and in the future we should learn to produce all we require in this respect in home nurseries and not spend money abroad which could be earned by our own people. You will ask what is the nature of the work to be performed in a nursery maintained for the raising of 226 WOMEN AND FORESTRY young trees and in what respects it is suitable for women. The description of the work required will, I venture to think, provide the answer to the question of its entire suitability to women. In fact, in many ways women will be able to do some of it better than men and with more care than boys. We will consider briefly the rearing of the young tree from the seed until it is planted out to form the plantation. \| The area of the nursery is divided up into division which consist of seed beds and areas or breaks in which the older plants are placed until they have reached the age at which they are to be removed into the woods. These areas are managed on a rotation, one or more in their turn lying fallow for a year, or more usually having a crop such as potatoes taken off them at this period. In any year an inspection of such a nursery in the summer will show a certain number of seed beds in which the young seedling trees are being raised. The breaks will contain three- or four- year-old trees. In the winter and early spring when the heaviest nursery work is in progress certain areas will require to be deep trenched. This work is not . beyond the powers of a robust woman, but for our purpose here we may leave aside the question as to whether it should be done by the man er woman. _ During suitable weather in winter the breaks con- taining the four-year-old plants, as also some of the three-year-old plants, will provide a good deal of work. The plants are dug up, sorted out in sizes and done up into bundles and packed for transport to the spots at which they are to be planted out. In a commercial SEED BEDS 227 nursery this packing requires to be done with con- siderable care as the parcels of plants may have to travel long distances to their new destination. The sizing of the plants in itself takes time and requires some care, work which women could be depended upon to do and do well. The smaller plants will probably be placed to one side to be put back into a break to spend another year in the nursery All weakly ones and diseased plants will be collected into heaps and burnt. Their elimination is desirable on all counts. We have now to consider the preparation of the seed beds. The areas required for sowing the seed are far smaller than the areas termed breaks. The seed bed is usually 3 feet 6 inches to 4 feet wide raised above the ground surface and has on either side a narrow alley which permits of the bed being weeded later on. The soil of the seed bed has to be carefully and finely pre- pared, a work which women could be easily trained to perform. The seed is sown uniformly over the surface or in drills, rolled in and a covering of earth spread over it, the thickness varying with the size of the seed. A light roller is then drawn over the bed and this part of the process is finished. But not so the attention required on the beds. Almost from the time of sowing the seed and throughout the summer the beds require constant weeding. Boys have usually been employed in the past, boys whose fingers are often all thumbs. For such work women or girls with their deft fingers are eminently more desirable. They would not only do the work better, but would bring to it a greater patience. For it is so easy to pull up the small tree seedling instead of the weed. And the careful weeding 228 WOMEN AND FORESTRY of the seed bed is one of the most important factors to the success of the seedlings. The seedlings remain in the seed bed for two years, so that there are two years’ weeding to be done in them, and in any big nursery there may be many yards of beds, some in their second year and othersin their first. Before the seed is sown, usually early in May in this part of Scotland, the work of transplanting the seedlings which are two years old will have been finished. This work is undertaken during the late winter whenever open weather favours its performance. The young plants are carefully dug up with a fork and sized, usually two sizes are sufficient, all weakly and diseased plants being burnt as useless. They are then “ lined out,’’ as it is termed, in the breaks ; that is, placed in rows, the larger and stronger plants separately from the smaller ones. This involves a good deal of labour when your plants are numbered by the thousand, for it will be evident that a few yards of seed bed will produce several thousand plants. The lining out involves digging a trench with a vertical wall on one side, the placing of the young plants against this wall with their roots hanging down freely (the trench must be of the requisite depth to permit of this), filling up the trench and treading down the earth firmly so as to prevent all chance of the young plants shaking or wobbling after being subject for a few hours to a strong wind. Row upon row of these young two-year- old plants have to be lined out in this manner, and in a large nursery this work involves a good deal of labour. But it is work which is well within the capacity of women, and I believe they will do it better than the average boy or young man. The young trees, trans- [gzz ‘MOHLAY Ad SOLOHQ ‘VIOI HOUVIT ‘SINVIdSNVU], LAO ONINI'TT YOA ACVAY VAUY NV AUAAOC ONINAOLT SINAGNALS AUYLSHAOY ALISHAAINS) HDUNANIAGY ‘FIOI HOUV ‘ANASMAN TIAMAAV] ‘HOUVT GIO-AVAA-OM], LAG ONINIT ‘bIOI HOUVIN ‘P1IOIl HOUVI ‘HOUVT ONNOX AO ANVUNG ‘HOUV]T DNOOXK : AMASHAN TIAMAAV’T : WUIHSHINAd ‘ATINNAC ‘AYASUAN TIAMAAV’T ” oe . : . . tn, Wee, Pee” Name ie WORK IN THE WOODS. 229 plants they are called, remain in the break for one or two years according to whether they are planted out to form woods as three- or four-year-old plants. The breaks will require hoeing between the lines during the summer to remove weeds and let in air into the soil. I have given above briefly the main outlines of nursery work. There are numerous other jobs, as must be the case in work of this kind, which can be adequately undertaken by women. In fact, in my opinion the main portion of the staff of a nursery would better consist of women and girls than of men and boys. They will require training, but so do the men and the boys. This year will perforce see many women employed in nurseries, and whether they take \| a liking to the work, for an aptitude they surely possess, will depend upon whether due recognition is paid to their comfort and necessities, which must be different from those of men and boys. . (6) Work in the Woods.—At first sight it may appear that there is little place for women’s work out in the woods. If we confine ourselves to the popular idea of the work of a forester, that he must be always cutting down trees—few seem to realise in this country that the trees have first to be planted, and that is probably the reason we have so many million treeless acres—if, I say, we only consider the one aspect of forestry, that of felling trees, it may be conceded that the women would not be as much in their element here. But there is not in my mind, or in the minds of any of us I trust, the idea of eliminating the mere man alto- gether, either from the woods or any other walk in life. Out in the woods, anyway, he will have to 230 _ WOMEN AND FORESTRY remain : for admittedly there, there exists certain work, felling, fencing, draining, and so on, which requires a muscular physique and great stamina. But there is plenty of other work in the beautiful woods which women can undertake. Those of you who have any acquaintance with the forests of Germany, France, or other Continental nations must often have met women at work in the woods. I doubt however whether you have often done so in this country, save perhaps collecting a bundle of dead sticks or picking black- berries. But there is plenty of work for the women. To start with we will follow our young four-year-old plant to its new destination. It arrives at the area on which it is to be planted. If the work is properly done it will be planted in a hole made with a spade of some shape or other. The work of preparing the holes is usually the work of a man, because the soil on which plantations are usually made is often heavy, may be stony, and may have masses of roots init. This is heavy labour requiring, for a long day’s work, the digging of a thousand holes we will say, a man’s stamina and strength. But the planting of the plants in the holes, the filling in the thousand holes made by the man, can be as well done by the woman or girl. It is not heavy work, but according as to how it is done will depend the after success or otherwise of the planta- tion. This is one job then that women can assist in outinthewoods. Thesowing of acorns in patches and lines direct in the woods can also be done by women. We will still remain with our newly planted tree. During the first year or two of its life it will have to DISEASED TREES 23% struggle with a tangle of weeds of varying density. It will require help, and the giving of this help by freeing it once or twice during the’ growing season can equally well be done by the woman. Broom, whins, grass, young birch, bracken, etc., may all require removal in favour of the young trees on the area. A plantation of several hundred acres will provide a good deal of work. Again, disease may attack the young plants in early life. Plantations require careful inspection in this respect and the cutting out of all diseased plants, which should be burnt. Also from one cause or another some individuals in a newly formed plantation may die out in the first year or two of their life. All blanks occurring in this fashion require filling in with fresh live plants, work a woman can easily perform. Young plantations of conifers are apt to be attacked by insects. A weevil is es- pecially bad in parts of this country. It breeds in all felling areas and from here the mature beetle spreads into newly planted areas of young trees and infests and kills them. A variety of traps are made use of to get rid of this pest. In Germany this work is usually in the hands of women and girls. The larch sawfly is another pest which women could attend to success- fully. Birds, black game, animals,e.g. deer, also commit injury in. plantations. Preventive measures are in force to combat them which women could attend to as well as men. Barking felled trees can be done by women. In fact it may be said at once that the ém- ployment of women in the woods would enable a good deal of work to be attended to which in the past has perforce, owing to a paucity of establishment, been 17 232 WOMEN AND FORESTRY left undone or done ill, to the detriment of the woods themselves. _ I now come to the last part of my subject, one which in some respects is one of the most interesting, the training of women in the higher branches of forestry, the training of women as foresters. I have already dealt with this subject at some length in a paper in the Englishwoman for December last,’ so may confine myself to briefly stating the chief aspects of the case as they appear to me. The life of a forester is pre-eminently an open-air one. A good executive officer will spend the greater part of each month out of doors in the woods. This of itself makes the profession a fascinating one for those who prefer the open air to the desk. But at the same time it renders the possession of a good physique, good health, and active habits indispensable. Girls, the modern girl at any rate, may be considered to possess these attributes to much the same extent as young men. In addition, the would-be scientifically trained forester requires to possess a love for nature as it exists in the woods combined with powers of close observation. These latter the education of the forester endeavours to stimulate and bring into full play. How is the executive forester, that is the man who has charge of areas of woods, trained ? The education of such has been brought to a considerable state of development during the last few years, thanks to the liberal manner in which the Development Commis- sioners have aided in this matter. Here in Edinburgh a ere of B.Sc. in Forestry is conferred, whilst Oxford 4 Vide Article XVII. ACADEMIC QUALIFICATIONS 233 and Cambridge and other centres grant a diploma in the subject. It may be regarded as tolerably certain that in the future the possession of a degree or diploma in forestry will be looked upon as an essential qualification for any young woman or man aspiring to obtain an executive post in the management of woods in this country. The candidate would not of course aspire to obtain charge of an area of woods the moment the de- gree had been obtained. He or she would have to serve a probationership as assistant in such a charge, as is the case with any youngster entering one of the State forest services existing in afforested countries in Europe and elsewhere. But the possessor of a degree would aspire to take rank in the superior grades and not commence in the subordinate ones. The curri- culum for a degree is an eminently practical one. In Edinburgh it includes courses in Botany, Zoology, Chemistry, and Natural Philosophy; and advanced courses in Forest Botany, Mycology, Forest Zoology, Forest Engineering and Surveying, Forest Chemistry and Geology, with Forestry Elementary and Advanced. Three years’ work are required to obtain the Edinburgh degree. The purely forestry portion of the curriculum involves two years’ work (the second and third years of the course) including practical courses of from six to seven months altogether. The practical courses are designed to give as thorough a training as time permits in the manual part of forest work, both in the nursery and in the woods. This work we have already briefly considered. The student is made to do with his own hands all these manual operations on the principle that a man cannot be fit to give orders unless 234 WOMEN AND FORESTRY he knows how the work should be actually performed. In Scotland we have magnificent nurseries and areas of woods available for this purpose, whose proprietors give us a cordial welcome and permission to make full use of them. In England the Forest of Dean now forms a fine Demonstration Area. The advanced prac- tical courses teach the student how to survey areas of woods, measure up the cubic contents, how to carry out thinning operations, and finally how to prepare scientific plans for their management. Nor is the pro- tection of the woods from the various dangers—insect and fungus and so on—forgotten. The only portion of these practical courses that is likely to overtax the woman is heavy trenching work with the spade (though I know of instances where she can put many men on their mettle in this direction), and the use of the heavy axe and saw in felling trees. But though it is important that the ex- ecutive forester of the future should know how these operations are performed she will not herself have to actually do this work. Hers will be the brain which will control and direct the operations to be carried out in the woods. Therefore it should be possible for the woman, by using lighter forms of these tools, to make herself sufficiently acquainted for all practical purposes with the correct methods of using the spade, saw, or axe during her practical courses. Lastly as to the work of the forester. The above sketches will, I trust, have afforded some knowledge of his operations. But the life is a very diverse one. The forester is always at school, for the better he is acquainted with the varied life of the woods, veget- Weipa <a :<0 1 vena hon ek a) en ae THE FORESTER’S LIFE 235 able and animal, the greater knowledge he possesses on the habits of his trees and the localities in which they grow, the better forester he will prove and the better the results he will show. He has opportuni- ties, perhaps better than fall to the lot of most, for carrying out research work in one of several distinct branches. He may be interested in or develop a love for botany or mycology, entomology or forest en- gineering, with which is associated that important branch connected with the extraction of the materials from the woods in the cheapest manner. There is room for much work in this direction in this country. He may be of a mathematical turn of mind and carry out studies into the methods of calculating the yield which different soils and species can produce; or forest economics and the utilisation of the various products of the forest may claim his interest; or finally the law of the forest, its connection with the civil and criminal laws of the country, and the numer- ous loopholes it affords the forest offender of escaping from all penalties, may provide a fascinating and intricate study during hissparehours. All these forms of forest research exist. All are within the powers of women to assimilate. And, so far as the forests and woods of our great Empire are known to me, all of them offer opportunities to the young scientifically trained forester to make a name for her or himself. © XVI THE EMPLOYMENT OF WOMEN IN FORESTRY! THE MANUAL PART OF FOREST WORK THERE are few industries in which conservatism is so strong as those connected with the soil. The con- servative nature and strong prejudices of the farmer, and the grave suspicion with which he regards the employment of new methods, have become a byword. What is, perhaps, not so well known is the attitude of the forester with respect to innovations. We foresters are, in many respects, very much, if not quite, as conservative as the farmer. As a general rule, the forester looks with suspicion at new methods of sowing seed in the nursery, of lining out young transplants, planting out the young trees to form woods, and so on. There is, of course, a good deal to be said in his favour. If he has won success in the past by employing his own or certain well-recognised methods, why imperil such success in the future, even if the prospect is held out of greater returns—returns which he himself cannot hope to live to see? For the forester’s life and work are 1 This and the succeeding article appeared in the Englishwoman for June and December 1915. They deal with the subordinate or manual and executive or supervising branches of forest work. I have deemed it best to leave them in their original form, although this involves some slight repetition of the preceding article. 236 A SLOW PROCESS 237 apart and distinct from most industries. He has no prospect, as a general rule, of reaping the fruit of his labours. He raises his young trees in the nursery, plants them out, and watches the first stages in the life of the resultant wood. Since the life or rotation of this wood may be anything from sixty to over a hundred years, this is the utmost he can hope to do. Succeeding generations will glean in the harvest, and praise or vilify his memory according as that harvest is good or bad. Now, this conservatism of the forester is good in some ways and bad in others. To a great extent it keeps him from the temptation to gamble by planting on a large scale exotics of all kinds whose success in their new environment is very problematical. It also prevents him from experimenting, to any dangerous degree, with systems of forest management with which he is ill-acquainted, and which, therefore, in his hands would be foredoomed to failure. The converse of this, however, is equally true, and systems of management quite applicable to one set of conditions are kept on when these conditions have completely changed, either by differences in markets, introduction of conifers for broad-leaved trees or vice versa, increase in wages and reduction of available amount of labour, and so on. \| A direction in which the conservatism of the British forester has certainly led to an increasing and, perhaps, unnecessary expense in forestry operations—and this is the point which it is proposed to deal with in this article—is to be found in the nature of the labour he employs. There is a certain amount of work con- nected with forestry at present performed by men and 238 EMPLOYMENT OF WOMEN IN FORESTRY youths which could be equally well carried out by women and girls—in fact, some branches which could not improbably be done better by these latter. The employment of women, in forestry operations at any rate, is not the usual practice in Britain ; in fact, it is exceptional. On the Continent, on the other hand, it is quite common. In Germany, for instance, a fair proportion of forestry work is carried out by women, and very excellently it is done and at a greatly reduced cost. In the large commercial nurseries abroad, female labour is made use of to a large extent, with the result that the wage-bill is kept down, and the plants raised can, and do, undersell in our markets those grown in this country. Doubtless, nurserymen with us would be willing to follow their Continental brethren in this respect could they obtain trained women and girls. In some cases this has been done in the past, and the war, with its resultant scarcity of ‘male labour, has forced some to try again. In answer to inquiries instituted, the manager of a large Scottish commercial nursery writes (in 1915) on this matter as follows: “‘ Up to ten years ago we employed women and girls very largely for weeding and lining out. Since trawl- fishing became such a big industry up here it has been quite impossible to secure women for light nursery work, and we have had to rely more or less on lads from fifteen to eighteen years of age. This spring any amount of female labour is available, but so far we have found it not altogether satisfactory, owing to the want of regular attendance on the part of the women.” The reasons given for the want of regularity in attendance were the prevalence of bitterly cold, wet RESULT OF ONE ATTEMPT 239 weather, and the distance—three to four miles—of the nursery from the town where the women lived, there being no housing accommodation in the vicinity. The women were paid 12s. per week, free insurance, with car fare home—~.e. practically 13s. per week for a week of fifty-six hours. Extra time on Saturday was paid for at 3d. perhour. The manager stated, as his belief, that had the weather been more genial last spring the women would have proved more regular in attendance. He stated that he would be able to employ twenty to thirty women from April to October this year (1915), and had no doubt that he would be able to train a good women staff lateron. The few women who lived near the nursery and could get home to their meals proved most willing, active, and satisfactory workers. The above report would appear to place this matter in a nutshell. Generally speaking, throughout the country it has never been approached in a spirit that would spell success. If women are to be employed satisfactorily they must be housed in the vicinity of their work, so that they can, as a rule, get home and have proper meals, and probably attend to domestic duties as well. They will, not unnaturally, require slightly different treatment to men; but their cheaper wages should make it well worth while to attend to such requirements. But employment in the nursery is by no means the only direction in which women can be used in forestry operations. A most crying need is to cheapen the cost of the lighter work out in the woods as well as in the nursery. For with cheaper rates the former class of work will be more efficiently done than is the case 240 EMPLOYMENT OF WOMEN IN FORESTRY very often at present, because it will be possible to devote more time (7.¢. labour) to it. It is at least open to doubt whether in normal times, labour (7.e. the class of labour required) for carrying out the large planting schemes which should be put in force would be available if we adhere to the con- servative practices of the past, and rule out of con- sideration the employment of women and girls in forestry operations. It has been stated that in some of these latter, women could do as well, if not better, than men. To make this contention clear it will be necessary to glance briefly at the various operations connected with forestry work in this country in which women could be employed. Our plantations are for the most part what is termed artificially formed— i.e. the young plants are raised in a nursery, and planted out when old enough, usually three to four years, on the area on which the wood is to be formed. According to the distance apart at which the young plants are spaced, which varies with the species, eleva- tion, etc., from 1,750 to 3,500 plants will be required to the acre. It is quite easy to reckon, therefore, that if planting operations on any large scale are to be undertaken by artificial means, millions of plants of the requisite age will be required, and will have to be raised in nurseries. Two distinct forestry operations are dealt with above—the raising of plants in the nursery, and their planting out to form woods. During the early life of the young plantations a certain amount of supervision work is necessary. A heavy growth of weeds may threaten the young plants with suppression and death during the first two or three years. The eee ee i er re THE FOREST NURSERY 241 young trees may require protection against pests, such as insects, birds, deer, and so on; they require to be carefully inspected for disease, such as the common larch canker. All this class of protective work comes under the category of ‘‘ light’ work. The above instances of the lighter parts of forestry operations will serve to show that in certain directions there is work which could be easily performed by women; work in fact, which they could do at least equally as well as men, and on which it appears rather a waste of labour to employ the latter. We will glance at the operations I have sketched above in greater detail. The Forest Nursery.—In the nursery there is a certain amount of heavy work connected with trench- ing the ground, and so on, which requires to be done by men. This, however, only occurs at one season of the year, and forms but a fraction of the work carried on in the nursery. Once the heavy trenching is done, the upper layer of soil requires to be broken up and reduced to a fine consistency—light work which can be done by women. In the spring, seed-beds are pre- pared and seed sown. Seedlings, one or two-year-old, are lifted out of past years’ seed-beds and transplanted, or lined out, in breaks. The trenching of these latter areas will have been previously done by men, but the work of lining out the seedlings at so many to the yard in the line, and with a prescribed distance between ‘the rows, is work that can be done by women. Owing to the fact that the latter are, as a rule, lighter-fingered than men or youths, it is work that can be better and more quickly performed by them. As the wage-bill 242 EMPLOYMENT OF WOMEN IN FORESTRY would be less, we could raise, buy, or sell our plants at cheaper rates per 1,000, and they should have at least equally good roots as those transplanted by men, and in all probability would have better ones. Transplanting and sowing work over, there comes the heavy work involved in weeding. A great part of this work is done by lads, and it would be interesting to know the proportion of seedlings pulled up with the weeds during a season’s work. Admitted that one finds occasionally a clever-fingered youth; but the average in this respect could in nowise compare with the average in the other sex. Moreover, a number of the seedlings of our trees are excessively small when they first germinate and during their first year’s growth. Surely if there is a work at which women and girls should excel, it should be this job—a most important one in a large nursery. There are numberless other operations in the nursery which could be equally well performed by women and girls with at least as good results. Turning now to the woods: it may appear that here at any rate is man’s work, if only for the reason that the manual labour connected with fell- ing, converting and carting of timber, making roads, fencing work, and so on, is heavy. It may be at once admitted that this side of forest work is particularly that of the man. But there is a variety of light work in which there does not appear any adequate reason why women should not find employment. This work varies, both in nature and the season at which it has to be done. For instance, in planting out young trees: the manual work connected with the preparation of WORK SUITABLE TO WOMEN 243 the holes in which the plants are to go, often heavy, in stiff or stony soil, is man’s work, and can be done by a squad of men. But experienced women or girls could plant the trees in the holes thus prepared at least as well as men or lads, and perhaps would be apt to be less careless than the average man. For if the young tree is to grow and thrive, it requires to be put. into its new position with some degree of care. In- attention to these requirements is responsible for at least 50 per cent. of the deaths which occur within the first year of the life of a young planted wood. Then, as has been already mentioned, there is a considerable amount of work in connection with the protection of the new-formed wood. During the first year a dense growth of coarse grass, weeds or bracken, etc., may grow up on the area, especially on the portion immediately surrounding the plant, where the soil has been newly turned over. This will require cutting back during the summer, and the operation may have to be repeated in the following year. Broom, whins, etc., may require like treatment, as also young birch, which come into young woods by means of blown seed, and thrive with amazing per- sistency in this country, and require cutting back. — Again, the young plants may become diseased early in life.. This is particularly the case with young larch, which get cankered. Searching for such diseased trees and cutting them out is light work, and could be easily done by women. Young plantations of conifers are liable to attack by insect pests. One insect, a weevil (Hylobius), is a particularly bad one in many parts of Europe, and in 244 EMPLOYMENT OF WOMEN IN FORESTRY our own country. It infests and kills young conifers in newly formed plantations, especially Scots pine. Traps of various kinds (it is unnecessary to detail them here) are made use of to attract and capture this insect, and these traps require to be set in position, and also to be visited at intervals, in order to collect and kill the insects attracted to them. The larch saw-fly is another pest which can be attacked with success at a certain stage in its life-history. The depredations of birds such as black game, and animals such as deer, etc., can be circumvented by either tarring the terminal shoots or whitewashing the terminal buds of conifers; or, as is done in Germany, by fixing a small metal clip to the terminal shoot which pricks the deer’s nose when bending down to feed on it. All these, and other operations, are carried out by women and girls in Germany and elsewhere on the Continent, and the work is done cheaply. The present would appear to be an excellent oppor- tunity for considering whether a commencement cannot be made in this direction in this country. Forestry is an expensive business with us. To some extent we make it expensive for ourselves, and then are unable to understand why we cannot compete with the foreigner. We preserve our rabbits, which eat off year after year all the young naturally germinated seedlings, get into the plantations and destroy numbers of the young plants planted out at con- siderable expense, or wound them by gnawing the bark, with the result that disease gets in; and finally necessitates the tremendous s,s of netting every acre planted. DISTRIBUTION OF WORK \| 245 Also, we only employ men and youths in forestry work, when there is a large amount of work which could be performed at least equally as well, and some of it perhaps better, by women. We hear a good deal and read a good deal about the registration of women for employment during and after the war. Surely one direction in which women could find employment in this country is in the lighter portion of the work connected with the industries of the soil! And one of these is forestry, a business whose importance to us and our industries in this country will be one of the factors which the war will bring into great prominence.’ Stress has been laid above on the cheaper rates at which work in the nursery and elsewhere could be undertaken by the employment of woman labour. The cheapness, however, is a relative one only. It is not suggested that the woman should necessarily be paid at a cheaper rate than the man for the individual piece of work done. Provided the work were equally well accomplished, the rate paid should be a uniform one to be earned by whoever performs the job. So far as forestty is concerned, the disparity be- tween the sexes is one of physique only. In forestry operations the labour supply is usually a difficulty. Thus, men have to be taken off their heavier, equally important, and more legitimate work in the woods at certain seasons to perform the lighter and cheaper forms of work in the nursery, etc., which the women could do equally well, if not better, in some cases. 1 This was written in April 1915. There can now be little doubt after twenty-two months of the war, of the importance of the forestry industry to this country. 246 EMPLOYMENT OF WOMEN IN FORESTRY This article has been of a purpose confined to a consideration of that part of forestry work performed \| by thelabourer, or woodman, as he is generally classed, \| although, of course, there are degrees or grades of woodmen according to experience, from the young assistant and apprentice upwards. In a succeeding article it may prove of interest to glance at the openings in the higher grades of forestry—in executive and ad- ministrative work, and so on—which it appears possible might be open to, and filled by, women. CHAPTER XVII THE EMPLOYMENT OF WOMEN IN FORESTRY—continued THE EXECUTIVE OR SUPERVISING BRANCH OF FOREST WoORK In the previous article consideration is given to the question of the employment of women and girls in certain branches of the manual part of forestry work in which, so far, men and boys have been solely employed in this country. It was there mentioned that it might prove of advantage to consider the problem of openings for women in the higher branches of forestry—that is, openings in the executive line. That this question of the employment of women in work connected with the soil is already receiving attention will be apparent from an article in Country Life (May 29, 1915), by Miss Haldane, entitled ‘‘ Edu- cating Girls for Country Life.”’ The article in question deals chiefly with the education of girls in dairy work, poultry farming, and gardening. There is an interest- ing allusion to forestry, however. On this subject Miss Haldane writes: “I know a capital young ‘ forestress’ who, after learning gardening, begged to be allowed to attend the forestry lectures with her father; and there are some possibilities here, though, naturally, limitations also.’ 18 247 248 EMPLOYMENT OF WOMEN IN FORESTRY There appears to be no adequate reason why women who are physically strong enough for an open-air life should not take up forestry asa profession. There are one or two essentials requisite to make a good forester, in addition to physical qualifications—to wit, a love of nature and natural history, combined with powers of close observation. The forester’s theoretical and practical training develop and stimulate these, but they should be there from the start to make the real forester. As a race, the Britisher, man and woman, possibly possesses these attributes to as great, and per- haps a greater, degree than any other nation. It is certain that in their absence a good forester cannot be made. It will be asked, How is a forester made? What is his work, what are the chances of posts in this pro- fession,and what the probability of a proportion of them being filled by women? It is the purpose of this article to answer these questions, so far as is at present possible. \| First, as regards the making of a forester. The education and training of the forester—that is, of the executive officer who has charge of large tracts of woods worked on commercial principles—has during the past five years developed amazingly in this country, thanks chiefly to the discerning enterprise and strong support of the Development Commissioners, who have made considerable grants of money for this purpose. Forestry courses, including both elementary and the highest branches of the subject, are now delivered throughout the country at University centres and Agricultural Colleges. The courses in the advanced AT EDINBURGH UNIVERSITY 249 branches are intended for the education of the highest grades of the executive forester of the future. For it is certain that in the future the man with the forestry degree or diploma will have the preference over the man who does not possess either. In fact, he is already receiving the preference. The training for the degree or diploma in forestry at the Universities (Edinburgh gives a degree of B.Sc. in forestry, Oxford and Cambridge a diploma) is very thorough, including courses in the elementary portions of the sciences— botany, zoology, chemistry, and natural philosophy ; and advanced courses in forest botany, mycology, forest zoology, forest engineering and surveying, forest chemistry and geology, with forestry elementary and advanced. Practical courses and excursions accom- pany the lectures. At Edinburgh University three years’ work are re- quired to obtain the forestry degree, the purely forestry part of the curriculum involving two years’ work (second and third years), including practical courses of from six to seven months altogether. These latter include a thorough training in the manual part of the work, both in the nursery and in the woods. The student is made to do with his own hands the whole of the manual portion of forestry work described in the previous article, on the principle that a man cannot be fit to give orders unless he knows how the work should be actually done. In Scotland we have magnificent nurseries and areas of woods in which the student can undertake this part of his work to perfection. The advanced practical courses consist of the de- tailed measurement of the cubic contents. of woods, 250 EMPLOYMENT OF WOMEN IN FORESTRY their survey and description ; in carrying out thinning operations; in visits to woods scientifically managed under working plans; in the preparation of a working plan for an area of woods—and so on. Now, the only part of this work a woman is likely to find beyond her powers is the heavier ‘manual labour, such as trenching with the heavy spade, the use of the heavy axe in felling trees of large girth, and so on. But there appears to be no reason why, by making use of light tools, she should not be able to render herself thoroughly acquainted with their manipulation in order to ensure an adequate future control over her staff. For the executive officer, whether in charge of an area of woods or assistant in such an area, is not required to do the manual labour. He is not there for that purpose. He is required to possess the brains and knowledge to run the machine. It may be conceded, therefore, that so far as the training of the scientific forester, both upper and lower executive grades, is concerned, the woman should be able to assimilate it and be turned out as good an article as the man. Now as to the work of the executive forester. It would be easy and pleasant to detail it at great length. It will, however, suffice for our present purpose to glance briefly at the salient points. The forester’s work is exceedingly diverse, and for that very reason the more interesting. It has been well said that the forester is always at school to the end of his life, and the true forester is well aware of the correctness of the dictum ; for the more intimately a man becomes acquainted with the varied life of the arene oi elle TACT 281 woods—vegetable and animal life; the greater the knowledge he possesses of the different species of trees he may be raising or managing ; the more information he gathers together upon variations in soil, climate, and a thousand and one other points in his locality— the better position will he be in to draw up a proper plan of working for his woods, and the greater will be the success he will attain in their working. To this end, and for this reason, the forester must necessarily remain a student all his days. But the mere working of the woods in order to raise a successful crop of any particular species over a specified period of years, or rotation as it is called, forms but a tithe (though a most important one) of the forester’s duties. The felling and removal of the matured woods entails a great deal of work. Protec- tion, both against man, animals (including insects) and fungi, etc., necessitates incessant vigilance and care. Remedial measures have to be devised and put into force, and this work affords scope for the exercise of considerable ingenuity on the part of the staff. Trespass and the commission of illicit acts, theft, grazing of cattle and so on in the woods, are often the cause of much anxiety and harassment to the executive officer and his subordinates. These latter causes can often be greatly diminished by the exercise of tact ; in fact, can be managed better in this manner than by any other at present known method. Tact to the forester, 1.¢. the possession of this quality, is almost an essential for success in his profession. For he, more than any one else on the country-side, is greatly depen- dent on maintaining good relations with and securing 252 EMPLOYMENT OF WOMEN IN FORESTRY the good will of the inhabitants in the neighbourhood of his woods. In addition, therefore, to considerable botanical and zoological knowledge, the executive officer must possess some acquaintance with the laws of his country, civil and criminal, and, when there are such, of the special forest laws. A correct appreciation of the value of geological knowledge as it relates to soils, meteorology as it affects development, etc., of species, is of coursea sine qua non. Finally, the management of his office will necessitate a knowledge of book-keeping and accounts generally. With this brief examination of some of the most important aspects of forest work enough has perhaps been said to indicate the nature of the duties of the forester, and of the peculiar charm attaching to them for the lover of the open-air life. It will be apparent that the work above described could be undertaken by the properly trained woman. We come now to our third point—the chances of posts for women as foresters. This is a more difficult feature of the question to deal with than the other two because here we are treading upon new ground. But this war has brought into prominence so much new ground which will have to be ventured upon, that a few remarks upon the a ject may be attempted here. It will be necessary to eliminate from consideration at the present all Government posts in the Forest Services of India and the Colonies. There remain posts in this country. _ They may be divided into two classes, higher execu- TRAINED FORESTERS WANTED 253 tive and lower executive. The first will in the future be filled by fully and scientifically trained men holding a degree or diploma in forestry from the Universities. The second will for the most part be trained at the Agricultural Colleges. In the past both these classes of posts have, speaking generally, been held for the most part by a man who has started either at the lowest rung of the ladder as a forest labourer or labourer apprentice, or as an apprentice of a higher class who has subsequently taken elementary courses in botany, zoology, and so on, or attended extension lectures in such. The good men from one or the other of these categories have ultimately risen to the position of head forester (7.e¢. executive officer) in charge of considerable areas of woods on large privately hedge estates in this country. Outside the Crown Forests (which do not of course belong to the State) there are no Government-managed areas of woods in England, Scotland, or Wales. In Ireland, State forestry has been commenced. But whether State-owned, State-managed, or privately managed (perhaps under State supervision in some cases), there can be little doubt that a much larger area of land will be placed under woods in the near future in these islands. The war has made this imperative. It may therefore be taken as certain that more trained foresters will be required—in fact, it might almost be said, are required at the present moment. There is one further point. Experts for forestry research work are already needed, and in some degree will be required in the near future. This work consists 254 EMPLOYMENT OF WOMEN IN FORESTRY in studying the woods from various aspects. It may be the purely sylvicultural aspect; the zoological, so far as the study of forest pests is concerned ; botanical, mycology and the study of fungus pests; the prepara- tion of special plans for managing areas of woods; forest engineering and the export of material; or finally, forest economics and the means of utilising to the full all the varied products of the woods, especially undeveloped products. In this matter of forest research work, not the least fascinating of the many-sided and varied branches of forestry, surely a woman could find herself at her best. That the work is of the first importance cannot be gainsaid. But to be able to prosecute it with success- ful results entails, first, a thorough grounding in and knowledge of forestry in all its branches, combined with the necessary study of the allied subjects, botany, zoology, chemistry, geology, and so on. My sole excuse in writing on this subject in such detail rests in the fact that since the former article appeared in the Englishwoman I have received several letters from various parts of the country expressing interest in the subject, and a desire for further in- formation. The above is an endeavour to place such points as suggest themselves before the public. 4 in le INDEX Acetone, a forestry product, 103 Afforestation in Britain, area required, 24, 39, 221 —— — arguments against, 25 — — — — for the, 24, 25 — — — past history of, 14, 41, 163 — problem in Britain, the, 10, 163 . — — in Ireland, 10 — question and posterity, xii, xix, 29 —-—apathy of public and Government on, 28 —— at outbreak of war, posi- tion of, 13 —-— in Britain, recent history of, 13-22 —-— in reign of Charles II, ix, xi, 13. — — planting up of waste lands, 29, 38 — — position of, now, 23 — schemes, financing of, 35, 37, 41 — yield in materials from, 39 America, supplies from, 62, 70, 78, 107 Arboricultural Society, Royal Scottish, 17 Belgium, destruction of forests in, 72 Birmingham water catchment area, planting of, 21 Bobbin mills, 25 Camps water catchment area, planting of, 22 Canada, supplies from, 8, 62, 70, 78, 107 Cedar (Cembran pine) trade of Asiatic Russia, 154 Central Powers, forests of, 79, 105, 106 Colliery proprietors and pit- wood supplies and prices, 24, 57, 59, 178 Corporations and afforestation, 10, 19, 30 Demonstration areas, forestry, 20, 234 Destruction done to towns, houses, etc., in fighting areas, 4,70 . Development Commission, ap- pointment of, 19 — — forestry work of, 19 — — offers of funds for planting, 30 — Commissioners and education, 10 forest Edinburgh and District water catchment area, planting of,21 — University Forestry Degree, curriculum for, 54, 233, 249 Education and training in forestry, 53 — of an executive forester, 248- 52 Evelyn’s Sylva, ix, 24, 164 Exports of forestry materials in 1915, 211-14 Fellings in British woods, xxi, 7,29, 38, 60, 175 255 256 / Finance and planting methods, 37 Finland, the forests of, 104 Forest materials, exhaustion of world’s supply of, 108, 160 — of Dean, oak in, 42 — service, the Indian, 162 — survey of Glen Mor, 17 Forester, how to make a, 248 \| — life of a, 234 Forestry advisory officers, 19, 29, 35 — a State business, 11, 29 — branches of Departments of Agriculture, establishment of, 3m — commercial, 10, 11, 23, 31 Forests, destruction of, in fight- ing areas, 3, 29, 198 — felling of, by Germans, in occupied territory, 4, 72, 198 — State recognition of import- ance of, 161 France, forestry materials of, 56, 106 Freight vessels, shortage of, 3, 57, 61, 181 Furniture manufactories, 25 Germany and Russia, 71 — forest resources of, 71 Home Timber Committee, 7, 38, 58 Imports and exports of timber in 1915, 202 — British forestry, where they come from, 5, 55, 104, 166 — forestry, in 1913, 41, 160-173 — of forestry materials, effect of war On, 3, 55 —of forestry materials to Britain, 2, 55, 66, 166 Ireland, State Forestry Depart- ment in, 22 Labour for afforestation, 34, 50 Lake Vyrnwy water catchment area, planting of, 21 INDEX Lanarkshire water catchment area, planting of, 22 Landowners and afforestation, 10, II, 19, 30 Land purchase by Government for afforestation, 30 Leeds water catchment area, planting of, 21 Liverpool water catchment area, planting of, 21 Manchester water catchment areas, planting of, 21 Markets, timber, British and European, 2, 166 —_—— competition in, by Allies, 4, 6, 8, 70, 105 — — control of, 70 National planting scheme, a, 1, 27, 38 — resources, utilisation and con- servation of, xxv, 27 Newfoundland, supplies from, 8, 62, 70, 78 Norway, forestry resources of, 6, 8, 9, 78, 106 Nurseries, emergency, 34 Nursery, the forest, 241 — work for women in the forest, 225, 238, 241 Paper pulp mills, 25, 218 Pitwood from abroad, 56, 67 —imports in I915, 203, 205, 210 — in Britain, 6, 57, 59, 178 — supplies, effect of six months’ war on, 182, 189 Planting and the State, a II, 30 —at Murthly with semi-circular spade, cost of, 49 — corps, a, 34 — methods, 42-9 — relative conte of different methods, 4 \| Plants, cen of, for affores- tation, 33 Prices of forestry materials, rise in, 3, 23, 37, 38, 56, 57, OF, 64 INDEX Pulp, paper, 24, 25, 167, 169, 218 > a » 193 ——imports in 1915, 206-11 Research work in forestry, 253, 254 Rotations for forest crops in Britain, 13, 26, 39 Royal Commissions and Com- mittees and afforestation, 1, 15, 23, 28 — Society advocates planting, ix, xii, Xx, Xxv — — of Arts and tree planting, xiii Russia and British forestry im- ports, 5, 8, 55, 60, 63, 67, 166 — forestry resources of, 9, 67, 71, 73 — in Europe, forests of, 82 Russian forests and British timber supplies, 67 — — leasing of, by Great Britain, 81 Saw mills, 25, 75,218 Siberia and Turkestan, forests of, 130 Soldiers and sailors, incapaci- tated, employment of, in fores- try, 51, 223 Species to plant, 42 State and planting, the, xviii, II, 30 Sweden, forestry resources of, 6, 8, 9, 62, 78, 106 Talla water catchment area, planting of, 21 Thirlmere water catchment area, planting of, 21 Timber famine in Europe, 23, 56, 160 — imports in 1915, 204, 206-10 — supplies, famine prices, 55 — — effect of six months’ war on, 181, 183, 186 257 Timber, supplies of future, sug- gestions for safeguarding our, 27, 68, 77 — uses of, in fighting areas, 3, 56, 104 Timbers, commercial classifica- tion of, 169 —in most demand, pines, spruces, firs, 4, 166 Toys, making of wooden, in Britain, 218 Trenches, length of, on \| Western and Eastern fronts, 104 Virgil and planting, xxiii, xxiv War, effect of the, on the affores- tation question, 23-6, 28, 173 — forestry materials, demands for, 56, 104 —six months of, effect on timber supplies, 181 — timber materials, Govern- ment purchases of, from British woods, 38 — timber supplies and the, 160 Waste land in Britain, 1, 15, 24, 27 — — — afforestation of, 11, 24 Water trusts and the afforesta- tion of catchment areas, 10, 19, 30 Women, assistance of, in pressing afforestation of Britain, 216 —employment of, in manual part of forest work, 236 — forestry posts for, in execu- tive grades, 253 — in forestry, employment of, 50, 215, 236, 247 — in higher branches of forestry, training of, 232,247 Woodlands, arealof British, 15,24 — big for shelter, 39 — — for sporting purposes, 39 Woods, work in, for women, 229, 240, 242 ; Pi Age a 5 i= ~ wf: : a ae He Take OMe a y , 4 * - 4 - 7 “af VEC DPERI Sh Ee Om 3 at se GEN Set ome Py Aa = oe i Med? 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Language fails to communicate the thrill it excites."—Wes minster Gasette, WILD GAME IN ZAMBEZIA. ByR.C. F. MAUGHAM, Author of “ Zambezia” and “ Portuguese East Africa,” With Map and Illustrations. Demy 8vo. 12s, net PARTRIDGE-DRIVING. Some Practical Hints on Increasing and Preserving a Stock of Birds and on bringing them over the Guns, with a Description of the “Euston” System. By CHARLES E. A. ALINGTON. New and thoroughly Revised Edition, With Diagrams. Crown 8vo, 5s. net. “One of the most complete and convincing of treatises on the fascinating subject of Partridge-driving that we have yet met with. Very few men, keen on providing shooting a few head of pba pan: can afford to miss pawns clearly tten account of his own experiences.”—County entleman, : FISHING AND SHOOTING. By Sypney BUXTON, M.P. With Illustrations by ARCHIBALD THOR- BURN. Second Edition. Demy 8vo. Ios. 6d. net. THE WILD SPORTS AND NATURAL HISTORY OF THE HIGHLANDS. By CHARLEs ST, JOHN. With Illustrations, Large crown 8vo, 2s. 6d, net, JOHN MURRAY, ALBEMARLE ST., LONDON, W. » J meat “es keane. - Re» \| Mee Le 4 J burs ; ; y whe ey yada atl : , ‘7 f ; { ’ ris ‘ DaPiceoRe ey ’ ¢ by ial pF i 4 t : hy ‘eR ; hay ¥ weet sa ¢ 4 i ra? te i ty ‘ ; Limite : " \ \| t : / ’ ae ; . a ; - ' 7 2 ; Me f i : ‘ tt ; - i 4 ' : : 7 7 { } " \ ‘ 4-1 i eS 2-”—C ee 7) “Wars, ie . : § “ei ae) mM: A rE \| ' } y ' i q un ae i ra Bey _ ee 5 hs Pot ig abd) fe rahan ahh Phd i eau rd Te eit ca Ea Stebbing, Edward Percy ; British forestry its present position and outlook COpee after the war BioMed ms Eesees A ge es e aS we Popes Gs ors _— > = aaa 4 MH . ik ao Wey ee ge Kempen trtate te ees RE Senge ieee eeteerets ater : i tees 5 vere rinsassss : eke = mace : : VT * A - ~ = ® “ a Seah : : ie al : riptet ts pe - : : . me x : siete ates : : : r aes ce aes res rs ~ or <i i > eet : Rpiasetateceuede pee pate : er es eer + cei eae Hyg eS wh erptene sateen sorts ioe tery ~ —— seats Sez iet raeos poet Te * = = 5 ce * Ssicores rr Bey bres ptae meas teeresetiee ve eeee bentt mite 2 eae ey Pee. : : 2 = cat etat ee rl aty Seas tera ed she: ite t dendites eptsecesreesesssoenteertnae es Eerpigap aes reeaa ep eeseoaeet a Llsperesgtesttcs ess WIS aS 4 's one SSS a ee Betas i nee = Sa SSE RE LP TTS Hit HEE See ie os eee Bik i ahh Nhat! is br rit + +, ah	__label__neg	britishforestryi00stebuoft	OL23283037M	OL1088113W	326	1,916
zh	N/A	N/A	开放存取的国家宏观政策体系建设研究\* 牛晓宏马海群开放存取 (Open Access)模式的出现促进了网络环境下数字信息资源的广泛传播与共享。目前，有关开放存取的理念和技术越来越成熟，实践和研究越来越广泛，但是要实现数字信息资源开放存取的可持续发展，更需要有政策上的支持和指导。从已有的开放存取政策来看，有的是由政府制定的，更多的则是由各大学、科研机构、出版机构、科研资助机构、基金会等分别根据自己的实际情况制定的。笔者认为，对数字信息资源开放存取政策的制定需要从宏观的视野来考虑，最应提倡与发展的，应该是相关部门从国家层面上制定的数字信息资源开放存取政策体系。一、制定数字信息资源开放存取国家宏观政策的社会意义 1.有利于国家对数字信息资源进行宏观规划与管理推动一个国家数字信息资源开放存取的发展，仅仅依靠几个机构制定若干政策来实现是远远不够的，只有由国家有关部门从宏观角度考虑制定出覆盖面广泛的国家开放存取政策，由开放存取各相关机构根据国家政策再制定出具体实施政策，并将这些政策整合后形成为一个政策体系，才能使开放存取政策真正地发挥作用，才有利于国家对数字信息资源的开放存取进行宏观的规划与管理。 2.有利于机构和个人对数字信息资源开放存取的认同取得科研人员和相关机构的认可是开放存取模式发展的基础。数字信息资源的开放存取带来了一种全新的学术信息交流模式，但由于观念上和经济上的原因，一些机构和个人对开放存取模式持有抵制态度。而通过国家层面的数字信息资源开放存取政策的制定与颁布能够提高科研人员、科研机构和出版机构等对数字信息资源开放存取的认同，能扫除一些机构和个人对待开放存取观念上的障碍，从而必然会使越来越多的科研人员、科研机构、科研资助机构、出版机构接受并积极参与开放存取实践的探索，促进并保障开放存取的健康发展。 3.有利于数字信息资源广泛传播与共享制定数字信息资源开放存取政策的最终目的是为了推进我国数字信息资源的开放存取，从而实现数字信息资源的最广泛传播与共享。政策所具有的指向性、强制性和监督性，必然能够促使更多的科研成果和数字信息资源以开放存取的模式出版，从 \本文为教育部人文社会科学规划项目“数字信息资源的国家宏观规划与管理” (06JA870003)成果之一，并受黑龙江省普通高等学校新世纪优秀人才培养计划 (1152NCET004)资助。而让更多的公众可以获得所需要的信息，同时也使得科研成果等数字信息资源得到广泛传播。二、国外数字信息资源开放存取政策现状分析目前国际上有关数字信息资源开放存取的理论研究与实践探索正在如火如荼地进行着，各国政府也都非常重视开放存取政策的研究。在开放存取发展较好的国家，都是由国家政府认可或出台了开放存取政策。 1.发达国家的数字信息资源开放存取政策开放存取政策最早是由欧美发达国家制定并实施的，美国、英国、加拿大、芬兰、德国、瑞典、挪威、法国、澳大利亚等国都相继制定了开放存取政策。影响最大的开放存取政策是美国NIH公共获取政策。美国国家卫生学会(National Institutes of Health，简称NIH) 从2004年开始就着手制定开放存取政策，经过一年多的调研，在广泛征求多方意见和建议的基础上，于2005年5月开始正式实行开放存取政策，其内容是要求所有接受NIH资助的科研人员都必须在科研论文正式出版12个月内，将经过同行评审的科研论文的终稿以电子版的形式提交到PubMed Central数据库中，以提供给公众免费获取…。虽然NIH政策是由科研资助机构制定的，但是该政策得到了美国政府机构的认可和支持，这对其他国家或机构相继制定出更加合理的开放存取政策起到了重要的借鉴作用。英国的开放存取政策主要是由科研资助机构制定的，与NIH政策相比更具有强制性。为了促进科研成果的开放存取，目前英国研究理事会(Research Councils UK，简称RCUK) 和资助科学研究的主要基金会已颁布了强制性开放存取政策。这些政策要求所有由公共资助的研究成果必须广泛、快速、有效地提供给公众开放获取。芬兰的开放存取政策主要体现在由芬兰教育部制定的相关规定中。芬兰教育部为推动芬兰开放存取的发展，成立了开放存取科学出版委员会(Open Access Scientific Publishing Committee，简称OASP)并提出了《促进芬兰科学出版领域开放存取建议》报告，表明了芬兰开放存取的基本政策2。其宏观政策包括：高等教育机构和科研机构建立或合作建立必要的开放存取仓储，以方便科研人员将自己的科研成果提交到开放存取仓储内，供公众开放获取；鼓励科研人员将自己的论文提交到开放存取仓储中，使仓储中科研论文的数量可以得到快速积累。芬兰教育部还分别对科研资助机构、高等教育机构和科研机构、期刊和学术团体、图书馆等制定了有针对性的具体的开放存取政策。根据芬兰的开放存取政策，虽然芬兰还没有决定在国家层面上对开放存取采取强制态度，但是强调了从国家宏观层面考虑科研信息自由获取的重要性的。 2.发展中国家的数字信息资源开放存取政策印度政府在制定国家宏观开放存取政策方面的经验值得我国政府有关部门参考。2006年1月6日印度政府在海得拉巴举行了第93届印度科学大会，这是专门为研究开放存取而举办的会议，在会上提出了为实现科研成果开放存取的“国家开放存取最优政策\\[4\]，内容包括：①要求获得政府基金全额或部分资助的研究论文，在被同行评审期刊接受出版以后，立即将论文的电子版存储在开放存取仓储中；②鼓励获得政府资助的科研人员在已有的、适合的开放存取期刊上发表论文，政府可以提供出版费用；③鼓励获得政府资助的科研人员尽可能保留所发表论文的版权。同年11月2、3日，印度科学协会又在班加罗尔召开了“电子出版和开放存取研讨会”，并在会议上发布了“发展中国家的国家开放存取政策”5，该政策的具体内容为：①要求获得政府基金全额或部分资助的研究论文，在被同行评审期刊接受出版以后，立即将论文的电子版存储在机构仓储中；② 鼓励获得政府资助的科研论文在存储之后就立即提供开放存取；③鼓励获得政府资助的科研人员在已有的、适合的开放存取期刊上发表论文。将印度颁布的两个国家开放存取政策进行比较可以看到两者既有相同义有区别， “发展中国家的国家开放存取政策”是在“国家开放存取最优政策”基础上制定出来的，更具有普遍适用性，适合于所有发展中国家借鉴采纳。同为发展中国家的乌克兰，在国家开放存取政策法规制定方面也走在了前面。2005年2月在乌克兰举办了“开放存取学术交流研讨会”，起草制定了乌克兰的第一个开放存取政策：保证个人和公众获取信息知识的权力并保证知识产权制度不妨碍公众获取知识，鼓励研究机构和高等教育机构参与开放存取实践，由国家资助开放存取相关研究，并为研究机构和高等教育机构创建并维护开放存取仓储提供国家财政和技术支持。2006年11月，乌克兰国家基础研究基金会授权国际复兴组织 (IRF)补充了开放存取政策，以保证公共资助研究的开放存取。随着开放存取政策的实施，乌克兰政府颁布了法规，从2007年1月开始对获得公共资金资助的科研人员实施强制开放存取，并计划在档案馆、图书馆、博物馆、科研机构等具备开放存取条件的地方建设开放存取仓储。虽然受到政治危机的影响，这项开放存取法规在实施的过程中被迫终止了，但乌克兰政府对于数字信息资源开放存取所制定的政策和法规值得借鉴。 1 ! 三、我国数字信息资源开放存取国家宏观政策体系的构建为了保证所制定的政策具有科学性、预见性和有效性，我国的相关部门和人员也一直在进行有关开放存取政策的基础研究。2005年6月在北京召开了由中国科学院和国际科学学院组织(IAP)主办的中国科学院“科学信息开放获取战略与政策国际研讨会”，这次研讨会的目的之一是为了推动中国政府部门和相关机构制定开放存取相关政策，表明了我国对开放存取政策的相关研究是非常重视的，虽然目前我国还没有正式出台的开放存取政策，但我国构建开放存取政策体系的时机已日趋成熟。 1.数字信息资源开放存取政策体系结构从结构层次上看，我国科学合理的国家宏观开放存取政策体系应该是由国家、科研资助机构、科研机构、高校、出版机构分别制定的开放存取政策共同组成。首先需要由国家政府相关部门制定全国统一的、可供所有的组织机构共同遵守的国家政策，国家开放存取政策表明我国支持数字信息资源开放存取的态度，但不必非常具体，.可参照“发展中国家的国家开放存取政策”进行制定，其主要作用是为全国各级组织、机构制定相关政策提供宏观指导。科研资助机构、科研机构和高校可在与国家政策相一致的基础上，依据本机构的特点制定开放存取政策，规范所资助科研人员或机构成员的权利和义务。我国的科研资助机构都是由国家提供经费支持的，例如国家教育部、国家基金委等，因此获得科研资助的研究成果应该开放存取，以提供给更多的公众免费获取和共享资源。科研机构和高校要通过制定开放存取政策保证机构内部成员科研成果的开放存取。开放存取政策中既有强制性政策，也包括自愿性政策17\]。但对于科研资助机构和高校来说，为保证数字信息资源的开放存取，就需要制定和实施强制性开放存取政策。开放存取的发展同样需要出版机构的政策支持。与科研资助机构制定的强制性政策不同，出版机构制定的开放存取政策更多的应该是自愿性政策。出版机构应提供多种出版模式选择，由作者选择是否以开放存取模式出版自己的科研成果，或者选择以哪种开放存取方式出版自己的科研成果。虽然出版机构不需要制定强制性的开放存取政策，但是出版机构应该根据国家宏观政策的指导方向，积极鼓励科研成果的开放存取， 2.数字信息资源开放存取政策体系的内容上面介绍的国外开放存取政策的内容可以作为我国国家宏观开放存取政策的主要参考。其一，为了保证开放存取在我国的开展，我国相关部门应制定强制性的开放存取政策，要求相关机构和个人必须执行，否则将不再对这些机构或个人提供资助。其二，在现有的学术评价体系中承认开放存取出版物的学术价值，即发表在开放存取期刊上的论文和在传统期刊上发表的论文一样，在科研成果认定时同样予以认可。其三，国家还应制定政策鼓励档案馆、图书馆、博物馆将各自馆藏的信息资源进行数字化处理，并将这些数字信息资源存储在各自或指定的开放存取仓储中。科研资助机构、科研机构、高校、出版机构等不同组织机构制定的政策，从内容上看既有区别又有联系。各种政策的主要内容都是要求或鼓励科研人员积极参与开放存取。科研资助机构在开放存取政策中应要求所有受到本机构资助的科研成果必须开放存取：科研机构和高校则要求本机构的科研人员将所有的科研成果提交在本机构的开放存取仓储中。拥有丰富教学资源的高校，还应制定鼓励教学资源的开放存取政策，即教学课件资源的开放存取。对出版机构而言，需要通过政策来规定论文正式发表后，提供开放存取的时间期限。除了上述由不同机构制定的政策内容外，数字信息资源开放存取还受到资金、版权、技术等多种因素的影响，因此一个完整的开放存取政策体系至少应涵盖这几方面政策内容。①资金支持政策。在政策上明确提出，数字信息资源开放存取出版所需的费用由政府相关部门、科研资助机构或者科研人员所属机构支付；开放存取基础设施(包括开放存取期刊、开放存取仓储)的建设经费由政府提供全部或部分资助等。②版权保护政策。开放存取在现行版权制度的基础上建立和运行了一套区别于传统的版权政策\[\]，不同机构根据自己机构的特点或所属学科的特点会制定不同的版权保护政策。版权保护政策不仅鼓励获得政府资助的科研人员尽可能保留所发表论文的版权，还支持所有作者在与出版机构签署版权协议时不要转让版权，或至少保留自己在开放存取仓储中自存取作品的权利。③技术支持政策。网络上数字信息资源存储的格式和标准是多样的，随着开放存取资源数量的增长，按照统一的技术标准对数字信息资源进行开放存取可以保障开放存取的可持续发展，这就需要通过国家或机构制定的技术支持政策来保证实现。此外，还应包括保证数字信息资源长久保存的技术政策等。参考文献 \[1\] NIH Public Access Policy Details. http：//publicaccess. nih.gov/policy.htm \[2\] Recommendations for the promotion of open access in seientifie publishing in Finland. http：//www.minedu.fi/export/sites/default/OPM/Julkaisut/2005/liitteet/opm \_ 250 \_ tr16.pdf?lang=en \[3\] Turid Hedlund， Ingegerd Rabow. Open Access in the Nordic Couniries-a State of the Art Report. http：//nordbib.net.dy-namicweb.dk/Files/Filer/Documents%20for%20download/Open Acces \_ in \_ the \_ Nordic \_ Countries Hedlund \_ Rabow \_ Nordbib.pdf \[4\] Subbiah Arunachalam. Open Access- Special session at the 93rd Science Congress. bttp：//arlorg/Lists/SPARC-0AForum/Message/2713.html \[5\] Workshop on Eleetronic Publishing and Open Access.httpo Wwww.ncsi.iisc.ernel.in/OAworkshop2006/pdfs/NationalOAPolicyD-Cs.pdf \[6\] Iryna Kuchma. Developing National Open Access Poli-cies： An Ukrainian Case Study. http：//elpub.scix.net/data/works/att/135 \_ elpub2007.content.pdf \[7\]李荣素，牛晓艳.国外开放存取政策研究.图书馆建设，2007(5) 「8\]秦珂.信息资源开放存取环境中版权政策的特点探析.情报杂志， 2007 (10) (本文作者单位：黑龙江大学信息管理学院)	__label__neg	null	null	null	null	null
zh	N/A	N/A	卖空交易与股价崩盘风险 ——因果识别与机制检验潘凌云董竹 \[提要\]本文以2010-2014年A股融资融券标的企业数据为初始研究样本，对卖空约束放松与股价崩盘风险的关系做了检验。结果表明：首先，卖空交易显著地抑制了上市公司股价崩盘风险，且这种抑制效应在管理层权力更大、分析师跟踪频率更低的企业中表现更加明显，在利用中国资本市场独有的“转融券”制度缓解内生性问题后，上述结论依然稳健；其次，在对作用机制的考察中发现，融券卖空主要通过改善企业信息透明度来对股价崩盘风险产生抑制效应。上述研究结论意味着，我国应该进一步扩大融券试点名单，以便更好地发挥卖空机制对资本市场的稳定作用。 \[关键词\]卖空交易；股价崩盘风险；企业信息透明度；转融券；盈余管理中图分类号：F830 文献标识码：A 文章编号：1004—3926(2020)02—0152一11 基金项目：国家社会科学基金项目“‘十三五'时期我国货币政策规则与货币政策调控机制研究”(15BJY174)、教育部哲学社会科学研究重大课题攻关项目“资本市场的系统性风险测度与防范体系构建研究”(17JZD016)阶段性成果。作者简介：潘凌云，吉林大学商学院博士研究生，研究方向；资本市场、企业创新；董竹，吉林大学数量经济研究中心教授，博士生导师，研究方向：资本市场；企业创新、公司金融。吉林长春130012 引言 2010年3月31日，融资融券制度正式引入中国资本市场，一部分上市公司被允许卖空，意味着投资者只能“买涨”不能“买跌”的单边市状态正式结束。然而，由于引入时间短，我国的融资融券制度的诸多缺陷也为业内人士诟病，例如，融券规模太小，仅占A股流通股的0.019%(顾乃康、周艳利，2017)；进入门槛过高，参与卖空的投资者必须开户满6个月，且账户资金必须在20万以上(顾琪，陆蓉，2017)2。可见，较之成熟的资本市场，我国的融资融券制度还有待完善。那么，尚待完善的融资融券制度是否发挥了稳定市场的功能呢? 事实上，有关卖空交易是否能稳定市场的话题一直是学术界讨论的热点。从国外的文献来看， Diamond&Verrecchia(1987)通过建立一个理性预期模型，证明了卖空投资者的交易行为会改进资本市场的定价效率，从而起到稳定市场的作用； Chang et al. (2007)4利用香港股票市场的数据，发现卖空限制的实施加大了股市波动； Bohl et al.(2016)利用非对称马尔科夫区制转移 GARCH模型，发现那些被禁止卖空的股票出现了更大幅度的波动。以上研究都支持卖空机制能起到稳定市场的作用，禁止卖空会导致股价波动。但也有一些学者对卖空机制的影响提出不同看法， Allen&Gale(1991)5认为，在不存在卖空限制时，卖空交易反而可能使市场环境恶化，加大股市崩盘风险； Morris&Shin(1998)16\]认为，即使市场基本面是好的，但是由于投资者对信息的理解存在差异，很可能导致卖空交易者的错误判断，进而诱发市场波动。自2010年之后，随着我国融资融券制度的推行和不断完善，卖空机制对中国上市公司股价崩盘风险的影响也引起了国内学术界的关注。这类文献主要考察两融标的增加对股价崩盘风险的影响。例如，唐松等(2016)的研究表明，在企业加人融券标的名单之后，股价崩盘风险明显下降；与此相反，褚剑与方军雄(2016)\[8\]的研究发现，融券制度的推出非但没能起到稳定市场的作用，反而加剧了股市崩盘风险。然而，苏东蔚、倪博(2018)9认为，利用两融标的研究资本市场至少存在以下两个问题：一方面，融资与融券是两种截然不同的行为，融资为加杠杆购入股票，而融券为卖空行为，二者对资本市场管理的影响存在明显区别，因此以融资融券变更作为解释变量，很难把经济后果完全归咎于卖空行为；其次，监管部门新增或剔除两融标的时，通常以规模、流动性、波动性等公司层面指标为决策依据，而这些特征又与股价崩盘风险密切相关，导致企业的股价崩盘风险可进一步影响其能否成为两融标的，因而两融标的与股价崩盘风险之间存在相互影响的内生性问题。换言之，两融标的扩容很难作为研究卖空行为的纯外生事件。基于此，本文在对卖空交易与股价崩盘风险做出初步检验的基础上，再利用中国资本市场独有的转融券制度为外生变量构造自然实验，缓解可能存在的内生性问题，结果发现，卖空机制抑制了股价崩盘风险，且这种抑制效应在管理层权力更大、分析师跟踪频率较低的企业中表现更加明显。以上实证结果支持了卖空机制的“股价崩盘风险抑制效应”假说。为了给这一假说提供更多证据，本文重点考察了卖空机制影响股价崩盘风险的作用渠道——企业信息透明度渠道。根据Jin&Myers(2006)101的研究，企业管理层隐藏负面信息是造成股价崩盘风险的主要原因。而卖空投资者善于挖掘企业的负面信息，因此在卖空约束放松之后，管理层隐藏信息的成本明显提高。为了防止股价下行压力造成的薪酬缩减和职业危机，管理层就必须合规、准确地披露信息，进而使得股价崩盘风险下降。本文利用交乘项法对该机制做出检验，结果发现卖空交易确实通过提高企业信息透明度降低了股价崩盘风险。本文的创新点主要体现在如下几个方面：一是实证方面。本文从“转融券”制度这一纯外生冲击的视角衡量卖空约束，从而缓解了卖空机制与股价崩盘风险之间互为影响的内生性问题；二是理论方面。从中国资本市场的角度，发现卖空交易有助于抑制股价崩盘风险，从而支持了Diamond&Verrecchia(1987)、Chang et al. (2007)的研究。一、理论分析与研究假设 (一)卖空机制与股价崩盘风险：基础假设关于股价崩盘风险的成因，现有文献认为，分析师乐观偏差(许年行，2012)11、大股东持股比例(王化成等，2015)12\]、企业社会责任(权小锋等，2015)113\]、机构投资者羊群行为(于上尧，2013)\[14\]、媒体报道(罗进辉、杜兴强，2014)15\]等都是影响股价崩盘风险的重要因素。Jin&Myers(2006)等研究发现，随着管理层对负面信息的隐瞒成本不断增加，在突破一定限度之后，坏消息会在市场中集中爆发，从而导致股价崩盘。由此可见，股价崩盘风险的根本原因在于企业坏消息不能及时融入股价。因此，卖空机制能否抑制股价崩盘风险的关键在于，卖空投资者是否能充分挖掘企业负面信息并使其及时融入到股价之中，进而提高股价信息含量。一般认为，卖空机制提升了公司治理水平(Massa et al. ，2015；陆瑶等，201816\])，因而在卖空威慑之下，企业管理有动机提高信息披露质量。现有研究表明，在卖空约束放松以后，企业的盈余管理水平明显下降(顾琪，陆蓉，2017)，主动披露信息的积极性显著提高(李志生等，2017)。总之，卖空机制提高了企业信息透明度。而信息环境的改善使得负面信息能够及时、准确地融人到股价之中，避免了坏消息的集中爆发，从而使股价崩盘风险降低。基于以上分析，本文提出如下假设。假设1：卖空机制降低了股价崩盘风险。 (二)管理层权力的调节效应进一步，如果卖空机制能够通过改善企业信息透明度来降低股价崩盘风险，那么这一作用效果应该在信息环境较差的企业中更加明显，因为信息环境越差，卖空机制发挥作用的空间就越大。现有研究表明，管理层权力的大小会对企业信息透明度产生重要影响( Kwangjoo& Jonghwan，2018)7。在管理层权力较低的企业中，管理层的行为会受到投资者更多制衡，因而管理层会更积极、准确地披露企业信息，以满足投资者的要求，此时企业的信息环境也就相对较好，卖空投资者挖掘企业负面信息的空间非常有限；相反，更高的管理层权力往往意味着更高的代理成本(Liu&Jiraporn，2010)\[18\]，由此可能导致企业管理层为了达到私人构建企业帝国、卸责等目的而隐瞒企业负面信息，此时卖空投资者挖掘企业负面信息的空间更大，因而会对股价崩盘风险产生更强的抑制效应。基于以上分析，本文提出如下假设。假设2：卖空机制对股价崩盘风险的抑制效应在管理层权力更大的企业中表现更加明显。 (三)分析师跟踪的调节效应沿袭上一假设的分析思路，本文认为，卖空机制的作用效果应该在分析师跟踪频率较低的企业中表现更加明显。现有研究认为，分析师可以通过实地调研等方式对企业管理层的行为进行监督，进而有效抑制企业管理层的机会主义行为，降低企业盈余管理程度(李春涛等，2014)\[19。因此，在分析师跟踪频率较高的企业中，卖空投资者挖掘负面信息的空间非常有限；相反，在分析师跟踪频率较低的企业中，企业信息环境也相对较差(陈怡欣等，2018)120\]，卖空交易的作用可以得到更充分的发挥。基于以上分析，本文提出如下假设。假设3：卖空机制对股价崩盘风险的抑制效应在分析师跟踪频率较低的企业中表现更加明显。二、研究设计 (一)模型设定为了检验假设1，即卖空交易是否降低了股价崩盘风险，本文借鉴褚剑、方军雄(2016)的方法，设定如下模型：其中， CRASHRISK，为上市公司i在年份t的股价崩盘风险。 SSR，为标的股票的卖空交易量。如果卖空交易水平的提高可以作为一种外部机制，有效改善了企业信息透明度，促使股价崩盘风险降低，那么可以预期α将显著为负。为了验证假说2，即在管理层权力之下，卖空交易对股价崩盘风险的影响是否存在差异，本文将研究样本按照管理层权力高低进行分组回归，本文预期：模型(1)中的融券交易的系数α将在管理层权力更高的样本中显著为负，在管理层较低的样本中不显著。为了验证假说3，即在不同的分析师跟踪频率之下，卖空交易对股价崩盘风险的影响是否存在差异，本文将研究样本按分析师跟踪频率的中位数划分为低分析师跟踪频率样本与高分析师跟踪频率样本两部分进行分组回归，同时做出如下预期：模型(1)中的卖空交易的系数α将在低分析师跟踪频率样本中显著为负，在高分析师跟踪频率样本中不显著。 (二)变量定义解释变量：卖空交易量(SSR，)。本文利用两个指标度量卖空交易量，分别是年度融券卖出量与个股流通股股本之比( SSR1，)、融券余量与个股流通股股本之比(SSR2，)。被解释变量：股价崩盘风险( CRASHRISK，)。本文借鉴 Chen et al. (2001)的方法，计算股价崩盘风险。首先，利用如下模型计算出股票i经过市场调整后的收益率：其中，z，为股票i在第s天考虑现金红利再投资的日个股回报率，rm为市场在第s周考虑现金红利再投资的日市场回报率(流通市值加权平均法)。为调整股票的非同步性交易的影响，模型(1)中加人了市场收益率的滞后两期和超前两期的收益率。股票 i第s周经过市场调整后的收率W，为：W=ln(1+8)，其中，8为模型(1)中的残差。其次，采用以下方法构造股价崩盘风险度量指标，具体衡量方法如下： CRASHRISK.. 其中，n 为每年股票 i 的交易周数。 CRASHRISK的数值越大，表示偏态系数负的程度越严重，股价崩盘风险越大。调节变量：管理层权力( CEOP，)。本文借鉴谢佩洪、汪春霞(2017)的研究方法，利用董事长与总经理是否两职合一衡量管理层权力，如果是两职合一则取1，否则取0。调节变量：分析师跟踪(ana，)。利用年度分析师跟踪数量的对数表示。控制变量：股票流动性( liquidity，)用本年度的月均换手率表示；股票收益率( return，)用企业年个股收益率表示；企业规模( size，)用总资产的自然对数表示；企业负债率(leverage)用长期负债与短期负债之和与总资产的比值表示；市值账面比(MB，)的衡量方法为(股票价格×流通股数量+每股净资产×非流通股数量)/正面权益价值；总资产收益率(ROA，)用净利润与总资产之比表示；此外，我们还控制了行业虚拟变量(nin)与年份虚拟变量(A)。 (三)数据来源本文中的初始上市公司数据样本来源于国泰安数据库(CSMAR)与万德数据库(Wind)。借鉴现有研究(王化成等，2015)，本文对上市公司数据做了如下处理：(1)删除有数据缺失的企业；(2)删除 ST、PT企业；(3)删除金融类上市企业；(4)对企业层面的连续变量在1%与99%分位数进行了缩尾( Winsorize)处理。三、实证结果针对前文的理论分析，我们采用相应模型考察卖空交易对股价崩盘风险的影响，并详细讨论经验结果。首先，我们采用模型(1)对3个假设做出基本检验；其次，考虑到卖空交易与股价崩盘风险之间可能存在特定的内生性问题，我们以“转融券”制度的推行作为自然实验缓解可能存在的内生性问题对估计结果的潜在影响；最后，在确定因果关系的基础上，我们进一步利用交乘项法考察卖空交易影响股价崩盘风险的作用机制。 (一)卖空交易与股价崩盘风险：对3个假设的初步检验 1.对假设1的检验利用模型(1)对卖空交易与股价崩盘风险的关系做出检验，结果列于表1。其中，第(1)、(2)列为单变量的回归结果，第(3)、(4)列为加入其他控制变量后的回归结果。由表中可知，两个卖空交易的代理变量与股价崩盘风险之间都显著负相关，结果支持假设1，即卖空交易抑制了股价崩盘风险。实际上，在卖空约束放松以后，企业信息透明度不断扩大，使企业的负面信息能够及时融人股价，从而避免了坏消息集中释放所引发的股价崩盘风险。表1 卖空交易与股价崩盘风险：对假设1的检验 \| 变量 \| (1) \| (2) \| (3) \| (4) \| \| --- \| --- \| --- \| --- \| --- \| \| SSR1 \| \-3.5377\\\* \| \| \-11.6039\\\* \| \| \| SSR2 \| (-3.29) \| \-7.2652\\\(-2.68) \| (-4.13) \| \-33.9417\(-1.71) \| \| liquidity \| \| \| \-0.1285\\\* \| \-0.1277\\\* \| \| \| \| \| (-7.25) \| (-6.99) \| \| return \| \| \| \-1.1989\\\* \| \-1.0838\\\* \| \| \| \| \| (-6.82) \| (-6.20) \| \| totalassets \| \| \| \-0.0000\\\* \| \-0.0000\\\* \| \| \| \| \| (-4.93) \| (-5.23) \| \| leverage \| \| \| \-0.7443\\\* \| \-0.7469\\\* \| \| \| \| \| (-5.06) \| (-5.06) \| \| MB \| \| \| 0.0642\* \\ \| 0.0614\\\* \| \| \| \| \| (2.76) \| (2.63) \| \| ROA \| \| \| 0.0101 \| 0.0168 \| \| \| \| \| (0.44) \| (0.72) \| \| Constant \| \-0.2441 \| \-0.2990\\\* \| 0.2449 \| 0.2477 \| \| 年份行业 \| (-1.56)Yes Yes \| (-22.30)Yes Yes \| (1.35)Yes Yes \| (1.35)Yes Yes \| \| Observations \| 2，174 \| 2，174 \| 1，984 \| 1，984 \| \| R -squared \| 0.041 \| 0.002 \| 0.118 \| 0.112 \| 说明：\\\、\\、\分别表示1%、5%、10%水平上显著。括号内为t值。 2.对假设2的检验上述研究结果初步表明，卖空交易降低了股价崩盘风险，然而，在讨论卖空交易与企业的关系时不应该忽略管理层权力的调节作用。因此，我们按照企业是否具有两职合一特征进行分组回归。表2的第(1)、(2)列为非两职合一组中卖空交易与股价崩盘风险的关系；第(3)、(4)列为两职合一组中卖空交易与股价崩盘风险的关系。由第(1)、(2)列可以看出，在非两职哈一组中，卖空交易对股价崩盘风险的影响不显著；由第(3)、(4)列可以看出，在两职合一组中，两个卖空交易指标对股价崩盘风险的影响系数在5%、10%水平下显著为负。两组结果的差异表明，卖空交易对股价崩盘风险的抑制效应在管理层权力更大的企业中表现更加明显，假说2得到初步验证。由理论分析与上述实证结果，我们可以得出如下结论：在管理层权力较小的企业中，企业信息透明度较高，卖空投资者挖掘负面信息的空间非常有限，这会大大削弱卖空交易对股价崩盘风险的抑制效应；相反，在管理层权力较大的企业中，企业的信息披露质量也相对较低，更有利于卖空投资者挖掘负面信息，因而在此类企业中，卖空交易的作用效果更加明显。表2 卖空交易与股价崩盘风险：对假设2的检验 \| 变量 \| (1) \| (2) \| (3) \| (4) \| \| --- \| --- \| --- \| --- \| --- \| \| SSR1 \| 2.6719 \| \| \-6.3731\\ \| \| \| SSR2 \| (0.39) \| 34.4022(0.67) \| (-2.58) \| \-42.1307\(-1.93) \| \| liquidity \| \-0.1287\\\ \| \-0.1285\\\* \| \-0.1256\\\* \| \-0.1231\\\* \| \| \| (-5.96) \| (-5.85) \| (-3.69) \| (-3.62) \| \| return \| \-1.2161\\\* \| \-1.1931\\\* \| \-0.8099\\ \| \-0.8110\\ \| \| \| (-6.05) \| (-5.93) \| (-2.43) \| (-2.45) \| \| totalassets \| \-0.0000\\\* \| \-0.0000\\\* \| \-0.0000 \| \-0.0000 \| \| \| (-4.82) \| (-4.92) \| (-1.12) \| (-1.20) \| \| leverage \| \-0.7311\\\* \| \-0.7376\\\* \| \-0.6923\\ \| \-0.7046\\ \| \| \| (-4.40) \| (-4.43) \| (-2.21) \| (-2.26) \| \| MB \| 0.0743\\\* \| 0.0697\\\* \| 0.0336 \| 0.0386 \| \| \| (2.95) \| (2.78) \| (0.47) \| (0.54) \| \| ROA \| 0.0091 \| 0.0107 \| 0.0710 \| 0.0683 \| \| \| (0.36) \| (0.42) \| (1.24) \| (1.19) \| \| Constant \| 0.2284 \| 0.2224 \| \-0.8859\* \| \-0.8980\* \| \| 年份行业 \| (1.12)Yes Yes \| (1.08) Yes Yes \| (-1.69) Yes Yes \| (-1.72)Yes Yes \| \| Observations \| 1，665 \| 1，665 \| 306 \| 306 \| \| R - squared \| 0.103 \| 0.101 \| 0.362 \| 0.363 \| 说明：\\\、\\、\分别表示1%、5%、10%水平上显著。括号内为 t值。 3.对假设3的检验接下来的问题是，在不同分析师跟踪频率之下的企业，卖空交易对股价崩盘风险的影响是否也存在差异呢?为了回答这一问题，本文又将研究样本按照分析师跟踪数量的中位数分为高分析师跟踪频率组和低分析师跟踪频率组进行细分回归。从表3的(1)、(2)列可以看出，在高分析师跟踪频率组，卖空交易的系数不显著；从表3的第(3)、(4)列可以看出，在高分析师跟踪频率组，两个卖空交易指标的系数在1%、5%统计水平下显著为负。这与假设3的理论预测相一致，即卖空交易对股价崩盘风险的抑制效应在分析师跟踪频率较低的企业中表现更加明显。事实上，在分析师跟踪频率较低的企业，企业的信息环境更差，更有利于卖空投资者挖掘企业负面信息，因而卖空交易的作用效果在此类企业中表现更加明显。表3 卖空交易与股价崩盘风险：对假设3的检验 \| 变量 \| (1) \| (2) \| (3) \| (4) \| \| --- \| --- \| --- \| --- \| --- \| \| SSR1 \| 7.8738 \| \| \-7.1544\\\* \| \| \| SSR2 \| (1.07) \| 24.3639 (0.30) \| (-2.95) \| \-41.1311\\(-2.00) \| \| liquidity \| \-0.1244\\\* \| \-0.1224\\\* \| \-0.1077\\\* \| \-0.1016\\\* \| \| \| (-6.09) \| (-5.91) \| (-2.89) \| (-2.61) \| \| return \| \-0.7954\\\* \| \-0.7640\\\* \| \-2.1697\\\* \| \-2.1515\\\* \| \| \| (-4.17) \| (-4.00) \| (-4.96) \| (-4.84) \| \| totalassets \| \-0.0000\\\* \| \-0.0000\\\* \| \-0.0000\* \| \-0.0000\* \| \| \| (-5.00) \| (-5.11) \| (-1.79) \| (-1.78) \| \| leverage \| \-0.8330\\\* \| \-0.8406\\\* \| \-0.6773\* \| \-0.7895\\ \| \| \| (-5.20) \| (-5.24) \| (-1.94) \| (-2.15) \| \| MB \| 0.0667\\ \| 0.0615\\ \| 0.1221\\ \| 0.1352\\ \| \| \| (2.54) \| (2.34) \| (2.24) \| (2.16) \| \| ROA \| 0.0164 \| 0.0179 \| \-0.0695 \| \-0.0497 \| \| \| (0.64) \| (0.69) \| (-1.37) \| (-0.90) \| \| Constant \| 0.6640\\\* \| 0.6540\\\* \| \-0.3174 \| \-0.8320 \| \| 年份行业 \| (3.11) YesYes \| (3.04) YesYes \| (-1.52) YesYes \| (-1.62) YesYes \| \| Observations \| 1，660 \| 1，660 \| 339 \| 339 \| \| R -squared \| 0.112 \| 0.110 \| 0.159 \| 0.277 \| 说明：\\\、\\、\分别表示1%、5%、10%水平上显著。括号内为t值。 (二)卖空交易与股价崩盘风险：内生性问题从作用逻辑来看，卖空交易和股价崩盘风险之间，可能存在特定的内生性问题。首先，卖空交易和股价崩盘风险之间可能存在联立性(simulta-neity)引起的内生性问题。上市公司股价崩盘风险大，会引起卖空投资者注意，进而导致针对该企业的卖空交易增加；其次，卖空交易对股价崩盘风险的影响还会遇到重要遗漏变量导致的内生性问题。比如，投资者情绪既会影响到卖空交易，也会影响到股价崩盘风险(赵汝为等，2019)21\]。为缓解可能存在的内生性问题，本文尝试引入一个外生事件。中国证券金融公司在2013年2月28日起对融资融券标的股票推行转融券业务，在该制度推行以后，中国证券金融公司可以向上市公司股东借入股票，然后融出给券商，再经由券商向卖空交易者借出证券。截止到2015年，转融券前后共经历四次扩容，分别为2013年2月28日(新增98 家转融券标的企业)、2013年9月16日(新增200 家转融券标的企业)、2014年6月23日(新增341 家转融券标的企业)以及2015年4月30日(新增268家转融券标的企业)。现有文献认为，中国资本市场上这一独有的转融券制度为研究卖空机制提供了绝佳的自然实验(苏东蔚、倪博，2018)：首先，转融券制度的推出，可融股票的供给量出现外生增加，大大降低了卖空交易成本，因而会影响卖空交易行为，从而满足相关性条件；其次，转融券标的并非依据某一企业特征选入，因此不太可能受股价崩盘风险的影响。而且，转融券制度与企业股价崩盘风险之间并无直接的因果关系，该制度影响股价崩盘风险只能通过融券供给量渠道。从这个意义上来讲，转融券制度形成的自然实验满足外生性条件。为了衡量转融券制度的短期因果效应，我们参照 Fang et al. (2014)\[22\]、陈海强等(2015)\[23\]、Brogaard et al. (2017)124\]的做法，只保留了2013年转融券制度推行前后各一年的数据，也即2012——2014年的数据。同时，在具体估计过程中，我们以2013年加入转融券名单的企业作为实验组'以没有加入转融券名单的融资融券标的企业作为对照组。此外，鉴于在双重差分估计过程中，需要具备足够的对照组，我们剔除了在2014年与2015年加入转融券名单的企业，因为这些企业占可卖空企业的比例太高，无法找到足够数量的对照组。具体地，我们采用如下双重差分模型检验3个假设：其中， treat 为组别虚拟变量，如果企业属于转融券标的，则取值为1，否则取值为 0； after，为事件虚拟变量，若样本观测值处于2013年及以后，则取值为1，否则取值为0。控制变量与模型 (1)保持一致。表4报告了双重差分估计结果，其中，第(1)列为假设1的估计结果，由表中可知， treat；，xafter的系数在5%统计水平下显著为负，这表明卖空交易抑制了股价崩盘风险。表4第(2)、(3)列为假设2的估计结果。在第(2)列的非两职合一组样本中， treat；，xafter，的系数不显著；在第(3)列的两职合一组样本中， treat，xafter，的系数在5%统计水平下显著为负。两列结果的差异表明，卖空机制对股价崩盘风险的抑制效应在管理层权力较高的企业中表现更加明显。表4第(4)、(5)列为假设3的估计结果。在第(4)列的高分析师跟踪频率样本中， treat；，xafter，的系数不显著；在第 (5)列的低分析师跟踪频率样本中，treat，，xafter的系数在5%统计水平下显著为负。两列结果的差异表明，空机制对股价崩盘风险的抑制效应在分析师跟踪频率较低的企业中表现更加明显。表4 卖空交易与股价崩盘风险：来自“转融券”制度的自然实验 \| 变量 \| (1) \| (2) \| (3) \| (4) \| (5) \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| treat x after \| \-0.1344\\ \| \-0.0778 \| \-0.3632\\ \| 0.0934 \| \-0.1382\\ \| \| \| (-2.13) \| (-1.12) \| (-2.41) \| (0.64) \| (-1.99) \| \| liquidity \| \-0.1053\\\* \| \-0.1041\\\* \| \-0.1236\\\* \| \-0.0942\\\* \| \-0.1170\\\* \| \| \| (-6.29) \| (-5.21) \| (-4.07) \| (-5.04) \| (-3.22) \| \| return \| \-0.7394\\\* \| \-0.9546\\\* \| \-0.3603 \| \-0.4645\\ \| \-2.1688\\\* \| \| \| (-4.30) \| (-4.80) \| (-1.05) \| (-2.51) \| (-4.81) \| \| totalassets \| \-0.0000\\\* \| \-0.0000\\\* \| \-0.0000\\ \| \-0.0000\\\* \| \-0.0000\* \| \| \| (-5.86) \| (-5.56) \| (-2.04) \| (-5.84) \| (-1.66) \| \| leverage \| \-0.8053\\\* \| \-0.8045\\\* \| \-0.5580\* \| \-0.8572\\\* \| \-0.7168\\ \| \| \| (-5.74) \| (-5.11) \| (-1.76) \| (-5.62) \| (-2.07) \| \| MB \| 0.0447\\ \| 0.0498\\ \| 0.0415 \| 0.0405\* \| 0.1237\\ \| \| \| (2.08) \| (2.16) \| (0.57) \| (1.65) \| (2.27) \| \| ROA \| 0.0267 \| 0.0118 \| 0.1111\* \| 0.0300 \| \-0.0859\* \| \| \| (1.19) \| (0.48) \| (1.94) \| (1.20) \| (-1.72) \| \| Constant \| 0.4256\\\* \| 0.3365\\\* \| 0.7977\\\* \| 0.4886\\\* \| \-0.3250 \| \| 年份行业 \| (5.30)Yes Yes \| (3.72) Yes Yes \| (4.49)Yes Yes \| (5.68) Yes Yes \| (-1.53)Yes Yes \| \| Observations \| 2，099 \| 1，752 \| 334 \| 1，760 \| 339 \| \| R -squared \| 0.065 \| 0.060 \| 0.126 \| 0.064 \| 0.157 \| 说明：\\\、\\、\分别表示1%、5%、10%水平上显著。括号内为t值。 (三)卖空交易与股价崩盘风险：机制检验上面的分析主要确定了卖空交易与股价崩盘风险的因果关系。接下来的疑问是，卖空交易是否通过企业信息透明度渠道对股价崩盘风险产生抑制效应?接下来，我们将通过传导机制检验回答这一疑问。其中，关于企业信息透明度的衡量方式，我们利用企业的盈余管理程度来衡量，具体公式如下：其中， TA，为企业应计总利润，T为上一期企业总资产， AS，为企业营业收入增加额， PPE为企业固定资产投资。回归方程中的8，即为该企业操纵性应计利润，可以衡量该企业的盈余管理水平(DA)，我们对其取绝对值，得到 DA，该值越大，表明企业盈余管理程度越高。为了保证回归结果的直观性，我们将 DA乘以(-1)得到DA1，该值越大，意味着企业信息透明度越高。表5为机制检验的回归结果。首先，我们检验卖空交易是否提高了企业信息透明度。第(1)列为二者关系的回归结果。由表中可知， treat ×after 的系数均在5%统计水平下显著为正，表明了卖空交易扩大了企业信息透明度。其次，我们在模型(4)的基础上加人卖空交易与企业信息透明度的交乘项( treat x afterxDA1)，检验交乘项的符号情况。由表5的第(2)列可知， treat x after x DA1 的系数在5%水平下显著为负，说明企业信息透明度越高的企业，往往更能促进卖空交易对股价崩盘风险的抑制效应。以上结果表明，卖空机制确实会通过扩大企业信息透明度来抑制股价崩盘风险。表5 卖空交易与股价崩盘风险：机制检验 \| 变量 \| (1)DA1 \| (2)CRASHRISK \| \| --- \| --- \| --- \| \| treat x after \| 0.0125\\ \| \-0.0672 \| \| \| (2.09) \| (-1.08) \| \| DA1 \| \| 0.6888\\\* \| \| \| \| (2.71) \| \| treat x after xDA1 \| \| \-1.4878\\ \| \| \| \| (-2.48) \| \| liquidity \| 0.0023 \| \-0.1237\\\* \| \| \| (1.26) \| (-6.85) \| \| return \| \-0.0911\\\* \| \-1.0162\\\* \| \| \| (-3.61) \| (-5.77) \| \| totalassets \| \-0.0000\\\* \| \-0.0000\\\* \| \| \| (-6.14) \| (-3.82) \| \| leverage \| 0.0223 \| \-0.8067\\\* \| \| \| (1.47) \| (-5.70) \| \| MB \| 0.0061\\\* \| 0.0674\\\* \| \| \| (3.19) \| (2.70) \| \| ROA \| 0.0238\\\* \| 0.0025 \| \| \| (10.12) \| (0.10) \| \| Constant \| 0.0926\\\* \| 0.1855 \| \| 年份行业 \| (11.77)Yes Yes \| (0.89) Yes Yes \| \| Observations \| 2，018 \| 1，905 \| \| R -squared \| 0.080 \| 0.128 \| 说明：\\\、\\、\分别表示1%、5%、10%水平上显著。括号内为 t值。 (四)卖空交易与股价崩盘风险：稳健性检验 1.变量替换本文使用的第二个股价崩盘风险的指标计算方法如下：首先，根据股票i经过市场调整后周收益率(W)是否大于年平均收益将股票收益数据分为上升阶段和下降阶段两个子样本，并分别计算两个子样本中股票收益的标准差，然后使用如下的模型计算 DUVOL： (6) 其中，n(n)为股票i的周特有收益W，大于(小于)年平均收益W的周数。 DUVOL，的数值越大，代表收益率分布更倾向于左偏，股价崩盘风险越大。回归结果如表6所示。第(1)列为假设1的检验结果， treat x after 的系数均在1%统计水平下显著为负；表6第(2)、(3)列为假设2的检验结果。其中，在第(2)列的非两职合一企业组中， treat x after 的系数不显著；在第(3)列的两职合一企业组中， treat x after 的系数显著为负。第(4)、(5)列为假设3的检验结果。其中，在第(4)列的高分析师跟踪频率企业组中，treat × after 的系数不显著；在第(5)列的低分析师跟踪频率企业组中， treat x after 的系数显著为负。上述结果表明了三个假设的回归结果是稳健的。表6 卖空交易与股价崩盘风险：变量替换 \| 变量 \| (1) \| (2) \| (3) \| (4) \| (5) \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| treat x after \| \-0.1739\\\* \| \-0.1014 \| \-0.4895\\\* \| \-0.0879 \| \-0.1526\\ \| \| \| (-3.17) \| (-1.64) \| (-3.74) \| (-0.76) \| (-2.49) \| \| liquidity \| \-0.0790\\\* \| \-0.0946\\\* \| \-0.0794\\\* \| \-0.0683\\\* \| \-0.0885\\\* \| \| \| (-5.41) \| (-5.15) \| (-3.01) \| (-4.14) \| (-3.07) \| \| return \| \-0.7749\\\* \| \-1.1838\\\* \| \-0.3461 \| \-0.5979\\\* \| \-1.6223\\\* \| \| \| (-5.17) \| (-6.64) \| (-1.16) \| (-3.67) \| (-4.54) \| \| totalassets \| \-0.0000\\\* \| \-0.0000\\\* \| \-0.0000 \| \-0.0000\\\* \| \-0.0000 \| \| \| (-6.19) \| (-5.70) \| (-1.45) \| (-6.06) \| (-1.07) \| \| leverage \| \-0.7959\\\* \| \-0.7711\\\* \| \-0.4522 \| \-0.8773\\\* \| \-0.4556\* \| \| \| (-6.51) \| (-5.33) \| (-1.64) \| (-6.52) \| (-1.66) \| \| MB \| 0.0477\\ \| 0.0733\\\* \| 0.0507 \| 0.0370\* \| 0.1138\\\* \| \| \| (2.55) \| (3.32) \| (0.80) \| (1.71) \| (2.63) \| \| ROA \| \-0.0128 \| \-0.0309 \| 0.0838\* \| \-0.0101 \| \-0.1122\\\* \| \| \| (-0.66) \| (-1.39) \| (1.69) \| (-0.46) \| (-2.84) \| \| Constant \| 0.3927\\\* \| 0.2320 \| 0.7057\\\* \| 0.4712\\\* \| \-0.4298\\ \| \| 年份行业 \| (5.62)Yes Yes \| (1.31)Yes Yes \| (4.57)Yes Yes \| (6.20)Yes Yes \| (-2.54)Yes Yes \| \| Observations \| 2，099 \| 1，665 \| 334 \| 1，760 \| 339 \| \| R -squared \| 0.068 \| 0.112 \| 0.109 \| 0.068 \| 0.198 \| 说明：\\\、\\、\分别表示1%、5%、10%水平上显著。括号内为 t值。 2.交乘项法检验假设2、3 表7的第(1)列用交乘项法检验假设2，为了更直观的呈现结果，我们将变量 ana 乘以(-1)，此时 ana 越大，分析师跟踪频率就越低，结果显示，treat × after x dual 的系数在5%统计水平下显著为负，表明管理层权力越大，卖空机制对股价崩盘风险的抑制效应就越强；第(2)列用交乘项法检验假设3，为了更直观的呈现结果，我们将变量 ana乘以(-1)，此时 ana 越大，分析师跟踪频率就越低，结果显示， treat x after x ana 的系数在5%统计水平下显著为负，表明分析师跟踪频率越低，卖空机制对股价崩盘风险的抑制效应就越强。表7 卖空交易与股价崩盘风险：交乘项法检验假设2、假设3 \| 变量 \| (1) \| (2) \| \| --- \| --- \| --- \| \| treat x after x dual treat x after xana \| \-0.3322\\ (-2.10) \| \-0.1546\\(-2.44) \| \| treat x after \| \-0.1656\\ \| \-0.2317\\\* \| \| \| (-2.33) \| (-3.21) \| \| dual \| 0.1715\\\* \| \| \| ana \| (3.00) \| \-0.3851\\\(-6.50) \| \| liquidity \| \-0.1238\\\ \| \-0.1225\\\* \| \| \| (-6.85) \| (-6.95) \| \| return \| \-1.1885\\\* \| \-1.0433\\\* \| \| \| (-7.06) \| (-6.26) \| \| totalassets \| \-0.0000\\\* \| \-0.0000\\\* \| \| \| (-3.81) \| (-4.05) \| \| leverage \| \-0.7025\\\* \| \-0.8224\\\* \| \| \| (-4.99) \| (-5.93) \| \| MB \| 0.0557\\ \| 0.0764\\\* \| \| \| (2.37) \| (3.26) \| \| ROA \| 0.0143 \| 0.0016 \| \| \| (0.58) \| (0.06) \| \| Constant \| 0.1774 \| \-0.0577 \| \| 年份行业 \| (0.87)Yes Yes \| (-0.29) Yes Yes \| \| Observations \| 1，971 \| 1，984 \| \| R -squared \| 0.117 \| 0.131 \| 说明：\\\、\\、\分别表示1%、5%、10%水平上显著。括号内为t值。四、结论本文利用2010-2014年中国上市公司数据，考察了卖空交易对股价崩盘风险的因果影响，实证结果表明：(1)卖空交易降低了股价崩盘风险，且这一作用效果在管理层权力更大的企业以及分析师跟踪频率更少的企业中表现更加明显，在利用“转融券制度”构造的自然实验缓解内生性问题后，上述结论依然稳健；(2)在对作用机制的考察中发现，卖空交易主要通过扩大企业信息透明度来降低股价崩盘风险。上述研究结果表明，卖空交易确实会抑制股价崩盘风险，进而起到稳定资本市场的作用。这一研究结果丰富了卖空交易与股价崩盘风险的相关文献，同时还具有以下政策启示：首先，应该扩大融券标的范围，以便更充分地发挥卖空机制的股价崩盘风险抑制效应；其次，在选择融券标的时，应该把企业信息透明度作为重要的参考标准，尽量选择那些信息透明度较低的企业(例如管理层权力较大的企业以及分析师跟踪频率较低的企业)加入可卖空名单，进而更好地发挥卖空投资者的负面信息挖掘能力；最后，鉴于中国卖空投资者和卖空交易量相对较少的现状，应该逐渐降低卖空交易门槛，使更多的卖空投资者参与到市场交易中。参考文献： \[1\]顾乃康，周艳利.卖空的事前威慑、公司治理与企业融资行为——基于融资融券制度的准自然实验检验\[J\].管理世界(2). \[2\]顾琪，陆蓉.金融市场的“劣汰”机制——基于卖空机制与盈余管理的研究\[J\].财贸经济，2016(5). \[3\]Diamond D W， Verrecchia R E. 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Journal of Financial Economics， 2006(79). \[11\]许年行，江轩宇，伊志宏，徐信忠.分析师利益冲突、乐观偏差与股价崩盘风险\[J\].经济研究，2012(7). \[12\]王化成，曹丰，叶康涛.监督还是掏空：大股东持股比例与股价崩盘风险\[J\].管理世界，2015(2). \[13\]权小锋，吴世农，尹洪英.企业社会责任与股价崩盘风险：“价值利器”或“自利工具”?\[J\].经济研究，2015(11). \[14\]于上尧.机构投资者羊群行为与股价崩盘风险\[J\].管理世界，2013(7). \[15\]罗进辉，杜兴强.媒体报道、制度环境与股价崩盘风险\[J\].会计研究，2014(9). \[16\]陆瑶，彭章，冯佳琪.融资融券对上市公司治理影响的研究\[J\].管理科学学报，2018(11). \[17\]Kwangjoo K ，Jonghwan K . CEO power and firm opacity\[J\]. Applied Economics Letters，2018(1). \[18\]Liu Y ，Jiraporn P. The effect of CEO power on bond ratings and yields\[J\]. Journal of Empirical Finance，2010(4). \[19\]李春涛，宋敏，张璇.分析师跟踪与企业盈余管理——来自中国上市公司的证据\[J\].金融研究，2014(7). \[20\]陈怡欣，张俊瑞，汪方军.卖空机制对上市公司创新的影响研究——基于我国融资融券制度的自然实验\[J\].南开管理评论，2018(2). \[21\]赵汝为，熊熊，沈德华.投资者情绪与股价崩盘风险：来自中国市场的经验证据\[J\].管理评论，2019(3). \[22\]Fang V W，Tian X ，Tice S . Does Stock Liquidity Enhance or Impede Firm Innovation? \[J\]. The Journal of Finance，2014(5). \[23\]陈海强，韩乾，吴锴.融资约束抑制技术效率提升吗?——基于制造业微观数据的实证研究\[J\].金融研究，2015(10). \[24\]Brogaard J，Li D ， Xia Y . Stock Liquidity and Default Risk\[J\]. Journal of Financial Economics，2017(124). 收稿日期 2019-12-03 责任编辑刘梅	__label__neg	null	null	null	null	null
zh	N/A	N/A	互联网普及、小额贷款公司与普惠金融发展基于中介效应模型的分析陈晶，李小悦，万宝宇 (沈阳工业大学经济学院，沈阳110870) 摘要：选取2009—2018年中国内地31个省(自治区、直辖市)的面板数据利用中介效应模型分析互联网普及对普惠金融发展总的直接效应及小额货款公司对我国普惠金融的中介效应和间接效应。研究结果表明：我国互联网普及率提高借由对小额贷款公司的影响进而对普惠金融发展指数产生显著的中介效应；分区域的回归方程组显示在小额货款公司融资规模较高而互联网普及程度较低的西部地区出现了较为显著的中介效应在其他互联网普及程度较高地区存在遮掩效应或互联网普及程度、小额贷款公司规模与普惠金融之间不存在显著的传导机制。小额货款公司要突破目前的发展困境需要充分利用互联网技术拓展业务渠道落实“小额、分散、金融支持衫村振兴”的理念更好地服务于普惠金融发展目标。关键词：普惠金融；小额贷款公司；互联网普及；中介效应中图分类号：F424.6 文献标志码：A 文章编号：1674-0823(2021)06-0534-09 小额贷款公司(以下简称小贷公司)作为传统民间融资的重要组成部分，曾在缓解民营企业融资约束、促进金融资源优化配置方面起到了重要作用。特别是近年来我国为推动大众仓业、万众创新以及提高低收入人口收入而制定和实施了各项促进普惠金融发展的政策措施小贷公司作为正规金融的有效补充，曾在对小微企业贷款、对农村居民和城镇低收入群体实行金融扶贫中发挥了积极的普惠金融作用。但自2015年以来我国小贷公司呈现整体发展放缓、机构数量和年新增贷款额不断下降的趋势。在互联网普及程度不断提高的今天各种数字金融平台都设计出灵活多样的小额信贷产品。 _一_ 一方面互联网普及程度的提高促进了数字普惠金融的发展；另一方面数字金融平台极大地冲击着实体小贷公司的业务量和生存发展空间。小贷公司能否继续在普惠金融创新发展中起到积极的推动作用未来何去何从是当前亟待思考和探讨的问题。一、文献综述普惠金融的概念来源于英文“Inclusive Fi-nancial System”，又称包容性金融，是联合国在 “2005年国际小额信贷年”提出的概念指各国政府通过政策扶持和体系构建，能够以合理的成本为贫困人口、低收入群体和小微企业等弱势群体提供多样化的金融服务建立起能够有效、全方位地为社会所有阶层和群体提供服务的金融体系。普惠金融并不强调金融机构的利润和经济效率的最大化，而是要使那些被排斥在金融体系之外的经济主体能够以可负担的成本享受金融服务。最早对普惠金融发展程度的量化测算作出贡献的学者 Beck 等就银行覆盖面的可得性与使用性提出指标依据之后 Sarma 将普惠金融指数分为地理渗透性、金融可得性和金融效用性3个维度进行测算3。在普惠金融发展水平得以有效测量的基础上 Demirguc-Kunt 等从金融发展深度与广度层面指出普惠金融体系的完善与发展能够有效促进经济增长、银行业的发展以及为贫困人口提供生活保障4-61。我国小贷公司作为非正规金融的重要组成部分在改革开放后民间借贷市场贷款规模不断扩张的过程中，为那些被正规金融机构拒之门外的小微企业提供了大量融资支持，被赋予了更多的社会使命去促进并实现普惠金融发展目标。2008 收稿日期：2021-03-24 基金项目：辽宁省教育厅一般项目(WJGD2020007)；辽宁省双一流建设项目(FWDFGD2020038)。作者简介：陈晶(1974-)女辽宁沈阳人副教授，博士主要从事金融学、产业经济学等方面的研究。 *\本文已于2021-10-25 18：25 在中国知网优先数字出版。网络出版地址： hup： / kns. cnki. nel/kcms/delail/21.1558. C.20211022.1655.008.hlm\] 年人民银行和银保监会联合发布的《关于小额货款公司试点的指导意见》明确指出发展小贷公司是为了“有效配置金融资源引导资金流向农村和欠发达地区，改善农村地区金融服务”。在此意见指引下2008—2015年间小贷公司获得了迅速发展仅2009年机构数就比2008年末增加了1104家达到1334家；贷款余额比2008年末增加689.38亿元同比增长近9倍。这一时期的小贷公司为私营企业及个体经济、农业、工业和商业发展提供了强有力的资金保障切实践行了普惠金融的发展理念和初衷。但2015年至今小贷公司增速开始放缓，在有些省市如河北、内蒙古、上海、安徽、四川等地区机构数量减少全国每年都有几百家小贷公司被市场淘汰；现存小贷公司的贷款余额也逐渐减少，每年至少1/3的公司不能实现盈利\[。关于小贷公司在多大程度上接近普惠金融发展目标在学术界也存在不同观点。郭峰使用山东省相关数据得出研究结论认为小贷公司通过扩大贷款规模、提高对“三农”的支持、降低贷款利率、提高短期贷款占比等措施都能对普惠金融发展产生积极影响。范亚辰等研究认为小贷公司由于无抵押、免担保等低门槛的贷款条件，已经成为累积并溢出金融风险的重要来源对小贷公司进行融资约束会提高社会绩效进而提高其风险承担水平1101。除了自身的金融风险受到监管部门的重视和约束小贷公司在近几年还受到互联网技术在金融领域应用推广的影响。林鑫研究发现，市场份额较高的几大电商平台都推出了小额贷款业务，互联网小额贷款金额不断攀升，形成了对实体小贷公司的巨大冲击。在我国互联网普及程度较高的内陆城镇和东南沿海地区互联网信贷、互联网投资理财、互联网支付等以互联网技术为基础的金融业务在传统金融机构和非金融机构广泛开展其业务领域几乎覆盖了对于小额分散资金的所有投融资需求极大冲击着小贷公司的生存发展\[12-13\]。当前我国小贷公司正面临严峻的发展困境，在正规金融逐步建立数字金融体系、互联网金融快速扩张、金融监管机构收紧融资约束等多重因素的“夹击”下小贷公司如何突破瓶颈实现可持续发展成为亟待解决的问题。本文仅就互联网普及程度提高对小贷公司的竞争性和冲击性以及由此影响到小贷公司服务于普惠金融发展目标的程度进行量化分析，试图在互联网技术应用领域不断扩张的时代背景下，探索适合我国小贷公司长远发展的路径切实践行普惠金融发展目标对因地制宜地制定小贷公司区域性发展战略提供借鉴和启发。二、理论分析基于小贷公司促进普惠金融发展与互联网技术在金融领域的应用三者之间的相互关系本文认为使用中介效应模型进行研究和检验较为妥当：互联网普及程度的提高，一方面可以促进数字金融平台的发展有效打破地域限制为偏远地区缺少金融机构网点的企业和贫困人口提供金融服务从而更好地服务于普惠金融发展目标；另一方面数字金融平台对实体小贷公司的经营领域形成了竞争和冲击。互联网普及既直接对普惠金融发展产生影响，同时又通过小贷公司间接对普惠金融产生中介效应。由此本文将互联网技术应用推广、小额贷款公司服务普惠金融的传导机制概括为以下路径，如图1所示。图1 互联网技术应用推广对普惠金融和小贷公司影响的传导机制三、模型设定与数据选取 1.中介效应模型简介 1925—1930年英国化学家克里斯托夫·英果尔德创立了中介论。他认为在常态下具有不饱和体系的分子中存在着电子转移，由这种电子转移所产生的效应称为中介效应。这一理论之后被广泛地应用于社会科学领域的研究中。考虑自变量X对因变量Y的影响如果X通过影响变量M而对Y产生影响，则称M为中介变量。可以用下列回归方程来描述中介效应模型变量之间的关系：其中：方程(1)的系数c为自变量X对因变量Y总的直接效应。方程(2)的系数a为自变量X对中介变量M的效应。方程(3)的系数b是在控制自变量X的影响后，中介变量M对因变量Y的效应；系数c是在控制了中介变量M的影响后，自变量X对因变量Y的直接效应；e~e，为回归残差。这样在简单的中介效应模型中，中介效应就等于系数a和b的乘积，即ab.总效应、直接效应和中介效应三者之间的关系为c=c+ab114\]。检验中介效应的常用方法是逐步检验回归系数法即通常说的逐步法：首先检验方程(1)的系数c(即检验H：c=0)。其次依次检验方程(2)的系数a(即检验H：a=0)和方程(3)的系数b(即检验H：b=0)。如果方程(1)的系数c显著方程(2)、(3)的系数a和b均显著则中介效应显著；如果方程(1)系数c不显著则说明X对Y的影响不显著但是如果a和b显著则说明存在间接效应；如果间接效应和直接效应c符号相反总效应就出现了被遮掩的情况，可能存在“遮掩效应”【15\]；如果方程(3)的系数c不显著，则属于完全中介效应。中介效应是以c显著为前提的如果c不显著而a和b显著则说明存在X对Y的间接效应。中介效应一定是间接效应，而间接效应不一定是中介效应\[16\]。 2.互联网普及、小贷公司、普惠金融的中介效应模型将基准模型选取的被解释变量设为普惠金融指数(IFI)解释变量包括互联网普及指数(INT)和3个小贷公司发展指标的归一化指数：小贷公司贷款余额指数(MCL)、小贷公司实收资本指数(MCC)和小贷公司机构数量指数(MCQ)。根据中介效应模型设定5个回归方程，如方程(4)~(8)所示。方程(4)的系数c，代表互联网普及应用对普惠金融发展总的直接效应；方程(5)~(7)的系数αB和yi分别体现了互联网普及应用对小贷公司贷款余额、实收资本和机构数量的影响；方程(8)的系数中2中和中4是在控制了互联网普及指数INT 的情况下，作为中介变量的小贷公司的3个指标对普惠金融发展指数 IFI的影响。各变量之间的相互作用关系如图2所示。根据温忠麟等对于中介效应检验流程的深入探讨首先检验方程(4)的系数c，，如果显著则说明互联网普及对于普惠金融的发展存在总效应。然后依次检验方程(5)~(8)的系数αB、y和中2中3中4的显著性，如果均显著则说明中介效应显著；如果方程(8)的系数中不显著，说明直接效应不显著存在完全中介效应。第三步分别比较α中2和中B中和中y中4和中的符号如果同号则属于部分中介效应中介效应占总效应的比例分别为 α中z/cBi中3/c，和yi中a/c；如果异号则属于遮掩效应，中介效应与直接效应α中2比例的绝对值为 B中3和Y1中4 图2 互联网普及指数、小货公司发展与普惠金融中介效应模型 3.指标与数据来源选取中国内陆31个省(自治区、直辖市)2009一2018年的面板数据作为样本数据数据来源于历年的《中国统计年鉴》《中国金融年鉴》万得数据库和《中国区域金融运行报告》，2009年、2014年、2018年各省(自治区、直辖市)的普惠金融指数测算值如表1所示。表1 我国内陆各省(自治区、直辖市)普惠金融指数 \| 省(自治区、直辖市) \| 2009年 \| 2014年 \| 2018年 \| \| --- \| --- \| --- \| --- \| \| 北京 \| 0.688 \| 0.606 \| 0.634 \| \| 天津 \| 0.430 \| 0.350 \| 0.429 \| \| 河北 \| 0.170 \| 0.166 \| 0.165 \| \| 山西 \| 0.237 \| 0.223 \| 0.227 \| \| 内蒙古 \| 0.126 \| 0.139 \| 0.182 \| \| 辽宁 \| 0.205 \| 0.203 \| 0.247 \| \| 吉林 \| 0.166 \| 0.153 \| 0.215 \| \| 黑龙江 \| 0.149 \| 0.152 \| 0.182 \| \| 上海 \| 0.651 \| 0.696 \| 0.677 \| \| 江苏 \| 0.208 \| 0.228 \| 0.234 \| \| 浙江 \| 0.344 \| 0.346 \| 0.340 \| \| 安徽 \| 0.124 \| 0.134 \| 0.121 \| \| 福建 \| 0.183 \| 0.180 \| 0.156 \| \| 江西 \| 0.120 \| 0.131 \| 0.136 \| \| 山东 \| 0.152 \| 0.153 \| 0.169 \| \| 河南 \| 0.114 \| 0.114 \| 0.115 \| \| 湖北 \| 0.133 \| 0.121 \| 0.116 \| \| 湖南 \| 0.117 \| 0.101 \| 0.109 \| \| 广东 \| 0.248 \| 0.255 \| 0.244 \| \| 表1(续) \| \| \| \| \| --- \| --- \| --- \| --- \| \| 省(自治区、直辖市) \| 2009年 \| 2014年 \| 2018年 \| \| 海南 \| 0.191 \| 0.195 \| 0.204 \| \| 广西 \| 0.095 \| 0.103 \| 0.110 \| \| 重庆 \| 0.187 \| 0.214 \| 0.173 \| \| 四川 \| 0.166 \| 0.195 \| 0.181 \| \| 贵州 \| 0.116 \| 0.123 \| 0.138 \| \| 云南 \| 0.143 \| 0.120 \| 0.089 \| \| 西藏 \| 0.095 \| 0.157 \| 0.181 \| \| 陕西 \| 0.187 \| 0.184 \| 0.186 \| \| 甘肃 \| 0.165 \| 0.191 \| 0.210 \| \| 青海 \| 0.174 \| 0.205 \| 0.210 \| \| 宁夏 \| 0.203 \| 0.211 \| 0.213 \| \| 新疆 \| 0.133 \| 0.158 \| 0.143 \| 使用两阶段最小二乘法进行非平衡面板数据的回归分析。基准模型和中介效应模型中的变量包括普惠金融指数(IFI)、小贷公司贷款余额归一化指数(MCL)、实收资本(MCC)和机构数量(MCQ)的归一化指数，以及互联网普及指数(INT)。工具变量包括人均地区生产总值第一、二、三产业增加值外商投资企业进出口总额社会消费品零售总额，个体户数私营企业户数\[18。 (1)普惠金融指数普惠金融指数借鉴了联合国构建人类发展指数的思路119\]采用变异系数法具体测算公式为式中：IFI为第i个地区的普惠金融指数；E为第k个维度的测度值；w.为第k个维度的权重。普惠金融指数 IFIe \[01\]当IFI等于1时表示完全不存在金融排斥普惠金融水平最高；反之则普惠金融水平较低201。观测期内第i个指标第k个维度测度公式为式中：wk；为熵值法计算出的权重 pks=(a/A.)/Z(叮/A)其中o：表示观测期内第范个指标的标准差A.表示观测期内第i个指标的均值； yiks为对第i个省份第k项指标进行标准化处理后Xiks-mintaer}的值 yikf== max{x)-min{x) 因此E越大表示第i个指标的实际观测值越接近最优值代表其反映的普惠金融发展水平越高。借鉴 Finscope、AFI、World Bank 等研究机构对普惠金融的定义从4个维度构建普惠金融指数：金融服务的渗透度选取每万人拥有的金融机构服务人员数和网点数、每万平方千米的金融机构服务人员数和网点数这4个指标；金融服务的可获得性包括人均存款余额、人均贷款余额和人均储蓄存款余额；金融服务的使用效用性包括银行存款总额占 GDP比重、银行贷款总额占 GDP比重和储蓄存款余额占 GDP比重；用户受金融服务价格影响程度选取人民币一般贷款加权平均利率。这样，共得到11个指标变量21。 (2)小贷公司归一化指数及互联网普及指数为防止计量中指标单位量纲不同导致的回归结果不稳定性在基准模型和中介效应模型中所选取的变量都采用无量纲化处理。其中小贷公司的3个指标-——贷款余额、实收资本和机构数量分别采用标准化法即归一法处理。与普惠金融指数中yiks的建立方法一致取每期观测值与同期观测值的差再与同期最大值和最小值的差进行比较x'=一x-mii1nn得到3个归一化指数：MCL max-min(小贷公司贷款余额)、MCC(实收资本)、MCQ (机构数量)。互联网普及指数的构建方法与普惠金融指数中的E：k一致，选取各地区互联网上网人数、互联网宽带接入端口数和移动互联网用户数分别计算出历年3个指标的权重后再与其归一化指数相乘122得到互联网普及指数。经去量纲测算后 2009年、2018年有关指数分别如表2、3所示。表2 我国内陆各省(自治区、直辖市)互联网普及指数 \| 省(自治区、 \| 2009年2018年 \| \| 省(自治区、 \| 2009年2018年 \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 直辖市) \| \| \| 直辖市) \| \| \| \| 北京 \| 0.270 \| 0.216 \| 湖北 \| 0.268 \| 0.343 \| \| 天津 \| 0.102 \| 0.092 \| 湖南 \| 0.249 \| 0.356 \| \| 河北 \| 0.393 \| 0.481 \| 广东 \| 1.000 \| 1.000 \| \| 山西 \| 0.211 \| 0.226 \| 海南 \| 0.038 \| 0.051 \| \| 内蒙古 \| 0.102 \| 0.152 \| 广西 \| 0.214 \| 0.292 \| \| 辽宁 \| 0.330 \| 0.332 \| 重庆 \| 0.158 \| 0.210 \| \| 吉林 \| 0.150 \| 0.160 \| 四川 \| 0.307 \| 0.542 \| \| 黑龙江 \| 0.192 \| 0.219 \| 贵州 \| 0.097 \| 0.192 \| \| 上海 \| 0.306 \| 0.203 \| 云南 \| 0.149 \| 0.239 \| \| 江苏 \| 0.596 \| 0.667 \| 西藏 \| 0.000 \| 0.000 \| \| 浙江 \| 0.521 \| 0.545 \| 陕西 \| 0.173 \| 0.248 \| \| 安徽 \| 0.239 \| 0.357 \| 甘肃 \| 0.080 \| 0.128 \| \| 福建 \| 0.296 \| 0.319 \| 青海 \| 0.015 \| 0.021 \| \| 江西 \| 0.154 \| 0.243 \| 宁夏 \| 0.016 \| 0.031 \| \| 山东 \| 0.578 \| 0.673 \| 新疆 \| 0.106 \| 0.155 \| \| 河南 \| 0.400 \| 0.549 \| \| \| \| 由表2可知，上海、北京和天津一直是普惠金融发展程度较高的地区，而西藏、贵州和内蒙古3个地区的普惠金融发展程度一直较低。互联网普及程度最高、发展最快的省份是广东江苏、山东紧随其后西藏目前仍然是互联网普及程度最低的省份。表3 我国内陆各省(自治区、直辖市)小贷公司货款余额、实收资本、机构数量归一化指数 \| 省(自治区、 \| \| 贷款余额 \| 实收资本 \| \| \| 机构数量 \| 省(自治区、 \| \| 贷款余额 \| \| 实收资本 \| 机构数量 \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| --- \| \| 直辖市) \| 2009年2018年2009年2018年2009年2018年 \| \| \| \| \| \| 直辖市) \| 2009年2018年2009年2018年2009年2018年 \| \| \| \| \| \| \| 北京 \| 0.042 \| 0.089 \| 0.066 \| 0.142 \| 0.054 \| 0.132 \| 湖北 \| 0.049 \| 0.208 \| 0.062 \| 0.348 \| 0.169 \| 0.425 \| \| 天津 \| 0.042 \| 0.080 \| 0.085 \| 0.122 \| 0.115 \| 0.125 \| 湖南 \| 0.035 \| 0.060 \| 0.020 \| 0.102 \| 0.054 \| 0.176 \| \| 河北 \| 0.410 \| 0.164 \| 0.588 \| 0.279 \| 0.892 \| 0.681 \| 广东 \| 0.234 \| 0.578 \| 0.354{ \| 0.801 \| 0.419 \| 0.725 \| \| 山西 \| 0.274 \| 0.108 \| 0.368 \| 0.201 \| 0.568 \| 0.445 \| 海南 \| 0.001 \| 0.036 \| 0.004{ \| 0.052 \| 0.000 \| 0.064 \| \| 内蒙古 \| 0.553 \| 0.174 \| 0.745 \| 0.290 \| 1.000 \| 0.559 \| 广西 \| 0.018 \| 0.332 \| 0.036 \| 0.304 \| 0.088 \| 0.467 \| \| 辽宁 \| 0.146 \| 0.206 \| 0.246 \| 0.411 \| 0.554 \| 0.831 \| 重庆 \| 0.192 \| 1.000 \| 0.249 \| 1.000 \| 0.324 \| 0.402 \| \| 吉林 \| 0.061 \| 0.065 \| 0.094 \| 0.152 \| 0.345 \| 0.818 \| 四川 \| 0.069 \| 0.407 \| 0.106 \| 0.609 \| 0.115 \| 0.485 \| \| 黑龙江 \| 0.043 \| 0.065 \| 0.077 \| 0.138 \| 0.277 \| 0.383 \| 贵州 \| 0.058 \| 0.044 \| 0.090 \| 0.085 \| 0.304 \| 0.430 \| \| 上海 \| 0.162 \| 0.145 \| 0.197 0.231 \| \| 0.20910.176 \| \| 云南 \| 0.089 \| 0.075 \| 0.120 \| 0.130 \| 0.351 \| 0.401 \| \| 江苏 \| 0.556 \| 0.652 \| 0.587 \| 0.954 \| 0.561 \| 1.000 \| 西藏 \| 0.000 \| 0.000 \| 0.001 \| 0.000 \| 0.000 \| 0.000 \| \| 浙江 \| 1.000 \| 0.471 \| 1.000 \| 0.685 \| 0.655 \| 0.503 \| 陕西 \| 0.1040.160 \| \| 0.164 0.275 \| \| 0.203 \| 0.409 \| \| 安徽 \| 0.294 \| 0.304 \| 0.337 \| 0.418 \| 0.655 \| 0.684 \| 甘肃 \| 0.021 \| 0.079 \| 0.036 \| 0.177 \| 0.162 \| 0.508 \| \| 福建 \| 0.021 \| 0.202 \| 0.020 \| 0.292 \| 0.000 \| 0.163 \| 青海 \| 0.002 \| 0.022 \| 0.000 \| 0.035 \| 0.014 \| 0.096 \| \| 江西 \| 0.048 \| 0.162 \| 0.067 \| 0.265 \| 0.081 \| 0.300 \| 宁夏 \| 0.079 \| 0.023 \| 0.093 \| 0.047 \| 0.257 \| 0.174 \| \| 山东 \| 0.210 \| 0.341 \| 0.263 \| 0.514 \| 0.284 \| 0.503 \| 新疆 \| 0.031 \| 0.132 \| 0.036 \| 0.195 \| 0.047 \| 0.428 \| \| 河南 \| 0.019 \| 0.155 \| 0.040 \| 0.232 \| 0.122 \| 0.396 \| \| \| \| \| \| \| \| 由表3可知从小贷公司的贷款余额、实收资本和机构数量3个指标看2018年重庆、江苏、吉林和辽宁处于领先地位，广西在这10年中发展最为迅速而西藏、海南和青海这3个指标几乎都是最低的。四、回归模型估计与检验 1.我国内陆31个省(自治区、直辖市)总体回归分析对多元回归方程(4)~(8)进行两阶段最小二乘法的固定效应模型估计结果如表4所示。根据中介效应模型的假设检验和估计结果可知在方程(4)中互联网普及指数对普惠金融发展有显著的总效应互联网普及指数每增加1个单位将推动普惠金融指数增加0.131个单位。方程(5)和(6) 中互联网普及对小贷公司贷款余额和实收资本的影响系数较高但仅通过了10%的显著性检验；方程(7)中互联网普及指数对小贷公司机构数量的影响系数显著为负且达到了1%的显著性水平，说明互联网普及程度越高的地区小贷公司数量越少。方程(8)中在同时控制了小贷公司3个指标的情况下互联网普及指数对于普惠金融的影响是不显著的，说明直接效应不明显；而小贷公司3个指标均通过了5%的显著性检验并且小贷公司机构数量对普惠金融具有负向影响，结果符合中介效应模型假设及本文之前的判断，即我国的互联网普及推广对普惠金融的影响存在完全中介效应小贷公司作为中介既受到互联网普及水平的影响，又对普惠金融发展产生作用。 \| 解释变量 \| 被解释变量 \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 解释变量 \| (4)普惠金融(5)小货公司贷款(6)小贷公司实收(7)小贷公司机构(8)普惠金融 \| \| \| \| \| \| 解释变量 \| 指数 \| 余额归一化指数 \| 资本归一化指数 \| 数量归一化指数 \| 指数 \| \| 互联网应用指数 \| 0.131\\\* \| 1.111 \| 0.703 \| \-0.806\\\* \| \-0.011 \| \| 小贷公司货款余额归一化指数 \| \| \| \| \| 0.081\\ \| \| 小贷公司货款余额归一化指数滞后项 \| \| 0.424\\ \| \| \| \| \| 解释变量 \| 被解释变量 \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 解释变量 \| (4)普惠金融(5)小贷公司贷款(6)小贷公司实收(7)小贷公司机构(8)普惠金融 \| \| \| \| \| \| 解释变量 \| 指数 \| 余额归一化指数 \| 资本归一化指数 \| 数量归一化指数 \| 指数 \| \| 实收资本归一化指数 \| \| \| \| \| 0.086\\ \| \| 实收资本归一化指数滞后项 \| 0.682\\ \| \| \| \| \| \| 机构数量归一化指数 \| \| \| \| 0.596\\ \| \-0.207\\ \| \| 机构数量归一化指数滞后项 \| \| \| \| 0.596\\ \| \| \| 普惠金融指数滞后项 \| 0.611 \| \| \| 0.596\\ \| 0.556 \| \| 常数项 \| 0.044\\ \| \-0.201\\ \| \-0.118\* \| 0.421\\\* \| 0.143\\\* \| \| 拟合度R \| 0.991 \| 0.907 \| 0.963 \| 0.965 \| 0.981 \| \| F值 \| \| 36.941 \| 109.073 \| 123.837 \| 627.691 \| \| D.W.值 \| \| 1.245 \| 1.417 \| 1.872 \| 1.109 \| \| 观测值 \| 247 \| 279 \| 248 \| 248 \| 247 \| 注：°表示P值<0.1，\\表示P值<0.05，\\\表示P值<0.01；下同。* 根据上文的中介效应检验步骤方程(8)中的互联网普及指数不显著说明在控制了小贷公司指标后互联网普及对普惠金融的直接效应比较微弱而小贷公司的中介效应较为突出。方程(8)中互联网普及指数的系数为负导致α中和中中和中y中4和中的符号为异号表明存在遮掩效应。小贷公司贷款余额、实收资本和机构数量对于互联网普及指数的中介效应分别为0.089、0.060、0.166，中介效应与直接效应的比例绝对值分别为8.181、5.496、15.167。 2.不同区城回归结果比较分析考虑到不同省份互联网普及和小贷公司发展程度的差异按照国家统计局对于东部、西部、东北部和中部地区的划分对不同区域的省市再次进行面板数据回归分析结果显示区域之间的中介效应和遮掩效应存在较大差异。从全部基准方程和中介效应以及直接效应方程的回归结果看在西部地区方程(4)中互联网普及指数对于普惠金融总的直接效应虽然不显著但是方程(5)~(8)的相关系数显著性都在10%以上可以判断互联网技术在金融领域的普及应用经由小贷公司对普惠金融产生了间接效应。具体看：此中2与中异号、中和中异号表明存在遮掩效应并且小贷公司贷款余额和实收资本的中介效应与直接效应比例的绝对值分别为0.182和0.40；y中4和中同号表明存在部分中介效应，中介效应与总效应的比值为1.520。在中部地区只有小贷公司机构数量指标显示出较高的中介效应，中介效应为0.513；y中4和中的符号相反表明存在遮掩效应，中介效应与直接效应的比例绝对值为1.380。在东部地区几乎所有方程的显著性均未通过T检验；东北地区只有互联网普及指数作为唯一自变量的方程显示出较高的显著性，其他方程系数均未通过显著性检验(具体方程限于篇幅未全部列出)。也就是说，虽然这些地区互联网普及程度的提高会对普惠金融发展产生直接影响，但在控制了小贷公司的各项指标后这种影响消失了表明在东部和东北部地区互联网普及、小贷公司发展与普惠金融发展没有构成中介效应的传导机制。具体回归分析结果如表5所示。表5 各区域基准方程回归结果 \| 解释变量 \| 中部地区被解释变量 \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 解释变量 \| (4)普惠金融(5)小贷公司货款(6)小贷公司实收(7)小贷公司机构(8)普惠金融 \| \| \| \| \| \| 解释变量 \| 指数 \| 余额归一化指数 \| 资本归一化指数 \| 数量归一化指数 \| 指数 \| \| 互联网应用指数 \| *0.23333\\\ \| \-0.294 \| 0.205 \| \-0.91\\ \| \-0.372 \| \| 小贷公司货款余额归一化指数 \| \| \| \| \| \-0.293 \| \| 小贷公司货款余额归一化指数滞后项 \| \| 0.740 \| \| \| \| \| 实收资本归一化指数 \| \| \| \| \| 0.749\\ \| 表5(续) \| 解释变量 \| 中部地区被解释变量 \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| 解释变量 \| (4)普惠金融(5)小货公司货款(6)小货公司实收(7)小贷公司机构(8)普惠金融 \| \| \| \| \| \| 解释变量 \| 指数 \| 余额归一化指数 \| 资本归一化指数 \| 数量归一化指数 \| 指数 \| \| 实收资本归一化指数滞后项 \| 0.745 \| \| \| \| \| \| 机构数量归一化指数 \| \| \| \| \| \-0.564 \| \| 机构数量归一化指数滞后项 \| \| \| \| 0.624 \| \-0.564 \| \| 普惠金融指数滞后项 \| \-0.021\\\* \| \| \| 0.624 \| \-1.619 \| \| 常数项 \| 0.068 \| 0.148 \| 0.000 \| 0.471 \| 0.615 \| \| R \| 0.948 \| 0.781 \| 0.904 \| 0.934 \| 0.792 \| \| F值 \| 106.319 \| 29.977 \| 80.249 \| 109.775 \| 128.820 \| \| D.W.值 \| 2.178 \| 2.384 \| 2.465 \| 2.590 \| 1.607 \| \| 观测值 \| 48 \| 48 \| 48 \| 48 \| 48 \| \| 西部地区被解释变量 \| \| \| --- \| --- \| \| 解释变量 \| (4)普惠金融(5)小货公司货款(6)小货公司实收(7)小贷公司机构(8)普惠金融 \| \| \| \| \| \| --- \| --- \| --- \| --- \| --- \| --- \| \| \| 指数 \| 余额归一化指数 \| 资本归一化指数 \| 数量归一化指数 \| 指数 \| \| 互联网应用指数 \| 0.049 \| \-0.272 \| 0.470\\ \| \-1.290\\ \| 0.352 \| \| 小贷公司贷款余额归一化指数 \| \| \| \| \| 0.235\\ \| \| 小贷公司货款余额归一化指数 \| \| \| \| \| \| \| 滞后项 \| \| 0.829 \| \| \| \| \| 实收资本归一化指数 \| \| \| \| \| \-0.301\\ \| \| 实收资本归一化指数滞后项 \| \| \| 0.775 \| \| \| \| 机构数量归一化指数 \| \| \| \| \| \-0.058 \| \| 机构数量归一化指数滞后项 \| \| \| \| 0.871\\\* \| \| \| 普惠金融指数滞后项 \| 0.691\\\* \| \| \| \| \-0.812 \| \| 常数项 \| 0.043 \| 0.089 \| \-0.023 \| 0.287 \| 0.014 \| \| R \| 0.914 \| 0.921 \| 0.954 \| 0.957 \| 0.798 \| \| F值 \| 68.765 \| 49.451 \| 86.407 \| 94.990 \| 67.799 \| \| D.W.值 \| 2.156 \| 2.122 \| 1.574 \| 2.310 \| 1.992 \| \| 观测值 \| 96 \| 95 \| 95 \| 95 \| 96 \| \| 解释变量 \| (4)普惠金融指数 \| (8)普惠金融指数 \| (4)普惠金融指数 \| (8)普惠金融指数 \| \| --- \| --- \| --- \| --- \| --- \| \| 互联网应用指数 \| 0.502\\ \| \-0.051 \| 0.054 \| \-0.006 \| \| 小货公司货款余额归一化指数 \| \| \| \| \| \| 小贷公司贷款余额归一化指数滞后项 \| \| \-0.253 \| \| 0.035 \| \| 实收资本归一化指数 \| \| \| \| \| \| 实收资本归一化指数滞后项 \| \| 0.439 \| \| 0.142 \| \| 机构数量归一化指数 \| \| \| \| \| \| 机构数量归一化指数滞后项 \| \| 0.001 \| \| \-0.205 \| \| 普惠金融指数滞后项 \| 1.360\\\* \| 0.334 \| 0.225 \| 0.157 \| \| 常数项 \| \-0.187\\\* \| 0.079 \| 0.224\\ \| 0.289\\\* \| \| R \| 0.895 \| 0.930 \| 0.994 \| 0.993 \| \| F值 \| 42.069 \| 35.148 \| 1024.100 \| 830.020 \| \| D.W.值 \| 1.993 \| 1.460 \| 1.541 \| 1.372 \| 观测值 _24_ _24_ 80 80 五、研究结论及政策建议 1.研究结论通过建立互联网普及程度对普惠金融发展直接影响和间接影响的中介效应模型分别对全国和4个区域的中介效应进行了检验分析。从2018年统计数据看全国总体上互联网普及程度越高的地区小贷公司数量越少；江苏省是个例外互联网普及指数在全国排名第三但小贷公司机构数量、贷款余额、实收资本3个指标都排名靠前；青海、宁夏、青藏、海南的小贷公司3个指标和互联网普及指数都排在最后。回归结果表明，全国整体上互联网普及应用对普惠金融发展形成了显著的直接影响，并且经由小贷公司发展对普惠金融产生了显著的中介效应。但小贷公司数量对普惠金融的影响在对互联网普及指数进行控制的情况下显著为负，即随着近年来小贷公司数量的减少，普惠金融发展指数仍然在上升，而这一回归结果是互联网普及程度提高带来的。这表示我国互联网技术对数字普惠金融发展产生的积极影响，抵消了小贷公司近年来业务量萎缩的消极影响。从分区域回归结果看东部和东北地区都没有通过中介效应模型检验。在中部地区只有小贷公司数量这一指标构成了中介效应，但由于系数之间的乘积为负数说明互联网普及程度的提高和小贷公司机构数量的减少共同促进了该地区普惠金融的发展。而西部地区建立小贷公司试点较多近年来发展较快在控制了小贷公司3个指标后，体现出互联网借由小贷公司发展对地区普惠金融发展的积极影响。结合2018年统计数据来看虽然福建、上海、江西小贷机构数量排名靠后，但小贷公司的贷款总额和实收资本却在全国排名靠前互联网普及指数排名也靠前，说明实体小货公司数量并未影响这些省份的小货金额和实收资本小贷公司很可能通过建立自有的互联网小贷平台拓展业务空间。这些都充分说明了互联网普及程度与实体小贷公司之间呈相反的发展趋势：互联网技术在金融领域的推广应用和由此形成的数字金融平台造成了对小贷公司的业务竞争，数字金融的兴起对实体小贷公司的业务开展形成了较大替代性和冲击性。 2\. 政策建议小贷公司一直是服务于普惠金融发展目标的重要民间金融机构。对于突破目前发展瓶颈的道路本文提出如下建议：首先从策略上必须回归到大力发展小贷公司的初衷，即引导资金流向农村和欠发达地区改善偏远、互联网普及率较低地区的金融资源配置不以营利为首要目的突出小贷公司的普惠金融特征。其次在互联网技术落后地区增加实体网点，切实贯彻执行金融支持乡村振兴、服务大众的普惠金融发展方针积极拓展边远欠发达地区的业务范围在互联网普及程度较低地区增设实体小贷公司。深入广大农村地区开展主动营销、精准营销积极寻找和推广农业信贷、乡镇企业融资的可行性项目，使农户和乡镇企业家及时了解优质金融产品和服务信息及时掌握各类利好金融政策消息。再次在互联网普及程度较高地区必须借助互联网技术拓展业务渠道建设小贷公司自己的网络金融平台从而降低数字金融对其替代作用。实体小贷公司既要充分利用互联网技术拓展业务渠道业务范围又不能超出银保监会监管规定的范围并要严谨防范金融风险加速纳入银行征信系统。2021年初，人民银行、银保监会研究制定金融“十四五”规划要求推动“无接触金融”服务模式驱动小微贷款金融服务朝着全流程自动化、在线化、高效化发展。虽然互联网金融平台的金融风险防范一直是我国金融体系预防金融危机、防止风险集聚溢出的监管重点但不能因噎废食，而要兼顾金融安全与金融效率平衡发展。最后小贷公司作为实现普惠金融的重要组成部分在巩固脱贫攻坚成果过程中应将金融帮扶方式发挥更大的作用，使其成为小额信贷的重要供给者；弱化金融资本的短期逐利性在微利、薄利的投资回报期待下，以补齐低收入人口和欠发达地区的金融短板为发展理念坚持服务于实体经济、服务于普惠金融。参考文献： \[1\] Allen F ，Demirglle-Kunt A ，Klapper L ，et al. The foundations of financial inclusion： understanding own- ership and use of formal accounts \[J\]. Journal of Fi-nancial Intermediation 2016 27(1)：1-30. \[2\] Beck T Demirguc-Kunt A Peria M M. Reaching out：access to and use of banking services acrass countries \[J\]. Social Science Electronic Publishing ，2007 ，85 (1)：234-266. \[3\] Sarma M Pais J. Financial inclusion and development\[J\]. Journal of \[nternational Development ，2011 ，23 (5)：76-78. \[4\] Demirgue-Kunt A Levine R. Finance ，financial sector policies and long-run growth \[R\]. Washington D.C.： Policy Research Working Paper Series 2008. case-study of West Bengal \[R\]. Munich： MPRA Paper， 2011. \[6\] Demirguce-Kunt A ，Klapper L. Measuring financial in- clusion： the Global Findex Database \[R\]. Washington D. C. ： Policy Research Working Paper 2012. \[7\]中国金融学会.中国金融年鉴\[M\].北京：中国金融出版社2010. \[8\]张博胡金焱，马驰骋.从钱庄到小额货款公司：中国民间金融发展的历史持续性\[J\].经济学(季刊)2018 ，17(4)：1383-1408. \[9\]郭峰.小额贷款公司能服务普惠金融发展目标吗?——来自山东省的证据\[J\].济南大学学报(社会科学版)201828(6)：105-118. \[10\]范亚辰何广文杨虎锋.小额货款公司风险承担与社会绩效——基于融资约束的视角\[J\].华南理工大学学报(社会科学版)201820(5)：71-81. \[11\]林鑫.互联网小额贷款公司的发展困境与路径分析\[J\].商讯， 2020(19)：157-158. \[12\]刘骏.小额贷款公司的支农“异化”与制度选择 \[J\].农业经济问题2020(10)：40-50. \[13\]刘鹏.给小贷一个“名分”\[N\].经济观察报20200-09-21(8). \[14\] Kenny D A Korchmaros J D ，Bolger N. Lower level mediation in multilevel models \[J\]. Psychol Methods， 2003 8(1)：115-128. \[15\] Baron R M Kenny D A. The moderator-mediator vari-able distinction in social psychological research： con- ceptual ，strategic ，and statistical considerations \[J\]. Chapman and Hall 1986 51(6)：1173-1182. \[16\] Judd C M ，Kenny D A. Process analysis： estimating mediation in treatment evaluations\[J\]. Evaluation Review 1981 5(5)：602-619. \[17\]温忠麟，张雷侯杰泰等.中介效应检验程序及其应用 \[J\].心理学报2004(5)：614-620. \[18\]吴庆田，朱映晓.数字普惠金融对企业技术创新的影响研究——阶段性机制识别与异质性分析 \[J\].工业技术经济2021 40(3)：143-151. \[19\] 胡宗义丁李平，刘亦文.中国普惠金融发展的空间动态分布及收敛性研究 \[J\].软科学201832(9)：19-23. \[20\]成学真，龚沁宜.数字普惠金融如何影响中国实体经济的发展——基于系统GMM模型和中介效应检验的分析\[J\].湖南大学学报(社会科学版)2020， 34(3)：59-67. \[21\]陈银娥孙琼.中国普惠金融发展的分布动态与空间趋同研究 \[J\].金融经济学研究2015 30(6)：72-81. \[22\] 颜能恩.互联网小额贷款公司内部控制体系研究\[D\].广州：暨南大学2020. Internet popularization ，micro-credit companies and development of inclusive finance-analysis based on Mediation Model CHEN Jing， LI Xiao-yue ， WAN Bao-yu ( School of Economies ，Shenyang University of Technology ， Shenyang 110870，China) Abstract： The panel data of 31 provinces ， autonomous and municipalities regions in the Chinese mainland are selected from 2009 to 2018， a mediating effect model is used to analyze total direct effect of internet popularization on the development of inclusive finance ， and intermediate and indirect effect of micro-credit companies on the development of inclusive finance in China. The results show that： the internet popularization has a significant mediation effect on inclusive finance through the development of micro-credit companies； a significant mediation effect appears in the western region where the financing scale of micro-eredit companies is higher and the development degree of internet finance is lower， while in other regions with a higher degree of internet finance development ， there is a masking effect or no significant transmission mechanism between internet application ， micro-credit company size and inclusive finance. To break through the development dilemma ， micro-credit companies need to make full use of internet technology to expand business channels ， and implement the concepts of “small amount ， decentralization and financial support for rural revitaliz ation to serve the goal of inclusive finance better. Key words： inclusive finance； micro-credit company； internet popularization； mediation effect**	__label__neg	null	null	null	null	null
zh	N/A	N/A	团”从9月25日至10月10日历时半月在台湾南部地区开展巡演交流活动。三个院团约106人将分别深入台南市、高雄市和屏东县的社区、乡镇庙口开展共计50场的巡回演出。厦门市举行如此大规模、长时间、影响广的赴台的专业戏曲巡演交流活动还是首次，这在全省乃至全国也是少洧的。 (厦门市文广新局) 国际儿童青少年戏剧协会秘书长访问晋江市掌中木偶剧团国际儿童青少年戏剧协会秘书长依维萨斯密克近日访问晋江市掌中木偶剧团，参观晋江的文化设施，并观看了晋江市掌中木偶团新排演的人偶儿童剧《麒麟宝宝之我爱爸爸妈妈》。这是国际戏剧界高层领导首次来泉州地区访问，依维萨斯密克表示，拟将于明年邀请晋江市掌中木偶剧团赴欧洲演出。 (晋江市掌中木偶剧团) 第五届上海音乐学院当代音乐周近日在上海音乐学院举行。音乐周内容包括 S.Gubaidulina、叶小钢等三位大师讲座，温德青、H.Holliger 等数十位中外作曲家的作品音乐会以及第二届中国当代音乐评论比赛。音乐会作品由日内瓦 Contrechamps 乐团、法国 Les Temps Modernes 乐团与上海爱乐交响乐团等乐团担纲演奏。“时代的声音、灵魂的回想”是音乐周的口号，“鲜活首演"是本届音乐周最大的特色。福建省艺术研究院曾宪林在第二届中国当代音乐评论比赛中获优秀奖。 (本刊) 福建省古琴协会在福州成立振兴闽派古琴近日福建省古琴协会成立庆典在福州举行。当晚，中国琴会荣誉会长、国际古琴学会荣誉会长李祥霆等国内著名古琴演奏家均登台演奏，为福州观众奉献了一场听觉盛宴。福建省古琴协会是福建省古琴行业自愿结成的地方性、非营利性的社会组织，以继承与发扬福建省的古琴艺术，培养古琴文化研究、古琴演奏、古琴斫制人才及重振闽派古琴为宗旨。 (本刊) 声音我并不是简单地赞同"不求所养只求所用"，只不过从我国戏曲行业现状来看，从宏观的角度分析，政府和相关文化部门更有责任和义务去重视编导人才的培养，不应该让剧团解决。傅谨就“谁来培养戏曲编导人才"的问题，认为戏曲剧团作为独立的现代演出机构，要保持和确立自己的艺术风格，更需要的是自己的文学编辑和技导，政府可以设立艺术创作中心之类的机构，或者让各省市的艺术研究院所在一定程度上发挥艺术创作中心的功能，艺术创作需要积累：一是积累比较多的优秀保留剧目目， _二是积_ 累符合艺术规律的创作经验。三并举对于振兴戏曲发展起到了极其重要的作用。王安葵认为，在2012年全国优秀剧目展演中，新编历史剧视角开阔，创作者摆脱了浅近的功利目的，努力发掘丰富的历史内涵。传统戏的整理改编是保护传承非物质文化遗产的重要途径这些改编剧目非常重视对传统精华的传承和对传统艺术特点的弘扬，很值得肯定。今天的京剧与其他任何艺术一样，依然有一个创造和创造力的问题。今天京剧的创造力薄弱，确实与京剧界长期以来对创造力的轻视有关，是认识存在误区上海京剧院常务副院长单跃进坦言在京剧界是很少有人敢轻言“创造”一词的，甚至很忌讳此说，但是，我们不能无视这样一个事实，所谓“原汁原味”的传统必定来自前人的创造，否则便不会有丰厚的传统积累。如果当代音乐真的不是面对大众，而只是面对小众甚至是极少数极个别的人，那么，当它确实把人们逼到墙角直接面对音响敞开甚至是纯粹声音陈述的时候，难道除了绝对听从之外真的是把一切现在的东西都悬置起来了吗? 韩锺恩在回答“音乐如何通过声音为当代立言?“时，强调二个作曲家同时也应该是一个音乐学家，尤其作为当代作曲家，他不仅需要通过美学的方式去组织艺术的声音，而且也需要通过思想的方式去想象自然的声音。名家艺术馆(纪念馆)往往是跟民营美术馆相结合的，而这两种类型的美术馆未来将会有大幅度增长，成为中国美术馆格局中的一个重要组成部分。文化部艺术司副司长诸迪提出美术名家艺术馆(纪念馆)要根据自身的职能和特色努力建设成为“四个中心”：美术名家的文献档案中心，美术名家作品收藏、保护与修复的中心，美术名家个案研究与展示推广的中心，美术名家作品认证和艺术授权的中心谢晋的可贵之处是不安于现状，他始终在进取，在创新，在探索。他不仅在电影创作上形成了独特的“谢晋模式而且在电影的产业化进程中大胆前行、不断开拓许朋乐历数了谢晋导演的电影产业化实践历程：他办公司，建学校，参与创办电影节，积极推动影视摄制基地的建设，每一步都迸发出他的睿智和胆量，每一个举措都蕴含着他对电影的挚爱和真情，他曾是改革的先行者。	__label__neg	null	null	null	null	null
zh	N/A	N/A	基于技术预见的生态环境领域关键技术选择与策略 ——以上海为例朱学彦 (上海市科学学研究所，上海 200235) \[摘要本研究首先分析生态环境领域的全球发展趋势及近期的热点科研主题，在充分考虑城市化需求、高速发展的经济和产业结构升级需求、消费方式变化带来的需求基础上，聚焦于水污染防治与利用、污染土壤修复、大气污染防治、生物多样性保护与生态系统修复、突发重大环境事件预警与应对等五大主题展开研究，并提出面向未来的策略与建议。 \[关键词\] 技术预见；生态环境；关键技术 \[中图分类号\] _F276.44_ \[文献标识码\] A 文章编号：1671-0037{2015)02-37-3 The Key Technology Selection and Strategy in Ecological Environment Based on Technology Foresight \-The Case of Shanghai Zhu Xueyan (Shanghai Institute of Science，Shanghai 200235) Abstract： This study analyzes global trends and recent hot research topics in the field of ecological en-vironment.Taking into consideration the demand of urbanization，rapid development of economic and indus-trial structure upgrade，demand brought by changes in consumption patterns， this study focuses on research of five themes including water pollution prevention，contaminated soil remediation，air pollution control，bio-diversity conservation and ecosystem restoration as well as significant environmental emergency forecast and countermeasures. Furthermore，it puts forward strategies and recommendations for the future. Keywords：technology foresight；ecological environment；key technologies 中国在创造出人类历史上最大规模的工业化、现代化进程奇迹的同时，也使先进发达国家数百年积累的环境问题在我国短时期内集中爆发。可以看见，空气污染长期化的城市，正面临对高端人才与高能级项目产生“环境挤出效应”的风险，这必将在未来的国际竞争中处于不利地位。良好的生态环境成为城市发展的一种竞争力，且与经济转型具有内在的耦合性，环境竞争力已成为世界各国国家综合竞争力的关键组成部分。以技术预见的理念和方法对区域生态环境领域的关键技术进行选择并提出相关策略，具有重要意义。 1 国际生态环境领域发展趋势目前，生态环境领域发展集中体现在多尺度的全球变化、生物多样性保护、生态系统服务功能与恢复重建、可持续发展与生态系统功能的关系等方面。 1.1 基础生态学理论问题和全球性生态环境问题受到广泛重视全球范围内正开展大规模的试验研究，如CTFS网络在全球建立了18个大型实验基地，检验生态学基本理论。此外，呈现出“网络化”以及“多学科”特征，如全球变化的碳通量全球网络、国际长期生态研究网络(ILTER)等；在解决问题时除传统生态学方法和技术外，还采用分子生物学、自然地理学、遥感科学、数学与计算机科学以及社会学、经济学等多学科的方法和技术应对生态学问题21。 _1.2_ 以数字化、集成研究为主要解决手段，并更加重视对生态环境的监测、预测生态系统与人类活动、自然系统与经济系统的集成收稿日期：2015-1-24 作者简介：朱学彦(1978.9-)，女，管理学博士，助理研究员，研究方向：创新管理、技术预见。国家哲学社会科学学术期刊数据库研究成为解决全球生态环境问题研究的主体思路，定量评估和科学预测生态与环境变化成为生态环境研究追求的科技目标，生态系统联网观测、模拟实验和虚拟数值模拟成为综合生态环境问题的主要手段，基于物质循环的环境技术、绿色技术成为解决环境污染问题的根本途径。 _1.3_ 生物多样性保护越来越受到重视生物多样性具有重要的生态功能，先进技术在生物多样性研究和保护中的作用日益突出。随着人类社会对自然资源可持续利用需求的增强，当前生物多样性研究仍然是一项前沿热点研究领域4。而且全球变化的背景下，生物多样性的生态系统功能和服务会如何做出响应，是当前人们关注的热点问题，生物多样性与生态系统服务的关系(biodiversity and ecosystem service， BES)(Cardinale et al.， 2012)成为新的研究重点。 _2_ 国内生态环境领域发展态势中国经济飞速发展的30余年来，生态环境出现了严峻的形势，尤其是与公众日常生活密切相关的水、空气、土壤污染、食品安全等问题令人担忧。若不采取新的行动，在今后几十年内我们将不可避免地面临环境基础受害、经济繁荣难以为继的风险。为避免这种局面，必须采取紧急行动，尤其是针对气候变化、生物多样性丧失、水资源缺乏和污染、危险化学品的健康影响等严重的问题。国内生态环境领域未来发展的趋势包括： _2.1_ 开始关注退化生态系统恢复与重建以及生物多样性保育开始着手研究中国主要类型区生态系统退化的类型与成因，不同类型区退化生态系统恢复机制和途径及可恢复程度，研究生物多样性演化时空规律及其入侵控制，以生态经济可持续发展为目标，拟定完善的退化生态系统修复的诊断指标体系，阐明生态恢复对区域环境及全球变化的响应。 _2.2_ 对城市化与环境质量关系的认识日趋全面、深入城市化带来人口集聚、产业集聚，城市化与环境质量的关系取决于对生活污染和生产污染两种作用效果的权衡，国内已开始研究复合污染发生机制和先进控制技术，突破城市废弃物资源化和生物地球化学过程的定向控制技术，提高生产污染与生活污染的集中处理能力与治理效率，加强对工业园区、科技园区、新区等产业集聚地的环境规划，利用产业集聚与人口集聚带来的集中排污、集中处理等环境保护红利。 2.3 深入分析环境污染与健康效应的机理意义重大、前景广阔人类保护环境的目的是保护生态系统的完整性和人类健康，该领域的研究不仅关注目前人类面临的一些常规污染物，更关注不断出现的一些新型污染物如抗生素、内分泌干扰物、藻类毒素、氧化消毒副产物等。重点研究有毒污染物的致毒机理、环境污染生态效应的评价与预报技术、快速诊断技术、国家环境毒物筛选共享平台、环境疾病预测预报技术等。 _2.4_ 先进监测与预报技术的发展将得到进一步的重视和投入生态与环境的研究不仅需要阐明过去和现在的过程，还需要通过对这些研究来认识规律，开展环境过程的系统模拟与仿真技术、污染事故应急监测设备和预警预报技术的应用研究，主要发展方向包括：先进的化学和生物传感器及其在线环境监测技术的研发与集成应用；无线数据传输——终端处理——模型(模拟耦合系统)的构建，形成污染预警、预报技术；低空观测技术与数字地球、环境过程的系统模拟与仿真技术等。 3 上海生态环境领域发展重点的选择上海的生态环境状况已进入到复合型环境污染的新阶段、发达国家上百年工业化过程中分阶段出现的环境问题正在上海集中出现。面对环境污染严峻的现状和发展态势，环境污染控制、治理、修复和保障环境安全将成为环境污染防治的重要科技战略需求之一。维护生态系统健康，面对环境污染严峻的现状和发展态势，尤其是大量化学品进入环境后复杂的迁移转化过程和复合污染效应及表征行为，生态健康和环境安全领域仍然尚未取得突破性进展5。在未来较长的时间内，以环境安全和生态风险控制为核心的生态系统科技战略将是上海生态环境污染防治的重要科技战略需求之一。在充分认识国内外生态环境领域发展趋势的基础上，结合上海实际，从以下维度进行需求侧分析，以便厘清上海应在生态环境领域应关注的重点： 3.1 充分考虑城市化的需求城市化过程带来单位面积物质代谢和消耗强度增加、土地利用方式的改变等，城市土地新增、水资源消耗量、能源消耗量、生活废水消耗量、废气污染、生活垃圾等也会大幅增加。因此，城市生态环境面临的压力是巨大的，这些问题如果不能很好解决，将持续作用并限制城市的可持续发展。 3.2 充分考虑高速发展的经济和产业结构升级的需求一方面，快速的经济增长将会导致更多的环境污染；另一方面，工业部门和服务业以及交通运输部门的产出份额上升也意味着更具污染性的产业结构。在技术方面，虽然作为中间投入品，煤炭的使用强度有望减少，但石化产品的使用可能增加，这仍将带来大气污染物的大量增加。 3.3 充分考虑消费方式变化带来的需求整体而言，2016-2030年，物质生产与消费规模将不断扩大，随着生活水平的提高，人们日益增加的能源消耗和物质消费还将大规模增加废弃物的数量，为环境带来更大的压力，从而使生态与环境问题更加突出6。基于国际发展的重点方向和热点问题，以及未来社会、经济发展的实际需求，兼顾上海的已有基础和优势，结合多位权威专家的观点和建议，综合分析得出生态环境领域的五个需要重点关注的主题：水污染防治与利用、污染土壤修复、大气污染防治、生物多样性保护与生态功能提升、突发重大环境事件预警与应对等。 _4_ 策略与建议 _4.1_ “水污染防治与利用”主题发展的建议 _4.1.1_ 开展“从源头到龙头”饮用水水质提升全过程技术研发与应用示范，进行集排水、内涝防治与雨水资源化技术集成的关键技术体系创新研究，研发面向未来的污水能源循环、资源回收利用、污泥减量与资源化、微量污染物控制以及污水处理系统碳排放评估与控制等方面的领先技术。 4.1.2 针对农村生活污水，开发经济实用、操作简单的污水处理技术，并采用专业化、市场化统一运营管理；污水收集管网系统与污水处理系统加强同步设计、同步建设等。 _4.1.3_ 强化渗透技术示范工程引领、制定科学的导则规范、技术标准，并通过立法强制推行，力争通过政策实现全面保障。 _4.2_ “污染土壤修复”主题发展的建议 _4.2.1_ 总结上海现有科研成果、示范工程成果和实际工程经验，建立污染土壤修复工程技术指南，尽快建立典型污染土壤的修复技术示范，解决面大、点多、影响大的污染土壤风险控制和修复技术难题。 _4.2.2_ 优化完善土壤质量监测体系，科学布局监测点位，优化监测指标，逐步建立适合不同用途的评价体系。根据土壤环境质量现状，除原有指标外，增加对多环芳烃和有机氯农药等有机污染物指标的监测。 _4.2.3_ 推进工业场地和耕地环境调查，开展工业场地用地规划适宜性评估和耕地环境管控技术等研究工作，加强相关技术标准和作业导则研究与编制。 4.3 “大气污染防治”主题发展的建议 4.3.1 实施清洁能源行动，对重点区域、行业、企业的污染排放，实施全面在线监测。提高本市大型货运车尾气排放标准，加强货运行业整顿管理。率先制定船舶尾气污染排放及船用燃料油油品标准，加强船舶进港后运行状态监管。 _4.3.2_ 建立区域信息共享机制，统一协调区域内各城市污染排放标准、环保准入门槛、机动车环保标识、环国家哲学社会科学学术期刊数据库保处罚措施等，推进区域联合。建立区域重污染天气应急预案，构建区域、省、市联动应急响应体系，落实协调应对措施。 4.3.3 提高工业生产过程中的能源利用效率，加强材料的研发和管理，促进和推动建筑节能；通过建立可持续的现代交通运输体系，加强交通运输行业的节能降耗。遏制移动源污染加速进程，强化道路机动车、非道路机械和船舶排放污染控制，推动电动汽车等低排放汽车行业发展。 _4.4_ “生物多样性保护与生态系统修复”主题发展的建议 _4.4.1_ 加强与生物多样性相关的前沿技术研究，针对合成生物学、地球工程和生物质燃料等新出现的技术，开展实验，加强科学研究。 _4.4.2_ 主动跟踪国外新技术研究进展，结合实际情况，分析新技术应用对上海区域生物多样性保护的影响，评估生物多样性面临的风险。 _4.4.3_ 建立退化生态系统恢复技术体系，开发出一批针对上海地域特征(流域特征)污染物和污染效应控制的物化、生物和生态工程技术，保障生态安全。 _4.5_ “突发重大环境事件预警与应对”主题发展的建议 4.5.1 制定突发环境事件应急监测的布点与采样、监测项目与相应的现场监测和实验室监测分析方法、监测数据的处理与上报、监测的质量保证等技术规范。 _4.5.2_ 系统分析和研究城市地下空间开发利用的安全性问题及面临的主要灾害特点，基于防灾物联网平台的监测与评估，多重灾害下地下空间的易损性和灾害预警，城市地下空间多重灾害系统应对与抗灾优化改造等集成技术。 4.5.3 研究城市大型建筑物安全运营风险识别和风险动态评估、安全运营风险动态控制与应急响应、灾害预防、预警、引导、疏散管理等关键技术，开发城市大型建筑物安全运营风险数字化智慧管理系统。参考文献： \[1\]中国环境保护部环境规划院.全球环境竞争力报告 \|R2013. \[2\]世界自然基金会.上海资源环境发展报告2014\[R\].2014. \[3\]中国科学院.中国至2050年生态与环境科技发展路线图\[R\].2009. \[4\]中国科学院.中国至2050年生态与环境料技发展路线图中国科学院，2009. \[5\] OECD Environmental Outlook to 2030，OECD，2008. \[6」 OECD Environmental Outlook to 2050.The Consequene-es of Inaction，OECD，2012.	__label__neg	null	null	null	null	null
en	hf cc0-1.0	https://huggingface.co/datasets/storytracer/US-PD-Books	Chemical technology: author: Knapp, F[riedrich Ludwig], 1814- [from old catalog] This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world's books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the publisher to a library and finally to you. 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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at http: //books .google . com/ CHEMICAL TECHNOLOGY; «» CHEMISTRY, APPLIED TO THE ARTS AND TO MANUFACTURES. BY BR. F. pfAPP, r»orS«IOIl »T Till Mm»KBIITV 0» ftlBSlBJt. 'translated and edited, with KlTMEaoOS MOTM AND ADOmOSS. BY DR. EDMUND RONALDS, ttCTCKE OK CBHi»T»T »T »«■ MIDDUaM UOSPmi, A!fO DR. THOMAS RICHARDSON. 01 KXWC.iSTU-OK-Tfl'B. mST AMERICAN EBITION. WITH NOTSS AND ADDITIONS, BY PROFESSOR WALTER R- JOHNSON. or riiii^Psi.rHiA. VOL. I. ILWrSTBATEO WtTH NOTE TO THE READER The paper in this volume ts brittle or the inner margins are exlremely narrow. \Vc have hotind or rebound (he volume utilizing; the best meaiu possible. PLEASE HANDLE WITH CARE GCNEOAL Book BIN otNG Co.. Chesterland, Omvo b39708 Ertzbid according to th« Act of Congress, in the year 1848, t^ LEA AND BLANCHAKD, in the Clerk's Office of the District Court of the Eastern District of Fennsjlvania. nnUDBLPHu ; T. X. 1.RD r. a. COLUMS, PRIITTEBS. PREFACE TITE^NGLISH TR. AND EDITORS. SLATORS Among the many advantages whit-h Dr. Knapp's " Chemical Tecbnolog)" presents, not the least will be found in ihe novelty of 'le arrangement of his materials in the form of groups of monoffraphs '^vpOD particular branches of chemical industrj-. A conncrteu view of allied chemical arts is, therefore, preseuted to the Reader, vrhile the experience nf one branch is brought more immediately 1o hear upon the wholo, for the benefit of any one individual manufarrturc. A knowledge of the nature and elTective value of fuel in Che pro- duction of heat is a matter of primary importance to ever)- manufac- turer, and a work devoted to the Chemical Arts, necessarily commences with B chapter upon that subject. The preparation of wood charcoal, which is described at some length in the Urst group of the present volume, will be chietly valued abroad, and in those counlries where mineral coal is not accessible; hut the production of colce is a branch of industry daily increasing in importance from the extensive appli- cation which is made of it for ihe generation of steam and Ibr smelting purposes; and as the quality of coVe is mainly dependent upon the process of manufacture, and this process has been very much altered and improved within the last few years, we have described in the Appendix, with some minuteness, the most approved methods of coking now in use. A description of the apparatus and materials used in the manufacture of the new patent fuel has also been here introduced, asthis substance promises Co become a valuable substitute for coal in many of its applications. Id connection with the cousumplion of fuel and (be generation nf heat, we have also thought it right to notice some of the more recent plans for economizing the heat produced by ihe combuMion of coal in open fire-places, and we should feel gratified if the few remarks ujxin the rentilarion and heatingof building?;, both public and private, upon which we have ventured, should be the means of inducing architects and builders to bestow more consideration upon these points, so con- ducive to health and comfort, in the construction of dwellings, th»n they are usually in the habit of doing. The limits of the present volume would only admit of a short description of two out of the many 'methods proposed for securing the more perfect consumption of smoke, nd consequent saving of fuel in boiler and furnace fires. IV TRANSLATORS' AND CDITORS' PREFACE. The chemical process concerned in the production nf heat is iden- tical wilh Ihat practised for obtaining artificial light; the mode of conducting the process, however, is liifforent, and this claims natu- rally the second place iti our author's arrangement of materials. Here, again, the improvements in the manufacltire of the different substances used for illumination, and roore particularly those which have reference to coal gas, its purificiition, measurement, mode of consumption, the introduction of subslanues for giving light, which could not [ireriously be used, &.C., have obliged us to append much to the original matter in Dr. Knapp^s volume. The second group comprises the production of the allcalies and earths, the agent.s concerned in their niaiuifactiire, and their various applications in the arts. This group is not completed in the present volume. The wasteful nature of some nf our manufacturing operations will readily be inferred from the matter iuserted upon sulphur and sul- phuric acid, and this applies no less to the coal employed in smelling. It is estimated that the sulphur wasted at Swansea, to the absolute destruction of all surrounding vegetation, would sulTice for the manu- facture of all the alkali produced in the kingtlom, and this fact, coupled with the loss of 3,000,000 tons of coal in the smelting of iron alone, prove suflicieDtly that our practice is ^1iII sadly deficient. Wherever the fault may lie, il must be altributed in no small degree to ignorance ; and this, again, doubtless arises from the difficulty attending the acquisition of sound scientific knowledge in this country. Wc have no Gewerbe ScliuiCf no Ecole des Mines, no Ecoie Paln- ttchnique, and it is no reply to assert that without such instilutionSi this nation has maintained its position. We have had the race en- tirely to ourselves to within a verj- recent date, and if the means of acquiring scieniific information were as easy with us, as is the case amongst our competitors in the n)>plicalion of chemical facts abroad, wc should in all probability no longer have to complain of Glasgow goods being dyed at Barmen, of the importation of nearly all the ultra-marine used here, and other similar indications of our inelTicient knowledge or manipulation. The little progress which has been made for a long series of years in Ibe soap raanufaclure, (a description of which closes the present volume,) is one instance only, amongst many others, which all bear witness to the injurious tendency of government restrictions upon manufacturing industry. The individuals who arc themselves en- posed to the scrutinizing surveillance of the exciseman, can alone feel and properiy appreciate the aniioyanre of official interference, and the limitation which it imposes upon their exertions, but the interests of the whole country are sacrificed when the excise laws interfere with the improvements of processes, and put a bar, as they do in so many cases, to the development or progress of our manufactures. Our translation of Dr. Knapp's work is a humble elTort to afford the most recent information, with a deiscriptivL' account of the latest preface: bt the ameaican editor. V uaproveraents^ to those interested in the progress of our chemicBl ma nil facta res. References hare been made in the text to the matter in the Appenilix. The ease with which all calculaltons where temperature is con- cerned, may at once be understood by the use of the centigrade ther- mometer, has induced us to retain that thermometric scale throu^^out; but whrrevprthe lemperaiure referred to has some immediate practical bearing, we have inserted the corresponding degree upon the scale of Fahrenheit, as the one most generally in use in this countr)'. We have also subjoined a comparative scale of German, French and English WiriMits iind Measures, as it was not considered expedient to alter the Hessian measures adverted to by our Authnr. We cannot conclude these prefatory remarks without expressing our great obligations to the Publisher, who has spared no expense in illustrating the text by the introiluction of very numerous wood-cuts, Uius obviating the necessity for lengthened description, and essen- tiaUy augmenting the value and usefulness of the worlc. PRKFACE BY THE AMERICAN EDITOR. In offering to the American public an edition of Dr. Knapp's work on Technology, it i-s perhaps, hardly necessary' to advert to the use- fiil, and therefore important, bearing of its subject on the welfare of erery class, and every member of society. Whatever may be their theoretical dilTercnces of opinion as to the relative value of the useful and the ornamental arts, men commonly agree, at least in this, that leach for his individual self finds no serious objection lo any art which ministers directly to his persona) comfort and well being, how much , soever its discoverer or inventor may have been decried as a "«/i7i- laruji." If, in any part of the world, the arts which contribute (o the general welfare be held in esteem, it is certainly, in a pre-eminent degree, desirable that they should be coltivuted and well understood in a country where "the greatest good of the greatest number" is the predominant maxim of alt social and civil institutions. The render will remark that extensive American additions hare been made to the iirst section of the work, — the new matter being ii PREFACE BV THE AMCItlCAN EbtTOR» generally distinguished by brackets^ unless inserted in the form of notes appropriately distinguished. The experiments of Mr. Marcus Bull on woods, those of the editor, of Dr. S. L. Dana, and others, on coals, are, in a condensed form, presented in this part of the work. The heating of dwellings and other buildings has also claimed some additions. The American experinsents on coal-g»s, rosin-gas, sperm oil, lard- oil, crude lard* "pine-oil,'* "chemical oil" and camphine, aObrd a series of useful comparisons, especially interesting to the American reader, since the materials from which light is, in these cases, pro- cured, arr among the abundant pro<lucls of our own soil and industry. The volume closes with an addition to the appendix, showing what experience has proved in regard to the absolute cost of manufactur- ing illuminating gas on a large scale, and what arc Ihe points of economy yet to be studied in relation to this important subject. The facts there exhibited, derived from authentic published docu- ments, prove Ihe wisdom and expediency of providing that so press- ing a necessity as that for abundaut and cheap light, should, like the supply of pure water, uncontarainated air, and the means of extin- guishing conflagrations, be regarded as a public interest by every populous town and city. It is believed that the facts herein set forth may be found conducive to so desirable an end. It has sometimes been attempted to surround the subject of gas- making with a certain air of mystery, as if some profound secret were iuvolved in the preparation of ^sd subtile a compound" as coal gas. Yet the facts and statements exhibited in the present work wilt make it clear that a faithful adherence to a few simple principles will ena- ble persons of moderate scientific attainments to comprehend the sub- ject without any very rare giOs, or any costly researches. A table of contents and a complete list of tbe illustrations arranged under distinct heads, have been prepared, and will be found greatly to facilitate reference to the subjects contained in this volume. The copious supply and excellent character of illustrations in the work, of which this is a republication, have called for few additions in Ibis particular. The reader will, it is believed, find that, in the mechanical execution of this volume, our artisans have folly sus- tained the character gained by their previous efTorls in this series of illustrated scientific works. PBiLtuuTBU, .Vny, 1848. CONTENTS. TbaJHLATOII' PxtPACI -...-.. iii Amikicax Esitoe'b Pbuacz -....-. v CoxTBvn ••• - - - - -vii L»T or iLLOirnATioKB ....... vjii Wll«BT« licit MlABDSM . - - . - - . xii AdTHOX'I IXTXODDCTIOK ....... 13 GROUP I. Bbuchh of xahviactdxi szpavsiRO nrox thi fxogxss or coxiuflTiox 10 1. Hl&T. American cooU ........ 40 Relative value or fuel ....... 78 ApplicetioD of heat ........80 2. Op ILLUMIKATIOir AWn UOHTIKfi xatkbiau .... 110 Modes of efiecting illumination ...... 133 Itlnminaiing power of different nuteriab ..... tS7 GROUP II. Paocui OF xinirFACTinii covcimxiD ix thb fbodvctioit ixd afflicatiov of Tax ALKALIM AKS BARTBI ....... 917 Common ult, sea salt ...-...-. 345 Soda 261 Potaahea ......... 38S Estimation of the value of soda and potashes - . . . . 300 Bomx and Boracic acid .•....-• 309 Salqjeue or nitre ........ 320 Gunpowder ......... 351 Gun cotton ......... 379 Aqna fbttis, nitric acid ........ 382 Manu&cmre of soap ........ 386 Oil varmah - • - • - • • - ' • 433 APPENDIX. Soot, lamp black, &c - • - • - • - • 436 Improved process of coking ....... 444 Huiuftoture of patent fuel ....... 448 Application of heat — ventilation ...... 453 Consnmptkm of smoke • - - • - ■ ■ - - 459 Lamps ...--..-.. 461 Candles 469 Gas for illmotnation ........ 471 Gas meters ......... 480 Cost of making illuminating gas ...... 490 LIST OF THE ILLUSTRATIONS CONTAINED IN THIS VOLlfME. APPARATUS RELATING TO COUBUBTION AND HEATING. 1 Exhibits arrangement of wond in a charcoal mouod S Arrangement of heaps or piles for chairing - 3 Furnace ..-..- 4 Furnace for procuring both tsr and charcoal 5 Charoial furnace used at Obendorf in Wirtemberg - 6 Coke mound as used at Clyde works 7 Elevation; and 8, plan of a coking furnace 9 Coking furnace for preserving the tar, used at Gleiwitz 10 Coking furnace for email coal, used at Rive de Giet 11 AppaniluB fbr heating buildings by hot water 12 Kihi for drying wood, used in French glaas-honses - VASE 54 5fi 59 61 67 71 72 74 75 100 104 ILLUMINATION AND LIGHTIKG MATEBUL8. 13 Wedge press for linseed and other oils 14 and 13, Bramah's hydraulic press . . • 16 Double piston of do. to vary the power by a single pomp 17 Candle moulds . . . . - 18 Flames and wicks of candles . . - 18& Do. do. do. • 19 Floating night lamp .... SO Antique lamp; 21, Nucleus in wick 22 Elevation; and 23, section of common kitchen lamp 24 and 25, Worm's lamp; Fig. 26, study lamp 27 and 28, Wick elevator of study lamp; and 29, Astral lamp 29a Chimney of Astral lamp . . - ■ 30, 31 and 32, Sinumbra lamp of Philips 33 Lamp with inverted oil cistern ... 34 Inverted cistern without case - • . 35 Caron's stop-cock ..... 36 Hero's fountain ..... 37 Gerard's hydrostatic lamp .... 38 and 39, TTiilorier's hydrostatic lamp 40 Filling apparatus of Tbilorier's lamp 41 and 42,CarcerB lamp .... 43 Machinery of do. ..... 44 Valves of do. 45 LOdersdorff's lamp for "burning fluid," or illuminating spirit 46 Fresnel's ring lenses for ligh>house8 47 and 48, Fastenings for lids of gas retorts 40, 50 and 51, Sections of gas retorts 52 Gas retort furnace ..... US 124 125 130 133 130 137 13S 138 140 141 142 143 144 I4S 146 146 147 148 149 151 1S2 1S3 135 158 164 165 IG^) LIST OF ILLUSTRATIONS. IX 53 Front view of gas furnace with five retons 54 Section of claj retort furnace ; 55, Cross section of retort 56 Giu cooler or condenser 57 Wet lime purifier - 58 Apparatus for oil gas 59 Furnace Knd apparatus for rosin gas 60 Gasometer freely suspemled 61 Gasometer in ring-shaped space, nnil guiding rollers 68 Juncturesofgaa pipes 63 Water valve for large gas mains 64, 65 and 66, Gas meter 67 and 68, Argand gas burner 69 Liverpool gas burner 70, 71 and 72, Benkler's lamp 72 Cornelius' lard lamp 73 Purifying apparatus for sulphur; 74, Refinery for crude sulphur 166 167 168 169 172 174 177 178 181 182 183 184 and 185 19a 200 211 218 MANUFACTURES FROM SULPHUR. 75 Roll lutphur mould - • • - - • .219 70 Gallery furnace for obtaining sulphur from pyrites • - - 221 77 and 78, Apparatus for obtaining sulphur from sulphurous acid • 322 and 223 79 Horizontal roasting furnace for pyrites ..... 226 80 and 81, Gossage's square pyritesfiirnace . ■ . • 2S6 and 227 82 Leaden chamber for sulphuric acid manufacture - - - . 229 83 Apparatus to supply nitric acid .-..-- 230 84 Plan of constructing leaden chambers ..... 231 85 Sulphuric acid chamber with numerous com partm en u ... 231 86, 87, 88 and 89, Bell's sulphuric acid chambers ... 233 and 234 90 and 91, Gay-Lussac's de nitrating apparatus and coke oojumns . ' 235 92 and 93, Regulators for absorption of nitrous gas .... 236 94 Leaden pans for concentrating sulphtiric acid .... 238 95 Platinum still for sulphuric acid ...... 239 96 Manner of erecting a platinum still .... 240 97 and 98, Platinum syphons for drawing off acids ... 240 and 241 99 Apparatus for cotKenlrating sulphuric acid .... 241 100 Hermsdorf furnace for fuming oil of vitriol .... 243 101 Raduitz do. do. do. 243 MANUFACTURE OF COUHON SALT. 102 Gypsum and rock salt formation of Germany 103 Salt ponds or gardens for evaporating sea.water 104 Graduation wall for evaporating salt water 105 Cistern, spigots, troughs, tec, for distributing the brine 106 Two walled graduation house, arrangement of twigs 107 Section of graduation pans of an evaporation house for salt water 108 Horizontal plan of do. do, do. do. 24 6 247 251 253 253 255 256 SODA. 109 Soda furnace with leaden pons • - .... 20Q 110 Arch and discharging passage for the soda .... 264 111 Reverberating fiirnace for sulphate of soda .... 265 112 and 113, Bell's coke condenser Ibr muriatic acid . • . 266 and 367 114, 115 and 116, Lee's furnace for soda,- and condensers for acid . 368 and 369 117 and 118, Furnaces for converting sulphate into carbonate of soda . > 270 119 Iron lixiviating cisterns ....... 275 120 Soda crystalizing pans ....... 276 121 Apparatus for bleachiug powder ...... 379 / Z LIST OF ILLUSTRATIONS. r». FAS 122, 133 and 124, Apparatiu for converting carbonate into btCBrbcniate of soda SBl 125 Liiivisting tub for potash ...... 294 120 Potash calcining oven - ...... 297 ALKALIHETBY. 1S7 end 128, Gay Lussac's graduated teat jars - ■ • . - 303 139 Will and Fresenius' alkalimeter flasks .... - 304 BORACIC ACID HANUFACTUBE. 130 Section of Tuscan boracic acid lagoons ..... 312 131 Cryitalizing tube; and 132, Drying chamber for boiacic acid - - 314 133 AppamiLis for borate of soda ...... 3ig 134 Recrystalizingapparams for purified bomx .... 317 SALTPETRE MAJTUFACTURE. 135 and 136, Lixiviating troughs for saltpetre earth . • . . 33C 137 Conoeotraiing apparatus for saltpetre Ije ..... 340 138 and 139, Crystalizing pans for do. . . • • . 343 140 and 141, Wash-pans for refining flour saltpetre .... 344. GUNPOWDER MANUFACTURE. 143 and 143, Elevation and section of furnaces for making gunpowder charcoal 358 144 Pulverizing drum for gunpowder mixture .... 30L 145 and 14U, Stamps; 147, Wedgesforstamps; 148, Mortars for stamping 362 and 363 149 RevolTing barrels for glazing gun-powder .... 368 149^ Balliatic pendulum of Robins' for testing gunpowder - . 376 NITRIC ACID MANUFACTURE. 150 Furnace, sand pots, and retorts for distilling aquafortis • - • 384 151 and 152, Sections of furnace with iron retorts for do. ... 385 MANUFACTURE OF SOAP. 153 Apparatus for bleaching palm oil 154 Soap boiling fumacw and pan; 155, Safely cone of the boiler ] 56 Davis' patent closed soap boiler .... 157 Rawes' apparatus for mechanica] saponification 158 Mode of cutting soap when removed from the moulds 159, 160, 101, 162, Construction of soap moulds APPENDIX . — MISCELLANEOUS. 163 Furnace for the preparation of pine black . 164 Furnace fur preparing lamp black from coal and coal tai 165 DoSbereiner's instantaneous light apparatus 166 Illustration of imperfect coking ... 167, 168. 169, 170, 171 and 172, Construction of coke ovens 173 and 174, Wylam's apparatus for making patent fuel 175 and 176, Apparatus for distilling naphtha - 177 and 178, Ivory black apparatus ... 179, 180, 181, Machinery for moulding and pressing the fuel 393 409 412 413 414 417 and 418 438 441 444 445 44G and 447 449 450 450 and 451 451 182 and 1S3, Sylvester's stones; 184, Sylvestet'spatented adjusted sliding doors 455 LIST OF ILLUSTRATIONS. XI 165 and 186, Sylvefter'adoselj fitted rumace doors - 187 WilliKtns' plan of perforated bridge plates for preveDting amoke 188 Howard it Ca'B smoke ctmanmiDg furnace 189 Smith's scdar lamps and chimnejrs 1 90 Seetion of Meyer's riliptio lamp 191 Parker's eooDomic lamp 192 Young's Testa burner for oil of tttrpentine - 193 Boberts' gem lamp, general axrangemmt ■ 194 Section and plan of the gem lamp burner - 195 Cai>dl»wiok colting nuotune 196 Aiiangeraent for dipping caodlea - 197 Apparatus for diacbaj^ing moold oandles • 198 Croll's gas fumaoe fiir twelve clay and incni retorts 199 Cross section ibowing the interior of da SOO LoDgitadiDBl section of do^ showing courses of fiame 201 Croll's gas purifier by sulphuric acid for separating ammonia 202 and 203, Lowe's gas naphthalizing apparatus 204 Defries' dry gas meter 30S and 206, CroU It Richards' dry meter 207 Whinfield's patent atgand gas burner 208 Leslie's patent tubular gas burner - 200 Faraday's ventilaior for gas burners 210 Rudder's do. do. 211 Hedley's plan, and 212, His eleva&m of a sM of gas woika to contain four hundred retorts -..-.■■ 487 and 468 483 PAHX 456 459 4«0 461 463 464 466 407 468 409 469 470 472 473 474 476 479 481 and 483 484 4S4 485 486 o s -2 .a -i ,- £ S 5 c ■ S S-a ■ .a (CS 'MMg 'S. a M 111 H S.-S m C4 Ol ■T r- oi £} O rt 00 00 (= _, □1 m -T W -" o <o c „ -w to ■» « 00 3 O — Q — ' _, O r- OQ to t- n ■» Ol <0 rt « — .-< 5 0> -- O P- « woo e* « -- .-5 .a £2 cl I! a * ir T t- ■* _, I- « — "^ Ob 00 o r- (N _ -H O II" o OO O S„g3 do ^^ W O r* 00 Pi w <c « — Ot 91 O w d --' B 15 . ►. trie .5 ^ o S llJI u t- « _, « m Ol r- m 00 . s^§ r- to o -- Sot .S as EG II a = CO vi "J" — "O w 3 00 o o o CT — ■as B -- CJ « _ — 00 w "* P- — o « 30 ^ ' 00 r- I CT o in -^ o ■» WTO 9 n lA I~ 00 30 ■» M -» ej S n CO o> m CI Ol cc d 00 I- r* CO Ol cJT ^ PS t- « A 00 n O ■-< N S22 o w 00 ^ 55 IN m 00 O O Ol o — o o r- o o o O 00 CT _ 3 m o <o n (D r- — o d rt -J' CO r» OO n 00 (M 00 o r- 00 ■« 00 , KS PS O CHNOLOGY; 01. CHEMISTRY APPLIED TO THE ARTS MANUFACTURES. INTRODUCTION. The teno "Technology," first employed by Bcnbmann (1772) to denote that hranch of tcnowledge which forms the subject of uiis work, comprises in its literal stgnificaiion the systematic definition (iu»y»() of tne rational principles upon which all processes employed in the arts (nturi) are based. We include, therefore, under this head, every occupation which furnishes ua wirh those products that are rendered necewary by our physical wants, either immediately in accordance with the laws of nature, or which have grown out of the social conditions under which we live. Allhougii nature, in her great abundance, presents us with every- thing (hat in requisite for the supply of our wants, from the humble demand which the simple life of the Indian hunter makes upon her, to the refined and complicated wants of the civilized inhabitant of Europe ; yet it has seemed fit to a higher intelligence inseparably co I connect the possession of the treasures which are offered to us, with an immense amount of labour and application in their acquirement. Few ihings are found in the state in which we can m^e use of them; hence it becomes the real object of manufacture, so to tratu- form the raw materials of rutiure, that they may be adapted To the wants of society. The material part of nature, in whatever form it may appear, is ■objected, in its entire essence, and in all the changes whi'ch it under- goes, to eternal, immutable laws, which man adapts and conforms, with more or less success, to his purposes, but which he ia utterly incapable of subverting or altering in the slightest degree. Every IransAn'mation of matter, which is effected by art or manufacture, is ll . 14 INTRODDCTIOK. therefore strictly confined within the limits of these laws of nature; all rhe phenomena that occur in the material world are entirely de- pendent upon them ; and the study of these phenomena, or the study of nature, has for its object the investigation of those laws. The practical invesiiffation of the laws of nature led at an early period to a division of tne subject into two parts: the one. Physics, or Natural Philosophy, which has reference to the more outward phe- nomena attending a change of form (Mechanics in particular) ; and the other, Chemistry, M-hicli relates to the inward nature of the changes that are observed. The principles upon which the processes of manufacture depend, are therefore precisely those which form the subject of chemical and physical investigation ; and the distinction which we have drawn above, with reference lo the phenomena and laws of nature, applies with equal force to manufacture, and oblitres us to separate mechanical, which allers the form of the raw material (hbre into cloth, iron into sheet-iron, &.c.), from chemical manufacture, which entirely chanpes its nature (sand, potash and lime into glass, common salt into soda, hides into leather, &c.) Classi^cation. — The vast amount of matter which must necessarily be included in a scientific work upon manufactures, is generally arranged under the heads of chemical and mechanical manufacture. A separation of this kind is, however, strictly speaking, impossible, and by no means in accordance with the nature of the subject. There hardly exists any branch of manufacture which is exclusively chemical, or which is based solely upon mechanical principles; the practical man chooses that mode of transforming !he crude material which is most subservient to the object in view, without consulting science, upon which depend the principles he adopts. Nevertheless, the distinction which we have drawn, when carried out with caution, will assist both the learner and the teacher, for by its means those facts and ^)hcnomena are brought together which deptiid uiwn the samp principles, and are separated from others which require more extended acquirements in order to be fully understood. A strict separation of the mechanical from the chemical part of the subject would only tend to give a partial and erroneous view, and lead to a confused perception of the whole; it is, therefore, customary to call those branches of manufacture mechanical, which are chiffly depend- ent upon mechanical principles; and hy cliemical manufactures we understand those in which chemical processes form the leading feature. In the various scientific treatises which have appeared upon manu- factures, the diBerent authors hare not followed the same method of arrangement. Those who have written with a view to popular in- struction, and whose object it has been to present merely a true account of successive and particular operations, without entering into the causes of the effects produced, have aimply described the pro- cesses as they are practised; this we call em/nWoa/ technology. Those, however, who wish to gain an insight into the leading scientific phe- nomena and laws which are the key to the whole art, as well as to be ■ IWTRODUCTION. IC made acquainted with the practical manipulation, who require an explanation of the facts as well as the facts themseh'es, cati only have their wish gratified by the rational mode of arrangement. Lastly, the subject mar be treated in such a manner, that all like or similar pro- cesses, modes of manipulation, or instnimenls, are classed together, without reference to the particular branch of manuracture in which ihey are employed, e. g,y founding, rollinf;, modes of separation, alloy- ing of metals, &c. ; this would be general or comparative teclinologj' ; or the Iransformalion of the raw malfrial may be describeil as it actually talfes place, following the natural ortler of the prore.wcs as they succeed one another, «. g., Ihe art of brewing, the iron-manu- ^icture ; this is designated special technology, or technolog}' proper. The subject of the present work is chemical technology, in the seoae which I have de5ned above; the ratioaal method will be fol- lowed in conjunction with the arrangement which I have distinguished as «^cia/; it, therefore, comprises a description of the processes and an explanation of the scientific principles, upon which those arts and manufactures are based that are chieny of a chemical nature. The want of intimate connection between Ihe several branches which excludes technology from the cycle of the purer sciences, leaves the arrangement of ihe matter, whatever plan may be adopted in general, very much at the option of the author. Technology proper is divided by some into sections, corresponding with the various arts that are of common occurrence, (distilllDg, tanning, preparalioa of iron.) Others make the naturcof the crude material a meansof classification, (work- ing of iron ores, products from corn, from hides ;] others again clas^i^y according to the nature of the products, {e.g., preparation of leallier, of brandy, manufacture of cast-iron, &c.) In this votk the latrer mode will generally be adopted, but not upon all occasions. The individual branches of manufacture, when not too insignificant to merit attention, aie collected together into groups; the members of each group are connected either by a process common to all, (as combustion, fermentation,) or art.' dependent the one upon the others in (he several processes of manufacture. Jtise and Progress of the Jtrts and of Technology. — A scientific treati.ne iipon manufactures presupposes a gradual development of Ihe subject through a long series of years. Amongst the ancients, prior to the Crhrisiian era, when virtue and valor were not distinguished ^m each other, individual bravery was held in the very higlieitt estimation, and any oroupalioa connected with manufanturc was con- sidered a dishonorable retreat from the pursuit of arras, and only fit to be followed by menials. Tradition, however, aflbrds some remark- able exceptions, as in the case of heroes following the plough ; and Homer sings of the queen at her loom, and of kings' dauchlers en- gaged in domestic cares. The nobles and clergy of the middle ages — the former engaged in the art of war, and the latter caring for the interests of the faith — looked with tike disdain iiimn the arts and upon husbaiulry, and lefl both to the care of serfs. .Manufactures, spring- ing up with dilficuliy upon the soil of feudal dependency, at last took Dff INTRODUCnOW. refu^ antt found more propitious ground amongst the freemen, who, combined in common defence against the oppression of (be nobles and of the time, surrounded and protected themselves by the walls of their towns. The increasing power of the cities, aided by their common alliance, (Hauseatic league,) went hand in hand with the progress of the arts, which, indeed, became the very essence of their power, and was promoted alike by external security, as well as by internal freedom and equality amongst indtviduals. It was in the towns that the manufactimDg clas!> was Srct acknowledged by history, and obtained that rank amongst the other classes of the community which the consciousness of its own power and weight had so deserv- edly gained for it, a position which the more liberal opinions of the present day, common alike to all civilized nations, can never refuse it. As soon AH prosperity increased the influence of the traders and manufacturers, they endeavored to protect themselves from becoming over numerous and from too great competition, with which they were threatened by the pressure of the limes, the want of communication, and the insuificient amount of exchange and export trade. These objects, as well as the desire to introduce more order and regularity into their internal concerns, gave rise to the guilds, or corporate societies, institutions, which at the present lime — not from any fault in themselves, but from the reform which society bas undergone, having survived the outward necessity which gave rise to them — have Tost their importance, and are gradually sinking into decay. Notwithstanding (he beneficial influenceof these institutions in giving a sound foundation for the acquirement and exercise of the individual trades, in distributing wealth more equably, and in imprinting a high moral respectability upon the whole trading community; yet the closeness of the corporations and their disputes concerning the bound- aries of the different departments, their abuses of eeremouy, their misuse and total neglect of industrial power, were serious obstacles to all progress. The appearance of Ihe fifteenth century- with its important inventions, created an era in [wlitical and social institutions. The mariner's compass, the discovery of the maritime route to ihc Bast Indies and to the American continent, emancipated navigation and commerce, whilst the introduction of fire-arms completely re- formed the whole system of warfare. The relationship existing between the nobles, the towns, and the country was undermined. The great advances which have been made in later centuries and in our own, are, however, by no means alone due to political reform. The compass was yet M'anling that should be n guide through Ihe wide Belds of knowledge, and establish an interchange of ideas. Up to this date — and indeed we here iind the true characteristic of former limes — the spirit of invention hatl no other allies than matured expe- rience and practical method, which can boast, unquestionably, of having accomplished great and remariiable things, but for which purpose many hundred years were required. All the knowledge that distinguished individuals acquired, was otily known to the few, and as there was no way of communicating ideas, Ihc great mass received I5TR0DCCT10n. n I no benefit or advantage from it. At length the art of printing vat invetitrd, and with its aid knowledge wa? circulated, expanding and fruclifying, jo ever}' direi^tion. The dawning I'onscioiisness of know* ledge raised the veil uhlch had obscur<-d the mysterious workings of naturr, and the spirit of inquiry entered upon this new field with the most signal success. But before this ofispriog of peace could obtain a lirni footing, the more important interests connected with religious opinion, contending both with the pen and the sword, forced those of the arts and manu- factures completelv into the back ground. Tlie Ihirly years* war annihilated crops and harvest for » considerable time, until recurring peace relaid the foundations for the establish cnent of manufactures — again to be undermined in the course of lime. The consciouRuess of political power gradually becooiinp stronger, gave rise to differences of opinion, and parties were formed, whose dissensions could only be settled by the force of arms, which being resorted to, proved destruc- tive to ail other intere!>ts. The revolution, as a silent but not the less impresave reform, which continues to exert an influence even at the present day, rejected without mercy whatever traditions of antiquity would not adapt Ihemselves to the spirit of the times. The soil which modern ioduslry fmind propitious to the spread of its firm and power- ful roots, was prepared for it by the equality e.stabli.sht-d amongst burghers, and their rights of representation, by the freedom of trade, the remodelling of the system of taxation, and other equally salutary institutions. Adet severe struggles, science was at length fostered by a long peace, and with it the arts and manufactures; for it is peculiarly the characteristic of our timts, that science is brought practically to bear upon the useful arts in all their great variety, and that the progress of the one necessarily creates fresh activity in the other. Objects of Technology. — As a consequence of its historical deTclop- ment, the nature of manufacturing industry has very much altered its former position, and assumed one of a higher character. As the source of public prosperity, it has become the surest and broadest founda- tion for national pOM'vr, and as such, its culture and safetv must be the primary care of every wise government. Thc]>owcr ana alfluence of a country depend not only upon its natural advantages, but chiefly upon the degree of skill and ingenuity with which tlie industrious classes make use of those advantages. This is the most palpable aim of manufacturing industry, but it is not the highest, nor is it the one most peculiarly its own. The mere improvement of the temporal condition of single individuals, or of the whole community, would, DOtwilbstanding its great importance, be a secondary object, if its real tendency were not to free mankind from the burdens attendant upon existence and from the cares of life — to ennoble, indeed, his moral and intellectual nature. It is science, and above all, the science of nature, which is destined 1o be, in this sense, the surest guide in all practical undertakings ; Lhe union of theory with prac- tice has already performed wonders, and indeed the great novelty IS INTBOCUCTION. and true greatness of modern industry consist in the beginning which it has maae towards the removal from our race of the ancient curse of workine; by the sweat of our brows, and in having subjected the powers of^nature to the yoke, and compelled them to become our willing and potent helpers. Man has been released from those labori- ous occupations which are now effected by water, steam, wind, and machinery, that be may apply his powers to more noble aims. As the demands made by our physical wants are peremptory, it becomes the highest problem for manufacturing industry, to produce 8 supply, at as little cost of labor or power as possible. To do this, however, the archives of science must be consulted, and it must con- stantly be borne in mind that our endeavors are most likely to be crowned with success, when they tend to elucidate and explain the laws of science with a view to enrich the arts with more definite and productive principles of action. PRObOCTlOR OP HEAT. GROUP 1. BiUNClIES OF M&NUl'ACl'URK OEP£.\mNG UPON TU£ PROCESS OF COfitBlJSTION. When the chemical combination of two bodies takes place with the evolution of light and heat, (as with antimony and chlorine, copper and the vapor of sulphur, &c.,) the process is called ecfmbtution. The nost common case, and that which has been made use of from the most ancient limes as a source of lieht and heat, is that in which bodies, naturally predis\|»sed, arc subjected to the ener^tic action of aTmospheric oxygen, which is present at every part of the surface of the elobe. For practical purposes, the process in question may be considered under two points of view. Combustion is eflecied either fbr the production of heat, ox as a source of light for purposes of ithwrination. The nature of the chemical process and nf the bodies employed, as well as in most cases the practical arrangements, render it impossible to attain both ends with advantage at the same time; hence the prodnction of heat and light, alfhough pertaining to the suae group, form distinct branches of manufacturiog industry. L— OF FUEL AND THE PRODUCTION OF HEAT. (y f\t€l. — Nearly all operations carried on in the arts require the application of artificial heat, and hence the means of obtaining this^ becomes the very tirst consideration in every manufacture, and con- sequently of the highest importance to the external prosperity of the nation. It is a fact, c. g. that the political power of Great Britain is due to the greater development of her manufactures, and that this is entirely dependent upon the abundant supiily of those means of pro- ducing heat with which she is giHed above tne other nations of Europe. The peculiar substance of plants (and more particularly of trees) is iiDder all circumstances, whether found upon or under the surface of the earth, peculiarly adapted to supply these means from the ease wilb which it undergoes combustion, and from its extensive distribu- tion as well as constant reproduction. This substance itself, as well as those products resulting from its partial decomposition, inasmuch as Ihcy are used for the production of heat, are collectively called Jwil. Under this term we include, wood, turf, brown-coat, tommon coal, and anthradte, which occur as sucli in nature; also Morcoo/, both from wood and turf, and coke, which are artificially produced. Qf Wood. — The trunk, the roots, and the larger branches of trees are all called utood. Wood is composed of three different substances : 20 OP WOOD. firstly, woody fibre, a corabinalion of carbon, hydrogen, and oxygen, which, constitiiting the cells and vessels of the plant, makes up the chief part of its bulk; secondly, the constituents of the tnp contiiiiieJ in the vessels; and lastly, Miuter. Recently fijiU'd wood necessarily contains all three ronstituenls. The two first only are supporters of combustiun, and produce heat; the water, on the contrary, whilst the wood is burninff, lakes up a portion of the heat produced, to convert it into vapor. As woody fibre and water are coraoion to aJl kinds of wood, (he dtllerence which has been shown to exist between diilerenl woods must entirely depend upon the constituents of their sap, and upon their structnre (density). Notwilhstanding the great difference, chemically speaking, in the consliluetils of (he sap, (the coniferous ^voadii containing resinous matter; the beach and birch extractive; and the oak tannin), yul the accurate aualysiii of dried woods has shown them to contain the three constituents nearly in the same pro- portions as pure woody fibre, t. e., the constituents of the sap form a very small proportion of the whole bulk of the wood, and yet their action becomes very perceptible when the wood is appSted to practi- cal purposes. The amount of crater in wood has more influence, and ia of much more importance. This is frenerally greatest at the time of the How of the sap, and least, when the crowlh of vegetation is less rapid ; for which reason, wood should always be felted at the latter period, unless other more potent reasons prevent it. Amongst tliese may be mentioned, — the important secundary uses for which it ia cultivated, os for the tannin in the bark, or the liislrict H]iori which it stands may be a moor or mouotainous, and inaccessible at such seasons. As the amount of water (sap) in wood diflers according to the time of year,* and is greater in the young shoots and twigs than in the more solid stem, so it is likewise different in woods of a like nature but of different botanical species, as the following numbers (given by Schijbler and Hartig) show. 100 PBTti or trnUi cut \roocl fruni the Hornbeam (CWr^- bfinl.) cont&ina 18.6 Willow (SnLntproa) • • - 3<IjO Sreunoni (Ac. ptKiidcTilu.) - • 9TjO .Mounliin A»li (Snrb. Ruoup&i.} • 38J A>h (Pnuin. oxeeUioc) • - 38.7 Birch (BeiitiB alta) • 30.S Wild Mrrice tine (CniAce. innninal.) 33.3 Onk (QiiMc. TQbui) . . . S4.7 Pcilktc Oak to. pcdunculBia) ■ S3.4 While Fii (I'in. nlji^fl dur.} - • 37.1 Uano«beBtDni (Aeamil. liippocatL) 3B.i Pine (P. cylTeatr. L.) cnnmins Ked BKwb (pBgui oflmt.) • Aider (Bciut. alnus) A«p (l'r>\|)uL tremu^] • Elm (Ulniu csmpuit.J Ked Fie (P. pit:e« Dur.J Lime Tree (Tilin Anrapo] - lUtlinn Pojilnr (Pi.j.. dilatat) Larcii fPiii. Juris) White Popbt (Pnp. olt«i) BIbcJc Pupliir (Pop. tUKm] • In recently felled wood, therefore, J to J of its weight is water, and in that used commonly for fuel above J, a quantity which very much diniinifihcs by keeping the wood dry and exposed to the air, but is not entirely removed under atiy circumstances. The tendency of the air to take up aqueous vapor, which occasions the drying of wood, Tbo wood of iNn. Mtt ooatain«d to Jmuut U, in April 81, lluu uf I'fOJ. cncUor in Jutaur !I9, ia April 30, par cent, of water. OP WOOD. Oifc wvodloK • < ie.«4 Fir vruwl iot - 17.53 Elm wood " - 18.91) Birrh " " • 10.38 bccb - « - 1S.M Liino ■■ « - 18.19 Mnpto " " • 18.03 Pophir " " - 19.M« BttaioH gradually a kind of equilibrium, with the bygrascopic pro- perty of the wood itself, which enables it, on the other hand, to take up moisture ; aatl when this occurs, no further dryiug can be eflectcd, and the quantity of water retained remains unrhangMl within very Darrow limits. In this state of equilibrium, in which alone wood is made use of, the wood is said to be atV dried. The remaioing moia- Iture r-an only be expelled with the aid of heat, and the last portions Doly with such difficulty, that the wood begins at the same time to decompose, and becomes brown. Rumford heated the following air-dried woods so long at a tempe- rature of ^77'^ F. as they lost weight, without being chemically changed, and found that 100 parts of For practical purposes, such a complete state of dryness can seldom be attained, so that the wood used for fuel after exposure to the air for 10 or 12 months, contains from 20 to 25 per cent, of water. The former number taken as the mean, gives us in 100 lbs of air-dried wood only SO lbs. of real fuel. Wood, several years old, kept in a warm room for six months, still retained about 17 per cent, water (Winkler).t Woods are commonly divided into tbe hard and soft kinds, a distinction groundoil upon the facility with which they are worked, and upon their powers of producing heat. The former, amongst which are numbered, oak, beecb, white and red, birch, elm, and alder, contain in the same bulk more solid fibre, and their vessels are narrower and more closely packed than those of the softer kinds, which include that of the pine, fir, white fir, larch, lime, willow, and poplar. High situations, much exposed to wind, and a poor soil, cause the annual rings to be less developed, and consequently more closely packed than is the case with wood, which is protected and growing 00 the more fruitful soil of valleys. The specific weight of wood mast necessarily stand in a certain relation to its hardness, and in- crease in a like proportion. For this reason, and as knowledge of this kind is useful to tbe practical man, several experimenters hare turned their attention to the subject. Wood not being a homogeneous substance, its specific gravity, which is made up of the weight of the solid matter with that of the water contained in it, and of the air of the pores,! ^^^^ these different constituents occurring in variable pnv I I Tb« mmr kituU of wocm) frMd ia Iho mric nuuinci from all water al 2TI^ T^ and axpiMoil in ihannKi to the nif, abioibed in wintor (4S° P.) fKmi 17 — 10 per oeot, and w tummcf (63^ F.J from 4 — » pci eetil. of water wjitun 34 lioare, whkb haa euily riplam wlijr wood it dried wiUi m> mncb djSoullf . T Tlw wood oompOBing the beam oC\ toon 150 jmx» old, and preaenvd ftom iaoii> mt, bad a (pec frav, 0^&S%, and cxniaLanl 1(XS per <xNL wau^t. } 'Rmv Rumrord calculatMl Ctom tlic specific niaviij of die fretb wood from Mppy Viii and fh»n iliat of iia mAiii pans, ibat l cub. ft. of ttvA oak wood eoniaiuMi 3t>0 oib. ia. of Mlkl fibfa, 860 ath. in. of np, and 940 in. of enclowd air. Poplu wood in ibn ■raie ifmuiiM In tba eubio Ibot, 343 cub. tn.nf fibr«, SI9oub.in. of Mp, and &39 ill. pf air i Uma-wood, 365 cob. in. wood, 30S cub. io. lap, and 370 cab. in. of aii. OP WOOD. portions, could not be ascertajoed with that degree of certainty to which we are accustomed to scientiBc investigations. This difficulty wa^ very much increased by the modes of experi- menting being diiTercnt and often inappropriate. Wnod ilselT, sup- posing it free from pores containing air, is distinctly heaTicr than water. Thus, after destroying the pon-s by rasping and by delermin- ing the volume of the rR.sping$, (he specific gravity of lime wood was found to be 1.13, of fir wood 1.16, of oak wood 1.27, of beech wood 1.29. Uumford8 experiments led to the conclusion that the massive part of ail woods without distinction had a specific gravity of about 1.5. Experience has shown that wood sinks aAer long immersion in water, when the air has been expelled. In the following table the respective weights of the different kinds of wood are given, according to the best authors, and in the slate in which tbey are used : that being practically of the greatest import- ance: •TBcirK vBAvnr or the »irtcutvT kivd op wood t wi,>xs mn* vxitt. I. ri. III. IV. V. VI. V«rie(7 of WooJ. Raeanll; Dried in rpilutt. 1 Air. Slrttnglj '» Ijuvrcu* robur (Coniinoi) Onk) 1,0754 0.71)76 0.6441 U.6«3 0.939 Q.6M Q,. pvilunciilatm (Padido Oakt I-U494 O-tlTT? ^ 0.663 ^ O.AAn Salii (Iba (WhiiA Willow) . . D9SS9 0.4873 0.4404 0.457 OMA ^ Ptgua silTKliL-a (ll<>cll) • ■ ■ O^SU O.fl907 0.&423 0.5«O 0J1A2 0.7Sft l;]inui c!inipctut» (RIml . . . O.HTfi 0.M7 03788 0.518 0.600 0.5«8 Carpinud bdnliii (Hornbeam) . . 0.J453 0.7 OSS — 0.691 — 0.7W Pinua lafii ({•■Tcli) 0.9fiOA 0.4736 — 0.441 — O.AI» Piaui ajrUMIrit (Scalch Pir) . . 0^)31 0.6S02 D.420S 0,4SS — — Aner \|iMii(]o\|iUtaiiua (Sjuamorv) . asosfi 0.6503 0A779 0.6I8 0.75S 0.S45 yraiioua eiceliior t Aili) . . 0 9U36 0.0140 0.fil31 o.sia 0.734 0.670 Uetulanlba tUirchl ..... O.QOU 0X374 o.&es9 0.698 — 0.13B SorbuB aucujwna (Mount. Aab) . o.ew)8 O.fi440 — 0M% — ^ Ptflui abici, Umai ^^'lt} . . . 0.E841 0.A6M 0.4903 0.493 0.fifl) 0.4SI Pinua pmaii, Dur. 'tiiltcr Vit) . , 0.S699 0.4113 a.8SS8 0.434 .^ 0.7S3 Oral. inriQinalii (Wild «tTic«> o.Msa O.MIO .. 0.M9 0.BT4 .^ Aaa«ulii tiippAc. (Horaa «h«aiaui> 0.14614 0.6149 ^ ^ — O.IUt Baliila aluiK (A1<l() .... o.tu?i 0.6001 _ 0.44] 0.900 o.5a» Till euriipra J.rin^) .... 0.8170 0.4390 0.9480 0.431 0.004 0.M9 Pnpulua ii'gra [BUck FopUr) . . 0.779* 0.388C -^ 0.349 0J83 0.3S7 popului l(eiiiula(Aapeu> . . , 0,7«a4 0.4308 — 0.418 — — !>«](. aalicailuillai) Foplaf) • . 0.7S34 0.3931 0.4403 — — — S. capm [Gt. rouud 1 £alIo«) 0.7 i&a 05a«9 — O.£01 — — Qtii- 1 I.3U0 fiui. \ u2eo — — ^ ^ ^* ^" ^^ ^^ The column.f I. and II. give the weights ascertained by Hartig: and column III. the less accurate determination of Weraek. His specimens of woorl were dried in an oven until they ceasetl to lose weight, anil then the loss which they sustained, on being immersfd in water, was determined. In the IVth column, the results obtained by Winkler are given, who weighed an exact cubic inch of each wood. Aornr<tiiiii to nniiUiaf rnlriilntkiin. I ruli. li. orair^ltieil linii<-wiio>t,rt>ntnina 5&B mh iit. nf fir wowl, SSU (.'bb. iu. uC uolcwvuit, Sttl uuh in. uf UvcvU-H-oud, 4^7 cub. ia. irf nil in ttie ponNk or WOOD. S3 The Vth column coDtains Nfuslienbroek's numbers, and the last those of Karmarsh. The American, Mr. Marcus Bull, whose determina- tions are most trustworthy, obtained ihem by the method of imraer- sioD, taking tlie precaution, bow«ver, (o cover each specimen with a varnish of specific gravity = 1,000, nhicfa, without giving rise to error, ensured the presence of the whole quantity of atr in the wood. The Kuropean wom1s, 88 sliowii in the table, are Iherefiire neiirly one half lighter than water, so that 1 cubic foot of dried beech wood weighs 34. 3lbs. ar., 1 cubic footof oak wood 40.6 lbB.,&c. It must further be mentioned that wood dried in the air decreases in bulk, often as much as 0.1 of the whole. In mountainous districts, where the wooded parts are steep and intersected with rapid streams, the latter are fre- quently made use of for transporting the wood for fuel. In the Black Forest, Salzbui^, &c., large quantities of wood are floated down in this manner. Looking more closely, however, into thi.s practice, it Bppcarsthat the adrantage of cheap transport is partly counterbalanced by an inferiority in the quality of the wood so transported. Long immersion in water must necessarily dissolve out all the soluble mat ters, and thus diminish its volume and power of producing heat, which is actually found to be the case. Wernek asserts, that one cubic foot of wood may lose by being floated 1 lb. of its weight. Daily experience teaches that wood, when burnt, always leaves an incombustible residue, the ash; this consists of earthy and alkaline salts, which the living plant has taken up from the soil for its own purposes. This amounts generally to about ,'q, but sometimes from Vf '** 70 ''" ^^^ original wood. It has already been stated that the proximate constituents of wood^ as regardsthe relative proportionsof their elements, do not differ much from pure woody 6bre (wood purifieU from extractive matter and water). The knowledge of these relative proportions not only explains the peculiar properties of the individual woods, but is essential in csti- matiDg their relative values. Schodler and Petersen, with this object in view, have furnished us with the following results of the element- ary analysis of woods dried at 100'' C, and previously pulverized : In lOO pons ibry founil: ■iMdai ofWottd. Cartmi. Hydro- g«ii. Oxy- gtn. SpMHM or Wood. CarlKHi. Hydra- gM. Ojy- fen. \|ara woody ibn . QMoreiM robur . . Pnit.eie«l«ior Ac«r eiBipvttrii BeUUtlta . . . Ulaiiw caiapeK . . 63.(3 49.49 49.30 4D.M) 4S.A3 48.eo 60.19 6M fi.07 4.075 6.31 e.w «.373 S.43J 41.10 44.M 44.d7 43.89 43.39 Popuioa Dffra . . Till* nropca . . Pinui tbiei . . . I'inu« picaa . . . Pinniijilvenru . . i'lQui larii . . . 49.W 4».4t 4S.44 49.94 S0.I1 «.3t Ml e.ss flJI 43.fl9 43.T3 44.80 43.05 44 OS 43^1 43 .&S It will be seen that the composition of different woods does not vary so much as might have been anticipated from their various properties, and yet it must not be overlooked thai, whilst hydrogen and oxy^n are contained in woody fibre in the same proportions as those in which 94 or WOOD, the)- unite to form water (1 : 8}, this relative proportion is exceeded by the hydrogen io the different woods, and in a variable manner. [The following general tabic" exhibits the roost important practical results of Mr. Biilrs researches on the heatinc power and other pro- perties of forty-six species of American woods. The high e-ttima- tion in which these carefully conducted experiments are held in every part of Europe, added to their intrinsic tispfulness, renders it highly proper that the Amr^rican reader should have easier access to them than it is practicable to obtain from the works in which they have hitherto appeared. They are here presented entire. Nhiw* of W<wd«, WUla Aah tPruiiiii* AmerioMia) Jtppla Trn* (Pru> nwlu) .... ■ Viliil? Rrrch iWpif lyltMlri) rlnni.-k lt>r,-ti (HriulaUuiM) .... rlA'hile DiK'h (Hc-tula \|>o»altli>[ia) I'lButior'niii ;Juj(Iqii eKinanieai . ' Iti^il ITfilBi tJumiKinu VIccinianal ■ Ainonrsi- rhBitnui \|rai>inoa vMa\| Willi Clifrr/ [Oerwiia Viriiiinnk) . . Dojt Wii<>4 iCamnii flari'la) . , Wnil# Kim (liliDtitAtni'fK'Kna) . H Gan (Nynsa iTlvaiical •MM rium lld(\|uiiunliar ilynulllua) ?1HI bark Mickcn- (Jaalant MuwnoM} . Ik-iiiii tlli-kiir) •JiikImii. pairlnil I Rnl heart Hickory iJualiint lB«iaia[an . WiK-Ti-hnii'l iHaiiiHiiirUii ViFfiiilca) . '• Amencan lk>Ily (llei opaca) Aniarx'iii III in <l in HI I >(rcr\|>iiiai Aniarlcajia) Mn-iniBiJi IjLuicl [KaUfiiB latifalia) • . Hue) Mnr>l> [Arrc ur-iliailnuml Holt iMinir I Ac«r rutrumi .... t.ar«r MnutiiiUii \|Ma)i<"illB\|\|T[ii)iflon>) . Clu^iQiiti IVUiic Oik iQiittcui prinui i:«liutria) W)iii> ntik KjiiTi'iiK iillia) . ftliclM'arif Wlii.r? vmk i^Jufrena abiuaUftba!) Bamn Srniti (hiL Kjiii-ii-iit oaCnttMNi) P»i DoX (Qiirriui iialuiliii) Scrub Rlai-k Uak iQurtrui lianbMrl) .' Beit Oak murffua tulira) .... ' Barren Oak lQij«n.'u< ferruirf'i naj I ftork (;lmlll1ll(^■k (Querriia jinnaa montJeola) . Yellow Uak (Uuvreu \|irinu« acuniuialn) . rflf'anlth Oak (Qui^trua (ntraUi) . [ J'enuTioTi iDiaipvran Virjiinianal Vrllijv Hiiiir, rViiV. trmiikniilli) [jtfBy ttiir (Pi'iu* I'lOl^l ~ I Fiiii (I i'liia iiKliIal I Pill* I rimit >iroliu>) ' Pujilni (l.tiiiiiltiiidrari iiilipbhta) . bM4r Puptar'f Popolu* 411 niaial Sl^orua aauBrnM) rf lArnnla ar'xmal vvarDMirr (Ak'! parailo-iilunTiiiil Walnui iJutlain iiwra) .... I XVliorilnJiflri)' (Vm-ciiiiuia rorymbiwjnil ^1 .775 W. TIM .WT .WTtSM .SB .MO ,M? .H1& .Tva I.CU) IMP .as .7W Ma ■M4 .715 -in 17 IK .esa .711 MOD .-SKI 3116 SS33 ma 3[U tt34 jmatan MO am 3HS& raw nM not 079 3000 .M Mia .lie .303 an IBM ikStil Iff .7X Mflma »M awi 3CM4 nil t ^ SSTI Si l»«I 140 19 WTTi MM SMBI SI 70 ii MM S.III ION «UI SMS SXM 91.411 tan IV 9I.M 9143 »M n.M •an 91 «a un 9im 1143 SSU ■3UM 91 M OLti ^m in TO mm aajK 1I1.SD »:» .W7 .44« Jiln .I9N .Ml -iBT lO- X9 .4n .4(>1> MJ J33T .am J74 4a7«.03 .iSI .870 .«» Ml .m JDS .«» 4tt» .447 -4.-n JDl .vm 3X1 JHS .«CI .»Q US in.41 il.'X Visa 10.19 1SL4; liJU IBM 11143 »i.M IH.70 ■i{.ra tt.n 33J9 90.18 lOJS lOJH 10,17 KM ■tOM 31.10 12» aD83 ■&U mas 'Ji.as -AH i&a IPAS M.R ».« tsus lAH) ■2 WVUIt •JXM 19.K ■XS3 77» KU «H «30 an aw an Tea M4 wa im 1071) 64S TSO cm »u 7IS SI 7 U1 «M Ml ese 740 714 T49 774 «M KM «H 891 «a ru 3M Ma 4U «« (UT 304 en >0 F Rfi'S 1^ -at « o sT«r u . ~^iO hy^ - 2 «TJ ^> n-it. ai e u 33 040 33 D ST 8 M 8 4S 8 Ml 84 » D 40 37 a 10 tt 8 10 M 0 10 33 8 3D » a 9» a 40 a S40 at <an » 8 10 SI a» a» t » a 40 «■ 0 10 as i n * 10 at a 30 » • w 3S aao M «30 » «9» at 4.10 30 duo 9B • w « 0 41 0 10 3U n» » «3D 33 «3D IS ft 40 XI • 40 3D a «u a? « 10 34 • 40 » • ao IS 880 <B s an at 0311 IS 0 JO * Thi^ originol taemoit o( Mr Bu£l (rcni) April 7, 1836) ii found in tfio of til* Ainer. Thll. Soo., tdL ifi., New Spries. pp. I— 60.— Ait Eb. 00 M aa « n n n 71 aa aa 81 80 M aa M 48 « at «) » m aa (IS 73 TimDMciioiu or PEAT. I I Of Peat. — When the soil of a district assomes the form of a flat liasin of greater or smaller dimensions, so that the water which col- Jecls cannot freely flow off, but stagnates for a length of lime (forms a moor), which is not of uncommon occurrence in the temperate zones, and is favored by the tardy evaporation, then water plants of all kinds, sedges, rushes, reeds, algx, mosses, even shrubby plants, as wit- lows, &.C., avail themselves of the propirious situation, and quickly form a thick covering of vegetation. With the change of season these die and fall to the ground, making room for a second crop in the fol- lowing spring; this goes on from year to year until the hollow bog ij completely fiUed up, although in a very loose manner. The remains of the plants immersed in water quickly undergo decay; they lose their original solidity with the simultaneous evolution of gases (marsh gas, carbonic acid) of a disagreeable and partly noxious odor, at the same time that they take up oxygen from the atmosphere and from compounds contained in the soil and water surrounding them, e. g.f sulphates, which they reduce, they become brown and soft, and eventu- ally are converted into an earthy, black-colored mud. The debris of plants, reduced to this state by decay, or in which the process is still going on, is called peat. Smaller ncpnsit.s are found almost in every counirj-, but districts of immense extent occur, in the Ibrmatlon of which, (he waters of the sea appear to have borne a part, as may be seen upon the low shores of the North Sea and German Ocean (Holland and North Germany)." Sometimes the peat formation ap- pears to have taken place at successive period.!; the mass is (hen generally divided by layers of sand. Altliough peat sometimes occurs immediately at the surface, it is frequently covered with sand or mould, but is always found in hori7ontal layers of modrrate thickness. Peat belongs to the more extensively diffused kinds of fossil fuel, and is obtained of two kinds, which are solely distinguished by their geolo- gical age, or by the amount of decay which (hey have undergone. They are: 1. ReceU peat, in which the structure of the roots and stems is still perfect, and which possesses a very porous, specifically light texture, is soft and exceedingly fragile. Passing from light brown to blackish brown, and containmg the roots and fibres which are really foreign to it, disseminated through an earthy matrix, it gradually verges, without any marked distinction, into the 2. Older peat, in which all organic structure has disappeared, and the fibrous has given place to an earthy texture. Those kinds of peat must be considered the oldest, the earthy fracture of which has be- come so 5ne in the grain, so free from fibre, and so dense as to ap- pear smooth and shining like wax (pitch peat?). All kinds of peat DclODging to this class are decidedly heavier than those belonging to WKiln in wry inounininmis ooantrifx p«M-irMOTi of 30 lo 30 htt in exinu mn ft«- i\|iHnl in bollowB, they cover wbola diiuicB in UoUud. Tbej twjr quitB ■> mnch >b duekneM, geoonllr not cxcmmIuir n Tew f«et, whibi in Hollaod thejr aUeod to a depth of 3 hlhomi, ud in Ireland to dO TmL C 28 OP PEAT. the former; whilst o cubic foot of the more porous kinds only wpi^a about 4 lbs., the wHp^t of the latter amounts to from. 12 to 20 tiines as much (Kariuarscb).* Thf. humic acid contained in peat, and observed by Sprengel, as also the various other products of the decomposition of woody 6bre, which constitute its chief muss, are of little interest, as regards its application. The same may be said of the resins discovered in it by Mulder, and descnbed by him. In Germany, for iastaoce, on the Kbine, the cutting of peat is a very simple operation. Having; laid bare the surface, the peat is cut by means of common spades into the shape of thick bricks, and these are placed to dry upon some kind of support. Care is taken to separate the peat of the upper part of the layer, which is yonng and 6brou8, from the heary and more plenti- ful lower peat. Somewhat more circuitous, but certainly more appro- priate, is the process adopted in Holland, which exactly resembles the preparation of bricks in moulds. As long as is practicable, the peat is scooped with spades, and when the peaty mass, which is more flpODgy than solid, becomes too thin, a particular kind of instrument is suDstituted for the scoop commonly used upon such occasions. This consists of a kind of sharpened iron ring nxed upon a handle, forming, as it were, the side of the scoop, and is perforated with small holes in the side, and intended to support the bottom, which is formed of a net or piece of cloth. This instniraent prevents any quantity of water being scooped up, the boles admitting of its running otT imme- diately, ioe mud collected in this manner is converted into a homo- geneous mass, by treading with the feet, stirring about with rakes like mortar, and picking out the stones, and is then spread out evenly in layers of one foot in thickness in large wooden boxes, such as are used for slaking lime, that the water may run off and the mass be- come dry. To facilitate this, and to prevent the adhe-sion of earthy matter, the bottom of the box is strewed previously with stamped bay. When the mass exhibits a certain consistence aner some days, it is subjected to another operation, in which women and children are em- ployed, who, instead of beating it about, strap flat boards, like snow- shoes, to their feet, and stamp about upon it in all directions. This is continued until the surface no longer takes any impression Srom ft oommon tread; and lastly, it is struck with beaters until the surface is uniform. The whole cake, eight or nine inches in thickness, is divided by means of long laths into squares of about four inches, and * TbPitnnd-dach/orHMMODtnpTUMaKlvonvvpMunicxin. TlipRbinv.Jbnnoilf ol> fltiBCMd in iu couTw »■ fiinp^n^ vru forced to ipond its waters over tha Itnr-taads oppo- liU MmytirKx, and the itnxnitiing wnir-i which trmninfil afloc thv Rhio* had fttrem tia pUtagp, ^va rbr, in Ili« ■ill! (wimpr diitrii^i callad Rird, la tha HxnaWim of pWl, whiob ii now cut ai rfun^tvlaJi aufl Gri«»heiin, Thn pent of tfat lauai locality u deose, haavy and hlack, anil clomtly n-latMbi Xb« olilrr prxt- Ihnt >nf iha fomer is ligtit. wiihont eanby conslitueni, licli in llic ruois uf pLanit oC a liiiht culor, and oTJclDntly IwIodrs to the more recnnt iiprciiw. Thn tiimlifjr of Uie nriwh^im peat )« »enf enpftrior to thai of tha other livBhtjr. [In lh« Northern unil MiiIcIIq Stntrs of thn Union, pMt marihea abonod, and aie beawniing obji^s of miaid^rable ini«r«t for tho Awl wbkll ihsf Mp- p\j, aa well aa ibe Rianui« alforded to acricnliure. — Aa. En.] OP PEAT. ST gradually removed. The thickness of the cake is the length of the bricks, which are kept upri^t. To effect the complete desiccation, the first is taken out and laid transversely upon the second, the third is laid upon the fourth, and so on; this order is afterwards reversed when the pieces are piled up. In some places, the peat mud is •cooped out with buckets on to a dry place, and when the water has drained from it, is made into bricks wilh moulds. Too large an amount of water in the peal may corupletely destroy its value, and render it incapable of being piled. Its value increases in rapid proportion with its dryness, density, and firmness. If it possesses these qualities in an inferior degree, it suffers by carriage and by keeping, the upper layers of the heap coropretising and breaking the lower layers, which thus become valncless. The porosity and brittlcncss of peat prevent its application in ail cases where fuel and matters to be heated are piled up to a height one upon the other, independent of this, the fact is of great Importance, that dense peat comprises, in a like buik, much more combustible matter than porous peal. This fact has ted, in recent times, particularly in Ireland, to the construction of presses for the purpose of improving the quality of the peat. The difficulty of introducing at the same time a quick, cheap, and effective machine,, has not yet been entirely overcome. It is evident that such a press, in addition to the advantages named, would also ver^ much aid the drying pnx^ess. In one experiment, a brick weighing 8 lbs. loart fi.fi lbs. of water under the press. The longer peat is kept and allowed to dry in appropriate sheds, the more it will improve as a heating agent. The amount of water in air-dried peat varies much nu>re than is the case with wood; and the subject has not been mucH examined. Another constituent, which is of little consequence in wood, is present sometimes in such quantity in peat, as to render it quite useless; this is the ash, which in peat is of a twofold nature; nrslly, the quantity of ash peculiar to ttie vegetable matters;* and secondly, all the earthy matter which has collected during the depo- sition of the peat. This is essentially different, both in quantity and quality, from the ash of wood, and is much more subject to variation. Thus in 100 parts of peat, the following quantities of ash hare been obsenred. * IiMamodi Ra Ata b«* not batm dtMolvval out hf the bag.w«Ur. OF PEAT. Vnirieij' of PeaL G(Mt Vtni, bruwnib yellow Piicb Pcai TounR, ckrt brtiwn OUl pnnliy Pcul Black, finn. ^m Neum&iuur . Bcowo. looHs fhrni Sctiwfnitiagen Vctr ol'l Peat, bom Vuloaire, naar AbbcTiCle Not Ki oM, frofn Champ Je ftu " Vtmt Btrlin. 1. Sm^m 2. " 3. " Black, olJ from MOgliii .... Braurn, ironnfc Hoot, in Eirhsfold, 1. ton . " " 3. "... . In 41 iDrta, ftom the £nc«cbti][a Alb. I ~1.S U — 8 Id S 10 7 10 8.S 7.2 3.3 4.61 5.35 ».3 102 11.9 14.4 14.8 31.9 33i> 30.5 SM 1 — M ObsctTcr. KanwuKh. Sucrten. SdtOlilar. Achatd. Einhof. Bucfaholx. Wiuklw. Peat may, therefore, contain from ] per cent, to ^ of its weight of ash. Carbianates of the allcalies are never found in it, but phosphates, sulphates. &c., are. Kinhof found lb.2b June, 30.5 alumina, 5.5 oxide of iron, 41 silica, 1.0 phosphate of lime, 1..05 common salt and gypsum, in 100 parts of ash ; Schtibler even found 34 per cent, of phosphates in the ash of peal from Schwenningen, upon the presence of which its chief value as a manure is based. As has already been remarked, tb« weight of peat depenilt; upon its state of dryness, upon its age and density. Knrmnrsch givc:s the following as the weight of diflerent kinds of Hanoverian peat: I. Light colored, young grass peat, nearly unchanged moss, 0.113 to 0.263. 2. Young brawn and black peal, an earthy matrix intersected with roots, 0.240 to 0.600. 3. Old earthy peat without any fibrous texture, 0.564 to 0.902. 4. Old peat, pilch peat, 0.639 to 1.039. Moulded peat from Griesheim (near Darmstadt), of good quality, has been found to weigh 0.706, so that 1 cubic foot would weigh on an average 35 lbs. av.,and 100 bricks (at 56 cubic inches), 113. lbs. They leave after incineration a mass of ash, which, although less in bulk, retains the form of the brick, and is certainly very considerahh- in quantity. A cubic foot of the earthy peal examined by Karmarsch gives nearly 3 lbs. of ash ; the ash of all similar kinds of ^eat is injurious for several reasons; partly in causing dust and taking up much room, which in lai^e towns, where it cannot be immediately employed as oianure, involves expense in removing it; partly* by acting cbemi- * la a &n, by mciuiii of whiclt W tne«uun'9 ^ 330 llw. of waier w«re eonTvited Into ■tnam in V hour. 340 lbs. of ptau were consumed. Tbe ub at ihU caloalaied at 20 par MM. would liavD 48 Iba. daily on die beartli, aad wouli! aniouDt in ihn year lo \|7S CWL, iba nraoval of which roiurt Iw aitcnd«(l with ffxpenK — [Tlib pnxluci of 1 ( jmU of mua (o 1 pan of foal ia eenainly a very low rentU. — Ax. £0.] V0S8JL 7VB.L OF THB ANTE-BISTORICAL BRA. s» callj in smeJting processes, besides decreasiag, of course, the quantity of combustible matter. The manner in which peat is produced, [see brown and common coalf) would indicate an amount of carbon in it, above that cooiained in woody fibre. RegnauU found, id three kinds of peat, after deduct- ing the aah, the amount of which has already been stated, the follow tag proportioDS:— F«u Own Vnkairo . . . 57.03 CarboD 9,03 Hydrogm 31.76 Oxygon ■ Lome . . . . 08,O» " 0.93 3iJ7 Cliatnp de feu . S7.79 ■ 8.11 3«.77 The last column includes the rery small quantity of nitrogen in peat, which is recognized by the ammoniacal vapors that it produces on heating. Foifii Fuei of the JirUe-historieal Era. — The steady and gradual operations of nature, at the present day, supply certain districts with a stock of fuel of no mean quality, by the constant interment of the lower kinds of vegetation in the manner described above; but in the r>oi.«y activity of her more youthful career, the wants of the liiture races of human beings were never overlooked, and, indeed, they were more abundantly and better cared for during the time that the cre- ating powers were fully employed in giving a habitable shape to our future dwelling-place. The science of geology teaches us, that at a certain period, our planet, — cooled down to a certain temperature, and thus admitting the vapors previously pertaining to the atmo- sphere to be precipitftted — was covered by a shoreless ocean over the whole of its hardened surface, by a world of water in the full sense of the word, whilst its interior still remained in a state of incan- descent fusion. This internal mass, void of all elasticity, and con- stantly compressed with immense force into narrower limits, by its hardened crust of stone, at length burst its barriers, and gusning forth through iunumerdble fissures, became solid, and formed so many elevations whicli appeared as islands in the vast ocean. A period of rest succeeding, accompanied by more than a hot-house temperature, and an atmosphere rich in carbonic acid, gave rise to an insular flora of gigantic dimensions, but resting upon an unsteady soil; ibr the same disturbances recur, fresh elevations of the ocean's bottom gradually straighten its boundaries and force the waters over the insular forests, burying them under masses of mud and deposit, or carrying thera off to more quiet parts of the ocean. In all pro- bability, the numerous strata of the transition formations have been produced by repetitions of the same process. The heat and moisture tended to accelerate the carbonization of the buned vegetation. It Vb-ouM, however, be going too far to maintain that the process of car- bonisation had already ceased, after Lyell has shown that it is still pro- nessing, although inadiflerent manner. The great riversof tlie Ame- ncan continent, far removed, in some parts, from the civilized world, and unrestrained in their course by artificial dykes oi dams, destroy and lay waste primeval forests, sometimes by inundations, sometimes by c" 30 FM»IL FDEL or THE AXTC-UISTORICAL ERA. utulermioiag their banks, and cany down innumerable trees, partlco' larly at the time of their overflow, whose roots have been laid bare by the water. These, after remaining for a long period in the water, which the various impediments to their process tend to lengthen, become so heavy that they can no longer float, and if not carried away by currents into the sea, are deposited in the deltas of tlie rivers with the debris of rocks, sand, and mud, which the river is constantly bearing from the interior towards the coast, here to un- dergo the same change as in the former case. This change, as in the case of peat, is of a purely chemical nature, occasioned by the presence of moisture in the earth, the partial access of atmospheric air, and sometimes by the enormous pressure of the superincumbent layers of rock. To show more clearly the nature of the process of decay which here takes place, it may be stated, that coal occurs in very different formations, and consetjuently differs considerably in age; it may be distinctly classed under two heads, according to its age, and the two kinds can likewise be distingxiished by their internal (chemical) cha- racters. In all coal tliat occurs above the chalk, and which, conse- quently, is of more recent origin, broum coal, ihe process above noticed is less advanced, and it is evidently much more closely allied to wood, than that which lies below the chalk, viz., bituminous coal. Whilst ihe former retains almost unchanged the entire structure of the wood, this has disappeared completely in the latter, with the ex- ception of rather rare impressions of plants. Both formations must be considered as woody fibre, in which the carbon has remained, and the other elements liave partially disappeared tn proportion to the age of the formation, until m the last product, anthracite, hardly any- thiQ^ but carbon is left.* This is Ihe result of a process which can be distinctly traced, by comparing the elementary composition of the different members of the series. The composition of wood in 100 parts, given at page 13, corresponds with the following relative dis- tribution of the elements : 36 C + 44 H + 22 0, Take from these 3 equirs. carb. acid 3 C +60 33C-i-44H-\|-16 0 2H and from the remainder 1 equiv. hydrogen . . 33 C -I- 42 H + 16 O, this result, then, represents exactly the composition of the brown- coal of Laubach.f In a similar manner we obtain the composition * This whole t«>uoninf; T^lalire (o dilfemil oga of auDira^ih) and tuluininMn eoal hilt io rcuutl to tho Boutbeni antJuHiu field oi Ponnej-lvstua, wben die hwd an- ihnuto of llu! Leliigh brcotnea the froe bumttig bhutntuous ooeJ ax ibe &ni]o Ir Blao Ail tn the South Witl«<« onnl fl«M.— Avi«. £d. t Tito amiytiM of thii lad of tbo following will be Eiveo ia the leqiwL FOSSIL FUEL OF THR ANTE-U16T0ItICAL ERA. 3] of the brown-coal of Kiogkuhlt near Cassel, if from the wood ru before =36C+4'1H + S2 0 re take 4 equivs. car- bonic acid .... =» 4 C + 80 it leaves =32C + 44H-t-I4 0 equivs. water . . . = 10 H 4- 5 0 ires 32C + 34H+ 90 ind 2 equivs. hydrogen . — 4 H [we have finally . . . 32 C + 30 H + 9 0 = brown coal Ringkuhl. In both cases we have the same kind of oonibiDa- >ns formed, only in difTercnt proportions. In the formation of bitu- rininous coal other products occur; thus, 24 C •{- 26 U + O expreiises Irery exactly the relation of the atoms in the splint coal of Newcastle, [and its form ation is explained by deducting the fotlowmg compounds im the elements of wood. Vood =36C + 44H + 22 0 equtvs. carbonic acid = 9 C + 18 O eaving 27 C + 44 H + 4 0 ^3 equivs. water . . . = 6 H -h 30 27 C -I- 38 H -(- 10 equirs. carburetted hy- drogen » 3C -I- 12H 24 C -I- 26 H + 0=splint coal. The main point, in the progressive decomposition of buried wood, is the production of carbonic acid from its own constituents. In the case of brown coal, when atmospheric oxygen is not so completely excluded, this combines with a portion of hydrogen, which is not the in the formation of coal. Nothing results here but a break'log ip of the elements of woody fibre into the four products: carbonic tcid, water, light carburetted hydrogen, and coal. In the former casct the mouldering process is predominant, but decay (eremacausis) also does its part; the latter is solely a mouldering process. It is more than probable, that the carbonic acid accompanying the mineral f waters of the carboniferous deposits, is produced at the same time as tthe light carburetted hydrogen, which has been observed to constitute ^e chief mass of the ure-damp. In a similar manner, the formaliou of all the varieties of coat may be explained; it is, however, hardly necessary to mention, that the foregoing formulse are merely intro- duced for illustration, and are only true as regards the actual atomic retaiums of the individual elements. With reference to the occur* KDce of coal, it is met with in three distinct layers or strata; com* meocing with the lowest we find it: 1. In the cod/^ormo/ton, which is subdivided into the older iransi' Uon formation (anthracite), and the more recent coal/ormation (bitu- minou.s coal). 3. In (he $wondary Jbrmaiion, both in the older Ktuper and yitra formations, and in the more recent chalk. n uBtmn COAL. 3. In the tertiary formation^ fresli water limestone, shell limestone, &c., with brown coal. Of Brown Coal. — The coal of the tertiary foriDation, or brown coa], is not always uniform in appearance. In some kinds the ve^tsble remains are so well preserved, their structure so distinctly retained, even the more tender parts, as leaves and frait, are so little altered, that a botanical diagnosis of such antediluvian plants has been under- taken with success. They appear as dattened stems, crossing each other in all directions, of a more or less dark color, of a soft, mellow consistence, their fracture following the direction of the fibre of the wood. They are called lig7ute, fossil, and improperly bituminous iDood. The coal of the Wetterau (Salzhausen, Laubacb) belongs to this class. Other kinds present only occasional distinct indications of vegetable structure, and appear throughout as a stratified mass, of a dart, nearly black color, possess an earthy fracture, and are called earthy brmon coal or pitch coal; to these belong, amongst others, those of Meisner near Cassel. Lignite is often mixed with these, and both kinds are often present in the same specimen. Although sometimes occurring at the surface, they are mostly obtained from a considerable depth. Fresh from the pit ihey are impregnated with water, which evaporates upon exposure to the air before they are used, the amount of evaporation depending upon their degree of porosity. Reinsch found lignite from the Bavarian Upper Pfalz, to contain 43, and earthy brown coal, Irom the same locality, to contain 30 per cent, of water. Generally, however, the amount of moisture in brown coal is greater. At least Varrentrapp found that fresh coal, from ilelmstedt and Sch6> ningen conlaioed '18 per cent, of water. AHer being completelv dried (when a great reduction of volume occurred) they re-absorbeu 8 per cent. Coal of this kind, kept some time piled up, contained 29; exposed to the air in summer 20, and in a warm room after four weeks, 8 per cent, of water. The amount of ash is in itself incon- siderable j it is, however, frequently increased to an injurious extent by the infiltration of water containing sails, and by an admixture of earthy matter, as will be seen from the following table. BROWH COAL. 33 VinXy '.r C'-^: A>h. Obwtrer. ' Lignite £njiD AuuitE ».M V. "^ 4 u « 6.51 L 1 - He««ndotr 6.93 ■ Bkllini. 1 1 - KeuKtorf M3 n - Cmttang 1.W Eanhr Atxn Grilnbu e.u BkTKriaa - Vbhib I.icsiie " " 10.00 3.40 Reinsclt. " Giwc« 9.03 " UsBBdi 3.10 iA9 4.« ' ReftunlL ^^B Bouchca dii Rhdoc 13.43 ^^F NieclcfAlpcu 3^1 F "=-:'' K^r'\|«^" 15.47 ' ^ » " Trom Hlnditeii ] aei !■ Cftnticlcoal " " 1 _ . MkMlotort « • j-R^S"! Loirnl ton " " J 3.7« 3.20 4.93 • KtUinvrc L Pinb «wl from Habichuwrnlda IJS 1 M U i' 3J3 i $tUlh«<rcrr mal (Sdhrwald) e.«fi LignitB ftum Hir«i:liborj . 1:89 .8^ ■• Ictlnnd 8.8 * ' (lUMMhet speeimen] 27.6 " UlweilM 0.9 " Grube Ufwelt i.« e * ° a u t 21.05 J«' » FriMdoif . ].«tf ■I ■ W9 ■ EuMen. ^ ■ PuUdisn 44 u u 174 ■■ Stetwhen . II u 14.4 S8LS Onbcfit 43.3 " " . , 98A O-I rco. Sch^^n^n e™„.wi.. TamMTBpp. ■ SkUB coal from Asberg 4i RciaKti. r " " Agu Reu E 6.0 Tfae unouDt of ash» even id the same deposit and in different parts of the same piece, varies more than is the case with peat ; this is seen from Karsten's experiments. Reinsch found in the ash of lig- nite, from Ver»u : 3,6 gj-psum, 1,2 hyposulphate of potash, 25,4 hyposulphite of lime, 50 protosutphate of iron, 20 sand. The ash of earthy coal ga»e: gypsum 3, hyposulphite of lime 7, green vitriol 67, sand 33. Varrentrapp's examination of Brunswick coal showed; gypsum 75.5, maffnesia 2.58, alumina 11.57, oxide of iron 5.78, carbonate of potash ;^.64, silica and clay 19.37, Brown coal, such u that of Orsbcrg, consisting of one half mineral matter, cannot be considered (uA, but can be made use of for other purposes (see alum). In addition to the ash and the elements of wood, brown coal contains a .small quantity of nitrogen (0.5 to i.^ per cent.) which haa not been lalceo into account in the following analyses. 34 BITUHINODS COAL. oxr- Biflnra Coal oodmum in 100 [Mun. Cubon. Hjrilro- Ben. pa. Niuo- ObMrv«i, Eanbjr bum Du .... 10A9 3.M 18.93 > " Bouchri 'lu RliSne «a»i 4.06 18.11 ^ Reunauli. " Ni«i)i>r>All>rn 70.02 S.M 21.77 ) Etnhy, oonEining vf ftcini from Mouzncr . 70.13 3.19 7.59 * J>ilcJtoMl .... Sfl.QU 4.73 27.18 " " fratn Ringkuhl, Hincbtorg 60^3 4.36 24.S4 " " " H«Wi;)iUW»W 5756 4.99 26.10 " Cknnd rral Rlngkuhl «6.11 4.83 tSJtl - EfUineir. " Mlliod Ut Pitcb ojmI, Habkbtawoia 54.16 4^ 26M " lowest vrui,ai Riit^lit SUMS 4.09 91.91 " middle '■ " . . 94 .06 4.01 3S.3t " StilJberger ao.78 4j03 9 US ■* UoUustUi, VtiivM William ntiue 6tt.ft7 4.84 19.87 ' " " Btiother mills 67.86 e.6s 17.46 ■ Varrantrapp. * Sch&iiingcn. mint' Trrue 63.71 sjm 22.79 " " nngtlwr pit M.SO AM 93.13 Lignite, {torn Rinslnihl Si. 70 SM 30.37 EOluMMi. " Grocon . . 01.20 fljQO 24.78 ' " COapn 03.99 4.98 90.24 ' R^nauli. " Vaweh 56.04 5.70 36.07 " LMilMob 57.38 6.03 36.10 Licbig. Tlie weight peculiar to air-dried brown coal varies within narrow Umits; thespeciuieusoflietiiieexHiuiutd b^Kc^naulthadasp.gr. from 1.100 lo 1.86; of the earthy coal 1.2M to 1.276, Kiihnert found the latter to var^- from 1.310 to 1.436, whilst lignite was 1.279. Hence, a cubic foot of brown coal would weigh 84 to 8h lbs., if the want of uniformit}' in the nature of the materials admitted of applying to a larger quantity, the weights obtained from experiments upon a small scale. The numbers found, show clearly that the variations are in- dependent of the amount of ash.'f Bituminous Coal. — Coal is very much more ahundant in the car- boniferous and secondary formations, and in more extensive deposits, than in the tertiary formations. The use of fossil fuel, which exerts so powerful an influence upon the history of modem limes, is, even in Kngland, a result of the want of wood, and by no means very an- cient ; formerly it was only known to the Chinese, according to the testimony ofAlarcoPoIo.} Even in the latterhalf of the past century, a prohibition was set upOD the consumption of coal j because, by its * In tb« pikBil-ducbjr of Hmm. blown eool hu b«ei) Ibaiid at ths Iblloiring {ilftCM; fl) in Upim HnH^, dl-nt Ljuiiprtncb oi Zell, nt Lnubai-ti (HounnbcDcJurii), ShUxbuiMD, FiHxltjcrK (Duiliciin, Btiiwrulieitii), £1j«rat)uli,Obenirlcobacli, Grunboig(Zeclu> Budorut}. (2) In tim pmvinoe S&rki>nl>iJTf;, iiL>aT SoliKenttadL t As oanhy matUii, uxule uid lutiiliDret of iron, have bi\|^iM ipoeifie gi«ridia thnn ifa« otfuiie oanniuumu oi oonl, a high tpcaUlo graritjr ii, whan other tbinfs uc equal, jpriaM /lUM cvidL-noi- of iinpurit/. So we Iwtc trrcj found itj^Ait. Ed, J " In ili« m'.<utiUiIn«orC«iaj«,"u tliiadiitlnguiiLwI irnvHIer rduie, "• kind orblnck aon« H d]i^ up, vbich, taid upon the Arc, bum like wcod, nnti vrhcn once iKiiiied, octn< bnuva 10 burn tea a IDiik lime, ao UiuU if placed uputL ibe Itie in tb-e «v«fiiti\|;, u trilt hatti dining (!»• wMe nigbi. Tbe Rume when Aift ignited ptoduuet a •luall Qami; tiko oobor ooal; it then oantinuea to glow, ud (ttes off mooh beaL" BlTOHIfVOUS COAL. S6 means, " the air became infected with smoke." A deposit of co«l is always composed of a series of layers (beds) which are separated from each other by sandstone, c!ay» or slate, and they are obseiredtovary in Dumber from 2 to 60. The thiclcness of the layers increases with the depth, and varies from \| of a Hne (o several feet; so that it ia always necessary, althoueh the coal frequently appears at the surface, to work it at a conEidenible depth. AtKewcastte-upon-Tynethebed becomes sufGciently thick at a depth of 400 feet ; but is covered with such a masnve rock of sandstone, that, in some cases, all wooden 8uppor1.s are unnecessary in the workings. Near Gittersee^ in the valley of Plauen, near Dresden, there arc seven beds, between which six thin layers of soil clay intervene. The great number of the vajie- ties of mineral coal haa given rise to distinctions which are based partly upon age (locality), partly upon Appearance, and partly upon quality. In all kinds of coal, without exception, the structure ofjthe wood from which they have been formed is entirely obliterated; par- tial impressions of single parts of tbe plants alone indicate tlieir origin. They form a compact, deep brown, or quite black mass, sometima dull, but generally possess a fatty or vitreous lustre, often exhibiting a play of colors; they present a &nely granular fracture, not at aU 6brous, and are much heavier than wood, bulk for bulk; they occur more or less fitratifjod, and nearly always are fissured at right angles to the plane of stratification, in a manner similar to tiiat which is ob- served when a doughy mass becomes dry. These fissures are oflen narrower; and first appear when the coals are broken up ; but not un- frequenlly they are found open and filled with mineral substances, as iron pyrites, calcareous spar, galena, dolomite, heavy spar, gypsum, clay, and soda salts. Independent of the causes which have been adduced, and which are destructive of connection in the coal mass — stratification of different masses and clefiine, or " cleats" — and which produce the sharp, angular appearance of the fragments, the hardness and solidity of the coal are in general not very great. The fi-acturc of the shining kinds of coal is onchuldal ; of the other kinds it is even. Common coal, as it is used in grates und under boilers, is frequently accompanied by a small quantity of a kind of coal which at first sight can be distinguished from the great bulk by its color and structure, and still more by the difficulty with which it bums; this often appears in thin layers parallel with the plane of stratification, or is dissemi- nated throughout the whole mass of the vein. This so-called ^bre- coal is richer in csrhon, and is only coal somewhat more advanced in the process of decomposition than the principal mass. A more accu- rate examination proves, that fibre-coal is only an exemplification of that process which is going on in all coal. We find everywhere, and particularly in the younger deposits, that the mass is a mixture of coal, rich in carbon, with such as is comparnti'ely poor; a mixture, there- fore, of coal in two stages of decomposition, of which the one is black, of a pitchy lustre, and conchoidal fracture, the other more dull, brawny and even. Perhaps an unequal facility of decomposition in the dif- ferent parts of the plants may he the cause of it ; bat this is contra- 36 BITtTMIKOng COAt. dieted by both stages occurriug stratified, and iu all manner of rela- tions towanls each other, from thin veins frequently alternating, to reins of several inches in thickness, and by fra^ents of these ap- pearing to be homogeneous. The knuvrjedge of this fact is of import- ance, as the applicability of the coal mainly depends upon it; besides, upon it are founded the distinguishing characters ^ven by mineralo- gtsts, although it stands in no connection with the inward properties of the coal. Compact masses of common coal, "with a pitchy luslrei are called pitch coal; more distinctly stratified kinds splitting in a horizontal direction, state coat; such as falls into very thin layers, leaf coal; and that which is dull and more mas^ve, coarse coal, &.c. Tb« 8peci5c gravity of coal is from 1.2 to 1.45. Coat fresh from the pit loses, when exposed to the air, ita extraneous moisture without part- ing with all its water, retaining, according 1o its nature, from 1 to 12 per cent.; artificially dried coal absorbs from the atmosphere hygro- scopic moisture. Coal leaves, on an average, less ash than brown coal or turf, but, in consequence of the substances contained in its fissures, more than wood, its ash is distinguished by containing no alkalies, but only alumina, silica, oxide of iron, &c. Upon this point and the specific gravity of coal, the necessary information is contained in the following table, which is calculated for 100 parts of coal. ' For the ipMiflo gmviu^i nnd eonhy mweriaU of AmrritiM eoak, u well oa tliir weight in a ruLii: fool, ici a markotablo aiaic, •»« the general laUe od a aubaequeut p«sv. — Ak. Ed. BITUMINOUS COAL. 37 SpedBa Aah IJescription of Cm.1. Gravity. in 100 Puts. Otaerrers. Wylain Bonks, NctvcoacLe 1.302 13.913 Glaagov CmlAeld 1.307 1.138 Wi^n, in Lariqasluie 1.319 S.Q4a ParnX cob], £(iiii1xirg'h 1.313 14.560 Jarrow, Newcaitle 1.264 1.670 ■ RicUnrdjan. Chief EflBM of cool from GlMgow 1.2 B6 1-421 GnrEafield, NewxnallB 1.2 SO 1.393 South Ht^tlQH, Durham 1.S74 1.519 'Alois, Kochello .... 1.3S2 1.41 Rive de Gi» (P. Hetuy) 1.315 2.96 < FIcflfl from Mom 1.376 a.io u U lJt92 3.68 1 CimeDiiere, Riva de Gier U&8 3.57 IC kl 1.294 S.9& £ CnuzoEi, "... 1598 9.72 £ ■ ■4 II 1,311 9.33 £ LavBj'Bae .... ISU 0.13 1 Kpia>u: . . , . . l.Si>3 2.53 Comraentry . . , , 1,319 0.94 . It^DHlIt Blaniy ..... 1.363 3.28 Aiv« tte Giei, giatid Croix . LIBS 1.78 U II L302 1.44 J 'Anthncite, Leniiite, De-p. de 3'Is4re 1.362 4.57 5 " Mucoi . ■ 1.»19 a6jl7 3 ComrDOD cobL, OberDkirchen, Lippa-Sch. IJi79 1.0 £ . C^l, Dep. Aveyron iji&4 11.88 ■3 Nwroy, V^^eseo . . ■ ■ 1,410 lBJ!0 i St. GirtWi . , . ■ 1.31S iM £ Sl Coloinbe .... LSOCi 0.B9 < Cr a rniiz, tipper Silesia . . . 1.3S3 5.&0 Goatle Gtiites, Louper Silesia , , 1.285 4.fiS GJQck hfiir, » " . . 1.216 0.fl Sulzboch, Duttwetler, SaaibrQckeu 1.308 0.15 Wettin, SaalkieiH Mse 34.4 ^U» and IVeua^k, Westphalia . 1£S8 0,7 Poiuchappel, Saxouf , , 1.4M 37.7 ■ Earston. EQaLgiuLouiseL, Upper Silesia . 1J280 i.a KOnigagmbe, " " . . ijass 0.9 Merchwetler, SBarbrudcen IJEBS 0.0 Fri«:hB.uf, Lower Siieeia . 1,518 S3.4 HiuiiJAnakej, Wf^alphiiUq « 1,338 0.6 Beata, Upper SilBsia 1.383 II.B BmziU - , . , . 1,4B3 28.4 , Coarse cool, piif odwitli Pitch -coal MS 30.9 Si&ic cool .... 1.24 22.7 '■'■ with Fibre coal ISO 3C.3 AnlhraciUi sort of cml . 1.37 22.3 . I^mpadiiu. SIbUi colli witb h litiLe FihH cosl . I3b 20.2 Hani Slate coal with layers or Pitch coal 1,42 24.0 S)Bie ooal with predouiinRting layera af Aothiftciie and Fibre coal 1.35 23.4 No connectioD can be traced between the amount of ash contained in coai, and it.s iiiDde of stratification, or other properties. The mode of its production indicates that the elements in wood and coal must be the same, only differing in the relative proportions of each, A mechanical admixture of iron pyrites is remarkable in all kinds of 38 BITUmSODS COAL. roal, and is exceedingly objectionable for many of its applications. In some kindii it may be seen in distinct crystals, In olhers it is so finely diKseminateU as only to be discerned by chemical means. Analysis has shown a small proportion of nitmgen in this description of coal, as in brown coal, which, under certain circumstances, is erolved as ammonia, and is of importance in the arts. Tbe more recent investigation of llegn:iult and Richardson, as veil as those of Karsten,will here Sod appropriate notice.' OiyKPn DMoription of Cotl. Cubcrfl. Hydrogen. ftnd Nilttven. Otioerven- Wylun bank, Newautt« 74,8S3 6.IB0 6.085 ' GlB-Vow Coalfield 82.924 4.491 10.457 Wigui, LoucaBliire . 83.7S3 5,660 8.039 pRROtocal, £diti\|jurgh 67.5 B7 5.405 ] 3.433 Thninni. RictuudHHi. Jsraow, Newciutle 84.84S 5.048 8.430 " Chief oo&l from Glosgnw . 8I.20R iASi 11.023 Gsresfleld, Newcaiitle, Deep B&nk 87.9i2 6.530 S.4IA South Ueiion, Duham . S0.274 5.171 3.036 ' Alftii. Dcp. ilu Oaxd 89.27 4.SA 4.47 ■ Cciilwyra, Rive d. Giet 87.83 4.1IU 4.va Rive dtK}., Grand croii, marMhal 87.45 5,14 3.63 « ■• " mffnud 87 .7S 4.86 S,91 d Fiend i>ora Mont I . 84 .«7 5.39 7.94 o " 2 . . . 8^.87 5.43 7.03 ^ Riv. d. G., Cimmi^rc, bourrat 82.04 6.87 9.12 S < ■ " tMUrde 84 .sg S-OL e.57 ., Regno ulL iX « Cnraton, " 8S.&S S.fi9 9.11 I '' " RT. niUM . 81,71 4.99 7.9S DcminTille, I>ap, Artyvm, La- ss.ia 5.27 7.48 87.1 a a.tn II.S5 CaamoBtr)', Doit. t'AlUcr 83.7 S S.S9 11.73 76.-18 5.83 lfi.Ql J d ' Anthracii^, iMmntm, Dpp. da rWre «ft77 1.67 3.09 ■ ■3 Anthnciie, from Mooot 71.4B O.W i.ts S Oh»;mkiT<-licn, Lippf.S:liiiii(nburg 89.S0 4.63 4.67 tS' C^rtil, Uep. AvKiymn . 73.36 4.74 0.02 ' Regnntt 63,28 4.35 13.17 s tkiint-fiirotit .... 78.94 5.45 17.53 J Snint'CotuiD^te .... 75.41 5.50 17.01 LMpoliUncngrubiv Uppei SUfein 73.88 9.766 'i.475 KSntgsgnibp, from " " 16.3V 3j31 14,77 • Karewn, W«lliMWeili^, S«ftr)iruclcen . 81 .» 3.:^! 14.47 SAlwr «ad Ncuak, Wostptulin 85Ji8 3.21 8.11 KACJiwrtlcr .... 80.18 0.44 2.64 Hnndwiak, Wi?«iphAli« , 06 jM M07 US •Wldi lercrance lo ibo iptcimflns Ibr axominaiion, Ricliftidsoa cluaified hit according ANTHRACITi:. 39 Although nitrogen is fauud in all kiuds of coal (1 to 3 p. c. Richard- son, Hegnaiili), yet no sucli intimate rcliition has been traced between it and the qualities of the coal, as is the case with the three othef elementary constituents. With the growing increase of carbon, (he color becomes of a darker brown until it is quite black; the Ju.Mre is raised gnidualty from that of pitch to a vitreous hue. On the con- trnry, coal with a less amount of carbon is more solid than such as contains more. The hardness (properly of being scratclied) depends upon the relative proportions of hydrogen and oxygen, and is aug- mented by an increase of (he fatter. JMhraciU. — The oldest of all kinds of fossil fuel, the anthracite, belonging to the transition furmatton, must be regarded as the last product of the decomposing process in coal, and notwithstanding its similarity in outward appearance, it distinctly differs, both in compo- sition, and by the manner in which it burns, from the other species of coal. As these ate related to brown coal, so is anthracite to common coal. In an extended sense, certain kinds of coal, as those of Lamare and Mar^T in the table, arc classed with this on account of the simi- larity in their properties; these, however, are not due to an advanced stage of the process of decay, but to the agency of heat accompany' ing the later elevations of primary rocks. Anthracite is eminently homogeneous; it is black, has a decidedly vitreous lustre, a powerful play of colors, and a conchoidal, sharp-edged fracture. Its strocture is massive. The amount of ash, composition and specific gravity of those specimens which have been examined, are given below. Ifloiliv of uuhnoiir. Speoiflc Gravity, Carbon Hydro- OxygMi and A«b. Mam* of B"' Nilro^ra. ob»etv«r. PoBDif IvBiuB, AmOTtca 1.4S3 00.43 ^.4:i a.4S 4.ft7 WaiM. Swuwea . 1.34S 9-tAQ •i:j3 a.6S 1,&8 RoMiir, iiTRr Aii>Iji(lia(>«l!n ].31i7 B1.99 3.93 3.1« U.94 'R^ipuiulu Mnvnav, lowa tc ikp. Mirr 1.343 DI.4S 4.ia S.I3 V.3S SwansM .... 1.910 tlO.58 3.00 4.tU 1.73 ' Smlik dep. it U Snnfaa 1.7W S7.S-i 2.4B 3.30 e.9u Jaoquelin. Vizillc, dcp. lit Vltcte . 1.130 94.09 1.SA 2.85 1.0O Uhr . . I AX 94.00 1,49 3.58 4jOO Regnault found 0.37, Jacquelin 0.58 to 2.85 nitrogen. The ash consists of silica, atuminn, oxide of iron, and, accordinglo more recent obserTalions, also contains chlorides, which volatilizing during com- bustion, damage th« metallic portions of the stove or grate. An attentive investigation into the nature of fosssil fuel cannot fall 10 iIm ptaa adopted in England (Tliointon) tnU Splinl, CbiukI, Ch«ffiy, and Caking owl; Rfunault Krrang»<l hit ai:ra(ilir)\|c w ilwit nwlogictil ago; and KanMn tUlowed an anaaiPMncm af wlucb we aliall asam npoik pnttenlly. Tlie lraMrcT»c lines m Uie OOlinnM of numb^n, Mncepond wirli tlic ca\|>rctiv<r itirinioni in n lilif onier, * A apMimcn of anilinu^iw duM rrom a due u'liii:4i wn oxamint>l in 1841, aURtrdrd fmoi 1 lU avoinlupotl, or 7000 RraiM; (nlpliati! oriimi^. I2.agmin«i Hilpbato ufammo. Ilia, 383.5 gminij clikitbydraUi ot ammonia, IfiO.fl grajiuj and larry maiwr, 80.4 gtain. 40 AMERICAN COALS. in pointing out its gradual increase in carbon as compared with woody fibre, uutiTat length both hydrogen and oxygen are completely re- movLHl. This circumstance becomes still more obvious, when the amount of ash is deducted, as in the following table. DcKnpUoD of cho (ulMlnnoo. Chiboo. Hfdrogea 33.65 i/ti 60^4 5.9K Gfi»8 6.27 "HAO S.SO 16.18 t>.t MX&O &.0S n^i 3.M Oijrgiu. Woody llbio Pont ftoia Vul>mir« . . . . I.lgniie (n»o CoIo^tm . . . i Eanhy brown ooal fram Due . Coal fratn Si. ColotnlK-, SMiwikiy " " R. H» UJM, Corbfiyr, wal fonnniion Anthitcito. Mnyimno, tnunhioa frnmukm 49.10 33.60 27.7« 19.90 18.07 •1^0 3.19 In fact, all three ingredients hare disappeared in cert^n proportions, whilst the carbon, which is always the preponderating clement, is least aiTecled. [^-hiutrican Coala. — Of the several varieties of coal found in the United States, a tolerably correct understanding may be obtained, by consulting the following fables derived from '■A report to ihe JVavjf Department of the Untied States on Jfmerican coals."* As the present edition of this work is principally designed for cir- culation in the United States, wc could not, perhaps, be justified in oairling to notice the results of the laborious and varied iarestigatioa of American coals undertaken by authority of the Government, and dengned to furnish practical information as well for general pur- poses of the arts as for those of steam navigation. Several analyses of each sample of coal were also made in some instances, according to the orjntnio. method, for determining the ultimate constitution of the coals. The reductive powcrti of all were tested with the oxide of lead by the method of Berthicr, and their practical usefulness in the black- smith's forge, proved by applying given quantities to the manufacture of chain cables and performing other species of smith's work. *The experiments on steam -gen prating power were performed in the Navy Yard at Washington City, The apparatus consisted of a double due cylindrical boiler, thirty feet long and three and a half feet in diameter — the flues being ten inches in diameter. A cistern whose cubic contents were carefully measured, was placed above the boiler to maintain a proper supply of water, and by which the quantity of water evaporated during each experiment was deter- mined. The boiler was furnished with two safety valves of the sim- plest form, whh the weights acting directly upon thera. These served to regulate the pressure of the steam generally, but it was measured by a manometer or mercurial guage, carefully graduated, communi- cating with the steam in the boiler, but under such circumstances as to be free from the influence of its temperature. The size of the grate awl the area of tlie heating surfaces were all completely measured. See Senate dociunent Na 386,S&ih Congrau, Itt wmioti. AMERICA!? COALS. 4L I ■ The draft was determined by a sypUou drafl-guitge and other meaos. A register of the hammetric, thermomelrif, anil liygromelrir condi- tion of the atmosphere was constantly kept. A thermometer was so disposed as to determiae the temperature of the air as it entered the grate, after having been made, by the construction of the stacic, 1o pass entirely around the two sides of the boiler and under the asb>pit and main fire-place. Other thermometers were so placed as to deter- mine the temperature of the air and gases as they escaped into the chimney after combustion, that of the water In the supplying cistern, and thai of the steam and water in the boiler. The coals were tnea* snred and weighed in charges, tliat is, in a box containing exactly two cubic feet. Care was taken lo reduce lliem all to the si/e best adapted to their combustion. They were charged regularly, so as to keep them as nearly as possible in a uniform state on Ehe grate. During the experiment a portion of each coal was carefully dried by means of an apparatus prepared for tiiis purpose, to determine the amouni of hygronietric moisture. The rate and manner of combus- tion were carefully observed, and the ashes, clinker, &c., weighed and preserved for subsequent analysis. The soot ilepositeil on tlie sides of (he flues and other passages was also collected, weighed, and sub- mitted to a like chemical investigation. "Tbe air intended for the support of combustion entered an opening below the asb-pit, and passing thence through air chambers in a dou- ble wall on each side of the boiler, so »s to absorb the heat radiated from this body, entered the fire by a pas-iage from the back of the stack, directly under the Jlue below the boiler. After traversing the fire, the gases and other products of combustion passed under the whole length of the boiler, rehirned through it by the two interior ftues before mentioned, and communicated with one of the flues lead- ing directly to the chimney. This, however, was susceptible of being closed by a damper, in which case the gases, &c., p»ssed, by another series of flues, entirely around and outside of the boiler below the level of the water line, and then escaped into the chimney. By this latter arrangement, so perfect was the abForptioa of the heat gene- rated by the fuel, that the gases on entering the chimney were rarely more than 60° or 70" hotter than the steam in the boiler, and often the diflerence was much less. One trial or set of observations generally occupied about twenty- four hours. It was commenced by heating the water in the boiler lo a certain temperature (usually 230°) by means of a weighed quantity of dry pine wood. During this period no steam was allowed to escape. The coal was then substituted, after withdrawing and weighing the unburni wood, and the pmce}<K rontiniied with coal alone to the end. The ashes which the required quantity of wood would give having been determined by other experiments, were deducted from the whole amount of residue left. The weight of coal consumed at each trial was generally from 800 to 1200 pounds. Four trials were usually made upon each sample of coal. The mode of conducting the combustion was in some re- 42 AMERICAN COALS. specta varied in the different trials, chiefly with a view of determiQing the tnfluence of such changes or modifications upon the efficiency of the material. One important modification in operation, which wfts introduced in the expenments upon almost ereir species of coal, was the introduction of fresh atmospheric air to the ^ses immediately behind the grate. This was accomplished by placing in that part of the apparatus a perforated iron plate, through which the air from the ash-pit below could pass, and which could be closed by simply draw- ineover it another perforated iron plate." The following table contains, in a condensed form, the most im- portant results of the trials of evaporative power, with some of the marked characters of each coal as derived from the experiments. It is proper to remark, that the coals assayed in these researches were eiUier such as were found in commerce, or such as had been furnished by the proprietors thereof, under a request irom the govern- ment that samples might be forwarded for trial. With a single ex- ception, noted below, they are believed to have been obtained where active and extensive mining (derations were carried on. AUEHICAN COALS. 43 •!>• JO -m\i ui iq\|M aViuoAV i I 1 •<BM JO 1 Moq cCIG MMf tuuig -\|«oo aip fo jauaui 11«in4«l» JO 1 iq MUwriri i>&&oAa Ail i}^ a n A V et tq ir ci o IS ; ■• ; ^ ; SSiifstf I, — 6 A t' — -• » ■[•OBiittiioioiiina r«a3 JO I oi Eiiui* fo ipunoj — ^<o<s r-ob ea «09S —oil- ^ d> A o & lb &e> f M>0 ab cci s o n 10 uC r> n Ci tt o) ab & >b Vi^Mn A AA ■3 5 8 ~<o f cp M >• ~B» a 8 3 S S -n « ^* S * poi \|o I 01 unaii JO »\|iuiuij et r- A a t^ . j; cf> qj Tib f* rfe OP ■ofliM Xpn< '□unp moil "^ ■«o» !«» JO iqi at tqlioM i«wx ■isiiaui •!(]) 5 0^ 6 «• _ gp ob do cj -JD * ob tio S9niooa59StS>a nMAAnMA>& — «i — (iii»oj«rm — * — r» * O e» «) o o M ^ — O* « M ^ J V 1} 'jawMi 0\|q,ti«ui(uioa oifioioA TK» I Jam q pttimtai ■oadi jo ihj ^iqii;) -•uW 001 <n 'Mima ittUNH •Q "4 >b * * «) « + ^^ T IT* ,1,^ ¥^« ■-* V« '-- <- ^1 db EIS*^!!—* •* ■nnd 001 n\| 'uvqJW p>T\d »■* i^o- Ol n n o* ua n i6 •« 01 \|vnt9ff JO ofi!! liuuiu \|$£i3SSS .3 ■ . . . SgS^-oSx I A 6 A i 6 o © • 6 • • ■ : AAoAJtA-A- lO t- ei •* o» — R o es Zn«nA— AAA ■a lO Ml Si iQ o g M> -iitAaiJ agiaadg Zosm n M oD QD O Ofr 0> C^ O^ CO 49 o ■-• r- •? o~ — ao~ ;- in f « S m a £££&£S.££^ii i a £,f iiu-.-llil'^ AMBII1CA!7 COALI, ■miMnB\|()l\|ni<\| ■wn t" 1 >« <1S 0H4I """'^ & — Aa aA iiAAAAihA6t , d><i> d> di on i^ l^ r> ^ ■\|B0a ain jo un«ai HB^ paanpM \|fI«\| JO >Ui\| r Me ■# I 1 A A PI ■ -[•oa JO {pot iWMJ isii«lia pw" taqvB JO a\|iii> u4> ai riuui [""X rai» JO I M Binaii ja spuntf,! pn» JO qi I oi Hiaal ja tiKiooj I K [-■ dt — ^ o OD £ o vBi o ^ , ni0 ein •& ^ ;c lO & . _, r^c r- * ■» «i ID ei 16 t^~>e ej A »~ari* f Jtn «T^ — •-^««"p^n _T___T " " " ^ w " " I r- r^ w 1 5 T 5 ■ t- ft -ff I • 5 e* r-ir-xr-r-r-ii-Ar-r-wi'-^ 'r-r- r> w r- ca p> « ■« uaD» ipim Aiunp iiioi\| i»4 [MMJOdaAa wia>M ji> i^ "M^O ■ » ^ T ■ I m da A I 'uori' -Ipw in U\|I0<1 aqi Souq OiptfiinuaKUJin^ ■tnitn»S aiwJ JO lOOf MBnb « iiu psiunif {>an<i j VM«ntV(N [Mt JO >[>l»^ \|«i>>X -jniaiu 91 qn -«nqunM a\|na\|aA 01 p>lqjoariH en 5»ec • .______Ao —_' 6 — CI <b d A '& _• f^^^w"^^ « ^ 17- -9 9 ■) « — ■o o e d ««.a -•iiui oai "I 'ivnvu J-nv^ * 9 >7 ^ ei ■* * »-■ » r- trt -T 10 — m w lis so ■•■ « » a CT nisdool "I 'uoqiaa panj En 2 2 " W M PI »« S M rt I m pajinbai ajvdt ju imi mion ■!■ « O 30 V V ^ $ .\|l»dl»iq '11MJ o^no im] iqSu^ -il)A1Ulj ayinMlg » Oi « ^ r> M n 01 Z 3C ^ JC i2 e» :/- c; <n M ct ^ •e — r- ' — CI r^ I '« -fl -s . 0001 •c ic 2 ■ ? T V ' > o £ o Ol O - n CUB •s * ■» 1) fl -K • i5 A&6 A Aoo * !«t m A w« v «b A . «i w ■x> r~ r- CT t- P ■«« — »■ ■ (Cmse I ' gt < s ■ !— on: ££££ J_» ■ i • ■';_-^r ■■-•..■■ w = 5 c^S - £---0 - <r - - - § E ■ L • ■ • i 3-25' ^ AMERICAN COALS. ^ ^\| H From this syoopsis tt is easy to perceive that no one sample of coal ^H H can lav claim to pre-eminence over all others, ^vhen we talcK into rii?w ^H B all their properties and uses; for this reason it will he proper, in ^H studvin? their relative atlaptedness. to compare them in the manner ^H presented in the following classihed view of twenty-lire varieties of ^H coal, derived from the preceding table, which may serve to indicate the ^\| practical value of the several classes of coals in five different respects. ^H 1! e e ft pi 1 1 III ■ aoBk Wirnf of Mwplra u zH AlhincoB k Templcmua'i, l(XIO 1000 282 as MA SfilS ^^^H Knmbtr- L«ibt<« cuaJ in Bioie, S36 940 46t 608 266 3STT ^^^1 land, (Md-; K«it)T 4 Smitb'«, S31 903 197 8S6 3S9 2946 ^H Frea buTii- New York ttkd Md. MiJiJag Ca.a, 914 927 tit 877 376 3003 ^H iD\|, blto- N«S^a, ..... tm 906 133 877 XS8 9096 ^1 K Ar«ngM, 993 936 335 788 359 3248 ^1 t Bu«r M«(Iaw, dope S. 933 982 1000 783 «i7 afisi ^H AMbr«> Poreai Iropronmenl, (Schuylkill,] 9t0 966 741 790 ISO 3676 ^^^m citM gf pMeh MMol«iii,(SclHi)>lkill,} . 946 984 19S 901 143 ^^^^ Pwmjl- 9ld 644 4K4 779 IS7 S3M ^^^H ATCrig«i, . . S36 87S 5S0 79« ]&3 3M7 ^1 911 923 596 797 I6S 3396 ^1 ^ Prta ban- Quid** Hoa, .... 960 913 45S 72S 667 ^^^1 inff hibi- ■aCiMNia Bloaabarg, .... 90S 911 176 996 696 36M1 ^^^H Diaphin and Soaqa«hailliab, . 873 836 171 766 603 32M7 ^^^H coaJt dT Catnbrii Counlj, . • . 8B3 tm 172 8ffT 260 3012 ^H PeiuiiijU Ljcoaiiag Citik, ... 833 S71 1S4 706 S91 2S8& ^H ^l Tula. Atecagei, SSI 878 33a 692 481 3999 ^H 3137 ^^^1 1 Cli(«[erGcld Mining Canpauy, , 84t 7« 143 J 000 427 ^f UlfUv b»- Mi(lJiiirii>i>. n>r<Mnaiir 834 743 180 730 388 38H ^^^1 ^^ INBUBOIM iCrcck Cotnpio]!', . TUT 699 136 981 S»0 t&96 ^^H omI« of iCroudi A: Snciul 778 ns iia 639 431 «7t3 ^^H ^ VU^Ak. ArerasM, . . . TU 618 149 879 376 3743 ^^^1 TO3 709 I'll S44 364 S87S ^1 3196 ,^H I Pictnn, N. S., ;Ciinifda aaaipl,) MI9 77fi m 837 685 ■ 792 738 97 928 ASS It 4.7 ^^ H Foreim •iiiintv, N. S., . 747 699 ?76 764 434 2SK0 ^^^H V hiniiniiwiin Livrraoo), Eo^., . , . ATeragra, 73S stis 323 S,'^7 681 ^^^M owk, 649 6iA 107 847 631 ST49 ^^ soan ^1 748 694 197 844 626 — ■ ; 1 Omr(U Marj'lani] fr«o burning oonli, . tOOO \| 1000 396 880 683 ^1 M>tl» «r ra- PeantylTaaia aiitlirAeitvt, . 977 986 1000 893 319 ^^^^^1 Itllf* »- {Pe«i»ylaiiii fr«fl batDisK b«lti ^^^^^1 SSI 938 390 1000 914 ^^^^^^1 lh>m Uitt \|Virtrinia bitaminnui, . . SM 767 MS 94S 730 ^^^^^1 aver»gMof,loi«i\|[n biiumioouf, . . &0I 741 331 MS lOOO ^^^^^H Mch el«M.I ^^^H K From the nbove annexed genera/ jrcn/e, it appears that in evariora- ^^^H H tive power under equal weigMSf the Uuinberlaod class surpasses the ^^^M anthracites by about 2.3 per cent., and under equal bulh, by 1.4 per cent. Tbey also suqiass the foreign bituminous coals 20 per cent, when we compare equal weights, autl 2G per cent, by equal bulks. In freedom from clinker, the anthracites stand pre-eminent ; in rapid production of steam, whpn once in action, the Pennsylvania bitu- minous coals are somewhat superior to a!I others, and for rapidly gtttinff up steam, the foreign bituminous coals are most effbclivp. Besides the trials of evaporative power and the various kinds of analyses already noticed,/ numerous analyses of the gases of the chimney were made during the progress of combustion, to ascertain the proportion of beat furnished to those gases, that is, which were not economized in the production of steam. A general view of the results of these trials is contained in the following table, exhibiting the per centage of volatile matter in the combustible part of several classes of coals, and the evaporative power of the same part, with the proportion which was expended respectively on the boiler and on the gases passing to the chimney. KlMloreHl. I, PeaniylTaiiiB uithn- ciwt, S. NiUnl eoka of Vip. rinln, ll &3 III 3. 'Marvland tree burning 1 Dlluiniiieua cviU, I binning bilominoai coali, 5. Cake of Virginia : ' (Midlnthiin) coal, 1 6. Poretgn hitumlnout, . ' 3 7. Virginia bttuiniiiotii, . I 6 6. ,Cuii«l I 3 S.B1 13.75 ]S.80 17.01 I7.W 31.74 39.63 39.37 iiiLuiiMiusiivK' 5 B^ EvsiHjrmlivD pnwti«ri .^ i maner in IW j S " part br wcighi oftaat. of coal 7.87 IS.W 9.94 tB.as ie.A4 8.14 i0,74 7.61 I.S4 13 9,81 6 I.Sfi 11 a.B9 9 3.81 3.1S t.«4 1 8 13 5 The relation between the steam-generating and the chain-makii power of several of those coals between wliich considerable diffei^ ences in constitution are known to exist, will be abundanlly evident from in»;pection of the following table. For reasons above stated, and on account of the sraallness of the quantity of coat used (6U lbs.), the individual samples could hardly be expected to present fewer or less important discrepancies than are to be found in the Cable. Thus between the Scotch and the Liverpool, and between the lat- ter and the New York and Maryland Mining Company's coal, this relation becomes apparent. k 8.633 8JA3 8.4SS 7j\|ft AMERICAIf COALS. 47 I I Sdalm hating poictn of iifftrrmi tnlmmimut mall, at imtd im making thain <abk, tompand Kith lluirn^enttu fiimBt. ^^^K DMifuAIMB o( coalt. •1 I J •5.5 il J-3 111 w 111 ■S a 9 ago B &. X BifijX 6.946 11 10 10 TiMa (New Voik) , . . . 8.4 IS If It 11 Liveipool ..... 7.842 II 13 13 Midlotbiui (oow ehari) 8.7ft0 '1 14 14 8.656 li 15 15 Aikinaon BtTemplemwi New Yofk and Marj-tauJ Mining Compaay . 10.«»» II 18 18 1DJ59 19 20 50 CtoocbftSoead 8.345 It 9 14 Creek Company .... 8.4)6 il 9 14 CbeeieTfiHd Mining Company . . S9»8 i« 9 14 Dauphin and Susquehannah 9.340 II fl 14 9.724 II 10 l»i Quin'A Run ..... 10.370 II 11 I7i Cannrllon (Indisini) .... 7.340 1 i s n Forka of Jennin^'t Ilun (Merylsnd) . Alidlodiioii (900 ieet aluut) S.fi84 1 it 8 8 IS IS Netf ■» Cumbcrtantl .... 9 443 I i 8 18 AlkineOD fe TcmptPTnan 10 899 1 i 8 IS Barr't Deep Kua .... 9j01% » 1 9 20 A dectded general confirmation of the relative beatingf power of the coals, as deduced from evapor&tion, is afforded by the coinparisoos in tbe second aud fiAb columns of the above table. Tbtjs — Foar nmplos, viz: iSootrh, (^nnnlton, Pictou, itod LivtT- ) puul, on nn avonaatr, 5 ( Cfourli Jk Snrjid'* Ctrrt Compnry's 1 < MitHoihiBn, {twur thnf),) C'hmni»T- > fiH<Lnnd Dniiphin anil SuRVihun. BCMin. Unln of ckaln. BaT«7.G3& 11.35 gave 8.7«9 14.00 1&4L 19j00 r«>_».>.L» ^,. ( ^>«■^■»"'. B(.i»tii»n[. Uiiin's Bun,) fo^mapht, vu: J ,„,, jni,t\|„,hi„n, (^q ^p, ^.^.j J f" 9-308 (Netr. Aihuiwn dt Tcmpkinftn'f., 1 ^oar aunples, vis : < Borr'ii, nml New York nntl Mary > gaTe 0.871 / land MiniiiK CMnpan)-', } It will be seen that three different sizes of chain were in progress of manufacture at the different periods at which these experiments were made, Tbey have, however, been all reduced to the same size by a comparison with CMnmon standard samples of coal, which were used, each on two sizes of chain. Tbe following table exhibits the principal results of the organic or uUimate anali/sit o( coah, with comparisons of heating power calculated from those analyses, and compared with results of actual evaporation. 48 AHERICAN COALR. sqi JO /SDVtSg-^ \|aiti>ii\|Ui>dX^dili pun I + I 1+ + h [vaiiiv^dvtiDliinaiuadxailq-iJi ■sj'ss liii f5l noucnqiuan aip UQ [ia[)u«!ie indlj Bin Aq BiqnU'BdvA m i oiqruDqiDos }a una isi ati4>[t uo^its ;sfis ^^ a naS 'nadtupXii iioqia^ ? §s 5 3 ^gS S 5E: lt«aa\|tBai«lt^\^ -JCI3 pOS 3IUO!(JU3 -[lAXikkn t»t> pua g ST ESS S 8 ^ ^SS 5} 3§ Si •jaiiavt Ji[iiB3 -noqjoo parij 'jni(dtns A 0IS3 ">\|3fi ' AijluX 0Bi»tfg SS 2SS S 3 "d — w St Q ^ %^\ s § E^is i <■ ct c K Kudu n COMPOSITION or COAL ASBKS. 49 It appears thai, on an average, these coals expended \n evaporat- ing water from the boiler 85.35, and on the products of (heir com- bustion 14.65 per cent, of their whole heating power. Both the sum. and the number of differences between the practical and the calculated evaporative powers, affected by the positive sign, are seen in the last column to be the same as those affected by the negative sign. Dulon^'s co-efficient for the heating power crif pure carbon is 129CH) parts of water heated \° Fahr. by 1 part of carbon burned. The data furnished by the preceding table afford the means of ascertaining the proportion of its carbon volatilized in the distillation of the coTitotulibie matter in each kind of coal. The calcidations prove that of its whole carbon-constituent, the per centage volatilized was as follows: Cambria county coal 16.767 Midlothian, new shaft 29.196 New Castle 15.967 Clover Hill 16.847 Scotch Cannel 24.169 Casey-ville. Ky. Chaunel .... 23.452 And that the average was 20.883 The identity oi results obtained in the averages of the 15th and I8th columns should seem to demonstrate that the heating power of bituminous coals is proporiionate to the carbon which they severally contain. C<?ti^pwi[iiM anrf eKuracMr ofMhafnm wnmt wrMrtw o/ .fawitaw ceoA. faJjJi«w«"ii iW WBUf* of uba* Ld ika ttmi ..... C«lm SiKe* Ui utM«, pal oni. AImmb . ■ . . Oma of MMifaiWM Sun S5 i IMl llglii xuta oiaa 17 sTa while, sronj S.UO LOW tWAAigg. I« ajMB while tim 3031 s.» 3.0V lOJ. am rvMiat buff. 9.13 UI 031 »at AM tvfn. MM UM 7M lis f«4dUb »«) S.7S ILHC LSft litis an Ikwn. «aoa an ia> UD iw tiou. Iioo.ra a» trick Tf4. KM »J0 BJK 11.1(1 ojn MiKi 3 3 3 LJM «JD fr»r- TUD 11.00 "9 a.to IM] It would be & very erroneous idea to suppose that the combustion of woodj coal, &c., was an immediate, direct addition of atmo- 50 KFFKCT OF HEAT UPOX FUEL. Npheric oxygen to their elements; on the rontrary, the heat of the barning ponion~(i'. e., the siirtace of a log of wood), produces dry distillation of the interna! parts nearest to it, which are in uo cou* nection with the air. When these have become the outer part, tbeai they are first acted upon by oxygen. In short, it is not the wood' which we see burning, but the products of its decomposition by the agency of heat. The main points in this decomposition by mere beat" in closed vessels, {ijry distillation,) are shortly, the foUowing. FroiftJ the mometit in which the elements are forced by the heatio abapdoo their former state of equilibrium, the formation of new products is due to three causes; to the temperature, the degree of chemical affinity amongst the elements, increased by their being in the nascent slate, and to thdr volatility. This latter is Tery considerable in hydrogen and oxyi^en, but altogether wanting in carbon; there is a tendency, therefore, in these to separate and pass off in the form of gas, but che-'' mical alTniity interferes and obliges both to unilc, and form compounds partly with each other, partly together or singly with carbon. Amongst the combinations that arc possible, those of course will result, whoMj elements under the ctrcumstances, have the most powerful affinities for each other at the existing temperatiires. Hydrogen and oxygen combine in the simplest and most stable manner to form water; the excess of hydrogen, which is common to all fuel, lakes up as much carbon as the temperature admits of, forming light carburetted hydro- gen and oleftant gas, whilst at the same time the united action of the two other elements upon the carbon, gives rise to a series of ternary compounds. The simultaneous production of all tliese bodies gifted with chemical affinities at a high temperature, induces fresh activity, and products of a subsequent action are the final result. In short, the nature of the process admits of the production of such an innu- merable series of bodies bs will never be exhausted by science, nearly as many as there are mathematical combinations, binary and ternary, depending upon the temperatures. Most of these are of constant occurrence, and some are of importance, and deserve notice. A fluid is obtained in addition to the gases, the lower stratum of which is an aqueous solution of products, amongst which acetic acid is the most prominent, the upper stratum is a Huid mixture of bodies analogous to the resins and ethereal oils, and very rich in hydrogen ; it is tech- nically called tar. Pyraxylic or wood spirit, a land of alcoholic com- pound, as well as the substances discovered by Iteicheiibach.^rij^n^' picamur, creosote^ kapnomar, pHtacali, and naphthaHne, pyrogeneotts resin and oil are all constituents of this liquid. The less oxygen there is in fuel, and the more the hydrogen predo- minates, as is the case in coal, the more numerous are the products of decomposition, which this element forms with the carbon. However much the formation of products rich in carbon may be facilitated by a suitable temperature, in no case are we able with wood, still less with turf, brown or common coal, to compel the two other elements to combine with and eliminate the whole of the carbon; there always <>N THE PftODUCTlON DP CBAftCOAL. ftt I ■ I . a certain quantity of solid carbon, depending is quantity upon the degree of hfat applied. Wood, brown coal ana turf exhibit, in the charcoal which remains, their primitive form and structure, so that year-rings and cells may be distinguished in the wood charcoal^ and the kind of wood, from which it was produced, ascertained. Coal is affected diflerently, having a diflerent elementary composition. Some kinds pass during the process of decomposilion into a soA stale, a kind of fusion, so that the bubhii-s of gas uf the products of decomposition arc evolved, as it vrerc, from a paste. The carbon left by common bituminous coal is called coke; it is hlled with cavities, is more or less dense, and has no resemblance whatever to the form of the original coa). When several pieces, or when pow- dered coal is submitted to dry distillation, the pieces cake together and form one solid lump of coke. Such coal is nch in hydrogen, and. is called caking coal. Other kinds of coal are acted on in a similar manner to wood, and leave a coke of the same form without caking. When pulverized, they leave a powdery coke. This variety is called fond-roa/, and is the richest in carbon. Between the two is the sirUer eotU, or that variety in which the coke from the single pieces of coal iorms one entire mas$ without undergoing complete fusion. The natural moisture, as well as ihe oxygen present in the fuel, which during combustion produces water, frequently prevents the attainment of very high temperatures in the furnaces in cases where such is required.* For this reason, it has been the practice, from a very early period, to make use of dry distillation as a means of removing those constituents of the wood which absorb heat, or as a means of concentrating the healing power, and con^ning it to a smaller space. This is the object of cAarrifig wood, or of converting it into cftarcoalf which has since been extended to peat, brown coal, and particularly to ccal itself, in which latter case the process is called cokhig. From the series of natural kinds of fuel we thus obtain a series of arti- fida] ones, the production of which demands our particular attention. The production of charcoal and coke is in itself a separate operation, and distinct from those of which we shall treat hereafter, in which dry distillation of certain kinds of fuel is practised for obtaining tar and the gases simultaneously evolved. On the Production of Charcoal. — On examining minutely the com- bustion of wood, e.g. by igniting the lower end of a chip of wood, two distinct periods will be observed. For as soon as the flame, which blazes at first in any one part, becomes weaker and is extin- guislied, the volatile products of decomposition, which inAame in the air, are w> longer given ofT, and the process closes with Ihe faint glimmering of the rrroaining charcoal. If the chip is inserted, when the flame Is extinguished, in a narrow closed glass tube, the charcoal " Tlif InM (»u»« why lii^ imtpcmtuiM «annM be Rinined ia ■ AiraMM aiing Uid- minaui oml. k^ thai la>K<! iiMDtitiM or bMi aiw rrlMlcxpH tnlrni whilo conTcniiig ill rotatUtaaUe miiKriala from ili« olitl into llw oloEiic Ibrtn. Tbii tow a dm ■drquatclf by Uw ndMequenl bamio( of ib« ^Uit%^K-a. En. 52 ON THE PROnUCTTOJ? OF CHARCOAL. cools without glinHDering from want of air. It is even possible com- pletely to char the chip, in the manner mentioned above, when the access of air is prevented from the beginning b}- heating the wood in a close vessel. The oripnal mode of preparing charcoal on a large scale depends upon the former principle, without entirely excluding the latter. More recent methods involve the use of capncious close vessels. 'Whatever plan may be adopted, the carbon of the wood will always remain in the greatest qtianlity, when time is allowed fot the oxygen to combine wiiTi hydrogen and form water. Kxperience has in fact proved that the slow process of charring is decidedly pre- ferable; this may be seen from Karsten's experiments, by tlie side of which we place those of Slolze and Winkler. The following were the results obtained : Specie of wood emplojed. Vouni; cnk wood 01.1 •• •• . Yoiuig red be«cb wood Old • '■ •■ Young wLitA bvech " Old •■ - •• TontiK aider wcod Old Voung bireh wood Puphr w(iod Otd tM'ob u'cmhI . 100 y^an old binh, well preMrv«d Yoang lii^iil, P. pic«« D Ol<l « . Vounit Ar, P. abiei D ord " . . younH Mne wood, P. nrlv«n«r OW Lim(trr« wood . Ash wood Willow WODll CbttMoat-* * by B quick I pmcaat ori By ■ ilow pioceu of cbamfif. ctumng. I K»rteu.r Sh^M.I 14.54 15.91 14.87 14.15 13.12 i3.es 1U5 1.^.30 13.03 12 JO 12. IS 14.S& 14J33 16.23 1S.39 15X9 13.75 13^0 25.60 25,71 25-87 29.1 S 25.32 S6.45 25.65 25.S5 24.70 33.10 33.25 2MX> 27.72 24'73 2aii7 25.05 34.60 26.1 24X 23.8 24.4 83,S 24.4 93:4 SI.S 23.7 22.8 22,1 fi2J3 tVlnklof.t 22.B 17.8 ]7.« 17.7 17.« 20.1 ir>.« 1».4 ISjO Winkler enclosed his specimens In crucibles surrounded with «a»» dust, and quickly heated thara to redness. As a general result, thV' woods gave nearly a like amount of charcoal; and when the process was too rapid, only half the quantity. PrfpaTotitms of Charcoal under a movable coverine. hi heaps or mounds. — The method in question is essentially nothing more than Mt. Bull obMinnd ihn Minn tphiIu wiih nir.druid Anifrican woods, niunely Tioin 10 io25 ]jwf cwiU by i\|[niiiii\|t in criiciUci nnKulnf pk-cci mrruundod witbobiuoaal powdm (See ()■« abovp ulito or liis re«iilt«, paye 24.) t The woc¥l iiM<d hj Knr>ii-ii w»» diid in th« ur, thai by SioLw 100° (= 213° F.) wU tbal \ff WinUci in ■ djy ruum. » rKKrA&ATiorr or charcoal. 53 the combuslioD of a mass of wood under a moTftble covering, wbicb enables the burner lo regulate the admission of air and prevent anj loss of charcoal bf the action of its oxygen. The chief obfaacles lo a proper repilarion of the process, and to a good result, are moisture and wet ; the current of air is rendered irregular by sudden cooling, and by much wind. A dry spot is cleared at the proper season of the year, which is during the summer months, sheltered from the wind [by a decliritj or a wood); it must not be at too great a distance from the place where the wood is felled, that the expense of carriage may not be great. To malce quite sure, and particularly if there 15 cause lo dis- trust the dr;\|-ness of the locality, it is well to cover the ground itself, or, after having first made a litter of shingles, planks or billets, wi ih a layer of charcoal powder several inches in thickness. The construc- tion of the heap is begun at the centre by erecting a stake as an axis, from which the lic»p is aAcrwards s«'t on fire. This is either a strong poft, around which the logs are arranged concentrically, taking the precaution to leave a free channel at the bottom from the stake to the peripher), that burning coals may be introduced, or three perpen- diculaj logs are connected together with twigs, so as to leave a kind of open chimney. Whichever plan is adopted, the ignition always begins from the lower part of the stake. £asUy combustible pieces, t. e. partially charred wood from a former process, are placed round the stake, and round these the Jogs, which must be as nearly as possible of the same length, and so arranged oae above the other in the form of a ring as to leave as smalt a space between them as possible. For this reason, all the split logs must bare their diarp edges towards the slake, and ilie burk side outermost ; all spaces occasioned by crocked wood must be carefully 611ed up with small wood, &c. The more slanting the logs are placed, the more kxwely they will lie together, and etce versa; on that account the ex- ternal surface of the mound is made as steep as is consistent with the durability and the attachment of its external covering. It is also quite evident that many spaces must be left when the logs, as Is sometimes the case, are laid horizontally and iu a radiating manner round the stake in one or more concentric rings, because there will be too great a divergence amongst (he outer toaa of the logs forming the inner rings. A combination of both forms is practically the best, (Fig. 1,) and is consirucied at first by making, round the stake, a steep and narrow mound, as a nucleus, and ranging the logs round this in the form of a ring pressing tightly the nucleus, so that its inclination determines the inclination of the whole heap. If all the logs be of the same length, tlie upper horizontal logs must approach nearer to each trther, in proportion to the lessening diameter of the nucleus: thua the external surface becomes surrounded with a series of small steps, which serve a very useful piir\|>ost; in supporting the covering. In all cases the upper part of the heap is covered with odd pieces of wood, bUltts, &c., until it assumes a rounded appearance. This coTering S4 PRBPARATldlt OP CHARCOAL. is called the cap^ the middle part of the heap, TChere in standing mounds the layers are rhanget) in position, ts called the border^ or the bnattf the base is called the /oof. Fig. I. The size of the mound depemls ujxni circumstances, but must not exceed those dimensioiis which admit of a good regulation of the heat j heaps are seen of 10 feet in diameter, ana eren less, and they may extend to 20^ 40, even €0 feet. It is obvious that the advantage of being less subject to cool is in favor of a large mound, as the surface is small compared with the space it occupies. Considered as hemi- spheres, the surfaces of mounds of 30 11. and 60 fl. in diameter, will be the ^th and i^gth of their cubical contents, therefore, in the greater one, only half the relative superficies. The heap must now, after having been ievdled, i. e., all the interstices filled up with small wood, be pn>< tected fromtbe air andprovidedwithacofenTi^. Moist charcoal powder is best suited for this purpose, as it packs easily anil closely together. Sand and earth are not so good; any of these, howercr, would fall into the interstices of the heap, if it were not first covered with a layer of turf, the earthy side outermost, with leaves, or even, in cases of neces- sity, with moss. This first covering, however, does not extend to the bottom, but is supported at a few inches from the foot by t^vigs, which are held by forks in the form of a ring against the heap, and are called its armor. The open part at the foot is left for the escape of aqueous vapor which is formed in the beginning; any opening in the cap, in the direction of the draught, would kindle the mound to en injurious extent. On the contrary, the covering, which is from 3 to 5 inches thick at the sides, is made thicker on the top. When th? second covering of charcoal powder or sand has been made and pressed down, which is sometimes dune at a later period, the whole is then set on fire; red hot coals are conveyed by means of the channel at theiixit PREPARATION OP CHARCOAL. 65 » of the heap, or, on (he other plan, from the top, to the stake, and the half-burnt pieces and chips about it are ignitea as qiiickly as possible. When this is done, and the opening again closed up, the first period begins, namely, that in which moisture is expelled from the wood. This is called the sweating process. The most diligent attention is necessary, at this period, to prevent the heap being destroyed by explosion Trom a too rapiil evolution of vapor. The duration of the sweating process is easily ascertained by the nature of the smoke, which passes up in a yrllowish-gray cloud, and a portion of its rapors condense in the covering, causing it to become quite moist. As soon as the nature of Ine smoke changes, becoming gray and lighter, the open part below the armor is covered, and the second penod of the process commences. But the state of the heap now needs repairs of an important kind ; the wood of the stake has been gradually consumed, and cavities have !>cen left ; thene cause a sinking in and falling together, whii-h, pro- ducing larger inequalities, damage the corering and leave apertures for air to enter. By quickly removing the covering, the cap is left bare for a moment, and the wood in the neighborhood of the stake is broken up, and forced together by a long pole, the empty space tilled up with fresh logs {filing), and the covering immediately replaced and stamped down. The combustion of a small portion promotes the dry distillation of the remaiDder, and the charring, property so called, commences. The heap is now left to itself for several days, care being taken that openings are made at ihe foot, to allow the vapon of tar to pass out, and (o supply the necessary amount of air, which, however, is partially effected by the porosity of the covering. The circumference of the heap now visibly diminishes, and attention must be paid to see whether this diminution is greater in some places than in others, or whether it presents a general want of uniformity. If such is the case, the charring has taken place chieAy in those parts, and a change of direction can be given to the process by incrcasii^ the ihiricness of covering in those parts, or making holes exactly opposite to them, which conduct tlu* draught from them to other parts. With this process the labor of the charcoal burner would cease, if certain parts of the heap did not require additional care. For it is impossible to keep up the fire immediately below the covers tog, the wood in those parts is too much cooled, and the condensed vapors which colkct there, resist the progress of the combustion. It is, therefore, necessary- before the process is completed, (at a time wbea the M'ood in the interior is completely charred,) to carry the combustion to the very outside of the heap, by an increased access of air. For this purpose, a second series of holes is quickly made io the breast, parallel with tho.se in the foot, but at CTeater distances from each other. It is not necessary to make these holes higher up, as the draught naturally ascends inio the cap. After a short time, the thick black smoke which at first ascends from these middle holes assumes the farm of a thin blue cloud, the openings are then immediately 56 closed, and fresh ones made about two feet lower down» when the same pbfjpomeiia occur a second time. Very large heaps require a third scnes of boles, until close upon the lowest openings, fire par- tially issues forth instead of smoke. When this occurs simultaneously all round, Uie process is known to be successful. Wherever llamea break out, they are imraodiatelj- extinguished by moist charcoal pow- der, and in those places where ibeydo not quickly appear, fresh holes are made to facilitate their production, until at lengtb the whole heap is under corer, and the process complete. The general appearance of the heap gives some clue as to the nature of the result ; alihouffh in every cose a great contraction haa taken place, with careful management this is exceedingly uniformt whilst an inclined position, bulging and the likt% prove a want of care. To break up the uholf heap before it had cooled, would cause it to ignite and destroy the charcoal ; and to wait until it had completely cooleil, would involve a loss of lime; the logs of charcoal are, therefore, drawn out separately. The burner lays bare an opening of tolerable size at the foot of the mass, draws out by means of a hook as much charcoal as time will permit before the air acts too strongly upon the opening, and then immediately closes it again ; this is repeated round the whole mass, and the red hot char-* coat which is drawn out, is extinguished by Imbedding it in sand, charcoal powder, or by water ; this operation is best performed at night, when the sliglitcst .spark is visihie. The lime required for charring varies with the size of the heap, from six to fourteen days ; but four weeks are required when the diameter is thirty feet or more. Another method of preparing charcoal, dilTering from the preceding in the mode of nrrangement and management, but not in principle, is practised in some countries ; t. e. in Wienorwald, it is e-alled car- bonization in heaps or piles (Haufenverkohlung). The wood is arranged in the form of a narrow, lengthened W£dge, (!''>£• ^) the FIf.t. breadth of which is occupied by the blocks, nnd its length is generally from twenty to thirty feet. The thick end, which is likewise the hindermost as regards the course of the process, attains the height of seven to nine feel, the front thin eriii only two. Independent of the diminishing thickness (height) of the heap, the gentle slope of the spot gives it an inclination towards the front, so that the foot slopes upwards towards the back : what has already been said with reference toposi- RCHAitES trpoiv ne&P9 ahd Morifos. W lion and covering, applies also in this case. The erection is com menced by driving posts all round the measured quadrangle, which in breadth and length must exceed that of the future pile ; these posts must he highf r toscards the back, and correspond in every respect ■with the height of the pile. Having arranged the unhewn logs, eight feet in length, crosswnysupon a floor consisting of long poles placed Vngth- ways, and thus formed the pile, a space six inches wide is left between the posts and the sides of the logs. This is for the reception of the covering, which otherwise could not be attached to the perpendicular sidea. Boards, shingles or other flat pieces of wood are set up inclining on the inside against the posts, and wet charcoal powder is stamped between these and the logs, until the whole side is covered. The thicker end generally terminates in a flat arch which sufficiently supports the cover- ing without boards. When all the intersliceii have been tilled up, the roof-shaped surface is supplied with a triple covering of twigs, leaves, and lairtly of charcoal powder. On the two long sides a number of holes are previously made in the planks (not in the covering), and a larger one of the same kind in the front for the introduction of small wood for igniting, which is accomplished by thrusting red hot coals between the poles and the pile. When the fire has caught, which is Men by the smoke, the hole is closed up immediately ; about flAeen inches from (he grouud, other holes 3 or 4 inches in diiimeter, are made in the IKint. The portion of the pile between these now begins (o draw, whilst the adjoining part (higher np and thicker) is in the fomenting stage. If blue smoke is emitted from the openings, and the process is drawing toaclose,the open spaces are closed, and fresh ones made at an increased height from the ground, and so on through- out the whole pile. In order to draw the fire down to ihc bottom, which is more diflScult on account of the cooling and humidity, a few spaces are made immediately above the ground in that pari, which is njready nearly charred. When the process is advanced to about the distance of the length of the logs, the first portions of charcoal are drawn out. It is sometimes thought preferable to split the logs, and to place them longitudinally in a parallel direction with the sides of the pile, by which arrangement the carbonization is more easily difiused, and fewer openings are required. The preference given to charcoal prepared in thi£ manner is not without foundation, as the charcoal is here drawn out as soon as it is perfectly charred. Central Remarks upon Heaps and Mounds. — The process of charring wood, which has been known for two thousand years," belongs un- doubtedly to that numerous class of inventions, which the correct practical discernment of former times has left little to modem theory to supply, beyond the rational explanation. Simple and ingenious as the process is, it has not been modified by any essential improvement. It is impossible to imagine a spot, where wood is felled, or lo which it is brought by flooding, or by wooden sledges, which does not ofTer the simple requisites for the erection of a coaling heap; and this cir- * It i» ilMcritwd by Tbeop. Eto•lu^ wlko lirod 300 j-ntra A. C, and by Ftinr. 58 REHARKS ITPOK nCAPS AVU MOPNDS. cumstance is of imporlance, as the cost of carriage upon wood so far exceeds that ni>on rharroal. Moreover, as has already been remarked, wood diminishes in bulV during charring, as much as from 20 to 25 p. c, so that a heap comprising 36O0 C. F., on being charred, be- comes 2250 C. F., and a space or hollow of 750 C. r ., would be leflf into which the air baring access would destroy and waste a por- tion of the wood. But this cavity is not actually produced, because the flexible covering gives with (he wood and obviates auy injury from such a cause. No arrangement could so surely, eifecttiatly, and easily regulate the access of air, upon which the main point in the operation depends, as the movable covering. Each thrust of the pole is like opening a stop-cock, each shovvl full of earth like closing another. Lastly, the fire can be hmught to act upon nil parts of the mass of wood, however extensive it may be, from the peculiar nature of the procedure. The object of (he charcoal burner, is to char by dry distillation the great portion of the wood at the expense of the smaller portion, which, in being consumed, allbrds him the requisite heat. A certain portion of the contents of the heap must be consi- dered as the necessary fuel with which the burner effects his purpose. 'Whilst the admitted air partially consumes the one log, (he adjoining one is exposed to the heat which it evolves, undergoes dry distillation, and is itself iiHerwards, tor a short Itme, expo!>ed to the action of atmospheric oxygen. The ability of the workman consists in observ- ing accurately the time when the air should be prevented having access to (he wood, and the neighboring parts are undergoing spon- taneous decomposition. This part of the operation is very much facilitated by forcing the vapors, contrary to (heir natural course, to take a downward, instead of an upward direction, and this retards the process, whilst it enables the workman clearly to discern what changes are taking place, and at the same time affords him leisure for taking the necessary precautions. Lastly, it is worthy of notice, that the fire beginning in the middle of the heap, gradually proceeds to the circumference, and thus the nucleus of the heap, which is the first to be completely charred, is protected by an enclosure of burning wood impermeable to air, from the destructive inlluencc of oxygen. As a great drawback to these positive advantages, there is one imperfection equally indisputable, which has given rise to a number of propositions for improving the process ; it is the actual loss of all available second- ary products, namely tar and pyroligneous acid. The sale of these is rer}' much dependent upon the nature of the country, and is often ex* ceediogly small, and yet various methods have been tried, though not always with success, for collecting them. Collecting these products from the mound generally does more damage than they are worth. Some have proposed to form the covering of slaked lime, in order at all events (o preserve the acetic acid as acetate of lime ; others, that it should consist of portable huniles covered with clay, which being supplied with tubes, might carrjr otTthe vapors to condensing vessels. This, however, would oe robbing (he covering of its most useful quality, t. e. its flexibility. The long masses or piles are better suited CHARRIItQ Iir rVKITACES. 0» for cnndenMng arrangements, and the best proposilioo is, to place i tube in the coaling at the thicter eml which shall conduct the vapors to a vessel containing water. When it is not necessary that the spot chosen for the heap should be changed, and follow the course of the woodman, where the wood, as in mountainous districts, can always be brou^t to the same spot by sledges or otherwise ; then the base of the heap may be built in the form ola 6at funnel, the lowest part of which, the middle, is connccled with a channel leading to a pit at the side, in which tar and pvroligneous acid may be collected. (.'haning in Fumactt. — The endeavor to obtain all the products simullaneoiisly, and the hope of a greater amount of charcoal, probably first led to the substitution of fixed apparatus, eitherof bnclcM-orkorof iron chartoal JvtrH<K«$t\n place of the covered heaps. Some are cal- culated, as were the heaps, to produce the temperature necessary for charring, by the combustion, with little access of air, of a portion of the wood enclosed within them ; they are furnaces, the sides of which form a Axed covering for the heap. In others, that portion of the wood destined to produce the heat, is entirely separated from that to be charred ; the latter is placed inside, the former outside, the furnace. A correct view of the matter has proved, that the gases and vapors evolved from a block of wood, in as much as they are the products of dry distillation, and unconsumed, are actually themselves fuel, all of which is unavoidably lost in the heaps; wlien these, therefore, are evolved plentifully, the operation should be brought to a close as qaicklr as posnble. In the furnace represented at Fig, 3, the air has access tbroogh the btirs. It is filled by the aperture a, and aAer* ' ' wards by 6, in the arch, l the chaixoal is drawn out only at 0. All the openings are bricked up during the operntion. i ^^^^^^^^^^^ ■_. By means of a tightly ^^^^^^t^^^ \ Stting door to the ash pit, the draught ts regu- lated. The air is al- lowed access until the walls of the furnace have attained a beat sulBcient to complete the carbooiKatioo, the '^ ^^^^^^^^^^^^^^H -^-SL doors are then com* pleteiy closed, and earth thrown against them, when thick smoky vapors of tar make their appearance. In Russia, Sweden, and according to Kavanko, in China, carboni- zation is usually effected in pits, the sides of which are made to form the furnace. The pit ia usually situated on the side of a hill, and ta X i 60 PRODUCTION OP TAR. tbe fihapc of an inverted cone ; at Ihe side is a tar \'cssel, which ia] conaected with the aoW of the furnace I)}' aii iticlined tube. The top of the pit, after having filled it with finely clcA wcxxl, is closed with a common covering of earth, tlirough holes in which a draught is produced. The furnace proposed by de la Chabeaussiere is nothiog more than a carefully constructed pit, which iaworlced upon the same principles, and which, liLe the preceding, is more adapted for the producuon of tar than of charcoal. The ibrm being the same, a drausht is produced from below by means of a number of channels, which pass down the sides of the Airnace, and open at the sides above the sole. The whole is covered above by an iron hood, in such s maDoer, that the conducting pipe for the tar opens a few inches below it. In consequence of too much cooling, a quantity of wood remains hut only half charred. The furnaces in which carbonization is conducted by means of af\ series of holes (space holes) made in the wall, are different from the above. They contain from 7 to 8 stacks (Sleeken)* of wood, ar« made quadrangular, that the wood may be more closely packed, aiKl are slightly arched at the top. The lowest series of holes is on the same level with the sole, the next 18 inches higher, and the remainder at distances of 3 feet from each other. When the wood is introduced\| and it must be packed as closely together as possible, a channel is made above the sole, corresponding with the door, which is the means of getting at it, and by which the whole Is ignited. By a pipe from the upper part of the furnace, the vapors are carried ofT. Distinct apertures are adapted for charging the furnace, and drawing out the charcoal. When the process nas begun in the furnace, and a certain temperature has been attained, the space holes are closedi one after the other, with clay pings as the process progresses, and when it is nearly finished, the whole furaace is covered with clay. The charcoal must not be taken out until the furnace is completely cold; for before that occurs, and it requires two or three weeks to cool, the air on entering would consume a large proportion of the red hot charcoal. The second kind of furnace, which is heated by fire from without, admits of all the products being completely collected, an advantage which is only counterbalanced by the necessity of em- ploying small quantities of wood at a time; for it is clear, that the bad conducting power of wood and charcoal must oSer an insur- mountable obstacle to the penetration of heat from without, into the interior of a larger furnace, and that its full action cannot there be exerted. The Production of Tar. — This kind of iiirnace is exceedingly ap- propriate, when charcoal is not the chief product required, but when the object in view is the production of tar. Coniferous woods have been found to produce the largest amount of tar, on account of the highly hydrogeuized resins, and the turjientine with which they are * Say 8 to 0 cordi the Stocken, oc Black, Eieft.bxflrt.by3}ft Thrse being Pn» nan ffwt, the stack wiU oocmpood to 137^7 cubic feet Englith at 1.07 cord of wood.^ Ak.£». PSODOCTION or TAR. ei impregitated ; Ibow parts which contain the* roost resin are, therefore^ chosen. The tar, or pitch furnaces, which are generally const nicted of clay on the spot in the forest, consist of two hollow arched cylinders, one withio the other ; the inner one, destined to receive the resinous logs, extends with the aperture iu its dome somewhat beyond the outer one, which, leaving' an annular space of a few inches, rises close up to the dome. The space between both is appropriated to the fire, to support which, a few holes are left. The sole of the inner space deepens in the shape of a funnel, and ends in a tube, leading through the intermediate space and the external cylinder (o the tar cistern. ^Vhen the furnace is charged with wood, the aperture is closed and 6re is made in the annular space as long as tar distils orer below. The thick Huid swimming uppermost in the condensing ves- sels, which a( first is yellowish brown and at last blackish brown, is the tar, a solution of pyrogenous resin in volatile oils aud acetic acid. If it is separated from the lower watery layer, and distilled by itself, a mixture of these latter is obtained, pinetar oil, and the resins remain as ship's tar, or jritch. According to Stoize, the folia- ceous woods produce from 9 to 10, the coniferous woods 1') to 14 per cent, of tar. A very f;ood arrangement for obtaining both charcoal and tar is shown in Fig. 4. l^e space in which the wood is to Fig. 4. .^ Tzszn^v^^r^jr. be cbarred, is an iron box, (walled spaces require too much fuel to heat them,) that will contain one, or at most, two cords; it is placed over a grate in such a manner that the llame shall pass in a spiral manner round the sides and then pass up the chimney ; 6 is the door for filling; the tube c carries oil' all the volatile products, first through the cooler d, whence the condensed products are con- veyed to The receiver by the tube e, whilst by another Lube y the gaseii pass to their destination, the fire-hearth. When the fire pro- duced by the combustion of twigs at g has raised the box to a red heat, the first vapors which appear carry with them combustible gases; a« soon as these appear in increaied quantity, the cock at v 62 PRODtCX IK CHARCOAL. is opened, and thej are admitted to the fire, which they oov entirely support without any stoking. After abont sixteen hours, the fire ii extinguished by shutting o^ the gfises, the whole is allowed to cool, and the charcoal taken out. It has already been mentioned, that fiimaces, tike the one here described, when compared with heaps, can only char small quantities at once; trials have been made to overcome this difficulty by constructing larger boxes, and supplying them with healing pipes, so that the heat might be applied not only at the surface, but to many par1» in the centre. If the beating is conducted in 8\ich a manner that the flame contains little or no excess of oxygen, the pipes may tbea be dispensed with, ami at the aant time a savine of fli^l efiecled, inasmuch as the oxygen is almyi excluded. The construction of the furnaces iotrodueed by SchwaitC into Sweden, is founded upon this principle; they arc lai^, claae^ walled spaces, into which on the one side, the hot gases (name) art introduced from a hearth buUt for the purpose;, and from the other issues the tar-pipe. The thinnest and most combustible logs are placed in this, as in the other furnaces, at the bottom, where the charring is effected with the greatest diflicalty. The expectations imised by this arrangement^ as compared with the mounds, have not been realized in practice. It will be found more economical to sub stitute for the flame expressly prepared for the purpose, that which issues in a useless manner from some furnace employed for other objects ; and this has actually been done in some places. Thus, the flame from iron smelting fiirnaces has been employed with success for the purpose of carbonization in furnaces, several of which may be placed round the mouth of the iron furnace. Supposing them all to be 611ed with wood, the flame is conducted through a sliding door into the first, until the heat is sufficient to complete the charring ; its door is then closed, and the flame is conducted to the next, and so on. Before the last is completely charred, the first h&j lo the mean lime been recharged. Thr. Produce.. — The produce in charcoal is apparently, nt first sight, very variable. The experiments undertakeo on a large scale by Junker, at the instigation of Berthier, at the smelting works in Plauen, are, of all others, calculated to adbrd trustworthy results. The following woods, all thirty-two years old, were first weighed, and then charred m similar heaps of 5 klafters* each. The weight of the char- coal was ascertiiiuetl immediately ufler its preparation, before it bad bad lime to absorb aqueous vapor. Unfortunately, however, (he quan- tity of water in the wood was not previously ascertained. The follow* iug results were obtained: * KtaAer, tti« Bavnika wna fiir Sleclun, ^4n. bfflA.3iA. PBODUCE IN CHARCOAL, 6t I I k Bpctirt at wiHIil. CliB renal. Riitf.rkarrn1 WVOll. [loi oeDL p«T WDi Gren ta<l bc«ch, ml ia May, IS33 . 1&,1 0.9 Pnlral " « « ... 33.0 0.3 Dry " MAd oak, 3 jtAt oM a-i.u 0.3 Dry Okk, 3 yvnn old, pmlml 25.7 0.34 CiMD mk, cut ii) >tiiy, 1833 M.4 0.3 pr»l«l - ... 31.3 " tnipFatrri " ... 18.8 \J0 Eqiml pBKi of nniwnkd rad bMvfa H»l o«k, out Jan., ]83i, adJ c«rtx>niMil in Au«u«lt 1&31 33.4 0.S Ct««n tnl U-rcJi, unpoleii, charred immedialeljr . 12.9 D.3 Bbmn c«k, iiDincdiaivlj clnnvd 13.5 0/4 The first fire experiments were made in August, and consequently at a Tarorable senson ; the last five in Januuv, when the weather is uorarorable. The mean produce of all tog^er, is 20 per cent. ; fur- naces produce 23 to 27 per cent, of the wood used. But in order to draw a fair comparison, Jth must be added to the whole quantity of wood, as that Ls about the quantity required for heating the furnaces, so that the 27 parts of charcoal are the produce of 120 parts of wood, or 22 per cent, of the wood, being not much more than the aTerage quantity produced in mounds. On the other hand, expenses must be incurred far the erection and repair of the furnaces, which very much exceed what is required for attendance on the mounds. "Without re- ference to the dilTeieut methods described, amongst which none de- serves decided preference, it cannot be denied that they all produce no more than \|ths of the whole amount of carbon contained in the wood, so that there can be no doubt as to the deficiency of all the processes. The wood, in the state in which it is employed, contains 20 per cent, of hygroscopic moisture, 40 per cent, of hydrogen and oxygen, and 40 per cent, of carbon. This is consumed during the process, partly, 1, to evaporate the water formed with that already in (he wood ; 2, to form, with portions of the other elements, tar and pyioligneous acid, &c. ; 3, to evaporate these ; 4, to produce a red heat throughout the mass of charcoal; and 5, to supply the constant loss of heat : that which remains after a supply has been furnished for these diflerent objects, is the whole produce in charcoal. If we sup- pose tha whole hydrogen united with oxygen, without taking up any carbon, we shall have 40 -f 20 = 60 per cent, of water to eTaporate ; tbb, as will be shown below, will require 5J per cent, of charcoal ; of the remaining 34..') per cent., 0.6 will be consumed in bringing the whole to a red heat, and from 1 to 2 per cent, will necessarily be use- lessly burnt. Any method by which we could obtain the remaining 32 per cent, of charcoal, must force the hydrogen to unite entirely with oxygen, without exerting any adinily for carbon; and as this would be contrary to the lawsof chemical combination, science affords us no hope of ever attaining it. According lo Stolze's experiments, (be carnan contained in the tar and acetic acid amounts to 11 per k m 64 'WEIGHT OF THE CHJIRCOAL— CHARBON JlOtJX. cent, of that contttiiied m the wood. Stateia«als, Hke those of Ka- Tanlco, according to which ihc Chinese obtBJn from 30 to 35 per cent. of charcoal from fresh wood, or the entire amount of carbon, are absurd. Weight of the Charcoal. — The charcoal obtained from different kinds of wood is not pure carbon ; for by heating it a second time, a residue of volatile roiitters, amounting to 7 per cent., may be driven off". Besides this, it differs in other respects; that from the soft woods is much more porous than hard wood charcoal ; i. e., 1 cubic foot of soft wood charcoal weighs considerably less than a cubic foot of that Dom hard wood ; a circumstance that materially affects smelting pro- cesses. According to Hassenfratz, who has made the most accurate experiments, the specific granties of different kinds of charcoal are the following; alder 0.134, birch 0.203. while beech 0.183, oak 0.155, red beech 0,187, red fir 0.176, lime 1.06, A correct notion of the weight of a given mass 4* charcoal, and the relative weights of differ- ent uiads could be obtained, if, in being heaped uptogether, it didnot leave innumerable spaces, the amount oi which cannot be determined. The following statements are the mean of a great number of observa- tions made upon a large scale, interstices included: 1 cubic foot of beech-wood charcoal (split wood) weighs from 8 to 9 Ihs. ; the same wood charcoal (brusliwood) 7 to 7.5; charcoal of split oak wood 7 to 8 lbs. ; of brushwood 6 to 6.5 ; of the softer kinds of wood 4.5 to 5.5 lbs. ; pine wood 5,5 to 7 lbs. One property of wood-charcoal is very remarkable, and deserves notice, viz., its property of con- densing gases ; charcoal will often condense 90 times its volume of amnioniacal gas, and 10 times its volume of the permanent gases, nitrogen, oxj-gcn, &c. Fresh charcoal exposed to the air quickly loses its easy indammabillty ; it gains, however, indisputably In heat- ing power, on which account seasoned charcoal is always preferred in the arts. The cause of this factis not known; it cannot be explained by the absorption of water and air alone. Common charcoal gains 5.7 and 8, and exposed for a longer time, from 10 to 20 per cent, of its original weight. Of Chtirbon Rotti {Rothkohle). — If has already been stated, in other word-s, that the object of charring wood is to increase the amount of combustible matter per volume. Thus, a cubic foot of beech wood ss 20 lbs,, contains, after the abstraction of its hydrogen and oxygen, nearly 9 lbs. of combustible matter; a cubic foot of beech charcoal, on the contrary, contains nothing else, and weighs 12 lbs. We have, therefore, increased its combustible matter ^ per cubic foot, and yet it is by DO means asserted (hat the carbontzalion must be completed, as is the case in charcoal from heaps, in order to obtain the desired result. Berlhier pointed out this fact some years back, and it has now been proved in a series of interesting experiments by Sauvages. He charrea in the same furnace, one after the other, 5 equal parts of air-dried wood, and interrupted the process each time at a different intenal, in order to examine the products of the various degrees of CaABBON BOCX. «6 earboQUEatioD as to their loss of weight awl buUi, and their amount of combustible matter. Ue found that : 100 lb, wood «b«l fiir 3bo«» ibOBB. SWinL d) boanjQt boars, MouimI flbaroiml. ■ki UK) a F. I Bred 86 CF. 76 C F. I •17 11m. wcv. 41.5 lbs. MC. F. 90.1 lb). »C.F. 17JIUM. 33 CF. luUjj they coatained of combastible matter: C.F. w(»d ' " Aiund (luring 3 boun •an a a ^ H U H H ■ U 11 " " - " 6\| " " mound clmoOKl 909 p«m tv waaght. 885 • ■ B04 " ■ 1133 " ■ 10«1 " 1136 " • I0S9 " • ^K ■ It is evident, Irom this table, that the amount of combustible matter ^ IB equal volumes of charred wood, does not increase even after ex- poture to heat for 6^ hours, that a continuation of the heat occasions aa abaolule lo.s.s, and that it must be advantageoiis to stop the process bHbre the formation of mound charcoal is effected, a practice vrhich is already becoming general. Wood of this kind, not completely charred, but only to (hat point when it contains the maximum quan- tity of combustible matter per volume, is called rtd charcoal (charbon roux). In France sod Bel^um, where this new kind of charcoal is in use, it is prepared by a kind of heap carbortizatioii, which does not entirely depend upon the same principle, llie heap is more in the ifaape of a pile, lengthened out, and erected over a channel formed in the ground and covered with iron slabs. The heated gases of a fire, situated at one end, are forced by the motion of a ventilator to paas along the channel, and from thence through a crevice or longitudinal dit, extending the whole length of the iron slab, to permeate the whole mass of the wood, which, thus heated, undergoes dry distillation. On the outside, the heap is covered with a layer of earth, through which the gases are allowed to escape at those parts (o which it is desirable to direct the heal, whilst all is covered up, where the opposite object is to be gained. The operation is, therefore, regulated in the same manner as iu the mounds with movable coverings. Ex\|>erieoce and practice must teach the workman how to apply the principle of mound carbonization to the furnace charnog of Schwartz, «o as io obtain the greatest possible uniformity in the product. The introduction of red charcoal into a country is of importance, a.« it cfTect.; a great saving ia tke consumption of wood, the scardty of which is always on the iacreue. The greatest difficulty attendant upon the practical em- ployment of (his charcoal, is that of obtaining it perfectly unifurm in chemical composition, as upon this point its action depends. If this is variable, the fnmace man must remain in total ignorance of the right quantity of fuel to be used. 66 rRCPARATION OF PEAT CHARCOAL— UBE OF FCRnACBS. [At the iron works at West Stockbridge, Mass., a part of the char- coal is prepared in ovens holding tacu 60 cords of wood. Their dimensions are 36 feet long, 12 feet wide and l8 to 20 feet high. This qunnlity of wood yields 3&CK) bushels of red charcoal, which, cotDputed oa the Winchester bushel of 2150 cubic inches, give the bulk of charcoal 67 per cent, that of the wood employed.] Of the Preparation of Peat Charcoal. — The charring of peat b very much facilitated bylwo circumstances. The rectangular form of th peat bri{:ks admits of their being piled up together without leaving tho5i<^ interMiccH, which is such a great objection in the wood mouDci, and the lesser combustibility of peat charcoal renders such miDute attention to the process unnecessary, attd admits, with advantage, of the construction of heaps very much less in cirrumference. These con- sist generally of 700 to 1000 bricks; they are from 6 (o7 feet tn diame- ter, and 4 feet high. Around the stake, which is driven into a dry place, the peat-bricks arearranged endwise in concentric series, forraingcircu- lar layers, of which four, five, or six, with an internal decreasing diame- ter, arc placed one above the other, with this precaution, however, that '^M in all four directions air-chaanels or passages, of the width of a brick, ^^ are left in the direction of the radius, by meaits of which the heat is aAerwards regulated; otherwise ths peat heap would be too closely packed to allow any passage of air through its interstices. At the foot of the stake some dry wood is placed for ignition ; the heap ia covered with an inner coating of moss and leaves, and with an outer one of earth or charcoal dust, leaving only the middle part of the hood round the stake uncovered, for the ]iurpose of setting fire to the heap by one of the passages. By opening and shutting these channels, the combustion is conducted in all directions until flame breaks forth from the opening in the hood, which is then closed. The completion of the charring is then effected by apertures all round, beginning at the hood and proceeding fool by foot to the base. The appearance of the smoke issuing from these apertures is here also the iudication of the stage and state of the operation. The nature (age) of the peat, its consequent density, &c., must direct the burner. A mound, of the circumference stnted, produced from not quite air-dried peat, 24 per cent, of the weight and 27 of the bulk; from air-dried, 27 per cent. ^ in weight and '32k in volume; from freshly dug Pfungstailt peal, 30 ^\| per cent, in weight and 29 in bulk; from excellent peat, quite drj", " 35( of the weight and 49 per cent, of the bulk. In the district of Siegen very good peat produced 23 per cent, of the weight and 40 per cent, of the bulk. Experiments upon a small scale generally j afford a still larger produce, sometimes as much as 40 per cent, of the ^\| weight. Much difficulty is attached to the drawing and quenching^ the peat charcoal, which are undertaken when the mound has cooled during a certain time, for the charcoal easily crumbles to powder and is then useless. Jn Furnaces. — The use of furnaces aHbrds no increase of produce, but a safer regulation of the lire, and is more applicable to peat, as that substance is always obtained upon the samt spot, and it is itot CHARCOAL m ri'nifACBS. wt I I necessar}% as in ibe forest^ to follow the clearing or to transport Uie ZDaterial. In the manufactory of arms at Oliernoorf in Wirtembcrg, (here nre charring furnaces which have stood the test of ten years' ex* perience, and have been approval ; such a one is represented in Fig. 5. It is in the form of an u)>- rigbt cylinder, closed at the "'«■ ■ top by a circular arch, 9 feet in height, and ok feet in diameter, containing 189 C. F. The furnace itself 6 is surrounded by a second wall aa, in such a majtoer as 1o leave a space c, which is filled up to the dome with sand as a bad conductor of heat. Uoth walls are of brick, each one singly is 15 inches thick, as is the space cc, so that (he entire thickness ~- of the walls is 45 inches. dd are stones, plactrd lon- gitudinally and perpendi cularly, to give greater solidity to tbe walls. Above the sole of the furaace are three rows of draught boles, pieces of old gun barrels walled in, which can be closed with bottle stoppers. The door for drawing out the charcoal can be closed by the cast iron slaby"; the iron support of the door projects slightly forward, and can be closed in the front by a board e, and the space m then filled with sand from g. Od charging, a channel is left in the axis of the furnace, lor igniting the contents. In the beginning, the charging aperture i, arnl the lower draught holes, are left open, and as soon as the peat appears white hot, they are closed, and the upper ones opened. When all smoke has ceased, all the apertures roust be closed, or filled with sand, and a layer of sand placed over i about one foot in thickness ; this occurs in about forty to forty-eight hours, and then the fUraace is le& during six or seven days to cool. That no interruption may occar, ten such furnaces are worked at the same time. Peat charcoal, as far as heating power is concerned, ranks amongst the best kinds of fuel ; it possesses, however, at the same time, properlie.s which render it unfit for many purposes. If 100 lbs. of peat leave 21 lbs. of ash, and produce 47 lbs. of charcoal^ these 47 lbs. of peat charcoal will contain. 21 lbs. of ash, i. e. 45 p. c, which alTect the processes in which it is employed, e. fc- forging ; partly on account of its quantity, and partly by entering into fusion, and acting chemically upon the bodies to be heated. As most kinds of peat are rich in ash, this must be augmented to such an extent in the charcoal, as to render the greater number of them unlit for carbon- ization. Another great objection to peat charcoal, is its loose, brittle chancier, which causes it soon to fall to pieces, and become useless. 68 CHARKIRG OF BROW!* COAL. In high smehing furnaces the pressure of the layers oi ore suflSces to crush it ; its appUcatiuu is, tbereibrCf confined to open boilers and fotgc Gres. This want of tirmness has been found to render this chaiooal quite unfit for removal, and the carboiuzatton mu«t be effected on the spot where Che cbarcoal is (o be used. Charring of Brown CW.-^f all kinds of ftiel, brown coal is least adapted for carbonization, although it is decomposed 'with as much esse as wood, and the charcoal which it produces is not so easily inHamiuable. As regards the amount of ash, what has been said of peat, apidies to brown coal, but cveuthe best kinds of brown coal are not easily charred, for, during the action of heat, the single layers, concentric rings, &c., which are scarcely perceptible ia the fresh specimens, spUt ofT, and a compact piece of brown coal becomes thus completely separated into small fragments, or is so split about, as not to bear carriage. In experiments with lignite from the ilessenbrticker Hammer (in the Welterau), \b\ p. c. by weight, and 32 p. c. by Toliune were obtained by carbonization in heaps. This quantity is too small to pay far the cost of manufacture.* In the neighborhood of Cassel, where circumstances are more favorable, the caiBonizalion in mounds is actually carried out, but only upon a small scale. Kxperimenls made with bmwu coal ujxm a umall scale, in which the coal was heated in close crucibles, until no more vapors were evolved, gave the following results: lOOpsru. Chu- coal C. IMpuu. Oluf Eanb^ conl rrom Dai . 49. J ' Lignite from Npundorf . . 3S.4 q " Bouch. d, R. 41.1 " " Coalang . . , 36.1 •1 " BowcvAIpoe. 49A » " JmhMdorf . . SUM LtpuW rrem tiieeco . . as.s » • Paradal 1 . . »« " " Cologne . . 36.1 U 11 u ^ 40.7 41 " Iceland . . 57.5 ■ " " 3 . . 42J1 ■I " BaddeigmbA 41.fl " ■ AntDid-Zcelw . 40j0 o ■ m B 49.7 " " Welloriilrw Br. ».9 « " Oi. Uiwali . 44.3 •' " Nfmifcoiiauer Bt, 34.7 U U H 43.9 ■' " Hanonberg I . 97.3 H V ■ 5L3 a C U ■ Q ^ 34.6 H " Fn«4orr . 38.3 S • - K&iii(i?n , . . 37.S •1 U 11 48.2 1 Pitch cosi from (irUDlat . , 37.3 ll U u u 4d.e & EurUiycoal [^.UacKuberg 1. 4S.1 Eonhr ■ Ultweiler . 68.3 k » 41 2, 4B.4 t a ■■ Raddcrgnibc 48.3 a n B 3_ 36.8 u U II 46.4 k U It ^ 3»j0 1 'Ligptle bota PQuchea . 46.4 Piwh « » 1. 43.0 It « ■ 44.7 a. 403 « d u tl u 51.0 Carltiy coal froin StMX . , 404 ?\|- H " StOrachcB . 29.1 Pitok eoKl /rom R«ich«twa . SS.I " 11 40.6 It .1 u 3».3 1 H " Orelierg . . ca.8 " " AltMttel . . 403 ■ I« H 48.4 ^1 U ■ 35j0 - Au«i«. . . " Hesendorf . 4U.L 4ao 41.3 r_ - , ( vprau . . 35.6 48i) * In England, a cwt of txm\ flOftt ■boat ^/t, ou cwt. of chaired coal abonl ii. \0d CABBOHIUTION OF PlT COAL— DBAULPBDRlZATIOir. 69 Carbonization of PU Coal. General PrinnpUs. — ^Tbe chircoal wbicb is hH as the residue aAer the action of heat upoo pit coal, is common)}' rallnl cake. It has bevn already mentioned at p. 32, in what manner the diflerent lands of coal are acted upon, and produce various kinds of coke. Caking ooal softens during decomposition, and leaves charcoal with more or less distinct traces of funon. As in this kind of fuel, the oxjf^ea does not predominate, and it is the hydrogen, which at a high temperature carries olT the carbon, it was suppoised that the property of caking was due to the predominance of the latter over the former. It is no doubt true that 12,5 ports of by- drogen can combine with as much carbon as 100 parts of oxygen, but the predominance of the hydrogen over the oxygen, is not sufncient to expiaia the manner in which the coal is acted upon by heat, as the following' examples taken from Regnault's analyses will prove, in which analyses, particular carv was taken to describe the nature of the coke. The formula represent the relation of the equivalents ett< culated from the analyses. uwa Aaibraeiw (km Baldue, Mad coal . . a flOC4- 44 H4- 0 U : i Coal ft«n Bhuxr. 9iiii«r oQftl . aBSOCJ- 64 H-ffi O 10.7:1 OniMl a»l fimi lADi-sshirr, liuiirr ami . b SO C-(- ft4 H-j-S 0 31 :1 CSgal ftoa Mom iOmO) c«kjuK wnl . = BO C4- nu U-fS 0 04 : 1 Gml fhm Gnod Cnux (rosr^luU) higUy cakta^ . = SO Cf 86 H-j-3 O ia.7 : 1 It will be seen that the property of caking generally increases with the quantity of the latter two elements, particularly with that of the brdrogen. Anthracite, consisting almost entirely of carbon, may be nevea as a kind of natural coke resulting from the jirucess of coal formation. Although the hydrogen is on the increase in all the rest, in proportion as they soften in the fire, yet in the last, which possesses this property in the highest degree, the reverse is the case, its hydro- gen amounting to only half the quantity contained in the caking coal from Mons. It is remarkable that (he same should be the case with the younger coal of Obernkirchen, which is also of a highly caking character. It also produces a porous, friable coke, and has the composition 80 C-\|- 52 H + 3 0 or O : H = 1 : 17. An explanation of this property of the coal can, therefore, only be expected from an investigation of the arraugemenl of its eli-mentary molecules, that is fmm its constitution, a subject upon which science has yet to throw morif light. Desulphurization. — The production of coke is undertaken with (he same general object in view, as the production of wood charcoal ; but it it desirable, for many purposes, to free the coal from sulphur. In this sense (he production of coke is also called the desulphurization. For purposes connected with the arts coke must be compact, in large pieces not liable to crumple and form Just, and it must possess a cer- tain degree of solidity, so as to stand pressure in smelting furnaces without being crushed. Both qualities must be considered in (be ehoice of the inalerial selected for its production. Sand ooal must be ■70 COKIIVG IN BBAPS. discanle<1 on the first ground, and too highly caking coal cm ffae se- cond ; the latter crumbles, because the boles oi cells are too la^. and the walls of thes« holeti or colls are too easily compressed.* £x- perieoce, however* has shown that the softness of coke U dependent upon the mode of its production^ and that this may be remedied accordingly. lU for instance, ootce is prepared under the pressure of a heavy covering, the blisters which form in the soflened coal are pressed together, after the escape of the gases which caused them, and a denser coke is produced. In order to obtain good coke, caking coal, which approaches sinter coal in cocuposition, should be selected. As coke is much less intlamroahle and only burns well with a good draught, but in tmon extinguished in furnaces with Utile draught and in the open air, and as the coal is always furnished on the same spot, fewer precautionary measures are requisite, and the operation of coking is more easily and better effected in a stalionar)' apparatus, in Heapt. — The oldest and still \6ry common melhod is that of mounds oc heaps, in which tlie operation, however, is not conducted in the same manner as in the wood heaps. No covering is employed, bat carbonization is commenced with free access of air, and a coating of dust is iiret applied when tlie coke has already been produced, and the attention of the burner is reqmired lo prevent its further consump- tion. The coking station is alwayij the same, and becomes sufficiently covered of itself with charcoal debris. In order to prepare more coke at once, long heaps have been substituted for the original cir- cular mounds; the length of these is of do consequence, and accord- ing to circumstances and the consumption of coke, they may some- times extend i^tX) feet. A string is stretched along the coke station, in order to point out the axis of the heap in the direction of which large pieces of coal nre made to lean against each in the beginning, so that a lon^tudinat channel (ignition passage) is formed througn which the string passes, U is of consequence to notice the natural stratification of the coals; they must always be placed upright (as compared with the direction of the layers), and with their fractured surfaces at right angles to the axis of the heap. Parallel with the first series of coal, is placed a second, and tlien a lliird, and so on; but the pieces constantly diminish in size, until the station measures six feet on both sides. Upon this substructure the heap is then made 'without particular care in the arrangement, the largest pieces below and the smallest above, until it has reached about two feet. To facilitate the ignition, stakes are rammed iii at distances of two feet from each other throughout the whole lenglh of the heap, and project from the lop. When they have been taken out, spaces are left into which burning coal is introduced. The fire thus spreads at once from more than ahundred places through the passage of ignition. As soon as the burner observes the thick smoke and flame cease at any part, or that any part becomes covered with ash, he endeavors • IVit much <]»pMKk aUo cm ili« mu of odutig, whether a denM antl cotnpacii or % kiotv ■□(! fiublo coke thall bo obtiia»d. — Ax. En. COKIVC IN MOLTCDS. Vi I immediately 1o stop the progress of the fire by covering it with pow- dered charcoal, and repeats this throughout until the whole is covered in, and the heat is then left two or thn^e days to cool. The covering on the side exposed to the wind should be thicker, accordtog to the quantity of wind. When the fire ta nearly extinguished, which is Oie case after as many more days, the colce is drawn. This mode of procedure is simple, hut not very economical ; the extension of the fire proceeds from without (properly above) lowards the interior and downwards, so that the upper coal is already coke at a lime when the inner part of the heap is only heating, and requires air, which con- sequently must not be excluded by a covering, atthongh it \a requisite lo protect the outer coke. Whilst the inner portion, therefore, is becoming coke, the outer portion which is already coke is being consumed, without a possibility of preventing it. A somewhat diC ^ ferent method practised, for example, at the Clyde iron woriu in ■ Sootland, completely obviates this difficulty. FiV. 6. In Mounds. — Fig. 6 represents atich a mound; it is round and treated in the same manner as those employed for wood charcoal. A conical lirick chimney three or four feet high is erected upon the coke station, three feet wide at the base; butwniist building a brick is lei^ out from time to time, so that throughout the whole structure a num- ber of apertures J9^ remain, by means of which the inner part of the channel remains in connection with the heap of coal surrounding it. The heaviest pieces of coal are placwi nearest the chimney and gra- dually diminish io idze towards the outside, by which arrangement the monnd assumes a round shape; care is likewise taken in con- structing the mound to leave free channels or spaces from the aper- tures ^Jl to the circumference. The inclination of the mound must not be too great, that the covering of ashes (cinders) with which it is enclosed may have a sufficient support. The mound represented in the figure is about twenty feet in diameter, and four and a half feet high, so that with its covering it exceeds the height of the chimney by a few inches. The ignition is effijcted by the chimney, into which burning coals are thrown, which gradually communicate the Qames to the mound through ^ A, beginning, therefore, from the bot- 72 COKING m PURRACES. torn and (he middle, Tvbich is of importance. Spaces are made at the foot of the mound to admit of air passing through, and escaping bjr the chimney. Gradually at the end of four or five days the surface becomes red hot as may be seen through the covering, the mouth of the chimney is then covered with an iron plate, and the spaces are closed for about three days, when the coke is drawn. In other parts, where the same sort of mound is used, the process is conducted in a different manner, and resembles that practised with the heaps first described. Tltc mound has then no covcriitg, and the chimney is covered immediately after ignition with an iron slab. The flame then penetrates the mound, fed by the air which has everywhere free access. As soon as the flame ceases at any spot, it is covered with cinders, and so on until the whole is covered. The heat which has now been attained, is sufficient to drive off the last portions of Tapor and tar, which pass oul from the re-opened mouth of (he chimney. ^Vhen these are no longer evolved, it is again closed and the mound allowed to cool. One advantage over the carbonization in open heaps is still preserved, and that is, that the process proceeds from the inte- rior towards the exterior, which is not the case in the heaps. In Furnaces. — The use of furnaces is considered in many countries more profitabV. All the furnaces d^estincd solely for the productioo of coke, (and not of tar and gas, for which see gas illumination,) are worked with access of air, and never by a separate fire from wiihout. One of the most commonly used, is depicted at Fig. 7, and its hon- F41. 7. f-'i.. s. zontal section at Fig. 8; both represent a coke furnace used at the Tyne iron works and elsewhere. The drawing represents four fur- naces, which are so arranged as to save brick-work and retain the J COKIIfO lit rURI<ACB£ 73 I heat, ^eh single furnace la a square space, arched at the top, is constnicted of brick, ten feet deep, twelve feet wide, so as to contain 120 square feet of coal, and ten feet high. The whole thickness of the wall is two feet, including the internal lining of tire stone. No grate is requisite, but in the centre of the arch a, un a])crture is made 2^ feet wide, and another i 6 at the bottom of the front wall, for the introduction of the coal, and which can be closed by a door three feet square. The aperture a is supplied with an iron ring, the opening b wiih an iron caMng which forms a groove r, in which the door slides. This door consists of an iron frame, filled with brick work, which is movable in r, and is suspended at d, the lever e with its chainy serves to move it. In the briclf work of the door, are a number of draught openings gg; these, however, are often wanlinc;, and then the case of the door does not fit exactly, but is loosely set in bricks, so that suf- ficient air has access. The 6rst furnace in the drawing has a door of B less convenient construction. The working of these furnaces continues day and night without interruption, except when repairs become necessary, and the first <^ration is the rharging. By the open door 6 A, two 'ions = -10 cwtg. « coal, is introduced into (he furnace, which quantity just reaches to the base of the arch, (leaving, therefore, space for swelling,) and is spread out by rakes. As soon as the charging-door is closed, the coal catches fire, and a thick smoke issues from the aperture in the arch, which is only closed towards the end of the process. It must be remembered, that the furnace, which is conslanlly at work, was only deprived of its charge of coke the moment before, and received con- sequently, the new charge whilst in a red-hot state; it is, therefore, the heat of the walls which ignites the coal on alt sides; this heat, however, would be insufficient to char the whole mass of the coal ; but the operation is urged on by air rushing in from the apertures gg^ igniting Inc Ta\|>ors arising from the coal, and thus raising the tempe- rature of the interior to llic required pitch. At the expiration of three hours, the intensity of the heat is so great, that the lower opening, gg^ must be closed, in order to moderate the access of air, which con- stantly enters at gg, and passes off at a. In twenty-four hours, from the time of beginning, on the second morning, according to the usual process, the upper draught -holes are plastered over, and the furnace remains for twelve hours with the mouth a open, during which time the remainder of the gases and vapors are driven out of the coal by the existing heat, and pass off in flame. >^ben this ceases,a is closed with a slab of iron, or with stones, which are covered estemally with sand, in order, during the next 12 hours 1o moderate the heat. The whole time expende<l, from the charge being placed in the furnace to the time the coke is drawn, is 48 hours; it is evident Ihat the fur- nace must then still be red-hot; but the slight combustibility of coke admits of the door being now opened, the coke raked out into iron wheelbarrows, quenched with water, and carried away. The furnace is then charged again as quickly as possible, and the process repeated. COIIKG FURNACeS. 1 Whilst tbe contents of one furnace are being drawn off, the other is at work, anil so on, that ihe labor may be equally dirided. In most coat countries, large quantities of tar are obtained in tbe prodiictioD of coal-gas for illumination, and the secondary products of the coking process are, consequently, not collected. In SUetta, on Che contrary, the industrial relations of the country are w distinctly in favor of collecting the tar, that that point can by no means be ne- lected. In Gleiwitz, for example, the arrangement represented in ig. 9, has been recently employed. The furnaces there are cylin- t drical, arched over with a hood, about 8 feet high, and built of bricks. They are charged by the opening a, which is aAerwanls bricked up with dry bricks, and closed on the outside by an iron door rf, the crevices in which are filled with clay;/ is Ihe inoulh of the furnace, with an appropriate cast-iron door fc- The air has access (for here, as in the former case, no external fire is applied) by tbe apertures cec, which are ranged one above the other in rows, reach- ing to the hood. The lowest of these are in the sole of tbe furnace itself, which thus becomes a kind of grate, and is hollow beneath. It is as well, however, if not better, to make the sole of massive brick- work, 90 that the draught-holes occupy the sides, beginning at tbe same level. The tar vapors and gases are conducted during Ihe ope- ration, through the tube A in the side of the hood to a cistern, which condenses and collects the former, allowing the latter to escape. Du- ring the cold season the tube h leads directly to this cistern ; but in COKING in FURNACES. 76 the SDcaraer it is carried in a zig-zag manner through a vater-tank, for the purpose of aiding Ihe condensation. In the first instance, large lumps of coal are introduced at a, leav- ing, faoweTer, a small space for the insertion of burning coals, then smaller pieces aty, in all about 36 to 40 cwts. When the first have taken fire, the two larcer apertures, at>d the upper rows of draoglit- boles c c are closed, and the lower row only is left open. As soon as the fire, as seen through these openings, assumes a reddish-yellow color, the holes are closed, that the second row maybe opened, and 8o on. The first row is closed after 10 hours, the second is allowed to remain open for the same time, the third row 16 hours, and the last, or uppermost, 3 hours, after the closing of which, the furnace is left for 12 hours befiire the coke is drawn. With four of these furnaces, eight or nine burnings are made weekly in Gleiwitz. The coal which is used there is of a slightly caking character, without being Terj poor in hydrogen. As the average of several months, the cwt. produces 74 parts by volume, 53 per cent, by weiglit of coke, and about b{ gallons of tar. The same coal, charred in heaps, produces only 47 per cent by weight of coke, which is much more porous and less dense, so that, compared with furnace coke, a like bulk weighs 1,3 times less. The refuse coal from the pile, coal-dust,' &c., which, in itself, is of very little value, can be turned to good purpose if it is of a caking character ; for the single pieces, in becoming soft, adhere together and compose as solid a coke as the lai^ coal. A trial has been made in St. EtiennCf by stamping moist coal-dust into wooden boxes, which can easily he taken to pieces and are furniiihed with pegs on the inside, to form small mounds, with correspondingdraught-chaDueU, which are ignited after the removal of the mould. Too much loss, however, and manaal labor have caused this mode of procedure to be supplanted by the oseof closed furnaces, of which, theone represented at Fig. 10^ FiK- 10. ^i^ itiin«n p w ^yJMliJ* • r_r-- .-^oj being that used at Rive de Gier, on the Loire, is a good illustration. TTie construction is the same in principle as the common baking>oven ; namely, a flat arched space, with an even sole without grate^ which, * Fat ft woeni ftppUcaikm of rcfuM mmL 10 ib« m&nufiiclura of a pawni fuel, we AppeiKlix. EINC fRKACEBT heated by the previous operation, ignites th« charge which follows just in the same manner as was the case with the previously describpd fur- nace. The sole of the furnace » lis oval-shaped, llj feet wide, and 23j feet long, composed of a mass of clay 6 inches in thickness, which is spread out and stamped upon a layer of small stones^ t f, through the iatersticesof which itamoLSture can escape;. The foundation contains in the centre an empty qiace J) Dj which bein^ filled with earth or rubbish, forms the more immediate support of the sole. In the two small sides of the furnace, are the working apertures d d opposite each other, 2.8 feet wide, and 2 feet high, each of which is surround- ed by a frame of cast-iron fixed in the wall, in which the sliding-door ' P moves up or down. The latter is a kind of flat iron box, filled with, brickwork, and turned with the door side 1o the interior of the oven, in order the better to withstand the heat. In the middle of the door is a small aperture o, through which the workman can observe the progress of the operation. The frreatest distance hetwcrn the arch ancT the sole is in Oie middle, and amounts to 4 feet ; a small chimney H is there erected 1.6 feet in diameter, and 1.8 feet high. In the interior of the furnace, at // and ..?, the brickwork is composed of fire- proof materials, and clay is used instead of mortar ; cutude are com- mon stones, covered with a layer of mortar, which bns been sifted previously together with sand ; e are thresholds before the doors, for drawing the coke out with rakes, and are of stone or iron. As soon as the coke from the previous process has been removed, the furnace is again charged, without delay, with coal-dust, which must be kept moi.st, that it may easily cake together. If the coal cakes very much, the mass spread over the sole of the furnace must not exceed 8 inches in beight ; if it is less liable to cake, the deptb of the charge may he 10 inches: it must be uniformty spread out, and the doors then closed, with the exception of a narrow slit at the bottom for (he introduction of air. The furnace will contain from 60 to 70 cubic feet of coal. When the heat of the furnace begins to act upon the coal, which is quickly the case, aqueous vapor, sulphur, and combustible gases are copiously evolved. It has been found advan- tageous to prolong this stage of the process as much as possible, in order to Heciire a targe product of coke, and for this reason also, it is well to wet the coal-uust. Properly conducted, this port of the oiieration should occupy two hours, the slight draught being oidy just sulucient to carry oS* the vapors ; the evolution of vapor then rapidly diminishes, and the combustible gases passing ofl* in greater quantity suddenly ignite, with a kind of explosion ; the yellow smoke then ceases for a moment to be succeeded by a black cloud. At this stage, the mass of coal is at a low cherry red beat, and it becomes necessary to increase the draught in order to drive otT the whole of the vapors and volatile matter. To effect this, the door is raised about 3 inches: the fire immediately draws up, and a dusky, sooty flame issues from the chim- ney. After three quarters of an hour this becomes clearer and white, tbe heat is then uniform over the whole mass of coal, which begins to split and crack, and roust not be disturbed. In three quarters of an PRODUCE— NATURE 07 TUE COKE. ft hour more, these fissures have extended to the veiy sole of the furnace, and when the whole is at full red heat the door is closed, and the crerices filled with clav. The heat now generated is sufficient to complete the carboniTiation, and to drive ofTthe last portions of volatile matter. For a time the flame stUl Bickers, becoming whiter and whiter, at a considerable distance above the chimnej, but gradnally diminishes, threatening to die away altogether, because the evolution of gas from the interior has entirely ceased. If more time were lost, the air would, at last, enter by ihe chimney as the pressure diminishes, for which reason the cover is advanced more and more over the chim- ney, and at length completely closes it. That no heat may be lost, the coke ts now rcmoted as quickly as possible : the doors are opened without delay, the mass of coke broken up with staves, and raked into the barrows, sprinkled with water, partly to quench the fire more quickly, aud partly to decompose the remaiuing sulphur compounds, the presence of which are recognized by (he odor of the aqueous vapors arising from the glowing coke. The furnace then receives a fresh charge, and the same process continues uninterruptedly. Each operation requires about 24 hours, f Produce. — The method just described affords a larger produce than any other process of carbonization. The annual average, from observa- tions made at Rive i\v. flier, wa.s 09 per cent, coke ; with inferior coal aod less care, they always obtain not less than 60 to Gb per cent. ; whilst coal and pit-dust in the mound, only yield 45 to 50 per cent.; and in tbe heap, rich coal yields 40 to 45 per cent. Coal containing little hydrogen, of course, produces more, and indeed about \. Ge- neral experience has shown that the furnace produces denser cdte than the mound; and this, again, coke more dense than the heap; and yet Ihe coals in the two latter cases scarcely yield their own volume, whilst in the furnaces this increases in the ratio of 10: 12. Oo the other hand, the smelters find the coke Irom heaps and mounds much more free irom sulphur than that from the furnaces, which is generally, although not necessarily, the result of those processes hav- ing been used, which in other respects afford so many practical ad- vantages. JVetvTt of the Coke. — The product of this operation forms first a connected mass, but on cooHng, splits into a number of more or less similar pieces, sometimes in the form of basaltic columns, sometimes as irregular lumps with warty excrescences. Its structure is pormUf or finely oenrW^r: only highly caking coal forms large vesicles; in the first variety the color is a light iron gray with a silky lustre ; in the other it is blackish gray, and its lustre is fatty. A play of colors is said only to occur in coke that is rich in sulphur; it is by no means a desirable property. For the most part, the individual portions of the fibre-coal may be clistingiiishcd here anfi there in the mass itself; by carriage and heaping together, these portions split off, and cause ' Of walpkuiMwd hfdiogvn «nd Ki^ibuKXis Moid. t Tat addliionml m>lt«r ooocrming tola, ws Appendix. 78 ItBLATIVE VALUE OP FUEL. a waste of a ccrtaio per centnge. Coke, like charcoal, attracts mois* ture from the air, in damp weather as much as 30 per cent. In general it ik better oot to keep (he coke too long, as exposure to the weather caiisps it to Ijpcome soft anil crumble. lieladve Value of Fwl. — Common cverj'-day experience is sufficient to show thai diirerent kinds of fuel are by no means capable of pro- ducing a like amount of heat. It therefore becomes interesting and important to learn the methods which science has adopted for ascer- taining the maximum effect ofthe diHerent kinds offuel. The results obtained from these researches are called the theoretical effed. For ascertaining' this, the knowledge of two things is indispensable ; namely, the quantity of htai which a certain amount offuel is capable of producing, and the timt which is required for eflfecting that object. These two points furnish the idea of what is called heating power. The value of tliefael depends upon its heating power, and it.s price at the time of consumption ; it varies, therefore, in diUerent localities, and can only be relatively fixed. Strictly speaking, the determination of the first point (the quantity of heat) is impossible, as heat cannot be weighed or measured ; the quantity of heat, therefore, which a body produces during combustion, cannot itself be ascertained, but for practical purposes a knowledge of the absolute quantity is not required ; it is sufficient to know how much the quantity of heat produced by one kind of fuel exceeds or falls short of that produced by auolher, tlie actualquantilies produced by each, being left undeterminetl. In short, a knowledge of the relative quanti- ties of heat is all that is required, and for obtaining this, science offers several means. All researches of this hind, and undertaken Mrith this object, must only be considered as relative. The more ancient, purely physical experiments, undertaken by ttie most dtMinguisbed men of science, were all conducted upon the same principle, that of causing the whole quantity of heat (actually unknown} which a burning substance or fuel emits to act upon a third body, in order to compare the action which the different kinds respectively have upon it. The apparatus by which this is effected, is the well-known calorimeter. Lavoisier and Laplace caused the heat in this instrument to act upon ice, and measured the heat by the quantity of ice that was melted. At a later period, Count Uumford, to whom we are indebted for many experi- ments upon fuel, used water instead of ice, and measured the quantity of heat, by the increase of temperature iu a given quantity of water. Both methods of determination are in fact the same, if wc remember that the same quantity of heat which will melt I lb. of ice at SS*, is just sufficient, according to Lavoisier and Laplace, to raise the tempe- rature of as much water (1 lb.) 135° F. {lh° C.) ; or what is the same thing, to raise 0,75» lbs. of water ISO^F. (I0O='C.) When it is further taken into confuderation, that according to Clement and Desormes, an Tills numlwr they obminei) bb the mean of two clot<'nninsiions,wtiii;h wcr« 7.3 and 7ft. From Uir^ more trpctil and accurale exjiftrirnnitii of iln In I'lvvcwiayn nnd lIpMin, u wpU u from tlioM> of Rfigiiault, ii appcvi Uini ihb iiumbot muH bv raiwd to 7y. nciATIVX VALUK OP FUEL. equal weight of aqueous vapor, whaterer may be its temperature and lensioD, is always formed from one antl the same amount of heal, and consequently always contains the same quantity ; aad, moreover, that the quaotity of heat which water at 212'^ absorbs (latent heat) in a manner no longer indicated by the thermometer, in order to be con- verted into vapor, would, according to Clement and Dcsormes be 5,5, accotdinfF to Kumford 5,67, and by more recent experiments 5,72 times, sufficient to heat the same weight of water from 32"^ to 212^, it becomes easy to calculate how much water would be converted into vapor by the heat that is required to melt 1 lb. of ice. Thus the latent heal of vapor' (1030°), divided by the heat absorbed by melting ice (142^), give 7,2&; and conversely H2-^1030s=0.136 lbs. vaporized by the " heat of fluitliry" of 1 lb. of ice. Rumfbcd's erperiments oa wood led to the following resulti: OacpMBd of An fn1towtnikliiili»r wood when burn i will )m«I : 1. Linctrer w«od. Dry wood, 4 yttn old » " aliifhUy dried •• " Ktronglj- driwt 3. Bawb wood. Dij wood 4 Of 5 jtmn old " •• fUongly drivd 3. Elm wood. Wood ruher damp . " diiad, 4 o< 5 yctiri old " airooglydrivd " dlrird brown 4. Oak wocd. Cboinui flnhWDpd, in ttDall ttrav- taj» OM in Uiicker •hntring . " ibkk (ItBviiigf . ■ dfied in the ait . Piry dfy wood, in thiii «liavingi " " iliicker " 0. Ah wood. Cbmmon dry wood . Tlie mme diied io air, iliaviiic« Tte mnc, Bharinga ilnol in an ■SfSt 111.707 3 Mas 40.131 33.798 36.4 7S 38. 1 47 30.30$ 34.083 30.900 88.272 25. WO 34.748 S0.8I0 36.337 3O.fl40 33.720 35^9 Oae pimijit <if tlin tiilknrinK kiiulaof w-nDiI When toMii wiU beat: 0. Hyoinium wood. Scmngly dtied in nn oven 7. Wixxl of moiintitin n«h. StroniEly diied in an oveo Driad brawn .... 8. Wood of bird thmty. Urinl wood .... Suonflly dried in aa orcn Dried btowo .... 9. Fit wood (deal). Onlinaiy dry wood . WvlldriodiD ihe air.in Savings WeU dried initnovci), initiavmifs Wtill drJMl brown, in iluivings W«ll dried, in thick ■haTJngs . 10. Poplar wood. Wood dyiod in tUa ordiciuy man- ner Wood •troDsly dnod in an own 11. noralieam. Dried wood (ordioaiy) . 36.117 30.130 33.337 33.339 3Q.B0I 34.738 34.000 37,379 33.338 38.«93 34.001 37.101 31.704 A most remartable connection between the quantities of heat erolved, and the chemical process of combustion, was first pointed out by Welter in the calori metrical experiments of Laplace, Lavoi- sier, Cespretz, Rumford, and others, and ^ve rise to a new and more convenient method of determining the heating power. He found, namely. Chat those quantities of a combustible body which require an ■ By oui own x(i«Timents, the InWvi hwil of the vapor of wiiw li l030Pah. (Sm Sepon on tlw " Scran^pti ol materiali for itcam-boil«r,' pp. 44-9,)— An. Ea. 80 BELATIVX TAtUE OF FVEL. equal amount of oxy^n for combustion, evolve also equal quantities of heat, as is shown by the following examples: Iftoimd will heat \|MiiLn4» at wa- IcT ftooi ap> la ait» 1 ppuni) of oiysvn in nnuuaiinic will iwu poandi of wa- Cbuaml Quite 4ir wood 930.4 DnpMit 78.15 • i3.Ul Bumford ai3& ponnda 0376 " 0.7'M •• 3.UM ^1 In the greater number of combustible bodies, (he difTerences mrt-' not greater than might be anticipated from the difficulties attending all calori metrical researches, whilsr in oJhers, as phosphorus, iron, &c., they are twice as great. Thus far Welter drew the conclusion, that the oxygen required for the combustion of a body beinf in the same relation, and as the quantity of heat evolved, it could reasonably be made the measure of the healing iiowcr. In feet, we are led a priorit to this supposition, if we consider, thai on the one hand, the heat evolved must bear some relation to the mass of the body burnt; on the other hand, however, that oxygen may just as well be con- sidered the combustible portion, as the body with which it combines (the fuel). When, therefore, oxygen bums by means of carbon, wood, hydrofjen, &c., the heat which is evolved must increase with the quantity of it that is consumed ; the supposition of Welter has not, however, obtained any positive proof. Nevertheless, Berthier has founded a practical process upon it, to determine by one experiment the quantity of oxygen requisite for combuslion, and thus the heatinr power of the combustible. It consists in heating to redness aweigbea quantity of the combustible with a large excess of pure litharge until the combustible is completely consumed by the oxygen of the oxide of lead as it would be by that of the air. Every equivalent of oxygen that is used, leaves an equivalent of reduced metallic lead. We have, therefore, only lo weigh the metallic lead in order to discover the amount of oxygen consumed and the heating power, always sup- posing, that the object in view is merely a comparison of the relative powers of the diflerenl kinds of fuel. If, however, it is required to ascertain the quantity of water heated up to 212'^ F., it becomes necessary to refer to the Icnown calorimetric power of a single cotn- bustible body. Carbon is usually chosen, which is then made the standard of comparison. Now 1 part of pure carbon requires 2,666 parts of oxygen, which taken from litharge, leave 34,5 parts of metallic lead; the same quantity of carbon, according to Despretz, is sufficient to beat 78,16 parts of water from 32° to 212°; so ihat each part of lead that is reduced by an experiment with any land of fuel, corresponds to— J — = 2,265 parts of water, which will be raised 34,6 by its means from 32° to 212°. An elementary analysis, in which any substance is completely consumed — its carbon being converted into carbonic acid and its hydrogen into water — is a means of calcu- KKLATlVe VALOK OP FUKL. 81 latiog with greater accuracy the requisite quantity of oxygen for oom- faustioQ and the consequent heRting power.* As 1 part of carbon takes up 2,666, and ] part of hydrogen takes treble that quantity, namely 8 parts of oxygen, we have only to deduct from the sum of both, the quantity actually present in the combustible, in order to ascertain the quantity rurniahed from without, and that becomes the measure of the beating power; «. g., in oak-wood there are; 0,4943 parts carbon, and U,0607 hydrogen, which would give 0,4943 X 2,666 + 0.0607 x 8 = 1,318 + 0,485 = 1,803. If the oxygen in the oak-wood, viz. 0,445, is deducted from that quantity, we obtain 1,803 — 0,445 == 1,358 as the amount of oxygen required, corresponding to 17»57 of lead or 39,8 of water, which would be faeatwl to 212^ by 1 part of oak-wood. All the ele* mentary analyses cited above, are therefore so many determinations of heating powers, and are here placed by the side of direct experi- ments made upon Berthier's plan, partly by himself, partly by Wink- ler, Ksrmarsch, and others. I. i>u>'FjiKNT icirrns or wood. ScUMIm aari Patenon. ooavkUtr I Ot. bib. I In C. P. av. ilmt itie a#e#fniiMiicit» mmdi< wirti liiiuuKe ■» Iwbk lo « conMuit prrw, iraU am »iwmj» (»bpui ;tb) ckon of Ui« tniUi. [So bebw (p. S6), T«bto of expviiiMKiU on AiimicM a»l«. InWjB iBductioci and uliijnue KuaJytu, ooopand with cnponiire powers AM. 1-S. J I A». E..] 82 HeL&TlVE VALUE OF FUEL. n. CBAKCO&L. Poiutd* of lead mlucnl bv on* lb of SSS M ■3 la §■=- £■85 Winkler. Commercial BnoloMd in bonlniinnwM <fiM»l)rKft«r being maUe. ' PopUi cteiWMl lijrcunon " A«ti " 'Pir Alder - Bireb " Oak ■• Bo«h " Elm LimetTM " Willow " Pine Scoubflt - 30.80 30.60 aff.eo S9.S 31.3 38.4 31.4 31.3 On an average «a. On an nvprngB n. 33,56 33,33 33.33 33,S1 33.1! 33.14 33.37 33.26 .T2.79 33^9 33.93 33.62 I S 9 in. TAklETIES OF PEAT. bMftbty. BcrilUEr. Is SSI ill tooltt^ WinklK. If •CA Mi Hewl froin Ttoycg ■ Hnm. <lp, de la Sommc . Bossy, tt^p. Ac la Manie . Pmmoni, d^p. de> ViM\|[e locfaoux. iMp. dM Landee Kiinigibrunn, Wiiie rubers 8.U 13.3 13.0 16.4 16.3 14.3 18.1 37.0 39.3 34.g 34.a 32.4 Among 24 mrti from tbo liutz taoaa- Uins, the want ![■»« .... " - ihr hp»i . 11.9 IS.S 9S.» 43.4 Prom .\Uen in Inland " " uppw " ■■ lower " proMod peai GTiffllh. 87.7 fl«.7 25.n se.6 13.7 38J) I Karmarsch found, in an extended examination of more that 100 Tarielies of Hanoverian peat, a considerable difference amongst the indiTtdual kinds, which could not be definitely traced to their age or other properties, but with reference to age, the following mean values were obtaiaed: 1. Recent peat. a. Yellow grass peat evaporated per lb. 1.78 lbs. of water, and b. Grown and black peat, 2.03 lbs. of water. 2. Old peat. Q, Earthy peat, 1.98 lbs., and IPH RELATIviTALcS^PPrTL^^^^^^^^^^^^^B 6. Pitch peat, 2.08 lbs. of water . In general, thn quantity of water ^H ■ vaporized by 1 lb. , ranged between 241 on. vrith the worst, and 36} ^M 1 oz. with the best kind. ■ 1 IV. PEAT CUABCOAL. ^M ^ Bctribwr BaHhiar. ^^M i» iB% 4^ ^M ^^v •a-O iu^ '-^ i ^B B Soarse. CT— -J Bonrec- ■ "a :l;s W in H m It'' ^ 1"" 1 o >.£ «' s Crouy-»ur-OiiToq, de- part. Seino and ftuuns 17.7 40.1 Eaaona, tuacl) ucd in Paris . 23.4 ^^H — H«n . 184 41.7 FramoTit, rmd pern ^^^^H • ftom Cluunp du feu 36.0 ^^^1 ▼. BKOWM COAL. ^^^\| Lvnlitr^ Berthler LoEaUly. BenUer. ^^\| lit m CMS Hi W III 111 1 G«ineio(lB Dnufihii), ^^^1 fiawea AI\|)C» . . 35J 9TJ Sl Lon, Bmbw P]ri9> ^^^^1 Sl ItUnin dc Vuid, ima 903 48.r> ^^^1 Otiiton do Tuiil . 33^ SU Val-Pinoau,D/Saithe 19.39 ^^H MiAotme. dcp. d« ComiDon G«rTiMn ia.40 ^^H I'Awle .... 39.8 6tJ6 EdlMi,dcp.dglRCha- ^^^^H Gkidamu;, Baucbes t7.0 38.9 ^^H dnKUlae . . . 23.0 49.8 Alph^iii, Giveeo . , 1«J) ^^H Ftormn 81.0 47.6 Triptiilifl - . . 19.3 ^^H Enfanl Xkat . . . S1.0 47.8 Kiuni " . . 153 38.8 ^^H Koep PtMuoh, Lalcv Elbogso, Bubeniia . 18.3 41.3 ^H of Zuid) . . . sa7 UJi ^^^H EOhocn. RegnautL ^^^^\| Eardty ooal from Dai 91.38 63.6 .^^H Mekmer , . . 90,1 M.0 (t Bouclwi ^^^^^H PUak oetitmai Ucm- du RbAne 18.89 ^^H nu 13.9 49.0 lomt Alp> 19.69 ^^H « KingkuM . 1S.9 495 •" Graeoe . . 17.84 ^^H " HiilitchtEWittd lft.0 46.9 " Colognfi . . 1&94 ^^H Gbnee <xm\ itim « UMIBch . . 1A.90 46.6 ^^^M Bbq^iOil . . . lU MS PtiDh eoil ftom Ha- ^^^^1 MnhUwakl . . . 19.0 43.4 Vamnunpp. ^^^^H Lowest auvntm RUig- ^^^^H ktild 19.0 43.6 ^^^^^1 Mid. Mim. Bk«kiiti\| . 19.1) 43.9 Helin«edl,PrinzWa- ^^^^1 SoUMnpst ookI 14.1. 4IJ h«lm's minoA . . 20,17 ^^^1 Lignite amn UfUk> " oilier tniniM 21.83 ^^^H lUI 14.7 43.1 SuliJiinngDn, Gr. Traua 18.7« ^^H ■* Laubwtb 17. S 91.3 " othei minoi 1.8.60 ^^H [ S4 ^^^^^ RELATIVE VALUE OP PUEL. ^^^^^^H If TI. HINERAL COAL. ^^^^H ^^^^^^ tjocilitj and kind of Brr&iet l^talriy noi! kind of B«rtlii«r. "^^M ^ ►- A ^ i -a S .« — •r 1 s a ^^^^^^_^ Is 1% coat ?* ^P 1^ r ii- an OS i 0 s \|l ^ i ^^a a < i i^ H ^^H Treilil miiiff, near Sl ^H ^^^^P 0. (Uing ooal. Etionno Bclloatni, Auilc, lO ralleil 2S.4 S7.S ^^1 CmI Aom Dowlais in Jnfci .... 24.4 SS.3 ^^^^^1 WkIm 31.8 Tax) Jtyel (tmknowD locKlit/) 23.3 S3.8 ^^^H Gliijmi>r\|[>n • • 31.S 70.7 ^^H Kw^tiwiUf^, near Aix<lB> &. Snus coal. ^^^M CUiKlIc . 31^ 70.3 09.7 ^^H l.i]i\|io>Sr-hnum burif 30.y 7U.0 80.0 Chtnj ooal, Derbyshire 273 61.6 ^^H Nowcullo 30.9 70J) 71.& Sort cuaL . " . 24.3 50.5 ^^^^^H Otrmcvu near Alby 30.1 68.3 Oviv^u in AsluiiB . 3Q.I 59.1 ^^^^^1 Rivr <ln (lior, Granil Cann«l coal frnni Glugow 24.9 56.4 ^^^^^1 Ctoix 29.6 67.0 7S.0 Sl Omtgc* ili LavDDiM, ^^H Mot), Bouleau-Foonine- Aveyrcn 24.0 M.S ^^H Uadiun« . 39.0 65.7 CnniMl coal from Lwkxu ^^H Cbiiotl dorI, Wignn . 38.3 04.1 76.0 •bin .... 93.$ 33JI ^^H Uoni, Grnnd GnUlot 28.1 (i3.ft Ombrowa, Silesia . 31.S 48J> ^^H Bochcbrllc!, ni^«r Altus . 27,0 0'J.& 7&.7 Snliti, Juts 11.0 47.5 ^^1 UotXtHvll. Allimioc pit 2T,4 M.l VnxBf, Slavunia 19.4 43.9 ^^1 33.3 27AJ <il.tj OLl c. Sand coaL ] St. Pierw la Cour, near Durliun 31.0 71.6 ^^H Ma)renno . 47.0 ei.i Rolduc^ neat Ais-ta^a- ^^H Epinni^.Sndnciiciil Loire a6.8 60.7 72.8 pnllc .... 31.0 70.2 80 ^H Fiuoi OtiflJy in Anuria 2C.1 59.1 Ziiwwayet.iieai Offeobeig 8a.2 50.3 ■ r VU. COSE. ^H ^^^^^^^^_ Spt-stu »r ke Benhirt. ^^^1 lb«. oriesi! nidutiKl tiy 1 Iti or colu. Ibi. orwRler heaud IV«in ^^H ^e M itiv liy 1 lb. oT ^H ^^^^F ^^1 ^B A Im Gsrre. from co«l of S L Etienne 3S.S 6S.4 ^1 H From (WBl of BeSB^itcei ■ . . 28.4 64.3 ^H ■ - - Rim Oe Gin ... 36j0 SB.9 ^H ^m Gas coke fkmi Parii 32.2 dOJ J 1 RELATIVE VALUE OF FOEL. 85 Tin. AtrraBACiTR. I Bcnluet. LocMhtr- lb, oflaad mliirixlllhiL-orn-airthpawJ thft. of WHifr oc- hy 1 lb. o( uithtB- I'Tcirii 3!t' 111 tVi^ bf eurdiii)( u ana- ClM. L lb. of uithra«ii«. IrK. AtHhmcile Ihmi Ijamara, neai GMDobte 31.6 71^ 72.8 30.3 09.1 7&.e "'««•■— [I: SSSr: : 33.0 2«.8 7.T 60^ Frofn Cottmni^ in Sanqr . 23.7 60.5 . [Kor complele combusllon, acconling to calculation from analysis, ana experiments with lead, anthracite requires l.'JB cubic feet of air per lb. ; in practice under steam boilers, 276 cubic feet are necessary ; natural coke of Va. by lead trinls, takes 140, and by steam boiler trials 257 C. F.; free burning bituminous coals, by lead, 126, and under steam boiler 250 ; highly bituminous coals, by lead, 115, under boiler 258; Cannel coals, by lead reduction, 106, and under boiler 224 C.F. In all ordinary combustions, therefore, about one-half the oxygen of the air escapes combusibn. The action of blast furnaces, where the air traverses a high body of fuel, constitutes an exception to this rule. The above computations are for a temperature of 00° Fah., at which I cubic foot of air weighs 0,07575 lb. avoirdupois. On the rdotire reductive poicers of diffrrent clastts of American coalt^ 03 demtmsirated by the erpcriintiits with oxide of lead. — By a reference to the report on American coals already cited, it will be found that the method of Hertbier was extensively apdied, and that the results were compared with a similar series made on French coals by M. Baudin, The general result of experiiuents on 37 varieties of coal, tested after this manner, is exhibited in the rollowing table, by collect- ing into one view the four average results derived from the several classes of coals. The mean ratio oS fxed to volatile combustible matter o( each class, is added, affording the means of judging in what manoer the volatile constituents atTect the reductive power. The weight of oxygen given up by the lead, reduced by 1 part of combus* tible matter in the coal assayed, is calculated from the known compo- sition of litharge* Had the combustible matter been pure carbon, and (he product only carbonic acid, the oxygen would have been 2.66 parta io 1 of combustible. Tliis, it will be seen, is approached by the an* Ihracites, but is farther and farther receded from by the bituminous coals, in proportion as their bituminousness increases. The French anthracites had obviously a much larger proportion of vo- latile matter than the American. They correspond in this respect very nearly with the " natural coke" of Virginia, of which the ratio of fixed to volatile combustible is 6.269 : 1. Tlie average result in lead ob- tained by M. Bandin for the four classes of coals is about 2.2 per cent, higher than that given by the trials of analogous classes of American coals. These results may farther be compared with those of M. 86 TIHB REQUIRED BT PDEL Bertbier, above given, and the practical xt cam-producing value of the coals, which be tested by litharge, may tbence be inferred. .dvimgt FM/wter pMMn ef Amtnooti. and /onigm oaait, tu Uit€d iy Uthargt. 9 IL 10 8 1. C«AL« AMATIO AT WtaulltDTOK. 7 Pnnnsylvftnui MiUuxdte* nnd 1 Hunpb of luttunil cdUq or Virsinta . \| 10,S37 Mnrylmiil nni9 l'cnn«]rlraiuB fre« burnin{ nxi]( ...... Vinnniti tkiiuiDLiioiu cwils . Fnrngn atid wAtleni htghljr Ulaminou* ooii* I!, FmuiCB eUALB AMlTKtl BT M. BAeMS. Fri'ticli uitlifBi-iie^ U: Cbatbonnier, Mi-swix. iind Chainbtotl . 2 ftm-buiniiiK ixalB of La CoinbrLlp. iirii] 1 of Lo» Bntilie (tinrnijiri' ilit 3 pi'iU) Bitiifiimo'iiii ninla of Laiigmc, ClmmiilBii, BR(J Mndic ..... HiKhly biniininous coals of Amrornat, Hint, ■ad Bert .... 10.877 0.023 S.7H> a3.517 31.736 3«.194 27.740 33.520 33.040 29.830 S7.SBS 33,801 4.90S 1.9&S 6.SGQ 3.4T7 1.440 sjtioa 3.4409 8.17fl5 9.t413 3.S679 3.4734 3.3028 2.1395] htjbience of the time required byjuet to emit its Aeo/.— -The num^ bers which have been cited, and which express the relative quantities of heat given ofT by ditr^renl kinds of fuel, appear at ihe outset 1o be in distinct contradiction to daily experience. The greatest quantity of beat, for iostance, is obtained from the hard kinds of wood, and yet tbe experiments place lime- wood and the softer species, the foremost in the table. The accurate analyses of Schddler and Peterson explain in a satisfactory manner the observations derived from practical ex- perience; they show, namely, that ahhowgh pure woody fibre con- tains just the amount of hydrogen requisite for producing water with the oxygen, in ihe proportion, Therefore, of I : 8, yet ihe woods them- selves contain a larger proportion, and this excess of hydrogen varies in the different kinds, and thus becomes an object of importance (o determine. Thu«ihe 44.5 parts oxygen in oak-wood, must have— ^ 8 = 5,562 parts of hydrogen to form water; the wood contains, how- ever, G,07 per cent., an excess, therefore, o( 6.07 — 5.562 = 0.508 per cent., or in 1000 parts 5.03. In like manner, we fmd hydrogen in excess in the following woods. In 1000 parts. to BMIf ITS HEAT. BT Exe«i of hyilfogm. Ei««Mof hrilro\|t«D. Excew of li)r4fDsea. \| Ezcm* of hrdnitm. (hik-wcoil i . 6.08 . 505 . 8.30 BmcIi wood . 6^0 Birch . . , 7.50 Poplaiwood S4iO Lime-wood 13.90 DmI . . . 9.30 F^n« wood . B.80 Si»wh-iU . "J.TO Urch . . 6.00 This excess of hydrogen* od heating the wood, will give rise to the formation of ^seoiis hydro- carbons, and as these carry away a con- siderable portion of carbon, the residue of charcoal will bedimini.^hcd. It is principally these gases and vapors which burn so readily, and produce (he flaroe. The lighter kinds of wood are, therefore, chemi- cally characterized by a larger excess of hydrogen, which causes the first stage of their combustion {eombustio7t mihjtame) to be augmented Ht the expense of the second — the incandescence of the charcoal; they consequently generally burn with greater facility, or, what is the same thing, they evolve their hent in. a shorter space of lirru than the hard woods ; this property may very properly be called that of greater com- btutUnlity. The time reqnired for combustion, and consequently for the evolution of heat, is also dependent upon the state of division, or the size of the logs, charcoal lumps, or peat bricks, &.C., in which they are exposed to the fire. A certain weight of wood, for example, exposed in fine diavings, will come vastly more in contact with the consuming air, than woen it is in the form of a single compact piece. In the former case, many more portions of the wockI would burn simultaneously than in the latter, and the evolution of heat would be over in a compara- tirely small space of time. Whilst the compact lump is slowly con- sumed, and is capable of keeping the surrounding parts (the sides of the furnace) at a moderate temperature for hours, the shavings would for a few minutes bring it to a red heat. This circumstance is prac- tically of much importance. As surely as the combustibility (the quan- tity which is consumed within a given time) is increased at first by division, so surely, if that division be carried beyond a certain limit, does it act in an opposite manner, until the combustibility is com- pletely destroyed. Charcoal powder, saw^iust, crushed coal of the best quality, powdered peat, &c., cease to be combnatible bodies, because, whale%'er kind of grate may be used, the small particles lie 80 close together as to leave no space for the access of air; in this state, they are valueless. Caking coal only, can be converted from this state into compact coke, anamade available. Fuel that falls to pieces when exposed to heat without caking again, is also subject to this evil. Pulverulent waste from pfaf, wood-charcoal, and pit-coal, is sometimes made available by mixing it with as much softened clay as is necessar)' to make il cohere, forming it into bricks, drj'ing, and Inciting it as an inferior fuel, under the name of briquettes, or com- Inuti^ bricks. The pit refuse from caking-coal may be employed in the same manner, as a means of etfecling cohesion. One part of Bmithy-refuse from St. Dieime, is capable of forming a compact coke wtih from 2 to 3 parts of brown-coal; each shovelfull of this mixture CONCLnDlRC ItEMAItSS. tliTOwn upon the fire, forms in a few minutes a compact lump, vhtch burns as well as larc^ coal.* Concludtjig Remarks. — As corobinaiions of organic origin, the kinds of fuei which have here been describeil, are not very simple in con- stitution, and therefore ofTer but slight resistance to external mMlifying causes, t. e., th'ey are easily decomposable bodies. Chemical com- binations generally can only exist within the limits of certain tempe- ratures, these limits being greater for simple than for complex bodies. The varieties of fuel are not volatile; the chemical equilibrium amongst their elements is destroyt^tl on an increase of temperature long before their volatilization can be effected. The decomposition caused by heat, is nothing more than an overthrow of the existing arrangement of the elements, as, for instance, in wood, and an immediate re-nrrangement with the formation of new compounds capable of existing at the liiglier temperature. The nature of the products is, therefore, mainly dependent upon the latter; at different temperatures of decomposition, these cannot be the same; and they must vary in quantity still more than in quality; but the resnlt 'will be essentially different, according as air (oxygen) takes part in, or is excluded from, the process. In the former case, the products are im- mediately subjected to the energetic chemical action of oxygen, and forced (o part uitb their elements ; combustion results, therefore, as a secondary process. In the latter case, where dec«mposilion hy heat is effected without access of air, we have what is called in chemistry, dry distillation, in which operation the products can be conveniently collected and studied, and this demands particular attention, because upon it are founded important transformations of certain species of From all that has been said about the nature of fuel, it is eW^H dent that the "invention" of any new kind must be absurd; any such can only be a preparation of refuse coal of some kind, which, nevertheless, may be better fitted for some uses than the natu- ral material. If the aovanlages of the so-called Carboleine, lately discovered by Weschnaekoff, (a mixture of small coal, and probably refuse fat,) and so highly extolled, prove to be well-grounded, its higher price, as compared with pit-coal, will be fully compensated hy its more concentrated heating power, and prove of advantage to steam navigation. All ihe experiments which have been adduced, give the comparative quantities of heat which can possibly be obtained from (he fuel, ex- * The objcoiion duiiMt in ihv text to the use of hai fai a Mate of powdpT. htu teen ennpleuly removed in [imciice in kWiu wotlu, hoilnr Stat, fan bf eoTonnc the MitRc« of the ([inlr witb lunifi* of Muitlaioiic, Unioioue, tai.. ifaorubf pn<«Diiting lh« powder lulling ttiruugl) like Knite«, anil vpicmtin^ ihv tuppiy of air il>rou){li the pnnjoloi of ibe liift lyiriK on ihCM^ lumps.— T. R. An(lincit« iluM it «xtM<aitet}' tiieal iifiH«T vienm boiWi anil for other nvftil pomWM^ JIt QOnbiUlion brinit \iv\n up by forcinn lir ihroiiKh it wiUi . powcrAil 6a\ biftst li hu iilw twcn M>nT«itC[l ii^io oomtnittiUc (itk-lB wiili eoai Uc4iuut pn works, imd lued in THt APPUCATIOK OF HUT. t pKflsed ID quantities of water beatetl, or of steam geDeniled. Thrjr, tberebre, express tbe greatest amount of heal whid tbewcan aAird. If tbe quantitT of beat actually obtaiaed in practice, and made avail- able, accoTxiing to tbe present state of our arts and manufactures, be placed in comparison witb this, we sliall iiad that it is exceedingly small. A considerable portion of tbe beat, therefore, whicJi is dormant in tbe fuel, is either not evolved in practice, or is Io5C, and not made available. Both ca^es occur; but that we ma)- better perceive the sources of this loss, it will first be necessarrtoobtain a knowledge of tbe principles upoo which the application of heat depends. Of the Apfiication of Heat. — The application of fuel to practical purposes is called heating, and the object of it is (o evolve the heat from the fuel as completely as [Mxssible in suitable arrangeraenls (stoves, fires, &c.), and to conduct it, without loss, to the purpose it is intended to serve. This latter is either pureljr industrial, in as much as the heat evolved is made to aid tbe conversion of raw material into the objects we stand in need of — all fusing, melting, boiling, roasting, forging operations belong here — or it is one of daily occurrence, namely, the heating of those spaces which we inhabit during the cold season, the htaimg of dwelluigs. As tbe other cases will be more fiilly treated of in describing tbi.' various arts and manu factures, we shall first consider the heating of rooms exclusively. Tbe chief object of beating is, to maintain, b^- means of fuel, tbe air contained in the room at a temperature required bv our physical wants, and lo preserve its temperature above that ot the ookl air without. It happens, however, that the power of air to transfer or conduct tbe beat which it hns received through its mass, is very smalt, and any quantity of air would be heated witb diflictilty and ver}- slowly, if a current were not produced in it at the beginning, which must be considereil (he chief disseminator of the beat. Tbe layer of air im- mediately in connection with the heated medium, (the s'uics of the stove,) undergoes, as soon as its temperature is raised, an increase of volume, and consequent diminution of weight ; it is, therefore, imme- diately forced from its position by colder air, and is compelled to betake itself to the higher regions. The previously colder air under- goes the same motion, and so on, until, at length, the whole quantity of air in the room, in the course of this current, has come into contact with the healed surface. The velocity of such a current is, therefore, dependent upon the extent of the heating surface in general, and upon the diflerence of temperature between it aud the heated room, or, what is the same thing, between the Rurface of tbe .stove and tbe cold air; it is not, however, in direct proiwrtion with it, but is in the ratio of the square root. If the air in the room, for example, is 69° Fah.) and the surface of tbe stove at one time 176'^, and at another 112°, tbe current in tbe latter case will be , P^ ^ ^^ . -i_ ' \212— 59 1.14 more rapid. Lastly, as heat from any source is communicated by radiation, as well as by conduction, the more distant layers of air 90 TBB APPLICATION OP HEAT. become 'n-armed in this manner, and carried ap by the current. Iti'^ (his manner, the heating of rooms would be a ver}- easy matter, and would be ejected quickly, and at small cost of fuel, if several cir-* cumslances did not occur vrhich cannot be avoided, and by which a constant withdrawn! of heat, and loss of heated air,aregoingon. First, the walls of the room, the windows, and doors, will constantly take up heat, ntid evolve it again externally; secondly, the air in the interior being warmer and lighter, wilt not be in equilibrium with the external air; all crevices, therefore, in windows and doors, and parliculartjB the opening of these, will allow cold air to stream in from below, whilst hot air passes out above; lastly, it is absolutely necessary that the air which has passed through Ibe lungs and the skin should be replaced, in other words, that rooms should be ventilnted. According to Muake's estimate, the loss, after deducting what is necessary for ventilation, amounts in 12 hours to 5 times, and according to another estimate, to 6 times the quantity of heat that is required to heat the air of a room of ordinary dimensions, 36^ Fah. In individual cases, this quantity must always viuy, and be expressly determined. This loss is partly compeitsated by the vital heat of the persons present in the room, as also by the lamps and candles which are burnt ; but it ia certain, that Ibe greater part of the fuel is not consumed for the pur- pose of beating the air of the room, but in order to make up for the constant loss which we have noticed. Proper arrangements, for instance, double windows and doors, which enclose a stagnating layer of air, materially lissi-n the loss of heat. During the lime that a door is open, the warm air will stream out from above, and the cold will enter from below ; and this will take place the more rapidly, the greateCj the difference of temperature between the two. Hence it is very advantageous to allow the doors to open upoi warmed ante-rooms. It must, of course, be understood, that no state ments can be generally applicable to all localities. The amount of loss may, however, be empirically found in every case, by ascertaining bow much the temperature of a room sinks in a given time aAer the extinction of the iire. Heating the air in the manner described, w^h always eflected by one arrangement, in which the combustion of tbit^\| fuel, and the conduction of heat are combined. The manifold forms and shapes which are given io these arrangements, do net prevent our distiDguisbing three distinct parts : the s-pace in which the com- bustion lakes place; the space in which the heat exerts its influence^ and, lastly, the chimney, which is partly necessary to create ihd draught of air, and partly to carry oflT the products of combustionj The two primary conditions which every arrangement must satisfy^ are, the maintenance of a temperature capable of consuming tbe material, and the supply of air (oxygen) necessary for combustion. A want of either the one or the other, is invariably attended wit imperfect combustion, and consequent defective evolution of heat, circumstance which can never be altogether remedied in practice. The air that is required for combustion is sometimes supplied, as ti metallurgicprocesses, by machines fgr that purpose; but in most CG THE APPLICATION OF BEAT. « as in room-sloves, kitchen -ntnges, boiler- furnaces, &c., the heat itself \a used M a means of supplying the Bre-place with air; this is done by chimneys, which are essentially nothing- more than a chaooel lead- ing to a certain height above the fire-place, the diameter of which, whateTer may be its form, must correspond, uitliin certain limits, with the size of the fire, and communicate freely, above and below, with the air. The column of air which oecupios the interior of the chimDey, is kept in equilibrium by a column of equal magnitude without ; a stale of things which cesses, however, as soon as the fire begins to warm the internal colnmn, expanding it, and rendering it lignter. The equilibrium is then destroyed, the external air enters the space left vacant by the ascending inner colnmn, is again heated in its turn, and gives place to another quantity of coW air, and so on; in short, a draught is created which lasts during the whole time of combustion. The superior gravity of the externtil air increases and diminishes with the height of the chimney, and its temperature. We know that air is expanded jl.th of its volume for ever^ additional I'^C. of temperature, or ,J)d part oy every degree Fahrenheit;* in a chan- nel of equable diameter, this may be measured directly by the height. If A represent the height of the chimney, t the difference of tem- perature between the external and internal column of air, we have h jsH" — An 7HT ) ™ ^'' ^ ^^^ height of the internal column 493 \ 493 / of air, supposing it to hare the temperature of that without. The former i^ therefore, shorterlhao the other byA — A',orA — Am __\»Ai 3 diflerence of height through which this must pass in order to enter the chimney. The velocity which it has acquired at the end of its descent, is just that with which the air in the chimney is moving, and according to the law of falling bodies, just double that of the ac- celeration gained during tlie descent. t For the present case, in which 2 lgJl_L as the velocity which f M -—, , we have therefore, c ~ 2 I g " ^ must obtain according to theory. The formula, however, is based apoo assumed conditions, which are never actually present in practice, and experience has shown that the real velocity in a chimney, on ac- count of irregularity in the walls, and retarded Oow of air through grate and fuel, as well aa on account of the altered chemical nature of the latter, &c,, remains so far behind the theoretical calculations, that the latter cannot be made use of to ascertain its real value. lliese circumstances may partly be made the subject of calculation, * Thii w aooording ta Uh doterminatioiu of Rwlb«ig, BvgoMilt & Mftgnuft^ — Ax. E», j- If c nprcMnt tibe tpuv vhii-ti i> traveiMxt by a body falling ftwljr in « oecondi te tMW I. and C the Kei\|aind valociiy, w« obuun t^2 gt. Aiul faecanua th* tfweo bBiwasd iB ptO\|M)rtiaHil id ifa* •qnara of llw lino occupied, or t^gC, it ft>U(>iira tbu , and li«n«e c B 3 ; /Tae) 92 THE APPLtCATtOH OF HEAT. SO far at least as is necessary to understand the mode of their action. The friction vhich the current of air suffers against the inner side* ofj the chimney, is aa olislacJe of some importance ; the force of the cur- rent coming in contact wilhthc rough sidt-s, ispiirtially broken, and this must increase with the number of the irregularities ; i. e., with the height of the chimney and (he force with which the reverberation occurs, or with the velocity of the current, and depends, lastly, upon the nature of the material composing the chimney. Common brick- work covered with mortar, oilers much more resistance than cast or sheet iron. A narrow chimney, under the same circumstances, will act more unfavorably than a wide one, as iu tlic latter the greater portion of the column of air will pass through the centre of the chim- ney, and not touch the sides. In a very narrow channel, everj' par- ticle of air will come in contact witli the side. The friction, therefore, generally decreases with the increase in diameter. The actual velocity of (he current has been found considerably under what it should be, according lo calculation, even when those influences which have been mentioned, and the amount of which has been determined by experi- ment, are taken into consideration. This is explained by adventitious circumstances, as the want of regularity in supplying fuel, accumula- tiou of soot, stoppage of the grate by asli, &c., which always occur more or less in practical manipulation. As the increase of diameter and of temperature in the chimney are means of partially decrea&ing the friction, it becomes interesting to know how far these can be practically applied. It is clear, from what has already been said, that the disadvantages accompanying the heightening of the chimney may be avoided by widening at the same time ; but calculation proves that this must cease when the height of the (round) clitinney exceeds the diameter 30 or 40 times, therefore, very soon. By an ingenious contrivance, these narrow limits have been exceeded. The contrivance is thi!>; the mouth of the chimney remaining of the same size, the remainder uf its length is very much widened; thus the necessary quantity of air passes tnrough the grate and the fuel with the same velocity as before — and this is the real object of the draught — but spreads itself out afterwards in the wider channel, flowing, consequently, with less velocity and proportionally diminished friction. Calculation shows the greatest advantage to be obtained, when the mouth is ^ih the width of the chimney; for it U obvious, that, with an increase of width, llie mass of brickwork, and with it the amount of cooling which it occasions, must trtm increase. There will, therefore, be one point, where the advantage of di- minished friction will be counterbalanced by the disadvantage of cooling. The principle upon which the construction of chimneys is based, supposes the draucht to increase in proportion as the tempera- ture of the interior exceeds that of the outer atmosphere ; this, however, occurs in a less proportion (in the ratio of the square root) than the increase of temperature ; so that above 4SU° Fab., no increase of draught is obtained, when the height of the chimney is 20 times its H£aT1!(G AILRAXCEMCITTS. M I brradlh. When one portion of (he rkimofj is horinntal, do gmtl dlScnocc IB its action is fibs^ rrable, if the eotirr li«ig1it is not di- nUaisbed by it ; bnt the fiiction aad cooling effect are sofDewhat increased. All conlraciions abo%'e the mouth musi, however, be cjire- fulljF aroided. Lastlr, it ts vortby of remailc, that ike wind generally exefis « retarding indueoce, which is difficalt to orerpame ; ibis can oolrbeeBectedbybetghteningihechimneTand increasing the draught, or oj adapting some arraiii;ement to the mouth so as to prerrat ike presBDre of the wind from acting below a certain hfighi. The iDOSt important part of the fire-place is the support for the fad, inasmacb a£ Ibis is open Id alTonl access for the air; It is called the grate. The spaces between the bars of the graic should be wide eooagb lo allow the ash to fall through, and at the same time nanov ewragb lo keep back the coal; ihey form togeihrr the entrance to tke cbiiooe^'. The form of the bars and ibeir distance from each other have, consequently, a considerable influence upon the draught. The section of the bars must be such as to allow the spaces lo be wider on the lower side; and strictly* they should together form an opening which is to the diameter of the rhimney as 1 10 4, such ■ relation having been shown to be practically the best. But a gr«at part of the surface of the grate must always be .slopped and rendered ineffective by rhe fuel upon it; the amount of this obstacle will vnr^ with the kind of fuel, and can only be estimated by experience. In fact, the number of spaces must be at least 4 times that calculated from the section of the chimney, and therefore collectirely they must have the same area of openiiiL' as the latter in order to work well, tnd their number mii.<rt al.w depend upon the quantity of material which the fire-place is intended to consume at one time. The greater the beating power of the fuel, the wider may be the grate, anil nee versa. The grate may be altogether dispensed with when wood is usedp and holes in the door may be substituted for it. The shape of Ae grate is of le.ss importance; but when it aids the unifenn sink- ingof the fuel, when it is deepened or basket-shaped, &c., it may msterially assist the process of combustion. Of heating arrangements in general. — lo order thoroughly to under* stand the principles of applying heat, it is necessary to remember (bat the heat evolved from fuel is disseminated to surrounding bodies in two ways, by radutUon and by immediate contort. Peclet has exa« mined these points, wiih the aid of a very ingenious apparatus. He surrounded fuel, contained in a round wire basket, with a ring-shaped vessel, in such a manner that the quantity of water contained in the latter could only be heated by radiation from the surface of the globu- lar basket. By comparing the size of the radiating surface with the quantity and (be temperature of the heated water, it was found that the radiated beat from wood was ^, from wood charcoal J, from coal about as much, and from peat and peat-charroat ^'j of the whole amount of heat evolved. The radiant heat is therefore nearly always the smaller quantity, and on that account, the arrangements in which it is only emjiloyed for heating the air of dwellings, are not advan- tageous. Nevertheless these, which are called fire-places or hearths, and belong to the inost ancient modes of heating dwellings, are still the most common in many coiinlries. The chimney opens as usual into the room, and at the tower part, a few feet from the 6oor, it widens, forming; a recess, at (he bottom of which is a kind of basket or grate for the fuel, fixed in stich a manner that the fire bnms unenelosed in the room, but the smoke jiasses off by the chimney. The air, therefore, flows from ihe room to the fire, becomes heated and paiises off — and this constitutes the great evil— directly into the chimney, without having an opportutiity of parting with its heat for any iiscfnl purpose. In addition to this, the quantity of air cannot be regulated in an open fire, and a considerable portion of the warmed air of the room is nselessly carried away by the draught. The only way in which the fire can warm the air, is consequently by radiation. All the improvements made by Rumford and others upon open grates* tend, therefore, to facilitate radiation towards the room, to make use of the escaping air as much as possible uitliout injuring the draught, and lastly, to regulate the draught. With this object in view, the grate is brought forward as much as possible from the wall of the chimney, and the sides of the recess are so formed, that their loner surface, acting like tlie rolleclor of a lamp, shall collect the rays of heat, and reflect them into the room; moreover, the size of the recess has been lessened and filled with dampers to avoid a loss of heat, and yet the loss is still very much greater (ban in the other arrangements. The iHst-mentioned object has given rise to a new method of healing, which combines the advantages of an open 6re with those of a stove, and has, consequently, been called the store fire-place. A stove of this kind, invented by Desarnod, stands for^vard isolated in the room, and instead of being immediately connected with the wall of the room, has an iron plate at the back, above which, through a slit, the smoke passes olT, and after circujaling, is carried to (be chimney. The room is then warmed, not only by radiation, but also by the im- mediate contact of the air of the room with (he heated iron plate and the tube in which the smoke circulates. The thorough circulation, occasioned by an open fire, as well as the agreeableness of seeing the fire, which is certainly great, are reasons in favor of continuing this mode of heating in countries where the winters are not too severe, and the summers nut too hot to allow of its adoption.' OfStoifes. — The arrangement by which combustion takes place in the room, but, with the exception of the grate, in a closed space, and by which the heat evolved is coramiinicaled first to the sides of Ibe eaclonng space, and from these to the atr of the room, comprises the difTerent kinds of cJmmber stoves. Whilst in an open lire, the heat is communicated immediately from it, and no hot chamber Is really present; this generally forms the most Important part of the stove, and is of considerable extent. The communicalion between the * Tht A\|>\|ierHllz will coniaiaa dsKiiptian of •onte of the monnceni iiapmvcnieoM M STOVES. 05 I I I chimney and the hoi chamber is generally effected by means of sheet- iron pipes, which are no unimportant part of the store. In the ^ater Dumber of dwelling-houses the chimneys are made so wide, that a man may ascend them for the purpose of sweeping; the chimney thus exceeding the proper dimensions, ceases almost entirely to cause a draught, and only serves to carrj- off" ihe smoke ; the draught must, therefore, be effected by the smoke-pipe. This pipe ascending in the room, and surrounueU by Ihe air, may be viewed as a continua- tion of the hot chamber, and rery much adds to Ihe effect produced by ibe latter. In addition to the requisitions made upon a hot air chamber (page 89), stores in particular rei^uire that the healing ehnmber should be correctly proportioned to the quantity of fuel, which must depend upon the size of the room, the loss of heat that will occur, and upon the rentilation. The heatine; chamber must hare surface enougb to communicate the heat which it receires in a eireo time, and in such quantity as will compensate for the loss of neat from known causes, supposing the quantity of fuel used to be ia Ihe right proportion. The materials whith are u.'iet! for the constnic- tton o[ stores, are cast iron, sheet iron, bricks and mortar. It thus becomes necessarj- to know the relative degree of facility with which they communicate the heat they receive; for we know, from daily experience, that iron conducts and communicates beat much more readily than clay. This power of communicating depends, indeed, upon two tbinG;$, and iu the first place, upon the power of conduction, which, accordmgto Despretz, is nearly 33 times less in clay than in iron,' But the beat has to be communicated not only from particle to particle throughout the material of the chamber, but also from its suiiace to the air, which occurs partly by contact and partly by radia- lion, the different surfaces acting in very different manners in this respect. By both methods together, this communication of heat from Ihe surface to the air is, accoi^ing to Peclet, in sheet iron 1.21 times, and in cast iron twice as rapid as in clay; so that, under similar cir* cumstances, the iron will in the same time give off* 33 X 2 n 66 times, and sheet iron 33 x 1.21 = 39.93 times as much heat as clay. In order, then, to obtain Ihe same effect from a surface of clay, il must be 39.93 times larger than one of sheet iron, and 66 times one of cast iron. Iron stoves, therefore, heat and cool quickly, clay Etoves the reverse. The object in view must always decide to which the pre- ference should be giren. When the fuel h consumed with that degree of rapidity which is requisite to the evolution of the entire amount of heat, this is given off with far greater intensity than is appropriate for the beating of dwellings, which should have a uniform temperature ; i. e. for this purpose a complete but very slow evolution U required, that the air of the room may, as nearly as possible, be kept at a temperature of 2C C. (68° F.) It will easily be under- * Pmlet hu flombonted tfala auutnunt tiy rwcni vxpcrimvni».accor(lin\|i ta whicli, plUM of 1 «\|inK metro snttiMM. sad 1 nun. thick, «l » Uinip«raiure o( 1° C, oJInw IkaI to pwa ihrovcli in llw relaikxi oTclar to Uon «a 0.34 : 7.9& ^ I : S3,i. 96 fl BATING. stood that iron in not the most appropriate material for this purpose, as it tliKseminarvs its Kent as quickly as it receives it. Clay, for the contrary reason, is deciiitHlly preferable; with whatever degree of rapidity heat may be commimicati'd lo it from within, it always gives it out much more slowly and gradually. Inasmuch as more heat is amassed by clay than is at Brsl giren outf a kind of accumulation is made, which is as advantageous as it is agreeable in regulating the combuslioti. In Germany, a distincUon is made between ihe common iron J^iiunf^-sfove, which from its cheapness, durability, and the facility with which it can be manufactured on a large scale, is com* monty used, and the so-called Massen-ttovCf' in which the heating is not effected through the walls of clay, or iron pipes, or both together, but the heat accumulated during combustion by a solid mass of stone is gradiiiilly given out from it when the fire has be^n extinguished. From the given quantity of air ( = A) which the stove must hourly heat (to t°) lo make up for the loss by cooling and ventilation, the requisite amount of clay surface may easily be calculated. The mean M'eigbt of 1 cubic foot of clay is 125 lbs. ; 1 cubic foot of air, at 60^ F., weighs 0.07575 lbs. ; therefore, 1650 limes less than an equal built of clay, and the same amount of heat produces the same rise of tempera- ture in like musses of both bodies. The specific heat of air and of clay are nearly ^ih that of water. The heat, therefore, required to raise 1650 cubic feet of air to the desired temperature, or t^ above the outer air, will be sufficient to produce the same eflect in 1 cubic foot of clay. The latter, however, becomes by the action of the fire, much hotter, and warms the air of the room by cooling gradually from i maximum temperature = T° to a temperature t'°, which is still sen- sibly higher than l"^. The heat evolved during cooling will warm a greater body of air to t° in the ratio of t° : (T — t'}°, wnence we ob- tain Q => -= _^-__, as the volume of clay corresponding lo [ 1 — ^ t ) louO the body of air to be heated. In the greater part of Germany, Lw- tung-sioves are employed, but in the North [Sweden and Russia^) the Massen-stove is preferred, and is sometimes used as a bed. Heating by menns of channth orjlues. — Another mode of applying heat, and the most ancient mode, having been used by the Homans fhr heuling thfir baths and still common in hot-houses, &.C., is that by means of flues. The hot gases and smoke produced in a grate placed below, and on the outside of the space to be heated, are con- ducted through a system of channels under the floor, where they part with their heat and then escape by the chimney. Unfortunately, this mode of applying; heat, certainly the best adapted for dwellings, can only be managed in the lowest floor of the house, and even there with difScuUy. Of course, in healing by means of flues, care must be Taken to allow no heat to be conducted away below, by lining the * TliE distirH'tjun beiweun the Ccrmaa LeilungiiJ'rn itiiJ AfaurnSftH i« unp!]r thU, tiratilie (brwei ii iiin(1«DriiienUlJc maleilaji, auit ttie taller uTvlnr.liriclu.uiufwlut ara known u " Duidi tllei." > i ttKATIXO. m I lover put of the fi\it with rubbish or non-conducting substsnce. Heating by Hues only liiSen from that by stoves, inutouch as ihey are in difierent positioos as regards the nx>m; aa (he fire in the littex it bclowt the conducting pipes or flues maybe brought under the floor, fhnn whence the heat is belter circulated IhrougfcKMil the nxnn. In one respect ooIti the two &rea or stoves differ distinctlr from each other; the stove, viz: to which flues are adapted, ahouM itself ooa- duel away as little heat as possible, all being reserved far rliseemiBa tion bj the floes. Oemtmg by mnns of Uot j^r. — In cases, where, for the sake of ele- gance, safety (in prisons, ^.), or from want of space, the stove is better removed from the room, the necessary quantity of air can be healed in another part of the building, and conducted by pipes into the different rooms. This method has very improperly been called heating by hot air — a name which applies e<)uaJly to every naode of heating roomis. It is evident thai the air already in the apartment must be able to make room for the curreot of warm air. Kither no par- ticular altentiou is paid to this, and the air is allowed to escape by crerices in windows, by opening doors, &c., or the portion which has been used and become cold is conducted back to the stove, again heated, and then performs a second ctrculatiou; or lastly, the air of the room is ronducled lo the stove, not, however, to be warmed again, but for the supply of oxygen to the fuel in the interior of the stove. The second case combines the great evil of imperfect ventUatioo, which can only take place by casual openings of windows or docws, witli a certain economy of warmed air; but this is only apparent, for the more perfectly the room is closed, the sooner it will be necessary lo remove the vitiated air, and supply its place by a fresh quantity. The last method causes a saving, by supplying warm air to the fiie from the room, instead of cold air from without. If 1 lb. of air-dried wood requires 5 lbs. = 66 cubic feet of air at 32° for combustion, and when, moreover, according lo Rumford, 26 lbs. of water will be heated by it to 212°, or 4 x 26 »- 104 lbs. of air to 212°, oc 180x104^^^^ ^^^ of air to 68°: then the temperature of 6ff (ioatead of 32°) at which, in the present case, by way of example, the 1x5 air b famished to the fire, will correspond to a consumption of — --. 620 w nearly 0,01 lb. of wood, which mnst consequently be saved. This saving of 1 per cent., or something more, when the tempera- tore exceeds 68°, is too small to warrant any particular arrangement ; hence, practically, it is better to unite the two latter modes. The air which has then circulated for some lime, may be allowed access to the health, and be replaced by air from without, the heating of which will then cost just as much as has been saved by empbyiag the other for feeding the fire. Supposing that proper change of air can be efleded in a room by means of door^ and windows, the first method wit) necessarily be highly advantageous; the air streaming in will force I 98 HEATING. out that alreadj in the room, and thus produce a state of things in which the tendencjf of ihe external air to force its way through the crevires «ill cease completely, and with it all the disadvantages and evils which attend it. It is quite certain that the loss occasioned by supplying the fire with cold air is counterbalanced by the advanlage gained. For buildings in which the rooms arc irregularly heated, some* times more of them and sometimes fewer at once, the method of heat- ing by hot air is not desirable, because the proper relationship between the dimensions of the stove and the supply of hot air, is thus destroyed, In other respects, a great saving is connected with it, for the number of stoves is diminished to one, and the fuel in thai one is more com- pletely used than if it were distributed amongst several stoves; lastly, the advantage of a uniform, equable heat given oS from the floor, fully compensates for any loss of heat occasioned by the transit through the Hues. [HeaiiTtg by Flues from .Anthracite Furnaces. — The general intro- duction of anthracite Into domestic use in the Atlantic states has given rise to a variety of arrangements for beating private dwelling, in such a manner as 1o dispense with open fires. So far as the e<lilor of this work is aware, the iirst plan for this purpose was devised and applied in his own family, about the year lb24-25, when a large house waa healed by means of a furnace in the cellar, surrounded by an air- chamber of brick work, and having its gaseous products of combustion carried first through a double cylindrical drum on the first floor, then through a pipe to the third floor, where it passed a second simple dnim, and thence out through nii aperture in the upper part of the building. In an apparatus subsequently constructed for the same pur- pose, the position of the furnace was similar, but the fire was also employed for culinary operations as well as for heating the air of apartments. The description and publication of the plan of eSecting the great saving of fuel, labor, furniture and health, which this mode of using anthracite had been found to produce, appear to have given a considerable impulse to the adoption of that as the chief fuel in all the Atlantic cities, and to have led to the devising of numerous raodi- iications in the details of apparatus, none of which, however, seems to possess any thing essentially diflerent in principle from the one origio- ally constructed. The following general views are abstracted from a description of the plan' published after a full experience of seven or eight years had tested its usefulness: — "The expensiveness of fuel renders it desirable to arrange houses so as at once to limit its consumption, and to secure an ample sup- ply of wholesome air. The latter requisite is too often sacrificed to the mere elevation of temperature. Not only is the composition of the air allowed to be deteriorated by frequent respiration, but its hygrometric state is sometimes such as to operate most injuriously on the system. Nature, in general, svipplies our lungs with air capable of receiving from them some portion of moisture^ if this portion be • * Sm SUUcnui's AnwrlcBD JournBl of Scieaca sod ArU, No. 3,toL zxiii., Jan. 1833.- Ed. BEATING. 99 wt P either loo great or too small, thelungi^, nnd eventuall will tiuBer either from the excess or the deficieney. To regulate this quantity is one pari of our own dtily, and is accomplished by supply- ing water for evapKiralion in the air-chamber. " The general plan consists in placing in the basement slory, or in the cellar, (as the case may be,) a single furnace capable of enecting the combustion of as much fuel as will be required to heat all parts of the house. Where anthracite is employed, this arrangement is, perhaps, more desirable than where any other fuel is used, because the labor of attendance is then reduced lo an amount utterly insig- nificant, compared with the expense of fuel, and extremely small compared with what it would be with other combustibles. 'The furnace is either of cast or rolled iron, the latter being prefer able on account of its lightness and pliability; the former, for its resistance to corrosion and for cheapness of material. A stove or furnace, formed of either of these maleriats, is placed in the basement or cellar, and surrounded, except in front, with any $ub$tance suitable for forming a chamber to receive air at the bottom, which, after ascending around, and over the surface of the iron, passes up through openings in the floor, or through 6ues iu the walls of the house, or through chimneys formerly used to conveyihe produclsof combustion. The front part of the furnace is made to join the enclosure, allowing access to the lire, but not admitting a commuuication with the hot air-chamber. "The air to supply the combustion is taken either from the apart- ment immediately around the furnace, or, what is preferable, is con- ducted to the grate through a trunk descending from the floor of one of the upper heated apartments, In the latter case, it serves to carry down the colder parts of the air of the room in proportion as the warm air rises from the furnace to lake its place. "By the arrangement above described, the fire is left open, and at liberty to be used for culinary purposes, while the hack of the stove or furnace is employed to heat air for supplying parlors, chambers and passages. "The air to be used for this latter purpose is derived from a source not subject lo any species of contamination. It is generally advisable to receive il through a conducting tube from the open air, and to keep it separate from that which supplies the combustion. "Pipes of conduit are employed when several stories, not connected by an ample stair-case, are to be kept at uniform temperatures, but the opening or closing of doors is otlen sufficient to regulate the heat. soon makes its way into every open It has been found by experience, that when once admitted into the lower apartment, the warm air apartment in the house, ** By the adoption of this plan wide chimneys are rendered useless ; occupying a great space, they carry off the hot air which is sent up from llie furnace. .\nd yet they do not perform well the serrice of ventilation, since tbcir apertures are below the proper level for that purpose."] 100 HBATI50. Pi\|. II. Of Heating by Water. — From what has already been stated, the principle upon which the method of heating by air is founded, is this : that the heatcotnmunicaled to the air by a central fire, is carried with it to the varinus places, rooms, Slc., In be heated. Instead of directly wanoing the air, in many cases an intermediate body, water, is em- ployed, which receives its heat in like manner from the central fire, and on being conducted to the different parts of the building, again emits it. The water, therefore, only serres to convey tbe warmlh, and from its great specific heat is peculiarly adapted for that purpose. According to Oelaroche and Berard, the quantities of heat in equal weights of water and air at the same temperature, are in the ratio of 374.6 : 100; or the heat which is liberated when water cools down 100°, is sufficient to rai^e the temperature of 3.74 times as much air to the same amount. Here we have, therefore, an analogous case to that of clay; the heat which is required by a given quantity of air can be retained in a much less quantity of water, and thus, as it were, become accumulated. This is the case to a much greater extent when water in the form of vapnr, is made tbe purveyor of heat; for in pasfing into tbe state of gas (vapor), water absorbs 5.72 limes as much heat as is required to heat it from 32° to 212'^, and this quantity of beat produces no increased temperature in the steam, it cannot be recognized by the thermometer, and becomes first apparent when the vapor is again condensed. Conse- quently, 1 lb. of vapor at 212°, will, in condensing to form boiling water, give ofT sufficient heat to raise the temperature of 5.72 lbs. of water, or 3.746 X 5.72 = 21.4 lbs. of air 1o 212^, or 107 lbs. to eS"". Both iRodes of applying water arc in use, the one is called heating iy umter, tbe other heating by tteam. The warm water must necessa- rily be renewed in proportion to the amount of heat required by the room, and to avoid tbe trouble of coustautly changing the water, it must circulate in such a manner, that the cold water shall flow off and be constantly replaced by a fresh supply of warm water. Fig. 11 .«hows the principle of the circula- tion. The heat applied to the ves sel a at the bottom will be Orst com- municated to tbe lower layers of water ; these nill become expanded And specifically lighter, and must con- sequently rise to the higher parts of the vessel; at first, therefore, to b^ HEATING. .- 101 fironi thpnce into the tube c, and at length to d. In proportion alrlS'^^' rise, bo^vever, cold water must flow dowuwards in e, if no vacuum is To be formed ; and thiii constant motion is kept up as long as any difference of temperature exists in the different parisof ihc apparatus, and never ceases, if the warm water is cooled in its course and the difiereDceof temperature thus rendered constant. It is obvious that a may he an open vessel, into which the ends of the tube dip like a syphon, but then much heat will be lost. The heat itself is, therefore, the motive power for circulation, which is so much the more rapid, the less cool- ing and other obstacles are placed in the way of the ascending cur- rent. In England, where water heat has been much introduced by Perkins, closed boilers are used, which can be heated after the man- ner of steam-boilers, or the pipes themselves, without any boiler, are carried through the stove in several revolutions. The dimensions of the lire and the conducting pipe must be 6o proportioned, t. c, the cooling must take place so rapidly, that no steam can be formed. To avoid all danger from explosion, which unforeseen production of vapor by over-heating might possibly occasion, safety-valves must be intro- duced, and compensating pieces, to prevent the bursting of tubes by the expansion and contractioa of the metallic masses. The latter is euarded against by connecting the ends of the pipes with a stuffing- box, instead of with screws, thus combining moveability with a water-tight connection. There must also be tubes at the top of the conducting pipes, as at m, for the escape of airj which is evolved from the hot water. The quantity of water, which is to be conveyed per minute from the apparatus to the space to be heated, can be determined in the following manner. If A represents, the air in cubic feet, t" warmer than the ex- ternal air, which is lost every minute and must be replaced ; and if 1 cubic foot of water is 837 times as heavy as 1 cubic foot of air, then A cubic feet of air correspond in wei^t, with -. - cubic feet of water ; 837 but the heat which raised the temperature of A to t°, is only capable A A of raising the Jth part of this -^ — or more correctly _ — , to 837 3.746 x 837 the same temperature; in other words — ---cubic feet of water in cooling t° will raise exactly A cubic feet of air to the same extent. But tbe water in the pipes has a temperature of nearly SIS^, and gives oil' from 100 to 126° of this, or cools (T — l')^, thi-refbre, as much less water will be required as (T — 1')° Is higher than t°, namely ; :iiL_ .= ^i! ,j_- Q cubic feet = Q 62,5 3.746 x837(T—t'°) 3135.4(T— f)° . lbs. of water per minute. To accommodate the conducting pipe to the production of such an effect it is necessary to know the velocity with which water moves in pipes. The determination of this is the same in principle as that of the draught in chimneys, only that the friction of the water is somewhat different from that of the air. The velocity, I" 10-2 BEATIKG. '.•togietKer vitb Q, gives the dinmeter o( the pipes, and the latter the >, j\ainiensioiis of the fire. The ascendiog pipe is protected as much u possible from cooling by badly conducting substances, and is not beni, the descending pipe on the contrary is furnished with every facility for communicating heat to the air of the room. When the heat is to be communicate<l over n very extensive space, the water becomes too cold in the last rooms ; it is well in that case to supply each half of the space with a separate set of pipes. Steam acts more energetically than water, and less of it is conse- quently required. As 12.3 cubic feet of air at 32^ make 1 lb., then A cubic feet in the former equation will weigh -^^^-^Ibs.^ and will be heat- ed bytbe condensation of 12.3x3.746X5.72 12.3 lbs. of steam of 212^(0 form At^ boiling water (of 212°), and consequently by — ^ ^ .^^-^^ x 5.72"x 180 = Q lbs. of steam to t° higher than the temperature of ihe external air. The pipes destined to carry ibe vapor to the place for condensation, are choHcn of narrow Iwrc (about 1.5 inch), and to avoid all condensatioo during llie transit, are surrounded with a thick covering of list or other woollen cloth ; the conden&ing pipes are at least four times as wide., mail't! of copper or cast iron, and must be so arranged that the air can escape when the steam is admitted, or this would otherwise very much retard its dissemination. These tubes should generally be rou^h and not polished, and the copper lubes should be painted or stained in a man- ner 1o give them the appearance and the properties peculiar to cast iron. To allow for the expansion in length, the same plan may be adopted as in the water pipes, or simply a bent piecS of flexible metal may be inserted into Ibe course of Uie lube, which by bending to a greater or less degree compensates for the expansion. It is not extraordinary that different bodies should condense steam in a very unequal manner according to the nature of their surfaces; Clement found that at a temperature of 59° in the surrounding air, 1 square foot of surface of a honzonlal cast iron tube, could condense 0.234 lbs. of vapor, of a bright copper tube 0.184 lbs,, and of a blackened copper tube 0.213 lbs., aquantity, which is somewhat increased by a perpendicular posi- tion of the tubes. However this apparatus may be modified, care must always be taken that the condensed water can Sow off; this is best done by a set of pipes on purpose, which convey it back to the boiler. Occasionally a quantity of water is expressly left in the pipes after the circulation, that the after-action (as in the clay stoves) may be obtained. In case of any sudden, unexpected, powerful condensation which would draw the water uji from the boiler, there must be a valve, which opens down- wards, somewherfi at that part where the vapor enters. Heating by means of air, on account of the lai^er dimensions of the pipes, occa- sions greater loss, than the two lust modes, which, however, are ac- companied by imperfect ventilation. In heating by water the appa- EPPBCT OF f CEL. 103 ntus is simpler, ihe temperature is more easily rpgulated, and the heat is not so suddeuly evolved as from vapor or steam, whirh latter, how ever, can be used for mocli greater distances and heights than would b« compatible with the pressure of columns of water. It is obrious that in cither case the heating pipes may be made of any shape, orna- mental as columns or as stoves, and will then act in a similar manner to ftoves. Of the Victual {practical) Effkd of Fuel. — It has already been ao- Hcea above, that the actual efTect of fuel in practice is rery much below what it should be according to tlieory. llie causes of this are partly casual and external, partly, however, they retain to the nature of the process, and are consequently unavoidable. Of the latter, the maintenance of a draug^ht in the chimney is not the least in im- portance, and to accomplish it, a portion of the heat erolred must always be sacri&ced. According to p, 81, 1 lb. of dry wood requires on an average 5.94, or in round numbers 6 lbs. of air of 32° (=73.8 cubic feet): suppose this to escape with a temperature of 302^ Fab. into the chimney, the quantity of neat contained in it will be just as great aa that (in 1 tb. of air at 6 X 270= 1620 or) in Olbs.of air atSlf°,and consequently in 9 TuQ ' 2,4 lbs. of water at 212°. According to Schoedler and Peter- sen, 1 lb. of dry 'wood wU heat on an average 40.6 lbs. of water to £12'', the action of the chironev causes a loss of — '—^ w 0.06, or 6 ' - 40.6 ' p. c, and will increase with the temperature of the escaping air. The combustion in well constructed stoves is always more or less imperfect. In consequence of too great a withdrawal of heat by the walls of Ibe fire-place, or too great acces^of air — at least twice as much as is required by theory — and from an occasional temporary stoppage of the grate, and consequent deficiency of oxygen, a portion of the fuel has not ihe opportunity of uniting with oxygen and erolr- ing heat. It has, therefore, no altematire, hut to resolve itself under the agency of the heat into volatile, or non-volatile products, which are mechanically carried off by the draught to the remoter parts of the chimney, where they pass off as tmoke. The smoke has retained in its constituents the property of uniting with oxygen (bunnng), and thus of evolving a quantity of heat equivalent to that portion which is lost. The combustion in the fire-place, as above stated (p. 88), is thus partially reduced to a process of "dry distillation;" in fad, instead of the vapor of water, carbonic acid and nitrogen (from the air) alone, we find thtrse gases constantly passing off mixed with smoke, which collects as dry sooi. The so-called smoke-consuming arrangements io stoves are intended, although they effect it but very imperfectly, to complete the combastion afterwards, by bringing the smoke into con- tact with a stream of hot air.' Even the condensable portions of the smoke absorb heat (latent) in being converted into vapor, and still * Foe an woorai of Um ooatrinncM At d)« preveoiku of anohf^ na Appcwlub 104 EFFECT OP FDEl. more, (lie water formed during combustion, which heat for the moat part is ]ost. The loss, however, that is occasioned by the hygroscopic water, from which fuel is seldom freed (never for use in dwelling rouius) is much greater. This loss is of a two-fold nature, first because the water detracts from the mass, 1 cwt. of wood, for instance, only con- taining 80 lbs. of actual fuel, and then because the water absorbs so much heat in being converted into vapor. For this reason Ruraford's experiments (with common wood) give a less result than those calcu- ]ated from the analyses (with dry wood) ; it must not, however, be forgotten that the heat of the vaporized hygrosmpic walcr,in as much as it is condensed, is not lost in the calorimeter, as it is in practice, lis inSuence is easily calculated. Wood in the common state, there- fore, air dried, contains about Jth water, and only jths of actual fuel ; of the 40.6 lbs. of water, which 1 lb. of dry wood heals to 212°, '- = 8.1 lbs. arc left cold; besides every ^th lb. absorbs as much 5 heat as corresponds with j x 5.72= 1.14 lb. of water at 212°. Alto- gether, therefore, the moislure in the wootl causes a loss of heat = ?-I±Hi = 22.7p.c.- This clearly explains the economy of dry fuel. For common every day purposes it is too costly to dry the wood by artificial means, and fenerally not practicable ; for certain technical purposes, however, ry wood only can be employed, and the arrangements, in which the desiccation is effected upon a large scale, are very advantageous for fuel, which is obtained at one constant locality, like peat, &,c., as the worthless refuse of the pits may be used for heating the kiln. Fig. 12 represents a section of a drying kiln for fuel, first introduced in the ' For nwnpiilBlion* nn Uie nmounl or lirat pspcmlcd upon ilie mnislnrc tr«o«nitcri in. burniniC, un iliiil of the fuel itictf, on ItiD imiw )ii>umtE tolhcchinini-jr.nnil oil tbdconlrnb ofiliv twiloi, »«u Itxrpurt on Aiiierkiiti CuoU, pi'. dCI w 061— Ax. En. BPFECT OP PDEL. 100 French glass bouses. The whole space covered by a single roor is a long quadrangle, and contains six arched passages ji A A, 60 feet in length, (> fe«t broad, and 5 feet high, which may be viewed as separate stoves, each having its own fire c c c. Each fire extends underneath the whole length of the arch A A, and teiminatcs at boUi ends in a grate, from vwience the disengaged heat is cunducted to the middle, but also freely escapes along the whole length into the space A by the several channels cut in the sides g g. Theses double channels are at greater distances from each other in the neighborhood of (he grates (at the ends therefore), but are more closely approached towards the middle, that the heat may be more equably disseminated. The fires c c c are arched over for a short distance, above the two grales, and further on, covered with slabs of iron, and in the middle wilh sheet iron. Above this triple covering is a railway a a a o upon 'which iron barrows move, and into these the fuel to be dried is placed, and kept in the stove. The plates of iron, and the sheet iron are intended only to keep off* the fire, that Ibe contents of the barrows may not inllame ; every barrow contains about two measures of wood (Stecken.) Each passage A holds nine barrows and these are dried in thirty-six hours. In coniradiction to (he foregoing remarks, the action ol water upon burning fuel has been considered advantageous, and not without some reason. But a distinction must be made as to whether the water is brought into contact with the fuel in the gaseous or liquid state. It appears from the experiments of fiunsen and Fyfe, that red hot coal and aqueous vnpor mutually decompose each other into hydrogen and carbonic oxide gasea (and some carbonic acid), both of which, if suf- ficient oxygen be present, bum wilh the evoluiion of a while beat (o form water and carbonic acid;* the numerous obsen'ations showed further, that the increased quantity of heal evolved, was more than could be calculated upon from the consumption of fuel fur producing the vapor. If, therefore, sufficient air be present with the vapor to burn the gases which are formed, the vapor will be of service and produce with the greater amount of heat, a more lively ffame. The moment, however, that the vaiwr exceeds the proper projwrtion, and the access of air is thus diminished, the lemperature tunks, so as even to extinguish the fire. The be.s't plan is to place a vessel with water under the grale, so that Uie heat radiatingdownwards may cause evaporation without coat. In steam-engines the vapor which has been used is conitucted at once to the fire, instead of being condensed. An addition of water In the fuel causes so great a depression of temperature in being converted into va]ior, that the decomposition of the aqueous vapor can no longer be effected. Such a practice, which is not unfrequent amongst con- sumers of coal, should therefore be avoided, for in addition to this, * I [art nf ocbI, burnuig, iu>round«d bf mpot, fli>t lo carbonic cisi<Te ami i\yvn V> nfbooic acid, hcua 7S.IS of wnier ftom 3tf° lo 'il:j>; 0.1606 pan of byilrofen are lil»rainl ftl the tAnie itmt^ which in burning, heat 3V.S parls ma» wiiler. The ailnMi- 3fl 5 nee nined, ihcrcKim i« ^ '. _ ^ l.suppuaiiiE tlicmmbuiliantircsalinaiiiBOtti 78.l5-\|-3!>.5 » ^» » * npoc lO be ailcnded by Uia tnine healiiig phenomenM n* in ihit air. practical experiments, instituted by the FranVfort society for tlie im^ provement of arts and luaiiufacturcs, have proretl the practice to be^ indisputably bad. A moderate mnistcning of small coal has, hov- ever, one advantag", that of preventing its falling through the bars of the grate and creating dust, for when moistened, It cakes together and becomes more solid. It is still better to add about ^th of moist clay for the same purpose, which being disseminated throughout the mas!i of the coal, gives more abundant access to the air, ana the heat taken up, U given out again [in the manaer of the "massen' stoves) more slowly, and consequently with more advantage. The experi- ment!: matfc by the society above-named, showed that small coal mixed 'n'ith clay, was even better than small coal alone. When moist wood is heaped up in one place, where there is no proper draught of air, in a short time a chemical change occurs, whlck is accompanied by the almost entire destruction of its combust ibilitf, and therefore requires special notice. It is well known that the deii wood ia the centre of old trees (where moisture, but no air has access), becomes changed into a white, soft, phosphorescent substance, which, when ignited, bums slowly, like wood that has been converted into humus, without any flame iu the same way as amadou, and with ft very slight evolution of heat. Nevertheless, In this mouldering pro-' cess the weight of the wood has undergone greater change than the relative proportions of the elements. A specimen contained, for In- stance, 47 per cent, carbon, and with 6 per cent, hydrogen orUy 45.3 per cent, oxygen; an excess, therefore, of that element above the quantity contained in fresh wood, which would tend rather to increase the inflammability of the substance. It is highly probable that the hydrogen existing in it, is already combined in the form of water, a supposition which the properties of the substance fully bear out. In the same manner a mouldering process takes possession of firewood under the circumstances named, and decreases its value as it destroys its combustibility and inflammability. The wood i»tbi said to be decayed. However interesting It may be to know the heating power of com' bustibles, obtained by good experiments, as pointing out the highest attainable point for practical operations, yet their numerical values are so modified and changed from what they originally were, by the concurrence of all the circumstances enumerated, that (he effects of the different kinds of fuel, in the present state of our arrangements for combustion, cannot be always correctly estimated by thejc data. The relative value aim of the theoretical calorific power can no longer be traced tn practice and viee versd. Lime-tree wood, for instance, should produce the greatest effect according to theory, although this is by DO means actually the case. Hence, an answer to the important question respecting the relative effects of different kinds of fuel tn ordinary fire-places has been obtained by direct practical experiments upon a large scale. Of course, such experiments will only be appli- cable with exactness to the kind of firing with which they were iindcrlaken. Some of the most trustworthy observations will here iollow. CrPRCT OF FUEL. 107 For warming dwellings it was found in a series of experiments, — in which ihp exitTiial lpra\|ieraturc varied from + 6.8'^ (44" F.) to — 6.2° (21° F.), and the air of the room had a mean temperature of 15 lo 19^ C. (59= — 66° F.). and the smoke escaped by the chim- ney at a temperature of 75 to 100° C. (167° to 212° F.),— hat 100 lbs. of air-dried cleft beech wood, effect as much as 48 lbs. of pit'Coal, — 40 (the smoke being cooled as much as possible) to 60 lbs, of mixed grit (or small coal) moistened with j',th of water,.— 44 lbs. of fatty grit with j\th water, — 37 Jbs. of coinmoD grit with .,»,ih water and Jth clay, and 38 lbs. of grit with Jth water and Jth day. It must here be remembered that the temperature of the tat noted was a mean temperature, or that existing at an equal distance from the floor and ceiling of the room. The observations prove, that the temperature of a room, afler equilibrium has been established, increasea towards the top, and for equal distances (for example, at poiuls 2 feet apart) in very nearly a geometrical progression, the quo- tient of which, however, is not the same under all circumstances. In one case it was found to be = 1.0727, according lo which the tem- perature rose in the following manner: floor 18.36; at 2 feet 18.36 X 1.072; 4 feet 18.36 x I.072»; 6 feet 18.36 x 1.072», &c. The action of coal upon steam boilers has been carefully examined by F)^^, who believes, that the heat produced by coal which is ac- tually made available in practicet is nearly the same as ought to be prodnced, according lo theory, by the quantity of coke (carbon) which It yields. If coal produces 50 per cent, of coke, for example, then idO lbs. of the coal would cause 50 x 78.14 lbs, (Despretz) of water lo b<nl. According to him, 1 lb. of Scotch coal from Trenantwill convert into vapor 6.61 lbs. of waler at 32°, the coke from this coal 7.4 lbs. — 1 lb. of coal from Trenant gives 0.525 lbs. of coke, which will consequently produce 3.9 lbs. of vapor, so that by carbonization there is a loss of healing power equivalent to 5.61 — 3.9 = 1.7! lbs. of vapor. In other experiments the results with coat were 5.8 and 6.6, and with coke between 7.8 and 8.7. The greatest effecl observed by Parkes was 8.68 lbs., and by Henwood 9.96 with 1 part of the best Newcastle coal. Fyfe's experiments upon the introduction of vapor into the burning fire are also interesting (page 95). As the mean of 13 observations, when a woll-rcgularcu and properly divided current of vapor was conducted over the Dame, I lb. of Scotch coal vaporized 9.49 lbs. of water of 32°. Another kind of coal gave as the mean of 10 observations, which varied from 9.23 to 13.34, 10.97 lbs. of water of 32°. A direct comparative trial, made with a steam boiler, showed that 537 lbs, of coal, assisted by the action of vapor, effected u much as 812 lbs. without it, and for this purpose 4 lbs. of * Tbu dopi noi, iherlbr«, igm whli tbo hw auppoavJ to pravait by Fyfe, but hml m udimBlo KDHlytiM of lb« coal tMfUt nuide, it WonM prabahl^ have been roumJ id dor- linn Umi wliioh wr IiHTf mdiiuilmi at pafln 4t), vix, thru \hn 1ii>aling power >• meamniil by the wbvl« atriurn wiiMituciit. In Tnct bit cipcrLmcniion Scoicb coal from Gdiabursh, •Ml ea £(wli>h coal iihi>wed thn rHntivr hMtinE pnu-i^r ro If ad )Ol in i:i\|.S, uii) tho ma of RidiOrdHHi whicib Mr. Fjfe dlr, pcarp llint llii> rnrlDon rnnntiluriilii tif (Iditi* i ml Ntwcwilo cntlf vo a* e7.&07 «> tj7.93r2, gr u 100 19 130.1.— Aa. £>. 108 EFFECT OF FUEL. the vapor were conducted through the fire for every 100 lbs. thi were liberated. If these are deducted, we obtain instead of 10.97,' 10.53 as ihe real effect produced, which would still he 37 per ceni. more than the maximum of that coal bj itself. Further experience Day corroborate these statements. The Hessian Society for the promotion of arts and manufactures has experimeulally examined the cifective value of wood, peat, and coat, burnt under different well arrung;ed boilers. It was found, by a series of experimenls upon six nuch fires, that 1 lb. of split b«ecK wood, which had been felled two years prcTiousIy to use, conrerled on an average, 2.075 lbs. of water at 32° into vapor; 1 lb. of peat eva- porated 1.99'2, and 1 lb. of coal refuse 5.201 lbs. of water. For common purposes, fuel is generally bought and consumed by mea- sure, hut their relative values may be easily computed,* by ascerlaia* ing the weight of a given bulk. Tin addition to the foregoing facts, relative to the heating power of fuel, )( is proper to state that Mr. Bull, in the paper alreatly cited (p. 24), also gave comparative experiments on several varieties of bituminous coal, anthracite and charcoal. Dr. Samuel L. Dana, at Lowell, Mass., has likewise carried on an extensive series of prac- tical researches, on the reEative heating; power of ditlerent coals, with special reference to improvements in tne construction of furnaces and, boilers. These vrill be found at large, in a work by the editor of (his treatise3 entitled "Notes on Anthracite Iron," and also an abstract of them ia> the Second Bulletin of the National Insiilution, p. I6G. The following results, taken from the last mentioned publication, "will convey an idea, of the relative efficiency of the different forms of boilers used in the trials. Comparisons of results, deduced from the experiments of Dr. Samuel L. Dana, of Lowell, Massachusetts. 1. In plain Cylindricai Boilers, twenty feet l<mg, thirty inches in dioTneter. Sydney coarse bituminous coal, 7.18; 208 pounds per hour burned. Philadelphia pea coal, 8.60; 180 pounds per hour, on an average. Philadelphia pea coal, mean of 10 days running, 9.48; 100 poimds per hour burned. S. In Cylindrical BoOerSf twenty feet longy forty-five inches in diameter. Coarse Sydney coal, 6.04; 300 pounds burned per hour. Anthracite dust j, Sydney slack \, 7.40; 233 pounds burned per hour. Anthracite dust \|, Sydney bituminous slack ^, 7.51 ; 2S8\| ])ouaJ8 burned per hour. Beat peach mountutn anthracite, 8.00; 243 pounds burned per hour.' * Rerrmng to die lablc st p. 43-4, il will he emsy to Mocrtain bow mud) avsporailTA pDwm MFJi varitriy otwrnl ilivreexhibllcd.ouutaiii* ixrr cubic Togl, Iwtli » U ojdiu in ibi;^ nine, aad u ii ii fband in a matkMabl* NlU w ootnin«roe. — Am. Eft. EFFECT OP FOBL. 109 I I I I I I Peach mountain anthracite, 8.43; 240^ pounds bumed per hour. Beaver meadow anthracite, 8.89; 196 pounds burned per hour. Coarse Lackawanna anthracite, 9.17; 24.9 {wunds burned per hour. 3. In three Cylindrical Boikrt, thirty-tixfiet hngt twtnty'four inches in diameter. Anlhracite, coarse, 10.60; 179 pounds burned pr hour. Anthracite, coarse, 11.59; 161 \|K)unds burned per hour. 4. In four Cylindrical Boilers srt on Mr. Ji. Ji. Hayefs plan, each twenty feet long, and twenty'Jovr inches in diameter. Sydney coal, screened from dust, 5.83; HbO pounds burned per hour. Sydney slack alone, 8.64; 148J pounds burned per hour. Pbiladvlphia pea coal alone, 9.06 ; 1 17 pounds burned per hour. Bosion anlhracite dust J, Sydney slack \, 9.60; 108 pounds burned per hour. Lackawanna nut anthracite, 9,77; 106 pounds burned per hour. Anlhracite dust 3 parts, Sydney slack 1 part, 10.24; 141.5 pounds burned per hour. Lackawanna ege, 10,28; 147.3 pounds burned per hour. Anthracite dost \|, Sydney slack ^, 11.13; 113.6 pounds burned p«r hour. Anthracite dust }, Sydney slack \|, 11.36; 67.1 pounds burned per hour. Anlhracite dust ^, Sydney slack J, 11.37; 107 pounds burned per hour. Philadelphia pea coal \|, Sydney slack ^» 11.48; 100 pounds burned per hour. Lackawanna egg anthracite, 11.55; 109 pounds burned per hour. Anthracite dust ^, Sydney slack ^, 12.b2; 87^ pounds burned per hour. 6. In a T\Aular Boiler, thirty-six f eft long, tuseloe tubes, each three inches in diamtttr. Coarse Lackawanna anthracite, 1 1 .96 ; 85.8 pounds burned per hour. 6. In a Cornish Boiler of the usual construction, thirty'Six Jeet long, six feet exterior, and three feet ten inches interior diameter. Coarse Sydney bituminous cottl, 6.32; 233^ pounds burned per hour. Coarse Lackawanna anthracite, 7.75; 155.4 pounds burned per hour. 7, In an improved Cornish Boiler, with three simple cylindrical boiUrs inserted in the interior Flue. [Coarw anthracite, kind uncertain, 10.90; 171.6 pounds burned per hour. Pea anthracite 3 parts, bituminous slack 1 part, 12.08; 136.6 pounds burned per hour. Lackawanna anthracite, ordinary size, 12.98; 145 pounds burned pei hour. no ILLUMINATION AND LIGHTING MATERIALS. Beaver meadow anthracite, ordiosry size, 13.41 ; 122 pounds burned per hour. The foUowing results hare been obtained in this countrj, in a toco> motive boiler oif the common form : Schuyllrin anthraciie, 9.51 ; B7.3 pounds burned per hoar. Wood, 4.71 ; 112.6 pounds bumed per hour. Mr. Thomas Wieksteed has published a set of results obtained m England in Cornish boilers, using various sorts of fuel, whirh are here reduced to the standard of 212'^j to render them comparable with the preceding and following sets. Blytbe Maine Northumberiaod bitdminons coal, 7,44. Derbyshire bituminous roal, 7.64. Large Newcastle eoal, averagf 8.64. Derbyshire ^, small Newcastle ^, 8.69. Welsh ^, Newcastle i, 8.86. Gas coke ^, small Newcastle ^,8.91. Gas coke alone, 8.92. Average Welsh, 8.98. Average small Newcastle, 9.01. Best small Newcastle, 9.38. Anthracite, 10.17. Best Welsh coal, 10.71.] ^ U.— «F LLLU.MINATION AND LIGHTING M.U'ERIALS. Cenerai Principles. — The poRsibility of producing artificial ilfurai- nation, as opposed to the li^it of day, depends upon the well-known and easily-observed fact, that the action of high degrees of heat upon bodies which are not Tolatile, is always attended with the ero/u^ton o/ So different, however, is (his phenomenon in bodies of unlike nature, that with a temperature, at which solid bodies, like iron, emit a vivid white light, gases are scarcely visibly incandescent. There is, therefore, another influential circumstance besides temperature to be attended to, and that is the density of the lumiuous body ; little is, consequently, to be expected from gases alone as the means of illumi- nation; and, in reality, light is always produced by solid bodies, which, in giving otTheat, or what is practically the same, by a &imul> taneous process of combustion, are brought to a slate of incandea- eence. In artificial light there is consequently always humingmatter which produces heat, and incandescent (solid) matierf which, in con- ■equence of the heat, evolves light. The two modes which thus pre- sent themselves are both made use of in the arts. Sometimps, when expense is not an object, (his light is required of the v«ry highest intensity, more intense even than that of the sua. If, for example, microscopic objects uofler a high magnifying power are to be sufficiently ilhiminatpti, the light for that purpose is evolved from a piece of chalk (lime), heated to the most intense white heat either with a Hare's ox}-hydn>gen blowpipe, or in a (lame kept up by a ILLUKIITJLTION AND LIGHTING MATERIALS. Ill I blast of caramon air. Here, then, wilboul reference to expense, the principles adduced have been distinctly followed. Indeed, the choice at one and the same time of tlie boltesl of Dames, and of one of the most ftre-prtxif substances, like lime, combines all the requisites for the e\'olulton of the most intense light. lo this case, which is one of (he modes alluded to, and by far the most rare method of producing' artilici»l illufiiina1ion,the incandescent and luminous body is brought, from without, into the sphere of combustion whence the heat pro- ceeds ; by the second essentially ditferent method, the combustion itself eliminates the solid body, which, at the moment of its separation, takes the position of the Ume in the former example, namely, is made incandescent, and becomes luminous in proportion to the degree of heat evolved. Inasmuch as all practical methods of illuminatioQ are founded upon this principle, an explanation of it only, and of the mode of applying it, will be all that is required here. Chemistry makes known to us numerous bodies, which, during combustion, become luminous with the evolution or formation of solid compounds; but many considerations must be attended to as regards their applicability for illumination. Phosphorus and sine, for instance, burn with a brilliant light: the one, because the phosphoric acid formed during combustion remains for a few moments within the sphere of combustion, and becomes incandescent, the other, because the oxide of zinc plays the same part. Neither of the two, independ- ent of other reasons, would fulfil the requifdtions of common illumina- tion, because the products of combustion, oxide of zinc or phosphoric arid, are neither of them volatile, and collect in an injurious manner in the imiDe<liate neighborhood. It is, therefore, absolutely necessary that the products of the combustion of the illuminating materials, in order not to interfere with the course of the process, should themselves escape from the immediate vicinity, or should be volatile. The evo- lution of carbon which passes otT when burnt in the form of gas, (carbonic oxide or acid,) is common to the flames of coal gas, candles and lamps. The combustion of the carburetted hydrogens is pecu- liarly adapted to give a clear view of this subject. If carburetted hydrogen is ignited whilst issuing into the air, both its elementary constituents become the prey of oxygen ; but not both at the same time, for the hydrogen is much the more combustible of the two. The phenomena, therefore, succeed each other in such a manner, that the hydrogen is firyt consumeil as a gas, by Itself, with an almost imperceptible light, but a powerful evolution of heat, which causea the carbon, simultaneously eliminated, to become incandescent and consequently luminous. In the next moment, however, the incande- scent floating carbon is brought to the edge of the fiame, where there is abundance of air to consume it, and its place is occupied imme- diately by another portion of solid carbon. If carburetted hydrogen is mixed with chlorine, the same occurs, but the hrst act ends the process; on ignition, the hydrogen burns to hydrochloric add, and the carbon sinks down in the form of powder or soot. In the air. the 9Dot is burnt a few seconds after its production ; this, chlorine could 112 tLIUMINATlO^r AND LIGHTING MATEItUtS. not accnmplish. The tlliiminatinf^ power of difiereot carburetted hydrogens varies considernbW. Fire damp contains I part by weight of hydrogen 1o 3 of carbon; 1 part of hydrogen requires^: 1 part of carhoiT, ^.G66 pans of oxygen for combustion. Supposing the oxygen of the air, which takes an active part in coinbustion, to combine wilb both simultaneously, then — na 8 parts of oxygen consume 1 part of hydrogen — ^just 8 parts of oxygen would unite with the carbon, and consume 3 parts, or exactly the whole quantity. In olefiant gas, there is 1 part hydrogen to 6 parts carbon ; therefore, under the same sup- position, 1 part hydrogen and 3 parts carbon will be consumed to- gether, whilst as much carbon, or 3 parts will be set free. Although in reality the hydrogen is always ronsuraed first, yet it is obvious, that olefiant gns is capable, under simitar circumstances, of supplying more carbim to the llutne, and coiiseijucMtly of producing more light. Oil of turpentine contains 8, the oil from coal-tar (naphtha) nearly 10 parts of carbon to 1 of hydrogen. Most bodies of organic origin that are decomposed by heat, give rise, amongst other products, to gases nnd vapors which are indebted to the presence of one or other of the hydro-carbons, for their property of burning with a luminous flame. If these consist of olefiant gas, or of some hydro-carbons that arc richer in carbon, the Haiue is more luminous; if fire-damp or similar compounds compose their chief bulk, iht- llanu- is much less powerful. The former arc generally the product of bodies rich in carbon. It has already been seen that wood (= 50 per cent, carbon + 6.20 hydrogen 4- 43.8 oxygen) submitted to dry distillation leaves about 20 per cent, of carbon, and that as much nmre passes off with the other elements in the products of distillation; but 6.2 per cent, of hydrogen require 37 parts of carbon to fona olefiant gas; therefore more than is actually present, without taking any notice of the oxygen. Wood, therefore, is not adapted for illuminating purposes ; the fats, however, are different, for example, olive oil. Nearly the whole of ibe 77 per cent, of carbon which this oil contains, passes over with the volatile products, when it is decomposed by heat, and this more than sulfiues to form oil-gas with the hydrogen which remains, namely 12 per cent., after the wbnie of the oxygen has taken up as much as is required to form water. Good coat contains from 80 to 85 per cent, carbon, produces, however, only from fjO to 60 per cent, of emtef and although better than uood, it is therefore inferior to oil. On the whole, the same may be said here, that was stated with reference to carbonization, viz. that the value of any material as a source of light, depends not alone upon the quantity of carbon it conlains, but also upon its chemical constitution, and upon iis price. Whatever mate- rial is used, two objects must always be kept in view: first, the de- composibilily of the material by heat, when highly carbonized gases are evoU'ed; and secondly, the suitable combustion of these gases for the production of tight. In making use of some substances, as the fals, which cannot be carbonized, and therefore leave no residue, both objects are frequently united into one, as is the case wtih candles and lamps. With coal and resin, on the contrary, and all similar sub- TBB MATRIIAL FOR PRODUCIIfG LIOBT. lis stances which leare carbon or foreign matter, the two processes must be separated both as regartis place and lime ; hence gas illuminaiion. The study of these processes must, from the nature of (he subject, be preceded by a review of the materials most eenerslly employed. 0/ the Materiai /or producing Light. — From amongst the great number of natural and artificial products, which are chemically quali- fied (or the production of light, those only have, as yel, been selected in the arts, which, for so general and comprehensive an application, are to be had in sufficient quantity, and at a low price ; these are: coal, resin, tallow (stearine, j>tearic acid), spermaceti, wax and the oils. Of lite Fall.'— Trebly concerned in the nearest and most indispens- able requisitions of domestic economy, equally important as nourish- ment, as material for the production of eoap, and as sources of lif^t, these products of organic life have been found as generally diffused in nature as they have been sought Tor. Perhaps it is reserved for chemistry, in its rapid prt^ress, to point out a cheap mode of produc- ing the fals, which are supplied in such enormous quantity by animals and plants, and are consumed to a still greater amount: at least, the receot discovery of Pelouze, who had succeeded in producing frufync addf by subjecting sugar to a fermentatire process by the aid of cheese, appears to have opened the way in that direction. As sources of oourishmeut, they must always be most valuable; those fats only which are unfil for food, can vie with each other as sources of ligbt, or for the production of soap. For the latter purpose, the use of the fats is dependent upon other grounds: but their value as food, and as sotirces of light, depends u\|M)n the same properties; chiefly upon the very large amount of carbon (70 — 80 per cent.), as compared with that of tbe two other constituents, and this distinguishes this class of bodies from tlie greater number of compounds of organic origin. In the state in which the fata are taken from animal and vegetable bodies they arc not homogeneous chemical combinniions, but mix- tures of such, which, talcen singly, bnve all the properties of fats. Some of these fatty admixtures or proximate conslitucDts are solid at common temperatures, ftsstearine (from »t«f>, tallow), others are fluid even at .'i2'^, as olgine (from I]l«mv, oleum, oil). In mutton tallow, the solid fiitty ingredient has been found to difler from stearine, and on account of its mother of pearl lustre, it has been called margarine; sometinies, in separating a fat into its dilTereiit ingredients, these three ao-called primitive fats are not directly obtained, but chemical com- binations of them indefinite proportiona; as. for instance, in olive oil. AU (he fats are, therefore, either direct mixtures of oleine with stearioe, (or margarine,) or are combinations of these with each other. If the solid ingredient of a fat preponderates, or if the fat is itself mwe solid, its melting point is raised ; if the fluid fat is in excess, it is lowered. The varieties of tallow belong to the first kind, the oils belong to iIm last; between them are the diHerent kinils of grease having a salve-like consistence. The methods of illumination are partly cal- culated for solid fats (rich in stearine), parlly for entirely fluid fats or oils. For the varieties of grease, the consistence of which lies between 114 THE MATERIAL POR PROUirCtfffC LIOHT. the two, Crutrhett's g!is apparatus has been devicetl. For iUumi- nation, the IbUowtng varieties of oil and fal possess interest : 1, rape oil; 2, olive oil; 3, oil of madia sativa — lliese are of vegetable ori^n; Hiid4, wax; 5, Sjiennaceti ; (J, truiri oi]; 7, taUow, of animal origin. The comjjosition of the most of these in 100 jiarls has been ascer- tained as follows: Voiirly of Ful C>rii«n. II>'<lrO)c«li. litygtn. Sw0M nil (olive) . . 77.2 1 13.38 y^3 (iay-LillMSC and UtA- nnni. Wax, wliiW bw* . . 81.80 13.'J7 5.54 ■• Bn^Jlinr . . 74.lt 11.77 14.12 i OpiiennsD. ft " Casi-liidinn . . TttQT 12.07 10 37 SpennMcii .... Mutum Ullow . . . 81.00 78.10 i».80 11,70 6,60 ejo 5 Chcviwil. palojibon}' (ronn] 7«^7 10. I& 10.&8 1 S#ll una BluicliM. The specific gravity at 59° F., of all except two, was less than that of water, and found to be : BkiMusi outnpenrw O.iitSlI •* napu» . .O.fl'JS Olirt-oit . . . .OIHTG Fur the oil frotn : Madimil . . . 0.9170 BeuB-wiui . . . O.0I3OU Bmr.ilbn wnx . I.I)L(H) Pjui IiKlian wax . lAlW SprrmiLcoti . . . U.M30 Tmin oil ... , O.W7(l The temperatures at which these fats pass from the iluid (o the solid state, and vice versi, are very variable, and were found to be: BrkMica nB[nia . . — ft' C. (SI* F.) Bm/.ilinn wok . -4- fl"" C. {WT* F.l •* tamposuii — 4* ■' {i!fl ' ) Eiwl Imlinu wax -\|- 4fl' " (lai-) Oltv<>cil . . . + S.rf' • C:)fi.a' " ) TmiiKitl .... Iji" " (33= F.) impf. M»<Ji»-oil nol oven nt 25* " {77* " ) Sji.rniiii.flti . . . 44.7" " (llS" F.) Sm»-wu . . . 4- fi3* - (145" " ) Tallow . . 37« w 40* " (&'J»— 104» F.j . The vegetable fats are most abundant in the fruit, particularly ia the seed of tlte plant. The olive tree, only, contains oil in 'he fleshy integuments of (lie fruit ; as a rare exception, it has also been found in the root. It will appear from the sequel, that the method of gather- ing and procuring the oil is dependent upon these facts. Rape oil. — Several species of the genus Brassica belonging to the familyof Cruci/Vrtf, as winter rape(B.ric/rtw), summer rape (JS. precox), common wild navew(i?. campestris), aad Brassica napo-bratsica^ cou- tain this oil in the small, round, dry seeds of their pods, together with a considerable quantity of mucus, albumen, and other substances. When the ground seeds are pressed, the whole of the fluid contents flow out, t. e. in addition to the oil, a considerable portion of mucus and albumen, inasmuch as these are dissolved in the natural juices of the seed ; the latter are present in larger quantity in fresh seed than in such as has been kept. To avoid these admixtures, which are in- iuiious to the oii as a source of light, only sucli seed is pressed as has been kept for several months {the dryest possible seed previously warmed). The albumen in the seed is thus coagulated, and can no longer be pressed out with the diminished quantity of water; the mucus is also reduced in quantity. Ao upright rolling millstone (granite), like those used in fruit mills, THE UATKRtAL FOR PRODDCIKG LIGHT. 115 is most appropriate for grinding Ihe siAe<l seed. As the touglmess and hardness of the grains att; tiy ihis meoDS, only imperfectly over- come, or require a ten^h of lime, il is better to puss them previously tbroiigfa the cruslkiug mill. Thus bruised, they are soon (rround tine ander the millsione. For acceleraling the worli, a blade revolves with the stone, for turning up the mass, and detaching that which adheres to the under stone, and reluming il constantly Into the track (behind it) of the roller. The fine flour of the seed is genernlly heated in iron pans over an open lire, although the practice is by no means judicious. Tlic object of doing so, in addition to what has already been men- tioned, is to make the oil more limpid and more easily expressed, for which, however, the heat of boiling water is 8u(hcient. The unilbrm action of boilers healtvl by steam, prevents completely the evils arising from partial and excessive beating, which always occur at (he top and bottom of the common pans. The heated flour is put into cloths (these are best taade of wool, and wrapped in horse-hair cloth), in portions, and placed under the press. It is easily understood, wliy the oil dis- seminated through a large mass of seed, can, on account of its thick coDsisleoce, only be expressed by a powerful and continued pressure. Where expense is not so much an obji^cl, Rramah'K press is (lecidcdly to be preferred ; in olhcr cases, and generally, indeed, h wedge press is employed, which works as powerfully, although not with so much ease, an<l with much more noise. The filled cloths are laid between strong plates ft and g, and placed in a square space cut in a solid block of oak wood, or as in Fig. 13 in a cast iron case a, and the plates arc Pig. 13. forced nearer and nearer to each other by driving in the wooden wedges which occupy the remaining space. One of these wedges 6, •erves to facilitate the disconnection of the apparatus ; the strokes which drive in the wedge c, tending, from the reverse position of ft, to drive it out ; /e and d are intermediate pieces to prevent the wedges from coming into immediate contact. The pressing plates are each provided with 3 side ribs, the immovable ones h h press against the sides of the case, and the movable ones g g against the intermediate wedges df^ and they are pierced with numerous holes to allow the oil to flow out more easily. On fdling the press, the wedge b must be suspended (by a string) at a distance a from the bottom, that the ap- 116 THE MATERIAL FOR PRODUCING tlGHT. paratus may be easUy takea to pieces. The (hI trickles from tbe pressing plalirs, through the pirrrcd horizontal platPK o o, upon which. J theae rest, into the pipe p. — Both b and c are driren by separate! stampers, u'bicb are ruisetl by a toothed wheel. Brassica napus produces nearly 33, B. rapa only 16, B. campetirit- 39, B. napo'brasnca 33, B. prmoox 30, and Madia sativa as tbe measa quantity 32, or between 25 and 50 per cent, of oil. Oiire on. — The olive tree {OUa Europaa) belon^nf^ to tbe family Jasminacea, produces a kernel fruit, tlie fleshy, greenish brown integu-J ment of which contains an oil that eiceedH all other vegetable oils ill' sweetness, and in the property of being saponitied. The more com- mon kinds only, which cannot, be made into soap, are used for burning. Although the fruit is very juicy as compared with oil-seed, yet a cerltua turgidily of the tissue, and the hardness of the stone, (which is not ^H removed, as it would involve a loss of time,) offer no inconsiderable ^^ jcmtance to 'he press. For the production of oil of the best quality, ' salad oil, tbe carefully collected crop should be put under the press as quickly as possible, ycl a practice which has been handed down by tradition is found advantageous, according to which a certain amount of fermentation is allowed to proceetl in the mass of heaped fruit, which decomposes the socalled water of vegetation, t. e. kills (be otivea, aoflens them, and causes them to part with a larger quantity of oil. This fermentation becomes perceptible by the heat that is generated ; in a layer several iocbes in thickotss, it cannot exceed 96"^ F. without injury to the quality of the oil. If the temperature has risen too high, and the juice flows out brown and decomposed, which is oflen the case, ^H the oil is always of very inferior quality. The slightly fermented fruit -^^ is first bruised into a soft dough in fruit-mills with upright stones, collected in rush sacks, which, to the number of 18 or 20 at a lime, are placed under a kind of wine press. It is necessaij to tighten the press as soon as the oil has run ofT afler each jerk, and has bad time to separate from the doughy mass. Tbe product of this flrst pressing is iho. finest oil, virgin oil. What remains in the cake will not flow otf of itself. The press is, therefore, taken apart, the cake is broken up in the bags, and the nearly dry residue digested with hot water, and again put under the press as before; this operation is repeated two or three times. For the reception of the water containing the oil, two tanks are used, so arranged that in the one the liquids leparate into two layers, whilst the other is filling. Tbe upper layer consisting of oil is taken olTwitb scoops, the water bt'low, which still contains oil in suspension with mucus, is collected into a cistern lor . birlher separation, from which the water can be removed by a loa^ 1 syphon. The oil from a larger quantity of press-water than the cistern can properly hold, is allowed to collect in it, by drawing off the lower water which is free from oil, before the whole quantity is admitted, 1 When a sufficient quantity of oil swims on the top, it is skimmed ofl 1 as oil of second quality. The growers of oil fmd that the residue aAer the second pressure still aflbrds so much oil of the worst quality, as to make it worth while to submit it to a third operation. The crushed clabipicatiox or the oil. 117 cake from ibe press is stirred tip vitb a lai^ quaotityof water, so as to become quite muddy- The broken stones fall to the bottom, whilst tlie soft kernels come to the surface, whence tber are collected with hair sieves, and dried orer a tire until they ft>na a stiff paste, which is then submitted to the third prt-ssure. All the Tarieties of oil remain about 30 days in a warm place (not under 68° F.) in casks, before ifae^r are sent off, that they may twre lime to depo&it thtrir mucus. MaiHa Oii. — The plant from which this oil is nbtalned. Madia saiirn^ belonging to the syngenesious family, originally indigenous to Chili, has lately been successfully introduced into Europe. Tbe oil is obtained as from other dry seeds, in the manner which has been described, but it must be remarked, that sweet salad oil, for which purpose Madia oil may be used, should always be prepared in the cold. It has a gulden yelloxv color. Train Oil. — A great number of ships bearing all colors, set sail yearly to tbe Polar Seas upon the whale fishery, their object being partly the whalebone, but chiefly the blubber of the Gsh, M-hicfa pro- oiioes a fluid fat, train oil. Seats and dolphins are taken for the same purpose. The whale fiidiers merely cut out the blubber, pack it into casks, and cany it to the sea^ports to be melted out. The carriage gives rise to an incipient decomposition of the animal matters am! of the fluids attached to the blubber, which, although it aids the melting, occasions the formation of a peculiar fat, consisting of phocenic acul and oxide of glyceryle, and is the cause of the nauseous odor which accompanies all train oil. The cellular tissue nf the blubber becomes thus so disinlegrated, that the ffll runs otT by itself, when the whole is put into casks with wire-work bottoms, such as are used in the melting houses. The train oil is heaie<l to 2X2"^ >'., that the impnri- ties in suspension may the more easily separate, and the clear oil is drawn off from the thick portion, after having stood for some time. Clarification of Oil. — The different fluid oils which occur in com- merce, particularly rape oil, are by no meanx perfectly free from mucus and other maltcrs of tliai kind which are expressed at the same time. These substances act in a very different manner to the oils during combustion ; they do not possess the essential properly of leaving no residue. It is well known, that the combustible oils do not withstand the energetic action of concentrated acids; if the action of these, however, is weakened by lessening their quantity, if only 1 to 2 per cent, of sulphuric acid is used, the acid then chiefly acts upon the Ibreigu associated matters, and very much increases the combustibility of the oil. The acid first removes tbe water from the mucus, by means of which it wa.4 held in suspension in the oil, and chars the mucus itself to a black mass. Tbe oil itself luo is some- what acted upon: it becomes green or dark bmwn, anil after some time deposits a sediment of the same color, becoming then perfectly dear. Thenard first applied these facts lo the purification of oils upon a large scale. It will be easily understood, that the action of the acid must more or less depend upon the amount of contact be- 118 CLARIPICATIOIf OP THE Olt. tween the two fluids and upon the temperature. At a temperature of 140^ to 158^ F., the quaulit)' of acid may he reduced (o \| per cent. Besides the (decantiog) tubs for deposition, there must be agitating tubs in a clarifying work; these should either be immovable, with a movable fan in their axis, or should themselves be movable round their axis without it. From 1 to tj\| per cent, of sulphuric acid is gradually added in a thin stream with constant agitation to the pre- viously healed oil in these tubs. When it is borne in mind, that the same quantity of steam (at 212°) which will raise 1 part of water 103^, will raise 3.2 parts of oil to the same temperature, iti conse quencc of their diflerent specific heats, the advantage of steam heat will be obvious in an oil refmery. When, after continued agitation. the dark-colored oil io the tubs is evidently composed of a clear fluid vrith suspended tlocculent matter, the action of the actd is then finished, and warm water of 110° F. (} as much as of the oil) is added, keeping up the ngitalion, lo separate as much as possible the acid, and prevent the metallic vessels from beiug acted upon in the subsequent employment of the oil. The water, intended to separate the acid, collects, after standing for several days, under the black flocculent matter at llie bottom of the depositing tubs. The clear oil above both, however carefully it may be drawn off, must always be filtered before becoming cold, and for this purpose vats are used with conical openings in the bottom stopped with cotton plu^s, Baskets lined with mos.s or cotton answer the same purpose. The filtration is always a difficult operation, the plugholes becoming conslanlly and quickly stopped. It is desirable, although seldom put in practice, to use milk of lime, and a cttrreni of steam to remove the last portions of acid. Methods of clarification, tike that proposed by Wait, ia which oxidizing substances are used, as chromic ncid, and that of Cogen by means of a solution of potash, require further experiment to prove their advantages. On the whole, clarilied oil is not much lesA colored than crude od, and, according to Hr&ndes, almond oil only, and not the combustible oils, can be decolorized by the most powerful means, as animal charcoal. In train oil, the !m{}urily is not mucus, but animal gelatine or glue, and besides this, volatile, fetid matters. Some use a solution of tannin for clarifying it, which forms, with the gelatine, insoluble flakes; others employ metallic salts, as blue vitriol, or sugar of lead, which act in a similar manner. The nauseous odor is best removed by bleaching powder. Of all duids, the oils expand the most by heat, and, indeed, to such a degree, that it becomes necessary for commercial pu^wses to know the extent of this expansion. For every degree of Fah. the Tolume of olive oil increases, according lo Preisser - — -, of rape oil * JuU - — -, and of train oil -t^t^i so that 100 measures of train oil at 32° Fab., will become in summer at 68^ F. 102 measures. Another MELTIIIG AND Pt'lilFICATIOlt Or TALLOW. 119 property, in which (he differpnt fluid oils varj- considerably, and which has considerable influence upon thfir value as combustibles, is their degree of fluidity, which is estimated by the time required for a given quantity of oil to flow through a fiinnel of known dimensions. Scfaubler and Ure obtained the following results upon this point. FlnkU. Time i«<iwlr«d » flow FloHiiy. Vaiec K too. Wktor 9U tMmxb. Oil gf BriM. aunpmiia ... 143 ■ " tiapua .... ■ ■ prvros .... " ■ iMfjfrlraM. . . " " «p« 0U»» oil Tnin oil, MeordinK to Vn Of Tailoto. — In the animal body there exists a peculiar sicin-like tissue, filling up the interstices between the different organs, and sur- rounding ihem in all directions, the cellular tissue. In certain places in the so-railed caul, for instance, the single cells formed by thin membranous walls are the chief depositories of anitnat fat, which, in the form of globules or small drops, swim in the animal fluid with whieh the cells are filled. Mttting and Pvrifictttum of Tallow. — In niminating animals the firm and (at common leinperalures), solid nature of (he fat is charac- teristic; oxen, stags, sheep, goats, all furnish tallow, although not quite of the same quality. From the scarcity of the other kinds, ox tallow is alone used as a source of light, and a small quantity of that of sheep (mutton suet). As far as their application is concerned, they are alike in properties. As a general fact, the more solid the tallow, the more valuable it is for our present purpose, and this quality of the fat has been found from experience to be greatest in animals fed upon dry ripe fodder, and least in such as are fed upon grains. Hence the tallow which comes from Russia, where the animals are fed for eight months upon diy fodder, is generally superior to that produced in Ger- many. The object of melting out the tallow is to unite the globules of tallow into one mass by separating them from the cells; for candles, certain parts only are used, namely those round the caul, and those in the neighborhood of the heart, nf the kidneys, and of the intestines. The plan, now generally, and formerly universally, followed for puri- fying tallow, is by the aid of heat alone, which, however, mu.st ex- ceed that of boiling water if the whole quantity is to be obtained. With this view, the fat is cut up into small pieces, and melted in a boiler over an open fire. The cells are first burst by the expansion of their fluid contents; a milky liquid is formed, which becomes clear by degrees, as the water contained in the cells, or which, in some cases, is added in small quantities, evaporates. The heat is now con- tinued and increased until the jiarticles of skin, having tost all their water, appear bard and somewhat baked, and no longer yield any fat. 120 MELTING AND PURIFICATION OF TALLOW. At this period the fire is so far modilied ait to leave the fat in a iluid slate at the top ; this is strained and poured out into blorks; the resi- due, baked a s(-cond time and pressed, furnishes a second portion of inferior quality, and genernlly colored. As a mnxirnum product, which is seldom aetually atrained, beef suet gives 9f> per cent, of tallow and 2 per cent, of refuse; mutton suet 91 per cent, and 4.5 per cent, of refuse; in the latter, there generally remains a considerable quantity of tallow, which then amounts to 8 or 10 per cent. There are several objections to this generally-adopted melhod; the cells are imperfectly destroyed, and become so hard that Ihey do not rea- dily part with the lallow under the press. It is also impossible 16 keep up a uniform heat throughout the melting inass; a1 the bollomv it is too high and injtirious lo the color and fjuality of the fallow; it there becomes soller and more fusible, and takes up copper from the sides of the vesjfel. Lastly, during ihe process of raeliing, the ani- mal matters evolve inflammable (and, therefore, dangerous) gases and vapors, which carry with them such an intolerably nauseous odor that only long habit enables the workmen to bear up against them. The use of steam alone, instead of an open tire, is but a partial remedy, for the teroperalure is then always too low; and by conveying ihe steam directly into the fat, the membranous substance becomes con- verted into glue, which is then dilKcull to remove.' But the use of mechanical power, which has been applied in some places, deserves every commendation; the cells are either torn or crushed by upright millslones or in mortars, and when this is once eflected, it is only necessary to obtain the requisite temperature, and the tallow separates perfectly lluid. With the same object in view, but by chemical means, Darcet, by a method which is acknowledged to be excellent, causes weak sul- phuric acid to act upon the tallow, which, destroying and breaking up ihe cells chemically, also combines the advantage of preventing, with careful management, the evolution of the fetid vnpors, or at least of rendering them much more tolerable under ordinary circum- stances. His plan is to melt the crude lallow with one-half its weight of water, which has been previously acidified with 3.3 per cent, of sulphuric acid, and to retain this at the boiling temperature until the separation of celluliir and fatly matter is complete. .Although the inventor proposed his plan for working with an open fire, yet the separation is so much aided by Ihe presence of the acid, that the tem- perature of boiling water is sufficient to complete Ihe pmcess, i, e. steam may be used. In Taulet's apparatus, steam heat is applied from without ; in Champy's, steam is admitted to the melting mass, by which means the cellular matter is made so porous as to he easiljr pressed, or by a second boiling, parts with the whole of its tallow. Experimenls with the former apparatus produced from 2 lo 4 per cent, more than were obtained wiih an open fire; with respect to the immediate introduction of steam, il has been found practically better STEARINE. 121 to use less water with a greater amount of acid (about ( of the weight of the tallow anil (i [>er cent, of ncid), »s the condensation of the vapor then establishes about the ripht proportion. L'pon the same principle as that of Darcet, a toethoil proposed by Lefebure is founded, which recommends the finely divided tallow to be macerated three or four days in an acid bath, and then to be melted in a fresh bath. The greater part of the tallow of commerce has been prepared with so little care, that it cannot be used by the candle makers without being remclled and purilied. They call this operation clarification, or renderijig, by which is to be understood a remeliing with the aid of »Q» called means of clarificalion, which are nearly everywhere different, and consist of the most heterogeneous salts, as vitriol, saltp>i!tre, sal ammoniac, common salt, alum, bitter salt, glass skimmings, and which are intended either to render insoluble, residuary portions of celatine or glue, or to convert the water into a specifically heavier liquid, which then subsides more easily with the impurities. Lastly, it is worthy of notice, that Darcet has proposed to carry off lilt: fetid vapors, which cannot be entirely avoided, by a strotig draught into the chimney, or to conduct them to the hearth, and ihua render them innoxious to the workmen. The hood and conducting pipe, with which tlie boiler mu»t tlieu be supplied, unfortunately obstruct the process. The use of acid not only affords a larger produce, but haa nnolber vtty great advantage in making the tallow harder and more so'noroas. Of Stearine. — Amongst the proximate constituents of tallow, as they have been investigated and s«pnrated by Chevreul, there are some which possess a much higher melting point than tallow, and at com- men temperatures are firmer.dryer, and even brittle; in other respects they are quite analogous to fat, but have ceased to feel greasy and to stain ; iu short, they possess those properties in the highest degree, which manufacturers have endeavored to confer upon tallow by the di&reni modes of hardening, and which render it more similar to wax- For a long time two of these constituents under the deoominatton x/rortne, have been an article of manufacture, two substances which are related to each other as a salt is to an acid, therefore, chemically quite distinct. I'he one of these substances is called ia scientific language stearine, and has already been noticed (page 103); the other is ttearic acid. Whilst in the lirst instance stearine alone was the object of manufacture, this has of late years quite given place to the prodaclion of stearic acid. Melted tallow is completely dissolved by eight limes its weight of ether; on cociling- the oleine on'y remains disaolved with a very little stearine, which almost entirely crystalizes, and can be completely purified by washing willi ether. When fused, it is a solid, pulverizable substance, does not stain, and is translucent like alabaster. Its pro- duction on a large scale is not so much an absolute separation of stearine from oleine, as an augmentation of the quantity of stearine in tallow, which in its oatural state contains } of its weight of stearine. The m RTEABI.NE. method actually in use is very simple. Completely fluid and tronspa- I rent melted tallow is allowed to rool a.s gradually as possible with con- slant agitation Xo about 100° F. At this temperature, the stearioe only has become solid in the form of numerous small crystals, which, swimming in the flaid portion, thiclcen the whole into a whitish (urbid pasty mass, this is then placed in cloths and slowly pressed, in the manner and machine about to be described when treating of stearic acid, during which operaliori the greater part oflhe oleine is imbibed by the woolen cloths. By repeating the operation, a solid cake of stearine is obtained purer and purer aOer each repetition, and wfaicb^^ approaches in properties very closely to that already described. ^H The observations made by Liebigand Pelouze upon stearine render it highly probable that it must be considered, as is generally admitted, a salt of two bases. One of these is substituted by water, the other is the oxide of a compound radical Glyceryle = C^ H„, with 5 atoms of oxygen, which is contained in all fats, and is known by itself in the form of a hydrate = C^H,., O, + 3 H, O. The acid of the salt has the properties of a fat, but outwardly resembles stearine: it is stearic acid. In a similar manner, oleine is a salt of an oily, fluid, fatty acid — of oleic acid, with the same bases ; and tallow itself must, therefore, be considered chemically, as a mixture of peculiar double salts of the fatty acids" with water and (he oxide of glyceryle. ' The principle upon which the separation of stearic acid ia founded, is the displacement of the oxide of glycerjle by a powerful mineral base, for example, lime. The residting mixture of stearate and oleate of lime, is decomposed by the addition of sulphuric acid into sulphate of lime, and a solution of stearic in oleic acid, which by crystalizalioa and pressure are separated from each other. For convenience and economy, steam heat alone is employed in thi manufactories of stearic acid. A steam boiler, with a safety valve, .•sup- plies steam to all parts where it is required, by means of proper pipes and Btop-cocks, and first of all to the lime vessels. These are wooden troughs, lined in the interior with soldered leaden plates, [to prevent the absorption of fat, and the destructive influence of the acid,) into which, at the bottom, a branch of the steam pipe enters, furnished with a separate stop-cock, and opening in the form of a rose. ^Vhen the first trough has been filled nearly to the top with water, it is charged with the tallow in fragments, and when, afler opening the steam cock, the charge is melted, fresh milk of lime ia added, i'o ensure success, rather more lime is added than would theoretically be required ; if the tallow consisted only of stearic acid, 11 per cent, would be required; 14 percent, is the quantity generally used. In a few hours the decom- position is completed, if the whole has been constantly agitated. The transparent la}'er of fat swimming on the surface of (he water, has now become converted into a gray, crumbly mass, no longer fluid, in fact, into a lime soap, (slearate of lime mixed with oleate,.) which is insoluble in water, arid remains as a distinct layer on the top. On being sepa- " Bf«i-ln oXeia itnd i«irie nciJjt, It (■.oninitis (prinripnlljr in mutton >uei) margnrif sxvi^ feiy MRiilui tu tirraiic ar'\<\. niiil combined iii Ibe WBxaa mwiner. te .. J rrxxiitsE. 123 rated, the oxide of gfjcerTk takes up vaier to km kjdratnl oxide oT gWcerylc (commoo^ caU«d glvcerine) ; ir is a synipyt sweet fluid, amouoling to about 10 per cent, of the tallow, and dissolves in the excess of water present. Jn the mean time, a Koond tRweh has been got ready to receire the lime soap vithout the vater, and into it the necessary quantity of mlpburic Aod has been added. It is known bj eTpenence, thnt the soap contains 10 per cenL of time, and that 17.2 parts of sulj^huric acid are required to decompose it. It is theirfore necessan to use at least 18.5 p«rts of commercial sulphuric acid of specific gra^itv 1.832, and these should be prenouslr diluted with 6U to 70 times their tolume of water. Aided by the heat of the sfeam,tfaedecompositionof the lime soap is rapidly accompti^ed ; ^oerally in about half the lime that was expended in itN formation. At first it softens, then becomes more fluid and clear, whilst the water below becomes turbid from sulphate of lime, which sinks to the bottom, and at last, a clear, peifecOy trans- parent layer of fat-hke oil separates upon the surface of the water. The steam cock is now turned otC, and the fluids separated; the fat is transferred to the moulds, in which it sntidifies in square blocks of ^ cvt. each. These are of the same character as tallow, only yellower and discolored: tbvy coRM»t of a mixture of oleic and stearic acids, which have now lo be separaml mechanically by the press. Before they can be put under the press, it is necessary to reduce their sixe. For this purpose, a cutting instrument of the following construction is used : at the mouth of a wooden trough, which is open in front, and plactd horizantally u{)on a stami, a wheel rotates with i-iirved spokes, upon which planes or blades, all of the same kind, are fastened, and which consequently act in the manner of curved sabres. The axis of the wheel, traversing the whole length of the trough, turns behind in a plate, and is itself a screw throughout its whole length ; lo the female screw is attached the stay of the block of tallow. The result of this arrangement is, that the block of tallow is limught forward to the cutters for screwed forwartl) just in proportion as it diminishes in length by their action. The shavings, O.H lines in thick- ness, are packed in layers of slight thickness, in cloths of strong woolen, unequally woven material, and placed between hurdles of basket-work, ami sheet-iron plates, upon the slabp' of the hydraulic press Figs. 14 and 15. The essential parts of this machine are a pump a, (Inrcing and sucking pump,} which is in connection with the cylinder c &, by means of the tube /, o, u. By the workman at the lever /, water is drawn up from the reservoir b, and forced to c c, with a power equivalent to that of the man at /, and the action of ihe lever together. In ac- cordance with the law of the pressure of Ihiids, Ihe pressure received by the piston s is uniformly coinmiinicaled to c c', and is there ao exerted, that every portion of the surface wliirh equals t in section, receives a pressure equivalent to that exerted by s. As this takes place in all directions, not only the sides of c r, but nl»o the lateral surfaces and the base of the pifiton/i will be equally alTected. The pressure on the lateral surfaces is annihilated, but not so that on the 124 fiTCARINli:. base, as ihc other surface is outside the cyliDfler, vhere no compensaT- uig pressure is exerted. The pistoo p, ina^mucb as it is movable in Fig. u. Fic> 15. its stafliQg box, is therefore raised by a pressure which fxceeds the power of the piston of the piiiop, as many times as (he cross section of the latter is contained in that of the former. A portion of this force is, however, lost by tlie very considerablt friction to be overcome. The sieve ris for ker-ptng the pump ideari,,;?- is the safety-valve, jt the slop-cock, by which the machine is placed out of action, and the water allowed to (low olf at i>. If in a press of this kind, as it is usually employed, the smaller piston is 0.5 of a square inch in section, and the larger one 113 square inches, when properly worked, a pressure of 8000 cwt. will he distri- buted oter tlie surface of the pressing slab. In using the press it is absolutely necessary to proceed very slowly at first, and (o close the 8TEARIKE. 125 » ► Pi(. IS. ^ J press very graduiilly. By a simple contrivance, we are enabled to work at first with a lesser pressure, i. e. with a fhiclter piston to the pumpt and first towards (he end, with the whole force, or with the smaller piston, 'fhe sketch at Fig. 16, shows the principle of this contrivance. Between the cylinder and the piston of the hand-pump, is a hollow cylindrical piece /, which, by mere turning on the outside, may some- limes be firmly connected with the cvlinder, at others loosened from it, and ronnecled as firmly with the piston. During the working, therefore, the diameter of the piston may, as it were, be re- duced from d to (f , and the pressure proportionally increased. What flows from the press is oleic acid, with £rom 10 (o 15 per cent, of stearic acid, which solidifies in the form of a brownish-yellow butter. The cake in the cloths is of a whitish-yellow color, bdJ conidsis of stearic acid, some margaric acid, and about 1 0 per cent, of oleic acid. To complete tbr puriScation, a second similar, but horizontal press is used, called the hot-press, into which is put the cake of stearic acid, broken up and placed in fresh cloths, and in such a manner that oetween each two slabs of cast iron a bag, or cloth, with tlie cake is inserted. The slabs, up to the moment of their being used, are hung up in cases heated by steam. Afler rapidly inserting them, that the slabs may remain warm, the press is gradually cloced, as in the first case, and the pressure kept up as long as any oleic acid drops from it. The greater part of the margaric acid separates, in conseqoence of its greater fusibility (it melts at 140° F., stearic acid at laS^ F.)^ The cakes are thin, dry, and white, and consist of nearly pure stearic acid. The yellow spi'cks, which are here and there perceptible, where the pressure has been insuffi- cient, are carefully renuned, and the roinainder is melted at a low temperature ; on cooling It presents a calfe of a brilliant white color, with the lustre of mother-of-pearl, resembling alabaster ; it has a dis- tinctly crystaline texture, and an elegant appearance. Concentrated sulphuric acid [indeed, any strong mineral acid), will separate the arid.s from the tallow, (i. e. from okiiie and stearine.) Sulphate of oxide of glyceryle is formed, which dissolves in the watery fluid, and stearic acid rises with oleic acid to the surface, and these can then be separated by pressure. This simple process has not been adopted on a large scale, because the product cannot be obtained without much color, in consequence of the decomposition having been carried too far. The oleic acid, mixed with a good deal of stearic and margaric acids, which is constantly obtained as a secondary product, can be immediately employed with advantage for making soap, and for greas- ing wool for spinning. 196 SI'ERMACBTI— WAX. Spermaeeli. — In some of (he lar^r Cetacea, parlicularly in rtie whit' whale {PkysfUr macrocephalus) of the South Sea, There are peculiar cavities in the bones of the skull which lire filled wilh a kiod of blubber (a specifiraiiy li^ht substance), apparently intended to shift ibe specifjc gravity of the animal further backwards towards the mid- dle of the body, and thus to render it more capable of jivrimmin^. Immediately on leaving Ihe skull of tlie slaughtered animal, this oily fluid begins to de[M)Mt small erystaline lamin»' — spermnceti — in large quantities. By presseiro, (he greater part i^f Ihe fluid fat, or spemuiceti oil flows out, aad by washing with moderately strong potash ley,^j which attacks Ihe spermaceti wilh dilficulty, the remainder may b4^\| removed. The residue, washed and melted into cakes over watei^^^ forms the spermaceti of commerce. It is obtained much piirCT when the pressed mass is fused at 212° F., and treated with a solu- tion of potash or soda, which separates a bluish deposit that collects at the bottom. The clarified produet is allowed lo roul and crysliil' ize, and the operation is then repeated a second time. Lastly, aftj excellent means of purification is animal charcoal, wilh which tl pressed spermaceti is fused on a sand hath ; but then rery tiresome filtralious In heated vessels cannot be dispensed with. The name' spermnceti is derived from an erroneous opinion, that this substance is the spawn of the whale tribe {sperma ceti). Commercial sperma- ceti is very white, semi-translucent, like alabaster, and much resem- bles stearine; it feels like soap stone, is brittle, and has a lamellar^^ erystaline texture. — Its specific gravity is 0.943. >^\| Commercial spermaceti is, with the exclusion of a small quantity of Spermaceti oil, a peculiar fat differing chemicHlly from the other fats; it is called cetiae. Like tallow, it contains oleic and marg^rie acids, but these acids are combined in celine with the oxide of a radical cetyle (=C„ H„), peculiar to spermaceti, namely with oxide of cetyle ( = C„ Hy, 0), and not with oxide of glycL-ryle. Cetine is probably a combination of two equivalents of margarote of oxide of cetyle with one equivalent of oleate of oxide of cetyle. As from tallow we obtained hydrated oxide of glyceryle, so by the decomposition of cetioe we obtain hydrated oxide of cetyle. The spermaceti oil is low, has a weak, not exactly disagreeable smell, and is well suited ' for burning in lamps. Wax. — -Not wilh standing (lie similarity in outward appearance, and in its applications, ihe wax secreted by certain planlK musi be dts- tinguished from another substance bearing the same name, and for which we have to thank the social activity of bees. Contrary lo tfaa general opinion, it has been proved,' that the farina collected by these wsecls is entirely expended in nourishment for the larvte, but that the body of the bee is furnished with an organ, which from the nourish- ment peculiar to them, honey (sugar), fabricates and excretes in Ihe form of small Kcales, the very wax which serves as material for the eonitraciion of the cells and store chambers for that same nntriment out of which it has been chemically formed by the vital process. B/ tlie obvccvntbm of Hubei anil HunWr, WAT. »r Having got posjwssion of the koney-eomb bjr driving out the bees, the first objfct is lo let ihe virgiti ktmey flow rrnt, antt then to squeeze out the reraaitidrr by pressure. Ry simply inehing in boiling water, and allowing the wnx to cool slowly, the toor discs met with in com- merce are obtained, the lower brittle layer, containing the precipitated impurities, farioa, &c.» having beea remored. The crude or yellow wax is sometimes very pale, sometimes grayish, but gi-ntrally of a rery deep brownish-yellow color; it has a sharp, dry, granular and splintery frarliire, is not easily kneadcil, and when fresh ami pure, has a very agreeable smell of honey. The high price of thi.s arlicle of eommerce has given rise to a great deal of adulteration. The flour of peas, beans and starch, are Ihe most common materials for this purpose; sometimes they amount to 60 per cent.; even brick dust has been used. All these are easily detected, by oil of turpentine, which leaves them iindi-ssolved; the former are converted by sulphuric acid into sugar. Kesin is discovered by means of cold alcohol. The worst adultera" tion of all, namely, that with tallow, is also unfortunately the most difBcuK of detection. When the smell alone is not convincing, the formation of sebacic acid as a product of dry disitllatioa, proves the presence of tallow, Tlie foreign matters derived from the farina and the honey, and which give rise to the color and to the granular fracture of the wax, should be removed under all circumstances, both for the ttaLe of ap- pearance and because they interfere with illtimination. This is done by bUacfting. The facility with which wax is bleached, varies with the source of ihe wax, and is alsoditferenl at dilfereiit times; it should, therefore, be first tested in small quantities taken from various parts of the whole quantity to be bleached, that it may be sorted and treated accordingly. The destruction of the foreign matters in mux is easily efiected with the help of bleaching agents. If, for example, wax ts nehed with dilute eiilphuric aetd, it becomes decidedly darker, but exceedingly clear and translucent; and when it is now again melted with a dilute clear solution of bleaching powder, a slimy or soapy troubled mass is produced, thickly fluid, out of which weak hydro* chloric acid separates the wax as a colorless clear layer which comes lo the surface, and solidifies to a perfectly white disc. Wax so pre- pared, however, according to the experience of wax-ehandlcrs, does not keep its color; its whiteness is not permanent. They, therefore, exprei^sly refuse using it, and will only take wax bleached by the sdd, in the ordinary manner. By the common process yellow wax is melted over water in a vessel with a cock for decantation, and constantly stirred with about \| per cent, of tartar, which acts like a weak acid and clears the wax. After being left at rest for a few minutes, it is drawn offinto a second vessel containing lukewarm water, in which it is kept at a tempera- ture nearly approaching that at which it solidifies. In front of this vessel is a flat stone cylinder, or a kind of round grindstone, dipping half way into water. The pipe for drawing off the wax ends in a disc pierced with holes with a downward direction] and perpendicular 128 AEsm. above the stone, which turns apoD its axis, and is thus kept coi staatly wet. As soon as the cock is turned, the wax {>ours out in thin streams, which, falling upon the stone, become llHlTcne<l antl sink into the water in the form of thin ribbons. To lU-oolorize this rUh boned wax, it is spreitd out upon linen siretclietl in frnmes, and exposed to the dew and the tight of the sun, until no further alteration of color is perceptible. The ribbons are then only yellow in the middle; to bleach this pari, the wax is again melted and exposed, and this operation is repeated until it is perfectly white throughout. Tlic observation of the wax bleachers, that in rainy weather the wax gets n grayish tinge, which cannot afterwards bo removed, ts ai; remarkable as U is difficult to explain. Great loss of time — for it requires three or four weeks — dust, refuse, render the process very expensive. Bleached bees' wax is cast for commercial purposes lo small disc a few inches in diameter, and two or three lines in thickness ; it h a very slight tinge of yellow, is translucent, can be kneaded, but i brittle in the cold. It is composed of two substances which can be separated by alcohol, cerine and myricine in variable proportions. Under the name of Japan toax, differeut kinds of white wax, vary- ing at least in fusibility, are met with in commerce at dilTerent prices, the alleged origin of these from a Japanese plant, Rhus succt'dania, L., belonging to the family of the Anacardinea.-, still requires con- firmation. It is softer and more brittle than bees' wax, bears a strong resemblance to it, but is more fatty, and like tallow to the touch, though cnsily kneaded; its melting point is between IIM° and 108°, Containing twice as much oxygen, it is not so valuable as a source of light as bees* wax. It ditlers still more from bees* wax in ita composition ; being composed of a peculiar fatty acid, palmitic actd {Cji H,, Oj) with oxide of glyceryle. According to Solly, vegetable wax can be bleached easily and economically with nitric acid. With this view, sulphuric acid diluted with half its weight of water is poured into the vessel with the melted wax, and from time to time, uic hot mass being constantly stirred, crystals of Chili saltpetre (nitrate of scxla) are thrown iu. Whilst sulphate of soda is formed, tlie nitric acid, evolved in considerable quantity and at all parts, penetrates the layer of wax, and destroys the foreign coloring matters by oxidation. Resin. — The sap of the whole genus Pinus, belonging to the family of the Conifers, in the fresh state sometimes perfectly clear, at others only partially so, colorless or yellow, thickly fluid, and having an aromatic odor, belongs to the class of resinous vegetable substances called baisams; and is known by the name of turpentine. It is the solution of a re^n in oil of turpentine, both, of which substances stand chemically in such close relationship to one another, that the former is produced from the latter by the action of atmospheric oxj'gen. If oil of tur(>crttine => (C„ H„) is a hydrogen compound of a like nature to the hydrogen acids, i. e., a combination of a carbo-hydrogen with hydrogen (C^ II„ + H), and judging from experiment it cannot well be otherwise, then the formation of the resin is nothing more than an 4 RESIir. 129 I abstraction of the hyJrogen (H) by oxygen, for Ibe pcoductioa of water, and ■ snbslilution nf another equal quantity of oxygen in its place. Thereiin of lurpptitineis therefore a mixture of two substances of this kind, which are aJHed to the acids, and have a like composi- tion; they are sylvic acid(C^H„0,), andpinic acid (C^H^ 0,). IKf- fereut proportions of oil and resin, and certain outward indications, serve to distinguish the varieties of turpentine in commerce. Common turpentine, from Pinus $ylvestns and ahia (also called fat turpentine to distinguish it from oil of turpentine, which in the arts is called simply turpenline], contains from & (o 25 per cent, of oil; it is less clear, and whitish-yeltow, soon becoming hard. Venict iurpentine, from Pintis iarix, is beaulifulty clear and colorless, containing IS to 25 percent, of oil; the thinner Strasburg turpentine, derived from Pinus picea, contains 33 per cent, of oil. The Carpathian and Hun- garian varieties are obtained from Pinus eembrn and mugOy the American (Canadian) from Pinus canadensis and balsamen. Wlien common turpentine dries up, or hardens into resin upon the trees, it is called pine resin, or white resin. Internally it is soft, but harder on the outside ; it can be kneaded, and contains 10 per cent, of oil of turpentine. When it is coninlelely melied and (irained from the particles of wood, the only residue is (Burgundy) p»(cA, or cob- bler^s-wax. To obtain the oil of turpentine, which is much more Taktable than the resin, the turpentine is distilled in a copper retort, with about 4 part of water. VVhr-n no more oil and water passes over, the raelicd rean is drawn off and strained. On cooling, it forms a brown, trans- parent brittle mass, more or less dark in color according to the extent to which distillation has been carried, and is then called *rorin' or colophony. At a temperature of 156° F., it becomes soft, and can be kneaded, at 275^ F. it is completely fluid. Heated without access of air, it evolves gas, combustible oil, and an acid water, leaving about 0.75 per rent, of carbon as residue. Its specific gravity is 1.07 to 1.08. Colophony consists essentially of pinic acid, mixed with a little sylvic acid; its dark color is attributable to the easily decomposed pinic acid, which has been partially converted into an- other resinous acid, colophonir acid. By fusing together 3 parts of colophony, and 1 part of white resin, another resin is produced, which is also sold as cobbler's-wax. For the same purposes as those tor which pine resin is used, besides the resinous and tarry products of the dry distillation of wood, certain fossil substances of a .similar kind are employed ; these are partly fluid, partly solid, and impregnate the sand, clay, and limestone deposits of the secondary funDation. In Genoa it is reported, that the naphtha of a neighboring spring (Amiaoo) is used for lighting the streets ; on a larger scale in France, the bituminous shale of Autun (Dep. de Sadne et Loire) is employed for gas illumination, and is distilled for this purpose with aqueous vapor. The shale produces from 10 to 25, sometimes as much as 50 per cent, of mineral tar, from which ga.-) is prepared. Of Coal. — All tliat is requisite for our present purpose, concerning the properties of this substance has already been stated at pages 35 130 ILLVMIXATIOff. and 54. Those l^intls of coal are Wsl fitted for illumination, which produce, when distilled, the most luminous and Ihe largest quantity of gas; in general, these are such as cake, and leave little, or else rery porous, coke, properties which depend not so much upon an excess of hydrogen aa upon the general constitution of the coal. Id England, the best gas for illumination is almost entirely got from can nel coal. Of Hlumijialiont and of the Methods of Reding U. — As has already been pointed out, the methods and arrangenjcnta for obtaining arli- ficial light, vaiT with the nature and properties of the material, although on the whole the same principles are observed throughout. All the substances producing light, which leave charcoal or other residue after decomposition, can only be used for gas iLlumination ; the others, which leave no residue, or mere traces of charcoal, are burnt in lampty when they are fluid at common temperatures (oils), or as candles^ when ihfy are solid (tallow, wax, &c.j. Of Candles, and the Modi of prtparing them, — Candles are cylin- drical or slightly conical rods, formed of solid fat, in the axis of which a bundle of parallel or woven fibres of cotton is enclosed. Taltoto Candies. — When tallow candles are made by repeatedly dipping the wick into the melted fat, they are called dips, to distin- guish ihena from moulds. For moulding, besides the common metal inoulda (a mixture of tin and lead}, moulds of glass are used. The former are very slightly tapering tubes, polished inside, Fig. 17, a, the lower end of which terminates in an open pmnt b. irVr fflSBAil ^^ ^^^ ^^^^ '^'^ candle frame many of these 5\|jt vl9v^ moulds an; arranged in holes made for 1^^ ^^^^ that purpose, and rest in these upon -^^W I^V shoulders somewhat below the upper on- lice, in such a position that the point of the future candle shall have a downward direction. The wick passes somewhat prominently through ihe aperture 6, where it serves as a stopper, and is fastened at the lop of the vessel Ji which forms a part of the mould, and consists of a mova- ble lop, titling exactly into the tube with its narrower part m. From a point in the margin c, a piece e is soldered in Ihe direction of the radius with a round opening or eye n, so that the two orihces for the wick n and b are exactly opposite to each other, and the wick itself is thus brought exactly into the axis of the mould. The upper end of the wick (or the lower in the candle) is previously saturated with tallow to give it more consistence. Otherwise, when the little vessel .lis not used, Rs with the glass moulds, a peg is put through the end of the wick formed into a loop, and rested upon the end of Ihe mould, whilst the wick is pulled tight from helow. Candles arc also made in which there is no visible wick at the base, but which have the appearance ri\|. 17. ARD THE MODES OF EFFECTING IT. 131 of being quite massive. In matcincf Oiesc, a wick is chosen some- what shorter ihan t\w. mould, am! is kept light in the first instance by a looped thread, which is afterwards drawn out. Whatever arrangement may be adopted with the inniilds, it is always absolutely necessary that a certain quantity of tallow should be melted and cast in an upright position. It is essential in mould- ing that the tallow should completely fill the mould, that it should remain entire on cooling, without cracks, and should be easily removed from the mould. These requisitions can, however, only be attained when the fatty particles at the sides cool more quiclcly than those in the interior, and when the whole candle is rapidly cooled, f. e., when it contracts but little. For this reason, a cool season of the year is preferable; but a certain condition of the tallow, namely, that which it possesses at a temperature very near its raelling-point, is absolutely necessary. The candle-makers recognize the proper consistence of tbe tallow for moulding by the appearance of a scum upon the sur- face, which forms in hot weather between 111° and 119° F., in mild weather at 108°, and in cold at about 104°. The tallow is usually melted by itself, sometimes, however, over a solution of alum. The filling is gi-nerally done with a small can, but much better with a tinned iron syphon. The candles are most easily removed from the mould the day after casting, to be cut and trimmed at the base; when the little capsules are used, the whole portion with which Ihey are filled is removed. In the process of dippirtf^, two vessels are used, one for melting a supply, the other containing tallow in the proper condition for dipping. The wicks, according as 6 or 8 candles are to go to the pound, are hung side by side on a wooden rod, broach, 16 or 18 together. That the broaches may be set aside conveniently and without interruption during the operation, in the same order in which they have been dipped, a frame of laths [the port) is placed over a flat tray to collect the droppings. The first thing in the operation is to saturate the wicks with hot tallow; cold tallow would not penetrate sufficiently into the fibres of the wick, and would become solid long before the next operation, the dipping. The saturated wicks are rounded and smoothed, either in the palm of the hand or upon a Hat board, and taken lastly from the port in the same order in which they were saturated and dipped a broach at a time. The dipping is done by a quick, steady motion of the hand, only 1o be acquired by practice; having been once dipped in the upright vessel with oooled tallow^ the dips are placed again upon the port, and the operation is repeated again and again in the same order until the candle Las acquired the proper thicknesti. By a more or less dee\|) immersion in the tallow, and particularly at last, when the candles are left so long immersed that the lower part may be melted off, the natural tendency of the tallow to collect in too thick a layer below is obviated, and the candles assume a cylindrical form. In some places the wicks are attached to the edge of small discs, which again are arranged on the periphery' of a wheel movable upon a peipemlicular axis, so that, as the wheel 133 IllUMINATTOie, is turneil, ihf Ai$c-» are Ruccewively hroiiglit aboi'e the melte<i lallow, and can be detached for immersioti. A warm piece of iron with a round hole to suit the size of the candles, aids in giving item their regular form. Although the process of dipping is much more laborious and trou- btesome than moulding, yet it admits of inferior kinds of tallow being employed for the inner parts, whilst thu best is usetl for the outer. It must be fnrthcr rcmarWpfl, that storpd cnndles are very much better and harder than those freshly prepared, and that these latter often turn out yellow, but can always be bleached by exposure to the air. Wax Candles. — Wax is not adapted for moulding, in consequence of the contraction which it undergoes in cooling, and the tenacity with which it adheres to ihe sides of the vessels. The method adopted in preparing wax candles is, therefore, more analog-ous to the process of dippitig, only that the wicks, instead of being dipped into the wax, are hasted with it. The wicks, previously warmed ia a stove, are attached to a ring of wood or metal, suspended over the melting vessel, in the same position which they eventually retain in the candle. WTiilst Ihe wick IS kept constantly turned round its axis by the fingers, hot melted •wax is poured slowly oa-er it from a ladle, beginning about 1^ inches below the loap; by turning (he ring, the nest wick is put through the same operation, and so on. Before more wax is poured over the wicks, their position on the ring is reversed, and that no wax may attach itself to the free portion of the wick, that part is covered with a cap or tube of tin. Wax is now again poured upon the wicks one after the other, keeping them constantly turned round as before. When the candle has attained a propor thickness at the bottom, the basting ceases, that the bhape, the bottom being always tbiooer^ may be made uniform. This is done by rolling them upon a wet table with a rolling boaril! whilst they are still warm; and to keep them warm after t^ing Ihera otf the ring, they are laid betweerf hot flannel. The candles are then hung up again in their first position, the cap or tube having been removed from the prominent part of the wir-k, and they are basted a third time, the eye of the workman being the only guide to determine the proper amount. When the candles have attained the proper size, thr>y aie again rolled and cut to a cer> tain length. When a wax i-andle is broken, the annular layers, like the yearly rings in wood, can easily be counted, and iheir number indicates the number of limes the candle has had wax poured over it. By dexterous management and much practice, time may be spared, and the wicks, hanging in the first position, may be covered at once with the proper quantity of wax. The large church candles are not moulded, but are made by placing a wick upon a slab of wax, bending this together and tlien rolling it. The long thin, coiled wax tapers are made in a peculiar manner. The wick, which must be very uniform, and wound round a drum, passes from the latter into the wax pan, at the bottom of which a guiding roller is fixed, and from thence through a drawing-plate to a AND THE MODES OF EFFECTING IT. 133 second ilniro. The drawing-plate is quite similar to that osed in wire-drawing; it is a metallic plale, with holes correBpondinjt in size to the diameter of the taper; these are, therefore, rouoJ when the taper is to be cvlindrical; and in the shape of a star, when the taper is to be grooved. The wick passes through smaller and smaller holes successively, until it has attained the ro<iuirod thickness. Stettrine and Spermaceti Candles. — Stearinc candles are alwajs cast in moulds, altbough the tendency to cr^xlalize in this substance, is an obstacle difficult to be overcome. Pure stearine, cooled under ordinary circumstances, does not attach itself to the sides of the mould, but is uneven on the surface, as a result of crystalization ; it ts, con- Iseqiiently, never employed ajone, but with the addition of I) to 2 per cent, of wax. The mixture, melted in pans hy steam heat, must be allowed to cool, with constant agitation, until it has a milky a\|l\|Kar- ance, and is still fluid. In tbis state, a portion is already solul, in the form of small crystaline needles, which remain suspended in the »flQid, and give it a milky and thick appearance; cast in this state, steariue produces smooth and well-formed candles, but without the agreeable translucency of pure stearine. By wiping the candles writh a rag steeped in alcohol, they re^tn the requisite lustre. Candles are moulded precisely in the same manner from spermaceti. Both wax and stearine candles should be ex[)osed at the same lime lo sun-light and dew, which together gradually bleach them. On Oie ICvolution of Light by Candles. — The candle may be con- sidered as a real microcosm of ttlumination, in which all Uie indivi- dual functions regulate each other. The curious man- ner in which the separate functions mingle in a candle, F'«* *• and pass one into the other, in carrying out the main object, as well as the force of long habit, render the very same apparatus, (as far as the principle is con- cerned,} performing the same operations, less remarka- ble to the casual observer than gas illumination, whichf I being carried out on so extensive a scale, and at a vast expense, excites more general astonishment. In a catKlle in fiill tlame. Fig. 18, a, the fat below tbe flame is melted into the form of a hollow cup by the heat radiating in all directions. A reservoir is thus formed, in which that which is melted by the heat col- lects, and from whence, at the same time, it is supplied to the flame. The quantity melted exceeds, under nearly all circumstances, the quantity consumed, and there is consequently always a store of melted fat 6, which is constantly being renewed. It is easy to con- ceive that it would be no impossibility to ignite a stick of tallow or wax by itself (witnout wick); but with what difficulty! A mass of fat of the thickness of a candle [^Tti« «M of whiu r(«mc io cam» the wicltt of iicnrin* ntwDn to tM imra vmOy . tft Mb. miut nc wr be jwrmltied, ■> it la racui injuriont k> betUth. 134 SVOLUTfON OP UGHT BY CAHnLES. can ontj be set on fire by a corresponding amount of heat, to produce which, a comiuoa watch is quite JnsuHicient. Ou the other baiui, if it were exposed to a sufficiently hot flame, it wowld he melted away long before it could take fire- Supposing, nevertheless, that it could be Ignited, then the whole section of fat would naturally be on fire at once, a much greater quantity therefore than would correspond with the simultaneous supply of air, and the first requisite for the produc- tion of a clear flame would thus he wantinf^; a large, thick, smoky flame wouJd result, the excessive heat of which would probably melt down the remaining fat before it had lime to take fire. It would be superfluous to examine further, why a candle cnnnot he ignited from below. Hence, therefore, arises the absolute necessity of sapplying theflame, every moment during the combustion, with as much metUd fat Jwvi the mass as can ht consumed by it without smotcf, with & given amount of air supplied to (he flame. The whole funclion of the wick has been herein expressed, but it must not be forgotten, that it is necessary to raise the iasulaled portion of fat to the flame which is above it. The power employed for raising the fluid, is capUlary attraction, inasmuch as the interstices between the fibres of the wick fi^rm a aumber of capiltnry cylindrical spaces, whose action, however, depends upon the property of moistening the fibres which the fluid to be raised must possess, and which fortunately is the case with the fata to a considerable extent. Quicksilver, for instance, instead of being raised, would be depressed in these minute channels. Besides capillarity, the wick mu^t possess another property quite as essential, and which is easily measured. The flame is always produced at thai part of the free wick which is in the middle between its point of most active capillary action, and the point where the flow of raelled fat ia excessive, therefore, always at the same distance from the bottom of the cup a, lu pro\|)ortion as the candle diminishes, the flame is lovi- er<>d and leaves the wick behind it; so that, at last, the wi<rk extends the whole length of th« flame or beyond it, and tlius prevents the evolution of a great part of tiie light. The wicks, therefore, if the candle is to regidate itself, must shorten as the candle diminishes,!, e. they must be prepared from a substance which is combustible in (he heat of the flame. The wick-cotton met with in the shops, is the soft, smooth spun cotton of the first spinning process. A skeiu with half as many fibres as the future wick is to possess, is doubled, (so that the loop whirh is always at one end of a new candle may be formed,) ami so rolled with the hand, that the single fibres acquire a spiral twist which kt^eps ihem together, and prevents Ihem from spreading out in the flame like a sheaf. .A.n unavoidable circumstance, however, always apposes the natural rifgular consumption of the wick. From (he posiiion of ihe wick in the axis of the flarae, the requLsite quantity of air, being used up by the tlame itself, does not reach the wick and completely consume it. The fibres of cotton are therefore charred; and they remain so until some part projects beyond the flame, and coming into contact with the air is consumed. If this happens as it generally does, too late, then soot collects in conse- EVOLDTION OP LIGBT BT CANDIAi. 135 qnence of th« interruption of the flame, m a spongy snufi* at the lop darkens tbe flame, and falls cveotiidly into the cup a, where it caiiseit further interruption to the process. In wax, stearine, and sperm caodles, this evil has been ingeniously avoided by platting the wick like a cue, or by twisting it very much. The tension thus caused to exist amongst the fibres, obliges the free part of the wick to bend considerably, which brings the end c sufficiently soon out of the flame to be constantly reduced to asb.* The jTinmetry of the flame is par- tially destroyed by this arrangement; it follows the inclinatioD of the wick, and consetjuenlly melts too much fat on the one side, which aoott gutters orer the melted edge of the cup. With the above sub- stances, this guttering is less perceptible; but with taUow, which melts at from 68'^ to S6'^ K., it occurs to such an extent as to preclude altogether the use of platted wicks, and the charred ends must there- fore constantly be remored with tbe snuffers. Wax, stearine ajul spermaceti, besides possessing the unessential properties of producing no fatty stains, of being dry and not greasy to lae touch, and of presenting an agreeable appearance to the eye, all fiise at a higher temperature than tallow, a property which is essential to the establishment of proper equilibrium between tbe quantity of fat melted by the flame and the quantity simultaneously consumed. The former quantity \s generally in excess; the reserroir h becomes over full, breaks through tbe side of a, flows down and solidifies as n ridge on the side of the candle, which thus becomes Ihicttened on one tide. Generally spealting, no candle actually exhibits this equilibrium, whatever may be the material of which it is composed ; tallow can- dles, generally, much less than the others. For, independent of the fusibility of the material, it is influenced by the relation which the mass of^ fel, t. e., the thickness of the candle, bears to the size of tbe wick, a relation which has been established approximately by long experience. The usual dimensions of a candle are, therefore, not fixed arbitrarily or by chance, but are absolutely necessary to a well- regulated process of combustion. If the wick is loo large in propor- tion to the surrounding mass of fat, as is the case in tapers, no reser- wrir is then formed, and all the advantages attending it are lost. In tbe opposite case, which applies to all common caudles, the wick which is rather too small prmluces a flame, whilst the outermost layer of fat is beyond the sphere in which fusion is going on. A thin ring- Palma't talkyir camUai, th« inreotim of ■& EnglUfanuui, ue mmi« upon ibi* prin- I <if4a. Fwtly by ■ pwiicnlftr twin in both wick ti«lTe», pmnly by wiodinf s Mm wbe mnd duH httlrcA •rpanwly, thty are nude 10 aepsraie like « Ibarlr, wheo boili end* pMdngOHI oTthe (lainc are FuiuttMlr RXMWn«t) ; tb« Buulhf with wlikb lallow beaomca ■aid, CHMM it u> ran ilown ao mpidly bf Ait exMiukia uT ibe Jlarae, that tlib bceonm a pcKt abjcctioa la I^tlmrr'a invention. (Tlii* i« oompleldf ubTMled by nmof hlmcr's candle hunp», in whicli th« cemllvia vodueed in a hollow metallic IuIm fiwraincibe Hem «f tbe Imp, and i» kepi down by a nootle. Uuou^ wbich the m-iclc piojects; a ipring at the botlotn orUM> tiilw tiircm the awdlc up to the HMBlein piujiortionasil boonMimed ~\ lhu> tnaiiHatiu die flame alwafi at the niao beigbL) shaped wall, as is easily observed in the less fusible stearine cnodlM, rfraains erect up to a certain height, and is very objectionable from the shadow which it throws, but more so from its being gradually undermined, and falling into the reservoir which it overfills, and causes the candle to gutter. When it has once overflowed, the evil is doubted, for all the fat which, by overflowing, has formed ridges, is still further removed from the region of (he name. In night Tights, made of stearineor wax, where intensity of light is a secondary con- siderBtion, this circumstance has been turned to account. These are made with a common sized wick, but a disproportionate thickness of fat, so that a ver)' deep and full reservoir is formed, an excess, there- fore, of mehed fat, which, as too much of the free part of the wick remains immersed, causes them to give a very .Hmall quantity of ti^t. For the sake of safety, they arc made so short, thai they will swim upright upon u basin of water. Several periods must be distinguished in the whole course of the process which is going on in alighted can- dle. The heat generated by the flame, and for the greater part car- ried upwards by the current of air, acts, however, by radiation to such 31 degree downwards, that sufficient, or rather too much, fat is melted, for supplying food to the flame. The fat is supplied directly by the wirk, the capillarity of which is ironstantly Ht work, Fig. I8t. sucking up the fluid matter, and carrying it to the sphere of combustion. The lower uncharreU portion of the wick (up to d) acts the part of a sucking tuiiin ; the decomposition takes place in the entire upper lack portion. The fat which arrives tliere, is imme- diately exposed to a high temperature, without being able to come into direct contact with (he air; it is in (he same position a.s if it were enclosed in an iron retort between red hot coals, and it suffers consequently dry distillation. The gaseous and vaporous combustible products form the dark nucleusyof the flame," between which and the surrounding air, the sphere of successive combustion is situated. The air streaming from below upwards, to the gases iny, consumes in the first instance the hydrogen, and separates the carbon as incandescent soot; this occurs in the luminous part of the flame e. Lastly, nn. the outside, in the hardly perceptible blui^ halo^, the carbon is consumed: this occurs chiefly at the base, which does not appear luminous, in conse- quence of the air exerting its full influence at that pari. Ever)' portion of tallow, which burns and gives out lif^t, prepares the following portion for undergoing the same process. The dinerent States of the ilanie may be partially made visible by an interesting I I I ' Irnkginp n thin drculnr Motion at thni? lamea 'tiaalMni in iho Rame; tbi* will riM, vid durinx il> nrcvnt, bjr rcntpii vf tli« cvrntniii cwnbuMioii, will dimiciiib in iliunvHr tiniil it entirrly iti«ippr«i. The vriociiy n( this diminviinn, ioiRih«i with the vekicitjr »f lb kKvni (of Ui* cunicni of uii), pro ntv lo tlio conicnl itiNpa of llie (tuna. OP LAMPS. 137 I experiment that is easy of execution. If a bottle is filled with water^ and supplied through the cork with a syphon in a downward direction, and a tube drawn out to a point in an upward dirc-etion, ami this point be brought into the interior of the Aame whilst the water is allowed to run slowly from the syphon, the bottle becomes tilled with the combuRtible vapors in the form of a gray smoke. The vapors obtained from a stearine candle condense for the most part, to a dry, solid, fatty acid; not so those from oil or tallow. On blowing with the mouth, these vapors may be expelled from the bottle, and they burn, when ignited, with a distinct ^ame, which is but slightly lumi* Dous, in consequence of the admixture of air. The expenment mar be made without danger with a common pipe, and by suction with (be mouth. Ttie importance of using hard solid tallow, to prevent guttering, is obvious, and all the materials should likew^ise be as pure as possible; for uhntever is not decomposed in the same manner as tallow or wax, will obstruct the capillary tubes of the wiclc. Of Lamps. JVight Lamp without Wick. — The upper part ofacandle» Ihe hollow with the exposed portion of the wick, which we have called the reservoir, and in which the fluid (melted) fat is burned, is not dif- ferent to principle from ordinary lamps for these are only arrange- ments for burning materials (fat) which are fluid at common tempera- tures, as the oils. The iirst object is to isolate as much of the oil as is required for the prodaction of a flame. The simplest manner in which this can be effected is that practised in the night lights shown in Pig. 19. On a layer of oil [A) covering the surface of ihr water [B) swims a brass Pig.l». cup c c, at the botlom of which is a small piece of glass tube fitted tight by a cork. Al- though, before ignition, the oil rises in the interior of the tube above the level on the outside, yet (as an addition lo what has already been stated concerning the wick), the capillaiily of the tube is annihilated by the beat, and the fluid is actually depressed. To obviate this, the tube must be fixed so far below the surface of the oil, that (he greater pressure of the chI without shall overcome the depression within. In this manner, the insulated oil in the upper part of a may be i^ited, and continue to bum by itself. The con- ditions under which the oil is consumed, so far as Ihe production of light is concerncil, are the most unfavorable, although the purpose of a night-lamp is folly answered : the flame, in the first place, is much too small to produce sufBcieot light for common purposes ; and if (he size of the tube is increased, the oil will no longer bum. The flame is, moreover, so deep down, that only the ceiling of the loom is illuminated, and not the surrounding part. Both these evils, and par- ■ ticularly the latter, are avoided by the use of wicks ; but others of I q;uite as grave a nature are substituted in Ihetr stead. The oldest LZ_ I I I A 138 OP LAMPS. F.g. 20. V airancfetnent of this kind, the antiqiie lamp Fig. Fig. 20, 20, with all ils artistic perfection of form, which so often excites the wonder of connoisseurs, is nevertheless, techoically considered, the most im- perfect of all. In an extended, open, or closed oil vessel, is placed an unspun round wick, which is held by a nozzle at the beak ; the wick here, therefore, as in lamps generally, serves to regulate the supply of lighting material, bendes having other important functions. It admits of giving more scope to the flame, and also by reason of its capillary action, of raising the flame above the surface of the oil in the vessel ; but this is attended with fresh disadvantages. In the first place, it is obvious that the surface of the oil must sink with the consuuiption, and the wick is thus ex- pected to raise the oil to a height that exceeds its power: the tlame gradually grows dimmer, and is at last extinguished. Further, the thickness of the wick requisite to produce suflicient flame, involves a disproportion between the supply of oil which ascends for consump- tion, and the amount of air from without. As this is supplied from the outside, there must be a nucleus a, in the section of the wick. Fig. 21, which is deprived of all air hy the surrounding Fij. SI. part 6, 80 that uuhurnt particles and soot in particular must ® escape, and cause the fiarae to smoke. The shadow of the oil vessel is, lastly, very considerable, although in a down- ward and backward direction. It is obvious, that this J shadow will be lessened, by bringing the flaiQe forward away from the vessel. The common kitchen lamp, shown in Figs. 22 and 23, has this single advantage over the antique lamp. Fif. as. Fig. 23. / the beak being removed from the vessel, the distance between the vessel and the flame is increased, or the angle b a cis made more acQte. Hie whole series of improvements made in tamps ufi to the present time, must be considered as the reward of no inconsiderable expendilure of iugtnuity in the inventors themselves, and of a clear WOKHS'-LAirp. perception of the working of physical laws, enabling Ihem not only to overcome ihe diflTirultiesof the subject iiself, bnt also to adapt the nfw coatriv^nces to general use, and to the mauagemeut of llie unskilled. A general view of Ibis interesting subject, will place clearly before us the essential points, which it has been the object of the inventors to Btlaio, sometimes ^ngly, sometimes several at once. They are these: a) To select such a form (section) nf wick that the quantity of decomposed oil, and Ihe simultaneous supply of air, may stand in such relation to eaeli other, that Ihe hydrogen and carbon may be consecutively consumed, and consequently no smoke produced. b) To make the distance between the burning part of the wick and the surface of the oil as unchangeable as possible, in order that as much oil may be drawn up at last as at first. c) To place the reservoir of oil in such a position, that the shadow shall occasion little or no inconvenience. The use made of the lamp must, of course, here regulate its form; it is not, however, always a fault when these do not exactly correspond. Thus the shadow thrown by wall lamps is unimportant, as the lamp itself covers the shadow : in like manner, the shadow of a common study lamp cannot be considered as a fault, being us«d only by one person, although its prevention is always an improvement. d) To throw the light, radiating from the flame, by means of col- lectors and reflectors, from those parts where it is of little service, in the direction where it is most required. The requisitions stated under a), have been complied with in two ways: on the one hand, by controlling the access of air (the quantity of airj ; on the other, by regulating the supply of oil, and often by both at the same lime. They hare reference to that part of the lamp called the burner. The scrupulous enumeration of the manifold modifications, and for the greater part, unimportant improvements in lamps, which have been presented to the public during the last twenty or thirty years, would be but a tedious labor; and in the following observations, we shall only lay before the attentire observer those inventions which appear to indicate important progress, or form epochs in the bistory of this subject. When particular parts only are concerned, these are treated of separately ; when the improvements are more general, and include fieveral parts, they are described in connection w^th the whole lamp, that a clear insight into their functions may be obtained. Wormt''-Lamp. — In the countries bordering on the Rhine, the Worms'-Iamp, shown at Figs. 24 and 25, is well known, and charac- terized by the shape of the wick t. The fibres of the M-ick, instead of being collected into a round bundle, are placed in small bundles side by side, forming together a flat ribbon. The rfTect of this is obvious. The edees of the flame are at no point so distant, that a nucleus can form m the centre, which firom want of air will bum in- completely, and smoke. The flat socket c, serves to bold the wick ; it is soldered in the diameter of the wide ring rf, which, with its re- 140 STUDY -LAMP. curved edge, rests upon that of Ibe glass globe a a. An important^ addition to its flat form, is its movabuiiy^ and this is common to all Fir- i^ FiK.35. the following kinds of lamps. The teeth of a wheel e and /, more distinctly seen in Fig. 26, are somewhat advanced into the space occupied by the wick, a cut being made in the socket, so that they pre» the wick in Mmtr measure aeaiii»t the back side. According as the screws are tunii-d, the wick is cither raised or lowered, and a larger or smaller portion of it is engaged in the combustion. When the wick is high, a large quantily of oil is decomposed; and when low, a small quantity in the same space of time; ihe supply of oil ia, therefore, easily regulated. By means of the stem a, the oil vessel can be placed upon any kind of foot. Besides the very unequal, _ Tig. 86. constant ly decri'ssing height of the sur- face of the oil, anoiner objection may be raised to this arrangement, on account of the size aod disadvantageous direction of the shadow, the conical space between fjy, and tJ /f, receiving no direct light. Study-Lamp. — In the common study- lamp. Fig. 2ti, the oil vessel a is more flat, and instead of bein^ situated below, is behind, and at the side of the Bame, so that its shadow falls much beyond the immediate vicinity of the flame, and in no way interferes with the person in front of the lamp. The greater part of the light passing upwards, is collected by the shade Ar, and from every jioint of its inner aurface is reflected downwards towards the opposite ti TBK A8THAL-LAMP. MI I I I I Fig. S7. n t I side. The iDclioation of (he sides oi the conical shade is, therefore, not unimportant, and should be at an angle of about GO'^. The shade can he liirned on ihe support m n. The raolion communicated lo the wick tl is not from above, as in Fi&;s. 24 and 35, in which arrange- ment the pressure interferes too much with the SQppI; of oi}, and the flame is too much cooled by the proximity of the wheels, but il is from below. The clamp u. Fig. 27, which sustains the wick, is firmly connected with the toothed rod e. By turning the wheel o, this and the wick are raised up or down; the wheel works in the separate compartment g, as does the toothed rod in descending into A, whilst the clarop, the rod of wire, and the wick, by means of a rectangular appendage c, Vig. 28, are all enck>sed in ihe space aflottcd to the burner. This communicates with the oil vessel through the tube 6; i is the enclosure round the burner. The motion of the wick, by means of a toothed rod and wheel is, under various modifications, common to most lamps. The stopper /, at the aperture for filling the oil vessel, must be pierced, that the air without may not depress the oil in the burner. TTie Astral-lamp. — The aslral-lamp, of which a sketch is given in Fig. 20, was con- structed by Hordier Alarcet, with the idea of making as imperceptible as possible the sink- ing of the level of the oil, and at (he same time the diminution of the llame by means of a rery flat oil vessel, in which, therefore, a larger quantity of oil only occupies a very in- significant height. It is clear, that (he annnlar flat oil vessel will pro- duce only a small unimportant sha- dow, although this will necessarily be thrown on all sides. At the same lime, the side nearest the flame a a U so inclined, thai it acts like a shade. The burner is not peculiar to the astral lamp, hut is the well-kiwwn ioveniioa of Ami Argand, in 1789, and named after him; it is by far the mo5i important kind of burner employed for illuminating purposes. The Argand burner, with double draught, consists of two metallic cy- linders, one within the other, c and d : in the ring-shaped space between Fig.sa. A ri\|.M. 143 TBE ASTRAt.LJUIP. J them, which is cloMd at bottom, contains the oil And the cyliotlrically woven wick; the latter is clatDpeti between (wo rin^s, which are con nected wiih the screw. Hie inner cylinder is open at top and bottom. The extraordinary advantages of this arrangement are easily under- stood. It has been already shown, that with entire (massive) wicks, a nucleus is formed in the middle of the candle, which illumines but little, and smokes from want of air; with the hollow wick, a current of air if. directed exactly to that spot, so that the flame is surrounded by two concentric currents of the same kind. The current prcxluced in the air by a freely burning hollow-wick ^ame, or the natural supply of air, is by no means siimcient to produce the requisite amoutit of light. As soon as by raising the wick, the size of the flame is in- creased, a thick smoke is the result ; and when the wick is so regu- lated as to produce no smoke, then the flame is weak and deficient. But Argand understood how to give a real pructieal use to his inven- tion, by applying the happy idea of an artificial draught. The prin- ciple is the same as that of chimneys: a rest on the outside of the burner supports a straight glass cylinder,* which, including the inner and outer draught of sir, exerts a powerful influence upon the velo- city of both, in proportion to its height With this arrangement, the point at which smoke begins to he evolved, corresponds with a much higher intensity of llame. Another advantage, not at first anticipated, is the great .steadiness caused by the chimney. When a draught of air comas in contact with an unprotected flame, its force and cooling ioiluence produce diminished combustion, and at the same time flicker- ing and smoke; in Argaods burner, on the contrary, the supply of air to the flame is become self-dt-penilent, whilst the beat itself ifl made the motive power. The cylinder protects it from any direct interruption, and that arising from the draught apertures, is hardly felt at all in (he interior. It must not be left unnoticed that Fig. » a. the straight Argand cylinders, whilst assisting the draught, fait into an opposite extreme, and supply tw large and inju- rious an amount of air. This was remedied, soon afler the original invention, by Lange, and forms an important improvement; in consists in contracting the diameter of the glass chimney at a certain height above the burner at ft, thus forming a shoulder of a few lines in width, as in fig. 29 and 29a. The draught, moving in the simple cylindefi in a parallel direction to the axis of the cylinder, is thus broken at the shoulder, and thrown into the flame at a certain angle. The supply of air is, therefore, lessened, but the direction given to it is preferable; and that part of the current, which, without taking part in the combustion, cooled the flame in a useless manner, and passed along the inner surface of the cylinder, is almost entirely remored. The glass chimneys are, however, applicable to all burners with flatf round, or semi-circular wirks. Ths original dumni'ir* umn) bf Aripiul vrera tnaulo of sh«el iron, and ■mn\|9d wbon the flaraa. SlKl'HBRA L&MP. Fig. 30. 143 i-l 9irtumbra Lamp. — When tlie astral lamp is used as a han^ng lamp, the shadow of the circular oil vessel la throwD more towards the ceiling; thi« Fig- 3i. is not the case when it stands in an up- right position. By an ingenious modifi- cation, Phillips lias succeeded in bis Sinumbra lamp. Figs. 31 and .12, {sine mtbra), in rendering the shadow im- perceptible even in the latter kind, F'»- 3«. and this is done by the peculiar shape (section) of the circular tckscI o. Its three surfaces meet in the form of a flat wedge, the sharp edge of which is directed towards the name. The position of the tiame, in relation to the oil vessel is such, that two tan- gents drawn fmni the apex and base of the flame to the latter, meet a few iaohes behind it in x. Rcyond Ibis, the vessel can cast no shadow ; but even in this small space it is almost entirely destroyed by a vase-shaped grouud-glasft shade, which, resting upon the oil vcssfl, sunouitds the chimney, and scatters the light in all directions around. The manner in which the wick is moved in the sinumbra burner is original, and de- serves notice; there is neither screw nor toothed rod employed. The inner cylinder /, is furnished on its outer surface with a iteip, much inclined G]>ira] groove, into which the short peg, or appendage a of the wick-holdcr e fits. If, therefore, the latter is turned on its axis, the peg moves along the groove, and forces e up or down. From its position in the burner, however, e cannot be approached by the fingers, and directly turned ; this is effected by the cylinder d, which 144 LAMP WtTH INVERTED OIL CISTERN. Ibroughout its whole leugth — that of the burner — has a slit, into i^ a seconil peg A, oti the ourer sitle of e, fils. By this arrangem^ CRn at nny time he freely moved up or clown, out cannot be ttf\| without taking with it the wii^k- holder, causing this either to be n or depressed. In order that d may be moved easily, and vrii danger frooi the flame, it is iirmly connected with the su]iport fclj chimney, terminating above in a thick ring, 2 or .1 lines wide, W rests iiiK)n the edge of the cylinder c, this being purposely d lower^ and the whole is thus brought up to the nill height c^ burner, tn this ring, the supports for the chimney are fixedi these are turned with the hand, d is turned at the same time^ with it the wick-holder, which is thus moved up and down. C mobility chararterizes this arrangement, and no forcing or compre* of the ring holding the wick can occur. All the lamps as yet described are subject to one common svilf of having the oil vessel, at all events within a few lines of the I of the burner, in a position, therefore, which throws the most ot tionable shadow. A whole series of contrivances have conse<)uJ\| resulted from the eflbits of inventors to transpose this cistern eitb a considerable distl l'>s- 33- above the flame — i its shadow would upon the ceiling of room — or to a pos much below the S\| when it would fall al foot of the lamp, i resou rces, however, f applied, give rise tm and critical difficult the former reciuires) the supply of oil W flows downwards t(t burner, should be ik rately regulated. most common and g ral application of * method, is that add in the standing hi Fig. 33. The oU cii »^ IS a movable m«C vessel, cajjable of b closed at the bollod a valve a, which m between the regul^ rods h b. In the upl \|. position, the valve \| L V-^— =n back, and leaves! r zn aperture open for LAHP WtTn INVERTED OIL CISTERN. 145 the msel; if the ralve is iheo pulled up hy its rod, the aperture U ckwoi, and the bottle can be inverted, and put in its place in the «e B (as in the 6gure). It is no sooner there, than an alteration occur. The rod attached to the valve is so long that (he valve u rused ns soon as it touches the bottom of the case d. The oil, therefore, flows out for a few wconds, until it has risen go hig'h in the case as to stop the aperture of ihe bottle .^. From this in- siant, et\|iitlibrium is established, and as the month of ,^ is on a level with the height of the burner, (his becomes filled at the same raomenl, connection having been tnade by means of the tube g. The tamp has really two oil cisterns, an under one, which directly feeds the burner, and an upper one, the inverted bottle, for the supply of the lower as the oil is gradually consumed. As long as the level of the oil in B remains unchanged, and the mouth o( ,'1 consequently closed, DO air can enter ^, and the whole slock of oil is liept up by the preuure of the atmosphere. When the lamp has been lighted some tifM, and tbe oil sinks below the mouth of the bottle, a few air bub- bles enter, and take the place of an equal hulk of oil, which flowing <mU raises the level in B until the mouth is again closed. Tbe same Operation is repealed, as long as oil is present in ^'J. The other parts of the lamp are easily understood : yis the sup- poft for the cylinder (the peculiar form of which will be explained Mow), q is the vessel for the toothed rod, and e is an afierture in the ewr, for the easy admission of air into the interior. Oq rfflertion it will be immediately perceived, that in all similar Imd\|)«, from the peculiar arrangement of the oil ciMem, the height of 4e ml in the burner will not be always quite constant, but will tbmiately sink and immetiiately rise again to its former height, »Ust in the lamps previously described, the suction of the wtck is Radeteii more and more difBcult by the constant sinking of the level 4f tke oU. Tbe principle in question has been put into practice with better HitCMi by means of a simple vessel without case, as for instance, ^ represented in Fig. 34. The mouth ^ the movable oil bottle corresponds here itli the lower opening b of the tube a b, which, passing through the air-tight collar i ii movable in the lid of Jl. The oil conaomed in the liurner e is replaced from iW Mock contained (above the level n n) U<4, the place of which is then occupied by lir, which enters at b. As soon as the noiumption of oil in e ft ceases, no more «r babbles enter, and vice versa. As the lcl of the oil in the burner is dependent upon Iht^ position of the wxilh b, this can be most accurately adapted to circumstanres, a b being movable. The cocks o and </ are only used in filing the «MeL This principle can be applied in the same manner, or in a much v PIf.H. 146 CIBAID'S LAHK more compact form to lamps with circular oil Testwls, by means of Caron's stop-cock, Fig. 35. TTie ''8- ^' conical plug of the cock is com- pletely hollow, and at a certain distance from the middle, it ia supplied with a cross bottom a, dividing the space into two uo* equal parts. In the upper part, the round lateral aperture e is A =^ made opposite to o in the lower part ; ^ and d are the correspood* ing apertures in the case. In the position represented in the drawinff^ f. is closed, whilst o is in free communicatioa with the stock of oil in the circular vessel M A. This stock comprises the whole quantity^ situated above the mouth m of the tube r» n, corresponding with the tube a & of V\^. %\. The side tube communicating with (nc burner alw) opens into q q. In the opposite position of the cock, (by closing 0,) the space Ji^ and, in the first instance, ^ 9 ts shut olT from commu* mealing with the burner, whilst the same space A can then be filled, t being open. By transposing the oil cistern lo the foot of the lamp, by which means all shadow is avoided, we forego the important advantage wbicb the free flow (fall) of oil occasions, and by means of which it can easily be conducted to the burner; and, as consumption goes on, the oil must then be raised. The lamps made upon this priaciple are interesting on account oflhe ingenious, but at the same time very complicated elevating apparatus, which partly depends upon hydro> .dynamic, partly upon hydrostatic laws, and is partly also a mere mechanical arrangement. Girard's Lamp. — Girard's (hydrostatic) lamp is constructed upon precisely the same principles as the air-chamber of a fire-engiDe, oc resembles rather Hero's fountain, Fig. 36. In these arrangements it is well known That the pressure exerted in a vessel is transferred to any other di>* tant cistern by means of compressed air, and is the means of forcing a liquid from its previous positioitt for example, in an upward direction. In Hero's fountain, (he primary pressure is produced by the column of water a fed from the vessel above it ; the air enclosed between r and the lower bulb is thai compressed, acts upon the surface of the fluid in e, and forces it to a corresponding height in d. Alt these compartments are also present in Girard** lamp, but are closely packed together for the sake of saving space, as is seen by the sketch Pig. 37, where the unimportant parts are left out. A is the reservoir for tlie forcing column of oil in the tube a b, B the lower vessel with the enclosed air (fl), which conveys the pressure received from a b through Fig. 3«. GIRARD-S LAMP. 147 r if (^ to the vessel C, and in the lirst instance to the ftir O contained m it. As long, therefore, as there is pressure flrun a i, the air C will cause the oil in C to "^i- "■ rise in the tube ^ A to a correspoiidinff height (to the burner). This height, therefore, de- pends upon the unirormiljr of pressure in gene- ral, and ultimately upon the constant utLiforiuity of height in the column of oil a 6, which has a tendency every moment to shorteu the play of the whole, both from above and below ; from abore, by the sinking of the oil in A^ from be- low, by Its rise in B. To avoid the former, at least for the duration, of an eveiiing^s consump- tion, the vessel A is furtiished with a tube tf^ upon the same principle as that described id the oil cistern at Fig. 34, so that the height of the column of oil exerting pressure coincides with the aperture e, and all the oil above that must be considered as a store for the supply of that column. Hie latter is obviated by the narrow vessel n which surrounds the aperture 6, and is filled up to ; s in a few moments by the oil (lowing from Ay thus constituting a basis of uniforra height for the column. Both con- trivances are efleclive until the oil in A sinks below e, and has risen on the outside of t< above Ifae level i »\n B. With the requisite hei^t of the lamps, the pressure of the column would raise the oil to a greater height than is desirable. Toavcl -.\n >■%. oesave length of burner, the tube t ^ d may be curved likf u ^^ j Uiti, as indeed was done by Girard, by which means the oil in ^^is caused lo rise as much less, as d is below the fluid level in C, therefore x less. The pressure is first exerted to overcome the column of oil x, and it is only the excess that exerts an upward influence ing^A; the result is, therefore, the same as if the elevation in ^ A was effected not from the level of the oil at C, but at g^ for gh^ e s ». Future endeavors to bring the principle of Girard's lamp into a form more suited to daily use will, perhaps, be successful; for the limited application which has been made of it most be ascribed to its inconvenient shape. The following points deserve particular notice; first, OS is obvious enough, the woruing of the lamp is not independ- ent of the changes of temperature and pressure lu the atmosphere. Increasing pressure (rise of the barometer) and a lower temperature will diminish the bullc of the air enclosed in B and C, and cause an augmeoted flow of oil from A towards B. A fall in the barometer, and a higher temperature will produce an opposite effect, and cause lh« oil to flow from the burner. The effect of temperature is the stronger of the two, but both by proper means can be rendered im- perceptible, at least for the duration of an evening. Another and m mL 148 THE HYDROSTATIC LAMP. ^.as. ^vater objection arises from the position and the shape (^ (be vessel , upon which, »s may bf seen by the sketch, ihe supply of the burner is solely dependent, whilst the oil of Jl and B is only employed as a fluid pressure. C cannot well be made deeper without increasing inirooderateU- the height of the lamp ; (here ts, therefore, no other means of afTordiiig space for the requisite quantity of oil for an eren- inc's consumption, than by adding to the breadth of this vessel. VThen this is done, and from its being placed immediately under the burner, the shadow falling between o y and o z will very much ex- ceed the space occupied by the foot of the lamp. Lastly, the neces- sary additions and apparatus for filling the lamp deprire it of that ease and simplicity in the management which daily use justly de- mands. 2T^ Hydrostatic Lamp. — The doctrine of the equilibrium of fluid pressure has found an application in the hydrostatic lamps, which Fig. 36 will illustrate. Two diBerenl fluids, brought into tubes whii-h are connected at the bottom, will balance each other at different heights above g A, according to their respective densities. The fluid above h will form a column as many times lower as its density exceeds that of the other Buid. A column of mercury requires to be only 1 inch in height to balance a column of sulphuric ether of 19 inches, or a column of oil of 14 inches. Afler salt and water, syrup, honey, mercury, had all been tried as heavy liquids, Thilorier succeeded in 182&, at Paris, in giving a decided pre-eminence to bis lamp, by the use of a solution of white vitrio] (sulphate of zinc) and hy a suitable apparatus, ^^he^ we consider, that the fluid producing the pres- sure must not affect the oil or the sides of the vessel (tinned iron), that it must not become solid (crystalize) at a temperature several degrees below the freezing point of water, that it must be clieap, and have the proper density, we shall then understand how to ap- preciate the discrimination which led Tbili>> rier to emplt^ a solution of equal parts, white vitriol and water. Such a solution is 1.&7 titues denser than oil, so that a solution of zinc 10 inches high can support a column of oil 15.7 inches in height. It is obvious that, with the diminution of the column of oil (the consumption of oil in the burner) the solution of zinc will sink to a corresponding level, and will only be en- abled to force the oil to the original height, when it itself is fed by a reservoir of zinc solution. The cistern .4 in the section of the lamp, Fig. 39, is solely for this purpose. Fip. 89. POMP LAMPS. 149 p«.«>. In a chamber B, in the foot of the lamp, both the equally poised colamus terminate, namel}', the columa of oil tn the lube a 5, which terminates aliove in the burner, and the columD of zinc solution in e d, above which the cistern ^ is situated containing the zinc solu- tion. The flow is effected in the manner described in Fig. 34, bj means of the tube o P, through which the external air enters bubble by bubble, as the solution in r d threatens to sink. The height of the column must, therefore, be reckoned from P; B is completely filled, and by both fluids at the same time, so that no air remains in it. Into the lower solution of zinc (extending lo n n in the Fig.) the tube e d\s plunged ; into the oil above, on the contrary, the lube a b does not enter beyond the top layer of the fluid in B. From the time of lighting and during the combustion, the level n n naturally become^ higher and higher. At length B becomes quite tilled with solution of zinc, and oil must be supplied. This is done by a separate funnel through the burner, whir^h oi)!iges the solnlion of zinc to return to its former position, an outlet being afforded for the air in .ff. The tube 0 /, Fig. 40, (twice its proper size,) is intended for this purpose, having a conical appendage h-, accurately ground lo fit into//, and luted into the lid of.-?. The position represented is that for filling, and this is effected by the peg g, which is fired to o P, and only rests on the edge of//; when A is to be closed, the tube is turned until g falls into a perpendicular cavity. The oil which ovei^ows the burner in filling, and at other times collects in the concave lid of .^, and passes off by i i, to a ring-shaped movable vessel 9. This vessel is open, and ring>shaped to admit of the passage of a & and e d throagfa the middle of it. It must not be supiKised, even when everything goes on regularly^ and the supply in .'? is not exhausted, that the level of the oil in the burner always remains the same, for the column n a 6 is constantly shortened by the rise in 71 n, and more rapidly than is the case with the zinc column n P during the same time. The inventor has suc- ceeded in rendering this imperceptible for a duration of six hours, by making the diameter of B very large in proportion to that of a 0. The difference of level does not actually exceed 2 to 3 lines, whilst the oil in the burners of astral and sinumbra lamps frequently falls 1 inch. Thus far Thilorier^s lamp would combine a groat number of advan- tages, if these were not accompanied by one very critical circum- stance; it cannol be carried, nor indeed moved, without the danger of being extinguished, for the slightest inclination, as in the barome- ter, produces considerable fluctuations in the respective levels of the two fluids, and these fluctuations are always 1.67 limes greater in the column of oil than in that of the zinc solution. For tbts reason} the lamp has not been so generally introduced as its other very great advantages would warrant. Pump Lamps. — The general conclusion may be inferred from what 160 CARCBL'S LAMP. has been said, that the difierent static lamps either do not attain tlie important advantages which their cnnntruriion was iotendetl to confer, or are ftccompanicd with corresponding disadvantages. In contra- distinction to these we have the lamps with a mechanical arrange- ment for raising the oil; and as a pump is generally employed for that purpose, they are called pump lamps. The simplest example of these is the pump lamp with a flat wick, verj- much used in the south of France. The motion of the pump is produced by the hand, but in a very imperfect manner. The piston of the pump is kept constantly raised by the tension of a spiral sprini^. As soon iis the piston rod, which is also the ascending tuue, and in firm connt^ctiun with the burner, is forced down, by overcoming; the power of the spring, the descending piston forces the oil in the cylinder to rise through the tube to the barner. When the stroke is ended, the elasticity of the spring brings the plstOD to its former position, and the cylinder becomes again filled. As candles require snuffing from time 1o time, so here, the pump must be used at short intervals. In lamps of this kind, with double draught, the burner is fixed, but then there is a piston rod wirh a handle at the side of the ascending tube. The uniform work- ing of such a lamp depends, therefore, upon the care which is taken to supply the oil that is consumed by repeated use of the pump. If this is only done at long intervals, the flame will var^ from its utmost intensity to a very dingy light. The numerous improvements which have here been noticed, with reference to the most successful and interesting inventions, must be considered as important advances ; but they have nevertheless left one point out of view, npon which the most indispensable conditions for combining a perfect, and at all times, uniform evolution of light, de- pend; a point which is indisputably the most dilTtcult of all to accom- plish. It has already been mentioned (p. 1 34), when speaking of the general principles of lamp and candle illumination, how the lowering of the oil level obstructs more and more Ihe functions of the wick, and consequently diminishes in an equal degree the brilliancy of the flame. The lamps with a supply, upon the principle of connected tubes, are subject to this evil in its entire extrnt ; those with an in- verted bottle or similar arrangement are also influenced by it within certain limits, In the former, the brilliancy rapidly diminishes ; in the latter it becomes lessened, and returns to its original state at regular intervals. CarctVs Clcck-toork or Mechanieai Lamp. — Carcel, in the year 1800, was the first to carry out the idea of pumping up the oil from the foot of the lamp to the wick, by simple machinery like that of clocks, and, moreover, in such quantity as to exceed the quantity consumed during the whole period of burning. The invention of his dock-lamp is without precedent, with reference to the uninterrupted and perfect supply of oil to the wick. Whilst tn the other lamps, the burner contains a stationary column of oil, which either constantly decreases &om above, or is reinstated from time to time, the oil in other case, through the valve «', oil passes from x, and is raised In the lube t. The motion of the cloth or leather acts in short in the manner of the cheelts and muscles in drinking and blowing. To meet the unavoidable obstructions which would result from the pre- sence of impurilies in the oil, it is all made to pass, whilst slill in Jl iUid before entering the pumps, through a metallic sieve with fine holes q, which surrounds ihe whole of the front part, including the entrances to the valves below. CARCCL-8 LAUP. IM F14. 44. The quadrangular box of the pump conlauis, for preserving uni- formity of acrion, three simple priest-pumps c c c, made of gotd-beater8 skin, Mhich, Airing every moment they are in action, alter their positions relatire to each other. This necessar)' circumstance is self-evident from ibe whole arrangement of ihe pump. Each single pump has two Tal%'es, an entrance valve (the under one in the figure) and an exit valve (the upper). « is a separate cham- ber for each, the space for receiving the oil above the exit valve, on the contrary, is com- mon to all. The three short piston rodK, if they may be so called, work u[K>o three crooked arms Bifioa the sami- axis, but in diiTercnt directions. One pump mu.st, therefore, always be forcing, whilst the second is sucking, and the other midway between the two. Below, or in the direction of B, the chamber ^ is completely closed, with the exception of a stuffing box, through which the crooked pin of the axle is moved. The wheel / passes under a box placed at the side, in which this stuffing box is situated. The iron frame t i serves to give steadiness to the works in B; the mo&t imfiortant parts of the arrange- ment may be seen in Fig. 43. Motion is obtained by the spnng wound up in the case 0, 0, 0, which is furnished with cogs. The cogs of 0, o, 0, first move the toothed wheel t upon ihe same axis by means of x. The wheel / catches the second cog y above, which has the same axis as the piston rods, and thus the pumps are set in motion. Below, however, t moves the endless screw on the axis of which is the fly wheel d for regulating ibe works, by means of z, and the toothed wheel u and v. At the very bottom, on one side of the foot of the lamp, is a small bolt, which, when pushed forward, catches the fly wheel, and either stops the works, when in motion, or sets tliem going when it is pulled back, and the whole has been wound up. The stopping wheel W, is used for winding up the machine with Tne toothed rod^, with the wick-holder, works below the crutch of the ascending lube, in the caney. Experience has shown that the whole airangeraent of the works is not no tender and brittle as might, at first sight, hai'e been sup- posed. The overflow of oil from the burner makes it necessary to screw the wick up somewhat higher than in common lamps ; and this brings with it the great advantage of the flame being more raised above the edge of the burner, where less beat is conducted from it, and it burns more perfectly, producing no carbonaceous matter on the wick and about the edge of the burner, which, in general, so materially inter- feres with the regular flow of oil. Carcel's lamp would, without exaggeration, have been prized as much as Argand's bad been sixteen years previously, if a less ex- 154 VAPOUR LAMPS. pensire and more suitable form for geueral use couM h&re been given to it. At an earlier periocl, and again, more recently, [Joanne, Franchot. and llougfaton,} the idea hu occurred to those versed in these mal ters, to replace the complicated clock-work, either by the force of a falling body, (for instance, a piston in a cylinder,} or, at leait, to cause the tense spring to act upon a larger piston of that kind. In both cases the oil is contained in a lamp-like vessel, resembling the cyliader of a pump, from whence it is slowly forced upwards by the piston (moved either by gravity or a spring), to the burner. So far, all is simple and easy ; but the practical use of the lamps has always foiiiiiltred on the difficulty of regulating the atceleraHort of the fall, or the diminution of the force of thit spring, Xo the uniform demand of the buraer. The arrangements of this Icind are a)) want- ing in simplicity, or ihey effect their purpose but imperfectly. Gene- rally, the ascending tube is contracted conically at a certain spot, into which a conical plug fits. The spring in rising enlarges the aperture at the contracted spot, whilst the sinking piston lessens it by fbrring the plug either backwards or forwards, in proportion as iheir motion is irregular.' The application of a natural agency for raising the oil in lamps, first proposed by Celarier^ is worlby of notice, from its novelty and sim- plicity, and because it may possibly be productive of something else, not from the use actually made of it at present, which is by no means established. It is of very common occurrence, and may easily be ob.served. Celarier's lamp consists principally of two vessels, fixed one above the other, which are separated from each other by a partition; the upper contains oil, the lower air. In the partition, a narrow tube is placed, which opens into the air chamber below by a valve, and somewhat higher in the oil vessel, with a simple aperture. On filling the lamp, the oil in this tube rises to the same height as in the vessel; but as soon as the valve is opened, the air begins to escape by the same tube us that througli which the oil is passing, in endea- Toring to fill the lower vessel. The result is, with such a narrow tube, that with the bubbles of air, drops of oil, or rather little columns of oil, are carried up much above the level of the oil. Another plan, applied by Samuel Parker and Mallet, in which the oil is warmed in a ring-shaped vessel above the Hame, before reaching the burner, promises theoretically to be of value, but requires to be subjected to further proof, f Vapor I^mps. — At the commencement of this section it was staled, that volatile oils, inasmuch as they deposit carbon instantaneously, and axe yet completely consumed, are applicable as illuminating materials, as far as their high price will permit; it must, however, be- observed, that these oils, oo account of the large quantity of carbon A pr^wiiiv Ininp. pai«iii«nl (otdp yean dru, and jk<u> mntiurncturod to a coorirlvfKbla exWDt, in which tlie Hbw ot oti ti /eyulaLed liy n ulvcr mbo or reiy nanow taort, will be, Dcliocd in ihe Appendix. j- Pulwr'i hut oil-Uiup wiU be tletctilwd in the AppetuUx. I »- J OOVMb the %mnmij cf fcydio. _ ip«ril)lD 63 per ceM., less tku i frimlke suewiite «( M Mae cmt, bjr r,tWfcMe fn» M amommh bj or 3 tncs the kvdngm, oil or taflffv. Tke lea emlliuu of r' t, is, faovevcr, actnllj oafcan gmfrr npidity vidi wUcL Ike Schl is rrolm frocD the ua« qaaaiiK. LUendotirs bnp. Fig. -t^ is weU adapted to riwv the dif- fetcot node adopted itt hnag the i«facae «•!•, iron that eaployvd «i^ the ftls. ^ is the Tase fiy the iOnuBati&g ^r^ into wtueh the banter AdcsceDdsfroa aumalaoat to tbe bottocn. It cooasts fint of a straicbt, prettj wide, metal tiib« c «, fitting ttgbtl; into the real bonier tube ■ t^ which surrouixls a loose oottoQ wick a o, and bsteas it b; the semicircular piece x. Abore .i, ax s distance of about 2 LDcbes, (the wick exteodiog thus far,] the tnbe becomes narrower, and ends at d^ in the koob c, which is the real burner; at tbe base of bj from ten to tweire boles, i line in bore, are made in a circle at equal distances from each other. Wbeo the lamp is to be used, common spirits of wine is ignited in the cup < e, to vaporize the illuminatiog spirit in tbe upper part of tbe wick. As soon as tbe vapor issues from the apertures A, it is ignited, ami ibrms the Qames /, which surround the knob c. The metallic mass is then sulbcient, on account of its high temperature, to keep up Taporization with ease (even at tbe distance of e uom the wick), and the lamp continues to bum by itself. To protect Ji from the action of the btirner, which gradually becomes heated, the latter is surroiinoed, to the depth of three inches, with a wide case 1 1, which is attached to it below (at i i), an that a space filled with air surrounds tt thus far. I.ampi* of this i 1S6 REFLECTORS, SHADES. kind f^ve a costly hut brilliant H^t, free from all llie tncotiTenieDces of coinmoti wicks." Beate and d''Hanens' Lamps. — For the coal districts, Englaod and Belgium, vhere abundance of coal naphtha, or oil of coal tar, is ob- tained from tar, Bcale and d'Hanens have contriTed tamps without -wicks, fnr obtaining light Tram that substance. Both lamps are fed by means of bellows, by a current of air, therefore, of considerable velocity. In Bealc's "stt^am and vapor lamp," but not in d'Hanens, this current Irareracs the oil, and becomes saturated with it. The former produces a flame from 6 to 7 inches high, when supported by a double current of air, whilst that of d'Hanens, from a knob sur- rounded by ten holes, in the mannpr of LudersdorfPs lamp, throws out a crown, consibiing of as many single flames. Both lamps produce dazzling white Hames, which, in themselves, are without smell, and only disseminate the penetrating; odor of tar oil lor a few moments after they have been extinguished. They are, therefore, adapted for lighting streets and workshops, but not for rooms. Rejtectors, Shades, ^c. — The production of light from oil in the greatest possible (\|uantity, is by no means the only object of illumi- nation ^nerally, or of that by means of lamps m particular : the proper dissemination of the light with judicious regard to the nature of the eye, is a second, and not less important object. All light that is more intense than that of the illuminated objects (the room, for instance), weakens the impression made by them upon the eye, and makes them appear darker and less distinct. The eye is thus said to be dazzled by the light itself, it can no longer distinguish distinctly the objects in the immediate neighborhood of the flame, whilst the more distant ones, or those which are less illumined, it perceives vith perfect clearness, because the impression obtained in this case is not weakened by the simultaneous and more powerful action of the flame. Ground-glass, or translucent glass, (milk-glass), in the form of hollow globes, half-globes, bell-shaped, or vase-shaped, vessels, are the common means of deadening the dazzling eifect of the flame. Mention has already been made of this, in speaking of the Sinurabra- ]amp, in which the dull bell-glass is an essential part. The action of these is generally surprising; the outline of the flame itself vanishes from Ihi; eye, whilst all the rays of light proceed frtira the surface of the globe or bell, which thus has the appearance of being self-luminous, and as the rays sent from it cross each other in all directions, the objerls in the neighborhood can only throw short, indistinct shadows. Colored glasses are but little used, probably from their imparling an unnatural color to all surrounding objects. As light naturally spreads from any flame or source uniformly in all directions, contrivances are necessary to collect the portions which * For «i ncGouni of tb^ ineihods tMmtljr intrcNluoea Ibr tnimiriR cwnpbina (oil flf tuqirnlinc) in lninp«i. aM Appon-dix. [A (ivnl number of liunps fat fauming lurd iwTe twPD pRiPiitod in (lit* Unttnl Smm^ tam» nocioe of wbioli wili b« givsii in ■ Mtwequont inrtoribv wvtk.] — Am. En. A RCFLKCTOM, SBADSS. 167 would be vrastMl, aiu] direct ibnn to tbe parts vfarre tbej are reqaiml. Tilt intrasitj of the light, from th«' ordioitrT (dirf rgeot) rays, ditninishes rapidly, ia the ratio of the sqaare> vith the distaoce froai its sourre. Mhen, tbereforet ike shades and gntrnd-giassa — thfse being the otdittuy meaos of diverliog the rays — oot only throw back the ravs, bnt alao give tbem a parallel direction, their use becomes of a double kindt atm the dimtDutioD of their intensity no longer occura. The paralleUsm of the rays can only be produced with maibemaiical pre- ctsioa in two ways: either when the flame is in the focus of a glass lens — by refraction of the permeating light — or when it is in the focus of a parabolic mirror^ by reflection. A semi-circular can replace a parabolic mirror in its action, although only approTtmatively, when the flame is placed a( tbe distance of \ the radius from its centre. For the common lighting of rooms, very expensive lenses and reflectors are never used, but frequently simple tinned screens, tbe inner surface of which is polished or whitened, to prevent the absorption of light ; for lighting the streets, on the contrary, parabolic metallic minors are used. To direct the light downwards, which would otherwise escape above —the most common case — conical shades are generally (iseil, like that in Fig. 26. This light is reflected from tbe straight sides of the cone, as from a number of flat surfaces. The diffusion of the rays, in consequence of the slight height of the lamp, is here of little con- sequence. This is not ihc case with wall lamps, where the whole of the rays of light should be reflected and carried forward in a horizontal direction. Tinned screens, somewhat parabolic, are then used, or screens made of small pieces of glass mirrors, which together, as a whole, approach the form of the parabola. Ahhotigh, for common purpaws, it would be superfluous to derote much attention to the means of refracting ami reflecting tbe illuminating rays, yet for the more important and grander objects of illumination, alt the knowlcfigc of the learned, and tne ingenuity of tbe artist, must be called into play. An individual case, where these are required, will be better suited to give a clear view of the arrangement and adaptatbn, than a long description of the matter in its whole extent. The description of the French light-house lamp, and of a similar one for illuminating theatres, as regards their most important parts, will prove particularly instructive. The construction of the modern French light-houses resulted from tbe Qniied eflorts of Arago and Fresoel, in the year 1822. The burner of the lamp — as^uch light as possible being required in a small space —consists (according to the rank of the lignt-hoiiHc) of two, three, or four, Argand burners, placed one within the other, each having a double draught of air, and which together are supplied with a constant flow of oil, upon Carcel's principle. The wick-holder is separate in each, but the glass chimney, lengthened by a tinned tube beyond the box, is common to all. Thus constituted, the compound burner forms the centre of the case (of the lamp), which is nearly as tall as a man, and is composed of optical mirrors and tenses, in metallic frames. 0 163 AEFLECTORS, SHADES. It is well known, that (he fahricntion of glass lenses several feel in diameter, is practinally impossible. These, therefore, are made up, at Fresnel's suggestion, of sinp^le polished iens-rings, surrounded by a frame, which together assume the surface of a perfect lens, and produce the same effect. The position of these lenses, and of the reflectors in relation to the burner, will be evident from Fig. 46. Fig. ««. <y\. Two rows, ronsisttng of eight lenses each, surround the burner in a ring, the larger ones L, and the smaller inclined ones I; above boih are placed the reflectors S. The rays between R and r are collected by the lens L ; and, as the flame \s in the focus 0 of all the tenses L and I, the rays are refracted, and proceed in the form of a bundle of parallel rays. Those which have an upward direction between r and r', suffer the same refraction by means of the Ions /. Thus far, the whole light would be emitted in the form of two cylindrical rays, — in reality, slightly conical — from the imperfection in the lenses, of which one only would proceed horizontally in the direction of the ships, the other would be uselessly directed towards the sky. This is obviated by every lens / being associated with a fiat mirror S, the inclination of which corresponds with half the angle of inclination of ihe bundle of rays directed upwards, so that this is reflected in ahorizonial direction. The effect of parabolic reflectors, instead of the lenses, is too partial, ns it is impossible to adapt many to one burner; t^e ships, in every direction, would consequently not profit by the light. These lanterns revolve upon their axis, by which means, at each revolution, light and darkness are caused to succeed each other eight times allernately; the eight double bundles of rays being separated from each other. Thus the crew are enabled to distinguish the light-house from all other lights u[ion the coast. Pccief, in his celebrated work upon illumination, mentions that these, or similar methods of illumination might be used with advan- GAS ILLUMINATION. 150 I I I I I tage in theatres, wbich are often very inadequately lighted. Tht poation of the chandelier at the height of the upper boxes, dazzles ihoce occupying that position to such a degree, that the middle of the ■tage is to them quite darkened. JLocatetli succeeded in obviaiiog this evil, by an experiment made in the year 1825, in the Theatre Fenice, at Venife, which appears to be as ingenious as it is worthy of imitation. The chandelier is there placed in a round opening in the ceiling, Ihereibre quite without the theatre, and in such a position that the burner can be directly seen from no point. An apparatus of parabolic mirrors throws the light as a cyliadrical bundle downwards into this opening, where a second arrangement of dispersing lenses spreads it in all directions over the space oelow. It is self-evident, thai all arrangements for reflecting or deadening the light, must themselves entirely absorb a portion of it. Of Oat iliumination. Historicai, — The observation was made in the year 1664 by Dr. Clayton, that combustible, illuminating gas was produced during the decomposition of coal by heat, and that this coula be collected; one hundred years afterwards application was made of the fact. I>ord Dundonald built some roke furnaces in 1786, and amused himself by collecting the evolved ^ases in lubes and burning them, but without any definite object. Since the year 1792, another Knglishman, of the name of Murdoch, to whom we are indebted for the invention of the useful application of gas, occupied himself incessantly with experiments up lo the year 1796, which were crowned, in i79S, by the erection of the gas-work for illumina- ting the manufactory of Boulton ami Watt. Independently, and about the same time, Le Bon, a Frenchman, succeeded in illuminating hifl house, which was warmed by the same means — thermo-lamp — by an apparatus in which he evolved bad gas from wood. Gas was employed by Winsor for street illumination in the year 1812 in Ixindou, »nu 1815 in Paris. OH gas was first prepared on a large scale by Taylor in 1815. Illuminating gas occurs in nature, and not Terr rarely, but it is not of such good quality as that artificially produced. It has always been observed where matter of organic origin, contained in rocks, is Bodei^inf^ gradual decomposition, (p. 31.) The celebrated holy fires at Baku (Prov. Schirran) on the Caspian Sea, are due to the ignition of a gas which issues from the earth, and which Hesz has shown to be light carburetted hydrogen with some naphtha vapor. It contained 77^carbon to 22.5 hydrogen. In New York they have gone still further ; the practical tact of the Americans has already made use for industrial purposes of similar sources of gas at Frcdonia on Lake Erif . The gas is there collected in gasometers and used for illumination.' The * tl appewft froin ■ \|»pci of Mr. Rii^rd Cowling Tajlor, puljIishMl in Utt PbiloMV phical UMgmiiar, fur MnrEh IS45, ibal xhr (Tliiiimp, mhl)oug)i perhaps not (m* nianiiflKtnrm, bm hevn n«v(rn)i?TirfiB acniiftin'<!(l with lli« um of coal pubotfa fin tUuTninatiiiK and hnttng pitpetA kms bfkitf tbr- bnnwlnlitv of iu •pplknikm wna aequiriNl by^ Eiirofxwna. Bci\|> of omImc rrcqurtiil]' pietTxHi in Chin* l>yUi« borwa for nit traiw, Mod ihe utOintnuiblv \|u is vonveyetl in i>iie tu ibe Hill workf, wb««iiu«Mdteboiliii(siidenponuinf tlte 1<D NATURE OP ILLUMINATING GAS. bumine fountain of Daiiphine is of like origin ; but the soil of particularly in the neighborhood of Ihe Apennines, is remarka' \ in such phenomena ; Pietra Mala, Barigazzo, Bologna, Parma, are the chief localities of tbis kind. Phenomena of a similar nature occur ia the Cordilleras, in Hungary, Greeee, England, and other countries. J\''atuTt of lUuminating Gas. — The genera] principles of illumina- tion (p. 11'^) show thai the lig^hling properties of a gas or mixture of jrasefi, must depend upon the relation which (he carbon in it bears to the hydrogen, and that it can only be turned to a useful purpose wLeJi there is more of the former of the two elements present than in fire- damp, and when the proportion of both approaches that of olefiiDl gas. Light earburetted hydrogen (C Hj) contains 75.4 carbon to 24.6 hydmgpn ; olefiant gas (C^H,) 86 carbon to 12 hydrogen. The latter would have a decided preference above all, if it could be pro- cured suflicieniiy cheap. 'ITiis, however, is not the case, and we are obliged to be content, from motives of economy, with a mixture of gases, which is produced by Ihe decomposition of certain substances of organic origin, and which contains so much olefiant gas that it far exceeds light carburetted hydrogen in illuuiinating power. \Vhen these organic substanrt-s are exposeil to a certain temperature in closed vessels, the following process results. A coaly residue (coke) remains, and certain volatile products escape, which partly condense on cooling into far, and an aqueous Huitl, while the rest is a mixture of ga^es, but contains, also, no inconsiderable portion of the volatile vapors of diflerent compounds which remain dissolved in the cooled gases, without being condensed to litjuids. The researches of Sell, Blanchel, Hunge, Kiild and others upon coal tar, have led to the knowledge of a number of oily, volatile products, of very different chemical character, and which are mostly carbo-hydrogens with a very large proportion of carbon. To these belong kyanole, leucole, pyrrole, rosolic and carbolic acids, and naphthaline. Most of these contain 90 per cent, of carbon, naphthaline as much as 94 per cent., and in burning (hey depo.sit it in still greater quantity than olefiant gas. It is, therefore, easily conceived why the vapors of these sub- stances remaining with the gas, so very much enhance its value. Such mixtures of gas and vapor are called illuminating gas, without refer- ence to the .separation of noxious and useless impurities before il is used. We have, therefore, to consider illuminating gas, not as a defi- nite compound, not as light carburetted hydrogen or olefiant gas, but rather as a mechanical mixture of ver)' various bodies, some of which are slightly or not luminous; whilst others are exceedingly luminous, as olefiiutt gtts and the carbo-hydrogens which possess similar pro- perties, anci to which the mixture is indebteil for it.s illuminating power. It is & remarkable chemical peculiarity, that carbon and hy- drogen are capable of uniting in Ihe same proportions by weight to wll; other lutxinrnTcy Uifl inu ki>U'nJ(Ml faT)iKl>iin)Ciho (iri'rusiul ibe larncr aparirnenu am) kitchrna. Wtmi llirre ia ttill mor<> gn* ibtin is t«i\|uii(i]. ikc Dxc««a U oooilupieil Ivimiiil ih« limita of th« Mlt-woikt, hiuI Uier* form* Miwraw clioTinv^k or oolumn* of dun. COAL CAS. 161 foriD a series of gases and liquids, which are ooly difTerent on account of the diflerent amount of contraction of volume which their elements undergo in the moment of combination, and this alone can explain the great muJiipUcity of solid, liquid and gaseous hydro-carbons which are known to exist. It has already been stated how differently certain substances, as wood, fat and coal are suited for the productioa of light gas. Coal, fats or oils, resin and tar, asphallum, soap-water and the refuse of animal bodies, are all practically employed (some experimentally) according to the locality, in the production of gas. The different nature of these bodies requires that different modes of preparing the gas from them should be adopted; and these must be considered separately. Coal Gas. — Experience has proved that cannel coal is far superior lo all other kinds, both as regards the quantity and quality of the gas, which it yields. Scotch Parrot coal is ihe next best kind. Even the Berlin gas works use cannci coal from England. In countries where Uiis is not to be met with, as in Krance, highly caking coal, of a similar character, is chosen for this purpose, and on the east coast of England caking coal is generally employed for gas making. The amount of gas obtained from a given quantity of coal depends Tery much upon the quality of the coal, and upon the manner in which the distillation is conducted; it is, therefore, very variable, as will be seen by the table below. Locatiir of Uw CcmI. V\ WarkiUwhlrhllH o(i«cr«iiiKiiii wero nwdt. Dean coal, fWnn Cumtwrlaod . . . Equal parts Cann«l and Cardiff coal Alliance Cpmpanjr in DuMtn. Lump «m1, rram West Bromwich Witmn Cnnnrl and OMIiam ) I Water^ie coal, luixwl J ' ' I Wi«wi ooal, snail . ■ • . . I Wigaa Cantial coal . m .' ■ . Ditrbjndiira ooal ,,.,■,. iK cwcudecoal Birmingham Company. Liverpool old Compaay Laicaater. London. According to Accuro, 100 cubic feet of coal give from 18,700 to 9200 cubic feet of gas, according as the best kinds of Scotch or Lancashire coal are used, or the worst kinds of Slaifordshire coal. At the hospital St. Louis, at Paris, the yearly average from as much coal was 12,300 cubic feet of gas ; which is equivalent lo 493 cubic feet of gas to the cwt. of coal; Precbtl estimates the produce at 700 o 162 COAL GAS. cubic feet ; so that the statements as r(;gards the weight of the ga»,\ vary from 13 to 17 per cent. The decomposition of the coal begincj with the iDcimeut red heat of the enclosing vessels and lasts, when large quantilies are employed, several hours, the quantity of gas gra- dually diminishing towards the end. According to Peckston, in an eight hours' distillation, the rehtive quantities of gas given off are, in the first hour 20, in the stxond 15, in ihc thiru 14, in the fourth nearly 13, in the fifth 12, lathe sixth 10, in the seventh 9, and iu the eighth about 8 per cent, of the whole quantity, when the fire is uni- form and the vessels are constantly at a red heat. The cubic foot at the end, therefore, costs 2^ times as much as at the beginning. The quality of the gas, at the different periods of the distillation, however, must also be taken into consideration. For this purpose it will he proper to cast a glance at the ingredients of the gaseous mixture in general; this consists, after the separation of the tar and the aqueous liquid, of: ol^fiantgas, light carburetted hy- drogen, earbanic oxide, hydrogen^ vapors of t!ie voiatiU oils of ter, suiphuret of cnrhon, ammonia, sulphuretted hydrogen, cnrionic ncid^ cyanogen, sulpho- cyanogen, sulphurous acid, hydrochloric acidf aqueous vapor, and nitrogen. The carbonic oxide and a part of the free hydrogen have doubtless the same origin, being formed from the moisture in the coal, or from the first portions of aqueous vapor that are generated, which passing ovcrthe red hot coke arc converted into those two gases. The nitrogen of the coal is obtained entirely as cyanogen and ammonia, partly in combination, and the latter is also found combined with sulpho- cyanogen and the other acids forming volatile salts ; the free nitrogen, on the contrary, is the residue of atmospheric air contained in the retort. Sulphuretted hydrogen and sulphurous acid are due to the sulphur (as iron pyrites) in the coal. The first four of the ingredients named, with the illuminating vapors of tar oil, form the proper bulk of the gas; the others are small quan- tities of impurities which should have been separated with the tar. It has been found by experience, that the relative proportions of these four ingredients vary with the duration of the distillation and not in favor ot the illuminating portion of the gas. ^^'hen chlorine is added to light gas, it forms with the olefiant gas and (he vapors of tar oil — with (hose constituents, therefore, upon which the illuminating power depends — a fluid compound, which separates, and the original volume is consequently diminished. The diminution which the volume of the gas suffers when mixed with chlorine is, therefore, in direct propor* lion to its illuminating power, and to the value of the gas, to the amount of olefiant gas (and tar oil vapors) which it contains. This explains the following statements, which contain the experiments of Henry, and are, m> far, a correct representation of the process and trustworthy, inasmuch, as that observer followed analytically, step by step, the whole course of the evolution of gas. Heniy found, that below a cherry red heat, almost nothing but hydrogen, atmospheric air, and some tar passed off* with hardly any illuminating gas, but that. J COAL GAS. 163 at that temperature^ illuminating gas alone appeared, and this was composed of a mixture of gases in the following relatire proporlions: nm «r caUNdOB. In ibe ant bnat f hfmn nAnr t)i« . Q 1 cofntOHKcnMot BpcciCe o.eao o^so 0^90 0.500 Abw>n>d ehlonn. Carhufvl' gtn. Csilmnlc oxide. (Sn. Ntlni\|«iL Ml of 100 ptna sf fu ma Wlnik CwimI etmL 8f.ft as 0 •!7 1.9 88 it 13.3 16 M 11 31.3 30 10 OU As a general rcKull, therefore, carburetted hydrogen is formed in decided excess, and the most luminous portion of ihis, which is con- densible by chlorine, comprises only alwut } of the whole. These numbers also prove distinctly, ihal, after about the fiAh hour the Quantity only increases, but the quality does not improve, indeed this eterinrales so rapidly, that at the expiration of ten hour?, the gas which passes over is hardly luminous when ignited, but burns with a very faint blue Hame.* The immense increase of hydrogen, which at this la»l period amounts to 60 per cent., is remarkable and very important to the manufacturer, an increase, which is no longer due to the decomposition of aqueous vajwrs, but to that of the carbo-hydro- gens themselves. In accordance with an old observation, these are uecomposed at a high red heat and deposit a portion of their carbon on the sides of the vessel. More recent experiments of iMarchand show the progress of this decomposition very clearly. When olefiant gas was conducted through a red hot tube and the heat constantly augmented, the gas passing off, collected in successive portions, con- tained the foIk>wuig quantities of carbon 1o 100 of hydrogen. HjdMgfa Cubon lure of tho gmi. Uyingtn Cubon NMuie ■■») lenpara- MNoribafM, 100 : 6U OleHnnt gaa. Wt : 357 100 : seo Roiltiakt. 100 : 336 Irilciun white hwil. too : 933 too : 307 Light vfubareticd ^ 100 : 47S hydrogen. k 100 : 7 CuDiinuLiI wliiio beat (nearly puM hydrogen.) It is evident that this decarhonization is at last complete, and that it is very unfavorable to the illuminating power of the gas ; it in- creases with the degree of heat, witli the extension of the red hot ' Tbe sp«>ciflc icnvity, u will be >een, keepi pue wiUi Uie quality of tho pu, and cmn ihua lair be lakcn a* b U-aX uf iu valun. A> [luie nlnftnnt \|pu hiu khout ih* ipwiSc gnviiy vt the aii (U.PH), the ttcnfiiy v( an iltuminiiiini; ipu mutl iocrcw* with Hu r]tinnUiy aC deliiint gu oontnincid in jl ; yet An ettrnordinuy nnouiit of carbonic oxide (>p. gt. am (1.U7), or of oubonic add (ip. gr. ■■ l.flZ) majr give n»e lo etnin of •ome nwKUtludv. 164 THE RETORTS. sides of the retort, and with the time that the g;a8 is in contact with them. On a large scale, when the whole charge becomes at last converted into red hot coke, this noxious influence can never be en- tirely avoided, but with proper precautions it can be kept within certain limits. Whatever precautions may be taken, the carbo- hydrogens must always pass over red hot surfaces before they can reach the conducting tube, and hence, alihough only for a short time, they lind the ojiportunity of depositing cnrbon, which is constanti produced in greater quantity than is desirable. The practical man will lind no further diiHcuHy in adapting >ppi ratus to suit the conditions prescribed. The best product wiU be obtained, when none but dry coal is used, and when this is directly brought into the retorts at a cherry red heat, a uniform temperature being kept up throughout the process, which should be immediately stopped ader the exjiiration of five or more hours, when the illumi- nating power of the gas begins to diminish. It must not be supposed, however, (hat the gas is directly produced from the coal, for the observations lead to the conclusion, that tar is Che first product, and that, by the further decomposilion of it, the gas is generated. Hence a certain temperature (below a red heat) gives rise to tar only. The individual parts of the gas works depend upon the general principles which have here been explained. ^_ The Retorts. — The vessels used for decomposition are called retort^H and were originally oast iron tubes of about one inch in thickness, about 7 feet long, and 1 foot wide; they are closed at the hack and furnished with a short tliick peg cast in the direction of their axis. The daws which often occur in cast iron, arising from particles of clay, air bubbles, &c., make it necessary that each should be tested, before being used, with reference to its impermeability to gas. This is also requisite with the conducting tubes (see below), and is done by forcing water into them under a pressure of IJ to 2 atmospheres, or even better, by means of air at the same pressure, the tubes being then placed in water, the escape of the air, if such should occur, can be obser^'ed. The retorts are not cast in one piece, for the hinder part which is exposed to the fire becomes from time (o time useless, and must be changed, whilst the neck or mouth-piece remains quite unacted upon. The neck and body of the retort are connected by flanges and screws. The neck is open in front for the convenience of charging and discharging, and furnished with an easily fitted lid. rig. 47. Fig. 48. d, Fig. 47, which is fixed by means of the screw to and the hold-fast V. The latter, by means of a hinge at one end, and a peg at TBS ITILXACf. olber, can be turned back, or finnh pmsnl i^nst the nootb of tbe retort a m. The moath of tbe letoct and tb« lid tn giDVod oottic»I\|y. like a ralre; d cUj is mpplied betveea tbe two incfiaed sorfiKCS, •Dd the bold-Gut acrevvd op, ia a fev moroenis ao air-tigbt Kxnt can be nade. Isstead of ibis, two best levers. Fig. 4tJ, majr be xued, whicb wbea tbe ring « is farced up, press with their sboalders aguut tbe lid. in ali caaea, tbe moutbpiece is farnisbed with a wide tube k (Fig. 48) east OQ to it. Tbat farm of rctoit would be the best which would bnn\|; tbe wbol. charge into coonectioo with the red hot sides, HcqcCi at tbe iasti-^ Etion of Precbil, the ofigiaal circu- faciD of retort (Fig. 49) was soon ^- "- '%- "• f^- »!• swperseded br the elliptical fonn (Fig. 50), and this has been im- proved bv bcDdiog in the lower sur* face (Fig. 51). With the same length of 6.5 feet, (exposed to the fire), 150 lbs. of cool, when they only balf fill the retort, will cover, in the round retort, a red hot sur- face of 10 inches in width, to the oval one a surface of nearly 13 inches. The layer of coal in the laner retort i« 4 int-ht^s thick, and about one-thi[d nearer to the lop of the retort than in the circutnr form. These advanta^s, whicb are self-endeni, are strikingly shown in practice, tbe requisite time for heating being reduced nearly one- half. 7%e Funtact, — I^g. 52 shows the arrangement and position of tbe retorts, of which there are generally five pyramidally placed in one r»f . St. 166 T8E FL'RKACE. flinmce: Fig. 63 is a front view of the same. Tn the three fimofi the fumRce, a is the door, c the grate, and b the ash pit, with n well e for occasionally drying lime-mud (see belowk d are three arches which pass transrerseiy over each dre and divide the ftame, c c is a large arch overspreading the retorts r r, against which the flame breaks and escapes at the side. The conducting tubes rise side by side above the furnace, passing behind a targe horizontal tube i, called the hydraulic main, ami lastly turn over above it, and enter it, dipping down nearly to the hnttom. As this main i is filled with tar, the mouths of the tubes h h are closed, and there is no connection established between the separate retorts. One may therefore be opened and charged, without in the least interfering with the proc< going on in the other. The greatest portion of the tar separates froB Tg. 43. the gas in t, which lattti piisses otT llrough /, whilst the former carried away by the tube m, (curved for the purpose of keeping t half full,) through fl to a tar cistern sunk in the ground; i can he com- pletely emptied by means of k. A very hot llame, mixed with an excess of unconsumed air (oxydizing tlame), is unnecessary and deleterious, both for the evolution of gas, and on account of the rapid destruction of the retorts which it occasions; everything, therefore, depends upon a uniform, steady fire. The destruction of the relortav is incredibly rapid, and dependent upon several circumstances; be^\| sides the combustion caused by the hot air of the fire, thr sulphur in the coal converts the surface into sulphuret of iron, which mells off, ajid lastly', the deposit of carbon in the interior is of no slight import- ance. This carbon is partly in the form of a hair-like deposit, partly stalactitic, from the droppings of tar, but generally occurs as a coat- ing, 1 or 2 inches thick, in concentric layers, and combined with iron to form graphite. The specific gravity of these layers increases rapidly from the innermost layer to those on the outside, from 1.7 to 2.3. The outermost contain 1.72 per cent, of iron, the inner layers less; sometimes tliey are so hard, that tliey will strike fire with steel, and can be polished like glass. Carbon, sulphur, and the oxygen of the air, arc, therefore, conjointly the enemies of the sides of the retort. CLAT BCT0KTS-^[snLLAT10<V. I I I I l%.M. ng.u. The retorts safir ■oil Snm the air vluck eaten at the tloor Ibe 6i« U poked, aad attacks tlwn whaaC nd-hot. To pnted Ibeai from thia, the slokug bale is soaethses atnaled it tke hack of the fiiniace, in a coatinntfiaa of ihc cbimner, when ibe noxious dimudit passes up ibe cbiomey withoot attacking: tbe retoris. Clajf ttetortt. — As a reafdy for ibis ereal evil, Grafton at lenetb jaceccdcd in iatmlMciag chf retorts, vbich arc bow Tery gestfulj ■led is Englaad. L«r^ sized retorts, ia the shape of a a , vidi th« boCtom soffiewbat beot in, are preferred ; three of these are pbced in ooe fomace, but each has a separate fire. Their shape and positioo in the fiimace, will be erideot ifoin (Igs. &4 and 55, and h will be per- ceired that the furnace does not dtfTer maieriatlT froin the ordinary gas furnace ; ^ is the retort, 7 feet long, 4 to & feet wide, and 1 foot high, supported by the pillars GO; it ia connected with a casl-iroo Boatb-piece D, and is cotn- poced of clay partially mixed with sand, and pounded clay- ware ; the single pieces are connected at their joints a a a with the same clay. The loss caused by the escape of gas through the pores of the clay, ia certaiidy less than that occasioned by ibe destruction of the iron retorts. DuiUlation. — The process of distillation hardly requires further twtice; it is begun by shoveling the roalinto the glowing retorts (27'^ Wdg.), and spreading it about, when Ihe lid is immediately xcrfwed on. The process requires 5, 6, or 8 hours, according to the nature of the coal, and the shape of the retort ; the lid is then quickly uo- flcrewed, for the removal of the glowing coke in iron barrows, and the retort is re-rharged as quickly as possible. Inasmuch as (be coke is taken from the furnace red-hot, the heat required to raise it to that temperature is lost. To reminiy this, Croll introduced the practice of burning the coke as fuel, immedi»tety alter its removal, and this plan ia said to cause a saving of 10 per cent. In the large C'shaped retorts, which are said to last twelve years, 1 cwt. of coal can be distilled in the hour, for which operation (as the average of many months) 22 to 23 lbs. of coke are requisite. With the old retorts, half as much coal as the quantity distilled, was allovreil for heating. In the hospital at Paris, mpniioned before, U of the coal distilled, appears to be (he general aTerage quantity required for heating. In general, the ordinary arrangement of the retorts, and the process of distillation carried on in them, has one evil, vli, that the 168 TBE CONDENSER, farorable circumstances under which the g:as is evolved at 6rst, are constantly changing, and very much to the detriment of the last por- tion of gas; as it at present exists, the arrangement renders it imjws- sible to check this evil. For this reason, an idea of Heginbotham is vorthy of notice, which is, that the retorts should be furnished with a movable screw throughout their whole length, the worm of which works against the inner side of the retort. The whole thus assumes the appearance of an Archimedian screw; the internal space, there- fore, instead of being cylindrical, forms a spiral channel. From the one end, the smalt coal is constantly taken up into this channel, aod slowly propelled by the screw through the red-hot body of the retort to be eiipelled at the opposite end, where it falls, as coke, throuefa a funnel into a closed water chamber. In this arntngement, wiihout reference to other difficulties which have not yet been obviated, the excessive evolution of hydrogen towards the end of the operation, does not occur. The contents of the retort are placed during the ■whole process in the same favorable circumstances as ibey were at the commencemeut.* The Condenser, — The warm gas which issues from /, Fig. 53, ladea with an excess of the va- F'8-*- por, which, if allowed to , '^ . condense in distant parts of the apparatus, might stop up the tubes, is con- ducted from thence to tb« coolers^ or condenser), all of which are intended to cool the gas, but are very variously constructed. — The ordinary condenser. Fig. 56, consists of a large iron chest, with a false bot- tom ab; the upper part Ji, which is fdled with water, contains also a series c^ tubes, connected together by saddle-joints, each sin- gle one of which is mounted air and water-tight, upon a b. The lower part is intersected by four plates o o o o, forming as many distinct cells, in which the fluids collect until they attain the level n n, when they flow out by the tube /. Cold water tlovts into the apparatus through d, and the warm water runs out at e; the gas itself pursues its course through f; t is used for drawing off the tar. Other condensers consist of a very high perptrndicular tank, with a system of gas tubes in zigiag, over which an uninterrupted of water rains from above. .-Ami, • A npw mode urnrraiiKinBclKyniMl ifoo rcioru in one funiii^ with ngtt^X MVh.gof nuoh kM detrifneot to itu rciona, will be detoibed in ihe Appcndii TBC Lorc PCKlFtCa. 169 I I I Ob Inrvaz the coodeaan, the gw stiD rmimm d Ae iagrrdieals mentknsfd ; ataoafjit tkeatt Mrenl are vseless, kuidj, caHwue aside, and free bj^rogen. «hkb bvni vhh & rei7 sl^ifat erolntioo of Eght. lod ooly Und to ifilare dw ns; otbexs, on the eootfwy, we drtrimratal vhea bintf. as smnoMa, oombined witb cvbomc, mti- n^ic, solpfaoric, and snlphanns aods, and sttlpbarrned hydra^m. The pori^catioo of the ^»m has refefeofe <m\y to the latter class cf tmpanties, and aoC to du fonaer, bowerer nuch H may be to the ititemt of the coRSOBker and tbe pradacer to remore them all. The chemical oatare of carfeoaic oxide aod bjdrogea does not ndrntt of iheir being remored io so ooQTcnieot a manner as die salts of ui- monia, for which latter porpose shked-Uaie is emplojed. Tht lime Pmrifier. — !□ tbe first instance, Km« vas enpkinped (as milk of time stirred ap vith vater) in the apparalns dwwn m Fig. 57. To the lid of tbe outer ressel, a funnel- Hc.n. shaped appendage, ex- panding bettnr, is fixed, dipping to a considera- ble depth into the milk of lime a. The gas entering through this, forces the milk of lime down to the extended part, and escapes through the sieve-hUe ipertures into the lime in small babbles. The space traversed bj a bubble passing directly upwards, is murh loo short to effect the complete purificaiion of the gas; its course is therefore lengthened by agitating the lime with the louser, or agitator b. The axis of ibis is turned by wheel and pinion work on a point below, and passes through a stuffing box abore; abo?e the bottom of the vessel a framework r is fixed to it, which keeps th£ lime in a constant rotary motion. Thus the lime is kept constantly in suspension, and the gas bubbles are forced to assume a long* spiral counsi;. The aJditional tube </, enables the workman to empty the vessel without taking it to pieces. The action of lime applied in this manner is unsatisfactory; first,, because the acids must be separated from the ammonia, before they can unite with the lime, and time is not allowed for eflfecting this; secondly, because »11 the ammonia is allowed to pass olT with the g8s;f and lastly, because the gas bubbles — quite contrary to the * Solpbuniied brdroicn blaukena iDCUb nnd oil colore w1>ra it is drolrnl with UiifJ g«a mxtA (kH ignitnli when tninil, it tbrtn* ■ulpliutoniBriilnnil water: iMiinioiiiii bum* IO( nitrii; acid hoiI waicr; fulpburet of cnilxm, nnd njIphwjrHnogBti, wtlini buint, ■lo rorni nlphumtu ociil; bat c^ranognii nntunllf cnutn ih« IbnnBtioa or«ftrfaDnk aohl Kflil nitnjKML t Aooortlinx w Mnllci. ooiil unbril j,^, j of iti wtiffhl of utunonla; aiid llw gBi, l«- fore cntonng iho purifier, coauint y\g al' iu volume, 170 TUB LIMK PURIFIER. principle of the purificalion — must pass through the apparatus, tii a pressure of about 28 inches (w»terj, and consequently tvitb a tlimt- Dulion of their volume, and the pressure, reacrin^ upon the retortii, forces the gas 1o escape with great velocity, eiea from the minotesi aperture. Darcet, therefore, proposed, instead of forcing the gas through the milk of liroe by its own pressure, to use an Archimedean water screw, which mtibt then he made to turn in an opposite direction. As the simplest and most efTective pinn, without any pressure whaterer, the method introduced by Berard has been gene- rally adopted; no milk of lime is used, but moss which has been previously well mixed up with moist lime. Trellis work or sieves covered with the moss are placed, 3 or 4 one above the other, in vessels with two divisions under one cover, and these are made air- tight by a water valve. There are generally 4 of these piiri6er3; the 4[n is kept in readiness whilst 3 are in action, so that tne gas enters the one containing the most impure lime, and leaves by the 3d con- taining the freshest. As soon as the gas begins to blacken lead paper {showing the \|)ri-.sfnr(; of sulpliuretted hydrogen), the first purifier is removeo, and the gas is passed into the second and out of the 4lh, whilst the lime in the firbt is renewed. The refuse lime cannot be immediately thrown away without causing annoyance, on account of its noxious smell (sulphuretted hydrogen); it is, therefore, thrown under the ash pit e. Fig. 52, where (he lire destroys the injurious vapors, and the residue is used as cement for the retorts. Graham found (hat the action of the lime could be very much increased by (he addition of an equivalent of 4^ parts of Glauber's salt {sulphate of soda), for sulphate of soda exposed to the action of the gas is de- composed into hydrate of soda (caustic soda), with n simultaneous formation of gypsum. All the sulphuretted hydrogen is llms speedily taken from the ammonia to form the bydro-sulphuret of sul\|)hurel of sodium. All the defects are thus removed, with the eiireption of the chemical insufficiency of the purifying material (the lime). The safest plan would evidently be to bind the volatile ammoniacal salts by double decomposition with an earthy or metallic salt, so That non- volatile salts should be produced. This, in fact, is the idea upon which the most recent improvements are based. Penot was the first to employ, with perfect success, the sulphate of lead waste from the cotton print works, which he suspended in water in the manner of milk of lime. Sulphate of ammonia is produced on the one hand, and tjulphuretof lead on the other; the abstraction of (he sulphuretted hydrogen is thus complete, but a lime purifier is still required on account of the carbonic acid, and the sulphate of lead cannot be obtained in sufTicient quantity, nor is it sufhciently cheap for use in the gas works. Hence, it appears, that the more recent method <^^ purification proposed by Mallet, deserves the preference, inasmuch MH a nearly valueless salt, proto-sulpbate of manganese, which is pro-^^ duced in abundance in the bleaching powder- works, is employed. Instead of this salt, green vitriol (sulphate of iron) may also be used. In every case, howcverj its well for the preservation of the vessels as OIL GAB. ni fee obtaining tlte proper aetrao, it is Dccessarr le oeotroltxc the escers of ftcid cDotaiDed in it, bj the ammoniacal water of the tar cistern. In the VBsbioe ressds, 3 or 4 of which are sufficient, the gas comes in contact wtin the neutral naogaaeset or iron sohittoa in the forni of a Idaii of wateifiiU, tlw total pressure not exceeding 4 to 6 iadMS. Salpliate and Bmriile of uunonia, which dissolve, and carbonate of Mattgasese, with salphurets and ci-aoides of the metala. are the com- pounds which reauh: the Hme is, iberefore, quite superfluous; but sulphuretted bydro^n, tf in combination, for instance, as a higher sulphurel of ammoaiuD], will ncTertbeless escape, and hence a Hme purifier beyond Mallet's apparatus, may be of service. The interrst- mg obiienratinn has lastly been made with reference to napbthaline, (a peculiar volatile product of the decomposition of coal,) that the presence of its vapor in illuminating gas is due to the ammonia; it IS at least separated in large quantity, with other similar substances above the solution of manganese. Notwithstanding the increase of illuminating power which the vapor of napbthaline communicates to the gas (49 carbon to 6 hydrogen), yet its separation is d^trable, as it occasionally depnMt.i in a crysraline form in the tubes. The sails of ammonia arc valuable as secondary products of ihc gas works; it is, therefore, advisable to wash the gas with pure water before it enters the manganese purifier; the water becomes gradually prettr well saturated with ammonia, and at the same time a great saving is eiTt^cted in the quantity of man^nese.* Oil Gat. — It appears, at tinsl sight, both inexpedient and superfluous to distil oil for the produclion of gas, when we consider that oil can be burnt in lamps without any further preparation, whilst tt loses carbon by deposition in the retorts. Purified lamp<oil is consequently never used ; but gas can be prepared from impure oils, Imin-oil, or refuse fat, with as much ease as from the purer kinds. The manu- facture of gas ifi, therefore, uiidpr certain circumstances, an admirable means of using up such materials for the production of light, as could not otherwise be employed, or only applied to the lowest uses. Tb« experiments of Henry, which extend also to this part of the subject, show at onc^ the plan that roust be adopted upon a large scale. lUs results were as follows: » •1 on TMiw»1 of (lie Dbdilaoou. Bngfal mi tienc .... INtio LiOW7>i poanble Ivm peraturo LbM- r«l Imt I- 0.444 OJWO 0.V06 In m paru of illuninaling pa» mwM X 0 Iff 23.5 36 m 98.% ».4 MS ia.3 14 t IS.3 B.5 4S.1 99.4 7.7 3 I a.6 4 4 a An improTod method of [HiriBcaiion will be dcKfilied Sn ili« AppeodU. in OIL GAB. It appears, tlicn.tbai oil gas is superior to that obtained froio cos as is also shown by its ileitsity, aiid that the produce, dependt-nt chiefly upon the tecnperaturf, is of the best quHlify when obtained at a low red heat. This temperatiiro suffices to convert the oil into gas, but is not sufficiently high lo decarbonize the gas to any great extent. The apparatus for obtaining gas by the tlistillaiiou of oil is repre- sented in the drawing below, Fig. 08. To accelerate the evolution A-i\ !32 i'.^. of gas, and shorten the tiiue which the gas alreadv produced has ti remain in the red-liot vessel, the retort a is filled with bricks, or lumps of coke, which extend the red-hot surface very materially. The se- cond cylinder &, serves both as ^e5e^^'oi^ and hydraulic main at the same time, and vith this object in view a and b are connected in two places d and e. Oil :flows Irom a large cistern above the apparatus in a constant stream through the tube c to 6, which (6) is thus kept fdled up to a certain level. From b the oil descends through c to a, is coiiverled into gas and tar, returning through d to b. The tube d makes a sliort bend, and just eniers liidnw the tluid level in 6, so ihit the vapors of the decomposed oil must constantly pass through the reservoir of oil, and deposit their tar. The re'.ort a is, therefore, coa-^ .siantly supplied, not only wiih oil, but with a mixture of oil and tafj^J in such a manner, that all the condensed products return to the retor^^ together with a fresh quantity of oil, until they are completely con- verted into ga$. If the experiment is made io a long lube, inclined 173 90' It tbe trader pirt, -riOrt IW fiMt tt bpt eaol, hMd^ My Ur win be Modaced. Tht gu vUeh eoDeds awve tlie o3 u 1^ ttiuBgh Ae tabcg. As tht iihji itiiiM rawed » the ca>e < do noi here orcar, cmc im marts tie lakfy ased ia villi the nse irinc ia ttha ntfitu, r hcuf the gnfe. to umlauifhyiMqaeal% 1 cifctc fcl (» aboatlgUbas) ofoil dace &o« 600 to 700 cahie feel of ^M, vUch is eqMfdcai «a fioa to 96 percent, by wwghl; theiiaiiwlii bciriwa, which iadcyoriled betweea the eohe or bckhsi aad nae aaamirfihle Ibmu 7ae pfo> dvctioa of ott-fas is « ceatiiiaoaa procen, aad thas iKfiiii fioia the dbiiUatiaa of oooL The n<orts odIt trqnire opeaiag ao« and thea* for the reaMml of the drposi of gnphke. Vigors « dhe sune coot- podtioa aad piopeftics arc feaid ia oQ-gai, as in co«t-gms. Tbos, aocndiB^ to Hox, tU the voiatile c^jtcamatic oib, which occur mund wnh each oAer m tar froa flil,haTe Ae saaie conpoiitaoa per cent, as oleiaat p& Faraday had prefioailjf obserred ia ''■gHiri, where ocl-gas was coiapressed far te^uca] parposes with a preasare of 30 atnnspbere, tbat these rapon were coDdenaed to a floid, of iriitch 1 part occupiai the nace of 7500 puts of gas. Anoagst the other oUj bodies preaent whid coolain Ina 80 to 90 per cent, of car^ boo, he was enabled to stvdiy so«e ta aa iaotaled stale, as tiiyle (<1 H^ dytriylc (C, HJ, and a thjid hydn-caifaon (C, H,). Bonn Gas. — If rosin (colophoaj) were usually fluid, iastead of bring solid, there wouM be do diflneoce in the oioile of obtainiog gas fmm it lo thai practiMd in the oJUgas roaoufacture ; as ttus. however, is not the case, it becotoes necessanto teoder the rosin fluid hjiwc suitable means, thai it may be easily supplied to the retut. The rolattle oil &om tar is frequently used for this puqxise. The flame from the retort fire, before escaping by the ehimner, is cau»ed to heat up a resael coataiaing rosin. As this mehs, it iridcles throorii a siere, into the second division of the rcssel, tearing the iupurtfies sod the sotid portion behind, where it is mixed with aa equal part of ihe oil of rosin (tar). Thus a solulion which will no longer solidify is obtained, and with it the retort is supplied, as with oil, in the former case. ^Vhen the gas has parted with its condensible va[>ora in the coolers, it is in a fit state for consumption, no further purification being required, as is likewise the case with oil-gas. One of the best arrangement^) for rocin-gas, and which has stood the test ofpraciice, is that which has been extensively carried out by Chaussenot, and is shown in Fig. 59; the rosin is here melted by itself, and the tal of tar collected and disposed of as a secondary pro- dnct. The draught to the fire-place P is regulnted through the ash-pit by means of the plate Q, which can be moved horizontallvbackwaids and forwards in the groove k. The air passing from below through the grate r r, and the fuel, creates a jwwerful flame, which passing, in the first instance, through the apertures g g gin the roof, plays round the retort jf, in the space Ju, and then, before reaching the chimney, heats the i-essel / containing the rosin, by means of the flue JV,/V". If this vessel requires filling, the Bre is shut off from JST, 174 nnsm gas. 'm. -'-' ?v^'^- i-.j^i^' by the damper b, and is allowed tree Kj,'ress at iliu .ijjt-tiure O, bj drawitif^ back the damper t. Both the dampers are worked by iron rings and rods from without. In Chaussenot'a apparatus, it is not necessary lo dissolve the rosin in tar-oil, because the vessel /, in ■which the rosin is melted, and the conducting tube //, being ron- stantl)- surrounded with hot air, no »olidilicatioa of the melting rosin at the bottom/, need be apprehended. Cnmbuslible gases are gene- raled by merely melting the rosin, which may possibly endanger the whole apparatus. To u,void such contingencies, the edge of / is fur- nished with a groove, filled with waier u u, into which the lid A' dips at V V, and is consequently secured by a water-vake. By means of the appendage y, the vapors can be conducted info the coimner, or under the grate. The melted rosin flows consecurively through H, G, and x, into the retort M. Between G and //is a plate o, with a funnel-shaped aperture in the middle, in which the conical end of the rod d is movable. If this is raised through the stufiing-box e, the retort Ji receives a larger flow of melted rosin; if it is pushed down, the stream diminishes, or the flow ceases entirely. The rosin flowing * In ilia nboT«>Bppiireti»ih« nieliwd nifin, uu, Afc, ^.r^ wMitocntcrike rpiori ihniugh K channel nmr the front purl of the ntun. $omo roein-KU appBratusM HmMructcd in llii* country, Coiiion'* Toi ciomptc, tmve rnmiihed the liquiil an erilnu>c« lliroa^ k lub_ BonutK into ill leiiort dirccily through ilie boi Mi<ltuiilMt w at X— Am. Kb. &XS FKOM SOAP-WAmi. vn I from Xj is carried lo Ihat part of Ihe retort containing the cokr» by means of fbe iDclined plale^. The coke is prevented falling; into the neckoflbrrelort b^' tlie grating/; hea>, loo, (he gas escnpos through a tube downwards lo the tar cictern C, and from (hence thiuugli E to the cooUog-pipe A which is immersed io water in a long (rough P. C IB constaoiljr nearl;^ filled with tar, that the mouth of le may always reniain immersed ; this, therefore, dips into C, whilst the g3i»>])ipe i.', bebiad the sectional level in the drawing, only just passes through the material of the main C. The neck /, situated above j, has ■ soiall appendage a'; this, as well as c", and o"', is constantly im- meraed, and all three are used only for introducing iron rods in cleaDsing the approaches to the retort; a is a similarly ronstructed appendage for screwing up the lid of the retort ; a, a', a", and a"\ are all furnished with iron semi^circles and screws, for forcing iron plates flat against the apertures- In such a furnace, therefore, dis- tillation goes on continuously, until the deposition of carbon renders a renewal of Ihe colce necessary. Rosin^gns is not so highly illumi- nating as oiUgas, and is of about the same quality as coal-gas ; it is used in many towns, as in Frankfort<on<the-Maine, Aittwerp, &c. 14 to 23 cubic feet of gas are obtained from 1 lb. of rosin. GasJ'rom Stwp'Watrr. — Few cases are adapted to give so favorable an idea of the practical value of gas illuniinauon, as the process car* ried out at the works of Houseau Muiron, at Rheims, where very good gas is obtained from refuse which previously cost something to throw away, and which now is a sourceof jirofil to the manufacturer. This refuse is the soap-water, in which woollen stuffs Iihvc hvau freed from fat. Besides the unchanged fat, wilh which thoNr goods are charged as they come from the loom, the soap-water contains a solu- lion of oleate and stearate of soda, and compounds uf the same acids irith lime in suspended flakes, and lastly, animal matters extracted from the wool. From all parts of the town the soap-water is collected, and brought to the reservoirs of (he works, where 300 cwts. at nlime are (reated with 2 per cent, of sulphuric acid, (or twice as much hy- drochloric,) mixed with equal parts of water. APiet the lapse of 12 to 18 hours, complete coagulation is effected. The water contains Glauber's salt (sulphate of soda) in solution; a little gypsum is formed at the same lime, and an impure gray, fatty matter rises to the surface. This consists of the fatty acids, oil, and animal matter with much water; the greater part of the latter has already been mechani- cally separated, and ihe remainder is removed by melting in copper Tessels, the contents are theu drawn ofif into a second boiler contain- ing some sulphuric acid (o effect a clarification. The fdtration which follows affords a clear oil, and this gives with crude soda (containing sulphuret of sodium), a very tolerable soap, whilst sulpburet of iron separates, together with a black solid residue, containing much fat Soain fpu N (MiMKlly miKh hoiTier and morn hijfhljr iltuminatinic than orrfbunr oost gat. anil lorthi>r«mwn acpn^n quanUiy of loan » Kmctim«« ur<1 with ib« cob), etpeeiall/ mx ibc I'hilkiielphia pu work. It U not eimvtytd to the rctoiu in ■ mc-lted , bnt Utnwn in lalitl, along will] the uonL^Aa. En. 176 JLLDHINATING 0A8 OF SELLIGUE. for distillBtion in the gas retorts. The process of distillatton is li that prarlised with rosin: the tur produci'd the first dny, is aaed on the morrow to dissolve and render fluid the solid residue, and so on. Gat from ^inimat Matter. — In the distillation of animal matters, bottes, flesh, &c., ns it has long been practised for the production of bone-charcoal and bone-black, tar (fetid oil, Dippel's animal oil) and gases are gt'deraicd. The illuininating; power of the latter has liatteriy attracted the attention of iritunifacturers. Seguin, in par ticnlar, has carried on the process on a large scale, making' nse of the gases. The material, for instance, the flesh of dead animals, con- tains 60 per cent, of water, which must be removed by drying, before being placed in the retorts, and the latter should be kept at a cherry red neat. The sulphur (a constituent of albumen, fibrine, &c.) is chiefly found in the gas as snlphuret of carbon, the nitrogen of the flesh, as carbonate of'^ainmonia. AHer being properly cooled, thegu ia first passed through a solution of rhtoride of calcium, where car- bonate of lime and sal-ammoniac are formed, and from thence throngh tubes containing lumps of sulphur, which condense the sulphuret of Carbon lo the fluid state, ami dissotve in ii. The latter wotdd be con^ verted in the Hame into sulphurous acid and carbonic oxide. ^^ HluTninaling Has of Setligue. — Afler remaining stationary for a long lime, some new improvements have latterly been introduced in the manufacture of gas, which, instead of applying the destnicHve process to a single material, regulate the decomposition of several substances in such a manner, thai the elements of illuminating gas are obtained fn)iu as many difiirent sources. The most important of these, is the process discovered by Selligne, in Paris, by which resin- ous matters are decomposed in the presence of carbonic oxide, and free hydrogen. It is difficult to specify what kind of chemical pro- cess may have furnished the leading idea for this invention ; but whatever that may have been, according to the statements made lo the Academy by Thenard, Barcet, Dumas, and by Payen in another place, as welt as from the experience gained at the Royal Prinlworks, the invention must be of interest as a step in advance. Thebttuminousslate-marlof Autun, asit isused bySelligue, alTordf^l when distilled, about 10 to 20 per cent, of oily products, j of whidi'" consist of a tight oil, of specific gravity 0.766 to 0.810, for the pro- duction of gas. Three red-hot cylinders are used in the process, which are walled in an uprieht position in a furnace. The first two are filled with wood charcoal, which is replaced from time to time it is consumed; the last is filled with chain and pieces of Iron. thin stream of water flows into the first cylinder, and is converti there, in contact with the red-hot coals, into carbonic oxide and hy- drogen, a process which is completed in the second retort, from whence both gases enter the third retort, in which a stream of tbe alate-oil is being decomposed by the red-hot iron. The decompoaei^^ vapors of the water (carbonic oxide and hydrogen) form here, wit^H the vapors of the slate-oil, the new illuminating gas. By the simul^" laneous decomposition of 157 lbs. of oil, and 160 lbs. of water in COLLBCTIO!! AUD DtSTKIBCTIOK OF TBI GAS. 177 I I this maaoer, 13,461 cvbic feet ci gu (of 0.65 sperific \|;ranty} mxt Mid to hare been obiaiBcd ; aod, moreoTer, d such a qaality that iffs illumiiMiliog pover was twice as gnat as that of ordinal^ gas: 86 eabic (v€i of this better kind of gas are, thereforr, obtai&rd fma 1 lb. of oU, whilst the sator qaaotitjr of slateMMl, tiratrd id th« usual iDaQ> a«r, waaU only pcoduce from 15 to 2S cubic (ert. The existing statements are quae inadequate to explain ihr contradictioa between the evidence of the authorities, above quoted, ami the appareoi iva- probabiliiT of such an extraordinanf result. Those statements men- tion the remarWable fact, that in the third retort there is no de{iosilioa of carbon whatever upon the iron chain, and that, consequently, the gas prepared by Selligue's method, must contain alt the carbon that is deposited as graphite in the retorts by the ordinary process; they reroaxlt furlhrr, that Sellifue^s gas deposits no conden&ihle vaportj at — SC50 C. ( — T7° T.,) nor is it deteriorated in quality by that lemiJerature, whence it appears that the value of the gas depends upon its chemi- cal, and not upon its physacat, constitution; but they give no facts which are calculated to explain the chemical process concerned in its production. Collection and Distributum of the Gas. — The production of gas, and its consumption, do not go hand-in-band, lor the gas is not con- sumed at the same time, nor in the same quantity, as it is evolved from the retoiis ; the primar)- pressure in the latter would also be too strong and too variable for the production of steamy gas flames. To aroid these cwls, and yet fulfil all the requisitions, large cylindrical inverted vessels are employed, open at bottom, and dipping into water; they are repositories for the gas, and are also intended at the same time — and this is of great importance — to force the gas oawanl with juirt the requiate amount of pressure for burning properly at its des- tination. These repositories are ver}- improperly called gaaojneter$. In Kig. 60, the different parts arc easily distin- ^i- •- guished. The flat cy- lindrical vessel bangs, by means of a chain from its top, which pass- es over two pulleys on the beam above, and at the other end is attached to a counterpoise. The lower open end dips into a reservoir of water, into which also the pipes open for the entrance and egress of the gas. With large gasometers, there are practical diffi- cultits attending this mixli' ut hll^{)cIl.si^lI), jnasmiiicti as Ihe beam cannot sustain the weight without bending; the Inrgi lity of water also, which is frequently as much as 2,419,&19 gall. rge q uan- 118 COLLECTIOlt AND DISTRIBOTION Or TBB GAS. is a source of much inconvenience, particularly in cold weather, when steam must oflen be conreyed into it to prevent its freez- ing. In Ibis case the arrangement shown in Fig. 61 is preferable. The gasometer ^ i» a large drum of sheet-iron riveted together in the manner of a steam-boiler. Several coatings of tar, put on hot OD both sides, is »ulHcient, notwithstanding the number of rivets, to maiie it quite gas-tiglit. Inslend of being sunk in an entire basin, the gasometer \|i^ works in a ring-shaped space 1 1, surroiioded by brickwork; io the round pillar m, there is a channel for the pipes Kis- 61. "t;'^i -V* f^ziS i and /', which can be made to enter through i, but not so c<n)Te> Xiiently. This channel t- must of course be closed somewhere — at w I in the drawing — to prevent the escape of the gse. The sides of i are covered with cement, which renders them quite water-tight. The drum is suspended from it-s centre by the chain K, the rollers rr > being fixed upon the triangular (cast-ironj fntav, p is the counter- ipCHse. To prevent all lateral motion, the iron drum ^ is moved up ' and down against the guiding rollers o o o. A layer of tar is poured upon the surface of the water in i, that it may not require frequent renewal, which would otherwise be the case, on account of the con- stant evaporation which takt^s place into each new volume of gas. It is frequently cheaper, although much less commodious, and more space is required, to construct the water cistern of cast-iron plates, m I donble iWaMMnlM. la the cotietf the ifawa wife tube. opnaCfcMh CDdsp is attMhed le e lap, n Atf iW «M« ftms a bad aT (^ bonon Of fhe wtfcv niMa, aad «U k tkree Mnag iratt i«^ «Uk , paBaja. Tliis last fixed tube, witk the tkne rodi^ remaias IB the tabe tftacfed id the draa, wfailsl tke giimaiHi Bovca up dowD. IV Arae ckaias \|«» over dtt paDcy. md aapKict eoaBtcfpabe, vhiefc aavea ia tic iBtenar of both ttibn. la h gB^vom ■ muaber of wiiMlg Mirf gaacmetcn vc prtftmd to Toy laiFe ime, alihouj^ tbcy «re noR expennn. Tut's prDpoatioa is infeaJcd tc awct tkis dificoky : in one and Utr suae witrr ristcrvt 3, 4, or more eyhadus are placed one viihia tb« other, tikr the sepa- rate limbs of a tdesoope, liie oatermost of whidi only is cktsed at the top. The apper edge of each limb is broad aad flanf^ oo the oatade; each lower edge has lilcewiM a Aaoge, but turned tnwanlt. When the gas enters, me ooter drum first rises, and hariDg arrind at its greatest height, raises the second, bj means of its flange cMch- ing the flange of the second, whilst both are immersed in watn, the fiann itself tbos becomes filled with wafer, which prevents the escape af tae ^. In cTcry case, the management of this apparatus a attended with difficulty. With reference to Ine shape of the gasometers, those deserve the preference which hold the most gas with the least expenditure of material (sheet iron]. A cylinder, the radius and height of which are ei^aal, is. therefore, best suited to this purpose, (other shapes are not applicable-,) a foot, however, is added to the height, that the mania may at warn be under water. The capacity, and consequently IM' diameter, or the height of the gasometer, must depend upon the demand for gas; if the cylinder, at its extreme height, is to contain q cubic feet of gas, then it follows from 3.14 r^ k^ ^ first 3.14 H « f, (ba- -B A,) and hence r= Ij-j—.. — The operation of the whole machine is ea&ily understood. On filling the gasometer, the tube t is closed, und thr gas tlow-ing from /' soon begins to raise it, lis weight being borne by p. Besides, the weight of the cylinder, and tlint of the gas together, are much less than the weight of an equal volume of water. A gasometer 40 feet in diameter, (and consequently 21 feet high,) when at its greatest height weighs, gas and iron together, about 1£m cwL, whilst an equal Tohime of water would wpigh 7,800 cwl. As soon as the drum is filled uptothe heightof its riwliiis, t' is closed, and the connection between the gasometer and the furnace is thus cut off. The next object is to cause the cylinder to sink in such a cause ri 180 COLLRCTIOK AND DISTRIBUTION OF TRE CAS. I manner Ihat Ihe gas sliall flow out with that degree of force which experience has sliown to bo di-sirable, and which corresponds with the pressure of a column of water from I to 2 inches high; the water on the outside mtist, therefore, stand from 1 to 2 inches higher than on the inside. This state of things is bronght about hy connectiiur a bent tube containing water (a manometer), with the exit pipe, and' by altering the counterpoise untiJ the water in the manometer has risen from 1 to 2 inches. From obvious reasons, however, this pres- sure would not long remain the same. For by di\|)[)ing lower into the water of the cistern, the drum loses more and more of its weight, and, moreover, just as much, as the weight of the water displaced bjr the tdge ; the same, therefore, happens as woiil^ result from a gra- dual increase in the weight nf the counterpoise; the pressure is diminished. With a drum of the above dimensions, the cubic spacft occupied by 10 feet of the margin would be nearly 30 cubic feet, which, therefore, displace 30 cubic feet =• 927 lbs. of water, and the pressure is diminished \|th inch. Thia dimunition may he counter- acted hy the chain, if it has been constructed of the proper weight. In every posiiion of the chain, one portion on the side of the counter- poise will biilance another portinn on the other side of the pulleys. The lower the drum sinks, the more of the chain passes to its side d the pulley; each link, however, is a weight, taken from the counter- poise and added to that of the cylinder, so that this is increased in weight by twice the weight of chain which has passed the pulley. The weight of the chain must, therefore, be such, that the portion passing the pidley weighs just half as much as the water which is displaced at the .same time. In addition to this, it is obvious that the specific gravity of the gas must have an effect upon the working of the gasometer. Oil gas has nearly the same density as the air, and the weight of the enclosed gas is, therefore, not sensibly different from that of an equal volume of air; it will, consetjuently, be in ec\|iiilibri«ia with the external air. This is not the casewith coal and rosin-gas, which is 1 1 times lighter. The portion already above the water will stand. ID the same relation to the surrounding air, as the portion still im- mersed stands to the surrounding water ; it will endeavor to rise, although with less force. In other words, the part above the water is in the condition of an air balloon, the enclosed gas being lighter than the same number of nuhlc feet of air which it displaces. If this difference in the gravities were greater than the weight of the iron composing the vessel, then the gasometer would rise; under existing \|i circumstances, its tendency lo rise merely dtrointshes its weight. A I cylinder 40 feet in diameter, and 20 feet at its highest stand, contains I 25,231 cubic feet of coal gas; the same number of cubic feet of air will weig;h 1911 lbs., whilst the gas will only weigh 12-12 lbs,; in this position, therefore, the external pre-ssure of the air will diminish the weight of the gasometer 669 lbs., and this must be taken into calculation ia regulating (he chain. The tendency to rise in the gasometer, increa.ses as it 6tls, or rises, but. at the same time its loss of weight by submersioD in water diminishes. Farther, the teadencr^ GAS PIPES. 181 of the cylinder to rise increnses with its capacity and dimensions, the loss of weight on the contrarj with its amount of surface, therefore, in diminished proportion, so that, with a certain diameter, these two compensate each other, or the pressure may even diminish as the cylinder sinks. Gas-Pipfs. — The distribution of the gas from the gasometer is effected, as far as the principal mains are concerned, by means of cast iron pipes, which have already been spoken of above ; the smaller mams for the supply of houses are composed of drawn leaden tubes. Experience has shown copper tubes to be dangerous, on ac- count of the production of a peculiar pulverulent deposit, formed from the metal and the ingredients of the gas, which takes fire spoota- neously in the air. The gas passing through the tubes is subjected to friction against their sides, which increases rapidly as their diameter diminishes. As it is very inconvenient to overcome by a greater pressure in the gaso- meteri the diminution of velocity in the current of gas caused by this friction, it becomes necessary to widen the pipes to such an extent, that the velocit)* of flow in the gas at diflerent distances from the gasometer may not vary too touch, and it is, consequently, of import- ance to be able to calculate the efiects of friction. Assuming a con- stant pressure to exist in the gasometer, the resistance caused by friction will stand in some relation to the root of the length of the pipe (/). The quantity of gas 9, which flows out depends, therefore, first upon that relation (upon / I), and also upon the width, t. e., upon the square of the diameter (aP), increasing with the latter, and diminishing with the former. We, therefore, have 5 => — . A tube v' » 316 feet in length, allows 400 cubic feet of gas to pass in an hour, VFben its diameter ts one inch (=0.1 feet). We obtain, therefore, g.^JL = 400: " ' , whence d =» \|_?j£lLfPrechtl).- Fromthat ' ^/t V3I6 \71I000 Eoiot where the first portion of gas passes into the side main, d may e diminished in proportion. The iron pipes are about 9 or 10 feet long, and are cast with a turned up margin or shoulder at the one end, and a mouth-piece at the other. Fig. 62 shows the manner in which the shoulder of the one pipe Fig.W. is placed into the mouth-piece of the other when they are laid down. The space between the two is iilled up with greased tow, and then leaded all round, which renders it perfectly air-tight. It is still more easy to form a tight joint with the smaller pipes, the leaden tube bi-ing flexible and easily soldered. The proper distribu- tioD, as well as the management of the gasometer, render it necessar)' ' Sw for ■ ootnplFtv inrrcii^iiunur ibis »ut>jwt, WutlNMli'tMMlwnicsof En^o*'^ lAf, Ant- nliiiou, p. 128 lo 43!l Inchuive. — Ax. Ea. ]83 CAS-METed. Kig. 63. ^TT that there should be stops in dilTerent parts of the conducting pipes; stopcocks answer well enough for the smaller tubes, but they are oot Ruited lo Ihe principal mains, where they would necessarily be very awkward and excessively large. The more convenient water-valTe, Fig. 63, has been used instead of thera, and byjls means a perfect stop- page IK effected without any turning. The two separate pipe-ends a and b enter the vessel c c, which is filled with water, abox'e which a tin drum d d \s suspended, dipping below the !evel of the water n, and at- tached to a counterpoise p. Id the position shown in the drawing, the tubes are in conneclion; this, how- ['ver, can immediately be stopped by ^ -' ^ j — '] means of the partition e, when the <' drum d is so far lowered by the re- moval of the weight p, that e comes into contact with the waler. Leakage in the pipes, which often occurs at bends and corners, is attended not only with loss but with danger, for illuminating gas explodes when mixed with air in certain proportions. The fact, that such explosions are uncommon, and have never occurred in rooms, is singular, hut easy of explanation. For the gas, on entering a room becomes mixed with much more air than that proportion with which atone it is explosive, and danger is con- sequently avoided; in crevices in the walls and ceilings, however, where such cases alone have occurred, the probability of the expb- MTe mixture being generated is much greater. Gas-Meter. — As a check upon the gas-works themselves, and as a means of calculating between the works and the larger consumers, when the gas cannot be paid for by the number of burners or hours of consumption, a safe and easy method of ascertaining the quantity of gas consumed becomes necessary; this is effected by the gas- clock or gas-meter. Fig. 64 is a simple section of this instrument, and Fig. 65 a section tn perspective at right angles; Fig. 66 is a similar section parallel to the axis in the direction of the line a 4 in Fig, G4. The principle is the following. When a number of vessels of a certain capacity, for example, 1 cubic foot, are so arranged, that (without loss of gas in the interval) one after the other shall oe filled by the oAa in passing, and for ttiis purpose are inverted in water into uhich the gas enters, just as whh the case on a large scale with the gasometer, tt follows, that just as many cubic feet of gas will have paMied, as there are vessels that have been filled. If all these vessels, (for instance, 4,) are attached to a common axis, upon which they revolve as they fill and rise, every revolution of the axis will corre- sponds with 4 cubic feet of gas that have passed through. Id the gas- meter itself, instead of separate vessels each containing I cubic foot, compartments of a drum of equal and known capacities are employed. In a case 6 b, more than half filled with water, this drum d d revotres, 183 "•-"- m THE BirilNERS. of ^aa by means of the meter, the temperature ougbt to be laken into consideralion, for 1000 cubic feet at 0 C. (32° F.), will become IOTOh cubic feet at ^O^ (68° F.)' ■ The Humeri. — From the leaden pipes — io the circuit of wbich the meter is placed, if used at all — the gas enters brass tubes which pro- ject from the waU, and passes to the burners, each of which must be furnished with a separate bras» Ktop-cock. Good, tight stop-cocks are much mon^ difficult to maltc for so light a gas, than for liquids. Instead of fixing the carefully ground conical plug into its place by a screw, which occasions either too much friction, or an imperfect {'oint, it is better to use a watch-spring, which in spite of the wear, :eeps the plug always light. Gas-burners are ver}* similar to lamp-burners ; by the former we are lo understand the different mouth- pieces attached to the ends of the tubes for burning gas. As neither the wick, nor the level of the oil, has here to he considered, the management of these burners is comparatirely simple; but as the amount of fat in candles and lamps required regulation, so here the amount of gas consumed in a given time, must bear a proper relation to the current of air from without, i. c, the flame must neither smoke, nor must it be too short and blue. Such regulation is partly eOeeted by the cock attached to the burner, and all excess of gas is avoided from the beginning, by allowing the gas to issue only from very small apertures. In passing through such aptrtures, the original velocity of the current of gas is much increased, and the flame thus acquires the proper size and height. The same quantity of gas issuing from a wide opening, would produce a wide, short, and dull flame, because the surface in contact with the air would thus be increased. A gas flame issuing from such wide openings, is essentially faulty, for the same reasons ms the flame produced by thick massive lamp-wicks. When the brass burner has a single aperture of tlie diameter of a bristle, {^s of an inch is the width calculated for coal gas, ,g of an inch for oil-gas), a simple Jet is produced m the form of a long, thin, conical flame. The bal's-wtng, or flattened flame, which the gas forms vrhen it issues from a nar- row slit, instead of a round aperture, is much more ap- propriate, and combines all the advantages of the flat wicks before mentioned. A similar and equally good flamf is produced by a burner with two apertures close to each other, the channels of which are inclined inwards, so that both the currents of gas cross each other at their base. Tbey then form a flat llame, spreading out iq the form of an inverted triangle, the Jish-taiJ burner. jfl\| Simple flames of this kind are generally burnt withoi^^ any appendages. When a greater quantity of light is required, and more particularly when great intensity of flame is desirable, the Argand burner is generally chosen, Fig. 67. The gas from the pipe enters the annular space Fig. or. Thri inc>1 m>pnt iiiit>rc>v^in^nt( in ihp cnnalmction of gu-nunen, puiiculkrljr of diy pta-in«urf, will ba noiked in ilie Apponilis. 186 PORTABLK GAS. contrary, the chief cause, independent of some secontiaiy causes, i« due to the dlBerent times at which the burners in connection with the same pipe »re closed. Suppose a pipe to supply 1000 burners of equal size, and one of these to have been regulated in the begin- ning to its highest pilch — witliout smoking-; then, at 10 o'clock in the evening, when tvo hundred householders have put out their gas, I more gas will issue from the burner in the same time and the cock will have 1o be closed in pniportion. Inventions for preventing this irregularity, so called regulators, have been recently propose<l in great number, although not one of them has been geoeraily adopted. To render ihe action of the burner perfectly independent of any altera- tion in the pressure, it has been the endeavor to make these changes of pressure themselves work a mechanical arrangement, enlarging or lessening the aperture of supply in such a manner, that an equal quantity of gas bhall always pass out. PorUibU Gas. — Tlie distribution of gas by pipes is exceedindy expensive, both as regards laying them down and the cost of repairs, and is also attended with the inconvenience that the light cannot, as with candles and lamps, be carried lo nny particular spot. Even the joints in the arms of the burners, as they are sometimes used, only admit of a short circular motion, and no real change of place. These deficiencies have given rise to two inventions which must not be overlooked. Compressed Gas. — Tlie first, and older of the two, is the use of compressed gas; the plan was to force the gas into small vessels, contained in the foot of lamp-like burners, which sliould conlain sufficient gas for several hours' consumption. Oil-g»s, on account of its greater illumiiiatiiif^' power, is decidedly preft-rable for this pur- pose, for ( a volume will produce iis much light as 1 volume of coal- gas. It has been ascertained, that a common burner consumes 1 cubic foot of oil-gas in the hour; for an evening of six liours, there- fore, to be on the safe side, we should require 8 cubic feet, which must be compressed into the space of ^ cubic foot — the largest space that can be allowed for the foot of a lamp — and for this we should require the euormous pressure of 32 atmospheres, a pressure which would be very much increased by slight warming. The vessels of these gas lamps must, therefore, be constructed to resist, at least, double this pressure. The diminution of illuminating power by the condensation of the carbo-hydrogens, (page 162,) as well as the danger of explosion, has prevented the adoption of this method at present. There is also great difhculty in obtaining a uniform flow of gas, as the pressure in ihe vessel diminishes with the consumption. Portable uncompressed Gus. — Another method, which, however, does not answer the same purpose as the foregoing, was introduced by Houzeau-Muircn, at llheims, and speedily adopted at Amiens, Rouen, Paris, &C. The distribution of the gas within the houses remaining the same; the burners and the flame, therefore, being immovable, Muiron has endeavored to avoid the grand expense of conducting mains. He employs ver)' large vans, or rather very large IU.CHIKA.TIOX. oi Kght iheet metil «beds, is which an placed wide Tklm opewBg io oppo* of gn ti\|fc Tsmubed materiil. Two direetiou serre far the entrmace and egress of the' gas. ' The' bag U first pressed u^ether, lo farce oat the air, and the &Uing<tube ts ■crewed into the niovth of the proper raire. Thb tube goes iato the gamneter of the works, which has oaljr to be lowered to fill the bag with gas, which then of itself keeps the \tirt ckwed b^r which it had entered. The van is theo dnrea to the boase of the coosutnrr, ia whose cellar there most be a small gasometer constructed of sheet zinc ioTeited ia a woodeo cistern, aod supplied with i filtiog tube, which is now connected with the exit vaJTe of the bag. The two flat wooden ends of the cylindrical hag are then drawn toother by means of strings; the bag is thus emptied and the gas forced through the tube into the gas-holiler, from whence by leaden pipes it may be carried forward in all directions. The small gasometers are so simple that they do not cost more than about 30 to 35 florins (about \|16). The bags contain from 200 to 1000 cubic feet of gas. The first time that the^' are filled, the bags may possibly retain a little air in the Iblds, which is afterwards expcUeil by the gas. We add, in conclusion, a few statistical data with reference to the illumination of London with gas in 1840, that some idea mav be formed of the extent of the works in large towns. In London there are tweUe companies concerned in the working of eighteen gas- works, which together represent a capital of about 3 millions sterling, 1^ millions of dollars, which returns abont jeOOO.OOO ($3,500,000) per annum. Frotn '162,880 cwt. of coal, 26 16 millions cubic feet of gas (about 132 millions of lbs.) are annually obtained. Inthe longest night, 13 millions cubic feet are used, for the production of which 17,942 cwt. of coals are required. The 176gasomelersof the eighteen works will bold 10 millions cubic feet of gas. There are 2500 persons employed upon the works, and 330 more are employed as lamp^tight- ers. Since 1822, the consumption of gas was doubled in Bve years; ■B fifleen years it has been quadrupled.' ^ecls of different Illuminating Maierials and Methods of Illumi- nation, and their Relative Values. — The accurate determination of the value of the different means of illumination is not only interesting in itself, but is of great importance as a matter of daily traffic, light being essentially necessary to all classes of the population, even to the most needy. Every simplification, even the smallest abatement in price, which progressive industry is enabled to make in this de- partment, is a donation of tbuusands divided amo^g^t the poor ; every augtnentslioti of the brilliancy and wbileiioss of the light is a welcome addition lo t)ie comforts of the domestic homes of the rich; every improvement, in short, in the modes of obtaining light, particularly in those adapted for public purposes, is a service done to the public at large. Without entering more minutely into the subject, it is evident AddiuoiH] nauM npon gu Ulumlnaikin will bo Ibund in l]i« AppentlU. 188 ILLUMINATION. ihnt the value of any means of illunitnalioTi must depend upon two things, namely : upon the quantity nf light evolved, and upon the consumption o/" lighting material which accompiinies it.* A candle, or a lamp, &c.,will be the more valuable the more light it gives from as little tallow or oil as possible. The consumption of iltuminaling material, together with its market price, show the cost of the Hg^l, to which the outlay caused by the method of illmninaiion must in many cases be added. The determination of the iiuanlity of illumi- nating' material consumed, as well as the calculation of what it will cost, is a simple matter within everybody's comprehension ; the deter- miaattoD of the quantity of light, on the contrary, requires more ex- planation. Light cannot be measured with reference to its quantity any more than heat; it cannot be estimated how much light a flame emits, but it can be^ scientifically ascertained, bow much more or less light it evolves, tban another flame. All determinations of this nature, are, therefore, comparative. The most casual observation of two flames, for example, that of a candle and of gas. shows Uie one, although both are of equal size, to be infinitely brighter than the other. The eye receives, therefore, at the sftoie moment, much more light from the one than from the other. This emission of unequal quantities of light in the same lime (or in the unity of time) is called the intensity, or illuminating poicer of the flame, or of other sources. It is thus obvious that the knowledge of the relation of intensity of two sources of light must necessarily lead to that of the quantities of light when the time is taken into consider- ation, or that it exactly expresses (he relation of quantity, when the time in both cases is the same. The dissemination of light is entirely ejected by radiation; (he intensity may, therefore, be said to express the sum of the rays, which are emitted to a certain surface, for example, to a square foot. It is evident, that the sum must be dirainLshed by the distance from the source, as the rays separate more and more from each other. Accord- ing to the laws of optics, the intensity (or sum of impinging rays) is in relation 1u the square of the distance; when, therefore, a surface is illumined to the same extent by two flames, the rays of light from each will be proportional to the square of the distance at which each flame must be placed in order to produce an equal amount of light. It is upon this principle that the actual determination of the intensities and quantities of light depends ; the measure for both is, therefore, the distance to which the flames to be compared must be brought, in order to produce an equal amount of light. Practically, however, it is not possible to determine, even approximately, the degree of bril- liancy ; the degree of light is therefore not observed, but its negation, the shadow; and this uptm the assumption that the brighter light will produce the deeper shadow, and the weaker light the less deep shadow ; * A vklue, therefore, wblcli danuniAn with the inctecsiiif contumption, utd it au^ mtmltJ by th« quftotirf of li(hl. ILLDUINATION. 189 the other points remaiaingr as before. Id such experiraeots a boanl is used, covered with UQglazed wbite paper^ before which, at a dis- tance of from 2 to 3 incht's, nn iron roil is placed, which has been previously blackened by holding it in the candle. Opposite this board, but at the same height, the flames to be compared are so placed that both the shadows (for each throws a shadow) fall close to each other upon the board, and then the stronfrer flame is so far re- moved, or the weaker one approached, until both shadows appear equally deep, and lastly their respective distances from the centres of the Hames are measured. The squares of these distances give the relative intensities of light; if a flame, for example, has been three times as far removed as another, its intensity will be to that of the latter, as 3' to I' = 9 : 1 » 1 : 9, or 9 times greater. As such observations are simultaneous, and of like duration, they give like- wise the relative quantities of light; for unequal lengths of time, this has only 10 be multiplied with the respective duration. When one of these flames, therefore, burns 3 hours and the other only 2, then the quantities of light evolved will be in the proportion, 3 x 9 : 2 X 1 or 27 : 2. Observations of this kind may possibly give rise to errors, which, however, are easily rectified, so that the results obtained, for all practical purposes, are not the less accurate and trustworthy. One circumstance in particular requires notice, that when two per- fectly similar shadows of this kind are observed from one side, the one appears brighter than the other, and the same is the case, the order only being reversed, when they are observed from the other side; so that the rule is, to observe them always from a position exactly opposite the board. Practice is here the best guide In form- ing rules.* The simultaneous consideration of the quantities of li^t (or more generally of the intensities of light i) and of tbe consumption of illu- minating material q, leads to the formula for the Htuminating power v; forv s — is an expression, which in making comparisons shows ? the quantity of light from an equal amount of combustible matter. The illuminating power, and the price of the material together, show the coit or value of Ulxtminaiion, which varies with the market price, and is always in the inverse ratio with it. All the determinations given in ihe sequel have been made in the manner described, which is quite as well suited for determining the Ulumioating power of tbe dillt-rent substances, as for that of the dif- ■ In the liorizonaU teileotiiiit pbotocnetei, wtiicL !■■«, within s box op«n at both endc, two inirroN inolined to tbn homxia In nngles of Aifi each, or towRitla vnch other in an KDglv of 40", and Ibcniing by tlitnr interMctiDa an edgs at ^a onnti* of ih«> box, nn apaib Mr* neeivn a pieea of tiuue pap«f lat into tlie lop oT lbs uumuneni, on \rbl<A ta IVAmImI tbe IikIiI Troin two Uaiiira MtiMldnl al pciinl;i matn or ten nOKiW fran ths reqwcbvv open «'id<i of iht^ box. In ihit oia* it it not th« Modow but die %A( wliicb the eyf of the obaervf, held directly over th^ tift>»e pnpci. it «4iabtftl to cbMrve by IBMinii oS the e<qunl ilistiiiclana given tu tlic fibic* of U>» piipM an lli« two opposilv ddM of <bv jutwiurv of liie lu'u aiiiturt. The fuoiliiy of obtciviatt, at w«ll u tlt« tUreoUiMa of the dr terminal ion. ^ivea to this m«thnd of aM^natning \ht int^naily of li\|[lit a ]ra«> (•rsDcc cnrct Uial Mrliioh JepemU on the depth of ahwlowt.— Am. E». 190 ItLCHIVATIHO POWEB OF CAXDLE8. fereot methods of illumination, when these are supplied with the same material. The method is, therefore, doubly important in practice. It has already been pointed out, that al! determiaalioos of the illo- minating power are entirely relatire, and hence arises the demand for a suitable point of companson. That flame would doubtless be best suited for this jiurpose, whirh would retain a perfectly equal inteostty throughout the wholi? duration of the experiments; such a condition, however, is not completely attained by any known means of illuminaliou. The flame ofCarcei's clock-work lamp is, however, of such very uni- form brilliancy, remaining unimpaired for several hours after it has been ignited, that lamps, candles, and gas, are very ffenerally compared with it. On comparing two exactly similarlnmpsofthiskind in such a man- ner, that one was kept constantly burning, whilst the other was freshly ignited for each observation, it was found that the brilliancy which in Inc beginning was 100, increased in half an hour to 103; in one hour to 116, and in four hours to 117. which it tlien retained for four con- secutive hours. The cause of the very slight change in the intensity of Carcel's lamp depends, as has already been explained, upon the uniform level and superabundant Sow of the oil; the increase in the brilliancy with the progressive burning may possibly be accounted for by the diminishing withdrawal of heat from the flame by the neigh- boring parts in projKtrlion a.s these become warmer, and, lastly, pn^ haps, by the excess of oil being loo great at the commencement, and becoming reduced to the proper quantity by the decreasing tension of the spring. niumi/iaiinf; power of Candles. — It is not remarkable from the na- ture of candles and the mode in which they disseminate light, that their intensity and consequent power of illumination, even under the same circumstances, should be so very variable. In the beginning, when the wick is freshly snulTcd, this variation is comparntively slight, and the intensity increases up to a certain point, when, from an excessive length of tnutf, dejKisit of spongy matter, &c., it con- stantly diminishes, until the candle is ngain snufTed or the deposit burnl\| and then the process is repeated. Peclet found, by comparison with Carcel's lamp, that the primary intensity of a candle = 100, (6 -» 1 lb.), became in 4 minutes 92, in 8 minutes 50, in 10 minutes 41, in 12 minutes 38, in 15 minutes 34, in 20 minutes 32, in 23 minutes 25, in 24 minutes 20, in 28 minutes 19, in 30 minutes 17, and in 40 minutes L-1. Another candle, (5 to the lb.) diminished from its original intensity, = 100, in 5 minutes to 76, in 10 lo Et5, ia 15 to 44, in 20 to 39, in 25 to 32, in 30 to 30, in 35 to 24, and lastly, in 40 minutes lo 15. Less than half an hour, therefore, is sufficient (0 reduce the light from a candle to t, of its original brilliancy. The same diminuliun was the re-sult of Kumford s observations, namelr ^ after 29 minutes. When, in the sequel, the intensity of candles u compared with Carcel's Ifimp, the mean intensity of 10 roinules' do- ration in tallow candles is to be understood, which Is about the usual lime suffered to einpse between each snufSng; in slenrine, wax, and spermaceti candles, however, the highest intensity is taken, which 192 ILLUMINATING POWER OF CANDLES. severally, to 1 for oil, 100 X t.42 M 2.63 for tallow and 6.28 for wax. When, therefore, CarcelB lamp 100 X 4.64 72.3 consuines in an evening b cents worth of oil, to obtain an equally good light during the same time from tallow 13 cents would he the cost, and from wax about 31J. J A comparison like the one above is not quite applicable to every" day consumption, as candles are reckoned usually not by weight but by the number constituting a pound. The intensity of tight from a tallow candle is, from the above, to the intensity fmm a wax candle as 10.66 : 14.60, or as 5 : 7 : 7 tallow candles must therefore be ignited to produce the same tight as 5 wax candles, each kind being 6 to the pound. This latter is not literally the case ; thus, e. g., a pound packet of the tallow weighed 458 grammes, one of the wax 426 grammes, instead of 500, so that 5 wax candles weigh 355 grammes, 7 tallow candles 534 grammes. The 5 wax candles will cost about Is, 9rf. and burn 58^ hours, 7 tallow candles will cost about S^(j. and will burn 53 hours, both with an equal amount of brilliancy, which therefore, for an equal number of hours, will 8ld. in tallow, and 63 x_l8. 9d. = I£>.24f in wax. Besides this. must be taken into consideration that the ends of candles are of mut less value ihan the actual weight of material which they comprise, and are comparatively valueless when composed of the more costly stearine and wax. Amongst the experiments cited above, those of Ure are less accurate than the others, and more particularly, than those of Peclet. A comparison of wax and stearine candles (of Berlin manufacture) with each other, which possesses much interest, particularly as regards the relative values of 4, 6, or 8 to the pound^^ has been furnished by Schubarth. ^M Klod or cAadlc. Mbd wb«nc« Abunwd. jikteniiir of Ciiiituinpiion ia I lioui In (nramea. illumuiUtag \|)«orn- Common wax candle* of TsnnliiuKr } G. Wuc canillea of Walker . Snuina eaodlM of Momrd SImIc Mnuine mndlM of ftliiqu«t ai Uohmlcluin SlMTvM cftiidUs IVoRi ihe nine partj«is i ^' Ciindlfs tnaila (iota Palm wax < 0. 103.3 9t.n H)0.0 138.7 lQ(i.3 113.1 llljl 1210 132.7 lasA 116.1 U6J0 194.5 ItftJ IU7.8 7.8 77 T176 GMi OAU B.069 7.132 0.457 9.383 7.877 io.eso 9.30K 8.5M 8.871 8.Htiti 0.880 ».178 8.813 HiJtO saso IOOjU mjs9 104.1 81.74 78.33 100.7 86.11 m.b6 96M hiM 10«.00 ».87 8ft.a8 113.70 . Hi 14Si ■e«f tfe' n the fiiii nihil tf IS » It ■ the fcufiiag openawMs. r oT wmx aad struiar the gnenl oaad«- am« vitk iWrcnr acnnle and oftta or the hner. tW «■« AMI BMl iTife fan. Imib 69 kMii* 1 h. «r n 1 lb. rf fan «^ « hM cndk* vil b«s 57, 4»« and 10. AmAct nHk, acoortfi^l* which the ma csmDcj ts aeart^ Ae nme, wtamm, caanot be made 10 icpeated nperuKBis of power of wmx caadles to be ^ fiMCer; utd tku cuuul he litiifaci" lorily explainnl br the esfenmoA. As a ceaetd fiMit it is eTideat, that the drtenntDitioa of two points, aaacTj, the iateeaadrs of tike H^t and the time darixc which a caadl« is capaUe of buraiag, is ia itself aufliciet to detcrauae its valae as a soaice gf l»ht ta conpan* aoD with other caadlea, withonl kaowiw the wei^ whidh is ooosuwd in an boar ; for the tme weight and the dooumI weight «re alwsYS diArest ia a candle, so that a wax candle (8 to the pound, for in* stance), instead of wei^o^ 66 grins., onlj weighs 52, and 10 with others. In this manner, Tyfe has detennioed tbe illuminating ralue of difiereot candles ; but his obserr^tions are too inacrurate to deserve further notice here. According to tTfe, a spermaceti caodle bums 8 hours, a wax candle 9 hours, with equal tntensttv of li?fat ; in order, therefore, to produce thw intensity for an equal length of lime, 65 wn candles, or li spermaceti candles, («■ Sj : 9,) must be burnt. When, therefore, the price of the wax is 3^ times more than that of sperma- ceti, their iiluminating ralues will be inversely as: 65 : 3.5 X 72 >« 1 : nearly 4. Mobr found the intensity of sper» Sfi maceti candies -— -, that of wax candles, which, the prices remaining Lvv the same, accords a 5 times less illuminating raliie to (he wax can- dles, whilst according to Peclet, instead of &, it was only 3 times less. This want of coincidence in the results might harp been anti- cipated with certain limits, on account of the fluctii»tiiiL' light of the candles. Although the relative values of diQerent kinds of candles cannot be ascertained wiih roathematical accuracy, yet such experi- ments are always valuable as a means of discovering which kind is really the best. Why, it might ha asked, are those means of increBsing the steadi- ness and power of the t)»me, which have been described with refer- ence to the Argand burner, not applied in consequence of its unstnble nature to the light of candles? Inasmuch as the dnme of ciutdlrs becomes gradually lower, mechanical rontrirancea must be brought into play, either to lower the glass cylinder — for such only can here 194 ILLUMINATIKG POWER OF OILS. be meant — or to retain the flftme at a constant height. Such contri- Tances are, however, difficult to combine with the grand ad%'antag« of candles, namely, their great simplicity. But supposing thts diffi- culty lo be surmounted, glasses for regnlaiing the draught could not even then be used, for as soon as a ^lass of this Ictnd is applied, the flame gradually diminishes until it is completely extinguished, and this happens more quicWIy with wax and stearine than witJi tallow candles. The cause of this ia palpable; for, if the chimney is to have any effect at all, ^ of the flame at least roust enter it ; the draught will be very much increased round the flame, just as was the cbjk with tamps, and it will burn with greater brilliancy and steadiness for the first minute. But the current direrled against the base of the wick will, in the next minute, cool it and the adjacent parts so much, that the supply of fat will be stopped. The reservoir and lower part of the wick, instead of being filled with a store of melted fat, become empty and dry, the flame will shrink together and retreat lo the highest point of the wick into a position therefore which only increase the evil. As soon as the glass chimney is removed, the flame again assumes il.s original size. The use of such a chimney would, there- fore, only be practicable with a supply of hot air. lliuminativg Power of Oils, — TTie power of lamps depends not only upon their ronstruclion, but also, of course, upon the nature of the material consumed in them. In northern countries this material is whale oil, train oil, and especially rape seed oil ; in the south, olive oil of inferior quality is used, to which may be added here and there the lluid fats obtained as a secondary prcxiuet In the manufacture of Stearine. The illuminating powers of these oil.i has not been 90 repeatedly and accurately examined, as the importance of the sabject merits, although the method to be pursued is simple and without many difliculties. It consi-sts in filling one and the same lamp, under simi- lar circumstances, with the different oils consecutively, the illuminat- ing powers of which are lo be tried ; all differences can in this case Only arise from the nature of the illuminating material. Dr. Ure used a Parker's lamp for his experiments, which are fa^^ no means very exact ; he found : ^\| Qiianlll)! «l ll(hl, Conminptliiii in 1 boot in \|{ruanic«. Whale oil . . 121 . . . 47.6 . Southeru fish oil . 32 . . . 50.5 . OUve oil . .90}. . . 63.2 . Oleine from the cocoa nut . 81 . . . 66.7 . . . 82.7J whence it appears, without taking the price into consideration, the preference must be given to whale oil. The high price of rape oil in unproductive seasons, gives rise to its being mixed with the cheajvpr linseed oil, in which adulterated state it IS frequently met with in commerce. Linseed oil, on account of the properly it possesses of thickening, cannot be used alone in lamps, and it comiaunicales the pernicious property to the mixture of Conturaptkin hi I hoar UUmuMt — ISO. . 39.5 . 59.0 . 54.4j «3M, « 4B0L9 1000 ■at 10 Ifce B«t A> F%. 19. ns s^ivi oa.Md«etMeaad wcawt if Ifcii ■■nnrr ° ji ■■■!■ nf jailril TTn~nT iiiiw iwi il. 1^, of CTwle oil niTD dravu, tod 1.6 grwMbesof cflU dnvn.' too graancs of the &rat vooU bare 50 bcmre. of the secoad ■sdof Ac Ian 63^. As loflgwt the qoutitT of light kuh^ ewalTcd is udkacnrn, it is inposable to fbnn an opiaioa nor icutiTB vwoes. BUmht^mf Fewer e^ Ivy.— A pcffcctly wAam Ggte is m( be expected mm bunps, on acooanl of thnr OMntnietiokf and pi tfeoiarif oa acooant of the ictioo of the wick, tbr cha&gvs, bo>««m^ wUcb occur m the iotenatj of the U^t, air coafincd to much nnrer IbDits dian is the case vilh candles, «hnr s ronittani is occarring, whilst hfre there is only a mduat ilimtntttioa. diminutioa has already been stated as deduced from experinHFBt, Carcels lamp; generally speaking, a single obserratioD or the men knowledge of the mean intensity of light gires a very impeifect ideft of the anion of a lamp; good observations mu9l,Thervlbrr, take noUcti of the diminution in the brilliancy during a whole evrutng, ox during about six hours. With this object, Peclet, as well as Kamtarsch 198 tLinrilfATlSG POWHR OP LAMPS. The first table presents some remarkable facts with refereoce to \| the (timinution of the intensity of light. Those lamps, in the bumera of which iho oil level gradually sinks, generally show the greatest diminulton, as in No. li. ; it is but very slight iu Ko. I., where it might naturBlty be expected that it wnulu be strongest. In the same^^ manner, it was anticipated that the light of the lamp No. III. wouli^^\| show a less diniinulion, when, willi the same dimensions, the levet^^ of oil ill its burner is rendered constant by an annular reservoir, after the fashion of the inverted vessels in No. IV., and yet the table shows the contrary. It is evident that in both cases (No. I. and No, ^i III.) other influences preponderate, which are propitious to the uni-^\| form brilliancy of the Hame. On the whale, the diminution of light^^ in six hours amounts to J, J, and even J of the original intensity; it is only imperceptible in Carcel's and Thi]orier'» lamps, and both these produce their light with the least consumpiion of oil, whilst the . lamp with a flat wick requires the largest quantity. ^M The irregularities and apparent contradictions in the action of^V lamps, can only be properly understood and explained by weighing the influence of difierent secondary causes. The whole art of con- stnicting lamps depends upon the single, but important condition of establishing a proper relation between the current of air, and the flow of oil simultaneously consumed. Although the mobility of the vricksand chimneys admits of a partial approach to this state of things, yet even the belter kind of lamps are still very far removed from it. The position of the wick, downwards, can never exceed a cerlain limit, for it must always project so far from the burner that, in a cer- tain time, as much oil shall enter into combustion, as is requiate to produce the amount of light necessary: a circumstance which indi- cates that it is preferable to adapt the draught to the position of the wick, rather than the reverse. The width and height of the glass place the draught quite under control ; yet, nevertheless, the quantity of air conducted to the flame in lamps Is, without exception, too great ; the flame has, consequentEy, to warm a portion of this air at the expense of its own temperature and intensity; and from this por- tion it can derive no advantage. This necessary evil is connected] with the material of the chimney, for glass is the only substance that can he used. From fear of fracture, which ia not always well-founded, the glasses arc seldom made suflficiently narrow — though undoubtedly they arc then exposed to a much higher temperature. The draught may likewise be lessened by contracting the mouth of the burner, through which it (the draught^ enters the chimney. When, according to Peclet, 100 grammes of oil produced an amount of light — lOOO, with a burner in which the space for the internal draught was 6.4 lines wide, this quantity was increased to 1014 when the draught aperture was 4.8 lines, to 109.3 when it wa.s 3.6 lines, and 1209 when only 2.4 lines in width. Too small draught apertures, on the 'contrary, give rise to too much friction, and require an increased 'power of current. The proposition for supplying the interna] and external draught apcrtiu'es with dampers which can be moved accord- 4 THE LITBftPOOL BVR^ER. 199 ing to circumslances, would certatDly be desirable, but bas never yet beeii put into practice. Holthouse found, tbat an excessive beigbt of cbimney, for example 3 feet lo } incb in width, caused ttie flame to Bicker, but that the greatest steadiness was obtained when, the width remaining the same, the height was 7 iocbes. The aim of recent improreroents bas been ilJrected to the breaking of the draught, and throwing it in upon the flame rather than to these points; a part of the .subject which bas aJready been touched upon ia speaking of the chimneys with shoulders, Fig. 29a. Amongst these improve- ments, which have, therefore, reference solely to the burner, and not 10 the other parts of the lamp, is an older one, forming the principle of the so-called Liverpool -lamp. lyie Liverpool Burner. — The original Argand burner g. Fig. 69, ia supplied with oil by the tube i. At its lower aperture a wire i is fastened, ^ 'i- ^■ which rises through the axis of the /^~~\/' t burner to a few lines above its upper maigia, where the projecting end is furnished with a screw. TTiis is in- tendeil to support a round copper plate a (in the shnpe of a button) of equal diameter with the wick. It is difficult, at first, to establish the pro- per relation of distance between a, and the margin of the burner, but it is easily found, experimentally, by screwing the plate backwards and bvwards. As the result of this ar- rangement, the internal draught is forced from its original perpendicular direction, and broken against the plate a, whence it is propelled at a sharp angle, nearly horizontally, against the » flame, which thus assumes a globular, instead of itsordinarycylindrical form, and (as is shown in the figure) is forced into contact with the external current. The form of the flame makes it necessary to have the peculiar bulging chimney c, and this is supported by the case e of the burner. Ccimplete combustion, together with intense brilliancy atkd whiteness, characterizes the flame; but there is nevertheless a certain want of uniformity, which, however, does not exist in the nature of the principle, and can be avoided by a proper regulation of »the draught. The lamps constructed by Benkler and Ruhl, in Wiesbaden, since the year 1840, depend entirely upon the same principle, causing the » draught to impinge at an angle upon the flame. The apparent novelty of the invention, the surprising brilliancy and peculiarity of the flame, ind partly, the solid and elegant workmansliip of (he lamps ihem- selvesr led the public, at least for a time, to confound these advan< 900 bexkleh's lakp. tages with the oiok essential ooe, namel}', tbe economical conmoip' tion of the oil, »rul created in a short time such an enorrnous dctoind for this laTcntion, that, at the end of the year 1841, Wiesbaden wit* nessed the growth of a manufactory' where, ia its prime, with aixtj worlcmen, 2,400 lamps were constructed monthly. Some histy ex- Fig. TO. nf. 71. Fig. 71. perimcnts, which were puhtished by the Phviiical Society of Krankfort-on- the-Mam, in favor of The invention, tended very much to augnient this over-estimation of its value, which the accurate observations and quiet reoon- sideratioQ of the last year have at length brought back to its pn^>eT limits. Fig. 70 is a sketch of the general plan of Benkler's burner. Fig. 71 is the ground plan ; and Fig. 73 repre- sents the upper distinct parla. The shoulder of the chimney is here formed at the junction of two pieces; a nar- rower glass b, above the flame, and a wider glass a, which is below it. Just at this junction is placed the most important part of the arrange- ment, which consists of a conical ascending brass ring d </, with an aperture of the same diameter as the wirJc. This flat open cone is immovably fixed to the upper glass b, by bending up its outer edge, f^g. 72. The connection of 6 with a is ejected by a so-called bayo> net joint. For this purpose, on the lower margin of the plate df there are two tongues t, and these correspond with two cuts in the ring c, with which the margin of a is encircled. When, therefore, d is so placed upon a that the tongues and cuts correspond, a simple turn of d is sufficient to bring the tongues under the ring c, and thus secure the whole. The apertures o o are made round a, to increase the draught fiom without. The principal addition, therefore, in Benkter's lamp, is a sudden contraction in the chimney, at a certain distance from the flame, the aperture being of the same diameter as tbe wick, and this is produced by the insertion of a metallic ring, or cone. a »C3rCLK»-S lASt?. coabii ^eltare of d, wWre a tmfid isn^ TWndw- mutt. ewMM the duip Migle, and u dnvcB ij^Hiir ne axis of tbe ftaae al « fixccs ^ fllaBe itadTialo tW iBBcr cwtcHt, «o Am Ml iKwifle MK- tee of air ti dfcctod vilfc iW \|Modacto of iki— yiHaa ef dw ciL IW Sanw bewes unwnr. and tktn tuies as Im^, arfcen, bv ke«^ ing back all tbe air wbadi baa no part to the «— bwtw, aB<l bt pviag a pmper diivction lo thai vbicfa us, tbc h^gbest and wbitnt bnliaa^» aiidroRsidcnblFevolaiiettcfbcttlareanaiBcd. A pwfrfUy ^■biteWal is prodocnt ; Sbr, ia eoonqacBce of tbe wcU-ordeird cotnbasttDa, tbe sospeoded partides ef caibon are man iareaadj beatal tban io aaj other lamp. Notwitbatandiag the tDtca«tir of tb« bnt, tbe ditniDe)^ — tn oorToboratioD of vbal was stated abore — stand well. A rrrr short portion of tbe dame, thai vbicb produces the l^ast light » ts natonUIy sitaated belov the cone d., bat tbe loorer portioo — tbe essen* tiaily luminoas part, is above and throws a sbadow from ^downwards, which is perceptible ia stindiog and bangiog laraps, but is of no momeat in the determiDatioo of tbe intensity of light, as it only occurs io the dir?ciion of tbe edges of d. As the cone <f has no other object tban that of producing a sudden contraction, cbiianevs ane now made in one piece with an inwaid bend io tbe proper place, something like the one represented in Fig. 33. The 6rst inaccurate experimeots of the Frankfort Physical Society stated tbe itlutuinuling power of lampSt with Bfnkler's cone, to be twice that of l«mi)s with- out il. Karmarsch and ileeren, bowerer, settled the matter by name- iDOS and very carefully conducted observations, in which tbey look care to aflbrd the lamps, — which, without the appendage <f, were con- verled into common Argand's lamps, — every condition necessary for complete combustion. In this manner, 3 lamps, amongst otnera, were tried, of which No. I. had a breadth of burner =» J inch. No. II. w j\ inch] and No. Ill = {t inch. The results were as follon's: faMBoaiqr of lifht. CcioranlMkn. OansuRipiion R>t nit inim«iiy of light )■ 1 tsltcnr niMlte. » With Wiihoai With Without With Wliboin Com. Cone. CCMM, No. I. — U. , — la 13M 393 739 334 US 10,50 B.M 0.75 12.63 5.37 3.17 100.U 100.0 loao M.0 1U3.B 1)0.0 ■ Two quite similar lamps, with inverted reservoir nnd I inch width of burner, showed an intensity of light, without the cone, ■■ 1000, and tbe consumption w»s <=> 14.56; whilst with the cone, the intens- ity was n 1334, and the consumption 19.5; whence the relntion of illuminating power is as : -' ■ a 68.4 : 6S.7. The examples ^ * 14.56 19.5 ^ quoted, as well as the other numerous results of (he above observers/ 202 BBNKLER'S LAMP. prove, bfjond a iloubt, that virh wider bnmere (abore \ mdi), in Benkler's lamps, the production of an equal amount of light is attended by rta targe a corresponding consumption of oil as is the case in well arranged ordinary Argand lamps; with narrower viclcs, it appears, however, that they are somewhat more economical. But in all cases, the intensity of the tight, with Benklrr's appendage, was considerably (somelinies doubly) greater than in lamps without it; but the con- sumption is then nearly in the same ratio, h* that there results but little difference in the illuminating power. Benkler's lamps are ex- cellent for producing a very white light, quite equal to the best gas light (hence called gas lamps), and on account of the steadiness of the llaioe, which is quite unaffected by draughts of air in the vicinity, or by Ihe motion in carrying, &c. The narrow burners are also pre- ferable on account of the light they evolve being perfectly uniform during 4 or more hours, whilst wider burners shew a rapid dimi- nution and olten begin to smoke, if no subsequent regulation is eSected by means of the wick. A lamp with a wick ^^ of an inch in diameter, with a dat oil vessel, and no inverted reservoir, gave at first an intensity oF light = 185, in an hour = 240, in another hour a 268, and after a third hour, still » 'i3b. The intensity of another lamp, on the contrary, the wick of which was } of an inch in diameter, dimin- uhed from 748 and 869 in the 6rst and second hour, to 634 and In localities where several of Benkler's lamps are tani-ously, in the form of a chandelier orolherwiNe, as in large rooms, 603^ workshops, &c., the evolution of heat from the lamps raises the tem- perature very perceptibly. A middle-sized lamp, the chimney of which is 1 foot high, with a contraction 0.6 of an inch in width, im- mediately inetts a bar of zinc held over it. The temperature at that ipot cannot, therefore, Be less than 360° C, (680^ V.) according to which 1 .5 cubic feet of air (at 360^ C.) must pass through the cylinder in one minute, and this is very much less than the quantity which actually passes. Another very advantageous peculiarity of Benkler^s lamp, is, that we are enabled to bum more oil in the same time with the same wick, 1. e., the wick actually concerned iu the combustion is much higher. For producing an equal intensity of light, therefore, Benkler's lamp.s may be of smaller dimensions, and ar consequently less costly. On the other hand, the carbonization of the wick is so considerable, that massive wicks must never be used. Lastly, it must be stated, that train oil and unclarified oil, contrary to the assertions of the inventor, cannot be used in these lamps without inconvenience and depositioB of carbon on the wick any more than in other lamps. W"hen it is recollected, that the wick and the cone d are of the same diameter in Benkler's lamp, it becomes obvious that, by raising the former, more oil must be brought into the sphere of combustion, but that, at the same time, the external draught is diminidied, andH in proportion as the distance of d from the wick is lessened. In th^f highest position, when the outer draught entirely ceases, the dispro- lurliou and the great cooling influence exerted by the ring upon the fiK.XKtKA'S LAMP. S03 sutatnit of the wick give rise to a singular phenomenon. The still- existing ioterna] current of air is only just Kuffieient 1o keep up the blue weak dame below the ring, whilst the iliime above is extinguish- ed, and its place occupied by a smoking current (^ gas, which can be re-igniled at the apex by a candle, where it again comes in contact with the external air. This slightly luminous point flickers orcr the current of inviKible gas proceediog from above (he ring, whilst below il assumes the form of narrow flames. The proof afforded, by practire and experiment, of the same amount of light being evolved from equal quantities of oil to Beokter's lamps aa in those of ordinary construction, appears strikingly opposed to the great luminosity and beauty of their name. A great many of those improvements, also, the inject of which was a greater intensity of the flame, have failed in consequence of this palpable contradiction. For the advanlave of the increase of light, (produced by means simitar to those in BenKler's lamp,) when carried beyond a certain point, is re- moved or counterbalanced by an evil which arises at the same time. This consista in the diminution of the nze of the flame, consequently the diminution of the surface radiating light. In an ordinary lamp, this surface is extensive and but slightly luminous, whilst, in neuk- ler's,it issmall and more powerfully luminous in proportion.* Hence it is evident how, in the extension of the flame, the Liverpool lamp ia saperior to Benkler's, in which the reverse is the case, t. «. it is con- tracted. For the same reason, taller glasses, t. r. such as cause a greater draught, cease to be of greater advantage, because they diminish the size of the flame as much as thi-y inrrea.se its brilliancy. Among the general circumstances influencing the action of lamps, the position of the wick is also of importance, because the consump- tion of oil does not increase in propotiion to the size of the tlame, and the latter is immediately dependent upon the position of the wick. According to Peclet, the quantity of light produced by equal quanti- ties of oil was In R tamp wilh a. Oat wtek. Id ihv bjrdrovUUic Iwnp. In tbf Kioabn* lAnip With i»- iFtmitting hiT«l. Al ihv grmlr! briltbl ot the flmme vldKini iu KUokiBS . . . ■ At ■meiliumttdcbt Al iu l«i (liilo This maximum of flame is not advisable for use, because the least thing causes the flame to smoke and flicker, and there is too much charring of the wick. The explanation of the better action of larger TIm Aauii «f iho Ibrm^t it tomvwliU orluxtricBl, itwi of Uib \Km amwljr ooiuoaL •Rf Owl m ontinnrr Dame. I jtiob ia diuneter, uid I.A inch in height, ft«vo m tk lishl M ona of Brnklac'a, U.& in diAcruiler, aiul 3 timet Iha beixtit, lh« omm* ■fonding ■utftpw wmM bo in the proportion orabLui \9 lo 10. !■ luldiiiun lu itii>, ili« )mprilr«t tnM^tMtrf pcatliar Ki each tlan»«, inctouei in Benkler'i with ilw diminu- ■iaa iA nxe, Tltu, in iIm IbUot, mora of the Ugtil &am tfaa ptntehor half U wpprtiMftI \rr iha MMrior pvt tlau io oidibnrr damn. ao4 ILLUHINJITINC POWER OP GASES. in flames, moreover, depends upon the cxislcnce of a more correct pro* portion between the supply of air and of oil. Much also depends upon the width of the annular space in llie burner for the wiclt. Where the spaces for the oil are very large, or the oil is contained in open vessels, the wicks become charred down to the surface of the oil, and finally remain in the flame like the suufTof an unsnuffol can< die, whilst in narrow burners, a white uncharred ring always remains abort' the margin, but the iotensity of the light of the dame soon diminishes. We endeavor lo combine the advantages of both by pre- serving this space wide, except at the distance of a line from the aai gin, where it is made narrow. illuminating Power of Gases. — The inconTcnience arising from gas-burners not being portable, is grealtv compensated by the decided advantages of great clieapiiess in the illuininating material, and the constancy and orilliaticy of the light. In fact, in gas illuminalioD, the object to which the numerous improvements in the burners of lamps and their supply of oil are directed is already attained. Th« wiclc, with all the imperfections and deficiencies attendant upon it, is entirely dispensed with, as also the diflicutty of regulating the sup- ply of illurainating matter is reduced to the simple taslcof maintaining a constant pressure. Whilst with candles and lamps, the simultane* ous production and combustion of the gas are in a cnndilinn of mu* ^j tually conilicting dependency, the combustion of illuminating g»!»^\| when passing freely ttirough the apertures, is conducted in such a^^ manner as to attain the greatest perfection. To determine the illu- minating power of gas, apparatus (as the gas-meter described at p. 182, which was used in the following eicperimrnt.';) for mea.iuring the amount of gas consumed is employed. According to Brande, to pro- duce the light of 10 wax candles, 2.7 cubic feet of olefiant gas, 5.1 cubic feet of oil-ga.% and 13.75 cubic feet of coal-gas are requisite per hour; bence the illuminating power of oil-gas is 2.6 times greatei than that of cnal-gas, but only half that of oleliant gas. From an- other determination, 5.85 cnbin feet of coal-gas and 1.9 of oil-gas per hour yield as much light as a Carcel's lamp, which consuioeii 42 grammes of oil, and gives 3.6 instead of 2.7 times the illuminating power of oil-gas, a difference which does not depend upon erroneous observation, but as shown by Christison and Turner, upon the different nature of the gases themselves. By their observations, they were led, with regard to the density, to the following results. Specific iimviljr Relation ot illuniinating powir or caBl-fK&. — Of oil-gu. or ocal-eu. : or oil-g>». 0.578 o.mi w 0.407 i 0.429 ^ O.0OB — 0.SI8 0.910 1.1 10 0.94U 0.965 1.175 100 100 lOO 100 lOO 100 '. 140 225 : aso 364 ^J US M 310 ^" 0.S29 — 0.980 ItW 872 avei^p. nxrwiximc potzb or kasmm. AiumMag to ■ nfort Bade \j Hnfler to tke Britiah p«rfim«t, tbp illumioadig fif of caalfH, ia tvelre poti\|mI tBstriets of EogUna, WMols to Wtvn 4.4QB Md 1.645 6aea AM aTb ttShm candle (6 to the pMMi), b«t anfiurily ftbe«i rvo or ^rt liars, vbea the eoaMB\|«iH nrits A«a 2.3 lo 1.5 cabic feet (per faiwr)» ud the ^eciie gnnty fion (LS8 to 0.412. The coniaoa pcke of 100 cubic t. il 7A (— $1.50 ^ 1000), a awe nUeei Mt ^aite 6tf. (>E $1.90 per 1000): io Lopzic this qautity or gat eoMs i^l«r more iSan 6^. (1840). Tbr tvo-64d greater QhuiunAtiDg power of oO-gBs presents great adraat^es ; far less extenziTe appanlus, gtao- meten, iui^ ue leiiahed ; hewe leaa capital is necessiffT' for tbf pro- dsetioo of aa Mpial npptf of 1!^. VfiA tbe aaae bomer aad gas, tbe amoQDt of Kgbt depends apoa die heigbt of the flantp^ vbich praeticallT, At unman hnng oeartj constaat, is regulated br the poeitioQ of the cock; or in &ct by rary- iog the aise of the aperlnre in ibe burner. Acoordinr to Cbrisiiaon and Turner, the adraotage locreues with the bei^t of the flame, bi^ to a limited extern onlj, and for a simple jet ia tbe foUoviag praportioo: UtrnwHr of Am tk^ Owlfa. ua-^M. fatten lalMMjrof Gmooa- Introaijr flf Qmtm. Cbal^A. OH 91. A* U^L tuned. tb» UcbL ■"* _ 100 _ _ n.o a&i IDO 133 550 1 AOJ M.7 1S.3 109 1» 100.0 101.4 M.a 900 131 181 ISO J) IMJ 14 LO MB.0 ISO IM 1W.8 US.7 ITiO 133,0 190 ^~ 31.4 m.2 ^. "- Thus the point at which further advantage ceases to result on raising Ihe flame of oit-gas is 4 inches, whilst for coal-gas it is 5 inches, which in general requires the flames to be higher. The con- sumption of gas and the intensity of the light increase together, but tbe latter in the g^reatcst propoition up to these points. This occurs to a still greater extent with Argand's burners, for which, with the same consumption of gas, these observers found the intensity of the light to be 100 283 560 582 582 504 «t a height of ( 1 2 3 4 5 inches. According to Fyfe's experiments upon different burners, in which he probably used a better Icind of coal-gas, the increase is as follows: Willi 74 spenum of ^^ of MB inch, tbo (luuneier of (h9 perfbrniod rins being t . J I or Bn iiK-b . . . . — 100 131.8 — 1»8.S — 938.8 83M lr\|«nd-/ y,-.jf\| ^^ ap^fuirw of ^ of tuirw-f. ^ ^^ .jj^,,^ jjj^ ^^^ ^j^jj II uf on incb in ilianio> tn 100 tM.6 — 1T6.3 — 194.8 — 949.3 Height in inohM ... I 1.3 1.73 S 9.3 2.7a S S.& S06 AMERICArV E\PERIUe^TS ON ILLtJMINATlOif. With a bat's wing he found the intensity of the light in the highest position of the flame to be 117, nt a medium boi^^ht 1D5, at its lowest' point, with the same consumption, 100. Lastly, his experiments gire' a view of the intensity of the light proiiuced by the same quantity of gas in different burners, when separately compared at the mast ad- Tantageous height of the flame. Simple Bat'a-wiDg. Fish'lul burn«i. A rgmiul-) wmrn, BumcTB. With 34 Wiih4a Stnall. Large. (toudir of lixhi tiom the mme amonui af giu . 100 139 164 138 183.9 l9tJ3 According to the observations of Hedley already quoted, which were made in the gas>worIcs at Sheffield, the intensity of the light of a simple 4 inch jet is to that of a 3.5 inch Argand 6ame (from 14 apertures) as 1 : 4.4 to 4.8, the amounts consumwlbeing as 1 : 3 cubic feet, which corresponds to a greater amount of light from the Argand burner, by from 1.47 to 1.6 for the same ^iianiUy of gas. Crom the g^neral report of the same engineer upon the principal gas-works in iigland, it is found (in the case of coal-gas) the average specific gravity being 0.476, that a simple jet, 4 inches in height, ctmsumes on an average 1 cubic foot (English) per hour. [^'Jmerican Kxperiments on Uiuminatxon. — A number of compari- sons have at different times been made in Philadelphia and its vict- nily to ascertain the relatire values of several materials employed in this country for purposes of illumination : some of these, such as lard, rosin, and camphine, or oilier similar compounds, being produced in great quantities, both for home consumption and for exportation, some account of the results may very pmperly follow what has already been shown by European inquirers. The materials operated on here have been coal gas, rosin gas, sperm ott, lard oil, crude lard, Dyott's pine oil, Greenough's chemical oil, Carr and Gould's camphine, and the trials bare been made on several varieties of burners and lamps. Some of the results are contained in the following statements, 1. Comparison between the Carcel lamp, the solar lamp ofCorneliuSi the camphine lamps of Carr, Dyott, and Gould, and an Argand gas burner. These comparisons were made by a sub-committee from the Committee of Science and Arts of the Franklin Institute, and appear in its journal for Febraary, l843. "The Carcel lamps were of four different sizes, Nos. 1 and 3 were burned with fall strained oil, at 90 cents per gallon ; Nos. 2 and 4 with winter strained oil, at $1 per gallon. "The solar lamp, No. 2, and the somt<solar, with winter strained; No. 1 with fall strained oil. AMKftiCA5 cxrcunmrn on iLLtmnrATJoy. SOT T1» fcUowiug table gives tht resoh oS tfanc expenmenU; the tmafttn^^* rtiat bring esdmated as the jntensitT dirided bj the O' pease, or the relative quaotitT d U^t far the sane expcaae. ■ Table^ showing the relstirc inleasitirs, the quantity cooxDmed, Ike duntkn of experimeoi the oast of iDateriaJ, the expense per hour, and the eoonoaucal valae of diflerent lights. Gmu Hi^ J7Dr« •* The consumption and expense in this table were delermia«d by an indepeiuJeDt experiment. The solar lamp, ^o. 1, was iulroduced irom aAer experimenis. ** The following experiments were instituted by the ccHumittee to detennine the comparative values of sperm and lanl oil, as burned in the Carcel tamp, which, from its coostruction, requires a better oil for its satisfactory exhibition than ordinary lamps. •' The experiments were conducted in two similar Carcel lamps, and were continued, the first during eight, the second for niue hours. " The lamp which was used in the Itrst experiment for the sperm, was. in the second, used for the lard oil, and met versd. " Experiment I. — The oils used were lard oil, at 80 cents per gaK loDi and fall pressed sperm oil, at 90 cents per gallon. The exptr< riment lasted eight hours, and the intensity was examiued every half hour. Spcnn oil Lanl oil nil. 40 in. .n aoclwniir unul 3 o'clock. 3li. O&m. Sb. 30m, AS «h. 6h. 30 m Al Tb. Arciair. ■ An nf^vr piprriinenr wiili lliia lump (IrmoiiiiniiPil v> t)if mirtMl!nn t^f iIm ram miner, tlioi it* \tn rconctnical value wn« owinit lo ii* hciny iinl wiih loo lii\|th n «liiin- iiry. When Uii^J will) a lieUct cliimnrjr, ii \|;Dre llic wmr rrcull, ■• lo «« <pruinilr«l vnliir, vritb No- 3. 208 AMERICAN EXPEftlMElNTfl OH ILLUMIKATION. "Oil consumnl, sperm 13.7602 oz.; lard oil, 12.& oz.; 7.2727 t 4,9253 = 1 ; 0,6772. ** ExperimetU 2. — The lamps were reversed; that is, after being emptied and carefully draitied, the one which had been used vrilb sperm oil was filled with lard oil, and rice versA. Uh. 4 h. 5b. h. m. & 30 6h. h. m. 6 30 7h. b. m. 7 30 8h. At«- l»JJO. Arenite orboitt. 8percn oil Lanloil 1. M 1. 1.81 1. 1.5 1. .B3 1. I. 1. .88 1. M 1. .62 1. J5 1. 1.09 1. .66 ' Duration of the experiment, nine hours. Oil consumed, sperm 13.5 oz.; lard. 14.5 oz.' From the above two experiments, the following results are de- duced, .63 100 13,75 100 12.50 1.09 ^ 7,2727 : 4,9253 = 1 : 0,6772 7,4077 : 7,517 » 1 : 1,014, I 13,5 14,5 or the relative values of equal weights are on nn average 100 to 84J, ' After the coaclusion of the experiment, the lamp containing the sperm oil was eompareil with the gas slandanl, and gave the fofloir- ing comparative inteiisity^gas 1., Carcel 1.2; and as it was th« lamp marked No. 2, in the Table, it demonstnites (he admirable steadiness of these lamps, when burned during considerable periods of time. " The irregularity and diminution of light shown by the lard oil, and its consequent less economical value, was owing to the fact of the formation of a long and hard crust upon the wicK, which finally reduced the light .so far a.s to induce (he coramtltee to close the expe- riment. But Turlher experiments, with lamps of other constructions, would be necessary to enable us to decide upon the general question of the comparative values of lard and sperm oil, as burned in such. " In consequence of the representation mad'e to the committee that the solar lamp heretofore used in their experiments, (marked No. 2, in the Table,) was not a fair average specimen of that kind of lamp, two new series of experiments were undertaken with a lamp selected hy the makers, and in the presence of those interested in both lamps. Tht following were the results. ' Experimenl 1. — Oil furnished by the makers of the solar lamp. Ih. h.m, 1 31) 1. 1. Sb. h.m. 3 30 3h. km. 3 30 4 b. h.m. 4 30 Sb. 3 -M e h. b.in. 6 3U At- Carcel tamp iubi Itunp 1. .85 1. 1. 1. 1. I. 1.1 1. i:» 1. 1^ 1. I.I 1. 1.1 1. .89 1. .975 1. 1,1 1. i.oa OREENOUGH'S PATENT CBEUtCAL OIL LAMP. 209 It vns evident, from the irregular behavior of Hit Carcel lamp, that the oil was not favorable lo lis use. " Kiperinuni 2. — The same lamps were used, with oil fiiroisbed bjr ibe agent for the Carcel lamp. 19 h. II » 1. £7 th. h. m. I 90 lb. b. n. 1 W 3 b. h.in. 330 4 b. (30 Sh «li. Aie- Avenc« tifflcnw. VumI 1. Solar .aOT 1. 1. 1. i- L 1. M 1- J7S 1. vn 1. I. 1. I. M 1. JTT 1. 2. Grtmough't PaJent Chemical OU, (Jos, and ^aem OU.^ In 1841, B comparison was made at the Franklin Institute between in A^nd gas burner three<fourths of an inch diameter with 18 Jeta, and Greenougb's cJiemical oil lamp, of which the following is a description. ** The lamp consists of an inverted beUshaped reservoir, through the centre of which passes a tube, open at both ends, the upper end of which is about one aud a half inches above the reservoir, while the lower extremity has a free access to air, as in the ordinary Argaod lamp. " This lube, of course, passes air-tight through the reservoir. Con- centric withihis, and surrounding it, is another metallic tube, starling about onosixieenth of an inch below the upper edge of the wick, sod passing down nearly to the bottom of the reserrotr, where it ler> minates. Into the space between these two tubes, the wick, itself secured upon another tube, passes, and rises about three-fourtbs of an inch above the upper edge of the inner air-tube. In consequence of this arrangement of the wick, the lamp, when filled, may be in- veiled, or even rolled over the floor, without losing any of its contents. The top of the reservoir is made flat, and upon it rests a slightly conical tube, a little more than two inches in height, expanded below into a flat zone, around the circumference of which apertures are pro- nded for the introduction of the air, which is delivered at the upper end of the tube, around the outer circumference of the flame. Along the axis of the inner air<tube passes a metallic stem, which carries, at its upper extremity, a button, or reverberator, of a diameter rather lu^r than that of the tube upon which the wick is secured. This button may be raised or lowered at pleasure, by means of the stem, and by it the height of tlie frame is regulated, and perfect combustion insured. The glass chimney is about one foot in height, swelling itigfatly at the part opposite the flame, and thence gently tapering to Its upper extremity. "ny means of the contrivances thus described, a constant and Mcady access of air is secured to the flame, while the effect of any ilnught, or sudden current, is in a great measure counteracted. The luDp thus bums steadily, and without any apparent Bickering irre- gularity." Sm JoumI ATiAitFranUiii loMitute, JHnuBrjr, IMS, vol, Ui. p. 90, New Seds^ SIO CORItCLirS* LABD LAMP. A comparisoD wttb an ArffaDtl gas burner, consuming 4.5 cubic fetrt of ^&s ptT hour, while the Grueoough^s lamp consumed 2 of " pint of the chemical oil, resulleJ in showing the inlensilies to be as 702.21 for gas, and HiJ2,25ror the cbeiuical oit. At SI per gallon for chemicaioU, and $3 50 per thousand fet-i for gas (the price then paid), Ihe cost of the former was 0.9 of a cent, and of the latter 1 .575 cents, per hour. Now 70^.25 : 1482.25 : : 1 : 2.11, which shows that 2.11 times as much light was given by 0.9 cent's worth of the chemical oil, as by 1.57u cenls^ worth of gas; consequently, for equal quantities of light, the cost will be for chemical oil 1, and for gas 2.11 x ' m 3.693. At $2.50 per 1000 feet for gas, it will be as 1 to 2.617. f The result proves that the gas then ustd ought, in order to be on a level in point of cost with tne chemical oil, lo have been sold at — -■- ■> 94.8 cents per 1000 cubic feet. At the same time a com 3,692 ^ parison was made between the Argand chemical lamp of Greenougfa and "a remarkably fine Argand lamp with an adjustable chimney, by means of which the draught nf air could be regulated lo every height of wick." This lamp, burning sperm oil, gave an intensity as compared with the chemical tamp as 1 to 2.26. The lamp of Greenough is adaptoil to burn any of the campbine class of burning fluids. A comparison between Two lamps of the same nallern, one burning Greenough's ** chemical oil," and the other Dyott's pine oit, showed the intensities from the former to be \| greate^f than from the latter. ^" Contftius' Lard Lamp. — This tamp does not differ widely from some of the forms of Argand oil lamps, which have adopted the so- called Kotar principle in the burner. Litce all Argand burners, it has an interior and an exterior current of air, and besides the contracted ring over the /lame, has a tube attached to the same going down a consi- derable distance into the lard destined to keep it fluid, and at a high temperature. The accompanying figure represents, in section, one of the ordi- nary forms of table lamps on Cornelius* plan. .■■1 is the body of the lamp containing the lard, R is a receptacle for any waste which may find its way through the central tube (. The air lo supply the central lube finds admission through a ring of holes oo in the shoulder of it. Outside of / f comes the wick bearer n n, the upper part of which has the thread of a screw cut to receive the lower end of the wick instead of depending, as in most Argand lamps, on the adhesion of the web to the brass, or on projecting points in the bearer. A spii^l groove passes around t, serving lo elevate and depress the wick as in ordi- nary Ar^nd burners. FF is a frame composed of a tube f e with a ring encircling its lower part, from which proceed upwards xeveral strong wires A A to a ring of metal b, at the top of which are the two screws ««, which confine the basis of the chimney C. The ring b rests on a depressed flanch^^of the body of the tampon which it can 2rt OIL, R(UIK-GAS, AND CHUDE LARD. C, kept in place by the ring r r which comes over the outward flanch of glass and is screwed upon c c by a thread cut on the outside. The air passing to the outside of Ihe wick enlers a circle of holes as scun at a « llirough thi- lower edge of the solar cap cc. The circle of meial c c is called the deflector, and must be alwayii abore the level of the top of the wick. The wicks used in this lamp are about twice as thick as those of ordinary Argand oil lamps, and should be trimmed to about one-eighth of an inch above the burner- tube. The shades of these lamps are either glass globes, roughened by grinding on the inside, or truncated cones of paper, resting on light wire frames at a suitable distance above the body of the lamp. The latter is preferable for reading, and the former for the general illumi- nation of apartments. 3. Oil, Roiin-Gas, and Crude Lard. — In December, 1844, the editor was associated with Messrs. J. C. Cresson and G. W. Smith in an examination and comparison, on behalf of the U. S. Trea sury Department, of ro^n-gas and oil, as materials for furnishing light to the light bouses ; and on that occasion a solar lard lamp of the kind above figured was employed as a standard. The report of this investigation will be found at length in Senate Document No. 166, Twenty-eighth Congress, 2d Session. The experiments showed that one of Cornelius' solar iatd lamps, burning at the rate of 0.13l>6 of a pound of crude lard per hour, produced a quantity of tight repre- sented by 1,448; — that one of Coston's solar Argand gaa burnerSf consuming 2.707 cubic feet = 0.1046 of a pound, avoirdupois, of rosin-gas per hour of sp. gr. 0.8093, or 43 per cent, superior in density to coal gas, gave a quantity of light represented by I, while one of the Argand oil lamps of the kind commonly used in (he light- houses of the United States, burned per hour 0.069943 of a pound of sperm oil, (§ summer and J winter strained,) and gave a quantity of light represented by 0.4973. These data afford the inuans of computing the relative quantities of light from equal weights of materials. 1.448 1. 0 4973 Thus: 1068 956 OIL 711. 0.13B6 0.1046 0.069943 The two following tables are computed from the data furnished by the experiments, in which 70 lbs. uf rosin produced 486 cubic feet of gas, and from the ascertained cost of the several materials at the time of making the experiments. In computing Ihe cost of gas and other materials for a given esta- blishment, as a single light-house, it is necessary to take into account not only the maieriais out of which gas is luade, but also Ihe interest on the cost nf gas »ppamtus, the annual re]i»irs of apparatus, renewal of retorts, &c., together with the fuel for heating the retorts. Admit- ting a gas apparatus for a light-house to cost $1500, the interest on its cost will be 24.6 cents per day, — the annual repairs of building at $100 per annum will cost 27.5 cents per day; other repairs, as re- torts, grate bars, soapstooe, &.C., 17.81 cts. per day. Rosm and heat* OIL, R081H-GAS, AND CRUDE LARD, 313 ing noaterials on the western waters were computed to cost 25.22 cts. per day* and on the Atlantic 18.66 cts. Hence, the total cost of gas per night on the Atlantic comes to 88.57, and on the western waters to 95.03 cts. The calculations are based on a consumption of 162.4 cubic feet of gas per night of 12 hours. "For a given amount of light on the Atlantic and Golf of Mexico, the following comparative table of the expenses of the several mate- rials has been computed. Lard being 5.8 cents per lb., oil 91.6 ceota per gallon, rosin 65.8 cents per barrel, of 300 lbs. Ill a ! I 8 mm g Z ■= -§ g E $: 3A6 5iOO 10.01 3'J.4U 86.57 101.99 1 IS.01:* 343.3 B 373.H 31 .U 86.8 100. S31.G4:i 86.348 " The last column is computed from the number of lamps actually ID use in the light-house establishment in 1842. '* At the Cincinnati prices of $1 25 per gallon, the oil, per night, would amount to l.H3x 125«139.12 ceots; while, at 4.75 cenU per pound, the lard would cost 5.602x4.75sb26.61 rents per night. " Table of the cost of light from lard, gas, and oil, at Cincinnati prices. Lard 4.75 cents per lb., oil $1 25 per gallon, rosin $1 50 per barrel. K O ». I L 11 R(Mio>giu 3.4S IOjOI «6.01 W.03 130.13 97.13 340.83 iK>7.7tf 19.13 «8.31 100.00 ^2&.Bia VLiM 135.493 931JH3 WA9i 99.393 "Hence it appears that at Cincinnati prices of rosin and oil, the relative cost of gas light and oil light is greatly more in favor of the former than on theAtUntic border."] The superiority of the flat flames over the simple (round) ones, ex- plains an observation which has been made with regard to the Ai^;aiid burners. When the apertures in it are placed so far apart as to form a circle of di.slinct jct.s, the effect is I weaker (with the same current of gas) than when the jets (of \| to \|^ inches) unite into a single flat It must also be remarked, that the action of glass-chimneys upon gas Aaffles, to which they are not so requisite, is quite difleniDt from 314 COHPARATIVB VAIUC OF METHODS OP ILLUHIKATION. that exerted upon the tlame of the wick of a lamp. Kor the mass of (he jet of gas, as it leaves the burner, is in far more correct relation to the air, which at the ^ame time has free access hy reason of the hot current, than occurs with the gaa produced at the burning margin of the wick. Gas has little tendency to smoke; Areand wick flames never bum without smoke unless a chimney is iisen ; the latter require a strong draught; with the former, the glasses serve rather to steady the flame than 10 ensure its perfect combustion. Hence they are always made shorter than the glasses of oil-lamps. When increased to a certain extent, which is soon attained, the draught of air begins to coo] the base of the flame, and consequently to mix with the gas. A diminu- tion of the light is thus produced, which depends upon the combus- tion of too much carbon simultHneously with the hydrogen; hence but little is momentarily separated in the flame. A striking proof of this is yielded by the well-known experiment in which a closed tube of wire-gauze (through which a flame will not ignite) is adapted to a gas-burner by means of a suitable mouth-piece. The same current, which without the case of wire-gauze yields a perfect flame, becomes intimately mixed with air in the interior of the case, and on its exit burns with a pale blue light, because the separation of carbon in the flamf has then completely ceased. This phenomenon gives an impor- tant hint on the general management of the draught m illumination. It is seen in the same way when (he gas is allowed to escape with too great velocity. If this velocity exceeds the proper limits, the Same is extinguished by being cooled too much; when urged to a certain point, the current will not ignite for a distance of several lines from the aperture, but then burns, with a pale Same, because during this time the gas has become mixed with air. Busson and Rouen have recently, with great ingenuity, converted the cause of this evil into the principle of a new system of illumina- tion with the oil of turpentine, oil of bituminous marl, coal-tar oil, oil of rosin-gas, &c. ; in short, with such oils as appear from their com- position to be fluid, volatile hydrocarbons. When speaking of Luder»- dorff's lamp, it was shown how, on account of the great amount of carbon which these oils contain, they were best burned when mixed with alcohol, 5ince, alone, they yield an extremely smoky tlame. The two inventors, therefore, allow the nits to escape to the form of a jet of vapor, under a pressure varying, according to circumstances, of from 4 to 24 lines (mercury), by which means the above pbeoomenoa is produced, and by the admixture of air the excess of carbon is re- moved, but without injury lo the order of combustion. In this man- ner brilliant flames, free from soot, an- produced. Comparuon of the Various Methods (if Ul\imination with each other. — In the preceding remarks, we have laid down the particulars requisite forjudging of the value of the various methods of illumina- tion and their practical details. But the tnie value is not clearly seen until in its determinaiion the cost is compared with the etTecl. In the following iJcetch (by Peclftj, the value expended each time is deter- COHP&ft&TITX TU.VE OF METHODS OP ILLCMIN ATIOH. Sll Dinrd !— the price, fiv eximple, of • {ust of o3 (0.9 lb.) b«tog fixed at Bboat bd,;of\ lb. of UUow euMlfei at 7^., wax c«ndl» at 2i. fd^^ stesrine caodles aX If. Ad.; a pint of iUuminating spirit (0.8 lb.) 8d. ; of 100 cubtf feel of coal-gas at Id. ; and lasdj, of 100 cubic feet of oil-gas at 2«. 3d. Of coarse the price depends upon the locajitjr, conaeqaentl}* the value of the meaos of illamination is ditfereal at ea^ place. Heaiuor iUvmiMiioa. c ■ . ft 11 Talknr «mMlle«, 6 w lb. Wm - « " SiMtiBa - i * Ealwnlawp - Laenp vM AM viek . AttnMKnp Si])ainbt»4iun\|> . Lunp wlrti ioTeilDd iinwrfnu CaiMl'ft-lMnp . Tapof^unp Cbil-9> . • ■ Oil-cu 1066 i&.ao •J 8.99 &0 12.30 11 J) 31j00 S4.7 sun S7.I 0OjOO 43j0 4iJ0O 17.36 lOOJOO 43.0 130.70 lSl.0 C. F. 137j00 S70 137-00 2.43 54.04 61.67 66.58 33.60 47.50 48.70 63j0 87.6 109:2 10U.0 36 J3 1.3 5 3:1 yi^ ij pvi 100 c. p. 7i> laa aiaa 0461 0J)83 0.1 u OJIU ossa 0446 o.n» tX43A a.oi3 0.560 0.090 1.169 XI5S tJ0a6 t94« 0.918 0.803 0.667 a496 a39« 0435 ixn 0J«? Hiufl illumiDation with wax lights is the roost expensive; then come stearioe candles and the rapof lamp, which are also very ex> pensive, as is well known. However, there are certainly few rases in which the opinion of the piiblir and the scientific estimation of the vaiae diifer so materially from each other, as is the case with regafd to the means of illuminalioo in general, occasional deceptions, sitch ■ as occur in Benkler's lamp, not being taken into consideration. Thus, a glance at the last column shows that the kinds of illuminn- lion, which, on account of their supposed cheapness, are partly used by the wealthy, and exclusively by the poor, are th« very ones which, for the production of a certain degree of brilliancy, are of the greatest expense, provided we exclude articles of luxury, as wax, &c. A given amount of light yielded by tallow candles costs from \| to twice (accortiing to the price), by the kitchen lamp nearly 3 times, and by the lamp with the flat wick, more than twice as much as when ob> tained from Carccl's lamp. Moreover, we not unfrequentjy hear good lamps confounded under the trivial name of great oil-consumers, with such as evidently consume to less advantage. The foundations of these views are more than mere errors, and are derived from diflerent sources. First of all, we must take into conaidcmlion the cost of the I 216 COMPARATIVE VALUB OP METHODS OF ILLCMIKATIOIf. means of illumination, independent of the expense of the material used to yield the light, because this is greatest in the better kinds of limps, &c., but small in candles, the kitchen lamp, &c. llius the poor are fretjueotly subjected to a loss, which although each time exccedinety small, hy its daily recurrence, in the end amounts to a Considerable sum, — merely because they are unable to procure or lay out, at onre, the sum required for good lampB. Another reason is, that lamps (especially thp bettor kinds) cannot he made in every Tariety of size correspoodlng to the varying; amount of light required by the numerous wants of ordinary life. In this manner one of the most common cases arises, tn which a simpler means of illumination, B8 candles, study-lamps, &c., is preferred, merely because larger and better constructed lamps give far more light than the space and number of persons employed require. CarcePs lamp, when most »d- Tantageously yielding light, is an article of luxury for 2 persons, because it gives light enough for 8 or 10, and is, consequently, more expensive than the study lamp, notwithstanding the imperfect consumption of oil in the latter, or than tallow candles, which are so especially adapted to all cases where smaller quantities of light are required. It may be urged to the reproach of art, that little attention has been paid to practically applying the numerous principles of the improvement of illumination to circumstances where small quantities are required. Lastly, the table shows that gas-light deserves the preference, not merely for its beauty and whiteness, but also for its cheapness. But it is, of course, only applicable when the consumption is sufficient to make up for the expense of the works. However, we have recently learned to combiue lighting with other trades, so that, by the diminu- tion of the expense, it also becomes applicable where a smaller quan* ttty only is required, as in a manufactory. Thus retorts are placed in the fire of steam-boilers, and produce the gas without any interfe- rence with the ordinary working of the machine, and in this manner the expense of firing is avoided. [The foregoing remark relative to the chtapnets of gas applies to European prices of that article. At the enormous rates charged in this country, (2, 3, 4, or 5 dollars per lOCN) feet,) it is evident from the above cited American experiments that other materials, especially lard, and the camphine compounds, are far more economical than gas.] 217 GROUP II. PROCESSES OF MANUFACTURE CONCERNED LN THE PAODUCHON* AMD APPLlCATtON 0¥ TUT. ALKALIFJI AND EARTHS. ft The more powerful salifiable bases — the hydrated oxides of the light metals, therefore, or the alkaliej and earths — are gifted with ex- traordinary chemical forces, the action of which may as easily be directed towards aflectiag the ilecom position and tran»muiation of other substances, as to the production of intimate combinations ia fhe fbrmatioo of salts. Those of the salifiable bases in question, which are siiflicientlj plenlifut, or which can be manufactured at a sufficiently cheap rate, g"ve rise, therefore, lo a series of industrial employments, which are aoded chiefly upon this energetic chemical action. L— OP THE ALKALIES. Amongst the different salifiable bases of this class, ioifu and potash — known in commerce in the state of carbonates — are the only two used in manufactures, and are consequently of pre-eminent import- ance. But besides the direct and interesting application of these bodies, certain other branches of manufacture, as the production of sulphuric acid, which have not the production of potash or soda for theu direct object, are, nerertheless, so intimately connected with this part of the subject, that a description of them cannot bn well passed over here without detriment to the general Tiew of the whole. SULPHtTK. JVatnre Sulphur. — In volcanic di.stricls, as those of Toscana and Naplea, in Italy, and those between Cattolica and Girgenti, on the south coast of Sicily, large masses of native sulphur are found depo- atted in layers of lime and clay marl. It is more than probable, that this sulphur is formed originally from the gaseous sulphuretted hydro* gen, which, mixed with sulphurous acid, atpieous vapor, air, and sulphur, in a 6nely divided state, issues from all parts of the soil in the form of currents of gas, which are there called ywmtfroiei. The glowing lava which simultaneously comes in contact with the ascend- ing current of sulphuretted hydrogen from the interior, and with the i 318 gULPHUR. Fig. 73. adnospberic air, causes a partial combustion of the former (o sulphur- ous) ncid and maler. But the sulphurous acid thus forinpd rsdecooi- posed in contact with the remaining portion of sulphuretted hydrogen into water and sulphur, and this is partly carried up with the car- rent of gas, and partly sublimed in the cracks and crevices of the rocks. Far the largest proportion of sulphur is brought from those districts ; Sicily alone furnishes nearly 1 ,540,000 cwts. yearly ; Naples, and the Solfatara of Tuscany, less ; the latter only 20 to 30,000 cwls. Purification. — It is usual to separate the sulphur, by distillation, from earthy impurities on the spot, which always constitute at least one half of its weight. A furnace is used for this pur- pose, Fig. 73, which is suffi- ciently wide to receire two rows of earthen pots j3 A — the vessels for distillation — which arearranged in pairs, somewhat raised above the sole of the fur- nace, upon the supports 6, so thai the necks of the pots can be conveniently let in to the top of the furnace. Thus the mouths of the pots are free, and having been charged from without, (hey are ed by the lids c cemented on, and the distillation begins. The sulphur vapors pass over by the lateral tubes a, to the receivers B, where they condense to liquid sulphur, which flows through o into a vessel C filled with water, and there becomes completely solid. Refinery. — The puriGn- tion effected in the manner described above is so im- perfect, that the product, crude sulphur, still contains a small per centage of earthy matter, and this makes a second purifica- tion, by distillation, neces- sary ; tnis is generally per- formed at the sea-]>ort8. A very suitable apparatus, invented in 1815, by a ma- nufacturer, Michel, at Mar- seilles, and now everywhere used. Fig. 74, afibnls the double wl- F]«. 74. eULPBUK. 319 Tantage of producing consfcufively, without interruption, Jioteers of tulphur, (pulTcruleot sulphur,) and sticks of sulphur. Th« iron vessel a, which is large enough lu contain a charge of from 10 to 12 cuts, of sulphur, is walled into a furnace, the interior of vhich has DO other outlet than the arched chaonel x, leadio^ to the chamber d d d, which has a capacity of froni (i to 7000 cubic feet. The boiler and the chamber together form, therefore, n retort and re- ceiver upon a verj large scale. The firing for the boiler / is main* tained by a draught through the ash-pit c, by means of the chimney m. At p there is a door for charging and emptying the boiler. Tie chamber itself has a separate outlet, in which a valve s, open- ing outwards, is situated. Soon aOer the heat is applied, and the sulphur has become liquid, (at a lemiicrature of about I.'J0°«302" F.), it catches fire ;* but this is extinguished of itself, as soon as the oxygen of the air in nie chamber is converted into sulphurous acid. When the boiler has attained a temperature above 316° (633° F.)^ the mass begins to boil, and give out vapors, which pass over to the chamber through x, and condense against the cold walls. As long as the temperature of the walls is below the fusing point of sulphur, 108'', (258° F.,) the sulphur can only condense in the solid form. The sulphur, therefore, forms small, microscopical crystals, and these deposit in the form of a yellow dust (flowers of sulphur). The constant condensation of the flowers of sul- phur heats, however, the 'walls of the chamber, and they acquire, at length, a temperature of 108° (258° F.) When this period arrives, on the third day, liquid sulphur only can be present in the chamber. If the production of flowers of sulphur is to be continued, the operation must be stopped during the nieht,that the chamber may have time to cool. If not, the flowers of sulphur are removed from the chamber by a door for the purpose, and the heat being kept up, .<iulphur continues to distil over, and collects at the bottom in the lluid state, as is repre senled in the figure. This second period has also its limit, like the first ; for is .soon as the walls of the chamber have attained the tem- perature of SIC^ (SOl^ F.), which occurs on the seventh day, the condensation diminishes so rapidly, that a stop must be put to the process. ^ if- '• The sulphur can be drawn ofT through an aperture n n^ made at a few inches above the floor of the chamber. It is only requisite to push in the stopper A, which can be made to a.ssumc any position by means of the spring m and its handle o. The sulphur flows through the gutter r, which is kept hot as far as q by charcoal, into the wooden somewhat conically bored moulds, Fig. 75. The solidified sticks of sulphur can be easily removed from the moulds by the pestle n. The production of sulphur from the bisulphuret of iron (Fe S,], a mineral disseminated throughout all formations, u iron pyriU, and cooEueomi pyrites, depends upon the ' TiolsDt espkaioaa we not vacommoa. 2-20 StTLPHUR. Pg. 76. properly pos^estied by that mineral of being decomposed at b red hekt iDio Riilplitir, and a compouDd of the same L-onstitution as mac;T}etic pyrites 7 Fe S, = 6 Fe S, Fe S,+6 S. The mineral Ihus parU witli 23 per cenl., or 4 of its sulphur. In Silesia, Bohemia, and Saxony, the decomposition of iron py- rites is mostly carried on in conical clay tubes a, which are placed in rows, from twelve to twenty-four, in a g:aller)' furnac« (Galeerenofen), (Fiff. 76 is a side view). Both the wide and narrow ends of the tubes project out of the sides of the furnace; the former for the purpose of cbarg^ing the tnbet with broken pieces of iron pyrites^ /'ram 70 to IDO lbs. at once; the other to open into an iron receiver b, filled with water; the narrow mouth is stopped by a perforated plate of clay, that the ore may ncA full into the water (from the inclined position of the tubes c). Not more than \ of the sulphur contained in the nyrites is actually obtained; as in attempting to expel all the sulphur present, the residue would melt, and the tubes would require 10 be broken up each time in order to remove it for future operations. These consist in roasting it, when, by the absorption of oxygen, green vitriol (sulphate of iron) is produced. The crude product, called drop-sulphur, requires to be subjected 10 a second distillation, on account of the impurities which it cod- tains, more particularly to free it from arsenic (derived from arseni- cal pyrites e sulphuret of arsenic + sutphuret of iron, which nearly always accompanies iron pyrites), and this is eirected in cast-iron retorts, in the purifying furnace. Sometimes, inslend of rraploy- ing the furnace, the pyrites is roasted in heaps or "meiler," in a square brickwork space, over a layer of wood. By covering the heap with eHrth, the sulphur vapors can be forced to pass through a lateru lube into the condensing chamber. In uncovered heaps of this kind, deep grooves arc often made in the upper colder parts, in which a portion of the expelled sulphur collects. The puritied sulphur still contains some selenium, arsenic, and bituminous particles. Here and there copper pyrites (sulphuret <rf copper) is made use of in the same manner; but the sulphur obtained from pyrites is ali^ays the smaller jKirlion of that which is brought into commerce, by far the larger portion coming from Sicily. Pyrites is now muih used instead of native sulphur for burning in the sulphuric acid chambers, and the manner in which it is used will he described under sulphuric ncid. Within the lart few years two patents hare been enrolled for ob- taining sulphur from what have hitherto been thrown away as waste SULPHUR, 391 products of manufacture. The first plan was patented by Mr. Kew- toD, and applies to the sulphurous acid evolved during roastine from the sulphurets of iron, copper, lead or zinc ; the second is the inven- lioD of Mr. Lee «bo converts the sulphuretted hydrogen gas obtaioed by an acid from alkali-makers' waste, or from the sulphurels of po- latsium. sodium, or calcium, first into sulphurous arid by burning; and this sulphurous acid is then leiiolvt^d into solid sulphur. 1'be mode of converting the sulphurous aciii into solid sulphur is alike applicable, from whatever source the acid may have been obtained id the first instance. The following description of the process and appa- ratus, which have been partially carried out in Ireland, where it is so important an object to reduce the freight of the sulphur hitherto con- veyed to this country in the form of pvrites, is taken from the Re- pertory of Arts, vol. V. p. 20, 1845, aiuf from a memorandum drawn up by Mr. Lee himself. The sulphurous acid. In whatever manner it mav be evolved, is decomposed by passing through a fire of common coal or coke, which fire maintains at a red heat a flue or chimney filled with bricks in such A manner that interstices are leA through which the products of combustion are carried. These products consist of some undecomposed sulphurous acid gas^ some guiphuret of carbon, sulphurttttd hydrogm, carffonic oxide, and carbonic acid gases with vapor of sulphur. In passing through the heated bricks in the flue or chimney, these gaseous compounds react upon each other so as to produce solid sulphur. The sulphurets of carbon and hydrogen are decomposed by the carbonic acid gas and nndecomposed sulphurous acid gas, producing sulphur and aqueous vapor, and the carbonic oxide gas farmed at the same time, as well as that produced by the passage of the sulphurous acid gas through the fire, decomposes a further portion of the sulphurous acid gas in its passage through the heated brick.s. Whenever a deficiency of sul- phurous acid gas occurs in this part of the apparatus, which is easily detected by the escape of sulphuret of hydrogen or carbon, it is sup- plied as wanted. Thus the process is conducted quite as easily as the manufacture of sulphuric acid. It is absolutely necessary that the bricks should be at a full red heat. Tb^ sulphur vapor is cooled down to a temperature of 360'^ F., and conducted through an appa- ratus (similar to the muriatic acid condensers to be described here- aller),in which it is exposed to an extensive heated surface, on which h liquefies and filters down to a pan at the bottom from which it ii nin off. That part of the sulphur which escapes liquefaction is col- lected in powder in an apparatus constructed on the principle of the chamber for collecting lamp-blark. The following drawings represent that part of the apparatus by which the sulphurous acid is decomposed. Fig. 77, 1, is a longitudinal section. Pig. 77, 2, is a transverse section of 1 , through the dotted lines I, I. Fig. 77, 3, is a sectional plan through the dotted lines 2, 2, Fig. i7) 1> ^1 is ihe flue through which the sulphurous gas passes, when it u atncrattd loihe fire-place fl; C, the grate bars; D, Ihv ash pit ; E, the uoor closing the ash-pit; F F F, are holes cloaeU hjr fire bricks, and through which the fire is stirred ; G, is the fire-briclc grating comrou- uicaiiDg with the flue ,^, through which the sulphurous ackl gas enters the fire: // tf, are the Hues carrying away the sulphur vapor and gaseous matter from the fire into the chimney or flue 7, nnd constructed on the principle and similar to the grating G, The chimney or flue / is constructed of common brick or stone, cased inside with fire-brick, ia the interior of the walls, which are of great thickness. / is a space 5Ued with ground coke or furnace ashes, or any other suitable material that is a bad conductor of heat. K K K are brick arches or iire piles thrown across the chimueyorilue/, and placed about two inches apart, upon which are piled fire-bricks, or fragments of fire-brick constructed ID a way to form tortuous passages for the sulphur vapor and gaseous matter to traverse ; they are placed in the chimney at intervals of 18 to 24 inches. L L L zte openings into the cbiraney, through which to ascertain its temperature, and are closed by an iron or brick stofn per when not used ; M is the flue carrying away the sulphur vapor and gaseous matter to the condenser hereafter described; JV'isihe door at the bottom of the chimney for cleaning the chimney out; o 0 o o are doors for closing the brick grating G^ in which are regis ten for admitting atmospheric air when necessary; P P are doora through which the coke is supplied to the fire-place B; Qis a damper the flue w^. ipparatus iu which the for regtilatJDg the supply of sulphurous acid gas to figs. 77 and 7S, 4 am! 0, represent the appara 8PLPHUR. 223 I sulphur vapor, or part of it, is condeosed and liquefied, and M is the flue in coDueclioa wiih the same flue w\f, Fig. 78, 1. Fi\|. IS. tlula/letiilietiifi Pfan tifffrttenM at Citify Cttltrn Fig. 78, 4, is a se^-iiuiiiil tlcratiun. Fig. 78, 5, is a horizontal sectioo through the dotted lines 3, 3, Fig. 78, 4. The sulphur rspor and gaseous matter enter that part of the appa- ratus shown at Fig, 77, 4, and which is called the condenser, by the flue .V. it is the chamber or body of this condenser, Blled with broken glass, bricks, stone, or coke, so as to expose extenave aurfaces for coDdensing the sulphur vapor, on the principle of the condenser so extensively used by the alkali makers for condensing muriatic acid gas; S'\9 an iron grating to support the materials with which the condenser is filled, and through which the liquefied sulphur runs into the iron pan 7, placed underneath to receive it; the gaseous matter and uncondensed sulphur vapor also pass through this grating, and are carried out of the condenser by the flue t/, into an anp»ratus con- structed of brick or stone, and on the principle of the chambers used in the manufacture of lamp-black, and in which the remainder of the sulphur is collected in the form of powder or flour brimstone: a draught is produced by connecting with this part of the apparatus laat Jescrtbetl a chamberof sufficient capacity to command any draught that may be required. The following is an estimate of nett proiit realized by this process. £ » d lOO Tons of Pyrites at 13., the present price at the mine averaging 38 to 40 per cent, of sulphur, and 2 per cent, of copper 65 0 Expeane of 60 toss of coal at 12«. 0 36 0 0 224 SCLPHUMC ACID. Carriage of sulpbur to place of shipment and freight to market 36 0 0 Labor 20 0 0 Produce 30 tons of sulphur at £b lOt. 2 tons of copper at j£80 157 0 0 . JE165 . 160 Gross value Deduct expenses, &c. Nett profit . 335 167 . 168] OtL OF VITBIOL (kI'LPHVRIC ACId). Sulphuric acid, as an article of manufacture, is either produced directly from sulphur (English oil of vitriol), or is separnted, ready formed, from green vitriol (Saxon, fuming or Nordhausen oil of vitriol). English Sulphuric Acid. — Theoretical Process. — Sulphur, in order to be coiivfrifd into sulphuric acid, must take up 1.49 parts of oxj'gcn = 3 equivs. Vi'hen it is burnt in the air, vrhich is easily ofTecled at a temperature of 300° C. (572° F.), it combines with only 2 equivs. of oxygen = 0.99 parts; the compound formed, sulphurous acid (S 0,}, must therefore assume another equiv. b 0.497 parts in order to become sulphuric acid. Sulphurous acid possesses the property, when in contact with moist air, of gradually combining with this additional portion of oxygen, and by Ihe agency of platinum sponge, which then eicerts the same power as in (he platinum lamp, this combination ra- pidly ensues ; but this property of platinum sponge has not yet been turned to account on a large scale, partly on account of the tedioua- ness of the process, and partly from the costliness of platinum. A body is, therefore, employed, which combines small cost, with the pro- perty of purveying oxygen from the air with rapidity, and on a large scale: such a body is the detUoxide of nitrogen^ or nitric oxide (N O,). This gas, when brought into contact with the air, becomes coDverted by the assumptionof 2 equivs. of oxygen intoared vapor, into peroxide ofnilrogen, (N 0^), which, (in the presence of moisture and sulphuric acid,) parts completely with that half of its oxygen, which it had taken from the air to the sulphurous acid, so that 1 equiv. of peroxide of nitrogen, and 2 equivs. of sulphurous acid become converted by this exchange into 2 equivs. of sulphuric acid, and the original 1 equiv .of nitric oxide. For N 0^, orN O, + O, and 2 S O, — 2 S 0, and N O,. This latter, therefore, only acts as a purveyor of oxygen, and is re- obtained entire at the completion of the process. It might, therefore, be used a second and a third time, and indeed with a given quantitv of nitric oxide an unlimited amount of sulphurous acid might be oxi- dized to sulphuric acid, if it were not necessaiy practically to employ air instead of pure oxj'gen, which contains 76^ per cent, by weight, and 79 per cent, by volume of nitrogen. •vtrsTfttc acxbl As otea, tWtdbrc u 100 B». of afabv Mde<8 a«iJ.49.7 4074 cubic onlertoauhe 'tlw;.of a^«B fect(>tOFC.)«rBibcge«an 6aa ibe ekaaben wfccxe tW 1 lor a fireib Mixlwe of ewm, vfekb e«uot be doae vitboat Rnoria^ ■C tfae mae tine the attne osUc with wUch it is mixed ; a sepuntion of the two pMci htm eacb olber Wnf inpracticable. The mana* facturef b i !■!■ i\|iii tly Bhigiit ahragw te »ctiftce Ac yj— Me aitric oxjdciaonlcrtogeladif iteaadna lad JMpwfiag aitny ; aad hetiec he ia iimd to W\|M<Jace it inihe sane qgasutr, simple on ac- eooDt d this ■echaairal iSSeBkj. n* auns&cttirisg pnccja ior loJpfaaric acid is oldrr than the Acocctical expIanMioa of what ictaalfy occws. ANhnagh. gcacnUly kDvaro b<£ire the end of the ITth ceatwj-, the ■aaafactoiaf pnccaB takes date from the inrtiiboo of the tuifkmric adtf oUmien, IM fint of which wai erected ia 1774. bj Rodock, of BimuBghaiD. Besides air and wattr (Taper), therdbre, a scpplj of sMfykmroms adJ and mitric (kzuir must ooDStaoUf be ke^ gp to them. The sal(dninM»scad waaaeaihrahraTsobtaioed ia the first instance by the comboatMMi of nlpbor ia mmaces eoosinicled lor ih« purpose ; and erode solphar &om ^citjr vaa enifrfoyed without beio^ submitted to further pariGcatioD, until, in the jear 1841, rhe disputed sulphur qaestioo between the EngUsb eoTemment and Naples, notwitbstaod- iog its peaceable adjustment by the mediatioD of France, raised the price of natire sulpaox to such an extent, that manufacturers were forced fo seek other sources of supply. Success was soon the rvward of EogUsb industry ; and the enormous stock or iron and copper pyrites which occurs in Ireland and the coal districts, was worked lor sul- phurous acid. This pyrites is frequently roasted in perpendicular furnaces 7 feet high without any combuMible matter, the pyrites itself bting combus^ tible, and giving out 5iiflicicnt heat to decompose aikd ignite the sub- sequent charges. Whilst fresh matter is added aboTe, the calcined stones are removed from below, so that there is no interruption to the roasting process. From time to time the mass is stirred about through doors at the ^Jes to cause it to sink more rapidly. The pyrites iq burning aflbrdi sulphurous acid, and leaves a re4diie of basic sulphate of iron {Fe, Oj, SO,) mixed with the matrix of ihe vein, so thai in all, the residue contains about 3 percent, sulphuric acid. From the purer varieties of pyrites ibis residue can be used for preparing sulphate of soda (in the soda works^ior for fuming sulphuric acid. Horizontal furnaces are also employed for roasting, like Ibat In Fig. 79. ^'1 is the door for introducing the ore, a the principal grate; whatever falls unbumt through this^ collects in the second grate ^ * Pj^rim Ia inoM pompteteljr iteoompowl inmcukk orironiifl nilphurvtlMl fafdrofm, tif cAiulnctltiK ■ niFKnt of aqneaiu Tspor onr li at a imI bMt, a praovM Mliiefa Ikb bMB \|iij> in pracUcc io EuKtauxL 226 PYRITES* FURNaCKS. Pf. 79. and is removed afterwards througli B. The draught is regulated hy S and ^, whilst the sulphurons acid is conducted by x to the chamber. Since Sicilian sulphur has beeo again imported, the use of pyrites has lost much of its interest. [The present plan of using the pyrites consists of a square fur- nace strongly bound round with iron somew'tiat similar to the Figs. 83 and 84, about 10 feet high and 4 feet wide inside at the top, and 3 feet at the Iwttom. The oppo- site sides of the furnace »re simi* larly constructed. Thus Fig. ^ is perfectly plain; the opening a is only temporary to allow the gases of the coke or fuel which is burnt in the furnace at first to bring it up to a sufficient heat to pass off into the atmosphere ; the other opening & is a flue about t'2 inches square for the passage of the sulphurous acid to the chamber. la this flue the ordinary nitre cups are placed. Fig. 81 represents the two other sides where a a a show the iron straps for strengthening the furnaces, 6 fr are the doors for charging the furnace with the pyrileij broken into small pieces ; the doon: lower down are intended lo allow the workman Co keep the materials free and as open as possible for rVRIT&S- FURX&CU. 97 die pasnge of the air and gM; e e are the opentogs through which the rendue U drawn out. Fie ^1. The residue, after dissoUing out crude soda, tank waste, or refuse from black baits, which contains amongst oibcr substances, sulphuret of calcium, has also recently been turned to account ; it is decom- posed by carbonic or muriatic acids, and the sulphuretted hjrdn^ii collected in gns-holders. From these it can be conveyed to the chambers where, when ignited, it gi\-es rise to sulphurous acid and water. This process, the invention of Mr. Gnssagc, has not come into general use, from the difficulty of managing the gas, and (he fall in the price of sulphur.] For the production of nilnc oxide, the old plan was to ignite a mixture of S parts sulphur, with 1 of saltpetre, when sulphurous acid and nitric oxide were produced, and sulphate of potash remnined. The former results from the excess of sulphur, as in all probability KO, NO, + S — KO, SO, + NO,. Instead of this process, a trial was made (in France) to use the vapors which are evolved when treacle is heated with nitric acid; a mixture, therefore, of nitric oxide with peroxide of nitrogen. Oxalic acid is here obtained as a secondair product ; it, however, does not realize a sufficiently high price, which vaa anticipated, to compensate for the expense of the process. It has, therefore, been found generally more advantageous to employ nitric acid a1 once, which is evolved from cubic or common nitre, i. «. nitrate of soda or potash, by means of sulphuric acid, and the heat of the sulphur furnace. Nitric acid, nnmcly, forms with sul- phurous acid, nitric oxide, and sulphuric acid, for NO, + 3 SO, « NO, + 3 SO,. When fluid nitric acid is exposed in saucers to the 3-28 LEADEN CHAHBRR8. action of sulphurous acid in the chambere, the reault is precisely the same. In fact, the apparatus for sulphuric acid, Fig. Hb, is calcu- lated for this mode of procedure. A mean produce of l&U cwls. is obtained in twenty-four hours, and this can be increased to 200 cwts. The production of this mass of acid is effected in five large rooms, or chtrtOtera,' made of stout sheet-lead, C, E, G, I, and M, the first of which is 13 A. wide, 20.8 ft. high, and 2-1 A. long, with a capacity of 6490 cubic feet; the second of the same length and width and 20 ft. high, 6240 cubic feet in capacity; the third, and largest is 100 ft. long, 26 ft. high, and b2 ft. wide, and its capacity is 135,200 cubic feci ; the fourth is 22 fl. wide, 25.2 A. high, and 28 feet long, with a capacity of 15,523 cubic feet; lastly, the fifth is of the same lengUi and width, and 24 A. high, having a capacity of 14,784 cubic feet; together, therefore, they hare a capacity of 178,000 cubic feet. At leaden walls of these dimensions, on account of the weight and Aexi- bility of the metal, are incapable of supporting themselves, the cham- bers are enclosed on all sides bv a scaAblding of beams, and below with a coating of boards (see l?i^. 82), so Ibat, in case of repairs being necessary, they are accessible from underneath. The joints of the ditferent sheets of lead, on account of their immense length, Ate preserved air-tight with the greatest difficulty. Common solder (an alloy of tin and lead) would soon be destroyed; although Rich, mont has recently invented a plan of connecting sheet-lead without solder, namely, with simple lead, and the use of the oxyhydrogen blow-pipe; yet this is found to require too much time, and in preter- ence the sheets are turned over each other at the margin, and covered with white-lead paint. .^ is a furnace for burning crude sulphur to sulphurous acid; twoof these are required for supplying the chamber?; their height is twelve ft., and the surface of the sole comprises 144 square feet. The double case of the furnace leaves room for cold air to pass between, which serves to regidate the heat. The draught of the furnace, a most important point, because upon it depends not only the supply of the furnace with air, but also the supply aflbrded to the chamber itself, is safely managed by a damper at the door of the furnace, and the chimney 0, with its regulator P. This latter is a horizontal cross plate, or partition, let into the dnim, with nineteen round apertures, which together are equal to the section of the chim« ney. Of these, any number can be closed by means of leaden covers introduced through the door g. From the furnace jf the gases — a mixture of sulphurous acid, nitrogen, and unchanged atmospheric air — pass through the large cast-iron tube B, which ts 4 feet wide, and enters the chamber C at the lop, through a leaden collar. The height of this aperture above the Koie of the working space of the furnace is a point of some imp Tb« ctnunliera in tealitjr (to tun tcnnd in u linfw ona hy itio Mo or Iho orhor, Imi, U economise apace, U»7 are amnsoil in pair* onu hnhiiMl iImi ntliot, namdly F ba^hinct C, and J behind Af, to ttwi die Troni onei in tbv dnwinii would in mdiiy nM tw K«a. ' Tennuit'i manuAwiny si St. Rollox, Cla«giiv, produce* jresrl/ lOO^OOO cwca. of acid ia 90 chunlM-n, ekcb of Wliicli b TO n. long, and 38,000 cubic l«e( in cufmatf. 230 SULPHURIC ACID. Pig. 83. portance, and to produce a good draught it sLould be about 30 ft. high. From the first chamber, the gnses pass on to the second £, through the short tube D, there to decompose (according to the method here ^ven as an eicample) the nitric acid which is exposed ia flat pass saucers.* It is found beneficial in practire to allow the concentrated nitric acid to flow in at interrala (about 600 lbs. in tn-enty-four hours) of about half an hour each, therefore each time li lbs. The nitric acid is caused to flow from a series of glass car- boys, connected together tn form one large reservoir, through the narrow lube o, into the vessel JV, Fig. 83, (outside the chamber,) in which the bell-shaped vessel i with ihe wide exit lube c together form a syphon. The width of a is calculated to let just 1'2 lbs. of nitric acid flow out in half an hour, and this will then stand at the level n; at this height c Alls of itself, and in a few moments empties the vessel into the tube d, from whence the airid is conveyed to the saucers, to flow off" on to the flooT of the chamber K, when it has become sufficiently weak. The sheet- lead is there protected by a layer of dilute siilphurir acid. The sul- phuric acid here formed, which contains a large proportion of nitric avid, is made to flow through the small tube u buck into the first lower chamber C, and this is done with no other object than to sub- ject the acid a second lime to the current of sulphurous acid, by which the nitric acid is decomposed. In the two flrst chambers a portion of sulphuric acid is formed, but only in a subordiuate man- ner, whilst the nitric acid is converted into nitric oxide which, mixed with the gases from the furnace, enters through F the large chamber G, the actual seat of the sulphuric acid formation, simulta- neously with aqueous vapor, and Ihe process is completed in the chambers / and M; tlie last portions of sulphurous arid being there converted inio sulphuric acid which is coudenst-d. A boiler R sup- plies a current of vapor, which by the pipe s is disseminated in the back chambers G, 1 and M. The chambers / and M receive the gases through the lubes / //and /, K, 2A feet in diameier, which are furnished with the receivers r for collecting whiitever may condense. All the sulphuric acid that is formed in the two front chambers C and /-flows from C through the tubes ^^ into the middle chamber G, which is consequently placed lower than all the rest. To keep the fluid on the floor of this chamber in constant agitation, and in more inrimale contact with the gast-s, the fluid acid from g is nllowed to fall from a height of 6 A. The walls of Ihe chamber G — as may be seen in Fig. 84, whirh shows at the samr time the motle of attaching Ihe wmHs to the sraflolding— dip into sulphuric acid on Ihe detached floor of Gf a contrivance which lends lo amplify the opernlionsr ■ Wlipn tlic nirri>> neid U tonMd in tlte tuin&ce A Imm mlt(>eite, ttj« fim diAuibrra x.'mI tJie Hiiicrr* nie luelra. SULPHURIC ACID. 231 At the most important spot i in the chamber G, the steam-pipe enters in the middle of the current of gas, that a complete intermix- ture may take place. Below the exit tube O, is a so-called refrige- rator» for instance, a vessel Q in which the escaping gases must pass over two layers of water, and deposit any residual portions of sul- phuric acid. Instead of using several chambers, connected with each other in the manner described, it has soraetimes been found preferable to separate (as in Fig. B5) one roomy and very long chamber by parti- Pig. S6. tions into a number of compartments, and in such a manner that the gases by ascending and descending are forced to mix intimately with each other. Although by this means a saving of lead for the walls is effected, yet the sulphurous acid can scarcely undergo so complete a oonversion. " Portwpatlie ff"tri would bccumc moreintimaU'li'tnixnl.il' tlif^ «rpi« nlwayisllowMl Kt vnlVT « thi; buiimit or the cfaonitwn, lor (ih«K btntpenitURi bciua much higher than tlM9 enclo««d aii) ii\ry havn a [enJsncy lo wllecl bI Uib lop. Tliia ia laore jwrbcularljr Um vat» in the appomtiu Fig. 8&. 333 SULPHURIC ACID CU1UBCR8. From thifl description, tt appears that Ihe production of sulphuric acid in these chambers may be a continuous process. This was by no nieatts the case upon the old method which was consequentljr defective. The new method was introduced in the year 1774. On the old plan, no constant current of air was supplied to the chamber, but a mixture of sulphur with twenty or more per cent, of saltpetre was burnt — originally upon a Wind of carriage, which was pushed into the chamber through a door — and steam was admitted at the same time. As soon as it was thought that the acid originally on the floor of the chamber bad absorbed the newly-formed portion* the rest- dual gas was atloweil to escape by the chimney, and the chamber again filled with air* for a fresh operation. In this manner only m much sulphuric acid could be formed as would correspond with tfaa Juantity of air (oxygen) in the chamber, and this would naturally epend upon the capacity of the latter. All the sulphurous acid produced in excess, as well as in the opposite case, a quantity of nitric oxide which had as yet taVen no part in the production of acid, was therefore lost, each time that fresh air was admitted into the chamber. Within the last few years, two Tcry important improvements have been introduced in the manufacture of sulphuric acid from suiphuroas acid, which are both alike applicable to any process wherein this latter acid has to be dealt with. The arrangement of a series of chambers is an important point, however, which we will describe before proceeding to these processes. Figs. 86 and S7 ^how the grouml plan of the arrangement adopted in one of the largest a)L-ati works in England, where the chambers 4, 2, and 3 are connected together by leaden pipes Jl A jf, and 1, 5 and 6 by B B B. The burners D are large flat ovens con- structed of iron, and a thin sheet of air is allowed to enter below the door, which is kept at a proper elevation by screws. Another ar- rangement. Fig. 88, consists of a series of chambers all of the same size, placed alongside of each other, but instead of being connected by lead pipes or liues at the end, the following plan is adopted. The chambers I, 2, 3, 4, &c., are attached together by leaden passages the full size of the chambers tbemselres, constructed in the same way as the chamber. No curtain is employed iu These chambers; and the use of this plan, to mix the ga.ses, is now generally abandoned. The first of the improvements alluded to is that patented by Mr. Bell, contdifling (Fig. 89) of the above series of chambers, to the last of which a number of coke columns are attached. A is the section and B the ground plan of this arrangement. C is the last chamber, and D D D D are the coke columns. .\t the end of the last ooloma £, a steam jet similar to that described further on, is attached, and this jet efTccts the draught through the whole range of burners, cham- bers and columns. The columns are four feet square, and the total length of coke piling may be 200 feet or more. Mr. Bell recommends 120 feet. In every other respect, this process is similar to that already 234 in practice. The advantages held out by thin plan are the perfect control of the draught under all circumstances, the increased quantity of sulphur which may be proiitably burnt in the same time in the same chamber room, and the saving of nitrate. The condensing power of the coke coiumti ts very great, and enables the manufacturer to disppnsf with chRmber room, ar increase his make, while the stream of acid which runs from the condensers, carries back to the chambers all nitrous gases which had esi-jtped. The other iniprovemenl is thai proposed and carried out by G«y»j Lus&ac, which consists in attaching three coke columns C E E iiM Figs. 8? and 91 lo a series of chambers. In Fig. 90 D represents the flat iron burner with a door iit .i for the charging of the sulphur, and another at B for the insertinii of the nitre pols, where the beat is not M high an to destroy the nitrous acid compounds, F the flue leading to the coke column C, whence the guei enter the chamber 6\ and previously ascend and descend the cnlum.<i K £, Fig. 91, before making their final escape to the chimney. The cistern A is filled with sulphuric acid of ].7u to 1.80 specific gravity. The chamber is worked with nn excess of nitrous ncicl, and a good draught. The waste leases of the chamber in passing through Uie columns K E meet wiin streams of sulphuric acid from the cistern h, which abMorb all the escaping nitrons acid ; and this acid thus charged with nitrous acid, is forced up into annlher cistern above the column C, by a pfciiliar contrivance; it then dt-sccmLs the coluniti C wbi-n the !iui\|)hurous acid of the burners completely dtnitmtt the sulphuric acid, and where, in fact, a large quantity of sulphuric acid is made. The saving of nitrate by this pUii is very great, indeed ; it has been found that as much as forly tons of sulphur can be burnt per week in these chambers wilh no larger consumpiinn of nitrate than three per cent., and an excellent produce of sulphuric acid maintained at theA same time. The followmg is the manner in which the acid is sup- plied to the cistern above the coke columns, Fig. 92.] Figr. m. 1 ABsmtrrnm or Hrrtoot oas. Tif. 90. Piff.I. 239 ^ 18 a strong leaden cistern. B is the shaft of an air-pump. C is a safety valve. Dia the pipe reaching from the bottom of (he cistern.^ to the cistern K at the top of the coke colunins. The valve C is opened and the cistern A is fillet] with the sul- phuric acid from the coocentrnting furnace pan already described, or some conveniently siluati^j rcflcrvoir. As soon as this is done, the valve is agnin closed, and the air-pump .vt in motion, whirh forces the air into the cistern at the top, and thus causes the acid to ascend up the pipe D to the cistern K. As soon as the cistern A is emptied, the valve C is ag'aio opened, and the operation repeated as often as necessary to maintain a supply of acid lo the coke columns. As the escape of vapors from a vitriol chamber should alwavs be the same, it becomes of essential tui>ortance that a perfect regularity should be obtained in the supply ot acid for absorbing the nitrous gas; this is well efTecled by the following cootrivaoce which is repre- seoled by Kig. 93. 33e JIBSORPtlOf Fig. M. Pig. »3. It is evident, that if the rtservoir which holds the acid be open, it will be impossible lo obtain a regular flow of acid, as the leiel of this will be continually varying; thus, when the reservoir is full, the weight of ai-id uould cause it to run out very quickly; but as the level descends, the acid would run more slowly ; it is, therefore, neces- fary to make use of a closed reservoir. This reservoir is GUed with nulphuric acid 62° Baurae (1.760 sp. p-.} by means of a funnel .i, the air escaping through the small tube B; near the bottom is a leaden cock (.', which must be perfectly tight, and which dips into ■ small leaden vessel D that has a small glaNS tube F at the bottom to let out the acid. The section of lliia tube must be somewhat smaller than thar of the orifice of the cock. When the reservoir is full the funnel ."J, and the tube li inusl be well closed with corks, the cock C is then opened. The acid Hows faster through the cock than it can escape through the glass lube t\ so that the acid rises in the vessel D covers the oritice of the cock, prevents the air from enleriDe, and soon stops the flow of acid on account of the partial vacuum in the upper part of the reservoir. As soon as the acid has nin out of the vcMel D Butficienliy to uncover the mouth of the cock, air enters ag»in through the cock, the ariil Hows, and the vessel fills as before. 'Ais will go on as long as there is acid in the reservoir, and the flow of ai'id through the tube F, will be almost perfectly regular as the utmost ditTercnre of level in the vessel /> is so very small. A partial vacuum being formed in the reservoir, it is necessary to sjipport its cflver; this is done by means of 5 or 6 bars of iron E,. covered with lead, resting on the bottom and soUered to the cover. THEORT OF THE PROCBSS. 237 Kow it is equally important that the acid should be distributed uni> formly over ihe whole surface of the coke. This is well effected by means of cones of pmgressire sizes, one placed above another in ihe top part of the column. These cones being all, except the middle one, tniocated, receive at the top the acid that flows on Ihe surface of every one of them, and falls in a number of circular streams that cover the whole surface of the coke. If the acid fell on the cones in a regular stream, there could not be a suihcient quantity of it (o cover all these surfaces; it is, therefore, necessary that a certain volume of acid be supplied suddenly at regular intervals. This object is ob- tained by means of the oscillator G. This oscillator consists in a tort of leaden box with a partition in the middle that divides it into two equal parts; this is supported on an axis on which it oscillates, the contrivance being so arranged, that while one side ponrs out the acid that it has received, the other receives its supply of acid, and only falls to pour it away when the calculated quantity has been sup- plied. Every time the oscillator falls, its contents run into an S pipe, and from thence into a short pipe, placed just above the taps of the cones and fitting closely on the upper one; this pipe being suddenly filled with the acid, the acid escapes, and runs along all the cones. The oscillator should deliver the acid at least twenty times per hour. For a daily consumption of one ton of sulphur, 1800 parts of acid 62° Baume {1.760 sp. gr.) will be required, and proportionately for a larger or smaller consumption. Thtory of the. Process. — The Transfer of the ox)gen of the air (o the sulphurous acid by means of nitric oxide is, however, by no means so simple a process as it appears, and as was at iirst sup- posed. Nitric oxide has a great tendency (o combine with sulphuric acid and form a sulphate of nitric oxide (NO,, 2 SO,)," which again has a strong tendency to unite with hydrat»l sulphuric acid, (pro- bably NOj, 2 SOj + SOj, HO,) so much so, that the formation of sulphate of nitric oxide is very much favored by the presence of hydraled sulphuric acid. This is the case in the chambers, where this compound is frequently found in inch thick crystaline layers — like ice on window panes — covering the wall.<>, or falling sometimes as fine snow flakes or even in more minute division as a pale cloud, for sulphurous acid and peroxide of nitrogen are immediately con- verted— hilt only in presence of aqueous vapor — into sulphate of nitric oxide. Aqueous vapor, therefore, and sulphuric acid, are essential requi- sites for the rapid forraarion of this compound. In Ihe chambers, however, sulphate of nitric oxide is not permanent — its production not being the ultimate object — it is decomposed by the current of * The AMcvitj attending Uib aiwljrsis of this eotnpouiiit »i\|ilains the want of acooni* sncc, uwl (be [lifr«rpiii vievvi or chemisi* uoijioerniiig in nauire. PrevoKnyv oniuden UtM Ihe compcNirKl mturt be viewed bi a oombiuaikpn of commoa anlifJroiu nlphuria acid with a sulpliuric and, in wtiidi 1 «quiY. of OKjftu b replaoeil by peroiid* of niuogea, imnniT »», + SO, NO^ 33S COKCENTRATION OF ACID. aqueous vapor Into hydrated mlphuric acid which dissolves, and mtrie oiidevchlch is erolvedwith efiervesceoce, and can again beconterted into peroxide of niirogen. Formerly the formation of the crystals in the chambers was con- sidered B9 something remarkable, and only of casual occurrence, until it was proved by the more recent researches of A. Rose, De la Prevostaye, Gay-Lussac, Oaullier^ and others, that the production of sulphuric acid is solely due to the decomposition of the sulphate of nitric oxide. It is not a matter of indifference what strength the acid is at 6rst allowed to assume, but it has been found desirable to draw it ofTfrom the middle chamber in which it collects when it has attained the strength of 62° B. (sp. gr. 1,558) or when it contains 54 per cent, of hydrated sutphuricacid. Stronger acid would absorb too much sul- phurous acii! ; and if it were much weaker (up to 46 per cent, hydrated sulphuric acid) it would take up too m,uch nitnc oxide. liius from every cwt. of acid from the chamber, 39 lbs. of water must be separated in order (o obtain the commerrial acid, which should contain about 93 per cent, of hydrate, {66* B.) The Concentration. — The concentrating apparntus in which this separntion is ejected consists of leaden pnns and a platinum retort. The former, Fig. 94, are erected over a fire ^, and supported by Fig. M. iron plates a a against which the flame beats ; d date incisions tbrou which the lower pans are filled. The evaporation precipitates a little sulphate of lead »nd oxide of iron (anhydrous), whilst the boiling point of the fluid attains a height, at about 65 per cent, of hydrate, which endangers the pans from the great heat, and causes a useless loss of acid by evaporation. When, therefore, about 11 per cent, of water has been evaporated, with which nitric oxide, nitric and sul- phurous acids pass off, the acid is conveyed (having a specific gravity therefore of 1.7) through the syphon x into the platinum retort, T^g, 95, the fire under which is closely approximated to the firing of the pans .^. The syphon x, which is here represented as closed, is worked without a stop-cock b^ the vessel c on filling the retort in a remarLably simple and tngetuoiut manner. When this vessel is low- ered with its spout to the gutter d, the outer limb of the syphon — 4 PLATTSm mui. X iDg th« uM of glass reswls, hare induced tli« maDufacturrre very geoeralljr — ^DOtwitlistaiidiiig the great cost — lo make use of plsitnum retorts. These are maile (nearlj all in Paris) lo contain fntin five to twenty cwts. and cost from about ^1,700 lo JE2,600; all the joiols ta the retorts are soldered with gold. During the bmling, the contents of the retort separate into comtnerctal acid and some acid water, which is conducted by the tube in the capital, and its spiral leaden continua- tion to one of the pans, where it is used to concentrate ii niiantiiy of weak acid from the rliamber. If the heat were further increa)^, the boilinp point would suddenly rise lo 326* C. (619* F.) and hy- drated sulphuric acid would distil over, which of course is not desir- able. With reference to the quantity of lead taken up by sulphuric acid in diflt-rcnt stales of concentration, experiments have lately been in- stituted b)' Anttion, which provt how very objectionable the practice must be of concentrating The acid in leaden pans beyond the pre- scribed limits. Anlhon found in acid thus concentrated and tner- wards cooled down to 6^ F. the following quantities of sulphate of lead: Acid of sp. gr. 1.724 contained ]Joth sulphate of lead M " 1.791 " g'jjth " " »* " 1.805 " i»otl>» " 340 PLATINUM CONDENSERS. The annexed vood cut (Fig. 96) shows the maoner ia which the platinum Mill is erected in the concentrating house of the vitriol works. Fif.M, The high price of platinum vessels renders it very much to the in- teresT of the manufaciurer that they should be in constant use; }'e( it is impossible to draw off so powerful an acid at that tern perai tire into the gUss carboys, in which it is sent out, and liuadrn coolers cannot be used. Herice arises the necesMly for the ptalinum syphoos. Figs. 97 r>g. SI. PftODCCC £41 sod 98, vhick at the same tine uistrei the porpoee of coolers. TV sj'pbon a & f u let into a wide tube d i, whidi is sapplied vitb a \ cuTTent of cold water tbrougli e, Tbe water, aAer becocoioe wann. flows oflfat^. The cooling is, therefore^ effected by sarrouMingthe hot acid io i e with a current of cold water passing in an opposite direction, the effect of which is rery much increased br making the longer limb ia four distinct tubes, as in Fig. 98. To fill ibe sypboa^ the cock n is stopped, and acid is poured iirsi into o, and then info (/, until it runs down into the retort through fr a. When o and i/ are now close, and n opened, the syphon comes into play. The process of concentrating sulphuric acid in a series of open leaden pans by applying the heat below, has been abandoned in most manufactories, io consequence of the great waste of tbe pans them- selves (v. p. 240}, and tbe loss nf acid, where the chambers hare been worked with an excess of sulphurous acid. Two modificMioas have been introduced with great adrantage. One of these modifica- tions consists in covering the leaden pan with a movable hood of sheet- lead, suspended from a woo<len framework, constructed in the same way as the ordinaiy- sulphuric acid chamber; and this improvement generally effects a sav- ing of lO per cent, of BCtd. The other modi* Gcation is shown io the drawing, Fig. 99, by means 01 which a larger quantity of acid is con- centrated in the same tinie» and the leaden pans protected from the serious corrosion to which they are liable underboth the other systems. This arrangement consists of a leaden pan a, built in brickwork, and enclosed in a furnace b, when the heat from the furnace c is applied from above, and pa.<tses along, wiih all the fumes, tnio the tlues d. The advantages of this latter plan arc loo obvious to require any notice. Produce. — Tn a mannfactory like that described, from 100 lbs. of satphur, 308,310, or even 320 lbs. of concentrated commercial acid. FiB- M. 242 SOLPUtJRIC ACID— IMPURITIES. acconling to the management of the process, may be obtained, of 66° B. {= 1.816 spcciric gravity), and for the production of this auantily^ from 10 to 12 lbs. of nitric acid are requisite, whilst upon le old plan the produce would not have exceeded 150 to 200 lbs. of sulphunc acid. As the commercial acid is not pure hydrate (SO,, HO), but, on account of about 7 per cent, residual water, is probably a mixture of SO^, HO, with some SO,, 2 HO, the mean produce of 310 lbs. will correspond with 288 lbs. of actual hydrate. Now as 100 lbs. of sulphur in becoming sulphuric acid, require 150 lbs. of oxygen (= 3 equivs.), and 56 lbs. {= 1 equiv.) of water, which, according to theory, would give 306 lbs. of hydrate, we see to what a high slate of perfection this branch of manufacture has arrived, when only (18 per cent, of hydrate =) 6 per cent, of sulphur have been lost in the process. The manufactory described at page 232, is capable of burning 40 tons of sulphur per week, with a produce of 3 of oil of vitriol for 1 of sulphur, and a consumption of only 3 lbs. of nitrate of soda for ereiy IDO lbs. of sulphur. To produce this tnean quantity of acid (310 lbs.) 48 cwts. of sul- phur are burned, on an average, daily, therefore, 2 cwts. per hour, which take up 2 cwts. of oxygen from 8.5 cwls. ■■ 12.500 cubic feet of air, in order to be converted into 4 cwts. = (about 2323 cubic feet) of sulphurous acid; in which case there will remain 6.5 cwls. of nitrogen from the air, = 8GC0 cubic feet. On its arrival in the chamber, the sulphurous acid requires 5650 cubic feel of air, in order, by the separation of another quantity of nitrogen (4436 cubic feet), to combine with 1 cwt. of oxygen = 1184 cubic feet, and be- come converted into sulphuric acid. From the sudden condensation of the latter, which is almost equivalent to its complete removal, the chamber, upon the old plan, was exposed to the risk of being crushed in — inasmuch as it was closed for a time. The excess of air which enters the chambers being left out of calculation, there will pass through them altogether in an hour (2322 + 8660 + 5650 =) 16532 cubic feet of the mixluiB of gases,* so that, during the lapse of twenty-four hours, ihetr contents will be changed four or five limes. The gases which escape carry with them the nitnc oxide, which is at the same time generated, about 5 or 6 lbs. in the hour [to 2 cwts. of sulphur). To regain this, at least the greater part of it, the gases, in escaping from the chamber are brought into contact with a current of strong sulphuric acid, in the form of rain, which absorbs nitric oxide with great avidity, as described at page 235. Impurity. — English comraercial oil of vitriol is not sufficiently pure for all purposes: it contains, besides hydrochloric acid (from the com- mon salt of the impure saltpetre), traces of nitrous acid, nitric acid, and particularly nitric oxid(>, which are detected by the purple color which it assumes with green vitriol. On distilling the acid, sulphate • Ai ■ MHtperanira of 0* C (39' F.) rtTHINO OIL OP riTRTOL— THE 7URWACK8. 343 of nitric oxide hting less Tolatile. is contained in the residue. The .presence of the oxides of nitrogen is objectionable to the raannfacliirer, 'or account oftheircomrounicaiingtothe acid the property of attackiag platinum. To get rid of that portion which would otherwise reach the platinum retort, -r'a to \ per cent, of sniphate of ammonia may be added before the heat is applied; (be ammonia, and the oxides of nitrogen, are then converted into water and nitrocen gas (Pclouze). Besides these impurities, there are also sulphate of lead, (which is not separated by sulphuretted hydro);en, but only by dilution,) antiytiroiis persulphate of iron (as a white deposit, which vanishes on dilution), xlenium, and arsenic (from the sulphur, or pyrites) to the acid, which is likewise frequently colored brown by straw, or cement that has fallen info it. Fuming Oil of Vitriol. — Of those sulphates which part with their acid at a red heat, without deeomposiiion of the latter into sulphurous ^acid and oxygen, the persulphate of iron is the only one that can be used in the manufacture of the fuming acid. This substance is always evolved when green vitriol, a cheap, easily obtainable salt, is heated to redness. The starting point of the manufacture is, there- fore, green vitriol, (hence the name, oil of vitriol,) or crystallized proto-sulphate of iron, (Fe O, S(_), + 7 HO,) 6 equivs. of its water bein^ driven olT, before decomposition ensues; the seventh equiv., which is more intimately combined, is only expelled when that pro- cess begins. In the vitnol manufactories, the impure vitriol obtained by evaporation of the mother liquors, which has no commercial value, is subjected to two consecutive operations, the one of which removes its water, the other its acid. TV Furnaces. — Both these operations are effected simultaneously in the same furnace, the arrangement of which, as constructed at Hcrrasdorf, is seen in profile at Fig. 100. The furnace used at Kad- nitz, in Bohemia, is represented at Fig. 101. In the gallery furnaces Fig. lOD. yLg. 101. 244 DISTILLATION. (Galecrenofen) in gfcncral, as rppreMntrd in Fig. 100, the same firing heats two rows of vessels a a. In wbicb the ilecompositton is elTected; ihese pols are walled in at the iiecli.s c c, and in such a mann<^r ihac the movable receivers b b can easily be inserted, and made tight by cement. If, on thecontrarj, the necks of the retorts a were inverted into the receivers b, the cemeut would be liable to fall into the acid. The grate d is carried throug-hout the whole length of the furnace to the chimney /; e is the ash-pit, and m the drying chamber for separat- ing the water from the vitriol, which is heaped up upon the projecting plate n. The waits c c are overlaid at lop with plates of clay h. The Bohemian furnace is not essentially diRerent from the one described, except that it is calculated for a double range of retorts, llie retorts are 1^ feet long, and 4 inches wide at the neck; the receivers are of the same length, and are I^ inch wide at the month; both rerorlsand receivers are from 5 to 6 lines thick, and composed of crucible ware. The furnaces accommodate from twelve (as in Fig. 101) to thirty iw- toris on each side, which are placed three inches apart. Process of DistillaHon. — When the retorts are charged, each with about 2 io '2^ lbs. of calcined vitriol, a flame-firc is made with dir pine wood. The liral portions that pass oH'^ consisting of very weak sulphuric acid, and much sulphurous acid, are not collected. As soon) however, as the gray, fog-like vapors of anhydrous sulphuric acid appear, the receivers are connected, each containing about an ounce of rain-water, and the distillation begins. The heat is kept up until the a>torts have been exposed for some time to a white-heat, in aU about thirty-six hours; as long, indeed, as acid passes over. When this ceases, and the receivers have become cool, they are at once re- moved, the retorts emptied, and charged anew, which is done by means of iron shovels ; the same receivers are again adapter! (without having been emptied), and the process is then repealed. The acid in the receivers is not so saturated with anhydmus sulphuric acid, as to altain the strength of commercial oil of vitriol, until this process has been repeated four limes. In this manner, 45 to 50 per cent, of the dry vitriol is obtained as acid, which is sent out in stoneware jars, with screw stoppers, covered with cement. The residue is a reddish- brown earthy mass, called Colcothttr, or Caput mortmim vUriolif and may be used as a paint. When anhydrous vitriol (FeO, SO,) is healed to redness, the prot- oxide is converted into peroxide, by taking from a portion of (he sulphuric acid, the requisite quantity of oxvgen, the former becoming reduced to sulphurous acid. For 2 FeO, SO,, or 2 Fe -^ 20 + SO, + SO, = Fe, 0„ SOj -I- SO,. Basic persulphate of iron is, therefore, formed, which, at a still higher ternp(.Tatiire, parts directly with its acid. From the great tend- ency which ]irotoxide of iron has to combine with oxygen, or to be converted into peroxide, mere exposure to the air, or sliglit roaating, is sufficient to effect this conversion, when 2 Fe O, SO^ or 2 Fc -1- 20 -t- 2 SO, + O (from the air), become Fe, O, -\|- 2 SO,, or § basic prrsulphateof iron, which at a high temperature parts with the whole I I COUHON SALT. 245 of its gnlphuric acid vitbout any formation of salphurous acid, and, "lerefore, wiibout lo$a. This is the case Id the vitriol works, where FTitrioI is employed that has become nearly entirely peroxiiiizcd by exposure to the air ; for erery portion of oxygen taken up, five por- Jioos more anhydrous acid are obtained. Tbe chambers m, therefore, les separating the water from tbe vitriol, roast it alw to a certain teat. The amount of produce proves what is here stated ; for whilst irotosulphate of iron ought to produce 30.3 per ctni., and the persalt 63.3 per cent, of dry acid, 50 per cent, of oil of vitriol is obtained, vbicb is equivalent to much more than 30.6 per cent, of anhydrous acid. Since English sulphuric acid has become so cheap, manufacturers in (jcrmany have begun to use it in tbe vitriol works, either for dis- solving colcothar, [to form persulphate of iron,] which is then decom- posed in tbe manner described, or for replacing the water in tbe Meceivers. In the latter case, the product is of course contaminated 'Vith all the impurities of the English acid. Fuming oil of vitriol is an oily, brownish fluid of 1.9 specific ivity. Its chief constituent is the hydrate 2 SO,, HO; in the reaker acid this is mixed with the simple hydrate SO,, HO, in the tronger it contains anhydrous sulphuric acid SO, in solution, lite itter substance is so volatile, that it escapes even at ordinary tern- peratures from the oil of vitriol, and uniting with the moisture of the atmosphere, is condensed in the form of a visible cloud to SO^, HO. Hence the fuming. Together with selenium, and earthy particles, sulphurous acid is never missing amongst the impurities, ami is only gradually evolved on dilution, destroying, for instance, the spongy platinum in the platinum lamp, when fuming acid is ua«i to supply it. COMMOH SALT. — SCA-SALT. OcCTinrence. — Sea-salt, or culinary salt, (chloride of sodium NaCI,^ is not an artificial product, but is found even lavishly prepared anu stored up in the earth by nature. Nevertheless, the manner in which it is obtained is interesting, and the more so, as it is tbe source of the most important compoands of soda. As a rock — rock-salt — for so it is called by mineralogists — forms a distinct member in the series of stratified rocks, occurring with limestone, clay, chalk, gypsum, marl, stink-itone, slate, and not unfrcquently with bituminous formations. The great deposit of salt which extends from Upper Austria through SU'ria, Salzbui^, and Berchtesgaiien, as well as that of Wimpfen, m Wurtemberg, are the most extensive and productive In Germany.* From the section of tbe latter, Fig. 102, it will be seen how the gypsum is enclosed by a deep layer of shell-timestone, containing the rock-salt as a separate mass. It is highly probable that the rock-salt * Tike ehier (kfiQiJt of rook-««Jl in En^aod U at Nonhwitb. in Oi»liii«. wlicn (b« naiiHral oonin in two bedi, ons «bon ifa* oibw. and Kpvaied by tklMai 30 Tmi of timj •Dd nuul, inieneeied wtifa teata o( radt-njL Tbe two bedi tosetbct mn oM I«m ibui 00 fcet ihiok, noA pnteblf oxwnd 1} qtilei, wtd an 130O janlt bnad. •246 «ALT FRUU SBA-WATBa. in Ihis* and similar basins, has been deposited from saline lakes, and (his explains why it should occur in more defined and rounded masses. Fig. ll». as compared with the enormous extent of the other members of the same formation. In the hig^h laDds of Asia» and Africa, nod America, there are often extensive wastes, the soil of which is covered and impregnated with salt, without having ever been co- vered by other deposits. Salt lakes themselves are not uncommon, and occur on the banks of the Wolga, in South Africa, in England, in the neighborhood of the Caspian Sea, and west of the Roi:lcy Moun- tains, in Amerira. In the water of one of these lakes near >Syrophe> TOpol, in the Crimea, Gobel found 16. 12 per cent, chloride of sodium, 2.444 sulphate of soda, 7.55 chloride of magnesium, 0.276 chloride of calcium, and 0.7453 sulphate of potash. The simultaneous occurrence of soluble sulphates, or other chlorides, as well as the correspoDding compounds of bromine and iodine, which has everywhere been ob- serred, is of equal importance as regards the history of its origin, as also of the mode of obtaining sea-salt. Lastly, the water of the ocean — which, from the geological processes concurring in its formic tioD, is necessarily a solution of salt — contains chloride of sodium as its chief saline ingredient. On account of the unequal amount of evaporation, however, the water of the sea has not always the same composition ; thus there has been found in 1000 parts: CUorida of HKlinm ' musmvium . " pouumum • SulplntB of lime " niapi«Ma ■■ BOdS Carbonate oT timo uu) mt^pttdm Total amount of wits Clemm. (N. Sea). 34.84 3.43 1.35 ijao 31.87 Huv«L a 6.66 5.13 4M 39.30 330)0 3.30 0.10 0.98 0:10 SV.TSg to which must be added 6.2 toI. per cent, of carbonic acid, traces of proto-carbonale of iron and manganese, phosphate of lime, silica, bromides and iodides of the melals, some organic matter, and am* nonia. Production of Salt from Sea-UKiter. — It is seldom that artificial evaporation is had recourse to for separating the salt from sea-water; SALT PROM SEA-WATER. 247 it » practised, the same mode is adopted as will be described hereafter with reference lo the brine springs ; sometimes, as in Siberia, frost is made subservient to this object — for salt water separates on freezing, into ice (coataining no salt], and a stronE saline lye; but generally evaporation is effected by ihe air and sun in the "salt rdtns," Fig. 103, which are laid out upon a clay soil on the sea- coasts of southern climates, and being secured from the influence of the tides, are cultivated during the summer months, from about March to September. These salt gardens are nothing more than a series of very shallow ponds, intendea to spread the water over a very large surface with hardly any depth of liquid, so that by increasing as much possible the evaporating surface, the drying action of the air may more fully eicerted, ami salt may be deposited in ihe hindermost pools, whilst the foremost ones are constantly supplied with fresh sea- water. Advantage is taken of the flow of the tide to fill the collecting pond ^, through the flood gate a, to the height of from 2 to 6 feet, in rhich the evaporation begins, hut the principal object of this firM ^pond is, to allow the water to deposit its mud. The pipe h then carries the clear water from the collecting pond (o the perfectly bori- Fig, 103, zontal but very shallow front pool c, e, c, from whence, by means of B second pipe (f, it is circulated through a channel e, e, 16000 feet -k>ng, from this it enters the ponds/,y,y, and lastly runs throngfa the ivpeD channel ^ to a third series of ponds A, A, h. At this point, the ■ evaporation has proceeded so far that the salts begin to crystallize in ' Ae hindermost reservoirs o, o, o, of which there are four rows. From the reservoirs A, A, numerous channels i, i, branch out, which supply the crystallizing ponds o, o. The manner in which the water arrive-s J SMS SALT FROM ROCK-SALT. in these through the glitters in the sides, is clearly shown ia _ dravcia^. The saline incrustation with which the surface of o, o, o, becomes gradually covered, is broken up and collected with rakea into smalt heaps r, r, r, on the sides, and from these the mother liquor runs off into the ponds, o, o, and h, H. W' ben no more salt separates by cr}'Slal]ization,ihe lye is allowed to run off through x into the sea. The salt as at first collected, would cxintaiii too much impurity, chiefly consistingof chloride of magnesium, the smaller heaps r, r, are, there- fore, made up into larger square (m, m), or round heaps (n, n), which are allowed to remain for a time covered with straw. The rain is thus kept off, and the moisture of the atmosphere suffices to liquefy the chloride of magnesium, which is thui gradually separated irad^ the saline mass. ^^\| Although the entire surface of the ponds amounts together to many hundred acres, yet lie process depends so entirely upon the sun and wind, that in wet weather the evaporation sometimes entirely ceases. The following analyses of sea-salt show the nature and amount of impurities. ■Si ■SE •5 tt . 1 Lootliif. •1 St U cl li 1 S II? §12- v4 SUt from Su Vhet In Pot- UlgBl, I. Sort . SA.19 IM ^ 0.M 3 43 -_ IL • . . . 8«.ltf ■OJiO — 0.81 3.60 o.io m. "... eao9 7JJ7 — 3.57 8.36 a-iu 'Bnlliii Salt Trom Figuvm* , BU4 3.M 0.70 0.33 4.3 ^ " Ejmingum 03.70 3M LIU 1.30 _. o.ao ' 1 ■■ ■ (cat 1 .Hwiiy. •Bit) ... . M.80 OSO 0.&0 0.10 ^~ o.to , » Rock-salt. — Tlie mode in which salt is obtained from the deposit.^ of rock-salt depends very much upon the locality, upon the depth of the deposit, the price of fuel, the rate of wages, &c. &.c. In some places, it is a mining operation, and is carrteifon by means of shaOs and horizontal galkries, as at Wieliczka in Galicia (where the layer is 500 mites long, 20 miles broad, and 1200 feet deep), near Liver- pool, in Kngland, and in other places. It depends upon the degree of purity of the rock-salt, whether it can at once be brought into the market, or roust first be purified by solution and recrystallization. Near Liverpool, for instance, it is obtained as clear as glass and co- lorless; in general, however, it varies throughout the mass, is often colored red, either from clay or bitumen, and particularly from the same kind of infusoria, which are still jbum) inhabiting salt-lakes. Rose has also observed a particular kind of carbo-hydrogen C, H, in^ the rock-salt of A^'ieliczka, which is enclosed in a high state of coajH densation, and is evolved on dissolving the salt with a peculiar crack- ling sound. Henry fo\ind in the rock-salt from Chester 98.3 per XATTiAX Btm vnxs. » rMH iBtW pipo. vUtf betvTca tkcw aad At of dw bore froA wwti i»«s dowm. TVu « wide cavitr is gnduUjlcftiBihrbfdtf amiavhiaftciAwMcrwda solvte of Mb H« cwiMMd. Kim, M i cdhic fc«qf tW iJti^ttd wIUmk ^rosW Uj8 b. MR dM Ike SMC tcImm af faik ntar. tW btiv win dieflf "CPT ^ Hf&u flftW And w the canty. IW pviup must, dwrefcce. wofk fnm the htMom of tW canty, ud fte mctioa pipe be suficieoUj deep far tbat pvjpose. TW Talrrs, hovei'cr, Bay be pbeed om^ U^mt vp, beauae dte Ands oti tbe iaaide uji oiAaide vil Whace CKb other, and tbe aololiM af lak anil be m macfa below ^ lerd of tbe water aa in apedfie gwnqr b greater.* At 1900 feet depth of bore, for tDstaace, tbe aalwatcd aobMitMi of aah win of itadf sUad at 1000 lert, and the pump vUl oalj bare to niaeh 200 feet. ^'atMroi Brimt Writs. — Sak wells, which maT thus be aitt&cbdly eonatmcted, an abo tafaentlj CmbmI ready farmnl in oaturr, wbererer a sprioxt danaig its OMiae, baa cone in contact with a bed of rock- salt. It is rare, bowercr, thai tbcae are so highlv saturated as the artificial springs, ahhoogh this is actaally the case with that of Lune« burg, which coDlains 25 per cent.; Iwt ihey are geueralty ttry sU^tly impregnated, or hare become weafceaed by an after a^iitoD of fresh water. This difference in tbe strength, and many other rir- cumstances attending tbe occurrence of salt, will be seen from the ibUowing tabular view : * SpadAe gnmr of ih« Mumcd talmian w tJMMS. lOO p»tti of miuMmI aoMiga^ Ai 1« SA.S3 CUatUt vt ndiam an<atdM« » Unsv, "^tT.iimii, — IT* WM ■ •* Oh-Lmmo. »]ajto.7ft < - KuMMk — 2S» 8U0 " <• KnpP- — 100" aS^ ' •• rng«r. Qtf-lMmo. And St trrerj Un)p«nm« 27j00 "^ " Fid^ 350 CON8TITDENT8 OP THE BR!l?E-80RIf»CS. Brine «prin8>> Snit (ditorUle or KMlitim) Clllocbtle of pot»i«ium ' magnnium < " cslcium " tkcnmoniuin . " liltuum Bromide of mivneeiiini . ' ■odium luOide of tnociMiuum Sulpbab! at potuh " lime •• •oda . C^booate of limn ** mn^e«ia . " protox. iroD , Kxla . ■* msDK&DeM . Phcwpbaie o( &li»ntiui . A Imtiia* Silfam .... Cronle and Kpocrenio •oid .... Ors&nie numer Ckrbaiiti* ai:iA ^ 0.UU7 0.014 0.339 0.349 0.0 la i).oa« LI.001 LJ.OOI OMtta 0,0« 1^ 0.1«6 3.S3!) 0.004 trace 0JD38 D.0S3 a.ao3 limM mce ojssoasis 0.208 OXtOiOJJOi OjOSO 0.010 uuce OjOfrl Inoa 0.012 0.013 0J)I7 0JOO4 O.lSSlO.005 ojoa4 CMS U.IM [).U0( trace &.007 0.162 J. I I.47S 0,037 imce ttaee O.OLI 1^15 0jO23 rUQl inec tnra a 126 0JM3 0.OU OMi aoo4 Ojooii 0.005 0.004 aijii J oj)43 aeas 0.009 0.090 trace O.ISS D.033 3.00003' 0.080 aaaa 0.036 0J)67 0.001 aois trace trace traee Oj013 0.001 trace iraw Oi«7 traO* 4 vol. 10 naoa (fJO&t 0.008 — OjOOS MM OMt ConstUu^nis of the Brine. — With the exception of Nos. 6 and 10, all the brine spnags meDlioned in the foregoing table are boiled down for obtaining salt. The impossibility, from the lowness of lis priee, and cost of carriage, of conveying salt to a distance, and the dinerent advantages of locality, sufficientJy explain, why in some places very weak brine, and in others brine containing 10 tiroes as much salt, may both be worked with advantage. Thus, for instance, the salt- works at Salzhausen can only be carried nn in consequence of fuel being obtained without cost ; the refuse of the brown coal works upon the same spot t>upplying a source of heat. Borings. — It is sometimes [wssible, by a suitable arrangement of the borings, to bring the brine to the surface by means of natural hydrostatic pres-sure (Artesian). The raising is then efl'ected without the use of machines, and without diluting the brine with fresh water. Borings are also frequently made for the puq»e»se of obtaining the bnne nearer to its source, as at Rodenberg, in the principality of Schaumberg, where a very weak spring (0.6 per cent.) wa« obtained at an 8.5 limes greater state of saturation (5.1 per cent.) by means of a boring. The new salt-work at Prussian Minden is pcruliarly adapted to give an idea of the importance of such undertakiuss. The new bonng there, is 4\| inches in diameter, and was begun in BORING POR SALT GRADUATION. 261 tlie lias, and had attained in May, 1843, a depth of 2&15 feet under the surface, and 2105 feet under the leve] of the sea, hariiig passed Ihmagh the new red sandstone formation, and arrived still uoBnished at the Muschelkalk. 84 cubic feet of brine coDtaioing 4 per cent., issue from it per minute; therefore, 567,670 cwts. of salt in a year; the shafl at Schunebeck a^urds in the same time from 20 (o 25; the spring at Artem, 211 cubic feet of brine- Pig. 1&4. The Graduation. — The greater number of brine springs are far loo dilute, with the present price of salt, to repay the cost of evaporation by means of fuel. At .Sal/hatisen^ for instance, the production of I cwt. of salt presupposes the evaporation of 339 cubic feet of brine ; at Schonebeck the annual produce of 575000 c^vt. of salt is obtained by the eraporatioa of 19 mill, cubic feet of water. In all the brine springs, therefore, which are far removed from a state of saturation, the greater portion of the water is removed by evaporation in the air, ' graduation," the smaller portion by " boilinp." The graduation house is intended to distribute the brioe in the 252 GRADUATION. font) of rain, and expose it to the air in this state, whilst the action of the latter is inrreased by stopping and retarding the single drops as they fall. The brine is caused to fall from the trough or cistern Jt^ Fig. 101, info the tank K; the retardation is effected by means of a wall of twigs or thorns /., L, and its distribution in the form of rain by means of a series of perforated tubes and plugs [Gcschwtndstellung), Fig. 10&. Fig. 106. The motive power raises the brine into a large reservoir, generally placed in a tower, whence it must be enabled to flow freely into the troughs .4, OS it is wanted. By means of the horizontal pipes C, C, C, the bnne is conducted in a Ifatn stream to the dropping channel B B, which extends throughout the whole length of the eraduation, and from thence it falls drop by drop upon the wall of twigs L L. This structure is composed of fagots of black-lliorn, placed between the latbwork / /, in a horizontal even manner. The protecting board II prevents the wind, which must pass through the thorns, from giving a wrong direction to the drops which are constantly falling on the outer side. That the air may exert its full influence, (he whole struc- ture for graduation is erected in an airy situatioa, and in a direction at right angles to that of the prevailing wind. It is obvious that this arrangement must expose the extended twf act oiiht brine fora/wyer time to a constant current of air. If the wind changes, and threatens to carry the brine away from the wall and over the structure, the gra. duation must he reversed to the opposite surface of the wall of thorns. GRADUATIOS. 253 Pig. 106. is done by a simple inovemenlof the lever E: for which pur- pose K is attaehfw lo the wooden rtid F F, supporting the boxes G G. The lever brings ihe wootlen rod forward, and wiih it the boxes G are moreti into a position just under the hoHzontal pipes^ so that their narrow lips at the bark project over the cross channels //"//. Thus the brine is intercepted aboi'e the channels Ji, and carried to (he other side, and opposite surface of tlie thorns, by a channel precisely similar to B. That the whole arrangement of spigots, channels, &c., may be easily managed, planks for walk iog are laid on both sides of ^, and these are furnished with a railing. The erection for grathialiciii here described, as i1 is practi)pd in Salz- hausen, is known as the "ow- tealied" graduation house, and is used in small works where build- ing material is scarce. The walls of thorns are, however, frequently made in pairs. Fig. ]06, and some- times the outer surfaces m m only are used — "furface graduation;''^ at others, the inner surfaces n nare employed at the same (ime — '^cubic graduation.^ This latter practice does not quite double the effect, but (from observations made at Diirrenberg) It increases it in the ratio of 5 : 8 or 9. Jn each of these operations the brine must be allowed to fall 3, 4, 6, or even 8 tiroes through the thorns. For this reason, the graduation houses are partitioned into several compart- ments, the foremost of which serves for the first, the second for the next fall, and so on. At Schonebeck, the cfTcciivc thorn surface com- prises .390,000 .iquare feet, and evaporates, on an average, during the day 3.7 cubic feet of water from each square ffwt ; therefore, in the year (= 208 working days) the whole evaporates above 44 miUions of hogsheads, of 63 gallons each. According to an oui-fashioned plan, the graduation was effected by distributing the brine over flat, inclined wooden surfaces, {" Prtts- cA«i,') or over ropes stretched backwards and forwards for n length of several 10,000 feet. The thorn walls, introduced into Saxony from Loinbardy, in the year 1559, have in Germany superseded every other plan. 11 is easily undersiorxl that graduation proceeds best with a moderately warm wind and sunshine, that a moist, calm atmo- sphere is less favorable to it, and that in miny weather it is altogether * Tliii% Tni trmnnm. ot Mnulirr. in France, whcra nit i* crjritiiltced duilng llir -whole luintnrr withoni naj rraporaiion bjr lin>, (olelf \ij grailnaiion, ilie bot biinn is cqiimO io imM Iro ur won time* oTct ihvio ropot. » BRIKE. Slopped, whilst the wind, when it acquires a certain force, rs liable To carr}' the brine entirely away from the brine cistern. Krost is iilso prejudicial; for Berzelius obserred, that below — 3° (27° F.) sulphate of magnesia, with a portion of chloride of sodium, became converted into chloride of magnesium, and Glaubera'-saJt — SO, MgO + CI Na = CI Mg + SOj, Na O — and that this ilecom posit ion is not reveraed when the weather becomes warmer. Salt is, therefore, not only lost in this manner, but Ihe quantity of chloride of magnesium is increased, which is detrimental to the boiling process. Graduation is, conse- quently, limited to the more propitious time of the year, and can then only be practised during 200 to 260 days; and the quantity of brine allowed to flow over the thorns must be proportioned to the power of the wind. Nevertheless, a considerable loss is unavoidable during the graduation, (12.4 per cent, at Schoneheck), which is partly occa- sioned by small drops being blown away, and partly from salt era- poraling with the water, which is probable, judging from similar observations made with boracJc acia. At Nanheim, a glass plate, removed to a distance of 600 feet from the building, and placetl upon ft high pole, was found covered, after some time, wiih a thin inrmsti- lion of salt. The changes which the brine undergoes in passing through the thorns are rarious. The carbonates ofihe earths are dissolved in Ihe brine as bicarbonales ; all tbe free carbonic acid, and the half of that rombineil with ihft earths, esrapex, partly in pasMtng through the pumps, and Mill more during graduation; and the earths arc dcpo> sited as insoluble simple carbonates, whilst the greater portion of the gypsum crystalizes in consequence of the diminisb»J amount of water.* In consequence of these depositions, the thorns become gradually covered with a thick coating (tkam stone), consisting of carbonates of lime, magnesia, manganese, and protoxide of iron, with traces of metallic chlorides in variable proportions, which, inasmuch as it at last fills up the interstices, and stops the draught of air, ren- ders it necessary to renew the thorn wall every 5, 6, or 8 years. In the brine cisterns, precipitates of like composition fall as a fine mud, sometimes accompanied by a grayish, thick, scum-like mass, filled with bubbles, which is nearly entirely composed of living infusoria evolving large quantities of pure oxygen. The principal change which takes place in the brine, is naturally the progressive evapora- tion of the water; and the manner in which this progresses, allhou^ variable on account of locality, and the weather, may be seen from tbe following general view of the graduation at Diirrenberg. I r«bic Tool of brio* oommlns \|« (ka bavlnninf . XS TIm. u)i AAtr Ae Ant (cradoBiuii U " " ■* Momil - SA ~ " - Oiinl - H.0 ■■ - ID01!», at tail nF« III »<3 «ub- ti. i>r wQMr - 947 •■ - - ]« - - For cTrry 100 IhL of islt uc ibcralbrc (vaiKiiMcid is ih« Grd riA^Mttaa VU •. I ■' third " 33 ' Whilst, therefore, the evaporation diminishes, ihe loss in gradua- * Grpsnin, BcooniiDg to B«>rtlurr, i« mm kIuUs In a brine of ({)«ci(U) gmviif 1 .0?3.\| uwl ia, ikanlbn^ am HefimxtA ai flnt lV«n very weak brine. 23 «f fcd. peri r>»>-. 1&.«7. flJt l«Ja TV «-r Ml Ac wc Rtidem) indeperxleDt of the irrtgulsr pmgress of gnduatton. Tlinr mode of construction will be se«n in Fig, 107, which is * perpeo- dicaiar section, and Fig. 108, wliich is the hoHzonlal cross teclion kt the he^ifht of the bottom of the pan. Th« pan ^i i-i a flnt, ft>ur-sitJ«l vessel, of Bheet-iroo, with a flat bottom, somewhat decpennl townMs the middle, aud several farboms in length and breadth. Somr an* above 60 feet in length and half that width, others 20 feet square. The bottom of the pan is supported by the small pillars a a a, and the pieces C C C, which are built upon the foutiilation A, ami Ibm at the same time the flues c c c. The middle wnll J divides the p«a into two halves, each of which ham Its own ^rate, so that the jiim is heated bj two separate fires. The fluex are calculated to ilisseminate the flame as uniformly as possible, which passes out behind at « lo the drying chambers, winch it heats, andtheo escapes by the chimney. This kind of tiring; is called a "circuUituig htwth;" another ktud, in 256 SALT PANS— sen LOTACX. which the 611PS proceed in a radiating mannprfrom the grate, is 1 a * radiattjig hearth." It is essential to rapid evaporation, that called there Fig. 108. m — .Hi.j, iiKiii, w ^ .f "^S should he a free circulation of air above the surface of the fluid. This is effected by a roof-shaped hootl of boards C G, Fig. 107 ; tketttam or tfa/)or/runA,M'hicb,bangingfrom above, opens intotbe roof of the cham- ber, where (at //) jl is Konnecled with the vapor chimney / /. The lowermargin with which the steam trrinV appears to rest upon ibe pan, is only a series of wooden &hullcrs L L L, which can be turned back as occasion may require, in the manner represented on the right hand in Fig. 107. The external air thus passes in a constant current over the surface of the lluid^ and becomes saturated with aqiieuus vapor, which is carried off in the form of a visible cloud through f, where it partly condenses and collects. This liquid which collects, has been found by experience lo contain, particularly during the boiling of the brine, about 1 per cent, of salt. To preserve this, and to prevent its running back into the pan, conducting lubes leading to a tank are fixed at //. The process of boiling consists of two distinct operations; it begins with the further purificHiion anil evaporation of the biine up to the point of saluralion — \]\e scfilotagc ; and finishes w'ith the crystaliza- tion of the sail — the soccage. Tfie Scfitotage. — When the pans have been rather more than half filled (uji to n n. Fig. 107) with clear brine from the reservoir, in which a deposit is also formed, the brine is brought rapidly into a state of violent ebullition, and tlie evaporated portion is replaced from llme to time by fresh brine. The sunace soon becomes covered with adirty SOCCAGE OF SALT. 257 » brown scum, consisting of decomposed crenic and apocrenic adds, ijli^ a bituminotis matter,* whirh, with the salts prpcjpitnted at the &ine time, collects into a thick mud, aod is partially removed by means of rakes; but some attaches itself to the bottom of the pans (the teale). After 12 or 15 boilings, it increases often 1o the thick- ness of an inch, and must then be brokRii up with chisels. The salts are chiefty ffypsum and sulphatt! of soda, probably in ccmhinalion forming an insoluble double salt, which encloses a considerable (juan- titv of chloride of sodium, and small portions of other metallic chlo- rides; as vrill be seen by the following analyses: ^^^^ CotMUOfl Mild from MouciBT. Pnnffons or tct». {[inning. h) Uu) ■Didill. at tlio M<mtiot. fc Roden- Gjrjtauiti . . • , Commoo ntt Suliitinie of u>tifpi«»n . 2H.(> 24.5 47.3 41.1 HA e,2 10.1 35.7 M.3 1 1.8 20,fl 63.4 3.3 0.8 J 34.7 7.0 ST.ll 0.3 Bulkier. Pfaank. Both these depositions arc, therefore, a new and increasing; source of k»ss during the boiling. In the meantime, the solution of salt be- comes more concentrafea, by the constant evaporation and renewal of the brine, until at last it crystalizes. Imagine a pan containing 1600 cubic feet of brine (therefore, 176 cwts. of salt), to be refilled as often as ^tb is evaporated, after the first addition there will be 176 ■f . — - =: 221 lbs. of salt in the pan, after the second addition 176 + 2 = 2SG lbs., and so on. When, therefore, at the expiration 4 of 20 or 24 hours, a scum of crystals begins to form over the surface, the fire is lessened, until the temperature of the brine falls to 90° (194° F.), or 75° (167" F.), when with slow evaporation the soccagt begins and lasts for several days. l%e Soecage. — During this time the surface is interspersed with small floating crystals which gradually grow into the weU-known 4 sided funnels, and soon sink to the bottom when agitated by the vapor in making its escape. When the pan is kept at a high temperature, the crystals have no time for growing, and salt of a liner grain falls to the bottom; at the lowest possible temperature they remain floating a longer time, and produce salt of coarse grain. In the former case, the process is rapid, in the latter more slow. The process, however, or the temperature of the soccage is not entirely at the command of the workman, because the chloride of magnesium is always a source * SooMUiam roentionetl ai orgtnic matiei in tlte analTKS. 25S CONSTITUKKTS OF COMMON 6aLT. of obstruction when Htlle or no siilpliatc of soda is present. Both salts mutually decompose each athf^r in ihp pan, giving rise to chloride of sodium and sulphate of magnesia (CI Mg + So, NaO = CI Na 4- SO, Mg O). This has been observed in an interestine manner with the brine from liodeiibcrg. The moie concentrated brme vhicb con- tained chloride of magnesium but no Glauber's salt (see Analyses 3), became constanlly covered a]I over its surface, at the ordinary tem- perature of iioceage, with a continuous scum of salt, which could not be permeated or broken up by the vapors, and when removed was immediately refonued and entirely prevented evaporation. Thus no coarse-grained salt could be produced as it is required in commerce: the evil could only be remedied by reducing the temperature, which of course was attended by loss of lime. An effective remedy was accidentally found for this evil, by mixing the weaker brine (in which there is uc chloride of magnesium, but Glauber's sah) with the former, which is no doubt explained by the chloride of magnesium and sul- phate of soda being mutually decomposed in the mixture into chloride of sodium and sulphate of magnesia. The result was the same when sulphate nf soda was added at once wilhoLt diluting the brine by the addition of so munh unnecessary water. During Sunday, when all work is slopped, the crystals may be seen growing large at the bottom {SuTidai/ mlt)t for the salt not being quite so soluble in the cold, a portion is forced lo crystallize, as soon as the temperature is lowered, and this attaches itself to the otber cr}'stals already in the pan. It is evident, that the purity of the salt must diminish gradually towards the end of the process of soccage; thus BerUiier found in the salt of Moutier: % SkIl Chlorido of magne- sium. Gyptiim. SulphMf kilt. Sutphau of Xxls. At the l)«gmiunB In ili« middle . . Towaid* die and . Q4.64 93.S9 85.5 0.01 1.SQ 3.80 For this reason the soccage must be stopped before all the salt is deposited. During llie whole process, the salt is raked up from the bottom with long rakw to the edge of the pan, and placed either in wicker baskets of peeled willow, or heaped upon the boards which are thrown back for the purpose, when in both cases the brine runs back to the pan. The moist salt, either in the same baskets or spread out upon hurdles, is then placed in the drying chamber as long as it Xquvs moisture, when it is packed up for sate. A general view of the nature of the brine, and the mode of procedure in the salt works, does not lead us to expect pure chloride of sodium, and this is con- firmed by the analyses. There has been found, for exaiapic, in stl'- from: MOTIIBR-LiqUnR FROM SALT PAHS. 359 Chbride cif imlium Clilofiilr nf magneiiuin . Chloiiilc nf irnli-iuni StiIphniF of K>la . SnlptoiBoJ' msgnuia . Gjpnun 0.3 3.12 90.45 1.10 91JS7 a.is 9S.07 0.18 o.7.^ OAi} 91.17 0.S9 300 o.as Of all these sails, clilonde of magueaiuni is that which has the greatest influence upon the fjualily of ihe produce, both pn account of its (leliquesceDce in the air and its highly saline taste. For, whilst pure chloride of sodium never attracts moisture from the air, it is vreW known how rapidly ordinary suit becomes wut in damp weather; this is still more evident when the salt htis to be removed to a distance, and is proportionately more rapid when it contains a large quantity of chloride of magnesium. On the other hand, such salt is not unire- qaently preferred in the kitchen to the purer kinds, as less of it is necessary for salting^, Berihier is the discoverer of a very ingenious method of getting n'd of the chloride of magnesium during ihe soccage; slaked lime is to be added to the brine in the pan, imlil the whole of the chloride of magnesium is decomposed (CI, Mg + Ca 0 = CI, Ca -f Mg O) ; on being evaporated further, the chloride of calcium formed is de- composed with sniphate of soda into chloride of sodium and gj'psum (Ca CI + NaO, SO, =. Na CI + CaO, SO,). Of course the presence of a quantity of sulphate of soda equivalent to the chloride of magne- sium is here essentially necessary. The requisite quantity of brine for each process of soccage, leaves, when the process is fmished, a very impure solution of salt whic^, however, is not so had as to be at once rejected. A second, and sometimes even a third rhorce may be boiled down before the residue — mother lirpior — is removpa, which is either used to produce an in- ferior kind of salt, or for other purposes. The following table shows the nature of the mother liquor. AiiKlyvL I'fitnnkiii^h. Bortliin . Bnndcs . III die iiiotbei lifjU&r or Mtrtiiici . . ) UnriA in ) Wcslpb&lin. 'ABS 21.78 18.33 4.85 7.ti» 8.»6 2J^9 1.0S Cj 20.80 7.45 3.21 y-14 u.n 9.S0 i)jO& 1. 1 0.100 0.10 70J0 04.65 73:93 S&.91 In cases where the brine contains iodides and bromides, these, from their high degree of solubility, will be found in the mothut Ut^^w., 260 SALT SPRINGS IN THE UNITED STATES. antif as in Kreuznat.-}], UDna^ and Salzhausen, vrill communicate mtriJicinal projierties to it, which are particularly applicable to the cure of scrofulous iliseases. The quantity of sulphate of soda can be increased by freezing the liquor, and then obtaining it from this, as from the scale by cr^stalizatbn. By evaporating the residual liquor, sulphate of potash may be separated, and lastly the chloride of magnesium is converted by tlie addition of sulphate of soda and heating to 50° (122° F.) into Epsom salts. Both Kpsom and Glau- ber's salt are extensiri-ly used in rapdicinc. [Salt Hj/rings in the United States. — The following are, according' to the report of Dr. L. C. Beck, the proportions of brine required to produce a bushel of salt at the several salines hitherto explored in the United States, including also one in Canada. The most celebral«d localities for the manufacture of salt from brine springs in this coun- try are those on the Conemaugh, in western PemiM'lvauia, on the Kenhawa in western Virginia, and in Onondaga imil Cayuga counties in New York. The salt manufactured in New York Slate in 1841 was 3,134,317 bushels; in 1826 it had been only 827,508 bushels. Hence it increased nearly 300 per cent, in fifteen years. Tablt Voicing ihr numbtr af gallofu i>f lob u<attT prodiuitg a tvthtl of talt in difftrtHt pttrti of [fu t/ttiMf Suta. k U Nanliicb^l nea wnier . '.I!iti Boun'«lkk, -Mwiuuri 4&0 ConomtiuHL, Ptftiiitytvitnia . 300 Shawneotnwn, UUnois . . 'iW Jnckton. Ohiv . . . 213 Louklinri,MiMiMip\|>i IHCf iibnvrnnclowi), Vd ^IJne, . I'J.'I SLCatharinr, Ufpar CviitiJa 120 ZuMMTillr', Obtu . . . »3 Kenluiwn, Vit^niiu 75 Grand Rivor, AtliBtiMU Ulllioi* RlTBf, do. MoiiictiuuiiL, N. y., uUl well* Grand Rupids, MicUigui Mutkingum.Oliio . Moi)b->:i)mn, N. Y. (new vrrU) Onumlnan, N. Y.(Didwi:IU) OiiundnKn, N. Y. (dow well(,S]rfB- cu«,J 30M4« Tablt t/taicing lilt mmpatilian of roriouj brina from Onondaga und Cafuga Comttut, Ktm i'ork,in JOoOjwrW. a a i t e s — J. 5 S ^ "3 ^ tn a l-S » » € n e G > B 0 » I ^ s — 5 o '<2 'A If 5 =:0 i 2: Cvbomic autil. (koa 0.07 0.00 0.07 ' 0.08 Ositlc of iiaa, sitica.and . tacie of c»rb. of linke, 0.04 0.0^ 0.ftl 003 0.04 J CafbOKBie of lime, O.IO 0.14 0.17 0.13 ■8.50 0.18 OM ^ Sulpbaie of line, 4.03 .\09 4.7-i 4.04 &36 4.31 ■ Cbluride i( tDBgnniiuRli 0.19 0.4a 0.51 0.77 1.00 0.30 ^ diloridi- pf calcium, 2.03 0.83 IM 1.73 1.40 1.53 n Chloride of Mdium, _j pure tall, 130.06 132J1' 1 40.02 U2.SS 1 73.50 93.35 73.7? a Wnur noi uact of v tuftate mtMtr, 661,39 860.40 853.41 850 3» SI8.00 B98.7S (130.12 87057 Total solid io JOOOgn, 13«.&3 130.53 1M.90 140l54 IfJ.OO 101 .30 7».8« iao.33J NATIVE SODA. 261 SODA. Many of the arts whose province it is to supply the most itnport- aot demands of society, are subservient to the use u-hich is made of soda^ an alkali which thus becomes otic of the chief levers of tnaou- farturing industry. The state in which this substance, commonly called sotUt, is supplied by commerce to the arts is essentially that of a carbonate. Commercial soda may, Ihereforc, be considered cherai- catly as more or less pure carbonate of soda. JSlUive $oda. — In sereral places, but not io any rreat quantity, a roioeral mass is met with io nature, which consists chit;fly of sesqui- carbooate of soda ['2 Na 0 + 3 CO, + 3 aq); it is left as an incrust- ation, when the so-called soda lakes dry up in the summer. Thus in Egypt, to the west of the Delta, and in the neighborhood of Fczzan, it occurs iu layers half an iucb in thickness ; and is called by mine- ralogists TVoTiu. The Mexicans call the same substance Urao when h occurs in their own country, as for instance in a lake near that city. The following is found to be its composition: CooMiiiiAnts. TraoB. From E«ypL From FexniD. Ijiugiei. E]ai>roib. tvUtnta tiiad 8odK W«t« . Salpbou of aoda Cmnmoa (Bit Foreign iaaR«n 14.00 18.33 38.64 COO 32.0 31.6 ao.8 1.1.0 Umo. Bmiaaln- piuh. 4L3S 39.00 I8.S0 0.99 In Hungary, native soda occurs in thiP department of Bichar neat Mariatheresiopel, again in the Lesser KumaniH near Shegedin, where there are already five manufactories engaged in its production, and in other localities. The salt, called there Sziks'i, exudes as a snow while crust u[H)n llie surface of the ground, and is swept up as a paytsh mass mixed with earth at an early hour of the morning before sunrise (when it is said to be most abundant). This soda earth Js treated precisely in the same manner as crude soda, and the ash of plants to the potash manufactories, which will be described below ; it is lixiviated with water and the lye — which contains besides soda, sulphate of soda, chloride of sodium, and earthy impurities — is eva- porated to a saline mass, the coloring extractive matters of which arc destroyed by healing to redness. Native soda forms a very small pro- portion of the enormous quantity consumed in the arts. Hie soda, which is required lomeet this consumption, is prr-pared for the greater part by a chemical transformation of ddoride uf iodium; 362 SODA PROCESS— lirSTOaiCAL. a much sroatlcr quantity is obtained by ihe incineration of c-ertaln TTiarine ptnnls. Jirtijtcial Sndafram Chloride of Sodium. Historicai. — The present mode of carrying on this important manufacture, anil now very gene- rally adopted, was ihe invenlion of Leblanc, anil first carried out on a large scale by him and his partners Dize and Shoe in France. As is well known, this discoverj- created an era in the history of manufac- tures : but the manner in which it was mtide public does honor to the genuine and lutignanimous patriotism which animated, in those linM of danger, the flower of Ihe French nation, before the reYolution i 1789, no other kind of soda was known in France but thai obtainf from marine plants, and this for (he ereater part was imported from' abroiiil, fmm the coasts of Spain. The wars of the republic villi nearly tht- whole of Europe, in annihilating trade, put a slop to this and other equally important resources for native industry. Amongst others, the importalion of potash was stopped. Although in cases of\| need, soda maybe replaced by potash in the manufactureof glass and' soap, for the purposes of the bleacher and dyer, &c., yet the pros- perity of these branches of manufacture, at a time when the very ex- istence of the republic was at stake, was of as Htlle moment as the fall of a single soldier in a skirmish. All the potash, therefore, that could be obtained in France was immediately applied to the manu- facture of saltpetre; for the expulsion of the enemy superseded all minor cares. Necessity is always the mother of g'reat deeds, and the republic mastered the difficulty by an unprecedented development of internal power. Thus the committee of public safely, incited by the projMsition of a manufacturer of the name of Carny, in the Y'earll., called upon all citizens, in a special proclamation, to ]dace in the hands of commissioners within two decades, for the benefit of the re- Fif. 109. SODA— 6LAUB£n'S SALT. 263 I public and wiihotit rpganl to all private ends and specalations, what- ever plans and methods of preparing soda migbl be known to them. The report of the commissioners upon all the numerous plans pro- posed by disinterested mamifacturers, declared the process ofLeblanc lo he the simplest and befit calculated for an cxtectRivp sr.iile nf manu- facture ; a decision, the justness of which has been proved hy fifty years' experience, no essential improvements having been made tn the process. It consists in converting chloridt? of soilium into sulphate of soda (Glauber's ssit), and in the further decomposition of that salt. Gtaubtr^s Sait. — The production of Glauber's salt is sometimes carried on in lenden pans, which, for that purpose, are built into re- verberatory furnaces, or rather in furnaces, the soles of which are lined with lead, by heating chloride of sodium with sulphuric acid. Fi^. 109 shows the manner in which a furnace of this Wind is divided behind the bridge a into two separate compartments li and Ji. Id ^, the hinder and less heated part, the decomposition is effected, and in the front chamber B, which is considerably hotter, all the free acid is expelled, the salt melted, and the process completed. Both compart- mentfi arc, therefore, in use at the same time, the one engaged in decomposing the fresh charge, the other in melting the previous charge. The Hame passes from S through five apertures or slits b, b into ./f, and from thence through three other tvider ones r, c into the chimney. Where several furnaces are worked at once, and on the same spot, one chimney serves for all, which must of course be Ini^ io proportion, and the smoke passes into it through subterranean flues. Below the grate rr, at '/, is the ash pit door; above il, at «, is the grate door ; g and A are the working apertures. Apertures cor- responding to e, g, and h, are made also on the opposite side, so that each compartment of the furnace is accessible from two sides. In order that the contents of the leaden pan i i may be easily removed, a part of this is cut away at h, which in the mean time is filled up with clay and bricks. Stones which nre liable lo be too easily acted upon hy the acid vapors, must oot of course be used in the constructioo of the furnace. The charffc consists of from 3 to 8 ewts. of culinary salt or pounded rock salt. It is not absolutely necessary to use the most concentrated sulphuric acid, as that obtained direct from the chambers will answer the purpose. A well arranged soda work, therefore, generally includes a number of sulphuric acid chambers, from which the acid is taken at once (at 52° B.) without being subjected to the extra process of concentration. According to theory, about 85 parts of commercial acid, and from l.% to 137 parts of acid from the chamher ure required for every 100 parts of salt. But as a slight excess of salt is not injurious, Nomewhal less acid is generally used, namely, equal quan- titles of salt and acid. As soon as the furnace is sufficiently heated, the charge of salt is introduced through fi, and the necessary quan- tity of sulphuric acid is measured out in a graduated vessel, and poured upon it through the leaden funnel o. Violent ebullition im- mediately ensues from the evolution of hydrochloric acid, which is still 264 SODA— COXDENSATION OF ACID. further augmented by frequently stirring the mass. At the expiration of about two hours, the evolution of gas census, nnd when the rnasn has bt'come quiet anJ sufficiently Miff to solidity, on cooling, it is re- mo^'ed to fl,that the pan may not be fused, and damaged by the cak'mg of the mass on the application of more heat. In VJit is calcined, i.e. heated Ic> lyunh an extent, that the' remainder of the water and acid are completely expellfd. As soon as the leaden pan is emptied, a fresh charge of salt is introduced, and the process repeated. During the operation itself, anil still moremi clearing out the leaden pan, the workmen are exposed to the injurious effects of the hydro- chloric acid vapors. The •"■'B-i'"- arrangement shown in Fig. 110, is intended to obviate this evil. Instead of raking the charge of the pan out (rf the furnace, it is allowed to frill through an aperture / in ilie bottom — which at other limes is closed by a leaden door — intr> the vault /). When it has sufficiently cooled, the operation is completed in B. By the agency of the water in the sulphnric acid, hydrochloric acid is generated, and sulphate of soda (anhydrous) is produced. For SO„HO+Ci Na = SO, + NaO + Cl H; sodium, therefore, simply takes the place of hydrogen in \hv hydrated sulphuric acid, whilst the hydrogen in coiiibina1ii>n witli chlorine is evolved as hydrochloric acid; 100 parts of chloride of sodium thus afford 62 parts of dry hy- drochloric acid, and 116 and more parts of sulphate of soda; theo- retically there should be 121^ parts. In localities, where there is a sale for hydrochloric acid, and where it can be usefully employed, it is condensed by causing the acid smoke to pass through a series of stone jars containing water (WouIfTs apparatus) before escaping by the chimney. It is then better (»'. e. there is less loss) to use close iron cylindrrK, like gas retorts, for the decomposition, the pipes of which lead to the condensing vessels. Such advantageous conditions are, however, seldom to be met with, and the liydrorhlnric ariti, inKlcjid of being a source of profit, is quite the reverse; and whether it is allowed to escape entirely or is con- densed, its removal is always a source of expense. In condensing with the moisture of the air to aqueous hydrochloric acid, it fails as a cloud and destroys all vegetation tu tlie neighbor- hood, much to the injury' of the inliahitants, giving rise to incessant complaints nnd compensation for damans. An attempt has been made In Rngland, by heightening the chimneys, to carrj- the current of gas into the higher regions of the air, where it was anticipated, that the acid would at least fall in such a diluted state as would tint be iniurioiis. Thus — between Manchester and Liverpool — the coni- cal chimney of .Muspratt rises to a height of 49d feet, being 30J feet SODA— CONDEPfSATIOK OF ACID. MS 1 mU- I Tig. III. ID diameter at the foot, and 11 feet at the top, aad containing lion of bricks in its structure.* Others conduct the acid through a channel filled with dints which are constantly kept welted with water, in order to condense, at least, the greater portion. Others, again, use soft limestones for the same jiurpose, when carbonic acid, which is harmless, is evolved and chlo- ride of calcinm produced. It has further been proposed, lo avoid the evolution of hydrochloric acid altogether, by adding sulphuric acid and zinc to a solution of chloride of sodium in water. Hydrogen is eTolved and the sulphate of zinc produced is converted into chloride of zinc, and sulphate of soda is obtained at the same time. These products can be separated by cr}'slHlization ; and from the mother liquor, lime will precipitate hydraie of zinc, which can be used after- wards instead of metallic zinc. Lastly, some have advocated the plan of boiling a solution of chloride of sodium with sulphate of mag- nesia, and of separating the sulphate of soda from the chloride of magnesium by crystal ization ; the latter can then be converted into carbonate, and by means of g)-psum again into Aulpbate-f . The combination of the manufacture of blear.hing powder with that of soda, as it is carried on in the celebrated works of Tennant at St. Rollox, near Glasgow, is unquestionably the best, although not always practicable, l^e chloride of sodium is there first employed for the erotulion of chlorine, being healed together with sulphuric acid and peroxide of manganese in lead- en vessels. Whilst all the hydro- chloric acid is used as chlorine in converting lime into bleaching pow- der, a mixture of sulphate of soda, protosulphate of manganese, and some free sulphuric acid remains, to which as much common salt is added, as is necessary to saturate the free sulphuric acid, and the whole is healed in a rererberatory furnace.Fig. 111. The small quan- tity of hydrochloric acid which is now evolved, Is (he only portion that ts lost. By heating the solid * "Hiv ohimnrx of Mectn. Taiinant'* aoda works ai St. Rolkuc, Claicow, It (till luf[hrr. \ Vftrinu* other pinna hmvo la^cn propnaed to Mpmr<l« llil now gt-ii^nllj «tn- [■ivjrmf, BinoDg whicli we may notii-r thai t>t~ I>fOf nnJ Hrfnininji't Toe mining common hU nnd Hiqiiiar bona 1(1 ommonift; Pooio's far dccomponny oommoD hIi ti^ ntptiato smtnoalii; Fliillip'i Tor employing gii>n (Tippenm liqoori nrul comtoon suit; ^<pl■■blI^y •ad AbufUMioa tot Duorie and fiumilbic nciils and c<omia«i aU; Lon\|{niitJd ibt rouiing pyrites umI aomnton mIi at a low bMi in n rFTcrbrrntory furnacr ; Da Suisex fiii em. phif ing nltnc acid: Til^i>ri>a fbr linntinK rotnmnii (alt nmt •iilphni<> ofiimp in a i'ur> not oT arasm ; and Dudoi for meliinu tulplintv o( iiun vid ammouia in & niv«rt>maiary fuiniti-e. [Hid mcrttiol of R. A. Tilglinuin U deacrtlieil in the Jounuil of tbe Fnnklin Inaiirutff, Sii Svt^ vol. xiT. p^ MS.— Am. Kb] S6€ CONDENSATION OP MURIATIC ACID. melted saline Ria5i lo rrdnesa lo r rttrrenl of air, lb? manganese and iron salts are decomposed, and the snipliate of soda can be separEtted from ihem by dissolving it out with water; this is then worked as usual in the soda furnace. The same applic»tion, but effected in a less convenient manner, is that proposed by Seybell oml Maugbam, viz., to conduct the hydrochloric acid into a vessel with water and manganese, when chlorine is immediately evolTod. Notwithstanding these propositions, the removal of the hydrochloric acid in an appropriate manner is still one of the most interesting and difficult teclinicnl problems: and it is a remarkable fact, thai the profits of an rstabttshmcnt should be reduced by the production of so useful a substance. If, for instance, the proximity of a salt work aflbnls opportunities of producing sal nmmoniac from siilphiiric acid, ammonia, and com- mon salt, to which Siemens has already called attention, and at the same time sulphate of so<la; this of course is an advantage, and (he following process can at once be proceeded with. In \hf old plan of decomposing common salt, the whole of the mu- riatic acid was allowed to pass off into the atmosphere. Thedestruc- tion to (he surrounding vegctalion, from the etVects of the muriatic acid, soon gave ri.se to repeated demand.s upon the manufacturers for damages ; and in the celebrated cause of the corporation of Liverpool versus Muspratt, even led to the defendant removing his works from the town of Liverpool. Various plans have been proposed to remedy ibis annoyance, and the process which seems most likely to become generally adopted is that of Mr. Bell; but in consequence of other improreraeiils, the application of this process is roodifietl according to circumstances. In those cases where the muriatic acid is not applied to the manu- facture of bleaching powder, and is consequently not required to be of the same sirenglh, the arrangement adopted is shown in I'lgs. 112 and 113. a is an ordinary reverberalory furnace for decomposing Fit- ii». CONDBltSATION OP HITRIATIC ACID. 267 common sa)t> which is connected by means of a flue b enterinf; at the lower end of a lall square tower built of brick or stone, ctmentnl by a mixture of clay and lar. This lower is divided into two comparl- menls c and d by a partition wall «, and the whole Riled with small pieces of coke. A large supply of waltfr is kejil continually running through several openings of the top of this lower, or condenscrt as it Fl«. 111. I I is technically termed, which streams are still further scatierfd over the suri'ace of the coke, by impinging upou small rounded pieces of stone or brick. At the lower end of the condenser, a flue/ leads to a cistern^ partly Blled with water, which is again connected with an inverted cone or funnel K through which a steam jet i blows into an tinderground flue. The drawing only shows the steam escaping into the air as it was first applied. Fig. 112 shows a section of the ar- nngement, and Fig. 113 a ground plan. The muriatic acid gas, as it escapes from the fumacC] comes in contact with the water falling through the coke, which, from its poros* ity, presents a great surface to the gas in its upward and downward course, and which is thus completely abwrbed in its passage, running oal at last by openings A: A: at tlie bottom of the condenser. The traces of liquid muriatic acjd, which may be carried away by the mechani* cal action of the draught, are retained by the water in the cistern g. The draught through the Birnace and coke condenser is maintained entirely by the action of the little jet of steam blowing through the funnel or cones, and possesses considerably more power for this purpose than the tallest chimney. The steam is so perfectly free from acid vapors, that the face may be fully exposed to it without experiencing the least inconvenience. The use of the underground Hue is simply to condense the waste steam, so that, at the open end, little or no aqueous vapor escapes into the atmosphere. The muriatic acid which runs from the condenser is employed in some cases to generate carbonic acid from limestone, for the manu- facture of bicarbonate of soda, or carbonate of magnesia. A B)odi5catiou of this process, when the object is to obtain strong muriatic acid, consists of the folUmiiig arningemeiits. Fig. 114 is the section of a furnace heated from above and below, in whirJi a shows the position of a cast iron pan, where the common salt is de- 268 CONDEIfSATtON OF STRONG HURtATlC ACID. Pic- 1 14. 1 1 or ■^-^"^^-^^ ^;;;^^^H Fif. Ilfl. composed byeulphuric acid, previous- ly concentralecJ as already Jescribwl up lo" 1.600 sji, gr., and where the muriatic acid escapes through the 0ue /. As soon as the resulting sulphate is KuiTicienily dry, it is removed to the olher bfds of ihc furnace, b and c, where all the reiuaioing muriatic acid is entirely driven off Dj the heat of the fire d. These last traces of mu- rialic acid escapes through the Sue^. The muriatic acid wnich escapes through ihe Hue /, is, of course, free frora all ihe gasea of the burning fuel, ami accompanied by very little steam, in consequence of Ihe strength of the sulphuric acid employed. It passes to a condenser (Fig. 115), in which it traverses the flue / inside of tbe condenser as it were, exposed to the cooline action of the water falling throu^ the coke tn the spaces a b, and hence, when it enters at the bot- tom of the coke column it is compa- laiively cold, and requires much less water for complete condensation. The draught is maintained along with the other arrangements as described in the first instance. The muriatic acid obtained in this way is applicable to the manufacture of bleaching powder. The spent muriatic acid, so to speak, from the beds b c, in Fig. ■ CRUDE SODA— SODA ASU. S69 114p » earned b^ the flue g to another condenser sbovro io Fig. 116, of a more simple construclinn, consisting merelv of Hitemate up and down fiuta of brick, through uhicb the water falls from above. The muriatic acid from the > Fij. 116. condenser is applicable io the same purposes as thai first described. The introduction of the use of the iron pan, and this pUn of decomposition which has prored of so much value in alkali works is due to Mr. John Lee. while the employ- ment of such strong sul- phuric acid in decom- posing common salt is attended with the further advantage of preventing tbe formation of so much hisulphate as usual. Mr. Lougmaid has proposed a plan of man u fact urin\|[ sulphate of soda without the previous process of producing sulphuric acid. He nixM common salt and ground pyrites together, ana exposes them to a slow heat in a reverberatory furnace through which a rurrent of dry atmospheric air is forced. A mutual deoompoMlion eusues; the com- mon salt is converted into sulphate of soda, while the chlorine escapes at first in the form of miiriaiic acid, and uliimatelj nearly as pore chlorine. The mixed sulphate of soda and oxide of iron are then balletl in tbe usual way for makini; carbonate of soda. He proposes to remore the muriatic ncid from inc chlorine by brinpng it in contact with a surface of wood kepi moist from the outside, then driiug the chhirine and employing it for the production of bleaching powder. This process has only one defect arising from the slowness with which tbe decomposition of the common salt proceeds; but it presents a plan which, by perseverance in the bands of an able practical manufacturer, would certainly succeed. Crude Soda. — Tbe object of this process is to convert sulphate of soda by heating it to redness with charcoal and carbonate of lime, into carbonate of soda. Wood charcoal ia seldom cheap enough to be used for this purpose ; and small coal, or refuse brown coal, which does not leave too much ash, is substituted for it. Any kiud of lime- stone, chalk, &.C., in which there is not much alumina, may he used as carbonate of lime. Sometimes deposits of a kind of dusty lime- stone, tufa from spring water are employed, which then require no pulverization. According to the original plan, lOO lbs. of sulphate of soda, as much chalk, and &5 lbs. of charcoal should be taken; but the pro- portion of lime is often increased to 110 or 120. The more intimately 270 tODA ASH— BALLING PSOCESfl. the cnnstituentB are toixeil, ibe more complete ami nipul is the action. For this reason, it is necessary to grind ihem beforehand to a coarse powder, and to »if^ and mix them as intimately as possible. The charge, from 2 to 2^ cwts., is healed in a reverberatory furnace, Tig. Ill (p. 265), the sole of which is about 1 0 feet long, somewhat cos- cave, and of an oval shape ; all corners are avoided, that portions of the mass may not collect in them, and escape the action of the fire and the stirring rods. Tlie tiring on the grate a is supplied through the door /, the charge is iniroduccd and constantly raked over in d, from the apertnres i antl fi. For facilitaling the use of the long heavy iron stirring rods and rakes, a roller e is placed in front of ^ as a sup- port. The register p can be entirely dispensed with in this arrange- ment. Sometimes the fur- ^^- "''• naces are much larger and calculatc-d for a charge of 20 cwts. K(!cent experience has, however, shown smaller fur- naces, lilce Fig. 117, with a double working hearth, to be more advantageous. The hin- derniost hearth B is used Mm- ply for heating the mass, and 15 only separated from the melting hearth .4 by having its sole raised one brick above it. \^'}ieD the mass begins to soften in B, it is raked down to ^, and its place immediately supplied by a fresh quantity. Fig. 118 iR a sketch of tlie present plan of balling furnaces as most rtff. 118. economical. There are two furnaces shown, a and b, with fireplaces adjoining d c. Each furnace has three heds,y g h. >Vhilsl the charge is introduced, the register remains half closed, or the draught would carry up a portion with it. Aa soon as the whole is intro<liiced, and the mass property spread over the sole of the fur- nace, the doors are claied (hat the heat with the open register, may exert its full power. In a short time, the surface begins to .M)llen and form into roumlish balls, and this must be the state of the whole maas before the process can proceed. By cautious stirring (that no dust may Ay off) a fresh surface is constantly exposed to hasten the soft- ening, until the whole mass appears to have the consistence of dough. At this period, the actual chemical decomposiiioo begins with a lively SODA A8H— BALLING l>ROC£ES. 171 evolulioa of gas. Numerous bubbles of carbonic oxide buret with « blue dame, and rising with the other products ordecompositian of the coal, set the ixia&s in motion, which roust now be constantly stirred and worked up with the rakes, that all parts may take an equal share in tthe decomposition. At last the mass of soda completely melts, and from the evolution of gas appears to boil; this, however, Eraduallj ceases, and at length the whole is in a tranquil state of fluidity. The decomposition is ihus completed, and it is time to rake out the cntdt xoda (or ball soda) as it is now called, into iron m- heel-barrows, in which it solidifies. During the process, the charcoal and the lime do not art simalta- neously, but consecutively upon the soda salt, so that really (wo dis- tinct nrocesses occur one aiier the other, which cnuld be carried on equally well in two separate furnaces, if the sulphate of soda were first heated lo redness with charcoal, and the product then heated with lime. The charcoal is consumed at the expense of the whole of the oxygen in the sulphate of soda (SO, NaO) formine carbonic oxide, and sulphuret of sodium alone remains, for SO, NaO + 4 Cm 4C0+SNa. Vi'heo this process is completed, the action of the lime begins, _ld an exchange is effected between its constituents and those of be sulphuret of sodium, so that carbonate of soda and sulphuret of calcium are produced (NaS+CO, CaO — NaO, CX), + CaSV If a portion of the lime has been burnt and become caustic before ibis decomposition lakes place, sulphuret of calcium is formed and a cor- responding quantity of caustic soda (CaO+NaS==CaS + NaO) which gradually abM>rbs carbonic acid from the gases in the furnace. The object in vicw^namely the production of carbonate of soda — would thus be obtained, but in an unsatisfactory manner. For, in endea- Toring to separate the soda salt from the difficultly soluble sulphuret of calcium by means of water — which must take place sooner or later — the decomposition under these rirciirastances is reversed, sul- phuret of sodium is again produced and carbonate of lime, and the substances are exactly in the same position as they were immediately after the action of the charcoal. Experience has furnished us a remedy for this evil in using twice as much lime as is absolutely necessary to desulphurise the sulphuret of sodium. This second portion of lime, at the end of the operation, aAer having lost its carbonic acid, forms with the sniphiiret of calcium a peculiar compound which has no fur- ther action upon carbonate of soda under water. If, with Dumas, this compound is supposed to consist of ^ eqs. sulphuret of calcium and 1 eq. of lime, then, there must be used in all : or . ther* ii ■ctaallj utptajBd 2 eqa. sulphate of soda - 1784 — 100 . . 100 8 " charcoal = 600 — 33.6. . 56 3 " carbonate of lime = 1893 — 105.3. . 300 to 110 or 120, whence it is evident, that theory leads to the adoption of the same proportioas as the circumspect manipulation of manufacturers had 272 SODA ASH— BALLING PROCESS. already ascertained to be the best. More coal than charcoal is re- fjuirfd to produce the same effect, and an excess of charcoal is always desirable. A single glance at the theoretical explanation of the soda process is suincient to tihow of how great importance a proper ree:ulalioa of the draught, the uniform mixture of the soflened mass, and tne seizure of the exact moment for its remoTal from the furnace must be to the^ success of an oppration which mainly depends upon a separation of oxyf^o. When it is remembered, that a reverberatory furnace is nothing more than a blow-pipe upon a large scale, in which by means of the draught, a ftame is made to play upon the substance to be heated, it becomes evident, tbat, as on the small scale, with a strong draught, an oxidizing [consuming) action must be exerted, so with a lesser draught oxyj^en must be withdrawn from the heated body, or at least ihi; action can only be slightly oxiiliztng. On the other hand, the metallic snlphurr'ts (sulphuret of sodium, sulphuret of cal- cium] have a powerful afHnily for oxygen. The draught, liierefore, should be so regutated ((he register so placed) that no free oxygen should exist in the flame. Thi;s, however, is not practicable, as great heat is required; the mass must consequently be Icept as short a time aa possible in the furnace, and constantly stirred, whilst the draught is regulated in the most favorable manner. Neverlheless a porliou of sulphuret of sodiuai is always convened into soda sails coulaining some of the acids of sulphur; and sulphate of lime is always formed from sulphuret of calcium, which afterwards gives rise to a second formation of sulphate of soda, becoming converted, in contact with carbonate of soda, into carbonate of lime. Several new processes have been proposed for converting the sul- phate of ifoda into carbonate, some with the view of saving one or more of the steps subsequent to the balling with coal and timeslone, others with the object of recovering the sulphur of the blacLt balls. Amongst these we may notice that of Leighlun for admitting steam among the materials when in a melting state; Shanks for passing carbonic acid through the vat liquors to carbonate the soda; Samuels for converting sulphate of soda into sulphuret, by adding sutphuret of barium to a solution of the former; and Clough for neutralizing the caustic soda by means of silica; but as none of them have been car- ried into practical operations, a reference to the list of specifications, vrhich is annexed, must answer our present purpose. The 'crud« fodo" has the appearance of roundish balls of half vitrihed aah, and forms gray, more or less solid raasHes mixed with particles of coal, consisting of carbonate, sulphate, sulphite, and hy- posulphite of soda, caustic soda, sulphuret of sodium, undecoraposed chloride of sodium, sulphuret of calcium combined with lime, and lime. The following analyses have been very recently made of this pro> duct. COMPOSITtOK OP BLACK B&LIC. 273 eoufotanov or the blace balm from the BALLmc fttrnaces. From CaMcL From Newcuila. Sulphate of soda . 1.99 3.64 Chloride of Eodium 3.54 0.60 Carbonate of soda . 23.57 9.89 Hydrate of soda 11.12 25.64 C'Hrbonaie of lime 12 90 15.67 Sulphuret of calcium . 34.76 35.57 Sulphuret of iron 2.45 1.22 Silicate of magocffla . 4.74 0.88 Charcoal 1.59 4.S8 SaoU .... 2.02 0.44 Water 2.10 2.17 ^ 99.78 100.00 F UuEcer. KichanlfiOD. As the result of experiinent it has been found, that 100 parts of sulphate of soda produce 153 to 168 pntls of crude soda, in which are contained from 50 to 55 parts (32^ to 33 per cent.) of pure, dry, carbonate of snda, whil&t, according to theor)', 75 parts ought to be obtained from the same quantity of sulphate of soda. For many purposes, crude soda is used as it leaves the furnace, and it is consequently an article of commerce. For such purpose a sul- phate of soda is employed, which contains from 10 to 12 per cent, of common salt; this remains unchanged in the soda, and communi- cates to it the property of easily falling to pieces in damp air, thus obviating the necessity for grinding. Sometimes (for instance, to the SOap-boiTers), & certain q:uantity of common salt is desirable. The greater part of the crude soda is converted at once on the spot into pure carbonate of soda — either anhydrous or crystalized. The crystals of this salt are generally a very safe guarantee of its purity, but they contain 10 equtvs., or 62.85 per cent, water. Soda salts (anhydrous), therefore, as well as crystalized soda are both articles of mauufacture. Solution. — As it leaves the furnace, the crude soda is too firm and solid to be easily dissolved out with water. It must, therefore, either be crushed under upright mill-stones and sifted, or loosened and made soluble by hot \'anor. With this view the mass is sprinkled with water in a tolerably hot furnace, where, in the atmosphere of vapor, it soon swells up and falls to pieces. In the subsequent treatment ,«ilh warm water, carbonate of soda and the other soluble salts are taken up, and the compound of lime with sulphuret of calcium re- y mains. ■ The composition of this tank waste or refuse, after extracting the ■ soda, according to a recent analysis of Unger, is as follows : 274 SOLUTION OP BLACK BALLS. Carbonste of time . . J9.56 3 Ca S, CaO . . 32.80 Sulphate of lime . 3.69 Hydrosulplinte of lime . . 4.12 Hydrate of lime . 4.02 Bisiilphuret of calcium , . 4.67 Siilphuret of calcium . 3.25 Hydrate of lime 6.67 Sulpburet of sodium , 1.78 Oxide of iron . 3.70 Silicate of magnesia . 6.91 Charcoal . 2.60 Sand .... . 3.09 Water .... . 3.45 100.31 The whole quantity of water used for (he purpose of solution must be evaporated after Ihe separation of the waste with a corresponding consumption of fuel. AlihoiigS it is of course advantageous on the one baud to use as little water as possible, yet it is equally desirable on the olher hand to dissolve out every particle of alkiili from the residue. In this, as in aU other similar cases, both objects have been attained by one and the Kume iuj^eciious method. The diflicuUy is obvious; if too little water is used in ihe first instancei a portion will remain undissolved; in the opposite case, all the alkali will be dissolved; but^ as at first, the whole solution cannot be drawn ofl', for a considerable quantity is kept back by the spongy residue. It is, therefore, impossible in any case to obtain the whole quantity of solu- ble matter with one portion of water, a 2d, 3d, and 4th portion will be required, each of which will contain a less quantity in solution, so that altogether there will be a vast excess of wiiter. Yhe contrivance by which this difficulty is overcome, depends upon an uninterrupted continuance of the process, and coosLsts in using the same water which was employed for the first infusion, with fresh portions of crude soda, until the solution has acquired the proper strength for boiling. Just in the same manner, every 2d or subsequent infusion can be in- creased in strength, so that none but sufficiently concentrated lye is supplied to the evaporating pan. Suppose that a certain quantity of water has taken up 8 per cent, from the first portion of soda, it will take up HS much more from the second portion, and leave it contain- ing 16 per cent.; it will be drawn ofl' from the third portion with 24 per cent., and so on. Hot water dissolves more ihan its own weight, cold water half as much, still colder water at 8° (47° F.) d)s> solves about 23 per cent, of crystaltzed carbonate of soda. The ar- ' rangement. Fig. 119, shows the manner in which tliese princtplea have been practically carried out. Each of the iron lixiviating cis- terns ,'i .?, is divided by a double partition, and the two halves are connected by an aperture a at the bottom, and another b at the top. SODA— LIXITUTIOV. Fig. Ilk 276 I In each compartment there are two sheet iron boxes n n, pierced with holes in their sides like a sieve; these are filled with erode soda, and suspended just b«low the surface of the water. The great advantage of Ibis arrangement is easily perceptible. The particles of fluid, hs ihey become saturated and hear}', fall to the bottom, and make room for other particles, which become saturated in the same manner. The solution of the sail is thns much more rapidly effected than in the ordinary method, when the crude material collects at the bottom of the ressel, and such currents cannot occur. For the same reason, (oa account of displacement.) the solution of a lump of sugar sus- pended just below the surface of Ifae water is much more rapid than when it Is placed at the bottom of the vessel. In the latter case, the nrup is distinctly seen falling in e^ireaks. A complete apparatus should have 10 or 12 of these boxes placed side by side, and the one raised about 2 inches above the other placed immediately in front of it. In the same manner as the fluid is conducted from the first com- parlment through the lower aperture o a . . into the hollow partition, •ml from thence through the upper opposite aperture h b into the second, so, from the bottom of the latter it enters through the pipes y^ . . the next lower box at the top. The steam pipes A A keep the temperature of the whole at about W° {104° F.), The fresh water always enters the uppermost cistern first; whilst the lowest only is charged with fresh soda; and whilst the water is traversing the whole series from lop (o bottom, the same space, but in an opposite direc- tion, is traversed by the esses containing the soda, which from time to time are removed from one cistern to the other. The water is thus gradually converted into a stronger and stronger lye, until, on reach- ing the lowest cistern, it has attained the proper consistence for boil- ing. On the contrary, the crude soda is gradually exhausted, and parts with the last portion of its soluble salts to the fresh water in tb« uppermost cistern. A lye ist therefore, obtained of pretty uniform strength, in which Ikot only carbonate of soda, but all the soluble salts are contained, and 276 60DA— EVAPORATION OF LYE. particularly siilphuret of sodium; it is Ihen evaporated in leaden pans quite similar to thai represented in Fig. 94. In the mean time, the greater part of the sulphuret of sodium becomes oxidiztfd to hjposul- fihite of soda (NaS becomes NaO, S, O.) ; the other constituents of the ye remain unchanged, and mixed with the soda in diflerent propor- lions, according to the nature of the process. If Ae lye is evajiorated at once to dryness, which ran be done in iron vessels, all ihe foreign matters remain mixed with the soda. For this reason, the same method is generally adopted as in the soccage of common salt. When the strength of the lye exceeds a certain amount, small crystals of monohydrated carbonate of soda fall constantly to the bottom (NaO, CO + aq.)' "' these may be collected with scoops, allowed to drain, and are then dried. In this manner nearly all the caustic soda and aulpburct of sodium, as well as the excess of other foreign salt?, re- main in the mother liquor. If this is evaporated and heated to red- ness, mixed with saw-dust or coal-dust in a reverberatory furnace, the sulphur of the sulphuret of sodium escapes (pmbably as sulphuretted hydrogen), and carbonate of soda is produced. The same occurs with the caustic soda, which immediately combines with carbonic acid; the sulphate of soda is reduced at the same lime to sulphuret of sodium, and undergoes in this form a similar change. The same puritication can be practised upon the salt obtained by evaporating the mother liquor to dryness. By far the purest soda is obtained, when the original crude lye, or the redissolveU half-purilied salt is evaporated to the point of saturation, and set aside to cool ; rohl wea- ther is best suited for this purpose. I'he vessels used for crystaliza- tion are made of cast iron, and are generally round; the sketch below shows the manner in which Ibey are arranged io the crystalising bouse, Fig. 120. Under these circumstances, the soda separates in Pi(. ISO. ^^^^i^^ large well-formed cryttals (NaO, CO, + 10 aq.), containing a ^tvr small amount of sulphate of soda, and when freshly crystalized 62.8 p£r cent, water of exystaltzation, which is somewhat diminished in VARIETIES OF SODA. the cnmmerrial salt by the efflorescence to which i( is subject vhen exposed to the air. Comroerciatty, soda is met with in three forms, crude soctOf a desigaation which is also sometimes applied to the saline mass of inspissated mother liquor; salts of soda (soda without water of crj'stallization) ; and crystallized soda. The entire loss of all the sulphur, employed as sulphuric acid, and amounting to ^ of the pure soda, is, with great justice, made an ob- jection to Leblanc^s process. However simple it may appear to em- ploy ihe meaofl at hand — the hydrochloric acid — for recovering the sulphur from the slate-gray residue, which contains about 15percent. in addition to carbon, silica, lime, magnesia, iron, and gypsum, yet it is attemled with peculiar difficulties. In the first place, only 2 equirs, of hydrochloric acid are obtained, and there are 3 equtvs. of lime to be saturated ; even when the observation of (lossage is made use of, ac- cordiog to which moist sulphuret of calcium is easily decomposed by carbonic acid, which can thus be used to assist the action of the hydro- chloric acid, yet it would still be difficult to obtain the sulphnretted hydrogen so free from carbonic acid, that it could be burnt in the sulphuric acid chambers (p. 229); and no other use has been found for it. Darcet and others have employed the residue mixed with sand as a mortar, or fur covering the paths in gardens, and have found that it becomes hard in the air, and prevents the growth of grass. That all the numerous propositions intended to prevent the loss of sulphur, from Ihe beginning, have failed in superseding Leblanc's method, is probably due to the great simplicity of the latter, and to the low price of crude soda. Some of these, however, are of too inte- resting a nature to be overlooked. Priickner (afterwards Persoz, and still later Poole) produced sul- phate of soda from sulphate of ammonia and chloride of sodium, and converted the sulphate into .-qulphuret of sodium by healing it to red- ness with charcoal, which, on the addition of suboxide of copper, pro- duced sulphuret of copper and caustic soda (NaS + Cuj O «= NaO + Cu,S). The solution of the latter was exposed to a stream of carbonic acid, and thus became converted into carbonate of soda. Ad inge- nious method has been devised to make the sulphuret of copper again subservient to the same purpose. By roasting the sulphuret, sulphur- ous acid and oxide of copper are obtained. The former is carried through ammonia, and the sulphite of ammonia exposed to th(! air until it has become converted into sulphate of ammonia; the oxide of copper mixed with charcoal powder, and exposed to a very slight red heat, is converted into suboxide, and then again used with the sul- phate of ammonia as ut hrst. If the oxide were used, too much hypo- sulphate of soda would be formed. Dyar and Hemming decompose chloride of sodium by means of carbonate of ammonia, in order to produce soda without the use of * The real dilBcultica trc the ruk of ibe workmm, and tbo rapid dmtracuon aC lbs J 278 OTHBR PROCESSES FOR SODA. sulphur (sulphuric acid). %Vheii aAer the interchange of the tcids ill both sails, the carhanate of soda ha5 been separated, the sal-am- moniac in the residual liquid is reronverted into carbonate of ammo- nia by carbonate of lime. The advantage here gained, is the pro- duction of itoda free from sulphur ; the dimculty, however, consists in avoiding a loss of ammonia. To economize the sulphuric acid, the residue from the decomposition of iron pyrites, or the lye from disin- tegrated cockscomb pyrites has been employed (Phillips) for the con- version of chloride of sodium into sulphate of soda. Lastly, Blaac and Blazille have advocated the formation of a soluble silicate of soda, by fusing together chloride of sodium and silica, and converting this into carbonate, by a current of carbonic acid, with the separation of silica; in a similar manner, only with the additional aid of Suoric acid, Maugham produces silicate of soda, and decomposes it by means of carbonate of lime. Anthon's experiments, in which chlo- ride of sodium is mixed with charcoal, silica or metallic iron, and exposed at a red beat to aqueous vapour, lead to no result. Id locali- ties where potash (carbonate of potash) is at a moderate price, the production of saltpetre may be combined with that of smla, by decoro- posing Chili saltpetre (nitrate of soda), and carbonate of potash, into soda and ordinary saltpetre. ^H Before closing the account of the production of soda from comtDon^B salt, we think it desirable to notice cursorily one of the chief outlets for the muriatic acid which is produced in such immense quantities in the soda works, and which it it? now in some countries, and ought to be in all, made compulsory upon manufacturers lo condense. The account of the manufacture of bleaching powder has been reserved for a future chapter of the work, where it will be more filly intro- duced. We think it nevertheless essential to a complete description of the alkali works that a slight sketch of the manufacture of bleach- ing powder should here follow. ^m Blf'iching powder or chloride of lime is a compound of very exteii«^\| sive consuutption in the arts, being used in hleauh works, and by calico printers in a great variety of processes for remonng color from their goods. The production of this substance is dependent upon the property which hydrate of lime possesses, in common with the hydrates of the alkalies, of absorbing gaseous chlorine with avidity, and when placed in the most favorable conditions to the extent of about 40 per cent. Chloride of lime was tirst prepared by Mr. Ten- nant of Glasgow in the year 1798, and applied by him to the bleach- ing of cotton cloth. The process requires a chamber in which the hydrate of lime (dr}' or anKydrouM lime abfiorbs no chlorine) is spread out in a layer of about three or four inches in thickness, and chknioe gas generait'ii from another apparatus is caused to fall or pour down upon it from the top of the chamber; in about forty-eight hours the lime has absorbed the full quantity of chlorine to convert it into^J bleaching powder. ^M The chlorine gas is generated by heating together peroxide of^^ manganese and hydrochloric acid. The oxygen of the peroxide^ CHLOniDB OP LIME, OR BLEACHING TOWDER. 279 \ Qoiline with the hydrogen of the acid, forms water, and ihe half of the chlorine is evolred in the free state, whilst the other half remains in combination with the manganese (2 HCl + Mn 0, <= 2 HO -f Ma CI + CI). Fig. 121 is a sketch of the most approved form of apparatus for employing the Tif. lai. Strang Diunaiic ^ acid of the process described above ( p. 267-8 J in the manufucture <rf bleaching pow- der; a is a flat stone still, with a flag stone lin- ing, thus leaving ao intermediate spare A; c is the I acid pipe: d the exit pipe of the chlorine gas which is washed in wattT in the little vessel e, from any muriatic acid, Slc., and litiaUy passes into the ordinary chlorine chamber ^through a small coke column J\ where it romes in contact with a thin stream of oil of vitriol io remove all traces of aqueous vapor. The manganese and muriatic acid in the still are heated by Kteam from the prpe A which occupies the spaced; and a recent patented improvement by Mr. Pattison for introducing steam into the interior of the siill to assist in working ofT the last portions of chlorine, seem to make this whole arrangement most complete and economical. Chloride of lime is a white powder with a peculiar smell, not of chlorine, but of hypochlorous acid; exposetl to the air it gradually abitorbs carbonic acid and evolves chlorine; it is only partinlly soluble in water, leaving a large residue of hydrate of lime. The addition of an acid to chloride of lime causes a much more rapid evolution of chlorine, and the acid combines with the lime. It was at first sup- posed that chloride of lime was a simple combination of lime with chlorine (CaO + CI) until the discovery of hypochlorous acid by M. Dalard rendered it probable that the hleuc-hing subslauce in chloride of lime was hypochlorite of lime. This view has ii^ain been rendered doubtful by the researches of Millon, who is led to suppose that ihc bleaching substance is a combination similar to the peroxides of Ihe metals, in which calcium is unitwi with oxygen and chlorine, the chlorine being substituted for the oxygen of the peroxide. Gay- Lussac and others have also investigated Ihe nature of this compound, but its constitution is still doubtful. Its application to manufactures will be treated in a future chapter. The manganese employed in the pmcess for bleaching powder is rendered comparatively useless after b^ing once united with chlorine* and unlil rcrfntly, when the chloride of mangani'se has been employed for the puriBcaiion oJ illuminating gas (see appendix), it was treatetl 280 RECOVBRV OF WA8TE MACXEHIA. only BS R waste product, the chief expense in the roanufacttire bein^ occasioROi) by the supply of fresh peroxide of manganese from the intnes. A patent was taken out in lt:^4 by Mexsrs. de Sussex and Arrott for recovering the waste manganese, and rendering it again subservient to the production of chlorine. The plans proposed by the patentees bare reference to the chloride and sulphiite nf mangn* nese, both of which are waste products. The chloride is either heated very strongly in fire clay retorts until the whole of the chlorine is driven off in the form of hydrochloric acidt and as free chlorine, leaving the manganese in the slate of oxide, or is exposed on the hearth of a rcvcrberatory furnace to the flatue of bydro^n gas mixed with the oniinary fiame from a coal fire, when the chlorine is expelled as hydrochloric acid, and the deutoxide of manganese is left ; or lastly the chloride is mixed wilh carbonate of lime, and exposed (o the compound hydrogen Haroe, when by mutual decomposition, chloride of calcium and protoxide of manganese remain; these can then be separated by water. The sulphate of manganese is mixed with charcoal, coke or saw-dust, and exposed to a strong heat in retorts of fire clay or iron, when sulphuret of manganese mixed with some protoxide of the metal is produced ; this is then mixed with an addi- tional (juantily of carbonaceous matter, and subjected to the joint action of the heat and atmospheric oxygen in an open retort, and the ^_ whole is thus converted into protoxide. The lower oxides of thea^ metal obtained by any of the foregoing processes, are either fused with about three times their weight of causiic or carbonjiTed alkali, and a manganate of the alkali formed, which may be decomposed by the action of the air, or by carbonic acid passed through it into^^ peroxide of the metal and carbonated alkali. Chlorine may also be^\| passed over the moist deutoxide with the view of converting it into^^ peroxide, or, lastly, the lower oxides may be exposed to nitrous gas generated by some other process of manufacture, as in the preparation of oxalic acid, nitrate of lead, Slc, giving rise to the production of the peroxide. It is possible that the use of manganese wdl be superseded in the production of chlorine by a process for which a patent has been granted to Mr. Charles Dunlop of Messrs. Tennant and Co.} Glasgow. The plan proposed consists in mixing common salt with nitrate of soda, and submitting the mixture to the action of sulphuric acid; chlorine and nitrous gas are evolved, and are caused to traverse a vessel containing strong sulphuric acid, by which the nitrous gas ia readily absorbed, and the chlorine passes oiT. A rurrent of atmo- spheric air is now passed through the nitrous sulphuric acid, until the nitrous is converted into nitric acid ; these mixed acids are then made to act upon common salt without any addition of nitrate of soda, and the same gaseous products are obtained as before. The muriatic acid which is produced by the system of condensation applied to the reverberatory furnace in decomposing common salt, instead of running to waste, is likewise employed in the following manner. Bicarbonate of Soda.-^k large cistero formed of stone laid in claj, BICARBUNATE OF SODA. 281 and wfll bedded as shown in £ £ £> Fig. 122, is filial with chalk, and the muriatic acid as it flows from the condensers, is admitted by Piir. I«. the pipe -J. It thus enters the cistern at llie buttum, rises uji through the chalk, disengaging carbonic acid in its passage, and the solution of chloride of calcium escapes at the point C through auottier pipe, similar to that by which ''e- ><3. it entered. The escaping liquid flows off through the pipe J). The carbonic acid gas makes its exit through the opening By whence it is coo- ducted to ihe large air-tight cistern containing the crystalized carbonate of soda. The car- bonic acid cannot escape by any other opening, asthe whole cistern is filled with liquid up to the leTel of C, while this pipe and D are kept full of the liquid chloride of calcium. The pipe A and C are made of stone and fitted into the sides of the^cistero, Fig. 123. The only precaution is to fill the cistern every morning with chnlk. The carbonic acid is conveyed to a lai^e air-tight cistern with a man-hole door in the side, and a small pipe at the bottom of the cis- 582 90DA FROM MARINE fLAMTB. tern to allow the wat«r of crystalization to flow off as the absorptioa of the carbonic acid proceeds. Lai^e masses of cr}-stalizecl soda are piled one upon another in (he cistern, Fig. 124, where a shows the door with the masses of soda cr^rstals. The door is then closed, and the ^as admitted. Considerable heat is evolved, and al the end of ten day.s or a fortnight, the whole is converted into bicarbonate of soda, which is, howev(?r, vtrry damp. The soda is now removed to stoves fitted with wooden shelving, and dried b)' air geotlj heated Id iron pines. A\Tien perfectly dry lo the touch, it is ground between stones in a similar manner to flour, lading care that the motion of the stones is so slow a;i to prevent the evolution of any great heat. Soda from Marine Plants. — It is one of (he specific properties of those plants, which are foimd growing nn the sea shore, or in the sea itself, to imbibe and assimilate the mineral ioj^redients of sea water (p. 246). Thus, for instance, they assimilate the soda of the chloride of sodium, when any function of vegetable life, for instance the satu- ration of an organic acid, requires the presence of a base. Hence, "without reference lo the plants exclusively inhabiting the ocean, as the fucoids, we can understand why the vegetation of the sea shore, namely, certain species of Salsala, Tnglorhisy Salicomia^ Mriplex, Statict^ Batis, Mesembryanthemum, Chenopodium, Reaumeria, &c., should be BO firmly attached to that locality, which they only exchange for the neighborhood of salt springs. On burning these plants, the compounds of soda with the organic acids remain in the ash as carbo- nate of sodn mixed with other salts. Besides carbonate of soda, the ash contains in the form of soluble salts, sulphate and byposulphtte of soda, sulphuret, iodide, bromide and chloride of sodium, ferrucyanide of sodium, and the corresponding combinations of potassium ; besides these, there is an insoluble portion consisting of carbonate and phos- phate of lime, sulphuret of calcium, magnesia, alumina, silica, sul- phuret of iron, and particles of charcoal. In general the ash of sea plants, compared with that of those growing on the shore, is not rich in carbonate of soda, but contains a large quantity of the salts of pot- ash; this general fact is, however, not without exceptions, for Gui- bourt's analysis of the ash of Salsola Ira^us showed it to contain 29.04 per cent, carbonate of potash, 17.89 chloride of potassium, 4.93 sul- phate of potash, 40.36 carbonate of lime, and 7,b8 phosphate of lime and oxide of iron. The following table contains the results of analyses by Schweitzer, Forchhammer, Godechens, and James, 5 i TspXo ■apiOl aainStm vuiMnuiaij -nsAia]* 8niot((LCiX(oj ■n\|n{t» HTin -ancl^io fwpiu^ '■twUtjtim nuviiSiUtijj « sc c6 r> OD r« ^ A Ok I rf — ot ■> I P3 <e n « <n c* Q a o ao — Mi won SI OC" <:i e R la n w o I " w — — 1^ I iSpli I r 1 1 iSi § 384 BARILLA— SALICnU—BLAXqVBTTE. Prtparation of the ^^$k. — The sea-weed is collected at low water] and allowed to dry id the sun, the plants on the shore are mowed down and dried in the same manner. When they have become per- fectly dry, they are burnt to ashes, not however upon level ground. where the wind would blow away the ashes, but in pits, 3 feet deep and 4 feet square, into which the dry fresh weed is thrown as soon as the previous portion is consumed. When the operation has been continued for se^'eral days, the ash in the pits becomes so hot, that it cakes together into a semi* vitrified mass; it is then broken up and fit for use. BariUa. — In Spain, Salsola soda Is cultivated annuatly on the sea coast, and the plants are burnt to produce one of the most valuable kinds of ash. Formerly it was vei^' much esteemed in coromerce under the name of barxUa ; it form^ mlid slag-like lumps of a dark ash gray color, and contains from 25 to 30 per cent, of pure carbonate of soda. In France, which is the chief market for this produce, three varieties are distinguished; barilla itself or touiie lioucty an inferior, kind, soude mitangetf and a third still less prized, sonde bourde, all of which are brought from Alicante; that obtained from Carthagenaj is of medium quality. COHPOSITIOK OF BARILLA OB TABEC 1 C«iwtita«at. 5 3 9 2 5 1 • o e a t e a I 5 • s s» U Snlphoieof pau^ . 39.19 42.5* is.eo 2S.0O i5.Ka ».3a 13.50 ChlondeofpoUiilnni — 16.00 19.6-1 — — I0.&5 \SJ>3 16.60 ChlorKleorwKljiim . 60.00 4fi.7S S6.3S 73.30 eaoo 68.36 M.M 66.68 CartMnftieoftoda 3.00 9.63 3,71 6.00 «.oo Incaa 8.76 .ts SulpbaUioflime — — — — — I.IO — — lAMtuble tntcui 3. DO IM .n — — — — — — iracM trtee* UkCM IncM _ iracef InoM KM — — — ,— — .— — Wawr — &.U0 6.00 aj3o 4.00 «.P0 IM 6M 0iun, •100.00 •JOtf-W •100-00 •100.00 •100.00 t99.S6 100JM loajm Salicor. — In the same manner SiUKomia anmia (belonging to family of the Mriplieea)^ is cultivated on the French coasts of Mediterranean (near Narbonne), where, after collecting the seed, plant is burnt to asbes, which is then termed SaHcor, and containaj about 14 or 1& per cent, of carbonate of soda. Blanquette.^S. kind of soda containing from 3 1o 8 percent, is known in commerce by the name of Blairquelte, which is obtained by incinerating all the plants growing on the shores between Frotignan and Aiguemorte ; in the south of France, these are Haiicornia europtta, Salsola traguSt and kali, AiripUx jtorttdacaides and Statice limomum. In former limes, the addition of chloride of sodium to this ash, which already contaiaed it in large quantity, was a fraudulent practice of frequent occurrence. ' AJMljrai, fay Ginidin. t AnBljMi^ bj T. RicbudMo. TAKEC. KELP— POTASHES. VareCt Ktlp. — Lastly, the ash soW under the name of Var«c or ffWp, which is obtaiDed from sea-weed on the shores of the North Sea — the former also in Normandy^ the latter in Scotland, Ireland, and the Orkneys — can hardly be classed amongst the vanettes of soda; kelp containing only 2 per cent., and Tarec no carbonate of soda at all, but consisting of one half chloride of sodium, and the other half of about eqaal parts chloride of potassium and sulphate of polasb. Kelp is of similar composition, and distinguished by containing metalHc iodides. In France, rarec was ased by the soap boilers as a good substitute for chloride of sodium, upon which a high duty was levied. In Scotland, kelp is a source of potash salts and iodine. \^lien the lye obtained from this ash is evaporated, the soda and potash salts separate one after the other; the latter are used in the alum works, whilst the mother liquor distilled with sulphuric acid and manganese yields iodine. Dickie found iodine only in those plants which were in actual contact with the sea, or to which sea water was carried by the wind; such were Licfim conjims, UtoHce armtria, and Crrnwaw mc- ritima; on the contrary, no trace of iodine could be discovered in Ramalia seopulonim and Salsola knli, which grow more inland. The fucoidal plants are doubtle;s$ the principal sources of the iodine in the ash. Soda is also produced on the coasts of the Caspian, as well as on the Egyptian and Syrian coasts of the Mediterranean and in Sicily [Itoehttta). I I POTASHES. That which is ordinarily called soda, is a carbonate of the alkali and crude potash, or potash is also a carbonate of potash, and is a substance of no less importance in the arts than soda. Potashes are never obtained by a chemical decomposition of any other potash salr, or as a product ready formed in nature, but always from the ashes of plants. It, therefore, becomes necessary at the outset, to become well acquainted with the nature of these ashes, which have also been much more thoroughly studied, than was the case with those of marine plants. For this reason, the following facts were merely generally noticed on a former occa^on (page 282). The Ash. — The science whose object it is to ioTesttgate life and its phenomena, teaches us that the vital principle in vegetables, re- quires, as food for plants, certain earthy and alkaline constituents of the soil, which appear more properly to belong to the mineral king- dom, and indeed compose its mass, quite as imperatively, only in smaller quantity, as the carbon, hydrogen, and nitrogen, which are supplied to plants by the air and from other sources. Theae consti- tUfota: potash, soda, lime, magnesia, oxide of iron, phosphoric and solphtiric acids are in fact originally contained in the rocks, which, by the destructive influence of the atmosphere, the changes of tempera- ture, &c., have become disintegrated, and their constituents being releasetl fiom intimate chemical combination, have fcmned with the lnd•KUet^S84. 286 RATURE OF THE ASH. remains of decayed regetation what is called the soil. From this source, thererore, plants have to look for this indispensable part of their food. In M-hal inanrier the mineral constituents are disposed of by the vita) agency of plants, what part they play in the vegetable organism, is for Ihi; present veiled in mystery; we only know, and that is here of the greatest importance, that a rery considerable porlion of the saline bafies are in combination with regetable acids in the plants. Thus poCnsh in the vine is combined with tartaric acid, in wood sorrel with oxalic acid, lime in other plants is found combined witb malic acid, &c. When vegetable substances, wood, &c., are destroyed by fire, nil the mineral constituents taken from the soil naltirally remain in a fixed slate, after the volalJIizatioD of the combustibli' matters, formed from the carbon, hydrogen, Sac. This residue is called the nsh, what- ever substances it may consist of. All the vegetable acids, which were fombinftl in the plants with mineral bases, are also burnt and leave carhonatti in their stead in the siih, inasmuch as the bases are of that class which do not lose their carbonic acid by heat, as is the case with the earths. The mode of combination in which the constituents are found in the ash, gives, however, a very inadequate and confused idea of their actual state in the living plant, as the temperature of in- cineration gives rise to violent decompositions, and new combinations.* Up to thi« time, the foUowinc bases hare been found in the ash: pot- ashy soda, lime, ma^tesia, nxtde of iron, and rnatiganese; the acids are : rar6t>nic, tulphuric, phosphoric, and these are accompanied by chlo- rine ;i the absence of aliiraina has always been observed, and is ex< plained by the insolubility of the compounds of alumina contained in the soil, which are thus prevented from entering by the roots of plants.} The extraordinary differences in the quality and quantity of ash. obtained under different circumstances, arise from various causes. Although diHerences of this kind in different species of plants would nut, perhcips, be thought singular, yet il is a remarkable fact, that the aslies of two snecimens belonging to one and the same class are seldom perfectly alike in composition, and arc oflen considerably at variance. The reseanlies which have been made upon (his sub-, ject leave no doubt that plants, in the absence of the one constituent of the soil, can take up some other, which to ihem is of equal value, as regards its chemical action, and that the bases replace each other and act conjointly with reference 1o the functions of the plants. Now as the action of a base is dependent upon the amount of oxygen which • An eilMfTn^ly iotere»iin\|[ paper upoa ilii» »iibjw, liy rmfpwor H, Ron\ apprn«(I iA tbe Clipmiml Giu^^iis for April, IMl, in which \lw fnllaMOU! mMliorl pnniin) in nil r<im>er atmlytr vf iuIl i« poinleil oul, «uJ » pkii more ciniraTmU« with tlii< iImupJ ot>)rct adrsnoril. f C(i\|>pi?r liM «lci been fooml in ihe Mb of clover gwurn in ih« npi((liT>o(l)iuodof M«»- r«M>. I Alumina liu recMiiljr been fbunil in tlie nth oC icvvnl pltnit, by Prinv* Salm- HtirMmar, and iu orcuitence uuMinted for by ilie Diet Ihai llimr plnbt. in ilic n»h of wliich ii wa n.niiiil. vxorvi^an »ci<I wliicfa ^iMoI'M til* klumiiui in ili* Kil. SrvChemi- cftl Gfuusiu lot AucuM. lt)4~. 4 NATURE OF THE ASS. 887 it contains, and is, indeed, measured by that quantity, the bases of such ashes — independent of ihat jiortion, which is in combination with the mineral acids — must together contain one and the same quan- tity of oxygen, which, indeed appears proved by the vcrj' close ap- proximations obtained by experiment. In the ash of & fir, Sausaure found 3.6 carbonate potash, 46.-14 carbonate of lime, and 6.77 car- bonate of magnesia. In the ash of the name tree, but from a diOerent locality, 7.36 carbonate of potash, 51.19 carbonate of lime, and no magnesia. In both cases, the oxygen of the acid in these bases is 9.0. The ash of a tobacco plant from the neighborhood of Debreczin in Hungary contained, in combination with carbonic acid, 43.91 pot- ash, 3.40 soda, 41.79 lime, and 10.9 niagne&ia; Ihat of another kind of tobacco, from the same neighborhood, 42.03 potash, 46.97 lime, and 11.00 magnesia, without any soda. The total amount of oxygen in the former case is 24.27, in the latter 24..^7 (Will and Fresenius). But even in the same specimen, as might have been anticipated, the nature of the ash varies with the part of the plant from which it wa.s obtained; different vital functions being performed by dilTerent organs, these have to transform and assimilate other kinds of food, and in variable quantity, and even this again is not uniform through- out the different periods of development and changes of season. Thus Saussure found in the leaves of the oak, gathered on the 10th May, ^.3, on the 27tb Sept. 5.5 per cent, of ash ; in the wood he fmind 0.2 ; in the bark 6.0 ; in the wood of the branches 0.4 ; in the bark of the same 6.0 ; in the inner bark 7,3 per cent, of ash. So in the wood of the white beech 0.6 ; in the sap wood 0.7 ; in the bark 0.7 per cent, of asb. Again, in the leaves of the poplar, gathered on the 26lh May, 6.6; on the 12th Sept. 9.3; tn the wood of the stem 0.8; in its bark 7.2 per cent, of ash. The extent of variation in the nature of the ash obtained from different parts of the same tree, will be evident from the following examples.* " RammrUbvTB has publislied aome very cuiioui [raulu 11)100 tlie power Of tdection ttscned by differoni orgnns ut l)ie mmv pLiint (ire Oivmical Gtxnw, 0:w>b«i I, 1M1). Ha KmumI pcUMli, bui nni n tmci* of uda in tlie «>mI or rape knd peN whilsi ttie unw jiMad bodi the nllwlie, but by far tlie lar)<et portion was bckIk. The nil ugxm which lbs pluua wen pown cvaninvd toih nlbnlie. Tlie follovtng table ezbibiu Uie point in qua«lioii botu^r than thnt in iJie text, ami Alio MoMOtbevcuriou tebtionii. The analyMis were condiicteil upnit llie plan reoiiinineiulecl bf ProfeiMot Rote, (aev p. 3M, not«.) /" •Md. Mmw. •eed. •Iniw PoiMh . 35.18 S.I3 43.09 tuo SodK .... — 19.83 _ 19.30 LioiQ . ia.Bi S0.U5 4.77 dO.M MagnniR . Pei>akl« of itou . 0,09 9.&R 8.09 &03 PlicMpIiofic Rnid . 4S.» 4.70 40.S6 9.21 Suiphuiia iciiJ , . 0.13 7.60 0.44 7.01 C«riionic acid . 330 16,31 0.71> 17,36 MariBtio ■Old . 0.1 1 19.93 1.96 7.15 aakteaoid . 1.11 OM 0J33 OdS 288 KATUBE OP THB ASH. Heft Wig. Will awl Fresenius. Carbon«l(> dT soHa ■ pimijh Clilorido o( eolliurn . Sijlplkfilp of iiftiasti . C«fljoi»teof lim« . PhosplMla or liin« . PrvU>]ii(to ortnangB- tiruft Baltic phtwpliale of iran " " ofalumina Solicit . of ttr. 7.12 i 1 1.30 I imce &a.u4 560 3.43 2.90 tnuM 1.04 1.75 S.&5 64.B 0.93 5j03 4.18 1.04 2.24 ■39.09 ia.4i 3.89 yasM 12.36 Pooub Soda . Lima . . . Oxiilc of iron r!iO(ii"lioiii.' acid . ChlonOe of •odium " uffKMmaium Sulpliuiic actil Silica . Ry. gmin. 17.10 l».06 S.41 1.36 3.84 0.&6 ass MJtO Lastlj, it is worlliy of remark, that the influence of aa extraordiaar soil is sometimes evinced by the composition of the ash. Amongst others, Bdttinger found in the ash of the wood of a fir tree, which certainly was sickly, and growing upon a doleritic soil (in the neigh- borhood of a manganese mine), 15 percent, of protoxide of manganese, whilst in heaUhy wood of the same tree only 2.7 per cent, was obtained. In general, as will be seen from what has been stated, the herba- ceous plants yield much more ash than shrubs, and these again more than trees. The trunk (wood) in these, contains little ash, the branches and twi(rs considerably more; but the bark and leares afford the largest quantity. Saussure found in the peeled branches of oak 29 eiiue.s as much ash as in the wood, in the bark 30 limes, in the inner bark 36 times, in the sap wood twice, and in the leaves 36 times as much (p. 387); so in the white beech, the sap wood con- tained 1.1 times, the bark 22 times as much as the wood. According to Hertwig, the quantity of ash from the bark of beech is 19 times that from the wood ; (he bark of the fir produces (according to the same observer) 5.4 times, the needles (lesTes] 5.8 times as much ash as the wood. These relations will be still more clearly seen in the following table, which contains all the determinations that are of peculiar interest for the preparation of potashes.f * In tikn manner SKUsiurn ubtninnd rnxn OownrinK veicliiu on smbla Und 12 pm cent, from ihe Mune plniii yrown in diniUed wuier, only 4 pet cent. v( tali. [t fmf. H Ejnmotts, from about \M tinnlfMa of lli« luhes af Amerkan wooda,hH dcviuoDit lb« followintt noiicluaiuni. " ). TbaiUtv \|in>[xirtiOii) of b«U in Ujk liinbi and bnuicUn ii gMOtei llian in lliviiMiile wood, «nil EtMti>r aUo in tliu ouuide tli.aii iiuidt; wood. tUough exceptions occut la the laiivr iiifcri'ti'-'o. " 2. In Ibi- hnrk of ibe trunk the laorfnuiic matter acquire the mBzimum praponion. "3. The alLnltn sciuice llieir iiiasimum prapurlion in tlie fruit* and enveloped. "4. Tlie pbophaie« acquire tlieir maximum (iioponion in the oulNd« wood, fhiits, ■Dd enTclopea, * 5. Limi^ IB found in iM mitiimuni proporlion in llie taik. "6. llie plio>tpha(«ii nntl allLaiiea aru Ibuntl in tti«ii iniiiiintUD prgpotuon in lfa« bvk gOt the trunk." — Ax. Ed.] ^^^V KELATiVE AMOUNT OF ASH FROM DIFFERENT TREES. 289 ^H ^^^HHV' Quantity of Aali in 100 pwta : Tana. ■ Species oT trea. pin bartii Ibcftfth. Kanten. .5 1 SauiauiB. i 1 11 1 (kk . . Wood yaun^ O.I 5 aid 0.1 1 3.30 uo 1.97 0.2 ^^ BfBn«h«B ■^ .^ 0.4 _ ^^ ^^M Bbrk __ 6JX) — — tf.O _ ^ ^^B LravM _ — — _ 5.5 1 (CbuoosO — ».50 — — — 07S — ^m IbidbMch. Wood young 0.37 old 0.40 ... o,ai3 0.S8 ^ _ 0.3B ^ Bark .^ ^ ^ ^ ^^ 6.S3 _ M (Cbuo«1) — 3J30 — — — 1.39 — ^H Borobcam Wood you/ig 0.39 old OJS — U4 1.13 0.6 — — ^M S^iwood ^ 0.7 ^p. ^H Baric _ — — — 13.4 ^ ^ ^^1 (Cbaicoftl) — 4.(35 -. — — — — ^^M 4M« . . Wood young 0.3 S old 0.40 — 1.39 — — ^ — ^M Krch . . Wood <M 0.30 1.00 1.07 — _ ^ ^ ^M ChMnxMl ^ ,^- ^_ 0.S0 ^^ ^^1 Scotah Br CP. piOM) Wood 0.16 — 1.6B — — — — H S»cJ» ^ — ^ _ ^ ^ ^ ^ ^H (Clwrooal} — — — — — 1.11 ^^1 rif<p. 'CUm) . Wood ftyang 0,39 old O^b — — — — — — H ftuk — — — — — 1.78 ^^^1 NoodhM — — — 2.00 ^_ 2.31 ^^H CClwtaal) — 1.24 — — — M4 .~ ^^M Pta» (p. (jlraticn) Wood fmmg 0.13 old ais 0,83 1,80 — t.l9 — — H Neodlu ^ ^ — — nm ^ 6-25 ^^H Sm^ — — — — -^ — ^H rchuNMl) Wood — — — r— Branches 1.30 1.38 — ^^H LinM . . 0.40 S.00 lAb ^ __ _ _ ^^H (Chvood) — . — — 3.«i — ^^1 Pofihtr . . Wood — -_ 1,306 t.S4 080 _ _ ^^H Elm . . Woo<i ^ ^ a-s8 _ __ __ ^^H A>h . . Wood — — S.90 — 1. — — ^^1 Aah in 100 pwu: Saavai 1 Elder . 1.64 Benhtei. \| Wild roM . 071 HbUetnt ^H tt 1^4 Motlerat Hmb . Ml ^H IIkmI '. OM SMUHin. Grc»n-W6 «d, or Wortlebcnj' . 3JB0 Whin . ■ ^H It 068 Mbllent. Rockla , 1.66 ^B EU»r . i.ie " Blftckbcrr r- ^B Bkrberry 0.71 - Broom MB ^H ^^ JoDtpei IJ4 " Sumach • ^H B J 290 CONSTITUENTS OF JBZ ASH. A>b in 100 pans: Hbbk ^ Potato iiraur , " leaves 15.00 i.ia Brnhi«r. Molicnt. Hatse •iravr (com Stalin) P«aM baim . 5.05 H«rlii^i(. Canp, Item 1.70 Eamwi u u 11.30 BouidnsBBlt. Fom . 2.7J " [I a 8.10 Sftusaure. u 3.90 Mollent • Oat f tnw 5.10 BouMingaulL ti S.l» P<^ut». Neule . . 10.67 PoTtuis. PlaDtoin Icttm . 9.23 AbbciK. Thistle . 4.03 ■ " bfonchM 3.30 RMbM. 4.13 bi Acturi 9.4a •• WhflUBBnr 4.40 Bonliiot. Vino . . . 4.63 » u ■> 9.00 Souuin^AalL Gr«p« itolk . 8.89 - U H 4.:io Siumr, Vine piih 7.39 Bl«n«iiu. Rye finw 0.30 Kanuo. Pitw from UKiiber plBC« . 3.57 " By««nw 3.60 BoUHOlgBUll. Constituents oftlxeJith. — The constituents that are found in the asli have already been noliccd in a general way. The basea are united with the acids in such a manner, that the \Fbole appears to be a mix- ture of alkaline, earthy aud metallic aalls, a mode of combtnalioa, which as it exisl.t in the ash, is more probably referable to the heat employed in incineration, than to the vital agency of the plant. If the ash is treated with water, an important separation results; all the sulphates, chlorides (some silicate), and the carhonnles of the alkalies in particular are dissolved — the really valuable portion, therefore, of the alkaline consiiliaents — whilst the carbonates, phosphates and sili- cates of the earths remnin insoluble. In examining ashes, therefore, it must never be omilted lo aKcortain the relation of the soluble to the innoltihle portion, i. e. the value of the ash to the manufacturer of pot- ash. The best amongst the older determinations, are those of Berlhier; of the more recent, those of Fresenius, Hertwig, Bottinger, and others. Aooording id Benhin. ^ ConKituffnu or iUO \|Muti of mil. Cubonio ncid, 'Sulphuric acid Mui»tic acdd . Silicic Mid [■ouah . Soda TogcUier 1U.33 3.65 I.IO 0.B5 0.16 J 10.45 IHJJU 16.W 2M 0.07 0.O] 0.03 13.00 \tA a.3a. * In tho following mbln, tbe entire •guitntity of lli? voluble ooiuiiiuriiia added ya ilM of tti« iiuolubUt. amounis in <Bcb cam io 100 ; but u ibera is iDvoHably ■ loM in wp* rating by annly^tis Uie difierent snbatnncM compoingtlii.'ah, lh(* ndditioo of dM UUmb^ta apinat iiacti cvuititucnt doM act nlwajrf maka up ibat »um ; tfa« deRoiency, th«r»lbr«, Mcbibiti the atnouni of Iom. In tamo cues, however, the deBdeiM^ viwa tnta ifaAj whole of tiic coiititu«nU not liBviiiK bean estimaiad. CONSTITUENTS DP TUB ASH. S91 'Onbon>c nc-iil . 26.V2 S4.43 87.53 34.9!) 26.&I 37.22 Phofphoric add 8.11 7.22 4.77 O.Tl 6-27 — SilieiiOKiid 4.05 3.30 4.S& 3.36 i.sa 1.03 Lime .... 3t.31 3S.73 35.66 4S.41 39.05 47.78 Mbkiuw fl.33 5.70 5.8e 0.63 7.15 0.75 Oiido of iron . 1.30 0.0S 1.25 ^ 0.09 — (Hide of mnngnnoM 2.76 5.70 3.77 — 2.60 fi.98 ToeettMt ... 80.78 83.0S 83.70 B8.0 84.5 03.75 CoDfunimtU 1 — I ~ 5 Is <* 1 to _9 ■a § 1 L c E n a ■s 'J^gttlriSMid. 2.U6 2,72 7.7 B 7J4 2.En m Muriade add , 0.81 0.37 1.24 O.S0 3.75 17 ai9 0jO3 0.04 0.06 o.»a ^ Silicic Biad 0.17 Q.IG _ O.SB ].og 0.18 £ -l I-W-Wi .... • Swia .... ; 6.55 J 12.72 J 16.80 15,32 22.35 4.41 3.S3 bS L'l'oEnllx!' 10.8 IfljU ltl.8 26.7 500 13,e 'CuhMiiD Boid 35.75 26.04 2417 17.17 10.75 32.77 a I%oq>boric add 2.51 3.61 6.25 3.14 0.90 0.91 Silicfeacid i.m 4.62 .06 5.97 6.50 4.19 Um» .... '16.53 43.SS 40,70 afi.72 13.60 3S.51 — J MoKDenH I,fl7 3.52 2.03 3.28 4.35 9.50 ^ OxidB or iron . 0.0» 0.42 ■i.n 10.53 11.15 Oj09 1 " mnngaiK^se 0.54 a,w — 4.48 a.75 0.36 Tc«f!tfaer 80JZ 84.0 ai.-j 74.3 fiOil M.4 According Co BcTlliivr. CcxutituenCe i 1 1^ 1 E of 100 paru of Bkli. % £ t£ ^ Catbonii^ ni^iil 8.83 3.11 7.71 DacB 0.26 4.35 1 Sulphuric Bad . 2.09 0,7 B axw 0.20 a97 1,62 i Mumtic Bcid . l.Ol 0X>8 0 13 1.31 0.50 3.10 9 Silicic arid . — 0J18 0.0» 3.53 .•• _ CI ' a Soda 13.16 2.91 1 11.27 InM 5j05 I 2.47 , ' 19.64 1 TagetlK)! . 25,0 15l4 3L5 10,1 4.3 19.0 Oirhonio acid , 31.73 32.33 22.0fl v-v I7JW PIxMplxffio add 1.36 4.19 5.83 1.08 &jB8 Silit'CL' acid a.i9 3.67 2.23 73.36 36.4 15.48 Lime 34 At 37,06 34.57 8.72 30JtB HAgOeaiB . 34H aR4 1.76 OM Oxide or iron 0.38 3.S0 Oils 242 <U0 0,98 — 1.26 } 7.25 { Poiuh. 0.60 TageitK 75.0 84.6 68.5 , B9.9 95.8 71.10 292 CONSTITUENTS OF THE ASH. Accardinf u> Hetrwig. CunitJtuenu or 100 (iiruofuh. ' OubcamU! of ]x>uuh " of tcMla Chloritle i>r (oiliutn SulpLnte oT polaab Silknte oT pccavli TogeUin I 11.73 is.a7 trace 3.4 S 87.77 3jD8 I0.7S 1.96 3.90 12. 1U 13.32 t6.0ft 3S* E I 4.lfi 8.21 4.rt.T 10 75 aa.9i 21.03 I" ■■ of ndft ) Svtphate i Chtondfi of aodiom 2.28 0.91 1 CmUm. of lime 49.M 04,7« 63.33 38.S0 47^1 48^ i 5 Mn^nrsia TJ-l 10.00 1.H6 1.92 4.03 3.7ft Phoap. of lime '-i.'Si 2.71 s.3a B.43 Mfl 5.73 " AIujtnesiH 3.93 O.C< 6.4tS 4.37 a Btuie " of iron D.7U 0.46 0.86 346 o.eu 1.30 H " " alumina t.M 0.84 0.71 IM 3.75 s " ■ inioB»uii- 1.59 — — — — 2 Sil«;n . a, 40 W.l> msi 7.97 7.81 29.81 Tcveihw . 72.33 9fl.9B ee.3o 65.97 72.18 93^3 rscannci. ■Srxt ■Eawm. It Bje stEKW, Red beech wood. Pirw? wood,* (P. BylveBtriB.) Silkate of f)onuh 6.88 Chlorine . 0.133 . 0.89 ' Sulphate of poUuh 1.75 Silicic acid 1.459 . 3.03 s Chlofid« of potamum 0.95 Sulphuric avid . 1.351 . LM K " lodiuin . 0.50 Phoepfaorid add 0.803 "<* '9 Silirala oflinie . 4.19 Oxide of inn . ■-\ Mngtie»n . . O.70 Lime 63L244 . 31j87 tj Plioiphntcof limo a.&o Mapiad& . 11.27U . 19.71 a ' miiHiiefia 1.28 PoUuh 16.7« . 9.W t^ won 1.47 Soda 3.877 . 16.01 " niangaiiFM inue 19j47 Praiaxide ormanganc •e — . 18.13 £ 'Silk-ate of i>otiuh 931 AlWr the ileductiDD ol '' the carfaoniD uid. " liin« . 3.43 " tiiiu!n««ia 1.10 In one tingle jniint iii!a onlj', in the leedl Pliwpliaiv of iiou . 163 of barley from Prcn di Swiizcrland, hu " maniciuiMe tmee riuorloe been Ibund a a a conalilucn) of ibo •a ^Caiban o.« 60.5C Wlb. What kindi of Plants arc Employed. — It is self-evident that alt the constituents of the ash must be valuable as manure, in proportioa as ihe^ are indispensable to vegetation, or inasmuch as they cootaio everything which arable land requires for the retention and increase of its fertility. In agriculture, where a greater quantity of the mine- raJ conMitucuts are taken from the soil in the crops oad produce, than 1 " Fram a nekl/ tmnk, p. 389. PRODUCTIOK OF ASHES FROU YEAST. S93 I replaced by the soil from its own mass (by constant disintegra- tion), it becomes necessary to return, as far as possible, the substances in question (in the form of manure}. The whole profit, for example that could be derived by exlracting potash from the ashes of needs grown upon arable land, vould, in other words, be so much deducted from the fruitfulness of the soil. It is a difierent case with forest cul- ture, which, in removing the wood from the soil, does not impoverish it beyond what nature, without the aid of man, is always able to Teplacc. There are, therefore, no great objections to the extraction of pot- ashes from tbe ashes of fire wood, whilst the ashes of other plants can only be used for that purpose, when the othrr interests of husbandry are not materially injured by it.* In some thinly populated countries, as in the north of Lurope, or in the United Stales, wood is in such abundance and so cheap, that it can be burnt solely for the sake of the ash. In the same manner straw and weeds can be consumed in Russia, where manure is of very little ralue. In other countries, on tbe contrary, the production of ashes is only secondary to the produc- tion of heat in sloves, &c. Besides these sources, yeast and the lees of wine are used in the wine districts, in the north of France (at Va- lenciennes), the residue from the brandy distilleries ; and lastly, in Jara, the stems and leaves of the indigo plant, after the separation of tbe coloring matter, are used as excellent materials for the production of potashes. Production of .^thes from the Yeast or Lees of JVine. — The yeast, which is collected into one common vessel, after the wine has been fer- mented and drawn off, is allowed to settle down completely, in order to separate it from tbe remainder of the wine. A thick mud remains, which is brought, about ^ of a cwt. at a time, into bags and pressed. The cokes should be bent in a curved manner afler leaving the press, that they may dry readily and completely in the sun; they are con- sidered dry when they hare become brittle and pulverizable. llie combustion of these cakes of yeast is performed upon a kind of plastered thrashing Hoor, which is surrounded by a square of loose brick work, to keep Ute ashes together. At first this wall is low, but it is heightened as the heap of ash increases. A bundle of twigs is first ignited in the middle, and a few cakes are placed around it, to which others are added as soon as the former are at a full red heat; and this operation is kept up until the stock is exhausted. The great {KHDt is to regulate the fire in such a manner that the whde shall be completely burnt, without creating such a powerful flame as would carry olf particles of tbe ash or volatilize too much alkali. Tbe in- cineration of 1000 cakes of yeast, which together weigh 60 cwts.. * TIhu Hcnntfftidi'* flan of {>litiiiinK wormwood Cut ikc g.'rodaciion of pomh onuioi ha tuictly Mlowttd, &lthauKh thia ptauit will iptiw upon -rcry pooi tail. AononKnt to BMmtxtUl'a own expnimcrnia. one Mm\|{ileburg acre (^ 16UU0 aq. fttti) «flard* in a fOmnm time nofM or 90,000 Itx. vtthedty plant, wbich prudncv 93^4 lb, of aih, nixl flan il 93S.6 ftt.of fomhtt, whkh is cqniTilent to 11.8 pexfient oTMlt, wid -1.7 prr OMit. vT pntoaliM. 394 PRODUCTION OF POTASH. aflbrds on an average 10 cwts. of ash of excellent quality. The leea of wine do iiot produce quite so good au article. The name woad ash (Waidascne) given originflllyto this substance in commerce, as well as 1o the better sorts of ashes, or to ail those which were intended to pass as such, arose from the best kinds of potashes being selected by dyers of blue color to supply the tcoaH tubs. In the JCortk. — From the north, from Sweden, for example, a crude kind of ash prepared in a peculiar manner was formerly brought into commerce under the name of Ochras or Olci'as. For the preparation of this ash, old decayed trees were selected. The wood, split up into billets, was burnt lo ash on the spot, in a low situation protected from the wind, and with as little fire as possible; the ash, having been sepa- rated from charcoal, half burnt wood and stones, was collected toge- ther in a shed. M'hen a suiTicient quantity had been brought toother, it was submitted to a kind of crude calcination. This operation com- meuced by the workman transforming the whole mass by the gradual addition of water and constant agitation with rakes, into a dough, or stiff mortar, which was then arranged in alternate layers with pine- wood, so as to form a sort of pile. Upon a series of billets Arranged on the ground, a layer of this dough was ileiKisited, then another series of billets in a cross direction, another layer of the ash and so on. After igniting this pile, which was several feet high, and in which the fire was urged to its greatest intensity, the nsh oecame red hot and fused ; when this slate had become general throughout, the pile was destroyed and the fused mass stirred about with poles, to which it attached itself for the greater part on cooling. It had the appearance of slag, and was of a bluish color. The production of Potash, — At present no crude ash is brought into the market, like that we have here been describing, but only the potash itself. This is obtained by extracting with water all the toiubte portion of the ash (containing all the carbonate of potash and soda), evaporating the lye and heating the residue to redness. JAxiviation. — The process of lixiviation is similar in principle to that practised with crude soda, but is earned out in a still cruder manner. The tubs used for this purpose, are generally merely tar barrels sawed in half, a number of these are furnished with two cross beams upon which rests a false (siere like) bottom covered with straw, and bifiow this is a plug a; these are called Fig. 125. ,he ash tubs. Fig. 125. In order to facilitate the descent of the lye into the space between the two bottoms, it is as well to introduce a tube 6 at the beginning for (he escape of the Hir. The ash cisterns are arranged in a dou- ble row one above the other; the bindermost upon a scaffolding, and the front set upon wooden stands. Parallel with these and in great part sunk in the earth is a third fore- most row of empty cisterns, " the toeUs." POTASB— EVAPORATION OP TBE LTE. 395 Before charing the ash cisterns it is necessary to sifl Ihc ash from eoal and charred wood [which are thrown upon ihe fire) and to moisten it thoroughly, that the water may pass through it of uniform strenglh. When all the cisterns in both rows are charged wiih moist ash, which is finnly pressed down upon the straw, that no interstices may be [oA, the Uxiviation begins, and the first cistern in the uppermost row is supplied with a quantity of fresh water. In taking up the soluble portion from the ash, this becomes converted into a strong lye, on leaving a, and being in a fit state for boiling, is immediately brought into the pan for evaporation. In the mean time a second portion of water is poured upon the ash in the first cistern, which is by no means exhausted; a second much weaker lye is produced, which is allowed (a run into the first ash cistern of the second row, whence it also issues in a fit state of saturation for boiling. 'ITie third portion of water is still too weak on leaving the first and second cistenis, and is only fit for Iioiling afler having passed through a third cistern (the second of the upper row), thus every fresh portion of water comes at last in contact with a fresh portion of ash. Whilst the furthermost ish cisterns are at work, those first used can be emptied and refilled. In this manner some of the cisterns are always ready charged for bringing up the lye to (he proper slate of saturation, (it should con- tain from 20 to 2b per cent, of salt,) and as water is poured upon the ash as long as anything is dissolved (which is estimated by the hydro- meter), no portion of the soluble matter, no potash h lost. By treating the ash with cold water, nearly all the sulphate of potash would remain behind; but partly in order to increase Ihe weight of (he potash, partly because the potash in that salt is made av-ailable in many of its appli- cations, it is thought preferable lo use hot water, or at least towards the end of the operation. The simple and appropriate process just described, which is that Eractised at Blansko, in Moravia, is not so generally followed as it might e. In the Odenwald and Hinterland (Grand Duchy of Hesse), tlie imperfect method of solution gives rise, timongst other incouveniences, lo a ^at waste of fuel. In the latter district, the lye with which the pan IS supplied is so weak, that the fire must be kept up for 60 hours, m order to obtain by evaporation from 70 lolOO lbs. of crude potash. Evaporation. — The cast iron evaporating vessels should be tlat, and in the shape of pans, that a large surface may be in contact with the fire, and at the same time expose a large evaporating surface. More space is thus afforded to the workman lor breaking up and re- moving the mass of salt, while (he bottom can be supported in several places. The same arrangement for applying heat as that employed with the salt pans (p. 256) is the most appropriate, and the flame in escaping is advantageously used for warming a feeder, whence the evaporating pan receives its supply. The evai>oration goes ou quickly at first, and the evaporated water is constantly replaced by lye of the proper strength, until the contents of the pan become thick and syrupy, and a hot portion of the lye quickly solidifies to a crystaline mass on cooling. No further addition 2»6 POTASH— e VAPOR A Tin If OP THE LYB. is then made, and the whole is evaporated to dryness at a moderate be&t. In this manner a saline mass is left cont&ining about G per cent, of water, and firmly attached to the bottom. The color is derived from empyreumatic substances, which give a yellowish-brown nppcBfBnce to the lye. The crude polash, or the flux (Fluss)^ has now to be broken away from the pan by means of chisels or axes, and the evaporation is then commenced anew. To avoid this opera- tion, the lye may be evaporated to dryness with constant Ktirrin^, which prevents the salt from adhering to the sides or bottom of the pan, but is by no means a less laborious operation, and aHbrds a salt containing at least twice as much water; the pans, however, are less subject to damage. In Russia two kinds of potash are at present manufactured ; namely that from wood oshs, more particularly in the districts beyond the Wolga, in the government of Xischnt'i-Xovogorod and Kasan ; and that from the ash of straw, and the vegetation of the l^eppes, which Is brought from the south, and is only about 10 per cent. less rich than the former. The production of ash constirutes one of the fiscal duties imposed by the landlords upon the peasaotry in those countries; the method of preparation is consequenlly carried on upon a lai^e scale on the estates; but in a crude and somewhat different manner. The ash (obtained from fire^hearths, and by burniiig the weeds), is three times extracted, and the lye is evaporated in flat copper pans heated by a straw fire, not to dryness, but in the first instance, only to the point of cryslalization, when it is drawn oflT into wooden cisterns. Impure carbonate of potash deposits in brown crystals, which, after being drained are calcined in a mufile furnace (see below). The mother liquor is returned to (he wells. In these countries, the whole value of the straw and brush wood, which is used as fuel, consists ia the asti which it produces. The residue, left after lixiviation, is employed in the glass-houiea for the production of green bottle glass, and is also valuable as a manure, on account of tlie phosphates which it contains. When it has been exposed for some time to the air, the carbonic acid decom- poses the silicate of potash, and on lixiviating it a second time, some more carbonate of potash is obtained, but in much less quantity.* The value of the soluble salt from the ash (the potashes) is much increased, and the salt is rendered more appropriate fur many of its uses, when, as is here and there practised, the ditBcuttly soluble sul- phate of polash is separated by evaporation and cooling from the lye which has been saturated with the soluble part of the ash, and wheo two products, this salt namely, and a better kind of potash, are brought separately into the market : by the plan adopted at present, * Aocotding la m old obMtnMiim, ub which bfti ioog beca kq>t nnd Mored up, pn^ . duce* more potub. A trial Ima ■!«> tiorti mad* to iocmte ilie «iiiouiil of poMah hf whmt w mnnvd ' Gtrmmg" (Kmmnn), vrbiob WDiigtB ia ipmdinic out the lifted and nolMnwd uh upon n lerd ttanr Boot, vrhen il renwiiu expofcd for Krerel monibi^ luid i> ftetiucnll}' wcdcit iind tum^ orn. Both pivciicm mn explained upon the tamo prindpte. 1 CALCIVATIOX OF POTASH. 297 I I I I Ae sulphate of potash which many consumers of potashes do not use at all, U separated bj each of them during purification; it is thus collected in small quantities in diflereut places, and its ralue is lost to the alura tnanuractarer and others. CaicinatioR. — Crude potash, as has already been observed, cod* tains water and empyreumatic substances, which must be destroyed by a red heat, by " ctUawUicn," The calciniog furnace for potash. Fig. 126, diiFifni from aa onUoaTy reTerbemtory furnace in having a Pig. IM. double firing (with the grates a,a, and the ash-pit b and b), which is separated by two narrow iron plates (fire bridges) f,f, from the work- ing or caidmng htarth, (he latter being from 3 to 4 feet wide. The space h is left ojien, that Ihe sole c may be kept more dry, and to economize srone. The arch e is also not necessary, and may be used for any other purpose. The air, which feeds the fire, has access through the ash-pit 6, and the er^te a, to the fuel, and produces a flame which plays above the fire uridges (,f, over the calcining hearth. That the flame may be sufhcienlly long and lively, dry wood in small billets must be used. Before introduring the charge, the furnace should be heated and thoroughly warmed until it is perfectly dry, and no more moisture is deposited in and about it. For this reason it is advisable not to allow the furnace to cool between two consecutive operations, as the warming is a source of much expense. As soon as the furnace has nearly attained a red heat, about 3 or 4 cwts. of the crude potash is broken up and spread carefully over the calcining hearth. The mass now assumes a different appearanne, depending upon the greater or lesser quantity of water of crystalization which it contains, and this is evolved with more or less frothing; when loo much is present, the operation is impeded, inasmuch as the heat can then only be raised very gradually, by constant agitation, the water is driven olT in as uniform a manner as possible. Af^er the lapse of about an hour all the water has been expelled, and the heat must 298 COHSTtTUEXTS OF CALCINED POTASHES. then be iQcreaseil, that the whole mass may become red hot, aod that the air in passing through the furnace may consume the com> bustible and coloriDc; matters. At Ibis period, (he potash takes fire, and burns with a name of slight inlensityt becoming black by the carbonization of tJie combuslible matter; it, however, soon becomes clearer and clearer, until, at length, a sample appears quite white, and free from carbon. An incnistation generally attaches itself to the sole of the furnace. To remove this, Ihe ttame must be allowed to play upon it, when it softens and is easily loosened. The white calciued ash is then removed and allowed to cool ; but must be pack< in close casks before it has bad time to absorb moisture from the air Crude potash loses about 15 or 20 per cent, of its weight in the caU cining furnace. When caution is not employed In managing the heat, and the mass fuses before the combustible matters are destroyed, they become sur- rounded by the fluid salt, and are decomposed, merely leaving their charcoal intermingled with (he potash, which then cannot conse- quently be burnt white. Fortunately, carbonate of potash is difficult of fusion, and this evil can only occur when the ash contains a large proportion of chlorides, which fuse at an incipient red heat. Calciued potash is a hard, light, porous and g^ranular saline mass, the white color of which merges into pearl gray, or becomes yellow- ish or bluish. Single pieces often exhibit blue and red spots on the fractured surface. The red color is caused by oxide of iron, the gray by intermingled particles of carbon, and the blue by the action oflhe alkali upon oxide of manganese, giving rise to a minute quantity of manganate of potash. ConsiituaUs of Calcined Potashes. — Commercial potashes are never completely soluble in water; sometimes a consideraole residue is left, at others only a few light flocks remain ; this partly arises from the imperfect filtration of the lye through the straw in the ash cisteraSt but cliielly from the calcination, in which operation a small quantity of crude ash from the tire is mechanically carried over by the Hame, and deposited upon the potashes. The following substances are tbos» , which have as yet been observed in potashes: S lu (/ut xvlubie portion: neutral carbonate of potash, sulphate of' potash, chloride of potassium, silicate of potash — these are always present : there arc sometimes found in addition, neutral carbonate of tioda, phosphate of potash, sulphuret of potassium, manganate of potasli, bicarbonate of potash, caustic potash, and organic matter.* In the iiisolubU portion there is always silicic acid, and some- times, silicate and phosphate of lime, carbonate of lime, pho^ phale and carbonate of magnesia, oxide of iron, protoxide of manganese, alumina, and lastly, sand and carbon. The caustic pota&h is due probably to the addition of the slaked * Tha obwmiion mnda bjr Pniii«z, ihn iodine Is prmeni in tb« poofbe* ^Vom tb« MoMlIlav nqDim tUnLoi conilrmaiign. C0K8T1TUEKTS OF CALCINBD POTASHBII. 399 limp, and is only fouod in American potashes. The sulphuret of po* tasnum, on the coalrary, is produced by the action of the organic matters, which combine with a portion of the oxygen of (he sulphate of potash. The traces of bicarbonate of potash, which hare been met vith here and there, can only be accounted for by supposing neutral carbonate of [lotash to absorb carbonic acid from the air on being kept exposed for a tenc^h of time. The presence of the other sub- stances is explained by reference to the analyses of ash (p. 290). It must also be stated, that potash manufacturers are in the habit of mixing chloride of potassium — which is obtained from the under lye ID soap-boiling — sand, Slc., with their goods, much to the deterioration of their quality. Hermann found in a complete analysis of the potashes from KasaOf the following ingredients: ( Carbonic acid . . . 27.790 ^Potash 47.455 ^Soda 2.730 Sulphate of potash . 17.062 LChloride of potassium 3.965 VChromide of potassium \|Pho5phate of potavh . rSilicic acid .... In the iDiolubta ponioa. Lime 0.054 Alumina .... 0.012 Manganic acid . . 0.013 Silica 0.1.32 trace 0.443 0.344 99.789 Soluble portion 0.211 99.789 100.000 In European commerce, the various kinds of potashes are classilied, either according to the locality whence they arc imported, or accord- ing to the route by which they arrive; thus we have, American, Rus- sian, Turkey, German, Moselle, lllyrian, Saxon, Boliemian, Dantzig* Heidelberg potashes; they are seldom distinguished by their color or appearance, as is the case with pearl-ash. For certain purposes, more particularly pharmaceatical, "purified potajh'^ is prepared sai tartan, which consists of potashes separated from all insoluble matter, and from everything but alkali in rombina- tion with carl>onic acid. Commercial potashes arc then either treated with an equal weight of cold water, the lye strained and evaporated to dr^'ness — an operation which it is often necessary to repeal — or the polaahes are dissolved in 2 parts of boiling water, and the concen- trated filtered lye set aside to cool, that the sulphate of potash may separate. The decanted lye is evaporated again ; when white car- bonate of potash crystalizes this Ls then drained and dried. In the former process, the purified potaah contains nearly all the chloride of potassium, and much silicate of potash; in the latter but little of either of these substances remains. 300 ALEALIMETRT. ESTIMATIOrfl OF THE TALCE OF SODA AJVD POTASHES. (alkaumetey.) The %-a]ue of these two substances to the arts is dependent upoa the extent of their chemical actioD ; this action is solely exerted by that portion of alkali which is loosely combined, and can easily beset free to serve any purpose for which it may be required in manu&c- tures. With the exception of a few instances^ which hare cither al- ready been noticed, or will be meotioaed in the sequel, this is entirely conlined lo tliat portion of alkali which is in combination with car* bonic acid. The value of soda is, therefore, proportional to the quan- tity of ioda contained in the carbonate; and that of any kind of potashes, to the amount of alkali, potash^ in the corresponding salt. A complete chemical analysis would be the surest means of ascer- taining the amount of soda or potash, in either of the crude substances ; but the tediousncss of the operation, the great practice required in maniputation, and the cost of apparatus, render any such method nearly impracticable to the manufacturer. An essential service has, therefore, been rendered by chemistry to the arts, in pointing out a mode of ascertaininc;, with sufhcient exactitude, the amount of soda or potash in the cruue salt, which can be carried out in an ojf-hand manner, without material cost, and which does not require any great amount nf practice or dexterity in its execution. PrincipU* of Alkalimetry. — A« the action of any of the stronger acids, for instance, sulphuric acid, is only extended to those salts, or can at least be restricted to those, upon which the practical use of soda and potash depend, (to the carbonates of the alkalies, therefore,) the common alkalimetrical methods are founded upon the decomposi- tion of these salts by an acid of this Wind. For this purpose sulphuric acid has always been selected as the most energetic and least ex- pensive, as an acid that can be everywhere proenred, which is not volatile at common temperatures, and can, consequently, be weighed or measured without fear of loss. In fact, carbonic acid is completely expelled from its compounds by sulphuric acid. The law of definite proportions will, of course, be applicable here as in every other de- composition or combination. In accordance with this law, 1 equiv. of bydrated sulphuric acid (SO,, HO) « 613.64 is required to unite with 1 equiv. of potash (KaO) = 589.9 contained in 1 equiv. of car- bonate of potash (KaO, COJ = 864,9, in order to convert it into sul- phate of potash, and the same quantity will unite with I equiv. soda (NaO) = 390.9 from 1 equiv. of carbonate of soda (NaO, CO,) — 665.8 in forming it into sulphate of soda ; in each case 1 equiv. of carbonic acid will be Hberated (CO,) « 275.0; or, 100 pMl« ot iMtMli rei]Bit« for MMitrILnU0B l<M,3 of hydrUtd MilpkaHc Mtd 100 - - (oda - .. - ua-a " _ caffcanalc UO 1M oTMxIm ftt-IS - >iuir, 1 pan oratwntod cMbonM aciil corrcKmidi witta S14A orcarbonUaoftiMMk. ALKALIMETRY— aAT-LUS8AC>S METHOD. 301 I By ihe oI<Ier methods, the measure applied, to aseertain the value ol' potash or soda, was the quantitjr of stiljiburic add whiili is re- quired to expel ihe wbole of the rnrbonic acid: the idea was first broached by Richter, afterwards put inio practice by ihc French chemist, Decroizilles, in ISOti, and has since been rendered much roorfl applicable by the improvpmcnits of Gay«[jissac." The more recent method of Will and Fresenius makes the quan- tity of carbonic acid ihal is expelled by sulphuric acid, ihe measure of allcalinily, Giii/-Lutsact Method.— The peculiarily of Gay Lussac's method, and of those of his predecessors, is, that all weighing operalions arc converted as much as possible into measurements ; and it will also be easily perceived, that the certainty of this test depends chiefly upon the accuracy with which the amount of hydrated sniphimc acid is ascertained in the dilute acid {iest acid) used for saturation. Gay- Lussac attains this by carefully weighing 100 grammes of pure sul- phuric acid of sp. gr. 1.8427 at 15" (S9* F.) aud OG'i.Oa grammes of water,f which on being mixed and allowed to cool [to 15° = 59" F.), exactly occupy the space of 1000 grammes of distilled water, or 1000 C. C = I litre. In making the test-acid, the measure, which is divided from t1iplK)1lom upwards into half C.C, is filled to the upper- most line, to the 0, thf-refore, with test-acid. As this arid contains 100 grammes of hydrated sulphuric acid in 1000 divisions of the measure, the — C. C. of the glass will contain exactly 5 grammes of acid, which, according to the law abovr, will require an equiralentj namely 4.807 of pure anhydrous potash lor saturation. This quan- tity 4.807 i.-!, therefore, wetghi'd from ihe mass to be examined ; if it were pure potash, the whole of the 100 divisions of the test-acid would of course be Just suHlcient; if it only contained one-half lis weight of pure potash, then 60 parts or divisions would be required; if only \th, then 25 divisions; in short, there would be just as much per cent, of pure potash contained in the specimen, as is indicated by the number of volumes of test-acid required for saturation. * On Ihe aiiihAriry of Mr. GrKKn, of tAmtoo, who haa pnKt a grml dMi or ftit«n- tkia lu Uie >lkatimrii]r, nnil wlioop protniinl work u\|<od iIibI (ubjpct i> ■iixJoul}i' looked ibr, we muy muic- thai a very nooureie tnethoJ uf Mlimailng [Lie value of iRimtlm wtu \|wbliihe<l hy Vt. t^wit, tiMflya quarter ofKOentury he&rt (be pabliratinii nrRtrhitr > eilMtrinientB, arwl CTin»«ju«iiill)f at a mwli pailiei ]wriDtl Ltian thotn of lM.iuiz)lltw, a> lh« mult of ibai gi^nil«mai)'* iiivi-niiKa'iun of the flt»i poiavliM inUMluvwl into Ciigland tnna the MfmyofNcw York. The iHimplLlei iJ eniitleil''Ei()«rin)«nuandOb»ervatianB Ml A'Dcricaii fititailicrs, willj an miy iiiFlhoil ut drlifimintuii ifaiiii reapcctiva quatitisiL Bf W. Uwii, M. D, F. R. Sh L>jwiw, ITiH." t That ilie practical man may be fpored ihew wei^lunes. twa gtass flaiki are always ■oUl wirli Gay LiitMc'* aiijinniluA, (lio utie of wliicli wlii-n lllletl u(i lu a ca^rtain iiiailc, iu the narrow neclt, containi al 13° C. exacity Al-Mi C. C. (= lUO Knimmiw) of Hticb inl- phurio acid ; (lie ollirr, Itlkcd in like inannrr U a ccrlniu itinrlt, curitniiu 1000 C C. If the oonivnu of tlii< Oni( ar« pniited into the second, and ic b ibeu filleil up to 1000 C C. wilhtlNtillotl water, wv ohtaiDihe ae<xBaaty lunntitjr of acid of the proper atrciigth; for MCety, it a heiler to add iLe ac-iil gmduiklly to a portiOD of t}ie water, and not tbe water m th« aciil; ibe wlu>le U then flUef up co lOOO C. C 2a 303 ALKALIMGTRT— GAT-LUS8AC8 METHOD. In testing for sod;i, an equivalent to 5 grammes of acid must dn^ be wcigbeu, which is 3.187 grammes. Small quaniitirs, like 3or4grammes, cannot be weighed with great accuracy upon a common balance; Hay-Lussac, therefore, recom- mends that 10 limes as much should be weighed, therefore, 48.07 potash, or 31.87 soda, and dissolved in so much water that the whole ^al! occupy 500 C. C. "When by means of a pipette, Jlh of this is taken as the test-quantity, the quantity thus measured will be a closer approximation to 4.807 grammes. A glass, graduated into 500 C. C. and a pijiuttewith a mark showing 50 C. C. must be procured fortbis purpose. The volume of test-acid employed will also indicate the per centagCt without further calculation, when the acid is so apportioned ih&t the measure shall contain 104.2 hydrated sulphuric acid for potR<<h, or 1&9.9 for soda, and each experiment is made with 100 parts of potash or soda. Pure sulpbutic acid, such as is requisite for Gay-Lussac^s method of testing, is not always to be procured, but Otto has shown, that common English sulphuric acid may be substituted, when its power of saturalion has been previously determined. This is then ascer- tained by a previous experiment, and for a large quantity of acid, vrbicb can afterwards be used for a great number of tests. A pre- liminary experiment of this kind is made by testing the arid diluted wiih about 12 parts of water by means of an alkali, or what is the same thing, hy means of a carhonated alWali of known purity; dry carbonate of wxia, which has been prepared by heating the bicarbo- nate to redness, is best adapted for this purpose. If a quantity is taken equivalent to 100 pans of pure potash, 112.8 parts, thprefore, the same result is obtained as if carbonate of potash had been used, which latter substance is much more difficult to obtun pure and in a dry state. All that is now necessary, is to bring the ordinary sul- phuric acid diluted with about 1 2 parts of water into a test glass, and to ascertain (observing the precautions to be mentioned below) how many volumes (dc^ecs) arc required to complete the decomposition of 112.U parts of carbonate of soda. The number of volumes em- ployed will contain exactly 402.02 parts of hydrated sulphuric acid, and if mixed with water so as to occupy 100 volumes, M-e .shall have a test-acid quite similar to that of Gay-Lussac, i. <. every volume employed to saturate a substance containing 100 parts of potashes, will indicate the presence of f Kth of potash. The same quantity of acid (104.02 parts of hydrate) is just sufliclent to decompose €6.3 parts of soda, and each volume will, therefore, indicate jjgtii of soda, when the test is maJe with 66.3 parts of the substance containing the soda. 1'he measures, which are ^ an inch in width, and gratloated into 100 equal parts, are either made, like Fig. 127, with a side tube, It DMtl MBfiMly he otAiofA thai nnr other ma^foro oc oj-tum o( weig)iu may ha uicd inalewl of Um: Fronuli, in prwcUvljr Ui* mm* manncf. AU: Jl UH ETRT-^ AT- LCS&Ai:^ F%.UI. r^iii. ^ mhkh is ooBTcuutf, bat to^^ brittle, or eooaia. ot a ample tmbe viti mSoot Fig. 198, IB vlucb.fartbecosreiiieaceof pQOtugttbe gradaa- tion bbe^m m few inches from tlw wp. B The metKod of eoodacdng ilie i^ieraHoa re<iim«* smm q>eo»l K notice. The first ibing to be obsemd u ibe Ter; aaeqval nature of I ibe tuaple to be tesira (pwtiraUHj id pot- " sfibcs), tbe dderauoatkHi of tbe mean quantitT of po^Eb inwhicfa is. the object of tbe test. U tiabeit to take\|MCoes£ron£flcrent parts of tbe nnsit poand tbem togrtfaer. and veirii out the test-quaniitT fiom this roixtxire. If this diDald contain so large a propcxtioQ of iosohi- Ue nalter as to affect tbe vobnie of the solu- taoo, of which the tcnTb part has To be men- snredf then, the only plan is to filter and wadi tboroughl}- in the first instance, a precaation wfaichmust always be adopted with wood a$he«. Id this case, it is advisable, oa flccoaot of the small quantity of alkali, to double the weieht of the test-qaantity, aud afterwards to baJve the result. On the addition of sulphuric acid the carbooic acid is not imae- dialelf eroUed, but forms ^^ ^^ andecomposed portion of nlkali, a bicarbonate, until the decomposition has extended to more than the half, anil the iluid has become saturated with carlnnic acid, which then escapes with violent cffervesrcnce; lowanls the end, however, this effervescence becomes so indistinct, that it is impossible to know whether the operation is finisihed or not. Yet the correctness of the experiment depends entirely upon the accurate determination of tbe point of saturation. Consequently tt is necessary to employ a blue rcgctablecoloringmatter, tincture of litmus, which remains unchanged in the beginning; but when J J of the saturation has been effected, or at that period nliL-n the dtcompositiou of the bicarbonate commences, and carbonic acid is set free, becomes of a wine red color, and, at length, when tbe saturation is completed, is colored more intensely red by a very slight excess of sulphuric acid. L'niil the wine red color appears, the test acid may be freely added, but then it must be done more cautiously and towards the end, when the evolution of car- bonic acid has nearly ceased, by two drops at a time (\| volume) until no mure gas eiicapeti. At this period the &ee carbonic acid in the fluid renders it difficult to judge with accuracy of the color. In order, therefore, to ascertain whether the reddening is attributable to it, or Id free sulphuric acid, after each addition, n streak upon blue lit- mus paper is made with a glass rod moistened in the test liquid. Ai soon as an ^cess uf sulphuric acid has been emtiloycd, the paper remains red after having been dried, which ia not the case if the red- dening has been occasioned by carbonic acid. Tbis excess of acid, 1. e. as many \|^th volumes as there are lusting red streaks, must now be deducted from the Whole quantity used. As the action of the acid 304 ALCALIMETRT— METHOD OF WILL ARD rUBSKllllll. Upon litmus paper is somenbal lessened br the presence of the taU pbate of potash produced, an extra \ volume is deducted in addiiioD. The action of sulphuric acid upon sulphurel of sodium, sulphite, and b}'po8uIphite of soda, which are frequently present in artiBaa) soda, as well as upon sulphnret of potassium, is quite the same as upon the carbonates of the alkalies; these, however, do not at all increase the value o( soda. A test of thi.'i kind, iherefore, shows a higher value for soda than it aefuallj' possesses; an error ■which (ac- cording to GaV'Lussac) mav be avoided, bj prerbuslv heating such a test specimen lo redness with chlorate of potash. Bj this means, the substances named become converted into sulphates at the expenae of the oxygen of the chlorate of potash, which (chlorate) itself remains as chlonde, whilst the carbonated alkali is not acted upon : the h}'posalphite (S,0,) however, produces 2 eq. of sulphuric acid, the one of which decomposes an equivalent proportion of carbonate, which is consequently somewhat under estimated. The opposite action which the silicates and phosphates exert upon (he test acid, and consequently upon the test itself, is unavoidable. For these reft* sons the test for soda, by means of the alkalimeter, cannot entirely be relied upon. Method of HaU and Fr«eni'ui.-=The possibility of ascertaining the quantity of alkdli by determining the amount of catbonlc acid, de- pends upon the fact, that only neutral carbonates are present in pot- ashes and soda, so that each single equivalent of carbonic acid expelled, corresponds exactly lo 3.14.5 of pure potash, and to 3.145 of carbonate, or to 1.4'il equivalents of pur^ soda, and to 2.431 of carbonate of soda. For the sake of MmpHcity, the carbonic acid is estimated by the loss of weight, which a previously weighed apparatus containing the test portion and the acid, experiences, when this acid is expelled. It is necessary in this me- thod, that nothing but carbonic acid should escape during the operation; now although no loss is to be anticipated from the other substances, yet this vola- tile acid cannot pass off from an aque- ous solution, without being charged with aqueous vapor. The inetrnious manner in which this evil is obviated by the ap- paratus of Will and Fresenius, and the manner in which the necessarv tempe- rature is generated in the fluid without the applicatiop of external heat, will be seen by observing its construction, Fig. 129. .? is a larger flask of about 2 ox. capacity, in which the dec'omi>o.'d(ion is Rg. IM. Effected. B that smaller flask some w I contaiuiog English sulphuric acid. Both are supplied with doubly pierced corks for the reception of the three tubes a, c, and d. The tube a is con&ned to the flask .'?, being im- ALKALIMETBV—MBTIfOD OP WtLL AND PRB8BN1US. 305 'SMj^cd below the level of the fluid ; in the same manner d is oolj connected with the dusk It, and only extends just below fhf> corlt. Lastly the lube c enters ihe neck of J} on the one side, but does not extend further, and by a double bend is brought into connection with B, which it enters, dipping into the sulphuric acid. The mouth of a 18 closed by wax during the experiment, so that no orifice is left to the whole apparatus, but the mouth of the tube (/. For weighing the test portion, and the whole spparatuii, nn ordi- nary apothecary^s scale is used. It is one of (he great advantages of this melhml, that the experiment may be mad^ upon a much larger scale than i.« possible in ordinary analysis. By this roeans, this cheap balance, when made to turn with the ^th of a grain, affords quite as much accuracy, as those which are made for scientific pur- poses, and are at least 20 limes as costly; particularly, when such inaccuracies, as may arise from the unequal length of )he arms are obviated, by placing the weight upon the some scale-pan as the sub- Stance or apparatus to be weighud, it having been previously exactly balanced by a counterpoise (double weighing]. As a test-portion, several gramroes of potash or soda previously thoroughly dried over a flame in a small metallic or porcelain vessel, are weighed and introduced by means of a card into the flask ^, which is then filled with water to about ^; the apparatus is then closed by the wax stopper, and brought into equilibrium on the ba- lance by a counterpoise. The decomposition is now induced by suclctng out a small quantity of air with the mouth from the tube a. The air is thus drawn not only from B but also from ^7, both flasks being connected by the tube c; bubbles of air are, therefore, seen passing from ^ through the sulphuric acid. On stopping the auction, acid passes from B into .4 through the tube c. The carbonic acid which is now evolved In Jl with efTervescencc and a rise in tempera- ture, can only escape by the tube c into the flask B, whence it must pass through (he remainder of (he sulphuric acid, and the tube d into the air. This sulphuric acid condenses wiih great energy all the aqueous vapor, and retains everything that the current of gas might possibly carry mechanically with it. When this operation has been repeated several times, the decomposition is completed. There is still, however, a portion of carbonic acid remaining in the apparatus, which was previously filled with air, and some still clings to the aaline solution, which by this time has become cold. Both roust be removed before the apparatus is reweighed.* For this purpose by 8uctbn» as in the beginning at rf, so much sulphuric acid is caused tapass over at once as will give rise to a considerable elevation of temperature in j?, by which means (he carbonic acid in solution is evolved, and with it that portion still clinging to the other parts of the apparatus. For by removing the wax stopper b, the mouth of a is [■ Prol W. Bl Ragen ban i>ror«l Uial even anlpbaru: Bci<I ftlMOrbi Ot oubonio uid iMAtly ia own v<.<tiunet which wuuld render nwi-vMry i)<» heating of ili« v«Mel£b«fbt« ilnviog Kit itiruuKb it lo oompteM Uia openilan. — Am. Ed.] 2a' 306 alkauhetry—metuod of will and FKE«ENIU9. from cf. opened, and air majr then be drawn Ihrou^h Ibe apparatus until all the carbonic acid is expelled. Here too, all the moisture which is removed by ihe current of air tu ^^, will remain in the sul- phuric acid in B. \Wuta the whole apparatus has cooled, it \p placed upon the scale, and the amount of carbonic acid is ascertained by ibe Weights which must be added to re-establish Ihe equilibrium. It has been slated above that 3.145 grammes of dry carbonate of imlasb contain exaclly 1 gramme of carbonic acid; the calculation of the per centage of this suit from the result, is verv much simplified if 3.146 grammes of potashes are always taken as the test-quantity, us every centigrnrame of carbonic acid which has been evolved, will then indicate 1 per cent, of carbonate of potash; if, however, 2x 3.145 = 6.29 grammes are taken, as has been recommended, then 1 per cent, will be indicated by '2 ccnligrammen. In the same manner 2 x '2A'2 = 4.84 grammes of soda mtist be u;«ed. The presence of any salts which are decomposed by the sulphuric acid, but the acids of which are not volatile, have of course no effect whatever upon the result. This, however, is not the case with the sulphurets of the metals,* nor with the sulphites and hyposulphites, the first of which evolve sulphuretted hydrogen, the second sulphurous acid, and the last hyposutphurous acid, which is immediately decom- posed into sulphur and sulphurous acid. Sulphuretted hydrogen or galphurous acid may, therefore, be evolred, which, calculated as car- bonic acid, would erroneously augment the amount of potash (or soda). This, however, is easily obviated by the addition of some jeltow (neutral) chromate of potash, which converts both the volatile acids into sulphuric acid and water, and remains in combination with both, together with sulphur, as sulphate of chromium. If there are carbonates of the earths iu the insoluble portion of the potashes, (he solution must be filtered and the residue well washed, and this must always be done in testing ashes nnd crude soda. An error of an opposite kind, which rectities itself in (.iay-Lussac's process, may arise from the presence of cau.<itic potash or soda. As these evolve no carbonic acid, they wilt not influence the result ob- tained by this process, although both in potashes and soda, they are quite as valuable as the carbonated alkali. To ensure the estimation of these, the test-portion should be previously mixed in a moist state with carbonate of ammonia, and dried at a very high temperature, by which means all the caustic alkali becomes carbonated. If Ibe * H. Rose hM ktvly ihown, tt»t ibe snlphiirvt of wotiiam Kn>l auwUo io6m. in onxla sodft havr one nnd ihia mmB origin. Thoy Me ImiiIi caused by ihs decamiKMitioa of Biilpliuret ul' c«lL-iuin in wilier. A porlton of Chi* ntrlnllic milpliiirrl ij (lwoin[KiM4 Willi the elenl«Ti1i of w-ninr Inm Lyilrvio of Iiitic< iinil iiilplitimiiH hyitmsi-n. which laUer iinilM with onothor poKion of undocompoiMl nilpbnnit, lo form ihn byilioaulpbuiel of ralpl'un'i orcaldiitii, Etotli pmducoi of deminpnixion iiTe pivieni, whm the crude xxla to diMolred out by water, am] ro^oci upon ilic cnibuTiaio of soda in iDck ■ maiuivr, tbu Uie bydrmulpburpt i>f sulphiirtX of calcium, oml Uir hyitmto of Vimr, nm both ccnrened into carboraM of limri, whiUl hydjonilphuTirl nf i.iitphur^ of nodium, »nil a portiun of liydmw of eoda ant producsd. ]n ooDtactwitli t)to nit, the ftmnct (by osUaiioiO i* HmvMtod itito one or oUicr of Ihe bighc* sulphurMs, wluch is IbcQ (bund ia the moilisr liijixn. ALKALIMETRT— METilllD OF WILL ANO FRESERIUS. 307 sulphurct of an allfalioe metal is present, as is the rase to a consid- erable extent iu crude soda, the mass is moistened uilh caustic am- monia instead of with water. The amount of caustic alkali can be ascertained by the apparatus, Fig. 129, although not with very great accuracy, but it cannot be determined at all by Gay-I-nssac's method. Two experiments are retiuired for this purpose, the one made in the ordinary manner, the other after the lesl portion has been treated with carbonale of ammonia. The difference in the amount of car- bonic arid obtained in each experiment will then show the ouanlity of caustic alkali contained in the specimen. Strictly .speaking, the alkalimelric tests are not analyses for jxitash or sodn, but merely ac- curate measurements of the amount of action, which ashes, potashes or soda will produce with an acid. For when both alkalies occur conjointly, which is the case in potashes, and judging from the ash analyses cited, there is more frequently soda present than was pre- viously supposed, this is not indicated by either method quantitatively, or indeed at all. Atthongh for most applications the knowledge of its general action is sufficient, yet in many instances ii is quite as desira- ble to know the exact amount of potash, for instance, in potashes. It must not be overlooked, that tbe mere amount of alkali, however this may have been ascertained, does not indicate the actual value of the potashes or soda, because both, but more particularly the former, take up moisture when exposed for any time to the air. It is conse- quently very necessary to determine the amount of loss which a weighed quantity exj)criences on drying, as well as Its alkali metric value. The measurement of the acids upon Gay-Lussac's principle cer- tainly affords the advantage of very small quantities of acid being contained in a comparatively large space, which can, therefore, be read off' on a long scale: but the accuracy which arises from this is very much modified by the foreign salts with volatile acids, for, if no loM is to be occasioned by tbem, the practical man must be pos- ceased of the means of preventing their action, which presupposes a good knowledge of practical chemistry. Much practice is also required ID distinguishuig the varieties of tint in the litmus paper, and in judging of [he point of sntnrntion. The same applies to the prepara- tion of the test-acid, and everything depends upon the degree of ac- curacy with which that is prepared. It is, therefore, highly probable that the more recent method of Will and Fresenius will be found more easy of execution by those unac- customed to chemical manipulation. Value of Soda-ash and Potashes. — The following tables show the results of some alkallmetrical researches upon different kiuds of soda and potashes given by Will and Fresenius. 308 COMPOSITION OF SODA-JUH AND POTASHES. VARIETIES OF SODA. Y«3low caldneil, Belgian . White Dwim£ aoda, very while* CmwI ■»!«, wliile .... Enitlifh (oila . . . . . White nlaned, front B&cluier nod Wilkina iii StinnBtatll . • SmIu Ctvin Debrerain Whiui calcined, ftotn WiMafvld and Co, in Bannea .... li e 3 I? liule ■woe 2.14 3.0 to 5.2 8.7—4.1 llttl« raadi little noeh Mxne mncti None of the varieties examined, contained carbonates of the earths in the insoluble residue. VAII1£T1E8 OF POTASHES. pfrceni. par cent * 1 p4 t f B a 1 1 1^^ 1 bhrinian, pouilie* . Illyruin I. " . . Jllynan IL - . . •it.9 93.8 10 7.a 14 UeidelberEi potKsh of Frie* .... 6i.a 66j0 0.3 I By means of (lay-Lussac's alkalimoter, the quantity oi pure potash was estimated in the foUon-ing rarletics. dognvti dfgroet. Amohan potubet, Ici v»ri«/, S4 — 58 Rann [>oMhe« ^ , M — U " ■iA u 4R— 52 PoIUl. " . , a5~0O M '• 3d •1 a&— « Ri;3 , . 30 — «0 New Tork •■ IM A J» — 60 TusDAiiy [KKntFicf, )■! ■Wrtciy, 90 — M H •iA M 25 — 45 It l; Zd n 5js— eo .1 3d it 25 — 40 M K 3d H 30- W Addimetrr. — It is obrious, that by rererrfng the process, the alka- Umeter may be used for testing the acids which are employed in commerce, or in fact will serve ihe purpose of an ncidimrier. The o[d established mode of ascertaining the value of sulphuric acidf hydrochloric acid, &x., by the specific gravity, or what is the same thing, by the. deerccs of an hydrometer (generally Beautoe's) will hardly be superceded, on account of its simplicity. In the case of concentrated acids this is much less likely, as the indications of the ' Tbi nrioty, much prizoil in commcroe, oontuDS, sccording lo nnoth'n ■nalyvi* of Pcnol, ti3 pcf cent, dry cnibunalc of mtdm, Aod 33 par c«Dt. cauMic Kxla. ACIDlMETftY— BORAX. 309 I hydrometer are suilicientlv accnrate. With diluted acids, on the con- trary, like vinegar, &., the differences in the specific gravity rorre- spondiDir to the diflerences of strength are so small, that the indications of the hydrometer become very indistinct. The indications of this inslmment are rendered still more fallacious by the presence of ex- tractive matters, sails, alcohol, &.c., which either increase or diminish the specific graniy. In such cases the apparatus of Will and Fresenios is more appli- cable. The strenfTth of an acid is thus ileiermined by the weight of carbonic acid, which a weighed quantity f>f it is enabled to evolve. For this purpose bicarbonate of soda dried in Ibe air is used, because, of all similar salts, thi? contains the most carbonic ncid. It is not necessary that it should be perfectly dry or free from exlraneons salts, provided amongst these, there be no neutral carbonate, for example, of soda; and snoidd it contain this, it can easily be separated by washing with cold water. When the acid to be heated has been weighed, diliile<l with water, and inlrodiiceiJ into the flask A, Fig. 129, a glass tube in the shape of a thimble, short and closed at the end is filled with bicarbonate of soda (in excess), and this is hung by a silken thread between the cork and neck of the flask, in such a manner that the salt and acid do not at once come into contact. Ordinary concentrated sulphuric acid is placed in B. In this slate the apparatus is placed in the scale with a counterpoise, and by a quick removal and re-inserlioii of the cork, the little tube is dropped into the acid. The decomposition is accelerated by agitation. When the operation is finished, the carbonic acid still remnining in the fluid roust be removed; but this cannot be done by causing concentrated acid to flow over from fl. The flask ^ is, therefore, placed for a few minutes into hot water, and air is drawn through the apparatus until all the carbonic acid is removed; it is then dried and weighed when cool. Every equivalent of carbonic acid that lias been expelled, indi- cates an equivalent of hydrated or anhydrous acid in the specimen tested. BOB AX. V The salt which is sold and consumed under this nam<>,' is the bibo- rate of soda (NaO, 2 IK),), which, with b or 10 atoms of water of crystalization, forms the two kinds of crystalixed borax of commerce. That which contains 5 atoms of water (NaO, 2 BOj + 5 aq,), is called octahedral borax, on account of the octahedral form of the crystals, and is the rarer of the two; it contains, in its pure state, 30 per cent, water. This salt hHs only lately been dislingtiisbed by Payen, from the well-known variety with 10 atoms of water (NaO, 2B0^ + 10aq.]i which Rr)'slalizes in prisms. The water, in the former, amounts to 30.9i in' the latter to 47,2 per cent. Bonx if ilrrivpil rntm tlir Anliinn wonl baum-li ; AHTiccIn milt Bonu Cliryuoolla, gold cemoaL aa Bcooant of tlie uk io wtiicfa it ia a\|iplicd in aotdninK gutii 310 OCCURRENCE OF BORACIC ACID. Both varieties, wheo exposed to the action of heat, part xt'iih all their water, and expanil into a vesicular mass, before meltiog to a clear glass, wbicl) possesses the important property of dissolving most of the metallic oxides with the assumptiotiof characttrislic oolurs; it also adheres to the bright surface of metals, protectiog theu wheo covered with it, even at a red heal, from the oxidizing action of the air. It is this property which renders borax so valuable as a flux, » glass, and above all, as a means of facilitating the soldering and welding of metals. Borax is also used in medicine. The borax of commerce is derived from two diflVrent sources. 'Whilst, in former times, the mineral as it occurs in nature. ai\er being purified, was the only known borax ; this has now been almost com- pletely superseded by artificial borax, prepared from volcanic boracic acid and soda; a branch of inanufacliiru which has been mainly dependent upon the vast exten<>ion of the soda trade. JJrii/iciai Horax. — Occurrence of Boracic j^cid. — This manufacture, vhjch French industry has cultivated with such signal success, is carried ou upon so Inrge a scale in France, that nearly the whole amount of boracic acid is there conGumed, which the north of Italy can supply. The occurrence of this acid in the grand duchy of Tuscany, which abounds in volcanic products, is as peculiar, interesting and important, as the method of procuring- it. The boracic acid, in those volcanic districts, which extend over 35 to 40 miles, is brought from the interior of the earth by numerous jets of vapor, which are there called xu^oni. These suffioni are announced from a great distance by the ascent of thick columns of vapor, which oJlen rise to a con- siderable height. The entire surface of the volcanic district, con- sisting of chalk and marl, is subject to constant shocks, caused by subterranean agencies; columns of boiling water are frequently pro- jected into the air, which is sirongly impregnated, at the same time, with sulphurous vapor,* and the whole presents a scene of vast deso- lation. In some parts, the apertures whence the vapors issue, are freely exposed; in others, they are covered by standing water, which, by the constant agitation of the soil, and of the vapor, become con- verted into small muddy lakes (Lagoons). lt4H well known, that boracic acid forms an exception lo the general rule observed by those bodies which arp fixed when melted in the fire, and to which class it belongs. It volatilises, namely, in such quantity with the aqueous vapor from a boding solution, as lo render its qnan- ritalive estimation very inaccurate under such circumstances. The presence of boracic acid in the suflfioni is evidently accounted for io this manner. It is, nevertheless, remarkable, that by simple conden- sation of the current of gas and rapor, no boracic acid can be obtained, a fact, which can only be explained by the extremely minute quantity held in solution. TTiis quantity, however, is considerably increased when a lake covers the aperture of the suffioni. It would appear, from the observations of Payen and Bowring, whom we have to tnank * Solphuratwil bjrdKiyra, Moordtng to H. L^rderel. rf'm: 7W. ar«coraoR4 a^^Jb 313 BORACIC ACID LACOON0. aod ihe; arf from 6 lo 10 Teet deep.* Fig. 130 rpprescnts the man- ner in wbicb they are arranged in terraces on the side of ibc bill. Ftg. 130. S^ On the lower side of each bawn is an arch a a, by means of wbicb tbe plugs ol" the tubes m are accessible, and by opening these, the water from the bifjher, flows into ihc lower lagoon, tnrough tbe channel n. Tbe!M> artiftcial banin^, of wbicb there are 6 or 8, nerve to saturate with boracic acid the water of neighboring springs or brooWs, with which the uppermost,/^, is supplied, until it is sufficiently impregnated^ to pay for the expense of worLing. ^H When tbe fresh water arrives at the lagoon Jl, it is partially im- bibed, the vapor being at first condensed; but as soon as it has attained the temperature of the vapor it is again evoked, and the whole of the lagoon is kept in constant agitation by the current of gas at a temperature of from 93° to 96° C. (199'= to 203° F.) At Ihe ex- piration of 24 hours, during which lime it has been kept in this state, the plug is removed, and the water allowed to flow into basin B, where the same operation is repeated. The fluid becomes charged with 5ome mure boracic acid and other substances, ihe quanlily of which is agnin augmented in the basin C, and in those which sue* ceed ii, every 24 hours. When the solution has thus traversed 6 or 8 of the lagoons, it is found to have taken up about ^ p^r cent, of bo- racic acid, and its specific gravity has been raised to 1.007 or 1.010^^ * M. Lkntrrrl •tntr^ that lli« •liiucnMona of llie Insoona diflci eemUtenhlj; Ihe HiialW (innn, lie ry», aiv 100 Tnci in circnniroionco kikI 7 Amc i]m\|\ but Ibatra air loine wliioli urn from .WH in IWJO fcrt In circDmrrrrncc^ nml 13 in 30 ff! .Wp. There ire ttfnpinUf urTcml. rmiii :i (o I S tnnrcf^ in ihc Istipr. Thp ilrpih and larracir or dlna bMiM ruuivIk) b» inaorruinnlaiion lo tbo iorooof (W (.-olumn or v«[>Of i ifttic d«\|ii1i Hkd Mrihoe ue loo ntft, nnd dia bMtn eomiai mo ranch water, tlie rapor «neounien pi opfxiMliao, anil fra(fiM>nll)r M«lil ■nodwT oalU>L f Tbe hwwa* mn rww vmpiiMl •v«t imj, w Um amonnt of iMraeic aei<l (I to : nnl/ 3 per cent) u dm incrcoMd bjr Tomaiainf ihcra looyer. ^FWfMifta««fwi^—nc««,wiHtouili»iitf>. \|. Act M« la fact ■fHR,MriHnKlHs4e^ 3mm ft ^mm tt mt»i^ 3000 calac feet. 1W sn^r pu» ue ' «f tcmon OBT abcn* ^ cdwr wjiiw ■ ■wlia, a mner lh«t the b« ^r fem ite HMriiMVt t»« tfe KCMd. Md Ihe l>n« rMid» ItfL^o fav is ^^^^^ , W Ae bm fc^inaie far envrntiaa b obCMMd fr«« <«« ^^^rfAe jtfaof rtf»n.e»clairf iBli<P«>»adtm>dBrtedbprwTw> aodibebanoasoflhciMn. Tlntt, mi o&lrtW kij^lj ■rilcml ksdf» M «t t^ >■■« ttoe bcM fat coecrti- iit.» m fkesedninctssqvied^artne; a^nd«d,tf it fcr tbew mMAahly faradUB liiuiMriaM-W, ^ pMdws of bonck wad ««oM be klnosl u imposabSitx, ^^ * oomtiy vWr fad »» » '^y scMW.' ^Vkea the 4 opper pam bare been filM «itk fltud fron the irseN lUs lias wiined ia them daiiag 34 boars, ike half trf" it 1 We bcM eraportfed. ud tbe pair of ptM be)aiir, will jnst be lui{;e to bold the remaiainghilf. This, therefore, U drawn off, and _ mpper paoc are supplied with a fresh Mfftiott 6om the darifier. Ae expuaiioa of aaotber 34 hours, tbt balf is again eraporatM], ' tbe Said is itdaced to \|th n£ its origiMl Tofaime ; it now coiuisis I nucb stranger solatioD of boracic add, and may be bitiagbt ialo ^ lowest resseB where the enLparalawiBooioplrted.t Thcprocest, boe described, nodergoes no tnlemptMNi; the tje from each pur idf bondc acid » v mpan of ikt pdioai of Tlwcmy, w> tkmu^ Bflte, Apaibw«rr » tb» Oam% M FtoMMk ta a t«u ITTS, wim TWpn ty Pnat Hflte, Apaibw«rr » tb» Ctan M rtoMM^ ta a t«u ITTS, Mh in ■ pMBDpbtri. ~ Upon tb« sflftiire mha Kwm) in TaMmr''' thM Aia «n<t , wiib flOt^ » Uad urtnrai rscvnlinf ibv oflumiy hnr»\ in puii'r. Nrilbariatoi iMUni' mora newil Udk prenilc^l in ramnf » iixInlMia* iif ibr uitekAuMa _je diMTiBti li> ntor* ituku • few iiwiTtawfiil mdcvtakinsi. Tbnt Wi i\|i«<«\|M- , ortntoek^ U»* in«ik»i. ■nU bmmkt ruin npoa &(•«•»!«». The »iiH'n>T»in«>ti rCtecfai M (be faefiainna of Uw ytwew enttuir, «te iMndaml dM moMvviiv hm> , viib«li«»M,Knilib(i«'OrUtdn«Uo,bM wBf«Mdt, te ISn.M thaltlm* te p(» Hpiieiw <>f alUbe InwMi, who atfriwd owl ib» kW vfmlmt <twwB fct<« ii wd <rf »imwi. »« fupl- flrMniiol tfaa nlasUr branch of imhiKfT te in lull invh. Iititt jmtflSlS^ Uie nine dintict oT Monte Ortuli which now pKalnm « ymrty inon«ii« of JtiOOO, wouM h»Te b«o let»o my body fiw a rrni oT^d lOi. prr ■tiiittin. I FtKil 1827 wood wns uted tor bntini ibo enparatin« pam; nin^ ihM IIMW ihv .^ri»v» JcKribed tn«d>ml ha* bMii introduc«<d, krxl hM «ll«c««J ■ nrins. ■WDfdIac » M. <[wdnKLiDf Btem iO^X).IilX) taacx. 1tee«aponukn tM«a ■tiOfrtbM 63 boun. At prM«at,llMn«M400m\|y>nitii>ijt\|i«ni \|b eptmkxw nefa of to fc«i mrihM, bMidn wbkfe ibvn «r« nnn) otttPTs wiih iltii> phncnu utEoaed in win, 900 TeM Id Icnmh, in whMi the wutar cOMiMiily #Tii\|«)nii. ' bit, >w» tlowlyihrouiili il» fliffCTpnt iliriMoai uniil it bwtxaw MflfoivnUy ocnamiUMvd. Man ifaaa IWO Ibi. «f w»ier ve thai cnponMrf #il/, 2b I I I f 314 CUMPOSiriOff OV CBUDK BORACIC ACID. of pans !s only removed lo make room for a fresh charge of weelcer solution. Ounn^ evaporation much sulphate of lime is deposited is the pans, which must be removed from time to time by rakes. In the same manner zs lite fluid becomes richer by the addition of boracic acid in the lagoons, so it is still further enriched in the pans, by the evaporation of the water, until at length the same fluid in which it was hardly possible to discern the presence of boracic acid, has be- come converted in the lowest pans into a solution, which, when mixed with the mother liquor of a former crj'stalizatioQ, has a specific grarily ofl.07lol.08. Cn/staiizaUon. — The mixture of fresh, saturated solution and mother liquor is now taken from the pans, and iK brought into the ves* Mb./?-^,Fig. 131. These are round wooden tubs, lined with lead; they are 4 feet high, 31 inches in diameter, and have a ca- pacity of about 8 cubic feet. They are so arranged, as will be seen bythe draw- ing, that the mother liquor mar be easily withdrawn, and returned to the lowest pans. The small lamellar crystals are placed in bas- kets C to drain, and whilst still moist, are spread out in a layer 1^ inch in thick- ness on ibe tloor EE of the drj'ing chamber /), Fig. 132. The floor of tUa chamber is double, and a jet of steam entering at F is made to circulate below the one floor, in the space left between it and the other. The chamber is accessible by the door G. The dry acid is conveyed in the lirst iustauce to Leghorn, and from thence, by sea, to its destination. Constituents of the Crude ..^ci'd. — Wiltstein gives as the correct analysis of commercial boracic acid in 100 parts: 86.324 2.632 1.018 0.917 0.365 Fir. m. Crystalized boracic acid. 76.494 Sulphuric acid combined with boracic acid . . 1.323 Sulphate of ammonia . 8,508 Sulphate of magnesia " " lime . . •' soda . . " " perox. iron * 86.324 91.256 CRTSTALIZATION OF BOKAX. 315 91.256 92.243 Sulphate of alumina . . 0.330 Silica 1.200 " " iK)tBsh . . 0.369 Water of crystaliza- " " manganese . trace lion in ihe salts . . 6.557 Chloride of ammo* Organic matter con- utum 0.298 laining nilrogen . . trace 92.243 100.000 Hence, it appears, that upon the whole, although the best is retained for the manufaclure of borax in Leghorn, a very impure product is obtained. This would not be the case to such an extent, If the mother liquor, instead of being returned into the pan, were evaporated again, and aRer the separation of the boracic acid were used, for instance, for the manufacture of alum. The experience of the French manu- facturers lilcewise lends to prove, that toe impurities in the acid from Tuscany increaRe from year to year, so that the quantity of foreign matters, which, at first, was only from 8 to 10 per cent,, has gradu- ally increased to 18, 23 (aa in the analysis), and even to 25 per cent.; a fact which is probably to be accounted for by the increasing disin- tegration of the earthy strata by the action of the currents of steam. Each set of 14 pans, therefore, produces by the process described, after 3 times 24 hours' evaporalion, 180 Ibs.of crystalized acid, which presupposes the removal of 36,000 !bs. of water. From the state- ments made at p. 78 and p. 79, it appears, that to evaporate 4.7 lbs. of water, 1 lb. of ordinary firewood is required. In Tuscany, the yearly produce is now l.'),000 cwls. of acid (Payen), (he water evapo- rated must, therefore, amount nt ]ea.st to 1.6 millions of cnis., which, under ordinary circnmstances, would re<juire 21,000 stacks of wood (3 stack s= 100 cubic feet, containing about ^'^ths of solid wood). Aaeonling to Bowring, the yearly produce since 1836 has been nearly 3 millions of pounds, therefore, double the former average.* Saturation of the Boracic JJcid. — To saturate 100 parts of com- nercia] boracic acid, 120 parts of crystaltzed soda, or an equivalent quantity of salts of soda have been found requisite. Vats lined with lead ^, Fig. 133, are used for This purpose, precisely similar to those employed in the manufacture of stearic acid [p. 122). The steam for heating enters (he vat by a pipe c from the boiler C ; the tube * H. Lardcrel tUMtt the ptodiieiian ortiAnwic ncid lo hnvc incriMUctl in Uio rfrllowinj pfoponiwi: P^nrKlc, Tucsn wcijtbi. 18IR— 1OT8 I,50O,non 1W9u_l8S8 U,0OO,OliO lUf S.1&3.000 ISW 2,328,783 3841 3,54:.804 1M3 s.e&s.i3e 1643 Sfi&SfiCrl Miii S.«J5,W0 1846 2.ftS3flOU IMi; 3/100,000 Tbv produov maj' )» fitU flinber incre«««J, if r«i\|«inil: 316 CRTSTALIZATION OP BOBAX. extends to the bottom of the vat, nnd terminates m a horizontal cti calar bead /, which is pierced with holes for the escape of the vapor. > ■ Two ooclcS\|ODC at the side r, and another A, at the lowest part of the arched bottom, serve to empty the vessel ; the aperture a with its tube is for the inlroduclioo of the charge, the wholt; is closed lAilh a cover to prevent any loss of heat. Ladders />, and platforms M^ are attached to the apparatus, for the conveaieucc of ascending to the upper parts. In the beginning, nothing but the mother liquor from the last crystali* zatioQ is placed in the vat, to which the soda and water are added in sufficient quantitjto produce about 200 lbs. including that from the con- densation of the vapor. When the soda is dissolved, and the tempera- ture of the fluid has risen {0 100^0. (212° F.), the boracic acid in coarse powder is introduced, and to prevent loss from eflervescence, in quanti- ties of 10 lbs. at a flme. In this operation, the boracic acid is not only neutralized, but aconsiderable loss of soda is occasioned by the sulphates and chlorides, which are mixed with it. Thus, sulphate of soda and some common salt are produced, also carbonate of Ume, carbonate of magnesia, hydralcd oxide of iron, ami principally onrbnnate of am- monia. In an open vessel, the latter would volatilyee with the aqueous vapor; to prevent the loss of this valuable secondary product, the apparatus is so constructed, that the gases and vapors shall pass through a tube d in the lid, to a neighbonnp; condenser D, and be evolved through sulphuric acid. The carbonic acid is thus set free, and all the ammonia remains as sulphate of ammonia. When all the acid has been added, the solution must indicate 21^ Beauuie (1.166 sp. gr.), and its temperature must be raised to the boiling point, 1o 105^ C. (221'^ F.); the steam is then shut oO; the aperture a is closed. and the solution allowed to remain at rest for 12 hours. As soon as the lye has become sufficiently clear, it is drawn off by the corl; r, into the shallow crystalizing vessels BB, which are lined with lead; the deposit falls through b intol.\ where it is washed and then throwa CBTBTALIZATION OF BOIIAX. 817 away. When Uie crystaluEation is finishMl in the vessels B B, the leaden plugs a are removeii^ anil the moilier liquor collecls in the common reservoir F. Ii has already been stated, that this is returned to the vat JJ, for the next saturating process with boractc acid ; but tit last the foreign salts acctiniuIaTe to such an extent, that they must be separated in some other manner. The borax is allowed to cry.stalize at a lemperature of 33"^ C. (92" F.), when all the other salts remain dissolved, and then by a subsequent evaporation, the sulpliates of soda and magnesin are obtained. Crystalization. — The crystals are detached from the vessels B B, by means of chisels and hammers, and placed upon an incliDcd board g, where the remainder of the mother liquor collects in the channel y, liiis first crop is much too impure, and also in other respects unfit for the market, it must consequently be recrystalized, which operation is performed in the apparatus, Fig. 134. fif. 134. The small crystals from the waste are often redissolved with ihe crude borax, both being placed in a large vat JJ, which only differs from that represented in Fig. 133, by having larger dimensions and no cock at the bottom. The vat must be healed in the same manner by steam, and lined with lead, and be sutBciently large to contain at least 180 cwt.s. of borax. The crude borax and the waste are placed in an iron wire-basket, which hangs by a chain passing over a pulley just below the surface of the water. The object and advantage of this mode of solution has already been noticed at page 275; all stir- ' ■ Thn procpM i» ■^m'^whiit liiflrrcntly dpucrihwil by M. Korhnkc, (m* Clmm. Gaz^ rol. iU. 131.) A Mlutiunofcnudin smln it prcpniXHl, amontntina lo ttlKiiJi HO lb, of IjOW 10 IA95 tft. fr^io this <0 lb>. nr good Tuscan Imracic mcid in ndiled, and Iho wholA i# bctilnct onlil the ly i> roduccd to 1'JtJ or 13^ IIm^ ot indioitc* 1.175 to I.IBO ap. gi. Upon thU tb* Uquid i* pouml twilinK but into ■ wooden Vib, whicli it ^■r«U rarroundcd wiih woollen cloth* nnd nnvr, am) orrfuiljr coTcinl to retain ilio hrai u lonsai poMible, to that s Bood and rcgiilu cTjialnMUm maj bn cdoctrd. 2s* 318 CHV8TALIZATI0N OF BORAX. ring is thus dispensed wtUi. It is necessary to add about 4 per cpnt. more carbonate ofsodn tu tbe crurle borax, anil steam is then allowed to enter, until the solution indicates ^1^ Beaume. When this point has been attained, the whole solution is drawn olTby the cock C into the crrstaliriog vessel B. As large crystals alone arc saleable, and these can only be pro- cured wiOi difficulty, and by avoiding all ngitation and rapid cooling, the arrangement of lliese growing cisterns is somewhat more com- plicaletl. They are constructed of stout boards lined internally with lead, covered with a closely fitting lid, which is also lined with lead, and are situated in an external box, with which they are not in con- tact. The space between the two vessels is filled wiih small coal //, and the lid is covered with a triple layer of coarse woolen stulT, (hat the cooling process may be retardtil as much as possible. The ves- sels must not be placed near each other, a^ the shaking occasioned by removing the salt from the one, would disturb the growth of the crystals in the other. The crystalizalion continues from 26 to 30 hours, according to the temperature of the atmosphere, and is finished when the thermometer in the interior stands at 26^ or 30° C. (77° to 86° F.) The mother liquor is then drawn off with wide syphons as rapidly as possible. Wheti all that can be retnored by the syphons is separated, that which remains amongst the angles of the crystals is taken up by sponges, that no small crystals may dejiosit upon the large ones, and the whole is immediately covered, and leH at rest for several hours. This is necessary to avoid cracks and crevices in the crystals, which would be occasioned by llie action of (he cold air. The workman must not enter the vessel io remove the crystals, until the temperature of the interior has sunk to that of the surrounding air. The hewn cake of salt is then placed upon a table to be broken up into single crystals and picked over. The crystals which arc suffi- ciently nrm, and not too small, are then thrown into baskets with wide meshes, that the grains and dust may fall through, before they are packed. In this process, common borax with 60 per cent, of water is always obtained from a lye of 1.166 density. If octahedral borax, with 30 per cent, of water is required, the lye must have a density of 30^ B. (a 1.256 sp. gr.), and be evaporated at a temperature of 100° (212° F.), before it is introduced into the crystalizing vessels. Octahedral borax begins to form at a temperature of 79^0. (174^ F.), and ceases at 56° (133° F.) At this temperature, the mother liquor must be rapidly removed, or the crystals will become covered with a coating of ordinary borax. The crystals attach themselves so firmly to each other, that in removing them, hard, sonorous plates of any size may be obtained, A remarkable prejudice of the buyers, who call the octahedral variety melted borax, and think that they are buying tlie ordinary * Ttw floor F bekm- thit if imcmli kihI inclinDd, «nd mw\» of gtaaed menn% ftom whrnw atl Uiat it titiH. flcnrt into the chitniiel £. NATIVE BORAX. 319 Idud when the plates present the projecting points and angles of the uCrystaU, obliges the maaufacturtr to remove uilh a hatchet this true indication of ihcir purity, before sending the salt to the market. In both cases, vheihcr the one or oiher variety of cry5!tals have been grown, the mother liquor deposits, in the wide basins to which it has been removed, an abundant crop of prismatic borax, which, after being drained, is used for enamel coatings. This mass of small grained crystals, not having; the stamp of purity upon it, is seldom to be met with in retail. The small size and want of firmness in the crystals of artificial borax, were in the first instance so prtjudieial to its introduction, that it was necessary to imitate the exact outward appearance of Dutch borax (native purified, from Amsterdam), its brown color, the mode of packiii(^ it, the rubbed appearance of the crystals caused by land carriage, Slc., with the greatest minuteness, in order to render it saleable. Sautter has patented a proce&s for obtaining borax without the iotervention of water. 38 parts of pure dry boracic acid are tbo* rou^Iy mixi-d with 45 parts of crystatized carbonate of soda, in powder. This mixture is placed in a room, heated to from 90° to 115^ y.f upon wooden planks, in layers of about an inch in thick- pess; this temperature is found sufficient lo enable the boracic acid to expel the carbonic acul and the excess of water from the carbonate of soda, and perfect borax or borate of soda results. JSi'aiive Borax (Tinkal). — Native borax has been found in several localities, for instance, at Halberstadt, in Siebenbiirgen, in the mines of Viquinlizoa and Escapa in Peni, in Ceylon, in Tartary, China, but more particularly in India and Thibet, from wheoce the greater part of that used in the arts was obtained. According to Turner, the lakes which furnish the Indian borax are situated a few days journey from Tezhoo-Loiuboo; and the borax is found in great blocks on the shores and bottom of the stagnant salt lakes, whilst more Towards the middle, ccmmoD salt is predominant. On the contrary, Blanc and Pater Ho- valo state, that these lakes uf Thibet are situated amungitt the moun- tains of that country, the most celebrated of them, called Necbat, being located in the Canton ofSumbul. The water is said to be distributed in sluices, until, by evaporation, it deposits salt, after which it ia allowed to flow off. The crude native borax is called by (he Indians, tinlcal. It is impure, and has the form of distinct stx-sided cryslals, more or less flattoned, and some lines in length; these are sometimes colorless, sometimes yellowish or green, and always covered with an earthy incrustation, which is fatty lo the touch, and smells of soap. This latter property is derived from a substance resembling soap," composed oT soda and a fatty body surrounding the crystals. The fat em K separated by acids, and then assumes the appearance of a dark brown rancid oil, soluble in ether. From a very ancient period, borax has been purified in the sea-port towns, " re/f««/," and more particularly in Venice, (whence the ap- fiellation, Venetian borax, which is equivalent to purified borax;) at a aler period, the process was introduced into the Dutch towns, for in- 320 SALTPETRE OR KITRE. stance, at Amslenlam. The process has always beea kept secret, vet nererrheti'ss two diSerent methods of pnriticaTion have become known. In one of these, the impurities are separated hy lime, the tinkal being softened in a small qiianTlty of cold water, and stirred about with a eradual addition of about 1 per cent, of slaked lime. The turbid lime water is alternately poured ofT, and when the impurities have settled down on standing, the clear liquid is again poure<l upon the crystals, and this process is repeated several times. In this man- ner, the greater part of the soapy compound is removed, and what still remaios is separated by dissolving the crystals in hot water, and add- ing- about 2 per cent, of chloride of calcium. Chloride of sodium is produced, and an insoluble lime soap, which is removed by strain- ing, and the clear liquid is then evaporated to the consistence of 2FB. The other process consists in placing the powdered tinkal in a tub with holes pierced in the bottom, and washing it with a solution of caustic soda of 1.034 sp. gr. as long as this passes through colored. The !ye makes the soapy matter much more soluble. After draining, the crystals are dissolved in water, 13 per cent, of snda is added, which precipitates the foreign maitcrs and earths; these must be strained otfi and the lye evaporated to the consistence of 20° B. In both cases, the crj'stalixation is effected in wooden vessels lined with lead, and having the form of short inverted cones. This shape is preferable, because the deposit which may form, collects in the lowtrr narrow part, and dues not interfere with the crystalization. The use of litiie facilitates the clarification, but may occasion a loss by the formation of insoluble borate of lime, for which reason the use of it cannot be very strongly recommended. Commercial borax, compared with that obtained from tinkal, notwithstanding its greater purity, has one particular fault, that the crystals, when heated, split in the direc- tion of their natural cleavage, fall to pieces and ily ofl* from the part required to be soldered, bj which means a loss is occasioned, and the work retarded. The very great precautions used in the crystalization, lessen (his evil ; hut it is more eflfectually remedied by the addition of a small quantity of tinkal before recrjstalization. SALTFETRE, OR NITRE. What is Saltpetre? — The terra saltpetre, io an extended sense, comprises all the more common salts of nitric acid, which find any application in the arts; they are distinguished from each other bjr the addition of the name of the base, as: silver-saltpetre (lunar causiic), potaah-salipetre, and soda-saltpetre (cubic nitre). In a more li[niled sense, the nitrate of potash only, is called saltpetre, which, togciher with nitrate of soda, is of more importance than all the others, in con- sequence of the large quantities that are consumed, and the peculiar uses to which it is applied. The use of these two varieties of nitre for different purposes, is dependent upon the property they possess of i CHILI-SALTPETRE OR CUBIC-NITRE. 3n I partiog with oxyeen at a cetl heat, or of purvtying oxygen to other Mbstances, whioli have a tendency to combine with it. Other sub- stances, therefore, such as charcoal, may be burnt or consumed, by means of saltpetre, ia the same manner as by the oxygen of the air, aad the aciion is generally much more energetic. Saltpetre, chemi- cally speaking, is one of the most itowerful oxidizing agents. The oxygen is always derived from the nitric acid, and in snch a manner that nitrogen is ttimuttaneously liberated. Nitrate of potash heated alone, affoids in the first instance nearly pure oxygen gas and niiraie of potash ; on being still further healed, it is completely decomposed, nitrogen mixed with oxygen is evolved, and pure potash remains. An indirect use is made of sallpelre for many purposes, where its nitric acid is the active agent ; the separation of this acid from saltpetre is also one of Ih'P most important processes cotinected with thiK salt. On the coast.s of South America bordering on the Pacific Ocean, about 42 miles from the harbor of Yquique, and about as far from Conception, on the boundary between Peru and Chili, in the district of Atacama, very exiensive deposits of nitrate of soda (NaO, NO,) have been recently found, in an otherwise barren count r)', covered with a slight layer of clay.* These layers, 2 or 3 feet in thickness, extend loO English miles, and alTord immense quantities of the salt, which is brongrit into commerce under the name of Chiii-salipetrf or cubic nitre. In the pits, the deposits consisting of dry, hard, nearly pure salt, are seen almost immediately below the surface. The com- mercial salt is a brownish mass always moist, and has a dirty appear- ance, consisting of rounded crystaline grains, and containing, accord- ing to Moirti«u«r. Lecvnu. Witwein. Nitrate of soda . 94.29 96.70 99.63 «• " potash . 0.43 . — — " ** magnesia . . 0.86 — — " " lime . — trace trace Chloride of sodium . 1.99 1.30 0.37 Sulphate of potash . 0.24 trace — Water . 1.99 2.00 — Insoluble matter 0.20 — ^ 100.00 100.00 100.00 and also small quantities of iodide of sodium, and iodate of soda, according to Lembert. The salt is, therefore, very pure, although the quantity of impurity is not always tb« same. In a moist atmo- sphere, Chdi-saltpL'Ire attracts water, and becomes comiilt'iely lluid, a property which distinguishes it from ordinary (potash) saltpetre, and renders it quite inapplicable to some of the purposes for which ' T1t« minea arw at iIlo vina(!«ii i>r Qiiantnjnva und St Rom. The laytn of nltpeuo Iblkiw the ranrgm of n basin oi Jbrtnet InliP, snd h«ve evicli^nllf been left bjr Ib-o evnp^ ntkm oT iu wuet>. The loil of ili« wliole oetglttforliood h imvend with ohiorule of •odium. 322 XATIVE SALTPETRE, the latter is employed, for instance, to Ihe manufacture of ^inpowder. Il is, however, better adapted for the production of aqua fortis (tiilrir acid), anci as a source of nitric acid in the manufacture of sulphuric acid^ both on account of ils cheapness and because it contains 10 per cent, more nitric acid. Nitrate of soda requires at 0° (32^ F.) 1.25 parts, at ]8.6° (65'=' F.) 1.14 parts, ami at 47° (116.3° F.) 0.T7 parts of water for sohition, in which it dissolves with a great pro- duction of coUi. Ordinary Saltpetre. — Ordinary saltpetre, nitrate of potash (KO, NO,), sometimes railed prismatic saltpetre, also contains no water in the crystalized state. The presence of this salt in the sap of the sun- flower, of common borage, of ihe celandine, of tobacco, and other plants, as 'well as in small quantity in sjiring water, has not as yet been employed for any practical purposp. Occurrence of JS'ativp Saltpetre — Ready formed or native saltpetre hos been frequently met with in the soil, and in several places it is extracted; it is never found, however, in distinct layers, like the cubic nitre in Peru, but disseminated throughout the Esoil, and occa- sionally as an incrustation upon the surface. In the chalk formation on the banks of the Seine, near Roche- Guyon and Mousseau, for instance, there are several caves, which are used as stables and for other purposes. In the front part of these caves, which look towards the south, but not in the hindermost in- ternal parts, saltpetre is found in the surface rock; the matter con- taining the saltpetre is collected several times during the year, and is spontaneously reproduced; it is extracted in the usual manner. According to Lavoisier, the saltpetre is accompanied by chloride of sodium and chloride of calcium. He found in specimens taken from the cavern of Fouquieres SJ, from that collected near the church of Moiixseau 5\|, and from another locality only 1\| percent, of nitrate of potash, alter having treated the aqueous extract of the saline mix- ture with potashes. The saltpetre caverns in the island of Ceylon, which were carefully examined by Davy, are extremely interesting. These consist of natural caves in a limestone rock containing mag- nesia and feldspar, which have been gradually enlarged oy the removal of the nitrified stone. Some of these, like that of Itoulal- wellegodc are the resort of inmimerable bats, whose excrement collects in them. In others, there are none of these animals, as is the case in the cave of Meinoora, which is situated in a hill about 300 feet high, and thickly wooded; it is 100 feet broad, 80 feet high, and extends to the depth of 300 feet. The thickness of the roof is, there- fore, not verj' considerable, and the flonr is composed of the naked rock without any covering of earth. Davy found here sixteen work- men employed, each of whom furnished ^ cwt. of saltpetre yearly to the government. The fact, that during the six dry months of every year for the last fifty years, this work has been gotng on, proves that the produce on the whole cannot he inconsiderable. Davy found, on examining a specimen of the rock from Memoora cave, in 100 parts: n K&TIVE SALTPETRE. 323 I I I I 2.4 nitrate of potash 0.7 ' '* magnesia 0.2 sulpbale of magnesia 26.5 carbonate of lime 9.4 water, and 60.8 of residue, insoluble in veak nitric aridi and consisting of feldspar, quartz, mica and talc. The potash is, no doubt, derived from the disintegrated feldspar, and was always found accompanying the nitrates of the earths, whether these consisted of magnesia or lime. The mode of producing saltpetre from these caves is simple and cheap, but somewhat crude. The workmen loosen the stone from the inner surface by means of iron tools, and mix the pounded mass with about an equal portion of wood-ashes. When water is poured upon the mixture, the nitrates of the earths part with their acid to the potash in the ashes, the earths are precipitated, as carbonates of lime and magnesia. The clear decanted jye, which contains the nitre produced by the ashes, as well as that naturally present in the rock, is iirt>t exf>o$ed in pits and evaporated to a con- siderable extent by the heat of the sun alone : it is then further evapo- rated in pans to the point of crysialization. That which crystalizes on cooline. is crude saltpetre, which is iuimedialely sent oil'. Similar caves are known on the coasts of the .'Vdriniic, in Italy, (Pulo di Mofettft,) in some parts of the United States, (Tennessee, Kentucky, on the Missouri and CrDoked river,) in Africa and in Teneriffc. The occurrence of native nitrates in South America, in some dis- tricts of India, Arabia, £g>'pt, Persia, Spain and Hungary is some- what diSerent. Id India, Bengal, and the neighborhood of Patna, are the Boarces of the largest portion of the saltpetre supplied to (he Eu- ropean market from Hoiighly, which is previously Soiled at Chiopera. lu Hungaiy the country about Semeny, Debreczin, and Nagy-Kallo is celebrated for its saltpetre pits, and supplies the ditferenl .saltpetre works in the Counties of Bihar, Szabottsch, and Szathmar (belonging to the Freifaerrn von Vaj], as well as those of Porndorf and 2omdorf ia the County Wieselberg, Korod and Burus in the County Schaumeg, Szelnitz in Liptau County, NeusobI in the GL-spannschitfl of Sohl,and Oedenberg and llaboth, in the County Ocdcnberg. Tliese salts are found widely disseminated in those districts, but never extend to any great depth below the surface, never lower than where the air can '4Ptfily penetrate. The infiltration of rain and dew naturally dissolves the salts, so that the soil is never moistened by pure water, but by a weak solution of nitre. When this solution is evaporated by the action of the sun and air, its place is immediately occupied by a fresh .solu- tion from below, wlucU rises in consecjueiice of the porous nature of the soil, in obedience to the law of capillary attraction, and is vapor- ized in the same manner. Thus all the saltpetre is gradually brought to the surface from the lower layers, and remains afler the evaporation of the water in hot weather, as an incruslaiion of considerable tlitck- DeaSf sometimes in the form of solid crystals, at others as bundles of 324 FOftMATlON OF SALTPKTRE IN THE TEMPERATE ZOKEU. 6ne threads. It is collectetl in the form of a saline mass mixed with earth. Dary found in Bengnlese saltpetre earth, from the district Tirhoot : 8.3 nitrate of potasti 3.7 " " lime 0.8 sulphate of lime 0.2 chloride of sodium 36.0 carbonate of lime with traces of magnesia 12.0 water in which was some organic matter, and 40.0 matter insolable in nitric acid 100.0 The process to which this earth is subjected, is the same in prin- ciple as that practised with the rock of the rarems, only the addition of ashes is frequently omitted, from b scarcity of that substance, and indeed, it is here not so essential, as the earth itself Is richer in nitrate of potash. Nitrate of lime then remains in the mother liquor, and is lost. The Hungarians treat the earth in precisely the same manner, af\er it has been loosened with the ploufjh and collected. This coun- {r\ (Huni^ary) as has been remarked, is particularly abundant in salt- petre, which occurs mostly in bo^y places, for example, in the old Dfti of the Theisz, on the left shore of the river which is exposed to inundation: in the neighborhood of certain salt water bogs, and in other places. 100 square fathoms Hessian produce yearly 4^ cwts. of impure saltpetre, the produce being collected at six different times. The soil in some parts of Spain is also iucrusled with saltpetre, in New Castile, Arragon, Catalonia, La Mancha, Grenada, &c., the pro duce of those districts being worked, according to Proust, at Sara- gossa, Alca^^ar de San Juan, Tremblaque, &n. Formation of Stltpetre in the Temperate Zones. — From the preced- ing facts and observations, it appears that the localities which natu- rally a^ord saltpetre, without the intervention of man or animals, are nearly entirely confined to the tropics. For whilst the soil of those countries, without any extraneous assistance, produces abundance for home cunsuinptioD, and partly supplies the foreign market, potash saltpetre, which is the most valuablf, occurs only in a very few spots in the temperate rones, where its formation has not been assisted by the addition of ruaJy formed nitrates, and the produce of these parts is as nothing compared with the vast consumption of the salt. Neverthe- less a kind of artificial nitritication is always going nn here upon a large scale, under certain other conditions, which are only found col- lectively combined in the neighborhood of inhabited places. The first amongst these, is the necessity for the jiresence of nitrogenized matter, either of vegetable origin, or consisting of the refuse of animal bodies or fluids, urine, excrement, blood, &c. &c., which in the pre- sence of powerful bases, ibr example, potash, lime, magnesia, decay and rot, and gradually give rise to nitrates of the bases. Nitrate <rf potuh, however, is found in small proportion as compared with the 4 I I I k COSDtTlONS NECESSARY TO TH& FORUATtON OF tALTPETRE. 335 nitrates of the earths, potash being contained in all soila to a much smaller extent than the earths. All the observiitions atiil experiments which have been made, tend to show, thai in (be formation of saltpetre, the following renditions mast always be ful6He<l, namely: ITie presence o{ ^he above-mentioned 6iue«, lime, magnesia, potash, and these must be in a loose porous stale, so as to be easily perme- able— as they are contained, for instance, ia marl, chalk, mortar, &.C., but not in the form of marble, dolomite, feldspar, &c. The presence of moisture in such quantity That the matters engaged in the formation of saltpetre may be uniformly penetrated, but not innndflted by it. A Umperatvre of\b° (69* F.), or 20° (68' F.) ; for a temperature of 0''(32'' F.)i8 sufficient to put a stop to the process entirely. Laslly, 7)l« ummpedtd access of air. These condittoDS are universally necessary; but the colder regions require in addition — The prtsenct of decaying vegetable or animal matters, containing nitro^n. The action of ligftt appears rather to accelerate the process, than to be absolutely necessary. It is of little consequence, as will easily be conceived, to the form- ation of saltpetre, whether these conditions are of accidental oc- currence, or whether Ihey are expressly created for the purpose. Id fact, the crude material for the prodiirtion of saltpetre is as easily obtained in the temperate zones by artificial means, as by col- lecting the substances in which it has naturally been formed. The localities in which saltpetre earth is artificially produced, are called saltpetre plantations; the earth, on the contrary, which is collected together from different places, is called steept salfpeire. {Kehrsalpetre, Gayerde, Gai/safpetre,) A few fxanipjes will indicate the manner in which advantage is taken of the different localities. Saitpetre/rom tValls. — In densely populated towns, with narrow streets, where the excrements of beasts of burden, the refuse from ■iBugbter-houses, and from trades of a like nature, where the water from the houses, the refuse oT markets and other similar matters mix with the iluid in the drains, and are in a constant slate of putrefaction, it may be seen, bow the coating of mortar at the base of the external walls is gradually eaten away, and becomes covered with a lloccular, while crystaline efflorescence, a phenomenon the appearance of which is a source of alarm ou account of the injury which ensues to the boildings, anil which is called saltpetre rot. The same phenomenon is not unfrequcnt in other parts of the walls which are not directly exposed to the mud of the streets, but to the infUtralion of fluids, for instance, from the drains of privies, or to the urine of cattle in stables. It is, however, rery necessary, beforv collecting any such efflorescence, to ascertain, either by the taste, or belter by lixiviation and evaporation, the nature of the salt, for the 2o" 336 THOUVKNBL-S MBTHOD OF PRODUCIKO SALTPCTRB. observations of Kuhlman have proved, that these often arise from the sulphates and carbonates of (he alkalies contained in the limestonef and do not consist of nitrates. Production of Saltpetre in Switzerland. — The earth below the flooring of stabtes, or in the neighborhood of dung heaps, in the cellars of dwelling houses, where the remains of vegetable or other organic matters have been left to decompose, is a material which can be used for the production of saltpetre. Thus, in Switzerland, for instance, in Appenzell, the position of the stalls on the declirities of the mountains, when not too dry, and having a more northerly aspect, is made subservient to the production of saltpetre. When the build- iag has its entrance towards the mountain, and the opposite side u supported by beams or a raised foundalion, the floor of the stall is necessarily hollow. A pit is then dug 2 or 3 feet below the floor and of the same dimensions, and this is filled with a sandy porous earth, which retains all the urine that falls through. In two or three years this earth has become sufficiently iuipreguated with saltpetre for lixiviation, and the same operation can then be repeated CTeiy year, for the saltpetre boilers affirm, that the earth which has already served for one saturation, when again brought into the pit is better fitted than fresh earth for a renewal of the process. ,'lt Long^pont. — The foregoing plan may be regarded as a crude saltpetre plantation, as is also that at Longpont in France, where the stone quarry, which orignated with the erection of the Abbey Church in ihaTtown, is employed for (he same purpose. The quarry is siifH- cient' exposed to the air, and is always vcr^- damp. Karih and dung are alternately arranged in layers 4 Inches thick, one above the other, and the whole heap is then eorered with earth. Moisture being always present in sufficient quantity, it is not necessary to water it, but ibe liquid manure from the stables and houses is conveyed to it, and materially increases the amount of nilrogenized matter. At the expiration of the second year, the heap has rotted away to a uniform mass of earth, and must then be advanced nearer to the mouth of the quarry (more exposed to the air), where it is occasionally turned over, and in the course of two more years is in a fit state for Uxinating. From the dung of 25 cows, asses, and mules, about 10 or i'2 cwts. of saltpetre are thus obtained. ThouvmcVs method. — A proposition depending upon the same principles was made seventy years ago by Thouvenel, and recom- mended by experienced men as tiuite compatible with the system of French agriculture. The proposal was, to connect the production of aaltpetrc with the sheepfolds, and use a portion of the manure from the sheep for that purpose. Whether agriculture docs not sulfer as much from the diminution in the <)uaiitity of manure, as is gained by the production of saltpetre, still requires a positive and direct answer. The earth in the stalls and sheep-cots is in ihe first place loosened to about a foot below the surface, and the animals are plentifully sup- plied with straw. Whilst the dung of the sheep gradually forms manure with the straw, the porous earth absorbs the nuid excrement ifALTPETRE PLANTATIONS; 327 wilhout'mixing witb the former. AH er some months, llierefore, when it h»3 become nece.ssnrj, ihe Hiraw inannre inav lie removt'd, and the • earth beiow it turned over, and covered with a layer of fresh earih, vhich increases its power of absorption. This operation is repeateU several times dnHng the year, and the earth then becomes suiliciently toipregaated with the excreraeiititious substances to fit it for the pro- duction of sflllpetre. The operation is then conducted in an airy sbed, where the earth is heaped up 3 feet high into a kind of wa]l or dam, turned over once n month, and watered at intervals with liquid (manure. At the end of two veers it is Bt for extracting. In Sweden. — In Sweden saltpetre is one of the revenue taxes, and IB consequently prepared by the peasiinls on the estates themselves to iwooden shens or huts, the floors of which are covered with clay or boards. A mixture of loose eaxCh, refuse of all kinds, both animal and vegetable, with lime, marl, or exhausted ashes is made up into a heap, aud watered from time to time with the urine of auimals, partly to Iceep the mass damp, and partly to increase the quantity of salt- petre, for no animal fluid is so rich in nitrogen, a.s urine. During the summer the heap is turned over weekly, and in the winter every month, care being taken to keep the whole as loose as possible, either by the insertion of twig.s, or by piercing holes through it. It is also believed that saltpetre is more readily formed when the light is ex- cluded ; the whole operation requires two or three years. Saltpttre Plantations. — The preparation of the so-called saltpetre earth, and the actual produciion of saltpetre upon a large scnic, form two distinct operations in the saifpeire plantations, as is also the case in Thouvenel's method. Earth impregnated with putrid nitrogenized matter is either collected from cattle stalls or slaughter-houses in the neighborhood, or heaps in which putrefaction can go on are erected for the purpose of producing this earth. There are three classes of substances which can be used for this purpose; the substance must either consist of vegetable matter, as weeds (belonging chiefly to the families of the Solanacem, Euphorbiacs, or Fungi, which are those containing the largest quantity of nitrogen), pea, bean, and Indian corn-straw, sun/lower, &c.; or it \s solid animal refuse, as the dnng of birds and quadrupeds, the mud from stagnants ponds, mud from the streets, flcEih, cuttings from the tanners, &c. ; or lastly, fluids con- taining nitrogen, as urine, liquid from cesspools, water in which bloody flesh or cheese has been washed, &c. The vegetable sub- stances are first spread out upon a layer of earth, upon these the other solid matters are laid to a height of some feet, and the whole is covered with a second layer of earth. The lluids are used for watering the heap, which must always be moistened throughout, but never wet. To allow the fluid to penetrate, holes are bored from above towards the middle. Af\er a lime, the separate fragments lose ail form, and rot into a uniform mass, which is then mixed up with the earth below. It is certain, that during the putrefaction which goes on in such a beap, a very lai^ portion of the nitrogen escapes, as ammonia, which 328 6ALTPKTRE PLJinTATIOKS. must be considered as so much loss or saltpetre* for ammonia in ftU probability is the starling point for the whole production of saltjjctre. The earth thus prepared must be intimately mixed with old mortar, marl, loose limestone, or lime ashes (the requisite bases), and exposed to the action of the air in a con.slantly muisl state. Hence arises the necessity of giving the whole a great extent of surface, and forming; it into heap^, as il must not be allowed to occupy too much space. When the height of llie heap is more than a fathom, ibe upper part dries loo rapidly, and the erection of the heap becomes too laborious ; accordintr to circumstances, therefore, the shape of the heap varies. When no roof protects the heap from the access of rain, the nature and inclination of the ground must admit of the water which runs oiT, billing collected into a cistern or pit. The grnuiid should, there- fore, be a layer of clay, and the heaps should be opposed to the pre- vailing wind, ami secured bv tlicir po.sitinn from inundation. Expe- rience has also shown that a degr'e of moisture corresponding with that of ordinary ganlen mould is most advantageous. The heap is generally made in the shape of a ilatteoed pyramid, from 6 to 7 feet in thickness, and about a fathom hi^h; a passage being left open at every 15 feet; a space must also be left between the heaps for the passage of the barrows ustd in building and rf;moving ihem. The inclined sur- face of the pyramidal heaps is generally arch'ed, but in such a man- ner, that the arch is not so wide as the heap is broad. The spaces on earb side are traversed by gutters, where the fluid used for moist- eoiug the heaps, which is kept in reservoirs, collects, so that it runs off and permi^atfs the sides of the heap, just where evaporation is most rapid, and the formation of saltpetre greatest. When the process has attained a certain point, a white mouldy appearance is perceived on the surface of the heap, consisting of nitrates of the earths. The earth is considered fit or ripe for lixivia- lion, when 1000 cubic inches will produce about 5 ounces of salt- petre, a state which it generally requires three years to attain. For eveiy 10 cwts. yearly produce, 120 cubic fathoms at least of earth must be laid out in heaps, of which } becomes ripe each year. Although no accurate method is known of ascertaining the quantity ronlained in the tarth, except that of dissolving out a lew cubic feet, the workmen are, nevertheless, enabled to judge of its fitness by the amount of cooling taste pn>duced by the earth on the tongue. This method must obviously be subject to grave errors, and the saltpetre must be much too unequally distributed over tbe whole heap to admit of its quantity being ascertained by a single handful. When tbe fitness of the earth has been proved by one or the other methfKl, it is of importance, in order to save time and laWr, that the bulk of earth, in which tbe saltpetre has been prmluced, and which has to be lixi- viated, should be reduced as much as possible, and this can only be done, by accumulating the nitrates in one part of the earth. The application of the same principle, wrhich was explained with reference to the cfHorcscence of saltpetre on the soil in Bengal, aftbrds a con- venient means of doing this. The following is the method practised. • SALTPETRE PLANTATIONS^ 339 When the earth is nearly ripe, no more liquid manure is poured upon the heap, as time would not be allowed for the mtrog;eDou8 matters to be cDDverted into saltpetre, and these would only cuntaifiinate that which has already been formed. Thus no ooiupcnsation is made for the tluid, which, leaving its saltpetre behind, evaporates from the surface above, but the liquid preseut in the heap is constantly drawn up by capillary attraction, and evaporates in the same way as before. In ttus manner, the saltpetre is accumulated to a certain extent in the outermost layers, and is scraped off to a depth of 2 or 3 inches several times in ihe year. The earth thus collected cannot be used imme- diately, and is, therefore, best preserved under a shed, frequently turned over and sprinkled with water (not with mantire), by which the amount of saltpetre is somewhat increased. At last, so little remains of the whole hesip, and what does remain, contains so little saltpetre that it is not worth collecting, and the heap must be renewed. For this latter purpose, not only fresh earth is employed, but also that which has been lixiviated, until it is exhaiisltd and useless. It is also affirmed, that earth still containing a little saltpetre, acts mon: rowerfully in inciting the formation of fresh saltpetre than such as as been entirely deprived of that salt. In some places, the heap is simply reconstructed with its former dimensions upon and around the old residual portion, whdst in other parts it is considered belter io - mix this residue with the fresh earth, and reconstruct the heap with the mixture. The method adopted in Prussia with the saltpelre-earth is some- what difTercnt from that above described; but in certain respects it is better adapted to the object in view; the heaps are there constructed with perpendicular sides, and called, consequently, very appropriately, "wottj." The side opposed to the wind is simple and llat, the op- posite side forms a series of steps down to the bottom, which give grater firmness to the whole. On each ledge or step is a gutter which carries back the excess of liquid poured upon it to a cistern. In this arrangement, the watering tates place at the back, whilst the evaporation proceeds chiefly on the side opposed to Ihe wind, so that the saltpetre is drawn by degrees towards the latter part, whence it is also gradually removed, just as much lixiviated and fresh earth is added to the ledges behind, as ripe earth is removed from the front, so that the wall, retaining its form and thickness, is gradually being altered in position, but is always preserved at the same distance from the neighboring walls. Thus, the production of saltpetre is never checked by the entire removal of the heaps, and this is a great ad- vantage, as it is much more difficult to set the process going, than to keep it constantly in action. The large importation of Indian saltpetre, however, has latterly nearly put a stop to the expensive and troublesome culture of the plantations. Theory of the Process of Jfit/ijication, — When a collective view is taken of the different methods of procuring saltpetre, it becomes evi- dent that nut oue of Ihem can actually be called an artificial production 330 TIIBOHT OP THE PROCESS OP KITBIFICATION. of the snlt. Whatever bears this name in practice, as for example, the cultiration of the "plantations/* is merely the combinHtion and ful' filraent of^ertHin conditions which bare been found by experience to be absolutely neces&ary to that spontaneous process of a chemical nature which lerininales in the pifxiuclloii of the nilraics. The work of those engage<l in the plantations has no immeiliate influence Upon this process, and only tends Co ward oil' the obstructions v>luch oppose it, and preserve the conditions which have already been enumerated. These conditions have been ascertained, and established by name- rous observations. Glauber, and at a subsequent period, Stahl (1698) occupied themselves wiih tbijt subject; Lavoisier, in the year X777, published his theory of the process in a pamphlet devoted to the subject; and lastly, sinrx- the year 1775, when the Fn-nch go- Ternment offered a pcize for the best treatise " upon the principles upon which the productinn of saltpetre is based, and the best method of putting them io practice,'* and the accepted and otherwise re- markable documenis, amongst the sixty-six that were sent in, were made known by the commissioners of the academy, and enriched with explanations and remarks iu a compendious treatise of their ovf n ; the knowledge thus gained, has been rery much increased and aug- mented in more recent times by the important investigations of tCuhl- maun. Notwithstanding the large amount of accurate toformation thus coJIecled upon the prinrtples concerned in the production of saltpetre, yet the researches mentioned, and amongst the more recent, those of Gay-Lussac and Liebig, although they nave thrown much light upon the probable nature of the process, have failed in establish- ing the views advocated, as actual positive facts. The whole explanation of the process hinges upon the source of the elemeots of the nitric acid, and more particularly upon the source of the nitrogen. With reference, in the first place, to the supposition, that the two principal coDstituents of the atmosphere (nitrogen and oxygen) are the sources of these elements in saltpetre, it must be stated that this, of all others, is least oon6rmed by observation. It is, indeed, known that lightning in passing Ibrough the air, induces the elements to unite and form nitric acid, the presence of which can often be demonstrated in rain and spring water, but this action is so very limitetl, and of such rare occurrence, that its adoption as an explanation of the form- ation of ultpetre is inadmissible, and so much the more so, as the phenomenon from its very nature is inapplicable lo every case. Salt- petre, for instance, can be formed under circumstances which render it quite impossible that the nitric acid existing in the air can have access to the mixture of lime, &.c. The opinion (formerly expressed by Longchamp) is quite as untenable, which ascribes the union of the free oxygen and nitrogen in the atmosphere, to an action exerted by the porous mineral constituents of the soil, similar to that of pUtina- sponge. Fontanelle found no trace of a nitrate in washed or unwashed Jinustone sand, or in washed or unwashed granite powder, which he THBOftT OP Tni lOff OP HITAB. 331 ncposed, } a cnt. at a limp, 1o Uie almosphcre during three jeara, [irotecteil from the rain, and moisTened with tlislilled water. On the cooirary^earih mixed wiih lime rubbish, ixlien exposed under similar eircucnslances, yielded 4 per cent., with ^th sheeps-dung 5^ per cent., with ,',jlli horse-dtiug 5 per cent., with Ath cow-dung 4} per cent., with animal mnnurc 6 per cent., uid with animal manure, and ^th lime rubbish at the same lime, 8 per cent. The same results Were obtained with chalk, which produced no saltpetre by itself, but was observed to do so when in contact with nitrogenous matter. The nitrogen in the nitric acid is, therefore, not derired from the atxnosphere; but in all probability from (he putrefying animal and Tegelable substances. When such compounds containing nitrogen — all of which are of a highly complex character — undergo putrefaction, and are resolved into simpler and more stable combinations, it has always been found that the nitrogen, exerting a pre-eminent aHinity fcr hydrogim, combines with the latter element to form atrunonta, a mode of combinaiioti which, under the circumstances, is, as it were, the most easily ejected. Thus, Kuhlmann in his expeiiments, was always able to produce ammonia, when hydrogen or earburetted hy> droceo, at the moment of their evolution, were brought into coatact with nitrc^en in the nascent state. Hence the formation of ammonia must always hare preceded that of sahpetre from animal matters; and, indeed, the same philosopher has shown that the production of nitric acid can only be effecied by the decomposilion of ammonia (always excepting cyanogen). A mixture of ammooiacal gas (or of carbonate of ammonia] with air, passing in a current over platina- spwige, produces (at 300° C.) peroxide of nitrogen in abundance (KH, 4- 7 0»NO,4-3 HO), which is easily converted by water into nitric acid. But even at ordinary temperatures, the oxidation of am* monia proceeds ; C.de Martigny found aiuinoiiia which had been con> 6oeU with air over milk of lime, converted, after six months, into nitric acid. Ammonia is peculiarly adapted, in being oxidized, to form nitric acid, because the water which is essential to the existence of nitric acid (the anhydrous acid being unknown), is f^med simul- taoeously from the hydrogen of the ammonia.* When the source of the nitrogen in the nitrates is attributed to the organic substances, it must be remembered that very considerable aiiaulities are requisite to explain their production. Supposing even iBBt no loss occurs, '2(i0 to 8titi lbs. of human excrement, 433 lbs. of orine, 2600 lbs. of cow-dung, or 1024 lbs. of fresh muscle are nece»> * KnliUnana hai •ince ruiiSnnciil tlie (latemenu in ili« texl by flill mora Mnking «x- ■mi ulptiMU of nmmona, wt)«nlu»i«<l in ■ leton, yieidt a lifffA quantity of nitric OdK Bf iMMiing n mUiure of pvruxide of maui^iistw. vr p^niiide of I«ai1 with ire«k Mitpbiiria ■cid, In till! \|>fuafioe o( wlpluita of anunoola, ttie anunoiuB ia converwd, id Uke mannar, uiKt mtnc BciJ. H. Damn* liai alio ilwwn, iii coTfobomiion of tha mkiIis o( Kuhlninnn't nteaicliM, Au, when a eunmt of moist air, mixed Mriib anunoaia, la pweed otoi chalk niobieoad with a aoUiiioa of ponuli at ■ iEa)pt>nitafc of^l^" F., llicTe la ftnned, in ibe couraeafa fcw tlaff, > ooniulemlila quaotiiy oC nitrate of jiotail). 332 TUKOBT OP THE FORHATrON OF NITRE. saiy to sappier the mtrogen of 100 lbs. of saltpetre. It is, therefore, not easy to conceive how the saltpetre cau hu produced in many places, where organic remains are fxecedingly scanty, or altogifther Mrantiog, as is the case, for instance, on lloche Guyon or Ceylon, where the excrement of bats, (he presence of which has been adduced in explanation of the formation of saltpetre, is entirely absent in seve- ral caveruK, winch, nevertheless, aflbrd saltpetre like the others. It is an established fact, that the numerous dead bodies of animals and vegetables in undergoing putrefaction, aflbrd a constant supply of ammonia to the atmosphere, and, on the olber band, that the porous rocks on the surface of the earth, and the vegetable mould absorb and condense this ammonia with avidity. Thus, the nitrogen would still be deiived from (heorgciniu matters, and assist indirectly in the form- ation of saltpetre. The experiment of the committee of French aca- demicians with chalk, which, after being carefully wiuihed and freed from all soluble matter, was hung up in a basket over putrefying blood, proved tbiJj beyond a doubt, for, alter a few months. 2^ per cent, of nitrate of lime was oblained from it. Besides, all ilie nitric acid of spring water, in which it has often been found, must remain behind in the stone walls of tho^e caverns, when the water trickles through their roofs and sides. Although from what has been already stated, it appears almost proved, that nitric acid is derived, either directly from the oxidaiiou of the ammonia of the putrefying organic matters, or from the air, the question naturally prcsenls itself, why is not saltpetre found at all parts of the surface of the earth, where the necessary bases are pre- sent for fixing the acid? That which happens in many other cases of decomposition, is also the case here : all the necessary conditions for the exertion of chemical affinities may be prepared, and yet the action iivill not ensue, unless some impulse be given from without. This impulse proceeds most generally and enorgclically from some ciiemical action already in the course of operation. Thus (he decomposition of a solution of sugar into carbonic acid and alcohol can be induced, by brinmng it into rontact with a body undergoing decomposition (yeast), before it would spontaneously take place. By carefijlly weigh- ing all the circumstances, and comparing them with similar processes and phenomena, we are led to the assumption, thai the production of saltpetre is always accompanied by the decay of other malten;, and can only be induced by that process. The conversion of ammonia, in this case, into nitric acid is precisely similar to the oxidation of fusel oil, in potatoe spirit, into valerianic acid, which process occurs in the vinegar casks, where the oil is in the presence of alcohol, which, \|\|^- the action of atmospheric oxygen, is being converted into acelic acid. As has already been stated, the experimental conversion of am- monia into nitric acid has only succeeded at a temperature of 572° F., or by the intervention of a free base, both of which conditions either do not occur in nature, or arc only exceptional. The impulse which decomposing bodies can thus communicate is, however, sufficiently THEORY OP XITRIPICATIOX. 333 powerful in nit probability to gire rise to the forniBlion of saltpetre at ordinary temperatures, and the lime which is allowed for its produc- liou in nature verv much exceeds the duraiioo of onJinar^ experi- ments. It appears that ammonia is oxidized to nitric at-id immt'dintely on its evolution from organic bodies, in the tropics onl)'. It is highly probable alixi that ammonia plays a double part in Ibe formation of saltpetre: first, in surrendering its elements to oxidation, and then, also, in saturating the acid, and producing nitrate of ammonia. To form a clear idea of the importance of this point, it is necessary to re- member the general law, that a chemical decomposition or change is so much the more easily, and indeed, sometimes is only produced when the products find occasion to enter immediately into new com- binations ; thus zinc will only decompose water in the presence of an acul (sulplmric acid) which combines wiih the oxide formed. The carbonates of the earths possess no basic properties, and can- not, therefore, exert any similar action; this, however, is not the rose with the carbonates of potash and soda. Knhlmnnn has shown that ammonia can also assume this function, so that in the decay of uitro- genized substances, when carbonates of tht; alkalies are not present, or only in insufficient quantity, nitrate of ammonia is formed, and can be sbown to exist in all the liquors obtained from ordinary saltpetre earth. The nitrate of ammonia and the carbonates of the earths (lime, magne-sia) or alkalies, afterwards exchange their constituents, so that carbonate of ammonia and salts of nitric acid with the earths and alkalies are formed. In those cases, where carbonates of soda or potash are entirely wanting, Kublmann is inclined to believe, that the ammonia, besides parting with its elements for the production of nitric acid, acts as a pun'eyor, like the nitric oxide in the sulphuric acid chambers. For, inasmuch as the moisture in the earth, and indeed all water, contain.^ much air in soluiion, and in a condensed state, and this confined air is 13 per cent, richer in oxygen than common air, the union of this oxygen wiib the nitrogen (of (he air) is by this means so much aided and facilitated, that (be co-operation of the pre- disposing affinity of ammonia, eren to a limited extent, can very easily determine it. The niirate of ammonia would then resign its arid to the earths, become carbonated, and in this slate — being a salt with basic propcrlif'-s — would resume the same function in a higher degree, on account of the presence of moisture, which is essential to the proUoction of saltpetre, and which would preser^'e it from too rapid evaporation, &c. This process, performed through the medium of ammonia, might also possibly occur when organic matters are pre- sent in sufficient quantity. It most not he forgotten, that the occurrence of saltpetre may some- times be the result of a process long hirice finished; and for this rea- son ita formation will appear inexplicable, as It is no longer going on a1 preseut^ and the conditions which gave rise to it have long ceased (o exist. The fUCCWMve operations to which the ripe earth is submitted, 334 LIXIVIATION OP SALTP£TIt£-EARTH. are undertalcen for the purpose of separating the nitraUa (torn it, eon- verting tAete into nitraU of potash ^ crt/stalizing and purifying the product. LixivirUion of the Karth. — The point wliich requires the greatest attenlion in dissolving out the nitrates, is the use of as little water as possible (as this musi afterwards be almost entirely evaporated with a corresponding expense of fuel), so as to leave no more of the salt behind than is required for its after-application in the heap ; this quanlity should he about 1 or J pur cent. Lye of 12 or 14 per cent, is generally coasidered Bt for boiling. If the process of lixiviation is to be carried on with any degree of certainty, the operator must be furnished with instniraents, which will indicate with sufficient accu- racy at any moment, and with ease, the amount of saltpetre in the different lyes. For this purpose the saltpetre hydrometer is used, the scale of which consists of a series of divisions iudicutiu^ the depths to which the instrument will sink when immersed in an artificial solution of 1, 2, 3, 4, 6, &c., per cent, of saltpetre in water. Each degree, therefore, indicates 1 per cent, of saltpetre, at that temperature at which the instrument was graduated; the indications are ven* accu- rate in pure solutions, and sufficiently so in crude liquorSy which is the name given to the first solution from the earth. The material for lixiviation is placed in casks with double bottoms covered with straw, and furnished with cocks (like those used in the potash works, page 294) ; these are arranged in the samp manner one above the other in three rows, with gutters connecting them with the sunken lye cisterns. The mode of conducting the process depends upon the same principle as in the former case: the same quantity of water is passed through diderent casks containing earth until it has become fit for boiling, and the same quantity of earth is treated with fresh portions of water until it retains only } to 1 per cent, of salt- petre. Tlie advantat;es of this method, which Mas described and nar- licularly recommended for the saltpetre fabrication in the year 1820, by the Comiti consultatif des poudres et sntpttres de France, will easily be perceived from the following observations. Suppose each cask charged with 6 cubic feet of earth, containing about 8 lbs. of salt- petre, and suppose further, that half the water poured upon it is each time retained, and that just enough water is always added to drench the earth nearly to its surface {3 cubic feet), then the process will be as follows, supposing each cask to be lixiviated four times, and sufii- cient time allowed for the water to dissolve at) the saltpetre: PMnd upon Tboro will remain TiKn: mn pouMd ett iM wnier >= 5 C. P. 3d ■• = IJ " Ciuk A. " A. 1) C.F. of iliP B tlw. Ij .. .. 4 n 1^ C.F. of ih« l<]t». ,j .. - 4 . These make, together, 3 cubic feet containing 6 lhs.,Bnd are poured upon a fresh cask B, in which there is a].io 8 lbs. of saltpetre. When this bas been dissolved^ 1^ cubic feet will remain, and 1^ cubic feet, itaining LIXIVIATIOK OF SALTPETBE-EARTlf. 6+8 336 7 lbs., t. e. 14.9 per cent, of \ye for boiling, will flow off. It follows, thftt : Poured upon Will tN>r« Awl lltnce will flcnr Off 3J wiWT=IiC.F. 4(h* ■ = ■■ - C««k 1) C.F. Ita. J) C.F. Itx. The 3d and 4lh water together, after flowing from B, make 3 cubic feet coot&inlog — - — * ^ ^\ ]bs., and this is poured upon the cask C where 81bj. arc again to be taken up, so that I^ cubic feet of Ire with 7\| lbs. = 15 per cent, flow off for boiling, and as much of fine same strength remains. In This manner, the operation proceeds with- out interruption, the first cask ^ being now exhausted to 1 per cent., \s emptied and charged again. But when the same quantity of earth is to be exhausted to the same extent, i. e. to 1 per cent, at once, SOO cubic fuel of water must be poured upon it, of uhich 79^ cubic feet of lye containing 1 per cent, will flow off. In this rase, there* fore, 5 cubic feet of lye contain 1 .6 lbs., and on the iroprored method they contain SiZ\| to 23 lbs., so that, in order to obtain 1 cwl. of salt- petre accordinff to the improved plan — _ 221 times ^ * ' , 13.8 cubic feel ' less water has to be evaporated. In a work that produces yearly from 200 to 300 cwts. thirty-six casks are requisite, three rows of twelve each, therefore, so that the lye flows directly into the corresponding cask 'of the second row. Tiroe roust, of course, be allowed for the lye to dissolve the whole of ■ the nitrates, and ihe cock is consequently ke[>t shut during twelve hoars. That the earth may be uniformly impregnated with the water, and no channels may be formed amongst the salt, all the coarser lumps, pieces of lime, &c., must be previously broken up; it is usual also to arrange the earth id the casks in the form of a fiiDnel, and not with a Hat surface, so that the water may flow through the middle, and effect a more complete solution. The water in the first operations (lows from one cask to the olher by itself, but when it has to be brought frnni ihe lowest row to the uppermost, to econo* mize time, a pump may be used. The lixiviaiion of the ash is repeated three or four times according to the locality; but at every pe rioi] of the operation one cask is charged with fresh earth, whilst another contains earth once lixiviated, and a third, earth that has been twice treated with water. The lyes of different strength are distinguished by the appellation.s wash water, weak, strong and boiling lye. .ixiviattng troughs. Fig. 135, may be substituted for the casks, have the advantage of occupying less space ; they are made oC 336 LIXIVIATION OF SALTPCTRE-EARTir. oak-wood in the form of a ba'ker^s troiigli, 16 fe«t long, half as wide at the upper part, aud 4 feet depp. In onp of the longfrT sides (ihe front one in the Fig. 135, towards which the boMoca sUghtly incUoet) Fig. 135 L-\* £ a nuraher of holes d a d are bored between the stays b b b for the reception of tubes or cocks, to conduct the fluid into the groove c e. To keep back the earth, an inclined board pierced with holes t e. Fig. 136, is utared in the ^'S- "^- inHTtor, which is covered with straw or willow twigs. with straw or willow twigs. ^^ The iron rods/yare to pre-!'^\| vent Ihe sides from bulging, ^^ and the hoops n n keep the ••single boards together. Tlie capacity of these troughB, each containing 218 cubic feet, renders two quite suffi cient for the largest work. Water is poured npon the earth from several channels at Ihe same time, into uhich it is puiaped up, until it stands about 4 inches above Ihe surface ; at the expiration of twenty-four hours, the water is drawn ofT and a fresh supply added, until that which runs off" only contains 1 per cent, of saltpetre; the trough is then re-char^d. The charge in troughs of the above dimensions, calculated ni 8 lbs. in 5 cubic feet, must contain altogether 'ibG lbs. of nitrate, which must prtHluce a lye of about 10 per cent., with rather more than an equal bulk of water. The subsequent weaker lye is concentrated in ihe second trough, until it is fit for boiling. The exhausted earth is used in the construction of the heaps or \Ta]].i, in Ihe manner already indicated. The Ci-ufie Jjye. — The lye for boiling, technically called cntdt ly^y is, as the method of preparing it indicates, not only a solution of salt- petre, but contains all the soluble portion of the saltpetre earth, and its state of concentration must be regulated by the price of fuel. Besides the nitrates of potash (soda), lime, magnesia and ammonia, tt contains chloride of po1aw>ium, chloride of sodium, rbloride of calciam, chloride of magnesium, carbonate of ammonia, and peculiar brown coloring matters of organic origin, which have not been examtned. 338 TRCATMCN'T OP TUK CRl'DE SALTPCTnR.LTE. required for the whole is easily calculated. As soon as the solution of imtashes is introduced into the precipitating trough, and wi^ll stirfcil, a dense precipitate of carbonate of lime and magnesia falls to the bottom, whilst mtrate of potash, with cblonde of potassium and chlo- ride of sodium, remains in solution. The proportion of chloride of potassium is much increased after this precipilatioo, for the decom- positioD is, of course, extended (o the chlorides, as well as to the qi- trates of the earth!!, at the expense of the chlorides of calcium and magnesium, for (if M represent 1 equir. of calcium or magnesium), MO, NO, and KaO, CO, become KaO, NO, and MO, CX>„ but also MCI with KaO, CO, become MO, CO, and Ka CI. Now, as chloride of potassium is of much less value than potashes, that portion of the latter irhich decomposes the chloride of calcium and chloride of mag- nesium is so much loss to the manufacturer, for a smaller quantity of potashes cannot be used, a^ the decomposition of the nitrates and chlorides of the earth is not consecutive but simultaneou.!. For this reason it is useless to calculate the necessary addition of potashes by the amount of nitrates only; and the nitrate of ammonia also requires an excess of carbonate of potash to decompose it. Neither is it ad- visable to concentrate the tye to 15 or 20 per cent., before adding the potashes, which \s sometimes done, as that involves the necessity of repeatedly washing the precipitate, in order to remove the whole of the saltpetre. If, however, sulphate of potash is used, the lye must then be brought to this state of concentration. In this case, (MO, NO, and KaO, SO, = MO, SO and KaO, NO^) sulphate of lime is produced, nearly the whole of which precipitates, and sulphate of magnesia remains in solution. To separate the sulphate of magnesia, a little excess of milk of lime may be added, when magne»a and sulphate of lime separate (MgO, SO,+CaO«-CaO, SO,+MgO). The clear lye then cootaias saltpetre, chloride of sodium and potas- sium, with a small quantity of STdphate of lime; the coloring mai- lers remaining nearly entirely with the precipitate. Chloride of potassium, which is obtained in large quantity during the purification of saltpetre, may also be used as an addition to the crude lye, when sulphate of soda can be obtained at a low price. Acconling to Longchamp, the whole should he 6rst treated with sul- phate of soda; all the nitric acid of the crude lye then enters into combination with the soda, andsulphateof lime is precipitated. After niillc of lime has been used to separate the magnesia, nitrate of potash and chloride of sodium can be obtained by the addition of chloride of potassium. The same object is attained in a more simple manner, after the separation of the magnesia by lime, when the clear lye is treated with a solution of chloride of pola.sMutu, and cryslalized sul- phate of soda in equal equivalents [in (he jiroportton of 1 : 2), which then produce the same rflect as a mixture of common salt with sul- phate of potash. Whatever means may have been employed to decompose the crude lye, it must afterwards be allowed to stand until the precipitate has entirely subsided, and the clear liquors can be drawn off for boiling. BOlLINe THE SALTPETRE-tTE. 339 The Boiling. — The object of boiling is not only to concentrate the lye to the point of rrystalization, but likewise to eflfect the separation of impurities. To understanJ the nature of the process, the difTerent degrees of solubility of the salts contained in the lye must be taken into consideration. Thus 100 parts of water dissolve; At 0» ( tii? F.) — " 18* ( 65" F.) — ' 45 (113" F.)— 74.6 " •• 97* [207* F.) — 236.0 ' " 100 (iia" F.) — 400.0 ' " 0" ( 32' F.) — 29.32 " «n.8«C 53«F.}— 34.5 ' "15.6''( 60" F.)— 35.1 " " 17.5" ( 64" F.) — 33.3 " " 100^ (212" F.) —about 57.0 7.6 parts of saltpetre 29. " " (Gay-Lussac). chloride of potassium (RifTault.) (Gay-Lu88.) (Kopp.) (Gay-Lussac.) and of chloride of sodium about the same quantity (27 parts) at all temptratures (see page 249). The solubility of niimte of potash in- creases, therefore, to a much greatpr extent with the rise of tempera- ture, than that of the chlorides ; and the evaporatioo of water, to a certain extent during boiling, is not attended by any deposition of saltpetre, as the los.": of wnter is compensated by the rise of the tem- perature lo 100^(212'^ F.), This increase of temperature, however, has but little influence on the solubility of the chlorides, so that ibey are forced to crystalize and separate during evaporation. It must, nevertheless, be stated that the solubility of saltpetre is apparently increased by the presence of common salt.' This is explained by the fact, that these two salts cannot exist together in solution without mutual decomposition, .so that the water in whioh they are dissolved really contains four salts, namely, chloride of sodium, saltpetre, chlo- ride of jiotassium, »nd nitrate of Kuda, and the lye must coiusequcutly always contain some nitrate of soda, as common salt is never entirely absent; besides these, there are generally found chlorides, ammonia- cal salts, lime and magnesia in the state of bi- carbonates, and also coloring matters. As was the case in the preparation of common salt (pp. 256, 257), fresh lye is constantly allowed to Bow into the boiler, until its contents have attained the proper stale of concentration. That the tempera- ture may not be lowered by each addition, the lye is previously warmed by the same fire in a separate pan. Fig. 137 shows tlie manner in which the apparatus is arranged. Access is obtained to the grate r, by the door a, and lo the ash-pit s, * A ntamusl loluiion or nlipoOo (of 21,43 per c«nL, thererora}. M 212, » cnablBil ID dtvnire aooonling Xo Latigchnmp, by llie sdililiciri of: s 10 W 2.^ puts of •wminon wli. 0.75 1J27 1.83 2.Mi pnru moip of raltptTre. 340 BOILIKG THE SALTPETRC-LTE. at b. The Same lirst plays upon the bottom of th« copper boiler ^, and passes from tbence tbrou^h two wailed aperturesto the 6ues r, dy Pif. 137. e, e. These forming first a bortzontal ring, heat th« sides of the boiler, and extending upwards pass under the bottom of the naroting- Tessel Bf traverse the space below it sereral limes, and then open into the chimney^, which is supplied with a damper f, for regulating the draught. At the commencement, and ihroughout the lime of boiKng, a thiek, dirty skum rises to Ibe surfoce of the fluid, which, from time to time is remorcd, am), that no loss of l^e may occur, is empiled into the lixiriating ressels. This impurity is derived from th^ or^nic matters ID solution, which gradually coagulate, and become insoluble. The change which they undergo is caused partly by the coatact of air; and this explains why a less deeply colored lye is obtained fron earth which hits been kept for some time, ami not moistened dnring the lat- ter period wilh excreraentitious matter. The second phenoroenott which appears on boiling, is the decomposition of a portion of the carbonates of tht^ eanhs, which are precipitated as the carbonic arid holding them in solution is dissipated, and render the liquid turbid. This decomposition is completed shortly before the lye is sufficiently concentrated. At the same time, when the evaporation has some- what advanced, the difficultly soluble sulphate of time begins to de- posit as a crystaiine puwder. The phenomena are rery similar to those which arc observed in boiling ibe salt brine, and a deposit would attach itself to the bottom of the vessels, as in the saltpans, and give rise to the same disturbances and difficulties, if a method of preven tion were not adopted, which is applicable to all similar cases. At the time when the earths begin to precipitate, a small, flat vessel m, is immersed nearly to the bottom of the boiler, by means of. the chain A, and the pulley o. lA'hilst the great mass of the lye is SALTPETRE RCrHTERT. 341 boiling, and ia rioleul motioD, comparative rest exists lo the interior of the vessel m so that the particles iti suspension, whirh are in coo- •tai]t agitation in the extero^l fluid, can deposit in it without being again tlirown out. The vessel m must be drawn out occasionally and emptied. The scum is allowed to drain into the evaporating pan, frora a box placed above It. At a later period, when the concentration is more advanced, the chlorides of the alkalies (either comtnon sail, orchlortde ofpotassium, or both, according to liie process adopted) are seen crystalizing in cubes on the surface, which then fall to the bottom. The fire should tben be lessened, that larger crystals may form, which deposit more easily, and do nol retain so much lye on removal. The same vessel m may he ust^I (or removing them, or as the crystals do not easily attach themselves to the pan. they may be scooped out with a colander. When the lye has attained the proper consistence, which is the case, when a drop placed in a cold plate soon becomes solid, a part of the chlorides has separated, but quite as much remains dissolved in the lye. The latter now indicates 48° to 50° on the saltpetre hydrometer, and is left to stand for 15 to l8 hours, tbat it may become perfectly clear; it is then poured ofT into the copper crystallzing pans, where, at a temperature of about 50° (122° F.), the saltpetre crystalizes, as Crude saltpeirt io small, yellow crystals^ containing common »alt and chloride of potassium. In those works where refined saltp>elre is made at the same time, the cryslalization is allowed to take place in the refining pans, and with the same precautions as if crude saltpetre were the only object of manufacture. The mother lifjuor, which contains either an excess of potash, or undcromposed nitrates, is added to the next boiling, until, by frequent repetition of the process, it remains in such excess, that it may be treated for the salts contained in it, or returned to the heaps with the earths whirh deposit in the vessel m. The chlorides which crjstalize, also contain much saltpetre that must not be lost. The manner io which this is extracted is ingenious, and deserves notice. It is done as follows: « small willow basket, 611ed with the salt, is suspended in bailing water, another basket full is then substituted in the place of the drst, and this is repeated with the whole qiiantity of salt. There must be much less water used than is requisite for the solution of the whole salt. At first, theretbre, a saturated solution of the chlorides is produced, which lakes frora the second and following baskets no more of these, but alt the saltpetre, so that, at last, the water employed contains the whole quantity of saltpetre, but only a smalt pornon of the chlorides. This solution is added to the boiling lye, and the chlorides are used for other purposes. Refining Prorrst. — The crude .saltpetre contains no carbonates of the earths, but is contaminated with extractive matter, and a COD- siderable quantity of chloride of potassium and common salt, which, together, ankount often to 25 per cent. These chlorides are the most dlmcult to remove of nil the impurities, and are exceedingly objection able in all the applications made of saltpetre, both for the preparation 2d* 342 SALTPETRE REFINBRT. ofaqua-fortis, in medicioe, and more particularly for the manufacture of gunpowder, whicb requires saltpetre containing no more than b^'od^'"' of chloride. The reasons are, therefore, obvious, which render a most complete and careful puiilication necessary. The best process, in- troduced by the French, (BcHuuieand Lavoisier,) is partly dependent upon the unequal aniion which hcnl exertD upon the mhibility of salt- petre, and of the chlorides, and upon the enect produced by animal gelatine (glue) upon the extradive matters, which (like tannin) form with it tnsohible combinations: partly, however, upon an ingenious method of avoiding the chief cause of impurity in the crystals. It is well known, that in a fluid containinf^ several salts on the point of cryslalizalion, only homogeneous crystals, i. e,, such as consist of one salt alone, will be formed, except in those cases where the law of Iso- morphism admits of two sails taking part in the formation of one and the same crystal. Saltpetre, however, and tbe chlorides, do not come under this category, and consequently, crystals of saltpetre depoated from a solution of chloride of .iodium (or chloride of potassium), will contain none of the latter salt in their substance, but will only be contaminated by the mother liquor on their surface, from which, how- ever, they can be freed without difRcitlty. Unfortunately, spaces are left in the larger masses of crystal, by the growth of new layers over the inequalities of those already formed, which remain filled with mother liquor. It is in consequence of this, Ibat dry saltpetre, when pounded, gives a moist powder : these interntil spaces being de- stroyed by pulverization, and the liquor then Howing out. lo the refining process, this evil is avoided by cauwng purposely, the forma- lion of very small crystaline needles, which contain few or no pores. The process is generally commenced in the evening, by dissolving a sufficient quantity of crude saltpetre in a roomy copper pan. Care is taken, at first, to add no more water than is requisite to dissolve the crude nitre at the boiling temperature, 12 cwls. of water to 60 cwts. of the crude salt. The result will be seen to the greatest advantage by an example. Suppose the saltpetre to contain 6 per cent, of cUo ride of potassium, and 14 per cent, of cbloiidc of sodium^ then the charge in the pan, without taking the other impurities into account, will contain: Th« 18 ewU; of wKtor mn capable of diMolviDii nl n lentp. 0^313^ F. 684 lbs. 324 " 4800 " Chloride of potassium . 360 lbs. Chloride of sodium . . 840 " Saltpetre 4800 " 4 60.0 cwts. and there will remain, when the water has cea.«d to act, 840 — 324 B 516 lbs. of chloride of sodium, undissolved, wbiliil another por- tion, 324 lbs., will dissolve with tbe chloride of potassium and salt- petre. To save time, the whole of the water, and a portion of the saltpetre, are placed in the pan over night, and in the momin?, when the first portion baa dissolved at a low temperature, the remainder is I gradually added (about }lb at a time), and the heat increased. The scum, which during stirring collects on the surface, is removed, and wbea the solutioQ is efTected, and has been boiled ibr some time, the chloride of sodium is scooped out from the bottom of \he pan. The completely saturated solution Tcould dow deposit ciyiftals during the following operations, for it must constantly be kept hot, and water consequently be evaporated. Before proceeding further, therefore, the solution is dilated with 8 cwts. more water,' and again boiled, with the addition of 2 lbs. of glue to the boiling solution. The re- maining extractive raaltcr immediately separates with the glue, and rises to the top, whence it is removed. When scum has ceased to rise, the whole is allowed to stand till the following day. During this time, nothing must be allowed to crystalize, and the fire is conse- quently regulated, so as to produce as constant a temperature of 88° (190° F.) as possible. Before proceeding to crystalize, the suspended matter must be allowed to subside, (hat no portion of it may be mixed with the crystals. The transference of the liquid into the crystalizing pan. Figs. 138 and 139, is therefore performed with the greatest care, rig. 139. and it is better to leave a portion of the lye behind than run the risk of contaminating the crystals. The pans are constructed of ham- H mered copper, in the form of a flat three-sided prism, with the edge H _ screwed firmly to a platform xrzi: "i" r a of oak timber. The double inclination of the vessel, name- ly, the inclination throughout its whole length, and that of the bottom towards the centre, causw the deepest point to be at one of the narrow sides The lye requires six or seven (at «): this is purposely so arranged. boura to cool down to the temperature of the surrounding air ; and then the formation of large crystals is prevented by constant stirrins and J'tatton ; the saltpetre is obtained as a snow-white powder, consisting fine crj-staline needles — " saHpelre Jloxtr,^* As this increases iu quantity, it is drawn out of the lye by the workmen, towards the bigbec parts of the pan, where it remains until the (still colored) lye, * In mon lechiikKl boolu— fvr imiancv, ibose of Dumns, Freokitl, SchubanL, In^ iIm •dditioii of cold vrater j» mi<] io onuM ihc {iiecipitackm of more chloride of HKlium, m raaMquenoe of the rectiiction of lempenitDre. Tbii at&teinciil, which contaiiLS a palpn. \A» fanpoMlbility, i« prttebty nn oveniKhi, if ii it not the incorreot expIuiBiion of tonte phenomenon which oocuh durinc llie prooMi. k i 344 8ALTPETIIE REFIHK&V. inHsmuch as it is not kept back by capillarity, has drained a^ay into the tower part. When the upper layers become whiter and less colored, they are removed, with a cutander, to tb« wnsh tub. About 12 rwis. of mother li(]Lior remain. When the prcportions stated hare been attended to, only mere traces of chlorides can accompany lh« saltpetre- flour. Suppose the lye to cool down to 18^ (65^ K.), then in the abore example, we shall have the following relations: DiMotv«<I altcinllKr bj llin 13 cwt. 01 Wklet, Sfclt\|»tK . . -1800 lbs. Cliluriileur Miliiim . :tv4 " The 12 rwU, c>f Ihc miidiT liijilur tm CBiiMlile of holitiiig in Ml. uon at Ifn iOBOf.), $4Slbi. 818 " . . 3(n> " 'riwtT will iborafoia 4462 lb)L rftroO. 6 - 0 - I. e. the flour will contain in this case, 0.1 per cent, of chloride of sodium, and the quantity of this substance, even in the most UDfn- vorable circumstances, for instance, by excessive cooling, will never much exceed 1 per cent. But this residue is also nearly entirely remored at the same opportunity, M'hen the mother liquor is allowed to separate from the imersiices of the flour, which raothcr liquor will be so much the more impregnated with chloride, as the crjstals them- sclres are freer from It. The process of washing, that is., the removal of the mother liquor and the cnlorides, is essentially the same as that called claying, or liquoring, in the sugar reBneries. It consists in expelling the mother liquor from the interstices of the crystaline powder, by means of a saturated soluiion of pure saitpttrt. A solu- tion of this kind can, of course, disstdve no mure saltpetre, and there fore none of the fiour; but it dissolves the mother liquor and the chlorides, with as much ease as pure water would disserve tbetn. When these impurities have been removed, the interstices between the crystals are filled with a solution of pure saltpetre, which, on dry- ing, solely constitutes the whole mass. In transterring the fresh Hour to liie wash-pans, Figs. 140 and 141, it sbould be heaped up in some Fig. 140. Fif* HI measure, as it sinks together considerably in washing. The wash- tubs are 10 fl. long, 4 ft. wide, and in othi>r respects like the lixivitit- ing cisterns, only that they are provideil with a second pierced bottom, so that the fluid running "IT Irom the holes a, which are furnished with plugs, may be oonveyeii away by the gutter d. Each tub requires 144 lbs. of water ; of which, €0 lbs. are first poured with a waterine-pot over the flour, and allowed to remain on the saltpetre, with closed plugs, for two or three hours. The whole of Ihe chlorides are dls- SALTPETRE REPI.NRBT. 346 I I I I soWei] at the expiration of this lime; tbe p5ug:s are then remored, and the lye is allowud to trickle through during another hour. The ope- ration is then repeated with the same quantity of water, and laKilj, with the remaining 24 lbs- The first portion of water, and some of the second, contain the chlorides, besides saltpetre, and are allowed 10 Row ioto the crystalixin^ pans with the mother liquor. The re- malDder, and the third portion of water, tocher (K) lbs., which con- tain nothing hut saltpetre, are used instead of fresh water for the next portion. It is, consequently, only the first time that 144 parts of water are requisite; aflerwanJa, the washing is commenced with the pure solution of saltpetre from the foregoing process, and finished with 84 lbs. of fresh water, nearly the whole of which is again ob- tained as a pure solution of saltpetre. The wash flour remains fur 9Mne days in the wash-tub, and is then dried in a pan heated rery gently by the escaping smoke of the boiler, with coostant agilaltoo. The dry saltpetre roust be sifted, lo remove the lumps, before being sent into tbe market. On an average, 60 cwts. of (he crude salt, produce 35 to 36 cwls. of refined saltpetre, which is now fitted for all purposes, and particularly for the manufacture of gunpowder. When sufficient mother- liquor has been collected, it i^ submitted to a separate trcatineni. It is evaporated, with a constant additioo to the boiler, as was the case with the crude lye, to \|<]s of its original bulk* the crystaliziog comuion salt and skum are removed as before, and, at last, it is ciarifted with glue. It must be borne in mind, that this mother-liquor contains nitrates of the earths, besides the chlorides, tnd that these former will bare increased to such an extent, that it becomes necessary lo decompose them by an addition of solution of potashes. When this has been done, the clear liquid is poured into the crystalizing pans, and the process repeatwl as before. The older process of purification diflers from the French method, in not producing any saltpetre flour, but in submitting the crude salt to two successive crystalizations, each of which affords a cake of salt composed of large crystals. For the first crystalization the same quantity of water is employed as in the French method, namely, Jth of the weight of the crude saltpetre, so that a portion of the chlorides remains undi^sotred. In the second recrystaltzaiion, the once puri- fied salt is dissolved in \d its weight of water, so that the residue of chlorides may remain dissolved. The second crop of cr)s1als, after being dried, is considered sufficiently pure for commercial purposes. The use of glue was originally peculiar to this older process, and adopted from it into the more recent method. • In Austria, milk of lime is added lo the solution of the crude lallpetre in {ths water, with the intention of decomposing the extractive matter, and the whole is crystalized without previously Hparating the deposit. A saline mass is obtained from which the lowest impure layer is scraped off, and the raoiher-Iiquor drained away. Instead of recrystalizing this crude product, the whole is placed upon a substratum of wood ashes covered with bibulous paper, whidi absorbs the residue of mother-liquor with avidity, provided care 346 BEFR&CTION Dp SALtPKTaE. has been taken to prevent the mass from previously becoming too dry. The mass is left covered in tliis manner for fourteen dajs, when it la dried. It is hardly necessary lo point out the inefhciencyof this process. In Sweden, where saltpetre is prepared on a small scale by indi- viduals, the refining is not made a distinct process (see p. 337). The crude lye is boiled, until the greater part of the extractive matter and the chlorides have sepiiraled, and the concentrated liquor is treated, after having been strained, with as innch water as will serve to hold the chlorides which have not separated in solution; the whole is then recrystalized. The production of saltpetre flour, and the method of washing it diHer in no way from the plan already described. The washed Hour is, however, melted in iron vessels in order to obtain a cake on cooling. In this state, the saltpetre is more easily conveyed to a distance, as it occupies \|d less space: and the collector is ena- bled to judge in some measure of the purity of the Halt by the appear- ance of the fractured surface; pure saltpetre has, in the melted state, a coarsely fibrous structure, and is very translucent. The ^'glh part of common salt can be delectefl in this manner, when /^ih is con- tained in the saltpetre, the nucleus is no lon^rer fibrous, and if the common salt amount to j'nlh, the fibrous texture is perceptible only at the edges of the cake. As the great heat requisite to fuse saltpetre, and portions of carbon inadvertently falling Into the fusine salt, always occasion partial decomposition, and give rise to the production of tne tleliquesceni nitrate of potaNh, it is not desirable to fuse it, as it dis- solves afterwards with dilTicultv, and is by no means easily pulverized. Prorfwc/iflti /rom ChiU'Saltpetre. — In some localities, where pot- ashes are not too expensive, Chili saltpetre is converted by their means into potash saltpetre; the whole process is then reduced lo a simple purification (NaO, NO,+ KaO, CO,=NaO, CO,+ KaO, NO,). One evil is with difticully avoided in this decomposition, and that arises from the presence of common salt in Chili-saltpetre; for, as soon as a little more of the potashes is added, than corresponds vith ihe quantity of pure nitrate of soda, the excess decomposes chloride of sodium to tto purpose, and in the opposite case the product is easily contaminated with portions of undecomposed soda-sallpetre. By previous recrj-stalization of the cubic nitre, this evil is diminished. Ttsting for purity or Rffraction of Saltpetre. — Tn mosi rountriei, those persons who are commissioned to purify saltpetre for the use of the army, obtain the cnide saltpetre from individuals who make it their business to prepare it. As a considerable portion of the weight of this product is always due to foreign matters, and its value is solely dependent upon the amount of pure saltpetre which ii contains, it becomes important to have some means of ascertaining its value with sufficient accuracy in a speedy manner, that the course of business may not be impeded by the investigation. The object in testing the crude material is, therefore, to ascertain the amount of pure nitrate of potash which it contains; it is also sometimes desirable to know how much nitrate of soda there may be in it, as that salt adds to the REFRACTIOK OF SALTPETRE. 347 ■ I I value of crude saltpetre. The methixls which are generally employ- ed, ftflbrd no scientific accurac)-, nor is that ahsolutely necessary for practical purposes. In Sweden, where saltpetre is levied as a duty upon every landed proprietor, the samples for testing accumulate to such an extent, thai the easiest, though not the most accurate, plan ii&s been necessarily aiioplpd. The method was introduced hy d. Swarlz, and con.<ii<rf.<i in casting the melted nalt in the form of a cake, 1 inch in thickness, hy means of a small tin box, and examining its fracture in the manner indicated above. Thi.s casting is, of course, only necessary' when the crude saltpetre is not delivered ready cast by the producer, and he is not legally obliged to return it in that state. That which shows a radiating fracture, or is found To present it on fusion, must be accept- ed; that which does not, is valued by the collector, who is at liberty to take a larger quantity as compensation for the inferior quality. In France, saltpetre is tested in the humid way by a process in- troduced fay RifTault. A weighed quantity of the dry crutfe saltpetre is gradually washed, at the temperature of the testing room, with a saturated solution of pure saltpetre in water. When as much of this solution has been used for wushitit^, as would be sufDcient lo dissolve four or iivc times as much chloride as can possibly be contained in the worst sample of crude saltpetre, it is then quite certain, that do- thing but pure saltpetre can remain. For a sample consisting of 12\| oz., 18J oz. of a pure solution of saltpetre is used, which will dis- solve 8\| oz. of common salt, or 66 per cent, of Iho sample, a quantity which is ntjvur actually present. Noihtng now remains lo be done but lo weigh the stiltpetie remaining upon the fitter ; tiiere is, however, some difficulty attending this, as the solution which clings to it must first be removed. To effect this removal, the filter is spread out upon blotting paper placed upon a porous substance (a slab of gypsum, for instance), that at the expiration of twenty-four hours the salt- petre may be taken out and dned. From the weight found, which in- dicates the amount of .saltpetre in the sample, 2 per cent, must always be deducted, as that quantity has been found by experiment lo remain in the wash water, and which it is impossible wholly to re- move. It is obvious that this process must be both tedious and in- accurate; Gay-Lussac has, consequently, proposed the use of his alkalimeler as a means of testing sa]lpetri>. With (his view, the saltpetre must be converted into carbonate of potash, by fusion with charcoal when all the nitrogen is evolved. That the evolution of gas may not be too violent, and thus a portion of the test ejected, 4 parts of common salt, which in no way affect the test, are mixed with ^ of charcoal powder or soot by way of dilution, and the whole is brought into a state of fu.sion in an iron spoon. The fused saline mass gives a solution of carbonate of potash and chloride of sodium, which must be filtered, and treated with the test-acid in the manner pre- viously described, {p. 302.) Every per cent, of potash indicated by the alkalimeler, proves the presence of 2.14 per cent, of saltpetre, every per cent, of carbonate of potash, 1.46 of saltpetre in the sau- 348 RfiFRACTIOtV OP SALTPETRE— PROCESS OP UUSZ. pie Tested. The only objection that can be made to thU method is, that it requires as much csre and dexteiily in its execution as aay regular chemical analysis, and this rather unfits it for practical use. A very different method from either of the two preceding i« that proposed by Husj;, Colonel of Artillery, and introduced by him into Austria. His method is a physical analysis, and is founded upon the fact, that the temperature at which a cooling solution of saltpetre loses the property of dissolving more saltpetre, or what is the same dung, the temperature at which it begins to deposit crystals, (in fact, its point of saturation,) is a fixed temperature, and depends solely upon the relative proportion of water to that of (he saltpetre dissolved , whether chlorides are present or not. If, thereforf, the quantity of water remains the same in difTerenC cases, the point of saturation will solely depend upon the quantity of saltpetre, and the temperature at which saturation occurs, will be a means of ascertaining the amount of saltpetre in a given specimen. Experiments must have been previously made lo determine the point of saturation of solutions containing different quantities of sullpeire in an equal amount of water. Such experiments have been made in suflicient number, and arranged in a tabular manner, sliowing for all the points of saturation from every j; of a degree C, the quantity of saltpetre contained in 100 parts of water, or the per oent«ge of the solution. Thus, for instance, when la 100 pans of waiet ilwm ara iliMolrwl The point oT ■Btiiratinn (or n7nULtzBlt»n) will bo 22.27 saltpetre at 10^ C. = 50<* F. 23.36 " « 11.25* " = &2i'* " 26.96 " " 16° " = 59° " 32.50 " " 20 " = 68° •' 39.51 " " 25^^ ^ 77^ ** In order, therefore, to ascertain the value of a specimen of crude saltpetre, a weighed quantity must be dissolved in 100 parts of water at about 60" C. (140° F.), and the sinking of the temperature must be watched wilh a thermometer indicating }th of a degree, until civs- tals begin to deposit. The point of saturation is then attained, {or, in reality, is a Httle exceeded,) and the temperature observed at the moment, compared with the tabic, will indicate the quantity of salt- petre contained in the solution. The quantity indicated by the table calculated for the actual quantity employed, gives the real value of the specimen. Suppose the test lo have been made wilh 40 parts of crude saltpetre, and the point of saturation to have been attained at 17}° C. [63^.95 r.), this solution would contain, according to the table, 30 parts of saltpetre ; these 30 parts were obtained from the weighed specimen, which consequently contains j^lhs=3 75 per cent. of pure saltpetre. It is self-evident, that the specimen roust be tho- roughly dry when used, or more water would be present, than is con- formable to the results given in the table. The mutual decomposition REPIlACTtON OF SAtTPETRK— PCLOL'ZE'S TEST. 349 of chloride of sodium and saltpetre, which has already been noticed, and which, by the production of nitrate of soda, causes an apparent greater solubility of saltpetre in water containing chloride of sodium, may give me to a slight inaccuracy in this method, which, in other respects, comes ncxl to the Swedish in rapidity of execuiion. No suitable menn? hare as yet been discovered of ascertaining the amount of nitrate of soda, whici) freijiiently accompanies the first crop of crystals obtained in preparing saltpetre from cubic nitre and pot- ashes. According to the observations made by the Prussian officers of artillery, the action of air saturated with moisture, may possibly load to some method of determining this point. Pure nitrate of potash ex- posed over the surface of water for fourteen days, remained compan»- lifely dry, whilst nitrate of soda placed under the same circumsiances, absorbed 25 per cent, of w-ater. When artificial mixtures of the two salts in a pure state were subjected to the same IreatraenI, the quan- tities of water absorbed were as follows : et nitnie of u(la as I a » 10 AlMorttetl in 1 4 day* w 4 10 12 10 Walor, pc( ccuL AH gunpowder containing this variety of saltpetre would, of course, become moist in the same proportions, and wonid thus be rendered tttelcss; hence, the necessity for ascertaining the absence of nitrate c( Boda in saltpetre for all purposes connected with gunnery. The only test for the chloride (the usual impurily) in purified salt- petre, ^8 nitrate of silver, which produces a precipitate of chloride of silver, corresponding to the quantity of chlonde present. The ease with which nitric acid converts a protosalt of iron into a persatt of the metal, has been made available by M. tiossart as a neau of testing the purity of crude nitre. The nitrate under exami- nation is heated with sulphuric acid to liberate the nitric acid, and this ia caused to act upon protosulphate of iron: when ferricyanide of potassium indicates the presence of an excess of protosall, the operation is finished, and the amount of nitric acid in the nitrate, is ■ eitimated by the quantity of the protosalt which has been poroxtdized. There is some practical ditliculty experienced in adding the exact quantity of protosall of iron required in this process, and if any excess ■ of protosalt nas been used, it will of course give rise to an error indi- cating too much nitric acid in the substance analyzed. Pelouze obviates this difficulty by employing a known excess of the protosalt of iron in the preceding process, and then estimating the quantity of iron not peroxidized by the nitrate, in the manner proposed by Marguerite for analyzing iron ores. Marguerite has shown, that a dilute solution of prolochloride of iron is instantly \|>eroxidizcd when ^B a sohition of permanganate of potash is added to it at the ordinary ^M temperature, and that the addition of the smallest quantity of mineral ^M cameleon to a salt of iron thus peroxidized, communicates a rosy tint 350 REFRACTION OP SALTPETRE— PELOUZK'S TEST. lo Ihe liquid, which indicates distinctly tho completion of the per- oxidation. Having previously ascertained thai 2 grms. of pure iron, dissolved in a considerable excess of hydrochloric acid, require, on an average, 1.216 grms. of pure nitrate of potash to peroxidize them, the process is then as follows: 2 grms. of harp wire are placed in a flask capable of holding 150 cubic centimetres, and from 80 to 100 grms. of pure strong hydrochloric acid are poured upon it ; baring closed the Bask with a cork furnished with a tube drawn out to a point, the iron is dissolved at a gentle heat. When the whole is dissolved, 1.200 frms. of the nitre under exarainalion is introduced, the flask is imme- lately closed, and the liquid boiled; it soon becomes of a brown color, dense vapors of hydrochloric acid, mixed with deutoxide of nitrogen, issue from the orifice of the tube, and prevent the access of ■ir. The liquid soon loses its brown color, becomes yellow and clear, and aAer having boiled for 5 or 6 minutes, and become per- fectly transparent, the flask containing it is removed from the fire, and the liquid is poured into another flask capable of holding about 1 litre, which is then completely filled with ordinary water; into this, a solution of permanganate of potash of known strength is cautiously added from a graduated jar. The flask is agitated, in order to mix the liquid, and as soon as this assumes a faint rosy lint, the addition of permanganate is discontinued, and the quantity employed to peroxidize the iron read off on the jar. Now, supposing that the strength of the solution of permanganate were such as would require 50 cubic centimetres for the peroxidation of t.O grms. of iron, and that 10 cubic centimetres had bee& em- ployed in the example above, we should then have the equation: &0 c. c. : 1.000 : : 10 c. c. : X = 0.200. On deducting, therefore, 0.200 from the whole amount of iron used, we obtain the quantity of iron peroxidized by the agency of the nitrate, or 2.000 — O.'iOO => 1.800 ; but as 2 grms. of iron corre- spond to 1.216 of pure nitrate, and 1 grm. consequently to 0.608, the quantity of salt corresponding to 1.800 of iron, wilt be found by the following calculation: 1.000 : 0.608 = 1.800 ; x = 1.0944. In the 1.200 of crude nitre submitted to anolysis there was, conse- I 0944 quently, 1.0944 pure nitrate of potash, or ' - ■ ■ - = 91.2 per cent. Access of air lo the flask, during tbe operation, should be avoided, as the nitric oxide which is generated would, by its means, become converted into a higher oxide, and thus peroxidize a further portion of tbe salt of iron. ihe protosalt of iron, dissolved in an excess of muriatic acid, is oxidized with great difficulty on exposure to tbe air, and no error need be apprehended on that account. ITie base, of course, is not indicated by this process, but it is peculiarly adapted for analyzing mixtures of sulphuric and nitric acids, used in the manufacture of gun-cotton, for mixtures of nitric GUNPOWDER. 351 acid with vater. and more particularly for saltpetre. The procen scarrely requires 30 minuteG for complelioQ, aod is accurate 1o wttbio froin two to three thousandths. GtnrpowDEJt. L Irom tvi MP B^^flfjfory. — The early history of gunpowder is very obscure, and m the urxJitiary tradiiion which altributt-s its discovery to the Franciscan, Berthotd Schwartz, is by no means historically authenticated. It is, ^ moreover^ known that heavy artillery was used in the Uth centDiy, B and that Koger Bacon (born 1214), makes mention of powder in his " writings as a substance generally Known. Few inventions have ex- erted, such prominent inlluence upon civiluatioo as that of gunpow- der; its introduction completely changed the art of war, and so far inodiRed the instiluiions and forms of governuieut, as to Ibrm an era in the history of the world. kTTi* peculiar action of Cunpowder. — That gunpowder is a mixture of saltpetre, sulphur, and charcoal, that its action, on ignition, is de- pendent upon the instantaneous e\-olution of a large rjuantity of heated mSi which comroimicates a sudden, powerful shock to everything in tne vicinity, is well known to everybody. But the reason why not ^ eae of the similar substances, exerting still greater power, of which H chemistry can produce so many, is capable ^ replacing gunpowder, H is wnnhy of more minute invesligatlon. Several of these fcubstances, ■ like the chloride of nitrogen, explode upon such slight occasion, (hat they caunot be handled without the greatest danger. The same i> ^ the case with the material used for lucifer matches (see Appendix), and ■ Tith detonating powder. Independently of this, there are several ^ other important circumstances to be taken into consideration. Ima- gine the ball in a gun-barrel, at the moment of ignition, when it is forced forward by a sudden impulse, it is evident that a certain, \|i although hardly appreciable, space of time, is necessary to overcome B the inertia of the ball. Ad open door can easily be shut by the little ^ finger, lime being allowed fur this shghl force to overcome the inertia of the door, whilst bullets from a gun will pierce it, but have no power * AtnoBgib« impnrtiint prapmic* oTmlipatrv, ibMoTdoSasniiing with earboraKsoiw Mid byHm^maiu compouiuli, » of ooam ilia tani of many of it> tinfol ■pptieukKw, Mwl ncA loM «> of ■!» ibnfBMMU teoctiora wlwa ez\|KMn) in cxiuiri wiik iboac mMomlo IP lb* Kikn ofn i«d beat. According to lb* viowt of Momt. A. A. Hn]mi,l^iiC B. Sjifi. laan UKt Dr. Hu«, tfa« imntadoiu eiploaoiH which oeenrrod durinc ihc tnmx An is Hrv Totk ID 1845, tamy he attrihiilnd kt the igaifioo of lh« Mtlprtic, awl ii» wddealr bfinc (wmcIm into cnnori iriib ihc othmi (^rjmliunibJM fWnJ Hi iha WD bukldiac mtm ma sbellac, tad lirailiit maicriils. At m brijthi nd hcai alonr cuism nitra lo jriekl ap gKMMta oiviri^ and ■* ilie MUoe oiuao wrould nptill/ r^«rnil« carbttrdted b)-<Iin\|Rn firm vhnlliii- or ntber ntitmu wihWno—, ii w owttin thai jf a tin w«ra nvjng in • tkttd buildjnc bAVJDR Dttrv tn ooti pan, antl rMinona nMtniali in atioUin. the fiuea (Mcntad in oa» apartmocu inin^ltiiig by tIefrvM wiili tbonibnned iBtb«otb«r,would at l«naih eoDHitutv wiib them in fspkmv* mumita. Wb«n ifae ftm poniona ibu Jbrmed bad npIndisLa umporarjr calmiroiild Mlowaniil Ihcfpace again b«Mn«fiU«<lwiiha mixture abU u axpiiida. Aa th* haai Irtercaiad, tbma ptrlodi would b« ettorler and the flaploHont baromo ai each rppciitioa mcra awl more violent. Tbii iDOteaiiDf taetfj it wbitt acrinally happeaed at ibo exicmive «loi«a rafvned to, comaiaiBK 300,000 lb, of nB«.-[Aji. Ea] 352 GUftPOWDER—PRODDCTS OP DECOMPOSITIOM OF. to move it. The some is the case in the barrel of a gun. Wlien the velocity of the explosion does not allow time for the gaaes lo com- muiiicate llieir motion to the ball, it remains nearly immoTable, and becomes, ns it were, one of tho sides of llie barrel, which must then burst like a bomb. Fulminating silver, and fulminating mercury, are, for this reason, useless as powder; the applicnCion of chlorate of potftsh, instead of saltpetre, in powder, also renders its action loo rapid, and is attended with danger in the preparation. An experi- ment, instituted with (hat substance by Berthollet, at the powder mill of Essonne, cost two workmen their lives. The most explosive of all substances, is the chloride of nitrogen ; a drop in an open saucer makes a hole in the botloro of the vessel, and in the support, because all its particles are decomposed at the same instant. Gunpowder, on the contrary, burns with a certain degree of tardiness, so that the time during which the combustion is proceeding, can be observed and measured. In addition to this, powder has the incalculable ad- vantage, that all its constituents are cheap products, and are capable of being manufactured, independently, in every country. It can» therefore, be slated with certainty, that theory could not have indicated a more proper material than the practical experience of former cen- turies has discovered ; for independently of the irresistible power of gunpowder, its gradual action is that which has made it subservient to the uses of man, Prvduds of DecomposHion. — Mixtures of saltpetre and charcoal detonate with a considerable evolution of gas, but combustion does not proceed through their mass with sufiicient rapidity to render them lit to be used ns gunpowder. In both cases, whether sulphur is pre- sent or not, the evolution of gas is caused by the oxidation of the car- bon, at the expense of the oxygen of (he saltpetre. When charcoal alone is used, then the oxygen of the nitric acid only is consumed, that is, only \|(hs of the whole, carbonate of potash remaining. Sul- phur, on the contrary, so far changes the process, that it combines with the potassium, torming with it sulphnret of potassium, and the whole 6 parts of oxygen from the saltpetre then combine with the carbon. The sulphur augments, in short, the action of the saltpetre, and what is of cjuiCe as much importance, it increases the combusti- bility In that degree which produces the greatest action, on account of its point of ignition being below the temperature at which saltpetre and charcoal detonate. The presence of sulphur has only one evil attending it, M-hich is, that an excess of it, or even of the sulphnret of potassium, which is always produced, attacks tbe metallic sides of the fire-arms, and particularly those of guns. For such purposes it is, therefore, advisable so to proportion the sulphur, thai simple eombinalions wiih potassium shall be formed, which retain their sulphnr with the greatest tenacity. An excess of saltpetre would, of course, be still more injuiious, but there is not much chance of its ever being used, as it is the most expensive of the ingredients, and there is no reason why a little more carbon should leORETICAL COMPOSirr CUSPOWD Chvrem, Ony-LiuaiiQ. 45.41 53 37.53 42 ^- — 5 8.10 — 0.59 ^_ 1 8.37 — i at th] not be employed tlian is actually required by the oxygen of the soltj pet re. The action of gunpowder is dependent upon a purely chemical prQ cess, which can easily be studied by the pnxlucts of decoraposition This has been done by Chevreul and Gay-Lussac, who found in lb mixture of gaaes, after the combustion of powder in a copper lube: Carbonic acid Nitrogen Carbonic oxide .... Nitric oxide ..... Carburetted hydrogen Peculiar gas, containing carbon, hydro- gen, and oxygen .... The large quantities of the iirst three gssea prove clearly that three last are only adventitious, caused partly by the incomplete actioq of the ingredients upon one another, and partly by moisture. Od firing the powder, therefore, the elements of the saltpetre are din parsed; the oxygen combines with the carbon, the jnilassium witB (he sulphur, and the nitrogen is liberated in the gaseous state. It ij\| dependent upon the proportions of the elements, and hence, upon t will of the manufacturer, whether carbonic acid, or carbonic oxid whether the simple, or a higher sulphurct of potassium, and wheth carbonate of potash are produced. Now, although the extreme fo of the powder may remain unimpaired by modifying the proportions the mixture, yet dllTerences in its mode of action frequently aris which require further elucidation.* Theorttical Relation of higrtdtents. — Gunpowder, which is to entirely converted into carbonic acid, sulpfauret of potassium, am nitrogen, mu.st consist, as KaO, NO -\|-S + 3C=N-\|-KS + CO,, of ibna 1 va). of giinpowd«ft (»p. gr, i~ Ot'l. 177 HU Ml Nd. I. I n\|. nkipf in • VVO I •' (iil(il>ui . yni '■i " chamial = ItSi KDd would prodace: I eq niimgrn I " HilpliDret of poiMuora M patu br vrtiithl 71 rola. o(\| MO - - »SBM " 1«K) IMS UU) toial. Gunpowder producing carbonic oxide, instead of carbonic acid according to the formula, KaO, NO, + S + 6 C = N + S Ka + 6 CQ mast contain : .No II. I cq. ultpetfo a ISt? I " fulrOiiir - 301 0 - t«rl«r> - 4M 111 Its I r(i Rilni){cri . = 177 I " (ulphurtlurpulDMltun— OBI IBIB or ftom I Tol. of ppwiKr. ^ nuu liy wcirhl ^ M Tola 4113 ■■ •• . Wl •• 4ta Dr. R. HoTH haa [iroved Uint, unung ibo Ovm) prtxlucl* of llic detumpotulion BURpOwdii by exploeioa, (li« >ulptioi-yaui(le o( poiaMiuiii is alvray* iftoidj—Ax. Ea. t lo ihu «ml ihtT ftjlltjving tailculntioiii, it is OMuractl wiili (iny.LiisB!', thai 1 mr ■ire or v«iluni« of \|iowilt.-t weijjlu 0.9 linii* as much u an cius] bulk of wnirr. [Cuf MordecMi tried i3 .tp^cimens or powder, of which he fouml the w«ight per cubi<i toot i bo on an avemgc 'JWJ tmacc. The muimum wm 1047, the minimum 7 & J.I— J 2c 354 THK0R8TICAL COMfOSITIOH OF GUJ^POWDER, The composition of No. I. is the more exjieiisire ; it requires ii per cent, of sulphur, and 8^ percent, of saltpetre more than No. II., wliich latter aflbrds, likewise, nearly twice as much gas; bat tfie heat pro- tluced, on combustion, is only hot/ as great, and the gas, conse- quently, not so much expanded. This expansion is of very much more importance than the original quantity of gas ; for 200 volumes of ga.i at 1330° C. {= 2426° V.), lake up as much space as 300 measures at 797° C. (= 1466° F.), namely, 1170 volumes. The experience of several centuries, after a great variety of experiments, bas accorded the preference to No. I., as the best mixture for powder to be used in fire>ariiis; this will be evident from the following state- ment: Snllpriro Siil\|j)i(it Cnition Na.L — ICHl — 15.88 — I!.?i5 PntKinn Frenrh AntmicRU miliiaty powdor. lyu — i(« — lOO 15.3 — 10.0 — lfl.O 17.9 — 10.0 — I«.0 AmIiIui riflo powdei. — 100 — 15.0 — i:.5 which proves that experiment aod theorj- agree with reference to the proper mixture of ingredients. Most of the various kinds of gun- powder are so nearly constituted in these proportions, that the same kind of decomposition is evidently aimed at in all of them. The deviations are easily explained by Uie fact, that pure carbon can seldom be used, hut such only »s contains hydrogen and oxygen, and an excess of sulphur is carefully avoided. Vet it cannot be denied, that some kinds of powder are calculated for another mode of de- composition. Thus, blasting powder (French), in which theinjurious action of an excess of sulphur upon metallic surfaces is not of mo- ment, and economy is the chief thing to be studied, can be so con- stituted that ^ of Che carbon shall be converted into carbonic oxide, the other half into carbonic acid, and at the same lime a higher buU phuret of potassium produced (KaO, NO, -f<2S-\|-4C» N-i- Ilence the mixture must con^st of: .)• No. lU. or (\|iiBntiiy acluolljr uxd: 1 equiv. saltpetre «> 1267 2 sulph ur 402 4 " carbon = 300 100 31.73 23.68 100 30.8 23. 1969 No. UL would giv : 1 eq. bisulphuret of potassium « 892 1 ' nitrogen = 177 S ' carbonic oxide » 350 2 ' carbonic acid ~ 550 tknefore, 1 moiiUfQ of powder: 64.2 volumes of gas. 126.9 ♦' '• 164.3 " " 356 Total 1969 Certain other kinds of powder, like the French sporting powder, may be regarded as mixtures, which produce, on ignition, sulphuret of potassium, carbonate of potash, carbonic acid and nitrogen, for TBEORE posiTr UPOWDCI , NO, + 6 S + 23 C = 8 N + 6 KaS + 2 KaO, CO, + 21 CO,. Heoce the powder must coolain : NalV. Dt Ihers mte actually mixed Sequiv. saltpetre = 10136 100 100 M 6 " sulphur == 1206 11.9 12.8 m 23 " carbon = 1726 17.0 15.4 ■ 13067 According to theory tlicre should be obtained: from I mfSMiro of powder: 21 eq. carbonic acid nitrogen 6 * sulphuret of potassium 2 ** carDoaale of potash Total 6775 1416 4146 1730 13067 192 measures of gas. 74 •' " 266 In wiving the problem as to which is the best mixture for the com- poMtion of gunpowder, by the way of experiment, Proust has earned the most credit. This philosopher classified the results of his obser- vations in three series. The first series contained the observations upon mixtures of saltpetre and charcoal in diiTcrent proportions, with reference to the duration of the combustion, and to the amount and nature of the gases evolved. They sliow clearly, that with Ivsa than ^th of carbon, nitrate of potash is left ; and that the mixlure, with more than Jth of carbon, produces, on the whole, somewhat more gas, but that carbonic oxide then be^nns to form (with a diminution m the carbonic acid), and a corresponding smaller amount of heal is generated during combustion. With jth of carbon the action is most complete, carbonic acid only is produced, and the best result is ob- tained. From the second serieM of experiments, it appears that of all the proportions of sulphur, even vrith difierent mixtures of saltpetre and charcoal, the action of ^Ib (sulphur) is the most powerful. In the third series of experiments, sererat di^erent kinds of real powder were examined, and the following results were obtained : lOOpnrta or jwwd«r, MMlating of: Pradaoed eabio Tmc oi gai. Niuo, Sulphur. CliarcoiU. 70 per cenL 7M " 7B 78.2 13 per cent 12.S ■' ViM IB per oenL 14.6 " II JO" lUO iia 112 It appears, on the whole, by direct experiment, that the proportion S : 1 : 1 is the best. This proporlion corresponds very nearly with the mixture No. I., and Ibis jb consequently to be preferred to all ihe 356 ACTUAL COMPOSITION OF CCNPOWDEK. Others, when other objects, as is the case wilh blasting powder, do not require a particular miirture. Actual Ctmstitution of Gunpowder. — In the following laWe, the constitution of several other kinds of gunpowder, not yet mentioned, is given: ■ Klnrl n^ wifWtw^Br To 100 paru nilre. Aeoord- ■ ifcUill Vl JIUWHBr* ii^ 10 1 CtHUKtMl Sulphui. 13.7 15.7 Meyw. WOrtonibur; cnnnon powder lft.O n.3 H " niuiOiKt " 14.3 19.8 » Gnnd ducby oC Hcgtv cnnram powil«T 14.4 30.4 H " " ninxlcQl " 14.5 31.3 M Swwlith war powder 13.0 31.3 •1 Princedoin or Homo wbj powder 18.3 18.3 - Manoverian ** " . 1S.8 85.3 •• Rmmwh cannon " 3SlO \M H Datch ■■ " sa.tf sau » Auatrimn niuilici " ITS IS H Imlian WM {iDM-der .... 13.B 15.8 FieelnL Chinew - " .... 37.4 3ft.S u French »po>iinK powiEci frnm Angnul Jme «n( iLeBoucb •I 17.5 VJ.6 a Itnlinn " " . . . . 34. S 11.7 K Frr.ncli toiintl \|>owd<?r, KMuiine , 31.0 13.5 ■ KiigliMi Waldiiiin Al.ilicy powder . 18.0 13^ Um. Dnnliiirl piiwJct .... lS.fi 0.8 3l«yer. Powdut from Curtiii nn(t llaiTi^/ 1&3 Il.fi H " " Uwmpy 24.75 (US m " •• GrencU* 16,7 1S.7 m Bern«« powder .... 18.1 13.1 M Miethoii. I(]B4 31.3 13.0 « Statements of this kind ofien vary to a pjreat extent; nevertheless, many well-known kinds of powder are found conslilutcd so contrary to all theory, that they must either contain an excess of sallpetr* or of sulphur. The former is the case wilh the powder of Champy, the latter with the Chinese powder, which contains 3 equivs. of sulphur to 2 equivs. of potassium. The quality of the powder depends (apart from the relative propor^ lions of the constituents) very much upon the choice of the matcriBls, and, particularly as all three constituents are solid, upon the degree of intimacy with which they are mixed. These two points, there- fore, must dictate the method of preparing it. The Material. — Saltpetre. — Crude saltpetre cannot be used in the manufacture of gunpowder. The crystaline flour obtained in the re- fining process free from all chlorides, (p. 372,) is the best materia! for this purpose. Tn France the amount of chloride must not exceed ,fl'fljjlh; and in the celebrated powder mill, at Waltham Abbey, in England, the washing process is carried so far, that nitrate of silver produces no precipitate in a solution of the purified saltpetre. The flour is the more applicable to the manufacture of powder, as it re- quires no further grinding or preparation, which is the case with all thai is employed in the state of large crystals. HATl^RIALS USED IN TUG MAXUFACTDRE OF GL'NPOWDBR. 357 b * * Stdpfiur. — Sulphur can likewise be used in the slate in which it leaves the purifying process described at p. 218. But as the flowers of sulphur ahva)'s contain a little sulphuric acid, the stick or roll sul- phur is preferred^ which, at some period of the process, roust be pul- verized. 'Hie influence which the charcoal^ by reason of its porosity, inflam- mability, &c., exerts upon the qiialitj' of the powder, is vt^ry ronsider- able. The quality of the charcoitl, again, depends upon the material from which it is prepared, and upon the method of ils preparation. Proust's experiments have also thrown light upon the former of these points. He found that a mixture of 72 grains of saltpetre was con- sumed with ■ 2 \|minii nf mrtim frcan li 1 Mimnds L<«Ting n rridi>c of Hemp Sialics 10 12( grains. King's spear 10 12 Vine branches 12 20 Chick-pea stalks . 13 21 Pine-wood .... 17 30 Common bird-cherry tree {Rhammis fntngula) 20 41 Mapie {Evonymus europ.) 21 27 Hazel 23 30 Horse chestnut wood S6 36 Walnut .... 29 33 50 45 70 48 whilst carbon from rice, starch, , albumen, bi^KKl, leather, &.c.. would produce no detonation. It is c bvious from the table, that rh e soft. 1^^ ungu woody parts of plants produce the best charcoal, and nitrogenized animal matters the worst. For the same reason, paper is not appli- cable in consequence of the size it contains, whilst the fibre of Hax and old linen is an excellent material for this purpose. The wood of the bird-cherry is now ver}' frequently used, also that of the elder, poplar, maple, and walnut. In Spain the prefiTtnce is given to hemp charcoal. Whatever kind of wood is employed, ihose parts must be thrown aside, which carbonize in the manner of starch, or albumen. Sec. For this reason, the bark, which is impregnated with gummy, mucilaginous and extractive matters be^des salts, must be peeled off from the wood for charring, all the leaves and smaller branches re- moved, and wood which is not too old, and yel fully developed, should be selected. Branches, from one to two inches in thickness, are best for this purpose. It is also found advantageouii to expose the peeled boughs to the rain Jbr some time, which removes still more of the ex- tradire matter. The degree of inflammability of charcoal, depends mainly upon ils power of conducting lieat. If this is slight, the heat communi- cated to one part, will he tlie less easily taken from it ; it will be ex- tinguished with greater difficulty, and vice t>er$4. Experience has 358 CHARCOAL EMPLOYED IN MANUFACTL'RE OP CUNP0WD8R. shown the black-chnrcoal, produced at a high temperature, to be more dense and a better condiiclor of heat ihan the product of unfinished carbonization, or the so-called red-charcoal {charbon ruuz), of which inenlion has been made before (p. 64). In fact, a paniriilar bind of charcoal belonging to this class, is now expressly prepared for the manufacture of gunpowder. It can only be procured in a manner which admits of the most accurate regulation of the heat throughout the whole operation. Furnaces are used for this purpose, with cylinders walleil into them, Figs. 142 and 143, somewhat resembling Fi\|. 149. F)f. 143. 00:Q the gas Juriiacvs. The three cylinders C, C, C, are of cast-iron j the front part projects out of the ftirnace, and ran be closed air-tight by the three discs o, o, o. The hinder part is let into the back of the furnace, so that the wall both supports and closes it. The pipes a, a, which are seen walled in at this part, and which connect the cylinder with the space i immediately before it, are intended partly for the re- ception of the test-woods, and partly for conducting the gases and vapors through walled channels to a separate cistern. The flame-fire, which is made upon the grates r r, is more uniformly disseminated by the pierced arch m; it first surrounds the lower halves of three cylinders, and then the upper ones, by the Hues e, e, e, and escapes, lastly, by the chimney k. Mj' there is a damper. When too much ash has collected, it can easily be cleared away through the channels c and d, which at other times are kept closed. The wood for char- ring fills the middle, narrow portion of the retorts; the larger pieces being placed on the outside, and the smaller in the interior, having been previously cut to the proper lengths. That the regulation of the process may not be impeded, and a uniform quality of charcoal obtained, it is not advisable to place more than three retorts in one fUroBce, and these are made only Just large enough to hold 100 lbs. of wood ; the charcoal is, therefore, tendered somewhat expensive. When all the crevices are luted, the fire is lighted. To etfect the decomposition with as little heat as possible is the first object, and the interior must never attain a red heat. The progress of CAjbo- p "''' P[lEPARA.TtON OP POWDER-CUARCOAL. 359 * • I I nizalion is esliniafed by the color of the escaping vapors, and by tbe appearance of ihe test-wooJs, which are frequently broken lengtb- wise» in order to see wbelher the decomposition has progressed uni- formlT from end to end. In about fire hours the dislillatton is in full progress. When tbe vapors appear yellow, and the Tests are bnttle, and prtsciit a yiillowisb brown, shining fracture, it is time to extineuisb the fire, a.t the bent of the furnace will then suffice to complete the carbonization. When tbe vapors cease to escape, the lids 0 0 0 are quickly removed, and the charcoal is allowed to cool in well-closed vessels of sheet iron. To avoid long interruptions, the wood is sometimes enclosed in sheet-iron cylinders, which are inserted into tbe retorts, and exchanged when the operation is finished, for fresh ones. It is questionable whether this method is profitable, as a larger amount of fuel is requisite to cailie tbe heat to penetrate the double casing. In a well-conducted operation, 34 to 35 per cent, of charcoal should remain. This is the usual amount of produce in the charcoal furnaces of Le Bouchot, for instance, where the carbonization is continued during twelve hours for good sporting powder, and for ordinary kinds from eight to nine hours. Good powder-charcoal {charbon roux) should be brown, with reins of a lighter color, smooth, with a number of cross fissures, but none lengthwise; when pounded, it should have the appearance of black shot velvet, should burn with a bluish flame, be slightly flexible, and dissolve almost entirely in eauslic potash. It is not found advanta- geous to extinguish the charcoal with water, as, if it is to be used immediately, which is always desirable, a calculation must be made for the amount of water, or the proportions in the mixture will not be accurate. One circumstance, which always occurs during charring, requires particular notice. In the cooler pnrts of the <li.slilling apparatus, tar IS constantly condensed, and on dropping back upon the hot charcoal, is decomposed, leaving a difficultly combustible coal as residue. This, and the half-charred portions, must he carefully separated, They amount, sometimes, lo 5 per cent. In furnaces of the best construc- tion, as at Spandau, for instance, this quantity is reduced to \ per cent. By another process, the wood is charred in furnaces resembling those used in tne coking of coal (p. 7:2). These are constructed with a dat hearth, covered over by a half-cylindrical arch, and with two doors, one at each end. In the beginning, when the wood with which tbe furnace has been charged is IgniteJ, both doors are left open. When the fire has burnt up sufficienlly, one of the doors is closed ; the other, from which the wood was ignited, is left open for the es- cape of tbe smoke, and in order that toe wood may be reached witb (he rakes, and thoRc pieces, which no longer burn with flame, may be pushed to the back part of the furnace. When the flame is nearly extinguished, ihe st-cond door is also closed, to diminish the glowing heat, llie charcoal may then soon be drawn out and extingulsbeJ^ in boxes of sheet-iroo. 360 PREPARATION' OF POWOER-CBARCOAL. Notwithstanding the saving of time which is effected bjr the use of these ftiroaces, they are, nevertbeless, not the most profitable. partl,v oti account of the great waste, and produclion of half-charreU wooil aod tar-charcoal, and chiefly because no deBiiiie amount of carboni- zation can be attained in them. Black charcoal is the only produce they afford. The ordiuary tnounds are not adapted to produce charcoal for the powder niilLs» as the smallest particles of sand introduced into the powder-mixture micht strike fire under the machines, and give riw to great danger. Vet, from a very ancient period, a kind of pit car- bonization has been practised. These pits are quadrangular and Bat ; they are lined with bricks, which are placed upright. A pit 6 ft. deep, and 12 ft. diameter, is liirge enough to char 2U cwts. of wood. The margin of the pit must be firm and even; soft, rlay-like sand, which is easily formed into balls, and woolen cloths, must also be at band. The wood is bound up in fagots, consisting of some hun- dreds of pieces, which are arranged with sorae degree of regularity in two layers, one upon the other, and project about 4 ft. out of the pit. By means of a pole, previously inserted crossways, one row of fagots is easily made somewhat higher than the adjoiuiug one; a channel is thus left, which must be open in front, as ]t serves for the admission of the materials for igniting. Straw and shavings are in- serted and ignited, and the whole contents thus set on fire; Uie mouth of the channel is then immediately stopped up with fagots, to avoid the admission of an excess of air. The flame gradually makes way, consumes at last the pole, the channel becomes closed, and the mass of wooil sinks together. When the fire is extinguished, the pit is no longer filled by that wliich remains; the same number of fagots are, therefore, gradually added, as were at first u.sed. The regular stratification being thus destroyed, it becomes necessary, in order to obtain a uniform state of carbonization throiiglioul, to loosen (he mass in some parts, and force it together in others. When the flame is everywhere extinguished, the process is finished. The air is then quickly excluded, by throwing the welled woolen cloths upon the even surface of the charcoal. On the top is thrown a layer of sand, which is firmly stamped down. In three or four days the charcoal may be drawn, and must be carefully separated from half- charred pieces, and from earthy particles. As much as 16 or ]7 per cent, of charcoal is obtained by this very imperfect process. Neither the form of the pit, nor the use of sand, can be recommended. Sometimes round iron pans with lids are employed, instead of the pits, which aHbrd a similar kind of coal, and a produce of 23 per cent. The charcoal from the pits, furnaces, and pans, is black- rharcoal, and is in the form of long, sonorous rods, which must not be con- taminated with tar-charcoal. In contradistinction to this, tbe char-j coal from the cylinder is called " distilled charcoal." M It is always advisable to separate any sand or other impurity from the charcoal, before putting it through any further operation ; this is . either done by liaod, or, as at the period of the French Revolution, when no time was to be lost, by being throvn with shovels against a current of »ir, which carried away with it sand and dust. Prtparaiion of the Misture, and furiker Operations. — It has been stated before, thnt the iniimate mixture and consequent minute state of division of the particles, are of as much importance to (he quality of the powder, as tbe proper proportion of its ingredients. Hence the great care expended in mixing and pulverizing, and the peculiar ar- raagement of ihe apparatus for Ibis purpose. In whatever way it is eflected, the object is always the same, namely, to pulverize and mix the constituents into a nioi^t paste, of as great density as possible* which is afterwards sep:irated into grains of eqnal size. These must be sifted, dried, and sometimes glazed. TTSe Pulverizing Drum, and the JUtolutionary Proctss. — Since the period of the French Revolution, the pulverizing drums, invented duriog those pressing times, have come into very general use. These ccmsist of barrels, like those in Fig. 1'19, suspended on one axis, 44 inches long, and about the same in diameter, and furnished on their internal surface with a series of ridges (about twelve), which project about 8 lines. These barrels ite sometimes made of wood, ''•«• '♦• but more generally of leather, which is nailed to a skeleton of wood. A barrel of this Irind is shown in Fig. 144: a is the axis, c, c, c, &-c., are the ridges. At B there is a flap, or door, which is kept closed by tbe straps 6, 6, and by bolls. To prevent the dust from escaping, the drum is surrounded by a frame of wood C, G, G, upon which leather ia nailed in the interior. In Hie lower part of ibis cover- ing, tbe side /), D is mov- able, and fastened by bolts, that the trough C, C, which moves upon rollers, may be moved in and out when the barrel is emptied. To prevent the contents of the barrel from falling at the side, the trough is so shaped that its edge exactly fits the inner funnel-shaped appendage J^/ of the covering. Tbe pulverization in this machine, is effected by a number of small bronze balls, of ihe size of the ba]Is(marbles) used by children (3^ lines in diameter), which are kept in motion by the revolution of Ihe bar- rel. Tbe velocity roast only be sufficient to eany the balls to a certain hdghi, and allow them to fall back over the ridges; too much velo- city would cause them lo remain firmly pressed against the side, on account of the centrifugal force. For example, in the manufacture of French sporting powder, 36 lbs. of charcoal are placed in the drums Sf I 362 GUNPOWDER— PULVERIZATION OP INr.REDIEMTS. Fig. U5. Fi«. 148. with 3 cwts. of bronze balls, and allowed to revolve for 12 hours, with 30 revolutions per minute. At tbe expiration of this time, the sul- phur is added (30 lbs.) in rolls, which is reduced to powder in Ibis manner, and mixed at the same time with the chRrcoal. On empty- ing llie barrel, the flap is reraored, and a sieve of brass placed before the aperture, which is then broug;ht to the lowest position. Thus, tbe mass only is precipitated into the trough, and the balls remain behind. The saltpetre -flour is added to the mass thus prepared; and that it may be thoroughly mixed, and more finely pul- verized, it is made to revolve just as long in another barrel, with tin instead of brass balls. The mass is ihen formed into cakes. It is first moistened with j'pth water, and made into a thick paste ; this is spread 4 lines thick upon a copper plate, and covered with wet linen, apon which is placed a second layer, and so on, until a sufficient quantity has been prepared to be brought under an hydraulic press. The layers are there reduced by pressure to Jtb of their former thickness, which is easily done, if they are surrounded with wooden frames of the pro per dimensions. The bronze balls are subject to wear away in this excellent method of pulverization, (whicb is, in part, attributed to the chemical action of the sulphur upon them,) and they should be cast of as hard a metal as possible (4 copper to 1 tin). Powder Mills with Stampers. — The old and still verj' (general method of pulverizing, mix- ing, and pressing the mass, is that of the stamp- ing mills. Figs. 145 and 148, in whicb all three operations are done at once, and on a large scale with pestles set in motion by machinery. The mortars ^g- are a series of nearly circular hotlnws, cut in a solid oaken block in which the pestles move up and down. These pestles arc fitted with a bronze shoe h at the end, into which the rod is nxed, by driving up the wedge e and the shoe b at the same time. The stampers are moved by the cogs of a wheel catching the cross pieces m, which are fixed into a by the wedges n. It is well known thnt wood offers much less resist- ance in H cro-ss direction to the fibres, than in the same direction with thera ; whil.st, in the former position, the fibres easily split away ; they wear out much less rapidly in the latter. From the position of the mortar-block, the blows of b would naturally fall across the grain ; fi)r this reason a piece of hard wood d d\s inserted at that part. To give greater strength to the block, it is surro<inde<l with slrips of metaJ /, and holdfasts e e, which must all be covered with wood, that no sparks may be struck. The Ibrm of (he stampers, and of the mor- GUNPOWDER— PULVERIZATION OP INGREDIENTS. 3€3 Pig. Id. I tar, is by no means a matter of indilTertnce, as the uaiform mixture of the ingredienls of ihe paste is maioly dependent upon it. Fig, HI. ^Mico both parts have the form represented in the figure, the mass is then squeezed by every blow towards the sides, rtsos hi^er and higher, until at Inst it bends over and comes again un> der the stamper. The mortars are 14 inches in diameter, and 9 inches at the mouth; they are placed 17 or 18 inches apart from centre to centre. A mill has generally two rows, each oooiiisting of ten mortars. The stampers weigh 80 lbs., the haJf of whirh weight is that of the bron/e shoe, which is composed of an alloy made up of 100 copper to 22 tin ; the other half is the weight of the rod, which is grooved to prevent its being too heavy. The vertical motion is kept up by two parallel beams of the wood work, between which Ihe stampers move up and down. When a wooden bolt is inserted in the hole v, at Ihe highest position of the stamper, this remains supported by the cross beams, and the cogs of the wheel no longer touch it ; each single stamper may thus be put out of action. In weighing the mixture, it is divided into portions of 20 lbs. each, that being the quantity worked in each mortar. Saltpetre nnd sul* pbur are placed in one vessel by themselves, the carbon in another, apart. The process begins with the pulverization of the latter. All the mortars are first charged with charronl, which is thoroughly moist- ened with somewhat less than an equal <)iianti1y of water. The stampers arc then set in motion. These are raised twice by each turn of Ihe wheel, and to a height of I( feet, giving about sixty blows per minute. In twenty or thirty lainutes the charcoal is reduced to a soft paste. 1'he machine is then slopped, the charcoal thrown out upon (he sides is carefully scraped baclc into the mortars, and the saltpetre and sutpbur added with about ^ as much water as w»s used before. It is quite impossible, by the mere action of the machine, to obtain a perfectly uutlbim mixture, for this reason, (hat a crust always attaches itself to the bottom of the mortar, which, inasmuch as it no longer follows the course of the other parts of ihc charge, cannot be thoroughly powdered or mixed. The workmen must, therefore, lend their aid. To en.surc a tliorongh mixture, it is necessary lo exduinge, from time to time, the contents of the mortars with each other. lo Lois operation, all that has attached itself to the sides is carefully scraped out, and so much water added as is couMilered suRicienT by the su- perintendent to retain the doughy consistence of the mass. It is evi- dent that the proper motion of thi- charge in the mortars, must de- pend upon this slate of humidity ; if the charge is allowed to be too wet, it will cling with excessive tenacity to Ibe udt^ o^ \\\^ ^stu'^.u.^ 364 fOWDEa MILLS WITH BDGE-STONES. and if too dry it will be easily thrown out. The first eichange is made aft^r 2000 strokes of tho stampers, and the following aAer«ach 4000. llie contents of the first mortar is scraped into a spare ves- sel, that of ihe set^ond into the one which haa been first cleared, that of tbe third into the second, and so on, until lastly, that contained in the spare vessel is emptied into the last. To save time, the first and sixth are emptied at the same time. After the last exchange, the Stampers are allowed to work without interruption for two hours, lo gi»"e density to the mass. The whole process in the mortars lasts tourteen hours, four hours of which time are employed in transposing the charges. When the pulverization has been previously eflTected in the drums, and the mixing; and thickening harr only to be done by the stamp-mills, tbe requisite time is, of course, proportionately shortened. la Italy heavy metallic mortars are used; in Switzerland, for in- stance, al Bern, where a celebrated kind of powder is made, hammers moved by water power are employed instead of stampers. Powder-mills tetth edge-stones. — The method in which edge-stones are used in the mills is very different from those yet described. This apparnlus is the same as that employed for crushing oil seeds, &.c. Two upright stones turn upon a common horizontal axis, which again, together with these two stones, turns upon a vertical axis placed in the centre of the round flat bed-stone. The edge-stones are hewn from a kind of stink-stone, like the French stone found near Na- mar, or are constructed of marble, copper, or as in England, of cast iron, and, to avoid sparks, enclosed in a ring of bronze. The diameter of these eiige-slones is t> feet and less, up to 10 feet ; their weight from 50 to 1 00 cwis. ; but they are sometimes above and Mroe- liraes below that weight. They revolve from eight to ten limes per minute, and carry a wooden scraper behind them, to bring back (hat p&rt of the mass which has been pushed aside, into the track of the stone. When one of the edge-stones is brought nearer to the vertical axis by the length of its own thickness, than the other, that part of the mass wliich is squeezed by the one stone into the interior, will then come exactly into the course of the other. The action of these stones is much more appropriate than that produced either by the mortars or drums, as will be easily understood by considering tbe kind of motion which they undergo. This motion is first a rolling motion round the horizontal axis, by which the stone acquires a tend- ency to roll on in a straight line (with the tangent^. This tendency is counteracted by the revolution of the whole round the vertical axis, which every instant forces (he stone away from Ihe straight direction, and ^ves it a circular motion. Heiiee two actions are produced which obtain simultaneously at every instant: one, caused by the rolling motion, which merely crushes the matters, and another by the sliding motion, which tears them to pieces. Mills of this kind, there- fore, unite (he action of simple rollers with that of grinding mills in which the stones move in a horizontal direction. It must be admitted that the process is more dangerous with mills of this construction, but the powder is oerer ground in a dry slate. In the beginning, a more rapid motion is given to (he stones, as the DBKBITY AND GBAVULATtOrf OP GDNPOWDER. 365 P n cfaiof object is to reduce the mass to a 5ne powder. At a later period, when this has altaioed a uniform salve-Uke consistence, the Telocity is slackened, thai the stones may net more as a press, in order to gire density to the mass. That it mny not form too thick a layer, 40 or 60 lbs. should be the greatest quantity worked at onre. Id Belgium and Germany the saltpetre and sulphur are crushed tf^ther under the stones, and the charcoal is then added in lumps. In England, the sulphur is ground by itself; the charcoal, together with the sulphur, both under different rollers, and the mixture is afterwards brought under the edge-stones. At Le Boucbet, in France, where the mill-stones are used principally for sporting powder, the pulverization is generally effected in drums, the mixing and thickea- iDg under mill-slones. TJi« object of makijtg tht Powder dense.- — .A.s the action of gtm- powder, on being ignited, depends upon the enormous increase of space occupied by the gases, ns compared with the original bulk of tn« powder, the action must necessarily be augmented in both cases, either by the increase of the amount of gas, or by the diminution of the original space ocoupied by the same weight of powder. This diminution in bulk is sou^t to be attained by pressing or condensing, and must necessarily be done at this period nf the process, as the operations which follow can do nothing towards it. The condensing is considered of such importance, that machines hare been invented especially for the purpose. These consist of three rollers, through which the mass is passed in endless cloths. One of these surrounds the two upper roUi^rs, the other the lower one only. A funnel con- veys the paste between the cloths, with which it passes through the roflerfi, and appears at the other side in the form of a cake, which breaks off by its own weight and falls down. The rakes arc at first 8 lines thick, and are reduced to \ of their original thickness. 7^ Granulation, or Coming, why necessary, — All the processes here described, produce a cake which varies both as regards thickness and hardness; and this lias now to be resolved into grains, as that is the only form in which powder can be used. The reasons for this are many, and are all of etiuat importance. Why lumps and larger pieces cannot be used requires no further notice: but it may be as well to state what advantages the granulated powder, first introduced by the French, has over the dusty or flour-like powder which was the only form in which it was known prior to the 14th century. In the first pbace, powder-dust is inconvenient to handle and colors too much; it afibrdslikewise no guarnntpe for the constant relation of the propor- tional quantities in the mixture. Again, when exposed to long car- riage, not only would a larger portion be dispersed as dust, but the saltpetre and sulphur, which are much heavier, would sink to the bottom of the boxes or sacks, whilst the lighter charcoal would be left at the lop. Moreover, experience has shown that a mass in dense grains attracts mach less moisture than when it it is in the form of fine dust. And lastlyi the less degree of inUamro ability of the fine dust is a material 2v* point, i. e. vhen two equal charges of dust and ^ain-powder are lired, the latter burns much more rapidlr, and has a proportionally greater action. In a mass of powder, the combustion proceeds, al- uiough with extreme rapidity, from particle to particle. This takes place either by means of the red hot matters themselves, in which casf! It is much more slow, or by means of tbi^ flame, provided sufficient space is lel^ for it to penetrate the masti. The former is the case with dust, the latter with corned powder; when, therefore, only a few grains of the lattrr are ignited, the same action will result, on account of the flame spreading through the charge, as if the remaiuder had been ignited at several places simultaneously. According to the experiments of Piobert, with powder of density = 1.5, layers of 6.2 to 8 lines in thickness can be inflamed in a second, whilst with dust or meal powder these layers cannot exceed 3.6 lines. The same is proved by the experiments made with percussion caps; for the same charge carries farther when fired by a cap than when flint and steel are used. Percussion caps, therefore, effect a saving of powder for the same range ; for the flame, which upon the old plan with flinl ami steel, chiefly acquires an outward direction, can only escape when percussion guns are used, from the cap to the interior, or in the direction of the charge; it therefore penetrates with great Telocity the interstices between the grains, and ignites in the same time a much greater proportion than could possibly be ignited by the spark from flint and steel. The action is, therefore, increased in a Similar manner as would have occurred, if the charge had been fired on the old plan from several touch-holes at once. Connected lumps of powder ofler the greatest obstacle to the penetration of the fire; this is the case to such an extent, that powder in that state burns with a great evolution of sparks, without giving rise to a powerful explo- sion. With coarse grained powder the explosion is, therefore, weak- ened and less sudden. These facts arc all known and are attended to in the adaptation of powder to fire arras. For sporting purposes, where the barrels are most carefully made of the purest and toughest iron, and cunsequenlly ofler the greatest possible resistance, a more rapid explosion need not be feared. Sporting powder has conse- quently the finest grain. Cannon, on the contrary, are made of a brittle materia!, which would more readily burst from any sudden ex- plosion. Canuon-powderis generally made very coarse in the grsiD* and rausket-powder is intermediate between the two.* Ordinary Process of Granulation. — The granulation consists in crushing the cake of powder into grains of about the si/e of coarse sand. Three kinds are always obtained, namely: grains of too large a size, Kuch as have the right dimensions (in several gradations), and dust; these are separated from each other by sieves. Il depends upon the use to which they are destined, whether these three kinds must be separated or left mixed, as they are in blasting powder. In the ordinary process, the cake is broken up with hammers and then * DiiDinithod qountiqr may repines cf^nmetA of gmnulBiion, ni will tw teen below in B iHxe tP- 37fl} Nlitir* lo Ckpu .MarUeQ«rs vxpvriniraEi — An. 1^. or cvAMrr— ct-AUsc. 367 brought apoa ibe MkU mmu, wUdi mwn aAa Id caaTcK the lanps tto grsiu, than lo «rpnie Atam hOcr froB M£h eiher. The sieves are made of pawhtit or lather, m vhich rmukI boles of anifonn azf are aceantdj pierced. A Icaa-iiapai diac of hanl wood is placed upoQ the mtrt tegcther vkh the caihe, aad t sotDctimas iveigfiicd with lead, a mlaiT ■ariaa k nvea u this bj the woricmaB, I aod the laropa of cdke ate crmAtd wA a ifi^ pmsoje aolil the § rains are sntall caough to pass Awgh the holes of the aeve. ieTes of brass-wire and others of har arparate the coaner grains and Ihe dust from the pfx>per sized graws. Sporting povder, which leafacs a Ug^Hr piice and admits oTtoore fcostly appantos bctag ased ni the aanaftctnie, is graouUied in France by » separate auchine, conailiagof dghl aseres^ ad io notion at the same lime, each of whidi gruio^es iodepeadeBtlr of the others. Leather pipes cootey the dost to a serrate box. If sieves vilh sncb narrow boles were used id the first instance, which woaki onljr admit of grains of the proper uze and dost passing through, too luch of the latter woaU be obtained. For this reason wider sieves chosen which allow a mixture of coarse-grained powder, ^>orting powder and dust to fall upon a secood sieve; the two latter pass through this, but the coarse-grained powder is carried back by an in- genious cootrirance to the upper sieve. The crushed mass is Icept iu constant and rapid rotary motion, whilst a scoop of copp<?r is made to project into the sieve and oppose itself to the current, in ilbf direction, tbereibre, of the tangent, towards which the ceotrifugal ibrce tends to throw out the grains. These, therefore, collect in the acoop, and with the existing velocity are carried back into ifae first neve. In the same manner, the proper sized grains are carried from the machine into leather bags. Process of Champy, — It would be foreign to our purpose to de- scribe all the apparatus and machinery invented and employed in liSercnt places, but not generally adopted, for the granulation of '^ powder ; yel it may be noticed that all these contrivances only afTonl angular and irregular grains. The process applied at Bern makes, however, an exception, and has been introduced with some alterations by Cbampy io Le Bouchet for the tnanufacture of blasting powder. 'Hie granulation is here elTected in quite a different manner. Through the hollow axis of a rotating wooden drum, the exit tube of a water cistern passes and terminates in the middle in a finely perforated rose, which sprinkles athin rain overthe powder dust, with which the dnim is filled. Each drop then forms the centre of a small but perfectly tJDund grain, \vhich may be increased to any desired dinicnsioinH. [The separation of the dust and the larger grnins is performed in the usual manner with sieves. Glazing. — Angidar powder can also be rounded hy a subsequent process, ghzing or polishing, the only object of which is to render ^ifae suriace of the grains firm and shining, and prevent Ihr powder from imparting color io the touch. Sporting powder is alwnys glazed, l)ut war powder in some European Slules only, as the other advan- ftages attending it are very problematical. CUnPOWDER— GLAZIKG. A successful glazing operation recjuires that the powtler shotild be moistened to a certain extent, which may be attained by previously drying it partially in the sun, or with greater certainty by mixing n portion of drieil pnwiler with a sufficient quantity of the same kind undried. In \\m state, it is admitted through the flaps u u, IdIo the revolving barrels -? .-i, Fig. 149, which are turned by a toothed wheel, R R, fixed to the long '"''■'*■ axis n of a water- wheel, and the shafts with drum>wheels L L. Too much velo- city would destroy the grains instead of po- tishiiig them, and the barrels must only rn- tatt! sufiiciently to cause the grains to roll over each other, and become polished by attrition. The barrels abotild only be ^ or 1 full, so that a barrel 64 inches long and 48 inches in diamefermny containScwts. of powder; 4 rods are also fixed id each cask from end to end to increase the friction. At 6nrt the barrels are caused to revolve slowly, and the velocity is gradually increased. In France, for inslance, where the glazing process lasts 36 hours, the barrels revolve in the first 12 hours, from 9 to 10 times, inthc second labours, 30 times, per minute; and in the last IS hours, the velocity again diminishes. In England, the rotation is also slow at firs1,11i{'n(orfj hours, J8 revolutions are made per minute, in the next 3 hours, 20 revolutions, and at last during 2 hours the rotation is very slow. The dtmiaulion of velocity at !a.st is necessary to cool the powder, which becomes warmed up to 50° or 60° (122° or 140= F.), and in this state would lose much of its polish when exposed to the air. Glazed powder absorbs less moisture from the air, and can be better preserved, but with the firmness of its surface, the inflamma- bility is diminished. For this reason, in Austria, the powder is re- moved from the barrels in about 8 or 10 hours, when it has acquired a dull lustre. It is remarkable, that the less degree of infiammabitity noticed above, is compensated by greater denaty, and (his increases with the hnmidiiyof the grain employe<l. Experiments made at Le Bouchet have proved this fact very clearly; it was found, that wheo compared with the weight of an equal bulk of water, the weight of a certain bulk of powder was: Before glazing 0.810 After 4 hours exposure in the barrels . . 0.833 " 8 " " "... 0.846 " 20 " " "... 0.869 " 26 « •' "... 0.870 GCNPOWD£ft— DRYING PROCESS. 369 After 30 hours' exposure id the ban«ls . 0.889 "4a " " . . 0.893 3V drying. — All freshly comed or polished gunpowder is too motst for immediale use, and must consequently be dried. It is of conse- quencf, that the firuiof ss of the grain should not be destroyed by (oo rapid drying, and for the prorluciion of powder that does not easily absorb moisture from the atinoBphere, idow, gradual desiccation is an importiint point. The proper temperature for drying is oblalned in ihc open nir by exposure (o the sun, or in the shade ; but this practice is incooveaient on account of the changeableness of the weather, and the hygrome- Iric slate of the atmosphere. Powder spread out upon drying cloths in layers of 1^ to 3 lines in thickness, and occasionally turned over, requires four hours to dry in the sun at a temperature of 60° to 70" (140^ to 158° F.), and nine hours in the iihade where the temperature does not rise above Sb' (77° F.). A decidedly safer plan is to dry the powder in a chamber heated by xteam, in which the temperature is at first IS'' (66" F.), and gradually rises lo 50° (122° F.J. But the most cITecuial plan of all is unquestionably that practised in France, where the necessary heat is applied, and care is taken to con- tUict away (be aqueous vapor by proper ventilation. A ventilator drires a current of air through, a box, where it is warmed by steam pipe* traversing the box, and then permeates the woolen cloths, con- taining the I ay era of powder 1^ inches in thickness, which form, as it were, the lid of the box. In this manner, fresh dry air is passed everj' instant between the grains. The finished powder is packed either in sacks, which are placed in casks, or in double casks, the inner one of which is pasted over \Wlh paper; or lastly, in tin canisters (sporting powder). For naval pur- poses, copper boxes covered with wood are employed. These pack- ages always hold quantities consisting of I cwt. or less. The outward appearance and character of the powder afford a pretty safe criterion by which lo estimate its quality. It is generally slate-colored, dark bluish gray, more brown when the powder has been made from distilled charcoal. A pure black color indicates either loo much, or too hard charcoal. The color must, in every case, be quite uniform; light spots, or glittering points, visible with the magnifier or the naked eye, prove a waut of uniformity in the mass. This may have been caused by bad preparation from the beginning, or by the efflorescence of the saltpetre on the surface, when moist powder has been re-dried. Properly dried puwder, freed from dust, ought not to color the hand or paper; it muBi give a grating sound when squeezed together; the grains should be lUfficultly crushed, and on being ignited in the open air, ns little residue as possible should remain. Burnt upon paper, the paper ought neither to be much blackened nor burnt. Another very important property of powder, its density, has already been Doticed. \Viih reference to this, it must not be overlooked, that 370 OGKSITV AND IKPLAHMABtLITV OP GUNPOWDER. it is not 50 much the sp. gr. of the single grains that is of conse- quence— although this, by the way, is closely connected with it — as the weight of the quantity of powder which is necessary to fill one measure (for instance, i iitr. or 1 cubic footj. N'ow, as two oppo- site properties depend upon this density, i. c, the relative quantity of sas \|jroduced, is augmented with the ilensity, whilst, at the same time, the uiflamiaability is diminished, it is necessary to keep a proper mean between the two. Ure found in four samples (see below) the spec, gr. (of the single grains} to be 1.793 — 1.800, and that 1 volume of powder of the first kind weighed 1.02 limes as much as an equal bulk nf water, the same quantity of the second 1,03, of the third 0.99, and of the fourth 1.05 limes as much. The inflammability of dry powder by a mere blow without lire ia a well known fact, and has more than once been the cause of acci- dents. Thai this property is not always due to an accidental admix- ture of other matters, as sand, &c., but is really a property of the powder itself, was proved by the experiments instituted at Freiberg with blasting powder made from chfmioally pure ingredients, namely 63.3 saltpetre, 20.0 sulphur.and 16.7 charcoal. Out of ten samples, which were wrapped in paper, and struck upon an anvit with a heary hammer, seven of the corned powder exploded, and nine of the pow- der in the form of Hour. Other kinds of powder behaved io the same manner. It is of importance, in the construction of powder mills, to know that the explosion occurs most easily by a blow from iron upon irOD, iron upon brass, brass upon brass, even from lead upon lead, and len<l upon wood, but not so easily from copper upon bronze or upon wood. Allhough powder contains all the requisites for combustion, (not only carbon but alsooxygen,)yet it does not take fire at temperatures below a red heat. When the heat is cautiously and gradually raised, the sulphur first melts, and at last burns at a temperature of 150^ (302° F.], as if it alone were present, and thus communicates the flame to tlie other constituents of the powder. If the air is withheld, and the heat is applied lo the powder in a vessel void of air, the sul- phur can not only be melted, but entirely distilled over. After tiie separation of the sulphur, llie residue is affected as usual by the in- crease of temperature, the saltpetre melts, and is at last decomposed by the charcoal. Any sudden rise of temperature causes an explo- sion, just as if the experiment were made in the air. Powder is most rapidly and surely ignited by the contact of red hot bodies, such as sparks of iron from a galvanic battery, glowing tinder, or when sur- rounded by a very hot flame (percussion caps). The phenomena ob- served by Hearder, not only with gunpowder, but with other similar mixtures, are exceedingly remarkable and difTicull of explanation, should Ihey be hereafter confirmed, lie found, that powder exposed in vacuo to a platina wire healed to redness by the passage of aa electrical current, was not ignited. The sulphur melted and vola- tilized, just as if the powder bad been slowly healed from below. A small quantity of air left in the vessel was sufficient to cause the ex- FORCE OP GUNPOWDER. 371 pk>sion. The same occurred, and even more quiclcly, when nitrogeo only was present, so that it would appear as if the ignition were de- pendent, not merely upon the presence of oxygen, but upon that of •ome gaseoQs body. It has been shown, that, by the rapidity with which powder is ignited under ordinary circumstances, its action is dependent partly upon the relative proportions of its ingrredienls, but more particularly upon the mechanical nature of the mixture, and the cha- racter of the grain. That kind of powder may he cbIImI the best, which does not ignite too rapidly, and in which the ignitioa is nerer- theless complete, before the gases produced have had time to escape, ». e., before the ball has left the barrel. Powder is often met with, which, from being badly prepared, burns too quickly, and is dangerous, fifom its tendency lo burst the barrel of the gun. It is of the same character as the so-called detonating powder, a mixture of 3 parts saltpetre (3 rquivs.] 1 part carbonate of potash (2 equivs.), and I Eart sulphur (5 equivs.), which explodes with a fearful report, and lows the strongest vessels to pieces. Its composition is such, that sulphate of potash is formed with the evolution of nitrogen and carbonic acid, for: 3 KaO, NO. +2 KaO, CO, + 5 S = 3 N + 2 CO, +5 KaO, SO,. The quantity of gas produced (nitrogen and carbonic ftcid) is less than in oMinary gunpowder, and the danger lies in the manner of its evolution, which occurs in a single second, and is con- sequently too sudden. force of Powder. — The knowledge of the force exerted by ignited gunpowder — a force capable of blasting the firmest rocks, and of propelling a four-and-lwenly pound ball with greater velocity rban that of sound' — would, doubtless, be a very important addition to science, and to the practice of artillery and blafitmg; imfortunalely, however, the only two methods of ascertaining this, calculation and direct observation, are equally uncertain. By this force, we under- stand nothing more than the pressure, exerted by the gases evolved on ignition upon the bodies in their immediate vicinity (the sides of the oarrel). To calculate this force, and compare it with the pressure of the atmosphere, it would be necessary to know: 1. The quantity of gas produced from a given amount of powder, 2. The temperature of combustion, and 3. Whether the gases at that high temperature expand in the same ratio as at lower temperatures. Of the two latter points we know literally nothing; it may, how- [ver, always be assumed that the temperature is at least between ltK)0° and 1200° (1800° and 2160° F.) Of the amount of gas pro- duced, we are equally ignorant. AJlhough it may be calculated what amount of space the nitrogen, carbonic oxide, or carbonic acid of a given chaise of powder will occupy, yet it must be borne in mind, that the powder always contains moisture, and that the aqueous * Sound tnr«l« K the rata of 1130 feet, tlie ball st Oie nte of 1404 feM m ib« Sw Mognd. 373 PORCB OP OUNPOWDEK. vapor,* and the products of (tecomposttion to which it gives rise with carbon will exert an iiiiluence, as well as the Kulphuret of potassium, which, doubtless, assumes the form of vapor at ihnt high temperature. To what extent the volume of gas is augmented by the aqueous vapor and sutpburet of potassium, it is not possible to estimate. These irregularities explain why such diflferent results have been ob- tained, on collecting and measuring the gas; thus there have beea obtained from 1 measure of powder : Boblii. Saluoe. flftwlube«, tiaj-LuisBc Qrianofaon. S44 -w4-i 33'i -150 400 meuatM of ^. which gas, being measured cold, does not include any aqueous vapor or sul]iiiuret of imlaKsium. Besides, there are two other influential circumstances which cannot be included in the calculation. The first of these is the air, which is enclosed with the char^, and expands by the heat with the other gases evolved from the powder, and augments the action to such an extent, that when the pellet or the ball is not tightly rammed down, the barrel often bursts; in blasting, this circumstance has been made use of with a great saving of powder ;\| the second is, that all the powder is never consumed, but partly expelled with the bait. Rum- ford has shown, that a ball oi powder (instead of a leaden ball) placed upon the charge, will penetrate several sheets of stretched pa- per, and generally M-iihout any appearance of ignition. If a piece of red hot iron \s dropped into the barrel of a pistol, and upon tt powder balls of this kind, (hey are projected like luminous balls into the air; for, by the combustion of one portion, the remainder is propelled be- fore it has time to take fire. Hence, it appears, that no accurate cal- eulatioQ can be made for the force of ignited powder, nor for the quantity of gas produced by it. Nevertheless, approximate estima- tions of this kind are well calculated (o demun.v-tnite the cause of the effects produced by powder. War powder, according to p. 353, pro- duces theoretically 296 voluroes of permanent gas, olaating powder 356 volumes. Suppose Ihe temperature of combustion to he 1200"* C. (2160" F.), and the expansion to take place id accordance with known laws, then, at the temperature of 1200^0., war powder would' produce 296 (l+.OO.ieeBx 1200)=1597 volumes of gas; blasting powder 3&6 (H-0.00366ox 1200)— 1922 volumes; in the first mo- ment, when these are compressed into the space of 1 volume, they will exert a pressure of 1597 and 1922 atmospheres, which will, however, rapidly diminish with the decreasing resistance. To pro- ject a 12 inch bail 19720 fathoms from a marine mortar, 30 lbs. of lUimronl wnb {[r«ni pain* lit liii litno (1800), lo prove ih« unrcwnJMl uMrtion, tbsi iliti nptjgn nf powclor ii«tpf>Ddoil woMy upon lu nioinuro, i. r. upon iheMutden foran- liMi afBfinMMM vnpor, scfOfiting: to which, tl>ci« would be itcmo but sLenm guns uid ■iMmaannon t To Ibnn an idea uf the extern o£ ihii nvinK, tfaa txnH of triuunR miiii \x kiwwii\| thu. fot inHuticf, in ^melius waict-vroik U Philadripliia SlSOOO wera oxpendod in powilcr; in ciitliiiK >)>r"iijlh thn Carlinn HilL ni Kilinhurgti, VfiOtXL Etmi in OOtUtUOH'i Knuiiw quariiof. n rint\|l« (jbargQ of poyrilvt ol\n OOiU (torn 18 Ip 20 dolten. FOICB OP GUNPOWDER. 373 I powder = } a cubic foot will be required, which, according to this eal culation, would pnxluce on ignition 791^ cubic feet of gas. With reference to the delernitnation of the force of gunpowder by observation, vre have lo thank Ck>iint Rumford for a series of experi- ments instituted at Munich in the year 1800. He endeavored lo de- termine the weight with which the mouth of a very massive gun must be closed, in oi^er lo prevent the escape of the gases evolved frotn the powder. This weight would then be In direct proportion to the pressure exerted against the section of the rooulb, and would thus furnish a means of ascertaining that pressure. To ensure the great- est accuracy, the gun was fired by inserting the barrel into a piece of red hot iron, which closed at the same time the touch-bole. Never- theless, great discrepancies resulted. luone rase 17 grains of powder, in another 11^^ grnins were, required, to produce a pressure equal to 9431 atmospheres.' When the weight was lifted in these experiments, it always occurred with a powerful report ; when, on the contrary, it was sufficiently heavy to retain the gases in the barrel, on lifting (he weight by a lever, a remarkably small quantity of gas escaped with a very slight noise; the products of rombustion were found for the greater part condensed on the inner sides of the barrel, in the form of a hanl, coaty, diflicultly inflammable mass. I( is evident, that no accurate results can be expected from this method. Although theor}' is not capable of estimating the force, or what is the same thing, the quantity of powder necessary to produce a cer- tain effect, long experience has established the relative quantities of powder which are necessary, under different circumstances, with suf- ficient accuracv for all practical purposes. These different circum- stances are always of the same kind with reference (o artillery, where the range is the only thing that varies; whilst in blasting they are very various, loose earth has frequently to be blown up, and at other times, solid rock; sometimes the object is to destroy and hurl the fragments to a distance, and at others to get rid of them in a man- ner as little dangerous ns possible, as for instance, in cases of civil engineering. For the latter purposes, the use of powder has very much increased since tlie introduction of railroads lias given occasion to so many excavntions, and since the use of the galvanic battery in igniting the charge, ha.<i rendered the operation so free from all dan- ger, and removed all chance of failure from the modes of blasting under water. A few examples will serve to illustrate the magnitude • Aa Mperiinent. in wbich the barrel buret into two pieoM, wiili « cliarsB of iTjth cubic fe«t. M-tu vav\ hy Ruiiiron) •• a means of >BCprt«i[iin){ the forL-« srnentual hf Uie powilrr. Ho calf ulatod. ^m the nzA of the fmcltued aurfib^, luid Uie linown weight whicli iji n-quiicil to rupture iron wirrof a given ihtckneM, ihat llie pi< Miiia ttniler wliicli ibe barrel burst wiu equal lo -1 12539 lbs., or 3S0D0 aunotpherei. Bui ihs cftadiliofw here, Bre quite ifilfrTftic rrom ihoM in diurvering tke wire, loaamurh lu th« air wa* bi«i«)l, an<l veiy un^tnlly limiml, nnd ttie burtirig or ihv barrel nwlil hardlf ■ke plac« At all \|«ru at otic«, but prtjtMtbJr pKnceded Oora one pan in partumlar, m Uiat ibe fuRw vms (^x^rtnl in th? mann«l odT a JeVM, and under mucli more favorabU otrcumsUuioea ilian u the caie wh«D wire U rupturwl. Th« calculation U thervlbra pn>- babty verjr much loo higb. 2g 374 ronCE OF GUNPOWDER. of such operations, and bear witness to the successful result of the undertakings. The line of railroad cotning from Folkestone, after passing several viaducts, tunnels, and cuttings, traverses the Abbots Rock Tunnel. To reach from thence Shakspeare's ClitT (near Dover] in a direct line, the projecting rock at Round Down, an immense mass of chalk, which exartlj- intercepted the line, had to be removed. The project for removing this rock, whii-h occupied the space of 2400 cubic fa- thoms, and weighed one million tons, by one single blast, was sue* cessfuUy carried out by Mr. Cubilt. For this purpose, a channel, 36} fathoms long, was ro^ade in the direction of the railroad, and per- pendicular to this, three shorter side channels. At the end of each side channel, a perpendicular shaft was sunk to the powder chambers, each of which was !.'i.4 ft. long, 6.1 ft. in height, and 5.5 ft. broad. In the chamber towards (he east, 5610 lbs. of powder (50 barrels) were placed, in the middle chamber 7714 lbs. (70 barrels), and in the west chamber 6612 lbs. (60 barrels), together, therefore, in the three chambers, 19,836 lbs. of powder. The thickness of the masa of rock from the middle chamber was 85.4 ft., from the two others 67 ft. At the back of the rock, in a perfeclly secure situation, a very powerful galvanic battery was placed under a shed, ihe covered copper wires of which, exienuing 1'219 ft. over the top of the rock to the chambers below, and always resting on the ground, terminated in very fine plaiina p<iints in ilie middle of the mass of powder. By making connection with the battery, these points were brought to a red heal, and the enormous charge of powder ignited in the same moment. When all was arranged, care was taken to stop up the entrances to the chambers willi dn- satid. R'esides ihe charge of powder, a considerable quantity of air was enclosed in the cbaiDoers. It would have been quile contrary 1o the desired result to have ac- tually blasted the rock into the air, or hurled the fragments about with a great loss of powder ; the only object was to separate the mass of rock, and allow it lo roll into the sea. The accuracy with which the neces-sary quantity of powder had been estimated, was proved by Ihe wonderful success of the experiment. After firing the powder* neither smoke was evolved, nor report heard; no other noise than h that occasioned by the tearing asunder of such an immense mass of '^^\| chalk, was audible lo announce the result. The blasted portion of the rock, 500 ft. in breadth, began to sink, and slide gradually into the sea, which was distant 36 fathoms. In four or five minutes all was over. That which was here effected by the force of powder in an instant, would otherwise hare taken six months* labor, and have cost $35,000. The circumstances attending the explosion, Ihe abs4nce of smoke and report, prove that the charge was just suf- ficient to overcome the resistance, llie gases evolved had sutficieot power lo sever the mass of rock, without being able lo force a passage for themselves at the moment. Tbe same occurred, therefore, here, as in Kumfonl's experiments, in which neither smoke nor report was perceptible. In both cases, the sulphuret of potassium, and Ihe non< POncE OP GUIfPOWDER. 375 I pertniinent gases, hatl time to condense, and the other gases lo cool, before the walls of the chambers gave way. In most cases, fbf io- stancc, in shooiini; with guns or cannon, the sulphuret of potassiuin is condensed bv the cold air, and forms the smoke ; the forcible ex- pulsion of the other gases occasions the report by ibc vibrafions of the air. A second conibuslion also ensues when the hot sulphuret of potassium, and the combustible gases come info cunrart with the air fp. 360); sulphate of pnlnsh, carbnnic acid, and water, are formed with the flame which is always seen at the month of the barrel. The blasting of the Koyal George, n ship of the line, is not less in- teresting. This vessel was sunk M-hilst repairing, about sixty years ago, in the harbor of Spithead, through the obstinate ignorance of a lieutenant, in water of 90 fathoms, and as a wreck, rendered the otherwise excellent anchorage unsafe. ARer some smaller experi- ments, al firwt with 198 lbs., and afterwards four successive times with 49^ lbs. of powder, had been partially crowned wiih success, Colonel Pasley caused, on the 22d of September, 1839, a cylinder containing 2552 lbs. of powder, to be fixed to the firmest part of Ihe wreck by the divers. From the wdl-protecCed cylinder the conduct- ing wires, covered with a mixture of pitch and tallow, ascended to the surface, and from thence to the galvanic battery, situated in a boat at a distance of oOOfl. The protection against the water Is so complete, that a charge may be ignited in this manner after having lain under water for ten days. Kxplo&ions underwater are never accompanied hy a report, for reasons already mentioned; smoke can Mill less be produced. This was also the case here: three or four seconds aller firing, the wbler was seen to rise in (he form of a bee- hive to the height of 30 ft., it then spread itself out in the form of a sheaf, and lastly, sunk together in numerous muddy rings of waves. On the ships in the neighborhood a shock was felt, as if from an earthquake. The wreck was, in great part, shivered to pieces. The remaining portion was, afterwards, removed in the same manner, May 12th, 1840, by the same engineer. On this occasion, the cylin- der with 'i'S'2S lbs. of powder, was attached lo the keel. Thi; result was similar, but the sheaf of waler only rose to half the heighi, al- though the shock communicated lo the water was greater. When the M'ater had settled down, dead fish and fragments of the wreck were seen floating on the surface; even butter and tallow candles, from the stores of the wreck, were taken up. Methods of Testing the Force of Powder. — For practical purposes, chiefly connected with military operations, it is necessary to obtain a thorough knowledge of Ihe force of powder by actual experiment. By this means we are enabled lo determine, apriori^ the action of fire- arms, and to compare the effects of different kinds of powder with each other. The insfrumenis used for this purpose, are called powder-triers ("fprourt'Wes"). On firing a charge, not only the ball Is set in motion, but also the barrel, and whatever is atlachetl to it. Each time that a cannon is fired, the cannon ilsidf is thrown back several feet, and its motion is slight only because Its mass (weight) is exceedingly large 376 BALLlJiTlC PENDULUU. 28 compareil wiih that of the ball. In the different powileMners, which, in fact, are only ainall cannon or morlars, both motions are measured in estimating the force of ihe powder, vie.: that of (he ball, as well as the backwanl motion of the barrel. By the method of proof employed in Austria, the height i^ mea> sured to which a certain weight, inserted between two graduated rods, is raised, on being fired from the mouth of a mortar with a Ktren weight of powder. Willi the tctting-m^riart, on the contrary, the distance is measured to which a ball uf known weight is thrown, when the mortar is inclined at an angle of 46°, and loaded with a certain charge of powder. The jivnilultim- test ditfers from these, and can be performed in two ways. The barrel is either suspended as a penduhim, which is then moved by the retro-active impulse, or the ball is fired from a barrel at the side, and lodged in a box containing sand suspended as a pen- dulum. In both cases, the arc has to be measured, which the pen- dulum makes on receiving the shock. [ The ballistic pendulum^ or the pendulum, of Robins, consists of a mass Mli, turning about a horizontal axis C, Fig. 149^, which is set into os- cillating motion by a ball Jl projected along ^"JV against it, which serves for the measurement of its velocity, ^ii its centre of oscUIatiou, of which the path is M O. That as inelastic a blow .15 possible may ensue, there is an opening made on the further side, which from time to lime is filled by fresh wood or clay, 8ic. The ball re- mains after each projection slicking in this mass, and oscillating in common with the whole body. For the measure- ment of the velocity of the hall, it is re- <jui5ite lo know the angle of elongation of this pendulum, on which account there is further a graduated arc BD applied, and an index £' fixed to the centre of gravity of the pen- ilulum, which slides along with the former.] PiB- 14»\|. /\ ■u Ti- lt i [ For utendvo Hi>h<u nf »p<>nnicnu nn boili cannon ami rnutkpt pon<luluni>, nncl on Ksmt v«tiL-ljr of powdt-r. m™ liio " Kcjiort of Eiprrimi-nW cm (tiinpnwilrr, mnilc nt VnMbtntCIoti AnenRt in 1843 nnd 1844, by Cbj>i. Alfnnl MiiTdmmi, of iIim Onlnaricr De panmiMit. WashinKiDn, t84Q." Eiglii tnud^s of \|>root* or kimb of e\|)nnivi^tto were UMnl, luu] ill u ulile al yia%e» 314, 319, ■• rntiiicin gcnrral vtownfilir rriult. tiiul companiiro iiutiterkal vr]iip« of i^ch iprcin of powder. It is ihorir Mnm tlinl n, \|Miwi\|pr whi(^ll had n lar(t« proporiion of Mitpetr ihan mny other of ilio tiO Tnriciiv* uifd, liH«ini! in fiK-i (be connilution of 1i Mlip«ili«s 13 charaoal ami tOtiilpliur.jpivntliphiitlifaiavi-nmr' rmull. In Mttiolfn WH« ffXceMlitifcIy iiiimiiQ. h look titX of ilii-in v> makii a %n\n ttvy woiglil.,^ II wai hi^ly ^laK«(], nod tiail Itoon inonrpominl S lioiir» in diisi bntmI^ nnd 4 hottn i iiiiil«^ heavy rnjlprn. lis wri\|]1ii urns IIM7 oiinoit-* prr ciibii: liiot or 47 oijncr* iMaiiar] tlian wniar. Puwilvr of the «an» connitucuts, and in all rfi>\|)ci;l« of llio mmirchamclM^Jl txcrpi hrinK (!r>iiii1atti] nf ihr uto of rtwlto cniiiKin fiou-ilf r, of wliich it took oiily B.2 paniclci tu miibr thi> wpijihl nf a imy ((naiii, t^bi* ri>iitu in all tho modri of pmof info* rioi to ilioae [>f tlio fiao powttu. TIh; nwraRv of iho 8 inoilH of tettiiig. prori'd Umi il« relaiiTe force compared with ihai of Uio flnr powder was an S67j lo lUOU, or U vru ANALYSIS OP GUNPOWDER. 8T7 JV uwu The method invented by the Citizen Regnier, in the Year VII. of the Republic, and named after htm, applies simtiltaneousty both the backward and forward impul&e. A siuall brass cannon is attached in such a manner to a freely suspended sleel spring wiih two shanks, that it r«sta with its moulh against the one shank, wliiUt the back part is connected with the oilier shank by an iron (brk. The one shank on firing, therefore, is moved by the forward impulse of the ball, whilst the other is efiected by the backward tendency of the cannon, and both forces act in such a direction, as to cause the two shanks to approach nearer to each other. The amount of this approach, which screes as the measure, can be read oQ* by means of the indicators upon a graduated arc. The hydrottaUc proof test is founded on the retrograde action: it is performed by means of a barrel fixed upon a swimming support. In consequence of the roirofffade impulse, this is forced down into the water to a certain depth, which is then observed. Jinalyns of Powder. — It frequently happens, when powder of good quality, but of which the composition is unknown, has to be imitated, (hat a sample must be analysed. Thus K. Bnindes has analyzlfi and compared a brownish black Eni^lish powder from dis- tilled charcoal, with a black powder from, ordinary charcoal, fioni a mill in the principality of Berg, he found: Engliih, From Berg. Saltpetre . . 75.40 . . 75.8 Sulphur . . 10.75 . . 8.5 Charcoal . . 13.00 . . 15.0 The method of determining the saltpetre in such experiments is always the same, whilst thi; !^idphur and charcoal are eKtiniatcd in a variety of way«. By sol\onin}j the powder in seven times its weight of warm water, and welt washing the insoluble portion, a fluid is obtained, which, evaporated and dried, gives the weight of the salt- petre, and the residue, when dried, gives the weight of the sulphur and carbon together. Gay-Lussac proposes to separate the two latter constituents, by mixing 1 part of dry gunpowder with 1 part of car- bonate of potash, and deflagrating with 1 part of saltpetre, after the previous addition of 4 parts of common salt, to prevent too suitden aa evolution of gas, or loss by projection. Iti the clear solution of the fused mixture, the whole of the sulphur is contained as sulphuric acid (sulphate of potash), and can be precipitated by chloride of barium, the iD^ra eflinri of coaTwi tcmnulalian reniicml l^t per oftiL IrM otfnclivr ditin if it luul been in ibo Ancr ftato of itranuiDiion. In anuibei onse, uanuon powder, of 7.1 psniclea lo the gmin troy, iiiive * Ibice rampnreil with the muekM powder nf the inmc nMUiiifito- rare, of which it louk 113.4 ittnint to make thewme wi-ifilii — ni S21 to 916. LcMf ttom rawM Bmnulwkici 10.3 fttr a^.nU In aoolhor anr. Die rrlvire force of powdot ui perii- cl<i K) Ann ihnl ^34.9 nisiJo a urniti tmy, wn* to ihal ol Ute Bunii powdpi so coono tliat 11.1 panicles 4)nly went ro<]uiic<l to mnke llti- nme weight a* 9i9 to 679. Ldv frara eouse tmnnlnlion HJ2 pcf ocni. In n fmmh taun, powder of 17.4 paniclea todWfnin, garm n fon^ of H'lO. aaii with 1L6() jmiiicloa, u foroc of UTti, lou 13 per eenL H«n(v thm (^to loftlweirvciivaforBD of powder itluttby too ««(M a gnuuhuwo. — A«.£9.] 2q* 378 M0D£9 OF AKALYZING GUNPOWDER. anil it8 quantity determined. Tbis melhod is much more tedious and complicated than that proposed by Berzeltus, who beats the above residue in do ap{}aratus with two f^lass bulbs, in a current of dry by- drogeo. The sulphur then diiitils over without igniting, and con- denses in the second bulb. When both bulbs are separated from each other by cuttings the weight of the sulphur and the charcoal can each be determined separately. This method is simple, but not very accurate; for some sulphuret of carbon is alwiiys formed, which is Mceedingly volatile and escapes, causing a loss both of sulphur and carbon; the amount of loss in the latter, is also increased by the evo- lutba of the volatile matter contained in it, principally in distilled charcoal, which escapes, and is lost. Bolley obviates this evil, by boiling and washing the mixture of sulphur and charcoal, with a solution of 20 to 24 parts of sulphite of soda. What remains after this treatment is charcoal ; the sulphur which is dissolved is calculated from the loss. This process depends upon the property of sulphurous acid (SO,), of dissolving another equivalent of sulphur, and becoming hyposulphurous acid (S^ O,}, which remains in combination with the soda. The amount of nitre may also be ascertained, according ^o Mar* chand,* by determining the nitrogen in the powder; a portion of the sample is weighed olT, ri'duced to a tine \|mwder, and intimately mixed with oxide of copper, and then filled into the combustion lube, which is charged posteriorly with carbonate of lead, and then with oxide of copper; oxide of copper and metallic copper are placed in front of it. Marchand recommends the estimation of the sulphur as sulphate, in the following manner, 1 ptirt nitrate ami 3 parts carbonate of baryta are intimately mixed with j'^th of the gunpowder, and heated in a lube closed at one end. A kyer, 3 to 4 inches in length, of the barytic salts is inserted in fi-ont of the mixture, and the whole is heated in the furnace lor the combustion of organic substances, be- ginning with the anterior portion. The mixture does not fuse, and is easily removed from the tube, the latter is rinsed with dilute murialic acid, which aflerwards server to dissoEve the ignited mass. The liquid is retained in a bealcer-glass for several hours at a temperature of nearly 213% and the sulphate of baryta is then collected on a filter. Sulphuret of carbon is often employed for removing the sulphur from the mixture of charcoal and sulphur. The gunpowder, after having been exhausted with water to remove the nitre, is treated with absolute alcohol which displaces the water, sulphuret of carbon, which has been reciified over oxide of lead, is then poured over it, until what passes through leaves no sulphur on evH{K)ra!ion.. The powder is finally treated with alcohol. It is still better to use the sulphun't of carbon mixed with absolute alcohol ; as soon as the charcoal is washed, a current of dry air is drawn through the lube by means of an as- pirator, the tube itself being confined in an air-bath at a temperature * V. Joiira. fQr prakL Cb«m. uxviii., p. 199, a Cbrn. Gaz., Oct lit, lft47. CUM COTTON. 379 of 248". Tbe dried charcoal may theo be weighed. The oilrt, which is obifllned should be tested with nitrute of nilrer for chlDrine, nnd the sulphur for arsenic, b>' washing with ammonin, and the ad< [lilion of an arid. It is also important to determine the compoalion of the charcoal. The mixture of sulphur and charcoal obiaioed bj xfaaustion with wafer is burnt in a current of oxygen, or with chro- malt of potash, and the water and carbonic acid weighed. A lube containing peroxide of lead should be instried between the chloride o( calcium tube and the potash apparatus, in order to absorb sul- hurous acid. GVV COTTOW, Much interest and excitement have been caused during the last wo years, by the announcement of a substitute for p^npowuer, which IS said to be four times more powerful than that substance, weight for weight, to ignite at a much lower temperature, to be uninjured by water, and to bum without vmell, smoke, or residue. This substance a the gun-cotton of Professor Schonbein, to whom the entire credit ia du?. of discovering nnd making known the various useful purposes to which this remarkable iKKly may be npplied, alihungh ils actual dis- covery dates from a period prior to that when ScJionbein published lis experiments. In 1833, M. Braconnot observed, when starch was heated for a rtiort time in strong nitric acid, until complete solution had been effected, and the solution wa.t poured into a large quantity of cold arater, that a white pulverulent amorphous substance gradually sub- ndetl, which, on being dried, w»s hiirhly combuMtihlf, and burnt without leaving any residue. This substance was called xyloidine. M. Pelou2e, in 1838, repeated the experiments of Braconnot, and band that paper, linen, cotton, and other ligneous substances, when ubmiited to the action of strong nitric acin (np. gr. 1.6), for a few mioutes, and then well washed with water and dried, possessed the tame properties a.<i xyloidine, without having lost, however, their ori- poal form and appearance. M. Pelouze was inclined to believe with :hemtsts in general, that this waa only another form of the same sub- ^ance; he also threw out a surmise, that the substance might be ippUcable to certain useful purposes, especially in artillery. The lame chemist, in conjunction witn others, has, however, since shown, ihal these two substances are not identical. That the substance pre> ared by immersing paper, linen, cotton, &c., in nitric acid, contains oore oxygen, and consequently more nitric acid than the xyloidine of raconnot, and the name of pyroxyline or pyroxyle has consequently ten given to it. The gun-cotton of Schonbein is probably this latter tabalance, or i^ome body closely allied to it. The plan adopted for the manufacture of this compound is aa fol- >w»: cleansed cotton is immersed in a mixture composed of equal arts of concentrated nitric and sulphuric acids for about 10 or lb 380 COMPOSITION OF CUN-COTTOJf. minutes,* antl iu order to prevvnt accidentf;, do porlion of the cxiKon should bi: nbovo the level of the liqnkl. The acid shoiiM then be pressed out, and the cotton which remains impregnittetl with it is well washed with water, unlil no acid reaclion is perceptible to the tongtie; it is now dried rapidly at a temperature not exceeding 212° F. Care should be taken in dryiog this substance, to allow a free current of air to pass over it, find to spread out the cotton as much as possible, in order to prevent its forming into dense masses, which, according to Mr. Oxiand, (see Chem. Gaz. for September 1, 1847,} are much more liable to explode. It is, indeed, probable, that the method of drying in stoves, practised at first in Messrs. Hall's maDufaclor)', was the cause of the exptosion which occurred tliere, and which cost sere- ral persons their lives. No minute description of the mode of preparing [^ncDtCon upon a manufacturing; scale has been published up to this period, and the foregoing notice, which indicates the plan practised by M, SusJine at the Direction des Poudrcs ei Saltpetres, must suffice to give a general view of the process, which is no doubt carried out with slight differ- ences, although the same iu principle, in the different manufactories. With reganl to the composition of gun-cotton, nothing certain is established. The analyses which have been made of it, and which are numerous, do not accord, and tend rather lo prove that several products may result from the action of nilro-sulphuric acid upon cot- ton, paper, &.C., depending, amongst other things, upon the stale of concentration of the acids used, the time of immersion, &c. The table below contains the results obtained by different analysts. . c n Subctonce ntinlyxML •i f 1 Aiwlyvi. ^ ^ ^ Cf»(in wool 44.5 n.i 46.4 Pi'ttriikurci. Xyloiilioe . . ao.iu 4.79 S.G3 SS.SO l>iiia Ditto .... 37.a& 4.00 5.17 53.55 BaliloL Guiicoilon . , 37.43 3.54 14.26 .■M-?? 5cliaribiTin nnci Bjittgvr. Dino .... S6.08 a.M MO tia.311 Peitwnkofer. Dim .... 36.28 3.L6 10.30 eu.30 RnnwnifL Utio mciiD of S AnaL ■ 95J 3.7 i.'T.a 5^3 lleckiM. IHtio .... 40.0 3.32 15.M 62.33 Porr«t and TMcliemacber. PjrrosyliDtft 26.ee 3.70 10J6 59.38 Velaatf.. i»r4 .... 36.23 2.73 19.75 51I.99 Cladtlvtjtt. Pelouze considers pyroxyline to be the only product of the action of nitric acid upon cotton, and he also Ihiidcs the numbers given in the table above, suSieiently near approximations to the calculated rewlts, to warrant the assumption that the body consists of I equiv. of * SdiOnbein recommMH]* div oM of 3 pvtf nilpbuxic add, and 1 or niuic Mid, of tp. gr. 1.5. t Oblain«(l by the artion of nitric ncitl (up. ht. 1,5) on mltan vrnol. X Obtained bj imnivnion in n nuztoio of 3 (xuu fult>bunv noid, vid 1 fmrt lutrio mhI, of tp. gt. 1.5. PROPERTIES OF CUN-COTTOJl. 381 I I cotton + 2 equivs. hydratcd nitric acid — 1 equiv. water ; its compo* sition would then be expressed by the empirical formula: Coiion. Hydmtvd nitric acid. Water. C„H„0„N, - C„H„0„ +2[N0„ HO) -HO Mr. Ransome deduces from his experiments the following formula lot g;an-cotton : C.AO„N. = C,H„0„- 2 H + 2 NO.. The formula for gun-cotton, deduced by Messrs. Porrett and Tes- chemacher from their experiments is C,^,0,+4 NO., and they are inclined to consider it a combination of nitric acid with llgnin, as is Indicated by the formula. The properties of gun-cotton are very extraordinary. Ii is insoluble in water both hot aud cold, and when removed and dried, is found to hare lost nont' of its original jiroperties ; acids have also no action upon it, and this efteclually lUstinguishes it from xyloidine. The hc.«t solv- ent for gun-colton is acetic ether, and thiK substance may be used for rendering it perfectly pure." It explodes violently when heated to 3Tj6° F.fOt on ignition, leading scarcely any residue, and creating very little smoke. The temperature at which it is thus decomposed, is so much below that at which gunpowder explodes, that the cotton may be lightly placed upon the surface of gunpowder, and detonized by a red hot wire without st'tling fire to the powder. Friction of the ordinary kind will not i-xphxie gun-cotton, hut when placed on an anvil, and powerfully struck with a hammer, the heat generated by the stroke causes it 1o detonate. The gases generated when gun-cotton is ex- ploded, have been examined by Messrs. Teschemacher and Porrett, and found to consist of carbonic acid, cyanogen, nitric oxide, carbonic oxide, nitrogen, andthevajHir of water. With reference to the projec- tile force of gmi-roKori, as compared with gunpowder, official statenieiils have been made public byCapt. Mordecai in this country; and there appears reason to apprehend that its action, in its present form, is too rapid, and resembles loo much that of the fulminates, to render it appli- cable to the purposes of gunnery. The gaseous products from its com- bustion are also such as cannot be altogether resisted by fire-arms, ahhough, if air be absent, no great amount of corrosion can ensue; and as it baii been found, that gun-cotton impregnated with chlorate of potash or nitre has a still more powerful effect than that prepared in the uxual manner, the addition of these substances would at the same time tend to modify the corrosive action of the acid products of combustion. As a substitute for gunpowder in all mining and blast- ing operations, however, the superior local force of the powder-cotton vill be highly valuable; and it has indeed been found to effect as much as four times its weight of powder. Id the pyrotechnic art it will probably also be extensively used, and paper prepared by the method of Pelouze^ and moistened with solutioosof nitrate of strontia, * pi ttlBy sifa be dinolved in •ulpbuiic rUitr, tuiil cnnslilutAn » tnui>p<u»nl lii\|uid wlueh bu been Rpflied lo lbs {iut\|>mw* ofiatgeiy, ia dtvning wouodi.— An. £«4 382 PRODUCTION or XITR1C ACID. sulphate of copper, and nitrate of baryta, yields very beautiful red, greeDf and while Bres. AQUAIX)RT1S. — NITHIC ACtO. Nitric acid in a certain state of (concentration, is called *aquafor- tis;^ although this appellation is very generally given to alt comraer- cial nitric acid, without reference to its strength. A closer distinction is drawn between the acid with 40 per cent, water (specific gravity 1.42, and boiling point "25.1° F.), which ts called "rtoubie a<pia- fortiSi'' and the acid with jds water, which is that in common use. In these ditFercnt degrees of concentration, the acid is used for many diOerent purposes in the arts, particularly for the purification of gold^ for etching copper plates, &c. Theory of its Production. — All the nitric acid of commerce is ob- tained either from nitrate of potash, or from nitrate of soda, by means of sidphuric acid. The former, or ordinary saltpetre, contains only 53.4 per cent, of anhydrous nitric acid, whilst the latter, or Chili-salt- petre, on account of the smaller equivalent of soda, contains 59.6 to 63.1 per cent. In addition to this. Chili-saltpetre is the cheaper salt. The sulphuric acid, exerting its greater idTmity, lakes possession of the alkali in both cases, and the nitric acid is libemCed. It should be borne in mind, that sulphuric acid can unite in two proportions with the alkali, and it is by no means unimportant which of these two is ultimately formed. Whether 1 or 2 equivalents of acid, to 1 of alkali are used, the bisulphate is always produced; but in the for- mer rase, with 1 cquiv., the saltpetre is only half decomposed, whilst with 2 equivs., the deconiposilion is complete; this will Le obvious from the following equation for potash saltpetre: n 1.... .L ,S H"- S>s . KaO, NO, > - ,. 9 cquiFK. h/rlmlMl Mlphurie nciil i uq u.j nntl ir-Q vq' \ ^ «<liiivi. Mlpctrft. produce; 1 oiiTiiv. W«ul- 5 KiiO, SO, _ , HO. NO.i phateof pouwh ( HO. SO, ■"" K.O. NO,. : 1 cquiv. hyJratcJ nitric wAA. : 1 MJUJV, (umlccUCUIKMVcl) MttpMl. The one-half only of the producable nitric acid is consequently obtained, and this distils over at a temperature of 132^ (270^ F.). If the temperature be raised still higher, a second decomposition en- sues, the second portion of saltpetre being forced by the action of the bisulphale of potash, to relinquish Its nitric acid. This acid, however, cannot resist the inlluence of the high temperature, and is resolved into oxygen and peroxide of nitrogen, whith dissolves in the hydrated nitric acid already distilled, and forms ^mtJi^ nitric acitl. It has been found, when Chili-saltpetre and 1 equiv. of sulphuric acid are employed, that the temperature at which the second equiv. of nitric acid separates, is not nearly so high, so that only a portion of it is de- cnmpost-d, and instead of fuming add, a colored acid is obtained, hich, by dilution with water, and a slight application of heat, may be easily freed from all peroxide of nitrogen, and converted into or- DIBTItLATTDN OF AQUAFORTIff. 3S3 dinary nitric acid. This constitutes a third advantage attending the use of Chili-saltpetre for the inaniilacture of nitric actd; the grearer cheapness of the salt, and its greater amount of acid hnve already been mentioned. With ordinary saltpetre, 2 equivs. of sulphuric acid are, therefore, absolutely necessary, and tbe decomposition occurs as follows : I Before rfi^omposiiion. 1 e<).mlmteol C I eq. niitta mcid — - pcadi ( 1 eq. \|>uin»b ^^^ I «q. hyi)i«W(l ■ulphuiw Kid. 1 1>\. hydnt£)l mliihutic ocuJ A Hrt •trcompMition. 1 1 e<^. liydratc^l uiLric acid. ( 1 oi}. water \ \ c<\|. Hilphuric odd 1 eq. nilphnt oT potuli -1 cq. hytlnted mlpb. acid 7 1 eq. blsulpti. 5 of (Kilnab. Adopting these proportions, which correspond with 96 to 97 parts of oil of vitriol to 100 parlN of saltpetre, the whole of the nitric acid is obtained, and according to caleulatlon, 100 parts of nitre ought to produce 62.25 nitric acid; somewhat more is in fact obtained, for the oil of vitriol contains rather more water than the proportion corre- spooding with the hydrate, and the sahpetre is always more or less damp, so that sufticient water passes off to produce eventiinlly the second hydrate of nitric acid. It is not desirable to dilute the sul- phuric acid, as the oil of vitriol contains the (juantily of water re- quired by bisulpbale of potasli and nitric acid. This, however, is Dot the case when Chili-saltpetre is used with 2 equivs. of sulphuric acid, for bisulphate of soda unites with 3 equivs. of water, and these it roust obtain from the nitric acid, which Is consequently decomposed. Water must, therefore, be addi'd in this case, and the projiortions best suited to prevent any nvcrtlow during ehullition are: 100 Chili-salt- petre to 117 oil of vitriol, and 30 of water. The production of bi- sulphate of soda being in this case unnecessary, as was previously staled, the simple proportions of fiS oil of vitriol to 100 of Chili-salt- petre may also be substituted for those above. In consequence of the high price of oil of vitriol, clay was cm- ployed ill former times, and at a later period green vitriol (see p. 245). Iq the former case, the silica in the clay etll-cted the decomjiositioD, but, as tbe necessary quantity of water was not supplied to give sta- bility to tbe arid, which can only exist as hydrate, a great portion of it was lost by decomnosiiion, the same occurred with green vitriol, the nitric acid being derived from the nitrate of iron, 6rst prodtfbed, undergoing decomposition at a high temperature. IHstitlation of .riqunfortis. — In the manufactories of aquafortis, glass or earthenware retorts are used, or vessels of cast iron. The retorts a are sunk in sand-jiols h b b. The sand-pota sK placed in a row in a so-called gallery furnacc((»a/e«rao/eJi) Fig. 150. Afuroace of this kind comprises two firings with a common chimney, the damper of which is seen at g, .separated by a thin pariition. Above the ash pit / is the grate o, from whence tbe flame traverses the whole length of the furnace, heats the five snnd-pots, and es- capes into the chimney at A, The pots can be removed and replaced at pleasure, and the hre advanced to such a position us will comma- 384 DrSTILLATTOH OP AQtTAPORTIS; nioale a uniform heat to the pots. On charging the retorts, ^eat care is necessary to prevent any saltpetre or sulphunc acid from re- Fg. lao. maining in the necks, which would, if not removed, be carried info the receiver wjlh (he acid. The saltpetre which remains attached, is shaken into the retort by gfntle tapping, and the sulphuric acid is introduced by a long necked ftinnel. The receiver should be kept cool by a stream of cold water, but as this is loo troublesome^ the use of water is dispensed with, and a very large receiver is employed that an extensive surface may be exposed 1o the cooling action of ibe air. When the charge begins to get warm, an empty receiver is applied, for the first portions of acid are ver)- impure, and mixed with red vapors. These arise, partly, from the decomposition of a portion of nitric acid by dust, and organic matter which is always present, but are chiefly caused by the sulphuric acid. For, at the moment when the first portions of nitric ncid are evolved, the whole of the sulphuric acid is not in contact with saltpetre, a portion is con- sequently free, this portion takes water from the nitric acid, and con- verts it into oxygen and peroxide of nitrogen. Another source of impurity is owing to the chlorides of sodium and potassium contained in the nitre, which evolve muriatic acid when acted on by sulphuric aci<r. This reacts upon the nitric acid, producing chlorine, nitric oxide (which, with the air in the retort forms the red vapors of per- oxide of nitrogen) and water. The hydrate of nitric acid is decom- posed to a slight extent, by mere distillation with the evolution of red fumes, which are never entirely absent, but soon after the commence- ment of the operation, ihey become almost imperceptible. At this period of the distillation, the receiver with the impure acid is ex- changed for another, containing as much water as is required to bring the acid to the proper strength (40 per cent, of the saltpetre for acid of 1.4 Bp. gr.). The heat must be cautiously applied at first, aa the contents of the retort swell, and threaten to flow over. The pasty mass afterwards sinks down, and boils steadily at a temperature of DISTILLATION OP AQUAFOnTlS. 3S5 \ 132° (270° F.), with a constant evolulion of nitric acid. Towards the end, when the um&s has become very siitiT, and the heat can no longer permeate U uniformly, the sides of the retort become over- heated, and cause the reappearance of ruddy fumes. The distillation should now be stopped, for very little more nilric acid pnsiws over, ev^n when the residue is brought into a slate of fusion, and at this period it can be most easily removed from the relort. The use of iron vessels was first inlrtiduced in Prance, and their form and mode of arrangement are similar to those adopted in ihe production of muriatic acid, when this is made the object of a special manufacture, and not obtained as a waste product. The decomposing vessels are cast-iron cylinders — retorts with move- able lids, which are closed in ihe same manner as the gas retorts (p. 164). Each pair of retorts is fixed over a common Bring, of which one furnace contains several, Figs. 161 and 152, and is surrounded fig. lai. Fig. i&a. by the flame which, reverberating in the dome, escapes by (he flues o, 10 the couuuon horizontal channel p^ and from iLience to the chimney. The cover of each retort is supplied with a mottth-piece ; the hinder lid and its aperture, situated above the door of the furnace, is for the introduclion of the sulphuric acid; Ihe front mouth-piece, or aperture, is for conveying the acid, by means of a tube, to the three-necked receivers of earthenware Ji and B. The tube must be of glass, that Ihe color of the vapors may be observed, unless glass vessels are employed as receivers. The cylinders are adapted for 170 lbs. of saltpetre ; as soon as they are charged, the covers and tubes are luted on," and the sulphuric acid is poured into the aperture a, which is then immediately closed. The fire must be regulated in a slow and uni- form manner; the greater part of the acid is condensed in the first receiver, which is placed in cold water; whatever escapes from this n condensed in B. Safety-tubes are inserted at c c, to avoid any accidents, which, in consequence of too great condensation towards Ihe end, might be caused by the atmospheric pressure, and in order that the air mny escape in the beginning. ^Ilh au apparatus of this description, much acid may be obtained in a short lime; it is, however, less jmre, and accompanied by a greater quantity of the ruddy fumes, and the cast-iron, particularly in The InUcriifarmndoTclBjr, iinnoBd oil, nnd ■ tinall proportion of oiJ<l(« Riesl, ■nd nay be long and ivpeniedlr utvd. — Ah. Ed. i 3S6 EDAP BOILIKG. the colder parts, U somewhat attacked by the acid. This occasions a tosa of acid, aad at the same time a constant demand for new re- torts.' Commercial nitric acid is never pure. When too much sulphttrie acid has been employed in the preparation, or cleanliness has not been obnervetl, it will contain sulphuric aciil, which may be precipitated by nitrate of barytes. Salts of potash, sodn, and oxide of iron, are also canied mechanically o\er into the receiver. Chlorine and peroxide of nitrogen, are likewise present in ordinar)' nitric acid. The pre- sence of the latter is indicated by the brown color, which the protosalts of iron assume in the acid, or by the green color of yellow pnissiale of potash ; it is the chief cause of the yellowish-brown color of much nitric acid, and is not entirely abspnt m colorless acid. Chlorine is detected by a solution of nitrate of silver. Both chEorine and peroxide of nitrogen can be separated, for the greater part, by distilling a small portion of the acid ; these being more volatile, they pass over with the first portions. The chlorine can only be removed completely by a solution of silver, and the peroxide of nitrogen, by allowing the strong nitric acid to boil fnr a time exposed to a current of carbonic arid, or, acrordinpr to Peloure, by digesting with it the peroxide of lend, no oxide of lead being dissolved by the concentrated acid. Weaker acid may be digested, according to Millon, with yj,{, of birhromate of pot- ash, with the same result. According to the observations of Lerabert, the iodine in Chili-saltpetre (p. 3'2\) accompanies the acid, and may be detected in it when that salt is employed in its production. THE HANUrACTtmF. OF SOAP. — SOAP BOIUHG. By the term soap, in ordinary life, we understand the product re- sulting from the action of potash and soda upon the fats, a substance, in which these alkalies are combined with certain constituents of the latter class of bodies. In scientific language, this term has been ex- tended lo all similar combinations of the basic metallic oxides, so that in chemistry we meet wjtii soaps of baryta, magnesia, iron, copper, &c. Besides soap, in the limited sense of the word, or the soaps of the alkalies, there are only one or two others that have any techno- logical interest, these are lime sonp in connection with the mannfac- ture of stearins (p. 123), and Itad soap used in pharmacy, when it is called plaster. History. — The use of soap is nearly as old as history; the asser- tion, that soap is ruentioned in the Old Testament, however, is an error, find was probably first circulated with Luther's translation, for, when we read in Jeremiah If. 22: "For though thou wash thee with nitrt, and take thee much sope,^' and in Malachi III. 2: '^ For he is like a refiner's fire, and like fuller's so/)?," in the Hebrew text the words (foriih (vegetable lye salt, potashes), and nether [mineral lye salt, soda) * Do Soiwi bm pointed oui n new plnn oC ptjiniiiinK nitric iicfd in tho ipvciflcBtioa et liM parent lot podn, viU'icU n>nniM in h^nliriK niimw of toftn or pouuh m redncM wllh lime or tome oitict oi' die Mrtli, luid coudctuing tho niiric KJd, whicli 1« tfaea enilrod. • MATERIAie USED FOR SOAP BOILING. S97 I are nsed, which could never be intended to denote soap. Pliny, on the contrary, malces particular and distinct mention of soap, vrhichhe declares to be a Gallic invention, and states that it is best prepared in Germany. He also distinguishes between bard and soft soap, and was acquainted with the mode of its preparniion from the ashes of the beech tree and goat's tallow. Galen meniinnfi soap with the like as- surance, as do also Paulus .l^^neta and Ae'iuit. Homer de^tcribes fully and accurately, what Nausica took with her for washing at the river, but makes no mention of soap, which was, doubtless, unknown to him. Crude Materials /or Soap Boiling. — The fats used by the soap- boiler are partly fluid and cily, as olive, hemp-seed, rape-seed, lin- seed oil, train oil, and less frequently poppy-seed, beech-nul, nut and almond oil ; partly solid, as tallow, cocoa-nut and palm-oil, and some- times hogs-lard, oil of Klipe, and Oalam butter. Tallow. — Of tallow we nave already spoken at length, in treating of the materials for illuroinntton (p. 119). For the manufacture of soap, remelieJ tallow is preferable, but crude tallow can also be used, and the clarification is not absolutely necessary. When the produc- tion of soap and candles is carried on in separate departments of the same manufactory, which is usually the case, thi firmer kinds of tal- low should be made into candles, and the softer varieltes hotted for soap. In northern countries, tallow is the chief fat used by the soap boilers. Lard. — Hogs'lard produces a very soft soap, which is too readily dissolved by water. For this reason, and on ac<x>unt of its high price, being much used as food, lard is seldom made into soap; but when employed, tt should always be previously melted. Hemp-seed oil. — Hemp-seed oil is obtained chiefly in Russia from the seeds of Cannabis saliva. It is of a greenish yellow color, has a sharp smell, but mild taste. At — 27'=' (— 16° F.) it is solid. It is quite as soluble in alcohol as the following oil. Linseed oil. — This oil, obtained from the seeds of TMium usUatit^ mum, is also a product of the north. When freshly pressed, it has a golden yellow color, which becomes brown on keeping ; it has a pe- culiar smell quite dilTtrent from that of all the other oils, and becomes solid at a temperature of— 16"^ lo — 20' C. (+ 3° to — 4° F.) From the experiments of Sacc, it appears to be a mixture of oleate and margarate of glyceryle, containing no stearale. !i is frequently adulterated with colophony. Oil adulterated in this manner, generally parts with the resin to alcohol, which then produces with acetate of lead a white precipitate. Train oil. — Mention has already been made of jfjft oil (p. 117). Olive oil. — Olive oil, which is used in large quantities for the pro- dnction of soap, replaces tallow in the countries of the south. The manner in which it is obtained from the ripe fruit has already been described (p. 116). K The extensive trade carried on in olire oil, in the countries of B iouthern £urope> renders it a matter of great importance lo be able 388 NETirODS OP TE8TIRG THE PDRITY OF OILS. to delect the adiilterali^n, which is frequently practised in its pre- paration. The hii^'h price of Ihif oil is a stronj^ inducernenl tn mix it with other vegetable oils, and poppy oil is generally sr-lerted for Ihis purpose on iiccount of its law price, mild taste, and nearly imper- cepiiblp smell. Several methods have been siircessively advanced for ascertaining (he amount and the nature of such adulteratioDK, but only one of these affords repultg of suITifient accuracy. The others, however, beinc frequently employed, merit here a passing notice. Poutet, a cbcraisl and driigijist in Marseilles, was the first to intro- duce a process which has been very generally adopted, and is founded upon the fact, that pure olive oil shaken with ,'^ib of a solution of 6 partH quiekAJIver and 7} parts of stroncr nitric acid, is converted into a solid white body. This conversion is dependent upon the presence of hyponitrous acidj and can be produced by that acid alone without the use of quicWsitver. Hyponirmus acid converts the oleic acid, ■which is in combination wilh glycerine in the oil, into Khidic acid (Cj, H,„ Og + 2 Aq.)' which remains, as Ehidine, in combination wilh the glycerine. The measure for the purity of the olive oil is, therefore, by Poutet's method, the degree of firmness which it assumes after a short s[iaee of fim.e. Whilst pure oil becomes Miltd and sono- rous, that which is mixed with j'^ih of poppy oil only acquires the ronsistence of tallow, and with ,Q(b it is hardly firmer than lard. These degrees of consistency, however, arc so indefinite, and pass so easily the one into the other, that they afford no accurate measure of purity, when the araonnt of poppy oil is below I'^jth. Boudct first discovered that the solidification was due to hy[H)nitrous acid, and starting from that, he advocated the use of a mixture of 'i parts nitric acid, and 1 part nitrous acid (peroxide of nitrogen) instead of the quicksilver, and made the time, which a specimen took to become solid, or at the expiration of which it could be poured From an in- vert«l vessel at 10° (50° F.), the measure of its puriry. He found, that the time at which solidification occurred, with pure olive od, was generally bb to 430 minutes, and that this was retarded 40 minnles by the addition of ^Jcth poppy oil, 90 minutes by the j'^lh, and very much more by the presence of i^eth. On examining this method of testing, Soubeiran and Blandeau found that pure oil required between 43 and 59 minutes to Boliclify ; oil containing j^oth of poppy oil, 45 to fi^Tninules; and that from 48 to 97 minutes elapsed before an oil containing ,'jth of poppy oil became solid. The times of cooling are, therefore, so uncertain thai many pure oils require more lime to become solid, than others which are adulterated with poppy oil, and all conclusions drawn from experiments of this kind, even when exe- cuted with the greatest care, can con-sequently never indicate the de- gree of purity of the oil; moreover, the method was only intended for the deieclion of poppy oil. Other adulterations arc, however, seldom met with, partly on account of the smell and taste, or the co.<;lliness of the other oils. In tes's of this kind, where two oils are compared, the same quantity of acid must, of course, be taken to each spec! men, for the time required by one and the same oil to solidify is dif- I ferent with a variable amount of acid, nitrous acid (peroxide of nitrogen) with Thus, a mixture of 1 part ■ I ■ ■ I 70 miDutes. m niti ^1 50 • " • 78 ^^^K 100 " ' 130 ^^^B 200 ' «' •< 436 ^^V 400 « will not solidify at all. ^m Faure fancied that he had found a better test in ammonia, j'^th of H which, whra shaken with pure olive oil, productfl a milk white, uni- H form (hick iioap (the volatile salve of the drug^rists in Germany), whilst H poppy oil forms a granular mass. Similar uifTerences are observable ' in the combinafions of nnimonia with ihe pure and mixed oils; but they are still less de^nile, as modes of testing, than those obtained by Boudet's process. ' A very different method of exsmininif oi! has been introduced by H Boujseau, and is carried out by means of his so-called Diagometre. H This test is founded upon the different powers of olive and poppy oil f in conducting a galvanic current, the former conducting much less readily than the latter, without being a perfect non-conductor. The construction of the diagometer is such, that the power of conducting in the specimens, their purity, therefore, may be seen by the devia- tion of a magnetic needle, under the influence of a galvanic current passing through the specimen of oil. This method is, however, of no practical utilit}', on account of a certain difficulty in making the observation, and still more because the power of different kinds of olive oil to conduct electricity is variable, and in some instances is even greater than in oil which has been naixed with poppy oil. The old well-known plan of shaking, which depends upon the difference to the viscidity and consistence of otive and poppy oils, is still very much practised. When large bubbles of air are introduced by violent shaking below the olive oil, these arc observed to vanish from the surface with a certain degree of rapidity. "Hie duration of these bubbles gives an idea of the amount of poppy oil present. At least, Soubeiran and Blandeau found, in comparing 21 samples of olive oil which were in part pure, partly mixed with ,'jth, and partly with a'^th of poppy oil, that y'dth could be pretty accurately detected in this manner, but not s'n^''** Palm oil is a vegetable fat, exiracted, according to some, from the fruit of a kind of palm, Jhoira Elais, or Eiais guianams^ according toothers from Cocus butyracea. Both plants may possibly produce * M. Heidrnrjcb Koommetuls Ihmo dininct mms tor dcwctinti t^") Mluln^niiionii in mtDmcrRJa) oil. Ttin litwl tnt is ihs nn«ll prodimnl hy llw oil whan X^ntly hmiwl, wbich ii raiJ iv rcFcinUlo itmi •.<( ihv nDiimal m jilant (tvm wliicli (be oil )in4 tirvn ob- loinftl. 'I"hc Kicond hiw trfi-rrarc lo ihift cluinic of cvU-i rxperitnci'd by Uie oil. wb«n ♦twIihI on m glnn pinto witli milphuric: acid. That ihinl nipciritnmt c^onvixU in n««ttiijn> ini llw tUtnaitjr of tbe oil by Ovy-Liume' alwbolmoter ; tlie dotuiiy oC pare ui'i bvinic chwuad by nn Mdmislttre of ibc oihw inf^ot kimlL For ttanhcr panctTUtof* tttptmittg Iht modn of tcating, v. Vian. Gaz, vol. L 3MS. 2h* similar Vinds of vegetable fat. Palm oil is llic produce of the tro- picRl parts of Africa, and is brought to Europe from the west coast of that continent; from being extensively used in the manufacture of soap, it has become a very imjtortant article of merchandize. Al- thou^ the existence of palm oil has long been known, it was always classed among the curious products of nature, and not among those substances which areofim[»oriance in the arts, and it has only attained its importance by a remarkahle concurrence of circumstances, in connection with the most praiseworthy action in modem British his- tory, vix.: the abolition of slavery. Since the slave trade has been subjected to the restrictions of the English, the natives of the const, instead of bartering human beings for the supply of their foreign wants, have been farced to substitute the useful produce of the soil, or palm oil, as payment. As many as twenty slave ships were to be found at the mouth of the Oony river, (an arm of the Niger,) until the blockade of the English put a .slop to the traffic, and made an opening for the exportation of" paira oil to Ibe amount of :iO,0(X) tons yearly fnun this port alonp. Ibe greatest cnnsumplion of this oil is in Englan<l, where two hundred times as much is consumed as in France; the palm oil used in the latter countr}* amounting to onlyj^ per cent, of the fats saponified. The fruit of the palm is of the size and form of a pigeons em, and contains a hard stone, surrounded by a fleshy integument. The oil IB obtained from the latter, not from the stone. The fleshy part is boiled with water, when the oil separates on the lop, and can easily be collected. On cooling, it assumes the appearance of a reddish- yellow fat, of the consistence of firm butter, melting at 29° (84 J° F). As the word oil is used to express the fluid fats, it is not appropnalely applied to this substance, which should be called Palm-butter. It has a strong but agreeably aromatic smell, very much resembling that of the violet root. Palm oil, as it occurs in commerce, is in that state in which the ordinary fats are called rancid, i, e. it contains free fatty acids, instead of the whole of these being in combination with oxide of glyceryle. The amount of these free acids increases with the age of the oil, and its fusing point rises at the same time. Pe- louze and Boiulet found i of its weight in fresh palm oil } in such as melted at 31* (88° I-.), and in a specimen which fused at 36° (96^° F.), Jths of its weight. Stenhouse found the fusing point of very old palm oil to be at 37^ (99° F.). The researches of Freroy, and the other chemists named above, have shown, that this vegetable fat contains free oleic acid, a peculiar fatty acid, palmitic acid (Cj^H^ Oj + Aq.), also in the free state, freehydratcd oxide of glyceryle, arKl a small quantity of uQ^mi/iiie (palmitale, of oxide of Klvcerjie—C^ HjjOj-fCjH^Ot). The latter can be obtained as a white wax-like mass, by pressing palm oil in large quantities at a temperature of from 10° lo 12° (50°— 54° F.), and a second time at about 24' (75° F.): * The am* mad u tuu bMn found in JKpnne^ wks (r. p. 133). t The recrarcbM ot Kelenbicher upon Aciolcinr, (^^H^O,) timd en nhmr. (hut liy. dni(«il fixMf ot fftjrofiryie. wUwit i% iin\mnte\y rrlatvd tu the fcTnirr, mux b» ooiiniliirMi M 3 C,H^O+4 H,0 uiAUxdof CfHi^Oj+HsM-hii^hiJitheoontiiiatioDunMllj'RwptMliL BLEACHING OP PALK I I it is ihen usrd for prcparine a kind of stearine candles, whilst the fluid yellow oil is saponified. This separation is, however, seldom eflecfed beffHT saponification. The cause of the rapid decora posit ion (becoming rancid) of palm oil, a decomposition which occurs so much more readily in this than in the other oils, has not been salUfactorily explained. It is remarknbte also, that the (]uantity of the bydrated oxide of glvcervle ditaitiishes, in consequence of this rancidity, in Ten' old palm oil. Bleaching of Palm OH. — The yellowish-red coloring; matter of palra oil is not destroyed by the process of saponification, so tliat the soap prepared from cnidc palm oil, assumes a yellow color. If the oil \r previously bleached, however, it loses the greater part of its color, and a while sonp is obtained. The bleaching of palm oil is, there- fore, a matter of importance to the soap boiler, and can be effected in a variety of ways with very different results. Up to this lime, the coloring matter has been destroyed by the action of chlorine, oxygen, powerful acids, or lastly, by heat and light. Danidson's proces.s consists in melting the palm oil in an iron ves- sel lined with lead, with the addition of from 6 to U per cent, of chloride of lime previously stirred up with 12 parts of water. When the ineredienis have been thoroughly mixed, and the whole has become cold. It is cut into small pieces, and exposed to the air for two or three weeks. The chlorine liberated from the chloride of lime by Uie carbonic acid of the almosphiTe, then gradually bleaches the oil. Tlie Ume 18 separated from the oil at the expiration of this time, by melt- ing it with dilute sulphuric acid, until the sulphateof lime is deposited at the bottom of the vessel, and the oil swims on the surface of the liquid. The sulphuric acid evolves the remainder of the chlorine, and completes the procoss of bleaching. The same result is obtained, when chlorine is evolved in contact with the melted oil by the agency of manganese, common salt, and sulphuric acid. The only objection to the use of chlorine is, that it attacks the oil itself at a high tempe- rature, decomposing the palmitic acid with ease, and itself taking the place of the hydrogen of the acid. All excess of chlorine, there- fore, which can never be avoided, impairs the quality of the fat. When palm oil is melted over a dilute .solution of nitric acid, or a weak solution of saltpetre, and sulphuric acid is slowly added, the oil is rapidly bleached, but not in a permanent manner; for when mixed siibsci^ucntly with the lye in the boiling pan, the color again appears. The coloring matter of palm oil is destroyed by sulphuric acid, added in the proportion of 4 per cent, to the melting oil, jusl as the mucus was <le8lroyed by the same agent in rape-seed oil. The use of oxygen for bleaching, derived from sulphuric acid and manganese, was nrst introduced by Micbaelis. He mixes palm oil ' It appMir* from (be cxperimvnta of Schwinz. Uint pAlmltki add, wlilcti mrlu ■! Hfi { 140' P.), i» oiDvencd, on eipoaure U> \ht », at n lemi>mliiTe o( 3&(r° lo 300° (514° Ui M'V v.), wiili liie imtiluineoii« ronnitunn of cartmnio U'jil and watpr, into > TMW nad, ilid palmiumic, which fuses at &3" (137° F.). and that Uie latter aciil i( ttt- qnmiljr Ihr (ubstMiiov cxintaiiieJ in ihe cAndlo* picparad Troin paim mii—JinnaJm <ia Chmit wtd Fliormaat, U. &8. 392 BceAcniito OP palm oil. with Y'a'h >f 6nely powderetf manganese, adds lo the mixture \ its Weight of boilin-! water, atid with constant figitation slowly pours concentrated sulphuric acid to the ainotmt of j'j of the weidit of the oil upon the mixture; the mass is then allowed to cool. The solidi- fled fat is of 11 greenish hue, but becomes white in a short time by the action of air and light. Zi«r first observed that palm oif slowly poured over a heated iron plate, absorbs oxygen from the air with the evoliilicm of an acid va- por, and becomes converted into a clear colorless fat. In England, this observation has been applied upon a large scale. At first, the crude palm oil was heated, 40 or 60 cwts. at a lime, in cast-iron boilers, lo the high temperature of 232° C. (450° F.) But before the whole mass could attain this temperature, the bottom of the boiler was often healed lo 300° C. (672° F.), giving rise to an intolerable smell from the evolution of vapors blackening and charring the oil, and not unfreipienlly causing explosions. As soon, however, as it was di.scovored thai the decomposilion of the coloring mailer began at a temperature of IIC^ C. [230° K.), the decolorizalion has been carried on at that temperature, although with a greater expenditure of time. When the melted oil has attained ] 10° (230° F.) over the open fire, the heat is kept up bj' the introduction of a current of hich pressure steara (15 lbs. pressure to the square inch) during the whole operation, and the decomposition is promoted by constant stirring. For the decoIoHzatioa of 4 tons of palm-oil, ten hours ai required. tier's obserration has been carried into practice in the followinj manner with great advantage. The appa- 'ip* '•^•''- ratus consists of a large steam-pipe open at ^j over which the bung-hole of the cask is inverted, and as the oil melts, it runs out into Ihe cibtern lif where any sediment is allowed to deposit. It is then syphoned off into another cisteru C, where it is kept ia a liquid state by the steam-pipe D. The melted oil Is pumped into the cisterns EK, hy the pumps FF. The bottoms of these cisterns are pierced with a number of small boles, through which the oil Sows down the»huns6'/V,iri a shower of small streams^ as shown at J!, into the cistern C, at LL. The oil is pumped up again, and heated iu ihe manner described uniil perfectly free from color. The pumps are enclosed in a copper pipe, as shown at A, between which and the shaA of the pump, a jet of steam is ad- mitted at L. The whole apparatus is constructed copper, as tin will not resist the action of the acid in Ihe palm oil. i: I. lie' i'Lb_ BLCACHIIVO OP PALM OIL. 393 ■ The cost of this metliod is very small, being only the wear and tear and ihe rxpenBe of the fuel for raising ihf steam. Far more advantageotis, and, indeed, the very best plan, is that in vhicb the action of air and tight is associated with ihat of beat. With this object in view, several very large square or flaf boxes, or cisterns are prepared, which may either be conslruclt-d simply of wood, and are still better when lined wiih lead. These boxes are M inches deep, and are furni'^hed at the bottom with a sprprnlinc leaden Tube, in eon- neclion with a steam boiler. Into these cisterns, which may be freely exposed lo the air, or at all events must he so situated as lo admit of the free access of air and light, after they hare been filled to the height of 8 inches with water, palm oil is introduced in sufficient quantity to form a layer of two inches after being melted by the admission of the steam. The current of stcatn roust be regulated and conducted, so as to afTonl a uniform tetnpcralnre of 212°. At the expiration of ten or fifteen hours Ihc decolorizatinn is finished ; the Icnglh of time re- quired depending very much upon the power of the sun's ravs. Pnyen found ihar (he decolorizalion was not impeded byrovering the cisterns with glazed frames, but in such a maimer that the air continued to have free access. It is probable that palm oil might be bleached with great advantage by the tropical sun of Africa, before its importation into Europe. A slight yellowish hue cannot be removed from Ihe oil even by the most perfect proccBs of bleaching, which, on cooling, gives it a dirty -nhite appearance ; this, bowex'er, is no longer percep- tible in Ihe .wap. The mrisi complete, most rapid, but at the same time the most costly method of decolorizalion is that introduced by Walt, who uses bichromate of potash, and strong mineral acids. Watt's process is, therefore, an oxidation of the coloring matter by chromic acid. The process begins by tnelting the palm oil, and iillowtngit lo stand, when It deposits the suspended impurities mechanically. The clear oil is drawn ofl'inio wooden vessels, mixed with a concentrated solution of 25 lbs. bifhromale of potash, S lbs. oil of vitriol, and about 50 lbs. of strong muriatic acid to the ton of oil, and the whole is well stirred together. Instead of muriatic acid, common salt, with an appropriate Bodilton to the quantity of sulphuric acid may be used. In a few minutes, the mass haviug' been well stirred, the light green iippear- ance of the oil, and tlie rising of a thick sltiim lo Ihe surface iuilirate the completion of the process. It can easily be seen by the color of specimens allowed to cool, whether a sufficient quantity of the bleach- ing materials has been used. The chemical decomposition attending this process of bleaching is easily understood. The sulphuric acid combineii with Ihe potash, and liberates the chromic acid, which, parting with the half of its ojtygen to destroy ihe coloring matter, be- comes converted into oxide of chromium. The muriatic acid forms a soiuhle compound with this green oxide, chloride of chromium. The bleachrd oil has now to be separated from the aqueous snbilioD of chloride of chromium (and of siiljdiateof soila, when i-ommonsall was used). This separates as the heavier liquid, upon which the oil 394 OIL OP ILLIPA— CALAK BUTTER— COCOA-NUT OIL. swims, when the vrnrm mixture is allowed lo stand quietly for balf- an hour. The fat collected from the surfnce is then washed in a second vessel with water made to boil by a curreot of steam. The process of bleaching the above quantity) 20 cwts,, is finished in not more than five minutes. It woulrl be quite superfluous to bleach palm oil by so costly a process when it has to be usimI as an addition to rosin soap, which already possesses a yellow color. The cost of the process can ooly be repaid, wben very white soap is required. The cost of bleaching by Walt's method is estimated to be as fol- lows. About k a ton is operated upon at a lime, and the temperature of the oil is maintained at about 100" F. HawrSala oo«t, Ai EciKlitli jiijon, s. d. 10 lbs. bichromate potash . 6 8 10 ' common sah ... 0 0 15 " oil vitriol .... 1 7 A I Aiiwiicmn priou, 8y.3^.-S2.00. 4.2e-$8.52perton. Or about $4.00 per ton. Oil of Ulipa. — Ulipa oil {lllipay and Ellipe oil) very much resem- bles palm oil, both as regards its origin anil nature, but it is much less licDown in commerce. Il is said to be obtained by pre.ssurt; from the fruii of a tree that grows on the coast of Coromandel and Bengsl, vhich the natives call Maliwah or Mawy, and which is considered by the botanists, Roxburg and Hamilton, to be the Bassia latifoUa, a species belonging to the family of the iMpoteft. (Order Sopotncftt, Lind.) The Iruil has the Ibrm of a lengthened olive. A sin^^le Mak- wah tree, though growing in the most sterile mountainous districts, is said to produce 2 tons of fruit, aHbrding 60 lbs. of oil yearly. Ac- cording to Hear}', the oil is not exiracled by pressing, but by boiling with water. It is of a light greenish yellow color, nas an aromatic smell, resembling olive oil or cocoa butler, and is solid at moderate temperatures, its melting point being Hi'^iS" (72° — 73JJ° F.). At 28° (82^" F.}, it forms a lemon yellow liquid, from which reddish brown flocks like tannin are deposited. In alcohol it is but slightly soluble. Its taste is at Brsi mild, becoming gradually more and more acrid, from rancidity, tu which it is very subject. Pelouze and Boudet found this fat to consist of oleine ami stearine. Galam Butter. — Galam butter, also the produce of a species of Bassin, but indigenous to the interior of Africa, is so similar to palm oil* that it is oltea confounded with it. It has a greater resemblance, however, to tallow, and is more solid than Ulipa oil, its smell and taste are not so piquant, and it possesses a dirty yellow color. It forms a permanently turbid oil when melted. As Ihtf product of ran- cidity, Galaui butter contains free acid, aniL free oxide of glyceryli>. Cocoa-nut (HI. — More important ihan ihe two vegetable fats just described ts the so-called cocoa-nut oil or cocoa-btitter, a white rancid fat, as it is imported, of the consistence of hogs'-lard, but lamellar in OLEIC ACID. 396 I 1?x(nre, and possessing a disagreeable smell. It is extracted, accord- ing to existing statements, from the kernels of the cocoa palni,{CocM nucifera and butyrarea), either by pressure or by boiling. Thi.^ palm is indigenous to the two Indian peninsulas, viz., the coasts, chiefly, of Malabar and Bengal, as well as lo Cevlnn, (he Maldives, and Siam; it has also been found in the Brazils. The kernels of the cocoa palra, called Copperah in commerce, are now found in commerce, and the oil is extracted by the aid of heat, the kernels baring been previously ground or cut into small pieces. Tindall, in workiug upon 4'iO lbs. of copperah in portions of 7 lbs. each, obtained different kinds of oil by pressing the fruit in sacks and mats made of the cocoa-nut iibre, e»ery rise of temperature causing the melting point of the extracted oil lo be raised. The whole having been divided into five portions, each of which was treated at a higher temperature than the preceding, the following results were obtained : iMponion Utii llM.pKMeil Kin tempmaiurfi cf rrom 14* lo Ifi** C. (&7i* lo ttVfi P.) 2d " 13J " » ■ " I8» to la" C. (flft ID 67* F.) 3il - 21} " " " " 31* nJi'F-} 4lh ■ Snj - " " » asi » 30* C (Mi* 10 Sti* F.) aUi ■■ 91t " " " • 4010 41* a (104* to 106* p.) The cake which remained, weighed 1&5 lbs. ; the diSerence, 26\| lbs., was chiefly oil, which ran down the sides of the press, and was collected in a separate vessel. Thus, it appears, that the kernels con- lain 60 ])er cent, or more of oil, in all probability consisting of two varieties, a fluid and solid fat, which are distinct and separate in the seeds, but become mixed under the press, and so much the more, the higher the temperature is raised, so thnt fluid or solid fat, or such as possesses a medium consistence, maybe obtained at pleasure. In the above experiments, indeed, the first and second portions were quite liquid and transparent ; the ihinl was semi-transparent and milky ; the fourth, solid, and of a dirty white color ; the fifth was of a pure white ook)r, and very firm. The cocoa-nut oil that is prepared in Bengal, is saiid to he better than that from Ceylon. The melting point of the oommercial oil is about 20" (68'^ F.), which is probably the tempera- ture at which it was extracted. Petouze and Boudet considered the solid fat to contain Klaidic acid,* until Bnindes and Bromeis proved this substance to be a combination of a peculiar fatty acid, coooie or cocostearic acid (Cj^II^Oj) with oxide of glycerylc (Coclne). In the rancid oil of cocoa-nut, this acid is partly free, t. e-, in the form of b)-drate(C„H„0, + aq.). Oleic Jlcid. — The mixture of oleic acid with portions of stearic and margaric acids, which is obtained in the manufacture of stearic acid by pressure (p. 126), afibrdsan excellent soap, the production of which is generally a secondary process in stearic acid manufactories, am) is prepared so much the more readily, as the fat has not Brst to be de- compofled, but merely neutralized with alkali. * The add which ii fonned hy the aoiioa of niiroui ucU on tbv liquid fill oil. 396 RBSIN— LVE. Resin. — The t»n which is left after the distillation of ttirpealine, the origin Jind chemical properties of whifh have been described under the head of illuminating materials, (p. 129,) and which is generally known as colophony, is a no less important substance in the soap m»niifarturc than the foreign vegctahk- fats. Tallow, the olive, palm, and cocoa-nut oil$, oleic acid and resin are used for the production of hard soaps; train oil> and the seed oils, on the contrary, for soft soaps. The Lye. — The alkalies, as well as the fals, constitute one the crude materials employed In the soap manufacture, and ttie former are of importance in a double point of view; firstly, as they themselves fonn constituents of the soap, and secondly, as they are the chemical agenia concrrned in the decompositionof the fats, which must always precede the actual production of soap. Commerce merely supplies the WMpj^M boiler with ashes, potu^heK and soda, in which the alkalies are con-^^f tained as carbonates. In this state of combinatiou, neither pota^ nor soda is able to effect that M-hich the soap boiler requires; his object cannot be attained by means of the sails, but only by the hydrates of potash and soda, and these are always employed in solu- tions of variable slrenglfa, and known as lye or caustic It/e. One of the most important operations of the soap boiler, is that of rendering the alkalies caustic, {i. e., the conversion of the carbonates of the alkalies into hydrates,) and it is effected by means of slaked lime or hydrate of lime. By a simple process of substitution, the carbonic acid combines with llie lime, whilst the alkali assumes its v,ater of hydration, and becomes thus converted intn a compound possessing the most powerful chemical activity, which no substances of organic origin can withstand, and by which many others are decomposed. This it is, which is meant to be expressed by the term " caustic." It has been observed, that very concentrated caustic lye will decompose carbonate of Htne, combining itself with the acid, so that hydrate ot' lime and carbonate of the alkali are produced, or just the very oppo- site to lliat whirh it is the object of the niHuufacltirer to abiain.4^^\| Hence, it is explained, why carbonate of potash dissolved in 4 part»^^V of water ts not at all affected by lime, is but slightly acted upon when dissolved io & to 8 parts of water, and is only rendered completely caustic when dissolved in more than 10 parts of water. The bet4 and most speedy method of obtaining caustic lye, is by slaking Si parts of burnt lime in 6 parts of hut water (converting it into hydrate), and adding it gradually to a boiling solution of 3 parts carbonate of potash in 12 parts of water. When the fluid, which has become clear by the subsidence of the carbonate of lime, no longer effervesces with acids, nor renders lime water turbid, we have proof that all the car- bonic acid has entered into combination with the lime, and that the lye has been rendered perfectly caustic. It is necessary to use only half as much water with carbonate of soda, which is made caustic ■ Tlipn uv tome few ezc«[)tio&9 ro this seoirral tale, wliicli will bt menuonad in the •e<iud. SOAP BOILtNQ— TITK LVB. 397 b with ereater ease. Carbansteit of the alkalies can even be rendere<l caustic in the cold, by means of lime; but more lime must then be employed, vith weaker soltiiions of the carbonates, and the action must be idlowed to coDlinue for a longer time. In this manner, lyes of a certain strength, only indicating from 10^ to 12° B. can be ob- tained, but vriih le!c« expenditure of fue). The loss of time is of no moment, as the substances can be left to themstdveH, and require no attention. According to iheorr, 100 parts of carbonate of potash afaould require 53 parts, and the same quantity of carbonate of soda, 40.5 parts of burnt lime; yet it is advisable, in practice, (o use 50 parts for soda, BO to SO parts for potnsh, and for asb, from 8 to 10 parts of lime. At present the soap boilers always produce caustic lye in the latter manner, by digestion in the cold, partly because strong lyes cannot he used in the ordinary method of boiling, partly bccHUse ash was orieinally the only source of alkali, (at least in northern countries) — which, when treated with boiling water, would impart too lar^ a pro- portion of foreign salts to the lye — and lastly, because they are accus- tomed to the process of boiling with lye prepared in the cold. The manipulations are the following. In purchasing and collecting ashes, the great object is to obtain pure wood ashes without any mixture of peat ash, which not only contains no carbonated alkali, but is injurious from the large amnunt of gypsum which frequently accompanies it. This substoncc ex- changes its acid for lliat of the parbnnale of the alkali, so that carbon- ate of lime is produced, and sulphatr of potash, which is usel^'ss in the preparation of lye. It has been found, that many kinds of peat ash will, in this manner, spoil three times iheir weight of wood ashes. In all common ashes there are portions of unbiirnt charcoal and wood, which would impart coloring and empyreumatic substances to the lye, and must consequently be separated by a sieve. The sifted ash is moistened upon a smooth stone floor with water, or weak lye ; it is then well raked about, and allowed to remain until all parts of the ash are thoronghly soaked. The heap is. then hollowed out in the middle, so as to form a pit. In (his pit the lime is slaked, and when it has fallen to pieces, is rorered from all sides with ash, and after- wards both ash and time are well mingled together. For lixiviating the mixture, wooden, or better, cast-iron casks, with false bottoms, pierced with holes, and covered with straw, are used, and these are furnished with a stop-cock, as ts represented in Fig. 125. In these ath-tuha the ingredients are mixed as thoroughly as possible by a stir- ring rod; the mixture is then covered with straw, brushwood, or baiucet-work, and as much water as Is necessary to induce the action of the lime, is added. The cock is first left open, that the air may easily escape from the interstices, and water (or weak lye) is poured rery gradually over Ihe ash, that it may slowly sink down. As soon as the lye threatens to flow out from the cock, the latter must be closed, and the rest of the lye poured in. The action is now allowed to go on for 24 hours, and' the lye is then drawn oti'; the strongest lye tlows Si 398 BOAP SOILING— THB LTE. out first, contninin^ potash to the amount of 20° or 25° B.; a set lixirialion aflbrds lye with iP lo 10^ B. of potash, and a third yields weak lye, indicating 3 to 4° B. The fnllowiog portions are very weak lyes, and are employed as the first addition to a fresh quantity of ash. The treatment of potashes is more simple, and consists in sddinj wnter to the mixture of dry {wtash and slaked lime in the ash-tuba The ingredients are more easily and better mix(.HJ in the dry state.' Tbe lye is frequcDtly not so clear on being drawn off, as in the former case; and llie lime is apt to pa$s througci the straw and the piercetl bottom. For this reason, potashes are often worked together with wood ashes, by which means the evil is aroided. Both may be mixed with the lime, or the ashes only, and then the potashes should occupy the highest place in the a$h>tnbs, or may be dissolved in the lixiviating water. The soda-salt is treated in the same manner, but never with an addition of ashes. It is best to spread it above and upon the lime in the ash -111 h. It is not conTcnicnt to render .solutions of potash, or soda, caustic, by Btirring them together with milk of lime; forlbt* carbonate of lime, -which is in a state of extreme division, is very long in settling down from the liquid. The production of lye from ashes is becoming less frequent in the soap manufactories, as the scarcicy of wood increases, and as soda is more guncrally introduced. The production of lye from soda by UmI- ing, in which case very little foreign matter has to be removed, is certainly a gain to the soap manufacturer, inasmuch as he can obtain at once strong lye, which is now so frequently needed — for insUncer in the saponincation of cocoa-nut oil — without being obliged to con- centrate weak lyes by evaporation. It is not advisable to employ cr^slaliited, or even crude soda for ihe production of lye, as needless expense is incurred in carriage, and (hese contain but a small amount of soda; besides which, the latter is always more or less contaminated with sidphuret of sodium, and this has to be removed by artificial means. A serious objection to the preparation of lye in the cold, is the uncertainty attending the action of the Hrae, which cannot be ascertained previously, nor can Ihe quantity added be subsequently increased or diminished at plea- sure. Thus an excess of lime has sometimes to be remedied, and at other times too little lime is employed. The first evil is corrected without any great difficulty; but when the lye passes through in the stale of carbonate, there is no other alternative than lo pour it again through the lime. The caustic lye of the soap boiler, obtained from ashes or patashes, , contains some sulphate of potash, a good deal of chlorid^e of polat sium, and some silicic acid in solution, which latter precipitates iai combination with the lime on boiling, but not in the cold. Sodfi,\| particularly that obtained from marine plants, imparts common salt and sulphuret of sodium to the lye. In preparing lye in the cold, SOAP— TESTING TBB LYB. 399 hydrate of lime is found in solulion, particularly in weak lyes, aiid this, not vriihstan ding Its slight degree of solubilily, g^g lo ^]^(, of the water, is, nevertheless, of some moment, in consequence of the ]arg;e quantity of water used, as it destroys, on boiling, a portion of the soap, converting it into insoluble Lime soap. Lastly, it must not be overluoWt-d that caustic lye, at the boiling temperature, particularly when conrcntrated, nltarks and dissolves iron. Testing the Lye. — The soap-boiler is only in a position lo judge his process correctly and proceed with safely, when, during the lixivia- tion in the ash-tubs, and whilst boiling the fat, he is enHhIcd at any moment to ascertain accurately the strength of his lye. He uses for this purpose, a rather precarious but easily luanaged instrument, Beaume's hydrometer {in other parts Stoppani's, and in France flay- LttSEac's hydrometer is used). In this inKtrument (that which is used for liquids heavier than water) the space between the point to which the instrument sinks in pure water — the zero point, and the point to which it sinks in a snlulion of I part r.ommon salt, in 9 parts of water, is divided into 10 equal parts, or degrees. This graduation is carried on throughout the whole length of the spindle, 'ilie indi- cations of such an hydrometer are in no Icind of connection with the chemical nature of the fluid ; and as the graduation is perfectly arbi- trary, nothing more can be established by the instrument than a oom- parison of the densities of different liquids. When, therefore, the l^drometer sinks to the same depth in syrup of sugar, and in a caus- tic lye, no other conclusion can be deduced from the observation, than that both fluids are of like density. But as the correspondence has already been established between the degrees of Beaume's hydrome- ter and the specific gravities, and it is also known what proportions of potash and soda correspond to the specific gravities of different solutions, the hydrometer may be used, with the aid of tables, as a. means of ascertaining the amount of altcati present. A lye of 18° B., for instance, has a specific gravity = 1.KJ8, which is equivalent to 15 per cent, of potash, or t'2.S per cent, of soda, always supposing the lye to contain no other matters, or salts, which also influence the hydrometer. This, however, is never the case with soap boilers' lye, 90 that the indications of Beaume's hydrometer are mere approxima- tions, with reference to the amount of alkali, or are nitogether falla- cious. Nevertheless, they are useful to the practitioner in a variety of ways, and are, indeed, indispensable. In the first place, he can easily follow with this instrument, the diminishing strength of the liquid flowing from the ash-tubs, and form a just estimate of its value, when, at ^e same time, a test with acid proves the absence of carbonic acid. Itut even in the process of soap boiling itself, the test of the l^e afibrded by the hydrometer, combined wilh the personal expe- nence of the workman, is a clue by which he is enabled to judge whether the proper strength has been attained, knowing, as he does, what degree the hydrometer ought to indicate from any particular soda or potash-lye, for any particular purpose. The buoyant power of the lye was the okl-fasbioned and errvaevue teirt: in applying 400 THEORY or TUB PORMATIOK OF SOAP. thiSf it was ascifftained whetht-r an cg^, or a piece of hard wap, would swim on the surface of the lye and not sink, for which a cer- tain deosil; was of course necessar). Thus the respective densities of diSerent Ives could never be ascertained, but only whether a certain lye bad attained that particular density. In other words, weak lyes ooiiLd never be examined upon this principle. Theory «/" the formation of Soap. — A clear idea of the fonnatioQi^M of soap, and a correct explanation of this remarkable process, can^^H only be obtained from a thorough knowledfre of the constitucnrs of the fats, as well as of their mode of combiuaiioa. The (juestion re- specting the theory of soa]> fonnation, unJ the question concerning the constitution of the fats, have reference, therefore, to one and (he same thing. All that we know concerning these bodies at present, has been furnii>hed by the extensive and exemplary researches of Cherreut, dating from the year I8t3 to 1823, the results of which were published by the Author in his " Recherches Chimiques snr ht corps graSf Wc, Paris, 1823." More recent researches upon this subject have seldotm found anything to correct, but have adduced new facts, and given rise to explanations of those already known, which are more in accordance with the advanced state of science. These rcsearchtrs, conjointly, have proved that the fats, such an tallow, lard, olive oil, &.c., are mixtures of two kinds of matters, which, taken singly, possesses all the properties of the fats themselves. They are chielly diiilitiguished from each other, by their stale of aggrega- tion at ordinary temperatures. Those which appear solid and hard have been called slearine byCbevreul; the fluid kinds he termed oUine. The consistence of a fat, therefore, depends upon the pre- dominance of one or other of these constituents ; so that the fluidity of the oils is due to a preponderance of oleine, the solidity of the va- rieties of tallow, to that of stearine or margarine. Pelouze and Bou- del have observed, that (he oleine from olive oil, hazel-nut oil, human and swine fat, is very dilTcrent in solubility, and in its action with nitrous acid, to ihc oleine from linseed oil, nut, poppy, bcmp-.seed oil, and cocoa<butter. There are, consequently, several distinct sub- stances included under the collective name of oleine, which, in the above-mentioned fats, hold margarine and stearine in solution. The same chemists have shown that Ihuse substances which were supposed to be different varieties of margarine and stearine, are rather combi- natiuna in deOuite proportions of oleine with margarine and stearine, as in the butter of cocoa and in olive oil. With reference to the re- cently examined fats of the cocoa-nut and the palm, it has already been staled, that the varieties of stearine which Ihey contain in con- sequence of a diiVerence in their chemical con.stitution, have been called cocine and palmtiine respectively. These proximate principles, stearine, margarine, and oleine, which, either merely commingled, or in chemical combination, cousiitiiie the fats, are considered as true salts, or as combinations of a base with an acid, and this view has been arrived at by the appearances ob- served during llieir decompositiou, and the similarity of (heir beha- I THKOIIT OP THE PORH&TTOIf DT fOAf. 401 I vior to other well-known combinalions. The base is the same in the greater number of the fats; il is the oxide of a compound radical, glycerjle (C,H,p, or 2 C,H,0+3 H,0), the acids in combination with it, however, are of various kinds. Oxide of glyceryle is a sub- stance soluble in water; it ts colorless, and has a sweet taste, (sweet principle of oils,) and possesses none of the properties of the fals^ which are, on the contrary, retained by the fio-calted fatty acids. These bodies are fluid at common temperatures, when derived from a fluid constituent, (for instattce, oleine,) but are solid, when obtaineit from a solid ingredient, (as stearine.) Thus oxide of giyceryle, in combioatioD with stearic acid, forms stearine; with margaric acid, margarine; uith oleic acid, the oleine of olive oil; with palmitic acid, palmittne ; with cocosiearic acid, cocine, &.C., combinations, which have always the characters of a fat, but not those of oxide of glyce> ryle. The basic metallic oxides, the earths, &c., speedily decompose these compounds in the presence of water, uniting with the acid, whilst the oxide of giyceryle dissolves in the water. The salt pro- duced by the union of the fatty acid with the metallic oxide, is a soap in the extended scientific signification of the word. When a natural fat is Irealpd in the same manner, the same decomposition of its con- stituents occurs as if they had been taken separately; the same num- ber of salts of the metallic oxide are produced, as there are fatty acids present, and these together form a mixture. A mixture of this kind is obtained on a large scale, when fats are treated with potash or soda (or lime], and this is then called soap in a limited practical sense of the word. The process concerned in the sapooificalton of a fat is, therefore, the following: Befon Aflu Olein«, siMtiae, tec DMOfnpMtikm. f Fnltjr BciiU . . Soip. ( OziHc t}( t\f<xry\v -^^^j^-^ Xrtnllic oxide ■ -^^.^^ Wnler . . . —ilk HjrdnUM) oxide aTgljmtYla U')"^- rinv). When, therefore, olive oil is boiled sufficiently long with water and oxide of lead, a lead-soap is obtained, lead'piasler, which is inso- luble in water, and swims upon the surface of a solution of glycerine in water. Indeed, the existence of glycerine was first observed in preparing this plaster, as no other substance soluble in water occurs in the process to mask its presence. Some of the fatty acids are volatile, as was observed by Cbevreul in the case of butter and train oil. Such acids are the cause of smelt in soitie kinds of soap, for, during the gradual decomposition of the salts, the acids arc volatilized. The same chemist has proved, that the formation of soap is entirely independent of the access of air, and that the weight of the products of saponification always slightly exceeds that of the fat employed. Thus, he obtained from 100 parts: 2i* ^ffttfRTRi nrarTORMATION or rae Marine acid Oleic acid Glycerine Stmno. 78.0 18.4 8.5 • > Oleiflv. 20.08 75.M 9.80 104.9 105.80 This Increase of 4.9 and 6.8 per cent, traced back to the element- ary constituents of the products of saponification, is found to be oity- gen and hjdrojfen in the same proportions as those in which they com- bine to form water. In fact, the fatty acids and nside of glyceiyle which are anhydrous in the fats, are obtained after decomposition in the state of hydrates. In palm oil and cocoa-butter, the fatty acids have separated In great part from the oxide of elyreryle during the processor aiiontaneoiis decoin\|)osiiion (in becoming rancid); the sa- ponification nas, therefore, in this case obtained a start, and the alka- lies are not obliged, in the first instance, to decompose a combina- tion of oxide of glyceryle, but have simply to enter into combination with the existing free acids to form soap. The small proportion of undecomposed palmitine and cocine is all that rcmain.s to be decom- posed hy the alkali. Thus, it is easily explained why the saponifica- tion of palm and cocoa fat is so much more rapid than is ibe case with tbe greater number of the other fats. Resia (colophony), on the contrary, is very differently affected, inasmuch as its constitution is very different to that of the fats. Commercial colophony is a mixture of a large quantity of pinic acid with a Htlle sylvic and colophonic acids, (compare p. 129,) a mixture, which, from the nature of its in- gredients, possesses the properties of a weak acid. In this case, therefore, no real saponification ensues, but the alkali is simply satu- rated with the resinous acids, and a substance obtained, which, in a commercial point of view, is equivalent to soap. The production of this substance is still simpler and easier than the saponification of the acid vegetable fats. Thus far in speaking of alkalies, reference has been made only to caustic soda and potasli. It is, however, well known, that soap can be prepared with the carbonates, and even with the bicarbonatea of the alkalies; but the process is then so tedious and imperfect, that it is never practised on a large scale. A solution of carbonate of pot- ash, when boiled with fat, parts with one-half of its potash to form soap, whilst the other half becomes bicarbonate. The decomposition of this latter oontioues, with the e^tylution of carbonic acid, as long as the boiling lasts, provided sufficient fat is present ; but the process is so tardy, that a perfect soap is hardly attainable in this manner. For saponifying (saturating) resins upon a large scale, the carbonate of the alkali is quite as applicable as caustic lye. Ad excess of alkali is requisite for saponification, and is so much the more willingly employed, as it can be removed again without dif- ficulty. It must not be supposed, that the production of soap is a momentary process, or that it can be done with the same exactness ■ lOK or SOAP. M I I I and rapidity as the decomposition of an ordinary salt. On the con- trary, the production of soap passed through a number of stages, and these occupy a considernble length of time, from the first mixing of the fat with the alkali — when a milky turbid mixture (emulsion) is produced — to the formatiou of soup ready for use, or to that puiut when the whole of the alUali is saturated with fatly acid. Acid salts are first produced with the fatty acids, and these hold the remainder of the fat in a state of solution and divi<>ion, until it also is enabled to combine with alkali, and transform the acid into neutral salts, or into soap ready for use. This reaction may easily be observed if th«> fat is boiled with one<half llie requisite quantify of alkali; the whole of the oil is at length dissolved, but the solution becomes troubled on cooling, and when diluted with water and boiled, unsaponitied fat separates, aiul this had only been retained in the fluid by the stearate (margarate) of the alkali that had been formed. From what has been stated, it appears that ordinary soap is a mix- ture of the compounds of the fatty and resinous acids with potash or soda. The choice of the base is, however, by no means a mailer of indifference. The jwtash soaps are of that nature, vvhirh in ordinary faltB is termed deliquescent, i. e., they do not dry up when expoited in solution to the air, but retain so much water as will form with them a soA slimy jelly. On the other hand, artificially dried potash •oaps absorb a large quantity of moisture, and become converted into a floft jelly. 'Iliis kind of soap is called "so/i soap'''' by the soap boiler, in contradi^tincliun to the soda soap, or "hard soap.^ The latter neither holds back so much water, nor does it absorb so much 9S to render it soft, but hardens when exposed to the air, and with a oertaia amount of water forms a perfectly solid mass, in which it is difficult to make impressions with the finger. The deliquescence of the former kind of soap is derived from the stearate, margarote and oleate of potash, whilst the properties of the latter ore due to the cor- responding salts of soda.' Kesin, in combination with either soda or potash, forms by itself a soft soap. Sof> soap is made from train oil and the drying vegetable oils; hard soap from the vegetable fats and oils which do not dry, or from tallow. Every kind of .soap found io commerce contains a variable quantity of water depending upon the State of humidity of the air; pari of this is in chemical combinalioDf but by far the greater portion is only imbibed from the atmosphere. Hard soap becomes harder by drying, so that at last it can be pul- verized. Potash-soap decoraposea the sails of soda, e. g. common salt or sulphate of soda; the potash, or the stronger base, unites with the more powerful (mineral] acid, and the fatty acid combines with the soda. There result, therefore, chloride of potassium, or sulphate of potash, and a soda-soap. It is, indeed, in this indirect manner, that hard (soda) soap is fabricated in Germany. The action of sol- * KMI pniti of ()tf olealenr polanh abMrb Iran th« ftir IBS \|Mrti>(if wnWt. If* " ■* mnnpimio - « » 50 - " iOO •' " •l«ami« ■' - ■' lU " " 100 •• - (tMMM of Mda • " T} ■- " vents upon soap is panJculnrly interesting, and of the greatest import- ance in the dilTereDt purposes for which it is employed. In alcohol and hot water, soap is pcrrectlv soltilile. Tlie aqueotiH solalion is more thick!)' ^uid and slimy tnan the alcoholic solution, but both solidify to a jelly at a certain stage of concentration; opodeldoc is soap mixed with alcohol in this stare of concentration. It has con- stantly been found that potash-soap is more readily soluble in water than soda-soap. This can be better seen with the salts of the pure fatty acids than with soap. Stearate of soda undergoes hardly any change when brought together with ID parts of water, whilst stearate of potash is coni'erted by it into a thick jdly. Oleate of soda is so- luble in 10 parts of water, oleate of potash in 4 pails, and forms a jelly even with 2 [larls of water ; tnargaratc of potash is converted by 10 parts of water into a transparent stitTjelly. Krom this, it will also be seen that the salts of oleic acid are more soluble than those of stearic (or margaric) acid with the same base, so that the softness or hardness of soap is not solely dependent upon the base that is U8e<l, but also upon the relative quantities of oleic and stearic acid which it contains. The fats mentioned as serving for the production of soft soap, are remarkable for the large proportion of oleic acid (oleioe) whieh they contain. Cold water never dissolves the oleate, margarale, or stearate of an alkali — the soap of commerce, therefore — without decomposition. The neutral salts are resolved into alkali which dissolves, and into an acid salt that IS precipitated. The same decomposition occurs, when hot solutions of soap — particularly weak solutions — are cooled. Chevreul investigated this decomposition, in the case of stearate of potash, with the greatest accuracy, and the results of his examination are well suited to illustrate the action of soaps in general. When a solu- tion of neutral stearate of potash (St -i- 2 KaO) is cooled, ith of its potash remains in solution, and a mixture of neutral with acid stearate of potash is separated. If the same salt is allowed to dissolve in 6000 parts of cold water, the acid stearate (St, KaO) is alone pre- cipitated, in the form of scales, possessing the lustre of mother-of- pearl, and the half of the potash remains in solution, for — From We obnin 1 «q. neutnl MA* f 1 e<1. ■waric wad mie or poiuh } 1 t^. pcriwh . . o( potuh* . . Ulll I nq. wwrki I ei}. poiMib. I vi^. wEur. I »r]. hydnite of 5 ' e<l- poluh. poiaiti ... I I )<I' WMlmr. This behavior is common to the neutral margarates and oleates of potash and soda, and it explains why, in using soap, even with the ' Tlie acii] Mil ^ Si, KaO, Ai], M-hen wpnnted (torn tb« liquid, u agiin dNOmpoMd 'br lw\|r quBinlil]' (1000 pull) o{ Iwc, but oot of oold wntet, vrbttn 1 eq. neainl eiMrate of poUuh ^ iSi -\|- 9KaO, Bnd I eq. oT B ilill more acid salt i= zlsi -\|- KnO -4> 3 At). Kf« produccil freni crer^ 3 o]. of ibe ncid Mil ^ 3&t + 3 KaO and water TH£OnY OP THE FORMATION OV SOAP. 405 I I purest water, a whitish turhidness — aoap-suilM — is fllw&ys ohtninad ; the alicaline jiropcrly of soap>suds, is sou-ly due to th« liberation of a portioB of caustic potash or soda* aad ttiisit islhat ailordsCheposaibiiily of remoring fatty impurities in water, 'which is the sole object of iug with soap. ■ ery kind of soap, when U leaves the pan, and is afterwards sold, IS a more or less concentrated wdulioii of soap in water, which, when it has cooled, and becoiuc firui, should b(r subjecl to the same pheno- mena of decomposition. In fact, common so.ip shows a number of extremely slender crystaline fibres, but slightly transparent, and having a silky lustre^ which are surrounded by a more translucent matrix. The physical reaction of soaps with diSerent saline solutions, as that of common salt, carbonate of soda, the correb7)onJing potash compounds, sal ammoniac, &c., is of the utmost importance to the aoap-bculer, because, although it may not be instrumental in the form* ation, it is very much concerned in the separation of the foreign mat* ters tbat render hard soap impure, and is also influential in imparting to it the proper amount of water. In practice, a soluiion of common aali is always employed for this purpose. When soap, cut up into small pieces, is placed In a solution of com- mon salt, saturated at the ordinar)' temperature, tio action whatever takes place. The pieces of soap, far from being dissolved or softened, swim on the surface of the solution without even being wetted by it; the solution of salt Hows from their surface as oil from ice. Even after long immersion, no other result enjtues than would occur if the soap were plunged into mercury; instead of soflcnine, its hardness is rather increased. If the solution of salt is boiled, the soap is soft- ened by the heat, and assumes the form of a gelatinous, or, rather, thick and doughy mass, which is equally insoluble in the saline so- lution, keeping perfectly distinct from it, or, at most, sfeparating into flocks that swim upon (he surface. These flocks harden whi^n taken out, and cool down to hard soap. If (he solution of salt is not saturated, but diluted to a certain extent, the soap and salt coutend for the water after such a fashion, tbat neither posiiively gets possession of it. The water is partly imbibed by the soap, but a part remains with the salt, so that a solution of soap is seen .su'iinminf; upon the saline solution, which is now saturated, without mixing wii}i ii or dissolving, but still forming a distinct laver. It is only when the salt in solution is below ihe ,^5 of the liquid, that the soap is not prevented by it from dis- aolring. If a solution of thiii kind is boiled for a length of time, the following appearances will be observed as the water gnidually evapo- rates: The duid, when steadily boiled, assumes, in the beginning, a thin, frothy character. The mass of soap and the froth become gradually thicker, until, on allowing a &»mple to run down the stirring rod, it is observed, by the manner of its descent, that the solution of soap, although slill very soft and liquid, is nevertheless separated from ihe saline solution. At this period uf the process, the solution of salt is 406 THEORY OP THB FORMATtON OP SOAP. SO far concentrated, Ili»t the soap cannot remain any longer dissolved. It can easily be observed in u'tial manner the stirring rod is wetted by a liquid (solution of salt), above, or on Ilie surface of which, the solution of soap slides down in flat lumps or floras, without attaching itself, or partially sticking to the nni. From this time, the solution of soap becomes constantly thicker, for the solution of salt lakes water from it, in proportion as its own water is diminished by eva[K>ration. The solution of salt collects more and more in the lower part of the vessel; the soap swimming on the top boils, Hnd throws u\|) larger and larger froth- bubbles, until it becomes, at length, so lough and thick, as to obstruct the passage of the vapors arising from below. The surface now splits up into several Belds, separated from each other by deep furrows; these have not the fresh and soft appearance of the frolh m the furrows, but present the appearance of dry slabs, which, being forced from side to side by the escaping vapor, slowly arrange themselves one above the other. The escape of the vapor soon becomes so retarded by the thick mass, that it forces its way, as it were, througb craters, and gives rise (particularly in covered boil- ers) to a peculiar sound {Pjtifen). At length, the period arrives when the attraction of the soap to the remainder of Ihe water is w great, Ihat il compli-tely resi.iis every endeavor of the salt to remove tt. Soap and salt, therefore, balance each other with reference to j their affinity for water. This state is attained when the soap, wbichtf\| previous lo this, was always covered with froth and bubbles, suddenly ^ sinks, and the froth breaks up into roundish massive grains, distinctly separated from each other, and from the saline solution. In Ibis stale, the mass no longer rises, even when a greater amount of beat is ap- plied ; but the saline solution i.s thrown up from lime to time wilb much force from below, breaking through the granular mass (curt/) on the surface, and then sinking down again. If soap is taken out dur- ing the boiling ]irocess, and allowed In cool, it solidifies lo a more or less firm mass, depending upon the quantity of water it has retained; when it is removed in the granular state, it has the consistence and hardness of commercial soap. Soap that contains a larger amount of water than curd soap, is called "watered^' when water or weak lye is added, and mixed with the curd in the boiler itself, or when the curd is treated subsequently with water whilst still in contact with the brine. It is called, ou the contrary, "jJWcti" when the water is added and slirrcd into the curd after its removal from the boiler, and immediately before it soUdiJies. All varieties of soap are nut se\|^riited with the same ease from Ihetr solutions by means of salt. Thus, soap made from cocoa-nut oil requires a much larger quantity of salt to separate it from solution than soap made from tallow; the former being soluble in saline solu- tions, in which the latter is perfectly insoluble. Resin soap is aflected by common salt, in the same manner as the soaps from I'al. Thp«f t^nn^ tMltnd luiil jUlrd, tu ■pplied to nmp, will, rirrbnpf, »ppvmt ttnnc« K> tW V.t<ji\Mt )in»(i lioilcr. Uitt it i" nbvious UtKt Ihry both kfip'y ■'> Kxip fatrrtd in « \|Mni' culnf H)ann«r,Kni] Tgr trhicb lliat« vo no oorraponiling tocfanicK) tcnn>iii<NiT tonpwup. THEORY OF THE FORMATIOX OF SOAP. 407 I I The same results as those oblaineJ by the use of cominoD salt are also produced, although in a less energetic manner, by chloride of potas^um (which acts hut slightly), cnrbonates of the alkalies, sul- phate of soda (also very weak in its action), acetate of potash, »nd sal ammoniac. In weak caustic lye, soap is perfectly soluble ; id strong lye, on the contrary, or when the concentration of tliu lye is increased by boilin)», the soap separates in the same manner as from a solution of common salt. For this reason, the soap-boilers are in Ihtt habit of using weak lye, particularly in the beginning of tLeir operations, as stronger lye, in separating the sonp, would prevent the necessary amount of contact amongst the ingredients, and rerymuch retard the process of saponiBcation. As glycerine has no kind of resemblance to soap, a; regards its reaction with saline solutions and caustic lye, but dissolves m Iheui all with perfect ease, the use of cnminon salt afibrds a ready means of separating This and other foreign matters from the soap. It is perfectly impossible, during the preparation of soap, to avoid entirely the presence of the panh.s ami metallie oxides. These, con- sequently, always decompose a small portion of the soap, combining with the fatly acid which they take from the alkali. Portions of lime and magnesia constantly accompany the caustic lye, and are brought with it into the boiling pan, and the sides of this vessel are always flulfiriemly acted upon to impart a visible trace of iron or copper to the soap. The soaps formed with lime, magnesia, iron, and copper, ate not soluble, and they are much less rapidly softened by heat than the corresponding alkaline compounds. They are disseminated, however, in such a minute stale of division throughout the mass of hot soap, as amounts almost to solution. As the soaps of iron and copper possess the colors peculiar to the salts of those metals, the whole mass of soap acquires by their presence a iinilorra greenish or blue color. This color is partly caused by the sulphur contained in the lye, (particularly in soda lye,) forming sulphuret of iron or cop- per. When a soap of this kind is allowed to cool rapidly, the cut surface presents a uniformly colored appearance, something like wet slate. If the mass, however, cools slowly, the soaps of the earths and metallic osddes separate from the great hulk, and collect into larger or smaller groups in different parts with a certain degree of regularity, living a marbled or mottled appearance to the cut surface. Colored reins are then seen disseminated over a white ground; these numerous and smalt when the soap is quickly cooled, and larger " farther apart when the cooling is less rapid. The soap assumes the appearance of granite when it has been very rapidly cooled. Sulphuret of iron is the chief coloring matter of the veins; and when this is present, the speedy disappearance of the blue color, ou ex- posure to the air, is explained by the oxidation of the sulphuret of 'in, and nothing is left but the mldish yellow color of the real iron ip. It is obvious, that the substances which impart Ihc mottled "appearance to soHp, are only held in suspension in consequence of its thick state of fluidity. If the mottled appearance is to be entirely 408 SOAP BOILING— MARSCILLG8 SOAP. 'M removed, and white soup produced, it is necessary to add a quantity of waler, that those substances may be enabled lo subside whilst the 6onp is slill in a perfectly liquid state in the boiling-pan. This ad- ditional quaDtity of water is not again separated, but is sold with the eoap. This is the reason why so much importance is attached in commerce to the mottled appearance of the soap; a.i it is a sure indi- cation to the consumer, thst ihe amount of water in the soap cannot extend beyuntl a certain limit, which is very much exceeded in white soap. It must, however, be borne in mind, that methods have lately been discovered of imparting any kind of mottled appearance to soap containing much more water than ordinary curd soap, by mixing mineral colors with it when it has attained a certain stage of bark- ening. It is self-evident, that mottling can only be applicable (o bard, and Dever to soft soap. Process of Soap Boiling. — The use which has been praclically made of the foregoing principles in the manufacture of the most im- portant kinds of soap will now be seen from a series of examples. Marseiites, {Ven/liav,) qt Olive Oil Soap. — The saponification of olive oil by means of caustic soda, formj) an extensive and flourishing branch of industry in the southern countries of Europe (in the south i^ France, north Italy), and on Ihe northern coasts of Africa; in those parls, therefore, where the olive-tree is a native of Ihe soil. With re- ference to the oil itself, therelaltveralueof the ditferent kinds depends upon their amount of color, and of the fatty substance recognized by Pelouze and Boudet, as a combination of oleine and stearine. The value of the oil increases with its want of color, and with the quantity of slearine which it contains; it is in proportion, therefore, lo the facilily with which it becomes solid in the cold. The oils of Provence rank first for excellence. The finest salad oil is too costly for the manufacture of soap, but the oil obtained by the second pressing is peculinrly adapted for this purpose, on account of its cheapness and^^ larger amount of stearine. Sometimes a small quantity of seed oil i^^\| added to it, that the soap may acquire a somewhat sitiiet consistence.^^ The lyes prepared by lime from soda are of three different strengths; the strongest lye is indicated by 20"^ to 2b°, the lye of middle strengUi by 10° to 15°, and the weakest by 4° to 5° of the hydrometer. AD three are preserved separately in walled cisterns. Formerly, when saponification was carried on only with natural soda ash, the chloride of sodium contained in the a^ was also dissolved in the lye; bat as the presence of Ibis salt is very objectionable in the first stage of the boiling process, and is only necessary in the subsequent additions of lye, an evil is incurred by employing it, which is not the case when^M artificial soda is used. Pure soda is, tber«fore, taken for the first lye,^^ and, afterwards, soda containing chloride of sodium, which is espe- cially prepared for this purpose (see p. 273). The quantity of soap which is made at once, is technically termed a "boUf and the operation is commenced in two boilers, and finished to one only. The plan of tbe apparatus may be seen in Fig. 154, PRODUCTIOK OF OLIVS OIL SOAP. 409 ie bottom nnd lower part of iHr boiling-pan Jl is of cast iron nr copper. The sidei are composed of brick-work erected and Itneii Fig. IM. cement (morlar resisting the actioD of water). This upper part bhbb, vhich never comes into contact with the fire, and ts intended to afford space for the soap to rise, expands in the form of a cone. The fire-place /■ is separated from the ash-pit A by the grate a. The fire, after havinif heated the bottom of the pan, passes by the flue 2" XX, half round the side of the pan into the chimney E. This is ac- cessible for the purpose of cleaning- by the door P; the soot is thrown into the pit k. A tube with a cock leads from the lowest part of the pen> for the removal of the (under) lye. The whole of the pan is sunk ]Qto the floor of the boiling-house, which is made of planks, stone, or iron plate, in ^uch a manner that the brick-work of the upper part projects to about .1 feet above the floor. The pans or boilers are calculated lo contain 240 cwts. of aoap. fTbe upper part is frequently constructed of mere staves, without ' any bottom, and these are fixed, water-tight, into the rim of the boiler. Fig. 165. This ar- rangement is quite as con- Fig. 55. Ten lent, and much cheaper. Sometimes a sjphnn is intro- duced bctweenihe bottom and the upper part, instead of the cock and tube y. The plan of Surrounding the pan with an external cnsing, and using the intermediate space for the purpose of applying steam neat, has been abandoned, as it is preferred to run some risk of burning rather than forego the advantage of tur- 2k 410 PRODUCTION OF OLIVE OIL SO&I>. bulent ebulliiion. This latter is valuable froro its mechanical a^nc] and answers the purpose of a slirriog apparatus; h can ooiy be eflcctcd by ail open fire. ^_ A boil which comprises generally 120^ 140 to 160 cwts. of oi\|^\| passes through three stages: the preliminary boiling {empatage), th^^ cutiing; up the pan (t. e., the addition of saline tye, ^elarg^lge), and the clear boiling (cor/irtti), io which, for mottled soap, the marbling or mottling process {madrage) must be added. For the preliminar}- boiliug, a lye of from 8° to 11° is used, and this is prepared in the boiler by mixing together veaker and stronger lye, free from common salt. As soon as it has attained the boiling point, the whole of the oil is admitted at once, and combination is accelerated by stirring. A dirty whitish mass, like an emulsion, is R reduced ; if this appear too thin, which results from an excess of je, more oil is added; if, on the contrary, oil is seen floating on the surface, there is then need of more lye. In a short time, the tem- perature, which had been lowered by the addition of cold oil, again rises, and the mass begins to boil steadily, becoming thicker and thicker as the water gradually evaporates. This first action of the oil and alkali can only take place rapidly and completely, when the soap remains dissolved in the lye. An excess of lye of 8° to 11° may, however, produce a contrary eflect ; it then becomes necessary to add an extra quantity of weak lye, and stir until no further sepa- ration is visible. During this preliminary boiling, the mass of soap, inasmuch as it is dissolved in the lye, comes into immediate contact with the sides and bottom of the metallic vessel. Hence, when the whole has acquired a thicker consistence, a portion frequently attaches itself to the bottom of the vessel, becomes overheated and burns. This burning is indicated by a black smoke (called by the I^ven- jales, tabacn), which passes off here and there with the vapor, and is a sign to reduce the fire as quickly as possible, and prevent the evil from increasing by adding some gallons of the strongest lye. By this means a slight separation of the soap from the lye is occasioned, and the contact between the former and the metallic surface destroyed. In the ordinary process, when such interruptions do not occur, the soap boils steadily, throwing up froth as high as the breasl of the boiling-pan. Towards the end, the proper quantilv (6 to 8 Jbs.) of green vitriol is added, for the purpose of mottling, this is immediately precipitated by the lye, partly as sulphuret of iron, and partly as iron- soap. As soon as the mass of soap has become perfectly UDiform, and has acquired the proper consistence, i. e. is no longer like an emulsion, but has acquired more completely, though not entirely, the nature of soap, the fire is extinguished, and the salting process be^H gins. V The lye which has been added up to this period relinqui-shes the whole of its alkali to the oil, and remains merely as water, of which B small portion only is evaporated in the pan. If the stronger lye were added at once, it would become instantly diluted by the excess of water, and the object which it is intended to serve would be de- PRODUCTION OP OLIVE OIL SOAP. 411 I I fealeil. This water must, therefore, be got rid of, not. however, by boiling, but by means of common salt, or rather by the lye contain- ing common ^t already spolcen of. Whilst one workman pours this gradually into the boiler, another is occupied iii stirring the twu tho- roughly together, until the soap — -having* brcome inso]ul)lc in the so- lution of salt — begins to congeal, and separate in flocks. In the rourse of three hours, the soap has so tar separiited that ibe ]><: be- low it {under-tye) may be drawn off. The r[naniity drawn off must amount to double that of the saline lye employed. The soap is now all scooped into one pan to under^ the clarifviog process, and soap and lye are allowed to boil with only just sumcient common salt to keep the soap perfectly distinct, as, if this were not done, the thick mass would certainly attach itself to the vessel. When the fire has again burnt up, about 320 gallons of a mixture of pure and saline lye of from 18^ to 20° are added, and the boiling is continued. The workmen keep the boil constantly stirred, particularly the surface, partly to hasten the combination of the caustic soda, and pnrlly to prevent the liquid from boiling over. During the preliminary boiling, the caustic soda combines rapidly with the fal, (the soap is then said to eat well,') and this is also the case in the first period of the clari- fying process, but the nearer the process approncnes to a close, the more difficult it becomes to incorporate the last delicient portions of soda with the &oap. The further assumption of aoda h now chiefly dependent u(>on the state of coni"eniration of the lye (solution of salt) in the pan; if this is too concentrated, the soap becomes too dense and dry. To establish the proper relationship between the water in the soap and that of the lye, it is necessary that the amount of salt in the boiler should not exceed a certain limit. When, therefore, the caustic soda of the lye has been incorporated with the soap, or when the lye appears no longer caustic, and produces no burning sensation on the tongue, that which is in the lower part of the pan is drawn off, and is replaced br a fresh \|)or1ion, about 275 gallons — of (he same mixture of lye. The future stages of the process consist in four, five, or six repetitions of the same operation,* during which the soap ac- quires greater consistence, and the iilkalinity nt the lye is each time less easily destroyed. At length, the lye rt^tains its entire alkalinity, and the soap, now near its completion and highest consistence, begins to boil in jerks, and not smoothly and steadily as before. The frothy mass begins to form itself into granules, the soap takes the form of cord, and the clarifying process is finished. The curd, when pressed against the flat part of the hand, should form a firm, granular, Crumbly mass. The smell of oil is now no longer perceptible. Ac- cording to the nature of the oil, and the f-late of (be weather, the fire is kept np 10, 12, or IS hours after the addition of the last portton of lye, ami is then extinguished. * If \yp could bo prociiml quiiio fm tnax soiTiinon «lt. vh'xU li ntvcr the eum, dutro wMilil bo m> Titrnl or Jrau'in\|[ ii tiff, nrul the bciilin^ miglit Iw complrleil widi onn ■oddinMmn qunniily of nnmmon mIi. Tho ly« »« if i# itriuslly tinpkiyMl, Itowew, jml^piilD niw lbs iDUKini of oonunon isle id an itguiioas uwdl 412 SOAP BOILING. Instead of boiling the lye and tallow, or oils, in an open vessel; which is attended with much waste, in consequence of the diflficully of combining the whole of the ingredients with each other, Davis has patented a process for performing this operation in a close boiler under pressure. The boiler is furnished with a luan-hole door A (Pig. 156), safety-valve if, and all the ordinary appendages of such an ap- rig. 166. ptntus, with a therraometer plunged in a mercury chamber C D IS the feed-pipe, £ the discharge -pipe, and Fthc pan, or frame, for the reception of the soap ; G G G shows the 6re-place and tlura for I beating the boiler. The valve is pressed until Ihe temperature in the boiler rises to 310° I',, and the boiling is complete in about an^i hour alter the heat has attained the above degree. ^^M On the other hDnd, Mr. llawes, the great gonp'roanufacturer c^^ London, has patented a process for effeciing the saponification by mechanical means, without boiling, whereby he saves fuel, aud obtains a more boncficial result than by the usual method of boiling. The process consists in melting a certain quantity of tallow, mixing with. it sufficient alkaline lye by mechanical means, so an to saturate com- I pletely the tallow. He employs about 20 gallons of a lye of 1.125 i 8p. gr., for every 100 pounds of tallow. The apparatus (Fig. 157) consists of an upright shaft .?, from which the arms a a a a radiate to the sides of the kettle B, or a cylinder may be employed with a shaft C passing through it horizontally, from which arms c c c c radiate in the same manner. .A.n oscillating, or rotary motion is communicated \o these shafts in the ordinary manner. A cylinder, 6 , ft. diameter and 12 ft. long, is ailnpled for working 2^ tons of tallow. Convenient doors, I) D, are attached for changing and emptying the , cylinder. The container is charged with the tallow first, and trie lyt SOAP BOILINO. 413 F«. 157. <^ aAcPA-anls gradually added, while the agitation is continued for about thrve bourSf and the whole is Obeo alloweil to stand for some ■iimc, raiying according Id ^he quaDlHjortaatertaU em- ployed. As the benefit of the pro- cess arises mainly from ihe sapoDificuiion of the luale- ^rials in n romparatirelj cold Bstate, the contents of the ket- "lle, or cylinder, an soon as they have thicken?d, are re- moved into 3D ordinary boil- er, preparatory to their be- ing finished, and courerled into yellow or white soaps, as the case may be. In coDsequeoce of the iron and sulphur in the soda, and the green titnol whtcli was added, the curd has a ani- form slate-color, produced bj the sulpburet of iron andiron soap. These substances must not, however, remain uni- l^fomily disseminated ttmiu^r-h ■the mass, but must be dlfliis- ^ed 85 Veins, in order to give the mottled appearance to ihe soap. But the proper consislence, which haa been somewhat exceeded, must tir^it be imparted to the curd, and this is dependent upon the strength of the under lye. With this object in view, tlie contents of the pan are left at rest for ^ an hour, until the uodcr-lye has collected, and this is then drawn off. A tedious opera- tion now begins: some workmen mount upon boards laid across the pfliis,axKl work the mass about with rakes, whilst others, at measured uhtiTBls, sprinkle (he surface with weak lye. The motion of the atinvrs roust be carried on in such a manner ax to bring the lower Hft« of the curd to the top, partly, that all portions may be equally mpregoated with lye, and partly to mingle the colored parts, which have diieily coUectett at the bottom during standing, with the rest of the mass. During this 0)>eration the roundish grains open, and unite to form a uniform, coitnectt-d, tough mass. As soon as the boiler perceives that the proper consistence has been obtained, which very mnch depends u\|raii the strength of the lye worked in, he has the DiHf Kooped into the moulds, where, in eight or ten days, (with the above quantity,} it cools down to mottled soap. Exposed to the air, Ihe color nf the inultling changes, becomes clearer, sti Ihat the reddish Itnl, called majiteau IsabdU, is diffused over the bluish mottled mass. 2k" > 4U OLD GERMAN PROCESS FOR CURED SOAP. A layer of lye is always found at the bottom of the mould when the soap hns cooled. These moulds consist of wooden l>ojres with movable sides, which can be wedged togelher or separalal at plea- sure. The cold soap is cut into square bare before it is sold. A cording to Potttei, 100 pnrts of otire oil proiluce on an Average 155 to 158 parts of soap. The process of cutting soap is shown in Fig. IDo Fig. 16S. In the preparation o( white soap the same process is followed to tbd beginning, with the exception of the addition of green vitriol, which is of course omitted. Towards tbe end, however, certain deviations are necessary, with the view of separating by subsidence the iron compounds which may have been forme<l, and the impurities. This is done by soAening and liquefying the finished soap, by the addition of lye and heat to such an exlent, that the superior gravity of the iron compounds may enable Ihem to sink below ihe lighter mass of soap. After standing for a MifTirient length of time, the soap is pure^ and of the ordinary yellowish white color; the precaution is, however, taken of pouring il through sieves into the mould, to keep back an casual impurities. Ai^er the removal of the while map, there always a residue of dark colored soap left behind. This amountji to Jth of the whole mass, and it may be used for the purpose o( mottling. It is evident, that the French oil-soap belongs to that class of soaps which are always brought into the mould with a greater portion of water than is necessarily present in the curd. In mottled oil-soapf this excess of water is reduced within certain limiia, which cannot be exceeded without causing the separation of the mottling. In white oil snap, on the contrary, the quantity of water is left entirely to Ihe option of the boiler; he can incorporate as much water with tbe soap as il will bear without impairing its firmness. < Curd Soap from Tallow^ German, upon the old Plan. — The original German process, of preparing bard (soda) wap from tallow it into esting and remarkable, because, by the use of certain ingenious con trirances — derived from very ancient experience, which have been OI m M OLD GERMAN PROCESS FOR CURED SOAP. 416 I I I I coD6rnied, approved, and explained by modera theory — it enables us to obtain an exceedingly pure and perfectly bard curd sonp from a verj impure material, viz.: from crude tallow, and the lye of ashes, or frDin potash lye. An imperfect potash-soap is first prepared, which, in the subsequent boiling, is converted into soda-soap; (bis is supplied at the same time with an excess of alkali, and the neutral soda-soap produced, is then boiled down to curd. The indications of progressing saponification, through all the grades of the process, are so distinct, that nobody ever entertained a thought in the Brst instance of working witb weighed quantities. Alt that vas necessary was to add more lye or more fat, according to the appearance of a specimen, until the proper state had been attained. The ashes are treated witli lime exactly in the manner stated above, and as much tallow is a<hled as the saponifying tub is thought capable of converting into soap; the boiling is begun with lye of iO°. The melted tallow immediately forms a kind of milk with the Ive, in which the constituents, although not by any means in complete chemi- cal union, are, nevertheless, in such a state of combination, that they cannot be distinguished Irom each other. On continued boiling, this mass becomes more and more translucent, clearer, and more thickly fluid, and the fire must consequently be regulated with cure to avoid burning. When iini»hed, the result is a very uniform, slightly colored, clear transparent solution of potash-soap in the water of th(^ lye (or in weak lye, when ihe whole of the potash is not in combination), and has altogether the appearance of a thick syrup. It is obvious, that this transparency cannot be brought about, as long as there is unsaponiBed fat present; this it is which, swimming about in smalt globules, gires the mixture the appearance of milk. This turbid appearance is a sure indication that more lye is requi^te, and that the boiling must be continued, but it is always belter to dissolve a few drops of the mix- ture io pure rain-water, that no deception may occur. It is just pos- sible, thai the turbid appearance might arise from an excess of Ive, or, as it is technically termed, from the soap being overdone. The water dilutes the lye, and the real nature of Ihe soap then becomes apparent. If the lye contains free lime, the turbid appearance may arise from that cause, but it should then disappear on the addition of a Utile carbonated alkali. When, therefore, the milky nature of the solution continues atter this addition, there is certainly a want of alkali, and the boiling must be continued. The lye employed for this purpose is much weaker than that used at first. When the solution has become sufficiently clear, and flows from the spatula in a thick continuous stream, (not in drops.) which can be wound round it like treacle, and solidifies to a thick jelly when thrown upon a cold stone, the salting process begins, i. e., salt is thrown into the pan (previous solution being unnecessary,) and is allowed to boil with the solution of soap until it is dissolved, and begins to act upon it. The soap having become insoluble in the solution of salt, coagu- 416 SOAP BDiLiKG— Salting pAOCE»a. lales into a whitish mass consisting of small flocks, and on beiog removftl from the pan, allows ihc moiher liquor to run ofT from the interstices, AAer remaining at rest for some time, (be under-lje sub< sides, and can be drawn off from the pan. If the pan has do exit lubt anil stop-cock, as is the case in (be German soap works, the soap is scooped in ibe meantime into the conlxng cistern, and the umJf r-Iye can then be removed. The process of Kalling answers several purposes. In the first place* it effpct-s ft chemical decomposition of the soap, for potash-soap and chloride of sodium rant uallj decompose each other, and produce soda- soap and chloride of potassium. This, together with the excess of common salt, causes the separation of the soda<soap, and the forma- tion of the under-lye. In Ibis separation, the excess of lye, the foreign salts in the ash, and the impurities — chielly those produced by the action of the lye upon the meuibrauous pails of the crude tallow — are all taken up by the under-lye. The salting process is, as it -were, a means of washing the soap, and enables us to obtain it quite clean, although the crude materials used in its production were not so. Attention has already been called to the fact, that asheii — in conse- quence of the foreign salts which they contain — do not afford strong lye ; indeed, the lye obtained from them is so dilute, that hardly any pan would be large enough to contain the whole quantity of fluid neccssoryto supply the amount of potash required to saponify an ordi- nary charge of fat. Another important function, therefore, devolves upon the salting process, that of separating from the soap the excess of water, which would otherwi.^c render the later additions of lye in- efficient, (as was the case in the preparation of oil-soap.) It is also worthy of notice, that many soap-boilers make the addition of salt long before the potash-soap is completely formed. Although the soap is not spoilt by this mode of proceeding, inatimucb as it must alwavs be subsequently boiled with alkali, and therefore has an opportunity of making up the deficient quantity; yet, it is not advantageous, tor this reason, that an im]verfect soap is not completely decomposed by the addition of salt, but remains viscid, and retains the under-tje in great part, which is quite opposed to the object in view. When the under-lye has subinded sufficiently, the coagulated soap is aeaiu brought into the clean p»n, and boiled with an atldttion of wealc lye. After some time, it re-dissolves completely in this weak lye, forming a solution as at first, with this difference only, that it now chiefly consists of soda soap. At the same time, more potash enters into combination, assisted by the riscid nature of the mixture, and this is promoted by an addition of lye from time to time. Lye is constanlly added in this manner, until the soap is gradually saturated with alkali. Before this point is attained, the process must be often repeated ; and, indeed, the number of repetitions must increase with the impurity of the ingredients, and the dilute nature of the lye. Formerly, when crude tallow was commonly used, five repetitions of the procesawere hardly sufficient; under other circumstances, it maybe flnished in SOAP BOILIKG— GERMAN PSOCESS. 417 it The boilings subsequent to the ^rst, are performed precisely id the siime manner, only less salt is required at each repetition, as there is naturall}- less potash-soap to be decomposed at the cod than at the beginning. When the last portion of water has been added, which may be the second or sixth portion, accordtng^ to circumstances, or when the soap has become sufficiently firm and pure, it is ihen boiled clear, i. t. boiled until it has acquired the proper proportion of waler. The same phenomena then occur as those already described, the solution of salt becomes more and more concentrated by boiling, and extracts ih water from the soap. This first boils soniy, throws uj) froth to a con- siderable height in small bubbles, until, at length, the frothy stirfnce ibrms large brilliant bubbles, and the peculiar sound is produced under the boarded covering of the pan. Lascly, when the froth sinks down, atHi the curd itself boils in jerks, when, on appt)ing the thumb-test, a connected, flexible, shining thread is produced, which is neither brittle nor slimy, when the lye has entirely lost its burning, alkaline taste, or nearly so, the fire is then extinguished, and the soap is skimmed off frora the under-lye into the coolers." From thence the liquid mass is transferred to the mould, over the bottom of which a linen cloth is spread, that the lye may more easily drain away. To enable the curd to fonn a connected mass of soap, and promote the •eparation of the lye, it is necessary to stir the soap with an iron rod efore it completely solidifies. By performing this operation with a certain degree of regularity, the mottling, which ensues spontaneously in the German soap without any additional help, assumes the desired appearance. The moulds should be so constructed as to aiTord, at the same time, a space sutTiciently chMed from which no soap ''K- "• can escape, and yet be easily taken to pieces, as U the case with the moulds commonly used in Ger- many, Figs. 159, 160, 161 and 162. The bottom a a, seen at full breadth in Fig. 161, and in longitudinal section in Fig. l&i^ is con- structed of two layers of planks. In (he upper one there are four grooves A A, into which the projecti<ins in the sides fit. The two narrow sides are also supported on the inside by the cross pieces c c. All the sides k In thn <itintmn (mp-wmhs, llm pan b« wliluni Kn ex)i-fii\|t« tat drawing olT iIm when itii* hiu ti> be r«iti(>v«il. iti? tc^p i( toxipMl Trom ib« p«n into ■ tmmI bf ■kle t>( ii— till? cwln — until the pan ii empii«>L Tbii cooler it pheed In raoh % manMr neat the pwi, iltU any taap wlikb mar l»l ^^ct shall (nil iuu it, wad not u\|wii 418 80AP BOiLrNG— <:erman process. Tig. lei. ^ Fig. 162. «re strengthened by the supports d d. When all the parts are pat together, the bolts e e, having screws at the other end, have only to be inserted through the ^V' iw, projecting parts of the tl •/ longer sides, and made fast by the nuts yy at the ends, to rf>rm the whole into a solid box. A cloth spread over the bottoms, prevents any soap from passing the holes g g, through which the lye drains oK The German soap- boilers also, call (he crystaline matter, which sejiaratf s in the mottling process from the amor- phous matrix, curd and jHux, terms which are often confounded with each other, the one call- ing curd what the o(h calls nux, aiKl vtce versa. The process which has here been described for preparing tallow- curd-soap, is technically called, J<n7i»i^ ybr Htm, inasmuch as the mass is always completely dissolved before the sail is added. There is one advantage in this plan, that the action of Ihc lye is rery much facilitated, but it is also attended by a great evij, t. e., the sosp easily burns, and becomes discolored by the impurities in boiling, and ac- quires also a disagreeable odor. Tliis is obviated by many soap- boilers, who introduce a little sail with the lye, "boiling /or curd" in which case the soap never forms a viscid solution, but is always somewhat separated from the lye, (which should be thoroughly caus- tic,) and consequently does not burn or mix with the impurities. AVheo the soap boils too quietly, salt is added; when it boil:; in jt'rics, an ad- tlition of weak lye is made, Ibat the proper mean may be presened between the state of solution and complete separation by an excess of salt. The unmotlled clear-white soap, which is more generally used in some parts than mottled soap, is prepared upon the same general principles ; in&lead of removing the colored portion (the flux) by sub- sidence, as in France, white soap is fabricated in Germany by pre- Tenting the separation of the colored {lortions in veins and groups by a quicK process of cooling. This then remains disseminated through- out the mass of the soap, and gives it a gray tint. All additional matter, which is used to increase arliBcially the natural mottled ap- pearance, is here, of course, omitted. L^ COCOA.NUT 0[L SOAP. 419 According to direct experiment, 100 [bs, of tallow will produce 150 To 155 lbs. of perfect curU-sonp, weighed as soon as it is cut; aitd the reason why some soap-boilers obtain more, (somctimos as much as 2U0 Iba.,) is only because they an; forced to add water in onJer to compete with »ap of an inferior qnality. Real curd-soap is now seldom to be met witli, and what is sold as such is always more or less mixed with water. At present, the use of crude tallow ts aban- doned, as a useless retardation of the boiling process, and rendered, or purified tallow only is used. The membranous portions, which are converted into glue daring boiling, are decomposed by « portion of potash, and this portion is saved by the present plan. In the best manufactories, the nauseous odor is unknown which before infested the hoiling-house and its vici- nity, and was derived from the impurities of the tallow. Since the want of wood has become more perceptible, and pure wood ashes con- sequently more scarce, and since the manufacture of soda from com- mon salt has been so extensively carried on, and the foreign fats, palm and cocoa-nut cmI, have been introduced at prices often below that of tallow, the original plan of preparing snap from tallow and the lye of ashes has fallen into disuse, and threatens to become entirely forgotten. It will easily be understood, that it is a much safer process, and more rapidly completed, when the tallow is boiled with a lye prepared from potash, because there is then no necessity for making so weak a lye, and we are able to ascertain accurately the amount of alkali present, which, in the case of ashes, it is difficult to do, in conse- quence of the lai^e amount of foreign salts. Notwithstanding the price of pure potash is too high to admit of its being used alone, yet the addition of potash to a lye prepared from ash enables the soap- boiler to work larger quantities of tallow at a lime. The boiling is conducted precisely in the same manner as was the case with lye from ashes, only that it is unnecessary to add so many consecutive portions of salt. The boiling is condocted with still greater ease and rapidity when cowrie iye /rom soda-ask is employed ; from 8 to 10 cwls. of tallow can easily he converted by its means into soap upon the same water. Less common salt is likewise necessar}' in this case, partly because calcined soda genemlly contains some of this salt, and partly because the portion previously required for the decomposition of the potash- soap is now no longer needful. Another saving, not altogether incon- aiderable, is effected in consequence of the equivalent of soda being smaller than that of potash, 2 parts of hydrate of soda combining with the same amount of fatly acid as 3 parts of hydrate of potash. All soap prepared directly from soda lye (but not all that contains aoda) ts called in Germany soda-soap. The celebrated white or ^ Windsor soap of England belongs to this class, and is not unfrequentlj H made from soda obtained from the ashes of marine plants. H Cocoa-Tittf Oil Soap, — The consumption of cocoa-nut ml has in- H creased enormously since its Rrst introduction into Germany in the I * 420 COCOA-NCT OIL «OAP. year 1829 or 1830. Differing in origin and constitution from the otber oils and frora lallow, its reaction with saponifying agents is also quite peculiar. It has been found by experience, that the soap pre- par«! from this oil can only be separated from solution by very strong solutions of common salt. Weaker brine acts very imperfectly upon it, in fact, the soap is soluble in dilute brine.* As this kind of soap can only be obtained by the use of a very large quantity of commoii' salt, and then contains so very little water, or is so exceedingly hard! that it cannot be cut with a knife, this mode of proceeding cannot be had recourse to upon a large scale. For the same reasons, a clarify- ing process or boiling down to curd would be equally objectionabie, and very difficult. vVhilst tallow, for instance, when treated with very strong lye, comes to the surface and is but slightly acted upon, ex- actly the opposite occurs with cocoa-nut oil. It does not form that kind of milky mixture which generally indicates the commencement of sapo- niBcation, but swims as a clear fat upon the surface; when, by coo- tinued boiling, the lye has attained a certain degree of concent ratioo, saponification suddenly begins, and proceeds with extraordinary ra- pidity. For this reason the soap-boilers only employ the strongest soda lye, of at least 20^, ackd are able to dispense with the use of salt in purifying the soap, by employing pure and perfectly caustic lye, ana avoiding any excess as much as possible. Pure cocoa-nut oil soap hardens much too quickly to exhibit any distinct formation of cunl, and is consequently incapable of marbling of itself; it ts very white, translucent like alabaster, exceedingly light, and forms a good lather, but always possesses a disagreeable savor. No means nave as yet been made known to remove this smell, although, it appears, that several manufacturers are possessed of the secret. An import- ant property of cocoa-nut oil soap, is its power of combining with more water than can ever be communicated to tallow soap, and this properly of the soap frequently gives rise to, or encourages dishonest tramc. Cocoa-nut oil actually produces no greater quantity of soap than an equal weight of tallow ; but the soap from the former can easily be made to absorb \|rd more water or lye. Ordinary soap treated in the same manner, or containing the same quantity of water, would be so sofl, that it would yield easily to the pressure of the thumb; whilst cocoa-nut oil soap, on the contrary, neither exhibits any want of consistence or softness, nor does its appearance in any way indicate the fraudulent practice which hau been adopted in, its manufacture. It has been observed by sDap-botlers, and the remarkable fact is by no means satisfactorily explained, that cocoa-nut oil is saponi6ed with so much the more difficulty the more rancid it has become. In general, cocoa-nut oil is not saponified alone, but is emplored! as an addition (to tallow, &c.) for the purpose of producing quickly [ solidifying soaps containing a large proportion of water, which coold It b tiifllilj pn>bit>l« thai ronrinv tMp it prepwvd from tbu bL Ii ti a kind of •oap 10 be lued in wuhing vriih ma wnter, wbicti wtJI not duaolve ordiflaQr to&i'. PALM OIL BOAP— BOSIN SOAP. 431 not be obtttincd from tallow alone. It is even possible to prepare soap on a large scale in a few hours, without salt and almost without fire, by the use of cocoa-nut nil and tallow, which nre merely wanned together with strong Ire sufllirirntly to melt the fat, and kept in a constant slate of agitation. Soap prepared in this manner has a fair appearance, and sets in the mould, so that it can be cut ; it contains, howerer, nearly all the water of the lye (there being hardly any evaporation in (he pan) with Ihe entire amount of foreign salts, and in tb« fresh state has less resemblance to soap than to stifT dough, xrhich takes deep impressions of the thumb, and when squeezed be- tween the fingers has a slimy consistence. When dried for a length of lime, during which there is a copious pfflori?scence of foreign salts, it acquires at last the consistence of ordinary soap. The less cocoa-nut oil is used in the manufacture of soap, the more imperceptihle its smell becomes in tbe lather, but the boiling of the dwap soaps, which harden quickly, and which combine an excessive amount of water with the appearance of ordinary tallow soap, is ex- ceedingly difficult. When equal parts of cocoa-nut oil and tallow are used, the soap has the smell of common tallow soap. The boiling is continued until a specimen exhibits the proper consistence under the thumb. It would be impossible to saponify tallow under the same conditions, but the saponification begins with the cocoa-nut oil, which induces the action, and the saponificalion of the tallow is then pffecled by means of the presence of tbip cocoa-nut soap. The dilTerent kinds of cocoa-nut soap, which all belong to that class of soaps that contain a considerable quantity of water, are mar- bled artificially. Marbling or mottling of this kind is not dependent upon the production of Curd and #Yux, but is simply a mechanical enect carried out in the following manner. The blue or red color (bolus, &c.) is rubbed up with a residue of the soap, or better, with a senanitc portion of good cocoa-nut soap, until the whole acquires a uniform red or blue color. This is now scooped into the form in alternate layers with Ihe colorless soap, and by stirring the mass to- gether, streaks and veins are produced in all directions. It isevident, that this kind of mottling has nothing whatever to do with the natural mottling that occurs in the other kinds of soap. Paim oil .S'oi^.^This soap is boiled almost precisely in the same manner with caustic soda as tallow soap. It has an agreeable but powerful smell, and a yellow color when the oil was used in an un- bleached state, but is white, with a very slight odor, when the oil has been bleached. Palm oil is most frequently used as an addition Id the following kind of soap. Rosin Soap. — Colophony combines at the boiling temperature, when il is perfectly fluid, much more rapidly and with greater ease with the alkalies than (he fats themselves. This kind of combination, which can scarcely he called saponification, ensues equally welt with car- bonated as with caustic alkali, and no particular precautions are ne- cessary in conducting the process. The soap separates on the surface when an excess of carbonate is used, or in tae presence of common 2l 422 SOFT SOAP. salt, as a thick slimy brown mass, smelling strongly of rosin, and containinf; 15.8 per cent of dry soda. The amount of water in this soap, although not exceeding 27 — 30 per cent, is, nevertheless, suflS- cient to communicate to the soap a smeary, viscid consistence, which is not altered by long exposure to the atr. The attraction of the soap for water is so great, that it not only does not lose its water, but be- comes liquid on exposure alter having previously been dried artificially. A portion of the rosin, however, appears to remain dissolved in a modified state in the under-]ye, judging from the deep brown color of the latter. Although rosin soap by itself is thus un6tted for use, an excellent and perfectly firm product is obtained by its combination in certain proportions with tallow and palm oil soap. The amount of rosin in this mixture should not exceed ^d of the fat; if equal parts are used, the properties of the rosin soap become too prominent, and a snl^ biid map results. The best plan of preparing this soap, is to saponify the rosin and tallow separately, and to mix the two soaps in the boiler, where they are retained in a state of ebullilioD fur some lime until a uniform mixlure has been etTecle<l; salt is then added, and the soap brought into the moulds. It is not advisable to mix the separate soaps in the moulds, which is a plan sometimes adopted. In England nnd America, where rosin soap was first manufactured, it is usual to add the rosin in the form of coarse powder, with the last quantity of lye to the fatty (palm oil) soap; consequently, before the boiling is finished: and to boil the mixture with the necessanr addition of lye for completing the formation of the resinous conipounu. This point is attained when a cooled specimen presents the proper consistence, and leaves no film of rosin when used for washing the hands. The boiling finishes with the addition of some weak lye to the soap which has already separated from the under-lye ; this addition is made in order to facilitate the deposition of the impurities with which commercial colophony is always mixed; the soap is then care- fully fdled into the moulds. Rositi suap has a brownish color, which passes into that of yellow wax (yellow soap) when palm oil is used, ftnd this of course requires no previous mcaching. It is very firm, somewhat rough Co the touch, and veiy translucent ; it produces aa excellent lather, but always retains the smell of rosin. The low price of rosin renders this soap cheap, and for common washing pur- poses, where the smell is not an objection to it, it is a highly useful product.* Soft Soap. — The substance commonly called so(t soap is a more or less impure solution of potash oil soap in caustic lye, and not an actual soap; it forms at ordinary temperatures a transparent smeary jelly. If ail attempt were made to separate Ibis soap from the lye by means of salt, the potash soap would be converted into hard soda soHp by the chloride of sodium, and the object in view thus frustrated. Uecounte cannot consequently be had to a method of purification of this kind, * InpiBHd of laslii, nw lurpeudne, when aulficieniiy shMp, is nid ID tie nntetimM ac<\, with ihe lulvmiiUge of yielding a soAp oT Ughlei linl, but otherwiseof 'nry •utiibu clisiacwn to mnty nwin laapt.— Am. Kb. sorr SOAP. 4SB and to render nil purification less necessary, pure potash lye is em- ployed instead of the crude lye from aiJies ; this is kept ready, of dif- ferent strengths in separate cisterns. The weaker lye must be per- fectly caustic, hut this is neither necessary nor desirable in the stronger lye, vhicb is prepared in the cold. Soap-boilers hare found t>y experience, that the boitinf; is easier when these lyes are slightly carbonated. Amongst the oils employed are hemp, linseed, camelioR oil, and poppy oil, which belong to the class of drying oils, and do not become solid at 0" (32° F.); also the different varieties of rape- ceed and train oils, which do not dry up, and become partially solid at 0^ (32° F.). The former produce a softer kind of soap; the Inlter soap of finner con.sistcnce ; it is hence usual lo mix the oils in difTerent proportions, according to the season of the year, choosing the drying oils in the winter, and the others for the summer, when the market price admits of this selection being made. In boiling soft soap, the weaker lyes from 9° to 11° aire first used, and a moderate heat is applied and kept up until complete combina- tion is effected, t. e,, until a thick sticky duid falls in streaks from the stirrers; this ought to possess a shining appearance, and althoueb it may be somewhat turbid, should not resemble soap separated by means of salt. As soon as it clearly evinces these properties, the clarification com- mences vith the gradual addition of the stronger lye. This is kept up at e<}ual interrals, until the soap passes from the state of a turbid imperfect mixture to that of a clear transparent slime. \M»en this state of things is too tardy in makiDg its appearance, in consequence of too great dilution, the operation is assisted by an addition of rery strong Eye. The clarification completes the chemical combination of the constituents, which is indicated by a peculiar test ; but the soap still requires the proper proportion of water to render it saleable. The tests employed for ascertaining lhe«e points are very empirical in iheir naturu, but, nevertheless, Ihey are distinctly marked, and of quite a peculiar character. The soap-boiler is enabled to ascertain, by ihc presence and extent of turbidity in a cooled drop, whether chemical combination has been efiected, or what is the cause of failure. When a specimen free from scum is taken with a spoon from the middle of the soap-pan, and a drop of the size of a sixpenny-piece is allowed to fall and cool upon a piece of clean colorless glass, several cases may occur; the drop either remains perfectly clear, in which case the soap has attained the proper state of mixture ; or it exhibits on the margin only a gray rim, which indicates a want of lye, aikd this in prqiortioa to the breadth of the rim. If this deficiency is veiy great, the rim is not only exceedingly broad, but the specimen iisen is tliiid an<l slimy. The opposite must, of course, occur when the proper quantity of lye has been exceeded, and the soap is overdone. This is eaaly recog- mzed by the consistence, and by a gray skin, which spreads itself oter the whole drop instead of forming a ring or rim only. The soap is then granular without lustre, andis easdy detarhod in the wet state from tile glass, (it is technically said lo be vitreous'?) It is advisable 4U SOFT SOAP— LAMTNATIOIV. to follow the process closely, bj constantly Irving specimens from the period when the soap be^ns In boil dearly until the end of the pro- cess. The Idniinalion is the removal of the excess of water by eva- poration, for in this process, as tins been stated already, the use of salt for Ibat purpose is inadmissible. The soap is kept in a frothy state by increasiDg the Bre, and the evaporation of the vapor is acce- lerated by beating the froth constantly with the stirrers; a meanR of causing a rapid exchange of ibe humid air over the surface of the pan, for dry air from vviUiout, is seldom found in use in Ihe boilio^- houses, although some plan for thai purpose might easily be devised, and would elTect a considerable saving of fuel. The soap becomes naturally thicker as evajHiration proceeds, its color becomes darker, and less froth is produced. At last the froth is ifo much diminished, that the soap sinks, and the bubbles are so far larger, that tJiey resemble Blms or lameilii!, which overlap and cover eacli other upou tlie surface. This is what the soap-boilers term the laminaiian ; aad the noise occasioned by the process gives rise to the saying, " the soap talks." The soap is now really finished, but an- other specimen or test is taken before it is scooped out into the moulds. When this no longer shows any opaque zone, after having corded for some lime, or only in a very slight degree, it may then be safely con- cluded, that the proportions in the pan have been properly attained. A certain amount of experience is necessary, tn order to iorm a cor- rect judgment from these indications, for, when the specimen is left too long exposed to the air, the aclion of the moisture upon the small quantity of soap in the test, brings about changes in its appearance, which interfere with the discrimiaaliug characters stated above. Thus, for instance, the opaque zone or rim spreads gradually over the whole surface of the specimen, until at length it entirely disappears. The mass, when completely cold, must never be iluid, but always of a thick consistence. As soon as the tests prove satisfactory, the fire is extinguished, the soap is left for some time longer in the pan to cool, and is then packed in small casks for sale. Soft soap, intended for winter use, which is then liable to become thick or lumpy, should be clarilied with sirooger lye, or with such aa contains a portion of carbonate of potash. In Russia, soft soap is prepared from be^noing to end, according to Kurrer, with one and the same species nflye, containing Jib caustic, and ^tli carbouule of potash. The half of this lye, which is brought up to 10° n., is added to the liiij^eed, rape, or hemp-seed oil in the boiler. The other half is placed in a cistern by the side of the Ixuler, and is allowed to Oow uninterruptedly from a cock in such a veiythin stream throughout the process into the boiler, that the soap is kept constantly in a state of ebullition. When the soap flows from the stirrer as a dear slime, and can be drawn out in threads between the lingers, having thus attained a certain consistence, the process isrxtn- sidered finished. This mode of procedure, which is very uncertain. SOFT SOAP. m\ uid never aflbrds a very uniform product, can only be recommended in roumries lilce Russia, where there is a fijeat want of able bands. £>ume liiuds of oil, fur instatictf, bemp-seed oil, naturally commu' nicate a green color 10 the soap, which is much prized, und has, coo- sequ^Dtly, become a necessarj- property of soft soap. Other varieties of soap, therefore, which have a yellow color, are rendered green by the addition of a tittle indigo. Indigo, however, is not soluble either in soap or in caustic lye, it is therefore necessary to pulverize it very finely, and even then it is difficult to diffuse it uniformly through the mass of soap, nor is it easy to moisten the powdered indigo, and it eadty subsides to the bottom of the vessels. The usual mode of ap- plying it, consists in boiling the 6nely powdered indigo with a little water for some time, until it is uniformly moistened, and then adding it to (he soap ; or in precipitating a solution of indigo in oil of vitriol with lime, and using the precipitate as the coloring matter. Soft soap is often colored black by the addition of inky iluius, which are pre- pared by making an infusion of gall nuts, and mixing with it a solu- tion of green vitriol. A so-called corn or grain is sometimes produced in soft soap by the addition of tallow. The soap then retains its ordin.-iry character, but fine granular particles of a crystaline structure are observed in it, con.si.siing probably of salts of stearic and margaric acids. The form- ation of this grain requires a certain degree of heat, and can only be effected in the colder seawns of the year, at temperatures between 9° »nd 15"^ (48° and 59° F.); it is practised merely (mm habit, and no useful object is gained by It. Attempts have been made I0 imitate tliis useless appearance, in a manner calculated lo injure the quality of the soap. Thus, for instance, slaked lime has been used with the production of a lime soap, and even starch has someUmes been mixed up with the soap. All kinds of soft soap exhibit a strong alkaline reaction, and are charactertxed by a penetrating disagreeable odor, which, however, does not necessarily resemble that of the fats employed. The smell is most perceptible in soaps prepared from train oil, and is due to the presence of delphinate* and phocenate of potash, produced by saponi- fication, as has been explained at page 117. Soft soap is used to some extent for washing coarse linen, but it is of far greater importance as an indispensable and powerful detergent in the linen bleaching works. The important distinction between soft soap and the ordinary soaps is Tery marked, the letter being easily and completely separated by means of salt from all the impurities and tlie excess of lye, which ne- cessarily remain attached to the former. Soft soap is consequently contaminated with all these substances, when they are not removed in the beginning by the care of the boiler ; nor is there any guarantee, as is the case in curd soap, that a certain amount of water is not ex- * Tlieae two ooils, (h« [>liuc«uic uul ilctpLunic, bttre heea found idmbcal witb Tkle- liuua Bciil by Dunuu. 436 BO!«B BOAp. ceeded, and indeed tliis sort of soap is more hygroscopic, or is more iiubjuct to change with the amount of moisture in the atmosphere.. Soft soap never dries completely to a solid mass, even after long ex- posure to the air. The conli-st which streightrorwanl bonfst industry baa constanlty to maintain against the specious inventions which, sometimes as the result of ignorance, and at others of fraudulent intention, constantly depress its exertions, has given rise, with reference to the soap manu- facture, to several new products, which must here be noticed, not so much as examples of useful progress, as instances of ihe errors to which this important branch of manufacture is liable. Bone Soap. — Amongst these must be classed the so-called lumt soap, which is nothing more than ordinary soap from tallow, resin or palm oil mixed with animal gelatine or bones disintegrated, dis- solved, or partially decompased by potash. Two methods have been published for the preparation of bone soap, (which contains on an average 56 to 60 per cent, earthy matter, and 40 to 44 per cent, ani- mal niHtter]. By the one iiirrihoct, boni'S are trvnled with concentrated hydrochloric acid, which dissolves the phosphate and carbonate of lime, leaving the animal gelatine as a translucent mass in the form of the original bone. This is freed from all adhering acid by repeated wasbing with water, and is then added during saponification to one of the fats named above. The other method is more generally prac- tised, and affords a substance of much less value than the former kind of soap. Ilis now extensively sold under the name o[ Liverpool poor nuin'i soap. The whole mass of bone is disseminated through- out soap of this hind, and not (he gelatine only, as M-as the case la Ihe variifly above. The previously broken bones are sonened by im- mersion in strong potash lye in an iron vessel. The action is here precisely the converse of that in the former case. The lye dissolves rhe gelatine, leaving the earthy particles as a powder behind, so that at the expiration of from fourteen days to three weeks, and in warm weather in still less time, the bones become quite soft andpulverable. 'Ilie finely powdered mixture is allowed to boil for an hour in the pant and the fat, for instance, cocoa-nut oil, is then added just lo the same manner as if ordinary lye had been used. During boiling, the gela- tine partly dissolves as glue, and is partly decomposed with the cto- lutiou of ammouia. This decomposition is a matter of perfect indif- ference in the preparation of this soap, as the only object of manufac- ture is to mix as much of a cheap substitute, such as bones or glue, (no matter how much decomposed,) with the real soap, as will luA prevent it from becoming solid, or from frothing when used. , Bone soap of this kina has none of the appearance of curd, and. exhibits a dark-brown color on the cut surfare, but is not translucent like rosin soap. It possesses a very disagreeable penetrating odwr of glue, dissolves easily in hot water (with the exception of the earthy particles), and forms a good lather. When a solution of the soap, bowerer, is treated with a suiHcient quantity of common salt, only the fatty soap separates with its ordinary color, whilst (he glue remains in « H SARD SOAP. 42? * the dark brown under-l>'e» partly in b state of solution, and partly as a flocculent precipitate. Il appears, therefore, that soap of thisuind cannot be prepared by salting, and the reason is obvious why it is 0iost readily produced from cocoa-nut oil. The English patentees are iu the babtt of crushing and softeDing the hones in the lye^ by the aid of friction-rollers. Similar palenls have been obtained, for the so-called saponification of the inlcKlincs of animals, and refuse of a like character, for in- stance, skins, idncws, hoofs, &c. Cheap fish of various kinds have aiso been recommended as material for the manufacture of similar kinds of soap; and with these the natuml amount of fat of course adds to the quality of the soap. These varieties of soap, howerer, have been known for a much longer period than the patents which have recently brought Uieni again into notice ; for Hermbstadt meo- tions a soap made with fish, and a similar one from refuse wool- Later processes for employing naphtha, hair, Hsh, and dextrine, have been patented in England by Caldecott^ Chauvier, Poole, and Sd«U. Another class of these inventions, are the soaps which contain ad- mixtures of certain detergent mineral substances, as, for instance, silica, alumina, or fuller^ s-earth, &c. The solidity or firmness of the soap is not diminished by the addition of substances of tliis nature, which exert, however, a purely mechanical action, and are contained in DO kind of chemical combination. The value or price of the soap is very much lowered, as a great portion of the real soap is replaced by a substance of similar but less efbcacious action, the price of which bears no comparison with that of the fats. Two products of this kind, koown in commerce by the appellations snnd-soap and savon-ponct (pumice-soap), the former of English, the latter of French origin, have been examined by Karmarsh. Sand-soap, when treated with alco- hol, lefl 74.4 percent, of sand, similar ingrain to that used for cover- ing floors. Three kinds of s&von-ponce, treated in the same manner, left respectively, 19.7, 22.9, and 26.2 per cent, of a white, or reddish- white angular powder, which consisted either of ground pumice-stooe, or perhaps of ground quart/ or flint. The mode of incorporating silica with soap, practised by Sheridan, and at a later period by Dunn, is somewhat different. A solution of silica (a kind of soluble glass) is obtained by boiling ordinary flints — which are first reduced to powder by being heated to redne&s, and then thrown into water, and afterwards ground — with a lye of caustic potash or soda. This mass is then disseminated, by mechanical stirring, throughout soap previously prepared in the ordinary manner, ami brought into the proper slate for solidifying; the whole mixture is then placed in the moulds. It must not be forgotten in practising this method, that powdered quart:^ is only dissolved with the greatest difficulty, and ver)' slowly, in a boiling solution of potash, and that a red-beat is the proper temperature at which the combination of silica with potash is efiected. An exception to this rule has been pointed out by Fuchs, who finds that the amorphous varieties of quartz, for 438 CBLOKIN& SOAP— TOILET SOAP. example* powdered opal, dissolves easUji' in solulioos of caustic alkali. Neglect of these facts, ini'okes the production of soap contaioing M.i large quantity of water, instead of silicioiis soap ; for ibe fluid Ibusj obtained holds but little silica in solution, ami consists for the greatm pail of caustic lye. Girardin has examined a soap of this sort, wbicJi \| IS called silica-soap. It contained resin and palm oil, saponific ~ with soda, and was easily dissolved by vatcr with the production of a copious lather ; a deposit of siliciuus matter subsided, however^ from the solution, the ash of which, w)i(;it treated with muriatic acid, left^ 19 per cent, of residue. That the silica may be thoroughly incorpo- rated with the soap in a state of solution, it is necessary to prepare the silicious Suid, or soluble glass, in the ordinary' manner (as will be described under Glass). In Sheridan's soap, the insoluble and solu- ble portions are mixed with the soap in equal quantities, so that the greater part is evidently only in a state of mechanical admixture. With the same object in view, and in a much more appropriate manner, [lowdered soap-stone and porcelain earth tire used by Howitt, and Davis proposes that pipe-clay, or, still belter, fullers '-earth should be mixed with the soap. If the assertion prove true, that these soaps can be used at sea with salt-water, the invention will be truly valuable. Chlorine- soap. — Lastly, a product of English manufacture called dilorirte-soap, deserves notice, which has also been introduced into France under the name of ^(i»on chlorure. This substance is inteitded to realize the idea of the union of the cleansing properties of soap with the bleaching effects of certain compounds of chlorine. The I method of preparing it proposed by the inventor is, however, so much at variance with all the laws of chemical combination, that the pro- duct must necessarily be anjihing but that desired. It is proposed to saponify the oils, or fats, with chloride of lime, or with the corres- ponding potash, or soda compound {iye of Javelte); or the ready-pre- pared soap may be softened by immersion in a solution of that nature. With reference (o chloride of lime, it is obvious that the greater part of the valuable alkaline soap will be converted by its agency, into a useless lime-soap. With regard to the other bleaching compounds, soap may possibly be obtained which is mixed with a greater or lesa proportion of the bleaching salt, hut this cannot certainly exert any appreciable amount of action, when the soap is used for washing. An attempt has also been made to saturat<> the fats themselves wtu chlorine before saponification, but it is welt known that these bodies are decomposed by the continued action of chlorine with the forma- tion of hydrochloric acid, and if the action of chlorine is modifiedf the oils wdl be bleached ; bttt soap ran never absorb such an amount of chlorine as will communicate bleaching properties to it. in lehortt these chlorine soaps are nothing more than foolish novelties. Toilet Suap. — Toilet soap is essentially ordinary soap mixed with difTerent aromatic oils, and diversified, as to form, to suit the fashion of the day. The fundamental material used in this branch of industry, in which the French so very much excel alt other nations, ts either one of the varieties of soap already mentioned, or a soap prepared TRAN&PARENT SOAP— LIGHT SOAP. 429 I ■ I I Specially for this purpose, in a manner far too costly for any other. The following kinds are usually employed : oHve oil soap, tallow soap, palm oil soap, antl soap prepared from lard and almond oil. The sa- ponification of lard, which yields a very white soap, is not effected by boilinjr, but by agitation of the materials; the lye possessing a density of 36 B., a temperature of 65° (149^ F.) being employed without any salt. Transparent Saap. — It has been slated on a fortnpr occasion, that snap is more perfectly and readily soluble in alcohol ibnn in water. A cDQcentrated solution of soap in water becomes partially opaque on cooling, by the formation of crystals; Ibis, however, is not the case with a similarly concentrated alcoholic snliilion. This fact is applied to the manufacture of transpitrent soaps, the preparation of which was formerly kept a profound secret. In preparing soapofthisdescription, ordinary soap is thoroughly dried in a stove, and dissolved in hot al- cohol. AH foreign matters not consisting of soap will remain undis- solred, and must be removed in this case, with so much the more care, because they cannot remain concealed by an opaque mass, as in oniinary soap. They are removed by deposillon, or by a fdler supported by a funnel, surrounded on the ouiside with hot water. The alcohol is then separated from the solution by distillation, uulil the residue is capable of forming a solid mass, when cooled in ihe metallic moulds. Transparent soap of this kind is generally too bard, and affords a lather with great dimcutly. Light Soap. — Soap bearing this name, is merely ordinary toilet soap in a dilTereiil fnriu, and any of the kinds meiitionetl above, wilb Ihe exception of that from bog's-lard, can he used in its preparation. It is obtained by threshing or agitating a solution of soap, to which \| or 1 of water has been added vvitli a roiiser, or paddle-wheel, until the lather which is thu^i produced, has risen to twice the height of the soap solution, and this is then transferred to the moulds. It is a remarkable fact, which is rendered obvious by a mere glance at the novel processes introihiced into the soap manufacliire, that these must be regarded as speculations (often not very profitable) with the mixture of ingredients in the soap, and not as real steps in advance or improvements in the operation of boiling; nevertheless, it is highly probable that this operation in particular, is capable of much simplification and improvement. The improvements here ad- verted to, may be of two kinds: tliey may either be of a chemical nature, for instance, the use of very concentrated lye, or they may be founded upon physical principles ; and with reference to this latter point, experiments upon a large scale have been instituted in England, which are worthy of the greatest aiteniion.* Indeed, it is very pro- bable that saponification might be effected very much more rapidly at a temperature considerably above the boiling-point of ordinary lyes, without actually attaining that point at which the fatly acids or • OimfWHT pngp i 13, [In tehiion tii i)i(- miimn »iibji~ct» lirr" tr«'ii(r"), Tprcr«iB« tnay i» iriailv Ui n twctil j'lililkvili'iri, piitiiliril "CliDiniblrj itt<\|ilii.il I'l lliu miiriiirauliireuf l^p and CuiiilM," by Cvnpbell JUorlltL PhU&<le!j>liiii. Cnrey k UvL 1847. J-Am. Ea. 430 VALUE OF 8QAP. the soaps are decomposed. These conditions might be easily com- plied with in au ordinary steam-boiler, admitting of the application of nigh pressure j but then every soap-boiler by profesaon would doubt- less raise as an objection to such a proposal, the impossibility of observinj' the soap during the boiling process. Nevertheless, experi- menls of this kind, acrording to Schnnbt'in, hare not only been crowned with success io Englar^d, the centre of all operations with steam, but the exclusive use of them has been secured by palentf and large manufactories have been erected for carrying them out upon an extensive scale. By boiling in this manner, under high -pressure, the time required, which upon the old plan was several days, is re- duced to two or three hours. In what manner the patentees have been able to dispense with the close observation and frequent process of testing, so indispensable under ordinary circumstances, and how the proper amount of water is iucorporated with the soap, has not been maue public up fo the prisent time, (compare p. 412.) With reference to the former point, viz., the use of very strong lye, in which case the production of snap is more a melting tc^therof the materials, ihan a boiling process for combining fatty matters with tbfi^^ lye, the experiments, if such have been made, are not generally^H known, unless the soaps prepared from cocoa-nut oil can rank with this class of products, which are produced by digesting the oil with strong lye at a high temperature, and aflbrd a product of no great value. Value of Soap. — There are few things which are so ill understood in practical life as Ihe real value, or what is the same thing, the prop price of soap. The value of soap is mainly dependent upon thft, amount of dr}' soap, (the dry combination of alkali with the fatty acid which it contains, and this is very easily ascertained. To estabtis this point, a weighed specimen in the form of thin shavings is exposed to the heat of a drying stove, until its weight is no longer diminished. The loss of weight is hygroscopic water, and what remains isdry soap. The latter in\-ariably retains the water that is in chemical combina- tion, or water of hydration, but this quantity is so small in pro\|>ortioa to the equivalent o( the soap compound, that it is practically of no moment. Greater sources of deception are naturally traceable to an excess of alkali, salt, &c., which are peculiar to soap not in the form of curd, and particularly to such as contains much water, or has been prepared without boiling. These admixtures are indicated by the general ap- pearance of the soap, but can only be accurately estimated by a care- ful chemical analysis. Indeed, a ready test, which should indicate with sufficient accuracy the amount of the soda or potash compounds with the fatty acids contained iu (lie .soap, and which could be exe- cuted without requiring much manual dexterity, is very much needed. The real analysis of soap is, however, an easyproce«f. The amount * It is. pp>h'ip«,nnttiprrfltiDutr>r«tnMric,lhiil Hw fMp-ho(kr« Hro in ilia Igabii of hf»i neoii-lyouiiwtWiiijj i!ir wh'iln of tlio WBtLT iMainod atUst cooling by curd B(mi>, pfojictlp' prqiared,u vrater ol faydmiiOD. ^^m ANALYSIS OP 431 ^H of water ia ascertained bj drying ; that of the fatty acids by separating ^H them with the aid of fnilphuric or hydrochloric acid, washing, melt- ^^M iugt and weigbing; and lastly the alkali is estimated by incineration. ^^M This is the main principle of the process which led to the following ^^M analytical results. The great discrepancies in the value of dtiTereat ^H kinds of soap are clearly pointed out in the following table; vet tt ^H muRt be noticed, that the portion of alkali in combination wiin the ^^M fatty acids was not separate<I in the analyses from tliat portion coa- ^^^H tained in a free state, for instance, a£ lye. ^^^^M t_ i ^ 1 4 i Kamc ^^^^^1 ^^^^B Kiud of Map. a 1 1 , § ^^^^1 B^ ^ 1 1- E 6 SDalyit, ^^^^^1 KcMlil« K»p. li-.p. =1.0705 7«.5 0 14.5 ui«. _^H ^bftlo "p- P- =0.9609 75.2 — 10.5 14.3 ^^^^^^^H ^Bhbs whiiB uiUet 90p . 75 ^ 9 11 ^^^^^^H Dnhaanr wim» wMp iitm On- ^^^^^1 p>w .... 60.0 -.— 6.4 33.6 ^^^^^H Moatod mOow ki^ of good qua- ^^^^^1 lit^ ptf\|)fd hr an abta imp- ^^H boiUt fran poMuho, kAct ^^^^H hiring baea k«pt Ibr asTeral ^^^^^1 ytmn .... 81.93 1.77 8.^ 8.43 Hmhb. ^^^H Brown tMin (nap from Gla.-^w 70,0 6A 33.5 Cr. ^^B LoadoD cocos-Dut »o«p 33.0 — 4,S 73JI ^^^^^^H Hud poppy-oil Map 76 _ 7 17 ^^^^^1 Fnodi icmp mem m lablablaxc 90.3 _ 4,« 43:3 lltjaajd. ^^^1 Mitnrillm nap — forvn MorW . U — 6 30 ^^^^^^^H I>JtM .... 60 — S 34 ^^^^H Wtkjtv ItdineiUa* to«p . <t&4 ^ 10.34 3IJQ Bracofunot. ^^^^^H Wluta nltow KMp, Lripzii^ pr»- ^^^^1 pued hjr a oompanjr . 76.3 8.8 14.7 AboodrMb. ^^^^\| Dittn, Lei\|tti\|^ pnriJ«f[«d masu* ^^^^^1 factory 90 3.4 30.8 ^^^^^H Mubled Map ftom the «me nia> ^^^^^1 ■uifactonr ■15 9.8 88 ^^^^^^1 44 7 — 38 1 ^^^^^1 Boft Miap 44.0 9.5 ^ 4QJi th^mia. ^^H Laodoa aoft MMp 45.0 8.5 ^ 46.5 Di«. ^^H Botcnui tod, at grevn aap 3« 7 — 57 ^^^H EoOlfh toft KMp . 47 B ^ 45 ^^^H Another kitul uf Kami tgtBen nap M » ^ 57 ^^^^^^^1 Scotcb, wrt np»«i] foap 51.64 10 — 3SJ3 ^^^^^^H Saotch, loA aliv«-oil Miap 43 to _ 43 ^^^^^^H 8uni4ttid aCMp Gjt rallinK R3 11.5 ^ 36JI . Vmrion. ^^^^^\| Ordiaaiir nft fuap, Iti Mmple . 44 9.S 46.5 ChemaL ^^^^\| Dina '^d ■> 42.8 9.1 _ 4S ^^^^^^1 1 Diito 3d " 39.2 8.3 — tA ^^^^^^^H H Dumas recommends the following plan for the analpis of soap. ^^\| ^ The water is first determined in the manner stated above: a portion ^^\| ■ should then be treated with alcohol, when, if pure, white soap should ^H ^B Thi» toap, oonsitling of neorljr } traler, wu loleniblj' hafd, be t iliagolTM very Mail/ ^^H ^■In tmlinf wuer. li !■ called fnanitr toap, and fa nid co be applioabk lo waahing with ^^1 ^KflKwaur. ^^H 43-2 COMPOSITION OF SOAP. leave a very small quantity, and mottled soap not more than 1 per cent, of insoluble matter. If more insoluble matter i^ obtained, silicsi alumina, gelatine, &c., must be looked for. The amount of alkali iei determined by the alkalimeler with sulphuric acid, from a solution of (be soap in boiline water, and the fatty matters by adding a weighed portion of pure white wax to the boiling liquid, ailer the completion of the alkalimetricnl test. The wax then corabines with the fats, and its increase of weight on cooling, indicates tlie quantity present in the soap. The solution of the sulphates may then be tested for pott ami soda by crystal ization, or bj' chloride of platinum. The nature of the fatty substances may be examined by decomposing the soap with tartaric acid, and taking the fusing point of the mixed fats. If (allow, or oil have been used, it will then bo apparent ; and the smell evolved during fus;ion, may also assist in forming an opinion as toi which kind is present in the largest quantity. Neutral fatly bodies may be discovered by decompo.^ng the soap with hydrochloric acid, pinducing a barytic soap, and treating the latter with alcohol, which will then dissolve any admixture of unsaponified fat, and this may be further lesttd with litmus paper. ComposUion of Soap. — It must not be overlooked in analyses of this kind, that the fatty acids and the alkali are obtained in the state of hydrates, and that the water of hydration must consequently be deducted in Imth cases. The consamer should not be satisfied with a soap in which the amount of the dr}' fatty alkaline compound ac- cords with the price, unless the soap fulfils another condition of equal importance. The problem to be solved by the soap-boiler is the pro- duction of an article, from which no more is dissolved or washed away, when it is employed for washinglinenorthe hands for instance, than ifj absolutely necessary for cleansing purposes. When this is not the case, much soap is uselessly wasted. This property of soap is carefully watched by the laundress, and for purposes of domestic economy the quantity of soap employed is much more materially alfected by it, than by the stale of the materials to be clcanseil. If the soap contain too much water, or its consistence be rendered too loose by reason of an ex- cess of lye or salt disseminated through it as is the case with many of the varieties of soap described, the waste from this cause will be pro* portionally great. On the contrary, if the soap is over dry, muchlabo* rious exertion will be required to detach a sufficient quantity for the purposes required. Curd soap is the only kind which maintains the proper mean between these two opposing cliaracters, and this is due to the quantity of water which it contain.s, and its state of soHditv. Soap that ha-t become too dry is improved by being kept in a moist place, and an opposite treatment improves soap that contains too mucb water. Rut soajis of the latter kind are not altereil or improvwl by keeping, as regards the foreign salts which they contain. Curd soap' is therefore the proper form in which sonp should be soli^; no decep' tion need be practised, however, when soap containing a larger amount of water, as that from cocoa-nut oil, is manufactured, provided a cor- responding reduction be made in the price. The same applies to soap , OIL VAKKISH. 433 pKpered with bones, fullers earth, silica, &c., which cannot be posi- ttre\y called adulterations, but which are very much calculated, like the former, to promote dishonest traffic. The production of these articles will fiod very little encouriigement where the wap-boilers understand their own interc!it<i and responsibilities. The statements made above, with reference to the too rapid solu* tion of the soap, are of course not applicable in cases wbere the sub- «tances to be cleansed are boiled with the soap, »s in bleaching and dyeing ; they must not, consequently, be extended to soft soap. I OIL VARNIBB. The Tcgetflblc oils are by no means unafff^cled by exposure to the air, and the changes which ihey undergo by (he agency of atmo- spheric oxygen have givt-n rise lo the ilislinction of the drying from Xhepermtent oilt. The latter remain viscid on exposure, but become acid and ill-savored, in short, become rancid, whiUt the former diy up to an inodorous, clear, slightly-colored vnrnish, as is witnessed in linseed, hempseed, walnut, and poppy oils. This drying action of the air requires lime, during which hyumgen and carbonic^ acid are incessantly evolved from the oils, hut at certain intervals with greater eoergy than at other tiroes. Snussure has observed these changes vith the greatest attention in some of the oils, and he found that of the whole lime during which oxygen wn.s absorbed, and this often lasted several months, and even years, a certain period was attained at the expiration of from live to seven nioulhs, whtrn the absorption was very much more rapid than had previously been (he case. Thus, for instance, walnut oil had absorbed thirteen times its own volume of oxygen at the end of eight months, when, during Ibe next ten days, the absorption increased to sixty limes the volume, and then again diminished throughout the three subsequent months. The important and extensive application of these oils, particularly of linseed oil, in decorative and artistic painting, is founded mainly upon this dr)-ing property. The rapidity with which linseed oil dries, is dependent upon its age, &c., but this property can be considerably increased, when the oil is raised to the boiling point, or is kept for some hours at a temperature approaching that of ebullition, either by itself, or as 15 more usually practised, with the addition of .'g or j',-, of oxide of lead. In this state, when it has cooled, the oil i$ termed linseed'oil vamiah ; it is much less colored, more thickly fluid than before, and dries, at longest, in twenty-four hours; spread, for instance, upon a plate of glass, it forms a clear brilliant surface, which retains none of Its first adhesiveness. The general opinion has been, that the oxide of lead serred an the purveycr of a great portion of the oxygen to the oil which it other- wise absorbed from the air after a considerable length of time, atnl that the oxide was partially reduced ; the boiling process would then be reduced lo the .speedv execution of a part of those changes which are gradually produceJ by exposure to the atmosphere. Lie 434 OIL VARNIBU. however, has recently shown that this opinion is erroneous. Another Tiew of the subject, which supposed the conversion of the oil into ▼arntsh to be the etfect of sapomHcalion by the aid of oxide of lead, or the (lesiniction of glycerine by (he agency of heat, is equally fal- lacious. Although a portion of oxide of lead is taken up in boiling, this has rather an injurious tendency than the reverse; for Liebig has shown, that when Unseed-oil is boiled for a length of timR with water and oxide of lead, a thtekly fluid mass is olilaini-d, which dries with difficulty and remains smeary for some length of time. Even by saponifying linseed oil in the ordinary manner, and sub- sequently deromposing the soap with muriatic acid, so as to separate the whole of the glycerine, and then dissolving as much oxide of lead in the fatty acid, as will not influence the ^uidity of the mass na cooling, no varnish can be obtained. Thus we have positive eW- dence that the separation of the glycerine is not the object in the manufacture of varnish. When it is borne in mind, that linseed oil absorbs oxygen from the air with much greater rapidity at a later period than when first exposed, it then appears probable, that one or ther of the foreign matters whirh it ronlnins, encloses the oil, as it rere, and retards the absorption of oxygon, until, after a long reMst-i ance, it is at length dissipated, and the oil comes into free contact with oxygen. The formalion of varnish is rendered much more in telligible by adopting this highly probable assumption ; it is Uien reduced to a simple purification of the oil, by removing all those sub* slanceii which prevent the immediate contact of the oil with oxygen. The very same .supposition leil I.iebig to the idea, that those foreign (mucilaginous substances) might he removed by precipitation at the ordinary temperature, with the same effect as is produced by oxide of lead at a high temperature, and for this purpose he proposed the use of basic acetate of lead, a substance frequently applied in practical chemical operations to similar purposes. In carrying out this method, which is both better and more easy of ^j execution, the basic acetate of lead is first prepared in the following^H manner: 1 lb. of sugar of lead (neutral acetate) is dissolved in & IbsT^^ of rain water, and 1 lb. of litharge (oxide of lead), in fine powder, is added to the solution, and this is then allowed to stand until the red color of the litharge has been replaced by a white color. The clear fluid above the sediment is then basic acetate of lead, and is in suffi- cient quantity to convert 20 lbs. of linseed oil into varnish. The basic acetate of lead is mixed with an equal quantity of water, and added to the linseed oil, which has been previously rubbed np with 1 lb. of litharge in fine powder. The mixture now only requires shak' ing from time to time, and is, lastly, allowed to stnnd at rest for some hours. The linseed oil is then observed swimming on the surface of the aqueous fluid in the form of a wine-yellow colored varnish, which, however, is not quite clear. By filtration it can be separated front the fine white powder which remains suspended in it, and obtain' perfectly clear, like water. Varnish prepared in this manner is readily bleached by exposure to the sun. It contaias 4 to 6 per cent. t. OIL VARNISH. 43fi ^ of oxide of lead cbemically combined io solution; this also can be easily removed by agitation wiih weak sulphuric acid and subsitlencet stioutd it in any way interfere with the uses to which the varnish is destined. For 3 repetition of the process, it is unnecessary to prepare a fresh solution of su^r of lead, as the whole of (hat salt is contained in the water below Uk- stratum of varnish. l-,iihargc may, therefore, be sgain added to this, and will produce with it the basic acetate of lead, as before. The simplicity of execution which forms the chief value of this pro- cess, is further enhanced by the precipitation of coloring matter with the oxide of lead, in addition to the mucilaginous substances which obstruct the formation of varnish, so that the linseed oil is partially bleached at the same time that it is converted into varnish. Oxide of zinc (or white vitriol) was sometimes used with oxide of lead, or instead of it, upon the old plan, and in England, magnesia las been substituted for either. The conversion of linseed oil into printers* oamish^ or printers^ ink^ U a process founded upon very dilferKnt principles. In Ibis case, the object is a ihiclt lluid, which shall impress the outline of the type upon the paper without running, and yet dry rapidly ; it can only be obtained by an incipient dry distillation, to which the oil is submitted by beating in a copper still. Only aqueous vapor passes over at first, but as the temperature rises, and the color of ihe oil becomes darker, (which is here natu- latiy unimportant, )combu5tible gases and carbonic acid are generated. At a still higher temperature, these are accompanied by inflammable condensibie vapors, which ascend as smoke when the oil is in a state of ebullition, and may be ignited. The boiling is continued until a sample is sufHciently sticky on cooling, and exhibits the proper state of consistence. The temperature at which the varnish is boiled destroys the oxide of glyceryle, and produces a change in the composition of the fatty acids, which has uol yet been carefully investigated. APrENDlX TO THE KIRST GROUP. Sool, Lampblack^ t(c. — The luminosity of every flame, as we have repeatedly shown, depends upon the separalion of a porlion of char- I'oal which is burned subsequently to its Beparatioo, Ibis process be- ing repffatod i-vt-ry inHtanl ; now this siibscL\|uent c(inil)ustion may be very readily impwled, by cooling the ftame or diminishing the draught of air. In ihis case, in addition 1o (he true products uf combuslioo, empyreumatic vapors and gases also escape in conjtfnciion with car- l)ori liberated by their partial (.■cm bust ion (soot), all of which result from mere decomposilioa by heat (dry disttllation) — and form fffw/eeJ Thust a strong current of air causes the flame of a candle to smolce» »n<l a porcelain plate, or a plate of metd held in it, becomes coated with soot ; both these phenomena are the result of cooling. In all fires, the combustion is imperfect in consequence of the burning sab- stances being too much cooLetl, and from the defective supply of air. The internal walls of chimneys and flues become coated with, various kinds of soot or black ; near the hre, this assumes the forai 1 of a btackish-brown, shinio\|^, varuish<like layer, ^/anre-fr/ocA', con-' xisling of dried tar wiih a tittle charcoal {3.8 per cent., Braconnot), which, after undergoing preparation, is used as a pigment (bistre), and also to preserve meat from pulrefaction. The soot deposited in. I he more distant parts, contains much more carbon, and formfj a brown, flocciilent muss, Jtakf-hlack. These are the only two] kinds of soot yielded by wood; whilst substances containing little oxygen, but abundance of carbon — those, therefore, which burn with a ]>owerfully luminous flame — as resin, fats, and oil of turpentine, deposit a kind of soot, which consists principally of charcoal, mixed with but little tarry matter; the quantity of the latter being less in proportion to the time which has elapsed before the soot is deposited, ur in proportiua to its distance from the (ire. This product, called pme-wood blacky is dark, piich-black, and from the chemical inde- structibility of the charcoal (except by combustion) is one of the moat] important (opaque] colors ; its production consequently gives rise to a peculiar process of manufacture. It is extensively used in ordinary printing, lithography, and copper-plate printing, the manufacture of blacking, &c., and hence arises che necessity for preparing it at one lime in the roost minute state of division and purity, whilst SOOT, LAMP-BLACK, ETC. 437 soluble in alcohol . insoluble in alcohol others it may be used in its ordJDary condiiion. Braconnot fbunil in 100 parts of pine-wood black : Carbon 79.1 EmpyreiiDiatic resin Humin ........ 0.5 Sulphate of ammonia 3.3 lirae 0.8 " potash 0.4 Phosphate of lime 0.3 Waler 8.0 Sand (accidental) 0.6 Chloride of potassium a trace. Reichenbacb found naplhaline also. The fixed sails present were really eonstituenis of the ash carried over with it. For making the couuuou qualities of black, refuse resinous matter of all kinds are used. Tliose ports of fir-wood, for instance, which abound in resin, and remain after ihi- resin or colophony has been strained otf, fir-leares, chips, rubbish, &c., covered with resin ; lastly bark, leaves, &.C., upon which resin has dropped, these are collected when the fir-trees, from which the resin is obtained, a're cut down. The peculiar iDaniifacdire of the black from these substances consists in burning ihem with a very limited access of air, just sufficient to consume the hydrtJi^eii and a prirt of the carbon, leaving another por- tion of the latter iinburned, which Is then deposited as pine-black. Fig. 163 represents the simple furnace used in this process. A canal of brick-work C C, 2( feel wide, connects the fire d, wilh Ibe soot chamber .9- the length nf the canal is at least 14 feet, this extent being requisite, that the inferior larry-black may deposit before the purer portion. 'L'he aperture in the fire-chamber, which also forms the anterior part of the canal C, can be either opened or closed for the proper regulation of the draughts, by means of a mnvaUe iron plaie e. The plate o forms the margin of the pit_/, in which the workman remains; it also serves to receive the coals when with- drawn, and the fresh matter to be burnt. On commencing the pro- cess, no regard is paid to the collection of the black, but the fire is at once lighted to warm the smoke-channel first. Without this precau- tion, a large portion of the black would be deposited in it, and be vrrjf liable (o take 6re. Two kinds of soot are (bus obtained, one of which is brown, sometimes of the kind called flake-soot, sometimes glance-black, which is derived from the woody portions, and black, or true pine-wood black, from the resin. The object of the process is to sejiaralf the two, rausing the former to be deposited in the raoal C, and the latter alone in ^, this being practicable only when C has been sufficiently heated. As soon as this is eflected, a fresh char\|^ of the wood (^ cwt.) is introduced, and the manufacture commenced by lowering the plate e. l'he light soot collects at the back part, partly on the walls of the chamber »/?, which has a capacity of from in 438 SOOT, LAMP-BLACK, ETC. 2 to 3000 cubic Teet, but mostly in ihe hood /). The latter is a kind of roof composed of loose woolen cloth, which may be extended Fig. 163. the apex by the pulley a ; nod at the base by the heavy frame n n, it can Eilso be lowered into the chamber. When the manufacture pro- ceeds favorably, a day's work of 10 hours should yield about 3 cwl. of (he matcrinl. In a properly conducted process, the temperature of ^ should always be somewhat lower than that of the smolfe ; but in time, this relation bet-ompH reversed, which renders it advisable to vork only every other day, that the furnace may cool in the mran- time. Another precaution Is made requisite by (he black itself, which by its deposition, gradually impedes the draught ; for, it is evident, that this must traverse the tJ-Hsue, which as it were, strains the sool from the various gases. The workman is consequently obliged t^^\| shake off the soot from time lo time into the chamber by gently tap^^ ping the hood. The extremely fine state of division of the fresh sool, gives it, especially when warm, a dangerous tendency to inflame on exposure to the air. For the sake of caution, therefore, the chamber mu!>t always be allowed to cool, before anything is removed from the tloctr K. The loose uppermost sool, which has fallen from the hood, is sepa- rated as a finer article for making printers* ink, from thai which coata the walls of Ji, and forms ordinary lamp-black. Sometimes, instead of a single chamber with a hood, the soot is deposited in several suc- cessive ones; in this case^ the last will contain the finer kinds. •OOT, LAMPBLACK, RTC. 439 ^ I I Id Ihe coal dislrictSt (be caking-coal forms a useful material for this manQfaciure, which is then eiinrr sc[)anitely, or incideolally car- ried 00, Ihe coke-o»<ns being combined with an arrangemeut for col- lecting the lamp'blBck. fa Knglaod, for instance, the method practised is somewhat different from that which has been described, and which is the common practice in Germany, the chamber with its hond being replaced by a series of tall bags, about 3 feet in diameter, and siretciied perpeiidicutarly. The canal conveying the smoke, opens into the nrst bag at the lower and lateral pari, this and the second being joined by a connecting tube above, the second with the third by a umilarDoe at the lower and lateral part, and so on. The literal connection is made below, so that Ihe (tin ) mouth-pieces of the btgs with their capsular lids remain free, and can be occasionally rmptieil of the lamp-black. The last bag finally opcuK into a chim- ney. In this arrangement, the lamp-black is much better sorted ac- Dordiog to the fineness of its quality. The presence of empyreumatic resins in lamp>black, a small number of which belong to the acid, but the greater part to the neu- tral class, seriously deteriorates its quality, causing it to burn with flame, and yield empyreumatic oil, when heated with exclusion of air. They interfere with its application by imparting a brown tinge instead of the pure black to the lamp-hlack, and by preventing its being moistened with water. It is consequently necessary previously to mix the impure lamp-black with brandy, whenever it is required as an addition to water colors. The remo»al of the empyreumatic resins by noKenls cannot be carried out on a large scale ; for they are usually only imperfectly soluble in alcohol, or in caustic alkali) and Bracoonot only succeeded in retooving the entire amonnt present (7 per cent.] by means of ether and oil of turpentine. One of these solvents, the elher, is too expensive, and the turpentine requires a second operation to re-obtain it. In cases, therefore, where they are prejudicial, as, for instance, in lamp-black for lithographic ink, &c., it is preferable to destroy the resins by a red beat. The ordinary method of proceeding is rather crude, nnd consists in burning the lamp-black with a very limited access of air. A tub filled with the soot is buried in the earth, the lid being level with th>e surface; by means of a thick pole, which must be carefully with- drawn, a perpendicular hole is bored through the middle of the mass, and into this, a roll of tow, saturated with oil of turpentine, is pressed and then ignited. When the lid is put on, the slow and smouldering fire spreads, until at last the whole of the soot is healed to redness tfarougfaoul. During this process, Ihe tarry ingredients burn at the expense of a portion of the soot, about ,'i;,th to ^th, which is consumed by the air. A better plan is to press the suot into a large tin case, placed within a cast-iron vessel (like a gas-retort). The latter is bricked in over a fire, and the vapors of the decomposed tar conveyed bj a conducting tube into the fire, where they serve as fuel. Black of greater purity, and in a much finer state of sub-division, is obtained irum fixed-oils — oil of turpentine^ or oil from rosin gab, 440 SOOT. LaMP-BLaCK, £TC. when ilifsc substances are burnt in lamps ; but it is difficult 1o pre- pare ibis, which is properly called lamp-black, in targe quantUies. The l»mp is placed under a tin hood, uliich carries ofT the smoke by a lateral tube into chambers, or is closed, and receives the swit on its inner walls. The most profitable method of cooling, is that of hold- ing metallic plates in the flame, provided they ari> not allowed to become too hot. For this piirposr, Prerhtl proposed a roller of linj. which revolves in the tiame, and laterally rubs against a brush, »9 that ibe soot is constantly brushed otf, and fresh cool parts of the metallic surface are constantly brought into the flame. Inaccurate rc}>orts have diffused many fabulous accounts concern- ing the nature of Indian-ink; it is principally composed, however, of lamp-black of inconceivable fineness, and Prechll, in accordance with the best accounts, has rendered it more than probable that it is pre- pared from camphor, by the same process as lamp-black ; the cement- ing matter is some kind of animal gelatine. In raaQufacluring lamp-blaok according to the German method, about ^th of lamp-black isobtained from the residue of strained pilch; hut lilt produce from fir-wood is of course much lejis, because the woody jKJrtions tend more to the formation of tar. The quantity which theoretically ought 1o be obtained from a given quantity of ma- leriai, cannot well be determined, because the process is not definite and constant, but is entirely dependent upon the contingent manage^^ ment of ihe draught o( air, and at the same time upon the nature of' the material in the fire. .\t all events, it is certain that the lamp- black originates from that portion only of the carbon which, duritigi the process of decomposition, is carried away by the hydrogen. Common coal, \| to ^ihs of which, on an average, take no part in the decom])osition (remaining in the form of coke), and the hydrogen of which amounts to only 5 or 6 per cent., yields cnnseqnently consi- derably less than oils, resins, or camphor, which leave no residue of charcoal, and contain 2 or 3 times as much hydrogen. In all these cases, a portion of the carbon is removed from the process o( the formation of lamp-btack by the oxygen present; this is not the case, however, with oil of turpeotine, SaCy in which oxygen is entirely ftb- senl, and ihe oil contains almost 18 per cent, more carbon than is requinid to form olefiant gas with its hydrogi-n. Produrtion of Lamp-black with and without Tar. — The preparationa of common lamp-black from the refuse small coals, is intimately a] lied to the process of coke burning. In some cases it is combined with the manufacture of coal tar, and consists of the following ar- rangements. Fig. 164 shows a the furnace in which small coal is consumed with the admission of as little air as possible, the heat and smoke pass through the openings b h by round an inin or clay retort c e, into a flue </, which is about 500 feet long, with many bends t e. The lamp-black is deposited in these flues or caves re, and the retoft c c, which is filled with coal, is healed from the furnace a, so as to distil the coal tar, which passes through the cask y into a larger cis- tern communicating with the underground flue g. The iuAamraafala MATCMBS. 441 rnses pass olTfrom the cistern, and are borni in the open air. The letaiU of working Ihis arrangeineut are so simple as not to require Fig. IM. »ny notice. A similar arrantjtment for making lamp-black without tar resembles Ktg. 164, willi the omission of ihi^ retort c c, Matehis. — Mnny barbaroiiH nations, tmncquaiiiled whh the ine- tbods in use amongst civilixrd people for procuring fire, usually etfc^ct this object by riolenily rubbing dry pieci^s of huru against pieces of soft wood. Although flint, steel, and tinder have appeared irreplace- able for centuriex \|(iisl, holb in simplictly and n^rlainty^ yet* modern art, keeping pace with the process of scifnce, has turned many chemical observations and discoveries to surprising advantage, with reference to the production of Bre. Some of Che inventions which h&Te been brought forward Hpsprre more particular notice* on account of their rapid and extensive difiiision. The contrivances, in which sulphnr-inalches were inflamed by im- mersion in phosphorus [phosphorous ituitches), were first superseded by the so-called chemical-matches, which consisted of sulphur matches, with a coating of t-htorale of potash. This salt (KO, Cl,0,), when brought intu contact with concentrated sulphuric acid in the cold, ts dfromposed with explosion and the produi:linn of fire, into bisulphale of potHsii, jii'Tchlorate of potash, and chlorous acid, and by the two Jailer (one of which is resolved into chlorine and oxygen, and the other intn chloride of potassium and oxygen) inllammablL' matters of all kinds, as aulphar, metallic sulphurets, rosin, gum, &c., are in- flamed when within the immediate reach of its action. The snlphar ends of the matches are covered with a composition of chlorate of potash, flowers of sulphur, colophony, gum, and cinnabar (as a color- ing matter): on dipping ihis Into a botlle containing asbeslus, pre- iously moistened with sulphuric acid, il quickly becomes inflamed. These matches are now superswii'd by the more simple lucifer matches, which inHamc without the aid of acid, or anything of the kind, by mere friclion: an invention, the history of which, notwilh- 'iog its novelty* is already lo&l, as has been ihe case in many 443 LtlClFER'HATCUBS. tiimilar iiDtlBnccs, partly on account of its simplicity, and from the rapid introduction of similar procesiiwa. Lucifer-matches. — These, tike the last, are sulphur matches, to which a separate inftnmmable compound has been added. The pri- mary coating of sulphur caiinat be dispensed with, because the inflain- roable composition burns much too rapidly lo set fire to the wood. The flame [irodnced by the combustible mixture is, therefore, firsti communicatt'd tu the su]]ihur, aud from it to the wood. The mtxtum at first contained chlorate of potash as an essential ingredient, and the produclioD of fire depended upon the power of this substance of in- flaming the sulphur, phosphorus, &u.,with explosion, the effect being produce] p%'cn hy Hhaking nr friction. Thus phosphorii.i was mixed with mucilage, at a temperature of 104'^ F., so as to form an emulsion, to which the chlorate of potash was then added . The phosphorus was sometimes replaced by sitlphuret of antimony. The operation of mix- ing the ingredients in the dry state is at all times dangerous. Tlie unpleasant noise which occurred whenever a match was inflamed, and a certain amount of danger from fire, rendered it desirable to re- place the detonating action of the mixture by a slow combustion, and (his has been accomplished in the noiseless lucifer-matchtt. None of (hose composittoos which inflame without explosion contain chlorate of potash, but niire and phosphorus instead; the latter of which bums at (he expense of the oxygen of the former. The general principle concerned in the action of these matches is, that substances (as ph( phorus) having a great aJTinity fur oxygen are mixed with a lari amount of it. condensed into a small space (in the nitre), bo that ti slightest cause is sufficient to effect their combination. The peroxides^' of lead and manganese, which abound in oxygen, are ollen mixed with the nitre ; they act in the same way when they have once at- tained a red heat. .\s the thickness of the match and the quantity of the compositioi upon it must always bear a certain proportion, both because the latK is expensive, and burns with a disagreeable odor, the matches re- quire to be cut by machinery, or nlanes constructed for the purpose; they are thus obtained thin, sufGciently strong, perfectly uniform, and of an elegant appearance. Moist poplar wood is best suited for this purpose. The round or angular matches are dipped In bundles into melted sulphur, and then coated with the intlammable composition. According to Uottger, 16 parts of gum-Arabic, 9 parts of phosphorus, 14 parts of nitre, and 16 of finely divided peroxide of manganese, form a good composition, which must be worked up with water, to avoid danger. The mixture then forms a thick paste, Into which the matches are separately dipped and then dried. Occasionally, smalt aud tsimilar matters are added to produce certain colors, or to increase the effects of friction. After repeated trials, the inHammability of the composition has been gradually diminished to such an extent, that it only inflames when strongly rubbetl against rough surfaces, but not rea<liiy by pressure or shaking, especially when the matches are pre »erved in closed boxes; hence they are much less dangerous tbao DOBEREINRR'S PLATtfTUM LAMP. 443 I I I might be Anticipated. The slow combustion of the sulphur, with the emission of sii!i)hurous acid, forms a great objection to ihi-se matches, as this gas is injurious to respiration. Matches have conseqnently been introduced into commerce wliich have been 6ri!t dipped into fuMd stearine, instead of sulphur ; these however, frcquenTly mi.<ts fire. Plalinttm Lamp, or Instantaneous Light. — In those cases where the apparatus is not required to be carried in the pocket, but is rather in- tended for use in the house, the action of spongy platinum upon hydrogen, discovered by Dobereiner, affords an excellent, although certainly not a rery cheap, means of procuring a light. To prepare this, a solution of platinum in aqua regia (chloride of platinum) is precipitated wilh muriate of ammonia, and the plsilino-chloride of am- monium thus obtained, is stirred with a Utile pure ammonia into a thick paste, a drop of which is placed upon one end of a thin plati- num wire, which is made into a loop. By drying, and the subsequent application of a white heat in a spirit-lnmp, the double salt is com- pletely defompo.sf'{], the platinum remaining as a metallic, porous mass, resembling a sponge. Like several other metals, bulin a greater degree, platinum possesses the property, by some peculiar and inex- plicable action of its surface, of inducing the combination of hydrogen and oxygen to form water, at temperatures at which this does not spontaneously ensue. This power increasing with the extent of sur- face, is greater in thin coiled wire than in foil, and is greatest in spongy platinum in consequence of its porosity ; or the very exten- sive surface which it presents in a small bulk." A current of hydro- gen mixed with air, or oxygen, and brought into contact with the platinum sponge, begins to burn, forming water; this immediately raises the sponge to a white heat, and the gas then takes fire from the incandescent metal. This is also the process by which light is ob- tained in the *^ DbbenxMr's platinum lamp,^^ Fig. 165. Beneath a cap of brass plate tJ, fastened to the wire n, the spongy plstinum is placed, exactly opposite the aperture c, from which, when the lamp is in use, a current of hydrogen issues. The latter is pro- dared in the lower vessel tt U from a m3.s5 of zinc 6, and sulphuric acid (diluted with 6 parts of water), and is accumulated ready for use in the upper movable vessel -^'1 JL As often as any of the hy- drogen is consumed, a fresh supply is produced at the same time, because the zinc only comes into contact with the acid when the apparatus is engaged in yielding light ; at other times, it remains above the surface as in the figure. To allow of this, .^ ,'1 slides in the lid g like the piston of a pump, and when at rest, is kept up by the spring ff/\ in that position, the only outlet for the accuran- ' Supprt«in\|c the pnrM in cubic line of ipnnsy plalinum to be f\^ of a line in dis- BCtm— whicll >■ /liT lixi tnurh^nncl thnl Ihnr vpaon* •Kftn rIki culii<!>t, tbete wouUI be (iiKl«\|>«Qdcnily of the iblckncis of ih': wnlt) n million of wll> in tho cn(iri< lxJw, «»u1i comainini; .f^Jgr^; hcixv nltO\|:>?tlM'r 'ff j\|\|;« ^600 tqunio Hnr; i.t,ti itiirfte] I'M Itawa laiELT Uimn ll<«t uf lhr> wliiiiTUlwi ihnaan iilvaoTlb inrroMW oftutraeM ptalNOnl by IXKOwiy ntay be re-aUil}' ubiainMl. k 444 IMPHOVBD PROCRSA OP COKirfO. Uted gas, through the glass tube x x z, in clon«il by B few drops of dilute sulpbaric acid Q. If, however, A Jt he U^piviitted by the hand, the gas contained in ii is subjected to sufficient pressure to drive back the re!>istin£^ Buid o into the bulbs, and to open an outlet for it, first into the cap f , which is firmly fixed to the ]id of A, and frooi thence to c^ where it raises the spong}' platinum rf to a red heat, and then inflames. On the escape of the gas, however, the acid simultaneously risi's in .■?, and coming into contact with the zinc, replaces, by a further evolution of gas, that which has escaped. This procesB'^J continues uninterruptedly as long as thd^H quantities of zinc and acid are not ex- ^^ hausted. Besides the apparatus figured above, which is of more recent inven- tion, and was first proposed by Eisenlohr, there is another more generally used, which is, however, expensive, in which A Ji is fixed immovably into g, and sup- ports above a brass cock, which c a cap fixed to an arm to preserve ihl sponge from dust, as in Fig. 160. An advantage is gained by this arrangf^ment, for the dust which burns on the sponge leaving an impure coaliiig upon it, together with the sulphate of zioc^ which iH carried oiiby the ga.s in the form of very finely-divided drops* greatly impairs its inflaming powers. To understand the extreme injury produced by such trifliog quantities of foreign matter, we must recollect that the action of plalinum-foti in electrical experiments may be destroyed by merely wiping it with the cleanest cloth. Accordinff to Mohr, the sponge when spoiled may be restored by treating it witn concentrated sulphuric acid, and washing with distilled water. This is more readily and easily efTcuted by first immersing the sponge in a .solution of chloride of platinum, then in a solution of muriate of ammonia, and subsequently heating it to redness; in this way an fn> tirvly new surface is produced. IMPROVED PROCMS OF COKIITO. The preparation of coVe has become a very extensive trade within the last ffw years, in consequence of the Increased demand for rail- ways and smelling operations. The small coal from many districts, which was formerly ot com- paratively little value, has now become a most important source of profit, and in some cases it has even been proposed to grind the large coal for the pur\|Kw« of making coke. Indeed, coke made from large IMPROVED l>llOCB88 OP COKINO. 445 coal has oerer the same density aad strength as that made from small. There U Mime difference as respects the management of different qualities of coal in converttDg it ioto coke. The great object of the coke-burner, is to produce a dense, compact coke* in sucb large mass* es, that in cases of long carriage, either by sea or land, these lumps of coke may arrive wiiliuui being broken up into such small pieces as \o be un6t for smelling or locnmotivr purposes. This object is most effectually acromplisfaed by burning large quantities of coal of suffi- cient depth to ensure long upright masses of coke in the oven at the end of the operation. But some coals, vhtch contain a large per centage of asb, form a coke which melts easily, anil the consequence is, that when the ovens are charged with too deep a load of coal, the coke has melted, and covered the upper layers in such a manner that the air cannot penetrate to the uaburnt coal at the bottom of the oven, and the produce is a mix- ture of charred coal and coke. Oa the other hand, when a coal coQtains a large proportion of ash, ]ttul does not melt in coking, the same result is observed, which arises, however, in a different Way. The mass of coke at the tpp which is first formed, of course, continues to burn, lear- ing its ash on the surface, and this accumulating, at length falls al dowD into the crevices, and chokes the fire before il has time to reach the bottom layer of coal; (bus, in Fig. 166, a is the ujibumt coal, 6 that partially coked, c ibe mke already formed, and d the ashes which have fallen down, and preventtr^l the accents of air to sup- port the combustion. ]n such cases, the difficulty of coking such coals is obviated by building smaller ovens, and loading litem lightly. When suitable coal exists, the advantages of heavy loading are very obvious. The whole mass of coke is longer exposed to the hamening effect of the fire, and the heavy products of distillation, ascending from the bottom layers of coal, deposit large portions of their carbon on the side of the already formed coke, thus increasing the produce from a given quantity of coal. The ovens about to he de- scribed are charged with from 10 to lo tons of coal, and produce a very excellent coke, both as respects quality and quantity. After the oven has ceased lo burn, the whole is made perfectly dose, and the coke kept in the heated state, contracts in bulk, and becomes much harder and more compact. In coke intertded (or iron and other smelling operations, where it is exposed to the action of a blast, long^efore it really doe<« iny efGcient duty, the above qualities are most valuable. Figs. 1G7, 168 and 169 are ligures of the same ovens, showing ^i^i...... 446 IMPROVED PROCESS OP COKING. ri\|. 167. ri\|. 168. them ia diflerent positions, about t«n feet in diameter, and 4 feet from Ibe floor to the springing of tbe dome, and in favorable Iocaliiie« each oven will cost about je25($135). a, Fig. 167, indicates a series of Biles under the tloor of the orens, ending in a chimney b, the object of which is to assist in coolinffthe floor as rapidly as possible after (he colce has been drawn out, so that there may be no diiitiltation of the coal of the next charge, which would lend to produce an in- ferior cokt at tne bottom. It may also be noticed here, that the dome ought to be made at S\a\ as possible, consistent with durabdity, in order to refiec' the heat as much as possibl down upon the coal, and pi serve the heat of the ov generally. Figs. 170, 171 and 17 show a similar form of o^e in which tbe smoke is, ho eTcr, carried along the flues 1o a high chimney, thus avoid* ing the inconvenience of the large volumes of smoke which are poured ^rth by a range of eoVe ovens; 6, Fig. 170, is a cattt iron pillar supporting a nihrajr for conveying the coal wagons to any particular oven, so as 1o he chuged in front, it ba\-ing been found that when the coal is more equally spread in the ovens by manual labor, the charge is burnt off in Jess lime, ifaao when the wagon discharges the coal into the oven all at once through the opening in the dome, independent of saving in the wear and tear of the dome occasioned by the passage of heavy coal wagons. A patent has been secured for drawing the whole of the c<:^e at once from the oven, so as to save labor and time, but it has not come into general use. Indeed, the great poial to which attention ought to be directed is, especially to increase the yield and the rapidity of the coking process', so as to save the great waste from the escaping gases m Fig. 1«9. ' The rapkliljr of ookins diminiAheit tbe yield of colce, tni (ivM moM oMapaeinttn U at wbidi i> proiliMted. Se* " Repon on American Conlt,' p. SIS, — As, E». 44& MANCFACTl'BE OP PATEKT FUEL. nncl small residiinl coke, technically called brees. The large ovei hnvf, in some mensure, remedieil ibis latter point, and an attc:mpt to convc}' the waste heat betfveen the lining of the ovens and the outer wall lo rafftlitate the coking operation, did not an<>nerin an econo- mical point of TJew, the first and subsequent expenses amounting to more than the gain. Another patent for separating the sulphur of the coal by electricit has met with no better success. The cost of making coke is so small, as will be seen from the lowing sialcmeot, that the truth of the above remark:^ will appc very obvious. Charging ami burning coke, with all attend^ ance re4\|uired, including tilling wagons Filling ovens nStfa coal Wear and tear of ovens J. d. 0 10 per Ion col 0 2 " " 0 2" " " Total coat 1 2 « " 28 cents.' MANUFACTtTRE or PATENT FVEL. The great object in the pro<luciion of this species of combustible has been to convert those natural fuels, which are in such a form as to be unfit for use, into an article possessing all the advantages of the more eKteemcd steam-coal, with this important additional recommend- ation, that it occupies less space. Peat and small coals hare accordinglv attracted the attention of inventors, but in many instances, the parties have recommended the miving of materials, such as clay, &c., which can in no way add to the value of the fuef. except perhaps as a retainer of the beat. We have, therefore, overlooked those processes, with the view of noticing two more fully, which have strong claims for support, from the realty valuable nature of the inventions. The first is that of Mr. Hill, who distills dry peal, and collects the p^roligTieous spirit and lar. The tar is converted into pitch, which he mixes, while hot, with peat charcoal, and thus renders a very bulky, and, for many purposes, valueless article, one of great import- ance. The other is much more extensive, and is being carried out into Craclice on a large scale by Mr. Wylam. This manufacture consists, owever, of several distinct branches, which it will be better lo pur- sue in their order. We hove first ihc separation of coal tar by dis- tillation into naphtha, dead oil, and pitch. The pitch is subsequently mixed wirh small coals, and moiddi-d, by pressure, into bricks. The naphtha is rectified and Bold as such, while the dead oil is converted into ivory-black. The tar ia mixed witli about an equal quantity of ' T1i(> ptH-c of Intwf tB the VuMd Suim will \|Mi>baUy oonMcnbif iDcrewM this mjimaiv.— Am. Ea. MANUFACTURE OF PATENT FUEL. water, vbtcb appears to i'aciUtate the separation of the oapfatba. The process of distillation is conducted by expasing the tar and water to the heat of a common fire in a large iron retort ^i, Fig. 173. Tvrq Pig. 173. {■■■n \mB pipes, B and C, uniting at £, convey the volatile products from thfr retort. During the first stage of the distillation, the pipe C is closed by a raire at d, and the naphtha and water escape through the swan> neck shaped pipe K, whicb is carried about 3 feet above the retort, to prevent any dead oil passing off at the same time, during any suddeaj ebuIlitioQ of the contents of the retort. The pipe then passes itirouE^D, a condenser F, kept cool by a stream of water, and discharges the napliihaand water into tlie vessel G. The naphtha floats on the top,, and 6ows off in a conrinuous stream at ^, while the water syphons itself off by the sypbon H, Fig. 174, as it accumulates. As soon a» Fig. 17. " ! "i_ r i:i, all the naphtha has passed over, the pipe c is op«ned, and more beat applied, until the disiillaiion of ibe dead oU \s complete. The pilch which remains behind, is ultimately drawn out by an opening at the SB 460 HASttPACTtJRE OP PiTEKT PD»L. lower cod of the retort, into shallow slone coolers, /aboifS the lire- places, and A K Ihe flues for heating; the retort. Fig. 175 shows end vitrw of the swaa neck of the retort. Pig. 176. The naphtha is re-dtstilled from a vessel /, after being mixed with i small quanlilf of water. Instead of Ihe heat of a common fire, Btean, in this case, is applied by the pipe K, as shown in Fig. 176. An intermediate vessel L is placed between the still and the oondeDser, to retain the products of any sudden ebnllition. The condensatioa and separation of the naphiha and water are conducted in the sane 'manner as has already been described. The tetter / shows how the cold water passes to the condenser, and m the exit pipe of the healed iraler, after sening the purpose of condensation. The naphtha from lis second distillation, is then mixed with chloride of calcium, or quick'lime, and subjected to a third distilKilion in a similar apparatus, when it is obtained perfectly mlorless and fit for sale. The dead oil obtained as the second product of the disiillalioa of the coal tar, is sokl for the purpose of illumination on the quays of manufactories, rail way- wortrs, &c., as a solvent for pitch, in which Case it makes a valuable varnish, for coating wood and iron-work ex* posed to the weather, and lasttv, for the manufacture of a very supe* rior iviijy.blatk. The arrangeraenlB for making the ivory-black are very simple. The dead oil, which is kept in a large reservoir, is heated by means of steam, to render it more fluid, so that it may fiow through Ihe pipe ^ (Fig. 177) more easily, and makes its exit at J). Fif. 177. rAMtrPAt ceives ihe fuel paste, u and x two cylinders similar to the cylinden of a steam engine, but worked b^ water, r y the pistons to wbicb t«-o rams are attached, each baring six arms that fit act^urately the moulds B By and z is a lever worked by means of the motion of the piston y. The moulds are iilled from the vessel Sy as the table is made to re- volve by the movement of the lever z. As the moulds approach the cylinder u, the piston descends and compresses the fuel with an enor- mous pressure, and nAer the piston ris4>s, another set of moulds take their places, while the piston y of the cylinder xhaving^ descended at Ihe other end of the table, the six bricks are forced out of the moulds, and are received below ready lo be stamped with (he maker's name. ITie machinery and the whole arrancementsare exceedingly beautiful. and the accompanying sketch is only intended (o convey an idea how chanisra. the process is effected, without allowing all the details of the me- One of the manufactured bricks was reduced to powderj and fur- nished the following results. 1. 4.56 grs. burnt with chromate of lead yielded CO. . . 12.81 grs. s Carbon . . 3.493 H,0 . . 2.13 grs. = Hydrogen . .235 2. 25.93 grs. in Will and Varrcntrap's apparatus yielded 6.41 grs. platina salt <~ .4 grs. nitrogen. 3. 123.27 grs. left S.72grs. ashes. Hence the composition in 100 parts will be as follows: _ Carbon . .' T . 76.60 V Hydrogen Nitrogen Oxygen . Ashes 5.15 1.54 9.63 7.08 100.00 A metallurncal assay furnished the following result, 123.27 grs. in small pieces left 84.74 grs. coke. Hence Ihe composition in 100 parts: « , S Carbon . . . 61.67 ^''^i Ashes ... 7.08 Gaseous matter . . 31.25 100.00 The pitch employed in the manafaclure of the patent fuel possesses a specific gravity of 1.01016, and the analytical results were as follows : «1. 4.265 grs. burnt with chromate of lead furnished 'f CO • . 11.54 grs. = Carbon . . 3.147 I H,0 . . 3.11 grs. = Hydrogen . .346 I- 2. 163.10 grs. left 93 grs. ashes. Hence HEATINn AND VENTILATION OF DWEtLINGS. 4&3 Carbon Hydrogen Oxygen . Athei . . . 73.56 . S.OS . 17.79 . .57 I I I 100.00 The pitch contained no hygmmetric moisture, and this patent liiel only 0.86 per cent. A glance at the above composition of the pilch prores how valua- ble the substance must be in the manufacture of a fuel destined for raising steam on board steam- vessels. The large proportion of hy- drogen and oxygen, add materially to the amount of heat it will evolre, and the facility of its combuslion. And it must be obvious (o all, lliata fufl manufactured from this b'ubstance in proper proportion, and a suitable small coal, wilt far surpass any natural coat for steam pai> poses.' '^'* APFLICATlOIf OP BEAT. Htatinf^ and Ventiiation of Dw^Ungt. — The advantages of an open fire-place are so numerous and so highly prized by the inhabitants of the coiiotry, whose ideas of comfort and sociability are directly connected vriih the fireside, that it is not likely or desirable that other modes of heating rooms or dwellings will or should ever entirely su- persede this old established plan nf obtaining the necessary ftmnunt of warmth. The open fire-place and chimney atlbrd the simplest possible means of creating a thorough circulation of air throughout the inhabited room, a condition which can never be dispensed writh w^ithout injury to health, and which is entirely absent in those arrange- ments on the continent of Europe, where the fuel is introduced into the stove on the outside of the room, and is supplied with the requisite amount of air from without also. The change of air in rooms under such circumstances is dependent entirely upon crevices in windows and doors, and as these are avoided as much as possible in the con* structioQ of the houses, double windows and double doors being fVe-,' quently employed, the air becomes vitiated where many persons are ~ breathing in the interior in a very short time, and the sallow com- plexions and stovo-dried appearance nf pi^rsons habitually occupying such dwelling-rooms are visible proofs of the injurious tendency which it must exert upon bodily health generally. The ordinary arrangement of the fire-places in our dwelling-houses at present, however, is connected with several inconveniences. There is always a very considerable loss of heat, and a very unequal tem- perature is dilTused in the difTerent parts of all rooms, which are heated solely by one fire-place. The supply of air to the fuel is fur-^ * The nlwvff inn<lDiiia) produois or iho (Itoiillii^Mi oT cont to prodnc* illumlnadDB gas, prom? hnw inipormiil »k ihnsc rr«ulb of Oic mnniirnnlure which bnva hflli«rlo bmu. bIrmmC wbaWj nrglecled in Ui« United States.— Am. Kd. 4M HBATINO AND VBKTILATION OF DWELLINGS. nished bj the crevices in doors, or other parts of the room onlVi and wherever this air is ailmiileit, a ilraiighc must be occasioned, and, con- sequently, persons sitting b; the ^re, ate constantly exposed to the un- pleasant sensation of having one side heated excessively by the radiated heat from the fire, whilst the other side is cooled by the cold air rushing in to maintain the combustion of (he fuel. Draughts of this kind are exceedingly objectionable, and can only be remedied by some plan similar to those described below. Another objection to the open fires and chimneys, is the downward drau^t frequently occasioned iu neighboring chimneys not in use, by large powerful fires in other rooms of the same building, and which are not supplied from other sources with sufficient air for the consumption of fuel going on in them. Font air, carrying with it particles of soot, w thus dissemi- nated throughout the rooms, to the detriment of health and cleanti- ness.* In order to moderate as much as possible, the inevitable loss of heat which the use of open hearths involves, and yet retain all the advantages of the open fire, numerous contrivances have been devised at diflerent times, and amongst the most successful of these are Syl- vester's stoves, which are now becoming very general in the best arranged houses in London ; the fuel is placed upon a grate, the bars of which are even with the floor of the room, and air is supplied to the ash pit below by a series of passages which pass under a hearth composed of separate bars of iron, arranged in a radiating or other- wise ornamental manner in front of the grate. The radiant and con- ducted heal from the fire is thus made to wann the hearth »iid the air passing below it, which is consequently warmed beforu reaching the fuel, and in an economical point of view this is of course advan- tageous. The warm hearth and the low position of the fire are also means of disseminating tlie heat much more efTectually than is done by the ordinary arrangement of the fire-place. The sides and top of these stoves are constructed of double casings of iron, and in the sides a series of vertical plates, parallel with the front facing, are in- cluded in the interior, which coltect, by conduction, a great portion of the heat generated from the dre, the mass of metal of which these are composed being so proportioned to the fuel consumed, that the whole can never nse above the temperature of 212^ F. under any circumstances. The sides and top of the stove are thus coarevted into a hot chamber, ofTeriog an extensive surface of heated metal; at the bottom, by an opening in the ornamental part, the air is allowed to enter, and rises as it becomes warmed, traversing in its ascent the diflerent compartments formed by the hot parallel plates, and is al- lowed to estrape at the top by some similar opening into (he room. A current of air is thus constantly traversing (tie hollow sides and top of the stove, colleciing the heat communicated to the metallic mass, and disseminating it through the room. If allowed to enter the room ■ On the heBling by Aum IVom anihiante rurnMM, kml tiM rvfleclions wbidi led Kk ■ thu tnal« of rmpinyin^ tli« Tuel, ■«« aborv pp. 99, 99.^Am. E. m BSATIIfG AND VENTILATION OP DWELLIKGO. 455 by the top aperture, the air would now be in the rarefied, dry state -which i« considered very unwholesome; a basin of water is conse- quently introduced into the top of the arrangement, and evaporates rapidly by exposure to the air, comroanicntinglo it the proper amount of moisture. I^igs- 182 and 183 represent two modtRcations of these stoves : the one, Fig. 183, is intended to stand forward in the room ; the Pig. in. Fig. IS3. m^ other, Fig. 183, to fit into the recess of an ordinary chimney. At the back is aseriesof loMvres or flat bars like those of a Venetian window blind, by opening or clo^ng which, a greater or less draught can be created, according' to the amount of combustion required. The whole opening into the flue behind can be closed when ihe lire is not in use, by one of Mr. Sylvester's patent adjusted sliding-doors. Fig. 184, which form a valuable addition to every chimney, and from their important applications to other technical purposes connected with the econt^ Fig. IM. l^i^HHpnoiH^ ^n- b^^^-'^ 456 BSATIMO AMD VSHTILATIOK OF DWELLIHOI. mical use of fuel^ deserve more particular uotice. These doors an coDstructed in such a manner that they slide io contact with the planed surfaces, a portion of their weight being distributed against the sliding surface, for the purpose of preserving contact; thej are provided also with friction rollers to support them on their bearing bar, and in order that they may be easily moved. Chimneys not in use can be completely closed by this contrivance, and the disagree- able downward currents, mentioned above, are most effectually stopped by closing the door. These doors will also be found of muta service in the case of a chimney taking fire, for by closing the door all air is prevented access to the burning soot, and the fire speedily extinguished. Applied to furnace or boiler fires and ash<pits, in the manner re* presented at Fig. 185, they afford a means of regulating the draught to a great nicety, and thus supply one of the most important condi- tions for moderating the combustion of fuel. For these purposes they may be lined with fire-brick or clay. Fig. 186. Fig. 1S6. The same contrivance is applied to soot or fine doors, Fi^. 186, introduced into chimneys for the purposes of cleansing, which can thus be accurately closed, and will prevent any interruption to the draught from side car* rents. , The economy of heat and fuel is very great in the kinds of stoves or fire-grates wbi^ have just been described, but the air which' supports the HEATltEG AND VENTILATION OF DWELLINGS. 457 i combustion is supplied in the ordinary manner from adreniitious sources, and the only modt; of remedyine this, with proper attention to ventilation at the same liine, is by atfording a distinct entrance to pure air from wiibout the building by some pa&sage made i-xpnrssly for that purpose. Mr. Sylvester recommends tliat a subti^rranean pa^ sage be made from the basement of every )iou!t« to th«; garden, that the entrance to this passage be furnished uith a kind of revohing hood which shall turn eusil^' and present an opening To the wind, that the air which enters this passage be caused to traverse the heated sides of a lar^ store, constructed u\|K>d llie same principle as that dtscribed, and be conveyed from thence to the diflereni passages and rooms of the whole house. The extraneous entrance of air is thus rendered unnecesj^ary, the air which is supplied may be healed in cold weather to the proper temperature by the slove in the bssemenT, and being supplied in this stale to the dwelling- moms, no unpleasant or injunoua cold current will be felt, a small fire in the grate of each inhabited room will cause quite suQicient draught to afford a constant renewal of fresh air, and the small quantity of fuel which will then be requisite in each room, will fully compensate for the consumption in the large general fire below tor supplying the constant current of warm air. In summer, the same arrHngcment will be a source of ptire cold air, which in winter supplies warm air, and thus perfect ventilation will be established independent of windows, doors, Stc. For large buildings, churches, theatres and rooms where great num- bers of persons are ronslanlly congregated together, a thorough sup* ply of pure fresh, but at the snme lime genial atr, becomes an object of the greatest consequence, although, until lately, it has attracted but little attention. Uur chufches are, for the most part, filled with roasted and over-heated air, and the upper parts of our theatres can- not be endured by persons of delicate constitution. The inconve- niences attending the want of proper ventilation are, however, be- ginning to make themselves felt, and numerous plans and experiments have b«eD undertaken to eflect this in the most complete and econom- ical manner. The plans proposed and carried out in some of the large buildings, are so various and in manycnsessoneWfthat they must all he considered in the tight of experimt^nts, the respective values of which can only he asctrrtained alter a more lengthened trial has been vouchsafed them. The main object is, however, Ibe same in all, and involves ihe supply of a certain portion of fresh air to a cer- tain locality, either warm or cold, within a certain space of time. Hie amount of air constituting this supply varies, of course, with each individual case. Indeed, it does not nppear that philoMphers are agreed as to the mean quantity of air required by a number of individuals during a given time, and until this point has been defini- tively Settled, the calculations which must obviously be based upon it, will necessarily dilfer according to the standard assumed by each observer. There can be no doubi, however, that it is preferable in ibe meaolime, until that question »butl receive a dehuite answer, to 458 HKATIKG AND VEITTILATIOH OP DWELLINGS. supply an excess oi fresh sir rather than a deficieocy, vhich has ss yet been the preraleot ertor in practice. In the British House of CommoDS, vhich hss been renttlated uoder the superintendence and according to the plans of Or. Reid, the sir is supplied to the basement of the building, passing first throudi s fibrous veil 42 ft. long by 18 ft. 6 in. deep for the exclusion of visible aoot, it arrives at the heating apparatus, consisting ofla^ chambers intersected by steam pipes, and proceeds from thence to other cham- bers, where it can be mixed with cold air and brought to any required temperature. The floor of the house is double, and the space bebw the floor can be connected by means of valves with the hot-air cham- ber. The floor is perforated by a great number oS apertures, and these are covered with hair-cloth, so that the hot air in escaping from the floor into the body of the bouse is infinitely divided, and no per- ceptible current is experienced. Having performed its functions, the vitiated air ascends to the ceiling, which is also double and perforated, in the same manner as the floor, whence it is carried ofi* by the draaght created by a powerful fire under a chimney shaft erected in aoouer part of the building. The plan adopted by Mr. Barry for warming and ventilating the House of Peers, the royal ante-chamber and the public lobby, differs from that just described both as respects the admission of the air and its removal. The floors of the rooms are impervious, and are heated in the first instance simply by the passage of hot air below them, the hot air then escapes by passages along the external sides of the rooms to the ceiling, which is divided into two compartments; the one for the admisMon of the warm air, entering at the sides from below the floor, and the other for the exit of tb^ vitiated air. The warm sir after passing below the floor to the roof becomes somewhat cooled, so that its temperature on entering the ceiling is a few demea lower than that actually present in the room; it consequently deicendf to the level at which it is at once heated again, and, deteriontcd by combustbn, respiration, &.c., rises through the centre of the leom, passing through the ceiling to a foul-air chamber above, whenee it is conducted to a chimney and carried 00* by the peculiar motiTC poser first applied by Mr. Bell to the production of drau^t. This pover consists of a jet of steam, which, when produced under pressnre at 38 lbs. to the square inch, is capable of setting 217 times its balk of lir in motion ; 10,000 cubic feet of air are thus gradually diffused thnngh the three apartments per minute, no draught ftf any kind u penqh tible and no inconvenience is experienced from dust or olbec md particles being carried mechanically forward by the air, ii uiudto be the case when the air enters from below. In other cases in England, as at the prison in Milbank, warn air is admitted at the ceiling and carried off by the draught of a diuuiey in connection with the sides or lower part of the rooms. At the Re- form Club House, and at the new Hospital for Consumptive Patients at Brompton, warm or cold air is forced forward, or pumped into chao- nels conveying it over the whole building by a steam engine in the const' MPTIOK OF SMOKE. 459 baeetnent, and is allowed to find its own escape through chimnejra and other apertures. COHSUUPTtON OF SMOKE. The prevention and consumption of smoke have of late attracled greet nttcniion. A committee of the Brili&h Hoiifu? of Commons has <'oUected endence with the view to legislation, while the Health of Towns Commissioners have drawn incrfrieed altenlion to the whole subject by an attempt lo estimate the many damages the public sus- tain from uQconauraed smoke. There have also been nearly forty patents secured in England, independent of many other plana whick have been suggested, a» capable of removing or modifying this evil. The previous section on heat and light, contains all that is neces- sary in (be way of general remark on this subject, from which we readily infer that smoke, [by which is meant the black carbonaceous panicles,) is either the result of a delicienl supply of air, or of too great a supply at too low a temperature. In countries where bitumi- nous coal is the chief fuel, it is extremely diihcult to employ a plan which shall be applicable at once lo the volatile portion of the coal and the coke which remains on the grates. Where anthracite is em- ployed (his nuisance is wholly avoided. It would be impossible to notice all the plans which have been proposed to accomplish Thi.s ob- ject ; we can only revert to (wo which appear to have been the most succes-^iful. Mr, Williams* plan consists essentially in admitting a current of air behind, or through the fire-bridge, in several small jets or streams, rig. 187. 460 CONSUMPTION OF flMOKE. as rf-adily to mix with the mass of healed hydm-carburets in tbc escape from ihe fuel on th? grMe bars, as shown id Fig. 187. k reprt senis Ihe boiler; d ihe 5re-ttoor tinted with firr-clay; a the ash-pitf whence ihe coke on ibe fire-grate obtains its supply of air ; g the nre- hridge, behind which is found »n iron box e pierced with a number of small holes, through which the air streams from a tube b rommuni- t-Dling with the oulside. The space^ is intended lo act as a difru8i<^^H chamber for the more perfect mixture of (he air and gases. ^H The other plan ia that of Messrs. Howard and Co.s. Fig. 188 Fif. 1S9. represents a front view of Ihe boiler and fire arrangements, where is the boiler, b the feedine door, c door for removing the cioders, &Ci d the ash-pil door, through which the admission of air is regulated slides, e another door for the regulated admission of air lo the posterW \|>ar1 y of the fire-bridge g, Fig. 188. The cooking plate A must I ouill of fire-brick or stone. The coal is first coked on the above plat^ and then pushed over on to the grate bars, where there always esi a bright surface of burning coke. The gaws gcneratctl in cokingj I fresh portion of coal pass over this heated surface before they come contact with a fresh supply of warni air aty, and thus an almost pt ' feet combustion of smoke is the result. The saving in fuel produced by Ihe^e plans varies form J to J the whole, and was, therefore, well worthy the attention of nianufa turers; and where there exists a prejudice against patents, a vt beneficial result would follow tbe previous coking of the coal or broad plate made of stone in front of the fire, and the admission of] fresb supply of air at tbe back of the firebridge. • BilcrrV impfovtrooni in «™m Uiilw funMuw* rMCTnWr* ihe »hcr, • ttr:nt».]iy u( m cuntMiM of IriJftt rntm-ttmr* Hve or nu>re tn nuniljer, Vjinil (liiianrr* ntonp iltP flrn-Hii'- fium fnml to n-«r of titr tmilrr. Km-h to nik' CBrC InU'^ill* Uie tmir intPlxk-it 111 (rvrtd^rnti' lJ\|'«-itftl» ilm tiU \|ri«»i^. •ihI (it>p t'l l<l or Ikem oeaictL Uia pnte k» futniibeil witb ctiwntwra anJ pcrrumud plate LAMtt. 461 LAMPS. Oil Lamps. — The principle of the lamps conslrucletl by Benkler ami Riihl, and clt'scribcd in Ihe text at p. 200, has also been farri«l out in Eng'land in the lamps first introduced b}* Mr. Smith, of Birminghnm, under the name of Solar Lamps. The main point in the peculiar construction of these lamps, is the manner in which the air is caused to impinge upon the flame by the adaptation of a metal- lic or gloss cone, represented at a in the fijjures below.* The intro- duction of air at this paiticular part of the ilsme, or at this certain Fi(t. 1S9. angle, admits of crude cheap wl being consumed in the lamps, which would produce smoke if burnt in lamps of the ordinary construction. Tbe combustion of this oil in the ordinary manner being aitemled by ^•dmiinon of air tn burn anjr comburtibln f»»e». Like Hcw«r<< St Crv's, Bnkei'i TitrtMre ■Inadaiitslh* bol inm tu plnr«piiiit the rwtr cful of lli« l'>i!(rr. S>v«-nil Diniiurnptiiffri anH (ri)uTH \mvr vnificil w the )ulv«nM\|CP of llii ■mniPBmeDt of tumme^t. (>^>v)tl\|{ ttmt ihc piin in rynpcirniiro power of fuel Ottt dM old Aetottit* pbtn ot MnanKirtg rj-lin tlnnlflcnrnlN^iitrrs.Bmouni* in mmtaeatnto iM«Hf 100 pvt c«jii. Tli«f»tri» m llputy T. blt«Y nf Bnotnn. bmn data May 30. iS-tC— Am En * For dofcriiiiion of CorDt-liy' loiar Innl Ump, (« abbft, p. 910j— A«> Ea. 2o* i 462 ELLIPTIC LAMP. an CTolution of smoke ind smell, ioiliratiDe ao imperfect consamptioB of the constitueDti of the oil, gives Hm to the necessitj for an iocreased supply of oxygen or air to that partirular part of the flame where these uncoDsamed portions are erolred, to produce the inodorous and invisible products which alone should result from perfect combustioo. The oil in the solar lamp is contained io an annular Tessel, similar to that described at page 141, and the lamps are constructed io pre- cisely the same manner, with the exception only of the burner. The first form in which the new burner was introduced, is represented in section at 1, Fig. 189, and consists of a solid metallic box fixed upon the circular wicx-holder of ordinary construction, so that the cone or contracted aperture a, shall be barely \|tbsof an inch above the top of the wick'holder ; this relative position is obserred in all the burners. This form of cone box was found very inconvenient by becoming exceedingly hot and throwing a considerable shadow ; it was conse* quently toon superseded by that represented at 2, Fig. 189, in whidi the metallic box is very much diminished in size, and the cone is compoaed of glass, with a smaller ring of metal round the mouth a. This ring of metal is essential ; it* is necessary that the aperture should be always of the same diameter, and glass cones can never be made with sufficient nicety to present at all times an exactly similar mouth. Messrs. Whitfield and Hughes subsequently replaced the solid box, by the open skeleton cone bolder represented at 3, Y\g. 189, called the screw cone glass-holder, in consequence of the tall thin chimney being screwed on to the top of the holder. Hie last improvement u the ^ate cone glass-holder of Mr. Smetharst, represented at 4, Fig. 189, in which the metallic cone is replaced by a flat metallic ring fixed upon a skeleton support, the external edge of which fits closely to the glass chimney. In the last form of burner, little or no external current impineet upon the flame from the outer sides of the cone or its substitute; hnt the flame is only forced inwards so as to come more completely in con- tact with the current of air passing through the interior of the burner. The solar lamp has been extensively used in consequence of the low price of the oil which it consumes; it requires, however, a good deal of care and cleanliness in trimming, the wick must be freely cut every time the lamp is used, and the reservoir should be refilled with oil. A form of pressure lamp, called the Elliptic lamp, in which the coii- Rtant flow of oil to the wick is regulated in an ingenious manner, has been patented by Mr. Meyer, and is found to answer perfectly, even when crude vegetable mis are consumed in it. Fig. 190 represents an entire section of the lamp, the foot of the lamp forms at the same time the oil cistern, it is of a cylindrical shape, and a leather piston or valve B, is worked up and down in it by rack and pinion seen at X, F is a spiral spring of strong iron wire fixed at the top to the solid stem of the lamp, ana exerting a constant pressure on the piston, so long as it is in any position above the bottom of the oil cistern. The tube D, which opens at the bottom in the shape of an inverted funnel, ^^^^^ E L LI "tic la mp7^^^^^^^^P^^4SS^^^H H flod ends in a disc pierced with y,^^ i^o, ^H ^ holts, suppliestheoi toihebiirn- . . ^m 1,1 er, and passes in an air-light ■HP^HI 1 H manner through a stuffing box in H the piston £, and can thus b« ^ H ronved with ease, the piston re- ^m ■ H maining stationary. This tube ■ H D is widened above on approach* ^B ~ ing the burner, and receives a ^^H 6ne silver tube several inches H B long, and ,\,th of an inch inter- ^^H H nal diameter^ which is surrouiid- ^B 1 ed by a cap of gauze, made of ^^^L H copper wiru' tinned, to prevent ^^^^^^^^Hl 1 corrn^on. This gauze has very H small mesbes, that no solid H particles mechanically mixed ^1 ^^^B H vriih tbe oil may be carried up ^^l^_ .^^l^^^l H into the silver tube, and thus im- ^b '#iH H pede or altogether slop the pas- WB9MWM H sage of the oil. Tbe whole of H the oil muBt pass through the ■ silver tube before reaching the ■■ '" mIH H burner, and tbe friction thus ex- H eried against the staea of tbe 1^ '^1 ■ narrow tube is tbe only resi^t- B ance oSered to ibe oil, nhich ^^Hi ^^ 1 would otherwise be forced np all ^^^1 H at once to the burner by the ^^^^1 ^^H ^^H H pressureofthespind spring, lliis. H therefore, is tbe regulator for the 1 supply of oil, and must be so ^^^^^^^^^Bfeiik ^^^^H H proportioned in length and bore H to the force of the spring, as to H admit of a constant excess of oil H flowing to the wick and over the ^^^H^^^l H sides of the burner, where it is ^■^^^■^H H caught in a receptacle, and car- 1 B ried back into the oil vessel at ^^^^^^^^ ' ' ■ ^^^^^^^^^^H^^^^^^^^^B H the fool of the lamp. The lamp ^Hik ^W^l H is hlled with oil by slightly rais- ^Hi HKH H ing the whole interior portion H from Lt and pouring oil through ^^H( 3HH 1 ^^H^ VSH H the stem to the cistern below ; ^^^Hi 'Wl H the oil then rests in the first in- H stance on the top of the pitton. ^m^^^^H^Avri B^i H The whole interior portion of the H lampisthenwound up by the Itey H S K and the rack-work L, until 1 -464 ZCOKOMIC LAUP. Ihe top of (he cistern prevents the piston B from nscendinj; higber. The tube D and the burner, &c., attached to it, is then puslied dova by the hand ihroush the stuffing box until it attains its ont^inAl posi> tion. The oil whirh was previously above, having passed during the ascent of Ihe pislun between it and the wdcs nf the cvlimler, is now below the pi5lon, and the spring in forcing the Inttcr down will lend to force the oil out through the tube J) to the buraer. The force of the spring and the resistance olfered by the silver tube are so propor- tioned that the supply of oil shall last 8 or 10 hours. The thick consistence of crude whale oil offers such powerful re mstance to the action of capillarity at the ordinary temperature of the air, that the oil cannot be burned in coranion lamps, unless it is pre- viously n'ndrred more fluid by Ihe aid of heat. To effed this a very ingenious form of lamp has been introduced by Mr. Parlcer, called Ihe Lcnnnmic, or hot-oil lamp. The oil reservoir of this lamp, Fig. 191, is composed of a double cylinder surrounding the upper Vif. 19). part of the chimney, which is constructed of metal and slightly curred outwards, so as lo reverberate the heat upon the oil vessel, and heat the oil to a considerable exlf^ni. The hot oil then descends by the arm to the burner, aa shown in the figure. The lower pari of the arm, which is attached to Ihe oil vessel, is Ibrnisbed with a slide valve worked by ihe trigger, so that the supply of oil can be cut off by FHising the trigger, and the oil vesstfl entirety removed from the lamp for the purpose of filling, &c. The oil is infrodurfd by this vnlve, the oil cistern being inverted, and this should be refilletl each lime the lamp is used, care being taken that no air remains in the veosrl, aa Ibis wnuld be rxpnnd<^l very much hy the beat, and cause the oil to overflow. CAMPaiNB LAMPS. 465 The flame ii regulated bjr raising or lowering the beI)<roouthed glass cbimoey, which rests upon three points below and is mored by rack and pinion ; the wick is not movable, as is the rase in ordinary lamps, and a ftfsh wick, which is accurately cut by loachinery ex- pressly for this lamp, must he inserted every (imp the lamp is nspd. A paper or glass jsliade surrounds the whole of the upper part of ibe lamn^ acconling as the light is reijuired to be thrown dnwnwanis or uniformly ditfiiswl through the apartment. Dr. Ure has reported the illumiaating power of this lamp to be superior to that of Carrel's mechanical lamp, and when consiirattig southern whale oil, it wnuld appear from his sJatements to desen-e the appellation of the " Eco- nomic" to the full extent of the word. Camphine Lumps. — It is only within the Inst few years that oil of turpentine or camphine has been successfully introduced into general use as a source of illuminalinn, and it is by applyinf; the prinriple of Ihe solar cone in an extended manner that ihis highly carbnnaceous substance can hp completely and conveniently consumed. The method of procuring oil of turpentine by dislillation from the cnitletur* penline has already been noticed at page 1 29, but rhe oil obtained from the first distillation must be repeatedly rectified over chloride of cal- cium or some similarly active substance in order to free it from all water. The pure oil is clear, colorieps and very mobile, it has a pecu- liar smell and a burning taste. Its specific gravity is O.Sfi to 0.87 ; the commercial oil is frequently adulterated with resin, which raises the specific gravity, and which increases in quantity when ibe oil is exposed, in consequence of the absorption of oxygen from the air. When pure, the oil boils at 312^, and contains no oxygen, but con- sists of: 88.46 carbon 11. &4 hydrogea 100. which corresponds to the formula C„ II,. A glance at the composition of this substance, containing so large an amouoi of carbon, shows that it must be a powerfully illuminating body, if proper modes can be Rdopl(-<l of supplying a sufficient quantity of oxygen or air for the entire consumption of the two combustible constituents, and at the same time so regulating the order of combubliun that the full amount of light shall be obtained from it. Mr. Young was the first who applied the increased draught of air produced by a cone 1o the flame of oil of turpentine. The burner of Young's Vesta lamp is shown in Fig, 193. It is an ordinary .\rgand burner with a Liverpool button <i, for deflecting the internal current of air, which enters by a space left open near the pinion handle and I passes through a, against the inner side of the flame; b is the wick H tube and e Ihe space between the latter and the cone, which only rises H in this case to the same level as the burner. Through c a current of ^1 air impinges upon the Hzme at that part where it is expanded by the 466 CAMPUINE LAMPS. Tif. \n. button a and the internal current of air, and again the air in passing up Ihe inner sides of the chimnpy is deflected inwards upon the ilami by ibe contracted portion at e. is the pinion'handte for raJKtng of \| lowering tbr wicW. The whnle of i the burner i^acrewed upon Ibe glasf vessel <^^nlaining Ihe oil of turpen- tine, and completely insulated by it ring of wood oc other non-conduct- ing material ; no metallic tube passes through the spirit to supply air to Ihf interior of the flame, as it was supposed that this would become Iw strongly heated and give rise lo acrid and offensive fiimes from the %'olalile spirit. Fig. 192 shows a plan of Young's burner. This lamp, when properly managed and yupplitrd with pure carupbine, givefi an excellent light, much su- perior to that produced by any oil lamp; but if attention is not paid lo the management, or the r.am- pbine is not pure, it frequently evolves a strong smell of turpentine, producing head-arhe and other dis- agreeable sensations, orlarge Oakea of soot escape ttnconsumeil and cover everything in the vicinity. The evolution of smell or soot is always (he result of imperfect cotn- buKlion,and the lamp has been mo- dified in different ways lo avoid the posfibilily of unconsumed pro ducts being evolved. The lamp which fulfils ihe con- ditions for the perfect combustion of camphinc in the most success- ful manner, is tbe Gem lamp, pa- tented by Mr. Roberts, a section of which is shown in Kig. 193. It differs from Vounu's lamp, in the mode of deflecting the currents of air, and in allowing t)ie Argand lube supplying the internal cur- rent of air to pass through the reservoir containing the oil of turpen- tine. In Fig. 193, a is the tube supplying the internal current of air which passes through the reservoir o to the burner d, with which it is in metallic conoeciion, ajid it is not found that Ihe turpentine is heated by this tube to more ihan 1 or 2 degrees above the tempera- ture which it attains in Young's lamp; the temperature of tbe spirit CAHPniITE LAMPS. 467 both cases being from !0 to 15 tlegrees abore ihe temperature of KiK. IM. I in (he surrouadiitg air; and ibis api>eBr)t to be do more than is required for the pro- per action of lamps of this descnptioD. The button /, which deflects Ihe inner Cur- rent upon the Qami, and forces Ihe Haiue to lake an outward direction and cotne into contact viih (he first outer currenl. has the form of an inverted cone, and the deflection of ihe air is con- sequently not 50 abruj)(. The supply of air lo ibe in- side and outside of the cone is regulated by a series of hoWs drilled in ibc brass gallery, and (be number nnd size of these holes are proportioned to the «xc of Ihe burner, or (o the qiian- lity of air admitted through Ihe internal i-hannel. Fig. 19-V i^how.t a plan nnd section of the gallery, C is the space occupied by the inner current of air, deflected outwards by the butlon. Ji ihf first series of holes ad- milting air to (ht; interior of the cone, and B tlic series of holes through which the air passea In the exterior of the cone. The circle .'7 has 3^ holes, drilled with a drill I'jth of an inch lit diameter, the circle B has alw 3^ holes, drilled with a drill ^^^h of an inch, this number and size of the holes having been fouwl by a jieries of experiments most advantageous for a burner of the dimensions represented in the drawing. The coner, Fi^. 194, in Ibis lamp rises above the level of the witk tube, so that the inner cur- rent of air and the first outer current meet the llanie below Ihe button Bl the point represented by the meeting of the two arrows, t'ig. 19.1. Tbe outer current of air. passing through the holes in the circle 0, meets ihe tlaiue »t a higher levrl, and insures the complete combus- tion of any products that may have been unconsumed after passing I I I k 468 CAHPRIKC LAMPS. the jwinl where the arrows meet. The height of the chimney will of course tiiaterinlly Hirer the liraiig'hr, anil an nddtttonal quaotity of air must be admitti^J if the chimney is beighteoeJ. The proper quantity of air and Ibe direction of the ditferent currents to those parts of the F^. I»4. flame where they are most beneficial are the objects aimed at in the consiruclion of this lamp, and they appear to have been attained more perfect!)' in the Gem lamj>, than in any other fipirit lamp yei invented. A Gem lamp of the larger form is reported to give a light equal to 20 wax candlea ; the light Irom oue of the ^mailer size is equal to 13 wax candles.* • Sf aim?'-. [1. tfl, lof 0 ■t.>«ciiplw» of Grc«aoii]jli's diemkiil ujl lamp, wl.iAi c!owl]r 470 CANDLES. along a whole range of them at once; a slight twist being given the whole of them the of thf "hine. The operation ilipping candles is also performeil more rapidly by a machine similaj^j to that represented in Fig. 196, each broarh being .supplied with i^H number of wicks in the manner describetl above; yo of these broach^^^ are ranged side by side, and then constitute what is technically termed njTanu. From 30 to 40 of these frames may be suspended upon the same machine, which will then supjiorl many thousand candles at the same time. A ve»sel of melied tallow is placed in the front of each machine, and the frames are brought one aller the other immediately above it and dipped. By means of a lever moved by the foot, a wip- ing-board is lowered after eacli di\|iping, which wipes (he excess of tallow from the lower ends of the candltii. A kind of steelyard, which indicates the entire weight of the whole frame of candles, enables the workman to ascertain when they have been dipped a sullicient num- ber of times, and when that has been effected, the frame is set aside, that the candles may become dry and hard. The machine used in the manufacture of stearine, cocoa ^stea tin e, composition, and other mould cHndles is still more deserving of notice, as in ditjchiirging the one set of candles from the moulds, tt rewicka the moulds for the next process of filling, and thus saves a very great amount of labor and time; a frame of metallic moulds is furnished at the one end with a wick box, in which a separate ball of cotton is preserved for each mould. The wick-cottons enter the mou!d.i at the top, and are forced forward all at once to the lower end, by ihe same contrivance as pushes out the candles already lbrute<l in the moulds; as GQon aK the wicks arrive at the Iowlt end of the moulds they are held tight by a series of forceps attached to a rod, and the frame is wicked for hlliQi;: the frame is pu; ready along Fi((. i«. boring railway by a hoy, as shown iu Fig. 197; it passes througbj hot cupboard that the moulds may be warmed to a certain temper GAS FOR ILLUMINATinN. 471 I I I tare, and is th«n filled frooi a vessel containing Ihe fluid fat by ns many cocks or outlets as there are moulds lo l>e filled ; a certain time is then required for the material to harden, depending of course upon the nature of the mixture, the forceps and the superftiioua lallow or composition is remored, and the frame is returned hy the railway on the other side of the wickln^ machine. 'Hie working of this machine may be understood by referring to the rougb sketch, Fig. 197; 6 is a frame of moulds from which ihe candles u, hnvc jiist been discharged by the workman drawing forward the series of rammers c, which fit into the moulds and force out the candles, whilst the cotton for the fresh wicks is brought forward at the same time to the further end of Ihe moulds; a circular knife is then passed along a groove between a and 6, and cuts off the wicks of ihe candles l)iat nave just been forced from ihe moulds, and these are prevented from nhiOing their position whilst the wicks are cut by pressing down the niece of wood, cut to fit them, which i.<i seen in the hand of the workman in Ftg. 197. The candle.s a are now finished ami removed, ami Ihe fresh ■wicks, which slightly project from the empty moulds, are fixed all at once, by the forceps, and the frame is again sent along the railway to be filled. The number of candles which one set of men employed upon one of these machines can manufactore in a short time is sur- prising. GAS FOB ILLUMINATION. The mimerous improvements which are rnnstantty being intro- duced into the manufacture of gas for illujninating purposes, the im- proved methods of production, purification, distribution, measurement and consumption, are many of them of such a character, that the practical gas engineer is the only person capable of really estimating (heir respective values. We shall, however, venture to describe shortly, some of ihe more important improvementswhich have recently been brought into public notice. In the first place, with reference to retorts and Jitmaeett 'be wear and tear of (be cast iron retorts exposed to the intense heat necessary for charring the coal in a proper manner in the onlinary gas furnace is so very considerable, that recourse has been had to several expedients for lessening or removing lhi» evil. Grounds have been made of fire- brick in the shape of the retorts, and placed round them as a protec- tion against the intensity of the Hame; thus, the iron retorts are, as it were, ptaqed within a clay retort, but, as the iron becomes rapidly oxidized on the outer side of the retort, and is in contact with the clay, the heal is often sufficiently intense to cause a futfion of the oxide of iron with the ingrclientsof Ihe clay, and the retorts are found to wear away more rapidly when this is the case, whilst the brick-work sup- porting them IS also destroyed; the fused mass is oAen deposited m (he flues, or other parts connected with the furnace, impeding Ihe draa^t, or otherwise forming an obstacle to the proper regnlalion of tMpracess. The use of clay retorts entirely supersedes these difit- 472 OAS RETORTS KD PtJRNACSS. eulties ; but as the ciny retorts require a much greater intensity of heat, and consequent I y larger amount of fuel to heat them than retorts of iron, the consuiaplion of fuel is wasteful or a great portion of the heal is lost when clay retorts only are employetl. Tbeobserraiion of these facts has given rise to the adoption of both clav and iron re- torts in the same fumacPt in such a manner that the dimcuUly heated day shall receire the great intensty of (he furnace, whilst a number of iron retorts arc exposed to the mntleratH artion of the heat, which would otherwise escape unused. Fig. 198 is a front view, Fig. 199 a cross section, and Kig. 300 a longitudinal section of the ovens am' retorts as constructed upon the plan of Mr. Croll. Fig. I9S. An oven is first constructed of given dimensions, according to the size of the retorls to be used, and five iron retorts B J?, Fig. 1^, are set upon three brick pillars each ; three of the retorts are arranged towards the lop of the oven, and the two lower ones are set upon flues ft )nrhp<i hitrh. ninninor thr- wltnl^ lAnrHh nftLn rfinrtm ImmnMrf rm«« luwnriin luc ii>\|» ui iiii: u(;ii, uiiu iiif i»w luwtrr uncs are »ei uj>vii iiura 6 inches high, running the whole length of the retorts, (compare cross section, Fif,'. 199.) -^nd open al the backs. Immediately above this oven is anoiher of given dimensions, in which are place»l seven rejjjfta GAS HBTORTS AND FURNACEft. 473 of fire-cU}- C C C, Fig. 1 98 ; five of these are above ihe furaare or filing Ji, aoU one is on each side of it. The furnace Jij is 3 feet long. Fix. IW. and 1 foot 6 inches wide, Inpering to 7 inches at the bars D D^ of which there are two. F, Fig, 200, is a trough contsinliig wnier for nulling the bars, &c. The tui-'I in Ibis furnace assumes the jnrra of a wwljiv, the object of which will be afterwards explained. Coke is the fufi used in this furnarc, and it will be seen bv referring to the direction df the arrows in the i^mss section, Fig. 199, that ihe flame pn>ceeds from the furnace over the two lower cIbjt retorts, and from thence (see longitudinal section. Fig. 200,) passes along their bottoms to the further end, where it descends through openings in the arch to the oven below, and comes into contact with the front of the upper iron retorts, when they are arranged, as represented in Fig. 2(X), with their cnouihs on the opposite side of the retort stack; the heat then traverses obliquely to the bottom of the oven at the back end, where it passes underneath the two lower iron retorts, and is conveyed lo their front, descending at last into the main flue E, Fig. 199, which runs transversely with the settings, and thence to the chimney, which is only about 3 feet above the ridge of the retort house. It is found. puniricATioN OP gas. 476 ■ ■ I I lerial alteration, nor is the btick-work upon which they are supported in anj way the worse for wear, A very coasiderable saving of fuel is also effected by the use of the arrangement described above ; only 24 per ceot. of the coke produced being consumed in heating the furnace, whilst upon the old plan, 45 to ftO per cent, is generally required." It may be proper here to mention Mr. Lowe's reciprocating retort, which is of very much larger dimensions than thai in rommun use, and is open so as to be charged at both ends, and furnished u-ith two sets of pipes, one at each end, for conveying off the gas. One of these pipes can be caused to dip less deep into the hydraulic main than the other, under which circumstances the gas will escape b^ that aperture at which the less presiiure is exertea by the liijutd in the main, and by reversing this pressure, the ens will take the opposite di/%ctioD, and escape by the other pipe. The retort is charged only half way at 5rst, when the tar escaping in contact with the hot un- chained portion of the retort is partially converted into gas, and thus the quantity of gas increased. Wheu this portion has been worked off, the retort is charged from the other end, and the exit pipe at the opposite side is subjected to the lesser pressure, by altering tlie level at which the pipes dip into the fluid of the main. The ga.s generated from this second charge traverses the hot coke of the former charge, and the tar mixed with it, is again partially converted iuto gas. This retort is said to mve more gas, and that of better average quality than is produced by those in ordinary use. The air for sustaining the fire in the furnace may also be heated before ii has access to the fuel, by passing it through channels already heated by the funiace, thus effect- ing H saving of fuel. This plan of healing the air befiin; its admis- non to the grate, has been introduced into France, where fuel is ex- pensive, and economy in its use important. Pur^caiion of Gas. — Numerous plans have been suggested at dif- ferent times, for completely separating the ammonia by means of acids from gas, but most of them have been relinquished, or not carried out from the expense necessarily incurred by the apparatus, from other practical difficulties, or in consequence of the illuminating power of the gas being deteriorated by traversing the acids. Mr. Croll has, however, succeeded in carrying out this desirable object in a manner to which these objections do nut apply, and obtains, more- over, a valuable product in return, which is extensively used in agri- culture, and useful for many other purposes. This purifying process consists in passing the gas, either before or after its passage, through the wet or dry lime purifiers into a weak solution of sulphuric actd* which is gradually increased in quantity as the acid becomes satu- rated. The gas is conducted into a circular vessel. Fig. 201, con- structed like those in use for the purpose of washing gas, and lined with lead, that metal not being acted upon by weak sulphuric acid. This Tetsel is separated at the bottom into a number of comparlments, (re- * At the PhtlmJelplitft gu works in 1844, thn ktnount of cokd umk) fiir beating reWU, M of inm. wm* M 4 ftt cent, wiJ in 1 M7, 50.4 par wnt of lli* wlioW ^uauiitjr (wo- iluoed, 8m b«k>w our tabic of iba aedoftof PIiUl Om Wfak»,—AM. £0. 476 PUftlPICATlON OF CAS. presented below in Fig. 201.) 8 or 10 incht!) in height, which support a teadeo plate covering the whole surface of the vessel with tb« Fig. SOI. exception of about 5 inches round the edge. The vesael is charged up lo the height of the plate with dilute arid, containing about 2^ lbs. of Bcid in 100 gallons of water ; the gas then entering from above, passes under the leaden plate, and is disitviuinHted through all the oonipnnmenl!i under the plate, and thus brou^^ht into intimate con- tact with the acid solution. The gas paiwes tbrougt), leaTing (be whole of its amtnonia in combination with the sulphuric' acid ; IbtSt however, soon becomes saturated with ammonia, and loses its power of absorbing a fresh quantity ; a reservoir of sulphuric acid is conse- quently connected by a slopcock with the vesself and stipplies frejtb PtTBTTICATIOK 07 GAS. 47"! acid wheoever it U required. It is denrable to use two such vessels in large gas-works one after the other, and when these are 10 feel in diameter, and 3 feet deep, they will purify 500,000 cubic feet of g«g every twenty-four Itonrs, and will require re-charging with acid about erery second day. The lifiuor thus obtained, yields 80 ounces of sulphate of ammonia for every gallon that is evaporated, instead of 14 ounces, which is the arerage quantity obtnined from the ordinary aromoniacal liquor of the condensers. Chloride and sulphate of manganese, or chloride and sulphate of jEinc, may he used for the same purpose instead of siilphurir add, itnd the bases of these salts may be again combined with acid, and reap- plied to the purifying process. It is desirable in all cases where the retorts are exposed to much pressure, which causes them to become rapidly coated with charcoal, and is particularly requisite when wet lime purifiers are employed, to pump out the gas from the retorts by a small exhausting syringe, which may be worked at little expense, by a small engine, supplied with fuel from the refuse brees of the coke. The waste steam from this engine may be employed for evaporating the sulphate or muriate of ammonia, and a portion of it may be iDtro- duced into the main pipe after it has left the condenser, and thus help to condense some of the noxious vapors before the miirture of gRses enters the lime purifier. One great aiivantage of Mr. Croll's purifying process is, that it ena- bles the manufacturer to use dfy-instead of wet lime purifiers. When the former were used, without any previous absorption of the ammo niacal compounds — as was formerly, and is still the esse, in many places — and the vitiated lime was afterWRrds exposed to the action of the atmosphere, the hydro-sulpburet of ammonia, which had been mechanically kept back by the lime, escaped into the air and gave rise to a most offensive and noxious stench. The whole of the am- monia being previously extracted from the gas by nn acid, no objec- tion of this kind can be raised to the useof dry lime. The illuminat* ing power of the gas is also salil to be increaseil & per cent, by separating the whole of the ammonia, and the brass and copper slop- cocks, tubes, and burners through which (he gas is conveyed, are much less corroded and stopped up than formerly; indeed, the use of certain burners, which will be mentioned in the sequel, is incompati- ble with gas from which the ammonia has not been separate!, in consequence of the formation of an ammoniaeal oxide of copper which stops up the fine apertures of the burner. The fetid exhalations from the soil Riirmtinding the gas mains, thougli ^-nfrally attributed lo tar and naphthfl, is probably due in great part ^o ammonia and its com- pounds, and it is anticipated that this nuisance will be much dimin- ished by the use of acids in the purification of the gas. Mr. Lowe proposes the use of a coke column similar to that used for the condensation of muriatic acid, through which weak arid or ammoniaeal liquor is flowing downwards, nhilst the gas is passing upwardn, and is llins freed on arriving at the top of the column from all ammoniaeal vapors. 478 KAPHTHALIZBO OAK.' Mr. J. R. Johnson has very recently patented a new mode of puri- fyiug gas froci ammonia and its compouDda, which consists in the use of dry absorbents, and obviates the increased pressure exerted by the gas upon retorts, &c., when it is caused to pass through liquid purifiers. He em\|iloys two classes of substances for this purpose,. such, viz. as ab.-u>rb the ammonia only and librrrnte, or only panially absorb the acids with which it was previously in combination ; ana secondly, substances which absorb the cninpountls of ammonia en- tirely, both acid and base. To the first class belong the .solid acids, boracic, phosphoric, &c., and the salts with an excess of acid, as (be bisidphates of potash, soda, or ammonia, the bjphosphates of the same bases and other salts of this class, the salts of alumina and some other earths. To the second belong the metallic salts containing the reqaisite quantity of water in their composition, but the salts of iron snd man- ganese are preferred on account of their low price. The mode of carrying out this process of purification is very sim- ple, and quite analogous to thai prdclised in the dry lime purifiers. Commercial sulphate of iron (green copperas) for instance, which contains a large quantity of water of cryi^talization, is reduced to powder in the ordinary manner, the finer the powder, the more ener- getic is the action of the salt, and is spread upon (he pierced shelves of a dry lime purifier in the same manner as dry Hme; the gas is then allowed to traverse it in one or moce compartments of the purifier, until turmeric or other test paper shows that the material ceases to absorb ammonia; when this occurs, the gas is conducted through a fresh purifier and rhe saturated copperas is cTchanged for a fresh supply of the salt. It is found preferable when one oithe latter clan of substances is used, to allow the gas to pass througli i( before en lering the lime purifier, as time is then saved in tlie purification, the acids as well as the ammonia being absorbed, and a useful product generated by the union of the hydrocyanic acid with the iron. When employed subsequently to the passage of the gas through the lime purifiers, one of the substances of the former class will be found most advantageous. A slight addition of water to the powdtred copperas causes it to bang together, and rest better upon the shelres of the purifier. Acid phosphate of lime, containing some sulphuric acid, as ob- tained by the action of oil of vitriol upon bone earth, has been applied with success for the purposes of purification by some of the London gas companies; and the product, tlie phosphate of time and ammonia containing some sulphate of ammonia, forms a still more valuable manure than sulphate of ammonia alone. A'aphthaiized Gas. — The illuminating power of gas is very much increased by the presence of Tolatile hydro-carbons, and it is now many years since Mr. Lowe first introduced, or rather proposed a plan for saturating inferior qualitivK or ordinary coal gas with naphtha or with the spirit distilled fmm cnal tar, and thus augmenting its illumina- ting power nearly onchatf. The remarkable increase of light, how- Pig. 302. ever, produced by naphihilized gas, frighteDed the gas companies, who foresaw notliing but ruin in the diminished quantity of gas vliich i would oeuesssrily be wnKuined for the production of an equal amount pi light. Cold water was consequently thrown upon the project, and the invention has only been of benefit to individuals and not to the public at large, which would have been the case had it been intro- duced upon a large scale. Another objection to the iniroducliun of naphlhalized gas into private houses was raised by the insurance companies, the use of so inllam- mable a substance as naphtha being considered dangerous under any circuroslance.s; hut this objection can hardly apply at present, when nothing has been heard of the danger of burning caiupbine, a still mort^ intlammable bodv, and consumed in a manner much more liable to give rise to accidents, than that projmsed by Mr. Lowe for the use of naphtha. The original plan proposed was to fill the ordinary vet gas-meter with purified naphtha, which was kept filled to the same heii^'ht from a reser- voir in connection with it, upon the principle of the common bird Ibuntaiu. The gas was thns measured and salu- rated with naphtha at the same time. As danger was apprehended, however, from ihe large quantity of naphtha ne> cessarily contained in the metur, a box vith a lid closed by a water valre was substituted for it. This box was sup- plied with shelves, and separated into partitions, as shown in Fig. 202, and naphtha was poured upon the shelves from the funnels abore in small quanti- iic.0 at a time, or sponges were saturated with it and laid upon the shelves. The box was inserted at any convenient lo- cality in the circuit of the supply pipe, and the f»as forced to traverse the diner- em partitions in the box in the manner represented by the arrows in Kig. 202. The box may also be replaced by an ornamenial metallic vase, containing a sponge fdled with naphtha, and connect- ed with the gas-pipe in thi- manner re- prvsented in Kig. 203. The adv.intages attending tlie use of naphthalized gas are, however, not conlineil to the in- creased intensity and brilliancy nf the flame, and the consequent diminution of the quantity of gas required fur ihe lUcUuu uf an equal amount of li 480 GAS-METERS. bm h is of no less importance, that very much less heat is generated by the uombusiion of napbthalized gas than is produced hy that of roal gas, when the same intensity of light is generated from either source. It has been assumed, that in ordinary cases, the heating power of common coal gas is to that of naphthalized gas in the ratio of about four to three for equal quantities of light. It is obvioiix, there- fore, that naphthalized ^as will be greatly preferable to common coal gas for lighting ill-venlilated or crowded localities, and particularly during the snmmer season, when the external temperature is high. The light produced by the flame of naphthalized gas is also found to be more analogous to ihat of the sun, hence objects illuminated by it, as pictures, scenery, the face, &c., appear more in their natural colors, ami the humun face in particular, does not assume the pallid hue which is pecnlinr to it when illumined by a flame of ortlinary coal gas. Lastly, it is probable that inferior kinds of gas, containing a less proportion of carbon, (such, for instance, as are erolved from coke hiroaces, where the object of the manufacture is to retain as much carbon as possible in the coke,) will by impregnation with different hydro-carbons be converted into illuminating gas of as good, if not belter quality than that obtained from ordinary coal. Some slight alterations in the construction of gas-burners may be necessary for consuming gas, highly impregnated with carbon, without smoke; and Ihere is, perhaps, danger of the naphtha being condeostid, and de- posited in the gns-pipes in an injurious manner, pariicularty if the gas be loo much saturated with the vapor, but there appears little reason to doubt that these difficulties, and particularly that arising from the condensation of the naphtha, would be obviated or remedied, if j^ fair trial were only \'ouchsafed the plan upon an exleosive scale. RAS-METFJIS. The ordinary wet ga-s-meler, described at page 182, is unexcep- tionable where fraudulent means are not employed for under-estima- ting the amount of gas consumeil, but its construction admits of great deceptions being practised by dishonest consumers. If, for instance, the water level tn the meter be lowered more gas will pass through than is registered by the instrument; if the case of the meter be tilted forward to au angle of from 5'^ to 13", according to its con- siruciion, and a proportion of the water drawn off, so as to expose the outlet of the measuring chamber, khe gas wiU pass through it without affecting the index, and without being registered at all. This is constantly done, and (he Inrge amount of gas which is unaccounted for in the calculations kept at the gas works, and which is frequently attributed to leakage, is no doubt traceable lo this nefarious practice. In cold weather the water in the meter is liable to freeze, and the passage of the gas is then completely slopped. Mr. Lowe has pro- posed the use of a solution of caustic potash or soda, which is not so easily aflecied bv frost, to replace the water in the meter, which will albO tend to render the gas more pure^ should either carbonic acid or CA8-M£T£AS. 481 sulpbaretted hydrogen have escaped the genera) purifiers. The grave objections to the use of the wet meter staled above, have g^ven rise to gr«at in^eQuit^ id the constniclioa of a variety of measuring io- strumeots, in which the use of water or any liquid is dispensed with, and in which the gas is measured by the number of times that a cer- tain bulk will fill a chamber capable of undergoing contraction and rYpansion by tho passage of the gas. These sttcrnate contractions and expansions of the chamber set certain valves nnd simply con* slructed amis in motion, which, by the aid of a few wheels, can be made to turn the hand of a dial, as in the ordinary wet meter. We must restrict our remarks upon dry meters to two of the most recent invenlions, which appear the best calculated for alfording accurate measurements. These are the meters of Defries, and of Messrs. Croll and Richards. Defries' meter consists of three measuring chambers, separated from each other by 0exible partitions of leather, partially protected from the chemical action of the gas by metal plates^. The metallic protection is shown at A .^ Jl in Fig. 204, and the ilexible leather at C Fif . 304. B B B B. The pressure of the gas expands the flexible partition, which then assumes the form of a cone, as represented by the small side cut Fig. 201 ; the motion of this flexible cone backwards and for- wards on both sides of its base sets the machinery in action, and measures the amount of gts which passes through the meter. The object in introducing three chambers into the meter is, thai its action may be continuous like that of a three-throw pump, and that oscilla- tion of the lights may be avoided, which sometimes results (ram the use of two chambers only. Messrs. Croll and Kichflrds' meter claims superiority over that just described, in rendering the flexible leather hinge no part of the mea- suring arrangement, so that any contraction or expansion of this can- la 482 CAB -METERS. not alter the re^stration of the gas. The meter connsls of a cylinder or case Ji Ji, Fig. 205» divided bj a plate B in the centre into two Fig. 205. separate cylinilrica] compartinenls, vrhlch are closed at the opposite ends by metal discs C C. These meial discs serve the purpose of pistons* and are kept in their places by s kind of universal joint at- tached to each ; the space ihroiigh which the discs move by the action of the gas, which affords the menns of measur<'nipnt in this meter, is governed by metal arms and rods, shown in the side cut, Fig. 205, which space, when once adjusted, cannot vary. To avoid the fric* tion attending a piston working in a cylinder, a band of leather D D is attached, which acts as a hinge, and folds with the motion of the disc; this band is not instrumental in mensun'ni^ the gas, so that ita contraction or expansion would oulv decrease or increase the capa- city of the hinge, the disc being stdl at liberty to move through the required space only. The leather is also attached in such a manner that it can only bend in one direction, and this renders it much more durable. The machine is quite comparable to a steam engine measuring it>^ steam, which it does in all cases by the strokes of the piston. The gas enters the cylinder at the top, from the space occupied by the arms, valves, &c.. Fig. 206, and forces the discs bodily forward through a certain space, the motion communicated by the discs to the arms and rods causes tbe supply of gas to be cut off, and admits of its escape by another valve; at tbe same moment the gas is admitted to the other side of the disc, and this is forced to return to its origi^ nsl [WHtion, traversing, of course, tbe same space as before. Each GAS-Bl'RNKRS. 433 baclcward and forward motion conHquenlly indicates the passage of a constant qoatttity of gas, and the same apparatus -wblcb admits and shuts off the supply by means of valves is connected with clock'work, and thus the motion of the disc, or the quantity of cas whicli has passed through the meter can be indicated upon a dial-plate, as in the ordinary wet meter. h BCBRKRS. L great variety of gas-burners have been successively brought in1o public notice, ali of which lay claim to the production of an increased intensity of light with a smaller consumption of gas. It is itapoauble, however, from a mere inspection of the ilame produced by these burners, 4B4 GAS-BURNEBS. V>t- iOT. without accuratel} rofasaring the amount of gas consumed by each, to arrit'e at any conclnsion as to which form is the most economical or gene- rally desirable. Until impartial com- parattre experiments have bten in- stituted with all, decided pn-firrence cannot be ascribed to any one in par- ticular. Fig. 207 is a representation of Whinfield's lucent burner, in which the r.iveqmol button is applied to an Argand gas-burner, and ibe peculiar form of chimney causes an external current of air to impinge at a certain angle upon the flame, producing the same enect as the metallic cone in the Solar lamp before described ; a basket of wire gauze is fitted into the crutch of the burner, which mode- rates the supply of air from below, and prevents the flickering caused by sud- den draughts. By hxing the chim- ney to a circular ring, which screws up or down upon the triangular sup- port, Mr. Lowe is enabled, in his improvement upon this form of burner, to alter the direction of Ihe external current caused by the contraction of the chimney, and by converting the button into a screw, its height can also b« altered and the internal current regulated. Fig. 208 shows a form of burner, patented by Mr. Ledie, in which the gas is caused to flow through a number of small copper tubes, instead of from the apertures of an Argand burner. The object of this is to effect a more complete combustion of the gas by surrounding each single jet with abund- ance of air, as it issues from the orifice, and the low form of chimney or combustion chamber diminishes the ve- locity of the draught, and ndJ.s, consequently, to the iilurainaling power of the llame. This burner was a,U\id€d to on a former «- FiB- 908. _w _ _ »_* TKITTILATION OF GAS-BURNERS. 486 casion, as an tnstniment for testine the purity of gas. If the gas is tmparei which in the case with that supplied hy mzny companies, the orifices of the copper tubes become stopped up, either with sui- phuret of copper, or the ammoniacal oxide, and require to be cleansed with a stiff* brush. The only effectual remedy for this objection to the burner is the use of purer gas, and (his must be obtained, when not supplied in a pure state from the gas works, by the use of a separate purifier in each house. Ventilation of Gas-Bumers. — Serious objections still stand ia the way of the introduction of gas-light into private dwellings, unless some means can be adopted for removing the products of combustion. For every cubical foot of gas burnt, rather more than a cubic foot of car- bonic acid is produced. A [wund of London coal-^s contaios, on an average, 0.3 of hydrogen, and 0.7 of carbon; it produces, when burnt, 2.7 of water, and 2.IJ6 of carbonic acid gas; consumes 4.26 cubic feet of oxygen, which is the quantity contained in 19.3 cubic feet of air. It ix thus obvious, that the air of a close chamber must soon be vitiated by the combustion of gas, and that the effects of breathing an atmosphere impregnated wiih a large proportion of carbonic acid, must consequeutly soon be felt by the inhabitants. The water evolved at the same time, in the state of steam, is found to be seldom free from sulphurous and sulphuric acids, derived fmra impurities in the gas ; and this, condensing upon the furniture, books, goods in shops, &c., very soon damages them in a very perceptible r,g. 809. 2<i- 486 TENTILATIOH OP CAS-BURKEftiJ. manoer. The serious iojury sustained by the librar]' of the London Albena-'uro club from this cause, and the large quantity of water evolved from Uie Bude-burnerin H^^bt-bouses, cundensing on theglan M'induws, and miiteriatty impeding tfae passage of the light, attracted ibe attention of Mr. Faraday to the iorention of some means efTeciually removing the noxious products of combustion. Aflt BeTeral more or less successful trials, the melbod illustrated by Fif S09 has been adapted, and exhibits a beautiful adaptation of the prii _ riple of a descending ilraugbl to a latnp-burner; a is an ordinary Argand burner, with a common straight chimney te-y the glass bolder, c is, however, so constructed, as to sustain not merely the chimnc] but an outer cylinder of glass y,\soff, larger and taller than the int I One ee; the g^ass holder has an aperture c/, connected by a niout I piece uilh u metal tube t, which servt's as a ventilating flue, anc ^hich, aOer paiiiiing horizontally to the centre of the chandi-tier, bs< tends to produce draught, and carry oiT the products of combustion I into the chimney or the open air; d is the pipe connected «ilh th^_ ['burner for supplying gas. The outer cylinder ^ is closed at ibe to\|H by a plate of mica, g; or still better, by two plates of mica, one res^^ ing on the top of the glass, and the other h dropping a short vcay into Lit. They are connected together by a metal screw and nut, which I also keeps ihem a little apart from each other. The chimney aai~ (burner may then be surrounded by a ground-glass globe» whirh hi »lio opening, except at the bottom, for the admisuon of air to ll burner. The course of the current of air, carrying with it the pr ducts of combustion, is indicated by the direction of the arrows. It is stated that the intense heai produced by the hot current air traversing the space f"- '*• tween the two glass cylii ders, causes the glass become more orlessopaqut and thus obstruct the pal sagi? of the light. To avoij this objection, and at ibj same lime the unsightliness of a descending tube, which must of course throw a .shadow, Mr. Ruller has ajiplicd the Name principle, III a still more elegant and perfect manner, to his ven- lilating gas-burner, a section of which is represented in V'\^. 'ilO; h is the burner, with an ordinary chimnfy, discharging the products of cninbuMion into the metal tube /'; K is a targe glass tube, open at the lop, in the ncinity of the metal flue F, from which ■ 1^^ j^ 9 ^^^^^^BP If 1 f^^^^^^^^^^^H \\\ ^H'l S^g ANALYSIS OP COAL-GAS. 489 it ia stts{>e&ded. The air for feeding the flame de-wends in the direc- tion of the arrows, enters the burner at &, and is carried off through the Que F C, after having supplied oxygen to the ilame and become vitiated. Ventilating burners of this Vind not only prevent the diffusion of the pmducts of combustion through the apartments in whirh they are erected, but wiih the hot current of gns ascending through the metal tube, a large quantity of air from the room is also carried away, and thus a proper circulation established. Some slight difhculties occurred or the first introduction of these ventilating arrangements, which now appear to have been suceesafully overcome. One of these arose from the large quantity of water which collecied in the more distant and cooler part of the ventilating flue, and flowing back upon the burner, extinguished the light. By inclining the tube, and car- rying it intA the chimney of the rcx)m,lhis may be avoided, particularly when a lire is burning at the same time under the chimney. Another difficulty vras raised by the insurance companies, who objected to a hot tube, or flue being carried nearer than within a certain distance of the beams in the ceiling of the room, which precluded, in many caaes, the flue from entering the chimney, as the beams supporting the Soors frequently lie in a direction at right angles 1o the course of the chim- ney, and the flue was consequently obliged to he carried parallel with the beams into the open air; in this case the burner is frequently su b- jected to a draught in an opposite direction from without, and the steadiness of the (lame is very much impaired. When the flue is con- structed of a double casing of metal enclosing a stratum of air, or when porcelain or stone ware tubes are used, there appears no good reason for apprehending danger from this source, whilst the advaa- tagpfl gained, both in health and comfort, as well as the less injury sustained by furniture, &c., by the use of ventilating burners, will, it is to be hoped, render them very general, and enable the public to profit by the use of gas for the illumination of their dwelliag-houses. Fig. 211 is the plan of a large gas- work, drawn by Mr. Hedley, for Dr. Ure^s dictionary. It is calculated for the arrangement of 400 retorts, 12 wet lime purifiers, and 2 waahers; 12 large double or tele- scopic gas holder-s, capable of storing 1,000,000 cubic feet of gas; and coat stores capable of holding 10,000 Ions of coal. .-J is the retort house, 300 feet long, 56 feel wide; H are the retort beds; C [the chimney stack; fi flues; K hydraulic mains; F coal stores, each 300 feet long, .30 feel wide; O condensers; //engine houses; Jwash ^vessels; /if purifiers and connections; /.lime store and mixing tub; ^ smith5 and fitter's shop; A* refuse lirae<pits; O meter houses; P tar-tank; Q tanks, gas-holders, bridges, columns, valves and con- nections;/l governors; 5 coke-stoves; r inlet-pipes ; T outlet-pipes ; W house and offices ; A* stores. Analysis af Coal-gas. — The following analyses of tlie coal-gas sup- t plied to Greenock and Newcastle, are the results of experiments, only ^just completed, and serve to give an idea of the nature of the gaseous , mixture. 490 ANALYSIS OP COAL-GAS. W COMP0S1TIOK or COAL GAS. 1 a 3 4 i Olefiant gas . 14.50 17.50 20.00 10.19 9.25 Carburetied hydrogen 66.49 59.94 47.77 31.35 36.05 Carbonic oxide 7.07 12.00 11.76 16.28 11.42 Hydrogen . 12.29 11.46 17.32 28.80 30.17 Carbonic acid ■ . • , , t ft trace trace Atmospheric air . , . . , « 0.48 0.50 Napbtlia vapor . . * • . . traces traces Ammonia • • • ■ • ■ traces • ■ 100.35 100.90 96.85 87.10' 87.39* Nos. 1, S, and 3, gas made from canoel coal, supplied to Greeooclc, analysed by Dr. T. rhomson. Nos. 4 and 5, rus uiude from caking coal, supplied, to Newcastle, analyzed by Dr. T. Richar(i.son. [Cost of Manufacturing Uluminaixng Gas. — The Philadflphia Gas* works having been constructed in 1S35, after extended invesiigationa in Europe, by the engineer charged with their erection, it was natural lo exjiect that every improvement which long experience had sug- gested should be introduced without delay, anu that (he cost of making gas at the lowest rates then known, should be speedily arrived at. But we find, from the published anaual reports ot those having im- mediate chaise of the works, that the opinion expressed at iheir corn* mencement, that the cost of manufacture would always bear a direct relation to the quantity produced, has by no means been verilied. The works have nnw been in operation twelve years, which being di- vided into periods of four years each, show the following as the amount of payments for mcUeriats,J'raghts, rertis, salaries, vjages, repairs, and ail incidental charges for the manufacture and distribution of gas dur- ing each period. Culnc fettl of gs* Cuat or iTMkiug Coat per inwle. ittKi wiling. 1000 o. A. 1st period 1^36 to 1839 inclus. 90,389,000 $-221, [12.39 $2.45 2d ' 1840 lo 1843 " 196.101,000 294,442.53 1.50 3d " IS44toI8i7 " 286,662,000 372,420.83 1.30 In the above are inr.bided all the items of expense except the inte- rest on capital invested, and no deduction is made on account ofimomt from incidental products. The works conast of a relort-house with (bur divisions of cast iron D retorts, embracing 114 in all, (with room for 6 more,) each 7 (i. long, 2 ft. wide, and 1 ft. high, arranged in 38 ftiraeces; — of sets of washers, refrigerators, and condensers, to gether with 28«]ry-lime purifiers, 3 large station meters, coal sheds, * In the Hncliih etliiion th«M twooolninn* are ftoied 100.35 ami I0L40 lopeotiv^. Wlni like MMirea or » etuinnou erroni inBrbavebeeD,it Uornmneinipaiaiblefbf uaio oonjectuic^-Ax. En. I I COST OP HAKUPACTUEING- ILLUMINATING GAS. 491 a limekiln, 8 gas holders, each 50 feet in diameter, and 18 feel high, and one "telescope gas-holder" 80 feet in diameter, and 40 feet high, the total capacity of them all being about 490,000 cubic feet. The distribution consists of 76} miles of street mains, varying from 1^ to 16 inches in diameter, and of service pipes to 1455 public and 62,477 private burners, the latter supplied through 6209 metres, varying in capacity to furnish gas for 3—100 lights each. The works have been repeatedly re\|iorted to be in au "good condition as when new," and have, therefore, by their earnings, kept themselves in complete repair. The report rendered on the 20th of January, 1848, gave the follow. ing "state of the works," as to f^n-maneTit invrxtnunt, stating the separate cost of " Works on the Schuylkill" at . $277,992 39 " "" Distribution street mains," . . . 304,143 08 " " "Service pipes and meters," . . . 123,31123 " " "Public lamps," 11,814 02 Making a total permanent outlay c^ . . $717,260 72 Had no pari of this investment been paidoutof profits of the works, the annual interest would amount at 6 per cent, to $43,035 64, and with the actual amount chai^eable to the year 1847, for the several items above enumerated, of expense of making and disponing of gas^ vix. $114,889 80', would make up the total expense of producing and selling 91,457,000 cubic feet of gas « $167,925 44, or $1 72 per 1000 cubic feet. From this, however, are to be deducted whatever sums were received for the incidental products of the manufacture, such as lime, coke, tar, &c. The sales of coke amounted lo 179,379 bushels, which at 6 cents per bushel gave $12,116 74, and the ^eot lime to 45,127 bushels, which, at the selling price of 3 cents per bushel, must have given $1353 81. The tar produced has been stored for future disposal, and the am- moniacal liquor is allowed to run wholly to waste, which is Ihe more surprising amidst an agricultural population, where the salts of am- monia are in particular request, for the purposes of the soil. The two items o( income from incidental products of the works above men- tioned (coke and lime), together reduce the cost of every thousand feet of ga.s 15 cents, or bring the total cost to $1 57 per 1000 (eet. In point of fact, however, the interest on eapitol invested, is now less than $26,000 per annum, instead of $43,035 64 as above; the profits of the works having i>oi only furnishe<l a great part of the means of their gradual enlargement, but also provided a sinking fund of $254,781 17 towards the extinguishment of the loans authorized, which latter hare never exceeded 600,000 dollars. With this reduc- tion, the cost of making a IhousatKl cubic feet of gas did not in 1847 exceed $1 39. The eflbrts on the part of incorporated companies lo ■ The Rwtctiftis (or pu an band ai tho Upmmtikg of IU7 exoHdnl lbs lisbilliiM evo- inKtMl (nr ih««n \ij $0143 SS, unri at ih* rml oj" thai jnnr (ha IwImUim* Iui ilut nine oeMded ihc viluc of ib« ttoci lijr $10,910 80. Tbnv turo. wiib ifa« euli icoeiptt I np tbe motoufit $114,880 80. 492 COST OP MANUFACT USING ILLDUINATINO GAS. keC'p up ihe price of gas, or at least to render large quantities of an inferior article necessarr for the consumer, bus been referred to above (page 47H), while spealcing of nsphthalized gas. The combinatios among dilTerent conapanies for the same purpose is also distinctly alluded to in the same connection. The city of Philadelphia fortunately declined to throw herself irre- Tocably into the power of a compauv. and hence, though, in the be- S'nning, she Buffered the works to be erected by a set of trustcesundcr e control, in part, of persons contributing ttock for that purpose, yet it was with Ihe express reservation that she might at any time take posKBsion of the works, on giving her own Bonds to replace the stocks hekl in private hands. This denrable change was consum- mated early in 1$4L. Before that time ihe gas had all been manufac- tured from bituminous coal, and, ofcoune, pnrtook of the general cha racters of coal gas elsewhere produced. The engineer who conslracted the works utteHy repudiated rosin, and all other materials except coal for that purpose, and his successor did not venture on any change in this particular, until alter the works came under (he sole control of the city government. The use of rosin, in combination with coal, was commenced in 1842, and the proportion used has been steadily increased ever since, with improving quality of gas, and diminishing cost of production. It dovs not, however, appear that in other respects any suc- cessful pflorta at economtxing materials have been made. Toe fol- lowing iRbte will show that within the first four years of their existence, the works yielded residuary products (coke, tar, lime, &c.) which amounted to at least 8 per cent., and sometimes to more than 18 per cent., as much as the f><ui Utelf. It is only to be regretted that the annual reports are so tittle in detail as not to aflbrd (he means of a complete comparison io respect tolhiF and other items of expense, especially "repairs ami incidentals." The amounts are unfortnnntely presented to the public in lumping sums. lhey enable us, however, to show that, while in (be earlier times of the works, from 22 to 26 cents per 1000 cubic feet of gas were received by the stockholders as prolits from the incidental prodtutSy only about 15 cents per thousand feet were placed Io the credit of the cUf/ works for (he same products in 1847. Thus, though the price of gas has been reduced from $3.50 to $3.50 per thousand cubic feet, the eronomizing of secondary products has been so little successful, as to have fallen nelow 7 per cent, of (be income from sales of gas even at this diminJBhed rate of charge. Improvement has here a wide field. The table ntso mIiows that the cnsh rt^ceipts for gas and other mate rials mki, have exceeded the total amount of payments for making and distributing the gas, and for every incidental espenst ufsuHnming the workt in compUU repair, by Ihe sum of $687,677 39, which is M 20 per 1000 cubic feet for all the gas manufactured since the works rere in existence, including that lost by leakage, as well as that sold Tor street lamps at half the price paid by private consumers. COST OP HANOFACTtTRIirG TLLUMINATIIVO 0A8. 493 l\mnM TabmUr Ktw of til OptrMioiu «/ lAf i^hlan^pAio C« Worki fnm tint cimmmth mm im- 1»3« » ih aui itf Ikt fmr 1847. i a It ■=1 2-85 1:3^ 4i5 •2>g .5- - ■* 9 B u "2 w • 5 e £ a." o- m ^3 1 11 "1 ■g '-.S £ 2 " 3 ^ •• •> C • •( « Bel* 5.5 ^11 ^=1 U - o ■1 s 1S3« e,4(« 1,300 tl 4,314 .W 1 [6,334.71 • 3607.98 IS. 3S.' " 1837 17,1X78,700 43,U<9.43 49,3-(&.SS 36SS.1 1 1. 31.* Mliii(«4 for 1B36 S7.U7,000 71,84&,S2 n,0M.t3 6S31.4S »^ 94.* ■th« proftt of 1B3B 33,473,000 9l,&a3.26 ltS.810.t& 8668.37 6Jt Sl.» •tockfaaldor' 1840 46,410,000 8\fi98JA 138,871.19 not irparle^ 11,419.00 — — 1S4I SI,X»1,(MK) 96,S».SS IS6,SS9.!>4 7.» 82. ! IB4t 60,811,000 77,816^ I5B,4M.S6 10,754.00 7J 81.- HiBAfttd II n- dor iIh lOle 1841 48,B«I.OOO 69,796.30 14fi,04t.&7 io>)e8.oo 7.» XO.I IB44 M,74a,O00 6),090.16 ]W,88e.S4 ■otarparele I J reported ■lo. — — ■^mlhorlty of 1S4&< 63,ftO3,M0 S0,fi38.S6 iee,t07.SB -^ — the cKjr g»- IMt. 73,4Si,l)<» 131,0M.SD 180,Sa3.03 do. ^ ^ vfirckok^nt* IS47; 91,457,000 »)l^37.43 206,684.7« 13,470.55 6J '-• Total 57J,45S,0O0 8T7,7MJ6 l,6«a,43Mft Longer experience in mana^ng the works thus appears to have led to a less ability, or a trss inclination lo economize their incidental products. By reference to paffcs 450 to 453 of this volume, it will be seen how far the incidental products of gas works have been economized in England, and Imw great rediicliuns may eventually be made here in the nrtual coat of gsta, vhen similar care .shall be taken of the residues, especially when the tar and ammoniacal liquor shall be ap- plied lo their proper purposes. But in order that these reductions diould be speedily made, it is evidently necessary that those having the superintendence and con- trol of the works should have no interest, direct or indirect, in keep- ing up the price of gas, but rather an urgent motive for Ending a roarkel for the incidental productH of the works, and for every other specici of economy. Besides Ihe economizing of incidental products, other meana of diminishing the cost of gas are evidently yet to he applied at the Phi- ladelphia works, in r>r(ler to bring them to Ihe state of perfection of whirh they are susceptible. The preceding pages furnish evidence of what has been done in Kngland within a few years in these re- spects. There is, in the first place, a vastly greater consumption of fuel for the purpose of carbonization than in almost any works in Europe where any economy at all in that material is studied, and it docs not appear that much if any variation has been made in the Philadelpb' works, looking lo an improTemcDl ia (his particular. But with Se ■1!)4 COST OP MANUPACTDBIKG ILLUMINATING GAS. referring to more recent improvemenls abroad, we may first see what was doing abroad at the time these worlrs were erected. The following statements by Dr. Ure, will serre to show how fer the economy of heating materials had been carried in England at the period alluded to. Thus, Ihe fuel to carbonize one ton of coals was, at Birmingham, ^ of a ton of slack (line) coal. Manchester, 4} cwt. Ltrerpool (old gas compuiy], 6^ cwt. of coal. Liver]^>ool (new do. ), 5( do. Bradford, 8J cwt. of coke. Leeds, 5J cwt. of coke. ShefTield, 3J cwt. of coke. Leicester, \|t of the coke. Derby, } of the coke. Nottingham, ^ of the coke. London in IB.34, 1.3 hnshels of coke. London in 1837, 13 bushels of coke. If these statements, which have been published and republished without essential alterations, be true, there must be means of econo- mizing fuel not known, or certainly not practised at the Philadelphia gas works, where, instead of "J of the coke," (33 per cent.) being consumed as fuel under retorts, it appears that 60 per cent, is about the average, or in&tf>id of 13 bushels to carbonize a ton of coal, as in London, 23 bushels tsthe least average for any one year, and 25.8 bushels, or almost exactly double that number, is the general average, as seen in columns 13 and 14 of the following table of the operations from 1841 to 1847 inclusire. By reference to the dp,scri\|)tion of Mr. Crojl'a improvements (see above, p. 541), it will be ob.served thai the coke used for fuel is at Tottenham only 24 per cent, of the whole amount produced. Tlie introduction of anthracite for fuel under the retorts at the Philadelphia works, wa.s formerly suggested, but is believed to have engaged no serious attention, notwithstanding tfjat the demand for ooke 18 equal to all which the works can supply. COST or HANUrACTURIHG ILLDICIIIATINO GAS. 49 taif iiqna oobl '^ '"^ '°J V\"^ '^Vd 'Von>iJ\|>itiip put ^npvjnicnm: JO iimoo 5 «' 5 £ 3 !j 5 S 3 g G Z 8 S E m B a -uoiinquiBrp ?<"■ utunjn'iaui ai\|i^ «aiB>d ]ps iuipnpcu Id I) 'ibiiiIbj no lniiJ^IUj JO am -a)ai<ji'iB»^'»i\|iaiiunp apem itoa jo iBn^j a s £ ^ I ti ^ S S S 9 I ^ § "nuaa Q} \|3<iniq lad ?(iii( joi^oa ^ « n^ }o \|aii«q ioj ni»ai jo naaa tr^ i»°J ■m I ^ g £ ^ (S S ■•lB93Dn»1™1"'^ 1"^ JOIWO -• « e i-r « s a « s t 3\|3iiJii DDD^ j(q pagimd nS jp i^j ^iqiij SUfigUBd HJ p9«n «H1\| JO ft9lt«1 ^^BllS 3 3^ '•tiowi Sniflai\| HI pun aiioa .lo rpqinii 'jaa.fa-qi Jtilinp po;>np •Old afoa JO ijiifi^nq jo J.jqviiiiJ {moj, a 8 i ^ * O F^ a. - S} 5 £ S ^ § § ^ ^ 7 ■lit ^ e; s P^tindf UTD1 TITS [lOB poriB JO 'HI I nww) p jjnpiui] irt jo wiaf ajunj ^ 3i 3 S V V n ja 'uoi lad 'pun-Mud liiS yi it»j aiqn^ nLIB3»d''pO\|\|tMTp rBy^ani >\|oqM sqi PL UrMU Jd DanititfiJj s £ ^ £ e; s s = o T 1^ a B »^ ■itjM mi otss JO ""<" 1" ■•HOI!" Bi[i ur pMD iimuaiBoi oui aifi jo iqttaAV pMnmwu pu«[a^jD ii\|qSiaMai[) jouinig pMIV 'qa«o iqi Jjg JO -uiKM Jo •[»U»H Miai 91)1 iupip pn< ■uai\|jva 'i[3Ba 'q\| S£i»'pia3 ja ■js^iritg ■jsat 3qiJtruap\|»iiU3iininiit •ftBjoiaeja'qnO ■vna 496 CD6T or MANUKACTU'RINR ILLUMINATING 6Aff. It seems probable fTom the above comparison of the operation of the works for ilie Just seven years, ihat one efficient cause of the dirai- uished cost of making gas in the recent period, as above proved, has been the introduction of a considerable portion of rosin into the materia] distilled. This, as above mentioned, was first used in 1842. It was proved at the Christiana light^bouse in 1844 (see above^ p. 212), that 70 lbs. of rosin are rapable of yielding, when completely decomposed, 486 cubic feet of gas, or almost exactly 7 cubic feet of gns to the pound. As 1)545 barrels, supposed to weigh 250 lbs. each, or 1,636,250 lbs. of rosin were used at the works in 1847, this rosin, if as economically used as in the case juat mentioned, must hare prutlueed !l,453,7r>0 cuhic feel of gas, or alioiil I2J per cent, of the enlire (]uantity of 9l,4ft7,000 cubic feet of gas manufactured during that year. Deducting the weight of rosin from the whole weight of the mix- tureused in the year as contained in column fith, we obtain 21,383,775 lbs. of coat carbonized (say 286,117 bushels of 75 lbs each], to give 91,457,000—11,453,750 = 80,003,250 feet of gas; and, conse- quently, one pound of coal yielded 3.74 cubic feet of gas, and a ton S377.6 cubic feet, Vihite a bushel of coal (75 lbs.) gave 280.5 cubi<^ feet for 17^ cents worth of material. To produce the same bulk of a much richer gas, from rosin, would require '— = 40.07 lbs., which at 65 cents per barrel of 250 Uw., cost 10.41 cents, or at 80 cenLs per barrel, would cost 12.82 cents. Now, as a given bulk of poor gas costs 174 cents worth of coal, and the same bulk of much richer gas costs 10.41 — 12.82 cents worth of rosin, it is evident that great economy must result from the proper use of rosin, and it should therefore seem that economy required the slill further increase in proportion of rosin, until the quantity of coal used should only be sulbcieni lo furnish coke for heating the retorts. Whether even this should be the limit of reduction may remain a doubt, so long as bituminous coal com- mands its present high price, and other species of fuel, such as an- thracite, are »o low. It appears from the l6lh column of the above table, that, during the years 1845, 1846 and 1847, a considerable diminution in the pro- portion of iiint; to the bulk of gas purified, has been allowed, so that in 1846 every bushel of lime was made lo purify 1220 cubic feet of gas. That a diminution of lirae to .some extent should be made since 1842 is very reasonable, on account of the lai^e proportion of ro^u introduced, the gas of which (at least when made by itself), needs no purification; but in the tatter part of the year 1847, owing to the bad properties of the coal or other causes, the impurity and nauseous odor of the gatt became matters of very general complaint. This induced ihc superintendent lo add to the ordinary dose of dry lime 10 or 12 lbs. of acetate of lead, with some chloride of lime at each charge of a purifier. The year's operations are therefore charged with 12,000 lbs. of acetate of lead, and 14,512 lbs. of chloride of Ume. 'Illis greatly enhanced the cost of gas for the year. INDEX. Abaorplion of nitiotu gu, 235 ' , theory of the pro- COM of, 237, 238 Acid, theory of the process of mKking, 237 , Bceiic, 50, 51 ■ , oolophonic, 129 , concentiation of; 238 - — ' , condenMtion of, 264 of muriatic, 266 I of strong muriatic, 267 ) etaidic, hypo-nitrous, 388 ■■ --1 evaporatioD, clarification of boracic, 313 — — , method of obtaining boracic, 310 , nitric and distillation, 383 , occurrence of boracic, 310 ^^—, oleic, stearic, margaric, 125 , nturatkin of the botacic, 315 ——, sebncic, 127 - ■ , sylvic and pinic, 128 Acidimcter, 308 Actual (practical) effect of fuel, 103 Air, dried, 21 ■, beating by means of hot, 07 Atkalies,of the, 217 Alkalimetry, principles of, 300 , Gay-LuBSBc's method of, 301 , method of Will and Fresenius, 304 American woods, Bull's experiments on, 24 ■ ■ peat marshes, 26 I coals, Johnson's report on, 40 ' experiments on illuminatioD, 206 Analysis, ultimate, of American coals, 47 Antbtacite, 30, 30 ■ ■ ■ dust from Hue, analysis of, 39 ■ — furnaoes for heating bouses, 98 , table of the relative value of, 85 Aquafortis, 382 , distillation of, 383 Ant, and of technology, rise and progress of the, 15 Ash, barilla, 284 ■ compo«iti<»t of, 284 ^^ from the yeast of wine, 393 of potashes, 285 of wood, 294 V Emmon's researches on, S88 , ptodnction of^ 294 , table of the amotmt of, in different kiodt of peat, biown ooal, 37, 33 2e< Ash, table of the specific gravity of, in dif- ferent kinds of coal, 37 — — , of American coal, taUe, 49 , table of the composition of, Oom m»- weed, 308 ■, table of the constiments of the, from different plants, 290, 293 ', table of the relative amount of, from different trees, 289 — , from shrubs and herbs, 289, 290 , salicor, blanquette, varec, kelp, 284 , table of the constituents of the, 2B1 Astral lamp, the, 141 Balsams, 128 Beale and d'Hanen's lamps, 156 Benblei's lamp, 200 Bicarbonate of soda, 281 Blanquette, 284 Bleached bees'-waz, 127 Bleacliing powder, 279 Bone soep, 426 Borax, 310 — — , crysialization of, 316 .native, (tinbal,) 319 Boracic acid, evaporation of, 313 , clarification of, 313 ', composition of crude, 314 -, crysialization of, 314 --, lagoons, 311 -, method of obtaining, 311 — , occurrence of; 310 , saturatioD of the, 315 Brassica nspus, 116 Brine wells, natural, 249 , boiling of the, 255 , borings of the, for salt, 35^1 , constituents of the, 250 , graduation of, for salt, 229 Brown ooal, 19, 32 - , charring, 68 ', earthy, 32 , table of the relative value of, mi- neral coal, coke, and anthracite, 83, 85 -, variety of, 33, 34 Bull's experiments on woods, 24 Burner, the Liverpool, 199 , gas, 184,484 ^m 498 ^ iND bx] ^^^^^^^^^^^^H ^^V Ctml, •inirt. Til J — — , uUe of ibe Mnonnt of fp> Ibund iii( ^^fl ^V Odcination or potuh, 307 umlrr iliifnrcnt drounisunoe, 161 ^^H ^H Cwnptiine Uunpi, 485 1 , inHgiir thenmoaniof aAio diflormt ^^H ^H CnndlM, and iIm mod at pnptnas tlicra. kindi of, 33 ^H ^B 130 , ttnjnry fbanuion of, 33 ^^M ^H idippiiiit, 131 OnfabierVwai. 130 ^H ^H — — ,dtii\ mniiliU, ISO CooOk-nilt oil, 394 ^^H ^^M , illiiminNUnK pawn of^ 19(1 ^H mnliiiiK by mnchiiiory. 470 Cuke, tialurc of llie, 77 1 ^H -. on ilio cT(>1utk» or livhi tqr. l3:i , table oT rftlaiivo raltie of hou iD, (17 1 ^^m , •uMtjne and apenniceti, 133 Ckkxig cc«lI, 3i 1 ^H , nUc or Uia eooapwwjvv UJuniiiuit- CokiiigfraieofdeienDineaqu&UtyoTpmdiiat, ^^1 ^H inv power or, 190, 103 ^1 ^M —-^tallow, VJU ^^. improred p«iu«as of, 444 ^^\| ^M , WIIX.139 in ftinnoes, 79. 7fi ^^1 ^H Cubonuatiun of pit coal, S9 ^-^ in beapv, or mounds, 70.71 ^^H ^H Cucol'a dock-work lamp, ISO Coicoiliai of oil til TiUiol, 344 ^^1 ^H Chion'a ■top^ook, 144 CombusUUs bficks, 87 ^^H ^M Celine, US Common oo«t, ll> ^^1 ^H C«t]rle,Dxidi! uf, 128 CoinpairiMMi of ibe various tnedioak of iUu^ 1 ^H Qwin makuii power of ccslh 46 minadoa wlUi eMh uUmf, 'jU ^J ^H Chaiiitfla, beaEtng by means at, W Compasition of SMp, 43£ ^^H ^H CbBboD KiuK, 64 CorapfeMod pi, IW ^^M ^M Cbsrtml, W Covidenwr, tho, 168 ■ ^H cmployvd in inuiulheMra of gun- CoostiuiCTiti of the aah, aocordinc to Bet- 1 ^H powiler, U5S Ifaiet, HctfwiK, niul Bauinser, 391 ^^fl ^H in AmwoM, 59 Cubic nitre. 331 ^H ^H , on the pToduciilon of, 91. Hi ^^H ^^m , ]>icilIuic« ill. 1^2 ^H ^^^^^ , table fthowinft ih(i iraltM of wood, ^^H ^^^K cfawwaL pmt, nod pmi ctivouol, b> foe), Diina, Di. S. L., txpefimeott far, 108 1 ^^v Usfii-CB tueiliod ti paridMiioa of lalbw, M ^^^^ , mlile ihowiac the ptodura of, bom ^H ^H ilulirr«ni wood^ A3 DrsulphurttatioQ, 69 ^^M Uippinx candles, 131 ^^H ^1 or. 53 OietillaUOn of ipt, 167 ^^M ^H -^, weifbt of, M ^H CiMninft in (bnwoM, &9 DSWreiner's phiilnam lamp, 444 1 ^1 of brown and. <tB Dwelling, lieBtlng mkI mnUarton <rf, 433 ^J ^H rhili-Miltpetn>, prattuotion torn, 340 ^^H ^M CUoride of liinv, US ^M ^M dloTine M«p, 438 m ^H CUotUe of Mtdium, nniflciot toda bom, 363 Effcot of hcM upon Aiel, 49, 90 1 ^H ClMiiQaiJon, U 'if ru<>l. nt the kiobI (pnodcal), 103 1 ^H Clariflcuion of ihe ait, 117 EUipo oil, J04 I ^H Clajr rctoru, 167 Evolution of liKhl b; candle^ «■ die, 130 1 ^1 CoaUgM, lAI 1 ^H , of the iUontHMiiBB powor ol^ u F. 1 ^H didcrrni ctnem of ttie ptoceM, IS3 ^^H ^H , aiuiljrua □f,4W Fata, of the, 113 ^H ^H CtAl, bfowii, J e. 32 , mble ibowins the chemical eompcifc^^B ^H - -', caliins, 31 tion of varieties of, 1 14 ^^H ^H 1 omtmon, 19 Fitesoal, 33 ^V ^H , ooinpaiitioii oC 37 Flaniea, nible of ttw fttnonnt of lifbi Ifrom J ^H , rormaUon of; 31 diffierent Irngili* of, 203 ^^1 ^H , minonl, 3&, ISO F1oe>, hentirig bjr menn* o^ 96 ^^H ^1 , nod, 3) FoMiL wood, 33 ^^M ^^M , Mttondaif Ibnnatian at, 31 Finnr.h nnthrsdlsa contpared with AnMrt> ^H < , Fkoodb mod Amerioaa, 83 can, S6 ^H CoaU, AmefJiBn, Jobtuon^ axperinum oo. Frcsonitu, ■IkaliotMry, medtod of, 304 ^1 Fu^l, 19 , actual (prmotiral) vBoei of, 103 ' , Ibaiil, of ibo auic-bUtotical et% 39 ^B , pracbcnl -niaa of, 45 INDEX. Fuel, mwnftcuira of pateat, 448 ■i relative value of, 78 , tables showing the value of wood- charooal, peat and peai-ofaaicoRl as, S3, 85 • , to emit its heat, influenoe of the time required hj, 85 Fuming oil of vilricd, 243 Fumacfls, cbBnlDg io, 6U , coking in, 78 ibr oil of -ntrifA, 243 , pyrites, 226 , llie, 165 , USB of, 66 G. Galam butter, 374 Gas^umers, ventilation of, 485 Gas illumination, biertoiy of, 159, 471 buroers, 184, 483 , coll««tion and diatributioD of the, 178 ', compressed, 186 , distillation of, 167 , cost of manufacturing, 4W) from oil, 171 - ■'■ from roain, 173 from BOap-water, 175 meters, 182,480 , naphthatizAd, 478 , nature of illuminating, 160 of Selligue, illumination wiiti, 176 pipes, 193 , portable, 188 , portable uncompressed, 186 , table of the amount of, produced from different klads of coal under different cir- cumstances, 161 , table of the illuminating power of coal, at iho different stagee of the process, 163 Gas-work, plan of a, 487 , side view of a, 488 Gases, absorption of nitrous, 235 , illuminating power of the, 204 , table of the specific gravity, the illu- minating power of the, 204 Gay-Lussac's method of alkalimetry, 300 Girard's lamp, 146 Glauber's salt, 263 Glycerine, 123 Oround-gLeas, 156 Gun-cotton, 379 , table of results of analysis show- ing the chemical compositkin oJ\| 360 -, properties o^ 381 Gunpowder, history of, 351 . , actual compoaition o^ 356 , analysis of, 378 Gunpowder, charcoal employed in mani^ &cture o^ 358 -, density arul gramlation of, 36S, Gunpowder, glazing, or polishing of, 367 , granulation of, process of Champy, 367 , inflammability of, 370 -, methods of taating tha Itwoa of, 375, 376 of; 366 mills with stampers, 362 ■ ' with edge-stones, 364 -, modes of analyzing, 378 -, Mordecai's experiments on, 376 -, necessity for granulation of, 365 -, ordinary process of gianulation 352 361 ~, preparation of charcoal for, 358 -, product of the decompoeition of, -, pulverization of ingredients in, , table showing the constitution oC, and the amount of gas produced irom it, 33D , the drying process rf, 369 , the material oi; saltpetre, 356 , theoretical composition of, 353 , the peculiar action of, 351 triers, 377 H. Uanen's and Beale's lamps, 156 Heaps and mounds, general lemarka upon, 57 , coking in, 70 Heat upon fuel, effect of, 50 ——, influence of the time required by fact to emit, 85 , latent, amount of, 79 , of the application of, 89, 453 Heating and ventilation of dwellings, 453 powerof American coals, table of,48 arrangements in general, 93 ■ by means of channels or fluei^ 97 hot air, 97 by water, 100 Herbe, ash from, 290 Honey -comb, virgin, 127 Hot-air, beating by means of, 97 Houses heated by anthracita furnacea, 98 Huaz's processof reiVactioo of saltpetre, 348 Hydronatio lamp, 148 lUominating power of oandlas, 190 gas of Selligue, 176 ■ ' power of oils for, 194 II lamination, general principles of, 110 ', materials and methods o^ and theii 369 relative values, eflects of difiaient, 187 , naphtha used for, 129 ■- , of gas, history, 159 -, shale of Autun, used for, 129 -, force of, 371 I Iron pyrites, 219 I lUJpe Oil, 394 ^1 Japftii wu, lafi liMtjipdni. production of aitpetn at, 334 ^^H Ltklnndurlf* Lainp, 155 ^^1 H Luoifcr piBiche9,443 ^^H ^H Kapnoniar, M LyiN erupomiioo oT lbs (poaob), 306 ^^H ^H Ksfinanii'* expeiimenu on tvaod and peal, , teatiuK tbe, for Map, 399 ^^H ^1 »3,$« ^^H ^B K«lp, sss H ^H KrM>M>i«, SO Madia oil, 117 ^H ^^k Margaru; arid, I'iS ^^H MariRo piniiia, Mxla ftoni, 283 ^^H ^^^H LagDOIH, iKKScio BCiii, 311 HulL-bPf, 441 ^H ^^^V Ijmp-hlMcV witlt auii widioui Mr, produo- , Juciru. 442 ^H ^ ifc>ti<<40 Mauvial Ibr produdng linht, 1 1 3 H wot. 430 Molting and purlflniioo of tbu ullow, 119 ^H Lainpi, 131 Mcceris ea«. 183, 480 J'tlpilHutA cir i[liiininalktii and thfir mlHtiVA ^H ing pcmci uf, 190 viitu«, IS7 MincTal nnol, (able of Ibo relatife beu oT, ^H , Bimlc bud Knnen'fi, 130 »4, 84 ^^H II.«.Li-^^ nfvt Moilicr- liquor, anatyn* of, (ma tsli-paiu, 2311 Moandii, (rhnrcoal in, i'i ^^H ^M , Cored'* cloek-wotk, IdO ^H ,C»nieliii4'laini,310 57 1 ^H , elliptic, <d3 Muriaiie wai, mndenniiou of, 360 ^^^ ^^H ^H 1 ..1 .. , liyiJnwiiuk', 148, ^B ^^^H ^ illiiininBfiTiu tH)tirt>T at lOA ^^H ^^H ^ LfiAfritf^tTit I.MV NaptiitiB, 139 ^H NapbthaliMd gM, 476 ^H ^H -, pump, 14U Nature of the ocdcc, 77 ^^M ^H P-. — , mnumbrn [PliiUip'}, 143 - — ■ or iilumJualinK ga>, IGO ^^^\| ^H -, Mudy. 140 Niire, ur MiIiiivtTc, 3.1i> ^^H ^H , tabic »hoH-itiK ihi; rebtive intenf- ' , lliFory or tlic ro(inalion of, 331 ^^\| ^^M ity of ligbt rruin i)itti.-ient, al variou* ^H pvfiud* r>vm iLd luii't) uf IJgbting, 190 Niui-^ avid, 3H9 ^^M .r tat ^^^^H Nitruui fpUj Abvtisplioti o4^ 235 ^^^\| ^H ■ wiibuui wicJt, aiglit, 137 ^M , Wonns', 13V 337 ^H ^^^H f^nl firHf'. rtll'? ^^^^^1 ^H — ^ lani)i. Cu[i>i»Iia'«, 310 ^1 ^H Lcoden cJiiunben ba aulphuric acul, 330 ^^H ^^1 Lij^t, eralutian of, IIU Obiecta of todtnokiiHr, 1 7 ^^H ^H , and of tka inuthLKls gt ellboiiiiK it. OiU, illuminaiing powei of, 194 ^^H ^1 130 Oil, cbUificBtion of tbe, 117 ^^H ^H , v>r the nnUirinl Ibi piulnciog, 113 , mnon-nut, 394. 4 19 ^H ^H , oin tbe Bvolution oT, by cwulk, 133 -, pilam UuUcr, 394 ^^H ^H -1 iamuiianeoiu, 444 . gajkl7] ^H ^H — — KJBp. 439 ^H , uble ^towiog ih« svenige intenaii/ ilIflt^rtfEit »oiirc«9 lit [imefentuin]pt.'jvtiire», 1 ^H at, Mul fioruumptioit or oil in didJBrani 171 1 ^1 knip, 197 , madia. 117 1 ^^^^^ , table ifaowiog ibe rebiivc inMiuiiy of lieiiip-MiK), titueod, uaio, (jJive, (br ^^B ^^^^H of llchi bom different luapt •■ Tixioiu fnntuat; wap, 3t(7 ^^H ^^^^f psriudi Ooin Ibo tiiiM! of liifbtiuK, 1U4 of iilipr, 394 ^H ^^P^ Ligni id wood, 3-2 ' of olive •oap, 406 ^^H ^H Lime puiiOer, tbc^ IOC ^■^ of Intpoutiiio, ISi ^^^1 ^H Liiisieol <fil, for Map, 3S7 ,oliv»,llS ^H ^H LitliArK«. Aoal/iii with, SI , palm, bteaobing of, 391 ^^\| ^H Livcr^Mxrl tuttier, the, IW , rapp, 1 ^^H ^H Lixtviolion of nltpetra-vorUi, 334 , «p«tfnacetj, 134 ^^H IHDBX. 601 Oil, table of the fiuklilj of, tl9 , min, 117 , varoifh, 433 of Titriol, 334 ■ ■ ' 1 iropnritjr of, 343 ■ - , fuming, 243 -. process of diatJUatioo of, 344 Oleic Bcida, 123 Olive oil, IIG P. Palm oil, bleaching of, 391 , Waits' process of bleaching, 393 soap, 421 Paraffin, 50 Peat-charcoal, table showing the value of, B3 , of the preparation of, 66 .^eat, 25 , older and recent, 35 , table of the amount of ash in, 28 Pelouze't tesi for refraction of saltpetre, 349 Picamar, 50 Pipes, gas, 161 Pjtacal, 50 Pitch coal, 32 Pit coal, carbonization of, 69 Platinum lamp, 443 Biili, 239 condensers, 241 ■ ■— produce of, 241 Portable and compressed gas, 186 Potashes, 285 , ash, 280 , namre of. 280 , composition of, 308 , constituents of calcined, 898 -, table of the constitution of differ- ent varieties of potashes, 308 , production of ash of, 294 , lixiviation of the ash of, 29-1 -, calcination of. 397 Potash, estimate of the value of, 300 Powder, ttt f;unpou'der. 351 , table showing the constitution of different varieties of, 356 triers, 377 Preparation of charcoal under a movable ooveriniti in mounds, 53 Produce, coking in fumaoea, 77 ■■■' in charcoal, 62 Production of charcoal, on the. Si of tai, 60 Pump lamps, 149 Purification and melting of the tallow, 119 of sulphur, 218 Pyrites furnaces, 326 I^roxylic spirit, 50 Rape oil, 114 Redootive powen of Amoricaa coals, 85 Refinery of sulphor, 318 RefleolOrs, ahadea, 156 Rosin, 138 , gas, 173 , densiiy of compared with ooal gas, , pine or white, 139 soap, 42 1 Retorts, the, 104 , olay. 107 Richardson (Thomas), experiments on coal, 38 Rise and progress of the arts and of teoh- oology, 15 Rock-salt in England, 345, 348 S. Salioor, 284 Soli, boiling of the brine for, 255 ■ , borings for, 250 , common sea, 245 — — , constituents of the brine, 250 from sea-water, production of, 346 gardens, 247 ——, graduation of brine for, 251 — — , Glauber's, 2ii;i , natural briiie wells, 249 pans, 260 pans, mother-liquor from, 259 , rock, in England, 215, 248 , table showing the localities and con- siiiueniB of, 250 , table of analysis of saline mud from Montier, and of panstono, 257 common, 259 , the schlotage of, 250 Saltpetre, Chili, 331 , condition necessary to tlio fiMmatioa of, 325 earth, lizivtaiion of, 334 from walls, 325 ——— in Sweden, 327 -, in the temperate zones, Ibrtnation of, 324 —— lye, treatment of the crude-, 337 -, boiling of tlie, 38U ■ , occurrence of native, 3J'J , ordinary, 322 ■ ■ plantations, 327 , production of, in SwiUerland, and at Longpoot, 320 refinery in Austria and Sweden, 345 -, refining process, 341 -, refraction of, 340 ■ '--■' ', prooest <rf Htisz, 348 -, Pelooae's test, 349 '■, theories of the process of nitrifica- tion of, 329 -, Thouvenel's methotl of producing, , what is, 320 326 602 IND£X. S«(i, tbe tyjiiaiiuienn oTiIm, 20 Sclilotagv of «ali. Qt6 Sca-Mlt, [able or Uis analyvia oT, 948 SM-Nra<«r, lable of wmpuailiuii uf tali in, Saa-vMd, eompoutkm of uh« Aom, 283 ^ , preparackMi urilio aali ftoai, 384 SeUiKUQ, iUiunlnfttillg su o( 110 Sludss, KflecMnT lfl6 SluiW or Auun, 130 SbiutM wxl botlM, uLi {torn, 360, 300 ttmitnbm lunp, us &IUjlt«, ODKUatDpLion of, 451] Soap-vroWr, icns fiwa, n5 Soa\|>, bone, 4'J('j , bimcbiug of pnliD oil rat, 3U1 ", Oaridion'* mid Zicr't piac«« of. as 1 , 3&-i , clilorin«, 4'iH , (wcM-nutoil, 3W, 410 , cold wau4 Ibr, 404 ■ ' ■-. uonipiuiiioii dI', 4'S'i , L'uhl fixirti uUlow for. 1 14 , GnUitn biilUf, toooa-nuc oil &r, 31M , hump well uil, liaaoed oil, tnJn oil, olive oil, 3b7 , liog'ti lar(% 3&J , light, 4J'J , lusiiul'iivtuie of, boiling pfoccM of, 3b6, 368 — ^, Matveillca, (Veocfion,) ot oU^to oii, 408 I uleic aciil, KNiiu ibr, 3M , palm oil, 4Vl , prooaw 01' bbUloK, 4l>tt , RMun, 421 , Boilu Mil in, 398 , soO, 4J2 , table uiviiJs ili« analjrua of diSennI kiiul* of; 431 . tntiiig tba lyo U, 309 -, ibrary of ttia (bsiUUioii ami pro>luc< lion of, 400 , ibe lye Ibr, 3M , the uinuurai;luro of, boiliDg of, 386, , loilei uiil uaiu{iarcai, 428, 4S0 . »»luH of, 430 ^p whii«,4l4 Soap-watn, gaa Irom. 176 StxxaKe, ibe, of mII, 3S7 8oiIa,athoC3«l , lAllIug piwcw of. 37) , bioufaoiMKi of. 280 oompoaiiion of bliuik Uill, 33 , conjenmion of acid of, 24 , crude, 209 , eniniaiioii of ibe vmlue of, 3011 ~^~ from cliloiule of Kidium, anlSuiol , 263 Oom marine plaDi, 3$3 . tixiviniioD of, 374 , native, 361 , other praoaMce Itn imking, 37 8 So<bi, MlutioD of black imSlt, W9 , sulphate of, 303 , table ebowlnglheeoiMllnulonioflhe diOeteot varteiiiM of, 308 , table of tfae ooninltacott of native, 26 1 , wiexlet of, 377 Sooi, lamp-black, 4M Spermiuxrlt, 126 camllf, 133 Steam, gcncmting powot of Amaricao conU, 40 Sieuiii toiler, IHd» ou ibe, 106 Stearic add. 121 Sivaniie, of, 121 rvnilli'X, 133 Siove. iM, Aii Study lamp, 140 Sulphate of km1>, 363 SnlphuT, riDiiva, 3 1 7 . ciiibonic acid gaaei with vupor ol, 231 drop, 330 -, now«ri cif, 239 -, piiriflcaiiiin of, 318 -, rafinory c(318 Sulphiirct of onrboo, 331 liycleagen, 331 Sulphuric acid, 323 . imptiriiy in, 242 ', Eouliab, ilieanMical prooeaaof. 334, 330 ' obanibcts, 333 ■ abaorlM oarbguic nod, 309 SulphiuoiM n£id gu, 33 1 Swedan, ponduoiian of ulipetre in, 327 SwitBeriand, prodaciiDn of saltpelie iii, 33fi T. Table of the ammint of vnta la wood, SO ol American coal (Jobnaoa'a), 48, 44 ■ of ths iipeeillii gnviiy in diflemu Iciuds of wood, 23 oftho com^iOMCivu of wooil«, 33 ^— - of the aiviount of aah lu diD'eicot Linda of p<M^ 38 — of the Hiuotini of oA m diffttreni kinilH of hrowii ooah 33 ^^^ uf iheL'umpuMliouof diffiiretd tiiniti of bruwn wal, 34 - of tlie spociOc iitarjiy and aoHHtiit of dill ill diflereiil liiiidtofMail, 37, 38 of the dieinicnl ciim position of di^ (creni vailebMof coal, 38; ofanthndta coal, SO ahotriog <hv produce of cbarooal from diffeieiti wooda, 63 - ■ sliowiitg llie Tuliia of wood fool, 78 ■liowioK tlie pioduM of charcuiil from varieties of btowrn coal, 69 I iliowiog tba valna of wood, ohaf oaal-p«l and pwvdiwogal u fuel, 8 1, S3 IHDEX. 503 Tsbl« showing die raloe of brown ooal, raiueral ooal, ooke nad Bnthncite, 83— B5 ' of the chemical cmnpoai^on of ¥&• rieties of fat, 1 14 — ■■ of the degieta of fiuidity in different liquids, 119 ' of the amount of gsa produced from different kinds of coal, under different circumstances, 161 ' of the illuminating power of coal gas at' different stages of the process, 163 showing (he nature of oil-gas ftom different sources at different temperatures, 171 — - — of the illuminating power of can- dles, 191 uf the comparative illuminating power ofcandles, 192 ' of the specific gisvity and the illu- minating power of gases, 304 of the comparison of the various methods of illuminBti<ni with each other, 215 — showing the relative intensity of light from different lamps at various pe- riods from the time of lighting, 196 of the comparative illuminating power of lamps, 196 showing Uie average intensity of light and consnmption of oil in different lamps, 197 ' of the amount of light from flames of different lengths, 205 showing the composition of salt in sea water, 246 ■ of analysis of the water from dif- ferent brine springs, 250 - of analysis of saline mud from Mon- tier, and panstone, 257 of analysis of salt from difierent localities, 359 - of analysis of mother-liquor fh>m salt pans, 259 of tiie analysis of sea salt, 248 of analyses of brines from New York springs, 260 ^^— of the constituents of soda, 261 ■ giving the analysis of different kinds of soap, 431 <^ the composition of the ashes from sea-weed, 283 ^ ~ of the relative amoimt of ash fiom different trees, 289 of the relative amonnt of ash fVom dirubs and herbs, 289, 290 > of the constiraents of the ash from different plants, 290, S92 of results of analysis showing the ohemica] compoeitioD of gun-cotton, 380 showing the constitution ol^ gun- powder and the amount of gas produced fhxn it, 355 Table of the constitution of difiisrent va- rieties of powder, 356 showing the oonstitntioo ct different varieties of soda, 308 showing the constitntioas of dif- ferent varietiee of potashes, 308 Tallow, of, 1 19 ■, D'Arcet's method of purification of, 121 ~, melting and purifloation of, 1 1 9 -, for soap purification of, 387 Technology, objects of, 17 ■; rise and progress of the arts and of.15 -, what is, 13 Tar, 51 .production oClamp-black with or wiib- OHl, 440 ■, the production of, 60 Train oil, 117 Translucent glass, 156 Trees, table of the relative amount of ash from different, 289 Toilet and transparent soap, 428 Turf, 19 Turpentine, 128 ' — — , common, 129 , Venice, 129 V. Value of soap, 430 Vapor lamps, 154 Varec, 285 Varnish, oil, 433 Venice turpentine, 129 Ventilation and heating of dwellings, 453 of gas burners, 485 Virgin-honey, 127 Vitriol, oil of, 223 W. Water, 20 , heating by, 100 , sea, table showing the composidon of salt in, 246 analysis of the, frtHn different Inine springs, 250 Wax, 126 , bleaching of, 127 , bleached bees', 12B , candles, 132 , cobbler's, 189 , honey virgin, or, 127 , Japan, 128 , ribboned, 127 Weight of the charcoal, 64 West SU)ckbridge charring Aimace, at, 66 Whinfield's gas burner, 484 Will, alkalimetry, method of, 304 Wine, yeast of, production of ashes from, 293 Winkler, experiments on wood, 2S 504 IITDEX. Woodf fibre, 31 Wood, 20 -, Amsrioan, Bolt's ezperiments on, 94 -, charring, 51 -, experiments ODibfHanigiWenMk, BuU, 33 , lignite, 32 -— — , relative value of heat in, 8 1 , spirit, 50 Woods, taUe of the oomposition of dif' ferent kinds ot, S3 ■, table c^ the amount oC water in, 31 Warms' lamp, 139 T. Tiflld of fioka diminished bjr rapiditjr of coking, 446 END OF VOL. I. ERRATUM. Pago 187, lines 20 and 'JU, for "cwts." read tons. nnu. •ooNaiHDiHo CO. STANFORD UNIVERSITY LIBRARIES CECIL H. GREEN LIBRARY STANFORD. CALIFORNtA 94305-6004 {415) 7231493 All books moy be recoiled ofler 7 doy» DATE DUE \ F/8 JON »0 OSS r i i >	__label__neg	chemicaltechnol00knapgoog	OL23385693M	OL13802295W	511	1,848

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Laws passed at the session of the General Assembly of the State of Colorado author: Colorado; Colorado. Laws, statutes, etc. Session laws of Colorado This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world's books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the publisher to a library and finally to you. 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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at |http : //books . google . com/ Author and Title Colorado. Laws, statutes, etc. Laws. Call Number KFC 1825 A2lt 1905 Vol. Copy THIS BOOK DOES NOT CIRCULATE OUTSIDE THE BUILDING Name Location Colorado . Lavs. Lav^, statutes, etc. KFC 1825 A2k 19C5 LAWS PASSED AT THE Fifteenth Session of the General Assembly of the State of Colorado* CONVENED AT DENVER. THE FOURTH DAY OF JANUARY. A. D. J 905. L PUBLISHED BY AUTHORITY DENVER, COLORADO: THE SMITH-BROOKS PRINTING COMPANY, STATE PRINTERS 1906. Entered according to Act of Congress, in the year 1906, Br JAMES COWIE. Secretary of State, for the nse of the State of Colorado, in the office of the Librarian of Congress, at Washinsrton. D. C. CERTIFICATE. STATE OF COLORADO, Office op the Seceetaey of State ■} I, James Cowie, Secretary of State of the State of Colorado, do heteby certify that by virtue of the authority vested in me by law, I have prepared for publication, and caused to be printed, a copy of all laws and resolu- tions passed by the Fifteenth General Assembly of the State of Colorado, at the biennial session thereof; that I have caused to be compared the said printed laws and resolutions with the original manuscripts thereof now on file in my office, and that the following are true, full and correct copies thereof. In Testimony Whereof^ I have hereunto set my hand and affixed the Great Seal of the State of (Seal.) Colorado. Done at Denver, Colorado, this tenth day of May, A. D., 1905. JAMES COWIE, Secretary of State. STATE OFFICERS AND MEMBERS OF THE FIFTEENTH GENERAL ASSEMBLY. EXECUTIVE DEPARTMENT. Jesse F. McDonald Governor Denver Samuel Hamill Wood Private Secretary Denver Arthur Comforth Lieutenant-Governor . . .Colorado Springs James Cowie Secretary of State Denver Timothy O'Connor Deputy Secretary of State Denver John A. Holmberg Treasurer of State Denver G. G. Withers Deputy Treasurer of State Denver Alfred E. Bent Auditor of State Denver Warren S. Daniels Deputy Auditor of State Denver Nathan C. Miller Attorney-General Denver William R. Ramsey Assistant Attorney-General Denver Irving B. Melville Second Asst. Attorney-General Denver Katherine L. Craig Supt. Public Instruction Denver Emily Griffith Asst Supt. Public Instruction Denver JUDICIAL DEPARTMENT. SUPREME COURT. William H. Gabbert.* Chief Justice Denver Robert W. Steele Associate Justice Denver John Campbell Associate Justice Denver Julius C. Gunter Associate Justice Denver Luther M. Goddard Associate Justice Denver John M. Maxwell .Associate Justice Denver George W. Bailey Associate Justice Denver Horace G. Clark Clerk Denver James Perchard Chief Deputy Denver Cornelius Westervelt Deputy Denver Samuel J. Shirley Bailiff Denver Richard W. Watson Bailiff Denver Felix A. Richardson Librarian Denver OFFICERS. DISTRICT JUDGES. Allison H. Del'rance First District Golden Samuel L. Caipenter Second District Denver Frank T. Johnson Second District Denver Booth M. Malone Second District Denver John I. Mulliiis Second District Denver Peter L. Palmer Second District Denver Jesse G. Nortlicutt Third District Trinidad Louis W. Cunningham Fourth District Colorado Springs William P. Seeds Fourth District Cripple Creek R. E. Lewis Fourth District Colorado Springs Frank W. Owers Fifth District Leadville James L. Russell Sixth District Durango Theron Stevens Seventh District Ouray Christian A. Bennett Eighth District Greeley James E. Garrigues Eighth District "Greeley John T. Shumate Ninth District Aspen N. Walter Dixon Tenth District Pueblo John H. Voorhees Tenth District Pueblo Morton S. Bailey Eleventh District •. . Canon City Charles C. Holbrook Twelfth District Alamosa Edward E. Armour Thirteenth District Sterling DISTRICT ATTORNEYS. John W. B. Smith First District Idaho Springs George Stidger Second District Denver A. Watson McHendrie Third District Trinidad Clarence C. Hamlin. Fourth District Colorado Springs James T. H*»gan Fifth District Breckenridge James A. Pulliam Sixth District Durango Hugo Selig Seventh District Montrose George H. Van Horn Eighth District Loveland James C. Gentry Ninth District Meeker S. Harrison White Tenth District Pueblo Augustus Pease Eleventh District Canon City James Delano Pilcher Twelfth District Alamosa William H. Pound Thirteenth District Julesburg OFFICERS. OFFICERS APPOINTED. T. W. Jaycox State Engineer Leadvllle Porter J; Preston .*.... Dep. State Engineer Las Anlmaa Charles W. Wells Dep. State Engineer Canon City E. L. White Commissioner of Mines Cripple Creek Mark G. Woodruff Register Land Board Creede Anna G. Brandt Deputy Register Cripple Creek Edwin V. Brake Deputy Labor Commissioner Denver W. A. Piatt Comm'r of Printing Colorado Springs Chas. Taylor Boiler Inspector Florence Bulkeley Wells Adjutant General Tellurlde C. A. Kelley Assistant Adjutant General Denver S. R. Scholz, Jr Inspector General Colorado Springs Matt P. Root Surgeon General Denver Mary Wright State Dairy Commissioner Broomfleld J. M. Woodard State Game and Fish Comm'r Pueblo John D. Jones Coal Mine Inspector Erie John Wellington Finch State Geologist Denver Harriet Stevenson Assistant State Librarian Denver John L. Russell Illuminating Oil Inspector Denver OFFICERS OF STATE INSTITUTIONS. STATE UNIVERSITY AT BOULDER. REGENTS. Thomas D. Baird Walsenburg Harold D. Thompson Cripple Creek William H. Bryant Denver Frank E. Kendrick Leadvllle Oscar J. Pfelffer ; Denver W. J. King r Villa Grove OFFICERS OF BOARD. James H. Baker President Boulder Edwin J. Ingram Secretary Boulder Wm. H. Allison Treasurer Boulder BUREAU OF LABOR STATISTICS. James Cowie Secretary of State Comm'r ex-offlclo Edwin V. Brake Deputy Commissioner 8 OFFICERS. BUREAU OF MINES. E. L. White Commissioner Cripple Creek DEPARTMENT OF INSURANCE. Alfred E. Bent Superintendent (ex-officio) Denver Frank S. Tesch Deputy Superintendent Denver Morris Lehman Chief Clerk Denver 30ARD OF CAPITOL MANAGERS. Jesse F. McDonald Governor and ex-offlcio Chainnan . Denver Herman Lueders Secretary Denver Otto Mears Denver . Joseph A. Thatcher Denver Harper M. Orahood Denver Charles J. Hughes, Jr Denver F. E. Edbrooke Supervising Architect Denver BOARD OF LAND COMMISSIONERS. Jesse F. McDonald, Governor. . . President Denver James Cowie Secretary of State Denver Nathan C. Miller .Attorney-General Denver Katherine L. Craig Supt. Public Instruction Denver Mark G. Woodruff Register Denver STATE BOARD OF EQUALIZATION. Jesse F. McDonald Governor Denver James Cowie Secretary of State Denver Alfred E. Bent Auditor Denver N. C. Miller Attomey-Greneral Denver John A. Holmberg Treasurer Denver R. R. Leese Secretary of Board Denver STATE BOARD OF ARBITRATION. E. M. De La Vergne ^Colorado Springs William Walk , Pueblo Glenn F. Games Secretary Denver OFFICERS. 9 STATE AUDITING BOARD. Jesse F. McDonald Governor Denver Alfred B. Bent Auditor Denver N. C. Miller Attorney-General Denver R. R. Leese Secretary of Board Denver STATE BOARD OF AGRICULTURE. Jesse F. McDonald, Governor. . . i Barton O. Aylesworth, President \ Ex-Offlcio Members ot the Board P. P. Sharp President Denver A. M. Hawley Secretary Fort Collins John A. Holmberg College Treasurer Denver E. D. Avery Local Treasurer Fort Cbll^ps Harlan Thomas Denver J. L. Chatfield Gypsum B." U. Dye Rocky Ford E. H. Grubb , Carbondale B. F. Rockafellow Canon City A. A. Edwards Fort Collins R. W. Corwin Pueblo BOARD OF CHARITIES AND CORRECTION. Rev. William S, Friedman President Denver Mrs. Stanley M. Casper Vice-President Denver Dr. David H. Dougan Denver Hon. William Thomas Breckenridge Dr. Eleanor Lawney Denver Rev. Thomas H. Malone Denver Jesse F. McDonald Governor ex-officio Denver Clarence E. Hagar Secretary Denver STATE BOARD OF PARDONS. Jesse F. McDonald, Governor. . . President Denver William D. Peirce Denver Ralph W. Smith Denver L. Edwin Courtney Denver Ben. W. Ritter Denver Clarence E. Hagar Secretary .Denver Anna G. Williams Clerk Denver 10 OFFICERS. STATE MILITARY BOARD. Governor Jesse F. McDonald Leadville Brigadier-General John Chase Denver Adjutant-General Bulkeley Wells Telluride Colonel Nathan C. Miller, Judge Advocate General La Plata Colonel S. B. Scholz, Jr., Inspector General, Secretary.. .Colorado Springs Colonel J. Q. MacDonald, Military Secretary Florence STATE NORMAL SCHOOL. QBEELET. Richard Broad, Jr President Golden A. J. Park Secretary Greeley J. M. B. Petreken Treasurer .Greeley * TRUSTEES. Richard Broad, Jr : Golden J. R. Killian Denver R. W. Corwin Pueblo M. R. Welsh Delta Chas. H. Wheeler Greeley Mrs. T. A. Rhoades Denver Miss Katherine L. Craig, State Supt Denver STATE SCHOOL OF MINES. GOLDEN. John p. Kelly President Golden James T. Smith Secretary Denver H. M. Rubey Treasurer Golden James J. Cone •. Canon City Joseph S. Jaffa Denver Frank Bulkley Denver STATE BOARD OF MEDICAL EXAMINERS. ' Dr. C. K. Fleming President Denver Dr. S. D. Van Meter Secretary Denver Dr. Geo. B. Packard Denver Dr. C. B. Conway Denver Dr. John Inglis Pueblo Dr. F. W. Singer Pueblo Dr. David A. Strickler Denver Dr. E. L. Salder Fort Collins Dr. T. W. Miles .Denver OFFICERS. 11 STATE BOARD OF NURSE EXAMINERS. Miss Lizzie L. Hudson President Denver Miss Louise Craft Boyd Secretary Denver Miss Lettie G. Welch Denver Miss Winifred A. Donaldson Denver Miss Nanna Clingan Denver COLORADO SCHOOL FOR THE DEAF AND BLIND. COLOBADO SPBINOS. J. F. Humphrey President Colorado Springs Mary S. McDonald Secretary Pueblo A. J. Lawton Treasurer Colorado Springs W. K. Argo Superintendent Colorado Springs Geo. E. West Durango u R. Gottlieb ; Trinidad Edwin J. Eaton Colorado Springs STATE INDUSTRIAL SCHOOL FOR GIRLS. MORRISON. Martha A. Taft President Denver Harriet G. R. Wright Secretary Denver Robert M. Golder Denver Clara L. Hunter Denver Dr. Josephine Peavey Denver Emma E. Page Superintendent Denver. . STATE INDUSTRIAL SCHOOL. GOLDEN. Thomas J. Downen President Pueblo John R. Schermerhorn Secretary Denver Fred L. Paddelford Superintendent Golden Joseph Dennis, Jr Member Golden ASYLUM FOR THE INSANE. PUEBLO. A. P. Busey Superintendent Pueblo COMMISSIONERS. Chas. Fisher Andrew Longmont M. A. Vigil ; , Walsenburg E. G. Middelkamp Secretary Pueblo A 12 OFFICERS. STATE PENITENTIARY. CANON CITY. John Cleghorn Warden Canon City W. E. Granger Deputy Warden Canon City A. R. Frisbie Chief Clerk Canon City Rev. J. P. Lucas Chaplain Canon City Frank N. Carrier, M. D Physician Canon City COMMISSIONEBS. Thomas M. Bowen President Pueblo Charles Munn President pro tern Ouray Henry L. White Secretary Canon City COLORADO STATE REFORMATORY. BUENA VISTA. Arthur C. Dutcher Warden Buena Vista COMMISSIONEBS. Thos. M. Bowen President Pueblo H. L. White Secretary Canon City Charles Munn Ouray SOLDIERS' AND SAILORS' HOME. MONTE VISTA. L. H. Cheney President Monte Vista H. C. Watson Vice-President Greeley T. C. Graden Secretary Durango T. J. Downen Treasurer Pueblo T. J. Downen Commander Pueblo STATE BOARD OF HEALTH. ' Wm. H. Davis, M. D President , . . .Denver George C. Stemen, M. D Vice-President Denver Hugh L. Taylor, M. D Secretary Denver F. N. Carrier, M. D Treasurer .Canon City Mark H. Sears, M. D Denver Hubert Work, M. D Pueblo Oliver J. Mayne, M. D Como J. Tracy Melvin, M. D Saguacbe Minnie C. T. Love, M. D Denver OFFICERS. 13 BOARD OF DENTAL EXAMINERS. F. H. Sutherland President Denver S. M. Townsend Denver John D. Parker Trinidad Rea P. McGee Denver Theodore Ashley *. Canon City STATE BOARD OF HORTICULTURE. W. S. Coburn President Hotchklss Martha A. Shute Secretary Denver Thurston White Canon City Geo. E. Harris Rifle David R. Stotler Ft. Lupton G. E. Richardson Alcott STATE BOARD OF EDUCATION. Katherine L. Craig Supt. of Public Instruction Denver James Cowie Secretary of State Denver Nathan C. Miller Attorney-General Denver COMMISSIONERS FOR THE PROMOTION OF UNIFORMITY OF LEGIS- LATION IN THE UNITED STATES. Robert J. Pitkin. Denver Jacob Filllus Denver Thos. H. Devine Pueblo STATE BOARD OF PHARMACY. S. L. Bresler Denver A. W. Scott Fort Collins W. L. Shockey Cripple Creek STATE HISTORICAL AND NATURAL HISTORY SOCIETY. Edward B. Morgan President Denver Nathan A. Baker Vice-President Denver George L. Cannon Vice-President Denver Charles R. Dudley Secretary Denver William D. Todd Treasurer Denver Will C. Ferril Curator Denver 14 OFFICERS. ; ; STATE HOME FOR DEPENDENT AND NEGLECTED CHILDREN. DENVEB. bora E. Reynolds President Denver Susie L. Curtis Denver Louise L. Arkins Denver Dr. Mary A. Ingersoll : Denver Tyson S. Dines Denver H. W. Cowan Superintendent Denver STATE BOARD OF VETERINARY SURGEONS. Chas. G. Lamb • Denver A. B. McCapes Idaho Springs C. F. Culver Longmont STATE VETERINARY SURGEON. Chas. G. Lamb Denver STATE BOARD OF STOCK INSPECTION COMMISSIONERS. L. K. Watkins Denver A. N. Parrish Lamar I. W. Bennett Fort Collins L. P. Sylvester. .' Monte Vista J. N. Pierce Leadville J. B. Farr Walsenburg Fred F. Hee Trinchera S. P. Sloss Basalt E. E. Shinn Montrose E. McCrillis Secretary Denver STATE BOARD OF CHILD AND ANIMAL PROTECTION. STATE CAPITOL, DENVEB. W. S. Cheesman President Denver J. J. Elliott Vice-President Denver E. K. Whitehead Secretary Denver A. G. Rhoads Treasurer Denver O. E. Tuft Asst. Secretary Denver H. B. Kerr Special Officer Denver J. E. Dougherty Recorder .Denver OFFICERS, 15 DIRECTORS. W. S. Cheesman. James H. Pershing. Wm. Smedley. George H. Harvey. Robert M. Golder. Jesse F. McDonald. F. S. Byers. C. H. Smith. W. G. Alexander. J. S. Temple. D. B. Graham. N. C. Miller. A. G. Rhoads. C. A. Thomas. Jacob J. Elliott. Miss Katherine L. Craig. FIFTEENTH GENERAL ASSEMBLY. THE SENATE. OFFICERS. Arthur Comforth President Fred W. Parks President Pro Tem M. Z. Farwell Secretary. J. C. Wells Reading Clerk Chas. H. Berry Sergeant-at-Arms P. Ricketts Assistant Secretary John Borschell Assistant Sergeant-at-Arms B. Pearson Assistant Sergeant-at-Arms John Nevitt Chief Enrolling Clerk I. A. Abbott. ; Docket Clerk H. M. Rhoads Chief Printing Clerk 16 SDNATOBS. _ £3^ ^ £3 £3,Q,Q ^ « Oi O.® ® OiOi d S *m:;::s u o «H -dii fi cd d «j o '=',^« <{pqpqmw :3 0) p. cd O g ■' 5 -6 00 ofi QP Q H il - SENATOBS. 17 ll o Q a c c c 1 I I I 2 2 2 3 3 s s P 9f 9f ^ ^ 0) O O 0) tf tf tf tf Q Q I 2 3 a (1) ^ Q & t< .!< c g 1 1 s 1 Q pi 1 •§ >> •g p. ^ o £ o s d h ^ '^ S5 '^ ;^ j^ 18 REPRESENTATIVES. HOUSE OF REPRESENTATIVES. OFFICERS. W. H. Dickson Speaker E. R. Harper Chief Clerk W. A. Bryans Assistant Clerk J. H. Crary Sergeant-at-Arms W. C. Blair Reading Clerk J. L. Frazer : Docket Clerk C. A. Whittier Chief Printing Clerk Harry Tarbell Chief Enrolling Clerk L. Garcia Bill Clerk T. H. Johnson Assistant Sergeant-at-Arms B. H. Abbott Assistant Sergeant-at-Arms EEPBESENTATIVES. 19 o 2 33 333d33 m > -H H SI a. £ s Si 3JS:22|§ o s < OQ .:tj ii 0) eddiSo »:^ «<pq npqpqpcnn £ *^ ggmu n o o ft- 13 I I § X a d . ih : o o »« §g > o 2©^ W W d 6 bo •§ Q hS C . d 1^ Sod) 3t) PQ Qfa d (0 § d ^ -s > d 20 BEPBESENTATIVES. |ii| til ill :tftf sis! s o O 11 ^ QQ O g ^ Ph o 0, P^ W I ;? o 03 a} 5 A jQ § a> WO roWOJ PipH P^Q ^1 i^^^ oT3 O <D o 3 00 SffiSW Uii lis fie ©a £^S c3 :"£ P<=! C3 . O 8 •-8 ■Stf WW P5j<s .C3 ■MO® -r* •?W W»3§S fio2 ^3-S ^ ^E ■s^s c - 2 fi P ©flSs po g EEPBESENTATIVES. 21 G g pj Cj 1 s oS JQ ,Q ^A P P PS 0. 0. ao. O o o ® fA p^ tftf > OQ (A C4 > Q P o oo B OQ c ci3 ,S2-M o 4) d o ^1 *< III n tH) JO? «»§• a! OJQQGG QQ ^ ^P^ V U e* qdqdEh OA S An N o ^ Is: fa *3 o >» 5^ o .t; Si "O jz to Ch. 1.] APPROPRIATION. 23 CHAPTER 1. APPEOPEIATION. ACTIONS— KANSAS-COLORADO. (H. B. No. 155, by Mr. McEwen.) AN ACT TO APPROPRIATE MONEY FOR THE PURPOSE OF PAYING THE EXPEfSSES OF DEFENDING THE ACTION INSTITUTED IN THE SUPREME COURT OF THE UNITED STATES BY THE STATE OF KANSAS AGAINST THE STATE OF COLORADO, ET AL., TO RESTRAIN THE DIVERSION OF THE WATERS OF THE ARKANSAS RIVER IN COLORADO, OR ANY OTHER SUIT WHICH MAY BE BROUGHT BY THE STATE OF KAN- SAS AGAINST THE STATE OF COLORADO, AND FOR THE PROTECTION OF THE RIGHT TO USE THE NATURAL STREAMS OF COLORADO FOR IRRIGATION, WHEREVER THREATENED. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That for the purpose of paying the ex- Expense defense penses of the executive department of the State of Colo- of suit brought rado, hereafter incurred in defending the action insti-^^ Kansas. tuted in the Supreme Court of the United States by the State of Kansas against the State of Colorado, et al., to restrain the diversion of the waters of the Arkansas River in Colorado, or any other suit which may be brought and prosecuted on the part of the State of Kan- other defenses sas and its citizens against the State of Colorado and its to protect water citizens, or either, and for the protection of the right to n&hts. use the natural streams of Colorado for irrigation, wherever threatened there is hereby appropriated out of the money in the State Treasury, the sum of thirty-four Appropriation. thousand dollars (f84,000), or so much thereof as may be necessary for the purposes herein provided. Sec. 2. The said fund shall be under the control and control of fund. direction of the Governor, the Attorney General and the 24 APPROPRIATION. [Ch. 2. be Auditor of State, and, upon their voucher, shall drawn upon by the Auditor in the ordinary manner. Emergency. See. 3. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. CHAPTER 2. AFFBOFBIATION. ARTESIAN WELL— WASHINGTON COUNTY. (H. B. No. 237, by Mr. Vance.) AN ACT TO PROVIDE FOR THE SINKING OF AN ARTESIAN WELL IN TOWNSHIP 3 NORTH, AND RANGE 52 OR 53 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AT OR NEAR AKRON, WASHINGTON COUNTY, COLORADO, FOR THE PURPOSE OF TESTING THE FLOW OF ARTESIAN WATER, FOR IRRI- GATING AND DOMESTIC PURPOSES; PROVIDING A BOARD TO LOCATE SAID WELL AND SUPERINTEND THE CON- STRUCTION OF THE SAME, AND MAKE AN APPROPRIA- TION FOR THE PAYMENT THEREOF. Be it Enacted }>y the General Assembly of the State of Colorado: AppropriaUon. Section 1. There is hereby appropriated out of any money in the State Treasury, belonging to the In- ternal Improvement Permanent Fund or the Internal Improvement Income Fund, the sum of six thousand dollars (f 6,000), or so much thereof as may be necessary, for the purpose of sinking an artesian well -at a point to be hereafter determined, in township 3 north, range 52 or 53 west of the Sixth Principal Meridian, at or near Akron, Washington County, Colorado; and for the purpose of testing the flow of artesian water, for irri- gating and domestic purposes. Ch. 2.] APPKOPKIATION. 25 Sec. 2. The State Engineer, the Chairmaai of Board of the Board of County Commissioners of Washington s^p®'^*^*^'* County and the County Clerk of Washington County ^^"'p''^^^ '''• shall be and are hereby constituted a board of super- vision for the purpose of locating and sinking said well, of which board the Chairman of the Board of County Commissioners shall be the chairman and the State En- gineer shall be the secretary. Sec. 3. It shall be the duty of the board of super- Duty of board, vision, as soon as it may be convenient and practical after this act shall take effect, to carefully investigate and to select such location of the site for the sinking of said well in. said township and range or ranges, at a point at or near Akron, Washington County, Colorado, as in their judgment they may deem most likely to pro- duce the best results in the carrying out of the objects of this act. Sec. 4. If said well should be located on other than if not located State lands, the same must first be donated and con- on state lands, veyed to the State of Colorado with good and suflScient Donated and title, for use in carrying out the objects and purposes conveyed to of this act, and such donation shall consist of not less state, than one hundred and sixty acres of land, the title whereof shall, by the terms of the conveyance donating the same, revert to the donor in the event that the ex- _ periment shall for any cause be abandoned by the State, ^^o^^o^^ Upon failure 6n the part of the State for the period of two years to diligently prosecute the work of prospecting paiiure to for, developing or sinking said well, and upon satis- diligently factory proof thereof to the Attorney General of the p^^^^®^^*® ^^^^ State of Colorado, it shall be the duty of said board of supervision on behalf of the State, upon request of the party in interest, to reconvey to the original donor, his Reconvey lands heirs or assigns, the lands so donated to it, such con- '^ ^°^^'^* veyance to be made by the same form of instrument by which the board acquired the right to the land. Sec. 5. It shall be the duty of said board, as soon Board advertise as practicable after the site is selected, to advertise for for bids, bids for four consecutive issues in one weekly paper published in the County of Washington, State of Colo- rado, for the sinking of said well. Said proposals shall proposals be accompanied by specifications, also certified check, accompanied payable to the said board for two hundred and fifty dol- ^y- 26 APPEOPEIATION. [Ch. 2. Contract. Bond for performance. Board appoint superin- tendent. Statement character of strata. Samples of strata. Monthly estimates. State Engineer draw voucher. Auditor draw warrant. Emergency. lars (?250), said check to be returned to the successful bidder after contract is entered into and sureties fur- nished; others to be returned to bidders as soon as con- tact [contract] is let. Said board shall require good and sufficient bond, with approved securities, from the contractor, in an amount equal to the estimated amount of said contract, conditioned upon the completion of said work according to the contract drawn by the said board and the specifications submitted by said con- tractor. Sec. 6. The board of supervision shall appoint a superintendent to personally look after the interests of the State of Colorado as connected with those of the con- tractor, who shall receive a reasonable compensation therefor. The contractor shall be required under the conditions' of the contract to furnish said superintend- ent a detailed statement of the classification of the strata or material through which said well shall be sunk. He shall also furnish specific samples of all the various strata encountered to said superintendent, during the progress of the work of sinking the said well. Sec. 7. During the progress of the said work, the State Engineer shall cause to be made monthly esti- mates of the amount of work done during the month just passed, and shall draw a voucher for 80 per cent, of the said estimate in favor of the said contractor. Upon the completion of the said work in accordance with the specifications bid upon, and with the terms of the contract and the acceptance by the board, the State Engineer shall draw and approve a voucher in favor of the said contractor for whatever amount may be due under the terms of the contract at that time, and the Auditor of State is hereby authorized to draw warrants for the amounts specified in the various vouchers so drawn by the State Engineer from time to time. Neces- sary expenses for viewing, selecting location and secur- ing and filing of papers connected with title are to be deducted and paid from said appropriation. Sec. 8. Whereas, in the opinion of the General As- sembly as [an] emergency exists; therefore this act shall take effect from and after its passage. Approved April 7, 1905. Ch. 3.] APPROPRIATION. 27 CHAPTER 3. APPBOPSIATION. HIRAM P. BENNET. (S. B. No. 122. by Senator Booth.) AN ACT MAKING AN APPROPRIATION TO PAY, AND THE MANNER OF PAYMENT, TO HIRAM P. BENNET, LATE STATE AGENT, FOR SERVICES RENDERED THE STATE OF COLORADO, ON A CONTRACT UNDER AN ACT OF THE FIFTH GENERAL ASSEMBLY, ENTITLED "AN ACT TO PROVIDE FOR THE APPOINTMENT OF A STATE AGENT, APPROVED MARCH 31, 1885." Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated moneys Appropriation, in the treasury not otherwise appropriated belonging to the general fund, the sum of four thousand one hundred fifty-three and eighty-eight one hundredths dollars (?4,- 153.88), or so much thereof as may be necessary, the same constituting a claim of the first class, to pay Hiram P. Hiram p. Ben- Bennet, late State Agent, an officer of the executive de- '^et-for services partment, compensation due him for services rendered the State for the recovery of indemnity for school lands lost to the State, on a disputed claim of the State of Colorado against the United States, by virtue of his said office and contract with the State of Colorado, executed contract with by the Governor and Attorney General of the State, bear- ®*^*^ ing date the 19th day of May, 1888, as provided for in act to provide for the appointment of a State Agent, ap- proved March 31, 1885. Sec. 2. In the opinion of the General Assembly an Emergency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 11, 1905. 28 APPROPRIATION. [Ch. 4. CHAPTER 4. AFPBOPBIATION. BRIDGE— ANIMAS RIVER. (H. B. No. 323, by Mr. McEwen.) AN ACT TO CONSTRUCT A STATE WAGON BRIDGE ACROSS THE ANI- MAS RIVER AT OR NEAR LA POSTA, LA PLATA COUNTY, AND MAKING AN APPROPRIATION THEREFOR. Be it Enacted hy the General Assembly of the State of Colorado: Appropriation. Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Im; provement, Permanent or Income Fund, and out of any moneys which may hereafter be credited to said fund, or either of them, and not otherwise appropriated, the sum of three thousand dollars (f 3,000.00), or so much thereof as may be necessary to construct a State wagon bridge across the Animas River, at or near La Posta, La Plata County, Colorado. Board of Con- Sec. 2. The Govcmor, the County Surveyor of La struction. Plata County, and Chairman of the Board of County Com- missioners of La Plata County shall constitute the board of construction. Board deter- Sec. 3. The exact place of location for constructing mines location, gaid bridge to be determined by the board of construction. Plans and sped- Sec. 4. It shall be the duty of said board Of construc- flcations. tion, as soon as this act takes effect to secure plans and Bids. specifications and advertise for bids for the construction Contract. ^^ said bridge and to award the contract to the lowest responsible bidder. Sec. 5. Upon the completion of said work according Auditor draw to contract, and upon a certificate to that effect from the warrant. board of Construction, the Auditor of State shall draw Ch. 5.] APPKOPEIATION. 29 and the State Treasurer shall pay a warrant for the amount of said contract. Sec. 6. In the opinion of the General Assembly an Emergency, emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 5. APPBOPBIATIOir. BRIDGE— ARKANSAS. RIVER. (S. B. No. 83, by Senator Wood.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A WAGON BRIDGE AND APPROACHES ACROSS THE ARKANSAS RIVER, ON THE TOWNSHIP LINE, BETWEEN RANGES 45 AND 46 WEST, TOWNSHIP 22 SOUTH, ALL WEST OF THE SIXTH P. M., COUNTY OF PROWERS AND STATE OF COLORADO, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out Appropriation. of any money in the State Treasury belonging to the In- ^"^<i- ternal Improvement Permanent Fund, or the Internal Income Fund, or which may hereafter be credited to either of said funds, the sum of four thousand dollars ($4,000.00), or so much thereof as may be necessary, for the purpose of constructing the said bridge across the Bridge. Arkansas Eiver in Prowers County, Colorado, on the range line running through township 22 and between Location ranges 45 and 46 west of the 6th P. M., in the County of i^*?™*""^^ ^^ Prowers, Colorado, the exact location to be determined Engineer. by the State Engineer. 30 APPEOPBIATIOX. [Ch. 5. Board of Construction — composed of- Advertise for bids. State Engineer examine plans submitted. Report to board. Contract awarded to lowest responsible bidder. Bond for performance. Inspector of construction- appointed by board. State Engineer certify to 50 per cent of amount. Public highway. 8ec. 2. The State Engineer and the Chairman of the Board of County Commissioners of said Prowers County shall be and are hereby made a board for the purpose of constructing said bridge. Sec. 3. It is hereby made the duty of said board, as soon as this act takes eflfect, to advertise in one weekly paper published in the said Prowers County for at least four consecutive issues, soliciting bids. Said bids to be accompanied with plans and specifications for the con- struction of such bridge. Sec. 4. Upon the receiving of said bids it shall be the duty of the State Engineer to at once make a thor- ough examination of the various plans and specifica- tions submitted in connection with the said bids. After such examination he shall report to said board recom- mending which bid is the lowest taken in connection with the plans and specifications submitted, and if the person, persons or corporation who may have such bid is considered by said board to be responsible, the con- tract shall be awarded to such bidder. If the lowest bidder in accordance with said report be not considered responsible, then the contract shall be awarded to the lowest bidder who may be considered responsible by the said board of construction, who shall give a good and sufficient bond to be approved by said board of construc- tion equal to the amount of the contract for the faith- ful performance thereof. Sec. 5. During the progress of said work the said board shall designate some proper person of suitable ability to act as inspector of said construction, who shall report to the said State Engineer as often as required. Sec. 6. At the time the material for the construc- tion of said work is at said bridge site, the State Engi- neer shall certify in the form of a voucher, to the Auditor, that the said contractor is entitled to receive 50;^ of the amount of the contract price. Sec. 7. Said bridge, when completed, shall be a public highway, and free to the use of all persons and vehicles, and shall be kept in repair by the commission- ers of the said county. Sec. 8. Upon the completion of said bridge in ac- cordance with the plans, specifications and with the Ch. 5.] APPROPRIATION. 31 terms of the contract, and its acceptance by the said state board, the said State Engineer shall draw and approve Engineer a voucher in favor of said contractor for whatever ^Q^^^er amount may be due under the terms of the contract at ^^"^ tl^at time, and the Auditor of State is hereby authorized to draw warrants for the amount specified in the vari- ous vouchers so drawn by the State Engineer from time Auditor draw to time. Necessary expenses for viewing, surveying, lo- warrants. eating, advertising, inspection and testing of material are to be deducted and paid for from the said appropria- tion. Sec. 9. In case the board shall find, after the re- Deficiency of ceipt of the bids for the construction of said bridge, that ^"'^^• the amount then remaining to the credit of the sum hereby appropriated is insuflScient to pay for the same ac- cording to the bid, plans and specifications adopted, construction then construction of the same shall not be abandoned ; not Provided, That the County of Prowers, or any person or ^^oviso'^^*^" persons, company or corporation, shall subscribe for and ^^^^ ^^* bind themselves in a manner acceptable and satisfactory to the person, persons, company or corporation entitled to have their bid accepted, to pay the additional amount required to complete the construction of the bridge in accordance with the bid, plans and specifications adopted by the said State Engineer. Sec. 10. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall be in force and take effect from and after its passage. Approved April 7, 1905. 32 APPROPRIATION. [Ch. 6, CHAPTER 6. APPBOPBIATION. BRIDGE— ARKANSAS RIVER. . (S. B. No. 85, by Senator Wood.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A STATE BRIDGE ACROSS THE ARKANSAS RIVER, IN PROWERS COUNTY, COLORADO, ON SECTIONS 14 AND 23, IN TOWNSHIP 23, SOUTH, OF RANGE 42 WEST, ON SAID RIVER, AND TO AP- PROPRIATE MONEY FOR THE PAYMENT OF SAME. Appropriation. Fund. State bridge. Location. Personnel of board. Advertise for plans and speci- fications. Advertise for bids. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of any money in the State Treasury, belonging to the In- ternal Improvement Permanent Fund, or the Internal Im- provement Income Fund, or which may hereafter be cred- ited to either of said funds, the sum of five thousand dol- lars (J5,000), or so much thereof as may be necessary, for the purpose of constructing a State bridge across the Ar- kansas River, in Prowers County, Colorado, at the most available location on said river on sections 14, 15, 22 and 23, in township 23 south, of range 42 west ; the exact loca- tion of such bridge shall be determined by the comtnission mentioned in section (2) of this act. Sec. "2. The State Engineer and the Chairman of the Board of County Commissipners of the County of Prowers shall be and hereby are made a board for the purpose of locating and constructing such bridge. Sec. 3. It is hereby made the duty of said board, as soon as this act takes effect, to advertise for and secure plans and specifications for the construction of such bridge. Sec. 4. Upon the adoption of proper plans and speci- fications for the construction of a wagon bridge as afore Ch. 6.] APPKOPBIATION. 33 said, it shall be the duty of such board to advertise for Let contract. bids in accordance therewith, and thereupon they shall let the contract thereof to the lowest responsible bidder. Sec. 5. Such State bridge, when constructed, shall Public highway. be a public highway, and free to the use of all persons, and when so constructed it shall be the duty of the County of Prowers to keep such bridge in repair, at its own ex- pense. • Sec. 6. Upon the completion of said bridge, accord- Auditor draw ing to contract, the Auditor of State ig hereby authorized warrants. and directed to draw warrants for the amount appro- priated by section (1) of this act, or so much thereof as may be necessary, for the purpose of paying the amount due on said contract. Sec. 7. In case there be no money in said fund or Deficiency of funds to meet the said appropriation or any part thereof, '"'^^• at the time of payment for said work ; or any part thereof, the State^ Treasurer is hereby authorized and directed to Treasurer pay pay the warrants drawn by the Auditor of State, for the warrants-with amount herein appropriated, with valid State warrants s^*® warrants. invested in said fund or funds, and said warrants so in- vested shall be received by any and all contractors of Received at said work at par, with accrued interest thereon, in full par. payment of the contract price of said work or any por- tion thereof, for the payment of which there may be no money in said fund or fiends. Sec. 8. In the opinion .of the General Assembly an Emergency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 34 APPROPRIATION. [Ch. 7. CHAPTER 7. APPBOPBIATION. BRIDGE— BIJOU CREEK. Appropriation. Fund. State bridge. Location. Board of construction composed of. Select location. Let contract. Advertise for bids. State Auditor pay warrants. Emergency. (S. B. No. 138, by Senator Hill.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A STATE BRIDGE ACROSS BIJOU CREEK OR RIVER IN MORGAN COUNTY, COLORADO. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any funds in the State Treasury belonging to the Internal Improvement Permanent Fund, or Internal Improve- ment Income Fund, or valid warrants belonging to said funds, not otherv\ise appropriated, the sum of two thousand dollars (?2,000), or so much thereof as may be necessary, for the purpose of constructing a State bridge in Morgan County, across the Bijou Creek or River, at some convenient point upon said stream, within two miles of Vallery station or siding. Sec. 2. The Governor, the State Engineer and the Chairman of the Board of County Commissioners of Mor- gan County shall be and they are hereby constituted a board to select the exact location for said bridge, to let the contract therefor and to superintend the construction thereof, and when so completed to accept the same, and the said board shall advertise for bids for the construction of said bridge and shall let the same to the lowest respon- sible bidder. Sec. 3. Upon the completion of said bridge accord- ing to contract and a certificate to that effect from said commissioners, the State Auditor is directed to pay a warrant or warrants for the sum of said contracts. "Sec. 4. In the opinion of the General Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. Ch. 8.] APPROPRIATION. 35 CHAPTER 8. APPE0PEIAT30N. BRIDGE— CLEAR CREEK. (S. B. No. 104, by Senator Alexander.) AN ACT TO COMPLETE THE CONSTRUCTION OF A BRIDGE ACROSS CLEAR CREEK ON THE COUNTY LINE BETWEEN JEFFER- SON COUNTY AND ADAMS COUNTY, AND TO APPROPRI- ATE MONEY FOR THE SAME. Be it EncLcted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation. money in the State Treasury belonging to the Internal Fund. Improvement Permanent or Income Fund, the sum of fifteen hundred dollars, or so much thereof as may be necessary for the purpose of completing the construc- tion of the State bridge across Clear Creek on the county line between the Counties of Jefferson and Location of Adams; being for the completion of the bridge the con-^'^*^^®- struction of which was provided for by the Fourteenth General Assembly of this State by act approved April 15, 1903, appropriating the sum of two thousand five hundred dollars for such construction, which sum has proven inadequate for that purpose. Sec. 2. The State Engineer of this State, with the Board of Chairman of the Board of Commissioners of Jefferson construction. and Adams Counties, are hereby designated and consti- tuted a board for the purpose of constructing and com- pleting such bridge. Sec. 3. It is hereby made the duty of said board, Plans and as soon as this act takes effect, to advertise for and specifications. secure plans and specifications for the completion of said bridge. 36 APPROPRIATION. [Ch. 8. Board- advertise for bids. Let contract. b£ay reject bids* Bond from contractor. Public highway. Repair after construction. Auditor draw warrants. Board certify sum to auditor. Emergency. Sec. 4. Upon the adoption of proper plans and specifications for the completion of said bridge as afore- said, it shall be the duty of said board to advertise for bids for the construction and completion of said bridge, in accordance with said plans and specifications, and thereupon they shall let the contract therefor to the lowest responsible bidder; Provided, however. That the board shall have the power to reject any and all bids and advertise for new bids if, in the judgment of the board, the interests of the public so require. Said board shall require a good and suflBclent bond from the party to whom said contract is awarded, in such sum as the board shall require, conditioned for the completion of such work in accordance with said contract. Sec. 5. Said State bridge, when constructed and completed in accordance with the terms of this act, shall be a public highway, and free to the use of all persons as a wagon bridge. Sec. 6. When constructed and completed, it shall be the duty of the Counties of Jefferson and Adams to keep such bridge in repair at their own joint expense. Sec. 7. Upon the completion of said bridge accord- ing to contract, the Auditor of State is hereby authorized to draw warrants on said funds, or either thereof, men- tioned in section 1 of this act, for the amount hereby appropriated, or so much thereof as may be necessary, for the purpose of paying for the construction and com- pletion of said bridge. Said board shall certify to said Auditor the sum necessary for that purpose, and to whom the same shall be paid. Sec. 8. In the opinion of the General Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, lOQo. Ch. 9.] APPROPRIATION. 37 CHAPTER 9. AFPBOPBIATION. BRIDGE— CLEAR CREEK. (H. B. No. 134, by Mr. O'Connell.) AN ACT TO PROVIDE FOR THE FINISHING OF THE APPROACHES TO A BRIDGE AT THE NORTH FORK OF UPPER CLEAR CREEK, AT THE TOWN OF EMPIRE, COUNTY OF CLEAR CREEK AND STATE OF COLORADO, AND TO APPROPRIATE MONEY FOR THE SAME. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation, money in the State Treasury belonging to the Internal Fund. Improvement Fund or Income Fund and not otherwise appropriated the sum of five hundred dollars or so much thereof as may be necessary to put in a safe and sub- stantial condition the approaches referred to in the title of this act. Sec. 2. The State Engineer of this State with the Board of con- Chairman of the Board of County Commissioners ofstruction. Clear Creek County and the Mayor of the Town of Em- pire, shall be and the same are hereby made a board of construction for the performance of said work. Sec. 3. Upon the completion of said approaches and Auditor draw upon notice from the board it shall be the duty of the warrants. Auditor of State to draw warrants for the amount ap- propriated by section one of this act, or so much thereof as may be necessary for completing said ap- proaches. Sec. 4. In the opinion of the General Assembly, an Emergency. emergency exists; therefore, this act shall be in force and effect from and after its passage. Approved April 7, 1905. 38 APPROPKIATION. [Ch. 10. CHAPTER 10. APPROPRIATION. BRIDGE— CONEJOS RIVEH. (H. B. No. 181, by Mr. Garcia.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF AN IRON OR PARTLY IRON, OR STEEL AND PARTLY WOOD BRIDGE ACROSS THE CONEJOS RIVER, IN CONEJOS COUNTY, COLORADO, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Appropriation. Location of bridge. Proviso- no money- Treasurer draw State warrants. Warrants received by contractor at par. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Improvement Permanent Fund, or the Internal Iniprove- nient Income Fund, and out of any money which may hereafter be credited to said fund or funds and not otherwise appropriated, the sum of three thousand five hundred dollars ($3,500.00), or so much thereof as may be necessary, for the purpose of constructing a State bridge of iron or steel over and across the Conejos River, at or near the Town of Guadalupe, in Conejos County, Colorado, the exact location and the material used to be determined by the commission mentioned in section two hereof; Provided, in case there shall be no money in said funds to meet said appropriation, or any part thereof, at the time of payment for said work, the State Treasurer is hereby authorized and directed to pay the warrants drawn by the Auditor of State for the amount herein appropriated, with valid State warrants, invested in either or both of said funds; said warrants to be received by the contractor of said work at par, with accrued interest thereon, in full payment of the contract price of said work, or any part thereof, for the Ch. 10.] APPROPRIATION. 39 payment of which there may be no money in said funds, or either of them. Sec. 2. The Governor and the State Engineer of Personnel of this State, with the Chairman of the Board of County i>oard of Commissioners of Conejos County, shall be and hereby ^*^^^*^^°***^'^' are made a board for the locating and construction of said bridge, and it is made the duty of said board, as soon as this act takes effect, to advertise for plans and Advertise for specifications for the construction of said bridge. p^^^is. Sec. 3. Upon the adoption of the plans and specifi- cations for the construction of a wagon bridge as afore- said, it shall be the duty of said board to advertise for Board advertise bids in accordance therewith and thereupon let .the con- for bids, tract to the lowest bidder; Provided, That if the board shall determine, after due examination and survey, that the bridge provided for in this act can not be constructed insufficient with the amount of money herein appropriated, then no appropriation, part of said appropriation shall be expended, unless the Board of County Commissioners of Conejos County, ot other responsible parties, shall agree to furnish the No expenditure amount required in excess of this appropriation, and unless, shall furnish to this commission, or board, satisfactory evidence that such excess money will be forthcoming on demand by said commission, or board, at the completion and acceptance of the work. Sec. 4. Such bridge, when constructed, shall be a Public highway. public highway and free to the use of all persons; and it shall be the duty of the County Commissioners of said county to maintain and keep the same in repair. Sec. 5. Upon the completion of said bridge, on completion, notice from the commission or board, it shall be the duty of the Auditor of State to draw warrants for the amount appropriated by section one, of this act, or so much Auditor thereof as may be necessary, for the purpose of paying ^raw warrants. the amount due on said contract. Sec. 6. In case there be no money in said fund or proviso— no funds to meet the said appropriation, or any part thereof, money in funds. at the time of payment for said work, or any part there- of, the State Treasurer is hereby authorized and directed to pay the warrants drawn by the Auditor of State, for Treasurer draw the amount herein appropriated, with valid State war- state rants invested in said fund or funds, and said warrants ^^"^'^*^* so invested shall be received by any and all contractors 40 APPROPRIATION. [Ch. 11. Warrants received by contractor at par. Emergency. of said work at par with accrued interest thereon in full payment of the contract price of said work, or any por- tion thereof, for the payment of which there may be no money in said fund or funds. Sec. 7. Whereas, an emergency exists in the opinion of the General Assembly; therefore, this act shall be in force from and after its passage. Approved April 7, 1905. CHAPTER 11. APFBOFBIATION. BRIDGE-DOLORES RIVER. (H. B. No. 28, by Mr. Hutt.) AN ACT FOR THE CONSTRUCTION OF A BRIDGE ACROSS THE EAST FORK OF THE DOLORES RIVER, AT OR NEAR A POINT THREE MILES NORTH OF THE TOWN OF RICO, IN DOLO- RES COUNTY, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of any money in the State Treasury belonging to the In- ternal Improvement Income Fund, or Permanent Fund, or either of them, or which may hereafter be credited to either of said funds, the sum of two thousand dollars (f 2,000), or so much thereof as may be necessary, for the purpose of constructing a State bridge across the east fork of the Dolores River, at or near a point three miles north of the Town of Rico, in Dolores County, Colorado. Location deter- The exact locatiou of Said bridge shall be determined by mined by board, the Commission mentioned in section two of this act. Personnel of Sec. 2. The State Engineer and the Chairman of board. the Board of County Commissioners of Dolores County Appropriation. From what fund. Construct bridge. Ch. 11.] APPROPRIATION. 41 shall be and are hereby constituted a board for the pur- pose of locating and constructing said bridge. Sec. 3. It is hereby made the duty of said board, as Advertise for soon as this act takes effect, to advertise for and secure plans and speci- plans and specifications for the construction of said ^°^**°'^- bridge. Sec. 4. Upon the adoption of proper plans and Advertise for specifications for the construction of said bridge, it shall ^*^- 1)6 the duty of said board to advertise for the construc- tion of the same, according to the plans and specifications Let contract, aforesaid, and thereupon they shall let the contract for the said construction to the lowest responsible bidder. Sec. 5. Said bridge, when constructed, shall be apubiic highway, public highway, and free to the use of all persons. Sec. 6. It shall be the duty of the County of Dolores county keep in to keep said bridge in repair at the expense of said^^P^**"- county when the same shall have been constructed. Sec. 7. When the said bridge shall be completed ac- Auditor draw cording to contract, the Auditor of the State of Colorado warrants, is hereby authorized to draw warrants for the payment of the amount appropriated by section one (1) of this act, or so much thereof as amy [may] be necessary for the purpose of paying the amount due on said contract. Sec. 8. In the opinion of the General Assembly an Emergency, emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 42 APPROPRIATION. rch. 12. CHAPTER 12. APFBOFBIATION. BRIDGE— LAS ANIMAS RIVER. (S. B. No. 107, by Senator Wood.) AN ACT FOR THE CONSTRUCTION OF A BRIDGE ACROSS THE LAS ANIMAS RIVER, AT OR NEAR THE TOWN OF SOPRIS, IN LAS ANIMAS COUNTY, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Appropriation. Fund. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of any money in the State Treasury, belonging to the Internal Permanent Fund, or the Internal Improvement Fund, or out of any money which may hereafter be credited to either of said funds, and not otherwise ap- propriated, the sum of six thousand dollars, or so much thereof as may be necessary for the purpose of con- structing a bridge across the Las Animas River, at or near the Town of Sopris, in Las Animas County. The exact location of such bridge and the material to be used in its construction, shall be determined by the commission mentioned in section 2 of this act. Sec. 2. The State Engineer and the Chairman of the Board of County Commissioners of Las Animas County, shall be, and are hereby, made a board for the purpose of locating and constructing said bridge. Board advertise Sec. 3. It is hereby made the duty of said board, for plans. as soou as this act takes effect, to advertise for and secure plans and specifications for the construction of such bridge. Sec. 4. Upon the adoption of proper plans and specifications for the construction of a bridge, as afore- Location. Personnel of ooard. Ch. 12.] APPROPRIATION. 43 it shall be the duty of said board to advertise Board advertise for bids in accordance therewith, and thereupon they 'or wds. shall let the contract to the lowest responsible bidder; construction- Provided, That if said board shall determine, after ex- proviso, amination and survey, that the bridge provided for in this act can not be constructed with the sum of money hereby appropriated, then, in such case, no part of said appropriation shall be expended, except so much thereof Expenses in- as may be necessary to defray the expenses which may curred. have been incurred by the board in making the neces- sary examination and surveys aforesaid. Sec. 5. Said bridge, when constructed, shall be a Public highway, public highway, and free to the use of all persons. Sec. 6. It shall be the duty of the County of Las county keep in Animas to keep said bridge in repair at the expense of '*®p**''- said County, when the same shall have been constructed. Sec. 7. When the said bridge shall be completed according to contract, the Auditor of the State of Colo- Auditor draw rado is hereby authorized to draw warrants for the^*""®^*®- sum appropriated by section 1 of this act, or so much thereof as may be necessary for the purpose of paying the sum due for the construction of said bridge under the contract for the same. Sec. 8. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 44 APPROPRIATION. [Oh. 13. CHAPTER 13. AFFBOFBIATION. BRIDGE—RIO GRANDE RIVER. ( (S. .B. No. 340, by Senator Adams.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF AN IRON OR STEEL BRIDGE AND APPROACHES THERETO ACROSS THE RIO GRANDE RIVER, AT THE TOWN OF ALAMOSA, BETWEEN THE COUNTIES OF CONEJOS AND COSTILLA, AND MAKING AN APPROPRIATION THEREFOR. Appropriation. Fund. State bridge. Board of construction. jPlans and specifications. Advertise for bids. Contract. Public bierhway. Be it Enacted ty the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any mon^y in the State Treasury belonging to the Internal Improvement Permanent Fund or Internal Improvement Income Fund, the sum of seven thousand dollars (f 7,000), or so much thereof as may be necessary, for the purpose of constructing a State bridge across the Rio Grande River at the Town of Alamosa, between the Counrties of Conejos and Costilla. Sec. 2. The State Engineer and the Chairman [Chair- men] of the Boards of County Commissioners of the Coun- ties of Conejos and Costilla shall be, and hereby are made a board for the purpose of constructing said bridge. It is hereby made the duty of said board, as soon as this act takes rffect [effect], to advertise for and secure plans and specifications for the construction of said bridge. Sec. 3. Upon the adoption of proper plans and specifications as aforesaid, it shall be the duty of said board to advertise for bids in accordance therewith, and thereupon they shall let the contract to the lowest re- sponsible bidder. Sec. 4. Said bridge when constructed shall be a public highway and free to the use of all persons. Ch. 14.] APPROPRIATION. 45 Sec. ^. vVhen constructed it shall be the duty of the Repairs. Counties of Conejos and Costilla jointly to keep said bridge in repair at their own expense. Sec. 6. Upon the completion of said bridge accord- Auditor draw ing to contract, the Auditor of State is hereby author- warrants, ized to draw warrants for the amount appropriated by section 1 of this act, or so much thereof as may be neces- sary for the purpose of paying the amount due on said contract. Sec. 7. In the opinion of the General Assembly an Emergency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 14. APFBOPBIATION. BRIDGE—RIO GRANDE RIVER. (H. B. No. 6, by Mr. Breckenridge.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A BRIDGE AND AP- PROACHES THERETO ACROSS THE RIO GRANDE RIVER IN RIO GRANDE COUNTY, COLORADO, ON THE SECTION LINE, RUNNING NORTH AND SOUTH, BETWEEN SECTIONS NOS. THIRTY-THREE (33) AND THIRTY-FOUR (34) IN TOWNSHIP NO. THIRTY-NINE (39) OF RANGE NO. EIGHT (8) EAST OF NEW MEXICO PRINCIPAL MERIDIAN, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Be it Enckcted by the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of Appropriation. any money in the State Treasury, belonging to the In- Fund, ternal Improvement Permanent Fund, or the Internal Im- provement Income Fund, or which may hereafter be cred- ited to either of said funds, the sum of four thousand 46 APPROPRIATION. [Ch. 14. dollars (f 4,000), or so much thereof as may be necessary, for the purpose of constructing a State bridge across the Rio Grande River, in Rio Grande County, Colorado, at a point on said river where the section line running north and south between sections No. thirty-three (SS) and thirty-four (34) in township No. thirty-nine (39) N. of range eight (8) east New Mexico Principal Meridian, crosses the said river. Sec. 2. The State Engineer with the Board of County Commissioners of the County of Rio Grande, Colo- rado, shall be and hereby are made a board for the purpose of constructing such bridge. Sec. 3. It is hereby made the duty of said board, as •soon as this act takes effect, to advertise for and secure plans and specifications for the construction of such bridge. Sec. 4. Upon the adoption of proper plans and speci- fications for the construction of a wagon bridge as afore- said, it shall be the duty of such board to advertise for bids in accordance therewith, and thereupon they shall let the contract thereof to the lowest responsible bidder, and it is further provided that such board shall require a good and sufficient bond from the party or parties con- structing the same in the sum of ten thousand dollars ($10,000) for the completion of the work in accordance with the contract. Sec. 5. Such State bridge, when constructed, shall be a public highway, and free to the use of all persons, and when so constructed it shall be the duty of the County of Rio Grande to keep such bridge in repair, at its own expense. Sec. 6. Upon the completion of said bridge according to contract, the Auditor of State is hereby authorized and directed to draw warrants for the amount appropriated by section one (1) of this act, or so much thereof as may be necessary, for the purpose of paying the amount due on said contract. Sec. 7. In case there be no money in said fund or funds to meet the said appropriation or any part thereof, at the time of payment for said work, or any part thereof, state Treasurer the State Treasurer is hereby authorized and directed to pay with State pay warrants drawn by the Auditor of State, for the amount herein appropriated, with valid State warrants Location. Personnel of board. Advertise for plans and sped- cations. Advertise for bids. Let contract. Bond for per- formance. Public highway. Auditor draw warrants. Deficiency of fund. * warrants. Ch. 15.] APPROPRIATION. 47 invested in said fund or funds, and said warrants so invested shall be received by any and all contractors of Received at par. said work at par, with accrued interest thereon, in full payment of the contract price of said work or any portion thereof, for the payment of which there may be no money in said fund or funds. Sec. 8. In the opinion of the General Assembly an Emergrency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 15. AFPBOPBIATTON. BRIDGE-SAN JUAN RIVER. (H. B. No. 229, by Mr. Wilder.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A WAGON BRIDGE ACROSS THE SAN JUAN RIVER AT THE CITY OF PAGOSA SPRINGS, IN ARCHULETA COUNTY, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF SAME. Be it Enacted "by the General Assemhly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation. money in the State Treasul'y belonging to the Internal Improvement Income Fund, or Permanent Fund, the sum of three thousand dollars ($3,000), or so much thereof as may be necessary, for the purpose of constructing a state bridge. State wagon bridge of iron or steel, across the San Juan River, in the City of Pagosa Springs, Archuleta County, Location the exact location of which bridge shall be determined determined by by the commission mentioned in section 2 of this act. commission. Sec. 2. The Governor and State Engineer of this commission State, and the Chairman of the Board of County Com- composed of. missioners of Archuleta County shall be and are hereby 48 APPROPRIATION. [Ch. 15. Advertise for plans and specifications. Advertise for construction. Contract. Public highway. Repairs. Auditor draw warrants. Emergency. constituted a board for the purpose of locating and con- structing the said bridge. Sec. 3. It is hereby made the duty of said board, as soon as this act takes effect, to advertise for and secure plans and specifications for the construction of said bridge. Sec. 4. Upon the adoption of proper plans and specifications for the construction of said bridge, it shall be the duty of said board to advertise for the construc- tion of the same, according to the plans and specifica- tions aforesaid, and thereupon they shall let the contract for the said construction to the lowest responsible bidder. Sec. 5. Said bridge, when constructed, shall be a public highway, and free to the use of all persons. Sec. 6. It shall be the duty of the County of Archu- leta to keep said bridge in repair at the expense of said county when the same shall have been constructed. Sec. 7. When the said bridge shall be completed according to contract, the Auditor of the State of Colo- rado is hereby authorized to draw warrants for the amount appropriated by section 1 of this act, or so much thereof as may be necessary for the purpose of paying the amount due on said contract. Sec. 8. In the opinion of the General Assembly an emergency exists; therefore, this act shall be in force and effect from and after its passage. Approved April 7, 1905. Ch. 16.] APPROPRIATION. 49 CHAPTER IS. APPEOPEIATION. BRIDGE-SARCILLO CANON ARROYO. (H. B. No. 381, by Mr. Barela.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF AN IRON, OR PARTLY IRON, OR STEEL AND PARTLY WOOD BRIDGE ACROSS THE SARCILLO CANON ARROYO IN LAS ANIMAS COUNTY, COLORADO, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Be it Enacted ty the General Assemhty of the State of Colorado: Section 1. That there is hereby appropriated out Appropriation. of any money in the State Treasury belonging to the Fund. Internal Permanent Income Fund, or the Internal Im- provement Income Fund, or which may hereafter be cred- ited to either of said funds, the sum of two thousand state dollars (f 2,000) or so much thereof as may be necessary bridge. for the purpose of constructing a State bridge across the Sarcillo Arroyo in Las Animas County, Colorado, situ- i^ocation. ated and located at the fourth southeast of the fourth southeast, section 34, township 33 south, range 66 west of the 6th Principal Meridian. Sec. 2. The County Surveyor with the Board of Board of County Commissioners of the County of Las Animas, ^*^"^*^"^"°^^ Colorado, shall be and hereby are made a board for the ^°"^p°®®^ ^^• purpose of constructing such bridge. Sec. 3. It is hereby made the duty of said board, Advertise for as soon as this act takes effect, to advertise for and secure ^^^^^ ^^^ plans and specifications for construction of such bridge, sp®^^^^^"*'"^. Sec. 4. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall take effect and be in force after its passage. Approved April 7, 1905. 50 APPROPRIATION. [Ch. 17. CHAPTER 17. APPEOPEIATION. BRIDGE— YAMPA RIVER. (S. B. No. 35, by Senator Jefferson.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A WAGON BRIDGE ACROSS THE YAMPA RIVER, IN ROUTT COUNTY, AT FRA- KER FORD, AND TO APPROPRIATE MONEY FOR THE PAY- MENT OF THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Appropriation. SectioD 1. There is hereby appropriated out of any Fund. money in the State Treasury belonging to the Internal Improvement Permanent Fund or the Internal Improve- ment Income Fund, and out of any money which may hereafter be credited to said fund or funds and not other- wise appropriated, the sum of five thousand dollars ($5,000.00), or as much thereof as may be necessary for the purpose of constructing a State bridge of iron or steel, or partly wood and iron, over and across the Yampa River at Fraker Ford, ten (10) miles below Lay Location and postoffice, in Routt Couuty, Colorado. The exact loca- materiai. tiou and material used to be determined by the com- mission mentioned in section two (2) hereof; Provided, In case there shall be no money in said funds to meet such appropriation, or any part thereof, at the time of When state payment of said work, the State Treasurer is hereby Treasurer pay authorized and directed to pay the warrants drawn by warrants. ^1^^ Auditor of State for the amount herein appropri- ated, with State warrants to be received by the con- Received at tractor of said work at par, with accrued interest thereon, par. in full payment of the contract price of said work or any Full payment, part thereof, for the payment of which there may be no monev in said funds or either of them. Ch. 18.] APPROPRIATION. 51 Sec. 2. The Governor and the State Engineer of personnel of this State, with the Chairman of the Board of County board. Commissioners of Routt County shall be and hereby are Board deter- made a board for locating and the construction of said mine location. bridge j and it is made the duty of said board as soon as this act takes effect to advertise for plans and speciflca Advertise for tions for the construction of said bridge. vti&nB. Sec. 3. Upon the adoption of plans and specifica- tions for the construction of a wagon bridge as aforesaid, it shall be the duty of said board to advertise for bids in Advertise for accordance therewith, and thereupon let the contract to^*^®- the lowest bidder; Provided, That if the board shall Proviso-insuffi- determine, after due examination and survey, that the^*®'** '"^^• bridge provided for in this act can not be constructed with the amount of money herein appropriated, then uono expenditure part of the said appropriation shall be expended unless -unless. the Board of County Commissioners of Routt County, -or other responsible parties, shall agree to furnish the amount required in excess of this appropriation, and shall furnish to this commission or board satisfactory evidence that such excess money will be forthcoming on demand by said commission or board, at the completion and ac ceptance of the work. Sec. 4. Such bridge when constructed shall be aPub»c highway. public highway, and free to the use of all persons, and it shall be the duty of the County Commissioners of Routt County to maintain and keep the same in repair. Sec. 5. Upon the completion of said bridge, on notice from the commissioner, it shall be the duty of the Auditor draw Auditor of State to draw warrants for the amount ap- warrants. propriated by section one (1) of this act, as much there- after as may be necessary for the purpose of paying the amount due on said contract. Sec. 6. In case there be no money in said fund or funds to meet the said appropriation, or any part thereof, at the time of the payment of such work, or any part state Treasurer thereof, the State Treasurer is hereby authorized and di- P*y warrants- rected to pay the warrants drawn by the Auditor of^^®'^* State for the amount herein appropriated with valid State warrants invested in said fund or funds, and said warrants so invested shall be received by any and all contractors of said work at par, with accrued interest Received at thereon, in full payment of the contract price of said work par. Pull payment. Emergency. 52 APPROPRIATION. [Ch. 18. or any portion thereof, for the payment of which there may "be no money in said fund or funds. Sec. 7. Whereas, in the opinion of the General As- sembly, an emergency exists, therefore this act shall be in force and take effect from and after its passage. Approved April 7, 1905. CHAPTER 18. APPEOPEIATION. W. N. BURDETTE. (H. B. No. 202, by Mr. Cannon.) AN ACT MAKING AN APPROPRIATION TO PAY W. N. BURDETTE, AS- SIGNEE OF O. C. FRENCH, THE SUM OF THIRTEEN HUN- DRED AND NINETEEN DOLLARS ($1,319) OR SO MUCH THEREOF AS MAY BE NECESSARY, DUE AND OWING W. N. BURDETTE, ASSIGNEE OF O. C. FRENCH, FROM THE STATE OF COLORADO, UNDER VOUCHER NO. 1205, BOARD OF WORLD'S FAIR MANAGERS FOR COLORADO, FOR SERV- ICES RENDERED BY O. C. FRENCH AS SECRETARY OF SAID BOARD. Indebtedness. Evidence of Indebtedness. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That, whereas, the State of Colorado is indebted to W. N. Burdette, assignee of O. C. French in the sum of thirteen hundred and nineteen dollars ($1,319) for services rendered by O. C. French, as secretary of the Board of World's Fair Managers for Colorado durtng the years 1893 and 1894; and. Whereas, The amount of said indebtedness is evi- denced by voucher No. 1205 of said Board of World's Fair Managers, dated March 30th, 1894, and by the order of said Board of World's Fair Managers upon the treasurer of said board No. 1205, dated March 30th, 1894 ; and, Ch. 19.] APPROPEIATION. 53 Whereas, Said voucher and order upon the treasurer Authority to was given by authority of said board at its meeting held issue voucher. January 22nd, 1894. Sec. 2. That there is hereby appropriated out of any Appropriation. moneys in the State Treasury, not otherwise appropri- ated, from the general funds the sum of thirteen hundred and nineteen dollars ($1,319), being eight hundred dollars (?800) principal and five hundred and nineteen dollars For services ($519) interest, or so much as may be necessary to pay rendered, the said W. N. Burdette, assignee of O. C. French, the amount due him from the State of Colorado for services rendered as secretary for the Board of World's Fair Man- agers of the State of Colorado. Sec. 3. Whereas, in the opinion of the General Emergency. Assembly an emergency exists; therefore, this act shall be in force from and after its passage. Approved April 11, 1905. CHAPTER 19. APFBOFBIATION. JAMES S. BUSH. (S. B. No. 344, by Senator Balllnger.) AN ACT MAKING AN APPROPRIATION TO PAY JAMES S. BUSH, LATE DEPUTY GAME WARDEN, FOR SERVICES HERETOFORE RENDERED TO THE STATE OF COLORADO AS SUCH DEP- UTY WARDEN, AND TO PROVIDE THE MANNER OF PAY- ING THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out Appropriation. of any moneys in the treasury, not otherwise appropri- ated, belonging to the general revenue fund, the sum of one hundred and thirteen dollars ($113.00), as balance 54 APPROPRIATION. [Ch. 20. Services rendered. Emergency. of s.alary and compensation due to James S. Bush for services rendered to the State of Colorado as deputy Game Warden of said State for the years 1902 and 1903. Sec. 2. In the opinion of the General Assembly an emergency exists; therefore this act shall take effect and be in force from and after its passage. Approved April 11, 1905. CHAPTER 20. APPBOFBIATION. COLORADO SCHOOL OF MINES. Appropriation. Building and improvements. Emergency. (S. B. No. 4, by Senator Alexander.) AN ACT MAKING AN APPROPRIATION FOR THE ERECTION OF AN AD- DITIONAL BUILDING AT THE COLORADO SCHOOL OF MINES AT GOLDEN, AND FOR PROVIDING HEATING, LIGHT- ING AND HYGIENIC APPLIANCES FOR THE SAID INSTITU- TION. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of the funds in the treasury not otherwise appropriated from the revenues of the years 1905 and 1906 the sum of thirty thousand dollars ($30,000.00) for the erection of an additional building at the Colorado School of Mines at Golden, said building to provide proper heating, power, lighting and hygienic appliances for all build- ings at present on the campus and for such other build- ings as may be erected to complete the plant of the said institution, and to be paid from time to time as funds are in the treasury on the order of the board of trustees of said Colorado School of Mines. Sec. 2. In the opinion of the General Assembly an emergency exists; therefore, this act shall be in force and take effect from and after its passage. Approved April 6, 1905. Ch. 21.] APPROPRIATION. 55 CHAPTER 21. APPEOPEIATION. ELECTION CONTEST. (H. B. No. 392, by Mr. Thomas.) AN ACT TO PROVIDE FOR THE PAYMENT OF THE CONTEST ELECTION OF JAMES H. PEABODY AGAINST ALVA ADAMS FOR THE OFFICE OF GOVERNOR NOW PENDING BEFORE THE GEN- ERAL ASSEMBLY OF THE STATE OF COLORADO, AND TO APPROPRIATE THE SUM OF $90,525.44 THEREFOR. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out Appropriation. of any moneys in the State Treasury not otherwise ap- propriated, as legislative expense, for the purpose of paying the expenses incurred in the contest election of James H. Peabody against Alva Adams for the oflSce Expenses eiec- of Governor of the State of Colorado the sum of ninety tion contest. thousand five hundred and twenty-five dollars and forty- four cents ($90,525.44), or so much thereof as may be necessary to pay the expenses of said contest. The Auditor of State is hereby authorized and directed to Auditor draw draw his warrant upon the treasury in payment of the warrants. moneys hereby appropriated, upon vouchers signed by the chairman and chief clerk of the joint election com- mittee having had in charge the said election contest, vouchers. after the same have been audited by the said committee. For Smith-Brooks Printing Company, the sum of printing. $58,797.44, being the balance due said company. For employes of the said election contest committee. Employes of the sum of f 11,354.20 in the following amounts to the f ol- committee. lowing named persons, to-wit: — V. E. McPherson, $170.00; Moses Viancourt, $132.00; W. S. Wykoff, $132.00; T. P. 56 APPROPRIATION. [Ch. 21. Boutwell, 1132.00; Chas. Thompson, |132.00; Jack Engle, f 132.00; S. F. Austin, |36.00; Chas. A.Brown,|88.00; Thos Beard, |128.00; Geo. Backenbnrg, |80.00; Wm. J. Breckel 1108.00; John Berchoff, |32.00; F. E. Brittingham, |36.00 O. J. Barker, |36.00; J. L. Beggerstaflf, |40.00; Chas, Cameron, |36.00; D. Covnevich, |32.00; W. F. Comer, 136.00; C. H. Cook, |32.00; J. V. Cordova, f40.00; H. H Duberdorf, fSS.OO; L. E. Dnnnagan, f32.00; Bnrk Dofify f28.00; L. C. Duncan, f40.00; W. H. Eaker, |132.00 Kobert Elliott, f36.00; Howard Evans, |36.00; M. Eman^ nel, fUM; J. S. Fritz, |84.00; C. C. Fortune, f72.00 Thomas Foot, |68.00; J. Flintham, $76.00; Geo. Fun cheon, f4.00; David A. Frazier, $12.00; Max Goodman, $16.00; C. E. Ganske, $44.00; E. E. Goodale, $4.00; Geo! Hawkins, $132.00; John Harris, $248.00; Isaac Harper $186.00; Theo. Hawkins, $128.00; W. A. Jameison $116.00; F. H. Kellogg, $80.00; Zelda Knowlton, $108.00 Geo. Kisson, $36.00; F. E. Kiddoo, $36.00; W. C. Lyons, $48.00; Wm. Lawson, $80.00; Ora M. Laswell, $104.00 Wm. Mitchell, $132.00; R. E. Montgomery, $132.00; R. E. Montgomery, Jr., $116.00; Gertrude May, $108.00 Phillip Mixsell, $32.00; Geo. P. Morris, $32.00; E. F. Mooney, $20.00; John Mclnerney, $84.00; Chas. Oval- man, $132.00; F. X. O'Connor, $44.00; J. P. Omstetch, $24.00; E. W. Phillips, $80.00; W. O. Perry, $80.00; J. M. Phillips, $60.00; A. F. Rexroad, $84.00; Harry Ruff ner, $40.00; W. C. Sounders, $88.00; Geo. Simpson, $80.00; F. C. Simmons, $84.00; Joseph Sach, $108.00 Chas. E. Scarbrough, $32.00; F. D. Stocking, $28.00 Robt. Schroder, $80.00; Jos. L. Smith, $36.00; W. C Sutorius, $36.00; O. W. Smith, $44.00; M. L. Salsbury $36.00; Fred Taylor, $132.00; Rov Taylor, $36.00; W. D Todd, $40.00; Carson White, $128.00; Geo. C. Walters, $44.00; P. M. Wiggington, $4.00; F. H. Welman, $44.00 James P. Walsh, $24.00; Chas. W. Reitler, $3,334.20 Richard Holmes, $76.00; C. H. Vinton, $372.00; I. Daf fer, $64.00; C. H. Montgomerv, f 64.00; C. White, $64.00 T. Baird, $64.00; T. P. Boutwell, $64.00; O. J. Barker $64.00; A. C. Watson, $64.00; S. F. Austin, $64.00; H Chew, $64.00; G. H. Backenberg, $64.00; Wm. Ronaldson, $64.00; R. E. Montgomery, $64.00; W. A. Jameison, $64.00; K. R. Connor, $64.00; C. C. Fortune, $64.00; W. J. Breckle, $64.00; John Rutherford, $128.00; A. T. Bostos, $360.00. Ch. 22.] APPROPRIATION. 57 There is hereby appropriated the further sum of Appropriated, f 20.000.00; f 10,000.00 of said sum is to be given to D. B. Fairley, chairman of Republican State Central Committee to be used by him in payment of all expenses Expenses, con- of said contest incurred in behalf of the contestor, James tester. H. Peabody, including attorneys' fees and all other expenses of whatsoever kind or character. To Milton Expenses, con- Smith, chairman of Democratic State Central Commit- t^stee. tee, 110,000.00 to be used by him in payment of all ex- penses of said contest incurred in behalf of the con- testee, Alva Adams, including attorneys' fees and all other expenses of whatsoever kind or character; and to Transcribing ar- Chas. W. Reitler for services in taking in shorthand and^^^nts. transcribing arguments in said contes.t, |373.80. Sec. 2. In the opinion of the General Assembly Emergency, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 5, 1905. CHAPTER 22. APPEOPEIATION. G. A. R. ENCAMPMENT. (S. B. No. 245, by Senator Robertson.) AN ACT TO PROVIDE FOR THE ENTERTAINMENT OF THE GRAND ARMY OF THE REPUBLIC AT ITS THIRTY-NINTH NA- TIONAL ENCAMPMENT, AND APPROPRIATING TWENTY- FIVE THOUSAND DOLLARS TO BE EXPENDED FOR THAT PURPOSE. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. Whereas, The thirty-ninth national en-a. a. r. campment of the Grand Army of the Republic will be encampment. held in the City and County of Denver, State of Colo- 58 APPROPRIATION. [Ch. 22. Board of commissioners. Duties of board. Appropriation. Auditor draw warrants. Order countersigned by Governor. Treasurer of committee execute bond. Report of board. rado, during the week commencing September 4, 1905; and Whereas, The people of the State of Colorado recog- nize with gratitude the patriotic services which the mem- bers of the Grand Army of the Republic have rendered to the Government of the United States, and they are de- sirous of giving them a cordial and fitting reception on the occasion of the national encampment in Denver. Sec. 2. The Governor of the State of Colorado and the executive committee organized for the purpose of conducting the affairs of said national encampment are hereby constituted a board of commissioners for the State of Colorado to receive from the State and to expend the money appropriated by this act for the purpose of mak- ing suitable preparation for the reception and entertain- ment of the Grand Army of the Republic at the thirty- ninth national encampment, to be held in the City and County of Denver, State of Colorado, in September, 1905. Sec. 3. There is hereby appropriated out of any moneys in the treasury not otherwise appropriated, the sum of twenty-five thousand dollars (|25,000), to be ex- pended by said board of commissioners for the purposes stated in this act, in accordance with such rules and reg- ulations as they may adopt. Sec. 4. The Auditor of the State shall draw his war- rant or warrants upon the fund hereby appropriated upon the order of said board of commissioners, coun- tersigned by the Governor, and the same shall be paid by the State Treasurer to the treasurer of said executive committee. Sec. 5. The treasurer of said executive committee shall execute a bond to the People of the State of Colo- rado in the penal sum of fifty thousand dollars ($50,000), conditioned for the faithful performance of the duties of such treasurer and the proper payment of said money, with surety or sureties to be approved by the Governor of the State of Colorado. Sec. 6. The said board of commissioners shall, as soon as practicable after the adjournment of said na- tional encampment, make to the Governor a full report of their proceedings and disbursements, together with proper vouchers. Ch. 23.] APPKOPRIATION. 59 Sec. 7. Inasmuch as it will become necessary to Emergency. draw upon this fund before the expiration of ninety days, it is the sense of this General Assembly that an emer- gency exists, and this act shall be in force from and after its passage. Approved April 8, 1905. CHAPTER 23. APPEOPEIATION. GENERAL. (H. B. No. 4, by Mr. Breckenridge.) AN ACT TO PROVIDE FOR THE PAYMENT OF A PART OF THE ORDI- NARY EXPENSES OF THE EXECUTIVE, LEGISLATIVE AND JUDICIAL DEPARTMENTS OF THE STATE OF COLORADO, FOR THE MONTHS OF DECEMBER, 1904, AND JANUARY, FEBRUARY AND MARCH, 1905. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of Appropriation— any money in the treasury not otherwise appropriated, p""*- for the purpose of paying part of the ordinary expenses of the Executive, Legislative and Judicial departments Expenses state of the State, and the oflScers and employees thereof, for departments. the fiscal year 1905, the sum of one hundred and eighty- four thousand one hundred and sixty-two and 68/100 dollars (f 184,162.68), as follows: Governor's salary f 1,666.66 Private secretary 500.00 Clerk and stenographer 500.00 Incidental and oflSce expenses 800.00 Lieutenant-Governor, salary 333.33 Incidental expenses 200.00 Secretary of State, salary 1,000.00 60 APPROPRIATION. [Oh. 2e?. Deputy Secretary of State, salary 833.33 One chief clerk, salary 500.00 Commissioner of Public Printing, salary 833.33 One bookkeeper, salary 400.00 One index clerk, salary 400.00 One brand clerk 400.00 Stenographers, (two), salary 800.00 Clerical assistance, salaries 4,000.00 Clerks, flat tax department (two), salaries 900.00 Deputy Labor Commissioner, salary 600.00 Auditor of State, salary. 1,000.00 Deputy, salary 833.33 Bookkeeper, salary 500.00 Assistant bookkeeper and voucher clerk, salary 400.00 Stenographer and clerk, salary 400.00 State Treasurer, salary 2,000.00 Deputy, salary 833.33 Bookkeeper, salary 500.00 Registry clerk and stenographer, salary 400.00 Liquor license clerk, salary 500.00 One assistant license clerk, salary 400.00 Traveling expenses for liquor license clerk and assistant 400.00 Superintendent of Public Instruction, salary.. 1,000.00 Assistant, salary 500.00 Maintenance of State Library 166.66 Clerk and stenographer 400.00 Assistant State Librarian, salary 333.33 Attorney General, salary 1,000.00 First Assistant Attorney General, salary 833.33 Second Assistant Attorney General, salary 800.00 Clerk and stenographers (two), salaries 800.00 Justices of the Supreme Court, (three), salaries 5,000.00 Clerk of the Supreme Court, salary 1,166.66 Supreme Court, Reporter, salary 1,000.00 Deputy Clerk of Supreme Court, salary 666.66 Bailiff of Supreme Court, salary 400.00 Stenographers (three), salaries 1,200.00 Judges of Court of Appeals (three), salaries. . . 5,000.00 Clerk of Court, salary 1,000.00 Bailiff of Court, salary 400.00 Stenographers (three), salaries 1,200.00 District Judges, (twenty-one), salaries 28,000.00 District Attorneys, salaries, (thirteen) 3,466.66 Ch. 23.] APPROPRIATION. fil State Engineer, salary 1,000.00 Assistants, salaries 1,666.66 Inspector of Coal Mines, salary 666.66 Deputy Inspector, salary 500.00 Clerk of Inspector of Coal Mines and Boiler Inspector 400.00 Deputy and Inspector, traveling expenses 333.33 State Board of Arbitration members (two), sal- aries 333.33 Secretary, salary 400.00 Register State Board of Land Commissioners, salary 666.66 Deputy Register, salary 600.00 Superintendent of Mineral Department, salary . 666.66 Appraisers (three), salaries 1,500.00 Timber Warden, salary 500.00 Chief Clerk, salary 500.00 Collection Clerk, salary 400.00 Lease Clerk, salary 400.00 Record Clerk, salary. 400.00 Indemnity Clerk, salary 400.00 Plat Clerk, salary 400.00 Stenographer, salary 400.00 Commissioner of Mines, salary 833.33 Mine Inspectors, (three), salaries 1,500.00 Stenographer and clerk, salary 400.00 Traveling expenses, commissioner 166.66 Traveling expenses, three inspectors 500.00 Clerk and Assistant Curator, salary 500.00 State Board of Charities and Corrections: Secretary, salary 500.00 Expenses, secretary and board 166.66 Stenographer, salary 400.00 (The secretary and stenographer of the Board of Charities and Corrections shall act as secretary and stenographer of the State Board of Pardons, without extra compensa- tion). For salary of Secretary, State Board of Law Examiners 200.00 Expenses of board and secretary 50.00 State Historical and Natural History Society: Curator, salary 500.00 Museum assistant, salary 266.66 62 APPKOPRIATIOX. [Ch. 23. Expenses 100.00 State Board of Eqaalization, Secretary's sal- _ary * 500.00 Clerical assistants to the State Board of Equal- ization 100.00 State Board of Horticnltare, members of the board, including secretary and stenogra- pher, salary and expenses 833.33 Boiler Inspector's salary 833.33 Assistant Inspector, salary 500.00 (All salaries, fees and expenses of the Boiler Inspector and Assistant Boiler Inspector to be paid out of the fees collected for the in- spection of boilers, and all expenses to be lim- ited in the sum of |333.33 ending March 31, 1905). State Dairy Commissioner, salary 400.00 Deputy Dairy Commissioner, salary 333.33 Traveling expenses, Commissioner and Assist- ant 166.66 Forest, Game and Fish Commissioner, salary. . 600.00 Commissioner's traveling expenses 200.00 Clerk 333.33 Forest and Game Wardens, (six), salaries 1,900.00 Traveling expenses, of Wardens, (six) 600.00 Superintendent of Fish Hatcheries, salary 400.00 Superintendent's traveling expenses 133.33 Deputy superintendents (five), salaries 1,600.00 Maintenance, Denver Hatchery 300.00 Maintenance, La Plata Hatchery 300.00 Maintenance, Gunnison Hatchery 300.00 Maintenance, Routt County Hatchery 300.00 Maintenance, Emerald Lakes Hatchery 300.00 Distribution of fry fund 83.33 Gathering spawn fund 266.66 Publication of Constitutional Amendments 8,096.16 Arthur Cornforth, special counsel, Stratton estate 750.00 Incidental expenses, special counsel, Stratton estate 250.00 Expenses in Kansas and Colorado suit to be paid out on vouchers of the Auditing Board 3,000.00 Ch. 23.] APPROPRLVTION. 63 Incidental expenses of the several executive and judicial departments and State bu- reaus 15,000.00 Sec. 2. The above appropriations are intended to Application of provide for the expenses of the several departments men- ^"'^'^s. tioned for the first four months of the current fiscal year; to-wit: From December 1, 1904, to March 31, 1905, inclusive. Period covered. Sec. 3. All warrants issued under the provisions.of w^arrants— to this act shall be made only to the party to whom the^*^^"^ issued. State has become indebted, including herein all subordi- nates and employes of the heads of departments, and all accounts for services rendered and items furnished, shall, before the issuance of a warrant therefor, be itemized itemized and and sworn to before an officer authorized by law to make sworn account. affidavits, except in the case of duly elected or appointed Exception. officers of the State receiving a fixed compensation by law, and the same approved by the proper officer of the State. Provided, That in all cases of cash paid out by the Traveling ex- officers for traveling expenses and mileage, said item- penses accom- ized accounts must be accompanied by proper vouchers ^^^1^^^.^^ therefor, signed by the party to whom such money has been paid; Provided further. That no warrants shall be warrants not drawn under the provisions of this act to any officer, drawn until fees OP on any fund, until all the fees and emoluments of any t^Ji^e^^ov^® kind or nature collected by such officer for the preceed- ""*^ ing [preceding] month shall have been accounted for under oath, and the amounts turned over to the State Treasurer; and. Provided, further, That no warrants shall Proviso. be drawn under the provisions of this act, to any officer for mileage, charges of fares for traveling done by him in connection with the duties of his office, until he shall make and file with the officer issuing the warrant his affidavit that no part of said traveling was done on a Affidavit— no free or complimentary pass, and that the charges are not traveling done in excess of the amount actually paid by him on account ^^ p^^®®^- of such traveling; Provided, That no part of said inci- Proviso-as to dental fund of f 15,000.00 shall be used for the payment of app"^^**^" ^^ any extra clerical help, or for an additional compensation '"^^* to the employes already specified in this bill. Sec. 4. The said incidental fund of |15,000.00 for Fund under incidental expenses of the several executive and judi- c<*"*^*^^ ^' cial departments and State bureaus, shall be under the^^^*"^' 64 APPROPRIATION. [Ch. 23. Board consists of. Name of board, MeetlniTS. Records. Officers. No compensa- tion. Estimates and requisitions for supplies made to board. Printing and supplies. Secretary fur- nish. Bids. Bills allowed by board. Auditor draw warrants on contingent fund. control and direction of a board consisting of the Gover- nor of the State, Attorney General and the Auditor of State. The said board shall be known as the State Auditing Board and shall sit at least once in each month, for the transaction of business, and such State Auditing Board shall keep a permanent record in detail of each and every expenditure authorized by it to be made, and of each and every warrant ordered by it to be drawn upon said incidental fund. The Governor shall be chair- man of said board, and the Secretary of the State Board of Equalization shall act as secretary of said board, with- out additional compensation for his services. Every chief officer connected with any of the State departments, whether elected or appointed, shall, from time to time, as the necessities of his department require, make and pre- sent to the said board estimates of, and requisitions for, all necessary supplies, printing, postage, stationery, telegraph, telephone and mileage charges, legal fees and charges and other expenses, and other supplies which shall be lawfully required for the use of his departnaent, and no such supplies shall be purchased or furnished, and no such expenses shall be paid, until the said board shall have allowed the requisition. So far as possible the nec- essary supplies, and particularly the printing required to be done for the said several offices and departments of the State government, shall be furnished and done in as large quantities as practicable, and the said board shall furnish to the Secretary of State and the Commissioner of Printing, respectively, upon requisition as above pro- vided, orders for such supplies and printing, as the board shall allow, and the Secretary of State, as the purchas- ing agent of the State, shall proceed to furnish and sup- ply the same as required, after proceeding to advertise and take bids therefor, as required by law. Sec, 5. All supplies, printing and other items herein provided to be furnished, and the mileage and expenses of the various officers and bureaus necessarily expended in carrying on public business, shall be paid out of the said incidental fund, under the control of said board, and when the bills therefor have been allowed by said board, the Auditor of State shall draw his warrant, or warrants, therefor, payable only out of said contigent [contingent] fund, but the receipts shall accompany vouchers and requisitions for moneys expended. The Auditor shall submit to the General Assembly, in his biennal [biennial] Ch. 23.] APPROPRIATION. 65 report, an itemized statement of the expenditures made itemized state- from the appropriation for the said incidental fund. ^^^^ ^^ -^"'^*" Sec. 6. There is hereby appropriated out of any money in the State Treasury not otherwise appropriated, Appropriation, for the purpose of paying a part of the expense of the Expenses, Fif- Fifteenth General Assembly, for the per diem of thet^enth General members, the per diem of oflScers and clerks and other ^®^®™^^^- ^ employes of the Fifteenth General Assembly, the sum of | j fifty thousand dollars, (|50,000.00), or so much therof U [thereof] as may be necessary. Sec. 7. There is hereby appropriated out of any Appropriation. money in the State Treasury, not otherwise appropriated, the sum of three hundred dollars (fSOO.OO), or so much thereof as may be necessary for the purpose of paying the expenses of the inaugeration [inauguration] of the Expenses of Governor, on January 10, 1905, and the Auditor is hereby inauguration. authorized and directed to draw warrants for the pay- warrants. ment of said expenses upon vouchers approved by the two chairmen of the Inaugeration [Inauguration] Com- mittee of the Senate and House, as shown by the resolu- tions appointing them. Sec. 8. Whereas, L. R. Scott and C. S. Sprague Appropriation. served respectively as Secretary of the House of Repre- l. R- scott and sentatives and the Senate in the opening days of the^ ^ Sora^ue. session of the Fifteenth General Assembly, and prior to its organization; there is hereby appropriated to be paid to each, the sum of fifty dollars (|50.00), for such services, and the Auditor of State is hereby authorized to issue a^^^^^j. ^^.^^^ warrant to each in the sum of fifty dollars (|50.00). warrant. Sec. 9. All unexpended balances remaining to the unexpended credit of the appropriation herein mentioned shall, when balance. all bills have been paid, be transferred to the general fund. Sec. 10. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and Emergency be in force from and after its passage. Approved January 26, 1905. 66 APPROPRIATION. [Ch. 24. CHAPTER 24. APPEOPEIATION. GENERAL. (H. B. No. 409, by Mr. Breckenridge.) AN ACT TO PROVIDE FOR THE ORDINARY AND CONTINGENT EX- PENSES OF THE EXECUTIVE, LEGISLATIVE AND JUDICIAL DEPARTMENTS OF THE STATE FOR THE FISCAL YEARS 1905 AND 1906, AND TO CREATE A STATE AUDITING BOARD, WITH CERTAIN DUTIES HEREIN PRESCRIBED WITH REFERENCE TO THE DISBURSEMENT OF THE CON- TINGENT FUND, AND THE REGULATION OF THE HOURS OF EMPLOYMENT, AND SERVICES OF THE DIFFERENT EMPLOYES THEREOF. Be it Enacted hy the General Assembly of the State of Colorado: Appropriation— Section 1. Tbat the following sums, or so much general. thereof as may be necessary, are hereby appropriated out of any money in the treasury, belonging to the gen- eral revenue fund, not otherwise appropriated, for the salaries and expenses of the Executive, Legislative and Judicial departments of the State for the fiscal years Expenses State 1905 and 1906, less the amount of salaries and other ex- departments, penses, for December, January, February and March al- ready paid from -the short appropriation bill. House Bill No. 4, made by the Fifteenth General Assembly, and approved January 26, 1905: 1905 1906 Total Governor's salary f 5,000 $ 5,000 $ 10,000.00 Private secretary, salary. 1,500 1,500 3,000.00 Clerk and stenographer, salary 1,500 1,500 3,000.00 Contingent fund 2,500 2,500 5,000.00 Ch. 24.] APPROPRIATION. 67 1905 1906 Total To James H. Peabody for sixty-seven days ser- vices as Governor of the State, from January 10 to- March 17, 1905, the sum of Lieutenant Governor, sal- ary 1,000 Lieutenant Governor's contingent fund 500 Secretary of State, salary 3,000 Deputy Secretary of State, salary 2,500 One chief clerk, salary . . 1,500 One book-keeper, salary. 1,200 One index clei^, salary. . 1,200 One chief brand clerk, salary 1,500 One chief clerk, tax de- partment, salary 1,500 One clerk, tax depart- ment, salary 1,200 Clerks and stenographers (two), salaries 2,400 Clerical assistants, sal- aries 12,000 Commissioner of Public Printing, salary 2,500 Deputy Labor Commis- sioner, salary 1,800 Traveling expenses ..... 500 Auditor of State, salary. 3,000 Deputy, salary 2,500 Book-keeper, salary 1,800 Assistant book-keeper, salary 1,200 Voucher clerk, salary... 1,200 Stenographer, salary 1,200 State Treasurer, salary. . 6,000 Deputy, salary 2,500 Book-keeper, salary 1,800 Registry clerk and sten- ographer, salary 1,200 1,200 2,400.00 917.90 1,000 2,000.00 500 3,000 1,000.00 6,000.00 2,500 1,500 1,200 1,200 5,000.00 3,000.00 2,400.00 2,400.00 1,500 3,000.00 1,500 3,000.00 1,200 2,400.00 2,400 4,800.00 12,000 24,000.00 2,500 5,000.00 1,800 500 3,000 2,500 1,800 3,600.00 1,000.00 6,000.00 5,000.00 3,600.00 1,200 1,200 1,200 6.000 2,500 1,800 2,400.00 2,400.00 2,400.00 12,000.00 5,000.00 3,600.00 68 APPROPRIATION. 1905 Liquor license clerk, sal- ary 1,500 Liquor license inspectors, (three), salaries 3,600 Traveling expenses, li- quor license inspectors 1,800 Superintendent Public Instruction, salary ... 3,000 Assistant, salary * 1,500 Traveling expenses 250 Clerical assistance for Library and Superin- tendent's department.. 750 Maintenance of State Library 500 Clerk and stenographer, salary 1,200 Assistant State Librari- an, salary 1,000 Attorney General, salary 3,000 Deputy Attorney Gen- eral, salary 2,500 Assistant Attorney Gen- eral, salary 2,400 Clerks and stenographers, (two), salaries 2,400 Justices of Supreme Court, (seven), salaries 35,000 Clerk of Supreme Court, salary 3,500 Deputy clerk of Supreme Court, salary 2,000 Assistant clerk, salary . . 1,200 Librarian of Supreme Court, salary 1,200 Supreme Court Reporter, salary 3,000 Bailiff of Supreme Court, salary 1,200 Stenographers, Supreme Court, (four) 4,800 State Board of Law Ex- aminers, expenses .... 500 [Oh. 24. 1906 Total 1,500 3,000.00 3,600 7,200.00 1,800 3,600.00 3,000 1,500 250 6,000.00 3,000.00 500.00 750 1,500.00 500 1,000.00 1,200 2,400.00 1,000 3,000 2,000.00 6,000.00 2,500 5,000.00 2,400 4,800.00 2,400 4,800.00 35,000 70,000.00 3,500 7,000.00 2,000 1,200 4,000.00 2,400.00 1,200 2,400.00 3,000 6,000.00 1,200 2,400.00 4,800 9,600.00 500 1,000.00 Ch. 24.] APPROPRIATION. 69 1905 1906 Total District Judges (twenty- one), salaries 84,000 84,000 168,000.00 District Attorneys (thir- teen), salaries ' 10,400 10,400 20,800.00 State Engineer, salary.. 3,000 3,000 6,000.00 Deputies and Assistants (two), salaries 3,000 3,000 6,000.00 Irrigation Division En- gineers (five), salaries. 7,500 7,500 15,000.00 Necessary expenses 2,500 2,500 5,000.00 Draughtsman, salary . . . 1,200 1,200 2,400.00 Clerk and stenographer, salary 1,200 1,200 2,400.00 For expenses, steam guag- ing [gauging], rating ditches, examination of dams and reservoirs, collecting information of water resources for power and storage, snow records (including such observers or tem- porary help as may be necessary for these pur- poses, as required by law), together with traveling expenses . . . 2,000 2,000 4,000.00 Inspector of Coal Mines, salary : 2,000 Deputy Inspector, salary Clerk of Inspectors of Coal Mines and Boilers Traveling expenses, in- spector and deputy . . . Register, State Board of Land Corn's., salary. . . Deputy Register, salary. Superintendent of Mines, salary 2,000 Appraisers, (three), sal- aries Timber Warden, salary. . 2,000 1,500 2,000 1,500 4,000.00 3,000.00 1,200 1,200 2,400.00 1,000 1,000 2,000.00 2,000 1,800 2,000 1.800 4,000.00 3,600.00 2,000 2,000 4,000.00 4,500 1,500 4,500 1,500 9,000.00 3.000.00 70 APPROPRIATION. [Ch. 24. 1905 1906 Total Chief Clerk, salary 1,500 1,500 3,000.00 Collection Clerk, salary.. 1,200 1,200 2,400.00 Lease Clerk, salary 1,200 1,200 2,400.00 Record Clerk, salary.... 1,200 1,200 2,400,00 Indemnity Clerk, salary. 1,200 1,200 2,400.00 Plat Clerk, salary 1,200 1,200 2,400.00 Stenographers to Land Board, (two), salaries. . 2,400 2,400 4,800.00 For expenses of the State Board of Land Com- missioners, viz: ap- praising for lease, ap- praising for sale, adver- tising, platting, survey- ing, expenses of selling, fees for register and receiver, county clerk's fees and expenses, com- pilation of new records, recompilation of old records, making new indexes, making new plat books, and other expenses of the State Board of Land Commis- sioners 4,000 4,000 8,000.00 Commissioner of Mines, salary 2,500 Traveling expenses 500 Stenographer and clerk, ' salary 1,200 Mine Inspectors, (three), salaries 4,500 Traveling expenses, in- spectors 1,500 Clerk and assistant cur- ator, salary 1,500 Boiler Inspector, salary . . 2,500 Assistant Inspector, sal- ary 1,500 Expenses, Boiler Inspec- tor .. . 500 2,500 500 5,000.00 1,000.00 1,200 2,400.00 4,500 9,000.00 1,500 3,000.00 1,500 2,500 3,000.00 5,000.00 1,500 3,000.00 500 1,000.00 71 1906 Total 500 1,000.00 1,200 2,400.00 1,000 2,000.00 1,800 3,600.00 1,500 3,000.00 500 1,000.00 1,200 2,400.00 Ch. 24.] APPROPRIATION. 1905 Expenses, Assistant In- spector 500 State Dairy Commis- sioner, salary 1,200 Deputy Dairy Commis- sioner, salary 1,000 State Board of Equaliz- ation, Sec, salary 1,800 Secretary, State Board of Charities and Cor- rections, salary 1,500 Expenses, secretary and board 500 Stenographer and secre- tary, salary 1,200 The secretary and sten- ographer of the Board of Charities and Correc- tions shall act as secre- tary and stenographer of the State Board of Pardons, without extra compensation. State Board of Health, expenses and salaries. 5,000 5,000 10,000.00 State Historical and Nat- ural History Society, Curator's salary 1,500 1,500 3,000.00 Museum assistant, salary 800 800 1,600.00 Expenses .\ 400 400 800.00 State Board of Horticul- ture, See's salary 1,000 1,000 2,000.00 For clerical assistance, expenses and salaries of Board, (five) 1,500 1,500 3,000.00 Forest, Game and Fish Commissioner, salary . . 1,800 Traveling expenses 600 Clerk and stenographer, salary 1,200 Forest and Game War- dens, (five), salaries . . . 4,500 1,800 600 3,600.00 1,200.00 1,200 2,400.00 4,500 9,000.00 72 APPROPRIATION. [Ch. 24. 1905 Traveling expenses 1,500 Special Game Warden, (one), salary 1,200 Traveling expenses 300 General Superintendent Fish Hatcheries, salary 1,200 Traveling expenses 400 Superintendent Denver Hatchery, salary 1,200 Superintendent La Plata Hatchery, salary 900 Superintendent Gunnison Hatchery, salary 900 Superintendent Routt County Hatchery, sal- ary 900 Superintendent Emerald Lakes Hatchery, salary 900 Superintendent Del Norte Hatchery, salary 900 Maintenance, Denver Hatchery 900 Maintenance, Gunnison Hatchery 900 Maintenance, La Plata Hatchery 900 Maintenance, Routt County Hatchery 900 Maintenance, Emerald Lakes Hatchery 900 Maintenance, Del Norte Hatchery 900 Gathering spawn for all hatcheries 1,000 Distribution of young fry 300 And for the purpose of paying Thomas Hoff- mire and E. C. Hubbell, Attorneys for contestee in the contest of Martin vs. McCarthy 250 1906 1,500 Total 3,000.00 1,200 300 2,400.00 600.00 1,200 400 2,400.00 800.00 1,200 2,400.00 900 1,800.00 900 1,800.00 900 . 1,800.00 900 1,800.00 900 1,800.00 . 900 1,800.00 900 1,800.00 900 1,800.00 900 1,800.00 900 1,800.00 900 1,800.00 1,000 300 2,000.00 600.00 Ch. 24.] APPROPRIATION. 1905 1906 And for the purpose of paying J. E. Rizier, Attorney for the con- testor in the contest of Martin vs. McCarthy. . 250 And for the purpose of paying William Krier, County Clerk-, as wit- ness in the contest of Tanquary vs. Fisher and Staley vs. Meyer. . 117.60 Sec. 2. That the above amounts shall be used and paid out as required for salaries and expenses as provided by law and not otherwise. For the per diem and mileage of members of the Fifteenth General As- sembly, the per diem of officers, clerks, ser- geants-at-arms, pages, janitors, chaplains and other employes of the Fifteenth Gen- eral Assembly in excess of the amount al- ready appropriated to pay the salaries above enumerated and not already paid from the^ appropriation of one hundred eighty-four thousand, four hundred ninety-six and 01/100 dollars (|184,496.01) made by the Fifteenth General Assembly, and approved January 26, 1905, f Section 3. To provide for the incidental and contingent expenses of the several de- partments of government and the various bureaus and officers connected therewith, and for the printing of the said departments and bureaus, there is hereby appropriated the sum of f And for the printing required by the Fifteenth General Assembly for the years years 1905 and 1906, viz., House and Sen- ate bills, calendars, roll calls, reports, let- ter heads, envelopes, rules, bill covers, en- grossing blanks, session laws of the Fifteenth General Assembly, House and Senate Jour- nals of the Fifteenth General Assembly, or 73 Total 617.60 Payments- how made. Expenses— mem- bers and em- ployes Fifteenth General Assem- bly. 60,000.00 state depart- ments — Incidental ex- penses. Printing. 50,000.00 Fifteenth General Assembly. Printing. 74 APPROPRIATION. [Ch. 24. SO much thereof as may be necessary, the sum of r I 13,000,00 Secretary of State, for indexing and Journals and compiling the House and Senate Journals laws. and Session Laws for the Fifteenth General Assembly I 2,000.00 Sec. 4. The said contingent fund shall be under the control and direction of a board consisting of the Gov- ernor of the State, Auditor of State and the Attorney- General. The said board shall be known as the State Auditing Board, and shall sit at least once in each month for the transaction of business. The Governor shall be chairman of said board and the secretary of the said State Board of Equalization shall act as secretary of said State Auditing Board without additional compensa- tion ^or^ his services. The chief officer of each of the sev- eral branches of the executive and judicial departments, whether elected or appointed, shall from time to time, as the necessities of his department require, make and pre- sent to the said board, estimates of, and requisition for, all necessary supplies, printing, postage, stationery, tele- graph, telephone and mileage charges, legal fees and charges and other expenses and other supplies which shall lawfully be required for the use of his department, and no such supplies shall be purchased or furnished or other expense incurred, and no expense shall be paid unless a requisition shall have been first presented as aforesaid, and no letter heads or envelopes shall be paid for that cost more than five dollars per thousand. So far as pos- sible, the necessary supplies, and particularly the print- ing required to be done for the several offices and de- partments of the state government, shall be furnished and done in as large quantities and amounts as practicable, and by individuals or firms with established places of bus- iness in the State, upon contract made after advertising and taking bids therefor, as provided by law. The head of each department or bureau shall keep an itemized ac- count of the cost of all printing, supplies and other in- cidental expenses lawfully incurred by such department or bureau, and shall render an account under oath, annu- ally, to the Governor of the State, at the end of each fiscal year. In honoring the requisitions of each department or bureau at the time of delivery of printing, supplies or other things, an itemized statement of the cost shall be Control of con- tinfirent fund. Personnel of board. Name of board. Meetings. Officers. No compensa- tion. Estimates of expenses and requisitions for supplies made to board. Requisitions must be pre- sented. Maximum pried for stationery. Printing should be done in large quantities. On contract. Accounts. Render ac- counts. Ch. 24.] APPBOPBIATION. 75 furnished such department or bureau, so as to enable it to Accounts of keep an accurate account of the expenses. supplies. Sec. 5. All supplies, printing and other things herein provided to be furnished, and the expenses of the various offices and bureaus necessarily incurred in carry- ing on the public business, shall be paid out of the par- ticular contingent fund under the control of said board, Bins allowed and when the bills therefor have been allowed by said^^^ board. board, the Auditor of State shall draw his warrant or war- Auditor draw rants therefor, payable only out of the said contingent warrant on con- fund, but the receipt shall accompany vouchers and requi- "^®"* '""^• sitions for money expended. Provided further, That the said State Auditing Board shall not audit or allow any bill or claim for printing until the same has been meas- printing meas- ured, passed upon and allowed by the Commissioner ofured. Public Printing and not until the provisions of that act passed by the Fourteenth General Assembly so creating said office, have been complied with concerning the same, and the State Auditor shall not*audit or issue his war- rant therefor nor the State Treasurer pay any of such^^jj^ ^^^^^ warrants until the said Commisisoner of Public Printing i,y commis^^ shall have so approved the same and the provisions of sioner of Print- the act so creating that office have been fully complied ingr. with. Sec. 6. The Auditor of State shall submit to the Gen eral Assembly in his biennial report, an itemized state- Auditor's re- ment of the expenditures made from the appropriations p®""*- for the said contingent fund and all other contingent and expense funds provided for by this act. Sec. 7. All warrants issued under the provisions of warrants is- this act shall be made only to the party to whom the State ^"®^- has become indebted, including all subordinates and em ployes of departments and all accounts for services ren- dered and items furnished shall, before the issuance of a -warrant therefor, be itemized and sworn to before an offi- swom accounts, c-er authorized by law to make affidavits, except in cases ®^°®p*- of duly elected or appointed officers of the State receiv- ing a fixed compensation by law, and the same approved by the proper officers of the State ; Provided, That in all cases of cash paid out by the officers for traveling ex- penses and mileage, said itemized account must be accom- panied by proper vouchers therefor, signed by the party vouchers for to whom such money has been paid ; Provided further, ^^^^ expendi- That no warrants shall be drawn under the provisions of *"^^^* 76 APPBOPBIATION. [Ch. 25. Warrants not drawn until fees are turned over. Affidavit— no traveling on pass. Balance to gen- eral fund. Emergency. this act to any officer, or on any fund, until all fees and emoluments of any kind or nature collected by such officer for the preceding month shall have been accounted for under oath, and the amounts turned over to the State Treasurer; and, Provided, further. That no warrants shall be drawn under the provisions of this act to any officer for traveling expenses incurred by him in connec- tion with the duties of his office, until he shall make and file with the officer issuing the warrant, his affidavit that no part of said traveling for which the bill has been ren- dered was done on a free or complimentary pass, and that the said charges are not in excess of the amount actually paid by him on account of such traveling. Sec. 8. All unexpended balances remaining to the credit of any appropriation herein mentioned for the fiscal years 1905-1906, after all bills have been paid, shall be transferred to the general fund. Sec. 9. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 3, 1905. CHAPTER 25. APPBOPBIATION. D. F. HOW. (H. B. No. 396. by Mr. Wilder.) AN ACT FOR THE RELIEF OF D. F. HOW . Be it Enacted by the General Assembly of the State of Colorado: Section 1. That the sum of fifty-eight dollars and Appropriation, elghty-oue cents (f58.81) be appropriated out of any moneys in the Internal Improvement Permanent or In- Fund. come Funds not otherwise appropriated, for the pur- pose of paying D. F. How money expended by him as Ch. 26.] APPROPRIATION. 77 deputy State Treasurer in paying warrants drawn on the Hinsdale and Ban Juan road fund. Sec. 2. In the opinion of the General Assembly an emergency exists; therefore, this act shall take ef- Emergrency. feet and be in force from and after its passage. Approved April 11, 1905. CHAPTER 26. APPEOPEIATION. LEWIS AND CLARK CENTENNIAL EXPOSITION. (H. B. No. 345. by Mr. Bromley.) AN ACT TO MAKE AN APPROPRIATION FOR THE PURPOSE OF ERECT- ING A STATE BUILDING AND PLACING A COLORADO EX- HIBIT AT THE LEWIS AND CLARK CENTENNIAL EXPOSI- TION TO BE HELD AT PORTLAND, OREGON, IN THE YEAR 1905, AND TO PROVIDE A COMMISSION FOR THE PUR- POSE OF CONSTRUCTING THE SAID BUILDING AND TO DEFINE THE DUTIES THEREOF. Be it Enacted hy the General Assembly of the Btate of Colorado: Section 1. That for the purpose of erecting a State building and placing a Colorado exhibit at the Lewis Exhibit and Clark Centennial Exposition to be held at Portland, Lewis-ciark Oregon, beginning June 1st, 1905, and ending October ^^p®^*^^^**- 15, 1905, there is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, the Appropriation. sum of fifteen thousand (|15,000) dollars or so much thereof as may be necessary and the Auditor of State is hereby authorized to issue warrants upon such funds Auditor issue upon vouchers of the Board of Commissioners of the warrants. Lewis and Clark Centennial Exposition of Colorado, properly certified by the President and Commissioner in certified Chief of said board, and attested by the Secretary of vouchers. said board and accompanied by estimates of the ex- penses for which the money so drawn is to be applied, commission- Sec. 2. Immediately upon the taking effect of this appointed- act, the Governor shall appoint three (3) commissioners number. 78 APPROPRIATION. [Oh. 27. Desigrnation of commission. Officers. Report to Governor. Governor transmit report to General Assembly. Board receive no compensation —except. Compensation. Emergency. for Colorado to constitute a Board of Lewis and Clark Centennial Exposition Managers of Colorado and such board shall have power to elect from their number a president and secretary and shall likewise have power to appoint a commissioner in chief and such other em- ployes as may be necessary and to fix the salaries and compensation. Sec. 3. The said board of commissioners shall make a report to the Governor of the State on or before Jan- uary 1, 1906, showing how the moneys appropriated have been expended and the said report shall be by the Gov- ernor transmitted to the General Assembly when it shall convene. Sec. 4. No member of the board of commissioners above mentioned shall receive any compensation for his services except the Commissioner in Chief and the secre- tary of said board who shall receive such compensation as may be agreed upon by the said Board of Commis- sioners with the approval of the Governor of the State. Sec. 5. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. CHAPTER 27. I APPEOPEIATION. MEMORIAL MONUMENT. (H. B. No. 105, by Mr. Smith.) AN ACT TO PROVIDE FOR A MONUMENT TO BE ERECTED TO THE MEMORY OF THE COLORADO SOLDIERS WHO FELL IN THE CIVIL WAR, TO BE ERECTED ON THE STATE CAPI- TOL GROUNDS AT DENVER, AND MAKING AN APPROPRIA- TION THEREFOR. Be it Enacted by the General Assembly of the State of Colorado: Appropriated. Section 1. There is hereby appropriated out of any moneys in the State Treasury of the funds of any fiscal Ch. 27.] APPROPRIATION. 79 year, not otherwise appropriated, the sum of fifteen thou- sand dollars (f 15,000) for the purpose of erecting a suit- Erect monu- able monument to the memory of the Colorado solditTS ™®°^* who fell in the Civil War. See 2. John D. Howland, of the City of Denver, a Members of member of the First Colorado Cavalry, together with the ^oard. Governor and the Department Commander of the Depart- ment of Colorado and Wyoming G. A. R., shall be, and are hereby constituted a board for the purpose of locat- Duties, ing a site for and erecting said monument, said board to serve without compensation. Sec. 3. It shall be the duty of the board, as soon as may be practical and possible after this act shall take Select location effect, to carefully investigate and select the most desir- ^^ capitoi able location, upon the State Capitol grounds at Denver, *^®"^^^- for the site of the said monument. Sec. 4. After the location of the site for the said monument, the board herein provided for shall advertise Advertise for for designs for said monument, offering such a prize for desigrns. the best design as they may deem proper; after having Prize for best selected the design that in their opinions shall be the^^esign. best, from those submitted, they shall let a contract for Let contract. the erection of the same to the lowest responsible bidder; Provided however, That said board may reserve the right to reject any and all bids if such action be deemed May reject bids, necessary, and it shall be the duty of the board to adver- Advertise for tise for bids for the work of making and erecting said bids for erec- monument; said advertisement shall be inserted for at**®°- least thirty (30) days in a newspaper of general circulation l>ublished in the City and County of Denver; And Pro- vided, further, That said board shall require a good and sufficient bond with sureties, to be approved by said board, from the party or parties contracting for said Bond of con- work in the sum of double the amount named in the con- tractor. tract price of said work, conditioned for the completion of the work in accordance with the contract and specifi- cations in detail as shall be provided by the board. Sec. 5. Whenever any part of the work shall have been completed according to contract or agreement and Auditor draw accepted by the board, the Auditor of State is hereby warrants, directed to draw a warrant for the amount due for that work on the certificate of the board that the said work has been completed according to contract or agreement, and that the same has been accepted by the board. 80 APPROPRIATION. [Ch. 28. Emergency. Sec. 6. In the Opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 8, 1905. CHAPTER 28. AFPBOPBIATIOir. CHARLES OVELMAN, ET AL. (H. B. No. 284. by Mr. Thomas.) AN ACT APPROPRIATING THE SUM OF ONE HUNDRED AND TWENTY- SIX DOLLARS AND FIFTY CENTS ($126.50) FOR THE RELEIF [RELIEF] OF CHARLES OVELMAN, HARRY McHUGH AND CHARLES L. METZER. Appropriation. Auditor draw warrant Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of the moneys in the State Treasury, not otherwise appropriated, for the purpose of paying Charles Ovelman, seventy-five dollars (f75), Harry McHugh, forty-five dollars (|45) and Charles L. Metzer six dollars and fifty cents (f6.50). The said sum having been by the Fourteenth Gen- eral Assembly appropriated for the purpose of paying the expenses growing out of the conduct, prosecution and defense of certain election contests in the House pertain- ing to the Fourteenth General Assembly. By reason of the death of the Speaker of the House of the Fourteenth General Assembly, no warrant for the amount had been drawn and the said amount was on the 30th day of November, 1904, covered in the State Treasury. Sec. 2. Upon the passage of this act the State Atidi- tor is hereby directed to draw warrants upon the State Treasurer in favor of the parties herein named and in their respective amounts. Ch. 29.] APPROPRIATION. 81 Sec. 3. In the opinion of the General Assembly an Emergency, emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 11, 1905. CHAPTER 29. APPBOPBIATIOK. HARRY V. PALMER. (S. B. No. 132, by Senator Ballinsrer.) AN ACT FOR THE RELIEF OF HARRY V. PALMER. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation, moneys in the State Treasury, not otherwise appropri- ated, the sum of five thousand dollars (|5,000.00), for the relief of Harry V. Palmer, a sergeant in Battery "A,'' otherwise designated the Chaffee Light Artillery, of the National Guard of Colorado, on account of injuries re- ceived while in the service of the State of Colorado, dur- ing the encampment of the National Guard at Boulder, in the said State, in the year A. D. 1901. Sec. 2. The Auditor of the State is hereby author- Auditor draw ized and directed to draw warrants in payment of the warrant. appropriation made by section 1 of this act for the sum of five thousand dollars (|5,000.00), upon the moneys in the State Treasury, of the revenues of anj fiscal year, not otherwise appropriated. Sec. 3. That an act entitled "An act for the relief Repeal of Harry V. Palmer," approved April 16, 1903, be, and the same is, hereby repealed. 82 APPROPRIATION. [Ch. 30. Emergency. gec. 4. Whereas, in the opinion of the General As- sembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 11, 1905. CHAPTER 30. APPEOPEIATIOBr. STATE AGRICULTURAL COLLEGE. Appropriation. Purpose. Improvement of instruction. (S. B. No. 172, by Senator Drake.) AN ACT TO APPROPRIATE THE SUM OF THIRTY THOUSAND DOLLARS FOR THE PURPOSE OF SUPPLEMENTING AND EXTEND- ING THE COURSE OF INSTRUCTION AT THE STATE AGRI- CULTURAL COLLEGE, AND THE WORK OF THE EXPERI- MENTAL STATION CONDUCTED IN CONNECTION WITH SAID COLLEGE, DURING THE YEARS 1905 AND 1906. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated the sum of four thousand dollars (f 4,000.00) annually from the sum hereinafter appropriated for the purpose of supplement- ing and extending the instruction upon the following sub- jects, at the State Agricultural College; to give thorough and reliable instruction in the economic production of crops ; the treatment of the different soils of the State in such manner as to secure the largest returns from each, and without impairing its fertility ; a proper application and uses of water in irrigation for the growth of the vari- ous farm crops and grasses; the principals of breeding and management of live stock, including animal diseases ; a thorough knowledge of the various breeds and market classes; the economic and sanitary production of dairy goods, and the best method of meeting the existing market demands and extending and developing trade in the agri- cultural productions of the State, and to enable the State Ch. 30.] APPROPRIATION. 83 Agricultural College to provide and maintain such live stock specimens, laboratories and buildings, apparatus and other material equipment, together with teachers of such experience and skill, as shall make said instruction effective, and it shall be the duty of the State Board of Agriculture and the head of the agricultural department Determination of said college to prepare and adopt the lines upon which of "nes of work. said work of instruction shall be conducted. Sec. 2. It shall be the duty of the Agricultural Ex- Agricultural perimental Station, in addition to the work already pro- ^^p®^™®"^^^ vided, to conduct investigations calculated to develop the^*^^"^^*^ investi- beef, pork, mutton, wool and horse producing interests of gations. the State, and especially to devise and conduct feeding experiments intended to determine the most successful combination of stock foods, particularly in Colorado grasses, grains and forage crops, and to discover the most Colorado economical and successful methods of maintaining ani- grasses. mals and feeding them for the market; to investigate the various contagious and other diseases of live stock, espe- cially of poisonous plants infecting the ranges of Colo- rado; to investigate live stock conditions, both at home Publish results. and in other states of the Union, and to publish the results of such experiments and investigations; and in order to carry out the provisions of this section, there is hereby Appropriation, appropriated the sum of five thousand dollars (f5,000) annually from the amount hereinafter appropriated. Sec. 3. It shall be the further duty of the agricul- Further duty of tural experimental station to conduct co-operative ex- station. periments in the several sections of the State in order to co-operative discover the best methods of producing grain, forage and ©^cperiments. grasses on the different soils and under the various cli'- matic conditions of the State, for the purpose of improv- ing the different varieties grown for the several purposes. Publish results. and to publish results of such experiments; and to carry out the provisions of this section, there is hereby appro- Appropriation, priated the sum of fifteen hundred dollars (|1,500) an- nually from the amount hereinafter appropriated. Sec. 4. It shall be the further duty of the agricul- Further duty of tural experimental station to investigate and demonstrate station. the best method of fertilizing, seeding and cultivating investigate cui- sugar beets, potatoes and other root crops on the various tivation. soils of the different sections of the State; to experiment upon the production of sugar beet seed, especially adapted 84 APPEOPBIATION. [Ch. 30. Publish results. Appropriation. State Board of A^culture. Farmers* Insti- tute—annually. Appropriation. Duties— State Board of Agrri' culture. Appropriation. Auditor draw warrants for certificates of indebtedness. Emerjfency. to Colorado conditions, and to perform such other experi- ments and conduct such other investigations as are calcu- lated to increase the yield of potatoes and sugar beets and percentage of sugar in the beet crop, and to publish reports on such experiments ; and, to carry out the provis- ions of this section, there is hereby appropriated the sum of five hundred dollars (|500.00) from the amount here- inafter appropriated annually. Sec. 5. It shall be the duty of the State Board of Agriculture, through its officers and those of the State Agricultural College, to organize and conduct a farmers' institute annually in each agricultural county of the State, to instruct the stock men and farmers, and those interested in agriculture and horticulture and kindred in- dustries ; and, to carry out the provisions of this act, there is hereby appropriated the sum of four thousand dollars (|4,000) annually from the amount hereinafter appro- priated. Sec. 6. It shall be the duty of the State Board of Agriculture to appropriate and set aside annually the ap- propriation of the funds herein specified in this act, for the purposes herein mentioned, and to see that the amounts are disbursed in accordance with the provisions of this act. Sec. 7. The sum of thirty thousand dollars (|30,- 000) is hereby appropriated out of any money in the State Treasury not otherwise appropriated for the years 1905 and 1906, for the purpose of carrying into effect the pro- visions of this act, and the Auditor of State is hereby au- thorized and directed to draw warrants upon the funds created by this section, upon presentation of certificates of indebtedness issued by the State Board of Agriculture, duly signed by the president and countersigned by the secretary. Sec. 8. In the opinion of the General Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. Ch. 31.] APPROPRIATION. 85 CHAPTER 31. APPBOPBIATION. STATE BOARD OF LIBRARY COMMISSIONERS. I (S. B. No. 267, by Senator Anfenger.) AN ACT MAKING AN APPROPRIATION FOR THE STATE BOARD OF LIBRARY COMMISSIONERS FOR THE YEARS 1905 AND 1906. Be it Enacted hy the Qenerai Assembly of the State of Colorado: Section 1. That there is hereby appropriated, for Appropriation. the expense of the State Board of Library Commission- ers, for the years 1905 and 1906, the sum of five hundred Expense. dollars (|500.00), the same to be drawn upon vouchers certified by the president and secretary of said board, two certified hundred and fifty dollars (|250.00) for the year 1905, and vouchers. two hundred and fifty dollars (|250.00) for the year 1906. Sec. 2. Whereas, in the opinion of the Qenerai As- Emergency. sembly,. an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. 8(> APPROPRIATION. [Oh..32. CHAPTER 32. AFPBOPBIATION. STATE BUREAU OF CHILD AND ANIMAL PROTECTION. (H. B. No. 137, by Mr. Vance.) AN ACT MAKING AN APPROPRIATION FOR THE STATE BUREAU OF CHILD AND ANIMAL PROTECTION FOR THE YEARS 1905 AND 1906. Appropriation. Purpose. Time covered. Auditor draw warrants. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That six thousand dollars (f6,000) is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, to the State Bureau of Child and Animal Protection for the purpose of carry- ing out the provisions of an act entitled "An act to pre- vent wrongs to children and dumb animals and to estab- lish a bureau of child and animal protection." Sec. 2. That said appropriation be made for the years 1905 and 1906, commencing July 1, 1905 and ending June 30, 1907, one half of said amount to be used during the first year and the other half to be used during the second year. Sec. 3. The State Auditor is hereby authorized to draw warrants for the payment of the expenses of said bureau upon vouchers certified by the president of said bureau of child and animal protection and attested by the secretary thereof. Approved April 6, 1905. Ch. 33.] APPROPRIATION. 87 CHAPTER 33. APPBOPBIATION. STATE CAPITOL BUILDING. (H. B. No. 113, by Mr. Stephen.) AN ACT MAKING AN APPROPRIATION FOR THE PAYMENT OF A PART OF THE EXPENSES FOR THE MAINTENANCE AND SUP- PORT OF THE CAPITOL BUILDING AND GROUNDS. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation, funds in what is known as the "Capitol Building Fund", ^^^^ and not otherwise appropriated, the sum of fourteen thousand (f 14,000) dollars to pay a part of the mainte- nance and support of the State Capitol Building and grounds of the State of Colorado, for the furnishing of Expenses state coal, light, water, telephone service, supplies for legisla- capitoi Building ture and State officers, engine, boiler and electric sup- ^"^ Grounds, plies, wages of engineers, firemen, janitors, watchmen, elevator pilots, laborers, and other necessary expenses. Sec. 2. The certificates of indebtedness issued in certificates bear payment thereof shall bear interest at the rate of five (5) interest. per cent, per annum from the date of presentation to the date of payment thereof. Sec. 3. All acts and parts of acts inconsistent with Repeal. the provisions hereof are hereby repealed. Sec. 4. In the opinion of the General Assembly an emergency exists with regard to the matters provided for Emergency. in this bill ; and, therefore, this act shall take effect and be in force from and after its passage. Approved February 17, 1905. 88 APPROPRIATION. [Ch. 34. CHAPTER 34. AFFBOPBIATION. STATE CAPITOL BUILDING. (S. B. No. 216, by Senator Ballinger.) AN ACT MAKING APPROPRIATIONS FOR THE MAINTENANCE AND SUP- PORT OF THE STATE CAPITOL BUILDING AND GROUNDS OF THE STATE OF COLORADO FOR THE YEARS 1905 AND 1906, AND FOR REPLACING OLD FURNITURE AND CAR- PETS AND SUPPLYING NEW FURNITURE IN THE DIFFER- ENT DEPARTMENTS OF THE CAPITOL BUILDING WHERE REQUIRED. Maintenance and support. Wages of employes. Appropriation. Furniture and carpets. Appropriation. Auditor issue certificates of Indebtedness. Claims audited by Capitol Managers. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. For the maintenance and support of the State Capitol Building and grounds of the State of Colo- rado, for the furnishing of fuel, light, water and telephone service, for supplies for Legislature, State offices, janitors, engines, boilers, elevators, grounds, etc.; also wages for engineers, firemen, watchmen, elevator pilots, janitors and laborers on grounds for the years 1905 and 1906, there is hereby appropriated out of the Capitol Building Fund the sum of sixty-three thousand dollars (f 63,000.00), or so much as may be necessary. Sec. 2. For the purpose of replacing old furniture .and carpets and supplying new furniture where required in the different departments, there is hereby appropriated out of the Capitol Building Fund the sum of five thousand dollars (f5,000), or as much thereof as may be necessary, and for which no funds have been appropriated since 1901. Sec. 3. The Auditor of State is hereby authorized and directed to issue certificates of indebtedness, for all claims duly audited and certified by the Board of Capitol Managers for material furnished and labor performed, where there are no funds in the treasury at the time of the Ch. 35.] APPROPRIATION. 89 issuance thereof, to meet the same, said certificates of in- debtedness to be payable out of the Capitol Building Fund and out of the moneys appropriated for the maintenance and support of said Capitol Building and grounds. The faith and credit of the State of Colorado is Credit of state hereby pledged for the payment of interest and principal pledged for of this indebtedness ; and it is further provided, that the i*V"*®°^- said certificates of indebtedness shall be presented to the State Treasurer, who shall thereupon countersign and in- dorse the same as bearing interest at the rate of five (5) certificates bear per cent, per annum, payable semi-annually from the date Ave per cent. of presentation to the date of payment thereof ; but in no I'l^^rest. event shall the certificates be in excess of the appropria- tions made for the maintenance. Sec. 4. In the opinion of the General Assembly an jj^jgj.^^jj^y emergency exists; therefore, this act shall take effect and be in full force from and after its passage. Approved April 6, 1905. CHAPTER 35. APPBOPBIATION. STATE CAPITOL BUILDING. (S. B. No. 213, by Senator BalUnger.) AN ACT MAKING AN APPROPRIATION FOR THE COMPLETION OF THE STATE CAPITOL BUILDING, AND TO PAY FOR SPECIAL IMPROVEMENTS SURROUNDING THE GROUNDS HERETO- FORE MADE, OF THE STATE OF COLORADO, AND AUTHORIZING THE ISSUANCE OF CERTIFICATES OF INDEBTEDNESS IN PAYMENT FOR LABOR AND MATERIAL USED IN THE COMPLETION AND IMPROVEMENTS THEREOF. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation. moneys in the treasury, being funds collected by levy or otherwise, for the completion of the State Capitol, and 90 APPROPRIATION. [Ch. 35. Equipping: of vaults. Painting:. Auditor issue certificates of indebtedness. When payable out of "Capitol Building: Fund.' Credit of State pledg:ed for payment. Bear five per cent, interest. State Treasurer advertise number of certificate to be paid. from such other funds as make part of what is known and styled as the "Capitol Building Fund," and not other- wise appropriated, the sum of fifty thousand, six hundred and seventy-eight and fourteen one-hundredths dollars ($50,678.14), or so much thereof as may be necessary. It is hereby provided that this sum is hereby appro- priated for the purpose of equipping the vaults of the different departments with metal fixtures and furnishings, painting all metal from roof line to dome, and for the purpose of purchasing and putting in place in the Senate Chamber a stained glass window containing the life size portrait of the late Senator Edward O. Wolcott, and for all the expenses of placing all stained glass windows in said Senate Chamber, refilling and revarnishing all in- terior woodwork, painting walls and ceilings and base- ment floor, and making such other improvements as may be deemed advisable by *th^^oard of Capitol Managers. Sec. 2. The Auditor of State is hereby authorized and directed to issue certificates of indebtedness for all claims duly audited and certified by the Board of Capitol Managers for material furnished and labor performed in and about the completion and improvements of said build- ing; where there are no funds in the treasury at the time of the issuance thereof, to meet the same, said certificates of indebtedness to be payable out of the Capitol Building Fund, and out of the moneys appropriated for the com pletion and improvements of said Capitol Building. The faith and credit of the State of Colorado is hereby pledged for the payment of interest and principal of this indebted- ness ; and it is further provided, that the said certificates of indebtedness shall be presented to the State Treasurer, who shall thereupon countersign and indorse the same as bearing interest at the rate of five per cent. (5^) per annum, from the date of presentation to the date of pay- ment thereof; but in no event shall the certificates be in excess of the appropriations made for the completion and improvements of said building. Sec. 3. On the tenth day of each and every month, if there be funds in the treasury to pay any certificates of indebtedness provided for in the foregoing section, the Treasurer of State is hereby required and directed to give notice by advertisement in a newspaper published in the City of Denver, designating the certificate by number, in order of their presentation to the State Treasurer and Ch. 36.] APPROPRIATION. 91 indorspjlbereoii which the funds in the treasury will pay. At th^*«piration of thirty days from the date of the last interest shall insertion, interest on the certificate so named as being cease, payable shall cease. Sec. 4. All acts and parts of acts inconsistent with ^^^^^ the previsions [provisions] hereof are hereby repealed. Sec. 5. In the opinion of the General Assembly, an emergency exists with regard to the matters provided for ™®''^®^^y- in this bill, and therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. CHAPTER 36. APPBOPBIATION. STATE FAIR FUND. (S. B. No. 205, by Senator Pryor.) AN ACT MAKING AN APPROPRIATION TO THE STATE BOARD OF AGRI- CULTURE AND STATE BOARD OF HORTICULTURE FOR THE BENEFIT OF THE STATE FAIR FUND, FOR THE YEARS 1905 AND 1906. Be it Enacted hy the General Assembly of the Btate of Colorado: Section 1. That twelve thousand ($12,000.00) dollars is hereby appropriated out of the moneys in the State '^^^'^^^^^ ^* °"* Treasury not otherwise appropriated to the State Board of Agriculture -and the State Board of Horticulture, as "the State Fair Fund", for the purpose of carrying out the provisions of an act of the General Assembly, ap- proved April 15, 1903, entitled : "To encourage annual displays of live stock and of the products of agriculture and of horticulture, and all ^"'^p^^®* other interests of the State, at the State Fair at Pueblo, and to authorize the State Board of Agriculture and the 92 APPROPRIATION. [Ch. 36. Boards offer premiums. State Board of Horticulture to offer premiums in cash, and to provide for the payment of such premiuiriir* Sec. 2. That said appropriation be made for the years 1905 and 1906, and that out of the said sum of twelve thousand (|12,000.00) dollars the sum of four thou- sand (f4,000.00) dollars shall be appropriated for each year to the State Board of Agriculture, to be awarded under the rules and regulations adopted by said State state Board of Board of Agriculture for cash premiums for the best Agriculture. displays of agricultural products and of live stock, at anTagricuu^^^^^ State Fair held annually at Pueblo by the Pueblo- dispiays. Colorado state Fair Association. Sec. 3. That out of said appropriation of twelve thousand ({12,000.00) dollars the sum of two thousand state Board of (f 2,000.00) dollars shall be appropriated for each year to Horticulture, the State Board of Horticulture, to be awarded, under the rules and regulations adopted by the said State Board of Horticulture for cash premiums for the best displays of horticulture at the State Fair, held annually at Pueblo by the Pueblo-Colorado State Fair Association. Sec. 4. The Auditor of State is hereby authorized to draw warrants upon the State Fair Fund for the pay- ment of vouchers certified by the president of the State Board of Agriculture and attested 'by the secretary thereof for the amount of money hereby appropriated to said board. And the Auditor of State is hereby authorized to draw warrants upon the State Fair Fund for the pay- ment of vouchers certified by the president of the State Board of Horticulture and attested by the secretary thereof for the amount of money hereby appropriated to said board. Sec. 5. In the opinion of the General Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. Awards. Horticultural displays, state Pair- held where. Auditor draw warrants on fund. Auditor draw warrants on fund. Emergency. Ch. 37.] APPEOPBIATION. 93 CHAPTER 37. APPBOPBIATION. STATE HOME FOR DEPENDENT AND NEGLECTED CHILDREN. (H. B, No. 69, by Mr. Keezer.) AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT, MAINTE- NANCE AND IMPROVEMENT OF THE STATE HOME FOR DEPENDENT AND NEGLECTED CHILDREN FOR THE TWO YEARS ENDING NOVEMBER 30, 1906. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of , _, ,, • j.i_ oi-L J. m I xi_ •■ Appropriation. any moneys in the State Treasury, not otherwise appro- priated, the sum of forty thousand dollars ($40,000) for the general support and maintenance of the State Home for Dependent and Neglected Children for the biennial Support- period beginning December 1, 1904, and ending Novem- ™a^intenance. ber 30, 1906y. and for such other purposes as the board of control may direct. Sec. 2. That there is hereby appropriated out of any moneys in the State Treasury, not otherwise appro- '^pp''^p''**"°^ priated, the sum of ten thousand dollars (f 10,000), for the purpose of finishing, suitably, equipping and furnish- ing all new buildings, repairing the administration build- improvements ing, fencing, improving lawns, purchasing trees, shrub- ^'^^ repairs. bery and farm implements, and for such other purposes as the board of control may direct. Sec. 3. The above appropriations to be paid as pro- Proviso as to vided for in section 3, of "An act in relation to the estab- pa^y™®^<^- lishment of a State home for dependent and neglected children and making an appropriation therefor," ap- proved April 10, 1895. Sec. 4. Whereas, in the opinion of the General As- Emergrency. sembly an emergency exists; now, therefore, this abt shall take effect and be in force from and after its pass- age. Approved April 6, 1905. 94 APPROPRIATION. [Ch. 38. CHAPTER 38. APFBOPBIATION. STATE INDUSTRIAL SCHOOL— BOYS. (H. B. No. 11, by Mr. Church.) AN ACT TO PROVIDE FOR THE PAYMENT OF A PART OF THE EX- PENSE OF MAINTENANCE, SUPPORT AND INCIDENTAL EXPENSES OF THE STATE INDUSTRIAL SCHOOL AT GOLDEN, COLORADO, FOR THE YEARS 1905 AND 1906. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated, out of Appropriation, ^uy moneys in the State Treasury not otherwise appropri- Maintenance ated, as part payment' of the expenses of the State State state Industrial Industrial School at Golden, Colorado, for maintenance, School. support, and incidental expenses, including the salariees [salaries] of officers and employes, for the years 1905 and 1906, commencingJ3ecember 1 , 1904 and ending November 30, 1906, the sum of twelve thousand dollars (f 12,000.00) to be used exclusively for the purposes aforesaid, and the Auditor is hereby authorized to draw his warrant upon the State Treasury in payment of the moneys hereby ap- propriated, upon certified vouchers of the Board of Con- trol and the Superintendent of the State Industrial School, at Golden, Colorado. Sec. 2. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved February 9, 1905. Auditor draw warrants. Emerg-ency. Ch. 39.] APPROPRIATION, 95 CHAPTER 39. APPBOPBIATION. STATE INDUSTRIAL SCHOOL—BOYS. (H. B. No. 12, by Mr. Church.) AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT, MAINTE- NANCE AND IMPROVEMENT OF THE STATE INDUSTRIAL SCHOOL AT GOLDEN, COLORADO, FOR THE TWO YEARS ENDING NOVEMBER 30, 1906. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That for the general support and main* Support and tenance of the State Industrial School at Golden, Colo- maintenance, rado, for the period commencing December 1, 1904, and ending November 30, 1906, including the salaries of offi- cers and employes ; buying stock for farm and school uses ; building fences and repairing same ; buying machinery and repairing same; completing, and furnishing dining room, kitchen, bakery and assembly room and furnishing same ; improvements erecting and furnishing two cottages; purchasing an en-^*^^ repairs, gine and generator; making an addition to water stand- pipe; erecting a conservatory; purchasing ten typewrit- ers; erecting a barn; making repairs on buildings and miscellaneous expenses, or for any other purposes the board of control may find necessary to the school's proper conduct and welfare, there is hereby appropriated out of any funds in the State Treasury, not otherwise appro- Appropriation, priated, the sum of one hundred thousand dollars ($100,- 000), together with the cash receipts of the institution for the two years aforesaid, to be used exclusively for the purpose above set forth. Sec. 2. All moneys herein appropriated shall be spent Control of by the authority of the board of control of the said State '"'^^^• Industrial School at Golden, Colorado, and the State Aud Auditor draw itor, upon certified vouchers of the board of control and warrants. 96 APPR0PRL4TI0N. [Ch. 40. superintendent of the State Industrial School at Golden, Colorado, shall draw his warrant upon the State Treas- ury in payment of the moneys hereby appropriated. No indebtedness Sec. 3. Nothing in this act shall be construed to au- in excess of ap- thorize any expenditures or the contracting of any in- appropriation. debtedness in excess of the amount of the appropriations herein made. Emergency. Sec. 4. Whereas, in the opinion of the General As- sembly an emergency requiring the immediate effect and operation of this act exists ; therefore, this act shall take effect from and after its passage. Approved April 6, 1905. CHAPTER 40. APPBOPBIATION. STATE INDUSTRIAL SCHOOL— GIRLS. (S. B. No. 159, by Senator Booth.) AN ACT TO MAKE AN APPROPRIATION FOR THE STATE INDUSTRIAL SCHOOL FOR GIRLS. Improvements and repairs. Appropriation. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there be, and the same is hereby appropriated out of any funds in the State Treasury not otherwise appropriated, for the State Industrial School for Girls, for the years 1905 and 1906, for a general utility fund, including farming machinery and general repairs, for the purchase of horses, cows, chickens, pigs, etc., repairing and building fences and out-houses, insurance and dental work $7,500.00. For a new school house and assembly room, and furnishings for the same f 5,000.00 For dining room and gymnasium 5,000.00 For sinking artesian well 2,500.00 For steam heating and electric light plant and laundry combined 6,500.00 Ch. 41.] APPROPRIATION. 97 Sec. 2. That the State Auditor be, and he is hereby Auditor draw authorized and directed to draw warrants for the said warrants upon timounts upon vouchers signed by the president and ^°"*^*'^'"®- secretary of the board of control, as the same shall be necessary to pay for the expenditures made by the said board, or to carry out the improvements herein specified. Sec. 3. In the opinion of the General Assembly an Emergency, emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. . CHAPTER 41. APPBOPBIATION. STATE INSANE ASYLUM. (H. B. No. 818, by Mr. Metz.) AN ACT TO PROVIDE FOR THE PAYMENT OF A PART OF THE MAIN-^ TENANCE, SUPPORT AND INCIDENTAL EXPENSES AND OTHER NECESSARY EXPENDITURES FOR THE STATE IN- " SANE ASYLUM FOR THE YEARS 1904 AND 1905. Be it Enacted by the General Assembly of the State of Colorado: ' Section 1. That there is hereby appropriated out Appropriation, of any moneys in the State Treasury, not otherwise ap- propriated, as part payment of the expenses of the State Insane Asylum for maintenance, support and incidental expenses, insurance of buildings of the institution, and B3xpenses insane other necessary expenditures, including the salaries of ^syi""^- officers and employes for the years 1905 and 1906, com- mencing December 1, 1904, and ending November 30, 1906, the sum of thirty-five thousand (f35,000) dollars, to be used exclusively for the purposes aforesaid, and the Auditor is hereby authorized to draw warrants for the Auditor draw payment of vouchers certified by the president of the ^*"'^'^*s- Emergency. 98 APPROPRIATION. [Ch. 42. Board of Lunacy Commissioners and attested by the secretary thereof. Sec. 2. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved March 2, 1905. CHAPTER 42. APPEOPEIATION. STATE INSANE ASYLUM. (S. B. No. 43, by Senator Pryor.) AN ACT MAKING APPROPRIATIONS FOR THE SUPPORT AND MAINTE- NANCE OF THE COLORADO INSANE ASYLUM, INCLUDING THE PAYMENT OF SALARIES OF THE OFFICERS AND EM- PLOYES THEREOF, FOR THE ERECTION OF NEW BUILD- INGS, AND FOR THE MAKING OF NECESSARY REPAIRS AND IMPROVEMENTS. Support and maintenance. Appropriation. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. For the general support and mainte- nance of the Colorado Insane Asylum, including the sal- aries of the officers and employes of the institution, there is hereby approptiated [appropriated] out of any moneys in the State Treasury, not otherwise appropriated, the sum of seventy-five thousand dollars ($75,000.00) for the period commencing December 1, 1904, and ending No- vember 30, 1906, in addition to the emergency appropria- tion of thirty-five thousand dollars ($35,000.00) hereto fore made. Control of fund. ^cc. 2. That all moueys appropriated by this act shall be expended under the direction and control of the State Board of Lunacy Commissioners, and the State Auditor is hereby authorized and directed to draw his Ch. 43.] APPROPRIATION. 99 warrants for the payment of same tipon vouchers eerti- Auditor draw fled by the president of the Board of Lunacy Commis- ^^'■'*^**^^^^"- sioners and attested by the secretary thereof. Sec. 3. In the opinion of the General Assembly Emergrency. an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. CHAPTER 43. AFPBOPBIATION. STATE NORMAL SCHOOL. (H. B. No. 108, by Mr. Townsend.) AN ACT TO FURTHER PROVIDE FOR THE MAINTENANCE, GROWTH, AND DEVELOPMENT OF THE STATE NORMAL SCHOOL AT GREELEY AND MAKING APPROPRIATION THEREFOR. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated from the Appropriation, general fund out of any money not otherwise appropri- ated twenty thousand (f 20,000) dollars to be used for the purpose of paying any outstanding [outstanding] indebt- Development— edness of the State Normal School and for the further ^*®^^® Normal development thereof. ^^''''^^ Sec. 2. In the opinion of the General Assembly an Emergrency. emergency exists; therefore, this act shall take effect from and after its passage. Approved April 6, 1905 100 APPROPRIATION. [Ch. 44. CHAPTER 44. APPBOPKIATION. STATE PENITENTIARY. (H. B. No. 17, by Mr. Davis.) ' AN ACT TO PROVIDE FOR THE PAYMENT OF A PART OF THE EX- PENSE OF MAINTENANCE, SUPPORT AND INCIDENTAL EXPENSES OF THE PENITENTIARY FOR THE YEARS 1905 AND 1906. Appropriation Maintenance State tiary. Auditor draw warrants. ^Emergency. Be it Enacted by the General Assembly of the State of Colorado: • Section 1. That there is hereby appropriated out of any moneys in the State Treasury, not otherwise appro- priated, as part payment of the expenses of the State Pen- itentiary for maintenance, support and incidental ex- penses, including the salaries of officers and employes for Peniten- the years 1905 and 1906, commencing December 1, 1904, and ending November 30, 1906, the sum of forty thousand (f40,000) dollars, to be used for the purposes aforesaid, and the Auditor is hereby authorized to draw warrants for the payment of vouchers certified by the president of the Board of Penitentiary Commissioners and attested by the secretary thereof. Sec. 2. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved February 9, 1905. Ch. 45.] APPROPRIATION. 101 CHAPTER 45, APPBOPKIATION. STATE PENITENTIARY. (S. B. No. 139, by Senator Lewis.) AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT, MAINTE- NANCE AND IMPROVEMENT OF THE STATE PENITEN- TIARY FOR THE TWO YEARS ENDING NOVEMBER 30, 1906. Be it Enacted l>y the General Assembly of the State of Colorado: Section 1. That there be, and hereby is, appropri- Appropriation, ated out of any moneys in the State Treasury not other- wise appropriated, to the State Penitentiary, for the years 1905 and 1906, commencing December 1, 1904, and ending November 30, 1906, for the support and mainte- support and nance of said State Penitentiary, the sum of one hundred maintenance, and sixty thousand dollars ($160,000.00); for the con- struction of a new cell house, other buildings, improve- ments and repairs, thirty thousand dollars (?30,000.00) ; improvements together with the earnings of said State Penitentiary and repairs, during the said period; or so much thereof as shall be necessary to pay for the support, maintenance and im- provements above set forth and specified, for the said period ending November 30, 1906. Sec. 2. The said appropriation shall be used ex- clusively for the purposes aforesaid, and the Warden of the Penitentiary is hereby required to open and keep harden keep an account with each item of the appropriation, and the account. Auditor of State is hereby authorized to draw warrants for the payment of the same upon vouchers certified Auditor draw by the president of the Board of Penitentiary Commis- warrants, sioners and attested by the secretary thereof. Nothing in this- act shall be construed to authorize any expendi- tures or the contracting of any indebtedness in excess 102 APPROPRIATION. [Ch. 46. No excess In- of the amount of the appropriation and income herein debtedness. provided fOF. Emergency. ®^C- ^- ^^ ^^^ Opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. CHAPTER 46. APPBOPBIATION. STATE REFORMATORY. (H. B. No. 16. by Mr. Cook.) AN ACT TO PROVIDE FOR THE PAYMENT OF A PART OF THE EX^ PENSE, OF MAINTENANCE, SUPPORT AND INCIDENTAL EXPENSES OF THE STATE REFORMATORY FOR THE YEARS OF 1905 AND 1906. Be it Enacted hy the General Assembly of the State of Colorado: Appropriation. Section 1. That there is hereby appropriated out of any moneys in the State Treasury not otherwise appro- priated, as part payment of the expenses of the State Re- Expenses state formatory for maintenance, support and incidental ex- Reformatory. penses, including the salaries of officers and employes for the years 1905 and 1906, commencing December 1, 1904 and ending November 30, 1906, the sum of twelve thou- sand (112,000) dollars to be used exclusively for the pur- pose aforesaid, and the Auditor is hereby authorized to Auditor draw draw Warrants for the payment of vouchers certified by warrants. ^j^^ president of the Board of Penitentiary Commission- ers, and attested by the secretary thereof. Emergency. Sec. 2. In the Opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after is passage. Approved February 9, 1905. Ch. 47.] APPROPRIATION. 103 CHAPTER 47. APPBOPBIATION. STATE REFORMATORY. (S. B. No. 313, by Senator Balllnger.) AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF COM- PLETING NECESSARY BUILDINGS AT THE STATE REFORMATORY. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That for the purpose of completing the completion of cell house, and other necessary buildings, to be used as buildings, chapel, dining hall, kitchen and bakery, with the neces- sary furnishings and fittings, in accordance with the orig- inal plans and specifications, there is hereby appropri- Appropriation, ated out of any fund in the State Treasury, not otherwise appropriated, the sum of twenty thousand dollars (f20,- 000.00): Sec. 2. The Auditor of State is hereby authorized to Auditor draw draw warrants for the payment of the same upon vouchers warrants. drawn and certified by the duly appointed officers author- ized to sign said vouchers. Sec. 3. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall be in 'force from and after its passage. Approved April 6, 1905. 1 104 APPROPRIATION. [Ch. 48. CHAPTER 48. APPBOPBIATION. STATE REFORMATORY. (H. B. No. 240, by Mr. Cook.) AN ACT TO PROVIDE FOR THE PAYMENT OF THE EXPENSE OF MAIN- TENANCE, SUPPORT AND INCIDENTAL EXPENSES OF THE COLORADO STATE REFORMATORY FOR THE YEARS 1905 AND 1906. Be it Enacted by the General Assembly of the State of Colorado: Appropriation. Section 1. That there is hereby appropriated out of any moneys in the State Treasury not otherwise appro- Maintenance priated, as payment of the expenses of the State Re- and support. formatory for maintenance, support and incidental ex- penses including the salaries of officers and employes for the years 1905 and 1906, commencing December 1, 1904 and ending November 30, 1906, the sum of seventy-three thousand dollars (|73,000) and all earnings, to be used Auditor draw exclusively foF the purposes aforesaid, and the Auditor warrants. is hereby authorized to draw warrants for the payment Upon certified ^^ vouchers certified by the president of the Board of vouchers. Penitentiary Commissioners, and attested by the sec- retary thereof. Emergency. Sec. 2. In the Opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. Ch. 49.] APPROPRIATION. 105 CHAPTER 49. APPBOPBIATION. STATE SCHOOL FOR DEAF AND BLIND. (H. B. No. 43, by Mr. Stephen.) AN ACT APPROPRIATING THE SUM OF FORTY THOUSAND DOLLm^S FOR THE USE OF THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation, moneys in the State Treasury, not otherwise appropri- ated, the sum of forty thousand dollars ($40,000.00), for the use of the Colorado School for the Deaf and the Blind, for the erection and furnishing of an administration building containing a library, additional dormitory room, etc., for a gymnasium building and equipment, for fin- improvements ishing the basement and attic of the school building, in- ^"^ repairs, eluding toilet rooms, lavatories, etc., for the erection of a barn, storage shed, bakery and additional dining room space, for a cold storage plant, for a pipe organ, for grad- ing and fencing the grounds and for such other purposes as the board of trustees may deem necessary for the betterment of the school. Sec. 2. All moneys appropriated by this act shall be ^^nd under con- expended under the direction and control of the Board of *^°^ ^^ ^°°^''^' Trustees of the Colorado School for the Deaf and the Blind, and the Auditor is hereby instructed, upon presentation of the order of the said board of trustees, signed by the Auditor draw president thereof and countersigned by the secretary, to warrants. draw warrants in favor of the said school in the sum of forty thousand dollars ($40,000). Sec. 3.- In the opinion of the General Assembly, an Emergency. emergency exists, therefore this act shall be in force and take effect from and after its passage. Approved April 6, 1905. 106 APPROPRIATION. [Ch. 50. CHAPTER 50. APPBOPKIATION. STATE SOLDIERS' AND SAILORS' HOME. (H. B. No. 8, by Mr. Breckenridge.) Appropriation. Expense and maintenance. E3mergency. AN ACT TO PROVIDE FOR THE PAYMENT OF A PART OF THE EX- PENSE OF MAINTENANCE OF THE SOLDIERS AND SAIL- ORS' HOME, AND MAKING AN APPROPRIATION THEREFOR. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any money in the State Treasury not otherwise appropriated, the sum of twelve thousand dollars ($12,000.00) for the payment of a part of the expense of maintenance of the Soldiers and Sailors' Home for the months of December, 1904 and January, February and March, 1905. Sec. 2. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved February 9, 1905. Ch. 51.] APPROPRIATION. lOl CHAPTER 51. APPBOPBIATION. STATE SOLDIERS' AND SAILORS' HOME. (H. B. No. 161, by Mr. Breckenrldge.) AN ACT TO MAKE AN APPROPRIATION FOR THE SUPPORT AND MAIN- TENANCE, REPAIRS AND IMPROVEMENT OF THE SOL- DIERS' AND SAILORS' HOME, AND TO PAY THE SALARIES OF THE OFFICERS AND EMPLOYES THEREOF. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any A^ppropriation. moneys in the treasury not otherwise appropriated of [for] the years 1905 and 1906, for the maintenance and Maintenance tor the payment of salaries of the officers of the Soldiers* and salaries, and Sailors' Home, for the year 1905, thirty thousand dollars, and for the year 1906, thirty thousand dollars, less the amount already appropriated for the months of Less part appro- December 1904 and January, February and March, 1905, priation. covered in House Bill No. 8, f 12,000.00. Sec. 2. For the repair of the present buildings and improvements the construction of such other buildings as may be deemed ^"^ repairs, necessary, there is hereby appropriated the sum of Appropriation, twenty thousand dollars. Sec. 3. In the opinion of the General Assembly, an Emergency, emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 6, 1905. 108 APPROPRIATION. [Ch. 52. CHAPTER 52. APPBOPBIATION. TRAVELING LIBRARIES. (S. B. No. 117, by Senator De Lons.) AN ACT MAKING AN APPROPRIATION FOR THE SUPPORT AND MAIN- TENANCE OF THE SYSTEM OF FREE TRAVELING LIBRA- RIES OF THE STATE OF COLORADO. Support and maintenance. Auditor draw warrants. Vouchers. Emergrency. Be it Enacted by the General Assembly of the State of Colorado: Section 1. For the general support and maintenance of the system of free traveling libraries of the State of Colorado, there is hereby appropriated from the treasury of the State of Colorado, from funds not otherwise ap- propriated, for a period of two years, the sum of three thousand dollars, one thousand and five hundred dollars of which shall be paid during the year 1905, and one thou- sand and five hundred dollars during the year 1906. Sec. 2. The Auditor of State is hereby authorized and directed to draw warrants on the treasury of the State, to the extent of the amount hereby appropriated and for the years for which the apropriation is made, upon vouchers or warrants properly certified by the chairman of the Colorado Traveling Library Commission. Sec. 3. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. Ch. 53.] APPROPRIATION, 109 CHAPTER 53. APPBOPBIATIOK UNIVERSITY OF COLORADO— SURPLUS FUND. (S. B. No. 70, by Senator HIU.) AN ACT TO MAKE APPROPRIATIONS OF THE SURPLUS FUNDS FROM THE REVENUES OF THE STATE FOR THE YEARS 1905 AND 1906. Be it Enacted oy the General Assembly of the State of Colorado: Section 1. That the Treasurer of State and Auditor Treasurer and of State are hereby empowered and instructed to trans- Auditor transfer fer to the surplus fund of the State, created under the *^^^^^,V''^^''^ provisions of an act, entitled "An act to create a sur- plus fund and to make appropriations therefrom," ap- proved April 8, 1903, all surplus or excess revenues for the biennial periods for the years 1905 and 1906, and Excess reve- from each and all funds derived from any fees, penalties nues. or taxes collected and paid to the State Treasurer, after the payment of the appropriations for such biennial when, period. Sec. 2. There is hereby appropriated out of the sur- Appropriation plus fund of the State of Colorado the sum of three from fund. hundred thousand dollars, or so much thereof as may be necessary, to be paid out for and under the provisions of an act entitled "An act to create a surplus fund and to make appropriations therefrom," approved April 8, 1903, and in payment of all outstanding certificates of indebt- certificates of edness, issued pursuant to an order made by the Gov- indebtedness, ernor of Colorado on the 14th day of December, A. D. 1904, for the maintenance and support of the University of Colorado, and interest on all such evidence of indebt- interest, edness, from the date of the issue thereof, at six (6j0 per cent per annum until paid; also in payment of all other casual deficiency warrants now outstanding. 110 APPROPRIATION. [Ch. 54. Bmergrency. gec. 3. In the Opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. CHAPTER 54. AFPBOPBIATION. WAGON ROAD— ALICE— DUMONT. (S. B. No. 156, by Senator Alexander.) AN ACT TO PROVIDE FOR THE CONSTRUCTION, IMPROVEMENT AND REPAIR OF A WAGON ROAD FROM A POINT AT OR NEAR THE TOWN OF ALICE, CLEAR CREEK COUNTY, COLO- RADO, TO THE TOWN OF DUMONT, IN SAID COUNTY, AND MAKING AN APPROPRIATION THEREFOR. Appropriation. Wagon road. Route. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any moneys in the State Treasury belonging to the Internal Improvement, Permanent Income Funds, and out of any moneys which may hereafter be credited to said funds, or either of them, and not otherwise ap- propriated, the sum of two thousand five hundred dol- lars ($2,500.00), or as much thereof as may be necessary, to provide, construct and repair a public wagon road from the Town of Alice, in the County of Clear Creek, in the State of Colorado, to the Town of Dumont, in the said county and State, and upon the following described route, to wit: Commencing at a point at or near the said Town of Alice, and running in a southerly direction along the most feasible and practicable route to the Town of Du- mont. Ch. 54.] APPROPRIATION. Ill Sec. 2. The State Engineer and the Board of Board of County Commissioners of Clear Creek County shall con-°°^**"*^"^" stitute a board for the purpose of providing, construct- ^^'^^^^^^ °'* ing and repairing said wagon road, and they shall im- Duties, mediately, or as soon as practicable after the passage of this act, go over the proposed route of said road, as- certain what repairs are necessary in the old road which Repairs and now exists upon part of said route, locate and determine ^^*^^®*'- such portions of the new road as may be necessary, deter- mine where bridges shall be located and do everything necessary and needful to establish said road in a good and serviceable condition, and then shall advertise for AdverUse for bids for doing said work, and let the same by contract to wds. the lowest responsible bidder, if deemed advisable, and Let contract, said work shall thereupon be carried on under the super- vision and control of the said board, and after said work Examination of or contract has been completed, the said road is then to ^^^^ ^^^^^ be examined by the said Engineer and the said Board of °^°^^ ® County Commissioners, and upon their certificate that the said contract has been completed, and its terms com- plied with, the amount of money appropriated under this act, or so much thereof as is necessary, shall be paid over to the contractor. Sec. 3. The State Auditor is hereby authorized to Auditor draw draw a warrant or warrants for the amounts specified in warrants, section 1 of this act, or so much thereof as may be neces- sary, from time to time, upon the certificates of the State upon Engineer and Chairman of the Board of County Com- ««'*t"*<58^t«s- missioners of Clear Creek County, as herein provided. Sec. 4. In the opinion of the General Assembly an Emergency, emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 112 APPROPRIATION. [Ch. 55. CHAPTER 55. APPBOPKIATION. WAGON ROAD— BENT COUNTY. (H. B. No. 132, by Mr. Dulln.) AN ACT FOR THE IMPROVEMENT OF PUBLIC ROAD IN SECTION THREE OF TOWNSHIP TWENTY-THREE SOUTH, RANGE FIFTY- THREE WEST, AND SECTION THIRTY-FOUR OF TOWN- SHIP TWENTY-TWO SOUTH OF RANGE FIFTY-THREE WEST, IN BENT COUNTY. Appropriation. Fund. Route. Personnel of board. Determine Im- provements. Board prepare specifications. Let contract. Take bond for performance. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any money in the Internal Improvement or Income Fund, or any money which may come into said fund or funds, the sum of three thousand dollars (|3,000), for the pur- pose of grading, piking and otherwise improving the county road extending from Las Animas in Bent County, north to near the south line of township twenty- two in range fifty-three west of the Sixth Principal Me- ridian, thence running east and west in section three of township twenty-three south and section thirty-four of township twenty-two south of range fifty-three west of the Sixth Principal Meridian. Sec. 2. The State Engineer and the Board of County Commissioners of Bent County are hereby constituted a board for carrying out the purposes of this act and are empowered to determine the character and manner of making said improvements. Sec. 3. When the said commission shall have deter- mined the character of said improvements, they shall prepare specifications thereof and shall let the contract to the lowest responsible bidder, taking such bond for the faithful performance of the contract as they shall deem safe. Ch. 56.] APPROPRIATION. 113 Sec. 4. The said road, when so improved, shall be Public hiarhway. and continue to be a highway, and shall be for the use of all persons. Sec. 5. When the said improvements shall have Bin approved been completed according to contract, upon bill presented, ^^ commission, duly approved by the said commission, the Auditor of the Auditor draw State of Colorado shall draw his warrant for the amount warrant, herein appropriated in payment therefor. Sec. 6. In the opinion of the General Assembly an Emergency, emergency exists, therefore this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 56. APPBOPBIATION. WAGON ROAD— BOULDER— GRAND COUNTIES. (H. B. No. 168, by Mr. Healey.) AN ACT TO PROVIDE FOR THE CONSTRUCTION, IMPROVEMENT AND REPAIR OF A STATE ROAD FROM A POINT IN THE COUNTY OF BOULDER, OVER WHAT IS COMMONLY KNOWN AS ARAPAHOE PASS, AND THENCE DOWN INTO THE COUNTY OF GRAND, CONNECTING WITH THE COUNTY ROAD IN GRAND COUNTY, LEADING FROM HOT SULPHUR SPRINGS TO GRAND LAKE. Beit Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation, moneys in the State Treasury belonging to the Internal Improvement, Permanent or Income Fund, and out of Fund, any moneys which may hereafter be credited to said fund, or either of them, and not otherwise appropriated, the sum of five thousand dollars (|5,000), or so much thereof as shall be necessary to construct, improve and 114 APPBOPRIATION. [Ch. 56. Route. Personnel of board. Determine route. Survey. Advertise for bids. Contract. Bond for performance. Board exercises discretion. Repairs. All or part completed. Auditor draw warrant for amount due. keep in repair a public wagon road from the Town of El- dora, Colorado, and running thence westerly eight (8) miles to what is known as Arapahoe Pass, and thence from Arapahoe Pass in a westerly direction down into Grand County, a distance of twelve (12) miles. Sec. 2. The State Engineer and the Chairmen of the Board of County Commissioners of Boulder and Grand Counties shall constitute the board for the pur- pose of providing for and constructing said road, and said board immediately, or as soon as practicable, after the passage of this act, shall go over said route, com- mencing at the Town of Eldora, and shall determine the most practicable route that said road shall follow in going from said Town of Eldora in Boulder County, and over said Arapahoe Pass unto said point in said Grand County, and after determining the most practicable place for said road shall be located along said route, shall have survey or surveys made and shall advertise for bids for the construction of said road, and when said bids are so made, shall let the contract for the build- ing of said road to the lowest responsible bidder for the same, requiring of any such bidder a bond in suf- ficient amount, as shall be determined by said board for the proper construction of said road according to the contract let. Sec. 3. Said board shall be at liberty, if they so desire, to take the road from Eldora to what is known as the "Fourth of July" mine, at the foot of Arapahoe Creek and to place the said road in good repair and adopt said road as a part of the road herein provided for. Sec. 4. When said road is constructed, that part of such road lying within the County of Boulder shall be kept in repair by said Boulder County, and that part lying within the County of Grand shall be kept in repair by said Grand County. Sec. 5. The said board herein provided for is hereby authorized upon being notified that said road, or any part contracted for, is completed, to then certify to the Aud- itor of State the amount expended under such contract, and the Auditor of State is hereby authorized to draw warrants for so much of the amount appropriated by section 1 of this act as may be necessary for the purpose Ch. 57.] APPROPRIATION. 115 of paying the amount due upon said contract for said road. Sec. 6. In case there be no money in said fund or Deficiency of funds to meet the said appropriation, or any part thereof, ^"i*<i- at the time of payment for said work or any part thereof, the State Treasurer is hereby authorized and directed state Treasurer to pay the warrants drawn by the Auditor of State for p^y with state the amount herein appropriated, with valid State war- ^*'^^*'**^* rants invested in said fund or funds, and said warrants so invested shall be received by any and all contractors of said work at par, with accrued interest thereon in full payment of the contract price of said work, or any portion thereof, for the payment of which there may be no money in said fund or funds. Sec. 7. In the event of any balance remaining to unexpended the credit of said appropriation, such balance shall be^^i*'*^®- recovered back into the fund from which it was taken. Sec. 8. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 57. APPROPKIATION. WAGON ROAD— COLORADO SPRINGS-CAMERON. (H. B. No. 249, by Mr. Frewen.) AN ACT TO PROVIDE FOR THE REPAIR AND GENERAL IMPROVEMENT OF THE PRESENT WAGON ROAD FROM COLORADO SPRINGS TO CAMERON VIA CHEYENNE CANON IN COUNTIES OF EL PASO AND TELLER, STATE OF COLO- RADO, AND TO APPROPRIATE MONEY TO PAY FOR THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation. money in the State Treasury belonging to the Internal 116 APPEOPHIATION. [Oh. 57. Repairs and Improvementa. Board composed of. Desigmatlon. Officers. Route decided upon. Survey. Advertise for bids. Award of contract. Bond of contractor. Monthly estimates by State Engineer. Public highway. Improvement Permanent Fund or the Internal Improve- ment Income Fund, or either of them, or any money that may hereafter come into said funds, or either of them, the sum of three thousand five hundred dollars ($3,500) , or so much thereof as may be necessary^ to repair and make general improvements on the present wagon road from Colorado Springs to Cameron via Cheyenne Canon. Sec. 2. The State Engineer, the Chairman of the Board of County Commissioners of El Paso County, and the Chairman of the Board of County Commissioners of Teller County shall constitute a board for the viewing, repairing and improvement of said road in conformity with this act. Said board shall be designated as a board of construction, and of the same, the Chairman of the Board of County Commissioners of Teller County shall be chairman and the State Engineer shall be secretary. Sec. 3. It shall be the duty of the board as soon as practicable after this act takes effect, to cause the route of said proposed road to be decided upon by them, after which the county surveyor of Teller County, work- ing under the directions and instructions of the State Engineer, shall survey the same and report everything connected with the said survey, to the State Engineer, who shall at once prepare specifications and advertise for bids for the said repairs and improvements in one weekly paper published in El Paso County, and one weekly paper published in Teller County, which publica- tions shall run for four consecutive weeks. The board shall award the contract to the lowest bidder who shall give a good and suflBcient bond equal to the amount of the contract, for the faithful performance thereof. Sec. 4. During the progress of said work the State Engineer shall cause to be made, monthly estimates of the amount of work done during the month just past, and draw a voucher for eighty per cent. (80^), of the said estmate in favor of the said contractor. Sec. 5. Said road when completed shall be a public highway and free to all vehicles and persons, and shall be kept in repair by the counties through which it may Sec. 6. Upon the completion of said repair work in accordance with the specifications and with the terms of the contract and its acceptance by the board, the said Ch. 57.] APPROPRIATION. 117 State Engineer shall draw and approve a voucher in favor state Engineer of the said contractor for whatever amount may be due ^^^^ voucher. under the terms of the contract at that time, and the Auditor of State is hereby authorized to draw warrants Auditor draw for the amount specified in the various vouchers so drawn warrants. l>y the said State Engineer from time to time. Neces- sary expenses for viewing, surveying and superintending said work are to be deducted and paid from said appro- priation. Sec. 7. In case the board shall find, after the receipt of the bids for the construction of the said repair and improvements on said road, that the amount then remain- Deficiency of ing to the credit of the sum hereby appropriated is insuf- '^'*^- ficient to pay for the construction of the said work accord- construction ing to the specifications adopted, then the same shall ^^^ abandoned- not be abandoned, but it shall be left for the said board p^^^*®^- to endeavor to contract for the construction of such amount of the said work as the said appropriation will cover under the specifications adopted by the said board. Sec. 8. In the opinion of the General Assembly, an Emergency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 118 APPROPRIATION. [Oh. 58. CHAPTER 58. APPBOPBIATIOH. WAGON ROAD— DENVER-GRAND JUNCTION. (H. B. No. 2, by Mr. Baer.) AN ACT TO MAKE AN APPROPRIATION FOR THE FURTHER CONSTRUC- TION, IMPROVEMENT AND REPAIR OF THE STATE WAGON ROAD FROM THE CITY OF DENVER TO THE CITY OF GRAND JUNCTION, WHICH ROAD WAS ESTABLISHED BY AN ACT ENTITLED "AN ACT TO CONSTRUCT, IMPROVE AND REPAIR A STATE WAGON ROAD FROM THE CITY OF DENVER, ARAPAHOE COUNTY, COLORADO, TO THE CITY- OF GRAND JUNCTION, MESA COUNTY, COLORADO, WITH CERTAIN BRANCH ROADS THEREFROM," APPROVED MAY 3, 1899. Appropriation. Fund. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any moneys in the State Treasury belonging to the Internal Improvement Permanent or Income Fund, and out of any money which may hereafter be credited to said funds, or either of them, and not otherwise appropriated, the sum of six thousand dollars (f6,000), or so much thereof as may be necessary, for the purpose of further constructing, improving and ref)airing the State wagon road from the City of Denver, Colorado, to the City of Grand Junction, Mesa County, Colorado, as described and established by an act entitled "An act to construct, improve and repair a State wagon road from the city of Denver, Arapahoe County, Colorado, with certain branch roads therefrom, and making an appropriation therefor," approved May 3, 1899, said amount to be expended in the construction, im- Third branch— provcmcut and repair of the third branch of said road, as route. described and established by said act, to- wit: — starting from the town of Rifle, Garfield County, thence northerly Improvement and repair. Ch. 58.] APPROPRIATION. 119 along the main traveled stage road through Garfield, Rio Blanco and Routt Counties, via Meeker, to the Bear River in said Routt County. Sec. 2. In case there be no money in the said funds, Deficiency of or either of them, to meet the said appropriation, or any '""^• part thereof, at the time of payment for said work or any part thereof, the State Treasurer is hereby authorized and directed to pay the warrants drawn by the Auditor state Treasurer of State, for the amount herein appropriated, with valid ^^^ warrants. State warrants invested in said fund or funds, and said warrants so invested shall be received by any and all con- tractors of said work at par, with accrued interest there- Received at on, in full payment of the contract price of said work or p^*"- any portion thereof, for the payment of which there may be no money in the said fund or funds. Sec. 3. All work upon said' road shall be done under Board supervise the supervision of the board of construction, as provided work. for in said act, and in the same manner and under the same authority as the original construction of said road ; and upon the completion of the construction, improve- ment or repair of any portion of said road lying within any county or any portion of any county authorized here- by, according to contract, and the same being certified to the said board of construction in said county, the Auditor Auditor draw of State is hereby authorized to draw warrants for so warrants, much of the amount appropriated by section 1 of this act as may be necessary for the purpose of paying the amount due upon such contract for said work within said county ; this appropriation being in further recognition of said act and for the purpose of permanently establishing said Public highway. road and the further constructing, improving and repair- ing and maintaining the said road as a permanent public highway across the State of Colorado. Sec. 4. In the opinion of the General Assembly an Emergency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 120 APPROPRIATION. fCh. 59. CHAPTER 59. APPROPKIATIOH. WAGON ROAD— DENVER— GRAND JUNCTION. (S. B. No. 168, by Senator Taylor.) Appropriation. Fund. Improvements. AN ACT TO MAKE AN APPROPRIATION FOR THE FURTHER CONSTRUC- TION, WIDENING AND IMPROVEMENT OF THE STATE WAGON ROAD FROM THE CITY OF DENVER TO THE CITY OF GRAND JUNCTION, WHICH ROAD WAS ESTAB- LISHED BY AN ACT ENTITLED "AN ACT TO CONSTRUCT, IMPROVE AND REPAIR A STATE WAGON ROAD FROM THE CITY OF DENVER, ARAPAHOE COUNTY, COLORADO, TO THE CITY OF GRAND JUNCTION, MESA COUNTY, COLO- RADO, WITH CERTAIN BRANCH ROADS THEREFROM," APPROVED MAY 3, 1899. Be it Enacfed hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any moneys in the State Treasury belonging to the Internal Improvement Permanent or Income Fund, and out of any money which may hereafter be credited to said funds or either of them, and not otherwise appropriated, the sum of five thousand dollars ($5,000), or so much thereof as may be necessary, for the purpose of further constructing, widening and improving the State wagon road from the City of Denver, Denver County, Colorado, to the city of Grand Junction, Mesa County, Colorado, said appropria- tion to be expended upon that portion of the route as described and established by an act entitled "An act to construct, improve and repair a State wagon road from the City of Denver, Arapahoe County, Colorado, to the City of Grand Junction, Mesa County, Colorado, with certain branch roads therefrom, and making an appropri- ation therefor," approved May 3, 1899, between Tennessee Pass, in Eagle County, and the Town of Debeque, in Mesa Ch. 59.] APPROPRIATION. 121 County the same appropriation shall be, as far as practi- cable, expended in the same manner as is provided for in and by the said act. Sec. 2. In case there be no money in the said funds, Deficiency of or either of them, to meet the said appropriation, or any '"^^• part thereof, at the time of payment for said work or any part thereof, the State Treasurer is hereby authorized state Treasurer and directed to pay the warrants drawn by the Auditor P^y warrants of State, for the amount herein appropriated, with valid ^^^^^^^^^ State warrants invested in said fund or funds, and said w^arrants so invested shall be received by any and all con- tractors of said work at par, with accrued interest there- on, in full payment of the contract price of said work or any portion thereof, for the payment of which there may be no money in the said fund or funds. Sec. 3. All work upon said road shall be done under supervision by the supervision of the board of construction, as provided ^^rd of for in said act, and in the same manner and under the^®'*®*^"^**^"* same authority as the original construction of said road ; and upon the completion of the construction, widening or improvement of any portion of said road lying within any county or any portion of any county authorized hereby, according to contract, and the same being certified to the said board of construction in said county, the Auditor of Auditor draw State is hereby authorized to draw warrants for so much warrants. of the amount appropriated by section 1 of this act as may be necessary for the purpose of paying the amount due upon such contract for said work within said county ; this appropriation being in further recognition of said act and for the purpose of permanently establishing said road and the further constructing, improving and widen- ing and maintaining the said road as a permanent public Public highway. highway across the State of Colorado. Sec. 4. In the opinion of the General Assembly an Emergency, emergency exists; therefore, thig act shall take effect, and be in force from and after its passage. Approved April 7, 1905. 122 APPROPRIATION. [Ch. 60. CHAPTER 60. APPROPKIATION. WAGON ROAD— DOUGLAS COUNTY. (H. B. No. 382, by Mr. Stewart.) AN ACT TO PROVIDE FOR THE REPAIR AND GENERAL IMPROVEMENT OF THE PRESENT WAGON ROAD FROM THE NORTH LINE OF DOUGLAS COUNTY ALONG THE RIO GRANDE RAIL- ROAD TO THE STATION OF SEDALIA, COUNTY OF DOUG- LAS, STATE OF COLORADO, AND TO APPROPRIATE MONEY TO PAY FOR THE SAME. Appropriation. Fund. Repair, Improvements wagon road. Board composed of. Designation of board. Be it Enacted by the General Assembly of the State of Colorado : Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Improvement Permanent Fund, or the Internal Improve- ment Income Fund, or either of them, or any money that may hereafter come into said funds, or either of them, the sum of three thousand dollars (f 3,000), or so much thereof as may be necessary to repair and make general improvements on the present wagon road from the north line of Douglas County, Colorado, to the railroad station of the Denver and Rio Grande railroad, by the name of Sedalia, in the County of Douglas, State of Colorado. Sec. 2. The State Engineer, the County Commis- sioner of the third commissioners' district of Douglas County, and the county surveyor of said Douglas County shall constitute a board for the viewing, repair- ing and improving of said road in conformity with this act. Said board shall be designated as a board of con- struction, and of the same, the county commissioner of the third commissioners' district, Douglas County, shall be the chairman, and the State Engineer shall be the secretary. Ch. 60.] • APPROPRIATION. 123 Sec. 3. It shall be the duty of the said board, as Duty of soon as practicable after this act takes effect to cause board. the route of said proposed road to be decided upon by them, after which the county surveyor of Douglas Coun- ty, working under the directions and instructions of the State Engineer shall survey the same and report every- survey. thing connected with said survey, to the State Engineer, who shall at once prepare specifications and advertise Advertise for for bids for the said repairs and improvements in oneWds. weekly paper, published in the said Douglas County, which publication shall run for four consecutive issues. The board shall award the contract to the lowest bidder, contract. who shall give a good and suflficient bond to the amount Bond. of the contract for the faithful performance thereof. Sec. 4. During the progress of said work, said inspector of board shall designate some proper person of suitable Construction. ability to act as inspector of said construction who shall report to the said State Engineer as often as required, and the State Engineer shall cause to be made, monthly Monthly estimates of the amount of work done during the month estimates. just past and draw a voucher for eighty per cent. (80j0 of the said estimate in favor of the said contractor. Sec. 5. Said road when completed shall be a public Public highway and free to all vehicles and persons, and shall highway. be kept in repair by the counties through which it may pass. Sec. 6. Upon the completion of said repair work in accordance with the specifications and with the terms of the contract and its acceptance by the board, the said state State Engineer shall draw and approve a voucher in Engineer favor of the said contractor for whatever amount may ^^^^ voucher. be due under the terms of the contract at that time, and the Auditor of State is hereby authorized to draw war- Auditor draw rants for the amount specified in the various vouchers warrants. so drawn by the said State Engineer from time to time. Necessary expenses for viewing, surveying and superin- tending said work are to be deducted and paid from said appropriation. Sec. 7. In case the board shall find, after the re- Deficiency of ceipt of the bids for the construction of the said repair ^u^d- and improvements on said road, that the amount then remaining to the credit of the sum hereby appropriated is insufficient to pay for the construction of the said 124 APPROPRIATION. [Ch. 61 Construction not abandoned- proviso. Emergency. work according to the specifications adopted, then the same shall not be abandoned, but it shall be left for the said board to endeavor to contract for the construction of such amount of said work as the said appropriation will, cover under the specifications adopted by the said board. Sec. 8. In the opinion of the General Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 61. APPEOPEIATIOH. WAGON ROAD— EAGLE COUNTY. (H. B. No. by Mr. Gordon.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A PUBLIC WAGON ROAD FROM THE TOWN OF BASALT IN EAGLE COUNTY, COLORADO, ALONG FRYING PAN CREEK TO THE STATION OF REUDI [RUEDI], AND TO APPROPRIATE MONEY TO PAY FOR THE SAME. A.ppropriation. From fund. Route. what Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Improvement Permanent Fund or the Internal Improve- ment Income Fund, or either of them, or any money that may hereafter come into said funds, or either of them, the sum of fifty-five hundred dollars ($5500), or so much thereof as may be necessary, to construct a. wagon road from the Town of Basalt, in Eagle County, Colorado, by the route now staked on the ground by the State Engineer, along or near Frying Pan Creek to the railroad station of Reudi [Ruedi] in Eagle County. Ch. 61] APPROPRIATION. 125 Sec. 2. The State Engineer and the Chairman of the Personnel of Board of County Commissoners of said Eagle County and board, the Mayor of the Town of Basalt shall constitute a board for the construction of said road in conformity with this act. Said board shall be designated as a board of con Board of struction, and of the same the Chairman of the said construction. Board of County Commisisoners shall be chairman and the State Engineer shall be secretary. Sec. 3. It shall be the duty of the State Engineer as state Engineer soon as practicable after this act takes effect to prepare prepare specifi- specifications and advertise for bids for the construction ^**^*^"^ of said road in one weekly paper publisjied in the said Advertise for Eagle County, at least in four consecutive issues, and the ^*^^- board shall award the contract to the lowest bidder, who Award con- shall give a good and sufficient bond equal to the amount *^8^<^*- of the contract for the faithful performance thereof. Sec. 4. During the progress of said work the State Monthly esti- Engineer shall cause to be made monthly estimates of the mates, amount of work done during the month just past, and shall draw a voucher for eighty (80) per cent, of the vouchers, said estimate in favor of the said contractor. Sec. 5. Said road, when completed, shall be a public PubUc highway. highway and free to all vehicles and persons, and shall be kept in repair by the county commissioners of Eagle County. Sec. 6. Upon completion of said road in accordance with the specifications and with the terms of the contract, and its acceptance by the board, the said Engineer shall Acceptance by draw and approve a voucher in favor of the said con- board, tractor for whatever amount may be due under the terms Engineer ap- of the contract at that time, and the Auditor of State is prove voucher. hereby authorrized [authorized] to draw warrants for the amounts specified in the various vouchers so drawn Auditor draw by the State Engineer from time to time. Necessary warrants, expenses for inspection and making monthly estimates Expense of in- are to be deducted and paid from the said appropriation, spection. Sec. 7. In case the board shall find after the re- Appropriation ceipt of the bids' for the construction of said road that the insufficient. amount then remaining to the credit of the sum hereby appropriated is insufficient to pay for the construction of the road according to the plans and specifications adopted, then construction of the same shall not be Construction abnadoned [abandoned]; provided, that the County of»o* abandoned Eagle, or any person or persons, company or corporation -^^^'^^^^' 126 APPROPRIATION. [Oh. 62 Emergency. shall subscribe for and bind themselves in a manner ac- ceptable and satisfactory to the person or persons or company entitled to have their bid accepted, to pay the additional amount required to complete the construction of the road in accordance with the plans and specifications adopted by the State Engineer. Sec. 8. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force after its passage. Approved April 7, 1905. CHAPTER 62. APPBOPBIATION. WAGON ROAD— GRAND COUNTY. (S. B. No. 227, by Senator Jefferson.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A WAGON ROAD FROM A POINT SIX MILES, MORE OR LESS, EAST OF HOT SULPHUR SPRINGS, GRAND COUNTY, COLORADO, BY THE MOST FEASIBLE AND PRACTICABLE ROUTE, ALONG THE COURSE OF WILLOW CREEK, TO THE SUMMIT OF WILLOW CREEK PASS, THE DIVIDING LINE BETWEEN GRAND AND LARIMER COUNTIES, TO INTERSECT A ROAD BUILT BY LARIMER COUNTY FROM WALDEN TO SAID WILLOW CREEK PASS; AND TO APPROPRIATE THE NECESSARY MONEY TO PAY FOR THE SAME. Appropriation. Fund. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated, out of any funds in the State Treasury belonging to the Internal Improvement Fund, Internal Improvement Permanent Fund, and Internal Improvement Income Fund, the sum of five thousand dollars ($5,000.00), or so much thereof as may be necessary, for the construction of a public wagon road between a point on the line of the Denver, Ch. 62] APPROPRIATION. 127 Northwestern and Pacific Railway, known aa Windy wagon road. Gap, being six miles, more or less, east of Hot Sulphur Springs, Grand County, Colorado, by the most feasible and practicable route from or near said Windy Gap, Route, along the course of Willow Creek, in a general northerly direction, to the dividing line between Grand and Lari- mer Counties, at the summit of Willow Creek Pass; said road to be constructed so as to connect with the wagon road built by the board of commissioners of Larimer County from the Town of Walden, in North Park, in a general southerly direction, to the county line between Larimer and Grand Counties, at the summit of Willow Creek Pass. Sec. 2. Within sixty (60) days from the time this survey within act shall become effective, the State Engineer shall cause sixty days. to be surveyed and located said wagon road, according state to the requirements of section 1 hereof, and said State Engrineer Engineer shall prepare the necessary specifications for prepare said construction work. "^^^^ ^^^ ^^^' Sec. 3. The Governor, together with the State Board of Engineer, and the Chairman of the Board of Commis- ^^'^s^^^^^^^'^ sioners of Grand County, Colorado, shall constitute the°^"^^°®®^ ^^' board for the purpose of constructing said road, the State Engineer in having made his survey and location and estimates for said construction, acting under said board's direction. And said Iboard shall have full charge of said Board have work, and it is hereby made their duty, and they are charge of work. hereby directed, to cause said road to be constructed, using such discretion as may to them seem wise and expedient and economical, relating to every detail con- nected with said construction, and varying the general course where it may be necessary in their opinion to carry out the general objects of this act. Sec. 4. It is hereby made the duty of said board of construction as soon after this act takes effect as the State Engineer shall have completed his survey, location and estimates within sixty (60) days as prescribed in section 2 hereof, to advertise for thirty (30) days in not A^dvertise for less than two (2) newspapers, one in Denver and one inWds. Grand County, calling for bids for construction for said wagon road in accordance with the specifications pre- pared by the State Engineer; and thereupon at the end of said thirty (30) davs' advertisement, the said board 128 APPROPRIATION. [Ch. 62 Let contract. Deficiency of fund. Contractor give bond. Monthly payments to contractor. Estimates. Auditor draw warrant. State Engineer draw voucher. Auditor draw warrant. Voucher by State Engineer. shall open the bids presented, and let the contract to the lowest responsible bidder for the construction of said road; Provided that in case the appropriation herein made is not sufficient to construct the entire road as out- lined and estimated bj the State Engineer, then said road shall be constructed to the extent of the appropria- tion made by this act, and in the best possible manner to accomplish the objects fostered by this enactment, according to the best judgment of the board of construc- tion. Sec. 5. The party or parties to whom said contract for constructing said road shall be awarded shall be re- quired by said board to give a good and sufficient bond in double the amount of the contract price, conditioned upon the completion of said work according to contract. Sec. 6. The said board of construction herein named is authorized and empowered to agree that at the end of each month during the construction of said road, a payment of eighty per cent, (80j0 shall be made to the contractors based upon the amount of the contract esti- mated at the end of each month as having been com- pleted upon their contract, said estimates to be made by the State Engineer and approved by the board of con- struction; and the Auditor of State is hereby authorized and directed to draw a warrant for the amount of such advances upon contract at the end of each month, the voucher upon which said warrant is drawn to be certi- fied to by the State Engineer and approved by the Gover- nor, after the board has passed upon the same, showing that the amount allowed in each advance is for such agreed upon proportion, to the extent of eighty per cent. (80jO, according to the contract price of the work as has been completed during the month; and when the said contract shall have been fully completed, and said work finished according to contract, and accepted by the board of construction, the Auditor of State is hereby authorized and directed to draw a warrant for the amount of the balance of said contract price then remaining unpaid, said warrant to be drawn upon a voucher in favor of the contractor, certified to by the State Engineer that the work has been finished according to contract, and ac- cepted by the board, said voucher to be approved by the Governor. Ch. 63] APPROPRIATION. 129 Sec. 7. Said wagon road when constructed, shall puwic hiirhway. be a public highway and free to the use of all persons; and it shall be kept in repair thereafter hj Grand County at its own expense. Sec. 8. In the opinion of the General Assembly an Emerirency. emergency exists; therefore this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 63. APPROPRIATION. WAGON ROAD— GRAND COUNTY. (H. B. No. 295, by Mr. Church.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A WAGON ROAD FROM A POINT SIX MILES, MORE OR LESS EAST OF HOT SULPHUR SPRINGS, GRAND COUNTY, COLORADO, BY THE MOST FEASIBLE AND PRACTICABLE ROUTE, ALONG THE COURSE OF WILLOW CREEK, TO THE SUMMIT OF WILLOW CREEK PASS, THE DIVIDING LINE BETWEEN GRAND AND LARIMER COUNTIES, TO INTERSECT A ROAD BUILT BY LARIMER COUNTY FROM WALDRON TO SAID WILLOW CREEK PASS; AND TO APPROPRIATE THE NECESSARY MONEY TO PAY FOR THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated, out of any Appropriation, funds in the State Treasury belonging to the Internal Improvement Fund, Internal Improvement Permanent Fund, and Internal Improvement Income Fund, the sum Fund, of six thousand five hundred dollars ($6,500), or so much thereof as may be necessary, for the construction of a public wagon road between a point on the line of the Denver, Northwestern and Pacific Railway, known as wagon road. Windy Gap, being six miles, more or less, east of Hot 5 130 APPBOPEIATION. [Ch. 63 Route. Survey within 60 days. State Engrineer prepare specifications. Board of construction composed of. Board havd charge of work. Advertise for bids. Let contract. Sulphur Springs, Grand County, Colorado, by the most feasible and practical route from or near said Windy Gap, along the course of Willow Creek, in a general northerly direction, to the dividing line between Grand and Larimer Counties, at the summit of Willow Creek Pass; said road to be constructed so as to connect with the wagon road built by the Board of Commissioners of Larimer County from the Town of Waldron, in North Park, in a general southerly direction, to the county line between Larimer and Grand Counties, at the sum- mit of Willow Creek Pass. Sec. 2. Within sixty (60) days from the time this act shall become effective, the State Engineer shall cause to be surveyed and located said wagon road, ac- cording to the requirements of section 1 hereof, and said State Engineer shall prepare the necessary specifications for said construction work. Sec. 3. The Governor, together with the State Engineer, and the Chairman of the Board of Commis- sioners of Grand County, Colorado, shall constitute the board for the purpose of constructing said road, the State Engineer in having made his survey and location and estimates for said construction, acting under said board's direction. And said board shall have full charge of said work, and it is hereby made their duty, and they are hereby directed, to cause said road to be constructed, using such discretion as may to them seem wise and ex- pedient and economical, relating to every detail con- nected with said construction, and varying the general course where it may be necessary in their opinion to carry out the general objects of this act. Sec. 4. It is hereby made the duty of said board of construction as soon after this act takes effect as the State Engineer shall have completed his survey, loca- tion and estimates within sixty (60) days as prescribed in section 2 hereof, to advertise for thirty (30) days in not less than two (2) newspapers, one in Denver and one in Grand County, calling for bids for construction for said wagon road in accordance with the specifications? prepared by the State Engineer; and thereupon at the end of said thirty (30) days advertisement, the said board shall open the bids presented, and lei; the contract to the lowest responsible bidder for the construction of said road; Provided that in case the appropriation herein Ch. 63] APPROPRIATION. 131 made is not sufficient to construct the entire road as out Deficiency of lined and estimated by the State Engineer, then said fund. road shall be constructed to the extent of the appro- priation made by this act, and in the best possible man- ner to accomplish the objects fostered by this enactment, according to the best judgment of the board of construc- tion. Sec. 5. The party or parites [parties] to whom said contractor give contract for constructing said road shall be awarded, bond, shall be required by said board to give a good and suffi- cient bond in double the amount of the contract price conditioned upon the completion of said work accord- ing to contract. Sec. 6. The said board of construction herein named is authorized and empowered to agree that at the end of Monthly each month during the construction of said road, a pay- payments to men of eighty per cent. (80^) shall be made to the con- contractor. tractors based upon the amount of the contract esti- mated at the end of each month as having been com- pleted upon their contract, said estimates to be made by the State Engineer and approved by the board of con- ^ ""^^^s- struction; and the Auditor of State is hereby authorized ^^j^it^j. ^^.^^ and directed to draw a warrant for the amount of such warrant. advances upon contract at the end of each month, the voucher upon which said warrant is drawn to be certified g^^^^ to by the State Engineer and approved by the Governor, Engineer after the board has passed upon the same, showing that draw voucher. the amount allowed in each advance is for such agreed upon proportion, to the extent of eighty per cent. (80^), according to the contract price of the work as has been completed during the month; and when the said contract shall have been fully completed, and said work finished according to contract, and accepted by the board of construction, the Auditor of State is hereby Auditor draw authorized and directed to draw a warrant for the warrant, amount of the balance of said contract price then re maining unpaid, said warrant to be drawn upon a voucher in favor of the contractor, certified to by the State Engineer that the work has been finished accord- voucher by ing to contract, and accepted by the board, said voucher state Engineer. to be approved by the Governor. Sec. 7. Said wagon road wben constructed shall be Public a public highway and free to the use of all persons; and highway. 132 APPROPRIATION. [Ch. 64 it shall be kept in repair thereafter by Grand County at its own expense. Emergency. Sec. 8. In the Opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 64. APPBOPBIATION. WAGON ROAD— HINSDALE COUNTY. (S. B. No. 73, by Senator Kennedy.) AN ACT TO COMPLETE THE STATE WAGON ROAD IN HINSDALE COUNTY FROM THE END OF THE UNCOMPLETED STATE ROAD BELOW ROSE'S CABIN, AND FROM THAT POINT TO THE SAN JUAN COUNTY LINE, CONNECTING WITH THE OURAY AND SILVERTON ROADS, AND MAKING AN APPROPRIATION THEREFOR. Appropriation. Wagon road. Route. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That the sum of three thousand five hun- dred dollars ($3,500) be and the same is hereby appro priated out of any moneys in the Internal Improvement Permanent or Income Fund or either of them not other wise appropriated, for the purpose of constructing a wagon road in Hinsdale County upon the following described route, to complete the present State road par- tially constructed to the San Juan County line, as near as practicable, to wit : Commencing at a point at the end of the uncompleted State road, below Rose's cabin, thence running in a west- erly direction along the northern bank of Henson Creek to Rose's cabin, and thence by the most feasible route to connect with the Silverton and Ouray and Lake City wagon roads. Ch. 64] APPROPRIATION. 133 Sec. 2. Said wagon road shall be constructed on Present survey, the present survey from the end of the uncompleted State road to Rose's cabin and from there said wagon road shall be surveyed and the route selected by the State Engineer as near as practicable on the route described in section 1 of this act. Sec. 3. The State Engineer and the Board of County Board of Commissioners of Hinsdale Countv, to be designated as construction the board of construction, of which the Chairman of said "^^''^^''^^^ °'- Board of County Commissioners shall be chairman of said officers, board of construction, and the State Engineer and the aforesaid county commissioners shall elect a secretary. Sec. 4. That the State Auditor be and the same Auditor draw hereby is authorized and directed to draw his warrant warrant, on the State Treasurer for the sum of three thousand five hundred dollars (J3,500), or so much thereof as may be necessary on certificate of the State Engineer that such wagon road has been constructed. Sec. 5. That after said road is constructed as afore- Repairs, said the County of Hinsdale shall be at all expense of maintaining and keeping said road in repair for the use of the public. Sec. 6. In the opinion of the General Assembly an Emergency, emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. 134 APPROPRIATION. [Ch. 65 CHAPTER 65. APPEOPEIATION. WAGON ROAD— LA JUNTA-ROCKY FORD. (H. B. No. 364, by Mr. Steen.) AN ACT TO CONSTRUCT AND IMPROVE A STATE WAGON ROAD FROM THE TOWN OF LA JUNTA TO THE TOWN OF ROCKY FORD, IN OTERO COUNTY, AND MAKING AN APPROPRIA- TION THEREFOR. Appropriation. Fund. Route. Proviso— may- use present county road. In case of no funds. Treasurer pay with State warrants. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of the moneys in the State Treasury belonging to the Internal Improvement Permanent or Income Fund, and out of any moneys which may hereafter be credited to such funds, or either of them, and not otherwise appropriated, the sum of four thousand dollars (f4,000), or so much thereof as may be necessary for the purpose of construct- ing and improving a State wagon road from the Town of La Junta, in the County of Otero and State of Colo rado, running thence northwesterly, parallel to the At- chison, Topeka and Santa Fe line of railroad to the Town of Rocky Ford in said County and State; Provided, That this act shall be construed to contemplate and per- mit the use of this appropriation in and for the improve- ment of the present county road between La Junta and Rocky Ford by grading the same and placing thereon a permanent roadbed of shale, gravel or macadam. Sec. 2. In case there be no money in said fund or funds to meet the said appropriation or any part there- of at the time of payment for said work, or any part thereof, the State Treasurer is hereby authorized and directed to pay the warrants drawn by the Auditor of State for the amount herein appropriated with valid State warrants invested in said fund or funds, and the Ch. 65] APPROPRIATION. 135 said warrants so invested shall be received by any and warrants all contractors of said work, at par, with accrued inter- received by est thereon, in full payment of the contract price of ^o"*^*^*^^ ^^ said work or any portion thereof, for the payment of ^^''' which there may be no money in said fund or funds. Sec. 3. The State Engineer and the Board of Board of County Commissioners of Otero County are hereby con- construction. stituted and designated as a board of construction for said road, and of said board the State Engineer shall be officers of chairman and the Chairman of the board of County Com- board, missioners of Otero County shall be secretary. Sec. 4. It shall be the duty of the said board of Board view construction, as soon as may be practicable after this route, act takes effect, to view the route of the said road and to make estimates of the necessary work to be done Board make along and throughout the route traversed thereby, after estimates, which the said board shall advertise for bids for the Advertise for completion of said work, such advertisement to be in-wds. serted for twenty (20) days in a newspaper published in Otero County, for bids upon the work to be performed upon said road, and the said board shall let the contract Board let for the work to be done on said road to the lowest re- contract. sponsible bidder, requiring from the contractor a good and suflScient bond, conditioned for the completion of Bond from said work according to contract. contractor. Sec. 5. Upon completion of the construction or im- provement of any portion of said road according to con- Auditor draw tract, and the same being certified to by the said board warrants. of construction, the Auditor of State is hereby author- ized to draw warrants for so much of the amount appro- priated by section 1 of this act as may be necessary for the purpose of paying the amount due upon any such contract. Sec. 6. When completed said road shall be and re- Public main a public highway and free to the use of all per- ^^^^^^^y- sons, and it shall be the duty of the said Otero County to keep said road in repair at its own expense. Repair. Sec. 7. In the event of a balance remaining to the unexpended credit of said appropriation, such balance shall be re- balance. covered back into the fund from which it is taken. 136 APPROPRIATION. [ChJ Emergency. Sec. 8. In the Opinion of the General Assemhly, an emergency exists; therefore, this act shall be in force and take elBFeet from and. after its passage. Approved April 7, 1905. CHAPTER 66. AFPBOPBIATIOK. WAGON ROAD— LA PLATA COUNTY. (S. B. No. 31, by Senator Harris.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A STATE WAGON ROAD FROM NEAR THE CITY OF DURANGO, IN LA PLATA COUNTY, COLORADO, TO THE JUNCTION OF FLAGLERS FORK AND JUNCTION CREEK, IN SAID COUNTY, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Appropriation. Fund. Be it Enacted hy the General Assemhly of the State of Colorado: Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Improvement Permanent Fund, or the Internal Improve- ment Income Fund, or either of them, or any money that may hereafter come into said funds, or either of them, the sum of six thousand dollars, or so much thereof as may be necessary, to construct a wagon road from the termi nus of the Junction Creek road near the City of Durango, in La Plata County, Colorado, by the most feasible route, along or near Junction Creek, to the Junction of Flaglers Fork and Junction Creek in said La Plata County. Sec. 2. The State Engineer and the Board of County Commissioners of said La Plata County shall constitute a board for the location and construction of said road in conformity with this act. Said board shall be desig- Name and offi- Hated as the board of construction, and of the same, cers of board, the Chairman of the Board of County Commissioners Route. Personnel of board. i Ch. 66] ATTROPRIATION. 137 shall be the chairman and the State Engineer shall be the secretary. Sec. 3. It shall be the duty of the board, as soon Board locate as practicable after this act takes effect, to cause the route, route of said proposed road to be viewed and the loca- tion thereof to be made. After such survey and loca- tion and the completion of specifications, the board of construction shall advertise for bids for the construction Advertise for of said road in one weekly newspaper published in the bids, said County of La Plat^, at least thirty days prior to the letting of contracts, and shall award the contract to the Award contract, lowest bidder, who shall give a good and sufficient bond for the faithful performance thereof. Sec. 4. Said road when completed shall be a public Public higrhway. highgway and free to all vehicles and persons, and shall be kept in repair by the said County of La Plata. Sec. 5. Upon the completion of said road in accord- Board certify ance with the contract and its acceptance by the board acceptance, of construction, the said board shall certify such accept- ance to the Auditor of State, who is authorized there- Auditor draw upon to draw a warrant or warrants for the amount warrants, specified in section one of this act, or so much thereof as may be necessary in payment for the construction of said road as per contracts, and for the necessary ex- penses for viewing, surveying and locating the same. Sec. 6. In case there be no money in said fund or funds to meet the said appropriation or any part thereof, no funds- the State Treasurer is hereby authorized and directed Treasurer pay to pay the warrants drawn by thp Auditor of State for ^^^^^ ^*^*® ^^^" the amount herein appropriated, with valid State war-'^^"*^ rants invested in said funds, and said warrants so in- vested shall be received by any and all contractors at par with accrued interest, in full payment of the con- tract price of said work, or any part thereof, for the payment of which there may be no money in said fund or funds. Sec. 7. In case the board shall find after the receipt proviso-in- of the bids for the construction of said road that the sufficiency of amount then remaining to the credit of the sum hereby appropriation. appropriated is insufficient to pay for the construction of the road according to the plans and specifications construction adopted, the construction of the same shall not be aban- ^^^ abandoned- doned; Provided, That the Countv of La Plata, or anv p'"''''*^^ Eiknersency. 138 APPROPRIATION. [Ch. 67 person or persons, company or corporations, shall sub- scribe for and bind themselves in a manner acceptable and satisfactory to the person or persons or company entitled to have their bid accepted, to pay the additional amount required to complete the construction of the road in accordance with the plans and specifications adopted by the board. Bee. 8. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 67. AFPBOPBIATION. WAGON ROAD LARIMER AND BOULDER COUNTIES. (H. B. No. 200, by Mr. Wolaver.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A WAGON ROAD IN LARIMER COUNTY, COLORADO, COMMENCING AT A POINT AT OR NEAR THE "HANDY DAM" IN THE BIG THOMPSON CANON, THENCE FOLLOWING THE COURSE OF THE BIG THOMPSON RIVER THROUGH THE CANON TO AND INTO ESTES PARK, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Appropriation. Scction 1. That there is hereby appropriated out of any money in the State Treasury belonging to the In- ternal Improvement, Permanent Fund, or the Internal Improvement Income Fund, or both, the sum of ten thou- sand (?10,000.00) dollars, or so much thereof as may be Wagon road neccssary for the purpose of constructing a wagon road route. over the most practicable route, from a point commencing at or near the "Handy Dam" in the Big Thompson Canon, in Larimer County, thence following the course Ch. 67] APPROPttiATiox. 139 of the Big Thompson River through said Big Thompson Canon to and into Estes Park in Larimer County, thence continuing through Estes Park in a southwesterly direc- tion running up Fish Creek (so called) past the "Long's Peak House" and continuing on, crossing the county line between Larimer and Boulder Counties near the corners of sections 34 and 35, township 4 N., range 73 W. and sections 2 and 3 in township 3 N. range 73 W. to and intersecting the county road in "Allen's Park" in sec- tion twenty six (26), township three (3) N., range seventy- three (73) W. in Boulder C-ounty, Colorado. Sec. 2. That the Governor of the State, the State Board of Engineer and the Chairman [Chairmen] of the Boards of construction County Commissioners of Larimer and Boulder Counties ^^'"p^^®^ ^^ shall he and are hereby constituted a board, to be desig- nated as the board of construction, of which board the officers. Governor shall be chairman and the State Engineer shall be secretary. Sec. 3. It shall be the duty of the board as soon as survey of may be after this act takes effect to view the route of route, the proposed road, and cause surveys to be made thereof and determine the most feasible line and grade therefor, and shall advertise for bids for the construction thereof Advertise for in accordance therewith, and shall let a contract for the bids, construction of the same to the lowest and best bidder, contract. Provided; that if on making a survey and estimate of the cost of construction of said road it is found that ^^^^ not^fbTndoned- amount herein appropriated is not suflScient to complete proviso. the said road, then no part of said appropriation shall be used, except so much thereof as shall be necessary to make such surveys and estimate, unless the Board [Boards] of County Commissioners of Larimer and Boulder Counties, or other responsible parties shall agree to furnish the amount necessary to complete said road in excess of this appropriation and shall furnish to the commission satisfactory evidence that such money will be forthcoming on demand of such commission for such purpose. Sec. 4. When said work shall have been completed Auditor draw according to contract and accepted by the board, the^^^^*"^- Auditor of State is hereby authorized to draw his war- rant for the amount appropriated by section 1 of this act, or so much thereof as shall be necessary for the purpose of paying the amount due on said contract. 140 APPROPRIATION. [Ch. 68 Public higrhway. Repairs. Unexpended balance. Emergency. Sec. 5. Such road when constructed shall be ana forever remain a public highway and free to the use of all persons. Sec. 6. When completed, it shall be the duty of the County Commissioners of Larimer and Boulder Counties to keep said road in repair at the expense of the counties. Sec. 7. In the event of a balance remaining to the •credit of the appropriation it shall be recovered back into the fund from which it was taken. Sec. 8. Whereas in the opinion of the General As- sembly an emergency exists; therefore, this act shall be in force and take effect from and after its passage. Approved April 7, 1905. CHAPTER 68. AFPBOPBIATION. WAGON ROAD— MESA COUNTY. (S. B. No. 113, by Senator DeLong.) AN ACT TO COMPLETE THE CONSTRUCTION OF A STATE WAGON ROAD FROM A POINT ON THE GRAND RIVER OPPOSITE THE TOWN OF DEBEQUE, IN THE COUNTY OF MESA, TO A POINT ON PLATEAU CREEK ABOUT TWO MILES WEST OF THE TOWN OF COLLBRAN, TO CONNECT WITH THE WAGON ROAD CROSSING SAID LAST NAMED CREEK AT SAID LAST NAMED POINT, AND TO APPROPRIATE MONEY THEREFOR. Be it Enacted by the General Assembly of the State of Colorado: Appropriation. Section 1. That the sum of two thousand five hun- Pund. dred (f2,500) dollars, or so much thereof as may be neces- sary, be and the same is hereby appropriated out of any moneys in the Internal Improvement Permanent Fund, not otherwise appropriated, for the purpose of complet- Ch. 68] APPROPRIATION. 141 ing the construction of a wagon road in Mesa County, wagron road, along the most feasible and practicable route, from a point on Grand River opposite the Town of Debeque, Route, to a point on Plateau Creek about two miles west of the Town of Collbran, where the present wagon road crosses said creek, substantially along the route as already sur- veyed and laid out under the direction of the county surveyor of Mesa County, said survey to be corrected survey and approved under the direction of the State Engineer ; approved by the said wagon road so to be constructed being the same state wagon road which was authorized to be constructed^"^'*®®'- under chapter 62 of the Session Laws of the fourteenth session of the General Assembly; and in which act an appropriation of three thousand dollars (J3,000) was made, and which road was, under said appropriation, constructed for the distance of about seven and one-half (7^) miles, leaving about ten (10) miles of said road not constructed. Sec. 2. The State Engineer, County Surveyor and Board of the Chairman of the Board of County Commissioners of construcuon the County of Mesa are hereby constituted a board for composed of. the purpose of completing the construction of said wagon road. Sec. 3. The Auditor of State is hereby authorized Auditor draw to draw warrants for the payment of the expenses of the warrants completion of the construction of said wagon road, upon "^^.^- , vouchers certified to by the aforesaid board, not exceed- vouchers, ing the said sum of two thousand five hundred (f2,500) dollars. Sec. 4. That after the said road is constructed as Repairs, aforesaid, the said County of Mesa shall be at all the expense of maintaining and keeping said road in repair for the use of the public. Sec. 5. Whereas, an emergency exists, in the opin- Emergrency.. ion of the General Assembly; therefore, this act shall be in force from and after its passage. Approved April 7, 1905. 142 APPROPRIATION. [Ch. 69 CHAPTER 69. AFPBOPEIATION. WAGON ROAD-MONTROSE COUNTY. (H. B. No. 288, by Mr. Dungan.) AN ACT TO CONSTRUCT A STATE ROAD AND TWO BRIDGES IN MONT- ROSE COUNTY, FROM A POINT ON STATE ROAD SOUTH OF SAN MIGUEL RIVER IN SECTION 15, TOWNSHIP 46 N., R. 15 W., RUNNING FROM SAID POINT NORTH TO SAN MIGUEL RIVER WHERE BRIDGE IS TO BE CONSTRUCTED, THENCE IN A NORTHWESTERLY DIRECTION TO TABEGU- ACHE PARK; THENCE IN A NORTHWESTERLY DIRECTION ACROSS TABEGUACHE PARK TO BLUFF OF TABEGUACHE, ABOUT ONE-QUARTER MILE ABOVE PRESENT GRADE OF TABEGUACHE PARK; THENCE TO MOUTH OF SPRING CREEK WHERE BRIDGE IS TO BE CONSTRUCTED ACROSS TABEGUACHE CREEK; THENCE DOWN TABEGUACHE CREEK TO THE SAN MIGUEL RIVER TO CONNECT WITH ROAD, AND APPROPRIATING MONEY TO PAY FOR THE SAME. Appropriation. Wagon jpad. Bridges. Route. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That the sum of two thousand dollars ( $2,000) be, and the same is hereby appropriated out of any moneys in the Internal Improvement Fund, not other wise appropriated, for the purpose of constructing a wagon road in Montrose County and building bridges across the San Miguel River and Tabeguache Creek, upon the following described route, as near as practicable, to wit: Commencing at a point on State road south of San Miguel River in section 15, township 46 north, range 15 west, running from said point north to San Miguel River where proposed bridge is to be located; thence in a northwestely direction to Tabeguache Park, thence across Tabeguache Park in a northwesterly direction to Ch. 69] APPROPRIATION. 143 the bluff of Tabeguache, about one-quarter mile above present grade of Tabeguache Park; thence to the mouth of Spring Creek where bridge is to be constructed across Tabeguache Creek; thence down Tabeguache Creek to the San Miguel River to connect with road. Sec. 2. Said wagon road shall be surveyed and the state Engrineer route selected by the State Engineer as near as prac- ^®*®^™*"® ^°"*®- ticable in the route described in section 1 of this act. Sec. 3. The State Engineer and the Board of Board of County Commissioners of Montrose County shall be and construction are hereby constituted a board to be designated as the composed of. board of construction. Sec. 4. That the State Auditor be and the same is Auditor draw hereby authorized and directed to draw his warrant on^®^"'*"*- the State Treasurer for the sum of two thousand dollars (}2,000), or so much thereof as may be necessary, on certificate of the State Engineer that such wagon road and bridges have been constructed. Sec. 5. That after said road and bridges are con- Repairs, structed as aforesaid, the County of Montrose shall be at all expense of maintaining and keeping said road and bridges in repair, for the use of the public. Sec. 6. In the opinion of the General Assembly an Emergency, emergency exists ; therefore, this act shall take effect and he in force from and after its passage. Approved April 7, 1905. 144 APPROPEIATION. [Ch. 70 CHAPTER 70. AFPBOPBIATION. WAGON ROAD— PITKIN COUNTY. (H. B. No. 190, by Mr. Mulqueen.) Appropriation. Fund. Route. Personnel of board. Name. AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A PUBLIC WAGON ROAD FROM A POINT ABOVE THE CITY OF ASPEN NEAR THE MOUTH OF THE SOUTH FORK OF ROARING FORK RIVER AND RUNNING SOUTHEAST INTO AND THROUGH LINCOLN GULCH, AND TO COMPLETE THE STATE ROAD FOR WHICH AN APPROPRIATION HAS PREVIOUSLY BEEN MADE, AND MAKING AN APPROPRIATION THEREFOR. Be it Enacted by the General Assembly of the State of Colorado: • Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Improvement Permanent Fund, or the Internal Improve- ment Income Fund, or either of them, or any money that may hereafter come into said funds or either of them, the sum of three thousand dollars (|3,000), or so much thereof as may be necessary to construct a wagon road from a point above the City of Aspen near the mouth of South Fork of Roaring Fork River and run- ning southeast into and through Lincoln Gulch, the same being a completion of the road for which an appro- priation has heretofore been made. Sec. 2. The State Engineer and the Chairman of the Board of County Commissioners of said Pitkin County and the Mayor of the City of Aspen shall consti- tute a board for the location and construction of said road in conformity with this act. Said board shall be designated as a board of construction and of the same the Chairman of the said Board of County Commis- sioners shall be chairman, and the State Engineer shall be secretarv. Ch. 70] APPROPRIATION. 145 Sec. 3. It shall be the duty of the board, as soon Route as practicable after this act takes effect, to cause the determined, route of said road to be viewed and the general loca- tion thereof decided upon, after which the county sur- Survey of veyor of Pitkin County or some other competent sur-^<>^t®- veyor to be selected by the board, working under the di- rections and instructions of the State Engineer shall state Engineer survey the same and report everything connected with^^^P^^e the said survey to the State Engineer, who shall at once ^p^^*^^^"""^^' prepare the specifications and advertise for bids for the Advertise for construction of said road in one weekly paper published ^'^^^s. in the said Pitkin County, for at least four consecutive issues, and shall award the contract to the lowest re- Award contract. sponsible bidder who shall give a good and suflScient Bond for bond equal to the amount of the contract, for the faith- performance, ful performance thereof. Sec. 4. During the progress of said work the State Monthly Engineer shall cause to be made monthly estimates of estimates. the amount of work done during the month just past. Draw voucher, and shall draw a voucher for eighty per cent. (80^ of said estimate in favor of said contractor. Sec. 5. Said road when completed shall be a pub- Public lie highway and free to all vehicles and persons and shall highway. be kept in repair by the Commissioners of the said Pit- kin County. Sec. 6. Upon the completion of said road in ac- state Engineer cordance with the specifications and with the terms of ^'"^^ voucher, the contract and its acceptance by the said board, the said State Engineer shall draw and approve a voucher in favor of the said contractor for whatever amount may be due under the terms of the contract at that time, and the State Auditor is hereby authorized to draw warrants Auditor draw for the amount specified in the various vouchers so warrants. drawn by the State Engineer from time to time. * Neces- sary expenses for viewing, surveying, locating and in- Necessary specting the same are to be deducted and paid from the expenses paid. said appropriation. Sec. 7. In case the board shall find after the receipt of the bids .for the construction of said road, that the amount then remaining to the credit of the sum hereby Deficiency of appropriated is insuflScient to pay for the construction fund. of the said road according to the plans and specifica- tions adopted, then construction of the same shall not 146 APPROPRIATION. [Ch. 71. proviso. Construction be abandoned; Provided, That the County Commissioners "^1^^!^"^*^"*^"^ ^^ Pitkin County, the City Council of Aspen, or any per- ^„i=^ ^^^ ^^ persons, company or corporation shall subscribe for and bind themselves in a manner acceptable and sat- isfactory to the person or persons, company or corpora- tion entitled to have their bid accepted to pay the addi- tional amount required to complete the construction of the road in accordance with the plans and specifications prepared by said State Engineer. Sec. 8. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. Emergency. CHAPTER 71. APPROPRIATION. WAGON ROAD— SUMMIT COUNTY. (H. B. No. 89, by Mr. Miller.) AN ACT TO PROVIDE A PUBLIC WAGON ROAD FROM b.-^ECKENRIDGE TO BOREAS PASS, IN SUMMIT COUNTY, COLORADO, AND MAKING AN APPROPRIATION THEREFOR. Appropriation. Fund. State road. Route. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any money belonging to the Internal Improvement Permanent Fund, the sum of three thousand dollars (?3,000), or so much thereof as may be necessary to construct and re- pair a State wagon road from Breckenridge to Boreas Pass in Summit County, Colorado, said State wagon road to be located as near as may be, along and upon the old toll road from Breckenridge to Hamilton, Park County. Said road shall be of suitable and convenient width and upon a reasonable and practicable grade. Culverts, small Ch. 71.] APPROPRIATION. . 147 bridges and turn-outs shall be provided and put in where needed. Sec. 2. The State Engineer shall prepare plans and Plans and speci- specifications for the construction of said road, together ^cations, with estimates of the cost of constructing the same, and of sections thereof, starting from said Breckenridge. Should it be impracticable to construct all of said road according to the plans and specifications of the State En- gineer, then so much of said road shall be constructed, Proviso— Part starting from said Breckenridge, as can be constructed o^ road con- at a cost not exceeding the amount hereby appropriated, ^^^^cted. Sec. 3. The Governor, State Engineer, and the Personnel of Chairman of the Board of County Commissioners of Sum- board. mit County shall be a commission for the purpose of con- structing said road. Sec. 4. Said commission shall advertise for bids for Advertise for the construction of said road, according to said plans and bids. specifications, if according to estimates to be made by the State Engineer, the road can be built for or within the limits of the appropriation. If, however, such estimates Estimates ex- exceed the amount hereby appropriated, then bids shall ^eed appropria- be so invited for the construction of the greatest continu- ^^^^' ous length of said road, beginning at Breckenridge, for the amount hereby appropriated. The contract shall be contract. awarded to the lowest bidder if the whole road is to be built, or to that bidder who will build the greatest length of road for the amount hereby appropriated, if said ap- propriation is not suflScient to build the whole road. Said Bond for per- commission shall require a good and sufficient bond fromformance. the contractor in a suitable amount and with proper con- ditions to secure the performance of said contract. Sec. 5. Upon the certificate of the State Engineer Presentation of and the Chairman of the Board of County Commissioners certificate. of Summit County that said road or said sections thereof Auditor draw have been completed according to said contract, then thewa'*^*'^* commission provided for in section 3. hereof shall certify the fact, and the State Auditor is directed to draw, and the State Treasurer is directed to pay a warrant or war- rants to ^he contractor, for the sum due upon said con- tract. 148 APPROPRIATION. [Ch. 72. Emergency. Sec. 6. Whereas, in the opinion of the General As- sembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 72. AFPEOPRIATION. WAGON ROAD— TELLER AND FREMONT COUNTIES. (S. B. No. 76, by Senator Owen.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF A PUBLIC WAGON ROAD FROM THE CITY OF CRIPPLE CREEK, TELLER COUNTY, COLORADO, ALONG CRIPPLE CREEK TO ITS CONFLUENCE WITH FOUR MILE CREEK, THENCE ALONG FOUR MILE CREEK TO ELDRED P. O. IN FREMONT COUNTY, COLORADO, AND TO APPROPRIATE MONEY TO PAY FOR THE SAME. Appropriation. Fund. Wagon road. Route. Board of construction composed of. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any money in the State Treasury belonging to the Internal Improvement Permanent Fund or the Internal Improve- ment Income Fund, or either of them, or any money that may hereafter come into said funds, or either of them, the sum of ten thousand dollars (|10,000), or so much thereof as may be necessarj^, to construct a wagon road from the City of Cripple Creek, in Teller County, Colo- rado, by the most feasible route, along or near Cripple Creek, to a confluence with Four Mile Creek; then along the most feasible route from said confluence to Eldred P. O. in Fremont County, Colorado. Sec. 2. The State Engineer and the Chairman of the Board of County Commissioners of said Teller County and the County Surveyor of Teller County shall consti- Ch. 72.] APPROPRIATION. 149 tute a board for the location and construction of said road in conformity with this act. Said board shall be designated as a board of construction, and of the same officers, the Chairman of the said Board of County Commissioners shall be chairman and the State Engineer shall be sec- retary. Sec. 3. It shall be the duty of the board as soon Duty of board. as practicable after this act takes effect, to cause the route of said proposed road to be viewed and the general Survey. location thereof decided upon. After which the said county surveyor, working under the directions and in-|^^^^ structions of the State Engineer shall survey the same prepare '^ and report every thing connected with the said survey specifications. to the State Engineer, who shall at once prepare specifi- cations and advertise for bids for the construction of said Advertise for road in one weekly paper published in the said Teller *'*^®- County, at lease [least] in four issues, and shall award the contract to the lowest bidder who shall give a good contract. and suflScient bond equal to the amount of the contract for the faithful performance thereof. Sec. 4. During the progress of said work the State Monthly Engineer shall cause tq be made monthly estimates of estimates. the amount of work done during the month just past, state and shall draw a voucher for 80 per cent, of the said Engineer draw estimate in favor of the said contractor. ' voucher. Sec. 5. Said road when completed shall be a public Public highway and free to all vehicles and persons, and shall highway. be kept in repair by the counties through which it may Sec. 6. Upon completion of said road in accordance upon with the specifications and with the terms of the con- completion tract, and its acceptance by the board, the said State g^J^^^ Engineer shall draw and approve a voucher in favor of Engineer draw the said contractor for whatever amount may be due voucher. under the terms of the contract at that time, and the Auditor of State is hereby authorized to draw warrants Auditor draw for the amounts specified in the various vouchers so warrant. drawn by the State Engineer from time to time. Neces- sary expenses for viewing, surveying and locating the same, are to be deducted and paid from the said appro- priation. Sec. 7. In case the board shall find after the receipt Deficiency of of the bids for the construction of said road, that the fund. 150 APPEOPRIATION. [Ch.72. Construction not abandoned- proviso. Emerg-ency. amount then remaining to the credit of the sum hereby appropriated is insufficient to pay for the construction of the road, according to the plans and specifications adopted, then construction of the same shall not be aban- doned; Provided, That the Counties of Fremont and Teller, or any person or persons, company or corporation shall subscribe for and bind themselves in a manner accept- able and satisfactory to the person or persons or company entitled to have their bid accepted, to pay the additional amount required to complete the construction of the road, in accordance with the plans and specifications adopted by the State Engineer. Sec. 8. In the opinion of the General Assembly an emergency exists, therefore, this act shall take effect and be in force from after its passage. Approved April 7, 1905. Ch. 73.] APPROPRIATION. 151 CHAPTER 73. AFPEOPEIATION. WAGON ROAD— YUMA COUNTY. (H. B. No. 2.^, by Mr. Zingg.) AN ACT TO CONSTRUCT A STATE ROAD FROM THE SECTION LINE OR MAIN WAGON ROAD RUNNING ON SECTION LINE BE- TWEEN SECTIONS TWENTY-EIGHT (28) AND TWENTY- NINE (2'9), IN TOWNSHIP TWO (2), SOUTH OF RANGE FORTY-FOUR (44), WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN YUMA COUNTY, COLORADO, TO A POINT ON SECTION LINE RUNNING BETWEEN SECTIONS THIRTY-THREE (33) AND THIRTY-FOUR (34), IN TOWNSHIP THREE (3), SOUTH OF RANGE FORTY-FOUR (44), WEST OF THE SIXTH PRINCIPAL MERIDIAN, OR THE SHORTEST AND MOST FEASIBLE ROUTE, CONSIDERING X3RADES, CONNECTING THE TWO DIVIDES ON EITHER SIDE OF THE ARICKAREE RIVER WITH THE MAIN ROAD FROM IDALIA TO VERNON, AND FOR THE CONSTRUCTION OF A BRIDGE ACROSS THE ARICKAREE RIVER AT THE MOST PRACTICABLE POINT FOR THE CONSTRUCTION OF THE WAGON ROAD, AND TO APPROPRIATE MONEY FOR THE PAYMENT OF THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation, money in the State Treasury belonging to the Internal Improvement Fund, or the Internal Improvement Income Fund, or which may hereafter be credited to either of said funds, the sum of three thousand dollars ($3,000.00), or so much thereof as may be necessary for the purpose of constructing a State wagon road in Yuma County, gt^te road. Colorado, through the bluffs and hills on either side of the middle fork of the Kepublican Kiver, or better known as the Arickaree River, and across the wide sandy hot- 152 APPBOPBIATION. [Ch. 73 Route. Board of construction composed of. Officers. Survey of route. Advertise for bids. Contract. Bond for performance. Monthly estimates. Public hi^rbway. toms on either side of said Arickaree River, and for the construction of a bridge across said river at the proper place connecting the wagon road to be constructed upon the following described route, to wit: Commencing at section line or point at the south-west comer of section twenty-eight (28), in township two (2), south of range forty-four (44), west of the Sixth Principal Meridian, to a point on the section line running between sections thirty- three (33) and thirty-four (34), in township three (3), south of range forty-four (44), west of the Sixth (6) Principal Meridian, or upon the shortest and most feasi- ble route, considering grades to be made, connecting the two divides on either side of said Arickaree River with the main road from Idalia to Vernon. Sec. 2. The Chairman of the Board of County Com- missioners of said Yuma County, and the State Engineer, of the State of Colorado, shall be, and are hereby made, a board for the purpose of constructing the said bridge, of which board the Chairman of the Board of said County Commissioners shall be the chairman and the State En- gineer shall be the secretary. Sec. 3. It shall be the duty of the said board, as soon as practicable after this act takes effect, to cause the route of said proposed road to be surveyed under the directions of the State Engineer and the point for the bridge to be located, after which said State Engineer shall prepare specifications for the road and shall adver tise for bids for the road and bridge in one weekly paper published in Yuma County for at least four consecutive issues. The board shall award the contract to the lowest responsible bidder or bidders, who shall give a good and sufficient bond equal to the amount of the respective con- tracts, for the faithful performance thereof. Sec. 4. During the progress of said work the State Engineer shall cause to be made monthly estimates of the amount of work done during the month just passed and draw a voucher for SlH' of the said estimate in favor of the said contractor. Sec. 5. Said road and bridge when completed shall be a public highway and free to all vehicles and persons, and shall be kept in repair by the County Commissioners of the Countv of Yuma. -. ' . Ch. 74] AECHULETA COUNTY. 153 Sec. 6. Upon the completion of said work in accord- state Engrineer ance with the specifications and the terms of the con- ^^^^ ^^^ tracts and its acceptance by the board, the said State ^^^^^^® Engineer shall draw and approve a voucher in favor of said contractor or contractors, for whatever amount may be due under the terms of the contract at that time, and the Auditor of State is hereby authorized to draw war Auditor draw rants for the amount specified in the various vouchers ^^"*'^^®- so drawn by the State Engineer from time to time. Nec- essary expenses for viewing, surveying and superintend- ing said work are to be deducted and paid from said appropriation. Sec. 7. In the opinion of the General Assembly an Emergency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 74. AECHTILETA COUNTY. (H. B. No. 228, by Mr. Wilder.) AN ACT TO AMEND SECTION ONE (1) OF AN ACT ENTITLED "AN ACT TO ESTABLISH THE COUNTY OF ARCHULETA AND TO PROVIDE FOR THE TERMS OF COURT THEREIN," AP- PROVED APRIL 14, 1885, AND TO REPEAL ALL ACTS AND PARTS OF ACTS IN CONFLICT WITH THE PROVISIONS OF THIS ACT. Be it Enacted hy the General Asseml)ly of the State of Colorado: Section 1. That section one of an act to establish the Amended. County of Archuleta and to provide for the terms of Court therein approved by the General Assembly of the State of Colorado on April 14th, 1885, be amended so that said section may read as follows, to- wit : Section 1. That so much of the County of Conejos Boundary. lying west of a line commencing on the southern boun- 154 ARCHULETA COUNTY. [Ch. 74 Name. Repeal. Emergency. dary line of the State of Colorado at the intersection of said State line and the eastern boundary line of the Tierra Amarilla Grant which is thirty seven and eleven one hundredths chains west on said State line from the range line between ranges four and five east of the New Mexico Principal Meridian, and thence in a north- westerly direction following said east boundary line of the said Tierra Amarilla Grant to the north corner of said Tierra Amarilla Grant, and thence in the same di- rection until said line intersects with the range line be- tween ranges two and three east of the New Mexico Principal Meridian and thence north following said range line to the north boundary line of the County of Conejos, thence west along the southern boundary of the County of Mineral and the County of Hinsdale to the south-west corner of the said County of Hinsdale, thence south to the State line, and thence east along the said southern boundary line of the State of Colorado to the place of beginning, shall be set apart, and is hereby es- tablished as a county, with the legal capacity and func- tion of other counties of this State, to be called the County of Archuleta. Sec. 2. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. Sec. 3. In the opinion of the General Assembly an emergency exists; therefore this act shall be in force and effect from and after its passage. Approved April 20, 1905. Ch. 75] ASSIGNMENTS. 155 CHAPTER 75. ASSIGNMENTS. (H. B. No. 129, by Mr. Bromley.) AN ACT TO AMEND AN ACT ENTITLED "AN ACT CONCERNING AS- SIGNMENTS FOR THE BENEFIT OF CREDITORS," AP- PROVED MAY 5, 1897. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That an act entitled "An act concerning Amended, assignments for the benefit of creditors," approved May 5, 1897, be amended by adding thereto the following sec- tions : Sec. 12A. That the dividends of any unsettled as- Application of signment which may remain unclaimed for such time as unclaimed hereinafter specified after the final dividend has been de- <i*vidends of cided, shall upon the application of one or more creditors assignment. of such assignment be paid by the assignee under direc- tion of the court to the known creditors of the assign- ment, after giving notice to the creditors that a final dis- tribution of all such unclaimed dividends is to be made. Sec. 12B. Such notice shall be by advertisement in Notice of final two or more local newspapers of general circulation and distribution, also by written or printed notices mailed to the latest ad- dress of each creditor, and shall state that upon a certain day, not less than three months from the date of such notice, a final distribution of all the unclaiiAed dividends will be made to all such creditors as can be found and who shall have filed their respective claims with the as- signee within the time specified by the notice for the filing of such claims. When the time for filing these claims has expired, the court shall order the amount of the unclaimed pro rata dividends, after deducting expenses of distribution, to be distribution. distributed pro rata among those creditors who have filed their claims for a share in the distribution of such un- 156 ATTOENEY GBNEEAL. [Ch. 76 Dividends unclaimed for one year. Emergency. claimed dividends in accordance with the provisions of this act. Sec. 12C. Dividends remaining unclaimed for one year or longer after the final dividend has been declared by any assignee, shall, under the direction of the court, as herein provided, be distributed to the creditors whose claims have not been paid in full, and in case more than enough funds are in hand to pay these creditors in full, the balance shall go to the assignor. Sec. 2. Whereas an emergency exists, therefore this act shall be in full force and effect from and after its passage. Approved April 10, 1905. CHAPTER 76. ATT0ENE7 GENEBAI. SALARY. (S. B. No. 67, by Senator Cornforth.) AN ACT CONCERNING THE ATTORNEY GENERAL OF THE STATE OF COLORADO. Be it Enacted by the General Assembly of the State of Colorado: Salary of Attorney General. Section 1. That the Attorney General shall receive as compensation for his services an annual salary of five thousand dollars ($5,000), to be paid from the general fund monthly, as the salaries of other State oflScers are paid; and he is hereby authorized to appoint a deputy, who shall have authority to act for the Attorney General Authorized to in all matters except in respect to such duties as devolve appoint deputy, ^jpon the Attorney General by virtue of the Constitution. Repeal. Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed. Approved April 10, 1905. Ch. 77] ATTORNEYS AT LAW. 157 CHAPTER 77. ATTOENEYS AT LAW. PRACTICING WITHOUT LICENSE. (S. B. No. 51, by Senator Taylor.). AN ACT TO PROVIDE FOR THE PUNISHMENT OF ONE GUILTY OF PRACTICING LAW WITHOUT A LICENSE. Be it Enacted hy the General Assembly of the State of Colorado : Section 1. That any person who shall, without hav- Practicing: law ing a license from the Supreme Court of this State so to ^r conducting do, advertise, represent or hold himself out in any Dfi^-n- ^j^*^^^J^*^°^^ ner as an attorney, attorney at law, or counselor at law, contempt, or who shall appear in any court of record in this State to conduct a suit, action, proceeding, or cause for another person, shall be deemed guilty of contempt of the Supreme Court of this State and of the court in which said person shall so appear and shall be punished therefor according to law. Provided, That nothing herein contained shall Proviso, prevent the special admission of counselors, residing in other States, as provided in section 82 of the General Stat- utes of Colorado of 1883. Sec. 2. In the opinion of this General Assembly, an Emergency. emergency exists; therefore, this act shall take elBfect and be in force from and after its passage. Approved April 10, 1905. 158 BEECHER PAEK — APPROPRIATION. [Ch. 78. CHAPTER 78. BEECHEK PABK— APPKOPBIATION. (H. B. No. 248, by Mr. Zingg.) AN ACT FOR THE ESTABLISHMENT OF A STATE PARK, KNOWN AS "BEECHER PARK;" TO DONATE THE SOUTH-EAST QUARTER OF THE NORTH-EAST QUARTER, AND THE NORTH-EAST QUARTER OF THE SOUTH-EAST QUARTER OF SECTION TWENTY-ONE, AND THE SOUTH-WEST QUARTER OF THE NORTH-WEST QUARTER OF SECTION TWENTY-TWO, ALL IN TOWNSHIP TWO, SOUTH OF RANGE FORTY-THREE WEST, SITUATE IN THE COUNTY OF YUMA AND STATE OF COLORADO, FOR SAID PARK PURPOSES; TO ERECT A SUITABLE MONUMENT THEREIN, AND TO MAKE APPROPRIATION THEREFOR. State park. Boundaries. Park controlled by. Purpose of park. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That a State park, known as "Beechev Park" be and the same is hereby established at and on the south-east quarter of the north-east quarter (S. E. i of the N. E. i) and the north-east quarter of the south-east quarter (N. E. J of the S. E. ^) of section twenty-one (21), and the south-west quarter of the north-west quarter (S. W. i of the N. W. i) of section twenty-two (22), all in township two (2), south of range forty-three (43) west of the Sixth Principal Meridian, situate in Yuma County, Colorado; and said park shall be owned, maintained, controlled and kept by The Beecher Island Battle Memorial Association, a Colorado corporation, at its own expense. Sec. 2. The purpose of said "Beecher Park" is for the maintenance of a park in commemoration of the battle fought on Beecher Island between General For- sythe and his band of brave scouts, on the one side, and the numerous tribes of Indians, commanded by the no- Ch. 78.] BEECHER PARK — APPROPRIATION. 159 torious Chief, Roman Nose, on the other side, in which said park shall be erected a suitable monument; and for Monument the erection of which said monument, and for the purpose erected, of carrying out the intent of this act, and for the purpose of acquiring title to said lands, there is hereby appropri- Appropriation, ated from the general fund, out of any money not other- wise appropriated, the sum of two thousand five hun- Auditor draw dred dollars (|2,500); and the Auditor of the State is warrant, hereby authorized and directed to issue his warrant upon the State Treasurer for said amount upon the presenta- tion of a certified copy of a resolution passed by the board of director of the said The Beecher Island Me- morial Association, accepting the provisions of this act. Sec. 3. That there is hereby donated for said park Donation of purposes the south-east quarter of the north-east quar-iand for park ter (S. E. J of the N. E. i), and the north-east quarter of p^^po^^s- the south-east quarter (N, E. i of the S. E. i) of section twenty-one (21), and the south-west quarter of the north-west quarter (S. W. i of the N. W. i) of section twenty-two (22), all in township two (2) south of range forty-three (43) west of the Sixth Principal Meridian, situate in the County of Yuma and State of Colorado; and the State Board of Land Commissioners, for a nomi- nal consideration, is hereby authorized and directed to ^^^^j^^^^^j^^ execute and deliver to said corporation a deed of con- veyance, conveying unto the said The Beecher Island Battle Memorial Association, the above described lands upon said Association complying with the terms of sec- tion 2. of this act. Sec. 4. That in the event the said The Beecher Failure to erect Island Battle Memorial Association shall fail or neglect monument . to erect said monument or to begin the actual work within two necessary to make and build said park, for a period of years, two (2) years after this act shall become a law, or shall use, or attempt to use said lands, or any thereof, for any other use than for said park purposes, then, and in that j^^nds revert to event, the said described lands shall revert to and become state, the property of the State of Colorado, for the use and purposes to which it was originally dedicated, the same as if this act had never been passed and approved. Sec. 5. In the opinion of the General Assembly an Emergency emergency exists; with regard to the matter provided 160 BOYCOTTING AND BLACKLISTING. [Ch. 79. for in this bill, and therefore, this act shall take effect and be in force from and after its passage. Approved April 7, 1905. CHAPTER 79. BOYCOTTING AND BLACKLISTING— TO PEEVENT. (H. B. No. 158, by Mr. Thomas.) AN ACT TO PROHIBIT BOYCOTTS, BLACKLISTING, PICKETING, PA- TROLING AND OTHER OBSTRUCTION OF OR INTERFER- ENCE WITH THE LAWFUL BUSINESS OR OCCUPATION OF OTHERS, BY CONSPIRACY OR OTHERWISE, AND TO PRO- VIDE A PENALTY THEREFOR. Unlawful to loiter about or patrol streets or other places. Or to ticket works, mines or buildings. Proviso. Unlawful to print or circulate any notice of boycott. Or publish name of any public officer In any boycott notice. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That it shall be unlawful for any person or persons to loiter about or patrol the streets, alleys, roads, highways, trails or place of business of any person, firm or corporation engaged in any lawful business, for the purpose of influencing or inducing others not to trade with, buy from, sell to, work for, or have business dealings with such person, firm or corporation, or to ticket the works, mine, building or other place of business or occupa- tion of such other person, persons, firm or corporation, for the purpose of obstructing or interfering with or in- juring any lawful business work or enterprise; Provided, That nothing herein shall prevent any person from solicit- ing trade, custom or business for a competitive business. Sec. 2. That it shall be unlawful to print or circulate any notice of boycott, boycott card, sticker, ban- ner, sign or dodger, publishing or declaring that a boycott or ban exists, or has esisted [existed] or is contemplated against any person, persons, firm or corporation doing a lawful business, or publish the name of any judicial of- ficer or other public officer upon any notice of boycott, Ch. 79.] BOYCOTTING AND BLACKLISTING. 161 boycott card, sticker, banner, sign or other similar list, because of any lawful act or decision of such official. Sec. 3. That it shall be unlawful to use force, unlawful to threats, or other means of intimidation to prevent any ^^e force or person from engaging in any lawful occupation at any*^''®^^®* place he or she sees fit. Sec. 4. It shall be unlawful for any employer to maintain a black list, or to notify any other employer unlawful for that any workman has been blacklisted by such employer, employer to for the purpose of preventing such workman from receiv- maintain ing employment ; Provided, however. That nothing herein ^ ^^ ""®*' shall prevent a former employer of any workman or any Proviso, former employe from imparting a fair and unbiased opin- ion of a workman's or employer's [employe's] qualifica- tions when solicited so to do by a later or prospective employer of such workman, or employe; nor shall any- thing in this act be construed to prevent any merchant or ^r®<**y*®^s ™®^y professional man, or any association of the same, f rom ^® ^^^^J^*^®^ maintaining or publishing a list concerning the credit or financial responsibility of any person or persons dealing with him or them on credit. Sec. 5. Any. person, firm or corporation violating Misdemeanor, any provision of this act shall be guilty of a misdemeanor, and, on conviction, shall be sentenced to pay a fine of not less than ten dollars (|10.00) nor more than two hundred Penalty, and fifty dollars (|250.00), or to be imprisoned not to exceed sixty (60) days in the county jail, or both, in the discretion of the cotirt. Sec: 6. That all laws and parts of laws in conflict Repeal, with the provisions of this act be and the same are hereby repealed. Approved April 20, 1905. 162 BEACES OVER BIGHTS OP WAY. [Ch. 80. CHAPTER 80. BSACES OYEB BIGHTS OF WAY. (H. B. No. 306, by Mr. Breckenrldge.) AN ACT ENTITLED AN ACT TO AMEND SECTION ONE OF CHAPTER 85 OF THE SESSION LAWS OF 1899 ENTITLED "AN ACT RELATING TO THE USE OF WIRE FOR BRACES ON RIGHT OF WAY FOR PUBLIC ROADS." Be it Enacted by the General Assembly of the State of Colorado: Amended. Section 1. That section on^ of chapter eight-five of the Session Laws of 1899 entitled "An act relating to the use of wire for braces on right of way for public roads," approved April 6th, 1899, be and the same is hereby amended so as to read as follows : Wire braces Section 1. It shall be unlawful for any telegraph or less than telephone company or corporation, or any other company f^^'^^th'^^* or corporation, or any person or persons, in using wire ^omid over ^^ brace any telegraph, telephone or other pole or post, public highways except anchor wires, to place such wire over any part • of any right of way for public roads at a less distance than twenty feet from the ground; Provided, however. That anchor wires shall not be placed over the usually traveled portions of any right of way for public roads at a less distance than twenty feet from the ground. Any Misdemeanor, corporation, person or persons who shall violate the pro- visions of this act shall be deemed guilty of a misde Penalty. meanor, and upon conviction thereof in any court of com petent jurisdiction, shall in the discretion of the court, be fined in any sum not to exceed fifty dollars for each offense. Approved April 6, 1905. Ch. 81.] CHILDREN. 163 CHAPTER 81. CHILDREN. DEPENDENT AND NEGLECTED— SUPPORT. (S. B. No. 12, by Senator Anfenger.) AN ACT CONCERNING PARENTS OR OTHER PERSONS . RESPONSIBLE FOR OR, BY AN ACT CONTRIBUTING TO THE DEPEND- ENCY OR NEGLECT OF CHILDREN AND PROVIDING FOR THEIR PUNISHMENT. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. In all cases where any child shall be a Neglect of dependent or neglected child, as defined by the statutes children, of this State, the parent or parents, or other persons re- sponsible for such dependency or neglect shall be guilty of a misdemeanor, and, upon trial and conviction thereof, Misdemeanor, shall be fined in a sum not to exceed one hundred (100.00) dollars, or imprisoned in the county jail for a period not Penalty, to exceed ninety (90) days, or by both such fine and im- county court prisonment. The county courts (Juvenile courts) shall ^as jurisdiction, have jurisdiction of all cases coming within the pro- visions of this act; Provided that an a])peal shall lie to Appeal to the District Court from the judgment of said county i^^strict court, court rendered in pursuance of, or under this act. Sec. 2. The court may suspend any sentence here- w^hen sentence under, or release any person sentenced under this act from ^^y ^« custody upon condition that such person shall furnish a ^"^p®*^^®^- good and sufficient bond or undertaking to the People of the State of Colorado in such penal sum, not exceeding two hundred dollars, as the court shall determine, condi- conditions, tioned for the payment of such amount as the court ma^^ order, not exceeding fifteen (15) dollars per month for each child, for the support, care and maintenance of such child while under the guardianship or in the cus- tody of any individual, or any public, private or State 164 CHILDREN. [Ch. 81. Suspension of sentence. Conditions. Bond. Forfeiture of bond and term of probation. Original sentence executed. Part of sentence served. Citation to appear and show cause. Judgment. Application of moneys collected upon execution. home, institution, association or orphanage to which the child may have been committed. [,] or entrusted under the provisions of the laws of this State concerning de- pendent and neglected children. Sec. 3. The court may also suspend any sentence imposed under this act, and may permit any dependent child to remain in the custody of any such person found guilty, upon conditions to be prescribed or imposed by the coui*t as seem most calculated to remove the cause of such dependency or neglect, and while such conditions are accepted and complied with by any such person, such sentence may remain suspended and such person shall be considered on probation in said court. In case a bond is given, as provided herein, the conditions prescribed by the court may be made a part of the terms and con- ditions of such bond. Sec. 4. Upon the failure of any such person to com- ply with the terms and conditions of such bond, or of the conditions imposed by the court, such bond or the term of probation may be declared forfeited and termi- nated by the court, and the original sentence executed as though it had never been suspended, and the term of any jail sentence imposed in any such case shall commence from the date of the incarceration of any such person af- ter the forfeiture of such bond or term of probation. There shall be deducted from such period of incarceration any part of such sentence which may have already been served. Sec. 5. It shall not be necessary to bring a separate suit to recover the penalty of any such bond so forfeited, but the court may cause a citation to issue to the surety or sureties thereon requiring that he or they appear at a time named therein by the court, which time shall be not less than ten nor more than twenty days from the issu- ance thereof, and show cause, if any there be, why judg- ment should not be entered for the penalty of such bond, and execution issue for the amount thereof against the property of the surety or sureties thereon, as in civil cases, and upon failure to appear or failure to show any such suflScient cause the court shall enter such judgment in behalf of the People of the State of Colorado against such surety or sureties. Any moneys collected or paid upon any such execution, or in any case upon said bond, shall be turned over to the county treasurer of the county Ch. 82.] CODE OF PEOCEDUBE. 165 in which such bond is given, to be applied to the care and maintenance of the child or children for whose de- pendency such conviction was had, in such manner and upon such terms as the county court may direct; Pro- Proviso, vided, That if it shall not be necessary, in the opinion of the court, to use such fund, or any part thereof, for the support and maintenance of such child, the same shall be paid into the county treasury and become a part of the funds of such county. Sec. 6. Nothing in this act shall be construed to re- construction peal any act providing for the support by fathers of their©' act. minor children, or any part of the acts concerning de- linquent children or persons contributing thereto; and nothing in said acts shall prevent proceedings under this act in any proper case. All other acts or parts of acts Repeal, inconsistent herewith are hereby repealed. Approved April 10, 1905. CHAPTER 82. CODE OF PROCEDUBE. PLACE OF TRIAL— CIVIL ACTIONS. (H. B. No. 26, by Mr. Hutt.) AN ACT TO AMEND CHAPTER 2 OF AN ACT OF THE GENERAL ASSEM- BLY OF THE STATE OF COLORADO, ENTITLED, "AN ACT FOR AN ACT TO PROVIDE A CODE OF PROCEDURE IN CIVIL ACTIONS FOR COURTS OF RECORD IN THE STATE OF COLORADO, AND TO REPEAL ALL ACTS INCONSIST- ENT THEREWITH," APPROVED APRIL 7, 1887. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That chapter 2 of an act of the General code of pro- Assembly of the State of Colorado, entitled, "An act forcedure. an act to provide a code of procedure in civil actions for courts of record in the State of Colorado, and to repeal ]{}{} CODE OF PROCEDURE. [Ch. 82. Amended. all acts inconsistent therewith," approved April 7, 1887^ be amended by adding thereto the following section : Place of trial ^^' 25A. All actions affecting property, franchises of civil actions. OF Utilities, whether by foreclosures, appointment of re- ceivers, or otherwise, shall be tried in the county where such property, franchise or utility is situated, or in the Duty of court- county where the greater part thereof is situated. And transfer of ac- it shall be the duty of the court, upon application of any **°"' party to the action or interested in the subject matter, at After appiica- once to transfer any case to the county in which such tion court no property, franchise or utility is situated. After the ap- exce^t*^**°"~ plication is made, the court shall have no jurisdiction, ex- excep . ^^^p^ ^^^ ^^^ purposes of entering the order of transfer. Actions now ^^^' 25B. In all actions now pending and undeter- pending. mined in any of the courts of the State, other than the county in which such property, franchise and utility is Transfer on ap- situated, the court shall, on application of any party to plication of the actiou or interested in the subject matter, immediate- party, j^ transfer such cases to the proper county for trial. Emergency. ^^' 2. In the Opinion of the General Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. Ch. 83.] CODE OF PROCEDURE. IGl CHAPTER 83. COBE OF PEOCEDVEE. SUMMONS. (S. B. No. 96, by Senator Taylor.) AN ACT TO FACILITATE SERVICE OF SUMMONS AND OTHER PROCESS AND TO PROVIDE A METHOD FOR SUCH SERVICE OF SUMMONS AND OTHER PROCESS UPON DOMESTIC COR- PORATIONS, WHERE SUCH CORPORATIONS KEEP NO OFFICE WITHIN THE STATE AND NO OFFICER OR STOCK- HOLDER CAN BE FOUND WITHIN THE STATE. Be it Enacted by the General Assembly of the State of Colorado: Section 1. Whenever any sheriff of any county in sheriff unabi© this State shall be unable to find the principal office of to And any domestic corporation at the place designated in the defendant, articles of incorporation and can find no officer, stock- holder or other person upon whom service can be legally made of any summons or other process issued against any domestic corporation of this State, he shall make and file with the clerk of the court by which said summons or process was issued, a copy of the summons or process, having attached thereto his affidavit made by him setting Affidavit. forth the efforts he has made to obtain service and the reason for his failure. Sec. 2. Upon application, if the court which issued service by such summons or process shall be satisfied that due dili- publication— gence has been exercised by the sheriff and the plaintiff ^**®" allowed. or his attorney to obtain service, without avail, such court shall make an order that service shall be had by publication in the manner provided by law for service upon non-resident in cases of attachment. Sec. 3. In the opinion of the General Assembly an Emergrency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. 168 CONSTITUTIONAL AMENDMENT. [Ch. 84. CHAPTER 84. CONSTITUTIONAL AMENDMENT. ELECTIONS. (S. B. No. 93, by Senator Taylor.) AN ACT TO SUBMIT TO THE QUALIFIED ELECTORS OF THE STATE OF COLORADO AN AMENDMENT TO SECTION 8 OF ARTICLE 7 OF THE CONSTITUTION OF THE STATE OF COLORADO CONCERNING ELECTIONS AND VOTING MACHINES. Submission to electors. Constitutional amendment. Election by ballot. Contested elections — ballots counted and compared. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there shall be submitted to the qualified electors of the State of Colorado at the next general election for members of the General Assembly, for their approval or rejection, the following amend- ments to the Constitution of the State of Colorado, which when ratified hj a majority of those voting thereon shall be valid as a part of the Constitution, that is to say: Section 8 of article 7 of the Constitution of the State of Colorado shall be amended so as to read as follows : Section 8. All elections by the people shall be by ballot, and in case paper ballots are required to be used, every ballot shall be numbered in the order in which it shall be received, and the number recorded by the elec- tion officers on the list of voters opposite the name of the voter who presents the ballot. The election officers shall be sworn or affirmed not to inquire, or disclose how any elector shaljl have voted. In all cases of con- tested elections in which paper ballots are .required to be used, the ballots cast may be counted and compared with the list of voters, and examined under such safe- guards and regulations as may be provided by law. Noth- ing in this section, however, shall be construed to pre- Ch. 84.] CONSTITUTIONAL AMENDMENT. 169 rent the use of any machine or mechanical contrivance voting machine for the purpose of receiving and registering the votes may be used. cast at any election, provided that secrecy in voting be preserved. When the governing body of any county, city, city voting and county or town,* including the City and County of '"®^*^^*"®^ Denver, and any city, city and county or town which inay 7nd pafd f or^^ be governed by the provisions of special charter, shall adopt and purchase a voting machine, or voting ma- chines, such governing body may provide for the payment therefor by the issuance of interest-bearing bonds, certifi- cates of indebtedness, or other obligations, which shall be a charge upon such city, city and county, or town; such bonds, certificates or other obligations may be made payable at such hme or times, not exceeding ten years from the date of issue, as may be determined, but shall not be issued or sold at less than par. Sec. 2. Each elector desiring to vote on such amend- Manner of ment shall deposit in the ballot box a ticket whereon voting on shall be printed the words "For the amendment to sec- «^"»«'^^«*«"^- tion 8 of article 7, permitting voting machines," and ^'Against the amendment to section 8 of article 7, per- mitting voting machines," and shall indicate his ap- proval or rejection of the same by placing a cross oppo- site one or the other of said groups of words. Sec. 3. The votes cast for the adoption or rejection canvass of of said amendments or either of them, shall be canvassed ^°*®®- and the result determined in the manner provided by the laws of the State for the canvass of votes for representa- tives in Congress. Approved April 10, 1905. ^ 170 CONVEYANCES. [Ch. 85 CHAPTER 85. CONVEYANCES. HUSBAND AND WIFE. (S. B. No. 10, by Senator Anfenger.) AN ACT TO AMEND "AN ACT RELATING TO THE PROPERTY RIGHTS OF MARRIED PERSONS," APPROVED APtJIL 11, 1903. Be it Enacted by the General Assembly of the State of Colorado: Amended. That section one (1) of an act entitled "An act re- lating to the property rights of married persons,'' ap- proved April 11, 1903, be and the same is hereby amended to read as follows: Sale of or Section 1. That any chattel mortgage upon, and chattel any sale of the household goods, used by the family, when household °^ given or made by husband or wife residing with the other, goods executed shall not be valid unless executed or made by both hus- jointiy. band and wife jointly. Emergency. ^^c. 2. In the Opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved March 25, 1905. Ch. 86] CONVICT LABOR. 171 CHAPTER 86. CONVICT LABOR. (S. B. No. 224, by Senator Lewis.) AN ACT PROVIDING FOR THE WORKING OF THE CONVICTS IN THE COLORADO STATE PENITENTIARY UPON THE PUBLIC ROADS AND HIGHWAYS WITHIN ANY COUNTY AND UPON THE STREETS AND ALLEYS WITHIN THE CITIES AND IN- CORPORATED TOWNS LOCATED IN THE STATE OF COLORADO. «■ ■ Be it Enacted by the General Assembly of the State of Colorado: Section 1. Upon the written request of a majority of written the board of county commissioners of any county in the request to State of Colorado, the Warden of the Colorado State Pen-^^*^"''® convicts. itentiary, situated at Canon City, in Fremont County, shall detail such convicts as in his judgment shall seem proper, not exceeding the number specified in said writ- ten request, to work upon such public roads and high- For what ways of such county or streets and alleys of any city p"'*p<'®®8- or incorporated town within such county as shall be designated in said written request of said county com- miMoners; Provided, That such county shall pay all ad- county pay ditional expenses of guarding said convicts while work- expense of ing upon said public roads and highways within such^"^"^^®* county and shall furnish all tools and materials necessary in the perfomance of said work; And Provided, That Furnish tools. when said work is done within the limits of any city or incorporated town within such county, or city or in- city pay corporated town where jaaid work shall be done shall expenses— when. likewise pay all additional expenses of guarding such convicts while performing said work and shall furnish all necessary material used in said work. ^^^ employed Sec. 2. Said convicts when employed under the pro- as skilled visions of section 1 of this act shall not be used for the laborers. 172 CORPORATIONS. [Ch. 87 purpose of building any bridge or structure of like char- acter which requires the employment of skilled labor. Sec. 3. The Board of Penitentiary Commissioners are hereby empowered to adopt a special rule applicable solely to convicts employed on the public work herein authorized and contemplated, whereby convicts so em- Additionai good ployed shall be granted additional good time allowance, time— when conditioned upon their good behavior and cheerful com- pliance with all rules that may be made by said board or said superintendent for the management and control of convicts so employed. Sec. 4. All acts, or parts of acts, in conflict herewith are hereby repealed. Sec. 5. In the opinion of the Gheneral Assembly, an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 11, 1905. Rules and regulations. allowed. Repeal. Emergency. CHAPTER 87. COEPORATIONS. EXTENSION OF TERM. (S. B. No. 108, by Senator Parks.) AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO ENABLE CORPORA- TIONS TO EXTEND THE TERM OF THEIR INCORPORA- TION," APPROVED APRIL 11, 1899. Be it Enacted "by the General Assembly of the State of Colorado: Amended. Section 1. That section 2 of an act entitled, "An act to enable corporations to extend the term of their incorporation," approved April 11, 1899, is hereby amend , ed to read as follows : Special meeting gec. 2. A Special meeting of the stockholders of said of stockholders, corporation may be called by stockholders owning at least Ch. 87] CORPORATIONS. 173 ten per cent, of the entire capital stock of said company. Notice of such meeting, stating the time and place thereof, and the purpose for which it is to be held, shall be pub- lished for four consecutive weeks in a newspaper printed Published nearest the place where the said corporation has kept its "o^^^e of principal office, and likewise mailed to each stockholder ^^^ ^^' of the company at least thirty days prior to the time fixed for said meeting. At such meeting the question of re- Notice newal shall be submitted to the votes of the stockholders mailed. of said company ; Provided, A majority of the stock of Question of the corporation be represented. The votes shall be taken renewal by ballot, and each stockholder shall be entitled to as submitted. many votes as he owns shares of stock in said company, Baiiot. or holds proxies therefor; and if a majority of the entire outstanding capital stock of the company shall be voted in favor of a renewal of the corporation, the president and secretary of said company shall, under the seal of said company, certify the fact, and shall make as many certificates as may be necessary, so as to file one in the Make and aie office of the recorder of deeds in each county wherein the certificates. company may do business, and one in the office of the Secretary of State; and thereupon the corporate life of said company shall be renewed for another term of not Renewal, exceeding twenty years from the date of the expiration, upon filing the certificates aforesaid; and all the stock- holders shall have the same rights in tiie new corporation, so extended, as they had in the company as originally formed; Provided, First. As to all such corporations whose charters Renewal have heretofore expired, the call for such meeting shall authorized by be signed and such extension shall be authorized by the g^ckhoiders' owners of two-thirds of the capital stock of the corpora- tion then issued and outstanding; and said certificates Time when shall be duly filed as above required within four years of certificates the expiration of the charter to be renewed, and within ^^^^ ^« ^i«<3- one year from the date when this act shall take effect. Second. As to all other of such corporations, said certificates shall be filed before or within one year after the expiration of the charter to be so renewed. Third. Upon filing said certificates, such corporation Fees. shall pay to the Secretary of State the same fees as are provided by law for filing new certificates of incorpora- tion. 174 COUNTIES. [Ch.88 Renewal does not extend corporate franchises. Nor enlarge powers or privilegres. Act not applicable to toll-road companies. Fourth. The extension of the term of existence of any such corporation in the manner herein provided, shall not be so construed as to extend or renew any corporate franchises granted by any county or municipality pos- sessed by such corporation, or to give to such corporation during the extended term of its existence any rights which such corix)ration would not have possessed had the same been incorporated as an original corporation at the date of the extension of the terra of its existence ; nor as enlarging any of the powers, privileges or franchises here- tofoi-e enjoyed by such coriK>ration. Fifth. The provisions of this act shall not apply to a renewal of the charters of toll-road companies. Approved April 10, 1905. •CHAPTER 88. COUNTIES. CLASSIFICATION. (S. B. No. 45, by Senator Sapp.) AN ACT FOR THE CLASSIFICATION OF COUNTIES FOR THE PURPOSE OF PROVIDING FOR AND REGULATING THE SALARIES OF COUNTY AND OTHER OFFICERS, AND TO REPEAL ALL PREVIOUS ACTS IN RELATION THERETO. Classification of counties. First class. Second class. Third class. Be it Enacted by the General Assembly of the State of Colorado: Section 1. For the purpose of providing for and regulating the salaries of county and other oflSeers, the several counties of this State shall be classified with reference to population and divided into five classes as follows : The City and County of Denver, unless otherwise provided in the charter thereof, shall be first class; El Paso, Teller and Pueblo Counties shall be second class; Boulder, Fremont, Lake, Pitkin, Las Animas and Weld 4 Ch. 88] COUNTIES. 175 Counties shall be third class ; Adams, Arapahoe, Chaffee, Fourth class. Clear Creek, Conejos, Costilla, Delta, Douglas, Eagle, Garfield; Gilpin, Gunnison, Huerfano, Larimer, La Plata, Logan, Mesa, Montrose, Morgan, Ouray, Otero, Park, Prowers, Jefferson, Rio Grande, [Routt,] Saguache, San Miguel, and San Juan Counties shall be fourth class; _^ ^ ^ Archuleta, Baca, Bent, Cheyenne, Custer, Dolores, E1-. bert, Grand, Hinsdale, Kiowa, Kit Carson, Lincoln, Montezuma, Mineral, Phillips, Rio Blanco, Sedgwick, Summit, Washington and Yuma Counties shall be fifth class. The counties of the fourth class shall be divided J^u^th ciasf into two divisions, known as "A'^ and "B". The counties comprising division "A" shall be Adams, Division "a." Arapahoe, Chaffee, Clear Creek, Conejos, Douglas, Gar- field, Gilpin, Gunnison, Huerfano, Jefferson, Larimer, La Plata, Mesa, Otero, Ouray and San Miguel; and the counties comprising division "B" shall be Costilla, Delta, Division "B" Routt, Eagle, Logan, Montrose, Morgan, Park, Prowers,, Rio Grande, Saguache and San Juan. Sec. 2. For the purpose of regulating the amount classification to of compensation of county superintendents of schools, ^^^^^^^^^J^^^'**^' the counties of the State are divided into seven classes superintendents. as follows: The City and County of Denver, El Paso and Las First class. Animas Counties shall be the first class; Pueblo, Weld, Boulder, Fremont and Teller Counties shall be the second second class. class; Conejos, Delta, Garfield, Gilpin, Huerfano, Lake, Larimer, Mesa, Montrose, and Otero Counties shall be the third class; Chaffee, Clear Creek, Douglas, Eagle, Third class. Elbert, Jefferson, Gunnison, La Plata, Ouray, Rio Grande, Pitkin, Park, Prowers and Saguache Counties shall be Fourth class. the fourth class; Bent, Custer, Cheyenne, Kit Carson, Logan, Montezuma, Morgan, Routt, San Miguel and Yuma Fifth class. Counties shall be the fifth class; Archuleta, Baca, Cos- tilla, Grand, Kiowa, Lincoln, Mineral, Phillips, Rio Blanco, San Juan, Sedgwick, Summit and Washington sixth class. shall be the sixth class; Dolores and Hinsdale shall be the seventh class. County superintendents of schools seventh class. shall receive the following compensation, to be paid quarterly out of the county treasury, to wit : In counties compensation of the first class, an annual salarv of twentv-eight hun- ^^ county dred dollars (|2,800.00) ; in counties of the second class l^^^^^^^^^^^^^^ an annual salary of two thousand dollars (^2,000.00) ; 176 COUNTY GOVERNMENT. [Ch. 89 in counties of the third class, an annual salary of twelve hundred dollars (|1,200.00) ; in counties of the fourth class, an annual salary of eleven hundred dollars (|1,- 100.00) ; in counties of the fifth class, an annual salary of eight hundred dollars (|800.00) ; in counties of the sixth class, an annual salary of five hundred dollars (1500.00) ; in counties of the seventh class, an annual salary of one hundred dollars (flOO.OO) ; in all but first and second class counties, boards of county commis- MUeage-when siouers may allow mileage not to exceed ten cents (10c) allowed. p^p mjig f^^p distance necessiarly [necessarily] and actually traveled in the performance of duty, not to ex- ceed an aggregate of three hundred dollars (fSOO.OO) per annum in any county. Repeal. Sec. 3. All acts and parts of acts of the General Assembly in conflict with this act are hereby repealed. Approved April 10, 1905. CHAPTER 89. COTTNTY OOVESITHENT. COMMISSIONERS. (H. B. No. 42, by Mr. Smith.) AN ACT FIXING THE TERMS OF OFFICE OF COUNTY COMMISSIONERS IN THE COUNTIES OF ADAMS AND ARAPAHOE, AND RE- PEALING SECTION 529 OF THE GENERAL STATUTES OF THE STATE OF COLORADO. Be it Enacted hy the General Assembly of the State of Colorado: Adams and Sectiou 1.' In the Counties of Adams and Arapahoe Arapahoe coun-ihe county Commissioners elected at the general election t^es upon the 8th day of November, A. D. 1904, in the first First and sec- ^^^^ second Commissioner's districts shall hold office un- ond districts, til the second Tuesday in January, A. D. 1909, and the Term. couuty Commissioners elected in the third commissioner's Ch. 90] COURT OF APPEALS. 177 districts [district] in said counties shall hold office until Third district, the second Tuesday in January, A. D. 1907. '^®™- Sec. 2. Section* 529 of the General Statutes of the Repeal. State of Colorado, the same being Section 782 of Mills' Annotated Statutes, is hereby repealed. Sec. 3. In the opinion of the General Assembly an Emergrency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved March 17, 1905. CHAPTER 90. COUBT OF APPEALS. CAUSES PENDING IN. (S. B. No. 47. by Senator Taylor.) AN ACT IN RELATION TO CASES PENDING IN THE SUPREME COURT AND COURT OF APPEALS OF THE STATE OF COLORADO. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That from and after the consolidation of causes pending the Court of Appeals with the Supreme Court of this in supreme or State, all cases theretofore pending on appeal or writ of court of error in the Court of Appeals or the Supreme Court, ^p^^^®^*}^^ which could have been properly taken by appeal or writ ° of error to either of said courts for review, shall be Decreed deemed and held to have been properly taken to and be pending: in pending in the Supreme Court. " " supreme court. Sec. 2. In the opinion of the General Assembly an Emergency. emergency exists; therefore this act shall take effect and be in force from and after its passage. Approved April 5, 1905. 178 COURT OP APPEALS. [Oh. 91. CHAPTER 91. COTTBT OF APPEALS. RECORDS. (S. B. No. 166, by Senator Taylor.) AN ACT CONCERNING THE RECORDS, BOOKS, PAPERS AND OTHER PROPERTV BELONGING TO THE COURT OF APPEALS. Be it Enacted hy the General Assembly of the State of Colorado: Records of Section 1. On the first Wednesday in April, A. D. Court of 1905, at the termination of the existence of the Court of Appeals become Appeals, all of the records, books, papers and other prop- Supreme** Court. ^^^^ ^^ ^^^^ court shall at once be transferred to and be- come a part of the records, books, papers and property of the Supreme Court, and the clerk of said Supreme Court shall at once thereupon become the custodian thereof, and be entitled to use and certify the same whenever required so to do, the same as the records of said Supreme Court. Emergency. Sec. 2. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 5, 1905. Ch. 92.] COURTS OF RECORD. 179 CHAPTER 92. COVBTS OF RECORD. ARAPAHOE COUNTY— TERMS. (H. B. No. 45, by Mr. Sterling.) AN ACT TO AMEND SECTION SIX (6) OF AN ACT ENTITLED "AN ACT TO ESTABLISH THE COUNTY OF SOUTH ARAPAHOE, AND THE TEMPORARY SEAT THEREOF; PROVIDING FOR THE APPOINTMENT OF ITS PRECINCT AND COUNTY OF- FICERS, FIXING THE TERMS OF COURT THEREIN, AND ATTACHING THE SAME TO CERTAIN CONGRESSIONAL, SENATORIAL, REPRESENTATIVE, NORMAL INSTITUTE AND JUDICIAL DISTRICTS." APPROVED APRIL 15,* 1901, BEING CHAPTER 58 OF THE LAWS OF 1901. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That section six (6) of "An act to estab- ^^jnended. lish the County of South Arapahoe, and the temporary seat thereof; providing for the appointment of its pre- cinct and county officers, fixing the terms of court therein, and attaching the same to certain congressional, sena- torial, representative, normal institute and judicial dis- tricts,'' approved April 15, 1901, being chapter 58 of the laws of 1901, be and the same is hereby amended so as to read as follows: Section 6. There shall be held annually in the Terms of County of Arapahoe, six (6) terms of the County Court, County court, commencing on the second Monday in the months of January, March, May, July, September and November. Approved April 10, 1905. 180 COURTS OF RECORD. [Ch. 93. CHAPTER 93. COURTS OF EECOBD. TWELFTH DISTRICT— TERMS. (S. B. No. 1?», by Senator Ewingr.) AN ACT TO FIX THE TERMS OF THE DISTRICT COURT OF THE SEVERAL COUNTIES OF THE TWELFTH JUDICIAL DISTRICT, OF THE STATE OF COLORADO, AND TO REPEAL ALL ACTS, AND PARTS OF ACTS, INCONSISTENT OR IN CONFLICT WITH THE PROVISIONS OF THIS ACT. Be it Ewicted hy the Oeneral Assembly of the State of Colorado: Terms of Section 1. Terms of the District Court, shall be held District Court, in the Twelfth Judicial District of the State of Colorado, in each and every year as follows, to wit : In the County Conejos county, of Couejos, ou the first Mondays in May and December; Costilla county, in the Couuty of Costilla, on the first Monday in April; Rio Grande in the Couuty of Rio Grande, on the fourth Monday in county. May, and the third Monday in November; in the County Saguache o^ Saguache, on the second Monday in June, and the county. fourth Monday in October; in the County of Mineral on Mineral county, the third Monday in April, and the first Monday in Oc- tober. Repeal. Sec. 2. All acts and parts of acts inconsistent, or Proviso- ^^ conflict herewith, are hereby repealed ; Provided, how- pending matter- ever, That all actions, causes, issues and proceedings, civil, criminal and special, which are pending in the Dis- trict Court of any of the above named counties, including causes in which the place of trial has been changed to any such county and including attachments, recognizances and undertakings of every kind, shall be held to be pend- Manner of i^^g ^^ the first term of said court in and for the county procetdiTi/? wherciu the same is now pending, as fixed by this act ^***^* and may be regularly proceeded with at such term and in the same manner, and with the same effect, as Ch. 94.] CRIMINAL CODE. 181 though pending at the next regular term, as fixed by law prior in this act; and all recognizances, bonds and un- Bonds, dertakings whereby any person or persons shall be re- quired to appear, or do any other act at any term of any of said courts as heretofore fixed by law, shall be deemed to require the same act or appearances at the first term of the said court after this act shall take effect as fixed herein, and proceedings thereon at such term herein fixed Proceedings shall be taken the same as they might have been at the on bonds, term particularly specified therein. Sec. 3. In the opinion of the General Assembly an emergency exists ; and therefore, this act shall take effect and be in force, from and after its passage. Approved April 10, 1905. CHAPTER 94. CRIMINAL CODE. (S. B. No. 81, by Senator Robertson.) AN ACT CONCERNING THE TAKING OF INDECENT LIBERTIES WITH CHILDREN, AND TO PROVIDE PUNISHMENT THEREFOR. Be it Enacted by the General Assembly of the State of Colorado: Section 1. Any person over the age of fourteen years Assaulting of who shall assault any child under sixteen years of age children under and shall take indecent and improper liberties with the ^^^ ^^ ^^• person of such child, or who shall entice, allure or per- suade any such child into any room, office or to any other place for the purpose of taking such immodest, immoral, and indecent liberties with such child, or who shall take or attempt to take such liberties, with the person of such child at any place, shall be deemed a felonious assaulter, peionious and, on conviction thereof, shall be punished, if over assault, eighteen years of age, by confinement in the Penitentiary for a term not more than ten years, and, if under eigh- Penalty. teen years of age, may be punished by commitment to the State Reformatory or to the State Industrial School. Approved April 6, 1905. 182 CRIMINAL CODE. [Ch.95. CHAPTER 95 CBIMINAL CODE. BRIBERY. (H. B. No. eo, by Mr. Hurd.) AN ACT TO AMEND SECTIONS 790, 791 AND 792 OF THE GENERAL STATUTES OF THE STATE OF COLORADO FOR 1883, BEING SECTIONS 1273, 1274 AND 1275 OF MILLS' ANNO- TATED STATUTES. Amended. Bribery of judges. Purpose of bribe. Bribery of city council. Members of legislative assembly. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That sections 790, 791 and 792 of the General Statutes of the State of Colorado for 1883, being sections 1273, 1274 and 1275 of Mills' Annotated Stat- utes, be and the same are hereby amended so as to read as follows : "Sec. 102. If any person or persons shall, directly or indirectly, give any sum or sums of money, or any other bribe, present or reward, or any promise, contract, obligation or security for the payment or delivery of any money, present, reward, or any other thing to obtain or procure the opinion, judgment or decree of any judge or justice of the peace acting within this State, or to cor- rupt, induce or influence such judge or justice of the peace to be more favorable to one side than to the other in any suit, matter or cause depending or to be brought before him or them, or shall, directly or indirectly, give any sum or sums of money, present, or reward, or any promise, contract, obligation or security for the payment or delivery of any money, present or reward, or other thing, to obtain, procure or influence the vote of any alderman or member of a city council or member of the legislative assembly, or to incline, induce or influence any such alderman or member of city council and mem- ber of the legislative assembly to be more favorable to Ch. 95.] CRIMINAL CODE. 183 one side than the other on any question, election, matter or thing pending or to be brought before any city coun- cil or the legislative assembly, or either house of the legis- lative assembly, the person so giving any money, bribe, present or reward, promise, contract, obligation or se- curity, with intent and for the purpose aforesaid, and the judge, justice of the peace, alderman, or member of city council, or member of the legislative assembly who shall in any wise accept or receive the same, shall be deemed guilty of bribery, and, on conviction shall be punished by confinement in the Penitentiary for a term Penalty. of not less than one 3 ear, nor more than five years. "Sec. 103. If any person shall directly or indirectly Bribery of give any sum or sums of money, or any other bribe, pres- Judge, sheriff, ent or reward, or any promise, contract, obligation or ^^^^^\^^^^^ security for the payment of any money, present or re ^^^,^^^3^^^ ward, or any other thing, to any judge, justice of the peace, sheriff, coroner, clerk, constable, jailer, Attorney General or prosecuting attorney, mayor, alderman or member of city council, member of the legislative assem- bly, or other officer, ministerial or judicial (but such fees as are allowed by law), with intent to induce or influ- ence such officer to appoint any person to office, or to Purpose of execute any of the powers in him vested, or perform any ^'*^^^' duty of him required with partiality or favor, or other- wise than is required by law, or in consideration that such officer hath appointed any person to any office, or exercised any power in him vested, or performed any duty of him required with partiality or favor, or other wise, contrary to law, the person so giving and the officer so receiving any money, bribe, present, reward, promise, contract, obligation or security, with intent or for the purpose or consideration aforesaid, shall be deemed guilty of bribery, and on conviction, shall be punished by con- finement in the Penitentiary for a term of not less than i*enaity. one year, nor more than five years. "Sec. 104. Every person who shall offer or attempt Attempts to to bribe any member of the legisltitive assembly, alder- ^'**^®' man or member of city council, mayor, judge, justice of the peace, sheriff, coroner, clerk, constable, jailer. Attor- ney General, county or prosecuting attorney, or other ministerial or judicial officer, in any of the cases men- tioned in either of the two preceding sections, and every offers to member of the legislative assembly, alderman or member accept bribe. 184 DENTISTRY. [Ch. 96. of city council, mayor, judge, justice of the peace, sheriff, coroner, clerk, constable, jailer, Attorney General, county or prosecuting attorney, or other ministerial or judicial officer, who shall propose or agree to receive a bribe in any of the cases mentioned in either of the two preceding Penalty. sectious shall. On conviction, be fined in a sum not ex- ceeding one thousand dollars. Emergency. Sec. 2. In the Opinion of the General Assembly an emergency exists ; therefore, this act shall be in full force and effect from and after its passage. Approved April 10, 1905. CHAPTER 96. DENTISTBT. (S. B. No. 78, by Senator Owen.) AN ACT ENTITLED, AN ACT TO AMEND SECTION 7 OF CHAPTER 43, SESSION LAWS OF 1897, ENTITLED, "AN ACT TO REGU- LATE THE PRACTICE OF DENTISTRY AND DENTAL SUR- GERY IN THE STATE OF COLORADO, AND TO REPEAL *AN ACT TO SECURE THE EFFICIENCY OF PRACTITIONERS OF DENTAL SURGERY, AND TO REGULATE THE PRACTICE OF DENTISTRY IN THE STATE OF COLORADO,'" APPROVED APRIL 17, 1897. Amended. Misdemeanor. Penalty. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That section 7 of said act shall be amended so as to read as follows: Sec. 7. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misde- meanor, and shall be liable to prosecution before any court of competent jurisdiction, upon information or by indictment, and upon conviction shall be punished for the first offense, by a fine in the sum of not less than one hun- dred dollars (|lOO.OO) or more than three hundred dollars Oh. 97.] DIVORCE. 185 (f300.00), or by imprisonment in the county jail not more than three months, and for a second offense or second conviction, shall be imprisoned in the county jail not less than three months or more than one year. Each day that this act is violated shall be considered a separate offense. Approved April 10, 1905. CHAPTER 97. DIVORCE. (S. B. No. 23, by Senator Campbell.) AN ACT RELATING TO DECREES OF DIVORCE. Be it Enacted hy the Oeneral Assembly of the State of Colorado: Section 1. That all decrees of divorce heretofore Divorces here- granted upon verdicts rendered, wherein a less number of tofore granted jurors than six was impanelled, shall not be deemed in-^y ^"^y of less valid, by reason thereof, but shall be legal and binding, ^^^^^ ^^'^ "^^^^ the same as though they had been tried by a jury of six. Sec. 2. In the opinion of the General Assembly an Emergency. emergency exists; therefore this act shall be in force from and after its passage. ' Approved April 10, 1905. 186 DOCKING horses' TAILS. [Ch. 98. CHAPTER 98. DOCKOrO HOBSES' TAILS. (H. B. No. 28S, by Mr. Baer.) AN ACT TO REPEAL CERTAIN PARTS OF AN ACT ENTITLED "AN ACT TO PREVENT THE DOCKING OF HORSES' TAILS, OR PROCURING THE SAME TO BE DOCKED; TO PREVENT THE IMPORTATION OR BRINGING INTO THE STATE OF DOCKED HORSES; TO REQUIRE A REGISTRY OF ALL DOCKED HORSES NOW IN THIS STATE; TO PREVENT THE USE OF UNREGISTERED DOCKED HORSES; AND TO PRO- VIDE A PENALTY FOR THE VIOLATION OF THE PROVI- SIONS OF THIS ACT," APPROVED APRIL 6, 1899. RepeaL Docked horses allowed in State— when. Description furnshed. Emergrency. Be it Enacted hy the (General Aaaemhly of the State of Colorado: Section 1. Chapter 93, of the Session Laws of 1899, (pages 175 and 176) of the State of Colorado, is hereby repealed so far as it relates to the importation into, and use in, this State of docked pure bred stallions and mares from foreign countries for breeding or exhibition pur- poses only, as provided by an act of Congress entitled '^An act regulating the importation of breeding animals,'' and approved March 3, 1903, and to docked native bred stallions and mares brought into this State and used for bree'ding or exhibition purposes only; Provided a de- scription of each such animal so brought into the State, together with the date of importation and name and ad- dress of importer, be furnished to the State Bureau of Child and Animal Protection at the time of such im- portation. Sec. 2. Whereas, in the opinion of the General As- sembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. Ch. 99.] DUMB ANIMALS. 187 CHAPTER 99. u DUMB ANIMALS. (H. B. No. 138, by Mr. Vance.) AN ACT FOR THE PROTECTION OF DUMB ANIMALS. Be it Enacted by the General Assembly of the State of Colorado: Section 1. It shall be unlawful for any person to unlawful to cause, procure, encourage, aid or abet any dumb animal engage dumb to flight or. engage in combat, or to cause, procure, ^ii- combat^ *^ courage, aid or abet to be set down or released any^° captive dumb animal to be shot at or for dogs to pursue to release to be or to be in any other manner injured, frightened or har- shot or pursued. assed for sport or amusement or upon a wager or for^agers. the purpose or result of making bets upon the progress or result of such fight, combat, shooting, pursuit or other injury or affright. Sec. 2. Any person wilfully a spectator of or mak- wiifui specta- ing bets or wagers upon the progress or result of any tors held as such fight, combat, shooting, pursuit or other injury ^°^®^®°^*®^- or affright shall be deemed and held to be an accessory and shall be punished as a principal. Sec. 3. Any person violating any of the provisions Penalty, of this act shall, upon conviction, be punished by im- prisonment in the county jail for a period not exceeding one year or by fine of not less than ten dollars nor more than two hundred and fifty dollars, or by both such fine and imprisonment. Approved April 11, 1905. 188 ELECTIONS. [Ch. 100. CHAPTER 100. ELEcnoirs. REGISTRATION. (S. B. No. 20, by Senator Booth.) AN ACT CONCERNING ELECTIONS IN ALL COUNTIES AND MUNICI- PALITIES WITHIN THIS STATE, WHETHER CREATED BY DIRECT CONSTITUTIONAL PROVISION OR PURSUANT TO STATUTORY ENACTMENT, AND TO PROVIDE FOR THE APPOINTMENT OF A REGISTRATION COMMITTEE AND JUDGES OF ELECTIONS, AND THE REGISTRATION OF ALL QUALIFIED ELECTORS IN ELECTION PRECINCTS INCLUDED WHOLLY OR PARTIALLY WITHIN THE LIMITS OF CITIES OR MUNICIPALITIES WITH A GREATER POPU- LATION THAN FIVE THOUSAND INHABITANTS, AND TO PROVIDE FOR PUNISHING ALL VIOLATIONS THEREOF, AND TO REPEAL ALL ACTS AND PARTS OF ACTS INCON- SISTENT THEREWITH. Be it Enacted by the General Assembly of the State of Colorado: REGISTRATION LAW. PERSON TO VOTE MUST BE REGISTERED. No one shall Section 1. No person shall hereafter be permitted vote in cities of to vote at any general or special election, whether na- over Ave tional, State, district, county or city (excepting elec- reSttered"''^^^^ *^^^ ^^ school trustees) held in any election precinct in- cluded wholly or partially within the limits of any city with a greater population than five thousand inhabitants, without first having been registered within the time and in the manner and form required by the provisions of this act. Ch. 100.] ELECTIONS. 189 DEFINITION AND CONSTRUCTION. Sec. 2. The words and phrases in this act shall, uu- construction less the same be inconsistent with the context, be con- and definition strued as follows: of words. 1. The word "majority," when used in describing Majority, a majority of the registration committee herein provided for, to mean the two members of said committee who shall respectively belong to the opposing parties entitled to representation thereon. 2. The words "reasonable hours," mean the hours Reasonable of any week day between 7 a. m. and 9 p. m. hours. 3. The words "registration committee" and the Registration words "judges of election," to mean the three persons committee. provided to be appointed by this act, or "a majority "^J^^^^^ ®' thereof," as defined by this act. 4. The words "county clerk," to mean the county county cierk. clerk and recorder of each county, and in cities operating under special charter under any constitutional provision of the State, the officer or officers lawfully designated by such charter to perform the duties of county clerks in election matters. 5. The words "county commissioners," mean the county board of county commissioners of each county, and in commissioners, cities operating under special charter under any consti- tutional provision of the State, the officer or officers law- fully designated by such charter to perform the duties of boards of county commissioners in election matters. 6. The population of cities "the word city means city- also any city and county created such by constitutional amendment" and coming within the provisions of this act shall be determined by the latest federal census. 7. The words "orderly enter," mean to seek admis- orderly enter. sion to any residence, rooming house or hotel in an ordi- nary, courteous and gentlemanly manner. 8. In computing time for any act to be done before computuig any election, as provided hereunder, the first day shall**'"® be included, and the last day, to wit, election day, shall be excluded. If the time for any act to be done, as pro- vided for herein, shall fall upon Sunday, such act shall be done upon the day following such Sunday, and such Sunday Sunday shall not be included in any given number of excluded. 190 ELECTIONS. [Ch. 100. Liberal construction of act. days designated as the time in which any act is to be done or performed, as provided in this act. 9. This act shall be liberally construed, so that all legally qualified electors may be registered, and that those who are not legal electors may be kept from such registration lists, and that fraud and corrpution [cor- ruption] in elections may be prevented, and these pur- poses shall not be defeated by any informality or failure to comply with the provisions of this act as to any notice required by this act. Electors regrlstered by committee. Committee shall act as election Judges. Committee appointed by countj*^ clerk. Term of office. List of appointments. County chairmen certify to county clerk names of three electors. Willingness to act. REGISTRATION COMMITTEE— HOW CONSTI- TUTED—QUALIFICATIONS. Sec. 3. 1. The registration of electors in each of the several precincts in said cities shall be made by a committee, to be called the "registration committee," in each of said precincts as herein provided. The registra- tion committee shall also be the judges of election at any general or special election next following fheir appoint- ment and during their term of office. 2. The registration committee shall consist of three qualified electors in each precinct who shall be ap- pointed by the county clerk for each of the precincts in the county on the first Tuesday in July, A. D. 1906, and upon the same day every two years thereafter in the man- ner herein provided, and he shall make and file in his office a list of each and all persons so appointed therein, the names, business, postoffice and residence addresses and precinct and ward of each person so appointed. 3. Between the first day of May and the third Tues- day in June, A. D. 1906, and during said period, every two years thereafter, the county chairman of each of the two political parties in each county having cast the high- est number of votes for Governor at the last general elec- tion for State officers, shall certify to the county clerk the names of three qualified electors in each of the pre- cincts in such city or city and county, together with the postoffice, residence and business address of each of such persons so certified, except as herein provided. Each chairman shall also certify that the persons named are willing to serve upon the registration committee in their precincts respectively. Each county chairman shall des- Ch. 100.] ELECTIONS. 191 ignate the order of his choice of such names for service selection of upon the registration committee in each precinct, and the **"* ^^^ two persons so first designated by the two county chair- ^^^^^^^^ man [chairmen] of the two said political parties shall constitute two of the members of such committee. One of such political parties shall be entitled to the third Determination member of such committee in all even-numbered pre- of third cincts, and the other in all odd-numbered precincts in member of such county, and it shall always be the duty of the county *^^™™*"^- commissioners to number such precincts consecutively, beginning with number 1 in each ward, district or po- litical division of such city and county, city or town. On said first Tuesday in July the county clerk, or any deputy designated by him for that purpose, shall in the presence of the two county chairmen of the two said political par- ties, if they shall attend after personal notice is given them, determine by lot which of such political parties shall be entitled to the third member of the committee in the odd-numbered precincts. The third member of the county registration committee shall be the choice of the county chairmen choose chairman of the political party entitled to such choice ^^^"^ ™®"^''"* a8 provided herein from the names submitted by him, if ^^^^^ * • such choice be designated, and if not, the county clerk may select any one of said names. If for any reason any Failure of any one selected to act upon the registration committee re- member to fuses, fails or is unable to act at any time within forty- *^^' eight hours before any election, it shall be the duty of such member of the committee, or any member of the committee, to notify the county clerk, whereupon the county cierk county clerk shall forthwith, in the most speedy and eon- ^^^*,'^^^"^jy venient method, notify the county chairman of the polit- fauure. ical party to which such member so refusing, failing or unable to act belongs. Whereupon it shall be the duty county of the county chairman of such political party to forth- chairman with transmit to the county clerk the name of some other ^^^\\*J^ , elector in such precinct to act in the place of such per- name.^"^* son. If it is impracticable or impossible to notify such county chairman of any such vacancy in the committee during the time of registration, the majority of such inability of committee shall perform the duties of such committee county clerk until such vacancy is filled as provided herein. If the^^J^^y'^ majority of such committee in such case be not consti- chairman of tuted as provided in this act in such contingency th6 vacancy. county clerk shall designate to act upon such committee. 192 ELECTIONS. [Ch. 100. When county clerk may temporarily fill vacancy. Vacancy occurringr on day of election. Member entitled to place if appearing within six. hours. Office holders can not act in official capacity. County clerk issue certificates. Contents of certificate. Certificate mailed. pending the filling of such vacancy as provided herein^ some qualified elector in said precinct belonging to the I>arty entitled to such representation. Provided, how- ever, That the county clerk must designate some person who was named originally by the county chairman in the list submitted as herein provided, if any such person be willing to act. If a vacancy in such committee should oc- cur upon the day of election by failure of any member of such committee to appear at the polling place at the time provided by law for the opening thereof, the vacancy shall be filled by vote of the by-standers as now provided by law ; Provided, however. That if such member of the com- mittee shall appear at the {Killing place within six hours from the opening thereof, he shall be entitled to assume the place and act upon such committee, and in such event the election judges shall make note of such fact in their official returns from such precinct, and in no event shall any person so selected because of such vacancy on the day of any election be permitted to act for a longer period than during such election, but as soon thereafter as the duties of such judges for the particular election day are discharged, any vacancy shall be filled in the manner herein provided, but no person shall be eligible* to act or serve in any official capacity, or take any part ill the conduct of any election, except to vote, in any pre- cinct, who has held any official position in or has been in the employ of the city, or of the city and county, in the State, within ninety days preceding the election. 4. Within five days after the time provided herein for the designation and appointment by the county clerk of the members of such registration committee, it "shall be the duty of the county clerk to issue three certificates under his official seal certifying to the appointment of such committees in each precinct of such city as provided herein. Such certificate shall contain the name, busi- ness, postoffice and residence address of said member of such committee in each precinct, with a statement under seal of said clerk that they were selected by him in ac- cordance with the provisions of this act, one of which certificates shall be mailed by the county clerk to each of the members of such committee, addressed to his post- office address. It shall also be the duty of the county clerk within the said five days to transmit by mail to each of the respective county chairmen of the two polit- Ch. 100.] ELECTIONS. 193 ical parties aforesaid a ttne, exact and certified copy of cierk man the list of members of the registration committee* ap- county pointed as herein proTided in each preciiict in such city, ^^^^5^7* ^I?* or city and county and town. The original of such lists ^Q^^tt^^g/^** on file in the office of the county clerk, and all other regis- tration or election records, shall be public records and subject to the inspection and examination during office hours by any elector of the State, and to the right to make copies thereof. 5. With the certificates transmitted or delivered by oath enclosed the county clerk to the members of the registration com- ^^^^ certificates mittee in the precincts respectively, there shall be ^^i* be si^°e^ wid° closed the form of oath hereinafter set forth, which shall returned. ^ be filled out and. signed by each member of such commit- tee and returned and filed in the office of the county' clerk within five days after the date of such appointment. The said oath to be taken and subscribed by the members of the registration committee shall be as follows: "I, do solemnly swear (or affirm) Form that I am a citizen of the United States and the State of ^^ oath. Colorado, of the County of City of ; that I have resided within the limits of precinct, ward (or district) , for at least six months last past; that I am a bona fide member of the party; that I will faithfully perform the duties required of a member of the registration com- mittee and judge of election in election prfecinct , ward (or district) , in the city of , county, Colorado, according to law; that I will not ask any elector his or her political belief; that I will not wrongfully omit from registration the name of any qualified elector; and, that I will not knowingly register anyone who is not legally entitled to register, so help me God.^^ The oath shall be taken before any officer authorized Member not to administer oaths, and shall be filed in the office of^i"^^"^®** the said county clerk and shall be a public record. No ^*Jh-except"^ person shall be qualified as a member of such registration committee, except in case of vacancy on, or within forty- eight hours before, election day, or as otherwise provided in this act, until such oath has been duly subscribed. 194 ELECTIONS. [Ch. 100. Failure to make and file oath. sworn to or affirmed and filed as herein provided. In ease of the failure of any person selected to act upon the registratioq committee to subscribe, swear to or af- firm and file such oath or affirmations as herein provided within five days from the time of his appointment, the county clerk shall notify the county chairman of the political party who may have designated, or who may have been entitled to designate, such member of the com- mittee, and upon failure of such person to comply with this section within forty-eight hours thereafter, such fail- ure shall constitute a vacancy, and another shall be ap- pointed by the same authority in place of such member in accordance with the provisions of this act. Removal of committeeman. Notice of removal. Filling of vacancy. Neglect of duty. Fraud. Violation of oath. Irregularity of appointment. REMOVAL OF COMMITTEEMEN. Sec. 4. Any member of the registration committee may be removed in either of the following ways : "A" Upon the filing of a statement with the county clerk by the county chairman of the political party in whose behalf such member was appointed, charging that, after investigation, he is of the opinion that his party is not faithfully or fairly represented by such committee- man. Upon the filing of such statement it shall be the duty of the county clerk to forthwith notify such com- mitteeman of his removal and the cause thereof, when his successor shall forthwith be appointed as in other cases. ^*B" If any member of such committee has neg lected his duty in attending to such registration, or has committed, encouraged or connived at any frauds in con- nection therewith, or has violated any of the election laws, or has knowingly permitted others to do so, or has been convicted of any crime, or has violated the oath provided for herein, or has wrongfully hampered or in- terfered or tended to interfere with the due and regular performance of the duties of the registration committee or any member thereof, or committed any other act which interferes or tends to interfere with carrying out the pur- poses of this act to provide a fair and honest registration and election, or if the appointment of any member was not made in accordance with the provision of this act, such member may be removed from said committee in the following manner: Ch. 100.] ELECTIONS. 195 In any such case a complaint shall be filed in the complaint. District or County Court of the county at any time, pro- vided such time is at least five days before any election, setting up in brief and concise language the facts con- contents of stituting the cause for the removal of such member of complaint, the committee; whereupon the court shall issue a cita- tion to such committeeman directing him to appear at citation issue, a time within forty-eight hours thereafter to answer such complaint, if he desires so to do. The court shall Hearing. proceed summarily to hear and dispose of such complaint, and within forty-eight hours of the time of the filing of the answer may hear evidence in relation thereto. If the court shall decide that such committeeman shall be removed he shall notify the county clerk thereof forth- with, whereupon the chairman and county clerk shall in case of forthwith fill the vacancy as provided herein for original removal, appointments upon said committee. Such complaint may be filed by any elector and shall complaint filed be verified, but the verification ipay be upon information and verified by and belief. Any evidence given by any such accused com- e^^^tor. mitteeman at such hearing, or the result thereof, shall Evidence not not be used against him in civil, criminal or other pro- incriminating. ceedings. Upon the failure or neglect of the members of such registration committee, or a majority thereof, to upon failure of make the canvass and return the same to the county committee to clerk, according to law, or to otherwise perform the du- perform duty ties provided by this act to be performed by such regis- r^movai^^ tration committee and the members thereof, it shall be instituted. the duty of any member of such registration committee, any county chairman of a political party or organization, or any elector in the precinct for which such registration committee and each member thereof is appointed, having knowledge of such failure or neglect, to cause the proper action for removal to be instituted against such member of said committee. It shall also be the duty of the county clerk to take prompt and immediate action in all such vacancy, cases coming to his knowledge. Any vacancies occurring ^^^ ti^i&^- in such registration committee for any cause shall be filled in the same manner and with like effect as said committee is provided to be originally constituted and appointed. The validity of any part of the registration validity of alreadv completed, or other acts done or provided here- ^^^^ ^^"® ^^^ * anected bv under, if otherwise legally done, shall not be affected by removal. the removal of a member of such committee, but the same 196 ELBOnONS. [Ch. 100. Succeaaor proceed with duties. shall be in every respect valid and regular, and the suc- cessor of any such person removed, or retiring from such committee for any cause, shall proceed with such canvass and the other duties of such committee with like power and effect as though originally appointed as a member of such registration committee. COPIES AND RETURNS OP REGISTRATIONS. Three complete copies of regristration shall be made. Daily copies gec. 5. 1. .Any member of the registration commit- may be made. ^^ ^^^ make daily copies upon duplicate sheets of all registration made. It shall be the duty of the members of such committee to sign and certify to such copies when requested by any member of the committee. 2. At the end of the thirty-fifth day before election day provided herein for the making of such registration by canvass of the precinct by the r^stration committee, at least three complete copies of the registration shall be made forthwith upon blank sheets, and unless imprac- ticable, the same shall be made by manifolding upon the typewriter; or the same may be printed. Such sheets shall then be securely fastened together in the order of the originals thereof in the book of registration; or, if more convenient, such copies may be made in a book which shall be a duplicate of the original registration book. Such copies shall also contain a copy of the ce^ tificate required to be attached to the book of original registration. There shall also be a certificate attached to each of said copies certifying that the same is a true and correct copy of the original book of registration, at the date of the making of such copies. The said copies, together with the book of original r^strations, shall be forthwith filed, with the county clerk, who shall place his file mark thereon, and as soon thereafter as possible, and not to exceed twenty-four (24) hours, deliver one of such copies to each of such county chairmen, taking his re- ceipt therefor. There shall also be prepared by the reg- istration committee, a fourth copy of the registration list, containini? the names and addresses only of the electors registered by them, to .be posted in the precinct, as pro- vided in section 11 of this act. Corrections and 3. Not more than twenty-five nor less than ten days additions to before any election following the delivery of such copies, such county chairman may return such lists to the county Certificates attached. Copies filed with county clerk, who delivers one to each county chairman. Fourth copy to be posted in precinct. copies. Ch. 100.] ELECTIONS. 197 clerk, whose duty it shall be to add thereto any correc- tions or any additions made to the original book of regis- tration, and return the same to such county chairman within five days after the receipt thereof. 4« The original book of registration shall be deliv- original book ered by the registration committee to the county clerk ^' ^^8^^*''***°" at least twenty-seven days before any election provided ^®^^^y^^^ for by law requiring the registration of voters. At the time of each delivery of such book of registration, there shall be attached thereto a certificate signed and sworn certificate to by at least a majority of the registration committee attached, certifying as follows: We, the legally appointed committee of registration Form of for precinct , ward (or district) , upon oath do c*^**^*^*** say that we have diligently canvassed the said precinct, and have herein entered the names of all qualified electors according to law, and that we did sit at number , within the said precinct, between the hours of and , on the day of .19. . ., as provided by law, for the purposed registration of electors in said precinct, and we have in all respects complied with the law in making the registration of said precinct up to and including the date of this certificate. Committee of Registration for Precinct , Ward and do solemnly swear, by the ever- living God, that we have read and signed the above cer- tificate, and that the same is true to the best of our knowledge and belief. Committee of Begistration. Subscribed and sworn to before^me this day of , A. D. 19... 198 ELBCnOXS. [Ch. 100. Power to . administer oaths to obtain information pertaining to registration. False informant eruilty of perjury. Refusal to give information or giving false information misdemeanor. Penalty. RIGHTS OP COMMITTEE TO OBTAIN INFORMATION. Sec. 6. 1. Said registration committee shall have the right to administer oaths to any householder, owner, tenant, the proprietor or keeper of any rooming house, hotel, flat, apartment house, or other place of habitation, the person in charge* or any occupant thereof, to enable them to ascertain the names of the persons residing therein, who may be electors and entitled to be regis- tered, and all persons so placed under oath shall answer all questions concerning the occupants of such habita- tion, and any false or untruthful answer or statement wilfully given by such person while so under oath shall be deemed perjury and punished as is now provided by law for perjury ; and it shall be the duty of all such per- sons to furnish under oath when requested by such com- mittee or any member thereof any information within their knowledge or possession concerning the persons re- siding in any such place, so far as the same may be neces- sary to ascertain the electors who may reside therein and their qualifications as such. 2. Any person wrongfully or wilfully refusing to give such information, or wrongfully or wilfully giving such committee any information permitted to be ob- tained by this act, which shall be false or purposely mis- leading, shall be guilty of a misdemeanor, and on convic- tion shall be fined in a sum not to exceed five hundred dollars, or imprisoned in the county jail for a period not to exceed six months, or by both such fine and impris- onment, in the discretion of the court. County commissioners furnish registration books. Form for book. COUNTY COMMISSIONERS PROVIDE BOOKS, RE- TURN SHEETS AND ALL OTHER BLANKS ANB PRINTED MATTER. Sec* 7* !• The board of county, or city and county commissioners in each county, from time to time as re- quired, shall provide for each one of all such election pre- cincts of the city, or city and county, r^stration books, which shall be of sufficient strength and durability for the temporary regisA^tion provided for; such books shall be of convenient size and shax>e, and ^all be arranged for the registration of names in alphabetical divisions, each Ch. 100.] ELECTIONS. 199 alphabetical division to be composed of ruled columns with appropriate headings, under which the information obtained by the registration committee concerning, or the proper answers and statements made by each elector in being registered in compliance with this act, shall be recorded. The names of the electors as registered, shall Electors be numbered under each alphabetical division, consecu- numbered, tively, from one (1) upwards, and the date of registra- Dg^t^ ^^ tion shall also be recorded. There shall also be ruled registration, columns under each one of said alphabetical divisions for the signature of electors, information as to their quali- signature of fications and the registration committee; also, a column ®^®^*^^- with a heading "Registration Changed From," and sub- headings "Election Precinct No ," and "Regis- try No ,'' whereunder in all cases of change of registration made necessary by change of residence of any Previous elector shall be stated the election precinct and registry registration. number of the elector's previous registration. Thei'e shall also be a ruled column headed "Remarks," under Remarks, which shall be briefly noted any important information affecting the registry of the elector, whose name they follow, including any explanations of any erasure or other suspicious appearance in such registration, as well as the change in the registration of the names of the electors by reason of a change of residence. 2. There shall also be provided for such registration commissioners committee a sufficient number of loose blank sheets cor- furnish other responding to the pages of such registration books, in^^PP^^®®- order that such registration committee may, as con- veniently and inexpensively as practicable, make suffi- cient copies of such registration books. There shall also be provided for such registration committees all other printed blanks of certificates, notices, forms or other printed matter or supplies which may be necessary to perform their duties under the provisions of this act. PRINTED FORM OF REGISTRATION BOOKS. Sec. 8. The headings of said alphabetical divisions aforesaid of the registration books for each election pre- cinct, shall be substantially as follows, viz: 200 ELBcrnoNS. [Ch. 100. s, M B S5 u o •o - "g •J • g ^ H-l H S ^ S5 t • -*» 00 1 «M o 5 Is Q 6 !z; Ch. 100.] ELECTIONS. 201 II III 5|S II 5g| PI 202 ELECTIONS. [Ch. 100. 5--J "•9|| pi ^ Q » Oh ■ 1 b BSS o . 3i^ * 55 O H 0^ & S o H C GO O f. -< ^ w « * 1 ^ ■-1 n 1 *. «M s« $0 §§ a er 5.^ ^ ^ 5 dt*T i 1 0* HH n ^ 03 5z; s H ^ Q CS3 ^z; H _^ ^ Q IB Q ^^___ -. *« , ." 9 «4 « ^ W . «M ^ OQ 5 ®§a S 8:28 00 o:S eS :)qQh Ch. 100.] ELECTIONS. 203 1 r ( ^5 1 '* 02 1 1 1° - i< 11 3i i 204 ELECTIONS. [Ch. 100. Name. Married or single. Place of residence. Owner or tenant. Native bom or naturalized. Description of elector. Profession. Address. Educational qualifications. Former residence. QUESTIONS TO BE ANSWERED. Sec. 9. It shall be the duty of each qualified elector to be lawfully registered to answer concerning the fol- lowing matters : (1) Name in full. (2) Whether married or single. (3) Place of residence, which, if urban or sub- urban, shall be located according to its street number, or if there shall be no street number, then by the number and description of the lot or lots in the block or blocks in the addition, division or sub-division into which the land upon which the residence is located is divided; in all other cases the residence shall be located by the sec- tion or sections or subdivisions thereof, in the township and range as established and numbered by the United States government survey. (4) Whether owner of, ten- ant of, or lodger with occupant of residence. If the voter is a lodger in any rooming house or hotel the number of the floor and the number of the room shall be given, and stated in the registration book. (5) Whether a native born or naturalized citizen of the United States. If a naturalized citizen, the applicant shall state how natural- ized, whether by naturalization of self, parents, or other- wise; applicant shall state as near as may be to his best knowledge, information and belief when self, parents, or, if a female, when husband, were naturalized, the place and time of naturalization and by what court the natur- alization papers were granted. (6) A description of his^ person, consisting of his height, age, sex, complexion, color of eyes, and any other physical features by which he can be readily identified. (7) His profession, business- or employment. (8) His postoffice address. (9) The appli- cant shall comply with any educational qualification re- quired by law. It shall only be necessary for a female voter to state that she is twenty-one (21) years of age and over in answer to all questions relating to her age. It shall also be required that all persons state their former place of residence. METHOD TO BE PURSUED BY REGISTRATION^ COMMITTEE IN MAKING REGISTRATIONS. County clerk furnish registration books. Sec. 10. 1. The registration committee shall be- provided by the county clerk with a book made in con* formity with the provisions of sections 7 and 8 of this, act and such other supplies as are necessary. All regis- Ch. 100.] ELBonoNS. 205 tration shall be made in ink and shall be made only in Registrations the registration book furnished. Each elector registered made in ink. shall answer the questions concerning all the matters re- Elector answer qnired by section 9 of this act and sign his or her name, <iu«st*onB and or, if unable to write, make his or her mark, and the ^^J^^^j^*^"^ answer so made by the elector shall be entered in the said book by the member of the registration committee selected or directed by the committee to make such en- tries, in the proper place, and shall, together with the Attested by signature of the elector, be attested by at least a major- majority of ity of the registration committee, the elector first taking °°™™ ®®' the following oath before one of the members of said Elector take registration committee, all of whom are hereby empow- ®®'*^- ered to administer such oath or any other oath necessary to the performance of their duties under this act or the carrying out of its proyisions: "I, , do solemnly swear (or aflSrm) Form of oath. that on the date of the next ensuing election I shall be over the age of twenty-one years and shall have resided in the State of Colorado at least twelve months immediately preceding the said election, and in the county of ninety days, and in precinct of ward (or district) tea days, and that I am a citizen of the United States and a qualified elector in said precinct.'' 2. At least a majority of such registration commit- committee tee shall, together and jointly, make a house to house make house to canvass of the precinct for which they are appointed, for ^^"^® canvass. the purpose of registering the qualified electors of the precinct, beginning on the forty-fifth day before election and continuing not to exceed the thirty-fifth day before election until their precinct is thoroughly canvassed, but compensation. shall receive pay for not to exceed four days. On the Committee sits thirtieth day preceding the day of election said registra- foTpurpose tion committee, or at least a majority thereof, shall sit of maWhg at some suitable place to be provided by the county com- registrations. missioners, selected in accordance with the methods and law of the State for the provision of polling places for elections, which place shall be as far as practicable cen- trally located within the precinct, from nine o'clock a. m. until nine o'clock p. m., and shall place on their registra- tion books the names of all qualified electors of their pre- cinct, who were not registered by the canvassers and 206 ELECTIONS. [Ch. 100. Protest aerainst resristration— when. Committee may strike name from list. Appeal to District or County Court. Protest and two copies filed. Protest and copies returned to county clerk. County clerk mall copy to chairmen. Notice to be left at each house. Form of notice. who shall present themselves for registration and take the form of oath hereinbefore set forth. Any county chairman or his representative or any qualified elector in such precinct may also appear at such time and protest against the registration of any name already appearing upon said registration list which is claimed to be illegal or fraudulent, and a majority of such committee, if satis- fied any such name is illegal or fraudulent, may strike the same from the list, subject to the right of any such person to apply in a brief petition to the District or County Court to have his name restored to such list if legally entitled to remain there. No fees shall be charged or collected in any such case where such petitioner's name may be restored to the registration list. Such pro- test and two copies thereof must be filed in writing with such registration committee upon said day, and it shall be the duty of the committee to return the said protest and copies thereof to the county clerk at the time of mak- ing return of such registration book as provided herein, with a statement by all or any one of said committee as to any knowledge or information obtained ; their opinion as to the truth or falsity of such protest, and their action in respect thereto, which statement shall remain on file with the county clerk. Forthwith, upon such filing with the county clerk, it shall be his duty to deliver or mail a copy of such protest so filed with him to each of the two county chairmen. Such statement filed by the regis- tration committee, or any member thereof, shall be con- veniently kept with the registration book or records from such precinct and subject to public inspection. 3. At the time of making the house to house can- vass, the registration committee shall leave at each house a printed notice, which notices shall be in form substan- tially as follows : The legally appointed regiiatration committee for registration in this precinct, to wit: Precinct , Ward, , will sit at No , street (or other description), from 9 o'clock a. m., until 9 o'clock p. m., on the day of , A. D. 19. ., for the purpose of registering such persons as are not registered in their canvass before that day, and for the inspection of their books, and to answer any inquiries concerning registration by any elector, resident of this Ch. 100.] ELECTIONS. 207 precinct. Any person not registered, but desiring to be, must appear before the registration committee at said time and place. Registration Committee. It shall be sufficient if such notice is signed by a majority of such registration committee. ^ PURGING OF REGISTRATION. Sec. 11. 1. Not more than twenty-five, nor less than verified eighteen days before any election, each county chairman, petition filed, or any other qualified elector, may file in the County or ^®*"^^j^°^*^ District Court a petition, which shall be under oath, al- registration. leging that the petitioner has made careful investigation, and believes that names registered by the registration committee are illegally or fraudulently registered in cer- tain precincts, which shall be stated. The petitioner shall set forth consecutively and in alphabetical order each of such names, with the address given in the regis- tration book in each precinct, and the names of the regis- tration committee in siich precinct. Such petition shall state briefly the facts upon which such charge of ille- gality or fraud is made. The verification may be made verification. upon information and belief. As soon as possible, and within twenty-four hours after the filing of such petition, the clerk of the court shall mail to each member of the registration committee in such precinct and to each Notice to name and address alleged therein to be illegal or fraudu- members of lent, a written or printed notice of the filing of such peti- committee. tion. The notice to the members of the registration committee shall be substantially as follows: You are notified that on the day of , Form filed in the Court a of notice. petition asking for the purging of certain names from the registration list in precinct ward , and that it appears from the rec- ords that such registration was made by you, and that you have represented it to be legal and correct. The petition charges that the following names in said pre- cinct registered by you are illegal or fraudulent, to wit: 208 BLBCnONS. [Ch. 100. (Here follow with names and addresses in alpha- betical order.) You are notified to appear and answer the charges of said petition at the hour of o'clock on the .. . day of , 19 , at the Court, at the court house, in the city of You are further notified that failure to appear, without good or sufficient excuse, renders you liable for contempt of court and punishment accordingly, as pro- vided by the registration law. You are also notified that it is your duty, under the law, to use diligence to notify each of the above persons of the time of such hearing, and to make report of your acts and conduct in this respect to the court accordingly. Clerk. Notice to party Form of notice. The notice mailed to the name and address of each person in such precinct mentioned in such petition as being illegally or fraudulently registered shall be sub- stantially as follows: You are notified that (stating the oflScial position of such petitioner, if the petitioner should be a county chairman, member of a registration committee, or otherwise), has filed a petition in this court, asking for the purging of the registration in pre- cinct , ward It is charged in such petition that your name appearing upon the registration lists of such precinct was illegally or fraudulently registered. You are notified that said cause will be heard at the Court, at the court house in the city of , at the hour of o'clock, on the day of ,19 , and you are requested to be present in person or by agent or attorney to answer th6 said charge. If you fail to appear you are notified that your name will be stricken from such registration list if it appear to the court that the charge is true. Clerk. Cll. 100.] ELECTIONS. 209 2. It shall be the duty of any person filing a peti- Duplicate tion as herein provided, for the purging of registration, copies of to file therewith two duplicate copies of the same, and P^^^tion filed. it shall be the duty of the clerk of the court to immedi- cierk of court ately deliver or mail to each of the two county chairmen deliver to one such duplicate copy, together with a notice stating ^^^*'*™®^ that the original of such copy has been duly filed in his"^^*^ '^'^^^''^• office, stating the time of such filing and the time and ' place when the cause is set for hearing. 3. It shall be the duty of such registration com- committee mittee to use diligence in notify [notifyii;ig] any persons shaii notify mentioned in such petition as being illegally or fraudu- elector o^ lently registered of the time and place of such hearing, p^°*®^*- and also to furnish the court with any information they, Furnish court or either of them, have been able to obtain regarding any with such voter, his qualifications as an elector, and the facts information. concerning his registration. Any member of such regis- committeemen- tration committee who shall wrongfully or wilfully fail when in to appear at such hearing may be adjudged guilty of con- co^^^e^pt- tempt of court and punished accordingly. 4. Any person whose name is charged to be ille- oath by gaily or fraudulently registered, who shall appear in per- party as to son and make oath that he or she is a legally qualified ^salification. elector to vote in such precinct, or any person not pres- party not ent, whom any one member of such registration com- present, oath by mittee shall make oath in open court is a legally qualified committeeman. elector in said precinct, shall be, for the purpose of such conclusiveness hearing, conclusively entitled to have his name remain of right to upon such registration. Any person making such oath registration. in open court shall be subject to cross-examination by^ross- the petitioner or any person representing the petitioner examination. at such hearing. If any person at such hearing shall claim that any one thus retained upon such registration Record sent to list by such oath or affirmation is not a qualified elector district in such precinct, a record of the fact shall be made and ^'"o^^y- transmitted to the district attorney. 5. In all caaes, except those which shall be con- where clusively entitled to remain upon the registration lists registration not by reason of the oath or affirmation provided in the last conclusive, paragraph of this section, the court shall investigate sum- ^^^ll^^ marily and within 48 hours after the close of the evidence summal-ny. determine whether or not such charges are sustained. At the close of such hearing the court shall announce 210 ELECTIONS. [Ch. 100. Court announce names not entitled to registration. List o£ such names certified to county clerk. Clerk strike names from lists. Filing petition without reasonable Nor in good faith. Misdemeanor- penalty. Petitioner may be charged, by affidavit, of improper motives in filing petition. Misdemeanor- penalty. Hearing summary and without delay. Pleadings. the names in such petition as to which such charges ap- pear to have been sustained, and shall direct the clerk of the court to forthwith certify to the county clerk the lists or names of such persons, with their addresses in each precinct and ward, arranged alphabetically and ac- cording to precincts, the registration of which is, in the opinion of the court, illegal or fraudulent. It shall there- upon be the duty of the county clerk,, upon the receipt of said list from the said court, to forthwith strike such names from the registration lists in the proper pre- cinct by ruling a red line through such name, with the notation in the column for "remarks" that such name or names were stricken out in pursuance of the order of such court, giving the date of such order. 6. Any person who shall without previous investi- gation, or without reasonable cause or excuse, wilfully charge in any petition filed in such court that the name of any person upon such registration book or lists is il- legal or fraudulent, or who shall not file such petition in good faith, or who shall file the same for the purpose of hindering or delaying any registration or any election, and not for the purpose of purging such registration lists of illegal and fraudulent names, shall be deemed guilty of a misdemeanor, and on conviction shall be punished as provided in section 6 of this act. Any member of the registration committee, or any person whose name is charged to be illegally or fraudulently registered, shall have the right to charge 'by written affidavit filed in such cause, which affidavit may be upon information and be- lief, that the person filing such petition is not acting in good faith, but has been guilty of any of the acts or im- proper motives mentioned herein, and if, upon hearing, any of such charges are in the opinion of the court sus- tained, such person shall be guilty of a misdemeanor, and on conviction shall be punished as provided in section 6 of this act. 7. All hearings of any such petition or other issues raised thereby shall be summary, and not subject of delay. 8. No other pleadings than the said petition and affidavit shall be permitted to be filed in any such cause. 9. The court shall have the power to subpoena any person or persons as witnesses at such hearing and make Ch. 100.] ELECTIONS. 211 any necessary investigation to ascertain the truth of any power of court of the charges in such petition, provided the method of to subpoena such investigation shall not cause unnecessary delay or ^^^'^®®®®®- interfere with the final disposition of such cause within the time provided for herein. The decision of the court Decision of in any such case shall be final, and no appeal shall lie court final. to any other court ; except that the Supreme Court may Review by in the exercise of its discretion, review any such judicial Supreme court. proceedings in a summary way. 10. For the purpose of aiding in the purging of Making registration, and to make such registration lists acces- '*®8^^*'*^**°^ sible and convenient to any elector who may desire to "®*® accessible. inspect the same, a copy of the registration li&t of each precinct, containing the' name and address only of each elector registered, shall be made by the registration com- mittee and certified to as correct as then {completed on certified copy the twenty-fifth day before election, when it shall be ^^^^,^^^^ ^^ posted by said committee, at the place where the regis- place of tration committee act in said precinct. The said list registration. shall remain posted until after the day of election. Any Penalty for person wilfully tampering with, altering, mutilating or altering or destroying such list shall be subject to the penalties pro- gu^h ^^t*^ vided by section 18 of this act; Provided^ That ten days before election the registration committee shall cause committee may any necessary corrections to be made in such list and for ^o™ ections ^^^ such purpose may temporarily remove the same; the pen- alty for tampering with or destroying such list shall be Notice of printed in a conspicuous place on the outside thereof , ^^^*^^J^^ ^^'"^^^ and the registration committee shall adopt reasonable posted in methods for the posting of such list so as to protect it conspicuous from the weather or theft, and make it accessible to the p^*°®- public at reasonable times, and they shall sign their Committee names and addresses on the cover of such list. ^^^ "^*- CHANGING ADDRESS. Sec. 12. Any qualified elector who has been regis- change of tered and who, subsequent thereto, shall have removed registration not from the precinct in which he is registered to some <^ther ^^^^^^^J^^^®'* precinct, may appear before the county clerk at any timeei^ction.^*^^ within a period of not less than ten days prior to the day of any election, and, upon making oath as to his pres- ent residence in said precinct, said county clerk shall How made. 212 ELECTIONS. [Ch. 100. Changes In same precinct. draw a red line through the registration of said voter^ making note as follows: "Changed 19. . ., to pre- cinct , ward (or district) /' and shall register in red ink such elector in the registration book for the precinct to which he has moved. Change from one num- ber in the precinct to another number in the same pre- cinct may be made in the same manner. The county clerk or deputy making such change shall sign his or her name in the column for the signature of the registration committee. DUTIES OF COUNTY CLERK TO MAKE COPIES FOR ELECTION. County clerk make complete list of qualified voters. Deliver lists to election judges. Certificate of clerk attached. Forfeit by clerk for incorrect omissions or additions. Recovered by whom. Sec. 13. It shall be the duty of the county clerk of any county wherein any such city is situate, at least five days before the day of any election therein,.whether na- tional, State, district, county or city, or whether general or special (excepting election of school trustees), to make full and complete certified copies of the registration lists of the qualified voters in their respective election pre- cincts, for use in the holding and conducting of such election upon the day thereof, and deciding who shall be entitled to vote thereat, and to deliver such lists to the election judges for the proper precinct one day prior to such election. To each of such copies so delivered to the said election judges, it shall be the duty of the county clerk to attach his certificate, under the seal of his office, setting forth that the said copy contains a full, complete and accurate' list of the qualified voters in each such election precinct, as the same appear upon the original registration books on file in his office. Each such county clerk shall forfeit the sum of |10. for each and every name incorrectly omitted from or added to any such copy, in case of an omission the said sum to be recovered by the party whose name is so incorrectly omitted in an action brought by him or any person to whom he may have as- signed such claim against said county clerk in any court of competent jurisdiction in the county, and for each and every name so incorrectly added to such copy a similar sum shall be deducted by the county commissioners of such county from any aniount due by the county to said county clerk. Ch. 100.] ELECTIONS. 213 It shall be the duty of the registration committee Registration acting as a board of election judges for each precinct i^-andh^^^ eluded within any such city for any such election, to call obtained by in person at the oifice of the county clerk and recorder judges, one day prior to such election, for the purpose of receiv- ing such copy of the registration lists. Said registration lists shall be furnished to said judges in a sealed en- ^*sts in sealed velope, which said envelope shall not be opened until ®°^®^°^®®* the morning- of election day at the polls in the presence when opened, of the judges. Which copy shall be delivered to two judges, one belonging to the political party which cast the highest number of Votes for Governor in the last gen- eral election and the other belonging to the party which cast the next highest number of votes at such election, and both such judges shall receipt to the county clerk for such copy of the registration lists, and the custody custody of said registration list shall be with the minority judge °^ "®*^- of election in each precinct. BOOKS PRESERVED— MISCELLANEOUS. Sec. 14. The oaths or aflSrmations provided for in Books preserved this section shall be preserved by the county clerk with ^omm?ttee the books and papers of each precinct, respectively, until appointed. a new registration committee is appointed, as provided by this act. The old registration bool^, records, aflflda- vits, statements or other papers, may be destroyed after the appointment of such new registration committee. Such registration committee, clerks and electors, by their signatures, in the place provided in this act in said regis- tration books, shall be conclusively deemed in law to have duly verified the registered correction of change verification therein of any elector, respecting whom such registered o' registered correction or change was made, in substance, manner and <^°^''®<^^*o^- form as aforesaid, and shall for false attestation, swear- Penalty for ing or certifying, be subject to the penalties prescribed 'a^^se swearingr • in section 18 of this act. Said registration books, certift- ^^ certifying. cates, oath, statements or certified copies of the same by Books, etc., the county clerk, or a certified copy of entries therein by admissible in such clerk, shall be admissible in evidence as proof of the ®^'^^ence in taking of said oath or affirmation in all cases of criminal prc^eedings. proceedings for the punishment of false attestation, swearing, registration, certifying, signing or issuing of any paper or statement provided by this act. Upon re- quest of any registered elector, it shall be the duty of the 214 ELBX3TIONS. [Ch. 100. Duty of clerk to furnish certificate of regristratlon. Fee for certificate. Rights of rejected voter. Registration books left in custody of county clerk. Commissioners provide precincts. Precincts not created or changed less than five months beforei election. Committee appointed within ten days after change. Precincts not to contain over 500 votes. county clerk to make out and deliver to such elector a certificate of the registration of such elector, setting forth the fact of such registration, including the date, descrip- tion and other information recorded in connection with the registration of such elector, which certificate shall be attested by the hand of the county clerk and seal of the county. The county clerk shall be allowed a fee of five cents for each of such certificates, to be paid by the applicant. Any voter whose vote is rejected because of an error made in transcribing the oflScial register, shall be entitled to vote upon producing to the judges of any election a certified copy of his registration, showing his right to vote. Registration books shall be left in the custody of the county clerk, who shall be responsible therefor, except when in actual use by the registration committee in the performance of their duties. The mas- culine pronoun used herein shall also include the femi- nine. MAKING NEW PRECINCTS. Sec. 15. The board of county commissioners or other proper authority required by law to provide for the proper and sufficient number of election precincts in each city, or city and county, as directed by the statutes of the State, shall not change the boundaries of, or create any new election precinct or precincts wholly within the limits of any city or city and county, or within the pro- visions of this act within less than five months prior to any city, county or State election; and whenever they shall change the boundaries of, or create a new election precinct or precincts, as provided by law, within ten days after the creation of such new precincts or changes of such boundaries, it shall be the duty of the persons charged with such duties under this act, to forthwith proceed in accordance with the directions and provisions of this act to appoint a registration committee for such new precincts. Said registration committee shall proceed to perform the duties of such registration committees as provided by this act. The officers charged by law with such duty, shall, whenever necessary, on or before five months prior to any election, as herein provided, create election precincts or alter or divide any existing election precincts in any city or city and county within Ch. 100.] ELECTIONS. 215 pp- the provisions of this act, in such manner that each elec tion precinct shall contain not more than 500 votes. COMPENSATION. Sec. 16. 1. The county clerk of each county shall compensation oi be authorized to receive from the county the sum of five county cierk. cents for each change of registration made on the appli- cation of any qualified elector in pursuance of the pro- visions of this act. The county clerk shall receive from the county the sum of five cents for each notice issued and mailed under the provisions of this act. 2. Each member of the registration committee pro- compensation vided for in this act shall receive as compensation for his of registration services, to be paid in the manner and in accordance c<^™"^***««- with the laws providing for the payment of election judges or similar election officials, the sum of three dol- lars (f3.00) per day of twelve hours each, for not to ex- ceed five days for registration, and the sum of five dol- lars (15.00) for acting as judge of any election. 3. The registration committee are hereby author- compensation ized to employ a clerk or clerical assistants to make of employes copies of the registration lists herein provided for, at not °* committee. to exceed the sum of f 10.00 for each precinct for such copies of registration lists provided for by this act. Such committee, or any two members thereof, are authorized to sign a certificate certifying that any person named by them in the certificate has performed such clerical serv- committee signs ices, stating the amount thereof, and the county, upon certificate of the presentation of such certificate to the proper offii.'ers employe. of such county, shall pay the same as election judges or other election officials are paid. The county clerk shall be allowed a fee of one cent per name for each precinct Fee of county for which he shall furnish such copy of registration lists, cierk for to be paid by the applicant; but such county clerk shall registration receive no fee for any copies of registration lists prepared "^**'' by the registration committee and filed for any purpose with such county clerk. When such lists are furnished or such services performed as herein provided or referred to, in and about any city election for the city officers or other city purposes only, such city shall pay to the regis- city shall pay tration committee, county clerk or other person entitled expenses of to compensation by the provisions hereof, a similar sum ^^*^ elections. 216 ELECTIONS. [Ch. 100. how appointed. for similar services as herein provided to be paid by the county in the case of elections held in such county. Compensation 4. The Compensation for any election officer now of other election provided by law, not herein provided for, shall be as officials. jjQ^ provided by the laws of this State. Election clerks- gec. 17. Each of the said political parties shall be entitled to a clerk in each precinct at each election, to be appointed by a majority of the judges in each pre- cinct upon the recommendation of the chairman of such party. PENALTIES. . Sec. 18. Any person who shall make false answer, either for himself or another, or who shall violate or at- tempt to violate any of the provisions of this act, and knowingly permit or encourage another to violate the same, or any public officer or officers or other person, upon whom any duty is imposed by this act or any of its provisions, who shall wilfully neglect such duty, or who shall wilfully perform it in such a way as to hinder the objects and purposes of this act, shall, excepting where some other penalty is provided by the terms of this act, be deemed guilty of a felony, and upon convic- tion thereof, shall be punished by imprisonment in the Penitentiary not less than one year, nor more than five years, and if he be a public officer, shall also forfeit his office. Sec. 19. Any member of the registration committee .of any precinct appointed under this act who shall wil- fully lose, destroy, deface, change, alter or falsify the registration list or lists, book or books, or any copy thereof, or cause or allow the same to be done, or who shall fail to properly account for such list or lists, book or books or copies thereof, or fail to deliver the same to the county clerk as required by law, or who fails to take the oath or affirmation provided for by law, or fails to perform any other duty within the time and manner prescribed by this act, shall forfeit his claim to any pay or compensation provided by this act, and shall also be subject to the penalties prescribed in section 18 of this act, and any person whosoever who shall wilfully or maliciously take, steal, carry away, destroy, deface, change, alter or falsify the said registration books, lists Violation of act. Neglect of duty. Felony. Penalty. Wilful loss, destruction or alteration of registration lists by member of committee. Failure to deliver lists to county clerk or take oath. Penalties for such failure. Ch, 100.] ELECTIONS. 217 or any copies thereof, or cause the same to be done, or wiifui taking, who shall interfere with any of the members of said destroying or reg:istration committee when in the performance of their ^^^^i"*^^. duties as such registration committee or judges of ^t^J^^^i^ot^^ election, as herein set forth, shall be subject to the interference penalties prescribed in section 18 of this act. Upon the with committee. making and filing of an aifidavit with the district at- Penalty. torney by the county clerk or any resident elector of the precinct who is qualified to be registered, to the effect. Affidavit of that any member of the registration committee, or any violations. other person or persons, have violated any of the pro- visions of this act, in which affidavit the nature of such violation and the facts with reference thereto shall be District stated, it shall be the duty of the district attorney to attorney forthwith investigate and prosecute the same. prosecute. CITY ELECTIONS. Sec. 20. The registration committees for the pre- committee cincts respectively of each city, city and county, and p®'"^®"**^ ^*™® town within the provisions of this act shall perform like ^i" ctjons as ^n duties at like times before any city election, and in like oi;her elections. manner as in the case of other elections, in every respect conforming to this act and the provisions thereof in mak- ing registrations for such city election and acting as judges thereof in the respective precincts upon the day of such city election. TEMPORARY REGISTRATION COMMITTEE. Sec. 21. In all counties in which any special or Appointed for other election may be held for county or city officers in elections before any city or county within the provisions of this act prior -^^^y- ^^• to the first Tuesday in July, 1906, there shall be a tem- porary registration committee appointed to act until said first Tuesday in July, 1906; such temporary registration committee shall be appointed- in the same manner as the How appointed. registration committee provided for by this act, having all the rights, duties and powers of such registration com- Rights and mittee, and making the registration of voters under the^^uties. provisions of this act, for any such election, in the same Appointment manner as provided for by this act for elections ; Pro- must be two vided. The time of appointment of such committee shall months before be two months before any such election, and the time of ®^®^**®^' 218 ELECTIONS. [Ch. 100. Need not be residents of precinct. Right to appoint alternate. Not to exceed two watchers In pollinsr place. Judges must protect watchers. Interference and intimidation^ Felony. submitting names by the county chairman [chairmen] to the county clerk, as provided herein, shall be at least two weeks before the appointment of such committees, and the time of performance of all acts and duties of such temporary registration committee shall be a like time before such election as herein provided to be per- formed by the registration committee before any other election. . WATCHERS AND CHALLENGERS. Sec. 22. Watchers and challengers shall be allowed at any election as now provided for by law; Provided, however, That such watchers or challengers need not be residents of the precinct. Each challenger or watcher shall have the right at any time to appoint an alternate to take his place, with all the rights and duties of such watcher or challenger, to act during such time as such watcher or challenger may be absent from such precinct, and not to exceed t\vo persons designated by such watcher or challenger may remain in or about the polling place during the counting of the vote and certifying the re- turns ; and it shall be the duty of the judges of such pre- cinct to protect such watchers and challengers in all the rights guaranteed them by the statutes of this State. Any watcher or challenger who shall, without a sufficient cause, raise any unseemly disturbance ' at such polling place, or unlawfully attempt to intimidate or interfere with any judge or judges or other person having the right to be in or about such polling place, or any judge or judges of election or other persons who shall unlawfully intimidate, threaten, or otherwise unlawfully interfere with such watchers or challengers shall be guilty of a felony, and subject to the penalties provided by section 18 of this act. Complaint— where filed by- district attorney. Complaint verified. SPECIAL PROSECUTION OF ELECTION CASES. Sec. 23. In order that all such cases may be prose- cuted speedily and impartially, the district attorney is hereby authorized and empowered to file a complaint in the District Court, or, in case such offense is a misde- meanor, in the County Court of the county where the offense is committed, charging any person or persons with a violation of this act. The complaint shall be verified. Ch. 100.] ELECTIONS. 219 It shall be the duty of the court to issue process in such case forthwith as in other criminal cases, and it shall be the duty of the district attorney and the court to proceed without delay to a speedy hearing and trial of such speedy trial. cause, and to this end the same may have pre'cedence over all other causes then pending in such court. LAW TO EXTEND TO CITY AND COUNTY OF DENVER. Sec. 24. This act, and every part thereof, as to the Act extends to election of all State, congressional, district, county, city what elections. or municipal officers to be voted for at any election shall apply to all cities and municipalities within the pro- visions hereof, whether organized, established or created by any direct constitutional provision, or pursuant to statutory enactment, or other power or authority, and it is the express purpose of this act that it apply to elec- Especially to tions in the City and County of Denver, notwithstanding c"y and county anything now or hereafter in the charter of said city and ^' ^^^v^**- county to the contrary. REPEALING CLAUSE. Sec. 25. All acts and parts of acts inconsistent with Repeal. the provisions of this act, as well as all penalties there- under, are hereby repealed; Provided, Nothing herein shall be construed as a repeal of any act concerning regis- * tration and its application to elections in election pre- cincts not included within the limits of cities of the classes and population mentioned in section 1 of this act. Sec. 26. In the opinion of the General Assembly an Emergrency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 5, 1905. 220 ELECTIONS. [Ch. 101. CHAPTER 101. ELECTIONS. VOTING MACHINES. (H. B. No. 814, by Mr. Frewen.) AN ACT TO AUTHORIZE THE USE OF VOTING MACHINES AT ELEC- TIONS HEREAFTER TO BE HELD IN THIS STATE, OR IN ANY SUB-DIVISION THEREOF, AND PROVIDING THAT THE VOTES CAST AT ANY SUCH ELECTIONS MAY BE REGIS- TERED OR RECORDED AND COUNTED AND THE RESULT OF SUCH ELECTIONS ASCERTAINED BY SUCH MACHINES. May be used In all elections. Be it Enacted by the General Assembly of the State of Colorado : Section 1. In all elections hereafter held in this State for presidential electors and members of congress, or either of them, and in all State, county, city and county and town elections, and in all other elections hereafter to be held in this State or in any political divi- sion thereof, for any purpose whatever, voting machines may be used; and at any and all such elections the vote or ballot may be had and taken and the votes cast thereat registered or recorded and counted^ and the result of such election or elections ascertained by voting machines instead of in the mode and manner now established by law; Provided, That the use of said niachines at any such election or elections shall be subject to the re- quirements, provisions, terms and conditions of this act hereinafter contained. Governor Sec. 2. Within thirty days after this act shall take appoint state effect and be in force the Governor shall appoint three Board of Voting persons who shall constitute "the State Board of Vot- ciTmmiMioners ^^^ Machine Commissioners,'' sho [who] shall be sworn to perform their duties faithfully; the members of said Term. board shall hold oflBce for the term of five years; their successors shall be appointed by the Governor for terms Proviso. Ch. 101.] ELECTIONS. 221 of five years; any vacancy occurring in said board by vacancy, death, resignation or otherwise, shall be filled by the Oovernor for the unexpired term only; any member of said board may be removed at the pleasure of the Gov- ^®™*'^^^- •ernor; no member of said board shall have a;ny pecuniary interest, directly or indirectly, in any voting machine; •at least two of said board shall be master mechanics or Qualifications. graduates of a school of mechanical engineering, one to one from each be appointed from each of the two political parties which p^^^^^^^ party. shall have received the highest number of votes at the -election held for the office of Governor of the State next preceding the date of such appointments. Sec. 3. Any person, company or corporation own- Application to ing any voting machine may apply to the State Board of ^e^machine.^™ Voting Machine Commissioners to examine such ma- chine and report on its compliance with the require- ments of the law and its accuracy, efficiency and ca- pacity to register the will of voters; upon such applica- tion the said board shall examine such machine and make report whether, in its opinion or in the opinion Board examine of any two of the members thereof, the kind of machine so *^^ report. examined complies with the requirements of this act and can safely be used at elections to be held in this State under the conditions prescribed by this act, the report of said board on said machine, signed by the members thereof, or any two of them, and all exhibits, drawings, photographs, descriptions, et cetera, filed in con- Report filed nection with and identifying said machine so examined, ^^^^^^^^^^^^^^ shall be filed in the ofBce of the Secretary of State ^ within ten days, and shall be a public record; if the report of the board, or any two members thereof, be that machines of the kind examined can be used, such kind of machines shall be deemed to be approved by the Favorable board, and its use as herein provided shall be authorized report a,t any such election as aforesaid to be held in this State ^"*^^'*^*®^ ^^®- or any civil division thereof; any kind of voting machine not so approved by said board shall not be used at any election; the examination herein provided for shall not be required of each individual machine, but only of each particular kind of machine before its adoption, use or Machines not purchase, as herein provided; when the machine has been approved not so approved, any improvement or change that does not*^ ^^ ^'^^• impair its accuracy, efficiency or capacity shall not ren- improvements. der necessary a re-examination or re-approval thereof. 222 ELECTIONS. [Ch. 101. Examinations in public- notice. Applicant deposit 1800 for fees. Compensation of Board. Construction of machine. Insure secrecy. Not disclose votes. Provide for seven parties and each candidate. Straight ticket. Vote parts of several tickets. Prevent votlng- when. Seven "yes" and "no" counters. To correctly regrlster every vote. All examinations shall be in public; sufficient notice shall be given to such interested persons as shall file with the commission a notice of their desire to attend such examinations. r^ec. 4. Any person, company or corporation ap- plying to have any voting machine examined shall de- posit with the secretary of said board the sum of three hundred dollars as the fee of said board; except as herein provided, the members of said board shall not receive any compensation or remuneration for their services. Sec. 5. No voting machine shall be approved by the board of voting machine commissioners unless it shall be so constructed as to insure every voter an op- portunity to vote in secrecy; that it can be closed dur- ing the progress of the voting so that no person can see or know the number of votes registered for any candidate or for whom the elector has voted; that each machine shall be so constructed as to provide facilities for voting for the candidates of at least seven parties or organizations with a separate voting device and coun- ter for each candidate thereof; that a straight party ticket can be voted by the operation of a single devjce; that the voter may vote for a part of one party ticket, and a part of one or more other party tickets; that a voter can not vote for a candidate or on a question for whom or on which he is not lawfully entitled to vote; that the voter will be prevented from casting more than one vote for any candidate, or voting for more than one person for the same office, unless he is lawfully en- titled to vote for more than one person therefor, and in that event permits him to vote for as many persons for that office as he is by law entitled to vote for, and no more, but all votes for nominated candidates for such offices, shall be cast and counted in the same manner as for all other nominated candidates, except as herein- after provided for presidential electors; that the ma- chine will be provided with at least seven pairs of "Yes" and "No" counters for voting on questions, with the operating or voting devices therefor; that such machine will correctly register, by means of mechanical counters, having registering wheels, every vote cast for candidates whose names are printed on the ballot labels or for questions; that the names of the candidates for presi- Ch. 101.] ELECTIONS. 223 dential electors shall not occur on the ballot labels, but presidential in lieu thereof, one ballot in each party column, or row, electors— baiiot shall contain only the words ^'Presidential Electors" i)re- ^°^- ceded by the party name, and the names of the can- didates for President and Vice-President, and every vote registered for such ballot shall operate as a vote for all candidates of such party for presidential electors, and be counted as such, but it shall provide means for vot- ^p"^ ticket for. ing a split or irregular ticket for presidential electors; that any voter can by means of irregular ballots vote a written or printed ballot of his own selection for any person for any oflSce, although such person may not vote for have been nominated by any party, but such irregular person not balloting device or devices shall not be used for voting i^on^^nated. for any regularly nominated candidates, except for presidential electors, as herein provided; that a voter Permit voting may readily understand how to vote, and within the ^^ ^^^ minute. period of one minute cast his vote for all the candidates of his choice, and that he can change his vote for any changing vote, regularly nominated candidate up to the time he starts to leave the machine. All voting machines shall have Arrangement their voting devices for the individual candidates ar- °' devices. ranged in separate parallel party lines, one line for each party, and in parallel oflSce rows, transverse thereto; each machine must be provided with a lock or Locks and keys. locks, the keys of which can not be interchangeably used, and by the locking of which any movement of the operating mechanism can be prevented, so that it can not be tampered with or manipulated for any fraudu- Prevent lent purpose; and that the doors of the compartment *«'™p®'**^8r. containing the registering mechanism can be locked so Not disclose that no person can see or know the number of votes number of registered for any candidate; there shall be a counter, ^°^®^j^^^^ ^"^ the registering face of which can be seen at all times from the outside of the machine, which will show during visible regis- the election the total number of voters that have oper-ter showing ated the machine at that election ; there shall be a regis- ^^^^^ voters, tering lock, or a counter which can not be reset and will lock by the part that operates it, and will count up to Registering a million ; such lock or counter shall be known as a ^°°^* protective lock, or a protective counter, and shall be so constructed that the numbers on the 16ck will be changed or the number on the counter shall be advanced one every time the machine is operated. With each 224 I2LEGTI0NS. [Ch. lOL Model for Instruction of voters. Any approved machine may be adopted and used. Different machines for different precincts. Voting places to be supplied. Payment for machines by issuing bonds. Limit ten years Not less than par. voting machine there shall be provided by the makers a working model for instruction of voters, which shall represent at least five office lines for two party rows, and the devices for voting for two questions, and shall correspond to the equivalent parts on the face of the voting machine, and the operation of the model shall be the same in outward appearance as the operation of the machine. Sec. 6. The governing body of any county, city, city and county, or town op other political division may adopt for use at elections any kind of voting machine approved by the State Board of Voting Machine Com- missioners; and thereupon such voting machine may be used at any or all elections held in such county, city, city and county, town or other political division, or in any part thereof for voting, registering and counting votes cast at such elections; different voting machines may be adopted for different voting districts or precincts in the same county, city, city and county or town, or other political division. Said governing bodies adopt- ing a voting machine, shall, as soon as practicable there- after, provide for each polling place one or more voting machines in complete working order; and if it shall be impracticable to supply each and every election district or precinct with a voting machine or voting ma- chines at any election following such adoption as many may be supplied or as it is practicable to procure, and the same may be used in such election districts or precincts as they may direct. The governing body of any county, city, city and county or town, including the City and County of Denver, and any city, city and county or town which may be gov- erned by the provisions of special charter, adopting and purchasing a voting machine, or voting machines, may provide for the payment therefor by the issuance of interest-bearing bonds, certificates of indebtedness, or other obligation, which shall be a charge upon such county, city, city and county, or town; such bonds, cer- tificates or other obligations may be made payable at such time, or times, not exceeding ten years from the date of issue, as may be determined, but shall not be issued or sold at less than par. Sec. 7. The Secretary of State shall prescribe rules and regulations in addition to those contained in this Ch. 101.] ELECTIONS. 225 act, regarding the care of voting machines by the local secretary of authorities which shall govern the conduct of the elec- state prescribe tion judges, clerks and voters in the use of such voting ^"^^^^^^j^*^^^^® machines during elections; and for printing ballots and return sheets, and for making returns thereof; and shall For printing prepare and furnish all necessary instructions for the ballots. use of such voting machines. All printed instructions prepare how to vote to be distributed to voters shall conform instructions. to instructions approved by the Secretary of State, and it shall be unlawful for any person or persons to print Misleading or circulate misleading instructions regarding the instructions. method of voting. Sec. 8. Any governing body providing voting ma- preservation chines for use in elections shall preserve and keep them of machines. in good order; and for the purpose of prepiaring naa- p^. ^^^^^ chines for election, shall employ one or niore com- for use. petent persons, machinists if possible, and shall pay them for such time as they shall be engaged in such duties j they shall, in addition to such duties, instruct the elec- instructions to tioh officers in the use of the machines; such governing election officers body shall also provide for the giving of such instruc- and voters, tions for their use to voters as in their judgment shall be necessary. Sec. 9. For any election in any political division Election within the State, in which voting machines are to be precincts used, the election districts or precincts in which such formed. machines are to be used may be created by the officers charged with the duty of creating election districts or precincts, so as to contain as near as may be six hundred contain eoo voters each, based upon the last preceding general elec- voters each. tions. Such re-districting or re-division may be made at ^ re-district any time not less than sixty days preceding any election gi^ty days and when so made shall take effect immediately. before election. Sec. 10. All persons appointed in pursuance of this Appointees act shall be sworn to perform their duties faithfully and sworn. honestly and for the purposes of this act shall be allowed the same freedom of the election rooms as are officers of election. Sec. 11. The governing body of any county, city. Experimental city and county, or town or other political division, may use without provide for the experimental use at any election or elec- validity"" tions, in one or more election districts or precincts, of 226 BLBC5TI0NS. [Ch. 101. RaUinfiT. Location of machine in roora. One voter at a time. Secrecy of vote. Voter allowed one minute. Removal. Assistance to voter unable to read English or use machine. any machine which it might lawfully adopt, without a formal adoption thereof, and its use at such election shall be as valid for all purposes, as if it had been law fully adopted. Sec. 12. The room in which the election is held shall have a railing separating the part of the room occupied by the judges and clerks of election from that part of the room occupied by the voting machine. The exterior of the voting machine and every part of the polling place shall be in plain view of the election officers. The vot- ing machine shall be placed at least three feet from every wall and partition of the polling place, and at least four feet from any election officer or table used by them, and it shall be so placed that no person on the opposite side of the railing can see or determine from the outside of the room how the voter casts his vote. After the opening of the polls, the election judges shall allow no person to pass within the railing to the part of the room where the machine is situated except for the purpose of voting, except as is provided in the next succeeding section of this act; and they shall not permit more than one voter at a time to be in such part of the room. They shall not themselves remain, or permit any other person to remain in any position, or near any position that would permit one to see or ascertain how a voter votes, or how he has voted. No voter shall re- main within the voting booth or compartment longer than one minute, and if any voter shall refuse to leave after the lapse of that time, he shall at once be removed by the election officers, or upon their order. Sec. 13. Any voter who may declare upon oath that he can not read the English language, or that by reason of physical disability he is unable to use the vot- ing machine, shall, upon request, be assisted by two of the election officers of different parties to be selected from the judges and clerks of the precinct in which they are to act, to be designated by the judges of election at the opening of the polls. Such officers, in the voter^s presence and in the presence of each other, shall register his vote upon the machine for the candidates of his choice, and shall thereafter give no information regard- ing the same. The clerks of election shall enter upon the poll list after the name of any elector who received such assistance in registering his vote, a memorandum Ch. 101.] ELECTIONS. 227 of the fact. Intoxication shall not be regarded as a intoxicated physical disability, and no intoxicated person shall be person not entitled to assistance in registering his vote. entitled to £LSSlst8«nC6> Sec. 14. In case any elector after entering the instructions voting machine booth shall ask for further instruction asked by voter concerning the manner of voting, two judges of opposite -i^^^^^s give. political parties shall give such instructions to him; but no judge or other election officer, or person assisting an officer not elector shall in any manner request, suggest or seek to suggest who to persuade, or induce any such elector to vote any par- ^°^® '^''• ticular ticket, or for any particular candidate, or for or against any particular amendment, question or proposi- tion. After receiving such instructions, such elector shall vote as in the case of an unassisted voter. Sec. 15. That portion of cardboard, paper or other Baiiot labei. material, placed on the front of the machine and con- taining the names of the candidates, or a statement of the proposed constitutional amendment or other question or proposition to be voted on, shall be known in this act as a ballot label. The ballot label shall be supplied by By whom the official or officials charged by law with providing famished, material for the holding of an election or elections, and shall be printed in black ink on clear white material' of such size as will fit the machine, and in plain, clear type, as large as the space will reasonably permit. The party Party name. name or other designation shall be prefixed to the list of candidates of such party. The order of the lists of candidates of the several parties shall be arranged as is Arrangement now provided by law, except that the lists may be placed ^^ "^^^ °^ in horizontal rows or vertical columns, which parties ^^™®^- may, if desired, be divided into parallel and contiguous rows or columns. Sec. 16. The officers or board charged with the sample baiiot duty of providing ballots and ballot labels for any poll- i^beis for ing place shall provide therefor two sample ballot labels, f^^"^tion which shall be arranged in the form of a diagram, show- ^^^^ ing the entire front of the voting machine as it will ap- pear after the official ballot labels are arranged for vot- ing on election day. Such sample ballot labels shali.be displayed for public inspection at such polling place during the day preceding election day. Sec. 17. Four sets of ballot labels for use in the Four sets of voting machine shall be provided for each polling place ballot labels. 228 ELECTIONS. [Ch. 101. Preparation and delivery of machines. Judgres and clerks inspect machine before election day. On election morningr. Irregular ballots. At close of polls machine opened. for each election by the officer or officers now charged by law with the duty of furnishing such election pre- cincts with ballots. In such manner shall be furnished also, all other necessary material for the use of the voting machines. The same officer or officers shall, be- fore the day of election, cause the proper ballot labels to be put upon each machine corresponding with the sample ballot labels herein provided for, and the ma- chine in every way to be put in order, set and adjusted, ready for use in voting when delivered at the precinct. And the same officer or officers, shall cause the machine so labeled in order, set and adjusted, to be delivered at the voting precinct, together with all necessary furni- ture and appliances that go with the same, in the room where the election is to be held in the precinct, not later than 6 o'clock p. m. of the day preceding the elec- tion. After the delivery of the machine, and on the same day, the judges and clerks of election of the pre- cinct may meet at said room, open the package. contain- ing the sample ballots, and if necessary the ballot labels, and see that the machine is correctly labeled, set and ad- justed, ready for use in voting; and if the same is not so labeled, set and adjusted and in order, they shall cause it to be done. On the morning of the election, the elec- tion officers shall meet in the said room at least one hour before the time for opening the polls. They shall see that the sample ballot labels and instruction cards are posted properly, and everything put in readiness for the voting at the hour of opening the polls. The of- ficers shall compare ballot labels on the machine with the sample ballots, see that they are correct, examine and see that all the counters in the machine are set at naught or zero (0), and that the machine is otherwise in perfect order, and they shall not thereafter permit the counters to be operated or moved except by electors in voting, and they shall also see that all necessary ar- rangements and adjustments are made for voting ir- regular ballots on the machine. Sec. 18. Ballots voted for any person whose name does not appear on the ballot label on the machine as a candidate, are herein referred to as irregular ballots. Sec. 19. As soon as the polls are closed, the voting machine shall be locked against voting, and the count- ing compartment opened in the presence of all the judge? Ch. 101.] ELECTIONS. 229 and clerks of election, and all other persons who may be lawfully within the room, giving full view of the numbers announcing the votes cast for each candidate, and for and against the various constitutional amend- ments, questions or other propositions. Sec. 20. The election oflBcers shall then ascertain Announcing: the number of votes which the candidates have received vote as shown both on the machine and by the voting of irregular bal- ^^ machine. lots, if any, and one of the judges shall publicly announce in a distinct voice the total vote for each candidate thus ascertained in the order of the offices as their titles are arranged on the ballot label. He shall then announce in the same manner the vote on each constitutional amend- ment, proposition or other question. Before leaving the officers make room and before closing and locking the counting com- returns, partment, the election officers shall make and sign writ- ten statements or returns of such election, as now re- quired by law. When irregular ballots have been voted, irregular they shall be returned, preserved and finally destroyed ^^"°^s- as is now provided by law in the case of other election ballots. The written statements or returns so made, after having been properly signed, shall be distinctly and clearly read in the hearing of all persons present, and comparing ample opportunity shall be given to compare the results officers' returns so certified with the counter dials of the machine. After ^*^^ machine. such comparison and correction, if any is made, the elec- tion officers shall then close the counting compartment and lock the same. Thereafter the machine shall re- Machine locked main locked for a period of at least ninety days, unless ^^r ninety days. otherwise ordered by a court of competent jurisdiction. And said counting compartment shall be allowed to re- main open for the inspection of all watchers and such open for electors of the precinct as shall desire to inspect the inspection for same, for a period of at least one hour after the polls ^^^ ^°"^* are closed, provided such inspection shall not be per- mitted to interfere with the election officials in taking off and recording the votes indicated on the counters. Sec. 21. When the machine is locked at the close Keys returned of an election in the manner required by this act, the^^^*^ election judges shall place all keys of the machine on a single ^ * piece of flexible wire; unite the ends of such wire in a firm knot, label the same with the make and number of the machine and the precinct at which it was used at , returns. 230 ELECTIONS. LCh. 101. Election laws apply. Tampering with machine- duplicate keys. Felony. Penalty. Election laws apply. Conflicting laws not apply. Act in force Dec. 30, 1906, if Constitutional Amendment adopted. such election, and return such keys along with the writ- ten statements or returns of such election. Sec. 22. The provisions of the penal statutes and of the election laws relating to miscQuduct at elections shall apply to elections with voting machines. Any per- son who shall before or during an election tamper with any voting machine, or who shall interfere or attempt to interfere with the correct operation of the voting ma- chine, or the secrecy of voting; or who shall wilfully injure a voting machine to prevent its use; or any elec- tion or police officer, or anyone employed to assist in the care or arrangement of the voting machine, who shall permit any person to violate the secrecy of the voting, or to interfere in any way with the correct operation of the voting machine; or any unauthorized person who shall make a duplicate or have in his possession a key to a voting machine that has been adopted and will be used in elections in this State shall be guilty of a felony, punishable by imprisonment in a State prison for not less than one year nor more than five years. Sec. 23. All the provisions of the election law, not inconsistent with this act, shall apply to all elections held in the election districts or precincts where such voting machines are used. Any provisions of law which conflict with the use of such machine or machines as herein set forth, shall not apply to the precinct or pre- cincts in which an election is conducted by the use of such machine or machines. Sec. 24. This act shall take effect and be in force on and after the Thirtieth day of December, A. D. 1906, only in the event that the constitutional amendment of section 8 of article 7, providing that "all elections by the people shall be by secret ballot" and that nothing in the said section as amended "shall be construed to pre- vent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election, provided that secrecy in voting be preserved," submitted and proposed by the Fifteenth General Assembly, shall be adopted by the people at the general election to be held in November, 1906, but not otherwise. Approved April 10, 1905. Ch. 102.1 EXPLOSIVES AND FIREWORKS. 231 CHAPTER 102. EXPLOSIVES AND FIREWORKS. (H. B. No. 152, by Mr. Cannon.) AN ACT TO PREVENT THE SALE OF DANGEROUS EXPLOSIVES AND TO REGULATE THE USE OF FIREWORKS. Be it Enacted by the General Assembly of the State of Colorado: Section 1. It shall be unlawful for any person, per- unlawful sons, firm, association, company or corporation to buy,tohavein sell, trade in, give away, keep in stock or have in pos- possession session any toy pistols or explosive canes or other like explosives. contrivances to be carried or held in the hand for the explosion, ignition or detonation by percussion, or con- cussion of so-called caps, cartridges or other like con- trivances containing fulminate, dynamite, nitroglycerine or other similar explosive, or any toy cannon for the ex- Toy cannons, plosion of gunpowder or other explosive material or any caps, or caps, cartridges or other such contrivances not in the^*^®^ amusement nature of ammunition and to be exploded for sport or g^^piQgj^gg amusement by percussion or concussion containing ful- minate, dynamite, nitro-glycerine or other similar ex- plosive. Sec. 2. It shall be the duty of the police authorities when fireworks of any municipal corporation to regulate the time, place ™ay ^® and other conditions under which fireworks may be set ®®^ ^^' off or ignited. Sec. 3. Any person violating any of the provisions Penalty. of this act shall, upon conviction, be fined not less than ten dollars nor more than two hundred dollars or be im- prisoned in the county jail not less than ten days nor more than ninety days, or both, for each offense. Sec. 4. Whereas in the opinion of the General As- Emergency. sembly an emergency exists; therefore this act shall be in force from and after its passage. Approved A.pril 11, 1905. 232 FISH. [Ch. 103. CHAPTER 103. Appropriation. Superin- tendent's residence. Supervision of building. Auditor draw warrant. Emergency. FISH. DURANGO HATCHERY— SUPERINTENDENT'S RESIDENCE. (H. B. No. 222, by Mr. McEwen.) AN ACT TO PROVIDE FOR THE CONSTRUCTION OF ADDITIONAL IM- PROVEMENTS AT THE FISH HATCHERY LOCATED AT DURANGO, COLORADO. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of any funds in the State Treasury not otherwise appro- priated, the sum of fifteen hundred dollars (f 1,500) for the erection of a residence for the superintendent of the fish hatchery at Durango, Colorado, said building to be built under the supervision of the State Game and Fish Commissioner, and upon the presentation of his certifi- cate that the building is completed in accordance with the plans and specifications, it is the duty of the Auditor of State to draw a warrant in favor of the contractor for the payment of the same, not to exceed the sum of fifteen hundred dollars ($1,500). ' Sec. 2. In the opinion of the General Assembly an emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. Ch. 104.] FISH. 233 CHAPTER 104. FISH. HATCHERY— DEL NORTE. (H. B. No. 7, by Mr. Breckenrldge.) AN ACT TO PROVIDE FOR.THE PURCHASE OF A SITE AND THE ESTAB- LISHMENT AND MAINTENANCE OF A STATE FISH HATCH- ERY IN THE COUNTY OF RIO GRANDE, AND MAKING AN APPROPRIATION THEREFOR. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. There is hereby appropriated out of any Appropriation. money in the State Treasury not otherwise appropriated, the sum of five thousand (f5,000) dollars for the pur- pose of purchasing a site for a branch State fish hatch- Purchasing site ery at a point near the Town of Del Norte and on the near Dei Norte. north side of the Rio Grande River, Section 19, town- ship 40 north, range 6 east, at a point to be selected by the Fish Commissioner of the State of Colorado, and Erection and to pay for the erection and stocking of said hatchery. stocking. Sec. 2. The State Fish Commissioners shall, within commissioner sixty days after this act shall take effect, select a site ^^^^^^ ^^^^ ^*<^^- for said hatchery, and when constructed said hatchery*'^ ^^^*^ ^*^®" shall be known as the Del Norte Hatchery. Name. Sec. 3. Said hatchery shall be constructed as soon construction. as practicable after the selection of said site, and shall be constructed under the supervision of the State Fish Commissioner. Sec. 4. The State Auditor is hereby authorized to Auditor draw draw warrants against said appropriation upon vouchers warrants on presented by the State Fish Commissioner and approved vouchers by the Giovernor. Sec. 5. In the opinion of the General Assembly Emergency. an emergency exists; therefor, this act shall take effect and be in force from and after its passage. Approved March 25, 1905. 234 PISH. [Ch. 105. CHAPTER 105. FISH. HATCHERY— GLENWOOD. (S. B. No. 52, by Senator Taylor.) Appropriation. Purchase site in Garfield county. Erection and stocking. Commissioners select site with- in ninety days. Cost of site. Construction hatchery. Name. Cost of con- struction. of AN ACT TO PROVIDE FOR THE PURCHASE OF A SITE AND THE ESTAB- LISHMENT OF A STATE FISH HATCHERY IN GARFIELD COUNTY, AND MAKING AN APPROPRIATION THEREFOR. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated, out of any money in the State Treasury, not otherwise appro- priated, the sum of three thousand dollars for the pur- pose of purchasing a site for a State fish hatchery in Garfield County, to be selected by the State Game and Fish Commissioner, and for the erection and stocking of said hatchery. Sec. 2. That said Fish and Game Commissioner ■ shall, within ninety days after this act shall take effect, select a suitable site for said hatchery at or near the Town of Glenwood Springs, in said Garfield County, which site shall not cost the State to exceed the sum of five hundred dollars, and said hatchery shall be con- structed as soon thereafter as practicable, under the su- pervision of the said Game and Fish Commissioner and the Superintendent of State Fish Hatcheries, or such competent deputy or deputies as they may designate, and according to the plans adopted by said commissioner and superintendent; and when constructed, said hatch- ery shall be known and designated as "The Glenwood Hatchery." Sec. 3. That the site shall be purchased and said hatchery constructed at a cost not to exceed the sum hereby appropriated, and if any greater sum of money is Ch. 106.] FISH. 235 required, the additional amount shall be furnished by Garfield County or its citizens. Sec. 4. Said hatchery shall be in charge of an as- in charge of sistant superintendent, to be appointed as is now orass^st^-nt may hereafter be provided by law, who shall receive as ^^p®^*^*®"*®**** his salary for such services the sum of nine hundred dollars per annum; and the further sum of eighteen hun- salary, dred dollars, or so much thereof as may be necessary, is hereby appropriated out of any funds in the State Treas- ury, not otherwise appropriated, for the purpose of pay- ing the salary of said assistant for the next two years. Sec. 5. The State Auditor is hereby authorized and Auditor draw directed to draw warrants against said appropriations warrants, upon presentation of vouchers therefor by the said State Game and Fish Commissioner, approved by the Governor. Sec. 6. In the opinion of the General Assembly an Emersrency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. CHAPTER 106. FISH. HATCHERY— GRAND COUNTY. (H. B. No. 169, by Mr. Miller.) AN ACT TO PROVIDE FOR THE PURCHASE OF A SITE AND THE ESTAB- LISHMENT AND MAINTENANCE OF A STATE FISH HATCH- ERY IN THE COUNTY OF GRAND, AND MAKING AN APPRO- PRIATION THEREFOR. Be it Enacted ty the General Assembly of the State of Colorado: Section 1. That there is hereby appropriated out of Appropriation. any money in the State Treasury not otherwise appro- priated the sum of three thousand dollars for the pur- pose of purchasing a site for a branch Stnte fish hatchery 236 FISH. [Ch. 106. Site selected by Fish Commissioner. Erection and stocking. Name. Cost not to exceed appropriation. Supervision of construction. Charge of hatchery. Salary of assistant. Appropriation for salary. Auditor draw warrants. in the County of Grand, to be selected by the State Fish Commissioner, or by the oflScer who shall discharge the duties heretofore discharged by the State Fish Commis- sioner, and for the erection and* stocking of said hatchery. Sec. 2. Such hatchery shall be designated as Grand Count:^' Hatchery. Sec. 3. Said hatchery shall be constructed as soon as practicable after the selection of said site by the said fish commissioner, and shall in no event be built at a greater cost than the sum hereby appropriated. • Sec. 4. Said construction shall be done under the supervision of the fish commissioner or one of his depu- ties, according to the plans adopted by the fish com- missioner. Sec. 5. Said hatchery shall be in charge of one assistant to be appointed as is now, or may hereafter be provided by law, who shall receive as his salary for his services the sum of nine hundred dollars per annum. Sec. 6. The sum of eighteen hundred dollars is hereby further appropriated out of any funds not hereto- fore appropriated for the purpose of paying the salary of said assistant for the next two years. Sec. 7. The State Auditor is hereby authorized to draw warrants against said appropriations upon pre- sentation of vouchers therefor by the State Fish Commis- sioner, approved by the Governor. Approved April 10, 1905. Ch. 107.] FLAGS. 237 CHAPTER T07. FLAGS. DESECRATION. (H. B. No. 29, by Mr. Keezer.) AN ACT TO PREVENT AND PUNISH THE DESECRATION, MUTILATION OR IMPROPER USE OF THE FLAG OF THE UNITED STATES OF AMERICA. Be it Enacted by the General Assembly of the State of Colorado: » Section 1. Any person, who in any manner, for exhi- Advertisement bition or display, shall after this act takes effect, place on united or cause to be placed, any word, figure, mark, picture, states ar state design, drawing, or any advertisement, of any nature, ^^^• upon any flag, standard, color or ensign of the United States or State flag of this State or ensign, or shall expose or cause to be exposed to public view any such flag, standard, color or ensign, upon which, after this act takes effect, shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, aflSxedy or annexed, any word, figure, mark, picture, design, or drawing, or any advertisement of any nature, or who shall, after the first day of September, 1905, expose to public view, manufacture, sell, expose for sale, give away, j^^aign of flag or have in possession for sale, or to give away, or for use on package, for any purpose, any article, or substance, being an article of merchandise, or a receptacle of mer- chandise or article or thing for carrying or trans- porting merchandise, ijpon which after this act takes effect, shall have been printed, painted, attached, or otherwise placed, a representation of any such flag, stan- dard, color, or ensign, to advertise, call attention to, decorate, mark, or distinguish, the article, or substance, on which so placed, or who shall publicly mutilate, de- Mutilation face, defile, or defy, trample upon, or cast contempt, of flag. 238 FLAGS. [Ch. 107. Misdemeanor either by words or act, upon any such flag, standard, color, or ensign, shall be deemed guilty of a misdemeanor, Penalty. and shall be punished by a fine not exceeding one hun- dred dollars or by imprisonment for not more than thirty days, or both, in the discretion of the court; and shall also forfeit a penalty of fifty dollars for each such offense, to be recovered with costs in a civil action, or suit, in any court having jurisdiction, and such action or suit may be brought by and in the name of any citizen of this State, and such penalty when collected less the reason- able cost and expense of action, or suit and recovery to be certified by the district attorney of the county in which the offense is committed shall be paid into the Treasury of this State; and two or more penalties may be sued for and recovered in the same action or suit. Construction of The words, flag, standard, color or ensign, as used in this word "flag." subdivision or section, shall include any flag, standard, color, ensign, or any picture or representation, of either thereof, made of any substance, or represented on any substance, and of any size, evidently purporting to be, either of, said flag, standard, color or ensign, of the United States of America, or a picture or a representa- tion, of either thereof, upon which shall be shown the colors, the stars, and the stripes, in any number of either thereof, or by which the person seeihg the same, without deliberation may believe the same to represent the flag, colors, standard, or ensign, of the United States of America. The possession after this act takes effect, by any person, other than a public officer, as such, of any such flag, standard, color or ensign, on which shall be made any thing unlawful at any time by this section, or of any article or substance or thin [thing] on which shall be any thing made unlawful at any time by this section, shall be presumptive evidence that the same is in violation of this section, and was made, done or created after this act takes effect, and that such flag, standard, color, en- sign, or article, substance, or thing, did not exist when this act takes effect. j^gpgg^j^ Sec. 2. All acts or parts of acts inconsistent with this act are hereby repealed. Approved April 10, 1005 Possession of. Presumptive evidence. Oh. 108.] GAME— FISH. 239 CHAPTER 108. GAME— nSH. OPEN SEASONS. (H. B. No. 35, by Mr. Lehrritter.) AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO AMEND CHAPTER XCVIII OF AN ACT OF THE TWELFTH GENERAL ASSEM- BLY OF THE STATE OF COLORADO, ENTITLED 'AN ACT TO PROTECT GAME AND FISH/ APPROVED APRIL 27, 1899," APPROVED APRIL 13, 1903. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That subdivisions numbered 1, 3, 5 and Amended. 7 of section 7 of division B of said act be amended so as to read as follows : (1) The open season for deer having horns shall be- Open season- gin September 25th and end October 10th of each yeari^e©'^- and for antelopes having horns, shall begin October 15 and end the 25th of the same month, commencing with the year 1907. (3) The open season for prairie chickens and grouse Prairie chickens shall begin September 1 and end October 20 next ensu- and grouse. ing. The open season for sage chickens shall begin Aug- ust 1 and end October 1. (5) The open season for doves shall begin August Doves. 1st. and end August 15th. (7) The open season for trout, not less than seven Trout, inches in length, and other fish, shall begin June 1 and, end October 31 next ensuing, and in no instance shall fishing be done between the hours of 10 :00 o'clock p. m. and 4 o'clock a. m. Provided, That the public shall have Proviso— Pub- the right to fish in any stream in this State stocked at "^ right. the public expense, subject to action and trespass for any damage done property along the bank of any such stream. Approved April 7, 1905. 240 GENERAL ASSEMBLY — EMPLOYES. [Ch. 109. CHAPTER 109. GENEBAL ASSEMBLY— EMPLOYES. (S. B. No. 145, by Senator Booth.) AN ACT CONCERNING THE EMPLOYES OF THE GENERAL ASSEMBLY. Be it Enacted hy the General Assembly of the State of Colorado: Qualifications Section 1. All clerks of the Senate, except the of employes of Reading Clerk, Bill Clerk, Docket Clerk, Chief and As- senate. sistant Printing Clerks, Clerk of Judiciary Committee must be competent stenographers and typewriters. . Qualifications Sec. 2. All clerks of the House of Representatives, of employes of except the Chief Clerk, Reading Clerk, Bill Clerk, Docket House. Clerk, Chief and Assistant Printing Clerks and Clerk of Judiciary Committee must be competent stenog- raphers and typewriters. Jiepeai. Sec. 3. All acts and parts of acts in conflict here- with are hereby repealed. Approved April 10, 1905. Oh. 110.] GIFT ENTERPRISES. 241 CHAPTER 110. GIFT ENTERPEISES. (S. B. No. 202, by Senator Clayton.) AN ACT CONCERNING GIFT ENTERPRISES, PROHIBITING THE SALE OR GIVING AWAY, RECEIPT OR EXCHANGE OF GIFT ENTERPRISE TICKETS, COUPONS, STAMPS, TRADING stamps; or other devices, and prescribing PENAL- TIES FOR THE VIOLATION OF THIS ACT. Beit Enacted ty the General Assembly of the State of Colorado: Section 1. It shall be unlawful for any person, per- unlawful to sons, partnership, association or corporation to engage in, engage in, or promote, aid, abet or patronize any gift enterprise of any^j^J^^^J J®^jJ^® nature, or for any purpose whatsoever, or to sell, give, re- enterprise. ceive, accept or exchange gift enterprise tickets, coupons, stamps, trading Stamps or other device. Sec. 2. The term "gift enterprise," as herein em-Seiungor ployed, shall include the selling, giving, presenting or dis- ^J^^^^^'^^J^^^^^^^ tributing by any person, persons, partnership, association exchanged for or corporation to any person, persons, partnership, asso- any undescribed elation or corporation, in consideration of a purchase by*''"^^®- such person, persons, partnership, association or corpora- tion of any article of goods, wares or merchandise, of any ticket, coupon, stamp, trading stamp or other device, which entitles the recipient thereof to demand or receive from any person, persons, partnership, association or cor- poration, any article of goods, wares or merchandise, in- definite, undescribed, uncertain, undetermined or un- known to the purchaser at the time of the receipt and ac- ceptance of said ticket, coupon, stamp, trading stamp or other device. Purchaser Sec.^ 3. The term "gift enterprise" as herein em- accepting ticket ployed, shall include the receipt or acceptance by a p^r- J^^*'^®^^^^"^^^ chaser of goods, wares or merchandise, from the vendor un^d^J^ribed thereof, in consideration of said purchase, of any ticket, article. 242 GIFT ENTEBPRISES. ICh. 110. Kxrhanglng goods f or tickets In consideraUoii of pnrcbase of other goods. Misdemeanor. Penalty. Emergency. coapOD, stamp, trading stamp or other device, which en- titles the purchaser to demand or receive in exchange therefor, any article of goods, wares or merchandise, in- definite, uncertain, nndescribed or unknown to the said purchaser, at the time of the receipt or acceptance of said ticket, coupon* stamp, trading stamp or other device. Sec. 4. The term **gift enterprise'' as herein em- ployed, shall include the exchanging of any article of goods, wares or merchandise for any tickets, coupons, stamps, trading stamps, or other devices, acquired by the holder thereof, in consideration of the purchase by him or her of any other article of goods, wares or merchandise; the nature or value of the goods, wares or merchandise to be so exchanged, being either indefinite or unknown to said purchaser at the time of the receipt and acceptance of said stamp in connection with said purchase. Sec. 5. Any person, persons, partnership, associa- tion or corporation, his or its agent, servant or employe, violating any of the provisions of the four preceding sec- tions of this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof be fined in the sum of not more than five hundred dollars, or be imprisoned in the county jail for a period of not more than six months. Sec. 0. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 20. 1905. Ch. 111.] IRRIGATION. 243 CHAPTER 111. lESIGATION. WATER DISTRICTS. (S. B. No. 356, by Senator Taylor.) AN ACT CONCERNING WATER DISTRICTS NOS. 39, 42 AND 70, IN THE STATE OF COLORADO. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. The boundaries of Water District No. 39 Boundaries of are hereby defined to include all the tributaries of Grand i^istrict No. 39. River on the north side thereof, from the mouth of the Roaring Fork River, westerly to the State line ; and shall consist of all lands lying in the State of Colorado, irri- gated by any and all such tributaries, excepting Roan Creek, and its tributaries, and all lands irrigated thereby ; and excepting also all lands lying in Mesa County. The said Water District No. 39 shall include only all the lands in Garfield County, above described, and which are not irrigated from Roan Creek or any of its tribu- taries. Sec. 2. That Water District No. 70 shall consist Boundaries of of all lands irrigated by water taken from Roan Creek ^*^*''*^* ^°- ^®- and all its tributaries situated within the Counties of Garfield and Mesa, in this State, and also all lands in Mesa County situate north of Grand River and east of Roan Creek. Sec. 3. The boundaries of Water District No. 42 Boundaries of shall not be construed to include any land hereinabove District No. 42. embraced in either of said Water Districts, 39 or 70. Sec. 4. Said Water Districts Nos. 39 arid 70 shall be ^'^^^^''^^j'^^j^^^ and remain in Irrigation Division No. 5, and said Water jj^ 5. ^^ ^ ^^ District No. 42 shall be and remain in Irrigation Divi- Division No. 4. sion No. 4. 244 IBBI6ATION. [Ch. 112. Jurisdiction of courts over districts. Expenses of commissioner. Repeal. Emergrency. Sec. 5. The District Conrt of Garfield County shall retain and have jurisdiction over the adjudication of water rights and priorities in said Water Districts Nos. 39 and 70, and the District Court of Mesa County shall retain and have jurisdiction of water rights and priori- ties in said Water District No. 42. Sec. 6. All charges of the water commissioner and his deputies, that may be appointed for said Water Dis- trict No. 70, shall be borne equally between the Counties of Garfield and Mesa. Sec. 7. All acts and parts of acts in conflict here- with are to that extent hereby repealed. Sec. 8. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. CHAPTER 112. lEEIGATION. WATER RIGHTS— NOTICE. (S. B. No. 182, by Senator Taylor.) AN ACT IN RELATION TO NOTICE IN WATER RIGHT PROCEEDINGS. After decree entered no further publication required In Bubfiequent proceedings, unless. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That in all water right adjudication pro- ceedings brought under the statutes of this State for de- termining and decreeing priority rights to the use of water for irrigation or any other beneficial purpose, or for the transfer of an adjudicated water right, after a general decree has been entered in such water district, in pursuance of the statutory notice by publication and posting, as now required by law, no further publication or posting of such notice or any notice of such individual subsequent proceedings shall be required unless by order 1^ Ch. 112.] IRRIGATION. 245 of court upon good cause shown therefor; and in all such subsequent proceedings subsequent to the entry of such general de- ^^otice same as cree, written notice shall be given for such length of time gummons'or and be served upon the parties interested adversely in rule of court. such manner as is now or may hereafter be provided by law for the service of summons in other civil cases; or in such reasonable time and manner as may be fixed by rule of court; Provided, Such notice shall contain the Notice shaii date and amount of the priority right claimed in each^°"^^*"- case, the source of supply from which same shall be taken, and in case of a transfer of a water right the notice shall contain a brief description of the water right sought to be transferred, the place and ditch, if any, from which and to which the change is desired, and which notice shall give the date that the hearing will be served 15 days had, and be served not less than fifteen days prior to the ^^*°^ ^° hearing. date of such hearing; and which notice shall be dated signed by and may be signed and issued either by the attorney for attorney or the petitioner or by the clerk of the District Court. This °^®^^ act shall not be construed as a repeal of any of the stat- Existing utes now existing relative to notice in any water right statutes not proceedings; and in any proceeding for any of the P^r- J]^^®^j^^ poses herein set forth the petitioner may, at his election, '^^^^ proceed under this act, or under the statutes in force at choice of the time of the passage of this act. statute. Sec. 2. In the opinion of the General Assembly, an Emergency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. u» :jaj«*jAT3'..V l«!L<Tei<_T!?L [Ch. 113. 0*-.AI»TE3R 1l3u IXBIftAXUni IIEBTIICISl *n, E. X'-f, ¥7. bj Mr. C3nrrcii.» AX ACT It^ RELATION TO IRRIGATION DISTRICTS. new dlnlHi^t, l'«iltlon for or- vanlxatfon. r!onUnU patttlon. of Be U Bmaded hy the General Ajuew^iily of the State of Colorado: HeetiOD 1. (Irrigation Digtriet.i Whenever a ma- jority' of the resident freeholders owning lands in any district desire to provide for the irrigation of the same they may propose the organization of an irrigation dis- trict under the provisions of this act, and when so organ- ized each district shall have the powers conferred or that may hereafter be conferred by law npon such irrigation district; Provided, That where ditches, canals or reser- voirs have been constructed before the passage of this act, such ditches, canals, reservoirs and franchises, and the lands watered thereby, shall be exempt from the operation of this law, except such district shall be formed to purchase, acquire, lease or rent such ditches, canals, reservoirs and their franchises. 8c»c. 2. (Petition.) For the purpose of the estab- lishment of an irrigation district as provided by this act, a petition shall be filed with the board of county com- mlHsioners of the county which embraces the largest acvoiif^e of the proposed district; said petition shall state that it is the purpose of petitioners to organize an irriga- tion dimtrict, under the provisions of this act; said pe- tition Hhall alHo contain a general description of the boiindarieH of such proposed district, the means proposed to supply water for the irrigation of the lands embraced thoroin, the name proposed ^for such district and shall H(»l(*ct a committee of three of said petitioners to present such petition to the board of county commissioners as |)rovi(led by law> praying that the said board define and ^ Ch. 113.] IRRIGATION DISTRICTS. 247 establish the boundaries of said proposed district and submit the question of the final organization of the same to the vote of the qualified electors resident within said proposed district; said petition shall be signed by a ma- signed by ma- jority of the resident freeholders within said proposed J<^^^*y ^^ ^^^e- district, and who shall also be the owners in the aggre- *^*^^^®''^- gate of a majority of the whole number of acres belong- ing to the resident freeholders within ths said proposed district. The said petition shall also be accompanied by A^ccompanied by a good and sufficient bond, to be approved by said board ^°'^^- of county commissioners in douT^le the amount of the probable cost of organizing such district, conditioned for the payment of all costs incurred in said proceedings in case said organization shall not be effected, but in case such district is so effected, then said expenses incurred by the board of county commissioners shall be paid back to said county by said district. Such petition shall be Publication of published for at least two weeks before the time at which petition and no- the same is to be presented, in some newspaper of general "*^® ^^ naeeting. circulation printed and published in the county where said petition is to be presented, together with a notice signed by the committee of said petitioners selected by the petition for that purpose giving the time and place of the presentation of the same to said board of county commissioners. Sec. 3. (Presentation and Allowance of Petition.) when county When such petition is presented and it shall appear that commissioners the notice of the presentation of said petition has been ^f^^ bound- given as required by law, and that said petition has been signed by the requisite number of petitioners as required by this act, the commissioners shall then proceed to de- fine the boundaries of .said proposed district from said Exclusion and petition and from such applications for the exclusion of ^'iciusion of lands therefrom and the inclusion of lands therein as^^'^^^* may be made in accordance with the intent of this act; they may adjourn such examination from time to time Examination, not exceeding three weeks in all and shall by final order duly entered define and establish the boundaries of such proposed district; Provided, That said board shall not modify such proposed boundaries described in the pe- tition so as to change the objects of said petition or so Lands benefited, as to exempt from the operation of this act any land within the boundaries proposed by the petition suscept- ible to irrigation by the same system of water works 248 IRKIGATIOX DISTRICTS. rCh. 113. Lands not bene- fited. Lands admitted on application. PeUtion al- lowed, order entered. Boundaries established. Election called. Division of dis- trict. Board of Directors. Judgres of elec- tion. Denial of petition. Reasons of denial. Writ of manda- m ..^ i^^Kf — when from Dis- frict Court- applicable to other lands in such proposed district; nor shall any land which will not in the judgment of the board be benefited bj snch proposed system be included in snch district if the owner thereof shall make applica- tion at snch hearing to withdraw the same, Provided also. That contignons lands not included in said pro- posed district as described in the petition may upon ap- plication of the owner or owners be included in such district upon such hearing. When the boundaries of any proposed district shall have been examined and defined as aforesaid the county commissioners shall forthwith make an order allowing the prayer of said petition, defining and establishing the boundaries and designating the name of such proposed district. Thereupon the said commissioners shall by fur- ther order duly entered upon their record call an election of the qualified electors of .said district to be held for the purpose of determining whether such district shall be organized under the conditions of this act, and by such order shall submit the names of one or more persons from each of the three divisions of said district as here- inafter provided to be voted for as directors therein, and for the purposes of said election shall divide said district into three divisions as nearly equal in size as may be practicable and shall provide that a qualified elector of each of said three divisions shall be elected as a member of the board of directors of said district 'by the qualified electors of the whole district. Each of said divisions shall constitute an election precinct and three judges shall be appointed for each of such precincts, one of whom shall act as clerk of said election; Provided, That in the heariug of any such i)etition the board of county commissioners shall disregard any informality therein, and in case they deny the same or dismiss it for any reasons on account of the provisions of this act not hav- ing been complied with, which are the only reasons upon which they shall have a right to refuse or dismiss the same, they shall state their reasons in writing therefor in detail, which shall be entered upon their records and in case these reasons are not well founded, a writ of mandamus shall, upon proper application therefor, issue out of the District Court of said county, compelling them to act in compliance with t|iis act. which writ shall be heard within twenty days from the date of its issuance. Ch. 113.] IRRIGATION DISTRICTS. 249 and which twenty days shall be excluded from the forty days given the commissioners herein to act upon said officers of petition. The officers of such district shall consist of^®*^**^** three directors, a secretary and treasurer. Sec. 4. (Notice — Election.) The board of county Notice of commissioners shall thereupon cause a notice embodying election. said orders in substance signed by the chairman of the board of county commissioners and the clerk of said board to be issued, given and published, giving public notice of said election, the time and places thereof, the matters submitted to the vote of the electors; said notice when and and order shall be published once a week for at least where pub- three weeks prior to such election in a newspaper of "®**®^* general circulation in said county, and if any portion of such proposed district lies within any other county or counties, then such order and notice shall be published in a newspaper of general circulation published within each of said counties. At said election and all elections Qualification of held under the provisions of this act, all persons who are electors. qualified electors within said proposed district and are resident freeholders and shall have paid a property tax in said proposed district during the year preceding such election shall be entitled to vote, and none others. The ballots to be used and cast at such election for the form- ation of such district shall be substantially as follows: "Irrigation District — Yes,'' or "Irrigation District — No," Form of or words equivalent thereto, and shall also contain the^*^^^*^- names of the persons to be voted for as members of the board of directors of said district ; each elector may vote for three directors, one from each division, and shall in- dicate his vote Jby placing a marginal cross upon the bal- lot for or against any question submitted or name voted upon and opposite thereto at any election held under this act. Sec. 5. (Same — Canvass of Votes — Proclamation.) canvass of The said board of county commissioners shall meet on votes. the second Monday next succeeding such election and proceed to canvass the votes cast thereat; and if, upon such canvass, it appears that at least a majority of said legal electors in said district have voted "Irrigation ^^^s-^^^^^.^^^^^^^ trict — ^Yes," the said board shall, by an order entered district ^organ- on their minutes, declare such territory duly organized ized and officers as an irrigation district, under the name and style there- elected. 250 IiaU^^ATluK WSTBltTS. [Ch. 113. Fiie order anfl When and m'here fUed. No otber dis- trfct fOTBied — except— Officers duties. Coa establish Sec- tion predncts. Appoint judcrea. R^rular elec- tion. Ofllcens take oath. Bonds of officers. tofore 6€si^:iuited. aiid shall ded&ne the persons receiy- ing. reBpec-tirelT. the hi^^test iminber <rf rotes for such serenl offices, to be dnij elected to soch office. Said board shall cause a cojit of such cinder, inclading a plat erf said district, dulx certified bx the clerk of the board of eonutx commissioners, to be immediJitdT filed for record in the oflS<^ of the county clok of each connty in wLh'L auT }*<:»rTi(»n of su<^h lands are situated, and no board of county commissiiMiers of any county, inclading any portion of such district. shalL after the date of or- ganization of such district, allow anothra* district to be formed, including any of the lands of such district without the consent of the board of directors thereof; and from and after the date of soch filing, the organiza- tion of such district shall be ccMuplete. and the officers thereof diall immediately enter upon the duties of their respectiTe offices, upon qualifying in accordance with law, and shall hold such offices. respectiTely. imtil their suc- cessors are elected and qualified. For the purpose of the election above provided for. the said board of conntv commissioners must establish a convenient number of election precincts and polling places in said proposed district, and define the boundaries thereof, which said precincts may th^eafter be changed by the board of directors of such districts, and shall also appoint the judges of election for each such precinct, one of whom shall act as clerk of election. Sec. 6. (Officers — Election — Bond.) The regular election of said district shall be held on the first Tuesday after the first Monday in December in each second cal- endar year thereafter, at which said officers shall be elected. The person receiving the highest number of votes for any office to be filled at such election is elected thereto. Within ten days after receiving their certificates of elec- tion, hereinafter provided for, said officers shall take and subscribe the official oath and file the. same in the office of the county clerk of the county where the organiza- tion was effected, and thereupon immediately assume the duties of their respective offices. Each member of said board of directors shall execute an official bond in the sum of three thousand dollars (f3,000), which bond shall be approved by the judge of the County Court of said county where such organization was effected, and shall be recorded in the office of the count v clerk thereof. Ch. 113.] IRRIGATION DISTRICTS. 251 All official bonds herein provided for shall be in form prescribed by law for official bonds for county officers, except that the obligee named in said bond shall be to said district. Sec. 7. (Same — Election Notice.) The office of the office of board. board of directors shall be located in the county where the organization was effected. Fifteen days before any election held under this act, subsequent to the organiza- tion of the district, the secretary who shall be appointed by the board of directors shall cause notice specifying the polling places of each precinct to be posted in three secretary post public places in each election precinct, of the time and^^uces. place of holding the election, and shall also post a gen- eral notice of the same in the office of said board, which shall be established and kept at some fixed place to be determined by said board in said county. Prior to the ^ ^ ^ Yec time for posting the notices, the board must appoint from ^j^" each precinct, from the electors thereof, three judges, one of whom shall act as clerk, who shall constitute a board of election for such precinct. If the board fails to appoint a board of election, or the members appointed do not attend the opening of polls on the morning of election, the electors of the precinct present at that hour vacancies— may appoint the board, or supply the place of an absent how filled. member thereof. The board of directors must, in its order appointing the board of election, designate the hour ^pj^^^ ^^^ ^^^^^ and the place in the precinct where the election must of election. be held. Sec. 8. (Same — Election Officers'" Duties.) One of Powers of the judges shall be chairman of the election board and ^^**'*™^^- may: First, administer all oaths required in the progress of an election. Second, appoint judges and clerks, if during the progress of the election any judge or clerk ceases to act. Any member of the board of Members may election, or any clerk thereof, may administer and certify administer oaths required to be administered during the progress of oaths. an election. Before opening the polls, each member of oath of the board must take and subscribe an oath to faithfully members. perform the duties imposed upon them by law. Any Elector may ad- elector of the precinct may administer and certify such minister oath. oath. The polls must be opened at eight o'clock in poiis open. the morning of election and be kept open until six o'clock p. m. of the same day. It shall be the duty of the clerk 252 IBBI6ATI0N DISTEICTS. [Gh. 113. Canvass of returns. Clerk deliver of the board of election to forthwith deliver the returns returns. j^|y certified to the board of directors of the district. Returns not Sec. 9. (Same — Canvass of Votes.) No lists, tally rejected. paper, or certificates returned from any election shall be set aside or rejected for want of form if it can be satis- factorily understood. The board of directors must meet at its usual place of meeting on the first Monday after election and canvass the returns. If at the time of meet- ing the returns from each precinct in the district in which the polls were open have been received, the board of directors must then and there proceed to canvass the returns; but if all the returns have not been received, the canvass must be postponed from day to day until the returns have been received, or until six postponements have been had. The canvass must be made in public and by opening the returns and counting the votes of the district for each person voted for, and declaring the re- sults thereof. The board shall declare elected the person receiving the highest number of votes so returned for each oflSce, and also declare the result of any question submitted. Sec. 10. (Same — Records — ^Vacancy and Term of OflGice.) The secretary of the board of directors must, as soon as the result of any election held under the pro- visions of this act is declared, enter in the records of such board and "file with the county clerk of the county in which the office of said district is located, a statement of such results, Which statement must show: First, a copy of the publication notice of said election. Second, the names of the judges of said election. Third, the whole number of votes cast in the district and in each precinct of the district. Fourth, the names of the per- sons voted for. Fifth, the office to fill which each person was voted for. Sixth, the number of votes given in each precinct for each of such persons. Seventh, the number of votes given in the district for each of such persons. Eighth, the names of the persons declared elected. Ninth, the result declared on any question submitted in accord- ance with the majority of the votes cast for or against such question. The board of directors must declare Person elected, elected the person having the highest number of votes given for each office, and also the result of any question submitted. The secretary must immediately make out and deliver to such person a certificate of election, signed Canvass In public. Board declare result. Statement filed by secretary. Contents of. Certificate of election. Ch- 113-] ntRiGATiON DismtiCTS. 253 by him and anth^iticated with the seal of the board. In case of a Tacaney in the board <rf directors, by death, vacancfe*- removal, or inability from any cause, to properly dis-**^ ®^*^ charge the dnties as such director, the vacancy shall be filled by appointment by the remaining members of the board, and upon their failure or inability to act within thirty days after soch vacancy occurs, then upon petition of five electors of said district the board of connty com- missioners of the county where the office of said board of directors is atuate, shall fill such vacancy or vacancies Any director appointed as above provided shall hold his Term of office, oi^ce until the next general election of said district, and until his success4Nr is ele«rted and qualified. Sec, 11- 'Board of Directors — Officers — General q,^,^^^,^^^;^ ^^ Duties — ^Batio of Water Distribution- 1 The directors. Board, having duly quatified. shall organize as a board, elect a president friHn their number, and appoint a secretary. The board shall have {M^wer. and it shall be their duty. Duties asd to adopt a seaL manage and •:-t>nduct the a^urs and basi'V^'^^trg, ness of the district, make and execute all ueceaoLry coft- tracts, employ such agents, attorneys, officers and em- ployes as may be reqnire«L and prescribe their dnties. establi^ equitable ral<e9 and reflations for the distribu- tion and use of water adoc^ the owners of said land, and generally to perform all j»Tif:h acts as i^hall be nece^ sary to fully carry ocr t^e z-irijfts^es of tiifs act. Said board diall liave tbe t<»Trer in addition zo the means to Bostr-i m^r 'w^n^ supply watw to «ai«i •i:«rr> t prop^j*ied hy the petition srnct ir ptxr- submitted for the f« Tma^oiL -i-f *aid diarrirt. to r-onsfrrru^ thaa^ dtzi^^m, acquire ar pur^iui-^e anv and ail caaai«. •Vr^:hesL res^er-^"^ vcHrs. reservoir «lt»^. wa^-e*. war.i?^ riai^^- riz^^^sk of way, or otk^ property aeti-t^-^-^ary f >r •iie i2»e of ^ae ^'.xrri*"X^ In case of the pv:r»:ria:«4> •:€ ^^v pm p^^r^ ^t ♦n^rh «ii:*tr>rt the bonds of the •i;«*Ti. t i*rr*r.naf*er cro'T^ided fo*- may be used at thetr par r\l-9^ :tl p;iT3i«kr wriuvnt pr*^',onn oScr of snch bon*is f-:? *ti>. Bit no '^ontra^-r in^o^la^ a consideracon ei!*^l:-^ ^r^ *i'V::i>and •♦! •.*>// ^'-,u' lars. and not ei.!**^t:a^ Tw^a-jd-*^ •.-lOTiiasd *2^ ♦<>■ dollars shall be ^j:i.:_z^x TUt^i^ ♦n* i r-or.rra^ *r^*, rje- authoriied and ra-iii^i ia vn^.:!^ \7 -#-.r >«i ^r.-^a one:- t irtmrtaa-nn third of the Ie»i •»->^:r^ ^tf «a.«i 'i ♦^r,--t ;i.''r'or^.-cr v, '^'^ -wnr.'^.tr v/ the nnmh^ of t-:^-^ »:i.^r i — h*^ .ii.*r 't **.rr'-' ^ fi^-^ cr. : nor ^'*^'' '^'^ shaD any <^»*Ta»"' ':i -t---*^ •-/ — r*n*^^i^* rv'.ni»i*Ti«i 4^25-000 d*'ii.ar* '♦^ " ti«: ' j: t."* . ♦•! -a '"'.r.*"*^.'*"' ♦i^i.. 254 IRRIGATION D1STRIC5TS. [Ch. 113. Distribution of rules and regu- lations. Apportionment of water. Rent of water. Rental. No prescriptive right to attach. Assignment of water right. Regular meet- ings. Special meet- ings. How called. Meetings public. Vote. Records open to inspection. Board enter upon land. Board may acquire land. have been authorized and ratified at an election, in man- ner as is provided for the issue of bonds. The said rules and regulations shall be printed in convenient form as soon as the same are adopted, for distribution in the district. All waters distributed shall be apportioned to each land owner pro-rata to the lands assessed under this act within such district. The board of directors shall have power to lease or rent the use of water or contract for the delivery thereof to occu- pants of other land within or without the said district at such prices and on such terms as they deem best, pro- vided the rental shall not be less than one and one-half times the amount of the district tax for which said land would be liable if held as a freehold, and provided further no vested or prescriptive right to the use of such water shall attach to said land by virtue of such lease or such rental, provided that any land owner in said district may with the consent of the board of directors assign the right to the whole or any portion of the water so appor- tioned to him for any one year where practicable to any other bona fide land owner, to be used in said district for use on his land for said year, provided such owners shall have paid all amounts due on assessments upon all such lands. Sec. 12. (Directors — Meetings — Duties — ^Domain — Public Use.) The board of directors shall hold a regu- lar quarterly meeting in their office on the first Tuesday in January, April, July and October, and such special meeting as may be required for the proper transaction of business. All special meetings shall be called by the president of the board, or any two directors. All meet- ings of the board must be public, and two members shall constitute a quorum for the transaction of business ; and on all questions requiring a vote there shall be a con- currence of at least two members of said board. All rec- ords of the board must be open to the inspection of any elector during business hours. The board, its agents, and employes, shall have the right to enter upon any land in the district, to make surveys and to locate and con- struct any canal or canals, and the necessary laterals. Said board shall also have the right to acquire all lands, water rights, franchises and other property necessary for the construction, use, maintenance, repair, and im- provement of its canals, ditches, reservoirs and water Ch. 113.] IRRIGATION DISTRICTS. 255 works; and shall also have the right by purchase or Right of emi- eondemnation to acquire rights of way for the construe- ^^^^ domain. tion or enlargement of any of its ditches, canals or res- ervoirs, Stlso lands for reservoir sites. Sec. 13. (Property— Title.) The title to all prop- erty acquired under the provisions of this act shall im- ^^JJf j^ district. mediately and by operation of law vest in such irrigation district, in its corporate name, and shall be held by such district in trust for, and is hereby dedicated and set apart for the uses and purposes set forth in this act, and shall be exempt from all taxation, and said board Exempt from is hereby authorized and empowered to hold, use and ac- taxation. quire, manage, occupy and possess said property as herein provided ; Provided, that, When any district contemplated purchase of in this act shall find it necessary to procure and acquire water. a supply of water from outside the boundaries of this State, then and in such event it shall be lawful for said payment, district to contract and pay for the same in the same manner as other property acquired by the district is purchased and paid for. Sec. 14. (Conveyances — Suits.) The said board is Board take hereby authorized and empowered to take conveyances ^0^^®^*^°®^- or assurances for all property acquired by it under the provisions of this act in the name of such irrigation dis- trict to and for the purposes herein expressed and to institute and institute and maintain any and all actions and proceed- maintain ac- ings, suits at law or in equity, necessary or proper iii^*°^^- order to fully carry out the provisions of this act or to enforce, maintain, protect, or preserve any or all rights, privileges and immunities created by this act or acquired in pursuance thereof. And in all courts, actions, suits, sue and be or proceedings the said board may sue, appear and de-^ued. fend in person or by attorneys and in the name of such irrigation district. Judicial notice shall be taken in all Judicial notice actions, suits and judicial proceedings in any court of o' district after this State of the organization and existence of any irri-^"^^ °' °^*'®^* gation district of this State, now or hereafter organized, from and after the filing for record in the office of the county clerk of the certified copy of the order of the board of county commissioners mentioned in section 3 of certified copy this act ; and a certified copy of said order shall be prima ot order prima facie evidence in all actions, suits and proceedings in any ^*^*® evidence, court of this State of the regularity and legal sufficiency of all acts, matters and proceedings therein recited and 256 IRRIGATION DISTRICTS. [Ch. 113. District conciu- Set forth ; and any such irrigation district, in regard to siveiy deemed which any fluch Order has been heretofore or may here- reguiar a'^er ^ after be entered, and such certified copy thereof, so filed ngr o or er. ^^^ record, and which has exercised or shall exercise the rights and powers of such a district, and shall have had or shall have in office a board of directors exercising the duties of their office and the legality or regularity of the Unless quo formation or organization whereof shall not have been warranto filed, questioned by proceedings in quo warranto instituted in the District Court of the county in which such dis- trict or the greater portion thereof is situated within one year from the date of such filing, shall be conclusively deemed to be a legally and regularly organized, estab- lished and existing irrigation district within the mean- ing of this act; and its due and lawful formation and organization shall not thereafter be questioned in any a(v tion, suit or proceeding whether brought under the pro- visions of this act or otherwise. Sec. 15. (Bonds — Elections.) For the purpose of constructing or purchasing or acquiring necessary reser- voir sites, reservoirs, water rights, canals, ditches and works, and acquiring the necessary property and rights therefor, for the purpose of paying the first year's interest upon the bonds herein authorized, and otherwise carry- Board estimate ing out the provisions of this act, the board of directors money needed. Qf ^ny such district Shall, as soou after such district has been organized as may be practicable, estimate and de- termine the amount of money necessary to be raised for Issuance of such purposes, and shall forthwith call a special election, bonds submitted at which election shall be submitted to the electors of to vote. g^^jj district possessing the qualifications prescribed by Notice of eiec- this act the question of whether or not the bonds of said tion posted and district shall be issued in the amount so determined. A published. notice of such election must be given by posting notices in three public places in each election precinct in said district for at least twenty days, and also by publication of such notice in some newspaper published in the county where the office of the board of directors of such district is required to be kept, once a week for at least three Contents of successive wecks. Such notice shall specify the time of notice. holding the election, the amount of bonds proposed to be issued, and said election must be held and the result thereof determined and declared in all respects as nearly as possible in conformity with the provisions of this act Ch. 113.] IBBIGATION DISTBIOTS. 257 governing the election of oflQcers; Provided, That Form of no informalities in conducting such election shall invali- ejection. date the same if the election shall have been otherwise : fairly conducted. At such election the ballots shall con- Form of tain the words "Bonds — Yes" or "Bonds — ^No" or words baiiot. equivalent thereto. If a majority of the legal electors who are freeholders and taxpayers within said district have voted "Bonds — ^Yes" the board of directors shall Board issue immediately cause bonds in such amount to be issued and^on^^s. payable in series as follows, to-wit: At the expiration of eleven years, not less than Periods at five per cent, of the whole amount and number of said'«^*i*ch bonds bonds; at the expiration of twelve years, not less than^"^® ^*^^ six per cent, of the whole amount and number of said bonds ; at the expiration of thirteen years, not less than seven per cent, of the whole amount and number of said bonds; at the expiration of fourteen years, not less than eight per cent, of the whole amount and number of said bonds; at the expiration of fifteen years, not less than nine per cent, of the whole amount and number of said bonds; at the expiration of sixteen years, not less than ten per cent, of the whole amount and number of said bonds; at the expiration of seventeen years, not less than eleven per cent, of the whole amount and number of said bonds ; at the expiration of eighteen years, not less than thirteen per cent, of the whole amount and number of said bonds; at the expiration of nineteen years, not less than fifteen per cent, of the whole amount and number of said bonds; at the expiration of twenty years, a per- centage suflQcient to pay off the remainder of said bonds ; that the several enumerated percentages be of the entire amount of the bond issue; that each bond must be pay- able at the given time for its entire amount, and not for a percentage ; that said bonds shall bear interest at the Rate of interest rate of not to exceed six per cent, per annum payable <>» bonds, semi-annually on the first day of June and December of each year. The principal and interest shall be payable at the oflflce of the county treasurer of the county in Bonds where which the organization of the district was effected as payable, aforesaid, and at such other place as the board of direc- tors may designate in such bond. Said bonds shall be Denomination each of the denomination of one hundred dollars, nor and form of more than five hundred dollars, shall be negotiable in*>^°**- 258 IRRIGATION DISTRICTS. [Oh. 113. form, executed in the name of the district and signed by the president and secretary, and the seal of the dis- Numbered and trict shall be affixed thereto. Said bonds shall be nnm- dated. bered consecutively as issued, and bear date at the time Interest ^f their issue. Coupons for the interest shall be attached oupons. ^^ ^^^^ bond bearing the lithographed signatures of the president and secretary. Said bonds shall express on Bonds show their face that they are issued by the authority of this authority. ^^^^ stating its title and date of approval. The secretary Record of bonds shall keep a record of the bonds sold, their number, date ■°^^- of sale, the price received, and the name of the purchaser. Provided, any such district may, by a majority vote of the legal electors of said district, provide for the issuance Bonds mature of bonds that will mature in any number of years less In less than aOfhan twenty, and arrange for the payment thereof, in ^^*^^* series as above provided; Provided, further, That when the money provided by any previous issue of bonds has become exhausted by expenditures herein authorized Additional issu- theref or, and it becomes necessary to raise additional ance of bonds, money for such purposes, additional bonds may be issued Issuance sub- submitting the question at special election to the qualified ™ir etection^^^ voters of said district, otherwise complying with the pro- visions of this section in respect to an original issue of Tax Is prior ®^^^ bonds; Provided, also. The lien for taxes, for the Hen. payment of the interest and principal of any bond issue, shall be a prior lien to that of any subsequent bond issue. Board sell Sec, 16. (Bonds — Sale — Proceeds.) The board may bonds. gell bonds from time to time in such quantities as may be necessary and most advantageous to raise the money for the construction or puchase of canals, reservoir sites, i-eservoirs, water rights and works, and otherwise to fully carry out the object and purposes of this act. Before making any sale the board shall, at a meeting, by resolu- tion declare its intention to sell a specified amount of the bonds and the day and hour and place of such sale, and shall cause such resolution to be entered in the min- Notice of sale utes, and notice of the sale to be given by publication published. thereof at least twenty days in a daily newspaper pub- lished in the City of Denver, and in any other newspaper, at their discretion. The notice shall state, that sealed Sealed pro- proposals will be received by the board at their oflSce, posais received. ^Q^ ^^ie purchase of the bonds, till the day and hour Award to high- named in the resolution. At the time appointed the board est bidder. shall Open the proposals and award the purchase of the Ch. 113.] IRRIGATION DISTRICTS. 259 bonds to the highest responsible bidfler and may reject May reject an all bids; but said board shall, in no event, sell any of^*^®- said bonds for less than ninety-five per cent, of the face value thereof. In case no bid is made and accepted as No bids for above provided the board of directors is hereby au-^^^^®^ ^^"ur- thorized to use said bonds for the purchase of canals, ^hase. ^^ ^^^' reservoir sites, reservoirs, water rights and works, or for the construction of any canal, reservoir and works; Provided, Such bonds shall not be so disposed of at less than ninety-five per cent, of the face value thereof. Sec. 17. (Bonds-^Payment — ^Lien.) Said bonds, and Bonds how the interest thereon, shall be paid by revenue derived ^®^*^' from an annual assessment upon the real property of the district, and the real property of the district shall be .j^^^^ and remain liable to be assessed for such payments as ^^^^^^ y ^ a e. herein provided. Sec. 18. (Board of Directors — Levy.) It shall be the Board deter- duty of the board of directors, on or before September™*^® expenses first of each year, to determine the amount of money y^^,^"^^" '^^ required to meet the maintenance, operating and cur- rent expenses for the ensuing year, and to certify to the certify to county commissioners of the county in which the office ^^^^^^^ ^g™" of said district is located, said amount, together with ™ ®^ ^^^"^^ such additional amount as may be necessary to meet any deficiency in the payment of said expenses theretofore incurred. Sec. 19. (Assessor — Assessment.) It shall be the Assessment duty of the county assessor of any county embracing the ™^^® f'^^ ^„ I- 1 J, s • • x* J' X • 1 X , entered upon whole or a part of any irrigation district, to assess and records by enter upon his records as assessor in its appropriate assessor, column, the assessment of all real e«tate, exclusive of improvements, situate, lying and being within any irri- gation district in whole or in part of such county. Im- mediately after said assessment shall have been extended as provided by law, the assessor shall make returns of Return of the total amount of such assessment to the county com- assessment. missioners of the county in which the office of said dis- trict is located. All lands within the district for the Equal acreage purposes of taxation under this act shall be valued by the tax. assessor at the same rate per acre; Provided, That in no case shall any land be taxed for irrigation purposes La^d incapable under this act, which from any natural cause cannot be of irrigation not irrigated, or is incapable of cultivation. taxed. 260 IRRIGATION DISTRICTS. [Ch. 113. County com- Sec. 20. (County Commissioners.) It shall be the "^t*^*T^" ^^ ^^^y ^^ *^^ county commissioners of the county in which ra e o evy. .^ jq^^^^^^ ^jjg office of any irrigation district, immedi- ately upon receipt of the returns of the total assessment of said district, and upon the receipt of the certificate of the board of directors certifying the total amount of money required to be raised as herein provided, to fix the rate of levy necessary to provide said amount of money, and to fix the rate necessary to provide the amount of money required to pay the interest and principal of the bonds of said district as the same shall become due; also, to fix the rate necessary to provide the amount of money required for any other purposes aa in this act provided, Certify rates to and which are to be raised by the levy of assessments other commis- upou the real property of said district; and to certify sioners. ^^^^ respective rates to the county commissioners of each Increase of county embracing any portion of said district. The rate i«vy. of levy necessary to raise the required amount of money on the assessed valuation of the property of said district shall be increased fifteen per cent, to cover delinquent Commissioners cies. For the purposes of said district it shall be the duty make levy. of the county commissioners of each county in which any irrigation district is located in whole or in part, at the time of making levy for county purposes, to make a levy, at the rates above specified, upon all real estate in said district within their respective counties. All taxes levied under this act are special taxes. County treas- Sec. 21. (District Treasurer.) The county treasurer urer made dis- of the county in which is located the office of any irriga- trict treasurer. ^^^^ district, shall be and is hereby constituted ex-officio district treasurer of said district, and said county treas- Liabiiity on ^rer shall be liable upon his official bond, and to indict- bond. ment and criminal prosecution, for malfeasance, mis- feasance or failure to perform any duty herein prescribed as county treasurer or district treasurer, as is provided by law in other cases as county treasurer. Said treasurer Keceipt for shall receive and receipt for all monevs belonging to said t'^xerconected. district. It shall be the duty of the county treasurer of each county in which any irrigation district is located, in whole or in part, to collect and receipt for all taxes levied as herein provided, in the same manner and at the same time as is required in the receipt for and collection Receive war- of taxes upon real estate for county purposes; Provided, rants. however, That such county treasurer shall receive in pay- Ch. 113.] IBRIGATION DISTRICTS. 261 ment of the general fund tax above mentioned for the year in which said taxes were levied, warrants drawn against said general fund the same as so much lawful money of the United States, if such warrant does not exceed the amount of general fund tax which the person tendering the same owes; Provided, further. That such Receive inter- county treasurer shall receive in payment of the district est coupons on bond fund taxes above mentioned for the year in which ^^^^ P^^t due. said taxes were levied, interest coupons or bonds issued by said irrigation districts maturing within said year, the same as so much lawful money of the United States, if such interest coupons do not exceed the amount of district bonds, fund which the person tendering the same owes. The county treasurer of each county comprising Remit to dis- a portion only of any irrigation district, excepting thetrict treasurer. county treasurer of the county in which the office of said district is located, on the first Monday of every month, shall remit to the district treasurer aforesaid, all moneys, warrants and coupons theretofore collected or received by him on account of said district. Every county treas-Keep separate urer shall keep a bond fund account and a general fund accounts, account. The bond fund shall consist of all moneys re- Bond fund ceived on account of interest and principal of the bonds consist of. issued by said district, said accounts for interest and principal, each to be kept separate. The general fund General fund shall consist of all other moneys received. The district consist of. treasurer aforesaid shall pay out of said bond fund, when interest and due, the interest and principal of the bonds of said dis- p^^^^^p^^ p^^" trict, at the time and at the place specified in said bonds, ^^^® ''^"^ ^°^^ and shall pay out of said general fund only upon order General fund signed by the president and countersigned by the secre-draw upon by tary of said district, as herein provided. The district o''^®^- treasurer, on the fifteenth day of each month, shall re- District treas- port to the board of directors of said district the amount ^^^^^* report. of money in his hands to the credit of the respective funds above provided. All such district taxes collected and paid to the county treasurer as aforesaid shall be re- Treasurers' ceived by said treasurers in their official capacity, and ''®®p®^^*^*"*^' they shall be responsible for the safe keeping, disburse- ment and payment thereof the same as for other moneys collected by them as such treasurers; Provided, Said ^^^^^y ^^®^^- county treasurer shall not receive any commission for the ^^^^g^^^^^^^^jj^. collection of said district taxes or any extra compensa- pensation. tion for acting as such district treasurer other than the 262 IBBI6ATI0M DISTRICTS. [Oh. 113. Revenue laws applicable. Board adopt plans and ad- regular salary as such county treasurer of his respective county. Sec. 22. (Assessment — Collection.) The revenue laws of this State for the assessment, levying and collec- tion of taxes on real estate for county purposes, except as herein modified, shall be applicable for the purposes of this act, including the enforcement of penalties and forfeiture for delinquent taxes. Sec. 23. (Construction — Contracts.) After adopt- ing a plan for the construction of canals, reservoirs, and vertise for bids, ^orks, the board of directors shall give notice, by publi- cation thereof, not less than twenty days in a newspaper published in each of the counties into which any such irrigation extends, provided a newspaper i« published therein, and in such other newspapers as they may deem advisable, calling for bids for the construction of said work or any portion thereof; if less than the whole work Contents of call ^® advertised, then the portion so advertised must be for bids. particularly described in such notice; said notice shall set forth that plans and specifications can be seen at the oflflce of the board, and that the board will receive sealed proposals therefor, and that the contract will be let to the lowest responsible bidder, stating the time and the place for opening the proposals, which at said time and place shall be opened in public, and as soon as convenient thereafter the board shall let said work, either in por- tions, or as a whole, to the lowest responsible bidder, or they may reject any or all bids and readvertise for pro- posals, or may proceed to construct the work under their own superintendence. Contracts' for the purchase of material shall be awarded to the lowest responsible bid- der. The person or persons to whom a contract may be awarded shall enter into a bond, with good and suflBcient sureties, to be approved by the board, payable to said dis- trict for its use, for not less than ten per cent, of the amount of the contract price, conditioned for the faith- of ful performance of said contract. The work shall be done under the direction and to the satisfaction of the engineer in charge, and be approved by the board. Claims must be ^ec. 24. (Claim— Audit— Payment— Financial Re- aiiowed by port.) No claims shall be paid by the district treasurer board. until the same shall have been allowed by the board, and only upon w^arrants signed by the president, and counter- Proposals. Board may re- ject bids. Contract awarded. Bond. Supervision work. Ch. 113.J IBEIGATION DISTRICTS. 263 signed by the secretary, which warrants shall state the date authorized by the board and for what purposes; and insufficient if the district treasurer has not sufficient money on hand ^unds to pay to pay such warrant when it is presented for payment, he^^""*^*®* shall endorse thereon "not paid for want of funds, this Treasurer en- warrant draws interest from date at six per cent, per dorse warrants. annum,'' and endorse thereon the date when so presented, over his signature, and from the time of such presenta- warrants draw tion until paid such warrant shall draw interest at the interest. rate of six per cent, per annum ; Provided, When there is when warrants more than the sum of one hundred dollars or more in*^® ^^^^' the hands of the treasurer it shall be applied upon said warrant. All claims against the district shall be verified the same as required in the case of claims filed against claims must be counties in this State, and the secretary of the district is verifled. hereby authorized and empowered to administer oaths to the parties verifying said claims, the same as the county clerk or notary public might do. The district treasurer Treasurer keep shall keep a register in which he shall enter each warrant register of presented for payment,^ showing the date and amount of ^^"*'**^- such warrant, to whom payable, the date of the presenta- tion for payment, the date of payment, and the amount paid in redemption thereof, and all warrants shall be order of pay- paid in the order of their presentation for payment to ™ent of war- the district treasurer. All warrants shall be drawn pay- ^^^*®' able to the claimant or bearer, the same as county war- warrants pay- rants *^^® ^® bearer. Sec. 25. For the purpose of defraying the expenses Expenses met of the organization of the district, and the care, opera- ^y~ tion, management, repair and improvement of all canals, ditches, reservoirs and works, including salaries of offi- cers and employes, the board may either fix rates of tolls toiis or— and charges and collect the same of all persons using said canal and water for irrigation, or other purposes, and in addition thereto may provide, in whole or in part, for the payment of such expenditures by levy of assess- Assessments— ments therefor, as heretofore provided, or by both tolls ^'* ^°*^- and assessment; Provided, That in case the money raised if money by the sale of bonds issued be insufficient, and in case^^'^®^ ^^ ^^'^^^ bonds be unavailable for the completion of the plans of board "i?^^°*' works adopted, it shall be the duty of the board of direc- assessment. tors to provide for the completion of said plans by levy of an assessment therefor in the same manner in which 264 lEEIGATION DISTRICTS, [Ch. 113. May construct works across streams, etc. When eminent domain exer- cised. Dedication of right-of-way on State lands. Salaries of board and officers. Director can not be inter- ested in con- tract or- Recelve benefit or bribe. Felony. Penaltj'. Debts in excess of provisions of act void. levy of assessments is made for the other purposes pro- vided for in this act. Sec. 26. (Crossing Streams, Highways, Railroads, State Lands, Etc.) The board of directors shall have the i:ower to construct the said works across any stream of water, water course, street, avenue, highway, railway, canal, ditch, or flume which the route of said canal or canals may intersect or cross; and if such railroad com- pany and said board, or the owners and controllers of said property, thing or franchise so to be crossed, can not agree upon the amount to be paid therefor, or the points or the manner of said crossings, the same shall be ascer- tained and determined in all respects as is provided in respect to the taking of land for public uses. The right- of-way is hereby given, dedicated, and set apart, to locate, construct and maintain said works, or reservoirs, over, through, or upon any of the lands which are now, or may be the property of the State. Sec. 27. (OflScers' Salaries — ^Not Interested in Con- tracts.) The board of directors shall jeach receive at the rate of two and one-half dollars per day while attending meetings, and their actual and necessary expenses while engaged in oflScial business. The salary of the secretary shall not exceed eight hundred dollars per annum. No director or any oflGicer named in this act shall, in any manner, be interested, directly or indirectly, in any con- tract awarded or to be awarded by the board, or in the profits to be derived therefrom; nor shall receive any bonds, gratuity, or bribe, and for any violation of this provision, such officer shall be deemed guilty of a felony, and such conviction shall work a forfeiture of his oflBce, and he shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the Penitentiary not exceeding five years nor less than one year. Sec. 28. (Limit of Indebtedness.) The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express pro- visions of this act, and any debt or liability incurred in excess of such express provisions shall be and remain absolutely void. Sec. 29. (Insufficient Supply — Distribution.) In case the volume of water in any canal, reservoir or other (:!h. 113.] IBBIGATION DISTRICTS. 265 works in any district shall not be sulHcient to supply k supply is in- the continual wants of the entire district and susceptible sufficient, direct of irrigation therefrom, then it shall be the duty of the^^^/^PP^''**°" board of directors to distribute all available water upon ^* ®'' certain or alternate days to different localities, as they may in their judgment think best for the interests of all parties concern-ed. Sec. 30. (Compensation for Property Taken.) Compensation Nothing herein contained shall be deemed to authorize**' ^ pa*<* 'or any person or persons, to divert the waters of any river, ^^^^^ taken. creek, stream, canal, or reservoir to the detriment of any person or persons having a prior right to the waters of such river, creek, stream, canal, or reservoirs, unless previous compensation be ascertained and paid therefor, under the laws of this State authorizing the taking of private property for public use. Sec. 31. (Boundaries — Change Of — Effect.) The Boundaries may boundaries of any irrigation district now or hereafter ^® changed, organized under the provisions of this act, may be changed in the manner herein prescribed ; but such change of the boundaries of the district shall not impair or affect its organization, or its rights in or to property, or any of its Change does rights or privileges of whatsoever kind or nature, nor^^^* **^®^^ ®^*^^" shall it. affect, impair, or discharge any contract, obliga- JJ* ^^^ ^^^ ^* tion, lien, gr charge for, or upon which it was or might become liable or chargeable had such change of its bound- aries not been made. Sec. 32. (Contiguous Territory — Annexation Pe- owners of tition.) The holder or holders of title, or evidence of °o"^*«^<^"s title, representing a majority of the acreage of any body petition of land adjacent to or situate within the boundaries of any irrigation district, may file with the board of di- rectors of said district a petition in writing, praying that such lands be included in such district. The petition shall describe fhe tracts, or body of land contents of owned by the petitioners, but such description need not ^®^***^'*' be more particular than is required when such lands are entered by the county assessor in the assessment book. Such petition shall be deemed to give the assent of the^^^'^s*^"*^"*'^ ^^ petitioners to the inclusion in said district of the lands ^®**"^"' described in the petition, and such petition must be ac- knowledged in the same manner that conveyances of land are required to be acknowledged. 266 IRRIGATION DISTRICTS. [Ch. 113. Secretary grive gec. 33. (Contiguous Territory — Notice.) The sec- notice of filing retary of the board of directors shall cause notice of the o petition. filing of such petition to be given and published once each week for three successive weeks, in a newspaper pub- lished in the county where the office of said board is sit- not'ice'*** ^^ uate, which notice shall state the filing of such petition and the names of the petitioners, a description of the lands mentioned in said petition, and the prayer of said petitioners; giving notice to all persons interested, to appear at the office of said board at a time named in said notice, and show cause, in writing, if any they have, why the petition should not be granted. The time speci- fied in the notice at which it shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the Petitioners ad- i^otice. The petitioner, or petitioners, shall advance to vance costs to the Secretary sufficient money to pay the estimated cost secretary. Qf ^H proceedings under such petition before the secretary shall be required to give such notice. Hearing of peti- Sec. 34. (Contiguous Territory — Hearing.) The tion and ob- board of directors, at the time and place mentioned in jections. g^.^ notice, or at such time or times to which the hearing Objections pre- ^^ ®^^^ petition may adjourn, shall proceed to hear the sented In petition, and all objections thereto, presented in writing writing. by any person, showing cause as aforesaid, why said pe- Faiiure to titiou should uot be granted. The failure of any person show cause. interested to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to the in- clusion of such lands in said district as prayed for in said petition. Board may re- ^^C- ^5. (Payment.) The board of directors, to quire payment whom such petition is presented, may require as a con- from peti- ditiou precedent to the granting of the same, that the tioners. petitioners shall severally pay to such district such re- spective sums, as nearly as the same can be estimated by the board, as said petitioners or their grantors would have been required to pay to such district as assessments for the payment of its pro, rata share of all bonds and the interest thereon, which may have previously thereto been issued by said district had such lands been included in such district at the time the same was originally formed or when said bonds were so issued. Sec. 36. (Boundaries — Orders.) The board of di- rectors if they deem it not for the best interests of the Ch. 113.] IRRIGATION DISTRICTS. 267 district to include therein the lands mentioned in the Board, may petition, shall by order reject the said petition, but if reject or admit they deem it for the best interests of the district that ^^^^^^^ ^^^p^^j. said lands be included the board may order that the dis-tion. trict be so changed as to include therein the lands men- tioned in the said petition. The order shall describe the entire boundaries of the district with the lands so in- cluded, if the district boundaries be changed thereby, and order if for that purpose the board may cause a survey to be boundaries made of such portion of such boundaries as may be °***"*^®*** deemed necessary, Provided, if within thirty days f rom proviso-if the making of such order a majority of the qualified protest is med electors of the district protest in writing to said board ^^^^^'^^^ ^^^®''* against the inclusion of such lands in said district, said order shall be held for naught and such lands shall not be included therein. Sec. 37. (Order— Record— Effect.) Upon the al-« no protest lowance of such petition and in case no protest has been^^^y ^Tol-der^ filed with the board within thirty days after the entry and piats. of said order as aforesaid, a certified copy of the order of the board of directors making such change, and a plat of such district, showing such change, if any, certified by the president and secretary, shall be filed for record in the oflSce of the clerk and recorder of each county in where med. which are situate any of the lands of the district, and the district shall remain an irrigation district, as fully toj^j^^^®®^^*^^*^' every intent and purpose as if the lands which are in- p^anjl^ made eluded in the district by the change of the boundaries as aforesaid, had been included therein at the organization of the district; and said district as so changed and all the lands therein shall be liable for all existing obliga- tions and indebtedness of the organized district. Sec. 38. (Records — Evidence.) Upon the filing of Record of peti- the copies of the order and the plat, as in the last pre- "^"board"'*""^^^ ceding section mentioned, the secretary shall record in° the minutes of the board the petition aforesaid ; and the said minutes, or a certified copy thereof, shall be admis- Admissible in sable [admissible] in evidence with the same effect as the®^*^®^^®* petition. Sec. 39. (Legal Representatives Petitioners.) A Representative guardian, executor or an administrator of an estate, who ^^^ represent is appointed as such under the laws of this State, and^^^^® ^'^°^" ivho, as such guardian, executor or administrator, is en- titled to the possession of the lands belonging to the 268 IRRIGATION DISTEIC5TS. [Ch. 113. If petition allowed board re-divlde dis- trict. Three divisions. Director to be elected from each. Board establish precincts. Lands may be excluded from district. Effect of exclusion. Owners of land file petition. Contents of petition. estate which he represents, may on behalf of his ward or the estate which he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition in this act mentioned, and may show cause, as in this act mentioned, why the boundaries of the dis- trict should not be changed. Sec. 40. (Redivision of District — Election of OflS- cers.) In case of the inclusion of any land within any district by proceedings under this act the board of di- rectors shall, at least thirty days prior to the next suc- ceeding general election, make an order redividing such district into three divisions, as nearly equal in size as may be practicable, which shall be numbered first, sec- ond and third, and one director shall thereafter be elected by each division. For the purposes of election the board of directors shall establish a convenient num- ber of election precincts in said districts, and define the boundaries thereof, which said precincts may be changed from time to time as the board may deem necessary. Sec. 41. (Exclusion of Lands.) Any tract of land included within the boundaries of any such district, at or after its organization, under the provisions of this act, may be excluded therefrom, in the manner herein prescribed, but such exclusion of land from the district shall not impair or affect its organization, or its rights in or to property, or any of its rights or privileges of whatever kind or nature ; nor shall such exclusion affect, impair or discharge any contract, obligation, lien or charge for or upon which it would or might become liable or chargeable, had such land not been excluded from the district. Sec. 42. (Petition for Exclusion.) The owner or owners in fee of any lands constituting a portion of any irrigation district may file with the board of directors of the district, a i)etition praying that such lands may be excluded and taken from said district. The petition shall describe the lands which the petitioners desire to have excluded, but the description of such lands need not be more particular than required when lands are entered in the assessment book by the county assessor. Such petition must be acknowledged in the same manner and form as is required in case of a conveyance of land. Ch. 113.] IRRIGATION DISTRICTS. 269 Sec. 43. (Same — Notice.) The secretary of the secretary gives board of directors shall cause a notice of the filing ^^^f^^J^on^"^* such petition to be published for at least three weeks in^ ^ some newspaper published in the county where the oflSce of the board of directors is situated, and if any portion of when and how said district lie within another county or counties, then "<^^<5« s^^en. said notice shall be so published in a newspaper published within each of said counties; or if no newspapers be pub- lished therein, then by posting such notice for the same time in at least three public places in said district, and in case of the posting of said notices, one of said notices must be so posted on the lands proposed to be excluded. The notice shall state the filing of such petition, the contents of names of the petitioners, description of the lands men-^*'"^®- tioned in said petition, and the prayer of said petitioners ; and it shall notify all persons interested to appear at the office of said board at a time named in said notice, and show cause in writing, if any they have, why said peti- tion should not be granted. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioner or petitioners shall advance to Petitioners ad- the secretary sufficient money to pay the estimated cost^*"^® ^^^^^ ^^ of all proceedings under such petition before the secre- °®°^® *^^* tary shall give such notice. Sec. 44. (Same — Hearing.) The board of directors Hearing of at the time and place mentioned in the notice, or at the o^VgcS^ns'^'^ time or times to which the hearing of said petition may ° be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by any persons, objections pre- showing cause as aforesaid why the prayer of said pe- rented in wnt- tition should not be granted. The filing of such peti- *"^* tion with such board, as aforesaid, shall be deemed and construction of taken as an assent by each and all of such petitioners to petition, the exclusion from such district of the lands mentioned in the petition, or any part thereof. Sec. 45. (Same — Orders.) The board of directors, Board may if they deem it not for the best interest of the district srant or refuse that the lands mentioned, in the petition or some portion p®****^'^- thereof, should be excluded from said district, shall order that said petition be denied; but if they deem it for the best interest of the district that the lands mentioned, in the petition, or some portion thereof, be excluded from 270 IRRIGATION DISTRICTS. [Ch. 113. the district, and if there are no outstanding bonds of the district, then the board may order the lands mentioned in the petition, or some defined portion thereof, to be ex- Proviso-if pro- cluded f rom the district. Provided, if within thirty days test is filed from the making of snch order a majority of the quali- against order, g^ electors of the district protest in writing to said board against the exclusion of such lands from said district, said order shall be held for naught and such lands shall not be excluded therefrom. If no protest Sec. 46. (Order — Record — Effect.) Upon the al- flied board file lowauce of such petition and in case no protest has been copy of order flje^ ^i^]^ ^jj^ board within thirty days after the entry and plats. ^^ ^^^^ Order as aforesaid, a certified copy of the order of the board of directors making such change and a plat of such district showing such change, certified by the Where filed, president and secretary, shall be filed for record in the office of the clerk and recorder of each county in which are situate any of the lands of the district, and the dis- District re- trict shall remain an irrigation district as fully to every mains as if no intent and purpose as if the lands which are excluded by change made, ^j^^ change of the boundaries as aforesaid, had not been excluded therefrom. Division of dis- Sec. 47. (Division of Districts.) At least thirty trict into three days before the next general election of such district the aivisions. board of directors thereof may make an order dividing said district into three divisions, as nearly equal in size as practicable, which shall be numbered first, second and Director to be third, and one director shall be elected for each division elected from by the qualified electors of the whole district. For the ®*^**' purpose of election in such district the said board of Board estab- directors must establish a convenient number of election iish precincts, precincts, and define the boundaries thereof, which said precincts may be changed from time to time, as the board of directors may deem necessary. Owners of land Scc. 48. (Dissolution of District — Election.) file petition to Whenever a majority of the resident freeholders, repre- dissoive. sentiug a majority of the number of acres of the irri- gable land, in any irrigation district organized, or here- after to be organized, under this act, shall petition the Ask for spe- board of directors to call a special election, for the ciai election, purpose of Submitting to the qualified electors of said irrigation district a proposition to vote on the dissolu- tion of said irrigation district, setting forth in said peti- Ch. 113.] IRRIGATION DISTRICTS. 271 tion, that all bills and claims of every nature whatsoever contents of have been fnlly satisfied and paid, it shall be the duty of petition. said directors, if they shalP be satisfied that all claims and bills have been fully satisfied, to call an election, set- when board ting forth the object of the said election, and to cause^^"^ election. notice of said election to be published in some newspaper in each of the counties or county in which said district is located, for a period of thirty (30) days prior to Notice of eiec- said election, setting forth the time and place for hold- **^"' ing said election in each of the three voting precincts in said district. It shall also be the duty of the directors Board prepare to prepare ballots to be used at said election on whicfi ^®^"*'^®* shall be written or printed the words : "For Dissolution Form of —Yes/' and "For Dissolution— No." ^^i^^- Sec. 49. (Same — Canvass — Record.) The board of canvass of directors shall name a day for canvassing the vote, and ^^*®®- if it shall appear that a majority of said ballots contain if vote amrma- the words, "For Dissolution— Yes" then it shall be tlie**^®^^^^*^^^^^®" duty of said board of directors to declare said district ^j^lorg^ni^e^ to be disorganized, and shall certify to the county clerk certify order. of the respective counties, in which the district is situ- Certificate to ated, stating the number of signers to said petition. That *'''^®^- said election was called and set for the day of month of year. That said election was hold and that so many votes (stating the number) had been cast for, and that so many votes (stat- ing the number) had been cast against said proposition, said certificate to bear the seal of the district, and the certificate signatures of the president and secretary of said l>o^rd^|^^®^ ^^^ of directors. And it shall be the duty of the said respec- tive clerks to record all such certificates in the records cerUficates of the respective counties. Should it appear that a ma- ^®^<^r<*«<*- jority of the votes cast at said election were "For Dis- solution — No," then the board of directors shall declare ^^ vote nega- the proposition lost and shall cause the result and the "j^® J^^^p^^®^^ vote to be made a part of the records of said irrigation tion lost. district. Sec. 50. (Judicial Examination and Confirmation.) special pro- The board of directors of an irrigation district organized yaiwity^ of *^** under the provisions of this act may commence special bonds, proceedings, in and by which the proceedings of said board and of said district providing for and authorizing the issue and sale of the bonds of said district, whether 272 IRRIGATION DISTRICTS. [Oh. 113, Petition tiled by board. Contents of petition. Hearing. Clerk gives notice of time of. Notice— how given. Contents of notice. Who may file answer. Rules of procedure. Person answer- ing becomes defendant. said bonds or any of them have or have not been sold, or disposed of, may be judicially examined, approved and confirmed. Sec. 51. (Same — Petition.) The board of directors of the irrigation district shall file in the district court of the county in which the lands of the district, or some portion thereof, are situated, a petition, praying, in effect, that the proceedings aforesaid may be examined, ap- proved and confirmed by the court. The petition shall state the facts showing the proceedings had for the issue And sale of said bonds, and shall state generally that the irrigation district was duly organized, and that the first board of directors was duly elected, but the petition need not state the facts showing such organization of the dis- trict, or the election of said first board of directors. Sec. 52. (Same — ^Notice of Hearing.) The court shall fix the time for the hearing of said petition and shall order the clerk of the court to give and publish a notice of the filing of said petition. The notice shall be given and published for three successive weeks in a newspaper published in the county where the office of the district is situated* The notice shall state the time and place fixed for the hearing of the petition and the prayer of the petitioners, and that any person interested in the organization of said district, or in the proceedings for the issue or sale of said bonds, may, on o^ before the day fixed for the hearing of said petition, demur to or answer said petition. The petition may be referred to and de- scribed in said notice as the petition of the board of directors of irrigation district, (giving its name) praying that the proceedings for the issue and sale of said bonds of said district may be examined, ap- proved and confirmed by the court. S^c. 53. (Same — Answer — Pleading.) Any person interested in said district, or in the issue or sale of said bonds, may demur to or answer said petition. The pro- visions of the Code of Civil Procedure respecting the demurrer and answer to a verified complaint shall be applicable to a demurrer and answer to said petition. The person so demurring and answering said petition shall be the defendant to the special proceeding, and the board of directors shall be /the plaintiff. Every material statement of the petition not specifically controverted Ch. 113.] IRRIGATION DISTRICTS. 273 by the answer shall, for the purpose of said special pro- statements not ceeding, be taken sls true, and each person failing to controverted answer the petition shall be deemed to admit as true all^®®™®^ ^'^^®- the material , statement of the petition. The rules of Appeals and pleading and practice relating to appeals and writs of ^nts. error provided by the Code of Civil Procedure which are not inconsistent with the provisions of this act are ap- plicable to the special proceedings herein provided for. Sec. 54. (Same — Determination — Costs.) Upon the courts examine hearing of such special proceeding the court shall find ^^^ *^ifdit"^^ ? " and determine whether the notice of the filing of the proceedings. *^ petition has been duly given and published for the time and in the manner in this act prescribed, and shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm, each and all of the proceedings for the organization of said district under the provisions of said act, from and includ- ing the petition for the organization of the district, and all other proceedings which may affect the legality or validity of said bonds, and the order of the sale and the sale thereof. The court, in inquiring into the regularity, court to dis- legality or correctness of said proceedings, must disre- '®^*'<* imma- gard any error, irregularity or omission which does not^^'^*^^ ®"^^' affect the substantial rights of the parties to said special proceedings; and the court may by decree approve and court may confirm such proceedings in part, and disapprove and approve m part. declare illegal or invalid other or subsequent parts of the proceedings. The costs of the special proceedings ^°®**'* may be allowed and apportioned between the parties, in the discretion of the court. Sec. 55. That an act entitled an act to provide for^^P®®^^- the organization and government of irrigation districts etc., approved April 12th, 1901, and all acts and parts of acts amendatory thereof, be and the same are hereby repealed. Provided, Nothing herein contained shall in- Proviso-as to validate or affect any act or proceeding done or pending p''^°®®^*^^ thereunder; but all such pending proceedings may bCpg^ding! continued and concluded under such repealed provisions, the same as if this statute had not been adopted, or may be continued or concluded under the provisions of this act; And, Provided further, That nothing herein con- ^j^^^g^^^j^^^^^y tained shall impair the organization rights, powers and acquired. 274 ITINERANT VENDOR. [Ch. 114. privileges of any irrigation district organized under any act or provision so repealed. Emergrency. Sec. 56. In the opinion of the General Assembly an emergency exists; therefore this act shall be in force and take effect from and after its passage. Approved May 3, 1905. CHAPTER 114. ITINERANT VENDOB. LICENSE. (S. B. No. 176, by Senator Wood.) AN ACT TO PREVENT AND PUNISH FRAUD IN SALES OF MANUFAC- TURED GOODS, WARES AND MERCHANDISE BY "ITINER- ANT VENDORS," AND TO REGULATE SUCH SALES. Construction of term. When act does not apply. Be it Enacted by the General Assembly of the State of Colorado: Section 1. The term, "Itinerant Vendor," for the purposes of this act shall mean and include any person, either principal or agent, who engages in either a tem- porary or transient business in this State, either in one locality or in traveling about the country or from place to place, selling manufactured goods, wares or merchan- dise, and it shall include peddlers and hawkers and also those who for the purpose of carrying on their temporary or transient business hire, lease or occupy a building, structure, tent, car, boat, vehicle, storeroom or place of any kind for the exhibition and sale of any manufac- tured goods, wares or merchandise. Sec. 2. The provisions of this act shall not apply to commercial travelers or agents selling to merchants in ths [the] usual course of business, and they shall not apply to the sale of goods, wares, or merchandise in original packages from other states as permitted by the laws of Ch. 114.] ITINERANT VENDOR. 275 the United States' applicable to interstate commerce be- tween the states; and Provided, further, That the pro- visions of this act shall not apply to the sale of books, papers or school supplies, garden truck or farm produce. Sec. 3. Except as permitted by the preceding sec- License must tion of this act, it shall not be lawful for any person tot>® obtained. be engaged in any manner in the business of an "Itin- erant Vendor,'^ as defined by section 1, of this act, unless such person shall be duly licensed so to do under the pro- visions of this act. Sec. 4. The county clerk and recorder shall grant a county clerk county license to any person making due application errant license. therefor to engage in the business of an "Itinerant Vendor" who shall first file in the office of the county when, clerk and recorder a written certificate signed by any judge of a court of record in this State or by the ma- jority of the members of the board of county commis- sioners of the county in this State in which the applicant resides, stating that to the best knowledge, information and belief of the judge or commissioners making the cer- tificate the applicant for a license therein named is of good repute for morals and integrity, and that he is or has legally declared his intention to become a citizen of the United States. Such judge of a court of record or the county commissioners, before making any such certificate, shall require the applicant to make oath that he is theoath of person named therein; that he then is a citizen of the applicant. United States, or that he has legally declared his inten- tion to become such a citizen ; that in the business of an "Itinerant Vendor" he will comply with the laws of the United States, and the laws of the State of Colorado, and that in his business as an "Itinerant Vendor," he will not commit any fraud, sell any manufactured goods, wares or merchandise by any false or short weight or measure, or sell any goods, wares or merchandise as be- ing composed or manufactured in whole or part of ma- terial or ingredients different from which such manufac- tured goods, wares or merchandise are actually composed or manufactured, or sell any manufactured goods, wares or merchandise which are partly or entirely of a poison- ous character or nature, for the consumption of human beings, animals or fowls, or for application to the body, hair or skin of any human being or animal, and such 276 ITINERANT VENDOR. [Ch. 114. Oath certified, oath Shall be certified in writing upon the certificate by an officer duly authorized to administer oaths^ Fees for license g^c. 5. Every "Itinerant Vendor," before making any sale of manufactured goods, wares or merchandise in any county in this State shall procure a license from the county clerk and recorder of that county and pay the fol- • lowing named fees therefor, viz. : For each "Itinerant Vendor" traveling on foot, five dollars. For each "Itinerant Vendor" traveling on a bicycle or tricycle, fifty dollars. For each "Itinerant Vendor" traveling by carriage or other vehicle drawn by one horse or other animal, one hundred dollars. For each "Itinerant Vendor'^ traveling by carriage or other vehicle drawn by two or more horses or other an- imals, one hundred and fifty dollars. For each "Itinerant Vendor" traveling by automobile or other self-propelling vehicle or carriage, two hundred dollars. For each "Itinerant Vendor" traveling in any other manner than hereinbefore described, two hundred and fifty dollars. For each "Itinerant Vendor" doing business in any building, structure, tent, car, boat, stationary vehicle, storeroom or certain place of any kind for the exhibition and sale of any manufactured goods, wares or merchan- dise for each such building, structure, tent, car, boat, sta- tionary vehicle, storeroom or place, two hundred and fifty dollars, and for each assistant to any "Itinerant Vendor" in any county there shall be paid the sum of twenty-five dollars. Sec. 6. Application for an "Itinerant Vendor's" license shall be made in writing by the applicant to the county clerk and recorder for inspection and upon the payment of the proper license fee as indicated in section 5 of this act, whereupon the clerk shall issue to the ap- plicant a license authorizing him to do business as an "Itinerant Vendor" in that county for one year from the date of issuing such license in the particular manner de- scribed in such license, and such license shall be num- bered consecutively and name the persons authorized to Fee paid for assistant. Application in writing. When license issues. Term of license. Ch. 114.] ITINERANT VENDOR. 277 act thereunder not exceeding one principal and two as- sistants^ and a license shall not be transferable. Sec. 7. Each county clerk and recorder shall keep ^^^^rds kept uy county clerk on file all papers filed with him in connection with each license issued by him and he shall keep a record of all such licenses with the numbers^ and of all license fees paid to him, and of the names and residences of each person and assistant acting under each license issued by him, and all such files and records shall be open, to public inspection. Sec. 8. Ail fees paid to clerks of counties for licences Application granted under the provisions of this act shall be for the °^ '®®s- use of the county in which the license is granted. Sec. 9. Every person licensed as aforesaid as an Licensee post "Itinerant Vendor" shall post his name, residence and the"^™? ^"^^ , -1.,. . . ,. number where. number of his license m a conspicuous manner upon his pack parcels or vehicle or in a prominent place in his place of business, and when his license is demanded of him by any county officer, magistrate, sheriff, deputy Must show sheriff, constable or police officer, he shall forthwith ex- license. hibit it, and if he neglects or refuses so to do, he shall Refusal to shos be subject to the same penalty as if he had no license. license. Sec. 10. The license or licenses of any person who License void on may be convicted of a violation of any of the provisions ^^^^^^^ ^' of this act shall from the date of such conviction be null and void. Sec. 11. Whoever counterfeits or forges a license, Forged license. or has a counterfeited or forged license in his possession with intent to utter or use the same as true, knowing it to be false or counterfeit, shall be punished by a fine of penalty. not less than 25 dollars, nor more than 300 dollars, or by imprisonment in the county jail for a period of not less than 10 days, nor more than ninety days, or by both such fine and imprisonment. Sec. 12. Every "Itinerant Vendor^' who sells or ex- selling without poses for sale, either at public or private sale, in any ^ ncense. county in this State, any manufactured goods, wares or merchandise, without first having procured a license from the county in which he sells or exposes for sale such manufactured goods, wares or merchandise as provided for in this act, or files an application, original or supple- mentary, with the county clerk and recorder of any 278 ITINEBANT VENDOB. [Ch. 114. Breach of requirements. Penalty. Refusal to pay license. Action to recover fee. False statement county, which contains any false statement, or being in application, licensed according to the terms of this act fails to comply with all the requirements of this act, and every person, both principal or agent, who by circular, handbill, news- paper, or in any manner whatsoever advertises any such unlicensed sale shall be punished by a fine of not less than 10 dollars, and not more than 100 dollars, or by imprisonment in the county jail for a period of not less than 10 nor more than 90 days, or by both such fine and imprisonment. • Sec. 13. If a person who is liable for the payment of any license fee under the terms of this act, shall, after demand being made upon him by the county clerk and recorder of the county, in which such liability occurs, or by any sheriff or deputy sheriff of that county, refuses or neglects to pay to the county clerk and recorder the fee provided for' in this act, the said county clerk may, in his own name, but for the use and benefit of the county, be- gin and maintain against the delinquent "Itinerant Vendor" an action at law for the recovery of such license fee, and for the purpose of securing any judgment which he may recover in any such action, such county clerk may have the said goods, wares and merchandise of such "Itinerant Vendor" in his county attached and held in like manner as is provided for in cases of attachment. Sec. 14. If any person shall make any false or un- true oath for the purpose of procuring from any judge or county commissioner any certificate as provided for in section 4 of this act, he shall be held guilty of perjury and on convictiofi thereof in a court of competent juris- diction he shall be punished as is or may be provided hy law for the punishment of perjury committed in court on the trial of a cause. Sec. 15. If any licensed "Itinerant Vendor" or any assistant of any licensed vendor shall commit any fraud in the sale of any manufactured goods, wares or mer- chandise by any false or short weight or measure, or sell any manufactured goods, wares or merchandise as being composed or manufactured in whole or part of material or ingredients different from which such manufactured goods, wares or merchandise are actually composed or manufactured, or sell any manufactured goods, wares or merchandise which are partly or entirely of a poisonous Attachment of goods. False oath. Perjury. Fraud in sale of goods. Ch. 115.] JUDiciABY. 279 character or nature for the consumption of human he- ings, animals or fowls, or for application to the hody, hair or skin of any human being or animal, he shall be Penalty, punished by a fine of not less than thirty dollars and not more than three hundred dollars, or by imprisonment in the county jail for a period of not less than thirty days, nor more than ninety days, or by both such fine and im- prisonment. Sec. 16. Justices of the peace shall have jurisdic- J"'**^^*^^^^" tion, concurrent with District Courts, to hear, try and °^ ^^^^^^ determine all civil actions, and all criminal proceeedings, arising under this act, or brought for the violation of any of the provisions of this act. Approved April 10, 1905. CHAPTER 115. JTJDICIAEY. THUM— ROLLIN. (H. B. No. a, by Mr. Dungan.) AN ACT TO CHANGE THE NAME OF FREDERICK THUM TO FREDERICK C. ROLLIN. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That the name of Frederick Thum, of Name changed. Montrose County, Colorado, be and the same is hereby changed to Frederick C. Rollin, and hereafter he shall be known, designated and go by the name of Frederick C. Rollin, instead of his former name, Frederick Thum. Sec. 2. In the opinion of the General Assembly an Emergency. emergency exists ; therefore, this act shall be in force and take effect from and after its pasasge. A-Pproved April 10, 1905. 280 JURORS. [Ch. 116. CHAPTER 116. JTTBORS. Ground for excuse and challenge. Repeal. (S. B. No. 112, by Senator Taylor.) AN ACT CONCERNING JURORS. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That the fact that any person summoned in any way to serve as a juror in any district or county court shall have served as a juror in either of said courts, at any prior term, within one year next preceeding, shall be a sufficient excuse for such person from service, and may also be ground for challenge for cause to such indi- vidual summoned. Sec. 2. All acts and parts of acts in -conflict or in consistent herewith, are hereby repealed. Approved April 10, 1905. Ch. 117.] JURORS. 281 CHAPTER 117. JITBOBS. (H. B. No. 193, by Mr. Smith.) AN ACT ENTITLED AN ACT TO AMEND SECTION EIGHT OF CHAPTER SIXTY-ONE (THE SAME BEING GENERAL SECTION 1898) OF THE GENERAL STATUTES OF COLORADO 1883 ENTITLED "JURORS." Be it Enacted l)y the General Assembly of the State of Colorado: Section 1. That section eight of chapter sixty-one Amended, (the same being general section 1898) of the General Statutes of Colorado 1883 entitled "Jurors" be and the same is hereby amended so as to read as follows: Sec. 8. State and county officers, judges and clerks Persons exempt of courts, justices of the peace, and constables, attor-'^om jury neys and counselors at law, persons engaged as officers ^®''^*°®" .in the active management of railroad, telephone and telegraph companies, and editors and reporters when employed actively upon newspaper publications and per- sons who are sixty years of age, shall not be required to serve as jurors, if he or they shall ask to be excused from such service. No person shall be required to Non-residents serve as a juror except in the county where he ^'^" °xemT-exce t sides, or in the county to which the county of his resi- ®^®™^ ^^^^^ ' dence may be attached for judicial purposes. That oJ^^Qro^nd for is a professional gambler or that he keeps a house, room chaiienge^to or other place in which gambling is carried on, shall the pou. be a ground of challenge to the poll. Approved April 6, 1905. 282 JUSTICE OP THE PEACE. [Ch. 118. CHAPTER 118. JirSTICE OF THE PEACE. ATTACHMENT. (S. B. No. 106, by Senator Wood.) Amended. Amended. File affidavit. Indebtedness. AN ACT TO AMEND SECTION ONE OF AN ACT ENTITLED "AN ACT TO AMEND THE ATTACHMENT LAWS IN JUSTICE COURTS OF THE STATE, AS PRESCRIBED BY DIVISION 6 OF CHAPTER 62 OF THE GENERAL STATUTES OF THE STATE OF COLORADO OF 1883," APPROVED APRIL 8, 1895. Be it Enacted by the Oeneral Assembly of the State of Colorado: Section 1. That section 1 of act entitled "An act to amend the attachment laws in justice courts of the State, as prescribed by division 5 of chapter 62 of the General Statutes of the State of Colorado of 1883," approved April 8, 1895, be and the same is hereby amended so as to read as follows: Sec. 1. That section 77 of chapter 62, the same being* general section 2000 of the Statutes of Colorado, be and the same is hereby amended so as to read as follows : Sec. 77. If any creditor or credible person for him, shall make and file with any justice of the peace his affi- davit setting forth that the defendant in such affidavit named is justly indebted to such xireditor in a sum of money not exceeding three hundred dollars, upon a con- tract expressed or implied, stating the amount of such indebtedness, as near a^ may be, and shall also allege any one or more of the following grounds of attachment : Foreign ration. corpo- Non-resident. First. That the said debtor is a foreign corporation. Second. That the said debtor is not a resident of this state. Debtor conceals Third. That the said debtor conceals himself or himself. stands in defiance of an officer, so that process of law Ch. 118.] JUSTICE OF THE PEACE. 283 cannot be served upon him, or that said debtor has been Absence-where- for four months last past absent from the State, or thatabouts un^- for four months the whereabouts of said debtor have been known. unknown, and the debt for which suit is brought has been due during the said period of four months. Fourth. That the said debtor has departed or isi>eparture from about to depart from this State, with intent to have his ^^\^*^ ^^^'^ ^''^p- property or a material part thereof, removed from the ^^ ^' State, or that said debtor is about to remove his property from the State with intent to hinder, delay or defraud his creditors. Fifth. That said debtor has conveyed, transferred Transferring or assigned or is about to convey, transfer or assign his property. proijerty, with intent to hinder, delay or defraud his cred- itors. Sixth. That said debtor has concealed, removed or concealment, disposed of or is about to conceal, remove or dispose of removal ^^^^^' his property with the intent to hinder, delay or defraud ^°^* ^ ^^ his creditors. Seventh. That the said debt is for an article or Failure to pay articles the price or value of which should have been paid on delivery. at the time of the delivery thereof, and which the said debtor failed or refused to do. Eighth. That the debt is for work and labor, or for Debt for labor any services rendered by the plaintiff, or his assignor, at or services. the instance of the defendant. Ninth. That the debt is for farm products, house Debt for rent, i^nt, household furniture and furnishings, fuel, groceries clothing, etc. and provisions, clothing and wearing apparel for the debtor and his family or any of them, or for any of said articles. Tenth. That the said debtor fraudulently contracted Fraudulently or incurred the debt, or by false representation or false contracted, pretense, or by any other fraudulent pretense, procured the money, goods, chattels or effects of the plaintiff, the justice of the peace may,- at the time of issuing the sum- j^g^j^j^ igg^e mons i^ the action, or at any time afterwards before final writ of attach- judgment in the action, issue a writ of attachment against ment— when. the personal property of the said debtor within his county, Against prop- not by law exempt from execution, as security for any erty not exempt, judgment which the plaintiff may recover in said action. Approved April 10, 1905. 284 LABOR. [Oh. 119. CHAPTER 119. LAtiOB. EIGHT HOUR DAY. (H. B. No. 1, by Mr. Stephen.) AN ACT TO DECLARE CERTAIN EMPLOYMENTS INJURIOUS AND DAN- GEROUS TO HEALTH, LIFE AND LIMB; REGULATING THE HOURS OF EMPLOYMENT IN UNDERGROUND MINES AND OTHER UNDERGROUND WORKINGS, IN SMELTERS AND ORE REDUCTION WORKS, IN STAMP MILLS, IN CHLOR- INATION AND CYANIDE MILLS, AND EMPLOYMENT ABOUT OR ATTENDING BLAST FURNACES, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. In what cases labor declared injurious to health, life and limb. Employment in such cases eight hours per day, .except. Verified report of emergency, to be made to Bureau of Labor Sta- tistics. Be it Enacted by the General Assembly of the State of Colorado: Section 1. All labor of miners in underground mines, or other underground workings and labor directly at- 'tending blast furnaces, either in smelters or in ore reduc- tion works, in directly attending stamp mills, chlorina tion and cyanide processes and directly attending smelt- ing furnaces producing metal or matte, which labor is in contact with noxious fumes, gases or vapors, is hereby declared dangerous and injurious to health, life and limb; and the period of employment for all persons so employed in underground mines or other underground workings, attending blast furnaces either in smelters or in ore re- duction works, in stamp mills, in chlorination and cyan- ide mills, and attending smelting furnaces producing metal or matte, shall be eight hours per day; expept in cases of emergency, where life or property is in immi- nent danger. Sec. 2. Every person, body corporate, agent, man ager, superintendent, employer, president or directors shall, in every case of such emergency, make to the Com- missioner of Bureau of Labor Statistics, within ten (10) Ch. 120.] LARIMER COUNTY. 285 days after the commencement of* such emergency, a re- port, according to the form which may be prescribed by him, verified by the oath or affirmation of such person, employer, agent, manager, superintendent, president or director; each report shall exhibit in detail the circum- stances creating such emergency. Sec. 3. Any violation of this act shall constitute a Misdemeanor, misdemeanor and be punished by a fine of not less than Penalty. fifty dollars (f50) nor exceeding three hundred dollars (1300). Approved March 21, 1905. CHAPTER 120. lAEIMEE COUNTY. (S. B. No. 337, by Senator Drake.) AN ACT TO FIX THE CLASSIFICATION OF LARIMER COUNTY CONCERN- ING THE FEES TO BE COLLECTED BY COUNTY OFFICERS THEREIN. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That for the purpose of fixing fees county of chargeable and to be collected by county, precinct and ^^^''^ °^^^^* other officers therein, the County of Larimer shall belong to and be known as a county of the third class. Approved April 10, 1905. 286 LIVE STOCK. [Ch. 121. CHAPTER 121. LIVE STOCK. (H. B. No. 837, by Mr. Cannon.) AN ACT FOR THE RELIEF OF ANIMALS INJURED ON THE RIGHT OF WAY OF RAILROAD COMPANIES. Duty of rail- road employes to any animal Injured upon right of way. Agent notify owner. No act by com- pany to be construed as an admission of liability, or waiver of claim by owner. Be it Enacted oy the General Assembly of the State of Colorado: Section 1. Whenever any horse, cow or other ani- mal is injured by a train or otherwise on the right of way of any railroad company it shall be the duty of track- walkers, section men, brakemen, conductors, firemen, en- gineers and other employes of said company to care for such animal at once and report the facts to the nearest station agent aud then notify the State Board of Stock Inspection Commissioners. It shall be the duty of the agent to give immediate notice, when possible, of the condition of such animal to the owner or his agent whose duty it shall be forthwith upon receipt of notice to have such animal properly cared for. When immediate notice to the owner is not possible it shall be the duty of the station agent to have such injured animal properly cared for without delay. Sec. 2. No act of the said railroad company, its em- ployes or agents or of the owner of such injured animal shall be held to be an admission of liability or responsi- bility on the part of the said company for the injury of the said animal nor a waiver or relinquishment by said owner of any right or claim to damages from said com- pany. ' I Approved April 6, 1905. Ch. 122.] LIVE STOCK. • 287 CHAPTER 122. nVE STOCK. DIPPING OR SPRAYING. (S. B. No. 195, by Senator Drake.) AN ACT TO EMPOWER THE STATE BOARD OF STOCK INSPECTION COMMISSIONERS TO COMPEL THE DIPPING, SPRAYING OR OTHER SANITARY TREATMENT OF CATTLE OR OTHER DOMESTIC ANIMALS INFECTED WITH, OR EXPOSED TO, MANGE, SCABIES OR OTHER INFECTIOUS OR CONTAG- IOUS DISEASES, TO SEIZE AND TREAT THE SAME AND TO SELL THE SAME FOR THE COSTS AND EXPENSE OF SUCH SEIZING, TREATMENT AND SALE, AND TO CALL UPON COUNTY PEACE OFFICERS TO ASSIST IN MAINTAINING QUARANTINE. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. Whenever it shall become known to the State Board of Stock Inspection Commissioners that a disease known as mange, itch or scabies, or any other in- fectious or contagious disease, exists among the cattle, sheep, horses or other domestic animals of any county, district or section of the State, it shall be the duty of the Duty of board said State Board of Stock Inspection Commissioners to to prevent take such steps as will prevent the spread of said disease ^p^®*^ ^' within the State and said board shall have the power, as a sanitary measure, to inspect and compel the dipping, spraying or other sanitary treatment as may be deter- mined by said board, of all such animals in the State of Colorado or in any county, district or section of said State, under such rules and regulations as the said board may adopt, and said board may order the owner or owners Qr^er owners or persons in charge of such animals to dip, spray or to dip. otherwise treat all or any part of such animals as said board mav find to be infected with, or to have been ex- 288 LIVE STOCK. [Ch. 122. Board dip if owners fail- stock sold to pay expenses. Notice of sale. Service of notice. Proviso. Surplus paid to owner, or to estray fund. Quarantine. Board call on officers to assist posed to, mange or scabies, or other infectious or con- tagious disease. If the owner or owners of [or] person in charge of such animals so ordered treated, shall, after rea- sonable notice to be determined by said board, fail to dip, spray or otherwise treat such animals as ordered by said board, then the said State Board of Stock Inspection Com- missioners is hereby authorized to seize, or cause to be seized, dipped, sprayed or otherwise treated, such animals and to hold and sell the same, or such part thereof as may be necessary to pay all cost of said inspection, seizing, caring for, dipping, spraying or other treatment, together with cost of sale, and such sale shall be made at such time and place, and in such manner as may be prescribed by said board after not less than three days' nor more than fifteen days' notice of the time, place and purposes of such sale has been given by said board to the owner or owners or person in charge of said animals, and in case personal service of such notice can not be had within the county in which the animals are being held by said board, then such notice may be given either by personal service outside of said county, or by advertisement in the official State live stock paper; Provided, however. That the owner .or owners of such animals so seized and held may at any time prior to such sale, recover possession of the same upon payment to the State Board of Stock Inspection Commissioners of the amount of the costs incurred by order of the board against such animals; And Provided further, That any sum realized from the sale of such animals over and above the amount of costs actually incurred against such ani- mals shall be returned by the board to the owner of such animals if known, or can by reasonable diligence be found, otherwise to be placed in the estray fund subject to the law in effect regarding this fund. Sec. 2. Whenever the State Board of Stock Inspec- tion Commissioners deem it necessary to quarantine any county, district or section of the State for the purpose of preventing the spread of any infectious or contagious dis- ease among the domestic animals within the State, the said board shall have the authority through its members, officers or inspectors, to call on all sheriffs, constables or other peace or police officers of any county or counties within the State, to assist in maintaining such quarantine and to arrest anyone who may violate such quarantine or any rules or regulations made by said board for the pur- Ch. 123.] LUNATICS. 289 pose of maintaining such quarantine, and it shall be the Duty of offlcery. duty of all sheriffs, constables or other peace officers to act in such cases when so called upon and they shall be al- lowed such fees or recompense as is provided by statute Fees, for similar services. Sec. 3. In the opinion of the General Assembly an Emergency. emergency exists ; therefore, this act shall take effect and be in force from and after its passage. Approved April 5, 1905. CHAPTER 123. LXTNATICS. (S. B. No. 181, by Senator Anfenger.) AN ACT TO AMEND SECTION 29 OF CHAPTER 69 (THE SAME BEING GENERAL SECTION 2232) OF THE GENERAL STATUTES OF COLORADO, 1883, ENTITLED "LUNATICS." Be it Enacted by the General Assembly of the State of Colorado: Section 1. That Section 29 of Chapter 69 (the same Amendment being general section 2232) of the General Statutes of Colorado, 1883, entitled, "Lunatics," be, and the same is hereby, amended so as to read as follows : Sec. 29. No inquest of lunacy shall be held until at Notice of least ten days' previous notice shall have been given to inquest by the alleged lunatic, and to the guardian ad litem to be citation. appointed by the court, by citation issuing out of the county court, setting forth the substance of the complaint, and the time and place when and where such inquisition will be held, and requiring the alleged lunatic to attend, unless the alleged lunatic shall waive such notice and^j^j^^j.^ elect that the inquest shall sooner be held : Provided, proviso. That when the guardian ad litem, appointed by the court, and the examiner in lunacy endorse upon the citation issued to the alleged lunatic that it would be for the best 290 M0BT6A6ES. [Ch. 124. Proviso. Inquest of lunatic charged with crime— notice to district attorney. Support of insane pauper. interests of the said alleged lunatic to hold an inquest of lunacy forthwith, or upon less than ten days' notice, upon the approval of the County Judge, the said alleged lunatic not objecting thereto, the inquest of lunacy may be held forthwith, or upon less than ten days' notice, and without further notice or citation ; Provided further, That every inquest concerning the lunacy of any person shall be brought and conducted in the name of the People of the State of Colorado, and shall be prosecuted by the County Attorney of the respective counties, unless there be no such County Attorney, or said County Attorney be absent, unable or unwillins: to act, when and in such cases, the County Judge shall appoint a duly qualified at- torney or other suitable person to prosecute said inquest; And provided further, that no inquest shall be had as to the lunacy of any person charged with a criminal offense until like notice has been given to the District Attorney or other officer charged by law to prosecute such offense, and that nothing in this chapter shall be so construed as to exempt the relatives and next of kin to any insane pauper from their liability for his or her sup- port; and all moneys expended by any county for the maintenance of any such insane i)erson, under the pro- visions of this chapter, may be recovered of the person or persons who are or may be liable by law for his or her maintenance. Approved April 10, 1905. CHAPTER 124. HOBTGAGES. (H. B. No. 94, by Mr. Thomas.) AN ACT CONCERNING FORECLOSURE OF MORTGAGES, DEEDS OF TRUST AND OTHER LIENS. Be it Enacted hy the General Assembly of the State of Colorado: Foreclosure Section 1. No mortgage, deed of trnst t)r other se- upon property cnrity, constituting a lien or encumbrance upon any prop- Ch. 124.] MORTGAGES. 291 erty, real or personal, owned by any person at the date of one deceased of his death or at the date of the adjudication of ^is ^^^J^^^^ ^°™p°" mental incompetence, shall be foreclosed except as fol- lows : (a) If letters testamentary or of administration Foreclosure or conservatorship issue within one year from such death ^^y ^^ ^^^^ or adjudication from the county court in this state hav- ^y^^^^j^j^® J®^ ing jurisdiction of the matter, such mortgage, deed of of court, if trust or other security may be foreclosed within such letters issue. year, otherwise than by suit, only by permission of such county court, which permission, if the indebtedness se- permission cured be a claim against the estate of the decedent or granted upon mental incompetent, shall not be granted until, such ^^^^^ ®' claim, claim shall have first been proved and allowed, or (if the amount secured be not a claim against the estate) until the validity of the lien or encumbrance and the amount secured thereby shall have first been duly proved. (b) If no letters testamentary or of administration if no letters or conservatorship issue within one year from such death issue, fore- or adjudication from the county court having jurisdic- ^^dT as"iT ^ tion of the matter, such mortgage, deed of trust or other ^^th ^d not security may thereafter be foreclosed as though there occurred. has [fiad] been no such death or adjudication. (c) Any such mortgage, deed of trust or other se- By suit in curity may be foreclosed at any time by suit in any^^^^^^ °^ court of competent jurisdiction; and must be foreclosed ^^™g^®^®]^^jj by such suit if letters are issued as aforesaid and the in- debtedness secured shall not have been proved and al- indebtedness low^ed as a claim against the estate, or (in case of no'^^^ proved and allowed as claim existing against the estate) the validity of the lien ^^^^^^ against or encumbrance and the amount secured shall not have estate. been duly approved, as herein above required. No de- ficiency judgment shall be rendered against an estate No deficiency in any such case if the foreclosure suit be not begun Ju<Js"^ei^t— within one year from the issue of letters unless the in-"'^^^^' debtedness shall have been within such year presented for proof and allowance as a claim against said estate. Sec. 2. Nothing in the foregoing section shall Not construed be construed to abate any suit for foreclosure pending at ^^ ^^ abate- the date of such death or adjudication, or to effect any"™®'^*' proceedings in a foreclosure, otherwise than by suit, if sale in such proceedings shall have been actually made before such death or adjudication. 292 ORDINANCES. [Ch. 125. Ltlen not afFected by suspension of remedy. Kepeal. Emersrency. Sec. 3. The lien of any mortgage, deed of trust or other security shall not be affected by any suspension of remedy herein provided for. Sec. 4. All acts and parts of acts ' in conflict with the provisions of this act are hereby repealed. Sec. 5. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after the date of its passage. Approved April 10, 1905. CHAPTER 125. OSDINANCES. GRANTING FRANCHISES. (H. B. No. 184, by Mr MacLeod.) AN ACT ENTITLED AN ACT CONCERNING THE INITIATION, INTRODUC- TION, PUBLICATION AND PASSAGE OF ORDINANCES GRANTING FRANCHISES OR LICENSES FOR STREET RAIL- WAYS, ELECTRIC LIGHT WORKS, TELEGRAPH AND TELE- PHONE SYSTEMS IN INCORPORATED TOWNS AND CITIES OF THE FIRST AND SECOND CLASS; AND REPEALING ALL ACTS AND PARTS OF ACTS IN CONFLICT HEREWITH. Franchises given only as prescribed in this act. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. No franchise or license giving or grant- ing to any person or persons, corporation or corporations, the right or privilege to erect, construct, operate or maintain a street railway, electric light plant or system, telegraph or telephone system within any city or town, or to use the streets or alleys of a town or city for such purposes, shall be granted or given by any city of the first or second class or by any incorporated town in this State in any other manner or form than by an ordinance passed and published in the manner hereinafter set forth. Ch. 125.] ORDINANCES. 293 Sec. 2. Any person or persons, corporation or cor- Applicant porations desiring to secure a franchise or license for publish notice any of the purposes in section 1 hereof named, shall ^f intention to cause a notice of his, its or their intention to apply to^^^^^' the board of trustees of any incorporated town or city council of any city of the first or second class for the passage of an ordinance granting such franchise or license, to be published in a newspaper of general circu- lation published in such city or town, for a period of not less than two (2) weeks in cities of the first or second class, and of hot less than ten (10) days in incorporated where and towns, immediately prior to the next regular meeting of ^hen published. the board of trustees or city council, at which it is in- tended to apply for the passage of the ordinance granting or giving such franchise or license; and such notice shall specify the regular meeting of the board of trustees or city council at which it is intended to apply for such Notice shaii franchise or license, the name or names of the applicant contain. or applicants therefor, a general description of the rights and privileges to be applied for, and the time for and terms upon which such franchise or license is desired. Such publication to be daily if there be a daily paper of proviso- general circulation published in such city or town, other- publication. wise to be in a weekly paper of general circulation, if any, published in such city or town; provided that if there be no newspaper of general circulation published within the city or town, then and in such case; such notice may be published by posting copies thereof in six (6) public places for the same length of time. Sec, 3. Every such ordinance shall be read at least ordinance read twice in full, once at the time of its introduction, and twice. again before the question of its passage is voted upon. No board of trustees of any town or city council of any city shall permit any such ordinance to be introduced or read for the first time at any meeting other than the • regular meeting specified in such notice, nor unless Proof of proof of compliance by the applicant with section 2 publication of hereof shall be first presented to such board or council '^<^**°®- in the form of a publisher's affidavit of publication or a certificate of the town or city clerk of the posting of such notice; when such ordinance has been introduced and read for the first time, the city council or board of trus- Further tees, if it shall desire to further consider the granting consideration of the rights or privileges sought for thereby, shall order ^^ application. the same to be published daily in a paper of general cir- 294 OKDINANCES. [Oh. 125. Ordinance published. Where and when published. Proviso— no newspaper. Ordinance must be once read and published before passage. Certificate of reading and publication. Majority of city council required for passage. Mayor has no vote. Construction of act. Repeal. Emergency. eulation published in such city or town for a period of not less than two (2) weeks prior to the time such ordi- nance is again read and put upon its passage; provided if there be no paper of general circulation published daily in such city or town, such publication shall be made in a paper of general circulation pub- lished weekly in such city or town; or if there be no such paper published daily or weekly, such publication shall be made by posting copies of such proposed ordinance in at least six (6) public places in such city or town for the same period of time; and no such ordinance shall be adopted or passed by any board of trustees of any town or city council of any city unless the same has been previously introduced and read and publication first made as herein provided for; all of which such previous introduction and reading of such ordinance and the fact of its publication in [a] news- paper or by posting shall appear in the certificate and the attestation of the clerk on such ordinance after its adoption. Sec. 4. Every such ordinance shall require for itb passage or adoption the concurrence of a majority of all the members of the city council of any city or board of trustees of any incorporated town; provided that the mayor of cities of the first and second class shall not vote in the case of a tie or otherwise upon the passage oi adoption of any such ordinance. Sec. 5. Nothing herein shall be construed as in any way modifying or restricting the right of cities and towns to purchase or erect electric light works in the manner now provided for by law. Sec. 6. All acts or parts of acts in conflict herewith are hereby repealed. Sec. 7. In the opinion of the General Assembly an emergency exists; therefore, this act shall take efifect and be in force from and after its passage. Approved April 6, 1905. Ch. 126.] PARENT AND CHILD. 295 CHAPTER 126. PABENT AND CHILD. (S. B. No. 13, by Senator Anfenger.) AN ACT CONCERNING THE SUPPORT BY PARENTS OR OTHERS OF CHILDREN COMMITTED TO THE CARE OR CUSTODY OF STATE INSTITUTIONS. Be it Enacted T)y the General Assembly of the State of Colorado: Section 1. The commitment of any child, under any Commitment law of this State, to any State institution, shall not re- ^^es not lieve the parents or legal guardian of such child from re- fro^™ support!*^ sponsibility for the support of such child. It shall be . the duty of any court committing any child to any State court to notify institution, or any private institution, where such child district or is kept at the expense of the county or State, at the time county of sach commitment to forthwith notify the district at- ^"^^J"^^^^ torney, if a State expense, and the county attorney, if a address of county expense, of the name and address of such parent parents. or parents, and such other information as may be ad- information duced at any hearing of such case concerning the finan- concerning cial responsibility of such parent or parents to care ^^r^^^^^^^i such child, and in order to obtain such information any ^^^p^J^^j^^g ^ court committing any such child, at the time of such commitment is authorized and empowered to require court may the attendance of such parent, parents or legal guardian, require upon such court, or at any convenient time to be desig- attendance of nated by the coutt, to be examined under oath concern- guardian!^ ing their property posessions and financial responsibility. Sec. 2. The State of Colorado, or the county, as the state or county case may be, at whose expense such child is kept, shall may recover be entitled to recover from such parent, parents or legal ^^o^nt^for guardian or other person responsible for the support of g^port from such child, such sum for the care, support and mainten- parent or ance of such child a« may be reasonable therefor, and in guatdian. no case shall such sum be less than the per , capita 296 PARENT AND CHILD. [Oh. 126. Sum not less than per capita expense. Procedure as In civil cases. Action brought in name of State. Amount recovered paid into State treasury. Action brought in name of county commissioners. Amount recovered paid into county treasury. Execution may Issue against defendant's property. District and county attorneys report to Governor nature and result of actions. Reason of failure to take action. Court costs paid by county commissioners. No repeal. monthlj or yearly amount of such expense in the institu- tion in which the child is confined, or actual expense in- curred by the State or county, as the case may be, for the care and maintenance of such child. Any such action or proceedings by the State or county against any such parent shall be conducted in accordance with the proced- ure in civil cases; Provided, That in case any such action be maintained by the State the same shall be brought in the name of the People of the State of Colo- rado, and any moneys recovered in any such action shall be paid to the State Treasurer and credited to the par- ticular fund for the benefit of the institution having the custody and care of such child. If such action is main- tained by the county in such cases where the county pays the expense of the care and maintenance of such child, such action shall be in the name of the board of county commissioners of such county, or other body per- forming the functions of a board of county commis- sioners, and any amount collected in any such action shall be paid to the county treasurer of such county, when such action shall be prosecuted to final judgment and such judgment rendered in any such cause in favor of the People of the State of Colorado, or the board of county comissioners of the county prosecuting such action, as the case may be, an execution may issue against the property of the defendant, as in other civil cases. Sec. 3. On or before the first day of December of each year it shall be the duty of the district attorney and the county attorneys respectively to make a written report to the Governor of the State, stating the number of re- ports provided for herein, received from the courts of the county or State, and the nature and result of any action directed herein by such officers resi)ectively to re- cover from such parents the expenses Of the care and maintenance of such children. In caSe no such action has been taken, such report shall detail the reason for the failure of such officer to take such action. It shall be the duty of the county commissioners to pay any court costs or other expenses necessary for the prosecution of any suit provided for herein. Nothing in this act shall be construed to repeal any law of this State concerning the responsibility of parents to support their children or providing for the punishment of parents or other persons responsible for the delinquency or dependency of children; Ch. 127.] PUBLIC HEALTH. 297 or providing for the punishment of any parent or par- ents for the non-support of their children, and nothing in such acts shall prevent proceedings under this act in any proper case. Sec. 4. Provided, that an appeal shall lie to the Dis- Appeal from trict Court from any judgment of said County Court ^^""^^ ^^ ,,. '^%*' J XT-' X District Court. rendered m pursuance of, or under this act. Approved April 10, 1905. CHAPTER 127. PUBLIC HEALTH. '(H. B. No. 110, by Mr. Frewen.) AN ACT TO AMEND SECTIONS 33, 46, 47 AND 49 OF AN ACT ENTITLED; "AN ACT TO, PRESERVE THE PUBLIC HEALTH, TO CREATE LOCAL BOARDS OF HEALTH, TO DEFINE THE DUTIES AND POWERS OF SUCH BOARDS AND TO MAKE CERTAIN ACTS MISDEMEANORS, AND PROVIDE FOR THE PUNISHMENT THEREOF, AND TO REPEAL ALL ACTS IN CONFLICT HEREWITH," APPROVED APRIL 17,. 1893. Be it Enacted "by the General Assembly of the State of Colorado: Section 1. That section 46 of said act be and the Amended. same is hereby amended to read as follows, to-wit: Sec. 46. It shall be the duty of all physicians, sur- Registry of geons and midwives to keep a registry of all births and births and deaths at which they have professionally attended, show- ?®^!^! *^ ^® ing in case of birth, the time an(J place of birth, name of professional the father, maiden name of mother, residence, sex, color attendant. of child, whether it be born alive or dead, and shall make report of such birth to the local board of health within one week of the date of birth ; Providing, That when two or more surgeons, physicians or midwives may have at- oldest tended professionally at any birth, the surgeon, physi- attendant clan or midwife who is oldest In attendance shall make "^*^® report. the report. 298 PUBLIC HEALTH. [Ch. 127. Amended. Report of antitoxin products sold. Report— when made. Amended. Monthly- reports of local boards of health. Emergency. Sec. 2. That section forty-seven (47) of said act be and the same is hereby amended to read as follows, to- wit: Sec. 47. It shall be the duty of all those engaged in selling, handling or manufacture of drugs, sera, anti- toxin, vaccines or other pharmaceutical products, to make a report to the local board of health of all anti- toxin sold by them, stating to whom such antitoxin was sold and the date on which it was sold; if purchased upon a prescription of a physician, the name of the purchaser, as well as the name of the physician ordering the anti- toxin. Such reports shall be made within twelve (12) hours of the date of sale. Sec. 3. That section forty-nine (49) of said act be and the same is hereby amended to read as follows, to- wit: Sec. 49. "All boards of health which exist now, or may be established by the provisions of this law, shall report to the State Board of Health on the fifth (5) day of each month, all marriages, births, deaths and other information required by the State Board of Health, oc- curring in their respective districts." Sec. 4. In the opinion of the General Assembly an emergency exists; therefore, these amendments shall take effect from and after their passage. Approved April 10, 1905. Oh. 128.] PUBLIC PARKS. 299 CHAPTER 128. PUBLIC PAEKS. (S. B. No. 232, by Senator De La Vergrne.) AN ACT AUTHORIZING CITIES OF THE FIRST OR SECOND CLASS TO ACQUIRE, ESTABLISH AND MAINTAIN PUBLIC PARKS OR PLEASURE GROUNDS, BOULEVARDS, PARKWAYS, AVE- NWES, DRIVEWAYS AND ROADS, ESTABLISHING A PARK COMMISSION AND DEFINING ITS POWERS AND DUTIES, AND REPEALING ALL ACTS INCONSISTENT THEREWITH. Be it Enacted by the General Assembly of the State of Colorado: Section 1. Any city of the first or second class shall May acquire have authority in the manner hereinafter provided, to and maintain acquire, establish and maintain public parks or pleasure P^^ks. grounds within or without the corporate limits of such city, and boulevards, parkways, avenues, driveways and roads without the corporate limits; Provided, The same p^^^jg^ are within at least ten miles of the corporate limits. Sec. 2. Lands for any of the purposes mentioned in Lands, how section 1 hereof may be acquired by the city either by acquired. gift, devise or purchase, but no land shall be purchased Lands for such purposes until the question shall have been first purchased must submitted, as is hereinafter provided, to those qualified ^e ratified electors of such city who shall in the year next preceding ^^ electors. have paid a real property tax therein. Lands given or Lands given devised to such city for the purposes herein in^iitioned ^^^^p^^^^^^. shall be accepted or refused by ordinance passed by the refused by common council of such city. city council. Sec. 3. The care, custody, management and control care and of such parks, pleasure grounds, boulevards, parkways, control of avenues, driveways and roads shall be vested ^^"fn a^^aHt^^^ clusively in a park commission which shall be composed coi^j^rgsion. of six members who shall be electors and tax payers in said city, and well known for their ability, probity and commission public spirit, one of whom shall be president of the com- composed of. 300 PUBLIC PAEKS. [Ch. 1^8. Mayor appoint commission. Terms of office. How determined Vacancies, how filled. No compensation. No member shall be interested in any contract relative to said park. Effect of acceptance of other public office. Commission may employ secretary. Salary. Duties. City provide office and supplies. Superintendent of parks. Duties. . A.ssistants* • salaries. mission. The mayor of the city shall, with the advice and consent of the city council, appoint for and on behalf of such city, such park commissioners who shall hold oflSce, one-third for two years, one-third for four years and one- third for six years, from the first of July followiiig their appointment, and at their first regular meeting they shall cast lots for their respective terms, and biennially there- after and on or before the first day of July, the members of said commission whose terms of office shall not then expire shall elect two members having the qualifications aforesaid, for the ensuing six years, to take the place of the retiring members. All vacancies in such park com- mission arising from any cause shall be filled by election by the remaining members thereof. Sec. 4. The commissioners shall serve without com- pensation except for their actual disbursements, approved by the mayor. No member of the said commission shall be interested, directly or indirectly, in any contract re lating to the establishment or maintenance of any of the properties mentioned in section 1 hereof, or in any con- tract providing for the expenditure of any money in rela tion thereto; and any commissioner shall be considered as vacating his office upon the acceptance of any other public office. Sec. 5. The commission may employ a secretary at a salary not exceeding twelve hundred dollars ($1,200) per annum, to be fixed by the commission, payable out of the park fund, who shall keep a record of all proceedinsrs of the commission, have custody of and preserve all its records, and perform such other duties as may be pre- scribed by the commission. Sec. 6. The commission shall be provided by the city with convenient offices, stationery and the faoilities necessary for the performance of its duties as by the commission deemed necessary and advisable. Sec. 7. The commission may appoint a superintend- ent of parks, who shall be a practical landscape gardener, who shall, under the direction of the commission, have active charge, control and direction of all the parks, pleasure grounds, boulevards, parkways, avenues, drive- ways and roads which are under the control of the com- mission, and perform such other duties as may be pre- scribed by the commission, with such other assistants, and at such salaries payable out of the park fund, as may Ch. 128.] PUBLIC PARKS. 301 be authorized by the commission, with the approval of the mayor. Sec. 8. The commission shall hold a regular meet- Meetings of ing on the first Tuesday of each month, and may by rule commission, provide for special meetings and service of notice thereof. A majority of the members shall constitute a quorum, Quorum. and no action of the commission shall be binding unless authorized by a majority of the members at a regular or duly called special meeting thereof. Sec. 9. The commission shall, with the approval of Expenditures the mayor, have full, complete and exclusive power and ^or park authority to expend for and on behalf of the city,, all P^^P^^^ea. sums of money that may be raised by general taxation for park purposes, and all other sums of money appropri- ated by the council from the general revenues for the same purposes; and all mioneys that may be realized by the commission from the sale of privileges in or near the parks of the city, or realized from the sale of the general bonds of the city and set apart for park purposes, or from the sale of the park bonds hereinafter provided for. Sec. 10. The fiscal year of the park commission shall Fiscal year, end on the thirty-first day of December of each year, and during the month of January of each year the commis- sion shall make an annual report to the mayor and city Annual report, council of all moneys received and expended in the pur- chase, improvement and maintenance of parks, showing when, where, how and in what manner the same were received, expended, and what improvements have been made during the year preceding the report. Sec. 11. The commission shall have exclusive man- commissioH agement and control of all parks, pleasure grounds, iias boulevards, parkways, avenues, driveways and roads as exclusive mentioned in section 1 of this act, and exclusive power ^^^^«^^^^^ J 1 j_ ii T. ,1 -., '^,.,. 3'Ua control to lay out, regulate and improve the same, and to prohibit of park. certain or heavy traffic therein and thereon, and to grant or refuse licenses to vend goods on the streets or side- ^f^se ^^ walks within three hundred feet of any park entrance ifcenses. and on the streets and sidewalks adjoining parks, and Rules and shall establish and maintain necess^y rules and regula- regulations. tions for the proper supervision and government thereof. The commission shall have such additional powers relat- Additional ing thereto as may be prescribed by ordinance, and the powers. council shall, by ordinance, provide for the enforcement Enforcement of the rules and orders of the commission. of rules. 302 PUBLIC PAKKS. [Ch. 128. No f ranehise- for railway within park. No franchise of special prlvUegre within park. Devises and bequeaths to city for park purposes. Under control of commission. Lands acquired by purchase. Question of purchase submitted to electors. Manner of voting on question. Incurring of debt or Issuance of bonds submitted to electors. No franchise, license or permit for the construction or maintenance of any railway shall ever be granted within the limits of any park or pleasure ground, or lengthwise upon any boulevard, parkway, avenue, drive- way or road. Nor shall any franchise for the mainten- ance of any other special privilege within any park or pleasure ground be granted. Sec. 12. Real or personal property may be granted, bequeathed, devised or conveyed to the city for the pur- pose of the improvement or ornamentation of any park, pleasure ground, boulevard, parkway, avenue, driveway or road, or for the establishment or maintenance in parks or pleasure grounds of museums, zoological or other gar- dens, collections of natural history, observatories, libra- ries, monuments or works of art, upon such trusts or con- ditions as may be approved by the commission; and all such property or the rents, issues and profits thereof shall be subject to the exclusive management and control of the commission. Sec. 13. Lands which may be required for any of the purposes named in section 1 hereof, either within or without the corporate limits, may be acquired by pur- chase, but no lands shall be so acquired unless the ques- tion of acquiring the same shall have been submitted at a regular election for oflScers of such city, to a vote of the qualified electors of such city who shall, in the year next preceding, have paid a real property tax therein, and a majority of those voting on the question shall vote in favor of acquiring the same. All votes upon the question shall be "For the acquirement of lands for park pur- poses," or "Against the acquirement of lands for park purposes," and the proposition aforesaid shall be in- cluded in the ballot used at such election for the officers of the said city. But no indebtedness shall be created nor shall any bonds be issued for acquiring such parks or establishing such boulevards, parkways, or roads unless the question of incurring such debt and issuing such bonds shall have been submitted at a regular elec- tion for officers of such city to a vote of such qualified electors thereof who shall, in the year next preceding, have paid a real property tax therein, and a majority of those voting on the question by ballot deposited in a separate ballot box shall vote in favor of incurring such debt and issuing such bonds. The city council of such Ch. 128.] PUBLIC PARKS. 303 city shall, upon petition of the electors of such city equal Petition by in number to one-tenth of the number of such electors electors. voting at the last general election of such city, submit to city council the electors of such city at the next general election for submit officers of such city, either or both of .the questions afore- Questions to said by separate ordinance; and shall, in the ordinance, ®^®°^*^^®* submitting the question of the acquirement of such lands Ordinance and the establishment of such parks, boulevards, park- ^^^^^ ^^^^^ ways and roads state the location of the land proposed ^ a^^^^^ricl' to be acquired, describing the same by legal subdivisions, and manner wherever practicable, and the price to be paid in cash of payment. for purchase and the manner of payment; and if the majority of those voting upon the question last afore- said at such election shall vote in favor of the acquire- ment of such lands for such purposes, the city council shall acquire such lands for the purposes aforesaid, aid if authorized as hereinbefore provided, shall contract the necessary indebtedness and issue the necessary bonds therefor. Sec. 14. The park fund shall consist of moneys park fund, levied, collected and appropriated therefor, and coming into the said fund by donation or otherwise. All moneys collected and credited to the said park fund shall be used used for for the maintenance and improvement of parks, park- support and ways, boulevards, avenues, driveways and roads, and improvement. shall be expended by the commission as in their judgment the needs of such property shall require, and the same j^^.^^^^ shall be drawn upon by the proper officers of such city, certmed"^*^" upon vouchers properly authenticated by the president vouchers. and secretary of the park commission. Sec. 15. As a part of the annual levies authorized Maximum by law, the council shall annually levy, assess and col- tax levy. lect upon each dollar of taxable property within the city not njiore than one and one-half (1^) mills for the pur- poses of said park fund, the proceeds of which shall be collected in the same manner as other city taxes, ^^^ ^^j^^^^^^ ^^ shall be by the common council appropriated to the park j^^y fund. All moneys collected or received or levied or appro- Monesrs priated by the city council for park purposes shall be credited to deposited in the treasury of such city to the credit of park fund. ^'The Park Fund," and shall be kept separate and apart from other moneys of such city and any portion thereof remaining unexpended at the end of any fiscal year or 304 PLBLIC PABKS. [Ch. 128. Acquisition of park land by assessment and bond sale. Acquisition by- condemnation. Condemnation proceedings. Payments made by park bonds. Form. ■ Dates of payment. Interest. at any other time shall not in any event be converted into the general fund nor be subject to appropriation for general purposes. Sec. 16. In addition to the powers herein con- ferred to acquire lands for parks and parkways by the sale of the general bonds of the city, it shall be lawful for the park commission, with the approval of the mayor, to acquire parks or pleasure grounds, boulevards, park ways, avenues, driveways and roads, in the manner fol- lowing, the same to be paid for by special assessments upon all the other real estate, except parks, pleasure grounds, avenues, boulevards, streets and roads, in such city, or partly out of the proceeds of the sale of the gen- eral bonds of the city and partly by such assessments as the same may be determined by the mayor and park commission. Sec. 17. For the purpose of acquiring lands for parks and pleasure grounds, boulevards, parkways, ave- nues, driveways and roads, it shall be lawful for the park commission and said commission is hereby author- ized and empowered, by and with the approval of the mayor, to select and by a suitable proceeding in the name of the city, without the passage of any ordinance, to condemn real estate, or, with the approval of the mayor, to purchase any real estate so selected for one or more parks or pleasure grounds, boulevards, park- ways, avenues, driveways or roads, and to select routes and streets for the purpose of establishing and main- taining a system of connecting boulevards and pleasure- ways or parkways therein. All such condemnation pro- ceedings shall be in accordance with the general laws of the State, so far as the same are applicable, but the ben- efit to other lands shall be ascertained and assessed. Sec. 18. The parks and pleasure grounds, boule- vards, parkways, avenues, driveways and roads estab- lished in any such city, or such part thereof as may be determined by the mayor and park commission may be paid for in park bonds of the city of date and form pre- scribed by the park commission, bearing the name of the city, and payable to bearer at such times and in a sufficient period of years to cover the period of pay- ments herein provided for, with interest annually at such rate, not exceeding six per cent, per annum, as may be determined bv the commission. The bonds shall be Ch. 129.] RAILROADS. 305 signed by the mayor, countersigned by the auditor and Bonds signed attested by the clerk and seal of the city with the ap-and attested. proval of the president of the park commission endorsed thereon, the interest to be evidenced by suitable coupons interest attested by a f ac simile of the signature of the city clerk, coupons. Sec. 19. All acts and parts of acts inconsistent Repeal, herewith are hereby repealed. Sec. 20. In the opinion of the General Assembly an Emergency. emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. CHAPTER 129. BAILROADS. LIEN ON EQUIPMENT. (S. B. No. 140, by Senator Millard.) AN ACT TO AMEND SECTIONS 1 AND 4 OF AN ACT, ENTITLED "AN ACT TO SECURE MANUFACTURERS AND OWNERS OF RAIL- ROAD EQUIPMENT AND ROLLING STOCK IN MAKING CON- DITIONAL SALES AND CERTAIN CONTRACTS FOR THE LEASE THEREOF," APPROVED MARCH 31, 1885. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That section 1 of "An act to secure manu- Amended. facturers and owners of railroad equipment and rolling stock in making conditional sales and certain contracts for the lease thereof," approved March 31, 1885, be, and the same is hereby amended so as to read as follows : Section 1. That in any written contract, of or for Title to railroad the sale of railroad equipment, or rolling stock, cl^liver- ®^"*p^^^^^j^^ able immediately, or subsequently, at stipulated periods, puj.chaTenK)ney by the terms of which the purchase money, in whole or paid. in part, is to be paid in the future, it may be agreed that the title to the property so sold, or contracted to be sold. 306 RAILROADS. [Ch. 129 Lien retained by vendor. Duration of lien. Proviso. Amended. To what contracts act applies. Repeal. Emergrency. shall not pass to, or vest in, the vendee, until the pur- chase money shall have been fully paid, or that the vendor shall have and retain a lien thereon for the un- paid purchase money, notwithstanding delivery thereof to, and possession by, the vendee, for a period not to exceed twenty-five years in any one contract, which term shall be expressed in said contract; Provided, That the situs or location of all such property shall for tile pur- poses of taxation and revenue, be deemed to be within the State of Colorado. Sec. 2. That section 4 of "An act to secure manu- facturers and owners of railroad equipment and rolling stock in making conditional sales and certain contracts for the lease thereof," approved March 31, 1885, be, and the same is, hereby amended so as to read as follows : Sec. 4. This act shall be held to validate and legal- ize all contracts, of the character described in the first section of this act, heretofore made wherein the parties have attempted to preserve to the vendor a lien for a period of time longer than ten years, but less than twenty- five years. This act shall be held neither to invalidate any contract heretofore made, of the character described in the first or second sections, nor to apply to any con- tract where the lien has become barred before the pass- age hereof. Sec. 3. That all acts or parts of acts in conflict with this act are hereby repealed. Sec. 4. That, in the opinion of this General Assem- bly, an emergency exists; and, therefore, this act shall take effect and be in force from and after its passage. Approved April 10, 1905. Oh. 130.] RESERVOIRS — ^RIO GRANDE RIVER. 307 CHAPTER 130. BESEBVOIBS— RIO GRANDE RIVER. (H. B. No. 377, by Mr. Alexander, et al.) AN ACT TO AUTHORIZE AN APPROPRIATION TO MAKE INVESTIGA- TION, PRELIMINARY SURVEYS AND MAPS FOR RESERVOIR SITES ON THE RIO GRANDE RIVER AND ITS TRIB'UTARIES, AND PRESENTING SAME TO THE UNITED STATES GOV- ERNMENT AT WASHINGTON. Be it Enacted by the General Assembly of tlf,e State of Colorado: Section 1. There is hereby appropriated out of the Appropriation. Internal Improvement Permanent Fund, or Internal Im- provement Income Fund, the sum of one thousand five hundred dollars ($1,500) for the purpose of making in- purpose, vestigation, preliminary surveys, and maps of reservoir sites on the Eio Grande Eiver, or its tributaries, to con- serve the flood w^aters of the same to the end that the matter may be presented to the United States Govern- present report ment at Washington, showing the feasibility of con- to u. s. structing such reservoirs and enlisting its aid therein. ^^^^^'^^^^^ Sec. 2. There is hereby created a commission, con- commission sisting of four men, one to be appointed by the Board of County Commissioners of Saguache County, one to Method of be appointed by the Board of County Commissioners appointment. of Rio Grande County, one to be appointed by the Board of County Commissioners of Costilla County, and one to be appointed by the Board of County Commissioners of Conejos County, to direct and supervise the work herein specified. Said commissioners to receive only^^ actual traveling expenses, while engaged in their work, compensation. The Auditor of State is hereby directed to draw his Auditor draw warrants for the same upon the vouchers duly issued warrants. and approved by said commission. Sec. 3. In the opinion of the General Assembly an Emergency emergency exists; therefore, this act will take effect and be in force from and after its passage. Approved April 7, 1905. 308 REVENUE. [Ch. 131. CHAPTER 131. EEVEUUE. (S. B. No. 244, by Senator Comforth.) AN ACT TO AMEND AN ACT ENTITLED "AN ACT IN RELATION TO PUB- LIC REVENUE AND. REPEALING ALL PREVIOUS ACTS OR PARTS OF ACTS IN CONFLICT THEREWITH," APPROVED MARCH 22, 1902. Amended. Demand not necessary. Taxes— when due. Collection'by distraint. Tax recelpts- what to contain. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That section 128 of an act entitled "An act in relation to public revenue and repealing all pre- vious acts or parts of acts in conflict therewith," ap- proved March 22, 1902, be and is hereby amended to read as follows: Sec. 128. No personal demand of taxes shall be necessary, but it is the duty of every person subject to taxation to attend at the office of the treasurer and pay the first half of the taxes assessed against his property on or before the last day of February, and the remaining one-half part thereof on or before the last day of July of the year following the one in which they were as- sessed; and if such person shall neglect or fail to pay such tax until after the first day of August following the levy of the same, the treasurer may make the same, to- gether with all penalties and costs, by distraint and sale of any of his personal property, whether it be the prop- erty taxed or other property. The treasurer shall issue for each payment of taxes, a receipt which shall state the amount of tax paid and of interest and penalties thereon, if any; the year, or portion thereof, for which the payment is made; the property, specifically, on which the tax is paid; the as- sessed value of the real and also of the personal property therein included; and the rate or rates of the levy thereon; and shall stamp or print in red, on the face of Ch. 131.] REVENUE. 309 every tax receipt issued the fact of delinquency of prior tax or of unredeemed tax sale, if any, and the amount thereof of the property included in the receipt. On the reverse side of the tax receipt shall be printed the ap- portionment of the levy or levies. Sec. 2. That section 147 of said act be and is hereby Amended. amended to read as follows: Sec. 147. The county treasurer shall certify in writ- certificate of Ing the entire amount of taxes and assessments due upon taxes due-what any parcel of real estate, and all sales of the same for ^^ contain. unpaid taxes or assessments shown by the books in his office, with the amount required for redemption of the same, if still redeemable, whenever he shall be requested to certify as to the taxes on such parcel, and paid or tendered his fees for such certificate, at the rate of fifty Fees for same. (50) cents for the first parcel in each township, incor- porated city or town, and ten (10) cents for each subse- quent parcel in the same township, town or city. Each "Parcel" description in the tax list and warrant shall be reckoned defined. a parcel in computing the amount of such fees. Sec. 3. That section 154 of said act be and is hereby Amended. amended to read as follows : Sec. 154. As between the grantor and grantee. Taxes as where there is in the instrument of conveyance no ex- between press agreement as to which shall pay the taxes that ^'^^^^^ ^^^ Durcriaser may be assessed on the land conveyed, if such convey- ance is made between the thirty-first (31st) day of De- cember and the first (1st) day of the next July, then the grantee shall pay the taxes for the year in which tlie con- veyance is made. But if the property is conveyed be- tween the thirtieth (30th) day of June and the first day of the next January, then the grantor shall pay the taxes for the year in which the conveyance is made. Sec. 4. That section 157 of said act be and is hereby Amended. amended to read as follows: Sec. 157. The county treasurer shall, as soon as may Notice by man be after the first day of August and before the first day to taxpayer, of September in each year, notify by mail at their last known address each person by whom a tax or taxes for the previous year are known to be due and unpaid, of the amount of his or her said delinquency, and shall allow ^^^^ ^^^^^ ten days from the time of mailing of said notice for the allowed to payment of such delinquent taxes and the prescribed in- delinquents. 310 REVENUE. [Ch. 131. List of lands to be sold and notice of sale. Proviso as to delayed list. Form of notice of sale. terest thereon, and shall, twenty days after mailing such notice, make out a list of all lands and town lots subject to sale, describing such land and town lots as same are described on the tax roll, with an accompanying notice stating that so much of each tract of land, or town lots, described in said list, as may be necessary for that pur- pose, will, on a day specified thereafter, and the next suc- ceeding days, be sold by him at public auction at the county treasurer's office, for the taxes, interest and charges thereon, and taxes, interest and charges assessed against the owner thereof for personal property; Pro- vided, however. That if such list should not be made until after the first day of September, the sale held thereunder shall not be void by reason thereof. Such notice may be in the following form : Treasurer's Office, County, State of Colorado. Public notice is hereby given that I will, according to law, offer at public sale, at the office of the treasurer of County of and State of Colorado, on the day of A. D. 19 . . , and suc- ceeding days, commencing at the hour of o'clock a. m. of said d^j, so much of the following described real estate, situate in the said county on which taxes for the year (or years) 19 . . have not been paid as shall be necessary to pay the taxes hereinbelow set down, interest and penalties, to wit : p o w o H H <1 H GQ W h-^ -^ o H Oh. 131.] REVENUE. 1 •« -< ^ o 1 1 o < oo n « iz; o o ^ -< g ■< > »4 9 n • ^ © g o v S ^ a .ei.2 O O-M S""^ s>l «s^ o ? ^f^ Ik § ^ iss 6 « ^§2 1- CLi « » ^ ^1 fe a <j ;z; 311 a P B ^ 312 EEVENUE. [Ch. 131. Amended. Condition precedent to request for tax deed. Notice to party in possession of request for deed. Publish notice when no person in possession. Sec. 5. That section 178 of said act be and is hereby amended to read as follows: Sec. 178. Before any purchaser or assignee of such purchaser of any land, town or city lot or mining claim, hereafter sold for taxes, or special assessments due either to the State or any county or incorporated town or city within the same, of the assessed valuation of ?100 or more, at any sale for taxes or levies authorized by the laws of this State, shall be entitled to a deed for the lands, lots or premises so purchased, he shall make request upon the county treasurer, who shall then comply with the following, to wit: The county treasurer shall serve or cause to be served, by personal service or by registered mail, a writ- ten or printed, or partly written and partly printed, no- tice of such purchase on every person in actual posses- sion or occupancy of such land, lot or premises, and also on the person, in whose name the same was taxed or specially assessed, if upon diligent inquiry such person can be found in the county, or his residence without the county be known, and upon- all persons having an in- terest or title of record in or to the premises, if upon diligent inquiry the residence of such persons can be learned, not more than five months, and at least three months before the time of issuance of such deed, in which notice he shall state when the applicant or his assignor purchased the land or lot, in whose name it was taxed, the description of the land or lot purchased, for what year taxed or specially assessed, and when the time of redemption will expire, or when the tax deed shall be issued. If no person is in actual possession or occupancy of such land or lot, or the residence of the person in whose name the same was taxed or specially assessed, and the residence of none of the persons having interests or title of record in or to the premises, can, upon diligent inquiry, be learned, then the treasurer shall publish such notice in some newspaper in such county; and if no newspaper is printed in the county, then in the newspaper that is published in this State nearest the county seat of the county in which such land, lot or premises is situate; and where there are two or more such newspapers and one or more is pub- lished daily, the publication shall be in a newspaper issued daily; which notice shall be inserted three times, Ch. 131.] REVENUE. 313 the first time not more than five months, and the last time not less than three months, before the time at which deed may issue; and shall send by mail, postage prepaid, a copy of such notice to each of such persons not found to be served, whose address is known or can be learned upon diligent inquiry. The purchaser or assignee shall, at the time of making on the treas- urer such request for notification, prepay to the treas- urer twenty-five (25) cents for each of such notices to Fees. be served, and the cost of publication in a newspaper, where newspaper publication is required, and shall take a receipt for the prepayment, if any, of all such notices. The treasurer shall make and carefully preserve among the files of his office a record of all things done in com- pliance with this section, and shall certify to a com- pliance with the provisions of this section. Sec. 6. That section 179 of said act be and is hereby Repeal. repealed. Sec. 7. That section 180 of said act be and is hereby Amended. amended to read as follows: Sec. 180. In case the treasurer shall be compelled cost of to serve such notices or to publish such notice in a news- notices or paper, then, before any person, who may have a right ^<^ ^e ^d^d°to *^ redeem such land or lot from such sale, shall be permit- redemption ted to redeem, he shall pay the officer or person, who by money. law is authorized to receive such redemption money, the entire amount prepaid by the applicant for a tax deed to the county treasurer for such notices and for printer's fee for publishing such notice, for the use of the person compelled to prepay such notices as aforesaid. If the property therein described be redeemed before the ex- piration of the period of redemption named in such no- tice, the said purchaser or his assigns shall recover, in addition to his interests and penalties, the cost of such publication. Sec. 8. That section 181 of said act be and is Amended. hereby amended to read as follows: Sec. 181. Deeds executed by the treasurer under the provisions of this act shall be substantially in the following form: Know all men by these presents, that, whereas, the Form of following described real property, viz.: (description of ^^^ <^eed. property taxed), situated in the County of , 314 , REVENUE. [Ch. 131. and State of Colorado, was subject to taxation for the year (or years) A. D. 19. . . ; And, whereas, the taxes assessed upon said prop- erty for the year (or years) aforesaid remained due and unpaid at the date of the sale hereinafter named; And, whereas, the treasurer of the said county did, on the day of A. D. 19. . ., by virtue of the authority vested in him by law, at (an adjourned sale) the sale begun and publicly held on the day of , A. D. 19. . ., expose to public sale at the office of the treasurer, in the county aforesaid, in substantial conformity with the requirements of the statute in such case made and provided, the real prop- erty above described for the payment of the taxes, in- terest and costs then due and remaining unpaid on said property; And, whereas, at the time and place aforesaid, A B of the County of and of bid on all of the above described property the sum of dollars, and cents, being the whole amount of taxes, in- terest and costs then due and remaining unpaid upon said property for that year, and the said A B having offered in his said bid to accept in- terest upon the said sum at the rate of per cent, per annum for the first six months and at the rate of per cent, per annum for the next six months, and thereafter at the rate of per cent, per annum, and the said rate of interest being the lowest rate of interest at which any person offered to pay the said taxes, interest and costs so due upon said property for that year, and payment of the said sum having been made by him to the said treasurer, the said property was stricken off to him at that price; And, whereas, the said A B did, on the day of , A. D. 19 ... , duly assign the certificate of the sale of the property as aforesaid, and all his rights, title and in- terest in said property, to E F of the County of and of ; And, whereas, at the sale so held as aforesaid by the treasurer, no bids were offered or made by any per- son or persons for the said property, and no person or per- Ch. 131.] REVENUE. 315 sons having offered to pay the said taxes, interest and costs upon the said property for that year, and the treas- urer having become satisfied that no sale of said prop- erty could be had, therefore the said property was, by the then treasurer of the said county, stricken off to the said county, and a certificate of sale was duly is- sued therefor to the said county in accordance with the statute in such case made and provided. And, whereas, the said County, acting by and through its county treasurer, and in conformity with the order of the board of county commissioners of the said county, duly entered of record on the day of , A. D (the said day being one of the days of a regular session of the board of county commissioners of said county), did duly assign, the certificate of sale of said pi:operty, so issued as afore- said to said county, and all its rights, title and interest in said property held by virtue of said sale. And, whereas, the said A B (or E F ) has paid subsequent taxes on said property to the amount of dollars and cents ; And, whereas, more than three years have elapsed since the date of the said sale, and the said property has not been redeemed therefrom as provided by law. And, whereas, the said property was assessed for that year at a sum of less, or more (strike out in accordance with fact) than one hundred dollars; And, whereas, all the provisions of the statutes pre- scribing prerequisites to obtaining tax deeds have been fully complied with, and are now of record, and filed in the office of the county treasurer of said county. Now, therefore, I, C D , treasurer of the county aforesaid, for and in considera- tion of the sum to the treasurer paid as aforesaid, and by virtue of the statute in such case made and provided, have granted, bargained and sold, and by these presents do grant, bargain and sell the above and foregoing de- scribed real estate unto the said A B (or E F ) , his heirs and assigns, for ever, subject to all the rights of redemption by minors, insane persons or idiots, provided by law. 316 EEVBNUE. [Ch. 131. In witness whereof, I, C D , treasurer as aforesaid, by virtue of the authority afore- said, have hereunto set my hand and seal this day of A. D. 19 C D , (Seal) Treasurer. Form of State of Colorado, County of , ss. oftardefd""^''' ^ hereby certify that before me , , in and for said county, personally, appeared the above named C D , treasurer of said county, personally known to me to be the treasurer of said county, at the date of the execution of the above conveyance, and to be the identical person whose name is aflSxed to the foregoing deed, and who executed the above conveyance as treasurer of the said county and who acknowledged the execution of the same to be his voluntary act and deed as treasurer of said county, for the purposes therein expressed. Given under my hand and seal this day of A. D. 19 (Seal) Emergency. Sec. 9. lu the opiuiou otf the General Assembly an emergency exists, and therefore, this act shall take effect and be in force on and after its passage. Approved April 5, 1905. Ch. 132.] SOLDIERS AND SAILOES — BURIAL. 317 CHAPTER 132. SOLDIEES AND SAILOES— BTJEIAL. (H. B. No. 162, by Mr. Hurd.) AN ACT TO AMEND AN ACT ENTITLED ''AN ACT TO AMEND AN ACT TO PROVIDE FOR THE BURIAL OF HONORABLY DIS- CHARGED EX-UNION SOLDIERS, SAILORS OR MARINES WHO MAY HEREAFTER DIE WITHOUT LEAVING MEANS SUFFICIENT TO DEFRAY FUNERAL EXPENSES AND TO PROVIDE HEADSTONES FOR THEIR GRAVES." APPROVED MARCH 1, 1887. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That section one of an act>entitled "An Amended, act to provide for the burial of honorably discharged ex-union soldiers, sailors or marines, who may hereafter die without leaving means sufficient to defray funeral expenses and to provide headstones for their graves," approved March 22, 1893, be and the same is hereby amended so as to read as follows: Section 1. It shall be the duty of the county com- county missioners in each of the counties of this State to desig- commissioners nate some proper person in each county, whose duty it ^^^^^^^^^^"^^ shall be to cause to be decently interred the body of an interred body honorably discharged ex-union soldier, sailor or marine, of soldier, saiioi who served in the army or navy of the United States ^^ marine. during the late war, and also all ex-soldiers, sailors or marines of the Spanish-American war and who may hereafter die without leaving sufficient means to de- fray funeral expenses, or shall die leaving a family un- provided with a home and in indigent circumstances; interment not such burial shall not be made in that portion of any in pauper cemetery or burial ground used exclusively for the burial ground. of the pauper dead. The expense of each burial shall Expenses, not exceed the sum of fifty (|50.00) dollars. In case the deceased should have relatives or friends who shall de- 318 STATE BOARD OF AGRICULTURE. [Ch. 133. Friends or relatives may conduct services. sire to conduct the funeral services, they shall be per- mitted to do so and the expense shall be paid a6 herein provided. Approved April 10, 1905.. CHAPTER 133. STATE BOARD OF AGBICTJLTUEE. (S. B. No. 171, by Senator Drake.) AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO ESTABLISH A STATE BOARD OF AGRICULTURE AND TO DEFINE ITS DUTIES," APPROVED FEBRUARY 27, 1877, AND AS AMENDED FEBRUARY 12, 1879. Amended. Vacancies- how filled. Quorum. Board receives no compen- sation—except. Be it Enacted hy the General AssemMy of the S^ate of Colorado: Section 1. That section three of an act entitled, "An act to establish a State Board of Agriculture and to define its duties," approved February 27, 1877, and amended February 12, 1879, is hereby amended so as to read as follows: Sec. 3. Any vacancy in the said board, caused by death, resignation or removal from the State, may be filled by a majority of the members; a majority shall be a quorum for the transaction of business. The members of the board shall receive no compen- sation for their services, but may be allowed actual trav- eling expenses, upon presenting an itemized bill for the same, Provided, however. That the board may allow the president a salary of two hundred dollars ($200.00) per annum. Approved April 10, 1905. Ch. 134.] STATE BOARD LAND COMMISSIONERS. 319 CHAPTER 134. STATE BOARD OF LAND COMMISSIONEES. STATE LANDS. (H. B. No. 64, by Mr. Bromley.) AN ACT RELATING TO THE STATE BOARD OF LAND COMMISSIONERS, AND TO PROVIDE FOR THE SELECTION, LOCATION, AP- PROVAL, SALE, LEASING AND MANAGEMENT OF STATE AND SCHOOL LANDS; CREATING CERTAIN OFFICERS OF THE STATE BOARD OF LAND COMMISSIONERS AND DE- FINING THEIR DUTIES; PROVIDING FOR THE EXCHANGE OF TIMBER LANDS FOR AGRICULTURAL OR GRAZING LANDS; PROVIDING FOR THE VENUE OF SUITS BROUGHT IN RELATION TO SCHOOL LAND; PROVIDING FOR AND AUTHORIZING THE EQUITY IN STATE OR SCHOOL LANDS TO BE TAXED, TOGETHER WITH THE IMPROVEMENTS; PROVIDING FOR THE INVESTMENT AND LOANING OF THE PERMANENT FUNDS ARISING FROM THE SALE OF STATE OR SCHOOL LANDS; PROVIDING FOR THE LOCATION OF MINERAL CLAIMS UPON STATE OR SCHOOL LANDS AND SECURING OF TITLE THERETO, AND REPEALING ALL ACTS OR PARTS OF ACTS IN CONFLICT THEREWITH. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. The Governor, Superintendent of Public preliminary Instruction, Secretary of State and Attorney General be recital of ing constituted a State Board of Land Commissioners by several powers the Constitution of this State, said board shall have di- °' ^^® ^''*''^- rection and control of all lands belonging Jto the State, to manage the same as the best interests of the State shall require, not inconsistent with the provisions of this act and the Constitution of the State. A majority of the Quorum. board shall constitute a quorum for the transaction of business. 320 STATE BOARD LAND COMMISSIONERS. [Ch. 134. President of board. Meetings. Rules of meeting. Committee of examiners. Report pt committee. Record and papers. Register of board. Salary. Office force. Duties of register. See. 2. The Governor shall be president of the board, but in his absence from any meeting the board may elect one of its members president pro tempore, who shall pre- side at such meeting. The board shall hold regular meet- ings in the State Land Office on the first Wednesday in each month, and may hold such other meetings as the board may direct, and may meet at any time on call of the president or a majority of the board. The meetings of the board shall be regulated by such rules as the board may adopt. Sec. 3. The Governor shall, upon the first day of April and October of each year, appoint a committee of three competent persons to examine the books and ac counts of the State Board of Land Commissioners. Said committee shall make a report in writing, which shall be delivered to the Governor. Sec. 4. The State Board of Land Commissioners shall cause a complete record of their proceedings to be kept in a suitable book, and shall preserve all important papers and documents pertaining to the State lands. Sec. 5. The State Board of Land Commissioners are hereby authorized to appoint a register of the State Board of Land Commissioners, who is not a member of said board, whose salary shall be three thousand dollars per annum. The State Board of Land Commissioners is authorized and empowered to employ all office force. It shall be the duty of the register to keep the records of the State Board of Land Commissioners; to make out and countersign all patents and leases issued by the president of the said board to purchasers and lessees of State lands, and keep a suitable record of the same; to file and preserve bonds pf lessees and those given by purchasers to secure deferred payments; to make and de- liver to purchasers suitable certificate of purchase; to have the custody of the seal of the State Board of Land Commissioners ; to keep the minutes of the said board ; to receive all moneys from the deputy register collected by such officer on account of the State Board of Land Com- missioners, and to pay them over to the State Treasurer at the end of each calendar month, and. in the absence of the deputy register to receipt for and receive all moneys payable to the State Board of Land Commissioners, and to perform such other duties concerning the l?ind affairs of the State as the said board mav direct. It shall also Ch. 134.] STATE BOABD LAND COMMISSIONERS. 321 be the duty of the register in any and all contested cases, at the direction of the board, when hearings are necessary and witnesses may be required to be examined, to set a date for hearing such cases. The register shall duly ad- Duties of vise the contestants and their accredited attorneys of the register in date set for such hearings, and on the date appointed the ^^^^^^^ ^^^.se register is hereby empowered to administer oaths and to May hear and receive evidence, after the manner and pro- administer cedure established by the United States in the district °^^^^- land offices, or in accordance with the rules that are or may be adopted by the board governing such cases. All evidence given and provided in such cases before the register shall be fully transcribed and arranged at the cost of the parties to the contest, and shall form a part of the records of the office of the State Board of Land Commissioners. The register shall, as soon as convenient after such hearings, present a full transcript of the pro- ceedings to the State Board of Land Commissioners, who shall render a decision in accordance therewith. The register shall be provided with a suitable office, office fur- niture, stationery and postage by the Secretary of State. On or before the tenth day of December immediately pre- His annual ceding the meeting of the General Assembly, he shall '*®p°^- make a report of the business of his office, the transac- tions of the State Board of Land Commissioners, and the land affairs of the State, showing, by tables, the land belonging to the several funds of the State, to whom sold, the amount leased, the receipts from all sources, and said reports shall contain any such, other items or infor- mation concerning State lands as the State Board of Land Commissioners may deem worthy of publication; Provided, Said report does not exceed the number of pages permitted by law. Of this report there shall be published the same number as is now, or may be hereafter, required by law for the executive departments of the State. Be- fore assuming the duties of his office the said register shall give bond in the sum of fifty thousand dollars Registers bond. ($50,000), conditional upon the faithful discharge of his duties, and said bond shall be approved by the State Board of Land Commissioners and filed with the Secre- tary of State. Sec. 6. The State Board of Land Commissioners fo^^depuS^ ^^ shall be allowed the sum of one thousand eight hundred regrister. 322 STATE BOARD LAND COMMISSIONERS. [Ch. 134. His duties. Bond. X«and patents. Certified copy, evidence. Fees for appraisement to be fixed. Land selections. May employ ag:ents. dollars (?1,800.00) annually for the employment of a deputy register. It shall be the duty of the deputy regis- ter to receipt and account for all moneys payable to the State Board of Land Commissioners, and said deputy register shall pay same over to the register at the end of each calendar month. The deputy register shall give a good and sufficient bond, to be approved by the State Board of Land Commissioners, for the faithful perform ance of the duties pertaining to that position, the amount of said bond to be fixed by the State Board of Land Commissioners. The deputy register shall perform such other duties as may be prescribed by the State Board of Land Commissioners. Sec. 7. The Governor of the State shall be, and is hereby authorized, and, in case of his absence or inabil ity, the Lieutenant Governor shall be, and is hereby au- thorized to execute a good and sufficient deed or patent of conveyance, transferring in fee, without covenants, any and all lands which shall, or may be ordered sold, or which shall be sold and disposed of by the State Land Board under the statutes of this State. Such deed or patent shall be attested by the Secretary of State, coun- ersigned by the register, and have the great seal of the State and the seal of the State Board of Land Commis- sioners thereto attached, but need not be acknowledged. The certified copy of the record of any such deed or pat- ent shall be receivable in evidence in all courts of record in this State, the same as the original. Sec. 8. The State Board of Land Commissioners shall provide, by rule, for the amount to be paid for the appraisement of land included in each application to purchase, which amount shall be paid by the person or persons applying for the land when such application is filed with the register. Sec. 9. It shall be the duty of the State Board of Land Commissioners to select and locate all lands which are now, or may be hereafter, granted to this State by the general government, for any purpose whatever, and the board shall take the necessary steps to secure the approval of such selections by the proper officers of the general government. In making such selections, the board may employ such agents and means as may be necessary to acquaint the board with the character of the lands Ch. 134.] STATE BOARD LAND COMMISSIONERS. 323 selected; and the board may provide to have the lands belonging to the State classified and appraised. Sec. 10. There shall be appointed by the State Board Three of Land Commissioners not less than three appraisers of appraisers. State lands, who shall be under the direction of the regis- ter of the State Board of Land Commissioners, and who shall be paid not more than fifteen hundred dollars salaries. ($1,500.00) per annum for such services. There shall also be appropriated the sum of three thousand dollars Appropriation ($3,000.00) per annum for the purpose of defraying the for expenses. expenses of said appraisers when visiting the different portions of the State in the discharge of their duties. Sec. 11. The State Board of Land Commissioners is Fee bin. hereby authorized and empowered to collect the fees herein fixed for the issuance of leases, patents, certifi- cates of purchase, right of way deeds, recording assign- ments, making township plats, filing bonds, and for the filing of all documents necessary to be filed in said oflice, to- wit : Filing application to lease $ .50 Filing application to purchase 50 Accepting and approving bond 1.00 Issuing lease, each 160 acres or fraction thereof 1.00 For each additional 160 acres or fraction thereof in the same lease 50 For issuing patent or certificates of pur- chase each 160 acres or fraction thereof 2.00 Assignment fee 1.00 Patent for town lot, one or more 2.00 Bight of way deeds, easements, etc 3.00 For issuing permission to make improve- ments in excess of amount allowed by the terms of the lease 2.00 Certified copies of any instrument or of the records Fees for copies. shall be furnished at the rate of 20 cents per folio and fl.OO for the certification. Each application for lease must be accompanied by the advertising fee of five dollars, and the filing fee of fifty cents. •• All applications for purchase must be accompanied Advertising and by an appraisement fee of ten dollars and the filing fee mingr fees. of fifty cents. 324 STATE BOABD LAND COMMISSIONERS. [Ch. 134. Township plats. Minlngr leases. Pay Into State Treasury. Disposition of fees. Land Commissioners* cash fund. Warrants and vouchers. Settlers' improvements. Purchaser's right to possession. If the board orders a sale to be made, the applicant shall be required to pay an advertising fee of seventeen dollars. All township plats shall be furnished at fifty cents each. For subdividing mineral lands into lots of ten acres each for the purpose of leasing, upon the application of any person, a deposit of ten dollars for each lot shall be required. All moneys collected by the State register and deputy in pursuance of any action or resolution of the board, shall be paid into the State Treasury. All aforesaid fees shall be paid in advance to the deputy register and be transmitted and accounted for by said deputy to the register of the.Jboard, as in the case of other funds, and the said register shall turn the same into the State Treasury, as in the case of moneys col- lected for rent and partial payments on certificates of purchase. And it shall be the duty of the State Treas- urer to receive said funds and credit the same to the Land Commissioners' cash fund, to be paid out by him on warrants drawn by the Auditor of State. It shall be the duty of said Auditor to draw warrants against said fund in payment of such vouchers as may be audited and allowed by the State Board of Land Commissioners and certified to by the Governor of the State and the register of the State Board of Land Commissioners. Sec. 12. That when any person hath heretofore, or shall hereafter settle upon and improve any of the public lands which have been, or shall hereafter be, donated by act of Congress to public uses, for educational or other purposes, and upon any sale of such lands by public authority, subsequent to such settlement and improve- ment, if the person settling upon such lands ^shall not become the purchaser, the person becoming the purchaser of such lands shall pay to such settler the reasonable value of his improvements thereon. Whenever the par- ties can not agree as to the reasonable value of such improvements, the same shall be recoverable by an action of assumpsit in the District Court of the proper county. Sec. 13. Nothing herein contained shall be construed to interfere with the right of the purchaser of any such lands to the immediate possession thereof, upon the com- pletion of his purchase. Ch. 134.] STATE BOAED LAND COMMISSIONERS. 325 Sec. 14. The State Board of I^and Commissioners Power to lease. may lease any portion of the land of the State, at a rental to be determined upon after an examination of the land by an appraiser, except as hereinafter provided. The lessee shall pay the annual rental to the State Land Board, who shall receipt for the same in the lease. Upon receiving such annual rental, the State board shall im- Disposition of mediately transmit the same to the State Treasurer and rentals. take his receipt therefor. If stone, coal, coal oil, gas or other mineral not herein mentioned, be found upon the State land, such land may be leased for the purpose Mining leases. of obtaining therefrom the stone, coal, coal oil, gas or other mineral, for such length of time, and conditioned upon the payment to the State board of such royalty Royalties, upon the product as the State Board of Land Commis- sioners may determine. * Sec. 15. All leases of State or school land shall be Rent fn advance conditional upon the payment of rent in advance and the . violation of this condition shall work a forfeiture of the Fortfeiture. lease, at the option of the State Board of Land Com- missioners, after thirty days' notice to the lessees, such notice being sent to the last known postoffice address of lessee, as given by himself to the register of the State Land Board. Sec. 16. No lease of State or school land for grazing Length of term. purposes shall be for a longer term than twenty years, and no lease of State or school land for agricultural purposes shall be for a longer period than ten years, ex- cept as hereinafter provided. When any lease expires by limitation, the holder R®^®^^^^- thereof may renew the same in manner as follows: At any time within the thirty days next preceding the ex- piration of the lease, the lessee, or his assigns, shall notify the register of his desire to renew said lease ; if the , lessee and State board agree as to the valuation of the valuation. land, a new lease may be issued, bearing even date with the expiration of the old one, and upon like conditions; Provided, always, That the former valuation shall not be decreased without the consent of the State board; Greatest annual Provided, That nothing in this section shall prohibit the revenue. State board from leasing any of the State lands to such party or parties as shall secure to the State the greatest annual revenue; Provided, further. That the State board saie of land may, in its discretion, offer said land for sale at the end under lease. 326 STATE BOARD LAND COMMISSIONERS. [Ch. 134. of any period of five (5) years, during the term of said lease, upon the same terms and in the same manner as though said lease had not been executed. Settlers' Sec. 17. Should anyone apply to lease any of the Improvements, lands belonging to the State upon which there are im- provements belonging to another party, before a lease shall issue, he shall file in the office of the State Board of Land Commissioners a receipt, showing that the price of said improvements, as agreed upon by the parties, or fixed by the State board, has been paid to the owner thereof in full, or shall make satisfactory proof that he has ten- dered to such owner the price of said improvements so Power to agreed upon or fixed by the board. If, by any mistake or mistakes and ^^^^? ^^J money has been, or shall hereafter be, paid on to re^und.^? accouut of any sale or lease of State lands, it shall be the duty of the board to draw a voucher in favor of the party paying said money; and on presentation of such voucher the Auditor shall draw his warrant upon the State Treas- urer for the amount, and the State Treasurer shall pay the same out of the fund into which such money was Power to cancel deposited or placed. If, through any fraud, deceit or leases for fraud misrepresentation, any party or parties shall procure the issuing of any lease for State lands, the board shall have the authority to cancel any such lease. Leasing: of Sec. 18. Lauds within city boundaries may be leased state land f^^^ g^ ^gpjjj j^q^ exceeding fifty years. All such leased in c t es. lands shall be reappraised and classified at least every five years, and the lessee of all such lands shall pay any increased rental or forfeit the land so held. When any lease expires by limitation the holder thereof may renew the same in manner as follows : At any time within the thirty days next preceding the expiration of the lease, the lessee, or his assigns, shall notify the register of his desire to renew said lease. If the lessee and the State Board of Land Commissioners agree as to the valuation of the land,- a new lease may be issued, bearing even date with the expiration of the old one, and upon like conditions ; Pro- vided, always, That the former valuation shall not be decreased without the consent of the State Board of Land Commissioners; Provided, That nothing in this section shall prohibit the State Board of Land Commissioners from leasing any of the State lands to such party or par- ties as shall secure to the State the greatest annual revenue; Provided, further, That the State Board of Land Ch. 134.] STATE BOARD LAND COMMISSIONERS. 327 Commissioners may, in its discretion, oflPer said land for saies of city sale at the end of any period of five years, upon the appli- ^®^'^^* cation of the lessee, during the term of said lease, upon the same terms and in the same manner as though said lease had not been executed. Sec. 19. All corporations, companies or persons using or occupying any State or school lands without lease, and all corporations, companies or persons who shall use or occupy State or school lands for more than thirty days after the cancellation or expiration of a lease, and any corporation, company or person who shall con- Trespassing struct a reservoir, ditch, railroad, public highway, tele- easements, graph or telephone line, or in any manner occupy or enter upon lands belonging to the State of Colorado, without first having secured the authority and permission of the State Board of Land Commissioners to so occupy said land for such purpose, shall be regarded as trespassers, and, upon conviction thereof, shall be fined in the sum of Penalties not less than twenty-five dollars (f 25.00) and not more^^^inst than one hundred dollars (JIOO.OO), and each day shall ^"^^^p"*®"* be considered a separate offense, and in each case, where a bond has been furnished to the State Board of Land Commissioners, the bondsmen of the lessee shall be equally liable with himself, and in addition to the fore- going penalty the State shall be allowed to collect as rental for the use of such lands a sum equal to the ap- praised value thereof for rental purposes, as fixed by an appraiser from the State Board of Land Commissioners, and which value shall not be less than five cents per acre per annum. All suits under the provisions of this act shall be instituted under the direction of the Attorney Greneral in the name of the People of the State of Colorado. Sec. 20. All lands granted by Congress to the State saie of school for the support of common schools, being sections gix-^^^^^* teen and thirty-six, and all that may be selected in lieu of said sections, are hereby withdrawn from market, and the sale thereof prohibited ; Provided, Parcels of not less than forty (40) acres of such land may be sold when the State board is of the opinion that the best interests of the school fund will be served by offering such parcel for sale; Provided, further. That such land shall only be sold at Public aucUon. public, auction, and at not less than three and one-half Minimum price. dollars per acre; Provided, That school lands shall not 328 STATE BOARD LAND COMMISSIONERS. [Ch. 134. Plattine: school land into lots. Sale of land U. S. for irrigration projects. to Sales to settlers. National irrigation areas. Advertisement of land sales. be offered for sale, except upon the conditions hereinafter provided for the sale of other State lands. Sec. 21. The State Board of Land Commissioners may cause any portion of the State or school lands to be laid out in lots and blocks, to be sold from time to time, at public auction, to actual settlers only, or to persons who shall improve the same, in such quantities and at such times as shall enable the State to realize the best prices for such land, and such land shall not be sold ex- cept in lots -OP blocks, as herein provided. Sec. 22. Any State lands needed by the United States for irrigation works, other than right of way for roads, bridges, canals, ditches, tunnels, pipe lines, tele- phone and transmission lines, shall be sold to the United States at a price not to exceed three dollars and fifty cents (t3.50) per acre, and the State Board of Land Com- missioners shall direct the Governor, Secretary of State and register to execute and sign, as provided in this act, on behalf of the State, a proper deed or other instrument of writing for such lands. Sec. 23. 'the State Board of Land Commissioners may at any time direct the sale of any State lands, except as provided in thip act, in such parcels, to actual settlers only, or to persons who shall improve the same, as they shall deem for the best interests of the State and the pro- motion of the settlement thereof; Provided, That no lands belonging to the State, within the areas to be irrigated from works constructed or controlled by the United States or its duly authorized agents, shall hereafter be sold ex- cept in conformity with the classification of farm units by the United States, and the title to such lands shall not pass from the State until the applicant therefor shall have fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works, and shall produce the evidence thereof duly issued. After the withdrawal of lands by the United States for any irri- gation project, no application for the purchase of State lands within the limits of such withdrawal shall be ac- cepted, except upon the conditions prescribed in this section. All sales under this act, except those to the United States, shall be advertised in four consecutive issues of some weekly paper of the county in which such land is situated, if there be such paper; if not, then in Ch. 134.] STATE BOARD LAND COMMISSIONERS. 329 some paper published in an adjoining county, and in such other papers as the board may direct. The advertisement shall state the time, place and terms of ^ale, and the mini- mum price per acre fixed by the board of each parcel, be- low which no bid shall be received ; Provided, That in all cases the land shall be offered in legal subdivisions of not Legal less than forty (40) acres, or more than one hundred and subdivisions, sixty (160) acres; Provided, That sales of State lands shall be made to citizens of the United States, and to those who have declared their intention to become suchAUens. only. If any land be sold on which surface improvements shall have been made by a lessee, said improvements shall be appraised under the direction of the State board. When lands on which such improvements have been made are sold, the purchasers, if other than the owner of said im- settlers* provements, shall pay the appraised value of said improve- improvements. ments to the owner thereof, taking a receipt therefor, and he shall deposit such recejpt.with the State board before he shall be entitled to a patent or certificate of purchase. All such receipts shall be filed and preserved in the office of the State Board of Land Commissioners. Sec. 24. All sales of State lands shall be held at piace of sale. the State Capitol, unless otherwise directed by the State Board of Land Commissioners. Terms of payment shall Terms of be as follows, viz.: Timber sales, cash on the day of sale; payment. on lands selling for three dollars and fifty cents to twenty-five dollars per acre, 10 per cent, of the purchase money on the day of the sale, the balance in eighteen equal annual payments, at 6 per cent, per annum. Lands selling at more than twenty-five dollars, and less than seventy-five dollars per acre, 20 per cent, cash on day of sale, the balance in fourteen equal annual payments, at 7 per cent, per annum, or the purchaser may make full payment with accrued interest at any time. Lands selling at seventy-five dollars and upwards, 30 per cent, cash, and balance in seven equal annual payments, at 7 per cent, interest, or the purchaser may make full pay- ments with accrued interest at any time. When the conditions hereinbefore prescribed have been complied with, the State board shall make and deliver to the pur- chaser a certificate of purchase, containing the name of certificate of the purchaser, a description of the land purchased, the sum purchase. paid, the amount remaining due, and the date at which each of the deferred payments falls due, and the amount 330 STATE BOABD LAND COMMISSIONERS. [Ch. 134. Patent. Outstanding certificates. Defaultlngr purchasers. Forfeiture. Re-sale of forfeited land. Payments— where made. thereof; such certificate shall be signed by the Governor and countersigned by the register, and a record of the same kept by him in a suitable book. Whenever a pur- chaser of any State land has complied with all the con- ditions of the sale, and paid all purchase money with the lawful interest thereon, he shall receive a patent' for the land purchased; such patent shall be signed by the Governor, attested by the Secretary of State, and coun- tersigned by the register, and have the great seal of the State and the seal of the State Board of Land Commis- sioners thereto attached; and when so signed, such pat- ent shall convey a good and sufficient title in fee simple; Provided, That no patent shall be issued for less than forty acres, except for town lots; Provided, That the Governor and register shall be authorized to issue cer- tificates of purchase in lieu of receipts temporarily is- sued subsequent to April 17, 1899, for money paid on ac- count of lands heretofore sol^ by the State Board of Land Commissioners under existing law, and patents in lieu of final receipts so issued during the same period on account of payment in full for lands sold, on presenta- tion of such receipt by the legal owners thereof. Sec. 25. Whenever any purchaser of land shall de- fault for a period of thirty days in any of the payments of either principal or interest due upon the certificate of purchase issued to him, said certificate may be for- feited and the lands reverted to the State of Colorado upon a notice to that effect mailed to the last known postoffice address of said purchaser, and which notice shall allow him thirty days additional in which to pay the indebtedness to the State. Sec. 26. If any purchaser of State land, after re- ceiving a certificate of purchase, as provided in section 24 of this act, fails to make any one of the payments stipulated therein, and the same remains unpaid for thirty days after the time when it should have been paid, as specified in such certificate, the State Board of Land Commissioners may sell the lands again; Pro- vided, That, in case of a sale, all previous payments made on account of such land shall be forfeited to the State; the land shall revert to the State, and the title thereof shall be in the State, as if no sale had ever been made. Sec. 27. All moneys due and payable to the State Board of Land Commissioners shall be paid at the of- Ch. 134.] STATE BOARD LAND COMMISSIONERS. 331 fice of the State Board of Land Commissioners in the State Capitol in the City and County of Denver, Colo- rado, and all actions for the recovery of same, or for the cancellation of certificates of purchase, or for the cancellation of leases, or for the recovery of the pos- venue of session of the land, actions of forcible entry and detainer, actions. or ejectment, shall be brought in any court of compe- tent jurisdiction in the City and County of Denver, in the State of Colorado. Sec. 28. When, in the judgement [judgment] of the Terms of State board, a bond by the purchaser of State lands is purchaser's necessary, the State board shall require such purchaser to ^^"^• give a bond, upon such conditions as the board may deter- mine. In leasing State lands, the State board shall re- quire of the lessee such a bond as shall secure the State against loss or waste, or occupation of the land for more than thirty days after the cancellation or expiration of the lease of said lessee, unless the said lessee becomes the purchaser of the land, and in no case shall the lessee be allowed to cut or use more timber than shall be neces- sary for the improvement of the land or for fuel for the use of the family of the lessee, and the cutting and hauling of timber to saw mills, to be sawed on the shares, is expressly prohibited. Sec. 29. Whenever a certificate of purchase shall Lost papers- be lost or wrongfully withheld by any person from the <^upi*cate. owner thereof, the State Board of Land Commissioners may receive evidence of such loss or wrongful detention, and upon satisfactory proof of the fact, may cause a cer- certificate. tificate of purchase or patent, as the case may be, to is- sue to such person as shall appear to them to be the pro- prietor of the land described in the original certificate of purchase. Sec. 30. The State Board of Land Commissioners Adverse may hear and determine the claims of all persons who claims. may claim to be entitled in whole or in part, to any lands owned by this State, and the decisions of said board shall be held to be final, until set aside by a court of competent jurisdiction; and the board shall also have power to establish such rules and regulations, as in their opinion may be proper, to prevent fraudulent applica- tions. Sec. 31. All lands sold under the provisions of this Taxes. act, or any interest therein, shall be subject to taxation, 332 STATE BOARD LAND COMMISSIONEES. [Ch. 134. No tax on reverted land. Special funds. Same. Rights of way. Donations for school houses. Reversion. and the register of the State Board of Land Commis- sioners shall furnish to the county assessor of each county on the first day of May of each year a list of the equities owned or acquired in all lands so sold, to whom sold, the price per acre and the amount paid. Sec. 32. In case any lands sold under the provisions of this act are reverted to the State of Colorado for any cause whatsoever the register of the State Board of Land Commissioners shall at once notify the county treasurer of the county in which the land is situated, and upon receipt of such notice it shall be the duty of the county treasurer to at once rebate all taxes that have been charged against the lands so reverted. Sec. 33. The funds arising from the sale of public school, University and Agricultural College lands, shall be held intact for the benefit of the funds for which such lands were granted, and shall be known as permanent funds, and the interest and rentals only shall be ex- pended for the purposes of the grant. The funds aris- ing from the sale, leasing and income of all other State lands shall be disposed of as shall be provided by law, but, in the absence of any other provision, may be in- vested in the same manner as the school fund. Sec. 34. All moneys arising from the leasing of Agri- cultural College, University or public school lands which are now, or may hereafter be, received by the State Treas- urer, shall be treated in all respects in the same manner as is provided by law for the disposition of the interest on the proceeds arising from the sale of the same class of lands. ' Sec. 35. The State Board of Land Commissioners may grant the right of way across or upon any portion of State land, upon such terms as the board shall deter- mine, for any ditch, reservoir, railroad, public highway, telegraph or telephone line, and may grant land for the purpose of building district school houses, and may direct the Governor, Secretary of State and register to execute and sign, as provided by this act, on behalf of the State, a proper deed or other instrument of writing, for such right of way or grant; Provided, That this section shall not be construed to grant authority to convey any such land, except for the purposes above set forth ; And, Pro- vided, further. That whenever lands granted for any of the purposes mentioned in this section shall cease to be Ch. 134.] STATE BOARD LAND COMMISSIONERS. 333 used for such purposes, said lands shall revert to the State of Colorado, upon notice to that effect being served at their last known postoflSce address upon the person to whom such grant was made. The right of way is hereby Grant of right given, dedicated and set apart, to the United States, to of way to the locate, construct and maintain such roads, bridges, ca- ^- ^* nals, ditches, tunnels, pipe lines, telephone and transmis- sion lines as may be constructed for the purpose of irri- gation, by authority of the United States, over and through any of the lands which are now, or may be, the property of the State. All conveyances of State lands hereafter made shall contain a reservation of such rights of way. Sec. 36. For the purpose of furnishing irrigation sales of arid for State lands, the State Board of Land Commissioners land to secure is hereby authorized, when, in their judgement [J^^^g-Q^thCT^and^^ ment], the interests of the State may be subserved thereby, to sell at public sale, at such place as the board may fix, at not less than the appraised value thereof, which in no case shall be less' than the minimum price of three dollars and fifty cents ($3.50) per acre, any tract of arid land belonging to the State; Provided, That not more than one-half sec- tion of land shall be sold, and in alternate half-sections, to any responsible person or persons, on condition that said person or persons construct an irrigating ditch in. such locality, and of sufficient capacity to furnish water for the entire tract, and so located that said tract may be irrigated therefrom ; Provided, That before any of the State lands' shall be offered for sale, the party desiring to purchase said lands and construct a ditch shall enter into a contract with the board guaranteeing to bid at least the minimum price per acre, and to complete such ditch within given time, which time shall be fixed by the board in the contract. The contract shall further provide that the party constructing such ditch shall fur- nish water for the remaining one-half of the State lands at such reasonable rates as the board and the parties . building such ditch or canal may agree upon. Such con- contracts, how tract shall be drawn by the Attorney General, and signed drawn and by the Governor and register of the board, and by the^*^'^®^- party desiring to construct such ditch; And, Provided, further, That if any person, other than the person mak- ing application for the purchase of said lands shall be 334 STATE BOARD LAND COMMISSIONERS. [Ch. 134. the highest bidder at the public sale thereof, such bidder shall, within such reasonable time as the board may fix, enter into a contract and bond, as required by the pro- visions of this act, for the construction of said ditch, and for the furnishing of water therefrom; and in the event of his failure to furnish a satisfactory bond and enter into the said contract within the time fixed, then such bid shall be disregarded and such public sale shall be void and of no effect. The board shall make the sale upon like conditions as other State lands are sold, and shall require a good and sufficient bond from the party desiring to construct such ditch, conditioned for the faithful performance of the contract and the conditions No title to pass of the Sale. And in no case shall the title of any of said lands pass from the State until the ditch shall have been completed and accepted by the board. Sec. 37. All purchase moneys arising from the sale of lands shall be paid by the register of the State Board of Land Commissioners to the State Treasurer, who shall receipt for same, and the sum shall be by him credited to the permanent fund to which the land belonged. All interest on purchase money and all rents received from lands leased shall be paid by the register of the State board to the State Treasurer, and by him credited to the income fund to which the land belonged. All such funds, whether permanent or income, unless otherwise disposed of by law, shall be invested: In the bonds of the State of Colorado ; in interest-bearing warrants of the State of Colorado; Provided, That such bonds or war rants shall be purchased only at a price not to exceed the par value of same, and the interest only shall be used for the purpose for which the grant was made; as di- rected by the State Board of Land Commissioners, such funds shall be invested in the legally issued bonds of such irrigation districts as may be lawfully organized within the State of Colorado ; Provided, That such bonds shall be made by law a first lien against the real estate comprising such district; Provided, further, That the proceedings relating to the issue of such bonds shall have been examined, approved and confirmed as by law provided; And, Provided, further, That the State Board of Land Commissioners shall not authorize the Treasurer to purchase more than ten per cent. (lOj^) of the total issue of such bond in any one irrigation district, as fol tin ditch 'Completed. aPayments to register. Interestf. Investment of funds. Bonds a first lien. Ch. 134.] STATE BOARD LAND COMMISSIONBES. 335 lows : The State Board of Land Commissioners shall be contracts with authorized to enter into a contract with the board of irrigation directors of an irrigation district; which contract shall ^*®*^*°^®* provide that the Treasurer of the State of Colorado shall purchase the said amount of such bonds when the State Engineer shall certify to said board that the system of reservoirs, ditches or other irrigation works of said dis- trict, for' lie construction of which said bonds were voted, have been fully completed, and a sufficient water supply secured to successfully operate same. Permanent funds remaining uninvested as above pro- Loan of funds. vided, shall be loaned out by the Treasurer at the direc- tion of the State Board of Land Commissioners in sums of one thousand dollars or less to one person or company, in case it is found impracticable to keep the whole amount of funds loaned in sums of five hundred dollars or less to one person or company. In the event that such permanent funds can be kept loaned out in sums of five hundred dollars or less to one person or company, then no loan shall exceed five hundred dollars, nor shall a loan of such fund or funds be made to or in the interest of any member of the State Board of Land Commission- ers ; each loan shall be made for at least one and not Term of loan. more than five years, evidenced by promissory notes bear- ing six per . cent, interest, payable semi-annually, and compound delinquent interest shall draw the rate of seven per cent, interest. per annum, said promissory note to be secured by a deed secured by deed of trust on unincumbered real estate for at least double o' trust. the sum borrowed, situated in the county in which the loan is made, and appraised as hereinafter provided. Sec. 38. All applications to borrow from the per- Form of manent school fund or other permanent funds shall be applications for made through the board of county commissioners to the^^^^^' register of the State Board of Land Commissioners upon a blank form provided for that purpose, who shall cause the proper appraisement to be made by the board of county commissioners as hereinafter provided, and, if satisfactory, he shall examine any abstract of title which the proposed borrower may submit, or he may cause an abstract to be prepared at such borrower's expense. If the title is found to be perfect and the lands unincum- bered, he shall certify this fact to the State Board of Land Commissioners and submit the application and all the papers connected therewith to the board at its regu- 336 STATE BOARD LAND COMMISSIONERS. [Ch. 134. Protecting the loan by purchasing prior Hens. Each loan to be reported to the county commissioners. Depreciation of security. lar meeting, at which meeting the loan shall be approved or disapproved. If the application is accepted, the reg- ister of the State Board of Land Commissioners shall complete the contract by taking a promissory note, pay- able to the State Board of Land Commissioners, secured by a deed of trust, upon such unincumbered real estate, and shall certify same to the State Treasurer, who shall pay over to the borrower the amount named in the note. The board may reject the application for any good cause. If it shall happen that the loan is made upon real estate which is in fact incumbered other than for taxes, the Board of Land Commissioners may, when necessary for the safety of the loan, appropriate out of the fund from which the loan is made, if such incumbrance does not exceed one-half of the real value of the lands, so much as may be needed to take up and purchase the same, and may also, at any meeting, by resolution, assign, without recourse, upon payment of the amount due upon any note and deed of trust, to any person holding a subsequent lien upon the real estate held as security by said board. Sec. 39. Each loan made in the several counties, when fully completed, shall be reported by the register of the State Board of Land Commissioners to the board of county commissioners of the county in which the real estate and land offered as security are situated, and in which the loan is made, and a minute of such report shall be entered upon the records of such board and from time to time, at least once a year, all loans, with the security given, shall be carefully examined, and a report made to the State Board of Land Commissioners, which examination shall be conducted by a member of the board of county commissioners, or some competent person se- lected by it. When a report shows that the security in a given case has, for any cause, depreciated so that it is no longer sufficient, or it appears that there was a prior incumbrance thereon which materially affects the value of the security, the State Board of Land Commissioners shall order the debtor to furnish additional security, and shall fix a reasonable time within which the same shall be given, and if the party so ordered fails to comply therewith for thirty days after the date of such order, and the mailing of a copy of same to his last known postoffice address, the entire debt shall become due, and an action may be brought to enforce the collection thereof, and these provisions shall enter into and form a part of Ch. 134.] STATE BOARD LAND COMMISSIONERS. 337 the contracts of loans, whether incorporated therein in words or not. Sec. 40. When application is made for a loan as Applications herein provided, the register of the State Board of Land ^^^ ^^ans Commissioners shall refer said application to the board ^oun^ty^ ^^ of county* commissioners of the county in which the land commissioners. is situated which is offered as security for said loan, which board shall cause an appraisement to be made of They to the valuation of said land and the buildings thereon, and appraise shall certify to the register of the State Board of Land ^^^^^^^^^^^ Commissioners the valuation of same, together with a^^^^^ °^^* recommendation as to the sufficiency of the security, the character of the applicant, and the advisability of mak- ing said loan. Sec. 41. When a loan has been made and the bor- Renewals of rower desires to renew the same for one or more years, ^^^^^^ it may be done in the same manner as the loan was made in the first instance, but no new abstract, except a con- tinuation of the same down to the time, nor examination of title prior to the original loan, nor new deed of trust need be given, unless the deed of trust is to be given upon other lands. The time of payment, without further se- curity, may be extended in writing to be recorded as the original security was recorded, and before maturity of the claim when the State Board of Land Commissioners shall so order, but such extension of time shall not oper- ate to release any security held, and lapse of time shall in no case be a bar to any action to recover any part of the school or other permanent fund so loaned, nor shall it prevent the introduction of evidence in such action, any provision of the law to the contrary notwithstanding. Sec. 42. All payments of either principal or interest ^anT^^^^ ^^ upon loans, or of any other character, shall be made to the register of the State Board of Land Commissioners, and when the debt is fully paid the register of said board shall release any deed of trust, or issue certificate of purchase or patent, as the case may be, and report the same to the State Board of Land Commissioners at its next meeting, which report shall be carried into the rec- ords of the board. The register of the State Board of Land Commissioners shall also keep in his office, in books to be provided for that purpose, accounts to be known as "permanent fund accounts," in which a memorandum Permanent of all notes, mortgages, deeds of trust, bonds, money and '""^ accounts. 338 STATE BOARD LAND COMMISSIONBES. [Oh. 134. assets of every kind and description which may come into his hands as such register shall be entered and separated accounts of principal and interest must be kept. Loans to be Scc. 43. The State Treasurer and the State Super- apportioned intendent of Public Instruction shall, on the first day of ^^^^y^^^*'®^^^ January of each year, apportion upon the basis of the school population of each county, as ascertained by the last preceding census, the amount of money from each of the various permanent funds to be loaned in compli- ance with this act in each county in the State, and shall certify the same to the register of the State Board of Land Commissioners, who shall certify the same to the county commissioners of each county, and it shall be the duty of said county commissioners, upon application from any citizen or citizens of said county, to inform him or them of the amount to be so loaned, and the terms thereof. County record Sec. 44. The cOuuty commissioners of each and of loan fund. evcry couuty in the State of Colorado shall keep a set of account books, showing the amount of money set aside to be loaned in their respective counties from the per- manent funds under the control of the State Treasurer, the amount loaned and interest due thereon, and shall keep a record of all reports made upon such loans or applications for loans passing through the hands of the board of county commissioners. Transfer of Scc. 45. When there are funds in the hands of the unioaned fund State Treasurer belonging to any of the permanent funds counties. which have been set apart for any county, amounting to one thousand dollars, that can not be loaned, the county treasurer shall certify this fact to the register of the State Board of Land Commissioners, who shall order a transfer thereof to some other county or counties where, in his opinion, it can be loaned, and the State Treasurer shall make such transfer. Upon such transfer being made, the State Treasurer, and also the register, shall deduct such amount from the amount apportioned to such county, and shall add the same to the amount apportioned to the county or counties to which the transfer is made with the amount so transferred. Sec. 46. The county in which any loan is made from r T o^iTsibi fo ^^^ permanent fund, either for school, agricultural col- blT^ioans^ °^ 1^S^> ^^ ^^y other permanent fund, under the control of the State Treasurer, which shall be derived from the Ch. 134.] STATE BOARD LAND COMMISSIONERS. 339 sale of lands appropriated by the Congress of the United States as a permanent grant, shall be responsible for any k>ss which may be incurred by any such loan from such fund, and in case a loss does occur because of such loan the county commissioners of the county in which such loan was made, and in which the land was situated which was given as security for said loan, shall make a tax Tax levy in levy at the next succeeding general tax levy to reimburse ^^^^ ^*s®- the State Treasurer for such loss, which tax levy shall be added to the general tax levy for State and county purposes, and shall be collected proportionately from all of the taxable property situated within said county. Sec. 47. When outstanding notes for money of any Procedure on permanent fund loaned or interest thereon becomes due, loans overdue the register of the State Board of Land Commissioners and unpaid. shall, by mail, at once notify the debtor to make payment thereof within thirty days. If such debtors shall neglect to comply with such notice, the register of the State Board of Land Commissioners shall report the same to the Attorney General and to the attorney for the State Board of Land Commissioners, who shall immediately bring action to recover the same, and an injunction may issue for cause, without bond, when so prayed. Upon the sale of lands under an execution found upon a permanent fund claim or right, the register of the State Board of Land Commissioners shall bid at such sale as the inter- ests of such fund requires, and if struck off to the State it shall be thereafter treated in all respects the same as other lands belonging to said fund, and shall be regarded as property of the State as if the same had never been sold. Sec. 48. Any county officer failing or neglecting to Penalty for perform any of the duties which are required of him by neglect of duty the provisions of this act shall be liable to a penalty of offlcer"'^^^ not less than five dollars, and not more than five hundred dollars, to be recovered by an action of debt in the Dis- trict Court in and for the City and County of Denver by the State Board of Land Commissioners, the judgement . [judgment] to be entered against the party and his bonds- men, and the proceeds to go to the permanent public school fund. Sec. 49. When lands have been sold and have been saie of again recovered by the State Board of Land Commis-i^nds sioners in behalf of the fund to which they properly be- ^^"^^^ ^^' 340 STATE BOARD LAND COMMISSIONERS. [Ch. 134. Sales for cash. Collateral security. Interest due— when. Default in interest makes principal due. Mineral department. Superintendent of same. Duties of superintendent. long, upon a judgement [judgment] in favor of such fund, the land may be sold in like manner as other State lands. Sec. 50. When, in the judgement [judgment] of the State Board of Land Commissioners, any of the State lands are of such character that a sale upon partial credit would be unsafe and incompatible with the interests of such permanent fund, the State Board of Land Commis- sioners may exact the whole of the purchase money in advance, or, if it sells such land upon partial credit, it shall require good collateral security for the payment of the part upon which credit is given. Sec. 51. In all cases where money is due to any of the permanent funds, either for lands or purchase price of lands sold, or for interest upon either of same, the interest shall be made payable on the first day of Jan- uary and the first day of July of each year, and if the debtor fails to pay the same within thirty days thereafter, the entire amount of both principal and interest shall become due, and the register of the State Board of Land Commissioners shall at once make a report of same to the Attorney General and to the attorney for the State Board of Land Commissioners, wlio shall immediately commence action for the collection of the amount re- ported to them as due, and this section and each pro- vision thereof is hereby declared to be a part of every contract made by virtue of this chapter, whether ex- pressed therein or not. Sec. 52. The State Board of Land Commissioners are hereby authorized and directed to establish, under the jurisdiction of the register of the State Board of Land Commissioners, a mineral department, and appoint a superintendent of the same at a salary of two thousand dollars (|2,000) annually, who shall have been a resident of the State of Colorado for more than five years last past, and shall have had experience as a mining engineer for at least five years, and shall be familiar with mining and the underground workings of mines. It shall be the duty of the superintendent to inspect in person all mines and other works operated under lease from the State of Colorado, for the production of precious metals, coal, iron, oil or other mineral products upon which rentals are due to the State upon the basis of a royalty upon the production therefrom, as often from time to time as he shall deem necessary for the purpose of estimating and Ch. 134.] STATE BOARD LAND COMMISSIONERS. 341 checking royalties therefrom; he shall also make sur- veys and keep such maps of the workings of all mines as will give the land department full information concern- ing the same; and shall supervise all mining and require the same to be done in accordance with the best methods of mining; he shall also check the royalties reported as due under such lease for the preceding month and com- pare the same with the surveys and other inspections made by him; and shall report on or before the 20th day Monthly of each month the result of such examinations and report, checking to the State Board of Land Commissioners; every mine and other works upon the public domain of the State of Colorado, held under lease therefrom by any person, association, co-partnership or corporation, shall be at all times subject to the inspection of the super- intendent. He shall inspect and examine all lands held under lease from the State of Colarodo, providing for the payment of royalties from the production thereform, and report to the State Board of Land Commissioners the condition of said lands, the amount of work and develop- ment done thereon by such lessee, and make such recom- mendations relative thereto as he may deem advisable. A further sum, not in excess of six hundred dollars superinten- (}600) annually, shall be allowed the superintendent for dent's expenses. Before entering upon his duties as superintend- expenses, ent, the appointee of the State Board of Land Commis- sioners shall give bond to the State of Colorado, in the Bond, penal sum of ten thousand dollars (|10,000), conditioned upon the faithful discharge of his duties. Sec. 53. Any person, association, co-partnership or coai corporation leasing and operating coal lands under the royalties. provisions of this act shall pay to the deputy register of the State Board of Land Commissioners a minimum price of not less than ten cents (10) for each and every ton of coal mined from said land, to be paid monthly, on or before the 25th day of each month for the coal mined during the preceding calendar month. Should the Minimum person, association, co-partnership or corporation so tonnage, leasing coal land fail to mine during any one year the minimum amount that may be provided for in the terms of the lease, then the amount so paid shall be applied and deemed as an advance payment of royalty upon coal actually mined in any subsequent year in excess of the minimum provided for in said lease. The term ton, as Ton of coai— herein used, means twenty-seven (27) cubic feet of coal, how calculated. 342 STATE BOARD LAND COMMISSIONERS. [Ch. 134. Mining location on State lands. State patent to mining: locations. Coal, oil. and stone excepted. Allowance to lessees when their land is sold. measured in the solid, and shall be ascertained by the measurements of the space from which the coal is mined, deducting therefrom all space occupied by slate or other impurities. Such measurements shall be made monthly by the superintendent of the mineral department, accord- ing to the provisions of this act. Sec. 54. Ix)cations of mineral claims not exceeding three hundred feet wide and fifteen hundred feet long each, may be made upon unleased lands belonging to the State of Colorado, as hereinafter provided. The discoverer of a body of mineral, in either a lead, lode, ledge, deposit, vein or contact, shall immediately post conspicuously a notice declaring that he has made such discovery on the date attached to said notice. The locator shall be al- lowed ninety days from such date in which to perform assessment work by shaft or tunnel, which assessment work shall not be at a less cost than one hundred dollars in each year, and to survey and set the corner posts of said claim, and to file a certificate of location with the register of the State Board of Land Commissioners, which certificate shall be recorded in said oflSce, and an entry made upon the plat and tract books of such location; such procedure shall empower the locator to retain pos- session of and operate said claim for a period of one year, at the end of which time he shall be required to purchase said claim or take a lease upon such terms as may he agreed upon by the State Board of Land Commissioners. Should the locator elect to purchase said claim, it shall not be sold at less than ten dollars (flO) per acre. Sec. 55. Before any locator will be allowed to pur- chase the claim located by him, satisfactory proof must be submitted to the State Board of Land Commissioners that said section is more valuable for mineral purposes than for any other purpose, and that the mining claim for which patent is applied, contains a body of mineral in place of suflScient value to justify the operation of same as a merchantable product; Provided, That filing shall not be accepted upon coal, oil or stone land. Sec. 56. When an application to purchase State or school land, which has been under lease for not less than five years, shall be filed in the office of the State Board of Land Commissioners, the register shall refer the same to an appraiser, who shall visit the land proposed to be purchased, and who shall report in writing to the State i Ch. 134.] STATE BOABD LAND COMMISSIONBES. 343 Board of Land Commissioners, giving the value of said land at the time it was first leased, and an estimate of the present value of said land by reason of the lessee's cultivation and improvement of same, and fifty per cent, of the difference between the valuation at the time of issu- ing lease and the valuation at the time of filing the appli- cation for purchase, shall be allowed as an improvement to be paid for if land is purchased by any person other than the lessee, and the said lessee to receive the sum so paid by reason of the cultivation or improvement of said land as payment for his labor. Sec. 57. The State Board of Land Commissioners is Exchange of hereby authorized and empowered to exchange any lands, state lands the income from which is devoted to the public schools of *^ '°^®^^ the State of Colorado, the State University, the State Ag- ^®^®'^^«- ricultural College, Penitentiary, internal improvements, saline or any other lands which may be under the control of said State Board of Land Commissioners, and which may have been granted to said State of Colorado by the Congress of the United States, and which lands are sit- uated within the exterior boundary line of any federal forest reserve which may have been heretofore, or shall be hereafter established, for siich unappropriated federal lands in the State of Colorado as the State Board of Land Commissioners may select; and the register of said land board is hereby empowered to sign all papers necessary to such transfer, under the direction of said board. Sec. 58. All acts ai^d parts of acts in conflict with Repeal, the provisions of this act are hereby repealed. Approved April 12, 1905. 344 STATE BOARD OF [Oh. 135. CHAPTER 135. STATE BOAED OF MEDICAL EXAMINEES. (H. B. No. 148, by Mr. Dixon.) AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO PROTECT THE PUbLiC health and regulate the PRACTICE OF MED- ICINE IN THE STATE OF COLORADO," APPROVED MARCH 14, 1881, AND TO AMEND AN ACT ENTITLED "AN ACT TO AMEND AN ACT ENTITLED *AN ACT TO PROTECT THE PUBLIC HEALTH AND REGULATE THE PRACTICE OF MED- ICINE IN THE STATE OF COLORADO,'" APPROVED APRIL 7, 1885. Be it Enacted hy the Oeneral Assembly of the State of Colorado: Amended. Section 1. That section one (1) of an act entitled "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows : state medical Section 1. A board is hereby established to be known board, how by the name and style of the State Board of Medical Ex- quaiiflcauL^ amiucrs. Said board shall be composed of nine practicing of members. physicians of integrity and ability, who shall be residents of, and have been duly licensed to practice medicine in this State, and who shall have been graduated from med- ical schools of high educational requirements and stand- ing, and have been engaged in the active practice of their profession within this State for a period of at least five Scope of duties years. Said board shall perform such duties, and pos- of board. gess and exercise such powers, relative to the protection of the public health and the control and regulation of the practice of medicine in this State as shall be in this act prescribed and conferred upon it. Amended. Sec. 2. That sectiou two (2) of an act entitled "An act to protect the public health and regulate the practice Ch. 135.] MEDICAL EXAMINERS. 345 1 of medicine in the State of Colorado," approved March 14, 1881, he and the same is hereby amended so as to read as follows : Sec. 2. The Governor shall appoint nine physicians, Governor who shall possess the qualifications specified in section 1 appoint of this act, to constitute the members of said board. Said ^^^.^^^ ^' members shall be so classified by the Governor that the term of office of three shall expire in two, three in four and three in six years from the date of appointment. Bi-Term^ of office ennially thereafter the Governor shall appoint three mem- ot members, bers, who shall possess the qualifications as specified in section 1 of this act, each to serve for the term of six years, and he shall fill vacancies in the membership of said board as soon as practicable. Sec. 3. That section three (3) of an act entitled "An Amended, act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows : Sec. 3. Said board shall biennially elect a president, officers of a vice-president and a secretary -treasurer from their mem- board, bership, and adopt a seal which shall be affixed to allseai. licenses issued by them. They shall, from time to time, adopt such rules and regulations as they may deem neces- sary for the performance of their duties, and a schedule of Rules, minimum educational requirements, which shall be ^ith- ^®^****^^^ *^^ out prejudice, partiality or discrimination as to schools or^^^" remen s. systems of practice of medicine. When an applicant for License without a license offers to the board satisfactory proof that he iias®^^^™*^^**°^~" T , .., 1 J ^. 1 . i • when issued. complied with such educational requirements as are speci- fied in said schedule, the board shall accept such proof as sufficient evidence of the educational qualifications of the applicant to entitle him to a license without examination ; Provided, however, That at no time shall said schedule for graduates after January 1, 1900, specify the attendance upon less than four full courses of instruction in four sep- arate years in a reputable medical school. They shall ^^^^^^j^^®^^^ keep on file with the Secretary of State for public inspec- requirements, tion a copy of their schedule of educational requirements and rules and regulations. Sec. 4. That section four (4) of an act entitled "An^^^^nded. act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 346 STATH BOABD OP [Ch. 135. Application to practice made to board. Unlawful to 1881, as amended by section one (1) of an act to amend an act entitled "An act to protect the public health and regulate the practice of medicine in the State of Colorado, approved March 14, 1881," approved April 7, 1885, be and the same is hereby amended so as to read as follows : Sec. 4. Any person wishing to obtain the right to practice medicine in this State, who has not heretofore been licensed so to do, shall before it shall be lawful for him to practice medicine in this State, make application to said State Board of Medical Examiners, through the secretary-treasurer thereof, upon such form and in such manner, as shall be adopted and prescribed by the board, and obtain from the board a license so to do. Unless practice without g^ch persou Shall havc obtained a license as aforesaid it license. ^yxsl^} be unlawful for him to practice medicine in this State; and if he shall practice medicine in this State without first having obtained such a license he shall be deemed to have violated the provisions of this act. All applicants for a license to practice medicine, or for a re- newal of any such license which has been revoked, shall furnish the board with satisfactory evidence of good moral character. Sec. 5. That section five (5) of an act entitled "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows : Sec. 5. Said board shall, have authority to adminis- ter oaths, to summon witnesses and to take testimony in all matters relating to their duties. Said board shall issue licenses to practice medicine to all persons who shall furnish satisfactory evidence of attainments and qualifications under the provisions of this act and the rules and regulations of the board. Such licenses shall be signed by the president and attested by the secretary- treasurer of the board under its adopted seal, and they shall be absolute authority to the persons to whom they are issued to practice medicine in this State. It shall be the duty of the secretary-treasurer under the direction of the board, personally or by deputy, to aid the several dis- trict attorneys of the State in the enforcement of this act and in the prosecution of all persons charged with violat- ing any of its provisions. Good moral character of applicant. Amended. Powers of board in fulflUingr their duties. Issue license- when. License sigrned and sealed. License authority to practice. Board aid in enforcing act. Ch. 135.] MEDICAL EXAMINEES. 347 Sec. 6. That section six (6) of an act entitled "An Amended, act to protect the public health and regulate the practice of medicine in [the State of] Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows: Sec. 6. There shall be paid to the secretary-treasurer Fee paid by of the State Board of Medical Examiners by each appli-*PP"cant. cant for a license a fee of twenty -five dollars (f25.00), which shall accompany the application. Two-fifths of the fee shall be returned to the applicant in case the board shall refuse to grant him a license. Sec. 7. That section seven (7) of an act entitled Amended. "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows: Sec. 7. Examinations of applicants for license to Examinations, practice medicine shall be made by said State Board of Medical Examiners, according to the method deemed by it to be the most practicable and expeditious to test the applicant's qualifications. Such applicant will be desig- Applicant nated by a number instead of his name, so that his iden- designated by tity will not be disclosed to the members of the board, '^^™^«^- until after the examination papers are graded. The sub- subjects on jects of written; oral or clinical examinations shall be as which examined, follows: Anatomy, physiology, chemistry, symptomatol- ogy, toxicology, pathology, surgery and obstetrics, (ex- clusive of materia medica and therapeutics) . The creden- credentials of tials of applicants relating to their general reputation, applicant given their preliminary education and the courses of study they consideration, have pursued; the degrees they have received; the num- ber of years they have been engaged in the lawful prac- tice of medicine; their experience in general hospitals, medical departments of the army, navy and public health and marine hospital service ; licenses granted to them by other states and countries ; and their experience as teach- ers of medicine, shall be given due consideration by the board in conducting its examinations. Upon in vestiga- when license tion of an applicant's credentials the board shall, when granted, convinced that an applicant is qualified to practice medi- cine, grant him a license thereon without further examina- tion. Each applicant shall name his system of practice system of and no person shall use the name of any system unless he practice. 348 STATE BOABD OP [Ch. 135. Amended. License must be recorded. Failure to record. Amended. County recorder keep records of licenses. Amended. Board may refuse to grant or may revoke license. Grounds for refusal or revocation. holds a certificate from the state association of such system. Sec. 8. That section eight (8) of an act entitled "An act to protect the public health and regulate the prac- tice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows: Section 8. Every person who shall receive a license from the State Board of Medical Examiners shall have it recorded in the oflSce of the recorder of deeds. of the county in which he resides, and shall likewise have it recorded in the counties to which he shall subsequently remove for the purpose of practicing medicine. The failure on the part of the holder of a license to have it recorded, before he shall begin the practice of medicine Id this State, shall render it null and void. Sec. 9. That section nine (9) of an act entitled "An act to protect the public health and regulate the prac- tice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows: Sec. 9. The recorder of deeds of each county in this State shall keep for public inspection, in a book provided for that purpose, a complete list and descrip- tion of the licenses recorded by him. When any such license shall be presented to him for record he shall stamp or write upon the face thereof his signed memo- randum of the date when such license was presented for record. Sec. 10. That section ten (10) of an act entitled "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows : Sec. 10. The State Board of Medical Examiners may refuse to grant, or may revoke, a license to practice medicine in this State, or may cause a licentiate's name to be removed from the record in the office of any re- corder of deeds in the State upon any of the following grounds, to wit: The employment of fraud or decep- tion in applying for a license, or in passing the exam- ination provided for in this act; the practice of medicine under a false or assumed name, or the personation of L Ch. 135.] MEDICAL EXAMINERS. 349 another practitioner of a like or different name; the conviction of a crime involving moral turpitude; habit- ual intemperance in the use of ardent spirits, narcotics or stimulants to such an extent as to incapacitate for performance of professional duties; the procuring or aiding or abetting in procuring a criminal abortion; the obtaining of a fee on the representation that a mani- festly incurable disease can be permanently cured; caus- ing the publication and circulation of an advertisement of any medicine or means whereby the monthly periods of women can be regulated, or the menses, if suppressed, can be re-established; causing the publication and cir- culation of an advertisement relative to any disease of the sexual organs. Any person, who is a licentiate, or copy of who is an applicant for a license to practice medicine, complaint against whom any of the foregoing grounds for revok- burnished to « «•! ji* • iij .^ pa>I*Ly Cil8.]rK6Q. mg, or refusing to grant, a license is presented to said board with a view of having the board revoke, or re- fuse to grant, a license, shall be furnished with a copy of the complaint, and shall have a hearing before said Hearing. board in person or by attorney, and witnesses may be examined by said board respecting the guilt or inno- cence of said accused. Said board may at any time if license within two years from the refusal or revocation of aj'®^^*^®^' ^®^ license or cancellation of registration under this sec- iggug^-when.^ tion, by a majority vote, issue a new license, or grjnt a license, to the person affected, restoring, or conferring, all the rights and privileges of, and pertaining to, the practice of medicine as defined and regulated by this act. Any person to whom such rights and privileges Fee for new have been so restored shall pay to the secretary -treas- license, urer a fee of ten dollars (f 10.00) upon the issuance of a new license. Sec. 11. That section eleven (11) of an act entitled Amended. "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows: Sec. 11. The terms, "practice of medicine," "to construction practice medicine," ^^practicing medicine" and "practice of terms. medicine," as used in this act are hereby defined to mean holding oneself out to the public as being engaged within this State in the diagnosis and treatment of dis- eases or injuries of human beings; or the suggestion. 350 STATE BOARD OF [Ch. 135. Assuming medical title, prescribing, etc., prima facie proof of practicing. When license is not needed. Amended. recommendation or prescribing of any form of treatment for the intended palliation, relief or cure of any physical or mental ailment of any person, with the intention of receiving therefor, either directly or indirectly, any fee, gift or compensation whatsoever; or the maintenance of any office for the reception, examination and the treat- ment of any person suffering from disease or injury of body or mind; or attaching the title of M. D., surgeon, doctor, or any other word or abbreviation to bis name, indica- tive that such person is engaged in the treatment or diagnosis of the diseases or injuries of human beings. If any person shall hold himself out to the public as being engaged within this State in the diagnosis and treatment of diseases or injuries of human beings; or shall suggest, recommend or prescribe any form of treatment for the palliation, relief or cure of any phys- ical or mental ailment of any person with the intention of receiving therefor, either directly or indirectly, any fee, gift or compensation whatsoever; or shall maintain an office for the reception, examination and treatment of diseased or injured human beings; or shall attach the title of M. D., surgeon, doctor, or any other word or abbreviation to his name indicative that he is engaged in this State in the treatment of diseased or injured human beings; and shall not in any of these cases, there- tofore have received, or shall not in any of these cases, then possess, in full force and virtue, a valid license to practice medicine under the laws of this State, he shall be deemed to be practicing medicine without complying with the provisions of this act and in violation hereof. Nothing in this act shall be construed to prohibit gra- tuitous service in case of emergency, nor the practice of the religious tenets or general beliefs of any church whatsoever, not prescribing medicine or administering drugs, nor shall it apply to commissioned surgeons of the United States army, navy or public health and ma- rine hospital service, while so engaged, nor to regularly licensed physicians called from other states or terri- tories to attend specific cases in this State, nor the practice of dentistry, nor the practice of osteopathy when not prescribing medicine, or administering drugs. Sec. 12. That section twelve (12) of an act entitled "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved Ch. 135.] MEDICAL EXAMINEES. 351 March 14, 1881, be and the same i» hereby amended so as to read as follows: Sec. 12. Any person practicing medicine in this violation State, without complying with the provisions of this act, of act. or any person who shall have violated the provisions of this act shall be deemed guilty of a misdemeanor, and Misdemeanor. upon conviction thereof, shall be punished by a fine of not less than fifty dollars (f 50.00), nor more than three Penalty. hundred dollars (f300.00), or by imprisonment in the county jail for not less than ten (10) days nor more than thirty (30) days, or by both. Any person presenting or attempting to file as his own, the diploma or certificate impersonation or credentials of another, or who shall give either false ggntation^^^ or forged evidence of any kind to the State Board of Medical Examiners, or any member thereof, in connec- tion with an application for a license to practice medi- cine, or who shall practice medicine under a false or assumed name, or who shall falsely personate another practitioner of a like or different name, shall be deemed guilty of a felony, and upon conviction thereof shall be Felony. punished by imprisonment in the State Penitentiary for a term of not less than one (1), nor more than ten (10) Penalty. years, at hard labor. Sec. 13. That section thirteen (13) of an act entitled Amended. "An act to protect the public health and regulate the practice of medicine in the State of Colorado," approved March 14, 1881, be and the same is hereby amended so as to read as follows: Sec. 13. All fees received by the State Board of Application of Medical Examiners and all fines collected by any officer fees and fines. of the law under this act, shall be paid to the secretary- treasurer of said board, who shall, at the end of each and every month, deposit the same with the State Treasurer, and the said State Treasurer shall place said money so received in a special fund to be known as the fund of the State Board of Medical Examiners, and shall pay the same out on warrants drawn by the Auditor of the State therefor, upon vouchers issued and signed by the presi- dent and secretary-treasurer of said board. Said moneys so received and placed in said fund may be used by the State Board of Medical Examiners in defraying their ex- Balance of penses in carrying out the provisions of this act. At the '^^^gj^^j. ^ ^^ end of every biennial period, if there shall remain in said genw-ai"^ fund any balance, said balance shall be transferred to revenue fund. 352 STATE BOABD OF NUE8E [Oh. 136. Accounts and report. Compensation of members and officers of board. Repeal. Bmergrency. the general revenue fund of the State. The secretary- treasurer of said board shall keep a true and accurate account of all funds received and all vouchers issued by the board; and on the first day of December of each year he shall file with the Governor of the State a report of all receipts and disbursements for said board for the preced- ing fiscal year. Members of said board shall receive a per diem for the time during which they shall be actually engaged in the discharge of their duties; and the secretary -treasurer shall receive a salary; said per diem and salary shall be fixed by the board, and together with all other expenses shall be paid out of the fund of the State Board of Medi- cal Examiners. Sec. 14. That section two (2) of an act entitled "An act to amend an act entitled ^An act to protect the public health and regulate the practice of medicine in the State of Colorado,' approved March 14, 1881," approved April 7, 1885, be and the same is hereby repealed. Sec. 15. In the opinion of the General Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 20, 1905. CHAPTER 136. STATE BOABD OF NTJBSE EXAMINEBS. PROFESSIONAL NURSING. (H. B. No. 32, by Mr. Keezer.) AN ACT RELATING TO PROFESSIONAL NURSING. Governor appoint Board of Nurse Examiners. lie it Enacted hy the General Assembly of the State of Colorado: Section 1. That within sixty days after the taking effect of this act, the Governor of the State shall appoint a State Board of Nurse Examiners, to be composed of five Ch. 136.] EXAMINERS. 353 members. Each of the members of said board, so ap- pointed by the Governor shall be a trained nurse of at Qualification of least twenty-three (23) years of age, of good moral char- members of acter, who is a graduate from a training school, con-^^®''"^' nected with a general hospital or sanitarium of good standing^ where a three years' training with a systematic course of instruction is given in the wards; one of the members of said board shall be designated by the Gov- ernor to hold office for one year, one for two years, one Term of office. for three years, one for four years, and one for five years, and thereafter upon the expiration of the term of office of the person so appointed, the Governor shall appoint a successor to each person to hold office for five years, each of whom shall be a registered nurse under the pro- visions of this act and shall fulfill the requirements in this section set forth. Sec. 2. That the members of said board shall, as Meetings soon as organized, annually in the month of April elect ot board, from their members a president and a secretary, who shall also be the treasurer. Three members of this board shall constitute a quorum, and special meetings of said board shall be called by the secretary upon the written request of any two members. The board is authorized Rules and to make such by-laws and rules as shall be necessary to t>y-iaws. govern its proceedings and to carry into effect the pur- pose of this act. The secretary shall be required to keep Record of a record of all the meetings of said board, including a ™®®**"8^^ ^^^ register of the names of all nurses duly registered under ^^^^^^^ ^^ this act, which shall at all reasonable times be open to ""^^^ public scrutiny, and said board shall cause the prosecu- tion of all persons violating any of the provisions of this act, and may incur necessary expenses on that behalf. That the president and secretary shall make a biennial Report, report to the Governor on the second Monday of Decem- ber immediately preceding the convening of the Legis- lature, together with a statement of the receipts and dis- bursements of said board. Sec. 3. That after April, 1906, it shall be the duty Notice of of said board to meet not less frequently than once in meetings, every three (3) months, notice of which meeting shall be given to the public press and in one nursing journal one month previous to the meeting. At said meetings it shall be the duty of the board to examine all applicants for 354 STATE BOABD OF NUBSE [Ch. 136. Examination of applicants. Foreign Applicants. Requirements of nurses now practicing. Unlawful to practice without being registered. Board may revoke certificates. registration under this act. Upon filing application for examination each applicant shall pay a registration fee of ten dollars. The examination shall be of such charac- ter as to determine the fitness of the applicant to prac- tice professional nursing as contemplated by this act. If the result of the examination of any applicant shall be satisfactory to a majority of the board, the secretary shall, upon an order of the board, issue to the appplicant a certificate to that effect; whereupon the person named in the certificate shall be declared duly qualified to prac- tice professional nursing in this State. Any person from any other state who shall show to the satisfaction of the board that he or she is a trained, graduate nurse of a hospital or sanitarium, the standard of instruction and training of which shall meet the requirements of the rules prescribed by said board, may upon payment of the usual fee therefor, receive a certificate and be registered as a nurse of this State without examination. Sec. 4. That all nurses who are engaged in nursing at the date of the passage of this act and who shall show to the satisfaction of said board that they are graduates of training schools connected with a hospital or sani- tarium giving two years' general training, or prior to the year 1901 having given eighteen months' general train- ing and who maintain in other respects proper standards; or who are in training in the wards of a general hospital or sanitarium where a two years' training with a systematic course of instruction is given at the time of the passage of this act, and shall graduate hereafter, and possess the above qualifications, shall be entitled to registration without examination, provided such application be made to this board before April, 1906. It shall be unlawful after April, 1906, for any person to practice nursing as a trained, graduate, or registered nurse without a certifi- cate from the State Board of Nurse Examiners. A nurse who has received his or her certificate according to the provisions of this act shall* be styled and known as a "Registered NurSe." No other person shall assume such title or use the abbreviation R. N., or any other letters to indicate that he or she is a trained, graduate, or reg- istered nurse. Sec. 5. That State Board of Nurse Examiners shall have the power to revoke any certificate issued in ac- cordance with this act bv unanimous vote of said board Ch. 136.] EXAMINERS. 355 for gross incompetency, dishonesty, habitual intemper- ance, or any act derogatory to the morals or standing of the profession of nnrsing, as may be determined by the board; bnt before any certificate shall be revoked the holder thereof shall be entitled to at least thirty days^ notice in writing of the charge against him or her, and of the time and place of hearing and determining of such charges, at which time and place he or she shall be en- titled to be heard. Upon the revocation of any certifi- cate, it shall be the duty of the secretary of the board to strike the name of the holder thereof from the roll of registered nurses. Sec. 6. All fees received by the State Board of Nurse Application Examiners, and all fines collected under this act, shall o^ 'e^- be paid to the treasurer of said board who shall at the end of each and every month deposit the same with the State Treasurer; and the said State Treasurer shall place said money so received in a special fund to be known as. the fund of the State Board of Nurse Examiners, and shall pay the same out on vouchers issued and signed by the president and secretary of said board upon warrants drawn by the Auditor of the State therefor. All moneys so received and. placed in said fund may be used by the State Board of Nurse Examiners in defraying its ex- penses in carrying out the provisions of this act. Sec. 7. This act shall not be construed to affect or Gratuitous apply to the gratuitous nursing of the sick by friends nursing, of members of the family or to any person nursing the sick for hire who does not in any way assume the practice as a trained, graduate, or registered nurse. Sec. 8. That any person violating the provisions of violation of this act, or who shall make any false representations to act- said board, in applying for a certificate, shall be guilty misdemeanor, of a misdemeanor, and, upon conviction, be punished by a fine of not more than three hundred dollars ($300.00) ; Provided ; That nothing in this act shall apply to nurses who have served as such in the army of the United States Army nurses, in the Civil war or the Spanish- American war. Sec. 9. In the opinion of the General Assembly an Emergency, emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 11, 1905. 356 STATE HISTORICAL SOCIETY. [Ch. 137. CHAPTER 137. STATE HISTOBICAL AND NATTTSAL HISTOBY SOCIETT. (H. B. No. 2U7, by Mr. Cannon.) AN ACT FOR THE PROCUREMENT OF ARCHAEOLOGICAL, ETHNOLOGI- CAL, ANTHROPOLOGICAL, HISTORICAL AND NATURAL HISTORY COLLECTIONS, AND FOR THE BINDING AND PRESERVATION OF DOCUMENTS AND PAPERS NOW OR LATER THE PROPERTY OF THE STATE HISTORICAL AND NATURAL HISTORY SOCIETY OF COLORADO, AND PRO- VIDING AN APPROPRIATION FOR THE SAME. State Historical Society. To secure collections. Procure data. Preserve and protect documents. Appropriation. Collections classed and catalogued. Free to public inspection. Expenditures paid on vouchers. Be it Enacted hy the General Assembly of the State of Colorado: Section 1. That to enable the State Historical arid Natural History Society of Colorado to secure archaeolog- ical collections of the handiwork of an ancient people, commonly known as the Cliff Dwellers, to secure ethno- logical collections of a like work of the Indian tribes, now living or at some former time having lived in this State and in adjacent states and territories, to make collections of natural history objects of the Rocky Moun- tain region, to procure historical data relating thereto, and to enable said society to collect, preserve and pro- tect all historical or scientific papers and documents, now the property of said society, the sum of six thousand dollars be and hereby is appropriated out of any moneys in the State Treasury and not otherwise appropriated. Sec. 2. Such collections of a scientific or historical nature shall be properly classed and catalogued, and shall be at all reasonable hours free for public inspection and examination, but under such rules and regulations as shall be prescribed or adopted by said society. Sec. 3. All expenditures arising from the sum hereby appropriated shall be paid on vouchers duly exe- Ch. 138.] SUPREME COURT. 357 cuted on the State Auditor and approved by the president and secretary of said society, and an annual report of Annual report such expenditures shall annually be made to the (jov- ernor of this State. Approved April 10, 1905. CHAPTER 138. SUPREME COURT. (S. B. No. 161, by Senator Campbell.) AN ACT IN RELATION TO THE EMPLOYES OF THE SUPREME COURT OF THE STATE OF COLORADO. Be it Enacted by the General Assembly of the State of Colorado: Section 1. The Supreme Court of the State of Colo- supreme court rado is hereby authorized to appoint one chief clerk, "™^^® two deputy clerks, two bailiffs, and one librarian of the ^^^° ^ ments. Supreme Court Library, whose salaries shall be paid by the State Treasurer monthly out of the general fund of the State of Colorado, as follows : Chief clerk, an annual Salaries. salafy of three thousand five hundred (t3,500) dollars; first deputy clerk, an annual salary of three thousand (f 3,000) dollars; second deputy clerk, an annual salary of two thousand ($2,000) dollars; two bailiffs, an annual salary of twelve hundred (f 1,200) dollars each; one libra- rian of the Supreme Court Library, an annual salary of fifteen hundred (?1,500) dollars. Sec. 2. Each Judge of said Supreme Court is au- Judges appoint thorized to appoint one skilled stenographer, whose an- stenographers, nual compensation shall be twelve hundred ($1,200) dol- lars, payable monthly out of the general fund of the State of Colorado. Sec. 3. All parts of acts in conflict herewith are Repeal, hereby repealed. 358 TRUST DEEDS. [Ch. 139. Emergency. Sec. 4. In the opinion of the General Assembly an emergency exists, therefore this act shall take effect from and after its passage. Approved April 5, 1905. CHAPTER 139. TRUST DEEDS. PUBLIC TRUSTEE. (S. B. No. 86, by Senator Anfenger.) AN ACT TO AMEND AN ACT ENTITLED, "AN ACT TO PROVIDE THAT THE PUBLIC TRUSTEE OF THE CITY AND COUNTY OF DENVER PERFORM ALL DUTIES HERETOFORE PER- FORMED BY THE PUBLIC TRUSTEE OF THE FORMER COUNTY OF ARAPAHOE UNDER THE TERMS OF DEEDS OF TRUST HERETOFORE EXECUTED TO THE PUBLIC TRUSTEE OF SAID ARAPAHOE COUNTY, WHERE THE PROPERTY COVERED BY SAID DEEDS OF TRUST IS NOW SITUATED IN THE CITY AND COUNTY OF DENVER," AP- PROVED MARCH 11, 1903. Amended. Public trustee of city and county of Denver. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That section 1 of an act entitled "An act to provide that the Public Trustee of the City and County of Denver perform all duties heretofore performed by the Public Trustee of the former County of Arapahoe under the terms of deeds of trust heretofore executed to the Public Trustee of said Arapahoe County, where the prop- erty covered by said deeds of trust is now situated in the City and County of Denver;" approved March 11, 1903, be amended to read as follows : Section 1. The Public Trustee in and for the City and County of Denver, now serving, or hereafter ap- pointed, is hereby empowered to execute all powers and Ch. 140.] TRUST DEEDS. 359 perform all duties heretofore executed or performed by powers of. the Public Trustee of the former County of Arapahoe, State of Colorado, in relation to all deeds of trust hereto- fore executed to the Public Trustee of said Arapahoe County. Section 2. Whereas, in the opinion of the General Emergency. Assembly an emergency exists; therefore, this act shall take effect and be in force from and after its passage. Approved April 11, 1905. CHAPTER 140. TRUST DEEDS. RELEASE OF. (S. B. No. 8, by Senator Anfenger.) AN ACT CONCERNING THE RELEASE OF DEEDS OF TRUST. Be it Enckcted "by the General Assembly of the State of Colorado: Section 1. Deeds of trust covering premises situate when sheriff in the State of Colorado, wherein .the county sheriff of <>' former the former County of Arapahoe was named as the suc-^®"^*^®' . J 11 jiij^i'-i^j^-i Arapahoe cessor in trust, may, upon the payment of the indebted- named as ness thereby secured and the happening of any event successor, therein specified, authorizing the successor in trust in said deeds to act, be released and the liens thereof dis- charged in the following manner : The sheriff of the City and County of Denver, now Sheriff of city or hereafter acting, is hereby empowered to execute re- f;"^ °°^^*y ®' leases of all such deeds of trust. f^^l^ ""^^ Sec. 2. Deeds of trust covering premises situate in the State of Colorado, wherein the county treasurer of when treasurer the former County of Arapahoe was named as the sue- was named as cessor in trust, may, upon the payment of the indebted- ^^°°®®®®^* ness thereby secured and the happening of any event 360 WATER USERS^ ASSOCIATIONS. [Gh. 141. therein specified, authorizing the successor in trust in said deeds to act, be released and the liens thereof dis- charged in the following manner : Treasurer of The treasurer of the City and County of Denver, now oi%eiivernia*^ ^^ hereafter acting, is hereby empowered to execute re- nver may j^^^^g ^^ ^|j ^^^j^ deeds Of trUSt. Sec. 3. Deeds of release executed under the provis- ions of this act, and the recitals therein contained, shall have the same force and effect as though the persons executing such deeds of release had been originally ap- pointed and named as the successors in trust in said deeds of trust, respectively. Sec. 4. It is the opinion of the General 'Assembly that an emergency exists; therefore this act shall take effect and be in force from and after its passage. Approved March 25, 1905. release. Force and effect of such releases. Emergency. CHAPTER 141. WATER USEES' ASSOCIATIONS. FEES AND TAXATION. (S. B. No. 331, by Senator Taylor.) AN ACT CONCERNING WATER USERS' ASSOCIATIONS ORGANIZED UNDER THE RECLAMATION ACT OF'^CONGRESS OF JUNE 17TH, 1902. Exempt from income and annual tax. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That any water users' association which is organized in conformity with the requirements of the United States, under the reclamation act of June IT, 1902, and which, under its articles of incorporation, ifi authorized to furnish water only to its stockholders, shall be exempt from the payment of any income tax and from the payment of any annual franchise tax, but shall be \ Ch. 142.] WATER WORKS. 361 required to pay, as preliminary to its incorporation, only a fee of twenty dollars (120.00) for the filing and record- incorporating ing of its articles of incorporation and the issuance of '®®^- certificate of incorporation. Sec. 2. That any water users' association organ- May furnish ized in conformity with the requirements of the United recorder with States, under the reclamation act of June 17, 1902, may, recording stock with the consent of the county commissioners, furnish subscriptions, the clerk and recorder of any county in Colorado, a book, or books, containing printed copies of its articles of incorporation and forms of subscription for stock, and the county clerk and recorder to whom such book or books shall be furnished, shall use the same for record- ing the stock subscriptions in such association, and the charges for the recording thereof shall be made on the Recorder's fees. basis of the number of words actually written therein. Sec. 3. All acts or parts of acts inconsistent here- Repeal, with are hereby repealed. Approved April 10, 1905. CHAPTER 142. WATEK WORKS. (H. B. No. 199, by Mr. Metz.) AN ACT TO PROVIDE FOR THE CREATION OF PUBLIC WATER WORKS DISTRICTS IN CITIES OF TEN THOUSAND POPULATION OR OVER; FOR THE CONSTRUCTION, PURCHASE OR CON- DEMNATION OF WATER WORKS THEREFOR; FOR THE IS- SUING OF BONDS OF SUCH DISTRICT FOR SUCH PUR- POSE; AND FOR THE MANAGEMENT OF THE SAME. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That whenever in cities having a population of ten thousand or over, there shall be pre- cities of io,ooo. sented to the city council thereof a petition signed by petition of loo not less than one hundred qualified electors, as shown electors. 362 WATEB WORKS. [Oh. 142. Property owners. Water works district. City council to define boundaries. Name and number. To specify whether, by construction, puchase or condemnation. City engineer make estimate. Estimate of value of old water works. Special election. The questions to be voted on. Bonds. Notice of election. by the poll lists of the last city election, who are also property owners in such part of said city as is sought to be made a public water works district as herein pro- vided, praying for the creation of such water works dis- trict, the said city council shall forthwith by resolution set off, establish and define the territorial boundaries of a public water works district within said city, which shall include all such contiguous parts of said city as are not then supplied with public water works; which said district shall be by said city council designated a public water works district by suitable name or num- ber. Said petition shall specify one or more methods by which it is proposed to provide said district with water works, whether by construction, purchase or condem- nation. Sec. 2. Upon the defining of the boundaries of such district, as aforesaid, if requested so to do in said pe- tition, the city engineer of said city shall forthwith pre- sent to said city council an estimate of the cost of con- structing a system of public water works for said dis- trict suflScient for the needs therefor; and in case there are existing water works which may be condemned or purchased under the provisions hereof, if requested so to do in said petition, he shall present an estimate of the value of such existing water works, which estimates shall be stated in said notice. Sec. 3. The city council, upon the filing of said petition, if no estimates by the city engineer are re- quested, or as soon as said estimates are received, if re- quested in said petition, shall call a special election within said proposed district for the purpose of enabling the persons having the qualifications hereinafter pre- scribed, to vote: (1) Upon the question of creating such public water works district. (2) Upon the method of providing said district with public water works. (3) Upon the creating of a bonded indebtedness of said district therefor. Sec. 4. Notice of such election shall be given by said city council by publication at least fifteen (15) days prior to said election in some daily newspaper, or if Ch.l42.] WATEE WOEKS. 363 there be no daily newspaper published in said city, then Newspaper at least three times in some weekly newspaper at that publication, time published in the county, and by at least one notice posted in each election precinct in said district, which Date of said notices shall designate the day and hour of such election, election, giving not less than four hours of daylight Pour hours therefor. Said election shall be held at suitable places, to vote, to be provided by said city council, in the respective Poiiin* precincts, or parts of precincts in said district, as es- places. tablished and existing at the last election held in said city prior to such call. Said notice shall describe the boundaries of such what notice - proposed district, and state the questions to be voted to contain, upon, as hereinbefore provided, including the estimated cost of providing such water works by each of the meth- ods proposed if such estimates are requested in said petition; Provided, That no proposal to purchase a Proposition system of water works shall be so submitted to vote -ex- ^f sale of cept upon a proposition by the owner or owners thereof, ^^^ works, with price and terms of sale, which shall be stated in said notice. Sec. 5. "the said city council shall appoint three Judges and judges of election for each of said precincts in said dis- ^^^^^ ^^^ trjet, who shall appoint a clerk of election in each pre- ®^^ ^^^^ ^^^' cinct, and be sworn as in other elections under the laws of this State. Said election shall be conducted in all respects in Election- accordance with the laws of this State governing city how elections, so far as the same are applicable, and not in conducted. conflict with the provisions hereof. No person shall be entitled to vote at such election Electors to be unless he shall be a duly qualified elector of said pro- taxpayers, posed district, and shall have paid a tax upon realty therein within one year prior to the date of such elec- tion. Each voter so qualified to vote shall be entitled Ballots. to vote on each of the questions submitted as aforesaid; and there shall be provided by such city council proper ballots to enable each voter at said election to vote either for or against each proposition so submitted to vote. At the hour designated therefor in the call for count of such election, the ballot boxes in the several precincts ballots, shall be closed, the ballots counted, and the returns canvass-how thereof made to the city clerk; said returns shall be conducted. 364 WATER WORKS. [Ch. 142. Certificate of the canvass. Majority requisite. Amount of bonds. The bonded debt special. Mayor appoint first board of water works. Council to confirm. Successors elective. Compensation. canvassed by the city clerk, the city auditor, and the city treasurer of said city, as soon as all of said returns have been so made; and the results shall be forthwith certified to the said city council. Sec. 6. If a majority of the votes cast at said elec- tion shall be for the formation of a public water works district, then ^aid public water works district shall be deemed to be legally established, upon the certifying to the city council of said canvass, as aforesaid. A ma- jority of all the votes cast at such election shall be necessary to authorize the acquisition of water works by said district by any of the methods herein provided for; and if more than one method of providing such water works be submitted to vote, that method for which the greatest number of votes is cast shall be deemed adopted and authorized. If a majority of the votes cast at said election shall be for the bonds, then the creation of a bonded indebtedness for said district for the purpose of making said improvement shall be con- sidered as duly authorized in the amount designated by said notice and call; Provided, That if such water works are acquired by condemnation proceedings, the bond issue so authorized shall be held to include such amount as may be necessary to provide funds for acquir- ing such water works by condemnation proceedings, whether the sum exceeds the estimate stated in said call or not. Such bonded indebtedness shall not be considered a part of the general indebtedness of said city. Sec. 7. Upon the establishment of any public water works district as hereinbefore provided, the mayor of said city shall appoint three competent persons, who are qualified electors of said district and freeholders therein, who shall, upon confirmation by the vote of three-fourths of the members of said city council, constitute a board of water works for said district. Said officers shall act as members of said board until the next regular city elec- tion. At said next regular city election, and at every regular city election thereafter, there shall be elected in said district three members of said water works board, who shall be qualified electors of said district and free- holders therein. The members of said board shall re- ceive such compensation for their services as said city council may by ordinance provide, to be paid out of the Ch. 142.] WATEE WOEKS. 365 revenues from said water works. The members of said board before entering upon the duties of their said office, oath of office, shall each take the oath of office required of other city officers, and give to the said city a bond, with sufficient Official bond surety, in the penal sum of ten thousand dollars, to be^^*^^- approved by said city council, for the faithful perform- ance of their said duties. Said officers so elected shall ^^*^ ^^ take office at the time fixed by law for taking office by° ^®' other city officers elected at such election. In case of a vacancy in said office by death, resignation or removal, '^^^^'^^*®^- the same shall be filled, until the next regular city elec- tion, by appointment by the mayor and confirmation by the city council as aforesaid. Said board shall organize by the election of a presi- President and dent and a secretary, from the members thereof. secretary. Sec. 8. If the creation of a bonded indebtedness be city council authorized as hereinbefore provided, the city council provide for shall forthwith provide for the issue of bonds of said city ^^^ *®®^®* in the amount so authorized. Said bonds shall be pay- able in twenty-five years, and redeemable after ten years Twenty-flve in the manner hereinafter provided, with interest at a^®*'^* rate not exceeding six per cent, per annum. Said inter- interest. est shall be payable semi-annually, and be evidenced by coupons attested by a fac-simile of the signature of the coupons, said city clerk of said city. All bonds issued under the provisions of this act shall be payable at such place as may be designated in said bonds, shall constitute a lien Bonds a iien. upon the taxable real property in said district only, and shall be payable out of the revenues from said water works, and out of any moneys derived from special charges imposed by said board of water works, as herein- after provided, and from any special assessment of taxes levied by said city under the provisions of this act. All bonds issued pursuant hereto, shall state on Form of fac» their face that they are issued under the provisions of o' ^o"^- this act, and that they constitute a lien upon the taxable real property in said district only, and upon the revenues of such water works and the special charges above men- tioned; they shall be issued in the name of said city, and be signed by the mayor of said city, and be attested by the city clerk thereof under the seal of said city, and shall, previous to the sale thereof, be duly registered by to be the city clerk of said city in a book to be kept for that registered, purpose in his office. 366 WATKB WORKS. [Ch. 142. Sale of bonds. Contracts and manafirement. Protection and purity. Five-mile protection. Rules. Contracts over $260 to lowest bidder. Annual assessment. Levied on the frontage. Notice of assessment. Opportunity to protest. Charges reasonable and uniform. The said city shall dispose of said bonds to the best advantage, and apply the proceeds of the sale thereof to the providing of a system of water works for said district as authorized by said election. Sec. 9. The said board of water works shall have power to enter into all contracts, in the na,me of said district, and to do all things necessary to provide a system of water works for said district as provided by this act, and for the management, operation and control thereof. For the purpose of maintaining and protecting said water works from injury, and the water from pollu- tion, the jurisdiction of said board shall extend over the territory occupied by said works, and all reservoirs, streams, trenches, pipes and drains, used in and neces- sary for the construction, maintenance or operation of the same, and over the stream or source from which the water is taken for five miles above the point from which it is taken. It shall have power to make all needful rules and regulations concerning the use of water sup- plied by said water works, and for carrying into effect the powers herein granted. All work done by the said board in the construction of said water works, and all work done in the improving or extending thereof, exceeding two hundred and fifty dollars in cost, shall be done by contract to the lowest responsible bidder, upon open bids after ample advertise ment. It shall be lawful for said board to levy annually an assessment qpon each lot or parcel of ground which shall abut on any street, alley, or avenue in said dis trict, through which the distributing pipes of said water works are, or may be, laid, so as conveniently to supply said lot or parcel of ground with water, whether water be used upon said lot or parcel of ground or not; which said assessment shall be levied at a uniform rate, ac- cording to frontage; Provided, That at least ten days' notice of such assessment shall be given by publication in some newspaper published in said city, stating the time at which said assessment will be made, and giving all persons interested therein an opportunity to appear and make objection thereto. Said board shall levy and collect reasonable charges, at uniform rates for like service, for all water supplied Ch. 142.] WATER WORKS. 367 by said water works for domestic uses, irrigation, op other purposes. All such assessments and charges shall become and charges be a continuing lien and charge upon the lots or parcels a uen. of ground upon which they are respectively levied, and upon the building or buildings or other improvements situate thereon, if any, and have priority over all other liens except general taxes; and such lien or charge may be collected and enforced in such manner as the said Lien, how board may by order provide. Said city shall pay for^^^^^^^^- water supplied for fire purposes, irrigation or other city Pay for purposes in said district, at the same rates as are paid city water, by it to any other water works for like services. Said assessments and rates and charges for water Basis of shall be fixed at such sums as will provide revenue suffi- charges to cient for the operation and maintenance of said water °°'^^^*^®^^- system, and the payment of interest upOn the said bonds, as the same accrues; and after said water bonds have been issued for nine years, the said rates and assessments After nine shall be so fixed and levied as to produce a revenue, in years, sinking addition to that hereinbefore provided for, equal ^^ch^^^^j^*^^^^^^ year to at least four per centum of the amount of the^^^^ then outstanding bonded indebtedness; and the sum so collected in excess of the cost of operating and maintain- ing said plant, and the interest on said bonds, shall be placed in a sinking fund, to be used for the redemption of said bonds; in which fund shall also be placed any surplus moneys arising at any time from water taxes or rates, or from special taxes levied under the provisions of this act. The maintaining of said water works system shall in- JJcm^es^'^^^ elude all ordinary improvements and extensions thereof, extensions. Sec. 10. Until such time as the accumulations of said sinking fund can be used for the redemption of said bonds, the same shall be kept invested in such interest investment of bearing securities as are, or may be, approved by law for sinking fund, the investment of the funds of trust companies in this State. Whenever there shall be to the credit of said sinking Bonds— how fund a sum suflScient to redeem one or more of said bonds, called in. the city treasurer of said city shall, by advertising for five days, in some newspaper in said city, call in such number of said bonds as said funds will pay in full, speci- fying the bonds so called by number, and the same shall 368 WATBB WOEKS. [Ch. 142. If not presented Interest to cease. Funding the bonds. Special tax to redeem bonds. Notice of such tax. Special tax- how collected. Compensation to county treasurer. City to hold title in trust for water district. City treasurer to hold the district funds. Fund to be special. be paid on presentation thereof. At the expiration of thirty (30) days from the first publication of said call, the interest on said bonds so called shall cease. The holder of any of said bonds may at any time furnish to said city treasurer his postoffice address, and in such case, the said city treasurer shall mail to said holder at such address a copy of said notice on the first day of its publication. If said bonds be not all redeemed at or before their maturity, it shall be lawful for said city to issue new bonds, at a rate of interest not exceeding six per centum per annum, and redeemable at such time as may be deemed best, not to exceed ten years, in an amount suflS- cient to refund such outstanding bonds. In case funds shall not be otherwise provided for the redemption of all bonds issued under the provisions hereof, according to their tenor and effect, it shall be the duly of said city council to levy a special tax, as occasion requires, upon all the taxable real property in said district equally in proportion to the benefits accruing thereto from said water works, to provide funds for such redemption ; Pro vided. That notice of such tax and opportunity to object thereto shall be given by said city council in manner as provided in section 9 of this act. Such special taxes shall be certified to and be collected by the county treas- urer, as in other cases, and shall be kept by him in a special fund to be paid to the city treasurer from time to time on demand; and the county treasurer shall re- ceive such compensation for the collection thereof as is prescribed by law for the collection of other city taxes. The payment of such special taxes may be enforced by such proceedings as are authorized for the collection of other city taxes. Sec. 11. The title to all property acquired for said district shall be taken and held in the name of the city, in which the said district is situate, for the use of said water works district. The proceeds of the sale of said bonds and all rev- enues from said water works, as well as special assess ments and taxes levied and collected as aforesaid, shall be paid to the treasurer of said city, the collections by said board being paid monthly to said city treasurer; all to be kept by him in a special fund apart from all other moneys. The money in said fund shall be paid out Ch. 142.] WATER WORKS. 369 only for purposes authorized by said board. Vouchers vouchers for for all such expenditures shall be approved by said board, expenditures. and shall be certified to and paid by said city council. Sec. 12. The salaries of the members of said board, Salary of as fixed by ordinance as herein provided, shall be paid^^^^^- monthly out of the said special fund in said city treasury. Said water works board shall, at the end of each Annual report municipal fiscal year, make full report and account to ^ ^^ity council the city council of all its ucts and doings during such J^^^^ cation of year, which report shall be published in the oflScial paper of said city for the information of the public. Sec. 13. It shall be lawful for such city, acting for city may and on behalf of any public water works district within condemn right its limits, to condemn and appropriate so much private ^^.^^^^ ^^^^^ property as shall be necessary for the construction and works. operation of such water works, and to condemn and ap- propriate any water works not owned by said city, by such proceedings as are or may be prescribed for the condemnation of real estate, whether such property or water works be within or without said city ; and it shall be the duty of such city to begin said proceedings upon request of said board of water works. The decision of no traverse on said board as to the necessity for such condemnation the issue of shall be binding upon any board of commissioners a,p- ^®^®^®**^- pointed, and upon any jury empanelled, in said condem- nation proceedings. Sec. 14. This act shall be deemed concurrent with Relation of this all other laws of this State on the subject covered by the act to other provisions hereof; but no other act or law shall be held^**^"^®® to modify or defeat the express provisions of this act. Sec. 15. In the opinion of the General Assembly, an Bmerffency. emergency exists, and this act shall take effect and be in force from and after its passage and approval. Approved March 25, 1905. 370 WILLS. [Ch. 143. CHAPTER 143. WILLS. ESTATES. (H. B. No. 93, by Mr. Thomas.) AN ACT TO AMEND SECTION THIRTY-SIX (36) OF AN ACT ENTITLED "AN ACT IN RELATION TO PROBATE MATTERS, INCLUD- ING ESTATES OF MINORS, DECEASED PERSONS AND PER- SONS MENTALLY INCOMPETENT, AND THE ADMINISTRA- TION THEREOF, AND TO REPEAL CERTAIN ACTS IN RE- LATION THERETO," APPROVED APRIL 9, 1903. Be it Enacted hy the General Assembly of the State of Colorado: Act amended. Section 1. That section thirty-six (36) of an act entitled "An act in relation to Probate Matters, includ- ing estates of minors, deceased persons and persons mentally incompetent, and the administration thereof, and to repeal certain acts in relation thereto", approved April 9, 1903, is hereby amended to read as follows: Will probated in Section 36. Where any last will, testament or codi- foreign state orcil of OF Concerning real estate in this state has been country. or shall be admitted to probate before any court or tribunal of any state or territory of the United States, , or of any country beyond the limits of the United States, such court or tribunal being authorized by the laws of such state, territory or country to admit the Record of f or- same to probate, the record of such court or tribunal eigrn court cer- in the matter, accompanied with a certificate of the tificate. proper oflQcer or oflScers, that said will, testament or codicil, or copy thereof, was proved agreeably to the laws and usages of the state, territory or country in Entitled to pro- ^jji^^jj ^jjg Same was admitted to probate, shall entitle wuhout further ®^^^ ^^1^> testament or codicil to probate and record proof or notice, without further proof of the execution thereof, and Ch. 144.] WILLS. 371 without notice to the heirs, widow or husband of the Letters issue, testator or testatrix; and letters testamentary or of administration may issue thereon as in other cases. Approved March 25, 1905. CHAPTER 144. WILLS. SPECIFIC PERFORMANCE. (S. B. No. 179, by Senator Anfenger.) AN ACT TO AMEND SECTIONS 70-A, 70-C, 70-D AND 70-E OF AN ACT ENTITLED "AN ACT IN RELATION TO PROBATE MATTERS, INCLUDING ESTATES OF MINORS, DECEASED PERSONS AND PERSONS MENTALLY INCOMPETENT, AND THE AD- MINISTRATION THEREOF, AND TO REPEAL CERTAIN ACTS IN RELATION THERETO," APPROVED APRIL 9, 1903. Be it Enacted by the General Assembly of the State of Colorado: Section 1. That section 70-A of an act entitled "An Amended. act in relation to probate matters, including estates of minors, deceased persons and persons mentally incompe- tent, and the administration thereof, and to repeal cer- tain acts in relation thereto," approved April 9, 1903, be, and is, hereby amended to read as follows : Sec. 70-A. If any testator or intestate shall have en- speciflc tered into a contract, in writing, for the conveyance of performance of any real estate, and shall not have executed the same in ^^'^^ecelsed^^ his lifetime, nor given power by will to execute the same, any party in interest, wishing a specific execution of such Petition, contract, may present a petition to the court, setting forth the facts, and praying that an order may be made that the executor or administrator execute such contract specific- ally, by executing a deed for the same in accordance with the terms of such contract. 372 WILLS. [Ch. 144. Amended. Service of notice and copy of petition. Waiver. Amended. Court order execution of contract. Amended. Representative deliver deed. Sec. 2. That section 70-C of said act be, and is, hereby amended to read as follows : Sec. 70-C. A notice of such application and a copy of the petition shall be served on the executor or adminis- trator, unless the said executor or administrator has pre- sented the petition, and also on the heirs or devisees re- siding in or who may be served in the county, at least twenty (20) days before said petition be called up for hearing, unless said parties waive their rights therein and consent that the said petition- be heard forthwith or upon less than twenty (20) days notice. Sec. 3. That section 70-D of said act be, and is, hereby amended to read as follows : Sec. 70-D. If the court, after hearing all parties, be- lieve that specific execution of such contract ought to be made, it shall make an order that the executor or adminis- trator execute such contract specifically. Sec. 4. That section 70-E of said act be, and is, hereby amended to read as follows : Sec. 70-E. When any order for the specific execution of a contract shall be made, the executor or administrator shall execute and deliver to the proper party a deed duly acknowledged, conveying the estate according to the terms of the contract and the order of court. Approved April 10, 1905. b SENATE JOINT MEMORIAL NO. 1. 373 SENATE JOINT MEMORIAL NO 1. (By Senator Taylor.) CONCERNING THE PUBLIC LAND LAWS. To the Honorable Senate and House of Representatives of the United States of America in Congress Assem- bled: Your Memorialist, the Fifteenth General Assembly of the State of Colorado, respectfully represents to your honorable body that: Whereas, There is now pending before the Con- gress of the United States a bill providing for the re- peal of all existing desert land laws, and Whereas, It is confidently believed that the cam- paign for such repeal is being conducted largely in the interests of the land grant railroads, for the purpose of excluding from settlement all lands other than railroad lands, and Whereas, The present desert land laws facilitate the acquirement of homes by certain of our citizens, by reclaiming and developing numerous small inter-moun- tain valleys that can not be reclaimed under any other law, and Whereas, The federal land laws, now on our statute books, have been of great benefit in the development of this State and have operated satisfactorily, wherever their provisions have been carried out in good faith, and Whereas, We believe that any change, in the present desert land laws of the United States, would be detri- mental to the great inter-mountain region and would es- pecially retard the development of our State; Therefore, We earnestly protest against the passage of said bill and against any interference, at this time, with the desert land laws of the United States. And, further, we direct that a -certified copy of this memorial be forthwith sent to our Senators and Representatives in Congress. Approved February 23, 1905. 374 HOUSE JOINT MEMORIAL NO. 1. HOUSE JOINT MEMORIAL NO. 1. (By Mr. Baer.) To the Honorable Senate and House of Representatives of the United States of America in Congress As- semMed: Your Memorialists, the 15th General Assembly of the State of Colorado, respectfully represent to your Honor- able body that : Whereas: The act approved Jan. 13th, 1897, relat- ing to the construction of storage reservoirs for free stock water, upon the unoccupied public lands of the United States and the withdrawal from entry of certain lands under the provision thereof, has been and will be in the future of great benefit in promoting the live stock industry of the West. But we believe that the act should have provided for the privilege of allowing springs and water seeps to be cleaned out and fenced, and the waters conducted on the outside of said reservoirs or troughs, and in less quanti- ties than now required, by the regulation of Interior De- partment ; and that the same be kept for the free use of range stock. This provision would lead to the preservation of much stock water, and in the opinion of your memorial- ists would in no way interfere with the disposal of agri- cultural areas ; but would prevent in a great measure the utter destruction of many good springs and sources of water supply by preventing their being entirely destroyed by the tramping of range stock. Therefore be it resolved : That Congress be urged to pass an amendment permitting the fencing of springs for the above purpose. And be it further resolved: That a copy of this Memorial be sent at once by the Secretary of State to the President of the Senate of the United States, and one copy to the Speaker of the House of Representatives, and one copy to each of our Senators and Representatives in Congress. HOUSE JOINT MEMORIAL NO. 2. 375 HOUSE JOINT MEMORIAL NO. 2. To the Honorable^ the President^ and to the Honorable, the Senate and the House of Representatives of the United States of America in Congress Assembled: Your Memorialists^ the General Assembly of the State of Colorado, respectfully represent that it is im- portant to the welfare of the states and of the nation that abused, neglected, dependent, delinquent and defective children be properly protected and cared for. The pro- tection of dumb animals is of great pecuniary advantage as well as conducive to good morals. Your Memorialists believe, from the experience of this State, that child and animal protection is of suflS- cient importance to well deserve the attention of the fed- eral government. Your Memorialists accordingly respectfully suggest and urge the creation of a government board of child and animal protection whose duty it shall be to obtain and record information concerning children whose condition deserves oflScial intervention and also concerning abused and neglected dumb animals, to study the causes of such conditions and to suggest and urge remedies. Approved April 8, 1905. 37G HOrSE JOINT MEMORIAL NO. 3. HOUSE JOINT MEMORIAL NO. 3. To the President, the Senate and House of Representa- tives of the United States of America in Congress Assembled: Your Memorialists, The Fifteenth General Assembly of the State of Colorado, in regular session assembled, do hereby submit for your honorable consideration, the fol- lowing memorial pertaining to the storage of waters, for irrigation purposes, on the upper Rio Grande River in the State of Colorado. Advised as you have been of the very material benefits that have accrued to all sections of the arid West, through the construction of storage reservoirs, for the conserva- tion of waters that would otherwise go to waste during the periods of annual floods and the non-irrigating sea- son; and knowing, as you most certainly do not merely the advisability, but the absolute necessity, of converting all available supplies of water to some beneficial use to the thousands of acres of exceptionally fertile and arable lands along the many streams of our great commonwealth, we your petitioners, do thus desire to call your especial attention to an urgent consideration of the following statement of facts, in their connection with the various conditions as they now exist in that portion of our State, dependent upon the upper Rio Grande River for a supply of water for irrigation purposes. Comprised within •the broad domain of what is known as the "San Luis Valley," are several hundred thousand acres of very fertile, arable lands, which, for their suffi- cient irrigation, need only a system of reservoir construc- tion, on the many natural and favorable sites that exist along the Rio Grande River and its tributaries, to con- serve the waters that now go to waste during the annual flood and non -irrigating season. There has already been constructed a system of canals, sufficient for the almost complete irrigation of this HOUSE JOINT MEMORIAL NO. 3. 377 immense territory, with a carrying capacity aggregating an approximate flow of 6,000 cubic feet per second of time. As far as any interference with any vested rights, outside of the State of Colorado, is concerned, that condi- tion would have no bearing whatever upon the storage of waters that would otherwise go to waste. In the year 1900, when, as the measurements show, the flow in the Rio Grande River amounted to about the average, during the month of May, 175,240, acre feet passed Del Norte; covering that same period, 87,927 acre feet passed Cincero, the difference, 87,313 acre feet was the amount consumed in Colorado during that month (May). During the month of June of the same year (1900) 159,974 acre feet were measured at Del Norte, and 84,784 acre feet at Cincero, the difference, 75,190 acre feet, was the amount consumed in Colorado during that month (June). The accompanying tables show that the foregoing were the maximum amounts of water that have ever been consumed in Colorado on the Rio Grande during any one year ; they not Only substantiate the maximum amount of water this section would use when bounteously supplied, but they are indisputable evidence of the very limited de- mands that Colorado makes upon the flood waters that flow through her territory, and conclusively show that New Mexico, were she possessed of the requisite reservoir sites on the Rio Grande, or within her own territory, could store from Colorado's excess, many times the amount of her own demands. Yet, notwithstanding all of this evidence in her favor, when Colorado enjoys the reservoir facilities, to which she is so justly entitled, she will thus be enabled to secure a considerable portion of the very limited amount suflficient to tide her over the month of August, from waters that now run to waste during the non-irrigating season. The data used in the foregoing and following state- ment of facts and conditions, except where reference is made to the United States Census, has been taken entirely from the printed reports of the Reclamation Bureau, cov- ering the flow of water in the Rio Grande River at the several measuring stations, maintained by the United States Government, at various points along that stream. 378 HOUSE JOINT MEMORIAL NO. 3. The Rio Grande River, throughout the entire length of its meandering, through the territory of New Mexico, flows through the Counties of Taos, Rio Arribo [Arriba], Santa Fe, Bernalillo, Valencia, Socorro, Sierra and Donna Ana. The twelfth decennial census of the United States, taken in the year 1900, attributes to these eight counties a total of 84,315 irrigated acres, from which, for the purpose of this statement, has been deducted the entire irrigated acreage of the Counties of Taos, Rio Arriba and Santa Fe, amounting to 35,914 acres, for the reason that they are irrigated from waters prior to their flow into the Rio Grande River, and the waters irrigating them and there- fore, do not become a factor, in estimating the amount of water, flowing in the channel of that stream ; this leaves a balance of 48,410 [48,401] acres, a portion of which is also irrigated from the Rio Puerto and other smaller streams in the various counties, which would reduce these figures to a reasonable approximation of 45,000 acres- Ordinarily in farming countries, about 50;^ of the land under irrigation is actually irrigated in any one year; but allowing a liberal amount from some hay land, and an exceptional excess of irrigation above the average, and place the total at 30,000 acres, irrigated with waters taken direct from the flow of the Rio Grande River itself, and allowing two acre feet for the irrigation of each acre of land for the season, these figures will give a total an- nual consumption of 60,000 acre feet, drawn from the Rio Grande River for the irrigation of land in the Ter- ritory of New Mexico; yet, on the other hand, in taking the total of 45,000 acres actually under irrigation, there would then be an annual consumption of only 90,000 acre feet of water. Comparing the above statement of facts with the accompanying tabulated flow of water, in the Rio Grande River, covering its flow from 1890 to 1903 inclusive, it is proven beyond all question that New Mexico, in every one of all these years, has had, excepting in the month of August, of each year, a sufficiency of water to cover all demands of her irrigation; and during the months of May, June and July, of nearly every one of all these years, there has passed from one end of her territory to the other, from two to fourteen times the amount she could possibly have used, notwithstanding the fact that Colorado, at the same time, was drawing so far as her HOUSE JOINT MEMORIAL NO. 3. 379 necessities required upon the available supply as it passed through her own territory. On the other hand, had Colorado used all the water of the Bio Grande River as it passed through her own territory, during every one of all these years, and al- lowed none whatever to have passed her border, New Mexico, with the exception of the month of August, of each year, would have had a flow to have drawn from far in excess of her necessary demands, because the Rio Grande, within her own territory, is replenished far above the source of her own irrigation system, by the Chama River in Rio Arriba County; the Red River, the Hondo and other streams in Taos County ; also by the Rio Puerto in Bernalillo and Valencia Counties; the combined ca- pacities of which streams very nearly equal, if they do not exceed, the flow of the Rio Grande River in the State of Colorado. The accompanying tabulated statement shows, that from 1900 to 1903 inclusive, the flow at Oincero averaged 372,734 acre feet annually, while at Embudo it averaged 607,042 acre feet, recording a gain of 234,308 acre feet in favor of Embudo over Cincero, which represents the ac- cretions from other streams between those two points, viz : the Red River, the Hondo and other smaller streams. During the same period, from 1900 to 1903 inclusive, the flow at Rio Grande station amounted to an annual aver- age of 914,020 acre feet, thus recording a gain in favor of Rio Grande over Embudo of an annual average of 306,978 acre feet; this represents the flow of the Chama River, which enters the Rio Grande between those two points. In connection with these figures it is well to make the statement at this time regarding the amount of loss from irrigation, occurring between Del Norte and Cin- cero. The total averages during the periods of high water throughout the combined months of May, June and July, for the years 1900 to 1903 inclusive, show, that there passed Del Norte gauging station 345,456 acre feet ; dur- ing that same period there passed the gauging station at Cincero, 239,485 acre feet, which shows that there was a loss between those two stations of 105,931 [105,971] acre feet, which represents the amount consumed in Colorado in irrigation, evaporation and seepage, covering a period of three months for each of those years, or an average of 380 HOUSE JOINT MEMORIAL NO. 3. about 35,000 acre feet per month. These figures also show, that the greatest loss occurrence, during that time in any one month, amounted to only 87,313 acre feet. During the month of August of every year, the flow is generally too small to be of any service in the ditches, and shows so weak as it does, at Cincero, presumably be- cause of the absorption and evaporation in its passage through the low lands below Alamosa. Only in the year 1897, did the flow at San Marcial, exceed that at Rio Grande station, which was occasioned, as the measurements show, by unusual local precipita- tion, during the months of September, October, November and December; with that exception, between these two measuring stations, there was an average loss of water amounting to 237,799 acre feet per year from 1896 to 1903 inclusive, while the loss between San Marcial and El Paso was something enormous, amounting annually, for the period coveing [covering] those same dates, to 330,- 382 acre feet, thus totaling an annual loss between Rio Grande station and El Paso of 568,181 acre feet, less the amount used for irrigation, between those two points, about Albuquerque, which does not exceed 20,000 acre feet per year, making an actual annual loss of 548,181 acre feet from sinkage and evaporation ; which condition shows the very uncertain and unavailable utility of all the water in the Rio Grande River, after leaving San Marcial, and a proportionate application of the same con- clusion to the loss occasioned, by the sinking of the flow, between there and Rio Grande station. In September, October, November and December, 1897, there was a very unusual flow, amounting to 610,- 128 acre feet, measured at San Marcial, evidently due to exceptionally heavy rains precipitated below the gauging station at Rio Grande; during those same months, the flow, measured at El Paso, amounted to only 217,267 acre feet, which demonstrates a loss of 402,861 [392,861] acre feet in its passage between these two points, being a distance of only 180 miles; this water has evidently sunk in the sands of the river bed, which but proves, as a matter of economical utility, the advisability of its use in sections above the regions of these enormous losses. In reviewing the accompanying tabulated statistics, jfnd applying them to universal conditions, there should HOUSE JOINT MEMORIAL NO. 3. 381 be taken into consideration the unusual excess flow, some- times caused by exceptional rainfalls, coincident with and outside of the regular season of flood waters. The annual averages show, that from once to twice the amount of water has run to waste, since 1890, that would have been necessary to irrigate all the land, now under ditch, along the Rio Grande River in Colorado, and from five to ten times that amount in New Mexico; which condi- tion taken into consideration with the fact, that at no time since 1890, has there been sufficient water during the month of August, in either New Mexico or Colorado, to be of any material use in the ditches, but proves the absolute necessity for the construction of storage reservoirs, that woiild furnish the necessary amount of water for the month of August, and which would, in all years, increase the yield per acre from 20^ to 50^, and in some years to the enormous increment of 100^. As a resultant, after all this array of evidence de- duced from the foregoing statement of facts, there can be but one conclusion, that to overcome the conditions exist- ent, in both Colorado and New Mexico, covering the scarcity of water for the month of August, reservoirs must be built upon the upper Rio Grande River for the former, and along the Chama, the Red River, the Hondo and the Rio Puerto for the latter. As to the status of the situation covering the use of these waters in relation to a question of international significance, between the United States and Mexico, the solution is surely simple, in that the flood waters from which we would store our reservoirs, run past her into the Gulf; and the low waters sink hundreds of miles this side of where they would become an international stream. All this evidence, obtained as it has been from the records of the Department of the Interior, fortunately, is eminently significant of the sad conditions that have prevailed, showing as it does, the loss of millions that might have been added to the productive wealth of all the territory bordering the banks of the Rio Grande River and its tributaries, through the channels of which these millions of acre feet of valuable irrigation water have been continually allowed to go to waste, without a single effort upon the part of the Government, to even assist in its conservation, yet, on the other hand, has asserted 382 HOUSE JOINT MEMORIAL NO. 3. an absolute denial of these prerogatives to those bene- ficiaries who would. Therefore, the Fifteenth General Assembly of the State of Colorado, respectfully submits this memorial, that you may be fully advised as to the exigencies of the existent conditions, and the urgent necessity for immedi- ate remedial action; and earnestly requests an equitable adjustment of the situation as it now obtains, so that the reservoir filings, already before the Department, may be speedily allowed, and those interested be thus enabled to enlist the investment of private capital under the local, district, irrigation laws covering the construction of reservoirs, should the Government itself, not deem it advisable, for reasons of its own, to extend its assistance. Approved April 8, 1905. SENATE CONCURRENT RESOLUTION NO. 8. 383 SENATE CONCURRENT RESOLUTION NO. 8. (By Senators Taylor, Barela and Parks, concerning the admission of the Territories of Arizona and New Mexico.) Resolved, by the Senate, the House of Representatives concurring therein, That it is the sense of the Fifteenth General Assembly of the State of Colorado : (a) That each of the Territories of Arizona and New Mexico is, considering its population, development, re- sources and in every other way, justly entitled to be ad- mitted to this Union as a separate State; and, (b) That the passage of the bill now pending before the United States Senate, providing for the admission of both of said Territories as one State, would be an unwar- ranted hardship upon «,nd an unjust discrimination against the people of those Territories; be it further Resolved, That we earnestly request our Senators and Representatives to use their utmost endeavors to prevent the passage of said bill ; and also to secure, if possible, the passage of a bill admitting each of said Territories as a sovereign State of this Union ; and be it further Resolved, That a copy of this concurrent resolution be properly certified by the president and secretary of the Senate and speaker and chief clerk of the House, and forthwith transmitted to each of our Senators and Repre- sentatives in the Congress of the United States. Approved February 14, 1905. 384 SENATE JOINT RESOLUTION NO. 3. SENATE JOINT RESOLUTION NO. 3. (By Senator Drake.) Whereas, The President of the United States in his last annual message to Congress, pointed out the necessity of governmental regulation of railroad rates and service through' the delegated power of Congress, given to the In- terstate Commerce Commission, and Whereas, There is now pending before Congress, legis- lation looking toward the amendment of the Interstate Commerce Act, as recommended by the President : there- fore Be it Resolved, by the Senate of the Fifteenth Gen- eral Assembly of the State of Colorado, the House con- curring, that we heartily approve of the views set forth in the last annual message of the President of the United States on this subject, and we Urge that such legislation may be promptly passed, as will give the Interstate Com- merce Commission adequate power to correct rates and to regulate service on the railroads of the United States; and Be it further Resolved, That the Senators and Mem- bers of the House of Representatives in Congress from Colorado, be instructed to use every effort to secure the passage of such legislation, during the present session of Congress. Approved January 26, 1905. WILLIAM H. DICKSON, Speaker of the House. ARTHUR CORNFORTH, President of the Senate. JESSE F. Mcdonald, Governor. INDEX TO Chapters and Titles, 13 INDEX TO Chapters and Titles. Chap. 1 Appropriation— Actions, Kansas-Colorado . Page. ... 23 2 3 4 5 6 7 8 9 10 H 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Artesian well, Washington county 24 Bennet, Hiram P 27 Bridge, Animas river 28 Bridge, Arkansas river 29 Bridge, Arkansas river 32 Bridge, Bijou creek 34 Bridge, Clear creek 35 Bridge, Clear creek 37 Bridge, Conejos river 38 Bridge, Dolores river 40 Bridge, Las Animas river 42 Bridge, Rio Grande river 44 Bridge, Rio Grande river 45 Bridge, San Juan river 47 Bridge, Sarcillo Canon Arroyo 49 Bridge, Yampa river 50 Burdette, W. N 52 Bush, James S 53 Colorado School of Mines 54 Election contest 55 G. A. R. encampment 57 General 59 General 66 How, D. F 76 Lewis and Clark Centennial Exposition 77 Memorial monument 78 Ovelman, Charles, et al 80 Palmer, Harry V. 81 State Agricultural College 82 388 INDEX TO CHAPTERS AND TITLES. Chap. Page. 31 •• State board of library commissioners 85 32 " State bureau of child and animal protection 86 33 '• State capitol building 87 34 " State capitol building 88 35 " State capitol building 89 36 " State fair ifund 91 87 •• State home for dependent and neglected chil- dren 93 38 '* State Industrial school— boys 94 39 " State industrial school— boys 95 40 " State industrial school— girls 96 41 " State insane asylum 97 42 " State insane asylum 98 43 '• State normal school 99 44 " State penitentiary 103 45 " State penitentiary 101 4G " State reformatory 102 47 " State reformatory 103 48 " State reformatory 104 49 " State school for deaf and blind 105 50 " State soldiers' and sailors' home 106 51 " State soldiers' and sailors' home 107 52 •• Traveling libraries 108 53 " University of Colorado— surplus fund 109 54 " Wagon road, Alice-Dumont 110 55 " Wagon road, Bent county 112 56 " Wagon road, Boulder and Grand counties 113 57 " Wagon road, Colorado Springs-Cameron 115 58 " Wagon road, Denver-Grand Junction 118 59 " Wagon road, Denver-Grand Junction 120 60 " Wagon road, Douglas county 122 61 '* Wagon road, Eagle county 124 62 " Wagon road, Grand county 126 63 " Wagon road. Grand county 129 64 " Wagon road, Hinsdale county 132 65 •• Wagon road, La Junta-Rocky Ford 134 66 " . Wagon road, La Plata county 136 67 " Wagon road, Larimer and Boulder counties — 138 68 " Wagon road. Mesa county 140 69 " Wagon road, Montrose county 142 70 " Wagon road, Pitkin county 144 71 " Wagon road, Summit county 146 72 " Wagon road, Teller and Fremont coi^nties 148 73 " Wagon road, Yuma county 151 74 Archuleta county, boundaries 153 75 Assignments 165 76 Attorney-general, salary 156 77 Attorneys-at-law, practicing without license 157 B 78 Beecher park 158 79 Boycotting and blacklisting 160 80 Braces over rights of way 162 INDEX TO CHAPTERS AND TITLES. ' 389 C Chap. Page. 81 Children, dependent and neglected 163 82 Code of procedure, place of trial 165 83 Code of procedure, summons 167 84 Constitutional amendment, elections 168 85 Conveyances, husband and wife 170 86 Convict labor 171 87 Corporations, extension of term 172 88 Counties, classification 174 89 County government, terms of commissioners, Adams and Arapahoe counties 176 90 Court of appeals, causes pending in 177 91 Court of appeals, records of, transferred to supreme court 178 92 Courts of record, terms in Arapahoe county '. 179 93 Courts of record, terms in Twelfth District 180 94 Criminal code, taking indecent liberties with children 181 95 Criminal code, bribery 182 D 96 Dentistry, penalty for practicing without license 184 97 Divorce, relating to decrees of 185 98 Docking horses' tails 186 99 Dumb animals, for the protection of 187 E 100 Elections, registration 188 101 Elections, voting machines # 220 102 Explosives and fireworks 231 F 103 Fish, appropriation for improving Durango hatchery 232 104 Fish, appropriation to establish Del ^forte hatchery 233 105 Fish, appropriation to establish Glenwood hatchery 234 106 Fish, appropriation to establish Grand county hatchery 235 107 Flags, desecration of 237 G 108 Game, fish, open seasons 239 109 General Assembly, qualifications of employes of 240 110 Gift enterprises, to prohibit 241 I 111 Irrigation, boundaries of Districts 39, 42 and 70 243 112 Irrigation, notice in water right proceedings 244 113 Irrigation districts, establishment and organization 246 114 Itinerant vendor 274 390 INDEX TO CHAPTEKS AND TITLES. J Chap. Page. 115 Judiciary, changing the name of Frederick Thum 279 116 Jurors, excuse and challenge 280 117 Jurors, excuse and challenge 281 118 Justice of the peace, grounds for attachment before 282 L 119 Labor, eight-hour day.. 284 120 Larimer county, fees chargeable In 285 121 Livestock, injured on railroad right of way 286 122 Live stock, treatment of infected 287 123 Lunatics, inquest of lunacy 289 M 124 Mortgages, foreclosures of 290 o 125 Ordinances, granting franchises 292 p 126 Parent and child, support of children 295 127 Public health, report of birth, etc 297 128 Public parks, establishment and organization of 299 K 129 Railroads, lien on railroad equipment 306 130 Reservoirs, investigate sites for on Rio Grande river 307 131 Revenue ^ 308 s 132 Soldiers and sailors, burial of 317 133 State board of agriculture 318 134 State board of land commissioners 319 135 State board of medical examiners 344 136 State board of nurse examiners 352 137 State historical and natural society 356 138 Supreme court, employes of 357 T 139 Trust deeds, release of in city and county of Denver 358 140 Trust deeds, release of in city and county of' Denver 359 INDEX TO CHAPTERS AND TITLES. 391 W Chap. Page. 141 Water users' association, fees and taxation of . *. 360 142 Water works, establishment and organization of 361 143 Wills, foreign probates entitled to record 370 144 Wills, specific performance of contracts of deceased 3/1 Senate Joint Memorial No. 1 373 House Joint Memorial No. 1 374 House Joint Memorial No. 2 375 House Joint Memorial No. 3 376 Senate concurrent resolution No. 8 383 Senate joint resolution No. 3 384 INDEX INDEX ACKNOWLEDGMENT— of tax deed by county treasurer. Sec. 8 Page. 316 23 1 23,62 1 23 2 24 2 23 ACTIONS— board of directors of irrigation district institute and maintain Kansas-Colorado— appropriation, for expense in defending suit — for expense In defending water rights auditor draw warrants control of fund pending in courts' of twelfth judicial district held as by former law 2 ISCf pending in Court of Appeals transferred to Su- preme Court 1 177 ACTS AMENDED— section 1, act of April 14, 1885, "Archuleta County" 1 153 act of May 5, 1897, "Assignments" 1 155 section 1, act of April 8, 1895, amending division 5, chapter 62, G. S., "Attachment" 1 282 section 1, chapter 85, act of 1899, "Braces Over Right of Way" 1 162 sections 790, 791 and 792, G. S., or sections 1273-1275, M. A. S., "Bribery" 1 182 ■chapter 2, aot of April 7, 1887, "Code of Procedure" 1 165 act of April 11, 1903, "Conveyances" 1 170 act of April 11, 1899, "Corporations" 1 172 section 7, chapter 43, acts of 1897, "Dentistry" 1 184 act of April 13, 1903, amending chapter XCVIII of acts of 1899, "Game and Fish" 1 239 section 8, chapter 61, G. S., "Jurors" 1 281 section 29, chapter 69, G. S., "Lunatics" 1 289 sections 1-13, act of March 14, 1881, "Medicine" 1-13 344-351 sections 33, 46, 47 and 49, act of April 17, 1893, "Pub- lic Health" 1,2,3 297,298 sections 1 and 4, act of March 31, 1885, "Railroads" 1, 2 305, 306 396 INDEX. ACTS^AMENDED— Continued. Sec. Page. sections 128, 147, 154, 167, 178, 180 and 181, act of March 22, 1902, "Revenue" 1-8 308-313 section 1, act of March 22, 1893, amending: act of March 1, 1887, "Soldiers and Sailors" 1 317 section 6, chapter 58, acts of 1901, "South Arapa- hoe County" 1 179 section 3, act of February 27, 1877, as amended February 12, 1879, "State Board of Agrriculture" . . . 1 318 section 1, act of March 11, 1903» "Trust Deed and Trustees" 1 358 section 36, act of April 9, 1903, "Wills" 1 370 section 70-A, 70-C and 70-D, act of April 9, 1903, "Wills" 1,2,3 371,372 ACTS REPEALED— section 529, G. S., or 782, M. A. S.. "County Commis- sioners of Arapahoe County" act of April 6, 1899, "Dockingr Horses' Tails" act of April 12, 1901, "Irrigation Districts" section 2, act of April 7, 1885, amending act of March 14, 1881, "Medicine" act of April 16, 1903, "Palmer" ; seption 179, act of March 22, 1902, "Revenue" ADAMS COUNTY— of fourth class for regulation of official salaries term of office of county commissioners ADMINISTRATOR- deed executed by 4 372 by order of court 3 372 specific performance by 3 372 AGRICULTURAL COLLEGE— See state agricultural college. AGRICULTURAL EXPERIMENTAL STATION— conduct co-operative experiments 3 S3 appropriation for conducting 3 83 publish results of • 3 ^ conduct investigation as to stock feeding 2 83 appropriation for 2 83 publish results 2 83 investigate cultivation 4 83 appropriation for 4 84 publish results 4 84 AMENDMENT— See acts amended; constitutional amendment. 2 177 1 186 55 273 14 352 3' 81 6 313 1 175 1 . 176 INDEX. 397 ANIMALS— Sec. See live stock. person causing release, etc., criminally liable penalty unlawful to cause them to fight.... unlawful to release them to be pursued or shot at.. wagers on i*esult of combat etc., unlawful wilful spectator, guilty as principal ANTELOPE— open season 1 ANTITOXIN— report sale of 2 APPEALr- to district court from order to support child con- fined to institution 4 to supreme court in election matters 11 Page. 1 187 3 187 1 187 1 187 1 187 2 187 APPRAISERS— See state board of land commissioners. APPROPRIATIONS— actions, Kansas-Colorado suit 1 agricultural experimental station 2, 3 artesian well in Washington county, 16,000 attorney general, salary assistants, salaries clerks and stenographers, salaries auditor, salary bookkeepers, stenographers and clerks, salaries. deputy, salary •. Beecher park, to establish, $2,500 Bennet, Hiram P., to pay, 14,153.88 board of agriculture, to establish farmers' institute for prizes state fair board of arbitration, members' salaries secretary, salary board of charities and corrections, expenses secretary, salary stenographer, salary board of equalization, secretary, salary clerical assistance board of health, expenses and salaries board of horticulture, salaries and expenses for prizes at state fair secretary, salary board of land commissioners, expenses appraisers, salaries . clerks and stenographers, salaries register, salary deputy, salary superintendent mineral department, salary timber warden, salary 297 211 23,62 60,68 60,67 60,67 60,67 159 27 84 92 61 61 61,71 61,71 61,71 62, 71 62 71 62, 71 92 71 70 61,69 61,70 61,69 61,69 61,69 61,69 *l^ n*, hkt^ Ik /-* '".4r'""-'*^"''^«..fc. ■ :«i»'"-Vr'-''^^ - ; •'•*'''<Sa----"":^ •■■-■•• 5 f. ... '■'^«-.... ■ J '■^'tRirridn'"' ••••../"'** J , ,:-"^'.^^---.....: ; ' "'•"i^ ,.:.■••■•-... J . "''^naea ''^'«^ J """<f^z ••.■:::.: *• ^ • . . . J INOE^. 399 i »' ?IONS— Continued. Sec. ry, erection of rte hatchery, $5,000 od hatchery, $3,000 county hatchery, 13,000 tendent's residence, Durango hatchery. ne and fish commissioner, salary nd stenographer, salary ^ ation of ova and young fry and game wardens, salaries /eling expenses .ng spawn game warden, salary /eling expenses itendent of fish hatcheries, salary veling expenses •uty superintendents, salaries ng expenses encampment, appropriation for, $25,000 s salary and stenographer, salaries gent fund ntal expenses .e secretary, salary , Thomas, to pay P., to pay, $58.81 E. C, to pay tion, expenses of d fund 1,3 and compiling house and senate journals ssion laws, $2,000 p of coal mines, salary i , salary ty, salary jling expenses •Colorado suit, expenses of Villiam, to pay )mmissioner, deputy, salary aling expenses . mmissioners, expenses 'aisers, salaries cs and stenographers, salaries iter, salary leputy, salary jrintendent of mineral department, salary... 3er warden, salary aminers, expenses of board •etary's salary and Clark Exposition, for exhibits, $15,000... ant-governor, salary tingent fund dental expenses Page. 233 234 235 232 1 62. 71 1 62 73 1 62 .72 1 62 71 1. 62 72 1 62 72 72 72 1 62 72 1 62 71 1 62 72 1 62 71 58 1 59, 66 1 59, 66 66 59 1 59, 66 72 76 72 65 3 63 73 3 74 1 61, 69 1 61, 69 1 61, 69 1 61, 69 1 23, 62 73 1 60, 67 67 70 1 61, G9 1 61, 70 1 61, 69 1 61, 69 1 61, 69 1 61, 69 1 61, 68 61 77 1 59, 67 67 59 x$% XL • • *r fv»4 .. . ^ .>iH -r" * ■ ' - '.»• r.i»r .r •" vjoi .■«*" ^ ' * •'• • i»r .r > .ow "C" '^ ' '-« (-.AM r.tfr X UjI:*' '^' r <• r •» •***'' J . tr f »rf - ^''.-U'.-^* L ••* ^-•' *« r. »rr n R'.:: -ry fc* ' ' »-ff U .V f..r rr fi ^ t^y ■'■• «r.;». rii A.-.d i-.Vris s*jr* ♦-'• Jin,.* ii. ,^ ,^, u;; " •■' » S. h ,.; ,^ 31.,,^ for tKiiJ::**::^ ""'•"''*i. Arthur, to ^ar. rs*'.. . • i» "fr. •rjc '*''•"••'« J'i^ijrea. niaries. '**'.tr\ '» '''»"ft ?"' f'n.ir' ''^•••'•^'y v«. Adams, exp^^ ''•'» i^l?""^ C •'•'^^♦•'n'>'>'. expenses "'"•'•/*.« : "'•''"tenance of INDE^. ued. Sec. 399 Page. $6,000 $3,000 ary, $3.000 idence, Durang^o hatchery, commissioner, salary. her, salary and youngr fry ardens, salaries ten, salary. fish hatcheries, salary nses itendents, salaries iS it, appropriation for, $25,000. ^rapher, salaries. ises •y, salary. to pay.... y, $58.81 pay enses of ipiling house and senate Journals 7B, $2,000 I mines, salary i ■y senses o suit, expenses of to pay oner, deputy, salary ipenses >ners, expenses salaries stenograph ers, salaries Uary salary dent of mineral department, salary... irden, salary .'S, expenses of board s salary :iark Exposition, for exhibits, $15,000... jvernor, salary it fund l1 expenses 1.3 234 235 233 62. 71 62, 73 62,72 62, 71 62, 72 62, 72 72 72 62, 72 62,71 62.72 62,71 58 59, 66 59, 66 66 59 59, 66 72 76 72 65 63, 73 74 61, 69 61, 69 61, 69 61, 69 23, 62 73 60, 67 67 70 61, 69 61, 70 61, 69 61, 69 61, 69 61, 69 61, 68 61 77 59, 67 67 59 402 INDEX. ARCHULETA COUNTY- Sec. establishment and boundaries 1 of fifth class for regulation of official salaries 1 of sixth class, salary superintendent of schools 2 ARIZONA— resolution to admit as separate state ARTESIAN WELLr- Washlngrton county- appropriation for sinking^ well in Washing^ton county 1 auditor draw warrant 7 bids and contract 5 board of construction 2 contractor's bond 5 duties of board of construction 3 if well located on other than state land it must be donated 4 if construction abandoned or neglected land to revert to donor 4 state engineer draw warrants- on monthly es- timates 7 supervision of construction 6 ASSIGNMENTS— assignee pay unclaimed dividends on order of court 1 distribution pro rata : 1 dividends unclaimed for one year 1 notice of final distribution 1 ATTACHMENT- affldavit for 1 grounds of 1 when justice of the peace has Jurisdiction 1 ATTORNEY GENERAI^ may appoint deputy 1 authority of deputy 1 salary 1 ATTORNEYS AT LAW— must obtain license to practice as such 1 penalty for practicing without a license 1 when foreign attorneys may practice in Colorado.. 1 AUDITING BOARD— See state auditing board. B BACA COUNTY- of fifth class for regulation of official salaries 1 of sixth class, salary superintendent of schools 2 Page. 153,154 175 175 3« 24 56 25 25 26 25 25 26 155 155 156 155 282,283 156 156 156 157 157 157 175 175 INDEX. 403 BALLOT— Sec. Page, form of, for election for orgranization of Irrigation district 4 249 for dissolution of irrigation district 48 271 for acquiring lands for park purposes 13 302 for use in voting machine 5 222 to authorize bond issue. in irrigation district 15 257 to vote on constitutional amendment concerning voting machines 2 169^ BALLOT LABEL— See voting machine:^. BEECHER PARK— appropriation for establishment and erection of monument 2 159 auditor draw warrant on state treasurer 2 159 boundaries of 1 158 donation of land for park purposes 3 159 consideration ,. 3 159 established as state park 1 158 failure to erect monument within two years, land reverts to state 4 159 monument erected in 2 159 purpose of park 2 158 under control of and kept by 1 158 BENNET, HIRAM P.— appropriation to pay 1 27 BENT COUNTY— of fifth class for regulation of official salaries 1 175 of fifth class, salary superintendent of schools 2 175 BEQUESTS— See public parks. BIRTHS— report of kept 1 297 BLACKLISTING— See boycotting and blacklisting. unlawful for employer to maintain blacklist 4 161 BOARD OF CAPITOL MANAGERS— certify claims for improvements and repairs 2 90 certify claims for maintenance and support capi- tol building 3 88 BOARD OF LEWIS AND CLARK MANAGERS— See Lewis and Clark Centennial Exposition. BOARDS— See various state boards. 404 INDEX, BONDS— Sec issued by irrigation districts 15 issued for benefit of water works 6 issued to pay for voting machines 6 issued for public park purposes 13 still binding in twelfth Judicial district as by former law 2 BOUNDARIES— of Archuleta county '. 1 of water districts Nos. 39, 42 and 70 1-3 BOULDER COUNTY— of third class for regulation of official salaries 1 of second class, salary sup^intendent of schools.. 2 BOYCOTTING AND BLACKLISTING— fair opinion of employe's qualifications not. con- sidered a black list 4 unlawful, for employer to maintain a blacklist 4 to patrol streets, etc., for purpose of boycot- ting ' another's business 1 to print or circulate any notice of boycott 2 to publish name of any public oflJcer in boy- cott notice 2 to ticket works or mines or buildings for pur- pose of boycott 1 to use threats or force to prevent any person from engaging in lawful occupation 3 violation of act misdemeanor, penalty 5 BRACES- distance above highway 1 failure to maintain at the proper height, misde- meanor 1 penalty 1 BRIBERY— See criminal code. BRIDGES— Animas river- appropriation for construction of 1 auditor draw warrants 5 bids and contract 4 board determine location 3 board of construction composed of 2 . plans and specifications 4. Arkansas river- appropriation for construction of ,. .. 1 auditor draw warrants 8 bids, plans and specifications 3, 4 board of construction 2 contract and contractor's bond 4 Pasre. 257 364 224 302 181 153 243 174 175 161 161 160 160 160 160 161 161 162 162 162 28 28 31 30 30 30 INDEX. 405 BRIDGES— Continued. Sec. Page. Arkansas river— continued. Inspector of construction 5 30 insufficiency of funds 9 31 location determined by state engineer 1 29 public highway 7 30 state engineer certify vouchers to auditor 6 30 state engineer draw vouchers 8 31 Arkansas river- appropriation for construction of 1 32 auditor draw warrants 6 33 bids and contract 4 32 board of construction 2 32 deficiency of funds 7 S3 location of bridge 1 32 plans and specifications .* 3 32 public highway 5 33 treasurer pay with state warrants 7 33 warrants received at par 7 33 Bijou creek- appropriation for construction of 1 34 • auditor pay warrants 8 34 bids and contract 2 34 board of construction composed of 2 34 board selects route 2 34 location 1, 2 34 Clear creek- appropriation for construction of 1 35 auditor draw warrants 7 36 . bids and contract 4 36 board certify sum to auditor 7 36 board of construction 2 35 contractor's bond 4 36 location of bridge 1 35 plans and specifications 3 35 public highway 5 36 repair after completion 6 36 Clear creek- appropriation for completion of 1 37 auditor draw warrants 3 37 board of construction 2 37 Conejos river- appropriation for bridge in Conejos county 1 38 board advertise for bids 3 39 board advertise for plans and specifications 2 39 in case appropriation is insuflacient 3 39 no money to meet appropriation 1, 6 38, 39 personnel of board of construction 2 39 public highway 4 39 state warrants received by contractor at par.... 1, 6 38, 40 treasurer pay auditor's warrants with state warrants 1, 6 38, 39 upon completion auditor draw warrants 5 39 406 INDEX. BRIDGES— Continued. Sec. Pagre. Dolores river- appropriation for construction of 1 40 auditor draw warrants 7 41 bids and contract ! 4* 41 board of construction 2 40 determine location 1 40 plans and specifications 3 41 public highway 5 41 repairs 6 41 Las Animas river- appropriation for construction of 1 42 auditor draw warrants 7 43 bids 4 43 board of construction 2 42 insufficiency of appropriation 4 13 location 1 42 plans, board advertise for 3 42 public highway 5 43 repairs after completion 6 43 Rio Grande river — appropriation for construction of 1 44 auditor draw warrants 6 45 bids and contract .3 44 board of construction 2 44 plans and specifications 2 44 public highway 4 44 repairs after completion 5 45 Rio Grande river- appropriation for construction of 1 45 auditor draw warrants 6 46 bids, contract and contractor's bond 4 46 board of construction 2 46 insufllciency of funds 7 46 treasurer pay with state warrants 7 46 warrants received by contractor at par... 7 47 location .' 1 46 plans and specifications 3 46 public highway 5 46 San Juan river- appropriation for bridge in Archuleta county 1 47 auditor draw warrants 7 48 bids and contract 4 48 board advertise for plans 3 48 board determines location 1 47 members of board , 2 47 public highway 5 48 repair of bridge after completion 6 48 SarcIUo Canon Arroyo — appropriation for construction of 1 49 bids and specifications 3 49 board of construction 2 49 location 1 49 INDEX. 407 BRIDGES— Continued. Sec. Page. Tampa river— appropriation for construction of 1 50 auditor draw warrants 5 51 bids and specifications 3 51 board of construction 2 51 deficiency of funds 1 50 treasurer pay with state warrants 1,6 50,51 warrants received at par 1, 6 50, 61 insufficient appropriation 3 51 location determined by board 2 51 public higrhway 4 51 BUREAU OF CHILD AND ANIMAL PROTECTION— See state bureau 9f child and animal protection. ^ memorial recommending the establishment of a national bureau 375 BURDETTE, W. N.— appropriation to pay 2 53 assigmee of O. C. French... 1 52 authority for voucher 1 53 evidence of indebtedness ^... 1 52 for services rendered by O. C. French 2 53 BURIAL— * See soldiers and sailors. BUSH, JAMES S.- approprlatlon to pay 1 53 c CANAI^ See irrigation districts. CATTLE— See live stock. CHAFFEE COUNTY— of fourth class for regulation of official salaries... 1 175 of fourth class, salary superintendent of schools... 2 175 CHALLENGE— professional gambling, ground for 1 281 service on jury within one year, ground for 1 280 CHANGE OF VENUE— See code of procedure. CHATTEL MORTGAGE- See conveyances. CHEYENNE COUNTY- of fifth class for regulation of official salaries 1 175 of fifth class, salary superintendent of schools 2 175 408 INDEX. CHILDREN— Sec. Pagre. county court has Jurisdiction over persons respon- sible for dependency or negrlect of 1 163 may issue execution agralnst property of de- fendant 5 164 application of moneys collected upon exe- cution 5 164 construction of act 6 166 persons responsible for dependency or neglect of, grullty of misdemeanor, penalty 1 163 support of, committed to institutions 1 295 unlawful to assault or take liberties with 1 181 CITT AND COUNTY OF DENVER— • See trust deeds. of first class for reg^ulation of official salaries 1 174 of first class, salary superintendent of schools 2 175 CITT ORDINANCES- See ordinance. CIVIL CODE— See code of procedure. CLEAR CREEK COUNTY— of fourth class for resrulation of official salaries... 1 175 of fourth class, salary superintendent of schools.. 2 175 COAL LANDS- See state lands. CODE OP PROCEDURE— actions now pending shall be transferred to proper county 1 166 actions tried in county where property or greater part thereof is situated 1 166 amendment to chapter 2, act of April 7, 1887 1 165 Jurisdiction of court after application for transfer of action made.. 1 166 transfer of action by court upon application of any party to action « 1 166 service made by publication on domestic corpora- tion 1 167 when allowed 2 167 COLORADO bCHOOL OF MINES— appropriation for building and improvements 1 64 CONDEMNATION— of land, for irrigation ditches, etc 26 264 for park purposes 17 304 for water works purposes 13 36& INDEX. 409 CONEJOS COUNTY— Sec. Pagre. of fourth class for resrulation of official salaries 1 175 of third class, salary superintendent of schools 2 175 terms of court 1 • 180 CONSTITUTIONAL AMEINDMENT— sec. 8 of art. 7 submitted to the qualified electors at next general election 1 168 ballots 2 169 canvass of votes 3 169 CONTRACT— court order, execution of 3 372 notice of application for specific performance served on executor or administrator 2 372 specific performance by executor or administrator. 1 371 CONVEYANCES— of household groods made by husband or wife 1 170 CONVICT LABOR— convicts granted additional good time 3 172 convicts not used as skilled laborers 2 171 upon written request of county commissioners war- den detail convicts to work upon roads, etc 1 171 when city to pay expense of guards and furnish tools 1 171 when county to pay expense of guards and furnish tools 1 171 CORPORATION S— extension of term- act does not apply to toll road companies act does not enlarge powers certificates of renewal filed with county clerk and secretary of state corporation whose charter has expired certificate filed within what time fees for filing certificate extension of term does not extend or renew franchises special meeting of stockholders called notice of meeting question of extension of term submitted to stockholders ballot summons, service of on domestic COSTILLA COUNTY— of fourth class for regulation of official salaries., of sixth class, salary superintendent of schools — terms of court 1 174 1 174 1 173 1 173 1 173 1 173 1 174 1 172 1 173 1 173 1 173 1 167 1 175 2 175 1 180 410 INDEX. COUNTIES— Sec. Page, classification of, to regulate salaries of county and other officers 1 174 division of fourth class counties into A and B. 1 175 to regulate salaries of county superintendents of schools 2 175 mileage and compensation 2 176 COUNTY CLERK— grant licenses to itinerant vendors 4 275 keep records of licenses issued to itinerant ven- dors 7 277 keep records of all fees paid for licenses 7 277 COUNTY COMMISSIONERS— arrange and provide books of registration 7 198 canvass returns for organization of irrigation dis- trict 5 249 defined 2 189 define boundaries and divide irrigation districts 3 248 fix rate of tax levy for irrigation districts 20 260 may sign certificate of applicant for itinerant ven- dor's license 4 275 number precincts 3 191 terms of office in Arapahoe and Adams counties 1 176 COUNTY COURTS— ' issue citation to bondsmen upon forfeiture of bond. . 5 164 failure to appear default entered in favor of the people 5 164 jurisdiction over persons responsible for depend- ency or neglect of children 1 163 may suspend sentence upon defendant furnishing bond for support of children 2, 3 163, 164 terms of in Arapahoe county 1 179 COUNTY SUPERINTENDENTS OF SCHOOLS— classification of counties for regulation of salaries. 2 175 COUPONS— See gift enterprise. COURSING— See animals. COURT OF APPEALS— causes pending in transferred to supreme court 1 177 records of become records of supreme court 1 178 COURTS OF RECORD— terms of in twelfth district 1 180 causes now pending 2 180 manner of proceeding with 2 180 proceedings on bonds 2 181 terms of in Arapahoe county 1 179 INDEX. 411 CRIMINAL CODE— Sec. Page. bribery- attempt 1 183 of judicial officer 1 182 of member of assembly 1 182 of member of board of aldermen 1 182 of member of city council 1 182 of officers of irrigation district 27 264 penalty 1 183 receiving or agreeing to receive— penalty 1 184 unlawful to assault or take liberties with children. 1 181 penalty 1 181 CUSTER COUNTY— of fifth class for regulation of official salaries 1 175 of fifth class, salary superintendent of schools — 2 175 D DAY- See eight-hour law. DEATHS- report of kept DECREE— no further publication of notice after entry of, in water right proceedings of divorce by jury of less than six DEEDS— See tax deeds; trust deeds. DEER— open season DELTA COUNTY— of fourth class for regulation of official salaries of third class, salary superintendent of schools DENTISTRY— practicing dentistry without license, misdemeanor DESECRATION— of flag of U. S. or Colorado DESERT LAND LAWS— memorial opposing repeal of DISTRICT COURT— appeals to by persons convicted of neglect of children jurisdiction of violation of itinerant vendor act of Garfield county- has jurisdiction over water districts 39 and 70... of Mesa county- has jurisdiction over water district No. 42 terms of in twelfth judicial district 297 244 185 239 175 175 184 1 237 373 1 163 16 279 5 244 5 244 1 180 412 INDEX. DITCHES- Sec. See irrigration districts. DIVORCE- heretofore granted by jury of less than six made valid 1 DOCKING- See horses. DOLORES COUNTY— of fifth class for regulation of official salaries 1 of seventh class, salary superintendent of schools. 2 DOMESTIC CORPORATION— service on, by publication 2 DOUGLAS COUNTY— of fourth class for regulation of official salaries — 1 of fourth class, Salary superintendent of schools.. 2 DOVES- open season 1 DUMB ANIMALS— See animals. DURANGO HATCHERY— See fish hatcheries. E EAGLE COUNTY— of fourth class for regulation of official salaries 1 of fourth class, salary of superintendent of schools 2 EIGHT-HOUR LAW— breach of, misdemeanor 3 miners and smelters, limitation of hours of labor.. 1 ELBERT COUNTY— of fifth class for regulation of official salaries 1 of fourth class, salary of superintendent of schools 2 ELECTION CONTEST— Peabody vs. Adams- appropriation to pay expenses of 1 auditor draw warrants 1 ELECTION JUDGES— for establishment of water works 5 for organization of Irrigation districts 3 how appointed 5 for regrular elections in irrigation districts 7 how appointed 7 regrlstration committee in cities over 5,000 act as...* 3 Page. 185 175 175 167 175 175 239 175 175 285 284 175 175 251 251 190 INDEX. • 413 ELECTIONS— Sec. Pagre. See registration; voting machines. ELECTORS— See registration. qualifications of, to vote for acquirement of public parks 13 302 to vote for acquirement of water works 5 363 to vote for organization of irrigation districts.. 4 249 registration of, in cities of over 5,000 population.... 1 188 EL PASO COUNTY— of second class for regulation of official salaries... 1 174 of first class, salary superintendent of schools 2 175 EMINENT DOMAIN— for irrigation districts 26 264 for public park purposes 17 304 to condemn water works , 13 360 EMPLOYER— unlawful for, to maintain blacklist 4 161 EMPLOYMENT— at which more than eight-hour day Is forbidden 1 284 EQUIPMENT— conditional sale of railroad 1 305 ESTATES^ See wills. contracts of deceased executed specifically— when.. 1 371 how represented in irrigation districts 39 267 ESTRAY FUND— surplus from sale of seized cattle goes into 1 288 EVIDENCE— possession of marked fiag prima facie, of violation of act 1 238 registration books, etc., in criminal proceedings 14 213 EXAMINATION— for certificate as registered nurse 3 354 for license to practice medicine 7 347 EXECUTION— issues against property of defendant for support of children committed to state Institutions 2 296 sale of lands to state under 47 339 EXECUTOR- deed executed by, when 4 372 by order of court 3 372 specific performance of deceased's contract by 1 371 sign or object to petition to change boundaries of irrigation districts 39 267 414 • INDEX. EXPLOSIVES AND FIREWORKS— Sec. Page. police authorities regulate time and conditions of igniting fireworks , 2 231 unlawful to have in possession toy pistols, ex- plosive canes, etc 1 231 violation of act, penalty 3 231 F FAIRS— See state fair. FEES— for certificate of purchase, lease, etc 11 323 for certificate of registration 14 214 for certificate of taxes due 2 309 for change of registration by county clerk 16 215 for incorporation of water users' association 1 361 for notice of request for tax deed ; 5 313 of oflScers, Larimer county 1 285 to obtain license as Itinerant vendor 5 • 276 to obtain license to practice medicine 6 347 to obtain license to practice as registered nurse 3 354 FELONY— bribery of judicial or ministerial officer 1 182, 183 impersonation of licensed physician 12 351 interfering with Judges and watchers of election... 22 218 making false answer for purpose of registration 18 216 presenting forged or false certificate to obtain license to practice medicine 12 351 taking Improper liberties with children 1 181 tampering or interfering with voting machine 22 230 wilful alteration, destruction or loss of registra- tion lists by committeemen 19 216 wilful stealing, destruction or alteration of regis- tration lists 19 216 FIFTEENTH GENERAL ASSEMBLY- approprlation for part expense 6 65 general appropriation for expense 2, 3 73 FIREWORKS— See explosives and fireworks. FISH- open season 1 239 trout 1 239 size of 1 239 public has right to fish in streams '... 1 239 FISH AND GAME COMMISSIONER— select site Del Norte hatchery 2 233 select site Glenwood hatchery 2 234 INDEX. FISH HATCHERIES— Sec. Del Norte hatchery- appropriation for purchasing site, erecting and stocking 1 auditor draw warrants 4 construction 3 fish and game commissioner select site 2 Durango hatchery- appropriation for erection of superintendent's residence at Durango hatchery 1 ^auditor draw warrants 1 supervision of construction 1 Glenwood hatchery- appropriation for purchasing site, erecting and stocking 1 auditor draw warrants 5 construction of hatchery 2 fish and game commissioner select site 2 cost of site 2 in charge of superintendent 4 salary of 4 insufficiency of appropriation 3 Grand county hatchery- appropriation for purchasing site, erecting and stocking branch fish hatchery Grand county... 1 auditor draw warrants on vouchers approved by governor 7 cost not to exceed appropriation 3 designated Grand county hatchery 2 in charge of one assistant, how appointed and salary 5 appropriation for salary 6 supervision of construction 4 FLAGS- construction of word "flag" 1 desecration of, misdemeanor, penalty 1 design of on package, etc., unlawful 1 possession of unlawful design 1 unlawful to mutilate, etc 1 unlawful to place advertisements, etc., on 1 FRANCHISE— See ordinance. for railway within public park not granted 11 for special privilege within park not granted 11 FRAUD- in sale of goods by itinerent venhor, penalty 15 used in obtaining medical license grounds for can- celation 10 used to obtain lease on state lands grounds frr cancelation 17 FREMONT COUNTY— of third class for regulation of official salaries 1 of second class, salary superintendent of schools.. 2 415 Page. 233 23a 232 232 234 235 234 234 234 235 235 234 236 236 237 237 237 237 302 276 348 174 175 416 INDEX. G GAME— Sec. Page. open season, deer 1 2^ doves 1 239 prairie chicken and grouse 1 239 G. A. R. ENCAMPMENT— appropriation for reception and entertainment 3 68 auditor draw warrants 4 68 on orders countersigned by governor 4 58 board of commissioners 2 58 duties of 2 68 report of 6 58 treasurer of commission execute bond 5 68 GARFIELD COUNTY— bear expense of water commissioner in district 70.. 6 244 fourth clELSs for regulation of official salaries 1 175 third class, salary superintendent of schools 2 175 GENERAL ASSEMBLY— See fifteenth general assembly. qualification of employes of 1 240 GIFT ENTERPRISE- defined 2 241 forbidden 1 241 a misdemeanor 5 242 includes indefinite exchanges 4 242 includes trading stamps 3 242 GILPIN COUNTY— of fourth class for regulation of official salaries.. 1 175 of third class, salary superintendent of schools — 2 175 GOVERNOR OF STATE— appoint board of Lewis and Clark managers 2 77 appoint board of medical examiners 2 345 appoint board of nurse examiners 1 352 execute land patents 7 322 GRAND COUNTY— of fifth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools — 2 176 GRAND COUNTY HATCHERY— See fish hatcheries. GRANTEE— pays taxes when.. 3 309 GRANTOR— pays taxes when 3 309 INDEX. 417 GROUSE— Sec. Pa«e. open season 3 239 GUARDIAN— sign or object to petition to ch&nge boundaries of irrigation district 39 2K7 GUARDIAN AND WARD— See parent and child. GUNNISON COUNTY- of fourth class for regrulation of official salaries... 1 ITo of fourth class, salary superintendent of schools... 2 175 H HINSDALE COUNTY- of fifth class for regulation of official salaries 1 175 of seventh class, salary superintendent of schools. 2 175 HOME FOR DEPENDENT AND NEGLECTED CHILDREN— See state home for dependent and neglected children. HORSES— description of docked horses furnished to bureau of child and animal protection 1 186 docked horses allowed in this state for breeding and exhibition purposes 1 186 HOUSEHOLD GOODS— See conveyances. HOUSE OF REPRESENTATIVES— See general assembly. HOW. D. F.— 'appropriation to pay 1 76 HUERFANO COUNTY- of fourth class for regulation of official salaries — 1 175 of third class, salary superintendent of schools — 2 175 HUSBAND AND WIFE— conveying or mortgaging household goods 1 170 I INDEBTEDNESS— bonded, created for water works 3, 8 • 362, 365 creation of, for irrigation districts by board of directors 28 264 question of, submitted to electors for acquisition of park 13 302 14 418 INDEX. INDUSTRIAL. SCHOOLS— Sec. See state industrial schools. INJUNCTION- issue against debtor of state land board, when 47 INSANE ASYLUM— See state insane asylum. INSANE PERSONS— See lunatics; wills. INTER-STATE COMMERCE ACT— resolution urgring amendment of IRRIGATION— boundaries of district No. 39 1 boundaries of district No. 42 3 boundaries of district No. 70 2 districts 39 and 70 remain in division 5 4 district 42 remain in division 4 4 district court of Garfield county retain Jurisdiction over 39, 70 5 district court of Mesa county retain Jurisdiction over 42 5 expenses of water commissioner of district No. 70.. 6 notice in water right proceedingrs after adjudi- ' cation 1 water users' association- exempt from income or franchise tax 1 fee for filing and recording articles of incor- poration 1 furnish recorder with books for recording stock subscriptions 2 recorder's fees 2 IRRIGATION DISTRICTS— assessor assess lands in 19 assess acres equally 19 make return to county commissioners 19 ballots, form of for organization 4 form of, on question of bond issue 15 form of, for dissolution ' 48 boundaries, defined by county commissioners 3 changed on admission of contiguous territory if no protest filed 36 may be changed without changing existing con- tracts 31 board of directors, appoint Judges of regular elec- tion 7 apportion water 11 audit claims 24 canvass returns, in public 9 canvass votes for dissolution of district 49 Page. 243 243 243 243 244 244 244 361 361 249 257 271 267 251 254 252 271 INDEX. 419 IRRIGATION DISTRICTS— Continued. Sec. Page board of directors— continued. certify order of dissolution 49 " 271 certificate attached to 49 271 declare result of elections 9,10 * 252 determine amount of bonds to be issued 15 256 'duties and powers of 11 253 enter upon duties, when 5,6 250 entitled to take conveyances 14 255 estimate expenses for ensuing year 18 259 certify estimate to county commissioners — 18 259 establish precincts in territory annexed 40 268 file order and plats of annexed territory 37 267 file petition for Judicial examination of bonds.. 51 272 file plats and order after exclusion of lands 46 270 institute actions 14 255 how board appears in 14 255 issue certificates of election 10 252 may admit or reject territory 36 267 may apply bonds as purchase money 16 259 may construct work across streams, etc 26 264 when eminent domain exercised 26 264 may enter upon lands to make surveys, etc 12 254 may grant or refuse petition for exclusion of lands 45 269 may lease, rent or contract for water 11 254 may sell bonds, when and how 16 258 meetings, regular and special 12 254 public 12 254 quorum at 12 254 records kept of 12 254 open for inspection 12 254 special, how called 12 254 members of, can not be interested in or receive benefit of contract 27 264 felony, penalty 27 264 enter upon duties, when 5,6 250 how elected 3 248 oath and bond of 6 250 term of ofllce of 10 252 ofilce of, where located 7 251 organization of ^. . • 11 253 ' ' election of officers 11 253 power to condemn land.., 12 255 rules and regulations of 11 253 distribution of 11 254 salaries of members 27 264 secretary of 3 249 submit question of bond issue to electors 15 256 notice of election posted and published 15 256 contents of 15 256 form of ballots in 15 257 submit question of additional issue of bonds 15 258 vacancies in, how filled 10 253 420 INDEX. IRRIGATION DISTRICTS-Contlnued. Sec. bonds, amount of, how determined 15 additional issuance of 15 authority to Issue, how derived 15 denomination and form of 15 interest coupons used in payment of taxes 21 interest on 15 Judicial examination of 50 mature in less than twenty years 15 payment of 17 record of kept 15 sale of, notice of, published 16 sealed bids 16 when opened 16 selling price of 16 show authority for issuance 16 used in payment of taxes 21 when and where payable 15 when issued 15 when used as purchase money 16 boundaries of, how determined 3 claims, must be audited by board 24 must be verified 24 warrants issued to pay 24 draw interest 24 endorsed by treasurer 24 when paid 24 construction of canals, etc 23 award of contract for construction 23 contractor's bond 23 bids for may be rejected 23 board advertise for bids 23 plans and specifications 23 contracts, for water from outside districts 13 ratification of contracts by electors, when 11 county commissioners, allow petition 3 appoint election judges, when 3 call election for organization 3 canvass votes for organization 5 declare results of organization election 5 file order and plats In accordance 5 define boundaries 3 divide district 3 establish election precincts 5 examine petition 3 fix rate of tax levy 20 may exclude or include lands in organization.. 3 county treasurer, ex-ofllcio district treasurer 21 accounts kept by 21 no extra compensation 21 district treasurer, county treasurer ex-offlcio 21 make monthly report to board 21 keep register of warrants issued 24 receive district moneys 21 ditches, when not Included In 1 Page. 256 258 258 257 261 257 271 258 259 258 258 258 258 259 25S 261 267 257 25& 247 262 263 262 263 263 263 262 262 262 255 253 248 248 248 249 249 250 247 248 250 247 260 247 260 261 261 261 261 263 246 INDEX. 421 IRRIGATION DISTRICTS— Continued. Sec. dissolution of, petition, notice, election and ballots. 48 division of district for oreranization 3 election, called by county commissioners for or- eranization 3 canvass of votes of 5 clerk of, deliver returns of 8 judges of, appointment of 5, 8 chairman of 8 powers of 8 oath of 8 vacancies in, how filled 7 of board of directors 3 precincts, how established 5 qualification of electors at organization 4 regular, when held 6 result of, declared by board... ^ 9 statement of, filed by secretary of board 10 contents of 10 returns of, not rejected 9 board canvass in public 9 expenses of, how. met 25 former ditches, etc., exempt from 1 franchises of, exempt from 1 Indebtedness in excess of act, void 28 judicial notice taken of 14 lands, contiguous included In district, when 3,32 petition for annexation filed 32 payments required of petitioners .' 35 exclusion and inclusion of 3 owners of, represented by legal representative.. 39 notice, of election for organization 4 of dissolution of district 48 of election for exclusion of lands, when and how given 43 contents of 43 costs of, advanced by petitioner 43 of judicial examination of bond issue 52 how given 52 of regular elections 7 ofllcers of 3 organization, powers 1 deemed regular after filing order 14 unless quo warranto filed 14 order of county commissioners of 5 petition, for organization 2 accompanied by bond 2 contents of 2 denial of 3 reasons for 3 when writ of mandamus lies for 3 informalities in, disregarded 3 publication of 3 Page. 270 248 248 249 252 250. 251 251 251 251 251 248 250 249 250 252 252 252 252 252 263 246 246 264 255 248, 265 247 267 249 271 269 269 272 272 251 249 246 256 '256 249 246 247 246 248 248 248 248 247 422 INDEX. IRRIGATION DISTRICTS-Contlnued. Sec. Page. petition for annexation of contigruous territory 32 263 contents and construction of 32 265 hearing of 34 266 objections to, filed in writing 34 266 failure to file objections 34 266 petition for exclusion of lands 42 268 contents of 43 268 hearing and construction of 44 269 objections to, presented In writing 44 269 petition for dissolution of district 48 270 contents, election and notice 48 271 hearing 48 271 petition for Judicial examination of bonds 51 272 contents of 51 272 hearing of 52 272 notice of how gi.ven 52 272 plats of organized district filed 5 250 of changes in district filed 37 267 of district after exclusion of land 46 270 pleadings in proceedings for examination of bond issue 53 272 property, acquired how 12 254 compensation for, taken 30 265 exempt from taxation 13 255 title to, how taken 13, 14 255 redivision of. If contiguous lands are annexed 40 268 if lands are excluded 47 270 reservoirs not Included in, when 1 246 revenue laws applicable to 22 262 rules and regulations 11 253 distribution of 11 254 state lands, dedication of right of way over for 26 264 taxes, rate of fixed by county commissioners 20 260 rate of increased to cover delinquencies 20 260 warrants, draw interest 24 263 issued to pay claims 24 262 indorsed by treasurer 24 263 made payable to bearer 24 263 order of payment of 24 263 when paid 24 263 water rights, assignment of 11 254 waters, distribution of 11 254 when supply is Insufllclent 29 265 no prescriptive right attaches to 11 254 rental of 11 254 TINERANT VENDOR— act does not apply to commercial travelers or agents 2 274 construction of terms 1 274 conviction for violation of act nullifies license 10 277 failing to comply with requirements of act, pen- alty .» 12 278 INDEX. 423 ITINERANT VENDOR— Continued. Sec. Pa«e. license, application for, made In writing to county clerk '. 6 276 accompanied by certificate of erood morals 4 275 county clerk grant, when 4, 6 275, 276 fees for » 5 276 application of 8 277 forging or counterfeiting license, penalty 11 277 making false statement in application for, pen- alty 12 278 not transferable 6 277 numbered and name of person authorized to act under 6 276 nullified by violation of act 10 277 oath of applicant for 4 275 record of, kept by county clerk 7 277 term of 6 276 must obtain license 3 275 penalty, for making false o'ath in securing license. 14 278 for fraud in sale of goods 15 278 post his name and number of license in conspicuous place 9 277 refusal to pay for license 13 278 county clerk bring action to recover fee 13 278 may attach goods to secure judgment 13 278 selling goods without a license, penalty 12 277 show license when called on so to do 9 277 penalty for refusal to show 9, 12 277, 278 J JEFFERSON COUNTY— of fourth class for regulation of ofliclal salaries.. 1 175 of fourth class, salary superintendent of schools.. 2 17B JUDGED OF ELECTION— See election Judges. JURORS- persons exempt from jury service 1 280,281 that one is a professional gambler, ground for challenge to the poll 1 281 service on jury within one year, ground for ex- cuse and challenge 1 280 JUSTICE OF THE PEACE— » jurisdiction of violation of Itinerant Vendor act 16 279 issue attachment, when 1 282 K KANSAS-COLORADO SUIT— See actions. KIOWA COUNTY- of fifth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools 2 175 424 INDEX. KIT CARSON COUNTY— Sec. Page, of fifth class for regulation of official salaries.. 1 175 of flfth class, salary superintendent of schools — 2 175 L LABOR— See convict labor; eight hour law. LAKE COUNTY- of third class for regulation of official salaries 1 174 of third class, salary of superintendent schools 2 175 LAND— See state lands. donation of, for Beecher Park 1 158 for school houses 35 332 for well in Washington county..; 4 25 LAND BOARD— See State Board of Land Commissioners. LA PLATA COUNTY— of fourth class for regulation of official salaries... 1 175 of fourth class, salary superintendent of schools.. 2 175 LARIMER COUNTY— of fourth class for regulation of official salaries.. 1 175 of third class, salary superintendent of schools 2 175 of third class to regulate fees chargeable by county officers 1 2S5 LAS ANIMAS COUNTY— of third class for regulation of official salaries.. 1 174 of first class, salary superintendent of schools.... 2 175 LEASE— See state lands. LETTERS TESTAMENTARY— See wills. LEWIS AND CLARK CENTENNIAL EXPOSITION— appropriation for erecting building and placing exhibit 1 77 auditor issue warrants upon certified vouchers.... 1 77 commissioners report to Governor 3 78 Governor transmit report to General Assembly 3 78 Governor appoint three commissioners 2 77 commissioners receive no compensation 4 78 except 4 78 officers and employes of commission 2 78 LIBRARIES— See traveling libraries. INDEX. 425 LICENSE— of Itinerant vendor, how obtained to practice medicine, how obtained to practice nursing, how obtained to vend goods near public parks, how obtained. LIENS— See mortgages. not effected by suspension of remedy on railroad equipment retained by vendor, not- withstanding delivery Sec. 4 3 3 11 LIEUTENANT-GOVERNORr- execute land patents in absence of Governor 7 LINCOLN COUNTY— of fifth class for regulation of ofilcial salaries 1 of sixth class, salary superintendent of schools 2 LIVE STOCK— injured on right of way of railroad, employes care for animals 1 acts of company not construed as admission of liability 2 or waiver of claim by owner 2 agent notify owner 1 may be quarantined if Infected 2 must be dipped or sprayed if infected 1 seized and treated, when 1 sold to defray expenses of treatment 1 owner may recover upon payment of costs 1 surplus of sale to estra^ fund, when 1 LOCATION CERTIFICATE— of mining claim on State lands filed with register.. 54 LOGAN COUNTY— of fourth class for regulation of official salaries... 1 of fifth class, salary superintendent of schools 2 LUNATICS— inquest in name of people by whom prosecuted inquest when lunatic charged with crime notice of inquest of lunacy by citation contents of waiver of notice support of Page. 275 345 354 301 292 306 822 175 175 286 286 286 286 288 342 175 175 280 290 290 289 289 289 289 290 M MANDAMUS— when lies In organization of irrigation district. MARRIED WOMEN— See conveyances. 248 426 INDEX. MAYOR— , Sec. Page, approve expenditures made by park commission for park purposes 9 • 301 approve condemnation proceedings for acquiring park 17 304 approve sale of bonds for park purposes 16 304 approve special assessment on real property for park purposes 16 304 MEDICAL EXAMINERS— See State Board of Medical Examiners. MEMORIAL^ opposing repeal of desert land laws 373 relating to the fencing of springs 874 relating to the storage of water for irrigation pur- poses 376 suggelting the creation of a national board of child and animal protection 375 MEMORIAL MONUMENT— appropriation to erect monument on Capitol grounds 1 78 auditor draw warrants 5 79 bids, contract and contractor's bond 4 79 board of erection 2 79 duties of board 2, 3 79 design 4 79 MERCHANDISE— See itinerant vendor. MESA COUNTY- t>ear expenses of water commissioner of District 70. 6 244 of fourth class for regulation of official salaries 1 175 of third class, salary superintendent of schools — 2 176 METZER, CHARLES L.— appropriation for relief of 1 80 auditor draw warrant 2 80 MIDWIVES- keep registry of births and deaths professionally attended , 1 297 MINERAL COUNTY— of fifth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools 2 175 terms of court in 1 180 MINES— unlawful to ticket 1 160 location of on state land 54 S42 INDEX. 427 MINING— Sec. Page. See eight-hour law. MISDEMEANOR— conducting or patronizing gift enterprises 5 242 employment for more than eight hours a day, when 3 285 engaging , dumb animals in combat 3 187 filing petition to purge registration without reason- able cause 11 210 making false statements to procure certificate as registered nurse 8 355 mutilating or defacing fiag of United States or state 1 237,238 persons responsible for neglect or dependency of children when guilty of 1 163 practicing as registered nurse without certificate.. 8 356 practicing dentistry without license 1 184 practicing medicine without a license 12 351 refusal to give information for purposes of regis- tration 6 198 to maintain blacklist or boycott 5 161 to maintain braces less than twenty feet above highway 1 162 MONTEZUMA COUNTY— of fifth class for regulation of official salaries.. 1 175 of fifth class, salary superintendent of schools 2 175 MONTROSE COUNTY- of fourth class for regulation of official salaries 1 175 of third class, salary superintendent of schools 2 175 MONUMENT— See Beecher Park; memorial monument. MORGAN COUNTY— of fourth class for regulation of official salaries.. 1 175 of fifth class, salary superintendent of schools 2 175 MORTGAGES- See conveyances, act does not apply to suits pending at death or adjudication 2 291 foreclosure upon property of one deceased or non compos mentis 1 291 by suit in court of competent jurisdiction 1 291 permission granted by court upon proof of claim 1 291 within one year if letters issue 1 291 lien, etc., not effected by suspension of remedy 3 292 no deficiency judgment unless brought within one year after letters issue 1 291 428 INDEX. Mc McHUGH, HARRY- Sec. Page. appropriation for relief of 1 80 auditor draw warrant 2 80 N NEW METXICO— resolution to admit as separate state 383 NORMAL SCHOOIv- See state normal school. NOTICE— in water rigrht proceedinfrs after adjudication 1 244 left by registration committee while makingr house to house canvass 10 206 mailed to party of application to strike name from registration list 11 208 of, application for specific performance of de- ceased's contracts 2 372 application for franchise 2 293 animals injured on railroad right of way 1 2S6 annual assessment for water 9 366 dissolution of irrigation district 48 271 inquest of lunacy 1 JSW intention to revoke nurse's certificate 5 355 Judicial examination of bonds of irrigation dis- trict 52 272 meetings of and examination by board of nurse f examiners ,. 3 353 petition for annexation of contiguous territory to irrigation district 8S 266 regular elections in irrigation districts 7 , 251 request for tax deed 5 212 sale of seized animals 1 288 sale of state lands 23 328 of election, to authorize establishment of water works 4 362 for organization of irrigation district 4 249 for exclusion of lands from irrigation district.. 43 269 to debtors of land board of time of payments — 47 339 NURSES— See State Board of Nurse Examiners. license to practice as, how obtained 3 353 o OATH- of applicant for license as itinerant vendor 4 276 of officers of irrigation district 6 250 of elector upon registering 10 205 of registration committee 3 193 INDEX. 429 ORDINANCE— Sec. Pafre. franchises must be grranted by 1 292 except for cities for electrict light plant 6 294 majority vote required for passagre . .^ 4 294 must be once read and published before passage... 3 293 certificate showing reading and publication 3 294 must be read twice before passed 3 293 notice of application for, published 2 293 contents of notice 2 293 proof of publication 3 293 OTERO COUNTY— of the fourth class for regulation of official salaries 1 175 of the third class, salary superintendent of schools 2 175 OURAY COUNTY— of fourth class for regulation of official salaries — 1 175 of fourth class, salary superintendent of schools 2 175 OVELrMAN, CHARLES— appropriation for relief of 1 80 auditor draw warrant 2 80 P PALMER, HARRY V.- appropriation for relief of 1 81 auditor draw warrant 2 81 PARENT AND CHILD— parents and guardians liable for expenses of chil- dren committed to institutions such expenses, how recovered form of action to recover reports concerning PARK COUNTY— of fourth class for regulation of official salaries of fourth class, salary superintendent of schools — PARKS— See public parks; Beecher park. PEDLERS— See Itinerant vendor. PENITENTIARY— See state penitentiary. PERJURY- false oath to obtain itinerant vendors' license 14 278 false statements given to registration committee — 6 198 1 295 z 295 2 296 3 296 1 175 2 175 1 297 7 347 1 174 2 175 430 INDEX. PHILLIPS COUNTY— Sec. Page. of fifth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools — 2 175 PHYSICIAN- keep registry of births and deaths professionally attended license to practice as, how obtained PITKIN COUNTY- of third class for regulation of official salaries of fourth class, salary superintendent of schools PLACE OF TRIAL^ See code of procedure. PRAIRIE CHICKENS— open season 8 239 PROFESSIONAL NURSING— See State- Board of Nurse Examiners. PROWERS COUNTY- of fourth class for regulation of official salaries — 1 175 of fourth class, salary superintendent of schools 2 175 PUBLIC HEALTH— See eight-hour law. report of births and deaths to be made contents of by whom made report of antitoxin sold, to be made contents of to whom and by whom made made within twelve hours of date of sale PUBLIC LANDS— See state lands. PUBLIC PARKS— acquired and maintained by cities 1 299 expenditures for park purposes 9 301 franchises for special privileges within park not granted 11 302 franchises for railroads within park not granted.. 11 302 lands— how acquired- acquired by, assessment and bond sale 16 304 sale of bonds 16 304 interest on bonds 18 304 special assessment upon real property in city 16 304 1 297 1 297 1 297 2 298 2 298 2 298 2 298 INDEX. 431 PUBLIC PARKS-Continued. Sec. Page, lands— how acquired — continued. acquired by condemnation 17 304 benefit to other lands ascertained and as- sessed 17 304 park commission condemn real property for park purposes 17 304 proceedings in accordance with 'general laws 17 304 acquired by city council ." 2 299 grrant or bequest must be accepted or re- fused 2,12 299,302 under control of commission 12 302 acquired by purchase- incurring of indebtedness or issuance of bonds suomitted to electors 13 302 form of ballots 13 302 petition of electors 13 303 qualifications of electors — % 13 302 question of purchase submitted to electors.. 13 302 questions submitted by ordinance 13 303 park commission — adopt rules and regulations for control of park. 11 301 acceptance of other public office, effect of 4 300 annual report made to mayor 10 301 city provide office and supplies for 6 300 condemn property for park purposes 17 304 expenditures for park purposes 9 301 fiscal year of 10 301 grant and refuse licenses to vend goods 11 301 mayor appoint commission 3 300 meetings, general and special 8 301 quorum 8 301 no member interested In contract relative to park 4 300 park under control and care of 3 299 qualifications of members 3 299 receive no compensation 4 300 secretary of, appointed by commission 5 300 duties 5 300 salary 5 300 superintendent of, how appointed 7 300 assistants * 7 300 duties 7 300 salaries 7 300 terhi of office 3 300 vacancies, how filled 3 300 park fund, consists of 14 303 drawn upon by certified vouchers 14 303 maximum tax levy 15 303 collection of tax^ 15 303 used for support and maintenance 14 303 property under control of commission 12 302 432 INDEX. PUBLIC TRUSTEE— Sec. Page. for county and city of Denver 1 358 powers and duties 1 359 PUBLIC WATER WORKS— •See water works. PUEBLO COUNTY— of second class for regulation of official salaries... 1 174 of second class, salary superintendent of schools.. 2 175 Q QUARANTINE— of stock Infected with disease 2 288 QUO WARRANTO - Irrigation district deemed regular and legal unless questioned by 14 256 R RAILROADS— legalization of contracts 2 306 lien may be retained notwithstanding delivery 1 306 duration of Hen 1 306 title to railroad equipment may remain In vendor until paid for 1 305 REAL ESTATE— assessed, and condemned for park purposes 17 304 assessed, for redemption of water works bonds 10 368 for payment of water rent 9 366 assessment of, within irrigation district 19 259 sold for taxes, when 4 30U deed, when issued 5 312 form 8 313 RECORDS— of court of appeals transferred to supreme court.. 1 17S REFORMATORY— See state reformatory. REGISTRATION— act, applies to cities of over 5,000 population 1 18S applies to city and county of Denver 24 219 appeal from decision of court on petition to purge (sub. 9) 11 211 canvass, house to house, by committee (sub. 2) 10 205 form of notice to be left at house (sub. 3) 10 206 time of commencing (sub. 2) 10 205 certificate of registration 14 214 challenge to registration (sub. 1) 11 207 INDEX. 433 REGISTRATION— Continued. Sec. Pagre. changring address, elector may change ten days prior to election 12 211 city elections, registration committee perform like duties as in other elections 20 217 clerk of court, certify to county clerk list of names fraudulently registered (sub. 5) 11 210 mail notices of filing petition (sub. 1) 11 207 clerks of precincts, how appointed 17 216 copies and returns of, certificate attached to (sub. 2) 5 196 committeemen may make daily copies... (sub. 1) 5 196 duty of members to certify (sub. 1) 5 196 corrections and additions to, when may be made (sub. 3) 5 196 filed with county clerk (sub. 2) 5 196 four copies to be made (sub. 2) 5 196 county chairman, certify names to county clerk for registration committee (sub. 3) 3 190 designate choice of members for committee (sub. 3) 3 191 may protest against registration (sub. 2) 10 206 submit names to county clerk to fill vacancies (sub. 3) 3 191 submit names for temporary registration com- mittee '. 21 217 county clerk, deliver registration lists to elec- tion judges 13 212 determine which party is entitled to third member of committee (sub. 3) 3 191 fees of, under this act (sub. 1) 16 215 for furnishing registration lists (sub. 3) 16 215 furnish certificate of registration to elector 14 214 issue certificates of appointment (sub. 4) 3 192 mail, copy of petition to county chairmen (sub. 2) 11 209 copy of protest to county chairmen... (sub. 2) 10 206 list of appointments to county chairmen (sub. 4) 3 192 notice of filing of petition (sub. 1) 11 207 make and file list of registration committee ....(sub. 2) 3 190 notify chairmen of vacancies (sub. 3) 3 191 provide books and supplies (sub. 1) 10 204 strike fraudulent names from lists (sub. 5) 11 210 county commissioners, provide books, return sheets, etc (sub. 1) 7 193 criminal proceedings, registration books, etc., evidence in — 14 213 definition and construction of terms- city (sub. 6) 2 189 computing time (sub. 8) 2 189 county clerk (sub. 4) 2 189 county commissioners (sub. 5) 2 189 434 INDEX. REGISTRATION— Continued. Sec. Page. definition and construction of terms— continued. Judges of election (sub. 3) 2 189 liberal construction of act (sub. 9) 2 190 majority of regristration committee (sub. 1) 2 189 masculine pronoun include feminine 14 214 orderly enter (sub. 7) 2 189 population of cities, how determined (sub. 6) 2 189 reasonable hours (sub. 2) 2 189 regristration committee (sub. 3) 2 189 electors, changing address 12 211 form of oath by (sub. 1) 10 205 may secure certificates of registration from county clerk 14 214 questions to be answered by 9 201 registration of in cities of 5,000 population 1 188 election cases, special prosecution of 23 218 district attorney file complaint 23 218 have precedence over other cases 23 219 election precincts, boundaries of not changed within five months prior to election 15 214 new, contain not more than 500 voters 15 214 on creation of new. committee appointed 15 214 fraudulent registration, committee may strike names from list (sub. 2) 10 206 no fee charged if name restored (sub. 2) 10 206 party may apply to court for restoration (sub. 2) 10 206 felony, interfering with judges and challengers... 22 218 alteration, destruction or loss of lists 19 216 violation of registration law 18 216 lists, to be posted (sub. 10) 11 211 copies to be furnished in sealed envelopes 13 213 county clerk furnish copies to election judges... 13 212 county clerk forfeit |10 for each nanie omitted or added 13 212 party Injured recover from clerk 13 212 custody of 13 213 registration committee call in person for 13 21.*^ tampering, altering or meddling with (sub. 10) 11 211 misdemeanor, filing petition for purging registra- tion without reasonable cause (sub. 6) U 210 refusal to give information for purposes of reg- istration (sub. 2) 6 198 notice, county clerk mall to party challenged (sub. 1) 11 207 failure of, not to defeat purpose of act... (sub. 9) 2 190 left at houses by registration committee (sub. 3) 10 206 oaths, preserved by county clerk 14 213 registration committee may administer.. (sub. 1) 6, 10 198,205 penalties, for failure of member of committee to perform duties 19 216 stealing, destroying, etc.. of registration books.. 19 216 wilful loss or destruction of books by commit- teemen 19 216 iNDEijs:. 435 REGISTRATION— Continued. Sec. Paffe. pleadiners, upon petition to purge registration (sub. 8) 11 ao protests against, at meeting of committee... (sub. 2) 10 206 copy of mailed to county chairmen (sub. 2) 10 206 two copies of filed with committee (sub. 2) 10 206 purging of, by petition filed in court (sub. 1) 11 207 committee notify persons of hearing -.(sub. 3) 11 209 cqvLTt investigate charges summarily (sub. 5) U 209 court issue subpoenas (sub. 9) U 211 decision of court final, except (sub. 9) 11 211 duplicate copies of petition to be filed (sub. 2) 11 209 filing of petition without reasonable cause (sub. 6) 11 210 form of notices of to be mailed by clerk of court (sub. 1) 11 207 hearing upon petition to be summary (sub. 7) 11 210 right to registration, how established in court (sub. 4) 11 209 registration books, etc., form of 8 199 furnished' by county commissioners 7 198, 199 left in custody of clerk 14 214 majority of committee certify (sub. 4) 5 197 form of certificate (sub. 4) 6 197 originals delivered to county clerk, when (sub. 4) 5 197 preservation and destruction of 14 213 registration committee, act as election judges (sub. 1) 3 190 act in city elections 20 217 call on clerk for registration lists 13 213 certify registration books (sub. 4) 5 197 form of certificate (sub. 4) 5 197 compensation of (sub. 2) 16 215 contempt, committeeman failing to appear in court (sub. 3) 11 209 county clerk, provide with books and supplies (sub. 1) 10 204 issue, certificates of appointment (sub. 4) 3 192 county commissioners provide supplies for (sub. 2) 7 199 employes of city not eligible to act on — (sub. 3) 3 192 failure to perform duties, action instituted for removal 4 194 fees and compensation 16 215 list of appointments, how kept (sub. 2) 3 190 to be public records (sub. 4) 3 193 may employ clerical assistance (sub. 3) 16 215 oath, of committeemen, filed with county clerk (sub. 5) 3 193 before what officer taken (sub. 5) 3 193 failure to make and file (sub. 5) 3 • 194 form of (sub. 5) 3 193 office holders not eligible to act on (sub. 3) 3 192 436 INDEX. REGISTRATION— Continued. registration committee— continued. one political party entitled to third member (sub. 3) how determined (sub. 3) perform duties in city elections register electors (sub. 1) removal of committeeman, not aftect validity ot acts performed notice to committeeman of removal procedure, when by complaint upon complaint filed by county chairman upon complaint filed in district court rights of committee to obtain information false swearing before (sub. 1) person refusing to give information.... (sub. 2) selection of first two members of (sub. 3) of third member (sub. 3) sign and certify copies of registration (sub. 1) sit for registration of electors not registered by canvass (sub. 2) temporary, when and how appointed terms of office of members (sub. 2) third member, how chosen (sub. 3) vacancies in, how filled (sub. 3) in case of removal, how filled repeal temporary registration committee, when and how appointed to act until first Tuesday in July, 1906 watchers and challengers, allowed as now provided by law duty of judges to protect may appoint alternate need not be residents of precincts RELEASE— of trust deed, by public trustee of city and county , of Denver , ' by sheriff of city and county of Denver ' by treasurer of city and county of Denver REPEAL- See acts repealed. RESERVOIRS— Rio Grande river- appropriation for maps, surveys, auditor draw warrants commission of supervision memorial concerning Sec. 6 6 6 3 3 5 10 21 3 3 3 4 25 21 21 22 22 Page. 191 191 217 190 195 194 194 194 195 198 138 198 191 191 196 206 217 190 191 191 195 219 217 217 218 218 218 218 358 359 360 etc. 307 307 307 376 RESOLUTION- relating to admission of Arizona and New Mexico. urging amendment of inter-state commerce act 384 INDEX. 437 REVENUE— Sec. Page. See taxes; tax deeds. RIGHT OF WAY— across state lands dedicated to U. S. for irrigation purposes 35 333 city may condemn for water works .13 369 dedication of, on state lands for irrigation purposes 26 264 RIO BLANCO COUNTY— of fifth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools 2 175 RIO GRANDE COUNTY— of fourth class for regulation of official salaries 1 175 of fourth class, salary superintendent of schools 2 175 terms of court 1 180 ROADS— See wagon roads. ROLLIN, FREDERICK C— name changed to 1 279 ROUTT COUNTY— of fourth class for regulation of official salaries 1 175 of fifth class, salary superintendent of schools 2 175 s SAGE CHICKENS- open season 1 239 SAGUACHE COUNTY— of fourth class for regulation of official salaries 1 175 of fourth class, salary superintendent of schools... 2 175 terms of court 1 180 SAILORS— See soldiers and sailors. SALARIES— counties classified for regulation of 1 174 county superintendent of schools 2 175 of attorney-general 1 156 SALES— of goods by itinerant vendor 1 274 SAN JUAN COUNTY- of fourth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools 2 175 438 INDEX. SAN MIGUEL COUNTY— Sec. Pa«e. of fourth class for regrulation of official salaries 1 175 of fifth class, salary superintendent of schools 2 175 SCHOOL LANDS— See state lands. SECRET ART. OF STATE- prescribe rules for printing ballots 7 225 shall provide rules and regrulations for use of vot- Iner machines 7 225 sign and attest land patents 7, 24 322, 330 SEDGWICK COUNTY- of fifth class for regulation of ofllcial salaries 1 175 of sixth class, salary superintendent of schools 2 175 SENATB- See general assembly. SMELTING WORKS- See eight-hour Jaw. SOLDIERS AND SAILORS- burial of 1 317 expenses of, when paid by county 1 317 SPECIFIC PERFORMANCE— See wills. STAMPS- See gift enterprises. STATE AUDITING BOARD— allow requisitions for supplies 4 64, 74 audit bills 5 64, 75 contingent fund under control of 4 63. 74 meetings and records of 4 64, 74 STATE AGRICULTURAL COLLEGE— appropriation for supplementing and extending in- struction 1 82 determination of lines of work 1 83 officers conduct farmers institute 5 84 STATE BOARD OF AGRICULTURE— appropriation 5 )£4 auditor draw warrants 7 84 award premiums for exhibits at state fair 2 92 compensation of members 1 318 establish farmers institute 5 84 majority constitute a quorum 1 318 prepare and adopt lines of work for agricultural college 1 83 see to distribution of funds 6 84 vacancies filled by majority of board 1 318 INDEX. 439 STATE BOARD OF HEALTH— Sec. Page, report to be made to by local boards of health 3 296 STATE BOARD OF HORTICULTURE— award premiums for exhibits at state fair 3 92 STATE BOARD OF LAND COMMISSIONERS- See state lands. adopt rules 2 820 adverse claims of persons to lands held by 30 331 appoint appraisers 10 323 salaries and expenses of 10 323 appoint reerlster of land board 5 320 bond, duties, salary and report of reerister 5 320 appoint deputy regrister 6 322 bond, duties and salary of deputy 6 322 appraisement of lands 9 322 fees for 8 322 auditing- board, examine books of 3 320 report of 3 320 cancel leases obtained by fraud 17 326 collections made by, paid to state treasurer 11 324 contested cases 5 321 record of kept 5 321 contracts with irrigation district 37 335 control funds arising from sale of state lands 37 334 employ office force 5 320 fees paid to, in advance 11 324 general powers of 1 319 governor, president of 2 320 grant right of way across state lands 35 332 lease and sell state lands in cities 18 326 lease state lands 14 325 meetings of, regular and special 2 320 when and where held 2 320 members of 1 319 mineral department to be established by 52 340 appoint superintendent of same 52 340 bond, duties, salary and report of superin- tendent 52 . 340 quorum 1 319 records of, how kept 4, 5 320 renew leases on state lands 16 325 repay moneys received by mistake 17 325 select, classify, appraise and locate state lands 9 322 venue of actions by 27 331 STATE BOARD OF LIBRARY COMMISSIONERS- approprlatlon for expenses of 1 108 STATE BOARD OF MEDICAL EXAMINERS— act, when not applicable 11 360 violation of, misdemeanor 12 351 board, how constituted and qualifications of mem- bers 1 344 440 INDEX. STATE BOARD OF MEDICAL EXAMINERS— Continued. board— continued. Sec. Page. adopt seal, rules and regulations 3 3fl5 compensation of members 13 3S2 establish educational requirements of applicants 3 S45 file with secretary of state 3 345 governor appoint members 2 346 issue and revoke licenses to practice medicine... 5, 10 346, 348 may administer oaths and take testimony 6 i 346 officers of 3 345 prosecute for violation of act 6 346 regulate the practice of medicine 1 344 term of office of members 2 345 character, certificate of good moral, by applicant.. 4 346 examination, subjects of.. 7 347 credentials of candidate for 7 347 fees, paid by applicant for license 6 347 disposition of 13 351 account to governor 13 352 for re-issuing license 10 349 license, application for 4 346 how made 7 347 fraud in procuring .^ 12 351 felony 12 351 how signed and attested 5 346 Issued to qualified persons 5 346 must be recorded 8, 9 348 practicing without 4 346 misdemeanor 12 351 restoration of revoked license 10 348 revocation of, grounds for 10 348 hearing required before revocation 10 349 when issued without examination 3 345 practice, system of to be specified 7 347 practicing, without license, misdemeanor 12 351 what acts shall be deemed 11 350 terms, definition of 11 349 STATE BOARD OF NURSE EXAMINERS- act, does not apply to gratuitous nursing 7 356 does not apply to army nurses 8 355 violation of, misdemeanor 8 355 penalty 8 355 application of fees collected 6 355 board, created 1 352 meetings •. 2 353 records of 2 353 notice of * 3 353 qualifications of members of 1 353 report of 2 353 term of office of members 1 853 certificates, application for by foreign nurses 3 364 board may revoke 5 354 notice of intention to and trial 5 366 unlawful to practice without having 4 354 INDEX. 441 STATE BOARD OF NURSE EXAMINERS— Continued. examination of applicants for certificate., character of notice of fees, paid by applicant application of register of qualified nurses kept requirements of nurses now practicing. . . STATE BOARD OF STOCK INSPECTION COMMIS- SIONERS- call on local authorities for assistance inspect and compel treatment of infected cattle order owners to dip or spray may quarantine infected cattle '. may seize infected cattle and treat them sell cattle seized to defray expenses of trtat- ment notice of sale disposal of proceeds of sale STATE BUREAU OF CHILD AND ANIMAL PRO- TECTION— appropriation for use of auditor draw warrants upon vouchers time for which appropriation to be used Sec. Page. 3 354 3 354 3 353 3 354 6 355 2 353 4 354 2 288 1 287 1 287 2 2S8 1 288 1 288 1 288 1 288 8t> 86 STATE CAPITOL BUILDING— appropriation for, completion of equipping vaults, painting and improvements.. maintenance and support of part maintenance and support of portrait of Senator E. O. Wolcott refurnishing of auditor issue certificate of indebtedness 2, 3 certificates bear Interest 2, 3 credit of state pledged to pay 2, 3 state treasurer, advertise number of certificates to be paid 3 countersign certificates 2, 3 when interest to cease on certificates 3 STATE FAIR— held annually 3 where held STATE FAIR FUND— appropriation to fund auditor draw warrants part of appropriation to board of agriculture... part of appropriation to board of horticulture, purpose of fund 90 88 87 90 88 90, 8S 87, 90, 89 90. 89 90 90, 89 91 92 92 91 92 92 92 91 442 INDEX. STATE HISTORICAL AND NATURAL HISTORY SOCIETY— Sec. Page. annual report 3 357 appropriation, for use of 1 356 to secure collections and historical data 1 356 preserve and protect documents 1 356 catalogue of collections 2 356 expenditures paid by auditor 3 356 STATE HOME FOR DEPENDENT AND NEG- LECTED CHILDREN— appropriation for improvements and repairs 2 93 appropriation for support and maintenance 1 93 proviso as to payment 3 93 STATE INDUSTRIAL SCHOOL— BOYS— appropriation for part support, maintenance and salaries 1 94 appropriation for support, maintenance, improve- ments and repairs 1 95 auditor draw warrants 1, 2 94, 95 control of fund 2 96 indebtedness not to exceed appropriation 3 , 96 STATE INDUSTRIAL SCHOOLr-GIRLS- approprlation for improvements and repairs 1 96 auditor draw warrants 2 97 board of control draw vouchers 2 97 STATE INSANE ASYLUM— appropriation for maintenance, support and salaries 1 98 appropriation for part expense and maintenance... 1 97 time covered 1 97 auditor draw warrants for certified vouchers 1,2 97,99 control of fund 2 98 STATE INSTITUTIONS— parents held for costs of children committed to 1 295 STATE LANDS— See state board of land commissioners- after sale, subject to tax 31 331 appraised 9 323 coal located on 53 341 royalties 53 341 minimum tonnage : 53 341 compensation for improvements on 12,23 324,329 certificate of purchase of 29 331 defaulting purchaser forfeit 25 330 dedication of, for right of way for irrigation ditches, etc 26 264 for Beecher park 3 159 to United States for irrigation purposes 35 333 ditch contracts, how drafted 36 333 forfeited lands, resale of '.. 26 330 INDEX. 443 STATE LANDS-Continued. Sec. funds, arising from sale of 3 for loans set apart for each county 48 investment of 37 loans from, application to be referred to county commissioners 40 form of application 38 additional security furnished when required. 39 counties responsible for bad loans 46 tax to reimburse for 46 county record of loan fund 44 funds for, apportioned to each county 43 Interest, compounded on 37 when due 51 payments on 42 procedure, when overdue 47 protecting against prior liens 38 renewal of 41 secured by trust deed 37 terms of 37 transfer of unloaned moneys to other coun- ties 45 permanent accounts to be kept of 42 payments to be credited to 37 forest reserve, exchange of state land in 57 leases, allowance to lessee for improvements when land sold 23 cancellation of, procured by fraud 17 for agricultural purposes, term of 16 for coal, oil, gas or mining lands, term of 14 for grazing purposes, term of 16 non-payment works forfeiture of 15 notice of forfeiture 15 renewals of 16 valuation in case of renewal 16 rents, payable in advance 15 sale of land under 16 mining locations on ^ -* •. 54 patents to, attested by secretary of state 7,24 executed by governor 7, 24 executed by lieutenant-governor, when 7 executed, how 7 platting and sale of 21 public notice of sale of 23 purchaser entitled to immediate possession 13 purchaser's bond, terms of 28 rental of 14 right of way across 26, 35 sale of, in cities 18 in aid of irrigation 36 reverted lands 49 school lands 20 to settlers 23 to United Statees for Irrigation purposes 22 sales of for cash, when 50 secured by collateral 50 Page. 332 338 334 337 335 336 338 339 340 337 339 336 337 335 335 838 837 334 343 329 326 325 325 325 325 325 325 325 325 325 342 322,330 322,330 322 328 324 331 325 264, 333 327 327 340 340 444 INDEX. STATE LANDS— Continued. Sec. Page. sales to be held at state capltol 24 329 school lands, platting and sale of to settlers 21 328 sale of 20 327 selection, classification and appraisement of 9 322 settlers on, to be reimbursed for improvements 12, 17 324, 326 actions by, against purchaser for value of im- provements 12 324 sold to citizens and declarants only 23 329 taxes, after sale, subject to 31 331 county assessor notified of sale 31 332 no tax on forfeited lands 32 832 terms of sale 24 329 timber lands, terms of sale , 24 329 trespassing easements 19 327 STATE NORMAL SCHOOL— appropriation for maintenance, growth and de- velopment of 1 99 STATE PARKS- See Beecher park. STATE PENITENTIARY— appropriation for part maintenance and expense. . . 1 100 appropriation for support and maintenance 1 101 appropriation for repairs and improvements 1 101 auditor draw warrants 2 100, 101 no Indebtedness in excess of appropriation 2 102 warden keep accounts 2 101 STATE REFORMATORY— appropriation for completion of buildings 1 103 appropriation for expense and maintenance of 1 102,104 time covered 1 102,104 auditor draw warrants on certified vouchers.. 1, 2 103, 104 STATE SCHOOL FOR DEAF AND BLIND— appropriation for improvements and repairs 1 105 auditor draw warrants 2 1Q6 control of fund .' 2 105 STATE SCHOOL OF MINES— See Colorado school of mines. STATE SOLDIERS' AND SAILORS' HOME— appropriation for part maintenance and expense.. 1 106 time covered 1 106 appropriation for maintenance and salaries 1 107 less partial appropriation of $12,000 1 107 appropriation for improvements and repairs 2 107 STATE UNIVERSITY— See University of Colorado. STOCK— See live stock. INDEX. 445 SUMMIT COUNTY— Sec. of fifth class for regulation of official salaries I of sixth class, salary superintendent of schools. . . .* . 2 SUMMONS— See code of procedure. SUPERINTENDENTS OP SCHOOLS— classification of counties for regulation of salaries 2 SUPREME COURT- authorized to make appointments 1 salaries of appointees 1 causes pending in Court of Appeals transferred to. 1 clerk of, becomes custodian of records of Court of Appeals 1 stenographers appointed by judges 2 salaries of stenographers 2 SURPLUS FUND- appropriation to University of Colorado from fund 2 treasurer and auditor transfer excess revenue to.. 1 when 1 Page. 175 175 175 357 357 177 178 357 357 109 109 109 T TAX DEED— applicant for, deposit fees for notices 5 313 request to treasurer to issue 5 312 treasurer serve notice of request on occupant of land 5 312 treasurer publish notice of request if no oc- cupant of land 5 312 contents of notice 5 312 treasurer acknowledge 8 316 form of acknowledgement 8 316 treasurer execute 8 313 form of deed 8 313 TAXES— levied for benefit of irrigation districts 19 259 levied for benefit of park fund 15 303 may be made by distraint of personal property 1 308 personal demand for unnecessary 1 308 redemption of lands sold for 7 313 special to redeem bonds of water works 10 368 state lands not subject to, until after sale 31 331 treasurer give notice of sale ■. 4 310 form of 4 310 treasurer issue certificate of taxes due 2 309 contents of certificate 2 309 treasurer issue receipt for when paid 1 308 contents of receipt 1 308 treasurer make list of lands to be sold for 4 310 form of list 4 311 treasurer notify delinquents 4 309 446 INDEX. TAXES— Continued. Sec. Page. water users associations exempt from annual and Income 1 360 when paid by grrantor, when by grantee 3 309 when payable 1 308 TAX SALE— treasurer give notice to owner of land to be sold.. 4 310 TELLER COUNTY— of second class for regulation of official salaries 1 174 of second class salary superintendent of schools.. 2 175 THUM, FREDERICK C— See Rollin, Frederick C. TOLL ROAD COMPANIES— act allowing extension of term not applicable to — 5 174 TRADING STAMPS— See gift enterprise. TRAP-SHOOTING— See animals. TRAVELING LIBRARIES— appropriation for support and maintenance of — 1 108 auditor draw warrants 2 108 TROUT— open season 1 239 TRUST DEEDS— See mortgages. City and County of Denver- powers and duties of public trustee 1 358 not afCected by suspension of remedy 3 292 release of— sheriff of former Arapahoe county named as successor — upon payment of indebtedness, etc., sheriff of city and county of Denver execute re- lease 1 359 force and efCect of release 3 360 treasurer of former Arapahoe county named as successor— upon payment of indebtedness, etc., treas- urer of city and county of Denver execute release 2 360 force and efCect of release 3 360 TRUSTEE— powers of, for city and county of Denver 1 368 TWELFTH JUDICIAL DISTRICT— terms of court in 1 180 INDEX. 447 U UNIVERSITY OP COLORADO- Sec. Page. See surplus fund. appropriation from surplus fund 2 109 payment of certificates of Indebtedness 2 109 interest on certificates 2 109 V VENUE- of actions affecting property, franchises or utilities 1 VOTER- See electors. VOTING MACHINES— See constitutional amendment. act, in eftect when 24 application for examination by board 3 deposit of $300 fee 4 appointees to be sworn 10 assistance to voters by judges 13 intoxicated voter not entitled to 13 ballot label, defined 15 arrangement of party and candidate naiftes 15 by whom furnished and how printed 15 preparation of, for use In machine 17 samples of, for public inspection 16 ballots, for person not nominated 5 for presidential elector. . .'. 5 irregular 18, 20 on questions and amendments 5 secretary of state prescribe rules for printing... 7 split ticket 5 straight ticket 5 time in which to cast 12 bonds, payment for machine, by issuing 6 construction of 5 provide for, changing vote 5 correctly registering every vote 5 permitting voting in one minute 5 presidential electors 5 preventing voting, when 5 secrecy of ballot 5 seven political parties 5 straight and split tickets 5 voting for persons not nominated 5 voting "yes" and "no" 5 counting apartment, Inspection of 20 election precincts, created 9 contain 600 votes each 9 examination of, by board 3 notice of time to be given 3 re-examination not required for improvements on 3 166 280 226 227 227 227 227 227 227 223 223 228, 229 222 225 224 222 223 222 223 223 222 222 222 222. 223 223 222 229 225 226 221 222 221 *>*»^ f-jr ^^ra-.TT "'a-tij^o- * 22 f i— T.5in***« -.7 i sai ^?^-wrMu * ^- i-.r. 'jt'w^ *^5"'T- - - ^ a ai uvkrt 3 T3L .Tjtf^i^^'.r '/. b-/ ^uiC** Vrf«Tt iiicoic. 5*?-- . --. rr SB <« *ii^rj',K, -lir rr ss ,siRrvr..^r_«. ^stiurA fflr '-t t>^-^ - 14 ST aM^Si^: f'vr ',f Tc'«ri a 31 f«t&t,r^ <ir ^TT'/^-stcn^ rr.lg>arf? ^g T 3S mfti^ifArr ^M. fTjaJJi: tirz^s^L. frfr ~^s^ I 2S ti» ^JKf,jm */S.r:fir* a^yi T'<ier» » 2S 'y^r^KM ^tA iLfijn 5 23 ^, .'^..f ::%'>, k^y?. --r.Lawf.:: -.o haT-e 2 3i IM7II Tt^inyiA wj'ii <i«ct:<m rersrss 21 23 mf*^0A 'yf, f'yr itunrictios. cft ro^er* 5 231 4^b *>f AifU<^t,*jiem 1* 2S filXT.lm; *->£, at c:o*t of electi^yn If 23B po'Atr^ tflSiC^M^ location of xnachice In 12 2S rof/m to he 4fvided hy railing 12 23i IfreuArims, for election S 25 pr«««nratioti of S 2S »»er«taiT of stat^ prescribe mlea for 7 2S fftmntn locked after election Si 22§ r*^Mmn, oormpared with machine dials 39 29 *l^rtion oiBcers make, as required by law » 229 to b« announced at polling: place 3 23 rul^ and reirulations for care of 7 235 «tat^ board of votfngr machine commissioners- compensation 4 22 examine machines upon application 3 221 governor appoint three members 2 230 members of. have no pecuniary interest 2 221 one member from each political party 2 221 qualifications of members of 2 221 report of, after examination of machine 3 221 term of office, five years , 2 22D vacancies and removal of members 2 221 tamperiniT with, felony 22 230 time, allowed for votlngr 12 226 when act shall take effect 24 230 use of, any approved machine may be used 6 224 election officers instructed In 8 225 experimental, without adoption 11 225 favorable report of board authorizes 3 221 Instructions for, secretary of state furnish 7 225 may be used at all elections 1 220 necessary material for, to be furnished 17 228 nonp used unless approved by board 3 221 vote, ascertained by 1 22o announcingr total 20 229 INDEX. 449 w WAGERS— ^ Sec. Page, on result of combats, etc., between dumb animals. 1 187 WAGON ROADS- Alhie-Dumont— appropriation for construction of 1 110 auditor draw warrants upon certificates 3 111 bids and contract 2 HI board of construction 2 111 duties of 2 111 examination after completion 2 HI route 1 110 Bent county- appropriation for Improvements and repairs.... 1 112 auditor draw warrants ^ 5 113 board of control 2 112 contractor's bond 3 112 public highway 4 113 specifications and contract 3 112 Boulder and Grand counties — appropriation for construction of 1 113 auditor draw warrants 5 114 board, advertises for bids and lets contract 2 114 certify amounts expended to auditor 5 114 determines route 2, 3 114 have survey made , 2 114 of construction 2 114 contractor give bond 2 114 disposition of unexpended balance., 7 115 no money to meet appropriation 6 115 repair of road after construction 4 114 route 1 113 treasurer pay auditor's warrants with state warrants 6 115 Colorado Springs-Cameron— appropriation for repairing 1 115 auditor draw warrants 6 117 bids, contract and contractor's bond 3 116 board of construction, composed of 2 116 cause survey to be made 3 116 officers of 2 116 select route 3 116 deficiency of funds 7 117 monthly estimates made by state engineer 4 116 public highway 5 116 state engineer draw vouchers 4,6 116,117 Denver-Grand Junction- appropriation for improvements and repairs, third branch 1 118 auditor draw warrants 3 119 deficiency of fund 2 119 450 INDEX. WAGON ROADS-Continued. Sec. Page. Denver-arand Junction— continued. public highway 3 119 supervision of work 3 119 state treasurer pay with state warrants 2 . 119 warrants received at par 2 119 route 1 118 Denver to Orand Junction- appropriation for improvements 1 120 auditor draw warrants 3 121 board of construction 3 12a. supervise work 3 121 deficiency of funds 2 121 public highway 3 121 route 1 120 treasurer pay with state warrants 2 , 121 Douglas county— ^ appropriation for construction of 1 122 auditor draw warrants 6 123 bids and contract 3 123 board of construction / 2 122 duties of board 3 123 contractor's bond 3 123 inspector of construction 4 123 insufficiency of funds 7 123 public highway 5 123 repairs and improvements 1 122 route 1 122 state engineer draw vouchers 6 123 Eagle, county- appropriation for construction of 1 124 auditor draw warrant 6 125 bids, contract and contractor's bond 3 125 board of construction 2 125 Insufficient appropriation 7 125 monthly estimates 4 125 plans and specifications 3 125 public highway .^ 5 125 route .' 1 124 state engineer draw vouchers 4, 6 125 Grand county- appropriation for construction of 1 126, 129 auditor draw warrants 6 128, 131 bids and contract 4 127, 130 board of construction 3 127, 130 has charge of work 3 127, 130 contractor give bond...; 5 128, 131 deficiency of funds 4 128, 131 monthly payments 6 128, 131 public highway 7 129,131 route 1 127,130 state engineer approve and draw vouchers 6 128, 131 INDEX. 451 WAGON ROADS— Continued. Sec. Pagre. Hinsdale county- appropriation for construction of 1 132 auditor draw warrants 4 133 board of construction composed of 3 133 officers of board 3 133 repairs after completion 5 133 route 1 132 present survey used 2 133 state engrineer selects 2 133 La Junta-Rocky Ford- appropriation for construction of 1 134 auditor draw warrants 5 135 board of construction 3 135 officers of 3 135 view route 4 135 contractor's bond 4 135 deficiency of funds 2 134 estimates, bids and contract 4 135 public highway — 6 135 repairs after completion 6 135 route 1 134 may use present county road 1 134 unexpended balance 7 135 La Plata county— appropriation for construction of 1 136 auditor draw warrants 5 137 bids and contract 3 137 board of construction, composed of 2 136 certify acceptance 5 137 locate route 3 137 deficiency of funds.... 6 137 insufficiency of appropriation 7 137 public highway 4 137 route 1 - 136 Larimer and Boulder counties- appropriation for construction of 1 138 auditor draw warrants 4 139 bids and contract 3 139 board of construction 2 139 officers of board 2 139 Insufficient funds 3 139 public highway 5 140 repair after completion 6 140 route 1 138 survey 3 139 unexpended balance 7 140 Mesa county- appropriation for construction of 1 140 auditor draw warrants 3 141 board of construction..' 2 141 repairs after completion 4 141 route 1 141 survey approved by state engineer 1 141 452 INDEX. WAGON ROADS— Continued. Sec." Page. Montrose county- appropriation for construction of 1 142 auditor draw warrants 4 143 board of construction composed of 3 143 bridge across San Miguel river 1 142 repairs after completion 5 143 ' route 1 142 state engineer selects 2 143 Pitkin county- appropriation for construction of 1 144 auditor draw warrants 6 145 bids and contract 3 145 board of construction 2 144 determines route 3 145 construction not abandoned if deficiency is fur- nished 7 146 contractor give bond 3 145 public highway 5 145 route 1 ' 144 state engineer draw vouchers 4, 6 145 survey and specifications 3 145 Summit county- appropriation for construction of 1 / 146 auditor draw warrants 5 147 1)ids, contract and contractor's bond 4 147 board of construction 3 147 estimates exceed appropriation 4 147 plans and specifications 2 147 route 1 , 146 Teller and Fremont counties- appropriation' for construction of 1 148 auditor draw warrants 6 149 bids and contract. 3 149 board of construction 2 148 officers of 2 149 contractor's bond 3 - 149 deficiency of funds 7 149 monthly estimates 4 149 public highway 5 149 route . 1 148 survey of '. 3 149 state engineer draw vouchers 4, 6 149 state engrineer prepare specifications 3 149 Yuma county- appropriation for construction of 1 151 auditor draw warrants ,... 6 153 board of construction 2 152 advertises for bids and lets contract 3 152 contractor give bond 3 152 public highway 5 152 route 1 152' INDEX. 453 WAGON ROADS— Continued. Sec. Page. Yuma county— continued. state engineer cause monthly estimates to be ' ' made 4 152 state engineer draw vouchers 4, 6 152, 153 survey of route 3 152 WASHINGTON COUNTY— of fifth class for regulation of official salaries 1 175 of sixth class, salary superintendent of schools 2 175 WATCHERS AND CHALLENGERS— allowed at elections, when 22 218 may appoint alternate » 22 218 must not intimidate voters 22 218 need not be residents of precinct 22 218 WATER COMMISSIONER— expense of in district 70, how paid 6 244 WATER DISTRICTS— • See irrigation. WATER RIGHTS— construction of act 1 246 no further publication or posting after decree of priorities 1 244 unless by order of court 1 244 notice, how served 1 245 contents of 1 245 WATER USERS* ASSOCIATION— See irrigation. WATER WORKS— bonded indebtedness, how created 3, 6 362, 364 bonds, a lien 8 365 form and registry of 8 365 how sold 8 366 Interest and payment of 8 366 redemption of 10 367 special tax to redeem 10 368 city engineer make estimates of cost of 2 362 compensation to county treasurer 10 368 construction of act 14 369 contracts by board 9 366 district 1 362 district board of water works 7 364 annual report of 12 369 duties of * 9 366 oath and bond of members 7 365 salaries of members 12 369 vacancies in, how filled 7 365 454 INDEX. WATER WORKS— Continued. Sec. notice of assessment 9 petition for public water works 1 contents of 1 right of condemnation for 13 rules concerning use of water 9 sinking: fund 9, 10 special election to be called 3 canvass of returns of 5, 6 electors must be taxpayers 5 how conducted 5 issues in special election 3 notice of : 4 officers of 5 title to, how taken and held 11 vouchers and expenditures 11 water rates 9 to cities 9 water rates and assessments, a lien 9 WELD COUNTY— of third class for regrulation of official salaries 1 of second class, salary superintendent of schools... 2 WELLS— See artesian well. WILLS— probate of— foreign wills admitted to probate 1 record of foreign court 1 certificate of foreign court 1 letters Issue 1 specific performance of contracts of deceased 1 petition praying for 1 on whom served 2 court may order 3 WOLCOTT. SENATOR EDWARD O.— portrait of placed in state capitol building 1 YUMA COUNTY— of fifth class for regulation of official salaries 1 of fifth class, salary superintendent of schools 2 Page. 366 361 362 367 362 363, 364 363 362 367 367 174 175 370 370 370 371 371 371 372 372 90 175 175 10 910

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南京工业职业技术学院2007年江苏高考招生计划一览表 | 序号 | 招生批次 | | 专业名称 | 学制 | 招生计划 | 学费(元/年) | 备注 | | --- | --- | --- | --- | --- | --- | --- | --- | | | 专科一批 | 机械制造与自动化(数控加工工艺与编程) | | | | 4140 | | | | 专科一批 | 数控技术(数控技术应用) | | 2 | | 4140 | | | | 专科一批 | 模具设计与制造(冷冲模、注塑模) | | 3 | | 4140 | | | 4 | 专科一批 | 计算机辅助设计与制造(CAD) | | 3 | | 4140 | 选考物理、化学 | | | 专科一批 | 机电一体化技术 | | 3 | | 4140 | 选考物理、化学 | | 6 | 专科一批 | 数控设备应用与维护 | | 3 | | 4140 | 选考物理、化学 | | | 专科一批 | 汽车制造与装配技术 | | 3 | | 4140 | | | | 专科一批 | 供热通风与空调工程技术 | | 3 | | 4140 | | | 9 | 专科一批 | 楼宇智能化工程技术 | | | | 4140 | | | 10 | 专科一批 | 电气自动化技术 | | 3 | | 4140 | 选考物理、化学 | | 11 | 专科一批 | 计算机控制技术 | | 3 | | 4140 | | | | 专科一批 | 电子信息工程技术 | | | | 4140 | | | | 专科一批 | 应用电子技术 | | | 120 | 4140 | 选考物理、化学 | | | 专科一批 | 通信技术(计算机通信、通信工程) | | 3 | | 4140 | | | | 专科一批 | 计算机网络技术 | | 3 | | 4140 | | | | 专科一批 | 计算机信息管理 | | 3 | | 4140 | | | | 专科一批 | 软件技术 | | 3 | | 4140 | | | | 专科一批 | 动漫设计与制作(网络游戏设计) | | | | 4140 | | | | 专科一批 | 信息安全技术 | | | | 4140 | | | | 专科一批 | 建筑工程管理 | | | | 4140 | | | | 专科一批 | 工程造价 | | | | 4140 | | | | 专科一批 | 房地产经营与估价 | | 3 | | 4140 | | | | 专科一批 | 会计(注册会计师) | | | | 4140 | | | | 专科一批 | 国际贸易实务 | | 3 | | 4140 | | | 25 | 专科一批 | 商务经纪与代理 | | 3 | | 4140 | | | 26 | 专科一批 | 物流管理(第三方物流、企业物流) | | | | 4140 | | | 27 | 专科一批 | 商务英语 | | 3 | | 4140 | 只招英语考生 | | 28 | 专科一批 | 汉语(对外汉语) | | 3 | | 4140 | | | 29 | 专科一批 | 应用韩语 | | 3 | | 4140 | | | | 专科一批 | 商务日语 | | 3 | | 4140 | | | | 专科二批 | 机械制造与自动化 | | 3 | | 13000 | 与英国合作办学 | | | 专科二批 | 电气自动化技术 | | 3 | | 13000 | 与英国合作办学 | | | 专科二批 | 应用电子技术 | | 3 | | 13000 | 与英国合作办学 | | | 专科二批 | 计算机应用技术 | | 3 | | 13000 | 与英国合作办学 | | | 专科二批 | 国际商务 | | 3 | | 13000 | 与加拿大合作办学 | | | 专科二批 | 旅游管理 | | 3 | | 13000 | 与加拿大合作办学 | | | 艺术专科 | 环境艺术设计 | | 3 | | 6800 | | | | 艺术专科 | 动漫设计与制作(动画) | | 3 | | 6800 | | | | 艺术专科 | 产品造型设计 | | 3 | | 6800 | | | | 艺术专科 | 视觉传达艺术设计 | | | | 6800 | | | 41 | 艺术专科 | 电脑艺术设计 | | 3 | | 6800 | | | | 艺术专科 | 广告设计与制作 | | 3 | | 6800 | | | | 艺术专科 | 影视动画(影视动画制作) | | 3 | | 19700 | 与加拿大合作办学 | | | 艺术专科 | 影视动画(现代影视美术) | | 3 | | 19700 | 与加拿大合作办学 | | | | 合计 | | | 3153 | | | 0m0ml

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Superstition and force author: Lea, Henry Charles, 1825-1909. [from old catalog] This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world's books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the publisher to a library and finally to you. Usage guidelines Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to prevent abuse by commercial parties, including placing technical restrictions on automated querying. We also ask that you: + Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for personal, non-commercial purposes. + Refrain from automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the use of public domain materials for these purposes and may be able to help. + Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find additional materials through Google Book Search. Please do not remove it. + Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner anywhere in the world. Copyright infringement liability can be quite severe. About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at |http : //books . google . com/ w ijlll' % ^ l|J|||!ll|i|MI!ll'|i|f«'PIPr^f?WW^W1 IVEf] RI C HARVARD COLLEGE LIBRARY suPERsrrriON k^^ AMD FORCE. ESSAYS ON THE WAGER OF LAW-THE WAGER OF BATTLE- THE ORDEAL-TORTURE. BY HENRY G. LEA. vtaa te lMl H iw pamw, %y mi esMi mi4 Mrapatow ilHttsM ami ■ ^ ■ w iatlwi , wrt af •r kMta IIMI MMtn Ml ■Iwyt Mi4 UM in*, 4* mt« mi4 U MIM M MtW fc rt frWB tk« M^i«riiMii** PHILADELPHIA: HENRY C. LEA. 1866. »*,*t r — ^ BnUrtd aoeordlng to tii« A«i of OongreM, In iho jta 1866, by HBNRT 0. LBA, la iho Ofieo of iho Olork of Um Diiirlei Ooari of ibo Unltod Btatet in and for Iho BaaUni DIttriei of tho 8UU of PenniylTMiU. PBILADILFRIA i ooLLiirs, pimii, TM jATiri STBirr PREFACE, Tns aim of the following essays is simply to group together, facts so that, with a slender thread of com- mentary, they may present certain phases of human society and progress which are not without interest for the student of history and of man. The authorities for all statements have been scrupulously cited, and it will be seen that, for the most part, they are drawn from the original sources. The conclusions the reader can verify for himself. In a more condensed form, the first three essays have already appeared in the "North American Re- view." PHtLADSLPUtAy JqIj, 1866. I. .THE WAGER OF J.AW. Apart from the exact sciences, there is no subject which more fully repays the student than the history of juris- prudence. To the reflecting mind few popular quotations ore so essentially false, or reveal so narrow a view of life AS the often cited lines — "How small, of all thai human hearts endare, Thai part whioh kings or laws oail cause or cure I" Since the origin of society, each unit of our race has struggled on in his allotted path, through joys and griefs, fashioned, for the most p^, by the invisible network of habits, customs, and statutes, which surround him on every side, and silently shai)e his daily actions. Thus the history of jurisprudence becomes the history of the life of man, and the society of distant ages is more distinctly presented to us in the crabbed sentences of codes than in the flowing rhetoric of the historian. Slender as may be the respect with which we of to-day sometimes regard rotatory assem- blymen and partisan judges, still are they none the less noteworthy iiersonages. The parts are more important than the actors, and centuries hence it wUl be to our statute books and rci)orts that the curious student will resort to find out what manner of men were the restless and ener- getic race which found self-government a harder task than the founding of a gigantic empire. The law-giver and the law-disixsnscr are the custodians of all that we hold dear on earth. Save the minister of Ood, what human being con have interests so vital confided 2 14 Till W Au&X 1 L-k V. to bim, or CflJi e:Len:L:i«i so mcmenc^jtufr ux liidiienee jv^r IlL* feUow-meAf CjrxL* and ALexaaiier. T.onir.jae oatt li^&ik- gUia Khan baTi> p;i;k$«Hl aw dv- ; ^Iicl^ i.imtia xL<:iie r^nua:lu m* i tho world is as thou^li tlioy iiiui :icT\!r jct^iu T.ia£ law^ cT GonAiciuB and Manu<^ of Mj^coicc xzdI Jj2tf;..i.;in sc^ LiTe, and will away ttM»d%^CLni«:s of ruices Li ilie I'lcure a:ft t^ejr have in the almost illunitaLU pd:»c> Wjen. Arj^pat AJk%l Bodogaat, Salogast and Windjuri^ a^siseiiilLcd to drxft into ahapo the rude customs of a roTin^r axui rnnlaionr trilo., the J little thought that the S;Lliqu«^ 1:1 v wliicii lA^ttj jLunJi^ would leave its impnsss for centuries on sm.cas to wUx-ik their yery names would be unknown. C^dcs tlius eii*lowe«i with Titality must necessarily redctrt the iLilxire ajui the usages of the races for which thej were ccoii ^oL The man and his law exercise a mutujl re^ctico, and in the one we see an image of the other. The stenu rvtsclate brevity of the law of the Twelre Tables furnishes the bes4 corrective commentary on the easy credulity of Livy ; in the code of Moses, the llebrevr character and polity are portrayed in the strongest light and sbade ; and. in g%>nenii, the historian, who wishes to obtain or to convoy a iknuite impression of a nation or a perioil, must have revvunse to the laws which regulated the daily life of the pev>pK% and which epitomize their actions and modes of thought. It may be therefore not uninteresting to trace^ through the dim light of antiquity, some rude outlines of customs which were the precursors of European civilization. In the German forests, Tacitus depicts an aggn^tion of tribes living princiimlly on the 8|M>ils of war or of the chase, aided by the imperfect agriculture of their slaves. Personal independence is carried to its extreme. The authority of the ruler, except when commanding a military expedition, is almost nominal and scarcely extends beyond his immediate attendants, companions, or leudet. Each petty chief is imder the control of the assembly of his sept. THS ANOISKT QERMANB. 15 to which all the freemen gather In arms and decide with- out appeal on all common interests. Dearest among their priTileges is the right of private vengeance. The freeman who sustains an injury, and who disdains to summon his enemy licforc the malluniy or Judicial assembly of the tribe, may call together his family and friends and exact what satisfaction he can with sword and axe. The interminable warfare of hostile families is, however, in most cases averted by the principle of com|)cusation for injuries, and every crime is rated at its appropriate price, or wehrgild^ payable to the injured part}'.* As the relatives are bound to aid in a quarrel settled by the strong hand, so are they entitled to share in the compensation, if peaceful measures are adopted.^ On the other hand, when a criminaPs poverty renders him unable to pay the fine, his kindred are held re8i)onsible for it, as they are also forced to defend him in the feud.* In its relations to the community, each family ' Tbifi ffytiem of pHrato warriire u nn Rltorniitire for refnial of rodreti If expTMtiTel.T eondeimed in nn Anglo-SAXon prorerb qnoied •pproTingly In tbo Uwf of Rdward ibe Confruor, m ooUeeied by WilUam the Conqneror. — "Biogo »poro of lide o2(er bare— qnod est dioere, Unceam erne do latere aai fer eatn.'*— LI. Bdwardi o. xil. (Tborpe*i Aneleni Laws. I. 487.) * In Iceland and Norway, It waa not nntil abont 1270 that King Ilaoo, In bin nmineceitiifnl effort at leginlaiion, decreed that tbe blood-money for murder ■bonld no longer be dirlded among the family of tbe Tietim, bnt shoald be all paid to tbe belr. — Jamnida, Mannbelge, eap. xzlx. PreTlonsly to thif, wben tbe next of kin were femelee, and tbnf ineompetent to proteonte on a ebarge of mnrder, the penon who undertook that olllee waa entitled to one« third of the flne.^OrAgAs, Beet. VIII. eap. \r. Bceletiactieal tiet dltfoWed those of the flunlly. Thns, among the Welsh of the tenth eenlnry, the laws of Iloel Dha specify that tbe clergy shall not be eonnted among the relatires, either as payers or payeee in easee of mnr- der.-^U. Ecelee. Iloeli Dha, cap. Tiii. * Tbe most ancient barbarian code that has reached as — that of the Feinl, or ancient Irish, in a fanciful qaadrlpnrtite enumeration of the principles in foree in levying fines, thas allades to the responsibility of kindred : " And beoaase there are four things for which It is leried : *ein' (one*s own crime), and * tobhaeb* (the crime of a near kinsman) , * saigbi* (the crime of a middle fcioemsn), and tbe crime of a kinsman In general.'* — Senchos Mor, I. 259. (lUaeoek's edition, Doblin, 18«5.) H TUB VfAQZM, or LAW. 10 tUos a unit for u^gretmon or defeocc, and is respaasilile for the cLaracUsr aud acUons of eacL of its mcmliera. Tkis pucuUarit/ of ibe Teutouic tribes is iiii|iortaut, as it ex- piaiAS jaudi that is otlierwise singular in their subseqacnt kgislation, leaving its traces late in the Ibudal and custcMii- ar/law. The oldest known text of the Salique law is but little if at all posterior to the conversion of Clovis to Christiaiuty. Four hundred yesrs have therefore intervened between the vigorous sketches of Tacitus and the less picturesque but more detailed view afforded by the code. The changes produced by the interval are wonderfully smalL A some- what more complex state of society has arisen ; government has aasumed some power and stability, under the iron energy and resistless craft; of Clovis ; fixed property and possessions have acquired imi>ortanoe ; fields and orcJiards, gardens and bee-hives^ mills aud boats apjicar as objects of value alongside of the herds and weapons which were their only wealth when the Iloman historian condescended to describe his barbarous neighbors. Yet the same funda- mental principles are at work, and the relations of the in- dividual to his feilows remain unchanged. The right of private war&re still exists. The state is still an aggregate Th0 0Ml «OBpl«U MTMSMitoi thM I hftT* iB«t wiUi for oarrying ooi tbif priB«i|*U omun in ib« U'vliMidte l«gl»l«lioii of Uio iweUUi eeniary, whoro Uio Sbos provMod dlulobb frodaoUx, m (kr m tiie rolatiooi in Uio iftb 4osroo OB both dA—, omIi grodo of Um erininftl'i l»mllf pajiog iU rate U ibo oorrMpoBdisg grodo of Uio MSoror's kiodrod.— OHigU, 8«oL IV. ••p. oxiv. In Donmnrk, Brio VII., In 1269, roliorod tiie kindred of n marderer from being oonipeilod io Anro Uie ine, nlihongb Um reUtiTes of Uie TioUm oon- iinoed to dirldo Ibe wekrgild.—Oonaiai. Brie. nnn. 1269, ^ Tii. (Ludewig, nellq. MSS. T. XIL p. 264.) Bnt, even m laU ae Ibe fonrUenih oeniury, Ibe fUlotef of liie oil/ of LUIe gave Ibe naleCMlor a rigbl Io eolleol from bia relalivee a porllonof Ibe wehrgild wbieb be bad ioonrred ; and elaborate labiet were drawn up, abowing tbe amonnl pajable by eaob relation in pro- portion Io bie grade of klnihip, eren to Ibird ooofina. — ^Boliin, Francbiiea 40. do la tUIo do Lille, pp. 166-7. VARIETIES OF BVIDENOB. If of families, rnllying together for the field and for the court, and ready to sustain any of their members by force of arms, or by the procedures of Justice. The forms of these pro- cedures are revealed to us, and we learn what efforts were made to soften the native ferocity of the Frank, and the modes b}* which he is tempted to forego the privilege of revenge. Every offence against persons or property is rated at its appropriate price, and a complete tariff of crime is drawn up, from the theft of a sucking-pig to the armed occu- pation oO^n estate, and from a wound of the little finger to the most atrocious of parricides ; nor can the offender refuse to api)car when duly summoned before the mallum^ or claim the right of armed defence if the injured party has recourse to ixtaocablo proceedings. llut, between the commission of an offence and its proof in a court of Justice, there lies a wide field for the exercise or |)ervcrsion of human ingenuity. The subject of evidence is one which has taxed man'atpowers of reasoning to the utmost, and the subtle distinctions of the Roman law, with its probaiiOj pretsumptio juris^ preesumptio juris tantum^ tlie endless refinement of the glossators, rating evidence in its different grades, as probcUio optima^ evidentisisima^ aper- tisgima^ legitima^ Bufficiens, indubilcUaj dilucida^ liquida^ evidens^perspicua^ and semtplena, and the complicated rules which liewilder the student of the common law, all alike show the importance of the subject, and its supreme diffi- culty. The semi-barbarous Frank, impatient of such ex- l^onditure of logic, arrived at results by a shorter and more direct process. Some writers have assumed that the unsupported oath of the accused was originally sufficient to clear' him of a charge, and they present an attractive fancy sketch of the heroic age, when a lie is cowardice, and the fierce warrior disdains to shrink from the consequences of his act. All this is pure invention, for which proof may be vainly sought In any of the unadulterated " Leges Barbarorum." It was 2* 18 THE WAQER OF LAW. not, indeed, until long after they had declined from the rude yirtuc of their native forests, that an un8upiK>rted oath was receivable as evidence, and its introduction may be traced to the influence of the Roman law, in which its importance was overwhelming.* The Wisigoths, who adopted the Roman jurisprudence as their own, were the only race of barbarians who permitted the accused, in the absence of definite testimony, to escape on his single oath,* and this exception only tends to prove the rule. So great was the abhorrence of the other races for practices of this kind, that at the council of Valence, in 855, the Wisigotliic custom was denounced in the strongest terms as an incen- tive to i)erjury." It was not until long ailer the primitive customs of the wild tribes had become essentially modified by contact with the remains of Roman civilization, that such procedures were regarded as admissible ; and, indeed, it required the revival of the study of the civil law in the twelfth century to give the ^iractice a position entitled to respect.^ ' The oath may b« regarded as the foandation of Roman legal proeednre. "Daio Jarejarafido non aUud qunriUr, quam an Jaratuui sii; remisaa quBMiione an debeaiar ; qaaii latU probatum sii Jorejurando." L. 6, f 2, D. XII. li. tYk9 juijurandum uteestarium eoald alwaye be adminutered by the Jndge in oaiee of defieieni evidence, and the Jufjuratuium injurs prof- fered by the plaintiff to the defendant wai conclusive : '* MaiilfestiD turpitu- dinia et confetsionis est nolle nee jurare neo Juijurandam referre.*' Ibid. 1.88. * LI. Wisigoih. Lib. II. Tit. 11. e. 8. * Ooncll. Valent. ann. 856, c. zl. Impia et Deo Inimlca ot Chrbtiano rellgloni nlmia contraria, lex iniqaissima. * Thtti Alfonso the Wise endeavored to introduce into Spain the mutual challenging of the parlies involved in the Roman jutjurandnm iu Jure, by hit Jura dsjuidc, (Las Biete Partidas, P. iii. Tit. xl. 1. 8.) Oddly enough, ihe same procedure is found Incorporated in the municipal law of Rheims in ihe fourteenth century, probably introduced by some over-tealous civilian ; <*8i alicul deferatur Ju^urandum, necesse babe t Jurare vel referre Ju^u- randum, et hoc super qnovis debito, vel inter qnasvls personas." — Lib. Pract. de Oonsnetud. Remens, f 16 (Archives Ugislai. de Reims, P. I. p. 37). By this time, however, the oaths of parties had assumed great importance. 0LA88 PBIVILX0X8. 19 It is true that occasionally, in the early legislation of the barbarians, an instance occurs in which certain privileges in this respect are accorded to some classes in the commu- nity, but these are special immunities bestowed on rank, and are therefore also exceptions, which go to prove the universality of the rule. Thus in one of the most primitive In tiie legiiUtioB of St LouIp, tbey oeonpj » poiiiion whieh wm a dirooi ioMiitlr* to porjorj. Thoi he providoi for the hanging of the owner of a besft whieh had hilled a man, if he wee foolish enoagh not to iwear that he wai ignorant of its being Tioione. '*Bt li it eetoit li fox qne U delet qne U pentt la teohe de la beite, U en iorolt pendae poor la reooignoiManee."^ itablifliemente, LIt. i. ehap. eul. In eerialn loeal eodei, the purgatorial power of the oath was earried to the most absurd eitent. Thus, In the thirteenth eentnry, the munlelpal law of the Saxons enabled ibe aeouired In certain oases to clear himself, however notorious the facts of the ease, and no eridence was admitted to disprove his position. " SI quis aliqnid agit extra Jndioiuro, et hoe maxlmo est notorinm, Id negare possit, prmsilto Jnramento, neo admittantnr testes contra eum ; hoc Juris est." (Jnr. ProTln. Saxon. Lib. i. Art. 16, 18.) Thb irrational abase was long In vogue, and was denounced by the Council of Basel In tho ifteenth century. (Schilter. Thesaur. II. Ml.) It only prevailed in tho North of Oerroany ; the Jus Provin. Alaman. (cap. ccclxxxl. 4 ')# which regulated Southern Qermany, alludes to it as one of the distinguishing fea- tures of the Saxon code. Bo, also, at the same period a special privilege was claimed by the inhabi- tants of Franconia, In virtue of which a murderer was allowed to rebut with his single oath all testimony as to his guilt, unless he chanced to be caught with the red hand. ** FranconisB elves hoc Juris habent, quod si aliquem oeeidunt, nisi In Ipso facto deprehendantur, purgare se poesunt Juraraento, si asserere volunt per lllnd se esse innoeentee.*'— Jur. Provin. Alaman. cap. evi. 4 7. A charter granted to the commune of Lorris, In 1156, by Lonls-le-Jenne, gives to the burghers the privilege of rebutting by oath, without conjurators, an accusation unsupported by testimony. — ** Bt si allquis hominum de Lor- riaeo accusatus de aliquo fuerlt, et teste comprobari non poterit, contra pro- bationem impetentls, per solam manum suam se dlseulpablt.** — Chart. Lndovic. Junior, ann. 1166, cap. xxxil. (Isambert, Anciennes Lois Fran- caises I. 167.) And, In comparatively modem times. In Germany, the same rule was followed. ** Jnramento rei, quod purgationis vocatur, snpe etiam Innocentia, utpote qnsD in aaima eonstitit, probatur et indicia dlluuntur;*' and this oath was administered when the evidence was Insuftclent to Justify torture. (Zangeri Tract, de Qnsratlonlbns cap. III. Ko. 46.) In 1603, Sanger wrote an elaborate essay to prove the evils of the custom. 20 TUE wAOfia or law. of the Anglo-Saxon coclcs, which dates from the soveuth century, the king and the bishop are permitted to i*ebut an accusation with their simple asseveration, and the thane and the mass-priest with a simple oath, while the great body both of clerks and laymen are forced to clear them- selves by undergoing the rcgulai' form of canonical com- purgation which will be hereafter described.^ These in- stances of class privileges are too numerous throughout the whole period of the dark ages to afford any basis for general deductions.* So fkr, indeed, were the barbarians from confiding in the integrity of their fellows that, as they emerge into the liglit of history, their earliest records show how eagerly they endeavored to obtain some additional guai'aiitee for the oaths of litigants. What these guarantees were during the prevalence of paganism we can only guess. After their conversion to Christianity, as soon as written documents afford us the means of tracing their customs, we find many expedients adopted. As the practice of invoking objects of affection or veneration in witness of an oath has been common to mankind in all ages,* so the fonns of religion > Lftwi of Wibtmd, eap. 10-21. Comp. LI. nenrlol I. Tit. IzW. \ 8. * Thai by the law of louthern Qarmany io tb« thirteenth oentary, the untupported oath of the eleimafit wat saffioient if he wai a perionage of lub- ftanoe and repate, while if otherwise, be was obliged to provide two oonju- raton. (Jar. Provin. Alaman. oap. oczUv. ff 7, 8.) So in Spain, until the middle of the fonrteenth eentary, the iljodalgo or noble oould rebat a olaim in civil eaaee by taking three lolemn oaths. In which he Invoked the ven- geance of Qod in this world and the next. — " Nuesiro Seiior Dlos, a quien lo jurades, vos lo demande en estro mando al cuerpo, e en il otro al aniino." (Fnero Viejo, Lib. iii. Tit. ii.) * Thns, in the Roman law, oaths were frequently taken on the bead of the litigant, or on those of bis children. (LI. 3, 4, D. xii. 11.) The code of Mann, w6loh regards oaths as a satlsikotory mode of proof, endeavors to secure their veracity by selecting for invocation those objects most likely to Impress the different castes into which society was divided. **And in eases where there is no testimony, and the Judge cannot decide npon which side lies the truth, he can determine It folly by administering the oatb. MULTIPLE OATHS. 21 were speedily called in to lend sanctity to the imprecation, by ingenious devices which were thought to give additional solemnity to the awful ceremony. In the middle of the sixth century, Pope Pelagius I. did not disdain to absolve himself from the charge of having been concerned in the troul>les wliich drove his predecessor Y igilius into exile, by taking a dtsculpatory oath in the pulpit, holding over his head a crucifix and the Gospels.* About the same period, when the holy Gregory of Tours was accused of reproachful words truly sjioken of the infamous Fredegonda, a council of bislioi^s decided that he should clear himself of the charge by oaths on three altars, after celebrating mass on each, whicli he duly performed, doubtless more to his corporeal than his spiritual benefit.* This plan of reduplicating oaths on difTerent altars was an established practice among the Anglo-Saxons, who, in certain cases, allowed the plaintiff to substantiate his assertion by swearing in four churches, while the defendant could rebut tlie charge by taking an oath of negation in twelve.* Seven altars are similarly specified in the Welsh laws of Iloel Dha.* " Oftllif wer« tworn by the mycii great Riohii, and by the godf, to make doabifal tbtngi manifeft, and »Ten Yaiiohiha iware an oath before the king RoadftmA, son ofPiyavana, when Yiflwkniltra aeonsed him of eating a hundred children. *'Let not the wife man take an oath In Tain, eren for thingi of little weight ; for he who takee an oath In Tain ii loet in thii world and the next. •* Let the Jadge iwear the Brahmin by hia truth; the Kehatriya by hie horsee, hif elephanta, or hli armi ; the Yalaya by hit eowt, hii eom, and hit gold ; the SoAdra by all orimee."— Book rii. t. 109-118. (After Belong- ohampe* traneletion.) A onrlottf ezeeptlon to thle general principle li fenad In the legielation of the ancient Bgyptlaas, where the lawi of Booehoric receiTod as conelaplre the simple oath of a debtor denying his indebtedness, In cases where there were no writings. — Biod. Blc. L. t. cap. Izzix. ■ Anastas. Biblloth. No. lxii. * Oregor. Tnron. Hist Lib. t. eap. zlix. Gregory complains that thb was contrary to the canons, of which more hereafter. * Booms of Alfred, cap. ZZ. * T4. lloeli Bha cap. 26. According to the F/tdtt, as late m the thirteenth century, a cnstom was cnrrcnt among merchantu, of proring the peyment of 22 TDK WAQKK OF LAW. The intense reneration with which relics were regarded, howerer, caiued them to be generallj adopted as the most efliecthre means of adding secnritj to oaths, and so little respect was felt for the simple oath that ere long the ad- Jnnets ciune to be looked upon as the essential fcatnre, and the imprecation itself to be divested of binding force with- out them. Thus, in 680, when Ebroin, mayor of the palace of Burgundj, had defeated Martin, Duke of Austrasia, and desired to entice him from the stronghold of Laon, in whidi he had taken refuge, two bishops were sent to him bearing the rojal reliquaries, on which thej swore that his life should be safe. Ebroin, however, had astutely removed the holy I'emains from their cases in advance, and when he thus got his enemy in his power, he held it but a venial indiscretion to expose Martin to a shameful death.* How thoroughly this was in accordance with the ideas of the age is shown by the incorporation, in the canons of the church, of the doctrine that an oath was to be estimated by its externals and not by itself. ContcmiK>rary with Ebroin was Tlioodore, Archbishop of Ctuiterbury, whoso Penitential is the oldest that has reached us, and tliis vciic- rablo code of morality assumes that a iMsrjiiry committed on a consecrated cross requires, for absolution, three times the penance necessary in cases where the oath had been taken on an unconsecratcd one, while, if tlie ministration of a priest had not been employed, the oath was void, and no penalty wa« inflicted for its violation." Two centuries later, ccclc- s debt bj twearing In nine oharehM. (Tborpa, Aneieni Lftwi» I. 82.) Tbe llotl«m Jorltprndono* bai a tomewbat lioiUar provision for aeooaatorial oalhf In iba latam^, by whiob a mnrderer can be ooDTioted, in tbe abaenoe of taaUaonj or oonfasiion, by fifty oatbs iworn by ralaiives of iba victim. Of tbcM tbara mnit be at laaat two, and tbe fifty oatbs arc divided between tbem In proportion to tbeir respective legal sbares in tbe Die, or blood- money for tbe nnrder. — (Dn Boys, Droit Oriminel des Penples Modernes, L 209.) ' Fredegaril Obron. cap. zovii. * Qni pijerat in manu episcopi ant In omoe eonsecrata III. apnos poeni- teat* 8i Tcro In oraoe non eonsecrata, annum nnum pooniteat; si autem ADJUNCTS ESSENTIAL TO THE OATH. 23 siastical authority was even found to admit that a powerful motive might extenuate the sin of i)erjury. If committed voluntarily, seven years of penitence were enjoined for its absolution; if involuntarily, sixteen months, while if to preserve life or limb, the offence could be washed out with four months.* When such doctrines were received and acted ui)on, we can hardly wonder at the ingenious device which the sensitive charity of King Robert the Pious imi' tated from the duplicity of Ebroin, to save the souls of his friends. He provided two reliquaries on which to re- ceive tlieir oaths — one for his magnates, splendidly fabri- cated of crystal and gold, but entirely empty, the other for the common herd, plainer and enshrining a bird's egg. Knowing in advance tliat his lieges would be forsworn, he thus piously sought to save them from sin in spite of themselves, and 'his monkish paucg3Tist is delighted in recounting this holy deceit.* in roMB bomlnia laid JnraTerli, nibU eii.— Tbeodori Caniiiar. Pcenlt oap. xiiT. \ r * lUglno. de Beelet. Biseip. Lib. i. cap. eee. Noiwiibsianding ibe •boeking laxity of ibei« docirinef, it ia not to be lapposed tbat ibe tme ibeory of Ibe oath wae altogeiber lost. St. laidor of SeriUe, who was bvt little anterior to Theodore of Canterbary, well expresseiit: **Qaaeanqne arte Terbomin qalFque Jaret, Dens tanen, qni eonseienilsB testis est, ita hoe aeeipit, sieai ille qui Jaratar intelligit," and this, being adopted in sneeessive •olleetions of eanons, coexisted with the abore as a maxim of eeclesiastleal law (Itob. Becret. P. xii. c. 30.— Gratlan. «avs. zxU. q. 3 ean. 18.) * Ilelgaldi Vit. Roberti Ileg{8.--The profit wbieh the eharch derlred from the administering of oaths on relies affords an easj explsnation of her teaeb- ings, and of the extension of snch praetiees as those alluded to in the text. These superstitions and their resvltant adrantnges are well illustrated by ibe example of the holy taper of Cardigan, in Wales. A miraeulons image of the Virgin was east ashore, bearing ibis taper burning In her band. A ehnreb was built for it, and the taper *'eontynued siyll burnynge the spaee of nyne yeres, without wastynge, nntlll the tyrae thai one forsware himselfe thereon, so then it exiinoted, and never burned after.'* At the suppression of the house under Denry VIII., the prior, Thomas Here, iesil* Sed : ** Item, that stnoe the cessynge of burnynge of the sayd taper, it waa enelosed and taken for a greate relyque, and so worshipped and kyssed of pjlgremet, and wed of men to sweare by in diffloill and barde matters, 24 TlIK WAQKR or LAW. It may readily bo beliovcd that tlio wild barlmrtan, who waa clamoring for tlio roatoration of stolen cattle, or the angry relatives, eager to share the wehrgild of some mur- dered kinsman, would scarcely submit to be balked of their rights at the cost of simple perjury on the part of the criminal. While their Christianity was yet new, they would not attach much value to the additional security afforded by religious ceremonies or superstitious observances, and, as wo have seen, before they became old in the fiiith, craft and trickery defiled the most sacred solemnities. It was there- ibre natural that they should still have recourse to an an- cestral custom, which had arisen fVom the structure of their society, and which derived its guarantee from the solidarity of families alluded to above. This was the remarkable custom which was subsequently known as canonical com- purgation, and which long remained a part of English Jurisprudence, under the name of the Wager of Law. The doA^ndant, when denying the allegation under oath, appeared surrounded by a number of comi>anious— ;;ura/ares, conju- ra/i»iv^ saci^meniaiesy coliaudanieSy computyatoresy as they were variously termeil — ^who swore, not to their know- lo^lge of the ftict^i, but as sliarers and )mriakoni in the oatli of denial. This curious f^>nn of procixluro derives imiK>rtance from the &ct that it is an expros^ion of the character, not of an i$i4alod se|^> but of u^^arly all the races that have moulded the d^Uui«« of Kuro(K\ The Ostrogoths in Italy, and the Wisi^ths of the South of Framv and Sixiiu wore the only nations in whose codea it ocvu^ues no place, and they« as has already Ummi r^markeil, at an early i^eriotl yioivUnl them^^clvvti completely to the iuduonce of the «WM«r IW ftitY«IWtl^* •4lll«Htal«4 Ii» ff tl fct t KM M — <lf B4m«J M tjMM i»f Ck^rMjr.'* v^l>9*^MB^«Mft Oil" M«MMa*»n«i fw l:>ik Ctibii fcw Sim. ^db.) ANTIQUITY or COMPURGATION. 25 Romim oivilization. On tho other hand, the Salians, the Kipiiariane, the Alamanni, the Baioarinns, the LombarcUiy the Frisians, the Saxons, the Angli and Werini, the Anglo- Saxons, and the Welsh, races springing from origins widclj diverse, all gave to this form of purgation a promi- nent i>osition in tlicir jurisprudence, and it may bo said to have reigned from Southern Italy to Scotland. That the custom was anterior to the settlement of the barharians in the Roman provinces is susceptible of rea- sonable proof. The earliest text of the Saliqne law pre- sents us with the usages of the Franks unaltered by any allusions to Christianity, and it may therefore be presumed to date from a period not later than the conversion of Clovis. In this ])rim(cval code there are directions for the employment of conjurators, which show that the pro- cctluro was a settled and established form at that period.* So in the Frisian law, which, although compiled in the eighth century, still reveals pagan customs and the primi- tive condition of society, the practice of compurgation evidently forms the basts of Judicial proceedings. The other codes have only reached us in revisions subsequent to the conversion of the several tribes, and their authority ' FInri Text of PardemiP, Tit zzxix. 4 3, and Til. xlil. f S (Lol Baliqae, Fark, 184S, pp. SI, 23). It It pomewhat lingiilar that In the inbfoqiieni re- eennioBi of the code the proTUion li omitted in these poMagei. One eannot withont healtation aeenee Monteeqniea of ignorance, and yet it if dlfllenll nnder any other inppofltion to aeeoant for hii aanertion that oanonieal eompargation was nn known to the Saliqne law (Bsprit del Lolx, Lib. xxTiii. chap. 13), an awnniptlon from which he proceeds to draw the most ex- tensWe dednctlons. Although It Is referred to bnt twice In the Ltx Em^n* 4tttm of Charlemagne (Tit. I., It.), still those references are of a nature to show thai it was habitually practised ; while the earlier texts, of which thai of Heroid and the Wolfenbnttel MS. were sccessible to him In the well- known edition of Eckhardt, contain precise directions for its use, designating the eonjnralor nnder the title of Tkahpia, Bren without these, howerer, the Mererlnglaa and Carlovlnglan Capitularies, the Formulary of Marcnifas, and the history of Gregory of Tours should hare preserred him from so groai 3 26 THB WAQER OV LAW. on this point is, tlicrcfoi-c, not so absolute. The nuiver- sality of the practice, however, at a iieriod when intercom- munication was rare, and ancestral habits not easily infringed upon, is a strong corroborative evidence that its origin with all is traceable to prehistoric times.^ The church, with tlie tact which distinguished her deal- ings with her now converts, was not long in adopting a system which was admirably suited for her defence in an age of brute force. As holy orders sundered all other ties, and as the church was regarded as one vast family, eccle- siastics speedily arrogated to themselves and obtained the privilege of having men of their own class as compurgators, and, thus fortified for mutual support, they were enabled to resist the oppressors who invaded their rights on every hand. How completely it became part and parcel of eccle- siastical law is shown by Gregory II. in the early part of the eighth century, when he ordered its employment in cases where husband and wife desired to deny the consummation of marriage.* At last the final seal of approbation was bestowed when Charlemagne, in the year 800, went to llome for the purpose of tryuig Po|X) Leo III. on a grave charge, ' Among the ADglo-Sazoni, for iniUnee, the oarlieii written oodo U the Doonu of iBtboIblrht (noda Hist. Angl. II. 6), eompiled ihortly after hia oonvenlon by Augnstine in 697. It is soaroely more than a list of fines and pnnlsbmenta, oontatnlng no Instnietions for Jadictal procedures, and there- fore its sUenee on the snbjeet of oompargatlon affords no Indioation on the fttl^eet. The next In point of date, however, the Dooms of UlothhsBre and Badrlo, promulgated about A. D. 680, alludes to conjnrators under the name of awJas (eap. 2, 4, 6, Ao.)i after which they form a prominent feature in Anglo-Saxon jurisprudence. It is somewhat remarkable that the custom should not have been indige- nous among the inhabitants of Iceland, when it was universal among their parent Scandinavian races. Their earliest code, the Qriig&«, which dates from the twelfth century, contains no allusion to it (Schlagel, Comment, ad Grigis p. Ixxxiv.). It was, however. Introduced in the JamHda, a code which Haco of Norway endeavored, with indifferent success, to Impose upon them towards the dose of the thirteenth century. * nterque coram septlma manu proplnquorum, tactis sacrosanctis rellqulis, Jurejnrando dlcat nt nnnquam, etc.^Oan. RequlslstI, cans, xzxiil. q. 1. ADOPTXD DT THB OnUROH. 8) nnd in that atignst presence the PontiflT, whom no witnesses (larctl to accuse, cleared himself of the crimes imputed to him hy solemnly taking the oath of denial in company with twelve priests as compurgators.* Three years aflerwardS| the Kmiicror decreed that, in all doubtful caseSi priests should defend themselves with three, live, or seven ecclesi- astical compurgators, and ho announced that this de- cision had been reached by the common consent of Pope, patriarchs, bishops, and all the faithful.* It is true that a few months later, on being shown a decretal of Gregory IL* * SginhMi. AbbaI. ann. 800. — The monkiali ebronlolen bare endeaTored lo ooneeal ibe fiiei thai Leo nnderweni the form of trial like a common eriminal, but the evidence ii indnbitable. Charlemagne allndee to It In the Ca|ill«lam Aqni«|pimente ann. SOS, in a manner whieb admltc of no dlipnto. * Conraltn domlnl et patris noetri Ijeonia Aportoliei eeterommqne Romanm eeeieeijB epteeopomm et reliqaomm neerdotam iiTO Orientalinm et Ora- oomm patriarehamm et mnltoram canetomm epiacopomm et cacerdotom, neenon et noctrornm epifcoporam omninm eeterommqne laeerdotom ae IcTitamm anetoritate et coneenin, atqne reiiqnomm fldelinm et ennetomm eoMiliariomm noetrornm eonaaltn. — Capit Aqnbigran. ann. 803, cap. vit. ' De prevbytero Tcro toI qnolibot taeerdote a popnio aecnmto, ii eerte noB faerint teitcc, qai crimini illato approbent Teritatem, Jnrejnrando eril ia medio, et tllnm teitem proferat de Innoeentim mm Tcrltate, eni nnda et aperta rant omnia, lieqae maneat in proprio gradn. — BonifiieU Bpiet. tzxwl. The rabjeet of the oathj of prieata was one of conilderable perplexity daring the dark egee. Among the nnmeroni privilegea claimed hj the laeer- dotal body wai exemption from the neeenttj of cwearing, and their eflbrta to tbia end date from an early period. That it wet a diipnted qaectlon ctcb in the time of St. Aagnstine ia shown by hia argning that the reaponaibility properly atlaebea to him who reqairea the oath, not to the oath-taker him- aelf. ■* Hon eat contra Del praDceptnm Jnratio, qnm a male eat non jnraatii aed Inerednlilatii ejna a quo Jnrare eogitnr. . • . Qnantnm ad me pertinet, Jnro, aed qnantnm mlhl ▼Idetar, magna neccMitate eompniana." (Apnd Ivob. Deoret. P. xii. e. S, 8.) In 458, the Bmperor Mareian admitted that coelo- aiaatira were forbidden by the eanona to awear — '*qaia eoeleaiaatleb regnlla, et eanone a beatiaMmia epiacopia antlquitna inatitnto, clericl Jnrare pro- hlbentnr." (Conat. 35 0. t. 8.) The Rale of St. Benedict contained a cianao "Hon Jnrare, no forte peijnret,** on which hIa commentator Smaragdna, in the niath centnry, obaerrea "non eat contra Dei prmeeptnm Jnrare,** bnt ont of abnadaat eaation he adda "necerae eat ergo nt nnnqaam Jnret, qnl per* Jnrare timet.** (Comment, in Reg. 8. Ben. cap. It. 4 37.) Bren CharlemagBo 28 THB waqeh of law. ordering the clergy to rebut all accusations with their single oaths, he modified his previous command, and left In 801 yielded bii Mtent io the role, and forbnde the clergy from Uklng formAl oailu — '*nl nnUoi raeerdot qnioqaam earn Jarameniojuret.'* (Capii. ann. 801.) Tbia, howerer, had no permanent effeeft. The bbhopi of Neoitria, who In 868 claimed exemption from taking oatba of allegiance, admitted that judicial oatbi ooald properly be exacted of them. (Cap. Car. Calri Tit. xxvii. 0. 15.) As the line of demarcation between the clergy and the laity grew wider and deeper, the effort waa renewed, and the oath wai regarded as a degradation to thoce engaged in the ■acred ministry of the altar. ** Manns enim per quam Corpus Christi eonflcitnr Juramento polhieUir? Abslt!'* The Bmperor Henry II., whose devotion to the church earned for him the honors of canonisation, endeavored to reconoiie the conflicting demands of piety and common sense by releasing, in 1020, the priesthood from the neces- sity of taking oaths, but allowing them to put forward substitutes, and thus to take the oath by proxy. "Quapropter nos, ntriusque, videlicet divinsB et humansB, legis intentione servata, decernimus ut non episcopus, non abbas, non presbyter, non eqjusconque ordinis elerious, non aliquis monachus vol sanctimonlalis, in qnacunqne controversla, sivi orlminali sive civili, Jn^u- random compellatur qualibet ratione subire, sed suis idoneis advocatis boo offlcium liccat delegare.** — Constit. Ariminens. 8. Henrici. (Migne's Patro- togia, T. 140, p. 232.) Where legislation was so variable and conflicting, It is not easy to ascer- tain positive results ; but in the eleventh century it would seem that before lay Judges ecclesiastics summoned as witnesses could not be forced to the oath, but that when they themselves were parties it could be administered, at the option of their superior, with the proviso that it should be employed only In Important cases. (Cf. Ivon. Panorm. Lib. v. c. 9, 10, 11.) Ivo of Chartres, whose authority as a canonist was undoubted, classes the prohibi- tion among the "prssceptiones mobiles," explaining that a necessary oath is no sin, but that he who can avoid swearing is in less danger of committing perjury than he who takes an oath. *<Non quod malum sit in contractibus hnmanis ex necessitate jurare ; sed quod longlus sit a perjurio qui nnnquam jurat, quam ille qui qualicunque ocoaslone jurat.** (Prolog, in Decrotum.) The struggle between the secular and ecclesiastical authorities on this subject is well exemplified in a case which occurred in 1260. The Archbishop of Rhelms sued a burgher of Ohaudardre. When eooh party had to take the oath, the prelate demanded that his should be taken by his attorney. The defendant demurred to this, alleging that the archbishop hnd in person pre- sented the complaint. Appeal was made to the Parlomont of Paris, which decided that the defendant's logic was correct, and that the personal oath of the prelaU was requisiU. (Ollm, I. 706.) In Spain, a bishop appearing in a secular court, either as plaintiff or OSKSBALLT USED BY X00LS8I A8TI08. 29 the matter to the discretion of his prelates ;* but this had no practical result. In 823, Pope Pascal I. was more than BusiKXsted of complicity in the murder of Theodore and Leo, two high dignitaries of the papal court. Desirous to avoid an investigation by the commissioners of Louis-le- IMl>onnaire9 who were sent for that purpose, he hastily purged himself of the crime in anticipation of their arrival, by an oath taken with a number of bishops as his com- purgators;* and it is a strilciiig example of the weight attaching to the system, that although the assumed fault of the victims had been tlicir devotion to the imperial party, and though the Pope had by force of arms prevented any pursuit of the murderers, the Emperor was powerless to exact satisfaction, and there was nothing further to bo done. PoiMS Pascal stood before the world an innocent It is true Umt, in the tenth century, Atto of Yercelli complains bitterly that a perverse generation refused to be satisfied with the single oath of an accused priest, and re- quired him to be surrounded b}' compurgators of his class," which that indignant saccrdotalist regarded as a grievous wrong. As the priestliood, however, failed in obtaining the entire immunity for which tliey strove during those tarl)ulcnt times, the unquestioned advantages which com- purgation afforded rccommendc<l it to them with constantly increasing force. Forbidden at length to employ the duel in settling their diflerences, and endeavoring, in the eleventh and twelfth centuries, to obtain exemption from the ordeal, they finally accepted compurgation as the special mode of d«f«ii4aDl, WM not exenptod from ih« oath, bat htA ibe liDgvlAr pHriUf • •r «ol being eomp6ll«d to toveb tbe Oo*p*lt oo wbteb be iwore. — Sieta P«r- ttdsf, P. ttt. Tit. zl. I. S4. ' Ciipll. d« Pargat. Bayard, tnn. 803. * Kginbatd. AiiBal. ann. 8M. * Ballefiielioneni Igltvr aeearaii taatrdoila tub Jortjaraiido minima dtonnt mWra, nial plnraa aiiaa raaardolaa Mcnm aompallat Jarara.— Alton, da Praa* raria Xaalaabiil. P. i. 8* 80 THB WAQBR OV LAW. trial adapted to incmlKsra of the church, and for a long period we find it recognized as such in all the collections of canons and writings of ecclesiastical jurists.* From this fact it obtained its api)ellatiou of ^^purgatio canonica," or canonical compurgation. As already remarked, tlie origin of tlie custom is to lie traced to the principle of the unity of families. As tlio offender could summon his kindred around him to resist an armed attack of the injured party, so he took them with him to the court, to defend him with their oaths. Accord- ingly, we find that the service was usually performed by the kindred, and in some codes this is even prescribed by law, though not universally.* The practical working of the ' Burohardut, Ito, GratUnai, passim,— Iron, Epift 74. • L. Longobard. Lib. ii. Tit. xxi. S «. Tii. It. f 12.— L. Bargand, TiL TiU.— L. Boolei. Hoeli Dha e. 26. Lawi ofEUielrvd, TiL ix. H 23, 24.— L. H«niioi I. oftp. Ixxi?. f 1. — See alf o the daoreial of Gregory IL alluded to abore. Tbii point alTordi an Ultisiralion of Uie divergent euitomi of the Latin and Teutonic raees. The Roman law exeroiaed great disoriuiinalion in admitting the erldenoe of a relative to either party in an aoiiun (l*auli Son tent. Lib. V. Tit. zv.— Li. 4, 6, 0, 0. Dig. xxii. v.). Tlie Wieigoths not only adopted this prinoiple, but oarrifd it io far aa to exoludo the ovidenoe of a kineman In a cause between hie relative and a itranger (L. Wisigoth. Lib. ii. TiL iv. c. 12), which wu adopted into the Carlovingian legislation (Benedict. LeviL Oapitul. Lib. yi. e. 348) under the strong Romanising influence which then prevailed. The rule, once established, retained its place through the vicissi- tudes of the feudal and customary law (Beaumanoir, Ooutumes du Bean- Yoisis, cap. xxxix. f 38.— OouL de BreUgne, TiL viiL arL 161, 162). On the other hand, the Teutonic cuntom Is shown as still influential in the eleventh century, by a law in which the Emperor Henry II. directs the em- ployment of twelve of the nearest relations as oonjurators, in default of three peers of the accused — *'cum tribus paribus se expurget; si autem pares habere non potuerit, cum duodecim propinquioribus parentibus sedefendat" (Peudorum Lib. v. TiL ii.). It was a settled principle in the Danish law to a later period. A code of the thirteenth century directs " Factum autem si negat, oognatorumjurejurando se tueatur'* (I^g* Cimbric. Lib. ii. c. 9) ; and in another of the thirteenth and fourteenth centuries it is even more strongly developed : *' Bi juramento cognatorum, quod dioitur nefl'n i kyn se non de- fenderit, solvat bondoni XL. marcas, et regi tantum'* (Gonstit. Woldomarl Regis, 4 ix. also \\ 62, 66, etc.). lie who had no relalives was obliged to NUMDSB OF 00NJUEAT0B8 BXQUIRBD. 81 enstom Is fairly illustrated by a case recounted by Almoin OS occurring under Cliilix;ric I. in tlie latter half of the sixth century. A wife suspected by her husband offered the oath of purgation on the altar of St. Denis with her relatives^ who were persuaded of her innocence ; the hus- band not yet satisfied, accused the compurgators of per- jury, and the fierce passions of both parties becoming ex- citetl, weapons were speedily drawn, and the sanctity of the Tonerable church was profaned with lilood.^ It was manifestly imi>ossible, however, to enforce the rule of kinship in all cases, for the number of compurgators varicil in the different codes, and in all of them a great numlKsr were required when the matter at stake was large, or the crime or criminal im|>ortant. Thus when Chilperic I. WAS assassinated in 584, doubts were entertained as to the legitimacy of his son Clotair, an infant of four months — doubts which neither the character of Queen Fredcgonda nor the manner of Chilixsric's death had any tendency to lessen; and Gontran, brother of the murdered king, did not hesitate to express his belief that the royal child's paternity was traceable to some one of the minions of the court — a belief doubtless stimulated by the promise it afforded him of another crown. Fredegondo, however, repaired her somewhat questionable reputation and secured the throne to her offspring, by appearing at the altar with three bishops and three hundred nobles, who all swore with her as to the legitimacy of the little prince, and no further doubts were ventured on the delicate subject.* A similar case occurred In Germany in 899, when Queen Uta cleared her- Uke sn onlh to that effeet, and then he wm permiUed to prodaoc tweWo oilier mon of proper oharaeter, hg fnu mtn. (Ibid. \ 86.) A relie of the wm% prineiple if ihown at the Mme period in a prorisioii of the mnnielpol law of Soothern Gennaoy, hj which a child under fonrieen jean of age, when aeeaeed of any erime, eonld ho elcared by Ihe parg atoria] oath of the bllior (Jnr. ProTia. Alanian. cap clxiz. \ I). ' Aimolnl Lib. iii. c S«. * Href. Taron. Lib. Yiit. c. 9. 82 THE WAQSR OF LAW. self on an accusation of infidclitj, bj taking a pnrgatoiial oath with eighty-two nobles.* So in 824, a dispute between Hubert, Bishop of Worcester, and the Abbey of Berkeley, concerning the monastery of Westbury, was settled by the oath of the bishop, supported by those of fifty mass-priests, ten deacons, and a hundred and fitij other ecclesiastics.* These were, perhaps, exceptional cases, but in Wales, where the custom was perpetuated until the fifteenth oen* tury, a form of it was known under the name of ossolA, in which no less than three hundred conjurators were habitu- ally required.* Under these circumstances, it is eyidently impossible that a kindred sufficiently large could have been assembled in the most numerous families, and even when the requirements were more reasonable, the same difficulty must firequently have occurred. Among all tribes, therefore, the aid of those not connected by ties of blood must often have been neces- sary, and as it was a service not without danger, as we shall see hereafter, it is not cosy to understand how the requisite number was obtained. In certain cases, no doubt, the possibility of obtaining those not bound by kiudrcd to undertake the office is traceable to the liability which in some instances rested upon a township for crime com- mitted within its borders.* ' Herman. OonirMt. ann. 899. * Bpelman. Coneil. I. 835. ' On qu« ill Tooiront at exoufer (d« la mori das iielB rebellaa tntj taai) par on atiaih Mlonqoa la cuituuio da Qalai, eoii ^ dira, par la fanuanl dn 000. bominea, ato.— I. Henry V. oap. ri. (Spelman. GIom. f. t. AsmuA), * This has baen daniad bj tboaa who anama ibai iht/ntAAorgt of Bdward iba Confenor ara Uia aarllaii inatanoa of lueh iDsUtutioni, bat traaas of oom- munal Booiatlai ara to ba found in tba aarliait tazt of tha Saliqua law (Firat tazt of Pardanni, Tit. xlt.), and both Childebart and OloUir II., in adioU promnlgatad near tha eloia of tha lizth centarj, hold the hundredi or townebipe raiponaibla for robbariai oommittad within their limiU (DaoraL Childebertiaan. 696, o. 10— Deeret. Oblotariill. o. I). It ia not improbable that, aa tha family was liable for tba miadaede of lie members among all the barbarian raoes, so tha tribe or olan of the offender waa NUMBER OF OONJUBATORB. 88 It would be endless to specify all the Tariations in the nnmbers required by the different codes in all imaginable cases of quarrel between every class of society. A few generalizations may, however, be deduced from among the chaotic and conflicting mass of regulations which are to be found in the laws of the numerous races who adhered to the custom for so many centuries. Many elements entered into this ; the nature of the crime or claim, the station of the par- tics, the rank of the compurgators, and the mode by which they were sc1ci*tcd. Tlius, in the simplest and most ancient form, the Ralique law merely specifics twcnty-ftve compur- gators to be equally chosen by both parties.* Some for- mulas of Marculfus specify three freeholders and twelve friends of the accused.* A Merovingian edict of 593 directs the employment of three i)ecrs of the defendant, with three others chosen for the purpose, probably by the court.* Alternative numbers, however, soon make their appearance, depending upon the manner in which they were chosen. Thus among the Alamanni, on a trial for murder, the accused was obliged to secure the support of twenty chosen men, or, if ho brought such as he had selected himself, the num1)er was increased to eighty.^ So in a capitidary of lUbU wb«tt the offtne* wm oommliUd upon m iii«iBb«r of »notiier tribe, and Meh •diets tm those of Childebert and Cloteir were merelj »d«ptotionf of the rale to the existing eondltion of soeietj. The most perfeet early eode that has reaehed ns, that of the aaeient Irish, expresses In detail the responsibility of each sept for the aetiens not only of Its members, bnt of those also who were in any way oonneeted with it. ** And beeanse the fonr nearest trlbea bear the erimes of eaoh hinsman of their stook. • . . And beeanse there are fear who hare an Interest in erery one who snes and is seed : the tribe of the father, the ehlef, the ehnreh, the tribe of the mother or foster-fhther. . . . Rrery tribe is liable after the abscond ing of a member of it, after aotioe, after warning, and after lawfal waiting."— Senehos Mor. 1. 16S-6. ' First text of Pardemns, Tit xlii. f 5. * Inseqnentnr Toro post Ipso tree aloarll et dnodeolm oonlandaates Jvra- Tenint — Marealf. App. xxxU. ; Ibid. xxix. * Past, pro Tenore Paeis oap. t1. * L. Alaman. Tit. IxxrI. Bo in 923 the Conneil of Cobienis dlreeUd that acensatioas of saerilege eonld be rebntted with *' XXIV totis nomiaaUs atqne 84 TnS WAQKR OF LAW. 803 Oharlcmagno prescribes seyen chosen conjurators, or twelve if taken at random/ a rule which is virtually the same as that laid down bj the Emperor H^nry III. in the middle of the eleventh century.* Variations likewise occur arising from the natnre of the case and the character of the plaintiff. Tims in the Scottish law of the twelfth century, in a criminal charge, a man could defend himself against his lord with eleven men of good character, but if the king were the accuser, twenty-four were requisite, who were all to be his ])eers,* while in a civil case twelve were sufficient.* So in the burgher laws of David L, ordinary cases between citizens were settled with ten conjurators, but eleven were necessary if the king were a party, or if the matter involved the life, limb, or lands of one of the contestants.* Instances also occur in which the character of the defendant regulated the number required. Among the Welsh, the laws of Hoel Dha provide that a wife accused of infidelity could disprove a first charge with seven women ; if lier conduct provoked a second investiga- tion, she had to procure fourteen; wliile, on a third trial, fifty female conjurators were requisite for her escape.' In •leoUi Tirii ... Mi »Uliiioii nomlnaiix tamen ing«nnli LXXII." (UmU- b«iiii Oonoil. Q«rmui. II. 600.) * OapH. Om. Mag. IV. ann. 803, eap. z. * Ei e»Urb hominibut non plus d«b«nt quam Mpt«m penonafl, nil rero loeiU duodeoim.— Qoldast. Conslii. Imp. I. 231. ' Qaonlan Attaohiaiii«nia oap. zzIt. ii 1| 4. In anotb«r code of nearly ib« fame period, in simple oasee of iheft, when ihe aeoueer had no tesiimon/ to inbetantiate hie olalm, thirtj oonjuratora wore neceiiary, of whom three moflt be nobles.— Regiam Majeatatem Lib. it. o. 21. * Quoniam Attaohiamenta oap. Izzt. fi li 4. * Leg. Bargornm oap. zziT. f 8. In oaeei ooonrring between a eltiien and a oonntryman, eaoh party had to provide ooi\)aratorf of hie own ola«. — Ibid. 4 1. * Leg. Boelef . Hoeli Dha oap. 14. — It If worthy of remark that one of the few direotionf for legal prooedurea oontalned in the Korun relatee to oasea of thia kind. Chapter zzir. 6-0 direeta that a hoaband aeoaaing hia wife of infldelity, and haring no witneaaea to proye It, ahall aubatantiate hia aaaertion by awearing fiyb imea to the truth of the charge, invoking upon himaelf the SXLXOTION or OONJURATORS. 85 the Anglo-Saxon Jurispnidcncef the frangensjunjurandumj fi8 it was called, grew to be an exceedingl j complex system in the rules by which the number and quality of the conjn- rators were regulated according to the nature of the crime and the rank of the accused. In cases of iieculiar atrocity, such as a violation of the sanctity of the grave, only thanes were esteemed competent to api^earJ In fact, among the Anglo-Saxons, the value of a man's oath was rated accord- ing to his rank, that of a thane, for instance, being equal to those of seven yeomen.* The same peculiarity is ob- servable among the Frisians, whose laws required that compurgators should be of the same class as their principal, and the lower his position in the State, the larger was the number requisite.* Equally various were the modes adopted for the selection of rompurgators. A mong tlie untutored barbarians, doubt- less, the custom was originally universal that the defendant procured the requisite number pf his friends, whose oaths ■Ml«dl«lloB of G«d ; whUe llie wife wm abU to r«bai tti« aceiu«lioB hj tti« ••■• preeMi. Ai this ehaptor, how«T«r, wsi i«?eAl«cl to the Prophot sfUr ho bad wrilhvd for a month onder a ehargo broaght-againrt bis IkTorito wifo Ayoiba, which ho ooald not difrogard and did not with to ontertaiB, tbo law li rathor to bo looliod opon aa ex poa faeio than aa Indieatlng any pocnliar tendonoj of tbo ago or raoo. ' Wealroaf, t. «. raortaan reforo, ott opai nitbingl; li qals hoe nogaro ToHt, Ikoioi boo ona zl?iiL tajnia plono nobUiboi .— Log. iBthelatani, do Or* daUo. * SaeraaontaB Itboralia bominla, qaom qaldom Tooant tw4fl*»f» d 9m a n^ dobot ilaro ot raloro jaramoatam Mptom Tillanomni. (Log. Cnotl oap. 1S7.) Tbo ttrtlfkfnieman moant a tbano (Twolfbindoa oft bono plono nobUit I. Tbainw.— Leg. Ilonrlol I. Tit. IxxrL f 4), wbooo prieo wai 1300 tolldi. Bo thoroagblj did tbo itrvotaro of Jorispradeneo dopond vpon tbo ijitora of wobrglld or eompooltion, that tbo Tarioof elanet of toeloty wero namod according to tbo Talao of thoir beads. Thai tbo Tillola or chtrleman wm also oalled iwfkin^MS or twykituUman, his wehrglld being SOO soUdl ; tbo fmiemicki (road-knlgbt, or raoantod follower) was a ttrJundewutn ; and tbo oooiparatiTo jadleial weight of thoir oaths followed a similar seals of ralaa* UoB, which was In foreo oron snbsoqvontly to the Conqaost. (Log. Denrlol I. Tlt.lxiv. fS.) « L. FrisloB. Tit. L 36 TUB WAGBE OW LJkW. wete sofficicni lor his dudiArge. Eren to a eMBpaimiirelj UU€ period Uiis preraikd extensiTel j, ^ud its ctUs were forcibly pointed oat bj HiiKTnar in tbe ninth centaij. In lefoaing to admit the purgation of an odemling |>ricsi with ecclesiastics of his own choice, he states thai evU-mindcd men combined together to defeat justice and secure immo- nitj Ibr their crimes bj sening each other in turn, so thai when the accused insisted on offering his companions to the oath, ii was necessary to make them anilergo the or- deal to proTC their sincerity.* Uis expressions show thai the question of selection ai thai time was undecided in France, and the altematire numbers alluded to above prore thai efforts had been made to remove the difficulty withoui success. Other nations, however, met the ques- tion more decidedly. The original Ijombard law of King Rotharis gave to the plaintiff the privilege of naming a majority of the compurgators, the remainder being dioeen by the defendant,* but even in this the solidarity of the family was recognized, since it was the duty of the plain- tiff to select the nearest relatives of his adversary.* The English law was the first to educe a rational mode of trial from the alisurdity of the barbaric traditions, and there it finally assumed a form which occasionally bears a striking resemblance to trial by jury — in fact, it insensibly runs into this latter, to which it probably gave rise. By the laws of Canute, in some cases, fourteen men were named to the defendant, among whom he was obliged to find eleven will- ing to take the purgntorinl onth with liim.* The selection ' Bl aoUm draoninaUw a nobii tibi presbyUrot •A faoiMB svAm pargmn- iUm hab«re ncquii, et alio* adMoam jarandaoi cooduierii, quoniau azporii fanitti qootdaoi ad invieem eontpirasfe, ei repeiiU matuo in taa purgation* joreni, ale.— Ilinemari Epiai. izxir. Bo alao in hi« Capii. Sjnod. ann. 862, II. XZT. * L. Longobard. Lib. ii. Tit. Ir. f 5. * Ibid. Tit. xzi. 4 9. The plaintiff, howerar, was prohibitod from nomi- AallDg aD7 of tha family who were pertonall j hostile to the defendant. * KomlBCBtar el XIV., et adqoirat XI., et ipee tit dnodecimut.— L. CnuU a. IztL BSLBOTION or 00NJURAT0R8. 87 of these Tirtunl jurors was probablj mndo by the gerefa^ or shertflT;* they could be challenged for suspicion of par- tiality or other comiwtent cause,' and were liable to rejec- tion unless unexceptionable in every particular.* Very sim- ilar to this was i\\^8tockneffnoti\\ii ancient Danish law, by which, in cases where the relatiyes were not called ui)on, thirteen men were chosen, a majority of whom could clear the accused by taking th6 oath with him. They were nom- inated by a ixsrson api^oiuted for the purpose, and if the court neglected this duty, the priyilege enured to the plain- tiff.* Tlie Northern nations were evidently less disposed to favor the accused than the Southern. In Sweden and Denmark, another regulation provides that although the defendant had a right to demand this mode of purgation, }*rt the plaintiff had the selection of the twelve men who served as conjurators ; three of these the accused could challenge for enmity, but their places were supplied by the plaintiff.' The evanescent code compiled for Norway and Iceland by Ilaco Ilaconsen towards the close of the thir- teenth century is more equitable in its provisions. Though It leaves the nomination of the conjurators to the defendant, the choice is subject to limitations which placed it virtually in the power of the court. Tlicy were required to l)c men of the vicinage, of good repute, i^eers of the accused, and in no waj' connected with him by blowl or other ties,* Such care in the selection of those on whom duties ■ Laws ofStlMlrMl, Tii. lit. e. xm. • L. mnrlel I. TH. xui. « 8. * Ibid. Tit IzH. S 10- « Oowill. WoIdMiari B«glt, H Hi. IzzH. • L. BoMto Ub. Tii. 0. 8.^Cluuri. Woldemari lUglt, ann. 1I6S. {Dm Caaf* f. T. Jurmwftniufm,) * BJvsdMD M ipM dignlUtlf, ]»rozvRi« hablUntct, •! h^Jw r«l raazim* gaari, mt aSaiteUf neo liiUro«d*iiU«m eAuarvB tIucbIo cam no eo^j«B«ti, •dalUi «l*Ut M Jadietl, ■•« In anlee^Maa »■! pcijarll Ml fal«l UtUawli •«to l«auM0.--JMmtidii, ThioTii-Biillir, cup. Iz. z. 4 38 TnS WAQKR OV LAW. BO responsible devolved did not prevail among the more Southem races at on earlier age. Among the Lombards, slaves and women in tutelage were often employed.* The Burgondians required that the wife and children, or, in their absence, the father and mother of the accused should assist in making up the number of twelve,' and the idle nature of the ceremony under such regulations is shown by its prohibition under Charlemagne for the reason that it led to the swearing of children of tender and irrespon- sible age.* That legislator, however, contented himself with forbidding those who had once been convicted of i)er- Jury from again appearing either as witnesses or conjura- tors;* and the little care that was deemed necessary in their selection is shown by a law of Louis-lo-Ddbounaire ordering that landless freemen should be allowed to serve as coii- Jurators, though ineligible as witnesses.* A truer concep- tion of the course of Justice is manifested, some centuries later, by the Bdarnese legislation, which required that the aeguidars or conjurators should bo men able to pay the amount at stake, together with the fine incurred by the losing party,* or that they should be fair and loyal men, not swayed by enmity.^ Yariations are likewise observable in the foim of admin- istering the oath. Among the Alamanni, for instance, the compurgators laid their hands upon the altar, and the principal placed his hand over the others, repeating the oath alone;' while among the Lombards, a law of the Em- peror Lothair directs that each shall take the oath sepa- rately.* It was always, however, administered in a conse- * L. Longobard. i. zzziii. 1, 8. * L. Dargund. Tit. viii. ' Caplt. Car. Mog. i. ann. 780 o. Izil. ' Ibid. * Capii. LudoY. Pii ann. 829 Tit. iii. f ri. * For d« Morlaaf, Rubr. xli. art. 146-7. The fame oapaoitj waa required of the UttimonU or witnesfea. ^ Que f Ion booa et loyaiu, et qne no elen tnemiezf . — ^Fori de Bdarn, Rnbr. xxz. * L. Alaman. Tit. vi. * L. Longobard. Lib. ii. Tit. Iv. S 28. TALUS OF OOMPUBOATION. 89 cmtcd plftce, bcforo delegates appointed by the Judges trying tlic canse, sometimes on tlie altar and sometimes on relics. A formnla of Marculfus specifies the Gapella S. Martini, or cope of St. Martin/ one of the most venerated relics of the royal cha|)el, whence we may perhaps conclude that it was habitually used for that purpose in the business of the royal Court of Api)eals. Tliere has been much discussion as to the exact nature and legal weight of this mode of establishing innocence or vindicating disputed rights. Some authors assume that in the early ])eriod, before the ferocious purity of the German character had become adulterated with the remains of Ro- man civilisation, it was used in all descriptions of cases, at the o]ition of the dcfrudant, and was in itself a full and satisfactory proof, received on all hands as equal to any other." The only indication that I have met with tending to the sup])ort of such a conjecture occurs in the Lombard co<1e, where Rotharis, the earliest compiler of written laws, abolishes a previously existing privilege of denying under oath a crime after it had been confessed.' A much more powerful argument on the other side, however, is derivable from the earliest text of the Salique law, to which reference has already been made. In this, the formula shows clearly that conjurators were only employed in default of other testimony;^ and what lends additional force to the conclu- ' ' Mareair. Lib. t. Fomvl. xxztUI. * KSnlgtwftH^r, itadtt HUlori<|iieff, p. 167. ' Naa D«Ui He«fti, poftqnam manifotUTerli, pMtea per fMnBiaiiivm negart, qvod non til evipabllls, potlqaan llle ta ovlpabilem a«lgna?ii. Quia Ballof oognoTlBttfl In regno noetro lalef pra?afl opponantea Intanilonce, •i hiN moremnt noa pr^Mntara eorrlgera lagcm, el ad nellorem eiatvB reroeere. — L. Lengobard. Lib. it. Tit. Ir. § 8. * SI qala homlnen lagenno plnglaTerlt ei probailo eerla son fait, aleal pro oeelio Jaratore donet. SI jaratorei non potuerli Invenlre, VIII If dina- rio«. (|ai foelant eolldoe CC, ealpabllls jndleetar.— Tit. zzxiz. § S. A eliBt- lar iirotUlon— '*ri tamen probatio eerta non rvarit'*— ocean In Tli. zlil. \ b. 40 TnS WAQER OF LAW. tlon is that this direction disappears in subsequent revisions of ttic law, wlierciu tlie influences of Cliristianity and of lioman civilization are fully appai*ent. No safe dedue- tions, indeed^ can l>e drawn from more omissions to specify that the absence of witnesses was necessary, for these ancient codes aro drawn up in the rudest possible manner, and regulations which might safely be prestmied to be familiar to every one would not t)o re|X!ated in their curt and bar- tmrous sentences with the careful redundancy of verbiage which marks our modem statutes. Thus there is a passage in the code of the Alamanni which declares in the most absolute form that if a man commits a murder and desires to deny it, he can clear himself with twelve conjurators.^ Ttiis, by itself, would authorize the assumption that com- purgation was allowed to override the clearest and most convincing testimony, yet it is merely a careless fonn of expression, for another section of the same code e3q)re8sly provides that where a fact is proved by comi)ctcnt witnesses the defendant shall not have the privilege of producing compurgators.* It therefore seems to me evident that, even in the earliest times, this mode of proof was only an cxpcdieut resorted to in cases of doubt, and on the necessity of its use the rachinborg$ or Judges probably decided. That it was so in subBCcpieut times is generally admittc<l. It is scarcely worth while to multiply proof; but a few referauces will show the light in which the custom was regarded.* *■ St qnii homintm oooidarU et negare voluerit, oum daodeolm nominaiis Jar«t. — L. AUman. TU. bxxxiz. * Ibid. TU. ZLii. * Vor intiano«, in ih« Baloarianlaw— **Koo faeiUad faoramenta TeiilAlur . . . In hU vero eausU laoramenta prioaUniur Inquibaa nuUam probntion«in dlaoanio JudloanUf invenerU." (L. Baioar. TU. viii. o. 16.) la a CapUa- lary of LoaU-le-Ddbonnaln, — " Bi hujai faoU tMtes non habuerU oum duo- doolin ooi\{araioribns legUimU per •aoramontum adfirnisi." (CapU. Ludor. PU ann. 810 S !)• In one of the Emperor Lothair,— <*Si testes habere non poierl.i, oonoedimof ut oum XII. Jaratoriboa jaret." (L. Longobard. Lib. i. BSPULOnaAL OATHS. 41 Confidence in its ability to supplement absent or deficient testimony was manifested in a singular form — ^the jurti- menium Bupcrmortuum — which was employed by various races, at wide intervals of time. Thus, in the earliest legis- lation of the Anglo-Saxons, we find that when the defendant or an important witness was dead, the oath which he would have taken or the deposition which he would have made was obtained by proceeding to his tomb, where a certain number of conjurators swore as to what he could or would have done if alive' Two centuries later, the same custom is alluded to in the Welsh laws of Hocl Dha,* and even as late as the thirteenth century it was still in force in Southern Ocnnany." Til. tx. 4 S7.) So Looif II., In 854, ordered Ihsl Araiui uenaod ofharborlas robber*, if Ukea in the oet, wm Io be immedialelj pnnished, bai If merely el ted OB popular ramor, be wai at llbertj to elear binaelf with tweWe eom- par^atort. (Reeeei. TIeinen. Tit. ii. eap. S.) It waa the lame ia eabeeqaeat periode. The Soottieh law of the twellUi oeatary alladee to the abeenee of testlmoay ai a neoeeaarj prellmiaary, bat whea aa aeqaittal waa onee obtained in thif manner, the aeeayed leema to ha?e been free from all ivbeeqnent proeeedingi, when ineonrenient witncoeee might perhapa tarn op—" Bt el hoe modo pargataf fnerit, abeolretar a po- UUono Regie in poeteram.*' (Regiam Majeetatem. Lib. it. e. SI.) Bo, in the laws of Nieaport, granted by Philip of Aleaee. Coaat of Flandera, la 1163. **Bt el hoe ieabiai toI opidanl non eognoTerint, eonqaoreni eom jaramento qnerelam iiaam eeqaetar, et alter ee eieaeablt Jaramento qoinqae homiaam. '* (I^eg. eeoandn Norlporiap.) The legislation of Norway and leo- laml in the neat eentary is oTen more poaitire. ** lie tantam oonoeaeia qam legnm eodiees eaaelunt, jaramenta nempe pargatoHa et aoeaiatoria, abl legitimi defneriat testes." (Jamslda, Mannhelge, eap. xxxtII.) Ob the other hand, an exeepUon to this general prinelple ii apparently foaod in a oonsUtation of the Bmperor Henry III., isaaed aboat the middle of tlm ole?enth eentary '* Si qaem ex his domloas saas aeeasa?erit do qaa- eanqao re, licet llll jaramento se onm sals eosBqaallbas absolToro, ezeeptis Iribaa : hoe eat si In Titam dominl snl, aatin eameram ^at eonsillam habalsso argaltar, aat ia manitiones ejas. Cssteris Tero homlnlbos de qaaeanqao objeoUone, abaqae adrooato, eam sals eomqaallbaa Jnramento so poterit ab- aolvere." (Uoldast. Constit. Imp. I. 131.) * Dooms or Ine, eap. liil. * Leg. Beeles. Iloell Dba e. S7 ■ Ba aatem debita de qalbas noa eoastat, saper mortaam probari debenti sepliaKa ouuia.— Jar. ProTln. Alaman. cap. r\\. f S. 4* 42 TIIS WAOSR OF LAW. In such cases as these, there could bo no doubt as to the absence of testimony, but legal compHcatious are too vari- ous and perplexing to render all questions so easy of solu- tion, nor can we e3q)ect to find, in the simplicity of primitive laws, elaborate general directions that may guide us in any attempt to investigate thoroughly the principles which the untutored barbarian may have applied to determine the ad- missibility of this kind of evidence. That they were not always such as would appear rational to us of the nineteenth century may safely be assumed. The laws of Iloel Dha re- quired, for instance, that compurgation should be allowed only in cases of uncertainty,^ yet how latitudinarian was tlie definition of uncertainty, and how great was the benefit of the doubt interpreted in favor of the criminal, is shown by its application to parties taken in adultery, flagrante de- lictum who were allowed to escape on the production of fifty men to take the oatli with the male culprit, and fifty women with the female,' though what was the vei*dict when the one was successful and tlie other partner in guilt failed, does not appear. The employment of compurgators also deiiendcd fVo- quently upon the degree of crime alleged, or the amount at stake. Thus, in many codes, trivial offences or small claims were disposed of by the single oath of the defendant, while more important cases required compurgators, whose num- bers increased with the magnitude of the matter in question. This principle is fairly illustrated in a charter granted to the Yenetians in the year 1111 by ITeury V. la suits which amounted only to a silver poiuid, the oath of the party was * L. EooIm . 0. 8. Bt hoo tamen fit inoertum. * The oradit J of UiU regnlaiion li alinosfc Inoredible. — ** Et tribal de eaaaif daUr tolejurameiitttiii. Sivideatnr malier ▼enieni de luoo d« unafiarto, el vir Tenieni de altero parte ejuadem laoi In eadem bora, vel si videantar iniimnl Jaoentefl lub nno pallio, vel li videatur vir inter femora mulieris." (Ibid. oap. 17.) Perbapi thii maj be attributable to the looienen of the marriage iio among the Welsh of the period. i\ FORMULA OF OATH. 43 sufficient; but if the claim amounted to twclyo pounds or more, then twelve chosen men were requisite to substantiate the oath of negation.^ In later times, compurgation was also sometimes used as an altenmtive when circumstances prevented the employ- niont of utlicr |K>pular modes of dcttidhig doubtful cases. Those, for instance, who would onlinarily Ix) required to defend themselves by the wager of battle, were i)ennitted b}*^ some codes to substitute the oaths of a certain number of conjurators, when precluded by advanced age from ap- |)earing in the arena. The burgher law of Scotland affords an example of this,* thougli elsewhere such cases were usually settled by the substitution of champions. The ])rimitive law-givcra were too chary of words in their skeleton codes to embody the formula usually employed for the compurgatorial oath. We have therefore no posi- tive evidence of its nature in the earliest times; but as the forms made use of by several races at a somewhat later |ierio<l have been preserved, and as they resemble each other in all essential respects, we may reasonably assume that little variation had previously occurred. The most ancient that I have met with occurs in an Anglo-Saxon fonnulary which is supiK>sed to date from al>ont A.D. 900: ^Hy the liord,' the oath is clean and uni)erjurc<l which N. has swoni."* A century later, in a compilation of the liombanl law, it api)ears: *^That which the accused has sworn is true, so help me God."* Tlie form siXK^ified in Ileam, at a i)eriod somewhat subsequent, is curt and dcci- * UatgCod. lUI. Diplom. II. 1055. * 81 V«rgratto MlamniAlai praUrili »Ulem |tQ|piMi4l, et ho« tnonlaTwrii H OT* rcii|MNMloB*, BOB |tQgiiabit. 8«d Janraienlo daod««lB Uliaa qoftlii tpM fa^rii, M pargmbtl.— L. Dargonm e»p. S4 ff 1, S. * Oa |>mie DrihUn m aK ii ol»n« aad anmsae )>• N. iwor. — ^Thorpa'i An- eUaiLawt. I. tS(K.l. * Hm qaod anwnalai JoraTii, T»nim jara?lt Sie Daai, eto.— Fonaol. VH. la L. LanK«ilMiH. (ncnr|ii«rh, 1375-A.) 44 rum wagbe ow law. mre: ^Bj i\u:Me satoU, he telU the truth;"* while the code m t(ffi:it in Xomuuuly outil the Bixteenth century directs m iinth uUiUiU'jd in spirit: '^The oath which William has uwoTU in true, uo lic»li# me Ocn! and hi4 saints.'^ It will be iAmtctifed that ail thene, while e»fteutially diatinct from the (rath of a witneaa, are atill uuiiualilicd aaaertiuua of the truth of the princt|#al^ and not mere asseverations of hetieT or protestations of confidence. The earliest deiuulore from tills fiositire affirmation, in secular Jurisprudence, occuni In tlie unsuccessful attempt at legislation for Norway* and Iceland by Ilaco Ilaconsen in the thirteenth century. In this, tlie fmfiropriety of such oaths is pointed out, and it is directed that in future the compurgator shall swear ouly, in confirmation of his principal, that he knows nothing to the contrary.* Wo shall see that before the custom fell into total disuse, the change which Ilaco vainly attempted for his subjects came to fje generally adopted, in consequence, principally, ift the example set by the church. Even before this was formally promulgated by the Poi)cs, however, ecclesiastics o<$casioually showed that they were more cjireful as to what they swore, and at a comparatively early period they intro- duced the form of merely asserting their belief in the oath taken by their principal. Thus, in 1101, we find two bishops ' Vn ftfiaeti ftnU Ter dlU. — Von de B^arn, Babr. li. art. 165. ' iNi §tm0tki qD« Quniaume a Jnr6, taaf •ermeni a jur^, aimi m*aUi Dieu •i Ml Sftlnait.— ADoi«DDe Coot, do Normandle, chap. Izzzv. (Boardot de liUlitboiirc, IV. 64.) ' If obli adboM Dm ooram perioalotom eise vldetur, ejus, oujua inieroti, JttiflaraDduni pursalorlum edendo prioeuiite, omnaa (ab ao produoti Uaio«) lifd«m ao IIU «ODe«piii TerbU jorare, Inoeril quamrit fuerini, vera ne an falsa Jiireiit. Not leglbai Ulatttm voluinuB ut ilU, eujut interest, Jusjuran- dttm oooeeptls yerbis solam prsBstet, osDteri vero ejus firment Ju^nrandnm •4ljlelentes se neqnid verius, Deo coram, scire, qaam jurassont. — Jarnsida, Mannbelge, oap. xziTli.— The passnge is cnrious, as showing how little oon- fldenee was really felt in the purgation, notwithstanding the weight attaohing to It by law. WANT OF OONFIPKNOK. 45 cnclcAvoring to relieve a brother prelate from a charge of Riiiioii}', and their compurgator ial oath ventures no further than ^* I believe that Norgaud, Bishop of Autun, has sworu the truth. So help me God.'" Notwithstanding the universality of the custom, and the alisolute character of the decisions reached bj the process, it is easy to discern that the confidence rei)Osed in it was of a very qualified character, even at an early iKsriod. The primitive law of the Frisians dcscril^es some whimsical proceedings, prescril^ed for the pnriH>se of determining the rcs|>onsibility for a homicide committed in a crpwd. The accuser was at lilierty to select seven from among the par- ticiiwnts of the brawl, and each of these was obliged to deny the crime with twelve conjurators. This did not aliflolvc them, however, for each of them was also indivi* dually subjected to the ordeal, which finally decided as to his guilt or innocence. In this, the value of the com- purgation was re<luce<l to that of the merest technical cer^ mony, and yet a failure to procure the requisite number l of 8np|)orters was tantamount to a conviction, while, to y, crown the absunlity of the whole, if any one succumbed in ' the ordeal, his conjurators wei*e punished as jierjurers.* A similar want of confidence in the principle involved is shown by a reference in the Anglo-Saxon laws to the conjurators of an accused party being outsworn (overcythed)^ when recourse was likewise had to the ordeal." As regards the church, although the authoritative use of compurgation among ecclesiastics would seem to demand for it among them implicit faith in its results, yet we have already soon that in the ninth century, Ilincnmr did not hesitate to require that in certain cnncs it should lie conflnned by the ordeal ; and two centuries Inter, a remark of Ivo * Cr^flo Noripiadam tutoiii Rdaeniiem epIfoopDm Tcra jnr&Me, tlool ■• iVai Mj«Tet.— lliiKn, FlATiniM. Lib. ti. * U rrWoimm Tli. il?. * l»M»iii* or King Frflvanl, cap. Hi. 46 Tns VAQBB or law. of Ohartrcs implies a strong degroo of doubt as to its efllcocj. In relating tliat Sanetio, Uisliop elect of Orleans, when accused of simony by a disappointed rival, took the oath of negation with seven compurgators, he adds that the accused thus cleared himself as far as he could in the eyes of man.* That the advantages it offered to the accused were duly appreciated, both by criminals and Judges, is evident Arom the case of Manasscs, Archbishop of Rhefms. Charged with simony and other offences, after numerous tergiversations he was finally summoned for trial before the Council of Lj'ons, in 1080. As a last effort to escape the impending doom, he secretly offered to Bishop Hugh, the Papal legate, the enormous sum of two hundrcil ounces of gold and other presents in hand, besides equally liberal prospective payments, if he could obtain the privi- lege of compurgation. with six suffragan bishops. Gregory YII. was then waging too uncompromising a war with the corroding abuse of simony for his lieutenant to yield to any bribe, however dazzling; the proffer was spumed, Manasscs confessed his guilt by absence, and was accord- ingly dci)osed.* The comparative value attached to the oaths of conjura- tors is illustrated by the provisions which are occasionally met with, regulating the cases in which they were employed in default of witnesses, or in opposition to them. Thus, in the Baioarian law, the oath of one comixstent witness is considered to outweigh those of six conjurators ;* and among the Lombards, an accusation of murder which could be m^t with three witnesses required twelve conjurators as a substitute.* It is thus evident that conjurators were in no sense wit- nesses, that they were not exi)ectcd to give testimony, and that they merely expressed their confidence in the veracity * Qaaotam in eonflp«ota hominnm purgari poUrat.— Iron. EpUt liv. * Hugo. Flaviniae. Lib. ii. " L. Baioar. Tifc. ziv. enp i. \ S. * t. Longobard. Lib. i. Tifc. ix. i 87. LIABILITY OF OONJUnATORB. 47 of their priiicipftl. It thcrcroro at first sight appears some- what unreasonable that tlicy should have been held guilty of perjury and subject to its penalties in ease of unluckily sustaining the wrong side of a cause. It is probably ow- ing to this inconsistency that some writers have denied that they were involved in the guilt of their principal, and among others the learned Meyer has fallen into this errorJ The proof, however, is too clear for dispute. We have already seen that the oath was an unqualified assertion of the Justice of the side esi>ou8ed, without reservation that would enable the compurgator to escape the charge of false swearing, and one or two allusions have been made to the punishments inflicted on them when subsequently convictcfl of mistake. The code of the Alamanni recog- nised the guilt involved in such cases when it denied the privilege of compurgation to any one who had previously liecu more than once convicted of crime, giving as a reason the desire to save innocent persons from incurring the sin of iKijury.* Similar evidence is derived from a regulation promulgated by King Luitprand in the Lombard law, by which a man nominated as a conjurator, and declining to serve, was obliged to swear that he dared not take the oath for fear of his soul.* A case in point occurs in the life of St. Uonifnce, whoso fellow-laborer Adalger led his property to the church. His graceless brothers disputed the tiequest, and offered to make good their claim to the estate by the requisite number of oaths. The holy man ordered them to swear alone, in order not to be concerned in the destruc- tion of their conjurators, and on their unsupported paths gave up the projicrty.* * IntillqtIoM Jadlelalr«8, 1. 817 (Pard«8fni). * Ut pro|it0r ■VAm ncqaUUm alii qoi Tolanl Del •■■• non m peijqrenl, ■M preiiUr oq1|mibi atlenam ••meliptoi p«rd«iit — L. AIabiib. Tit. sill. 4 1« ' Qaod pro •nima toa tinendo, noil prstaBal i««na««lalif mm. — L. Lo«r>bMd. JAh. ft. Til. U. 4 14. * OUiloa. Yll. 8. Bonif. Lib. it. e. zxi— •• Vm noli Jvraiia, •! Tvliia: solo al OMSM hM eoBgrepiiM p«rdiitif.*' — Donifiiee, hoir«T«r, did Doi wMklj 4$ TIIS WAOEE or LAW. The law had no hesitation in vL^iting soch cases with the fjciiaUica rescrvc<l for pcijiiiy. By the Saliqiic code onlfKrkjr Cfiiniifirgators were hcavilj fiuctL* Ainoug the FriniaiiSi they hail to I my themselves off from |>iiui»hmeut hjr the amount of their wehrgild — the value set u|m>u their heads** A slight relaxation of this severity is manifested in a constitution of Pepin, King of Italy, by which they were ]>anished with the loss of a hand — the immemorial penalty of ])eijury — unless they could establish, by under- going the ordeal, that they had taken the oath in ignorance of the foets.* This regulation is a tacit disavowal of the fundamental itlea n^ion which the whole system was erected, but it was only a temi)orary edict, and had no permanent eifeci. Even as late as the close of the twelfth century, we find Celestin III. ordering the employment of conjurators in a class of cases about the fincts of which they could not possibly know anything, and decreeing that if the event proved them to be in error, they were to be punished for perjury** That such liability was fully rccognize<l at this )>cri<Hl is shown by the argument of Alipruudus of Milau, a C45lebraied contcniporury legist, who, iu nuihilniuiug the )K>sition that an onliuary witncHH counnitiiug |ierjury must always lose his hand, without the privilege of reilceuiiug it, adds that no witness can perjure himself nninteutionally ; but that conjurators may do so either knowingly or lui- knowingly, that they are therefore entitled to the benefit of the doubt, and if not wittingly guilty, they should have the privilege of redeeming their hands.* sbsndon ih« osiim of i1i« oharoh. He freely iDvoked earaes on the greedj brelhrtn, whioh being falllUed on the elder, the terror-itrioken Burvivor giftdlj rellnqttlfhed the dangerona inberlianoe. ' Xi. Sello. Tit. I. ii 8, 4. * L. Vrlflonnm Tit. x. * Osplt. Plpplnl snn. 708, f 16.— Caplt. Our. Mng. Ineert. anni o. z. (IlarU. btln Oonell. Qerman. I. 420.) ' Oeleit. III. ad Brugnam Bplao. (Balui. et Manil, III. 382.) * Cod. Vatloan. No. 8846, QIum. ad L. 2 Lombard, ii. 61, apud Savigny, SAVXaUABDS or TUB 8TBTXM 49 All this Becms in the liigliest degree irrntional, yet in criticizing the hnrdships to which innocent conjiirntors ircro thus ex|K>8ed, it ahoiiUl be borne in mind that the whole 83*8tem wfu a 8ulcci8m. In it8 orighi, it wa8 aim- ply 8nmmouing the kinamen together to bear the brnnt of the conrt, 08 they were lx)nnd to do that of battle ; and S8 they were liable for a i)ortion of the fine which wa8 the penalty of all crimea — ^[lersonal puniKhnients for freemen being nnknown — ^thcy conld well afford to incnr the riak of paying for perjnry in order to avoid the asaeasment to bo levied niH>n them in caao of the conviction of their relative. In anbeeqnent perioda, when thia family reaiionaibility bo- caroe weakened or diauae^l, and the progreaa of civilization rendenMl the intereata of aociet3'nioro complex, the cuatom conld only lie retained b}' ron<lcring the oflico one not to lie lightly nndertaken. A man who waa endeavoring to defend himself from a probable cimrge of mnrder, or who desired to confirm liia posaeaaion of an eatate againat a comix^titor with a fair ahow of title, waa exi)ected to prodnce gnarantiea that wonld carry conviction to the minda of impartial men. Ab long aa the practice existed, it waa therefore ueceaaary to inveat it with every aolemnity, and to guard it with pcnaltlea that wonld obviate aome of ita diaadvantagea. Accordingly, we find that it waa not alwa^'s a matter of courae for a man to clear himaelf in this manner. The ancient codes have frequent provisiona for the fine incurred by those unable to jirocure the requinite number of com- purgators, showing that it was an occurrence constantly kept in mind by legialatora. Kor waa it onl3' landlesa and fricndleaa men who were ex|>oaed to auch failures. In 794, a certain IMahop Peter waa condemned by tlie 8yno<l of Frankfort to clear himself, with two or three conjuratora, of the anspicion of being involved in a conspiracy againat a«Mbiebto d. Rom. %Hhi, D. W.— I owe thb rtfer«iM« to lb* kindoett or mj fHoa4 J. O. Rooengarion, Rih|. 5 50 THB WAQBB OF LAW. CharlemagnOf and, small as was the numlMsr, ho was unablo to procure them.* So, in the year 1100, when the canons of Autun, at the Council of Poitiers, accuseil their bishop, Norgaud, of simony and other irregular practices, and ho proposed to absolve himself with the compurgatorial oaths of the Archbishop of Tours and the Bishop pf llddon, the canons went privately to those prelates and threatened that in such event they would bring an accusation of per- jury and prove it by the ordeal of fire, whereupon the would-be conjurators wisely abandoned their intention, and Norgaud was suspended.' The most rigid compliance witli the requisitions of the law was exacted. Thus the laws of Nieuport, in 1163, provide a heavy penalty, and, in addi- tion, pronounce condemnation when a single one of the conjurators declines the oath.* No regulations, however, could be more than a slight palliation of a system so vicious in its fundamental prin- ciples, and efforts were made for its abrogation or limitation at a comparatively early period. In 983, a constitution of Otho II. abolished it in cases of contested estates, and substituted the wager of battle, on account of the cnonnous perjury which it occasioned.^ In Knghuul, a more sweeping denunciation, declaring its abolition and replacing it witli the vulgar ordeal, is found in the conAiscd and contradic- tory compilation known as the laws of Henry I.* > Ospii. Cur. Mug. abb. 704 \ 7. * Hugo. VIavIoIm. Lib. ii. ann. 1100. Norgaad, however, was relnsiaiod next jear by qnletlj procoriog, ub we bare already eeen, two brother prelatee to take the oath with him, in the alMODoe of hit antagonieta. ' Bt il quit de qainque jOYantibui defeoerit, aoousatua debet trei librai, et peroBieo deeem lolidoa. — Leg. Beonnd. Noviportua (Oudegherat). * L. Longobard. Lib. ii. Tit. It. ^ 34.— Qua ex re moa deteitabllia in Italia, improbttiqiie non imitandui ioolevit, ut fub legum fpeoie Jnrejarando aoqaireret, qui Denm non timendo minime formidaret perjnrare. * L. Henrioi I. eap. Ixiv. 4 1. *' Malornm autein infeatacionibua et peiju- ranoinm eonapiraoione, depositnm eat frangena jarannentam, ut magia Dei jadieium ab aeevaatia oligatur; et undo aoouaatua oum una deelmaae pur* OONTINUKD POPULAR OONVIDBNCE. 61 Wc have already seen, from instances of later date, how little influence tliese efforts had in eradicating a custom so deeply rooted in the ancestral prejudices of all the Euro- \ycnn races. The hold which it continued to enjoy on the lK>pular confidence is well illustrated in a little ballad by Andefroi-le-B&tard, a renowned trouvire of the twelfth century. LA BBLLB BREMDORS.* " QnAnd Tleat on mat, q«o Von 4U m lonii Jom,** oI«l III the long bright dftjs of flprlng-tlme, In the month of bloomtog Mfty, The Franks from royal oonncil-field All homeward wend their way. RInaldo leads them onward Past Brembors' gray tower, Bat turns away, nor deigns to look Up to the maiden's bower. Ah, dear RInaldo I Fall in her tarret window Fair Brembors is sitting. The loTelom tales of knights and dames In many a color knitting. She sees the Franks pass onward, RInaldo at their head. And fain would clear the slanderous tale That eril tongues have spread. Ah, dear RInaldo! " Sir knight, I well remember When yon had gricTed to see The eastle of old Brembors Without a smile from me." gar«i per •leeelonem ot iort«m, il ad Jndloinm ferrl oalldl Tadat." Thb oaa- aot be eofiiidered, howerer, af haTing abrogated it eren temporarily In Bng- laad, flnee it la contradicted by many other laws in the tame code, which preeerlbe the oie of oompurgatort. ' Le Rous de LInoy, Cbanta Illntoriqnes Fran^nif, I. 15. 52 TUB WAQKR OF TiA\Y. "Your YowB ftre broken, prinoeaa, Your faith is light m air, Your love another'^, and of mino Yon havo nor reok nor care." Ah, dear Rinaldo I *< Sir knight, mj faith unbroken, On relicB I will swear ; A hundred maids and thirty dames With me the oath shall share. I 've nerer loved another. From stain mj tows ara free. If this content jour donbts and fears, Yon shall have kisses tliroe." Ah, dear Rinaldo I Rinaldo mounts the stairoase, A goodly knight, I ween. With shonldera broad, and slender waist, Fair hair and bine eyes keen. Earth holds no youth more gifted In errnj knightly measure ; When Brembors beholds him. She weeps with very pleasure. Ah, dear Rinaldo t Rinaldo in the turret Upon a couch reposes, Where deftly limned are mimic wreaths Of violets and of roses. Fair Brembors beside him Sits clasped in loving hold. And in Uieir eyes and lips they find The love they vowed of old I Ah, dear Rinaldo t In England, owing probably to the influence of tho Jnry- trial, the custom seems to have lost its imiX)i*tance earlier than elsewhere. Towards tlic close of the twelfth century, Ghuivillo compiled his excellent little treatise '' De legibus Anglice,'' the first satisfactory body of legal procedure which the history of medioeval Jurisprudence affords. Com- ENQLAND. 63 plcto as this is in all the forms of prosccntion and defence, the allusions to conjurators arc so slight as to show that already they constituted an infinitesimal part of legal machinery, and that they were employed rather on collat- eral |>oints than on main questions. Thus a defendant who desired to deny the serving of a writ coidd swear to its non- reception with twelve conjurators ;^ and a party to a suit, who had made an unfortunate statement or admission in court, could deny it by bringing forward two to swear with him against the united recollections and records of the whole court.* The custom, however, still continued in use. In 1194, when Richard I. imdertook, after his liberation, to bring about a reconciliation between his chancellor, William Bishop of Ely, and the Archbishop of York, one of the con- ditions w«8 that the chancellor should swear with a hundred priestly compurgators that he had neither caused nor de- sired the arrest of the archbishop.' In the next century, Bracton alludes to the employment of conjurators in cases of disputed feudal service between a lord and his vassal, wherein the utmost exactness was rigidly required both as ' OlABTUle, Lib. 1. eftp. Is. Alto, Lib. i. o. ztI., Lib. iz. e. I., Lib. z. e. T. * ** In aliia eDlm earili si qnis aliquid dii«rit ande earn p<riiiiaorit, poUHt id ••gar* eontim toUm eariam Urtia ibado ettm saoniiBdiitA, id sa bod dixiraa •flrmaado." — (Ibid. Lib. Tin. a. iz.)^In foma oibor fyitami of Jariiprv- daaaa, ibif anfopbislieatad mwlo of aroiding Jotiieo wii obtained by iniiii- ing on tha omploynioBt of lawyen, whofa aiMrilonf woald Bot bo bindiag on ibair eliaBta. That iB ibe Anitot de Jorutalom (Daiiaa Covrt, eap. 183): " Bi poreo it doit ottro laTaotparliar, ear ta larantparlier dit parole quil na doiidira poreeloj ei oni il parole, eelni por qui i1 parla et ion oonoean j paeentbien aroender aiai qoa le iogenent toit dit. Mais la eelaj de eoi cfi li plait diteit parole qvi li dentt torner a damage, U no la poett torner ariaret p«it qnil la dile." The tame eaailon it recommended in the GermeB proeed«re of the fonrtaenih oeatory — *' Torbit proeoratorit non erit adttrio- tat. at tie vilabit damn on.'* — (Riohttioh Landreoht, eap. ii.) The tame abnte exitted in Franee, bot wat rettrieted by 8t Ijouit, who made the at- periioB of the adrooate binding on the principal, anlett contradicted ob the ppot. — (KtablifnemeBtt, Lir. it. chap, sir.) * nagerde noTe<len, ann. 1104. 5* S4 THB WAGKE OF I.AW. to tht nmnticr and fitness of the con J am tors,' axnl we slutll see that uo formai aLrvgaktion of it took pL^e until the nine- teeuth oentnrj. Soon after the time of Gl^nTilIe, hower^ the tjstem ie> oeiyed a severe shuck from its m«jst impurtant patron, the church. As stated aboTC, in pruceeilings bet veeu ecclesias- tics, it was eTcrywhere received as the ai>propnate moi3e of deciding doubtful eases. Innocent IIL himself^ who did so much to abrogate the kindred absordit j of the ordeal, con- tinued to prescribe its use in cases of the highest moment involving dignitaries of loft j station ; though, sensible of the abuses to which it led, he was careful in demanding oonjura- tors of good character, whose intimacj with the accused would give weight to their oaths.* At the same time, in endeavoring to remove one of the objections to Us use, he in reality destroyed one of its princijud titles to rcs|iect. Ho dcci*eed that compurgators should only be obliged to swear to their belief in the truth of their principal's oath,' and thus ho attacked the very foundation of the practice, and gave a i)owerful impulse to the tendency of the times no longcu to consider the compurgator as shoruig the guilt or innocence of the accused. Such an innovation could only 1)0 regarded as withdrawing the guarantee which hod imme- mortally existed. To recognize it as a legal precept was to deprive the proceeding of its solemnity and to render it no longer a security worthy tho confidence of the ixM)X)le or . sufliciont to occupy tho attention of a coiurt of justice. * Tano Tftdabli defondonf legem m daodMlma naas. — Bneton. Lib. III. Traoi. IH. cap. 87 f 1.— Bt li ad dieni legla fkcioodtn defaerii aliqnia de XII. Tel si oonira pncdiotos ezoipl potiU quod non lant idooel ad legem faclendam, eo quod villaol sant vel alias idoDei mlnos, luno dominiis inoldei In mi«erieordiam. — Ibid. \ S. Bo alio in Lib. y. Tract, t. cap. ziil. f S. • Can. Til. Extra, y. M. ' 111! qal ad purgandam alloujas Infamiam Indacnniur, ad solnm ieneniar Juramento flrmare quod Tcritaiem orodunt cum dicere qui purgaiur. — Can. ziil. Bxira,-v. 84. Innocent also endeayored lo put an end to tbe abuse ' bj wbloh eeoleslasilos, notoriously guilty, were able to escape tbe penalty dne their crimes, by this easy mode of purgation.— Oon. zt. eod. loe. IKVLUBNOB OF BOMAN LAW. 65 In the confusion arising fVom tlic long and varying con- test as to tlie boundaries of civil and ecclesiastical Juris- diction, it is not easy to determine the exact authority which this decretal may have exercised directly in secular Jnrispnulence. We have seen above that the ancient form of absolnte oath was still emplo^xd without change, until long after this periml, but the moral effect of so decided a declaration from the head of the Christian church could not but lie groat. Another influence, not loss i)otential, was also at work. The revival of the study of the Roman Juris- prudence, dating from about the middle of the twelllh cen- tury, soon began to exhibit the results which were to work so profound a change in the legal maxims and principles of hnlf of Europe.* The criminal procedure of the barba- rians Imd rested to a great degree on the system of negative proofs. ] n tlie absence of iK>sitivo evidence of guilt, and sometimes in despite of it, the accused was bound to clear himself by compurgation or by the ordeal. The cooler and less impassioned Justice of the Roman law saw clearly the ■ The npidikj with whioh the lindy of Ihe eIrU law diffaied iteolf through. Mi the fehoolt and the eng orneM with whieh it wm weleomed ere weU illai* ir»ted hj the eomplminta of Oir»1dvi Camhrenili before the end of the twelfth eenUirj. The higheitof high eharehmoiii in deploring the deollne of ienm- ing among the prelatee and elergy of hia age, he attributes it to the exelnaiTO attention beitowed on the Jariiprndenoe of Jnttintan, whioh already offered ihe enreei prltet to eapidity and ambition, and he qootea in rappori of hia opinion the dletnm of hif teacher Mainler, a profeieor in the Unirenity of Pariii : ** Rpiaeopoff aniem llle, de quo nnno nttlmo loontt samnt, Inter raper- fleialei nnmerari potnit, enjmmodl hodie maltoe noTlmnt propter legei Jns- ilnianaa, qnm literatoram, nrgente enplditatit ei ambitlonit Inoommodo, adeo in mnltia jam anffoearvnt, quod magiaimm Malnerinm in anditorlo aeholB ntm Pariaina dieentem et damna aoi temporis plangentem, nndiri, TailrlnlnM tllnd Sibilho Tore noctris diebns ette eompleinm, hoe aeilieet •Venieni diee, et rm lllit, qnibna leges obllterabnnt seientlam literaram.' " (Gemm. Beelesiaai. INst. ii. cap. ziztII.) This, like all other branches of learning, was as yet aimosi ezelnsiToly In the hands of the clergy, though already were arising the preeursors of those subtle and daring olrll lawyers who were deatlned to do aueh yeoman's serTiee in abating the pretensions of ihe ehnreh. 66 TnB WAGKU OF LAW. fntility of sach attcinpts, and its system was based on the Indisputable maxim that it is morally impossible to prove a negative — unless indeed that negative should chance to be incompatible with some affirmative susceptible of evi- dence—and thus the onus of proof was thrown ui)on the accnser** The enthusiastic worshippers of the Pandects were not long in recognizing the truth of this principle, and in proclaiming it far and wide. The Spanish code of Alphonso the Wise, in the middle of the thirteenth century, asserts it in almost the same words as the Roman jurisconsult.' Not long before, the Assises de Jerusalem had unequivo- cally declared that "nul ne peut faire preuve de non;" and Beaumanoir, in the '^Goutumes du Beauvoisis," approv- ingly quotes the assertion of the civil doctors to the same effect, ^^Li clerc si dient et il dient voir, que negative no doit pas quevir en proeve." Abstract principles, however, though freely admitted, were not yet powerful enough to eradicate traditional cus- toms rooted deeply in the feelings and prejudices of the age. Tlie three boiUes of law Just cited contradict their own admissions, in retaining almost unchecked the most monstrous of negative proofs — the ordeal of battle — and the introduction of torture soon after exposed the accused to the chances of the negative system in its most atrocious form. Still these codes show a marked progress as relates to the kindred ])rocedure of compurgation. The Partidas, promulgated about 12G2, is of comparative unimiK)rtance as an historical document, since it was of but uncertain authority, and rather records the convictions of an enlight- * Aotor qaod ftdtoYorfti, probare m bob poiM profltcndo, ream neooMiUU mottfirAiidi oonirBrlam non AdfiringU : oum per rorum naiaram faotum no- gaaiis probaUo noUa tit. (Con>t. ixU. C. de Probai. iv. 19.) — Cum inter euui qui faotum adfeverftna, onus subit probatioDlii et negantem numerationeui, eajof natarali ratione probatio noUa est • . . magna lit differentia. (Const. X. 0. de non nnmerat. it. 80.) ' La oota que non •• non le pnede probar nin mostrar tognnt nalnrn. — Lat Siete Pariidim, P. in. Tit. xW. I. 1. TnX TniBTXBNTH OXNTUBT. 5f cnofi niter as to what should be law than tho existing insti- tittions of a people. The absence of compurgation in Spain, moreover, was a direct legacy from the Wisigothic code, transmitted in regular descent through the Fucro Juzgo. Tho Assises de Jerusalem is a more precious relic of me- diicval Jurisprudence. Constructed as a code for the gov- eniment of the Latin kingdoms of tho East, in 1099, by order of Godfrey of Bouillon, it has reached us only in the form assumed about the period under consideration, and as it presents the combined experience of the warriors of many Western races, its silence on the subject of conjurators is not a little significant. The work of Beaumanoir, written in 1283, is not only the most perfect embodiment of the jurisprudence of liis time, but is peculiarly interesting as a landnmrk in the struggle Itotwcen tho waning iK>wer of feudalism and tho llouian theories which gave vigor and intensity of pur|K>se to the enlightened centralization aimed at by St. Louis; and Beaumanoir likewise passes in silence over tho practice of compurgation, as though it were no longer an existing institution. All these legislators and lawyers had been preceded by the Emperor Frederick IL, who, in 1231, promulgated his ^^ Constitutiones Sictdarum" for the government of his Neapolitan provinces. Frederick was Latin, and not Teutonic, both by education and predi- lection, and his system of jurisprudence is greatly in ad- vance of all that had preceded it. That conjurators should find no place in his scheme of legal procedure is, therefore, only what might bo ex|)ected. The collection of laws known as the '*£tablissements" of St. Louis is by no means a complete co<le, but it is sufficiently copious to render tho absence of all allusion to compurgation significant. In fact, tho numerous references to the Digest show how strong was the desire to substitute the Roman for the customary law, and the efforts of the king to do away with all negative ]>roofs of course included the one under consideration. Tho same may 1)e said of the ^^ Livres de Josttce et de Plef 58 TnB WAQEB OF LAW. and the ^^Conscil" of Pierre de Fontaines, two unofllcial books of practicef which represent with tolerable fuhiess the procedures in vogue during the latter half of the thir- teenth century ; while the ^^ Olim,'' or records of tlie Parle- inent of Paris, the king's high court of Justice, show that the same principles were kept in view in the long struggle by which that body succeeded in extending the royal Juris- diction at the expense of the indoiiendence of the vainly resisting feudatories/ All these were the works of men deeply imbued with the spirit of the resuscitated Jurisconsults of Rome. Their labors bear testimony rather to the influences at work to overthrow the institutions bequeathed by the barbarians to the Middle Ages, than to a general acceptance of the innova- tions attempted. Their authority was still circumscribed by the innumerable Jurisdictions which yet dcfled tlicir gradual encroachments, and wliich resolutely maintained ancestral customs. Even an occasional instance may be found where the central power itself ix3rmitted the use of compurgation, showing how difllcult it was to eradicate tlio prejudices transmitted tlirougli ages from fatlicr to sou, * In the ** Otlm,*' or rMordi of tho Parl«inent of PurU from 1254 to 1318, I esn And bnt two instanoot in whioh coupurgailon woa required — one in 1 279 si Noyon, and one in 1284 at Compidgne. Af innumerAbte deoifioni are given^of eaeei in whioli iU einptoymeni would liave been equally appropriatoi iheie two ean onlj be regarded aa eioeptional, and the inferenoe is fair that fome looal ouatou rendered it itnpowiblo to refuse the privilege on theie tpeelal oooasiona. (Ollm, II. 153, 237.) A noteworthy inttanee of iti employment ooourred in 1234 at the Diet of Frankfort, in the pretence of Henry VII., ton of that FrederiolL II. whom we have teen ditoountenanoe itt ute in hit Neapolitan lawt. When ihe fear- ful perteeutiont initigated by the grand inqnititor, Conrad of Marburg, drew to a elote, the latt of hit intended viotimt, the Counts of Seyne and Solmt, eleared themtelvet before the king of the charge of herety with oompurga- torial oatht in which eaoh wat tupported by eight bithopi, twelve Cittercian abboli, twelve Franciscan and three Dominican friart, and a large number of Benedictine abbots, elerkt, and noble laymen. (Hartshelm OoncU. Ger- man. III. 649.) TnS FOVRTESNTH OENTUBT. 59 and that the policy adopted by St. Louis and Philippc-lc- Bcl, aided l>y the shrewd and energetic civil lawyers who assisted thciu so ably, was not in all eases adhered to. Thus, in 1808, a powerful noble of the court of Philippe-lo- Bel was accused of a foul and treacherous murder, which a brother of the victim offered to prove b}*^ the wager of battle Philipiio was endeavoring to abolisli the Judicial duel, and the accused desired strongly to escape the ordeal. He was accordin^y condemned to clear himself of the imputed crime, by a purgatorial oath with ninety-nine nobles, and at the same time to satisfy the fraternal claim of vengeai^ with an enormous fine* — a decision which offers the best practical commentary on the degree of faith reposed in this system of purgation. Even the Parlcment of Paris in 1853 and a rescript of Charlcs-le-Sage in 1857 allude to compur- gation as still in use and of binding force.* It was in the provinces, however, that the system mani- fested its greatest vitality, protected both by the stubborn dislike to innovation, and by the spirit of indeixsndenco which so long and so bitterly rcsistecl the centralizing efforts of the crown. The Roman law concentrated all ]>ower in the ])erson of the sovereign, and reduced his subjects to one common level of implicit obedience. The genius of the barbaric institutions and of feudalism local- ized power. The principles were essentially oppugnant, and the contest between them was prolonged and confhsed, for neither party could in all cases recognize the ultimate result of the minuter points involved, tliough each was fully alive to the broad issue of the struggle. IIow obstinate was the attachment to bygone forms may be understood, when we see even the comparatively * SUtvuni ... to nana eentesima nobiliam se pnrgare, ot nd h«o bcno- ilieto JflToni bli •eptoin Hbrornm milia pro sal rAneorb wiisfacUoDO pr»- MBlara. — Wilelmi Egmond. Cbron. * Ii f|al reus paUtor torila mann so pargabli, inlor qnos slot dao qui dlecnUir dooominAti. — IHi Cnngc •. v. JHramentnm, 00 T118 WAUKli OV LAW. precocious ctvilizntioii of a city like Lillo preserve ilio eompiirgntorial oath as a regular procedure until tlie uiiil- dlo of the fourtecntli century, even thougli llie progress of enliglitcnment Imd long rendered it a mere formality, witli- out serious meaning. Until the year 1351, the defendant in a civil suit was obliged to substantiate tlie oatli of denial with two conjurators of the same sex, who swora to its truth, with some slight expression, indeed, of reserve.' The minutest regulations were enforced as to this'Arcmon}', the iK)sitiou of every finger being determined by law, and tlipugh it was the veriest formality, serving merely as an introduction to the taking of testimony and the legal exa- mination of the case,* 3'et tlie slightest error committed by either party lost him tlie case irrecoverably.' Normandy was even more faithful to the letter of the ancient traditions. The Coutumier in use until the revi- sion of 1583 under Henry III. retains a rcmimnt of the practice under the name ofdeareiie^ by which, in questions of little moment, a man could rebut an accusation with two or four compurgators, even when it was sustained by wit- nesses. The foim of procedure was identical with that of * Bt U dofftnUans, loar qui on a olamei m doit deffendro par lul ttoroho main, 10 obou eti bom II. bommei ot lai, m obon eit fomo II. Ibmmas at H Ik ilerobo. . . . ** Tel tiermont quo Jebani cbi jura boin •ierment yjura aa mion ontlent. 81 in*ait Dim ei oblii Baini.'-— Roisin, Franobiooc oto. do la Villo do LiUo, pp. SO, 85. * Ibid. p. 61. Tbo syttem wo« abrogatod bj a mnnieipal ordinanoo of Soptombori 1361, in accords nco witb a speoial ordonnanco to that effooi issued bj King Jobn of Franoo in Marcb, 1360. * Tbo royal ordonnanoo deolores tbai tbo oaib was *'on langago ostraigno oi do mos dlvors ot non do logior a reionir ou prononcbior,'* and yet ibai if tiibor party *' par quoloonquos maniero fuloit on fourmo ou on langago ou quo par fragiliio do langbo, buirans ou, so parollo faulsist ou oubvlbisi, ou osiovast so main plus quo li dito manioro aooustumoe on roqueroii ou quelle no tonisl formement sen poeb on so paulmo ou no wardast oi mainlonist pluisours auiros frivolos oi vaines cboses ei manioros apparionans au dli siermoni, solone lo loy do la dito vUle, iaat em parole oommo en faii, il aToii dtt toui sa oauso perdue, no depnis nesioii recbns snr obe li demanderes a ololm ou ooroplainte, no li deffenderos a deflrensoo.*''Ibld. p. SOO. b£aBN — SPAIN. 61 old, and the oath, as we have already seen (page 44), was an nnqnalifled assertion of the tmth of that of the accused.* Practically, however, we may assume that the custom had long grown obsolete, for the letters patent of Henry III., ordering the revision in 1577, expressly state that the pro- visions of the existing laws ^'cstoicnt la plnspart hors d'usnge et pcu ou i)oint entcndu des habitants du pays;" and that compnrgatlon was one of the forgotten formulas may fairly be inferred from the fact that Pasqnier, writing previous to 1584, s]^)caks of it as altogether a matter of the past.* The fierce mountaineers of Bdam were comparatively inaccessible to the innovating spirit of the age, and pro- served their feudal independence amid the progress and re- form of the sixteenth century, long after it had become obso- lete elsewhere throughout Southern Europe. Accordingly, we find the practice of compurgation maintained as a regular form of procedure in the latest revision of their code, made by Henry II. of Navarre in 1561, which continued in force until the eighteenth century.' The influence of the age is shown, however, even there, in a modification of the oath, which Is no longer an unreserved confirmation of the prin- cipal, but a mere affirmation of belief.* In Castile, a revival of the custom is to be found in the code compiled by Pedro the Cruel, in 1356, by which, in certain cases, the defendant was allowed to prove his inno- cence with the oath of eleven hidalgos.* This, however, is ' Ane. OofiloBe de MonDMidK ehap. Ixxzt. (Bonrdol d« Riehtboarg, IV . * R««h<»r6het do la Franee, LIt. it. ebap. ill. Coneornlng the date of tbi*, tee Jm Croli do Maine, t. t. Eitienns Pa$qu9er, * Fort ei Coffi. do D^trn, Rabr. de Jaraments (Boardot do Riobebonrg, IV. lOSl). * Lo Jarament dev segnldo so 96, Jobav pbr aquota laDeta bertat dllt ezi quo io erey. * B af gelo negaro o non gelo quiiter prober, derel' fiieer salro oon once FIJoadalgo o hi doceno, qao non lo llfo. — (Fuoro Virjo do CastUla, Lib. I. 6 K'i JHE wxazK or law, 0^ m^ii itk ^/pf^/*ilioo to the eflbrU made a eeniaij eariier, r^ A»U/u^* Ute WlMe in the PartkUs, to enforce tlie pris- ^A^.^!n fA X\*^, Ki>firian jnrinprudeDce, ADd U so cootiaij to iA^ i^r»t of the i}rf\eA\%nkueDXo de Alcala, whk-h eontinocd m iSr/f/;!^ nrntil the fifteenth centorj, that it can onlj be le-, $^$\h\ M0 a tentattire innoration, of mere temporarj Tali> 4.t/< TM }(fnX\tem tmceB restated more obdmatdj the advaiieea #vf th^ fmitmntttitd inlloenee of Rome. Though we have seen kf^/UftU.k I L ofriitf ing all notice of compurgation in the code $a*^%f%t^A it0f his Neapolitan dominiona in 1231, he did not %i.tMfi%\A^ Up al#rogate It among hia German aubjecta, for it ia ai I f «/M to in a charter granted to the city of R^;cnsbnrg in ll'//h* Tlie ^Hficculam Hucvicum/' which during tlie thir- UAttih aiid fr/firteenth centuries was the municijMd law of ^/Tith^n Oe.nntiuyf directs the employment of conjnrators hk rufU^M classes of actions which do not admit of direct UfHtmmty,* iiow thoroughly it remained a portion of ihe f^*^f$^f&/M4l system of legal procedures is ovidcut from a #'^/fistttfiU#/n issfiC4l by Charles V. in 1548, wlicreiu its use Is MtjoUu'A in doubtful cases in a muuucr to show that it was an existing resource of the law, and that it retained its hold upon public confidouce, although the conjurators wsfs irtt\y re<|ulred to swear as to their belief in the oath of tlM;ir prlm:ipal." In H^^Hland, even as late as the middle of the fourteenth fj^ntfiry, Its ami is proved by a statute which provides that Tit. f, h 19.) li will b« obMrY«d thai this if an unqoaUfifd rcoogniUon of ilf« nyiiUm ttf n^gBtift pruofi. ' f>u ihng»t t. ¥. Juramtutum. * Juf. Vruvin. AiMami. onp. xxlv. ; eeeit, f 4,* ooezzlz. H ^i ^i oeozzziz. M' ' SWfU* •MtiiAim UinU M iADi gravl iiufpUlone lAboraret at aliornm quoqu* pursAiWiie OMfMHi«M«t, in ttrbltratu •Utjudioli, tlbi emn velitinJuiiKere, neo nti i|til nlnlram oompttrgatorfiJnrAbunt, Moredcro quod illo illlvo qui m p«r Jsrsntiitsm tsouisrunt, rtot« v«rtqoo jarATerint. — Conitit. de Pam PublUA tAp. IT. i 1. (GoldAAl. OonsUt. Imp. I. 641.) DENMARK — 8WKDKN — POLAND. 68 if a thief escaped from confinement, the lord of the prison should clear himself of complicity witli the evasion hy the oaths of thirty conjurators, of Trhom three were required to be nobles.* I The Scandinavian nations adhered to the cnstom with even {greater tenacity. In the code of Ilaco Ilaconseni issued towards the close of the thirteenth century, it ap- pears as the basis of defensive procedure in almost all criminal cases, and oven in civil suits its employment is not unfrcqncntly directed, the number of conjurators being proportionc<1 to the nature of the crime or to the amount at stake, and regulations for administering the oath being given with much minuteness.* In Denmark) an allusion to it is found in 153t in the laws of Christiern III.,' and its vitality among the people is shown by the fact that even in 1683, Christiern Y., in promulgating a now code, found it necessary to formally prohibit accused i^crsons from being forced to provide conjurators.^ In Sweden, its existence was similarly prolonged. Directions for its use are con- tained in the code which was in force until the seventeenth century,* and it is even alluded to in an ordinance of Queen Christina, issued in 1G53.* It is not a little singular that the latest active existence of a custom which appears so purely Teutonic should be found among a portion of the Sclavonic race. In Poland, it is described as being in Aill force as late as the eighteenth century, the defendant being obliged to support his purga- torial oath with conjurators, who swore as to its truth.' ' Sifttat. DftTldi II. eap. I. i 6. * JarntMA, Mimnlielf* 4 Thlofii-Balkr |MMim ,* BrabRtal osp. xx\t. ; LandRbrigiha^Bftlkr eap. xzrill. ; Rftn|m-Bftlkr cap. ▼., Ix., ele. * Qh«M hj Thorpe, Aneieni Law9, ke., of BngliiBd, I. 38. * NMBini in eanw alU injaDgendam osi oi dnodeelm Tlrorom Jaranento M pargATO d«bMi.— Chrittiani V. Jar. Danio. Lib. I. e. xr. 4 8. * PoUHtqae m tane pargareeal erlrnon Imponliar jnraneaio XYIII. viro* r«ni. — Ragvald. Infernmnd. Leg. Saceornm Lib. i. e. ztI. * KBnIgffwarUr, op. eli. p. 168. * L«d«wlg. lUllq. M88. T. VII. p 401. 64 THE WAOKR OF LAW. The constitutional reverence of tlie Englishman for estab- lished forms and customs, however, preserved this relic of barbarism in the common law to a ix^riod later by far than its disappearance from the codes of nations regarded by Oreat Britain as her inferiors in progress and enlighten- ment. We have already seen iVom Glanville and Bracton that even in the twelfth and thirteenth centuries the ^^ wager of law," as compurgation was called, was practically of little importance, yet no effort was made to remove it by statute, and it long remained as a solecism in the English courts. The Fleta, which is about twenty-five years later than Bracton's work, gives directions as to its use, by which we learn that in actions of debt the defendant was only required to produce conjurators double in number to the witnesses of the plaintiff,* thus offering an immense premium on dishonesty and perjury. In spite of this, it remained an integral part of the law. Tlie ^^Termos de la Ley," compiled in the early part of the sixteenth century, states as the existing practice that ^'when one shall wage his law, he shall bring with him G, 8, or 12 of his neighbors, as the court shall assign him, to swear with him." Style's ^^ Practical Register," published in 1657, also describes the process, but an absurd mistake as to the meaning of the traditional expression "Jnrare manu" shows that the matter was rather a legal curiosity than a procedure in ordinary use; and, indeed, the author expressly states that the prac- tice having been ^'abused by the iniquity of the people, the law was forced to find out another way to do Justice to the nation." Still the law remained unaltered, and a case occurred in It 99 in which a defendant successAilly eluded the payment of a claim by producing compurgators who *^each held up his right hand, and then laid their hands upon the book and swore that they believed what the de- ' Ut li duos Tel trM UttM prodnzerit ad probandnm, oportot quod de- fenslo fl»l per qnaiaor Tel per aez ; lla quod pro qnollbet Uaia duoi produoal Juratorca uqne ad duodeeiin. — Lib. ii. e. Izlll. s. 10. THB B00LE8IA8TI0AL 0OURT8. 65 fendnnt Bwore Tiras trae." The court endeavored to preyent this farce, but law was law, and reason was forced to sub- mit. Even this did not provoke a change. In 1824, in the case of King v. Williams (2 Barnewall ft Crcsswell, 528), some black-letter lawyer revived the forgotten iniqpity for the liencfit of a client who could get no testimony, and demanded that the court should prescribe the number of conjurators necessary for the defence, but the court refused assistance, desiring to give the plaintiff the beneflt of any mistake that might be made. Williams then got together eleven conjurators, and appeared in court with them at his back, when the plaintiff, recognizing the futility of any further proceedings, abandoned his case in disgust.* Still the fine reverential spirit postponed the inevitable innova- tion, and it was not until 1833 that the wager of law was formally abrogated by 3 and 4 William lY., c. 42, s. 13.* While the common sense of mankind was gradually elimi- nating the practice from among the recognized procedures of secular tribunals, the immutable nature of ecclesiastical observances prolonged its vitality in the bosom of the church. We have seen above that Innocent III., about the commencement of the thirteenth century, altered the form of oath from an unqualified confirmation to a mere asser- tion of l)clief in the innocence of the accused. That this at once became the standard formula in ecclesiastical cases is probable when we find it adopted for the oaths of the compurgators who, during the Albigensian persecution, were required by the nascent Inquisition in all cases to assist in the purgation of such suspected heretics as were allowed to escape so easily.' The practice thus commenced ' I ow* iliMe Tarioni rtferaneM to ft earlons |»per in the London " Jmitt*' for Mmreh, 18S7, tho wrltor of wbleh initiineoi the wag«r of Uw as an otI- doseo of "thiU Jealoos ftfloetloD and ilUal reTorenee whleh haTo eonreiiod o«r eodo Into a upoeiot of mnteam of antlqnci and legal earioiltlot." * Wharton*t Iaw Lozieon, Sd ed., p. 768. * Sgo talif jaro ... me flrmlier credere qnod tails non fult Ineabbatoi, 66 THK WAQER OF LAW. at the foundation of tlio Inquisition was persevered in by that terrible tribunal to the last. The accused against whom nothing could be proved was called upon to produce compurgators before he could be acquitted, and a failure to procure the number designated by the judge was equiva- lent to a condemnation.* This fearAil system of the pre- sumption of guilt, requiring the negative proof from the unfortunate wretch whom suspicion had deprived of his fHends, was continued in force until the final abolition of the Inquisition.* In the regular ecclesiastical courts, Lancelotti, at the end of the sixteenth century, speaks of compurgation as the only mode of defence then in use in doubtAil cases, where the evidence was unsatisfactory.' And amid certain orders of monks within the last century, questions arising between themselves were settled by this mode of trial.* Even in England, after the Anglican Church had received its final shape under Cranmer, during the reign of Edward YL, the custom appears in a carefully compiled body of ecclesiastical law, of which the formal adoption was only prevented accidentally by the untimely death of the young king. By this, a man accused of a charge resting on pre- sumptions and incompletely proved, was required to clear himself with four compurgators of his own rank, who swore, as provided in the decretals of Innocent III., to their belief in his innocence.* Vft1d«DfU, Tel pMiperum de Lngdnno . . . et oredo finiiU«r eum in boo JurMso Terani. — Dooirina do modo prooodendi contra Ilnroiicoi. (Mart, ei Darand. T.V. p. 1801.) ' 8i Toro Biifoiporol purgatlonem, oi in oa dofioerot, uU bBrolioni ottei oontondttf, oi pcBn» boroiiei subjaooroi.— (Villadlogo, Fuero Jusgo, 318i>.) Villadiofo wroto in 1600, and oTon ibo terror of tbo Holy Offieo could not proTonl biro from slifmatiting ibo systom — ''boo purgatio fragilii osi, pari- caloia ot o»ca atqao fallaz." * Da Oango, i. t. Purgaiio, * Inotltat Jar. Canon. Lib. ir. Tit. ii. i 2. * Da Oange, loo. cit * Bnmot, Reformation, Vol. I. p. 100 (Rd. 1C81). A00U8ATORIAL 00NJURAT0B8. 6T ** Though not strictly a portion of our subject, the question is not without interest oa to the power or obligation of the plahitifT or accuser to fortify his case with co^Jurators. There is little evidence of such a custom in primitive times, but one or two allusions to it in the '* Leges Barbarorum" show that it was occasionally practised. Some of the earlier texts of the Salique law contain a section providnig that in certain cases the complainant shall sustain his action with a number of co^jurators varying with the amount at stake ; a larger number is required of the de- fendant in reply; and it is presumable that the Judges weighed the probabilities on either side, and rendered a de- cision accordingly.* As this is omitted in the later revi- sions of the law, it probably was not widely practised, or rcgantcd as of much importance. Among the Baioarians, a claimant of an estate produced six conjurators who took the oath with him, and whose united efforts could be re- butted by the defendant with a single competent witness.* These directions are so precise that there can be no doubt that the custom prevailed to a limited extent among certain tribes, as a natural expression of the individuality of each house or family as distinguished from the rest of the sept. That it was, perhaps, more generally employed than the scanty references to it in the co<1cs would indi- cate may be inferred from one of the false decretals which Charlemagne was induced to adopt and promulgate. According to' this, no accusation against a bishop could be successful unless supported by seventy-two witnesses, all of whom were to be men of good repute ; forty-four were required to substantiate a charge against a priest, thirty- aeven in the case of a deacon, and seven when a member of the inferior grades was implicated.' Though styled wit- * Tit. Lxxir. of IIero1d*t Uxt Cftp. ExtraTagaiii. No. xtiii. of Par- * h. BaiMir. Ttt xri. eap. I. f S. " Caiiii. Car. Mag YI. ann. 806 o. zxHI. 68 THE WAOKR OF LAW. nesses in the text, the number required is so large that they could evidently have been only conjurators, with whom the complainant supported his oath of accusation, and the manufacture of such a law would seem to show that the practice of employing such means of substantiating a charge was familiar to the minds of men. In England, the Anglo-Saxon laws required, except in trivial cases, a ^^ fore-oath" Arom the accuser (forathj ante- juramenhim^pratjuramerUum)^ and William the Conqueror, in his compilation of the laws of Edward the Confessor, shows that this was sometimes strengthened by requiring the addition of conjurators, who were in no sense witnesses, since their oath had reference, not to the facts of the case, but solely to the purity of intention on the part of the accuser.* Indications of the same procedure are to be found in the collection known as the Laws of Henry I.' In an age of comparative simplicity, it is natural that men should turn rather to the guarantees of individual character, or to the forms of venerable superstition, than to the subtleties of legal procedure. Even as the defendant was expected to produce vouchers of his truthfulness, so might the plaintifriie equally required to give evidence that his repute among his neighbors was such as to Justify the belief that he would not bring a false charge or advance an unfounded claim. The two customs appear to arise from the same process of reasoning and to be identical in spirit, yet it is somewhat singular that, as the compurgatorial oath declined, the practice of sustaining the plaintiff's case with conjurators seems to have become more common. In * Bt H apelar Jnrra rar lai par VII. liiimeB namef, s«i ibU naio, qa« par haar &•! fait, d« par antor oboM, si pur laa dreii nan porghaoor. — L. Gttillel. I. eap. sir. * Omnii tibia iraoiotar anU-Jnramenio piano t«1 obtenrato.— L. Hanriol I. Til. Izif. f 1. Anto-Jaram«nto a eompallanU bab«atar, •! alter m ■ezto deoima lae parf etar ; ifoat aooaaator preoMMrit.— >Ibid. Tit. Uvl. «8. A00U8AT0RIAL 0ONJURAT0R8. 69 B^arn the laws of the thirteenth cetotury provide that in cases of debt under forty sons, where there was no testi- mony on either side, the claimant could substantiate his case by bringing forward one conjurator, while the defend- ant conld rebut it with two.^ In Germany, about the same iicriod, the principle was likewise admitted, as is evi- dent from the ^^Juramentum supermortuum" already re- ferred to, and other provisions of the municipal law.* So thoroughly, indeed, was it established that, in some places, in prosecutions for highway robbery, arson, and other crimes, the accuser had a right to require every individual in court, ftom the Judge to the sfXH^tator, to help him with an oath or to swear that he knew nothing of the matter, and even the attorney for the defendant was obliged to undergo the ceremony.' In Sweden it was likewise in use under the name of jeffniiecd,* In Norway and Iceland, in certain cases of imputed crime, the accuser was bound to produce ten companions, of whom eight appeared simply as sup- porters, while two swore that they had heard the ofTence 8ix>ken of, but that they knew nothing about it of their own knowledge — ^the amount of weight attached to which asseveration is shown by the fact that the accused only required two conjurators to clear himself.* Perhaps the most careAil valuation of the oath of a plaintiff is to be found in the Coutumier of Bordeaux, which provides that, in civil cases not exceeding four sols in amount, the claimant should substantiate his case by an oath on the Gospels in the Mayor's Court ; when fVom four to twenty sols were at stake, he was sworn on the altar of * For do MorlaM, Robr. zzzrlH. art. 98. * Jnr. ProTia. AImbmi. oap. eoolz. f 4. * Ibid. eap. oeozoTiiL ii 19, SO. * IHi Cango miU voes, ' Idoo manoi libro imponiraai noro, qaod ftadlrlmnt (erlnoB mmoro tpansm), ol nobis ifnoiam eti Toram lU neo ne. — Jamiida, Mannbelgo cap. zziv. TO TnS WAQEB OF LAW. St. Projet or St. Antoine; from twenty sols to fifteen livres, . the oath was taken in the cemetery of St. Seurin, while for amounts above that sum it was administered on the " Fort" or altar of St. Senrin himself. . Persons whose want of vera- city was notorious were obliged in all cases, however un- important, to swear on the Fort, and had moreover to provide a conjiirator who with an oath of equal solemnity asserted his belief in the truth of his companion.^ The custom of supporting an accusatorial oath by con- Jurators was maintained in some portions of Europe to a comparatively recent period. Wachter* prints a curious account of a trial, occurring in a Swabian court in 1505, which illustrates this, as well as the weight which was still attached to the oath of a defendant. A woman accused three men on suspicion of being concerned in the murder of her husband. They denied the charge, but when the oath of negation was tendered to them, with the assurance that, if they were Swabians, it would acquit them, they demanded time for consideration. Then the advocate of the widow stepped forward to offer the oath of accusation, and two conjnrators being found willing to supiiort liini, the accused were condemned without further exaiuination on either side. A similar process was observed in the Fehmgericht, or Court of the Free Judges of Westphalia, whose Jurisdiction in the fourteenth and fifteenth centuries became extended over the whole of Germany. Accusations were supported by conjnrators, and when the defendant was a Frei-graff, or presiding ofllccr of a tribunal, the com- plainant was obliged to procure seven Frei-schoppen, or free Judges, to take the accusatorial oath with him.' The latest indication that I have met with of established legal provisions of this nature occurs in the laws of Britanny, as revised in 1539. By this, a man claiming compensation ' BabanU. IUtm HUt de Droii. 1861, p. 611. ■ Do Bojf , Droit Orlmind des Ptuplot Mod«rnot, II. 605. " Frehcr. dt Scorct Judle. cap. zvii. f S6. BRITANNT. . 71 for property taken away is to be believed on oath as to hia statement of its value, provided he can procure companiona worthy of credence to depose '^qu'ils croycnt que le Jureur ait fait bon et loyal serment'" Even this last vestige dis- appears in the revision of the Coutumier made by order of Henry III. in 1580. ' Ane. Co«l. de Brodigne, Tii. Tin. arl. 108. II. THE WAGER OF BATTL'E. WncN man is emerging from barbarism, the struggle between the rising powers of reason and tlie waning forces of cre<hility, prcjadice, and custom, is full of instruction. Wise in our generation, we laugh at the inconsistencies of our forefatlicrs, wliich, rightly considered as i)ortions of the great cycle of human progress, are rather to bo resi)ected as trophies of the silent victory, pursuing its irresistible course by almost imperceptible gradations. When, therefore, in th« dark ages, we find the elements of pure Justice so strangely intermingled with the arbi- trament of force, and with the no less misleading appeals to chance, dignified under the forms of Cliristianized super- stition, we should remember that even this is an improve- ment on the all-pervading first law of brute strength. We should not wonder that barbarous tribes require to be enticed towards the conceptions of abstract right, through pathways which, though devious, must reach the goal at last. When the strong man is brought, by whatever means, to yield to the weak, a great conquest is gained over human nature; and if tlie aid of sui>erstition is invoked to decide the struggle, we have no right, while enjoying the result, to stigmatize the means by whicli Providence has seen fit to liring it about. With uneducated nations, as with unedu- cated men, sentiment is stronger than reason, and sacrifices will l)c made for the one which are refused to the other. If, therefore, the fierce warrior, resolute to maintain an 7 74 TUK WAQSR or BATTLK. injustice or a usurpation, can be brought to submit liis claim to the chances of an equal combat or of an ordeal, he has already taken a vast step towards acknowledging the em- pire of right, and abandoning the iMsrsonal independence which is incompatible with the relations of human society. It is by such indirect means that mere aggregations of individiAls, each relying on his sword and right hand, have been gradually led to endure regular forms of government, and, thus becoming organized nations, to cherish the ab- stract idea of Justice as indispensable between man and man. Viewed in this light, the ancient forms of i)roccduro lose their ludicrous aspect, and wc contemplate their whim« sical Jumble of force, faith, and reason, as we might the first rude engine of Watt, or the ^' Clermont" which pain- fully labored in the waters of the II udson— clumsy and rough it is true, yet venerable as the origin and prognostic of future triumphs. There is a natural tendency in the human mind to cast the burden of its doubts upon a higher power, and to relieve itself from the etibrt of decision by seeking in ni3'stery the solution of its dinicultics. From the fetish worship|)ers of Congo to the polished sceptics who frequented tlie aalofi of Mile, le Normant, the distance, though great, is bridged over by this common weakness ; and whether the informa- tion sought be of the past or of the future, the impulse is the same. When, therefore, in the primitive mallumj the wisdom of the rachinborgs was at fault, and the absence or equal balance of testimony rendered a verdict dilllcult, what was more natural than to seek a decision by ap|)eal- ing to the powers above, and to leave the matter to the judgment of Ood f ■ Nor, with the warlike instincts of the ' Thai, aa Inte aa tba thirteenth eentury, the manlcipal law of Southern Germany, tn preaerlbing the duel for caaea deatitute of teatlmony, aaja with a naive Impiety : ** Hoe Ideo ttaiatam eal, quod eauaa htoe nemini eognila eei quam Deo, eajoa eat eandem Jnate decidere.'* Logical enough, if the premlaea be granted ! Btob aa late aa 1617, Auguai Vieacher, in an elabo DI8TIN0T FROM THE MODERN DUEL. T5 rftcc, is it surprising that this appeal should be made to the Oo<l of battles, t^ whom, in the ardor of new and imperfect Christianity, they looked in every case for a spe- cial interposition in favor of innocence and Justice. The ctirions mingling of procedure is well illustrated in a form of process prescribed by the primitive Bavarian law. A man comes into court with six conjurators to claim an estate ; the possessor defends his right with a single wit- ness, who must be a landlioldcr of tlie vicinage. The claimant tlicn attacks the veracity of the witness — ^^ Thou hast lied against me. Grant me the single combat, and let Ood make manifest whether thou hast sworn truth or false- hood;'" and, according to the event of the duel, is the decision as to the truthfulness of the witness, and the own- ership of the property. In discussing the Judicial combat, it is important to keep in view the wide distinction between the wager of battle as a Judicial institution, and the custom of duelling which has obtained with more or less regularity among all races and at all ages. When the Horatii met the Curiatii, or when Antony challenged Octavius to decide the fate of the empire of the world witli their two swords, these were isolated pro|K)sals to save the unnecessary effusion of blood, or to gratify individual hate. When the raffinS of the raU irmUiM on the JadieUl du«1, aipretsod fht Huna raHanea on tha dWina inUrp«»f liloa : ** Df i enim hoe Jndleiam dieUnr, soil Dao tmam, tannlDMida eonmiUliar, Dao Ij^Hnr aathora alngiilara hoe eerUman amelplaBdniB, nt JmIo Jsdialo adjntor fit, onnisqaa apas ad aolam rammflB proTidaDtiam THallaila rafaranda ait**— (Viaehar Traat Jsria Dnalllei UnWarti, p. IM.) Th\» work is a moat curloua antabronbin. Vlaseher was a laarnad jarlaeon- •vll who andaaTorad to ravira tha Jadiolal dual In tha laTantaanib eantvr j hj writing a traailaa of 700 pagai on ita prinolplaa and praoUoa. Ha axhlblta Iha wida ranga of hia atadlaa bj eltAilona from no lata than aiz bondrad and •aranty-ona antbora, and managai to aonvaj an inaradibly imal! amount of information on tha ivbjaet. ' Mandaelnm Jnraaii oontra mo: iponda ma pngna daomm, ot manlfastoi Dana ai mondaeinm an roritatam Jnrastl. — L. Baloar. Tit. xti. e. I. f S. T6 THK WAOSR OF BATTLE. times of Ilcnri Quatro, or the modern firewater, wiiKss out some imaginary 'stain in the bloocl^of his antagonist, tlie duel thus fought, though bearing a somewhat closer ana- logy to the Judicial combat, is not derived from it, but from the right of private vengeance which was common to all the Teutonic tribes, and from the cognate right of i>rivate warfare which was the exclusive privilege of the gentry during the feudal period.* The established euphuistic formula of demanding ^^ the satis&ction of a gentleman,'' thus designates both the object of the custom and its origin. The abolition of private wars gave a stimulus to the duel at nearly the period when the Judicial combat fell gradually into desuetude. The one thus succeeded to the other, and, being kindred in nature, it is not surprising tliat for a time there was some conAision in the minds of men respecting their distinctive characteristics. Yet it is not difficult to draw the line between them. The object of the one was vengeance and reparation ; the theory of the other was the discovery of truth, and the impartial ministration of justice. It is easy to multiply examples illustrating this. John Van Arckel, a knight of Holland, followed Godfi*ey of Bouillon to the first crusade. When some Oerman forces joined the army, a Tyrolese noble, seeing Van ArckePs arms displayed before his tent, and recognizing them as identi- cal with his own, ordered them torn down. The insult was fiagrant, but the injured knight sought ho satisfaction for his honor. Laying tlie case before the chiefs of the crusade, an examination was made and both parties proved their ancestral right to the same bearings. To decide the con- flicting and incompatible claims, the Judges ordered the ' The •Arlj edIeU dlreetod agaliiii tii« dael prop«r (Ordonn. Obarlei IX., ftn. 1666; Henri IV., m. 1602— in FoniMon I. 005) roror •zolufivolj to ib« nobieiM, and to tliOM entlUed to bear arinf, m addlotod to tlio priioiice, while tlie jadieial combat, m we ihAll lee, wua open to aii ranki Mid waa enforoed indiicriminatelj upon all. KXAMPLBB OF THB JUDIOIAL DUBL. Yt jndiciAl combat, in which Ynn Arckel deprived his antago- nist of life and quarterings together, and vindicated his right to the argent 2 bars gules, which in gratitude to Heaven he bore for eight long years in Palestine. This was not a quarrel on a punctilio, nor a mode of obtaining redress for an insult, but an examination into a legal ques- tion which admitted of no other solution according to the manners of the age.* When, after the Sicilian Vespers, the wily Charles of Anjou was sorely pressed by his victo- rious rival Don Pedro I. of Aragon, and desired to gain time in order to repress a threatened insurrection among his Neapolitan subjects, he sent a herald to Don Pedro to accuse him of bad faith in having commenced the war without defiance. The fiery Catalan fell into the snare, and in order to clear himself of the charge, which was not ill- founded, ho oflbred to meet his accuser in the champ^lon. Iloth parties swore upon the Go8|)cls to decide the question by combat, a hundred on each side, in the neutral territory of Bordeaux ; and Charles, having obtained the necessary sus|Xinsion of arms, easily found means to prevent the hostile meeting.* Though practically tliis challenge may differ little from that of Antony — ^its object in reality being the crown of the Two Sicilies — still its form and purport were those of the Judicial duel, the accused ofTering to dis- prove the charge of malh fides on the body of his accuser. So, when Francis I., in idle bravado, flung down the gaunt- let to Charles Y., it was not to save half of Europe fVom fire and sword, but simply to absolve himself from the well-grounded charge of perjury brought against him by the Emperor for his non-observance of the treaty of Mad- rid. This again, tlierefore, wore the form of the judicial ' ChroD. Domln. d« Arkel. (Maitli»l Analeel. VIII. »0). * lUmmi Manl«ii«r, eap. Izxi. — Nothing mor« romantio Is to b« fovad In ilin nnnnli of ebWnlry ihnn Mantfiner*t noeonni of Don Pcidro*! ride to Bordonni, and npponraneo In iho llftn, where the eeneiehal wm annble to ganrantee him n f;«ir field. t* f8 THE WAOBU OF BATTLE. combat, whatever might be the motives of personal hate and craving of notoriety which influenced the lost imitator of the follies of chivalry.* The celebrated duel, fought in 154T, between Jamac and La Ghastaigneraye, so piteously deplored by honest old Brantdme, shows the distinction maintained to the lost. It was conducted with all Judicial ceremonies, in presence of Henry II., not to settle a iK>int of honor, but to Justify Jamac from a disgusting accusation brought by his adversary. Resulting most unexpectedly in the death of Ghastaigneraye, who was a favorite of the king, the monarch was induced to put an end to all legal- ized combats, though the illegal practice of the private duel not only continued to flourish, but increased beyond all precedent during the succeeding half-century — Henry lY. having granted in twenty-two years no less than seven thousand letters of pardon for duels fought in contraven- tion of the royal edicts. The modem mode of obtaining ** satisfaction'' is so repugnant to the spirit of our age that it is perhaps not to be wondered at if its advocates should endeavor to afliliate it upon the ancient wager of battle. Both relics of barbarism, it is true, drew their origin from the same habits and customs, yet they have coexisted as separate institutions ; and, however much intermingled at times by the passions of periods of violence, they were practised for different ends, and ^ere conducted with dif- ferent forms of procedure. Our theme is limited to the combat as a Judicial process. Leaving, therefore, untouched the vast harvest of curious anecdote afforded by the monomachial propensities of modem times, we will proceed to consider briefly the his- tory of the legal duel from its origin to its abrogation. Its medifeval panegyrists sought to strengthen its title to respect by affirming that it was as old as the human race, and that Gain and Abel, unable to settle their conflicting * Da Ballaj, Mtfmolrei, LIv. III. ITS ANTIQUITY. 19 claims in any other mode, agreed to leave the decision to' the chances of single combat ; but we will not enter into speculations so recondite. Unknown as was the Judicial duel to the races of classical antiquity, or to the ancient civilizations of the East, and confined to the nations of modem Euroi)c, it is not a little singular that the custom should have prevailed with general unanimity from Sparti- vcnto to the North Cape, and that, with but one or two exceptions, all the tribes which founded the Euroixsan states should have adopted it with such common sponta- neity that its origin cannot be assigned with certainty to any one of them. It would seem to have been everywhere autochthonic, and* the theories which would attribute its paternity especially to the l^urgundians, to the Franks, or to the Lombards, are equally destitute of foundation. The earliest allusion to the practice occurs in Livy, who describes how some Spaniards seized the opportunity of a gladiatorial exhibition held by Scipio to settle various civil suits by combat, when no other convenient mode of solu- tion had presented itself;* and he proceeds to particularize a case in which two rival cousins decided in this manner a disputed question in the law of descent, despite the earnest remonstrances of the Roman general.* This could hardly have Iwcn a prevailing custom, however, among the abo- rigines, for Civsar makes no mention of it among the Qauls, nor docs Tacitus among the Germans ;* and their silence on ' Qattlem litoi qvsf cliseeptan<loflnire neqularant aai nolaerant, paeto inter •• «i riolorem rtt leqaeretnr, farro deoraverunt. — Lib. zztii. eap. xx\. * Mee Alivm daornm hominuiBTa qnam Martam n Jndioam habiinros asaa. ' A pawaga in the **I>e Moribui Garmanin,*' cap. z., ia eommonly, bnt •rrenaonaly, qaolad as thowing iba azistanoa of iba dna! as a means of evl- danea among Uia Germans. When aboat io andariake an importani war, one of Iba enemy was eapiared and obliged to Aght with a chosen ebamplon, an aagorj being drawn from the resnlt as to the event of the war. There la a vast difference, howerer, between a special omen of the ftitnre, and a proof of the past In the dally affairs of life. Da Canga quotes an expression from Patercalus to show that the Jadieial 80 THB WAQBR OF BATTLS. 'the subject must be accepted as condosive, since a system so opposed to the principles of the Roman law could not have -failed to impress them, had it existed* Yet in the fourth century, an allusion which occurs in Claudian would seem to show that by that time the idea had become fiuniliar to the Roman mind.^ ]f the fabulous antiquity attributed by the early his- torians to the Danish monarchy be accepted as credible, a statement may be quoted from Saxo Qrammaticus to the effect that about the Christian era Frotho III., or the Great, ordered the employment of the duel to settle all contro- yersies, preferring that his subjects should learn to rely on courage rather than on eloquence ;' and however apocryphal the chronology may be, yet the tradition shows that oven in those ancient times the origin of the custom was already lost in the night of ages. Among the Feini or ancient Irish, the custom undoubtedly existed in the earliest periods, for in the Senchus Mor, or code compiled under the super- vision of St, Patrick, there is an allusion to a Judicial combat long previous, when Conchobar and Scucha, father of Brigh, first decreed that a delay of five days should take place in such ainiirs.* At the time of the conversion app««l to the iword wm oottomary among the GermanB, but, although I am dlffidont indiiMiitlngfrom lo abiolata an authority, loannot lee tveh moan- ing in tho pamago. Patorealos merely sayi (Lib. ii. oap. ezTlil.)f in doiorlb- Ingtho itratagemiwhioh lad to tho defeat of Vami, "at lolita armif dooorni Jure torminarentar." Taken with the eontezt, thii would appear to refor merely to the law of the f trongeit which preraiU among all aaTage tribes. ' Qoi male luipectam nobii Impeniiui arsit Vel leto purgare fldem : qui jndioe ferro Bilult Immeritum laadato sanguine erimen.— I>e Bell. Oetioo V. 591. " Do qnalibet Toro oontrorersla ferro deoernl sanzit, speeiosins Tiribua quam rerbis eonfligendnm existimans.— Saxon. Qrammat. Hist. Dan. Lib. j, * Senohus Mor L 251. ** Why is the distress of fl?e days always more usual than any other dis- tress ? On aooount of the oombat fought between two in Magh-inis. When they had all things ready for plying their arms, ezeept a witness alone, they met a woman at tbe plaoe of oombat, and she requested of them to delay, saying, ' If it were my husband that was there, I would compel yon to delay.' THB FRANKS. 81 of Ireland, therefore, the dud was an anecstral right firmly cfltnlilished, and Bnbject to precise legal regulations. So general was it, indeed, that St Patriclc, in a council held in 45r>, was obliged to forbid his clergy from appealing to the sword, under a threat of expulsion from the church.* Towards tlie end of the same century, King Qnndobald cau8c<l tlie laws of the Bifrgundians to be collected, and among them the wager of battle occupies so conspicuous a place thatit obtainctl in time the name of Lex Gundebalda or liOy Uombette, giving rise to the belief that it originated with that race. In the ordinary texts of the Salique law, no mention is made of it, but in one manuscript it is alluded to as a regular form of procedure.' This silence, however, does not Justify the conclnsion that the battle ordeal was not practifKHl among the Franks. Enough instances of it are to lie found in their early history to show that it was by no means uncommon;" and, at a later period, the same almence of reference to it is observable in the Lex Emen- data of Charlemagne, though the capitularies of that monarch frequently allude to it as a legal process in general use. The off-shoots of the Salique law — ^the Rip- * I wMid delay,' mid one of lh«m, * bat it woold b« prvjndleial to th« man who sncf mo ; it If hto eaate that wonid bo delayed.* • I will delay,* laid the other. The eombat wa« then put off, bat they did not know till when it was |iat off, anin Conehabhnr and Senoha pasted jndgment reepeotlng It ; and SeneUa asked, *What is Uie name of this woman?* <Caiothi* (Are), aaM she, ' Is ny name.* * Let the eombat be delnjed,* said Seneba, * In Uio name of this woman, for Are days.* From whieh is derlred *Tho truth of the men of the Feini would have perished, had it not been for Ouiethl.' It b Driffh Uiat is here ealled Cuieihl.'* ' Rebus sals elerioas illo solrat debllam ; nam si armls eompognaTorlt oam IIIa, merito extra eooleslam eomputetur. — Synod. 8. Patrioli, ann. 466, ran. Ytit. * Si tamen non pntnerlt ailprobare . . . . et posf ca, si ansns hierit, pvgnot. — T«eyden MR.— Cnplt. Bxtravaganl. No. xxviii. of PardoMUS. * Qnaw. Turott. Hist. Frano. Lib. vit. e. xlw, ; Lib. x. e. z. • Ximolni I^b. IT. 0. U. 82 THE WAGER OF BATTLE. uorian, Allomannic, and Bavarian codes — ^wliich wcro com- piled by Thierry, tlic son of Clovis, revised successively by Ohildebert and Glotair II., and put into final shape by Dagobert I. about the year 630, in their frequent reference to the ^^ campus," show how thoroughly it iMsrvaded the entire system of Germanic jurisprudence. The Lombards were, if possible, even more addicted to its use. Their earliest laws, compiled by King Rotharis in 648, seventy- six years after their occupation of Italy, make constant reference to it, and the strong hold which it then had on the veneration of the race, as an ancestral custom, is shown by the fruitless efforts of that legislator and his successors to restrict its employment and finally to abrogate it. Thus Rotharis forbids its use in cases of importance, substituting conjurators, with an expression of disbelief, which shows how little confidence was felt in its results even then by enlightened men.* The next law-giver, King Orimoold, decreed that thirty years' possession of either land or liberty relieved a defendant from maintaining his title by battle, the privilege of employing conjurators being then conceded to him.* In the succeeding century. King Luit- prand sought to abolish it entirely, but finding the preju- dices of his people too strong to be overcome, he placed on record in the statute book a declaration of his contempt for it and a statement of his efiTorts to do away with it, x while he was obliged to content himself with limiting the * QuU alMttrdum et inipoaiibU* rldeior eit* at torn grandb oauia fab ano Muto per pognam dlriniAiur.— (L. Longobard. Lib. ii. TU. U. H h >. 3.) How oompletalj ihU wm at Tarianea witb Iba eoatomf of tba Lombardi is •ridant from a oaio wbiob ooourred under bis imukediate predecessor Ario- Taldus. Tbat monaroh imprisoned bis queen Qundeberga, a MeroTingian princess, on an aocusation of oonspiraoj brought against her bj Adaluli; a disappointed suitor. When Glotair the Oreat sent an embassy to rescue his fair relatiTc, the question was decided by a single combat between the accuser and a champion named PItIo, and on the defeat of Adalulf, the queen was pronounced innocent and restored to the throne after a oonflnement which had lasted three years.— Almoini Lib. it. o. z. ' L. Longobard. Lib. ii. Tit. zzzr. H ^i &• TUB ANOLO-SAXONS. 83 extent of its application, and diminishing the penalties incurred by the defeated party.* The laws of the Angles, tlic Saxons, and the Frisians, likewise bear testimony to the nniversality of the custom.* Even among the Welsh it prevailed to a considerable extent, and though Hoel Dha, when he revised their code in 914, endeavored to put an end to it, he was unable to do so effectually. It is not a little singular that the duel appears to have been unknown among the Anglo-Saxons. Employed so extensively as legal evidence throughout their ancestral regions, by the kindre<l tribes from which they sprang, by the races among which they settled, and by the Danes and Norwegians who became incorporated with them ; harmon- ising moreover with their general habits and principles of action, it would seem impossible that they sliould not like- wise have practised it. Tlmt such was tlie case is one of tlie anomalies which defy si)ecnlation ; and the bare fact can only be stated that it is not referred to in any of the Anglo- Saxon or Anglo-Danish codes. There seems, indeed, to bo no reason to doubt that its introduction into English Juris- pnidcncc dates only from the time of William the Con- queror." ' OrftTif esnm nobto en* comfMiriiit, at tab ano loaio, per anom pagasm, omnem eaam lalMUnilHni bono amlitai. . . . Quia ioeeril tamai de Jadtelo Dei ; et maUot aadlvimas per pagnam line josia eaasa taam oaanam perdere. Fed propter connoetadinem gentiii nonino Longobardoram legem inipiam velare noa poeeomai. — (L. Longobard. Lib. i. Tit. ix. \ 23.) MnnitoH, bow- ever, flatce that the older M88. read *• legem ietam/* in plaee of ** Impiam,** at given fn the printed teste, wbieb would lomewbat wealcen the foree of Jjttil prendre eondemnation. * h. Anglior. et Werinor. Tit. i. eap. iii. and Tit. xy.— L. Saxon. Tit. XT.*L. rririon. Tit. t. e. i. and Tit. xi. o. iii. * A charter lapaed hj William, whieh appears to date early in hii reign, girce the widest latitude to the duel both for his French and Saxon sabjecte. — (I«. Oalllelmi Conqaest. ii. H I, 2, 3. Thorpe, I. 488.) Another law, how- ever, enabled a Norman defendant to decline the combat when a Saxon was epiiellani. ** 8i Franelgena appellaverit Anglum. . . . Anglns se defendat p«r qnod melins volaerlt, ant jadieio ferri, ant daello. ... 81 aatem An- glns Praneigonam appvllaverit et probare rolaeril, jodiolo ant daello, toIo 84 Tax WAQsa ov battlb. Tlio only other barbarian race among whoso hiws Uio battle trial found no place was the Gothic, and hero the ex- ception is susceptible of easy explanation. The ell'ect ui)ou the invaders of tlie decaying but still majestic civilization of RomCi the Byzantine education of Theodoric, the leader of the Ostrogoths, and his settled policy of conciliating the Italians by maintaining as far as possible the existing state of societyi preclude any surprise that no allusion to the practice should occur in the short but sensible code known as the *^ Edict of Theodoric," which shows how earnestly that enlightened conqueror endeavored to Aise the invaders and the vanquished into one body politic' With regard to the Wisigoths, we must remember that early conversion to Christianity and long intercourse with civilization had already worn off much of the primitive ferocity of a race which could produce in the fourth century such a man as Ulphilas. They were the earliest of the invaders who suc- ceeded in forming a permanent occupation of the conquered territories ; and settling, as they did, in Narbonensian Qaul and Spain while the moral influence of Rome was yet all powerful, the imperial institutions exercised a much greater effect upon them than on the subsequent bands of Northern barbarians. Accordingly, we find their codes based almost entirely upon the Roman Jurisprudence, with such modifi- cations as were essential to adapt it to a ruder state of society. Their nicely balanced provisions and careful dis- Um FrADolgenMB porgar* m MorMnento non freeto."— (Ibid. iii. 4 It. ThorfM, I. 408.) Baob ImmttnUy Mtnif AflnguUr privUvg* for Ihegentrous Normfta blood. * An epbllo from Tboodorio to Ibo Gaaliib proTlnea*, wbteb bo bftd jofi Addod io bis omplro, oongraiulatof tbom ob tboir reiurn to Roman Ibwi and ttitgot, wbiob bo ordon Uicm io adopt wilbout delay. Ita wbola tonor abowt bis tboroagb appraoiatlon of tbo soporiority of the Imperial oodes oTer tbo Ottstomi of tbe barbarians, and bis anxiety for setUed principles of Jorls- prudeneo. '* Jora piibliea eertissima sunt bnmonm viln solatia, inflrmorum aazllta, potentnm frena."— (Oassiodor. Variar. Lib. iii. Bpiri. zvii.) Variooa oiber pasMgea migbi bo eitod to tbe same efleot "Jura retemm ad noatrnm oupimoa reverentiam oustodiri,*' ** Ooleotamnrjure Romano ▼irere,"eie. THE WIBIOOTnS. 85 iinctions ofTcr a striking contrast to the shapeless legisla- tion of the races that followed, and neither the Judicial combat nor canonical compurgation found a place in them. Even the vulgar ordeal would appear to have been unknown until a ])criod long subsequent to the conquest of Aquitaine liy CMovis, and but little anterior to tlieir overthrow in Spain b3' the Saracens. Tliat this apparent exception to the prevailing customs of the barlmriaus was due, however, to Ihoir ncipiicscence in tlic enlightened zeal of their legis- lators, Tlieodoric and Alaric II., is rendered evident by passngcs in Cassiodorus, which show that the Qothic races originally followed the same practices as the other savage tribes.* Even as in Italy tlie Lombard domination destroyed tlie results of Theodoric's labors, so in France the introduc- tion of the Fraukish element revived tlie barbarian instincts, and in tlie celebrated combat before Louis-le-Ddbonnaire, between Counts Bera and Sanila, who were both Qoths, we find the ^^pugna duornm" claimed as an ancient privilege of the race, with the distinction of its being equestrian, in accordance with Qothic usages.* Nor was the wager of battle confined to races of Celtic or Teutonic origin. The Slavonic tribes, as they success- ively emerge into the light of history, show the same ten- dency to refer doubtful points of civil and criminal law to the arbitrament of the sword. The earliest records of ' In lencling GoIoimos to govern iba PanoonUn Ooiht, Tbeodorio argM pironKlj the abandontneni of ibe doe], sbowlog bow flrm a bold it liUI re- tained in thoffo portion! of Uie ra«e wbiob bad not been eiposed to the full eWUUing Inflneneesof Rome — '* Cur ad monomaebiam reonrrltisqnl ▼enalem jndkcm non habetU ? Deponlie ferram qui nonbabetli inlmioam. Penlma eontra parentef erigUls braehlnn, pro qaibna oonttat glorloee noriendum. Quid opim ett bomini lingaa, il eaomm manai agat amala ? ant nnde pax rrM» errditnr, pI Pub eivUiiate pngnatar?'* — Cautodor. Varlar. Lib. ill. Rpist. xxill. xxSv. * Brmold. Nigell. I>e Reb. aevt. Lndor. Pii Lib. tti.— Astron. YIt. Ladov. ril cap. xxxiii. So thorongbfy wu tbe guilt of Bera oonaidered as proved bj blp defeat In tbU eombat, tbai bis name became adopted In tbe Catalan dialect as synonjmons witb traitor.— Harea llispanica, Lib. in. e. 21. 8 86 THB WAQBR OF BATTLE. Ilungaiy, Bohemia, Poland, Scrvia, Silesia, Moravia, Pom- erania, Lithuania, and Russia present evidences of the pro- valence of the system.* Arising thus spontaneously from the habits and character of so many races, it is no wonder that the wager of battle, adapting itself to their various usages, became a pennanent institution. Its roots lay deep among the recesses of popu- lar prejudice and superstition, and its growth was corre- spondingly strong and vigorous. In this it was greatly assisted by the ubiquitous evils of the facility for perjury afforded by the practice of sacramental purgation, and it seems to have been regarded by legislators as the only remedy for the crime of false sweai*ing which was every- where prevalent. Thus Gundobald assumes that its intro- duction into the Burgundian code arose from this ca^ se ;* Charlemagne urged its use as greatly preferable to the shameless oaths which were taken with so much facility ;* while Otho II., in 988, ordered its employment in various forms of procedure for the same ixMison.* It can lianlly be a source of suqiriso, in view of the manners of tlio times and of the enormous evils for which a roniedy was sought, that the effort was made in this mode to impress uik>u * Ktfnlgiwarttr, op. oii. p. 224. ' MoUm in populo noairo et perTloaiiona eannntiain et onpldiUtif in- •tinelo lU oognoMimat depravarl, ui d« rcbni inoerili iftorftmeotam plerum- qa« offer* non dubitenl, et de eognlib jngitor p«rjarare," eto. — L. Bargnnd. TU. zlr. The remedy, howerer, would Mem to baTe prored inrafficient, for arabse- qnenl enaetment proridet an enormoui fine (800 lolidi) to be lerled on the witneiiei of a loiing party, by making them share In the punishment. *'Qoo faoiiina in poaterum ne qnis aodeat propria praritate mentire." — L. Bar- gnnd. Tit. Izzz. 4 2. The position of a witness in those unoeremonions days was indeed an nnenTiablc one. ' Ut palam apparet qnod ant ilic qnl ertmen ingerit, ant ille qnt Tnit so defendere, peijnrare se debeat. Melius wisum est ut In eampo oam fiiftlbua pariter oontendant, qaam peijurlom absoonse perpetrent. — Capit. Car. Mag. ez Lege Longobard. o, zzzlr. (Balute). « L. Longobard. Lib. ii. Tit. Ir. § S4. ITS UNIVBB8AL APPLIOATION. 8t principals and witnesses the awfnl sanctity of the oath, thns subjecting them to a liability to siipiH)rt their asseverations by an apix^al to arms nndcr imposing religions ceremonies. In tlie primitive codes of the barbarians, there is no distinction made between civil and criminal law. Bodily punishment l)cing almost unknown, except with regard to slaves, and nearly all infractions of the law being visited with fines, there was no necessity for such niceties, the matter at stake in all cases being simply money or money's worth. Accordingly, we find the wager of battle .used in- discriminately, both as a defence against accusations of crime, and as a mode of settling cases of disputed property, real and |)ersonal. This gave it a wide sphere of action, which was speedily rendered almost illimitable by other causes. In its origin, the Judicial duel was doubtless merely an ex|)cdicnt resorted to in the absence of direct or sulllcicnt testimony, and the Judges or rachinborgs were probably the arbiters of its necessity. Some of the early codes refer to it but seldom, and allude to its emplo3rment in but few cases.* In others, however, it is appealed to on almost every occasion. Among the Burgundians, in fact, we may assume, from a remark of St. Agobard, that it superseded all evidence and rendered superfluous any attempt to bring forward witnesses.* If any limits, indeed, were originally imposed, they were not of long duration, for it was not dinicult to find exi^cdicnts to Justify the extension of a cnstom which accorded so perfectly with the temper of the age. now little reason was requisite to satisfy the bellige- ' That the SftUqne Uw, of hiui been Mid Hbore, hardly reeognim the eiittenee of the praettee. The Ripaarlan eode refers to it bnt foar tinee , that of the Al»miiDiii but eii timet, while it fair!/ briatlea throoghoat the eegnate legislation of the Baloarians. * Apnd qaomm legem non lioet disoassione not Teraelnm testimonto caasas terminare ; eo qnod libnerit, armis eomminarl liceat, ne inflrmior •va retinere ant reposeere aadeat, tanqaam Veritas armls manifestarl egeat. JAh. Adrersos Legem OnndobadI eap. z. 88 Tni WAOBB OF BATTLB. rent aspirations of Justice is shown by a curious provision in tlie code of one of tiie Frisian tribes, by wliicli a man unable to disprove an accusation of liomicido was allowed to charge the crime on whomsoever he might select, and then the question between them was decided by combat.* The mode, however, by which the duel gained its greatest extension was the custom of challenging witnesses. It was a favorite mode of determining questions of perjury, and there was nothing to prevent a suitor, who saw his case going adversely, from accusing an inconvenient witness of false swearing, and demanding the ^^ campus" to prove it — a proceeding which adjourned the main cose, and likewise decided its result. This summary process of course brought every action within the Jurisdiction of force, and deprived the Judges of all authority to control the abuse. That it obtained at a very early period is shown by a form of pro- cedure occurring in the Bavarian law, already referred to, by which the claimant of an estate is directed to fight, not the defendant, but his witness ;* and in 819 a capitulary of Louis-le-D^bonnaire gives a formal privilege to the accused on a criminal charge to select one of the witnesses against him with whom to decide the question in battle.* Nor was this merely a temporary extravagance. Late in the thirteenth century, after enlightened legislators had been strenuously and not unsuccessfully endeavoring to limit the abuse of the Judicial combat, the challenging of witnesses was still the favorite mode of escaping legal con- demnation.* Even in the fourteenth century, the municipal * L. Frieion. Tit. sir. \i, * L. Baioar. Tli. xti. cap. i. \ 2. * At si alia vioa doo rel trta onm da f nrto aoouia?arint, llcaat al unom as bla earn aonto at fuata in eampo oontandara. — (Caplt. Ludov. Pii ann. 810, cap. XT.) Wlian locli was tho liability impending orar witneMoi, it U aaay to under- atand why they ware required to eomo Into court armed, and to liave tlioir weapons blessed on the altar before giring testimony. If defeated, they were fined and obliged to make good any damage which their evidenoe would bare oaosed the other side. — L. Baioar. Tit. xvi. o. t. * Beanmanolr, Oontumes du Beauvoisis, ebap. Izi. \ 68. OnALLENQINQ OF WItNE88E8. 89 law of RhcimB, which allowed the duel between principals only in criminal cases, permitted witnesses to be indiscrimi- nately challenged and forced to fight, affording them the privilege of employing champions only on the grounds of physical infirmity or advanced age.* A still more bizarre extension of the practice, and one which was most ingeni- ously adapted to defeat the ends of Justice, is found in the English law of the thirteenth century. By this, a man was sometimes i)ermitted to challenge his own witnesses. Thus a thief on trial could always summon a " warrantor" firom whom he claimed to have legitimately received the stolen pro|)erty, and if this warrantor declined to give the guarantee demanded of him, the accused was at liberty to prove his assertion by the duel ; while, if the guarantee was forthcoming, the accuser had the same right.* Another mode extensively used in France about the same time was to accu.se the principal witness of some crime rendering him incapable of giving testimony, when he was obliged to dis- pose of the charge by fighting, either personally or by champion, in order to get his evidence admitted.' It is not easy to imagine any cases which might not thus lie brought to the decision of the duel ; and the evidence of its universality is found in the restriction which prevented the api^earancc as witnesses of those who could not be com* pelle<l to accept the combat. Thus the testimony of women and ecclesiastics was not receivable in lay courts in suits where ap|)eal of battle might arise;* and when in the * Lib. Prmti. da Comiitiad. Remenf. §4 14, 40 (ArehlTM LIgiclat. da lUint, Pi. I. pp. S7, 40). * Braelon. da Lagibos Angl. Lib. iii. Traoi. it. eap. zzivli. 4 6. ' BafwmMioir, ehap. tI. 4 19* * Ibid. obap. xxxiz. 4f 80, SI, 00. — Ataiiat da Janmalam eap. 100.— A •awawhai dmllar prinelpla it in forea in tha modarn jaripprudenca of Gbian* WoMan, partani ovar cigliiy or nndar ten yean of ago, and orlpplei who bara loal an •y or a limb ara antitlad to bnj themaalTaa off IVom poniibmant, •leapt in a few aaaat of aggravatad oriraa. Thay ara, tharafora, not allowed to appear as aeeoMn, baeanta thej ara enabled by tbia priTllega to aoeapa 8* 90 THE WAOEB OF BATTLE. twelfth century special privileges were granted by the kings of France empowering serfs to bear testimony in court, the disability which prevented a serf from fighting with a free- man was declared annulled in such cases, as the evidence was only admissible when the witness was capable of sup- porting it by arms.* The result of this system was that, in causes subject to such appeals, no witness could be forced to testify, by the French law of the thirteenth century, unless his principal entered into bonds to see him harmless in case of challenge, to provide a champion, and to make good all damages iu case of defeat ;* though it is difficult to understand how this could be satisfactorily arranged, since th^ penalties in- flicted on a vanquished witness were severe, being, in civil causes, the loss of a hand and a fine at the pleasure of the suzerain, while in criminal actions "il perderoit le cors avecques."* The only limit to this abuse was that wit- nesses were not liable to challenge in cases concerning matters of less value than five sous and one denier.* If the position of a witness was thus rendered unenviable, that of the Judge was little better. As though the duel had not received sufficient extension by the facilities for its em- ployment just described, another mode of introducing it in all cases was invented by which it became competent for the defeated party iu any suit to challenge the court itself, and thus obtain a reversal of Judgment at the sword's point. Towards the end of the twelfth century in England, we find Glanville acknowledgiug his uncertainty as to whether the court could depute such a quarrel to a cham- Ihe peoAlUtf oflUM wiiDMf.— Staanion, Ptnal Code ofCblna, 8«oto. S0-S8, and 839. ' Th» earliatt of these oharieri b a grant from Lonii-le-Groe In 1109 to the ■erfli of the ehureh of Parli, oonflrmed by Pope Patcal II. In 1113. (Balni. et Mansi III. 12, 62.) * Beaamanoir, ohsp. Izi. ^ 60. * Ibid. ohap. Ixi. ^ 67. « Ibid. ohap. zl. ^21. OHALLBNOINQ OF JUDGES. 91 pioii, or whether the Judge delivermg the verdict was bound to defend it personnlly ; and also as to what, in case of defeat, was the legal position of the court thus convicted of injus- tice.* These doubts would seem to indicate that the custom was still of recent introduction, and not as yet practised to an extent sufTlcicnt to afford a settled basis of precedents for its details. If so, it was not long in firmly establishing itself. In 1105, the customs of St. Qnentin allow to the disapiM>intetl i)leadcr unlimited recourse against his Judge.* Towards the middle of the thirteenth century, we find in the " Conseil" of Pierre de Fontaines the custom in its fullest vigor and Just on the eve of its decline. No restric- tions apiiear Ip be im^iosed as to the cases in which appeal by battle was permitted, except that it was not allowed to override the customary law." The suitor selected any one of three Judges agreeing in the verdict ; he could appeal at any stage of the proceedings when a point was decided ' " Carta • • . Uneiar kamen jndiolam man taeri por daaUam . . • Sed atraio earfa Ipsa tanaatar par aliqaam 4a aaria la dcfandera, Tal par allom extraBaam boa Sari poasit, qaaro." — (Da Lag. Angltn Lib. Tin. anp. is.) Tba rarali of a raTartal of jadgmani moii probably hava baan a baary flna and dapriTailoa of iba Jadieial fanotlon, saeb baing tba panaliy proTldad for iajaatlea In iba laws of Henry I.—*' Qnl injnata Jodioabii, oxs to!, rant ail ai digalUtan jadlaandi pardal.*'— (L. Hanriel I. Tit. ziil. f 4)— wbteb aeeorda nearly witb tba Franeb praatica In tba tima of Baaamanolr, as mantionad balow. It mast baboma in nind tbat, as iba dlspanKing of Jastioa was an attribnio of tba faadai nobility, iba Judges ware generally warriors (azeept tba royal Jadgas In England, wbo ware frequently ecoleslastics), and tbas tbese pro- eaedings ware not as extraordinary as tbay may at first sigbt appear to as. In Germany, wbara tba Judges of tba lower eourts were aleetiTe, tbey wero required to be aetive and Tigorons of body — **nee manlbas nee pedlbns oapius.'*— (Jar. Provin. Alaman. oap. Ixviii. \ 6.) * Si ille eontra quern 6t Judiaium non eonaedit illnd Judielum, per eampnm at duellum potarit lllud eontradiaera Intra THIam 8. Qaintini, aontra illos qui Judiaium Ibaarint.— Cited by Marnier in bis edition of Pierre da Fon- Uinas. * Car pol prolltarolani las oostumas el pals, s*il s*en aoTenolt eombaire ; na d^poeior na las puat-om par bataillo.-^^diiion Marnier, ebap. xxti. Tit. xxxiL f 92 THE WAOEE OF BATTLE. against him ; if unsuccessful, he was only liable in a pecu- niary penalty to tlie Judges for tlie wrong clone them, and the Judge, if vanquished, was exposed to no bodily punish- ment.^ The villein, however, was not entitled to the privi- lege, except by si)ecial charter.* The universality of the practice is shown by the fact that it was for a long time the only mode of reversing a Judgment, and an apiMsal in any other form was an innovation introduced by the extension of the royal Jurisdiction under St. Louis, ^ho labored so strenuously and so effectually to modify the barbarism of feudal institutions by subordinating them to the principles of the Roman Jurisprudence. De Fontaines, indeed, states that he himself conducted the first case e^er known in Yermandois of an appeal without battle." At the. same time, the progress of more rational ideas is manifested by his admission that the combat was not necessary to reverse a Judgment manifestly repugnant to the law, and that, on the other hand, the law was not to be set aside by the duel. Twenty years later, we find in Beaumanoir abundant evi- dence of the success of S£. Tiouis in Hctling bouncls to the abuses which he wiui endeavoring to remove. The restric- tions which he enumerates are greatly more edlcacious than those alluded to by de Fontaines. In capital cases, the ' Chap. XXII. Tit. i. ri. rlH. x. xxwM zxzi.— '<Bi eertoi en fkoMmrai ne giii ne tI« no membra de oelaqni loni faoi^, en qneleonqne point que le fnnse- mentfoli raii,ot quele qne la qnerele tolt*' — (Ibid. Tit. sir.) . If the judge was aooased of bribery, however, and wai defeated, he was liable to oonllMation and banlihment (Tit. zxri.). The Inereaeing sererity meted out to uarelene, Ignorant, or corrupt Judgei, manlfeita the powerful Influenee of the Roman law, whioh, aided by the actlTO etforte of legbti, was inflltrating the onstomary jarisprudenoe and altering Its oharaeter OTerywhore. Thus de Fontaines quotes with approbation the Code, De pcena jndicis (Lib. vii. Tit. zlix. 1. 1) as a thing rather to be desired than expected, while In Bcaumanolr we already And its proTislons rather exceeded than otherwise. * ]>e Fontaines, chap; xxii. Tit. ill. " Ibid. Tit xxllL—Bt ce fu 11 premiers dont je oTsse onques parlor qui fhst rapeles en Vermandtis sans bataille. OnALLSNOINO OF JUDGES. 98 fipiKfil dul not He; whilo in civil actions, tlio suzerain before wliom the nppeal was made could refuse it when tlie Justice of tlic verdict was self-evident. Some caution, moreover, vrtkn requisite in conducting such cases, for the disap|K)tnted ])leader who did not manage matters rightly might find him- self ]ilcdgcd to a combat, single-handed, with all his judges at once; and as the bench consisted of a collection of the neighboring gentry, the result might be the confirmation of the sentence in a manner more emphatic than agreeable. An important change is likewise observable in the severe jienalty imiK>sed upon a judge vanquished in such an ap- l)eal, being a heavy fine and deprivation of his functions in civil cases, while in criminal ones it was death and confis- cation — ^^W pert le cors et qnanques il a."* The king's court, however, was an exception to the gene- ral nde. No appeal could be taken from its judgments, for there was no tribunal before which they could be carried.* The Judges of the royal court were therefore safe from the necessity of vindicating their decisions in the field, and they even carried this immunity with them and communi- cated it to those with whom they might be acting. De Fontaines accordingly advises the seigneur Justicicr who anticiimtes the appeal of battle in his court to obtain a royal Judge to sit with him, and mentions an instance in which riiilip (probably Philip Augustus) sent his whole council to sit in the court of the Abbey of Corbie, when an appeal was to be entered.* By the German law of the same period, the privilege of ' Craianef dn BeaiiToliif, ebftp. Izl. ^ M, 46. 47, 60, 6S.~It should b« honi* in mind, however, ihfti DeimmAnoIr wm a rojftl haini, and the differ- ence heiween ihe "onfiiie de baitli*' And the "aetleet dee ehevAliere" ii well pointed ont hj Deognot (Lee Olim, T. II. pp. xzx. xzzi.). Benamnaolr in ■MBj e«»ee evidently deneribei the law ei he would with It to he. * Rl ponr ec ne Ten pnci favpner, enr l*en ne tronvefolt nie qni droit en MH eer Ii role ne Uent de nalvl fori de Dieu ei de Inj. — £ubli«enienle, T«iT. I. ehep. Iiiviii. ' CNinnril, rh. XMl lit. xii. « 94 TUB WAQBR OV BATTLB. rovcrsing a sentence by the sword existed, but accomiMinied with regulations which seem evidently designed to embar- rass, by enormous trouble and expense, the gratification of the impulse which disapiK)uited suitors would have to establish their claims in such manner. Thus, by the Swa- bian law, it could only be done in the presence of the sovereign himself, and not in that of the immediate feudal superior;* while the Saxon code requires the extraordinary expedient of a pitched battle, with seven on each side." It is not a little singular that the feudal law of the same period has no allusion to the custom, all appeals being regularly carried to and heard in the court of the suzerain.* Apart A*om these side issues, the right of demanding the wager of battle as between the principals varied much with the age and race. When Beaumanoir composed his '^ Oou- tumes du Beauvoisis," in 1283, the practice may bo con- sidered to have entered upon its decadence; twenty years had elapsed since the determined efforts of St. Louis to abolish it ; substitutes for it in legal processes liad been provided; and tlie manner in which that enliglitcned jurist manifests his preference for peaceful forms of law shows that he fully appreciated the civilizing spirit in which the monarch had endeavored to soften the ferocity of his sub- * 81 eonilngai nt de JatiiilA leiitoiiiin pagnandam ■it, UU pogna debet laititui ooram rege — (Jar. Provin. Alamen. oap. xelx. f 5). In a French venion of tbii oode, made probablj toward! tbe elose of the fonrteenlh oen- torj, the purport of thUi pafsage it entire! j changed. * * De chaeonn iagoinant ne poet Ian trover leanl ne certain oonsoil ei bien come per lo oouaoil do sages de la oort lo roi."— Miroir de Souabe, P. I. o. oxiii. {td. Matile, Neuf- ehatel, 1848). We maj hence oondude that by this period the oostom of armed appeal was disnsed, and the extension of the royal Jurisdiction was esUblished. * Jur. ProTin. Saxon. Lib. i. art. 18.— This has been qoestioned by modem oritios, but there seems to be no good reason for doubting its authority. The whole formula for the proceeding is given in the Riohstich Landrccht (cap. 41), a manual of procedure of the fourteenth century, adapted to the Baxou. oode. * Riohstich Lehnrecht, cap. xxvil. RSBTRIOTIONB ON THE DUEL. 96 jcctfl. When, therefore, wo boo in Bcaumanoir's treatise how few rofltrictionB exiBted in liis time, we may compre- licnd the previouB nniverBality of the ctiRtom. In criminal cascfl, if an acenscr olTerccl battle, the dcfcnclant was forced either to accept it or to confess his guilt, unless he could prove an alibi, or unless the accuser was himself notoriously guilty of the crime in question, and the accusation was evidently a mere device to shift the guilt to the shoulders of another; or unless, in case of murder, the victim had disculimted him, when dying, and had named the real criminals.* If, on the other hand, the accused demanded to wage his battle, the judge could only refuse it when his guilt was too notorious for question.' A serf could not challenge a freeman, nor a bastard a man of legitimate birth (though an api)eal of battle might lie between two bastards), nor a lci>cr a sound man.' In civil actions, the battle trial was not allowc<l in cases relating to dower, to or]>hans under age,* to guardianships, or to the equity of redemption afforded by the feudal laws to kinsmen in the sale of heritable property, or where the matter at stake was of less value than twelve denicrs.* St. Louis also prohibited the dnel Ixitween brothers in civil cases, while permitting it in criminal accusations.* The slendemess of these re- strictions shows what ample opportunities were afforded to liclligercnt pleaders. In Germany, as a general rule, either party had a right to demand the Judicial combat,^ subject, however, in practice ' CoatnoM dn BeMiToltii, ebap. Iii. 4 S ; ohap. ilUi. f 6. * IbM. eli«p. Iii. f S ; ehnp. xxxlx. S l^- * IM<1. eliAp. IxHL H 1, 2, 10. ' Tw«nlj-on« yMirt It the iig* mentioned hj St. Lonii m thni at whieh a man wm lUhte to be enlled upon to llghl.— Ktitblissemente, Llv. i. ebap. Izxiil., oxHL ' Contamee dn BeMiToiilii, ehftp. Uiil. 4f tl, 1$, 18. The denier wm the tvelflh part of the eolldnt or ion. * fEtablieeenente, hit. i. ebnp. oIztII. * Jnr. Prorln. Alnnnn. enp. eUrl. ff 13, S7; eap. elzzrli. 96 TUB WAQBE OF BATTLE. to several important limitations. Thus difTcrencc of rank between the parties afforded the superior a right to decline a challenge, as we shall see more Ailly hereafter.* Rela- tionship between the contestants was also an impediment,* and even the fact that the defendant was not a native of the territory in which the action was brought gave him the privilege of reAising the appeal.* Still, we find the principle laid down even in the fourteenth century that cases of homicide could not be determined in any other manner.* There were circumstances, indeed, in which the complain- ant, if he could bring the evidence of seven witnesses in his iavor, could decline the duel ; but if he chose to prove the charge by the combat, no examination or testimony was admitted.* Yet a general rule is found expressed to the effect that it was necessary only in cases where no other evidence was obtainable, when the result could be safely left to the judgment of Omniscience.* By the English law of the thirteenth century, a man accused of crime had the right of election between trial by jury and the wager of battle in doubtAil cases only. When a violent presumption existed against him, he was obliged to submit to the verdict of a jury; but in cases of suspected poisoning, as satisfactory evidence was deemed unattainable, the accused had only the choice between con- * At mltIj m the time of Frederio Barbaroita thU rule was lirloUj Uid down. '* 81 mUM adrenaa mlUtem pro pace yiolaia aui aliqua capiUU eauaa daoHam eommltUra Yolaorit, faoultai pugnnndi el non concedaiur nisi pro- bare possit quod antlqaitus Ipse ouin pareniibus suis nations legiiimns miles ezistoi.*'— Feodor. Lib. ii. Tit. zzvli. S 8. * Jar. Prorin. Alaman. oap. coolzzzvi. f 2. ' Ibid. oap. oozcii. f S. * Sed solas si de perpetrato bomioidlo agitnr, probationem sine daoUo non prooedere. — Riebstioh Landreobt, cap. zliz. * Jur. ProYin. Alaman. oap. oeolzzzvi. H 28, 20 (Ed. Sobilteri). * Illno perrenit disposliio de duello. Quod enim bomines non Tident Deo nihilomlnus notnm est opilme, undo in Deo eonfldere possumus, eum duellum seonndnmjus diremturum. — Jar. ProYin. Alanan. oap. elzvili. } 19 (Bd. Benokenberg). RS8TBI0TION8 ON THS DUEL. 9t fcssion and iho combat* On the other hand, when the appellant demanded the duel, he was obliged to make out a prolmble case before it was granted.* When battle had been gaged, however, no witlidrawal was permitted, and any comi>ORition between the parties to avoid it was pnnish- able by fine and imprisonment* — a rcgtdation, no doubt, intcndeil to prevent pleaders from rashly nudertaking it, and to obviate its abuse as a means of extortion. Any iNKltly injury on the ])art of the plaintiff, tending to render him less capable of defence or aggression, likewise deprived the defendant of the right to the wager of battle, and this le<l to such nice distinctions that the loss of molar teeth was adjudged not to amount to disqualification, while the alwence of incisors was considered sufficient excuse, be- cause tli03' were held to be im|>ortant wca|M>ns of offence.* Thus the knight who demanded that his antagonist should undergo the destruction of an eye to equalize the loss of his own, extinguished in the fight of Otterbourne, was strictly within the privileges accorded him by law. Not- withstanding these various restrictions, cases of treason were almost always determined by the judicial duel, ac- cording to both Glanville and Bracton.^ This was in direct * Bmeton. Llt>. iii. Tmet. U. e«p. 18. * Ibid, ea^ tS 4 1. ' 81 aatem nUrqa* defalUm feecrU, ct tMtAtam lU qaod eoneordail faeniBt, nl«r«|ii« eapinlar, ei Ipul ei pleffli int In nlMrieordia.— Ibid. The oastom wllh regard to thii rerled greaUy leoording to loeal oflsge. Tb«i A eherier of the Coant of Forei in 1270 eoneedei the right of ATolding bettle, even at the leat moment, bj satinfjing the advemry, end peying a flne of pixtj poll.— Chart. Raynaldi Com. Forent. e. 4 (Bernard, Illat. d« Foret, T. I. Preavei , p. 25). Aeoording to the oaetomi of Lorrle, In 1166, If a eompoiitlon wai effected after battle had been gaged and before eecnrlty wai glren, eaeh party paid a flne of two tons and a half. If after ■eeurity wai pledged, the flne was Inoreesed to seven enae and a half —Chart. Lndor. Junior, ann. 1155, cap. xIt. (Tsambert, Anciennes Tjoii Fran^flises, I. 155.) * Braeton. Lib. 111. Tract. 11. cap. 24 f 4.— ilojnfmodi Tero den tee mnl- tarn adjnrant ad deTincendnm. * OltniW. Lib. XIT. cap. i.— Braeton. Lib. 111. Traot. it. eap. 3 4 1* Selet appellnm Utnd perdnellnm terminarl. 9 98 THE WAQBB OF BATTLE. oppoBition to the custom of Lombardy, where such cases irere especially exempted from decision by the sword.^ In B^am, the duel was i)ermittcd at the option of the accuser in coses of murder and treason, but in civil suits only in default of testimony.* That in such cases it was in common use is shown by a treaty made, in the latter part of the eleventh century, between CentuUa I. of B^ai*n and the Yiscount of Soule, in which all doubtfiil questions arising between their respective subjects are directed to be settled by the combat, with the singular proviso that the com- batants shall be men who have never token port in war.* In the thirteenth century, however, a provision occurs which must hove greatly reduced the number of duels, as it imposed a fine of only sixteen sous on the pai*ty who mode default, while if vanquished he was visited with a mulct of sixty sous and the forfeiture of his arms.* In some regions, greater restrictions were imposed on the facility for such api>eals to the sword. In Catalonia, for instance, the judge alone hod the power of deciding whether they should b<2 permitted,* and a siniihir riglit wos reserved to the podcsto in a code of lows enacted ut Yerouo iu 1228.* This must often hove prevented the injustice inherent in the system, and on equally prudent reserve was exhibited in a statute of Montpellier, which required the assent of both parties.' On the other hand, in Normandy, at the com- mencement of the thirteenth century, many coses relating to real estate were exombied in the first histoncc by a jury * Non ait eonsneiudo Medlolani ni de felonia aui de infldeliUia pagnA flat ; lioet oonirariain sit, qaod praoiplt lex LongobMrdorum, ut d« infldeU- tato pagna ftftt.— Fendor. Lib. ii. Tit. xzxix. * For de Morlaaa, Hubr. zzzriii. zxziz. ■ Maroa, Hist, de Bdarn, p. 293 (Masure at Ilatoolet). * For de Horlaaa, Rubr. ir. ' LibeU. CaUlan. MS. (Dn Gange.) * Meo arbitrio determlnabo doellam, vel judioiom Jodioabo. — L. Manio. Veronenf. oap. 78 (Moratori Antiq. Ital. Diuert. 30). ^ SUtnt. Montiipeu. ann. 1204 (Da Cange). MINIMUM VALUE AT ISSUE. 99 of twclvo men, and if they failed of an unanimous yerdict, tlie qncstion was decided by the duel, whether the parties were willing or not.^ From a very early period, a minimnm limit of value was CfltaliliRhed, lielow which a pugnacious pleader was not a11owe<l to put the life or limb of his adversary in Jeopardy. This varied of course with the race and the period. Thus, among the Angli and Werini, the lowest sum for which the combat was permitted was two solidi,* while the Bai- oarians established the limit at the value of a cow." In the tenth century, Otho II. decided that six solidi should 1)e the smallest sum worth fighting for.* The laws of Henry I. of England decreed that in civil cases the appeal of battle should not lie for an amount less than ten solidi.* In France, Louis-le-Jeunc, by an edict of 1168, forbade the duel when the sum in debate was less than five sous,* and this remained in force for at least a century.' The custom * EUblineiiMiitf da Normaadie, passim (^ition Ifarnier). * h, Angllor. et Wtrinor. Tit. xr. Th« Tariftilons la th* oolnsg* mn fo BnBMrou and nnoeriaiiii that to expresi the raloes of the sol Idas or foa, at tho differeal periods aad among the dlflerent races enamerated, woold oeeapj too Biaeh space. la general terms, It maj be remarked that the CarloTlngian •olida* was the twentieth part of a poand of sllrer, and, aoeordlng to the researches of Oudrard, was eqnWalent in pnrchasing power to aboat thirty- six francs of mo<lern money. The mare was half a poand of silver. * L. Baioar. Tit. Tin. cep. II. 4 5; cap. ill. * h, Langohard. Lib. ii. cap. W. f 87. ' L. Ilearlel I. oap. 69. * Isambert, Ancieaaes Lois Fraa^alses, I. 161. This oecan in an edict abollshlBg saadry Ticloas easterns of the town of Orleans. It was probably merely a local regnlatlon, thongh it has been freqaeatly cited as a general law. * Lirres do Jostice et de Plot, LIt. six. Tit. xtII. f 3, and Tit. xzIL 4 4. See also a coatamier of Anjoa of the same period (Anciens Usages d' Aqjoa, 4 ».— Ifaraier, Paris, 1863). The "LiTre de Jostice et de Plet" was the prodactlon of an Ori6sanals, which msy aeconat for his afflzing the limit prescribed by the edict of Lonla* le^eaae. The matter was eridently regalated by local castom, since, as we hare already seen, his contemporary, Deanmaaoir (oap. Ixlil. f 11), I tweire dcnicri, or one son, as the minimnm. 100 THB WAOEB OF BATTLE. of Normandy in the thirteonth century specifics ten sons as the line of demarcation between the ^4ex apparens" and the ^4ex simplex" in civil suits,^ and the same provi- sion retains its place in the Ooutumicr in use until the sixteenth century.* In the Prankish kingdom of Jerusalem, the minimum was a silver marc' A law of Aragon, in 1247, places the lunit at ten sous.* By the criminal pro- cedure in England, at about the same period, the duel was prescribed only for cases of felony or crimes of importance, and it was forbidden in trifling misdemeanors.^ The con- temporary law of Qermany provides that in accusations of personal violence, the duel was not to be allowed, unless the injury inflicted on the complainant had been sufficiently serious to cause permanent maiming,* thus showing how thoroughly different in spirit was the Judicial combat fi*om the modem code of honor which has been affiliated upon it. • No rank of life procured exemption from the duel be- tween antagonists of equal station. When in 1002, on the death of Otho III., the German throne was filled by tlio election of ITonry the Lame, Duke of liavaria, one of his disapiK>intcd coin[)etitors, llernmiin, Duke of Swubin, is said to have demanded that tlicir res[)ective claims should be determined by a Judicial combat, and the new king, feeling himself bound to accept the wager of battle, proceeded to the appointed place, and waited in vain for the appearance of his antagonist.' Thus the champion of England, who ■ Coit. L«g. NornM. P. ii. oap. zzi. f 7 (Lodewig, Rellq. M88. VII. 807.) TheJadgm«Dt of God wm ft-equenUy lijled "Lex apparent' * or **parlbilU." * Ano. GoaiiiiB. do Normandle, oap. 87 (Bonrdoi do Riohebonrg, IV. 55). * Assiiei do Jornaaleiii, oap. 149. * Lawt of Hootoar, by Don Jajmo I. (Do Cango g. t. Ihma), * Poiorit onim fiiotiim ono iU Ioto qnod non jaoobli appolium, ut li loYla trantgreosio lU, toI ti simploz injuria. — Braoton. Lib. iii. Traoi. ii. oap. 10 S 8. i^io oap. 23 4 S. * Ob alia autom Yninora baud ita graria, duoHum non pormiUitar. — Jar. ProTin. Alaman. oap. olxzii. } SO (Ed. Bonokenborg). ' DitbmariOhron. Lib. y. NO 0LAB8 BXSMPTBD. 101 flfvtircs in the coronntion pageant of Westminster Abbey, in a relic of the times when it was not an idle ceremony for the armed and mounted knight to fling the gauntlet and ])roclaim aloud that he was ready to do battle with any one who challenged the right of the new monarch to liis crown.* A striking example of the liability attaching to even the most exalted rank is afforded by a declaration of the privileges of the Puchy of Austria, granted by Frederic Barbarossa in 1166, and confirmed by Frederic II. in 1245. These privileges rendered the dukes virtually indeiKndent sovereigns, and among them is enumerated the right of emplojnng a champion to represent the reign- ing duke when summoned to the Judicial duel.* Even more instructive is the inference dcducible from the For do Morlaas, granted to his subjects by Gaston lY. of Bdani aliout the year 1100^ The privileges contained in it arc guaranteed by a clause providing that, should they be in- fringed by the prince, the injured subject shall substantiate his complaint by his simple oath, and shall not be com- INilled to prove the illegoltty of the sovereign's acts by the judicial combat,' thus indicating a pre-existing custom of the duel between the prince and his vassals. International litigation, even, was subject to the same arbitrament. Allusion has already been made to the chal- lenge which passed between Charles of Anjou and Pedro of Arngon, and other instances might readily l)o given, such as that of the Em|)eror Henry III. and Henry I. of France during their interview at Ipsch in 1 050.^ These may I)er1iaps be regarded rather as personal than national quar- ' From Ui« tin* of Ifenry T., Ih« oflloe of king'f ehamplon wm one of lion<»r find digniij. (See Spelmmi^B Oloatnry.) * Infitipor pAlcfii idem Dnz Aoftriic, cam impngnAinii fnerit ab lUiqno de dn^tto, per iinnm idnnenm non in enormitniis maenlA detttniam irteM miM prorftt* tiippltre. — ConflH. Frid. II. ann. 1245, eap 9. (Ooldsat. ConM. Inp. I. S0.1 ) * Vnr do MnrliiNP, Rnbr. xxtI. * Ifiiml»i»rl. SchafTnnbtirK. ann. 105II. 9* 102 THB WAQBB OF BATTLE. rols, but that distinction does not apply to a case wliidi occurred in 1034, ^vhcn the Eraixsror Conrad the Saliquo endeavored to pacify the Saxon Marches. On inquiring into the origin of the mutual devastation of the neighbor- ing races, the Saxons, who were really in fault, offered to prove by the duel that the Pagan Luitzes were the aggrech sors, trusting that their Christianity would counterbalance the injustice of their cause. The defeat of their champion by his heathen adversary was, however, a memorable ex- ample of the impartiality of God, and was received as a strong confirmation of the value of the battle trial.* As regards the inferior classes of society, innumerable documents attest the right of peasants to decide their quarrels by the ordeal of battle. By the old Lombard law, slaves were allowed to defend themselves in this manner ;* and they could even en^ploy the duel to claim their liberty ttom their masters, as we may infer from a law of King Grim- oald denying this privilege to those who could be proved to have served the same master for thirty continuous years.' Similarly, among the Frisians, a lilua claiming his liberty was allowed to prove it against his master with arms.* The institutions of fcudulisni widened the distance between the different classes of society, and we have already seen that, in the thirteenth century, serfs were enfranchised in order to enable them to support their testimony by the combat ; yet this was only the result of inequality of rank. In the time of Beaumanoir (1283), though an ap[)ctd would not lie from a serf to a freeman, it may Ih) safely inferred from the context that a combat could be legally decreed between two serfs, if the consent of their masters wera obtained,' and other contemporary authorities show that a ■ Wippo. Vit. Ghttnradi Salioi. * L. LoDgobard. Lib. i. Tit. »t. f 49. Sarriu ejai tunc per pugnam aai per lAeranieniam le defendat li poiaerii. " Ibid. Lib. 1. Tii. iz. 4 S8. * h, Frifion. Tit. xi. onp. iii. * CoaUmet da BeaaToi«is, oap, Iziii. f I> DIFFSBENOE OF RANK. 103 man claimed as a serf could defend his freedom with the sword against his would-be master J Even Jews were held liable to the appeal of battle, as we learn from a decision of 120Y, preserved in an ancient register of assizes in Nor- mandy,* and they no doubt purchased the exemption, which was granted them, except in cases of flagrant murder, by . rhilipi)o-lc-Long, as a special favor, in 131 Y.* Dilfcrcnce of condition thus became an impediment to the dud, and formcil the subject of many regulations, varying with circumstance and locality. The free mountaineers of ]k*ani, as has been seen, placed the prince and the subject on an equality before the law, but this was a rare example of independence, and the privileges of station were some- times exhibited in their most odious form. In France, for instance, while the battle trial could take place between the grntilhomme and the vilain^ the former was secured by the distinction that if the villein presumed to challenge him, he enjoyed the right of fighting on horseback with knightly weapons, while the challenger was on foot and armed only with shield and staff; but if the gentleman condescended to challenge the villein, they met on equal terms.* In Ger- many, where the minute distinctions of birth were guarded ' Urref <!• Jottioe •% da Plet, LIt. xix. Tit 13. — AbnegarU 00 ctte Nrmm B. llarUfil, •% de hoe arrMnlrH b«Uam oontrft not.— Tabal. VlBdoelnraf, •ftp. IM (On Ciiim;*, ■. r, udramif). * Andiwfl d« rEehk|iii«r de Normandle, |>. 114 (Marnier). ' Iiiiart^re, Table Cliroii. des Ordonnaneei, p. 105. * Beaamasoir, op. elt. eap. Izi. H 9, 10.— ^toblifMrnenle de 8. Lonle, Lir. I. ebap. Izzxii. — Pierre de Foniainee, however, repndialet this bar- barottt eaeton In eatct of appeal, and direeU iha( the combat eball take plaee on foot between ehampione — (Coneeil, ehap. xxi. Til. xiv.). Bean- maaoir menllone a e«»e whieh ehowg thai prnotiffal joHiee was not nn- freqnenllj enforred wlihoat ceremony. A gentleman challenged a rotnrler, and preeented himnelf in the arena on horseback with his knightly arms. The defendant reclaimed against the injustice, and the judges decided that the gentleman forfeited his horse and arms, and that if he desired to aecom- plifh the combat he mopt do to In the condition in whieh he was loll bj tho dt«armamenl— in his shirt, wllhont weapon or shield* while his adrerMry re- l«inr«l hip coat nf mell, InrnrI, end eliib. — (Oonl. dc IleanTiii. cap. Ixlr. \ X) \ 104 Tns WAOEn of battlb. "with the most jealous care from a very early period, the laws of the thirteenth century provide that a diflercnce of rank permitted the superior to decline the challenge of an inferior, while the latter was obliged to accept the appeal of the former. So thoroughly was this principle carried into practice, that, to compel the appearance of a Semper/rt^ or noble of sixteen quarterings, the appellant was obliged to prove himself of equally untarnished descent.' In the same spirit, a Jew could not decline the api)eal of battle of- fered by a Christian accuser, though we may safely infer that the Jew could not challenge the Christian." So, in the Latin kingdom of Jerusalem, the Greek, the Syrian, and the Saracen could not challenge the Frank, but could not, in criminal cases, decline the challenge of a Christian, though they might in civil suits.' In Aragon, no judicial duel was permitted between a Christian and a Jew or a Saracen,^ while in Castile both combatants had to bo gentlemen, quarrels between parties of different ranks being settled by the courts.* There were three classes — ^women, ecclesiastics, and those suffering under physical incapacity — ^witli whom i)ersonal api)earance in the lists would appear to be impossible. When interested in cases involving the wager of battle, t;hcy were therefore allowed the privilege of substituting a champion, who took their place and did battle for the jus- ' Jar. ProTin. AlamanB. oop. oooIzizt. ff 14, 16 (Ed. SchilUr). Ae- oording to aome MSB., however, thii privilege or declining tbe ohallenge of »n Inferior wu noi allowed in onsef of hoinioide. — '* Ibl onim oor|iiii eorpori opponiinr." — eap. lilt, f 4. (Kd. BonclLenberg.) On the oilier hand, a eonitUatlon of Frederio Barbaroeta, iwued in 1108 and quoted above, forbids the duel in capital caeeg, vnleei the advenariee are of equal birth. * Ibid. cap. oolviii. f SO (Ed. Bohilter).— We have already leen that the convene of thia mie waa Introduced in England, aa regarda queationa between Frenchmen and Bngliahmen, by William the Conqueror. * Quia anrien et grecl in omnibua aula cauaia, printer quam in criminalibaa ezcuaantnr a duello. — Aaalaea de Jemaalem, Baiaae Court, cap. SOO. * Lawa of IIoeMar, ann. 1247. (Du Gauge a. v. Toma.) * Laa Bieto Partidaa, P. vii. Tit. iii. 1. 3. WOMEN AS DUBLLI8T8. 105 iico of thoir cause So cnrefal were legislators to prevent any failure in the procedure prescril^ed by law, that the AsRiscs do Jcrnsalem ordered the suzerain to supply the cxiMuses for forty days, when a suitor unable to fight was alflo too |K>or to pay for a champion to take his place; and when a murdered man left no relatives to prosecute the murderer, the suzerain was likewise obliged to furnish the champion in any trial that might arise.' Equally directed to the same purpose wns the Qerman law which provided that when a crippled defendant refused or neglected to procure a substitute, the Judge was to seize one-half of his property with which to pay the services of a gladiator, who could claim nothing more.* Women, however, did not always restrict themselves to fighting thus vicariously. The Qerman laws refer to cases in which a woman might demand justice of a man person- ally in the lists, and not only are instances on record in which this was done, but it was of sufficiently frequent oc- currence to have an established mode of procedure, which is preserved to us in all its details by illuminated MSS. of the period.* The chances between such unequal adversaries were equalized by burying the man to his waist, tying his left hand behind his back, and arming him only with a mace, while his fair opponent had the free use of her limbs and was provided with a heavy stone securely fastened in a piece of stuflT.^ ' AwlfM d« J6niml«m, eap. 366, 267. * 61 hoe fkmra non thH pftralytleas iUa, tune judex medlAiiU peeaiilA IMmljtlei, eamplofiem Aliqnem Adfoiieere debai, halo pftralytiena MmbMBi bononini dare debet, ei nibll ftmpllni. — Jar. ProTin. AImbuib. eap. Ix. 4 6. * Jar. Provin. AlamAnn. enp. eoxxix. f S. Tbli cbepter ii omUUd In Ibe French ven>Ioii of Ihe Speeolnm Suevlooni. * Konlgtwftrter, op. eU. p. SSI. — In meny plaeeep howoTer, erimei whieb a nan wei forced to dUproTe by combat, were rabjeet to the ordeal of hot Iron or water when the accnfe<l waa a woman. Tbna by the Spanlab law of the thirteenth centary " Mager . . aalTeae por flerro eallenle ; e at Taron faere te|;ador . . aaWeae por lid.'* — Fuero de Baefa. (Vllladiego, Faero Ja«]{« fol. .117'.) 106 THE WAQBR OF BATTLE. The liability of ecclesiastics to the duel varied with the varying relations betMreen the church and state. As early OS the year 819, Louis-le-Ddbonnairc, in his additions to the Salique law, directs that, in doubtful cases arising between laymen and ecclesiastics, the duel between chosen witnesses shall be employed, but tliat when both parties are clerical it shall be forbidden.^ This restriction was not long ob- served. A decree of the Emperor Guy, in 892, gives to churchmen the privilege of settling their quarrels either by combat or by witnesses, as they might prefer ;* and about the year 945, Atto of Yorcelli complains that the tnbuuals allowed to ecclesiastics no exemption from the prevailing custom.* Yet so far was this from being deemed a hard- ship by the turbulent spirits of the i)criod, that clerks not unfrequently disdained to sustani their rights by the inter- vention of a champion, and, yielding to warlike aspirations, boldly entered the lists themselves. In 1080 the Synod of Lillebonne adopted a canon punishing by a fine such bel- ligerent churchmen as indulged in the luxury of duels without having first obtained from their bisliops a siMScial license authorizing it.* About the same i)erio(l, (leollVy, abbot of YendOme, in a letter to the Bishop of Saintes, complains of one of his monks who had fought in a judicial duel with a deck of Saintes.' The practice continued, and though forbidden by Pope Iimocent II. in 1140,* Alexander III. and Clement lA. found it necessary to repeat the pro- hibition before the close of the century,' and soon after- * Oapit. LadoT. PU I. ann. 810, cap. x. * Ughelli, T. 11. p. 122 (Da OaDg«). ' Addani iiuaper, qnoniam si aUquIi milltum saoerdotof ]>el in erlmine pulMYerit per pagnam sire singolari eeriamina ease deoernendam.— ]>e Pres- snris Eoeles. * Olerions ... si doellnm sine eplseopi lioenUa snsceperit . . . aut assullum feoerit, episoopis per peooniam emendetor. — Orderio. Vital. P. ii. Lib. v. o. 5. ' OolTrid. Vindooinene. Lib. iii. Episi. 39. " Da Oange. ^ Utolerioi non pttgneni in daello, neo prose pngiles inirodaceni. — Ctiron. 8. iBgid. in Branswig.— Can. 1. Extra. Lib. v. Tit. zIt. BOOLESIABTIOAL DUELS. lOT wards Cclcstin III. was forced to pronounce sentence of doi>oRition in a cose of this nature submitted to him.* All this was fonnally and ])eremptoril3' confirmed by Innocent 111. at the great council of Latcran in 1215.* That the peaceful ministers of Christ should vindicate their rights with tlie sword, either personally or by proxy, was a sacrilege abhorrent to pious minds. As early as the middle of the ninth centuiy, Nicholas I., who did so much to establish the supremacy of the church, endeavored to emancipate it from this necessity, and declared that the duel was not recognized bj' the ecclesiastical law.' The utmost privilege accorded the clergy, however, was the right of presenting a champion in the lists, which zealous churchmen naturally resented as an arbitrary injustice.^ How thoroughly it was carried out in practice, notwith- standing all remonstrances, is shown by a charter granted in 1024 by St. Stephen of Hungary to tlie monastery of St. Adrian of Zala, by which, among other privileges, the pious king bound himself to supply a champion in all suits against the abl>ey, in order that the holy meditations of the monks might not be interrupted.* It was long before the abuse was removed. In 1112 we And a certain Guil- laume Maumarol, in a disimte with the chapter of Paris conocniiug some feudal rights over the domain of Sucy, npi)caring in the court of the Bishop of Paris for the pur- iwse of settling the question by the duel, and though the matter was finallj' comprontiscd without combat, there does * Can. S Bxtn. Lib. r. Tit. xlr. * OoneU. Liiternn. IV. om. IS. ' MoBomaehUm In legvin non Mtamimm, qamn Aoieeefioret noairot minimi* tMepine eognoTimat. — Cap. HonomaohUm funt. ii. q. 6. — ^Nloolal PP. I. Bpbi. 148. * A«l pnfntam paeerdotet implngere qnicrunt, nnllam amptlnn rere reniiam ip^la obMrvant«f , niti qnod non propriis manibui, sad per imbminoi lUls in tali diaerlmine Jndicani dimioare.— Alton. VerecU. De Prennrli Beeles. Pi, I. * Charl. 8. BlepbanI (Balthjani, Legg. Ecolei. Hang. T. I. p. 384). 108 TIIS WAQBB OF BATTLE. not seem to have been anything irregular in his proceeding.* So, about the same period, in a case of disputed property between the abbey of St. Aubin in Anjou and a neighboring knight, the monks not only challenged their adversary, but the duel was held in the seignorial court of another monastery;* and in 1164, we find a duel decreed at Monza, by the Archbishop of Cologne as chancellor of Italy, be- tween an abbey and a layman of the vicinity.* That such cases, indeed, were by no means uncommon is shown by their special prohibition in 1195 by Cclestin III.^ Yet, not- withstanding the repeated efforts of the Holy See, it was almost impossible for the church to exempt itself from the universal liability. Though in 1174 Louis YII. granted a special privilege of exemption to the cliurch of Jusiers and its men, on the ground that he was bound to abrogate all improper customs,* still no general reform appears to have been practicable. As late as the year 1245, some vassals of the chapter of N6tre Dame at Paris denied the service due by them, and demanded that the claim of the chapter should be made good by the wager of battle. That they had a legal right to do so is shown by the fact that the churchmen were obliged to implore the intervention of the Pope ; and Innocent lY. accordingly granted to the chapter a special privilege, in which, on the ground that single combats were forbidden by the canons, he declared that the church of Ndtre Dame should be entitled to prove its rights by witnesses, deeds, and other legitimate proofs, notwithstanding the custom existing to the contrary.* ' Oarinlairo do I'lEglisods VotIb, I. 878. ' Tbd oharUr rulaling io (he luli and iU reeulU is given by UiiIum and Maiui, MifloeU. III. 60. ■ Ibid. p. 134. ' Can. 1 Bxira. Lib. v. Tit xxxr. * Tenamur pravai ooniuetudinae fundltue azlirparc. — (Du Bojs, Droit Orimincl dai Paaples Modarnai, II. 187.) * Oonirarla evniuetudina non obatanie. — Cart, do T^gllfa da Paris, II. 898-4. SOOI.S8IA8TI0AL JIJRI8D10TI0N. 109 These ifidividnal exceptions only prove the universality of the rule. It is therefore not surprising to find that prelates, acting in their capacity of temporal seigneurs, should have been accustomed to award the duel as freely as any other form of legal procedure. To do this was not only one of the privileges which marked the feudal supe- rior, but was also a source of revenue from the fees and penalties thence accruing, and these rights were as ^gerly sought and as Jealously guarded by the spiritual lords qa by the warlike barons. It would scarce be necessary to multiply instances, but I may mention a charter granted by Fulk Nera, Count of Anjou, about the year 1010, be- stowing these rights on the abbey of Beaulieu in Touraine,* and one by the Emperor Henry III., in 1052, to the bishop and church of Yolaterra in Italy." Some conscientious churchmen objected to a practice so antagonistic to all the teachings of the religion of which they were professors, and liflled up their voices to check the abuse. Thus, about the close of the eleventh century, wc find the celebrated canonist, St. Ivo of Ghartres, rebuking the Bishop of Or- leans for ordering the combat to decide an important suit in his court.' Ivo even carried out his principles to the sacri- fice of the Jurisdiction usually so dear to the prelates of his day, for in another case he refused to give Judgment be- cause it necessarily involved a trial by battle, and he eluded the responsibility by transferring the cause to the court of the Countess of Chartres.* His precept and example were equally unavailing. Churchmen continued to award the wager of battle, and resolutely resisted any invasion of their privileges. In 1150 the statutes of the chapter of ' Pa CMg«, «. T. Briifttn, * MiTftiori, Antiq. lUl. DtMeri. 39. — Among raHoae olhor •zumplef gWrni hj tlio miBd author te one of the yeiir 1010, In which the eonrt of the bi*hop of AreUno gniDtt the eombAi to decide a ease between » monMtery and » layman. * Ivon. R|4ft. exiTiil. * Ibid. Rptfi. cexlvil. 10 110 TIIB WAOSE or BATTLS. TiJiniMmiie direct that sll duels shall be fought before the proTOfli, — and the proToet was Ardncias, Bishop of GeneTS.* Eren in the thirtemth century, in the archbishop's ooort or ofllcialitj of Rheims the dud was a matter of coarse J* and in a jodgment rendered in 1269, concerning a combat waged within the jurisdiction of the chapter of Notre Dame of Paris, we find that the first blows of the fight, usually known as " ictus r^is" or ^ les cons lou roi,'' are alluded to as ^ ictus capitulL'" How eagerly these rights were main- tained is apparent from numerous decisions concerning contested cases. Thus an agreement of 1193, between the Countess of St. Quentin and the chapter of Ndtre Dame, respecting the disputed jurisdiction of the town of Viry, gives the official of the chapter the right to decree duels, but places the lists under the supervision of both par^ ties, and divides the spoils equally between each.* A charter of 1199, concerning the village of Mame, shows that the sergeant, or officer of the chapter, had the cogni- sance of causes up to the gaging of battle, after which further proceedings were reserved for tlie court of tlio bishop himself.* In 1257, wliilo St. Louis was exerting himself with so much energy to restrict the custom, an abbey is found engaged in a suit with the crown to prove its right to decree the duel, and to enjoy the fees and mulcts thence arising.* Even more significant is a declara- tion of the authorities of Mctz, as late as 1299, by which tlie granting of all wagers of battle is expressly admitted to appertain to the court of the archbishop by the civil magistrates of the city;' and even in 1311 a bishop of ' llignd'8 PAtrologtAp T. 188, p. 1287. * Lib. Praoi. d« ConBUOtud. R«in«nf . /Nimm (Arobirea L6gbl. de Rbeima). * Carialftiro da I'Sgliae do Parit, III. 438. After ibe flrai blows, tbo par- tloi ooald bo aoparaiod on payineni of a flno to tbo oouri, from tbo rooiploni of wblob ibo namo U oWdontlj dorivod. * OartaUiro do vigWm do Paris, I. 234. » Ibid., I. 7»-80. * Iios Olim, I. 24. * FaiiOBf eognonant b ton* quo dos arramiet dos obampt ot doc bateUloa MSBOANTILS LAW. Ill St. Brienc ordered a duel between two squires pleading in his court, in consequence of liigh words between them. From some cause, the combat did not take place, and the Christian prelate seized the arms and horses of the parties as his mulct. They appealed to the Parlement of Paris, which ordered the restoration of the confiscated articles, and fined the bishop for his disregard of the royal edicts prohibiting the single combat* By this time, probably, the dictum of Bcaumanoir had become generally acknowledged, that the church could not be concerned in cases which involved the wager of battle, or of death or mutilation.* There was one Jurisdiction which held itself more care- fully aloof from the prevailing infinence of barbarism — ^that of the Admiralty Courts, which covered a large portion of praciiral mercantile law. This is a fact easily explicable, not only from the clmra(*lcr of Die pariios and of tlic trans- a<*tions for which those courts were erected, but from the direct descent of the maritime codes from the lloman law, less modified by transmission than any other portions of modiflsval Jurisprudence. These codes, though compiled mt a period when the wager of battle flourished in full lux- uriance, have no reference to it whatever, and tlie Assises do Jerusalem expressly allude to the Admiralty Courts as not admitting the Judicial duel in proof,' while an Eng- lish document of 12 Edward III. attests the same prin- ciple.* When, however, the case was one implying an accusation of theft or deception, as in denying the receipt Bovt ftTOBB reeogneni ek r«eogiilt«onf o*oii ne Im doll fliird anion, naiqaei •■ la eoart de I'oiUI notlro lignoar I'erefqad de M«tt. — ^Da Canf^, i. t. Ar- rmmintio ■ LefOUn, III. 679. * Voiri «•! qao tail U eaa ob il pot avoir gagot do baUnic on peril da pardra tIo o« membra, dolrant atira JnatieU par la lata Jnatiea ; na na i*ea doii aainie Bgllia mailer. — Coaiamat da BenQToUif, eap. zi. art. 80. * Kn la eork da la mar na point de batallla por pmara na par demanda da aalnj Taaga.~Amisei da Jaramlam, aap. xHli. * Pardanm*, Ut at ConlamM da la Mer. 112 TDK WAOBB OF BATTLE. of CMTgOf the matter entered into the proTince of eriminal lmW| and the battle trial might be legitimatelj ordered.* The forma and oeremonies employed in the judicial dud maj fumiah an interesting 8ul»ject of iuTestigation for the admirers of chivalry, but thej teach in their details little oonoeming the habits and modes of thought of the Middle Ages, and are merely interesting to the pure ar- dueologist. Although minute directions hsTc come down to us in the manuals compiled for the guidance of judges of the lists, to enumerate them in their rarying fashions would therefore hardly be worth the space whidi would be required to accomplish the task with any fulness. Suf- fice it to say that the general principle on which the combat was conducted was the absolute assertion by each party of the Justice of his cause, to which end a solemn oath on the Gospels, or on a relic of approved sanctity, was admin- istered to each before the conflict commenced.* Defeat was thus not merely the loss of the suit, but was also a conviction of perjury, to be punished as such; and in criminal cases it was also a conviction of malicious prose^ cutiou on the part of a worsted appellant. Accordingly, we find the vanquished party, whether plaintiff or defend- ant, subjected to i>cnaltics more or less severe, varying with the time and place. Thus, in 819, Louis-le-Ddbounaire decreed tliat, in coses where testimony was evenly balanced, one of the witnesses from each side should bo chosen to fight it out, tlie defeated champion sufToring the usual iicn- alty of perjury — ^the loss of a hand ; while the remaining ' LIttm dd JoeiiM di da Plat, LIr. vii. Til. ir. § 3. * Ao«ordlng to Braefcoo, Uit appalUuii in oriminal omm ftppMri alwayf obliged to ewdur to hit own portonnl knowledge, vi»u ac auditn, of the erime alleged. Thii, however, wee not the ease eliewhere. Among the gloeiaton on the Lombard law, there were warm dbpntes as to the proprietj, .in oertain oaaee, of forelng one of the eonteitantt to commit perjnry. The matter will be fonnd treated at tome length in SaYignyU Qeechiohte d. Rom. Reoht, D. it. p. 159 eqq. PUNISHMENT FOB DBFSAT. 118 witncssoii on the losing side were allowed the privilege of redeeming their forfeited members at the regular legal rate* William the Conqueror imposed a fine of forty sous on the losing side impartially ;* this was increased to sixty sons by the compilation known as the laws of Henry I.;* and the same regulation is stated by Glanville, with the addition that the defeated person was forever disqualified as a witness or champion.* By the Lombard customs, early in the eleventh century, the appellant, if vanquished, had the privilege of redeeming his hand; the defendant, if defeated, lost his hand, and was of course subject in ad- dition to the penalties of the crime of which he was proved guilty.* About the same time, the Beamese legislation emlKxlies a similar principle in a milder form, a fine of sixty-six sous Morlaas being im|)osed impartially on the ' Ca|»i(. Lador. PU mh. 819, eap. z. A fomewhat tlmilur proTMon oo- •«rf in the L. Bnrgnad. Tit sir. and lx». * L. Qoiltelml ConqOMi. in. xil. (Thorpe I. 493) ** St quit eonim Tiotnt faerU emeadet regt XL. 8olidot."—A preTious law, however, had aw— itd a Nonaaa appeHant lizij toat when defeated (Ibid. ii. 11.). ' Qal bcllnm radlaTorit, et per Jndloiam defeoerit, LX. eol. emendet. — L. nenrlet I. eap. Hz. f 16. * Piaito autem duello, poeaa lezagiata eolidoram imaiiaebit Tieto, nomine reereantif. Bt pnaterea lesem terr» amittet. — Glanril. do Leg. Angl. Lib. II. eap. lit. Tlwt defeat In the eombat waa regarded aa maeh more damaging than the ■Imple Ion of a laitli shown bjiome proTlsioni in the eattom of Normandy, hj whieh a Tanqnlthed eombatant waa elasaed with perjnrers, falae witaemee, and other lafamoaa peraoaa, aa ineapabie theneeforth of gtring teatlmonj In eoart (Cod. Leg. Nermann. P. I. cap. IzIt.— Ladewlg Reliq. 1168. T. VII. p. 370), or of aerTing on a Jnry (Ano. Contnme do Normandle — Bovrdotde Riehebonrg, T. IV. p. S9), **Ne dolbTent eetre reoenal la Jar^e, IM eeali qni aont reprlna do parjare, on de porter fanlz teamoing, on Tainen •n ehamp de batatlle, oa eeolz qal aont Infamea.*' Thia elauae, howoTor, doee not oeear ia the oorreapoading paaaage of the anotent Latin Teralon abOTo ailaded to. (Ludewig, T. VII. p. 283.) ' Ponia Toro ntrlaqne immlnet Appellator! Tero, al rletua faerit, at maanm perdat aat redtmat Appellato at bannam aolrat, maanm perdat, et bomleidiam aeeandam legem emendat. — Formnl. Vetaa In L. Longobard. (Ooorglaeh, p 1376.) 10* 114 THK WAGKE OF BATTLE. loong party.* Is prociess <^ time, this sjstcM was abmii- d<Mied in some couiitries. Tbe Englisli Uw of the thir- teenth cent my, mdmitt^d the justice of the Ux ialiomis in principle, hot did not pot it in practice, m TUKioished a|^>eUant in ca|Mtjl cases being merely imprisoned as a ealomniator, while the deit^dant, if defeated, was ezecnted, and his property ecmfiscated.* Tlie same distinction is to be foond in the contemporary cnstom ai Normandy.* The application of the lex talionis to the man who brooght a lalse diarge, thus adjudging to him the penalty which was incurred by the defendant if eonricted, was widdy current during the Middle Ages. This principle is to be found enunciated in the broadest and most decided manner in the ecclesiastical law,* and it was naturally brought into play in regulating the fate of those engaged in the wager of battle. Thus Guillaume4e-Breton states that when PhUip Augustus, in 1203, wrested Normsndy ftom the feeble grasp of John Lackland, one of the few changes which he ventured to introduce in the local laws of the duchy was to substitute this rule of confiscation, mutilation, or death, according to the dcgnsc of criminality involved in the accusation, for the comiMurativdy liglit |iccuniary mulct and loss of legal status previously incurred by a worsted appellant.* The same system is followed through- ' Vor d'Oionm, Art 21. * 8i ftsUm »|ip«llaai lietm futrlt, gmoto eommiUatar tMiq«mm ealamiii- ftior ymnlBndvMt mJ om vitan ftmilUi neo menbiiim, lioei Meandom tegn ad talloDii toaenitar (ItraaUNi, Lib. in. Tnei. ii. eap. 18 § 6). la aaolbor pMM(«, Braaion glT«s a rMion for Uiia oleaaaoj — *' Si asUm Tieioa fit in •anpo . . . qoamrb ad gaolam mitUudiu sii, tamen sii ei aliqoaado sraiia da niaarioordla, qnia pngnat pro paae." (Ibid. cap. 31 § 7.) * itah. da Normaadid, Tit '* Do prandro fame b foieo*' (Maraior). * Qfli oalnmBiaiB illatam non probat, panam doboi Isoarrero qvam d pro- baMotraaf aiiqvo •■atiaoroi. — Can. Qni oalumniam Cam. r. q. ▼!. (Doorail P. II.) ' ... ad poanaa tiifai »qaa«, Viaiiu Bi ■ppollaos tlfo ■ppollaioi, oadam PUNISnMSNT TOB DSTBAT. 116 out the legislation of St. Lonis, whether the pnnishment be light or capital, of an equal responsibility oH both imrtics.* It proTailed throughout the Prankish kingdoms of the East, where, in an appeal of murder, whichever party was defeated was hanged in his spurs ;* and it finally esta- blished itself in England, where, in the fourteenth century, we find it positively declared as an imperative regulation by Tliomas, Duke of Gloucester, in an elaborate treatise on the rules of single combat printed by Spelman.* In Germany, however, the custom was not uniform. In one text of the Swabian code, the principle is laid down that a defeated appellant escaped with a fine to the Judge and to his adversary, while the defendant if vanquished was visited with the punishment due to his crime ^ while ano- ther text directs that whichever party be defeated should lose a hand,* or be executed, according to the gravity of L«g« ligaretar nvtlUri ant perdare Titam. Moria aniaii •lUlerIi apnd llloa haeteniu, vt it Appallasf Tietaa in canaa saagiilnb aaaal, 8«z folldot daeiea evm nnanmo toWart t voo Bi tie trnpnnia, amifta lege, manarat : Qaod ft appallatam Ttvel eoniigarai, omnt Ba prlTaratnr ai tarpi norta pariret. Qallllatmi Brtio. Philippldoa Lib. nil. It win ba obaarrad thai tba praSSzitiiog Norman enatom hara daaoribad la praelaaly ibat Indlealad abova hj QlaarlHa. ■ S. g. itoblliiamanU Lib. i. aap. 27 and 91.— "Ctt qui aaroit ralnev^ aarolipandna** (aap. 8S). In capital oataa, whan chaapiont wara anpioyad, tba principalf wara bald in priaon with tha oord aronnd tbam with which Iha dafaatad party waa to ba liangad. If ona waa a wonan, for tha cord vaa tabatitntad tba apada wharewith aha waa to ba boriad aliva. (Baanaui- Boir, chap. Iziv. f 10.) Tbaae cnatoms wara not calcviatad to anconraga dnaliing. * Aviaaa da Jamaalcm, cap. 817. ' Bacta idea at nqnitaa at Jna armomm Tolnnt nt appallaaa aandam Incnr- tmi poenaa qnani dafandana, ai ia Tiatoa Aiarit at anbactaa. — Fomnla Dnalli, np«d Bpalman. Qloaaar. a. v. Campus, * Jar. ProTin. Aiamann. cap. occixxzTi. f 1 10, SO (Ed. Scbiltar.). ' Qnlqna anecnnibit at nanna ampntatnr. — Ibid, cap. clXTill. f 30 (Bd. Bonckcnbarg). 116 THB WAQBR OF BATTLE. the crime alleged.* An exceptional cose, moreover, woa provided for, in which both antagonists might suffer the penalty; thus, when a convicted thief accused a receiver of stolen goods of having suggested the crime, the latter was bound to defend himself by the duel, and if defeated, both combatants were hanged with the strictest impartiality." In the Yeroneso code of 1228, a distinction was established between the prosecutor and the accused, as a defeated appellant was punishable at the pleasure of the magistrate.* It was customary to require the parties to give security for their due appearance at the appointed time, various fines and punishments being inflicted on defaulters. By the old Qerman law, the defendant under such circum- stances was held guilty of the crime charged upon him ; and both defendant and appellant were declared infamous. According to some MSS., indeed, all the possessions of a defaulter were forfeited, either to his heirs, or to his feudal superior.^ Among the B&imese, on the contrary, the forfeiture for a default was only sixteen sous Morlaas.* The Scandinavians punished it popularly by erecting a "nithstong"— peWtca execrationis — a post inscribed with definmatory runes, and so flagrant was this insult con- sidered, that finally it was prohibited by law under pain of exile.* The bail, of course, was liable for all legal penalties incurred by a defaulter, and occasionally, indeed, would seem to be made to share the fate of the principal, who appeared and was defeated. Thus, in a miracle play * Jar. ProTlo. Alftmiinii. eap. elzzii. § 18 (Bd. 8«iiokonb«rg). * Ibid. OAp. oeziz. f • (Bd. Sehiltor.). * Bl il aetor Miilierat pugnuo, Ipi nm m«o arbiirlo panUm ~L. Manielp. Vsron. o«p. 78. * Jar. Prorin. Alamann. cap. ooolxxxvl. f 31 (Bd. BohllUr.). — Cap. elxxlU. ft 7, 8. (Bd. Beoekeob.). * Vor d« MorloM, Robr. it. art. ft. * Sehlegal Commeot. ad QrigU § St.— Ortfgii SmL Tin. oap. 106. A fiuioifiil etjBologlii miichi lrM« to ibia oostom tba modern pbrai* of *' poii- Ing a ooward." OnOIOS Of WXAPONS. lit of the fourteenth century, a stranger knight at the conrt of rarifl, coni|>cllccl to flght in defence of the honor of the kiiig'8 (laughter, is nnable to find security. The queen and princess offer themselves as hostages and are accepted, but tlie king warns them — Dame, par Dien le roy eelMtre I Bien toub recevray pour hostage ; Mail de iant toub fas-Je bien sage, 8e le desans en pent avoir Ardr6, Je roas feray ardoir Bi meitre en oendre.* An regards the choice of weapons, much curious anecdoU^ couhl be gathered from the pages of BrantCme and others learned in punctilio, witliout throwing additional light upon medinsval customs. It may be briefly observed, however, that when clinmpions were emplo3'ed on both sides, the law ap|)ears generally to have restricted them to the club and buckler, and to have prescribed perfect equality between the combatants.* An ordonnance of Philip Augustus, in 1215, directs that the club shall not exceed three feet in length." When the principals ap|)eared personally, it would seem that in early times the apixillant had the choice of wea- ])ons, which not onlygaA'c him an enormous advantage, but enabled him to indulge any whims which his taste or fancy miglit suggest, as in the case of a Qascou knight in the ' ITn Minele do Notre-Daiiid d'Ainb di d'AmUle (Monmdrqn^ •% Mt«hel« TMal. Franca Is an Mojsn-Age, p. S38). Another pMiagt In the enne play •ignalitei the equality ef pnnlflhnieni tof appellant and defendant In oaae of defeat : — —Mais qnant U mtobI Bb ebaoip, Jamali n'ee y«t«roBt Beat •ombatre, tolef-ea is, Taat qne TiiB sn soil deaeonit ; Bt oelol qal Talaeu sera, Je Toot proBiet, peado eera ; R'ea doobte niili. * A ^. Conetit Sienlar. Lib. it. Tit. zxitII. f 1. * Lanritet; Table des Ordonn. p. 10. 118 THB WAQBR OF BATTLE. thirteenth century, who stipnUited that each combatant should be crowned with a wreath of roses. As every detail of equipment was thus subject to the caprice of the chal- lenger, those who were wealthy sometimes forced their poorer adversaries to lavish immense sums on horses and armor.* Where, however, the spirit of legislation became hostile to the wager of battle, this advantage was taken from the appellant. Frederic II. appears to have been the first to promulgate this rational idea, and, in decreeing that in fhture the choice of arms shall rest with the defendant, he stigmatizes the previous custom as utterly iniquitous and unreasonable." In this, as in so many other matters, he was in advance of his age, and the general rule was that neither antagonist should have any advantage over the other— except the fearful inequality, to which allusion has already been made, when a roturicr dared to challenge a gentleman.' According to Upton, in the fifteenth century, the Judges were bound to see that the arms were equal, but he admits that on many points tiiere was no settled or defi- nite rule.* In Russia, each combatant fullowcil liis own pleasure; and a traveller in the sixteenth century relates that the Muscovites wore in the habit of enibarraHsiiig tlieiu- selves with defensive armor to an extent which rendered them almost helpless, so that in combats with Poles, Lithuanians, and Germans they were habitually worsted, until Judicial duels between natives and foreigners were at length prohibited on this account.' Alhisions have occurred above to a peculiarity of these combats — ^the employment of champions — ^which received an application sufficiently extended to deserve some special * IUtuo Historiqiie de Droit, 1861, p. 514. * Ooniili. Sioular. Lib. ii. Tit. zzzvii. \ 4.— Coniastadinom praTam et a iramitf railonii oojoslibel Alienam. . ■ Tbit, bowdTdr, wm not p«rmiU«d bj Fraderio. (nbi inp.) * De Mllitari Offioio Lib. ii. p«p. Yiii. . • Du Bojt, op. eit. I. 611. XBIPLOTMBNT OF 0HAMPI0N8 119 notice. It hiw been seen tliat tl^o unable to wield the Bword or clnb were not therefore exempted from the duel, and oven the scantiest measure of Justice would require tliat they should have the right to delegate their vindication to some more potential vehicle of the Divine decision. This would seem originally to have been the ofnce of some member of the family, as in the cognate proccflure of sacramental purgation. Among the Alamanni, for instance, a woman when accused could be defended by a kinsman *' cum tracta spata ;"' the same rule is prescribed by the Lombard law,* and by that of the Angli and Werini ;■ while the far pervading principle of family unity renders the presumption fair that it prevailed throughout the other races in whose codes it is not sixicincally indicated, llo- strictcd to cases of disability, the use of champions was a necessity to the battle ordeal, but at a very early period the practice received a remarkable extension, which was directly in conflict with the original principles of the Judi- cial duel, in permitting able-bodied antagonists to put for- ward substitutes who fought the battle for their principals. With regard to this there appears to have been a consider- able diversity of practice among the races of primitive barbarians. The laws of the Franks, of the Alamanni, and of the Saxons make no allusion to such a privilege, and apparently exi^ct the principal to defend his rights himself, and 3*ct an instance occurs in 500, where, in a duel fought l>y onler of Uontran, the defendant was allowed to intrust his cause to his nephew, though as he was accused of kyiing a stag in the king's forest, ph3'sical infirmity could hardly have 1)een pleaded.* Frojf^ some expressions made use of ' L. AlMiianii. Add. eap. zxi. * L. Longobard. Lib. i. Tii. HI. § 6, and Lib. ii. Tit. Ir. f 12. * L. AagUor. ei Werinor. Tii. xit. * Off«g. Tnron. Ulsi. Lib. x. eap. z. In Ihie earn, bolb eombatenU par* Miad, whas ihc acenfMi was prompUj pnl to death, ahowing that each a rmali was ragarded af proring tha truth of the oflenea aU^gad. 120 TUB WAGBR OF BATTLE. by St. Agobard, in bis^nslaught on the ordeal of battle, we may fairly presui^ tliat under Lotiis-le-Ddl>onuaire tlie employment of champions, in the Burguudian law, was, if not forbidden, at least unusual as respects the de- fendant, even in cases where age or debility unfitted him for the combat, while it was allowed to the api^ellant^ On the other hand, the Baioarian law, which favored the duel more than any of the other cognate codes, alludes to the employment of champions in every reference to it, and with the Lombards the judicial combat and the champion seem to have been likewise convertible terms." There is in this something so repugnant to the fierce and self-relying spirit in which the wager of battle found its origin, and the use of a professional gladiator is so inconsistent with the pious reference to the judgment of God, which formed the only excuse for the whole system, that some external reason is required to account for its introduction. This reason is probably to be found in the liberty allowed of challcnghig witnesses, to which allusion has already been made. The pre- valence of this throughout Western Euroixi readily enabled pai*ties, unwilling themselves to encounter the risks of a mortal struggle, to put forward some truculent bravo who swore point-blank, and whose evidence would require him to be forced out of court at the sword's point. That this, indeed, was frequently done is proved at a subsequent period by a remark of Bracton, who states that a witness suspected of being a hired gladiator was not allowed to proceed to the combat, but was tried for the attempt by a jury, and if con- victAl was punished by the loss of a foot and hand.* * nornm •nim e»iua oooldlt ai bob a<lfbm Talontoi riribiu, ted etlam in- flrmi at Moee UeMMtniar ad oerlamen ei pagnam ailaia pro T&linimia reboa. (Lib. ady. L«g«m Qondobadi oap. vU.) MItU unam do iuia, qvi oongrc- dlaiur mecam singulari oertamine, ui probal me ream iibi ene, si oooiderik. (Lib. contra Jodioium Dei oap. i.) * Lioeai ei per oampionem, id eti per pugnam, orimen ipaum de f oper m fi poinerit ejioere.— L. Longobard. Lib. i. Tii. i. \ 8. ' Intrat quandoque in dereoiiunem ei warraninm aUqais maliiioae et per WITNE88B8 AS OnAMPIONS. 121 Although the chstom of hiring champions existed from a Tcry early period, since the Frisian laws give the Aillest liccngc for employing and paying them,* still their identity with witnesses cannot be readily proved from the simple records of those primitive times. It becomes very evident, however, in the more detailed regulations of the twelfth and thirteenth centuries. In England, for instance, until the first statute of Westminster, issued by Edward I., in 12)5, the hired champion of the defendant in a suit con- cerning real estate was obliged to assume the position of a witness, by swearing that he had been i)ersonally present and had seen seizin given of the land, or that his father when djing had enjoined him by his filial duty to maintain the defendant's title as though he had been present.* This curious legal fiction was common also to tlie Norman Juris- prudence of the i)eriod, where in such cases the champion of the plaintiff was obliged to swear that he had heard and seen the matters alleged in support of the claim, while the oppofling champion swore that tliey were false.' In a simi- lar spirit, an earlier code of Normandy prescribes that champions shall be taken to see the lands and buildings in dispute, before receiving the oath of battle, in the same manner as a jury of view.* A more distant indication of the same origin is observable in the Neapolitan regulation wliich directed that the champion sliould swear on the field of liattle as to his iHsHcfin the Justice of the quarrel which lio was about to defend.* fraadem 1 1 firo mereeilo, iileai eunpio ti eondaetltlaii, qaod qnldem ti ftedrii e&rmm Jiwtilliirib deUoiam, non prooedntnr ad daennn, led per imtriain in- i|«lrfilar ▼•HtM »i mereodein Mocperli Tel non ; ot el eonetiUrit quod fio, pedeni ftniiUt •! pnipinm.— Lib. iii. Tract, ii. eap. SS § 7. • I«ieei anieQiqao pro m oampionen m«ro«dd oonduoere, el •am inronlro poloerlt.— L. Frinlon. Tit. xit. eap. It. • GlaiiTil. de Ug. Angl. Lib. it. eap. iii. • Cod. Leg. Norman. P. it. eap. liir. (Lndewig Rellq. 1188. VII. 416.) • KUb. de Normandie, p. 31 (Marnier). • CoofUt. BIcalar. Lib. ii. Tit. zzxvii. | 2. 11 122 THE wAQsa or battle. Looking on the profession of a champion in this light, as tliat of a false witness, we can understand the heavy penalties to which he was subjected in case of defeat, a severity which would otherwise api^ear to be a purposeless expression of the savage barbarity of the times. Thus in the Norman coutumier above referred to, in civil suits as to disputed landed possessions, the champion swearing to the truth of his principal's claim was, if defeated, visited with a heavy fine and was declared infamous, being thence- forth incapable of appearing in court either as plaintiff or as witness, while the ^lenalty of the principal was merely the loss of the property in dispute.* In criminal cases, Arom a very early period, while the principal perhaps escaped with fine or imprisonment, the hired rufllau was hanged, or at best lost a hand or foot, the immemorial punishment for perjury.* In later times, when the origin of the champion's office had been lost sight of, and he was everywhere recognized as simply a bravo who sold his skill and courage to the highest bidder, a more practical reason was found for maintaining this severity — ^tlie more neces- sary, because the principal was bound by law to pa3' his champion, even when defeated, the full sum agreed upon as the price of his services in both swearing and fighting.* Beaumanoir thus defends it on the ground of the liability of champions to be bought over by the adverse paity, and he therefore commends the gentle stimulus of prosi)ective mutilation as necessary to prevent them fvoia betraying ' Ood. Leg. Norman. P. ii. oap. Ixir. f 18 (Lndtwig, YIL 417). * Bfc eampioni qui vtotiu faerit, propter perjuriam qaod ante pugnam eom- misii, dexira maDiu ampnUtar. — (Oaplt. Ludor. PU ann. 810 \ z.) — Vioiui Yero in dueUo oontnm lolldos at oboinu rcddere UneUtnr. Pogil Yoro oon- dnoiUiue, li Yloiui Aierlt, pngno Yel pedo privabifcar. — (Charia ann. 1203 — Dn Cange). — Also Beaumanoir, Ooni. da BoanY., cap. Izvii. f 10 (Du Oange feemf to me to haYe misinterpreted this passage).— See also Montell's ad- mirable <*ni8toire des Franyais dos Divert £UU," XVe Sidele, Hist. xiii. • Cod. Leg. Norman. P. ii. oap. IxiY. f 19 (Ludewig, VII. 417). PBOFBBBIONAL 0HAMPI0N8. 123 their cmploycre.* * In the Rnme npirit, the Emperor Frederic II. prohibited champions from bnrgnining with each other not to use teeth and hands. Ho commanded them to inflict all the injury iiossiblo on their adversaries, and decreed that they should, in case of defeat, share the punishment incurred by the principal, if the Judge of the combat should consider that through cowardice or treachery they had not conducted the duel with proper energy and iKjrscverance.' With such risks to be cncountere<1, it is no wonder that the trade of the champion offered few attractions to honest men, who could keep body and soul together in any other way. In primitive times, the solidarity of the family no doubt caused the champion in most cases to be drawn from among the kindred ; at a later period ho might generally lie procured from among the frccdmon or clients of the principal, and an expression in the Lombard law justifies the assumption that this was habitual, among that race at least." In the palmy days of chivalry, it was perhaps not uncommon for the generous knight to throw himself boldly into the lists in defence of persecuted and friendless inno- cence, as he was bound to do by the tenor of his oath of knighthood.* A vast class of pleaders however would neces- sarily Ixs destitute of these resources to avoid the personal appearance in the arena for which they might bo unfitted or disinclined, and thus there gradually arose the regular * Bl n eanpiont Taineni a !• poing oop4 ; ear m b'mUU por !• mehalng q«*n •mporte, amanp, par barat, m porroii fkindr« par loUr •! m elamaroli ▼aiMVf , par qaol mi metUoi oraportoroU le damsM •% le Tiloiiia, mi eU am* porUroU Targent ; •! por «e •§% boni 11 Jogemenf da mahaing. — (Goal, da BaavT. eap. Ixi. f 14.)— A eharUr of 1S7S thowi thai tba aaaiUatlon of da- faated ahanploni wai praoiiMd eTen ai thai lata daU.— (lauabari, V. 387.) * CoBftit. Sievlar. Lib. it. Tit ziivii. f S. ' Bl patl Ulam inqnliHioneili, Iradal mannm IpM eamphio In maaa pa- realla avi aonllbaril tnl anta Jadleem. — L. Longobard. Lib. ti. Til. !▼. f II. ' That Um oath adminifUrod by Iba papal legaU to Willlaa of HoUaMl. oa hii raeetvlBS knighthood preTlouf to hia eoronatlon m King of Iha Bo« aiaBtlnlS47, eontaini tha elanta *'pro Hbaratlone «i^ailibat iBBoeanlla daallam iBira.**-.aoldMl. ConsUi. Inp. T. III. p. 400. 124 TDB WAOBE Of BATTLB. profession of the psid gladiator. Reckless desperadoes, skilled at qnartcr-stalf, or those whose familiarity with sword and dagger, gained by a life spent in ceaseless brawls, gSTe them confidence in their own ability, might undertake It as an occupation which exposed them to little risk be- yond what they habitually incurred, and of such was the profession generally composed. This evil must have made itself apparent early, for we find Charlemagne endeavoring to oppose it by decreeing that no robber should be allowed to appear in the lists as a champion ;* and the order needed ^ be frequently repeated. It is therefore easy to understand, when the Boman law commenced to exercise its powerful influence in moulding the feudal customs into a regular body of procedure, and admiring Jurists lost no opportunity of making use of the newly discovered treasures of legal lore, whether applicable or not, that the contempt and the civil disabilities lavished by the Imi)erial Jurisprudence on the gladiator of antiquity should bo transferred to the mcdinsval champion : although the latter by the theory of the law stood forth to deluud the innocent, while the former ignobly cx(K>scd his II Ic fur the gratification of an iuibruted iK>pulace.* liy the tliir- teenth century, therefore, the occupation of champion had become infamous. Its professors were classed with the vilest criminals, and with the unhappy females who exposed their charms for sale, as the champion did his skill and ' Ui nemo fkir«m oampblam d« manoipUa aiii de quaUb^i eaiiM reelpera prflwiimal, ftent M»piai dominiif imperator oommendaTii.— Caplt. Carol. Mag. ex L. Longobard. cap. xxxr, (BaloM.) * Thif oiirioiii legaoy ofibamo Is olaarly iraoaable in Plerra de FoBtalnet. To bo a gladiator or an aotor wai, by tbo Roman law, a oompatent eaoto for difllnboriianeo (Novol. oxv. eap. Hi. f 10), moro ftolly lol fortb In Cod. Lib. III. Tii. zzTli. 1. 11, do aronariif. Thif latUr if iraniUUd bodily by doFontainoi (Oonfoil, ehap. znlii. Tii. 82), iho *'aronarini" of iho Roman booomlng tbo *'ohamploBi'* of tbo Fronobman. So, obap: zt. Tit. 87 of tbo CoBfloil if a tranflaUon of Dig. Lib. it. Tit. IL I. 83 f S, in wbiob tbo •• atb- lota'' of tbo original if transformod into a "obanplon.** BBQBABATION OV OHAMPIONB. 125 courage* They were held incapable of appearing as wit- ncsRcs, and the extraordinary anomaly was exhibited of seeking to learn the truth in affairs of the highest moment by a solemn appeal to Qod| through the instrumentality of those who were already considered as convicts of the worst kind, or who, by the very act, were branded with infamy if sncccssftil in Justifying innocence, and if defeated were mutilated or hanged.* By the codes in force throughout Gcnnau}*' in the thirteenth and fourteenth centuries, they were not only deprived of all legal privileges, such as suo- coeding to property, liearing witness, Ac, but even their children were visited with the same disabilities." The utter contempt in which they were held was moreover quaintly RymlM>]lzcd in the same code by the provisions of a tariff of damages to be assessed for blows and other per- sonal injuries. A graduated list of flnos is given for such insults offered to nobles, morcliauts, peasants, Ac., in com- |)onsation of their wounded honor ; below the serf come the mountelmnk and Juggler, who could only cuff the assail- ant's shadow projected on a wall ; and last of all are rated the champion and his children, whose only redress was a glance of sunshine cast upon them by the offender from a polished shield. Deemed by law incapable of receiving an insult, the satisfaction awarded was as illusory as the ' Perevilat tl qvii bomioem influnen, boo oil laforom toI imgUom, aqI mvliorom pablioAm, *e.— Wiobbild Mngdebarg. Art. ISO (Da Caogo). •« Pin- •lovrs Imtom, niTiiMars do ftaamft, TloUoars d*^glifot, baitoan k loyor,** oto. — Ordonn. do Cborlot VII. uiii. 1447, olio Anoiomiot Ooniomof do Dro- Ugno. (Mnnloil, nbl fvp.) * Joboa do Doaamont dii qao ebanpionn loloi, proT6 do tol oboto, no pvoi bomo apoUor I gai^o do bataiUo an nnl qoaii, f I n*«i«i por ohanpion loloi pnr oa doSaufo ; oar la poino do fa manTaloo tIo lo doit biea on eo panlr. — LIttoo do Jooiioo oi do Plot, LIt. xix. Tii. II. f 4. * Canpionoii ei ooram llbort (Ita naU) oi omnoi qal IllogiUno nail rani, oi omnoo qnl fnril aai ploni lairoolnlt nomino lailpfoeoro, ant faiilgailonom raatinnero, bt omnoa Jarl« bonoAoiio earoni.— Jnr. ProTln. Alamann. eap. iiitI. \ S. (Rd. SohlUor.) 11* 186 THB. WAQBR Of BATTLE. honor to bo repaired.* That this poetical Jastico was long in vogue is proved by the' commentary upon it in the liicli- stich Landrechti of which the date is shown to be not earlier than the close of the fourteenth century by an allu- sion in the same chapter to accidental deaths arising from the use of firearms.* The Italians, however, took a more sensible and practical view of the matter. Accepting as a necessity the existence of champions as a class, they were disposed rather to ele- vate than degrade the profession. In the Veronese code of 1228, they appear as an established institution, consist- ing of individuals selected and appointed by the magis- trates, who did not allow them to receive more than one hundred sous for the ix^rformanoe of their oflice." It is evident that the evils attendant upon the employ- ment of champions were generally recognized, and it is not singular that efforts were occasionally made to abrogate or limit the practice. Otho II., whose laws did so much to give respectability to the duel, dcci'ccd that champions should be permitted only to counts, ecclesiastics, women, boys, old men, and cripples.* That this rule was strictly enforced in some places we may infer from the pleadings of a case occurring in 1010 before the Bishop of Arctiuo, concerning a disputed property, wherein a crippled right hand is alleged as the reason for allowing a champion to ' Oanpionlbof ei •oram lib«rifl em«Ddn loeo daiur falgar ez oljrpeo Dilido, qai loli ubreriiior, oriuia ; boo U qui ela tftiUfiiciloneu debet loeo ewendtu priDiiare teneiur. — (Ibid. OAp. ocoy. ^ 16.— Jar. Provin. Saxon. Lib. iii. art. zIt.) la ibe French Tonlon of ibe Speoalum SoeTteom, theie emblemftiie meftiaret of damege are followed by ibe remark '* oeeiee emaadea faroni eslrabllei an laTieillie loyper lei royt,'* (P. ii. e. Ixzzvl.) whieh would appear to ibow that they were diauied in the territoriei for which the tram- lation WM mede. " Riobetiob Landreoht^ Lib. ii. cap. zzr. This glrei additional point to the ininlt by preccrlblng the oee of a duelling abield for the reflection of the ■nnbeam. * L. Mnnioip. Veron. cap. 126, 12«. * L. liongubard. Lib. ii. Tit. Ir. H S8, 40. BB8TB10TI0N8 ON USB OF OnAMPIOHB. 18t one of the parties.* In other parts of Italy, however, the regulation must have been speedily disregarded, for about the same time Ilenry II. found it necessary to promulgate a law forbiddin^f^he employment of substitutes to able- iHMlicd defendants in eases of parricide or of aggp*avated murder ;■ and when, two hundnnl years later, Frederic IL almost al)oliRhed the Judicial combat in his Neapolitan dominions, we may fairly presume from one of his remarks that champions were almost universally employed.* In- deed, he made provision for supplying them at the public cxiYonse to widows, orphans, and paupers who might bo unable to secure for themselves such assistance.* In Ger- many, early in the eleventh century, it would seem that champions were a matter of course, from the expressions made use of in describing the execution of a number of roblicrs convicted in this manner at Merseburg in lOlt.* At a later period, it seems probable, from a comparison of two chapters of the Swablan laws, that efforts were made to prevent the hiring of professional gladiators,* but that they were attended with little success may be inferred from the disabilities which, as we have already seen, were so copiously showered on the class by the same laws. The English law manifests considei'ablq variation at dlf- fcront pcrio<ls with respect to this point. *In 1160, Henry II. strictly prohibited the wager of battle with hire«b cham- pions in his Norman territories,^ and we learn from Glanvillo * Manilori, Aiitk|. lUI. Dimri. 39. * L. Uiis«bard. Lib. i. Tit ii. f 37 ; Tit. x. f 4. * VIx •nim Mi BQiiqauD duo pagUei inTtalri poUniiii tie aqaalef , •U. — CimHit 6leolar. Lib. ii. Tli. zzzlli. * Ibid. Lib. I. Tii. «xiil. * Ibi Une main lairouM a glftdiatorlbaf ilogiiUrl eertamine dcTiell, rat- pMidio pOTierant — Dilbmarl. Cbron. Lib. Tti. * Jar. ProTin. AlMaanv. oap. xutI. 4 't «*P- 1<* 4 !• * Hnllni •oinm dnellnm faelai contra aliqacm qni tMtl6oiitaf fit pvgll eoiidaetitlofl p«r Mcraaientam dMen legallam eivlam. — Conell EmIm. Boto> mag. p. 12S <n« Ciingr). 128 THB WAQBU OF BATTLE. that a champion stispcctod of scrviug for money might 'lio objected to by the opposite paity, whcuco arose a secondary combat to determine his fitness for the primary one.* It is evident from this that mercenary chamt>ions were not re- cognized as legal in England, a principle likewise deducible fVom an expression of Bracton's in the succeeding century." Yet eyentuallyi in civil cases, both parties were compelled by law to employ champions, which presupposes, as a matter of eourse, that, in a great majority of instances, the substi- tutes must have been hired." In criminal cases, however, the rule was reversed, and when the appellant, Arom sex or other disability, or the defendant from age, was unable to undergo the combat personally, it was forbidden, and the case was decided by a Jury.« By the Scottish law of the twelfth century, it is evident that champions were not allowed in any case, since those disabled by age or wounds were fbrced to undergo the ordeal in order to escaix) the duel." This strictness became relaxed in time, though the practice seems never to have received much eucourugeuicnt. By (I law of David II., aliout the year 1350, it apiiears that a noble had the privilege of putting forward a substitute; but if a peasant challenged a noble, he was obliged to api>ear personally, unless his lord undertook the quarrel for him and presented the champion as from himselil' > Be Leg. Anglin Lib. ii. eap. iii. * lU ponei quilibet in tali faeio •liom appeUare per eampionem eondno- iiYBm, qnod non est msUnenduu. — Braoton. Lib. iii. Treok. ii. cap. 18 f 4. * Lord Bldon, in bis ipeeeb adTocatIng tbo aboUiion of trial by battle in 1819, stated, "In tbese the parties were not suffered to Sgbt in propria pmraona — tbey were compelled to eonflde their interests to champions, on the principle that if one of the parties were sis in, the suit would abate. "^ Campbell's Lives of Uie Cbanoellors, VII. 379. « Bracton, Lib. in. Tract II. cap. 31, H H, 13.— Ibid. cap. 24. * Regiom MaJesUUm Lib. it. cap. iii. * SUtut. David II. cap. zztIU. By the burgher laws of Sootland, a men who was Incapacitated by reason of age from appearing In the fleld, was allowed to defend himself with twelre conjurators. — L. Burgor. cap. zxiv. BBBTBIOTIONB ON VBM OF OHAMPIONB. 189 The tendency exhibited by the English law in distin- guishing between civil and criminal cases is manifested elsewhere. Thus in France and the Prankish kingdoms of the East, there were limitations placed on the employ- ment of champions in prosecutions for crime,* while in civil actions there appear to hare been, at least in France, no restrictions whatever.* The hiring of champions, more- over, was legally recognized as a necessity attendant upon the privilege.* High rank, or a marked difference botwten the station of parties to an action, was also admitted as Justifying the suix^rior in putting forward a champion in ' his plac4».* liocal variations, however, are observable in the customs regulating tliese matters. Thus the municipal laws of lllicinis, in the fourteenth century, not only restrict the admission of champions in criminal matters to cases in which age or physical disability may incapacitate the principals from personally taking part in the combat, but also require the accused to swear that the impediment has supervened since the commission of the alleged offence, thus in Ihct assuming his guilt ; and oven this was of no ' A«itM d« J«r«iftleai| oap. 146, 146. — Deaamuioir, oap. Izl. \ 6 ; wp, IzUi. 4 4. * BMamAooIr eap. Izl. f 14. — ^The diailnoiioii between oMl and erimtnal preeilee if Tery oleArly drawn by Pierre de FonUinei, wbo nUlee that In appeal of Jadgment tbe eppelleni In orlraloftl oMet is bound to f bow »tif- fcetory eaate for employing a ehamplon, wblle In oWll affaire the right to do M requires no argvment. — '*Qnaot anevnsfbafe Jagement, par Inl et par •on aTo4c, eome bom qal a essolne, mostrer dolt son essolne, so I'en 11 ro- qniert, palaqae 11 flHuemcni est Ihii en point qvMl I penst tIo perdre ; mis so ▼lo n*i eortt il n*esl mle tenni de mostrer essoins { ear toi saaiossoino pevt- n metre aTo4 Ik oft Tie no gist oa menbres."— Conseil, ehapHZXii. TIL xlU. ' II est nsege qne so aaean denende la eort de batallle qal est Jnege par ehamplons lo4es, H la tendra le Jor malmes, et si ele est par le eors des qne- reKors 11 metra Jor arenant k la tenir aatre qne oelnl.— Contumes d'A^Jon, XIII.* Sl^le, 4 74. * Karbante persons dolt blen metre por loi, k deffendre sol, home, boneste persone, se Tan Tapele, on s*U apele a^tre. — Livres de Jostioe et de Plot, LIt. II. Tit. XTilL 180 . TUB WAQBR OF BATTLE. avail if the prosecutor had included in his apiieal of battle an assertion that such disability had existed at the time specified.* Witnesses obliged to support their testimony by the duel were not only subject to the same restrictions, but in substituting a hired gladiator were obliged to swear that | they had vainly sought among their fi'iends for some one | to voluntarily assume the office.* The whole tenor of these provisions, indeed, manifests a decided intention to surround the^ employment of champions with every practicable imi)e- diment. In Bdarn, again, the appellant in cases of treason bad a right to decide whether the defendant should be allowed to put forward a substitute, and from the expres- sions in the text it may be inferi*ed that in the selection of champions there was an endeavor to secure equality of age, size, and strength." This equalization of chances was thoroughly carried out in the Yeronese code of 1328, whei'C, as has been seen, the champions wero a recoguizcd boily, regulated and controlled by tiie state. The magistrate was bound to choose gladiators of equal prowess, aud the choice lietween them was then given to the defouduiit: an arrangement which rendei*ed the mutilation iutlicted on the vanquished combatant only Justifiable on the score of suspected treachery.* lly the Spanish law of the thirteenth century, the employment of champions was so restricted as to show an evident desire on the part of the legislator to ' Nm poUiialUr •onim Oftmploii«m poncM, nlal propter tiatam, ▼•! oor- porifl inOrmiUtem ; noo andUur reuf de morbo Uiiipor« quo dioUiir oHuien oommUiiM; quod il Yolltjarart iinpodinneDiuin post illud tempufl fO|rareuiu venlwe, audleiur, niii aoior Id vodio bolli addiderU, Milioet quod oum Udl morbo orluien oommiferit — Lib. Praot. do Coniiuot. Bemenf. f 40. (ArobiYoi li^bl. do Uoiui, rt. 1. p. 40.) * Btiam antequam oampionem pottit qvlf ponero, Jararo debet quod bona flde aanlooi luog requUivIt quod pro ipeo bellum faoeroni. — Ibid. ^ 14, p. S7. * For de Morleaf , Rubr. liii. art. 188. * Omnoi eamphioDoi . . . per me rel per Judloei eommuDis Verona), live eonealei, bona flde eooquabo: fketa eooquatione, defendentl eieetionem dabo. — L. Hunioip. Veroneni. eap. 126. OnAMPIONB rOR OOMMUNITIBB. 181 cliscoiirage it as far as possible. Tlio defendant had the right to send a substitute into the field, bat the appellant could do so only by consent of his adversary. The cham- pion was rccpiircd to be of birth equal to his principal, which rendered the hiring of champions almost impossible, and not sniMsrior to him in force and vigor. Women and minors appeared by their next of kin, and ecclesiastics by their advocates.* In Ilussia, until the sixteenth century, champions were never employed, contestants being always obliged to api^ar in person. In 1550, the code known as the Sondcbtnick at length ]iermitted the emplojrment of champions in certain cases.* There were two classes of pleaders, however, with whom the hiring of champions was a necessity, and who could not lie iMMind by the limitations imimsed on ordinary liti- gants. AVIiile tlie sexagenary, tlie infant, and tlie crippled miglit possilily find a representative among tlieir kindred, and while the woman miglit appear by her husband or next of kin, the ecclesiastical foundations and chartered towns hafl no such resource. Their frequent occasion for this species of service, therefore, led to the employment of regu- larly api)ointe<l champions, who fought their battles for an annual stii)end, or for some other advantages bestowed in pa3'ment Du Cange, for instance, gives the text of an agree- ment by which one OeofIVy Blondel, in 125C, bound himself to the town of Ikauvais as its champion for a yearly salary of twenty sous Parisis, with extra gratifications of ten livres Toumois every time that he apix^ared in arms to defend its cause, fifty livres if blows were exchangecl, and a hundred llvrcs if the combat were carried to a triumphant issue. It is a little singular that Beaumanoir, in digesting the customs of Beauvais but a few years later, speaks of this practice as an ancient and obsolete one, which he had only heard of * Ut BioU PArilfliM, PI. Ytt. Tii. It. I. n, * Da Uojf, Droit Crimioel Um Penples Motlernet, I. 011-13. 182 THE WAQBU Of BATTLS. through tradition.* That it continued to be in vog^e until long after, is shown by Monteil,. who alludes to several documents of the kind, bearing date as late as the fifteenth century.* The champions of the church occupied a higher position, and were bound to defend the interests of tiieir clients in the field as well as in the court and in the lists ; they also led the armed retainers of the church when summoned by the suzerain to national war. The office was honorable and lucrative, and was eagerly sought by gentlemen of station, who turned to account the opportunities of ag- grandizement which it afforded; and many a noble family traced its prosperity to the increase of ancestral property . thus obtained, directly or indirectly, by espousing the cause of fat abbeys and wealthy bishoprics." The influence of feudalism early made itself felt, and the office of Vidame or AvouS became generally hereditary. In many instances, it was a consideration obtained for donations bestowed upon churches, so that in some countries, and particularly ■ Uii« in*lY«M oowtvint sobIoU e<ivrr« anolemmtiii, il eomme not ayohi •ntonda (l«i lelgnoan do loif. — Gout, da DMUVoItU, cap. ziiviil. ^ 16. " Hif I. del Fr«n9Aii, XV« SIdole, nUi. ziii.— The Uriffof rewards paid to Blondel, and Beaamanolr*t argumeni In faTor of mutilating a defeated champion, offer attrong praetioal commentary npon the Aindamental prlnot- ple on which the whole ayitem of appeala to the Judgment of Qod waa based — that soooess was an oTidonce of right. ' Thus, In the ninth century, the abbot of FIgeac, near Gabon, bestowed on a neighboring lord sixty churches and five hundred mansi, on condition of his fighting the battles of the abbey, *'oum necessitas poseeret, solo Jussu, absque lucro alio temporal!, bella abbatis et suornm prmliaretur." — Hist. Monast. FIgeacens.— (Balui. et Mansi IV. p. 1.) When feudalism fixed these chieftains firmly in possession, they rendered themselves inde- pendent of their benelhctors. This process is graphically described by St. Abbo of Flenry, about the year 990 — *' 0efensores ecclesiarum qui dicuntnr hodie, contra auotorltatem legum et canonum sibi defendant quod fuerat Juris ecclesiarum, sicque violentiam elericls et monaehls Ingerendo, res ec- clesiarum sen monasterlorum usul^uotuario diripiunt, colonos In paupertatem redlgnnti possesslones ecclesiarum non augent sod minuunt, ei quorum defensoreo esse debucranti eos Yastant.*' — Collect. Canonum, can. 11. OPPOSITION OF THE OHUROn. 183 in England, the title of advocalus became gp*adaally recog- nised ns synonymous with patron. Thns, one of the worst abuses of the Anglican Church is derived from this source, and the forgotten wrongR of the Middle Ages are perpetu- ato<l, otymologically at least, in the advowson which ren- dcrn tlie cure of souls too often a matter of bargain and sale. Tlio elasticity with which the duel lent itself to the ad- Tantago of the turbulent and nnscrupulous is well illus- trated in a document containing tlie proceedings of an assembly of local magnates in 888, to decide a contention concerning the patronage of the Church of Lessingon. Aflcr the testimony on one si<lc had been given, the oppo- site part}*^ connnonced in n^ply, when tlie holders of the aixHonilily, seizing their swords, vowed timt they would afllnn the truth of the first ))leader's evidence with their blood before King Amoul and his court — and the case was decided.' The strong and the bold are apt to be the ruling classes in all times, and were emphatically so in those rude ages of scarcely curbed violence when the Jurisprudence of the European commonwealths was forming itself, and to the immense advantages which the wager of battle afforded to those classes may be attributed the wide-spread influence which it enJo3'ed. Its only consistent opponents were found among eccle- siastics. When King Gundobald gave it form and shape in digoRting the Hurgundian laws, Avitus, Bishop of Vienne, rcmonstrate<1 loudly against the practice as unjust and nnchristian. A new controversy arose on the occasion of the duel Ixstween the Counts Bera and Sanila, to which reference has lieen made as an important event in the reign of Louis-le-Ddl>onnaire. St. Agobard, Archbishop * OfiliiBAtot ^ofdem eoDciUi, BppreheDfis ipaiU natfi, deToUTcraot m hvo it* aflirmfttvrot mm «ormm reglbos et cnnoiis prinelpibni usqae ad MUigoiDii effnuioiMiB. — OoUUii. Antiq. AUidadd. ehwr%, Uizt. 12 134 THE WAQER OF BATTLS. of Lyons, took advantage of the occasion to address to the Emperor a treatise, in which he strongly deprecated the appeal to arms, as well as the employment of ordeals, in settling Judicial questions, and he subsequently wrote another, consisting principally of scriptural texts with a running commentary, proving their incompatibility with so unchristian a practice.* Some thirty-five years after- wards, the Council of Valence, in 855, denounced the battle trial in the most decided terms, praying the Emperor Lo- thair to abolish it throughout his dominions, and adopting a canon which excommunicated the victor in such contests, and refused the rites of Christian sepulture to the victim." Pope Nicholas I." and other pontifTs protested against it, and exerted themselves energetically, to procure its abandon- ment. All this was totally without effect. If Charlemagne, in dividing his vast empire, forbade the employment of the wager of battle in settling the territorial questions which might arise between his heirs,* the prohibition merely shows that it was habitually used in affairs of the highest mo- ment, and the constant reference to it in his laws proves that it was in no way repugnant to his general sense of Justice and propriety. The next century affords ample evidence of the growing favor in which the Judicial combat was hold. About the year 930, Hugh, King of Provence and Italy, becoming Jealous of his uterine brother, Lambert, Duke of Tuscany, asserted him to be a supposititious child, and ordered him * <'J«lboradT«raiif Legem Oondobadi" and **Lib6r oonira JadiciBm0oi."— (Agobftfdi Opera, ed. Baluiii, I. 107, 301.) Doth ibeie worki diiplay marked abUiiy aad a aplrik of enlighUned piety, mingled with freqaent abinnlitiea, whieh ahow that Agobard oould not, In all thingi, riie superior to the prejn- dleei of hie age. One of hif fltTorite argumenta it that the batUe ordeal wai approved by the Arian heretio Qundobald, whom he itigmatisea aa " quidam auperbna ao atnltoa hotretiena Gundobadua Burgundionum rex." * Conoil. Valentin, ann. 856 oan. 12. * Can. Monomaohiam Caua. ii. q. t. * Nee nnqnam pro taU eaoaaa oiOaalibet generia pngna rel eampna ad ezamlnationem Judieetur. — Garol. Mag. Chart. Dl?iaionia ann. 800 cap. zi?. OTIIO THE GREAT. 185 in future to claim no relationship between them. Lambert, being ^^vir . . . bellicosnB et ad qnodlibet facinus andax," contemptuously denied the asix^rsion on his birth, and oflcrcd to clear all doubts on the subject by the wager of battle. Hugh accordingly selected a warrior named Teudinus as his champion; Lamliert was victor in the ensuing combat, and was universally received as the un- doubted son of his motlier. His triumph, however, was illcgallj' brouglit to a sudden close, for Hugh soon after suct*«H*ded in making him prisoner and deprived him of eyo- sigiit.* Still, some enlightened ecclesiastics continued to denounce the practice, represented by Atto, Bishop of Ver- celli, who declared it to be totally inapplicable to church- men and not to be approved for laymen on account of the uncertainty of its results ;* but representations of this kind were useless. About the middle of the century, Otho the Great apiHUirs, throwing the enormous weight of his influ- ence in its favor. As a magnanimous and warlike prince, the wager of battle appears to have possessed peculiar attrac- tions for his chivalrous instincts, and he extended its appli- cation as far as lay in his power. Not only did he force his daughter Liutgarda, in defending herself from a villanous accusation, to forego the safer modes of purgation, and to submit herself to the perilous decision of a combat,' but he also caused the abstract question of representation in the succession of estates to be settled in the same manner ; and to this day in Qermany the division of a patrimony among children and grandchildren is regulated in accordance with the law enacted by the doughty arms of the champions who fought together nine hundred years ago at Steil.* There was ' LtUprandl Aotopmloi. Lib. iii. eap. 46. * 8«d ifiud Jndleivm qnornndam laleoium folanimodo Mi, qaod nee l|wlt •iiani omnino apiirobatar. Nam mpa liino«eiit«8 Tl«ii, noeaniM T«ro <?ielorM In Ull Jadi«lo ena Tidaiiiar.— (D« PrMnirlt Beeloi. Pi. ii.) Thla WM wrllton aboat 946. * Dllfcmiiri CfcroB. Lib. ii. ann. 960. * Widvklnd. Rar. Saxon. Lib. it. eip. x. — Tba bonefi ebronlclor eon- 186 THI WAQSR OF BATTLE. no question, indeed, which according to Otho could not be satisfactorily settled iu this manner. Thus when, in 9G3, he was indulging in the bitter recriminations with Pope John XIL which preceded the subjugation of the papacy under the Saxon emperors, in sending Bishop Liutprand to Rome to repel certain accusations brought against him, he ordered the armed followers of his ambassador to sustain his asser- tions by the duel : a proposition promptly declined by the pontiff, skilled though he was in the use of weapons.* A duellist, in fact, seems to have been reckoned a necessary adjunct to diplomacy, for when, in 968, the same Liutprand was dispatched by Otho to Constantinople on a matri- monial mission, and during the negotiations for the hand of Theophania a discussion arose as to the circumstances which had led to Otho's conquest of Italy, the warlike prelate offered to prove his veracity by the sword of one of his attendants : a proposition which put a triumphant end to the argument." Nor was the Readiness to commit the mightiest interests to the decision of the Judicial duel confined to Qcrmany and Lombardy. When, in 948, at the Synod of lugeliieim, Louis d'Outromcr invoked the aid of the church in his death-struggle with the rising race of Oapct, he closed the recital of the wrongs endured at the hands of Uugh-le- Orand by offering to prove the Justice of bis complaiuts in single combat with the aggressor." When the battle ordeal was thus thoroughly incor[K>rated in the manners of the age, we need scarcely bo surprised that, in a life of St. ■Idon Uiai U would h»Te boon diigraoeftil to the nobUiiy to treat qnostlooi routing to thorn in » plobeian mannor. *' Rez autom moliori eonfilio Bino, noluit Tirol nobilei ao sonoi popoli inhonotto traotari, led tnogia rom inter gladiatorei dltoerni Juatit." In botli these easei OUio may be laid to have had aneient euitom in hi« thvor. Bee L. Longobard. Lib. x. Tit. zii. f 2.— L. Alamann. eap. lvi., lxzxit. ; Addlt. eap. xxii. ' Liutprandi Hiet. Otton. oap. vii. * Llntprandi Legat. oap. Ti. " Hl« at dux eontraire audeat, nobis tantum aingolariler oongrediendam fii.— Oonqaest. Ludor. in Synod. Ingilheim. ann. 048. OTUO II. 18t Matilda, written by command of her son Otho the Great, the author, after describing the desperate struggles of the Saxons against Charlemagne, should gp*aTely inform us that the war was at last concluded by a duel between the Cliristian lioro and his great antagonist Witikind, religion and eni)>ire licing both staked on tlie issue as the prize of the victor; nor does the pious chronicler shudder at the thought that the destiny of Christianity was intrusted to the sword of the Frank.* The second Otho was fully imbued with his father's ▼iews, and so completely did he carry them out, that in the Lombard law he is actually credited with the intro- duction of the duel." In the preceding essay, allusion has been made to his substitution of the judicial combat for the sacramental oath in 983, and about the same period, he made an exception, in favor of the battle ordeal, to the im- memorial policy of the barbarians which permitted to all subject races the enjoyment of their ancestral usages. At the council of Verona, where all the nobles of Italy, secular and ecclesiastical, were assembled, he caused the adoption of a law which forced the Italians in this respect to follow the customs of their conquerors.' Even the church was dcprivc<l of any exemption which she might previously have enjoyed, and was only allowed the privilege of ap- pearing by her "advocatl" or champions.* There were small chances of escape from the stringency of these regu- lations, for an edict of Otho I. in 971 had decreed the * Uiriffqii« plaeaii |»rinelpiba9, vi ipel fliiKiiH iiiTl««in «llnile«iari oonrar- gtrenl, •i evl lort TletoriMn eoiitaliM«t, ipsi totat ezotoiliit tliift dablo parerel.— R. MtlhUd. Begin. VU. e. 1. * Nmi bcUi doBo diUt nx raaxlmof Oito. * QoManqno Irgt, liTe eilam Romana, in omni regno Ilalieo homo Tizeret, Inn omnia ni in hit eapltoUi per pngnam dcoerniravt obeerTaro.— L. Longo- bard. Lib. ii. Tit. U. 4 88. * Do oeeleaiamm rebni at per adroealoi Aat timUiler Jabcmoi. — Ibid. ♦ M 12* 188 THE WAQBR OF BATTLE. punishment of confiscation against any ono who should refuse to undergo the clumccs of the combat.* Under such auspices, and stimulated by the rising spirit of chivalry, it is no wonder that tlie judicial duel acquired fresh importance, and was more extensively practised than ever. From the wording of a constitution of the Emperor Henry II., it may even be assumed that in the early part of the eleventh century it was no longer necessary that there should be a doubt as to the guilt of the accused to entitle him to the privileges of the combat, and that even the most notorious criminal could have a chance of esca|)e by an appeal to the sword.* Thus it came to pass that nearly every question that could possibly arise was finally deemed liable to the decision of the wager of battle. If Otho the Great cm- ployed champions to legislate resi)ecting a disputed i)oiut of law, he was not more eccentric than the Spaniards, who settled in the same manner a controversy regarding the canonical observances of religion when the fiery and indomitable Ilildebraud endeavored to force the introduce tion of the lloman liturgy into Castile and Leon, in lieu of the national Gothic or Mozarabic rite. With considerable difiicalty, some years before, Navarre and Aragon hod been led to consent to the change, but the Oastilians were dog- gedly attached to the observances of their ancestors, and stoutly ref\ised compliance. In 1011, Alfonso I. procured the assent of a national council, but the people rebelled, and after repeated negotiations tlie matter was finally referred to the umpirage of the sword. The champion of the Gothic ritual was victorious, and tradition adds that a second trial was made by the ordeal of fire ; a missal of ' Si non »iid«at, rM raa inflsMntnr. — Oonrent. Papieni. ann. 971. * Qui T«ro infra tr«agiiin, poit datum ofoolum paci», aUum lioiiiiii«iii in- Urf<M«ri(, •% DAgar* Tola«rit, pagnam pro m faoiat.-"L. Longobord. Lib. i. Tii. iz. f 88. OTnO or BAVARIA. 189 each kind was thrown into the flames, and the national liturgy emerged triumphantly unscathed.* Nearly contemporary with this was the celebrated case Of Otho, Duke of Bavaria, perhaps the most noteworthy example of a judicial appeal to the sword, as it proved the commencement of the terrible Saxon war, and of the troubles which, nggravated by the skilful hand of Hilde- brand, pursued the unfortunate Emperor Henry lY. to the grave, and did so much to establish the temporal supremacy of the papacy. A worthless adventurer, named Egeno, accused the proud and powerful Otho of conspiring against the Emperor's life. In a diet held at Mainz, the duke was commanded to disprove the charge by doing battle with his accuser within six weeks. According to some authoritieS| his pride revolted at meeting an adversary so far his infe- rior; according to others, he was prevented from appearing in tlie lists only by the refusal of the Emperor to grant him a safe conduct. Be this as it may, the appointed term elapsed, his default of appearance caused Judgment to be taken against him, and his duchy was confiscated accord* ingly. It was bestowed on Welf, son of Azo d'Este and of Cunigunda, descendant and heiress of the ancient Guelfio Agilolfings; and thus, on the basis of a judicial duel, was founded the second Bavarian house of Guelf, from which have sprung so many royal and noble lines, including their Ouelflc Majesties of Britain. Some years later, the Em* pcror himself oiTered to disprove by the same means a similar accusation brought against him by Duke Reginger, of endeavoring to assassinate his rival, Rodolph of Swabia. A day was appointed for the combat, which was prevented only by the opportune death of Reginger.' Scarcely less impressive in its results, and even more remarkable in itself, as exhibiting the duel invested with ' Porrenif, ntii. 06n. d*Binwsii«, Trnd. d^nermniy, Itl. U$. * linnbtri. Sehaflnab. mm. 1070, 1078, 1074.— Connd. UrifMrg. MB. 1071. — Dnmo d« D«l1o SaxoiiIoo. 140 TnS WAQBR OV BATTLE. legislative as well as judicial functions, is the case wherein the wager of battle was employed in 1180 to break the overgrown power of Henry the Lion, That puissant Duke of Saxony and Bavaria had long divided the iK>wer of the Empire, and defied the repeated efforts of Frederic Barbarossa to punish his constantly recurring rebellious. Cited to appear and answer for his crimes in successive diets, he constantly refiised, on the plea that the law required him to have a trial within his own dominions. At length, in the diet of Wurtzburg, a noble arose and declared himself ready to prove by the single combat that the Emperor could legally cite his princes before him at any place that he might select within the limits of the em- pire. Of course there was none to take up the challenge, and Frederic was enabled to erect the principle thus asserted into a binding law. Henry was condemned by default, and his confiscated possessions were shared between those who had arranged and enacted the comedy.* To such an extent was carried the resi)cct entertained for the judicial duel, that, by the English law of the thirteenth century, a pleader was sometimes allowed to alter the record of his preliminary plea, by producing a man who would offer to prove with his body that the record was incorrect, the only excuse for the absurdity being that it was only allowed in matters which could not injure the other side;* and a malefhctor turning king's evidence was obliged, be- fore receiving his pardon, to pledge himself to convict all his accomplices, if required, by the duel.* The implicit * OoDrad. Unperg. ann. 1176. — Oamqn* nnUna Uti ta offerrat ad pngnam adioto Imparatorto pnafatascntaDtla pro Jnra perpatuo ■tatata att, quam aon dablam ati aatorikata at ratloD* firmari. * Bt ftatim hoo probara par anam aadUntam ai iDUIIigaDUm, qnl iaeoDtl- B«Dti paraiofl sit hoo probara par oorpoi tnam, ■! earia eoncidorararit. Bt ■io potarit qnif raoordam ranm mntaro, angora, ot mlnaoro, qnla oz hoo nnUam damnam habobit adronarlai. — BraotOD. Lib. iti. Traot. ii. oap. 87^6. > Ibld.aap.SS^S, andS4 41. EXPLANATION OF DOUBTFUL 0A8B8. 141 confidence inspired by the duel is well illustrated bj a case which occurred about the year 1100. A sacrilegious thief named Ansclm stole the sacred vessels from the church of Laon and sold them to a merchant, from whom he exacted an oath of secrecy. Frightened at the excommunications fulminated by the authorities of the plundered church, the unhappy traitor rcTcaled the name of the robber. Anselm denied the accusation, offered the wager of battle, defeated tlie unfortunate receiver of stolen goods, and was proclaimed innocent. Encouraged by impunity, he repeated the offence, and after his conviction by the ordeal of cold water, he confessed the previous crime. The doubts cast by this event on the efficacy of the judicial combat were, however, happily removed by the suggestion that the merchant had suffered for the violation of the oath which he had sworn to Ansclm; and the reputation of tlie duel remained intact.* Jt may readily be imagined that cases of this nature fre- quently arose, and as they often did not admit of so inge- nious an explanation of the criminal's escape, legal casuists assumed a condition of being, guilty in the sight of God, but not in that of man— a refinement of speculation which even finds place in the German codes of the thirteenth century;* and men contented themselves then, as they do still, with prcMlicting future misfortunes and an eternity of punish^ mcut. The more direct solution, in cases of unjust con- * (lalbtri. NoTtogeni. de Vita raa Lib. iif. eap. xrl. — H«rmaiiii. do Mine* 8. MaHm Landun. Lib. it. eap. SB.— Fonitaa ni mnlli patarvDlk pro fl«l<>i Tiolalm roaia, qua proniMrai fid em Aoielmo, qaod oam aoii detegorei. (I>ii Cange.) * Und difer Tor Get feholdig, and Tor den Inten nil. — (Jar. ProTin. Ala* mann. eep. eexiz. f 8.) Tliit ii a proTielon for eaooe In whieli a ifiiefaeenset a reeelTcr of baring miggeeted and aesisiod Jlio orime. They are made to Sght, when, if the receiver if wonted, both are banged ; if tbo thief, bo alone, and the reeelrer eecapee tbongh eriminal. The Freneb Tenion oalargee •omewbat on the prinelple inTolved : ■' So il pnet Tanore iantro ofi qnitoo ot Ii anire »era pandni. et aera an oolpe anrer lo mnnde et anTor dex andni. ee avient a aMf»B de genu, qae aneone Punt an eolpe taTor dex oi ao »lo aavor le Prigle.**>.(Miroir. de Bouabe, P. ii. o. tI.) 142 TUB WAQER OF llATTLK. demnation, was very much like that which justiflcil tho defeat of Anselm's merchant — ^that the unfortunate victim, though innocent of the special offence charged, suffered in consequence of other sins. This doctrine was even sup- ported by the infallible authority of the papacy, as enun- ciated in 1212 by Innocent III. in a case wherein the priory of St. Sergius was unjustly convicted of theft by the judicial duel, and its i)Ossessions were seized in consequence by the authorities of Spoleto.* That the combatants them- selves did not always feel implicit confidence in the justice of the event, or rely solely upon the righteousness of their cause, is shown by the custom of occasionally bribing Heaven either to assist, the right or to defend the wrong. Thus, in the eleventh century, we find the monastery of St. Peter at B^e in the enjoyment of certain lands bestowed on the Saint by Sir Miles the Stammerer, who thus en- deavored to purchase his assistance in a combat about to take place — a bargain no doubt highly appreciated by the worthy friars.' Notwithstanding the wrong and injustice wrought by the indiscriminate and universal application of so senseless a custom, it was so thorouglily engrafted in the convictions ^mid prejudices of Europe that centuries were requisite for its extirpation. Curiously enough, the eai'liest decisive action against it took place in Iceland, where it was for- mally interdicted as a judicial proceeding in 1011;' and though the assumption that this was owing to the intro- duction of Christianity has been disproved, still the fact that both events were contemporaneous allows us to con- clude that the teachings of the true religion had a powerful % * Om. Blgnifieantlbiii, Bzira, D« PargaUon* ValgarL— " DaeUam In qao ftliic pMoaiif laic prapedienliboi, oeeideroDt." " Iidem qaoqn* Milo . . . monomaohi oerUUarnt pngna, atiribnit ianeto Pefcro Urram qpam habebat in Luoo, prope atrium eoolef to, quo libi ai^uUir in difpotito bdllo •xistorii. — Ohron. BeracnM, Chart. d« Looo. ' Soblogeli Oommrat. ad Qrig&t, p. xxM, INFLUBNOB OF THB 00MMUNB8. 148 inflncnco in leading the inhabitants to abandon their an- cestral custom. The Danes were the first to follow the example. Indeed, Saxo Orammaticus in one passage attributes to them the priority, asserting that when Poppo in 9G6 converted Harold Blaatand by the ordeal of red- hot iron, it produced so powerful an cflTcct as to induce the substitution of that mode of trial for the previously existing wngcr of battle.* Yet it evidently was. not abro- gated for a century later, for when Harold the Simple, son of Svon Kstritli, ascended the throne in 1074, among the legal innovations which he introduced was the substitution of the purgatorial oath for all other forms of defence, which, Saxo si)ccifical1y states, put an end to the wager of battle, and oiwned the door to great abuses.* Fiercer tritios timn these in Euro|>e there were none, and ihcir nbrogniion of the battle trial at tliis early age is an incxplicalile anomaly. It was an exceptional movement, however, witliout results beyond tlieir own narrow boun- daries. Other causes had to work slowly and painMly for ages before man could throw off the bonds of ancestral prejudice. One of the most powerful of these causes was the gradual rise of the Tiets-l^tat to consideration and importance. The sturdy bourgeois, though ready enough with morion and pike to defend their privileges, were usually addicted to a more peaceful mode of settling private quarrels. Devoted to the arts of peace, seeing their interest in the pursuits of industry and commerce, enjoying the advantage of settled and permanent tribunals, and exiK>sed to all the humanizing and civilizing influences ' Qno •renlt ni Dftnl, AbrogftU dncUoram eonfii»ladin», pleraqno eansAmm Jad!«iA eo experinenll genere eoniUinni deeern^reni, eoniroT^riiarnn ma- nen reellni nd urbHrlam ditinon qiiam ad hvntfiAm rlzam nUgiiadiiiii pvUntci.— SazoD. GramniAi. lliit. Dan. Lib. x. * Ip«a nanqne defeadendl pol«»tas non armorum non Uiilam «sa, ted f ola •neram^nK ftde fnbntza, maltoruoi eonalni Totornm eapiditaU perjnrlo polInU, ted ei fondlint f InKalarlan oongratf lonnm mom aTarili. PoiUrIf nanqno tancepian caaMrnm eonlrorersiaa saliaf Jnrejnrando ▼linm ati ox- pedire f|aaiB ferro — Ibid. Lib. xi. 144 TUB WAQSU OF BATTLE. of doBO asBOciation iii communiticB, they spccclily acquired ideas of progrcsB very different fi'om those of the savage feudal nobles living isolated in their fastnesses, or of the wretched serfs who crouched for protection around the castles of their masters and oppressors. Accordingly, the desire to escape from tlio necessity of purgation by battle is almost coeval with the founding of the first communes. The earliest instance of the kind that I have met with is ipontained in the charter granted to Pisa by the Emi)eror Henry lY. in 1081, by which he agrees that any accusa- tions which he may bring against citizens can be tried without battle by the oaths of twelve compurgators, except when the penalties of death or mutilation are involved ; and in questions concerning land, the duel is forbidden when competent testunony can be procured.^ Limited as these concessions may seem, they were an immense inno- vation on the prejudices of the age, and are important as affording the earliest indication of the direction which the new civilization was assuming. Not long after, about the year 1105, the citusens of Amiens received a charter from their bishop, St. Oodfi*ey, in which the duel is subjected to .some restriction — not enougli in itself, iierhaps, to effect much reform, yet clearly showing the tendency which ex- isted.' Perhaps the earliest instance of absolute freedom from the Judicial combat occurs in a charter granted to the inhabitants of Bari by Roger, King of Naples, in 1182.' In that of Nieuport, bestowed in 1168, by Philip of Alsace, ' LUDlg God. Diplom. Itol. I. S465.— The liberal Urmi of thU ohArter show ihe oAHghUDmeDi of the Bmperor, and ezpUIn the fidelUj menifeiied for him bj the imperial oitiet In hit desperate itrugglee with bit robelliouf noblee And an implnoable papne/. • * Bi oonrentio nllqna faota ftierit ante dooi Tel plarot loabinot, de eon- Tentione ilia ampling non rargct campof toI daellum, pI fcablni qui eonten- tioni interfVierInt, hoc teitlflcatl fuerint. — Chart. Commun. Ambianens. o. 44. (Migne*e Patrolog. T. 162, p. 760). ' Ferrumi oaeaYam, pagnam, aqnam, robia non judioabit vel judicarl fkoiet. (Maratori, Antiq. Ital. Diasert. 2(8.) INFLUBNOE OF OOHMEBOB. 146 while the ordeal of red-hot iron and compnrgatorial oaths arc frcci}' alluded to ais means of rebutting accusations, there is no reference whatever to the battle trial, showing that it was by that time no longer in use.* Even in Scotland, partial exemptions of the same kind in favor of towns are found as early as the twelilh century. A stranger could not force a burgher to fight, except on an accusation of treachery or tlieil, while, if a burgher desired to compel a Rirnugcr to the duel, he was obligcfl to go beyond the con- fines of the town. A si^ecial privilege was granted to the royal burghs, for their citizens could not be challenged by the burghers of nobles or prelates, while they had the right to oflfer battle to the latter." The special influence exercised by the practical spirit of trade in rendering the duel obsolete is well illustrated by the privilege granted, in 11 27, by William Clito to the mer- chants of St. Omer, declaring that they should be free from all apiKuils to single combat in all the markets of Flanders.* In a similar spirit, when Frederic Barbarossa, in 1173, was desirous of attracting to the markets of Aix-la-Chapello and Duisbourg the traders of Flanders, in the code which he established for the protection of such as might come, ho specially enacted that they should ei\Joy immunity from the duel.* Even Russia found it advantageous to extend the same exemption to foreign merchants, and in the treaty which Mstislas Davidovitch made in 1228 with the Ilanso- town of Uiga, he granted to the Germans who might seek ' OndeghMvi, AnnalM de Flaodro ^d. L«ibro«M«rt T. ti. boU ad flu.— Th« lawf bMiow«d by PhUIpp* on the eitj of Oheoi in 1178 haT« bo alln* •ion to nny vpoetot of ordonl, and appear to roti altogothor on ordlnar j legal profffweo.— Ibtd. T. l. p. 426 »qq. * L. DnrgofUBi o. 14, 15. (Skene.) * In omni nereaio Flandri* el qnli elamorem adrortnt eoi niiellaTerii, Jndteinm foabinornm de onint elamore fine dnello rabeani; ab dnoiio rero ■iUrlne liberl tint ^(WarnliHnlK, Ilitt. de la Flandre, II. 411.) * Nemo mereaiorem de Flandria duello prorocabli. (Ibid., II. 426.) 13 146 THE WAQBB OF BATTLE. his dominions immunity fVom liability to the red-hot iron ordeal and wager of battle.^ Germany seems to have been somewhat later than France or Italy in the moYcment, yet her burghers evidently re- garded it with favor. In 1219, the charter granted to Niim- berg by Frederic II. expressly exempts the citizens from the appeal of battle throughout the Empire.* The statutes of Eisenach, in 1288, provide that no duel shall be ad- Judged in the to¥m, except in cases of homicide, and then only when the hand of the murdered man shall be pro- duced in court at the trial.* In 1291, Rodolph of Ilaps- burg issued a constitution declaring that the burghers of the free imperial cities should not be liable to the duel out- side of the limits of their individual towns,* and in the Kayser-Recht this privilege is extended by declaring tljp burghers exempt from all challenge to combat, except in a suit brought by a fellow-citizen.* All these, however, were special privileges for a limited class of men, and their local regulations hud no direct bearing on general legislation, except in so fur us they might assist in softening the niuunurs of their generutiou and aiding in the general spread of civilization. A more efficient cause was to be found in the opposition of the * BniMiiip Hlti. de Ruaste, II. 273 (Du Boyt, Droit Crlmlnel dM Peap. Mod. I. 603). * lUn, nomo altqaom ciTem loci itUaa daello impetoro dobei in toto Bo- mano Imperio.^Oonstit. Frid. II. do Jar. Norimb. f 4 (Qoldaai. ComUI. Imp. I. 291). * Honke, Qtatih, dot Dent. Peinliobon Rocbti I. 102 (Dn Boys, op. oit. II. 500). * NallnJ TO! Tol TOttrnm aliqaem modo dnellioo yoI per Yiam dnelli extra eivitatom oitare ponit vol debeat evooare. (Qoldnst. Op. cit. I. 314.) * Imperator eoe immnnet deolaravit a duello, . . . nt non poseint con- Toniri niai oiribni in eadem oivitate babitantibni, nbi vir ille moratnr eni lie moYetur.— Jar. CaDiar. P. it. oap. 1. (Senokenberg. Oorp. Jar. Oennan. I. 118). This portion of the Kayeer-Reoht if probably therefore posterior to the rise of the Hapebnrg dynaity. OPPOSITION or THB OHUBOH. 14T church, which, as has been seen, never looked upon the duel with favor, and constantly endeavored to discredit it. Near the close of the twelfth century, Celestin III. pro- hibited it in general terms,* and he further pronounced that champions in snch contests, together with principals, were guilty of homicide, and liable to all the ecclesiastical penal- ties of that crime.' Innocent III., moreover, took care that the g#At council of Latcran in 1215 should confirm all the previous prohibitions of the practice.* How difficult it was to enforce rcsi)ect for these precepts, even among church- men, has been shown above, and the persistence of ecclesias- tical belief in the divine interposition is fairly illustrated by a cose, rejated with great triumph by monkish chroni- clers, as late as the fourteenth century, where a duel was undertaken by direction of the Virgin Mary herself. In 1325, a French Jew feigned conversion to Christianity in order to gratify his spleen by mutilating the images in the churches, and at length he committed the sacrilege of car- rying off the holy wafer to aid in the unknown and hideous rites of his fellows. The patience of the Virgin being at last exhausted, she appeared in a vision to a certain smith, commanding him to summon the unlucky Israelite to the field. A second and a third time was the vision repeated without effect, till at last the smith, on entering a church, was confronted by the Virgin in person, scolded for his remissness, promised an easy victory, and forbidden to pass the church door until his duty should be accomplished. He obeyed and sought the authorities. The duel was decreed, and the unhappy Hebrew, on being brought into ' " In 00 OMQ, Tol Allif •tlftm, bo« non dtbei allqwiUfiiif ioleraro'* (Can. 1, Rztrft, Lib. T. Tli. xzzr.). Tbo rubric of tbli oanoa it er«n more do* eid«4. — ''Dvella et allie pnrgailonM TnlgarM problblMe lant, qalaperoM anltAilM oondemnaUr abfoW^ndafp et Dent ientari Tldeiar." * Qaod UIm pogllM homlcldB T«rl ezlsinni. . . . Homloldlnm aatoa, laa faoto qnam prceepto, iIt* oonillio, a«i defeniionc, son est dnblvm per- peirarl.— Can. t, Kztra, Lib. r. Tit. zr. * Coaeil. Lateraaens. IV. Can. 18. 148 THB WAOBB OF BATTLE. the lists, yielded without a blow, falling on his knees, con- fessing his unpardonable sins, and crying that he could not resist the thousands of armed men who api)earcd around his adversary with threatening weapons. He was accordingly promptly burned, to the great satisfaction of all believers.* Yet for all this, the opposition of the church, as authoritatively expressed by successive pontiffs, could not but have great influence in opening the minds 4f men to a sense of the cruelty and injustice of the custom.' But perhaps the most potential cause at work was the revival of the lloman Jurisprudence, which in the thirteenth century commenced to undermine all the institutions of feudalism. Its theory of royal supremacy was most agree- able to sovereigns whose authority over powerful vassals was scarcely more than nominal ; its perfection of equity between man and man could not fail to render it enticing to clear-minded Jurists, wearied with the complicated and fantastic privileges of ecclesiastical, feudal, and customary law. Thus recommended, its progress was rapid. Mouarchs lost no opportunity of inculcating resi)ect for that which served their purpose so well, and the civil lawyers, who were their most useful instruments, speedily rose to be a power in the state. Of course the struggle was long, for feudalism had arisen f^om the necessities of the age, and a system on which were based all the existing mstitiitions of Europe could only bo attacked iu detail, and could only be destroyed when the advance of civilization and the general diffusion of enlightenment had finally rendered it obsolete. The French Revolution was the final battle-field, and that terrible upheaval was requisite to obliterate a foim of society whose existence had numbered nine hundred yea^s. * WUUlml Egmond. ChroD. (MnUhtti AnalMi. IV. 281.) " As laie m 1492, the Synod of Sohwerin promalgaUd a oitnon prohlbillng Ohriitian bnrial to thoio who foU in the dnel or In tonrnnmenti.— Synod. Swerin. ann. 1492 Can. uir. (Harttholm Conell. Gorman. V. 647.) SFFOBTS TO RB8TBI0T TUB DUBL. 149 Tho wagor of battle was not long in experiencing the first assaults of the new power. The earliest efficient steps towards its abolition were taken in 1231 by the Emperor Frederic II. in his Neapolitan code. He pronounces it to be in no sense a legal proof, but only a species of divination, incompatible with every notion of equity and Justice, and he prohibits it for the future, except in cases of murder and treason wliero other proof is unattainable; and even in these it is placed at tlie option of tlie accuser alone, as if to render it a punislnnent and not a trial.* The German Imperial co<le, known as the Kayser-Recht, which was pro- bably compiled about the same time, contaihs a similar denunciation of the uncertainty of the duel, but does not venture on a prohibition, merely renouncing all responsi- bility for it, wliiie recognizing it as a settled custom.' In tlie portion, however, devoted to municipal law, which is probably somewhat later in date, the prohibition is much more stringently expressed, manifesting the influences at work ;* but even this is contradicted by a passage almost immediately preceding it. How little influence these wise counsels had, in a state so intensely feudal and aristocratic, is exemplified in the Swabian and Saxon codes, where the duel plays so important a part. Yet the desire to escape it was not altogether confined to the honest burghers of the cities, for in 12t7, Rodolph of Ilapsburg, even before he granted the immunity to the imperial towns, gave a charter to the ducliy of Styria, securing to tlie Styriaus their privi- ■ Coniiit. Slevliir. Lib. ii. Tit xxxU. xzxHi.— " Non Urn T«ni probatlo qniin qusdan dlrlnailo . . . qua natvra noil oonaonans, » juf oomniiBi detial, Bqnltiilti raltonibiit non eonsenili.'* * Cnm Ttdertt innoeraUf in dneUo rao«abii1ne, •! lontot oonira In ran InlntUiln nlhUominni Tlotorinn obllnnlsse. Bi Ideo In Jam Imfwrll lerlp- lam Mt, abl dao ex mor« Indnellnn proocdnni, hoe non perilnetnd Importan. — Jnr. Cstar. P. ii. o. 70. (8enoli«nb«rg I. 54.) * Qnllibei petal iniperatoreni Join i«te nt nemo alteram ad dnellvm proroeet. . . . Nemo enim nnqoara foriloree proToearl Ttdti, Md aemper debiltores, •t fortioref Mmper irlarapharnnt — Ibid. P. it. cap. 19. 1.3* 150 THS WAQSB or BATTLS. leges and rights, and in this he forlMidc the duel in all coses where sufficient testimony could be otherwise obtained; while the general tenor of the document shows that this was regarded as a iavor.^ In 1248, Don Jayme I. of Aragon, in revising the firan- chises of M^orca, prohibited the Judicial combat in both civil and criminal cases.* Within fifteen years from this, Alfonso the Wise of Castile issued the code generally known as Las Siete Partidas. In this he evidently desired to curb the practice as for as possible, stigmatizing it as a custom pe- culiar to the military class (por lid de caballeros 5 de peones), and as reprehensible both as a tempting of Qod and as a source of perpetual injustice.' Accordingly, he subjected it to very important limitations. Tlie wager of battle could only be granted by the king himself;* it could only take place between gentlemen,' and in personal actions alone which savored of treachery, such as murder, blows, or other dishonor, inflicted without warning or by sur- prise. Offences committed against proixsrty, burning, forcible seizure, and otlior wrongs, even witliout delluni^e, were specifically declared not subject to its decision, the body of the plaintiff being its only recognized justifica- tion.* Even in this limited sphere, the consent of both * 81 inUr SilrlensM quaDitioncm oonUngai orirl, dueUam loonm aoa habdAt, T«l probaiio per oamptonem, abi testes idonei produoentar, seeundam qnoram testimoDinni qasDstlo diriuAtur. — Rudolphi I. PriYileg. (Ladewig Keliq. M8S. T. IV. p. 260.) * Do Oange, s. t. JkUalia. * Los sabios anttgaos que fleicron los leyes dod la toTieron por dereoba pmeba : od esto por dos rasones ; la «na porque maobas Yegadaa aoaesoe qne en tales lidespierde la yerdat e venoe la montira : la otra porque aqael qae ba Tolantad de se aventurar & esta praeba semeja que qulere tentar i Dios nnestro seSor.— Partidas, P. in. Tit. xlr. 1. 8. * Ibid. P. Tii. Tit. ill. 1. 2. * Ibid. P. VII. Tit. lU. 1. 8. * Bt iobre todo deolmos qae non se pnede Ibof r riepto sinon sobre oosa 6 fieobo en qne eaja trayoion 6 aleve ; et por onde si nn ftdalgo 4 otro qneinare 6 derrlbare easas, 6 eortare TiSas 6 Arbolesi ^ forsaro baber 6boridat, 6 Oeiore SPAIN. 151 parties was rcqnisitc, for the apix^Ilant could prosecute In tbc ordinary legal manner, and the defendant, if challenged to battle, could elect to have tlie case tried by witnesses or inquest, nor could the king himself refuse him the right to do so.* When to this is added that a preliminary trial was requisite to decide whether the alleged oflTenco was treach- erous in ilR character or not, it will lie seen that the combat wan hedged around with such difllculties as rendered its presence on the statute book scarcely more than an unmean- ing conecRsion to {lopular prejudice ; and if anything were wanting to prove the utter contempt of the legislator for the decisions of the battle-trial, it is to be found in the reg- ulation that if the accused was killed on the field, without confessing the truth of the crime imputed, he was to bo pronounced innocent, tss one who had fallen in vindicating the truth.* The same desire to restrict the duel within the narrowest possible limits is shown in the ndes concerning the employment of champions, as has already been seen. Although the Partidas as a scheme of legislation was not as suocessfhl OS it deserved to Iks, and although it was most unwillingly received, still these provisions were lasting, and pro<luce<l the effect designed. The Ordenamiento de Alcali(| issued by Alfonso XI. in 1348, which remained in force for nearly two centuries, repeats the restrictions of the Partidas, but in a very cursory manner, and rather in- cidentally than directly, showing that the judicial combat was then a matter of little imfiortance, and that the ordinances of Alfonso the Wise had become part of the •Cro mal quo aon Unga •n ra 6a«rpo, mugiitr non 1* haya ante dMafldo, non •f por Md* al«TOM, aU |ni«d« rtpiar por •Uo.— ParUdai, P. Tii. Tit. Hi. M. ' Tres diaii d«1i«M aoordarel replado para emoger una d« la« trM nanerai i|aa detato dixlemot, qnal mM qniiier« porqne m Hbra «l plsyto. . . . oa el ra Ilia sv eorU bob Imb de naadar Udtao por riepto.-— Ibid. P. rii. Tit. ill. 1.4. * Mnera qailo del riepln ; ea rasoB tn qa« iea qntto qnlea defendlcndo la T^rdad reelMA mnrrtc.— Ibid. P. vii. Tit. Ir. 1. 4. 162 Tns WAOBB or battle. national law, to be received as a matter of conrse.* In fiftct, tlie Jurisprudence of Spain was derived so directly from the Roman law through the Wisigothic code and its Romance recension, the Fuero Jusgo, that the wager of battle could never have become so deeply rooted in the national fiiith as among the more purely barbarian races. It was therefore more readily eradicated. The varying phases of the struggle between progress and centralization on the one side, and feudalism and chivalry on the other, were exceedingly well marked in France, and as the materials for tracing them are abundant, a more detaUed account of the gradual reform may perhaps have interest, as illustrating the long and painful strife which has been necessary to evoke order and civilization out of the incongruous elements from which modem European society has sprung. The sagacity of St. Louis, so rarely at fault in the details of civil administration, saw in the duel not only an unchristian and unrighteous practice, but a symbol of the disorganizing feudalism which ho so ener- getically labored to suppress. His tcm|)er led him rather to adopt pacific measures, in sapping by the forms of law the foundations of the feudal power, than to break it down by force of arms as his predecessors had attempted. The centralization of the Roman polity might well appear to him and his advisers the ideal of a well ordered state, and the royal supremacy had by his period advanced to a point where the gradual extension of the Judicial prerogatives of the crown might prove the surest mode of humbling in time the haughty vassals who had so often bearded the sovereign. No l^al procedure was more closely connected with feudal- ism, or embodied its spirit more thoroughly than the wager of battle, and Louis accordingly did all that lay in his power to abrogate the custom. The royal authority was strictly circumscribed, however, and thou^, in his cele- ' OfitoMmiMilo d« AleaU, Tli. xxzii. n.vii.~zt I.B0I8LATI0N OF ST. LOUIS. 153 bratGcl Ordonnanoe of 1260, he formally prohibited the battle trial in the territory subject to his jurisdiction/ ho was obliged to admit that he had no power to control the courts of his barons beyond the domains of the. crown.' Even within this comparatively limited sphere, we may fairly assume from some passages in the ^tablissements, compiled a1)ont the year 1210, that he was unable to do away entirely with 'the practice. It is to be found permitted in some canes both civil and criminal, of i)cculiarly knotty character, admitting of no other np|>arcnt solution.' It seems, indeed, remarkable that he should have authorized it even between brothers, on criminal accusations, only restricting them in civil suits to fighting by champions,* when the Gtorman law of nearly the same period forbids the duel, like marriage, l>otwoon relations in the fifLh degree, and states that pro- viounly it had been prohibited to those connected in the seventh degree.* ' Now deffsodoof li tow let baUinof pMr tout noitro domoDgno, m^ now B'oftom mie !•■ eUlni, !•• rotponi, los eonronanli, oto. . . . fori que now ostom Im bataiUM, oi en lien dei batalUei nons meton praerei de tesmolm, •I ■! B*oaioii pM let anlret bonct proQTM ot Iojmix, qui oot ctt6 6o ooarl Uyo ffiqaet t oro.— iMmbert, I. S84. liftiirttro (Tabl. detOrdonn. p. 17) allndes to ao odiet to the hubo purport Qoder ditto of 1340, of whiob I ean oowboro elio flnd a trace. * So 00 oit en Pobeiitance le Boy ; ot so eo eet hori robeinanoo lo Roj, gago do baUillo. (£ia,h. do St Lonli, Lir. ii. obap. zl., zziz., zzzrUI.) Boaamanoir repeati It, a quarter of a oontnry later. In tbe moot prooloo torme, "Car tout oil qui ont Jaetieo on la eontd poent malntonir lor eort, 1*11 lor plont, lolone Tanelenno eoastuno ; et s*il lor plest 11 lo poont tenlr lelono reetabliffOBient le Roy." (Cent, du Beanr. oap. zzzlz. f 21.) And afaln, '* Car quant II role Lois leo oota do sa oort U no les oota pw doi oonrt 4 soo barons.'* (Cap. lxi. f 15.) ' IjIt. I. obap. zztII., zei., eiHI. oto. Tbls is so entirely at Tarlanoo with the general belief, and militates so strongly with tbo opening assertion of tiio ftabllssemenU (Ordonn. of 1360) tiiat I sbould obsorro tbat in tbo obapters referred to the dlrooUon for tbo eombat Is absolute ; no altematlro Is prorided, and there Is no allwion to any differeneo of praotioe proTailIng In tbo royal eonrts and In those of the barons, such as may bo soon In other passages. (TjIt. i. ebap. ziXTlit., Izzzl., oxl., oto.) * Ibid. LIT. I. chap. elzrU. * jur. Profln. Alamann. oap. clzzi. H 10, 11, 18. 154 THB WAGKB OF BATTLE. Evon this qualified reform provoked determined opiK>8i- tion. Every motive of pride and interest prompted resist- ance. The prejudices of birtli, the strength of the feudal principle, the force of chivalric superstition, the pride of self-reliance gave keener edge to the apprehension of losing an assured source of revenue. The right of granting the wager of battle was one of those appertaining to the 7iai£/8- justiciers^ and so highly was it esteemed that paintings of champions fighting frequently adorned their halls as em- blems of their prerogatives ; Loysel, indeed, deduces from it a maxim, ''The pillory, the gibbet, the iron collar, and paintings of champions engaged, are marks of high Juris- diction."^ This right had a considerable money value, for the seigneur at whose court an appeal of battle was trieil received from the defeated party a fine of sixty livres if ho was a gentleman and sixty sous if a roturier, besides a perquisite of the horses and arms employed, and heavy mulcts for any delays which might be asked." Nor was this all, for during the centuries of its existence there had grown and clustered around the custom an immeasurable mass of rights and privileges which struggled lustily against destruction. Thus hardly had the ordonnance of prohibi- tion been issued when, in 1260, a knight named Mathieu-le- * Pilori, ^heUe, earqnant, et peintarM de ohamplonfl oombatUuis aoni mftrqa^i de hanU Juitie*. — InitiL Ooutam. Lir. ii. TiL li. Reglo 47. * BeMtmADoir, op. oit. ohap. lxi. §4 11, 12, IS. In Normandy, Uiom advantage were enjoyed by aU leigneurf Jnatlolen . « TuU oheraUer el tuii lergont onl en lenre lerros lenr Jastloe de baiaiUe en enuse eiteaine ; el quant U obampione eera Yalnons, U auront LX. lols et I denier de la r^r^andiae." — Kiab. de Normaadie (Bd. Marnier, p. SO). Those minutely lubdirided and pareelled out Juricdiollona were one of Uie most prolifio oanses of debate during the middle ages, not only on aoeount of the power and influenoe, but also from the proSls derived from them. That the prtrilege of deoreeing duels was not the least remnneratire of these rights Is well manifested by the deoision of an inquest held during the reign of Philip Augustus to determine the oonfliotlng Jurisdiotions of the duoal court of Nor- mandy and of tbe seigneurs of Vernon. It will be found quoted in Aill by Beugnot in his notes to the Olim, T. I. p. 9t9. RB8I8TAN0X OF VBUDALI8M. 155 Yoycr nctimlly bronght snit against the king for tho loss it inflicted npon him. He dolefully set forth that he en- jo3'ed the privilege of guarding the lists in all duels adjudged in tho royal court at Corbon, for which he was entitled to receive a fee of five sous in each case ; and, as his occupation thns was gone, he claimed compensation, modestly suggest- ing that he bo allowed the same tax on all inquests held under the new law.* But the loss of money was less important than the cur* tailment of privilege and the threatened absorption of power of which this reform was the precursor. Every step in advancing the influence of peaceful Justice, as expounded by the Jurists of the royal courts, was a heavy blow to the independence of the feudatories. They felt their ancestral rights assailed at the weakest point, and they instinctively recognized that, as the Jurisdiction of the roj'al bailiff's became extended, and as appeals to the court of the Parlo- mcnt of Paris became more frequent, their importance was diminished, and their means of exercising a petty tyranny over those aronnd them were abridged. Entangled in the mazes of a code in which the unwonted maxims of Roman law were daily quoted with increasing veneration, the im- petuous seigneur found himself the prey of those whom he despised, and he saw that subtle lawyers were busily undo- ing the work at which his ancestors had labored for cen- turies. Tliese feelings are well iK>rtrayed in a song of the lieriofi, exhumed not long since by Le Koux de Lincy. Written apparently by one of the suflbrers, it gives so truthful a view of the conservative ideas of the thirteenth century that a translation of the first stanza may not bo amiss : — ' !/•■ Olim, I. 401. li la perhapa naodlasa to luM ihat Mathlon*fl sailwM rcjaeUd. Tbera ara many eaaaa raeordad in iha Olim f bowing iha qaaaitona whieh ftroao and parplaied iha lawjara, and Iha tiranuoaa afforia nada by iha paiiy aaignanra to praaerra thair prtTUagei. 166 THK WAGBB OV BATTLE. Gent de France, mnli eetes eebaliis I Je dl 4 tool 0608 qai Bont ses dee flet, etc.* Ye men of Franoe, dismajed and sore Ye well may be. In sooth, I swear, Gentles, so help me God, no more Are je the freemen that je were I Where Is jour freedom f ye are brooght To tmst jonr rights to inqnest-law, Where tricks and qolbbles set at naught The sword joar fathers wont to draw. Land of the Franks I — no more that name Is thine — a land of slaves art thou, Of bondsmen, wittols, who to shame And wrong mast bend sobmissive now I Even legists — de Fontaines, whose admiration of the Di- gest led him on all occasions to seek an incongruous alliance between the customary and imperial law, and Beaumanoir, who in most things was far in advance of his age, and who assisted so energetically in the work of ccutralization — even these enlightened lawyers hesitate to object to the principles involved in the battle trial, and while disapproving of tlio custom, express their views in language whicli contrasts strongly with the vigorous denunciations of Frederic II. half a century earlier." ■ ReoneU de Ohants HittorlquM Franyals, I. S18.— 1( is not nnreaionable to oonjeotare that these lioea may hare been oeeaaloDed by the eelebratcd trial of Engverrand de Goaey in 1256. On the plea of baronage, he demaoded trial by the Gonrt odPeen, and claimed to defend himself by the wager of battle. BL Lonis proved that the lands held by Bnguerrand were not baroniai, and resisted with the utmost firmness the pressure of the nobles who made oommon eause with the oulprit. On the condemnation of de Ooncy, the Count of Britanny bitterly reproached the king with the degrada- tion inflicted on his order by subjecting its members to inquests.— Beugnot, Olhn I. 964.— Qrandes Ohroniques ann. 1266. * Et se II uns et 1i autres est si enreuds, qu'il n'en demandent nnl amesure- ment entrer pueent par folic en pcrlll de gages.— (Consell, chap. zr. Tit. xxrU.)— Car baiaiUe n*a mle leu oH justise a mesure.— (Ibid. Tit. zxrli.)— Mult a de periz en plot qui est de gages de baiaille, et mult est grans mestiers o'on Toist sagement avant en tei cas. — (CouL Uu Beaur. chap. Izlr. f 1.)— PniLIPPB-LB-BBL. 15T IIow powerful ircro the influences thus brought to bear against tlie innovation is shown by the fact that when the mild but firm liand of St. Louis no longer grasped the sceptre, liis son and successor could not maintain his^ fatlicr*s laws, and allowed himself to preside at a judicial duel alK>ut the year 1283, scarcely more than twenty years after the promulgation of the ordonnance of prohibition.^ The next monarch, rhilip]>c-lc-Bcl, was at first guilty of the same weakness, for when in 1293 the Count of Armagnac accusetl llnyniond llernnrd of Foix of treason, a duel between them was decreed, and they were comiielled to fight iKsforo the King at Gisors; though Robert d'Artois inter- fered after the combat had commenced, and induced Philippe to soparntc the autngonists.* ]Miilip|ic, however, was too astule not to see that his interest lay in humbling feudalism in all lis forms; while tlio rapid exteusiou of the jurisdic- tion of the crown, and the limitations on the scignorial courts, so successfully invented and asserted by the lawyers, acting by means of the Parlement through the royal bailiflls, gave him power to carry his views into effect such as had been enjoyed by none of his predecessors. Able and ^ unscrupulous, he took full advantage of his opportunities in every way, and the wager of battle was not long in ex- periencing the effect of his encroachments. Still he pro- ceeded step by step, and the vacillation of his legislation shows how obstinate was the spirit with which he had to deal. In 1296 he prohibited the judicial duel in time of war,* and in 1303 he was obliged to repeat the prohibition.* Car «• B*Mi pM eoM leloDe Bia d« ■onfrlr gages on peiiU qaenio de moablot o« d*eriUigef; mala eovfiamo let raefre da rUaiaa eat da eriama. — Ibid, abap. vi. f 31. * Deaamanolr, op. eii. ehap. Izl. f 03. * Grandaa Cbroniqaaa, T. IV. p. 104. * Qaod doranta gnaira regit, inter allqnoa gagia dneUI naUatanai adnli- taatar, oad qnilibei in onrlla regia ei anbditornm aaomm Jat anvn via ordl- •aria protaqaalar.— laambort, II. 702. ' Ibid. II. S06. 14 158 TUB WAOSU or battle. It was probably not long after this that he interdicted the duel wholly* — possibly impelled thereto by a case occurring in 1808, in which he is described as forced to grant the combat between two nobles, on an accusation of murder, very greatly against his wishes, and in spite of all his c Jbrts to dissuade the apixillant.* In thus abrogating the wager of battle, PhilipiKyle-Bcl was in advance of his age. Before throe years were over he was forced to abandon the position he had assumed; and though he gave as % reason for the restoration of the duel that its absence had proved a fruitful source of en- couragement for crime and villany,* yet at the same time he took care to place on record the assertion of his own conviction that it was worthless as a means of seeking Justice.* In thus legalizing it by the Ordonnanco of 1806, * I bAT« not been ablo to find ihia Ordonnanoo. Lanridre allodet to it (Tabl. del Ordonn. p. 69), bat tbe poiSAgo of Du Oango whiob he oitoa refers only to a prohibition of tonmamenta. The oolleetion of Isambert oontatns nothing of the kind, but that some legislation of this nature aotoally oe- enrred is erident from the preamble to the Ordonnanoe of 1306 — "Baroir faisons qne oomme 9a en arrit^re, pour le eomwun proufBt de nostre roj- aame, nous euMlons deffendu g^n^raument h tons noi subgei toutes manidres de gnerres et tons gaiges de batailles, eto." It is worthy of note that these ordonnanoes of Philippe were no longer oonflned to the domain of the orown, bat purported to regulate the oustoms of the whole kingdom. * Willelml Egmond. Chron. (Matthoi Analoet. IV. 1S5-7.) ' Dont pluseurs roalfaicleurs se sont arauces i«r la force do lenrs eorps et faulx engine k fairs homicides, traysons et tons autros nialcfloof, griofk et exeei, pouroe que quant lis les aroient fais oouirortumont et en repost, ils ne poToient estre oonvaineui par auouns tesmolngs dont par ainsl le mal^ee se tenoit.— Ordonnanoe de 1S06 (Kd. Orapelet, p. 2>. * Oar tntre tons les p6rils qui sont, est oelui que on doit plus eralndre el doubter, dont maint noble s'est trourtf d^eu ayant bon droit ou non, par tropoonfler en leurs engine et en leurs forces on par lenrs ires oultreeuid^os. — Ibid. p. 84. A few lines Airtber on, however, (he Ordonnanco makes a eon- eesslon to the popular superstition of the time in oxpregsing a conviction that those who address themselves to the combat simply to obtain Justice may ox- peot a speoUl interposition of Providence in their favor. * * Bt se 1* inUressd, sans orgueil ne maltalent, pour son bon droit settlement, requiert bataiile, ne doit doubter engin ne force, car le vrny Juge sera pour luy.** PniLIPPB-LB-BBIi. 159 hoircTcr, he by no means replaced it on its former footing. It was restricted to criminal cases inyolving tlie deatli penalty, excepting theft, and it was only permitted when the crime was notorious, the guilt of the accused probable, and no other evidence attainable.* The ceremonies pre- scrilwd, moreover, were fearfully expensive, and put it out of the reach of all except the wealthiest pleaders. As the Ordonnancc, which is very carefully drawn, only refers to ap|>onls made b}' the prosecutor, it may fairly bo assumed that the defendant could merely accept the challenge and had no right to offer it. Even with these limitations, Philippe was not disposed to sanction the practice within the domains of the crown, for, the next 3*ear (130t), we find him commanding the sene5i<*hnl of Toulouse to allow no duel to lie adjudged in his court, but to scud all coses in which the combat might arise to the Parlement of l*aris for decision.' This was equivalent to a formal prohibition. During the whole of the period tmder consideration, numerous causes came before the Parlement conceniing challenges to battle, on appeals from various Jurisdictions throughout the country, and it 18 interesting to observe how uniformly some valid reason was found for its refusal. In the public register of deci- sions, extending from 1254 to 1318, no single instance of its permission is to be found." The civil lawyers compos- * Or«loiinaiie« d« 1306, enp. 1. • Itambert, II. 850. * 8m I«m OUtii, pouim. Two Jiid|(ineot« of the rarlement in 1 S09 ihow ih* obMrrane* of ih« Ordonniuiee of 1806, for, whilo admUtlng thai Iho doel eonid !•!(• plaeo, the easei aro loUlad bj inqooti, m oapoblo of proof bj in- ▼etiigiiiioii. In another intiaaoo, bowerer, Uio appellant If fined at the plearare of fho king, for ehallengins bis opponent withoat dne gronadn. (OHm, III. 381-7.) Confliderable Ingenuity wae manlfeeted by tbo Parle- ment in thoi anlfomly finding some luflleient ezeuio for reAielng tbo dnel in tbo raft rarlety of eaves brought before It. This Is somotlmts efleeted by denying the Jurbdiotlon of the eonrt whieb had granted It, and sonetlmes for other reasons more or less frlrolons, the erldent Intention dieeemlble In all the arrets being to restriot tbo custom within limits to narrow as to render It praelieally a nollily. ICO THK WAOEE OP BATTLE. ing that powerful body knew too wcU Uic work for wliu-h they were destined. In Bpite of these efforts, the progress of reform was alow. On the breaking out afresh of the perennial eontcst with Flanders, Plulip|)e found himself^ in 1314, obliged to repeat his order of 1296, forbidding all judicial eombats during the war, and holding suspended such as were in pro- gresa.' As these duels eould have little real importance in crippling his military resources, it is CTident that he seized such occasions to accomplish under the war power what his peaceful prer<^;atiye was unable to effect, and it is a striking manifestation of his zeal in the cause, that he could turn aside to give attention to it amid the preoccu- pations of the exhausting struggle with the Flemings. Yet how little impression he made, and how instinctively the popular mind still turned to the battle ordeal, as the surest resource in all cases of doubt, is well illustrated by a passage in a rhyming chronicle of the day. When the close of Philippe's long and prosperous reign was dark- ened by the terrible scoudul of his throe daughters-iu-law, and two of them wore convicted of adultery, Qodefroy de Paris makes the third, Jeanne, wife of Philippe-lo-Long, offer at once to prove her innocence by the combat : — Gentll roj, Je voiu reqaler, sire, Qae Tons m'oyei en deffendant. Be nal on Dnle demandant Me rait ehose de manrestie, Hon oner sens ai par, al haltie, Qae bonement me delleudrai, Oa tel ohampioa bailleral, Qui bien saara moa droit deffendre, 8'il voaa plest 4 moa gage prendre.* The iron hand of Philippe was no sooner withdrawn than the nobles made de8i)erate efforts to throw off the ' liambert, HI. 40. * Chroniqoe M6iriqae, I. 6375. RSAOTTON UNDKR LOUTS X. 161 yoke which he had so skilfully and relentlessly imposed on them. His son, Lonis-le-IIutin, not yet firmly seated on the throne, was constrained to yield a portion of the newly-acquired prerogative. The nobles of Burgundy, for instance, in their formal list of grievances, demanded the restoration of the wager of battle as a right of the accused in criminal cases, and Louis was obliged to promise that they should enjoy it according to ancient custom.^ Those of Amiens and Ycrniandois were equally clamorous, and for their l3cnent he re-enacted the ordonnance of 1306, per- mitting the duel in criminal prosecutions, where other evidence was dcncieiit, with an important extension autho- rizing its application to cases of theft, in opposition to previoufl ufiage.* The nobles of Champagne made the same demand, but lionis, by right of his mother, Jeanne de Cliampngnc, was Count of Champagne, and his autho- rity was loss o|)cii to dispute. lie did not venture on a decided refusal, but an evasive answer, which was tanta- mount to a denial of the request,* showed that his previous concessions were extorted, not willingly granted. Not content with this, the Champenois repeated their demand, and received the dry response, that the existing edicts on the subject must be observed.* The threatened disturbances were avoided, and during the sitccee<1ing years the centralbsation of Jurisdiction in the royal courts made rapid progress. It is a striking evi- dence of the successful working of the plans of St. Louis and riiilipixslc-Bel that several ordonuances and charters granted by Philippe-le-Long in 1318 and 1319, while pro- * 81 iiami a« gag* d« twUUIe, dohi TOvUoni qa« U en vtMii, ■! eomin* Tttt fetoil Mieiennemetii. — Ordonn. ArrH 1316, enp. 1. (iMmbori, III. 03.) * Novi TooHont 9% ociroioni que tn om d« marlro, de Urreein, de rapt, de Iftthieon el de roberte, gage de baiaille soil oareri, le 1e« eni ne ponrolenl etire pronret par teenoingt — Ordonn. 15 Mai 1315. (Iflamberi III. 74.) ■ Ordonn. Mnl 1315. P. i. ohap. 13. (iMmbert III. 00.) * Ibid. P. If. ehap. 8. (Itamberl III. 05.) 14* 1C2 THK WAOBR OF BATTf.K. mising reforms in the proceclnrcs of the ImiliflTs and senes- chals, and in the manner of holding inquests, are wholly silent on the subject of the duel, affording a fair inference that complaints on that score were no longer made.* Phi- lippe of Yalois was especially energetic in maintaining the royal Jurisdiction, and when in 1330 he was obliged to re- strict the abusive use of appeals from the local courts to the Parlement," it is evident that the question of granting or withholding the wager of battle had become practically a prerogative of the crown. That the challenging of witnesses must ere long have fallen into desuetude is shown by an edict of Charles YL, issued in 1396, by which he ordered that the testimony of women should be received in evidence in all the courts throughout his kingdom.* Though the duel was thus deprived, in France, of its importance as an ordinary legal procedure, yet it was by no means extinguished, nor had it lost its hold upon the confidence of the people. An instructive illustration of this is afforded by the well-known story of the Dog of Montargis. Thougli tlie learned Bullet* has denionstmted the fabulous nature of this legend, and has traced its pa- ternity up to the Carlovingian romances, still the fact is indubitable that it was long believed to have occurred in 1371, under the reign of Charles-le-Sage, and that authors nearly contemporary with that period recount the combat of the dog and the knight as an unquestionable fact, ad- miring greatly the sagacity of the animal, and regarding as a matter of course both the extraordinary judicial pro- ceedings and the righteous judgment of Qod which gave the victory to the greyhound. In 138G, the Parlcmont of Paris wai9 occupied with a subtle discussion as to whether the accused was obliged, in cases where battle was gaged, to give the lie to the * IiamlMrt, III. ]0e-231. * Orddnn. « Mat ISSO (Iiambert, IV. 860). * N«ron, B^oeil d']£dite, I. 16. * DlnerUtioni aar Ia Mylhologie Fmn^aira. CASK OF JAOQUSB LB ORIS. 168 nppollnnt, under pain of l)cing considered to confess the crime charged, and it was decided that the lie was not essential.* Tlie same jear occurred tlie celebrated duel between the Chevalier de Carronges and Jacques le Gris, so picturesquely described by Froissart, to witness which the King shortened a campaign, and in which the appellant was seconded by Waleran, Count of St. Pol, son-in-law of tlie BlacX Prince. Nothing can well be more impressiye tlian tlie scene presented by the chronicler. The cruelly wronged Dame de Carrouges, clothed in black, is mounted on a sable scaffold, watching the varying chances of the unequal combat between her husband, weokened by disease, and his vigorous adversary ; with the fearAil certainty that, ir might alone prevail, he must die a shameful death and she lie consigned to the stake. Hope grows faint and fniiitcr; a grievous wound seems to place Carrouges at the iiicrcy of his adversary, until at the last moment, when all apiM^annl lost, she sees the avenger drive his sword through the body of his prostrate enemy, vindicating at onoe his wife's honor and his own good cause.* Froissart, however, was rather an artist than an historian ; he would not risk the eflcct of his picture by too rigid an adherence to facts, and he omits to mention, what is told by the cooler Juvenal des Ursins, that Le Gris was subsequently proved innocent by the death-bed confession of the real offender.* To make the tragetly complete, the Anonyme de S. Denis adds that the miserable Dame do Carrouges, overwhelmed with re- morse at having unwittingly caused the disgrace and death of an innocent man, ended her days in a convent.* So striking a proof of the injustice of the battle ordeal is said b}' some writers to have caused the abandonment of the practice; but this, as will be seen, is an error, though no ' ])• li•flri^re, note on Loytol, Instil. Coninm. Lib. Ti. Tit i. R^U St. * FrAlPMrt, Lir. in. ehn|). xlix. {id. Boebon, 1S46.) * niM. 4« Charlep Vf. nnn. ISM. * nifi (!• ChnriM VI. Uv. ti. ehup. Ix. 164 THB WAOKR OP BATTLS. farther trace of the comliat as a Jnilicial procctluro in to lie fonnd on the registers of the Parlcmeut of Paris.* In 1409, the tattle trial was materially limited by an or- donnanee of diaries Y I. proliibiting its employment except when specially granted by the King or the Parlemcnt;* and though the latter body may never haye exercised the privilege thus conferred upon it, the King occasionally did, as we find him daring the same year presiding at a judicial duel between Quillaume Bariller, a Breton knight, and John Oarrington, an Englishman." The English occnpation of France, under Henry Y. and the Regent Bedford, revived the practice, and removed for a time the obstacles to its employment. Nicholas Upton, writing in the middle of the fifteenth century, repeatedly alludes to the numerous cases in which he assisted as officer of the Earl of Salis- bury, Lieutenant of the King of England; and in his chapters devoted to defining the diflbrent species of duel, he betrays a singular confusion between the modem ideas of reparation of honor and the original object of Judicial investigation, thus fiiirly illustrating the transitional char racter of the period.* It was about this time that Pliilippe-lo-Bon, Duke of Burgundy, formally abolished the wager of battle, as far as lay in his jiower, throughout the extensive dombiions of which he was sovereign, and in the Coutunaier of Bur- gimdy, as revised by him in 1459, there is no trace of it to be found. The code in force in Britanny until 1539 ixsr- mitted it in cases of treason, theft, and perjury, — ^the latter, as usual, extending it over a considerable range of civil ' Baehon, KotM to FroiiMurt, H. (17. * Qoe Jamaia nuU n« ftisMni raoeoa an roTaome da Franee )i faira gagaa da baiaUla on Ikiel d'armaa, tinon qa*il y ausl gage Jug4 par la roy, ou la oour da parlameDi. — Juranal do« Urilna, ann. 1409. * Monsirelat, Lir. i. ehap. W. * NIe. Uptont da MiliUrl6ffiolo Lib. ii. oap. Ui. U. (p. 78-73). TUB FIFTSSNTn OKNTURT. 166 m*tiotifiJ In Normandy, the legal existence of the Judicial duel was even more prolonged, for it was not until the revision of the coutumier in 1588, under Henry III., that the privilege of deciding in this way numerous coses, both civil and criminal, was formally abolished.' Still it may lie assnme<l that practically the custom had long been ob- solete, though the tardy process of the revision of the local customs allowed it to remain upon the statute-book to so late a date. The flerce mountaineers of remote Bdam clung to it more obstinately, and in the last revision of their co<le, in 1552, it retains its place as a legitimate means of proof, in default of other testimony, with a heavy penalty on the imrty who did not appear upon the field at the apiM>inted time.* During this long period, examples are to be found which show that although the combat was falling into disuse, it was still a legal procedure, which, in certain cases, could 1)0 claimed as a right, or which could be decreed and en- forced by competent Judicial authority. In 1455, the tri- bunals at Yalenciennes ordered the duel between two bourgeois, of whom one had appealed the other for the murder of a kinsman. Neither party desired the battle, but the municipal government insisted upon it, and fur- nished them with instructors to teach the use of the staff and buckler, allowed as arms. The Count de Charolois, Charlcs-le-Tdmdraire, endeavored to prevent th*e useless cruelty, but the city held any interference as an infringe- ment of its chartered rights ; and, afler long negotiations, PhilipfMyle-llon, the suzerain, authorized the combat, and was present at it, when the appellant literally tore out the ' Trte Aii«ienne Coat d« Bretagne, ehap. 132, 134 (Donrdol de Rieli*. * AiMlenne Coal, de Normendle, ehe|v 63, 68, 70, 71, 73 eio. (Bonrdel de RielieboiirK). * Fort ol Coei. de D^ern, Rabr. de DaUlba (Boardol de Riebebovrg, IT. 1M3). 166 THB WAOSft OF BATTLE. heart of hifl antagonist.* Such incidents among roturicrs, lioweyer, were rare. More freqnently some fiery gentleman claimed the right of vindicating his quarrel at the risk of his life. Thus, in 1482, shortly after the battle of Nancy had reinstated Rend, Duke of Lorraine, on the ruins of the second' house of Burgundy, two gentlemen of tlie vic- tor's court, quarrelling over the spoils of the battle-field, demanded the champ-cloB ; it was duly granted, and on the appointed day the apixsUant was missing, to the great discomfiture and no little loss of his bail.* When Charles d'Armagnac, in 1484, complained to the States Gteneral of the inhuman destruction of his fiunily, committed by order of Louis XL, the Sieur de Castelnau, whom ho accused of having poisoned his mother, the Countess d'Armagnao, appeared before the assembly, and his advocate denying the charge, presented his offer to prove his inno- cence by single combat." In 1518, Ucnry II. of Navarro ordered a judicial duel at Pan between two contestants, of whom the appellant mode default ; the defendant was ac- cordingly pronounced innocent, and was omi>owcretl to drag tlirough all cities, villages, and other places through which he might pass, the escutcheon and effigy of his ad- versary, who was further punished by the prohibition thenceforth to wear arms or knightly bearings.^ In 1538, Francis I. granted the combat between Jean du Plessis * MaUiiea d« Oomuy, eliap. ezlL * D. Oolmet, HUi. de Lorrftia*. By Ui« old German Uw, Ihe bail •t a defaulting eombaianl waa oondemned to loie a hand, whioh, howerer, he bad the priTilege of redeeming at ita legal Talue (Jor. Prorin. Alaman. cap. oeelzzxrl. f SS— Ed. 8ohiller.)i or, aiMordIng to another text, he waa liable to the pnnbhment incarred by hie prinoipal if eonirioted. (Ibid. oap. elxxiii. \ IS— Bd. Benokenberg.) ' Jehan Mateelin, Jonmal dee £tati de Tourt, p. 320. * ArehlTet de Pan, ayud Maanre et Hatoalet, Fore de B^am, p. ISO. There may haYO been something exoeptional in thic oaae, sinee the punish- ment was so mneh more seYore than the legal flae of 16 sous quoted abore. (Fors do Mffrlaas, Ruhr. lY.) TUB 8IXTBXNTH OXNTUBT. 16t and Ganiicr do Dintevillc, which would appear to have been Ihcnttally a Judicial proceeding, since the defendant not appearing at the appointed time, was condemned to dcatli by sentence of the high council, Feb. 20, 1538.* The duel thus was evidently still a matter of law, which yindi* cated its majesty by punishing the unlucky contestant who shrank from the arbitrament of the sword. Allusion has already been made to the celebrated com- bat lietween Chastaigncra3'e and Janiac, in 1547, wherein the death of the fonner, a favorite of Henry II., led the monarch to take a solemn oath never to authorize another Judicial duel. Two 3'ears later, two 3'OYmg nobles of his court, Jacques do Fontaine, Sieur do Fendilles, and Claude des Gucrrcs, Daron do Yicnne-lc-ChAtel, desired to settle in tills ninnuer a disgusting a(*cuRation brought against the latter by the fonner. The king being unable to grant the np])cal, arranged the matter by allowing Robert do la Alarck, Marshal of France and sovereign prince of Sedan, to permit it in the territory of which he was suzerain. Fendilles was so sure of success that he refused to enter the lists until a gallows was erected and a stake lighted, where his adversary alter defeat was to be gibbeted and burned. Their only weapons were broadswords, and at the first pass Fendilles inflicted on his opponent a fearf\il gash in the thigh. Pes Gucrres, seeing that loss of blood would soon reduce him to extremity, closed with his an- tagonist, and lictng a skilful wrestler, s^iecdily threw him. Uctlucc<1 to his natural weaiions, he could only inflict blows with the fist, which failing strength rendered less ^ and less eflbctive, when a scaffold crowded with ladies and gentlemen gave way, throwing down tho spectators in a shrieking mass. Taking advantage of the confusion, the friends of des Gucrres violated the law which imposed ab- solute silence and neutrality on all, and called to him to ' D. Cftlmet, llisi de Lorraine 168 TUB WAQXB OF BATTLB. blind and snffocate his adversary with aand. Dca Qucrrcs promptly took the hint, and Fendillca auccambcd '4b this onknightly weapon. Whether he formally yielded or not was disputed. Des Guerrcs claimed that he should un- dergo the punishment of the gallows and stake prepared for himself, but de la Marck interfered, and the combatants were both suffered to retire in peace.* This is the last recorded instance of the wager of battle in France. The custom appears never to have been formally abolished, and so little did it represent the thoughts and feelings of the age which witnessed the Reformation, that when in 1566, Charles IX. issued an edict prohibiting duels, no allusion was made to the Judicial combat. The encounters which he souglit to prevent were solely those whicli arose from (loiutH of honor between gentlemen, and the offended ]>arty was onlered not to appeal to the courts, but to lay his case before the Marshals of France, or the governor of his province.* The custom had died a natural death. No ordonnance was necessary to abrogate it ; and, seemingly from forgetful- ness, the crown appears never to have been divested of the right to adjudge the wager of battle. In Hungary, it was not until 1492 that any attempt was made to restrict the Judicial duel. In that year, Yladislas II. prohibited it in cases where direct testimony was pro- curable; where such evidence was unattainable, he still permitted it, both in civil and criminal mutters, and ho alleged as his reason for the restriction, the frauds occa- sioned by the almost universal employment of champions. The terms of the decree show that previously its use was general, though he declared it to be a custom mikuown ' BrantOms, Biiooara gar leg I)a»1i. An Mooant of this duel, pubUghed Bi S«dan, in 1620, r»i»rMcnU U ni rctalUng laag honorably to Fondillof. Ho if ihoro MMrtod to hnTo formaUy gabmiitod, and to Iwto boon oontompl- voafly toMod oni of tho Ibto Ulio a gacl[ of com, dog Qaorroa marohlng off trlompbantly, oaoortod with trampota. * Funlanon, I. 60&. n UNO ART — ITALY — RUSSIA. 169 elsewhere.* Even the precocious civilizatioii of Italy, which tisnaify ])rcferred astuteness to force, could not shake oiT the traditions of the Lombard law until the sixteenth cen- tury. In 1505, Julius II. forbade the duel under the seve- rest penalties, both civil and ecclesiastical, in a decretal, of which the expressions allow the fair conclusion that until then the wager of battle was still in some cases em- ])loycd as a legal process within the confines of the pontifical states.* In Russia, under the code known as the Oulogenid Za- konof, promulgated in 1408, any culprit, after his accuser's testimony was in, could claim the duel ; and as both parties went to the field accompanied by all the friends they could muster, the result was not infrequently a bloody skirmish. Tliese abuses were put an end to by the Soudebtnick, is- sued in 1650, and the duel was regulated after a more decent fashion, but it continued to flourish legally, until it was finally abrogated in 1640 by the Czar Alexis Mikhailo- witch, in the code known as the Sobornoid Oulogenid. The more enlightened branch of the Sclavonic race, however, the Poles, abolished it in the fourteenth century; but Macieiowski states that in Servia and Bulgaria the custom has been preserved to tlie present day.* In other countries, the custom likewise lingered to a comparatively late iicriod. Scotland, indee<1, was some- what in advance of her neighbors; for in the year 1400, the Parliament showed the influence of advancing civillza- ' Q«U in dacltonim dlmleaifoti* plarfoiB hfno Ind* fhi«dM •ommiUl pot- rant ; raro •nin UH InUr qooc fliad fll jadteiom p«r m dtotrlnnt, ttd pagl- 1m eondnennt, qvf nonnanqnam dotoo, fiiToro, •% pr«MBi«b ooimmpiintar. — L. Utadlf. II. e. ix. (Batthyanl, I. 631). * Dvalloraoi •! gtudlatonini liajiifmodi vtvn dannamai at Improbanvi, •i In UrHt Rom. Beelatis mtdiato ▼•! Imnodlato rabjaetli .... a qnaaanqaa eanm, cilam a l«glba« parnttfa, florl omnlno prohlb«miu. — Can. Rogia Paeitol. Da DaeUo, In SapUmo. " Wor tiiaaa daUlla I am Indebied io Dn Dojt, Droit Criminal dai Panplaa Modtmai. I. 011-17,650. 15 no TUB WAQSB OF BATTLB. tion by limiting tho practice in several im]>ortant particn- iars, irhichi if strictly observed, must iiave almost rendered it obsolete. Four conditions were pronounced essential prerequisites : tlie accusation must be for a capital crime; the offence must have been committed secretly and by treachery ; reasonable cause of suspicion must be shown against the accused, and direct testimony both of witnescss and documents must be wanting.* Still the ^^perfervida ingenium Scotomm" clung to tho arbitrament of the sword with great tenacity. Knox relates that in 1562, when the Earl of Arran was consulting with him and others respecting a proposed accusation against Bothwell for high treason arising out of a plan for seizing Queen Mary which Bothwell had suggested, the Earl re- marked, "I know that he will offer the combate unto me, but that would not be suffered in France, but I will do that which I have proposed." In 1567, also, when Bothwell underwent a mock trial for the murder of Daruley, he offered to Justify himself by tlie duel; and wlicu tlie Lords of the Oougrogutiou took up anus against hiui, alleging as a reason the murder and his presumed designs nguinsi the infant James II., Queen Mary's proclamation against tho rebels recites his challenge as a AiU disproval of the charges. When the armies were drawn up at Carberry Hill, Both- well again came forward and renewed his challenge. James Murray, who had already offered to accept it, took it up at once, but Bothwell refused to meet him on account of the inequality in their rank. Murray's brother, William of Tullibardin, then offered himself, and Bothwell again declined, as the Laird of Tullibardin was not a peer of the realm. Many nobles then eagerly proposed to take his place, and Lord Lindsay esi)ecially insisted on being al- lowed the privilege of proving the charge on Bothwell's ' SUiui. BoberU III. Oftp. lit ENGLAND. ITl iKMly, but the Inttcr delayed on viir^oiifl pretexts, until Qitccn Mnry ttos able to prohibit tbe combat^ In England, the resolute conservatism, which resists innovation to the last, prolonged the existence of the wager of battle until a period unknown in otlier civilised nations. At the close of the fourtcentli century, when France was engaged in rendering it rapidly obsolete, Thomas, Duke of Gloucester, dedicated to his nephew Richard II., a treatise detailing claliorately the practice followed in the Marshal's court with res^xsct to judicial duels." Even a century later, legislation was obtained to prevent its avoidance in certain cases. The ^^ Statute of Gloucester" (6 Ed. III. cap. 9), in 1333, had given to the appellant a year and a day in which to bring his appeal of murder — a privilege allowed the next of kin to put the accused on a second trial after an acquittal on a public indictment — which, as a private suit, was usually determined by the combat In practice, this privilege was generally rendered unavailing by postponing the public prosecution until the expiration of the delay, so as to prevent the appeaL In 1488, however, the Act 8 llcnry YII. cap. 1, ordered that all indictments should bo prosecuted forthwith, and that the appellee should not be permitted in appeals to plead his previous acquittal." With the advance of civilization and refinement, the cus- tom gradually declined, but it was not until the time of Klixalicth that it was even alK>lishcd in civil cases. In 151fl this was brought about, as Spclman says, ^^non sine magna Jurisconsultorum perturbatione," in consequence of its em- ployment in the case of Low et al. vs. Paramore. To de- termine the title to an estate in Kent, Westminster Hall was forced to adjourn to Tothill Fields, and all the forms of a combat were literally enacted, though an accommodar * Knoz'ii nut. of Rtform. in SeoUand, i»p. SSS, 446-7. * Spelman (IIIom. t. r. CampH$) glvM a Laiin traatlmilon of Uiia InUrwI- ing (Wameiit, frooi a MS. of ib« period. * I. DarnairAll 4 AMeraon, 425. 112 tus waqsb op battls. tlon bctwocn the parties saved the skulls of their dioin- pions.* Yet even then it was not thought advisable to extend the reform to the criminal law. A curious custom, peculiar to the English Jurisprudence, allowed a man indicted for a capital offence to turn '^ approver," by confessing the crime and charging or appealing any one he chose as an accom- plice, and this appeal was usually settled by the single combat. This was sufficiently fluent to require legisla- tion as late as the year 1599, when the Act 41 Eliz. chap. 8 was passed to regulate the nice questions which attended appeals of several persons against one, or of one person against severaL In the former case, the appellee if victori- ous in the first duel was acquitted; in the latter, the apixil- lor was obliged to fight successively with all the apiiellees.* Even in the seventeenth century, instances of the battle ordeal between persons of high station are on record, and Sir Matthew Hale, writing towards the close of the century, feels obliged to describe with considerable minuteness the various niceties of tlie law, though ho is able to sjicak of the combat as " an unusual trial at tliis day.'" In 1774, the subject incidentally attracted attention in a manner not very creditable to the enlightenment of English legislation. When, to punish the rebellious Bostonians for destroying the obnoxious tea, a '^Bill for the improved administration of Justice in the Province of Massachusetts Bay" was passed, it originally contained a clause depriving the New Englandcrs of the appeal of murder, by which, it will be remembered, a man acquitted of a charge of murder could be again prosecuted by the next of kin, and the ques- tion could be determined by the wager of battle. The denial of this ancestral right aroused the indigimtion of the liberal party in the House of Commons, and the point * Sptlman. OIom. p. 103. * Hftle, PlM« of ih» Crown, 11. ohap. zsiz. " Loo. oil. THIS NINKTKKNTn OKNT0RT. 173 was warmly contested. The learned and eloquent Dunning, afterwards Lord Ashbnrton, one of the leaders of opposi- tion, defended the ancient custom in the strongest terms. ^* I rise," said he, ^^ to support that great pillar of the con- stitution, the appeal for murder ; I fear there is a wish to establisli a precedent for taking it away in England as well as in the colonies. It is called a remnant of barbarism and gothicism. The whole of our constitution, for aught I know, is gothic I wish, sir, that gentlemen would be a little more cautious, and consider that the yoke we are framing for tlie despised colonists may be tied round our own necks I" Even Burke was heard to lift a warning voice against the proposed innovation, and the obnoxious clause had to be struck out before the ministerial majority could pass the bill.* Soniothiug was said about reforming the law throughout the empire, but it was not done, and the beauty of the *^ great pillar of the constitution," the apfx^al of murder, was shown when the nineteenth century was disgraced by the resurrection of all the barbaric elements of criminal Jurisprudence. In 1818, the case of Ashford vs. Thornton created much excitement. Ashford was the brother of a murdered girl, whose death, under circumstances of peculiar atrocity, was charged upon Thornton, with every appearance of probability. Acquitted on a Jury trial, Thornton was appealed by Ashford, when he pleaded ^^Not guilty, and I am ready to defend the same by my body." After elaborate argument. Lord Ellcn1)orough, with the unanimous assent of his brother Justices, sustained the appellee's right to this as ^Hhe usual and constitutional mode of trial," cxi>ounding the law in almost the same terms as those which we read in Bracton and Beaumanoir.* The curious crowd was sorely disappointed when the appellant withdrew, and the ■ C»mpb«n*f Livei of iht ChMOcUort of Biig1«nd, VI. IIS. « I. Dtrnswalt 4 Alderton, 4S7. 15* n4 TnS WAQSR OF BATTLff. chief Justioe was rcUoyed fV'om the necessity of prcsidhig oyer a gladiatorial exhibition. A similar case occurred almost simultaneously in Ireland, and the next year the act 59 Oeo. III. chap. 46, at length put an end for ever to this last remnant of the age of chiyalry.* * Cuipbdl, Chkf JuUam. m 109. III. THE ORDEAL. It is only in an age of high and rcflncd mental enltnro that man, unassisted by direct inspiration, can entertain an adequate conception of the Supreme Being. An Omnipo- tence tliat can woric out its destined ends, and yet allow its mortal creatures free scoj^c to mould their own fragmen- tary iK)rtions of the great whole ; a Power so iuflnitcly great that its goodness, mercy, and Justice are compatible with the existence of evil in the world which it has formed, so that man has full liberty to obey the dictates of his baser passions, without being released from responsibility, and, at the same time, without disturbing the preordained re- sults of Divine wisdom and bcneflccncc — these arc not the ideas which prevail in the formative periods of society. Accordingly, in the earlier epochs of almost all races, a belief in a Dinne Being is accompanied with the expecta- tion that special manifestations of power will be made on all occasions, and that the iuteq)osition of Providence may Ims had for the asking, whenever man, in the pride of his littleness, condescends to waive his own Judgment, and undertakes to test the inscrutable ways of his Creator by the touchstone of his own limited reason. Thus miracles come to l>e exi)ected as matters of every-day occurrence, and the laws of nature are to be sus])ended whenever man chooses to tempt his Qod with the promise of right and the threat of injustice to l)e committed in Tlis name. To these elements of the human mind is attributable the 17G TnX ORDSAL. almost universal adoption of tho so-oallcd Judgment of God, by which men, oppressed with doubt, have essayed in all ages to relieve themselves Arom responsibility by calling in the assistance of Heaven. Nor, in so doing, have they seemed to appreciate, the self-exaltation implied in tho act itself, but, iii all humility, have cast themselves and their sorrows at the feet of the Qreat Judge, making a merit of abnegating the reason which, however limited, has been bestowed to be used and not rejected. In the Car- lovingian Capitularies there occurs a passage, dictated doubtless by the spirit of genume trust in Qod, which well expresses the pious sentiments presiding over acts of tho grossest practical^ impiety. ^^Let doubtfUl cases be deter- mined by the Judgment of Qod. The Judges may decide that which they clearly know, but that which they cannot know shall be reserved for Divine Judgment. Whom Ood hath kept for his own judgment may not be condemned by human means. 'Therefore judge nothing before the time, until the Lord come, who both will bring to light tho hidden things of darkness, and will make manifest the counsels of the hearts.' "» (1 Cor. iv. 5.) With but one exception, the earliest records of the human race bear witness to the existence of the suix^rstition thus dignified with the forms of Christian faith, and this exce^v tion, as might be anticipated, is Airnished by China. Her strange civilization presents itself, in the Sacred Books collected by Confucius five hundred years before tlie Chris- tian era, in nearly the same form as it exists to this day, guided by a religion destitute of life, and consisting of a system of cold morality, which avoids the virtues as well > i«l]i Amblgvif, Del jadioio tftwiax MnieniU. Qood o«rU agaoMviii •no, qaod noMiani diTino rttierTsni Judioio. Qaoaiam son poiatt hnmano oondomnari oxftmine qa«m Deua tvo Judioio raaerraviL InoorU namqa* noD dtbomns Jadio*r« qaoadusqu* ▼•niai Dominiu, qni laUnUa produoat ia loeom, ot inlamioabil abtooDdita Unebraram, at maaifMUbil oooiUla oor- diam.*'— Cflfit. Lib. ri\. cap. M9. oniNA — indiAm If 7 . nfl the orrors of more imagiiiativc And generous faith. In the most revered and authoritative of the Chinese serip- turcs, the Chon-Ktng, or Holy Book, of which the origin is lost In fabulous antiquity, we find a theo-i^hilosophy recognizing a Supreme Power (Tai'-Ki) or Heaven, which is pure reason, or the embodiment of the laws and forces of Nature, acting under the pressure of blind destiny. Trace back the Chinese belief as far as we may, we cannot get behind this refined and philosophical scepticism. The flowery kingdom starts from the night of Chaos intelleo- tually full-grown, like Minerva, and from first to last there is no semblance of a creed which would admit of the direct practical intervention of a higher power. The fullest ad- mission which this prudent reserve will allow Is expressed by the legislator Mou-Vang (about 1000 J). C.) in his in- structions to his Judges In criminal cases: **Say not that Heaven is unjust — ^it is that man brings these evils on him- self. If it were not that Heaven inflicts these severe pun- ishments, the world would be ungoverned.'" In Uie modem penal code of China there is accordingly no allusion to evidence other than that of witnesses, and even oaths are neither required nor admitted in judicial proceedings.* When we turn, however, to the other great source oc Asiatic jurisprudence, whose fantastic intricacy forms so strange a contrast to the coeval sober realism of China, we find in the laws of Manu abundant proof of our general proposition. There is no work of the human intellect which oflcrs so curious a field of speculation to the stu- dent of human nature; none in which the transitions are so abrupt, or the contradictions so startling, Ixstween the most sublime doctrines of spiritual morality, and the grossest forms of jnierile sui)erstition ; between elevated precepts of universal Justice, and the foulest partiality in ' CboQ.King, Pari IT. ebiip. S7 4 SI (after Ooabn'i trantlaUon). * BlMHion, Penal Coda of China, p. 3A4. 1T8 THB ORDSAL. spcciflo cases. Its very complexity reveals a liig^lily civi- lized state of society, and the customs oud observances which it embodies are evidently not innovations on an established order of things, but merely a compilation of regulations and procedures established through previous ages, whose origin is lost in the trackless deptlis of remote antiquity. When, therefore, we see in the Hindoo code the same strange and unnatural modes of purgation which two thousand years later* greet us on the threshold ot European civilization, adorned but not concealed by a thin veil of Christianized superstition, the coincidence seems more than accidental. That the same principle should Iks at work in each, we con account for by the general tenden- cies of the human mind; but that this principle should manifest itself under identical forms in races so far re- moved by time and space, offers a remarkable confirmation of the community of origin of the great Aryan or Indo- Qermanic family of mankind. In the following texts, the principal forms of Ordeal prescribed are x)recisely simi- lar to the most popular of the mediaeval Judgments of Qod:— ''Or, aooording to the nature of the case, let the Jadge oause him who It under trial to take fire in his hand, or to plange in water, or to touch aeparateljr the heads of his children and of his wife. ''Whom the flame bumeth not, whom the water rejects not (torn its depths, whom misfortune overtakes not speediljr, his oath shall be reoei?ed as undoubted. **When the Rich! Vatsa was accused by his jrouug half-brother, who stigmatized him as the son of a 8oftdra, he sware that it was false, and passing through flre proved the truth of his oath ; the Are, which attests the guilt and the innocence of all men, harmed not a hair of his head, for he spake the truth."* ' Sir William Jonei plaocs the oompoiition of the Lawi of Mann aboai 880 B. 0. Moro rooont inToatigatort, howevor, haro arrivod at tho oonola- ■ion, that tho7 are anlorlor to tho Ohriitian ora hj at l«ast thirtoon ooa- tnrioi. * Lawsof Mana, Bookriii. t. 114-116 (after Dolongohamp's traaslation). INDIA — SOTPT. 179 That this was not merely a theoretical ii^anctlon is shown by a subsequent provision (Book YIII. y. lOO), enjoining tlie ordeal on both plaiiitiff and defendant, even in certain civil cases. From tBe immutable character of Eastern institutions, we need not be surprised to see the custom flourishing in India to the present day, and to And that, in the i>opular estimation, the right of plaintiff or defendant, or the guilt or innocence of the accused is to be tested by his ability to carry red-hot iron, to plunge his hand unhurt in boiling oil, to pass through fire, to remain under water, to swallow consecrated rice, to drink water in which an idol has been immersed, and by various other forms which still preserve their hold on public veneration,* as many of them did within five or six centuries among our own forefathers. The numerous points of resemblance existing between the Indian and Egyptian civilizations, which render it pro- bable that the one was derived from the other,, lead us also to presume that these superstitions were common to both races. Detailed evidence, such as we possess in the case of Ilindostan, is, however, not to be expected with regard to Egypt, of which the literature has so utterly perished; but an Incident related by Ilcrodotus shows us that the same belief existed in the land of the Pharaohs, in at least one form, and tliat in Judicial proceedings an appeal was occasionally made to some dcit}', whose rc8|K>nse had all the weight of a legal Judgment, a direct intcqK)8ition of the divinity being exixsctcd as a matter of course by all parties. King Amasis, whose reign immediately preceded the inva- sion of Cambyses, *4s said to have been, even when a ' T1i« pftrrilth or ordefti ti preieribsd In lli« modorn Iflndoo law In all CMeti eWil and criminal, which cannot be f«Uled bj wriilen or oral OTldonco or hj oath. It It ■ometimet Indicated for (be plaintiff and »ometiraea for the defendant. —Gentoo Code, nalhed's Tran«la(ion, ehap. lit 44 b, 6, 9, 10; ohep. xtHI. (B. I. Company, I^ndon, 1770.) The different fomii of ordeni will bo fonml deforlbed In aia<1win*f Tranilatlon of the ifyMw AkUrp, or Inatitntetof the Sultan Akbar, Vol. II. pp. 400 «|(|. (London, 1800.) 180 TUS OUDSAL. private person, fond of drinking and jesting, and by no means inclined to serious business ; and wlien tiie means failed him for the indulgence of his appetites, he used to go about pilfering. Such peVsons as accused him of having their property, on his denying it, used to take him to the oracle of the place, and he yruH oftentimes convicted by tlie oracles, and oftentimes acquitted. When, therefora, he had come to the throne, he acted as follows : Whatever gods had absolved him from the charge of theft, of their temples he neither took any heed, nor contributed anything toward their repair; neither did he frequent them nor offer sacri- fices, considering them of no consequence at all, and as having only lying responses to give. But as many as had convicted him of the charge of theft, to them he |mid the highest respect, considering them as truly gods, and deli- vering authentic responses.''* A passing allusion only is necessary to the instances, which will readily occur to the Biblical student, in the Ilebrew legislation and history. The bitter water by which conjugal infidelity was revealed (Numbers v. 11-31), was an ordeal i)uro and simple, as were likewise tlie 8i)ecinl cases of determining criminals by lot, such as that of Achau (Joshua vii. lG-18) and of Jonathan (I Samuel xiv. 41, 42), — precedents which were duly put forward by the monkish defenders of the practice, when battling against the efforts of the Papacy to abolish it. Looking to the farthest East, we find the belief in full force in Japan. Fire is there considered, as in India, to bo the touchstone of innocence,' and other superstitions, less dignified, have equal currency. The goo^ a paper inscribed with certain cabalistic characters, and rolled up into a bolus, when swallowed by an accused person, is believed to afford him no internal rest, if guilty, until he is relieved > Euterpe, 174 (Onry'i iranslniion). * Kiinigtworter, ^tudea Uutoriquea gar !• Dtfveloppeinsiit d» U SooUU IIumaiDO, p. 203. JAPAN — THIBET — THE 0UEBBE8. 181 by confession; and a beverage of water in which the goo has been soaked is attended with like happy effects.* The immobility of Japanese customs authorizes us to con- clude that these practices have been observed from time immemorial.* In Pegu, the same ordeals arc employed as in India, and Java and Malacca are equally well supplied.* Thibetan justice has a custom of its own, which is literally even- handed, and which, if generally used, must exert a iK>werful influence in repressing litigation. Both plaintiff and de- fendant thrust their arms into a caldron of boiling water containing a black and a white stone, victory being assigned to the one who succeeds in obtaining the white.^ Among the crowd of fantastic legends conceniing Zoro- aster is one which, from its resemblance to the ordeal of Arc, may lie regarded as indicating a tendency to the same form of suiterstition among the Oucbres. They relate that, when an infant, he was seized by the magicians, who pre- dicted his future supremacy over them, and was thrown upon a blazing Are. The pure element refused to perform its ofllce, and was changed into a bath of rose-water for the wonderful child.' ' CoUIn d« Planoy, DiotloBBftir* InfeniAl, pp. S56 and S06. ' Th« praMrraUoB of tha «te/w« in fno if amply proTldad Ibr in Japan. Any fnnoilonary of Uia govornment, bowtTor oxaltad, who aiUmpU an Inno- ▼atlon, if forUiwUh reported to beadqnarterf and oapitally eentenced. Bven in tho mpreme oonnell, a member wbo propofes an alteration in tbe existing ftate of aflairf losef hie life if it if not adopted ; while, on tbe other band, tho SUogoon or Emperor if pnt to death if he rejeeta fneh an alteration afler it has pafflod the eonneil, on hit rejection being dlsapproTod by an interior committee, eonfisting of his relatlTef . If hie action be anstained by thif com- mittee, then all who voted for tbe nnsQceeMfal meiumre in tbe fopremo oonncil are liable to tbe eame (ate. (Perry *f Japan Expedition, I. 16, 17.) Under these regnlaUona, existing institntions may be regarded af almost imperishalfle. ' Ktfnigtwarler, op. cit. p. 20S. * Dnoloa, M6m. snr les ^prenTcs. * Collin de Planoy, op. clL p. 555. 16 183 TIIS OBDSAL. To some extent, the Moslems are an exception to the general rule ; and this may be attributed to the doctrine of predestination lyhich forms the basis of their creed, as well as to the elevated ideas of the Supreme Being which Ma- homet drew fVom the Bible, and which are so greatly in advance of all the Pagan forms of beliefl There is accord- ingly no authority in the Koran for any description of ordeal; but yet it is occasionally found among the true believers. Among some tribes of Arabs, for instance, the ordeal of red-hot iron appears in the shape of a gigantic spoon, to which, when duly heated, the accused applies his tongue, his guilt or innocence being apparent from his undergoing or escaping inJuryJ The tendency of tlie mind towards superstitions of this nature, in spite of the opposite teaching of religious dogmas, is likewise shown by a simhsics of divination employed among the Turks, through which thieves are discovered by observing the marks on wax slowly melted while certain cabalistic sentences are relocated over it* Somewhat similar is a custom prevalent in Tahiti, where in cases of thelt, when the priest is applied to for the dis- covery of the criminal, he digs a hole in the clay floor of the house, fills it with water, and, invoking his god, stands over it with a young plantain in his hand. The god to whom he prays is supposed to conduct the spirit of the thief over the water, and the priest recognizes the image by looking in the pool.* The gross and clumsy superstitions of AfVica have this element in common with the more refined religions of other races, modified only in its externals. Thus, among the Kalabarese, various ordeals are in use, of a character which Reveals the rude nature of the savage. The ^^ afia-edet-ibom" is administered with the curved fang of a snake, which is ' K(fnig8wart«r, op. oil. p. SOS. * Collin do Plane/, a. v. Ci/vmauru. ' EllU, Polynosiau Roaearohea, Vol. I. ohap. U. AFBIOAN 8UPSB8TITI0N8. 188 cnnningly inserted tinder the lid and round the ball of the defendant's eye ; if innoeent, he is expected to eject it by rolling the eye, while, if unable to perform this feat, it is removed with a leopard's tooth, and he is condemned. The ceremony of the "afia-ibnot-idiok'' is eyen more childish. A white and a black line are drawn on the skull of a chim- pan^see, which is then hold up before the accused, when an apparent attraction of the white line towards him indicates his innocence, or an inclination of the black towards him pronounces his guilt. The use of the ordeal-nut is more formidable, as it contains an active principle which is a deadly poison, manifesthig its cficcts by frothing at the mouth, convulsions, paralysis, and speedy death. In capi- tal cases, or even when sickness is attributed to unfriendly machinations, the "abiadiong," or sorcerer, decides who shall undergo the trial, and as the poisonous properties of the nut can be eliminated by preliminary boiling, liberality on the part of the accused is supposed to be an unfaUing mode of rendering the ordeal harmless.* The ordeal of red water, or infusion of " sassy bark,'' also prevails throughout a wide region in Western Africa. As descriljed by Dr. Winterbottom, it is administered in the neighl)orhood of Sierra Leone, by requiring^e accused to fast for the previous twelve hours, and to swallow a small quantity of rice previous to the trial. The infusion is then taken in large quantities, as much as a gallon being sometimes employed ; if it produces emesia, so as to eject all of the rice, the proof of innocence is complete, but if it fails in this, or if it acts as a purgative, the accused is con- demned. It has narcotic properties also, a manifestation of which is likewise fatal to the suficrer. Among some of the trilies this is determined, as described by the Ilev. Mr. Wilson, by placing small sticks on the ground at distances of about eighteen inches apart, among which the patient is ' IlatehlBion*! Inprewloni of WetUrn Afrle». London, 1868. 184 THB ORDBAL. required to walk, a task rendered difldenlt by the vciligi- nouB effects of the poison. Although death not iurre- quently results ftrom the ordeal itself, without the subse- quent punishment, 3'et the faith reposed in these trials is well expressed by Dr. Livingstone, who describes the eagerness with which they are demanded by those accused of witchcraft, confiding in their innocence, and believing that the guilty alone can suffer. When the emetic effects are depended on, the popular explanation is that the fetish . enters with the draught, examines the heart of the accused, and, in cases of innocence, returns with the rice as evi- dence.^ In Madagascar, the ordeal is administered with the nut of the Tangena, the decoction of which is a deadly poison. In the persecution of the Malagasy Christians, in 1836, many of the converts were tried in this manner, and num- bers of them died. It was repeated with the same effect in the persecution of 1849." Although the classical nations of antiquity were not in the habit of employing ordeals as a judicial pi*occss, during the periods in whicli their laws have become known to us, still there is sudicieut evidence that a belief in their elllcacy existed beforl philosophical skepticism had reduced religion to a system of hollow observances. The various modes of divination by oracles and omens, which occupy so promi- nent a position in history, manifest a kindred tendency of mind, in demanding of the gods a continual interference in human affairs, at the call of any suppliant, and we are therefore prepared to recognize among the Greeks the relics of pre-existing judicial ordeals in various forms of solemn oaths, by which, under impressive ceremonies, actions were occasionally terminated, the party swearing * 8m an olaboraU << Bzamlnatton of iho Toxloologioal Bffeois of Sawy- Bark," by Dra. MitoheU and Hammond, Proooedingi of iho Biological D«p. of iho Aoad. of Nai. Belonoei, Philadelphia, 1859. * Bllb'f Throe VUlto to Madagaioar, ehap. 1. ri. OBBEOB. 186 being obliged to take the oath on the heads of his children (sar« fwv Kotaur), With cnrses on himself and his family (sraf ' lliaxtiai)j or passing through fire {6^a tov Hvpof).* The secret meaning of these rites becomes fully elucidated on comimring tliem with a passage from the Antigone of Soplioclcs, in which, the body of Polynices having been secretly carried off for burial against the commands of Creon, the guard endeavor to repel the accusation of com- plicity by oficring to vindicate their innocence in various forms of ordeal, whicli bear a strilcing similarity to those in use throughout India, and long afterwards in mediaeval Euroi)e. *' Readj with hands to bear the red-hot Iron, To pass tlirongh Are, and hj the gods to swear, Tliat wo nor did the doed, nor do we know Who eonnsellod H, nor who performed It."* The water ordeal, whicli is not alluded to here, may, nevertheless, be considered as having its prototype in seve- ral fountains, which were held to iM>ssess special power in cases of susi)ectcd female virtue. One at Artecominm, mentioned by Eustathius, became turbid as soon as en- tered by a guilty woman. Another, near Ephesus, alluded to by Achilles Tatius, was even more miraculous. The accusetl swore to her innocence, and entered the water, licaring RUS|Kndcd to her neck a tablet inscribed with the oath. I f she were innocent, the water remained stationary, at the depth of the midlog ; while, if she were guilty, it rose nntil the tablet floated. Somewhat similar to this was the Jjake of Palica in Sicily, commemorated by Stephanus Byzantiiius, where the party inscribed his oath on a tablet, ' Smith, Diet Oreek and Roman Antlq. s. t. Martfria, ' Iftm /' IrM^M uMi fivifmft mlpm X^'t Antigone, Tor. S64 — S67. IC* 186 THB ORDBAL. and committed it to tlie water, wlieu if the oath were true it floated, and if false it sank.* The Roman nature, sterner and less impressible than the Qreek, offers less evidence of weakness in this respect; but traces of it are nevertheless to be found. The roediosvul cortmaed^ or ordeal of bread, finds a prototy[)e in a si)ecics of alphitomancy practised near Lavinium, where a sacred serpent was kept in a cave under priestly care. Women whose virtue was impeached offered to the animal cakes n^ade by themselves, of barley and honey, and were con- demned or acquitted according as the cakes were eaten or rejected.' The fabled powers of the aelitea^ or eagle-stone, mentioned by Dioscorides,' likewise remind us of the corsnwd^ as bread in which it was placed, or food with which it was cooked, became a sure test for thieves, from their being unable to swallow it. Special instances of miraculous interposition to save the innocent fVom unjust condemnation may also be quoted as manifesting the same general tendency of belief. Such was the case of the vestal Tucca, accused of incest, who demonstrated her purity by carrying water in a sieve,^ and, that of Claudia Quiuta, who, under a similar charge, made good her defence by dragging a ship against the current of the Tiber, after it had run aground, and had resisted all other efforts to move it.* As somewhat connected with the same ideas, we may ' EiuUihil da Amor. Jflmenii, Lib. vii., xi. ; Achlll. TalH do Amor. Clltoph. Lib. Tin. ; Stopb. Bjumt. i. t. UaKtuM (apud BpeImM, OIom. p. 824). Saporttliioni of thit naiare bavo obUinod in all agoa, and Uieao par- iionlar Inatanooa find tbeir apoclal modern ooantorpart in ibe fountain of Bodilia, naar Landifiiian In Dritannj, In wbieb a girl wban aooosod plaoai tbo pin of bar ooUar, bor ionooonoe or guili bolng damoosirated bj iii float- ing or tin king. * Collin da Planoy, op. oit. p. SI. ' Lib. T. eap. 101 (ap. Lindanbrog.). * Valar. Maxim. Lib. viii. aap. 1. * *'8upplieif, alma, tus, ganatrix fooonnda Daorum, Acaipa nib earia conditiona praeea. BOMl. iSf allude to tho imprecations aocompanying the most Bolemn form of oath among the Romans, known as "Jovem lapidcm Jtirarc/'* whether we take tho ceremony, men- tioned by Festiis, of casting a stone from the hand, and invoking Jupiter to reject in like manner the swearer if guilty of perjury, or that described by Livy as preceding the combat between the Iloratii and Curiatii, in which an animal was knocked on the head with a stone, under a somewhat similar adjuration." There is no trace of the system, however, in the Roman Jurisprudence, which, with the exception of the use of torture at the later periods, is totally in op]>osition to its theory. Nothing can be more contrary to the spirit in which the ordeal is conceived than the maxim of the civil law — ^'^Accusatore non probante, reus absolvitur." In turning to the Barbarian races from which the nations of modern Kuroi>e arc descended, we are met by the ques- tion, which has been variously mooted, whether the ordeals that form so prominent a part of their Jurisprudence were customs derived from remote Pagan antiquity, or whether they were inventions of the priests in the early periods of CaaU B«gor ; il in damBM, mombsa faUbor. Morl« loam poBoaa, Jitdle« tIoU IHft. 8«4i •! erinoB abMt, ta nottrn pignoni vlt« Re dobia ; et easiai aaala aeqnara manaa. Dixii* at axigvo fanam aonanlna traxii," ale. Ovid. Faatorvm Lib. it. I. SOS aqq. Tbifi inroealioa to tha godd^M to abaolva or oondamn, and tha maiiBar la whlab tha antlra raaponiilbllitj la thrown upon tha aopamal jndga, gira tha vhola tranaaotion a ttrihlng rcaamblanaa to aa aatablbhcd Jadklal forat of ordeal. ' Qsod lanatiatimani jm>janindani aat habiivm. (Anloi Oelllaa. t. 91.) * "Si aelana falla, tarn ma Diaapltar talra arba areaqaa bonia ajlolat, nt ago bnna lapldam.'* (Feata^, Lib. x. ; LIry, t. 24.) If we aan raaaira aa nndoabtad LIrj'a aaeoont of a almilar aaremonj performed by Uannlbal to anaooraga hii aoldlera before tha battle of Tlelnna (Lib. xxi. eap. 46), wa maat ennelnde thai the eoplom had obtained a xtrj attended intoeooe. 188 THB OBDBAL. rude Ohrifltianity, to onhanoo thoir own authority, and to lead their reluctant flocks to peace and order under the in- fluence of superstition. There would seem to bo no doubt that the former is the correct opinion, and that the religious ceremonies surrounding the ordeal, as wo find it judicially employed, were introduced by the Church to Christianize the Pagan observances, which in this instance, as in so many others, it was Judged impolitic, if not impossible, to eradicate. Various traces of such institutions are faintly discernible in the darkness from which the wild tribes emerge into the twilight of history ; and, as they had no written language, it is impossible to ask more.* Thus an ' Thora liu bMn mnoh dlfenstion among iho loaraed u to whothor ih« barbarian dialtoli wero wriiUn, and ospooially whoUior Uie Salique Law wai redaoad to writing bafora iti translation into Latin. In tha dearth of tasti- raony, it ia not aaaj to arrive at a poaitiTe eoneluiion, bat the weight of OTidenoa daoidadlj inclinai to the negatiTa of tha question. Had the 8a- Uque Law been written, it would not hare been left for Charlemagne, three hundred years later, to put into writing the heroic poems of his race, which form 10 important a portion of the literature of a barbaric and warlike people. '* DarlMtra at antiquissima earmina, quibui veterum regum aota at belia eanebantnr, et toripeisse et memoriso mandasse. Inchoavit at gram- maUoam patrio sermonis." (Bginh. Yit. Carol. Mag. cap. xxix.) Bven Charlemagne, with all his onlture, could not write, and when, in adranoed life, he sought to learn the art. It was too late (Ibid. oap. xxy.) — which shows how litUe the wild Saliens and Ripuarlans could have thought of eouTerting their language into written characters. Charlemagne's efforts accomplished nothing, for though in 842 the contemporary Count Nithard gives us the earliest specimen of written Tudesque In the celebrated oath of Oharles-le-OhauTeat Strasburg, yet, not long afterwards, Otfrid, in the preface to his Torsion of the Qospels, details the difficulties of his task in a manner which shows that It was without preoedent, and that he was himself obliged to adapt the language to the exigencies of writing. Indeed, he asserts posUlTcly that wriUng was not used and that no written documents existed, and he expresses surprbe that the annals of the race should have been entrusted exolnsively to foreign tongues. ** IIi^us enim linguso harbaries ut est Inenlta et indiaciplinabilis, atqne insueta oapi regulari froDuo grammatioSD artis, sic atiam in multls dietis scriptu est propter literarum aut eongerlem ant inoog- nltam sonoritatem difficilis. Nam, Intardum tria unu, at puto, qnsirit in sono, priores duo eonaonantes, ut mihi Tidetur, tertium Tooall sono mananta. Intardum Tcro neo a neo s nee t nee u Tocalium sonos prsManere poiul, Ibl THE BABBABIAN8. 189 anonjmoiiB epigram preserved in the Oreek Anthology informs ns of a singular custom existing in the Rhine-land^ anterior to the conversion of the inhabitants, by which the legitimacy of cliildren was established by exposure to an ordeal of the purest chance. ** Upon the waters of the jealous Rhine The VATSge Cells their children east, nor own TliemselTes as fathers, till the power dlTine Of the chaste rlTor shall the troth make known. Searce breathed its first faint orj, the hnsUand tears Awaj the new-born babe, and to the wave Commits it on his shield, nor for it eares * nil the wife-jndging stream the Infant saTe, y Gnrevm mlhi vldebater adterlbl oke. . . . Lingua •nlm hne agrestls habe- tar ; dam a proprili nt ssriptnra, nee ario allqus vilif est tenporibot •xpo- lila, qvlpp« qoi dm hlstorlM •noram satMessorain, at maltfl) g«ntM oieter», eoiBoiondant nenorUe, noe eomm gesta vel vitam omaot dignitatis amore. Qsodii rare eontiglt, aliamm gentinm llngna, id est, Latinomm toI Oreeo- mn potioi esplnnsnt. . . . Rctmlra . . . onnetahse in allenn lingnsgloriam traaffforre, •% usnm Meripinrm in pntpria lingna nan luih9r§V (Oifrld. Lint- b«rto Mognnt. In SeblH. Tbataar. Antlq. Teaton. I. 10-11.) Otfrid's par- tialitj for his native tongne it fafflelontl j proved bj hti labors as a trantfater, and tbo toope of bis g«a«ral learning Is ehown bj his references to Greek and Hebrew, and hia qvotationt from the Latin poete, sack as Virgil, Orid, and Lncan. Ills teitinonj la therefore Irreproachable. It It trae that the Oothic langnage wat emplojed In writing by Ulphllaa la the fourth centory, and that the Malbergian gloates in IIerold*t text of the Sallqae law preterre tone fragmentarj worda of the ancient Frankltk apeeeh. It It alto tme that on donbtfnl aothoritj there hat been high an- tiquity claimed for the Scandinariaa rnnic letters, bnt the balance of teatl- mony It decidedly In favor of the opinion that the Oemaalc tribes were Innocent of any mdlmenta of a written language. ■ Anthol. Lib. iz. Ep. 1S5. Thlt charming trait of Celtic domettic man- ners has been called in quettion by some writers, but It rests on good aathorlty. Clandlan evidently alludes to It as a well-known fact in the linos^ <*aalll Quos Rhedanut veioz, Ararls quos tardier ambit, Bi quos nasecntes explorat gurgltc Rbenns.**— In Ruflnum, Lib. ti 1. 110. T 190 Tna ORDEAL. And proTe hlniBelf the sire. All trembling lies The mother, racked with angnish, knowing well The tmth, but forced to riflk her cherished prise On the inooDBtant water's reckless sw^U." We loarn Arom Cassiodorus that Thcodoric, towards tlic close of the fifth century, sought to abolish the battle ordeal among the Ostrogoths, whence we may conclude that the appeal to the judgment of God was an ancestral custom of the race.* At an oven earlier period, tlie Senchns Mor, or Irish law, compiled for the Brehons at the request of St. Patrick, contains unequivocal ovidouco of the existence of the ordeal, in a provision which grants a delay of ten days to a man condemned to undergo the test of hot water.* Equally convincing proof is found in the Salique Law, of which the earliest known text may safely be as- sumed to be coeval with the conversion of Olovis, as it contains no allusion to Christian rules such as appear in > YariMruai, Lib. in. BpUt 23, 24. * Senebns Mor I. 195. Compare UIom, p. 109.— In en MoIont'QIoti on Uie Sonohiu, there if preaerved a onrioiu trndiiion whioh Uliutratei the belief in dirine interposition, though manifeited apon the Jadge and not on the calprit. •* UoweTor, before the eoming of Patrick there had been remarkable reve- lation!. When the Brehons deviated from the trath of nature, there appeared blotehei npon their oheeki ; as first of all on the right cheek of Sen Mao Alge, whenoTer he pronounoed a false Judgmenl, but they disappeared again when- ever he had pronounoed a true Judgment, Ao. ** Senoha Mao Col Oluin was not wont to pass Judgment until he bad pon- dered upon it in bis breast the night before. When Faohlna, bis son, bad passed a false Judgment, if in the time of fruit, all the fruit in the territory In whieh It happened fell off in one night, Ao. ; if in time of milk, the eows reftised their oalves ; but if be passed a true Judgment, the fruit was perfect on the trees; benee he received the name of Vachtna Tulbrethach. •' Sencha Mac Aillila never pronounced a fiUse Judgment without getting three permanent blotches on bis (ace for each Judgment. Fiihel bad the truth of nature, so that he pronounced no false Judgment. Morann never pronounced a Judgment without having a chain around his neck. When he pronounced a fiUse Judgment, the chain tightened around bis neck. If be prononaoed a true one, it expanded down upon him."— Ibid. p. 2L THE BAABARIANS. 191 revisions made somowlmt Inter. In this text, the ordeal of lioilinp^ water flnds its place as a Judicial process in regular use, as fully as in the subsequent revisions of the code.^ In the Decree of Tassllo, Duke of the Baioarians, issued in ))2, there is a reference to a pre-existing custom, named Siap/naken^ used in cades of disputed debt, which is de- nounced as a relic of Pagan rites, — ^* in verbis quibns ex vctusta consuctudine paganonim, idolatriam rc]>erimus," — and which is there altered to suit the new order of ideas, aiTording an instructive example of the process to which 1 have alluded. It is evidently a kind of ordeal, as is manifested by the expression, ^^ Let us stretch forth our right hands to the Just Judgment of Ood."* These proofs would seem amply sufllcicnt to demonstrate the existence of the practice as a ])riraitive custom of some of the Varba* risn races, prior to their occupation of the Roman empire. If more be required, it must be remembered that the records of those wild tribes do not extend beyond the period of their permanent settlement, when baptism and civilization were received together, so that we cannot reasonably ask for codes and annals at a time when each sept was rather a tumultuous horde of iVeebooters than a people living under a settled form of organized society. Tacitus^ i t is true, makes no mention of anything approaching nearer to the Jutlgmont of God than the various forms of rude diviuntion common to all su|)erstitious savages. It is highly probable that to many tri1)es the ordeal was un- known, and that it had nowhere assumed the authority which it afterwards acquired, when the Church found in it a iK>wcrful instrument to enforce her authority, and to acquire influence over the rugged nature of her indocile converts." Indeed, wo have evidence that in some cases it ' Ttt HiK l?l. (Flr«t Teit of PArdeMU.) * **ExtoadMnu d«xCer» nofiim ad Josiam Jadielam Dtl.*'— DmmI. Tani- lonlff Tit. II. ^ 7. * Tban, la tho Uwi of Si. Stcphon, King of Hungary, promalgaUd i ^ ^ 192 THB OBDBAL. was introduced, and its employment enforced, for the pur- pose of eradicating earlier Pagan observances; as, for instance, when Bishop Geroldus, about the middle of the twelfth century, converted the Sclavonians of Mecklem- burg.* Be this as it may, the custom wAs not long in extending itself throughout Europe. The laws of the Salien Franks / we have already alluded to, and the annals of Qrcgory of / Tours and of Frodogarius, the Merovingian Capitularies, I and the various collections of Formularies, show that it I was not merely a theoretical prescription, but an every-day \ practice among them. The Ripuarian Franks were some- \ what more cautious, and the few references to its employ- ment which occur in their code would seem to confine its application to slaves and strangers.' The code of the Ala- manni makes no allusion to any form except that of the ^'tracta spata," or judicial duel. The code of the Baioo- rians, in its original shai^o, while referring constantly to the combat, seems ignorant of any other mode. The su])plo- mcntary Decree of Tassilo, however, affords au instance, quoted above, and another which seems to show that force was sometimes necessary to carry out the decision to em- ploy it.* The Wisigoths, who, like their kinsmen the Ostro- goths, immediately on their settlement adapted themselves in a great degree to Roman laws and customs, for nearly two centuries had no allusion in their body of laws to any form of ordeal. It was not until G93, long after the destruo- a(Ur his eonT«nion, in 1016, thore ii no Allusion to tho ordosl, ivhUe in those of King Coloman, issued shout a century later, it is freely direoled as a means of legal proof. * **Bt Totavit Comes ne SoIstI de eetero Jurarent in arhoribns, fontibus, et lapidlbus ; sed offerrent criminibus pulsates saeerdoti, ferro no Tomoribus ezamioandos." — Anon. Chron. SoIbtIo. cap. zxv. (Script. Her. German. Septent. LIndenhrog. p. 216.) * L. liipuar. Tit. xxx. SS\^\ Tit. zzzi. \ 6. * '< Ut liheri ad eadem cogantur judicia qusi Baioarii VnMa dionnt."— Deoret. TassUon. Tit. ii. \ 9. THB BARBARIANS. 198 tion of their independence in the Sonth of France, and but little prior to their overthrow in Spain by the Saracens, that tlieir king, Egiza, with the sanction of the Conncil of Toledo, issued an edict commanding the employment of the aneum^ or ordeal of boiling water. The expressions of the law, however, warrant the conclusion, that this was only the extension of a custom previously existing, by removing the restrictions which had prevented its application to all questions, irrcsi)cctive of their importance* The Burgun- dian co<1e refers more particularly to the duel, which was the favorite form of ordeal with that race, but from the writings of St. Agobard we may safely assume that the trials by hot water and by iron were in frequent use. The primitive Saxon Jurisprudence also prefers the battle ordeal ; but the f»t1icr Icinds arc met witli in the co<lcs of tlie Frisians* and of tlic Thuringians.' The earliest Lombanl law, as compiled by Ilotharis, refers only to the wager of battle ; but tlie additions of Liutprand, made in the eighth century, allude to the employment of the hot-water ordeal as a recognized procedure.* In England, the Britons appear to have regarded the ordeal with much favor, as a treaty between the Welsh and the Saxons, about the year 1000, provides that all questions between individuals of the two races should be settled in this manner, in the absence of a special agreement between the parties.* The Anglo-Saxons seem to have been somewhat late in adopting it ; for the ' '* MnlUf oognorimni qvortlM , el »b ingenvls molU msla pail, er«d«iit«i ia ee«. mIUIIi qnatttonem agiiarl. Qsod not nodo per ••Ivbrem oHinft- UoB«m eenMOivt, vi qnABiTia parT* ill mUo r«l fketi ab •Uqvoorimlnlt, •nm par examlnatlonem aqan fonrantif a Jodioa dltiriag«Bdam ardiaamu."— L. Wlilgoth. Lib. VI. Tli. i. ^ S. * L. FHflon. Tli. ill. H 4, 6, 6. * L. Angllar. at W«rlaar. Tit %\r. * L. Lansabard. Lib. i. Tit. xxxlll. f 1. ' **Ifaa ait alia lada (i. a. pargallo) tU tjbia (». a. eompallailona) nial arda- liaa, laUr Walaa at Aagloa.*'— Saaataa-Caaaali. da MaaUaalia Walto aap. U. n • 104 TUB ORDBAL. dooms of the earlier princes refer exclusively to the refuta- tion of accusations hy oath with compurgators, and wo find no allusion made to the ordeal until the time of Ed- ward the Elder, at the commencement of the tenth oeutnryi that allusion, however, being of a nature to show that it was then a settled custom, and not an innovation.* Among the northern races it was probably indigenous, the earliest records of Iceland, Denmark, and Sweden exhibiting its vigorous existence at a period anterior to their conversion to Ohristianity ;' and the same may be said of the Scla- vonic tribes in Eastern Europe. In Bohemia, the laws of Brzetislas, promulgated in 1039, make no allusion to any other form of evidence in contested cases,* while it was likewise in force to the farthest confines of Russuu* The M^tJars placed equal reliance on this mode of proof, as is shown by the statutes of King Ladislas and Goloman, towards the end of the eleventh century, which allude to various forms of ordeal as in common use.* Scotland like- wise employed it in her Jurisprudence, as devclojicd in the code known as '' Kegiam Majcstatem Scotim," attributed to David L, in the first half of the tweldh century.* Even the Byzantine civilization became contaminated with the prevailing custom, and various instances of its use are related by the historians of the Lower Empire, to a period as late as the middle of the fourteenth century. One cause of the general prevalence of the ordeal among the barbarian tribes settled in the Roman provinces may perhaps bo traced to the custom, which prevailed univer- sally, of allowing all races to retain their own Jurispru- * Doomi of King Edwurd, eap. Hi. ; Lawi of Sdward and Qathram. eap. Iz. * Saxo. Qrammfti. Illsi. Danie. Lib. v.; WidnklDdi Lib. iii. o. 66.— QrigiMi SmI. ti. 0. 66. ' SlmillUr d« hit qui homieldiis infamantur . • , . ai negani, ignllo fiirro five adjuraia aqua ezamineniur. — Annalista Sazo, ann. 1039. * Ktfnigiwarter, op. oii. pp. 211, 224. * Batihyani Legg. BooIm . Hung. T. I. p. 439, 464. * For inaiance, Lib. iv. oap. iii. ^ 4. PUROATOETAL OATHS. 105 ficncc, howcrer socially intermingled tho individnals might be. The confusion thus produced is well set forth by St. Agolmrd, when he remarks that frequently five men shall 1)0 in close companionship, each owning obedience to a diiTerent law.* lie further states, that, under the Burgun- dian rules of procedure, no one was admitted to bear wit- ness against a man of diflTerent race ;* so that in a largo pro|K>rtif m of cases there could be no legal eyidcnco attain- able, and recourse was had of necessity to the Judgment of flod. No doubt a similar tendency existed generally, and the man who appealed to Heaven against the positive testi- mony of witnesses of different origin, would be very apt to find the court disposed to grant his request During the full fervor of the belief that the Divine inter-, position could at all times be had for the asking, almost any form of procedure, conducted under priestly obser- vances, could assume the position and influence of an ordeal. As early as 692, we And Gregory the Great allud- ing to a simple purgatorial oath, taken by a Bishop on the rclids of St. Peter, in terms which convey evidently the idea that the accused, if guilty, had exposed himself to imminent danger, and that by i)erforming the ceremony unharmed he had sufllcicntly proved his innocence.* But such unsubstantial refinements were not sufficient for tho vulgar, who craved tho evidence of their senses, and desircfl material proof to rebut material accusations. In onliimry ])ractice, therefore, the princiiml modes by which the will of Heaven was ascertained were the ordeal of flre, ' "Nam pl«raiiqv« MBiingli «i tlmal MBi »ni MdMiii'qaliiqno homlnM, ei naUas eoium eommmi«in l«g«m turn ftlUro habe»t"^Lib. «dT. Ii«g«a Qanilobadi, eap. It. ' *' Rz qaa n oritar rM valdo abiardA, vi •! aUqvlfl •orvm In ooBis popvH, aal •tiam la m^reato pablteo eommlMrai allqaam praTlUtom, bob eoar- gvalBr Uallbvf."— Ibid, eap: tI. * '*Qaib«f (iaeranMBtia) prattHli, magaa aamvi tzvltailoBO gaTM, qvod frajBteemodl oiperlmMto laBOoaBiia ojos aTidenter aBliBit*'— OaB. Ilabal boo proprlam, oaoi. ii. qa«ti. 6. 196 THB OaDBAL. whether administered dii*ectly, or through the agency of boiling water or red-hot iron ; that of cold water ; of bread or cheese ; of the Eucharist ; of the cross ; the lot ; and the touching of the body of the victim in cases of murder. Some Of these, it will be seen, required a miraculous inter- position to save the accused, others to condemn; some depended altogether on volition, others on the purest chance; while others, again, derived their power ftrom the influence exerted on the mind of the patient. They were all accompanied with solemn religious observances, and the most impressive ceremonies of the Ohurch were lavishly employed to give authority to the resultant decisions, and to impress on the minds of all the directness of the inter- ference which was expected firom the Creator. The ordeal of boiling water (rnneum^ judicium aqumfer- venOa^ cacabuSj caldaria) is probably the oldest form in which the application of fire was Judicially administered in Europe as a mode of proof. It is the one usually referred to in the most ancient texts of laws, and its universal adoption denotes a very high antiquity. It is particularly recommended by Ilincmar as combining the elements of water and of fire: the one representing the deluge— the Judgment inflicted on the wicked of old ; the other author- ized by the flery doom of the future — the day of Judgment* A caldron of water was brought to the boiling point, and the accused was obliged with his naked hand to find a small stone or ring thrown into it ; sometimes the latter portion was omitted, and the hand was simply inserted, in trivial coses to the wrist, in crimes of magnitude to tlie elbow, the former being termed the single, the latter the * Quapropter il«ri Aqaam igniUm ad hno duooopaUta In unam Indaganda Jndioia, illnd vid«Iioot qood Jan per aquam Aoium Mi, eC illud qaod per Ignem ilendnm ei I . . . . In qalbai lanoti llberantar llliosi, et reprobi panl- •nittr addloU.— HInomar de Divort. Lothar. InUrrog. ti. ORDSAL OF nOTLTNO WATCR. 19) triple ordeal ;* or, agfiin, tho stono was employed, suspended by R 8triii|r, and tlie severity of the trial was regulated by the length of the line, a palm's breadth being counted as single, and the distance to the elbow as triple." A good example of tho process, in all its details, is ftimished us by Gregory of Tours, who relates that, an Arian priest and A Catholic deacon disputing about their respective tenets, and l)eing unable to convince each other, the latter pro- posed to refer the subject to the decision of tho rnneuMj and the offer was accepted. Next morning the deacon's enthusiasm cooled, and he mingled his matins with precau- tions of a less spiritual nature, by bathing his arm in oil, and anointing it with protective unguents. The populace assembled to witness the exhibition, the Are was lighted, the caldron boiled furiously, and a little ring tlirown into it was whirled round like a straw in a tornado, when tho deacon politely invited his adversary to make the trial first. This was declined, on the ground that precedence belonged to the challenger, and with no little misgiving the deacon proceeded to roll up his sleeve, when the Arian, observing tho precautions that had been taken, exclaimed that he had been using magic arts, and that the trial would amount to nothing. At this critical Juncture, when the honor of the Orthodox faith was trembling in the balance, a stranger stcp]K>d forward — a Catholic priest named Jacintus, A*om llavcnna — ^and oflcred to undergo the experiment Plung- ing his arm into the bubbling caldron, he was two hours in capturing the ring, which eluded his grasp in its fantastic gyrations ; but finally, holding it up in triumph to the admiring siicctators, he declared that the water felt cold at the bottom, with an agreeable warmth at the top. Fircfl by the example, the unhap])y Arian l>oldly thrust in his arm ; but the falseness of his cause belied tho confi- ' Doomt of KliiK AlhalfUn, W. eap. 7. * Adjaraiio ferri ?el •qnm UrtonilM (Dalai. II. 666) n* 108 TUB OBDEAL. donoe of its rash supporter, and in a moment the flesh was boiled off the bones up to the elbow.* This was a volunteer experiment. As a means of judicial investigation, the process was surrounded with all the solem- nity which the most venerated rites of the Church could impart. Fasting and prayer were enjoined for three days previous, and the ceremony commenced with special prayers and adjurations, introduced for the purpose into the litany, and recited by the officiating priests; mass was celebrated, and the accused was required to partake of the sacrament under the fearftil adjuration, ^^This body and blood of our Lord Jesus Christ be to thee this day a manifestation!" This was followed by an exorcism of the water, of which numerous formulas are on record, varying in detail, but all presenting the quaintest superstition mingled with the most audacious presumption, as though all the powers of the Creator were intrusted to his servant, the whole furnishing a vivid picture of robust faith and self-confident ignorance. A single specimen will suffice. ** O dreatore of water, I adjnre thee by the living God, by the holy God who in the beginning separated thee from the dry land ; I adjure thee by the living Qod who led thee from the foantain of Paradise, and in fonr rivers oommanded thee to enoompass the world ; I adjure thee by Him who in Cana of Galilee by His will changed thee to wine, who trod on thee with His holy feet, who gave thee the name 8Uoa ; I adjure thee by the God who in thee cleansed Naaman, the Syrian, of his leprosy ;— Saying, holy water, O blessed water, water which washest the dust and siiis of the world, I adjure thee by the living God that thou shalt show thyself pure, nor retain any false image, but shalt be exorcised water, to make manifest and reveal and bring to naught all falsehood, and to make manifest and bring to light all truth ; so that he who shall place his hand in thee, if his cause be just and true, shall receive no hurt ; but if he be perjured, let his hand be burned with Are, that all men may know the power of our ' De Gloria MartTrnm Lib. i. esp. 81.— lojeete nana, proUnai asqac ad Ipsa oviam internodia oaro li<|aeAMlA dcSaiit. ORDEAL OF HOT WATER. 199 Tiiml Jf fms Christ, who will oome, with the Tloly Ghost, to Judge with Are the qalok and the dead, and the world ! Amen t"* Ailcr tho experiment had taken place, the hand was carefully enveloped in a cloth, sealed with the signet of the jndpe, and three da3'8 afterwards it was unwrapped, when the guilt or innocence of the party was announced by tho condition of the member.* The jnstiflcation of this mode of procedure by its most able defender, Ilincmar, Archbishop of Rheims, is similar in spirit to this form of adjuration. King Lothair, great- grandson of Charlemagne, desiring to get rid of his wife, Teutl)erga, accused her of the foulest incest, and forced her to a confession, which slio afterwards recanted, prov- ing her innocence by undergoing the ordeal of hot water by proxy. Lothair, nevertheless, married his concubine, Waldrada, and for ten years the wliole of Enroi^e was oc- cupied with the disgusting details of the quarrel, council alter council assembling to consider the subject, and the thunders of Rome being freely employed. Hincmar, the most conspicuous ecclesiastic of his day, stood boldly forth in defence of the unhappy queen, and in his treatise ** De Divortio Lotharii et Teutbergnc," he was led to Justify the use of ordeals of all kinds. The species of reasoning which was deemed conclusive in the ninth century may be appre- ciated from his arguments in favor of the ameumj ^^ Be- cause in boiling water the guilty are scalded and the inno- cent are unhurt, because liOt escaiKHl unharmed from the fire of Sodom, and the future flre which will precede the terrible Judge will be harmless to the Saints, and will burn the wicked as in the Babylonian furnace of old."' * Fornula Ezorelfraomn, Balm. 11. 6M iiqq. Varioat other forna- laa are glTen by Balate, Spelnan, Mnraiori, and other eollectori, all Baal* fceiing the fame aneonMloof irrererenee. * Doom eoneeralng hot iron and water (Lawi of Aihelitan, Thorpe. I. SIS) ; Balate, II. 644. ' *'Q«la in aqaa l|pilU eoqnnntar ealpebtlef el InnovH liberanlar Ineoell, qala de igne Sodomliieo Lot Jnstai eraiU Inuttui, et futarae Ignit qui prcl. 200 THE OBDKAL. In the Lifo of St AtUdwold is recorded a miracle, which, though not judicial, yet, from its description by a contem- porary, affords an insight into the credulous faith which intrusted the most important interests to decisions of this nature. The holy saint, while Abbot of Abingdon, to test the obedience of Elfstan the cook of the Monastery, ordered him to extract with his hand a piece of meat from the bot- tom of a caldron in which the conventual dinner was boil- ing. Without hesitation, the monk plunged his hand into the seething mass and unhurt presented the desired morsel to his wondering superior. Faith such as this could not go unrewarded, and Elfstan, ft*om his humble station, rose to the Episcopal seat of Winchester.* This form of trial was in use among all the races in whose legislation the purgtUio vulgaris found place. It is the only mode alluded to in the Salique Law, from the primitive text to the amended code of Charlemagne.* The same may be said of the Wisigoths, as we have already seen \ while the codes of the Frisians, the Anglo-Saxons, and the Lombards, all refer cases to its decision.' In Ice- land, it was employed from the earliest times,* and it con- tinued in vogue throughout Europe until the general discredit attached to this mode of Judgment led to the gradual abandonment of the ordeal as a legal process. It is among the forms enumerated in the sweeping condemna- tion of the whole system, in 1215, by Innocent III. in the Fourth Council of Latcran ; but even subsequently we And it prescribed in certain cases by the municipal laws in force bit terribllom Judioem, Buiotif eril Innoouai oi loelestos adaret, ui oHb Babyloniea fornai, qnn pueroi onnino non oontigik." — loterrog. tI. ' Vii. 8. Atbclwoldl 0. z. (Chron. Abingd. II. 259.) * Firti Text of Pardogam, Tit. liii., Ui. ; MS. Ouclforbyi. Tit. sir , zvi. ; L. Bmend. Tit. !▼., Hz. * L. Friiion. Tit. iU. ; L. iBtbelradI ir. M • !<• Lombanl. Lib. i. TiL zzziii. \ 1. * QrigiMt Beot. ti. oap. 66. ORDEAL Of BKD-HOT IRON. 201 throngliont the whole of Northern and Southern Oermany,* and as late as 1282 it is specified in a charter of Gaston of Bdarn, conferring on a church the privilege of holding ordeals.* At a later date, indeed, it was sometimes admin- istered in a different and more serious form, the accused lieing cxiKscted to swallow the boiling water. I have met with no instances recorded of this, but repeated allu- sions to it by Rickius show that it could not have been unusual.* The modem Hindoo variety of this ordeal consists in casting a piece of gold into a vessel of boiling ghee or sesame oil, of a specified size and depth. If the person to bo tried can extract it between his finger and thumb, with- oi|t scalding himself, he is pronounced victorious.* The trial by red-hot iron (Judicium ferri^ juise) was in use from a very early ])crtod, and liecame one of the favorite modes of determining disputed questions. It was admin- istered in two essentially diflbrent forms. The one (vomeren igniii^ examen peddle) consisted in laying on the ground at certain distances six, nine, or in some cases twelve, red-hot ploughshares, among which the accused walked barefooted, sometimes blindfolded, when it became an ordeal of pure chance, and sometimes compelled to press each iron with his naked feet.* The other and more usual form obliged the patient to carry in his hand for a certain distance, usually nine feet, a piece of red-hot iron, the weight of * Jar. ProT. Baioa. Lib. t. Art. M ; Jar. ProTia. Alamao. eap. zzzTil. SS 1A, 1«. • Da CaiiK*. ' Defeni. Proto AqaaR Frigid. H 187, 169, Ao. • Aytim Akhwj, 11. 40S. Thb work wai wriilon aboai ih« year 1(100 hj Akairmrf. vliier of the Kiaperor Akbar. aiiulwln*i Tr»nfiUiioa WM pab- Ibhetl nntUr I he aadplcM of the Repi Ini1l» Company in 1800. * ** Rl lUttbavvrll, p1 fingaloe vomerea pleno pede non preenerii, el qaanio. lamcanqae Iitpa farrll, eenicnlim profefaior.'* — Annal. Wlnton. Beelee. (Da Canice, n. t. Vnm^rei ) Six te the nnmher of plnaghtharef ppetlOed In lb» pelvhmliMl trial of 81. Canlgnnda, wife of the Kmporor St Henry II.-* Meg. Cbron. ttrlgie. SOS THK ORDBAL. which was detennined by hiw and yaricd with the impor- tance of the question at issue or the maguitude of the alleged crime.' The hand was then wrapijed up and scaled, and three days afterwards the decision was rendered in accordance with its condition.* These proceedings were accompanied by the same solemn obscnrances which hare been abready described, the iron itself was duly exorcised, and the intenrcntion of God was invoked in the name of all the manifestations of Divine clemency or wrath by the agency of fire — Shadrach, Mcshach, and Abcdnq;o, the burning bush of Horcb, the destruction of Sodom, and the day of Judgment.' So, in the form ordinarily in use throughout modem India, the patient bathes and performs certain religious ceremonies. After rubbing his hands with rice bran, seven green Peepul leaves are placed on the extended palms and ' Thai, MBong iba Anglo«S«zona, in the '* limpU ordcAl" ih« iron waiglied on« poand, in the " triple ordanl" ibroo pounds. The IntUr it pretoribtd for InoondinriM and '* morth-slaysn'* (Morot murdorert), iBiholstan, !▼. f it ; -*ror falM oolning, BUiolred, iii. \ 7 1— for ploiting ngainsi the king'i lifii, Sthelrod, t. i SO, and Cnui, Booniar. \ 68— whilo al a lator period, In Uie ooUooiion known aa Um Lawi of Henry I., we And li extended to eaiea of Ibell, robberj, anon, and feloniei in general, Cap. IzTi. f 9. In Spain, ibe iron bad no definite welgbt, bnt waa a palm and two flngen in lengtb, with four feet high enough to enable the orininal to lift it eouTenientiy (Faero de Bae^a, ap, Villadlego, Faero Juigo, fol. 81 70). The epltoopal benedia- tion waa neoeiiary to oonaeorate the Iron to ita Judicial nie. A ebarier of 1082 ibowi that the Abbey of Fontanelie in Normandy bad one of approved aanotity, which, through the ignorance of a monk, wai applied to other pur- pOMi. The Abbot thereupon aaked the Arebblihop of Rouen to eoneecrato another, and before he would oonient, the institution bad to prove ita rigiit to administer the ordeal.— Du Oange, a. v., F^rrum eaMd$H», * Laws of JBtbelstaa, ir. S 7.— A<Uuratlo ferri vel aqum ferventis. Balm. II. 060.— Fuero de Bae^a (ubi lop.) — Bven in this minute particular we see the mysterious connection between the superstitions of Burope and those of India. In Malabar, the ordeal of red-bot iron was followed by a similar ceremony ; the hand was wrapped up with linen soaked in rice-water, sealed by the king, and opened three days afterward for examination. (Collin de Plancy, ojr. cU, 228.) * For instance, see Tarions forms of exorcism given by Balnia, II. 061-064. Also Dom Qerbert (Patrologlm, T. 188, p. 1127.) ORDEAL OF RKD-UOT IBON. 208 bound round seven times with raw silk. A red-hot iron of a certain weight is then placed on liis hands, and with this he 1ms to walk across seven concentric circles, each with a radius sixteen fingers' breadth larger than the pro- ceding. If this be accomplished without burning the hands, he gains his cause.* In the earlier iieriods, the burning iron was reserved for cases of iKculiar atrocity. Thus we find it prescribed by Charlomngne in accusations of parricide;* tlio Council of Ilisbach in tOO directed its use in cases of sorcery and witchcraft;' and among the Thuringians it was ordered for women su8|XH!te<l of i>oi8oning or otherwise murdering their husbands/ a crime visited with i)eculiar severity in almost all codes. Subsequently, however, it became rather an aristocratic procedure, as contradistinguished from tlie water ordeals. This nevertheless was not universal, for lK>th kinds were emplo3'ed indiscriminately by the Anglo-Saxons,* and at a later ixsriod throughout Germany;* while in the Assises de Jerusalem the hot iron is the only form alluded to as emplo3'ed in the roluricr courts;' in the laws of Nicu|x>rt, granted by Philip of Alsace in 1163 it is prescri1)cd as a plebeian ordeal ;" about the same ixsriod, in the military laws enacted by Frederic Barbarossa during his second Italian exixsdition, it appears as a servile ordeal,* and as early as 888 the Council ^T Maipz indicates it espo- ■ Ay«en Akberj, II. 497. * Ciipit enrol. Mag. it. Ann. 809, eafi. 5. * ConeU. Riibftcb. can. U. (llArithoini Conell. OaraiAB. II. 69S.) * L. AngUor. •! Werinor. Til. lir. * Lawi of AUiolred, It. f 6— when Uio Monter had th« righl to mImI ib« ■loda In whleb ibt ordenl iboald b« adnlniitored. * Tb« Jaa Prorin. AUraan. (Cap. zxitU. if 1ft, 16; Cap. cIxzztI. {{ 4, 6, 7 ; Cap. eeelzzlT.) allowa UiiaTet and other malernetoni to teleet the ordeal tbey prefer. The Jaa ProTln. Saxon. (Lib. i. Art. 39) alTorda Ibem la ad- diUon tbe pHTilege of the duel. * DnlMO Conrt, Cap. I8S, Ml, S79, S80, eto. * Leabronaaart't Ondegfaerat, II. 707. * RadoYle. de Bcb. Frid. Lib. I. cap. zx? I. 204 TUS ORDEAL. dally for slaves.^ Notwithstanding this, we find it to have been the mode usually selected by ixsrsons of rank when compelled to throw themselves upon the Judgment of God. The Empress Richarda, wife of Oharles-le-Qros, accused in 887 of adultery with Bishop Liutward, oflTorcd to prove her innocence either by the Judicial combat or the red-hot iron.* The tragical tradition of Mary, wife of the Third Otho, contains a similar example, with the somewhat unusual variation of an accuser undergoing an ordeal to prove a charge. The empress, hurried away by a sudden and un- conquerable passion for Amula, Count of Modena, in 996, repeated in all its details the story of Potiphar's wife. The unhappy count, unceremoniously condemned to lose his head, asserted his innocence to his wife, and entreated her to clear his reputation. He was executed, and the countess, seeking an audience of the em|>eror, disproved the calumny by carrying unharmed the red-hot iron, when Otho, con- vinced of his rashness by this triumphant vindication, immediately repaired his injustice by consigning his empress to the stake.* When Edward the Confessor, who entertained a not unreasonable dislike to his mother Emma, listened eagerly to the accusation of her criminal intimacy with ' **8i PrMbyterum oooldll . . . il Hbar wl, eum xii. Jurei; il Muitm •erras, per xii. Tomcros fervenU| le oipurgei.'* OoncU. Ifoguni. ann. 847, ean. xx\r. That of Trlbur, hoWlVar, in 896, preioribes U for nitn of rank, •*fldelb UborUU notobilii."— Ooooil. Tribur. o. xiii. * Regino. ann. 887.— AnnalM McUnaes. " Goifridi Yifcerbienaii Pan xrii., ** D« TerUoOibono Imperatoro.*' SiflT- ridl Bpii. Lib. i. ann. 998. Rioobaldl UUt. Impp. sub OUono III.— Tba itory is not mtniionod by any oonfcemporary aathoriUaa, and If aratorl bas woU tzposed iU improbability (Annali d'llalia, ann. 990) ; aliboagb bo had on a provioui ooca«ion argued in favor of iU autbentioiiy (Aniiq. Ital. DiuerL S8). In eonviciing ibe empreai of celuuiny, ibe Oonnieai of Modena appeared ai an aocuter, malting good the ebarge by the ordeal ; but if we look upon ber at limply viudioating bar husband '• charaoter, the ease enters into the ordinary eourse of suob affairs. Indeed, among the Anglo-Saxons, there was a speoial provUion by wbioh the friends of an exeouted oriminal might olear his reputailon by undergoing the triple ordeal, aftar depositing pledges, to bo forfeited in oaso of defeat.— Ktbelred, iii. \ C. ORDEAL OF RED-nOT IRON. 206 Alwjm, Bishop of Winchester, she was condemned to undergo the ordeal of the burning shares, and walking over tliem Imrefootcd and nnhanncil, she established beyond per- adventiire tlic falsehood of the charge.^ Robert Cnrthose, son of William the Conqueror, while in exile during his 3'onthful re1)ellion against his father, formed an intimacy with a pretty girl. Years afterwards, when he was Duke of Normandy, she presented herself before him with two likely youths, whom she asserted to Ims pledges of his former affec- tion. Robert was incredulous ; but the mother, carrying unhurt the red-hot iron, forced him to forego his doubts, and to acknowledge the paternity of the boys, whom he thenceforth adopted.* Indeed this was the legal form of proof in cases of disputed paternity established by the legislation of Iceland at this period,' and in that of Spain a century later.* Remy, Bishop of Dorchester, when ac- cused of treason against William the Conqueror, was cleared ■ Rapin, Hilt d'AngleUrre, I. ISS.—Oilai sUtM (noU to WmiuB of Mai. mthnrj, urn. 104S) that Richard of Dovliei b the oarHait avthority for thia itorj. * Order. Vitalii Lib. z. eap. 18. " Gr<g<8, SmU ti. cap. U. ^ " B al algana dlzlora quo preSada oa dalgnao, 7 al varon no la erayoro, pranda Sarro eallente ; a •! qoemada faere, non Ma ereyda, maa li fana aoea- para dal Serro, da el lljo al padre, e eriel aaai eomo fViero aa."<— Fvero da Baefa (Vllladiego, Faero Joigo, fol. 817 a). Ad inportant qaeetlon of the taaie kind waa tattled ia the teath ooDtnry b7 a direet appeal to Heaven, throagh wbleh the righta of Ugo, Marqala of Taaeaay, were determined. Hit father Uberto, Inoarriag the enmity of Otho the Oreat, 8ed to Pannonia, whence retamlog after a long exile, he fonnd hit wife Wllla with a boy, whom he refaeed to aeknowledge. After mnoh parleying, the delieate qveition wac thai aetUed: A large aieenbly, prinoipally of ecoleelaatlet, wac oonrened ; Uberto mA nndliUn- gnbhed among the crowd ; the boy, who had ncTcr teen him, wac placed in the centre, and prayera were offered by all precent that he ihonld be led by Divine iniitinct to hie father. Either the prayera were anawered, or hia training had been good, for he tingled ont Uberto without hetitation, and nuihed to hit armt ; the eantiont parent oonid indvlge no longer In anworthy donbia, and Ugo became the moit powerful prince of Italy (Pet Damian. Opata. LTii. Dim. H. a. 8, 4). 18 206 THE ORDEAL. by the devotion of a follower, who underwent the ordeal of hot iron.* In 1148 Henry L, Archbishop of Mainz, ordered its employment, and administered it himself, in a contro- versy between the Abbey of Gerode and the Counts of Hirschberg. In the special charter issued to the abbey attesting the decision of the trial, it is recorded that the hand of the ecclesiastical champion was not only uninjured by the fiery metal, but was positively benefited by it.' About the same period, Centulla lY. of B^arn caused it to be employed in a dispute with the Bishop of Lescar concern- ing the fine paid for the murder of a priest, the ecclesiastic, as usual, being victorious." But perhaps the instance of this ordeal most notable in its results was that by which Bishop Poppo, in 9G2, succeeded in convincing and convert- ing the Pagan Danes. The worthy missionary, dining with King Harold Blaatand, denounced, with more zeal than discretion, the indigenous deities as lying devils. The king dared him to prove his faith in his Qod, and on his assent- ing, caused next morning an immense piece of iron to be duly heated, which the undaunted Poppo grasped and car- ried round to the satisfaction of the royal circle, displaying his hand unscathed by the glowing mass. The miracle was suflScient, and Denmark thenceforth becomes an integral por- tion of Christendom.* The most miraculous example of this form of ordeal, however, was one by which the holy Suidger, Bishop of Munster, reversed the usual process. Suspecting his chamberlain of the theft of a cap, which was stoutly denied, he ordered the man to pick up a knife lying on the tab^e, having mentally exorcised it. The cold metal burned * BogerofWradoTtr. Ana. 1086. * Quod ferram mAauin porUniii DOn lolain non oomboMit, Md, ni Tldob*- tar, posiniodam iMiiorem reddidit. — Qudeoi Cod. Diplum. Moguni. T. I. Ko. liii. * If asaro ei IlAtoiilei, Fon da B^arn, p. zzzviii. * WIdakindi Lib. in. oap. 86.— Sigabori. OemblM. Ann. Mfi.^Ditbmari ObroB. Lib. II. cap. tIU. — Bazo. Grammai. HIjI. Panio. Lib. x. ORDBAL OF RED-HOT IRON. 20f the culprit's hands, as though it were red hot, and he forthwith confessed his guilt.^ No form of ordeal was more thoroughly introduced throughout tlie whole extent of Europe. From Spain to Constantinople, and from Scandinavia to Naples, it was appca1c<l to with confidence as an unfailing mode of ascer- taining tlie will of Heaven. The term ^^Judicinm," indeed, was at length understood to mean an ordeal, and generally ttiat of hot iron, and in its barbarized form, ^^Juise," may almost always be considered to indicate this particular kind. In tlio code of the Frankisli kingdoms of the East, it is the only mode alluded to, except the duel, and it there retained its legal authority long after it had become obso- lete elsewhere. Tlie Assises de Jerusalem were in force in the Venetian colonics until the sixteenth century, and the nianuscrijit, preserved ofllcially in the archives of Venice, described by Morelli as written in 1436, retains the primi- tive directions for the employment of the juise^ Even the Venetian translation, commenced in 1531, and finished in 1536, is equally scrupulous, although an act of the Council of Ten, April 10, 1535, shows that these customs had fallen into desuetude and had been formally abolished.' This ordeal even became partially naturalized among the Greeks. In the middle of the thirteenth century, the Empe- ror Theodore Lascaris demanded that Michael Faleologus, who afterwards wore the imperial crown, should clear him- self of an accusation in this manner ; but the Archbishop of Philadelphia, on being ap|)ealed to, pronounced that it was a custom of the barbarians, condemned by the canons, and not to be employed except by the special order of the emixsror.* * AnnaiifU 8azo, ann. MS. * This Uxi b flTM by KauUr, Stnilf srd, 1S39, iogtibar with m o1d«r •■• Mnplled for lh» lower eovrt of Nkoots. It b to thb oditlott tU* all roforoneoo are aiado. * Pardemp, Ui oi CoaUmiot d« la Mor, I. MS aqq. * Da Caage, t. t. FurMm eawitHi, 208 THK OaDBAL. In Europe, even as Into as 1310, in tlio proceedings against the Order of the Templars, at Mainz, Count Frede- ric, the master preceptor of the Rhenish provinces, offered to substantiate his denial of the accusations by carrying the red-hot ironJ Perhaps one of the latest instances of its actual employment was that which occurred in Modena in 1329, in a dispute between the German soldiers of Louis of Bavaria and the citizens. The Germans offered to settle the question by carrying a red-hot bar ; but when the townsfolks themselves accomplished the feat, and triumphantly showed that no bum had been inflicted, the Germans denied the proof, and asserted that magic had been employed.* The ordeal of fire was sometimes administei*ed directly, without the intervention of water or of iron ; and in this, its simplest form, it may be considered the origin of the proverbial expression, " J'en mettrois la main an feu,'' as an affirmation of positive belief,* showing how thoroughly the whole system engrained itself in the popular mind. The earliest legal allusion to it occurs in the code of the Ripnarian Franks, where it is prescribed as applicable to slaves and strangers, in some cases of doubt.* From the ' Bt iiiper boo paratni omoI ozperionUam tnblro it forram trdoiia porUro. — BaynoaAnl, Monamonti roIatlA b U Oondunn. Um ChoT. da Tomplo, p. 289. * Bonlf. do MoranoOhron. MatinenM.— op. Muralori Antlq. Ital. Biu. 38. ' Thai Rabolaii, *' on mon adais olio osi puoollo, loaiosroys io nen Tould- roji moiiro mon doigt on fou" (Pantagruol, Lib. ii. obap. zt.) ; and tbo BpUi. Obioar. Viroram (P. ii. EpUt. 1) *'Qaamvli M. Dornhardui dieorot, quod ToUet diipaUro ad ignem qaod boM oat opinio roalra." ^ Qaodil forru in ignoin uanum miMrili ot lauiaui tulorii, oto.— Tit. xxz. Gap. i. ; alio Til. zxxi. ir wo may oredil Oodronus (Oompend. Hiitor. Ann. 10 Anaitaaii)| aa oarlj at tbo joar 607, under the Emperor Anaitasini, a Oaiholio biabop, if bo bad boon woriUd in a iboologioal diiputo with an Arian, vindioatod bis tonoto by standing In tbo midst or a biasing bonflro, and thonoo addressing an admiring orowd ; but Codronus being a eompUor of tbo oloTonth oontury, and sealous in bis orthodoxy, tbo inoident oan hardly be thought to possess muoh importaneo oxoopt as illustrating tho age of tbo writer, not tliat attributed to tho ooourronoo. ORDEAL OF FIRB. 209 phraseology of thcso pnasogcfl, we may conclude that it was then administered by placing the hand of the accused in a fire. Subsequently, however, it was conducted on a larger and more impressive scale ; huge pyres were built, and the individual undergoing the trial literally walked through the flames. The celebrated I'etrns Jgneus gained his surname and reputation by an exploit of this kind, which attracte<l great attention in its day. Pietro di Pavin, Bishop of Florence, unpopular with, the citizens, but protected by Godfrey, Duke of Tuscany, was accused of simony and heresy. Being acquitted by the Oouncil of Home, in 1008, and the oflcr of his accusers to prove his guilt by the ordeal of Arc being refused, he endeavored to ]uit down his adversaries by tjTanny and oppression. Orcat disturbances rcsultc<l, and at length, in 106f , the monks of Yatlombrosa, who had borne a leading part in denouncing the bishop, and who had suffered severely in consequence (the episcopal troops having burned the mon- astery of S. Salvio and slaughtered the cenobites), resolved to decide the question by the ordeal, incited thereto by no less than three thousand enthusiastic FlorentineS| who assembled there for the purpose. Pietro Aldobrandini, a monk of Vallombrosa, urged by his superior, the holy 8. Giovanni Gualberto, offered himself to undergo the trial. Alter imposing religious ceremonies, he walked slowly be- tween two piles of blazing wood, ten feet long, five feet wide, and four and a half feet high, the passage between them being six feet wide and covered with an inch or two of glowing coals. The violence of the flames agitated his dress and hair, but he emerged without hurt, even the hair on his legs being unsinged, barelegged and barefooted though he was. Desiring to return through the pyre, he was prevented by the admiring crowd, who rushed around him in triumph, kissing his feet and garments, and endan- gering his life in tlieir transports, until he was rescued by his fellow monks. A formal statement of the facts was sent 18* SIO THB OEDBAL. to Borne by the Florentinee, the Papal court gave way, and the biahop waa deposed ; while the monk who had given bo striking a proof of hia ateadlast iaith waa marked for promo- tion, and eventually died Cardinal of Albano.* An example of a eimilar nature occurred in Milan, in 1103, when the Archbiahop Grosaolano was accuaed of aimony by a priest named Liutprand, who, having no proof to suatain hia diarge, offered the ordeal of fire. All the money he could raise, he expen^ded in procuring iiiel, and when all waa ready the partisans of the archbishop attacked the preparations and carried off the wood. The populace, deprived of the promised exhibition, grew turbulent, and Qrossolano was obliged not only to assent to the trial, but to Join the authori- ties in providing the necessary materials. In the Piazza di 8. Ambrosio two piles were accordingly built, each ten cubits long, by four cubits in height and width, with a gangway between them of a cubit and a half. As the undaunted priest entered the blazing mass, the flames divided before him, and closed as he passed, allowing him to emerge in safety — although with two slight injuries, one a burn on the hand, received while sprinkling the fire before entering, the other on the foot, which ho attributed to a kick from a horse in the crowd that awaited his exit The evidence was accepted as conclusive by the people, and Orossolano was obliged to retire to Rome. Pascal II., however, re- ceived him graciously, and the Milanese suflf^agans disaii- proved of the summary conviction of their metropolitan, to which they were probably all equally liable. The inju- ries received by Liutprand were exaggerated, a tumult was excited in Milan, the priest was forced to seek safety in flight, and Qrossolano was restored.* But the experiment was not always so successful for the rash enthusiast. In 1098, during the first crusade, after ' Yit. 8. Jobannb OaalUrti e. U -liir. * Landnlph. Jan. HUi. M«dii»l. eup. Iz., z., zi. (Rtr. IIaI. SoHpi. T. V.)- llaratori, Annal. Ann. 1108. ORDEAL OF FIRE. 211 the captnre of Antioch, when the Christians were in tnm besieged in that cit j, and, sorely pressed and famine-struck, were well-nigh reduce<l to despair, an ignorant peasant named Peter Bartliolomew, a follower of Rajrmond of Toulouse, announced a scries of visions in which St. Andrew and the Saviour liad revealed to liim tliat tlie lance which pierced the side of Christ lay hidden in the church of St. Peter. After severnl men had dug in tlie spot indicated, from morning until niglit, without success, Peter leaped into the trench, and liy a few wclklircctcd strokes of his mattock cxiiumcd the priceless relic, whtcii lie presented to Count Raymond. Clieered by this, and by various other mani- festations of Divine assistance, the Christians gained heart, and defeated the Infidels with immense slaughter. Peter became a man of mark, and had fresh visions on all import- ant conjunctures. Amid tlie Jealousies and dissensions which raged among the Prankish chiefs, the possession of the holy lauce vastly increased Raymond's importance, and rival princes were found to assert that it was merely a rusty Arab wea|)on, hidden for the occasion, and wholly unde- serving the veneration of which it was the object. At length, after some months, during the leisure of the siege of Archas, the principal ecclesiastics in the camp investi- gated the matter, and Peter, to silence the doubts ex- pressed as to his veracity, offered to vindicate the identity of the relic by the fiery ordeal. Ue was taken at his word, and after three days allowed for fasting and prayer, a pile of dry olive-branches was made, fourteen feet long and four feet high, with a passage-way one foot wide. In the pre- sence of forty thousand men all eagerly awaiting the result, Peter, liearing the object in dispute, and clothed only in a tunic,- boldly rushed through the flames, amid the anxious praj'ers and adjurations of the multitude. As the chroni- clers lean to the side of the Neapolitan Princes or of the Count of Toulouse, so do their accounts of the event differ; the fonncr asserting that Peter sustained mortal injury in 81S TIIK ORDEAL. the fire ; tlie latter assuring us that he emcrge<l safely, wilh but one or two slight bums, and that, the crowd euthusia»- tically pressing round him in triumph, he was thrown down, trampled on, and injured so severely that he died in a few days, asseverating with his latest breath the truth of his revelations. Raymond persisted in upholding the sanctity of his relic, but it was subsequently lost.* Even after the efforts of Innocent III. to abolish the ordeal, and while the canons of the Council of Lateran were still firesh, St. Francis of Assisi, in 1219, offered himself to the fiames for the propagation of the faith. In his missionaiy trip tp the East, finding the Sultan deaf to his proselyting eloquence, he proposed to test the truth of their respective religions by entering a blazing pile in company with some imams, who naturally declined the perilous experiment. Nothing daunted, the enthusiastic Saint then said that be would traverse the fiames alone if the Sultan would bind himself, in the event of a triumphant result, to embrace the Christian religion and to force his subjects to follow the example. The Turlc, more wary than the Dane whom Poppo converted, declined the proposition, and St. Francis returned from his useless voyage unharmed.* The honors ' Falebor. Cftrnoi. oap. x. { Radnlf. Cadomaiuiis oap. o., el., oU., otHI. ; Raimond. da AkIIm (Boogari, I. 160-108). The latter wat obaplain of the Count of Tonlouae, and a firm asierter of the authenticity of the lanoe. lie relatee with pride, that on ita dieooverj he threw himielf into the trench and kiaaed it while the point only had ai yet been nnooTered. lie likewiie officiated at the ordeal, and delivered the adjuration at Peter entered tlie flames : '* Si I>eus omnipotena bnlo homlnl loquntua eat facie ad fiiciem, et beatua Andreaa Lanoeam Dominicam ostenditoi, cum ipie Tigilaret, transeat iiito ill»tua per ignem. Sin autem aliter eat, et mendaoinm eet, comburatur late oum lanoea quam portabit in manibua aula." Raoul do Caen, on the other hand, in 1107 became aeoretary to the ohivalrous Tancred, and thua obtained hia information from the opposite party. He is Tery decided In hia animadvertlons on the discoverers. Fulcher de Chartres was chaplain to Baldwin L of Jerusalem, and seems impartial, though foeptical. * Raynaldl Annal. Eccles. ann. 1210, c. 60.— In this, St. Francis en- deavored nnsueeessfally to emulate the glorious achievement of 6L Boniface the Apoatle of Russia, who converted the King of Russia and his court by OBDBAL OV VIBB. 818 wlilch the iinlxslicvcTS rendered to their self-sacrificing gnest mil}' perlmps be expinined by the reverence irith which they are accnstomed to regard madmen. A still more remarkable attempt at this kind of ordeal occurred at a much later i^eriod, when the whole system had long liocome obsolete, and though not carried into execution, it is worth}' of passing notice, as it may be said to haye produced results afTecting the destinies of civilization to our own day. Wlicn, at tlie close of the fifteenth century, Savonarola, the precursor of tlie lleformation, was com- mencing at Florence the career which Luther afterwards accompltshofl, and was graduall}' throwing off all reverence for the infamous Borgia, who then occupied the chair of St. Peter, ho challenged any of his adversaries to undergo with him the ordeal of fire, to test the truth of his propositions that the Church needed a thorough reformation, and that tlie excommunication pronounced against him by the Pope wa4 null and void. In 149t, the Franciscan Francesco di Puglia, an ardent opponent, accepted the challenge, but left Florence before the preliminaries were arranged. On his return, in the following year, the affair was again taken up ; but the principals readily found excuses to devolve the dan- gerous ofllce on enthusiastic followers. Giuliano Rondi- nelli, another Franciscan, agreed to replace his companion, declaring that he expected to be burned alive; while on the other side the ardor was so great that two hundred and thirty-eight Domhiicans and numberless laymen subscribed a request to be permitted to vindicate their cause by tri- umphantly undergoing the trial unhurt, in place of Do- menico da Peschia, who had been selected as Savonarola's champion. At length, after many preliminaries, the Signiory of Florence assigned the 7th of April, 1498, for the experi- ment. An immense platform was erected, on which a huge pile of wood was built, charged with gunpowder and other ■MMit of A timUAr burgain and ordeftl — ai ImiI aeoordinf to Um oorrenl martyrologief (MnHjrol. Boman. 19 Jan ), oo ihe Mihoriij ofBi. Pator I>»- nlaa (Vit 6. BomaalU. o. S7). 214 > TUB ORDBAL. combnatibles, and traversed by a narrow passage, ibroagb wbieb tbe cbampions were to walk. All Florence assembled to see tbe sbow ; bat, when everything was ready, quibbles arose about permitting the champions to carry crucifixes, and to have the sacrament with them, about the nature of their garments, and other like details, in disputing over which the day wore away, and at vespers the assemblage broke up without result. Each party, of course, accused the other of having raised the difficulties in order to escaiic the ordeal ; and the people, enraged at being cheated of the promised exhibition, and determined to have compensation for it, easily gave credit to the assertions of the Franciscans, who stimulated their ardor by affirming that Savonarola had endeavored to commit the sacrilege of burning the sacrament. In two days they thus succeeded in raising a tumult, during which Savonarola's convent of San Marco was attacked. Notwithstanding a gallant resistance by the friars, he was taken prisoner, and, after undergoing frightful tortures, was hanged and burned. Thus was repressed a movement which at one time promised to regenerate Italy, and to restore purity to a corrupted Church. The mind loses itself iu conjecturing what would have been the result if the career of Savonarola hod not thus been brought to an untimely end; though, while fully acknowledging his genius and fervor, we must admit that he was not of the stuff of which the leaders of mankind are fashioned.* It will bo observed that the ordeal of fire was principally ' I hAT« prlDoipally followed a rery curious and oharftoterblle aooonnt of tbe *'8perimento del Fuooo," eoniaioed in a Life of Savonarola by tbe P. Paalfloo Durlamaeoblf given by Mansi in bii edition of tbe Mlaeellanoa of Balute, I. 630 iqq. BurlAmaeobl, ae a friend and ardent follower of the reformer, of oouree throws all tbe blame of defeating the ordeal on tiie quibbles raised bj tbe Franoisoans, while the Diary of Burcbard, master of oeremonies of the Papal Chapel to Borgia (Diarium Ouriss Romano), ann. 1498), roundly ajserts the oontrary. Ouioolardinl (Lib. iii. cap. vi.) briefly atates the Ibots, without venturing an opinion, except that the result utterly destroyed the oredlt of Savonarola, and enabled his enemies to make short work with him. ORDBAL OV riBB. 216 afTcctofl by ecclesiastics in church aflhirS) perhaps because it was of a nature to produce a powerAil impression on the s])cctators, while at the same time it could no doubt in many instances be so managed as to secure the desired results by tliosc who controlled the details. In like manner, it was occasionally employed on inanimate matter to decide points of faitii or polity. Thus, in the question which excited great commotions in Spain in lOft, as to the substitution of the llonmn for the Gothic or Mozarabic rite, afler a Judicial combat had been fought and determined in fayor of the national ritual, the partisans of the Roman offices continued to urge their cause, and the ordeal of fire was appealed to. A missal of each kind was committed to the flames, and, to the great joy of all patriotic Castilians, the Gothic offices were unconsumcd.* A somewhat similar instance occurred in Constantinople, as late as the close of the thirteenth century, when Andronicus II., on his accession, found the city torn into factions relative to the patriarchate, arising from the expulsion of Arsenius, a former patriarch. All attempts to soothe the dissensions proving vain, at length both parties agreed to write out their respective statements and arguments, and, committing both books to the flames, to abide by the result, each side hoping that its manuscript would be preserved by the special interposition of Heaven. The ceremony was conducted with imposing state, and, to the general surprise, both books were reduced to nslios. Singularly enough, all parties united in the scnRible conclusion that God had thereby commanded them to forget their diflbrences, and to live in peace.^ The genuineness of relics was often tested in this manner * Ptrn^raP, Hint. Oht, d'RpiMgne, irsd. d*mrm\\tj, III. S4S. Tho m- Uieniielty of thia miraole bM nomewhai exer«iaed oHhodoz writer*, sad MaMHon alalra (hml the earliewi aalhoritj for it la Roderfo, Arehbbhop of ToMa, wbn SniarUb«d la the middle of ihe Ihirteenlb oenCarj (Prooem. ad ViL Or^. VII. No. 10). If Uila be ao, it only abowa to bow laU % period tbe PUprrMilinn i>xlended. • Miceiib. Uregor. Lib. ▼!. 816 TDK OEDSAL. by exposing ilicm to the aciioii of fiie. Wben, in 1065, the pione ^gelwin, Biebop of Dmiiam, minciiloasly diaDovcied the relics of tlie holy martyr King Oewyn, he gave the hair to Judith, wife of Tosti, Eari of Northumberland, and she with all reverence placed it on a raging fire, whence it was withdrawn, not only uninjured, but marvellously incressed in lustre, to the great edification of all beholders.* Guibcrt de Nogent likewise relates that, when his native town be- came honored with the possession of an arm of St. Amoul, the inhabitants, at first doubting the genuineness of the precious relic, cast it into the fiames; when it vindicated its sanctity, not only by being fire-proof, but also by leaping briskly away from the coals, testimony which was held to be incontrovertible.* The cold-water ordeal (Judicium aqum frigidss) differed firom most of its congeners in requiring a miracle to convict the accused, as in the natural order of things he escaped. The preliminary solemnities, fasting, prayer, and religious rites, were similar to those already described; the reservoir of water, or pond, was then exorcised with formulas exhi- biting the same combination of faith and impiety, and the accused, bound with cords, was lowered into it with a rope, to prevent fraud if guilty, and to save him from drowning if innocent;* the length of rope allowed under water being an ell and a half, according to the Anglo-Saxon rule.* The basis of this ordeal was the superstitious belief that the pure clement would not receive into its bosom any one stained with the crime of a false oath, a belief which, as wo * If AUhtw of WMimlosUr, Ann. lOflS. * Quibcrt. Noviogtnt. d* ViU ran Lib. in. onp. isL * N« nni nliquem poult frnadem in Judioio Uow, aui li nqun lllnm velui innoziom rooiptrii, ne in nqua pcrioleUinr, ad Umpm vnlent ntrahi. — Ulnemnr. de Divort. Lollinr. InUrrog. Ti. li may r«adilj be lappoied tba( a ikilAil managemeni of ibe rope migbt tuilj produce ibo appearanoe of floating! when a oonTlotion wa« deoired by the priestly operators. * Bt si Jttdieinm aqno friglde sit, tuno immergatttr nna ulna et dimidin in Aine.^L. Jithelstani, i. oap. xxiU. ORDBAL OV OOLD WATBB. SIT' hftvo Bccn, WAS entertained in primeval India, and which bears considerable rcucmblance to the kindred superstition of old, that the earth wonld eject the corpse of a criminal, and not allow it to remain quietly interred. The ecclesi- astical doctrines on the subject are clearly enunciated by Ifincnmr: "lie wl»o seeks to conceal the truth by a lie will not sink in the waters over which the voice of the Lord hath thundered ; for the pure nature of water recognizes as impure, and rejects as incompatible, human nature which, released from falsehood by tl\e waters of baptism, becomes a^ln infected with untruth."* The baptism in the Jordan, the passage of the Ke<l Sea, and the crowning Judgment of the Deluge, were freely adduced in support of this theory, though these latter were in direct contradiction to it, and the most figurative language was boldly employed to give some show of probability to the results expected. Thus, in St. Dunstan's elaborate formula, the praj^er offered over the water metaphorically adjures the Supreme Being — "Let not the water receive the body of him who, released from the weight of goodness, is upborne by the wind of iniquity!'" As practised in modern India, however, the trial is rather one of endurance. The patient stands in water up to his middle, facing the East, lie dives under, while simulta- neously an arrow of reed without a head is shot from a bow, lOG fingers* breadth in length, and if he can remain under water until the arrow is picked up and brought back, he gains his cause.' ' Q«l ▼•riUUn nendaeio eapU obUgert, in ftqnlt^iapcr qaM vox Do- mini Del mnJetUilt Intonnlt, non pol«ft mcrgi, qnin pan natnrn aqnn nnln- nim hnrnMnnm per aqnani baptiemailt nb omnl nendaoll flgnento parfaUn, liemm mendnelo lnfoet«Ri, non reeognoMit panmi, et Ideo enm non reelplt, ••d r«*J{eli at ellennm. — De Dirori. Lothar. InUrrog. rl. * Nee pNllnntnr reetpere eorpas, qnnd nb onere bonlUiUs eTnennian, Tentns inlqailnlii nUernTli no Inane constltnii.— Ordo 8. Danstanl Doro- bern. (Bnlnse, II. 050.) * Ayeen Akbery, II. 407. Tbe afe of this ordeal wae eonOned to Ihe Valtjn or eatle of bafbandmen and uierebanU. 19 2ia THB OUDBAIi. Although the iiso of this foim of orilcAl prevailed wher- ever the judgment of God was appealed to, aud although it enjoyed a later existence than any of its kindrad practiccsi it was the last to make its appearance m Europe. Tlicro seems to bo good reason for attributing its introduction as a Ohristian mode of trial to Poi)e Eugenius II., who occu- pied the pontifical throne Arom 824 to 827, although some critics have denied to it this paternity, on what would seem to be insufficient grounds. Baluze gives a formula for cuu- ducting it which is thought to be of the ninth century, aud which expressly states that Eugenius invented it at the request of Louis-le-Ddbonnaire, as a means of repressing the prevalent vice of perjury ; and another manuscript to which Mabillon attributes the same date makes a similar assertion.* All this derives additional probability from the fact that the cold-water ordeal is not alluded to in any of the codes or laws anterior to the ninth century, while it is continually referred to in subsequent ones ; and another evidence of weight is afforded by St. Agobard, Archbisliop of Lyons, who, in his celebrated treatise against the judg- ment of Qod, written a few years before the accession of Eugenius, while enumerating and describing the various modes in use, says nothing about that of cold water.* The * Hoe Jodioiam aatem, p«tenU Domno Hladovioo Imptraiore, ooDiUinU beaittt Bogenlui, . . . . ne perjari super reUqaias lanotorum perdani suae animaa in malnm eonfenUeniei (Balnie, II. 640). — Hoe aatem Jadieinm ereavU omDlpotene Dooi, ei voram osi; oi per I>oiiinum Bugoiilum ApettuU- euin invoniom est (Mabillun, Analeota, pp. 101, 102, ap. Cangiaui.).— The same asserUon is made In several other rituals whioh are given at length by Haraiori (Antiq. Ital. Dissert. 88) ; and by Jaretns (Observat. ad I von. Bpist. 74). Some anoient M6S. also attribate it to Leo III., a quarter of a century earlier, stating that when in 700 the Romans revolted sgainst him, he fled to Oharlemsgne, and that, on the Emperor's bringing him baok to Rome, this form of ordeal was introdueod to try the authors of the disturb- anee. (Muralori, loc. cit.) * Non oportet . . . suspioari quod omnlpotens Deus oeeulta hominum in proDsenti vita per aquam ealidam ant ferrum revelari velitj quanto minus per erudelia certamina?— (Lib. adv. L. Qundobadi cap. ix.) And again, in the OBDBAL or OCTLD WATER. 219 only ar^mcnts alleged in fayor of an earlier date are t»r- tain passages in Gregory of Tours, dcseribing miracles in which saintly personages condemned to be drowned floated trntmphantly ashore — cases which have evidently notliing to do with the question, as they were interpositions of Providence to save, not to condemn, and were inflictions of punisluncnt, not legal investigations.* The new process had a hard struggle for existence. But a fow years nflcr its introduction, it was condemned by IiOuis-lo-DcnKuinntre at the Council of Worms, in 829; its use was strictly proliibitcd, and the ^'missi dominici" were instructed to see tliat the order was carried into effect, regulations which were repented by the Emi)eror Lothair, son of Louis.* Notwitlistanding this, it seemed to adapt Hw\t to {Mipnlar prejudices, and the interdiction was of little avail ; Ilincmar, indeed, dismissing it with the remark that the prohibition was not confirmed by the canons of authoritative councils.* The trial by cold water spread throughout Europe, and among all the Continental racQS it was placed on an equal footing with the other forms of ordeal. Among the Anglo-Saxons, indeed, its employment has l)cen called in question by some modem writers ; hut the Dooms of JCthclstan, and the formula of St. Dunstan Uh%f eoBtn Jndiolam Del, oap. I. : *' llilU mram d« Ub, q«l oongr^diator neevn lingiiUri o«rUiiilB«, at prob«l me ranm iibi mm, si OMid«rii ; Aoi ftU, Job* feimiii Tel sqoM ealefleri, qoM manibos Ulatot aUrMtem ; ft«i eomiiUiie erneM, uA qaM eUni ImmobUle perMrerem." ' Gregor. ToroB. MirMol. Lib. i. o. 69, 70. The Bpltile given in OraiiAii (0. Ifenvea etu. S. q. 6) m wriiUn by 6i. Qregory to Qqmb BninhHdft, Mftreely needs a relbrenee, lis allaslons to the ordeal haTing long sinM.beon rMtored to their true author, Alexander II. (Bpist. ISS). * Ut ezamen aqns» frigids», qnss haetenas flebat, a missis nostrls omnlbvs modls Intordieatar, ot non nlUrins flat.— Capit. Wonnat. Ann. SS9, Tit. it. eap IS:^L. Longobard. Lib. ii. Tit It. 4 81. * Hm prflstoreandam quia legimns in eapitnlis Aagnstomm ftaisM Tetitnm frIgldsB aqas» Jadielom ; sod non in Ulis synodalibns qns» de eertis aoMpimnf ^nodlff.— De DlTort. Lothar. Interrog. tI. 8S0 TnB'ORDSAL. of Canterbury, already quoted, aufllciently mauifcst iU existence in England before the Conquest. The ordeals of both bot and cold water were stigmatized as plebeian from an early period, as the red-liot iron and tlio duel were patrician. Tbus Uincmar, in tbe niutb centurj', alludes to tbe former as applicable to persons of servile condition ;* a constitution of tbe Emperor St. Ilenry 11^ about A. D. 1000, in tbe Lombard law, bas a similar bear- ing ;' an Alsatian document in tbe eleventb,* and tbe laws of Scotland in tbe twelltb century, assume tbe same i)o- sition ;* and Glanville at tbe end of tbe twelflb century expressly asserts it.* Tbis, bowever, was an innovation ; for in tbe earliest codes tbere is no sucb distinction, a pro- vision in tbe Salique law even prescribing tbe ameuni, or bot-water ordeal, for tbe Antrustions, wbo constituted tbe most favored class in tbe state.' Nor even in later times was tbe rule by any means absolute. In tbe tentb century, Sancbe, Duke of Gascony, desirous of founding tbe monas- tery of Saint Sever, claimed some land wbicb was necessary for tbe purpose, and being resisted by tbe possessor, tbe title was decided by reference to tbe cold-water ordealJ In 1027, Guelf II., Count of Altorf, ancestor of tbe great * Ui fl praikti tni hominef quia non llbem eondtiionlt rant, ani emn ftqaa frigida, aat oam aqaa oaUda, ind« ad jodloiam Dei •zirent, qaid ind* Beoa oitenderel mihi saAoeret. — Opiuo. adT. HiDcmar. Iiandun. eap. zliil. * 8i qala . . . aoeufatoi negar* Tolaorii, aai ptr dnellttin ti Mber etl j li T«ro Mrfni, par Jadloinni ferventif aqa» defendai m. — L. Longobard. Lib. I. Til. iz. ^ S9. * Eiii . • . ipaa InnoMDtiiD ran ezpurgatioDem apptllaverit, liber vol pertonatua aerriena, al iofira pairiam aai, poai aepUm diernm induoiaa ouui toiidem aiUB oomparitaUa taailbua; plebojaa auiom ai ninoria taaUmoail ruaiioaa, aqaa> frigido aa expiirgai Judioio.— lieooaa. Coufani. Alaai. Anno 1061, \ 0. (Qoldaai. Oonaiit. Imp. II. 48.) ' Bagiam Hajastatam Lib. iy. aap. iii. \ 4. * In tali autam canaa tanatur aa pargara ia qui aaauaaiar par dol Jndioinni .... aeillcai par farram eallduin ai faarit homo libar, per aquam ai ftiarii maUeoa.— Da Legg. Anglln Lib. zir. eap. 1. * Tazl. Harold. Til. lzzti. * Masura ei Hatoulel, Fora de B4nrn, p. zzzl. ORPSAL or OOLD WATSR. 391 hofifies of Onelf in ItiUy and England, having taken pari in the rerolt of Conmd the Yotingcr and Ernest of Snabia, was forced by the Emperor Conrad the Saliqtte to prove his innocence in this manner.* This may have been, |)erhap«, intended rather as an hnmnintion than as a judicial proceed- ing, for Uuelf had iKM^n guiHy of great excesses in the con* duct of the rcliellion ; but about the same perio<l Othlonns relates an incident in which a man of noble birth accused of theft submitted himseif to tlie cold water onleal as a matter of course ;* and we find, nearly two centuries later, when all the vulgar ordeals wera falling into disuse, that the water ordeal was cstabltslied among the nobles of Southern Germany, as the mode of deciding doubtful claims on fiefii.* In 1083, during the deadly struggie between the Empire and the Papacy, as ])ersonified in Henry lY. and llildebrand, the imiierialists related with great dcligiit that some of the leading prelates of the Pai>al court submitted the cause of their chief to this ordeal. After a three days' fhst, and proper benediction of the water, they placed in it a boy to represent the Emperor, when to their horror he sank like a stone. On referring the result to llildebrand, he onlere<l a repetition of the experiment, which was attended with Uie same result. Then, throwing him In as a representative of the Pope, he o1)6tinately floated during two trials, in spite of all efforts to force him under the surface, and an oath was exacted from them to maintain inviolable secrecy as to the nnex])ected result.* Perhaps the most extensive instance of the application of this form of ordeal was that propose<l when the sacred vessels were stolen from the cathedral church of Laon, as related by a contemporary in a MS. of Laon quoted by * CMrad. Urtperg. nh LoUiar. Saxon. * QakUm llliulrit Tir.— OthloB. do llirM. qaod Bopor Moidii tio. (P^ Irol. T. 140, p. Ut.) " Jurte Food. Alamiiii. onp. Ivzrli. § S. ' MS nrli. Mm. iniortod bj Perit In Hago. Florlniao. Lib. ti. 10* 222 TnS ORDBAL. Jurctns.* At A council convened on the subject, Master Anselm, the most learned doctor of the diocese, suggested that, in imitation of the plan adopted by Joshua at Jericho, A young child should be taken from each parish of the town and tried by immersion in consecrated water. From each house of the parish which should be found guilty, another child should be chosen to undergo the same pro- cess. When the house of the criminal should thus be dis- covered, all its inmates should be submitted to the ordeal, and the author of the sacrilege would thus be revealed. This plan would have been adopted hod not the frightened inhabitants rushed to the Bishop and insisted that the experiment should commence with those whose access to the church gave tlicm the best opi)ortunity to )Xir|)ctrate the theft. Six of these latter were accordingly selected, among whom was Anselm himself. While in prison await- ing his trial, he caused himself to be bound hand and foot and placed in a tub full of water, in which he sanlc satisfac- torily to the bottom, and assured himself that he should oscai)e. On the day of trial, in the prcscuce of an iuimensc crowd, in the cathedral which was chosen as the place of judgment, the first prisoner sank, the second floated, the tliird sank, the fourth floated, tlie fifth sank, and Anselm, who was the sixth, notwithstanding his previous experi- ment, obstinately floated, and was condemned with his ac- complices, in spite of his earnest protestations of innocence. Although the cold-water ordeal disappears from the statute-book in civil and in ordinary criminal actions at the same time that the other similar modes of purgation were abandoned, there is one class of cases in which it niaintiiined its hold upon the popular faith to a much later jxiriod. These were tlie accusations of sorcery and witch- craft which form so strange and prominent a feature of me- diaeval society, and its use for this purpose may apparently ' ObMnrat. in Ivon. Carnot. Epist. 74. OBDEAt or GOLD WATSR. 823 tic traced to ynrious cnnscs. For nnch crimes, drowning was the pnninhincnt inflicted by the cnRtoms of the Franks, ns soon as tliey had lo>«t the resiKJct for individnal liberty of action wliich excluded iiersonal punishments from their original code;* and in addition to the general belief that ' Loclbfirias . . . Gerb«rgiun, more maitjicomm, in Ararl iB«rgl |irfl»- oepll.— Nithardl Hist Lib. i. Ann. 834. Tbe Saliqne law merely ln6ieUi llnet in easet of witcberftA, eren wben iho oflendor bud, Aceonlinn to a witlelj fprend taperBiilion of iho iimof , eaion iho Tietim bodily (L. Bmendal. eap. zxi. 4 3; e«p. IzTit. \ 3). Bo alio iho L. Riptmrior. (Tii. Izxxiii.). Chorlemngno allowed sniipeeiod penona io bo ioriarod for eonfeaiion, provided the proeeaa was noi oarrled to the poini of deaih, and after conriolion they were to be impriioned nntU amendmeni (Capli. II. Ann. 805, § xzt.). The legislation of other raoea was very Tarioua In this reppeet. The Ostrogoths Tisited all sneh praetiees with death (Cod. Theoderlei cap. ctiii.), relaxing somewhat on the laws of Constantine, who aonghi to extirpate Ibera with Are and tormenis (Const. 8, 6, 7, 0. De Male- flcis IX. 18). The Wisigoths more hamanely oontenied themselres with stripes, shaving the head, and exposure (L. Wisigoib. Lib. vi. Tit. ii. eap. 8). The Lombard law (Lib. ii. Tit. xxxvili. 4 2) ordered tbem to be sold as slares beyond tbe boondaries of the prorinee, and the earliest legislator, King Rotharis, denounced serere penalties against thooe who pat women to death nnder tbe absard belief that they eonld eat liTlng men—** QaoA Ohrlstianis mentibos nallatenas est oredendnm, nee posslbile est, nt homlnem mailer ▼ivam intrinseens pomit eomedere'* (L. Longobard. Lib. i. Tit. si. 4 0). The Pagan Saxons entertained n similar saperstition, for whieh they were in the habit of horning witehes and soreerers, and even of eating them In tarn, as we learn from the elvllitlng and Christianising eapltnlary of Charlemagne : '* 81 qaif, a diabolo deeeptos , oredlderit, seeandnm morem paganoram, Tlram nliqaem ant femlnam sirigam esse ei homines eomeilere, et propter hoe Ipsam incenderit, rel earnem ejns ad eomedendam dederit, Tel Ipsam eomederit, capitis scnientia panieinr etc." (Capit. de Pariibas Saxoniss, Ann. 789, 4 tI.). The Anglo-Saxons merely banished the witch who would not reform, with the penalty of death for disobedienoe (Laws of Bdward and Gothram, Tit. XI.; Bthelred, ti. 4 7; Cnat. Secniar. eap. it.) { unless the death of a Ticlim bad been compassed, wben the offender was exeeated (Athelstan, i. 4 8), or delirered io tbe kindred to be pnnished at their pleasore (llenriel L Tit LZXI. 4 I). The primitiTO law of ScoUand, as given by Boetins, was more severe, condemning to the stake all engaged In such practices (Kenetht Leg. Civil, cap. 18— Spelman. Condi. I. 341) ; while In Ilangary, for ordi* nary witchcraft, on a flrst offence the criminal was only handed to the Bishop to bo reformed by faHing and the catechism ; a second offence was visited with braiHling on Iho forrhead, hf«ad, and hark, in the form of a cross with a 224 THK ORDBAL. the pnro doment refbscd to receivo those who were tainted with crime, there was in this special class of coses a widely spread superstition that adepts in sorcery and ma^c lost their specific gravity. Pliny mentions a race of enchanters on tlie Euxino who wore lighter than water — "eosdem non posse mcrgi . • . no veste qiiidam degravatos;" and Stephanus Byzantinus describes the inhabitants of Thebe as magicians who could kill with their breatli, and floated when thrown into the sea.* This whimsical opinion was perpetuated to a comparatively late i)eriod, and gave rise to a species of ordeal known as the IritU by balance^ in which the suspected sorcerer was weighed to ascertain his guilt, enabling him, we may presume, to escape, except when tlie Judges, determined to procure a conviction, man- ohnrch kej: bni whoa lift was atUmptod in snoh praotioM, the loroarw wu dellTerad to the rafferar or hif frUndi to bo troAtcd at thoir diaorotion (Legg. B. Stopbaoi, 0. zzzl. zzzii). The progreai of onUghtonmont In Hungary waa rapid, for, by th« end of tbo eantury, wo And King Ooloman oontoniing hiniaoir with the briof remariL, " Do atrigia foro qu» non aunt, naila qnasstlo flat" (Deerot. Ooloman. o. 2a^Balthjani, Logg. Beoloa. Hung. T. I.p. 455). Tbo oaiiao of humanity gained but littlo wlion, all aneh aoooaations being Ineluded in tbo oonvenient general ebarge of horeay, for Ave hundred yoara laekloM >harpers and dopes were eommitted pitilosaly to the flames. Kiog James I. briefly dismiasos the qnestlon of their punishment with the appro- priate remark, ** Passim obtinuit ui orementur. Qoanquam in hao re sua ouique genti pcrmittenda est eonsuetudo." (Domonologiio Lib. iii. e. Yi.) Even in the enlightenment of the seventeenth century, who oan read without grim disgust and wonder the terrible faroe of the trial of Urbain Qrandier, hurrying, amid details iudioronsly revolting, its unfortunate vietiro through torture to the stake, to gratify the quenchless malioe of Oardinal Kiohe- lien ? Nor did the tragedy cease for yet a hundred years. In the middle of the eighteenth oentury, Muratori oould still write — ** Novimns etiam inno- eentes priosertim mulieres interdum in veneAoii suspiolonem adduetaa Aiisae in quibusdam Christlani orbis partibns, et ant igni datas, aut mortis perieu- lum viz evasisse : neque alia do oanssa reas vulgo oreditas qnam quod sub fosoe annornm illarum humeri Jam eurvarentur." — (Antiq. Ital. Dissert. 69.) Perhaps the superstition of the devouring of living men by witches may find its last lingering remnants in the vampirism of Eastern Europe. * Amoilhon, do I'Epreuve de TEau Froide. ORDBAL or jOOLD watsb. 825 Aged to cludo the ylgilonoe of tho inspcctora.* To the concnrroncc of thcBC notions we may attribute the fact that when the cold-water ordeal was abandoned, in tho thirteenth century, as a judicial practice in ordinary cases, it still maintained its place as a special mode of trying those unfortunate iiersons whom their own folly, or the malice and fears of their neighbors, jiointed out as witches and sorcerers.* No less than a hundred years afler the eflbrts of Innocent III. had virtually put an end to all the other forms of vulgar ordeals, we find Louis Ilutin ordering its employment in these cases." At length, however, it fell into desuetude, until the superstitious panic of witchcraft which took possession of the popular mind in the second half of the sixteenth century caused its revival.* The ■ RieVInt (D«r«iit. Prob» Aq. Frigfd. f 41), writlnf In 1694, tptAkt of Ibit af A commoB pnietiM in mnny pUeof, and gmrely a«f orM u thai very larga and fat women had b«an fonnd to weigh only thirUen or flfloen poanda. KSnigawarter (op. cii. p. 186) itaUa thai aa lalo a« 1728, ai 8iegodln«ia llQngary, thirtoon perions lUfpeoted of ioroory wera, by order of oonri, rabjoeiod to the ordeal of oold water, and then to that of the balance. Ai Oadewater In Ilolland, aeeording to the aame anthority, the soalei naod on tbeae oeeaaloni are itill to be eeen. A modification of the trial by balance eoneittod in patting the aecopod Into one Male and a Biblo into the other. (Collin de Tlaney, a. r. JUblionumei$,) At the ilropleit, leait painfnl, and perhapi moit easily nanlpolated form of ordeal, thla was monopoHited in India by the Brahmini. As praoiised by them, the enltor waa weighed, and then, afler certain religloai ceremonies, he waa weighed again. If he had lost weight meanwhile, he waa pronennced Tiotorlons, bnt If his density remained stationary, be waa eondemned. (Ayeen Akbery, II. 4M.) * In earlier times, Tarioas other modes of proof were habitaally praetised. Among the Lombards, King Rotharis prescribed the Jndioial oombai (L. Ijongobard. Lib. i. Tit. zrl. \ 3). The Anglo-Saxons (^thelstan, cap. Ti.) direct the triple ordeal, which was either red-hot iron or boiling water. * Ille ttdrersas qnem maleHciom factom fteerlt vol prodilio, si aliam aeon- sarerity de qno allqaa saspicio sit cnrisB, acoasataa reclpiet Jadlcinm aqom frigidm.—Regest. Lndorici Untini (ap, Cangiom). * Scribontns, writing In 158S, speaks of it as a norelty "atpote qtts» in aliia Germants» partlbns tIz audita esset;** bat Neawald asrares as that it had been anlrersally employed for eighteen years prerioos^" aed in West* phalla forme ante annos ootodeelm est pnsiilm obsorvaU." 236 TUB ORDBAL. crimo was ono so clilllcult to provo jiulicially, and iho ordeal offered bo ready and bo Batisiactory a Bolutiou to the doubts of timid and conscientious judges, that its extensive use is not to be wondered at. The professed Diemonographers, Bodin, Binsfeld, Godelnuinn, and others, either openly rejected it, or omitted all reference to it, but still it did not want defenders. In 1583, a certain Scribo- nius, on a yisit to Lemgow, saw three unfortunates burnt as witches, and three other women, the same day, cximsed to the ordeal on the accusation of those executed. lie describes them as stripped naked, hands and feet bound together, right to left, and then cast upon the river, where they floated like logs of wood. Profoundly impressed with the miracle, in a letter to the magistrates of Lemgow, ho expresses his warm approbation of the proceeding and endeavors to explain its rationale, and to defend it against unbelievers. Sorcerers, from their intercourse with Satan, partake of his nature ; he resides within them, and their human attributes become altered to his; lie is an imponder- able spirit of air, and therefore they likewise become lighter than water. Two years later, Ilcrmauu Ncnwald published a tract in answer to this, gravely confuting the arguments advanced by Scribonius, who, in 1588, returned to the attack with a larger and more elaborate treatise in fluvor of the ordeal. In 1594, a more authoritative combatant entered the arena-^acob Rickius, a learned jurisconsult of Cologne, who, as judge in the court of Bonn, had ample opportunity of considering the question, and of putting his convictions into practice.* He describes vividly the * ThM* Tarlooa iraoU wer« ooUeoted togathar and reprinted in 1 680 at LaipilOy in 1 vol. 4to. It eontaiot lUoliiai'i ''Ooinpondloia oerti>qae modii aatriota defensio Probm Aquo) Frlgidn, qna) in examinatione malefloarum plerique Judioet hodie ntuntur;" ilia " Epiatola de Pargationa Sagarnm anpar Aqaam frigidam projeotarnm" of Scribonius; and Neowald's **Eze- getii Purgationlfl sivo Bzaminit Sagarum, Ao." Tbara are few more eurioui pioturea of the age to bo found bj the student joi the m^ateriea of human intelligenoe. OBDBAL or OOLD WATER. 227 perplexities of the Jnclges hesitating between the enonnitj of the crime nnd the worthlessness of the evidence, and his elaborate discussions of all the argnments in its favor may lie condensed into this : that the offence is so difBoult of proof that there is no other certain evidence than the ordeal y that without it we should be destitute of absolute proof, which would be an acbnission of the superiority of the Devil over Ood, and that anything would l>e preferable to such a conclusion. He states that he never administered it when the evidence without it was sufllcient for conviction, nor when there was not enough other proof to justify the use of torture; and that in all cases it was employed as a prelude to torture — "prmparandum et mnniendum torturoa viam" — the latter lieing fitjquently powerless in conscquenco of diabolical influences. The sickening instances which ho tletnilH with much complacency as irrefragable pn>ofs of his |w)sitions sliow how frequent and how murderous were the coses of its employment, but would occupy too much space for recapitulation here ; while the learning displayed in his constant citations from the Scriptures, the Fathers, the Roman and the Canon Law, is in curious contrast with the superstitious cruelty of his acts and doctrines. In France, the central power had to he invoked to pnt on end to the atrocity of such proceedings. In 1588, an oppeol was token to the supreme tribunal from a sentence pronounced by a Chami)enois court, ordering a piisoner to nndergo the exiieriment, and the Porlement in December, ICOl, registered a formal decree against the practice; on onler which it found necessary to re])eat, August 10th, 1641.' Tlmt this lotter was not uncalled for, we may assume from the tcsthnony of the celebrated JerOme ISignon, who, writing neorly at the some time, soys thot, to his own knowledge, within o few years. Judges were in the habit of elucidating ' Ktfnigtwartor, op. oii. ^ 170. 22S TnS ORDEAL. doubiftil cases in this manner.* In England, James I. grati- fied at once his conceit and his superstition by eulogixiug the ordeal as an infallible proof in such cases. His argu- ment was the old one, which pronounced that the pure element would not receive those who had renounced the privileges of their baptism,* and his authority no doubt gave encouragement to innumerable instances of cruelty and oppression. How slowly the belief was eradicated Arom the minds of even the educated and enlightened may be seen in a learned inaugural thesis presented by J. P. Lang, in 1661, for the Licentiate of Laws in the University of Basel, in which, discussing incidentally the question of the cold-water ordeal for witches, he concludes that perhaps it is better to abstain from it, though he cannot question its efficaciousness as a means of investigation.* Even in the middle of the eighteenth century, the learned and pious Muratori affirms his reverent belief in the miraculous con- victions recorded by the mediceval writers as wrought in this manner by tlie Judgment of Qod,* and he further informs us that it was common throughout Trausylvnnhi iu his time;* while in West Trussia, as late as 1)45, the Synod of Culm do- scribes it OS a popular abuse iu common use, and stringently forbids it for the future.* We have already alluded to the ' *<Porro, nostrft memoria, paaoit abhino aDnU, tolebant JodioM noa nolefloii oeeuaatoi mergere, pro certo habentes inMrtuin orimen bao railuno pateflori.'* — Notio ail Legom Bnlioam. * Taoquam aqua taum in slnum eot doh admitUroi, qui ezcossa baptUmI aqna, m omni illint saorameoti benaflelo altro orbaruni. — DamonologiiiD Lib. III. oap. Ti. ' Tuiittv orit ab eo absiloere, neqao refragator quod saspe per boo ientamon verilaa ozplorata fuit— Ditseri. loaug. do Torturii Tb. xviii. ^ xi. liaail. 1001. * Quibui in ezemplli ▼idea, aoae Deum acooromodaaao inUrdum ad boni- nnm piam fldem et prccoa.— Antiq. Ilal. DIuert. 88. * Bi vera aunt etiam quoB ioterdum audivi, in Tranay Wania, perdnrai adbno ezperimenium aciuoD ad dignoacendaa aagna, aive iooantalriooa uialeOcaa, qnarum iogooa oopia ibi Irnditur eaao.— Ibid. * Qui ex levi auapioione, in tuli oriuino deluiaa, neo oonfoaaaa, Doo eon- ORDBAL OF COLD WATER. 229 cinploymcnt of the wntcr ordeal by an Ilungnriaii tribunal nn late a8 the eighteenth century. Although, within the lost hundred years, it has disappeared from the authorized legal proccdui*es of Euroi)e, still the popular mind hos not as yet altogether overcome the superstitions and prejudices of so mnny nges, and occasionally in some benighted spot an outrage occurs to show us that mediieval ignorance and brutality still linger amid the triumphs of modem civiliza- tion. In 1815, Jlelgium was disgracotl by a trial of the kind |K»rfornicd on an unfortunate |)crson sus])ected of witch- craft; nnd in ]83(i, the populace of llela, near Dantzic, twice plunged into the sea an old woman reputed to be a sorceress, and as the miserable creature persisted in rising to the surface, she was pronounced guilty, and beaten to death.' Perhaps we may doss as a remnnnt of this superstition a custom described by a modern traveller as universal in Southern Russia. When a theft is committed in a house- hold, the servants are assembled, and a sorceress, or vorogeia^ is sent for. Dread of what is to follow generally extorts a confession from the guilty party without further proceed- ings, but if not, the vorogcia places on the table a vase of water and rolls up as man}* little balls of bread as there are 8us|)ectcd persons present. Then, taking one of the balls, she addresses the nearest servant — " If you have committed the theft, this ball will sink to the bottom of the vase, as will your soul in Hell ; but if you are innocent, it will float on the water." The truth or falsehood of this assertion is never tested, for the criminal invariably confesses before his turn arrives to undergo the ordeal.* Tielai, ftd tortarsf, rapernalatioiieiii aqminiiii, ei bUa orattRdM TortUtlf media, Undeni m1 Ipmin morUm eondemnar* . . . son Terentar, •zempU proh dolor! plnHma lesianlur. — Sjnod. Cutmenv. ei Pomesan. ftnn. 1745, f. T. (llarUheim. Concil. Oemien. X. 510.) ' KCnigiwsrIer, op. cU. p. 177. * IlarUveev, Ktadet lar la Runle. (Da Doj^, Droit Crimlnel det Peoptti llodemef, I. S50.) 20 S30 THS OKDSAL. The ordeal of the cross (judicium cthcm, siare ad crucem) wms one of simple endnranoe. The plmintifT and defendant, after appropriate religions ceremonies and preparation, stood with uplifted arms before a cross, while divine service was performed, victory being adjudged to the one who was able longest to maintain his ixwition.* The earliest aUii- sion to it which I have observed occurs in a Capitular^' of Pepin4e-Bref, in 152, where it is prescribed in cases of application by a wife for dissolution of marriage.* Char-'* lemagne appears to liave regarded it with much favor ; for he not only ftequently refers to it in his edicts, but, when dividing his mighty empire, in 806, he directs that all terri- torial disputes which may arise in the future between his sons shall be settled in this manner.* An example occur- ring during his reign shows the details of the process. A controversy between the Bishop and citizens of Verona, relative to the building of certain walls, was referred to the decision of the cross. Two young ecclesiastics, selected as champions, stood before the sacred emblem ft-om the com- mencement of mass ; at the middle of the Passion, Aregaus, who represented the citizens, fell lifeless to the ground, while his antagonist, Pacificus, held out triumphantly to the end, and the Bishop gained his cause, as ecclesiastics were wont to do.* When a person desired to discredit the compurgators of * A formaU for jadgmenU obUlDed in ibii maDner hj order of ooart. In caiaa of dispated iitlo to land, ooours In tho Formalu) Bignonianie, No. xii. * Bi qua mulier aa reclnmaverii quod vir suns nunquam eum en nianatssei, ezennfe inde nd cruoem, et si verum fuerit, tepnrentnr, et illn facini quod Tttlt.— Gnpit. Pippini ann. 762, \ ZTii. ' Si oauBsa Tel inWntio give eoniroTertin talis Inter partef propter ter- minoa ant confinia regnornm orta fuerit qniD hominum teetimonio deolarari Tel deflnirl non pOMit, tune Tolomus nt ad deolarationein rei dubiie, jndieio erucia, Dei Toluntoa et reruin Teritaa inqniratur. — Chart. Diviaion. cap. xIt. The allnaiona to it throughout the Capitulariea of thia monarch are very frequent; for inatance, Oepit. ann. 779, 4 x. ; Capit. it. ann. 803, \\ lii. tI. ; in U Longobard. Lib. ii. Tit. xxriii. i 3; Tit. It.J 25, eto. ' Ugheia; lUlia Saera, T. V. p 010 (a/». BaluL^Not. tA Libb. CapU ). ORDEAL or TnC 0R088. 281 nn Aflvcninry, ho had tho right to accuse them of perjury, and tho main question was then adjourned until this second- ary point was decided by this process.* In a similar spirit, witnesses too infirm to undergo the battle-trial, by which in the regular process of law tliey were bound to substantiate tlieir testimony, were allowed, by a Capitulary of 816, to select the ordeal of the cross, with the further priyilege, in cases of extreme debility, of substituting a relatiye or other champion, wliose robustness promised an easier task for the Divine interference.* A slight variation of this form of ordeal consisted in standing with the arms extended in the form of a cross, while certain portions of the service were recited. In this manner, St. Lioba, Abbess of Bischoffshcim, triumphantly vindicated the purity of her flock, and traced out the ofrt*ndcr, when the reputation of lier convent was imperilled by the discovery of a new-born child drowned in a neigh- boring pond.' The sensitive piety of Louis-le-D^bonnaire was shocked at this use of the cross, as tending to bring the Christian symbol into contempt, and in 816, soon after the death of Charlemagne, he prohibited its continuance, at the Council of Aix-la-Chai)elle ]* an order which was repeated by his son, the Emperor Lothair.' Baluze, however, considers, with apparent reason, that this command was respected only in ' Si il1« homo cajai oaaia jamU faerit, dleertt volQerii qvod Hie q«l JttniTit p« pelenp perJarftiiMt, tUnt ad erveem. — Gaplt. Car. Mag. iBearii tBBi e. z. (tUrUhelm Coneil. GttitniiB. I. 486.) * Namqao ti debiltoret Ipfi iettat fViarini, tvne ad erneem czamlnoBiar. Nam 9i mnjoriii iDUiiii, ei non pomint ad ervMiu tiare, lone nittaoi avi t\Um aai |«r«nlf<t, ant qnnlewanqae homfnei pofplni, qat pro th hoo Undaot.^ Ca|iil. Lnd. Pll nan. 8IA, f I. (Keeardl L. Franeoran, pp. 183, 184.) ' Rodolph. FaldttB*. VIUb 8. Llob« eap. zt. (Da CaBga, ■. t. Cntri» Jfttitrinm.) * SaBeltan mi at nnUat delnee pi qaanUbei examiaatloBon omeU fhe^ra prfMaaiat, b« qaia ClirlttI papflono glorlflcata est, enJoiUbf I UmoritaU «ob« I^Biplai haheiitar.—Coneil. Aqnirgran. cap. xrH. * L. Longobard. tib. it. Tli. It. f .12. 232 THE ORDEAIi. the lUicnish provinces and in Italy, from the fact that the manuscripts of the Capitularies belonging to those i-cgious omit the references to the ordeal of the cross, ivhich are retained in the copies used in the other territories of the Frankish empire.^ Louis himself would seem at IcugUi to have changed his opinion ; for, in the final division of his succession between his sons, he repeats the direction of Oharlemagne as regards the settlement of disputed bound- aries.* The procedure, however, appears to have soon lost its popularity, and indeed never to have obtamed the wide and deeply-seated hold on the veneration of the people enjoyed by the other forms of ordeal. We see little of it at later periods, except the trace it has left in the proverbial allusion to an experimentum crucia. The ordeal of consecrated bread or cheese (Judicium offa^ pania conjuratio^ the corsnud of the Anglo-Saxons) was administered by presenting to the accused a piece of ' Not. ad Libb. Capit. Lib. i. cap. 103. Tbia doriTef additional proba- bility from tbe toxt cited iiumodintoly abovo, relative to tbe lubatitutlon of thl4 ordoal for tbe duel, whicb ii given by Rokhnrdt from an apparently contemporary roaiiuecript, and nvblub, as we bave seen, la attributed to Lonlt-le-Ddbonnaire in tbe very year of the Oounoil of Aix-la-CbapoUe. It ii not a limple Capitulary, but an addition to tbe Salique Law, which Invesli it with much greater Importance. Lindenbruok (Ood. Legam Antiq. p. 8S&) givei a different text, purporting likewife to be a supplement to tbe Law, made in 810, which prescribes the duel in doubtful cases between laymen, and orders the ordeal of the cross for ecclesiastical causes — "In Boelesi* ostiols antem negotiis.cruois judtuio rei voritas inquiratur*' — and allows tbe same privilege to the ** imbeoillibus aut InQrmIs qui pngnare son valent." Balnse's collection contains nothing of the kind as enacted in 810, but under date of 810 there is a much longer supplement to the Salique law. In whioh cap. X. presents tbe same genoral regulations, almost verbatim, except that in ecclesiastical affairs the testimony of witnesses only is alluded to, and the Judicium crwcit is altogether omitted. Tbe whole manlfesUy shows great confusion of legislation. * Chart. Divisionis ann. 837 cap. x. Tbe words used are Identical wilh those of Charlemagne, with the substitution of '* vexillocrucis" for "Jndieio crucis.*' The word vexillum Is frequently employed in tbe sense of figunm or letlimoninm in ^ignature<« to diplomas. ^f DREAD. 288 ^rj of fearley) or of cheese, about an ounce in ,' over which prayers and adjurations had been pro- ji* . . aced. After appropriate religious ceremonies, including the communion, the morsel was eaten, the eyent being de- termined bj the abUity of the accused to swallow it This dc|>cndcd of course on tlic imagination, and we can readily understand how, in those times of faith, the impressive observances whicli accompanied the ordeal would affect the criminal, who, conscious of guilt, stood up at the altar, took the sacrament, and pledged his salvation on the truth of his oath. The mode by which a conviction was expected may be grnthered from the forms of the exorcism employed, of which a number have been preserved. "O Lord Jesns Christ, . . . grant, we pra/ thee, b/ th/ hoi/ nane, tbiil he who is gailtj of this crime In tlionght or in deed, when this erentnre of sancUfled bread Is presented to him for the proving of the tratli, let his throat be narrowed, and In thj name let it be rejected rather than devoured. And let not the spirit of the DotII prevail in this to snbTert the Judgment bj false appearftoees. Bot he who Is gniltj of this crime, let him, chieflj bj virtne of the bodj and blood of oar Lord which he has receiTcd In commnnioii, when he takes the eonsecrftted bread or cheese tremble, and grow pale in trembling, and shake in all his limbs ; and let the innocent qnletlj and healthfollj, with all ease, chew and swallow this morsel of bread or cheese, crossed In thy holj name, that all ma/ know that thoa art the Just Judge,'* &c.* And even more whimsical in its devout impiety is the following : — ^'O Qod Host nigh, who dwellest In Heaven, who through thj Trinitj and Uajeatj hast thj Just angels, send, O Lord, thj Angtil Oabriel to stick in the throat of those who have committed this theft, that the J maj neither chew nor swallow this bread and cheese created bj Thee. I Invoke the patriarchs, Abraham, Isaac, and Jacob, with twelve thousand Angels and Archangels. I invoke the four Bvan- ' Half ea oune*, aeeording to a formela in a MS. ef tb« niatli eeatarj, priat«l bj Don 0«rb«rt (Patrolog. 138, 114S). * Bioreismas penis hordeacci vel CMel. BhIqm, H. A55. 20* 234 TUB . gelista, Moltliew, Hark, Lake, and John. I into. vlio divided the aea. Tliat tliej maj bind to their tkroau tu^ of the men who have committed tliis tlieft, or consented tliert the/ taste this bread and cheese created bj Tiiee, maj tliej treiuble like a trembling tree, and have no rest, nor keep the bread and cheese in their months, tliat all ma/ know Thoa art the Lord and there is none other bat Thee I"* A striking illustration of the superstitions connected with this usage is found in the story related by most of the English chroniclers concerning the death of the pow- erful Qodwin, Duke of Kent, father of Khig Harold, and in his day the king-maker of England. As he was dining with his royal son-in-law, Edward the Confessor, some trivial circumstance caused the king to repeat an old accu- sation that his brother Alft*ed had met his death at God- win's hands. The old but fiery Duke, seizing a piece of bread, exclaimed : " May Qod cause this morsel to choke me if I am guilty in thought or in deed of this crime." Then the king took the bread and blessed it, and Godwin, putting it in his mouth, was suflbcated by it, and fell dead.* A poetical life of Edward the Confessor, written in tlio thiiieenth century, gives a graphic picture of the death of the Duke and the vengeful triumph of the King : — ' Maratori, Antiq. Ital. Difsert. S8. * This aeooani, with animportsot variations, it given hj Roger of Wen- dover, son. 1064, Mattbow of Weatminstor, ana. 1064, tho Olironloles of Orojland, ann. 106S, Henry of Huntingdon, snn. 1063, and William of Ifalmosbnry, Lib. ii. eap. 1S| wblcb shows that tho legend was widely spread and generally believed, aliboagh the Anglo-Saxon Cbroniele, snn. 1068, and Roger de Hoveden, ann. 1063, In mentioning Godwin's deatb, make no aUusion to its being eansed in tbis manner. A similar retieenee Is observable in an anonymous Life of Edward (Harleian M88. 686), p. 408 of ibo oolleotion in Rsr. Dritsnn. Soripi., and altbongb tbis is pcrbsps the best authority we have for the events of his reign, still the author's partiality for the family of Qodwin renders his evidenes in this rcspeot liable to suspioion. No great effort of soeptloism is requisite to suggest that Bdword, tired of the tutelage in which he was held, may have made way with Godwin by poison, and then circulated the story related by the annalists to a orodulous gensratioD. ORDEAL OVAffLEAV. 235 ^^"^ "^^Idiie • pftrole pert Par le morsel ki femi 8*ii1iert. Hon est li seDglant f«lan ; Mat ont foree U benaleim, Ke dona a mors verto. Par QiM la mort proT6e fa, 'Atant* se eeerle II rols, * Treles hors oen chen piiBois.* "> Tills form of ordeal never obtained the extended infln« once wliiHi eharneierizcd Roine of the otlier modes, and it seems to have licen chiefly conflned to tlie |)opulntions allied to the Hnxon race. In England, Itefoits the Conquest, it was enjoined on the lower orders of the clergy,* and it may bo considere<1 as a iilclieian mode of trial, rarely rising into historical importance. Its vitalit}', however, is demon- strated by the fact that Lindenbrtick, writing in 1C13, states that it was then still in frequent use.* Almoin relates a story which, thongb in no sense judi- cial, presents ns with an instance of the same superstition. A certain renowned knight named Amustus unjustly oe- cupietl a pro|)erty l)elonging to the Benedictine Abbey of Fleur3% Dining there one day, and boasting of his con- tempt for the complaints of the holy monks, he took a pear and exclaime<l — ^* 1 call this pear to witness that before the 3'ear is out I will give them ample cause for grumbling." Choking with the flrst morsel, he was carried speechless to IkmI, and mlHcrably |>erishcd unhouscllcd, a warning to cvil-iloers not to tempt too far the patience of St. Beneclict.^ Tliese stories are by no means uncommon, and arc interest- ing as a picture of the times, when they were reverently rrcoived, and formed a |)ortion of the annory by which the weak defended themselves against the strong. Somewhat ' LItm of Rdward the Oonrefior, p. 119 (Rer. Britaan. Soript). * I>ooaM of BthttlrH, ix. f 13; Cimt BeelM. Tit. t. * Allani ezamiiiti mod am, notlro etiamnaoo fmoalOi smpo nolo modo •HUiom. — Cod. Lefpim Anti4|. p. 1418. * IH Mtrae. 8. Deii«dieil. Lib. i. e. t. 236 Tne^QBDBAL. Bimilar is an occurrence related about the ^oar lODO, when Duke Henry of Limburg was involved \n a quarrel with Engilbert, Archbishop of Treves, and treated the excom- niunication and anathema inflicted upon him with contempt. Joking upon the subject with his followers one day at din- ner, he tossed a fragment of food to his dog, remarking that if the animal ate it, they need not feel apprehensive of the episcopal curse. The dog refused the tempting morsel, thougli he manifested his hunger by eagerly devouring food given him by another hand, and the Duke, by the advice of his counsellors, lost no time in reconciling himself with his ghostly adversary. This is the more remarkable, as Engil- bert himself was under excommunication by Gregory YIT., being a stanch imi)erialist, who had received his see from Henry lY. and his pallium from the antipope Ouiberto.* In India, this ordeal is performed with a kind of rice called aalhee^ prepared with various incantations. The person on trial eats it, with his face to the East, and then spits upon a Peepul leaf. '^If the saliva is mixed with blood, or the corners of his mouth swell, or he trembles, he is declai'ed to be a Imr.''* A simplification of the ordeal of consecrated bread was the trial by the Eucharist, which indeed may be regarded OS bearing a similar relation to all the forms of ordeal, as its administration was invariably a portion of the prepara- tory ceremony, with the aw Ail adjuration, ^'May this body and blood of our Lord Jesus Christ bo a judgment to thee this day I" The general use of the sacrament to lend autliority and solemnity to transactions, and tlic binding force it was thought to give to treaties, agreements, and the testimony of witnesses, miglit seem to i*eniOYe it in its simplicity Arom among the list gf ordeals proper, were it ' Getta TrttTerorum, eoDiinnaU i. (Pfttrol. 164, 1206-6.) ■ Ayeen Akbery, II. 408. THK KUOnARTST. 23t not Tor the flnpcrstition of tho age which believed that, when the conAccrntod wafer waa offered under appropriate invocations, the guilty conld not receive it, or that, if it were taken, immediate convulsions and speedy death, or some other miraculous manifestation, ensned. This is well illustrated by a form of exorcism preserved by Mansi: *^ We hund)ly pray thy Infinite Mi^esty that this priest, if guilty of the accusation, shall not be able to receive this venerated bwly of thy Son, cnicined for the salvation of all, and that what should be the remedy of all evil shall prove to him hurtful, full of grief and suffering, bearing with it all sorrow and bitterness.'" What might be ex- pected under such circumstances is elucidated by a case which occurred in the early part of the eleventh century, as rc|)orted by Ilodolphus Glaber, a contemporary, in which a monk, condemned to undergo the trial, boldly received the sacrament, when the Host, indignant at its lodgment in the body of so perjured a criminal, immediately slipped out at the navel, white and pure as before, to the immense consternation of the accused, who forthwith confessed his crime.* The antiquity of this mode of trial is shown in its em- ploymcnt by Cautinus, IHshop of Auvergne, towards the close of the sixth century. A certain Count Eulalius was popularly accused of parricide, whereupon he was suspended from communion. On his complaining of thus being pun- ished without a trial, the bishop administered the sacra- ment under the customary adjuration, and Eulalius, taking * Balat. •! Miiiiii MiMeU. It. 575. * Lib. ▼. mp. I. 8oin«wbiit timlliir If tbe vtorj of a ToliiBleOT mirMie ▼oaehmfed Ia sn iiiichMU priest »l LindtifArntt, who bolng saddenlj ran- nonod to eelobrmto miin wltbont baring had time to parity hlntoir, when bo eamo U» partaho of Iho laoraiiioniol cap, »aw the wine change to an oiooodlng blacknow. Anor i«tme besiUtlon ho took it, and found it bitter to the lael degree. Ilnrrjing to hie biibop, he oonfeised his »in, anderwent peBanoe, and reformed bit life. (Roger of Wondorer, ann. 1051.) 238 TUK OBDBAL. it without lioraii was relieved from the imputation.* It was usually, however, a sacerdotal form of purgation, as is shown by the Anglo-Saxon laws,* and by the canons of the Councils of Tribur and Worms directing its employment, in all cases of ecclesiastics charged with crimes, to relieve them from the necessity of taking oaths.* Thus, in 941, Frederic, Archbishop of Mainz, publicly submitted to an ordeal of this kind, to clear himself of the suspicion of having taken part in an unsuccessfid rebellion of Henry, Duke of Bavaria, against his brother, Otho the Great* After the death of Ilenry, slander assailed the fame of his widow, Juthita, on account of an alleged intimacy between her and Abraham, Bishop of Frisingen. When she, too, died, the bishop performed her funeral rites, and, pausing in the mass, he addressed the congregation: ^^If she was guilty of that whereof she was accused, may the Omnipo- tent Father cause the body and blood of the Son to be my condemnation to Just perdition, and i)erpctual salvation to her soul I" — allcr which ho took the sacrament unharmed, and the people acknowledged tlie falsity of their belief.' So in 1050, Subico, Bishop of Si^oycr, cleared himself of a similar accusation at the Oouncil of Mainz, in the same manner.* Perhaps the most striking instance recorded of its admi- nistration was, however, in a secular matter, when in 869 it closed the unhappy controversy between King Lothair ' Oreg. Taron. HUt. Lib. x. oap. 8. * Doom* of Etholred, x. | 20 ; Gnut. Bcolet. Tit. y. ' Can. Btatuit qooqtio. Oaufl ii. qu8S8t. y. — Ooneil. Voramt ftnn. 868, ean. 15. * Reginonii ContlonAt. Ann. 041. * Ditlimari CliroD. Lib. ii. * Hint. Arcbiep. Breinena. ann. lOSl. (Lindenbrog. Soript. SopUntHon. p. 00.) Lambttri. Sobofnab. ann. 1050. Anotbar aeoonni ofiba iraniaotion, boweTor, ttaUi tbat tbe bisbop*! Jaw beoaine paraljiad in tba aei, ** UrriAoo ■aeramanto Dominioi oorporlv,** and renainad in ibai oonditiun aniil bit daatb (Hartibeim Oonoil. Qaroian. III. 112). THE EUOnARIST. 839 and his wives, to whicii rcfcrenco hns been already made. To reconcile liimsclf to tlie Cliurcli, LoUiair took a solemn oath before Adrian II. that he had obeyed the ecclesiastical mandates in maintaining a complete separation from his pseudo-wife Waldrada, after whicli the pontiff admitted him to commnnion, under an a(\|umtion that it should prove the test of his truthfulness. Lothair did not shrink from the ordcnl, nor did his nobles, to whom it was given on tlicir dcclnring that tliey had not aliettcd the designs of the concubine; but, leaving Rome immediately afterwards, the ro3'al cortege was stopixsd at Piacenza by a sudden epi- demic which broke out among the courtiers, and there Lothair died, August 8th, witli nearly all of his followers — an awAil example iicld out by the worthy chroniclers as a warning to future gonoratiouR, *^ for he who eats and drinks it unworthily eats and drinks his own condemnation."* In this degradation of the Host to the level of daily life, there was a profanity which could hardly fail to disgust a reverential mind, and we are therefore not surprised to find King Robert the Pious, in the early part of the eleventh century, raising his voice against its judicial use, and threatening to degrade the Archbishop of Sens for employ- ing it in this manner, especially as his biographer informs us that the custom was daily growing in favor.* Robert's exam])le was soon afterwards imitated by Alexander II. who occupied the pontifical chair from lOCl to 1078.' The next poi)0, however, the impetuous Ilildebrand, made use of it on a memorable occasion, and in a manner productive of lasting results. When, in 1077, the unhappy Emperor Henry IV. had endured the depths of humiliation before ' R^gino, •nn. 869 ; Anna!. Dortiniftiii. " Boi lei a man •xamlne him- Mir, bmI to lot htm eni of that brmd and drink of that eap, for lia ilial eaUtli and drlnketii anworihUy, eaUlh and drinkelh daniDaUoa lo hlmtalf, not dto- Mrnlng Ike Ijord*s bodjr.**— 1 Corinth. b1. 2S, S9. * IlelKaldi BpUomo Vlire Roberti lUgia. ' Daalof , M^molra anr lea Kpranvei. 810 TnX ORDBAL. ike arrogant pontifTs castle gate at Gaiiosa, aud hail at length purchased peace by submitting to all the exactions demanded of him, the excommunication under which he had lain was removed in the chapeL Then Gregory, refer- ring to the crimes imputed to himself by the emperor's partisans, said that he could easily refute them by abundant witnesses ; ^* but lest I should seem to rely rather on human than divine testimony, and that I may remove from the minds of all, by immediate satisfaction, every scruple, behold this body of our Lord which I am about to take. Let it be to me this day a test of my innocence, and may the Omnipotent God this day by his Judgment absolve me of the accusations if I am innocent, or let me perish by sudden death, if guilty I" Swallowing the wafer, ho turned to the emperor, and demanded of him the same recitation of the charges urged against him by the German princes. Appalled by this uuex|)octcd trial, Ilcury in an agony of fear evaded it, and, trembling, consulted hurriedly with his councillors how to esea|)e the awful test. Finally ho declined on the ground of the absence of both his friends and his enemies, without whose presence the result would establish nothing; and thus, to avoid the present danger of his imagination, he promised to submit to a trial by the Imperial Diet. By this he lost the results so dearly bought by his sacrifices and humiliations, and perpetuated the civil strife, to put an end to which he had labored and endured so much.* ' lAinbart. Sohaffnab. •&!!. 1077. In •ttimating the minglttd powar of Imasination and oonsoUne* whioh rendered the proposal Inanpporiable to the emperor, we most allow for the inflaeneo whieh a man like Ilildebrmnd with voioe and eye oan exert over theae whom he wlahef to ImpreM. At an ear- lier f tage of hii career, in 1066, he improTieed a Terj effeetiTe apeelei of ordeal, when presiding as papal legate at the Coaneil of Lyons, assembled for the repression of simony. A guilty bishop had bribed the opposing wit- nesses, and no testimony was obtainable for his eonviotion. Ilildebrand addressed him : " The episeopal graee Is a gift of the Holy Ghoet. If, there- fore, you are innocent, repeat, ' Qlory to the Father, and to the Son, and to the Uoly Qhost !' ** The bishop boldly oommenced, •« Qlory to the Father, THB CUOnARIST. 841 Even ihns, liowover, he was more fortunate than Imbrico, Binhop of Atigshtirg, who, in the same year, after swearing fealty to Roclolph of Suabia, abandoned him and Joined tlio emperor. Soon after, while saying mass before Henry, to prove the foree of his loyal convictions, he declared that tlie sacrament ho was about to take should attest the riglit- cousness of liis master's cause; and the anti-imperialist cliron icier duly records that sudden disease overtoolc him, to lie followed by «i>ecdy death.* In the case of William, JUshop of Utrecht, as related by Hugh of Flavigny, the Eucharist was less an ordeal than a punishment. He dared, at the Assembly of Utrecht, in 1076, to excommunicato Gregory, at the command of Henry lY. ; but when, at the conclusion of the impious ceremony, he audaciously took the Host, it turned to fire within him, and, shrieking ^^ I burn I 1 burn P' he fell down and miserably died.* and to tlie Sov, and lb—*' here his voiee biled him, he was nnable lo Snlsh the MQiener; and, eonfesiing the tin, he was depoMd. This aneedote rests on good anthoritj. Peter Daninnl states that he had It from Ilildebrand himself (0]Nise. xix. eap. vl.)i Aod Calizns II. was in the habit of relating it (Penii Bemried. Yit Greg. YII. No. II). ' Deraald. Constant. Chron. ann. 1077. * Ifngon. Flavinlae. Chron. Lib. ii. ann. ]079.~Among the manifestations of belief in the niroenlons powers of the Host nay be mentioned the prae- tiee of throwing on a eonSagrotion the eloth need to eover the saored enp, In the eipectatioiRhat It would eztiognish the flames. This saperstltlon was pnflkiently Important to attract the reprehension and prohlblUon of the Cennril of Selingensladt In 1021. "Conqnentnm est ... do qnibnsdam stnltlr^lmis prevbyterls at qnando Ineendlnm rldeant, eorporalo domlnloo oorpore eonsecratvm, ad czUngnendnm Inoendinm tememrla prKsomptlone In Ignem projlclant. Ideoque deoretnm est sob anathematis Interdlotlono, no nllerlns flat.*'— (Conell. Bellngens. eep. ▼! .) A less harmless belief In the vlrlnes of the body of oar Lord was shown daring the terrible perseontlon which reprrf*ed the rcllgloas movement of Germany In the seeond qaartor of Ibe Ihlrteenlh eenlnry. It Is grarely related that among the thonsands of anfortnnale heretics who expiated thrlr perTereeness at the slake, one poor wrelrh woald not born, and obttinal4»ly reninted the efforts of his torlnrers, nnlil Pome one bronght to Uie pile a holy wafer, when the nnbelloTer was promptly rednoed le a eindcr. (Alberlc. Trlom Fontiam Chron. ann. 1233.) 21 249 THS OBDXAL. The ordcul of tho lot left tlio cleciBiou to pure dialioe, in the hojio that Heaven would interpose to save tho innoeent and punish the guilty. We may assume tiiat this was extensively practised in Pagan times, but that, on the hitroiluction of Christianity, it gradually became obsolete, as the various modes of apiMsaling to the Deity, whidi ai*e described above, acquired inii)ortanco and threw the less impressive reference to the lot into insignificance. The only allusions to it occur in the ear- lier laws, and no trace of it is to be met with in tho subsequent legislation of any race. Mention of it is made in the Ripuarian code,' and in some of the earlier Merovin- gian documents its use is prescribed in the same brief manner.* Indeed, as late as the middle of the eigiith century, Ecgberht, Archbishop of York, quotes from the canons of the Council of Ireland (probably that of A. D. 45G) a direction for its employment in cases of sacrilegious theft, as a means of determining the punishmetft to be inflicted.' On the other hand, shortly after, the Council of Calehuth, in England, condemned the practice between litigants oh a remnant of paganism.* No explanation is given of the details of the process by which this appeal to fortune was made, and I know of no contemporary applications by which its formula can be in ves- ' Ad ignem Mn ad tortem fe ezoatore student. — Tit. xxxt. \ 6. " Pact. Childeberii «t Cblotarii, ann. 603, \ 5. "'Et li dubietas est, ad •ort«m ponatnr." Also i 8 : "Si litns d« qao inealpatnr ad sortam ambu- lavarit." As in 4 ^ of tha same document the eettntm or bat-water ordeal is provided for freemen, it is possible tbat tbe lot was reserved for slaves. This, however, is not observed in tbe Deoret. Chlotarii, ann. 696, ( 0, where the expression, **6i de suspioione ineulpntur, ad sortem veniat,*' is general in its application, without reservation as to station. * Bi quis furaius fuerit pecuniam ab aeolesia, mittatur sorv, nt ant ill ins manns absoindatur, aut in carcerem miUatur, din Jejunans ac gomens. — Bcgberti Kxcerpt. cap. Ixzxiv. (Thorpe, II. 108). * Audivimns etiam quod dum inter vos litigium versatur, sortes more gen- tiiium mittatia, quod omnino sacrUegium istis temporibus rcpatatnr — Cvno. Oalchnth. can. 10 (Bpelman, ConoU. Brit I. 300). Tns LOT. 248 ti<2:atGd ; bnt in the priraitivo Frisian laws there is described n singular ordeal of chance, which may reasonably be as- sumed to bear some relation to it. When a man was killed in a cimnoe-medloy and the murderer remained unknown, the friends had a right to accuse seven of the participants in the brawl. Each of these defendants had then to take the oath of denial with twelve coi^urators, after which they were admitted to tlie ordeal. Two pieces of twig, precisely similar, were taken, one of which was marked with a cross; ihoy were then wrnp]ied up separately in white wool and laid on the altar ; prayers were recited, invoking God to reveal the innocence or guilt of the party, and the priest, or a sinless 3'outh, took up one of the bundles. If it con- tainofl the marked fragment, the defendants were absolved ; if the unmarked one, the guilty man was among them. Knrli one then took a similar piece of stick and made a private mark upon it; these were rolled up as before, ]>1aoe<l on the attar, taken up one by one, and unwrapped, each mnn claiming his own. The one whose piece was left to the last was pronoiniced guilty, and was obliged to pay the wehr-gihl of the murder.* The various modes of eccle- siastical divination, so frequently used in the Middle Ages to obtain an insight into the future, sometimes assumed the shape of an appeal to Heaven to decide questions of the present or of the past.* Thus when three bishops, of Poitiers, Arras, and Autun, each claimed the holy ' Ifc FrMon. TU. xit. H 1, 1. Thli may not Improbably b« dorlrod from tho modo of diTlnfttloB praoUttd Among tho saolont Qormaiif, m doteribod by Toeitaf, Do Morlbvi Oormaii. oop. z. * Wb^B nmd for porpOMf of dlTlnlng Into ibo fataro, thofo praeiieof woro forbidden. Tbu m oarly m 46S tho Connell of Vaanof dononnood thooo wbo '*iinb nomino Selm rollglonli quM innolorvra forioi Tooant dlTlnAiionia fotontiftm prolUnlar, Mt qoAramenrnqao foripiarftram Inipootlono fttt«r» promliUnt/* nnd oil oeelMlastloa prtry to raeh proeeedlngi woro to bo ox- prHod from tbo obareh. (Conoll. Vonot. oan. ztI.) This oanon !■ topoalod la tho Oonnoll of Agdo In bM, wboro tbo praoiico la denovnood m ono *' qnod moilma idem ealholle» roliglonis Infeeiai.*' (Cono. Agnibont. oan. xlll.) 244 TUK ORDKAL. relics of St. Lignaire, and hnnuin means were unavailtug to reconcile their pretensions, the decision of the Supreme Power was resorted to, by placing under the altar-cloth three slips with their respective names inscribed, and after a becoming amount of prayer, on withdrawing one of them, the See of Poitiers was enriched with the precious remains by Divine iavor.^ Somewhat similar in character was an appeal to heaven made by tlie pious monks of Abingdon, about the middle of the tenth century, to determine tlieir right to the mea- dows of Beri against the claims of some inhabitants of Oxfordshire. For three days, with fiisting and prayer, they implored the Divine omnipotence to make manifest their right; and then, by mutual assent, they floated on the Thames a round buckler, bearing a handful of wheat, in which was stuck a lighted taper. The sturdy Oxonians gaped at the spectacle from the distant bank, while a deputation of the more prudent monks followed close upon the floating beacon. Down the river it sailed, veering Arom bank to bank, and pointing out, as with a finger, the various possessions of the Abbey, till at last, on reaching the disputed lands, it miraculously left the curi*cnt of the stream, and forced itself into a narrow and shallow channel, which in high water made an arm of the river around the meadows in question. At this unanswerable declBion, the * Baldrio. Lib. i. Chroo. Camermo. eap. SI. (Du Caogo, i. t. Sort,) — In ihii the bbbopi irw guilty of no cootrftvoniion of ocoloiiMtioal rnlos. That f nob irUI« woro allowed by ftbo canon law, wben properly oond noted for ap- . propriate purpoeef, it tbown by Oratlan. Deoret Cam. S6, q. 2, ean. 3, 4. Tbe moti extraordinary application, however. Is that by whioh, under the Spanish Wislgothf , episcopal elections were sometimes decided. The seoond Connoll of Baroelona, in 699, directs that two or three candidates shall be chosen by the clergy and people, and from among these the metropolitan and snifragan bishops shall select by lot, *' qnem sors, pneunte eplsoopornm Jejnnio, Christo domino terminante, monstraTcrit, benediotio oonsecrationis acpnmulet." — (Ooncll. Baroinon. II. oan. 4.) This is evidently suggested by tbe election of Matthias (Acts, I. 26). ORDEAL OF BLOOD. 246 people with one nceord shonted "Jus Abbendonioe, Jus Abl)eiuloniie I" and so powerful was the impression pro- duced, timt the wortliy chronicler assures us that thence- fortli neither king, nor duke, nor prince dared to lay claim to tlic lands of Beri; showing conclusivelj the wisdom of the abbot wlio preferred thus to rely upon his right rather than on mouldy charters or dilatory pleadings.* As administered in India, the ordeal of chance consists in writing the words flhcrcm and adlwrem on plates of silver and lead resix^ctively, or on pieces of white and black linen, which are placed in a vessel that has never held water. The party on trial draws out one of the pieces, and if it proves to be " dherem^^ he gains his cause.* The su]ierstition that, at the approach of a murderer, the 1>ody of his victim would bleed, or give some other manifestation of recognition, is one of ancient origin, and in some countries it has been made a means of investiga- tion and detection. Shaksi)eare introtlnces it in King Richard III., where Oloster interrupts the fVmeral of Henry y I., and Lady Anne exclaims : ** gentlemen, see, nee t dead Henrj*s wonndi Open their eongealed montlis, and bleed afresh." The story is well known which relates that, when Richani €a*ur-<le-Lion hastened to the funeral of his father, Henry It., and met the procession at Foutevraud, the blood poured from the nostrils of the dead king, whose cm\ ho had has- tened by his disolK»dionre and rel)clllon." The Iwlief in this, OS also in the ordeal of lire, is well illustrated in the ballad of "Earl Richard," given by Scott in the "Min- strelsy of the Scottish Border." * nirt. MettMl. d« Abingdon Lib. i. (lUr. Brit M«d. JBtI Seripi. Vol. L p. S9). * AjMn Akhwj, II. 49S. Thif ordoal li aUowtd for all the font eartee, Brabmlnp, Kebatrjaa, VaUya^, iind SoAdrap. * llAg*r do llovedon, ann. 1 189 ; Ilogor of Woadorer. 21* 246 THE ORDKAL. " < Put na Uie wita on me,' the said ; ' It waa my may Catherine.' Tlieu ihbj bae cut baitli feru aud tborn, To burn tbat maideu in. " It wadna take upon ber oheik, Nor yet upon ber obin ; Nor yet upon her yellow hair, To oleanse that deadly Bin. '* Tlie maiden touched tbat clay-oauld corpse, A drap it never bled ; The ladye laid lier hand on him, And soon the ground was red." King James I. patronized this among the other super- stitions to which he gave tlie authority of liis regal appro^ bation ;■ and in the notes to the above ballad, Scott quotes some curious instances of the Judicial use of the belief, even as late as the seventeenth century. In 1 Gil, suspicion arising as to the mode by which a person had met his death, the body was exhumed, and the neighborhood sum- moned, to touch it, according to custom. The murderer, whose rank and position placed him above suspicion, kept away ; but his little daughter, attracted by curiosity, happened to approach the corpse, when it commenced bleeding, and the crime was proved. In another case, which occurred in 168*7, the indictment sets forth that blood rushed from the mouth and nostrils of the deceased, who had been found drowned, on being accidentally touched by his son ; and the latter was convicted and executed, although there was little other evidence against him except a generally bad character. The extent to which the super- stition was carried is shown by a story of a young man, who quarrelled with a companion, stabbed him, and threw the body into a river. Fifty years passed away, when a bone chancing to be fished up, the murderer, then an old ' Nam at in bomioidio oecalto Mnguli • eadarere, tangonte bomicida, erumpit, quaai oielittii puaoeni ultionom. — ^D^monologiiB Lib. in. o. vi. ORDEAL OF BLOOD. 247 nuAiiy happened to touch it, and it streamed with blood. Inqitirhig wlicre it had been found, he recognized the relic of his crhnc, confessed it, and was duly condemned. Wo may trace a more poetic form of this superstition in the touching legend of the welcome which the bones of Abe- lard gave to Ileloise, when, twenty years after his death, she was consigned to the same tomb. Although there is no allusion to this custom in any of the primitive Leges Barbarorum, nor even in the German municipal code of the thirteenth century, yet it was Judi- cially employed there until the sixteenth century, under the name of ^^ Bahr-recht" Thus in 1324, Reinward, a Canon of Minden, was murdered 1>3' a drunken soldier, and tlie crime was brouglit home to the peri)etrator by a trial of this kind;* and about the year 1600, Bishop Bins- fcld sficaks of its occurrence as an indubitable fact* In 1502, however, tlie learned Jurisconsult Zaiiger, after citing numerous authorities on both sides, concludes that it is not evidence sufllcicnt even to Justify the application of torture.' A variation of it, known as " Scheingchen," was practised in the Netherlands and the North, in which the hand of the corpse was cut off, and touclied by all sus- IMHttcd persons, witli protestations of innocence, and when the guilty one came, it was expected to bleed.* The vitality of superstition is well illustrated by the hold which this belief still maintains over the credulous minds of (he uneducated. Even in 1800, tlie Pliiladelphia Journals mention a cose in which the relatives of a do- cease<l |iorson, suspecting foul play, vainly importuned the coroner, some weeks after the interment, to have the body ' ftwarlU ChroB. OUbergoni. 4 iItU. (PanUlnl Aniiq. OtrmMi. 870- * Trad. <!• ConrMf. Malelle«r. Dab. it. Coneloi. 8, Prtlad. II {ifp, RlrkU 4 A3)* ' KanKeri Tmet cl« QafMlionlbas cap. 11. No. I GO. ' KclnigiWftrUr, op. tit. p. 183. 818 TnS OBDBAL. exhumed, in order that it might bo touched by a ixsrson whom they regarded as concerned in his death.' /" We may even include among ordeals the onlinary pur- ^ ^ gatorial oath, when administered uiK>n relics of ])cculttur < sanctity, to which the superstition of the age attributed / the power of punishing the perjurer. Thus the monks of ^ Abingdon boasted a black cross made from the nails of the crucifixion, and said to have been given them by the Em- peror Oonstantine, a false oath on which was sure to cost the malefactor his life ; and the worthy chronicler assures us that the instances in which its miraculous power had been triumphantly exhibited were too innumerable to spe- cify.' In the Middle Ages, these dangerous relics were common, and however we may smile at the simplicity of the faith reposed in them, we may rest assured that on many occasions they were the means of eliciting confessions, which could have been obtained by no devices of legal sub- tlety according to modern procedures. Though not legally an ordeal, I may refer to a practice cognate in its origin as an ap|)cal to IToaven to regulate the amount of punishment requisite for the expiation of a crime. One or more bands of iron were not infrequently fastened round the neck or arm of a murderer, who was banished until by pilgrimage and prayer his reconciliation and par- don should be manifested by the miraculous loosening of the fetter, showing that soul and body weix) each released from their bonds.' A case is related of a Pole thus wandcr- ' PhiU. Dalletin. April 10, 1880. * Sanota eolm ai1«o uI, ut nnllui, JurMnento raper earn pr»8iito, Impiin* . •i line perieulo Tita warn ponii aiBrmar* meodaoiam. — Hlat Monast Abiog. Lib. I. 0. xil. (Ror. Brii. Seripi.) * Frairioidas aat«m el parrioidaa •!▼« saeerdoiaiii loUrfooiorai .... per manum eft Tentrem ferratoe de regoo ejioiaft nt ioiftar Oain jogi et proftigt «lrotteaiift terrain.— Leg. Brncilal Bonmor. (Aonal. Bazo, ann. 1030). Bo IRREOULAB ORDEALS. 249 iiifr with A circlet tightly dnspcd to each arm. One foil iK'foro the intercession of St. AtlallMsrt, the apostle of Prussia, but the other retained its hold until the sinner came to the shrine of St Ilidnlf near Tout. There, Joining in the worship of the holy monks, the remaining band flew off with such force that it boinule<l against the opposite wall, while the pardoned criminal fell fainting to the ground, the blood pouring from his liberated arm: a miracle gratefully recorded by the spiritual children of the saint* Equally melodramatic in its details is a similar instance of an inhabitant of Prunay near Origins, laden with three iron bands for fratricide. His weary pilgrimage was lightened of two by the intercession of St Peter at Ilome, and the third released itself in the most demonstra- tive manner, through the merits of St Bertin and St Omer.* If the legend of St Emeric of Hungary lie true, the Po]xs himself did not dlsdnin to prcscril)e this ordeal to the criminal whose miraculous release caused the immediate canonization of the saint by a s3'nod in 10)3.^ The spirit of the age is likewise manifested in an appeal to neaven which terminated a quarrel in the early part of the twelilh century between St Gerald, Archbishop of Ilracara, and a magnate of his diocese, concerning tlio / patronnge of a church. Neither being inclined to yield, at \ length the noble prayed that Ood would decide the cause > by not ])ermitting the one who was in the wrong to live bcj'ond the year, to which St. Gerald assented ; and in six ^^ »l*o a cf nlary MrUer for th« marder of • ohlef. — ConoU. SpftUtonfl. mib, 927. can. 7 (BaUbyiinl. I. 331). * Do Bttee«f9orlbtti B. Ilidalll cap. itIH. (Pairolog. 138, p. 118). A •imiUir eoM alUattd the ranoiiiy of 61. MMiaelns (ViL B. Maaioott Lib. , II. o. 17— Miirtrao oi Durond. III. 1025). * PoleonU Miroe. S. Derlln. Lib. i. e. 4. * Bollhyoni, J^gg. EeclM. Hang. T. I. p. 413. Cf. alto MIrao. B. Bwlihanl. 0. H. 4 32.— Mlrae. S. Tronif o. 21 (Patrol. 165, pp. 78, 91). Varioni otbor inatanoot may bo fuond In Mnralorl, AnUq. MH Mv\ V\m. 23. Cbarlo- moKiio ae^mt to hare eonvlflored It a deeepllon to bo reatralsod bj law.— Car. Mag. fap. i. ann. 789, \ Ixitll. 250 TUB OaDSAL. months tho death of tho unhappy uoblo showed hov dan- gerous it was to undertake such exix^riments with a saint.^ Tho various poison ordeals in use among the savage tribes of AMea and Madagascar have already been alluded to. In India, the same custom is preserved for the un- fortunate caste of the Softdras. A specified quantity of deadly poison, varying with the activity of the aiticle administered, is mixed with thirty times its weight of gliee or clarified butter. The patient takes it with his face to the North, and if it produces no effect upon him while tho bystanders can clap their hands five hundred times, he is absolved, and antidotes are at once given him.* Having thus described the various forms in which the common principle of the ordeal developed itself, there are some general considerations connected with it which claim brief attention. It was thoroughly and completely ajndi- cial proflfl flgt ordained by the law for certain cases, and carried out by the tribunals as a regular form of ordinary procedure. From tlie eiu'licst times, tlio accused who was * ordered to undergo the trial was comi)cllcd to submit to it, as to any other decree of court. Thus, by the Salique law, a recusant under such circumstances was summoned to the royal court ; and if still contumacious, he was outlawed, and his property confiscated, as was customary in all cases of contempt.' The directions of the codes, as we have seen, If * D^rnald. Vit. 8. Gerald. OAp. zy. (Dalai, ei ManBi I. 134 ) * Ayeeo Akbery, XI. 497. * That ihifl was a Beiiled pra«Uoo Is iboim by Iti exiitenoe in tiia •arliott text of the law (Tit. lvi.), as weU aa io the latest (L. Emend. Tit. lix.). It is therefore dtffionlt to understand how Montesquieu oould have overlooked it, when, in order to establish his theory that the original Prankish institu- tions admitted no negative proofii, he asserts with regard to the ordeal that ** Oette preuye 4toit une ohose de convention, que la lol souflTroit, mais qu*oIle n'ordonnoit pas" (Bsp. des Lolx, Lib. xxviii. chap. 16) — a statement oon- tradioted by all the monuments, historioal and Juridical, of the period. Uis only proof is a somewhat curious custom of the Sallen Franks, to which reference Is made below. RB0ULATI0N8 OF TUB ORDBAL. 851 arc p:cncmny precise, and admit of no alternative.^ Occa- sionallyi liowevcr, a privilege of selection vrns afforded 1)etween this and otiier modes of compurgation, and also betircen the various forms of ordeal." The circumstances under which its employment wAs ordered varied considerably with the varj'ing legislations of races and epochs ; and to cuter minutely into the ques- tion of the power of the court to decree it, or the right to demand it by the npiKllant or the defendant, would require too much space, C8|iccially as it has already been discussed at some length with regard to the kindred wager of battle. Sufllcc it to say, that the absence of satisfactory testimony, rendering the case one not to be solved by human means alone, is frequently alluded to as a necessary element and indeed we may almost assert that this was so, even when not six'cifioally mentioned, as far as regards the dis- cretion of the tribunal to order an ap^Hsal to the Judgment of Qod. At the same time, a law of King Ethelred seems to indicate that the plaintiff might require his adversary to submit to it,* and numerous examples among those cited above authorize the conclusion that an offer on the ' SI anfogwit ct ordaUniii ylUTerli, polml plegiat eonipensBU eaptale ranm •! regi wtnmi nMn, toI it qui irita ia» dlgniu •rii. — L. CnvU 600. eap. xti.-»8«0 alio eap. iH. * Bi •llgut McaiAiBB ftltenttniiii quod t«III, tWo tlmiilex ordaliani, flT* J««JnrftBdani anioi llbr^ \n trlbai bandredli laper xzz. d«ii. — L. Henrksl I mp. LXT. 4 .1. By th« monicliml codes of Gtrmany, * choice bolweon Ibo mrlonf forma of ordpftt wai pomeUmet allowad to iho aecaaed who wm mb- Unccd lo nndergo it.— Jar. Provln. AIbbimi. cap. juutII. \\ lb, 16 ; Jar. rroTln. Saxon. Lib. 1. Arl. 99. ' 81 corU probaUo bob fberlt— L. Sal. Tit sir., zri. (MS. Qaeirerbyi.) Tbo MiBio la foand Ib Ibo Pact. CblldobertI ot Chlotoril 4 6— Deorot Chlo. Urii II. bbb. 695, 4 6.— Capii. Carol. CaItI» miii. 670, eap. S, 7.— Coatl Coiiatlt. do Foroata 4 11: *'8«l porgailo igvla BttllaloBaa admlUatar bUI abl Bvda reriUi n««i«li alitor iBToatigarl." Farther Inataneei are hardly BoedocI, aa the mme limitation oconra in manj of the laws qnoted aboro. * Bi omnia acooaaior toI qal allam Impel li. babrai opilonem qald toIII, giro Jtttllclam aqae Tel ferri . . . et ti faglei (a^caaatop) ab ordalio, roddai oa« plegiaa wera aaa.**— Eihelr. Til. tii. e. ▼!. (Thorpe II. 616.) 852 XnS OBDBAL. part of tlio accused was rarely refused, even when lUero ^ was strong evidence against him,* tliough this laxity of ^ practice was occasionally stoutly objected to.' When the ^'^ custom was declinuig, indeed, a disposition existed to / require the assent of both parties before the tribunal would (^ allow a case to be thus decided.' In civil cases, we may assume that absence of testimony, or the consent of both parties, was requisite to its employment.* The comfort which the system must have afforded to indolent Judges in doubtful cases is well exhibited by a rule in various ancient codes, by which a man suspected of crune, even * Tboi in tli0 loAlandlo code — ** Qaodai rem ferram eand^oi m g9nn yello obiuUrit, boo minimo itrJioUinr."— Grigtfa, Boot ri. o. 83. So in tbe Uwi of Drugoi in 1190 (f 81), wo And ibo aooosod allowed to oliooso botwoen tbo rod-bot iron and a regular inquei t — *' Qui do palingia inpetitnr, si ad jadioiam ardentii ferri renire nolnerit, Toritatem oomitis qnalem melius inper boo invoniri potorlt, aooipiet*' (Warnkiinig, IlUt. do la Flond. IV. 872)— ihow. ing tbat It was oonildered tbe moet abiolute of testimony. And in a oonsti- tntion of Frederlo Barbarossa '*8i miles rustlonm do violata psoe pnlsaTorlt .... do dttobus unnm rustlous ellgat, an divino ant liawano judioio iuno- oentbim suam ostendat"— Feador. Lib ii. Tit zxvii. f 8. * Tbus an anonymous eeoleslastio, in an episUo quoted by Juretns (Ob- sorrai. in Ivon. Carnot. Kplst. 74) — '* Simonlaei non admittuntur ad judi- oiuro, si probabiles persons, etiam laloornm, Tel femlnarura, pretium se ab eis rcoipisse testantur ; neo allud est pro manifestis Tonire ad Judicium nisi tentare Dominum." Vy^Dnellum Tel Judicium oandentis ferrI, toI aqus» ferrentit, Yel aliaeanonl* bus Tel legibus Improbata, nullomodo in ouria Montispessulani rata sunt, nisi ntraque pars oonTonerit. — Statut. Montitpess. ann. 1204 (Du Gauge). * Si aooolis do neutrins jure oonstat, adeoque bao in re testimonium dieoro non queant, tum Judicio aqusB res deoidatur. — Jur. Provin. Alaman. eap. eclxjiviii. f 6. — Poterit enim alteruter eorum petere probationom per aquam (wasser urteyll) noc Dominus nee adTorsarius detreotare posslt ; sed non, nisi quum per testes probatio fieri nequit. — Jur. Feud. Alaman. eap. Izzvii. f 8. " Aut Teritas reperiatur do bocper aquatienm l)ei judloium. Tamen jndi- oium Dei non est lioltum adliiberi per uUam oausaro, nisi cnjus Toritos per justitiam non potest alitor reperiri, boo terminabltur judicio Dei." — Jur. Feud. Saxon. \ 100 (Senolcenberg. Oorp. Jur. Feud. German, p. 849). — So, also, in a later text, "Judicium Domini fervida aqua yel ferro non lioet in causa aliqua ezperirl, nisi in qua modis aliis non poterit Torilas indagari.*' —Cap. zxlv. i 19. (Ibid. p. 387.) PLAIMTIVr 8UBJK0TBD TO TDB ORDEAL. 258 though no Accuser caino forward, was thrown into prison And kept there until he could prove his innocence by the onlcal of water.* Wo have seen aboye occasional instances in which the accuser or plaintiff offered to substantiate his veracity by an a])iieal to tlie ordeal. Tliis was an established rule with regard to tlie wager of battle, but not as respects the other forms of tlie Judgment of Qod, which were regarded rather as means of defence than of attack. I have met with but one iustan<*e of general instructions for their employment by tlio accusing ]mrty. Archbisliop Hincmar directs that cases of complaint against priests for dissolute life shall lie supportcil by seven witnesses, of whom one must sub- mit to the ordeal to prove tlie truth of his companions' oatlifl, as a wliolcsome clieck ujion perjury and subornation.* With a similar object, the same prelate likewise enjoins it on compurgators chosen by the accused, on his failing to obtain the support of those who had been selected for him by his Judge.' Allied to this was a rule for its employ- ment which was extensively adopted, allowing the accused the privilege of compurgation with conjurators in certain cases, only requiring him to submit to the ordeal on his failing to procure the requisite number of sponsors. Thus, in 704, a certain Bishop Peter, who was condemned by the Sj'nod of Frankfort to clear himself, with two or three ■ £ublifMm0iite de NormsnaU. Tit d« PrUon (fA. ManiUr). PfmImIj •imUar to thii wm % reicvlnilnn in ih0 •mrtj DohemUn lawi. — BnellAt LfffCM. (r»lr«l. Iftl, 135S-9.) And an ftlmott idtniieal proTlsion ii found in the Anslo-Siixon jari«pnideno0. — L. Cnnil 6««. e«p. zxzt. — L. Honrio. I. onp. Ixi. 4 6 — 8«t, nl«o, AMlaat de Jeininleai, BaIiim Coari, mHx. * Bi, ezeeptif McnnitoribM, Mpiem tint UpUi idonel, qni ind« TeriU- torn per nenuneninni dleani, ex qnlbni pex jnrenl, tt leptlniai, id eonditio Tel qnnllUii peraonm permlUli, ad Jodlelam exeat qnod lUI ex TeriUla inda per aa«ramentttm dixernnt ; qola moUl Jam deprehenel ipnd nm babentnr, q««nlani pretlo eondaetl aa perJnrareraDt.— lllacmari Caplt. Sjnod. aaa. Ml, II. xxi. ' llincmari K|»iiit. xxxIt. 23 254 THE ORDEAL. conjurators, of tho suspicion of complicity in a conspiracy against Cliarlemagne, being unablo to obtain thein, one of his vassals offered to pass through the ordeal in his behalf| and on his success the Bishop was reinstated.* That this was strictly in accordance with usage is shown by a very early text of the Salique Law," as well as by a siuiilai* pro- yision in the lilpuarian code." Among the Anglo-Saxons it likewise obtained, ftrom the time of the earliest allusion to the ordeal occurring in their Jurisprudence, down to tho period of the Conquest.* Somewhat similar in tendency was a regulation of Frederic Barbaros.sa, by which a slave suspected of theft was exposed to the red-hot iron, unless his master would release him by an oath.* Occasionally it was also resorted to when the accused was outsworu, after having endeavored to defend himself by his oath or by conjurators. Popular belief might give to the accuser a larger number of men willing to associate themselves in the oath of accusation than the defendant could find to Join him in rebutting it, and yet his guilt might not ns yet 0^ be clear. In such cases, the ordeal was a most convenient i/^ resort.* /^ These regulations give to the ordeal decidedly the n8|Kct /y of punishment, as it was thus inflicted on those whose guilt J was so generally believed that they could find none to / stand up with them at the altar as partakers in their oath ' 0«pU. Oar. Mig. Ann. 704, f 7. * Bo Jnratorei non poiutrU inTenir«, aoi ad Ineniii ambntat aal, ate. — MS. Uuolferbyt Tit. ziv. ' Quod f i . . . . Juratorai Invenire non potuarii, ad Ignom aea ad aortan aa axonaara aUdaat. — L. Ripuar. Tit. xxxi. f 5. * Dooma of Bdward the Elder, cap. ill. So alao to the lawa of William tho Conqueror, Tli. i. cap. ziv. — "SI leii eeoundira aei duaime main. B »i II auer net pot, al len defende par Julie.*' The collection Icnown by the name of Henry I. baa a siiuilar proviilon, cap. Ixvl. f S. ' Bl •arrui aliquia culpatui non In furto fuerli deprehenauf, •equanto die ezpurgablt te judioio Igniil ferri, Tel dominui Juramentuu pro ao praratabli. — Radovio. da Reb. Frid. Tiib. i. cap. xzvl. * Concil. Tribur. ann. 895, o. xxii. U8KD AS A rUNISTIMBNT. 255 of (IcninI ; niifl tliift is not iho only circumstance wliicli Icailn us to l)clicvc timt it was freqnontl}' so rcgnrdecl. The grmlimtcd sonle of single and tri[)le ordeals for oflTences of <1int'ront magnitudes is so totally at variance with the theory of niiraonlons interposition to protect innocence and punish guilt, that we can only look upon it as a mode of inflicting graduated punishments in doubtful cases, thus holding up n certain |)eualty in (errorem over those who would other- wIho Iioj»c lo escn|)e 1»3' the secrecy of thoir crime — ^no doubt wUh a comforting conviction, like that of De Montfort'e priestly adviser at the sack of Hczicrs, that Heaven would know its own. This same principle is visible in a provision of the charter of Loudun, granted by Louis-le-Oros in 1128, hy which an assault committed outside of the liberties of the commune could l)c disprove*! by a simple sacramental nnlh ; but if within the limits of the commune, the accused was obliged to undergo the ordeal.* Further evidence is afrorded by the principle, interwoven in various codes, by which a first crime was defensible by eonjurators, or other means, while the "tiht-bysig" man, the "homo infamatus," one of evil repute, whose character had lieen previously compromised, was denied this privilege, and was forced at once to the hot iron or the water. Thus, among the Anglo- Saxons, in the earliest allusion to the ordeal by Edward the Elder, it is provided that perjured persons, or those who had on(*e Ik^cu couvictcd, should not be deemed therealler oath- worthy, but should Iw hurried to the ordeal ; a regulation rc|N*alcd with sonut variations in the laws of Ethel red, Cnut, nud Henry I.* The Carlovingian leginlation establishes a similar principle,* and the Council of Tribur, in 895, shows ' C1i«rt Comamii. lAmlan. (nnlai. •i Mantt IV. p. SO.) * Ul d«iiice|Mi 1IOB tini dlgnl Jaraiiioiiio —d ordaUo. ~ Legg. BdwArdI eft|». Ut. ; Rlh«lredl e«p. 1. fl i Cn^tl S««al. eap. xxU , xxx. ; Ilenricl I. wp. IxT. 4 3. * CapU. Car. Mag. i. ann. ftOO, cap. zx\Hi ~C«i*ii. LodoT. PH. I. anii. SID. 256 TUB OIIDKAL. it to be Btill in force.* Three centuries later, tlie IcgiHlatioii of Flanders shows the same tendency, the code granted to Bruges in 1190 providing that a first accusation of tlicfk should be decided by witnesses, while a second was to be met by the cold-water ordeal.* In the German municipal law of the thirteenth century, the same principle is observed. An officer of the mint issuing false money was permitted the first time to swear to his ignorance, but on a second oflfeuce he had to submit to the ordeal ; and it was similarly en- Joined on those who had become infamous on account of a previous conviction of theft." The contemporary jurispru- dence of Spain has a somewhat similar provision, by which a woman accused of homicide could not be exposed to the ordeal, unless she could be proved Xitterly abandoned, for which a curious standard was requisite,* and this is the more remarkable, since by the same code a procuress was forced at once to the red-hot iron to prove her innocence. In the legislation of Charlemagne, there is a curious pro- vision, by which a man convicted seven times of theft was no longer allowed to escape on payment of a fine, but was forced to undergo tlie ordeal of lire. If ho succunilied, he was put to death ; if he escai)cd unhurt, he was not dis- ' Nobllis homo tcI ingooaas .... oom dnodeoim ingooiils m oxparfot. St aatoa doprehomai fuerlt in farto Tel porjarlo Aui fkUo Uttimonlo f«rTenti aqaa aut o»ndoDli ferro m expuigot — DttrohArdI D«oroi. Lib. xyt. cap. 19. * Koart de la Ohi^tollenie do Bruges, f 28. Quodii poitmodnm do ftirto inpetiiai yenerlt, purgabli le jadloio frigidu) nqum In iiio oorpore Untum. — (Warnktfnlg, Ilisi. do la Fland. IV. 371.) ' Jar. ProTio. Alaman. oap. cIzzxtI. ff 4, 6, 7; cap. oooIzxIt. ; Jar. ProTin. Bazon. Lib. i. Arl. SO. So, alio, in the foartoonth eeniary, ibo '* Tir famo iniegr»" oleared himieir **Jnrainenio taper rellqutif laootorum pmsiito," while, after a firit offence ** porgart le earn debero porkatione ferri eandeniie, rel immiMione braohii aaqae ad enbltum in aqaam fenren- tem, Tol tandem eertamlne •ingalarl, pronuneiatar." — Rlchitleh Landrecht, eap. HI. * SI non faero proTada por male, qae eya yasldo eon oinoo omet. — Fuero de Baefa (Villadiego, Fuero Jasgo, fol. 817 a). USED AS A TORTURE. 257 charged ns innocent, Imt his lord was allowed to enter bail for his fiitnre good l)clmTior' — a mode at once of admin inter- ing punishment and of ascertaining whether his death would he ngreeablo to Heaven. When we thus regard It as a lienalty on those who by misconduct had forfeited the con- fldcncc of their fellow-men, the B3*stcm loses part of its absurdity*, in proportion as it departs from the principle uniler which it was established. There is also another as^iect in which it is probablo that the ordeal was viewed by those whose common sense must have shrunk firom it simply as an appeal to the Judg- ment of God. There can be little doubt that it was fre- quently found of material use in extorting confession or unwilling testimony. By the early codes, as in the primi- tive Greek and Iloman law, torture could be applied only to slaves, and the ordeal was a legalized torture, applied under circumstances i)eculiarly provocative of trutlu' In those ages of faith, the professing Christian, conscious of guilt, must indeed have been hardened, who could undergo the most awful rites of his religion, pledging his salvation on his innocence, and knowing under such circumstances that the direct intervention of Heaven could alone save him from having his hand lK>iled to rags," alter which he was to meet the full punishment of his crime, and perhaps in addition lose a member for the perjury committed. With * Ciipil. Car. Muf. tit. Ann. 81 3» onp. 4S. * Tli0 H<»M r^Ulionyhlp btiween tome formf of ih^ oHmI mnd torinr* li •tempilllrfl In the re|;tiliiUoni whtelt freqnenUy •nnbled Ike TrMmnn tool«iir hioMvir of ftMavnUont by eompargniion, while the flaTo wm reqnirwi to •nderKO the orflenl. B—, Tor in»(anee, Concil. Movant, iinn. R47, omi. ixIt. ' The MTerilj of the oHml, when the inSerer hivl no frlenite amens ibe AfieretArfl lo tave him, may be cle«lare<l from the (lewrlitiion of a haml when MraMtl from Ite three flays* tying np after Ita plnnice Into hot water ; '* In- Sataw ailmmlnm ct eieoriatam panie<|ae Jam f arn^ pntrida efllae ntrm Hex- leram inriltiP mlcndlt/' (l>n Cange, i. ▼. AifMtr Ffrv,Jn*liri9tm.) In Ihia f*a«r, the PnSf rrr w«« Ihr ailrermry of an abbey, of whieh the monhi perhapa baa the boiling of the kettle. 22* 258 TUB ORDKAL. « such a prospect, all motives would conspire to lend liiiii to ^a prompt and frank acknowledgment in ttie early Binges ol' / the proceedings against him. These views are strength- ^ ened by the fact that when, in the thirteenth century, the Judicial use of torture, as a means of obtaining testimony and confession, was becoming systematized and generally employed, tlie ordeal was falling into desuetude and rapidly disappearing. The latter had fulfllled its mission, and the .former was a substitute better fitted for an age which reasoned more, believed less, and at the same time was quite as arbitrary and violent as the preceding. A further confirmation of this supposition is afforded by the coinci- dence that the only primitive jurisprudence which excluded the ordeal — ^that of the Wisigoths — ^was likewise the only one which habitually permitted the use of torture,* the only reference to the ordeal in their jurisprudence being a provision which directs its employment as a preliminary to the more regular forms of torture. Some of the ordeals, however, such as that of the Eucha- rist, of bread and cheese, and touching the dead body, do not come within this class, but they addressed themselves powerfully to the conscience and imagination of the ac- ' L. Wliig. Lib. VI. Tii. i. f S.— An epiaile attributed both to Stephen V. and SjWeiter II. ihowi that the ordeal waa evidenUy regarded ai a torture by thoie whoee enlightenment led them to condemn the popular fnith in it ai a auperatiilon : ** FcrrI oandentie vel aqun ferveutie exmninatiune eon- feHionem eztorqneri a quolibet, Miori non oeneuerunt canonea, et quod lano- torum Pntrnm dooumento sancituin non est, auperiUtiosa atUnventione non eit prasiumendum.*' — I von. Carnot. Epiiit. 74. — Can. Connuluiiitl, Cane. II. q. 6. That the ordeal was praetieallj regarded as a torture, giving addl. tional weight to teitlmony, ia shown by the terms of an olTer made to undergo It by a priest named Adalgor when in the Counoil otBi. Bnseul heoonresscd the part he had taken with Arnoul, Archbishop of Rheims, in Charles of Lorraine's resistance to the usurpation of Ilagh Capet—** IIsdc sI quisquam vestrum alitor esse putat, meque indignem cui credatur, credat igni, fervent! aqusD, candentl forro; faoiant fidem tormenta quibns non sufllieiant mea verba." (Concil. Basol. cap. xi.) It is observable that he omits the cold- water ordeal, as not being a torture. Rainer, private secretary of Arnoul, offered to prove his statement by giving up a slave to walk the burning ploughshares in evidence of his troth. (Ibid. cap. xzz.) EFFECTS ON THE IMAGINATION. 259 cii80<l, ^'hoBc callous fortitude no doubt often gave way under the triaU In our own country, and almost within our own time, the latter ordeal was revived in one instance with this object, and the result did not disappoint the expectations of those who undertook it. In the case of People VH. Johnson, tried in New York in 1824, the sus- pected murderer was led from his cell to the hospital where lay the liody of the victim, which he was required to touch. DiRsimulniion which had been before unshaken failed him at the awful momont; his ovorHtruup: nerves gave way, and a confession was faltered forth. The proceeding was sustained by court, and a subsequent attempt at retraction was overruled.' The powerful influence of such motives is shown in a custom which, as recently as 1815, was still cmploycfl at Mniulcurc, near Montl)clliard, and which is ]icrhnps the latest EurofHsan instance of the legalized ap- plicntiou of an ordeal. When a theft had been committed, the inhabitants were summoned to assemble after vespers on Sunday at the place of Judgment. There the mayor summoned the guilty person to make restitution and live in isolation for six months. If this appeal proved fruitless, recourse was had to the trial of the staff, in which two magistrates held aloft a piece of wood, under which every one was lH>und to pass. No instance was on record in which the culprit dared to do this, and he was always left alone.' There are two |)cculiaritics of the system, i)erhaps worth alluding to, which may be tliought to militate against the theory of its use as a torture. The one is the iiermission ' An rrgftnlf lli« ordeftl of broad, BoeeMio*a liory of Calondrino (Qlorn. ntt. Not. S), whieb iartia npon ibe mixing of « nmatiijr of olooo wiih tho food iatondod for tbo eortttttd^ porbapo tbrowf lomo light on iho mlraelot roportod to freely by ibo boneai monk lib ebronlclerv, and on tbo praotlooa bj wbiob Iho wbolo vyttom waa rendered ■nbeerTlent to the iatoroita of thooo Intrnnted with iU admin lutratlon. • Wharton and StilM • Med. Jnrifp.. td Ed., 1800. ' MIeholet. Originet doi Loix, p. S40. 2ft0 THB ORPKAL. somotimcs accorded to put forward substitutes or cliam- pioiis, who dared the fire or water as freely as the field of single combat. Of this custom so many examples have already been given incidentally, that further instances would be superfluous, and I would only add that it is no- where permitted as a general rule by any code, except m the case already quoted of the ordeal of the cross, where it was a privilege accorded to the old or infirm, and probably only as a local custom. That a person rich enough to purchase a substitute, or powerful enough to force some unhappy follower or vassal to take his place, should obtain a favor not generally allowed, is a matter of course in the formative |)eriods of society; accordingly, it will be ob- served that all the instances of the kind mentioned aliove relate to those whose dignity or station may well have rendered them exceptional. This is further rendered probable by the fact that ex- emption from the ordeal was in some places the privilege of flreenken, who were entitled to rebut accusations by the safer mode of procuring a definite number of compurgators to take with them the purgatorial oath. We find tliis alluded to as early as the seventh century, in the legis- lation of the Ripuarian Franks, among whom the ordeal was reserved for strangers and slaves. In 895 the Council of Tribdr draws the line with a distinctness which shows that the custom was well established at that period.* I ' It permlU ib* '*nobilifi homo Tel ingenuoa" to robui an MdOiaUon with twelro eompurgaiora, bui if he had previouily been oonvioied of ortinc — "fioni qol Ingenuaf non eit, ferrenii aqua aal OAodenil ferro fe expnrgei." (BurohardI Deoret. Lib. xvi. eap. 10.) The law of William the Conqueror (Til. Ii. o. 3.— Thorpo, 1. 488), by which the duel was reierved for iho Norman, and the vulgar ordeal for the Saxon, might be lupposed to ariae from a limilar diitinotion. In reality, however, it waa only preterving the anoeetral euatoma of the raeea, giving to the defendant the privilege of hia own law. The duel waa unknown to the Anglo*8axona, who habitually employe«l the ordeal, while the Normana, pre- vioua to the Oonqueat, aocording to Ilouard, who ia good authority (A no. Loix Frano. I. 221-222), only appealed to the aword. ALL GLA88K8 BUBJKOTKD TO IT. S61 liAvc Already quoted (p. 220) a docamcnt of 1061 giving a similar rcgitlaiiou in Alsace, while in 1192 the burghers of Ghent inserted it in a charter which they extorted Arom the Conntess Matilda, widow of Philip I.* So when, in 1086, the Kin|)eror Henry IV. proclaimed the Truce of God, at the AsBcmbly of Mainz, he directed Uiat those accused of disregarding it should, if freemen, clear themselves with twelve ap))rovod compurgators, while serfs and villeins were forced to undergo the cold-water ordeal.* The other ohjeetion to our hypothesis is that to some extent the common ordeal was a ])lebeian process, while the ]>ntrieians arrogated to themselves the wager of battle. This distinction, however, hardly existed before the rise of feudalism gave all privileges to those who were strong enough to seize them, and even then it was by no means universal. We have already seen that although in the earl^' part of the eleventh century the Emix^ror Ilenry II. undoubtedly promulgated such a rule, yet that Glanville, a hundred and fiHy years later, considers the red-hot iron as noble, and that in the thirteenth century the feudal law of Germany prescribes the wasncr-urleyU for territorial dis- jMites lietwcou gentlemen. In the earlier codes the distinc- tion Is unknown, so that we are Justified in assuming that no general principles can be deduced from a regulation so late in its api)earanco and so uncertain in its application. Tlic degree of confidence really inspired by the results of the ordeal is a somewhat curious subject of speculation, ' B\ est impvtetar ei eonvietufl Don ftierli, Uber p«r doodeolm Uborof m ^rgftbii, non Ub«r Jadlein aqa» fVigld». — Kenr« d« Gand, \\ 7, 8, IS. (WarnkSnig. \\\%i, d« la Pland. II. S28.) We tee that It ia bora dirwstod to b« Qtad niaraly in defhuU of oiber Ufiimony, bafora Ubaratlng tiia aoenaad who ooald not ba eonrielad. * Caiannqaa Toro rlolaUo bajai pacU InpoiUa f^erii, at ipaa negaTarU, al iagannvi eH ant Uli«r, daodeeim probaili la ax parget. 61 ferTng, tarn Uto qaam mlnMariaUa, Jndlelo aqun rrigldflD.— Ilanriei IV. Conilli: IT. (Pa- trolng. 151. 1 135.) 262 TnB OEDBJkL. and one on which definite opinions arc not easily rcachoil. Judicially, the trial was conclnsive; the man who had duly snnk nnder water, walked unharmed among the huming shares, or withdrawn an unblistered hand from a caldron of legal temperature, stood forth among his fellows as innocent. So, even now, the verdict of twelve fools or knaves in a jury-box may discharge a criminal, against the plainest dictates Of common sense ; but in neither case would the sentimente of the community be changed by the result. The reverential feelings which alone could im|)art fiuth in the system seem scarcely compatible with the prac- tice of compounding for ordeals, by which a man was per- mitted to buy himself off, by settling the matter with liis accuser. This mode of adjustment was not exteusivcly introduced, but it nevertheless existed among the Anglo- Saxons,^ while among the Franks it was a settled custom, permitted by all the texts of the Saliquo law, fi*om the earliest to the latest.' Charlemagne, in the earlier |)ortion of his reign, does not seem to have entertained much re- spect for the Judgment of God, wlieu he prcserilied tlic administration of the ordeal for trifling affairs only, cases of magnitude being reserved for the regular invcstigatiou ' Doomf of iBihdfton, t. oftp. SI. * Virat T»zl, Tit. Liii. and L. Bmend. TiL lt. — A p«non eondomned by til* oouri to nodorgo the ordeal could, by a traoMction with tbo aggrieTwl party, purchase the privilege of clearing himielf by canonical ooinpargalioo, and thue eaoape the leverer trial. He was boond to pay hie acoaser only a portion of the fine which be woald Incar If prored gnilty — a portion varying with different offoncei from one-foarth to one-iizth of the wkr-gild. The Interesta of the tribunal were guarded by a clause which compelled him to pay to the grajio, or Judge, the full frmium, or public fine, if his conscience Impelled him to submit to an arrangement for more than the legal per- centage. It is on this custom that Montesquieu relies to support his theory of the absence of negative prooft in the Prankish Jurisprudence. The (allscy of the argument is Airther shown by the existence of a similar privilege in the Anglo-Saxon laws, with which the learned Jurist endearori to establish ft special contrast. OONFIDBNOB BBP08BD IN IT. . 368 X '"^ of iho law.* Thirty years later, the pitblie mind appears r aHlictcfl with the same donhts, for wo find the monarch endeavoring to enforce confidence in the system by his commands.* How far he succeeded in this difillcult attempt, wo have no means of ascertaining ; bnt a rnlo of English law, four hundred years later, during the expiring struggles of the practice, would show that it was regarded as bjjio means conclusive, when a malefactor who had established hisiirnoceiice !)y hot water or iron obtained thereby onlyi a commutation of ])unishmeut, and was forced to leave the \ kingdom in peri)ctual exile.* St. Ivo of Chartres, though he had no scruple in recommending and enjoining the ordeal, and, on one occasion at least, pronounced its de- cisions as beyond ap|)eal, yet he has placed on record his conviction of its insufllcioncy, and his exiierience that the myKtcM'ious Judguiont of (lod not iufreciuontly allowed in tliis manner the guilty to escai)e and the innocent to bo punished.* Tliere is also evidence that the manifest, in- justice of the results obtained not infrequently tried the faith of believers to a degree which required the most ingenious sophistry for an explanation. When, in 112T^ the sacrilegious murder of Charles the Good, Earl of Flanders, I'/Qnod fi MOo»Aloi eonUndere Tolaerli do ipso peijario itent ad oraeMi. . . • IIoo vero d« nlnorlbof rebut. !>• miijorlbat wro, ant do lUin iDgo* nvlUliP, seenndnin legeni oaitodUnt— Cupli. Car. Uug. aan. 779, f 10. TbftI Ihif wu rcfrpeetod m Uw in foreo, nearly a band red jmn later, ii 9bowD by lie being inelnded In ibe eolleellon of Capitolarlce by Denediet ibe Lerlle. (Lib. T. ea^ I9«.) * Ui onines Jndielo Del eredant abeqne dnbllailoae.^Caplt. Car. Mag. i. ann. 809, \ SO. * Coneliiatio qnidem lalif faii, <|Qod qnaniTif aliqolfl ae porgarot Jndielo aqns rel Ignle, hie nibilonlnna regnnm abjnraret— Braeion Lib. tti. Trael 11. cap. 1«. 4 S. ' l*m (|nibnii allqae m eondemnare nee niine majornm nee alia legnn eon- eedit anetoHUm. . . . Slnili aiodo, eaaierlan niilHia nnllnn iibi eerinn pnvbei argomenlaai, enm per examlnallonem ferri eandentli oeenlto Del Jadielo maltoe vldeamoii noeeoiee liberaUw, nnUoa ianocenlet taipe damna- toe.— Iron. Carnot Bpiil. eer. 864 TUK OBDKAI.. sent a thrill of horror throughont Enroix), Lambert of Ko- donbnrg, whoae participation in the crime was notorious, succeecled in clearing himself by the hot iron. Shortly afterwards he undertook the siege of Ostbourg, which lie prosecuted with great cruelty, when he was killed in a sally of the besieged. The pious Galbert assumes that Lambert, notwithstanding his g^ilt, escaped at the ordeal in conse- quence of his humility and repentance, and philosophically 1 1 adds: ^^Thus it is that in battle the unjust man is killed, I j although in the ordeal of water or of fire he may escape, if truly repentant."' The same doctrine was enunciated under ' John Cantacuzenes, in the middle of the fourteenth century, V by a Bishop of Didymoteichus in Thrace. A frail fair one ^ being violently suspected by her husband, the ordeal of hot ) iron was demanded by him. In this strait she applied to ''^ the good Bishop, and he, being convinced of her re|)entance and intention to sin no more, assured her that in such a frame of mind she might safely venture on the trial, and she accordingly carried the glowing bar triumphantly twi(« around the Bishop's chair, to the entire satisfaction of her lord and master.* While reiientance thus enabled the crim- inal to cscai)e, on the other hand the innocent were some- times held to be liable to conviction, on account of previous misdeeds. A striking instance of the vague notions cur- rent is afforded in the middle of the eleventh century by a case related by Othlonus, in which a man accused of horse- stealing was tried by the cold-water ordeal and found guilty. Knowing his own innocence, he ap^xsalcd to the surround- ing monks, and was told that it must be in consequence of some other sin not properly redeemed by penance. As he had confessed and received absolution before the trial, ho denied this, till one of them pointed out that in place of allowing his beard to grow, as was meet for a layman, he had impiously carried the smooth chin reserved for ccclesi- ■ VU. Carol. Oomil. FUndren. cap. xx, * Golliu d» Pliincy, op. eii. •. r. Per Ckaud. OONFIDENOB BBP08BD IN IT. 865 asticfl. Confessing his guilt, promising due penance, and vowing never to touch his beard with a razor again, he was conducted a second time to the water, and being now free from all unrc|)entcd sin, he was triumphantly acquitted.* In fact, as the result dcixsnded mostly upon those who administered the ordeal,' it conferred an irresponsible IK>wer to release or to condemn, and it would be exiHScting too much of human nature to BU])poflc that men did not yield friM]ueu(ly to the ieuiptntton to abuse that iwwcr. The injustice thus practised must often have shaken the most robust faith, and this cause of disbelief would receive additional strength from the fact that the result itself was not seldom in doubt,, victory Ijeing equally claimed by both parties. Of this we have already seen examples in the anViirs of the lance of 8t. Andrew and of the Archbishop of Milan, and somewhat similar is an incident recorded by the Bollandists in the life of St. Swithin, in which, by mi- raculous interposition, the opi^osing parties beheld entirely different results from an appeal to the red-hot iron." Efforts of course were made fVom time to time to preserve the purity of the appeal, and to secure impartiality in its application. Clotair II., in 595, directs that three chosen persons shall attend on each side to prevent collusion;' and among the Anglo-Saxons, some four hnndred years later, Ethelred enjoins the presence of the prosecutor under penalty of loss of suit and fine of twenty ores^ apparently ■ OtblfiB. Narral <!• Mir»o. quod nnptr aeflidii, Mc. (Pftirol. 146, i4S-4.) L«|«lng agmiii, bowerer, into lh« rin of ihmTing, npon » qolbblo ai to ibo kind of iminimeiii Anplojed, ib« anger of lIonTen manifetiod llaolf bj •Uowing him lo faU into the bandi of an onemy who pat oot bit eyes. * RniniTero mirnm Ibit nitra modnm, qnod faotorct annrnm ot Inia* tiAnem eon»plciebant; erlninatorct Ita aanam ejna Tidebaat polmam, qoaal penitoa fnlrnm non totigliwet ferrnm. — Mlrao. 8. Swttbnni e. ii \ 37. In thifl e«M, Ibo patient waa a Plare, wboto matter bad Towed to giro bim to the chnreh In eauo ho e»eaped. * Ad otramqae partem tint tomas peraonai eleetaa, no eonludlos ieri poftlt— Ureret ChlotharH II. eap. vii. 23 266 TUE OftDKAL. for tho same object, as well us to give antkcnticity to the decision.^ So in Hungary, the laws of St. Ladislaa, in 1092| direct that throe sworn witnesses shall be present to attest the innocence or guilt of the accused as demonstrated by the result.* A law adopted by the Scottish Parliament under William the Lion, in the second half of the twelfth century, shows that corruption was not uncommon, by for- bidding those concerned in the administration of ordeals from taking any bribes to divert the course of Justice,' and a farther precaution was taken by prohibiting the Barons from adjudging the ordeal without the intervention of the sheriff to see that law and justice were observed.* In tho trial by red-hot iron, a widely prevailing custom ordered that for three days previous the hand should be wrapi)cd up to guard against its being fortified, and among the Greeks a carefril provision was made that the hand should be tho- roughly washed and allowed to touch nothing afterwards, lest there should be an opportunity of anointing it with unguents which would enable it to resist tho fire.* These regulations show that evils were recognized, but wo may reu- sonably hesitate to believe that the i*emcdies were oltectual. The Church was not a unit in its relations to the ordeal. During the earlier periods, indeed, no question seems to have been entertained as to the propriety of tho practice ; it was sanctioned by councils, and administered by ecclcBi- astics, and, as we have seen, numerous formulas of prayers and adjurations were authoritatively provided for all the « > Eiholred. in. 4 4. * Synod. Zabolos, oan. 37 (Baithyanl. Logg. Eeolcf. IToDg. T. I. p. ISO). ' Et quod propUr fnoiam Judiciam ftqun, yel ferri, rel duelU, auI oajai- ounqae modi JudicU, nullAin lument aut oapieni peounlam, aui allud bena- fleium, pro quo effooins jualiiio} manaat imperfeetui. — Btatut. WilbolmiRegu cap. 7, 4 3. (Skene II. 4.) * Nnlli Baroni liceat tenere onriam aqun Tel ferri, niii ViceeomeB rel ejiu lerTlentei iaieraini, ad videoduu quod lex ei Juiiitia fial. — Ibid. cap. 16. ' Bu Cange, s. r. Ftrrum caudens. E0CLK8IA8TI0AL OPPOSITION. S67 difrorcnt varieties in use. This anonimity was, howoTcr, soon diRtiir1>c(1. At tlic commcnccincnt of the sixth cen- tury, Avitiis, Hishop of Yienne, remonstrated freely with Cnndobnld on account of the prominence given to the hnttl(M>rdoa1 in tlie Bnrgiindian code; and some three cen- turies Inter, St^g^obard,, Archbishop^ o f Lyon s, attacked the wliole system in two powerful treatises, which in many points display a breadth of view and clearness of reasoning far in advance of his age.* Soon after, Leo lY., about the middle of the ninth century, condemned it in a letter to the English bishops ; some thirty years later, Stephen Y. rcpeate<1 the disapproval ; in the tenth century, Sylvester IL opiK>sed it; and succeeding pontiflTs, such as Alexander IL and Alexander III., in vain protested against it. In this, the chiefs of the Church placed themselves in opposition to thrir suliordiimtcs. No ordeal could lie conducted without pricfltly aid, and the frequency of its employment, which has 1)een seen above, shows how little the Papal exhorta- tions were respected by the ministers of the Church. Nor were they contented with simple disregard ; defenders were* not wanting to pronounce the ordeal in accordance with the Divine law, and it was repeatedly sanctioned by provincial synods and councils. In 853, the Synod of Soissons ordered Hurchard, IMshop of Chartres, to prove his fitness for the episcopal ofllce by undergoing it.' Ilincmar, Archbishop of Ulieims, lent to it all the influence of his commanding talents and position; the Council of Mains in 888, and that of Tribur near Mainz in 895, rocommended it; that of Tours in 925 .ordered it for the decision of a quarrel liotwcon two priests rcspecting certain tithes ;' the synod of the province of Mainz in 1028 authorized the hot iron in a case of murder;* that of Elne in 1065 recognized it; * T1i« •' Llb«r •df«rm Legem QandobAdt* * aad «* Liber eoatra Jvdioiam Del." * C«rii. Carol. Calri Til. xt. e. HI. (Belnte.) " CahHI. TnrAn. enn. 92!* (Merlene ei Dnrnnii. T. IV. pp. 7S-S). * Animlliit. Rmn. «nn. 1029. 268 THK ORDKAIi. that of Audi in 1068 confirmed its nse; Bnrckluut, Biahop of WormSi wboac colleciiun of cauoua ia still an authority^ in 1023 assisted at the Council of Selingenstadt, which directed its employment. The Synod of Gran, in 1099, decided that the ordeal of hot iron might be administered daring Lent, except in cases involving the shedding of blood.* In the twellth century, we find St. Bernard alluding approvingly to the conviction of heretics by the cold-water process,' of which Quilicrt do Nogcut gives us an iustaiiee wherein ho aidc<l the Bishop of Soissous in administering it to two backsliders with complete success.' Prelates were everywhere found granting charters containing the privilege of conducting trials in this manner. It was some- times specially appropriated to members of the church, who claimed it, under the name of "Lex Monachorum," as a class 4>rivilcge exempting them ft*om being parties to the more barbarous and uncanonical wager of battle;^ and in 1061 a charter of John, Bishop of Avranches, to the Abbot of Mont S. Michel, alludes to hot water and iron as \he only mode of trying priests charged with olfenccs of magnitude.' There was therefore but slender ground for so eminent a canonist as St. Ivo of Chailres, about the same period, to insist that ecclesiastics enjoyed immunity from it, while admitting that the incredulity of mankind sometimes required an appeal to the decision of Ilcavcu, even though such apixuils wore not commanded by the * natibyMl, L«gg. Eoclof. Hung. 11. 126. * Ex»mlnaU judioio aqaiB meodiioM invontl mnt «... aqua 90§ non lai- dpienU. — In Canlioa, Sermo 60. (AmeUbon.) ' n* VIU fQA, Lib. III. o»p. 18. * Tb«odArleiu Abbai Vie«-Ooniiiem adiil paratiu ftut oalldl ferri jadieio Monndum legem monaoborom per fuuin bomlDem probare, ani Moio ei baealo leoandam legem eeoulariam deffendere. — Annal. Bonedtci. L. 67, No. 74, ann. 1036 {ap. Uoaard, Loix Ano. Vran. I. 267). ' Jadicinm ferri Igoiti el aqam ferreniia Abrineie portarelar, li eleriol lapfl in eulpam degradaUonii forte inTeifireniiir. — Cbart Joan. Abrino. (Patrolog. 147, 266.) INFLUENOK OF THE OlIUBOn. SCO Divine Inw.* Pope Calixtus II. himself, aboat the sdroe period, gave his sanetioii to the systeni, in tlie Council of lUieimfl, in 1119.* About the same period, the learned priest Ilonorins of Autun specifies the benediction of the iron and water of the ordeal as part of the legitimate Amo- tions of his order;* and even Gratian, in 1161, hesitates to condemn the whole S3'Btem, preferring to consider the canon of Stephen Y. as prohibiting only the ordeals of hot water ' If erbort, ni»liop of !• Manp, wai seoatMl by Utnrj I. of Sngl««d of on- doAYoring to botray Uiat oiiy lo il« former niAtUr, Md wm ordorod to provo bit iDnoeeneo by tbo ortUal of boi Iron. Ito MSiir«d bim (Rplit. 74) that no law or ca»toni reqalrod li of an oeolotiMtio, and wo may preramo thai ebarebmen knew too mnob of tbe ordeal io irnsi UienmolroB willingly to ii, oieept wboro ibo manasement waa In ibolr own bandt. A eoainry earlier, Si. Abbo of Fleary had claimed Ibe tame exemption for bit order— " Boee fama ex lit, qnod contra dlrlnaa homanaaqne legea abbaa Ignlio forro •o purgare Yolait" (Abbon. Floriae. Bplst. tUI.) Ito, bowoTor, allowa It for laymen. '* Nod negaraat tamen qnin ad dlvlna aliqnaado reenrrendam •it teetlmonia quando, prmeedente ordinarla aeeotatlone, omnino deannt hnmana teetimonla : noa qnod lex boo Inatitoerit diTina, fed qnod ozigat Ineredalitaa bumana." (Bpiat. S5S.) And again: '*Vel,ti id ibeere bob poterit, eandentii ferrl examiaatlono innoeentlam saam oomprobet. 8i beo oanm apnd me ita ▼entllarelar, ita eam rellom traotarl** (Bpiat. S49). And Ib BBoiher Inetanee be pronooneei ibe roeali of raob a trbil to bo a deeialoB beyond appeal. "Andlri enlm qood yir llle do qno agitar, do objeoto erimlao examiaaiione Igniil ferrl se pargaverli, et a Imtione Ignli illmtot repertaa elt. Qnod ei Ita e et . . . eontra dl? innm ieetimonlnm nollnm nlterlna InTOtilgaa- dam InUnigo eeae Jadieiam.** (Bpift. m.) The Immanity claimed by eccleeiaeiloi In Bngland alao la ebown by Beg- behri, Arcbbbhop of York, who directed that when they wero vnable to pre* enre compargatorp, their nniopporiod oath on the croaa waa rafllelenl, their panlphmeni, if gnlUy, being left to Ood. *'Pro Idclreo sanoimni enm oal crimen Imploglior, ni ponat anper capat ejni cmcem Domini, et teetetor per VlTeniem In aecttla, cnjns patibvlam est crvx, wese Immnnem eme a peecato bnjntmoili. Bt ■Ic omnia dimitlenda rant jndiclo Del."~Dialog. Bcgbert. Bbor. Int4»rrog. iii. (Thorpe, II. 88 ) * Da Cange, i. ▼. JvAitinm frohahiU, * Gemma Animm, Lib. t. cap. 181. At leant thii le tbe only reading wblob win make aenee of the paraege — **I!ornm oflleivm eat . . . vol nnptlaa vol arma, toI peraa, Tel baenloe Tel Jndlola ferre et aqnaa Tel eandelaa . . . benedioere," where "ferre et aquae** It cTlJenily cormpl for ** ferrl et aqnm." 23* 270 THE ORDEAL. "and iron.* As lato as 1215, the ferocious inquisitor Conrad of Marburg made frigktfui use of tlie liot irou iu eradicating ~ the Albigensian heresy ivhicli was spreading through Ger- many ; in that year he examined by its means no loss tiian eighty unfortunates in Strasburg alone, nearly all of ivhom were forthwith transfeiTod to the stake.' This discrepancy is easily explained. During the tenth and eleventh centuries, the chair of St. Peter was occupied too often by men whose more appropriate sphere of action was the brothel or the arena, and the influence of the Paiuicy was feeble in the extreme.* The Eternal City was civilly and morally a lazar-house, and the Popes had too much to do in maintaining themselves upon their tottering thrones to have leisure or inclination for combined and systematic efforts to extend their power. The Italian expeditions of the Saxon and Franconian Emperors gradually brought Italy out of the isolation into which it had fallen, and under Teutonic auspices the character of the Pontiffs improved as their circle of influence widened. At length such men as Gregory YII. and Alexander III. were able to claim supromacy over both temporal and spiritual affairs, and, after a long resistance on the part of the great body of ecclesiastics, the tiara triumphed over the mitre. During this period, the clergy found in the admuiistration of the ' Hoo AnUni uirnm ad omnia genera purgatlonlf, an ad beo duo ianium, qu0 hie probibita ewe ridentar, periineat, non immeriio dabltaiur propter Mcriftcinm lelotypio), el illud Gregoril. — Can. ConittluistI, oaiit. ii. Qiia»i. 6. * Tritbem. Cbron. Ilireaug. ann. 1216. ' In 063, a eoancil of biibops beld by Oiho I. to depose Jobo XII. pro- noDDoed tbat ibe Pope bad turned bii reaidenoe Into a brotbel — **Mnctttni palatium lupanar et proitlbalain feeine*'— and was in the babit of leading bif own eoldiers *'inoendia fecieeo, onra aooinotain, galea et lorlca Indatum oue." (Litttprandi Hlit. Otton. oap. x.) Otbo III. in 008, wben reitoring a portion of tbe alienated patrimony of St. Poter, allodef to tbe dimlnisbed Inlluenoe and authority of tbe Papal Bee. '* Itomam eapnt mundi prefltemur. Romanam Becleeiam matrem omnium Boolefiarnm eiae testamur ; fed Ineu- ria et Ineolentla Pontiftoum longe aum olaritatii titulos obfuacafM." (Qoldatt. Conitit. Imp. I. 226.) iNrLUKNOS or THK onuRon. STl onlonl a Bonrcc of power and profit which naturally rendered them unwilling to abandon it at ilic Papal mandate. There were fees to Ihs received for its honest/ bribes for its dis- honest, application ; chartered privileges existed in fiivor of chnrches and monasteries, by which tliey derived a certain revenue, and the holy relics in tlicir keeping were rendered a source of gain considerably greater than that which ac- crued merely from the devotion of the faithful." It afforded the means of awing the laity, by rendering the priest a spe- cial instrument of Divine Justice, into whose hands every man felt that he was at any moment liable to fall; and ' B7 tiio Mia of Ui« Synod of liUleboDiio, In 1080, « eonTlelloii by iho boi-lnm ord«ftl caUilod a flno for Ui« benefll of tbo Bitbop. (OrdoHo. Vital. IA\ T. eap. ▼.) By ibo lnwf of St. Ludiilaa, in Hungary ibe stipend of ibo ofleintlns prictt for tbo red-hot Iron wm doable tbat wbicb be receiycd for the water ordeal^*** Pretbyter de ferro dnaa penpaa et de aqua nnaoi penaam aeeiphit.'*-4lyBod. Zabolea, ana. 109S, ean. S7 (Battbyani, T. I. p. 439). Otldly enoogh, Iba Swedlib laws n|ade the snceeraAil party pay the fee of tbo oAelating prleit — a praetlee auflieiently degrading to the aaoerdotal ebarao- ler. ** 6i fnerit Inneeena Jodicatoa, peranlrat laboria soi pretlum aaeerdoti : ai Toro ealpabilia, ad aetorem lUina mereedia aolotio, Jaxta eocleaia toI pro- ▼inoiaB eonavetodinem pertinebit *'— Leg. Soaaiear. Lib. Tii. 0. 16 (Da Oange, a. ▼. PerrMm tandem), * Cbartera of thia naiare are alnoat too nomeroaa to require more than aa annrton. One or two cxamplea may, however, be qnoled. Thva Tblbaat the Qreat of Champagne, In 1148, granta to the ohnrob of St. Mary Magdalen of Chaleandon the exelaalTo pririlege of adraialaterlng the neeeaaary oatba on aneh oeeaaloni : " No alleai lloeret axfalbere aaneta ad aaeramenia Jaranda in Tllta Caairidnni prnter miniatria prcefataB eeelealm, oranibna dnellla Tel aaemmentli,** etc. (Do Cange, a. ▼. Atlramirt.) In 1182 we And the VIoomte di* Ilrarn making OTer to the Abbey of la Seanvc the revenne arlalng from the marble batin uaed for Ibe trial by boiling water at Gararret. (ReToe lliat. de Droit, I8ftl, p. 478.) Spelman giTeatbe following, by which Henry HI., In I2S7. granted to the monka of Semplingbam the right to bold the ordeal, among other JvrlMlietlona: *' Uabeant . . . enrlam aaam et Jnatl- Uam, enm aaka et poka et tbol et theam . . « et ordell et oreat,** ete. Perbapa Ibe moat remarkable axample la eontained In the Statntea of Ring Coleman of llangnry, collected In 1009, by which he prohlbita the admlnia* tratlon of the onleal In the am alter ehnreh^P. reiwtrving Ibe prir liege to the calhMral peata ami olh^r important eatabllahmenta.~l>ecret. Coloman. c. 11. (Uatlhyani, T. I. p. 454.) 272 THB ORDEAL. even worse uses were sometimes made of the irresponsible power thus intrusted to unworthy ministers. From the decretals of Alexander III. we learn authoritatively tlmt the extortion of money from innocent persons by its in- strnmentality was a notorious fact' — a testimony confirmed by Ekkehardus Junior, who, a century earlier, mokes the some accusation, and moreover inveighs bitterly against the priests who, to gratify the vilest instincts, were in the habit of exposing women to the ordeal of cold water, that they might strip them for the purpose." At length, when the Papal authority reached its culmi- nating point, a vigorous and sustained effort to abolish the whole system was made by the Popes who occupied the pontifical throne from 1159 to 1227. Nothing can be mora peremptory than the prohibition uttered by Alexander HI.' In 1181, Lucius III. pronounced null and void the acquittal of a priest charged with homicide, who had undergone the water-ordeal, and ordered him to prove his innocence with compurgators,* and the blow was followed up by his succes- sors. Under Innocent III., the Fourth Council of Lateran, in 1215, formally forbade the employment of any ecclesias- tical ceremonies in such trials ;* and lui the moral infiuenco of the ordeal depended entirely upon its religious associa- tions, a strict observance of this canon must speedily have swept the whole system into oblivion. Yet at this very time the inquisitor Conrad of Marburg was employing in ' Poft Oonoil. LaUran. P. ii. oap. 3, 11. * Uolopbernioot .... Pretbyieroi, qui animai bomlnnm earSiaime appre- eietai Tendanl; foemlnaf nudatas aquii immergl impudioii ooulUourlose per- ipifiiant, aui grand! m preiio ndlmere coganl. — Be Oaaibus 8. Galli, oap. xiv. ' Neo Ipflum exbib«re, neo allquomodo to volumoi postularo, tmo apoaiolioa aoiboriUU prohibemuf flnnissime. — Alex. III. Bplst. 74. * Can. Bx tnarumi Extra, D« purgatione oanonioa. * Neo . . . qnUquam purgationi aquas ferventia vel Arigldas, aen ferrl oan- dentia ritum eujualibet benediciionia aeu oonieorationla Impendat.— Ooneil. Latoran. ean. 18. In 1227, tbe Council of Trivoa repeated ibe probibiiion, bul only applied It to ibe red-bot iron ordeal. " Item, nullua aaeerdoa oan- dena ferrnm benedioat." — Concil. Trevirena ann. 1227, cap. ix. GRADUAL LIMITATION. 2)3 dcrmany ilio red-hot iron as n incnnR of condemning his iinfortunatc victims by wholesale, and tift chronicler relates that, whether innocent or guilty, few escaped the test.* The canon of Lateran, liowever, was actively followed np by the Vnim\ legates, and the effect was soon discernible. I'erhnps the earliest instance of secular legislation di- rected agahist the ordeal, except some charters granted to communes, is an edict of Philip Augustus in 1200, bestow- ing coriain privileges on the scholars of the University of Paris, by which he ordered that a citizen accused of^ assaulting a student shall not be allowed to defend himself cither by the duel or the water-ordeal.* In England, a\ rescript of Henry III., dated January 2t, 1219, directs tlip_ Judges then starting on their circuits to employ other modes i of proof— "seeing that the Judgment of Arc and water is forbid<len by the Church of Home."' A few charters and confirmations, dated some years subsequently, allude to the privilege of administering it ; but Matthew of Westminster, when enumerating, under date of 1250, the remarkable events of the half century, specifies its abrogation as one of the occurrences to be noted,* and we may conclude that thenceforth it was practically abandoned throughout the kingdom. This is confirmed by the fact that BractonjVriU^^ ing alH>nt the same time, refers only to the Wager-of battle *^ as a legal procedure, and, when alluding to other forms, s|)eaks of them as things of the past About the same time, ' Niiai in eWiUU Argenilneiiii hoe anno bob miBBt qvtm ooiog IbU BBoioro •owfrohoBti tant, qvof oiomortioi ttnUr Jvdlolo forri OBBdoBtli oiBoilniiro eoBirft prohlbiUonom obbobIi pablloo oontaoTlt ; ot Ib qaof fomiBi BdBnll, moz IfpiibBt trsdldlt. Und», pftveUtlmif ozoepili , ooiBOf qBl eoram oo wbioI MOirati fvlwoni, et per Jodlelom forrI enndonlii •znminail, rldebBBUr lllom plorof dsmniiTimo lanoeontot, dnm oBBdent formni a peeoBiia Ball«ni ropo- riroi BHoBvni. — Triihom. ChroB. HtrMog. bbb. 1216. * FonUnoB, IV. 04S. * BpeliBiB, OloM. fl. T. JWi/iWnm. * Prohlbitam tfi jBdielnn quod Bert oobsbotU p«r Igncm el por tqaaa.— Mai. WefinoB. aaa. 1S60. 274 TUB OllDBAL. Aloxnndor II. of Scotland forbade its ubo in cases of thcll.^ Nearly contemporary was the Neapolitan Code, promul- gated in 1231, by authority of the Emperor Frederic II., in which he not only prohibits the use of the ordeal in all coses, but ridicules, in a very curious passage, the folly of those who could place confidence in it.* We may conclude, however, that this was not effectual in eradicating it, for, fifty years later, Charles of Anjou found it necessary to repeat the injunction.' About the same time, Waldcmar II. of Denmark, Hakonsen of Iceland and Norway, and soon afterwards Birger Jarl of Sweden, followed the example.* In Frisia we learn that, in 1219, the inhabitants still refused to obey the papal mandates, and insisted on retaining the red-hot iron ;* though a century later the Laws of Upstal- lesboom show that ordeals of all kinds had fallen into desuetude.* In France, we find no formal abrogation i)ro- ' De e«iaro non AaI Jndioinm per aqatm t«1 ferrnm, ut eonaaetom Aiit aniiquU tomporibui.^8Utul. Alex. II. cap. 7^3. * Legei qnn a qaibatdam ■iiuplioibui lunl dioto parlbilea .... prnMnlia notiri nominia aanoiionU edioio in porpoluuu inhibttiilMi omnibua regnl I BOiiri Judlclbna, al nullua ipaaa legM piiribiUa, quo abaooniNO a veriUlo d«bor«nl poUua nunoapari, aliqulbua Odelibua noitria Indiooi. .... Eurtiin •tlnim aenanm non tarn oorrigendnm duzimni qnam rtd«ndnm, qal naiuraUm oandentia ferri oalor«m topeaoera, imo (quod aai atullina) frigeaeare, nnUa Joaia eaaaa anpervenisnta, eonOdani; aai qui ream eriminia oonalituian, ob oonaoianiiam Iniain tanium aaaarnnt ab aqnas frigidas elomanto non raoipl, qnom anbmergi poUua aaria oompatenlia retanlio non parmiUii. — Conaiit. Blonlar. Lib. ii. Til. 81. Thia laat olauaa would aeam to allnda to aoma artlfloa of tba oparatora by whiob tha aoouaed waa praranted from ainking in iha oold-watar ordeal, wben a oonrielion waa deairad. Thia eouimon aenaa riew of the miraolea ao generally belieTed la the more remarkable aa eoming from Frederia, who, a few yeara prerioaaly, waa fero- eioualy Tindioatlng with fire and award the aaneliiy of the Holy Saamleaa Goal againat the aaperaiona of unbelieving haretloa. Bee hia OonatilutioDa of 1221 in Goldaatua, Conat. Imp. I. 203-4. * Statut. MSS. Oaroli I. eap. xzii. (Du Oange, a. t. Ltx Pan6.) * KSnigawarier, op. oil. p. 170. * Bmo, the aontemporary Abbot of Wlttewernm, Inataneaa thia diaobe- dianoe aa one of the cnuaea of the terrible inundation of 121 tf. Bmon. Chron. ann. 1219 (Mailhoi Analeot. III. 72). * iKBued in 1323. FRAN OS — GERMANY. 2)5 miilgAiccI; but the contempt into which tho system hnd fallen is abundantly proved by the fact that in the ordi- nances and books of practice issued during tho latter half of the centuf}*, such as the MahlissemerUs of St. Louis, the Conseil of Pierre dc Fontaines, the Coutumes du Beauvoisis of Deaumanoir, and the Livres de Jositce et de Plei^ its existence is not recognized even by a prohibitory allusion, the Judicial duel thenceforward monopolizing the province of irregular evidence. Indeed, a Latin version of the Coutumier of Nonnand}^ dating about the middle of the thirteenth century, or a little earlier, siieaks of it as a mode of proof formerly employed in cases where one of the parties was a woman who could find no champion to undergo the wager of battle, adding that it had been for- bidden by the church, and that such cases were then detonnincd by inquests.* tiermany was more tardy in yielding to the mandates of the church. The Teutonic knights who wielded their proselyting swords in the Marches of Prussia introduced the ordeal among other Christian observances, and in 1225 Ilonorius IIL, at the prayer of the Livonian converts, promulgated a decree by which he strictly interdicted its use for the future.^ Even in 1279 we find the Council of Buda, and in 1298 that of Wurtzburg, obliged to repeat the prohibition uttered by that of Lateran." The independ- ent spirit of tho Empire, however, still refused obedience to the commands of the Church, and even in the four- ' Ollm aiaUtr«t orlmlnftUbw ea«fte loMeiii*, turn bob 1i«b«r«Bt q«l ••• der«Bd«r«nt, m pvrgabftat p«r aqvam Bi qvovUm hi^annodl ab •««lMilA enlholiea laBl abtelwa, lnq«isieioB« loeoium •orvm AvqatnUr vUmar et In maUrl«.-^Cod. Leg. Hornan. P. ii. e. x. ff t, 8. (Lodewig, R«liq. Mpctonim. VII. 201) II to a IIUI« •ingnUr thai ih« tana phra«e it ralaioad In the aathenlic eopj of the Coatamier, In foreo anlil tho olooe of ibo •ixlecnib eenlaij. — Abo. Coai. do Nonnaadie, o. 77 (Doardol do Hieho- boarg. IV. 83). * Can. Dilooii, Rztra, Do Porgailono Vnlgarl * Datlbjoal, Lrgg. Bcolof. Hang. T. ii. p. 43C.— llarUheiiB, IV. 27. 276 THE OBDBAL. teenth century the ancestral customs were preserved iu AiU vigor as regular modes of procedure in a manual of legal practice still extant. An accusation of homicide could be • disproved only by the judicial combat, while in other felo- nies a man of bad repute had no other means of escaiic tlian by undergoing the ordeal of hot water or iron.* In Aragon, Don Jayme I.^ in 1247, prohibited it in the laws of Iluesca,* and in 1248 in his revision of the consti- tution of Majorca." In Castile and Leon, the Coiuicil of Palencia in 1322 was obliged to threaten with excommuui- cation all concerned in administering the ordeal of fire or of water,* which proves how little had been accomplished by the enlightened code of the '^ Partidas," issued about 1260 by Alfonso the Wise. In this the burden of proof is expressly thrown upon the complainant, and no negative proofb are demanded of the defendant, who is siiecially exempted from the necessity of producing them;* and although, in obedience to the chivalrous spirit of the age, (he battle ordeal is not abolished, yet it is so limited as to bo practically a dead letter, while no other form of negative proof is even alluded to. . Although the ordeal was thus removed from the admitted Jurisprudence of Europe, the principles of faith which had given it vitality were too deeply implanted in the popular ' Baud teotti pnrgare te possii impniatoram oriminnm ergo qoam, ui gnpra dloiam, ferro oandente iaoto. — RiohtBtich Landreobi, cap. lii. The taiue proTiaioDi ar« to be found in a Fronob version of ibe Spoculum Bnevionni, probably made towards Ibe close of tbe fonrteenib century for ibe use of Ibe western provinces of ibe Empire. — Miroir de Sonabe, P. i. o. xlviii. (]£d. Ilaiile, Neufcbatel, 1843). * Pu Oange, s. t. Ftrum eauden*. * Pro aliquo orimine vel delicto, vel demanda, non faoietis nobisoum vel eum bajulo aui curia eivitatis, neo Inter tos ipsos, batalam per ferrnm call- dum, per bominem neo per aquam, vel aliam uUam rem. (Du Cange, s. v. Jkttalia,) * Du Oange, a. v. Fem&m eaud^fu, * Non es ienuda la |Mirto de probar lo que ulega porquo non lo podrie laeer.--Lus Sicte Partidas, V. iii Tit. xiv. 1. 1. PSR8I8TSN0S OF POPULAR BELIEF. 277 mind to bo at onco eradicated^ and accordinglyf as we have seen above, instances of its employment continued occap sionally for several centuries to disgrace the tribunals. The ordeal of battle, indeed, as may be seen ia the preceding essay, was not legally abrogated until long afterward; and the longevity of the popular belief, upon which the wliole system was founded, may be gathered from a remark of Sir William Staundford, a learned judge and respectable Icp^al autliorit}', who, in 1557, expresses the same confldent exi)ectation of Divine interference which had animated Ilino- niar or Poppo. After stating that in an accusation of fclonj^ unsupported by evidence, the defendant had a right to wnger liis battle, he proceeds : ^* Because in that the npiicllant demands judgment of death against the appellee, it is more reasonable that he should hazard his life with the defendant for the trial of it, than to put it on the country .... and to leave it to God, to whom all things are ojwn, to give the verdict in such case, scilicet^ by attributing the victory or vanquishment to the one party or the other, as it pleascth llim."^ The papal authoritj^, however, was not the only element at work to abolish this su|)er8tition. The revival of the Roman law in the twelflh and thirteenth centuries did much to influence the secular tribunals against all ordeals, as has l)een seen in the case of the wager of battle. So, also, a powerful assistant must be recognized in the rise of the communes, whose sturdy common sense not infre- quently rejected its absurdity. Accordingly, we find that it is rarely comprehended in their charters, as it is in those granted to abbeys and monasteries, while occasion- ally a sjiecial exemption is alhideil to as a privilege.* The ' PleM del Corone, ehap. zt. (qaoted In 1 Ditniewall k Ald«r»oii, 4S8). * An limtMiee of ihb oc«art m earlj m 1132. in n cbmrter granted by King Roger of Naplea to the InbnbiUnU of Bnri : ** Ferrnm, OMarnm, pognav. 24 . 278 TUB ORDEAL. influence of the commercial and municipal spirit, fosterecl by the establishment of chartered towns, in dissipating the mists of error and prejudice, is farther shown by tlie. fact that the early codes of commercial .law* make no reference whatever to the proof by ordeal, though some of those codes were drafted at a period when it was a recognized portion of ordinary jurisprudence. The Rdles d'Oldron, the laws of Wisby, and the Oonsulat de la Mcr endeavor to regulate all questions by the reasonable ntles of evidence, and offer no indication that the judgment of Qod was resorted to when human means were at fault Indeed, King Amaury, who ascended the throne of Cyprus in 1194, specifically declares, in a law embodied in the Assises de Jerusalem, that maritime causes are under the jurisdiction of a special court, instead of the ordinary civic tribunal, in order to avoid the battle ordeal permitted by the latter;* from which we may safely assume that the other forms of ordeal were equally ignored by the maritime law dispensers. The same spirit is shown in a treaty of 1228 between Riga, a member of the Ilanseatic League, and Mstislaf Davidovitch, Prince of Smoleusko, which among aqQAin, Tobii non Jndio*bil.T«l Jaclioari faoi«l.*' (Muratorii AnUq. Ital. ]>iM«ri. 88.) Bo alio in ih« Charier of Qeertsbergh, eonflrm«d by Baldwin of ConitanU- noplo, Bar! of Flanders, In 1200. — '* Item nemo cogatnr inire duellum, Yel inbire Jadiciom ignis ei nqnic," (Mir»i Diplom. Belgio. e. Ixvii.)— while, at the same lime, no donbt those who desired the ordeal were not debarred from it, Of is shown by the interpolotion in another MS. of the words " nisi spontanons" (Le Glay, Rerae de MiriDOs, p. 32). It is a Hltle singular, however, to find in the Franc de Bruges in 1190 the whole syttem of or- deals in full and oommon use. Kvery Satorday, a certain time was set apart for the courts to take cognisance of them — **Bt t«nipus duellorum et banni- tornm a scablnis Ibi statutum obserYabunt, ita nt de bannitis prime, poetea de duellis traotandnm et de judieiis aqusB et ferri.*' — Kenre de Bruges, ^ 01. (Warnkunig. Hist, de lo Fland. IV. 377.) * For oe que en la oort de la mer na point de batalile por preuYe ne per demando do oeluy veage, ot en I ai|tre cort dos borgels deit areir espreuves par bataille.— Baisse Court, cap. 43. P£RPETUATION OF BUPKRBTITION. S79 its provisions especially exempted the QermanR in tbe terri- tory of the latter from all liabilit}' to the ordeal of hot iron Aiid ofbattle.* Although wo may hail the disappearance of the ordeal as marking an era in human progress, yet should we err in deeming it either the effect or the cause of a change in the constitution of the human mind. The mysterious attrac- tion of the unknown and undefined, the striving for the unattainable, the yearning to connect our mortal nature with some sui)ernal power — all these mixed motives assisted in maintaining superstitions similar to those which we have thus passed in review. The mere external manifestations were swept away, but the potent agencies which vivifled them remained, not |)crhnps less active liecause they worked more secretly. Thus generation after generation of follies, strangely aflllintcd, waits on the successive descendants of nmn, and per])etuatcs in another shape the superstition which we had thought eradicated. In its most vulgar and abhorrent form, we recognize it in the fearful epidemic of sorcery and witchcraft which afllictcd the sixteenth and sev- enteenth centuries ; sublimed to the verge of heaven, we see it reap])ear in the seraphic theories of Quietism ; descend- ing again towards earth, it assumes the mad vagaries of the Convulsionnaires. In a different guise, it leads the refined scepticism of the eighteenth century to a belief in the sn|iernatural powers of tlie divining-rod, which could not only tmcc out hidden springs and dccp-buricd mines, but could also discover crime, and follow the malefactor through all the doublings of his cunning flight.* Each age has its ■ Trtil^ d« 122S. mrl. S. (EraMaz, niiiotre d« RiimIo II. 272.) * Wh«ii, in 1tt02, JMM|ueii Ajmmr aliriMUd pablie aii«nlloB toUi« minielea of lb* dirlning.rod, h« wm eallad to hjona to Mtbi ib« polle* In difeoYer- Ing lh« perpelnitorfl of a mjiteriont marder, which had eonpletoly baflled ih« ngoiiU of Joilie«. Aided by hit ta^, h« tneed the erlmiiiiilt, by Uad and water, from Ljonf to Beaueaire, whero bo foond in priion a man whom 2S0 TUR OUDKAT.. own sins to answer for, its own puerilities to 1)0wail — Imp- piest that which best succeeds in hiding tlicm, for it can scarce do more. Here, in our boasted nineteenth centur}', when the triumph of human intelligence over the forces of nature, stimulating the progress of material prosperity with the press, the steam-engine, and the telegraph, has deluded QS into sacrificing our psychical to our intellectual being — even here the duality of our nature reasserts itself, and in the obscene blasphemy of Mormonism and in the fantastic mysteries of pseudo-spiritualism we see a protest against the despotism of mqre reason. If we wonder at these per- versions of our noblest attributes, we must remember that the intensity of the reaction measures the original strain, and in the dismal insanities of the day we thus may learn how utterly we have forgotten the Divine warning, "Man shall not live by bread alone I" Which age shall cast the first stone f When Cicero wondered how two soothsayers could look at each other without laughing, he showed that the grosser forms of Bui)erstition were not universally shared. Such, wo may bo assured, has been the case at every period ; and, in our own day, can we, who proudly proclaim our disbelief in the follies which exist around us, individually assert that we have not contributed, each in his own infinitesimal degree, to the causes which have produced them f he deolared to be a partielpani, end who floAlly confened the erime. Aymar wae »i length proved to be merely a clerer oharlatan ; but the mnnia to whioh he gave rUe lasted through the eighteenth oontury, and nearly at ita oloM bia wonden were rWalled by a brother sharper, Campetti. IV. TORTURE. Tnv preceding essays have traced the development of sacramental purgation and of the ordeal as resources de- vised by hnman ingenuity when called upon to decide ques- tions too intricate for the impatient intellect of a rude and scnii-barlmrous age. There was another mode, however, of attaining tlic same object, wliicli has received the sanction of the wisest law-givers during the greater part of the world's history, and our survey of tlie field of irregular testimony would be incomplete without glancing at the snbject of the judicial use of torture. In the early stages of society, when force reigns supreme and law is but an instrument for its convenient and efiective exercise, tlie judge or the pleader would naturally seek to extort from the reluctant witness a statement of what he niiglit dcHire to conceal, or from the presumed criminal a confession of liis guilt. To accomplish this, the readiest means would seem to be the infliction of pain, to escape from which the witness would sacrifice his friends, and the accused would submit to the ixsnalty of his crime. The moans of administering graduated and eflcctual torment wouM thus 1)e sought for, and the rules for its application would in time be develo])ed into a regular system, forming part of the recognized principles of jurisprudence. The only subject of surprise, indeed, is that torture was not more generally authorized in primitive times. To the parent stock of the Aryan family of races it would appear 24* 282 TORTURE. to have been unknown: at least, it has left no recorded trace in the elaborate provisions of the Hindu law oil it has existed for three thousand years.* Among the Semitic nations, too, the jurisprudence of Moses is free from any indication that such expedients were regarded as legitimate among the Hebrews. The connection between the latter and the Egyptians would appear to warrant the conclusion that torture was equally unknown to the antique civilization of the Pharaohs, and this is confirmed by the dcscri[)tion which Diodorus Siculus gives of the solemn and mysterious tribunals, where written pleadings alone were allowed, lest the Judges should be swayed by the eloquence of the human voice, and where the verdict was announced, in tlie unbroken silence, by the presiding judge touching the successfhi suitor with an image of the Goddess of Truth.* In Greece, we find the use of torture thoroughly under- stood and permanently established. The ollgardiical and aristocratic tendencies, however, which were so strongly developed in the Hellenic commonwealths, imposed upon * In Book Tin. of Ibo IniiiinUi of Mmio ibero are vory minute dirooilont M to cridenoo. The teitiinony preforred U that of witnesaoi, wboM eom- parative credibility it very earefally diseuiaed, and wben tbat is not pro- curable, tbe portiei are ordered to be iworn or to be lubmitted to the ordeal. These principles hare been transmiUed unchanged to the present day. See the Ayeen Akbery, Tit. Beybar, Vol. II. p. 404, and Ualhed*s Code of Qentoo Laws, obap. xviii. * Diod. Sicnl. i. Ixzr— Sir Gardiner Wilkinson (Ancient Egyptians, Vol. II.) figures several of these little ininges. That torture was a customary legal procedure in Egypt has been assumed by some writers from a pessnge in iBlian to tbe effect that Egyptians were eo^» monly regarded as capable of dying under torture in preforenoe to rcTealing the truth — "ASgyptios aiunt patlentisslme ferre tormenta: et citius mort hominem JBgyptiam in qumstionibus tortum examlnatumque quam veritatem prodere." (Var. Hist. vii. STiil.) This can hardly, bowoTer, be considered to proYo anything. In the time of JBlian, the Egyptians bad been for five centuries under Greek or Roman rule, and had probably acquired ample experience of torture. There were doubtless, also, numerous Egyptian slaves scattered throughout the Empire, where they must have bad suflloient oppor- tunity to earn their reputation for endurance. IN ORBKOK. 283 it n limitntion chnractcriBtic of the pride and self-respect of the ^ovorniiig order. As n general rule, no freeman could lie tortured. Even freedmen enjoyed an exemption, and it ' was reserved for tlie unfortunate class of slaves, and for strangers who fonncd no part of the body politic Tet there were exceptions, as among the Hhodians, whoso laws authorized the torture of free citizens ; and in other states it was occasionally resorted to, in tlie case of flagrant po- litical offences; while tlie people, ac*ting in their supreme nud irresponsible authorit}^ could at any time decree its n pplicat ion to any one irrespective of privilege. Thus, when Ilipparchus was assassinated by Ilarmodius, Aristogiton was tortured to obtain a revelation of tlie plot, and several similar proceedings are related by Valerius Moximus as occurring among the Hellenic nations.* The inhuman tor- ments inflicted on Philotas, son of Parmenio, when accused of conspiracy against Alexander, show how little real pro- tection existed when the siifety of a despot was in question : and illustrations of torture decreed hy the people are to be seen in tlie proceedings relative to the mutilation of the statues of Uermes, and in the proposition, on the trial of riiocion, to put him, the most eminent citizen of Athens, to the rack. In a population consisting largely of slaves, mostly of the same race as their masters, often men of education and intelligence and employed in positions of confldence, legal pro(*(*cilings must frccpicutly have turned uiion tlicir evi- dence, in lK)th civil and criminal cases. Their evidence, however, was inadmissible, except when given under torture, niid then, by a singular confusion of logic, it was estimated ns tlio moHt convincing kind of testimony. Consequently, the torturing of slaves forme<l an imiK)rtant portion of the adniiniKlrntion of Athenian justice. Kither party to a suit might ofler his slaves to the torturer or demand those of * Lib. III. wp. iU. 284 TORTURE. his opponeht, and a refusal to produce them waa regarded as scrionsly compromising. When both parties tendered tbeir slaves, the Judge decided which should be received. Even without bringing a suit into court, disputants could have their slaves tortured for evidence with which to effect an amicable settlement In formal litigation, the defeated suitor paid whatever damages his adversary's slaves might have undergone at the hands of the professional torturer, who, as an expert in such matters, was empowered to assess the amount of depreciation they had sustained. It affords a curious com- mentary on the high estimation in which such testimony was held to observe that, when a man's slaves had testified against him on the rack, they were not protected from his subsequent vengeance, which might bo exercised upon them without restriction. As the laws of Greece passed away, leaving compara- tively few traces on tlic institnijons of other races, it will suffice to add that tlie principal modes in wliieh torture was sanctioned by tliem wei*o tlie wheel (f po;kos), Uie hulder or rack (sxi>ai), the comb with sharp teeth (xvo>os), the low vault (svfuy) in which the unfortunate witness was thrust and bent double, tlie burning tiles (nxif^ot), the heavy hog- skin whip (yatpixis)j oiid the injection of vinegar into tlie nostrils.* In the earlier days of Rome, the general principles gov- erning the administration of torture were the same as in Oreece. Under the Republic, the free citizen was not liable ' Arittopbftnea {Rana, 017) reotpllulaUa moti of the prooesMS lo vogu«. Aiackos, ba) r«< i0«r«y/{V> JCafUkias* wArr* t^mw, h nxtftrntu /vr^Ci «,i^ir«(, Cg-T^x^* /UATTiyAr, ^^i rT^ii9A«», In /'lie idt fit At «fef vyx^» wxif9w€ iriTidii/cy wdrttL <r2xA«. The beat aammarj I hare met with of the Atbenien lawa of torture la io Baehbiiob'a **IntrodneUon ft TKlude da Droit," f 208. IN ROME. 285 to it, find tlio cvi<lcneo of slavcB was not received witliont ^' it. With tlio progrcsB of (leRpotiflm, however, the flftfo- irimnls wliicli sitrrotinded tlie freeman were broken down, and autocratic Emperors had little scruple in sending their subjects to the rack. Kvcu as early as tlie second Triumvirate, a prictor named Q. Oallius, in saluting Octavius, chanced to have a double tablet under his toga. To the timid imagination of the future Em|x;ror, the angles of tlie tablet, outlined under the garment, presented the semblance of a sword, and he fancied Qallius to be the instrument of a conspiracy against his life. Dissembling his fears for the moment, he soon caused the unlucky prcctor to be seized while presiding at his own tribunal, and after torturing him like a slave with- out extracting a confession, put him to death.* The incident was ominous of the future, when all the ]K)wers of the state were concentrated in the august person of the Em^xsror. lie was the representative and embodi- . mcnt of the limitless sovereignty of the people, whose irresponsible authority was transferred to him. The rules and formularies, however, which Imd regulated the exer- cise of power, so long as it l)elonged to tlie people, were f4H*blc barriers to the passions and fears of Co^sarism. Accordingly, a principle soon became engrafted in Roman jurisprudence thiCt, in all cases of '* crimen mi^cstatis,'' or high treason, the free citizen could be tortured. In striking at the ruler, he had forfeited all rights, and the ^ snfctj' of the state, as embodied in the Emperor, was to be ]>n»servcd at every sacrifice. The Enii>crors were not long in discovering and exercising their |M)wcr. When the plot of Sejanus was discovered, the historian relates that Tiberius abandoned himself so entirely to the task of examining by torture the suspected ' Sarrllem In modam ean tonil; m faUBUoi nibllp JoaliooeidL^Saeloa. Aagvit nil. 286 TORTuas. accomplices of the conspiracy, that when an old Rhodiaiu friend, who had come to visit him on a special invitation, was announced to him, the preoccupied tyrant absently ordered him to be placed on the rack, and on discovering the blunder had him quietly put to death, to silence all complaints. The shuddering inhabitants pointed out a spot at Capri where he indulged in these terrible pursuits, and where the miserable victims of his wrath were cast into the sea before his eyes, after having exhausted his ingenuity in exquisite torments.* When the master of the world took this fearful delight in human agony, it may readily be imagined that law and custom offered little protection to the defenceless subject, and Tiberius was not the only one who rclishcil these inhuman pleasures. The half-insane Caligula found that the torture of criminals by the side of his dinner-table lent a keener zest to his revels, and evcu the timid and beastly Claudius made it a xjoint to be present on ^uch occasions.* Under the stimulus of such hideous api>ctites, capricious and Irresponsible cruelty was able to give a wide extension to the law of treason. If victims were wanted to gratify the whims of the monarch or the hate of his creatures, it was easy to find an offender or to make a crime. Under Tiberius, a citizen removed the head from a statue of Au- gustus, intending to replace it with another. luterrogatcil before the Senate, he prevaricated, and was promptly put to the torture. Encouraged by this, the most fanciful iu- ter|)retation was given to violations of the rcs|)ect assumed to be due to the late Emperor. To undress one's self or to ' Keqne tormentif neque lupplioio eaiquam peperoii : toU halo eognliioni adM per totot diM deditaf •! inieniui, nl KhodieoMin hospiUm quem fimii- liaribai Utterit Romam •roearat, adrenlflM sibl nantiatam, torqaeri aina mora Junerlt, quaai aliquU ax neoeMariii quaisttoni adaasai: dalnda, arrora dataoto, al ooaidi, na dirulgaret injuriam. CarnifloinsB ajui ostendiiur locai Capraii, unda damnatoi, poit longa at axqaisila tormanta, priDcipitara ooram 9B in mara Jababal -^Baaton. Tlbarlaa, o. Izii. ■ Ibid. Oalig. xzxii.— Claud, xxxiv. IN ROMS. 287 beat n slave near his image ; to carry into a cabinet d^aisance or a house of ill fame a coin or a ring impressed with his sacred features; to criticize any act or word of his became a treasonable offence ; and finally an unlucky wight was actually put to death for allowing the slaves on his farm to pa^' him honors on the anniversary which had lieon sacred to Augustus.* So, when it suited the waning strength of paganism to wreak its vengeance for anticipated defeat upon the rising, energy of Christianity, it was easy to include the new reli- gion in the convenient charge of treason, and to expose its i votaries to all tlie horrors of ingenious cruelty. If Nero desired to divert from himself the odium of the conflagra- tion of Rome, he could turn upon the Christians, and by wHl directed tortures obtain confessions involving the whole sect, thus giving to tlie populace the diversion of a l>ersecution on a scale until then unknown, besides provid- ing for hinisolf the new sensation of the human torches whose frightful agonies illuminated his unearthly orgies.* Diocletian even formally promulgated in an edict the rule that all professors of the hated religion should be deprived ' of the privileges of birth and station, and be subject to the application of torture.* The iudiscriminate cruelty to which ' ' 8Uta0 qaldmn AoKntU eapai deniMral vt •lUrlot Imponeroi. AoU r«t In Senato. Kl qola umbigebaturf per tormenU qniesiia Mt Damnato rao, ranHaUm hoo genni ealomnim ao |>rocet9U, «l hipa qnoqaa eapiUlla auanl : circa AngtiHi pimnliicrtini fcrrnm cecldliwa, renilmenia matanc: Bnmmo Tcl annnio cfllglem Imprefvain, lairlnn vel lapanari iniallnc ; dlciam nUam farlainrc pJm cxipilmalione aUqna IfDviine. Periii denlqua et if qni bonorat In cMonla raa aoilcm die deeerni tibi panui esl qoo daeraU al Aagatto ollai rrant— Snclon. Tiber. ItIH. * Taeii. Annal. XT. xllr. Rrgo abolando mmorl Kara enbdldli reoa, tt qn«fl(lninilii pcrnlt adfecii qoos per flagiila InTlsof, Tntgns CbrlsUanoa appel- labal Igiiar, prlmo eonrepU qoi fatebanUar, deinda Indicia aorvm, mvllilndo tngvni, band perlnde In cHmine Ineendii, qnam odio bamaal genarbi eoBTieii innt. ' roeiridle propotiinm cut adicinm qno carebainr vt rellglonli illini bominaf earcrent onnl bonore ae dignltata, tormenib snbjaoll awent ax 288 TORTUBK. tbo Ohristions woro thus oxposod without dcfeuco, at tlio hands of those inflamed against them by all evil passions, may, perhaps, have been exaggerated by the ceclesiastical historians, but that frightful "excesses were pcrix^trated under sanction of law cannot be doubted by any one who has traced, even in comparatively recent times and among Christian nations, the progress of political and religious persecution.* The torture of freemen accused of crimes against the State or the sacred person of the emperor thus became an admitted principle of Roman law. In his account of the conspiracy of Piso, under Nero, Tacitus alludes to it as a matter of course, and in describing the unexampled endu- rance of Epicharis, a freedwoman, who underwent the most fearful torments without compromising those who jiossesscd little claim upon her forbearance, the annalist indignantly compares her fortitude with the cowardice of noble Romans, who betrayed their nearest relatives and dearest friends at the mere sight of the torture chamber.* Under these limits, the freeman's privilege of exemption iWas care Ailly guarded, at least in theory. A slave while ^/ 1 / claiming freedom, or a man claimed as a slave, could not 1)C t exposed to torture ;* and even if a slave, when about to be qnoenmqoe ordlne ant grado Tenirent, adTenua eoi omnia aotio ealerat, tte. — Laetani. de Moriib. Penaeoi. cap. ziil. ' Tormenioram genera ioaodiia ezoogitabaninr. (Ibid. cap. xt.) — ^When the Chrifiiana were aoenaed of an attempt io bom the imperial palaee, Dio- cletian '* irm inHammatoB, excamifioari omnci luoa protinoi prmcipit. 8cde- bat ipse atque inoooeotea igne torrebat." (Ibid. cap. xiv.)— LaotaoUos, or whoever was the real author of the tract, addressea the priest Donatns to whom itia inacribed: **Noviesetiam tormentiaornoiatiboaqnevariliBobjectaj, noviei adversariom glorioaa confessione TioiBti Nihil adTcrsna te Tcrbera, nihU angulsD, nihil ignis, nihil ferrom, nihU Taria tormontorum genera Talnerant." (Ibid. cap. xtI.) Ample details may be foond ia Entebitts, Hist. Bcoles. Lib. v. o. 1, vi. 39, 41, viii. passim. Lib. Martjram; and in Cyprian, Epist. x. (Bd. Oxon. 1082). * Tacit. Annal. xw, \jl, WU. ' In causis quoqne liberalibus, non oportet per coram tormenta, de quorum statu qumritur, Tcritatem requiri.— L. 10 f 6 Dig. xltiii. xvUi. IN noME. 289 tortnrcd, endeavored to escape by asserting his freedom, it was necessary to prove liis servile condition before pro- ceciling witli the legal torments.* In practide, however, these privileges were continually infringed, and^ numerous \ edicts of the emperors were directed to repressing the/ abuses which constantly occurred. Thus we find Diocle-i tian forbidding the application of torture to soldiers or their children under accusation, unless they had be(^n dis- missed the service ignominiously.* The same emperor pub- lished anew a rescript of Marcus Aurelius declaring the exemption of patricians and of the higher imperial oflScers, with their legitimate descendants to the fourth generation;* and also a dictum of XJIpian asserting the same privilege in favor of decurions, or local town councillors, and their children.^ In 8)G, Yaleutinian was obliged to renew the declaration that decurions were only liable in cases of majestaiis^ and, in 399, Arcadius and Honorius found it necessary to explicitly declare that the privilege was per- sonal and not official, and that it remained to them after laying down the decurionatc.* Theodosius the Great, in 885, esi>ccially directed that priests should not be subjected to torture In giving testimony,* the significance of which is shown by the fact that no slave could be admitted into holy orders. The necessity of this constant renewal of the law is indi- catcfl by a rescript of Yaleutinian, in 369, which shows that , freemen were not infrequently tortured in contravention of law; but that torture could legally be indiscriminately , inflicted by any tribunal in cases of treason, and that in { ■ h, IS Big. XLTJii. xvlil. (UlpUn.) * Conii. 8 Cod. IX. x\\. (DIoolet ei Maxim.) * Conai. 11 Cod. iz. xll. * IbM. H* * CoMl. 16 Cod. IX. xH. * Prw^Url eilm IbJaHmb qnstlioBU Uttimonisn dieuil.— Const. 8 Cod. 1.8. 85 290 TOETUEB. Other accusations it could be authorized by the order of the emperor.^ This power was early assumed and frequently exercised. Thus Domitian tortured a man of prsetorian rank on a doubtful charge of hitrigue with a vestal virgin,* and various laws wore promulgated by several cmjicrors directing the employment of torture irrespective of ninlv, iu some classes of accusations. Thus, in 2 1 ) , Caracalla autlior- ized K in cases of 9uspected poisoning by women.' Con- stantino decreed that unnatural lusts should be punislicd by the severest torments, without regard to the station of the offender.* Ooiistantius persecuted in like manner soothsayers, sorcerers, magicians, diviners, and augurs, who were to be tortured for confession, and then to be put to death with every refinement of suffering.* So, Justinian, under certain circumstances, ordered toiture to be used ou parties accused of adultery.* The power tlius assumed by ^'1 the monarch could evidently only be limited by his discre- tion in its exercise. One important safeguard, however, existed, which, if properly maintained, must liave greatly lessened the fre- quency of torture as applied to freemen, in bringing au accusation, the accuser was obliged to inserilMs himself formally, and was exposed to the lex talioma in case he failed to prove the Justice of the charge.' A rescript of Oonstantine, m 314, decrees that in cases of majeslalis^ as the accused was liable to the severity of tortui*e without limitation of rank, so the accuser and his informers were to be tortured when they were unable to make good their ' ' Conit. 4 Cod. IX. Tiii. * Sutton. Domit cap. Till. To Domitian tho historian alio OMribet tht inyention of a ntw and infam.ouily indtoent kind of tortore (Ibid. eap. x.). ' Ipsa quoqoe malier torquebitur. Nequt enim ssgre feret si torqutatar, qnsB tenenis suis viscera hominis cxtinzit. — Const. 8 God. ix. zll. * Const. 81. Ood. ix. ix. * Const. 7 Cod. ix. viii. * NoYell. oxYii. cap. zt. \ 1. * Const. 17 Cod. ix. ii.— Const. 10 Cud. ix. zlvi. IN HOME. 291 ficciiRntion.* This enlightened legislation wns preserved by Justin inn, and must have greatly cooled the ardor of the ivick of calumniators and informers, who, from the days of Sylln, had been encouraged and petted until they held in tlictr hands tlie life of almost every citizen. All these laws relate to the extortion of confessions from the accused. In turning to the treatment of witnesses, wo find tliat even with tlicm torture was not confined to the servile condition. With slaves, it was not simply a conse- quence of slavery, but a mode of confirming and rendering admissible the testimony of those whose character was not suflicicntly known to give their evidence credibility without it Thus a legist under Constantine states that gladiators and others of similar occupation cannot be allowed to bear witness witliout torture ;* and, in the same spirit, a novel of Justinian, in 639, directs that the rod shall be used to extract the truth from unknown persons who are suspected of bearing false witness or of being suborned.* It may, therefore, readily be imagined that when the evi- dence of slaves was required, it was necessarUy accompa- nied by the application of torture. Indeed, Augustus declared that while it is not to be expressly desired in trifling matters, in weighty and capital cases the torture of slaves is the most efficacious mode of ascertaining the trutli.^ When we consider the position occupied by slavery In the lloman world, tlie immense proportion of bondmen who carried on all manner of mechanical and industrial * Contl. S Cod. IX. tiU. * Si •» r«i eondilio tit at burenArism l«»Uiii Tel ttmntiii pertonaai ad- iiiiU«r« cofimsr, tint UrmcnUt tMiimonlo cjoi oredradan bob Mi.-»L. SI, fSIH^. xxu. ?. ' NoTeU. xc. eap. I. 4 !• * QiiiMitionet Beqnt Penper In omnl oaoiib ft penona detldeimrl deb«r« arbllror : •! •am eapUaUa at atreelora moleflola bmi atiUr explorarl el !«▼•#• Ilfcari poaranl, qnam per •errornm qvaMtionet, efleaelaiinae ette ad reqvi. rendam ?eritateai txisiimo el babendaa oeBieo.—L. 8 Dig. xltiii. xriU. (PaalBf). 292 TOETUEB. oocnpationB for the benefit of their owners, and who, as seribes, teachers, stewards, and iu other confidential posi- tions, were privy to almost every transaction of their I . masters, we can readily see that scarce any suit could bo decided without involving the testimony of slaves, and thus j requiring the application of torture. It was not even, as among most modem nations, restricted to criminal cases. Some doubt, indeed, seems at one time to have existed as to its propriety in civil actions, but Antoninus Pius de- cided the question authoritatively in the affirmative, and this became a settled principle of Roman jurisprudence, even when the slaves belonged to masters who were not party to the case at issue.* There was but one limitation to the universal liability of slaves. They could not be tortured to extract testimony agidnst their masters, whether in civil or criminal cases ;" V though, if a'slave had been purchased by a litigant to get his testimony out of court, the sale was pronounced void, the price was refunded, and the slave could then bo tor- tured.' This limitation arose from a careful i-cgard for the ; *pafety of tlio master, and not IVoni any feeling of huinuuity towards the slave. So great a resi)ect, indeed, was paid to the relationship between the master and Ixis slave that tlio principle was pushed to its fullest extent. Thus even an employer, who was not the owner of a slave, was protected against the testimony of the latter.* When a slave was held in common by several owners, ho could not be tor- ' L. 9 Dfg. XLTiii. XTiU. (Maroianoi). — Lioet itaqos •! de lertii alitiiii baberi qnBaUonem, ai iU rM tnadaAi. * L. 9 f 1 Dig. XLTIII. XTiU.'L. 1 f 16 Dig. XLviii. ztU. (S«Terns).— L. 1 4 18 ^^' XLYiii. xvUi. (UlpUo.) ' QoiMrTtim ideo oomparaTit, na in at torquareiur, reatituto pretio, poUrii inUrrogari.— PaaU Lib. y. Senti. Tit. xtI. f 7.— Tba tame prinoiple ia in- ToWad in a raseript of ibe Antoninat. — L. 1 f 14 Dig. xlviii. xtU. (Savama). * Si aanroa bona Ada mibi tarTiai, aiiam li dominium in ao non babui, potast dioi, torqnari aom in oapni mcom non dabara. — L. 1(7 Dig. xlviii. XTii. Tba axpression V in oapot domini*' apptiaa aa wall to ci?il aa to orimi- nal eaaaa.--Panli Lib. y. Santt. Tit. x?i. f 6. the I incr / may/ proJ IN BOMB. 293 turcd in opposition to any of them, unless one were accused of murdering his partner/ A slave could not be tortured in a prosecution against the father or mother of the owner, or even against the guardian, except in cases concerning the guardianship;* tliougli tlie slave of a husband could be tortured against tlic wife.' Even tlie tie which bound the iVeedman to his patron was sufficient to preserve the former from being tortured against the latter;* whence we ma; assume tliat, in other cases, manumission alTorded no tcction from the rack and scourge. Tliis question, however, api)ears doubtful. Tlic exemption of fi*eodmen would seem to be proved by the rescript which provides that inconve- nient testimony should not be got rid of by manumitting slaves so as to prevent their being subjected to torture;* wliile, on tlie other hand, a decision of Diocletian directs that, in cases of alleged fraudulent wills, the slaves and even the freedmen of the heir could be tortured to ascertain the truth.* The policy of the law in protecting masters from the evi- dence of their tortured slaves also varied at different periods. From an expression of Tacitus, it would seem not to have been part of the original Jurisprudence of the republic, but to have arisen from a special decree of the senate. In the early days of the empire, while the monarch still endeavored to veil his irresponsible power under the forms of law, and showed his reverence for ancient rights by evniling them rather than by boldly subverting them, TilH»ritis, in prosecuting Llbo and Silanus, caused their slaves to be transferred to the public prosecutor, and was * h. S Dig. XLTiii. ztIH.— Coiift 13 Ood. ix. zH. * L. ]• f S Dig. zLTiii. ztUI.— Cooii. S Cod. ix. zU (8«T«r. el Anlonln. anil. S§5). ' L. 1 i n IXff ZLYIII. ZTii. « L. H 9 Dig. XLTiii. ztU. * L. H 13 Dig. xtTiif. XTil.— Panll Lib. t. SobII. Tii. zrt. i 9. * CoBfl. 10 Cod IX. zil. (Dioolet. el Maxim.) 26* 294 TORTUBK. thus able to gratify his vengeance legally by extorting the required evidence.^ Subsequent emperors were not reduced to these subterAiges, for the principle became established that in case); of majestatis^ even as the freeman was liable to torture, so his slaves could l>e tortured to (&>nvict hiui ;* and as if to show how utterly superfluous was the cunnuig of Tiberius, the respect towards the master in ordinary affairs was carried to that point that no slave could be tortured against a former owner with regard to matters which had occurred during his ownership.' On the other hand| according to Ulpian, Trajan decided that when the confession of a guilty slave under torture implicated his master, the evidence could be used against the»master, and this, again, was revoked by subsequent constitutions.* Indeed, it became a settled principle of law to reject all incriminations of accomplices. Having thus broken down the protection of the citizen against the evidence of his slaves in accusations of treason, it was not difficult to extend the liability to other special crimes. Accordingly wo And that, in 197, Septimius So- verus specified adultery, fraudulent assessment, and crimes against the state as cases in which the evidence of slaves against their masters was admissible.* The provision respecting adultery was repeated by Caracalla in 214, and afterwards by Maximus,' and the same rule was also held * Bi qoU Tet«r« Senotiueoniulto qumtio in oapot dominl prohibebatnr, oaUidnt et noTi jnrit reperior Tiberluf miinoipari iingaloa Aoiori pablioo jubel.— Taoii. Anna!. II. 30. See aleo III. 67. Somewbai tiiuUar in tpirii WM bit obanusUrisiio devioe for eluding tbe law wbiob probibited ibe est- ouiion ofTirgint (Sueton. Tiber. Izi.}. * Tbit principle ie embodied in innnmerable laws. li it lulBoient to refer to Oonitt. 6 4 2, 7 4 li B i 1 Ood. iz. Tiii. ' Bervuf in eapnt ejai doniini a qno distraetu eet, oniqne aliqoando ser- Tiyit, in memoriam priorit dominii interrogari non poteat.— L. 18 f Dig. XLViii.x?iii. (Paultti). ' L. 1 f 19 Dig. XLYiii. XTiii. (Ulpian.) ' Const. 1 Cod. IX. xli. (Sever, et Antonin.) * OonatL 3, 82 Ood. ix. ix.— L. 17 Dig. xl?iii. XTiii. (Papin.) IN ROMK. 295 to bo good in cases of incest.* It is probable that this in- creasing tendency alarmed the citizens of Rome, and that they clamored for a restitution of their immunities, for, when Tacitus wns elected emperor, in 276, he endeavored to propitiate public favor by proposing a law to forbid the tcHtimony of slaves against their masters except in cases of majcstaiis^ No trace of such a law, however, is found in the imperial jurisprudence, and the collections of Justinian show that the previous regulations were in full force in the sixth century. Yet it is probable that the progress of Christianity pro- duced some eflcct in mitigating the severity of legal pro- . cednre, and in shielding the unfortunate slave from the cruelties to which he was exposed. Under the republic, while the authority of the jycUcrfamilias was still unor bridged, any one could offer his slaves to the torture when he desired to produce their evidence. In the earlier times, this was done by the owner himself in the presence of the family, and the testimony thus extorted was carefully tnken down to be duly produced in court ; but subsequently the proceeding was conducted by public officers — ^the quaes- tors and triumviri capitalcs.* I low great was the change cfliH*tod is seen by the declaration of Diocletian, in 28G, that masters were not permitted to bring forward their own slaves to be tortured for evidence in cases wherein they were ]iersonal1y interested.* This would necessarily reduce the production of slave testimony, save in accusations of nwjrsiatiti and other excepted crimes, to cases in which the slaves of thinl parties were desired as witnesses ; and even * L. 5 Diff. XLYiii. xtIU. (MftreinB.) * In •idem orftUone emrM at terTi in domlnornra etpiia non inUrrof area- tar, ne In msim ni»je»iiitit qaidem (F1. Vopiio. Teoil. enp. ix.). * iHi Boje, Ilift dn Droit CHm. dee Peup. Ancient, pp. S97, 331, 33S. * Ferroe qvl proprll Indabllnie Jnrli inl probAbontnr, ed inUrrogRiionem nee offerenle t« prodoel wlneremae : Untom ebeei vt eilam InTltA fce eonlra dominam ▼ocem mmpere ooganivr.— Contt. 7 Cod. iz. xU. (Dioelet el Mailm.). 296 TOBTURS. in tlieso, the ft'equcncy of its employment mnst liaro boon greatly reduced by the rule wliich bound the party callhig for it to deposit in advance the price of the slave, as estimated by the owner, to remunerate the latter for his death, or for his diminished value if he were maimed or crippled for life.^ When the slave himself was arraigned upon a false accusa- tion and tortured, an old law provided that the master should receive double the loss or damage sustained ;' and in 888, Yalentinian the Younger went so far as to decree that those who accused slaves of capital crimes should in- scribe themselves, as in the case of freemen, and should be subjected to the lex talionis if they failed to sustain the charge.* This was an immense step towards equalizing the legal condition of the bondman and his master. It was apparently in advance of public opinion, for the law is not reproduced in the compilations of Justinian, and probably soon was disregarded. There were some general limitations imposed on the ap- plication of torture, but they were hardly such as to pre- vent its abuse at the hands of cruel or unscrupulous Judges. Antoninus Pius set an example which modern Jurists might well have imitated when he directed that no one should be tortured after confession to implicate otliers ;* and a rescript of the same enlightened emperor fixes at fourteen the mini- mum limit of age liable to torture, except in cases of majes- I icUiSj when, as we have seen, the law spared no one, for in the imperial Jurisprudence the safety of the monarch over- rode all other considerations.* Women were spared during > Panli Lib. V. Senii. Tit. ZTi. f 8.— Sm mlio LI. 0, IS Dig. xlviii. ZTiii. * Conft. Ood. It. zItI. Tliis proviaion of tli« L. JuUa appean to bavt been revived by Dioolelian. " Lib. IX. Ood. Theod. i. H. « L. 16 4 1 Dig. XLViii. zviii. (Modectin.) ' De minore quatuordeoem annii quKslio babenda non est, ui et Dmit Plui OiDcilio JubenUano reeoripili. | 1. Sod oinncf omniiio in m^JetUtit orimine, quod ad perionaa prlneipam nttlnei, li ad tetiimoniain proTOoeniuri oniq retezigit, torc^uenlur. — L. 10 Dig. xi.viii. zviii. (Aroad.) IN BOMB. 297 prc^Ancj.* Moderation was enjoined npon the Jadgcs, irlio wore to inflict only such torture as the occasion ren- dered nccessar}', and were not to proceed further at the will of the accuser.' No one was to be tortured without the inscription of a formal accuser, who rendered himself liable to tlic lex talionis^ unless there were yiolent sus- picions to justify it ;* and Adrian reminded his magistrates tliat it sliould be used for the investigation of truth, and not for the infliction of punishment.* Adrian fuither dircctc<l, in the same spirit, that the torture of slave wit- nesses shoidd only be resorted to when the accused was so nearly convicted that it alone was required to confirm his guilt.* Diocletian ordered that proceedings should never l)c commenced with torture, but that it might be employed wlicn requisite to complete tlie proof, if other evidence aflVmlcd rational l)clicf in the guilt of the accused.* What was the exact value set upon evidence procured by torture it would be diflllcult at this day to determine. We have seen above that Augustus pronounced it the best form of proof, but other legislators and jurists thought differently. Modestinus affirms that it is only to be believed when there is no other mode of ascertaining the truth.' Adrian cau- tions his judges not to trust to tlio torture of a single slave, but to examine ^ cases by the light of reason and argument.* According to XJlpian, the imperial constitu- tions provided that it was not always to be received nor always rejected ; in his own opinion it was unsafe, danger- * L. S INg. XLTiii. six. (UlpUn.) * TorniMiU RoUm adbib«Bda lanl non qouiU Mcatalor poftolftl ; Md at ■loderatM raUonit Um|wnim«Bto dMidei«ot.->L. 10 f 3 Dig. XLTiii. x?iU. * li. tl nig. xtTiii. xviU. * L. S] Dig. XLTIIf. XTill. * L. 1 H !>(«• XLTIIf. xvili. (UlplMI.) * CobH. S Cod. f X. xti. (Dioelet el Maxln.) * L. 7. Dig. XX. ?. * K«« flli«|a« in Mrrl aiiiot qaBtilone flden nl eotiiilia^ndiiiii, Md arga- ■itnite oaaMin •xamlMndam.— L. 1^4 Dig. xltiii. xtIH. (Ulplan.) 298 TOUTUBK. one, and dcccitrul, for some men were bo resolute ilmi ilicy would bear the extremity of torment without yielding, while others were so timid that tliroiigh fear they would at once inculpate the innocent.* From the manner in which Cicero alternately praises and discredits it, we can safely assume that lawyers were in the habit of treating it, not on any general principle, but according as it might affect their client in any particular case; and Quintilian remarks that it was frequently objected to on the ground that torture renders falsehood easy to some and necessary to others, in proportion to their ability or inability to en- dure pain.* That these views were shared by the public would appear from the often quoted maxim of Publius Syrus — ^^ Etiam innoceutes cogit mentiri dolor" — and from Valerius Maximns, who devotes liis chapter ^^Do Quius- tionibus" to three cases in which it was erroneously either trusted or distrusted. A slave of M. Agrius was accused of the murder of Alexander, a slave of G. Faunius. Agrius tortured him, and, on his confessing tlie crime, liauded him over to Fannius, who put him to dcatli. Sliortly afterwards, tlie missing slave returned home. This same Alexander was made of sterner stuff, for when he was subsequently sus- pected of being privy to the murder of 0. Flavins, a Roman knight, he was tortured six times ^nd persistently denied his guilt, though he subsequently confessed it and was duly crucified. A curious instance, moreover, of the little real weight attached to such evidence is furnished by the case of Fulvius Flaccus, in which the whole question turned upon the evidence of his slave Philip. This man was actually tortured eight times, and revised through it all to criminate his master, who was nevertheless condemned.' ' L. I f 23 Dig. XLYiii. x?Ul.~Ret ett firagUia ai perieolosa at qua Teri- totem fallat. * Altera Mspe etiam canaam falaa dioendi, quod allia patientia faeile men- daoiom faoiat, allia ioflrinitaa neoefsariom.— M. F. QuintU. Inat. Oral. v. Ir. ' Valer. Maxim. Lib. yui. o. iv. IN BOMS. 299 Quintiis Ctirtius probably reflects the popular feeling on the subject, in his pathetic narrative of the torture of Philo- tas on a charge of conspiracy against Alexander. After enduring in silence the extremity of hideous torment, ho promised to confess if it were stopped, and when the tor- turers were removed he addressed his brother-in-law Cra- tcrus, who was conducting the investigation: "Tell me what you wish me to say." Curtins adds that no one knew whether or not to believe his final confession, for torture is as apt to bring forth lies as truth.' From the instances given by Valerius Maxlmus, it may be inferred that there was no limit set upon the application of torture. The extent to which it might be carried appears to have rested with the discretion of the tribunals, for, with the exception of the general injunctions of mode- ration alluded to above, no instructions for its administra- tion are to be found in the Roman laws which have been preserved to us, unless it be the rule that when several persons were accused as accomplices, the Judges were directed to commence with the youngest and weakest.* Since the time of Sigonins, much antiquarian research has been directed to investigating the various forms of torture emplo^'cd by the Romans. They illustrate no principles, however, and it is sufllcient to enumerate the rack, the scourge, fire in its various forms, and hooks for tearing the flesh, as the modes gcnerall^^ authorized by law. The Christian historians, in their narratives of the fearful l)ersecutions to which their religion was exposed, give us a more extended idea of the resources of the Roman torture chaml)er. Thus Prudcntius, in his description of the mar- tyrdom of St. Vincent, alludes to a number of varieties, among which we recognize some that became widely used * Q. Oart. Rnf. ITInt. ti . xl. Aiic«p« eonJ^olnrA tti qaonlam et ▼•» f«ii> r«Mi|ii et ffilM dierniibai Men dolorU flnls mtrnditar. * PssU Lib ?. S«nU. Tit sir. \ S.— L. IS Dig. xltiii. xrlil. 800 TORTUBS. in after times, allowing that little was left for modem inge- nuity to invent. "Vinoiam retoriU bnohilfl, Bannm m deonam exUiiidiUi, Compftgo doueo ooslam DIvalM membrmtim onipei. Pof t biDO blalola iotibus Kodato oof Umm abdiU Ut per laoQDas rnlneram J«car reteotam palpit«U • • • • Tano delude cnnctataa dia Decernil extrema omuiam : Igni, grabato, et laminU Bxeroeatar qaaBsilo. • • • • In boo baratbmm oonjeclt Traoaleniiu bosUa mari/rem Lignoqae plauUa iuserit, DiTarioaiU craribaa. Qain addii efc poDoam novaia Cracia peritna ariifox, Nalli tjranno oogDitam Neo fando compertatn ruiro. Fragmenta teatarum Jatiei HIrta impolltia angalia Aoaminata, infoimia, Tergo Jaoentia atemere. Totum cnbile aplcnlia Armani dolorea anxii : Inaomne qui anbter latna Maonme pnlaeiii obvio." eto.' I have dwelt thus at length on the details of the Roman law of torture because, as will be seen hereafter, it was the basis of all modern legislation on the subject, and has left its impress on the far less humane adiuinistration of crimi- nal Justice in Eurojie almost to our own day. Yet at Orst it seemed destined to disapi)car utterly from hunuin sight with the downfall of the Roman power. In turning from the nicely poised and elaborate provi- sions of the Imperial laws to the crude Jurisprudence of the Barbarian hordes who gradually inherited the crumbling remains of the Empire of the West, we enter into social and political conditions so different that we are naturally led to expect a corresponding contrast in every detail of legislation. For the cringing suppliant of the audience xshamber, abjectly prostrating himself before a monarch who combines in his own person every legislative and executive function, we have the A*eeman of the Qerman Aurel. Prodcnt. d« Vino«ni. Iljinn. v. HARBARIAN Oil A RACTBRI8TI0S. 801 forosts, who Bitfi in council with his chief, who frames the laws which both arc bound to respect, and who pays to that cliicf only the amount of obedience which superior vigor and intellect may be able to enforce. The structure of such a society is fairly illustrated by the incident which Gregory of Tours selects to prove the kingly qualities of Clovifl. During his conquest of Gaul, and before his con- version, his wild followers pillaged the churches with little ceremony. A bishop, whose cathedral had suffered largely, sent to the king to request that a certain vase of unusual size and beauty might be restored to him. Clovis could only promise that if the messenger would accompany him to Soissons, where the spoils were to be divided, and if the vase should chance to fall to his share, it should be restored. AVhcn the time came for allotting the plunder, he addressed his men, requesting as a special favor that the vase might l>e given to him before the division, but a sturdy soldier, brandishing his axe, dashed it against the vase, exclaiming, "Thou shalt take nothing but what the lot assigns to thee." For a year, Clovis dissembled his resentment at this rebuff, but at length, when opportunity offered, he was prompt to gratify it. While reviewing and insiiccting his troops, he took occasion to bitterly reproach the uncourtly Frank with the condition of his weapons, which he pronounced unserviceable. The battle-axe excited his especial displeasure. lie threw it angrily to the ground, and as the owner stoo])cd to pick it up, Clovis drove his own into the soldier ^s head, with the remark, " It was thus you served the vase at Soissons."^ This iiersonal independence of the freeman is one of the distinguishing characteristics of all the Teutonic institu* tlons of that age. Corporal punishments for him were unknown to the laws. The principal resource for the repres* sion of crime was by giving free bcoims to the vengeance of * Oreg. TaroD. IlUii. FrMC. Ub. ii. e. zstU. 802 TORTUBB. the injured party, and by providing fixed rates of composi- tion by whick he could be bought off. As the crim inal could defend himself with the sword against the faida or feud of his adversary, or could compound for his guilt with money, the suggestion of torturing him to extort a confession would : seem an absurd violation of all his rights. Crimes were I regarded solely as injuries to individuals, and the idea ' that society at large was interested in their discovery, punishment, and prevention, was entirely too abstract to have any influence on the legislation of so barbarous an age. . Accordingly, the codes of the Ripuarians, the Alamanni, the Angli and Werini, the Frisians, the Saxons, and the Lombards contain no allusion to the employment of tor- ture under any circumstances ; and such few directions for its use as occur in the laws of the Salien Franks, of the Burgundians, and of the Baioarians, do not conflict with the general principle. The personal inviolability which shielded the freeman ' cast no protection over the slave. lie was merely a piece of property, and if ho were susixscted of a crime, the readiest and speediest way to convict him was naturally adopted. His denial could not be received as satisfactory, and the machinery of sacramental purgation or the judicial duel was not for him. If he were charged with a theft at home, his master would undoubtedly tie him up and flog him until he confessed, and if the offence were committed against a third party, the same process would necessarily be adopted by the court. Barbarian logic could arrive at no other \ mode of discovering and repressing crime among the friend- less and unprotected, whose position seemed to absolve them from all moral responsibility. The little that we know of the institutions of the ancient Gauls presents us with an illustration of the same prin- ciple developed in a somewhat different direction. Co^ar states that, when a man of rank died, his relatives assem- THE BARDARTANB. 803 bled and investigated tlic circumstances of his dcatli. If suspicion aliglitcd upon his wives, they wfere tortured like slaves, and if found guilty were executed with all the refinements of torment.* In accordance with this tendency of legislation, therefore, we And that among the Barbarians the legal regulations for the torture of slaves are intended to protect the interests of the owner alone. The master, indeed, could not refuse his slave to the torturer, unless he were willing to pay for him the full wehrgild of a freeman, and if the slave con- fessed under the torture, the master had no claim for com- fiensation arising either from the punishment or crippling of his bondman.* When, however, the slave could not be forced to confess and was acquitted, the owner had a claim for damages, thongli no comi)ensation was made to the unfortunate suflbrer himself. The original law of the Bur- gundians, promulgated in 4*1 1, is the earliest of the Teutonic codes extant, and in that we find that the accuser who failed to extract a confession was obliged to give to the owner another slave, or to pay his value.* The Baioarian law is equally careful of the rights of ownership, but seems in addition to attach some slight shade of criminality to the excess of torture b}' the further provision that, if the slave die under the torment without confession, the prosecutor shall pay to the owner two slaves of like value, and if unable to do so, that he shall himself be delivered up as a slave.* The Salique law, on the other hand, only guards * D* B«n. Gan. Ti. lU. * Than* proTltiont ar« only fpeoltted In lh« SftHqv* Law (Firtt Text of Pard«9f««, Tit. XL. H <• 7, 8, 0. IO.~L. Bmend. Tit. ZLii. H 8, 0, 10. 11. 12, IS), bnt tbey woro donbtlera embodied in tbe pnietiee of the olber tribeo. * L. Bnrgnnd. Tit. Til. — The other nllniiont to tortore In tbli oode. Tit. xxxfx. H If >• '"^ Tit. LZXTii. H If >» •l>o r«f«r only to ilaTOf, oolonl, Mid orlKlnnrlL Ptrtont entpeeted of being fbgltiTo ilaTOi wero alweyi tortnred to ueertotn tbe Ibet, wbleb la In direet eontradiotlon to tbe prlaolplof of tbo RoaiMi law. * L. BaloAr. Tit tiii. e. ztIII. H I, 2, S. 304 TOETUEK. the interests of the owner by limiting tlie torture to 120 blows with a rod of the thiclmess of the little finger. If this does not extort a confession, and the accuser is still unsatisfied, he can deposit the value of the slave with the owner, and then proceed to torture him at his own risk and pleasure.* It will be observed that all these regulations provide merely for extracting confessions ttom accused slaves, and not testimony from witnesses. Indeed, the system of evi- dence adopted by all the Barbarian laws for freemen was of so different a character,* that no thought seems to have been entertained of procuring proof by the torture of wit- nesses. The only allusion, indeed, to such a possibility shows how utterly repugnant it was to the Barbarian modes of thought. In some MSS. of the Salique law there occurs the incidental remark that when a slave accused is under the torture, if his confession implicates his master, the charge is not to bo believed." Such was the primitive legislation of the Barbarians, but though in principle it was long retained, in practice it was speedily disreganlcd by those whom irrcsiioiuiiblc i>owcr elevated above the law. The Roman populations of the con- quered territories were universally allowed to live under their old institutions ; in fact, law everywhere was personal and not territorial, every race and tribe, however intermingled on ' t. Salio. First Text, Tit. XL. H 1> >. <• ^•— ^* Bmend. Tit. zlii. H h 2, 8, 4, 6.— In a treaty between Cbildebert nnd CloUir, about tbe year 69S, there It, boweTer, a olanse wbiob would appear to indicate tbot in doubtful eoeei elaTee were lubjected, not to torture, but to tbe ordeal of ebanoo. ** 81 gerroa in furto fuerit inenlpatui, reqniratnr a domino ni od TigiaU noetet Ipeum in mallnm prmentet. Bt gi dnbietot eot, ad lortem ponatur." (Pttoi. pro Tenore Pooif eap. r. — Balot.) Thie wa« probably only a temporary international regulation to prevent frontier quarrels and reprisals. That it bad no permanent force of law is eTident from tbe retention of the prooednres of torture in all the texts of the Salique law, inoluding the roTlsion by Obar- lemogne. « Plr»t Text, Tit. XL. f 4.— MS. Monaster. Tit. XL. f S.— L. Bmand. Tit. XLIl. § 6. TIIR MKEOvl^GIANB. 805 the samo soil, being subjected to its own system of jurispra- ficncc. The summary process of extracting confessions and testimony which the Roman practice thus daily brought under the notice of the barl>arians could not but bo attrac- tive to their violent and untutored passions. Their political 83'stem was too loose and undeflncd to maintain tlie fireedom of the Sioambriau forests in the wealthy plains of France, and the monarch, who, beyond the Rhine, had scarce been more than a military chief, si)cedily l)ccamo a desiK)t, whose |)owor over those immediately around him was limited only by the fear of assassination, and over his more distant sub- jects by the facility of revolution. When all thus was violence, and the law of the strongest was scarcely tempered by written co<les, it is easy to imagine timt the ficrsoual inviolability of the freeman s))ee<llly ceased to guarantee protection. In the long and deadly struggle lietwceu Fre<legonda and Brunliildn, for example, the fierce passions of the adversaries led them to employ without scruple the most cruel tortures in the endeavor to fathom each other's plots.' A single ease may be worth recounting to show how completely torture had become a matter of course as the first resource in the investigation of doubtful questions. When fjcudastes, about the year 580, desired to ruin the pious IMshop Gregory of Tours, he accused him to Chilix^ric I. of slandering the fair fame of Queen Frede* gonda, and suggested that full ])roof for condemnation could lie had by torturing Plato and Gallienus, friends of the bishop. He evidently felt that nothing further was re<|uired to substantiate the charge, nor does Gregory him* self, in narrating the aflhir, seem to think that tliere was anj' thing irregular in the proi>osition. Gallienus and Plato were scixcd, but A*om some cause were discharged unhurt. Then a certain Riculfhs, an accomplice of Leudastes, was ' Qng, Taron. Hift. Frano. Lib. Tti. e. xs.—Alnoln. Ub. ill. o. ixi. xUI. II. Ixir. IxTil.—PlodoArd. Iliti. R«iii«nt. Lib. ti. o. U. 2G* 806 TOBTUEX. reproached for his wickedness by a man named Modesios, whereupon he accuaed Modeatna to Fredegonda, who promptly canaed the unhappy wretch to be aeyerely tor- tured without extracting any information from him, and he waa impriaoned until released by the miraculoua aid of St. Medard. Finally, Gr^ory cleared himself canonically of the imputation, and the tables were turned. Leudastes Bought safety in flight. RiculfVis was not so fortunate. Gregory begged hia life, but could not save him from being tortured for confession. For six hours be was hung up with his hands tied behind his back, and then, stretched upon the rack, he was beaten with clubs, rods, and thongs, by as many as could get at him, until, as Gregory naively remarka, no piece of iron could have borne it. At last, when nearly dead, his resolution gave way, and he confessed the whole plot by which it had been proposed to get rid of Chilperic and Fredegonda, and to place Clovis on the throne.* Now, Plato, Gallienus, and Modeatus were probably of Gallo-Roman origiu, but Kiculfus was ovldcutly of Teu- tonic stock ; moreover, ho was a priest, and Plato an arch- deacon, and the whole transactiou shows that canon law and Prankish law were of little avail against the unbridled passions of the Merovingian. Of all the Barbarian tribes, none showed themselves so amenable to the influences of Iloman civilization as tlic Goths. Their comparatively settled habits, their early con- version to Christianity, and their position as allies of the empire long before they became its conquerors, reiulereil ttiem far less savage under Alaric than were tlie Franks in the time of Clovis. Tlie permanent occupation of Septi- mania and Catalonia by the Wisigoths, also, took place at a period when Rome was not as jet utterly sunk, and when the power of her name still possessed something of its ■ Grogor. Taron. IlUt. Franc. Lib. r. o. xllz. TUB OSTBOOOTnS. 807 undent inflnence, which could not but modify the insUtu- tions of the ncw-comcrs as they strove to adapt their primi- tive customs to the altered circumstances under which they found themselves. It is not to be wondered at, there- fore, if their laws reflect a condition of higher civilisation than those of kindrctl races, and if the lloman Jurispru- dence has left in them traces of tlie appreciation of that wondcrftil work of the human intellect which the Goths were sufficiently enlightened to entcrUin. The Ostrogoths, allowing for the short duration of their nationality, were almost as much exposed to the Influences of Rome. Their leader, Theodoric, had been educate^ in Constantinople, and was Ihlly as mnch a Roman as many of the Barbarian soldiers who hod risen to high station under tlMJ emiKsrors, or even to the throne itself. All W» effort* were directed to harmonizing the institutions of his dif- ferent subjects, and he was too enlightened not to see the manifest superiority of the Roman polity. His kingdom was too evanescent to consolidate and per- fect ito institutions or to accumulate any extended body of Jurisprudence. What little exists, however, manifests a compromise between the spirit of the Barbarian tribes of tlie iieriotl and that of the conquered mistress of the world. The Edict of Theodoric docs not allude to the torture of freemen, and it is probable thot the free Ostrogoth could not legally be subjected to It "With respect to slaves. Its provisions seem mainly borrowed from the Roman law. No slave could lie tortnred agalnsta third party for evidence ' unless the Informer or accuser was prepared to indemnify i the owner at his own valuation of the slave. No slave \ could lie tortunxl against his master, but the purchase of a ' slave to render his testimony Illegal was pronounced null and void ; the purchase money was returned, and the slave was tortured. The Immunity of frcodmcn Is likewise shown by the cancelling of any manninlsnlon conferred for the 808 TOBTUBS. purpose of preventing torture for evidence.* Tbeocloric, however, allowed his llomoji subjects to be governed by their ancient laws, and he apparently had no repugnance to the use of torture when it could legally be inflicted. Thus he seems particularly anxious to ferret out and punish sorcerers, and in writing to the Prefect and Count of Borne he urges them to apprehend certain suspected parties, and try them by the regular legal process, which, as wo have seen, by the edicts of Constautius and his successors, was particularly severe in enjoining toilure in such cases, both as a means of investigation and of punishment.* Qn the other hand, the Wisigoths founded a |)crmanent state, and as they were the only race whose use of torture was uninterrupted from the period of their settlement until modem times, and as their legislation on the subject was to a great extent a model for that of other nations, it may be worth while to examine it somewhat closely. The earliest code of the Wisigoths is supposed to have been compiled by Eurik, in the middle of the fifth century, but it was subsequently much modified by recensions and additions. It was remoulded by Chindaswind and Uecas- wind about the middle of the seventh century, and it has reached us only in this latest condition, while the MSS. vary so much in assigning the authorship of the various laws, that but little reliance can be placed upon the assumed dates of most of them. Chindaswind, moreover, in issuing his revised code, prohibited for the future the use of the Roman law, which had previously been in force among the subject popidations, under codes specially pre- pared for them by order of Alaric II. Thus the Wisigothic laws, as we have them, are not laws of race, like the other Barbarian codes, but territorial laws carefully digested for a whole. nation by men conversant alike with the Boman and with^ their own ancestral Jurisprudence. ' Bdloi Thcodor. oap. o. oi. cU. * Gaailodor. Variar. it. ziU. xxlli. THE WISIGOTnS. 800 It 18 therefore not surprising to And in them the nse of torture legalized somewhat after the fashion of the impe- rial constitutions, and yet with some humane modifications and restrictions. Slaves were liable to torture under accu- sation, but the accuser had first to make oath that he was actuated by neither fraud nor malice in preferring the charge ; and ho was further obliged to give security that he would deliver to the owner another slave of equal value if I the acx*used were acquitted. If an innocent slave were / crippled in the torture, the accuser was bound to give two of like value to the owner, and the accused received his freedom. If the accused died under the torture, the Judge who had manifested so little feeling and discretion in per- mitting it was also fined in a slave of like value, making three enuring to the owner, and careful measures were pre- scril)ed to insure that a proper vahmtion was made. Jf the accuser were unable to meet the responsibility thus incurred, I he was himself forfeited as a slave. Moreover, the owner was always at liberty to save his slave from the torture by proving his innocence otherwise if possible; and if he suc- ceeded, the accuser forfeited to him a slave of equal value, and was obliged to pay all the costs of the proceedings.' Freedmcn were even better protected. They could only be tortured for crimes of which the penalties exceeded a ccKain amount, varying with the nature of the freedom enjoyed by the accused. If no confession were extorted, and tlie accused were crippled in the torture, the Judge and * the accuser were lK>th heavily fined for his benefit, and if he dic<1 the fines were paid to his family.* There could have been little torturing of slaves as wit- nesscs, for in general their evidence was not admissible, even under torture, against any freeman, including their masters. The slaves of the royal palace, however, could ■ L. WUigoih. Lib. Ti. Tli. i. I. 6. * Ibid. 310 TOETUEK. give testimony as though they were freemen,* and, as in the Roman hiw, there were certain exccx>ted crimes, such as treason,, adultery, homicide, sorcery, and coining, in accusations of which slaves could be tortured against their masters, nor could they be preserved by manumission against this liability." As regards freemen, the provisions of different portions of the code do not seem precisely in harmony, but all of them throw considerable difficulties in the way of pro- cedures by torture. An early law directs that, in cases of thefb or fraud, no one shall be subjected to torture unless the accuser bring forward the informer, or inscribe himself with three sureties to undergo the lex talionis in case the accused prove innoceut. Moreover, if no coufcssiuu were extorted, the informer was to bo produced. If the accuser could not do this, he was bound to name him to the Judge, who was then to seize him, unless he were protected by some one too powerful for the judicial authority to control. In tills event it was the duty of the Judge to summon the authorities to his aid, and in default of so doing he was liable for all the damages arising from the case. The in- former, when thus brought within control of the couil, was, if a freeman, declared infamous and obliged to pay ninefold the value of the matter in dispute ; if a slave, six- fold, and to receive a hundred lashes. If the freeman were too poor to pay the fine, he was adjudged as a slave in common to the accuser and the accusctl.* A later law, issued by Chindaswind, is even more careful in its very curious provisions. No accuser could force to the torture a man higher in station or rank than himself. The only cases in which it was i)ermittcd for nobles were those of treason, homicide, and adultery, while for freemen of humbler position the crime must be rated at a fine of ' L. WUIgoth. II. It. 4. • Ibid. Yi. I. 4; YII. vl. 1 J Tin. If. 10, 11. • IbW. Tl. i. 1. THB wisiooTns. 811 500 flolifli at Icnst. In these cases, an open trial was first lirescrilicd. If this were fruitless, the accuser who desired to push the matter bound himself in case of failure to deliver himself up as a slave to the accused,' who could maltreat him at pleasure, short of taking his life, or com- imund with liim at his own valuation of his sufferings* Tlio torture tlien might last for tlirce days ; the accuser was the torturer, subject to the supervision of the Judge, au<l miglit inflict torment to any extent that his ingenuity could suggest, sliort of producing iKrmanent injury orf doatli. If death resulted, the accuser was delivered to the relatives of the deceased to be likewise put to death ; the Judge who had permitted it through collusion or corruption was ex|>08cd to the same fate, but if he could swear that he had not licen bribed by the accuser, he was allowed to escape with a fine of 600 solid!. A very remarkable regula- tion, moreover, provided against false confessions extorted by torment. The accuser was obliged to draw up his accu- sation in all its details, and submit it secretly to the Judge. Any confession under torture which did not agree substan- tially with this was set aside, and neither convicted the accused nor released the accuser from the penalties to which he was liable.* Under such a system, strictly enforced, few persons would lie found hardy enough to incur the dangers of sub- jecting an adversary to the rack. As with the Franks, however, so among the Wisigoths, the laws were not pow- erful enough to secure their own observance. The authority of (he kings grew gradually weaker and less able to repress the Assumptions of ambitious prelates and unruly grandees, and it is easy to imagine that in the continual struggle all IHirtirs sought to maintain and strengthen their position hy an hnbitnnl disregard of law. At the Thirteenth Coun- cil of Toledo, in 683, King Krwig, in his oi)eniug address, * L. WIfflgoUi. Yi. i. s. 812 TOBTURB. alludes to the frequent abuse of torture in contravention of the law, and promises a reform. Tlie council, in turn, de- plores the constantly recurring cases of wrong and suffering wrought ^^regiiB subtilitatis astu vel profanie potostatis instinctu," and proceeds to decree that in Aiture no freeman, noble, or priest shall be tortured unless regularly accused or indicted, and properly tried in public ; and this decree duly received the royal confirmation.* As the Qoths emerge again into the light of history after the Saracenic conquest, we find these ancient laws still in force among the descendants of the refugees who had gathered around Don Pelayo. The use of the Latin tongue gradually faded out among them, and about the twelfth or thirteenth century the Wisigothic code was translated into the popular language, and this Romance version, known as the Fuero Juzgo^ long continued tlie source of law in the Peninsula. In this, the provisions of the early Gothic monarchs respecting torture are textually preserved, with two trifling exceptions which may reason- ably be regarded as scarcely more than mere errors of copyists.* Torture was thus muiutaiucd in Kpuiu as an unbroken ancestral custom, and when Alfoiiso the Wise, about the middle of the thirteenth century, attempted to revise the Jurisprudence of his dominions, in the code known as Las Siele Fartidaa which he promulgated, he only simplified and modified the proceedings, and did not remove the practice. Although he proclaimed that the ' OonoH. ToUUn. XIII. ann. 68S» can. it. • 8m the Fu«ro Juxgo. Lib. i. Tit. iii. 1. 4; Tii. It. I. 4.— Lib. iii. Tit. ir. 11. 10, 11.— Lib. VI. Tii. i. 11. 2. 4, 6.~Lib. vii. Tii. i. 1. 1 ; Tii. tI. 1. 1. Th» only poinii in which iheio Tary f^om the onoicni lawi ara thai in Lib. Ti. Tit. i. 1. 2, adttliary if noi inoladed among tha orimat for tvtpioion of which noblcf can be iorturcd, and thai tha noousar if noi diracicd io con* dooi iha ioriura. In Lib. vii. Tii. i. 1. I, alio, the informer who fliilf io oonviei if condemned only in a f ingle One, and noi ninefold ; be if, however, af in the original, declared infamouf, af a ladro; if a flave, the penaliy if iha fame af with the Witigothf. SPAIN. 818 pcraon of man is tlio noblest thing of earth — ^^^La persona del home cs la mas noble oosa del niundo''' — ^lie held that strifics and other torture inflicted Judicially were no dis- honor, even to Spanish sensitiveness.* Though, moreover, he declared that hidden crimes were often discovered by means of torture when no other mode was available,* still he could not shut his eyes to the perilous nature of such testimony, and he decreed that no confession extorted by torture, or by the fear of dishonor or death, had any valid- My.* To reconcile the irreconcilable, therefore, he adopted an expedient which subsequently became almost universal throughout Europe. After confession under torture, the prisoner was remanded to his prison. On being subse- quently brought before the Judge, he was again interro- gated, when, if he persisted in his confession, he was condemned. If he recanted, ho was again tortured ; and, if the crime was grave, the process could be repeated a third time: but, throughout all, he could not be convicted unless he made a free confession apart from the torture. Even after conviction, moreover, if the Judge found reason to liclicve that the confession was the result of fear of the torture, or of rage at being torturc<1, or of insanity, the prisoner was entitled to an acquittal.* Evidently, there was little real confidence reposed in the procedure, and yet this want of faith only doubled or trebled its severity. Alfonso's admiration of the Roman law led him to bor- * ParUdai, P. Til. Tit 1. 1. S6. • Ibid. P. Tti. Tit Is. 1. 16. * Car por log tormcniofl aabtn loa JvdgadorM mnebai tmm la Tardad da Im malof feeboa aaavblartoa, qna nan m podriaa aabar dotim §>!». — Ibid. P. Tit. Tit XXX, 1. 1. * P«»r pram la da toraanloa 6 fcrldat, 6 por alado da maaria 6 da dafboar» qna qeleran fkear i loi bonnaa, eonoaean i lat Tagadaa algaaaa aaaaa qna da pv KrmAo nan laa aonoteariaa : a par anda daelnioa qva la aonoaoanala qna f aero fecba an algnna dcaiaa manaraa qna non daba Tnlar nln ampatea nl qna la Ibea.— Ibid. P. iti. Tit xlll. 1. 5. * Ibid* P. Til. Tit XXX. I. 4.~Porqna la aonaiaanain qna 99 feahn an al tonnania, li non fnara aontmada daapnoa aln pramln, non af Tnladam. 27 814 TOBTUEB. row much Arom it rather than from tlio Gothic coilo, tlioiigh both are represented in the provisions which ho established. Thus, except in accusations of treason, no one of noble blood could be tortured, nor a doctor of laws or other learning, nor a member of the king's council, or that of any city or town, except for official forgery, nor a pregnant woman, nor a child under fourteen years of age.* So, when several accomplices were on trial, the torturer was directed to commence with the youngest and worst trained, as the truth might probably bo more readily extracted tvom him.* The provision, also, that when a master, or mistress, or one of their children was found dead at home, all the household slaves wore liable to torture in the search for the murderer, bears a strong resemblance to the cruel law of the Romans, which condemned them to death in case the murderer remained undiscovered.' The regulations concerning the torture of slaves are founded, with little variation, on the Roman laws. Thus the evidence of a slave was only admissible under torttii*e, and no slave could be tortured to prove the guilt of a present or former owner, nor could a frecdman, in a case concerning his patron, subject to the usual exceptions which we have already seen. The excepted crimes enu- merated by Alfonso are seven, viz: adultery, embezzle- ment of the royal revenues by tax collectors, high treason, murder of a husband or wife by the other, murder of a Joint owner of a slave by his partner, murder of a testator by a legatee, and coining. With the slave, as with the ' PariUUt, p. 11. Til. zxt. I. 24. Bzoept tb« fftTor ibown to th« learned profeiiionti " per honr* de la MoieneU/' whioh aftarwardu bceame general ibrougbooi Borope, tbete proTiiiont may all be fonnd in the Roman law. — Oonet. 4 God. ix. vili. ; L. S Dig. xlviii. xIx. ; L. 10 Dig. xlyiii. ZTiii. { Const. 11 Cod. IX. zll. * Partldae, P. rit. Tit. xxx. I. 6.— ImiUUd from L. 18 Dig. xlyiii. xviii. ' ParUdaf, P. yii. Tit. zxx. 1. 7. CC Taoit. Annal xiy. xlilL-xU. SPAIN. 815 freeman, all tostimonj nndcr torturo required subsequent confirmation.^ There is one noteworthy innovation, however, in the Partidos, whicli was subsequently introduced widely into the torturo codes of Europe, and which, in theory at least, f<roatly extended their sphere of action. This was the lia- bility of freemen as witnesses. When a man's evidence was yacillating and contradictory, so as to afford reason- able suspicion that he was committing perjury, all criminal Judges were empowered to subject him to torture, so as to ascertain the truth, provided always that he was of low condition, and did not belong to the excepted classes." With all this, there are indications that Alfonso de- signed rather to restrict than to extend the use of torture, and, if his general instructions could have been enforced, there must have been little occasion for its employment nndcr his cmle. In one passage, he directs that when the evidence is insufllcicnt to prove a charge, the accused, if of good character, must be acquitted ; and in another, he orders its application only when common report is ad- verse to a prisoner, and he is shown to be a man of bad repute.* Besides, an accuser who failed to prove his charge was alwa^'S liable to the lex /a/tont>, unless he were prose- cuting for an offence committed on his own person, or for the murder of a relative not more distant than a brother or sistcr^s child.' The Judge, moreover, was strictly enjoined not to execcd the strict rules of the law, nor to carry the torture to a |)oiut imiierilling life or limb. If he deviated from these limits, or acted through malice or favoritism, he was liable to a similar infliction on his own person, or to a |>enalty greater than if he were a private individual.* ■ ParildM. p. Til. Tit. zii. I. 16. • Ihld. P. tit. Tit xvl. I. 43.~P. Tti. Tit. zsz. I. 8. ' PitrildM, P. Tti. TH. 1. 1. S6, •• bo«« mal •nlkirtido.**— P. Til. Tit »i. 1. S, •• Bl tl tiwf hoB« do mala Ikat 6 tU." * Ihld. P. Til. Tit. i. I. M. Ibid. P. VII. Tit zix. I. 4 ; Tit iz. 1. 16. 816 TOBTUUB. The liability of witnesseB was fVirther circumscribed by the fiict that in cases involving coi*poral punishment, no one could be forced to bear testimony who was related to either of the parties as far as the fourth degree of consan- guinity, in either the direct or collateral lines, nor even when nearly connected by marriage, as in the case of fathers-in-law, step-children, &c.' Orders to inflict torture, moreover, were one of the few procedures which could bo appealed from in advance.* Several of these limitations became generally adopted throughout Europe. We shall see, however, that they afforded little real protection to the accused, and it is more than probable that they received as little respect in Spain as elsewhere. There were many varieties of torture in use at the pe- riod, but Alfonso informs us that only two were commonly employed, the scourge and the strappado, or hanging the prisoner by the arms while his bade and legs were loaded with heavy weights.' The former of these, however, seems to be the only one alluded to throughout the code. As a whole, tlio Tartidas were too elaborate and too much in advance of the wants of tlio age to be successful as a work of legislation. With the death of Alfonso tliey became discredited, but still retained a certain amount of authority, and, a hundred years later, in the Ordenamiento di Alcal^ of Alfonso XL, issued in 1848, they are referred to as supplying all omissions in subsequent codes.* It is probable that, in his system of torture, Alfonso the Wise merely regulated and put into shape the customs prevalent in his territories, for the changes in it which occurred during the succeeding three or four centuries are merely such as can be readily explained by the increasing influence of the revived Roman Jurisprudence, and the intro- duction of the doctrines of the Inquisition with respect to > Partial P. Yii. Tli. xxx. I. 0. • Ibid. P. III. Tli. xxiU. 1. IS. • Ibid. P. Til. Tii. XXX, I. 1. • OrdeoMDiento di Alctdk, Tii. xxwHl I. 1. SPAIN. 81? criminal procedures. In the flnal slmpe which the adminis- tration of torture assumed in Spain, as described by Yilla- dicgo, an eminent legist writing about the year 1600, it was onl}' employed when the proof was strong and yet not sufll- ciciiFior conviction. No allusion is made to the torture of witnesses. The system of repeating the torture on succes- sive days, if the accused recanted during tlie interval, had apparently fallen into desuetude, for Yilladiego condemns the cruelty of some Judges who divide the torture into three days in order to render it more effective, since, after a certain prolongation of torment, the limbs begin to lose their sensibilitj*, which is recovered after an interval, and on the second and third days they are more sensitive than at flrst. This he pronounces rather a reiKstition than a continuation of torture, and reiietition was illegal unless rendered necessary by the introduction of new testimony. Ah in the thirteenth century, nobles, doctors of laws, preg- nant women, and children under fourteen were not liable, except in cases of high treason and some other heinous offences, among which the bigotry of the age had introduced ^ ( ^eresy.v The clergy also were now exempted, unless pre- viously condemned as infamous, and advocates engaged in pleading enjoyed a similar privilege. The Partidas allow torture in the investigation of comparatively trivial offences, but Yilladiego states that it should only be employed in the case of serious crimes, entailing bodily punishment more severe than the torture itself, and torture was worse than the loss of the hands. Thus when only banishment, fines, or imprisonment were involved, it could not be used* The penalties incurred by Judges for its excessive or im- proi)or application were almost identical with those pre- scril>ed by Alfonso, and the limitation that it should not be allowed to endanger life or limb was only to be exceeded in the case of treason, when the utmost severity was per- missible. Many varieties were in use, but the most common wore tlie strappado and )K>u ring water down the throat; 27 ♦ 818 TOBTUBK. but when the-acouaed was so weak as to render these dan- gerouSi fire was applied to the soles of the feet ; and the use of the scourge was not unusual. As in the ancient laws, the owner of slaves was entitled to compensation when his bondmen were unjustly tortured. If there was no Justifi- cation for it, he was reimbursed in double the estimated yalue ; if the Judge exceeded the proper measure of torment, he made it good to the owner with another slaye.^ In turning to the other barbarian races who inherited the fragments of the Roman empire, we find that the introduc- tion of torture as a recognized and legal mode of investiga- tion was long delayed. Under the Merovingians, as we have seen, its employment, though not infrequent, was exceptional and without warrant of law. When the slow reconstruction of society at length began, its first faint trace is to be found in a provision ro8ixK;tlug the crime of sorcery and magic. These were looked upon with peculiar detestation, as unpardonable ofibnces against both Qod and man. It is no wonder then if the safeguards which the freeman enjoyed under the ordinary modes of Judicial procedure were disregarded in the case of those who vio- - lated every law, human and divine. The legislation of Charlemagne, indeed, was by no means merciful in its gen- eral character. Uis mission was to civilize, if possible, the savage and turbulent races comiK>sing his empire, and he was not over nice in the methods selected to accomplish the task. Still, he did not venture, even if he desired, to prescribe torture as a means of investigation, except in the case of suspected sorcerera, for whom, moreover, it is ordered indirectly rather than openly.* Yet, by this time, ■ y ilI«di«go, Gloif. ad Foero Joxgo, Lib. Ti. Tii. i. 1. 2, Qlon. c, d, ; /, g. ~Lib. TI. Tik i. I. 5, Gloas. b, c. * C»pU. O»rol. Mag. II. ann. 805, S zxt. (Baloi.). No oihar inUrpreUUoii ean waU ba givan of Uia dlraoUon **dUigantiMima azaminationa oonsirin- gaotor ai forta oonfliaaninr malornm qnn gaiaarank. Sad tali modaraUona flak aadam diatrioiio na yitam perdani." THE 0ABL0VINOIAN8. 819 the personal inviolnbilitj^of the.JhHannn jgaa^gone. The infliction of Btripes and of hideous mutilations is frequently (1ircctc<l in the Capitularies, and even torture and banish- ment for life are prescribed as a punishment for insulting bishops and priests in church." ' * This apparent inconsistency is easily explicable. Though there was no theoretical objection to torture as a process I of investigation, yet there was no necessity for its employ- ment as a means of evidence. That the idea of thus using it in matters of great moment was not unfamiliar to the men of that age is evident when we And it ofllcially stated that the accomplices of Bernard, King of Italy, in his reliellion against Lonis-le-Ddbonnaire, ih 81T, on their cap- ture confcsscfl the whole plot without being put to the tor- ture.' Such inRtnnccfl, however, were purely exceptional. In ordinary matters, there was a complete system of attack and defence which supplemented all deficiencies of testi- mony in doubtful cases. Sacramental purgation, the wager of battle, and the various forms of vidgar ordeals were not only primeval customs suited to the feelings and modes of thought of the race, but they were also much more in harmony with the credulous faith inculcated by the church, and the church had by this time entered on the career of temfioral supremacy which gave it so potential a voice in fashioning the institutions of European society. For all these, the ministrations of the ecclesiastic were requisite, and in many of them his unseen interference might prove decisive. On the other hand, the humane precepts which forlmde the churchman from intervening in any manner in Judgments involving blood precluded his interference with the torture chamber ; and in fact, while torture was ' Cftpltttl. Lib. Ti. eap. enlz. 61 qvli epltoopo t«I aliif aliiblrif Inlrft MelttUm injttrlaai feeerlt, Jab«nat 9um tomenib nbjMtam In asUio norl .... Sin avUm eoniamelUia laalain feeerli, tonaeaili •! eilllo Iradalar. * Nan rolaa m tiailaai Md aliro •ilarn noa ailaioll qaatiloalbat oaiaeai Uehaam b^|at raballloab daUgant— Qoldafi. Caaiitt lap. I. 161. 8S0 TOBTUBE. yet frequent under the Merovingians, the canons of vsrious councils prohibited the presence of any ecclesiastic in places where it was administered.* Every consideration, there- fore, would lead the church in the ninth centuiy to prefer the milder forms of investigation, and to use its all-powerful influence in maintaining the popular belief in them. The time had not yet come when, as we shall see hereafter, the church, as the spiritual head of feudal Christendom, would find the ordeal unnecessary and torture the most practi- cable instrumentality to preserve the purity of faith and the steadfastness of implipit obedience. In the ninth century, moreover, torture was incompatible with the forms of Judicial procedure handed down as relics of the time when every freeman bore his share in the public business of his sept. Criminal proceedings as yet were open and public. The secret inquisitions which afterwards became so favorite a system with lawyers did not then exist. The mallum^ or court, was perhaps no longer held in, the' open air,* nor were the freemen of the district con- strained as of old to be present,* but it was still free to ' Hon liA«t preibytoro nee dUeono ad trepaliam ubi r«i torqnaotar iUi«. — ConcU. Aatisaiodor. ftnn. 678, oan. zxziii. Ad loenm exAiniiiationia r«oraiii nnllai olerieonun aoe«d»i. — ConeU. Mailaeon. II. ann. 685, oan. ziz. * Under CharlemagD* and Lonifl-l«-IMbonnalr« iMnii to haY* oommeneed tha naaga of holding tbeoourt andar theltar. Thui Obarlamagna, ** Ut in locis nbi maUofl pabliona babari lolal, taotam tale eonttituatur qaod in bibarno at in mtaU obtanrandat ooa poMit"— (Capit. Carol. Mag. II. ann. 809« ^ ziii.). 8aa alio Capit. I. aod. ann- ^ zzy. Lonii-la-Ddbonnaira prohibila tba holding of aonrta in ehnrobai, and addi '* Volnmna ntiqna nt domni a oonita in loenm nbi mallnm tanera debet oonitrnatar, ut propter ealorca •olif at pluylam pnblioa ntilitaa non remaneat." — (Capit. Ludov. Pit I. ann. 819, i xiT.) ' In 709, we find Charlemagne oommanding the praianoa of all Draaman in the general judieial aasambljr bald twice a year, '*Ut ad mallum Yantranamo tardet, nnnm olroa nstatam at alternm eirca aatnmnum." At othari of Ian importance, they ware only bound to attend when summoned, *' Ad alia faro, •i neeaMitaa fnarit, yal denuneiatio regis nrgeat, Tooatns venire nemo tardet.*' —(Capit. Carol. Mag. ann. 760, ^ zii.) FBVDALI8M. 881 every one. The accuser and his witnesses were oonfironted with the accused, and the criminal must be present when his sentence was pronounced.' The purgatorial oath was administered at the altar of the parish church ; the ordeal was a public spectacle ; and the Judicial duel drew thousands of witnesses as eager for the sight of blood as the Roman pIclM}. Tliese were all ancestral customs, inspiring im- plicit reverence, and forming part of the public life of the community. To substitute for them tlie gloomy dungeon througli whose walls no echo of the victim's screams could filter, where impassible Judges coldly compared the inco- herent confession wrung out by insufferable torment with the anonymous accusation or the depositions of unknown witnesses, required a total change in the constitution of society. The change was long in coming. Feudalism arose and consolidated its forces on the ruins of the Carlovingian em- pire without altering the principles upon which the earlier procedures of criminal Jurisdiction had been based. As the local dignitaries seized upon their fiefs and made them hereditary, so they arrogated to themselves the dispensa- tion of Justice which had formerly belonged to the'ccntral iwwcr, but their courts were still open to all. Trials were conducted in public uix>n well-known rules of local law and custom ; the Aillest opportunities were given for the defence; and a denial of Justice authorised the vassal to renounce the Jurisdiction of his feudal lord and seek a superior court. In 809, b« d«fllr«d tlial none tlioiild b« foretd to aiUnd anltii bo hftd but- BOW, " Ui nonot ad plMlion Yonlro eogmUr, bU qal oavana babol ad qarrondam/*— (Capli. I. aan. 809, ^ ilil.) In SI9, Loalt ordorod ibai ibe frocnon ibonid attoad al loaal tbroo eonria a jear, **ot nallvt eotampliaa plaelta obiorraro eompoUat, nlit forio qaltiboi aai aeoataiat faarll, aai allan aoeiiMTorU, aai ad laailmoalaai porblboadam Toealat raorii.**>-(Capli. Lodov. PU. V. ana. 819, \ iIt.) * riaoaU al advamit abaanUf non Jadioatar. Quod aft faotaa IWorfl pro- laU soBlonUa non TaltbU.— Capital. Lib. t. ^ eoexL 822 TORTUttE. ( Still, as uudor the Mcrovingiana, torture, though un- ) recognized by law, was occasionally employed as an cxtra- •' ordinary element of judicial investigation, as well as a ^ -^ means of punishment to gratify the vengeance of the irre- , sponsible and cruel tyrants who ruled with absolute sway : , over their .petty lordships. A few such instances occur in the documents and chronicles of the period, but the terms in which they are alluded to show that they were regarded as irregular. Thus, it is related of Wenceslas, Duke of Bohemia, in the early part of the tenth century, that he destroyed the gibbets and fearful implements of torture wherewith the cruelty of his Judges had been exercised, and that he never allowed them to be restored.^ An individual case of torture which occurred in lOlt has chanced to be preserved to us by its ending in a miracle, and being the occasion of tlie canonization of a saint. A pious pilgrim, reputed to belong to the royal blood of Scotland, while wandering on the marches between the liavariaus and the Moravians, was seized by the inhabitants on suspicion of being a spy, and, to extort a confession, was cx|)osed to a succession of tor- ments which ended by hanging liini on a witlieiXHl tree until he died. The falsity of the accusation and the sanctity of the victim were manifested by the uninterrupted growth of his hair and nails and the constant flowing of blood from a wound, while the dead tree suddenly put forth leaves and flowers. Margrave Henry of liavaria had him reverently buried, and he was duly enrolled in the catalogue of saints.* In the celebrated case, also, of the robbery of the church * R«gDabai antom Id Praga Weneilaiif I>«o ei hominlboi aooaptoa, qai InUr onUra qa» d« m pnsdioaatur, mirabUla tormeotorum genera •i pail- ' bola tnapandUt bomlnnm praparata dlrui feoii, ne immaoltaa Jodioam ez- ortioeret, na« rtparari loo Umpora parmliU — Annallii. 8a zo ann. 928. * In Bavarioram eonflnla atqae MaraTentlum quldam peregrin at, nomine Colomannui, ab Ineolii, quaal tpeoulator ewet, oapiinr, et ad profenlonem oolpn, qnam non memli, dirif oasUgaiionlbai oompelliiar, eto.— DiUiaarl Cbron. Lib. Tii. ad fin. TUB TWKLFTn OBNTUBT. 828 of FiAon, alK>ut the year 1100) tho stiiipcctcd thief wm, by direction of the bishop, basted with hot lard, in order to extort a confession,* and though this was nnsuccessful, a ])crReverance in the effort finally effected its purpose.* These are evidently rather siK>radic and exceptional cases than indications of any systematic introduction of the prac- tice. A more significant allusion, however, is found in the reproof administered, about 1125, by Uildobert, Bishop of io Mans, to one of his priests, who had been concerned in the torture of a susixscted thief, for the purpose of extract- ing a confession. Hildebert argues that the infliction of torture for confession is a matter for Judicial decision and not of church discipline, and therefore not fit for a clerk to be engaged in.* This would seem to show that it occasion- ally was a recogniKcd means of proof in the lay tribunals of the itcriml, though as yet not favore<l by the church. If so, no record of its introduction or evidence of its customary use has been preserved to us, though there is abundant evidence of its employment as a punishment and for the extortion of money. As a punishment legally inflicted, we find it prescribed, in 1108, by Fre<leric Barbarossa in cases of petty thefts,* and in the next century by Frederic 11. as a i)enalty for high treason.* S|)ccial cases, too, may be instanced, where its infliction on a large scale shows that the minds of men were not unfamiliar with its use. Thus when, in 1125, the ■ lUe nadaian Urneqve prMtralttm aiqa* llgiilan, lardo eaUdo ttli p«r- faniU. Md nihil extorqncn polalt^HermaBnofl d« 8. Ifarte lAodea. Mira«. (Jarvil Obff«rvftl. in iTon. Bplat. IzxIt.)* * Qaib«ri. Norlogtnl. d« VlUk San, enp. stI. ' R«<M tormentif nflk«r« ▼•! inppllelb eziorqaaro oonfenlonoai Mnnra earliv mC non cccImIid dbwlpllnn. Und» at nb fjat nalmndTeralona nbailnarn deHnUii qnem pMaalnm innoi fnrlo tntplenrln aiiporln«« ; n«|«« •nim enr- nlfez M ted Mcrifos. — IIIMeltcrt. Cenonina. Bpltl. zzx. ' Pi 4|ai« qainqne Mlldoc miens nal pint fnerll fnrntnt Inqveo tat pendnUr : ■I Bilnaf, Mopit el forelpe ezeorieiar ol landalnr.^Feador. lib. ii. Til. SSTil. 4 A- - Fred. II. Lib. lUnerlpi, ft. H 1, 6. (QoldMt, Coatiit. lap. ii. M.) 824 TORTURE. inhabitants of Erfurt were guilty of some outrages on the imperial authority, and the town was besieged and captured by the Emperor Lothair, the chronicler relates that large numbers of the citizens were either killed, blinded, or tor- tured in various ways by the vindictive conqueror.* So summary and effective a mode of forcing the weak and unprotected to ransom themselves was not likely to be overlooked in those ages of violence, and though thejsxtra- Jttdidal .use of torture is foreign to our purpose, yet, as showing how men educated themselves in its employment, it may be worth while to allude briefly to this aspect of the subject. Thus Duke Swantopluck of Bohemia, in a marauding expedition into Hungary in 1108, caused to be racked or put to death all prisoners who could not purchase escape by heavy ransoms.* At the same peHod, Germany is described to us by an eyewitness as covered with feudal chieftains who lived a life of luxury by torturing the mis- erable wretches that could scarce obtain bread and water for their own existence.* In England, the fearAil anarchy which prevailed under King Stephen encouraged a shuilar condition of afiairs. The baronial castles which then multiplied so rapidly became mere dens of robbers who ransacked the country for all who had the unfortunate reputation of wealth. From these they extracted the last penny by tortures ; and the chronicler expatiates on the multiplicity and horrid ingenuity of the torments devised — suspension by the feet over slow fires; hanging by the thumbs ; knotted ropes twisted around the head ; crucet- houses, or chests filled with sharp stones, in which the victim was crushed ; sachentages, or frames with a sharp ' Trnoidaiifl alilf, aliis oasoatis, nonnullU diT«ni« ionnenionim generibiu •zenioUtb, muUiaqu* per divenis fugUDiibai. — Erphnrdianiu VarUoqau ann. 1125. * Alios interfeci joMit, alloi in eonleo raipengoi, paneii Toro, aooepla maigna pooania, Tiiam ooneassit. — Cotinai Progani. Lib. in. ann. 1108. * Ab bli qai pan* tolo at aqua ylciiiaro lolabani, deliolas libi ministrari tormanUa azigabant.— Annallit. Baxo ann. 1128. , DISAPPROVED BT THB OHU&OH. 825 iron collar preventing the wearer fl-om sitting, lying, or sleeping; dungeons filled with toads and adders; slow starvation, &c &c* Such experiments were a fitting educa- tion for the times that were to come. In all this, however, there is no evidence of the revival* of torture as a means of legal investigation. The commu4 nit}' was Ratisfled with the old barbaric forms of trial, and the church, still true to its humanizing instincts, lost not op|K)rtuuit3' of placing the seal of its disapprobation on the whole theory of extorting confessions. The great nam(| of Gregory I. was on record, as early as the sixth centuryj denouncing as worthless a confession extorted by incarce-i ration and hunger.* When Nicholas I., who did so much to build up ecclesiastical iK>wer and influence, addressed, in 8CG, his well-known epistle to the Bulgarians to aid and direct them in their conversion to tlie true faith, he recites that he is told that in cases of suspected theft, their courts endeavor to extort confession by stripes, and by pricking with a |>ointed iron. This he pronounces to be contrary to all law, human and divine, for confessions to be valid should Iks spontaneous; and he argues at some length on the uncertainty of the system of torture, and the injustice to which it leads, concluding with a peremptory prohibition of its continuance." In the first half of the same century, the manufacturers ' Anglo-Rnxon Cbronlelt, ann. 1137. * 81 Unen Mmdem eonfoftloBem tnbUllUa •xuniaationlt •% ocevHif •llc«rii, ti Bon ftfllloilo ▼•beniMt •xlorqaerei; qaao freqacaWr hoe ftgli ai noiln* «• fnUri engnniiir eilmn innozil. Nam pottqaam pnefalai eplNopat, ■t dlellvr, ervelnrl eviiodla eramarlqae fame ee atterli, eeire debetit, tl ita e«t, atrtim noreai tl tie faerii eziorta eonfeMio.^Qregor. PP. I. Lib. Tin. ' Nicolni PP. I. Rpipi. zotU. ^ M. Qiiam rem nee dWIaa lex nee ha- mnna prorfan admlttll, earn non iaTlta ned tponUnea debeal eera eonfewlo .... Rellnqaile llaqae tallii, ei qam baelennN ln»lpient«e exereaistif, me- flallilat execramlnl, qarrn ealm fraclam hebal^tiii laae In lllbi In qalbni non erahetrillp* 2H 826 TOBTUBB. of the False Decretals had attributed to Alexander I. an epistle designed to protect the church from pillage and oppriession, in which that pontiff is made to threaten with infamy and excommunication those who extort confessions or other writings Arom ecclesiastics by force or fear, and to lay down the general rule that confessions must bo voluntary and not compulsory.* On the authority of this, Iyo of Ghartres, at the commencement of the twelfth cen- tury, declares that men in holy orders cannot bo forced to confess I* and half a century later, Qrfttian lays down / the more general as well as more explicit rule that no con- I fession is to be extorted by the instrumentality of torture." (This position was consistently maintained until the revival of the Roman law familiarized the minds of men with tlio procedures of the imperial jurisprudence, when the policy t of the church altered, and it yielded to the temptation of ^ obtaining so useful a means of reaching and proving the otherwise impalpable crime of heresy. The latter half of the twelfth century saw the study of the civil law prosecuted with intense ardor, and in the I beginning of the thirteenth. Innocent HI. struclc a fatal ; blow at the liarbaric systems of tlie ordeal and sacramental : compurgation by forbidding the rites of the church to the ; one and altering the form of oath customary to the other. The unreasoning faith which had reiK)8ed confidence in the boiling caldron, or the burning ploughshare, or the traineil champion as the special vehicle of Divuie Judgment, was fading before the Aristotelian logic of the schools, and dia- lectical skill could not but note the absurdity of acquitting ' PMvdo-Alezftnd. d«orei.«OmDibai orihodozlt" — OonfMsio rero in Ulibui non eompalia led iponUnaa fl«ri d«b«i. . . . Oonfanio enim non txiorqaerl deb«t in Ulibas, led potiu tponU profltori, penimam Mi •Dim dt tatpioione ant eztorta oonfenione qncmquftm judicar*. * Minitirorom oonfMiio non tit eziorU sed tiionUnea. — Ivon. Panorm. lY. ozviii. * Quod yero oonfenio cruoiatibiu oxtorquonda nou eit. — Dooreti Cam. xv. q. 0, can. 1. INFLUBNOK OP THE ROMAN LAW. 82T A culprit because he conUl l)eg or buy two, or five, or eleven men to swcnr to their l)e1icf in his oath of denial. Yet with all these influences at work, the ancestral cus- toms maintained their ground long and stubbornly. It is not until the latter half of the thirteenth centnrj^that the first faint traces of legalized torture are to be found in France, at whose University of Paris for more than a hundred years the study of the Pandects had become the almorbing topic, and where the constantly increasing power of the crown found its most valuable instruments in the civil lawyers, and its surest weapon against feudalism in the extension of the ro3'al Jurisdiction. In Germany, the progress was even slower. The decline of the central au- thority, after tlic death of Frederic Barbarossa, rendered any general change impossible, and made the absolutist principles of the imi)orial Jurisprudence especially distaste- ful to the crowd of feudal sovereigns, whose privileges wore l)cst sup]>orted by perpetuating organized anarchy. The early codes, therefore, the Sachsenspicgel, the Schwa- Ijcnspicgcl, the Kayser-l^echt, and the llichstich Landrecht, which regulated the Judicial proceedings of the Teutonic nations from the thirteenth to the fifteenth centuries, seem to know no other mode of deciding doubtful questions than sacramental purgation and the various forms of ordeal. During the latter |)ortion of this period, it is true, torture begins to apfiear, but it is as an innovation. The first indications of the modem use of torture show distinctly that its origin is derived from the ciYina3¥. In the Latin kingdoms of the East, the Teutonic races were brought Into contact with the remains of the old civiliza- tion, impressive even in its decrepitude. It was natural that, in governing the motley collection of Greeks, Syri- ans, and Franks, for whom they had to legislate, they should adopt some of the institutions which they found in force amid their new possessions, and it is only sur- prising that torture did not form a more prominent feature • ( 328 TOETUBB. in their code. The earliest extant text of tlie Asnses de Jerusalem la not older than tlio thirteenth century, and tlie blundering and hesitating way in which it reoognizesi in a nngle inatanoe, the nae of torture shows how novel was the idea of sbch procedure to the feudal barons, and how little they understood the principles goyeming its application. When a murderer was caught in the act by two witnesses, he could be promptly hanged on their testimony, if they were strangers to the victim. If, however, they were relatives, their testimony was held suspect, and the confession of the accused was requisite to his conviction. To obtain this, he was subjected to torture for throe days ; if he confessed, he was hanged ; if obdurate, he was imprisoned for a year and a day, with the privilege of clearing himself during that period by the ordeal of the red-hot iron. If he declined this, and if during his confinement no additional evidence was procured, he was acquitted and could not be again appealed for the murder.* This shows the transition state of the question. The criminal is caught with the red hand and the evidence of guilt is complete, save that the witnesses may be interested ; confession thus becomes requisite, yet the failura to extort it by the most prolonged torment does not clear the accused;, t^e ordeal is resorted, to in order to supplement the torture, and solve the doubts which the latter could not remove; and finally, the criminal is absolved thougli he dare not trust the judgment of Qod, and though the uiicor- tuinties in wliich torture haul left the case ava not i*cuioved. ItQiy was the centre from which radiated the influences of the Roman law throughout Western Europe, mid, as might be expected, it is to Italy that we must look for the earliest incorporation of torture in the procedures of modem criminal j urisprudenoe. Probably the first instance of its use is to found in the legislation of Frederic II. for ' AnUei de JerniaUm, Bain* Coort, cop. eoHz. REVIVED IN ITALY. 829 his Neapolitan provinces, promulgated in 1381; and the mode in which it is prescribed shows that it was as yet but s^iaringly employed. As Frederic was the earliest secular legislator who discountenanced and restricted the various forms of the ordeal, it was natural that, with his education and tcmix^ramcnt, ho should seek to replace them with the system of the Roman codes which ho so much admired. When a secret murder or other heinous crime was com- mittotl, and tlie most stringent investigation could not con- vict the i)cr|)otrators, if the weight of suspicion fell on per- sons of humble station and little consequence, they could be torturc<l for confession. If no torment could wring from them an acknowledgment of guilt, or if, as often hap|)cned (*'prout accidcre novimns in plertsque'')* their ros()]utif>n ga%'c way under insufferable tonncnt and they subsectucntly recanted, then tlio punishment, in the shape of a flne, was inflicted on the district where the crime had occurred.' From this it is evident that torture was not exactly a novelty, but that as yet it was only ventured upon with the lowest and most unprotcctccTcIass orsociety, and tliat confcRsioii during its infliction was not regarded as sufllcicnt for conviction, unless subsequently i)ersi8ted in. During the remainder of the century, the statutes of many of the Italian cities show the gradual introduction of torture to replace the barbarian processes which were not indigenous,^ and which the traditional hate of the Italian States for the Tedeschi was not likely to render popular. That by the middle of the century, indeed, the practical applications of torture had been profoundly studied and were thoroughly understood in all their most inhuman ramiflcations is sufllciently evident from the accounts which we i>ORsc8s of the fearful cruelties habitually practised by petty despots such as Eccelino di Romano." • Contiit Siealar. Lib. i. Til. zxvH. • Da Dojt, Droit Crlalnel 6- P««p. Mod. II. 405. • MoMMh. P«d«Mi. Otiron. Lib. it. mb. 1251^1 (UrtibU SeHp. lUr. G«r. 28* 830 TOftTUUB. About this time we also find, in the increasing rigor and gradual systematizing of the Inquisition, an evidence of the growing disposition to resort to torture, and a power- ful element in extending and facilitating its introduction. The church had been actively engaged in discountenancing and extirpating the ordeal, and it now threw the immense weight of its authority in favor of the new process of ex- torting confessions. When Frederic II., in 1221, issued from Padua his three constitutions directed against heresy, cruel and unsparing as they were, they contained no indica- tion that torture was even contemplated as a mode of inves- tigation. In fact, suspected parties, against whom insuffi- cient evidence was brought, were directed to prove tlieir innocence by some fitting mode of purgation.* In 1252, however, when Innocent lY. issued his elaborate instruc- tions for the guidance of the Inquisition in Tuscany and Lombardy, he ordered the civil magistrates to extort ft'om all heretics by torture not merely a confession of their own guilt, but an accusation of all who might bo their accom- plices; and this derives significance from his reference to similar proceedings as customary in trials of thieves and robbers.* It shows the progress made during the quarter of the century, and the high appreciation entertained by the church for the convenience of the new system. As yet, however, this did not extend beyond Italy. There man. pp. 694-6).— Qaoiidie dtverait generibat tonnentonim Indifflsnter Urn majoret quam mlnoret a oarniflcibnt neoabuntur. Vooas terribilea claman- tum in tormeniia dU nootuqoe audi«baniar do aliU palailis. . . . Quotidto •ina labore, tine oontotentiia ramoraiont magna toruenta at inezcogilata oorporibni bominam infligebai, eto. ? Oongraa purgatione. — Qoldatt. Conttit. Imp. I. 293-6. * Taneainr prfloterea potattat aea raoior omnat bnratieoa quoi oaptoa habuarit, eogara oiira mambri diminniionam at mortis parioalum, tanquam ▼ara latronat at bomioidai animarnm at furat laoramantoram Dai at fldai CbristianiB, arroras tnot eipraisa fatari at aoeuaart alioa bnratieos quot ioiunt, at bona aorum, at eradantai at racaptatorct at dafantorai aorum, lioat eoguntnr fnret et latronat rtram tamporallnm aooiuaro iuoi oompitoaa at fa- tari maleflciaqniB faeamnt.— Innooant. IV. Lag. atOonit. oontra Hasrai. ^ 28. INFIiUKNOE or TtlX INQUISITION. 881 is cxtniit a trnct, written not long after this time, contain- ing very minute instnictions as to tlic established mode of dealing with the sect of Albigcnses known as the " Poor Men of Ijyons.*' It gives directions to break down their strength and overcome their fortitude by solitary confine- ment, star^'ation, and terror, but it abstains from recom- mending the infliction of absolute and direct torture, while its details are so full that the omission is sufllcient proof that such measures were not then customary.* The whole system of the Inquisition, however, was such as to render the resort to torture inevitable. Its proceedings were secret ; the prisoner was carefully kept in ignorance of the exact charges against him, and of the evidence upon which they were based. lie was presumed to be guilty, and his judges 1)ent all their energies to force him to confess. To accomplish this, no means were too base or too cruel. According to the tract JuRt quoted, pretended sympathizers wore to l)e let into his dungeon, whose affected friendship might entrap him into an unwary admission; officials armed with fictitious evidence were directed to frighten him with assertions of the testimony obtained against him from sup- |>osititious witnesses ; and no reflonrces of fraud or guile wore to 1)0 spared in overcoming the caution and resolution of the poor wretch whose mind, as we have seen, had been careful]}* weakened by solitude, suffering, hunger, and terror. From tills to the rack and estrapade the step was easily tnkon, and was not long delaycil. In 1301, we find even !Miilip)>e-lc-!Iel protenting against the cruelty of the In- quiHitton, and interfering to protect his subjects fVom the rrflneinents of torture to which, on simple suspicion of liercRy, unfortunate victims were habitually exi>08cd.* Yet * Tnei. 4« flnrtt. Paap. d« Lappil. (MftrUa* ft Danuid ▼. 1787). In ili« Iraet. Pr«iierl<» II., who died In 12541, ti »poli«n of «• '*qnondam Inpcrntor.** * Clamor Tftlldoi el Intlnaailo loetaom tdollan salnlllornfli . . . proeofoai miMi in lnqalplttonl» nr^otie • eo|>tionlbaii, qniP^Uonibaf •! •leoglUiU lor> moniia Incipient penoaat qaat pro Hbito aeserii bttreiloa labe nolatat, abno> TORTURS. when, a few years later, the same monarch resolved upon the destmction of the Templars, he made the Inquisition the facile instrument to which he resorted, as a matter of course, to extort from De Molay and his knights, with endless repetition of torments, the confessions which were to recruit his exhausted treasury with their hroad lands and accumulated riches.* The history of the Inquisition, however, is too large a subject to be treated here in detail, and it can only bo alluded to for the purpose of indicating its influence uiion secular law. That influence was immense. The legists who were endeavoring to eradicate the feudal customs could not expect the community to share their admiration of the Roman law, and naturally grasped with eageniess the ad- vantage offered them in adducing the example of ecclesi- astical institutions. In founding their new system, they could thus hardly avoid copying that which presented itself under all the authority of an infallible church, and which had been found to work so successfully in unveiling the most secret of hidden crimes, those of faith and lielief. About the time when Innocent IV. was prescribing tor- ture in Italy, we find the first evidence of its authoritative use in France as an ordinary legal procedure. In Decem- ber, 1254, an assembly of the nobles of the realm at Paris adopted an ordonnance regulating many points in the administration of Justice. Among these, occurs an order that persons of good reputation, even though poor, shall not be put to the torture on the evidence of one witness, lest, on the one hand, they may be forced to convict them- selves flilsely, or, on the other, to buy themselves off from the infliction.* gaasA Cbriiiam . . . . t! Ttl meto iormcntonini fat«ri oompellit. — Lli. Pbilip. ^Pulobri, ap. Rftynouard, Monumentfl Uuloriqaei relatils it, U OoDdamoftiion del CboTalien du Temple, pp. 37-8. ' The feMrful deUUe of torture ooUeeied by Raynoaard (op. oit.) show thai tbe lD(|DiiUion by ibie time wm tuWy ezperienoed in luob work. * PereoDM aatem bonettiui Tel bono famo, etiam il tint paaperes, ad INTBODUCTION IN FBANOB. 838 This would seem to indicate timt tlic flystcm of Judicial torture woa so completely established that its evils and abuses had begun to render themselres apparent and to require restrictive legislation. Tet the contemporaneous remains of Jurisprudence show no trace of the custom, and some of them are of a nature to render their silence a negative proof of no little weight. To this period, for in- stance, l)elongs the earliest extant coutumier of Normandy, published by Ludewig, and it contains no allusion to tor- ture. The same may be said of the For de Biam^ granteil in 1288, and recently printed by MM. Mazure and Uatoulet, which is very AUl in its details of Judicial procedure. The collection of the laws of St. Louis, known as the £lablisse' mentSj is likewise fVee from any instructions or directions OS to its application, tliough it could scarcely have been omitted, hod it formed part of the admitted Jurisprudence of the age. It may be argued, indeed, that these codes and laws assume the existence of torture, and therefore make no reference to it, but such an argument would not hold good with respect to the books of practice which shrewd and experienced lawyers commenced at that time to draw up for the guidance of courts in the unsettled |x*rio<l of conflict 1)ctween the ancient feudal customs and the invading civil law. For instance, no text-book can well 1>e more minute than the " Livres dc Jostice et dc Plet," written about the 3'ear 1260, by a law^'cr of the school of Orli^ans, then celebrated as the headquarters of the study of the Im|icrial Jurisprudence. lie manifests u]K)n almost every page his familiar acquaintance with the civil and cAuou law, and he could not iK>ssibly have avoided some reference to torture, if it had been even an occasional resource in the tribunals in which he pleaded, and yet he does not in any way allude to it. diehra iMtifl vbM, tonn^atls ••« qvasiionlbni inhlb^niM, b« ob «i«l«m fnlpafli eofiflerl, vtl laftiii TtzftUonem r«dliiier< eomp^Uantar. — FflnUfion, RfUcU 9% OHnnn. f . 701. A fomewhiit dtfllirtBl readlnf la givtn by Inn* bert, Anrtennef Loii Fnui^nteffl I. 270. 834 TORTURE. The wne oonclnsion is derivable from the ^ Coatamcs da Beaavoiiris," written about 1270 by Philippe de Beau- manoir. In hia position as royal bailli, lleaumanoir had obtained the fullest possible familiarity with all the pnus tical secular Jurisprudence of his day, and his tendencies were naturally in favor of the new system with which St. Louis was endeavoring to break down the feudal customs. Tet, while he details at much length every step in all the cases, civil and criminal, that could be brought into court, he makes no allusion to torture as a means of obtaining evidence. In one passage, it is true, he seems to indicate that a prisoner could be forced, while in prison, to criminate himself, but the terms employed indicate clearly that this was not intended to include the administration of torment.^ In another place, moreover, when treating of robberies, he directs that all suspected parties should be long and closely confined, but that, if they cannot be convicted by cxtemal evidence, they must at last be discharged." All this is clearly incompatible with the theory of torture. The ^^ Conseil" of Pierre de Fontaines, which was pro- bably written aliout the year 12G0, aflbrds the same nega- tive evidence in its full instructions for all the legal pro- ceedings then in use. In these three works, notwitlistand- Ing the reforms attempted by St. Louis, the wager of battle is still the recognized resource for the settlement of doubt- ful cases, wherein testimony is insufllcient, and the legist ' CU qui Mi prii •! rail ^n prison, lolt por mtffei on por deU, tani 6orom« II Oft •!! prlton II ii*Mi Udos k rwpoodr* & riena o*ob U demaode Ibrt •■ •M Unt iolen«iit por qui il .fa prii. Bt I'on U foi rMpondro antro eoM •oniro M TolonU, ot tor o« qa*il alllgo qa*U no rout pat rotpoadre tant eomrao 11 loU on prlion ; tout oo qui eit lait oontra II Mi do nalo Talour, car II poi tout rapolor qaand 11 oit hon do prlion. — Beaumaaoir, oap. lii. § ziz. * Qaant tol larrooln rant fot, lo JusUoo doit ponro tot log fouspo^nnoua •t foro moult de demandei, por laToir 1*11 porra fero dor co qui oot orbo. Bt blon log doit on longo prison tonir ot dostroito, ot toi ooz qa'il ara souspochonnons par malroM ronoramdo. Bt s'il no pot on nnlo manloro savoir lo roriU du fot, il les doit delirrer, so nqs no Tlont arant qnl partio so Yoillo foro d'aus aoousor droitomont dn larrooln.— Ibid. oap. xzxi. § vi. INTRODUOTION IN FBANOB. 885 seems to imagine no other solution. The form of trial *^ is still public, in the feudal or royal courts, and every opportunity is given both for the attack and the defence. The worlc of De Fontaines, moreover, happens to fhmish another proof that he wrote at the commencement of a transition (leriofl, during which the use of torture was in- troduced. In tlie oldest MSS. of his work, which are oon- sidcrcil to date from ISftO to 1280, there is a passage to the effect tliat a man convicted of crime may ap|)cal if he has not confessed, or, when he has confessed, if it has been in consequence of some understanding (coveni). In later MSS., transcri1)cd in the early part of the fourteenth century, tlie wonl " covent" is replaced by " tourmen*,"' tlius showing not only tlie introduction of torture during the interval, "-' but also that a conviction obtained by it was not finaL The Ortlonnanco of 1254, indeed, m far as it relates to torture, is asserted by mo<lcrn criticism to have been ap- plicable only to the bailliages of Deauvais and Cahors.' I do not know upon what facts this opinion is based, but the omission of Deaumanoir to allude to any such custom would seem to render doubtful its application to Hcauvais* That it was limite<l to a great extent is more than probable ; for in the ordonnance as registered in the council of B^ ziers in 1255, the section respecting torture is omitted,* and this would exjilain the silence preserved on the subject by all contemi)orary legal authorities. While giving due weight, however, to all this, we must not lose sight of the fact that the laws and regulations prescrilied in royal ordonnances and legnl text-books were practically applicable only to a portion of the iK)pulation. All non-nobles, who had not succeeileil in extorting special ' S« H bona oVti eonnotwiDf d« fon meifei, on 1*11 !*» eonev •! «• a •■16 p«r doT«ni, t**!! U fliii Jngtnvfit, apeler en p««t. — CoomU, ob. xsH. ui. SS. (KdUlon MftrnUr, PariP. 18411.) « L'OiMlear. Lm Crimes ei !•■ Pelnee, p. 113 (Perb, 1863). * Dnlnt. Conell. OeU. Narbon. p. 76. 836 touture. privileges by charter from ilieir feudal snperiors, were ex- posed to the caprices of barbarous and irresponsible power. It was a maxim of feudal law that God aloue could inter- yene between the lord and his villein — ^^ "Mhs par notre usage n'a-il, entre toi et ton vilein, Juge fors Deu'" — ^tho villein being by no means necessarily a serf; and another rule prohibited absolutely the villein from appealing Arom the Judgment of his lord." Outside of law, and unauthorized by coutumiera and ordonnances, there must, under such institutions, have been habitually vast numbers of cases in which the impatient temper of the lord would seek a solu- tion of doubtful matters in the potent cogency of the rack or scourge, rather than waste time or dignity in endeavoring to cross-question the truth out of a quick-witted criminal. Still, as an admitted legal procedure, the introduction of torture was very gradual. The " 01 im," or register of coses decided by the Parlement of Paris, extends, with some intervals, from 1255 to 1318, and the paucity of alluirs in which torture was used shows that it could not have been habitually resorted to during this ixsriod. The first instance, mdeod, •uly occurs iu 129U when the royal bailli of Senlis cites the mayor and Jurats of that town before the Parlement, because in a case of theft they had applied the question to a suspected criminal ; and though theft was within their competence, the bailli argued that torture was an incident of ^' haute Justice" which the town did not pos- sess. The decision was iu favor of the municipality.* The next year (1300), we find a clerk, wearing habit and ton- sure, complaining that the royal officials of the town of Yilleneuve in Roucrgue had tortured him in divers ways, with ropes and heavy weights, heated eggs and fire, so that he was crippled and had been forced to expend three hun- ■ Oomeil oh. xxi. art. 8. * Ibid. arL 14. Bt eocor no puisse li vileins faussor U jugemeni son ■•ignor. ' Olim T. II. p. 451. XARLY 0A8E8. 887 drc<l Hvrcs Toitrnois in medicines and physicians. This, Willi other proiKsr damages, he prays may bo made good to hiui by the iKsqictrators, and tlio arrfit of the Tarlcmcnt orders their ixsrsons and proi)crty to ho seized, and their possessions valued, in order that the amount may he proi)crly assessed among them.* Phil ippe-Ie-Bel, not with- standhig his mortal quarrel with the papacy— or perhaps in conse<picnce of it — was ever careful of the rights and privileges of the clergy, among which the immunity from secular Jurisdiction and consequently from torture was prominent. The case evidently turned upon that point. The third case does not present itself until 1306. Two Jews, under accusation of larceny by their brethren, com- plain timt they had been illegally tortureil by the bailli of Hourgcs, and though one of them under the infliction had coufcsHcd to complicit}', the confession is retracted and damages of three thousand livres Tournois are demande<l. On the other hand, the bailli maintains that his proceed- ings are legal, and asks to have the complainants punished in acconlance with the confession. The Parlement adopts a middle course ; it acquits the Jews and awards no dam- ages, showing that the torture was legal and a retracted confession valueless.* The fourth case, which occurs In 130t, is interesting as having for its reiMirter no less a ixsrsonage than Gull* laume de Nogaret, the captor of Donifaco YIII. A certain Guillot dc Ferri^res, on a charge of robbery, had been tried hy the Judge of Yillclongue and Nicolas Dourges, n>3'al chatclain of Mont^Ogler. The latter had tortured him ro|ieate<lly and cruell}', so that he was iHirmanently cripplcfl, and his uncle, Etienne do Ferribres, Chatclain of Montauban, claims damages. The deciRion condemns Nicolas llourges In a mulct of one thousand livres Tour- nois, half to Guillot for his suifcrings and half to Stephen ' OUm. III. 49.60. * Ibid. III. I8&-S. 29 838 TOnTDRE for his expenses, besides a fine to the crown.* It is evident that Judges were not allowed to inflict unlimited torment at their pleasure. The fifth case, occurring in 1310, may be passed over, as the torture was not Judicial, but merely a brutal outrage by a Icnight on a noble damsel who resisted his importuni- ties : though it may be mentioned that of the fine inflicted on him, fifteen hundi*cd livrcs Toumois enured to the crown, and only one hundred to the victim." The sixth case took place in 1812, when Michael de Poolay, accused of stealing a sum of money from Nicolas Loquetier of Rouen, was subjected to long imprisonment and torture at Gh&teau-Neuf de Lincourt, and was then brought to the Ch&telet at Paris, where he was again examined without confession or conviction. Meanwhile, the real criminal confessed the theft, and Nicolas applies to the Pai'lemcnt for the liberation of Michael, which is duly granted.* A long interval then occurs, and we do not hear of tor- ture again until 1318, when Quillaume Nivard, a money- changer of Paris, was accused of coining, and tortured by the Prev6t of tlio Chatolet. lie contends that it was ille- gal, while the Prevot asserts that his Jurisdiction emiM>w- ered him to administer it. The Parlement investigates the case, and acquits the prisoner, but awards him no damages.^ ' Olini, III. 831-8. • IbUl. III. 605^. • IbUl. III. 76I>S. * Ibid. III. 1200.— It ii ■omowbfti aingulnr that torture doci Dot aiipoar to bftvo been ufod in tbe trial of Bngnerrand de Marignj, the prinoipal miniater of Pbilippe-le-Bel, aaorifloed after his death to the hatred of Obarleg de Valoifl. Tbe long endeavor of tbe joang king to protect bin, and tbe final resort of bis enemies to the eharge of sorcery, with the production of bis miserable aeoompHoes, would seem to render tbe case one particularly suited to the use of torture. See tbe detailed account of the trial in the ** Qrandes Chroniques de France*' V. 212-220 (Paris, 1837). In 1315, Baoul de Presles, accused of causing the death of Philippe, waa tortured. ** Mais nprds moult de painea et de tormons qu'll ot sooffort, ne pot on riens traire de sa boucba fors que bien, ri fu franobenicnt laissi^ aler, ct ot moult da sea biens gasi^ et perdus " Ibid. p. 221. RESISTANCE OF FEUDALISM. 839 Tlio very commonplAcc and triTinl character of these cases has its interest in showing that the practice of ap- ix^ling to the Parlemcnt was not confined to weighty matters, and therefore that tlie few instances in which tor- ture was involvetl in such appeals afford a fair index of tlie rarity of its use during tliis i>eriod. Tliese cases, too, have seemed to mc worth reciting, as they illustrate the principles uiK>n which its application was based in the new Jurisprudence, and the tentative and uncertain character of the progress by which the primitive customs of the Euro- l>can races were gradually becoming supplanted by the resuscitated Roman law. This progress had not Ixsen allowed to continue uninter- rupted by ))rotcflt and resistance. In the closing days of the reign of I*hilip|)e-le-Hel, the feudal |M>wers of Franco awoke to the danger with which they were menaced by the rxtcuRiou of the royal prerogative during the precetling half century. A league was formed, which seemed to threaten the existence of the institutions so tMirefully nur- tured by St. Louis and his successors. It was too late, however, and though the storm broke on the new and un- tried royalty of Louis Ifutin, the crown lawyers were already too i>owerful for the united seigneurio of the king- dom. When the various provinces presented their com- plaints and their demands for the restoration of the old order of things, they were met with a little skilful evasion, a few artful promises, some concessions which were readily withdrawn, and negatives carefully couched in language which scemc<l to imply assent. Among the complaints, we find that the introduction of torture was opposed as an innovation upon the established rights of tlio subject, but the law3'ors who drew up the replies of the king took care to infringe as little as they could upon a system which their legal training led them to regard as an immense improvement in proce<luro, and wliic*!i enabled them to sui)erscdo the wager of battle, which 840 TORTURE. thoy Justly regarded as the most significant emblem of feudal independence. The moYcment of the nobles resulted in obtaining from the king for the several provinces a series of charters, by ifhich he defined, as vaguely, indeed, as ho could, the extent of royal Jurisdiction claimed, and in which he pro- mised to relieve Uiem from certain grievances. In some of these charters, as in those granted to Britauny, to Bur* gundy, and to Amiens and Yermandois, thei'c is no allusion made to torture.* In the two latter, the right to the wager of battle is conceded, which may explain why the nobles of those provinces were careless to protect themselves fi'om a process which they could so easily avoid by an ap^x^ to the sword. In the charter of Langucdoc, all tliat Louis would consent to grant was a si)ecial exemption to those who had enjoyed the dignity of capitoul, consul, or dccnriou of Toulouse and to their children, and even this trifling concession did not hold good in cases of " Icse-majeste'' or other matters jmrticularly i>ro vidcd for by law." Normandy only olitaincd a vague promise that no freeman should bo subjected to torture unless he were the object of violent presumptions in a capital offence, and tliat the torturo should be so regulated as not to imiieril life or limb ; and though the Normans were dissatisfied with this cliarter, and succeeded in getting a second one some montlis later, they gained nothing on this point.* * IiAmberi, AnoUnnei Lois Friui^aiiM, III. 1S1, 00. 06. ■ OrdonnanM, l^ Arril 1316, ari. zix. (Ibid. III. 58), "Nisi pro dioto orimiDo Imo majesiatis, rp\ alio oasn speoiiillUr a Joro pormisso, do qao haboatnr TchemoDs sospioio oontra eom." Tliewbolo olauso is borrowed from ibe Roman law, which maj bavo reooooilod Louis's legal advisors to ii. li is DoUworthy as oontaioing the first introdnetioo of the crime of l<be> mnjest6 into French jurisprndeooe, thus markiog the triumph of oivU over feudal law. * Oart. Norman i. Mar. 1316, oap. zi. Cart. ii. Jul. 1316, eap. zv. (Ibid. 61, .100). Quod In dioto duoatu nnllus homo liber qnststioneUir, nisi ve^ bemens prsssumpUo ipsnm reddat luspectnm do orlmine oapitali, et tuna RBBI8TAN0B OF FBUDALtSM. 841 The ofllcinl docnmenta concerning Champagne have been prcscrrcd to ns more in detail. The nobles of that proTinoe complained that the royal preydts and seijeants entered upon their lands to arrest their men and private persons, whom thej then tortured in defiance of their customs and privileges (^'contre lenrs coustnmes et libertez"). To this liouis promised to put an end. The nobles Airther alleged that, in contravention of the ancient usages and customs of Cimmpngno (^^contro les us et coustnmes encicns de C^hampaigue*'), the royal oHIcers presumed to torture no- bles on suspicion of crime, even tliough not caught in the act, and without confession. To this, Louis vaguely re- plieil, that for the future no nobles should be tortured, except under such presumptions as might render it proper, in law and reason, to prevent crime from remaining un- punislicd; and tlmt no one should Ix; convicted unless confession were perseverc<l in for a sufTlcicnt time after tor- ture.* This, of course, was anything but satisfactory, and the Champenois were not disposed to accept it, but all that they could obtain after another remonstrance was a simple re|)etition of the promise that no nobles should bo tortured exce])t under capital accusations.' The struggle apparently continued, for, in 1319, we find Philippe-lo-Long, in a charter granted to Perigord and Quercy, promising that the pro- ceedings preliminary to torture should be had in the pre- sence of both parties, doubtless to silence complaints as to the secret character which criminal investigations were assuming." UUUr qvoii propter grmvlUtem ionseiitorvfli mtrt Ml mvUtaUo aon m- qafttnr. ■ Ordonn. Mai 1315, art. v. xW. (Dovrdot d« niehebovrK. III. SS3-4). * Ordonn. Man ISI6, art is. (Ibid. p. SS5.) This ordonnanoo ii looor- reetly daUd. It wai Innod toward! tbo ond of May, f nbtoqnentiy to tho abofo. ' Onlonn. Jnl. 1.1IOart.ixn. (Tmmbort III. tl7). Yolnmaf et eoneodlmnfl genoroM diotb noblUbof dieto lonoMaUie, qnod tonotoballni ot alii ofletalot 29* 34S TORTUEB. The Qse of ioiiiiie was thus pemumently estaWalied in the Jadicial machinery of France, as one of the incidents in the gieat rerolution whidi destroyed the fi»idal power. Even yet, however, it was not nniverBal, especially where conunnnes had the aliili ty to preserve their frandiiaes. Coont Bengnot has pui^ished, as an appendix to the ^ OUm," a col- lection known as the ^ Tout Lieu de St. Dizier," consisting of 814 decisions of doubtful cases relbrrod by the magistrates of St. Dizier to the city of Yjires for solution, as they were bound to do by their charter. The cases date mostly from the middle third of the fourteenth century, and were selected as a series of established precedents. The fact that, through- out the whole series, torture is not alluded to in a single instance shows that it was a form of procedure unknown to the court of the escfaeyins of St. Dizier and even to the superior Jurisdiction of the bailli of their suzerain, the Seig- nieur of Dampierre. Many of these cases seem iieculiarly adapted to the new inquisitorial system. Thus, in 1335, a man was attacked and wounded in the street at niglit. A crowd collected at his cries, and lie named the assailant. No rule was more firmly established than the necessity of two impartial witnesses to Justify oondemimtion, and Uic authorities of St. Dizier, not knowing what course to take, applied as usual for instructions to the magistrates of Tpres. The latter defined the law to be that the court should visit the wounded man on his sick-bed and adjure him by his salvation to tell tlie truth. If on this he named any one and subsequently died, the accused should be pro- nounced guilty ; if, on the other hand, he recovered, then the accused should be treated according to his reputation; that is, if of good fame, he should be acquitted ; if of evil repute, he should be banished.* No case more inviting to nottri aliquot qnasfiioniboi non rapponaiii, tbiqot pronnniiatioM mb mo- UbUa in prmeniia parilun per 909 proferoD<U. ' TootLittt d« Baint DUier dap. eelzzti. (Olim T. II. Append, p. 856). The eharter of 8i. Dtsier dlreeta tliai all eaaei noi Uierein speoially proTlded RESISTANCE OF THE COMMUNES. 843 the theory of torture could well Ix) imagined, and yet neither tlie lionoAt htirglicrs of 8L Dizier nor the powerful magnates of Yiircs seem to have entertahied the idea of its applica- tion. So, again, when the former inquire what proof is sufllcicnt when a man accuses another of stealing, the answer is tliat no cviclciice will convict, unless the goods allogcfl to Ite stolen are found in tlie iK>ssession of the accused.* The wealthy city of Lille equally rejected the process of torture. * The laws there in force, about the year 1350, prescrtlic tliat in homicide cases conviction ought to lie liase<l u]K)n absolute evidence, but where this is unat- tainable, titen the Judges are allowed to decide on mere opinion and liclicf, for uncertain matters cannot he rendered certain.* In such a scheme of legislation, the extortion of a confession as a condition precedent to condenuiation can evidently And no place. Attempts to intro<lnce torture in Aqnitaino were appa- rently made, but they seem to have l>cen resisted. In the Coutumier of Bonleaux during the fourteenth century there is a significant declaration that the' sages of old did not wish to deprive men of their lilierties and privileges. Tor- ture, theref<»re, was prohibitcfl in the case of all citizens except those of evil repute and declared to Iw infamous. The nearest approach to it that was pennitte<l was tying the hands l^ehiud the back, without using pulleys to lift the accused from the ground." far •haU b« dee M ad M^ordinf to th« evrtomi of TprM. For two hand red and iny jMirp, iberefort, whenorrr llic MeboTln* of Ibo llUlo town of 01iom> |iiiieiio felt At A lofff, thoj roferrod the natlor to tbolr lordlj nelghbon of Flfuiditm. All to a eovrt of iMt appoal. ' fhi«l. e»p. celitllK * Roipin, Fninehiwi, Lob ot Coatanoa dc Ltllo. p. 119. Thai "on paoi et dolt deniAiider do voir ot do oir." bat wboa tbio It Inpowiblo, "ov dolt ot paot blon dtmondor ot onqoorro do oroiro ot oaMior. Bt loar erolro ot »oar oaldlrr ofooo an vcrtUt opnront do voir ot d*olr, ot ovooo romooblile opiinint, on pnot bloo Jogior, lono rofogo naohyon, onr d'oooaro folt oooaro vtritot.'* " Rabnnlo, Ktvno Ulft. do Droit, 1S6I. p. 515.— No Tolgoron loo nrlt onliqnMnont qa*om porgnmA m fninqnrokA nl mi llborUt. 344 TORTUHS. By this time, however, places where torture was not used were exceptional. By a document of 1359, it appears that it was the custom to torture all malefactors brought to the Oh&telet of Paris,* and though privileged persons constantly endeavored to exempt themselves from it, as.the consuls of Yilleneuve in 1811,* other privileged persons as constantly sought to obtain the power of inflicting it, as shown in the charter of Milhaud, granted in 1369, wherein the consuls of that town are honored with the special grace that no tor- ture shall be administered except in their presence, if they desire to attend." At the end of the century, indeed, the right to administer torture in cases wherein the accused denied the charge was regularly established as incident to the possession of haute Justice/ Even in Germany, the citadel of feudalism, the progress of the new ideas and the influence of the Roman law had spread to such an extent that in the Golden Bull of Charles lY., in 1856, there is a provision allowing the torture of slaves to incriminate their masters in cases of sedition against any prince of the empire ;* and the form of expres- sion employed shows that this was an innovation. In Corsica, at the same period, we And the use of torture fully established, though subject to careful restrictions. In ordinary cases, it could only be employed by authority of the governor, to whom the Judge desiring to use it transmitted all the facts of the cose ; the governor then issued an order, at his pleasure, prescribing the mode and ' Du Cango s. ▼. QucutionariiiM. * Leitars grftntiog •zempiion from iorinre to the oonsnli of VilloneaTe for any crimei oouiinltUd hj them wero iMued in 1.171 (iMUubori V. 352). Tbeie f*vori generally ezoepied the oaae of high trooaon; ' Du Oange i. ▼. Qututio No. 8. * Pour denier metiro & queaHon et tourment. — Jean Dosmarre*, D^ctelonn, Art. 295 (Du Boys, Droll Oriininel II. 48). * In hao eaura In eaput domlni servoa torqneri lUiulmoe, id eei, propter canaam faction is.— Bull. Anr. onp. zziv. ^ 9 (Qoldaat. I. 305). 00R8I0A — YKNICB — TfUNaAllY. 845 cloprreo to which it mip^ht bo applied.* In canes of trcaaon^ liowGvcr, thcAO liniitatioiifl were not observed, and tho accused was ]ia1}lo to its infliction as far and as often as might be found requisite to effect a purpose.' Tlie iieculiar cliaracter of Venetian civilization made torture almost a necessity. Tlie atmosphere of suspicion and secrecy which surrounded every movement of tliat republican dcR|>otism, the mystery in which it delighted to sliroud itsdff and the pitiless nature of its legislation con- spired to render torture an indisi)ensablo resource. How freely it was administered, esi)eciaHy in political affairs, is well illustrated in the statutes of tho State inquisition, where the merest suspicion is sufficient to authorize its application. Thus, if a senatorial secretary were observed to l»e more lavish in his exi)euditures than his salary would apiioar to Justify**, he was at once susi)ecte<l of l)eing iu the pn3' of some foreign minister, and spies were ordered on his track. If he were then simply found to bo alment from his house at undue hours, ho was immediately to l)0 seized and put to tho torture. 80, if any one of the in- numerable secret spies employe<l by tho inquisitors were insulted b}' lieing calleil a spy, the offender was arrested and tortured to ascertain how ho had guessed the character of the emissary.* Human life and human suffering were of little account in the eyes of the cold and subtle spirits who moulded the i)olicy of tho mistress of the Adriatic. Other races adopted the new system less readily. In Hungary, for instance, the first formal embodiment of tor- ture in the law occurs in 1514, and though tho terms em- ployed show that it had l>een previously use<! to somo extent, 3'et the restrictions laid down manifest an extreme Jealous}- of its abuse. Merc suspicion was not sufllcicnt. To Justify its application a degree of proof was requisite which was almost competent for condemnation, and the ' SUtvL Criminall eap. xW. (Or«sor), SUtvtl di Oonleft p. 101). • IbM. «ap. U. (p. 1S.1). * SUialf do rinqatiilion d*KUt, 1* 6op^ 44 SO, SI (Dtra). 846 TonTUiiK. nature of this evidence is well exemplified in the direction tiiat, if a Judge liimsolf witnessed a murder, lie could not order the homicide to bo tortured unless there was other sufficient testimony, for he could not be both witness and Judge, and his knowledge of the crime belonged to his private and not to his Judicial capacity.^ With such refinements, there was little danger of the extension of the custom. In Poland, torture does not make its appearance until the fifteenth century, and then it was introduced gradually, with strict instructions to the tribunals to use the most careful discretion in its administration." In Russia, the first formal allusion to it is to be found in the Oulageni^ Zakon- off, a code promulgated in 149t, by Ivan III., which merely orders that persons accused of robliery, if of evil repute, may be tortured to sup[)ly deficiencies of evidence ; but as the duel was still freely allowed to the accused, the use of torture must have been merely incidental." From another source, dating a1)0ut 1530, we learn that it was customary to extort confessions fh>m witches by pouring upon thoui from a height a small stream of cold water; and in cases of contumacious and stubborn criminals, the finger nails were wrenched off with little wooden wedges.* Still, torture * Synod. Rag. nnn. 1514, Proom. (Baithyanl Legg. Booles. Hung. I. 674) —"Nam ai Jud«z •x fenastra prmiorli t«I domni auiBi intueatttr nnuiu qaoin- piam iDtorfloUndum, •% quoniam hoe homioidiam, rel noo defertor in Judl- oium, Tel delatnm non probainr, oi Judex Toluerii homloidam do MipM tub- Jioore toriurio, ut voritai p«r iUiui oonfogtioncni oUeialur, eerU non polorit. Sola oniin judioii Mitntia ad hoc non lufficit ut ad ioriaram rons dorenlat, quttm Ipie lUnd noteiai ut Judex, led ut privata persona, nee ipeinf tesil- monlum in hae parte valet, qnnm In nnum et eadem eauta nemo potest esse et testis et Judex : igitur aliunde est edooendns, vel per testes vel alia docn- menta, ut possit torqnere oriminosum." Aeoording to some authorities, this was a general rule — ** Judex quamrls Tiderit oommltti delictum non tamen potest sine alils probationibus reum torquere, ut per Bpeeul. eto." — Jo. Bmeriol a Rosbaoh Process. Criminal. Tit. v. cap. r. No. 18 (FraQOof. 1A46). ■ Du Boys, Droit Criminel, I. 650. " Bsneaox, Hist, de Russie, III. 236. . * Paall Jovii Mosohoria. — ^This Is a brief account of Rnssia, compiled about the year 1530, by Paulus Jovius from his conversations with Dmitri, am- TIIS INQUIBITOBIAL PB00E88. 847 makes but Ititlo show in tho subsequent codes, such as tho Soiidebtnick, issued in 1550, and the Soboraoid Oulagenid, proinulgnted in 1648.* In fact, tlicse regions were still tto barbarous for so civilixcd a process. Returning to Central and Western Europe, which during this period had advanced with such rapid strides of enlightenment, wo find tho inquisitorial process of torture attaining a ix>rtentous importance as the groundwork of all criminal proceilure, and its adminis- tration prescribed with the most careful and minute preci- sion. iMMttdor to OlemtBl VII. from VmIH V., Sni Bmporor of Riitti». OImu If iigiitta. In iho priUo of hli Morthern blood, looks apoa thla ■■ m iluider on Ihe hiirdihood of the rnggod Ran — ** hoe eellieel pro terrlbili tormento In ea darlMlma Rente repvtari, qnn flnmmla oi eenlob adhiblMf, tU, vl neta rerelet, tuntillttlnm eommoTetar/* and he broadlj binte that the wllj ambas* mdor amniied himeelf hj hoaxing the lofl Italian : ** Red revera toI Indibrioee bonne priceal a rervato If nseovUioi principle nnntlo Demetrlo dielo, tempore Clemontlfl VII. InforraatneettRoraM.*' (Gent Septent. Hlai. Brev. Lib Xf. e. xxtI.) The worth j arehblshop donbtleai epoke of hie own knowledge with renpeet to the ofo of the raek and Are In Russia, hot the eontempl he displays for the torture of a ttreem of water is ill-founded. In our prisons, the punishment of the shower-bath Is found to bring the moot refractor/ ehnraeters to obedience in an inoredibly short Ihne, and Its vnJuHlflsble sererlt/ In a elTlliied ago like this may be estimated from the faet that il has oecsslonally resulted in tho death of the patient. Thus, aft tho N. Y. State Prison at Anbnrn, in December, 1858, a stout, health j man named Semoel Moore, was kept In the shower-bath from a half to three-quarters of an honr, and died iilmost Immedintely aHer being taken out A less Inhumane mmie of ndmlnittering the punishment Is to wrap the patient in a blanket, la J him on his beck, iind, from a height of about six feet, pour upon his fore* head a stream from an ordinarj watering-pot without the roee. According to experts, this will make tho stoutest orimlnal beg for bis lUb in a few seenn<ls* During tho later period of our recent war, when tho proTalenoe of exagge- rated bounties for recruits led to an organised system of deeertlon, tho nuigni- tude of the crll seemed to justify the adoption of almoet any means to arreet a practice whioh threatened to rapidly exhaust the resources of the country. Acconlingly, tho shower-bath was ocean itmally put Into requisition by the mtlilary anthoritim to exlurt eoiir«>:'sion from Ktifiiprtcd deserters, when legal et Idence was not atlainnble, and It was found exceedingly elllcacious. ' Ihi Doyr, op cil. 1. AIR. 848 TOBTUBI. i Allusion has already boen made to the inflacnce of the inquisition in introducing the use of torture. Its influence did not cease there, for with torture there gradually arose the denial t04|the accused of all lair op|M)rtunity of dcibndipg himself^ and the system of secret procedure which formed saimportant a ix>rtioa of the inquisitorial practice. In the ola feudal courts, the prosecutor and the defendant appeared in person. Each proiluced his witnesses; the case was argued on both sides, and unless the wager of battle intervened, a verdict was given in accordance with the law after duly weighing the evidence, while both par- ties were at liberty to employ counsel and to a[>|)cal to the suzerain. When St. Louis endeavored to abolish the duel and to substitute a system of inquests, whidi were neces- sarily to some extent ex parle, he did not desire to witli- draw from the accused the legitimate means of defence, and in the Ordonnance of 1254 he expressly instructs his officers not to imprison the defendant without absolute necessity, while all the procectlings of the hiquest are to lie couimuni- cateil iVeely to hun.* All this chaugcil with time and the authoritative adoption of torture. The theory of the iuciuisi- tion, that the suspected man was to lie hunted down and entrapped like a wild beast, that his guilt was to lie assumcfl, and that the efforts of his Judges were to be directed solely to obtaining against him sufUcient evidence to warrant the extortion of a confession without allowing him the means of defence — ^this theory became the admitted base of criminal jurisprudence. The secrecy of these inquisitorial procceil- ings, moreover, deprived the accused of one of the great safeguards accorded to him under the Roman law of tor- ture. That law, as we have seen, required the formality of inscription, by which the accuser who failed to prove his ' Staiot. 8. LttdoT. ann. 1264 44 20, 21. (iMmUrt I. 270)— Bk quia in dioiis aeneM»lliu a«cunduiu jura ei ierre oonsueiudineiu fit inquuiiio in oriminibui, volttmus et ninndiiuus quod reo p«t«Dii acta inquiiiUonin Ira- danlur ex iniegro. 8B0RB0T or PBO0BBDINO8. 849 charge was liable to the lex ialianisj and in crimes which involved torture in the investigation, he was dnljr tortured. This was imitated by the Wisigoths, and its principle was admitted and enforced by the Church before the introduc- tion of the Inquisition had changed its policy ]* but modem KnrofK, in borrowing from Rome the use of torture, com- bined it with the inquisitorial process, and thus in civilised Christendom it speedily came to be used more recklessly and cruelly than ever it had been in pagan antiquity. In 1498, an assembly of notables at Blois drew up an clalK>rate ordonnance for the reformation of Justice in France. In this, the secrecy of the inquisitorial process is dwelt upon with peculiar insistance as of the llrst import- ance in all criminal cases. The whole investigation was in the hands of the government ofllcial, who examined every witness bj' himself, and secretly, the prisoner having no knowledge of what was done, and no opportunity of arranging a defence. After all the testimony procurable in this one-sided manner had been obtained, it was dis- cussed by the Judges, in council with other persons named for the phrpose, who decided whether the accused should be tortured. lie could be tortured but once, unless fresh evidence meanwhile was collected against him, and his confession was read over to him the next day, in order that he might alTlrm or deny it. A secret deliberation was then held by the same council, who decided as to his fate.* ' Tb«i Oratlaa, In ih« middle of lb* iweUUi eentary—** Q«l ealomnlMt llUImn Bon |)rob«t pcBnam deb«l Inearrere qaam ■! prob«M«l r«M vUqae fvtiiner«t.**— I>c«r«ti P. ti. e«ai. t. qustt. 6, •. S. • Ordoiiii«ne«, Men 1498, H 119-1 16 (Innb«H, XI. 866.~PobImob, T. 701). II would M«m tbal tbe only lorkire eonUmplnied by thli ordonnanM wu Ui»i of WAter, m tbe cl«rk If diroeUd to r«eord *' la qoftntllA do !>«• q«*OB Mira ballUo aadit prisoDoi«r.** Thb wm udmlnlMorod by ffAgglng tbo pBiicnl. «Dd poaring wftUr down bta ibroal nntU ho wm onormontlj dUUndod. It WM tomoilMM dlrordSod by mnking blm ojoot tbo wntor vidontly, by forolblo blowi on Ibo ftomaeb. V. I>« Cftogo •. ▼. Gaggan, 80 850 TOBTUBB. This croel system was still farther perfected by Francis L| whO| in an ordonnance of 1589, expressly abolistied the inconvenient privilege assured to the accused by St. Louis, which was apparently still occasionally claimed, and di- rected that in no case should he be informed of the accu- sation against him, or of the facts on which it was based, nor be heard in his defence. Upon examination of the es parte testimony, without listening to the prisoner, the Judges ordered torture proportioned to the gravity of the accusation, and it was applied at once, unless the prisoner appealed, in which case his appeal was forthwith to be decided by the superior court of the locality.* The whole process was apparently based upon the conviction that it was better that a hundred innocent persons should suffer than that one culprit should escape, and it would not be easy to devise a course of procedure better fitted to render the use of torture universal. But even this was not all. Torture, as thus employed to convict the accused, became known as the question pri- parataire^ and, in defiance of the old rule tliat it could be applied but once, a second application, known atf the queB- tion definitive or pr^alable^ became customary, by which, after condemnation, the prisoner was again subjected to the extremity of torment in order to discover whether he J^ad any accomplices, and, if so, to identify them. In this BomeilmM a piae« of ololh wu vied to eoodvel tho wator down hia Uiroat To Ihli, allniion ia mado in tho ** Appel de VUlon :"— <* Se Aiaae doi hoira Hue O»pol Qui Alt eztraiei d« bouehario, On no m'aoal, fMirmy oe drapol, Faiot bojro k coUo oaeorcherie." (Bvroa da VUlon, p. 810, id. Prompaanlt, Parla, 1834. > Ordonn. do ViUara-OoiUrala, AoOl 1539, fi 162-164 (laambart, XHI. 633-4). *'OaUni ai aboliaaani tona aiylaa, naanoaa on eoatomaa par lea- qnala laa aooaa4a aToiont aoooninni4a d'ltra oula an Jagamant ponr a^avotr a*ila daToianI lira aconaAi, ai k eaita fin aroir oomnonioaiion dai faila ai ariielaa oonoamani laa orimaa ai dAila doni ila 4ioiani aeoaa4i." ' OLASSiriOATION. 861 dotestablo pmctioo we find another instance of the unfor- tunate influence of the Inquisition in modifying the Roman law. The latter expressly and wisely provided that no one who had confessed should be examined as to the guilt of another ;* the former regarded the conviction of the ac- cused as a worthless triumph unless he could be forced to incriminate his possible associates, and the lawyers fol- lowed eagerly in its footsteps. Torture was also gcnerically divided into the question or- dinaire and extraordinaire — a rough classification to pro- portion the severity of the infiiction to the gravity of the crime or the urgency of the case. Thus, in the most usual kind of torment, the strappado, popularly known as the Moine de Caen, the ordinary form was to tie the prisoner's hands behind his back with a piece of iron between them ; a cord was then fastened to his wrists by which, with the aid of a pulley, he was hoisted iVom the ground with a weight of one hundred and twenty-five pounds attached to his feet In the extraordinary torture, the weight was increased to two hundred and fifty pounds, and when the victim was raised to a sufficient height, he was dropped with a Jerk that dislocated his Joints, the operation being thrice repeated.* Thus, in 1549, we see the system in tall operation in the case of Jacques de Coney, who, in 1544, had surrendered Boulogne to the English. This was deemed an act of treachery, but he was pardoned in 154T ; yet, notwithstand- ing his pardon, he was subsequently tried, convicted, con- demned to decapitation and quartering, and also to the question extraordinaire to obtain a denunciation of his accomplices.* * Kemo Ifilmr de proprlo erimla* aoaltoBtom raptr MmMtoatfai Mnrtttvr tlWM^Oowl. 17 Ood. iz. H. (Hoaor. 4SS). * OMrvel, Piei. HIti. 4— latilUiloM t la. d« la 7nuM«. p. lift (Pftrit, 1865). * iMMBbari, XIV. 88. BMearU •wnmvnto •■ tb« ftbrardlly of Uili ff* •••ding, M Ihoagh a mM wIm had aeeiMd bInMlf would nak« mij dIS* f 852 TORTUBI. When Louis XIY., under^th^^ inspiration of Oolbert, remoulded 'the 'Jurisprudenoo of France, various reforms were introduced into the criminal law, and changes both for better and worse were made in the administration of torture. The Ordonnance of 1670 was drawn up by a committee of the ablest and most enlightened jurists of the day, and it is a melancholy exhibition of human wisdom when regarded as the production of such men as Lamoig- non, Talon, and Pussort. All preliminary testimony was still ex parte. The prisoner was heard, but he was still examined in secret. Lamoignon vainly endeavored to ob- tain for him the advantage of counsel, but Colbert obsti- nately refused this concession, and the utmost privilege allowed the defence was the permission accorded to the judge, at his discretion, to confront the accused with the adverse witnesses. In the question priliminaire^ torture was reserved for capital cases, when the proof was strong and yet not enough for conviction. During its application it could bo stopped and i*csumed at the plcasuro of the judge, but if the accused were once unbound and removed from the rack, it could not be rc|)eated, oven though addi- tional evidence were subsequently obtained.^ A now fea- ture of the law, however, which was equally brutal and eullj in MOttiing othera. — *' Quasi ohe I'vomo ehe Moata a4 iteMO, non aoasi pitt fkoilmente git altri. B egU glosfco U tormentore gli nominl p«r ralirai delitio7*>~Dei D«lilU e dolle Pene, f Zii. * TheM reairioiionf were yery weU in prinelplo, bnt in praotioe ihey offered HtUe real proteoiion to the aoonsod. Judges intent on procuring a oonvio- tion found no diffieulty in eluding them. A eontemporary, whose Judioial poeition gare him erery opportunity of knowing the truth, remarki : ** lis ont trouT^ une differenoe du mot, et venlent que puisqu'il n'eti pas permis de riitirtr la torture, il soit permis de la conttnusr, quoiquHl y ait eu trois jours entiers de sursdanoe, que si le paUent par bonheur on par miraole a'est pas mort dans oes redoublements de douleurs, ils ont trouvi la dunense iuTon- tion de fwnvMux iwlieet sttrveuus, pour I'y ezposer tout de nouTeau sans y fa ire fin. Par oe moyen ii% ont rendu illusoire T intention de la Loy, qui Teut qu*on (kut fin de oes oruautes par un renvoy du patient qui a souffert aans oonfesser on sens conflrmer sa eonfession hors de oes tourments." — Nioolas, Dissert, morale et Juridiqne sur la Torture, p. Ill (Amsterd. 1082). OAROLINB OONSTITUTIONS. 858 illogical, was that which authorized the employment of torture **avec r&erve dea preuvea." When thia waa decided on, the silence of the accueed under torment did not acquit him, though the whole theory of the question lay in the necessity of confession. He simply escaped the death penalty, and could he condemned to any other punish- ment which the discretion of the judges might impose, thus presenting the anomaly of a man neither guilty nor inno- cent, relieved from the punishment assigned hy the law to the crime of which he had been accused, and condemned to some other penalty without having been convicted of any offence.* The cruel mockery of the question prMable waa retained,* and in this composite form, torture remained for ^ more than a century an integral part of the Jurisprudence of Prance. In Qermany, torture had* been reduced to a system, in 1532, by the Emperor Charles Y., whose *' Caroline Consti- tutions" contain a more complete code on the subject than had previously existed, except in the records of the Inqui- sition. Inconsistent and illogical, it quotes Ulpian to prove the deceptive nature of the evidence thence derivable; it pronounces torture to be ** res dira, corporibus hominum admodnm noxia et quandoque lethalis, cui et mors ipsa prope proponcnda -/" in some of its provisions it manifests extreme care and tenderness to guard against abuses, and yet practically it is merciless to the last degree. Confes- sion made during torture waa not to be believed, nor could ' TiM praailcAl working of tiiit ijtUm it excmpliltd hy a waU m t of Ibo OmH of OrMoM Im lT4t, hy whieh a maa naai«d BarboroMM, fro« wbo« ■oeoafMtloB ka4 boon oxtortod, waa oondemood lo Ibo galloyf for lifo, booaa»o, at Uio teaUnoo r«ad, bo wat aivmgty $H^Mt§d of prtmoditaUd •ardcr.— L*Oboloar, Lot Crlnofl oi lot Polnot, pp. iOS^T. • Ordoaaaaoo Orinlaol d*Aoftt 167t, Tit alv. xU. (Itamborl, SIX. SM, 4IJ). " Ltffg. OaplU]. Oaroli V.o. Is.. Wlii. 80* 854 TORTURE. a conyictiou l)0 based upon it ;* yet what the aceused might coufeas after being removed from torture was to be i-eceivcd as the deposition of a dying man, and was full evidence.* In practiee, however, this only held good when adverse to the accused, for he was brought before his judge after an interval of a day or two, when, if he confirmed the con- fession, he was condemned, if he retracted it, he was at once thrust again upon the rack. In confession under tor- ture, moreover, he was to be closely cross-questioned, and if any inconsistency was observable in his self-condemna- ' tion the torture was at once to be redoubled in severity.* The legislator thus makes the victim expiate the sins of his own vicious system; the victim's sufferings increase with the deficiency of the evidence against him, and the legislator consoles himself with the remark that the victim has only himself to thank for it, " de s6 tantum non de alio quceratur." To complete the inconsistency of the code, it provided that confession was not requisite for conviction ; iri'efragable external evidence was sufficient ; and yet even when such evidence was had, the Judge was emi>owered to toiture in mere surplusage.* Yet thera was a great show of tender consideration for the accused. When the weight of conflicting evidence inclined to the side of the prisoner, torture was not to be applied.' Two adverse witnesses, or one unexceptionable one, were a condition precedent, and the legislator shows that he was in advance of his age by ruling out all evidence resting on the assertions of magi- cians and sorcerers.* To guard against abuse, the impos- * Ibid. 0. zz« Bk, vi mazime fiat, ream per eonlei erooiaiuf orimen fitter!, ejnamodl tamen oonfeMioni minime genUum oredendum ei multo miniu ■•DkeniiA ferendA Mt. * Ibid. 0. Ivili. Neqa« iis, qnaa mediia profandent rei eraoUtibm, eredel; fed tin demnm, qose reeens qncMtioniboa ezeiupii indieabnnt et eoofltobantur, persoribeniurqu* Unqnam ea qnsB morienittm ad Teritoila inTuiigaUonem sint Allaiurft. * Ibid. 0. \v., Ivi., lyU. * Ibid. 0. xxU , Iziz. * Ibid. 0. zzviii. * Ibid. o. zziii., zzi. MODBBN OBRUANT. 856 siblo cflbrt was made to define strictly the exact quality and amount of evidence requisite to Justify torture, and the most elaborate and minute directions were given with respect to all the various classes of crime, such as homicide, child-murder, robbery, theil, receiving stolen goods, poison- ing, arson, treason, sorcery, and the like ;* while the Judge administering torture to an innocent man on Insufllcient grounds was liable to make good all damage or suflfering thereby inflicte<l.* The amount of torment, moreover, was to be pro|>ortioncd to the age, sex, and strength of tlie patient ; women during pregnancy were never to be sub- jected to it ; and in no case was it to be carried to sucb a point as to cause permanent ii^ury or death.'. Cliarles Y. was too astute a ruler not to recognize the aid derivable from the doctrines of the Roman law in his scheme of restoring the preponderance of the Kaisersbip, and he lost no opportunity of engrailing them on the Juris- prudence of Germany. In his Criminal Constitutions, how- ever, he took care to embody largely the legislation of his pre<1ccc8sors and contemporaries, and though protests were uttennl by many of the Teutonic princes, the code gradually became to a great extent part and parcel of the common law of Germany.* A fair idea of the shaiKS assume<1, under these influences, by the criminal law in its relations with torture, can be obtained by examining some of the legal text-books which were current as manuals of practice from the sixteenth to the eighteenth century.' As the several • Len. C«plUl. Carol. V. c. uzUL-zHv. • Ibid. e. xs. Jsl. • Ibid. e. IflU., lis. AMOMUat, ti parfevliiB tit. m taUr ▼•! port tor- inoiiU ob ▼■lii«ra expiroli ea orU lorqaondsf oit, no qvM doBBi oooipiai. • lUlnMoU niti. Jar. CW. Lib. ii. f f ow. tqq. • My prinei|ioi aathoritlof oro throo :— I. •* TrMtiitoi d« QamtlAiilbof ■•■ Toriorif Rconim,** pvbllnhod In 15M bj Johann Sangor of WilUaiborg, a e«l«braUd Joriteoaralt of ibo Uaio, and fraqoenUj reprintad. Uj odliioa if ibat of 17M, wiUi Botat by tiia laamad Baroa Banekanbari^. II. ** Praaliea Crlmlnalli, mo Proeamoa Jadieiarloi ad nanm ai eonioa- 8o6 TOBTURI. authors of these works all appear to condemn the principle or to lament the necessity of torture, their instructions as to its employment may safely be assumed to represent the most humane and enlightened views current during the period.' It is easy to see from them, however, that though the provisions of the Caroline Constitutions were still mostly in force, yet the practice had greatly extended itself, and that the limitations prescribed for the protection of innocence and helplessness had become of little real effect Upon the theory of the Roman law, nobles and the leieirned professions had claimed immunity from torture, and the Roman law inspired too sincere a respect to permit a denial of the claim,' yet the ingenuity of lawyers reduced the privilege to such narrow proportions that it was prac- tically almost valueless. For certain crimes, of course, such as majeatasj adultery, and incest, the authority of the Roman law admitted of no exceptions, and to those were speedily added a number of other offences, classed as crimina excepla or ne/andaj which were made to embrace almost all offences of a capital nature, in which alone tor- ture was at any time allowable. Thus, parricide, uxoricide, Ivdineiii Jadiolorain in GermaniA hoo temporo freqaentiorom," bj JobMin Bmerieh yon Botboch, published in 1646 at Frankfort on tbe Mayn. in. ''Traoiaiio Juridioa, da tJan ei Abnau Tortara," by Ilelnrioh von Boden, a diasortaiion read at Halle in 1697 and reprinted by Benekenberg in 1780, in eo^Jnnotion with the treatlte of Zanger. *■ Com nihil tarn MTerum, tam orndele et inhamannm Tideatnr qnam horn* inem eondltum ad imaginem Dei .... tormentia laeerare et qoaai exoarnifl- oare eto.— Zangeri Traot. de Qaaoatlon. oap. i. No. 1. Tormentia humanitatia et religionia, neenon Juriaoonaultorum argumenta repngnant. — Jo. Bmerioi a Boabaoh Prooeaa. Orlmin. Tit. t. o. tz. No. 1. Saltern horrendoa tortnra abaaoa oatendlt, qno miaeri, do faoinore aliquo anapecti, fere infernalibna, et ei fieri poaait, plaaqaam diabolieia eraoiatiboa exponnntnr, nt qui nuUo legitimo probandi mode oonvinoi poterant, atroei- tate eruoiatnnm eontra propriam aalniem eonfiteri, aequo ila deatrnere aiTO Jure aiTO injuria, eogantur. — Henr. de Boden Traet. Prafat. * Zangeri eap. i. No 49-68. MODBBN OBBMANT. 86T fratricide, witchcraft, sorcery, connterfeiting, theft, sacrilege, rape, arson, repeated liomicide, etc., came to be included in the exceptional cases, and the only privileges extended in them to libblcs were that they should not be subjected to «« plebeian'! tortures.* In Catholic countries, of ootlrse, the clergy were specially favored. The torture inflicted on them was lighter than in the case of laymen, and proof of a much more decided character was required to Justify their being exposed to torment.* Slight as were the safeguards with which legislators endeavored to surround the employment of torture, they became almost nugatory in practice under a system which, in the endeavor to reduce doubts into certainties, ended by leaving ove.rytliing to the discretion of the Judge. It is instructive to see the parade of insisting upon the ' Kangorl eiip. i . No. 59-88. — Rnlpmhlld, In hif rolnmineiif ** TtmI. do NobiUUlo" (Campodan. 1693), while ondoavoring lo ozali to Ibo viaoot iho privit«goi of tho BobltUj, both of Iho iwoid and robo, it obllgod lo admit Iboir llabllitj to tortvro for Ibot • orlmof , and onlj vrgot Ibat tbo prollmlnarj proof fhonid bo stronger than In tbo eaio of piobotona (Lib. ii. cap. Ir. No. 108-1 SO) ; thoagb. In otbor aoenaaUoni, a jndgo nbjeoting a noblo to iortnro abonid bo p«t to doath, and bta attompt to eommlt anob an ontragc eonid bo retlatod by foree of armt (Ibid. No. 103). IIo adds, boworor, Ibal no apoolal privtUgof ozblod In Vranoo, Lombardy, Vtaloo, Italy, and Basony (Ibid. No. lOft-7). Ai oarly aa 1514, 1 Ind an Inatanoo wblob abowa bow lltUo prolootlon waa aSbrdod by tbooo privllegoa. A oortain Dr Bobonaan, a oltlaon of good ropnto and syndlo of Brfnrt, wbo botb by poaltlon and profofolon botongod to tbo txeepled elaw, wbon brought np for iontoneo on a obargo of oon* fplrlng to betray the olty, and warned that bo eonId rotraot bit eonfeaalon, eztraotod nnder tortare, patbetleally roptled— '* Dnrlng my ozaalnnllon, I waa at ono lime ttretchod npon tbo raak for tlz honra, and at another I waa ilowly hnmed for eight bonra. If I rotraot, I iball bo ozpoeod to tboaa tormenta again and again. I had rathor dio*'— and be waa dniy banged. (Brphnrdlanna Varlloqaaa, ann. 1514.) * Bmor. a Roebaob Prooeaa. Crlmln. Tit t. oap. xIt. Ai an Ulwlmtlon, von Roebaob itatee that If a laynMn b foand in the home of a protly wonmn, moot anihora eoneider the feet enileient to Joetlfj tortnro on tho ehargo of adoltery~*'boe tamen fallit In eaeerdote vol preebytoro, qni it Binlloro« ampleiotnr, praNnmltnr Ikoero eanea benedicendi.** 858 TOETOEI. neoessitj of Btrong preliminaiy eyideiioe,* and to read the elaborate details as to the exact kind and amount of testi- mony severally requisite in each description of crime, and tiien to find that common report was held sufficient to Justify torture, or unexplained absence before accusation, preyarication under examination, and even silence; and it is significant of fearM cruelty when we see Judges solemnly warned that an eril countenance, though it may aigue de- prayity in general, does not warrant the presumption of actual guilt in individual cases f though pallor, under many circumstances, was considered to sanction the ^plication of torture.* Subtle lawyers thus exhausted their ingenuity in discussing all possible varieties of indications, and there grew up a mass of confused rules wherein, on many points, each authority contradicted the other. In a system which thus waxed so complex, the discretion of the judge at last became the only practical guide, and the l^al writers them- selves acknowledge the worthlessness of the rules so labo- riously constructed when they admit that it is leil for his decision to determine whether the indications are sufficient to warrant the infiiction of torture.* How absolute waa this discretion, and how it was exercised, is manifest when * Bt«ii this, how«T«r, wm not dMm«l womurj la mim of eonipinejr »Bd trMfon *'qai flani Mereto, propter probmiioBii dUHealUUm dovraitvr od torUrMn flno Indieiii." (Emer. a Botb. Tit. T. oap. z. No. SO.) * Fmha froqiMBf oi Tehomoot foeU iBdioinm od torinrsm. (Zaagcr. c ii. Ho. 80.) Roof onto aeeaMiioaom toI inqnidUoBODi fugiooa •! olUtui oon- iamaotUr abMu, m iBtpooiam roddlt ni (orqaorl ponii. (Ibid. No. 91.) InooBtUntift Mmonii fiuili iadioinm od tortarmm. (Ibid. No. 00-09.) Bx UoiiamiUU orlior indioiam ad (ortaram. (Ibid. No. 103.) Phjalogaoniia malom naturam argaii, noa aatom dolloiBM. (Ibid. No. 85.) * Deifldo a polloro ol iloilllbBt oritar iadielBBi ad toriaram ■MBBdam Bartol. (Bm«r. a Botboob Tit. t. e. tII. No. S8-S1.) Wboroopoa Toa Boo- baeb oaUrs ioto a loog dltsortaiioB •■ (o iho oaaMa of poloooM. * Jadiolf arbllrlo relinqoliBr aa iodiola ilDi iBlfifiUntla ad lortaiam. (Zaagor. eap. ii. No. 10-20.) An Indiola fBlfifiiani ad tortaram Jodieii arbitrio rollotam ofl. . . . ladloia ad tortaram laflloiontia rollqaantar ofltolo Jadiolf. (Bmor. a Boibaeh Tit. t. o. ii. p. 639.) MODERN aiEMAMT. 869 Ton Rosboch tells ns that the magistrates of his time, in the absence of all evidence, sometimes resorted to divina- tion or the lot in order to obtain proof on which they eonld employ the rack or strappado.* Such a system tends of necessity to its own extension, and it is therefore not surprising to find that the aid of tortare was increasingly invoked* The prisoner who re- fused to plead, whether there was any evidence against him or not, could be tortured until his obstinacy gave way.* Even witnesses were not spared, whether in civil suits or criminal prosecutions.' It was discretionary with the Judge to inflict moderate torture on them, when the truth could not otherwise be ascertained. Infamous witnesses could always be tortured ; those not infamous, only when they prevaricated, or when they were apparently conmnitting perjury ; but, as this was necessarily left with the Judge to determine, the instructions for him to guide his decision by observing their appearance and manner show how com- pletely the whole case was in his power, and how readily he could extort evidence to Justify the torture of the priso- ner, and then extract f^om the latter a confession by the same means. A reminiscence of Roman law, however, is visible in the rule that no witness could be tortured against his kindred to the seventh degree, nor his nc%r connections by marriage, his feudal superiors, nor other similar per- sons.* Some limitations were imposed as to age and strength. Children under fourteen could not be tortured, nor the aged whose vigor was unequal to the endurance, though they could be tied to the rack, and menaced to the last extremity. Insanity was likewise a safeguard, and much ' Bmtr. a lUMbaeb Til. t. •. x. Vo. 9ft. 8«d »1lqai JndlcM qaando dMval iadiel*, proccdoBi pm ■ortiUgla ti tiDitli*. • Ibid. TH. ▼. Mp. X. Ho. S. • Ibid. Til. V. eap. zif . No. It. ' lABgeri op. ell. eap. i. No. S-lft. 860 TORTURE. diflciusioii was had as to whether the deal^ dmnh, and blind were liable or not. Zanger decides in the affirmative, wheneyeri whether as principles or witnesses, good evi- dence was to be expected from them.* The Roman rule was followed that, whenever several parties were on trial nnder the same accusation, the torturer should commence with the weakest and tenderest, while a refinement of cruelty prescribed that if a husband and wife were arraigned together, the wife should be tortured first, and in the pre- sence of her husband ; and if a Ikther and son, the son before his father's face.* Some facilities for defence were allowed to the accused, but in practice they were almost hopelessly slender. Ue was permitted to employ counsel, and if unable to do so, it was a duty of the Judge to look up testimony for the defence." Alter all the adverse evidence had been taken, and the prisoner had been interrogated, he could demand to see a copy of the proceedings, in order to frame a de- fence ; but the demand could be rcAised, in which case, the Judge was bound to sift the evidence liunself, and to inves- tigate the probable innocence or guilt of the accusetL The recognized tendency of such a system to result in an nn- Ikvorable conclusion is shown by Zanger's elaborate in- structions on this point, and his warning that, however Justifiable torture may seem, it ought not to be resorted to without at least looking at the evidence which may be attainable in favor of innocence \* while von Kosbach cha- racterizes as the greatest fault of the tribunals of his day, their neglect to obtain and consider testimony for the prisoner as well as that against him.* In some special and extraordinary cases, the judge might allow the accused to be confronted with the accuser, but this was so contrary to the secrecy required by the inquisitorial system, that he ■ Zaogeri op. oil. o*p. i. No. 84-48. * Ibid. oap. it. No. 26-30. • Ibid. o»p. III. No 3. * Ibid. cap. iii. No. 1. 4, 6-43. * Prooeai. Crim. Tit. v. cap. zi. No. 3. MODERN OBRMAMT. 861 wfi8 cnuiioncd that it was a very unnsnal course, and one not lightly to be allowed, aa it was odions, unnecessaryi and not fiertinent to the trial.* Theoretically, there was a right of apiKMil against an order to inflict tortnre, but this, even when (lermittcd, could usually avail the accused but little, for the ex parte testimony, which had satisfied the lower Judge, could, of course, in most instances, be so presented to the higher court as to insure the affirmation of the order, and prisoners in their helplessness would doubt- less feel that by the attempt to appeal they would probably only increase the severity of their inevitable sufferings.* Slender as were these safeguards in principle, they were reduced in practice almost to a nullity. That the discretion lodged in the tribunals was habitually and frightfully nlinR0<1 is only too evident, when von lloslmch deems it neces- sary to reprove, as a common error of the Judges of his time, the idea that tlio use of tortnre was a matter alto- gether dependent upon their pleasure, '^as though nature had created the bodies of prisoners for them to lacerate at will.'*" It was an acknowledged rule, that when guilt could be sufficiently proved by witnesses, torture was not admissible ;* yet a practice grew up whereby, after a man had been duly convicted of a capital crime, he was tortured to extract confessions of any other offences of which he might be guilty.* Martin Bernhardi, writing in 1T05, as- serts that this was resorted to in order to prevent the convict from appealing from the sentence f and as late as 1764, Beccaria liUs his voice against it as a still existing abuse, which he well qualifies as senseless curiosity, im- * Zftngvri Mp. II. Vo. 49--60.— Cam Mim oonflroBUUo odloM fit •! fpeeiM fafgwilonit, el r«ai«<lfam •xtnordinarivB wA rabcUnUMB prooww BOB ptrtinent, ei propl«r«B bob BeetMarliu * Ibid. enp. it. Ho. 1-6. ■ ProcMi. CriniiB. Til. ▼. OBp. is. No. IS! * SoBgori oop. I. Ho. 87. * BodoB do Uta oi Ab«*a Tortoiw Th xii. * MftrtiBl Roinluirdi Din. laBBg. dt Tortara cap. l. M- 31 862 TORTURB. pertinent in the wantonness of its cruelty.* Another posi- tive rule was that torture could only be applied in occusor tions involving life or limb ;* but Senckenberg assures us that he had known it to be resorted to in mercantile mat- ters, where money only was at stake.' Equally absolute was the maxim that torture could not be employed unless there was positive proof that crime of some sort had been committed, for its object was to ascertain the criminal and not the crime \* yet von llosbach remarks that as soon as any one claimed to have lost anything by theft, the Judges of his day hastened to torture all suspect, without wait- ing to determine whether the theft had really occurred as alleged,* and von Boden declares that many tribunals were in the habit of resorting to it in cases wherein subsequent developments showed that no crime had rcallj' been com- mitted, and he quotes a brother lawyer, who Jocosely cha- racterized such proceedings as putting the cart before the horse, and bridling him by the tail.* * He ropretenii tbe Judge ai addretiing hii vloilm ** Tn ••! U r«o di an deliiio, danque h pomlbile ohe lo all di o«nt' altrl delitU : quMto dubbio ml poia, vogUo aooertarmone eol mlo orlterio di veriiil : !• \^gg\ ii iormontano, perehe aei r«o, gerob* pooi en«r r«o, perehe vogUo obe tu aii r«o.** — Dei DeUUi e deUe Pcne, f xii. * Zangeri Pratfai. No. 81. * Zangari Traot. Not. ad p. 008. Bernbardi aUtaa tbai in caaea of preaamad fraodalant banlcrnptoy, not only the aoouaod, but alao Uio wilnosaaa, if aaapected of conoealing tba trntb, conld ba tortured. — Diaa. loang. de Tort, eap. I. \ ir. * Zangeri Prnfat. No. 89. — ^Tortura enim datnr non ad liqotdandnm fao- tnni aed peraonam. * Proeeaa. Criminal. Tit. t. oap. tx. No. 17. * De tJau et Ab. Tort Tb. ix.—Qui alitor prooedit Jadex, equnm oauda frenat et poat quadrigae eaballum Junglt. Tbe biatory of criminal Juriaprudenoe la full of aneb proeeedinga. Boyrln dn VUlara relatea tbat during tbe war in Piedmont, in 1660, be releaaed from tbe dnngeona of tbe Marquia of Maaaerano an unfortunate gentleman wbo bad been aeoretiy kept tbere for eigbteen yeara, in conaequonce of tiaving attempted to aerve a prooeaa from tbe Duke of Savoy on tbe marquia. Ilia diaappearanoe baving naturally been attributed to fonl play, bia kindred proaeottted an enemy of tbe family, wbo, under atreaa of torture, duly oon- MODKRN OKRMANT. 868 We haye seen nbovo that the prisoner was entitled to see a copy of the evidence taken in secret against him ; yet Ton Rosbach states that Judges were not in the habit of |)ennitting it, though no authority Justified them in the rcAisal ;* and half a century later this is confirmed by Bem- hardi, who gives as a reason that by withholding the pro- ceedings from the accused they saved themselves trouble.* Even the inalienable privilege of being heard in his defence was habitually rcftiscd by many tribunals, which proceeded at once to torture after hearing the adverse evidence, and von Uosbach feels it necessary to arfrue at some length the propriety of hearing what the accused may have to say.* In the same way, the right to appeal from an order to torture was evaded by Judges, who sent the prisoner to the rack without a preliminary formal order, thus depriving him of the opi>ortuuity of ap|>ea]ing.* If the irrcs|)onsible power which the secret inquisitorial process lodged in the hands of the Judges was thus fear- fully abused in destroying all the safeguards provided for the prisoner by law, it was none the less so in disregarding the limitations provided against excessive torture. A uni- versal prescription existed that the torment should not lie so severe or so prolonged as to endanger life or limb, or to liormanently injure the patient; but Senckenberg assures us that ho was ]>crsonally cognizant of cases in which inno- cent |)crsons had been cripplc<l for life by torture under false accusations,* and the meek Jesuit Del Rio, in his instructions to inquisitors, quietly observes that the flesh ff—d to bftTlns eommliUd Ui« mvrdtr, and w«i MeoHlnglj mmmM la a lown «h«r« MMnrmao bloiMlf wm rtddlng.— Bojvia dm VUUn , IMoioirw Ur. Ttt. * ProeMt. Criminal. Til. T. eap. x. No. T.— IlodU rtro Jadloat rtit eaplli ■on txhlbant lii<ileionim •xanplam, •! pro««davl ad loriaram. 8«d baa apiaio la Jara andiqaa rafvllUar, at ago mqIo aaafaoioa aaaqaaai inraal alk|ttaai lagaai »a« ratlonaai pra UI1 obaarTanila. * DIm. Inaag. eap. I. f sit. ' Proeeu. Criminal. TIL ▼. eap. x. Ka. 8-16. ' Darabardl laa. oil. ' Nal. ad p. 907 Sangarl ap. alt 864 TOBTUBB. should not bo wounded nor tbe bones broken, but tli&t tor- ture eould scarce be properly administered without more or less dislocation of the Joints.* Yon Boden, moreover, yery Justly points out the impossibility of establishing any rules or limitations of practical utility, when the capacity of endurance varies so greatly in different constitutions, and the executioners had so many devices for heightening or lessening, within the established bounds, the agony inflicted by the various modes of torture allowed by law. Indeed, he does not hesitate to exclaim that human inge- nuity could not invent suffering more terrible than was constantly and legally employed, and that Satan himself would be unable to increase its refinements.* It is true that the old rules which subjected the Judge to some responsibility were still nominally in force. When ' torture was ordered without a preliminary examination, /or when it was excessive and caused permanent injury, the /Judge was hold by all authorities to have acted through '' malice, and his office was no protection against reclamation / for damages.* Zanger also quotes the Roman law as still in force, to the effect that if the accused dies under the torture, and the Judge has been either bribed or led away by passion, his offence is capital, while if there had been insufficient preliminary evidence, he is punishable at dis- ' D«l Rio MagiMr. Di«iiiltlt. Lib. v. Met. iz.— Ui oorput r«i manMt ▼•! illmmn vol mo<lie« Imam, mItudi inDooeniio t«I tupplioio : illsMttin, dieo, quod ad oarDla iMerationem nut oitluD vol Derrornm rrMtnram, naui quoad dlaooDpagiDnlionoiii, tlvo dl^unoiionom Janetuntram at oniuu non Inimoda- ratuni viz in tormantis ea potest evitari. * De Uau at Abuau Tort. Tb. ziii. — I>elode quoqaa la altlmo tortura grada eonoeaeo, lummi qaoa bumana malitia invanire potult oraelatui, tioa fioa et mode tic adhibmi toUantf ut dlabolum ipiam aiperlua quid quo eor- pori bumano io bae vita noeeat, azoogitara pone dnbiun ait. It muat not be luppoaed from thia and tbe preoading astraota tbat vos Bodan waa an opponent of torture on prineiple. WItbin eertain bounds, be advooated ita use, and be only deplored tbe azeessive abase of it bj tbe tribunals of tbe day. " Zangeri op. olt. cap i. No. 4S-44. MODKRN QBRMANT. 865 cretion.* Tho secrecy of criminal trials, however, offered All almost impenetrable shield to the Jndge, and we are qnite prepared to believe the assertion of Sendcenberg that these rnles had become obsolete, and that he had seen not a few instances of snch violations of the law without there being any idea of holding tho Judge to accountability.* Not the least of the evils of the system, indeed, was its inevitable influence upon the Judge himself! He was re- quired by his office to be present during the infliction of j torture, and to conduct the interrogatory personally. Cal- > lousness to human suffering, whether natural or acquired, / thus became a necessity, and the delicate conscientiousness which should be the moving principle of every Christian , tribunal was well-nigh an impossibility. Nor was this all, for when even a conscientious Judge had once taken upon himself the responsibility of ordering a fellow-being to the ( torture, every motive would lead him to desire the Justifica- * tion of the act by the extortion of a confession ; and the very ' idea that he might be possibly held to accountability, in- stead of a safeguard for the prisoner, became a cause of subjecting him to additional agony.* Both the good and the evil impulses of the Judge were thus enlisted against tho unfortunate being at his mercy. Human nature was not meant to face such temptations, and tho fearful ingo- nuit3% which multiplied the endless refinements of torment, testincs how utterly humanity yielded to the thirst of wrinpring conviction from the weaker party to the unequal conflict, where he who should have been a passionless * Zftngtrt wp. III. Ho. SO-M. * Loe. eit IIvJu doolriaa forto bedl« pftirvf wn», •! vidi tpM MMipU aennvlU «bi ne quMmi de |WvW»do Jadio* ooflUUm. ' Tb« pnid««M of perMToring hi loiivrt asUI ft e<mA«loa w«t rM«b«d W9 allMwi rMognliMl, if noiadTlMd, bjJvrWtf . *' Oeearrilbie eaat«lA DranI dioMiiifl, H J«d«i lnd«blU lorMrll sll^iaov, Ibell rt«ni eonfiUri qaod ftell l«Kitim« lori«t« do qua eoiir«nioiie fnoUt noUHvm rogstvm.** (Jo. Bm. a Rotb. ProMM. Crim. TIL ▼. eap. xv. No. 6.) To togsooi Uio Idoa w«a proo- Uoolly to roeomoioiid It. 81* 866 TORTURE. arbiter waa made neoeaaarfl j a combatant. How completely the prisoner thus became a qaarry to be hunted to the death is shown by the Jocular remark of Farinacci, a cele- brated authority in criminal law, that the torture of sleep- lessness, invented by Marsiglio, was most excellent, for out of a hundred martyrs exposed to it not two could endure it without becoming confessors as well.' Few, when once engaged in such a pursuit, could be expected to follow the example of the Milanese judge, who resolved his doubts as to the eflScacy of torture in evidence by killing a favorite mule, and allowing the accusation to fall upon one of his servants. The man of course denied the offence, was duly tortured, confessed, and persisted in his confession after torture. The Judge, thus convinced by experiment of the Ikllacy of the system, resigned the office whose duties he could no longer conscientiously discharge, and in his sub- sequent career rose to the cardinalate.* ■ QioUd hf HieolM, Din. Mor. el Jsrid. nr Ift TorUra, p. 11. Tkia ■iod« of tortare CMuisUd la placing Ui« a c c a aaU btiwMii two jailan, wko pamv«ll«d hia wbanerar h« b«gaa to doM, and Uiaa. with propar ralayi, dapriTad blm of slaap for forty bonn. Its iaraator eoaaadorod it hamaaa, ai it andaDgarad aaltbar life nor limb, bat tbe astramity of auiaring to wbiob it radaead tba prisoaer ia ihowii by ila oBaaaiooanaM. I ba?a parpoady abttaiaad from aatartng into the datallt of tba varioai fonna of tortara. Thay aaay ba intoraatiag to tba antlqaariaa, bat tbcy illastrato do priaeipla, and little woald ba gained by daseribiag tbaaa velan* oholy monttmeata of bamaa error. Thoae who may be earioat ia aneb mat* tort will And ample material in Or open Obeerrat. Jnr. Grim, de Appllcat. Torment., 4to., IlanoT. 1764; Zangeri op. ait. eap. ir. No. 9, 10; Ilieron. Magiof de Bqanleo eum Appendd. Amatalod. 1664, eto. Aeeording to Bom- bard i, Jobann Qraefe ennmeratea no lam thaa aix bandred different inttra- mentf inTented for the purpose. * I give thii aneedoto on the aathority of Niaolafl (op. oil. p. 169), who quotaa it at a well-known oircamitanee, without fbrniahing eiUier name or date. He alao relates (p. 178) a somewhat similar ease wlileh was told to him at AmsUrdam in explanation of the fiust thai the oily was obliged to borrow a headsman from the neighboring towns whenever the serviees of one were required for an ezeoution. It appears that a young man of Amstordam, returning home lato at night from a roTel, sank upon a door-stop In a drunken sleep. A thief emptied his pockets, securing, among other things. MODSRN OKBMANT. 86t In theory, the accused conld be tortured only once, but tills, like all other attempts to humanize the law, amounted to but little. A repetition of torture conld be Justified on the ground that the first application had been light or in- sufficient ; the production of IVesh evidence authorized a second and even a third infiiction ; a failure to persevere in confession after torture rendered a repetition requisite, and even a variation in the confession required confirmation by the rack or strappado.* With all this hideous accumulation of cruelty which shrank from nothing in the effort to wring a confession from the wretched victim, that confession, when thus so dearly obtained, was estimated at its true worthless- ness. It was insufficient for conviction unless confirmed by the accused in a subsequent examination beyond the confines of the torture chamber. If then retracted, the accused was again tortured, when a second confession and retraction made an exceedingly awkward dilemma for the subtle Jurisconsults. They agree that he should not be allowed to escape after giving so much trouble. Some advo- cated the regular punishment of his crime, others demanded for him an extraordinary penalty; some, again, were in favor of incarcerating him ;* others assumed that he should ft dirk, wlib which, ft ftw ninatM IsUr, be tUbbad ft mmii In ft qvaml. Rciarnlng to Ui« lUeper, b« illpped Ui« bloody wospon baek to lU piseo. Tho yonnis man swoke, bai, beforo ho had Ukos vftny lUpo, bo wat toiiod bj Iho wotoh, who bad Jail dlteoTorod tbo mnrdor. Appearmaoot woro osftlnti him ; be wa« loriarod, oonfowed, portitUd In eonfoMloa ftfWr lor- iaro, and waf daly hanged. Sooa aflor, Iho roal orlmlBal waa oondonaod for anolhor erimo, and roToalod tbo biitory of iho prooodlng ono, wboroopon iho SiaUf Oenoral of iho Unllod ProTlaeoo, Ming iho ordinary logle of Iho erlminal law, deprirod iho eliy of Amflordaoi of ito oiocaUonor, asa p«nlab- vont for ft rofoil thai waa inoTiiablo andor Iho iyfiom. ' Kanfori eap. t. No. 73-S.1. Sono wrllorf , bowovor, attlboriio Ita ropo* liUoa ai ofloB ai nay aoom nooofiary to the Jodgo (Roobaeb op. oil. Til. r. eap. XT. No 14), and Dei Rio nontlont a oajo la We«lphalia wherein a naa acea»e«i of lyeaalhropy waa loriarod twenty Umoa (Lib. ▼. Sect. is.). * Saagerleap. ▼. No. 79-SI. 868 TOBTUBX. be tortured a third time, when a confesdon, followed as before by a recantation, released him from ftirther torment, for the admirable reason that nature and Justice alike abhorred infinity.' This was too metaphysical for some "Jurists, who referred the whole question to the discretion of the Judge, with power to prolong the series of alternate confession and retraction indefinitely.* Others solved the knotty problem by Judiciously advising that in the uncer- tainty of doubt as to his guilt, the prisoner should be soundly scourged and turned loose, after taking an oath not to bring an action for false imprisonment against his tormentors ;* but, according to some authorities, this kind of oath, or urpheda as it was called, was of no legal value.* There were other curious inconsistencies in the system which manifest still more clearly the real estimate placed on confessions under torture. If the torture had been in- flicted by an over-zealous Judge without proper preliminary evidence, confession amounted legally to nothing, oven though proof wore subsequently discovered.* If, on the other hand, absolute and incontrovertible proof of guilt were had, and the over-zealous Judge tortured in surplusage without extracting a confession, the offender was absolved.* ' B«nib*rdl Dbi. Inaag. Mfk. i. f zi. * Bm«r. ft RotbMb, op. eii. Tit. v. eap. xyIII. No. IS. So BoooarU, (I>e- lltt. Pent f XII.) — *< Alouni doliorl ed aloano nasionl Don pomoilono qoMU infiMDO peliiloDo dl priooipio cbo p«r ire Tolto | altro nasioni od altrl dottorl U iMoiano ad arbltrio dol gludloo." * ZftDgori loo. oU. * Borabwdi, oap. i. f xli. Cf. CaroU V. Cout. Orlm. oap. xz. f 1. * Zangeri eap. ii. No. 9-10; cap. v. No. 19-28. * Ibid. oap. V. No. 1-18.— Bigotry and taporititlon, bowovtr, did not allow tboir Tiotiou to eioapo to eaiilj. In aooaaationt oftoroory, if appear- anoei were againat tbe priaoner — tbat la, If be were of oyII repnte, If be abed no teara daring the torture, and if he rceoTored apeedily after eaeb nppliea- tion — be waa not to be liberated beoauae no oonfeaalon eould be wrang from him, but waa to be kept for at leaat a year, ** aqualoriboa earoeria maneipan- dua et orueiandua, aaopiaaime etiam ezaminandna, pmoipue aaoratioribua diebua."— Iliokii Defena. Aq. Probm oap. i. No. S3. ATROOITT or TRB 8TBTBM. 869 If, Agnin, a man and woman were tortured on an accnsation of adultery committed with each other, and if one confessed while tlie other did not, both were acquitted.' Nothing more contradictory and illogical can well be imagined, and,*a8 if to crown the absurdity of the whole, torture after con- viction was allowed in order to prevent appeals ; and if the unfortunate, at the place of execution, chanced to assert his innocence, he was often hurried IVom the scaffold to the rack in olxsdience to the theory that the confession must remain unrctracted.* One can scarcely repress a grim smile at flnding that this series of horrors had pious defenders who urged that a merciful consideration for the offender's soul required that he should be brought to confess his iniquities in order to secure his eternal salvation.* The atrocity of this whole system of so-called criminal Justice is forcilily dcscrilied by the honest indignation of Augustin Nicolas, who, in his judicial capacity under Louis XIV., had ample opportunities of observing its practical working and results. *^ The strappado, so common in Italy, and which yet is forbidden under the Roman law . • • The vigils of Spain, which oblige a man to support himself by sheer muscular effort for seven hours, to avoid sitting on a ix>intc<l iron, which pierces him with insufferable pain; the vigils of Florence, or of Marsiglio, which have been de- scribed alK>ve ; our iron stools heate<l to redness, on which we place poor half-witted women accused of witchcraft, cxhaustod by frij^htful imprisonment, rotting from their dark and filthy dungeons, lomlcd with chains, fleshless, and half dead ; and we pretend that the human trnme can rosifft those devilish practices, and that the confessions which our wretched victims make of everything that may be charged against them are true."* Under such a scheme * ZailK*?! Mp. ▼. Ho. M-Sl. * B<mI*v, op. oii. Tb. ▼. VI. * Ibid. * IXwert. Mor. et Jarid. tar I* Tortar^, p, 36-7. dfO TOETUBB. of Jurisprudence, it is cosy to understand and appreciate tlio case of the unfortunate peasant, sentenced for witch- craft, wlio, in his dying confession to the priest, admitted that he was a sorcerer, and humbly welcomed death as the fitting retribution for the enormous crimes of which he had been found guilty, but pitifully inquired of the shuddering confessor whether one could not be a sorcerer without knowing it.* We have seen above how great was the part of the In- quisition in introducing and moulding the whole system of torture on the ruins of the Roman law. Even so, in the reconstruction of European Jurisprudence, during the six- teenth and seventeenth centuries, the ardor of the inquisi- torial proceedings against witchcraft, and the panic on the subject which long pervaded Ohristendom, had a powerful influence in familiarizing the minds of men with the use of torture as a necessary instrument of Justice, and in autho- rizing its employment to an extent which now is almost \ inconceivable. From a very early period, toi*ture was recognized as in- dispensable in all trials for sorcery and magic. In 358, an edict of Constantius decreed that no dignity of birth or station should protect those accused of such offences from its application in the severest form.* IIow universal its employment thus became is evident from a canon of the council of Mcrida, in G6G, declaring tliat priests, when sick, sometimes accused the slaves of their churches of bewitching them, and impiously tortured them against all ecclesiastical rules.* That all such crimes should be re- garded as peculiarly subjecting to the last extremity of torture all suspected of them is therefore natural, and its ' NIoolM, p. 169. • Oonii. 7 Cod. iz. zyIU. * Similiter ot quia eomperimnt allquas praibjteros ngriiudiott aoei<l«nU, familin eoelMitt iuab orimen imponore, dio«nU «z •& hominei aliqaoi male- fioiam tibi feoisst eosque tua poiestate torqaero, ei par multam impiataiam dairioieniara.— OoDoil. Bmaritao, ann. 666 oan. zt. BOBOBBT AND WITOnOBAFT. 871 use In the trinls of witches and sorcerers ctime to be re- garded as indispensable. The necessity which all men felt that these crimes should be extiriHited with merciless seyerity, and the impalpable nature of the testimony on which the tribunals had mostly to do|)cnd, added to this traditional belief in the fitness of torture. Witchcraft was considered as peculiarly difflcult of prooff and torture consequently became an unfailing resource to the puxxlcd tribunal. Jacob Kickius, who, as a ningistrate during an epidemic of witchcraft, at the close of the scvontccuth cx;ntury, had the fullest practical ex|)e- ricnce on the subject, complains that no reliance could be p1ac*cd on legal witnesses to procure conviction;* and Del lUo only expresses the general opinion when he avers that torture is to lie more readily resorted to in witchcraft than in other crimes, in consequence of the extreme diflflculty of its proof.* Even the wide-spread belief that Satan aided his wor- shippers in their extremity by rendering them insensible to pain did not serve to relax the efforts of the extirpators of witchcraft, though they could hardly avoid the con- clusion that they were punishing only the innocent, and allowing tlie guilty to escape. Various means they em- ployed to circumvent the arch-enemy, of which the one most generally adopted was that of shaving the whole per- son carefully before applj'ing the torture;* but notwith- * Per l9f(mlM ImIm bajut r«t ftd eoBTln«mi<1«m M«t ••rU bftWrl ami poU«i.— RkkH DefeM. Aqaa Probti eiip. itt. No. 117. * Idqa« fMUia* In eiMpto •! oeea1t« d1fllfniiM|a« probntionli erimlne BMiro •eriilegli ftdmlMrioi q«am \n Allia-^DbqabiL Magtwr. Lib. ▼. SmU ill. No. S. ' NieolM (p. 145) iBTolghi with lionoti Indignation »l Uio rrlghifally la. decenl enlrag^i to whleh remale prltonerf w«r« ra1iJ««tod In obodlonc* to this anporttliiOB. Th« eorioat reador will Snd In Dt 1 Rio (Lib. v. Sect. Is.) amplo detail! at to tbo art* of the BtU One to vnnUln bla follower* agalaei Ibe plena efferta of the Ini|nbliion. Tbero waa ra general a belief among •aligbteaed men ibat erimlaala of all kinda bad aeereta to deaden tbe anfor- 8t8 TOBTUEB. Btanding all the precautions of the most experienced exor- cists, we find in the bloody farce of Urbain Grandier that the fiercest torments left him in capital spirits and good humor.* The tender-hearted Rickius was so convinced of this source of uncertainty that he was accustomed to ad- minister the cold water ordeal to all the miserable old women brought before him on such charges, but he is careful to inform us that this was only preparatory proof, to enable him with a safer couscience to torture those who were so ill-advised as to float instead of sinking.* When the concentrated energies of these ingenious and determined law dispensers failed to extort by such means a confession from the wretched clowns aufl gossips thus placed at their mercy, they were even yet not wholly at fault The primitive teachings of the Inquisition of the thirteenth century were not yet obsolete, and they were instructed to treat the prisoner kindly; to introduce into his dungeon some prepossessing agent who should make friends with him and induce him to confess what was wanted of him, promising to influence the Judge to luirdon ; at that moment the Judge is to enter the cell and to promise mercy, with the mental reservation that his mercy should be shown Ingt of tortar«, Uioi it la qaiU likely Utt anfortaofttM w«r« ioiii«Um«t able to ttrongihon their endaranee with aoine anaMthetic. ' <'Q'sprte qa'oD eut Uvi aea Jambea, qni aTolent iU d^eblriea per la torture, et qu'on lea eat pr^ntc^ ao feu pour j rapeller quelque pen d'eaprila et de Tigueur, U ne ceaaa paa de a'entretenir areo aea Gardea, par dee dia- ooura pen a^rieuz et pleina de railleriea ; qu'il mangea aveo ap^t et but aYeo plaiair troia ou quatre oonpa ; et qu'il ne r^pandit auouna lamiea eo aouf- frant la queation, ni aprte TaToir aouiferte, lora mdme qu'on I'ezoroiaa de rezorolame dea Magieiena, et que rBzoreiaie lui dit 4 plua de oioquante re- priaea * praaelpio ut ai aia innooena elTundaa laebrjmaa.' "— Hiat dea Diablea de Loudon, pp. 167-8. * Tune non qnasationi aubjioiebantur atatim, aed pro confortatione prc- oidentiuD indieiorum, probam aquaa adhibebamna primitna, non ad eonrin- oendam earn per bine, aed praDparnndum et munlendum tortuno Tiam. — RiokU op. oit. oap. x. No. 24. 80B0BBT AND WITOnORAFT. 373 to tho cofnmniiity aiid not to tho prisoner^ Or, still fol- lowing the Ancient traditionn, the tinhftppy wretch was to be told that his associate prisoners had borne testimony against him, in order to induce him to revenge himself by turning witness against them.* AVhen the law thus pitilessly turned all the chances against the victim, it is easy to understand that few escaped. In the existing condition of popular frensy on the subject, there was no one but could feel that he might at any moment be brought under accusation by personal enemies or by unfortunates compelled on the rack to declare the names of all whom they might have seen congregated at tlie witches' sabbat. We can thus readily comprehend the feelings of those who, living under such uncertainties, coolly and deliberately made up their minds in advance that, if chance should expose them to suspicion, they would at once admit everything that the inquisitors might desire of them, preferring a speedy death to one more lingering and scarcely less certain.* The evil fostered with such careful exaggeration grew to so great proiiortions that one Judge, in a treatise on the subject, boasted of his zeal and ex|)crience in having dispatched within his single district nine hundred wretches in the space of flReen years, and ' Dedtsw wtiit 9o for M lo MilhoriM lb* Jadg« to tstrAp lb* pritontrwlih •bfolaU fnUeboed*— ••fsltit promlnlt." Del Rio (Lib. ▼. B«e(. z.) loTtily prononneet Ibit inodnilttibU, and ibvii proeeMi* to draw a diaUDelion botwtoa tloinm malnm and doittm houum. He forbidi a Ua, bat advliea aqaivoeatloa anil ambigann* promltea, and If the prteoaer la deeelred, be baa only bim- eeir to tbank for it^** Poterit Jndex ati aM|«lToealiona el Torbis aabdolla (ritra mendaelam) e( amblgna promlMiiova Mberationla, vl roam Indncat ad falenfinm veritateai.'* llef|no(ea from Sprenger tbe device alladed to In Ibe l^xi^i'jqdex . . . proniitt*traceregratiani,tabiBUnigeadoeiblvolreip«b. in eajne eonnerTatlonitm totnn qvod ait eat gratioeaai.'* Tbe pan apon tbe word "gvatia,** on wbieb a bamaa life la nade to depend, is aearreij trana* la labia. « Nicolai (^ 144). from Bodln. Lib. it. " Falbor Tanner rtates that ba bad Ibis froai learatd and aspertonoed aias. (Bioolaa, p. IM.) 33 3t4 TOBTURB. another tnutworthj anthority relates with pride that in the diooess of Oomo alone aa many as a thousand had been burnt in a twelvemonth, while the annual average was over a hundred.* In this long history of Iq^ized cruelty and wrong, the raoes of northern Europe are mostly exceptionaL Yet it is somewhat remarkable that the first r^^uiar medisval code in which torture is admitted as a means of investigation is the one of all othere in which it would be least expected. The earliest extant law of Iceland, the Gh[gis, which dat«ss from 1119, has one or two indications of its existence, which are interesting as being purely antochthonic, and in no sense derivable, as in the rest of Europe, from the Roman law. The character of the people, indeed, and of their institutions would seem to be peculiarly incompatible ' with the use of torture, for almost all cases were submitted for decision to Jiiries of the vicinage, and,.vJicn this was unsuitable, rcaort-was had to the ordeal. The iudigcuous t origin of the custom, however, is shown by the fact that while it WAS used in but few matters, the most prominent class subjected to it was that of pregnant women, who have elsewhere been spared by the common consent of even the most pitiless legislatore. An unmarried woman with child, who refused to name her seducer, could be forced to do so by moderate torments which should not break or discolor the skin.* When the inhabitants of a district, also, refhsed to deliver up a man claimed as an outlaw by another dis- trict, they were bound to torture him to ascertain the truth of the charge* — a provision doubtless explicable by the • KieolM, p. 164. * ** lU iorqaaittr ui nto plagam reforat bm color onUi HroiCfti." — Or<g<f, Feiteih»tir cap. zzziii. Tho object of ihU wm to enable the AunilyTo obtain the fine from the lednoer, and to cave tbemtelvea the expenie of lopporting the ebild. When the mother confeaeed, howoTor, additional OTidence was re- qaired to eon?ict the pvtatiTe father. " Ibid. Yigilotht cap. oxi. TUB BOAMDIMAVIAM NATIONS. 8t6 important part occupied by ontlawry In all tho schemes of Scandinavian legislation. Those are the only instances in which it is permitted, wliile its occasional abuse is shown by a section providing punishment for its illegal employ- ment.* Slaves, moreover, under the Icelandic, as under other cmlcs, had no protection at law, and were at the mercy of their masters.* These few indications of the liability of freemen, however, disappear about the time when the rcRt of Euro|)e was commencing to adopt the use of toKnrc. In the ^^ Jamsida," or code compiled for Ice- land by Hako Ilakonsen of Norway, in 1258, there is no allusion whatever to its use. The Scandinavian nations, as a whole, did not admit torture into their systems of Jurisprudence. The institution of the Jury in various forms was common to all, and where proof u]H>u o|)cn trial was deficient, they allowed, until a comfmrativcly recent date, the accused to clear himself by sacramental purgation. Thus, in the Danish laws of Wal- demar II., to which the date of 1240 is generally assigned, there is a species of jiermanent Jury, nandemend^ as well as a tcmi>orary one, ne/ninge^ and torture seems to have formed no part of Judicial proceedings.* This code was in force until 1683, when that of Christiem V. was promul- gate<l. It is probable that the use of torture may have crept in from Germany, without l)eing regularly sanctioned, for we And Chris ticrn forbidding its use except in cases of high treason, where the magnitude of the oflfence seems to him to Justify the infraction of the general rule.* Ue, how- ' OfigU, Vlfpiloihl Mp. IixitIH. * Sehlegel, Conont. ftd QrigSt f xilx. * L«f . Ciabrie. WoMMsari Lib. ii. oap. t, si. (Kd. Anelitr, Umtnlm, 17S9). * CbrlntiiiBl v. Jnr. I>mI«. Lib. i. oap. xs. (Bd. W^ghorfl, HaAiUb, 1698). "De ••mIh* hab«iidaeti qaiitlio, »ifll propUr faelnM wpiU tU oondev> nftlat ; exeepio Imtm mnjMlailf orlnin*, qaod In fammo grsdv ftdmlwaoi r««rii. Hie raioi e»OM» qvaliUa impedimeiito ••! qoomlvM proc«M«t ordl* ••rl«t obverrari po#fli." 8«nelieiib*rg (Corp. Jnr. Oonaan.T. I. Pnet p. IxxxtI.) glrM Um ebapier 8)6 TOBTURE. over, encouraged one of its greatest abuses in pemiittiug it on criminals condemned to death. So, in Sweden, the code of Raguald, compiled in 1441 and in force until 1614, during a period in which torture flourished in almost every European state, has no place for it. Trials are conducted before twelve nempdarii^ or jury- men, and in doubtful cases the accused is directed to clear himself by oath or by conjurators. For atrocious crimes the punishments are severe, such as the wheel or the stake, but inflictions like these are reserved for the condemned.* Into these distant regions the Roman Jurisprudence pene- trated slowly, and the Jury trial was an elastic institution which adapted itself to all cases. To the same causes may be attributed the absence of torture from the Common Law of England. In common with the other Barbarian races, the Anglo-Saxons solved all doubtful questions by the ordeal and wager of law, and in the collection known as the laws of Henry I. a prin- ciple is laid down which is incompatible with the whole / theory of torture, whether used to extract confession or ' evidence. A confession obtained by fear or fraud is pro- I nounced invalid, and no one who lias confessed his own I crime is to be believed with respect to that of another.* ' Such a principle, combined with the gradual growth of the trial by Jury, doubtless preserved the law ih>m the contamination of inquisitorial procedure, though, as we lieadi of a eoUo in Daniih, tb« K§y»§r RtisHn, furnished to him by Anchor, in wliiob cap. iv. and v. contain directions aa lo Uio administration of torture. The code ia a mixture of Qerman, civH, and local law, and probablj wai in force in aome of the Germanic provincef of Denmarlc. The Frisian code of 1323 ia a faithful transcript of the primitire Barbarian Jurisprudence. It contains no allusion to torture, and aa all crimes, eieept theft, were still compounded by wehr-gUds, it may safely be assumed that extorted confession was unknown (Leges Opstalbomicss ann. 1323, published by Qilrtner, Saxonum leges tres, Lipsiss, 1730). ' Raguald. Ingermund. Leg. Suecor, StockholmisB, 1623. * Bt nemini de se oonfesso super nllcnum crimen credatur : oonfeMio vero per melum vel per fraudem extorta non Tolot. — LI. Ilenrioi I. cap. r. f 10. ENGLAND. 8TT have seen, tortnro was extensively employed for purposes of cxtoKion by marauders and lawless nobles during pe- riods of civil commotion. Glanville makes no allusion to it, and though Bracton shows a wide acquaintance with the revived Roman Jurisprudence, and makes extensive use of it in nil matters where it could be advantageously har- monized with existing institutions, he is careful to abstain from intro<luciug torture into criminal procedure.* A clause in Magna Cliartn, indeed, has been held by high authority to inhibit the employment of torture, but it has no direct allusion to the subject, which was not a living question at the time, and was probably not thought of by any of the parties to that transaction; moreover, it was not, at a later |)erio<l, held by any one to interfere with tlie royal prerogative, wlienever tlie King desired to test with the raclc the endurance of liis loving subjects.* Under tlie common law, therefore, torture had no exist- ence in England, and the character of the national institu- ' Muij laUretiing doUlls on tb« liifla«ae« of lh« Romaii Uw apoa ibat Af Vnglaiid wlU b« foond In ili« leanied work of Carl GBUrbodk, ** BrMlAS Mid hit RclailoB to (be RomAn Law," r«c«iiUj Inmtlatod by Brinloa Coz« (Pbllftdelpbis, 1866). The tvbjeet fa on* whieb well deMrrat a vor« (bo- roagb eoBftderaUon (ban U b llkoly to roeeUo at tbo baadi of Bnglfah writers. It it oarlooi to oboorro tbat tbo erim$m iasm mojtituU nako* Itt appoar- aaeo In Braeton (Lib. lit. Traet U. oap. 8^1), aboat tbo mlddlo of tbo tbirtooBtb eontary, earlier tban la Fraaee, wbore, ai we bsTo fees, tbe flrtt aliasloB to It Aoeart la 1316. Tbfa wai bardly to bo oipeeled, wboa we eo4 • •ider tbe widely dileroat Infiaeaeto exerted opoa tbo Jarbpradoaoo of tbo two ooaatrlee by tbe R4MBaa law. * Tbo poMago wbiob bai beea relied oa by lawyere fa obap. xu. : " Hallaa liber bomo eaplatar, toI laiprfaoaetar, aat dlnafalatar, aat vtlacotar, aat alk|«o node detlmatnr ; aec rapor ovai Iblvoi, boo eaper oam mlttoaiao, afal per legale jadielam pariav eaoram, vet per legem torno.** If tbo low Jael aboTo qooted from tbo eoUeotloa of Ilenry I. ooald bo rappoeed lo bo •till la foreo aader Jobo, tbea tbit vigbt poeelbly be ImagiBod to boar eoMO refereaee to It ; bat It fa erldeat tbat bad tortare beea aa esletlag grlevanoe, each ae oatlawry, eoitare, aad Impripoameal, tbe baroat woald bave beea earefal to inclade It In their eaameratloa of re»(rietlna«. 83* 878 TORTURB. tions kept at bay the absorbing and centralizing influences of the Roman hiir.^ Yet their wide acceptance in France, and their attractiveness to those who desired to wield ab- solute authority, gradually accustomed the crown and the crown lawyers to the idea that torture could be adminis- tered by order of the sovereign. Sir John Fortescue, who was Lord Chancellor under Henry YL, inveighs at* great length against the French law for its cruel procedures, and with much satisfaction contrasts it with the Knglisli practice/ and yet he does not deny that torture was occa- sionally used in England.* An instance of its application in 1468 has been recorded, which resulted in the execution of Sir Thomas Coke, Lord Mayor of London ;* and in 1485, Innocent YIII. remonstrated with Henry YIL respecting some proceedings against ecclesiastics who were scourged, tortured, and hanged.* Under Ilenry YIII. and his children, the power of the crown was largely extended, and the doctrine became fashionable that, though no one could Iw torturad for con- fession or evidence by the law, yet outside and al>ovo the law the royal prerogative was supremo, au4l tliat a warrant from the King in Privy Council fully Justified the use of the rack and the introduction of the secret inquisi- torial process, with all its attendant cruelty and injustice. It is difficult to conceive the subserviency which could reconcile men, bred in the open and manly Justice of tlie ; ' Tb« J»a]oiif7 with wbieb all fttUmpUd enoroMbmcnU of Ui« Roman law wara rapallad la manifettad in a daolaraiion of Parliamont in 1888. **Qna oa royalma d'Snglatarre n'aaUit davant aat baarai, na i Tantani da roj no»lra dit aaignior at Migniora dn parlamant anqua na Mm ral4 ai goTarn^ par la lay aivill.*'— Rot. Pari., 11 Ria. II. (tiUUrboak, op.eli. p. IS). * Dn Oanga, a. r. T^inra. . ' Saa Jardina'a *' Raading on iba Uaa of Torinra in iba Crininal Law of England," p. 7 (London, 1837), a aondaniad and anOeianUy eoniplala aoaonnt of iba anbjaai nndar iba Tndora and Sinaria. * Jardina, loo. eii. * Pariim tormanils anbjaeil, pariim erndaliiifiinia lanlail, ai partim atiaia fnrca lufpanai fuarani. — Wilkina Cunuil. III. 617. BNQLAND. 879 common law, to a 83'8icm so snbvcreiTc of all the principles in wliidi they had been trained. Yet the loftiest names of the profession were concerned in transactions which they knew to be in contravention of the laws of the land. Sir Thomas Smith, one of the ornaments of the Eliza* lN*tlmn bar, condenincd the practice as not only illegal, but illogical. *' Torment or question, which is used by order of the civile law and custome of other countries, .... is not used in England The nature of Englishmen is to neglect death, to abide no torment ; and therefore hf*o will confesse rather to have done anything, yea, to have killed his owne father, than to enffer torment.*' And ^-et, a few 3*ears later, we find the same Sir Thomas writing to liOrd Durghley, in 1571, respecting two miserable wretches whom he was engaged in racking under a warrant from Queen Elizalieth.* In like manner. Sir Edward Coke, in his Institntes, de- clares — ^''So, as there is no law to warrant tortures in this land, nor can they bo Justified by any prescription, being so lately brought in.*' Yet, in 1603, there is a warrant addressed to Coke and Fleming, as Attorney and Solicitor General, directing them to apply torture to a serrant of Lord Ilundsdon, who had been guilty of some idle speeches respecting King James, and the resultant confession Is In Coke*M handwriting, showing that he personally suiwrin* tended the examination.* Coke*s great rival, Ijord Bacon, was as sulisenrient as his contom|)oraries. In 1619, while Chancellor, we find him writing to Ring James concerninir a prisoner confine<l in the Tower on suspicion of treason — ^^ If it may not l)o done otlierwiso. It is fit Peacock be put to torture. lie dcserveth it as well as Peacham did.'** • J»nlin#. op. eii. f|». S-t, U^. It If dM io Sir Tbenat to ^44 UmI Im •arncttly begi Lord BargbUy to rolooM bloi froa m iineeBg«Dlal •■ e«i|»!oj. ■irnl. « IbM. pp. 8, 41. * Worhf. rhilii(UI|.b{ii. 1^411. ITT. ISA. Penchani vim an ■oroHoimU eler* ; ■I 880 TORTURB. As in other ooantries, so in England, when tortare was once introduced, it rapidly broke the bounds wbich the i prudence of the Roman lawgivers had established for it. [ Thus, it was not only in cases of high treason that the royal prerogative was allowed to transgress the limits of the law. Matters of religion, indeed, in those times of perennial change, when dynasties depended on dogmas, might come under the comprehensive head of constructive treason, and bo considered to Justify the torture even of women, as in the instance of Ann Askew in 1546 ;^ and of monks guilty of no crime but the endeavor to preserve their monasteries by pretended miracles;* but numerous cases of its use are on record, which no ingenuity can re- move from the sphere of the most ordinary criminal busi- . ness. Suspicion of theft, murder, horse-stealing, embezzle- - ment, and other similar offences was sufficient to consign I the unfortunate accused to the tender mercies of the rack, the Scavenger's Daughter,^ and the manacles, when the aggrieved person had influence enough to procure a royal SjmaB in wbota desk wm found a MS. Mnnon, iMTer prMcbad, eonUinlng ■om« nnpaUtobU r«flacilonf on tiie royal prorogaiive, and ibo |»rorogiaiv« MMrtod iUelf by patting blm on tbo rack. ■ Bnmot, Hilt. Raform. Bk. iii. pp. S41-S. * Aooording to Micaader Nucios (TravoU, Camden 800. 1841), pp. 58, 62, tbo invottigation of tboM doooptlonf witb tbo Mvorest tortnros, €«rifraic i^MiTMc, wai apparonUy tbo ordinary mode of proeodnro. * Sir William Bkavington, a HenUnant of tbo Tower, nndor Henry VITI., immortaliaod bimielf by reviving an old implement of torture, eoneiating of an iron boop, in wbiob tbe prisoner was bent, boels to bams and obest to knees, and tbns ernsbed togetber nnmoroifnlly. It obtained tbe nickname of Skevington's dangbter, cormpted in time to Boarenger's Dangbter. Among otbor snflerers from its embraces was an nnlncby Irisbman, named Myagb, wbose plaint, engrarod on tbe wall of bis dnngeon, is still among tbo cariosities of tbe Tower : — «< Tbomas Miagb, wbicb lietbo bero alone, Tbat fayne wold firom bens begon ; By tortare straunge mi tratb was tryed. Yet of my Itbertic denied. 1681. Tbomas Myagb.'*— Jardine, op. cit. pp. 16, 30. BNOLAlfD. 881 warnint ; nor were these proceedings confined to the secret dungeons of the Tower, for the records show that torture liegnn to be habitually applied in the Bridewell. Jardine, however, states that this especially dangerous extension of the abuse api>ears to have ceased with the death of Elisa- Itcth, and that no trace of the torture of political prisoners can be found later than the year 1640.* The royal pre- rogative had begun to be too severely questioned to render such manifestations of it prudent, and the Great Rebellion settled the constitutional rights of the subject on too secure a basis for even the time-serving statesmen of the Restora- tion to venture on a renewal of the former practices. Tet ; how nearly, at one time, it had come to be engrafted on i the law of the land is evident from its being sufficiently *, recognized as a legal procedure for persons of noble blood ' to claim immunity from it, and for the Judges to admit * that claim as a si)ccial privilege. In the Countess of * Shrewsbury's case, the Judges, among whom was Sir Ed- ward Coke, declared that there was a ^* privilege which the law gives for the honor and reverence of the nobility, that their bodies are not subject to torture in causa criminvi latnm majrstatiB;" and no instance is on record to disprove the assertion.* In one class of oflTcnccs, however, torture was fyeqnently used to a later date, and without requiring the royal inter- vention. As on the Continent, sorcery and witchcraft were regarded as crimes of such |)eculiar atrocity, and the a%*ersion they excited was so universal and intense, that those accusetl of them were practically placed beyond the palo of the law, and no means were considered too severe to secure the conviction which in many cases could only be obtained by confession. We have seen that among the refinements of Italian torture, the deprivation of sleep for forty hours was considered by the most ex|ierienced autho- * Jardine, pp. 53. S7-S. < Op. eO. p. 65. 882 TOBTUBB. rities on the subject to be second to none in seTeritj Bnd effectiveness. It neither lacerated the flesh, dislocated the Joints, nor broke the bones, and yet few things could be conceived as more likely to cloud the intellect, break down the will, and reduce the prisoner into a frame of mind in which he would be ready to admit anything that the ques- tions of his examiners might suggest to him. In English witch trials, this method of torture was not infrequently resorted to, without the limitation of time to which it was restricted by the more experienced Jurists of Italy.* In Scotland, torture, as a regular form of Judicial inves- tigation, was of late introduction. In the various codes collected by Skene, extending from an early period to the commencement of the fifteenth century, there is no allusion whatever to it. In the last of these codes, adopted under Robert IIL, by the Parliament of Scotland in 1400, the provisions respecting the wager of battle show that torture would have been superfluous as a means of supplementing deflcient evidence.* The influence of the Roman law, how- ever, though late in appearing, was eventually much more deeply felt in Scotland than in the sister kingdom, and consequently torture at length came to be regarded as an ordinary resource in doubtful cases. In the witch perse- cutions, especially, which in Scotland rivalled the worst excesses of the Inquisition of Oermany and Spain, it was carried to a pitch of frightful cruelty which far transcended ' Lcoky, Hui. of BAUoDftlUm, Am. •d, I. ISS.— In hb rwf inUratting work, Mr. Leoky men lions a euo, oooarriog under tho CosmonwealUi, of an ag«d eUrgyniMi namod Lowot, who, aAor an irroproaehable pMloraU of flfiy JMirf , foil nndor sntpioion. ** Tho nnbappj old man wu kepi awako for sevorftl suooemivo nighta, and peraoonied * till ho wu woarj of hla life, and was learoely aonalblo of what be aaid or did.' He waa Uion Ibrown into the water, condemned, and bung." — TUd. p. 126. The "pricking,*' or thruiting of pins into all parta of the body, in order to diaoover the in- aenaible apot, which, according to popular belief, waa one of the etaeniial peculiaritiea of the witch, waa also a kind of indirect torture. * SUtnt. Roberti III. cap. xvi. (Skene). SCOTLAND. 883 the limiUi assigned to it elsewhere.* Indeed, it Is difllcuU to boHcve thnt the accounts which hare been preserved to us of these terrible scenes are not exaggerated. No cruelty is too great for the conscientious persecutor who believes that he is avenging his God, but Uie limitless capacity of human nature for inflicting is not complemented by a limitless capacity of endurance on the part of the victim ; and well authenticated as the accounts of the Scottish witch-trials may l)e, they seem to transcend the possibility of human strength.* Torture thus maintained its place in the law of Scotland as long as the kingdom preserved the right of self-legislation, and it was not abolished until alter the Union, when, in 1709, the United Parliament made ' Tliat ib« rigili, which elMwher* eontiiUd f loiply la keeping the M- cn^ril awake for forty heart by the tlmpleet aiAdef , In 8eeUan4 were hw» fnllj eggrarated hy a hand of iron failcned aroand the face, with fonr dl- v«rgent poInU thrast into the month. With thla the aecnaed waa aeenred immoYahiy to a wall, and ea»ea are on record in whieh thla inrappertahlo torneat wai prolonged for Sve and oven for nine daye. — Leoky, op. cli. I. 14S-S. * I qnole from Mr. Lecky (p. 147), who gUei aa hla authority •• Pltoaira*a Criminal Triale of Scotland.** *' Bnt other! and perhape worie triala were In retenre. The three prin- cipal that were habitually applied were the pennlwinkle, the boola, and the eaMhielawie. The flint wae a kind of thnmbeerew ; the aecond waa a fnuno in which the leg wai innertrd, and In which it wai broken by wedgea drivea in by a hammer ; the third waa alto an iron frame for the leg, which waa from time to time heated over a bratler. Fire matebet were aometimea applied to the body of the rictlm. We read, In a contemporary legal reglator, of one man who waa kept for forty-eight honre In * ▼obement tortonr* !■ the caachielawie ; and of another who remained In the aame frlghtTnl mnchlao for eleven daye and eloTen nighta, whoee lege were broken daily for fonrteea daye In the boola, and who waa to eoonrged that the whole akin waa torn from hie body.** Theee eaaee occnrred in 16MI. Theae borrora are almoet equalled by thoae of another trial In which n Dr. Fian waa accniied of having caafcd the etorma whieh endangered the ▼oyage of Jamee I. from Denmark in 1690. Jamee peraonaliy anperinteaded the torturing of the unhappy wretch, and afler eihanatlng all the tormenta known to the ekill and eapericnce of the eiecutionerr, he invented new onea. All were vain, howerer, and I ho victim waa laaliy burnt without eonfoating hie iil-deeda. (/AiW. p. 123.) 334 TOUTUBB. baste, at its second sesaioiii to pass an act for ^ improving tlie Union," by wbicb it was done away witb.* A system of procedure, wbicb could lead to results so deplorable as tbose wbicb we bave seen accompany it everywbcro, could scarcely fail to arouse tbe opposition of independent men wbo were not swayed by reverence for pre- cedent, or carried away by popular impulses. Accordingly, an occasional voice was raised in denunciation of the use of torture. Tbe sceptic of the sixteenth century, Mon- taigne, for instance, was too cool and clear-beaded not to appreciate tbe vicious principle on which it was based, and be did not hesitate to stamp it with bis reprobation. " To tell tbe truth, it is a means full of uncertainty aud danger; what would we not say, what would we not do to escape suffering so poignant f whence it happens that when a Judge tortures a prisoner for the purpose of not putting an innocent man to death, he puts him to death both innocent and tortured Are you not unjust when, to save him from being killed, you do worse than kill hiui f"* lu 103-1, tlie learned Johaun Oraofe, iu his " Tribuunl Rcrormatuui," argued forcibly in favor of its abolition. When the Frcucli Ordonnance of 1670 was in preparation, various magistrates of the highest character and largest experience gave it as ■ 7 Anno «. SI.— While ibu legblatiagfor Uio tnligliU&meiii of BMUud, tb« Engliah majoriiy look o»r« to retain ibe eqnaUj barberovi praeiiee of ibe jwt'fM forU §t dun, Tbis waa not ttriotly a loriare for iBveatlgeiion, bni a paniehment, wbicb was inflioted on tboee who refnied to plead either guilty or not gniity. After iti eommoneeinenii the nnfortanate wretch waa not allowed to plead, but waa kept nnder tbe preM until death, ** doneo onerie, frigoris atqne fiiniia eraoiatu eztinguitur." — See Hale, Placit. Coron. o. jcliii. Tbia relic of barbariam waa not abolished unUI 177S, by IS Qeo. III. e. SO. ' Baaaia, Liv. ii. chap. t. — Montaigne lUuatratea hla poaltion by aatory from Froiaaart, who relatea that an old woman complained to Bijatet thai a soldier bad foraged on her. Tbe Tnrk suwmarii j disposed of the soldier's denial by eausiog his stomach to be opened. Uo proTod guilty — bnt what bad be been found innocent? RBMONBTRANOB. 886 thoir flxod opinion that tortare was useless, that it rarely siiccccclcd in eliciting the truth from the accused, and that it ought to be abolished.' Towards the close of the century, various writers took up the question. The best known of these was ]icrhnps Augustin Nicolas, who has been fre- quently referred to aliove, nnd who argtie«l with more seal and learning than skill against the whole system, but es|)e- cially against it as applied by the Inquisition in cases of witchcrall.* In 1G92, von Boden, in a work alluded to in the preceding pages, inveighed against its abuses, while admitting its utility in many classes of crimes. In 1705, at the University of Ilalle, Martin Bcmhardi of Pomerania, a candidate for the doctorate, in his inaugural thesis, argued with much vigor in favor of abolishing it, and the dean of the faculty. Christian Thomas, acknowledged the validity of his reasoning, though expressing doubts as to the practicability of a sudden reform. Bernhardi states that in his time it was no longer employed in Holland, and its disuse in Utrecht he attributes to a case in which a thief procured the execution, after due torture and confession, of a shoemaker, against whom he had brought a false charge in revenge for the refusal of a pair of l>oots.* These efforts had little effect, but they manifest the pro- ' Dm Mftgifltniti r«eeaiai«ndabl«i ptr vne gimiido eapMiU •! par an* •xp^i«iiet eoMeaiin^, I'eUiit •ipliqo^ ivr ee gear* d« qattlleB, a«roi«Bl 4^l»r^ qa*»Uo Umr byoU tonjoari waibM inaiiit, qa*i] ^U nr» qae la qaM* Uoa pr^raioir* eftt ilH la rdrit^ de la boeoho d*aa aoeei6, ai qa*il j avail da fartai laliwnf poar aa tapprimer Tanga.— IMelaraUan da S4 Aofll, 1^80 (Iniabari, XXVII. S74). * NIeolaa It eartfal fa aftart bli antira ballaf la tba ailtUnaa of torearj aad hit ilaeara dailra far lU paainhmanl, and ba la ladlfaaai at iba popalur featlag wbleh ■ligmatisad Uiaae vha witbtd far a rafarm In praatdara aa *' ava- aala daa farelara.** " DarnhardI Dl«. Inaag. aap. ii. ff It., x.— Darn hard i T«ninrad aa tba ■■a af fry daaided laagnaga la d^naaeiallaa of Iha »jffUm. — " Injatlaai, lalqaani, faltaeani, laaignlaia laaloraai pramotrlcam, ei d«nlqna omnl dlrlni laailniaBli apMla daHiiataai Msa hana Tialanlaoi lartaram at protnda tx Ibrlt Cbrbilanaraai rajlelfndan lalrtplda affara.** (Ibid. eap. i. f I.) 33 386 TOUTUAB. gress of enlighteDment, and doubtless pavod the way for change, especially in the Prussian territories. Yet, in 1730, we find the learned Baron Senckenberg reproducing Zan- ger's treatise, not as an archieological curiosity, but as a practical text-book for the guidance of lawyers and Judges. Ten years later, however, the process of reform began in earnest. Frederic the Great succeeded to the throne of Prussia, May 31, 1740. Few of his projects of universal philanthropy and philosophical regeneration of human nature survived the hardening experiences of royal ambi- tion, but, while his power was yet in its first bloom, he made haste to get rid of this relic of mcdiieval barbarism. It was almost his earliest official act, for the cabinet order abolishing torture is dated June 3d.^ Yet even Frederic could not absolutely shake off the traditional belief in its necessity when the safety of the State or of the head of the State was concerned. Treason and rebellion and some other atrocious crimes were excepted from the reform ; and in 1752, at the instance of his high chancellor, Oocccji, by a s|)ccittl rescript, he ordcrcil two citiasens of Oscherslcl»cn to be tortured on suspicion of robbery." With singular inconsistency, moreover, torture in a modified form was long permitted iu Prussia, not precisely as a means of in- vestigation, but as a sort of punishment for obdiu'ate prisoners who would not confess, and as a means of mark- ing them for subsequent recognition.' It is evident that the abrogation of torture did not carry with it the removal of the evils of the inquisitorial process. ' Carlylo, Hiai. Friedrich IT. Book zi. eh. i. * I flod thia ■UUmaol in ad ■eoount by 0. F. GUnUier (Lipiin, 1838) of the abolition of torlnre in Saxony. * QUniher, op. oit.— It appears that the anthoritlei of Leipsig, in 1769, when allied their opinion on the auljeel, reported their approval of the plan then followed in the PruMian dominions. — **In terris Borufsieis tornienta non plane esse abrogate, sed interdum adhno adhiberi, non tantum ut rei faoinora oommlssa eonflteri cogantur, sed etiam no, qui pertlnaoiter nega- rent, plane impunes evaderent ; imo interdnm torqueri quasi momorisB eaon, videlioet nt nefarii homines, si rursus deliquerent, ikoUiits eognoioerentur." ABnOQATION. 88t Wlicn tlio royal philosophor of Enropo thus halted in tlio reform, it is not singular that tho more conserrative monarclis around him should have paused before eommit- ting thcmsehxs to so great an innovation. From 11*10 to 1783, Saxony was engaged in a thorough remodelling of her system of criminal Jurisprudence, in which the whole appa- ratus of torture was swept away ; and in Switzerland and Aus- tria it shared a like fate about the same time. In Russia, the Empress Catherine, in 17 G2, removed it from the Jurisdio- tion of the inferior courts, where it had l^een greatly abused ; in 1767, by a secret order, it was restricted to cases in which the confession of the accused proved actually indis- pensable, and even in these it was only permitted under special commands of governors of provinces.* These limita- tions naturally soon rendered it almost obsolete, and it was finally aliolislied in 1801. Yet, in some of the states of Central Euro|)e, the progress of enlightenment was wonder- fully slow. Torture continued to disgrace the Jurispru- dence of Wirtemberg and Bavaria until 1806 and 1807 ; and even the Napoleonic wars were unable to eradicate it, for Hanover retained it until 1822, and Baden until 1831.* Even Prance had maintained a conservatism which may seem surprising in that centre of the philosophic specular tion of the eighteenth century. Her leading writers had Qot hesitated to condemn it. In tho '^ Esprit des Lois," published in 1748, Montesquieu stamped his reprobation on the system with a quiet signiflcance which showed that be had on his side all the great thinkers of the age, and that he felt argument to be mere surplusage.* Voltaire did not * Da B071, Droit Crinlntl dct PeapUt ModoniM, I. 6t0. * JftrdiBO, Um of TorUra in Xagluid, p. 8. * Taat d'habilM g«Bi •! iaai d« b«aax g^alM obI ^rti eonlr* etlU pra- tlqvo qao J« ■*0M parltr aprda aax. J*allob dira qa'dta poarroli ooaYoalr daaa lat goaroraaaitnto da«poUqaei ; oft toai qal larplra la eralato oaira pla« daai let rMtorta da goavoraeaieal : j*allob dira qaa Itt tMlavat, ekat Im Qnm ti cbei let Romatnp — Matt J'anlaada la yoIi da la aaiera qal eria e«»ntr« laol — Liv. ti. eh. itH. 388 TORTUHV. allow its nbBurdities and inoongrnities to escape, and in 1777 he addressed an earnest request to Louis XYI. to include it among the subjects of the reforms which marked the opening of his reign.* Yet it was not until 1780 that the quesHon preparatoire was abolished by a royal edict which, in a few weighty lines, indicated that only the reve- rence for traditional usage had preserved it so long.' It is probable, however, that this reform was not strictly carried out, for, in 1788, another ordonnance commanded its ob- servance, which would hardly have been necessary had not some additional sanction been found requisite.* The ques- tion difiniiive or prialable^ by which the prisoner after condemnation was again tortured to discover his accom> plioes, still remained until 1788, when it, too, was abolished, at least temporarily. It was pronounced uncertain, cruel to the convict and perplexing to the Judge, and, above all, dangerous to the innocent whom, the prisoner might name in the extremity of his agony to procure its cessation, and whom he would persist in accusing to preserve himself from its repetition. Yet, with strange inconsistency, the abolition of this cruel wrong was only provisional, and its restoration was threatened in a few years, if the tribunals should deem it necessary.* When those few short years ' Oh^niol, Diet. Hiti dct IniiiiiiiloM de U Fnmoe, P. II. p. ISSO (Parif, 1856). '^ ■ IMelaralion da U Aoflt 1780 (Itamborl, XXYII. S7S). ' IMeUnition da S If mi 1788, ari. 8. '• KOtrt d&laration dn M AoAl Mra •x^at^** (Iiamberi, XXIX. 632). ' Ibid. (Iiambart, XXIX. 629). It U noUworthy, as a tign oftho Umper of tbd iimM, on tbo ere of ihe eonvooaiion of tho Noiablei, thai ihU •dtol, which inirodaood Tarioas amelioraiiou in oriminal prooodaro, aod promifed a mor« thorough r«form, ioTitea from tho oommanity at largo soggostions on the snbjoct, in order that tho roforn may embody the roealti of poblio opinion—" Noai ^Idverons ainsi an rang dea lois let r^nltats de Topinion pnbliqne." This was pare demooratio repnblioanism in an irregular form. The ediot also indicates an intention to remoYO another of the blots on tho oriminal prooednre of the age, in a raguo promise to allow the prisoner tho privilege of oouniel. ABROQATION. 889 canio around, thoy dawned on a new France, from which the old systems had been swept away as by the besom of dcatmction ; and torture as an element of criminal Jorispru- dcncc was a thing of the past By the decree of October 9th, 1789, it was abolished forever. In Italy, Boccaria, in 1T64, took occasion to devote a few pages of his treatise on crimes and punishments to the sub- ject of torture, and its illogical cruelty could not well be exposed with more terseness and force.' It was probably due to the movement excited by this work that in lt86 tor- ture was formally abolished in Tuscany. Tet Italy, which was the first to revive its use in the Middle Ages, was the last to abandon it Unless we may disbelieve all that is told of the means adopted to preserve legitimacy against revolutionism during the interval between Napoleon and Oaril)aUli, the dungeons of Naples and Palermo may boast of being the last European reAige of this relic of brutal and unreasoning force. In casting a retrospective glance over this long history of cruelty and injustice, it is curious to observe that Chris- tian communities, where the truths of the Gospel were received with unquestioning veneration, systematized the administration of torture with a cold-blooded ferocity unknown to the legislation of the heathen nations whence they derived it. The careful restrictions and safeguards, with which the Roman Jurispnidenco sought to protect the interests of the accused, contrast strangely with the reckless disregard of every principle of Justice which sullies the criminal procedure of Europe from the thirteenth * IM D«liUl • doM* P«iio i zti.— Tbo fkndftaMUt error !■ Ibo pr«T»ltiil fTfUm of orlmioftl proeodoro If woU eipoaod In Boe«trta*t roaark UmI m noUiomoileiaii woold bo boUor Uim o l»f iti for Uio mIoUob of the MtooUal probltm In erlminnl trUlt— " DaU la rom del nnfeoll e la Mnelbilll^ dtllo •bro dl ■■ InnooenU, Iroraro II grado dl doloro obe lo fari ooafoaMr roo dt ■n d«lo delttto.'* 33* 890 TOBTURB. almost to the nineteenth centuiy. From this no race or religion was exempt. What the Oalvinist suffered in Flan- ders, he inflicted in Scotland ; what the Catholic enforced in Italy, he endured in England; nor did either of them deem that he was forfeiting his share in the Divine Evangel of peace on earth and goodwill to men. The mysteries of the human conscience and of human motives are well nigh inscrutable, and it may seem shocking to assert that these centuries of unmitigated wrong are directly traceable to that religion of which the second great commandment was that man should love his neighbor as himselfl Yet so it was. The first commandment, to love Ood with all our heart, when perverted by supersti- tion, gave a strange direction to the teachings of Christ. For ages, the assumptions of an infallible church had led men to believe that the interpreter was superior to Scrip- ture. Every expounder of the holy text felt in his inmost heart that he alone, with his fellows, worshipped God as Ood desired to be worshipped, and that every ritual but his own was an insult to the Divine nature. Outside of his own communion there was no escape from eternal pertlition, and the fervor of religious conviction thus made persecu- tion a duty to Ood and man. This led the Inquisition, as we have seen, to perfect a system of which the iniquity was complete. Thus commended, that system became part and parcel of secular law, and when the Reformation arose, the habits of thought which ages had consolidated were uni- versal. The boldest Reformers who shook off the yoke of Rome, as soon as they had attained power, had as little scruple as Rome itself in rendering obligatory their inter- pretation of divine truth, and in applying to secular as well as to religious affairs the cruel maxims in which they had been educated. Tet, in the general enlightenment which caused and accompanied the Reformation, there passed away gradually the necessity which had created the rigid institutions of PROQABBB or 01 VILIZ ATION. 891 tlio Middlo Af^. TliofM) instttutionB hiul ftilfillod thoir miBBion, and the navii^o triliofl thni hod broken down the woni-oni civil iznt ion of Ilonio wore at Infli becoming fitted for a higher civilization than the world hod jet seen, wherein the precepts of the Gospel might at length find practical expression and realization. For the first time, in the his- tory of man, tlie universal love and charity which lie at the foundation of Christianity are recognized as the ele- ments on which human society should be based. Weak and erring as we are, and still far distant from the ideal of the Saviour, y^t are we approaching it, even if our steps are painftil and hesitating. In the slow evolution of the centuries, it may only be by comparing distant periods that we can mark our progress; but progress neTortheless exists, and future generations, |)erluips, may be able to emanciiMite themselves wholly from the cruel and arbitrary domination of BU))erstitiou and force. INDEX. ABiNai»oii, Abb«j of, ordMl of lot vfed bj, S44 nlraeiiloai eroM, S48 Ab«Nf of tb« ordMl. 205, S7S of Corittr«, S69 AeevmiorUI eonjarmton, 67 AeeaMri rabjeeted to ibe ordeal, S63 A«eaMr obliged to Imerib* him- Mir, SOO even in the ohm of pIuvm, IDA •nbjeeU<l In Ux Utiionif^ 390 titrlnre of Iho neenned by Ibe, 311 Admlrnltj eoorto, dool boI nllow- •<lin, III Adrinn modornUt «• of torioro, S07 Adnltory. lortnro JaiiiStd bj, SOO AdrowMB, 193 Afrien, nnmorovi ordcnli in, 182 Agobnrd, St., ofpoMi tbo dnol, 133 Mid tbo ordonl, 207 Alfonw the Wuw of Caitilo, SI2 rMirietf tbo dnol, 160 Iho nio of iorlaro, 315 doot not roeogntto erdonia, )70 Amwif of Bgypi, 170 Amieno, nobleii of, donnad ibo dnol ON % rigbt, 101 Amitordam, rooo of lorlnro In, 800 And row, 6i., loneo of, 211 Anglloan Chnroh ndopU oompnr* ffation, 00 Anglo- Snxoni, bottlo>ordool «n» known to the, 83 tortnro not ntod by, 870 AhmIb nnd tbo Cbnreb of T^on, 141, 222, 823 Aatonlnno Pino oxtondi tbo tor- tnro of •Invof, 292 forbids tortnre nflor oonrio- tlon, 290 ApponI to Qod In priTnto qnarrolf. 249 Appeal of mnrder, 171 defended in Parllamoat In 1774, 172 Apponle nlwm deeldod by dnol, 91 bow eondneted In Oormany, 94 from ordon to torinro, 810, 850 OToded, 808 Appellant Tanqnlsbed, pnnlab- montof, lis itx tmiUmii applied to, 1 14 Appellant, obolee of woapone oon- ceded to, 117 Appellate power granted to Pnrlo- ment of Tarl^ 102 Amuptna and Abbey of Flenry, 235 Aflhfonl V. Thornton, la 1818, 178 Aniaef do Jornaalem, 57, 207 torture in, 827 Atroeity of torture eyetoB, 809 Atto of Vereelli oppoeea tbo duet, 135 Andefrol.le.Bltard, ballad by. 51 Anguftna introdnoof iortnre of freemen, 285 bis opinion as to tbe tortvro of slaves, 291 Austria, Dnkes of, permitted to employ ebamploas, 101 torture abolished la, 887 A Titus of VIenno opposes tbo duel, 138 Ayeen Akbery, 179 Bacoh, I«ord, rooommoads tor- tore, 879 Baden, toriaro abolisbed. 1881, 887 Bnbr-reobt, 247 Bail required of parUea to duel, 1 10 responsibility of, 100 Balaaee, ordeal of, 224 used as late as 1728, 225 form employed la India, 225 Barbarians, ordeals ladlgeaoafl among, 188 eentrast between tbom aad Rome, 800 aatare of their lastttutlons/ 801 lortare for freemen unknowa to tbeir laws, 802 894 iMDrnx. of ■l*T«S, Ul iaUntU of tlie owmor pro- tooted. SM ao tortaro of ■Hoiimm, M4 dioKgard of tlio low by tho MoroTbmiau, StS BolUo ordool, dioUnnidMd fioa dool, T6 oricio oUiibotod toOofai oad Abol. T9 !■ 8poio ot RoBUU ooMocotte 79 1 by OBoioBt Oooli I Qomoat, 79 Bg OBOkBt SOBOO Bad Irfab, 80 tho BBigBBdioao, 81 tbo ProBks, 81 tbo Lombordfl. 82 mBkBowa onoag ABglo- 8bxob0| 83 iBlfodaood by WiUioai iho Cooqaoror, 83 aakaowa to tbo Wisigotblo lawi. 84 aiod by tbo Paaaoolaa Ootbo, 85 Bad SolBToak triboo, 85 omployod to a romody for ongiBBf' jiaally ooaiaod to doabi- fal oBfof , Iti BM ojLtoadod by oballoa- glag witaoiioa. Bad jadget, Bppoali Biwayi ooadaotod ia thli maaaor, ■loador rostriotioaa oa, miolBam ybIbo for vbUb aliowod, lofty roak oo oxompiloa, awd {a iateraatioaBl quot- tiOBP, bunbloit oIbmos tabjocted to it, botwoea parttoo of difforoat eoaditioni, ooolotiMtiof, Bod Utbob, la oooloaiastioBl oourto, ia Bdniralty ooartt, fonai Bad ooromoaioi ot, OBtb prelimiBBry to, eoaaoqueaeoa of defeat, Ux talionu, bail reqaired of eoatottaati, pBni«bmoBt for defitalt, ohQioo of voapoaa, 87 99 100 101 lOS 103 105 100 107 109 HI lis lis 113 114 110 110 117 obaaipioaa, oiployoat U, 119 dorirod flVoM witacaMS, ISO peaalUoa oa deiitatod, ISS prpfeaoieaBi, ItS tboir degradatioB, 125 realrietioaa oa aaa of; ISO of ooBuaaaoB, 131 of obar^cs, 132 oppoaitioa of tbo obaiab, 133 oaooaiagod by tbo Sazoa Otboa. 135 oaployod la diplomaoy, 136 llMOod apoa tbo obarob, 137 aalTonal ia lOtb and Utb ooaUrfoa. 138 ■otovortby obbm of ill oai- ployvoat, oxplaaatioaa of ill iajastioo, abrogatod lo loolaad, ia Doamark, lalooaoo of tbo Tiora-Stat, of ooBiBioreo, of tbe obareh, of tbo Roaiaa law, ofbrta to roatriet it ia 13tb ooBtary. abolidiod ia Mijoroa ia 1248, 150 roatriotod by Alfoaao tbo Wiao. 150 by 8i. Loaia. 152 oppoiitloa of feadaliaoi, 154 logUUtioaorPbilippo.|e.Bol, 157 139 141 142 143 143 145 147 148 149 oflbrto of tbo Parleaoat, roaotioa aader Loali X., poniatoat popalar faitb, gradaal dcoliao ia tbo 14tb Bad 15tb eoBtariea, roYiTod by Baglisb oooapa- 159 101 102 103 104 .ia 10th ooatury, 107 ratirlotod la Haagaiy ia 1492, 108 Joliaa II. probibito it ia 1505, 109 proTailfiaEa»iBaalill049. 109 ia Sootlaad ia 10th ooatary, 170 ia Boglaad la lOtb aad 17tb ooatarioe, 171 abrogatod ia 1819, 174 BaYBria, tortaro abollahod. 1807, 387 B4arB, eompargatioa ia 18th ooatory, 01 roitriotioBi oa tho daol la, 98 daol la eodo of 1552, 105 tortaro aot aaod la 1288, 333 INOKX. 805 BMamanoIr, OomlamMda DaM^ ▼oIpUi. 67 opinion of the doel, 166 DO ftllntioM to ordoai In, 376 ■o nllaf ionf to toriaro in, SS4 BeeeariA argnet ngaintt toriaro, S89 Bolgiom, CMO of wnUr-ordoal In 1816, SM Bora and Sanila, dnel of, 86 Barnard (Si.) approvaa tho ordoal, 368 Bomhardi, Mari., argvaa agalui iortnro, S86 Bignon, Jerftne, hit tctitnioaj aa to waior-ordoal, S37 BiiUr watar, ordeal of, 180 Bioia, ordonnaneo of In 1498, S49 Blood, ordeal of, 346 oxamplea of Ita nfo, 346 oaplo/ad in iho nth ecninrT, ft*.7 not wad In primiiiTo iimaa, 347 belief In, alill axirting, 347 In 1836, in New York, 369 Bobonian, Dr., caaa of, S67 Boden, Ileinrich Ton, iraoi on iorinro, 866 deplorea abotei of toriaro, 885 Boot, tba, B Beolibh toriaro, 883 Bordeaax, toriaro liitia mod, 843 Boihwellelaini9iliodnetlnl6«7, 170 Broad, ordeal of, 333 formnlaa of, 333 ohieflj naod bj Anglo-Sazont, 336 omplojod in ibe 17ibooni«rj, 336 form need In India, 336 Bnlgarlana, nse of torinra In 9th eeninry, 336 Bargand J, noblet of, domand the doel aa a right, 161 Bnrke, defenile iha appeal ofmvr- der in 1774, 173 CALASABbean, ordeal of, 183 Calignla, appotlia for hnnan inf* faring, 380 Oaraealla, toriaro of women for poiaoning, 390 Carioringiana. tortnra not naed for oYldenee ander, 818 toriaro aa pani^hBeni, 319 toriara nnnaeeppary, 319 Ineowpaiible with foroM of proeedare, 330 Carolina Conatiiaiiona, 363 Carroagea and Jaoqaea la Grit, doel baiweeo, 163 Gaaohlalawia, a Seoiiiab toriaro, 883 Celetiin III. prohibita the doel, 147 Champagne, noblaa of, domand the doel, 101 proieai agalnai toriaro, 841 aharUraofin 1316, 841 Champion of England, 101 Champlona fnmlahod bj aaioraln, 106 weapon* of, 117 employment of, 119 aeleeted from iho fomltj, 1 19 aa wiinaaaaa, 130 hired, 131 defeated, panbhmant of, 133 profemional, 133 IdenilOed with gladiaton, 134 degradation of, 136 retirleiiona on nao of, 130 generallj amplojed in elrll eaaea, 138 aqnalitj protarrad botwoan, 130 for eommaaiiiea, 131 in the ordeal, 300 Chariemagne'a nao of ordoal of oroH, 330 deereea oonOdenee In ordeal, 303 oharaoUr of hia legialaiion, 318 Chariea of Anjna, 77 Charles VI. aaaomea aole power to grant the doel, 104 Charles the Qood of Flanders, 303 ChaHes V., eriminal eode of, 863 Charters granting ordoal to ehnrches, 371 granted bj Lonis Hotin 840 Chaniaigneraje and Jamae, dnol between, 107 Ch«telei of Paris, ase of toriara, 344 Children aa eompnrgaiers, 38 China, aneieni form of belief In, 170 Chon-King, or aaerad book of China, 177 Christians, tortnrad ander Nero, 387 speeial edieta of Dioclaihin. 387 Chrlsiiaaiiv, inOnenee of, 396, 390 Chrlaiiem V. of Denmark, laws of, 376 Chnreh, proOts deriTed fVom ad- minlaiering oatha, 38 Botexempiedfh>mihedae1, 100 ohampions of, 133 oppofUion to the dnol. 138, 147 relations of to the ordeal 300 adrerae to ioriare In ninth eeninry, 819 hoeiile to Urinra aniU 13ih eenlnrj, 336 InOnenoe in inirodnelng tor- iaro, 830 896 INDEX. Ciocre, Tmrjlng eplBloM of tor- iura, SM CItU MiiU, toriar* in, MS OlMt priTil«gM. 19 CUadiBt, foadiMM ibr wttocalag iorUr«, S86 OlOTgy, exMBpUoa of from tor- tore, SIT CloTlt Mid ibo TBM of Soinon*, SOI Coke, BIr Bdvocd, odmlaiiton tortaro, 8T9 Oolbort, rorlfloB of orlmlaml Uw Cold-wfttor offdosl (too WaUr). Ooloaon, St., tortarMl to doath, 821 Ooiqnieroo, lalaoneo of. on tho daol, 168 on ordeol, 247 OominanM, chomploni ol^ 131 ialaoiMo oC on tho dnol, 143 on ordoolt, 277 BTorto to torture, 842 Oompargntore (fee Conjuruiori), Compnrgotlon, 24 nnlf^raol nee of, 24 nntlqnltj Qi, 26 ndopted bj the ehareh 26 speeUll J need b j eoeleiimtici, 29 Bodeo of admlniitering oath, 38 legal valae ot, 39 ai a ■ttbftitate for defloient toiUmonir, 40 little eonftdenoo Infplrod bj it, 46 49 60 63 67 Mfegnardf of the lyitoBi, perjary ooeaaionod bj it, in Bngland, in the thirteenth eentarj, nndermined hj the Roman lav, 67 In Hormandy till 1688, 00 In B4arn till 18th eentarj, 10 in Spain in 14th oenturj, 01 In QermanT In 1648, 02 In Sootland In 14th eentarj, 02 In Denmark in 1083, 03 in Sweden in 1063 03 in Poland in 18th oentnr j, 03 In England until 19th oen- turj, 04, 06 preeerved bj the ehnreh, 06 adopted bj Angliean churoh, 00 Oompounding for the ordeal, 202 Confeuion under torture retraoted, 307 estlmaU of, 308 Oonfldence reposed In the ordeal, 201 Coatdoneo In ovidonoo b j lor- Uro, 297, 307 Cottfaolae, 177 Goajaraton, 24 geaorailj klaemen, 80 nnmbor reqaired, 31 modea ofeeleotlng, 36 oomparisoa with wItniMii, 40 heldgalltjofperiorj, 47 penalUes inlloted on, 48 aoeantorlal 07 In Swabia 70 In the Pehmgerleht, 70 In Britannj, 70 Oonrad of Marbarg, Qraad la- qaleltor, 68, 270, 272 Oonetantlne, torinro of freemen aathorlted bj, 290 Oonitltationea Bioalaram, 67, 149, 274, 329 OoBToreion of Danea bj ordeal of hot Iron, 200 OonTiete not torinrod for oyI- deneo under Roman law, 290 toriared under modem lawe, 361 301 309 Oonloa, tortaro la 14th eentarj,' 344 Coranaid, 322 Oonej, Bngaerraad do, 160 Ooaej, Jaoquei do, oaeo of 361 Ooanoll of Valenoe denoanoos the duel, 134 of Lateran, duel prohibited hj, 14T oeremonlea of ordeal In- Urdiolcd bj, 272 Oonrti lUble to ehallenge bj de- feated pleadera, 90 admiraltj. 111, 278 Ooai (lea) Ion roi, 110 Crimen mi^eitatls, freemen lia- ble to torture for, 286 extended applioation of, 280 slafei tortured agalnet maa- tera in, 294 In modem tlmei, 814, 317. 340, 344, 360, 379, 380 Orlpplea foroed to furnlih oham- ploni, 106 Oroof, ordeal oC 230 earliett Inetanee in 762, 230 IkTored bj Obarlemagne, 230 •ubftitutee allowed in, 231 ▼arlatlona of, 231 forbidden bj Lonii-le-D6bon- aaire, 231 again laTored bj him, 232 ■oon dliappean, 232 INDBX. 897 I Cnlln, fviiod of, eoBd«iBBf wiiUr •rdeiJ in 1745, S28 Damaois for iorittrail flurefl, 284 Dmici eoavtried by ordeal of hoi-iroB, S06 DsnUio, oMe of vaUr ordeal la 18.1A, »9 T>ear and damb liable to titrtare, S60 Deceit aaihorited to obtain eon- feraioBf, S73 l>eearionf not liable to torturo, S89 Defanltera In doel panhihed, •* 116 Defeat In dnel a eonflotion of perjary, 112 Defendant, Tanqnlshed, pantfh- mentol^ 113 ahoieo of weaponi oonooded to, 118 Defence, hopelenneM of nnder tortnre Rysten, 360 Demdailon of profeaiional enampionii, 126 Del Rio, bU initrnctlons ai to lortnre, 363, 373 Denmark, oomimrgation In 1683, 63 antlqnilj of battle ordeal in, 80 dnel abrogated in, 143 ordeal aboliihed in 18th oon- tnry, 274 lortnro not logalltod nntll 1683, 376 Drerane, 60 Diocletian, bii peneontlon of Chrliitiana, 288 forbid* the tortnro of aoldlen and others, 280 reetrlote nao of torture, 207 DIvlnlns rod, 270 Divination bj lot forbidden bj the ehnreh, 243 Docton eiem pt from tortnro, 8 1 4 DoK of Montarghi, 162 Domiilan, tArtore of patrleian by, 200 Doabtftit retnlla of ordeal, 265 Dnel, Jndioial (aeo BouU OrdMt). Dnria, proTalenee of nnder Uenry IV., 78 Dnnninf , defende the nppeol of mnrder In 1774, 173 RccBLiHO dl Romano, 320 Reeleaiaatioal eonrta, uae of oom* parKation by, 66 JnrladTeiioB over dueU, 100 oppoeition to the ordml, 267 Rcclealaatlea and women not al' I Ivwtfd to leatify, 80 84 Beolealaatio^^ obliged to BBderso thodaol, 106 atmggle to maiBtaia the dBoi. no aad the ordeal, 271 elalm eiemplioB from ordoal, 260 not liable to tortnro, 817 their preeeaoe at tortnro pro- hibited, 320 Bdietum Theoderiel, 84 Egypt, traeea of ordeal in, 170 Rgyptlana, tortnro not need hy, 282 RIfatan of WinoheaUr, eaao of, 200 Rmerleh ron Roobaoh, Proeemna CrimiBalia, 355 Bngland, compBrgatlon naod nn- Ul 10th eentnry, 64, 65 baUlo ordeal introdaeod at the Oonqneat, 83 reair lotions on the dnel In, 07 duel in elTilaniUnntil 1571, 171 dnel in orimlnal eases nntll 1810, 173 ordeal aboliahed in 1210, 273 tort#e nnder KinaBUphen, 324 history of tortnro in , 376 not reoognlsod by common law, 377 need nnder royal prerogatlvo, 378 abandoned afUr 1640, 381 exoeptineasesof witeberaA, 381 Peine forU et dnro, 384 Bpicharts, ferUtnde of, 288 Rqnality of weapons in the dnel, 118 RrfoH, tortarc of inhahitonts of, 324 Ruimate of extorted eonfeosion, 368 K<trapade, Urtaro of, 316, 351 litablissemonts of 8t. Lonis, 153 no allnsions to ordeal, 275 no allusions to tortnro, 333 Boebarist, mlraoniona powers of the, 241 ordeal ol^ 236 formnlas of, 237 need in 7th oenlary, 237 eases of its employment, 238 forbidden by Robert tho Piona, 230 andbyOregorr VII.. 230 other eases of its aee, 241 Engenlns II. intrednoes the eold water ordeal, 218 Boronean ordeals identioal with Indian, 178 Rtidence, varieties of, 17 of relaUves, 30 by lortnre, valne of. 207 Kx cm pi ion of nobles from tortnre, 314 898 INDKX. Bzperlm«iituiB oruois, S32 Valsb doeretali diiappro?* of torture, SSO Vunilj, roflponsibiUty of tho, 16 ehamplont ftimlshod bT, 119 Foea to priesti for tbo ordefti, S71 Fchmgtrioht, aooiuatorial oaibi in tKe, 70 Fei&l, anUqnity of batUe ordo*l among, 80 thoordoalindigonooa among, 190 Fondillea and dot Qnorrea, duel between, 167 Fandai efforta to maintain the dael, 164 to reaiat torture, 839 Feadaliam weakened by tbe Ro- man law, 148 not faforable to torture, S21 Juatiee atill rendered in pub- lic, 321 oooaaional alluaiona to tor- ture, 822 torture uaed to extort maney, 824 oppoaition to torture in 1316, 889 Fian, Dr., oaae of; 883 Fire, ordeal of, 208 at flrat uaed for alarea and alraogera, 208 eaae of Petrua Igneua, 200 Groaaolano of Milan, 210 tbe lanoc of 8t. An- drew, 211 Bt.Franoiaof Aaaiai, 212 Savonarola, 213 generally an ecoleaiaatleal ordeal, ' 216 relioa teated by, 216 Fonlainea, Pierre de, 68 opinion of tbe duel, 166 no alluaiona to ordeal in, 276 no allaaiooa to torture in, 834 Fore-oatb of Anglo-Sazona, 68 For de B4am, compurgation in, 88, 43, 61 duel in, 166 no alluaiona to torture in, 833 Formula of oompurgatorial oatb, 43 Fountaina, miraouloua, 186 France, reatriotiona on tbe duel in, 96 atruggle to aboliab tbe duel in, 162 duel ncTcr formally abol- bbed, 108 cold water ordeal in 17th century, 227 ordeal obaolete in ISth cen- tury, 276 torture appeara in 1264, 332 acareely uaed, 833 condition of roturlera, 836 oaaea reported in tbe Olim, 836 oppoaition of feudaliam, 839 obartera granted by Loula Hutin, 840 torture permanently eatab- Ibhed, 842 exceptiona among eom- munea, 842 torture unlTcraal by end of 14tb century. 344 procedure adopted in 1498, 849 perfected in 1639, 860 queation pr4paratoin and pi^alable, 860 queation ordinaire and ex- traordinaire, 861 ordonnanoe of 1670, 862 torture aboliabed 1780-89, 888 Francia I., 77 duel ordered by, 166 perfecta tbe ayatem of tor- ture, 860 Francia of Aaaiai, St., eaae of, 212 Fredegonda, 81, 806 Frederic I. uaca torture aa pun- iabmont, 823 Frederic II., 67 reatricta tbe duel, 149 aboliabea ordeal in 1231,. 274 introducea torture, 829 Frederick tbe Great limita uae of torture, 886 Freodmen not tortured againat tbeir patrona, 293 doubt aa to their liability to torture, 293 not tortured by Oatrogotha, 307 Freemen of Rome not liable to torture, 286 torture of, legallied, 288 Friaia, ordeala uaed in the 13tb century, 274 Friaiana, ordeal of lot among tbe, 243 Fuero Juago, 812 Oaulb, torture among the aa- . dent, 803 Oentoo code, 170 Oermana, ancient, 16 Oorniany, ooropurgntion in 1648, 62 rcslrieiiona on the duel in, 96 ordoal in 14th ocnt|iry, 276 INDKX. 890 0«miiiiij — 'Ijrunny of iho noblM, 32 1 iori«r« Bol in eftrl/ omIm, 927 torian of iUtm in 1366, 344 iortare in, 853 ConniitaiioM of CliarleB V., 363 torinr* •yptcm from lOlli to ISih cenlnry, 355 inrftdoftl ftbolition of tortnro, 386 Qlmtliatom loriared m witnosnes, 291 Qo<lwiB, Dnlie of Kent, CMo ot, 233 Golden Dnli of 135A, 344 Gothic ritiml niAinUine<1 bjdnei nnd ordeal, 138, 215 Goiht, Piinnnnlan, baiile ordml nued bj the, 85, 100 ciHIttAtion ofthe. 84,300 Gmefe, Johmnn, »rgaei againtt iorlnre, 884 G randier, Urbain, eaae ol, 871 Gratian dlM|TproTea of tortnre, 826 Greek Kint>ire,Ijowor,ordoa1 uaed In, 207 Orerre, nrilcal aneiently aaed in, 184 lorlnre prrTalcnl In, 282 ronOiird by law to plarea, 283 exeefitlonii to thin, 283 alave tentimon j the beti otI* dence, 283 damnffra of tortvred alnva paid fur, 284 nodea of tortnre In Togne, 284 Gregory of Tonrt, eaae of, 21, 805 Gregory I. diaapproTea of tor- tare, 825 Grinoftid reatrieU tho batUe ordeal, 82 Groavolano of MHnn, eaae of, 210 Gnebrea, the, 181 Gnelf II. of Altorf. enne of, 220 Gnndeberga, eaae of Qaeen, 82 IlAKOTBrn, tortnro abotiahed, 1822, 887 llebrewi, ortlealii of the, 180 Henry II. (Rt.) ehallenged by Hermann of Swabia, 100 Henry the Lion, 140 Henry If. of Nararre ordera the dnel in 1518. 106 Henry II. of Franee, lait dnel granted by, 167 HrnrT of liimbnrg and the Areh* bishop of Tr^veii, 236 Henry IV. (Btnp ) and ordeal of * Boehariat, 230 Henry III. nbollihet ordeal In RngUnd, 273 Hereapr. lorlnre in triala of, 817, 830 Uildebert of lo Muia dbApprofaa of lortara, 822 Hildebrand oondaoiBed by oold vater ordeal, 221 hia nao of ordeal of Boahft- rUt, 280 Hlnomar of Rhelna, hia arg«- menta for ordeal, 199 aiplaDatioB of hoi water ordeal, 196, 199 of eold water ordeal, 217 Holland, tortnre abandoned In, 885 Hungary, dnel reatrioted la 1492, 168 mf of toriare In, 845 IcBLAwn, dnel abrogated In, 142 ordeal aboUahed in 18th oaa- tnry, 274 iortoro in, 874 need on pregnant WMiOB,874 abollahad in 1258. 875 lotni eapitali, 110 regie, 110 Imagination, elfeeta of ordeal on, 259 Indoiiendeneo of lh« Toatoa tribea, 801 India, antlqnity of ordeal In, 178 ordeala Ideotleal with Bnro- pean, 178 modem nao of ordeal. 179 hot water ordeal, 26 1 red-hot iron ordeal, 202 eold water ordeal, 217 trial by balanoo, 225 ordeal of rice, 286 of the lot, 245 polaon ordeal, 250 Inflnenee derired from ordeal, 271 of Roman lawa In modem timea, 800 Innocent III. altera the eompnr- gatorial oath, 54 forbtda eecleaiastical dnela, 107 prohibila the dael, 147 the oHeal. 272 Innoeent IV., itaUtea of Inqnl- fiiion, 880 Inqnbition, naeofeompnrgatlon by, 58, 65 Infloenee of, on torture, 830 fyttem of InTettigation, 831 inOuenee on Judicial pro* oee«linga, 848, 870 pyntem in the 17th century, 372 InqnUitnrial proceaa introduced, 848 perfected by Franein I., 850 hopelemnen of defence, 860 400 INDKX. Iiisui« not to be tortared, S59 iBMripiion of aeeuer, 290, S97 InUnuttioiiAl qvMtions referred to the doel, 101 IreUad, antiqvity of UiiU ordeal in, 80 Iriah, the ordeal tadigenouf among the, 100 Iron, red-hoi, ordeal of, 201 mode of admintfiering, 201 la India, 202 •omeilmea an ariatooratie ordeal, 20S oaa« of its employnieni, 204 need to prove legilimaej, 206 extent of lie ue, 207 baada at paaif hmeat aad or- deal, 248 Irregvlar ordeala, 248 lUly, the doel prohibited la 1605, 189 tortare flni rerired la, S28 reeent ate of tortare In, 380 Ito of Charirei, 268 deoHnee to a^Jadge the duel, 109 Jambi I. approree the ordeal of blood, 246 ealogiiee water ordeal, 228 adminliteri tortare, 883 Japaaeae ordeals, 180 Jaraao aad La Chaatalgaeraye, 78 Jara, ordeals in, 181 Jajme I. of Aragoa, abolishea ordeals, 276 Jeaaoe of Fraaee, ease of, 160 Jeffniteed, 60 Jews liable to the dnel, 103 Jorem lapiden Jnrare, 187 Jadges liable to ehallenge bj de- Ibated pleaders, 90 royal, not liable to ehallenge, 93 liability of, for undue tor- ture, 310, 315, 355. 304 torture dependent on Ibeir discretion, 358, 361 Influence of tortare system oa, -365 Judicial duel. (See BaitU Ordtnl.) Juisc, 201, 207 Julius II. prohibiU the duel in 1606, 169 Jarameatnu snpermoriuum, 41 Jury-trial, probable origin of, 36 among Scandinavian nations, 375 Justioe, publicity of, under Car- lovingians, 320 Justiniui authorises torture for adultery, 290 KiNOBBD, respoBsibnity of; KlasaieB, erideaoe of^ Koraa, abseaoe of ordeal la, .16 • SO 182 78 La OflABTAiaBBBATB, Lamoigaoa eadearors to amelio- rate the Uw, 852 Laaee of Si. Aadrew, ease of, 211 Laagaedoe. eharUr of; la 1315, 340 Laag (J. P.), ia 1661, hesitates to eoadema water ordeal, 228 LaoB, robbery of ohnreh o^ 141, 222, 323 Lateraa, eoaaoil of, prohibits the dael, 141 prohibiU ordeal, 272 Latias, traoeo of ordeals among, 186 Legislaiife fhaeiioas of dael, 135, 140 Leo in., irial of, by Chariemagne, 27 Ldse Mi^est^ (see CrimtH Majttaiit) . Leadastes, ease of; 305 Lex appareas, or paribilis, 100 Qnadebalda, 81 Ifoaaohoram, 268 talionis for defeated appel- lant, 114 accuser subjeoi to« la Rome, 290 aader Wisigothic code, 310 Lille, eompargatori^ oaths ia, 60 torture unused in 1354, 343 Limitations of torture disregarded, 363 Llrres do Jostlce ei do Plot, 333 Lombard law, 82 Lot, ordeal of, among the Hebrews, 180 In the middle ages, 242 used In the earllesi times, 242 form employed by the Frisians, 243 examples of its use, 244 form used In India, 245 Lothtiir and Teutborga, case of, 199, 238 Loihair II., tortures the oiiiiens ofBrfurt, 324 Louis le D6bonnalre prohibits the eold water ordeal, 219 forbids ordeal of cross, 231 resumes its use, 232 Louis, St., his efforts to abolish the duel, sanctions use of torture. 152 332 348 equity of his procedures, Loais xlutin nuintains the use of torture, 339 Louis XIV. revises the crimlaal code, 362 INURX. 401 Low v$. ParMnore, eaie of la 1571, 171 Lot GomY>eite, 81 LaitprMid rwtHeta ibe baUU or- deal, 82 Madaoarcar. ordeal in, 184 MagioiaiiR lliihle to ieriure «nder Otiim|roUiP, SOB torture rcqainile In trials of, SiO Mejentatin (tee Crimen Mnjsttaiis). Majorca, dael abnlisbed in, 150 Malacca, ordealu In, 181 Mananacn, Arrhbinhop of Rheimr, 40 Maaa, lawa of, ini|K>rtance of oatb in, SO ordeaiR indicated In, 177 torinro noi alloded to, S81 Mare of ullvor, 99 Mariirny, Kng uerrand do, 3.18 Maritime lawp, 111, S78 MnMcrano, Marqnis of, 302 Mcrnringianp, their diarcgard of tho law, 305 MilancTO jndfrr, eaac of, 300 Moinc do Caen, torinro of, 351 Monarhnrnm Ijtx, 208 Montaigne ridicnlca torture, 384 Monteeqoien argaea against tor- tare, 387 Monaie law, ordcaU in, 180 tortore not nllnd«d to, 2S2 Mofflemp, irarm of nrdcnU among, 182 Moa-Vang,in»tfnrtinn(i to jodK^a, 177 Mosnrabic ritoat natntained by dnci and ordeal, 138, 215 Maralori, bla belief In water or- deal, 228 Hirt-na, dnM rr«lf tried in, 140 ordenl nhott-liH in 1231, 274 Orpt app^arnnr^ of tortore, 328 rcront n^e of tnrtnre In, 3^9 HefninRr, or I>anl«h jury, 375 Nempltirii. or 8wr«li«h jury, 370 Nero, rroeUtea inflictal on Chria- ti.nna, 287 Kewntd (Hermann) deprecative wntrr ordril, 220 Nichola« T. forf»idM err le« is ftiral da*l«, 107 opf*/'*^* (h# do^i, nt prnhiKit* t'Ttnr^, ^2S NiroHa, Aagaatin, writ^« againai N'tHMi.ng. no Nol<ir« of F^^nre demand the darl in 1.1 1», 101 3 Noblea, iminvnliy fron tortvro, 314, 817, 350 Norgand, Biabop of Antan, 45, M Normandy, eompvrgation iii 10th eeninry, 00 duel legal vntil 1583, 105 ebartenofin 1315, 340 Norway, ordeal abolithed la 13tb eentnry, S74 18 IB 18 19 21 32,35 » ST Oatv, importaaoo of In law, of negation not prim ill re tinea, In Germany, mnltiplitd, elaMiAeatloB of, adjanota eaaential to, of eecleaiaatiea, oompargatorial formula of, 43, 54 altered by ibe eboreh, 54 moflea of admialstoring, 38 aepnirhral, 41 accamtorial, olanifleatiott of ^ in Dordeanx, 09 preliminary to ibe dnel, IIS pnrcatorial eonaldered aa or- deal. 195, 248 Offm Jadieinm, 232 01 im, tbe, 58 rn.ir* of tor tare reported in, 330 Opposition of tho cbnreb to tho dael, 133 of papacy to ordeal. 207 Ordeal of bettle (fr« ihttis OrJ^l). Ordeal, China an exception to it« prrralence, 170 India* iU anliqntty In, 178 idrnltty in India and Enrope, 178 KfTTpt, trarea in, I7V among th« llebrewf , HO in Kii«Urn Aula. 1^0 trarea of nmonr the Meelems, 182 in ro|ynr«ta. 1H2 nnrnfrnn* In Africa, 1^2 in MaiUfasrtr, 184 In anrtrnt Ore^ro, |R| iffMi of among the l^alinM, 180 lo'lt^^^'^v among the 0ar- tt'trtan*. 188 vnit^r-nl ihrooghoot Karope.193 ▼iiri*«5*« of, 1WI of lK,il»ng «al«r, l*>0 of f*H hot Iron, 2n| of Of#. V^ nf ^nM w«t4if, 2 to of !h^ Kiil^n*'*, 224 of lh# eroea, 2^*0 4oa INPKX. Ord«aI— of brtad or obeeae, 233 of the Buob»ri»i, 2Sft of the lot, 242 of blood. 246 of pnrgatorbU oaiha, 248 irrogular, 248 of poiion, 260 roguUtioDf of Ibo ordeal, 260 oompulfory under order of eoart, 250 In abfenee of direct teiU- mony, 26] rigbt of eppellent or defend- snt to demand it, 261 aocaien obliged to nndergo It, 263 emplojed in dclbalt of oom- pargation, 263 regarded ac a paniihment, 266 emplojed aa a torture, 267 ■vpplanted by torture, 268 effeeU on the imagination, 260 uae of fulMtitttiei or obam- pioni, 200 wed etpeeUIIj for lerft, 200 oonfldenoe felt in the proeeis, 201 eompoeition allowed in it, 202 explanation of Iti unoer- Uintj, 203 oooational doubt ai to reaulta, 206 elTorta to preaerTO impar- Uality, 206 poature of the ohnreh re- apeoting it, 207 oppoaition of the papnoj, 207 ' defended by the ohurch at large, 207 exemption aometimea olafmed hj eocleaiaatlea, 208 motivea of the ohuroh in &- Tor of ordeal, 271 abuae of power by eoelcaiaa- tiea, 272 prohibition by Innooent III. 272 aeoular legialatlon againat, 273 aboliahed InBngland in 1210, 273 reatrioted in BcoUand in ISlh oentury, 274 aboliahed by Fred. II. in 1231, 274 and by the Northern Katlona, 274 obaolete in France in ISth oenturr, 276 employed in Qermany in 14th oentury, 276 gradual abolition in Spain, 270 lingera until 10th and 17th centuriea* 277 Ordeal^ inlluenee of Roman law, 277 of oommunea, 277 ' of eommoroo, 278 Ordonnanoe of 1200, 163 of 1203 and 1303, 167 of 1300, 168 of 1600, 108 of 1264, 832, 336 of 1408, 340 of 1630, 860 of 1070, 362 Oatrogotha, ciTiliiatioa of, 307 torture not uaed for freemen, 807 but for aiaTea, 307 Otfrid rednoca the Tudeeque to writing, 188 Otho I. enoouragea the duel, 136 Otho II. exienda iU application, 137 Otho of Bavaria, 130 Palbrmo, recent uae of torture in, 380 Pallor evidence for torture, 368 Panie oonjuratio, 232 Papacy, oppoaition to the duel, 147 to ordeal, 207 degradation of, in 10th and nthcenturiea, 270 Parlcment of Paria cradea the duel, 160 appellate power granted to, 103 farhida waUr ordeal, 1688, 1001, 1041, 227 deeiaiona legaliting torture, 330 Partldaa, laa Siete, 60 do not recognise ordeala, 270 rcgulatlona of torture in, 312 Paacal I., oaae of, 20 Paternity proved by ordeal of hot iron, 206 Pedro I. of Aragcn, 77 Pegu, ordeala in, 181 Peine forU et dure, 384 Penaltiea inflicted on witchea, 223 Penniwinkia, a Scottish torture, 383 Pdrigord, charter of, in 1310, 341 Perjury cauaed by compurgation, 60 duel uaed aa a remedy for, 80 Petrna Igneua, caae of, 200 PhiladelphU, ordeal of blood in 1800, 247 Philippe-le-Bel reatricU the duel, 157 remonatratea againat Inquiai- tion, 331 naea Inquiaition againat Templara, 332 Phillppe-le-Long, charter grant- ed by, .341 INDBX. 408 PhlHppe il« Valob Kranto siipel- Ule power to the pArlemonl, 16S Phil in of Barcnndj abollthat ib« doel. 1A4 PhtlntAi', Inrinr* of, 2A1 Thyplof^nomj do«f boI JnHifj loriare, 358 Pino, eoiifipirmey of, S%8 PlonKh-»liftr^9, ordeal of r«d hot, SOI Poison ordeali in Africa, 183 in Madagasoar, 184 In India, 350 PninoninK, torinre of women for, SOO Poland, rompnrgallon in ISth oentarj, 03 nie of iortnre In, S46 Poppo eonrerU the Danea by ordeal of hoi Iron, S06 Pregnanl women exempt from tortnre. 200, 314, 317, 855 •xeept In Iceland, 374 Prientlj feee for the ordeal, 271 Priefla not liable to torlnra In Rome, 289 farora ibown to. In tortnre, 367 Profenpional championp, 123 identifled with Roman gladl- atom, 124 defcradationi inOiotad on them, 126 Probibilion of dnel and ordeal by Innocent III.. 107, 147, 272 Prndentia^ hymn to St. Vincent, 209 PniPfia, toHnre limited in 1740. 386 Weft, water ordeal wed till 1745. 228 Poblicity of Jofltloa nnder Carlo- vinslana, 320 Pnnipnment of eonjaraton, 48 for defeat In the doel, 112 for defaalt In the dael, 1 10 of defeated ehnmpioBf, 122 ordeal reipirtled aa, 255 Paripitofinl oalhfi need a* ordeal, 248 Parrikeb, or Indian ordeal, 179 Qnancr. charier of. In 1319, Qaeation pr^poratoire. iMlinhed. 1780. 841 850 ab<^Htiiied. 1780. 388 d^flniiire or pr^alabla, 350 abolithed. 1788, 388 ordinaire and extraordinaire, 351 Qalntna Cartioa, opinion of tor- tare, 299 Raovald. Bwedlah lawa of, 370 Ranh« no exemption on aoronnt of, too lUnk— dileronee In, a linltatlM m the duet, 90, lOS Redn plication of oatba, 21 ReKnlatlonf of the ordeal, 250 Reliea neccMMry for the Talidlty of oalhp, 12 tetUd by ordeal of Ira, 210 employed In ordeal, 248 Repetition of toHara, 107 Ret ponvlbility of eonjaratort, 48 ofbnilofdaalliiU, 100 Reftrictiona on the naa of obam- piftna, 120 Retmctlon of extorted eoalhaalea, 307 Rho<liaB lawa, freemen anijaet to tortnre by, 283 Richard Cerar de I4en and Henry II., 24S Richard 1 II. and Henry yi., 246 Ricklai (Jacob) defenda the water ordeal in 1590, 220 hia tortnre of witehea, 372 Rienlfuf, tortnre of, 300 Risa, treaty with Smolenike, 278 Robert the Picas forblda ocdeal of Bttcharist, 289 Rotlolph of napabarg raatricta the dnel, 140, 149 Rome, traces of ordeal la, 180 nse of tortnre In, 284 freemen not llnbta nndar the Repnblic, 280 tortnra of freemen Intro* dneed by the Bmperora, 280 cmcliiea of the early CsMara, 280 persecution of Christlaaa, 287 tortnra of freeman legallaed nnder llmltationa, 288 freqnent lexislation raqnbita to protect them, 289 extension of crimes for which thry were tortnred, 290 accn^er snbject to lex iaiionii, 290 witnemes sometbaea liable to torture, 291 itaTcs. tortnra reqnlslta to their testimony, 291 act tortnred acatnal their masters. 292 IVeedmen. donbt aa to their liability, 293 liability of slarea In n^Jea- Utis, 294 Inflnenco of ChrlsthiBlty, 296 slares crippled in tortnra paid for. 290 Kenerailimiiatlonaoftofinra, 290 404 INDSX. TalB«of«Tideno«bj torture, 297 oonflioUng optniont of, 298 model of tortaro onployod, 299 inflaoneo on modem lawe, 800 Bomea Btetet, the duel probibited In 1606, 169 Bomnn Uw, reviTal of etady of, 66 Inflnenee of. In eboliabiog aegatiTe prooft, 60 on the Goths, 84, 800 on the duel, 148 on ordenl, 277 on torture, 827 Rotharii reitriete the betUe ordeel. 82 RnmU, duel Allowed until 1049, 109 ordeel for theft in, 229 UN of torture to, 846 torture aboliabed in, 887 Bt. DiEiBB, torture unuied in 1864, 842 Bnndemend, or Denlah Jury, 876 Seaajbark, ordeal of, 183 Bathee, 280 Bafonarola, ease of, 218 Bazone and Luitiei, duel be- tween, 102 BazooT, torture aboUihed In 1770-88, 887 Beavenger*s daughter, 880 Bcheiogehen, or ordeal of bloo<1, 217 Bolafonio tribes, battle ordeal uniTersal, 86 Bootland, oompurgatlon in 14ib oentury, 02 dnel allowed in 10th oentury, 170 ordeal of blood nied in 17th eenturj, 240 ordeals reitrioted In 18th oentury, 274 torture of late Introdnotion In, 882 terrible oharaoter of Boottish torture, 388 abolUhed in 1709 by United Parliament, 883 Borlbonius, in 1688, adTOoates water ordeal, 220 Beerecy of the inquisitorial pro- ocss, 848 Beguidors, 38 Bejanus, plot of, 286 Bemperfri, 104 Bencbus Mor, or Brehon law, 80, 100 Berfs, ordeal reserved for, 200 Bezhendeman, 86 Bhower-bath, torture of, 847 SioOy, reeent use of torture In, 889 Biete Partidas, 812 their anthorttT, 810 dnel restrlotod in, 160 regulationi of torture, 813 8keTington*8 daughter, 880 Blares admitted as oonjnrateis, 88 allowed the duel against their masters, 102 ordeal reserred for, 200 tertnre reauislte to their tes- timony In Qreeee, 282 and In Rome, 286, 291 not tortured against their masters In general, 292.* 294 torture restrioted by Taoitns. 296 orippled In torture paid for, 290 torture of, among the Bar- barians, • 802 Interests of the master pro- teeted, 808 not tortured as witoessee, 804 torture of, under the Ostro- goths. 807 under Wisigoths, 809 liable to torture in Bpain, 814, 818 torture of, in Qermany in 1860, 844 In Iceland subject to tortore, 376 81eepleHnon,tortnreof, 300, 381, 383 Bmitli, Sir Tbuuins, adiuiuisters torture, 379 Bmoleniko, treaty with Riga, 278 Solidarity of the family among Teutonic races, 10, 17 Bolidtts, or sou, 90 Borcerers, tortured by Ostro- goths, 308 insensible to tortore, 370 Sorcery, torture requbite In triali of, 870 Bpain, duel restricted In, 160 gradual abolition of ordeal, 270 torture under Wbigoths, 809 In the Fuero Jusgo, 812 In the Biete Partidas, 812 spontaneous confession re- quiiite, 318 repetition of torture, 813 exemptions, 813 lUbility of slares, 814 liability of witnesiei, 816, 810 general restrictions, 816 responsibility of j udges, 3 1 6 appeals, 310 TBr ieties of torture in use, 8 1 in the 17th century, 317 INDEX. 406 staff, ordMl of, S69 SUtiiU of Qto«e«tUr, 1 333, 171 SlMndford, Sir Willimn, ap- proYM ofordtalt in 1651, S77 StooknelTn, 87 StmpiMMio, 316, 861 SalMiltalM In the oHeal, MO allowed In ordml oferom, 131 Saeeenlon of oaiaUt deelded by llio daol, 136 Snperviiiion, pofMivatlon of, 279 Swantoptaek of lloliamla, 824 Sweden, oompar|rallon In 1A63, 63 ordeal abollibed In 18Ui een- tnrj, 274 lorinre nol need in, 876 Swilterland, torinre abolished In, 387 Tacitus, reitrleti the tortare of alavee, 295 Tahili, Imeee of ordeal In, 183 Tengena nnt, ordeal of, 184 Templam, ordeal In trial ef, 208 torture of, 832 Teetlnion J of tortared f laToe the beet eridenoe In Ureeee, 283 Teltimonj of gladlatora, torture neeewarj to, 29 1 aadofetarec, 283,286,291 Tentberga, eaee of, 199 Tentonie knighta Introdaee or- deal in Lironia, 276 Tentonie Independenee, 301 Tbeodorif , hie reverenoe for the Romen Law, 84 depreeate« the battia ordeal, 86 l(«llet of, 307 tortare of ioreererf bj, 808 Theodoelas the Great forbidi torture of priet ts, 289 Thibet, ordeoU in, 181 Thnaae of Woodsiook, Dnke of GloneeiiUr, 171 Tiberiue, erneltlee praotlned by, 285 extend* the epplioatlon of niAjeftatie, 286 derire to obtain erldenee of riaree, 293 Tlen-Etat, Influenee of on the dnel, 143 on the ordeel, 277 Torture, ordeal regnnled at a, 357 ordeal eapplanted by, 268 not nfed by lilndne, Jewf, and Rgyptiana, 281 largely employed In Oreeee, 283 reanlationi of tortare In IWue, 281 Tortura— oontraai between Roma and the Barbarians, 8H anong Barbarians, nol la* gaily need Ibr fraonan, 80S but for slaYOfl, 803 dirregard of the law, 806 among the Ostrogoths, 367 among the Wisigoths, 809 In the Fnero Jasgo, 312 in the SieU Partidaa, 312 in Spain in 17th century, 317 aot used under the Carlorla- glans, 318 nor under the Feudal Sys- tem, 321 ooeasional allusions to, 322 disapprored by the ehufoh till ISth eentury, 326 old forms of eYldenea bo- eome disused, 326 ■ot alluded to in early Ger- man eodes, 326 Irst appoaranoo In Assises de Jerusalem, 826 roTlved by Frederia II. la Naples, 329 Inflaenee of Inquisition, 330 appears la Franoe In 1264, 832 not alladed to In eodea or Uzt-books, 833 six eases taportod In tho Olim, 836 resistance of Feudalism, 839 esUbllsbed by Louis llutin, 346 exeeptions among oharterod towns, 842 nnirersal by and of 14th eonlury, 344 in Germany In 1366, 344 In Corslea in 14th eentury, 344 in Venice, 846 in Hungary, 346 In Poland, 346 in Russia, 346 secret inquisitorial p rssssd- Inge Introdueed, 348 French system of H98, 349 perfected by Francis I. la 1539, 860 tariped by Louis XIV. la 1070, 362 in Germany, 363 Cnroline Coastitutions, 863 InSaence of Roman law, 866 excrplcd classes, 866 torture left to diseretioa of triboaal, 36T 40G INDEX. Torlara— •zUnsloB of ih« tysiem, 860 priTilagM ftlloweil to d«rtne«, 300 redaoed to nullit/ in prac- Uoo, S6l worthiamiMi ofreiirioiioiit, tfOS Influenco on the Judges, SC6 real estimate of extorted oonfeMioni, 867 ntrooit/ of the qritem, S69 inflnenee of witehorafti 870 In leeland, 874 In Denmnrk, 876 in Sweden, 870 in Bngland, 870 in SooUnnd, 882 oppoiition to, 884 gradnal abolition In Qer- many, 1740-1831, 880 aboliahed in BoisU, 1801, 887 in Franoe, 1780, 888 In ToMany, 1780, 880 . nted in Naples until recently, 389 Toulouse, magistrates oi; exempt from torture, 840 TranqrlTania, water ordeal used in 18th oentury, 388 Treason, freemen liable to tor- ture ibr, in Rome, 386, 389 ilaTes tortured against mas- Urs for, 204 In modern times, 814, 817, 840, 844, 860, 370, 380 Tr^Tes, Arohbishop of, and Henry of Limbnrg, 330 Trial by balanoe, 334 Twelfhendeman, 86 Twyhindeman, 36 Uao, Marquis of Tusoany, 306 Uneertainty of ordeal, explana- Uons oi; 203 Upstaliesboom, laws oi; 274, 370 Upton, Nioholas, 104 Urpheda, 808 Uta, Queen of Oermany, 81 Utreeht, torture disused In, 886 ▼▲LBVoixvvxf, duel at, in 1466, 106 Yalentinian III., protection of slaves by, 290 Valerius Maximus, cases of tor- ture, 298 ▼alue of eTidenoe by torture, 397 ▼an Arokel, combat of, 70 YarieUes of ordeal, 190 of torture used in Greece, 384 in Rome, 399 ▼ase of Solssons, 801 Vehmgerioht. (See FtkmgerieJki,) Venice, ase of torture in, 346 Vermandois, nobles ot, demand the duel, 161 Viescher, August, 74 Vigib, torture of; 300. 381, 883 Villadiego, directions as to tor- tare, 317 Villeins, inequality of combat for, 103 ordeal reserred for, 300 debarred from all appeal, 830 Villon subjected to water torture, 360 Vincent, St., his martyrdom, 300 Vladislas II., of Hungary, re- stricU the duel, 109 Voltaire argues against torture, 888 Vorogeia, or Russian dlTiner, 330 Waqxr of law, 34 of baUle (see BaUh Oni§ai), Waldemar II. of Denmark, laws of, 876 Waldrada and Lothair, 199 Warfiure. right of prirato, 16 WaUr, bitUr, ordeal oi; 180 boiling, ordeal of; 190 mode of administration, 190 exorcbms employed, 198 iU universality, 300 its use in India, 301 oold, ordeal of, 310 mode of administering, 310 explanation of it, 317 introduced by Bugenlns II.. 318 fbrbidden by Louls-le- IMbonnaire, 319 It flourishes ncTcr- theless, 319 generally a aerrlle or- deal, 330 oases of its employment, 331 prolonged use in witch- craft, 333 loss of weight in witches, 324 ordered for witches by LouU Ilutin, 336 rcTived In 10th centary, 330 oontroTcrsy concerning it, 1683-'94, 330 use continued in 17th century, 337 forbidden by Paris Par- lement, 337 encouraged by Jamee I. of England, 338 INDEX. 40) WaUr, cold, oHmI of— sMdinWMtPniMlaini 1749, ns eMM In 1815 ftnd 1836, 119 sogfiftU pimeUot in Rnnin, 119 WaUr lortare, 849 WtapoBi of ohftBDlon in dnel, 117 ehoieo of, in doel, 117 •qnAlil/ of, in the duel, 118 Weiffbi, loM of, by witobw, 114 WoneetiM of Bobemin probibitt tortnro, 811 Willlnm Ibo Conqvoror Intro* daeoo Ibe baiUo ordonl, 88 Wiilbim of Ely, 88 tVirUmbnrf, iorinro aboHihod, 1806, 887 Wiaifolhie oodo, lU tnporlorily, 84 Wiiigelba, tboir Inwf, 808 Iorinro Allowed for tinTot, 800 and for froomon, 800 nndor onrofnl ro- ffiriotioni, 810 dinroicnnUd in pnoUoo, 811 |itr|wla»to(l among Spaniards, 811 WlUborall, legal ponalUof In* flieUd on, 118 Wileherafl— tortnro indlfpontablo ln» 870 oxtont of ponoontion Ibr, 878 iorinro niod in England for, 881 airoeiottf iriali for, la Bool- land, 888 Wilobet loM iheir woigbi, 114 lorlnrod by Oiirogoibi, 808 Intoniiblo to Iorinro, 870 Wilaonof of dofoalod pariy pan* libod, 86, 00 liable to ohallongo, 88 omploved at ebanplona, IM •omolunea liable U Iorinro, 100, 816, 816, 880 BO iorinro of, aoMng Barba- rlaai, 804 Women and ehUdron admlilod aa eoi^nratorf, 88 Women and eooleolaoilea nol al- lowed to leiiify, 80 Women, dnol bolwoon moo and, 14S Trnt of Charlrof. (Soo /oo.) ZAHonn, Johaan, hla iroalifo on Iorinro, Eoroaolor, legend of. 86S 181 fO This book it • pwoeivitioB p hotocopy. It WMpiDOUOM QB BimiBinillD LMW PnBt • 60 f book wai(|it •ead'free afcUvd wliich meats dw nqufBOMBts of ANSUNISO Z39.48-1992 ( p w m— ice ofpipw) m 1996 3 2044 025 024 753 I

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国家哲学社会科学学术期刊数 **浅淡小学英语词汇教学及其方法 Data** **口程晓丽福南小学** **\[摘要\]在小学英语教学之中，词汇的学习是一个很重要的部分。如何加强词汇教学直观的性质，让我们的词汇教学变得很有趣味性呢?这是本文需要探究的重要的问题。** **\[关键词\]词汇；教学；方法** **\[中图分类号\]H319 \[文献标识码\]A \[文章编号\]1009-6167(2013)09-0167-02** **词汇是学习英语的三要素(语音、词汇、语法)之一，语法是语言的基本模型，词汇是语言的基本材料，是英语的基本单位，是进行思维和完成交际的重要信息符号。词汇教学在英语学习中是一个重要部分，是一切英语活动的基础。** **词汇教学是老师教，学生学的一大难题。语言学家D. A. Wilkins 说过： Without grammar little can be conveyed； without vocabulary nothing can be conveyed. 词汇能力会影响到学生听、说、读、写和英语交流能力。特别是对于刚开始学习英语的小学生来说，词汇的积累较为重要。常听到老师疑惑一个单元才四五个新单词，学生怎么就不会读?教过好多次，下一次还是不会?怎么就记不住，不会用呢?学生见词不会读、听音不会写：见其形不知其音，听其音不知其形的现象也很多。有时候老师会独立地教授单词，忽略了单词在句子或句子语境中的含义，也不利于学生的理解、记忆。** **小学英语词汇教学应基于真实语境，以真实语用为目的而进行。教师在进行词汇教学时不能脱离真实的语境，可以新旧结合，以旧带新，还应想办法创设真实语境让学生在用中学。小学英语词汇教学应坚持词不离句，句不离篇，篇不离用。不仅让学生掌握音、形、义，还** **能学会在不同的情形下运用。以下是比较实用的单词教学方法。** **(1)真观、具象教学法** **小学生的智力发展是以具体形象思维为主，向抽象思维逐步过渡的。直观教学法是小学英语单词教学里比较常用的方法，如采用图片、实物、玩具、幻灯片等一系列辅助教具及手势动作、面部表情等开展教学，不但能吸引学生的注意力，还能使他们积极参与。如教授教室用品或文具时，可直接用身边的实物：不仅可用 What’s this/that?来提问，还可以创设不同的情境。“Oh， a pink pencil case， a red pencil case. I like your pencil case."“Give me a rubber， please?”通过实物、行动把抽象的单词变得形象，不用中文解释也能易于理解。如学习smell一词，我在课堂上带来了同学们熟悉的水果，让孩子闭上眼睛闻味道，猜一下是什么水果，并鼓励学生回答我的问题，用I can smell an apple. 表达出来。学习hear，老师找一些动物、交通工具发出的声音，甚至别的科任老师讲话的声音让学生听，问： What (Who) do you hear? 既能引起学生的兴趣，也能让孩子猜测感知到hear 的词义和用法。** **利用直观教具，能让孩子有一个清晰的认知。教师的一举一动都能引起他们的注意力，利用动作表情，能** **让某些抽象的单词变得容易理解。简笔画与图片制作，是教师的一项基本功。很多单词运用简笔画能很迅速勾画出米，表达出最基木特征，也很形象直观。** **(2)置于情境中学习** **小学生好动，也乐丁模仿。可以创设不同的情境，用不同的语气学习同一个词语，避免机械性操练的枯燥。如学习食物的词语时，老师可以做出一副很高兴的样子(或出示一张带着高兴表情、竖起人拇指图片)，兴奋地说“Oh， tomato!"(图1)接着再出示一张带着厌恶或不高兴表情的人的图片，低落地说“Oh， tomato."(图2)还可以编一些富有趣味的小短刷，演一只小老鼠“I’m a mouse."出示动物的部分(如尾巴)，用疑惑的语气问“A dog?”出示完整的图片，用恍然大悟的语气说“A dog.”然后用友好的语气打招呼“Hello， cat."；出示猫的尾巴，用疑惑有点害怕的语气问A cat? 看到完整图片时用惊恐的语气说： A cat! Oh， run. 可以运用更多需要教授的单词图片，用不同的情境、语气进行练习。** 图1 图2 **(3)在游戏中学习** **游戏是儿童的天性，在游戏中获取知识是学生喜爱的学习方式。游戏能调动学生的积极性，变枯燥的教学过程为丰富的游戏活动，也能让学生积极主动参与到课堂教学中。如(1)听音碰单词，listen and touch.(两学生进行比赛)：(2)用简单的、学过的英语单词或句子描述单词，让学生猜。如It’s yellow. It likes bamboo. What’s this?(3)增加或减少一个字母，变换字母次序使其变成另一个单词，如： it-its、read-red、east-seat、are-ear； (4)Memory game，出示几个所学单词或其图片，给孩子10秒钟记忆，再把图片或单词遮起来，考考学生。可以慢慢增加单词加大难度。让学生在九宫格里随便写下给出的单词，听到老师念哪个单词就划掉，如果有三个单词在同一竖排、横排或斜排就赢了，可以训练学生听音辩词能力。这些游戏都可以用抢答、竞赛的形式，增加趣味性。** **(4)故事教学法** **把故事用于英语教学、单词教学，在国外已经有着很长的历史，我们也可以适当借用。笔者在香港听过 _节课，_ 老师用一本可爱的绘本，通过云朵变幻不同的形** 象，用简单重复的句子，教授了动物单词，训练了学生听、说、读、写能力。另外一位老师则自己设计绘本，把动物们都编进了一个故事：两个小朋友进入到森林里，展开介绍动物们的名称、特点(形容词)、生活习性、生活地点。教师可以灵活运用绘本，选取适合本课教学的片段，或只选择图片改编、重编句子。除了故事绘本，我们也可以用多媒体，通过录像、flash等形式，展现给学生一个小故事，或者一个小片段、一个搞笑的镜头等，既直观又生动形象，并在反复出现的单词或者句子山强化了学生的记忆。除了现成的书或绘本，老师可以把要学的新单词编成故事，甚至让学生自己发挥想象力。在故事中教授学习单词，既有趣，又能让学生学会运用。我也越来越多地在日常教学中加入英文绘本，在每堂课前五分钟读一本简单的绘本，过一段时间后尝试让学生自己制作 minibook，接着每天让一两个小作者读他们白已创作的绘木给全班听。学生很喜欢，有兴趣去做，这比一遍一遍教他们，让他们抄句子、听写有效多了。 **(5)歌曲、韵律诗教学** **韵句、歌谣、歌曲、短刷都是强化词汇记忆的有效途径。对于小学生来说，爱唱爱跳是他们的天性。在单词教学中可用一些朗朗上口的英语歌谣，除了一些现成的常用歌曲，我们还能用耳熟能详的歌曲，把里面的关键词换成新单词，如Ten little Indians 就可以换成 Ten little rabbits/tigers/ bears 等等： Twinkle twinkle little star 也可以改成 Yellow yellow， little bird. 或者 Purple， purple little grape.等。课本的每课通常也有配套歌曲，5可以让学生用所学单词变换，进行冉创作。** **单词教学法多种多样，老师可以根据学生的具体情况，选取适合自己学生的方法。小学英语词汇教学应基于真实语境，老师应想办法创设真实语境，词不离句，句不离篇，篇不离用，多给机会学生用英语做事情，而不仅是机械地反复读，要让学生在运用和体验中学习、掌握。** **参考文献** 冯就媛.原型范畴理论对于学龄儿童词汇教学的启示训徐特立研究(长沙师范专科学校学报)，2008(2). **2** 梁端俊.国内英语词汇习得研究综述\[\].滁州学院学报， **2010(6).** **13** 文秋芳，上立非.中国英语学习策略实证研究20年\[\].外语言 **文学，2004(1).** **\[4\]** 朱桂梅.试论中国儿童学外语的最佳年龄及途径巾.门城师范高等专科学校学报，2002(4). **\[5\]** 曾永红.国内词汇学习策略实证研究，现状、可题与前景们.武 **陵学刊，2010(3).**

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Eliot memorial : sketches historical and biographical of the Eliot Church and Society, Boston author: Thompson, A. C. (Augustus Charles), 1812-1901 NYPL RESEARCH UBRARIK mmm Q7954398 3 n ^wn^Ti ^ 1 WWHWHaBBIHili MMHH^n ^^^^^^^K^^^^BSBIitBMttMtmBui nlEHlwMiSlSiS^ HittlBI ■BBBBBnaBIBBBBBBBnmMNMffMHIHkSaCtt^^BBB^B BHHHHlHIiBll n 1 1 THE NEW Y PUBLIC LIBR. ASTOR, LENOX ' TILOEN FOUNP' ^ 1 : ^ THE^iEWYORK PUBLIC LIBRARY Copyright, 1900, RY A. C. Thompson Electrotyped by Thomas Todd. 14 Beacon Street, Boston. PREFACE. THE origin of this volume was as follows : — The four Deacons of the Eliot Church — Messrs. Timothy Smith, Alpine McLean, Frederick C. Russell, and Clarence T. Mooar — communicated a joint and earnest written request that I should prepare such a work. They stated that my long connection with the Church had made me acquainted with many members now deceased, and with many facts in our collective life known to no one else now living. Emphasis was given to a suggestion that there should be special freedom in recording items of autobiography. The introduction of matters personal to the writer has accordingly been employed much more amply than might otherwise have seemed consistent with modesty. Without such freedom there would have been constraint and awkwardness in an endeavor not to appear egotistic. The volume is an unpretentious contribution to local history, a response to the reasonable desire of friends for some acquaintance with a limited period not long ago, and with individuals whose names and but little more are familiar to them. After the preliminary chapters there follows a simple record, for the most part, of occur- rences between the years 1834 and 1871. Much greater fullness per- tains naturally to the period of my active pastorate, from 1842 to 1871. At the last mentioned date Rev. B. F. Hamilton, d.d., be- came a valued colleague. Memoranda, regularly made at the time, aid these reminiscences. The book comes from the press on the eighty-eighth anniversary of my birth, and in the fifty-eighth year of my connection with the Eliot Church. A. C. Thompson. Boston, April jo, igoo. CONTENTS. PAGE HISTORICAL SKETCHES, I. RoxBURY — Early and Later II. Local Orthodoxy and Liberalism 14-26 III. Preliminaries and Organization 27-33 IV. First Pastoral Settlement 34-36 37-42 43-49 V. Second Settlement VL The Pulpit . . . VII. Pastoral Service 1 Parish Calls 2 Extra-Parochial Service . 3 Deaths and Funerals . 50-60 60-65 66-74 50 4 Marriages 74-77 5 Contrasts and Coincidences . 78-86 6 Peculiar Persons and Proceedings, 86-95 VIII. Church Functions . . . 1 Sacramental Services . . . 96-100 2 Church Prayer Meeting . . 100-108 3 Special Church Fellowship . 108-110 96 4 Church Discipline .... 110-113 5 Revivals 113-120 IX. Eliot Sunday School , 121- X. Various Devotional Meetings 1 Maternal Meeting .... 132-136 I 3 Other Prayer Meetings 2 Female Prayer Meeting . . 136-137 I 137- 131 132 139 XI. Various Associations . . I Dorcas Society 140-141 I 2 Eliot City Mission . 141- XII. Special Occasions and Occurrences 1 Social Gatherings .... 1 49-1 51 2 Anniversaries 151-153 3 Receptions ^ 53-157 4 Civil-War Time 157. 5 Sickness and Absences . . 163- XIII. Colonial Churches . . 1 Vine Street Church . . . 170-172 2 Highland Church .... 173-175 3 Walnut Avenue Church 175-18 140 148 149 ■163 -169 170 181 XIV. Fellowship — Ecclesiastical and Ministerial V i8z VI CONTENTS. BIOGRAPHICAL XV The Diaconate 1 Alvah Kittredge . . . 195-197 2 William G. Lambert . . . 198-199 3 Henry Hill 199-202 4 William W. Davenport . . 202-206 5 Andrew S. March .... 206-208 6 Edward B. Huntington . . 20S-210 XVI. Ministerial Parishioners 1 Rev. Stephen Sanford Smith, 224-225 2 Rev. Huntington Porter . . 225-226 3 Rev. Ezra Conant .... 226 4 Rev. Charles Baker Kittredge, 226-228 5 Rev. William Henry Porter . 229 XVII. Missionary Officials . . 1 Rev. Rufus Anderson, D.D.,LL.D., 239-242 2 Rev. David Greene . . . 242-245 3 Miss Mary Evarts Greene . 245-247 4 Mrs. Mary P. H. Leake . . 247-248 XVIII. Missionaries 1 Mr. George Christopher Hurler 25 s- 2 Mrs. Elizabeth Grozer Hurter, 257- 3 Rev, Daniel Crosby Greene, d.d., SKETCHES. 4 Mrs. Mary Carpenter Paris . 5 Mrs. Louisa Bradbury l]unker, 260- 6 Mrs. Maria Chamberlain Forbes, 262- 7 Mrs. Mary Ballanthie Fairbank, 263 8 Mrs. Harriet S. Caswell . . 266- ■257 -258 -260 260 -262 -263 -265 ■267 193 210-211 212-214 214-216 217-219 219-221 222-223 224 6 Rev. Charles Shaw Adams . 229-230 7 Rev. David Meaubec Mitchell, 230-232 8 Rev. L. Burton Rockwood . 233-234 9 Rev. Edward W. Hooker, D.D. 234-236 7 Moses H. Day . . 8 Lucius H. Briggs . 9 J. Russell Bradford 10 Charles W\ Hill n Andrew Marshall . 12 William Francis Day 5 Rev. Joseph Sylvester Clark, D.D., 6 Rev. Henry Brown Hooker, D 7 Mr. Benjamin Perkins XIX. Educators and Litterateurs Rev. Jacob Abbott .... 283-285 Rev. William Channing Wood- bridge 285-287 William Alexander Alcott,M.D, 287-288 Rev. Solomon Adams . . . 288-290 9 Mrs. Jane Herring Loomis 10 Rev. David Coit Scudder 11 Miss Ellen Maria Stone . 12 Miss Anna Wells Bumstead 13 Miss Mary G. Bumstead 14 Rev. Charles W. Munroe 15 Rev. Samuel Greene . . 16 Miss Elizabeth Ellen Backup, 17 Miss Susan Maria Underwood, 5 Rev. Horatio Quincy Butter- field, D,D 6 Charles Short, ll.d. . 7 Prof. William Ripley Nichols, 8 Prof, Frank Eustace Anderson, 9 Horace ElishaScudder.LiTT.D. XX. Lawyers 1 Hon. Samuel Hurd Walley . 303-305 2 Hon. Charles Theodore Russell,305-3o6 3 Hon. William Gaston, ll.d. . 307-308 4 Nehemiah Chase Berry . . 308-309 5 Henry Hill Anderson . . . 309-310 6 Josiah Woodbury Hubbard . 311 7 David Brainerd Greene . . 8 Jeremiah Evarts Greene 9 Hon. Roger Sherman Greene, 10 William Phillips Walley 1 1 Gen. Henry William Fuller, 12 John Wentworth Porter 237 248-250 250-253 253-254 25s 267-268 268-271 272-273 273-275 275-277 277 277-279 279-280 280-282 283 290-293 293-294 294-298 298-300 300-302 303 311-312 313-314 3M-316 316 316-317 317-319 CONTENTS. XXI. Physicians . . . 1 Daniel Francis Gulliver, M.D. 2 Alfred C. Garratt, M.D. . . 3 Henry Blatchford Wheelwright, M.D 4 Ariel Ivers Cumniings, M.D. . 321-322 322-324 324-325 325-326 326-327 333-334 334-335 5 Henry S. Steele, m.d. . . . XXn. Artists ^ . . 1 Samuel Lancaster Gerry . 2 Mrs. Victoria Adelaide Root, XX HI. Deaf-Mutes 1 Jonathan P. Marsh .... 340-342 2 Mrs. Pauline P. Marsh . . 342-343 3 Mrs. Pauline Marsh Bowes . 343-344 XXIV. Noteworthy Laymen . . 1 Dr. Nathaniel Shepherd Prentiss, 349-353 2 John Heath 353-355 3 Melzar Waterman .... 355-357 4 Richard Bond 357-35^ 5 John Newton Denison . . 358-360 6 Isaac Davis White ... 360-361 7 John Brown 361-362 XXV. Young Men 1 Henry Martyn Hill . . 2 John C. Carruthers, Jr. 3 D. Jarvis Hastings . 4 Nathan Haggett Brown 5 379-38' 381-382 3S2-383 383-385 Edward P. Flint 385-386 XXVI. Ministerial Recruits . . 1 Prof. John F.Gulliver,D.D.,LL.D., 392-393 2 Rev. William Ladd Ropes . 393-394 3 Rev. William Sewall . . . 394 4 Rev. John Henry Denison, d.d., 395-396 5 Rev. George Edwards Hill . 396 6 Rev. Isaac C. White . . . 396-398 7 Rev. Evarts Scudder . . . 398-399 8 Rev. Alexander S. Twombly, DD 399-400 XXVII. Ministerial Colleagues . 1 Mrs. Hannah C. Bowles Wolff, 410-41 1 2 Mrs. Sarah P. Gulliver Pratt, 411-412 3 Mrs. Susan M. Huntington Perkins 412-413 4 Mrs. Elizabeth G. Strong . . 413-414 5 Mrs. Sarah Elizabeth Boardman,4i4-4r5 320 6 Stephen Wallace Bowles, m.d. 327-328 7 Timothy R. Nute, m.d. . . 328 8 Benjamin Mann, m.d. . . 329 9 Frank H. Davenport, m.d. . 330 10 Robert Bell, m.d 330-331 3 Miss Emily Percy Mann . 4 Mr. Frank Thayer Merrill 4 William Lynde .... 5 Mrs. Caroline F. Lynde . 6 Mrs. Mary Coffin Lynde . 8 Dea. James Clap . . . 9 George Domett . . 10 Abner Kingman 11 Hon. Joseph S. Ropes . 12 Sylvester Bliss .... 13 Robert McMaster Carson 14 William Henry Wardwell 15 Wesley Ireson .... 6 George Alvah Kittredge 7 Joseph Eppes Brown . 8 Hon. James M. W. Hall 9 Col. Ebenezer W. Stone 332 335-336- 33^337 338 344-346 346-347 347-348' 349- 362-365. 366-367 367-369- 369-370 371-372 373-374 374-375 37^377 37S 386-388 388-390 390 390-391 39» 9 Rev. Francis Brown Perkins, 400-401 10 Rev. Edward Anderson . . 401 11 Rev. Abbott Eliot Kittredge, d.d 401-402 12 Rev. James Winchel Grush, 402-404 13 Rev. Isaac Curtis Meserve,D.D. 404-405 14 Rev. Alfred Henry Hall . 405-407 15 Rev. George Ross Hewitt . 407-409 • 410 6 Mrs. Hannah T. P'enn . . 415-416 7 Mrs. Mary Anderson Street, 416-417 8 Mrs. Jane Perkins Childs . 417-418 9 Mrs. Caroline Forbes Penniman, 418 10 Mrs. Angenette F. Tinkham Hamilton 419 VIU CONTENTS. XXVIII, Young Women .... 1 Maria Antonia Martina Eche- verria 421-422 2 Charlotte H. Baker . . . 422-423 3 Emeline Silsbee 423-424 4 Charlotte R. Steele . . . 423-424 XXIX. Honorable Women . . I Mrs. Mehitable Grozer Kit- tredge 433-434 Mrs. Harriet L. Dickinson . 434-436 Mrs. Clara Stovvell Franklin, 436-437 Mrs. Catharine Louisa Stone, 437-438 Miss Caroline Maria Stone . 438-440 6 Mrs. Abigail F. Wardwell . 440 7 Mrs. Mary J. Basford . . 441 8 Mrs. Anna F. Waters . . 442-444 9 Mrs. Magdalena Kuhn . . 444-446 10 Mrs. Mary Callen .... 446-448 11 Mrs. Judith Nutting . . . 448-451 XXX. Children 1 Caring for the Young . . . 473-474 2 Early Piety 474-477 3 Early Deaths 477-479 5 Eliza Hill Anderson 6 Marcia Evelina Atkins 7 Ann Maria Bond 8 Caroline W. Bond . 9 Ann Bell .... 420 425-427 427-428 428-429 429-430 430-431 432 451-453 453-455 12 Mrs. Lucy Waterman 13 Miss Susan Wesson Ministers^ Wives. 14 Mrs. Eliza Hill Anderson . 456-461 15 Mrs. Sarah Elizabeth R. Peck, 461-462 Widows of Ministers. 16 Mrs. Mary Codman . . . 17 Mrs. Martha Vinal Hooker, 18 Mrs. Lucy Gilpatrick Marsh, 19 Mrs. Sarah Collins Porter . 464-466 466-467 467-470 470-472 XXXI. Epilogue . I Harmony amidst Diversity 473 4 Our Young Saints : 479-483 (a) John Eliot Bowles . 479-480 {b) Guy Richards . . . 480 {c) Frances Elizabeth Murke, 481 484 . . 488-496 484-488 I 2 A Happy Pastorate CHAPTER I. ROXBURY EARLY AND LATER. The first of several churches now in our Commonwealth bearing the name Eliot was planted in Roxbury. The very name takes us back more than two and a half centuries. Notable contrasts are suggested. The wilderness then lying between the northern and southern lines of New England latitude, and stretching three thousand miles west to the Pacific, had not been penetrated by Europeans. Only its Atlantic fringes had been entered at a few points. Savage tribes were sparsely scattered over the broad territory, which remained in primitive rudeness. When John Eliot arrived, only five towns had been incorporated in the Massachusetts colony, and the early period of these feeble, coastwise settle- ments was one of privation and hardship. The first meet- ing house in Roxbury, built of logs, with a thatched roof and clay floor, but without spire, gallery, pew, or plaster, was erected in 1632, and, owing to fear of attack by Indians, all citizens were required to live within half a mile of the same ; and the men were ordered to bring their firearms to church on the Sabbath. Wolves' heads were nailed to the meeting house. Bears and other wild animals were common in the neighborhood. Indeed, more than a century passed before they were exterminated.' At first, there was no physician in ' During one week in September, 1725, not less than twenty bears were killed, it is said, within two miles of Boston. ELIOT MEMORIAL. Roxbury, and some years after the settlement began, a ser- vant was one day (1639) sent into Boston, the adjoining town, for a dentist, and both of them were found days after- ward, beneath the snow, frozen to death. For a long time there were but few physicians in the colony, and no medical associations were formed till near the Revolution, 1776. Now there are over a thousand and five hundred physicians in Boston, and the present population of our city is not, perhaps, far short of the whole number of inhabitants in New England at the Declaration of National Independence. When a municipal charter was granted (1822) the popula- tion of Boston had not reached 44,000 ; now it is over 500,000. At that time, the towns immediately adjoining were all separate communities, and so continued till annexa- tions to the city took place — East Boston in 1836, Roxbury in 1867, Charlestown, Brighton, and West Roxbury in 1873. At the date referred to (1822), there were no good pave- ments. Now we have excellent roads in all directions, while our Franklin Park has ten miles of smoothest highways, and twenty miles of walks. There were no lighted streets at night, no water-works, no telegraphs. The cemeteries of Roxbury were then barely respectable: none in the land are now more attractive than our Forest Hills. The pillory, the stocks, and the whipping-post were banished long ago. Advance in facilities of public conveyance has kept joace with other improvements. At the opening of this nineteenth century there were only a few stage-coaches in the neighborhood. A trip to New York required about a ROXBURY EARLY AND LATER. week's time. Even so late as when the Eliot Church was formed (1834), that journey, by schedule, took forty-one hours, night included. Now it may be accomplished in a little over one-eighth of that time. The fare by stage from Roxbury to Boston was twenty-five cents, and when an hourly was established,' in 1826, twelve and a half cents was the charge. At the date last named there was not a rail- road in the country, and the first passenger railroad — that from Boston to Newton — was not opened till 1834. Thirty years later came the horse car (1866), and after twenty-two years more (1888), the electric car, with fare reduced and speed increased. The existing place of worship, on the same site -as the one where Eliot began his long pastorate, was built in 1740, and is the fifth in succession. The house that stood there previously was riddled by cannon balls during the siege of Boston, and the lawn in front was a camping ground of our troops. The present pastor of the First Church, Dr. De Normandie, is the eleventh in succession.^ ' By Horace King, now ninety-five years of age. ^PASTORS. Thomas Welde. July, 1632. Died in England, March 23, 1661. John Eliot. November 5, 1632. Died in Roxbury, May 20, 1690. Samuel Danforth. September 24, 1650. Died in Roxbury, November 10, 1674. Nehemiali Walter. October 17, 1688. Died in Roxbury, September 17, 1750. Thomas Walter. October 19, 1718. Died in Roxbury, January 10, 1725. Oliver Peabody. November 7, 1750. Died in Roxbury, May 29, 1752. Amos Adams. September 12, 1753. Died in Roxbury, October 5, 1775. Eliphalet Porter. October 2, 1782. Died in Roxbury, December 7, 1833. George Putnam, d.d. July 7, 1830. Died in Roxbury, April 11, 1878. John Graham Brooks. October 10, 1875. Dismissed, April 15, 1882. James De Normandie, d.d. March 14, 1883. ELIOT MEMORIAL. The geographical limits of Roxbury, extending eight miles from east to west and two miles from north to south, remained substantially unchanged for more than two hun- dred years. Besides the First Church, there was no other till the one organized in West Roxbury, 1712, which has had thirteen pastors.' Towards sixty years passed before the third church, that at Jamaica Plain was gathered {lyyoy Though the primitive region about Boston was so rude, the men who first came to these shores had been familiar with the conveniences, culture, and refinement of the mother- country. A fair proportion of them had enjoyed the advan- tagres of her schools and universities. No well informed ' PASTORS. Ebenezer Thayer. November 26, 1712. Died, March 6, 1733. Nathaniel Walter. July 10, 1734. Died, March 11, 1776. Thomas Abbot. September 29, 1773. Dismissed, March 10, 1783. John Bradford. May 30, 1785. Died, January 27, 1825. John Flagg. February 2, 1825. Died, March 14, 1831. George Whitney. June 15, 1831. Dismissed, Februarj', 1836. Theodore Parker. June 21, 1837. Dismissed, February 8, 1846. Dexter Clapp. December 20, 1848. Dismissed, November 23, 1851. Edmund B. Wilson. July 18, 1852. Dismissed, May, 1859. Trowbridge T. Forbush. July i, 1863. Dismissed, May 8, 1868. Augustus Mellen Haskell. May 22, 1870. Dismissed, 1888. Frank Wright Pratt. 1891. Dismissed, 1895. Alfred Rodman Hussey. 1895. Dismissed, 1898. John H. Applebee. June 6, 1899. ^PASTORS. William Gordon, d.d. July 6, 1772. Dismissed, March 17, 1786. Thomas Gray, d.d. March 27, 1793. Died, June i, 1847. George Whitney. February 10, 1836. Died, April 2, 1842. Joseph H. Allen. October 18, 1843. Dismissed, February 21, 1847. Grindall Reynolds, D.D. 1848. Dismissed, 1858. James W. Thompson. 1859. Died, 1881. Charles F. Dole. June, 1879. ROXBURY EARLY AND LATER. person can now reside here without gathering inspiration from the annals of those early times. To settle in a place where there have been no eminent citizens, and hence where there is little or no history, is like pitching one's tabernacle on a broad sand-plain. Whatever the great or good may have or may not have to bequeath by last will and testa- ment, they leave an invaluable legacy, one that may enrich future generations, but which does not go through the pro- bate office. Such influence is second only to that of distin- guished contemporary residents. Roxbury has no gallery of portraits, but her prominent men form landmarks. They are like hills in an attractive landscape. Solomon did well to speak of the hyssop that springeth out of the wall, a low garden plant, but his far-reaching thought was chiefly on cedars that were in Lebanon. Among conspicuous names in the early days of Rox- bury is found that of Dudley. A visitor in our city going from the present Dudley School building down Dudley Street, will pass the site of the Governor Dudley mansion (1636), where stood the late Universalist meeting-house. Thence by Washington Street he will go to our oldest cemetery, at the head of Eustis Street, one of the oldest in New England, and where interments began in 1633. On entering the enclosure, he will soon find the Dudley tomb. There rest the remains of two governors, a chief-justice, and other prominent men who bore that name. Thomas Dudley was an officer in the English army at the siege of Amiens, under Henry of Navarre. He came to the Massachusetts ELIOT MEMORIAL. Colony as Deputy-Governor in 1630, and held either that position or the office of Governor till his death in 1653. He was a man for the times and the place, a man of decided piety, unbending integrity, and ever on the alert for the public welfare. No clamor could make him swerve a hair- breadth. His daughter Anne, wife of Governor Bradstreet, was a noted poet of her day, and it is to be borne in mind that Oliver Wendell Holmes and Richard H. Dana were among her descendants. Joseph, a son of Governor Thomas Dudley, born in Roxbury, 1647, hel<^ successively numerous public offices, including the Chief-Justiceship of Massachu- setts, as well as that of New York, being later Deputy- Governor of the Isle of Wight. He was a member of the British Parliament, the first native of New England to whom that honor was accorded, and at length he became Governor of Massachusetts. His talents were of a high order, and few men of any period or nationality have passed through greater vicissitudes. His son, Paul Dudley, studied law at the Temple in London, and, like his father, held many public offices, becoming Chief-Justice of Massachusetts, a position which he adorned. He was one of the few men in this country who have been elected members of the Royal So- ciety of England. By his will he provided for the annual Dudleian lecture at Harvard College, of which institution he was a graduate. The town of Dudley in this state per- petuates the family name. Other colonial governors, as well as governors of the Commonwealth, have resided here. One who held that ROXBURY EARLY AND LATER. office from 1741 to 1756 was William Shirley, a graduate of Cambridge University, England, who enjoyed the favor of Sir Robert Walpole and the Duke of Newcastle. He pro- jected the famous expedition which captured Louisburg. After serving as Governor of the Bahamas, he returned to Roxbury and died 1771. Increase Sumner, a graduate and afterwards master of our Latin School, became senator, judge, and in 1797 governor of the State. After his last election the oath of office was administered to him on his deathbed, June 7, 1799. Eustis Street takes us to the site of a well known man- sion, that of Governor William Eustis, who was at the Battle of Bunker Hill, and served as surgeon through the war. He discharged various offices — member of Congress, Secretary of War, Minister to Holland — dying while Governor of Massachusetts. He was noted for urbanity and hospitality. Many distinguished men were his guests, among them Gen- eral Lafayette, a companion in arms. Heath Street reminds us of Major-General Heath, who bore the name William, as did his immigrant ancestor who came to this place in 1636. For not less than five genera- tions the homestead remained in the family. John Heath, a descendant, was the first treasurer of the Eliot Church and Society. It was to General Heath that Washington en- trusted the command of West Point after Arnold's treason had been detected, and his division of the army was the last to be disbanded at the close of the Revolutionary War. But we must go to Warren Street to find the residence ELIOT MEMORIAL. of one whose name has numerous local mementos, and is more widely known as a hero of the Revolution than that of any other Roxbury resident. The front of a stone cottage exhibits two tablets with inscriptions as follows : — " On this spot stood the house erected in 1 720 by Joseph Warren, of Boston, remarkable for being the birthplace of General Joseph Warren, his grandson, who was killed at the battle of Bunker Hill, June 17, 1775." '< John Warren, a distinguished phj'sician and anatomist, was also born here. The original mansion being in ruins, this house was built by John C. Warren, m.d., a son of the last named, as a permanent memorial of the spot." General Warren, as patriot, exhibited great activity, guided by prudence, firmness, and fearlessness. Few men in this country, or any other country, would have ventured upon delivering an oration commemorative of the " Boston Massacre " at such a time as March 5, 1775. British officers had threatened that it should cost any man his life who dared to do it. Capacious Old South Church was crowded to its utmost. Two score British officers in uniform occupied front pews or the pulpit stairs. Fully self-possessed and in a firm tone Warren proceeded with his oration, most of the audience applauding. One of the officers on the stairs held up his hand with several bullets in plain sight. Without interruption the speaker dropped a white handkerchief on to the hostile hand. In the battle at Lexington he showed coolness and undaunted bravery. At Bunker Hill, though a major-general, he preferred that Prescott should have ROXBURY EARLY AND LATER. command, while he himself went into the redoubt where he fell. The Pierponts were at one time among the chief fam- ilies of Roxbury. Among descendants in Connecticut were distinguished individuals, as Sarah, daughter of Rev. James Pierpont, of New Haven, who became the wife of Jonathan Edwards ; Rev. John Pierpont, known as poet and preacher in Boston; and Edwards Pierpont, who became United States Minister to the court of St. James. It is not out of place to speak of Gilbert Stuart (born 1756, died 1828), the most distinguished of American portrait-painters, who was here during the War of 18 12. He occupied the large square house which came into the hands of Dr. Robbins, father of the late Rev. Chandler Robbins, d.d. It stands opposite the old Washington Schoolhouse, now occupied by the Munici- pal Court. In my study hangs the portrait of Governor Caleb Strong, by Stuart. The stately Gen. H. A. S. Dearborn, as collector of the port of Boston, Adjutant-General, member of the Massachu- setts Senate and of the National Congress, was for many years a prominent figure in Roxbury. Mount Auburn Cemetery, which took the lead of such beautiful enclosures in our land, was a good deal indebted to his agency and excellent taste, while our Forest Hills Cemetery is still more largely his debtor. General Dearborn in his last years occu- pied a house immediately in the rear of the Eliot Church, though he seldom worshiped with us. Personal courtesies of his, such as almonds and dates which a friend had brought ELIOT MEMORIAL. from Mt. Sinai, and other neighborly kindnesses, are well remembered. He was the second mayor of Roxbury, hold- ing that office from 1847 till the time of his death, 185 1. We have now come to comparatively recent days, and we still confine our retrospect to that portion of Roxbury which was the first to be incorporated municipally with Boston. Hence, nothing is said regarding " The Brook Farm Phalanx " at West Roxbury, which was incorporated, if I mistake not, the same year that I came to the Eliot Church, and where for a time were George Ripley, Thoreau, Curtis, Hawthorne, and other celebrities. In the eastern section of the place there was no more conspicuous citizen than Lucius Manlius Sargent. A man of finer figure or more courtly manners I never met, either at home or in foreign countries. He was an excellent scholar, a poet ; and by lecturing, as well as by vigorous writing, did early good service to the cause of temperance. His effective " Temperance Tales," reachino:, it is said, the one hundred and thirtieth edition, were republished in England, Scotland, Germany, and Aus- tralia. His death, at eighty years of age, occurred in 1867. A member of Mr. Sargent's family worshiped with us, usually bringing one or more of the grandchildren. Another, also a poet and able advocate of temperance, was Mr. Samuel G. Goodrich, known so widely as " Peter Parley," a very gentlemanly and valuable acquaintance, and a singularly entertaining writer. He was the author of one hundred and seventy volumes, of which millions, literally millions, of copies have been sold. So popular were the ROXBURY EARLY AND LATER. genuine books in England that multitudes of a spurious article attributed to " Peter Parley " found currency. The daughter of Mr. Goodrich, a superior young woman, joined the Eliot Church in 1842. Kearsarge Avenue perpetuates the memory of the naval steamer which sank the confederate cruiser Alabama (June 19, 1864), in command of Commodore, afterwards Rear Admiral, John A. Winslow. In honor of that achievement, the avenue on which his house stood received the name it now bears. Roxbury has a name in the missionary world. Samuel Newell, a studious boy in the family of Mr. Ralph Smith, then living at the head of Pynchon Street, received encour- agement from Mr. John A. Lowell, an uncle of James Russell Lowell, and prepared for Harvard College when Dr. N. S. Prentiss was master of our Latin School. He was the first graduate of Harvard who became a missionary of the American Board, embarking for India, February 19, 181 2. With Gordon Hall he engaged at Bombay upon a Marathi New Testament, in 181 7, which, however, was not published until 1826. Dr. Prentiss took great interest in Newell. When the young missionary came to the house of his in- structor for a farewell call, he found a plank extending from the hall door to the doctor's office. Walking across that he made a misstep and planted his foot on the fresh-painted floor. Whenever that floor was re-painted in subsequent years the doctor would not allow the footprint to be oblit- erated. Newell died of cholera, 182 1, and was buried in the ELIOT MEMORIAL. English cemetery at Bombay. In 1853 I searched unsuc- cessfully for his grave. But the Roxbury name most extensively known through the Christian world is that of John Eliot, the Apostle of the Indians. More lives of him and more sketches in volumes of collective biography — between one and two score, some in foreign tongues — have appeared than of any other mis- sionary. Among sundry current inaccuracies relating to Eliot are these : for example, that he devoted himself almost exclusively to the Indians, and that they were of the Iro- quois group ; whereas for more than half a century Eliot was a faithful pastor of the First Church ; and the Red Men for whom he labored were quite distinct from the Six Nations. That so early in the wilderness days of New England he should, from no human suggestion, master a barbarous language, one of the most difficult then known, reduce the same to writing, and introduce into it the sixty-six books of our Sacred Scriptures ; that his philanthropic labor among savage tribes, and his preaching in their uncouth ton2:ue should result in numerous christianized settlements known as " Praying Towns," and this while he ministered to a growing congregation of intelligent English people, has no parallel in the history of sixteen hundred years. His first sermon to the natives was the first Protestant sermon in any North American language ; and his Indian Bible the first printed in this new world. A perfect sample of the book now commands not less than one thousand dollars. At the end of his Indian Grammar is found the noteworthy sen- ROXBURY EARLY AND LATER. 13 tence, " Prayer and pains, through faith in Christ Jesus, will do anything." " Welcome joy ! " were Eliot's last words at the age of eighty-six, May 20, 1690. Robert Southey pro- nounced him " One of the most remarkable men of any country." CHAPTER II. LOCAL ORTHODOXY AND LIBERALISM. The Eliot Church was organized about the time (1834) that the Unitarian controversy in Massachusetts culminated. Universalism was also then becoming more aggressive, and taking an organized form. Germs of the noteworthy de- velopment of liberalism, so called, had existed for a long time. The preaching of Whitfield and other earnest evan- gelical men, the writings of Edwards, Bellamy, the Tenants, and men of kindred spirit, the Great Awakening, and later revivals served for a time to check development. But after our war of the Revolution, amidst the spread of French infidelity, and amidst the decay of religion, such as usually attends or follows war, the leaven of Arianism and Socini- anism, which had been introduced as early as the middle of the eighteenth century, worked with less restraint. It was, however, many years before public avowal became at all common in Boston or elsewhere in the Commonwealth. Silence regarding distinctive evangelical truths, the usual early policy of errorists was, for the most part, maintained in the pulpit. The first church this side of the Atlantic to take a formal stand on the Unitarian basis was the earliest Episcopal church in New England, King's Chapel, now Stone Chapel, Boston. That occurred in 1 785. James Freeman, grandfather of the late James Freeman Clarke, LOCAL ORTHODOXY AND LIBERALISM. 1 5 had explicitly avowed Unitarianism, and, in the absence of sufficient outside sympathy, he received ordination at the hands of the Vestry. The transition of the First Church, Roxbury, from its Calvinistic attitude to Liberal- ism appears to have taken place at the close of the eighteenth century and the first years of the nineteenth. The convention sermon, by Dr. Eliphalet Porter, pastor of that church, was among the earlier public disclosures of a change which had been quietly going on in this neighborhood. Meanwhile, a spiritual quickening became manifest among our churches, from 1797 onward. Evangelical Christians began to arouse. Religious interests, both local and remote, were taking a deeper hold of men's hearts, and were leading to combined efforts. Missionary societies, Bible societies, as well as magazines for promoting such institutions and a higher spiritual life, were started. Re- striction upon the previous indiscriminate exchange of pul- pits commenced. The frank and decided stand taken by Dr. John Codman in accepting a call to the Second Church, Dorchester, which was organized January i, 1808, entitled him to a grateful and enduring veneration. He made known seasonably and in written form his religious beliefs. So fully was it done that no one could mistake his position regarding the doctrines of grace, some of which had begun to be publicly controverted. " I have made this communi- cation, my dear Christian friends and brethren," he declared, " to prevent any misunderstanding between us ; I wish you l6 ELIOT MEMORIAL. to know the sentiments of the man you have chosen to be your pastor." The parish in their written reply stated that his communication was received " with pleasure and general satisfaction." At the time of Dr. Codman's installation it was therefore perfectly understood what were his reli- gious views. Dr. Channing preached the ordination ser- mon, an excellent and not unevangelical discourse. Because of " multitudes perishing in their sins," he would " direct men to the cross," to " the Son of God expiring, a victim on the cross ; " he spoke of " a world of sinners perishing with the most loathsome diseases," of "heaven gladdened by the tidings that a sinner has repented," and of its being possible that a minister might " die self-deceived, and, with those whom he has helped to destroy, hear the words, ' Depart with them far from me into everlasting fire.' ' O scene of agony ! ' " The same year (1808) Andover Theological Seminary, an obvious need and designed expressly to be a bulwark of the evangelical faith, was opened. The next twelve- month saw Park Street Church, Boston, constituted, and on the avowed basis of a " decided attachment to that system of the Christian religion which is distinguishingly denominated evangelical, more particularly to those doc- trines which in the proper sense are styled doctrines of grace." Such distinctive declarations and ecclesiastical pro- ceedings administered a rebuke to defection from the faith once delivered to the saints. The cry of " schism," LOCAL ORTHODOXY AND LIBERALISM. 1 7 " exclusiveness," " illiberality," " bigotry," was awakened. Another year goes by and the American Board of Missions was formed (1810); but neither among its original corpo- rators nor during the first fourscore years of its history was any known Liberal or apologist for Liberalism elected to membership. Our pioneer foreign missionaries, Hall and Nott, had hardly arrived at Bombay (181 3), and sent to Sir Evan Nepean, the Governor, a remonstrance against their being ordered out of India and compelled to embark for England, when there appeared in London an ordinary book, Belsham's Memoir of Lindsey, in the usual course of publication. It attracted little attention in England. But a pamphlet made up wholly of extracts from the book came not long after from the press here in Boston. The extracts were taken from letters of ministers this side the ocean to their friends in the mother country. These served to present a view of " The Progress and Present State of the Unitarian Churches in America." Never did a quiet little production lead to more stirring results. Whatever may have been the motives and policy of previous comparative silence here at home, this refluent wave from England proved the precursor of a high tide of excitement. A reve- lation was made. Earnest discussion began in the pulpit, in the periodical press, and in pamphlet form. Vehemence of debate did not always duly respect the demands of Christian courtesy. It was both amusing and painful then, as it has been since, to note opprobrious charges made by Liberals against the Orthodox. Even a leader so eminent, ELIOT MEMORIAL. SO revered and idolized as Dr. Channing could sometimes indulge in reprehensible language. Eighteen hundred and fifteen found him so far advanced from 1808, at Dorchester, on the down grade as to impute a grave delinquency' to Jeremiah Evarts, who, on the score of sterling character, balanced self-possession, and candor, was inferior to no man in the community. Did the controversial writings of that period contain a more unfounded statement than this, " He [the learner] is told to listen to Christ ; but told that he will be damned if he receives any lessons but such as are taught in the creeds."^ His party did not then, and still less does the denomination now, regard Dr. Channing as a theologian, properly so called. Without having a very well-defined sys- tem he appears to have been an Arian.^ It would seem that some who were equally or yet farther removed from the orthodox position continued to fail of avowing frankly where they did stand." The existing generation is less familiar with the re- ligious history of this neighborhood during the first half of ■ " It is a feeling as if I were degrading myself by noticing the false and injurious charges contained in this review." Letter to Rev. Samuel C. Thatcher. 2 Remarks on Creeds, Intolerance and Exclusion. ^ " Dr. Channing was in doctrine an Arian, believing in the pre-existence of Christ, and assigning an efficacy to his death over and above its moral influence." Dr. Wm. Ware in American Unitarian Biography. * " There was, I fear, a good deal of intellectual and social cowardice, a good deal of shameful silence and verbal ingenuity, if haply the reproach of believing such good things of God as those of the Universalists, might not come upon the Unitarians, or be taken away." Chadwick's Old and New Unitarian Belief. LOCAL ORTHODOXY AND LIBERALISM. I9 the present century than with its civil history in the second half of the last century. Lexington, Bunker Hill and the Siege of Boston have ample place in our school books. The condition of things at that period, especially in Eastern Massachusetts, cannot be understood, nor will be even imagined without a glance at two conspicuous events. Neither does charity require nor do truth and honor allow silence here. Instead, however, of an adequate statement, the merest epitome is all that present space will allow. Of the two events having special significance in the revolu- tion then taking place, one was the capture of Harvard Col- lege by the Liberals, as they were pleased to call themselves. The atmosphere of that institution from being Calvinistic had become Arminian, and a religious lukewarmness verg- ing upon indifference prevailed. The President and some of the Faculty sympathized with anti-trinitarianism. In 1805 Dr. Henry Ware took his seat as Hollis professor of divinity in the College. It was well known that he had sided with the Liberal wing. But no attempt had been made for a year to fill the chair which by the death of his predecessor became vacant, till two deaths of evangelical members of the corporation gave opportunity to fill their place with Liberals. Strenuous opposition to Dr. Ware's appointment was naturally made. All knew well that the College had been established and previously maintained in the interests of Puritanism. The chair of theology was founded (1723) by Thomas Hollis, the occupant being required to " Profess and teach the principles of the Chris- 20 ELIOT MEMORIAL. tian religion according to the well-known confession of faith drawn up by the synod of churches in New England." The governing authorities have probably never had a more embarrassing problem before them than the task of making that transfer to Unitarianism appear to have been an honor- able transaction. The other event, noteworthy for certain exasperating results, was the famous Dedham case. Upon the first elec- tion of a Unitarian minister at Dedham a majority of the church members withdrew, retaining naturally the church records, communion furniture and whatever pertained to them rightfully as a church. The Supreme Court of Massa- chusetts decided (1820) that " When a majority of the mem- bers of a Congregational church separate from the majority of the parish, the members who remain, although a minority, constitute the Church in such parish, and retain the rights and property belonging thereto." The view taken of this by multitudes of right-minded, well-informed men in New England was that flagrant injustice had been committed. Among pertinent, vital facts are the following : From the outset of colonial times the church had been regarded and treated as an independent body in admitting and dismissing its members, electing its officers and controlling such prop- erty as belonged to itself. The church always chose its pastor, never admitting a right in the parish to impose a pastor upon the church. The earliest church of the Pilgrims was organized before they set foot on Plymouth Rock. The church in Rowley came as a corporate body from Yorkshire, LOCAL ORTHODOXY AND LIBERALISM. England. The first church in Dorchester came similarly constituted to the Massachusetts colony, and afterwards removed to Connecticut. At the time there was no parish in connection with any one of these. Not till many years after settlements in New England began did parishes come into existence here. " Through all this period the churches not only chose their own ministers, but contracted with them and supported them. They built and owned the first meeting houses and had the power of levying and collecting money for this object." ' More than twenty years elapsed before parochial power was given to the towns. (1652) The First Church in Boston, for example — gathered in 1630 — for nearly a century "was alone concerned in fixing the minister's salary, and making all pecuniary appropria- tions." ^ At one period (i 631-1664) there existed the require- ment of church membership as a qualification for citizenship and hence for civil office. That unwise theocratic experi- ment, however, gave place to a more appropriate arrange- ment. But among facts fundamental from first to last are these be it said once more : Congregational churches had existence separate from congregations, parishes, precincts or towns ; by common consent, common law, and at length by statute they had sole right of internal administration, includ- ing the right to elect their own pastor, and to hold property given for church purposes. Those rights they never volun- ' Quoted in Clark's Congregational Churches in Massachusetts^ pp. 326-27. * Emerson's History of the First Church. ELIOT MEMORIAL. tarily surrendered, nor could they lose them except by usur- pation from without. And yet referring to the earliest New England period, Chief Justice Parker affirmed, " Without doubt the whole assembly were considered the church." Whereas without doubt they were not so considered, unless they — as in a few instances — entered publicly and ex- pressly into covenant relations. Very seldom did they start in that way. The First Church in the Massachusetts Colony, that in Salem, numbered at the outset only thirty communicants, while the congregation, out of which the covenanting body was gathered, consisted of three hundred and fifty persons. But Chief Justice Parker, apparently ignorant of such facts, declared in the Dedham decision, that " A church cannot subsist without some religious com- munity to which it is attached. Such has been the under- standing of the people of New England from the foundation of the colonies." No voluntary action of the churches ever surrendered their independence so far as concerns the election and dis- mission of their pastors, the ownership of their records and communion furniture; nor had any civil authority claimed or attempted to exercise a right to disenfranchise churches, and to make their very existence a mere annex to a parish. A formal act of incorporation has not always been required to give corporate capacity to a body of men. Under com- mon law, which is general custom, churches possessed the right and exercised the privilege of holding certain species of property, and were thus recognized as corporate bodies. LOCAL ORTHODOXY AND LIBERALISM. 23 " And 3^et the only circumstance " — so declared the Chief Justice — "which gives a church any legal character is its connection with some regularly constituted Society ; " " As to all civil purposes, the secession of a whole church from the parish would be an extinction of the church." The obvious injustice of the Dedham decision produced a widespread shock, a shock not confined to religious com- munities immediately concerned. Disinterested men of acknowledged eminence at the bar and on the bench shared in the prevalent surprise and criticism. " In a letter from one of the judges of Maine, received in the year 1829, the writer says, ' The Dedham case was a bold stroke. It astonished me. I first saw it merely touched upon in a Boston newspaper ; and in a letter to one of the judges I asked whether the statement in the newspaper could be correct. I told him that I hoped not ; for if correct it seemed to me a declaration of war against all evangelical churches.' " In a letter from a distinguished lawyer in the eastern part of Massachusetts the same year, referring to the Ded- ham case, the writer says : " This strange and unexpected decision, which has shocked the plain sense of good men wherever it has been known, has never been well received or acquiesced in by the bar, or by intelligent lawyers of the Commonwealth. The doctrine by which the decision is attempted to be supported appears to us not less novel, strange and untenable, than the decision itself, and we regard both doctrine and decision in the light of mere 24 ELIOT MEMORIAL. assumption, or — what is quite as offensive — of judicial lesfislation." Before the Dedham decision there had been cases of Hke grievous character. For example, in Sandwich the parish by a vote of eighty-three to eighty declared the evan- gelical pastor dismissed, and he was prevented by force from entering the pulpit. Only one-tenth of the church members adhered to the Unitarian parish. The church embracing nine-tenths of the body when their pastor was ejected, was afterwards compelled to surrender their communion furni- ture and all monies in the hands of the deacons. What was deemed virtual spoliation, though having a form of legal sanction, now (1820) went on unobstructed. Not less than eighty-one churches might be enumerated, which, on the basis of evangelical belief, either withdrew or were driven from parishes that introduced a liberal ministry. Their communion furniture and all other property distinctively their own, as well as property of which they were joint owners, had to be surrendered to the Unitarian parish. In some instances the means employed for ejecting an Ortho- dox minister and driving his adherents into exile, were as far removed as can well be conceived from anything reputa- ble. Men who had not been inside the meeting-house for years were induced to come and vote against Orthodoxy. Ardent spirits and kindred inducements were said to be here and there employed.' There were cases not a few in which special incongruity would seem laughable, but for the ' Clark's Congregational Churches. 300-304. LOCAL ORTHODOXY AND LIBERALISM. 25 gravity of inhering injustice. For instance, in Ashley, the church embracing one hundred and one of the members, being unwilling: to sit under Unitarian ministrations, with- drew from the parish. One male member, ninety years of age, and eight females remained with the parish, and under decisions of the court were entitled to the name property, and all rights of the church. It is gratifying to be able to say that such proceedings as have been referred to would probably not now be repeated, whatever occasion might arise. It remains true, however, that the party, to which numerical and pecuniary benefits inured, has never repudiated the process. They generally find it convenient to say but little about the merits of the original decision and of others based upon it. It is only an occasional instance of rare candor on the subject that we meet with. It should be added that many other parishes, as well as minorities of the eighty-one churches particularly referred to, joined the Unitarian ranks. But during the period of early discussion and embar- rassing ecclesiastical changes (1810-1835), there was a re- markable and most gratifying development of evangelical energy. The loss of so many places of worship with their hallowed associations, and the loss of so much other prop- erty, accompanied by a stinging sense of wrong, roused a spirit of sacrifice. Not for over a century had there been such recognition of religious kinship, or such vigorous coop- eration for the maintenance of evangelical truth. While at one time there was only a single church in Boston resting 26 ELIOT MEMORIAL. on the old foundations of belief, by the year 1828 there were eight such. Far more churches were formed and more church buildings erected during that than during any other equal period in New England history. The evangelicals organized or re-organized one hundred and ninety-three churches, and built an equal number of places of worship. The disruption of the Scottish church, which took place not far from the end of those twenty-five years, had points of analogy. CHAPTER III. PRELIMINARIES AND ORGANIZATION. The doctrinal discussion centering for years chiefly in Eastern Massachusetts clarified our religious atmosphere. Lines of denominational latitude were defined. A spirit of evangelistic enterprise was awakened. The Orthodox were aroused to the requirements of church extension, and the conviction was more firmly settled that the precious faith which had been passing through a fiery trial was worthy of strenuous self-sacrifice. An outward current of population from Boston directed attention to suburban needs, and in no quarter immediately connected with the city was that current stronger than on the Roxbury side. The attractions were obvious. Connection by land, with- out bridge or ferry, had for one thing an advantage. Here, too, were more elevation and variety of surface, more eligi- ble sites for building and landscape-gardening purposes. It was a natural result that in the second and third decades of the present century churches should begin to multiply in this neighborhood. The first pastor of the Universalist Society was installed in 182 1.' An evangelical brotherhood, 'pastors. Hosea Ballou, 2d., D.D. July 26, 1821. Resigned, April 28, 1838. Asher Moore. January, 1839. Resigned, 1840. Cyrus H. Fay. January, 1841. Resigned, March 26, 1849. William H. Ryder, d.d. November, 1849. Resigned, January, 1859. 28 ELIOT MEMORIAL. the present Dudley Street Baptist Church, received in 1822 the first of its series of pastors.' Some years before this Dr. Ebenezer Burgess of Dedham walked the streets of Rox- bury in company with Rev. Samuel Greene of Boston, in consultation regarding the practicability of an evangelical church here. Ten years later (May 13, 1832) came the St. James' Episcopal Church with fourteen members.^ Simul- taneously a movement began which resulted in the forma- tion of the Eliot Church. At that period a lively church fellowship existed, and conference was usually sought with reference to the expediency and location of new churches. A few Roxbury gentlemen met in the Cowper Committee J. G. Bartholomew, d.d. July 19, i860. Resigned, January i, 1866. Adoniram J. Patterson, d.d. September, 1866. Resigned, June i, 1888. Everett L. Rexford. June i, 1888. Resigned, December i, 1894. Frederick W. Hamilton. September i, 1895. 'pastors. Joseph Eliot. April 10, 1822. Resigned, June 24, 1824. William Leverett. January 20, 1825. Resigned, July, 1839. Thomas Ford Caldicott, d.d. June, 1840. Resigned, April 8, 1848. Thomas Davis Anderson, d.d. June, 1848. Resigned, October, 1861. Henry Melville King, d.d. April 12, 1863. Resigned, December 20, 188 1.. John Mahan English. March, 1882. Resigned, August 22, 1882. Albert Knight Potter, d.d. February, 1883. Resigned, September 13, 1886.. Thomas Dixon, Jr. December i, 1887. Resigned, April 16, 1889. Adolph S. Gumbart, d.d. January, 1890. Died, March 19, 1899. W. W. Bustard. January 18, 1900. Mark Anthony DeWolfe Howe. January i, 1833. Resigned, January i, 1847. John Wayland, d.d. January i, 1847. Resigned, January i, 1859. George Sherman Converse. June i, 1859. Resigned, June i, 1871. Percy Browne. January i, 1872. PRELIMINARIES AND ORGANIZATION. 29 Room, November 20, 1833, with others residing in Boston, for consultation and action having reference to a place of public worship for Congregationalists living here.' A reso- lution was unanimously adopted to purchase a lot of land and erect thereon a house for the purpose named. Meas- ures were at once taken to establish lectures by neighboring evangelical clergymen Sunday and Thursday evenings, and these were attended by a small yet constantly increasing number. The first service with preaching was held Decem- ber 29, 1833. Drs. N. Adams, L. Beecher, Blagden, Bur- gess, Codman, S. E. Dwight, Jenks and Winslow were prominent among those who encouraged the movement by personal ministration. The place of gathering was the upper hall of Spear's Academy, a stone building,^ next to which our permanent place of worship was afterwards built. The next May, at a meeting held in the Old South Chapel, ' Sirs : — You are invited to attend a meeting of gentlemen at the Cowper Committee Room on Wednesday evening, November 20th (this evening), at 7 o'clock, to consider the expediency of aiding the friends of evangelical truth in Roxbury in establishing an Evangelical Congregational Church and Society in that village, and to take such measures relative to the subject as the meeting may deem expedient. John Doggett. Pliny Cutler. Geo. W. Blagden. Charles Scudder. Henry Hill. Daniel Noyes. Dr. Burgess came from Dedham to attend that meeting. 2 Later the hall was bought by the city, and having been remodelled, was occupied by the Dudley School, and yet later by the Girls' High School. The brick addition in front was put up afterwards. 3° ELIOT MEMORIAL. a subscription was opened with reference to raising twelve thousand dollars toward the erection of a house of worship. Meetings for business and devotional exercises were also held in Roxbury. Entire unanimity existed, and the move- ment toward organizing a Congregational Church matured rapidly. No one was more indefatigable or more free in giving time and money to the enterprise than Mr. Alvah Kittredge. This was done in an unobtrusive way. He was a man of few words and no noise. He had the rare tact of keeping to work quietly and efficiently, without making demonstration of himself and without occasioning friction. An ecclesiastical council met in the hall before men- tioned, September i8, 1834. In addition to those specially invited Drs. Rufus Anderson and B. B. Wisner of Boston were present ; also Rev. Andrew Reed, d.d., of London, and Rev. James Matheson, d.d., of Durham, England, who were then visiting American churches as a deputation from the Congregational Union of England and Wales. Dr. John Codman of Dorchester was chosen moderatoi . The Articles of Faith and the Covenant which had been adopted were laid before the Council and approved. The examination and ordination of Mr. Jacob Abbott as an evan- gelist— being named in the letter missive — formed a part of the proceedings. The examination of the candidate, however, was not at first deemed satisfactory. In the pub- lished Report of the English Deputation,' Dr. Reed says : ^Narrative of the Visit to the American Churches by the Deputation^ etc. Two Vols. London, 1835. Vol. I, p. 455. PRELIMINARIES AND ORGANIZATION. 3 1 " The deliberations of the Council continued some time ; but they were confidential. There was a want of una- nimity ; and it was therefore thought advisable to see Mr. Abbott again. The examinations were renewed, and ex- planations were candidly given. The candidate was then requested to retire, and a vote was taken ' that the Council do proceed to the ordination of Mr. Jacob Abbott. On the evening of the same day public exercises were held in the Baptist Church. An introductory address was given by Dr. Burgess of Dedham ; the prayer of consecra- tion was offered by Dr. Codman ; and the Rev. Mr. Win- slow presented the right-hand of fellowship. Dr. Nathaniel S. Prentiss having been previously designated to receive the same in behalf of the church. Of the fifty-one constituent members forty-five brought letters from twenty different churches, the largest number from any one being ten from that of Bowdoin Street, Boston. A Baptist Church was among those which contributed to the original membership. Six were received on their first public confession of faith. Three-fifths of the whole were women. Of the brethren two were ministers and two physicians. Only one, Mr. John Heath, was a native of Roxbury, and for many years the accessions were chiefly from the newer and transplanted population of the place. In no sense and to no extent was this an offshoot, as has been reported, from the First Church. The next evening after those public services, Friday, the nineteenth of September, 1834, was held the first assem- 32 ELIOT MEMORIAL. blage of this newly-organized brotherhood for devotional exercises, which have since been continued uniformly on that week-day evening for more than sixty years. Kenil- worth being the name of the street on which the new organ- ization commenced worship, the good people did not care to take that designation ; Scott's novel, " Kenilworth," was then much read.' The First Church, Roxbury, belonged to a different category; hence the new enterprise could not suitably be called the Second Church ; and so it assumed the name Eliot. Roxbury never had a citizen more worthy of being thus commemorated, though the usage of designating a church of Christ by the name of any man, however distinguished, is not in accord with the best Chris- tian taste. Mr. Andrew S. March heads the list of very competent clerks of the church," having been chosen at the first meet- ing, and not long afterward Mr. John Heath was elected treasurer. ' Kenilworth Castle, as is well known, was given by Queen Elizabeth to Robert Dudley, Earl of Leicester, her ambitious and noted, not to say notorious, favorite. Dudley was one of the most conspicuous names in the early history of Roxbury and of Massachusetts. In 1820 Col. Joseph Dudley of Roxbury laid claim to a Dudley peerage, and sent an agent to England with documents sus- taining the claim, but without success. ^CHURCH CLERKS. Andrew S. March. September 23, 1834. Resigned, January 27, 185 1. Henry Davenport. January 27, 1851. Resigned, January 25, 1870. Ebenezer W. Bumstead. January 25, 1870. Resigned, January 29, 1897. James S. Barrows. January 29, 1897. PRELIMINARIES AND ORGANIZATION. 33 Our excellent corps of deacons' begins with the names of William G. Lambert and Alvah Kittredge, whose election occurred two months subsequent to organization. With the exception of not having an installed pastor, the church was thus fully equipped for service and growth. Although the members came from various quarters and had but little previous acquaintance with one another, great harmony prevailed. A spirit of enterprise and a cheerful effort in behalf of the common weal reiened throughout the ranks of these confederated volunteers. As there can be but one period of youth for an individual, so with a community. The peculiar freshness and ardor of feeling on the part of such a band engaged in a noble yet arduous undertaking cannot be expected to continue with- out abatement when success has been achieved. I DEACONS. William G. Lambert. November 6, 1834. Resigned, March 12, 1841. Alvah Kittredge. November 6, 1834. Died, 1876. Henry Hill. January 18, 1839. Resigned, June 13, 1845. Andrew S. March. December 5, 1845. Resigned, September 5, 1851. Henry Hill. May 3, 1850. Resigned, April 3, 1857. William W. Davenport. June 24, 1853. Resigned, May 7, 1858. Edward B. Huntington. December 12, 1856. Resigned, August 11, 1871. Moses Henry Day. December 18, 1857. Resigned, February 8, 1867, Lucius H. Briggs. December 20, 1861. Died, April 17, 1889. J. Russell Bradford. February 8, 1867. Died, March 12, 1885. Charles W. Hill. April 22, 1870. Died, November 17, 1896. William F. Day. January 2, 1874. Resigned, April 5, 1877. Timothy Smith. November 3, 1876. Andrew Marshall. November 3, 1876. Died, April 2, 1883. Alpine McLean. November 2, 1883. Frederick C. Russell. March 4, 1887. William F. Day. March 4, 1887 ; September 15, 1896. Died, March 8, 1899. Clarence T. Mooar. March 5, 1897. CHAPTER IV. FIRST PASTORAL SETTLEMENT. An early question with every newly-organized church is, Whom shall we have for our pastor ? Mr. Jacob Abbott, having resigned his professorship in Amherst College and having removed to Roxbury, was active in a movement for establishing the Eliot Church. His ordination by the council which organized the Church was with the express understanding that he would not come into any official relation to the same. For the first three months of service in supplying the pulpit he was paid one hundred and twenty- five dollars and at the same rate for the remaining period, which closed at the middle of February the next year, 1835. Two months later the Rev. William M. Rogers of Town- send received the first invitation to become pastor here. There was as yet no incorporated ecclesiastical society, but the congregation concurred unanimously in the choice. Mr. Rogers, however, declined the call. Another three months went by when a younger brother of Mr. Jacob Abbott, the Rev. John Stephen Cabot Abbott, who had for five years ministered to the Calvinistic Church, now Central Church, Worcester, was invited to take the leadership of the Eliot brotherhood. Meanwhile this Church had assisted in the installation of Mr. William M. Rogers as pastor of what was then Franklin Street Church, Boston ; and now he was FIRST PASTORAL SETTLEMENT. 35 present (November, 1835) on the council which installed Mr. Abbott. Dr. Codman presided, Dr. Albro acting as scribe, and Deacon Charles Stoddard as assistant scribe. The dedication of the new house of worship took place on the same occasion. Mr. Abbott's first sermon after instal- lation was from Genesis 28: 17, " This is none other but the house of God." Only twenty-one additions to the original constituent membership had been made before the first dismission occurred, that of Mr, and Mrs. Josiah H. Hammond, Jan- uary 19, 1836. Death also began to invade our ranks. Mrs. Mary J. Bowman was the first to be thus removed. She had been received in May, 1837, and her four children were baptized. Being confined to her bed by sickness she re- ceived the Lord's Supper at her private dwelling, and just a month after that she found herself where symbols are no longer needed. During the five years' ministry of Mr. J. S. C. Abbott the Church received accessions to the number of one hundred and fifty-one, eighty-nine of these being by let- ter. At the time of his settlement the salary was one thou- sand dollars ; the next year it was raised to twelve hundred dollars, and in 1837 to fourteen hundred. Mr. Abbott ten- dered his resignation June 2, 1840, but upon request of the people, withdrew the communication. After six months, however, the resignation of office was renewed and accepted. The farewell sermon was preached December 20. January 13, 1 84 1, a Council confirmed the proceeding. At the time of his settlement in Roxbury Mr. Abbott ;^6 ELIOT MEMORIAL. was thirty years of age, having been born in Brunswick, Me., September 15, 1805. He graduated from Bowdoin College, 1825, and after studying at the Andover Theological Sem- inary, was ordained in 1830. On leaving Roxbury he had a short ministry at Nantucket; but for the next seven years was associated with his brothers, Messrs. Jacob and Gorham D. Abbott, in conducting an institution for young ladies in New York City. Thereafter he devoted himself to literary labor. Before coming to Boston Mr. Abbott had written " The Mother at Home " and " The Child at Home." Later works from his pen were chiefly historical, as follows : — " Kings and Queens : or Life in the Palace." " The French Revolution of 1 789." " The History of Napoleon Bonaparte." (2 Vols.) "The History of Napoleon IH." Ten Volumes of illustrated histories. "A History of the Civil War in America." (2 Vols.) " Romance of Spanish History." " The History of Frederick the Second ; called Freder- ick the Great." Some of these were translated into European lan- guages. Mr. Abbott died at Fairhaven, Connecticut, 1877. CHAPTER V. SECOND SETTLEMENT. After Mr. J. S. C. Abbott's retirement from Roxbury there was an interregnum of a year and a half. Numerous preachers — some of them to the number of forty as candi- dates, and some not as candidates — occupied the pulpit. An extended period of that sort is seldom of much general profit to the people, and this instance formed no ex- ception. I have been requested to give a detailed account of the second settlement. Of the circumstances which led to it I can give no account. It should be stated that while an under-graduate theological student I came to the conclusion that if the Head of the church had called me to the Chris- tian ministry he would as surely point out his choice of a field, and that it was not for me to seek or knowingly per- mit friends to seek any particular pulpit for me. When the invitation from Roxbury came I was entirely ignorant in regard to the place, its condition and its people. All that I had ever learned about the town was that there were forti- fications here in the war-time of the Revolution. I had never made the acquaintance of any one living within a hun- dred miles of Roxbury, and it was years before even a conjectured clue to the circumstances of my being invited came to light. In response to a request through Rev. David 38 ELIOT MEMORIAL. Greene, Home Secretary of the American Board of Mis- sions, and Chairman of the committee of supply, that I should preach here three successive Sabbaths, I came to Boston in the early Summer of 1842. Mr. Greene met me at the Railroad Station in Boston and took me to his house on Cedar Street in Roxbury. Mrs. Evarts, the widow of Jeremiah Evarts, and mother of Mrs. Greene as well as of her distinguished brother, William M. Evarts, was then in the family. Her matronly presence, her striking features, her keen black eye, her fine conversational power remain in memory with great distinctness. So do all the members, parents and children, of that well ordered and delightful household. Having only a few sermons on hand I wrote one each week of the fortnight spent in Roxbury, preaching them while here, and then returned to Northampton, where I was staying at that time. Two of the Sabbaths then spent here were the first two of June ; and as soon as prac- ticable the Church and Society joined in unanimously in- viting me to become their pastor. Messrs. Henry Hill, Alvah Kittredge and Hon. Samuel H. Walley, Jr., were deputed to convey the invitation and to confer personally with me at Northampton. A few days later my written acceptance of the call was sent to Roxbury. In the mean- time, a similar invitation from a church in the Connecticut River valley was handed me, and there were strong local inducements to accept the same. One reason for declining it was the simple fact of priority on the part of the other in- vitation. What the relative amount of salary was I do SECOND SETTLEMENT. 39 not remember. At a yet earlier date a request had come from the church in my native place. That was contrary to my avowed wishes, which had been made known with frankness and decision. The circumstances that this invitation pro- ceeded from revered associates of my parents as well as from my own early schoolmates, was a sufficient reason for declining the post of spiritual instructor and guide amidst such acquaintances of early life. Arrangements regarding the council and ordination services at Roxbury were left entirely in the hands of the committee. My being such a stranger in that part of Mas- sachusetts was reason enough for this. The practice of stated pastoral vacations had not then come to be so com- mon as it now is. After my acceptance of the call, the ecclesiastical society voted an annual vacation of four weeks, which was sufficient, and the more gratifying because it was done spontaneously. At that time the annual exodus of Summer visitors to the mountains and other rural resorts, as well as to the sea- side, had hardly begun, otherwise the formal induction to office would not have occurred in dog-days. It was assigned to the 27th of July. Examination by the council was somewhat prolonged, and as it seemed to me very thorough. I could wish that acquaintance with a candidate's religious views might never be sought with less scrutiny. It was not then the custom, as is now the case, to call for a written statement of one's theological position. The examination occupied the greater 40 ELIOT MEMORIAL. part of the afternoon, public services coming in the evening. Dr. John Codman of Dorchester presided. The invocation was by Rev. Mr. Marsh, pastor of the Spring Street Church, West Roxbury, which was organized the same year as the Eliot Church.' My brother, Professor William Thompson, preached the sermon. Of the other services two are dis- tinctly recalled by me, one of them the right hand of fellow- ship given by Dr. N. Adams in his peculiarly happy manner, easy, fraternal, cordial, with no tinge of the merely pro- fessional or perfunctory. It drew my heart to him and my warm expectant regard for those whom he represented. Among his appropriate sayings I remember a reference to the Rev. Daniel Crosby of Charlestown, then just deceased, a man greatly respected and beloved : — " Others may hail the rising sun, I bow to him whose course is run." The other service which deeply impressed me was the ordaining prayer by Dr. Burgess of Dedham, in the course of which he employed successive clauses, beginning, " We set him apart," and "from the halls of legislation" was appro- priately one of them. The pressure on my head of his hand and the hands of other revered divines as I kneeled by them ' PASTORS. Christopher Marsh. May 17, 1837. December 11, 1850. Thomas Laurie, d.d. May 7, 1851. January 30, 1868. William S. Hubbell. January 30, 1868. January 25, 1872. Edward Strong, d.d. May 2, 1872. July 13, 1882. Clarence A. Beckwith. November 21, 1882. March 15, 1892. Frank W. Merrick. May 11, 1893. SECOND SETTLEMENT. 4I in the pulpit and listened to the solemn words of consecrat- ing prayer, can never be forgotten. Indeed for many weeks, and especially amidst ministerial duties, there seemed to be a distinct sensation that the hair had not risen from be- neath those venerable hands. Dr. Burgess felt a peculiar interest in the formation of this church ; had contributed pecuniarily to its growth ; but had no thought that the " hands of the Presbytery " were being laid on the head of one who, some thirty years later, would become his son-in- law. It is a coincidence not unworthy of mention that by the courtesy of the Eliot Society my family have unwit- tingly occupied the pew which was originally owned by him. At the close of the service Dr. Codman shook hands with me most cordially and said, " Make use of my library." He had an unusually large and valuable collection of books. I never availed of his offer, nor ever forgot the kindness of that hour, a kindness that continued without interruption till the last hour of his life. Between the organization of the Eliot Church and the second installation of a pastor, 1842, there had been no very marked general developments in the religious condition of Boston and its vicinage. Individual occurrences, however, of considerable significance took place. Emerson's noted sermon before the Cambridge Divinity School was delivered in 1838. The next year came Professor Andrews Norton's address on " The Latest Form of Infidelity." Theodore Parker, who was settled at West Roxbury in 1837, preached his famous South Boston discourse in 1841, the subject 42 ELIOT MEMORIAL. being the transient and permanent in Christianity. That may be accepted as inaugurating the era of a form of bald infidelity in these parts. But its progress was slow. It scarcely touched the Eliot congregation. The good people of our congregation did not desire combativeness in the pul- pit, and as little did they desire avoidance of the great dis- tinctive facts and truths of evangelical Christianity. Opiate divinity had no charm for them. It was far from my thought to play the role of belligerency ; I do not recollect ever to have referred publicly and by name to Unitarians or Universalists ; but it was soon perfectly understood what position the young pastor held. Fill the bushel with wheat, and chaff will have small chance. CHAPTER VI. THE PULPIT. A Pedestal, a throne, on which concentrated light is cast — such is the pulpit. To stand there the object of all eyes, open at all points to criticism, challenging respect and confidence, though fully conscious of insufficiency — what an occasion for trembling ! What a morning for one young man was that of July 31, 1842, the first Lord's Day in a momentous relation that was to continue indefinitely. The shrinking and tremor would have been overpowering but for the Saviour's last promise, " Lo, I am with you." This pre- sented itself as the minister's own promise. It gave strength and calmness ; and from that day to the present I have sel- dom gone to the sacred desk without pleading this precious pledge. The morning's sermon that day was on " The Christian Embassy," from the words, " Now then we are ambassadors for Christ, as though God did beseech you by us ; we pray you in Christ's stead, be ye reconciled to God." In the afternoon the subject was, " A People's chief duty to their Pastor " (Hebrews 2 : 2, 3). But there sat Rev. Dr. Ander- son, Rev. David Greene, besides other clergymen and well- educated laymen, men of large experience in public affairs. There were women, too, of a superior type, mothers in Israel and daughters of Judah, mature and refined. The audacity 44 ELIOT MEMORIAL. of a young man rising up as teacher and guide in such a presence seemed prodigious. Lack of adequate mental capacity and furniture was not the chief source of anxiety. The religious welfare of a congregation weighed like a mountain. What Augustine says about angels being un- equal to the burden' came to mind. But for a strong hand from on high, collapse would have come. The people, how- ever, were kindly considerate. Attention was all that could be desired. In the earlier years of my ministry there was one in the congregation, Dr. Nathaniel S. Prentiss, whose specially eager attention could not fail to attract notice. He sat at an angle from the pulpit that made it particularly easy and natural for the speaker's eye to rest on his noble counte- nance. His love of scripture truth was intense. If now and then there was some one apparently in the same condi- tion with Malchus after Peter had used his sword. Dr. Pren- tiss more than made amends for such. His portly person, his large eyes, his riveted attention seemed enough for a half side of the meeting-house. One of the deacons, a very grave man, who sat in the pew behind the doctor, said that as a sermon proceeded, the old gentleman, with both hands on the top of his gold-headed cane, would unconsciously work forward on his seat ; and the observer was often anxious lest he should land on the floor. He weighed con- siderably over two hundred pounds. As for criticisms, there must have been many and ' Onus Angelicis humeris formidandum. THE PULPIT. 45 deserved, though it was seldom that one came to my ear. I can recall but a few instances. It was my practice to re- write whenever I preached a sermon the second time, except when there came a request for repetition. In one instance, having no time to recast a manuscript, I delivered a dis- course word for word after an interval of seven years. As the congregation were retiring, an individual who had joined us in the interim remarked with a deep flush on his face, " That sermon was all aimed at me." Another case was this : In due course of exposition it became necessary for me to say something in regard to divorce, though not know- ing that a divorced person was present. It appears that one of the quartet singers belonged to that class, and was moved to talk violently about the sermon. But for that, it might not have become known that there was anything disreputa- ble in her history. Sometimes just the opposite of fitting personal application took place. " Where did you get that sermon last Sunday, Mr. Thompson ? " was put to me ear- nestly. " Well, the text was in Numbers." " Ah, you hit the nail on the head ; " and more to the same effect. If any head was hit, his, by general consent, was the one. But he proceeded to speak of Mr. Blank as engaged in bogus stock operations, etc. One female hearer, not afflicted with self- distrust, would now and then give advice touching sermons, and once complimented herself by saying that she noticed I always preached better after her conversations with me. The appropriateness of certain subjects and sermons is not usually seen by all. After discourse one Sunday fore- 46 ELIOT MEMORIAL. noon on the Pharisee and Publican, a good clerical friend in the congregation kindly suggested the inquiry whether cer- tain paragraphs relating to the prayers of the impenitent were quite in place at that time. Before night a theologi- cal student, a member of our church, called, after conversing with another young man, who was well informed on general subjects but a Pharisee in his religious views and ways. He had said to the student, " Why did you tell Mr. Thompson my confession to you yesterday.? " His friend replied, " I did not see Mr. Thompson till after the sermon this morn- ing." The young man, who had been a gay New Yorker, remarked, " It was the closest and most pertinent sermon I ever heard." After a discourse on the " Efficacy of Prayer," one good woman sent me word indirectly that she did not need such an argument. Before the next Lord's Day another excellent Christian women thanked me very heartily for that sermon, saying it was just what she needed. A wise and kind elderly member of the congregation expressed doubts as to the expediency of introducing into the pulpit a certain sub- ject which had just been handled on the Sabbath. Within a few days I heard of a hopeful conversion resulting from that sermon. In the matter of pulpit preparation and pulpit occu- pancy most pastors have an experience of trying exigencies, and more particularly in their early official years. A share fell to my lot. In several instances, owing to illness or a succession of funerals and other interruptions, it became im- THE PULPIT. 47 possible to commence usual preparation before Saturday, and that, too, when body and mind were jaded. Hours were spent in trying to secure an exchange with different neighboring ministers, but unsuccessfully. Returning home, a wearied and possibly somewhat wiser man, I would spend most of the night in necessary writing instead of needed sleep. Twice within my first three years an agent of some benevolent society had agreed to meet me of a Sunday after- noon at the church door and occupy the pulpit in present- ing his cause, but failed to appear. Each time the disap- pointment was partly relieved by my being able to summon up a discourse previously committed to memory. When such trials work faith, there is compensation to the preacher if not to the hearer. Can the pulpit be long out of a minister's mind any day of the year, and year after year, be the pastorate a long or a short one ? What subject most needed next ? how shall it be so treated as to be most effective ? are questions con- stantly recurring from January first to December thirty- first. Of about one thousand sermons a classified synopsis of subjects shows the following proportions : — The Bible — characteristics and claims, 24 ; the several books, 7 ; exposi- tion of whole books or chapters, 231 ; Scripture characters, 28. God — character, works, and government, 36. Christ — attributes, offices, life, 118. The Holy Spirit — attributes and offices, 26. Man — character, ways, needs, duties, destiny, 102. The Christian — characteristics, duties, privileges, destiny, 285. 48 ELIOT MEMORIAL. Revivals, 28. 7"-^!? Family — Periods of Life, Classes of Persons, 73. Death and the Future, 69. special Occasions and Miscellaneous, 1 1 1 . Memoranda show that in twenty-three instances I preached at the ordination or installation of foreign mission- aries or home pastors. As some written sermons were at different times destroyed, and as some were never com- mitted to paper, it is impossible to find the exact number that were delivered from the Eliot pulpit. Memoranda show that for somewhat over a thousand discourses, 359 texts were taken from the Old Testament, and 703 from the New Tes- tament. In no instance was a passage employed simply as a motto ; nor garbled by employing an incomplete sentence or some single phrase. Occasionally I tried the expository method, dwelling on half a chapter at a time, not, however, without careful preparation, and it was gratifying to hear of much satisfaction being expressed by members of the con- gregation. Never was a mere verbal or fanciful analogy made the basis of a discourse. Imitation of the method or style of other men was never attempted. Simeon's volumes of plans I never saw. But I once read in public another man's discourse. It was from a volume of sermons on " Christ the Great Subject of Gospel Preaching," etc., by Ebenezer Thayer, pastor of the Second Church, the one in West Roxbury over which Theodore Parker was after- ward settled. The discourse was one of twelve, clear, scriptural and forcible, on the person and work of Christ. This was done at an evening meeting in the lecture-room, THE PULPIT. 49 the audience large and attentive, and a desire was expressed that yet other sermons might be given from the same vener- able book, which was published more than a century before (1721). I never took notes of any preacher's sermons and never borrowed a skeleton. In every instance, whether a sermon might be called doctrinal or not, there was a dis- tinct purpose to make a definite impression and to secure a well-defined practical result — helpful instruction, vigorous aspiration, saving conversion, or earnest, holy living. When after fifty years occasion ceased for their further use, it was a rather trying task to destroy a thousand or more manuscripts, the chief products of much brain-work — products which had been employed for the most sacred purposes. They were luminous at least once. John Bright, the celebrated English statesman and orator, expressed surprise that any one could preach week after week to the same congregation. But even the Turk has a proverb that solves the mystery, " When God gives office he also gives ability to fill it." CHAPTER VII. PASTORAL SERVICE. /. Parish Calls. No part of ministerial labor has been more a delight than these. At the time of my settlement there was no Consfregational Church within two miles of the Eliot Church. Parochial limits were thus for a good while wide apart ; and quite a number of those worshiping with us lived a long way from the place of Sunday meeting as well as a yet greater distance from one another. Being chiefly a transplanted people, their social ties were feeble. One inci- dental result was the absence of gossip. I have never known a community where there was so little mischievous or idle small talk. Had they lived more compactly and met more frequently, it might have been different. The pastor naturally became a bond or medium of fellowship. During the whole period, excepting long absences, calls averaged seven hundred and ninety per annum, but the thought of being foot-sore hardly found place in the young man's mind, so hearty was the welcome he received. Smiles would brighten the cloudiest day. In the course of thirty years only a few exceptions to this took place among our own people. It occurred to me at the outset that, for the manner of conducting official visits it would be well to begin as they might be expected PARISH CALLS. SI to continue, prayer among other things being proposed. One of my first calls was at the house of a sick church member too ill at the time to see me, and whose husband was an irreligious man. I endeavored to open acquaint- ance pleasantly with him, and before leaving said, " Shall we unite in prayer for the invalid.?" "No objection if you want to," was the gruff response. I found few persons less easily approached in serious conversation than the devotees of society so called. One such having just returned from a trip to Philadelphia I called on her, and after a while endeavored to turn con- versation into a profitable channel, but without success. " Well, Mrs. Blank," I remarked, " there must be one city more attractive than even Philadelphia. Is it not New Jerusalem ? " " O, I presume so ! " This specimen will suffice. At an early period there came to town one of the shoddy rich men, who took a high-priced pew in the Eliot Church. Calling promptly at his house I was re- ceived with a rather overpowering dignity, the well-to-do- parishioner presenting himself in a showy dressing gown. He soon informed me that Mr. of a neighboring town was his pastor, and I was able to speak in the high- est terms of that brother minister. The new-comer occu- pied this part of our hemisphere only a short time. Majesty seldom tarries long in the same place. He was the man, if I mistake not, who called a leading physician of Boston and wished him — as the doctor afterwards told me — "to dognose [diagnose] his case." After a few years I was 52 ELIOT MEMORIAL. greeted at another house — a house of repute — " You are a great stranger; you haven't been here for two years." Twelve months had not gone by since my previous visit. To make assurance doubly sure thereafter I had a quarto volume prepared for a record of calls, one broad column on each page for the names of persons visited ; a narrower column for dates ; another to indicate merely social calls ; and yet another to indicate when the individual was not at home. Such a register serves as a corrective to the treacherous memory of both minister and people. It served a good purpose when Mrs. remarked that I had not been to her house for a year and a half, during which time two of her daughters had been sick. Turning to my register I found mention of three visits to the family within the preceding six months. Little mistakes some- times occurred. Calling at one of two houses precisely alike in their exterior and near each other, I inquired, " Is Miss at home ? " The servant said, " Yes," and showed me in. It was evening. Hall and parlor were not well lighted. I had hardly been ushered in when a good lady advanced, saying, " How do you do, my dear pastor ? " I took her to be a sister of Mrs. Van Kuren just come to town, and after chatting with her a few minutes I re- marked, " Mrs. Van Kuren is not able to get out much." " O, Sir," said the lady, " Mrs, Van Kuren lives at the next door. I thought you were my pastor, whom I expect to take tea with me." No year passed without an effort to have more than PARISH CALLS. 53 one personal interview with every member of the congre- gation, whether old or young. The most frequent visits were not paid to the more conspicuous but to humbler families. The former were, as a general thing, less likely to suspect disproportionate attention. Among the latter was found usually greater freedom in disclosing domestic and other trials, as well as spiritual needs and religious joys. Many a church-meeting talk and many a sermon came out of visits to crowded alleys and dingy rooms. Nowhere else was sympathy so deeply moved, and no- where else did choicer fruits of divine grace come to light. Pithy sayings were sometimes dropped and now come to mind. A thoughtful woman, around whose dwell- ing a plenty of weeds and rude children of the neighbor- hood might be seen, remarked, " Everything grows here but goodness." Another, much devoted to active benevo- lence, after being shut in by ill-health, said to me, " It requires great grace to be good for nothing." Two compliments came to me from such quarters the same day. I was told that an Irish member of the church, who had died shortly before at the age of ninety-two, prayed every day during my absence in Europe that I might live to return and attend her funeral. A Scotch member of the church, aged ninety-six, on hearing some favorable remark about a sermon which I had preached, observed, " Ah, he s the boy to do that ! " While there is sometimes a pride that looks up as well as a pride that looks down, flowering plants never 54 ELIOT MEMORIAL. seem so attractive as in the windows of a tumble-down cottage. Never can I forget the sweet expression on the countenance of an impoverished widow as, looking out upon the well-kept lawn, and grove, and shrubs, and vines of a neighboring estate, she said, " My Father made them all." Nor can I forget the look of heavenly contentment on the face of another in her solitude, who would never admit being alone, but said, " My dear Elder Brother is always with me." There comes to mind the radiant ex- pression on the face of a woman thirty years ago. She was ninety, blind, feeble, dependent, and at the time sick withal. As I spoke of the loving-kindness of God, she raised her emaciated hands, exclaiming, " Praised be my Heavenly Father for all he has done for me ; for all he is doinor to me ! " Pastoral visits disclosed now and then what seemed to be the conversion of a church member, not a second conversion, so called, but the initial experi- ence of saving grace. One instance may be mentioned, that of a professional man in a lingering decline, who was intensely desirous of recovery, being very timid in view of suffering and death. At length there came an overwhelm- ing sense of sinfulness, and he passed through a severe spiritual struggle. He obtained and retained a most sat- isfying view of Christ as the atoning Saviour. Christian patience, and meekness and joy in a marked degree fol- lowed. A widow in her eighty-third year said to me — she was from the north of Ireland, and had an original way PARISH CALLS. 55 of expressing herself — "Nigh twenty years ago I was in a great consternation of mind and body. I lay awake one night feeling like a sparrow alone upon the house-top. I prayed God he would send some one to teach and help me. The next day who should come in but you yourself. You prayed with me; but you first repeated the hymn, — " ' Jesus, lover of my soul, Let me to thy bosom fly.' That was just what I wanted. The peace of God has kept me ever since." After that she joined our church, making no use of a musty certificate. Among the memorabilia of sick-rooms was the case of a church member, who sank under a cancerous tumor in the throat, which occasioned great suffering. She could speak only at considerable intervals and could articulate only two or three words at a time. Between paroxysms of distress she would say, " God is good " — " He is good " — "Thanks for mercies" — "He strengthens me" — "His will be done" — "Christ is precious" — "All is peace." Silent endurance simply is impressive ; but such victory over pain, such irrepressible paeans through faith in our Lord Jesus Christ are sublime and more effective than any didactic volume of Evidences. Upon decease there is no long flight of the soul to follow, but simply a step to the other side of the veil. And let who will go forth prospecting for precious metal, or searching the sky for undiscovered luminaries, I would far rather listen to the 56 ELIOT MEMORIAL. dying testimony and catch the light in the eye of a de- parting believer. And that, too, although pastoral pres- ence was now and then sought when impossibility seemed to stare me in the face. Owing to a two-days' sick head- ache, I was obliged to write one Thursday night on a pre- paratory lecture for the next evening. Indeed, it was after two o'clock Friday morning when I retired to rest. The clock had not struck three before I was called up by an agitated son, and hastened to the bedside of his dying mother. She was the senior member of our church at that time, being in the eighty-sixth year of her age. Her pains were great but her peace of mind still greater. At another time I was called up past midnight to go and see a sick woman, who had just learned suddenly that her ex- pectation of recovery must be given up, and who was in extreme agitation. She was living in a court not particu- larly reputable, and I took a policeman with me. Other calls were made by daylight till the wretched sufferer's last fearful groan was uttered. In 1865 died Mrs. Sarah A. Rogers, who for years suffered from an extreme palpi- tation of heart which shook her whole frame and the chair in which she obtained only imperfect repose. After join- ing the church she was unable to attend public worship, and never but once received the emblems of Christ's dying love. At length she passed out of the apartment of suffering and of shadows into sunlight. During all that period of wearisome months and even years of pant- ing, no complaint escaped her empurpled lips. Cheerful- PARISH CALLS. 57 ness reigned throughout all. My calls were frequent, and all the while that palpitating heart " Like a muffled drum, was beating Funeral marches to the grave." Pastoral life became a vibration between joy and sor- row. So frequent was the demand upon ministration to the sick and bereaved that I was kept almost uniformly in the border-land, and I seemed to have become janitor to the unseen world. A request would come for me to communicate sad intelligence — that there was no hope of recovery ; or that the remains of some member of a family were unexpectedly about to be brought home. One morn- ing I was sent for to inform a man who had been violently sick for two weeks, that his wife, taken down after him, died a week ago, an event which could not safely be made known sooner. How could tears be restrained on meet- ing a man, during whose absence of a few months his entire family had been buried ! In almost numberless instances the last pastoral visit was made just at the close of a parishioner's life; and good- bys to the departing had, as a general thing, little sad- ness in their tone. Recollection is stored with such cases. In 1869, for example, being sent for with great urgency, I hastened to the bedside of a sick woman. Passages like the twenty-third Psalm and certain words of our Saviour were repeated, as well as the hymn, " Jesus, lover of my soul." She expressed firm trust in him and smiled sweetly 58 ELIOT MEMORIAL. at every mention of his name. After a prayer she asked to be turned in bed, and within less than half an hour ceased to breathe. Another sister in the church, long time a sufferer, exhibited a rare combination of strong desire to depart and complete acquiescence in the divine will. A frequent exclamation of hers was, " I long to go home ! O, I want to be at home with Jesus ! " At the bedside of another who had lived a decidedly Christian life, I repeated, " Rock of Ages, cleft for me," and she accom- panied me in a low concurrent voice. When the stanzas were finished, she whispered, " Nothing, nothing, but the mercy and the merits of Jesus Christ ! " and at once her ^' eyelids closed in death." A deaf-mute member, in a rather dark apartment and on the verge of departure, in- dicated her idea of the brightness of heaven, to which she was bound joyously, by bringing a hand over her eyes as if shading them from the effulgence. Specially memorable was the loft of a rude workshop — without lath or plaster, the rafters covered with soot, not a single object of comfort in sight — where dwelt per- haps the most cheerful saint in Boston. Never did a lisp of complaint or an allusion to surroundings escape from her lips. But climb up there and speak of the Saviour, you would see her sallow face glow at once, and she seemed transfigured. That dreary, smoky apartment became a ves- tibule of heaven. There were cases where the pastor found husband and wife unequally yoked together, the former devoid of PARISH CALLS. 59 sympathy in things religious ; the latter discreet, faithful, prayerful, and able quietly to maintain a controlling influ- ence over the household. The Christian nurture of chil- dren resulted in a sterling character. No instance of desertion or of divorce occurred in the congregation. It was deeply interesting to observe the refining and enno- bling influence of genuine piety, often independent of other sources of culture. Not a few such cases come to mind. I recall one which will serve as a specimen — the sick-room of a Protestant serving-girl from the north of Ireland. She was dependent and friendless, save a sis- ter, who relinquished her own most eligible place of serv- ice that she might minister to her in a long decline. She would moisten the invalid's parched mouth, caring for her in every way tenderly night and day. As the last hour approached, she said to her, " Sister, shall I give you a little water now ? " " No, thank you," was the answer, " I '11 drink no more till I drink at the fountain." John Brown, with his well-ordered family, came from the north of Scotland and occupied a small house, then almost a solitary one, near the Milldam. He sank under a gradual invasion of disease, which baffled the healing art; but at every call I found a beautiful spirit of patience and cheerfulness. His thoughts dwelt a good deal the other side of the ocean and also in that world where is no more sea. Over and over he sang hymns taught him by a godly Highland mother. At last he desired Scotch friends who stood round his bed to sing a favorite one, 6o ELIOT MEMORIAL. which the sainted woman used to sing in his childhood. His own feeble voice at length joined the rest; but with the last word and last note he ceased to breathe. The words were: — "Hark, the glad sound ! The Saviour comes, The Saviour promised long; Let every heart prepare him room, And every voice a song." I think of him as joining at once in the song of Moses, the servant of God, and the song of the Lamb. The funeral service over, the widow and daughter has- tened back to Aberdeen. 2. Extra-Parochial Service. The longer a minister remains in one place, the more is he liable to be called upon for service outside of parish lines. If his sphere of labor is in a populous community, and if he remain at home during the heated term when an annual dispersion of people takes place, he is sure to be called upon for ministrations in behalf of the sick and be- reaved who are strangers. I have repeatedly made a sug- gestion that groups of neighboring ministers enter into an agreement by which, in rotation, one of them shall be at home during the vacation season. Many years ago upon the death of a prominent church officer in Boston, whose house had long been a home for ministers, not a Congre- gational pastor was to be found in the city, and the family EXTRA-PAROCHIAL SERVICE. 6 1 had to scour neighboring towns in search of some one to offer prayer at the funeral. In two instances when I had been already engaged for such service at a specified hour, application has been made from other quarters for the same purpose. In one case the applicant seemed to be so dazed as not to appreciate the impossibility of a man's reduplicating himself and being in two places at the same time. Great embarrassment results not infrequently from the habit of engaging an undertaker and perhaps announc- ing in daily papers the hour of a funeral before a minister is called upon. Time and again came a request from some remote family of which I had never heard, to attend a funeral. It became necessary to hire a carriage for the purpose and no thanks were expressed. This was due doubtless to faulty education, for children sometimes grow up without ever being taught to say, Thank you. Service may be cheerfully rendered, though such omissions cannot fail to be noticed. I have thus come into fuller sympathy with our foreign missionaries, who often fail to receive any token of gratitude for their gratuitous labor. Just fifty-one years ago parents, with two daughters and a son, sailed from Belfast, Ireland. The father and mother died at the quarantine, Quebec. The son Andrew, a lad of fifteen, went to New York to find a brother who had preceded the family four years before. Finding that the brother had come to Boston, Andrew followed. Here he was soon run over by a carriage and taken to a hospi- 62 ELIOT MEMORIAL. tal. No brother being found, he appealed to me. There was no small joy in befriending such an orphan. His gratitude was ample. Utterances painfully suggestive were sometimes heard. A widowed woman spoke of her husband's departure as a translation, though it was understood he had come home intoxicated nearly every day for years, ardent spirits being the occasion of the accident by which he lost his life. The ravages and relics of intemperance in the surround- ing community brought melancholy scenes to light. The older of two sisters married a widowed father, and the younger married his widowed son. The next day after the funeral of a step-daughter of this second wife, the step-mother's sister fell down stairs and remained uncon- scious till her death took place. In obeying the summons from strangers to a marriage service in an alley, dark even at noon-day, and also an urgent request for a call at midnight, I took a policeman with me and found the pre- caution was warranted. Occasions for official association with other denomi- nations were infrequent. I was requested to take part at the funeral of a dear child who had been in our Sunday School, and who belonged to a family some members of which were connected with the Episcopal Church. The rector declined to have any joint participation, and con- ducted the whole service. This occurred more than once. With our Unitarian and Universalist neighbors there were pleasant relations, but not public religious fellowship. In EXTRA-PAROCHIAL SERVICE. 63 private intercourse there was friendliness. Mr. Charles K. Dillaway, for example, an officer in the First Church, a prominent citizen, a former master of the Boston Latin School, was a warm personal friend. His unfailing kind- liness and rare general excellence of character entitled him to that universal esteem which he enjoyed. Not infre- quently he would take a seat with us on the Sabbath. He suggested an exchange of pulpits with the pastor of the Unitarian Church. But that is a matter in which prin- ciple must take precedence of private and neighborhood courtesies. In civic affairs and in philanthropic movements there may be heartiest cooperation ; but the strictly reli- gious sphere is another thing. " As certain also of your own poets have said" — for example, Dr. Priestly — "I do not wonder that you Calvinists entertain and express a strongly unfavorable opinion of us Unitarians. The truth is, there neither can be nor ought to be any compromise between us. If you are right, we are not Christians at all ; and if we are right, you are gross idola- ters." The Rev. Thomas Belsham spoke decidedly, " Opin- ions such as these can no more harmonize with each other than light and darkness, than Christ and Belial. They who hold doctrines so diametrically opposite cannot be worshipers in the same temple." Discourtesies were rare. One of our elderly ladies became acquainted with an aged Unitarian neighbor, and at length proposed that they should engage in Scripture readings and prayer. They began with the New Testa- 64 ELIOT MEMORIAL. ment, and at their third reading in Matthew's Gospel came to the verse, " Whose fan is in his hand, and he will thor- oughly purge his floor and gather the wheat into his gar- ner; but he will burn up the chaff with unquenchable fire." The old lady seemed to be startled and asked to have it read again, observing that she had forgotten that there was such a passage in the Bible. The calls and readings continued till, on her own motion, a request came that I would visit her. On presenting myself and my card at the door, a daughter-in-law of the aged woman de- clined to admit me to the house, remarking, " My mother has a pastor," giving his name with a good deal of em- phasis. Raising my hat, I explained calmly and reiterated the explanation that I called only at the request of her aged mother. Admittance was not secured. Some years later I was sent for in great haste to go to the chamber where a wife and mother was dying. Her Unitarian pastor not being at home could not be found. The family were much agitated. After a few quieting words, I invited all to kneel with me in prayer; but on rising I found the pastor had come and was standing be- hind me. There was embarrassment of course. After interment had taken place, I called to express sympathy. Some little neighborly services on my part were accepted; but by and by the family found it not convenient to recog- nize on the street the one who had been sent for when the wife and mother and whole household were in dis- tress. EXTRA- PAROCHIAL SERVICE. 65 At another time a gentleman in my neighborhood, with whom I had had no acquaintance, asked me to the house to see his wife, who was in the last stages of con- sumption. Learning where he attended worship, I sug- gested that while I should be happy to comply with his request, it might perhaps be considered a breach of comity, and that he and the family might prefer the presence of their own pastor. He replied, " I should as soon think of calling in a dancing-master." My visits were gladly re- ceived though death soon ensued. The most trying case was that where a capable mother who had no sympathy with evangelical religion, and who would not allow me at repeated calls to see a sick daugh- ter except in her own presence. The daughter had been a member of our Sunday School; she was sinking in a fatal decline, and evidently wanted to have me talk on the vital concerns of her soul and of salvation. But the mother sitting by would parry and thwart everything dis- tinctive that I said, and would pervert, according to my view, every plainly pertinent text quoted by me. It hardly need be added that the foregoing were exceptional cases. From another religious denomination came an imploring request for me to conduct the funeral of a child. The pastor of the family had declined the service because scar- let fever occasioned the death. This, too, occurred a second time. 66 ELIOT MEMORIAL. J. Deaths and Funerals. The circumstances under which the announcement of a death was made were sometimes noteworthy. Toward the close of a week-day church meeting I suggested that a prominent member, who was known to be in a distant hospital, should be remembered in the next prayer. Some one spoke at once, " She is dead." A telegram to that effect had been received just as the meeting opened. A hurried note was one day written by a lady, saying, " Mr. Dickinson has been taken suddenly ill." Before opportu- nity occurred to send the note this postscript was added, " Mr. Dickinson died at half-past eleven." Such unlooked-for announcements not unfrequently made the general heart of our community stand still for a moment. The shock would be startling. Mr. John Heath — for many years treasurer of the Eliot Society — who never had occasion to call a physician, fell without a mo- ment's warning and did not become again conscious. March 26, 1897, word passed from neighbor to neighbor, "Mr. Ireson is no more with us." The sickness — it was hardly a sickness — continued only two days. He, too, during seventy-four years had never called a physician. For forty years a member of this church, and thirty-eight years secretary of the Sunday School, he had been a beloved brother in Christ. These two men were noted for the same traits and habits; they were remarkably punctual, faithful, accurate, cheerful. They loved the dis- DEATHS AND FUNERALS. 6f tinctive truths of Christianity; they were blameless in life and prudent in speech. Both were heartily devoted to the Eliot Church. Their modesty was beautiful, and yet extreme; each of them shrank from taking active part, by prayer or remarks, in social religious meetings. Fluency of speech is not the standard of piety. Mr. Richard Bond, well known as an architect, when finishing his morning toilet, sat down and within five min- utes ceased to breathe. Not long after that the senior brother in our church — he was once a member of Dr. Channing's church — having been about, much as usual, during the day, seated himself at evening in an easy chair, turned his head on one side and neither spoke nor moved again. One morning in July, 1894, the word, wholly un- looked for, came, " Capt. Benjamin C. Tinkham passed away last night." Similar was the message concerning Mr. Charles W. Hill: "Swift was his flight, and short the road, — He closed his eyes and woke with God." Mrs. McNee, from Paisley, Scotland, who had been in this country only two months, dropped dead instantly while preparing breakfast. She was but twenty-eight and had the appearance of being perfectly well. The pathetic sometimes mingled with our surprise and moved us deeply. A church member, aged seventy- seven, after attending divine service on the Lord's Day, seemed as well as usual at the breakfast table the next 68 ELIOT MEMORIAL. morning. Shortly after he spoke of feehng ill, and lay down upon a lounge. His wife, daughter, and little grand- daughter were sitting by. This little girl of four summers, who had been to church with him the day before, said, " I'll play meeting now and be minister for grandpa." She made believe read a hymn and then saying, " Now all be still and I'll pray," she kneeled and repeated the Lord's Prayer, adding, " God bless father and mother, grand- father and grandmother." At that moment the old gen- tleman drew a heavy breath which was his last. A lady who had for many years been a most exem- plary Dorcas among us, finished a bedquilt one Saturday for a poor family ; the next day was in her place at church, but Monday morning the sun shone on her benevolent face lying sweetly motionless, pillow and coverlet not the least ruffled. Peculiarly trying conditions sometimes accompanied suddenness. A member of our congregation was riding out with her only child, eight months old, in her arms. The horse shied a little, though without occasioning real danger. Gathering the infant more closely to her, the mother leaned against a lady friend who was driving, and died instantly. The friend had to drive half a mile before finding: a house, to the door of which she could come near enough to call for help without relinquishing hold upon the deceased mother and the living child. Funerals not a few of persons whom I had never seen in life were attended. The very fact of having had no DEATHS AND FUNERALS. 69 acquaintance with the deceased always furnished occasion to speak freely to assembled relatives and neighbors. Re- quests for these extra-parochial services would sometimes come in a peculiar form, as " Can you perform the cere- mony ? " " My father can't work for you today ; he died last night. The funeral, tomorrow afternoon." Meeting a quartette singer, I inquired if Mr. So-and-So was still liv- ing. " No," was the reply, " I sang to his corpse yester- day." The remains of an aged widow were brought to our chapel before interment. Her only son from New York was present. After the reading of Scripture and prayer, I stepped from the platform to speak to him, but he did not raise his head from the back of a settee on which it was resting. I spoke his name in a low tone, and then noticed that he was breathing heavily. As he did not rouse I put my hand upon his shoulder, which also pro- duced no effect. It then flashed upon my mind that being a man of known bad habits he must be in the stupor of intoxication. It became very noticeable that for a series of years there should be a service awaiting me on my return from the four-weeks' outing. Coming home after the August vacation of i860 I found a gentleman waiting at the depot to take me to a funeral before going to my own house. There were times when frequency characterized these occasions. I recall a week in 1861 which was peculiarly a week of funerals — two of them occurring on the Sab- bath, two more on Saturday, and one or two on interven- 7© ELIOT MEMORIAL. ing days. Connected with nearly every one of them were circumstances of peculiar trial to relatives. In the course of that same year three funerals took place on a Sabbath, one result of which was an intense nervous headache which required the attendance of a physician for days after. At another time the head beinsf uncovered in an open-air service, the sun shone out suddenly, causing a slight sunstroke which left unpleasant consequences for a considerable period. There were some cases — very few, however — that seemed to preclude an expression of sympathy. Last ser- vices were attended in a house where were the remains of a man who could hold no property on account of a Gov- ernment claim on him. His widow — already for a year deranged, owing to excessive devotion to him in his sick- ness — was left destitute. The property held by her in her own right had been employed in aiding the children of a former wife. Usually, however, the tenderest and deepest emotions were moved. It is not easy, even at this remote day, to speak of those hours in darkened apartments, hours of irrepressible sobbing and sometimes of vehement outcries on the part of mourners. The heart beats quicker at every remembrance of such scenes. Tears still start freely. The first funeral that I attended as a pastor was that of a mother who left ten living children. A few years later came the funeral of another who left twelve living children. Now and then there would be an agonizing wrench of the DEATHS AND FUNERALS. 7 1 sensibilities, as when a homeward-bound East Indiaman was wrecked on Minot's Ledge, and besides twenty of the men one of her young officers, an only son, perished almost within sight of his father's house, where he ex- pected to be in a few hours amidst Thanksgiving-Day joys. So, too, when a maniac killed an only child of one of our families and then took his own life. It would not have been surprising if the pastor's brain had yielded to apoplexy, or if complete heart-failure had ensued. The organ last named gave functional alarms for several years. One of the most eminent pastors in the Commonwealth said to me that he found he must not sympathize too deeply with his people; it would otherwise cost him his life. Well would it have been for me to have given more heed to that suggestion ! Few of the more than seven hundred funeral services were devoid of noticeably trying accompaniments. Such was the draft upon feeling, that almost any occasion of this kind would be followed by greater exhaustion than a service with preaching on the Sabbath. Unhappily the call for such extra duties occurred more frequently on the Lord's Day than any other. The resulting strain had much to do with a repeated break- down of my nervous system. Sometimes, as already inti- mated, day after day, and even week after week, there came a constant succession of scenes and duties that try a pastor's heart. One such in the time of our Civil War will illustrate what is meant. Three deaths occurred in one day; the next day another. Then followed two 72 ELIOT MEMORIAL. funerals in an afternoon, from one of which a brother-in- law of the deceased was called out just as the service be- gan, to go to his father in Boston who died before this son reached the house. Soon after the interment came a similar service in Boston, a young mother having died, and during the service her infant son expired. Dust to dust had hardly been committed when I was called upon to marry a couple, the bride being low with a heart complaint, and three days later came her funeral. At the same time young men, single and married, were enlisting in the army, to each of whom and their friends some special token of pastoral interest seemed to be required. At another period I attended in close succession four funerals in the same house — one mother burying an only child ; another, one of two children ; and a third, both of her sons. The range of ages embraced all periods from a few hours to over a century. The variety of conditions, occu- pations and nationalities was great. Specially suggestive to myself has it been that I should be called upon to conduct or take part in the obsequies of eleven brother ministers, their ages varying from thirty-eight to eighty- four. In general the circumstances of departure were very various. To some it was on the battle-field or in a mili- tary hospital ; for most it was in the sick-room at home, and yet scarcely one without some surprise being awak- ened, either on account of the manner or the time. At DEATHS AND FUNERALS. 73 the Almshouse I attended (1849) the funeral of a mother who died of cholera, as her husband and eldest daughter had died the same week. Orphaned children remained. The extremes of surprise relate to unexpected delay or unexpected suddenness. Rev. William C. Woodbridge was on the invalid list for many years, yet so removed from the public eye that many supposed for quite a while that he had not been among the living when his decease occurred in 1845. ^^s. Sophia Wildes, a rare woman, after six years of confinement to the house, almost on the eightieth anniversary of her birth, heard with gladness the summons, " Come up higher." ' On the other hand, instantaneous death was appointed to Rev. David Greene and Mr. Laban S. Beecher, owing in each case to what is called an accident. More painful circumstances seldom occur. It was impressed upon all that the way to prepare for sudden death is never to be unprepared. Remarks or a sermon at funeral services are much less often expected now than formerly, and much less often in cities than in the country. Still frequently a request comes that some- thing may be said, and an expectation of that is well-nigh invariable in case of a public service. Of these remarks thirty-four were sought for publication. Of late years it has been painful at times to witness the performances of professional quartettes. While no one questions the fitness of appropriate singing on such occa- » A sister of Mrs. Wildes, the widow of Rev. Mr. Bent, was for forty- nine or fifty years an invalid, and debarred from attending public worship. 74 ELIOT MEMORIAL. sions, every person of good taste must take exception to certain pieces sung and especially to the style of music. But a much severer criticism is due to the manners of quartettes, as may occasionally be seen in the house of mourning. They are sometimes, to appearance, utterly oblivious concerning the proprieties of the hour. Whis- pering, conning of notes, nonchalant gazing about go on as if they were hired to exhibit indecorum. Such conduct while the officiating clergyman is reading Scripture or offering remarks, is decidedly discourteous to all ; but carried on while he is offering prayer, it is unpardonably irreverent. </. Marriages. Thanks forever for the family — no human device or discovery ! Home is a divine arrangement, designed by God as an abode of comfort with a sense of repose pecu- liar to itself; where the domestic altar is duly maintained, a sanctuary, a little paradise before the upper Paradise Re- gained. So long as the ark of the covenant was under his roof the house of Obed-Edom prospered. There has been no small sacrifice involved in seeing our jewels borne off one after another; but then, other communities and even other lands have been enriched thereby. And be- sides, we made some reprisals. In this line of service every clergyman who remains many years in the ministry has a variety of experiences, and especially if he lives in a city. The silent joining of MARRIAGES. 75 two deaf-mutes in sacred wedlock, for instance, presents a noteworthy contrast to the lively cheer of an ordinary wedding. One evening while I was engaged in conversa- tion with a man morbidly distressed, thinking that he had sinned away his day of grace, in came a couple to be married. I had to ask him into the parlor as a witness, and the occasion seemed to do him more good than my previous conversation. In two instances I left ecclesias- tical councils to attend a marriage, and then returned to proceedings which issued the one in a pastoral settlement, the other in an ecclesiastical divorce. Whenever wine was furnished on marriage occasions I declined the courtesy. In later years that beverage has ceased to be offered. I declined to re-marry persons divorced for other reasons than what the Scripture sanc- tions. The matter of fees is sometimes one of interest, espe- cially if income from that source is devoted to charity. The first bridegroom — not a Roxbury gentleman — who desired my official aid was a man of property. Some of his friends, thinking the fee must be very handsome, tried, but without success, to get from me the exact sum. After a while the remark was made, " You do not want to tell because it was so large." That taunt brought out the secret of a very meager payment. Among these outsiders was a benedict who put a half dollar on the tip of his fingers and a dollar bill near his wrist, giving me my choice. More than one had come without a pocket-book, j6 ELIOT MEMORIAL. and waiting a while in apparent expectation of an enter- tainment, marched out of the house without so much as a Thank you. The largest sum ever received for such ser- vices, two hundred dollars, came from a warm personal friend, and under unusual circumstances. An infelicity attended one public marriage in our church. When the parties presented themselves I asked for the certificate of marriage. It was excusable in the bridegroom that, having been a foreign missionary far from our country and among the heathen for many years, he had failed to procure the required document. There was a congregation of friends present, and I preferred to run the risk of a heavy fine rather than not proceed at once with an illegal ceremony. The good man hastened from church to the city clerk's office for an ex post facto permit. Of the more than two hundred and fifty marriages, attend- ant peculiarities were, however, almost wholly confined to entire strangers. One couple, coming from out of town, had forgotten, if they ever knew, about the marriage license, and it took the dilatory man nearly all day to procure one. Another couple came to the house of a relative here bringing their pastor, a grave Doctor of Divinity. The elect lady had declared with great em- phasis that no one else should ever marry her. Just as he was about to proceed they discovered that it was con- trary to law, neither party being resident here, and I was sent for in great haste. One rainy evening a carriage drove to my door at nine o'clock. The son of a former MARRIAGES. 77 member of our congregation presented himself with a bride; but in changing his coat, had left the needed cer- tificate at home. So, at least, he said ; and it would be sent to me the next day. A certificate came bearing date of that next day ! Governor Gaston kindly accompanied me to the city clerk's office ; and relatives of the bride came afterwards from a neighboring state to make in- quiries. While the grotesque, the comical, or the fraudulent sometimes pertained to such outsiders, the startling or the sad was occasionally associated with our own friends. In one instance the air of a drawing-room being loaded with the fragrance of flowers, the bride fainted and fell amidst the service. In another, two sisters were married simul- taneously, and not long after came the funeral of one of them. Nor was that a solitary case in which the mar- riage wreath might almost have served also for the casket. In 1868 occurred the funeral of a young woman whose marriage I solemnized six months previously. She was evidently not well at the time. The happy couple started for St. Paul, Minnesota, but stopped at Winona where the bride died. Her marriage dress was her funeral robe. Late in September of another year two were united in sacred bonds till death should part them, and before the end of October the bride was a widow. 7 8 ELIOT MEMORIAL. 5. Contrasts and Coincidences. In all departments of life there are conjunctions that impress one. Every minister probably has occasion to notice such in the course of professional experience. In my own case these have been so frequent and attended by such conflicting emotions of joy and sadness as to imprint themselves indelibly amidst pastoral reminiscences. They were largely connected with sickness and departure, and occurred so often that I seemed to be uniformly vibrating between smiles and tears. An instance here and there, out of many in successive years, will make this plain. Within the first twelve months after ordination I offi- ciated at the marriage of a beautiful and interesting young woman. There was a throng of gaily-attired and joyous guests. Of flowers there was a profusion and the entertainment was sumptuous. The grounds as well as the mansion were illuminated, and the music was inspirit- ing. Hundreds of hearts beat happily that June evening. Less than six months later came a funeral at twilight, the ground covered with snow, a handful of the same friends present, all dressed in black, perfect silence reigning. In the same drawing-room and on the same spot where the bride had stood were now placed her lifeless remains. In 1846 young Atkinson, in exuberant health and full of hilarity, went with the Sunday School of another denomination on a picnic one bright morning and was CONTRASTS AND COINCIDENCES. 79 drowned. His remains were brought home at midnight. At break of day I was sent for to offer prayer at the darkened house. Interment was to take place at a dis- tance. September 25, 1847, I went to the funeral of John A. Parker, aged 21. On entering the house I found two caskets instead of one, the grandmother having died the day before. The house recently so cheerful was now utterly desolate; all the three occupants belonging to as many generations were deposited in the same tomb the same month. A man whom I had never seen, and who had him- self never seen the inside of our church, called to say that his brother was very low with typhoid fever, his brain being affected. It was stated that he had given no evi- dence of being a Christian. The brother begged me to speak to the delirious man in a " consoling " way. I has- tened to the house, which had shortly before been vacated by another family. A sad close of life came soon ; but I found it was in the same room where a little while pre- vious I had witnessed the departure of a woman whose end was perfect trust and perfect peace. In the Spring of 1856 I called on an aged and very sick woman, sup- posed to be dying, and whose chief fear was lest she should recover. She had long been an eminent Christian and a sufferer. There was occasion to labor with her to be resigned to live, if that were the will of the Lord. From her room I went to a house of sickness in Boston, 8o ELIOT MEMORIAL. and saw a beautiful boy expire, the son of young parish- ioners whom I married a few years previously, and who seemed to find it impossible to be reconciled to their loss. Only a fortnight before that I attended a large and expen- sive party beneath the same roof. Thence I went to a wedding the same day as that of the death. It was at a later date that two brothers, men of mature years, died in the same house sumptuously fur- nished, where skilled nursing and the most skillful physi- cians were in attendance. One of the two brothers came to his end after a brief sickness, resulting from excess on a festive occasion. There was opportunity for only a single visit to him. " Can you not look penitently and trustingly to our Heavenly Father," I said, "and implore forgiveness ? " "I fear not," was his reply ; and the power of utterance soon ceased. The surviving brother was long confined to his room, and at length to his bed. Though a consistent church member, he was constitutionally reti- cent and undemonstrative. Some would have pronounced him frigid. But as disease progressed he softened, and finally talked freely of his religious experience. One day as I sat close to his pillow, he drew my face down to his and kissed me. It was the first time in my life that any man gave me that token, and from no other member of the congregation would it have been more surprising. In these circumstances there was nothing remarkable perhaps, but a sudden change from one deep emotion to another produces an exhausting revulsion. Extreme and CONTRASTS AND COINCIDENCES. 8l unanticipated joy or sorrow sometimes occasions death. It is very pleasing to sing about " The soul's calm sun- shine and the heartfelt joy," and it is perfectly easy to recommend self-control, but less easy to exercise it, espe- cially when the nervous system is highly sensitive. For many persons absence of the startling is necessary to presence of mind. The foregoing instances of contrast present coincidences also, as among the latter there is more or less of contrast. It is an occasion of grateful remembrance that the congregation was uniformly and noticeably attentive. This afforded not a little encouragement. From the first onward, I never saw but two persons in the audience sleeping. One of them, laboring under an infirmity which made it almost impossible to resist drowsiness, told me that he would sometimes thrust a pin into his own flesh to keep himself awake, though unsuccessfully, but that one Sunday he observed the head of the other sleeper thrown back over the top of a pew, his enormous mouth wide open. The shock was such as to cure himself of drowsiness. One other case was reported to me by a friend some time after it occurred. A man who occu- pied a pew near my informant said to him on their way from church : " Mr. Thompson did n't preach this after- noon." " O yes ; he preached as usual." " But he did n't take any text; I wonder if he isn't well." "I did not notice any appearance of illness." " It seems singular that they should only sing a couple of hymns." The fact was, 82 ELIOT MEMORIAL. as my wakeful friend had noticed, the man dropped soundly asleep in the course of the first singing and waked up during the last. Closed eyes are not always proof of drowsiness, but it naturally awakens suspicion. Owing to the weakness of that organ since 1854, I have uniformly shut my eyes while listening to sermons, and yet have not consciously fallen asleep during divine service. Speaking of this to Mr. Charles Stoddard, a native of Northampton, he told me that Governor Strong was supposed to be in the habit of sleeping at meeting. A spinster, something of a busy- body, noticing that he covered his eyes during the ser- mon, called one Monday and lectured him on the subject. He asked quietly, " Were you at meeting yesterday morn- ing ? " " O yes." " And what was the text ? " " Really it has escaped me." " Perhaps you will give me an outline of the discourse." The good woman confessed she could not. The same questions and answers passed regarding the afternoon sermon also. Governor Strong then gave her each text and a full analysis of the sermon, adding that for many years he had suffered from weak eyes which obliged him to protect them from the light. Family surprises were sometimes revealed. A young man starting for Sunday School fell and broke his knee- pan. He nearly perished with cold before relief came. A good lady ran and apprised his father of the accident, but was so agitated as not to give the name distinctly. The father remarked that he was not much of a nurse CONTRASTS AND COINCIDENCES. 83 himself and regretted that his son, a strong young man, should have just left the house. Putting on his overcoat rather deliberately, he went over in a neighborly way and found that the sufferer was that very son. Certain other incidents belong to the ample category of simultaneous bereavement. On the same day in August, 1862, that the telegraph brought word of the death of a member of my family, a gentleman and his sister called to announce the death of their father, and almost imme- diately I fulfilled a preengagement to marry a couple. The translation of a Christian may be more joyous than any wedding march. At Newton Centre I attended the funeral of a former member of our church. For five years she had not been able to go to the house of God. When the doctor announced the near approach of death, she said to her sister, " Have you heard the good news ? " "No; what is it?" "I'm going home." Just as she was sitting down at the marriage supper of the Lamb I hastened back to attend a marriage service in our church, and thence to one at my house. Two brides that day went away from home. One of two widowed sisters, whose husbands died at nearly the same time, returning from Kansas, whither she had removed, called to say that her only son, aged twenty-one, died of injuries by an ac- cident and that the only son of her sister was almost at the same time killed on the Fitchburg Railroad. Under one roof in 1859 were the two widowed sis- ters of Dr. N. S. Prentiss, one aged seventy-two, the 84 ELIOT MEMORIAL. other eighty-five. The older sister had been deaf from childhood, and now while lying beside Mrs. Weare, whose tender care she had enjoyed for half a century, she fell quietly asleep never to wake again in this world. Her noble-hearted sister, being told what had occurred, said, " My work is done ; I shall soon follow," and in less than twenty-four hours she, too, fell asleep in Jesus. The funeral service and interment of the two took place at the same time. In three instances I found unexpectedly two caskets instead of one. The last was at Newton Centre, where friends assembled, thinking to look for the last time only on the face of Mrs. Albert Bowker. But side by side with her casket was that of her husband. In death they were not divided, and there was companionship in burial as well. Neither of them, it should be said, had any con- nection with the Eliot Church. The coincidence though striking, has conspicuous parallels. Some years since, the Rev. Dr. Milledollar of New York died at a good old age ; the next day his wife also, and they were buried in the same grave. Crossing the Atlantic, we find that the Rev. George Burder and his wife were interred the same afternoon. Yet earlier, a relative of Lady Sutherland hastened to Bath to attend the funeral of Lord Suther- land, but found two hearses at the door, one of them for her ladyship. I remember with o-reat distinctness the first call which Mrs. Bowker made on me one-third of a century ago. CONTRASTS AND COINCIDENCES. 85 She came to confer in regard to a Woman's Board of Foreign Missions. It was the presence of a superior woman revolving a noble theme, a theme growing into grandeur. She was becoming transfigured by it. Not a word of conceit or of self-seeking in any form dropped from her lips. She brought with her a most evident im- press from the mercy-seat. It was that elevation tem- pered with meekness, which can be had only by the Holy Spirit's illuminating and energizing presence. Mrs. Bow- ker was moved to organize the womanly sympathies and energies of Christian hearts in behalf of those w4iom Satan hath bound, lo, these eighteen hundred years. For a quarter of a century she labored indefatigably in their behalf. Thousands of heathen women have been ele- vated, hundreds of heathen homes ameliorated. Bowker Hall of the Mission School at Bombay, and Bowker Hall of the College for Girls at Scutari, on the Bosphorus, are her fitting monuments. Another class of coincidences come to mind. Out of a considerable number a few will serve to illustrate. One morning in 1859 the German Methodist minister of this city called, desiring aid for his church which was in debt. I was then unable to render assistance. Toward evening a minister from Litchfield, Connecticut, presented himself. In my boyhood he was a teacher in my native place. He was now aged and in poor health. I had just returned from making five calls, at no one of which was the subject of giving mentioned. On retiring from the 86 ELIOT MEMORIAL. last house visited, the good lady placed in my hand a bank-note of no small denomination. It was evidently designed by Providence to be divided between the two clerical callers of that day. At a certain juncture it be- came a question with me whether, owing to an inevitable increase of expenses, I was not called upon to diminish my subscriptions to benevolent objects. I could not per- suade myself to retrench in that direction. Almost imme- diately there was disclosed a small mine which accrued to my benefit. Again, in 1856, I was very desirous, after returning from a visit to missions in India, of doubling the amount previously given to the American Board. Within three weeks and before the time for payment, a good woman connected with another church and entirely unacquainted with the circumstances, handed me the exact amount for my private use. The next year, while there was for some days a similar hesitation as to the duty of giving, the same lady asked for my written opinion regard- ing spiritism. When that was communicated, she sent me a check for one hundred dollars. Just before the time to subscribe to foreign missions, in 1859, this generous friend died, and on her death-bed had directed her executor to hand me two hundred dollars, which amount was most opportune. 6. Peculiar Persons and Proceedings. A Tamil proverb asks, "Are all stones rubies } " The pastor may expect to find some paste pearls in his congre- PECULIAR PERSONS. Sj gation. Every city pastor at least will have experience with cranks and impostors. In country villages and towns there are few dark courts or dark corners. In our cities there are resorts underground or shaded by high build- ings where the sun's rays never, and the police seldom, penetrate. If churches were gathered on a strictly elec- tive affinity basis, diversities would soon be developed. In the Eliot Church there was such a predominance of stable, sensible men and women, that occasional obliqui- ties created no serious disturbance. They called forth no remark ; silent pity and sometimes a little sanctified amuse- ment followed. In the course of thirty years there was a succession of exceptional members — usually but one or two at a time — whose peculiarities were no doubt needed to help on the perseverance of saints. One good man abounded in devices. He would bring forward this proposal and that proposal, yet scarcely ever showing good judgment, or securing concurrence. The only way was to practice a discreet disregard ; to listen courteously and then by a wholesome evasion of direct antagonism keep on in the path of common sense. He always took it kindly. Another man had a genius for obstruction. Let almost anything in the way of change be suggested with two good reasons, and his fertile con- servatism would conjure up three objections. This habit was so well understood as by reaction to help almost any wise measure. The ideal of self-satisfaction was embodied in a mem- 88 ELIOT MEMORIAL. ber of another church, who worshiped with us for a time. He was effusively ready to aid in all religious meetings. He kept on such excellent terms with himself that no hint could disturb the equanimity with which he poured forth the treasures of limitless talk. The uncharitable thought would sometimes creep into the minds of listeners that there was a little parade of Christian activity. In a street-car, crowded with gentlemen returning home bur- dened with the fatigue of the day, he happened at one time to be sitting next to me. Taking out a package of tracts he remarked, " We laymen must be on the alert to do good," and passed around, distributing to all who would receive. Two or three of the leaflets were put into pockets ; some went on to the floor and under the boots, while some went out of the windows. Louis, second son of Charles V of France, founded an order called, " The Order of the Porcupine." One of our number appeared to have been initiated. Quills were always ready to fly. A most uncomfortable habit of petu- lance had been cultivated till it seemed as if neither any- body nor anything could please. There was more than one prominent and worthy member of the church who might rise to offer prayer or offer remarks, and this brother would at once leave the chapel till the member sat down. There was no lemon to which he would not add a little acid. Fraternal labor with the malcontent seemed to be of no use, and at length he was let severely alone. If there is any nuisance greater than such an PECULIAR PERSONS. 89 affrontable man, it is the man who has a supreme knack at misunderstanding coupled with a persistent inabihty to accept explanations. Dr. Chalmers relates ' that a Pro- fessor at St. Andrews said to his students, " Gentlemen, there are just two things that never change. These are the fixed stars and the Scotch lairds." There is also a third small class. Among the hundreds in our fellow- ship there was one, and never but one such. His coun- tenance was a mirror to the disposition. As he went out from the store of an acquaintance a customer re- marked, " That face is a libel on Christianity." A city church is liable to the incursion of ecclesias- tical Bedouin, men wandering about and attaching them- selves nowhere. Among the transient there was a some- what pretentious family, who came from a remote part of the country. The father and husband was reported to be a judge. Our Sunday School needed a superintendent, and the inquiry went round, is not Judge Blank the man? All of a sudden the family were missing. No one knew where they had gone. It became evident that the man was indeed a judge of good living at the expense of others, for livery-stable men, marketmen and grocers found that heavy bills remained unpaid. This leads to a notice of one form of a pastor's ex- tra-parochial experience. The better informed impostors seem to understand that ministers are particularly fair game. Professional training is usually conducted under ^ Life of Dr. Thofnas Guthrie, I, 54. 9° ELIOT MEMORIAL. circumstances not suited to make them acquainted per- sonally with the ways of unprincipled men. Their very position seems to invite the wiles of accomplished knav- ery. One of the more common types is the footsore pedestrian, who professes to have been robbed or to have lost his portemonnaie, and desires to reach a given place as soon as possible. He has been summoned on account of the sickness of a mother, or perhaps a brother is at the point of death. The fare is only a dollar or two and will be returned promptly by mail. Not less than nine such have applied under a variety of pleas, often upon the alleged recommendation of Mr. So-and-So, who spoke of my great kindness and readiness to help the unfortu- nate. Particularly well do I remember a smooth-faced, precocious rogue, who called of a morning and asked for aid to get to Kenyon College, Ohio. He produced a forged letter of commendation over the name of a pro- fessor in Union College, stating that this was a "young man of great promise, indeed a genius." He evidently was a genius on one line. The evening paper of that day reported him as in the hands of the police for obtaining goods under false pretenses. Undeserving beggars when bafHed would sometimes pour out vials of wrathful reproach on the ministry. A female who came in, fawning and flattering unsuccessfully, left an odor of brandy that lasted longer than her free lecture to me on Christian charity. Then there was the tribe of aristocratic peddlers. A gentleman particularly PECULIAR PERSONS. well-dressed was announced as Mr. Harris in the parlor. Thinking it might be Dr. Harris of England, I left a sen- tence of my sermon unfinished and on reaching the par- lor received a hearty shake of the hand. " Dr. Thompson, can't I sell you a few cigars ? I have extra fine Havanas which I myself brought from Cuba. I supply the clergy almost exclusively. Dr. Putnam took a quantity and thought you might like to buy." I had understood that Rev. Dr. Putnam did not smoke. Besides never having had but one cigar in my mouth, and that for only two minutes in boyhood, I was not prepared to invest. The distinguished gentleman retired. At another time a card was sent up. A man portly and dignified enough for an alderman, cane in hand, stated that he called in behalf of his wealthy friend, Mr. Robinson of Brooklyn, New York. Mr. Robinson, a retired merchant, was about removing to Boston or vicinity, and having a family of children, would locate where the best schools were found. I was able to make very satisfactory representations regarding our schools, public and private. The gentleman thought his friend, Mr. Robinson, would undoubtedly locate here, and would of course attend the Eliot Church. Thanks were courteously expressed. On rising to retire, " By the way, I have called at the wholesale stationery establishments with a superior article of gold pens. I have only one box remaining. I always discount largely to ministers. I am just returning to New York, and if you would like this, you can have it for five dollars." I happened to be sup- 92 ELIOT MEMORIAL. plied and did not care to buy even in consideration of a rich prospective parishioner. It afterwards appeared, from similar calls on our pastors, that Mr. Robinson was ready- to join nearly all the Boston churches. Such are a few specimens of numerous peculiar classes of men and women who resort to their wits for a livelihood and who prey upon the clergy. The circumstances give little opportu- nity for attempts to do them good. The wandering troubadour is a nuisance still, as some- times in the thirteenth century. There comes to mind a peripatetic poet — he called himself a poet — who in- sisted on reading a Christmas poem more than fifty years ago. I tried to excuse myself from the pleasure of listen- ing to his performances, being in the midst of urgent pul- pit preparations, but to no purpose. Sit he would, and with provoking deliberation read foolscap page after page, spoiling the greater part of a forenoon. Not one line of genuine poetry did he get off; and all the compliments he got were before the rehearsal. But there is another class that occasion pain. It is no unusual thing for strangers laboring under some hallu- cination to present themselves. As often as once in six months for two or more years a man from out of town called on me, whose morbid conscience allowed him no rest and to whom plain common-sense suggestions brought no abiding relief. In other cases it might be a chimerical scheme for securing wealth, or for remedying a public abuse. Some fantastic notion would soon reveal a marred PECULIAR PERSONS. 93 intellect, and there are gradations from a simple in- firmity of judgment down to the farthest stretch of absurd- ity. Reasoning with them was of no avail ; kindness will not cure. The disordered visionar}^ is a candidate for the lunatic asylum; but it is no part of a minister's business to pronounce upon cerebral disease. His sympathies, how- ever, will be painfully stirred. Letters came to me, from which the following are extracts : " God has set me up as a perfect moral example in all respects to all men on earth "; " Note every word I say as coming from God himself " ; " As a true ambassador of Christ, and by the grace and wisdom of God, I declare to all men that dam- nation rests upon every soul that gives money to the poor, or to the missionary, however he professes the name of Christ, or gives money to the Bible cause." At one period there was a wanderer who would go into the prayer-meetings of our Roxbury churches, seldom more than twice in immediate succession. He was weak, ignorant, conceited and fanatical, claiming to have direct communication from God and also power to work miracles. If ever ranged, he was then undoubtedly deranged. As soon as opportunity offered, he would rise and either talk or pray indefinitely and incoherently. Two of our devo- tional gatherings had thus been spoiled. Upon his third appearance I took occasion to occupy the entire hour my- self, and the pitiable rover never put in an appearance again. There are two classes of vagrants, neither of which 94 ELIOT MEMORIAL. can be suspected of insanity or idiocy, that will bear pretty careful scrutiny, the boastfully philanthropic and the volubly pious. Specimens of each present them- selves not infrequently. The case of some church or in- stitution — it may be at the extreme south or on mission- ary ground — for which personal sacrifices are alleged to have been made, will be pleaded. Perhaps a mortgage is about to be foreclosed. Adequate vouchers are wanting, or if produced, suggest forgery. Thirty years ago a man, announcing himself as the Rev. Mr. , solicited funds in this neighborhood in aid of an orphan asylum for chil- dren of loyal citizens at Osceola, Alabama, if I remember rightly. Upon inquiry, it appeared that no such man was known there, nor any such institution ; that of the three trustees whose names he gave, two died ten years before, while the other had never been heard of. Some years later a richly-dressed woman, hailing from Savannah, Georgia, drove to my door in a handsome carriage. She was importuning for funds to buy herself a house, under the plea that she befriended Union prisoners at Ander- sonville. An individual professing to belong to a church, a Congregational church in a neighboring state, called a second time, after an interval of two or more years, with the same story about his prayers and his Christian hope- fulness. He seemed to have forgotten that he had ever been to my house before. I wrote to the pastor of the distant church and promptly received the following reply : PECULIAR PERSONS. 95 " There was formerly a man connected with our church by the name of . He was dropped from our roll for non-attendance and general neglect of covenant obligations. I think he is a thriftless fellow." It is better to be imposed upon occasionally than to have one's kind feelings and habit of helping the needy absolutely checked ; but caution is as much a duty as beneficence. The presumption is not always in favor of roving mendicants. That generation, ingenious and bold, seems not to be dying out. CHAPTER VIII. CHURCH FUNCTIONS. /. Sacramental Services. Hallowed as are these seasons, and deeply as they are enjoyed on alternate months through the year, not a great deal need be said of them. The sacred supper is too profoundly yet plainly significant to be much talked about. For adoration and gratitude there will indeed be endless scope. No other event, from creation to the final conflagration, can compare with the death of Christ. That was something more and other than martyrdom, something else than an event in the natural course of things, a result of mere development. It was specially designed by infinite wisdom ; it was the provision of in- finite love, indispensable to the salvation of sinners. Christ came " to save that which was lost ; " and " With- out shedding of blood is no remission." The bleat of sacrificial innocence had for thousands of years prefig- ured this offering of the Lamb of God. No mortal ear before or since ever caught so weighty an utterance as " It is finished." Atonement was then accomplished. The most blameless being on earth was the greatest suf- ferer earth ever saw, and not one pang was deserved by him. All was for guilty men. By his own free choice the scourging fell on him instead of us. Here is the CHURCH FUNCTIONS. 97 crowning miracle of all duration ; here the basis of for- giveness; here the heart of the Gospel. Holy, harmless, undefiled, separate from sinners, he put himself in the place of sinners. Christ's body was broken, his " precious blood " " shed for the remission of sins." The only alternative now is pardon and life eternal through Christ, or else sinners unforgiven and unsanctified ; it is Calvary or the other side of the impassable gulf. " He that believeth on the Son hath everlasting life ; and he that believeth not the Son shall not see life ; but the wrath of God abideth on him." So saith the faithful and true Witness. If I believe him I must believe on him. We have " Peace through the blood of his cross " alone. The rending of rocks was not so wonderful as the broken heart of the crucified thief and the assurance to him of salvation that very day. The cry " I thirst," signified there need be no vain cry for a drop of water to cool the tongue of any one "tormented in this flame." Sacred raptures swell the heart while contemplating the supreme fact of the atoning sacrifice, its infinitely mo- mentous result of heaven and earth reconciled ; God's love of man and his abhorrence of sin set forth; the beauty of transcendent grace and the glory of divine justice com- bined in unutterable splendor on the cross. In symbols of utmost simplicity we " Behold the Lamb of God that taketh away the sin of the world," standing out distinctly before the eye of faith. Was there not unsurpassed moral sublimity when our Lord, " The same night in which he 98 ELIOT MEMORIAL. was betrayed," breaking the bread and taking the cup, " gave thanks ? " Was he not aware of his vast resources of suffering ? Could he not foresee how all waves and bil- lows would soon go over him ? Yet he gave thanks. What a eucharist then should this ordinance be for ran- somed sinners ! And never has such joy unspeakable and full of glory been experienced as when believers sit at the table of sacramental fellowship. If there is any service from which all sense of hurry and all irrelevant thoughts should be banished, it is this memorial of boundless divine love. In order to secure perfect quietness and appropriate concentration of thought, our church transferred the obser- vance to the after part of Lord's Day, devoting the entire time to this and the companion ordinance. The enjoyments of those seasons were usually heightened by new accessions of communicants. Only a few of the eight-score such seasons passed without a wel- come to some who joined our ranks from other churches, or else on their first public confession of faith. In one instance there were a little over thirty, more than half of whom belonged to the latter class, and in another instance nearly fifty, all but ten of them recent converts. On the occasion of a young lady coming forward quite alone to confess Christ, I simply said, " Is there but one to enjoy this privilege? " and that was blessed to the conversion of a companion of hers. At another time, as I was pro- nouncing the Master's words, " Ye do show the Lord's death till he come," an officer of the church whispered in CHURCH FUNCTIONS. 99 my ear, " Mrs. Blank is dying." The Master had come and was calling for her. She was about to drink the fruit of the vine with Him new in the Father's kingdom. In the reading of the Articles of Faith and the Cov- enant there did not seem to be all of heartiness that the occasion required. Hence was introduced the custom of giving a right-hand of fellowship in behalf of the church to each new member at the time of public recognition, together with a verse of Scripture and a few words of welcome. In case a large number were received a collec- tive greeting was given, some one as a representative of the whole receiving the right-hand.' The baptism of children usually took place at the same hour with the commemorative supper. When par- ents present children for the sealing ordinance their minds are naturally occupied more or less with outward care of the little folks. Hence an exposition of the rite, which is read publicly at the time, may well be privately pon- dered beforehand. A copy of the following was season- ably handed them : — BAPTISMAL SERVICE. The rite now to be administered is no human invention, but is a divine ordinance. Baptism is a SIGN. It signifies that salvation is from God, into whose triune name as the One purposing, procuring, and applying re- ' When this was mentioned at the Monday Meeting of Pastors, several of them said they should adopt the practice. lOO ELIOT MEMORIAL. demption, our offspring are baptized. It suggests that the adopting favor of God comes through " sprinkling of the blood of Jesus Christ." Herein is a SEAL. An agreement between the believing parent and the God of Abraham in behalf of the child is thus ratified. Trusting the Word of him who keepeth covenant and showeth mercy, the parent engages to train the child " in the nurture and admonition of the Lord." He whose Word cannot be broken promises, " I will be a God unto thee and to thy stied after thee." In the presence of witnesses sacramental water seals this compact. Herein are BENEFITS. The ordinance secures to the child a recognized place in the devout interest of the church. It gives dis- tinctness to the highest of parental duties and privileges. It is a testi- mony to the covenanted faithfulness of our God. " The mercy of the Lord is from everlasting to everlasting upon them that fear Him, and His righteousness unto children's children to such as keep His covenant, and to those that remember His commandments to do them." " For the promise is unto you and to your children, and to all that are afar off, even as many as the Lord our God shall call." " And if ye be Christ's, then are ye Abraham's seed and heirs according to the promise." " Jesus called them unto Him and said : ' Suffer little children to come unto Me, and forbid them not, for of such is the kingdom of God.' " 2. Church Prayer Meeting. A threadbare repetition of the remark that man is a social being goes on. But the Christian man's experience and new relations demand a fellowship as peculiar as his changed moral position. The clique, the league, the club do not meet the case. There is needed something else CHURCH FUNCTIONS. than conviviality, something more than mere neighborly- gathering together. Nothing short of a hallowed soiree will meet the case, where a genuine, fraternal feeling pre- vails, where no selfish aim is entertained, where mutual confidence exists, where the unseen loving cup goes round, where the service of song lifts the soul well up toward heaven. All is in the name of Christ. Every one feels that he is where a blessed joint-stock exists ; that here he is in the bosom of a family, the relationship of which is more intimate and more saintly than what blood in any degree of kinship can give. Is any absentee sick or be- reaved ? There is a tender and devout remembrance of such. The church prayer meeting is a school of culture, the like of which can be found nowhere except in the presence and under the guidance of the Great Master. Its need and benefits are now widely admitted. As a method of church fellowship it ranks next to the sacramental sup- per. It is a normal school of Christian communion, where the social element, hallowed and beautified by common thanksgiving, praise and intercession, has free exercise. If in the laws of Moses there is no requirement, there is also no prohibition of such gatherings. It is a significant fact that the present dispensation, the dispensation of the Holy Spirit, the dispensation of freedom, of stimulus for diffusion, should open with the longest prayer meeting on record. The early Christians maintained the usage in private houses, by a river-side, or wherever convenience and safety might suggest. This practice continued as I02 ELIOT MEMORIAL. long as a fair measure of purity and spirituality con- tinued. " We come," says Turtullian in the second cen- tury, " by troops to make our prayers to God ; that being banded, as it were, together, we may with a strong hand sue to him for his favor. This violence is grateful unto God." For substance Ambrose in the fourth century has the same : " Many of the meanest being gathered together unanimously become great. It is impossible that the prayers of many should be contemned." During the spiritual decline which accompanied the introduction of Unitarianism into Eastern Massachusetts the prayer meeting waned sensibly. Laymen took no part. Those members of the Old South Church, Bos- ton, who were preparing to establish Park Street Church, did not deem it proper that any of their number should lead in their devotions. At private gatherings they either omitted audible prayer wholly, or else requested Dr. Eckley to officiate.' When the late Dr. Storrs was settled in Braintree he found that social prayer meetings had long fallen into disuse. It was six months before he could per- suade a layman to offer prayer or say a word at such con- ferences.^ Dr. William Goodell says regarding Temple- ton, that the pastor, Mr. Sparhawk, considered prayer meet- ings and revivals as pure innovations. Although his dea- cons were exemplary men, no one of them ever opened ' Congregational Quarterly. October, i860. ' Professor Park's Sermon at the Funeral of Dr. Storrs. CHURCH FUNCTIONS. IO3 his lips in public prayer or exhortation. The people nat- urally slid down into Unitarianism.' The Eliot Church was the offspring of prayer. Weekly gatherings for conference and supplication were held be- fore the calling of an ecclesiastical council, and have since been maintained without interruption. In the midst of mid-winter storms the attendance has sometimes been small, but the service all the more free and enjoyable. At such times we have formed a hollow square of settees, and all gathered close together occupying a space less than half of an average parlor. The service would easily take a conversational form, and personal experiences would come to the front, though with due reserve. Such house- hold freedom suggests thanksgiving rather than complain- ing about storm and cold. At one meeting of that kind was a little boy nine years old, who came with his father. He rose and without hesitation offered the Lord's Prayer very appropriately. His Sunday School teacher, a man forty years of age, and four years a church member, always declined taking an active part in social meetings. The larger attendance would modify but not suppress individual liberty. Perfection of method is not easily at- tained. Sometimes there is preaching in prayer, some- times prolixity. The power of condensation seems not to be a general gift. Nor is directness and ability to keep to a specified topic. This is by no means peculiar to laymen. At annual meetings of the American Board I have re- * Forty Years in the Turkish Empire. 16. I04 ELIOT MEMORIAL. peatedly noticed that when some paper had been read, or when in some other way an important subject had been introduced, a minister would be called upon to offer prayer and yet fail entirely to touch the particular theme then before the assembly. A narrow, uniform, stereotyped round of supplication betrays a sad devotional poverty. Bishop Simson said to a friend with whom he was returning from a religious service, " That was a beautiful prayer we heard." " Yes," replied his friend, " it was so, but I have heard it for the last twenty years." ' The Eliot Church has happily never fallen into the ambitious habit of getting the largest number possible to take active part in any given service. The gallop is hardly the appropriate gait on such an occasion. A meeting may be called spirited and yet be barren of spiritual influence. With a view to promoting individual and collective benefit I prepared (1858), and from time to time distributed, a leaflet entitled " Our Prayer Meeting." ^ It evidently ^ How to Conduct Prayer Meetings. 87. 2 OUR PRAYER MEETING. I. I purpose to be there regularly and punctually. " Not forsaking the assembling of ourselves together." II. I will endeavor to draw others to the meeting. " Come thou with us, and we will do thee good." III. Before entering the place of prayer I will ask the Saviour's presence. " We would see Jesus." IV. I will not, unless it is necessary, occupy a back seat. " How pleasant it is for brethren to dwell together in unity." CHURCH FUNCTIONS. I05 proved helpful. Either with or without permission, and either with or without additions, it has been revised by individuals and publishing societies in this country, as well as in England and Australia, besides being trans- lated into Marathi. Mr. H. E. Simmons, then of Boston, told me in 1869 that he had already sold 34,000 copies. In every brotherhood, of any considerable age and size, there will perhaps be found here and there one who is never seen at a devotional gathering; but let there come before the body a case of discipline, or the dismission of a pastor, and such men are on hand. They are not likely to be called upon to pray, and their sympathies for an offending brother are sure to be as pronounced as their prejudice against the minister. I was once talking with V. I will not so seat myself as to hinder others from occupying the same settee with me. " Be courteous." VI. I will refrain from fault-finding, and will not indulge a criticis- ing spirit. " Be ye kindly affectioned one to another." VII. I will not expressly dissent from one who has spoken, and will avoid giving the impression of variance of feeling. " That they may be made perfect in one." VIII. So far as is consistent, I will assist actively in the exercises, by testifying to the love of Christ, by exhortation, by a passage of Scripture, a hymn, a stanza, or otherwise. " Let the word of Christ dwell in you richly in all wisdom, teaching and admonishing one another in psalms, and hymns, and spiritual songs." IX. I will not decline to lead in prayer, and in offering prayer will begin with the subject in hand, and in aid of what has just been said. " Ye also helping together by prayer for us." X. If I offer the first prayer, it shall be chiefly an invocation, ask ing the Saviour's special presence and aid. " For without me ye can do nothing." lo6 ELIOT MEMORIAL. a neighboring pastor of long experience, who had had occasion to notice this circumstance, and who remarked, " Thou makest darkness, and it is night, wherein all beasts of the forest do creep forth." Needless absence from the stated meeting may always be assumed to involve loss. Did Thomas ever cease while life lasted, to lament his not being present when fellow dis- ciples first met their risen Lord ? Whoever may fail, the Lord does not. Was the indefatigable Felix Neff amidst the snows of the high Alps wholly mistaken ? " I am con- firmed in the opinion," said he, " that whosoever, even were he an angel, should neglect such meetings, under any pretext whatever, is very little to be depended on, and cannot be reckoned among the sheep of Christ's fold." XI. My prayers or remarks shall not be long. " For God is in heaven, and thou upon earth ; therefore let thy words be few." XII. I will not seem to harangue nor teach in prayer, as though I were thinking of man more than of God. ■' We speak before God in Christ." XIII. I will not speak merely to fill a vacancy, but will rather offer prayer during pauses in the meeting. " That thy benefit should not be as it were of necessity, but willingly." XIV. I will not needlessly expose any want of faith, or other dis- couragements. " Who is fearful and faint-hearted, let him return." XV. I will cultivate enlargement of faith and desires. " Let us therefore come boldly unto the throne of grace." XVI. On leaving the place I will endeavor to maintain a devout frame of mind. " Continue in prayer." XVII. I will also endeavor to use all means suited to secure the bless- ings for which I have prayed. " Faith, without works, is dead also." CHURCH FUNCTIONS. 107 In attending by invitation the one hundred and fiftieth anniversary of the church at Pomphret, Conn., I was much impressed by a remark of Governor Buckingham of that state. After the chief services of the day he was urged to remain to a reception and reunion in the evening. " I must return to Norwich," he repHed, " to attend the prayer meeting of our church." As a general thing the Eliot Church maintained a good attendance at its week-day meeting. It was no un- usual thing for business men to stop at the chapel on the way from Boston at evening in order to enjoy the devo- tional hour before going home to the principal meal of the day. " They continued steadfastly in the apostle's doc- trine and fellowship and in prayers." Never was the dread- ful sentence heard, " Sleep on now." Often was the testi- mony heard, " It is good for us to be here." Many a memorial stone was set up at our Mizpeh, inscribed, " Hith- erto hath the Lord helped us." Earnest specific intercession was encouraged, and results such as the following not infrequently came to light. In 1866 I met with a lady who had been very gay, but who joined our congregation and not long after adopted an entirely new mode of life. Calling on her mother, a Christian woman — they did not live together — I found that for two weeks she had been praying for that daugh- ter, with such a burden upon her heart as to deprive her of rest at night. At length she became composed, resolv- ing to leave the case with God. The same day the daugh- Io8 ELIOT MEMORIAL. ter announced her conversion. Manifest spiritual quicken- ing was enjoyed, Christian activity was promoted, and Sunday congregations gave evidence of special divine in- fluences. Not infrequently has written testimony to the power and value of those meetings come from members in remote parts of our land as well as from some in foreign countries. The chief criticism that I should offer, respects a certain tardiness in appreciating the privilege of asking and expecting great things; the duty of interceding up to the measure of divine assurances and the might of Christ's mediation. It did not seem to be generally apprehended that the sun can as easily illumine a hemisphere as a humble cottage. Apparent deafness on high is only the coldness of unbelief here below. J. Special Chtirck Fellowship, Somewhere in the sixties there began the custom of a gathering — it might be only annual, or it might be oftener — for special church fellowship. It was confined exclusively to our own members. Being by itself, the church had a favorable opportunity to cultivate a sense of unity. There was manifestly a home feeling. The pastor could speak of some things much more freely and confi- dentially than if others, though Christian men and women, were present. It was a family gathering. There was felt to be a community of interests and responsibilities. At the time of the first assemblage of this sort there seemed to be a critical juncture. There was an increased CHURCH FUNCTIONS. 109 numerical amount of prayers in the congregation without a corresponding increase of earnest prayerfulness. There were encouraging tokens, there was a quickened religious expectancy, and yet a degree of hesitancy. It appeared as if God were putting us upon trial, intimating a great bless- ing, and then waiting to see if the church appreciated the intimation. We had been reading the thirteenth and four- teenth chapters of Numbers, and the consequences of fail- ure in loyalty at an emergency were fresh in mind. Israel had reached the southern border of Canaan ; their unbe- lief and cowardice were the only reasons why they could not at once enter, conquer and possess the promised land. But they became faint-hearted. They would not meet the demands of Providence, nor trust in the Lord God of Sabaoth. Shrinking from duty and privilege cost them years of hardship and unblessed wandering as a penal con- sequence. It is most hazardous for a church to hesitate when a juncture evidently favorable for going forward pre- sents itself. The brotherhood were told plainly that there seemed to be little of confession, little brokenness of heart and tenderness. The specialty of the time called for such plain deal- ing, and it was evidently blessed. Soon after that another similar meeting was held, and the result more than justi- fied the occasion. The practice of assembling thus, at least once a year, became established. As soon, however, as it became a fixed observance at a particular date, it naturally ceased to be followed by marked spiritual bene- ELIOT MEMORIAL. fits. But other results — and they are not unimportant — followed. We had the chief area of our chapel floor cleared of seats, and an opportunity thus secured for un- embarrassed intermingling of members. A chief feature of the occasion then was freedom and exhilarating cheer- fulness of greetings and fraternal intercourse. The amount of smiles and reciprocal cordiality on the part even of those not previously acquainted was refreshing to behold. Little alienations were healed. Some confessed they had not before known what church fellowship was. I am not aware that any one present at those AgapcE had any other feeling than that of satisfaction. Some I know were de- lighted. Owing probably to their speaking of it elsewhere, letters came to me from ministers making inquiry about the method and results of such fellowship meetings. 4. Church Discipline. No injunctions of the New Testament are more posi- tive than those which require the maintenance of sound doctrine and good order in the church, " A man that is heretical, after a first and second admonition, refuse " (Titus 3: 10). "Now we command you, brethren, in the name of our Lord Jesus Christ, that ye withdraw your- selves from every brother that walketh disorderly and not after the tradition which he received of us " (2 Thess. 3 : 6). To disregard these requirements when known cases of offence exist, is to incur disapprobation from the CHURCH FUNCTIONS. Head of the Church. To enter upon the work of eccle- siastical censure in an unchristian spirit, or to pursue it in unscriptural methods is also to provoke divine displeasure. The proper way of i^roceeding is plainly pointed out in the eighteenth chapter of Matthew's Gospel. The welfare of the brotherhood by reclaiming the offender should always be the aim. And the latter may generally be expected. " Brethren, if a man be overtaken in a fault, ye which are spiritual restore such an one in the spirit of meekness, con- sidering thyself lest thou also be tempted." It should be remembered that when an individual member is under dis- cipline, the whole church is also virtually on trial. It will appear what the spirit of the whole body is ; whether re- sentments exist, or whether God's honor is the inspiring motive. No small amount of prayer and sanctified self- control will generally be required. It is a gratifying remembrance that the several cases which came before the Eliot Church were conducted in strict conformity with established rules and for the most part in apparently an excellent spirit. The required pre- liminary steps were taken and much pains bestowed upon efforts to reclaim. In no instance was there any precipi- tancy in bringing a case before the church for adjudica- tion. Several members who at different times had been labored with privately, came before the church with frank confessions, and received tokens of renewed fraternal con- fidence. One who had been cut off removed his residence, but the discipline was blessed to his conversion. He 112 ELIOT MEMORIAL. joined another church with our cognizance, and on mov- ing back to Roxbury, brought a letter of recommendation and was welcomed to our fellowship once more. In e very- case of persistent failure to do this unanimity, or proxi- mate unanimity for the withdrawment of fellowship, was secured. One, for example, was that of a man who, after becoming a spiritualist, renounced the authority of Sacred Scripture and the validity of all fundamental doctrines of Christianity. So serenely self-satisfied was he in the re- nunciation of church vows as to quietly admit the pro- priety of his excommunication. There were two or three individuals who would have been glad to have some standing rule adopted by which " members whose doctrinal views have undergone a radical change may receive a certificate of good moral character, and when received by any church with which ours has no fellowship, the relation shall be considered at an end." But an authority a good deal higher than any treatise on Congregationalism says "refuse." And it further reads: " There arose false prophets also among the people, as among you also there shall be false teachers, who shall privily bring in destructive heresies, denying even the Mas- ter that bought them, bringing upon themselves swift de- struction" (2 Peter 2 : i). The proper method seems to be laid dowai explicitly and is exclusive, no other having scriptural sanction. Unfeigned tenderness should be shown and patient labor put forth to convince and reclaim the erring one. The Bible holds men no less responsible for CHURCH FUNCTIONS. II3 their belief than for their Hves. The church is made the practical depository and witness of the great essentials of our religion. In the ver}' basis of the church there is a compound contract, a contract between each member and the rest of the brotherhood; also between the church in its collective capacity and the triune God. The contract is entered into with more solemnity, and is one to which attaches no less sanctity than to any other on earth. The perpetuity of its obligation when assumed is understood. The proposed method of easy slipping out of the church involves the following interpretation of language : " Be- loved in the Lord, let it not be forgotten that you have here come under obligations from which you cannot escape " till you change your views on the essentials of Christianity ; "you can never withdraw from the covenant which has now been confirmed " till you become a Unitarian or a Roman Catholic. In an analogous compact the tenor would be, " You severally promise to love, cherish and honor each other," till you see some one you like better; "What God hath joined together let not man put asun- der," till you change your minds, and then you shall be mutually and honorably discharged. 5. Revivals. The history of revivals records the fact that seasons of special spiritual quickening have sometimes followed immediately upon painful cases of discipline. No trying 114 ELIOT MEMORIAL. duty discharged in reliance upon divine aid ever fails to bring a blessing. Kind fidelity in the several stages of a process suggests vividly the liabilities of temptation, of backsliding, not to speak of utter apostasy. Those engag- ing duly in this function can hardly refrain from humbling themselves before God and adorinor the Qrrace which has kept them from falling. The Eliot Church is not without illustrative examples in that line. Every instance of dis- cipline — whether the subject thereof was reclaimed, or was finally excluded from fellowship — served to bind the brotherhood together in closer bonds as well as to heighten a conception of the true design and the sacred obligations of a church. The theory of uniform spiritual advance on the part of an individual and a covenanted community is seldom borne out by facts. There may be no law of unequal de- velopment, but ^'ariations of temperament as well as of temper are matters of universal experience. Piety may be real, though depressed and only latent. Slumber and death are different conditions. We would advocate and labor for steady growth ; and yet not be surprised at more or less of the occasional and even the spasmodic. Crises may be looked for in individual and in collective life. An exhibition, too, of infirmities may be expected. One and another will purpose some specialty, such perhaps as they have read of, or have witnessed in another denomination, or in the methods of some evangelist. I recall an indi- vidual, not commanding deep respect, who had pretty CHURCH FUNCTIONS. II5 much ceased to attend upon stated church observances. But in more than one instance, after increased spiritual earnestness had become general and meetings were crowded, he would come in of an evening and take early opportunity to complain of the low state of religion and to propose certain special measures with reference to a revival. If the thing had been less painful it would have been more ludicrous. The seasons referred to were seasons of marked moral earnestness. They were epochs of special prayer, of wrest- ling importunity in supplication. There was a quietus to bickerings and heart-burnings. Formality gave way. Re- ligious sensibility was manifest, a cord of spiritual sym- pathy linking together an entire assembly in a sacred magnetism. Little if any unhallowed enthusiasm showed itself and still less of fanaticism. Mental balance was pre- served. The solemnity was usually deep, yet radiant; exhaustion did not follow, but a refreshing sense of things heavenly and divine, an elevating and restful apprehension of the great things of the kingdom. There was no need of setting about to prove the personality of the Holy Spirit, the gracious sincerity of Jesus Christ in his invita- tions, or his ability to save to the uttermost. Pungent conviction of sin and a penitent discovery of its just condemnation silenced quarrelling with God on account of his sovereignty in saving men and his righteousness in punishing forever the finally impenitent. Several of our church members privately acknowl- Il6 ELIOT MEMORIAL. edged to having previously entertained only a false hope and to being now apparently born again. So, too, mem- bers of other churches. One case of that kind is very dis- tinctly remembered, that of a family from the north of Ireland, the husband having been connected with the Episcopal Church and the wife with a Presbyterian Church. Both became convinced about the same time that by experience they had known nothing of vital piety. Both were converted, and in accordance with their own decided wish joined others in a public confession. The joy of converts did not become effervescent or boisterous ; deep streams are never noisy. Neighboring pastors kindly rendered assistance at a special week-day evening service ; and in a few instances aid was given by them on Lord's Day. This accords with what took place among the earliest fishers of men : " They beckoned to their partners in the other ship that they should come and help them." No professional evangelist was called in ; no mention was made of the anxious seat ; none were asked to rise for prayer ; but ample opportunity was given for quiet and orderly after-meetings ; or for other separate gatherings of inquirers as well as for the special instruc- tion of professed converts. A good many new family altars were set up. I heard of three such on one day. Some years the harvests were noteworthy, for example, in 1858 forty-five joined our church on first public confes- sion of faith, and sixty-nine in 1866. The accessions were not always from those who had previously belonged to CHURCH FUNCTIONS. I17 the Eliot congregation. Returning home after an im- pressive evening service I found three young men in my study, one of them from a Unitarian family. He was deeply wrought upon ; I had seen no one so agitated and distressed. He told me that some of the young men in the mercantile house where he was a clerk requested the privilege, the day before, of holding a prayer meeting in the attic of the store. Permission was readily given, and thirteen assembled. A few days later I called on a young lady who had begun to worship with us. I talked very freely and plainly with her for a time, when her mother, a Unitarian lady, coming in from a side room re- marked that she had overheard what was said and was glad that I called, adding that she desired her daughter should become a Christian ; that she herself had prayed for it and had no objection to her becoming a Trinitarian. She expressed dissatisfaction with the preaching where she usually worshiped as greatly lacking in spiritual power. During the same season I noticed a young man, a stranger, in one of the galleries listening with peculiarly earnest attention. It appeared that he was a Universalist visiting a friend in the neighborhood. It was not long before he avowed himself not only an evangelical believer but a " new man in Christ." These were not solitary cases of the kind and yet such were not numerous. Two classes of persons, very limited in number, seemed to be least responsive to revival influences. One was in- veterate novel readers. To single out a specimen — hap- Il8 ELIOT MEMORIAL. pily an extreme instance — mention may be made of a married lady who had been in the congregation only a few months. Her church membership was elsewhere. Her mind had become drenched with romance, and hence enervated. The pathetic would call forth tears, but char- acter will always deteriorate when awakened sensibilities lead to no practical beneficence. She had been living, or rather flitting about in an unreal world where common sense was a stranger. She confessed to having no sense of sin and was so unreflectingly ignorant as to ask if I thought she had done wrong at all, adding that she did not know it was necessary for her to feel her sinfulness, " because it is the heart and not she herself that is de- praved ! " I have met with no other case of more obvious heathenism except in India. Instances of a decidedly morbid condition of mind, developing at length into evident melancholia, if not un- mistakable derangement, were various. Of the following, though not generally understood, I had full cognizance. A man highly respected, a man of blameless life, standing in his lot, taking active and acceptable part in church ser- vices, came to me at length repeatedly, saying that he had no evidence of being a Christian ; that what he attempted in the line of social duties was purely from a sense of duty ; that there was no elasticity of soul in him. His own language was such as this in part : " Christ always seems at a distance ; there is a dreadful dimness and an awful blank in my mind; it is not the thought of hell CHURCH FUNCTIONS. II9 particularly that moves me; I cannot feel anything; the hardness is awful ; I cannot live so, I cannot die so. It would be a fearful thing to send for you and make this disclosure on my death-bed." Though a man of more than usual self-control, he wept profusely. For a good while he was in deep waters, depth calling unto depth in slowly increasing terror of despair. No words, no devices seemed to relieve the gloom. What could the pastor do but with an aching heart commend the case to Him who alone understands all the mysterious maladies of mind ! Among the evidences of religious advance was in- creased fidelity in the Sunday School. Class prayer meet- ings were held ; teachers and converted pupils would enter into devotional engagements to remember definitely certain unconverted pupils at some stated hour. Such covenants bore fruit. The ease with which merely social gatherings would take on a religious character was noticeable. So, too, the heartiness of Christian greetings and the readi- ness for outside Christian work. The year 1858 was one of widespread spiritual bless- ing. A statement was published in the Spring of that year that five vessels came into the port of New York at different times, on board which prayer meetings had been established, of course without any concert between the captains. With that I have since associated a young man, then belonging to our congregation, who sailed the year before for Australia. Returning in 1858, he told me that on approaching the coast he became seriously impressed, ELIOT MEMORIAL. and so continued till he reached home. He remained here less than two weeks, and before sailing again for Singapore he entertained a Christian hope. He was a child of the covenant, the pious father and mother having both deceased. Earl}^ in my pastorate, finding that the congregation was made up chiefly of those who came from Boston or elsewhere, with little or no previous mutual acquaintance ; that there was almost no local intercourse, hence but slight knowledge of one another, as most of the men went daily in town to business, I began to despair regarding the usual media of religious influence. If some one should be converted, who would know it ? How could a spark of spiritual influence be reasonably expected to communicate itself to others ? Soon after such dispiriting questions had arisen, I found in the course of the same week here and there several individuals decidedly awak- ened. That took place independently of one another, for they were not acquaintances and had had no intercommu- nication. It of course occurred to me more distinctly than ever before that the dews of divine grace come silently from above and require no horizontal channels; that there is a wide difference between a revival gotten up and one that comes down ; that while God is ever ready to accept cooperation from many, he never stands in need of human agency. CHAPTER IX ELIOT SUNDAY SCHOOL. The Sunday School as a methc \ of religious educa- tion is not so peculiarly a modern i ^titution as has been supposed. More than a century before Robert Raikes employed women (1781) to teach the waifs of Gloucester streets, England, a Sunday School had been instituted by the First Church in Roxbury. E )t himself maintained that " The care of the lambs is one-third part of the charge over the Church of God." It has been affirmed that " The Sunday School of the West Boston Society " was the earliest established in this city. It was the off- spring of the " West Boston Charity School," later known as the " West Parish Sewing School." ' It appears to have been a school for girls only. A similar school for boys was established in 1827, and the two were united in 1832. But Mrs. Susan E. Parker, sister of the late Dr. S. F. Smith — now aged ninety-five — stated before her memory failed in the least, if it has yet failed, that on June 14, 18 1 5, a Sabbath School was gathered at Christ Church, the historical Old North Church. The Rev. Dr. Asa Eaton was then rector. A house-to-house visitation had been made, and three hundred and sixty-five scholars were ^ T/ie West Church and its Ministers. Boston, 1856, pp. 217, 218. ELIOT MEMORIAL, enrolled. A list still remains hanging in the room where the school was organized in 1817. It was a strictly mis- sion school, the children of Christian households not being admitted. For that reason Mrs. Parker herself could not become a member. The first superintendent, Mr. Joseph W. Ingraham, continued in that office for twenty-five years.' When schools, especially those of a missionary char- acter, came to be established in Boston during the first half of the nineteenth century they did not enlist general favor at first. It was in the midst of the Unitarian discussion and the running of denominational lines. That in School Street was one. It was first opened in an old public schoolhouse at the lower end of Bedford Street. William Thurston, Esq., a prominent lawyer, made statements to a few friends who had come together, re- garding the success of Sabbath Schools in England. Fami- lies in the neighborhood were visited with a view to finding whether scholars could be obtained. A goodly number were at once secured. Other public schoolhouses were opened for the same purpose. The Mayor sent to Mr. John Gulliver — an active man in the Orthodox ranks — and frankly admitted that there was a desire to exclude the schools from city buildings. Not long after, Mr. Gul- liver found the front door of the schoolhouse one Sunday morning could not be opened. Entrance was effected * The Sunday School Times, July 4, 1896. Memories of Boston's First Sunday School. By Harriette Knight Smith. ELIOT SUNDAY SCHOOL. 123 through a window, and half a cord of wood was found piled against the door. That being removed, the Sunday School went on as usual. A public meeting was called, that by a vote the schools might be excluded. Mr. Thurs- ton and other gentlemen made addresses so effectively in favor of the religious movement that a large majority favored granting the use of as many of the schoolhouses as were needed. Our Eliot Sunday School was organized on the third Sunday of July, 1834, nearly two months be- fore the formation of the church. Forty-one persons met in the stone building near our present place of worship, twenty-five of whom were enrolled as scholars, fifteen as teachers, Mr. Alvah Kittredge being chosen superintend- ent. There was a twin-birth that Sunday morning. Mr. Kittredge saw for the first time his youngest son — now Rev. Dr. Abbot Eliot Kittredge of New York — and then hastened to join the company where this school was organized. After something more than a year, the meet- ing-house being finished, the school removed to the lecture room underneath, the average attendance of pupils having been about forty. After twenty-five years it was found that the attendance had come to be not far from two hundred. Mr. Kittredge continued most faithfully and acceptably in office as head of the school for a quarter of a century, when he resigned and took the place of a teacher. Upon a review at the time of his resigning, it was found that seven teachers and forty-three pupils had been re- moved by death. 124 ELIOT MEMORIAL. Of those who had been scholars thirty-one became college graduates, and at the date now in mind (1859) seven had become pastors of churches, four others were preachers, and one was an accepted missionary of the American Board. Twelve ministers of the gospel came out of the school before its silver anniversary, and an equal number of female pupils became the wives of clergy- men. During the period now spoken of two thousand one hundred and twenty scholars had been registered, a large proportion of whom (1700) had left and were scat- tered widely through the country, besides quite a number in foreign lands. Of that dispersion more than half were professing Christians. The family and the sanctuary usu- ally furnish concurrent influences that issue at length in conversion, but it should be stated with devout gratitude that during our first twenty-five years the church wel- comed to its communion more than one hundred and fifty from this school, while many who dated the commence- ment of their spiritual life here made public profession after removing elsewhere. I was in the habit of visiting this as well as our Mission School often — upon an average, three times a month — and of sitting down with classes successively, asking questions or remarking on the lesson of the day. Acquaintance with names, faces and habits was thus secured. I feared at first this would prove an undesirable interruption and possibly an annoyance, but teachers soon began to request such visits. There was opportunity also ELIOT SUNDAY SCHOOL. 1 25 for observing aptitude, or a want of it, on the part of teachers. As a general thing, they were devoted and suc- cessful. I learned highly to value those unpaid colleagues in the sphere of religious training. One or two sad ex- ceptions came under my eye — for instance, a man in charge of a class of young men, who was soon through with what appeared to be a perfunctory exercise. New members were brought in but presently left. They found nothing to interest them. Another teacher by tardiness ran out a class. From time to time I gave small blank books to teachers, returnable to me with private memo- randa regarding individual pupils. A visitor will light upon oddities. During an exer- cise on the transfiguration a class of girls were asked, How Moses and Elijah could have been recognized } A bright Miss replied that she supposed the disciples had seen their photographs. An ignorant young man who had never before attended a Sunday School, or been in the habit of reading the Bible, joined our Bible Class and professed to become at once interested in the subject of personal religion. Within a fortnight after that he came to me, saying that he had examined the matter of baptism and found that immersion was the only proper method. Familiarity with the Sunday School reveals acquaint- ance with families represented there, and is specially help- ful in pastoral visits. Innumerable interesting incidents came to light. One must sufifice here. A mother died, leaving three children, the eldest a lad of ten years. The 126 ELIOT MEMORIAL. father soon began family worship, but was often absent from home, being the traveling member of a Boston firm. During the father's absence this little boy, a member of the school, asked if he might keep up family worship. He read a chapter from the Bible regularly, then kneeled down, a younger sister each side of him, and offered ex- temporaneous prayer, closing with the Lord's Prayer, in which the sisters joined. Both grandmothers, each about sixty years of age, were present morning and evening. Now and then I preached to the two schools gath- ered with others into our place of worship, which was crowded. I usually attended the teachers' meetings. When absent from the country I sometimes wrote let- ters to the school, and on returning from a visit to Pales- tine, brought pressed flowers from Jerusalem and the neigh- borhood, mounted on cardboard, one for each of the scholars in our two schools ; a larger one for the teachers, and one yet larger for each superintendent. There was gradually disclosed a tendency to adminis- ter the school with reference to the Monthly Concert, rehearsals and other preparations occupying a dispropor- tionate amount of time that was needed for more im- portant purposes. There was an excessive demand for entertainment, and the concert was liable to become a mere exhibition. After intimate acquaintance with the working and spirit of our school had been established, it seemed to me to be regarded too much as an independent and outside affair, instead of an integral element of the church ELIOT SUNDAY SCHOOL. 1 27 and one form of church education. Hence I proposed certain regulations which have since been observed, two of which are as follows : — " The appointment of the Superintendent shall be by nomination on the part of the teachers, and ratification on the part of the church by yea and nay ballot ; the remain- ing oflficers being elected by the teachers." " The Superintendent shall make a report annually to the church at the annual meeting of the same, on the condition and statistics of the school, embracing a list of its teachers." Another practical misapprehension was that it is merely a school for children instead of being a Bible Seminary designed for all ages, including adults as well. These were urged to join the school, and two classes of such were formed with twelve or fourteen members in each. Cases occurred in which whole families were in attendance. Much thought was given to the library. Pains- taking is also needed to keep distinctly before the minds, especially of the young, that our sacred volume is the sub- ject of study. One incident will illustrate. Being absent from home on an exchange of pulpits, I asked a little girl, " Do you attend the Sunday School ? " " Oh, yes," she replied. " And what are you studying ? " " The Question-Book." " But it is a question-book on the Bible, I suppose." " No," said she. " What then is it ? " " The Union Question-Book." " And does it not ask questions about some part of the Bible ? " " No ; the lessons are all 128 ELIOT MEMORIAL. in the book ; we don't study the Bible." I had met with substantially the same thing elsewhere. Constant famili- arity with the collective contents and with the order of the several books should be cultivated. A very deep and very just reverence for the sacred scriptures was entertained by teachers and scholars. The natural results were manifest in character and life. Tes- timonials given, for instance, in 1859 by those who had entered the ministry, appeared to express the prevailing sentiment. One wrote from the state of Maine, " I can only say, I bless God that I ever became a member of your Sabbath School and congregation." One from west- ern Massachusetts, " That vestry will always be hallowed ground to me." Another, " I know of no place about which so many delightful and sacred associations cluster as at that vestry, underground though it is." " The gold and the silver of Ophir, and the cattle upon a thousand hills," wrote still another, " cannot pay the debt we owe." It was a specially gratifying circumstance that of those who had been connected with the school for a longer or shorter time, one, a true daughter of John Eliot, Miss Harriet J. Clark, now Mrs. Caswell, labored among the Seneca Indians in southwestern New York ; Mr. and Mrs. Hurter spent several years in Syria under the shadow of Mt. Lebanon ; while two daughters of missionaries, Mary Ballantine of Ahmednagar, India, and Maria Chamberlain from the Hawaiian Islands, returned to their native lands, the one as Mrs. Fairbank, the other as Mrs. Forbes, and ELIOT SUNDAY SCHOOL. 1 29 did excellent service. With the latter name should also be coupled that of Mary Carpenter Paris. These, as well as the memorable name of Rev. David Coit Scudder, will be found among the sketches of missionaries. Amidst all the changes of superintendents and teach- ers, the school has maintained a good degree of harmony and a fair amount of enthusiasm. This appeared to be noticeably true when our congregation was so depleted in 1870 by the withdrawment of a large body to form a new church and Sunday School. Unusual vitality and enter- prise remained. Even the first Sabbath after that exodus the attendance showed a higher figure than for some time before. After four weeks I found there had been an accession of sixty members. The Young Men's Bible Class of twenty-five, whose former teacher had gone with- out the slightest hint to them of his purpose to leave, continued undiminished, though for a time no one was found to lead them. There seemed to be on their part a measure of sanctified spunk. Many funerals of pupils have been attended. A few of them were oppressively sad. Such, for example, were those of the four lads who lost their life by drowning; and that of another, Benjamin Bronner (1857), suddenly crushed by inexorable machinery. The funeral solemni- ties of one who had been a scholar followed soon after the festivities of marriage. In another case I had occa- sion to go directly from the funeral of a beloved pupil ' to 'Harriet M. Holman, 1857. 130 ELIOT MEMORIAL. the marriage of her Sunday School teacher. On most of these services cheering Hght from above shone benignly and expelled sadness. One of them, a specimen, rises dis- tinctly to recollection, the funeral of a young woman,' beautifully patient in sickness, gentle and cheerful. The epistle to the Romans, which had been studied in the Bible Class, was peculiarly precious to her. Regarding recovery or removal she could say, " I have no choice ; " and amidst final paroxysms of pain she cried, " Oh, Mother! Oh, Saviour!" Two of the superintendents died while in oflfice." The statistics of the school for the quarter of a cen- tury from 1842 to 1867 show that considerably over three thousand pupils had been members, of whom two hundred were received to the Eliot Church on profession of faith. During that period one hundred and seventy-one minors ■Eliza Hill Anderson, 1849. Alvah Kittredge . . Samuel W. Hall . . Sylvester Bliss . . Charles F. Bray . . Thomas Chamberlain William H. Brackett Edward A. Lawrence James Goodman . . Charles W. Hill . . Horace G. Wellington Frederick C. Russell Charles W. Hill . . Clarence T. Mooar . 2 SUPERINTENDENTS. Elected. July, 1834. July, 1859. July, i860. April I, 1863. April 16, 1865. Sept. II, 1865. Dec. 10, 1866. Dec. 20, 1867. Sept. 30, 1870. Dec. 31, 1884. Dec. 28, 1887. Dec. 30, 1891. Dec. 15, 1896. Resigned. July, 1859. July, i860. Died March 6, 1863. July, 1865. Sept., 1865. Dec, 1866. Dec. 20, 1867. Sept. 30, 1870. Dec. 31, 1884. Dec. 28, 1887. Dec. 30, 1891. Died Nov. 13, 1896. ELIOT SUNDAY SCHOOL. I3I were so received, forty-eight of whom were fifteen years of age or under; and seven were twelve years old or under. When the anniversary of July, 1867, came round, there were three hundred and sixty-six pupils remaining, while three regiments, each one thousand strong, had been mus- tered out of the Sunday School army, a part of whom were scattered all over the land. Several were in the Valley of the Mississippi, some on the Pacific coast, and a few in Australia, India, China, and other countries. All of them were probably better themselves and exerted a better influence upon others for having studied the Bible here. Perhaps all of them could join John Eliot in his testimony, " I do see that it was a great favor unto me to season my first years with fear of God, the Word, and prayer." CHAPTER X. VARIOUS DEVOTIONAL MEETINGS /. Maternal Meeting. Two years after the churcli was organized some of the mothers united in a Maternal Association. The pre- liminary declaration opens as follows : " Impressed with a sense of our dependence upon the Holy Spirit to aid us in training up our children in the way they should go, and hoping to obtain the blessing of such as fear the Lord and speak often one to another, We," etc. Three of the Ten Articles disclose the chief aim and chief duties of members. "It shall be the duty of every member to qualify herself by daily reading, prayer and self-discipline to discharge faithfully the arduous duties of a Christian mother," etc. ; " Each member shall consider herself obli- gated by her covenant engagements to pray for her chil- dren daily and with them as often as circumstances may permit, and conscientiously to restrain them from such courses as would naturally add to vanity, pride, and worldly- mindedness ; " " When a mother is removed by death, it shall be the special duty of the Association to regard with peculiar interest the spiritual welfare of her children, and to show their interest by a continued remembrance of them in their prayers and by such tokens of sympathy and kindness as their circumstances shall require." VARIOUS DEVOTIONAL MEETINGS. 1 33 My acquaintance with this association began fifty- eight years ago in the month of my ordination. It was the Quarterly Meeting, July, 1842. From that time on- ward I was uniformly present, and with great enjoyment, at the Quarterly Meeting. That was the children's meet- ing, and there would be an attendance all told of fifty or more. It was choice music to my ear to hear the little folks repeat hymns and passages of scripture. In one in- stance twelve different Psalms were recited, besides one or more other chapters and numerous single verses. At one period a simple catechism which I had prepared. The Lambs Fed,' was employed, though not at my suggestion. Sometimes a shadow fell upon the meeting, as when, fifty-three years since, all thought centered on the drown- ing of one of the dear boys, and at another when the remark was made that I had already that week attended the funerals of three little ones. At other times sacred joy abounded, as after an unusual number had been wel- comed to the church, twenty of them being from families represented in this association. Eleven of those who were once in attendance entered the Christian ministry, and the same number became ministers' wives, as was stated re- garding the Eliot Sunday School. Those whose memory goes back many years speak 'First published by Benjamin Perkins about 1844 or 1845. Afterwards issued by the Massachusetts Sunday School Society (1859), with the title, Biblical Cateckistn for Sabbath Schools. Two different translations into Marathi were made, and it has been used somewhat widely in the Bombay Presidency. 134 ELIOT MEMORIAL. or write in a way that shows the meetings were a bene- diction to them. Mention is made of having preserved the cards, leaflets and booklets that were griven to the children. " I well remember," writes one, " the beautiful face of Mrs. Anderson, the president, as she moved her chair about the room so as to be near each child who was reciting." " At the last meeting I attended, being a tall High School boy. Dr. Thompson said, ' You will not be too old to come to the maternal meeting when you are twenty-one.' " Mothers derived great benefit from their associated counsels and prayers. Some of them still living have written thus : " I have memories of that organization which are very sweet and precious to me." Another who is eighty-eight sends word that she " remembers the meet- ing with great delight, and has had many a blessed sea- son of prayer with the mothers and their children." The mother of Samuel was often in their thoughts. Hers was no temporary arrangement. "As long as he liveth, he shall be lent to the Lord." He did not belons^ so much to her as to the Lord ; he was not given to be a mother's pet. Only those mothers who, Hannah-like, give their children to the Lord for their whole life have a right to expect a blessing. The following recorded resolution of a devout woman caught my eye, " Everything that will make me a better mother I covet, and so far as I can I will pro- cure." What now will make better mothers .^^ First, let them give themselves heartily and wholly to the God of VARIOUS DEVOTIONAL MEETINGS. 1 35 Hannah. Failing in that, they will fail to be complete, first-rate mothers. Their children must be lent to the Lord. If his right in them be not acknowledged, his blessing on them cannot reasonably be expected. Unfail- ing intercession on their behalf must follow. The more Hannahs there are the more Samuels will there be. All history shows that mothers who have coveted earnestly the best gifts have been chief benefactors to their families, and through their children benefactors to the community. Most memorable amidst the agonies of Calvary was that utterance, " Behold thy mother ! " It is not to heathen or Mohammedan lands that we turn to find the typical mother. A housekeeper, a nurse, a governess may be hired, but not a mother. No place is there in this world like her heart. It is the charm of her affection and her assiduities that makes home — a word not found in Oriental languages, for the idea does not exist there. A pure moral element is needful. There is no family among animals and no home amidst human herding. To manage children wisely is as difficult as for the statesman to manage men wisely. The same firmness, the same dis- criminating, patient sagacity and far-reaching aims are required. Graduates from the fireside seminary show in- evitably what their training has been. The noble char- acter of the Father of his country was due to " Mary the Mother of Washington." When General Harrison was on his way to the Capital to take oath as President of the United States, he visited the home of his infancy in 136 ELIOT MEMORIAL. Virginia. Passing: from room to room, he came to a re- tired bed-chamber, where he burst into tears and said to a friend, " This is the spot where my mother used to pray for me." Abraham Lincohi said, " All that I am or hope to be I owe to my mother." At the inauguration of Presi- dent Garfield was there anything so significant or so beau- tiful as, after taking oath of office, he turned on the plat- form to kiss his venerable Christian mother ? They that prayerfully rock the cradle rule the world and help to people heaven. 2. Female Prayer Meeting. It was not long after the organization of the Church that some of the good women were moved to institute a mid-week gathering for devotional purposes. This was the more natural since the element represented in our con- gregation was then, as has been remarked, chiefly a trans- planted population, and by day the women were almost the sole residents here. The men were chiefly at their places of business in Boston, The attendance upon this Wednesday afternoon meet- ing was sometimes twenty, thirty, or forty, though the average fell perhaps to ten. In seasons of special religious interest, particularly in 1857 ^^^^ onward, several neighbor- hood gatherings would be established, and would more or less frequently unite at some central point, with an attend- ance of three-score or four-score. It was a good many years before the meetings were held elsewhere than at VARIOUS DEVOTIONAL MEETINGS. 1 37 private houses. But they have all along been an expo- nent of the life of the Church and one obvious ministrant to that life. Much of excellence as there has been among the brethren, the readiness of our sisterhood for every good word and work has been yet more marked. But for them the fraternity would have had a character noticeably different. ,Unity of aim in the meeting became impaired somewhat when the Maternal Association, the cause of Foreign Missions and of Home Missions, came to occupy each respectively one afternoon every month. J. Other Prayer Meetings. There were other gatherings for devotional purposes, weekly or less frequent, such as that of Young Men and another of Young Women. The former was established chiefly through the agency of Mr. Henry Martyn Hill, a young man of unfailing punctuality in attendance on the Church meeting as well. The latter of the two assemblages was begun in January, 1848. It had a variable, yet on the whole gratifying attendance, forty being sometimes present. At one time the children came together for the same pur- pose, though not at my instance. I wrote a letter to them for each of the meetings. Those of a tender age should never be encouraged to meet entirely by themselves. The presence of a wise and tactful matron is always important. The Monthly Concert of Prayer for Missions was a favorite meeting and well attended. Careful preparation 138 ELIOT MEMORIAL. relating to some field of the American Board was occa- sionally made by some member of the church. For many years Dr. R. Anderson often took the laboring oar, and of course gave special interest to the occasion. There were times when I called a prayer meeting at my house once a week. A different set of brethren or of families were invited to successive gatherings. In the free- dom of a private parlor one and another were led to take active part, and thus be prepared for larger social occasions. There was also opportunity for more intimate personal acquaintance, and for cultivating neighborly religious in- tercourse. Of the annual gatherings no one was more fully ap- preciated than that of prayer for colleges. Two sessions were held, one in the afternoon, fairly well sustained, the other in the evening, sometimes with a crowded attend- ance. Those were literally prayer meetings. Exhortation and narrative did not have an absorbing place. When the annual Week of Prayer became an observance, one or two sessions were held on each secular day, with an aver- age presence of about one hundred. The selection and arrangement of topics issued by the Evangelical Alliance never seemed to me satisfactory. The same was true in a measure of similar issues from other sources when at length such began to appear. One uniform fault in the lists sent out from London was that the topics were not sufficiently specific. Another fault was the assignment of missions, that highly important subject, to a day or even- VARIOUS DEVOTIONAL MEETINGS. 1 39 ing least favorable for attendance. I was in the habit of preparing lists of topics with subdivisions and accom- panying passages of Scripture expressly for the Eliot Church. These were printed as leaflets and seasonably distributed. It was my practice on the Sabbath which opened the week to preach upon some subject specially appropriate to the services contemplated, such as the province of prayer, the Holy Spirit's offices, the claims of Christ's kingdom. The week never passed without a manifest blessing during its progress and thence onward. It sometimes seemed to impart a spiritual impulse and tone to the Church, which were perceptible throughout the remainder of the twelvemonth. During the period now under review the Eliot Church may safely be called a praying church. There was usu- ally a cheerful response to notices of stated or occasional appointments for supplication and praise. CHAPTER XI. VARIOUS ASSOCIATIONS. /. Dorcas Society. Early in the history of the church thoughts turned to the surrounding community. " As bad as a Roxbury boy " is said to have been a proverb in neighboring towns. There certainly was a rude element which threw stones at our people when they were on the way to and from evening meetings. This was one thing which called atten- tion to the outside community. Needy and deserving indi- viduals were found, and in 1840 a Dorcas Society was formed, the sick and destitute being in mind as specially entitled to aid. An admission fee and donations supplied material for the ladies' busy needles once a month in the afternoon. Gentlemen were invited to a plain collation at evening. This gave opportunity for social intercourse. After some years the gathering began to be held in the lecture room and has continued in the chapel. There is more freedom felt in attendance there ; and such an oppor- tunity for all to engage in pleasant intercourse on the same footing is of great importance. It is a most helpful bond of unit}^ The attendance ranged from fifty to one hundred and fifty. At the eight regular meetings annually between one and two hundred garments were made. The existence of VARIOUS ASSOCIATIONS. 141 neighboring need was thus brought distinctly and regularly to mind, with a silent appeal for aid. Many a cup of cold water was thus ministered. No one was importuned for a contribution. A habit of active sympathy is thus likely to be established, a habit of no small value. It serves as a mental tonic ; it is an excellent way of getting rid of ennui. It will be found there is a luxury in doing good, and one will often find too that the more he gives the more he has. An Arabic proverb says, " The water you pour on the roots of the cocoanut tree comes back to you from the top in the sweet milk of the cocoanut." These lower considerations and results may have to do incipiently with cherishing the highest motives and the broadest beneficence. Everybody must have noticed that public-spiritedness, like charity, its cousin-german, begins at home but grows by exercise. The anatomist tells us that the muscle by which we close the hand is much stronger than that by which we open it. It is something to learn through observation at least the wretchedness of being selfish. " That man may last but never lives, Who much receives and nothing gives ; Whom none can love, whom none can thank, Creation's blot, creation's blank." 2. Eliot City Missio7zary Society. Soon after my ordination I went to an elevated point in the place to get the lay of the land, geographical and ecclesi- 142 ELIOT MEMORIAL. astical. One question in mind was, What neighboring churches are there of the same faith and order as the Eliot Church ? Bostonward, the nearest was Pine Street, Austin Phelps, pastor; in Dorchester, the Second Church, over which Dr. Codman presided ; at West Roxbury, Spring Street, with the Rev. Christopher Marsh pastor; and Brigh- ton, with the Rev. John T. Adams pastor. The Eliot parish was conterminous with these, and its extreme boundaries were certainly wide apart. The absence of meeting-house spires on the area surveyed was noticeable. Our own place of worship originally and that of the Dudley Street Baptist Church had none. Under the eye was a large and growing population, a part of which had no ecclesiastical home. The most densely peopled district of that kind seemed to be at the Point and in the region of the lead works. The thought of a Sunday School in that neighborhood arose and, as opportunity offered, I began to make inquiries and sugges- tions regarding such an enterprise. Enthusiasm did not kindle at once. Tract distribution, on being recommended, found immediate favor. That led to a proposal for the circulation of religious books on sale and no one took hold of it with more of personal interest and energy than the Rev. David Greene. It was a suggestive sight to see a secretary of the American Board of Commissioners for Foreign Missions going from house to house here at home and offering valuable literature for domestic use. The next year (1843) the suggestion of a mission Sunday School VARIOUS ASSOCIATIONS. 1 43 took effect, and one was opened in a public schoolhouse on Yeomans Street. Deacon John Gulliver, always ready for Christian work, was asked to take the superintend- ence. This took place in May ; and in the course of the remainder of that year, one hundred and forty-nine schol- ars had been gathered in, three or four Roman Catholic families contributing children. The movement issuing in such a school, and in an irregular tract distribution, reacted upon the church to awaken a deeper and deeper interest in such home work. It became a subject of earnest conversation what could be done to meet the spiritual wants of many living around us, and living in the neglect or involuntary deprivation of the means of grace. At length the matter found its way, though all too tardily, into our church prayer meeting. Looking at the truancy of children and youths, at the amount of intemperance, the prevalence of Sabbath dese- cration, the glaring neglect of the ordinances and Word of God, what could we, amidst ample enjoyment ourselves of religious privileges, do but move in an associated effort for the abatement of those evils? Who could be content to hoard his blessings? In 1850 the church resolved to employ a laborer who should devote himself especially to Christian work among the classes referred to. An ex- perienced and discreet minister was engaged. It was found desirable to form an association not limited to the church, but embracing all in the congregation who might see fit to join it and to which the executive affairs might 144 ELIOT MEMORIAL. be committed. That was done in June, 185 1. Ttie Eliot City Missionary Society was exceedingly simple in its organization and of easy administration. The payment of one dollar annually made any one in the congregation a member. The Executive Committee, consisting chiefly of the pastor and other church members, were entrusted with the immediate management of the mission. Rev. Levi Smith, the first of our ordained missionaries, a valua- ble man, had not strength sufficient for the work. He was obliged to resign, and not long after entered into the final rest. At length we were favored with the ministra- tions of another most excellent man, the Rev. David M. Mitchell. He remained in the service about eight years, without interruption, without friction, and in a spirit and manner that commanded universal acceptance and respect. Two female missionaries were also employed at different times, one of whom, Mrs. Marsh, the widow of a minister, was a woman of rare fidelity and soundness of judgment. The chief departments of effort were as follows : A school in which young persons were taught to use the needle, and where also was opportunity for instruction from the Word of God. Two afternoons were devoted to it each week, and over a hundred were often in attend- ance. It was a school of benevolence. The girls, older and younger, were encouraged to give as well as to re- ceive. One incident of many will show this. A little girl on finishing a garment was asked by the superintend- ent, which she would rather do, keep it as her own or give VARIOUS ASSOCIATIONS. 1 45 it to somebody less favored than herself. " I will give it away," she promptly replied, and at once selected one of the most destitute in the group. She had the hearty thanks of the obliged child and an approving smile from half a hundred bright faces. Household visitation was maintained, the main aim being to promote the spiritual good of inmates by prayer and religious conversation, Bible and tract distribution, and by encouraging attend- ance at some evangelical place of worship. Neighborhood prayer meetings were started, and also a maternal associa- tion. A judicious ministration to the temporal wants of the more needy and more deserving was another feature. In the person of each missionary was a temperance agent, and through this instrumentality some of the inebriates were brought back to habits of confirmed sobriety, and a few were brought to sit at the feet of Jesus, apparently clothed and in their right mind. In many instances situa- tions were found in the country for boys and girls, where good care and good domestic influences were provided. One of the Sunday Schools which were gathered — that on Yeomans Street, afterwards removed to Davis Street already referred to — outgrew Williams Hall. A lot of land ten thousand feet in extent — sufficient for a meeting-house also — was accordingly bought (1856) for $4,000. Thereon was built a chapel which would seat about three hundred, and which, with its furniture, cost $1,500. The first money for the object was raised by a few little girls who got up a private fair for the purpose. 146 ELIOT MEMORIAL. Every bill had been paid before the dedication, July 11, 1856. The transfer of the school from its old neighbor- hood to a higher and more attractive, though more remote, station, was effected without the loss of a single pupil. The property was afterwards given to the Vine Street Society, the Vine Street Church being organized in 1857. A second school, which Mr. Benjamin Perkins super- intended, was gathered on King Street, and had a Bible Class of adults. Each of these schools was furnished with a library, and it was a gratifying sight to witness the order and decorum as well as the avidity with which the books loaned for reading were received. There was also a good deal of eagerness for the Sunday class instruction. One little boy who had removed to Charlestown continued to come back seasonably to the place at the appointed hour. Another little child who lost the use of her limbs longed to be carried there. This school was subsequently merged in the third, that on Parker Street. The one last referred to had at its opening session the first Lord's Day of 1853, only ten scholars present. But a steady growth followed till an average of three hundred was reached. The Infant Class grew to be the largest in the city. Union monthly concerts of the two schools were held in our church, at which the house, including the gal- leries, was crowded. This public fellowship had a happy effect in promoting unity of feeling as well as the cause of Bible study. In the earl}^ days of the three schools the teachers were all from the Eliot congregation. VARIOUS ASSOCIATIONS. 1 47 Upon the annexation of Roxbury to Boston (May 30, 1850), there was no further occasion for a separate City Missionary Society, and that of the EHot Church gave place after a while to the older one of the older city. Although careful statistics were kept for only a part of the time, and now and then no statistics at all, yet during a portion of the period nine thousand articles of clothing were distributed ; about ten thousand loans or gifts of valuable books, besides numerous Bibles and New Testa- ments ; about twenty thousand tracts were put in circula- tion and more than forty thousand Christian calls were registered. Not less than two thousand dollars were placed by individuals in the hands of mission almoners for temporal aid of the needy. A good many situations were found for men and women out of employment. Orphaned children received tender care. In the course of twelve years the outlay of the Society was $11,358.37. Even with the greatest painstaking complete results could not have been tabulated. We had reason to believe that genuine conversions took place. Several individuals joined different churches, a number of the intemperate were reclaimed ; many a home showed signs of improve- ment on the score of tidiness, order and comfort, and in a large number of cases of sickness, soothing influences and important relief were bestowed. If we would learn all the more valuable results, we should need to find how many minds, not likely otherwise to be reached, received helpful ideas and impulses, how many hearts were moved toward 148 ELIOT MEMORIAL. holiness and heaven, we should need to count the emo- tions of gladness awakened, the multitude of sins covered and prevented. Happier homes, better citizens, more con- sistent Christians not a few would be included. CHAPTER XII. SPECIAL OCCASIONS AND OCCURRENCES. /. Social Gatherings. Sociability has characterized the Eliot Church. More than one stranger has confessed to never having witnessed this in equal measure elsewhere. It has been due partly to the circumstance of wide diversities of birth- place and condition, which suggest a special need of culti- vating acquaintance. Now and then there would be an individual who complained of neglect, and however many- might call, had no idea of any reciprocal duty, but con- tinued to sulk in unamiable seclusion, I have never known a oeople who, in general, showed an equal readi- ness for fraternizing. I remarked this early. Promptness in cordial greetings and social gatherings was noticeable. The open hand for salutation was also a generous hand. At the present day surprise parties, for instance, are not so much in vogue as formerly. They began here when I began housekeeping, and there was occasion all along for me to notice an emphatically practical element that en- tered into such gatherings. A thoughtful kindness and tact were shown by ladies in making such preparations as would secure carpets against injury, and secure the family against expense. A delicate considerateness was shown in regard to domestic needs, the needs of my 15° ELIOT MEMORIAL. library, and not less in the way these wants were sup- plied. The gentlemen showed their preference for hard money, in that a purse — never small nor light — would usually be left on the study table. One example will show the way things were managed. I was invited by my former hostess to take tea with her, and accordingly did so, excusing myself at eight o'clock on account of an en- gagement to meet Dr. Anderson, who was to be at my study with Deputation documents. I hurried home, and on opening the street door a flood of gaslight was dis- charged from all the burners in the house, revealing a party of not less than two hundred friends, all with beam- ing faces, who instantly began to sing one of my favorite hymns. Of course I was surprised and a little confused, for the remotest suspicion of what was going on had not crossed my mind. Mr. Henry Hill then stated in a very pleasant way that the ladies and others wished to wel- come me home. At nine o'clock I was shown to the dining-room where was a table spread most amply and beautifully. Birthdays brought a sort of surprise, partly distributed into calls of small groups or of individuals. The postman brought notes of congratulation, and messengers brought flowers. The Thirtieth of April was invariably brightened and perfumed — as it still is — by choice tokens selected at the greenhouse. Cards accompanying remembrancers, beautiful or useful, came pretty punctually from different parts of the country and sometimes from beyond sea. It ANNIVERSARIES. IS I was not easy — and to this day is not easy — to keep back tears of grateful gladness. 2. Anniversaries, Anniversaries of installation were observed. Propo- sals for that purpose came from the people, who issued printed invitations. On Lord's Day, evening of July 21, 1867, came the twenty-fifth anniversary of my settlement. Eight or more clergymen were present, each taking some part in the ser- vices of the occasion. The next evening, Monday the 2 2d, there was a gathering for social greetings at six o'clock in the chapel. Mr. Laban S. Beecher called to order, wel- comed old friends and all to the anniversary, made state- ments regarding the pastor, and proposed that they sing a part of the hymn, " Blest be the tie that binds." Mr. Eben- ezer Wheelwright of Newburyport, a former member of the church, spoke at some length. Before adjournment to the church for more public exercises, being called upon for a response, I closed by remarking that if, at the Grand Paris Exposition then in progress, a prize had been offered for the best church, the most united, kind and considerate people in any land, I knew who would win the prize. And further, pastors and others, some from the neighbor- hood, some from a distance, were declared to belong to the Legion of Honor, for " Kind hearts are more than coronets." 15^ ELIOT MEMORIAL. At the public evening exercises about thirty ministers were present, several of whom took part, among them Dr. N. Adams, who gave the right hand of fellowship twenty- five years before.' The next occasion of the same kind falls into the period subsequent to 1871, and yet it, as well as one or two other gatherings of that time, should have a word. Printed invitations were issued by a Committee of Arrange- ments. The title-page of a book, which gives an account of the proceeding, and which that committee prepared for publication, announces " A Jubilee, the Fiftieth Anniver- sary of the Settlement," etc. " Ye shall hallow the fiftieth year." Lev. 25 : 10. The committee state that "the pro- ceedings were carried out with entire success and with much satisfaction to all concerned. On Lord's Day morn- ing, the 25th of September, Dr. Thompson delivered the discourse, the devotional exercises being conducted by the Associate Pastor, Dr. B. F. Hamilton, by Dr. Daniel L. Furber of Newton Centre, and the Rev. Isaac C. White, of Scotland, Mass. On the platform and in front of the pulpit was an ample supply of palms, ferns and flowers tastefully arranged, while above the pulpit hung the motto, ' Hallow the Fiftieth Year,' flanked by the dates 1842- 1892, the letters being done in flowers. Exercises on the evening of the same day, and also on the evening of Wednesday the 28th took place. ■ A Memorial of the Twenty-Fifth Anniversary of the Settlement of Rev. A. C. Thompson, D. D., Pastor of the Eliot Church. Riverside Press. 1868. RECEPTIONS. 153 " The volume entitled ' Our Birthdays,' referred to by Dr. Laurie in his address Sunday evening, came from the press the day before, and is dedicated ' To the members of the Eliot Congregation, who have reached or may yet reach seventy years of age and upwards, as a remem- brancer of the eightieth anniversary of birth and fiftieth anniversary of ordination, by their friend, the Senior Pas- tor.' These birthday greetings range from seventy-one to one hundred. The Committee have the gratification of handing a copy of. Dr. Thompson's book to those mem- bers of the church now living whose age falls within the limits thus specified." J. Receptions. In 1850 two Hawaiian princes came to this country on an official visit. They were accompanied by Dr. Ger- ritt P. Judd, who had been a missionary physician at the Sandwich Islands, but was then a confidential minister of the king. Mr. Alvah Kittredge, our senior deacon, had a sister who was the wife of Rev. Ephraim W. Clark, a mis- sionary at the Islands ; Mr. Kittredge also had the most commodious dwelling of any one in our congregation, and a heart not less hospitably capacious than his house. He gave a reception to the foreigners, and Roxbury never before witnessed such a crowd on such an occasion, nor had ever before had a visit of such representatives of roy- alty. No two sons of a European monarch would have 154 ELIOT MEMORIAL. shown a finer physique or have demeaned themselves with more propriety and perhaps not with more of grace than these young men from the Pacific islands, which were then recently reclaimed from barbarism. Their perfectly courteous bearing was a monumental witness to the civil- izing power of Christianity and to the fidelity of the mis- sionaries of the American Board. The princes extended their visit to Europe. One of them afterwards came to the throne as Kamehameha IV, and dying in 1863, was succeeded by his younger brother, Kamehameha V. On a comparatively reduced scale receptions took place when twenty-fifth anniversaries of marriage came round. The same, too, in naturally fewer cases when golden weddings occurred. In December, 1857, came that of Mr. and Mrs. Abel Baker, then living in Brookline. Their youngest son made the arrangements and bore the ex- penses. The grounds were lighted in all directions with Syrian lanterns, having various colored lights. The deco- rations of evergreens and flowers were abundant and taste- ful. It was a fairy evening scene. About a hundred guests assembled to greet the venerable and worthy couple. The bride when married in 1807 was sixteen, and even at this time (1857) had more color and fresh- ness of expression than most young women of that age. Another of these occasions was the jubilee anniver- sary of the Rev. Dr. and Mrs. Austin Richards, 19th of December, 1877. Two of his brothers, then deceased, had been missionaries, one in the Sandwich Islands, the other RECEPTIONS. 15s in the Island of Ceylon, from whose grave I was able to hand a memorial flower along with Dr. N. Adams' " At Eventide." It was in the year just named that Dr. Rufus Ander- son, senior secretary of the American Board, made an ofificial visit to the Hawaiian Islands. The distance by way of the Isthmus of Darien is about four thousand miles. Upon his return in September we had a public meeting of welcome. This was the fourth similar visit of his in different parts of the world. Mrs. Anderson and a daughter accompanied him. On the return voyage in the Pacific their steamer encountered a terrific storm, and it seemed for a time as if all on board must be lost. Dr. Anderson said little about perils of the sea, but occupied an hour in giving the results of Christian labor at the Islands. Our church was filled, and the congregation rose and sung, — " How are thy servants blest, O Lord." All " were glad of the coming of Fortunatus." The fiftieth anniversary, January 8, 1877, of Dr. and Mrs. Anderson's marriage was a specially gratifying occa- sion. But for the limitation of their strength the obser- vance would have taken place in the church, which would no doubt have been filled. Only the chapel, however, was opened and invitations were accordingly restricted in num- ber. The children of the family and grandchildren were present, besides about one hundred and fifty friends, among whom were eighteen ministers. These had chiefly 1^6 ELIOT MEMORIAL. been Dr. Anderson's official and professional associates. A beautiful arbor had been erected at the head of the chapel, its framework covered with evergreen, and over the front a floral crown with a basket of flowers sus- pended beneath. At either end of the arch was a date, 1827-1877, whilst in the centre was a monogram, " A., H." — H being the initial of her family name when Eliza Hill was a bride, and when the marriage service was solemnized by Rev. Aaron Hovey at Saybrook, Connec- ticut. In the rear were two floral crosses with a wreath between them. No couple more revered and beloved ever sat beneath an arbor of livelier green, behind each of whom was a symbol of that to which, in trust, hope and service they had long been jointly loyal. For forty years they had been connected with the Eliot Church, and Dr. Anderson had for full half a century been officially connected with the American Board of Foreign Missions. He was now in his eighty-first year, of noble presence, tall, and as erect as any young man then present. After an hour spent in congratulations a collation was served. It was understood that no speeches were to be made, but being urged to say something, I could hardly do less than convey a hearty welcome to all the guests, stating that among them, be- sides two whose similar anniversaries had already occurred, there was one who would celebrate a golden wedding in the Spring following, and another who would do the same in the Autumn of that year. Attention was directed CIVIL WAR TIME. I57 to a friend in the crowd, whose bridal veil of more than fifty years before was the head-dress of that afternoon. Letters of greeting, some from missionaries abroad and from other friends were in hand, but time to hear them then failed. A short time before that I had occasion to write on business to the venerable Dr. Charles Hodge of Princeton, in his eightieth year, who had been longer engaged in theological education than any other man in the country, and who was a personal friend of Dr. Ander- son. In a postscript I referred to the approaching fiftieth anniversary. At the close of his letter in reply, Dr. Hodge said, " Our dear friend. Dr. Rufus Anderson, has had a golden life. It is meet he should have a golden wedding before he gets his golden crown. Give him my best love with congratulations, and beg him to help by his prayers his tottering brethren." The Junior Pastor, Rev. Mr. Hamilton, read selections of Scripture, a prayer followed, and Dr. Anderson pronounced the benediction. ^. Civil War Time, The first rebel shot fired at Fort Sumpter struck thousands of hearts north of Mason and Dixon's line. The shock was tremendous; the waking up of the general mind was wonderful. A common sentiment thrilled all loyal citizens. Hundreds upon hundreds of national flags might soon be seen floating, look which way you might. 158 ELIOT MEMORIAL. Conversation, reading, preaching turned largely upon this theme. There was not a copper-head in our congrega- tion. Ladies were busy and school girls, too, in sewing for the army. Women in the eighties and one who was ninety knit faster than ever before. An immediate social effect was striking. Citizens who had never before spoken to one another at once grew companionable. A deep interest in volunteers was manifested. Capt. Ebenezer Stone, now Colonel Stone, brought his company to church of a Sunday morning in May, 1861. The Stars and Stripes fell gracefully though not ostentatiously from the Bible-stand over the table in front. A sermon on The Soldier and the Bible, from the text " And take the helmet of salvation," was preached. After the sermon I pre- sented each of the officers and men of the company, at the hands of our deacons, a copy of the Psalms and New Testament bound together and appropriately for the knap- sack. The congregation then sang A7nerica, and they sang with a will. On the evening of September 22 there was a union prayer meeting at the First Baptist Church. The day had been rainy, the walking was bad, and approach to the church difficult owing to street repairs, yet the house including the galleries was thronged. When the national Fast Day came the attendance upon morning worship in our church was larger than on any previous similar occa- sion, and at the social meeting in the afternoon the lec- ture room was well filled. CIVIL WAR TIME. 1 59 Lord's Day, August 31, 1862, was a memorable day with us. Just before the hour of morning service a mes- senger from the Mayor came in great haste, announcing the second defeat of our Union army at Bull Run, and the urgent need of hospital supplies for the wounded. This word was at once communicated to the congrega- tion. Dr. William Adams of New York, who was spend- ing the day with me, merely offered prayer and the assembly was dismissed. People hastened to their homes for articles which had been named from the pulpit. Boxes in large number were required, and soon filled the lecture room as well as the sidewalk in front. The sound of hammers resounded for awhile, but prayers went up amidst the confusion. Before many hours had passed a freight-train with various supplies was on its way to the scene of suffering. Early and late during the war pastoral sympathies were constantly and strenuously wrought upon. Calls and interviews now come to mind with painful distinct- ness. I remember a young mother — with her first-born child only three weeks old — weeping profusely at the thought of her husband's joining his regiment. As a gen- eral thing the women showed no less patriotism and read- iness for sacrifice than the men. In one home was a family of three widows ; also a young man of promise only eighteen, who enlisted. His mother, then absent, wrote me, " Why should my whole head grow sick and my whole heart faint in view of this new trial, when I have j5o ELIOT MEMORIAL. SO often felt the loving presence of my Heavenly Father's sustaining arm and have heard the whisper, ' As thy days, so shall thy strength be ? ' Our country is in peril and calls loudly to her sons to come forward and hold up the standard of Liberty. I will not shrink though it take my own, my precious first-born son, I can make no dearer offering and I would make it cheerfully." I went with the letter and read it to the writer's aged mother, the young man's grandmother. " Well," she remarked, " I am glad Lucy can give him up, and I am glad this is the sixth grandson that I have given up for the army." As one volunteer after another was making ready to leave home, or had reached that trying hour, there were fre- quent interviews with families and individuals, little keep- sakes to be passed, cheering words to be said, perhaps prayer to be offered. Mothers, wives and sisters found it hard to suppress tears as month after month of anxiety went by. The prevailing expression of countenance throughout the community underwent a change ; so, too, the rate of movement and general demeanor. There were only a few in our congregation who had not per- sonal occasion, more or less immediate, for solicitude about some regiment in the service. It required no effort on my part to enter into the feelings of others. When the Massachusetts Forty-fifth was mustered on Boston Common for the presentation of colors, thousands, literally thousands of friends were there for leave-taking. As the order was given to fall into line, I assisted my CIVIL WAR TIME. daughter in buckling the knapsack on to my only son. We kissed him good-by, a robust and cheerful young man. The next time we saw him he was haggard and prostrate with malarial fever brought from North Caro- lina. The whole number from our congregation in the army and navy was about fifty, of whom nine were only sons. Forty-two individuals of the congregation had brothers in the army ; two ladies had each a grandson ; another had five grandsons, and yet another had six. Eleven persons had sons belonging elsewhere than in Roxbury who enlisted. Fifteen of our friends lost rela- tives — two losing husbands, five losing sons, and seven losing brothers. But we heard of no desertion, nor any- thing dishonorable on the part of any of them ; we did hear of fidelity and bravery. One young man in his nine- teenth year wrote expressing a new-found Christian hope. He became hospital steward at Roanoke Island, and asked for religious books and tracts to distribute among the sick and wounded. Another young man, a member of our church, on board the Minnesota, in one of his let- ters said, " I have been engaged in battle on two occa- sions at Hatteras Inlet, and in an encounter with the Merrimac. I am expecting soon to be amidst scenes of conflict and death. I take this opportunity to inform you that I enjoy a blessed hope, which gives me great com- fort and peace of mind in the hour of danger. Yes, Jesus is precious to me. I believe that his precious blood has cleansed me from my sins and reconciled my sinful soul 1 62 ELIOT MEMORIAL. to God. I long to feel more fully the weight of those words of the Apostle Paul, " For me to live is Christ ; to die is gain." More than one death of our soldiers was due not to fatality on the field but to sickness in the hospital. Re- mains were brought home for interment, and a public funeral service took place. That of Sergeant J. D. Loker occurred early in January, 1863. The captain of the com- pany wrote : " He was an honorable, high-souled man ; one whom I regret of all others to see laid low ; " and the colonel also, " His death is a loss to the regiment that cannot be replaced." Later in the same month came the funeral of Robert M, Carson in the Mission Chapel. He was a man of truly excellent Christian character. The address on that occasion having been printed, a copy was sent to the Rev. Mr. Gage, chaplain at the hospital in Alexandria where our friend died. He read it as an afternoon sermon to the soldiers, who expressed so much interest that he sent for a hundred copies. After the first five hundred had been printed a friend in the Eliot Church ordered seventeen hundred more. " Them that honor me, I will honor." It was a noteworthy circum- stance that, up to this time, the three funeral discourses of mine which had been requested for publication were occasioned by the decease of perhaps the three obscurest members of the Eliot Church. But the most impressive mortuary service during this war came after the battle of Antietam. The remains of fourteen soldiers belonging SICKNESS AND ABSENCES. 1 65 to a Roxbury company were brought to one of our churches. It was an unusual sight to look down an aisle and see none but mourners in the crowded pews. A brilliant young nephew of mine, an officer in a Connec- ticut regiment, fell in that terrible engagement. I hardly need add that my constant personal intercourse with friends who had great interests at stake in the war, cor- respondence with many who were in the service, the news of disasters, sickness and deaths, occasioned insomnia and a disabling disturbance of the nervous system. 5. Sickness and Absences. If any man needs robust health it is the minister. He needs it in his study ; he needs it for the pulpit ; he needs it as a preventive to manifold morbid liabilities, both mental and spiritual. Insufficient muscular exercise and unwise brain work cost many a one his comfort and continued usefulness. The man who shall prepare an adequately effective book on clerical hygiene will be a benefactor of the profession and of the church. True, the pastor's ill-health may prove a helpful experience in promoting sympathy with the feeble and suffering mem- bers of his flock. If it fails of that, it fails of one most appropriate result, and to lose personally sanctified bene- fits of sickness is indeed a great loss. John Wesley could speak of a " friendly fever," and he learned how to be grateful for such a visitation ; " God does chasten me 104 ELIOT MEMORIAL. with pain," said he, " yea, all my bones with strong pain, but I thank him for all, I bless him for all ! " In bodily presence Paul was weak; and he speaks of his son Timothy's often infirmities. All along these eighteen hundred years the divine hand has laid many a minister on his back ; but has it not been that he might the more devoutly look upward.-* The sick room teaches some things that cannot be learned in the library, and one is to bear as well as to do. I make no profession of resemblance to Richard Bax- ter in more than a single respect. Referring to the man in the Gospel, who had an infirmity thirty and eight years, Baxter speaks of " The like discipline of fifty-eight years " in his own case. It is now fifty-eight years since my ordi- nation, and during that period there has been scarcely an entire week of entire health. During the time of my more active and more responsible pastorate (1842-187 1) I lost upon an average one day each week from sick-head- aches. Toward the close of his life, Rev. Sela B. Treat, a secretary of the American Board, told me that he had never had a headache. It seemed incredible. So, too, what Dr. John Pierce of Brookline, in his last sickness said to a friend, that for nearly forty years he had not known what it was to have a physical infirmity worth men- tioning; and not less in the life of Theodore Beza the statement that " He yielded up his spirit to God, A. D., 1605, Ae. 86. He used to say that he never knew what it was to have a headache." Occasionally the illness of SICKNESS AND ABSENCES. i6s which I speak was temporary, yet for twenty-four hours completely disabling. Sometimes it continued two and even three days. This, of course, reduced not a little the time and strength for active effort. It did not materially relieve the matter to be told that Basil suffered in the same way, and that Chrysostom, too, in his later years was subject to an inveterate headache. The chief resulting trial from this and other ailments was the interference with public duties. Interruption to pulpit and parochial labor, brief or lengthened, occurred repeatedly. The longest absence, that of fifteen months on a deputational visit to missions in India, was not, to be sure, owing to sickness, though encouraged by physi- cians as probably beneficial to health. It is to be ob- served that our Great Physician never consults us con- cerning the time or form of physical disabilities. One may groan without grumbling; but it must be confessed that I never attained to the experience of Thomas Adam (1701-1784), in whose "Private Thoughts" is this record: " Blessed be God for all his favors, and particularly for the special mercy of bodily pain." The chronic ailment above referred to in no wise interfered with various other special attacks. Soon after I commenced housekeeping there came a fever that kept me out of the pulpit for three months. Nervous prostra- tion and prolonged insomnia sent me to the West Indies for a five months' rest in 1851-1852. The same nervous disturbance occasioned a medical order the next year for l65 ELIOT MEMORIAL. a month's recreation in Virginia; and in 1862 a broken arm kept me the same length of time from preaching, till I was able to go into the pulpit with the invalid member in a sling. Three-fourths of the next twelve months ( 1 864-1 865) were lost to official labor by reason of a slow fever and neuralgia. A similar invasion of subsequent weakness led to a month's loss of working time. In the aggregate, two years' time was thus given up to invalidism. If a complete though unsavory enumeration of ailments were to be s^iven, mention would have to be made of pleurisy occurring twice, of frequent rheumatism, of chills and fever after exposures west of the Mississippi, and even an undignified whooping cough. A paroxysm would come on just before and just after, but happily never in the midst of a public service. A serious embarrassment resulted from weakness of the eyes. This seemed to be owing to the minute poison- ous dust which was encountered when crossing the Afri- can desert in 1854. Persistent inflammation of the eye- lids followed for years. It became necessary to employ an amanuensis, though an expensive luxury. For the last forty-six years most of my manuscripts, letters included, have not been in my own hand. Hence a good deal of undeserved credit has been imputed to me on the score of caligraphy. In a few instances sudden illness interrupted public services. Once in September, 1849, I was taken so ill in the midst of a morning's discourse as to be obliged to SICKNESS AND ABSENCES. 167 leave the pulpit and to be carried home. In two other instances, having occasion to deliver by request sermons on special subjects, I had to stop midway in the delivery. But each time Rev. Dr. J. O. Means, being in the pulpit with me, proceeded with the discourse, till by the use of smelling-bottles and other devices faintness so far yielded that I was able to resume preaching. At length came the consummate trial of professional life. It was not so much bodily suffering as a medical injunction enforcing silence in the pulpit. Sciatica had become excruciating. A Boston expert, in whose hands I had been for two months in the early part of 187 1, wrote me : " From long experience in such cases, I must tell you that it is my opinion that you probably will not get rid of it while you continue your mental labors. I believe it is not a simple local sciatica but a manifestation of deranged nervous system that absolutely calls for rest, protracted rest for the nerve centers, such as a long sea voyage could do, or some such absence from study, library and pulpit." After a thorough examination in May of that year by consulting physicians, Dr. John Jefferies gave his own, which was also a joint opinion : " He has an important disease of the nervous system, the nature of which renders it impossible that he should be restored to future usefulness, without an entire freedom from all men- tal labor and other exciting causes for an indefinite period of time. The tendency of his complaint is to in- crease, and it certainly will do so if he continues in those l68 ELIOT MEMORIAL. occupations which have occasioned his present illness. I consider perfect rest from ministerial labors and from study as absolutely requisite for his recovery." An ab- sence of fourteen months ensued, during which the ablest physicians in Edinburgh and elsewhere were consulted. A violent bronchitis set in. At one time while in Geneva, Switzerland, I gave up expectation of being able to return home. Meanwhile, as had been arranged with my hearty approval, Dr. B. F. Hamilton was installed colleague pas- tor, and on my return home anxiety regarding the pulpit was at an end. A finality also seemed to be reached when Dr. Bowditch, upon repeated examinations, advised me never to attempt preaching again, and that every winter should be spent in Florida, or some other latitude not less mild. It would be an unpardonable omission if there were a failure to speak of the kindness shown by the Eliot congregation during that third of a century. It was prompt and generous. There was a special overflow of kindness connected with seasons of suffering and debility. There were abundant tokens in flowers, in delicacies, in oral and written messages, in provision for pulpit sup- plies, and in pecuniary relief. The heartiness of greetings upon each return after an extended absence was memor- able. One instance occurs to me with special distinct- ness, when at a public reception an original hymn was sung, entitled, " A Welcome to our Beloved Pastor," be- SICKNESS AND ABSENCES. i6g " Thanks, O Father ! for thy mercy ; Here beneath thy temple-dome, With united voice we praise thee, Who hast led our loved one home ; Friend and Shepherd — Friend and Shepherd, To our souls' embraces come." The time will never come in this world or in the future world, when the good will and tenderness shown year after year can cease to awaken lively gratitude. CHAPTER XIII. COLONIAL CHURCHES. /. Vine Street Church. The existence of a Mission Sunday School and then of the Eliot City Missionary Society not unnaturally sug- gested the practicability of a new Congregational Church. I had come to entertain very decidedly the opinion that in every growing community there should be church sittings in advance of demand, and I urged this upon certain leading men year after year, arguing that two churches would grow as fast as if there were only one ; that an enterprising spirit is both an element and an earnest of blessing; that it would be disastrous for us to rest con- tent with a snug little Zion of our own. The imperative need of a movement became at length obvious, for our place of worship was full. Within the six months pre- vious to the formation of a new church more than twenty unsuccessful applications were made for sittings. At that time there were thirteen cities in Massachusetts. On the score of valuation Roxbury stood next to Boston. Prop- erty averaged over nine hundred dollars per capita, yet in regard to orthodox church accommodations we were at the bottom of the list. Ecclesiastically we were the weakest of the thirteen. Formal action first took place at a meeting of the church, February 6, 1857, ^Y ^^^ ^P' VINE STREET CHURCH. IJT pointment of a committee to consider the expediency of the proposed measure. At the next meeting it was unani- mously agreed to set apart the following Friday as a day of special fasting and prayer in behalf of a deeper spiritual life and of a blessing upon the contemplated enterprise. Public services were accordingly held on that day, fore- noon, afternoon and evening. At one of them a back- slidden brother made confession, frank and evidently peni- tent, of his delinquencies. Such an act usually furnishes evidence of the Holy Spirit's special presence. A large committee was then designated to take the steps required for constituting a new Christian brotherhood on Mt. Pleasant. That was a time of evidently growing religious interest among us ; and it has since been an occasion for gratitude that the Vine Street, now Immanuel Church, was born and baptized amidst a revival. May that feature of its origin prove an augury of its abiding character ! Appropriate preliminaries were soon completed. Twenty-six members of our church — a choice band, and including our most prominent office-bearer — formed the nucleus. In the letter dismissing them to a council, called for the purpose of recognizing the organization, there were honest words of tearful regret at the parting, and also the assurance of warm affection and a clear con- viction that the proceeding was demanded in the provi- dence of God. Said council met in our church ; there, too, the installation of the first pastor, Rev. J. O. Means, took place a little later. The Articles of Faith and the Covenant of this mother church were adopted. 172 ELIOT MEMORIAL. Soon after came an extended letter, " By vote and in behalf of the Vine Street Church : " " We thank you for your kind expressions of Christian love in connection with our dismission from your communion, and for the cor- diality with which you took part by your pastor and dele- gate in the doings and deliberations of the Council. We can never forget the tender farewell spoken to us by him whose ministrations it is your privilege still to enjoy; and our earnest prayer is that those ministrations may long be continued to you, and be blessed to your great spiritual enlargement and prosperity, and to the in-gathering of many precious souls now without hope and without God in the world." Never did a church of Christ come into being under circumstances of greater harmony or warmer recipro- cal good-will. A rich blessing came at once to those who bade Godspeed to departing friends. Within three months from that withdrawal the same number as had been set apart for the new undertaking were welcomed to the Eliot Church. When the first anniversary of the new brotherhood came round, more additions had already been made to the older of the two than the former has contributed all told to the latter. The growth, harmony and efficiency of the Immanuel Church have been a con- stant delight to friends on Kenilworth Street. HIGHLAND CHURCH. I 73 2. Highland Church. The gradual growth of the Sunday School and con- gregation on Parker Street occasioned great gratification, while it added not a little to my own cares and labors. Frequent visits were paid to that neighborhood, and especially to the center of operations. The reception given me at the Sunday School concert in September, 1864, recognized happy relations. There was a salutation with the singing of four stanzas which some one had com- posed for the occasion, the first of which opened, — "Welcome, welcome, Pastor dear, Welcome ever, welcome here ; Welcome to our homes and hearts." After the employment of an ordained city missionary commenced, one Sunday service with preaching was main- tained for the most part, successively in each of the two sections where city-mission work was carried on. Each of the two chapels built by the Society became the early home of a new church. Midway in 1868, Rev. Charles Mills, a wise man, a faithful and acceptable preacher, was engaged to conduct services on Parker Street. He soon gave his written opinion that the time had come for the organization of another church. Early in 1869 one of our prayer meetings was specially devoted to the sub- ject. At nearly the same time the Eliot City Missionary Society adopted a resolution that whenever a church is duly organized in connection with the Parker Street Chapel, 174 ELIOT MEMORIAL. the Executive Committee will recommend to the Society to transfer the property on that street to the new enter- prise. February 17, a letter requesting dismission to an ecclesiastical council was presented to the Eliot Church. It bore forty-three signatures. All the petitioners had been received during my pastorate, eighteen of them on con- fession of faith, and three I baptized in infancy. Mr. Moses Henry Day, whose name headed the list and who for eight years had been one of our deacons, spoke warmly in behalf of himself and others, of affection for the church and its pastor, the only pastor he had ever had. He re- peated a remark of a female friend who was in the orig- inal membership of the Vine Street colony, to the effect that her leaving was the greatest trial of her life. He could now say the same. One of the older and more prominent men in the retiring company expressed the same sentiment, stating that this was the sixth church with which he had been connected during a period of more than fifty years, and that this had proved the pleas- antest of all. In that group of two-score there were six nationalities represented, Norwegian, Irish, Scotch, Eng- lish, German and American ; and seven religious denomi- nations, Old Kirk and Free Kirk of Scotland, English Wesleyan, Lutheran, German Reformed, and Congrega- tionalist, besides one individual who had been a Roman Catholic. Such diversity, however, seemed not to interfere with harmony, at least there was no discord. Before the council met, one who had signed the request for dismis- WALNUT AVENUE CHURCH. 175 sion, Mr. Andrew H. Murk, died and his widow sent a request for remembrance in public prayer, as was then customary. The council for recognizing the church met March 3, and at the evening service I preached by request on the fundamental principles of Congregationalism. The Eliot Church had now again an experience of being weakened, and by the withdrawment of a larger number of members than in the previous movement. There was a mother's mingled feeling of satisfaction and of sadness, as when a beloved daughter gives the good- bye kiss on leaving for her new home of independence and larger responsibilities. The Highland Congregation and Sunday School began at once to increase, the latter enrolling over four hundred scholars and thirty-nine teach- ers. Rev. Albert E. Dunning was installed September 29, 1870, and remained pastor till December 25, 1880. His successor, Rev. William R. Campbell, came to the pastorate October 12, 1881. J. Walnut Avenue Church. The first swarm of bees is usually slow in leaving the hive. The next two swarms are more prompt. As re- gards the sentiment and movement of colonies the Eliot Church has found this true. We had been growing for nearly a quarter of a century before a kindred organiza- tion was formed on Mt. Pleasant. The sacred number of seven years thereafter had hardly gone by when I be- 176 ELIOT MEMORIAL. san to talk about another movement of the same kind. Our city mission work and the growth of our mission Sunday School on Parker Street naturally suggested a result similar to that on Vine Street. In 1865 the matter became one of a good deal of conversation, and the ques- tion was, Shall the next church be started on Parker Street or Walnut Street, since known as Walnut Avenue.'' It was not long before a question arose, Shall there not be two new churches } The latter was advocated at more than one of our regular weekly meetings in the year just named. In December the matter was referred to a com- mittee, which reported, on the 2 2d of that month, for substance that the population of Roxbury already ex- ceeded twenty-eight thousand ; that since the Vine Street Church was opened there had been an increase of about seven thousand ; and that in each of the two places of Congregational worship there were only a few sittings to be had ; that a Christian readiness to meet any new exigency by hearty and self-sacrificing cooperation would be a pledge of continued divine favor toward us. Three resolutions favoring church extension were adopted, one of which is the following : " Resolved, That while we should regret to part with so valuable a portion of our membership, we still hold ourselves ready, whenever mem- bers feel prepared to ask dismission with a view to being organized into a new church, to grant the same cordially bidding them Godspeed, pledging our sympathy and prayers, and feeling assured that we in turn shall enjoy WALNUT AVENUE CHURCH. 177 their kind and unfailing interest." This was something over three years before the Highland brotherhood — the first of two then in mind — received organized form. The favoring sentiment of the Eliot Church and a readi- ness to aid continued. In the meantime, indeed almost simultaneously, a sec- tion of our members were arranging for a similar move- ment on Walnut Avenue. It was inevitable that the pas- tor of any church should, under such circumstances, con- jecture that his continued presence was at least one occa- sion for such an unprecedented exodus in two directions. Prominent individuals were consulted. A written state- ment, avowing readiness to resign, if that would be for the interest of the Eliot Church, was submitted to a meeting of the deacons, and a perfectly frank expression of opinions solicited. The conference resulted in an indi- vidual and collective assurance that universal respect and nearly universal affection was felt for the incumbent ; that there was no reason why he should retire, and that such a step would bring disaster. One of the calmest and most conspicuous members said to me privately that if I re- signed he should sell his property and remove from the city, and that he was not alone in that conviction. In the Spring of 1868 a committee, appointed six months previously, reported recommending votes in favor of a church on Walnut Avenue, suggesting as a locality, " Near Munroe Street," and further that we would dele- gate some of our members, as well as invite the Vine 178 ELIOT MEMORIAL. Street Church to do the same, in furtherance of the measure. In the autumn of 1869 the daily papers an- nounced meetings that had reference to a Congregational Society in the neighborhood of Walnut Avenue. There was not only no quarrel, but there was no schism and no unfriendly feeling. We had repeatedly taken action ex- pressive of interest in the matter and of readiness for such church extension. Public worship was begun in Highland Hall on the first Sunday of October, 1870. Eighteen of the thirty-one teachers in our Sunday School, together with the superintendent and ninety of the schol- ars, and many others — among them the clerk and treas- urer of the pew proprietors, as well as six out of seven on the Prudential Committee — withdrew to the place named. It had privately been made known that the new enter- prise would " in no sense be a colony from the Eliot Church, and that no communication would be made to the church by those engaged in the movement, till they should ask for letters of dismission." An infelicity in the initial manner of this movement failed to interrupt our expectations and prayers for its success. December 9 seventy-one of our members were dismissed to a council called for the nineteenth of that month. At the afternoon session of the council Dr. Rufus Anderson made a state- ment that to the three younger brotherhoods of Boston Highlands the Eliot Church had dismissed a total of one hundred and sixty-six members, of which ninety-eight had been received by letter, and sixty-eight on confession of WALNUT AVENUE CHURCH. 179 faith, all of whom were received during the pastorate which began in July, 1842; that the admissions since that date had been five hundred and thirty by letter and four hundred and eighty on profession, in all ten hundred and ten ; that dismissions were also made to the Shawmut Church, Boston, the Harvard Church, Brookline, and the Church of Jamaica Plain, when they were organized, as well as subsequently to each of them ; but that notwith- standing these losses the Eliot Church and congregation were still larger than at the date before mentioned. The annual report of the Examining Committee of the Church for the year 1870, stated that while the superintendent, with more than half of the teachers and a large number of scholars in our Sunday School, were a part of the migration to Highland Hall October first, yet the subse- quent attendance had been the same as for the whole year; and further, that the attendance at our weekly church meeting during the same three months had not been below what it was for a considerable period previously. It was added that amidst the recent trial of parting with so many valued friends the tone of feeling in our church was of a gratifying character; that noteworthy hopeful- ness and harmony existed. Of the three hundred and eighty-five in our remaining membership more than one hundred and fifty were either non-residents or not worship- ping with us, thus leaving a virtual membership of only about two hundred. The aggregate of removals within less than two years l8o ELIOT MEMORIAL. was larger than ever left any church of our faith and order in the commonwealth in so short a period. It is also without parallel that, in the course of thirteen years any church of the same denomination in Massachusetts, if any one in the land, had sent out bodily three new churches, each a good-sized, vigorous band, giving promise of efficiency and success such as have followed. This is the more worthy of note, as between the years 1842 and 187 1 fifteen of our Congregational churches in Boston and the immediate vicinity had lost separate existence. It should be added that the relations of the Eliot and the Walnut Avenue churches have been cordial, that no pastor was ever more heartily welcomed to the neighbor- hood, or ever showed himself more worthy of universal affection than our Dr. A. H. Plumb, whose pastorate now exceeds a quarter of a century. Being requested to take part in the services of the twenty-fifth anniversary of that church, I was glad to re- spond, and, at the close of an extended address, was glad to say what might be said of each one in the four that compose our goodly Highland fellowship : For flattery I have no words; for congratulations, many words. In view of the prosperity and the reputation of this brotherhood, I give thanks, and bring cordial saluta- tion. It is understood that you are social without being socialistic ; that you favor Christian union without the infusion of unchristian elements ; that you are not eager to put on imported garments, some of them soiled, and WALNUT AVENUE CHURCH. some fatally infected. You know how to be courageously firm without being belligerent ; you propose to maintain " unity of spirit in the bond " — not in the bond of sand- rope laxity ; not by assimilating the reputed excellencies of destructive criticism, or the supposed good things in Brahminism, Buddhism, and Mohammedanism, but " en- deavoring to keep the unity of the spirit in the bond of peace." Numerous as are the tribes of God's true Israel, each has a standard of its own, and also a blessing pecu- liar to itself ; yet there is but one law, one altar of sac- rifice, one mercy-seat. You hold to a present universal priesthood of believers, not to sacerdotalism. You are not in the habit of limiting the grace of Christ to sacraments, nor of extolling the sacraments above the grace wh".ch may, and may not accompany them. Thank God this is a Church which does not concentrate thought exclusively upon itself ; a missionary Church that recognizes as neighbor the man who launches his boat on the Colum- bia or on the Rio Grande, on the Nile or on the Congo; on the Ganges or on the Euphrates. CHAPTER XIV. FELLOWSHIP ECCLESIASTICAL AND MINISTERIAL. While every Congregational Church claims parity of rights for each of its members, and its own parity of rights with every other church, it accepts as fundamental the right and need of fellowship between churches. No particular brotherhood can suitably administer its internal affairs and carry on its evangelistic work without regard to others of the same faith and order. There is a com- munity of interests and aims that makes a certain amount of fellowship obligatory as truly as fellowship within an individual church. No less true is it that if one member in a denominational group suffer, all the members suffer with it. The brethren at Antioch are sure to have need sooner or later of sending to the breth- ren at Jerusalem for counsel. If it is true that secular corporations have no souls, here is a sacred body that should be all soul — in quick sympathy with its fellow Christian bodies. Congregational churches in a given vicinity constitute by their very existence an Evangelical Alliance. Each is a divine society, controllable by no out- side authority save the authority of Him who is head over all things, yet each is under bonds, recognized though invisible, to maintain such fraternal intercourse as obvious relations require. Each separate organization is an eccle- FELLOWSHIP. 183 siastical individual supposed never to stand in conceited isolation, but gladly recognizing that " In the multitude of counsellors there is wisdom." Such cooperative pro- cedure is consistent with all reasonable independence. Each of the twelve tribes has its own distinctive standard and character, while there is but one host, one tabernacle, one altar and one mercy-seat. In the Eliot Church there has never been any seri- ous division and still less any quarrel. During the period now specially under review (1842-1871) there was no occa- sion to call a council except for the ordination and instal- lation of the second pastor. The church was, however, invited to one hundred and thirty councils — nine for the organization of churches; four for such organization and settlement of a pastor ; one for disbanding a church ; seventy-one for settlement of pastors ; thirty-three for dis- mission of one pastor and settlement of another ; twelve for other purposes. This church has shared regularly and profitably in organized fellowship, such as has been furnished since 1 86 1, at the semi-annual meetings of the Suffolk South Conference. At an earlier date there were less formal occasions of spontaneous neighborhood fellowship, which were a delight as well as decidedly helpful. For example, toward the close of 1866 the Vine Street Church joined us by invitation in a eucharist, recognizing the special grace of God to us that year. Just one hundred mem- bers had been added to our number that twelve month, 184 ELIOT MEMORIAL. sixty-nine of them on first public profession of faith. Now and then tangible tokens evinced Christian regard. In February, 1862, occurred the dedication of a little chapel built by a handful of Hollanders. Three languages were used in the service, two German ministers being present besides the Dutch pastor and half a dozen American Congregationalists. It was a heroic effort by which those few foreigners supplied themselves with a place of worship. We could not deny ourselves the privilege of expressing sympathy and giving some assistance. Men, women and children all told amounted to only a little over a hundred, yet during that cold season, a time of business depres- sion, and though strangers in a strange land, they built themselves a chapel. None of them received more than a dollar a day. Several had small sums in the savings bank. Some, if not all of them, withdrew their deposits and contributed the whole. After working hard all day they would fish for smelts by night in the Back Bay. A friend of ours supported for a time their excellent pastor, the Rev. Mr. Van der Kreeke. At the installation of Rev. E. E. Strong over the John Eliot Church of South Natick, I presented to that brotherhood, in behalf of the Eliot Church, Roxbury, a pulpit Bible and Hymn-Book ; and on another occasion our ladies presented a silver communion service to the beloved band which formed the Vine Street Church. These and like things confirmed pleasant relations, and called forth gratifying reciprocal expressions. FELLOWSHIP. 185 When Dr. Anderson and myself started (1853) on a deputational visit to missions in India, the Eliot Church handed us a letter of warm Christian greeting to churches in that land, which were under the care of the American Board. At the same time a member of the congregation gave me privately a sum of money to be spent at my dis- cretion on our mission fields. It enabled me to furnish, where there was special need, more than one native church with a plain sacramental service. In twelve in- stances the letter-missive, which had been translated into Marathi and Tamil, was communicated with the very happiest effect. The interval of more than ten thousand miles was no bar to a glow of spiritual fellowship. A reacting stimulus took place when word was sent home, " The churches of Asia salute you." Among pastors and certain other ministers there was much hearty and hallowed communion. Sometimes upon the suggestion of one in their circle who felt specially moved to that end, it took the form of a Retreat. Such private reunions for prayer, for the contemplation of Scrip- ture truth and the unfolding of personal experience, were peculiarly sacred. Heart touched heart as at no other time. With a little less freedom, yet without publicity, were such gatherings as, for example, that of a pastoral association of Boston and vicinity, in January, 1847. ^ day was devoted quietly to associated prayer with fasting, in the vestry of Old South Church. Coming together at ten o'clock in the forenoon the brethren remained in ses- l86 ELIOT MEMORIAL. sion, except a half-hour's recess, till past the middle of the afternoon. It was a day memorable for earnestness, freedom and tenderness of religious intercourse. The savor of holy sympathies that were awakened, and the descent of magnetism from beyond the clouds, were a lasting benediction. Pulpit interchanges were one obvious form of fellow- ship, a fellowship at once clerical and semi-ecclesiastical. Such exchanges were chiefly with brethren in the neigh- borhood, and for only one of the public Lord's Day ser- vices. When such exchanges were with Drs. N. Adams, Kirk, Plumb, Laurie, J. H. Means, and J. O. Means, special gratification was pretty sure to be expressed by many in the congregation. The prevailing sentiment seemed to be what is embodied in a Tamil proverb, " No matter who pounds it if it is rice." Occasionally an arrangement for both parts of the day occurred and with a brother at some distance. In such cases I always went the Saturday before. On the way to Braintree for an exchange with Dr. R. S. Storrs, Sr., I encountered a specimen of supreme Yankee inquisitiveness. A seat- mate in the car asked : " Stop at Braintree } " " Yes." " Know Dr. Storrs ? " " O yes ! " " Smart old man. Does he preach at home tomorrow ? " " No, I exchange with him." " Well now, I reckoned you was a preacher when I first saw you. Where do you preach when you are at home ? " " Roxbury." " Pshaw, I married in Rox- bury. What name might you have ? " " Thompson." FELLOWSHIP. 187 " D' ye know Anderson ? Smart fellow." At that moment the conductor called out Braintree to the relief of at least one passenger. In one instance an unusually unin- teresting minister occupied our Eliot pulpit in the fore- noon, and it was supposed would do so in the afternoon. A lady declared it was unendurable, and she must have something better. Accordingly under a broiling July sun she walked to the Pine Street Church, then the nearest in Boston, in order to hear Dr. Austin Phelps. To her dismay, she had to listen to the same preacher and the same sermon which disgusted her earlier in the day. Petty embarrassments would sometimes occur, owing to a want of uniformity among our churches in the order and number of parts in a service. In one instance there being needlessly two different collections of hymns at hand, I made selection from the wrong book. At one period and in one of the city churches it was customary for a leading man in the musical world to select a hymn to follow the sermon, and place the number in conspicu- ous figures on the front of the organ. The preacher, whatever his own preference, was expected to accept this annoying dictation. On an exchange a note from one of the pastors ran as follows : " Our choir can sing anything you may select, with about equal bad taste, dis- cord and confusion." Of preachers who at my request kindly occupied the pulpit, making a noteworthy impression, several come to recollection with special distinctness. Some of them were 1 88 ELIOT MEMORIAL. foreigners, as Pastor Fisch of Paris ; also Rev. Mr. Chal- mers, a nephew of Dr. Thomas Chalmers, a member of the Deputation from the Free Church of Scotland, soon after the disruption. We took up a collection in aid of their sustentation fund. Twice we had the pleasure of listening to Dr. Lord, President of Dartmouth College, one of whose sons was at that time worshiping with us- Rev. William G. T. Shedd, d. d., ll. d., then a professor at Andover, preached for me two or three times. He had but little action ; was perfectly free from everything mere- tricious and apparently from all thought of himself. He furnished a fine illustration of the power of lucid thinking and cogent reasoning, clothed in language devoid of a single superfluous word, to hold the fixed attention of every one in the congregation. The last time Dr. Lyman Beecher preached for me he exhibited some of the signs of advanced years. Of oratorical graces there were none ; but once well on in his discourse, up went the spectacles to the top of his head, and up roused the slumbering giant to something of his earlier force and to the evident gratification of all present. After the service I accompanied him to the porch, where his old friend. Dr. Anderson, gave the greet- ing, "Dr. Beecher, may you live forever!" "I 'spect to," replied the old man. Most of the returned foreign missionaries, who accom- panied me to the pulpit, were heard with great acceptance. Such, for example, was Dr. Lindley from South Africa. FELLOWSHIP. 189 Dr. Thomas Laurie was always listened to with marked attention and profit. He had been supplying the pulpit when I came to Roxbury in 1842, and was then under appointment as a missionary to Persia. Although he had not quite attained to majority, he was a man of power. The same characteristics as a preacher showed them- selves then as after his return and in the later years of his ministry — modesty, self-forgetfulness, an ardor glowing in his own soul that kindled responsive warmth and even fire. North Britain has perhaps sent no man to this country who brought more of the Ingenium praefer- vidum Scotorum. Several of the most intelligent mem- bers of the church have told me that they were never so much moved and elevated by the unction of any man's prayers as by his. Another was the Rev. Dr. William Goodell of Con- stantinople, when at home on a furlough. He made no attempt at oratory. His style was chaste. Seriousness and earnestness characterized every part of the service. At the same time an occasional sub-tincture of quaint- ness or of unpremeditated humor would relax the features of a delighted audience. No listener could forget him or forget the Turks. I said to him, " Father Goodell, what is to be the future of the Turkish Empire .? " " That," said he, "is a question I put to Lord Stratford de Red- cliffe, and his answer was, ' It depends very much upon the divine decrees.' " Dr. Daniel Poor, after reaching home on his furlough^ 190 ELIOT MEMORIAL. spent the first Sabbath with me. Being introduced to the audience, he rose and without naming chapter or book said, in a clear tone and with much deliberation, " The churches of Asia salute you ; " turning to the right, " The churches of Asia salute you ; " then again to the left, " The churches of Asia salute you." By that time old and young were ready to rise from their seats and return the salutation. " First Corinthians, sixteenth chap- ter, nineteenth verse," was announced as the text ; and the most riveted attention was given him till the Uose of a narrative discourse. Six years after that, as suffering from sick-headache I reclined on a lounge at Manepy in Ceylon, Mrs. Poor, who had just become a widow, placed a pillow under my head and observed, " You are lying where Dr. Poor died." His last whis- pered words were, " Joy, Joy ! Hallelujah ! " and I thought. What a salutation must ransomed natives have given the dear man as he joined them on high ! BIOGRAPHICAL SKETCHES. CHAPTER XV. BIOGRAPHICAL SKETCHES. The history of any church or society without pen photographs of prominent members will be incomplete. Such members never fail to give tone to an organization, and especially in its earlier days. Modification of the type first taken on is seldom effected soon. In the primitive years of the Eliot Church and Society leading men were characterized by superior intelligence and sound judgment. The lists of individuals which follow are by no means exhaustive of names entitled to commemora- tive record. They are arranged with regard to corre- spondence in position, profession, and the like, or with regard to the order of time. Material at hand has had influence in determining the selection of names. It will be particularly noticed that these friends were in the church or congregation prior to the autumn of 187 1, at which time Dr. B. F. Hamilton became the associate pas- tor. Some of them remained here for a longer or shorter time after that date. THE DIACONATE. The Congregational churches of New England have from the first owed much to those holding this office. No set of men, save ministers of the Word, have as a 194 ELIOT MEMORIAL. whole been more efficiently useful to the community in affairs both sacred and secular, or better entitled to con- fidence and respect. The earliest of all in colonial days was Samuel Fuller. He had held the office in John Rob- inson's church at Leyden, and became a prominent man in the church of the Pilgrims at Plymouth. His medical services were called for in the two colonies on our coast, and by conferences with Governor Endicott he did more than any other layman to give a Congregational form to the First Church of Salem. William Gager, the first dea- con of the First Church in Boston, the principal physician and surgeon in the town at that time, was a man of firm faith and irreproachable life, for whom the proper authori- ties provided a house and salary at public charge. Mat- thew Gilbert, the first man chosen to this office by the First Church in the New Haven colony, was afterwards Deputy Governor. The late Governor Buckingham of Connecticut held this office for many years ; so did Gov- ernor John Treadwell, the first President of the American Board, as well as Thomas S. Williams, Vice-President of the same institution. President of the American Tract Society, and also Chief Justice of the State. Associated with him in the Center Church, Hartford, was Governor William W. Ellsworth. One reason why no more men held this position dur- ing early New England times, is that for several genera- tions there was supposed to be an incongruity between such a position and a civil or military office, so that no THE DIACONATE. ^95 one could hold office in town or state and at the same time hold this office in a church. But later came a change of sentiment and hence such men in the neigh- boring state as have been mentioned were church offi- cers. In other sections the same has occurred, as for instance in the case of Governors Fairbanks and Page of Vermont; Hon. T. W. Thompson, United States Sen- ator, and Hon. Samuel Morrill of New Hampshire ; Gen- eral Henry Sewall of Maine, one of Washington's body- guard, and Governor Dunlop. The Commonwealth of Massachusetts has had similar representative men, as Hon. Ichabod Washburn, Hon. William B. Bannis- ter, Hon. W. J. Hubbard, Judge Hooker, and Lieut- Governor William Phillips. But whether enjoying wide reputation or not, such officers have, as a body, been public spirited men, right-minded and invaluable. The wealth of nations as of churches is their truly able and saintly men. The diaconate, if not essential to the very being of a church, is essential to its well-being. Like the original goodly group of seven at Jerusalem, the office- bearers here have been men worthy of commemoration in local annals. I. ALVAH KITTREDGE. No man was more efficient in the preliminaries which led to the formation of the Eliot Church than Mr. Kit- tredge. A plan for the gathering of an evangelical Con- gregational brotherhood in Roxbury was discussed in 1833; and when Mr. Kittredge removed to the place in 196 ELIOT MEMORIAL. the summer of the year following, his house became the rendezvous for those who were interested in the proposed enterprise. His house remained always most hospitable. The first meeting of the Eliot Society was called to order by him, and as chairman of a committee he pre- sented a code of by-laws for the government of the same. From that time onward during many years he held office of some kind in the Society. He was chosen one of the first two deacons of the church, November 6, 1834, and for over two score years faithfully discharged the duties of that office. He was chosen superintendent of the Eliot Sunday School at the time of its organization, a position which he had held for seven years in connection with one of the largest similar schools in Boston. In this oi^ce he continued for a quarter of a century, and on retiring from that post (1859) he took charge of a Bible class of young ladies, which was retained by him till the day of his death, at the age of seventy-seven. Mount Vernon, N. H., was his birthplace. There was never occasion to record against Mr. Kit- tredge needless absence or tardiness at any engagement, secular or religious. During the first eight years of the Roxbury City Government he was a member of the Com- mon Council or the Board of Aldermen. He was one of the chief originators of our beautiful Forest Hills Ceme- tery, earnestly advocating the purchase of a tract of land for that purpose. He was for fifteen years Chairman of THE DIACONATE. [97 the Commissioners, and then President of the Board of Trustees till his death. From the first his time was largely devoted, and at length almost exclusively devoted to the cemetery. For many years he was superintendent of that attractive place of sepulture, and all his services were entirely gratuitous. His own interment there did not occur till more than fifteen thousand interments had taken place in the same sacred inclosure. The total number of interments up to the present time exceeds thirty-one thousand. Mr. Kittredge was an unaffectedly modest man — never forward, yet never shrinking from duty. Decided without being opinionated he was acknowledged to be a wise counsellor, and one of the very pleasantest of men to work with. His smile, frequent and genial, lighted up a countenance always pleasing; but he never laughed boisterously. Before his decease he had seen over twelve hundred welcomed to membership in the Eliot Church, and an aggregate of nearly a thousand gathered into the three young church families, which went out from this central home. Mr. Kittredge was a humble, devout, consistent Chris- tian. The great spiritual crisis took place when he was twelve years of age. He himself, his family, the Eliot Church, and the world at large owe not a little to a believing New Hampshire mother. 198 ELIOT MEMORIAL. 2. WILLIAM G. LAMBERT. Another of the two officers first elected was Mr. Lambert. He came from Rowley at sixteen years of age, having prepared for college, but weak eyes obliged him to give up study. He first connected himself with the Park Street Church. His services and influence in the Eliot Church were highly valued, and when he removed to New York (1839) no little regret was felt. Deacon Lambert was one of the original members of the Broadway Tabernacle Church in 1840. Connected with his removal from the Eliot Church there was a pecu- liarity. The letter of recommendation bore date August 7, 1840, but Deacon Lambert's formal resignation of the office which he had held did not take place till the fol- lowing year, 1841. By the transfer of membership the official position lapsed necessarily. No one can properly hold that office in a church of which he is not a member. The mistake on the part of Deacon Lambert was that in requesting dismission he did not at the same time com- municate his resignation of office. In New York, Deacon Lambert held many respon- sible positions in financial and commercial enterprises. He was one of the founders of the Equitable Life In- surance Company. Not long after removing to that city he joined the First Presbyterian Church in Brooklyn, but subsequently renewed his connection with the Tabernacle Church, and there held the office of deacon for many THE DIACONATE. 199 years, indeed till his death, December 24, 1882. Among the resolutions adopted by the church in New York at that time are the two following : " Be it Resolved, That while we mourn our loss, we give hearty thanks to our Heavenly Father that he has so long spared to us a beloved and revered office-bearer, and favored us for so many years with his presence and counsel, preserving him to a good old age with all his faculties in vigorous exercise, so that, in spite of his more than four-score years, we can almost say of him as of the Hebrew lawgiver, ' His eye was not dim, nor his natural force abated.' " Resolved, That we cherish Deacon Lambert's memory as a wise counsellor, a faithful friend, an earnest worker in the church, and an humble, consistent follower of the Saviour." ' 3. HENRY HILL. Three years after the church was organized Mr. Henry Hill became a member. He came from the Park Street Church, where his position was one of prominence,, and not long after removing to Roxbury he was elected deacon in this new connection. He was then in the prime of life, having been born in Newburgh, N. Y., Jan- uary 10, 1795. Owing to a change in his father's business, he relinquished preparation for college, on which he had been engaged for more than a year, and removing to New York City, became at fifteen clerk in a large mer- cantile house. Insteajd of attending the theater and other places of amusement, he devoted himself to acquiring ' Year-Book of the Broadway Tabernacle Church for 1 882, p. 7, ELIOT MEMORIAL, the French and Spanish languages, in both of which he became proficient. His capacity for business and his sound judgment were early developed ; hence at twenty years of age he went to France as supercargo to pur- chase silks and other goods in Paris, and two years later was sent as agent of his firm to Buenos Ayres and Chili. Mr. Hill's religious life and his kindliness were also early developed. On the voyage to South America, he gave lessons to the sailors in reading and writing ; dis- tributed Bibles and tracts among them ; conducted a religious service on deck every Sunday when the weather allowed, and at times visited the forecastle to read and talk with the men. At Valparaiso he established a mer- cantile house — his accounts being kept in Spanish — and was soon appointed United States Consul for that city and Santiago. During the three and a half years' residence at the former place, he traveled extensively, and must have been one of the first men, if not the very first from our country, to make a trip on horseback across the Andes. On returning to the United States, Mr. Hill had tempting offers of business arrangements in Peru and New York ; but he was desirous of finding some position more directly connected with the cause of Christ. Divine Providence opened the way for his appointment as treas- urer of the American Board, and accordingly he removed to Boston (1822) one year after its incorporation as a city. THE DIACONATE. 20I For that office his business tact and wide business acquaint- ance qualified him eminently, and during the thirty-two years that he held it more than six millions of dollars passed through his hands. On retiring from the post at sixty years of age, he made a thank-offering to the Board, that he had had the privilege of serving so long as its treas- urer. The amount was two thousand dollars, a sum not saved from his salary, but accruing from another source. As a member and officer of the Eliot Church, Mr. Hill was one who neither gave nor took offense. Always in his place he was neither officious nor backward. He maintained a happy medium between coldness and exces- sive emotion. In council calm, clear, judicious, he mani- fested no conceit and no irritability. As one of the orig- inal members of the Vine Street, now Immanuel Church, he took a leading part in its formation and its early growth. One of his memoranda relative to leaving our connection reads as follows : — "I was perhaps too happy there. . . To leave that home of my choice, my pastor, my brother deacons, the Eliot Church and Society, friends such as I never expected to find again this side of heaven. Oh ! if I ever made a sacrifice it was when I consented to join the little band of twenty-six to form the Vine Street Church." Socially, Mr. Hill was never frivolous, but always genial and a most agreeable companion. The Eliot Church has, perhaps, never had a member who more happily combined gentleness and decision, or who was 202 ELIOT MEMORIAL. more truly a Christian gentleman. He was a man of great regularity in habits of industry, temperance and general self-control. Ardent spirits, tobacco, highly sea- soned and very rich diet he eschewed. Such regimen contributed largely no doubt to his serene and beautiful old age. He lived ninety-seven years. 4. REV. WILLIAM WARD DAVENPORT. " They that have used the office of a deacon well purchase to themselves a good degree." That was em- phatically true in the case of Mr. Davenport. He was for five years a deacon in the Eliot Church, and by universal consent filled the office with unusual wisdom and accept- ance. That a " good degree " followed will appear in the course of this sketch. His parents were valued members of the Old South Church, Boston, his mother being a daughter of the Rev. Ephraim Ward of West Brookfield, Massachu- setts. Upon graduating from the Franklin Grammar School and the English High School, Mr. Davenport re- ceived in each instance a medal for excellence in scholar- ship and deportment. A voyage to China and another to Batavia gave him some personal acquaintance with busi- ness in foreign countries. As civil engineer he was en- gaged in the primary survey for introducing the Cochit- uate water into Boston, after which he entered a whole- sale dry-goods house, where he remained as clerk and then as partner for about twenty years. THE DIACONATE. 2 03 His religious character took its coloring in part from deep conviction of sin and a clear apprehension of free forgiveness through the merits of Jesus Christ. The great truths of our holy religion, including righteous con- demnation for sin, the need of regenerating grace, of holy living, and a love that leads to Christian activities, held a controlling and ever-growing influence over Mr. Davenport, No pressure of business cares interrupted his religious endeavors in neglected sections of the city. He also con- ducted prayer meetings and other religious services in the Mariner's Church, the State Prison, Chelsea Hospital and elsewhere. For a series of years he was Secretary of the Boston Sabbath School Union and wrote its annual reports. For yet a longer period he was Secretary and Director of the Penitent Female Refuge, where he con- ducted on the Lord's Day a service, and where a week- day service begun by him still continues. The prayer meeting which led to the formation of Shawmut Church was one in which he took an active part. On removing from the Old South Church to the Eliot Church in 1848, he was at once recognized as a highly valuable accession. Always ready for any appro- priate share in devotional meetings and outside labors, he was never obtrusive, never given to talking about him- self or his own doings, but modest, discreet and earnest. He early took charge of a Bible Class of young men, which was conducted with great profit to them. Even- ings which brought no special engagement, and other 204 ELIOT MEMORIAL. spare hours, were given to a devout and careful study of God's Word. Upon the retirement of Mr. Henry Hill from being an office-bearer, 1857, there was a prompt unanimity in electing Mr. Davenport to the place. Wise in counsel, punctual in all engagements, he enjoyed the confidence and affection of all. At length Mr. Davenport came to me for consultation in regard to preparing for the ministry. Without re- ceiving discouragement he was advised to let the decision depend upon a clear, divine intimation whether it favored or dissuaded. The main elements that constitute a call of God to the work were discussed. Two months later he became fully convinced that, although forty-two years of age and engaged with agreeable associates in an easy business that promised an accumulation of wealth, he set his face toward the sacred office. More than two years were devoted to a course of study similar to what was pursued at our theological seminaries. The Greek grammar was mastered and portions of the New Testa- ment were read in the original language. The study of Hebrew was begun, and some acquaintance with parts of the Old Testament in that tongue was secured. System- atic Theology received special attention ; also Homiletics. Nor was Church History neglected. On these lines an hour was spent with me six days in the week for the period just named. It was a special advantage to Mr. Davenport that he had a well trained, logical mind ; that for many years he had cultivated the habit of a careful THE DIACONATE. 205 use of the pen, contributing articles to religious papers and to the Panoplist, of which he was at one time the editor. Not long after licensure by the Suffolk South Asso- ciation of ministers, he supplied the pulpit of one of the most prominent city churches in New England, for a single Sabbath, the pastor being absent. The people at once took action — an unusual thing — passing a com- plimentary vote and communicating the same to him. In 1 86 1 he was ordained and installed pastor of the Con- gregational Church in Danielsonville, then the largest rural church in Connecticut. There he remained an acceptable and successful preacher as well as devoted pastor for fully seven years. By general consent Mr. Davenport was a godly man, unswerving in loyalty to the doctrines of grace, but kindly considerate of the feelings of those who differed from him. He was highly esteemed by neighboring min- isterial brethren. He took broad views concerning the sphere of clerical duty ; foreign missions had a warm place in his thoughts, and he became a corporate mem- ber of the American Board, But his chief aim was to " Feed the flock of God," to which he had been set apart as shepherd. A member of that flock spoke for more than one when he pronounced Mr. Davenport, " The most instructive preacher I ever heard." But health be- gan to fail. Pulmonary disease, to which there had been an obvious liability, was developed. Under medical advice 2o6 ELIOT MEMORIAL. he went to Pau in France, where, after a few months, he died. May 20, 1870, in the fifty-fifth year of his age. When the vine-clad hills of southern France shall give up their dead, there will be early witnesses to Christ's cross and crown, martyrs of primitive times, but no one of that age or any subsequent period more intelligently and firmly grounded in Christian faith than our friend and brother. 5. ANDREW S. MARCH. Mr. March was born in Portland, Me., February 27, 18 1 1, and was baptized in infancy by Dr. Edward Payson. His widowed mother placed him when twelve years of age in a dry-goods store in Portland. Not long after that he came to Boston, and was employed by one of the larger dry- goods concerns of this city. On attaining majority he en- gaged in business independently with James M. Whiton, and the firm of Whiton & March was well known for many years. Mr. March, coming from Park Street Church, was also one of the original and highly esteemed members of the Eliot Church. His services in the diaconate were from 1845 to 185 1, when he removed to West Roxbury. He was a man of even temper, of marked self-control ; a peacemaker endowed with a happy tact in reconciling differences, both in the church and in the political caucus. By knowing what not to say, and by a conciliatory and shrewd way of putting things, he would generally succeed in carrying a point with- THE DIACONATE. 20/ out losing the respect or good will of others. In domestic life his manner was invariably equable, gentle, and yet accompanied by a decision that secured willing deference. He once told the writer that on making public profes- sion of Christian faith he resolved never to shrink from any duty imposed upon him. His fidelity and punctuality could be depended on. Whatever uncertainty there might be regarding any other person, there was none regarding An- drew March. One characteristic incident showed the man. Leaving horse and sleigh for a moment at the door one cold evening — the evening for the stated church meeting — he stepped into the house to get a robe. Returning, he found horse and sleigh were gone. He then started a man-servant in one direction ; stopped on his way at the house of a brother-in-law, whom he started in another direction ; and with quick step was just in season at the chapel. About to open the door he cast a glance toward the neighboring shed, and there saw horse and sleigh in the familiar stall. The animal had formed a sympathetic habit and knew where to go when church-meeting night came round. Mr. March removed to West Roxbury in 185 1 and con- nected himself with the church in that place. One street there bears his name, and beautiful trees of his planting witness to the public spirit and good taste of the man. He was never robust. A pulmonary attack would not at any time have seemed unnatural. It was while engaged in service for the public that he took cold. Upon medical recommendation he went South, but no alleviation followed 2o8 ELIOT MEMORIAL. and he reached home only forty-eight hours before departure to the " land that is very far off." He could utter but a few words to wife and children : " Though I walk through the valley of the shadow of death I will fear no evil ; " "I am persuaded that neither death, nor life, nor angels, nor princi- palities, nor powers shall be able to separate me from the love of God which is in Christ Jesus our Lord." Then looking up — " Jesus, lover of my soul, Let me to thy bosom fly." That flight he took December 22, 1854, at forty-six years of age. His son writes : " The remains rest in the Forest Hills Cemetery, his lot being beside the lot of his dear friend. Dr. A. C. Thompson, and that of Deacon Alvah Kittredge." 6. EDWARD B. HUNTINGTON. In the order of seniority Mr. Huntington was the sixth entrusted with the office of deacon (1856-1871) and so far from any one regretting the choice there was universal satisfaction. He was kind, courteous, faithful, punctual in attendance upon religious services ; never obtrusive, yet always ready to accept his share of responsibility. He was born in Norwich, Connecticut, June 18, 1806. After school- days were passed he went into a New York hardware store for a year or two ; then with a friend went into independent business and was successful. He joined the Mercer Street Church, in the pastorship of Dr. Thomas Skinner. He was THE DIACONATE. 209 regarded as a man of excellent judgment and his counsel was sought in matters of difficulty. Mr. Huntington left Boston in 1872, his health being much impaired. One winter was spent in Aiken, South Carolina, and another in Florida ; but the harassing cough which had come on was ominous. Strength failed rapidly, and his sixty-ninth anniversary of birth (June 18, 1875) was his birthday into the city of our God. His last days were days of complete calmness and serenity, sweetness of temper and resignation. The mortal resting-place is beside that of two children, Susan and Edward, in our beautiful Forest Hills Cemetery. Mr. Huntington was not of a joyous temperament. He suffered in later life not infrequently from depression of spirits due to heredity. A tender conscientiousness became apparently morbid at times and a too severe introspection was maintained. He was gentle and sensitive, cherishing a high standard of integrity and Christian living, a devoted parishioner and interested in all church concerns. The cause of missions commanded a lively and abiding interest. This was in some measure a family characteristic. His pater- nal grandmother. Faith Trumbull, was a daughter of the first Governor Trumbull, and his father, Dea. Jabez Huntington, was a son of General Jedediah Huntington, one of the nine original corporators of the American Board. Miss Sarah L. Huntington, who became the wife of Dr. Eli Smith, the well known missionary in Syria,' was a sister. ^Memoir of Mrs. Sarah L. Huntington Smith, late of the American Mission in Syria. By Edward W. Hooker, d.d. Third Edition. 2IO ELIOT MEMORIAL. Mr. Huntington gave me (i860) a list of forty-six clergy- men bearing the family name. They represented five gen- erations, and were descended from the two Huntington brothers, who went in 1660 from Saybrook to Norwich as pioneers. The widow of Simon Huntington was a member of the church to which John Eliot ministered. 7. MOSES HENRY DAY. Mr. Day was one of the few natives of Roxbury — where he was born July 9, 1832 — who became prominent in the Eliot Church. His immigrant ancestor was supposed to be Robert Day, of Ipswich, who came from England in the "Hopewell," 1638. Mr. Day prepared for college at the Roxbury Latin School, and graduated from Harvard 1853. He then immediately devoted himself to business and before long was manager of the manufacturing department of Sewell, Day & Company's cordage establishment, and later president of the same. In that position he continued through remaining life. Unquestioned integrity and honor marked his entire business career, as was true of each mem- ber of the firm, which included his father — a man of invent- ive genius, and one of its founders — and a younger brother, Mr. William F. Day. No business concern of Boston, and probably no other in the country, has shown a more uniform and wise regard for the welfare of employees, by encouraging all good habits and by kindness to them as well as to their families. The men were instructed to be cautious in lan- guage and action. No profaneness was allowed on the THE DIACONATE. 211 premises. Only the best quality of goods, honestly made and honestly labelled, were accepted by the firm or delivered to purchasers. As a natural consequence, their products were in wide demand and gave unvarying satisfaction. As might be expected, the several members of the corporation were loved and honored by the workmen, and the wheels of business were never stopped by strikes. The company had in their employ at one time forty persons who had worked for them ten years, of whom ten had been in their service for twenty years ; five for thirty years ; three for forty years ; and two between fifty and sixty years. Honesty and kind- ness pay well. Mr. Day held various trusts, as Bank Director, Presi- dent of the Institution for Savings, Trustee of the Roxbury Latin School, examiner in Latin at Harvard Colles^e, and a Councillor and Alderman in the City Government. For ten years (185 7-1 867) he was a Deacon of the Eliot Church and for twelve years (i 869-1 881) held the same oflfice in the Highland Church, and in the latter was, for an equal period, Superintendent of the Sunday School. He was a man of simple tastes who found his chief happiness at home with his family, where as a father he showed peculiar kindness and devotion to the children, yet requiring and securing implicit obedience. In all positions and relations, while conservative and firm, he exhibited a charitable disposition, and without being imperious was a man of decision. Failure of health occasioned a voyage to Europe. The tour, however, brought little relief, and returning to Boston he entered into rest January 17, 1882. 212 ELIOT MEMORIAL. 8. LUCIUS HAMILTON BRIGGS. Mr. Briggs was anything but a fighting man, though a descendant from military men. Jeremiah Stiles, his maternal great-grandfather, was a captain in Col. Paul Dudley Sargent's regiment at the Battle of Bunker Hill. He made the official report to Congress, then sitting in New York, on the death of General Warren. Captain Stiles was afterwards a portrait painter and civil engineer, holding various offices in the town of Keene, N. H. He was a delegate to the convention at Concord (1778) for forming a State Constitution, and was elected a member of the Committee of Safety (1776). With two hundred others he then signed the following declaration : — "We, the subscribers, do hereby solemnly engage and promise that we will, to the utmost of our power, at the risque of our lives and fortunes, with arms oppose the hostile proceedings of the British fleets and armies against the American Colonies." On the father's side Mr. Briggs was at an equal remove from Eliphalet Briggs, an officer in the Indian wars. No less loyal in spirit and no less ready for self-sacrificing service than they, he was, however, eminently a man of peace. Mr. Briggs was born at Keene, N. H., November 4, 1811, and received his education in the public schools of that town, after which he entered into business there. Subsequently he became a business man in Boston (1847). ^^^^^ ^^^^^ (January, 1873), Mr. Briggs was chosen General Agent of THE DIACONATE. 213 the Roxbury Charitable Society, a position for which his warm sympathy with the poor peculiarly fitted him, and which he held till 1886, when ill-health obliged him to resign. That Society, instituted in 1794, and incorporated February, 1799, is one of the older benevolencies of our country. The Hon. John Lowell was its first president. For many years the income and the demands for aid were comparatively small ; and at length by the failure of the Rockland Bank, an accumulated fund was almost entirely lost. Since then, however, handsome bequests and gifts have furnished a permanent fund of more than one hun- dred and sixty thousand dollars ; while charities disbursed from the first to the present time do not fall short of three hundred and fifty thousand dollars. The require- ments for 1894, for instance, were very heavy, owing to the fire in May of that year, which rendered nearly four hundred families homeless. In 1896 seven hundred and thirty-one families, representing twenty-seven hundred and forty-seven individuals, received aid in the usual forms of clothing, furniture, fuel, provisions, etc. Work is supplied at the wood-yard, and an efficient dispensary department is maintained. Mr. Briggs was a man of cheerfulness, kindly dis- posed, prompt and faithful in various relations and duties. Nothing but sickness could keep him, for instance, from church meetings. More than once he told me that, how- ever wearied he might be by a day's work, the hour of 214 ELIOT MEMORIAL. fellowship in the chapel always rested and refreshed him. For many years he had a Bible Class of lads and young men in the Sunday School. In the family no one could be more affectionately thoughtful than he, seldom com- ing home after business hours without bringing some little token, usually a flower. On coming to Boston he was connected successively with the Pine Street and Park Street Churches, and then removing his connection to the Eliot Church (1858). After thirty-one years of membership with us, and twenty- eight years of service as an office-bearer, he fell asleep, April 17, 1889, having enjoyed the full confidence of all, that he was indeed a " good man." 9. JOSEPH RUSSELL BRADFORD. In the book of Judges it is said of a certain place, "There was a strong tower in the city." In each city where Mr. Bradford lived at different times, Boston, Roxbury, and Cambridge, the same may be said. As a Christian man he was a tower of strength. It was not till just midway in life, when thirty-five years of age, that he became a new man. He had been reared in unbelief as to any special inspiration of the Bible, the Deity of Jesus Christ, the sacrificial nature of his sufferings, the need of the Holy Spirit's regenerating grace, and the desert of future punishment for unrepented sin. But in ripe manhood he was led to read the holy vol- ume candidly for himself and was brought into the light. THE DIACONATE. 215 comfort, and strength of evangelical Christianity. Indi- vidual characteristics, whether inherited or not, usually give tone to a man's religious life, and it is natural to suppose that the development of Mr. Bradford after conversion took a coloring from heredity. On the father's side he was a descendant from a Puritan nephew of Samuel Bradford, Dean of Westminster Abbey, afterwards Bishop of Carlisle ; and on the mother's side from Governor Winslow's brother, whose wife was the first woman to step ashore on Plymouth Rock. Quiet yet resolute firmness in the maintenance of right and in the discharge of duty marked Mr. Bradford. His convictions were deliberately formed, clearly defined, and tenaciously held. Conscience appeared to rule supreme. In matters of conscience, while never precipitate, decision was prompt, and action no less prompt. For many years he had been in the habit of smoking cigars, but not long after making a public profession of faith and the purpose of leading a Christian life he saw, one day in the distance, a young man, a member of his Bible class, whom he would soon meet. It occurred to him that the example of smoking was not one to be commended by a teacher while inculcating from Holy Writ lessons of self-denial. The cigar was at once thrown away and none was ever again put into his mouth. Why should a man — teacher, pupil, or anybody else — indulge in a practice that is expensive, offensive, and unhealthy ! Mr. Bradford was a sober-minded man of high worth, such as will add strength and dignity to a church and com- munity. Stability and comfort depend a good deal upon the 2l6 ELIOT MEMORIAL. number of things which are rationally accepted as settled, so settled that they never need come into question again. There was a goodly number of such regarding which Mr. Bradford's mind was entirely at rest. Hence his freedom from peril in panics, and his moral sinew gave steadiness to those around him. People confided in him. They found that neither friendship nor resentment warped his judg- ment or checked his fidelity. One very evident charac- teristic was an unfaltering confidence in the power of prayer. The less as well as the more important affairs of daily life were devoutly committed to the providence of God, in the name of our adorable Mediator, and he carried an habitual assurance of gracious answers. His services as office-bearer in the Eliot Church and other churches ; also as counsellor and co-worker in numer- ous benevolent organizations, were of great value. Not least was that the case during thirteen years of membership on the Prudential Committee of the American Board. His gifts of patient investigation, careful discrimination, and sound judgment were fully appreciated. His last years were years of patient suffering. When informed at length, after a consultation of physicians, that the case was a very critical one, he replied, " The Lord reigneth, let the earth rejoice." He died in Cambridge, March 12, 1885. Mr, Bradford's mother, who was born in Boston, June 9, 1793, and who for a long time was an inmate in this son's family, survived him till August, 1899, being then in her 107th year, and sup- posed to be at that time the oldest person in our Common- wealth. THE DIACONATE. 217 10. CHARLES WILLARD HILL. Few men have worn a more benignant countenance, or have been more uniformly welcome everywhere, or have shed a more genial and healthful influence than Mr. Hill. It was a day of blessing (October 20, 1868), when he joined us by commendation from the Church in Marl- borough, Mass, He was born in West Medway, June 5, 1834, but in his boyhood the family removed to Shrews- bury. In the parentage there was a high sense of honor and integrity, coupled with noteworthy readiness to aid the weak and defenseless. Modesty crowned the whole. The mother's Christian life began under the ministry of Rev. Dr. Ide of Medway. She was a daughter of General Cook ; and her mother, Mary Mayo, whose father was killed by a British soldier, transmitted an energetic spirit, which, with other good qualities, found place in this grandson. As a boy Mr. Hill was one to be trusted ; one who could be depended on to overcome difficulties ; one to show a generous, self-sacrificing disposition, as well as loyalty to friends and to duty. At fourteen years of age the death of a sister made a deep impression of bereave- ment, which remained through life. His public profes- sion of faith was made in 1854. Upon graduating at Williston Seminary, East Hampton, being then eighteen years of age, he began his career as teacher in different towns of the Commonwealth. When the war of the re- 2l8 ELIOT MEMORIAL. bellion broke out he left a delightful home, where were a wife and one child, and enlisting in the Fifth Massa- chusetts regiment, he served at Newbern, N. C. When mustered out of service he resumed his chosen life-work, and gave full satisfaction as a teacher at Newton Falls and Roxbury. For nearly ten years he was Master of the Comins Grammar School, then of the Martin School for three years, and in 1890 was transferred to the Bowditch School, Jamaica Plain. After two years of connection with the Eliot Church Mr. Hill was elected deacon, and held that office till the close of life. Faithful, prompt, calm and wise, he endeared himself to all. He was a peace-maker and a safe counsellor. For many years he superintended the Sunday School and with more than usual acceptance. In the community and among associates he was recognized as a leader. The strength of clear thinking, of complete self-control, and of contented quietness was an acknowl- edged characteristic. It was fitting that he should be made President of the Boston Congregational Club (1887) and of the Schoolmasters' Club. His addresses on public occasions were always to the point, unambitious, sensible and pleasing. Pupils and fellow teachers were drawn to him in peculiar confidence and affection. They found him singularly dispassionate and devoid of harshness. He was master of the Christian art of differing from others in a pleasant way, a way that if it did not win assent was sure to win respect. THE DIACONATE. 2U The end came with startling suddenness, and the funeral service (November 17, 1896), in the Eliot Church, bore witness to a widespread and most sincere regard. Sunday School pupils and pupils from the Grammar School, masters and teachers of various schools, and numerous friends besides comrades in the army, were eager to pay a tearful tribute to their friend. Soon after came a memorial service at Jamaica Plain, where the warmest appreciative testimony was rendered by several competent witnesses. II. ANDREW MARSHALL. Mr. Marshall did not become an officer of the Eliot Church till after 1871, yet all remember him as a brother beloved, and from 1876 onward one of the goodly band of deacons. Green Hill, Nova Scotia, was his birthplace, and February 23, 1831, the date of his birth. The family emi- grated in 1774 from mountainous Dumfriesshire, Scotland, to Prince Edward's Island, and at first endured great priva- tion. Andrew Marshall, Andrew's great-grandfather, was a man of unusual ability, a leader in Christian work. He took charge of a Lord's-day religious service, which the Highlanders of that neighborhood called a " Reading," and which consisted of prayer, praise, the reading of Scripture and other religious books. Of the latter only a few had been brought from Scotland, and the mice made havoc of them. An imperfect copy of Bostons Fourfold State did good service. It was in a barn of his son Robert that the ELIOT MEMORIAL. first Presbytery was formed at Pictou in 1795. Robert, of the next generation, the father of our Andrew Marshall, was a public-spirited man at New Glasgow, whither the family had removed. His wife, Janet Miller, Andrew's mother, appears to have been a woman of superior mental and spirit- ual power. Though an invalid for twenty-two years and most of the time confined to the bed, her room was always a sunny spot, for the light of her countenance shone con- stantly. The peace of God within never failed. Her father, Lawrence Miller, a very decided Christian, was no common man. At sixty years of age he built a study and set himself to mastering the Latin language. Young Andrew Marshall seemed to inherit student tastes and ambition. His teacher, Peter MacGregor, was desirous that he should be educated for the ministry, but family circumstances would not permit. The habit of read- ing and a desire for improvement continued through life. A tenacious memory characterized him in boyhood. One Sabbath morning he learned by heart the fifth chapter of James' epistle while breakfast was being prepared. In 185 1 Mr. Marshall, then twenty years of age, came to Roxbury. He was a thoughtful young man of correct habits, but parental prayer and training had not yet resulted in decided Christian living. After a season of earnest religious thoughtfulness he devoted himself unreservedly to the service of God, came out of spiritual darkness into light, made public profession of faith in Christ, and joined the Eliot Church, November 2, 1866. Thence onward he THE DIACONATE. 221 commended himself to all as faithful — faithful in business relations, faithful in all domestic duties, faithful in Bible- class instruction, and the various requirements of church life, including those of the diaconate. He was deeply and wisely interested in the cause of temperance. His zeal did not expend itself in speech-making. He labored kindly and persistently with the victims of strong drink. Among those thus reclaimed two cases may well be mentioned. One man, thoroughly reformed and restored to respectability, prospered in business and amassed a fortune. The other, after reformation and spiritual conversion, continued for twenty-five years a valued church member. When looking at the portrait of his benefactor, he said, " That man saved me." Mr. Marshall's character partook of independence without arrogance, of firmness without obstinacy. There was the grace of a poetic element. To his last days he could repeat the Assembly's Shorter Catechism, questions and answers, as well as " The Cotter's Saturday Night," and other favorite poems. When the fatal issue of Mr. Marshall's last sickness was announced, the universal thought was, A good man has left us, a man deeply respected by all. That was a Lord's-day morning, to him the day of all the week the best for life on earth and for entering heaven. Most unfeigned was the mourning of the company which followed his remains to Cedar Grove Cemetery, April 4, 1883. 222 ELIOT MEMORIAL. 12. WILLIAM FRANCIS DAY. After a course at the Grammar School and High School, it was Mr. Day's purpose to enjoy the advantages of collegiate education, and accordingly he began prepara- tion. Weak eyes and a delicate condition of general health, which continued for many years, obliged him to relinquish the coveted prize. He took a position in the Cordage Factory of Sewall, Day & Co., as clerk and pay- master. Upon the decease of his brother Henry, he be- came President and General Manager of the company. When the business was disposed of to the National Cord- age Company, Mr. Day was asked to remain in charge and to act as Treasurer. But it had become a growing custom with manufacturers to mix goods and to label them as if unmixed. In a very exemplary manner Mr. Day carried his conscience with him into business trans- actions. One proceeding will illustrate. After the con- cern was merged in the National Cordage Company he had occasion to say repeatedly to friends, " When I can- not manage affairs according to the dictates of my con- science, I shall resign my position." The old firm had a wide reputation for perfect integrity ; but a quality of hemp was sent to him to be worked up and put on the market as " Sewall and Day's Rope " or " Twine," the fibre of which he considered to be inferior to that which had secured for the firm its good name. He could not be accessory to such fraud and sent in his resignation ' (1894). 'See Cordage Trade Journal^ Vol. IX., No. ii. Dec. i, 1894. THE DIACONATE. 123 Home was Mr. Day's paradise, and he gave himself assiduously to all domestic interests, and especially to the religious training of his children. In all church affairs he took the liveliest interest. His active participa- tion in devotional services was such as drew the hearts of others at once to the mercy-seat. He was twice elected Deacon of the Eliot Church, though not till after Dr. Hamilton became associate pastor in 187 1. His church membership dates from 1857. Besides other responsible positions, he was a trustee of the Roxbury Latin School, of the Hartford Theological Seminary, and a corporate member of the American Board. His entrance into rest on the afternoon of March 8, 1899, was especially sudden. Happily it was at his own home in Boston. He had been out on business and in apparent usual health. The event was not wholly a sur- prise to those who were acquainted with the delicacy of his constitution, and with his liabilities in recent years. It is seldom that a family, a church, and a community suffer so great a loss in the removal of one member. Mr. Day was in the sixty-first year of his age. CHAPTER XVI. MINISTERIAL PARISHIONERS. It is not always the case that ordained men arfe partic- ularly acceptable as private members of a church. They are sometimes reputed to be officious and opinionated, a thorn to the pastor and an annoyance to associates. Here it has been entirely otherwise. Clerical members have, without exception, approved themselves as sympathetic with the pastor and the whole brotherhood and in appropriate ways helpful. In the course of the first twenty-nine years of my ministry (1842-71) there were twenty-five such connected with the congregation, two of whom, each over eighty, died the same year. Besides the following there were seven or eight other clergymen whose names will be found among missionary officials or among educators. I. REV. STEPHEN SANFORD SMITH. Haverhill, New Hampshire, was Mr. Smith's birthplace, April 14, 1797, Rev. Ethan Smith being his father. He was early in the office of Horace Greeley as a printer's boy. Having prepared for the ministry, he preached in different places. Together with his wife he was received to the Pres- byterian Church, Fayetteville, New York, from the North Congregational Church in New Bedford. After his ministry at Fayetteville the private relationship of Mr. and Mrs. S. S. Smith was transferred to us in 1837. MINISTERIAL PARISHIONERS. On returning to Massachusetts Mr. Smith acted as agent for the American Sunday School Union, for the American and Foreign Christian Union, and the Bible Society; he also held one or two pastorates. His death came suddenly at the house of a relative in Worcester, October, 1871. He had engaged to preach the next Lord's Day at Medway Village and had selected a sermon from the text, " I shall be satisfied when I awake in thy like- ness," and that discourse was read at his funeral. These circumstances are strikingly similar to those which occurred at the death of Rev. S. F. Smith, d.d., author of the hymn, "My country, 'tis of thee." Mr. S. S. Smith was a man of activity and of advanced views in various departments of reform. During his connection with the Eliot Church his agency took him away on the Sabbath, and that was a reason for his acquaintance in Roxbury being compara- tively slight. The family, however, were much interested in the welfare of this church and contributed liberally to its support ; but before long they removed to Newton. 2. REV. HUNTINGTON PORTER. Mr. Porter became pastor of the church in Rye, New Hampshire, December 29, 1784, but had a colleague for several years before his death (March 7, 1844), ^^d hence was at liberty to spend time in Roxbury with his daughter, Mrs. Charles K. Dillaway. Mr. Porter was not long a member of our congregation. He was a son of Rev. John 2 26 ELIOT MEMORIAL. Porter, of Bridgewater, Massachusetts, where he was born March 27, 1755; and with two of his brothers graduated from Harvard College the same day. Each of the three brothers not only received his degree of A. B. at the same time with the others, but also had a pastorate of more than half a century, coincidences probably without a parallel. 3. REV. EZRA CONANT. Mr. Conant was born at Concord, Massachusetts, in 1763. He graduated from Harvard College with the Class of 1784, and then studied theology with Rev. Ezra Ripley of his native place. He was installed pastor of the church in Winchester, New Hampshire, 1788, where he remained for eighteen years. After a short residence with his son, Mr. Caleb Conant, a member of the Eliot Church, he died at the age of eighty-one, and I attended his funeral October 5, 1844. Owing to infirmities the old gentleman had not been able to worship with us in public. It attracted attention at the time that two ministers, the one eighty-nine, the other eighty-one years old, departed this life the same year. 4. REV. CHARLES BAKER KITTREDGE. Mount Vernon, New Hampshire, was the native place of the Rev. Mr. Kittredge as well as his brother, Deacon Alvah Kittredge. It was on an anniversary of our National Independence, July 4, 1806, that the former was MINISTERIAL PARISHIONERS. 227 born, and in his character there was a good degree of in- dependence, which manifested itself by a quiet self-reliance. As a student he supported himself by teaching music. After graduating from Dartmouth College and from the Andover Theological Seminary he became pastor succes- sively and usefully at Groton, Westborough, and Munson in Massachusetts. One who in early life had been a par- ishioner, and afterwards a valued minister of the gospel, remarked, " I never sat down by a fresher or sweeter foun- tain." A small volume of his, entitled Harvestings ; or Reminiscences of a Country Pastor, indicates fidelity in ministrations, and a happy use of the pen. The same is true of frequent articles in Sabbath School and other journals. Mr. Kittredge knew what it was to experience the chastening strokes of our Heavenly Father in the loss of four children, as well as in other trials. He was a modest man, of retiring habits, never given to display, and least of all, display by himself or in connection with himself. Humility was a characteristic. Modesty may be only a natural trait ; humility is a product of divine grace, one that does not seem to be eminently peculiar to American Christians. It is asked what were the antecedents which will, in some measure, account for these traits .f* He had a most decidedly Christian mother, Mary Baker, one of the rare daughters of New Hampshire ; gentle, modest, industrious, cheerful, her piety deep, well-balanced, and marked by a 2 28 ELIOT MEMORIAL. faith unwavering as the hills of her native state. In the home at Mount Vernon was a little room under the stairs, into which, when closed, sunlight could not enter, but into which, unobserved except by Him who seeth in secret, she entered three times a day for prayer. He who seeth in secret rewarded openly. All of her seven children were prayed into the kingdom, two of whom became ordained ministers, while one of the daughters, wife of the Rev. E. W. Clark, became in the language of her associates, " The model missionary wife and mother " at the Hawaiian Islands. This son Charles was naturally drawn to special acquaintance and interest in foreign missions. Six of his classmates in Andover, the class of 1832, devoted themselves to that department of labor — Ashur Bliss among the Seneca Indians ; B. W. Parker at the Sand- wich Islands; Ira Tracy in China and India; Henry Ly- man and Samuel Munson, martyrs in Sumatra ; and Dr. Elias Riggs, now in his ninetieth year, and still useful at Constantinople. To the close of life Mr. Kittredge kept himself familiar also with the proceedings of our various societies which are devoted to religious work at home. His death occurred at Westborough, in November, 1884. The last letter from him received by the writer, which was written just before decease and with refer- ence to the funeral, had this sentence : " I am most anxious that the service should be as private as the circumstances will permit, and that Christ only be exalted, through whose infinite merits I have hope of pardon and eternal life." MINISTERIAL PARISHIONERS. 229 5. REV. WILLIAM HENRY PORTER. Rev. Huntington Porter was his father, and his mother was a daughter of Gen. Jonathan Moulton, of Hampton, New Hampshire, the Rev. John Porter, of Bridgewater, Massachu- setts, being a grandfather, and Mary, a daughter of Deacon Samuel Huntington, of Lebanon, Connecticut, a grand- mother. Rye, New Hampshire, was his birthplace, Septem- ber 19, 181 7. Mr. Porter and his twin brother, Charles Henry, entertained the Christian hope at the age of nine years and soon after entered the academy at Andover, having in view preparation for the ministry. They entered Yale, but the twin brother Charles died midway in his college course. William Henry Porter, after graduating (1841), spent two years in the New Haven Divinity School and a third year at the Union Theological Seminary, New York (1844). The next four years he was pastor of the Presbyterian Church in Litchfield, New Hampshire. He contributed articles to the Christian Alliance, a paper edited by Dr. Dorus Clark. Pulmonary consumption was at length devel- oped, and, leaving a widow and two interesting sons, he died at Roxbury May 26, 1861. 6. REV. CHARLES SHAW ADAMS. A descendant of Henry Adams, who came from Eng- land (1640); a son of Dr. Samuel and Abigail Dodge Adams, born in Bath, Maine, May 3, 1797. He studied at Phillips Academy, Andover, and graduated from Bowdoin College 230 ELIOT MEMORIAL. with the class of 1823. More immediate preparation for the ministry was made with a Congregational pastor. Mr. Adams' pastorates were with churches in Newfield and Wells, Maine ; Harwich and South Dartmouth, Massa- chusetts; South Coventry, Rhode Island; Westford, Con- necticut; Strongville, Ohio; and Quincy, Michigan. His death from brain fever took place at Hillsdale, Michigan, July 29, 1873; and by a noteworthy coincidence, on the same day and only nine hours after his wife's decease. 7. REV. DAVID MEAUBEC MITCHELL. The year 1853 was not signalized by large accessions to the Eliot Church — the whole number , being a little over thirty — but some in that group were persons of marked Christian excellence. Such an one was the Rev. David M. Mitchell — a man of rare modesty, great gen- tleness, most serviceable common sense combined with steadfast religious principle and conscientious fidelity in the discharge of duties. His coming was felt at once as a benediction, and was so regarded by all during the period of his residence and labors in Roxbury. Mr. Mitchell's immediate ancestry had their home in North Yarmouth, Maine, which looks out upon Casco Bay. They were Pilgrims of the Pilgrims, his earliest paternal forefather in this country having arrived at Plymouth, 1623, and from him there had been an uninterrupted line of respected office-bearers in evangelical churches. His MINISTERIAL PARISHIONERS. 231 father and grandfather bore the title of Honorable, having been for many successive years members of the Legis- lature — its House of Representatives or its Senate — before the separation of Maine from Massachusetts. The father was a physician of high standing and of a Chris- tian character not less eminent. The Bible was the family text-book, and the Assembly's Catechism, thor- oughly committed to memory, an invaluable auxiliary. At seventeen years of age Mr. Mitchell experienced the great spiritual crisis which used to be called regenera- tion — a term now seldom heard. The year follow- ing (1808) he joined the church and also entered Yale College. That he was the only professing Christian in the entering class, and that there were only three or four church members in all the classes, suggest the re- ligious character of the institution at that time. His roommate, Ralph Emerson, afterwards a professor in the Theological Seminary at Andover, found a special bless- ing in that connection. The late Sidney E. Morse made a third associate in the same room for a time. Mr. Morse bore written testimony to Mr. Mitchell's high standing as a scholar, the universal respect for him in college, and the circumstance that he was expected to lead in all the movements of the revival (1808). Fifty or more converts were fruits of that season of special grace. After graduating at the Andover Seminary (18 14), Mr. Mitchell labored for a year in the service of the Maine Missionary Society, and then became pastor of the ELIOT MEMORIAL. church in Waldoborough. Twenty-six years of indefatigable labor followed. The parish had an area of eight miles by sixteen, the population was very sparse, and his nearest clerical exchanges were forty miles on the east and sixty miles on the north. In the church there were only twenty members, and they had no meeting-house. But seasons of spiritual refreshing came ; more than two hun- dred additions to the church were made ; and a commo- dious place of worship was erected. Pulmonary con- sumption carried away one after another of his family, and threatening farther inroads, a change of climate seemed imperative. After a time Mr. Mitchell entered upon city missionary work in Portland, and continued it with much acceptance for five years. Then upon invitation from the city mission society of the Eliot Church, he removed to Roxbury, and spent eight years here in most faithful and well-directed labors. Criticism of his methods or his spirit was heard from no quarter. All hearts warmed toward him. The remaining years of a life that extended somewhat beyond four-score were spent under the roof of his son-in- law, Rev. E. E. Strong, d. d., then pastor in Waltham. Saturday morning, November 27, 1869, he pronounced a blessing on the beloved family standing round him, " May the God of all grace keep you, and bring us all to His eternal glory through Jesus Christ;" and the man who for more than sixty years had walked with God " was not, for God took him." MINISTERIAL PARISHIONERS. 233 8. REV. L. BURTON ROCKWOOD. If rare excellencies of character and rare fidelity in church relations entitle one to a memorial, then Mr. Rock- wood deserves mention. He was born August 8, 1816, at Wilton, New Hampshire, where childhood and youth were spent with his widowed mother in the family of his grandfather, a physician and leading Christian man in that town. At fifteen this grandson united with the church and at nineteen entered Dartmouth College, where he graduated in 1839. Having spent one year at the Andover Theologi- cal Seminary he joined the Union Seminary, New York, where he graduated in 1843. Mr. Rockwood performed some Christian labor in Vir- ginia, after which he was for seven years occupied as finan- cial agent of his theological Alma Mater. In 1850 he was installed pastor of the church in Rocky Hill, Connecticut, as colleague with Dr. Calvin Chapin, where during a minis- try of eight or nine years his labors were much blessed. In the course of that connection he became a valued member of the Board of Trustees of Hartford Theological Seminary. He was next selected as District Secretary of the American Tract Society, for Connecticut, and one year later, i860, became Secretary of the New England Branch of that society, in which position he remained for twelve years till his death. It was with no small self-denial that he under- took labors which required an absence from home of the fifty-two Sabbaths in a year. Few ministers have been more 234 ELIOT MEMORIAL. cautious and conciliatory in such visitation of the churches, or have left an impression that made a second visit more to be desired. In the devotional meetings of the Eliot Church Mr. Rockwood was always ready to take his part. Devoutly earnest, reverent and self-forgetful, his sole aim seemed to be to honor the Saviour by promoting the spiritual wel- fare of himself and others. " The memory of the just is blessed." 9. REV. EDWARD WILLIAM HOOKER, D.D. The son of Rev. Asahel Hooker, of Goshen, Connecti- cut, where he was born November 24, 1794. He belonged to the seventh generation of direct descendants from the celebrated Puritan, Rev. Thomas Hooker, of Hartford ; but stood in a third remove from Jonathan Edwards, of North- ampton, Massachusetts, his mother being Mrs. Phebe Ed- wards Hooker, afterwards Mrs. Farrar, of Andover, Massa- chusetts. He graduated at Middlebury College with the class of 18 14, and at the Andover Theological Seminary three years later. His successive pastorates were one of eight years with the church in Green's Farms, Connecticut; one of twelve years with the First Congregational Church in Bennington, Vermont ; another of six years with the church of South Windsor, Connecticut, and yet another of equal length in Fairhaven, Vermont. In the meantime he became editor of the Journal of Humanity, which was among the earliest temperance papers MINISTERIAL PARISHIONERS. 235 in the country. For four years he was professor of Sacred Rhetoric in the Theological Institute of Connecticut, and he also supplied different pulpits for varying periods. One of them was that of the Eliot Church during my absence of more than a year while visiting missions of the American Board in the East. It was a gratifying coincidence that the son of my father's first pastor, and himself my father's pastor in old age, should have held this position. He was elected a corporate member of the American Board in 1840; but did not join the Eliot Church till the spring of 187 1. In boyhood Dr. Hooker was unusually amiable and lovable. In adult years he was regarded as a man of deep piety, to whom severe domestic trials were evidently blessed. Refinement of taste and fondness for music were character- istics. Tears would often testify to his appreciation of good singing and of softer instrumental music. He played the flute with exquisite skill. A charming serenity marked his later days. When four-score years of age he made the following entry in his diary : " My birthday shined upon me in life and health, able still to preach the blessed Gospel, and to pray and labor for the good of my children, friends, and a dying world, feeling as yet but few of the infirmities of age, though feeling increasingly the infirmities and sins of my spiritual condition." His death occurred April, 1875, under the roof of a son-in-law, Rev. E. J. Montague, at Fort Atkinson, Wisconsin. Several of Dr. Hooker's occasional sermons were pub- 236 ELIOT MEMORIAL. lished ; also several addresses delivered before musical asso- ciations ; besides tracts which were issued by the American Tract Societ)^ His larger works were a Memoir of Sarah La7tman, wife of Dr. Eli Smith, missionary in Syria, and a Life of the Rev. Thomas Hooker. A smaller book bears the title, Elihti Lewis ; or the Fatal Christmas. His closing literary labor was the preparation of the memoir of his son, Rev. Cornelius Hooker, the printed pages of which did not reach him till after his pen had been laid down for the last time. CHAPTER XVII. MISSIONARY OFFICIALS. It is noteworthy and an occasion for thanksgiving that the Eliot Church early became interested in missions, both foreign and domestic. This was due in part to local circumstances. Boston being an administrative center, it was almost inevitable that those holding official positions connected with certain benevolent societies should have their homes in or near the city. No other church in the land has had occasion to record among its members two secretaries and a treasurer of the American Board, three members of the Prudential Committee, three other cor- porate members of that Board, and yet five others who, while on the ground or after removal, became corporate members. Two of our number were also successively Secretaries of the Massachusetts Home Missionary Soci- ety, and one for a long time treasurer of that institu- tion. A word should be devoted to the prevailing tone of evangelistic interest in this church. It was apparently well balanced. The presence of officers of the American Board, so far from overshadowing or in any way hindering the cause of home missions, was an effective help. Those men knew well the bearing of evangelization in our own -238 ELIOT MEMORIAL. land upon the same work in foreign lands. Their deep settled conviction, also inculcated from the pulpit, was that the great salvation had no more reference to the people of America than to the people of Asia and Africa; that it is impossible to point out a heathen or Moham- medan on the globe who is not as truly entitled to the gospel as any native or immigrant in the United States ; that there are simply two departments of the one great field which is the world ; that the warrant for enterinsf either is our Saviour's command, " Go, teach all nations " — a commission never yet withdrawn or modified. Chris- tian home-work is indeed imperative, but not so much because in and for our own country, as because our coun- try lies between the river and the ends of the earth, according to bounds laid down in the churches' Magna Charta. To perform one duty furnishes no authority for neglecting another. The liability is to an underestimate of remoter claims. To disregard such claims is sure to imperil domestic interests ; to sow sparingly in either field is to reap sparingly in both ; the hope of converting men in our own land is not strengthened by neglect of our antipodes ; local enterprise is stimulated by the thought of regions beyond. To carry the war into Africa is a pledge of triumph at home. America for the world — Christ for all, and all for Christ was the sentiment. Narrowness makes the individual and the world poorer. Whatever widens the field of thought and Christian interest fosters spiritual power; elevation, breadth and strength of char- MISSIONARY OFFICIALS. 239 acter are achieved by being habitually conversant with what is highest and farthest reaching ; other things equal, churches of our Lord may expect to gather a hundred- fold harvest on their immediate plantation only when they are sowing beside all waters. I. RUFUS ANDERSON, D.D., LL.D. It was in 1837 that Dr. Anderson removed his connec- tion from the Bowdoin Street Church, Boston, to the Eliot Church. He was then in the full maturity of his powers, and from that time onward for more than forty years his counsels and cooperation were of the highest value to us. Dr. Anderson was born at North Yarmouth, Maine, August 17, 1796, his father being then pastor of a Congre- gational church in that place. An aunt of his being the wife of Dr. McKeen, the first president of Bowdoin College, furnished a natural occasion for his entering that institution. Dr. Jesse Appleton, however, was at the head of Bowdoin when the class of 18 18 graduated, and his method with Butler's Analogy had a well defined influence in forming the mental habits of this young man, who ranked high in his class. Dr. Anderson's interest in missions, and his superior executive ability became so well known during his course of study at the Andover Theological Seminary that in the midst of Senior studies he was requested by Mr. Evarts, then Secretary of the American Board, to aid for a time in 240 ELIOT MEMORIAL. carrying on correspondence at the official rooms in Boston. His permanent connection with the rooms began in 1822; his service as assistant secretary in 1824; and as corre- sponding secretary in 1832. His resignation took place in 1866, after which he served nine years on the prudential committee, at whose meetings, on final retirement, he had been present for more than fifty years. Dr. Anderson performed important service by official visits to missions of the board. The first of these was in 1828-29 ; w^hen, taking in Malta and Smyrna, he made a tour through the Peloponnesus; the second, 1844, includ- ing Athens, Syria, and Asia Minor; the third, 1854-55, requiring an absence of more than a year, was paid to the board's missions in India; while the fourth, 1863, was to the Sandwich Islands. His contributions in the line of authorship were im- portant, as four volumes on Missions of the American Board ; The Memorial Volume of the First Fifty Years of the Board; The Hawaiian Islands ; the Memoir of Catherine Brown; The Peloponnesus and Greek Islands; and Lectures on Foreign Missions. He was for several years editor of the Missionary Herald. Numerous addresses, sermons, tracts, and missionary papers, as well as portions of the board's annual reports, were the products of an able pen. Christian education had a large place in Dr. Anderson's thoughts. He was active in the founding of Mt. Holyoke Seminary, cooperating efficiently with Mary Lyon. For a number of years he was one of the trustees MISSIONARY OFFICIALS. 241 of the Andover Theological Seminary, and was president of the trustees of Bradford Academy. Dr. Anderson had the mind and habits of a true statesman, taking broad views, and maintaining a calm and dignified attitude. He exhibited no paroxysms of anxiety and no flurry amidst a panic. A fine balance of mental powers and a masterly administrative equilibrium at critical junctures secured for him general confidence and deep respect. His convictions were too well consid- ered and too profound to be shaken by opposition or by flattery ; and he w^as too conscientiously earnest to bestow flattery, whether upon missionaries or others. No man has served longer in the same position ; and no oflficial has probably made his mark more distinctly and wisely in the administration of foreign missions. The Rev. Dr. Venn, Senior Secretary of the English " Church Missionary So- ciety," said to me in London (1853), " I am more indebted to Dr. Anderson for new and valuable suggestions in regard to conducting missions than to all other men to- gether." In childhood Dr. Anderson was thoroughly instructed in the Assembly's Shorter Catechism, for which he remained thankful to the last. The doctrines of grace were the life of his spiritual life. His piety was not of the emotional type, but calm, pervasive, and equal to any emergencies. His later days seemed much like our Indian summer — mild and genial, with slight haze now and then, but all the while beautiful in mellow tints. If the thought of 242 ELIOT MEMORIAL. decay arose in the beholder's mind, it would give place to thoughts of a rich maturity, and of golden harvests gathered on high. One of his last utterances was, " The future is all bright ; " and on the bright Sabbath morning of May 2>o, 1880, he entered into rest. 2. REV. DAVID GREENE. Very few names on the catalogue of this church are so well entitled to a memorial as that of Rev. David Greene. He was born in Stoneham, Massachusetts, No- vember 15, 1 791, and was a brother of the Rev. Samuel Greene, the highly esteemed pastor of Essex Street (now Union) Church, Boston. He graduated from Yale Col- lege in the class of 182 1, ranking high as a scholar; the same being true also at the Andover Theological Sem- inary, where he completed a course of study in 1826. During the interim he devoted himself to teaching ; but in 1828 received appointment as Assistant Secretary of the American Board of Missions. Soon thereafter he per- formed a journey of about six thousand miles, on a visit to mission stations, thirty in number, among the Indian tribes of New York and Ohio, as well as those to the east and west of the Mississippi River. It occupied eight months, and the knowledge thus acquired was of great value in the subsequent administration of those missions. It was not till 1833 that Mr. Greene received ordina- tion, though he was elected a corresponding secretary of MISSIONARY OFFICIALS. 243 the forenamed board the year previous. Six years after entering upon the duties of this office the practice began of presenting at annual meetings of the board carefully prepared papers in addition to the usual reports. Twelve such came from the pen of Mr. Greene. Much of the home correspondence, as well as correspondence with the Indian missions, fell to him, besides editing the Mission- ary Herald till 1843. He was associated with Mr. Lowell Mason in compiling the Church Psalmody, a collection of hymns for social worship, of which not less than one hundred and fifty thousand copies went into use in our churches. Mr. Greene removed to Roxbury in the year 1836, and his influence in the Eliot Church was of a marked and most happy character. His religious experience was unusually deep, and his Christian character one of unusual firmness. Noticeably modest, unpretentious and unam- bitious, he yet carried great weight in opinions expressed and remarks offered. Owing to an injury on a railroad he felt constrained, greatly to the regret of associates, to decline reelection as secretary ; and under medical advice removed, with his family (1849), to a farm in Westborough. Seventeen years thereafter, as men were blasting a rock near his house, a descending fragment inflicted mortal injury ; and after four days of entire unconsciousness, he died, April 7, 1866. At the funeral I remarked, for substance, as follows : — 244 ELIOT MEMORIAL. Every acquaintance of David Greene will say that his eye was single, and hence his whole body was full of light. Rarely was he mystified ; with sophistry he had no patience. There were no stained windows to his mind, and he saw almost everything in a white light. He had rare insight into character and into the practical bearing of things. Never beguiled by forms, he would fasten at once upon the kernel of a matter, and discrimi- nate between essentials and accessories, between the cer- tain and the probable. Vigorous common sense was the staple of his mind. His mental constitution was compact, and he could concentrate his faculties with alertness. A noble simplicity and ingenuousness characterized him, so that any acquaintance would be likely to say, " Behold an Israelite indeed, in whom is no guile ! " He was not afraid to be lively, though too earnest a man to drop into levity. If there were occasion, he would beg pardon of a day laborer as soon as of the governor, and in either case simply because of its being right and proper. Mr. Greene was a manly man, one whom nobody would sus- pect of aiming at popularity, or struggling after greatness. His influence for good will linger long among us. Though not one to fascinate, he inspired deep confidence ; and such a man remains always in office. Severe trials awaited him in his later years. Besides the necessity of retiring from favorite labors at the mis- sionary rooms of the Board, his dwelling-house in West- borough was destroyed by fire, and Mrs. Greene, a daugn- MISSIONARY OFFICIALS. 245 ter of Jeremiah Evarts, died in 185 1. She left twelve living children.' 3. MISS MARY EVARTS GREENE. Heredity tells. It often reveals itself in beautiful and blessed manifestations. Jeremiah Evarts' and the Rev. David Greene's secretaryships of the American Board were a prophecy that grandchildren of the former and children of the latter would do service in the cause of missions. Mary Greene and others of the family fulfilled that prediction. She was born in Boston, April 3, 1832, and graduated from Bradford Academy at nineteen, having been a member of the Eliot Church for three years. Not long after the death of her father she removed to Chicago (1868) and early became Recording Secretar}^ of the Woman's Board of the Interior, and then Corresponding Secretary. Her correspondence with missionaries of that Board and with friends of the cause at home was constant and well conducted for years. She also edited Mission Sttidies. Miss Greene was frequently invited to confer with and to address auxiliary societies. She also gave herself, in due proportion, to local Christian activity, often remarking, " All Christian work is our work." ' In the sketch of Mr. J. Russell Bradford it will be found that, as a member of the Prudential Committee of the American Board, he has place in this series. My own service in the same connection extended from 1849- 1893. 246 ELIOT MEMORIAL. While on a visit in Wisconsin for the purpose of meeting ladies with reference to the interests of the Board, she met with a severe injury, a compound fracture, which had to do with shortening life. Her fortitude and patience under suffering were remarkable. Her able physician's remarks were sometimes as truly a relief as was his more strictly medical treatment. At one time she begged ear- nestly to be allowed to look over certain important letters relating to her department — foreign demands being very urgent. The doctor, who was familiar with the Bible, replied emphatically, " No ; let the heathen rage ; " and she could not resist being amused. Pain was mitigated. She was able at length to resume work to some extent. Her enthusiasm in the good cause and her prayers were most noteworthy and elevating ; but after a short illness there came, of a Sabbath morning, entrance into rest final and complete. The following is from a tribute adopted by the W. B. M. I. at their annual meeting in Minneapolis, 1894: — "To work with her has been to enter an atmos- phere of earnest and entire consecration to our Master — to feel the inspiration of a warm and living zeal in his service — a consecration which dated from her earliest childhood — a zeal which knew no wavering, but compassed her entire life. But while we speak of loss and bereave- ment we are conscious of possessing in her memory an example which we may well cherish for our following. Her unselfish devotion, her quick and full response to every call of duty, whether to do or to suffer her Father's MISSIONARY OFFICIALS. 247 will, her enthusiasm for the Redeemer's kingdom, which led her to labors even beyond her strength for its upbuild- ing, and, more than all, the rich legacy of her earnest and constant prayer may be ours." ' 4. MRS. MARY p. H. LEAKE. One son for early service on high, another son for service in the ministry, and an only daughter for service connected with missions, came from the family of Mr. Henry Hill, A reminiscence of my boyhood comes to mind, a visit to my native place, of Miss Porter, the daughter of Dr. David Porter of Catskill, who was an early and well known friend of the American Board. Miss Porter was engaged in an undertaking — unique for a young woman, and in those days quite unprecedented — the raising of a thousand dollars for foreign missions. She succeeded. A manuscript card, afterwards printed, as follows, was sent to individuals : — " Expect great things, and attempt great things." Little causes produce great effects. The poor heathen are perishing. We may be the means of saving them. What we do we must do quickly. Love thy neighbor as thyself is a divine command. The Lord loveth a cheerful giver. The liberal soul shall be made fat. Who would be ' Creation's blot, creation's blank, whom none can love, whom none can thank ' ? Rather, let the heathen rise up and call you blessed." ^Annual Report, 1894. p. 30. 248 ELIOT MEMORIAL. Miss Laura Porter became the wife of Henry Hill, Esq., who was for more than thirty years treasurer of the American Board.' Miss Mary Porter Hill was a native of Boston ; and her later educational course was at Wheaton Seminary and Bradford Academy. After marriage to General Leake she removed to the West, and at length to Chicago. From 1872 she was a Cor- responding Secretary of the Woman's Board of Missions of the Interior for six years, and then became and still continues to be the Treasurer. Her pen is a graceful one ; her sei*vices are prized ; and it is a most gratifying sight to see such a woman following in the steps of honored parents and of our adored Saviour. In 1899 Mrs. Leake was elected a corporate member of the American Board. 5. REV. JOSEPH SYLVESTER CLARK, D.D. Rev. Joseph S. Clark hailed from the Old Colony, and was a Pilgrim of the Pilgrims. According to tradition, Thomas Clark, who piloted the Mayflower into Plymouth Harbor, and from whom Clark's Island received its name, was an ancestor. Dr. Clark was born December 19, 1800, in South Plymouth, on the same spot where his earliest American ancestor, known certainly to be such, lived six generations previously. ' A sketch of Mr. Hill will be found among the Office-bearers of the Eliot Church. It might with no less propriety be introduced among "Mis- sionary Officials." MISSIONARY OFFICIALS. 249 His classical education began with a Latin grammar in his pocket while at farm work. At Amherst College, from which he was graduated in 1827, he led his class and became a tutor in that institution. After studying theology at Andover he was ordained and installed as pastor at Stur- bridge, Mass., 1831, and during the first year of that pas- torate there were one hundred and thirty additions to the church. A seven years' ministry, characterized by much fidelity and success, resulted in impaired health, which led to his resignation. Not long after that he was elected Sec- retary of the Massachusetts Missionary Society (1839), and removing to Roxbury, he joined the Eliot Church. Later he found it desirable to take a house in Boston, greatly to the regret of friends here. During his eighteen years' ser- vice as Secretary of the aforenamed society he became well acquainted with the condition of feeble churches through- out the Commonwealth, in behalf of which his labors and wise counsels were unwearied. Dr. Clark afterwards (1858) became secretary and financial agent of the Congregational Association, which was greatly indebted to him for efforts in raising funds toward the building of the denominational house — in which efforts his health broke down. A short sickness brought his life to a close in 1861. At the funeral, among many relatives and friends who were present, was his mother, then approaching one hundred years of age. The interment took place at West Newton, where he had resided for some time. Dr. Clark was very methodical in his habits ; a modest '5° ELIOT MEMORIAL. and unambitious man ; a man of rare amiability, who made and retained friends wherever he went. Before entering upon ofHcial life he was assiduous in Christian labor among the neglected ; and then, as well as later, showed more than usual tact in being faithful without offending. He entertained great reverence for the Puritan character, and was well versed in Puritan history. A Historical Sketch of the Congregational Churches of Massachusetts from 1820 to 18^8, is a valuable work from his pen ; and at his decease he had in hand material for other volumes of a historical character. 6. REV. HENRY BROWN HOOKER, D.D. He was a native of Rutland, Vermont, a son of Thomas Hooker, m.d., and was born August 31, 1802. One of his ancestors was the Rev. Thomas Hooker, a man hounded by pursuivants of the Church of England, who fled to Holland; arrived in Boston 1633, and three years later headed a colony of one hundred men, women, and children on their way amidst swamps, over streams and hills, to the valley of the Connecticut, a journey of fourteen days, which is now accomplished in less than four hours. Even fifty years ago forty-two ministers and forty women who married ministers were known to have descended from him, and those numbers must have since increased con- siderably. Dr. H. B. Hooker's mother, a saintly woman, was the daughter of Col. John Brown, a lawyer, and an MISSIONARY OFFICIALS. 25 I officer in our Revolutionary War. He shared in the cap- ture of Ticonderoga (1775); was at Quebec when Wolfe fell; but marching up the Mohawk valley (1780) to relieve General Schuyler, was traitorously led into an ambush of Tories and Indians, and with forty-five others was slain on his birthday, at the age of thirty-six. The crimson sash which he wore when carried from the field, is still in the possession of his great-grandchildren. Having graduated from Middlebury College, 182 1, and from the Andover Theological Seminary three years later, Dr. Hooker soon received ordination, and labored for a time as Home Missionary in South Carolina. His success- ful pastorate at Lanesboro, Massachusetts, continued ten years (1826-1836), and that at Falmouth twice as long (1837-1857). In the pulpit Dr. Hooker was dignified, direct, definite ; never suppressing severe truths, and never scolding ; perfectly free from the affectation of smartness ; always making the impression that he was a man of God, too intent upon his high mission to waste one moment in any device of vanity. In prayer a joyous, reverent freedom characterized him. As pastor he was a model man, active, impartial, discreet ; always serious, never morose, and combining fidelity with kindliness most happily. Upon the resignation of the beloved Dr. Joseph S. Clark, Dr. Hooker was called from Falmouth to become Secretary of the Massachusetts Home Missionary Society (1858). At the meetings of the Executive Committee, 252 ELIOT MEMORIAL. business requiring action was submitted in a well arranged manner, his own opinion being given with clearness and decision, but without obstinate adherence. His presenta- tion of the cause to our churches was earnest and fresh. I never heard a criticism upon his administration of fifteen years. On resigning the position (1873) his labors were still unabated so far as strength would allow. Even the last year of life, at the age of seventy-eight, he preached forty-seven Sabbaths. During the periods of service as pastor and secretary he furnished many contributions to the periodical press — uniformly pithy, graphic, and with a vein of sanctified humor running through them. They always had a definite, practical aim. One of his several tracts. Are You Ready? has had a circulation of about two million of copies. It was not home work alone that occupied his pen or his thoughts. Foreign missions engaged heart, prayers, and contributions. He was a corporate member of the Ameri- can Board, and uniformly attended its annual meetings whatever the distance or expense; and the elder of two daughters was given up for work beyond sea no less cheerfully than if her field had been only trans- Missis- sippi. Religious hopefulness was Dr. Hooker's chief char- acteristic. He never deemed despondency to be any part of his duty. He had an enviable faculty of looking at the bright side of things, for he looked through and above the clouds to where light and peace always reign. MISSIONARY OFFICIALS. 253 There was a fine reserve about him that forbade all profuseness of feeling, all excess of sensibility, and all promptings of egotism. His persistent gladness of heart, deriving strength from trust in God, was associated with strong, religious good sense, which is always worth much more than mere genius. During the frequent visits which it was my privilege to make in the room of Dr. Hooker's last sickness, two things were deeply impressive ; one, the same serene cheer- fulness that had characterized his years of health. For more than half a century he had not been confined to the bed for a single day. Summer and winter he rose at four o'clock, and began the day with singing. The other impressive circumstance was his unflagging zeal for the advancement of the Redeemer's kingdom. Looking in upon him the day of a farewell meeting at Pilgrim Hall, I mentioned the destination of those who M^ere about to embark, among whom were Mr. and Mrs. Walter, designated to the new mission at Bihe, in Southwestern Africa. " I lay awake most of last night," said he, " praying for that mission ; I never prayed more for any mission in my life." 7. MR. BENJAMIN PERKINS. Among the brethren of the church there was perhaps no one more unobtrusive and at the same time more ex- emplary in public religious duties than Mr. Perkins. Born in Salem, Massachusetts, he removed to Boston, and for 254 ELIOT MEMORIAL. many years the house of Perkins and Marvin was well known in the publishing and book-trade business. His relation was transferred from the Pine Street Church to the Eliot Church in its earlier days (1841), and his quiet, persistent fidelity year in and year out became, as it always will, a power for good. Hasty and ill-timed utter- ances were not heard from his lips. Kindness and a calm judgment forbade severe criticism upon men or measures. Such a man will never have many if any enemies ; gen- eral respect and confidence will be reposed in him. Mr. Perkins had excellent musical taste ; and his well- trained voice served good purpose in his superintendency of a Mission Sunday School, which was afterwards merged in that of Parker Street, where also he presided several years. From 1831 to 1845 Mr. Perkins was Assistant Treasurer of the Massachusetts Home Missionary Society. From the latter date to the end of life he was Treas- urer. During the early portion of these thirty-nine years his services were gratuitous.' After three-score and ten years of unusually good health, death came in 1870. I have often thought what an appropriate subject for the painter Mr. Perkins' atti- tude in his last sickness would be — falling asleep, a finger within the New Testament, which he held much of the time, and which was the one supreme book for him. 'The salary was raised successively — in 1849 to $300; in 1854 to 500; in 1864 to $1,000. CHAPTER XVIII. MISSIONARIES. It might be expected that a church, in which promi- nent members held positions such as the foregoing, would furnish candidates for a work so preeminently Christian as carrying the gospel to the unevangelized. In every household, in every Sunday School, and in the ministra- tions of every pulpit, there should be an aim and influence looking to that end. While a good deal was done in that direction from time to time, the result did not wholly fulfill desire or expectation. Still a goodly representation here follows. I. MR. GEORGE CHRISTOPHER HURTER. It is not often that one has acquaintance with a man more conscientious or more kind than Mr. Hurter. The island of Malta was his birthplace (1813), his father being Swiss and his mother an English woman. His first voy- age was in a transport employed to convey Egyptian troops to Alexandria from Navarino, and not long after the famous naval action in that bay (1827). The masts of sunken Turkish ships were still to be seen above water. Mr. Hurter, relinquishing sea life, became an ex- pert printer, and in that capacity served the London 256 ELIOT MEMORIAL. Missionary Society (1828-1835), being associated with the Rev. Mr. Lowndes at Malta. That press having been given up, he came to this country with a brother-in-law, Mr. Fitzwilliams, who was afterwards a secretary to the Governor General of India. He joined the Eliot Church in 1838, and the next year married Miss Elizabeth Grozer, a sister of Mrs. Deacon Kittredge. In 1840, owing partly to the acquaintance and in- fluence of the Rev. George B. Whiting of the Syria Mis- sion, Mr. Hurter received appointment by the American Board, and went to Beirut, to have charge more especially of printing the Arabic Bible. There he remained for twenty years. In 1863 Mr. Hurter visited the Sinaitic peninsula, and made a discovery which, so far as known, is not mentioned in the published work of any previous traveler. On the west side of the Wady Shu'eib he found a spring of pure water issuing from what he re- garded as the " Rock Horeb," which consists of solid red granite. In the smooth, perpendicular face thereof is a fissure about six feet long and four inches wide. The little stream pours into a reservoir twelve feet by five, and four feet deep. He gave an account of this in a printed letter to Dr. Park, professor in the Andover Theo- logical Seminary. Returning to this country Mr. Hurter engaged in printing works in the ancient classic languages and in living foreign languages. His later church relation was at Hyde Park, and his pastor, Rev. Dr. P. B. Davis, bears hearty testimony to MISSIONARIES. 257 his superior acquaintance with Scripture, his regularity and earnestness in religious observances, and the general value of his influence. His family life was peculiarly happy, and the golden wedding of Mr. and Mrs. Hurter was an occasion of special enjoyment. He prepared, what it would be well if more men did, a manuscript autobiography of about four hundred pages. His departure (January, 1895) was very sudden, and owing to pulmonary apoplexy. Returning home from business in Boston one day, he appeared to be in usual health, but before midnight of the same day his life on earth had come to an end, at the age of eighty-one, the same age as that of his father.' 2. MRS. ELIZABETH GROZER HURTER. Was born in Truro, Massachusetts, July 28, 1814. In early childhood she came to Boston to live ; taught school at the West for a time, and afterwards assisted her aunt in a Roxbury school. October 2, 1839, she became the wife of Mr. George C. Hurter, and early in 1 84 1, having been appointed to the Syrian Mission, they sailed for Beirut. Modest and self-distrustful, she yet became very useful. The Arabic language she mastered sufficiently for all the ordinary requirements of reading and speech. A large ministry among the sick fell to her lot. When the cholera prevailed patients were brought, some- ' Norfolk County (iazette, January 5, 1895. 258 ELIOT MEMORIAL. times to the number of twenty or thirty a day, to her door. Individuals might be seen, too sick to walk, crawling to the house, where she administered medicine. Seasons of great alarm occurred, as during the war between the Druses and the Christians of Mount Lebanon, and the massacres of i860. One night all the mission families at Beirut had to fly to the consulate for protection. That was one of the occasions when Mrs. Hurter was called upon to do much for the homeless, the sick, and the wounded. The next year (1861) she returned to this country; and her death occurred at Hyde Park. 3. REV. DANIEL CROSBY GREENE, D.D. The Rev. David Greene, who was for sixteen years a Corresponding Secretary of the American Board, and his wife, Mary Evarts Greene, were members of the Eliot Church from 1837 to 1849. Midway in that period their son, Daniel Crosby, was born, February 11, 1843. Rev. Daniel Crosby, the first pastor of the Winthrop Church, Charlestown, a man warmly interested in foreign missions, was a college acquaintance at Yale, and later an intimate friend of Secretary Greene. Mr. Crosby's death occurred in 1842, and his name was worthily borne by the Board's first missionary to Japan. Neither of the parents, however, lived to rejoice over the destination of their son. In the meantime he spent one year at Middlebury College, but graduated at Dartmouth in 1864. For two years he was MISSIONARIES. 259 engaged in teaching at the West, and then entered the Chicago Theological Seminary ; but after a single year removed to the Seminary at Andover and graduated there in 1869. He was the first son of any ofiBcial at the Rooms of the American Board to be commissioned as a missionary. After his ordination and marriage Mr. and Mrs. Greene sailed from San Francisco, and landed at Yokohama November 30, 1869. In the spring of the year following they removed to Kobe. Two years later Dr. Greene was assigned with J. C. Hepburne, m.d., and the Rev. S. R. Brown, d.d., to the work of translating the Scriptures, which work was carried on at Yokohama. Their Japanese version of the New Testament was published in 1880. After a furlough in the United States, Dr. Greene became one of the Faculty in the Doshisha College (1881) as instructor in Old Testament literature ; but after ten years he removed to Tokyo. The governmental and other changes which have taken place within a period so recent as the introduction of Protestant Christianity into that empire are among the marvels of this last half century. To the writer it seems somewhat like a dream to look back as far as May 21, 1843, when the name Daniel Crosby was publicly pro- nounced and sacramental water was applied to an infant forehead; then calling to mind July 28, 1869, when the right hand, with others, was placed on the same head in an ordaining service ; and now to contemplate still 2 Go ELIOT MEMORIAL. the same head as what Solomon pronounced " A crown of glory." 4. MRS. MARY CARPENTER PARIS. Mary Carpenter was a cousin of Mrs. Dr. Rufus An- derson, and was for a time a member of that family and of the Eliot congregation in the early years of my pas- torate. She was born in New York City, January 21, 18 1 5, and in 185 1 married Rev. John D. Paris, a missionary of the American Board in the Hawaiian Islands. He died at Kaawaloa, 1893; ^^<^ Mrs. Paris died four years later. 5. MRS. LOUISA BRADBURY BUNKER. The daughter of Hon. Samuel Adams Bradbury, a descendant from the Bradburys of Alluset, England, was born in Boston, June 27, 1844. In the chancel of St. Margaret's Church, Wilken Bonent, are fifteen memorials of the family (163 7- 1744), and a suggestive inscription may be read : " Through ye mercies of Christ my Saviour I trust for sins forgiven." There have been many minis- ters of the Gospel in the line. The earliest ancestor in this country was Thomas Bradbury, agent of Fer- nando Gorges, 1620. His wife was one of those who were condemned for witchcraft at Salem (1692); but she escaped through the intercession of a friend. Mrs. Bunker had been in the habit of prayer from infancy, but dates her conversion and the beginning of MISSIONARIES. 26 1 genuine spiritual life in the year 1857, and speaks of in- debtedness to the pastor of this church and to her Sunday School teacher. Owing to a change of views regarding one of the ordinances, she removed her relation seven years afterwards to the Baptist Church in Hyde Park. But tender memories are ever awakened upon the thought of the Eliot Church, " somewhat as when she sings Jeru- salem the golden." Her marriage to Rev. Alonzo Bunker, d. d., took place September 5, 1865 ; and two months later they arrived at Toungoo, British Burmah. She was the first of her family to enter upon foreign mission work, but since then several of them have gone to Africa, India and Japan. The efforts of Dr. and Mrs. Bunker have been in behalf of the " Hill Tribes," or Karens, who are demon- worshippers. Various dialects are spoken by them. At that time there was a sad division among them, owing to the influence of a missionary woman who seemed to be mentally unbalanced. After the toil of a decade har- mony came at last, and the nine churches of their field had multiplied to thirty-nine at the close of the twelfth year, and their schools were largely self-supporting. There are now eighty-five churches. Mrs. Bunker's labors were incessant and efificient. In her husband's absence for months while touring, she would take charge of the home station Training School. A large amount of medical work also came to her hands, amounting often to twenty cases a day. Native pastors 262 ELIOT MEMORIAL. were in the habit of coming to her in their difficulties about doctrinal and other matters ; and no small amount of patience and tact were required. She, too, made tours with Dr. Bunker, over mountains and through forests, for the sake of Christian work among women in the jungles. It is not strange that health should be completely broken down, and that a prolonged furlough at home should be required for recovery sufficient to authorize a renewed campaign in Burmah. 6. MRS. MARIA CHAMBERLAIN FORBES. Was a daughter of Mr. Lewis Chamberlain. Her birth dates at Honolulu, Hawaiian Islands, April 25, 1832. In early youth she attended Punahau School ; and after- wards coming to this country she entered Mount Holyoke Seminary, where her hopeful conversion took place. In 1852 she joined the Eliot Church on confession of her faith, at the same time with Mary Ballantine. December 21, 1858, she was married to Rev. Anderson O. Forbes, and went with her husband to the island of Molokai, where he was pastor of the old mission church founded by Mr. Hitchcock. After a few years of service there they removed to Honolulu, and Mr. Forbes was called to the second native church. Thence they went to the Lahainaluna Seminary on the island of Maui, where Mr. Forbes was engaged in teaching for several years, till called to the pastorate of the foreign church in Hilo. His next removal was to Honolulu as Secretary of the MISSIONARIES. 263 Hawaiian Board of Missions, which office he held till his death in 1888. Mrs. Forbes speaks with liveliest interest of the kind- ness of Dr. and Mrs. Anderson in furnishing a home for her in Roxbury. Now for many years she has been the manager of the Lunalino Home, which was founded by one of the last Hawaiian kings for the benefit of aged and homeless natives. The institution has about fifty inmates. Mrs. Forbes is a very energetic, useful, and much respected woman. 7. MRS. MARY BALLANTINE FAIRBANK. Among the nine individuals who joined this church in September, 1852, was a group of young ladies, nearly the same in age and stature. A special interest attached to each of the three. One of them was Marcia Evelina Atkins, modest and lovely, but pallid, and already awaken- ing the fear of friends lest she might become the victim of pulmonary disease. Two years later came her funeral. Another, Maria Chamberlain, the daughter of a mission- ary, was born in Hawaii, and is mentioned in the preced- ing sketch. Beside her, on the occasion referred to, stood Mary Ballantine, who claimed Bombay as her birthplace, though her parents removed during her infancy to Ahmed- nagar in Western India. She was a daughter of Dr. Henry Ballantine, one of the best known men who have gone from this country, in connection with the American 264 ELIOT MEMORIAL. Board, to that land where spiritual darkness reigns, but where the sun shineth in his strength. She was born September 10, 1836, and came to this country for better educational advantages. The family of Dr. Rufus Ander- son welcomed her much as they would a daughter of their own. This beloved Mary was noticeably blameless in de- portment ; was amiable and cheerful much beyond the average of young women. Her bright countenance re- vealed a captivating ingenuousness. She had been in the habit of daily prayer for a long time ; but after two years spent here she became convinced that her devotions were far from what they should be ; that she had never appre- hended her sinfulness and the consequent divine condem- nation ; that all which is threatened in the Word of God to those dying impenitent was deserved ; and that there was no salvation for her except by Jesus Christ. New tastes, hopes and joys followed. Pleasing as her countenance and manner had always been, there was now an added charm. Although forty-eight years have elapsed since she presented herself to assent publicly to the arti- cles of faith and covenant of the Eliot Church, I call to mind distinctly the expression on her face at that time. Her countenance, always bright, was now radiant as if a gleam from the Mount of Transfiguration had fallen on that precious young disciple. No cloud afterwards seemed ever to gather over her. When asked for a written opinion with reference to Miss Ballantine's appointment MISSIONARIES. 265 as an assistant missionary (1856), Mrs. Anderson wrote as follows : " She has good health with uniform cheerfulness and buoyancy of spirit. She has a good mind, well balanced, and was considered one of their first scholars at the Seminary at South Hadley. She has uncommon industry and tact in all practical matters relating to household duties. Her piety is of a high order. I have never known a young person of more spirituality of mind, or who lived habitually with such nearness to the Saviour. Her love for the missionary work is the ruling motive in all her plans and acquirements, and this has been the case ever since I have been acquainted with her. She has been in ovir family for months at a time, and I have felt daily impressed that she had in every respect a peculiar fitness for the missionary work. I have never seen a young person who seemed to promise greater usefulness in that work." Standing in the same aisle above referred to — the church filled with spectators — she was joined in marriage, July, 1856, with Rev. Dr. S. B. Fairbank of the Mahratta Mission. Scores upon scores of friends gave a hearty God- speed to the " beloved Persis who labored much in the Lord." Her children, one of whom is the wife of a mis- sionary at Ahmednagar, two other unmarried daughters and two sons in the same mission " arise up and call her blessed." In 1878 Mrs. Fairbank entered into rest, enter- ing at the same time yet more fully " into the joy of the Lord." 266 ELIOT MEMORIAL. 8. MRS. HARRIET S. CASWELL. As Miss Harriet S. Clark she was for a time in the infant class of our Sunday School (1839). We are un- willing to allow that even so slight a connection is not sufiftcient to authorize some mention here of one so long and so useful in the Master's service. At the twenty-fifth anniversary of our school a letter, addressed to the children, came from her hand, speaking of the sweet hymns she there learned and the singing which she so much enjoyed. The letter, very sprightly and pleasing, was written at the Cattaraugus Reservation for the Seneca Indians, where she labored successfully seventeen years as a teacher, and in connection with the Orphan Asylum which had been opened in behalf of that tribe. It was my pleasure to be one of the party when her father. Rev. Joseph S. Clark, D.D., accompanied her to that mission in the south- west corner of New York. It was the autumn of 1853, and I had the gratification of preaching to the Indians, Deacon Silver-Heels serving as interpreter. A more attentive or better behaved congregation I never wit- nessed, y Miss Clark was adopted into the Seneca nation, an honor more full of meaning and more fruitful than the freedom of a city, which is sometimes tendered to strangers by a white-man's municipality. They gave her an Iroquois name, Go-wah-dah-dyah-seh, " She pushes us ahead." This was happily significant of her success in endeavors to elevate the people. Her book entitled Our Life Among MISSIONARIES. 267 the Iroquois Indians, by Mrs. Harriet S. Caswell, is as graphic and entertaining as any stor}^-book, with the ad- vantage of being strictly true. It is a work of over three hundred pages, issued by the Congregational Sunday School and Publishing Society. After her return East Mrs. Caswell was active in the Boston North End Charities for Working Women. She was at one time editor of the Home Missionary, and is now Secretary of the Woman's Department of the Congregational Home Missionary Society. 9. MRS. JANE HERRING LOOMIS. The youngest daughter of the Rev. David Greene, and was born in Roxbury, June 14, 1845 ; graduated from the Young Ladies' Seminary, Auburn, N. Y., and for over ten years a teacher in the same. In 1863 she united with the Congregational Church at Westborough, Mass., and was later transferred to the Fourth Avenue Presbyterian Church, New York City. She married (1872) Rev. Henry Loomis, who was then under appointment to the Japan Mission of the American Presbyterian Board of Foreign Missions. Mr. Loomis had served in the 146th Regiment of Volunteers. Enlisting as a private he was promoted to the captaincy of a company, and fought in twenty-seven engagements. He was present at Lee's surrender; and when peace was restored, resumed study at Hamilton College, graduating in 1866, and from Auburn Theological Seminary three 268 ELIOT MEMORIAL. years later. In May, 1872, they reached Yokohama, a little before the first Protestant Church in Japan, now known as the Kaigan (Seaside) Church of Yokohama, was organized ; and in connection with that they entered upon their work with great earnestness. Hardly four years, however, had gone by, when Mrs. Loomis' health gave way, and they were obliijed to return home. In the Spring of 1881 Mr. Loomis was appointed agent of the American Bible Society for Japan, and in the Autumn following, Mrs. Loomis joined him at Yokohama once more. Besides the work of Bible distribution, which, during his superintendence, has probably reached two mil- lion portions of Scripture, they have done a good deal for Chinese residents in Yokohama, for foreign sailors in that port, and for prisoners in the consular jails. Their home has been a rallying place for Christians, both native and foreign. Mrs. Loomis is a deaconess in the Union Church of Yokohama. 10. REV. DAVID COIT SCUDDER. At the quarter-century celebration of the Eliot Sun- day School (1859), Mr. Scudder, in closing an excellent address said : " One day about eight years ago — I re- member it well — I was playing at my home here in Rox- bury. I happened to look up and saw our pastor coming toward the house. It was the annual day of prayer for colleges, and I at once thought that he had come to talk to me about my soul. I did not want to see him, and MISSIONARIES. 269 ran and hid myself. I was soon called in, however. He took me by his side, talked with me kindly but seriously, and as he was leaving asked me to mark in my Bible the eighth verse of the twenty-seventh Psalm. I did so. Time passed on, and my thoughtlessness continued. But about a year afterwards, when that moment came to me, as it always does once at least to every man — the moment when I saw that I had been seeking the world and its pleasures, and felt that they were tasteless — I remember taking my Bible and often looking at that verse : ' When Thou saidst, Seek ye my face, my heart said unto Thee, Thy face, Lord, will I seek.' It was not long before I sought his face and found peace." The family had for some time resided in Roxbury and worshiped at the Eliot Church. David was born in Boston, October 27, 1835. His father. Deacon Charles Scudder, was well known in the business world as a man of inflexible integrity, and in the religious world as a wise counsellor and a devout Christian, carrying a countenance and possessing a character full of sunshine. In boyhood this son was noticeably energetic, frolic- some, and impetuous, qualities that were afterwards modi- fied, but always remained characteristics. An impulse to run and to shout was inborn. Preparation for college was at the Latin Schools of Boston and Roxbury, and he graduated from Williams in the class of 1855. The home was a center of missionary influence, and a home for mis- sionaries. Among them it is natural to name Dr. John 270 ELIOT MEMORIAL. Scudcler, though his relationship was at a remove of six generations. In David's mind, to be a Christian and to be a missionary had always seemed one and the same. Accordingly when converted, during his college course his mercurial spirit led at once to thoughts of foreign service, which always presented attractions. Parental wishes were also thus met ; and his consecration was hearty and complete. Native exuberance might be grad- ually curbed, but would still overflow. Bishop Hannington, whose tragic end came later (1886) in Central Africa, had a temperament and traits similar to those of David Scudder. The adoption of a high and holy purpose by our young friend transformed him in a measure, making a man out of the boy. Aims and methods of study, and the direction of an earnestness that never flagged, took on a new type. Cheeriness and frankness were unabated ; conventionality never mastered him. During the remainder of his course at Williamstown, and afterwards at Andover, he gave him- self unremittingly to preparation for evangelistic work, especially in India, grappling with the Tamil language, studying the history, religion, and philosophy of the people, and at the same time endeavoring to enlist fellow students in a personal devotion to the foreign service. His pen was employed in contributions to the press. A package of his tracts for children, Tales about the Heathen, was issued by the Tract Society in Boston. He delivered ad- dresses to Sunday Schools and juvenile societies; at the same time engaging in something besides talk. He under- 271 MISSIONARIES. ' took a Bible agency in New Jersey and tract distribution in Boston. Having graduated at Andover (.859). he re- ceived ordination in Boston, February 25. 1861. It has never been tlie lot of the writer to take part in such a service with feelings of deeper interest than at that time The next evening he was married to the daughter of another deacon of the Essex Street Church. Dr. N. Adams baptized both bride and bridegroom in infancy, and received both of them into the visible Christian fold. Before graduating from college, India had become David's first thought in the morning, and was uniformly present in his mind. Catching sight of the coast south of Madras (June 25, 186.), he entered in his journal: My home is at hand. My work is before me. India is to be the Lord's. How soon ? " The next year he was put in charge of the mission district of Periakulam, about fifty miles northwest from Madura. He had just entered his twenty-eighth year, and was to be on missionary ground only a year and a half. November nineteenth he had occa- sion, in touring, to cross a river, which was suddenly swollen by recent rains. He was a good swimmer; bu when halfway across, there came down the stream a vast volume of water from a great tank which had given way. No human strength was equal to the emergency, and our friend was drowned. In a churchyard on a little hillside at Kodi Kanal may be seen a memorial stone with the inscription : David Coit Scudder. u He leadeth me beside the still waters." 272 ELIOT MEMORIAL. II. MISS ELLEN MARIA STONE. The daughter of Mr. Benjamin F. Stone, one of the original members of this church. The ancestors in each direct parental line back to the earliest arrival in New England were church members. June 4, 1848, the father and mother presented for baptism two children, one of whom, then two years old, was named Ellen Maria, for a missionary who had been the mother's Sunday School teacher. At that time the mother consecrated this child to missionary service, a circumstance not made known to the daughter till she was weighing the subject with reference to offering herself to the American Board. In her written offer of service occurs the following : — " Though often thoughtful upon the subject of my personal relations and duty to God, from the days when Dr. Thompson used to ask me, ' My little girl, do you love God?' yet it was not till March, 1866, during a revival of marked power, that I gave my life to God's service. In July following, with about a hundred others, I was received to the church." It was the First Church in Chelsea, Dr. A. H. Plumb, Pastor, the family having removed to that city. Miss Stone speaks of the Maternal Association, of which Mrs. Dr. Anderson was largely the life, and of the influence of Quarterly meetings, and of books and cards then given to children. Her immediate call to missionary service was by a sermon of Dr. E. K. Alden, 1878. She had had for years an agreeable and useful position on the editorial staff MISSIONARIES. 73 of the Congregatioiialist ; she was in charge of the Sunday School Primary Department — a very large one — of the First Church in Chelsea ; but the Macedonian cry seemed imperative ; and going to Samokov, Bulgaria, she became connected with the Girls' Boarding School of that city. Contributions from her graphic pen relating to that insti- tution, and to other departments of the good work, have appeared in News from Bulgaria, in the Missionary Herald, and Life and Light, as well as Mission Day spring. Among those contributions will be found many and inter- esting incidents and narratives. Since 1882 Miss Stone has had charge of the field work, or touring among the Bible women and teachers of schools connected with the evangelical communities. On her late needed vacation, after many years of work, she addressed numerous gather- ings of ladies, and of young people in the Endeavor meetings or in Sunday Schools. These addresses were instructive, and wisely suited to the object and the occasion. Her visits to the Eliot Church were peculiarly welcome and stimulating. Missionary work in Bulgaria, that land of a newly-born nation, is increasingly her delight. 12. Miss ANNA WELLS BUMSTEAD. The Rev. Robert W. Hume and Mrs. Hume, mis- sionaries of the American Board in India, on their way hence (1854), stopped at Cape Town, where Mr. Hume died. Through Mrs. Hume a copy of the life of Mary Lyon came into the hands of Dr. Murray, pastor of the 2 74 ELIOT MEMORIAL. Dutch Reformed Church at Wellington, a well-known author of devotional books. That led to the founding (1874) of the "Huguenot Seminary" at Wellington, forty- miles northeast from Cape Town. It was designed for daughters of European settlers in South Africa. A mis- sionary element entered into the thought of its founder, as was the case with its prototype, the Mount Holyoke Seminary. The institution took its name from Huguenot refugees, who, after the revocation of the Edict of Nantes, settled in that neighborhood. It has been signally blessed. Many pupils have been converted. Stimulated by the Report of the Woman's Board of Missions in Boston, a society was started among them in 1878. More than forty Alumnae are now scattered over South and Central Africa, engaged in Christian work at the diamond mines and the gold fields ; also in Mashonaland as well as on the Zambezi, and as far north as Lake Nyassa. Through their instrumentality not a few of the heathen have been Christianized. Young women of the seminary have availed themselves of the Cape University examinations ; and thus more than five hundred Christian teachers have been fill- ing positions of influence in mission, farm, and government schools. Miss Bumstead, a native of Boston, and grand- daughter of the venerable Deacon Josiah Bumstead, re- ceiving appointment as art teacher, sailed for Cape Town by way of England, 1882. During her five years' service at the Huguenot Seminary, in drawing and water colors, MISSIONARIES. ■75 she had a share in Bible instruction, and in conducting devotional meetings, as well as certain other responsibili- ties. Her service, though not formally, was really in the line of mission work. Three or four branch seminaries have been formed, besides a college at Wellington ; and in 1897 these institutions reported a membership of eight hundred. Miss Bumstead is now a representative in this coun- try of the South African General Mission, of which Rev. Andrew Murray is president. She collects funds, and during one part of the year a weekly half-hour prayer meeting for the cause is held in Boston. 13. MISS MARY G. BUMSTEAD. A younger sister of Miss Anna Bumstead, and a de- scendant of Thomas Bumstead, who, coming from England in 1640, united with the First Church, Roxbury, of which John Eliot was pastor. He afterwards removed to Boston, taking a letter to the Old South Church. There were members of that name in successive generations, till Josiah Bumstead, grandfather of these two young ladies, left the Old South to form, with others, the Park Street Church of Boston. In that he was a deacon for over half a cen- tury until his death (1859), at the age of eighty-eight. Miss Bumstead's father was for twenty-seven years clerk of the Eliot Church, and the records show a most com- mendable fidelity. A decidedly missionary spirit existed in the family of 276 ELIOT MEMORIAL. Deacon Josiah Bumstead. Miss Mary, a granddaughter, was a native of Roxbury; and in 1884, two years after her sister Anna's embarkation for South Africa, she hav- ing pursued a course at the Normal Art School, followed under an engagement to teach in the school at Worcester, one hundred miles from Cape Town. The Rev. William Murray, a brother of Andrew Murray, was the pastor of a Dutch Reformed Church in that place, and chairman of the Board of Trustees of the school, which was founded in 1876. The institution is a boarding and day school like the Huguenot Seminary at Wellington, for the daughters of white settlers, and is pervaded by a similar religious atmosphere. It has a training department for preparing young women to enter upon missionary work ; and a num- ber of the alumnae are thus engaged, while many are scattered as Christian teachers in the Cape Colony, in the Orange Free State, and in the Transvaal. During the last year's stay at Worcester, Miss Mary Bumstead had charge of the overflow department, which occupied a large building by itself. After a service of seven years at Worcester she returned home. In 1893 she went to Colorado on account of her health, which was speedily benefited. The next year she was in- vited to act, for a couple of weeks, as pastor of the church at Highlandlake, Colorado ; and a month later was accepted by the Congregational Home Missionary Society as one of their missionaries, and became the settled pastor of the afore- named church. At that time there was a congregation of MISSIONARIES. 277 only thirty-five, who worshiped in a small schoolhouse. The next year Miss Bumstead came East and obtained aid from friends, which, together with five hundred dollars from the Church Building Society, sufficed, with what the people could do, to secure a meeting house and parsonage, which were dedicated free from debt. The congregation doubled in attendance, and the Sunday School meanwhile increased. It was on her wedding tour, and under an attack of pneumonia, that Mary Bumstead Coates died at Denver, March 24, 1898. Indirectly and in spirit, though not in an immediate and technical sense, the South African experience of these sisters belongs to the category of for- eign missions. 14. REV. CHARLES W. MUNROE. In Mr. Munroe our Sunday School had an early member, who was born in Boston, October 21, 182 1. He graduated at Harvard College (1847) ^^^ ^t Andover Semi- nary (1849), and immediately entered upon home missionary service in the West. Wisconsin was his field, and he gathered the first church in Appleton. Mr. Munroe came East (1856) to assist his father in business; and now resides in Cambridge, where he is a valued officer of the First Church. 15. REV. SAMUEL GREENE. A son of the Rev. David Greene, born in Boston, December 9, 1835. ^^ enjoyed in Roxbury the advantages of good schools, including the Latin School, and also 278 ELIOT MEMORIAL. a year in Thetford Academy, Vermont. First religious impressions, outside of home, are ascribed to an evening spent, with other boys, in the writer's study. Public profession was made at Westborough, Massachusetts, whither the family had removed in 1849. Seven years later he removed to Muscatine, Iowa, and joined the church of which the Rev. A. B. Robbins was pastor. Thoughts of the ministry as his calling mingled with the aspirations of boyhood, and Dr. Robbins encouraged him to give up business pursuits, and his parting words when Mr. Greene left for St. Louis were, " Young man, if you feel as you say you do, and do not enter the minis- try, you will never be prospered as long as you live and refuse." Reverses in business at Chicago occurred ; and removal to Washington Territory took place with a view to Christian work. The second day after arriving there a Congregational minister came to him, reporting that he Tiad a place for him. It was on an Indian reservation where he labored for the greater part of a year. Leaving there he engaged in organizing Sunday Schools, and at length a church also, of which he was chosen the pastor. License to preach was given by the Oregon and Wash- ington Association, and later (1880) he was installed, by an Ecclesiastical Council, pastor of a church which he had gathered at Houghton, seven miles from Seattle. There he remained for ten years, till invited to become Superintendent of the Congregational Sunday School and Publishing Society for Washington and Northern MISSIONARIES. 79 Idaho. In that position he has continued to the present time. Mr. Greene is one of the leading ministers of Wash- ington. He has more than once been Moderator of the State Congregational Association, President of the Wash- ington Home Missionary Society, and has held other positions of trust. When he went to that region (1874) the population was sparse, and but little had been done toward gathering churches of any denomination, there being only six of the Congregational order, all of them weak, the largest not having more than twenty-five mem- bers. In the course of a decade (1887-97) he, together with his assistants, organized nearly five hundred Sunday Schools; while during the same period ninety churches were gathered and received into the fellowship of Asso- ciations, sixty of which churches resulted from the Sun- day Schools. For the past ten years Mr. Greene has, upon an average, preached more than three times a week ; and for the last seven years has annually traveled over twenty-five thousand miles. In a broad sense his entire work on that wide field has been home missionary. 16. MISS ELIZABETH ELLEN BACKUP. Her parents were of a good stock, and had been trained in the Scottish ways of Sunday observance, Bible study and rehearsal of the Catechism. They came from Paisley to this country immediately upon their marriage. Miss Backup was born in Wrentham, Massachusetts. At 28o ELIOT MEMORIAL. the age of eighteen she graduated at the Bridgewater State Normal School, and at once became a teacher ; but health soon broke down completely and has since re- mained delicate. In 1870 she went to Fisk University, Nashville, Tennessee, and remained through the academic year, having charge of what was then termed the Gram- mar School Department. She mingled as freely as pos- sible in the families of her day-pupils, and also taught in the Sunday School. She had long been interested in evangelistic work, and this labor at Nashville was de- signed to be and was of a decidedly missionary character. Bereavement in a brother's family called her back to Bos- ton that she might take charge of three motherless chil- dren. Interest in Christian work has for many years exceeded the strength required for much active service. At present Miss Backup is president of the " Asso- ciated Missionary Circles " of our Church, and also of the " Woman's Home Missionary Association." 17. MISS SUSAN MARIA UNDERWOOD. Among those engaged in city mission work was Miss Underwood, the only daughter of a physician then practic- ing in Andover, Massachusetts. When she was seven years of age her excellent Christian mother died, and the funeral was held in the chapel of the Theological Semi- nary, the venerable Dr. Woods conducting the service. At seventeen Miss Underwood became a teacher in one of the Roxbury public schools, and in 1850 was received to MISSIONARIES. the Eliot Church on profession of faith. Her religious experience was of a type much more than usually decided, and her character developed in a form of exceptional beauty and certitude. She was sprightly as well as pecu- liarly sympathetic and disinterested. With no sign of any morbid element she gave herself, in conscientious earnestness, to cultivating spiritual growth by observing the requirements of Holy Writ. Early every morning a text of Scripture was selected for immediate special aid during the day. Such writers as Baxter, Edwards, Brain- erd and the Wesleys were favorites. Seldom is any one met with less given to saying aught to the discredit of another, or more ready to lend a helping hand. She was able early to say, " I desire for myself no more temporal blessings than I now have. I am more than satisfied." Late in life she wrote, " If I were to send you a portrait of myself as I am spiritually, it would be holding a cup overflowing, on which is engraved ' Mercies' " That Miss Underwood should be intent on usefulness was a matter of course. She went to Hartford, Connec- ticut (1856), to attend upon the usual preparation for ser- vice under the care of the Board of National Popular Education at the West, of which the Hon. William Slade w^as the Corresponding Secretary. The ladies having in charge the preparatory course at Hartford were impressed with her remarkable fitness for foreign missionary sei"vice, and she received appointment by the American Board as a teacher in a female boarding school at Madura, India. 282 ELIOT MEMORIAL. It was arranged that she should accompany the Rev. Mr. and Mrs. Capron, who were destined to that mission. Her eyes, however, came to be in such a state as made it plain that she ought not to attempt the work in India. The next year (1857) she began city mission labor in Boston. It was, as we well know, arduous, often dis- couraging, and sometimes disclosing scenes that are pain- fully repulsive. But she was one of the perseveringly faith- ful. After two years of indefatigable work she was seized with a hemorrhage from the lungs. A voyage to Malaga, Spain, under very favorable circumstances, proved ser- viceable, and the exhausting work was resumed. Attacks of hemorrhage, six in number, were repeated till, on the morning of August 14, 1861, she awoke where the sun goeth no more down. In our Sunday School Miss Underwood was a highly valued teacher, and when obliged to leave she wrote, " Dear, delightful Roxbury." I have seldom, if ever, known any one whose calm, whole-souled and joyful trust in our Saviour surpassed hers. In one of her last letters she wrote : " I can look up and find rest in Him, who having loved his own loved them to the end. I lay my weary soul at his feet." Intellectually she was a superior young woman. Her published contributions to religious journals and her poetic effusions were far from being of an inferior stamp.' » Mrs. Dr. Anderson prepared a Memoir of her — 250 pages — entitled, Following after Jesus j a Mc?itorial of Susan Maria Underwood, which was published by the American Tract Society in 1863. CHAPTER XIX. EDUCATORS AND LITTERATEURS. I. REV. JACOB ABBOTT. The second name on the original roll of the church is that of Rev. Jacob Abbott. Although licensed to preach six years previously, he was ordained as an evangelist the same year in which '?his church was gathered. One of the recent encyclopa^dJus ascribes the founding of the Eliot Church to him ; in another he is said to have orgmiized it. Neither statement is correct. No one man was perhaps ever properly the founder of a Congregational church ; nor did Mr. Abbott organize the Eliot Church. But he was one of numerous individuals who were active in secur- ing its establishment. After it had been duly organized in the usual way by an ecclesiastical council, he supplied the pulpit for a considerable part of a year before his brother, Rev. John S. C. Abbott, became its installed pastor. Mr. Jacob Abbott was born at Hallowell, Maine, No- vember 30, 1803. He graduated at Bowdoin College, 1820; was tutor and then professor of mathematics in Amherst College from 1825 to 1829. On coming to this neighbor- hood he was associated for a time with Rev. William C. Woodbridge in editing The Annals of Education. Five 284 ELIOT MEMORIAL. years later he started, in Boston, the popular Mount Vernon School for Young Ladies, and afterwards was principal of a school in New York, where two of his brothers were associated with him. Mr. Abbott paid repeated visits to Europe, six or more, and was well known as an author, not only in this country, but abroad also. His earlier books were chiefly of a religious character — The Young Christian ; The Corner Stone ; and The Way to God. Other works, consisting each of one volume, were educational, historical, and descrip- tive— The Teacher, Gentle Measures in Training the Young ; Discovery of Avnerica ; Aboriginal America; Hoary Head and McDonner ; A Summer in Scotland. His serial writings are more numerous — Histories of Celebrated Sovereigns; Am,erican History, 8 vols.; Marco Paul's Adventures, 6 vols. ; The Little Learner Series, 5 vols.; Science for the Young; fohn Gay, or Work for Boys ; William Gay, or Play for Boys; Mary Gay, or Work for Girls ; fu7ie Stories ; August Stories ; each 4 vols. ; The Harlie Stories and The Florence Stories, each 6 vols. Other similar series consist severally of an unequal num- ber of books — The Rollo and Lucy Books of Poetry, 3 vols. ; Rainbow and Lucy Series, 5 vols. ; The Franconia Stories, 10 vols.; The Rollo Books, 28 vols.; and Harpers Story Books, 36 vols. The sum of those figures fails to give the whole number of books of which he was the sole author, namely 180, besides 24 others to which he contributed. Such EDUCATORS AND LITTERATEURS. 285 fecundity of pen is noteworthy indeed. During the period of productiveness there was an average of four books per annum; none of them, however, of a large size. Many of them were repubHshed in England, and not a few of them were translated into languages of the European Continent, while some appeared also in Asiatic languages. Mr. Abbott's style is lucid, simple, and pleasing, and his productions contributed to a new era in literature for the young. Success was due in part to the circumstance of their author being a man of quick perception and care- ful observation. He was in the habit of associating with children and observing their ways and capacities in play, in conversation, and in reading. This was noticeable dur- ing his residence here in Roxbury. Such a class of writ- ings does not call for great depth, but rather for skillful adaptation. On the score of circulation, remarkable suc- cess attended Mr. Abbott's literary ventures. Their aim and tone were safe, entertaining, and instructive, though exceptions have been taken to some things in one of his earlier works, The Corner Stone. Mr. Abbott died at Farmington, Maine, the thirty-first of October, 1879. 2. REV. WILLIAM CHANNING WOODBRIDGE. It is not often that two ministers of the gospel are found among the original members of a local church. Such, however, was the case here when Jacob Abbott and William C. Woodbridge were enrolled with forty- nine others, though neither of them ever became a pastor, 286 ELIOT MEMORIAL. and both were devoted to education. Mr. Woodbridge was born in Medford, Massachusetts, December i8, 1794, and graduated from Yale College in 181 1. He began preparations for the sacred ministry, but ill health, which continued through life, obliged him to relinquish that object. He devoted himself, so far as strength would allow, to the interests of education, and became the principal of Burlington Academy, New Jersey, 18 12-18 14. After that he was for some time associated with the Rev. Thomas H. Gallaudet and M. LeClerc as a teacher in the Deaf and Dumb Asylum at Hartford, Connecticut, which was opened in 181 7, the first institution of the kind established in this country. At length he prepared a well known geography, the first of a scientific stamp, and which marked an epoch in the methods of such works in England as well as in this country. Mr. Wood- bridge visited Europe three times. He made a study of Italy and Sicily, and resided several years in the middle countries of the Continent, becoming widely ac- quainted with literary and learned men, and making con- tributions to educational magazines. He felt a special interest in Baron Tellenberg's institution at Hofwyl, Switzerland. Upon his return to the United States he conducted, as proprietor and an editor, The American Annals of Education here in Boston (1831-38), a very useful publi- cation. Lyceums and conventions of teachers were largely due for their origin and early usefulness to his influence. EDUCATORS AND LITTERATEURS. 287 He advocated the use of the Bible as a classic in educa- tion. Mr. Woodbridge was a man of large benevolence, and of a decidedly religious character; but suffered much from poor health and consequent debility, and died Novem- ber 9, 1845. 3. WILLIAM ALEXANDER ALCOTT, M.D. Dr. Alcott, a cousin of Bronson Alcott, studied at the Medical School, New Haven, Connecticut, and after practicing in his profession for a few years, entered upon other lines of labor, and ceased to be known as a physi- cian. He was born at Wolcott, Connecticut, in 1798, and removed to Boston two years before the Eliot Church was organized. He became associated with William C. Woodbridge in educational authorship and kindred work. There was similar association with Gallaudet and others in Connecticut. He had a share in editing The Annals of Education ; also The Juvenile Rambler, the first weekly periodical for children in this country. He contributed many articles at different times to other papers, and one ot them. On the Construction of School Houses, gained a premium. His published works — books and pam- phlets— were more than a hundred in number. Among them are Young Mans Guide, Young Womaiis Guide, Young Housekeeper, The House I Live In, Library of Health, six volumes. He was a philanthropist and a reformer. The improvement of public education engaged thought and effort year after year. To forestall and pre- 288 ELIOT MEMORIAL. vent poverty, vice, and crime by correct physical and moral training was his steady aim. For over twenty years Mr. Alcott delivered lectures during the winter season in various places. He visited even thousands of schools, but his labors were chiefly gratuitous and unrewarded. Peculiarities, especially in regard to diet, were noticeable. In person tall, spare, and ungainly, and with a counte- nance not particularly pleasing, he yet impressed every one as being a kind and conscientiously religious man. Mr. Alcott died at Auburndale, March 29, 1859. 4. REV. SOLOMON ADAMS. Was born in Middleton, Massachusetts, March 30, 1797, and he bore the same name as his father, then minis- ter of that place. Mr. Adams graduated at Harvard Col- lege, 1820, and at the Andover Theological Seminary, 1823. He looked upon the ministry as peculiarly attrac- tive ; at the same time he entertained a strong predilec- tion for teaching, and regarded himself as better qualified for that than for any other profession. Accordingly, upon leaving Andover, he at once accepted the principalship of Washington Academy, East Machias, Maine. That was the best endowed academy in the state, and the only one east of Penobscot River and Bay. Mr. Adams' suc- cess was brilliant, and marked an epoch in the progress of education in that section of the state. Thoroughness and accuracy, ability to inspire pupils and control their sentiments, were among his marked characteristics. Dr. EDUCATORS AND LITTERATEURS. 289 Samuel Harris, former President of Bowdoin College, and later a Professor at New Haven, writes, as many others would write: "I feel I owe a great debt of gratitude to him for his instruction, his influence in developing my intellect, quickening my interest in study and in all that is right and good, and in shaping the course of my life. His whole influence on his pupils was uplifting and good; he always manifested a great interest in his pupils, not only in their school work, but in their whole life and development ; he was a man of most eminent ability as a teacher. I always remember him with gratitude, love and high esteem." In 1828 Mr. Adams opened in Portland the "Free Street Seminaiy " for young ladies, which, during the twelve years of his connection with it, ranked as the best institution of the kind in Maine. At a later period he opened a similar school in Boston. Owing to medical advice, upon failure of health, he gave up teaching. His methods of instruction, and especially the employment of devices for illustration, were in advance of his day. The practice of daguerreotyping microscopic views, which has become so common in this country and in Europe, originated from a suggestion of his (1845) to Mr. Whipple a photographer, who for a number of years worshiped with us. While an officer of the American Institute of Education, Mr. Adams was influential in promoting im- proved methods. At East Machias he received ordina- tion as an evangelist (1825), and some of his sermons ELIOT MEMORIAL. were deeply impressive. In the course of that year there came a rehgious revival of great power, in which he labored with special earnestness. Benignant, unselfish, unassuming, yet firm, Mr. Adams was greatly respected wherever known. He died at Auburndale, July 20, 1870, much valued in the community for his Christian charac- ter and influence. 5. REV. HORATIO QUINCY BUTTERFIELD, D.D. Yet others of the early as well as later members of our church were devoted to the cause of education. To this category belongs President Butterfield. The first of his ancestors in this country settled at Charlestown in the year 1638. Dr. Butterfield's grandfather was in the Battle of Bunker Hill, and his great-grandfather, with six sons, enlisted for service in the War of the Revolution. The town of Phillips, Maine, was Dr. Butterfield's birthplace, August 5, 1827. He graduated at Harvard College in 1848, under the presidency of Mr. Everett, and then for two years had charge of the Roxbury Latin School. During that period he became specially inter- ested in the subject of personal religion. He confessed that whatever of religious thoughtfulness he had had previously was subject to a sad decline in the course of his college life, but while in our congregation he experi- enced a marked spiritual change — all things becoming new — and on confession of faith in Christ, connected himself (1850) with the Eliot Church. One statement of EDUCATORS AND LITTERATEURS. 29 1 his at that time was, " I can now form no idea of real happiness apart from holiness." Then followed three years of study at the Bangor Theological Seminary in his native state, preparatory to pastoral work. To that he was devoted — with the exception of one year at the Andover Theological Seminary — from 1854 till 1866, when he became professor of languages in Washburn College, Kansas. During the last four years there he was President of that institution. Thence he was called to New York City as Secretary of the Society for Pro- moting Western Collegiate Education, which position he held for several years. In 1876 he was elected president of Olivet College, Michigan. The institution was at that time in a depressed condition, the number of students hav- ing fallen off quite sensibly. In a few years that number was doubled. Scholarships and other equipments were supplied, new buildings erected, and an era of general prosperity opened. In his varied relations and services Dr. Butterfield had large occasion to solicit money, and he met with a fair amount of success. If in any case there might be a failure to secure funds, there could be no failure to secure friends, so gentlemanly was he and so well acquainted with the workings of human nature. In the course of the last year of his life, the college re- ceived through his influence an endowment of $96,000. The key-note of Dr. Butterfield's administration was given in the inaugural (1876): "I know the heart of the needy student; and if I forget him, may my right hand forget ELIOT MEMORIAL. her cunning." His eighteen years' presidency and pas- torate of Olivet College was a period of most happy influence upon students and upon the surrounding com- munity. An unusual combination of gentleness and firm- ness, of cordiality and dignity, of sympathy and conscien- tious fidelity, always commanded affection and respect. Everywhere he exhibited more of the Christian man than the savant. His personal qualities and his high aim in administration were an important factor in securing to that College the reputation of being a place of specially safe and healthful influence. What ambition can be more noble in one occupying such a position than to promote the religious well-being of undergraduates, and through them the religious welfare of society at large and the eihciency of the church ? What satisfaction can be greater than to see, in pulpits and in other positions of power, the fruits of college training and college revivals ? In religious opinions and measures Dr. Butterfield was con- servative ; the doctrines of grace were his delight ; with suppression of truth and with compromises he had no fellowship. A more healthful or a more decided religious atmosphere could be found at few, if any, of our colleges, west or east. From 1883 onward, President Butterfield was a Cor- porate Member of the American Board. From 1850 on- ward, he retained a warm interest in the Eliot Church ; and in conversation as well as correspondence with me always said, " My Dear Pastor." From the beginning of EDUCATORS AND LITTERATEURS. 293 our acquaintance with him, he exhibited such good sense, such an unassuming yet self-respecting deportment, as won confiding regard from all who knew him, and won the affectionate regard of those who knew him intimately. February i6th, 1894, his remains were laid beside those of his wife in the cemetery at Newton Centre in this state. 6. CHARLES SHORT, LL. D. Mr. Short, who came from the First Church in Cam- bridge, was one of three on our roll who afterwards received the honorary degree of ll. d. He was born in Haverhill, Massachusetts, May 21, 182 1 ; graduated from Harvard College, 1846; and was for several years princi- pal of the Roxbury Latin School. The corporate name of that institution is The Grammar School in the Easterly Part of the Town of Roxbury, though popularly known in the way previously given. Of all the institutions of learning in our country it ranks on the score of age as the third, having been founded in 1645. The two which antedate are the Boston Latin School and Harvard Col- lege. This school holds the enviable position of being, so far as known, the only one of existing schools in the land which has " never received from state or town any endowment, grant, or subsidy, or anything from the pro- ceeds of taxation except a small annual payment for a few years from the town in consideration of an enlarge- ment of its course of study, and is as free to all the inhabitants of the town, or in later days of the territory ^94 ELIOT MEMORIAL. within the original town limits, as the public town or city schools." ' In the year 1863 Mr. Short was elected president of Kenyon College, Ohio, where he took the chair of Moral and Intellectual Philosophy. From 1868 till the time of his decease (December 24, 1886) he was professor of Latin in Columbia College, New York City. He was on the Committee of Revision of the New Testament, and served as its secretary. Dr. Short was a member of several learned societies, to which he made valuable written contributions, besides furnishing articles for various reviews. Several school books were revised by him, and his treatise on The Order of Words in Attic-Greek Prose is acknowledged to be the ablest work on that subject which has yet appeared. Dr. Short was a thorough classical scholar; a man of great refinement, of unusual painstaking industry, and of very agreeable social qualities. 7. PROF. WILLIAM RIPLEY NICHOLS. Of all who have been connected with the Eliot Church, Professor Nichols takes the lead in the depart- ment of science. His short life — only thirty-nine years being allotted him — bore the fruits of intense industry. He was a son of C. C. Nichols, Esq., and was a native of Boston. After graduating from the Roxbury Latin School at the age of sixteen, he went to Europe with two classmates, under the guidance and instruction The Roxbury Latin School. By J. Evarts Greene. li EDUCATORS AND LITTERATEURS. 295 of Professor Buck. The two years' absence were spent chiefly in France, Germany, Italy and Greece. The lan- guages of the three former countries were mastered ; and an acquaintance, not wholly superficial, with the lan- guage of the one last named was also formed. On re- turning home he entered Harvard College with the class of 1869. Midway in Freshmen year he withdrew and joined the Massachusetts Institute of Technology. A trouble with the eyes may have had influence in this step, but the leading consideration was a preference for science. At that time the elective system had not been adopted at Harvard as it has been since. For a youth of eighteen he had unusual maturity of judgment and decision of character. It is not known that he ever for a moment regretted the change or wavered in his devotion to the Institute. During the undergraduate course he gave in- struction in languages ; and upon graduating was imme- diately made an instructor in chemistry. The year 1870 found him Assistant Professor in general chemistry ; and 1872 a Professor. That position he held till his decease in 1886. All his work was characterized by patience and scrupulous accuracy ; nor did he merely plod ; the funda- mental principles of scientific investigation were kept clearly in mind. Nothing crude or unproved was allowed in his statements. For securing exactness neither time nor money was spared. He was at the expense of send- ing an assistant to England for the purpose of studying under Frankland and of mastering his methods. 2o6 ELIOT MEMORIAL. Even before graduation Professor Nichols had pre- pared two scientific papers, which were widely copied and were quoted in foreign periodicals. Inorganic chemistry attracted him at first ; then he gave himself specially to sanitary chemistry, devoting great attention to questions of water supply and other matters relating to public health. In 1870 he began investigations of the chief rivers in the Commonwealth for the State Board of Health, and was soon recognized widely as an authority. His opinion was sought by Water Boards of many cities and by Com- mittees of Legislatures with reference to the conditions of public health, and his opinions carried weight not only in the United States but in Europe. A diploma with an accompanying medal was sent to him from the London Health Exhibition. Publications from his pen, under the head of Sanitary Chemistry, amount to forty-four, that of 1883, on Water Supply, being best known. Other pub- lications of a kindred nature, and the result of collabora- tion, carry the number up to sixty or more. He also furnished a valuable revision of two works. Manual of Inorganic Chemistry and Qualitative Analysis. Member- ship was accorded Professor Nichols in numerous scientific societies of this country, as well as the London Society of Chemical Industry, and the Deutsche Chemische Gesellschaft. He had a wide acquaintance, personal and by correspondence, with men eminent in the same depart- ment, both in Great Britain and on the Continent. He visited Europe not less than seven times. EDUCATORS AND LITTERATEURS. 297 But enthusiasm for learned pursuits by no means wholly absorbed Professor Nichols. Membership in the Eliot Church began at the age of fifteen (1863). A few months before that he became convinced that his was a deceitful heart ; that it was sinful to live for self, and that the atoning blood of Jesus Christ was what he needed. The Bible became a new book to him, and prayer three times daily a new practice. Several years later (1870) his relation was transferred to the Highland Church, in the gathering of which he felt a deep interest. He was one of its trustees and was clerk of the Ecclesiastical Society. In the course of his last prolonged sickness he became Superintendent of the Sunday School, and was indefatiga- ble in preparing exercises for the concerts, and in attend- ance upon teachers' meetings as well as upon church gatherings. Nor was such activity merely local. While scientific labors had a philanthropic aim, his interest in the moral well-being of the community at large was not slight. He took part in the formation (1878) of the New England Society for the Suppression of Vice, and became one of its directors. Professor Nichols was deeply con- scientious both as a Christian man and a scientist. He had the genius of resolution and the heroism of persever- ance. Overwork brought on empyema, and the last five years of life were years of progressive suffering and weak- ness ; and yet a time of but partially diminished industry. Literary and educational work, even night work continued. An extra course of lectures at the Boston University was 298 ELIOT MEMORIAL. undertaken. Unable to travel to and fro from home, or even from the railroad station, he uttered no complaint, but removed to Hotel Brunswick that he might be in close neighborhood to the place of chosen labor, and not miss an exercise. In 1886 a second and very critical operation became necessary. For this purpose he went to Hamburg, having arranged, before sailing, a cable code to be sent back. The word Prepare signified " The patient is sinking ; " and the word " Worst " denoted " The patient did not survive the operation." These mes- sages, flashed beneath the ocean, filled many hearts with profound sadness. His library, unsurpassed in collections of books and pamphlets relating to sanitary chemistry, was bequeathed to the Institute of Technology, and by that institution has been named, " The William Ripley Nichols Library.' 8. PROF. FRANK EUSTACE ANDERSON. At fifteen years of age, the same age as Prof. William R. Nichols, he joined the church on confession of faith. His testimony at that time to a hearty accept- ^A Memorial, 1887, containing — Funeral Address by the Rev. W. R. Campbell. Memorial from the Institute of Technology. Memorial from the Alumni Association. Antiual Catalogue of the Institution for i886-i88y. Prof. L. M. Norton in American Chemical fournal, Vol. VIII, No. 6. Prof. G. F. Swain in Scientific American, April 30, 1887 Prof. F. H. Storer, an Article for the Atnerican Academy of Arts and Sciences, 1887. EDUCATORS AND LITTERATEURS. 299 ance of all the distinctive truths of evangelical Chris- tianity and to his purposes in life was gratifying, as well as his expressed preference for solid reading instead of fiction, his reverence for the Word of God, and his habit of prayer. Dr. William Everett declared publicly that our Latin School " never graduated a brighter intellect, a warmer heart than that of Frank Eustace Anderson, of the class of i860." He was born November, 1844, at Goff's Falls, New Hampshire. The family came to Boston when he was four years of age. His father, like some others of the same name, hailed from the Scotch element in the north of Ireland, and was senior partner in the house of Anderson, Heath & Co., Boston. In the Roxbury Latin School Frank Anderson was recognized as a scholar of great promise. From Harvard College he graduated, 1865, among the highest in the class, his record in Greek scholarship being very exceptional. He was then enrolled in Trinity College, Cambridge, England. Excellence in the classics secured for him a scholarship, and after taking his degree there, in 1869, he studied for some time at Heidelberg and Berlin. For two years he served as tutor at Harvard College, and then received appointment as assistant professor. His enthusiasm and his improved methods of teaching gave a new impulse to the study in his chosen department. Professor Anderson's constitution was not naturally strong ; he neglected to observe duly the laws of health, and frequent visits to Europe failing to bring relief from 300 ELIOT MEMORIAL. the neglect of required regimen, he was obliged to tender his resignation in 1878. He afterwards resided chiefly at Leipsic, still pursuing favorite studies, though with con- stantly declining health, and the end came July 15, 1880. His remains rest in the new cemetery of that city. 9. HORACE ELISHA SCUDDER, LITT. D. The family of Deacon Charles Scudder resided here for a few years, but without sundering their ecclesiastical relations to the Essex Street (now Union) Church. Their presence with us was a benediction. The youngest son dedicates one of his books, The Bodleys Afoot {\%']C)), "To the Memory of the Best of Parents ; " and in so doing was at least not far from literal correctness. In the same book our Warren Street is spoken of. Horace E., when a lad of about a dozen summers, was a favorite with those among us of similar age, as well as of those older. He was a leader in social activities, especially such as were of a charitable nature. On attain- ing his majority, Mr. Scudder, referring to a Juvenile Association, which was largely due to his agency, wrote, " We used to hold our meetings in the large vestry, and I recall one of them now — the assembly of children and some older people, the missionary intelligence read from the desk, and, what was the most interesting exercise to the children, the announcement of the sum of money that had been contributed. I wonder if any of my asso- ciates recollect a sermon one rainy Sabbath, by a veteran EDUCATORS AND LIITERATEURS. 30I missionary, Rev. Dr. Poor, from the text, ' The churches of Asia salute you ' — and how in the course of his sermon he called upon the members of the Juvenile Association to stand up, which they did." Mr. Scudder, who was born in Boston (1838), after graduating from Williams College (1858), had private pupils in New York for three years. The stories written for their birthdays were afterwards published in book form, with the title of Seven Little People ajid Their Friends. This was followed by numerous other books designed for the young, entertaining, healthful in tone, and instructive. He approved himself as the man to prepare a work on Childhood in Literature and Art; with some Observations on Literature for Children. The young people of our country are greatly indebted to Mr. Scudder. The Life and Letters of David Coit Scudder^ a brother, whose brief missionary career in India came to a sudden close ; biographies of George Washington and Noah Webster were also by him. Mr. Scudder had charge of The Riverside Magazine for Young People; and in 1890 became editor of The Atla7itic Monthly. He wrote two school histories of the United States, besides contributing to Bryant and Gay's History of the U^iited States, as well as to the Memorial History of Boston. The number of volumes from his pen, not including compilations, is between twenty and thirty. Princeton University, on the occasion of its one hundred and fiftieth anniversary, conferred upon Mr. Scudder the 302 ELIOT MEMORIAL. deeree of Litt. D. In the Riverside Literature series of Portraits and Biographical Sketches of Twenty Amer- ican Authors, Mr. Scudder's name appears along with the names of such writers as Bryant, Cooper, Emerson, Hawthorne, Holmes, and others. CHAPTER XX. LAWYERS. The legal profession has been honored by those who belonged to it while in the congregation, or who entered it after leaving the congregation. With varying degrees of eminence a uniformly high tone of character has been maintained on their part. Though the number is not large, it is all that might naturally have been expected. The first lawyer came to Boston over two and a half centuries since (1637). The present corps in this city is not far from one thousand. I. HON. SAMUEL HURD WALLEY. Three years after the organization of the church, Mr. Walley became a member, and for more than twenty years rendered invaluable service. His seat in the sanctuary on the Lord's Day was never vacant, save when sickness or absence from town intervened ; and he could be depended upon for a helpful share in all week-day devotional meet- ings. Religious training in early life, and a good educa- tion, contributed to qualify him for Christian work. He enjoyed the blessing of pious parents and grandparents — his mother being a daughter of Governor Phillips. He graduated from Harvard College (1826) in the same class with Drs. N. Adams, George Putnam, and A. P. Peabody; 304 ELIOT MEMORIAL. and studied law in the office of Hon. Samuel Hubbard. The powerful ministry of Dr. Lyman Beecher, with whose church in Boston Mr. Walley became first connected, had large influence in shaping his religious views and char- acter. The consistency of his profession he maintained in secular relations, such as various pecuniary trusts, the treasuryship of moneyed institutions, the presidency of Revere Bank, membership for eight years in the Massa- chusetts legislature — of which body he was the Speaker for several sessions — and as a representative in Congress. But it is church life and activity of which more especial mention should be made here. Mr. Walley was the effi- cient superintendent successively of the Mason Street and the Bowdoin Street Church Sunday Schools, and for nearly twenty years was president of the Massachusetts Sunday School Society. It was an unusual circumstance that, on retiring from the charge of the former of those two schools, he was succeeded in the superintendency by his father, Samuel Hall Walley, who held the position for seventeen years, till his death in 1850.' While with us he conducted a large Bible class of young ladies, and their uniform punctual attendance showed their interest. As one and another of them was removed by a lingering illness, it became manifest that the good seed sown by their faithful teacher bore fruit. Mr. Walley was a man of joyous temperament — frank, genial and kind. His presence was a benediction Memorial of Samuel H. Walley^ 1866. LAWYERS. 305 to any neighborhood and any church. I once said to him in his office, " Mr. Walley, how comes it that you always have such a streak of cheerfuhiess, enough for yourself and to make everybody else happy who comes in here ? " " Whatever I have is from God," he replied. " My earliest recollection is the prayers of my mother. I was an ugly boy. At four years of age my grand- mother bade me do something which made me exceed- ingly angry. I went outdoors and sat on the wood-pile, pouting. All at once it occurred to me, ' There is no use in this ; I 'm making myself miserable, and others too; I'll now try and make them happy.' And from that time to this it has been a study with me to make people happy." ' He removed from Roxbury to Boston, and died at the age of seventy-three, August 27, 1877. 2. HON. CHARLES THEODORE RUSSELL. One of the earliest representatives of the legal pro- fession was the Hon. C. T. Russell, who became a mem- ber on confession of faith in 1838. Fifteen or more years later he removed from Boston to Cambridge and con- nected himself with the First Church of that city. Princeton, Massachusetts, was his birthplace, but the earliest ancestor in this country was a Puritan, William Russell, a citizen of Cambridge in 1645. M^"- Russell's parents attained unusual longevity, his father, after voting at state elections for sixty-nine consecutive years, died at ' Meviorial Sermon by Rev. J. M. Matming, D.D., 1878. p. 13. 3o6 ELIOT MEMORIAL. nearly ninety years of age, while the mother lived to her ninety-third year. She was descended from a younger brother of the Earl of Huntington. Mr. Russell ranked high in his class at Harvard Uni- versity, and after graduation studied law. The firm of C. T. & T. H. Russell has been well known for full half a century. During that time Mr. C. T. Russell was elected to a series of public trusts. On the School Committee of Boston he took right ground regarding the admission of colored children to the public schools on an equality with other children, and ably defended the position, though in consequence he failed of reelection. Sentiment has since undergone a favorable change. At different times he represented Cambridge in the lower house of the Leg- islature, and the County of Middlesex in the Senate. While Mayor of Cambridge, 1861 and 1862, he cooperated efficiently with Governor Andrew in filling up quotas of State troops, and it was upon his suggestion that Cam- bridge offered the first large bounties. He was a pro- fessor in the Law School of Boston University from its foundation onward ; and for many years was a corporate member of the American Board of Missions, and one of the Board of Visitors of the Theological Seminary at Andover. Mr. Russell's last sickness was a very short one ; and his death was almost as sudden as that of his son, the late Governor William E. Russell, though he had lived twice the number of years, seventy-nine. LAWYERS. 307 3. HON. WILLIAM GASTON, LL. D. Huguenot blood always suggests pathos and special genealogical interest. Mr. Gaston's ancestor, Jean Gas- ton, one of the French Huguenots who suffered perse- cution and confiscation, fled for refuge to Scotland, where he married. Two of his descendants came from the north of Ireland to New England about 1730, and settled at Voluntown, Connecticut. A son of one of them, John, had a son John, who was Governor Gaston's grandfather, and who married a daughter of his pastor in that town, the Rev. Alexander Miller. Their son, Alexander Gas- ton, removed to Roxbury in 1838. Our William was then in the family, having been born in Killingly, Con- necticut, October 3, 1820. At the Brooklyn and Plain- field Academies of that state he fitted for Brown Uni- versity, which he entered at the age of fifteen, and from which he graduated with honors, 1840. He entered Judge Francis Hilliard's oflfice in Roxbury, and afterwards pur- sued legal studies in the office of those eminent lawyers and jurists, Charles P. and Benjamin R. Curtis of Boston. Mr. Gaston opened a law office in Roxbury, and came to a leading position at the bar. After about twenty years he formed (1865), with Hon. Harvey Jewell and Hon. Walbridge A. Field, a Boston law firm which be- came noted. As an advocate Governor Gaston was one of the comparatively few who achieve well-sustained emi- nence of the first grade. He devoted himself with wisely- directed enthusiasm to his profession. To clear and logi- 3of ELIOT MEMORIAL. cal thinking he united an unusually forcible and convincing manner of address. An air of honest conviction on his own part contributed to his success. He never solicited office, but office solicited him. He became President of the Roxbury Common Council (1852-1853); City Solicitor for five years; Mayor of Rox- bury (1861-1862); member of the House of Representa- tives (1853, 1854, 1856); and of the Senate (1868); Mayor of Boston (1871-1872); President of the Boston Bar Asso- ciation ; Governor of the Commonwealth (1875). In all these positions he was courteous and unassuming. Sound- ness of judgment and purity of life were acknowledged by all. His integrity was never impeached. Simplicity of manners, and a preference for domestic enjoyments were characteristics. His decease occurred January 19, 1894. 4. NEHEMIAH CHASE BERRY. Was born in Pittsfield, New Hampshire, November 28, 181 1. His grandfather did service in the Revolutionary War, holding the rank of captain. An English ancestor settled at Portsmouth before 1640. Dartmouth College was Mr. Berry's Alma Mater ; and after graduating (1839), he became first principal of the Stetson High School at Randolph, Massachusetts. In 1847 he was admitted to the Norfolk County Bar, and three years later began the practice of law in Boston. On removing to Roxbury, Mr. Berry brought to us a letter from the First Church in Randolph, and in a nar- LAWYERS. 309 rative of religious experience spoke, as many another has done, of the Christian earnestness of his mother, and of the conversion of a brother and sister, as a special bless- ing to him when a young man. While in college and in the churches with which he was afterwards connected, Mr. Berry maintained a decidedly consistent character as a professing Christian, uniform in attendance upon meet- ings and the discharge of obvious duties. To the Bible he gave earnest study. Great sobriety of judgment and utterance was a characteristic. His presence and opinions were much valued in ecclesiastical councils when embar- rassing questions came to the front. Unemotional, his mind was distinctively of a judicial stamp. Late in life he prepared a small law-book, entitled Pleading and Prac- tice. Unusual vigor was retained until seventy-eight years of age, when a severe sickness compelled him to relin- quish much of his business, though still continuing to practice law till eighty, indeed till the last day of life. When passed fourscore he argued a case, which involved a nice question of law, before the full bench of the Supreme Court, the decision of which, in his favor, was rendered after his death. That event was due to a rail- road accident, March 19, 1892. 5. HENRY HILL ANDERSON. The eldest son of Dr. Rufus Anderson was a native of Boston. He studied at Phillips Academy, Andover; graduated at Williams College, cum laude, 1848, and im- 3IO ELIOT MEMORIAL. mediately began the study of law in New York, where, the next year, he was admitted to the bar. In 1852 he became the partner of A. J. Willard — afterwards chief justice of South Carolina — and remained in that firm till 1857, when he retired and spent two years in foreign travel. On his return, Mr. Anderson became assistant under the Hon. Greene C. Bronson, Counsel to the Cor- poration of New York, and had entire charge of all cases for the city. Such signal success attended his services in that capacity as secured for him a wide and gratifying reputation. His nomination (1871) by the Democratic party for the bench of the Supreme Court failed of suc- cess ; and ever after he declined public ofHces, though solicited more than once to accept appointment. One position thus declined was a seat in the Court of Appeals. As the counsel of large estate and corporation interests for many years, he exhibited great sagacity and enjoyed the confidence of prominent men, being accounted a lawyer of sound judgment and of uniform regard for the honor of his profession. He stood in the front rank at the bar. Mr. Anderson had connection with many clubs in New York, but was specially interested in the reorganiza- tion of the University Club, of which he was for nine years the president. He joined the Calvary Protestant Episcopal Church, and for a long time was one of its vestrymen. His death occurred at York Harbor, Sep- tember 17, 1896. LAWYERS. 6. JOSIAH WOODBURY HUBBARD. Like many other members of the Boston bar Mr. Hubbard hailed from New Hampshire, the town of Nel- son being his birthplace, January 3, 1826. The father, a physician, removed when this son was ten years of age to Springfield, Vermont. In 1848 Mr. Hubbard entered the Harvard Law School ; but he also studied in the office of Governor Metcalf of New Hampshire, as well as that of Hon. O. P. Chandler of Woodstock, Vermont. On coming to Boston he was for some years in partner- ship with Judge Isaac Storey, and afterwards in business by himself. When the Walnut Avenue Church was formed Mr. Hubbard connected himself with that ; and for a lonof time conducted a Bible Class of ladies. He was a rever- ent and careful student of the sacred volume ; a man of refinement, helpful in religious meetings, and ever ready with kind, judicious assistance for those needing aid. At times his legal knowledge served an excellent purpose in ecclesiastical councils. His death took place September 16, 1892. 7. DAVID BRAINERD GREENE. The eldest son of Rev. David Greene was born in Boston, November 11, 1830. After enjoying the advan- tages of our excellent Roxbury schools, he matriculated at Yale College, but graduated with honors at Williams in the class of 1852. Almost immediately he went to 312 ELIOT MEMORIAL. New York City, and worked in a law-office till admitted to the bar. He then became a co-partner in the law firm of Buckham, Smales & Greene for several years. Later he formed another partnership, and also subsequently practiced awhile by himself. In i860 he went West, and when the war broke out the next year he enlisted in an Iowa regiment, serving at first as a private. He then raised a company, of which he became captain, and which was mustered into the third regiment of Missouri Infantry Volunteers, and con- tinued in that position, serving with his regiment in Missouri, Mississippi and Arkansas, till the eleventh of January, 1863, when he was killed in an action at the beginning of the battle of Arkansas Post. His brother Roger was with him at the time, but the shot was so instantly fatal that no conversation could be had between them. This army service reminds us of the ancestral patri- otism. Mr. Greene's grandfather, Thomas Greene, when only sixteen years old, enlisted as a soldier near the close of the Revolutionary War, three of his older brothers being captains in the Continental army. He lived to the age of eighty-four. It may be added that the father of Thomas Greene, William Greene, was born on the Atlan- tic ocean, while his mother, recently widowed, was return- ing from Old England to New England, about 171 2. LAWYERS. 3^3 8. JEREMIAH EVARTS GREENE. Like his older brother David, Mr. Greene was born in Boston, November 27, 1834, being the date. Our Roxbury Latin School gave him preparation for the University of the City of New York, where he remained a year; then entering Yale College he graduated in 1853. For four years he was engaged in teaching; and after that for two years (1857-1859), being acquainted with civil engineering, was occupied in surveying public lands in western Kansas. Returning to Massachusetts, Mr. Greene studied law in the office of his brother-in- law, Louis H. Boutell, Esq., and on being admitted to the bar, opened an office in North Brookfield (i860). The family of Rev. David Greene furnished, as we shall see, not only three lawyers, but also three army officers in the War of the Rebellion. This son, Jeremiah Evarts, aided (1861) in forming a military company, in which he was commissioned as first lieutenant, and of which he became captain. At the battle of Ball's Bluff (October 21, 1 861) he was taken prisoner, and was in confinement at Richmond for four months. Being released on parole, and failing to obtain an exchange, he resigned his com- mission and was discharged (1862). Resuming practice in North Brookfield for several years, Mr. Greene then removed to Worcester (1868) and became editor of the Worcester Daily Spy, and continued in that position twenty-three years. It will give some idea of the exacting demands of such editorship to state that 314 ELIOT MEMORIAL. Mr. Greene's writing for the paper, if bound up separately, would probably amount to fifty solid octavo volumes. In the meantime he also furnished able papers for the Ameri- can Antiquarian Society, of which he is a member. One of those, which were also published in separate pamphlet form, is an interesting sketch of his early Alma Mater, entitled The Roxbury Latin School, Boston, Massachusetts : An Outline of its History, read at the semi-annual meet- ing of the American Antiquarian Society, April 27, 1887. In 1 89 1 Mr. Greene was appointed postmaster of Wor- cester, and on the accession of President McKinley was reappointed to the same office. 9. HON. ROGER SHERMAN GREENE. Another son of Rev. David Greene hails from Rox- bury as his native place, having been born there Decem- ber 14, 1840. The family afterwards removed to West- borough, and when their dwelling-house there was destroyed by fire, they removed to Windsor, Vermont. Roger entered the Sophomore Class at Dartmouth Col- lege, with which he graduated 1859. After some experi- ence in teaching, he began the study of law with Governor Coolidge, then a lawyer in Windsor. Thence he went to New York; and after pursuing study for three years in the office of Evarts, Southmayd & Choate, was admitted to the bar. The Governor of Missouri having given him a com- mission as second lieutenant in the company of which LAWYERS. 315 his brother David was captain, he joined the regiment then at Ironton, October 20, 1862. From that time on he served in the western forces of the United States till the close of the war. At the general assault on Vicks- burg he received a severe gunshot wound. In August, 1863, the president appointed him captain of a company of Colored Infantry, and with that body of troops he served till his discharge. For several months he was on staff duty with the general commanding the troops of which his regiment formed a part, and for several months was judge advocate of the District of Vicksburg, and later of the western division of Louisiana. He par- ticipated in the movements of General Canby in his expedition to Mobile. Owing to severe sickness he had to be taken North, and in 1865 received an honorable discharge. The next year, having recovered health, Mr. Greene commenced a five years' practice of law in Chi- cago. President Grant appointed him associate justice of the Supreme Court of the Territory of Washington, which position he held for nine years. After being twice re- appointed to that office he became chief justice of the same court, and continued in the same position till 1887. Since then he has been in legal business at Seattle, never, however, practicing in criminal courts. Mr. Greene was the prohibition candidate for Congress shortly before Washington Territory became a state, and prohibition candidate for governor in 1893. Judge Greene recalls passages of Scripture and the Westminster Catechism 3l6 ELIOT MEMORIAL. which he committed to memory in early boyhood while a member of the Eliot Church Sunday School. He is greatly respected in the Northwest as a Christian man and an honorable citizen. lO. WILLIAM PHILLIPS WALLEY. Second son of Hon. Samuel Hurd Walley, and grand- son of Miriam, a daughter of Hon. William Phillips of Boston. This accounts for the baptismal name. On the paternal side he was descended from Rev. Thomas Wal- ley, who came to New England in 1663, and declining a call to Boston, settled at Barnstable. His son John commanded the land forces in the expedition against Canada (1690) ; was for ten years a judge of the Superior Court of the Massachusetts Province ; was a member of the Old South Church, Boston ; and his daughter mar- ried Rev. Dr. Sewall, pastor of that church for fifty-six years. A granddaughter of Judge Walley married Hon. John Phillips, the first mayor of Boston. Mr. W. P. Wal- ley was born in Roxbury, April 11, 1843; graduated from Harvard College, and received his degree of Bachelor of Laws from the Harvard Law School, 1856. He died suddenly in Boston, November 26, 1891. II. GEN. HENRY WILLIAM FULLER. Was born at Hooksett, New Hampshire, June 30, 1838. Pembroke Academy, Merrimac Normal Institute, and Thetford Academy, gave him training previous to LAWYERS. 3^7 entering Dartmouth College, where he was matriculated at the age of sixteen, graduating in 1857. The degree of LL.B. was received from the Harvard Law School in 1859. He began professional practice in Concord, New Hamp- shire. At the first call for volunteers (1861), Mr. Fuller enlisted as a private, but rose to the colonelcy of the 33d United States Infantry, and for meritorious services was brevetted brigadier-general. At the close of the war he commenced the practice of law in the office of his brother-in-law, Hon. William Gaston. For four years he was a member of the Massachusetts House of Representa- tives ; for three years was in the Senate ; and succeeded Mr. Wheelock as judge of the Roxbury Municipal Court. Pneumonia proved fatal to him April 7, 1885. 12. JOHN WENTWORTH PORTER. He was the son of Rev. William Henry Porter, and grandson of Rev. Huntington Porter. On the mother's side he was the grandson of Hon. John Wentworth — a lawyer well known as a member of the Colonial Con- gress— and Lydia Cogswell, one of nineteen children who were all baptized in the Congregational Church at Haver- hill, Massachusetts. John was an unusually conscientious boy. His older brother said of him, that he was always turning himself inside out to see if he could find any sin in himself. Quarrel or fight with other boys he would not, however much tormented by them. He continued under home instruction till eleven years of age, when he 3l8 ELIOT MEMORIAL. began school life at the Comin's Grammar School, and the first day rose from the foot to the head of the class. After a few weeks the principal advised that he be re- moved to the Latin School. After a year spent there his eyesight and general health were permanently injured by disease. He had a special fondness for committing to memory sacred hymns and portions of Scripture. In reply to the question, " Why do you spend so much time in reciting chapters from the Bible, when your sight is so weak ? " he said, " I expect to be blind some day, and am storing my mind with what I love best." At eleven years of age he joined this church, and the evidence of his being more than a Christian in name only was clear. He could not recall the time when he did not love to pray, and love the people and the Word of God. The Sabbath and the Sabbath School were a delight. Impaired health led to removal (1871) to Rochester, Minnesota, where a hemorrhage of the lungs occurred. Notwithstanding this, he took up the study of law by himself, and afterwards entered a law office in Chicago. But another hemorrhage soon compelled his return to Minnesota, where he was later admitted to the bar. The business, however, consisting chiefly of divorce and liquor cases, had no attractions for him. The pastor at Roch- ester, Rev. Dr. Fuller, now president of Central Turkey College, thought highly of Mr. Porter. After fifteen years at the West, he and his widowed mother returned to LAWYERS. 319 Boston (1885) and rejoined the Eliot Church. He was also received to the Suffolk Bar and began business in this part of the city, but fatal sickness cut short his days, August 29, 1887. After his mother had kneeled for prayer at his bedside he asked her to kiss him, and then in perfect peace fell asleep in Jesus. CHAPTER XXI. PHYSICIANS. Sickness knows no favorites ; pays no compliments ; seldom long compassionates childhood ; and less often respects old age. But there are divine designs in all this — admonitions to parents and friends, concerning human frailty, the value of health, the need of wise pre- caution, and that at the longest there can be only a brief residence here. Recovery is only a postponement of mor- tality, and is not sanctified sickness to be preferred to unsanctified health ? Next to good health we would give thanks for a good physician. But while confiding in him we would beware of unauthorized expectations. As a general thing he is oftener distrusted than the pastor ; and if he were as needlessly sensitive as many a minister is, he would probably give up his profession, or at least leave the precinct. The indefeasible Anglo-Saxon right of grumbling seldom has scant scope on these two men. In reading medical biography it is very gratifying to iind that many eminent physicians, like Boerhaave, Syden- ham and John Mason Good, were of decidedly religious character. The medical men of our congregation, though not of great eminence, have been Christian men. The names here follow, and in chronological order, whether PHYSICIANS. 321 they were at the time practitioners in Roxbury prior to 1 87 1, or began practice elsewhere between 1834 and 187 1 ; both those who were resident practitioners, and those who, earher or later, devoted themselves to the heal- ing art. At the time our church was organized, Dr. Prentiss had pretty much retired from practice. Dr. Alcott, during his connection with us, hardly became known as a physician. Roxbury and Boston were at the period referred to well supplied ; though the list of names with M. D. attached was very meager compared with that which numbers over a thousand and five hundred at the present date. I. DANIEL FRANCIS GULLIVER, M.D. Occasionally an entire household were enrolled in our membership, " All in the ark." One such family was that of Mr. John Gulliver, a man conspicuous for Chris- tian activity, and who attained the age of eighty-seven years — Mrs. Sarah P. Gulliver, a woman of rare excel- lence of character, who died in 1865 ; the late Professor John P. Gulliver, d.d. ; Miss Sarah P. Gulliver, afterwards the wife of the Rev. Dr. Lewellyn Pratt ; and Daniel Francis Gulliver, m.d. Dr. D. F. Gulliver heads the list of our young men who entered the medical profession, and was born in Bos- ton, May 29, 1826. In the Boston Latin School and Andover Phillips Academy he pursued preparatory studies, and graduated from Yale College in the class of 1848. 322 ELIOT MEMORIAL. The family having removed to Philadelphia, he attended lectures in the Jefferson Medical College. Not long after beginning practice at Norwich, Con- necticut, Dr. Gulliver had a severe attack of rheumatism, followed by a heart trouble which endangered life, and from which at length he died suddenly in his carriage, May 24, 1895. The condition of his health interrupted professional practice, but not Christian activity. His presence in church meetings, and his conduct of a Bible Class were highly valued. Later he joined the Broadway Church, Norwich, of which his brother, the late Dr. John P. Gulliver, was pastor, and whose successor at the present time is a brother-in-law. Dr. Lewellyn Pratt. Dr. Daniel Gulliver became a member of the Eliot Church in 1841, being then fourteen years of age. He was characterized by delicacy of constitution, by sensitive- ness and refinement. A sunny disposition made him a very agreeable companion, and a decided Christian char- acter gave him power. 2. ALFRED C. GARRATT, M.D. Born in Brook Haven, Long Island, October 3, 181 3, and a few months afterwards was rescued by his grand- mother from the British, in one of their coast raids. She carried him in her arms to a place of safety. After grad- uating at Union College he studied medicine with Dr. David Nelson, author of Cause and Cure of Infidelity. which work Dr. Garratt edited and carried through the PHYSICIANS. 323 press. He was in the City Hospital of New York dur- ing the entire period of the cholera scourge in 1831. Having had experience in general practice for a dozen years, Dr. Garratt went to Germany for further profes- sional study, and devoted himself especially to what was then a new department. Therapeutic Electricity as applied to nervous diseases. In England he was for a fortnight the guest of the Duke of Devonshire, and was invited by the physician of Queen Victoria to attend a consul- tation upon the case of her Majesty. After the war of Rebellion he treated successfully many army officers and others, who suffered from the strain of that period. Gen- eral Burnside, Charles and George Sumner, and Henry W. Longfellow were among them. He was the author of a work on Electrical Therapeutics, which went through several editions. Dr. Garratt was a man of very decided religious char- acter. On becoming seriously impressed at the threshold of manhood, his heart rose in vehement rebellion against the character and government of God ; but he submitted in penitent acknowledgment of sinfulness, and united (1834) with the First Congregational Church in New York City. He acted as reporter and secretary of Rev. Charles G. Finney during his earlier labors in the Chatham Street Chapel. Dr. Garratt's connection with us began in 1856, but the next year, with two others of the family, he took part in the colonial movement to Vine Street. Later he became a member and an officer of Park Street 324 ELIOT MEMORIAL. Church, Boston. Without being a member of any tem- perance society, he was an earnest advocate of strict temperance. Prayer with a patient was no unusual thing. To his children he would sometimes say, " I thank God for the faculty of faith." His last days were full of peace, and almost the last conscious act was singing " Whilst Thee I seek, protecting Power," to the familiar tune of Brattle Street. June 30, 1 89 1, he joined the General Assembly and Church of the first born. 3. HENRY BLATCHFORD WHEELWRIGHT, M.D. A descendant from Rev. John Wheelwright, well known in colonial days, was a son of Ebenezer Wheelwright, who was for some years a member of the Eliot Church. Dr. Wheelwright was born at Portsmouth, New Hamp- shire, May 22, 1824. Having prepared for college at the Boston Latin School, he entered Harvard with the class which graduated in 1844; but ill-health necessitated fre- quent and prolonged absences during the four years' course. His degree of A. M. was dated 1848. After service as master of the Roxbury Latin School, he en- tered the Medical School of Harvard University (1846), ill- health still following him. While a medical student and assistant to his instructor. Dr. B. E. Cotting of Roxbury, he had a large practice among the poor of the town, and in after years elsewhere continued to practice gratuitously PHYSICIANS. 325 among the same class. For a long time he had connec- tion with some of the State charitable organizations of Massachusetts, as Commissioner of Alien Passengers and Foreign Paupers ; General Agent of the Board of State Charities, and Superintendent of Out Door Poor. He is credited with an important work in securing valuable amendments of our poor-laws, and in performing much unrequited benevolent labor. Dr. Wheelright's residence was, at different times, in Taunton, Boston and Newbury- port. In the last named place he died of apoplexy, No- vember 2, 1892. 4. ARIEL IVERS CUMMINGS, M.D. Dr. Cummings was of the typical New England stock, and born at Ashburnham, Mass., June 11, 1823. Having a tendency to pulmonary disease he was obliged to cut short his course at Dartmouth College ; but after recover- ing health sufficiently he studied with a physician in New York City, and graduated at the medical department of New York University. Before coming to Boston he en- gaged in professional practice for three years at Acworth, New Hampshire. When the Civil War broke out, in 1 86 1, he offered his services and was sent to Yorktown, Virginia, for service in the hospital. Soon, however, he received appointment as surgeon in the 42d Massachu- setts Regiment, Isaac S. Burrill, Colonel. That regiment joined General Banks' expedition to Texas. While landing at Gloucester, Texas, they were taken prisoners 326 ELIOT MEMORIAL. by the Confederates, January i, 1863. ^^- Cummings was placed in the rebel hospital, where surgical service was much needed. But he was seized with typhoid dysentery, and after a few weeks of suffering, received his discharge not only from the army, but from all earthly and philanthropic service. Dr. Cummings was a Christian man and a beloved physician. 5. HENRY S. STEELE, M.D. Dr. Steele, a native of Hartford, Connecticut, was not long a member of the congregation. It was evident from the first of his coming among us that a fatal disease was upon him; but as natural life drew to a close, spiritual life seemed evidently to be imparted. Confinement to his room made it impracticable for Dr. Steele to appear per- sonally in the usual way for a public profession of faith, and the church, by a special vote, suspended its rules, and (March 13, 1857) received him and his wife to its fellowship. The following written communication and an oral statement by the pastor were the basis of that action : " Within the last few weeks, it has pleased God in his mercy to give me, I trust, a convincing view of my sinfulness and lost estate by nature and by practice, and he has, as I hope, given me by his Spirit a saving view of Jesus Christ, the only and all-sufficient Redeemer, on ■whose atonement alone do I now rely for pardon and life everlasting. Toward him, his word, his people, and his kingdom, I have such feel- ings as encourage me to regard myself as spiritually a new man in him, and to profess myself a disciple of his. It is my desire to leave on PHYSICIANS. 327 record a testimony to his wonderful grace and loving-kindness toward me who till so recently had remained an impenitent sinner. I desire also, if it be consistent, to have my name enrolled among his avowed followers and friends ; and should be happy, so far as in me lies, to honor him by such public confession of faith as circumstances will permit ; and that, during the few remaining hours, or at most the few days that I may remain on earth, I may enjoy the prayers and privi- leges of the visible church. " To the Articles of Faith and the Covenant of the Eliot Church I hereby signify my full assent. My prayer is that God may abun- dantly bless the brethren and sisters in Christ, from whom I am soon to be separated by death ; and that, before the eleventh hour every im- penitent sinner may come to Jesus, now while it is an accepted time and a day of salvation." Dr. Steele had pursued literary and scientific studies with credit to himself ; he had taken counsel of others versed in the healing art ; had repeatedly tried the air of more genial climates, but came back a bafHed consump- tive to die in early manhood. It was not till then that he consulted the Great Physician, and in regard to the worst of all maladies. It was amidst symbolic breaking of bread and shedding of blood, that he seemed to hear the crucified Saviour say, " Today shalt thou be with me in Paradise." 6. STEPHEN WALLACE BOWLES, M.D. Was born at Machias, Maine, December 21, 1835, the oldest son ot Stephen J. Bowles, who, having removed with his family to this place, joined the Eliot Church in 328 ELIOT MEMORIAL. 1846. Stephen W. graduated from Williams College in the same class with Gen. James A. Garfield (1856). Three years later, having completed the course at the College of Physicians and Surgeons, New York City, he went to Europe for the purpose of studying with Dr. Trousseau and others in Paris. He served as surgeon in the late war, and also practiced his profession in Brattleboro, Vermont, and Yonkers, New York, before establishing himself in Springfield, Massachusetts (187 1). He was a prominent physician in that city, holding for some years a position on the staff of the hospital. Dr. Bowles was very much beloved and esteemed. His death occurred February 12, 1895, but interment took place in the family lot at Mount Auburn. 7. TIMOTHY R. NUTE, M.D. A son of Captain James Nute, and born in Mad- bury, New Hampshire, June 22, 18 19. He was a pupil at Gilmanton Academy ; taught school in Newmarket ; studied medicine with Dr. Isaac W. Lougee, in Alton, and at the Dartmouth Medical School. He established himself in practice at Roxbury, 1850, and early the next year joined the Eliot Church, bringing a letter from Newmarket, New Hampshire. Fourteen years later (1865) he removed to Chicago, where he died of angina pectoris, March 10, 1879. PHYSICIANS. 329 8. BENJAMIN MANN, M.D. Richard Mann of Mayflower memory settled on what still bears the name Mann Hill in Scituate. From him, in the sixth generation, came our Dr. Mann, who was born at Randolph, Massachusetts, March 31, 18 14. He graduated from Amherst College with the class of 1837, and began medical study under Dr. Ebenezer Alden in his native town, pursuing studies afterwards with Drs. Perry and Bowditch in Boston. He also attended lectures in the Harvard Medical School, from which his degree of M. D. was received in 1840. He began practice in Foxborough, where he re- ceived a call and settlement, in some sense as is the case with a pastor, prominent men in the town agreeing to make up a certain sum if his income came short. That, however, did not occur. In the course of twelve years practice extended to adjoining towns, and made too large demands upon his strength. Hence his removal to Rox- bury (1852), where he continued in professional occupation till his death in Brooklyn, New York, on a return trip from Florida. At the age of eighteen Dr. Mann became a communicant in the First Church of Randolph. In Foxborough he led the choir in Sunday services, and was much endeared to the people. On removing from the town an ovation was tendered him. In his connec- tion with the Eliot Church he was esteemed as a Chris- tian man, and for a wide circle of patients he was " The beloved physician." 33° ELIOT MEMORIAL 9. FRANCIS H. DAVENPORT, M.D. Dr. Davenport hails from Boston, Roxbury District, where he was born March 27, 185 1, a son of Mr. Henry Davenport, who was for some years Clerk of the Eliot Church. Our Latin School gave him preparation for college. Williams College gave his A. B. with the class of 1870, and the Harvard Medical School his degree of M. D. in 1874. Gynecology is his specialty. In that department he is achieving distinction, having been suc- cessively Assistant, Instructor, and now Assistant Pro- fessor in the Harvard Medical School. He has been Phy- sician to St. Luke's Hospital for convalescents, etc., and is at the present time Assistant Surgeon to the Free Hospital for Women. In 1889 he appeared as the author of a Manual on one class of diseases. Dr. Davenport is a son, as above stated, of the late Mr. Henry Davenport, who died January 24, 1898, at the residence of his son-in-law. Dr. Clement Cleveland in New York City. He attained the age of eighty-seven. Seven years before that he retired from business connec- tion with the Pacific Mills, of which company he had been an ofHcer for nearly forty years. Mr. Henry Daven- port was one of the original members of the Boston Genealogical Society, and Vice-President of the Numis- matic Society. 10. ROBERT BELL, M.D. Dr. Bell's birthplace was Alnwick, the well-known seat of the Dukes of Northumberland, " The Hotspur Percys." His grandfather, Robert Bell, going from Glas- PHYSICIANS. 331 gow, settled in Alnwick, was a devoted friend of the Free Church, and a successful manufacturer. Dr. Bell's early education was in our Roxbury schools, and he had from boyhood a strong desire to be a physician, a desire fos- tered partly by the fact that a cousin of his had become a prominent practitioner in Glasgow, the ancestral city. Dr. Bell, being the eldest child in a large family, assisted in the education of the younger members till they had graduated at the High School. He entered Phillips Academy, Andover, and graduated there in 1879. A full course at the Harvard Medical School was immedi- ately commenced, and the degree of M. D. secured in 1884. Out of a class of eighty he was one of the five successful candidates for appointment as Home Physician to the Boston Lying-in Hospital, and two full years of clinic experience was of great value. Then followed three years of practice at Roxbury. In 1887 he entered on practice in Medway. It was a large and a hard service. Dr. Bell had never been rugged ; the heaviest of domestic bereavements contributed to failure of health ; and a severe bronchial asthma necessitated an entire with- drawment from professional practice. CHAPTER XXII. ARTISTS. It was not due to our public school system, however excellent, that certain earlier members of the Eliot Church had their thoughts turned to art, and had their taste cultivated. In those days schoolrooms were as bare of decoration as if all the pupils were expected to be blind. It seems not to have occurred to committees and teachers that among the elements in every human being is a capacity for discerning the beautiful in form and color- ing; that any course of education is defective which fails to contemplate this source of refining culture, and which fails to provide for it early. While Boston and its en- virons took comparative lead in the introduction of sing- ing as a branch in our public schools, it was not till 1870 that any organized and effective movement was made in the direction now referred to. That was a pioneer move- ment, preceding by ten years the association for a similar purpose in London, of which Ruskin was president and Matthew Arnold one of the Vice Presidents. Many of our public school buildings have now been redeemed from former barrenness. Church architecture and domestic architecture, with their interior appointments, not to speak of other evidences of improved taste, already show a gratifying advance on the right line. ARTISTS. 333 I. SAMUEL LANCASTER GERRY. Mr. Gerry, like many others in the congregation, came of Puritan stock. Some of his ancestors were en- gaged in the colonial wars ; and his grandfather was in the Lexington engagement, 1755, as well as in later Rev- olutionary engagements. Mr. Gerry was born in Boston, March 10, 181 3. A taste for drawing was developed in boyhood, and his earlier art productions were miniatures on ivory. Then followed portraits in oil colors, exhibiting peculiar softness and delicacy of flesh tints. Notwithstand- ing success and pecuniary profit in that line, he turned to landscape painting. More than two-score summers were spent at the White Mountains, and his pencil per- formed much the same service for that region as did the pen of Rev. Starr King. A four years' study in Europe ( 1 850-1 854) brought him into acquaintance with various eminent artists, among whom were our Hiram Powers and Horatio Greenough. Other visits abroad were also made, one of two years (i 873-1 874), with a part of his family. Mr. Gerry was one of the founders of the Boston Art Club, and was repeatedly chosen its President. He lec- tured on art in Boston and at Wheaton Academy, as well as elsewhere. Articles from his pen were often con- tributed to leading journals or magazines. Mr. Gerry did not have the benefit of a religious training in early life, and up to about thirty years of age entertained erroneous and skeptical views. But a careful reading of the Bible dispelled those notions, and 334 ELIOT MEMORIAL. he was led into the light as a penitent and humble be- liever in Jesus Christ, the sole Saviour from sin. He was a more than usually devout and conscientious as well as cultured man. He discountenanced theater-going, and would not have his children learn to dance. Having removed his relation to the Walnut Avenue Church he furnished a hymn for the dedication of their place of worship, which is above the average of such contributions. One specimen will show how happy his remarks often were at devotional meetings: " In the autumn we miss some of the fair colors of the new foliage of the earlier seasons, but if the hues are more somber, the vistas open, and we can see further, for the blasts that strew the earth with fallen leaves clear away the obstructions to our field of vision, and the dis- tant scenes become unveiled. So it is in the autumn of life." Mr. Gerry's death was a peaceful one, and took place April 26, 1891. 2. MRS. VICTORIA ADELAIDE ROOT. Mrs. Root was one of Mr. S. L. Gerry's pupils. A shaded romance attaches to her early life. The parents came from England ; and the title for a tract of land which the father purchased in Illinois proved to be value- less. The mother, a delicate London-born woman, died; and soon after the father was killed in a steamboat ex- plosion on the Mississippi River, leaving two little orphan daughters. They were adopted by Mr. and Mrs. Artemas ARTISTS. 335 Ward, who died of cholera in 1849. Their only daughter, Miss Patience P. Ward, being thus, like the two sisters by adoption, also now an orphan, kindly took the place of mother to them. She afterwards purchased a house in Roxbury, near that of the late Dr. Rufus Anderson, and with the older of the two daughters joined the Eliot Church (1864). Mrs. Root attended school in New York and else- where ; and before coming to Roxbury had taken lessons in art. She began painting and sold her pictures. In 187 1 she went to Europe and studied a year in Florence. After that she entered Julien's atelier in Paris, and was favored with the criticisms of professors of Beaux Arts, at the same time working from cast and from life, as well as copying in the Louvre and Luxembourg. A copy by her of Teniers was bought by a sister of the late John Bright, M. P. Before going to Europe Mrs. Root had had classes in painting; and removing to Chicago had two large popular classes most of the time for five years. She took up china decorating with success, and sold over six hundred pieces. She wrote on art for the Chicago Times and other papers. But the eyes gave out; and being obliged to suspend for the most part both painting and writing, has removed, on account of health, to Florida. 3. MISS EMILY PERCY MANN. The elder daughter of Dr. Benjamin Mann made public profession of faith in 1857. A taste and stimulus 336 ELIOT MEMORIAL. for art came from the mother, who was familiar with palette and brush. Miss Mann's first systematic study of art began in the Normal Art School of Boston, where she took examinations in perspective and geometry, and in all free-hand studies. Water-color study was pursued under Mr. Ross Turner, in whose summer sketching class she was for four years an assistant. Later came engagement with a class of professional artists under Mr. Arthur W. Dow. Miss Mann had, for many years, summer out-of-door classes in Kennebunkport and Portland, teaching also, during the winter, in her studio, as well as in Boston private schools. Her most marked success was in decora- tive work from chrysanthemums, Japanese paper and a treatment somewhat after Japanese style being employed. Work in water-color landscape and flowers might be seen at the exhibitions in Boston, Chicago, Philadelphia and New York, as well as elsewhere. It was a gratifying tes- timonial to her skill that at the Water-Color Exhibition in the city last named, three years ago, a picture of hers was the first one sold, the purchaser being a member of the jury. Miss Mann died at Framingham, October 18, 1899. 4. MR. FRANK THAYER MERRILL. The earliest New England ancestor on the father's side was Nathaniel Merrill, who came to this country shortly after 1630, and was of French Huguenot origin. Merle beino; the oriq;inal form of the name. The mother ARTISTS. 337 of Mr. Frank Merrill's father was of German extraction, and her father was an officer in the Continental army under Washington at Valley Forge. Mr. Merrill's own mother, Sarah Alden, a descendant in the seventh gen- eration from John Alden of the " Mayflower," was a member of Mr. S. H. Walley's Bible Class in the Eliot Sunday School. She had an unusual love for art, and a decided ability in that line, and this is one of innumerable cases in which the mother reappears in the son. Mr. Merrill's art studies began in the Drawing School of the Lowell Institute, and were continued in the school connected with the Boston Museum of Fine Arts. His productions — and they are a marked success — have been confined, for the most part, to the illustra- tion of books and magazines, with occasional work in water-colors. A tour of five months in Europe was of much value as a source of instruction and inspiration. Mr. Merrill joined the Eliot Church in 1866. In the Walnut Avenue Church he has held the office of Deacon, Superintendent of the Sabbath School, as well as other positions. CHAPTER XXIII. DEAF-MUTES. Of this class there have been several members. Very few of the congregation are conversant with the sign- language ; and as communication by writing is slow, per- sonal acquaintance has not been general nor intimate. But the individuals now referred to have uniformly attended church on sacramental occasions; have been much respected, and a deeper interest in them has been felt than could be easily expressed. No class in the community who labor under natural infirmities awaken prompter sympathy. The number of such in the whole country is supposed to be not far from fifty thousand, and the increase is larger propor- tionately than that of the entire population. In the United States there are sixty-three public and sixteen private or denominational schools for this class, which have a total average attendance of about ten thousand pupils. The oldest of these institutions, founded in 1817, is the one at Hartford, Connecticut. Most of the public schools are maintained, free of charge, at State expense. A considerable number of the deaf become members of different churches, the larger number being Episco- palians, as the liturgical form of worship is better suited DEAF-MUTES. 339 to their condition. There is one Roman Catholic mission in behalf of mutes who adhere to that faith. In our economic world this class are generally doing well, being, in the main, industrious and self-supporting, as farmers, mechanics, and the like. There have been instances of success in different branches of art, and a few cases of success in the professions — ministry, law, architecture, and engineering. Gallaudet College, Wash- ington, District of Columbia, has an enviable place as the only institution of the same grade, for this class, in the world. It is supported by our national government, and receives students from every part of the country. One of the well-known and justly distinguished mutes was John Carlin, a miniature painter, whose work ranked among the best. Another was Rev. Henry W. Syle, a student of Cambridge, England, who took his degree of A. B. from Yale by passing, at one time, a full examina- tion in writing on all the studies of the four-years' course. He held a responsible position in the United States mint at Philadelphia; and became rector of the All Souls' Church for the deaf in that city. Mr. H. Humphrey Moore, a native of Philadelphia, has for many years been one of the leading artists in Paris. Mr. Douglas Tilden, of San Francisco, studied sculpture in the city last named, and since his return has produced more than one credit- able work. The names of Laura Bridgman and the wonderful Helen Keller, suffering from blindness in addition to deafness, are widely known. 34© ELIOT MEMORIAL. During the period under review deaf-mutes to the number of six were welcomed to our fellowship, and not- withstanding their silence, have been valued members. So far as is known they " Walked worthy of the vocation wherewith they were called," and a very tender interest was felt in them. The silent pastoral visits at their homes are remembered as among the most noteworthy of former years. I. JONATHAN p. MARSH. The oldest son of Rev. Frederick Marsh. His father was, for over two-score years (1809-185 1), a highly valued pastor of the church in Winchester, Connecticut, and was an occasional visitor at my father's house. Among his ancestors was the man who hid the Colonial Charter in an oak tree, when Andros was in Hartford. This son Jonathan was born in Winchester, April 26, 18 14. Owing to a severe sickness before two years of age, he lost the sense of hearing. Miss Z. P. Grant, afterwards a dis- tinguished educator associated with the Rev. Joseph Emer- son, taught him drawing and writing. From thirteen onward he was, for six years, at the well known school in Hartford, of which Rev. Thomas H. Gallaudet was founder and then the principal. He afterwards wrought at his trade as cabinetmaker and piano-maker in that city ; also in New York City, Boston, and elsewhere. In the course of a revival in his father's church he became greatly distressed about his spiritual state, and many times DEAF-MUTES. 341 inquired, "How shall I repent of my sins?" Pardon and peace came at length through the discovery of Christ's atoning merits, and in 1838 he joined the Brick Church, New York, Dr. Gardiner Spring, pastor. Some distress- ing spiritual struggles were afterwards experienced ; but turning the eye of faith to Christ as Saviour, he then tes- tified, " How beautiful is the holiness and glory of God." " Abba, Father " was his heart's cry ; and giving himself up to God in Christ cheerfully for life, he had foretastes of heaven. Mr. and Mrs. Marsh became members of the Eliot Church in 185 1. On coming to Boston he started a Bible Class of Deaf-Mutes, as there was at that time no other provision for their public instruction and worship. The vestry of Park Street Church, and then one of the rooms in the Mount Vernon Church were placed at their service. The class increased in number till there was an average attendance of over thirty. There came a season (1857-58) of special religious interest, when seven indi- viduals expressed the hope of a saving change. In 1862 the " Boston Deaf-Mute Christians' Association " was or- ganized ; and during all those years Mr. Marsh was much respected as a consistent and useful Christian man. After residence here and labors of about thirty years, Mr. Marsh removed to Connecticut, and later to Illinois ; but health having failed, the family were welcomed again (1897) ^^ their former church home with us. His two daughters married mutes, and the children of one follow their parents 342 ELIOT MEMORIAL. as regards their infirmity, while the children in the other family have the sense of hearing. At eighty-four years of age, and after sixty years of unblemished church membership, Mr. Marsh fell asleep in Jesus (March 2, 1898) to awake where the tongue of the dumb shall sing. 2. MRS. PAULINE P. MARSH. A native of Douglass, Massachusetts (181 7), and edu- cated in Hartford at the same time as Mr. Marsh. After graduation and before marriage she had a private pupil in Rhinebeck, New York, and then one in New Bedford, Massachusetts, who labored under the same infirmity as herself. Marriage having taken place in 1840, the fifty- fifth anniversary came January 24, 1895, ^^^ was duly observed by friends. Some of those who were not able to be personally present wrote congratulatory letters, with expressions of warm friendship and deep respect. One fellow pupil at Hartford wrote : " You did a great deal of good at the Asylum by giving religious lectures to the pupils at different times, as well as by undoubted Christian character." Rev. Thomas Gallaudet, from New York, said: " I have watched your course during your long lives and have always esteemed you most highly for your con- sistent Christian character. You have set good and wholesome examples. You have exerted elevating and purifying influences from affectionate and cheerful hearts. DEAF-MUTES. 343 You have made the rehgion of our Lord and Saviour Jesus Christ a living reality. My dear father and mother always loved you and often spoke of their regard for you. I remember you in my early life when you were pupils at the American Asylum in Hartford, and your pleasant, bright faces were imprinted on my memory in such a way that they are fresh and clearly defined today. I re- member my visits to you in Boston ; I have met you at conventions and other gatherings of deaf-mutes, and have always admired your gracious manners and intelligent expressions of thoughts and feelings. The good seeds which you have sown so faithfully and perseveringly have yielded abundant fruit." Mrs. Marsh was greatly affected by the death of her husband, and only three months after- wards followed him to the home on high. 3. MRS. PAULINE MARSH BOWES. The children of Mr. and Mrs. Marsh all labored un- der the same infirmity as their parents. Their only son, J. Frederick, died in boyhood, aged fifteen years. Cath- arine B., the older of two daughters, spent nine years at the Hartford School, and in 1867 married Mr. Adam Acheson. There is something noticeably impressive and even pathetic in pastoral calls on such families at which not a word is spoken ; and so, too, at funeral services. The second daughter, Pauline M., married Mr. Bowes, and is now a grandmother living in Chicago. She was born May 21, 1845, ^'^^ spent eight years in the in- 344 ELIOT MEMORIAL. stitution at Hartford where her parents were educated. Examination for membership in the Eliot Church was conducted in writing, November, 1866. She had then entertained the Christian hope for six months. She had previously tried, at different times, to be a Christian and to do what the Bible requires, but soon forgot all. At length came conviction of sin, and the felt need of a Saviour. Among her written statements are these : " Felt that I was a lost sinner ; prayed to Jesus Christ as never before ; prayed many times a day ; felt no interest in worldly things. By and by relief came to my burdened soul ; love to Jesus sprang up ; thought of him all day long. O, I love him indeed ! " 4. MR. WILLIAM LYNDE. Was born at Saybrook, Connecticut, October 11, 1823. His earliest known ancestor was Enoch Lynde, a London merchant, who died 1636. Simon, a grandson of the latter, came to Boston in 1650, and became Assistant Justice of the Court of Pleas and Sessions; dying, 1680, his remains were committed to a tomb in the Granary Burying Ground. One of his grandsons, Joseph, married Ann Lord of Say- brook, Connecticut. Their son William graduated from Yale College, 1760, and married Rebecca, daughter of Rev. William Hart, of Saybrook. William, a grandson of Mr. and Mrs. Hart, was the friend now in mind. When six months old, scarlet fever deprived him of hearing. Entering the Hartford Asylum for Deaf-Mutes DEAF-MUTES. 345 at ten years of age, he spent five and a half years there, and graduated with honor. For thirty-six years he was employed by Chickering & Sons in their piano manu- factory; also thirteen years by Hallet & Davis. At one time when that business was dull, Mr. Lynde had em- ployment at the Watertown Arsenal, walking six miles from Roxbury each way for eighteen months, and was obliged to be at work by seven o'clock in the morning. That was just at the beginning of our Civil War; and on account of pressure of business, he was required to appear for work on Sundays, or be discharged. He re- fused to work on the Lord's Day. After two Sundays he was allowed to return, his religious scruples being respected. The sketch of Mr. J. R. Marsh makes mention of religious interest in his Bible Class (1857-58). Owing to influences in that class, to Mr. Marsh's private labor, and to religious reading, Mr. Lynde, who had been mostly indifferent before, became very thoughtful, indeed, very anxious regarding his spiritual condition. His conviction of sin was unusually deep. He could speak only of "mountains of sin." When received to the Eliot Church (1861) he stated in writing: " While kneeling before God and praying for needed grace, Jesus Christ was manifested to my inner soul. I looked unto Him the Crucified, and the black mountain of my sin disappeared and I felt the love of God with peace. Feel now that He is ever near me ; that He is 346 ELIOT MEMORIAL. ever merciful and full of grace. Feel myself helpless, and must depend on Him. My special desire is that He may increase my poor faith. The fourteenth chapter of John is my favorite comfort. I rejoice to be present at sac- ramental services; no matter as to my depravity or deaf- ness, our Jesus is ever with us." It is gratifying that he should be able to say, " I do not feel sad at being deprived of the sense of hearing, but grateful for saving grace through our Lord Jesus Christ." While living at West Roxbury, for two years he walked to Boston on Sundays to conduct a meeting for the mutes, as he had scruples about patronizing pub- lic conveyances on that day. He was a constant student of the Bible, and there were very few passages to which he could not turn at once without the aid of a con- cordance. Mr. Lynde's last sickness of seven weeks was one of suffering, but one of patient endurance. It was in the midst of repose, bodily and mental, that he fell asleep in Jesus, January 14, 1899. 5. MRS. CAROLINE F. LYNDE. Of the four Christian sisters belonging to this class two joined the church on public confession of their faith, and one of these was the wife of our brother, Mr. William Lynde. She had been a favorite pupil at the Hartford Deaf and Dumb Asylum, and was well educated. Her style seldom betrayed, as is often the case, the infirmity under which she labored. She was a woman of much DEAF-MUTES. 347 refinement and of very pleasing features. A severe sick- ness was blessed to her spiritual good. In applying for admission to the church she presented a satisfactory written statement, to the effect that she became so deeply sensible of her guilty impenitence as to see the justice of God in everlasting punishment ; that prostrating her- self before the Lord Jesus she cried in spirit, " Here I am, do with me as thou wilt. I beg for mercy. I soon overflowed with joy and happiness. I felt that the Saviour was near, and my eyes were opened to see my need of Him; and how precious did He become to me! He is my daily delight and meditation. I do wish every one in the world to know what a precious Saviour He is." Her membership dates from June, 1854. After a few years, pulmonary consumption came. In one of my visits during that sickness I placed before her eye this verse from the Bible, " My flesh and my heart faileth, but God is the strength of my heart, and my portion forever." With a feeble hand she wrote under- neath, " Very beautiful ; I, too, found it true." The last inquiry of her devoted husband, in the language of signs was, " Do you know me ? " With emaciated fingers she replied, "I know Jesus;" and her eyes closing, her tongue was unloosed in another world, June 25, 1862. 6. MRS. MARY COFFIN LYNDE. Alton, New Hampshire, was the place, and June 6, 1827, the date of her birth. One of her sisters married Prof. Benjamin Stanton of Union College, and another 348 ELIOT MEMORIAL. sister married Rev. William W. Griffis. Mrs. Lynde had the advantage of education at the school in Hartford, Connecticut, and became the second wife of Mr. Wil- liam Lynde. While yet a minor Mrs. Lynde joined the Freewill Baptist Church, of which her father was Elder, but after- wards became convinced that she had made a mistake, and was not, at the time, a truly converted person. Later her condition as a sinner, her utter need of a Saviour, the atoning merits of Jesus Christ, and the offer of free forgiveness for his sake, were apprehended as never before, and in 1864 the Eliot Church received her on confession of faith. She became much devoted to kind, neighborly acts, to attendance upon the Bible Class, and to various religious duties. The prayerful study of God's word was her constant habit. The last sickness was one of great suffering, but of no complaining. April 6, 1891, brought release and translation, as we believe, into the world whence all infirmities are banished, and where it is always springtime. CHAPTER XXIV. NOTEWORTHY LAYMEN. Those in some of the aforenamed classes were obvi- ously persons of note. The ofifices which they held would have made them prominent if personal qualities did not. But there were so many others — some of them not less conspicuous — that a complete enumeration and portraiture would be inconsistent with prescribed limits. The lack of materials easily accessible has had much influence in making a selection of those to whom sketches are de- voted. Comparative importance of names has not been of decisive consideration. Such men as Laban S. Beecher, Moses Day, John A. McGaw, Joseph Ballister, John J. Soren, Otis Packard, Asher Adams, John Gulliver, Robert H. Thayer, Stephen J. Bowles, E. Hubbard Severance, Ebenezer Wheelwright, Henry Davenport, J. O. L. Hillard, Charles F. Bray, Benajah Cross, Samuel W. Hall, Charles Hulbert, Thomas Chamberlain, Nathan Brown, William Brock, Benjamin C. Tinkham, are among those who might well have been included. I. DR. NATHANIEL SHEPHERD PRENTISS. Was born in Cambridge, August 7, 1766, ten years before the Declaration of Independence. His father was one of the seventeen who threw the obnoxious tea into 35© ELIOT MEMORIAL. Boston Harbor, the evidence of which, as Dr. Prentiss remembered, was the next morning apparent on the old gentleman's boots. The judicious mother did not then gratify the lad's curiosity by telling him that what he had found was tea-leaves. He saw the British soldiers on their march to Lexington and Concord, and saw one of them on their return shot down by a neighbor of the family. His mother took him to the cellar to avoid shots poured into the house by the retreating foreign troops. The class in Harvard College with which Dr. Pren- tiss graduated was that of 1787 — a class larger, with two exceptions, than any which graduated at that venerable institution till 1797 — a class, no member of which, he once informed me, came under censure. Judge Putnam, Judge Cranch of Washington, D. C, and John Quincy Adams were his classmates. The last named was born in 1767, and his decease occurred six years before that of Dr. Prentiss. " The Old Man Eloquent " declared — " This is the last of earth, I am content," and was gath- ered to his fathers. Dr. Prentiss commenced the practice of medicine in Marlborough, and his professional life extended through more than half a century; but in 1801 he removed to Roxbury and took charge of the Latin School. That school having been founded in 1645, he was the seven hundred and sixty-second teacher. He continued in charge with acceptance for eight years, and then con- ducted a private school for several years. The visit paid NOTEWORTHY LAYMEN. 351 him late in life by many of his surviving pupils, and the elegant testimonial of their respect presented on the occa- sion, were alike honorable to them and to him. One of the pupils whom he trained and assisted, and to whom he became strongly attached, was Samuel Newell, then an orphan boy, whom Judge Lowell, grandfather of the late James Russell Lowell, befriended. Newell was the first graduate of Harvard whom the American Board sent out as a missionary. Before embarking for India (1812), he came to take leave of his beloved preceptor, and owing to a misstep, he left a footprint on the freshly- painted floor, which the Doctor would never allow to be obliterated, though, prior to removing from that house, he had the paint renewed more than once. Dr. Prentiss' services to the town of Roxbury ex- tended through a long period. Various offices were en- trusted to him, such as that of representative to the Gen- eral Court for a series of years, and that of Town Clerk for about thirty years. Having reached four-score when the municipal form of government was adopted, he retired from further public service. In all the positions held by him he was pronounced highly urbane and oblig- ing towards associates ; and in his transactions eminently accurate, prompt and faithful. In religious views and character Dr. Prentiss was a Calvinist, holding with earnestness to the Abrahamic cov- enant and to Orthodox Congregational usages, yet with sympathies broad and warm toward all evangelical 352 ELIOT MEMORIAL. Christians. In the estabhshment of the first Baptist Church in Roxbury, which antedated the Eliot Church, he was deeply interested, contributing efficient influence and pecuniary aid, and to the last continuing to rejoice in its growth. His name stands first on the list of those organized into the Eliot Church, over whose inception and growth he watched, and prayed, and wept in exulting gratitude to the King of Zion. Never did I feel more surprised than when, early in my ministry, he, a white-headed patriarch, used to speak of being comforted and edified by my ministra- tions. In his presence I always felt like a tyro who was enjoying the special privilege of instruction from a wise master. In one instance, during a protracted and severe sickness — from which there was for some time no hope of recovery — as I was sitting by his bedside after con- valescence had commenced, he said, " If it should please God to spare me, and raise me up, and permit me to go to his house, I would give more to hear a good gospel sermon than for ten thousand worlds." His later years were years of singular serenity, soothed and cheered by the ministrations of devoted daughters. Seldom has any one of equal age retained such freshness of bodily senses and faculties of the mind. The vita vere vitalis was in full vigor. Faith, hope and charity were stronger than ever. His vital union to Him who is the Vine became a point of triumphant assur- ance. His last whispered words, as an affectionate sister NOTEWORTHY LAYMEN. 353 wiped the tear from his eye, were, pointing upward — " No tears there ! " and his last conscious act, after the power of speech had ceased, was to lay one finger across another in token of the cross of Christ, in which he gloried to the last. Dear old man ! Never did a more earnest listener sit in the sanctuary. That hoary head borne erect in commanding dignity, that noble counte- nance which shone as it had been the face of an angel, are still as distinct in memory as they were half a century ago. 2. JOHN HEATH. The name Heath has been a prominent one in Rox- bury from the earliest times. Isaac Heath came by the " Hopewell " in 1635, took the freeman's oath the next year, and one year later was elected a representative of the town in the legislature. About the same time he was chosen a Ruling Elder of the church, which indicated that he was regarded as a man of decidedly Christian character, as well as of superior prudence and wisdom. That office, in which he continued during life, brought him into intimate relations with John Eliot. He was a man of means and was one of the founders of that Rox- bury school which, at that time, furnished, it was said, more scholars for the college than any other town of the size in New England, and to which he made a handsome bequest. He assisted Eliot in his work among the Indians and appears to have had some knowledge of their lan- guage. For more than four years he gave a home to 354 ELIOT MEMORIAL. an Indian lad. Elder Heath died January 21, 1660, aged seventy-five.' In a collateral line was the well-known Gen. William Heath, a prominent citizen and a prominent officer in the struggles of the Revolution. He was born the seventh of March, 1737; lived on the same farm where his an- cestor settled in 1636; and in the year 18 14, when he died, had outlived all the other major-generals of the Revolutionary army. He had been a representative in the General Court, and in the Provincial Congress. His '"''Memoirs of Major-General Heathy containing anecdotes^ details of skirmishes, battles, and other military events dur- ing the American zvar, written by himself is a book of 388 pages, published 1798. John Heath was one of the six original members of the Eliot Church who, at the time of its organization, made, for the first time, public profession of the Christian faith. He had previously attended the Old South Churchy in Boston. He was a man of extreme diffidence, so much so that he could never take active part in social religious meetings. He did not, however, belong to that class who are silent at devotional meetings but voluble when secu- lar business is on hand. His habits of punctuality and general regularity in attendance upon divine worship and in fulfilling all engagements, were observable. Being for some years treasurer of the ecclesiastical society, he came to my house invariably on quarter-day to pay an install- ■ See Lives of Isaac Heath and John Bowles, by J. Wingate Thornton. NOTEWORTHY LAYMEN. 35S ment of the salary. Having breakfasted himself by lamp- light, he made his appearance at the parsonage before the morning meal there. In manners and habits Mr. Heath was characterized by simplicity, by unobtrusiveness, and blamelessness. He gave none offence, called forth no criticism, and was much respected. In the sanctuary he was a specially earnest and intelligent listener, and had well-defined religious views. The distinguishing truths of evangelical Chris- tianity were meat and drink to him. During the later years of life he lived in Brookline, but continued to wor- ship every Lord's Day at the Eliot Church, always walk- ing from and to his house. On a Sabbath morning, Janu- ary 8, 1850, just as he was about to leave home for public worship, he fell instantly at the door and never became again conscious. During the whole seventy years of life he had not called a physician. Seldom does anyone find his way so suddenly to the temple on high instead of the house of God here below. 3. MELZAR WATERMAN. Mr. Waterman, one of the original members, and one of the committee which drafted the Articles of Faith and the Covenant, was the Asaph of those days, a devout man who led the service of song in the house of the Lord. This he did for several years with acceptance to all. Halifax, Plymouth County, was his native place, January 9, 1795. An early immigrant ancestor was Robert Water- 356 ELIOT MEMORIAL. man, from Devonshire, England, first at Salem, then at Plymouth, and afterwards at Marshfield, a man of local prominence in the middle of the seventeenth century. John, a son of Robert (born, 1642; died, 1718), was one of the first deacons of the church in Halifax. The suc- cessive generations were characterized by amiability and good habits. In early life Mr. Waterman inclined to Universalism, but Bible study and a change of heart corrected that. A special blessing, as is so often the case, attended the influence of a pious mother and sister. Under clear con- viction of sin, looking to Jesus the all-sufficient Saviour, he found needed relief. Faithful inner scrutiny was main- tained. The manuscript record of religious experiences and purposes, definite and decided, as early as 181 3, which at a later period was reviewed and renewed, indicates an unusually intelligent experimental acquaintance with divine things. Till the end of his days Mr. Waterman was a serious, cheerful Christian. In the congregation there were few, if any, more earnest hearers of the Word preached. December 29, 1833, he began a record of the texts from which sermons were preached. This continued with regularity till the spring of 1842. An occasional abstract of a sermon is introduced, and a book of about two hundred pages was thus filled. One incident will indicate local relations between members of different denominations at that period. In 1827 there was formed " The Male Primary Missionary NOTEWORTHY LAYMEN. 357 Society of the Baptist Church in Roxbury." It was originally composed of nearly fifty members, who con- tributed annually not less than one dollar each. Four or more of those men were Congregationalists, who after- wards worshiped at the Eliot Church. The officers were from the Baptist Church, but Mr. Waterman was one of the four collectors. Most of his children having settled in New Orleans, or elsewhere in Louisiana, he spent his last days with them, and in old age, still bent on usefulness, he gathered a Sunday School, which resulted in the formation of a church. But upon his decease the remains were brought back for interment in the Forest Hills Cemetery, and the funeral was attended January 29, 1868. 4. RICHARD BOND. The son of pious parents, and born in Conway, Massachusetts, the year that Washington retired from public life (1797). He came to Boston, and for years was one of the leading architects in the city. His removal to Roxbury took place some months before the organization of our church, of which he was an original member, and for thirty years prominent in all its affairs. His con- version occurred during a revival in Boston, when he became deeply impressed with a sense of his sin and folly in toiling at worldly business with only a dark future before him. His views on religious subjects, which received their form from the Assembly's Shorter Cate- 358 ELIOT MEMORIAL. chism, were unusually clear and decided ; his remarks and devotional exercises at social religious meetings were very impressive. He took a class in the Eliot Sunday School when it opened (1834), and not long after suc- ceeded Dr. Alcott as leader of a large Bible Class. Care- ful preparation, unfailing punctuality and fidelity year after year characterized him as a teacher, and indeed throughout various other relations. Mr. Bond was in the habit of contributing, with discrimination, to religious objects. He founded the Turretin prize of one thousand dollars in what is now the Hartford Theological Seminary, and bequeathed a handsome amount to several of our best New England institutions of learning. In August, 1 86 1, Mr. Bond was gathered to his fathers. 5. JOHN NEWTON DENISON. Mr. Denison joined this church twice, first in 1839 and again in 1847. It was with much regret that in each instance we parted with him and his family. He was the only child of a minister, the Rev. John Denison, of Jericho, Vermont, where he was born June 22, 181 1. With the exception of Mr. Isaac D. White, he was, at the time of his decease, the oldest living representative of our brotherhood in its early days. He belonged to the seventh generation from an original settler in Roxbury, a family in which there has been a good deal of longevity. His grandfather, Samuel Denison, reached the age of 94, and the grandfather of Samuel, Col. Robert Denison, of NOTEWORTHY LAYMEN. 359 Montville, Connecticut, attained the same age; while the grandmother of Colonel Robert came within a year of living a century. She was a queenly woman, and was always called " Lady Ann," the wife of Capt. George Denison. He, after the death of his first wife, Bridget Thompson, went back to England, served under Crom- well in the army of Parliament; was wounded in the famous battle of Marston Moor; was nursed at the house of John Borowdell, by his daughter Ann, whom he mar- ried, and returning to New England, settled finally at Stonington, Connecticut. In military affairs he was second to no one in that colony at that period, unless it be Capt. John Mason. This George was the youngest of three sons of William Denison, who came with his family from Bishop's Stortford, Herefordshire, England. They were fellow-passengers of John Eliot, who had been an usher in the school of the celebrated Thomas Hooker, and who served for a time as tutor to these Denison sons. William Denison, the father, a graduate, like Eliot, of Cambridge University, England, brought with him " a good estate." He became a deacon in the First Church of Roxbury, and died in 1653, the year that Eliot addressed his tract. Tears of Repentance, to Oliver Cromwell. The house built by William Denison was on what is now Shawmut Avenue, about opposite to the head of Eustis Street. Our Mr. John N. Denison gave himself, for a time in early life, to teaching, and contemplated de- 360 ELIOT MEMORIAL. voting himself to study. On account, however, of a per- sistent trouble in the head, he was obliged to relinquish both pursuits. Coming to Boston, he went into the dry- goods business; but withdrew (1856) and, with a brother- in-law, Mr. J. W. Brooks, enlisted in railroad affairs, the Burlington and Missouri River road, the Chicago, Bur- lington and Quincy road, and sundry associated corpo- rations. For a whole generation Mr. Denison was the senior officer of the Central Church, and one of its most liberal benefactors, commanding the deepest respect of all, his liberality exceeded only by his modesty, for his almsdeeds are fully recorded nowhere except where those of Cor- nelius are found. 6. ISAAC DAVIS WHITE. Of the earlier members of the Eliot Church, Mr. White is the oldest now living and is in his ninety-fifth year. He was born in Boylston, Massachusetts, March 20, 1806, though his father was a native of Roxbury, a prominent man in town affairs, for several years a repre- sentative in the General Court, and, what is more im- portant, possessed a strong religious character. The same was true of the mother of our Mr. White — a daughter of Rev. Joseph Avery, for fifty years pastor of the church in Holden. It was an unusual circumstance that when she died (i860) at the age of eighty-two, her ten children were all living. The only sister of Samuel Adams was a great-grandmother of our Mr. White. Of those ten chil- NOTEWORTHY LAYMEN. 36 1 dren referred to — four being still alive — the average age is eighty-three years ; while three have lived beyond ninety-two. Sixty-six was the lowest age attained, and among all of them the retention of their faculties has been marked. Mr. White removed to Enfield, Connecticut, in 1853; and after a ten years' residence there returned to Boston, but settled at length in Brookline (1865). Whatever changes have taken place in personal or in public affairs, he has maintained even and quiet habits of feeling and of outward life, always declining office when proposed to him. The passionate and the petulant very seldom reach ninety years of age. The art of passing lightly over the rough places of life is an enviable one, and one that pro- motes longevity. It was in 1840 that he joined the Eliot Church, and his religious profession has been consist- ently maintained. Two lines of Christian ancestry, run- ning back between two and three hundred years, con- verge in him. The divine pledge holds good, " Showing mercy unto thousands of them that love me and keep my commandments." 7. JOHN BROWN. Never can I forget the last sickness and some of the closing scenes in a family which came from Scotland. They lived in a small house on the milldam, remote from church, but so long as circumstances permitted, they were punctual and reverent worshipers at the house of God, whatever the walking or the weather. The husband and 362 ELIOT MEMORIAL. father, John Brown, sank (1846) under the gradual in- vasion of a disease that baffled all resistance ; but it was in such patience and cheerfulness as are exhibited only where there is intimate fellowship with heaven. His thoughts wandered chiefly along the river of the water of life and also beyond sea in his native land. He lived over his early life again, and sang over and over hymns taught him by a godly Highland mother. At last he wished to have the Scottish friends — who were kindly attentive through the whole sickness, and some of whom then stood round the bed — join in a favorite paraphrase. It was one which that sainted woman used to sing to liim in his childhood. His own feeble voice joined wit'ii theirs till the last word and last note. With that he ceased to breathe ; but I have no doubt that in another world he kept right on singing, only changing to the song of Moses, the servant of God, and the song of the Lamb. The one which he had just finished here was this: " Hark, the glad sound ! the Saviour comes, The Saviour promised long ; Let every heart prepare him room, And every voice a song." The widow and daughter soon went back to Aber- deen, Scotland, where their friends were living. 8. DEACON JAMES CLAP. Few churches have ever had among their members one more humble, more prayerful, or more conscientiously faithful in all his relations, than James Clap. Nearly the NOTEWORTHY LAYMEN. 363 whole of his seventy years bore witness to those eminent traits, for his religious life began much earlier than is usual. He was born in Dorchester, and while yet a youth was the first male member received by the Second Church, under the ministry of the first pastor. Dr. John Codman. Owing to changes of residence, he joined suc- cessively the Old South and Pine Street churches, Bos- ton, and the Village Church, Dorchester. Thence he brought usual credentials to the Eliot Church in 1836 ; but he brought an unusually quiet, consistent, earnest Christian character. He was a peacemaker. It was also his practice, much beyond what is generally the custom, to introduce religious conversation and to speak to im- penitent business men, as well as others, on the subject of personal salvation. Growth in grace in himself and the spiritual good of others seemed to be his sole desire. The year 1829 was one of great financial embarrassment. Failures were frequent. A friend, on entering Mr. Clap's counting-room one morning, announced that a certain business man, who was owing the firm a considerable amount, had gone under. Mr. Clap knew that that in- volved disaster to himself; but instead of any expressions of grief, he remarked calmly : " This is perhaps in answer to my prayer. I have been praying for greater sanctifica- tion, and God may be taking this method to effect the object." He never resumed business, but became bookkeeper on a moderate salary. His manner of living being ex- 364 ELIOT MEMORIAL. tremely simple and inexpensive, he was able to contribute to benevolent objects amounts that were very suggestive to those who had larger incomes but who gave much less. To the American Board and the Home Missionary Society, he paid each not less than one hundred and seventy dollars annually ; and when a special appeal was heard, he would present a special thank-offering. Mrs. Clap, a sister of Mrs. Dr. R. S. Storrs of Braintree, was in full sympathy with her husband. Health failing, he removed to his native place; and the first Lord's Day of July, 1857, was the last time that he attended public worship. The remainder of his life, two and a half years, was a period of almost uninterrupted suffering — much of the time severe suffering — night and day. It was, however, a period of meek resignation and uncomplaining endurance. In an address at the funeral of Mr. Clap, March 30, i860, the writer took occasion to say: "Why is it that such a man should have been subjected to such a dis- cipline? God no doubt had many ends in view, and one may have been to teach us that this is not a retributive state. If called upon to select in the wide circle of our acquaintance, one who from boyhood upward has been blameless, of transparent integrity, scrupulously con- scientious, truthful, guileless and devout, would our thoughts turn to any one sooner than to him whose re- mains are before us ? Now while the dishonest man, the profane man, the Sabbath breaker of this community has NOTEWORTHY LAYMEN. 365 lived in comparative exemption from trials, upon what principle of equity was such prolonged suffering ap- pointed, if in this life demerit meets with a full relative penalty ? " " Again, that last sickness was to him a season of much spiritual enjoyment, and through him of much spiritual refreshment to Christian brethren who came week after week to his bedside. Yes, within that coffin is a bound volume of ' Songs in the Night,' a gentle visi- tor to the sick and suffering, such as no hand this side of Heaven could prepare and send forth through the com- munity. It is a wide area around us on which the feeble and the distressed have now for years been taught lessons of uncomplaining endurance, by him who though dead yet speaketh, and will speak to us for years to come. You, my dear brother (Rev. Dr. J. H. Means), in the min- istry of reconciliation and consolation, have had a col- league such as few pastors are favored with. Your ver- bal testimony to the sustaining grace of God has been fortified by a living testimony which none can gainsay or resist. In the regions round about, we have learned as never before to ' Know how sublime a thing it is To suffer and be strong.' "One invalid in a neighboring city, more than ninety years old, when told of the event that brings us here to- day, lifted up her feeble voice in the exclamation : ' He has suffered well, and now he has gone where he will re- joice well.' " 366 ELIOT MEMORIAL. 9. GEORGE DOMETT. He had reached four-score, though we should not have thought it. Cheerfuhiess of spirit and countenance beguiled the advance of years, and we looked upon him as a youthful old man. Out of the whole population of our world it is estimated that only one in five hundred reach that age, and it takes but twenty-four such lives to measure the entire period since our Lord was on earth. The last conversation that I had with Mr. Domett turned chiefly upon the subject of sudden deaths. There was nothing premonitory in that, yet it could not be otherwise than impressive that the very next thing which I heard regarding him should be, " He died suddenly." Martin Luther was talking on the same topic one even- ing, and before the next day he died. So, too, Julius Caesar discoursed about it the night before he fell in the Senate House. When there is due preparation for the event, why should it not be accounted a mercy that this can be said, " He was not, for God took him } " Mr. Domett had been about the house as usual during the day, w^as sitting in his chair, turned his head on one side and ceased breathing. His end was peace ; it was a com- fortable event; he simply left us, and nothing in his life was more beautiful than its close. Jewish Rabbis used to teach that the angel Gabriel comes and gently draws out the soul of a righteous man with a kiss. In this instance it was at evening, and being a little earlier than the usual hour for retiring, the venerable man omitted NOTEWORTHY LAYMEN. 367 saying good-night. How sweet the name that Christ gives to the death of such an one, " Our friend Lazarus sleepeth ! " It was on Saturday evening that this, our friend, fell asleep — the evening of preparation for the holy Sabbath. What a different morning was his from ours who were tarrying here in the midwinter of sin, suffering, and doubt ! Our friend believed in the all-sufificient, atoning work of Jesus Christ; in our Lord's resurrection, the sealing event that is commended for a joyful celebration by every re- turning Lord's Day. He believed in regeneration by the Holy Spirit, evinced in the putting on of the new man which, after God, is created in righteousness and true holiness. As he believed, so he prayed, professed, and died. 10. ABNER KINGMAN. Henry Kingman, who came to this country from Eng- land in 1630, settled at Weymouth, Massachusetts, and was a representative in the General Court or Assembly for fourteen consecutive years. A great-grandson of his, Col. Abner Kingman, was one of the Minutemen in the Revolutionary War. His grandson, our friend — the third who bore the same name — was born in Providence, Rhode Island, February 5, 18 14. The Kingmans were of the Puritan stock, decidedly religious, conservative, and much respected. Mr. Kingman's father was a deacon in the church at Providence for many years before removing to Boston. This son, in the days of youth and early man- 368 ELIOT MEMORIAL. hood, before the commencement of a Christian course, maintained, in the midst of temptations, a correct life outwardly, shunning the theater and given to reading and to attending lectures. The books which attracted him were for the most part valuable, and it was his habit to make written abstracts of the same. It was not till twenty-seven years of age that, after much deliberation, Mr. Kingman made public profession of religion, and became a member of the Essex Street Church, with which he remained about forty years till his death. In the meantime he had quarters in Roxbury for a period, and worshiped with the Eliot Church. In the matter of business he had a long apprenticeship that was not entirely satisfactory; but at length becoming a mem- ber of the firm of Gossler & Co., he met with success. For a quarter of a century he was known as a man of energy, of rare business sagacity, and of unbending integ- rity. After his retirement from the house of Gossler & Co. they named the only ship ever owned by them during their century and a-half of business, the Kingman, as a token of esteem for their late partner. The home life of Mr. Kingman afforded a beautiful specimen of warm affection. Christian training, and domes- tic harmony. Ostentation had no place there ; religious hospitality abounded. He was not a man of many words nor of any pretention. In numerous public benevolences and philanthropic institutions he had an interest and ad- ministrative position, such as the Young Women's Chris- NOTEWORTHY LAYMEN. 369 tian Association, the Children's Aid Society, the Boston Dispensary, the West Newton Boys' Home, the Dedham Asylum for discharged female prisoners, the Provident Institution for Savings. For fifteen years he was a mem- ber of the Prudential Committee of the American Board; for thirty-two years he was on the board of managers of the Seamen's Friend Society; he was also a trustee of Liberia College, of Beirut College, of Oahu College, of Wellesley College, of Bradford Academy, and of the Female Seminary at Oxford, Ohio. In his abundant char- ities he was the farthest possible from everything like show. The left hand was kept in ignorance of what the right hand did. I was often made the medium of gifts which were to be communicated without the donor's name. Failing health marked the closing years of Mr. Kingman's life. Angina pectoris was the malady which preyed upon him, and after repeated paroxysms of extreme suffering he had a blessed release, November i, 1880. His last effort at continuous utterance was the barely audible re- hearsal of one stanza of a favorite hymn : " I love thy kingdom, Lord, The house of thine abode, The church our blest Redeemer saved With his own precious blood." II. HON. JOSEPH S. ROPES. Boston claims Mr. Ropes as one of her sons. He was born February 6, 18 18, Mr. William Ropes and Mrs. Martha Reed Ropes being his parents. After attending 37° ELIOT MEMORIAL. Gideon F. Thayer's school Mr. Ropes studied at the St. Petersburg Gymnasium and University, his father hav- ing removed to that city. Besides the two ancient clas- sical languages, Latin and Greek, he became familiar with the modern Russian, German, French and Spanish. From 1845 to 1875 he was a member of the firm of William Ropes & Co., which had mercantile houses at St. Petersburg, London, New York and Boston ; and he made numerous trips to Europe and back. Among the positions of trust held by him were presidency of the Congregational Club, membership in the Boston Board of Trade, the Free Trade League, and Prudential Com- mittee of the American Board, the latter for a term of twenty-four years. Products of his pen have appeared in contributions to various periodicals, especially the Con- gregational Quarterly, the New Englander, and the Bibli- otheca Sacra. Mr. Ropes, like Mr. Abner Kingman, though a member of the Union Church, Boston, removed to Roxbury and worshiped a while with us ; but when the Vine Street (now Immanuel) Church was formed, he cast in his lot as one of its original members. In that he held the office of Deacon, and for many years conducted a large Bible Class of ladies. A quick sense of right and of honor, the absence of self-assertion, and the presence of unusual refinement, are well-known characteristics in Mr. Ropes. One evidence of his remarkable memory is the fact that it carries over seven hundred hymns. NOTEWORTHY LAYMEN. 37 I 12. SYLVESTER BLISS. The Eliot Sunday School has been greatly favored in its superintendents. After the quarter of a century services of Deacon Alvah Kittredge, came a brief term by Mr. Samuel Hall, followed by the longer one of Mr. Syl- vester Bliss, who held the headship for three years. He was born in Tolland, Connecticut, 1814; engaged in teach- ing one of the Hartford schools, and became a member of the Eliot Church in 1848. Mr. Bliss was a man of much kindliness of disposition, of rare good sense, and of marked executive ability. These traits were exhibited not only in connection with the Sunday School, but as a member of the city school committee, and also as editor and in business affairs. For many years he was agent and treasurer of the American Millennial Association, being annually reelected editor of the Advent Herald with entire unanimity. In that posi- tion he exhibited unusual candor and skill in discussion, great familiarity with the Bible, and much acuteness in the interpretation of sacred scripture. By indefatigable perseverance and by methods all his own, he acquired such knowledge of the Hebrew and Greek, without regu- lar instruction, as enabled him to trace the usage of words in the Old and New Testaments effectively for purposes of original discussion. As a controversialist he held the pen of a cautious, able, and independent writer. While editing the journal above mentioned, he was an occasional contributor to weekly papers in Boston and Hartford; 372 ELIOT MEMORIAL. and his works, larger and smaller, which were published separately, amounted to nearly thirty. As a member of the church Mr. Bliss, without being in the least officious, was always ready for good words and work, whether in devotional meetings or neighborhood labor. Though very decided in his views regarding pre- millenarianism, he never obtruded them upon the Eliot Church. Its members differed from him on that subject; yet they respected him for his firm advocacy, in a weekly organ, of what seemed to him a true interpretation of prophecy, and at the same time honored him for the absence of all narrow, partisan and heated advocacy. In Hartford he belonged to the Second Church, of which the Rev. Dr. O. E. Daggett was then pastor, who entertained a warm regard for him, and who communi- cated this incident : " Twenty years ago Mr. Bliss had a situation in the Hartford Post Office. He was at length informed that certain service would be required on the Sabbath. He resigned his situation, not having any other employment at hand, and being dependent upon his own efforts. He, however, immediately found a better situation, and since then has never been without employment and a fair measure of success." The funeral of Mr. Bliss took place in the Eliot Church, March 8, 1863, when the tears of a Sunday School and congregation bore witness to the general affection and esteem in which he was held. NOTEWORTHY LAYMEN. 373 13. ROBERT MCMASTER CARSON. Was he one of the prominent members of the church ? Perhaps not, to human eyes, but he was, we doubt not, to angelic eyes. In social position very lowly, in Christian worth he stood high. Ancestors of his moved from Scotland to the north of Ireland in the time of Cromwell, and he was born at Donaghadee, June 14, 18 15. After working at his trade as a shoemaker in Glasgow and Dublin, he emigrated to Roxbury in 1844. On becoming a member of the Eliot Church (1856), he stated to the pastor and church com- mittee that his sole reliance for pardon and life eternal was on the atoning righteousness of Jesus Christ, his belief being that whatever might be good in him was due to the Holy Spirit ; that his highest interest and enjoy- ment were in efforts to do good. Thereafter his life con- firmed that testimony. No one could be more modest or apparently more conscientious. He was indefatigable in efforts to promote the salvation of operatives with whom he was associated, though extremely diffident, seldom allow- ing an opportunity slip to invite sinners to come to Christ. In 1862, after much prayer, he became convinced that duty to his adopted country called him to enlist in the Union Army, and he carried himself as a Christian soldier. From Fairfax Station and Alexandria Heights, as well as from other points, he wrote in regard to re- ligious meetings and personal labors with individual men. 374 ELIOT MEMORIAL. Sickness overtook him, and his last few days were spent in a hospital. The Chaplain wrote : " He was a man I loved to visit, for he loved the Saviour with an intense affection. His religion made him patient and happy ; it gave him a sweetness of spirit which endeared him to all around him. The surgeon told me there was some- thing about Mr. Carson so noble and good, that he felt as though he must not die ; and the tears stole down his cheeks as he spoke these words." When the Great Cap- tain of our salvation shall order the muster-roll of nations, we believe this friend of ours will have honorable men- tion. 14. WILLIAM HENRY WARDWELL. One of the deaths deeply deplored by the church, was that of Mr. Wardwell, who had been a member since 1859. He was born at Lyndeborough, New Hampshire, October 24, 18 18, his father being Dr. Daniel Wardwell of that place. The Wardwells came from Ipswich, Eng- land. In boyhood our friend attended public schools and Phillips Academy at Andover. After engaging for ten years in the book trade and printing at Andover, he removed to Boston, and was successively associated with John P. Jewett & Co., also Grant, Warren & Co., out of which grew the firm of S. D. Warren & Co., with ivhich his connection continued towards forty years. In these relations he was highly esteemed for strict integrity and careful attention to such business as came to his charge. The same was true regarding unpaid services NOTEWORTHY LAYMEN. 375 elsewhere. In 1880 he was elected a Director of the Sun- day School and Publishing Society, and for a decade had the position of Chairman of the Finance Committee, at whose meetings he was punctually present. Safe and cautious counsel, efficient attention to financial affairs, and the bearing of a Christian gentleman, characterized his whole course in that connection. Mr. Wardwell was a generous man, as the pastors and communities with which he had fellowship were well aware. It cost him no effort to give. Contributions in full proportion to his ability, for objects of benevolence — and especially those that are distinctly evangelical — were prompt and most cheerful. The smile on his face in such matters, and indeed uniformly, told of a heart in glad sympathy with the best things of the church and the world. Modest and gentle, fond of quiet and simplicity, Mr. Wardwell seemed always to act under the control of religious principle. His Bible and the Lord's Day with its services were a delight, especially when the doc- trines of grace were clearly set forth. Whatever the dis- tance and inconvenience of a walk to the house of God, he would not avail himself of any public conveyance on the Sabbath. Seldom, if ever, is a man to be found less pretentious in manners, or more steadfast in religious con- victions. He was at once a model of delicacy and firm- ness. At the age of seventy-seven (September, 1896,) the great harvester gathered him like as a shock of corn cometh in in his season. 376 ELIOT MEMORIAL. 15. WESLEY IRESON. It is not often that any church has a member so modest, so blameless, so punctual and so faithful in his sphere as was Mr. Ireson. The announcement of his decease, which was very sudden and unlooked for, March 26, 1897, occasioned a shock throughout the circle of his acquaintance. Mr. Ireson, a son of the Rev. Joseph Ireson, was a native of Thompson, Connecticut, having been born there October 5, 1823. He left home early to prepare for business, and in Norwich came under the pastoral care of Dr. Alvin Bond. Young men and others in the same congregation formed a colony with whom Mr. Ireson cast in his lot, which resulted in the organization of the Broad- way Church. Dr. John P. Gulliver, one of our young men, became its first pastor. Mr. Ireson not long after made a public profession of his religious faith. Some years later the business house with which he stood con- nected removed to Boston ; and notwithstanding heavy losses by the fire of 1889 he continued in the trade for fifty-five years. His reputation for strict integrity and gentlemanly bearing in all relations continued untarnished. In private relations of life, Mr. Ireson was noticeably unassuming, gentle and cheerful. His tastes were simple. Among flowers and children he was peculiarly at home. Native temperament and disposition were favored by sin- gularly good health. During more than three-score and ten years he required medical attendance only on the day NOTEWORTHY LAYMEN. 377 before his decease. For thirty-seven years he had not failed of attendance upon public worship on the Lord's Day; and for eight and thirty years he was the accurate, kindly, and ever-welcome Secretary of the Eliot Sunday School. Mr. Ireson was a man of few words, and no words of censure upon others. He took the Bible as his guide in life, and it afforded him unfailing light, peace and strength. CHAPTER XXV. YOUNG MEN. In no other country or age have young men occu- pied so conspicuous a place as in our land, and at the present time. Never before have they taken such a lead- ing part, especially in civil and religious movements. The young man as a reformer and legislator is often at the front. Among our young men there has been a gratify- ing proportion of Samuels and Josiahs. They are to be found not only in the professions, including educators, but in the business world. Offensive self-confidence, and the want of due respect, along with intoxication of free- dom — which are rather widely characteristic of those just emerging from the tutelage of home and school — have not, with one or two exceptions, been observable. Nor has there seemed to be on their part any intense endeavor to propitiate Mammon, or to secure other means of self-indulgence. Praiseworthy sentiments and high aims have, in the main, been entertained. In starting out on the voyage of independent life, they have evi- dently had in mind the difference between favoring trade- winds and the typhoon. At the funeral of certain young Athenians, Pericles remarked that the commonwealth in losing such loses what the year would if spring were to fail. It has sometimes seemed to us as if that charming season were gloomily overcast. YOUNG MEN. 379 I. HENRY MARTYN HILL. No young man, in the early days of this church, enjoyed greater respect than Henry Martyn Hill. He was the eldest son of Henry Hill, Esq., an ofilicer of the church, and for many years treasurer of the American Board. Few are gifted with minds originally more active and in other respects more promising than his. A physi- cal infirmity, however, precluded collegiate and profes- sional studies; yet his attainments were highly respectable, and his example may well encourage the young who labor under special embarrassments. On a voyage to Singa- pore in company with missionaries, when eighteen years of age, he became experimentally acquainted with the truth as it is in Jesus. Thenceforward his growth in Christian character was marked, one evidence of which appeared in an unusual love of the Bible. The Epistle to the Ephe- sians, many of the Psalms, and other portions of sacred Scripture were hid in his heart. Manly, modest, blameless, his daily walk was a persuasive exhortation to young men to be sober-minded and earnest in serving the Master. The malady (epilepsy) which long preyed upon him did not produce irritableness, or lead to unavailing com- plaints. He did what he could, and his Christian activity continued to the last. It required an effort to be re- signed to live ; but the spirit of meek, submissive endur- ance was clearly manifest. An extract or two from his journal will indicate, in some measure, his caste and habit of mind. Speaking of a second voyage he wrote : " In my passage in the Montreal to Rio (1847), I accomplished the 380 ELIOT MEMORIAL. careful perusal of Butler's Analogy. I finished it just when the severity of m}^ sickness made me unable to read more than a page or two at a time, and felt its power to fortify me in the truth of Christianity, during the darkest and most painful hours of the succeeding illness. To my mind it brings exactly the consolation and sup- port that I have long and distinctly felt the want of, furnishing an argument in logical, tangible, practical form, why one should trust in revealed religion, and risk his spiritual interests thereon, on similar principles to those which govern men's actions under the constitution and course of nature." " I trust that nothing I have done, or omitted to do, will bring reproach upon the cause of Christ. It has been difficult, from day to day, to know how to behave in the intimate company of a set of midshipmen, in the steerage of a man-of-war. In the first place I have not joined in their vulgarity or profanity. In listening to a vast deal of it, mingled as it has been with all their conversation, I have been exceedingly pained, disgusted, and desirous to speak in the way of disapprobation, or even of reproof." " My own bark still at anchor rides Close to the shore where varying tides Now lift me high, then bring me low, And thus my weak dependence show. The shallow waters sometimes will Unto my downcast eye reveal The ground below ; but every day, And many a night makes rich display Of glories, which hope's upturned eye Through faith's bright glass can quick descry." YOUNG MEN. 38 1 " I almost danced before the Lord, with my joy that I had been allowed to preach Christ to that young man. My prayers were earnest that God, for Jesus' sake, would send his Holy Spirit to that heart, and sanctify the means employed for his benefit." Among the last entries was the following : " I feel that ' sundown ' may come to me any day ; and then I will have to add, ' reached home — but what a sunrise ! ' " A booklet, entitled The Yoke i7i Youth, relating to Mr. Hill, was issued over forty years ago. He died April 28, 1856, aged thirty-four. 2. JOHN J. CARRUTHERS, JR. A sorx of the Rev. Dr. Carruthers of Portland, Maine, was a young man of elegant person, pleasing manners, and amiable disposition. Being a fellow boarder with him, I had opportunity for intimate acquaintance, and came to regard his Christian character as undoubted. He felt under deep obligations to the Rev. Dr. Wilkes of Montreal. It was by letter that he came into connec- tion with our church in 1848. But having a highly- strung nervous temperament, and imperfect health, he fell into despondency, and at length into extreme depression. Suspicion of friends, and, indeed, all about him, took pos- session of his mind, and return to Portland became necessary. On reaching his father's house indications of insanity were unmistakable. He could not wait for the door to be opened, but tried to force his way in, saying 382 ELIOT MEMORIAL. that officers of justice were pursuing him. Such was his mental distress that he would pray all night, and so loud that no one in the house could sleep. Removal to the asylum at Somerville took place. Under the hallucina- tion that it was wrong for him to receive nourishment, he became emaciated and haggard, and expired Septem- ber 6, 1 85 1. His father wrote: "I gladly embrace this opportunity of expressing to you my cherished sense of obligation as the much-loved pastor, whose instructions he so much valued, and under whose ministry he seems to have made such sensible, and, to all but himself, satis- factory advances in the Christian life. He ever spoke and wrote of his minister with reverential and fond affec- tion. Your excellent Deacon Kittredge stood high in his esteem. Of Mr. Walley he could never speak but with outpouring gratitude and love." No funeral services were more sad than those of such young friends as Mr. Carruthers. It was as if bright stars had been quenched mysteriously. 3. D. JARVIS HASTINGS. The December of 1858 closed in deep sadness that settled on a wide circle of relatives and friends. Close upon Christmas a brilliant morning was overcast, and highest hopes were suddenly dashed. Young Hastings, only eighteen, amiable, winning, warmly loved, at the head of his class in the university of a neighboring state, succumbed to disease. Never were our hearts heavier than when we joined in the procession that carried out of YOUNG MEN. 383 the city the corpse of that only son of his mother, and she a widow. Yet there was much relief to her mind and ours, that, in a lucid hour of sickness, the Saviour's voice seemed to be heard, " Young man, I say unto thee, arise ! " We cherish the belief of his resurrection rather than the memory of his death. 4. NATHAN HAGGETT BROWN. At the midsummer sacramental service of 1866, thirty- eight persons presented themselves, avowing the Lord Jehovah to be their God and portion forever ; avowing the Lord Jesus Christ as their Saviour, devoting to him all their faculties, powers, and possessions. Side by side stood three brothers. The parents came at the same time from another church. The natural and the spiritual life of two of those brothers ran parallel in twin ex- perience. It cost us — as has often been the case — no little feeling when the transfer to a distant city took place. His pastor there ' wrote me : " Candid, outspoken, conscientious, he seemed to be chiefly anxious to discover the way of duty for himself ; and whatever appeared to him to be the requirement of right in the case, he stood ready to do. He was strongly impelled by the desire and purpose to make his personal culture as thorough and complete as possible. Whatever an earnest, devoted, faith- ful Christian young man would be expected to do from his relations to the church and the kingdom of God, all I Rev. Dr. Helmer, Union Park Church, Chicago. 384 ELIOT MEMORIAL. that Nathan Brown proposed to himself to do, and was largely successful in his endeavor. The tender, sympa- thetic, ardent feelings which made him a valued neighbor, contributed to his excellence as a Sunday School teacher, and many souls were given him as seals of that limited but responsible ministry." But his Christian aims were not limited to persons and fields purely local and imme- diate. He did not know how to be narrow. Repeatedly he wrote to me here in Roxbury, desiring information and sources of information in regard to foreign missions. In business, and other wide relations, he commanded respect. It is not often that enthusiasm of temperament and conservatism of judgment are so happily combined. That poise of character must be attributed in no small degree to the steadying influence of religious principle, and to the study of a volume which has power beyond all others to impose restraint when needed, and to pro- duce equilibrium. But why was a man so useful and so young removed ? His own words on one evening (May 21, 1878) of his short and last violent sickness, were full of meaning, "It is all right." Though taken from the midst of greater usefulness and greater enjoyment than ever before, it was all right. By such transfers heaven gains more than earth loses. The best service here is followed by preferable service there. From the malaria of Romish superstition and Jesuit guile, inestimably worse than Roman fever, he remained untainted. Milan and the plains of Lombardy are no farther from Paradise than YOUNG MEN. 385 our western prairies. " It is all right " that the transla- tion should take place in traveling. The heavenly- minded Archbishop Leighton expressed a wish that he might die on a journey, and at an inn. His desire was gratified. For Nathan Brown to travel was not to wan- der. He recognized the fact that whether at home or abroad we are alike, " strangers and pilgrims on the earth." Italy itself became for us yet more a sunny land, her skies have an intenser blue, richer tints mingle in the morning glory of her mountains, since our beloved friend went up thence to be forever with the Lord. Of the four preceding there were compeers, some of them schoolmates, who still survive. They are all over fifty years of age, and the following are among the mem- bers of that group. 5. EDWARD p. FLINT. A considerable number of the congregation removed, at different times, to California. Among these was the father of Mr. Flint, who, after being a merchant in Boston, and then in Buenos Ayres, South America, established (1849) the commercial house of Flint, Peabody & Co. in San Francisco. This son, who was born in Boston (1828), and had prepared for college, followed the family (1850) to the Pacific coast, and soon became a member of the firm, which, for many years, enjoyed much success. The decisive spiritual change in Mr. Flint occurred in youth, and stood connected with the prayers of his 386 ELIOT MEMORIAL. mother, and with a Christian call from Deacon James Clap, who read the one hundred and third Psalm, conversed and prayed with him. Mr. Flint, as well as his mother, was received to this church on confession of their faith in 1846; and his position at the Golden Gate has been that of a valued Christian man. He was a member of the Executive Committee of the famous " Vigilance Commit- tee " of 1856. Soon after his transfer to the First Con- gregational Church of San Francisco he was elected a trustee and treasurer, a teacher in the Sunday School, and also, not long after, a deacon of the church. Upon re- moving to Oakland (1862) he came into similar positions <:onnected with the First Church there, besides being superintendent of the Sunday School, a trustee of the Pacific Theological Seminary from its organization, 1868. A share in other similar trusts has been committed to him. Some of these positions were held for forty or more years. From i860 to 1892 he was financial agent of the American Board, and from 1876 has been a corporate member of that body. 6. GEORGE ALVAH KITTREDGE. He was born in Boston (1833) before his father's family removed to Roxbury. On account of delicate health he went, in 1849, to the Levant, and was absent from home for fourteen months. During that time many weeks were spent with friends at Beirut, and on Mt. Lebanon; Da- mascus was visited, and the Holy Land. The return home YOUNG MEN. 387 in 1850 was by way of Smyrna, Constantinople, Northern Italy, and Switzerland ; Paris, London, and Edinburgh. Mr. Kittredge had previously studied in our Latin School, and after some further preparation privately, he entered Yale College (185 1), and graduated the fourth in his class of ninety-one members. Having taken the Clark Scholarship he remained a fifth year at New Haven. The next year (1857) he entered the office of Naylor & Co., Boston, who were engaged in the foreign iron trade, but in 1862 he went to Bombay and joined the firm of Stearns, Hobart & Co. That city has since been his home, and in the course of these thirty-eight years he has made nineteen trips each way, two of them being round the world. Bombay had grown to be a city of nine hun- dred thousand inhabitants, before the late visitation of the plague. Mr. Kittredge has been an active member of the Chamber of Commerce ; also of the Port Trust, in whose care are placed the harbor fore-shore and the city docks, valued at many millions. He secured the con- cession for a horse-railway in Bombay, which has been a great success, and now has a track of about twenty miles, and carries sixty thousand passengers daily. Mr. Kittredge was the pioneer in one of the impor- tant benevolences of India — the introduction of female physicians. Sufficient funds were secured, chiefly from natives, to bring out three ladies equipped with full medi- cal degrees. Funds were also secured by him and an influential associate, a Parsee gentleman, for a hospital, 388 ELIOT MEMORIAL. a dispensary, and then for a second hospital, all of which are in sole charge of lady doctors. Through the same influence women were admitted to the Medical School at Bombay, as well as afterwards to the similar schools of Madras and Calcutta. This movement led on to the establishment of the Lady Dufferin Fund, and to the furnishing of hospitals, dispensaries, and nurses for women in many parts of India. Mr. Kittredge's English friends wished him to be presented to Queen Victoria, who took much interest in the scheme that originated at Bombay, but he declined the formality. Mr. Kittredge prepared an interesting booklet entitled, A Short History of the Medical Women for India Fund of Bombay, which was published at Bombay in 1889. 7. JOSEPH EPES BROWN. Mr. Brown's earliest ancestor this side of the Atlantic settled at Ipswich, Massachusetts, in 1637. Along the lines subsequently appear the names of Deputy Governor Symonds, Sarah Dudley, sister of Governor Dudley, and George Jacobs, one of those who were accused and who suffered death in the " Salem Witchcraft " frenzy. His great-grandparents were among those to whom a large tract of New Hampshire land was granted in consid- eration of services rendered during one of the colo- nial wars. Boston was his birthplace (August 23, 1843), and the family moved to a commanding site on Parker Hill, Roxbury, when Joseph was five years of age. At YOUNG MEN. 389 eighteen he entered on a clerkship in a large mercantile house of Boston, and two years later took a similar posi- tion with Blake Brothers & Co. With that firm he has remained in various capacities, from office-attendant to partner, till the present time, thirty-eight years. Upon the death of the senior Mr. Blake (1874), he was selected as the one for the branch office on Wall Street, New York. His energy and tact have contributed much toward making that branch outstrip in quantity the busi- ness house in Boston. In 1866, Mr. Brown, with his twin brother Nathan and also a third brother, as well as many others, the fruit of a revival, joined the Eliot Church. Religious earnestness and activity were early manifest. Upon mar- riage he removed his connection to the Central Church ; and not long after became Superintendent of its Sunday School, and later of the Mission School at the Old Col- ony Chapel. On removing to Brooklyn, New York, he took service at once in the School of the Church of the Pilgrims, then in its large Mission School (Pilgrim Chapel), of which he soon became Assistant Superin- tendent and Superintendent. In other outside activities Mr. Brown has had a share, as well as in the weekly church meetings. At the jubilee of Dr. R. S. Storrs' pastorate he was selected to deliver the address, " From the People to the Pastor." For several years he has been a corporate member of the American Board. Vari- ous philanthropic and other institutions in Brooklyn have 39° ELIOT MEMORIAL. claimed his services as trustee, or in other positions. He has made not less than a dozen voyages, chiefly to Europe, one to the Windward Islands and South America, as well as one visit to the Hawaiian Islands. Notwith- standing the pressure of business and of local engage- ments, he is a studious man, and in his library of three thousand volumes finds recreation and unremitting self- culture. Well would it be if such a habit were more general. 8. HON. JAMES M. W. HALL. Mr. Hall is a native of Boston. In the Latin School of Boston and that of Roxbury he prepared for college, but went into business, and for the last decade or more has belonged to the firm of Wellman, Hall & Co., whole- sale lumber merchants. At seventeen years of age he joined the Eliot Church (1859) on confession of faith; but afterwards removed to Cambridge, where for more than twenty years he has been one of the officers of the First Church, and for a number of years was Superintendent of its Sunday School. In 1880 he was Mayor of the city of Cambridge, and since 1893 has been a member of the Prudential Committee of the American Board. He has also borne part in other important trusts. 9. COL. EBENEZER W. STONE. A son of Gen. E. W. Stone, was born in Roxbury, October 23, 1837. ^^ ^^^ commissioned as captain in YOUNG MEN. 391 the First Massachusetts Infantry, 1861, and served with his regiment, which was engaged in the battle of Bull Run, and in all the engagements — that at Antietam ex- cepted— of the army of the Potomac till mustered out in 1864. He was then appointed lieutenant-colonel in the Sixty-first Massachusetts. These appointments were in the volunteer service, but he passed into the regular army, 1866; and in the United States Twenty-first Infantry has been promoted to a captaincy. He was brevetted colonel of volunteers, for gallant and meritorious service during the campaign that resulted in the fall of Richmond, Virginia, and the surrender of the insurgent army under Gen. R. E. Lee. Since the war of rebellion. Colonel Stone has served in various capacities and under different generals in com- mand— as chief quartermaster, adjutant of the artillery school, assistant adjutant-general, military commissioner, and aid-de-camp to different generals. He was on duty in the Bannock campaign of 1878; at Rock Springs, Wyoming, during the anti-Chinese riots ; and at various forts in different military departments. Under appointment to the regular army, he was brevetted captain United States Army for gallant and meritorious service at the battle of Williamsburg; major for similar services at the battle of Chancellorsville ; and lieutenant-colonel for like services at the battle of Gettysburg. CHAPTER XXVI. MINISTERIAL RECRUITS. I. PROF. JOHN P. GULLIVER, D.D., LL.D. Dr. John P. Gulliver was born in Boston, May 12, 18 1 9, and lived the same number of years (seventy-five) as his mother. After graduating from Phillips Andover Academy, and then from Yale College (1840), he was for two years Principal of the Academy in West Randolph, Massachusetts. Upon graduating from the Andover Theo- logical Seminary (1846), Dr. Gulliver became pastor for twenty years of the Main Street, now Broadway Church, Norwich, Connecticut. During that period he was chiefly instrumental in securing the foundation of an academy of superior grade, having at the outset an endowment of over seventy-six thousand, which has been increased to more than four hundred thousand. For four years he conducted a weekly paper. In 1865 ^e accepted an invi- tation to the New England Church, Chicago, Illinois, where he remained for three years. Knox College then claimed him as its president for four years, when he re- moved to Binghamton, New York, and for six years ministered to the First Presbyterian Church of that place. From 1878 onward. Dr. Gulliver was Stone Professor of *' Christianity and Science " in the Theological Seminary at Andover, Massachusetts, where he died January 25, MINISTERIAL RECRUITS. 393 1894. In the course of his fifteen or sixteen years' pro- fessorship, Dr. Gulliver was for a time a member of the corporation of Yale College. He was a man of strong and independent convic- tions. He did not agree with associates in the faculty at Andover regarding future probation. Always earnest, and sometimes intense, he was a hard-working man, although suffering much from a spinal injury occasioned by a fall. To speak of his agreeable companionship, or of his ability, would be superfluous. His interest in public affairs — reform movements and education — was marked. In the cause of temperance, anti-slavery, and suppression of the southern rebellion, he was notably fearless and energetic. 2. REV. WILLIAM LADD ROPES. The family of Mr. Hardy Ropes was connected with the Eliot congregation in its early days, when worshiping in a hall, and their son (born July 29, 1825) was a mem- ber of the Sunday School and of the class taught by Mr. Henry Hill. He was admitted to the fellowship of the church in 1841. Having graduated from the Boston Latin School and from Harvard College (1846), he became an usher for two years in the Latin School, and then studied theology at the Andover Seminary, graduating with the class of 1852. For nine years he was the in- stalled pastor of the First Church in Wrentham, Massa- chusetts. From 1866 to the present time Mr. Ropes has been librarian of the Andover Theological Semi- 394 ELIOT MEMORIAL. nary. He is a cousin of Hon. Joseph S. Ropes, and their ancestors were among the early residents of Salem. 3. REV. WILLIAM SEWALL. A cousin of Mr. William L. Ropes, belonged to our Sunday School in its early period, and was one of Mr. Morrill's pupils. He was born in Boston, December 14, 1827 ; prepared for college at the Roxbury Latin School and in Cambridge, graduating from Harvard in 1849. After one year at the Andover Seminary he taught for two years in Maine, and graduated from the Theological Institution in Bangor, 1854. He was successively pastor of churches in Lunenburg and Norwich, Vermont, ten years each ; pastor of churches in Littleton, Charlton, and Templeton, Massachusetts, for shorter terms. His death occurred while living with a son in Kansas City, May 25, 1896. A classmate and relative. Prof. J. B. Sewall, writes : " He was constitutionally of a sunny and cheerful disposi- tion, very unselfish, benevolent to his own harm. These traits, backed by a conscience quick to respond to a sense of duty, made him a loved friend and a welcomed pastor. His religious life began at a very early date — in his boy- hood — and in its simplicity, purity, and steadfastness it was like the steady flowing spring, increasing in volume to its end. To preach the gospel of Jesus Christ was his love, and it was a gospel of love which he preached both in word and in deed to the end of his life." MINISTERIAL RECRUITS. 395 4. REV. JOHN HENRY DENISON, D.D. Born in Boston, March 3, 1841, but in his infancy the family removed to Roxbury. It is a tribute to the appro- priateness of Scripture texts in conspicuous places that he remembered very distinctly these words on the wall of a primary schoolroom : " To them who by patient con- tinuance in well-doing seek for glory, and honor, and immortality, eternal life." The family having returned to Boston, his more advanced education was pursued at Andover Academy, Williams College, and at Andover Theological Seminary for two years, followed by one year with Dr. Mark Hopkins. Pastorates have been held successively at South Wil- liamstown, Massachusetts; New Britain, Connecticut; Hamp- ton Normal School ; and Williams College. Two years were spent in foreign travel. Dr. Denison's mature life has been one continued struggle with inherited nervous infirmity, and prolonged illness has compelled retirement from favorite ministerial labors. He married a daughter of the late President Hopkins, and their only son is pastor of " The Church of Sea and Land," New York City. Dr. Denison's able pen has furnished contributions to various magazines. One volume also, entitled Chrisfs Idea of the Supernatural, has been given to the public. He holds firmly to the evangelical faith, particularly the divinity, the atonement, the resurrection, and the presence of our blessed Lord. His aim is a practical rather than philosophic presentation of the Keswick movement, an 396 ELIOT MEMORIAL. attempt to realize the Pentecostal gift in an all around forceful human life. 5. REV. GEORGE EDWARDS HILL. Mr. Hill, a son of Henry Hill, Esq., was born in Boston, November 3, 1824. His graduation from Phillips Academy, Andover, was in 1841 ; from Yale College in 1846; and from Yale Theological Seminary in 1849. He has had pastorates beginning at Manchester, Connecticut, 185 1; then at Sheffield, Massachusetts, 1855; at Saxonville, Massachusetts, in 1863; ^^ Southport, Con- necticut, 1870; at Pittsfield, New Hampshire, 1881 ; and was a stated supply elsewhere. From 1877 to 1880 Mr. Hill was in the employ of the American Missionary Asso- ciation at Marion, Alabama. From 1892 onward he has resided at Indianapolis, Indiana. Mr. Hill has been blessed in his labors, and has witnessed revivals of re- ligion, which were followed by gratifying accessions to the church. 6. REV. ISAAC C. WHITE. Abington was Mr. White's birthplace (February 24, 1822), though the family removed to Roxbury during his infancy. It is understood that Peregrine White, born on board the " Mayflower," was an ancestor. At seventeen years of age Mr. White joined the Eliot Church. In early boyhood he lost his own mother; but a most devoted Christian stepmother — one of many such in our land — MINISTERIAL RECRUITS. 397 was unwearying in prayer for him, and her influence was a manifest benediction. Passing through public schools here, including the Latin School, he entered Oberlin College, and graduated from that institution in 1845, ^^^ from the Andover Theological Seminary in 1849. From 1850, for ten years, Mr. White was a successful pastor in Abington ; then in Nantucket ; then for more than twenty years in Newmarket, New Hampshire ; and later was, for several years, pastor of the Scotland Church in Bridge- water, Massachusetts. Seasons of marked religious interest and fruitfulness occurred during this ministry, after one of which there was an accession of thirty-five members to the church, and after another an accession of forty-five. Upon a review of ministerial life Mr. White, notwith- standing some trials and perplexities, regards it as the most attractive, and the highest of all earthly callings. He rejoices with great joy in the privilege of preaching the "everlasting gospel." It has also been his privilege to part with a son, Schuyler S. White, for missionary service. The latter was born in Plymouth (1861); at thir- teen joined the church in Newmarket, New Hampshire; graduated from Harvard College with the class of 1884; and after teaching for a year in the preparatory depart- ment of Drury College, Missouri, pursued theological study at the Yale Divinity School, graduating in 1890. Ordi- nation soon took place, and under appointment of the American Board he sailed for Japan. After five years at Okayama he removed to Isuyama. 2g8 ELIOT MEMORIAL. Besides contributions to the weekly press, the follow- ing discourses of Mr. Isaac C. White have been pub- lished : Farewell Sermon at Abington, i860. Sermon on the National Crisis, i86r. Memorial of Perley W. Tenney, Newmarket, 1869. Semi-Centennial Discourse, commemorating the Organization of the Newmarket Church, 1878. Address at the Funeral of Hon. William B. Small, 1878. Address before the Gay Post of G. A. R., 1882. 7. REV. EVARTS SCUDDER. Third son of Charles and Jane Marshall Scudder, was born in Boston, January 2, 1832. The two Latin Schools, Boston and Roxbury, furnished initial classical training, and the two colleges. Harvard and Williams, furnished more advanced training, from the latter of which he graduated in 1854. After the usual theological course at Andover he spent a year in teaching, and was then installed pastor of the church in Kent, Connecticut, (1859). The eight years in that relation were followed by nine- teen of similar service with the Congregational Church in Great Barrington, Massachusetts. Mr. Scudder's health, which had never been very firm, failed sensibly a year before his decease ; and by the kindness of a parishioner he took a voyage to Europe in the hope of restoration. But disappointment ensuing, he died in a hotel one week after return to New York City, being unable to reach his home. Some of Mr. Scud- MINISTERIAL RECRUITS. 399 der's sermons were, by request of the parish, printed ; one of them, which was begun in Rome, had for its text, " I must work while the day lasts, for the night cometh wherein no man can work." That unfinished discourse was read at his funeral. 8. REV. ALEXANDER S. TWOMBI.Y, D.D. The Eliot Sunday School claimed Dr. Twombly as one of its pupils for a time. His birth in Boston dates from March 14, 1832. His three honorary degrees of A. B., A. M., and D. D. were conferred by Yale University, his graduation having been from the Boston Latin School (1849); from Yale (1854); from Andover Theological Seminary (1858). Dr. Twombly's successive pastorates were in connection with Presbyterian churches in Cherry Valley and Albany, New York, as well as Stamford, Connecticut, and the Winthrop (Congregational) Church, Charlestown, Massachusetts, the latter being the longest of the four (1872-1891). It is gratifying to think of him as preaching the gospel of peace on the ground where his great-grandfather, Capt. William Perley, led the Box- ford Company at the battle of Bunker Hill, eight of whose fifty men were lost in the redoubt under Colonel Prescott. The name of this ancestor appears on the tablet at Charlestown commemorative of that bloody day. Dr. Twombly also ministered (1894) to the Central Union Church, Honolulu, Hawaii, as acting pastor. In 1864, he was on the Christian Commission, serving at Fredericks- burg, Cold Harbor, and Washington. 400 ELIOT MEMORIAL. Among his literary labors are, Life of Dr. fohn Lord ; Choir Boy of York Cathedral ; Masterpieces of Michael Angelo and Milton ; also articles in the Century Maga- zine and Andover Review. He has been a contributor to the Congregationalist and the Watchman. 9. REV. FRANCIS BROWN PERKINS. Mr. Perkins was born in Boston, August 7, 1832. Upon joining the church in 1854, one feature of his tes- timony was substantially this : Ascribing the great spiritual change in his case to the Holy Spirit, evinced by simple reliance on Christ as Mediator and King, by a glad ac- ceptance of God's sovereignty, and by new tastes and aims. He graduated at our Latin School, at Williams College, and in 1858 at the Andover Theological Semi- nary. His first installation as pastor was in Montague, Massachusetts. After service as a chaplain of the Tenth Massachusetts Volunteers (i 863-1 864), and also as agent of the Christian Commission, he became pastor of the Mather Church, now Central Church, Jamaica Plain, and remained six years in that connection (i 864-1 870), which was followed by an agency, of four years, in behalf of the New England Branch of the American Tract Society. A pastorate of five years in Stockbridge, Massachusetts, and pastorates in California — brief on account of poor health — have been held. Besides contributing to papers and magazines, Mr. Perkins has delivered a course of lectures on foreign MINISTERIAL RECRUITS. 40I missions to students of the Theological Seminary at Oakland, California. His ideal of the Christian ministry — its spirit, method, sphere, limitations, expansions, and achievements — is found in Paul's condensed statement, " Separated unto the Gospel of God." 10. REV. EDWARD ANDERSON. Second son of Dr. Rufus Anderson, and born in Boston, November 19, 1833, was ordained October 13, 1858. Mr. Anderson has served as pastor or pulpit sup- ply in not less than fifteen different places, as follows: St. Joseph, Michigan ; Chicago, Illinois ; Michigan City, Indiana; East Cleveland and Ashtabula, Ohio; Jamestown, New York ; Olney and Quincy, Illinois ; Cleveland, Toledo, and Columbus, Ohio ; Norwalk and Danielsonville, Connecticut ; and again in Illinois ; also in Quincy, Massachusetts. In several instances the period was brief. In 1862, Mr. Anderson was an officer in the Union Army. I I . REV. ABBOTT ELIOT KITTREDGE, D. D. Dr. A. E. Kittredge was born in Roxbury, July 20, 1834. After studying at the Roxbury Latin School, Williams College, and Andover Theological Seminary, Dr. Kittredge was pastor of the Winthrop Church, Charlestown (1859-1863); spent fifteen months in Europe and the East ; preached for six months in San Francisco ; was in charge of the Presbyterian Church, East 55th 402 ELIOT MEMORIAL. Street, New York (1865-1870); and of the Third Presby- terian Church, Chicago (1870-1886); has been pastor of the Madison Avenue Reformed Church, New York, since 1886. Dr. Kittredge states that his grandmother prayed him into the ministry ; and that, hard as its duties are, he accounts every one of them a privilege. Writing on my eighty-sixth birthday. Dr. Kittredge says : " I want, my dear pastor, to express to you how much I am indebted to your faithful interest in me, and to your preaching of the Word. I remember perfectly when you came to Rox- bury, remember your ordination, and I can recall many of your sermons, though sometimes I confess I used to get my head in mother's lap, and sleep through the ser- vice. I can recall the days when you stayed at our house, and our happiness in listening to your words as we learned to know and love you. In fact, next to my father and mother, you have done more for my spiritual character, more in shaping my life, than any one else, and I wish to assure you of my gratitude, and of my love for you, and my earnest prayers, that in the autumn of your earthly life there may be always an increasing joy and peace, as you walk leaning on the Beloved." 12. JAMES WINCHEL CRUSH. Of those born in Roxbury who have entered the ministry, Mr. Crush was one; and between 1831, the year of his nativity, and the fatal paralysis of 1896, there were MINISTERIAL RECRUITS. 403 sixty-five years. During that period he exhibited, to an unusual degree, amiabihty, modesty, and fidelity in various relations. But at seventeen he became deeply convinced of heart-sinfulness, and the need of regeneration by the Holy Spirit ; desires for pardoning grace and for holiness were awakened, and after a time he made public profes- sion of faith in Christ. Preparatory studies were pursued at the East Windsor Hill Academy, Connecticut, and he graduated from Williams College, 1858. For pecuniary reasons he engaged in teaching at two different times, first as principal of the academy in Spencertown, New York, and afterwards as principal of a similar institution in Canton of the same state (1861 to 1864). Having in the meantime spent two years at the Theological Institute of Connecticut, he was ordained at North Potsdam, New York, 1864, afterwards becoming pastor at Hopkinton (1866 to 1872); then successively at Chateau, Cambria, and Perry Centre, New York. Failure of health in 1893 obliged him to give up ministerial labors. He was regis- trar, for eight years each, of the Ontario and Wyoming Associations. Large delegations from his former parishes came to his funeral, and their presence testified with emphasis to his worth.' Mr. Crush carried through life a warm attachment for the Eliot Church, and in 1892 took special pains to be present at the Jubilee. After referring on that occa- sion to the fourteen individuals who had become ministers * Hartford Seminary Record. Vol. VII. No. 4. 1897. 404 ELIOT MEMORIAL. of the Word, he closed by saying : " Such are some of the trees that have grown from seed planted by the teachings of this fruitful pastorate. Who can tell what a power for good such an institution as Olivet College has been, and may continue to be, sending forth year by year young men and women to be ministers and teachers, physicians and missionaries, each of whom shall become in turn a center of influence to be multiplied indefinitely.'* Who can compute the influence of a professorship in a theological seminary, or of a single pulpit, in building up the cause of Christ in the world .? Yet this power in all these varied directions has been exerted by this church, in this pastorate, through these standard-bearers in their respective fields. And when all these influences shall have been exerted to their utmost limit, and when the harvest shall come and all the sheaves shall be gathered into the garner, then will we all be glad indeed to have our beloved pastor of fifty years tell us what is his 'joy and crown.' But then we shall unite in singing in more perfect harmony than is possible here, ' Unto him that loved us, and washed us from our sins in his own blood, and hath made us kings and priests unto God and his Father; to him be glory and dominion forever and ever.'" 13. REV. ISAAC CURTIS MESERVE, D.D. The Meserves came from Jersey, one of the Channel Islands, where the name is spelled Messervy. Roxbury was Mr. Meserve's birthplace, March 27, 1847. After en- MINISTERIAL RECRUITS. 405 joying the advantages of our public schools, and having joined the Eliot Church (1866), he graduated at the Hart- ford Theological Seminary (1869). He was soon called to the pastorate of the Congregational Church in Port- land, Connecticut, and two years later to the same relation to the State Street Church, Brooklyn, New York. Instal- lation as pastor of the Davenport Church, New Haven, Connecticut, took place in 1874, where he remained for twenty-three years and over. During that time there was an accession of a thousand and fifty members, a majority of them on confession of faith. Dr. Meserve is now in charge of the Craven Hill Congregational Church, London, connected with which are important members in public life, two of them members of Parliament. It is a gratifying recollection that Mr. Meserve, accompanied by his father and a brother, called at my house to take counsel in regard to his preparing for the Christian ministry. He is probably now the only son of New England who holds a pastorate in Old England. 14. REV. ALFRED HENRY HALL. Like a good many others, Mr. Hall's bright and use- ful career was arrested at meridian. Many were the friends who remarked at once. How mysterious ! He was a son of Deacon Samuel W. Hall, and was born in Boston March 7, 1845. Our Roxbury Latin School gave him preparation for college, and he graduated at Harvard with 4o6 ELIOT MEMORIAL. the class of 1867. From early childhood he had been in the habit of formally repeating prayers ; but during college life and in connection with the earnest appeal of a fellow- student, there came a religious crisis, and religious exer- cises took on a new character. After graduation from college, two years were spent as tutor of a young man traveling in Europe. A visit to Egypt and Palestine having been made, he studied at Andover, graduating from the Theological Seminary in 1873. Then came a pastorate of four years with the First Congregational Church, Meriden, Connecticut, followed by a similar ser- vice with the Centre Church of that city, from 1880 to his decease, 1891. He was an earnest, energetic, cheer- ful, high-minded man. He contributed articles to religious periodicals, such as the Sunday School Times and the Bibliotheca Sacra, as well as to secular journals. He de- livered lectures before the Meriden Scientific Association. There was an obvious fitness in Mr. Hall's being one of the delegates to the International Congregational Council in London (1891); and his sermons during the visit to Plymouth, England, were recognized as impres- sive. Ancestral element as well as local memories con- tributed inspiration. On his mother's side Mr. Hall came of Massachusetts Plymouth stock, she being a lineal de- scendant from John Alden. Her paternal grandfather, Abraham Knowlton, was an officer in the Revolutionary War and suffered losses by the battles of Bunker Hill and Lexington. It is noteworthy that both lines of Mr. MINISTERIAL RECRUITS. 407 Hall's ancestry have, through successive generations, fur- nished deacons, Sunday School superintendents, and active workers in Congregational churches. 15. REV. GEORGE ROSS HEWITT. He is one of a considerable number who have been welcome accessions from Scotland. Glasgow was the place of his nativity, November 4, 1851, though it was not till 1869 that he came to Boston. Here he found not only an adopted country, but adoption into the household of faith. As is not unfrequently the case, new spiritual life brought with it seemingly new intellectual life, a waking up of the mental faculties, which was scarcely less marked than the changed direction of their activity. Works of fiction gave place to religious reading, and above all to the Bible. Some of the books read had quotations and foot-notes in foreign tongues, which served to tantalize and at the same time to awaken a strong desire for a knowledge of Latin, Greek, and French. It was sug- gested to him that at Phillips Academy, Andover, he would find the desired instruction, and perhaps he might be called to the Christian ministry. Three years were accordingly spent there, and the full college course taken at Harvard College, where he graduated in 1883. The usual curriculum at the Hartford Theological Seminary served to check and correct an obliquity touching lib- eralism, so called, to which, perhaps, all are liable at Harvard. 408 ELIOT MEMORIAL. Mr. Hewitt's first installed pastorate was in North Bennington, Vermont; next one of about five years, in connection with the First Church, West Springfield ; and in 1894 he came to the Calvinistic Congregational Church in Fitchburg, He now supplies the pulpit of the Eliot Church, Lowell, Massachusetts. " With my whole heart," says Mr. Hewitt, " I thank God that I am where I am, and it is all by his grace that I am what I am." He has not ceased being thankful that, contrary to his purpose at the outset of preparation for the ministry, in- stead of a short course on account of his age, he was advised and followed the advice to take the more usual and completer course of study, which he would recom- mend to all under similar circumstances. It may be added that it was the writer's practice when visiting our Sunday School, to remind teachers that the school should be not only a nursery for church mem- bership, but also for the Christian ministry, both in home and foreign service. There was occasional remembrance of this subject in public prayer. It is also well to aid, by loans without interest, or in other ways, young men of promise, who seem to be called of God to prepare for the sacred office. Less than a year ago I received a let- ter from Dr. Edwards A. Park, in which he gives the following incident. Referring to the Rev. William Green- ough of Newton, Massachusetts, Dr. Park says: " Pro- fessor Shedd was the son of a man resident in Newton, and Mr. Greenough interested himself in sending the MINISTERIAL RECRUITS. 409 boy to college, and he defrayed part of his expenses at college. The boy was named William Greenough Thayer Shedd. Professor Stowe was the son of a farmer in Natick, near Newton. Mr. Greenough interested him- self in Stowe's obtaining an education with the hope of his becoming a minister. The three Andover professors were conversing together when Shedd made the remark, ' But for Father Greenough I should not have been a minister.' I said, ' But for Father Greenough / should not have been a minister.' Professor Stowe said, ' How is that ? It was Father Greenough who made me a minister.' " CHAPTER XXVII. MINISTERIAL COLLEAGUES. I. MRS. HANNAH C. BOWLES WOLFF. Eldest daughter of Stephen J. Bowles, and born in Machias, Maine, 1827. Her family Bible, as well as other sources of information, traces her lineage to Sarah Eliot — a granddaughter of John Eliot, the Apostle so called, — who married John Bowles of Roxbury. Mrs. Wolff's education was pursued here; and like a good many other young women, she studied Latin as well as modern lan- guages and history with Mr. Charles K. Dillaway. Atten- tion was also given to painting in oils. She joined the Eliot Church in 1850, and the same year married the Rev. Philip Wolff, a Genevese clergyman, who came to this country to labor among the French people. After a year's residence in New Orleans her doctor insisted that she could not live in that climate, and the family removed to Montreal, where Mr. Wolff was for a time pastor of a church and had a missionary agency among French Canadians. In 1868 the family went to Europe and re- mained two years. Upon their return one of the two sons entered Amherst College, and the mother died in Amherst, June 17, 187 1. She was a woman of marked excellence of character, and was much beloved by those who knew her. That son. Dr. Henry A. Wolff, has been MINISTERIAL COLLEAGUES. 4II a practicing physician at Kimberley and elsewhere in South Africa. The other son is a professor in Cambridge Uni- versity. The Wolff family lived in the Palatinate and Alsace. Mr. Philip Wolff's father was an aid and military secre- tary to Napoleon in the earlier period of his campaigns, but withdrew and settled in Geneva, Switzerland, where he married; and with Malan, d'Aubigne, and other Prot- estants, was devoted to the interests of the ^glise Libre. 2. MRS. SARAH P. GULLIVER PRATT. Mrs. Pratt is a descendant of Anthony Gulliver, who emigrated to New England and settled at Braintree, Massachusetts, in 1645. '^ noteworthy incident is found in the annals of this ancestry. Her paternal grandfather, who was actively engaged throughout the Revolutionary War, was one of the " Minutemen " in the battle at Lex- ington, and her maternal grandmother, then a little girl, was occupied all that day in carrying food and coffee to the " Minutemen," Gershom Gulliver one of them. Some years afterwards she married Henry Putnam, a nephew of General Israel Putnam. Readiness to serve others and to serve their country has characterized descendants from that union of families which were thus represented on the memorable nineteenth of April, 1775. Happily such service has in later years been, for the most part, in the line of peaceful ministries. Her father, Mr. John Gulli- ver, a Boston merchant, was well known as a man of o-reat kindliness and benevolence. o 412 ELIOT MEMORIAL. Mrs. Pratt's birth and education were in Boston. The family having removed to Philadelphia, the only daughter, Sarah Putnam, there married Rev. Dr. Lewellyn Pratt, who, after graduating from Williams College (1852), taught the deaf in Philadelphia and Washington. He became a professor in the Gallaudet College at the last named city; then a professor in Knox College, Illinois, after which he was installed pastor of the Congregational Church at North Adams, Massachusetts. The five years in that position were followed by successive services as professor of rhetoric in Williams College, professor of practical theology at the Hartford Theological Seminary, and pastor of the Broadway Church, Norwich, Connecticut, from 1888 onward. In all these relations Dr. Pratt has had an " Help meet for him," and the same may be said of other ministers whose names here follow. 3. MRS. SUSAN M. HUNTINGTON PERKINS. Mrs. Perkins, who came of a long line of honored Christian ancestry, including John Eliot on the mother's side, and Governor Trumbull, of Connecticut, on the father's side, was born in New York City, June 22, 1835. When the family removed to Boston (1850) she attended the private school of Rev. Solomon Adams for a time, and afterwards, for three or four years, that of Mrs. Prof. B. B. Edwards in Andover, who always spoke of her with the greatest interest. She was baptized in infancy under the name of Susan Mansfield, thus reminding of MINISTERIAL COLLEAGUES. 413 her maternal grandmother, wife of the Rev. Mr. Hunting- ton, pastor of the Old South Church, whose memoir was written by Dr. Wisner. In traits and excellence of char- acter Mrs. Perkins resembled that grandparent. From early childhood she exhibited rare amiability, unselfishness, and conscientiousness. The parents had no occasion to reprove her for known indulgence in wrongdoing, and they regarded her as a Christian from the days of infancy. A more lovely young woman never joined the Eliot Church, nor perhaps any other church. In 1859 she became the wife of Rev. Francis B. Perkins, who held pastorates successively in Montague, Jamaica Plain, Grantville, and Stockbridge, Massachusetts; also at different places in California. As might be ex- pected, she was discreet, faithful, and earnest, deeply interested in the Woman's Board of Missions, as well as other benevolent objects, and led her four children not only to reverence, but to love the Lord's Day. Final sickness came in May, 1878, and she could say most sincerely : " I know not the way I am going, But well do I know my guide." 4. MRS. ELIZABETH G. STRONG. The only daughter of Rev. David M. Mitchell, and was born in Waldoboro, Maine. At ten years of age she became hopefully a Christian, and later joined the High Street Church in Portland, then in charge of Dr- 414 ELIOT MEMORIAL. John Chickering. The family removed to Roxbury in 1852, and became members of the Eliot Church. The pastor and committee were impressed by thie bright and cheerful tone of Miss Mitchell's piety, evidently colored by the very pleasing qualities of native character. Among noteworthy statements made at the time were such as these: "Increasingly deeper conviction of sin;" "Enjoy- ment of self-denial in the service of Christ." As the wife of Dr. E. E. Strong she had great enjoy- ment and usefulness during his six years' pastorate from 1859 onward, at South Natick ; and after that the twelve years' pastorate in Waltham. Then came Dr. Strong's valued service — now for a score of years — in connection with the American Board. Mrs. Strong had been made a life member of the Woman's Board of Missions soon after its organization, and in 1880 was elected to its Ex- ecutive Board, of which she is a vice-president. As one of the designated correspondents, she has come into familiar personal relations with about two-score ladies in foreign lands. 5. MRS. SARAH ELIZABETH BOARDMAN. Sarah Elizabeth Greene, a daughter of the Rev. David Greene, was eleven years of age when the family, •owing to the state of Mr. Greene's health, left Roxbury (1849), which was her native place. The destruction of their house by fire at Westborough, three years later, occasioned their removal to Windsor, Vermont, where MINISTERIAL COLLEAGUES. 4x5 her first church connection was formed (1853). In 1861 she became the wife of Rev. Samuel W. Boardman, at that time Professor of Rhetoric and Metaphysics in Mid- dlebury College. The next year he was called to the pastorate of the Second Presbyterian Church, Auburn, New York, a relation which continued for sixteen years. Other similar relations were formed elsewhere, but after serving six years as pastor of the Presbyterian Church in Stanhope, New Jersey, Dr. Boardman resigned (1889) to become President of Maryville College, Tennessee, a position still held. Mrs. Boardman speaks of an abiding affection for the Eliot Church and its pastor; and among other things, mentions a certificate of having learned the Assembly's Shorter Catechism before leaving Roxbury. 6. MRS. HANNAH T. FENN. A daughter of Mr. John A. McGaw, who was promi- nent among the early members of our church, and a grandson of one of the signers of the Declaration of Independence. On the mother's side, Mrs. Fenn is a descendant of Major Goffe, for whom Goffstown, New Hampshire, was named. She was born in Boston ; at- tended Dr. Bumstead's private school in Roxbury, and afterwards (1848) the Spingler Institute in New York. In 1862 came her marriage to Dr. William H. Fenn, a native of Charleston, South Carolina, a graduate of Yale College and Andover Theological Seminary, whose first pastorate 41 6 ELIOT MEMORIAL. was one of eight years with the Franklin Street Church, Manchester, New Hampshire, followed by his service in Portland, Maine, as pastor of the High Street Church, from 1866 to the present time. His immediate predeces- sor. Dr. Chickering, was in the same connection for thirty years, while Dr. Fenn has already remained there for a third of a century — pastor and people an ensample all too rare at this day. Since fifteen years of age, Mrs. Fenn has taught in Sunday Schools, the first being a German Mission School in New York. Dr. John Hall of New York, finding her still with a class in Portland, said, " I am glad, Mrs. Fenn, to see you in your proper place, where you belong." In childhood, at the Eliot Church she heard a good deal about foreign missions ; and sitting beside her father at church, was not a little interested to see him sign slips for subscription to that cause when they were passed around. For a quarter of a century Mrs. Fenn has been the valued President of the Maine Branch of the Woman's Board, and is also President of the Board of Managers of the Portland Orphan Asylum, and holds official positions in other connections. 7. MRS. MARY ANDERSON STREET. Daughter of Rev. Dr. Rufus Anderson, Roxbury being the native place (1838); educated at the Roxbury High School and the Young Ladies' School of Miss Hannah Lyman, Montreal, Canada; and united with the MINISTERIAL COLLEAGUES. 417 Eliot Church in 1858. Though religiously trained, there had been no real love of religious duties till there came a great change, attributed to the Spirit and grace of God. Novels then lost their charm, the Bible became a new book, and service rendered to the Master became a joy. As the wife of Rev. George E. Street she has had acquaintance with pastoral life, first in Wiscasset, Maine (1864-187 1), and then in Exeter, New Hampshire, from 187 1 onward. Service in the same connection for nearly thirty years is one of comparatively rare occurrence at the close of this nineteenth century. Mrs. Street holds the pen of a ready writer. Among published productions, and before marriage, she wrote, after accompanying her parents on their ofificial visit to the Pacific, Scenes in the Hawaiian Islands and California. Recently appeared, The Street Genealogy, a work of over five hundred pages, with several illustrations, being a history of Rev. Nicholas Street — one of the founders of Taunton, Massachusetts, and of New Haven, Connecticut — and his descendants, as well as others bearing the same name. 8. MRS. JANE PERKINS CHILDS. Mrs. Childs is of the old New England stock, a descendant from Quartermaster Perkins, who came with his father and brother to Boston in 1629. They were fellow-passengers with Roger Williams. From that day to the present the head of each family in direct descent has been a church member. Her parents were Benjamin 4l8 ELIOT MEMORIAL. and Jane Lawrence Perkins, prominent members of the Eliot Church; and Boston was her native place (1829). Her public profession of faith in Christ was in 1845. ^^ the time of her marriage to the Rev. Thomas S. Childs, he was pastor of the First Presbyterian Church in Hart- ford, Connecticut ; then professor in the Hartford Theo- logical Seminary (1871-1878) ; afterwards he became pastor of the First Congregational Church, Norwalk. Later he entered the Episcopal Church, and by re-ordination entered its ministry. Their residence is in Washington, District of Columbia, and Dr. Childs superintends the home missions of that diocese. 9. MRS. CAROLINE FORBES PENNIMAN. Younger daughter of Edwin and Charlotte S. Forbes, and Roxbury the place of her nativity. She became the wife of Rev. H. M. Penniman, who graduated at Brown University ; and then at Andover Theological Seminary (1882). He was ordained, and installed pastor of the First Church, East Derry, New Hampshire, and after- wards ministered to the Tabernacle Church, Chicago, Illinois, and to the Congregational Church of Keokuk, Iowa. In 1895 he received appointment to the professor- ship of Christian Evidences in Berea College, Kentucky. Mrs. Penniman has met with the experiences of sickness, and other trials, as well as the enjoyments usually found in such colleagueship with the ministry. MINISTERIAL COLLEAGUES. 419 10. MRS. ANGENETTE F. TINKHAM HAMILTON. It is often said that a pastor should never wed within the limits of his parish. If all such cases resulted as did that of Dr. B. F. Hamilton, we should hear the converse maxim — let the minister always look within his church for a wife. A five years' acquaintance brought this happy union about on the twenty-first of June, 1876. Mrs. Hamilton, the only child of Capt. Benjamin C. and Cynthia Tinkham, was born in Middleborough, 1852, and for the remaining twenty-one years of Dr. Hamilton's pastorate approved herself as the devoted and discreet wife, mother, neighbor, and church member, faithful and efficient in various relations and local offices. She pub- licly confessed Christ at the same time as her father, join- ing the Village Church, Medway (1868), and uniting with the Eliot Church by letter, at the same time as both parents, March 3, 1871, eight months before the close of that period which has been specially under review in these sketches. Domestic life has not been free from trials in the line of ill-health and bereavements; but paro- chial life has been unusually free from criticism. CHAPTER XXVIII. YOUNG WOMEN. It is impossible to speak of them without deep emo- tion — the group was so large, so lovely, and nearly all of them exhibiting such well-defined marks of divine grace. More tears were probably shed over their removal than that of any other equal number belonging to any different class. We followed them, one by one, down to the valley, some of them faltering at times a little, yet in the main firm, as they found and leaned on the Beloved. How often have we looked over to the other side, and seen them walking along the banks of the river of life — their forms dilated to a heavenly stature, every movement in- stinct with celestial grace, every feature radiant with holy delight ! What strains of heavenly harmony we seemed to hear from them! Mothers in Israel have stepped forth to greet them. Rachel, long since comforted, and her tears all gone, has welcomed them. To the Elder Brother they have kneeled, saying, " All hail ! " Among them was many a Mary who had chosen the good part. Now and then a sudden summons was heard, " The Master has come, and calleth for thee." Several times I was reminded of a daughter of the excellent Bishop Lowth, presiding at the tea-table, and as she placed a cup on the salver, said to the waiting-maid, "Take this to the Bishop of Bristol," when her hand YOUNG WOMEN. 421 dropped, and she instantly expired. One such, for in- stance, was Elizabeth F. Morse, who left us suddenly (July 6, 185 1), at twenty years of age. She had not put off the one thing needful. It was noticeable that for a month previous she often sang the lines: "What is life? 'T is but a vapor; Soon it vanishes away ; Life is but a dying taper ; O my soul, why wish to stay? Why not spread thy wings and fly Straight to yonder world of joy ! " It was on a bright day and amidst a profusion of roses that she fell asleep. In the course of the two pre- ceding months six from the circle of our young ladies had fallen beneath the great mower's scythe. I. MARIA ANTONIA MARTINA ECHEVERRIA. She was born at Matanzas, island of Cuba, 1820. Her father was a native of Florence, Italy, and her mother, Sarah Newell, was a native of Marblehead, Mas- sachusetts. At six years of age she came to New England, and remained here twelve years, being educated in part at Bradford Academy. She made public profes- sion of her Christian faith, and united with this church at eighteen. After returning to her island home she twice revisited New England. Miss Echeverria was a brilliant young woman, sprightly, and with a countenance peculiarly pleasing. But pulmo- 422 ELIOT MEMORIAL. nary consumption pays no regard to youth or beauty, and in 1844 (July 19) this young friend died at the Cafatal San Antonio. From the ranks of our young women she was the first to lead the way to " the land that is very far off." It is sad to think that the booming of hostile guns in our late war should have been heard over her resting-place in the cemetery of Carnarisca. 2. CHARLOTTE H. BAKER Was one of the most faithful and devoted of our Christian young women. Her own decline began soon after the very sudden decease of her sister, Mrs. Dickin- son. Months of increasing debility and suffering passed before the time for final farewells came (1848). She prayed aloud for the family, for other friends, — mentioning each by name, — for her Sunday School class, her pastor, a perishing world, and last of all, for herself. In clear, sweet strains she sang the entire hymn : "I'll praise my Maker with my breath; And when my voice is lost in death, Praise shall employ my nobler powers." Just as flesh and heart were failing she said to her class, who had come in a body to take leave : " This is to me a solemn day. I am expecting every day to launch into eternity. The world seems of little value ; my account is closed up. My sorrows here are over. What could I do now without Christ ! I wish all my class to know YOUNG WOMEN. 423 that I die a poor, helpless sinner, looking to the cross of Christ as my only hope. " ' In my hand no price I bring, Simply to thy cross I cling.' " I have not been faithful to you, and yet I have loved you and have labored and prayed for you, and dur- ing the last year have been more than ever anxious for the salvation of your souls. I consecrated myself to God to do everything for you if you would only become Chris- tians, and I had hoped to live to see you such. I warn you not to put off the time of repentance for a sick-bed. It is a poor place to prepare for death. I shall not meet you here again. When you next look upon me I shall be cold in death. But I expect to meet you at the bar of God, there to render up my account." 3. EMELINE SILSBEE AND 4. CHARLOTTE R. STEELE. Within one week in October, 1848, two young ladies, Miss Emeline Silsbee and Miss Charlotte R. Steele, finished their course. Each was the victim of the same fatal disease that baffled the skill of physicians and the assiduity of friends. To the former, two years, with their wearisome days and nights, were appointed. Patient Chris- tian endurance continued through the whole. Just as night, a dark and stormy night, closed in, she fell asleep. 424 ELIOT MEMORIAL. The second of those mentioned above, whose decease was so nearly simultaneous, came to us bringing decided symptoms of the same malady. She belonged to an ex- cellent religious family ; and with clearly intelligent trust, she committed herself, for time and for eternity, to the gracious Saviour. A written confession of her faith was communicated to the church, which welcomed her to its fellowship. The next Lord's Day, in an upper room, about the same number being present as when Christ instituted the supper, she received the emblems of his body and blood. The very next morning she rose, as we trust, to the personal presence of our glorified Redeemer, to exclaim, " Rabboni ! " In each of those upper rooms I caught from the faint and labored breathing a message for surviving young acquaintances. The marble lips bade me tell them : " The sick-bed is no place to prepare for death ; it is a serious thing to live ; it is a dreadful thing to live far from God, and to reject the great salvation. Oh, the love of God! Oh, the love of Jesus ! " Each of the two upper rooms was apparently quite on the verge of heaven. I seemed to go hand in hand with those choice young friends to the gate of Paradise. As the gate opened and they passed in, I heard a voice saying, " Come and see ! " So have I seen a bird escape from its cage, mount upwards, and carol, and clap its wings in joyful freedom. YOUNG WOMEN. 425 5. ELIZA HILL ANDERSON. Her features, her mental endowments, and her traits of character were sure to attract attention and to awaken an interest more than usual. It was in the summer of 1847 t^^^ ^^^ made public profession of religious faith. It is not often that a miss of sixteen gives such decided testimony as she did. Though characteristically modest, she said in the presence of our church officers and in a clear, firm tone, " My chief aim is to serve God ; My desire to become holy in heart and life is greater than any other." A little more than two years later and close upon her eighteenth anniversary of birth, she joined the assembly where the refrain of social worship is, " Holy, holy, holy. Lord God Almighty ! " The tree which she planted in front of the house, and which the family called " Eliza's tree," now casts its shadow into the upper room, where she gradually wasted under irremediable phthisis, and at length closed her eyes on the 12th of December, 1849. I have seldom, during the last fifty years, passed under that graceful tree with- out looking up at it as an emblem of the charming daughter who planted it there. Conversations with her on many sacred subjects, with reference to many individuals, led me the next day follow- ing her funeral, in a sermon on the " Raising of Jairus' Daughter," to say to Eliza's companions: " I cannot close, young ladies, without addressing a word specially to you. God speaks to you. He spoke 426 ELIOT MEMORIAL. to you last week; he has been often speaking to you. During the time of my pastorship, as yet brief, it has fallen to me already to attend the funerals of fourteen of your number. I must press upon your attention the fact that, once dead, you are to rise again — that you, yon^ my young friends, are to rise again; that each of you will hear Christ's omnipotent Talitha cumi sounding through the world of spirits, for 'All that are in their graves shall hear his voice and shall come forth.' That maid of Capernaum had two seasons of probation; you will have but one. When you come forth it will not be in your present homes. ' After death is the judgment.' ' Some shall wake to shame and everlasting contempt' Ponder it, ye gay, ye thoughtless ones, ponder it. A short time before her death, Princess Amelia penned these lines: " Unthinking, idle, wild, and young, I laughed, and danced, and taught, and sung, And, proud of health, of freedom vain. Dreamed not of sorrows, care or pain. Concluding in these hours of glee. That all the world was made for me. But when the hour of trial came, When sickness shook my trembling frame. When folly's gay pursuits were o'er, And I could dance and sing no more, It then occurred how sad 't would be. Were this world only made for me." Alas, that it had not occurred to her before! Turn now to the testimony of an accomplished daughter of YOUNG WOMEN. 427 Baron Cuvier : " I experience," she said, " a pleasure in reading the Bible which I have never felt before. It at- tracts and fixes me to an inconceivable degree, and I seek sincerely there, and only there, the truth. When I com- pare the calm and the peace which the smallest and imperceptible grain of faith gives to the soul, with all that the world can give of joy and happiness, I feel that the least in the kingdom of Heaven is a hundred times more blessed than the greatest and most elevated men of the world." Hers is not a voice from a convent or an almshouse ; it is not the language of one whom the world had dis- appointed and who seeks consolation from religion because every other source of happiness has been cut off. No, it is the experience of a young lady at the very center of all that could dazzle the mind and fascinate the imagina- tion in the gayest, the most brilliant city of Europe; whom the world, in the most alluring forms, was per- petually assailing and seeking to captivate. 6. MARCIA EVELINA ATKINS. Peculiarly amiable and lovely, she had from child- hood maintained secret prayer habitually, and, so far as outward life furnished evidence, would be pronounced a suitable candidate for church membership. But when she came to scan herself seriously, she found, as such not in- frequently find, that she had a rebellious heart ; that her sins were numberless ; that she had no real love to God and no true penitence. The broken and contrite spirit 428 ELIOT MEMORIAL. followed, with entire reconciliation to the character and ways of God and a trustful looking unto Jesus, the author and finisher of our faith. Two years of church life wit- nessed sanctified amiability. But she was obliged to relinquish teaching in the Sunday School, and surrender to a wasting disease (1854). Spiritual experiences, how- ever, grew stronger and stronger. " You know," she re- marked, " what a very great dread I have always had of the grave, and of everything connected with it, apart from the solemnity of death itself. That is entirely taken from me, and although I have so much to live for, and should be so happy in life, yet the grave looks pleasant to me, and if God sees it to be best, I am perfectly will- ing to go." She spoke of dying as one would of going on a journey. Her cheerfulness, in view of all that re- lated to death and the grave, was the more remarkable, as in health she could never visit the cemetery without shuddering at the thought of being interred there. But she could, at length, say to her mother, " I want you to come often to my grave, and let your visits to it be cheerful, not sad ; make it a resort in your happy hours ; do not come when you are sad." " Why do you weep ? " she inquired ; " I am going home." 7. ANN MARIA BOND. It was in the early summer of 1853 that this daughter of Mr. Richard Bond — a prominent member of the church — at the age of twenty, bade good-by to the family and to me. She was the victim of a lingering con- YOUNG WOMEN. 429 sumption, during which the evidence of a saving change of heart came to light with more than usual clearness. To all appearance, penitent conviction of sin was un- mistakable, as also was justifying faith in Jesus Christ, followed by cheerful submission to the divine appoint- ment of sickness and early death. She had had excel- lent home instruction as well as in the Bible Class of Mr. J. S. Ropes. Lord's Day morning, before her departure, she in- quired about the probable time of that event, and was told that the physician thought it might come at any time in the near future. " Then," said she, " I may spend the next Sabbath in heaven." Her last words were, " Dear father, precious mother, precious, precious Saviour ! " 8. CAROLINE W. BOND. Died suddenly August 20, 1857. She had been visit- ing friends at Conway, her father's native place ; returned home of a Wednesday, and the next day entered the home on high. Miss Bond was an unusually conscien- tious young woman, free from frivolities, adhering firmly to principle, punctual to engagements, and respected as a consistent Christian by all who knew her. She was one about whom criticism never lisped. To her Sunday School class she was noticeably devoted. The last time that I saw her she was on the way to the Young Ladies' Prayer Meeting. From near the earliest invasion of disease, typhoid 43° ELIOT MEMORIAL. fever, her mind wandered. Just before spasms began she broke out : " Glory to God in the highest ! Peace on earth ; good will to men — forever and ever ! " The last use that she made of the pen at Conway was to copy Mrs. Browning's impressive hymn on the words, " So he giveth his beloved sleep." Against the following stanza she drew a heavy pencil-mark in the margin : " And friends, dear friends ! when it shall be That this low breath is gone from me, — When round my bier ye come to weep, Let one, most loving of you all, Say — 'Not a tear must o'er her fall,' — ' He giveth his beloved sleep.' " 9. ANN BELL. A member of Mr. Walley's Bible Class, who died May 2, 1858. Her funeral was from the church. Two years before that she stood where the casket then stood, publicly professing faith in the atoning and risen Redeemer. Her recorded testimony was that she had no merit and no hope except through the interposition of Jesus Christ; that the thought of him was peculiarly delightful to her; that her desire was that others should come to him, and find the same blessings she had found ; that the Bible was the choicest of books ; that daily prayer was her practice and her pleasure. Her Christian character and course were unobtrusive and unexceptionable. In sickness there were neither raptures nor fears, but she expressed YOUNG WOMEN. 43 I complete acquiescence in the will of God, and maintained an abiding, quiet trust while sinking gently asleep in Jesus. And who are they " which sleep in Jesus ? " They who have believed in him to the saving of their souls; who were justified through him, affianced to him, vitally united to him, and assimilated to him. The body being left in the great dormitory of earth, they pass beyond the portal of the grave, and bidding good night to all this side, they hear a good morning the other side. Dying is but a dim, brief trance between time and eternity. Worry, and weariness, and dreams are at an end. As the first rays of a resurrection-day light began to brighten the firmament, amidst the solemn stillness of that hallowed dawn, broken only by the sweet matins of May birds. Miss Bell awoke, we doubt not, in the heav- enly home. CHAPTER XXIX. HONORABLE WOMEN. Of these not a few. It is to be noticed that at the dawn of the present dispensation the first two visions of angels were in the experience of women ; that the first two announcements of Christ's resurrection were made to women, and that after he left the tomb his first two appearances were also to women. In the fourth century of our era Libanius, though an enemy of Christians, exclaimed, " Ah ! what wonderful women there are among the Christians ! " With no less emphasis may the same be said in our day. In the Eliot Church, as in most other churches, the female membership is in the majority. Such was the case at first ; of the fifty-one original mem- bers only twenty were males. In the year 1899 the female members of all Congregational churches in our country numbered well on towards twice as many as the male members, 416,041 against 212,193. ^^ this church the predominance spoken of seemed the more noteworthy, as the parish was by day chiefly a parish of women, little business being done here, and the men, with few excep- tions, being in town between the morning and evening meals. In previous chapters, which speak of missionaries, ministerial colleagues, artists, and deaf-mutes, are those belonging alike to the present category. Others not yet HONORABLE WOMEN. 433 mentioned fall into representative groups. Here may be found the prayerfulness of Hannah, the devotedness of Ruth, the discreetness of Abigail, the devout waiting of Anna, and the self-forgetting fidelity of Mary. The Lydia at prayer meetings and the Dorcas of good works are here. I. MRS. MEHITABLE GROZER KITTREDGE. Early efficiency and growth of the church were due in no small degree not only to the senior deacon, Mr. Kittredge, but also to Mrs. Kittredge. Her untiring energy and cheeriness helped greatly to animate and brighten the enterprise. She was born in Truro, Barn- stable County, February 28, 1803. Her girlhood was one of gaiety; but the first general revival in Park Street Church (1823), which added about ninety converts to its number, recorded her and two of her sisters among them. Character and life took on a new form ; and thence on- ward the kingdom of our Lord had a large place in her heart and her activities. When the Eliot Church was organized, the council — pastors and delegates — were entertained at her home, where thenceforward a large hospitality was maintained. Theological students were frequent guests, among whom, for weeks, was Henry Lyman, afterwards one of the two missionary martyrs in Sumatra. Ministers and missionaries often found welcome there. Many a committee meeting, many a prayer meeting, many a Dorcas gathering were held there, as well as the Maternal Association, with an 434 ELIOT MEMORIAL. attendance sometimes of sixty persons. Of the fourteen hundred church members up to the time of her decease, no one had been more loyal to its interests, more uni- formly present at its gatherings, or taken active part more readily in its exercises. Mrs. Kittredge's married life lacked only one year of half a century ; and during that period probably no one ever visited the home on High- land Street without finding it well ordered. On the Lord's Day was a secular book or paper ever seen in her hand, or on the table. Every morning and every night in the week, about nine o'clock, she retired for secret prayer. The final summons came in April, 1883, and for several preceding months one of her favorite hymns had been : " I know not the way I am going, But well do I know my Guide ; With a child-like trust I give my hand To the mighty Friend by my side ; The only thing that I say to Him, As He takes it, is hold it fast ; Suffer me not to lose my way, And bring me home at last." 2. MRS. HARRIET L. DICKINSON. Sometimes the pastor has a sudden midnight sum- mons. Thus was it in the October of 1847. ^ sharp outside rap on the house was followed by the startling appeal, " Do come down to our house ; Mrs. Dickinson is dying." I was soon on the way, thinking how agitated must that friend be by this sudden call from another HONORABLE WOMEN. 435 world to her in the meridian of Hfe ; but on reaching the house I found her the most self-possessed person in her upper room. The rest of the family, and one or two neighbors who were present, seemed bewildered. Even the physician, who had been called, appeared to be rather less calm than usual. Mrs. Dickinson was unruffled. On the little table beside her bed lay the familiar Bible which had been read, as was her wont, before retiring in appar- ent health for the night. That book had for years been her guide and her joy. At the female prayer meeting she was a glad attendant, and she was one whose cheerful countenance was always seen at the weekly prayer meet- ing also, whatever the weather might be. Her last social call was on a sister teacher in the Sunday School, whose tide of life was ebbing, and with whom she had sweet converse concerning their common Lord, who caused their hearts to burn within them. More than once in the course of this closing hour of her own life, she exclaimed, " What should I do now if it were not for Jesus Christ ! " Upon inquiring of the doctor how long she might expect to live, he replied, " Perhaps two hours." Her parents and one of two sisters being decided Christians, she devoted remaining time chiefly to the other sister, and to two brothers, pleading with them to choose at once the good part, alternating her appeals with silent prayer. Then, taking leave individually of all who were present, she laid her head upon the pillow, and before daybreak fell asleep in Jesus. 436 ELIOT MEMORIAL. It was a sweet and placid countenance that smiled in her casket, October 23, 1847. The emphatic, though silent message was, " Watch, therefore, for ye know neither the day nor the hour wherein the Son of man cometh ; " " The night is far spent ; the day is at hand." 3. MRS. CLARA STOWELL FRANKLIN. Mrs. Franklin was a native of Guilford, Vermont, and March 4, 18 13, was the date of her birth. Her father, a much beloved and respected citizen, was killed on his own premises by the fall of a tree, an event which very deeply impressed his daughter. Her grandfather was an officer in the Revolutionary War. She taught school in her native place, but upon marriage (June, 1839) came to Roxbury, and in the first year of my pastorate (Novem- ber, 1842) joined the church on confession of faith. At the time of her decease (1893) she stood nearly alone as the last of those in the congregation who were living when my settlement took place. For full half a century Mrs. Franklin commanded respect as a woman of decided and consistent Christian character. The Bible was all in all to her, and prayer a delight. A large family furnished no reason in her opinion and habit for absenting herself from public wor- ship on the Lord's Day, nor from church meetings and the Ladies' Prayer Meeting on week-days. As little did she make it an apology for refraining from neighborhood ministries among the needy, the sick, and the bereaved. HONORABLE WOMEN. 437 Her presence anywhere was a benediction. Her piety seemed to take an aspect and tone from the spot where she first saw the light, and where her early years were spent. It was a house on the summit of a hill command- ing a wide and animating prospect. Neither morning sun nor afternoon rays were ever darkly shaded. The five sons and eighteen grandchildren living at the time of her departure had more occasion than is often had to rise up and call her blessed, in remembrance of rare faith, fidelity, and love. At four-score she fell asleep on Christmas eve. 4. MRS. CATHARINE LOUISA STONE. It was about the year 1800 that Elizabeth Epps, born in 1781, came to this country on a visit. Her home was in Canterbury, England, near the famous cathedral. Not long after arriving in Boston she married Mr. Tilly Whitcomb of this city. These were the parents of Mrs. Stone, and she was born here December, 1802. In early years she attended a school taught by the Misses Davis ; and among the incidents that remained fresh in recollec- tion to the last was this, that when, after the war of 18 12, peace was announced, she went home that day swinging her school-bag in great glee, shouting, " Peace ! Peace ! " She boarded for two years away from home, in order to have training under M. Lannier, a distinguished teacher of music. When past four-score years she would, if asked, 43 8 ELIOT MEMORIAL. seat herself at the piano, and with delicate touch would play, " Bluebells of Scotland," " Blue-eyed Mary," as well as other pieces which were learned full seventy years before. In 1825 she married Gen. Ebenezer Stone of Boston. As wife, mother, and neighbor, she was peculiarly devoted, kind, sympathetic, and generous. Her attachments were strong and enduring. Not a few in the younger genera- tion lovingly called her " Grandmother Stone." Having become deeply dissatisfied with Unitarian sentiments, she united with the Eliot Church in 1838. The walk from Jamaica Plain, where the family then lived, was a long one, but she was uniformly and punctually present at Sabbath worship. Her Bible and books of devotion — such as Hannah More's Private Devotions, and Jay's Morning Exercises — gave evidence of faithful use. November 22, 1875, General and Mrs. Stone cele- brated the fiftieth anniversary of their marriage. Three friends were present who were also present at the wed- ding, half a century before, one of them a bridesmaid on that occasion. Mrs. Stone had the experience of four years and more of widowhood ; and her departure came suddenly, September 2, 1883. 5. MISS CAROLINE MARIA STONE. Fourth daughter of the foregoing, and born the year (1839) after her mother became a member of the Eliot Church. Twenty years later (1859) she entered publicly HONORABLE WOMEN. 439 into the same sacred fellowship. Her narrative of Chris- tian experience at the time indicates very clear appre- hension of the distinctive truths of evangelical religion, and hearty enjoyment of its every-day duties. Ill health had a good deal invaded and chastened the school-girl period. An infirmity in one arm interfered with the practice of instrumental music, a fondness for which was inherited from the mother, but she made good proficiency in the usual branches of study, and in the German language. Amiability and gentleness were early characteristics. At eight years of age she spontaneously began her min- istry of kindness; but after conversion. Christian principle inspired and controlled her activity. Cheerfully conscien- tious and self-forgetful to a marked degree, she was a living illustration of First Corinthians, the thirteenth chapter — "Charity never faileth." Rooms of sickness and houses of bereavement were her habitual resorts, with tokens of sympathy and the cup of cold water in the name of a disciple. During the Civil War she visited encampments at Readville, then at Galloupe's Island; and later devoted herself to teaching freedmen, and was superintendent of a school for them in the west part of our city. After that her habitual fidelity was shown in the instruction of Chinese men. To an older sister, in her last sickness, she gave herself with an untiring devotion that led to her own decease six weeks later. A few days before departure 440 ELIOT MEMORIAL. (September 9, 1898) she requested a friend to sing at her funeral the words : " Peace, peace, sweet peace, Wonderful gift from above ; Oh, wonderful, wonderful peace. Sweet peace, the gift of God's love." 6. MRS. ABIGAIL F. WARDWELL. The circumstances of departure (January, 1883) were unusual. It was during sleep. Such quietness, such still- ness, were in beautiful accord with her life and character; and this manner of removal may well be accounted a divine favor. There are only a few to whom it is vouch- safed. Dr. Chalmers was one of the few; Bishop Hurd was another. This departed friend of ours had no ex- perience of dying ; caught no glimpse of the King of terrors so called ; and that is one way in which death, or rather dying, may be abolished. It was in the morn- ing amidst the delightful freshness of early day. Her last recollections of earth did not relate, as is often the case, to struggle and distress ; she carried with her no remembrance of farewells and tears; she went away noise- lessly to see the King in his beauty. It was at break of day, but not alone, for ministering spirits can have no morning duties to interfere with attendance upon the heirs of salvation. HONORABLE WOMEN. 44 1 7. MRS. MARY J. BASFORD. At the organization of the church fifty members had reached mature years, while only one was under age. Mary J., a daughter of Mr. Melzar Waterman, was then fourteen, and with her parents brought a letter from the church in Halifax, Plymouth County. At the time of her decease, December, 1893, she had for quite a while been the only survivor of the original membership, and for three-score years had maintained a blameless Christian walk and fellowship. So long a connection with one and the same brotherhood of believers is comparatively infre- quent. Circumstances early in my pastorate gave oppor- tunity for intimate acquaintance with Mrs. Basford. A distinct impression was then received that she was a woman of rare amiability, discretion, and conscientious fidelity. Not the least trace of resentment, jealousy, un- due self-seeking, or other such low traits ever became manifest at that time. The subsequent fifty years only confirmed and strengthened impressions that were then made. Through the whole half-century one habit attracted particular notice — a sanctified control of the tongue. Ac- cording to the standard of the Apostle James, she came as near the attainment of absolute perfection as any one whom I have known so long and so well. I never heard a word from her lips which she might afterwards desire to recall. To human eyes she was an embodiment of blamelessness. In the absence of personal decoration she wore, " the ornament of a meek and quiet spirit, which in the sight of God is of great price." 442 ELIOT MEMORIAL. 8. MRS. ANNA F. WATERS. The roll of Christian honor — what names stand high on that } The question relates to character, to the meas- ure of unselfishness, of Christ-like spirit and ways as manifested habitually by the aim and tone of life. In out- ward condition no member of the Eliot Church had less that was attractive than Mrs. Waters. To find her home one had to go down a narrow alley, climb a rickety flight of outside steps to an apartment over a workshop, and immediately under a roof the rafters of which were in- crusted with soot. The hovel-attic was innocent of plas- ter, and its chief articles of furniture were two chairs, a table, a rough wooden box, and an old stove. Dress, per- son, and features corresponded with the place of abode. She would make no apology for those surroundings, nor even allude to them. Friends would have gladly pro- vided something more comfortable, but for the incum- brance of a miserly and tyrannical husband, a wood- sawer by trade. A lisp of complaint, however, never escaped her. Speak of the Saviour or of a Bible promise, and her countenance would kindle, and you would then see the only pleasing object under that dingy roof, the radiance of indwelling holiness. Her mind was feeble, her range of knowledge extremely limited ; her religion was the whole of her. Early girlhood passed in unevan- gelical environment, but when, at fifteen years of age, conversion took place, she became " a new creature," and continued to " grow in grace and in the knowledge of HONORABLE WOMEN, 443 our Lord and Saviour, Jesus Christ," furnishing a fine illustration of eminent piety combined with stunted in- tellect. Mrs. Waters, without suggestion from any one, en- gaged in neighborhood work, visiting the homes of Roman Catholics and others, where she read sacred Scripture and occasionally left a tract. Her benevolence was remarkable, though her only source of income, prior to becoming a widow, was the knitting-needle. The con- tribution box, when passed for various objects, generally re- ceived her two mites. Necessary absence from the monthly concert of prayer for foreign missions, formed no excuse for not giving ; she would at the next opportunity put in double her usual amount. One morning she came to me with a basket of cents, which she had for a year been saving as the fruit of self-denial over and above ordinary gifts. She had heard something from the pulpit on that subject, and something about a special appeal from Cey- lon, and the purpose was entertained to save two cents a week extra. She desired me to count the contents of the basket and see if there was enough to make good the average for all the weeks of the year — a problem too deep for her arithmetic. When told that there were three cents over, and those were handed back to her, she wished the whole to go into the treasury of the Amer- ican Board — her face beaming the while with devout joy that the coppers held out so well. Her last labor was to knit a pair of socks for a needy individual ; and her last 444 ELIOT MEMORIAL. charity was sending a dollar by the hand of another to a city missionary in New York. As the hour of departure drew on, her joy became unspeakable. " Triumph over death," " Triumph over death," was often on her lips. Her parting words to me were, " I expect to stay in heaven tonight." Those who watched with her said the room was " a little heaven." " Home, almost home," was her final articulation. Did ever ministering angels bear an emancipated spirit with more alacrity to the paradise of God? Mrs. Waters lived seventy-one years. At the funeral in that obscure upper room five ministers were present, not by request, but be- cause they knew the rare worth of one who had literally " done what she could." As there was no relative of hers living in Roxbury, and no one to be flattered by any- thing commendatory of her, a discourse depicting her character was preached, the first of the kind in the Eliot Church. At the request of friends the same was pub- lished under the title. The Poor Widow. This memo- rial, translated by one of our missionaries, soon appeared in the Tamil language; and thus the poor, praying, self- sacrificing, yet feeble-minded woman has now for more than two-score years been preaching to natives in North- ern Ceylon. 9. MRS. MAGDALENA KUHN. Another of the original members. The family were in very humble circumstances; but with her husband. Christian Kuhn, she was invariably and punctually present HONORABLE WOMEN. 445 at all public services on tne Lord's Day, and at church meetings. Their knowledge of the English language was very imperfect, and their use of it still more imperfect. But they never seemed to be mortified by their plainness of dress and of speech. Their peculiarly modest and exemplary deportment was a silent power for good, much more effective than the talkativeness and irregular bustle of others. So uniform, yet unobtrusive was their quiet, consistent walk, as to impress one of the ablest and most prominent of our young men, and prove to be the means of his conversion. In calling at their plain dwelling, I never failed to find them seated at evening on opposite sides of a small table, a dim light between them, each intent upon an open German Bible. No habitation in the city could present a more beautiful scene. Mrs. Kuhn had, in large measure, all the simplicity and warmth of emotion ever witnessed in a Wiirtem- burger. Speak of the Saviour, or the Heavenly Father, and soon the tears would begin to trickle down her ruddy cheeks, and up would come a corner of her coarse, but neat apron. It became necessary for her to take boarders, and that interfered much with Bible-reading and prayer. Longing for more quiet, she told me she had asked the Lord that he would please send, what she called, " some shly sickness," that she might have time for his Word and for fellowship. Not long after, she fell downstairs and broke a leg. Her first thought was, " Das ist das shly sickness ; " and there followed several weeks of blessed 446 ELIOT MEMORIAL. leisure for the lively oracles, and for communion at the mercy-seat. At the age of sixty-six, on a mild, bright morning in May, 1866, the dear woman entered into the perfect rest and perfect fellowship. 10. MRS. MARY C ALLEN. A few natives of Ireland were at different times wel- comed to the church, one of them, Mrs. Mary Callen, July, 1855. Her ancestry was Scottish. Before leaving the mother country she had been to the Lord's table. Later, however, she became convinced of her unfitness to be a communicant. Her eyes were opened as never before to view penitently her sinful and lost condition, and in faith to behold the Lamb of God her all-sufficient Saviour. Heavy bereavements came, husband and all her children — seven in number — being removed by death. Extreme poverty followed, but while her sphere was a very humble one, an irreproachable life, and a beautiful Christian spirit adorned it. When eighty years of age Mrs. Callen, after a severe strain upon her eyes in plying her daily task, suddenly became blind one night. Dependence on others was then complete, but during the fifteen years that followed, not- withstanding loneliness and feebleness, no one heard aught of complaining or sighing from her lips. The twenty- third Psalm was a favorite. It was daily food, and a precious cordial to her soul. She never failed to repeat it when retiring for rest at night. Blindness did not pre- HONORABLE WOMEN. 447 vent her living in green pastures, nor walking by the still waters. To the family, in which for twenty years she was an inmate, her presence became a benediction, like the ark in the house of Obed-Edom. During that period one out of each of three successive generations was carried to the Field of Ephron, each of whom alike called the aged sojourner, " Grandmama." They found a model and a blessing in her example. Her early advantages for education were meager in- deed. Robert Raikes did not open his first school till after she was born. But Mrs. Callen had committed to memory the Assembly's Shorter Catechism, and that con- densed formulary of Bible truths was a perennial source of spiritual education, strength, and comfort. I regarded her as one of the most useful members of the church. No sermon on resignation, trust in God, and devout appropriation of the Psalms, was so effective as the unob- trusive yet eloquent experience of that decrepit woman. Young men and young women of the church improved opportunities of visiting the aged saint, to whom they read or repeated portions of Holy Scripture, speaking also in psalms and hymns, and engaging in prayer with her. Probably there was not at the time a more grateful or a happier citizen in Boston. Amidst sickness and failing strength and many pains her song still was, " Surely good- ness and mercy shall follow me all the days of my life." Between one and two thousand dollars stood to the credit of the church in her behalf, besides what had been con- 448 ELIOT MEMORIAL. trlbuted privately by individuals, but most gladly was the outlay met. When at length her decease came in May, 1875, she lacked only four years and some months of being a centenarian. II. MRS. JUDITH NUTTING. Instances of exceptional longevity are never numer- ous in any community, and hence attract attention. They are the living links between three or more generations. The decease of a centenarian, or of one who has reached the confines of a hundred years, draws attention. The proportion of such in the Eliot congregation is consider- ably in excess of what it is in the population at large. Mrs. Nutting died in 1883, at the age of ninety-seven. She well remembered when, sixty years before, there was announced the sudden death of Mrs. Garrick, widow of the celebrated actor, at the age of ninety-seven, accessible and attractive to the last. The same year (1822), upon the decease of Sir William Herschel, his no less remark- able sister Caroline removed to Hanover, Germany, where, with an unclouded intellect, she lived till 1848, and within three years of a century. Elizabeth, the widow of Gen. Alexander Hamilton, survived her husband more than half a century, dying (1854) at ninety-seven. Mrs. Judith Nutting was born October i, 1786, be- fore our Federal Constitution had been adopted ; before Massachusetts had passed an act forbidding the slave- trade ; before mass had ever been celebrated in Boston HONORABLE WOMEN. 449 by a Roman Catholic priest ; before a land office had been open for sales to settlers ; and before cotton had been exported or even grown at the South. The entire population of our Commonwealth then did not exceed that of Boston today. She was the daughter of Thomas Hastings, a revolutionary soldier, the fourth bearing that name in direct descent from Deacon Thomas Hastings, an immigrant from Ipswich, England, in the year 1634. Through the Thomas last named, the family lineage runs back to a younger brother of Sir Henry Hastings, Earl of Huntingdon. The family is one of the extremely few in England which can trace their pedigree so far even as the fourteenth century. But Hastings, one of the Cinque Portes, still shows the remains of its castle where William the Conqueror lodged before the decisive battle — that of Hastings, 1066 — which overthrew the Saxon dynasty. Already in the time of Alfred the Great (ninth century), a Danish Hastings had planted himself in Sussex. In 181 5, and on the same day with her husband, Mrs. Nutting made a public profession of faith in Christ. Under the pastoral care of Rev. Mr. Parsons, of Amherst, Massachusetts — who made large use of the Assembly's Shorter Catechism — the children were wont regularly to recite the answers in that compend. Nothing short of literal accuracy would satisfy the desires of the minister or the ambition of young catechumens. Questions and answers remained distinctly in Mrs. Nutting's memory to the last. As opportunity offered she would put her own 45© ELIOT MEMORIAL. children through the catechism, after they had themselves become parents and even grandparents. It was under the influence of that little formulary that her own character received its type. She showed Puritan loyalty to sound doctrine, law, and order — order in the family, the church, and society. She had a clear apprehension of the evan- gelical system of belief, and a hearty love of the same. Whatever was accepted as duty became a pleasure to her. In regard to secret prayer and the reading of God's Word, no thought seemed ever to enter her mind except to maintain constancy and find profitable enjoyment therein. Her memory was early stored with hymns. In later years, at the hour of evening twilight, it was still her delight to sing or repeat certain favorites, such as, " When to the west the sun descends," etc. For some scores of years, every night, after retiring to rest, she repeated the hymn, " And now another day has gone, I'll sing my Maker's praise," etc. She was always looking on the bright side of things. Grumbling is not a factor of longevity. During forty-five years of widowhood she maintained a cheerful walk with God. For children and children's children to the fifth generation, her memory is a richer legacy than any that could pass through the probate of^ce. Her seven daughters were born under the same roof, and married in the same room ; and they, as well as the two sons, HONORABLE WOMEN. 45 I were all living, and all had families at the time of her departure. 12. MRS. LUCY WATERMAN. The church had been formed only fourteen months when Mrs. Waterman, coming from New York, became a member (1836). It was in 181 2 that she first made public profession of faith in Christ. Her character and the esteem in which she was held are indicated by Reso- lutions which were adopted at the meeting that next pre- ceded her hundredth birthday : " Learning that the one hundredth anniversary of the birth of Mrs. Lucy Waterman, a revered and beloved mem- ber of this church, is expected to take place on the eighth instant, the brethren and sisters of the Eliot Church present at the regular meeting of this date gladly recognize the unusual event, and in token thereof heartily adopt the following minute : " That congratulations be conveyed to our venerable sister in Christ, in view of her attaining to this extreme age, and under circumstances so favorable ; that infirmities are so few, and that faculties of the mind have, in such measure, been preserved ; that she has never had occa- sion to follow to the grave any one of her children ; that the three sons are still living, and in their filial assidui- ties she has a gratifying share ; that the Word of God and prayer to God are still her delight and solace; that faith, hope, and charity have not waned, and that she still testifies to the faithfulness and abounding goodness of our covenant-keeping God; 452 ELIOT MEMORIAL. " That we contemplate with gratitude the evidence of a consistent Christian Hfe of four-score years, and of an exemplary walk and conversation for more than half a century in the membership of the Eliot Church ; and that we render thanks to the God of all grace for manifest special mercies to our sister during the whole period of one hundred years : " That we devoutly and affectionately commend her to the continued faithfulness of him who is the ancient of days, and whose word of unfailing promise is : ' Even to your old age I am he, and even to hoar hairs will I carry you : I have made and I will bear ; even I will carry and will deliver you.' " These were communicated to her on the anniversary, April 8, 1890. Two score of her friends went twenty- five miles to pay their respects to the venerable saint. It was noteworthy that all her children were also then pres- ent. Among the appropriate gifts at that time was a collection of one hundred texts of sacred Scripture, which she would prize more than so many jewels. She put on her glasses and read aloud a part of the fourteenth chap- ter of John's gospel. " Rock of Ages, cleft for me," and "Jesus, lover of my soul," two of her favorite hymns, were sung. Over a year and a half after that occasion, in the fifty-sixth year of her fellowship with this church, and in her one hundred and second year of age, Mrs. Waterman entered into rest, Sunday, November 15, 1891. She be- HONORABLE WOMEN. 453 longed to a family in which there has been a good deal of longevity. One of her grandfathers lived eighty-four years, and his wife ninety-two years ; a brother attained to the age of eighty-nine ; one sister to the age of ninety, and another sister, whose death was caused by accident, to the age of ninety-seven. Mrs. Waterman's maiden name was Sturtevant, and she was of the Plymouth County stock, from which have come prominent men, and men of decided Christian char- acter. One of them was Dr. Julian M. Sturtevant, a Pro- fessor and afterwards President of Illinois College. 13. Miss SUSAN WESSON. Miss Wesson belonged to a large family characterized by native refinement, modesty, sobriety, and conscientious- ness. The father, William Wesson, born in England, came to this country in early life and was a prosperous man. For some years he lived in Boston ; but removing to Cambridge in 1802, he made purchases of land and built a large three-story house. College students became inmates of the family. The daughter Susan was born July 23, 1797. Of the nine children in her father's family — three of whom died before reaching adult years — no one was ever married. The brother William, it is understood, became engaged ; but having met with losses, which included his mother's property, he deemed it a duty to devote himself to the maintenance of her and of his surviving sisters. Honorable sentiments always con- 454 ELIOT MEMORIAL. trolled him. There was said to be property in the south of England, to which the family were entitled. On the mother's side there was a prominent merchant and ship- owner in Boston ; and, but for the loss of documentary evidence the family estate might have been benefited by redress through the " French Spoliation " claims. The mother of Miss Wesson, and her brother, Wil- liam Marshall Wesson, joined the Eliot Church by letter of recommendation from the Pine Street Church, Boston, in the year 1857. The mother, a women of unusual dignity, amiability, and Christian gentleness, died the next year. " Father Cleveland," so called and well known in Boston, long time a friend of the family, was at the funeral, being then well on toward one hundred years of age. Miss Wesson had not made public profession of faith in Christ prior to the year named above, when she, too, became a member of the church. She had already in- dulged a Christian hope for twenty- five years. Her re- ligious life was not demonstrative, but quiet, such as might be expected from native temperament, family habits, and the general domestic atmosphere. On her one hun- dredth birthday (1897) ^^e seemed not to have failed very sensibly during the past year. She spoke of her interest in the Eliot Church, her prayers for that and for friends, her love of the Bible, and of the comfort derived from sacred hymns. She repeated three stanzas of one among her favorites. It was no common spectacle to look upon HONORABLE WOMEN. 455 the white hairs of one born while Washington was still living, and at a time of universal excitement in the civil- ized world, when Napoleonic wars were raging, thrones demolished, and new governments established, to see her sitting now, after a century's experience, in her solitary- home, whence the family were all departed, meditating on Christ's gracious mediation and the church redeemed by his precious blood. The last time that I called on her she spoke of her desire to sing, to sing with the great choir. It was natural to repeat to her, " And I heard a voice of many angels round about the throne, and the living creatures and the elders ; and the number of them was ten thousand times ten thousand, and thousands of thou- sands, saying with a great voice. Worthy is the Lamb that hath been slain to receive the power, and riches, and wisdom, and might, and honor, and glory, and bless- ing." November 30, 1897, ^t the age of one hundred years, four months and seven days, she joined the great choir. In the family lot at Mount Hope Cemetery there have been numerous interments, and all of persons who were over three-score and ten years of age. ministers' wives. There is occasion to speak of ministers' wives. The wives of American clergymen have, as a class, been among the finest endowed, best educated, and most ex- emplary of American women. Their position in Colonial, 456 ELIOT MEMORIAL. Revolutionary, and later times has been one of special delicacy and responsibility, besides being often one of peculiar trial. In their straitened circumstances and feeble health, not a few have belonged to the noble army of martyrs. Seldom have they become wandering stars. They have been keepers at home, skillful in domestic concerns. By their culture, their gentleness, suavity, and dignity, their influence has been marked in moulding and elevating the character of parishes. There is no pro- fession, no occupation in which the wise suggestions and warm sympathies of a wife are more needed. Imagine for a moment that Roman Catholic celibacy had pre- vailed here, and what a different aspect would our fair heritage have presented ! 14. MRS. ELIZA HILL ANDERSON. Twelve years have passed since Mrs. Anderson left us (March, 1888), and yet she can never wholly leave us. The Eliot Church will always have occasion to give thanks for the life and labors here of such Priscillas and Marys. Mrs. Anderson's membership with us covered more than half a century (1836-1888); her entire term of public Christian confession approached seventy years. In her ancestry there was a fair measure of longevity, through five generations on the father's side to John Hill (1600); and on the mother's side through six generations to Rich- ard Carpenter, born in England (1593). It was at a little short of four-score and four years that Dr. Anderson HONORABLE WOMEN. 457 took leave of us early one morning ; a little past four- score and four Mrs. Anderson took her leave just at sunset. Her life from girlhood in Catskill, New York, was marked by unfailing modesty, conscientiousness, and quiet decision of character. Although only eight years old when her mother died, she had received a maternal im- press which remained in clear outline through life. For example, her ministry of neighborhood kindness began very early, and continued to the last. The Bible became to her the book of books. Chapters were treasured in the memory ; so were hymns, a store which amounted at length to hundreds. Habits of industry, order, and accuracy were formed. When a little girl at school she stood at the head of her class in spelling, and as a re- ward of merit — present juvenile literature will look down in amazement from its crowded shelves — she received a copy of Washington's Farewell Address ! In early womanhood her firm adherence to what is risht was not inferior to that of the father of his country. While visiting in the family of a distinguished Commodore of the United States Navy she was invited to attend the theater, the Commodore arguing that it is well to go once in order to see what it is. Eliza Hill declined and never regretted the decision. At sixteen Dr. Anderson taught a public school ; at sixteen Mrs. Anderson also became a teacher. While connected with a young ladies' school in New Haven 458 ELIOT MEMORIAL. she had among her pupils some who came to prominent positions — Mrs. President Porter, Mrs. Dr. Buckingham of Springfield, Mrs. Dr. Bond of Norwich, Mrs. Dr. Krebbs of New York, Mrs. Professor Park of Andover, and Mrs. Commodore Foote. Fondness and aptness for teaching continued to the last. At the age of eighty-two she carried two granddaughters through a course in moral philosophy with interest and profit. Preparation for special auxiliary service in the cause of foreign missions began in a very natural way. She w^as early an inmate in the family of Rev. Dr. David Por- ter of Catskill, a man deeply interested in that cause, at whose house she became acquainted with such men as Samuel J. Mills, Drs. Cornelius and Goodell, Horatio Bardwell of the Marathi Mission, and Cyrus Kingsbury of the Choctaw Mission. In the family of a brother, Henry Hill, treasurer of the American Board, she began acquaintance with Boston next door to that of Jeremiah Evarts. Mrs. Anderson's married life was one of cheerful self- sacrifice. It involved three long absences of her hus- band on foreign deputations ; it involved the need of most provident management in household administrations, upon an inadequate income. A golden mean was maintained between running in debt on the one hand, and niggard parsimony on the other. In welcoming guests nothing was overdone. Hospitality was most abundant, especially in behalf of departing and returning missionaries. Per- HONORABLE WOMEN. 459 sonal assistance in outfit and refit were bestowed, and often at no small personal inconvenience. Not infre- quently did she leave a sick bed to minister to some newly-arrived laborer from beyond sea. The heads of the family sometimes had to betake themselves to an attic chamber to make room for unexpected arrivals, and such were often unexpected at any given time. Probably no other house on this continent ever entertained so many guests of that class. The earliest in the long list were Mr. and Mrs. Levi Spaulding of Ceylon. The apostolic Daniel Temple was another. The saintly David Stoddard and Fidelia Fiske were among them. During the first ten months of a certain year one hun- dred and fourteen different missionaries and their friends were entertained for a longer or shorter time. Upon careful inquiry I am satisfied that for the thirty-nine years of Dr. Anderson's service as secretary, and while at housekeeping, the average of hospitality that year was only about the average for the whole period. At the Jubilee visit (i860) there were sixty-eight present; the Lord's prayer was repeated in twenty different languages, and a hymn was sung simultaneously in numerous tongues. Through these years Mrs. Anderson kept up a wide correspondence, foreign as well as domestic. Her con- tributions to a religious journal, over the signature of Beulah, sundry obituary notices, besides short essays in the Missionary Herald and Life and Light, are in style and sentiment unadorned, clear, and pertinent. So is an 460 ELIOT MEMORIAL. Address to Hawaiian Women after a visit to the Sandwich Islands, and published in the language of those Islands. Her Memorial of Susan Maria Underwood, a deceased member of this church, had the same characteristics. Similar, too, is the Memoir of Mary Lathrop, of which in the German language I lighted on a copy when travel- ing in Switzerland a few years since. Today it is doing good service in the Ottoman Empire, having passed through several editions in both the Turkish and Arme- nian languages. But did foreign missions absorb thought and effort? If in the Eliot Church there was any one more ready for local Christian activity during my pastorate, I have yet to learn the name. The busiest woman with orderly habits is the one most ready for service outside of her special sphere. Queen Victoria, though monarch of Great Britain and Empress of India, finds time to be president of a Bible Society in Berkshire, the county that includes Windsor Castle. Mrs. Anderson enjoyed a fixed and all-sustaining assurance of the Saviour's presence, and gracious readiness to do all that could be desired. Forty years before her decease she told me that death would be no surprise to her at any hour. In the course of a prolonged sickness, the year preceding that event, she said to a grand- daughter, " I would have our Saviour depicted as Mr. Greatheart, standing at the entrance of a building or enclosure, and close by a little, white, trembling lamb ; HONORABLE WOMEN. 46 1 but Mr, Greatheart is very near." Her closing testimony ran thus : " Why, I feel as if Christ were right here ! I am not alone." 15. MRS. SARAH ELIZABETH R. PECK. It was peculiarly gratifying to the writer that a daughter of my father's first pastor, the Rev. Asahel Hooker, should join our congregation. She brought her two daughters, though only the youngest of them, Sarah Edwards, became a uniform worshiper with us. This daughter, a young woman of rare excellence of character, who professed to have been much benefited by ministra- tions at the Eliot Church, became, as Mrs. Winans, a highly valued resident of Rochester, New York, where, owing to progressive paralysis, she departed this life three years since (July 6, 1897). ^t^^- Peck's mother, Phebe Edwards, was a granddaughter of President Jonathan Ed- wards, the celebrated theologian ; while Mr. Hooker was a descendant in the fifth generation from Thomas Hooker, well known as the first minister of the first church in Hartford, Connecticut. At Norwich Mrs. Peck attended the school of Miss Lydia Huntley, afterwards Mrs. Sig- ourney, the poet, and in 1826 she married the Rev. Solo- mon Peck, D.D. At sixteen Dr. Peck was graduated from Brown University; at eighteen he was a tutor; later, Professor of Latin in Amherst College ; but was more widely known as Corresponding Secretary of Foreign Mis- sions of the Baptist Union. After the Civil War Mrs. 462 ELIOT MEMORIAL. Peck accompanied her husband to Beaufort, South Caro- lina, and engaged in Christian work among the freedmen. Later he held useful positions here at the North. Dr. Peck was a scholarly man, a man of culture, refinement, and gentlemanliness, as well as of superior executive abil- ity. The captiousness of a few missionaries, and the per- tinacious misapprehension of their sympathizers, occasioned a severe trial, and at the same time gave occasion for the exercise of an unusual and most noble Christian forbear- ance on his part. As Dr. Peck belonged to a different religious denom- ination, it was appropriate that Mrs. Peck should chiefly identify herself with the same, rather than to become con- spicuous in a connection which attracted her on the score of ancestral interest and original convictions. After a widowhood of seven years she died under the roof of her son-in-law, the Rev. Dr. Stanger, then at Cincinnati. With firm reliance on the sacrificial merits and high- priestly intercession of Jesus Christ, she sang with others, in her last sickness, such favorite hymns as, " Rock of ages," " My faith looks up to thee," " To Jesus, the crown of my hope." WIDOWS OF MINISTERS. The proportion of widows in the congregation and their absolute number were large. It was a noticeable circumstance that at one time there should be five widows of ministers who died young — Mrs. Maria Grozer Pack- HONORABLE WOMEN. 463 ard, Mrs. Adeline Grozer McGeoch, Mrs. Margaret Cod- man Peabody, Mrs. Bradford Homer, and Mrs. Maria Rea Dexter. There were two whose husbands had been ph3^si- cians — one the widow of Dr. Fiske of Worcester, and one the widow of Dr. Adams, formerly of Bath, Maine. The latter belonged to a group of thirteen children, and was herself the mother of thirteen. She died March lo, 1857, i"^ ^^^ eighty-seventh year. This suggests that not a few of the class now referred to lived to a good old age — Mrs. Ballister, eighty-four (died June, 1845); Mrs. Anna Williams (died November, 1855), aged eighty-nine and some months; Mrs. Susan Elms, a member of the Old South (died February, 1856), aged eighty-four; Miss Abigail Prentiss (died February, 1858), aged eighty-seven; Mrs. T. K. Thomas (died December, 1858), aged eighty, and Mrs. Mary H. Waugh, at the same age ; Mrs. Eleanor V. Ames (died January, 1859), aged eighty years and eleven months; Mrs. L. Williams (died Sep- tember, i860), aged eighty-one; Miss Abigail Seaver (died December, 1861), aged eighty-six; Miss Lydia Prentiss (died March, 1863), aged eighty-four; Mrs. Lydia G. Towne, the mother of Rev. Dr. Joseph Towne (died September, 1863), aged eighty-two; Miss Hannah Grozer (died July, 1864), aged eighty-eight; Mrs. Sarah Gush- ing (died July, 1864), aged eighty; Mrs. Rising (died August, 1865), aged eighty-four; Mrs. Sarah Jewett (died January, 1867), aged eighty-five; Mrs. Frances Rupp (died March, 1867), aged eighty-two; Mrs. Simmons (died 464 ELIOT MEMORIAL. April, 1867), aged ninety. Besides these there were others whose names appear elsewhere. There were some whose bereavement was intensified by circumstances peculiarly trying, as Mrs. Birchmore. Her husband belonging to the navy was lost in the gulf of Mexico ; and another whose widowhood began in a way yet more heart-rending. There were those whose term of loneliness extended to thirty, forty, and even fifty years. It is fitting that particular mention should be made of those who, in comparatively advanced years, be- came the widows of ministers. 16. MRS. MARY CODMAN. After the death of the Rev. Dr. John Codman at the age of sixty-five years, his widow became an inmate in the family of her brother, Mr. Ebenezer Wheelwright, who was a member of the Eliot Church. Ten years later (April, 1857), ^"d ^t the same age as her revered husband, she joined the family on high. From her fourteenth year she had indulged the hope of being a regenerate child of God. The great spiritual crisis — the most important that any human being experiences, death and the resur- rection not excepted — took place at Bradford Academy, the same season with two young friends of hers, Harriet Newell, who found an early missionary grave in the Isle of France, and Anne Hasseltine Judson, the heroine of Rangoon, who sleeps alone under the shade of a Hopea tree in Burmah. Mrs. Codman was their peer in natural HONORABLE WOMEN. 465 endowments, and in the noble specialty of Christian de- votedness. Richard Baxter writes : " Ought a clergyman to marr)- ? Yes; but let him think, and think, and think again before he does it." Dr. Codman did that, and after four years of pastoral labor he introduced to the good people of the Second Church, Dorchester, one who proved eminently his helper and theirs also. Every pastor's wife is a help or hindrance to him. There is not in the land — neither at the Capitol of the nation nor elsewhere — a female position more honorable or responsible than hers. If by wise domestic counsel and the perennial flow of Christian cheerfulness and well-directed cooperation she fill her ap- propriate sphere, then do pastor and parish owe her a debt which words can but imperfectly express. In this case there came a youthful bride, matronly yet affable, spiritually minded, and ready to enter at once into coop- erative labors with her husband. And so she continued, active in the female prayer meetings, the Maternal Associa- tion, distributing religious books, with encouraging words to children and youth, sympathizing with the afflicted, watching with the sick, more, perhaps, than any other indi- vidual in the parish. In her were combined to an unusual degree dignity with grace, sensibilities delicate but not fastidious ; firmness that was yet attractively feminine, and strength of mind without the masculine element. Bal- anced energy, refinement, quick and quiet good sense were grouped in rare congruity. " Man is no hypocrite 466 ELIOT MEMORIAL. in his pleasures," was a frequent saying of hers. She delighted in the Assembly's Shorter Catechism, Baxter s Sainis Rest, and such spiritual songs as those cunning artificers of sweet rhythm' and rich Christian sentiment, Watts and Doddridge, Cowper and Montgomery, composed. But her chief delight was in the Holy Scriptures, large portions of which were hid in her heart. Among favorite, never-tiring chapters was the fourteenth of John's gospel, and especially in her closing years, till the summons of the last verse came, " Arise, let us go hence." 17. MRS. MARTHA VINAL HOOKER. Our neighboring Charlestown was Mrs. Hooker's birth- place, April 27, 1806. Her father having died the next year, the family of a beloved aunt in Boston became her home. Under the ministry of Dr. Sereno E. Dwight she joined Park Street Church when sixteen years of age, and was at that time its youngest member. Academic train- ing was enjoyed in the excellent schools of Rev. Joseph Emerson at Saugus, and that of Miss Z. P. Grant at Derry, New Hampshire. In 1827 she married Rev. Henry B. Hooker, then pastor at Lanesborough, Massachusetts. Ten years later Dr. Hooker became pastor of the First Church, Falmouth, where he remained till called to the sec- retaryship of the Massachusetts Home Missionary Society (1858), when the family removed to Boston. The good people of Falmouth pronounce Mrs. Hooker a model minister's wife. She was greatly interested in HONORABLE WOMEN. 467 the Maternal Association, and had highly valued Sunday School classes of young ladies. She contributed articles to the Sunday School papers, and to the American Messenger. The young people had a large and constant share in her kind regards. She formed them into mission bands, and strove in various ways to promote their mental and spirit- ual culture. Many testimonies have reached me from those who came under her immediate influence, in regard to her tact and her happy ways. During the thirty-five years after residence in Falmouth ceased, her frequent summer visits to that place served to keep alive the most cordial relations, and her memory is fragrant there. Twelve years of widowhood were appointed to Mrs, Hooker. The morning of her last day on earth came clear and calm outwardly, yet not more so than within the chamber of quietness whence for eight months she had not been able to go below stairs. The window of that upper room looked toward the rising sun, and her hand had been a good while on the latch of another door, which at length opened inward. Her pilgrimage of eighty- seven and a half years was finished. 18. MRS. LUCY GILPATRICK MARSH. The Eliot City Mission Society — a society inde- pendent of the one in Boston — was greatly favored in the agents whom it employed. In no case was this more strikingly true than that of Mrs. Marsh. From the hour of conversion at twenty years of age, onward till the hour 468 ELIOT MEMORIAL. of death, in June, 1868, she seemed to be actuated by the genuine missionary spirit. The chief reason for her leav- ing the home of childhood in Biddeford, Maine, was the opposition of family friends to her Christian activity. On returning home to minister to an aged mother, she had occasion to rejoice over the conversion of that parent when approaching three-score and ten. Afterwards, under the same circumstances, she was cheered by the hope of her father's conversion at near four-score. During a ten months' visit at Biddeford she established a female prayer meeting and several conversions followed. She also in the midst of much opposition gathered a Sunday School, and carried fuel in her own arms to the schoolhouse to make it comfortable for the hour of meeting. Returning to this city Mrs. Marsh became the inde- fatigable matron of a reformatory institution; attended the prayer meetings of the church to which she belonged, each of them preceded by a preparatory devotional meet- ing ; and in addition to the regular Sunday School ser- vice, she once a week taught a class of colored children, spending Saturday afternoons in visiting its members, besides paying weekly visits to the inmates in the House of Correction. As the wife of Rev. Christopher Marsh of West Roxbury her life was still that of a missionary laboring in the byways for miles around. Owing in no small measure to her self-denying and energetic efforts, a place of worship was built, for which, as also for the communion service, she solicited funds. There, too, she HONORABLE WOMEN. 469 gathered a female prayer meeting and a meeting for mothers, both of which she sustained almost unaided. The Sunday School also was her creation and for a time was superintended by her. After the death of Mr. Marsh, whose last pastorate was at Sanford, Maine, Mrs. Marsh began work here (September, 1861) as missionary, and the next year joined the Eliot Church. Singular devotedness, fidelity and good judgment marked her whole ministry. The pastor re- garded her less as a parishioner than a colleague, his senior in age, a model of wise, earnest, and harmonious cooperation. She mentioned to a friend that this passage was her daily resting-place, " Be careful for nothing." Of nothing that pertained to herself — ease, strength or health — was she careful. To the welfare of the poor and those spiritually perishing she devoted herself wholly. A Bible class in the Mission Sunday School, a mothers' meeting and two weekly prayer meetings were only a part of her steady occupation. A sewing school was one favorite method of usefulness, and her coming was always the signal for the brightening of faces. Visiting from house to house with prayer and the name of Jesus on her lips occupied the larger part of her time. Those seven years of labor in Roxbury were performed after Mrs. Marsh had reached her seventieth year. Such in- dustry is therefore all the more noteworthy. The record of her last twelvemonth showed that, besides being the almoner of various comforts and delicacies for the sick 47° ELIOT MEMORIAL. and destitute, she distributed more than one thousand and two hundred garments and other articles among the needy ; more than two thousand rehgious tracts, papers, and books, and made rising of three thousand visits, which, owing to lameness, was a number less by one thousand than that of the year previous. Did she ever recount her labors and successes with a tinge of vanity? Far otherwise. We have noticed that it is the lisfht ears of grain which hold their heads high and wave about most freely. This noble woman was a branch of the vine so laden with fruit as to hang low ; she was clothed with humility. The concurrent testimony of those associated intimately with Mrs. Marsh was that they found no flaw in her and could find no fault with her. Dr. Rufus An- derson, who had known her for nearly fifty years, wrote that she filled her various responsible positions " with the unbounded confidence of those who knew her, in her ability, integrity, and devotedness to the cause of her Redeemer, and in her unwearied efforts for the salvation of those placed under her care." Another friend, an acquaintance of forty years, stated, " I never knew Mrs. Marsh lukewarm, or with a cold heart. Her life has been a chain of well-doing all along without one breakage." Her funeral was from the Eliot Church, June 22, 1868. 19. MRS. SARAH COLLINS PORTER. Mrs. Porter, a daughter of Rev. Daniel Collins, was born in Lanesborough, December 26, 1767. Her father HONORABLE WOMEN. 47 1 after being pastor — and the first pastor of the church in that place — for nearly sixty years, died in his eighty-fifth year. During the latter part of his ministry' he had the assistance of colleagues ; and Dr. Henry B. Hooker was one of his successors in the pastorate of the church. Mrs. Porter, upon the decease of her husband, Dr. David Porter of Catskill, came to the home of Mrs. Henry Hill in Roxbury, who was then her only sur\nving child. At length a sudden and fatal stroke of apoplexy removed this devoted daughter. Mrs. Dr. Anderson, the sister of Mr. Hill, then gladly received Mrs. Porter, and it was a gratifying providence that gave her the oppor- tunity once more to take the place of daughter to one who had been a mother to her in early semi-orphanage. Mrs. Porter had become blind and bedridden. In the days of former health and strength she was a woman of commanding dignity and of winning gentleness. It was only in the closing years that I had the pleasure of per- sonal acquaintance with her, and largely profitable was that acquaintance. No allusion to infirmities or other trials brought out any response except that of perfect Christian resignation and of thankfulness for mercies. One favorite utterance was, " God's government is a good government to live under." Speak of accidents in the outside world, and she would say: "How many are the mercies I have ! I am kept in great safety. I receive no injuries." When the Sunday morning bell rang she would invariably draw a handkerchief over her sightless 472 ELIOT MEMORIAL. eyes, with the remark, " I am now going to meeting," and in the silence of her chamber she would reverently accom- pany worshipers in the sanctuary through the several parts of divine service. Speak of the Sabbath on high, and she would reply, " Oh, yes ! it is heaven to be where Christ is, and where no sin is." It always seemed to me on retiring from her room that I was leaving the confines of heaven, an atmosphere of holy calm, of saintly cheerful- ness. The bright and blissful presence of unseen angels seemed to gather in quiet ministry around one who was awed, penetrated, and transformed by their presence. CHAPTER XXX. CHILDREN. I. CARING FOR THE YOUNG. " The care of the lambs," said John Eliot, " is one- third part of the charge over the Church of God." The ratio of thoughtful interest in children and of gratifying results has not been less in the Eliot Church than that esti- mate of Eliot. Very suggestive is the fact that our Lord at his incarnation took the humblest level as to age ; that as to condition there was no room for him in the inn ; that a special invitation from him should be addressed, not to the aged, but to little children ; that he was pecu- liarly gratified to hear children in the temple saying, " Hosanna to the Son of David," and that after his resur- rection and on the eve of ascension to glory, the Great Shepherd gave a parting order, " Feed my lambs." By personal experience Jesus Christ knows the heart of child- hood. Never by word or example did he discredit the sacred precincts of home, or a father's household pastor- ship. In the domestic circle there are duties which can neither be suitably remitted nor transferred. Its claims are prior, special, and paramount. Of my own publications the one most widely used by parents and others is the little catechism, entitled " Lambs Fed." Many thousands have been called for in this country ; and Dr. Henry Bal- 474 ELIOT MEMORIAL. lantine of Ahmednagar informed me (1854) that two translations had been made into Marathi, one of which was extensively used in the Bombay presidency. 2. EARLY PIETY. There has been a thought, not infrequent, that early piety betokens early death. Decided conscientiousness and a devotional habit on the part of a child have often called forth the remark, " Not long for this world." But Moses, and Samuel, and Timothy did not die young. What period of church history has there been without furnishing proof that godliness is profitable for all things, having promise of the life that now is, from its first years onward to a high longevity? Memorable was the case of Polycarp, who in the first Christian century suffered martyrdom at ninety-five years of age, declaring that he had served Christ for eighty-six years. John Wesley, who was a communicant at the age of eight, said toward the close of his career, " Eighty-seven years I have so- journed on the earth, endeavoring to do good." Lady Huntingdon, so well known for her high rank and Christian excellence, became deeply anxious regarding her spiritual welfare at nine years of age, and thence on- ward led a decidedly religious life till over four-score. Phebe Bartlett, of whom President Edwards gives a de- tailed sketch, was a convert at four years of age, during the revival of 1735 in Northampton, and she lived be- yond three-score and ten. Her heavenly conversation, EARLY PIETY. 475 her calm trust in the Saviour, led to the conversion of her grandson, then a youth, the late Dr. Justin Edwards. But what need is there of multiplying examples here, while every day's observation furnishes them ? It is one of the gratifying features of the nineteenth century that it has witnessed increasing attention to the religious welfare of the young, and an increasing hopeful- ness in regard to early conversions. True, the previous century showed more or less of the same interest. Presi- dent Edwards, in his Thoughts on the Revival of Religion in 1740, remarks, " Very many little children have been re- markably enlightened, and their hearts wonderfully affected," etc. Still farther back, in the " Narrative of Conversions," during the revival of 1735, he remarks: "It has hereto- fore been looked on as a strange thing when any have seemed to be savingly wrought upon and remarkably changed in their childhood. But now I suppose that in Northampton near thirty were, to appearance, savingly wrought upon between ten and fourteen years of age; two between nine and ten, and one of about four years of age." David Brainerd tells us that among the Indians where he labored, children not more than six or seven years old were deeply affected by evangelical truth. Dr. Porter of Andover, in a Letter on Revivals of Religioji about the commencement of the present century, says, " Very young children were often deeply impressed, and in many instances continued to give evidence of a saving change of heart." If there were more familiarity with 476 ELIOT MEMORIAL. such facts in the annals of the past, there would be less occasion to make such citations here. The practice of preaching specially to the young has grown greatly in late years. Such discourses, when of the right stamp, are usually profitable to adults. I have never known of a sermon designed particularly for children being blessed to the conversion of any of them. Sermons in the right key and style, delivered without having them distinctly in mind, often impress them. Not a few in- stances of that kind have become known in my own min- istry. Religious biography abounds in the same. Matthew Henry, the excellent pastor and commentator, at ten years of age heard a sermon, "that," says he, "melted me." At about the same age the celebrated Dr. Gill was thoroughly convinced of his great sinfulness and need of a Saviour by a discourse from the words, " Where art thou ? " Dr. Edward Payson, when only three years old, was known to weep under the preaching of the gospel. What faithful and wise pastor has not taken note of the same thing.? Early piety will be the piety of childhood — children's penitence, faith, and love. When due evidence exists, ad- mission to church ordinances is their privilege. It is not affirmed that no caution should be exercised, but surely little ones may now, with the spirit and with the under- standing, sing hosannas to the Son of David in his tem- ple, and also partake of the paschal supper. Only there is praise perfected. Highest symmetry and vigor of Christian character are to be expected only when, other EARLY DEATHS. 477 things equal, conversion takes place in childhood. The glaring defects and deformities of Christian character often witnessed among religious people would be less frequent if young feet were oftener turned unto Wisdom's ways. Upon a review of the cases of early membership in the Eliot Church prior to 187 1, I am satisfied that the aver- age of later developments was, to say the least, as satis- factory as that of adults. Mrs. Susan Huntington, a descendant of John Eliot, and wife of a former pastor of the Old South Church, Boston, chose God for her portion at five. There have apparently been such instances here. Harriet Newell, the missionary, was a convert at nine, and a glorified saint at nineteen ; and some of our young women remind us of her. 3. EARLY DEATHS. Fully one-half of those born into this world die in infancy. I know of nothing so pathetic and so mysterious as the remains of a little one, beautiful yet cold, lying in its casket ready for interment. The dainty little shroud envelops something that seemed designed for life, for growth, for great and prolonged activities here below. There is a strange suggestiveness about the little toys and little shoes that are laid away so carefully. " Not dead but sleepeth." A rose of Sharon once opened in a tiny hand as it lay on the bosom in the cofiin. It was a specimen and a symbol of beautiful development. That which escaped from such precious remains is no less truly 478 ELIOT MEMORIAL. immortal than if there had been an earthly career of three-score and ten years. The third funeral which I had occasion to attend as pastor was that of a young child, and such continued to be the proportion for thirty years. Over one hundred and fifty times were the fountains of tears opened on beholding the closed eyes of young sleepers who had not lived more than four years, and a majority of them only a briefer period. The sensibili- ties of a pastor will be all the more lively if he has had personal experience of such bereavement. It was early in my ministry that an infant of eleven months died in my arms, and it seemed as if I placed her immediately in the hands of Him who saith " Suffer the little children to come unto me." Up to that moment heaven had never seemed so near, nor its gate of pearl so plainly open. Those tiny feet will never go astray there, nor will those lips utter an untruth. Reacting benefits to parents similarly situated have been noticed. The loss of a child has often proved the gain of a parent. Sending an envoy forward has drawn thought and heart upward. While tears have rained upon a hallowed spot in the cemetery, the bow of promise has stood forth brightly. It is not Rachel's weeping but her refusal to be comforted that merits chiding. She fails to consider what an honor it is to be thus repre- sented on high, what a favor it is to have one's children trained in a family so superior, so much safer than any household here ; how much faster the advance in knowl- OUR YOUNG SAINTS. 479 edge and holiness there than under the most favorable conditions on earth ! In the Loyalty Islands it has been a custom to kill the mother or some near relative of a deceased child, that it may not be a forsaken wan- derer in another world. We long to send word to such pagans how ample and tender is the care of little ones in heaven ; how the merits and mediation of Jesus Christ secure them a place there, as we believe ; how our Lord delights to have them around him, otherwise more than half the inhabitants of that world would not be fruits of early dying. " Weep not when ye tell the story Of the dead ; ' Tis a sunbeam joined the glory Overhead ! ' For of such sweet babes is heaven,' Jesus said." Regarding such as died before reaching their twelfth year, and without joining the visible church, limitations of space will admit of only two or three examples. 4. OUR YOUNG SAINTS. (a) John Eliot Bowles was a conscientious boy, fond of his BiWe, regular in his devotions, and ready to make confession when he had done wrong. The twenty-third Psalm was a favorite with him, and also the hymn, " Rock of Ages, cleft for me, Let me hide myself in thee." 480 ELIOT MEMORIAL. One day in February, 1853, when the dinner gong struck, he started a little in advance of the family, and in sliding down on the balustrade lost his balance and fell, his head striking on the marble floor. In the fall one scream was heard, but he did not breathe again. One minute in the land of the livino-, the next in the world of spirits. When this was announced to the Sunday School, all hearts stood still for a moment. {d) Guy Richards was another lad of the same age, ten years, as John E. Bowles, but the circumstances of departure were different. It was after six months of suf- fering, months, however, of uncomplaining, quiet endurance. For several weeks he had not been able to recline even for a moment, and kept a sitting posture all the while. For a time he was much troubled with a sense of sinful- ness, but an intelligent trust in the Saviour brought peace at length, "Christ comforts me," he would say. In reply to words of affection, and grief at parting with him, he replied, " But you have Jesus." Heaven seemed attractive to him chiefly because Christ was there. When the hymn, " There is a fountain," was sung, and the stanza, " Dear, dying Lamb, thy precious blood " was commenced, a sweet smile came over his face, and so he left us. That was in November, 1858. {c) Frances Elizabeth Murke. It was in the autumn of 1857 that this dear child of only five summers was OUR YOUNG SAINTS. 48 1 taken from us. Her parents were both of foreign nativity, one coming from Norway, the other from Scotland. Fanny was a noticeably dutiful girl, a member of the infant class in the Sunday School, prompt to learn texts of Scripture, and verses of sacred poetry. She was re- markably conscientious, and seemed to have habitually a glad sense of God's presence. In her last sickness she sang favorite hymns, so far as labored breathing would allow. Before sickness came on she often spoke of heaven, and of going to be with Jesus, and would ask questions like this, " What do they do there ? " Her thoughts ran on this line, "Jesus took little children in his arms; he will take me, too." Shortly before breathing her last she sang: " Mighty God, while angels bless thee, May an infant sing thy praise? Lord of all in earth and heaven, Let us now our voices raise, Hallelujah ! Hallelujah ! Praise the Lord ! " As her father stood weeping over her, she said, " Don't cry, papa ; Fanny is going to heaven ; Fanny is going to Jesus." And so she went, we believe, just at early dawn of a Lord's Day morning. These hosannas to Christ on earth are preparatory, no doubt, to hosannas in heaven. When the golden bowl of young life here is broken, and the silver cord loosed, then comes the harp of gold never to be unstrung. Ran- somed children form a large part of the choir of heaven. ELIOT MEMORIAL. It is not designed to make the impression that our children were all sweet little cherubs, even when expect- ing immediate departure. A girl of ten summers, sick beyond any thought of recovery, continued petulant. In the midst of excruciating pain she exclaimed, " Mother, I am dying, good-by ! " " O, my dear," said the mother, " I can hardly think you are dying." " Well, I am dying, and I think it is real ugly in you not to bid me good-by." She recovered, and retained more or less of the por- cupine. But it was a beautiful good-by that a dear German boy, who had been long wasting with consump- tion, gave just as articulation failed. " I am not dying," said he to his father ; " I am going to Jesus." In her last moments little Caroline was trying to explain to her deaf-mute father that she was going to a better home ; but in spelling out " beautiful home " with her fingers, her hand fell pulseless on the pillow. The aunt of a young girl, who had only a minute or two remaining, began to repeat to the child, " Jesus said, suffer the little children to come unto me " — but choking with emotion, could go no farther. The young sufferer then added, " For of such " — and with that her breath and life were gone. Intensely pathetic scenes and utterances crowd upon recollection. At the funeral of a precious lad (1869) thirty of his schoolmates stood round the casket, all of them in tears. At the funeral of a young lady, whose features were peculiarly pleasing, her little cousin, who had never OUR YOUNG SAINTS. 483 before seen a corpse, after gazing a few minutes, said aloud, " Mama, are all angels so beautiful ? " Very touch- ing it was to see an affectionate German child, not yet two years old, trying to find her deceased father. She pulled away a pillow ; then looked under the bed, and could be pacified only when taken to the casket, where, kissing the cold lips, she shrank back and cried aloud. CHAPTER XXXI. EPILOGUE. I. Harmony amidst diversity will impress any one upon a glance at the period which has been under review. There were elements in the church suggestive of anything but homogeniousness. At one point in the pastorate — it was in the twenty-first year — the writer found that Hindustan, Africa, the West Indies, Nor- way, Sweden, and Wales, had each sent us two mem- bers; the Sandwich Islands, three members; Germany, eight; Ireland, eleven; England, twelve; the British Provinces, twenty; and Scotland, twenty-four. More than a hundred, or one in six of the whole number (637) were born elsewhere than in the United States. These and other differences could hardly fail to be noticed on occasions when groups of converts were welcomed to our fellowship. In one instance the four had their birth respectively in Massachusetts, Scotland, Germany, and Syria. In another instance, out of five, three were from as many different states of our Union, one from India, and one from Hawaii. Previous eccle- siastical affinities of those coming by letter, or on first confession of faith, were various — Baptist, Freewill Baptist, Methodist, German Methodist, English Inde- pendents, Episcopalian, Presbyterian, Lutheran, Dutch EPILOGUE. 485 Reformed, and Associate Reformed. On the score of age there were wide differences. Limiting our view to converts who presented themselves for public assent to the Articles of Faith and the Church Covenant, fully one-half were minors — one being ten years of age ; two, twelve years of age ; four, thirteen ; ten, four- teen ; fifteen were fifteen ; while nineteen had reached their seventeenth year. Of those young friends eighteen had been baptized in infancy by myself. For the remaining period till 187 1, these various proportions appear to have been substantially the same, though the ratio of native-American birth and other points of coincidence were steadily increasing. Upon first thought it might seem that a body thus formed would be only a loose aggregation ; that elective affinity must surely run lines of separation, resolving the constituents into groups according to nationality, political affinity, grade of culture, valuation in the assessors' books ; that cabals, coteries, cliques were inevitable, and inevitably accompanied by jealousies and grudges. Whereas nothing of the kind appeared. Three or four crotchety individuals have been referred to; but being at most only one in a hundred, their idiosyncrasies reacted favorably, even to binding together the brotherhood in closer bonds. Individuality was not sacrificed. The members were not so many peas in a peck. They were so many various instruments harmonizing in a concert. I have 486 ELIOT MEMORIAL. never known, personally or indirectly, a church in which, for so long a time, there was such absence of alienations, the term aristocracy never being heard, and complaint or grumbling almost unknown. Kind feeling and Christian bearing were manifest. Newcomers and occasional visitors would sometimes say, What a social, genial, loving people you are ! The relation of church ofHcers among themselves and to the brotherhood in general, as well as pastoral relations, continued without jar. Meanwhile we had no occasion to call a council of sister churches, while of the eighty or more letters- missive received by us, nine were for advice regarding internal matters, some if not most of which had be- come the occasion of variance. The prevailing charac- teristics and tone of the Eliot Church suggested not unnaturally the final assemblage to which men will come from the east and from the west, from the north and from the south, and sit down with Abraham, Isaac, and Jacob in the kingdom of heaven. Foreigners ceased to feel like foreigners. They had become fellow-citi- zens in a Christian commonwealth. Sometimes, to be sure, I saw the eye moisten as their thoughts reverted to native hill and stream, to the father, mother, and pastor of early days. Here was a motive for kindness the same as was anciently enforced upon Israel, " For ye know the heart of a stranger." One secret of the social harmony that existed prob- ably lay in the tone of public ministrations. Jehovah EPILOGUE. 487 of hosts, in his immeasurable exaltation as sole crea- tor and supreme ruler; in his amazing condescension and loving-kindness to sinful man, as seen in the Un- speakable Gift — the incarnation of the Eternal Son, his humiliation, his entrancing perfection of character, his atoning sacrifice, his triumphant resurrection and ascension, his adorable headship, his mediation in be- half of the lost, and the absolute assurance of salva- tion to all who humbly and penitently trust in him, and their unutterable blessedness for ever and ever — these are leading truths which the author of our being designed should sway mind and heart. In the light thereof social differences seem slight. A great truth duly apprehended dislodges trifles, and has a signally assimilating power. We of this academy, said an ancient philosopher, have no leisure to mind such things as the affairs of the court. The demands of holy living, of Christ-like beneficence, once heartily accepted, appear infinitely great and dwarf other things to the infinitely little. No change can come over a man so great as the discovery how sinful selfishness is and how transcendently beautiful is holiness. The one epoch of existence is, not separation of soul and body, but eman- cipation from the controlling influence of what is purely personal, local, trivial, and becoming linked loyally to something higher than aught that either begins here or ends here, the realm of celestial goodness and saintship. " What will you now do with your astronomy," said a ELIOT MEMORIAL. friend to an astronomer who had become a convert to spiritual Christianity." " I am now bound for heaven," said he, " and I take the stars in my way." That is it; instead of God's mere works in the eye, God him- self, and heaven in the heart. It has been the same substantially alike with scientist and peasant. 2. A HAPPY PASTORATE. In the early days of my pastorate an ex-minister said to me that if he had known what trials were before him he would never have gone into the pulpit. Surprise was awakened. Looking back from the present standpoint, surprise waxes tenfold greater. The three decades of active service were a joyous period. True, it was not without some inconveniences. For example, I had occa- sion to make ten changes in arrangements for boarding or housekeeping. Each change led to a loss virtually of several weeks. In one instance I looked at not less than thirty houses, regarding every one of which there was some insuperable objection. Then, too, the increasing presence of a certain foreign element in the population was not an agreeable circumstance. To find the outcrop- ping of stealthy proselytism and open animosity, was not promotive of neighborhood comfort. In more than one of our families it was found that a child mumbled some- thing at the table, and elsewhere, which proved to be " Hail, Mary." They had been drilled by Roman Cath- olic domestics into a belief that salvation depends on EPILOGUE. 489 repeating Ave Maria, Our Mission Sunday School was denounced from the pulpit by a priest. A neighbor of mine, after discharging a Catholic servant, found his house set on fire four times. A member of our church, whose house was on fire, crossed over the street to where stood a woman, who remarked, " I wish all the houses on your side would burn up and burn the Protestants in them.'* Denunciation and dense ignorance should awaken pity and kind Christian efforts in behalf of the erring. One of my family, falling in with a girl who was on her way to St. Joseph's Church, entered into pleasant conversation with her, and, among other questions, asked, " Who came into the world to save sinners } " She answered, " The Sisters of Charity." Pitiable, yet comparatively pardonable. A letter was shown me from a person of an entirely dif- ferent grade, a person of culture, who stood in most inti- mate relations to the recipient, and who had become a pervert. I was allowed to take a copy. The following is one of the paragraphs : " I abhor Protestantism, because I know all about it ; because I know that it is a per- petual contempt of God, a perpetual rejection of Christ, a perpetual hatred of the truth, and for all who intelli- gently and willfully follow it, it is eternal damnation. I hate it and abominate it as an evil of the devil's own hatching, and I despise it as much as I hate it." The foregoing were doubtless extreme and exceptional cases. Such are apparently less representative of the present than of that period. Utterances of that kind were, how- 490 ELIOT MEMORIAL. ever, too common to make fellow-citizenship entirely agreeable. On the other hand, there were tokens of partial and even complete emancipation from the power of Popery. A couple came to me to be married because the priest would not marry them during Lent. Several who had been brought up in the Roman Catholic belief — nearly all of them women, one of whom had been a nun — joined the Eliot Church. Some of them suffered, in con- sequence, a measure of persecution from relatives. Escape or redress was nearly impossible. A little boy — noble fellow ! — after his widowed mother had become an intelli- gent Protestant, spent a night at his grandmother's, and on going to bed kneeled down and repeated, " Jesus, tender shepherd," etc. "Where did you learn that.?" said the grandmother. " At the Sabbath School," answered the lad. "What Sabbath School?" "Mr. Thompson's." " Never go there again," added the old lady with a threat. " Now, look up to this picture of the Holy Virgin, and pray." The boy, dropping his head, repeated the second commandment. Illness, recurring often, was indeed a trial, and a severe trial, chiefly because of interference with official labor. Deaths in my own family circle fed the fountain of sympathy with others who were bereaved. But amidst all, there was joyful absorption in ministerial duties. Annoyances and sorrows failed to shut out the sunlight by day, and there were no thorns under the pillow at EPILOGUE. 49 1 night. For one thing, disquieting rumors about concerns personal to myself did not come to-my ears. The least probable story — after one of Dr. Charles Finney's books had been lent from my library to a lady of another congregation — was that I had become a perfectionist. Somewhere in the year 1868, it came to me from three different sources that Colonel called with a request to have notice from the pulpit given of a fair to aid dis- abled soldiers of the Grand Army of the Republic, and that the request was discourteously declined. In point of fact. Colonel was never in my house, and I never had communication with or from him but once, and that was five years previous, nor was the request referred to made by any one. There was exemption from one trial to which many ministers of our day are subject, brief pastorates and inef- fectual candidacies. Forbearance and lenity on the part of the church favored my gratification in the stability of sacred relations. The writer never heard of another church, the pastorship of which he would have preferred, nor did he listen favorably to overtures for a change, whether to a different pulpit, or, as twice solicited, to a college professorship, or when three times a chair was offered in a theological seminary. Valuable service could thus be rendered to those institutions by declining. Changeableness has never characterized the Eliot Church. Between 1842 and 187 1, twenty-four Congregational churches were organized in Boston and the six adjoin- 492 ELIOT MEMORIAL. ing cities or towns ; while eight were merged in other churches, and eleven disbanded. Eighty-five pastors were installed, and the number of dismissions were painfully numerous. Whatever else there might be, conditions and cir- cumstances to gladden the heart never failed. Our place of worship required enlargement at two different times. The salary was raised more than once or twice, but not at any suggestion of mine. Publications in book-form resulted, for the most part, from seasons of sickness which barred the pulpit, and from the employment of an amanu- ensis, which for many years was required by weakness of the eyes. I could never have performed the manual labor and other forms of needful labor. One work went through twelve editions ; and this side matter of author- ship found not a little compensation in testimonies, oral and written, from a good many sources, of conversion and spiritual helpfulness. It was along the same lines, those last named, that chief joy arose for thirty years. Frequent shortcomings, and depression at times, must be acknowledged. But I am not now seated at a public confessional. Whatever might be the consciousness of deficiencies in the pulpit, that was still a place of delight. Approaching the house of worship along a shaded avenue, I seemed to hear in the voice of the tolling bell an invitation as sweet as it was solemn — Come all ye that fear the Lord, bow down before Him ! All ye weary and heavy laden, come and EPILOGUE. 493 find rest to the soul ! Sons and daughters of affliction, come and pour out your hearts! Come rich and poor; come youth in thy freshness, come man of gray hairs; come father and mother with the children ; come widow in thy loneliness ! Our Heavenly Father bids all to come ! Pastoral visitation, too, had its joys — joys not easily expressed. Tokens of personal regard — oral, floral, and in other forms, were indeed abundant ; there was unfail- ing kindness and generosity; but the highest gratification sprang from witnessing beautiful developments of char- acter. These were usually gradual, though sometimes rapid. Thought uniformly ran forward to the future of each individual. Not only the educated and conspicuous, but often those in humblest positions and of scantiest cul- ture showed elevation of soul and unselfish breadth of view. Not a few instances now rise before me. A pecu- liarly amiable and retiring member of the church, extremely limited in her means, requested with dying breath, that a certain sum should be handed me in aid of missions. A widowed mother, whose barrel and cruise were never full nor ever empty, charged her daughter to pay, of a certain amount, one-third to the home cause and two-thirds to the foreign. I was with a woman in paroxysms of dis- tress during the last hour of life, who uttered no com- plaint and only thanks for the Unspeakable Gift given for all. Soon after her funeral I called on the bereaved husband, who brought to me the purse which had not 494 ELIOT MEMORIAL. yet been opened, and which was to help send the gospel to perishing heathen, who engaged her dying thoughts. A miss of fourteen drew out from beneath the pillow on which her head was resting for the last time, bright coins for the children's fund for foreign missions. I can now see those cold, white hands — each arm to appearance in a shroud — dropping contributions into the Lord's treas- ury. With special vividness there comes to mind the case of a dependent widow away back in the forties (1848), who for the last two years of her life was unable to get to church or to the monthly concert. She was also unable to read the Missionary Herald, for a cancerous affection was consuming her eyes. Suffering was intense. When the great change came near, the daughter said, " Mother, what is your strongest desire now ? " After a moment's pause, she replied, " The conversion of the world ; the conversion of the world ! " Bright prospects for eternity gilded scores of homes. During the period specially in mind more than seven- teen thousand calls were made. There was an elastic step in passing from house to house ; and no wonder when the record of a single afternoon, not wholly peculiar, suggests what tides of pastoral enjoyment were experienced. Of three visits, the first was on a widow, aged eighty-eight, who had long been eminent as a Christian, and deeply respected as the wife of a prom- inent minister. In the course of conversation, " I must cling to Him," said she ; " I cannot help loving Him ; EPILOGUE. 495 He is the dear, precious Jesus." The second visit was with a plain old lady of seventy just recovering from severe sickness. " I have been thinking a great deal about what they do in heaven." " And what are your thoughts about it ? " " Well, my small idea is that they don't do much besides serve and praise Christ. He is the foundation and topstone, all in all." The third talk was with an ingenuous little boy eight years old. After many things had passed, " Well, James, do you hope to grow up to be a useful Christian ? " "I would rather die and be with Christ; I should be so much more like Him, and I shouldn't sin any more." Not less than three thousand five hundred scholars had been in the Sunday School, and over a thousand individuals had joined the church. It seemed, and still seems, that if heaven had only our Lord and departed members of the Eliot Church, it would not be a small heaven, and would be the abode of joy unspeakable and full of glory. To be on terms of hallowed inti- macy year after year with such saints, young and old; to see men, women, and children coming out of dark- ness into God's marvellous light ; to be an instrument in the divine hand for binding up broken hearts ; to find so many tried ones reposing sweetly on prom- ises exceeding great and precious ; to have opportunity to preach Christ and Him crucified once a week, and to speak privately of Him every day in the week — these things enable me to enter fully into the expe- 496 ELIOT MEMORIAL. rience of John Brown, of Haddington : " Were God to present me with the dukedom of Argyle on the one hand, and the being a minister of the Gospel, with the stipend which I have had, on the other, so pleasant hath the ministry been to me, notwithstand- ing all my weakness and fears of little success, I would instantly prefer the latter." THE END. INDEX. Abbott, Jacob, 30, 34, 283-2S5. Abbott, J. S.C, 34-37. Absences, 163-169. Adam, Thomas, 165. Adams, Asher, 349. Adams, Rev. C. S., 229-230. Adams, J. Q., 350. Adams, Dr. N., 40, 186. Adams, Solomon, 288-290. Adams, Dr. William, 159. Alcott, W. A., 287-288. Amanuensis, 166. Ambrose, 102. Amelia, Princess, 426. American Board, 138, 154. Anderson, Rev. E., 401. Anderson, Mrs. E. H., 456-461. Anderson, Miss E. H., 425-427. Anderson, F. E., 298-300. Anderson, H. H., 309-310. Anderson, Dr. R., 138, 155, 187, 188, 239- 242, 263. Anniversaries, 151-157. Antietam, Battle of, 162. Arianism, 18. Army Service, 157-163. Artists, 332-337. Ashley Church, 25. Associate Pastor, 168. Assimilation, 486. Atkins, M. E., 427-428. Awakening, Evan'l, 25, 26. Backup, Miss E. E., 279-2S0. Bad Boys, 140. Baker, Abel, 154. Baker, C. H., 422-423. Ballister, J., 349. Bannister, William B., 195. Baptism, 99. Baptist Church, 28, 31. Bartlett, Phebe, 174. Basford, M. J., 441. Basil, 165. Baxter, Richard, 164. Beecher, Dr. L., 188. Beecher, Laban S., 73, 349. Bell, Ann, 430-431. Bell, Dr. Robert, 33C-331. Belsham, 17, 63. Berry, N. C, 308-309. Beza, 164. Bible Distribution, 147. Biographical Sketches, 193-472. Bible Study, 127-128. Blindness, 339. Bliss, S., 371-372. Boardman, S. E., 414-415. Bond, A. M., 428-429. Bond, C. W., 429-430. Bond, Richard, 67, 357-358. Boston, 2, 3. Bowditch, 168. Bowes, P. M., 343-344- Bowker, Mrs. A., 84. Bowles, J. E., 479-480. Bowles, S. J., 349. Bowles, Dr. S. W., 327-328. Bradford, J. R., 214-216. Brainerd, D., 475. Bray, C. F., 349. Briggs, L. H., 212-214. Bright, John, 49. Brock, W., 349. Bronchitis, 168. Bronner, B., 129. Brook Farm, 10. Brothers, 80. Brown, John, 59, 361-362. Brown, J. E., 388-390. 498 INDEX. Brown, N., 349. Brown, N. H., 383-385- Buckingham, Gov., 107, 194. Bull Run, Battle, 159. Bumstead, A. W., 273-275. Bumstead, E. W., 275. Bumstead, Dea. J., 276. Bumstead, M. G., 275-277. Bunker, L. B., 260-262. Burder, Rev. Geo., 84. Burgess, Dr. E., 28, 29, 31, 40, 41. Business Integrity, 222. Butterfiekl, H. Q., 290-293. Callen, Mary, 446-448. Calls, Church, 38, 39. Calls forgotten, 52. Candidating, 491. Carson, R. M., 162, 373-374- Carruthers, J. C, 381-382. Caswell, Mrs. H. S., 266-267. Catechism, Assembly's, 449. Cemeteries, 2. Chalmers, Dr., 89. Chalmers, Rev. Mr., 188. Chamberlain, T., 349. Channing, Dr. W. E., 16, 18. Childs, J. P., 417-418. Children, 473. Children's Meetings, 137. Christ and Children, 473. Chrysostom, 165. Church Clerks, 32. Church Corporation, 22. Church Fellowship, loS-iio, 187. Church, First, 3, 15. Church Discipline, 110-113. Chiirch Functions, 96. Church Independence, 20. Church Life, Early, 33. Church members converted, 54, 116. Church Mission, 185. Church Prayer Meeting, 100-108. Church Property, 20. Church, West Roxbury, 4. Church, St. James, 28. Cigar-smoking, 215. City Mission, 141-148. Civil war time, 157-163. Clap, James, 362-365. Clark, Rev. J. S., 248-250. Codman, Dr. John, 15, 30, 35, 40, 41. Codman, Mrs. Dr., 464-466. Coincidences, 78-86. Colonial Churches, 170-181. Communion Service, 96-100. Compliments, 53. Composure in Battle, 161. Conant, Rev. E., 226. Conference of Churches, 183. Congregational Churches, 182. Contentment, Holy, 54. Contrasts, 78. Cough, Whooping, 166. Councils, Ecclesiastical, 183. Criticisms, 44. Cross, B., 349. Cunmiings, A. I., 325-326. Dana, R. H., 6. Davenport, Dr. F. H., 330. Davenport, H., 349. Davenport, W. W., 202-206. Day, Moses, 349. Day, Moses H., 174, 210-21 1. Day, William F., 222-223. Deacons, 193. Deaf- Mutes, 338-348. Dearborn, II. A. S., 9. Deaths, Early, 477-479. Deaths, numerous, 173-175- Deaths, simultaneous, 72, 83, 84. Deaths, sudden, 66-68, 223, 257, 271, 366. Deaths, tragic, 68. Dedham case, 20-24. Denison, J. H., 395-396. Denison, J. N., 358-360. Desiring to depart, 495. Diaconate, The, 193-223. Dickinson, H. L., 434-436. Dillaway, C. K., 63. Dismission, 35. INDEX. 499 Discourtesies, 63-65. Diverse Membership, 484-486. Divorce, 45. Domett, George, 366-367. Dorcas Society, 140-141. Dudleys, 5. Dunning, Dr, A. E., 175. Dying in sleep, 440. Dying parishioners, 65. Ecclesiastical Diversity, 484. Echeverria, M. A. M., 421-422. Educators, 283-302. Edwards, Jonathan, 475. Effusive talk, 88. Eliot Church, 28. Eliot Church Deacons, 33. Eliot City Mission, 141-148. Eliot, John, i, 12, 32. Ellsworth, Gov. W. W., 194. Eminent men, 5-13. Emerson, R. W., 41. Epilogue, 484-496. Eustis, Gov. W., 7. Evarts, Jeremiah, 18. Evarts, Mrs. Jeremiah, 38. Examination by Council, 39. Exchange of pulpits, 186. Expository preaching, 48. Extra-parochial, 60. Eyes, closed, 82. Eyes, weak, 166. Fairbank, M. B., 263-265. Family, The, 74. Fellowship, Right-hand, 40. Female Prayer Meeting, 136-137. Fellowship of Churches, 1 08-1 10, 182-184. Fellowship of Pastors, 185. Fenn, H. T., 415-416. Firm principle, 216. Fisch, Pastor, 188. Flint, E. P., 385-386. Forbes, M. C, 262-263. Foreigners, 486. Forest Hills Cemetery, 2. Franklin, C. S., 436-437. Free Church, Scotland, 26. Freeman, James, 14. Fuller, Gen. H. W., 316-317. Fuller, Samuel, 194. Funerals, 68. Funeral discourses, 162. Funerals, frequent, 71. Funeral notices delayed, 61. Funeral quartette, 74. Furber, D. L., 152. Gager, William, 194. Garfield, President, 136. Garratt, A. C, 322-324. Gaston, Hon. Wm. , 77, 307-308. Gerry, S. L., 333-334. Gill, Dr., 476. Giving, Means of, 85. Golden Weddings, 155. Goodell, Dr. W., 102, 189. Goodrich, Samuel G., 10. Greene, Rev. David, 38, 73, 142, 242-245. Greene, D. B., 311-312. Greene, D. C, 258-260. Greene, J. E., 313-314- Greene, Mary Evarts, 245-247. Greene, Hon. R. S., 314-316. Greene, Rev. Samuel, 277-279. Greenough, Rev. W., 408. Grush, J. W., 402-404. Gulliver, John, 122, 143, 349. Gulliver, D. F., 321-322. Gulliver, J. P., 392-393- Hall, A. H., 405-407. Hall, J. M. W., 390. Hall, S. W., 349. Hamilton, Angenette F. T., 419. Hamilton, Dr. B. F., 152, 157, 193. Harmony, 484. Harvard College, 19. Harrison, President, 135. Hastings, D. J-, 382-383. Hawaiian Princes, 153. Headache, 164. 500 INDEX. Hearing for others, 45. Heath, Gen., 7. Heath, John, 31, 66, 353-355. Henry, Matthew, 476. Hewitt, G. R., 407-409. Highland Church, 173-175. Hill, Charles \V., 217-219. Hill, G. E., 396. Hill, Henry, 38, 150, 199-202, 247. Hill, FI. M., 379-381. Hollis, Thomas, 19. Hodge, Dr. Charles, 157. Hollanders' Chapel, 184. Holmes, O. W., 6. Home, 135. Honorable Women, 432-472. Hooker, M. V., 466-467. Hooker, Rev. E. W., 234-236. Hooker, Rev. H. B., 250-253. Hooker, Thos., 250. Horse Cars, 3. Hubbard, J. W., 311. Hulbert, C, 349. Huguenot Seminary, 274. Huntington, E. B., 208-210. Huntington, Mrs. S., 477. Hurter, G. C, 255-257. Hurter, E. G., 257-258. Impostors, 89-91, 94. Indians, i. Indian Bible, 12. Insomnia, 163, 165. Intellect disordered, 92, 93. Intemperance, 62. Interdenominational, 62. Ireson, Wesley, 66, 376-377. Jamaica Plain, 4. Jefferies, Dr. J., 167. Joy in suffering, 55-58. John Eliot Church, 184. Kenilworth, 32. Kindness, Parochial, 168, 492. Kingman, Abner, 367-369. King's Chapel, 14. Kirk, Dr., 186. Kittredge, Alvah, 30, 38, 123, 153, 195- 197. Kittredge, Mrs. A., 433-434. Kittredge, Dr. A. E., 123, 401-402. Kittredge, Rev. C. B., 226-22S. Kittredge, G. A., 386-388. Kuhn, Mrs. M., 444-446. Lambert, W. G., 198-199. Lambs Fed, 133. Laurie, Dr. T., 186, 189. Laymen, Noteworthy, 349-377. Lawyers, 303-319. Leake, Mrs. M. P. H., 247-248. Liberalism, 14-26. Lincoln, President, 136. Loker, J. D., 162. Longevity, 216, 448-455, 463. Loomis, Mrs. J. H., 267-268. Lord, President, 188. Losses in War, 161-163. Loyalty, Civil, 157. Lynde, C. F., 346-347. Lynde, M. C, 347-348. Lynde, W., 344-346. Mann, Dr. Benj., 329. Mann, E. P., 335-336. March, Andrew S., 206-208. Marriages, 74-77. Marriage certificate, 76. Marriage and Death, 77, 78. Marriage fees, 75, 76. Marsh, J. P., 340-342. Marsh, L. G., 467-470. Marsh, Mrs. P. P., 342-343. Marshall, Andrew, 219-221. Massachusetts 45th Regiment, 160. Maternal Meeting, 132-136. McGaw, J. A., 349. McNee, Mrs., 67. Means, Dr. J. H., 186. Means, Dr. J. O., 167, 171, 186. Melancholia, 118. Merrill, F. T., 336-337. Meserve, I. C, 404-405. INDEX. SOI Mills, Rev. C, 173. Ministers' Wives, 455-456. Ministerial Colleagues, 410-419. Ministerial Recruits, 392-409. Missionaries, 255-282. Missionary Officials, 237-254. Missionary Spirit, 237-239. Mitchell, D. M., 144, 230-232. Monthly Concert, 137-138. Morse, S. E., 231. Mothers, 135-136. Mourner, intoxicated, 69. Munroe, C. W., 277. Murder, 71. Murke, F. E., 480. Murray, Andrew, 276. Nationalities, various, 484. Neff, Felix, 106. Newell, Samuel, 11, 351. Nichols, W. R., 294-29S. Night visits, 56. Norton, Andrews, 41. Novel-readers, 117. Nute, T. R., 328. Nutting, J., 448-451. Obstructionist, 78. Only Sons, 161. Orphans, 61. Orthodox Awakening, 15, 25, 27. Packard, Otis, 349. Paris, M. C, 260. Parish, 142. Parish calls, 50. Parishioner, pretentious, 51. Parishioners, complaining, 52. Parishioners, ministerial, 224-236. Park, Dr. E. A., 408. Parker, Chief Justice, 22. Parker, John A., 79. Parker, Mrs. S. E., 121. Parker, Theodore, 41, 48. Park St. Church, 102. Pastorate, Happy, 488-496. Payson, Dr. E., 206. Peck, S. E. R., 461-462. Peculiar People, 86-95. Penniman, C. F. , 418. Perkins, Benjamin, 146, 253-254. Perkins, Rev. F. B., 400-401. Perkins, S. M. H., 412-413. Physicians, 2, 320-331. Pierce, Dr. John, 164. Piety, early, 474-477. Piety amidst poverty, 55-58. Piety, refining, 59. Pithy sayings, 53. Plumb, Dr. A. H., 180, 186, 272. Polycarp, 474. Poor, Dr. Daniel, 189. Porcupine man, 88. Porter, Dr. E., 15. Porter, Rev. Huntington, 225-226. Porter, J. W., 317-319. Porter, Miss Laura, 248. Porter, Mrs. S. C, 470-472. Porter, Rev. W. H., 229. Pratt, Rev. L., 412. Pratt, S. P. G.,411-412. Prayer answered, 107. Prayer for colleges, 138. Prayer meetings, 100-108, 132. Prayer pertinent, 103. Prentiss, Dr. N. S., 11, 31, 44, 349-353. Priestly, Dr., 63. Publications, 153. Pulpit, The, 43-49. Pulpit exchanges, 186. Pulpit preparation, 46, 47. Punctuality, 207. Quartettes, 73. Receptions, 153-157. Reed, Dr. Andrew, 30. Retreat, A, 185. Revivals, 1 13-120, 341. Richards, Rev. A., 154. Richards, Guy, 480. Robinson, Mr., 91. 502 INDEX. Rockwood, Rev. L. B., 233-234. Rogers, Wm. M., 34. Roman Catholics, 488-490. Root, Mrs. V. A., 334-335. Ropes, Hon. J. S., 369-370. Ropes, W. L., 393-394. Roxbury, 1-13, 27, 37. Roxbury, First Church, 3, 12. Roxbury, West, 4, 10, 40. Russell, Hon. C. T., 305-306. Sacramental Services, 96-99. St. James Church, 28. Salaries, 35. Sandwich Case, 24. Sargent, L. M., 10. Sciatica, 167. Scripture for soldiers, 158. Scripture memorized, 133. Scudder, Dea. Charles, 269. Scudder, David C, 26S-271. Scudder, Rev. E., 39S-399. Scudder, H. E., 300-302. Seeking settlement, 37. Sermon preparation, 46. Sermon borrowed, 49. Sermon topics, 43, 46, 47. Sermons destroyed, 48. Sermons re-written, 45. Settlement declined, 39. Severance, E. H., 349. Sewall, W., 394. Shedd, Dr. W. G. T., 188, 409. Shipwreck, 71. Shirley, William, 7. Shoddy Parishioner, 51. Short, Charles, 293-294. Sickness, 163-169. Silsbee, E., 423-424. Sleeping at Church, 82, 83. Smith, Rev. Levi, 144. Smith, Rev. S. S., 224-225. Society women, 51. Sociability, 149-150. Soren, J., 349. Spiritism, 112. Spiritual growth, 14. Steele, C. R., 423-424. Steele, H. S., 326-327. Stoddard, Charles, 82. Stone, Mrs. C. L., 437-438. Stone, Miss C. M., 438-440. Stone, Capt. E., 158. Stone, Miss E. M., 272-273. Stone, Col. E. W., 390-391. Storrs, Dr. R. S., 102, 186. Stowe, Prof., 409. Street, M. A., 416-417. Strong, Gov. Caleb, 82. Strong, E. G., 413-414. Strong, E. E., 184. Stuart, Gilbert, 9. Sumner, Increase, 7. Sunday Schools, Boston, 121-123. Sunday School, Eliot, 119, 123, 131, 377, 495- Sunday Schools Mission, 121, 122, 142, 144, 304. Sunday School Superintendents, 130. Surprise parties, 149, 150. Surprises, 82. Sympathy, exhausting, 57. Tertullian, 102. Thayer, R. H., 349. Thompson, T. S., 161. Thurston, William, 122. Tinkham, Capt., 67, 349. Tract distribution, 142. Trading on Philanthropy, 94. Treat, Sela B., 164. Treadvvell, Gov., 194. Twombly, Dr. A. S., 399-400. Underwood, Miss S. M., 2S0-282. Unitarianism, 14. Unitarians, 117. Universalism, 14, 27. Vine Street Church, 170-172, 183. Visits, Pastoral, 493-495. Waldoborough, 232. INDEX. 503 Walley, Hon. S. H., 38, 303-305, 382. Walley, W. P., 316. Ward well, A. F., 440. Wardwell, W. H., 374-375. "Walnut Avenue Church, 175-181. Warren, Gen., 8. War-time, 157-163. Waters, A. F., 442-444. Waterman, Lucy, 451-453. Waterman, M., 355-357. Weddings, Golden, 155. Week of Prayer, 138. Wesley, John, 163. Wesson, S., 453-455- West Roxbury, 4. Wheelwright, Eben, 151, 349. Wheelwright, H. B., 324-325. White, I. D., 360-361. White, I. C, 152, 396-398. Widows, 462. Wildes, Sophia, 73. Williams, Thos. S., 194- Wine at Weddings, 75. Winslow, Admiral J. A., 11. Wives of Ministers, 455. Wolff, H. C. B., 410-41 1. Women, Honorable, 432-472. Women, Young, 420-431. Woodbridge, Rev. W. C, 73, 285-287. Yale College, 231. Yankee, typical, 186. Young Men, 378-391- Young Men's Meeting, 137. Young Women's Meeting, 137.

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**基于一对多建筑供应链材料允许缺货下的联合库存优化** **钟德强，郭薇** **(湖南工业大学管理科学与工程研究所，湖南株洲 412007)** **\[摘要\]研究由 ·个总承包商与多个分包商组成的建筑材料供应链的联合库存问题，在允许缺货情况下，建立联合库存成本模型，比较分析传统独立库存与联合库存的成本，证明供应链联合库存总成本优汁传统独立库存总成本，并以一个总承包商、两个分包商为例，研究了联合库存下的成本分配问题，证明用Shapley值法分配成本，各参与方在联合库存下分担的成本均低于传统独立库存下的成本。** **\[关键词\]建筑供应链；允许缺货；联合库存；库存成本：Shapley值法** **\[中图分类号\]F426.92；F274；F253 \[文献标识码\]A \[文章编号\]1005-152X(2015)02-0123-03** **Joint Inventory Optimization for Order Backlogging Allowed One-to-many Construction Material Supply Chains** **Zhong Deriang， Gur Wei** **(Researeh Instilute of Management Scienre& Engineering， Ilunan Lniversity of Technology， Zhuzhou 412007， China)** **Abstract： In this paper， we studied the joint inventory practice of a construction materjal supply chain compsed of one master _contractor and multiple suheontractors， established the corresponding joint inventory cost model which allowed for order backlogging， ihen_ analyzed and compared the cost of the traditional independent inventory and the joint inventory， proved the superiority of the latter and at the end in the case of a supply chain composed of one masler comractor and twn subreontractors， studied the cost allocation of the supply chain under the joint inventory practice.** **Keywords： construction supply chain； order backlogging allowed； joint inventory； inventory cost； Shapley method** **1 引言** **近儿年，随着我国城镇化战略的实施，建筑业得到了迅猛发展。在施工技术日益完善的今天，成本控制成为了重中之重。而建筑材料作为占施工造价60%左右的基础物质，由于其需求可提前计算，成为了控制造价的重要对象。降低建筑材料的库存成本成为控制总成本的有效途径。供应链管理思想在制造领域的成功给建筑业的成本管理带来了新的契机。** **目前，国内外专家学者对建筑供应链及联合库存的研究还处于起步阶段。郭大宁提出，库存控制的最优化目标不仅是供应链环节中某一个或某几个节点企业的库存最优化，而是整个供应链环节有机、协调、一体化库存的最优化、叶吉庆“将联合库存思想引入建筑供应链中，以期提高建筑供应链库存水平，从而提高建筑企业竞争力。以上文献人都只是从理论上阐述了联合库存的优越性，并未给出具体的数学建模进行验证。张伟伟建立了一个不允许缺货、补充时间极短的简** **单联合库存管理模型。但是该模型情况特殊，不满足建筑材料供给情况。肖燕在其基础上，考虑了有初始库存、允许库存短缺、缺货需立即补充的情况，建立了合理的库存成本模型、邵必林建立了建筑供应链环境下的库存成本控制模型，并与传统模型进行比较，证明了联合库存比传统模型更加节约成本。朱宏证明了短期激励下，供应商管理库存增加了供应商相关成本，应该采取相应的措施激励供给双方采用联合库存。** **以上文献给出的模型存在以下缺陷：一是只考虑了一个施工方与一个供应商的情况，而建筑供应链环境下，多使用总承包商概念，总承包商将任务分包给若干分包商，因此，一个总承包商与多个分包商更符合实情。。二是采用联合库存存在供应链总成本减少，但各方成本有增有减的情况，因此应该考虑对节约的成本进行合理分配。本文研究一个总承包商与多个分包商的联合库存问题，建立一个一对多的联合库存成本模型，比较传统独立库存与联合库存的成本，并用Shapley值** **\[收稿日期\]2014-09-28** **\[作者简介\]钟德强(1963-)，男，湖南工业大学教授，博士，主要研究方向：技术创新管理、物流与供应链管理；郭薇(1989-)，女，湖南工业大学硕上研究生，主要研究方向：物流与供应链管理。** **法对联合库存节约的成本进行分配。** **_2_ 模型建立** **该模型是包括一个总承包商、n个分包商的模型系统，分包商发生材料需求，向总承包商反映。供应链中各方组成一个联合库存，共同制定订货批量，分啦成本与风险。** **假定D为需求率(即单位时间需求量.单位时间为日)；Q为订货经济批量；Q为初始存储量；Q：为缺货量；t为不缺货时间；tz为缺货时间；H为单位时间存储费；K为单次订购费；S为单位时间缺货费。允许缺货，即一次订货可分为两次送达，第一次送货量为Q.，第二次送货量(即补送货量)为Q公补足缺货后仍有Q=D×t，不缺货时间= ，缺货时间** **0-Q)xS、2×Q其模型示意图如图1所示。** **图1 允许缺货的经济批量补货系统** **假定：** **(1)分包商在施工过程中对产品的需求是连续均匀的，即需求速率为常数；** **(2)总承包商的单位时间存储费不变，每次订货量不变，每次订货费不变；** **(3)分包商的单位时间存储费用不变，每次订货量不变，每次订货费不变；** **(4)考虑到实际情况，允许缺货，缺货须立即补充，对缺货损失可以定量化研究，单位时间缺货费不变；** **(5)分包商与分包商、分包商与总承包商相互独立。** **2.1 传统独立库存模型** **在传统独立库存模型中，分包商为强势方，可以根据自己的资金情况和利润最大化原则来确定经济订货批量，分包商的单位时间库存成本为：** **其中，Q为传统独立库存下分包商i的初始存储量；H为分包商i的单位时间存储费；S为分包商i的单位时间缺货费； K.为分包商i的单次订购费。D为分包商i对材料的需求率；0.为传统独立库存下分包商i的订货经济批量。** **将式(1)对Q求导，并令其等于零，得到初始存储量Q：** **将式(2)代人式(1)，并对Q求导，同样令其等于零，得到经济批量Q：** **将式(2)、式(3)代认式(I)，得到分包商最小单位时间成本Clirmin为：** **总承包商为供应链中的弱势方，只能被动接受分包商的订货批量Q，且初始存储量也等于分包商的初始存储量(Q)，总承包商的单位时间库存成本为：** **其中，证为总承包商的单位时间存储费；S为总承包商的单位时间缺货费；K为总承包商的单次订购费。** **将式(2)、式(3)代人式(5)，得：** **传统独立库存下单位时间总成本为总承包商与分包商单位时间成本之和，则单位时间总成本为：** **_2.2_ 耳联合库存模型** **在联合库存模型中，总承包商和分包商的初始存储量、缺货量及订货经济批量相同，由供应链各参与方共同协商，其目的是使各节点企业对批量的需求保持一致，消除库存放大效应和不确定性，实现风险共担和整体供应链利润最大化。单位时间联合库存成本为：** **A为联合库存下分包商i的初始存储量：Q为联合库存下分包商i的订货经济批量。将式(8)对A，求导，令其等于零，得：** **将式(9)代人式(8)，对Q求导，得：** **将式(9)、式(10)代入式(8)，得：** **2.3 单位时间传统独立库存成本与联合库存成本的比较** _(H+1_ MS+SN(E.+S)，an-0；，≥0，则有： **单位时间联合库存成本小于单位时间传统独立库存成本，联合库存方式能减少供应链库存成本，这说明就供应链总体而言，联合库存方式可行。** **3 算例分析** **本文以一个总承包商、两个分包商为例，I可以看成由三个节点企业组成的联盟体，s为联盟体I的联盟子集，S，是I中包含i企业的所有联盟子集，u(s)为联盟子集产生的效益， u(s)-u(s\\i)表示企业i对子集s的效益所做的贡献大小。 W(s)=(n-isJts(-1，其中， lsl表示子集的数量，n表示参与花!作的对象数量。将总承包商、分包商1、分包商2分别记为B、1、2，相关参数如下：K=2 100元/次，H=20元/t/日，S=10元/t/口， Dj=300t/日，K：=1 000元/次，H=15元//日，S=5元/t/日，D=400t/日，K：=1 800 元/次，H=16元//日，S=8元//日，则联合库存前各方成本：总承包商成本：C=6298.843；分包商1成本：： CAmin=1500；分包商2成本： Crzwoin=2 771.281；库存总成本：1=10570.124。** **(1)三个企业联合库存：1=10538.099。在三者联合库存中，如果均摊，则每家企业摊得3512.7，这对分包商来说，比单独库存时的费用还要大，显然分包商不愿意。故要用Shapley 值法来分配效益。** **(2)总承包商与分包商1联合库存，分包商2单独库存：7=10539.351。** **(3)总承包商与分包商2联合库存，分包商1单独库存：1=10568.823** **10 539.351=30.773；u(z，2)=1-12=10570.124-10 568.823=1.301；v(z，1，2)=I-1612=10570.124-10 538.099=32.025其具体分配见表1-表3。** **表1 总承包商的利益分配表** | **S** | | **{z1}** | **{z2}** | **{2，1，2}** | | --- | --- | --- | --- | --- | | **D(S)** | **0·** | **30.773** | **1.301** | **32.025** | | **u(sz)** | **0** | **0** | **0** | **0** | | **u(5)-1(8z)** | **0** | **30.773** | **1.301** | **32.025** | | **s** | | **2** | **2** | **3** | | **W(s)** | **173** | **176** | **1/6** | **1/3** | | **W(s)\[u(s)-u(sz)\]** | **0** | **5.129** | **0.217** | **10.675** | **由表1可得，联合库存下总承包商分配的利益为p.(t)=0+5.129+0.217+10.675=16.021。** **表2分包商1的利益分配表** | **S** | **1** | **z1}** | **z2}** | **21，28** | | --- | --- | --- | --- | --- | | **飞(s)** | **0** | **30.773** | **1.301** | **32，025** | | **u(s\\1)** | **Q** | **0** | **1.301** | **1.301** | | **D(s)-u(5\\1)** | **Q** | **30.773** | **0** | **30.724** | | **S** | **1** | **2** | **2** | **3** | | **W(s)** | **1/3** | **1/6** | **1/6** | **1/3** | | **W(s)\[u(5)-u(5\\1)\]** | **0** | **5.129** | **0** | **10，241** | **由表2可得，联合库存下分包商1分配的利益为P(D)=0+5.129+0+10.241=15.37。** **表3分包商2的利益分配表** | **S** | **2** | **{z1}** | **{z2}** | **{2，1，2}** | | --- | --- | --- | --- | --- | | **u(s)** | **0** | **30.773** | **1.301** | **32.025** | | **u(S2)** | **0** | **30.773** | **Q** | **30.773** | | **u(S)-D(5\\2)** | **0** | **0** | **1.301** | **1.252** | | | **1** | **2** | **2** | **3** | | **W(S)** | **1/3** | **116** | **1/6** | **13** | | **W(5)\[u(S)-D(S2)\]** | **0** | **0** | **0.217** | **0.417** | **由表3可得，联合库存下分包商2分配的利益为g，(t)=0+0+0.217+0.417=0.634。** **容易验证， pz+pi+p：=32.025。这种分配不是简单的平均分配，而是基于各合作伙伴在合作联盟经济效益产生过程中的重要程度来进行分配的一种分配方式，有一定的合理性和优越性。最后，在供应商管理库存总成本10538.099中，各企业的费用分担分别是：** **(1)总承包商成本为：C-P.(U)=6298.843-16.021=6 282.822；** **(2)分包商1的成本为：C1mi-9(u)=1500-15.37=1484.63；** **(3)分包商2的成本为： G2min-9z(u)=2771.281-0.634=2770.647。** **可以得出一家企业合作比单独一家或任意两家合作分摊的费用少，于是三家加人联盟的积极性比较高，联盟的稳定性也比较好。** **这里p，(u)=16.021，p(u)=15.37， p：(u)=0.634，p>p92，这说明在三者的合作中，总承包商的贡献最大，其次是分包商1，贡献最小的是分包商2。** **_4_ 结论** **本文在原有联合库存模型的基础上，将(下转第151页)** **来五年云南花卉总产值和鲜切花总产量预测结果，具体如图3和图4所示。** **图3 _2_ 2013-2017年云南花卉总产值预测示意图(单位：亿元)** **从图3可知，预计云南花卉总产值2014年将超过400亿元，相比2012年增长46.38%，2016年将接近600亿元，2017年将接近700亿，比2016年增长14.73%** **图4 2013-2017年云南鲜切花总产量预测示意图** **(单位：亿枝】** **从图4可知，预计2014年云南鲜切花总产量将超过80亿枝，相比2012年增长13.33%，2016年将超过90亿枝，比2014年增长17.34%。** **5 结论** **云南花卉冷链物流具有一定的规模，但存在很多问题，特别是现有的冷链物流规模满足不了花卉对冷链物流的需要，尤其是鲜切花。云南花卉的总产量和鲜切花总产值对云南的花卉物流具有导向性，决定了云南花卉物流需求的规模，两者的未来走向影响未来云南花卉物流建设的方向。据云南省花卉产业联合会统计数据(2001-2012年)显示，云南花卉的总产** **(上接第125页)其发展成一个总承包商和多个分包商的形式.并通过对比得出，在存在多个分包商时，联合库存成本仍然比传统独立库存成本低，证明疗联合库存模型适用于多个分包商的情形，使联合库存模型在实际应用中得到拓展。最后用 Shapley 值法对节省的库存在各节点企业间进行分配，使各节点企业共享联合库存带来的成本节约。** **\[参考文献\]** **\[1\]郭大宁、张健.供应链管理中的联合库存控制\[J\].东华大学学报(自然科学版)，2003，29(5)：63-66.** **\[2\]叶吉庆，李锦飞.浅析建筑供应链管理中的联合库存管理(JMI)\[J\].商** **量和鲜切花总产值具有一定的指数规律，适合采用灰色预测模型—GM(1，1)模型预测。** **本文运用灰色GM(1，1)模型对云南未来五年的花卉总产量和鲜切花总产值进行预测。模型预测精度中云南花卉总产值相对误差检测为三级，其余五项检验指标精度均为一级精度，预测结果与实际出人较小，说明灰色GM(1，I)模型对云南花卉的总产量和鲜切花总产量进行预测是可行的，可以为以后制定相关物流产业规划等提供科学依据。预测结果表明，云南花卉总产值和鲜切花产量将持续较快增长，云南花卉物流需要向系统化、专业化和标准化发展，花卉物流中的冷链物流更要加快发展步伐，才能满足日益扩大的需求。** **{参考文献\]** **\[1\]康珉，康世瀛.抓住建立国际花卉拍卖市场之机发展云南现代大物流\[J|经济问题探索，2002，(1)：80-83.** **\[2\]邵砾群，赵文英.我国鲜切花物流发展问题的探讨的西部林业科学，2004，33(4)：90-92.** **\[3\]张大利，孙宏岭.构建我国鲜花冷链物流系统\[j.物流科技，2Q09，(7)：110-112.** **\[4\]王可山.中国花卉冷链物流的现状、问题与建议\].中闽流通经济.2010，(7)：35-38.** **\[5\]蓝洁.云南花卉产业的现状及发展思路团云南林业科技，2003.9(3)：68-71，** **{6\]曹允春，杨震，等.以花卉物流系统的流程再造提升云南花卉产业的竞争力\[J\]经济问题探索，2007，(10)：53-59.** 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Flora of the southern United States: containing an abridged description of the flowering plants and ferns of Tennessee, North and South Carolina, Georgia, Alabama, Mississippi, and Florida: arranged according to the natural system author: Chapman, A. W. (Alvan Wentworth), 1809-1899; Eaton, Daniel Cady, 1834-1895 ,-.-,. • '• THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA Biology BEQUEST OF Alice R. Hilgard /y^ x (!ZJe^4**>ts&?& x^ / S- Pv *<- FLORA OF THE SOUTHERN UNITED STATES FLORA OP THE SOUTHERN UNITED STATES CONTAINING ABRIDGED DESCRIPTIONS OF THE FLOWERING PLANTS AND FERNS OP TENNESSEE, NORTH AND SOUTH CAROLINA, GEORGIA, ALABAMA, MISSISSIPPI, AND FLORIDA : ARRANGED ACCORDING TO THE NATURAL SYSTEM. A. W. CHAPMAN, M.D THE FERNS BY DANIEL C. EATON. NEW YORK: IVISON, PHINNEY, & CO., 48 & 50 WALKER STREET. 1860. Entered according to Act of Congress, in the year 1860, by A. W. CHAPMAN in the Clerk's Office of the District Court for the Northern District of Florida. GIFT University Press, Cambridge : Electrotyped and^Printed by Welch, Bigelow, & Co. BIOLOGY TO THE REV. MOSES A. CURTIS, D. D., OF NORTH CAROLINA, THIS VOLUME IS DEDICATED, BY HIS OBLIGED FRIEND, THE AUTHOR. PREFACE. THE object of this work is to present to students and to prac- tical botanists a systematic arrangement of the Phaenogamous and higher Cryptogamous Plants of the Southern portion of the United States. My original design did not contemplate so wide a field ; but was limited to an enumeration of the plants of the Carolinas, Georgia, and Florida, — to which, chiefly, my attention has been directed during the last thirty years. But, influenced by the solicitations of friends, and by the apparent need of a more general work, I have extended my plan, so as to embrace all the States south of Virginia and Kentucky, and east of the Mississippi River. The plan of the work is nearly the same as that adopted by PROFESSOR GRAY, in his excellent Manual of the Botany of the Northern United States. For the benefit of those students who may not have a more per- fect treatise at hand, I have prefixed to the Flora a very concise Sketch of the Elements of Botany, and also a Glossary of Botan- ical Terms. But I would earnestly recommend, to those who may use this work, the admirable Botanical Series* of the author * I. How Plants Grow: Botany for Young People. Illustrated by 500 wood engravings. 75 cents. II. Lessons in Botany and Vegetable Physiology. 360 illustrations drawn from nature. $ 1.00. IE. Structural and Systematic Botany. 1,300 cuts. 82.00. These works are published by Ivison, Phinney, & Co., of New York. VI PREFACE. above named; especially, his First Lessons in Botany, in which the general principles of Botany and Vegetable Physiology are fully explained. I acknowledge with gratitude the kindness of those friends, and correspondents who have, in various ways, aided me in my labors. To the REV. MOSES A. CURTIS, of North Carolina, to whom I am permitted to dedicate this volume, especial acknowledgments are due, for valuable information derived from a long and instruc- tive correspondence, for the generous contribution of new and rare specimens, and for important assistance rendered me in every part of my work. To PROFESSOR ASA GRAY, of Harvard University, I am under peculiar obligations; not only for the privilege of consulting his valuable . library, and his extensive herbarium, which contained many plants previously unknown to me, but also for the benefit of his advice in all matters of doubt and difficulty, and for innumer- able acts of kindness, bestowed in every way. To MR. DANIEL C. EATON, of New Haven, who is making the FERNS a subject of special study, I am greatly indebted for this first and very careful elaboration of the Southern plants of that interesting family. I embrace the opportunity to say to those who have aided me hitherto, that, if they will continue to favor me with their discov- eries, I indulge the hope of preparing a future edition of this work, which shall be more worthy of their approbation. APALACHICOLA, FLORIDA, Mjpch. 26, 1860. CONTENTS. PAOB INTRODUCTION . • • . • ... . ,• ix SKETCH OF THE ELEMENTS OP BOTANY . . .' . ix GLOSSARY OF BOTANICAL TERMS . . . . . xviii ABBREVIATIONS OF THE NAMES OF AUTHORS . . . xxv SIGNS USED IN THIS WORK . V . . . xxvi DIRECTIONS TO THE STUDENT ... . . xxvii ARTIFICIAL ANALYSIS OF THE NATURAL ORDERS . . xxlx FLORA. — PH^ENOGAMOUS OR FLOWERING PLANTS . . . 1 CRYPTOGAMOUS OR FLOWERLESS PLANTS . . 585 INDEX ••«-.. 608 < INTKODUCTION. I. SKETCH OF THE ELEMENTS OF BOTANY. 1. Vegetable Tissue. 1. PLANTS are primarily composed of minute membranous vesicles or cells, which are endowed with the power of reproduction, and through which, al- though closed and destitute of visible pores or openings, the juices of the plant are readily transmitted. 2. Variously modified, these cells form the Elementary Tissues ; viz. Cellular Tissue or Parenchyma, Woody Tissue or Woody Fibre, and Vascular Tissue or Vessels and Ducts, 3. Cellular Tissue, which exists in all plants, and of which those of the lower orders are wholly composed, consists of cells aggregated together, and cohering by their contiguous surfaces. 4. Woody Tissue is composed of slender and elongated cells, with firm and thickish walls, collected in threads or bundles. 6. Vascular Tissue is made up of larger cells, either in the form of continuous tubes, or forming such by the union of their extremities. In some of these, the walls are marked with dots, lines, or hands ; whila in others they are lined with spirally coiled fibres which are capable of being unrolled. The latter are called Spiral Vessels, and exist only in plants which bear proper flowers. 6. Of these tissues are formed the Organs of plants ; viz. Organs of Vegetation, consisting of the Root, Stem, and Leaves, and Organs of Reproduction, consisting of the Flower and Fruit. 2. The Root. 7. The Root, or Descending Axis, is that part of the plant which grows down- ward, commonly penetrating the soil, from the moisture of which it imbibes nourishment. It branches indefinitely and without order, but bears no other appendages. Its ultimate branches are called Rootlets. 8. Roots which descend immediately from the embryo are termed Primary Roots. They are called Tap-Roots, when they consist of one thick and fleshy piece ; fascicled or clustered, when of several fleshy branches springing from a common centre ; tuberous when the branches become greatly enlarged and filled with starchy matter ; and fibrous, when all the parts are slender and thread-like. X INTRODUCTION. 9. But roots under favorable circumstances are developed from other parts of the plant. These are called Secondary Roots. 10. Aerial Roots are those which spring from the stem or branches above ground. In some, as in many Endogenous Plants, they proceed from the lower joints of the stem ; in others, as the Mangroves and Fig-trees of South Florida, they descend from the branches, and at length, penetrating the soil, form new stems in all respects similar to that of the parent tree. The tendril-like roots of some climbing stems are also of this class. 11. Epiphytes or Air-Plants, of which the Tillandsia and Epidendrum are ex- amples, are those which are borne on the trunks or branches of trees, but draw their nourishment from the air. 12. Parasites, like Air-Plants, grow on other plants ; but their roots, pene- trating the substance of the supporting plant, feed upon its juices. Some, as the Mistletoe and Dodder, fix themselves upon the trunk or branches ; others, like the Beech-drop, upon the root. 3. The Stem. 13. The Stem, or Ascending Axis, is that part of the plant which grows up- ward into the air and light, bearing leaves and flowers. It exists, under various modifications, in all flowering plants ; but in those which are said to be stemless or acaulescent, it is very short, or concealed in the ground. 14. It consists of a succession of leaf-bearing points, or Nodes, separated by naked joints, or Internodes. The growing points, which are protected by reduced leaves in the form of scales, are called Buds. These are terminal, when they ter- minate the axis ; axillary, when they spring from the axil of the leave's ; that is, from the point where the upper surface of the leaf joins the stem ; and adventi- tious, when they are developed from any other part. 15. Simple stems grow by the development of the terminal bud alone ; branch- ing stems expand indefinitely from the axillary buds also. The ultimate divis- ions of the branches are called branchlets. 16. The jointed stem of Grasses and similar plants is a Culm. 17. The thick and simple stem of the Palmetto is a Caudex. 18. A Rhizoma, or RootstocJc, is a perennial stem, commonly creeping on the ground, or beneath its surface, developing annually a bud at the apex, while the older portion decays. 19. A Tuber is a subterranean branch, excessively thickened by the deposition of starchy matter, and furnished with minute scales, having concealed buds (eyes) in their axils. 20. A Corm is a solid globular subterranean stem, filled with starchy matter, with a bud at the apex and roots below. 21. A Bulb is a short subterranean stem, made up of the thickened bases of leaves, in the form of persistent scales. It is tunicated or coated, when the scales are large and wrapped one within the other ; and scaly, when these are small and imbricated. Small aerial bulbs, such as are borne in the axil of the leaves of the Tiger-Lily, and among the flowers of the Onion, are called Bulblets. 22. A Stolon is a branch which bends to the- earth, strikes root, and forms a new plant. ELEMENTS OF BOTANY. 23. A Runner is a thread-like prostrate branch, producing roots and a tuft of leaves at its extremity. 24. Spines, or Thorns, arc imperfectly developed, leafless branches, with hard tips. 25. Tendrils are the thread-like spirally coiled branches of weak and slender plants, by means of which they attach themselves to other and stronger objects for support. Leaf-stalks and parts of the inflorescence are occasionally convert- ed into tendrils. 26. Plants which die down to the ground at the close of the season, or after maturing seed, are called Herbs, or Herbaceous Plants. Those with woody stems, lasting from year to year, when of humble size, are called Shrubs, and when reaching an elevation of twenty feet or more, Trees. * » 4. Internal Structure of Stems. 27. The stems of Phaenogamous Plants are composed of cellular tissue, woody tissue, and vessels ; and upon the arrangement of the latter are founded the two divisions of Exogenous and Endogenous Plants. 28. Exogenous stems consist of a central column, called the Pith ; an external covering, called the Bark ; and a middle portion, called the Wood. 29. Their Pith is a mass of cellular tissue, enclosed in a thin sheath of spiral vessels, termed the Medullary Sheath. 30. Their "Wood is composed of one or more layers of woody and vascular tissue, traversed by thin plates of cellular tissue, called the medullary rays, and annually increased, in all perennial stems, by the addition of a new layer to the outside of that of the previous year. The new wood is called the Alburnum, or Sap-wood, and the older and harder portion, the Duramen, or Heart-wood. 31. The Bark, like the wood, is made up of layers. The inner bark, or Liber, is composed chiefly of woody fibre. Between it and the wood, in the growing season, is secreted a thin mucilage, called the Cambium, in which the new layers of wood and bark are developed. Surrounding the inner bark is the Green bark, consisting of cellular tissue filled with Chlorophyll, or the green matter of veg- etables. Covering the whole is a thin membrane of cellular tissue, called the Epidermis, or Cuticle. 32. Endogenous stems exhibit no distinction of pith, wood, and bark ; but are composed of threads or bundles of woody tissue, irregularly embedded in cellular tissue. They increase in diameter by the formation of new bundles, which are chiefly directed to the centre of the stem. 5. The Lea-res. 33. Leaves are expanded appendages of the stem, developed from axillary and terminal buds. They consist of loose cellular tissue, supported by a net- work of woody and vascular tissue, called veins or ribs, and protected by the epidermis. In them the fluids received from the root, and what they imbibe from the air, through minute openings in the epidermis, called stomata, are con- verted into the proper food of the plant. 34. In the bud, they are folded, plaited, or coiled in various ways. This is termed their Vernation. XU INTRODUCTION. 35. A complete leaf comprises the Blade, the Stalk, and a pair of Stipules ; but these three parts are not always present in one leaf. 36. The Blade, Limb, or Lamina, is the expanded part, and presents a great variety of forms. It is simple, when it consists of a single piece, however cut or divided ; and compound^ when of two or more distinct pieces (leaflets), which separate by a joint. 37. The Stalk, or Petiole, connects the blade with the stem. When it is wanting, the leaf is said to be sessile. The stalk of a leaflet is called a PetioMe. 38. The Stipules are appendages of various forms, placed one on each side at the base of the petiole. They are separate, or else united with the petiole, or with each other, when they occasionally form a sheath (Ochrea) around the stem above. The stipules of a leaflet are called Stipels. 39. The manner in which the veins are distributed through the leaf is called Venation. 40. There are two modes of venation ; viz. parallel-veined, or nerved, when several simple veins, or ribs, run parallel from the base of the blade to its apex ; and reticulated, or netted-veined, when the veins divide into numerous primary and secondary branches (veinlets}, which again unite to form a kind of network. 41. The latter mode embraces both the pinnately veined, or feather-veined leaf, where the petiole is continued through the middle of the blade, giving off at in- tervals lateral veins ; and the palmately veined or ribbed leaf, when it divides at the apex into three or more strong branches. 42. The manner in which leaves are divided corresponds with that of their venation. 43. A simple pinnately veined leaf becomes pinnatiftd, when the incisions (sinuses) extend about half-way to the midrib, or continuation of the petiole ; and pinnately divided, when they extend down to the midrib. A compound pin- nately veined leaf is, of course, pinnate, with the separate leaflets arranged on each side of the common petiole. When this is terminated by a leaflet, the leaf is said to be odd-pinnate, or unequally pinnate, and when it is wanting, abruptly pinnate. 44. So, also, the palmately veined leaf becomes palmately cleft or divided, when the incisions are directed toward the base of the blade. "When the divis- ions consist of separate leaflets, it becomes palmately compound. 45. Floral leaves, or those from the axils of which the flowers are developed, are called Bracts; and those which are borne on the flower-stalk, Bractlets. 6. The Flower. 46. A Flower consists of those parts, or organs, which are concerned in the production of seed. Like the leaf, of which its parts are a modification, it is developed from an axillary or terminal bud. 47. The manner in which the flowers are arranged on the stem or branches is termed the Inflorescence. 48. There are two modes of inflorescence ; viz. the indefinite, or centripetal, where the flowers all arise from axillary buds, the lowest or outermost expand- ing first, while the axis elongates indefinitely from the terminal bud ; and the definite^ or centrifugal, where the flowers arise from the terminal bud, first, of the main axis, and successively from that of the branches. ELEMENTS OP BOTANY. xiii 49. When the flowers arise from the axil of the ordinary leaves of the stem, they are said to be axillary ; but oftener, they are disposed in a more or less obvious cluster, each arising from the axil of a greatly reduced leaf, or Bract. 50. The stalk of a solitary flower, or of a cluster of flowers, is termed the Peduncle; or, when it proceeds from the root, a Scape; and that of each indi- vidual of a cluster is called a, Pedicel. The main axis of a cluster, or that portion of the common peduncle which bears the flowers, is called the Rachis. 51. The indefinite inflorescence includes the Spike, Ament, Spadix, Raceme, Corymb, Umbel, Head, and Panicle ; the definite, the Cyme and its modifications. 52. The Spike consists of a more or less elongated rachis, with the flowers sessile, or nearly so, in the axils of the bracts. 53. The Ament, or Catkin, is the scaly deciduous spike of the Pine and Willow. 54. The Spadix is a spike with the flowers borne on a thick and fleshy rachis. It is naked, as in the Golden-club, or enclosed in a hood, called the Spathe, as in the Indian Turnip. 55. The Raceme presents the elongated rachis of the spike, but the flowers are raised on pedicels. 56. The Corymb is a short raceme, with the lower pedicels elongated, so as to bring their flowers to the same level as the upper ones. 57. The Umbel is a modification of the raceme, but with the rachis so much contracted, that the pedicels (rays) apparently spring from a common centre. When the umbel is compound, the partial umbels are termed Umbellets. 58. A Head is an umbel with sessile flowers. The crowded bracts of this and the preceding are collectively termed the Involucre, and those of the umbellets, the Involucel. 59. When the pedicels of a raceme or corymb are transformed into branches, either simple or successively divided, the inflorescence becomes a Panicle. 60. When the further growth of the axis is arrested by a single terminal flower, and from the axils below branches are developed, each terminated by a flower, and bearing branches in the same manner, the inflorescence is said to be cymose or centrifugal. But it presents several peculiar forms, occasioned either by the imperfect development, or by the entire suppression of some of its parts. Some, as the true Cyme, are short and expanded ; others are elongated, like the spike or raceme. In all, the flowers expand successively from the summit, downward, or from the centre, outward. 61. The Flower consists, commonly, of one or more whorls of leaves, called the Floral Envelopes, — of which the outer one is termed the Calyx, and the inner one the Corolla, — an inner whorl of thread-like organs, called the Stamens, and one or more central organs, called the Pistils. These are inserted on the apex of the axis, which here takes the name of Torus, or Receptacle. 62. The Floral Envelopes are sometimes wanting ; but the stamens and pis- tils, being the fertilizing organs, are, in all perfect flowers, always present. 63. The Calyx is composed of leaves (Sepals), usually of a greenish color, which are distinct, or united by their margins. When the floral envelopes con- sist of a single whorl only, it is always a calyx. b Xiv INTRODUCTION. 64. The Corolla is usually of a thinner texture than the calyx, and variously colored. Its leaves (Petals), when of the same number as the sepals, always alternate with them. They are also often united by their contiguous margins, to form a monopetalous corolla, 65. When the calyx and corolla are so nearly alike as not to be readily dis- tinguished, they are collectively termed the Perianth. 66. A flower is complete when all its parts are present ; incomplete, when the floral envelopes, or a part of them, are wanting ; perfect, when the stamens and pistils are borne in the same flower ; imperfect, or diclinous, when they are borne in separate flowers ; regular, when the sepals or petals are of uniform shape and size ; and irregular, when they are unlike in shape or size. 67. Imperfect flowers are further distinguished into monoecious, when those fur- nished with stamens (staminate or sterile flowers) and those furnished with pistils (pistillate or fertile jftowers ) are borne on the same plant ; dioecious, when they are borne on separate plants ; and polygamous, when both perfect and imperfect flow- ers are borne on the same or different individuals. 68. The manner in which the parts of the floral envelopes are arranged with respect to each other in the bud is termed their ^Estivation. They are valvate, when their contiguous margins meet, without overlapping ; induplicate, when these project inwardly ; reduplicate, when they project outwardly ; imbricated, when the margins of one overlap the adjacent margins of the two next within ; convolute, or twisted, when one edge of each piece covers the margin of the one next before it, and the other edge is covered by the margin of the one next after it ; and plaited, when the parts are folded lengthwise. 7. The Stamens. 69. A Stamen consists of a sac, called the Anther, and, usually, a stalk, called the Filament, by which it is supported. 70. They are hypogynous, when they are inserted on the receptacle ; perigynous, when on the calyx ; epigynous, when on the ovary ; epipetalous, when on the co- rolla; and gynandrous, when they are united with the style. They are, also, often combined with each other, either into one set (monadelphous), or into two, three, or more sets (diadelphous, triadelphous, &c.). 71. The Anther is composed, commonly, of two united cells, which open in various ways, and discharge a yellow, fertilizing powder, called the Pollen. The part which connects the cells is the Connective. 72. It is erect, or innate, when fixed by its base to the apex of the filament ; adnate, when fixed to the filament by its whole length ; versatile, when fixed by the middle to the apex of the filaments on which it turns as on a pivot ; introrse, when it faces inwardly toward the pistils ; and extrorse, when it faces outwardly toward the petals. Occasionally, they are united into a tube (syngenesious). 73. Between the stamens and the pistils is often a fleshy expansion, called the Disk. 8. The Pistils. 74. The Pistils occupy the centre of the flower. They are inserted, singly or in a whorl, on the receptacle ; or, when this is elongated or enlarged, they cover its surface. 9 ELEMENTS OF BOTANY. XV 75. A Pistil consists of three parts, — the Ovary, the Style, and the Stigma. 76. The Ovary is the lower and hollow portion, containing the Ovules, or ru- diments of seeds. ' 77. The Style is an extension of the ovary, commonly of its apex, which sup- ports th$ stigma. 78. The Stigma is commonly the apex of the style, or, when this is wanting, of the ovary, denuded of the epidermis. 79. When the pistil is composed of a single piece, or carpel, it is simple; but, oftener, it is compound, consisting of two or more carpels, united by their margins, or by their sides, which then form partitions or dissepiments, that divide the pistil into as many cells as there are carpels. 80. The line next the axis, or which corresponds to the united margins of a folded leaf, is called the Ventral Suture ; and that which corresponds to the mid- rib, the Dorsal Suture. 81. The Ventral Suture bears the ovules; and the line of their attachment is called the Placenta. This is central or axile, when it occupies the centre of the pistil, and parietal, when it is borne on its walls. 82. The Ovule is connected with the placenta by a cord, called the Funiculus. It consists of a central body, called the Nucleus, enclosed in two sacs, each with an opening at the apex, called the Foramen. The outer sac is termed the Primine, and the inner one the Secundine. The point where these parts unite is called the Chalaza. 83. The Ovule is orthotropous when the chalaza is next the placenta, and the apex at the opposite extremity ; campylotropous, when it curves on itself, so as to bring the apex near the chalaza ; anatropous, when it is inverted on its cord, to which it adheres ; the true apex pointing to the placenta, while the chalaza, or true base, points in an opposite direction ; and amphitropous, when it is half in- verted on its cord, its axis running parallel with the placenta. The adhering portion of the cord in the last two cases is termed the Raphe. 9. The Fruit. 84. The Fruit is the ovary, with its contents, brought to maturity. But dur- ing this process it sometimes undergoes important changes, either by the obliter- ation or abortion of some of its cells, partitions, or ovules, or by the formation of false partitions, or by various changes effected in its walls, or in the parts which surround them. 85. In some, the walls, or Pericarp, remain closed ; in others, they open, or are dehiscent in various ways, oftener splitting regularly into separate pieces, called Valves. 86. Many terms are employed to designate the different kinds of fruit, but only the following are in general use. 87. A Follicle is a simple fruit, opening along the ventral suture only; as the fruit of the Milkweed. 88. A Legume is a simple- fruit; opening at both sutures ; as in the Pulse Fam- ily. When it is divided across into closed joints, it is a Lament. 8.9. A Capsule is a dry compound fruit, opening in various ways. When it opens at the dorsal sutures, or into the cells, the dehiscence is said to be loculicidal; XVI INTRODUCTION. and septicidal, when it opens at the ventral suture, or through the partitions. When it opens transversely, the upper portion falling off entire, like a lid, the dehiscence is circumscissile. 90. A Silique is a slender two-valved capsule, with two parietal placenta con- nected by a persistent false partition. A short and broad silique is a Silide. These are peculiar to the Mustard Family. 91. A Pepo is the fleshy indehiscent fruit of the Gourd Family, with the seeds often embedded in the pulpy placenta. 92. A Pome is the indehiscent fruit of the Apple or Quince tribe, where the cells are enclosed in the enlarged and fleshy tube of the calyx. 93. A Berry is an indehiscent fruit, with the seeds embedded in soft pulp. 94. A Drupe consists of one or more hard or bony cells, called the Puta- men, covered with a fleshy or pulpy coat, called the Sarcocarp ; as the Peach, Holly, &c. 95. An Acheniwn is a small, dry, one-seeded, indehiscent fruit, the walls of which do not adhere to the enclosed seed. When these are closely united, it becomes a Caryopsis; or when the walls are thin and bladder-like, and open irregularly, a Utricle. 96. A Nut is a dry, indehiscent fruit, with hard or bony walls ; as the Acorn and Hickory-nut. 97. A Samara is a dry, indehiscent fruit, with its walls expanded into a wing ; as that of the Maple and Elm. 98. The collective fruit of the Pine is called a Cone or Strobile. 10. The Seed. 99. The Seed is the matured ovule, and contains the Embryo, or the rudiment of a future plant. The outer coat, or Integument, is called the Testa. It varies greatly in texture, and is occasionally furnished with hairs, which either cover the entire seed, or form a tuft ( Coma) at one or both extremities. 100. The terms employed in describing the ovule are chiefly applicable to the seed. The foramen of the ovule, which is closed in the seed, becomes the M- cropyle, and is always opposite the radicle of the embryo. The scar left on the seed by the separation of the cord is the Hilum. It is sometimes enveloped in a false covering, originating, during its growth, from the cord or from the pla- centa. This is called the Aril 101. The Testa includes either the embryo alone, or an additional nutritive substance, called the Albumen. 102. The Embryo consists of the Radicle, the Plumule, and the Cotyledons. 103. The Kadicle is the first joint of the stem. In germination, it elongates at one end to form the root, and at the other, from a minute bud (Plumule), to form the stem. It is inferior when it points to the base of the pericarp, and su- perior when it points to its summit. 104. The Cotyledons are the seed-leaves. The embryo of the Exogenous Plants bears two of these, placed opposite (rarely three or more in a whorl), while that of Endogenous Plants bears only one. Hence the former are called dicotyledonous, and the latter monocotyledonous. 105. When the embryo is exposed to the combined influence of air, heat, and moisture, it develops into a growing plant. This is termed Germination. ELEMENTS OF BOTANY. XV11 106. The preceding considerations refer solely to »Phamogamous Plants, or those which bear flowers, consisting of stamens and pistils, and produce seeds, which contain an embryo, or a rudiment of a future plant. 107. But there are plants of a lower grade, which do not bear flowers furnished with ordinary stamens and pistils, nor seeds containing an embryo, but in place of seeds they produce minute powdery bodies, called Spores. These are termed 11. Cryptogamous or Flowerless Plants. 108. The stems of the higher orders of Cryptogamous Plants — and these only are embraced in this work — exhibit nearly the same anatomical structure as those of Phsenogamous Plants. But they grow only from the apex, without any perceptible increase of diameter, and therefore are termed Acrogens or Point- growers, 109. The different orders presenting no common type, the habit, the mode of inflorescence, and the process of fertilization, so far as it is known, being different in all of them, the characteristics of each are more conveniently explained in the body of the work, and need not be enumerated here. 13. Classification* 110. Classification consists in the arranging of plants possessing like structure, habits, £c., into groups, designating them by proper names, and defining them by appropriate characters. 111. An assemblage of individuals which are so essentially alike as to indicate their descent from a common parent, and which preserve their characteristics when propagated from seed, is termed a Species. But circumstances connected with the growth of an individual may produce some deviation from its ordinary state, and it then becomes a Variety. 112. When the pistil of one species is fertilized by the pollen of another allied species, the result is a Hybrid. 113. An assemblage of species agreeing with one another in structure and ap- pearance constitutes a Genus. In the same manner, although with fewer points of agreement, genera are collected into Orders, or Families, and these, in turn, into 114. But each of these may include members that agree in some important points, which are not common to the others. Of such are formed the intermedi- ate divisions of Subgenera, Suborders, and Subclasses. 115. There are two modes or systems of classification; the Artificial System of Linnaeus, and the Natural System of Jussieu. 116. In the Artificial System, the Classes and Orders are founded on the num- ber, position, and connection of the stamens and pistils, regardless of any other relationship. In the Natural System, every part of the plant is taken into consid- eration ; and the Orders embrace those genera which agree with each other in the greatest number of important particulars. The latter system is now in almost universal use, and is the one adopted in this work. GLOSSARY OF BOTANICAL TEEMS. *** The numbers annexed to the names, or their definition, refer to the paragraphs of the preceding Sketch ; but those preceded by " Flora, p." refer to the pages of the Flora. Abortive : not fully developed. Abruptly pinnate, 43. Accumbent: Flora, p. 24. Achenium, 95. Achlamydeous : without floral envelopes. Acrogens: Flora, p. 585. Acuminate : tapering into a slender point. Acute : pointed. Adherent : growing fast to another body. Adnate : same as Adherent. Adnate Anthers, 72. Aerial Roots, 10. ^Estivation, 68. Air-Plants, 11. Aggregate : crowded together. Albumen, 101. Alburnum, 30. Alternate : scattered ; one after another. Alveolate : deeply pitted. Ament, 53. Amentaceous : bearing aments. Amphitropous, 83. Anatropous, 83. Androgynous : containing both staminate and pistillate flowers. Angiospermae : Flora, p. 1. Annual : lasting only one year. Annular : disposed in, or forming, a ring or circle. Anterior: applied to that part of an axil- lary flower which is farthest removed from the main axis. Anther, 71. Apetalous : without petals. Apiculate : tipped with a short abrupt point. Appendage : something added to a part. Appressed : lying near to ; pressed against. Aquatic : growing in water. Arborescent: tree-like. Areolation : spaces between the leaf-veins. Aril, 100. Arilled: covered with an aril. Armed: furnished with thorns, prickles, &c. Articulated: divided into joints; connect- ed by a joint. Ascending: ) curving outward and up- Assurgent: } ward. Attenuated : gradually narrowed. Auriculate: eared; bearing small lateral lobes. Awl-shaped : narrow and sharp-pointed. Awn : a rigid bristle-like appendage. Awned : bearing an awn. Axil : the point where the upper surface of the leaf joins the stem. Axillary : borne in the axil. Axis : the central line of a body; the part around which others grow. Baccate : berry-like ; juicy. Barbed: bearing rigid points which are directed backward. Bark, 31. Basal : belonging to the base. Beaked : ending in a stout point. Bearded : bearing tufts or lines of hairs. Bell-shaped : expanding from a short and rounded base, into a spreading border. Berry, 93. Bidentate : two-toothed. Biennial : lasting two years. Bifid : two-cleft. Bifoliolate : bearing two leaflets. Biglandular : bearing two glands. Bilabiate : two-lipped. Bipinnate : twice pinnate. Biternate : twice ternate. Bladders : small sacs filled with air. Blade : the expanded portion of a leaf,&c. Boat-shaped: see Carinate. Brachiate : with pairs of opposite branches spreading at right angles. Bract, 45. Bracted: furnished with bracts. Bractlet, 45. Bristle : a rigid hair. Bristly: beset with, or like, bristles. Brush-shaped: divided at the apex into numerous hairs or filaments. Bud, 14. Bulb, 21. Bulbous: shaped like a bulb. Bulblet, 21. GLOSSARY. xix Caducous : falling away early. Csespilfcse : growing in a tuft. Callous: thickened. Calyx, 63. Cambium, 31. Campanulate : see Bell-shaped. Campylotropous, 83. Capillary : hair-like. Capsule, 89. Capsular: relating to, or with the char- acters of a capsule. Carinate : keeled ; bearing on the back a sharp longitudinal ridge. Cariopsis, 95. Carpel : a single pistil, or one of the parts 01 a compound pistil. Carpellary : pertaining to a carpel. Carpophore: Flora, p. 157. Cartilaginous : hard and tough. Caruncle : an appendage of the hilum. Caudate: tailed. Caudex, 17. Caulescent: furnished with a stem. Cauline : pertaining to the stem. Cell : one of the cavities of the fruit or of the anther, £c. Celled: divided into cells. Cellular Tissue, 3. Centrifugal Inflorescence, 48. Centripetal Inflorescence, 48. Chaff: thin scales or bracts. Chaffy : furnished with chaff, or of the texture of chaff. Chalaza, 82. Channelled : with a deep longitudinal furrow. Character : a phrase employed to distin- guish a genus, &c. from all others. Chartaceous : of the texture of paper. Chlorophyll : the green matter of leaves, &c. Ciliate: fringed with a row of hairs. Circinate : rolled inward at the apex. Circumscissile, 89. Cirrhose : bearing tendrils ; tendril-like. Clasping : enclosing by its base, as a leaf the stem. Clavate: club-shaped. Claw : the stalk of a petal. Clawed : raised on a claw. Climbing: clinging to other objects for support. Club-shaped : terete and gradually thick- ened upward. Clustered: crowded. Coated Bulb, 21. Cobwebby: bearing fine loose hairs. Cochleate: coiled like a snail-shell. Coherent: growing together. Column : the axis of a compound pistil ; the united stamens of the Mallow Fam- ily ; the united stamens and pistil of the Orchis Family. Commissure: Flora, p. 157. Comose : bearing a coma, 99. Compound: composed of similar simple parts, 36. Compressed : flattened. Cone : the scaly fruit of the Pine. Confluent: running together. Conglomerate: heaped together. Conical: cone-shaped. Connate: growing together at the bas(\ as opposite leaves around the stem. Connective, 71. Connivent: brought near together. Continuous: in one piece; not jointed. Contorted: twisted; bent. Contorted aestivation: see Convolute. Contracted : narrowed ; not spreading. Convolute, 68. Cordate: heart-shaped. Coriaceous : of the texture of leather. Corm, 20. Corneous : hard like horn. Corniculate : bearing a horn or spur. Corolla, 64. Corymb, 66. Corymbose : branched like a corymb ; arranged in corymbs. Costate : ribbed. Cotyledons, 104. Creeping : prostrate, and rooting. Crenate : having sharp notches on the edge separated by rounded teeth. Crenulate : slightly crenate. Crested : bearing an elevated ridge. Crown: an appendage of the corolla at the base of the limb. Crowned : bearing anything at the apex. Cruciform : shaped like a cross. Crustaceous : hard and brittle, like a shell. Cryptogamous Plants, 107. Cucullate: see Hooded. Culm, 16. Cuneate : wedge-shaped. Cup-shaped: shaped like a bowl or cup. Cuspidate : ending abruptly in a sharp point. Cuticle 31. Cylindrical: round and of nearly equal thickness. Cyme, 60. Cymose : arranged in a cyme. Decandrous: having ten stamens. Deciduous : falling off at, or before, the close of the season. Declining: leaning to one side. Decompound : several times divided. Decumbent: prostrate, but ascending at the summit. Decurrent: with the edges extending be- low the main point of attachment. Definite : few ; a number easily counted. Definite Inflorescence, 48. Deflexed : bent downward. Dehiscence : the manner in which closed Dehiscent : opening regularly. Deltoid : triangular. Dentate : having sharp notches on the edge separated by coarse and spreading teeth. Denticulate: slightly toothed. INTRODUCTION. Depressed: flattened horizontally. Descending: directed downward. Diadelphous : collected in two sets. Diandrous : having two stamens. Dichlamydeous : having both calyx and corolla. Dichotomous : forked. Diclinous, 66. Dicotyledonous : having two cotyledons. Didymous: twin. Didynamous : having four stamens, with two of them longer than the others. Diffuse: loosely spreading. Digitate : when the apex of the petiole bears five or more leaflets. Dimorphous : of two forms. Dioecious, 67. Discoid: Flora, p. 184. Disk, 73. Also the central part of the head of composite flowers. Dissected : divided into many lobes. Distichous : two-ranked ; placed on oppo- site sides of the axis. Distinct: separate. Divaricate : widely spreading. Divided : parted nearly to the base. Dorsal : pertaining to back or outside. Dorsal Suture, 80. Downy: bearing soft short hairs. Drupe, 94. Drupaceous : with the characters of a drupe. "Duramen, 30. Dwarf: below the common size. Eared: see Auriculate. Echinate : beset with prickles. Elliptical : in outline twice as long as wide, broadest in the middle, and rounded at each end. Elongated: unusually long; extended. Emarginate : notched at the apex. Embryo, 102. Emersed : raised out of water. Endocarp : the inner layer of the pericarp. Endogenous (stems), 32. Enneandrous : having nine stamens. Ensiform : sword-shaped. Entire : with margins not toothed or di- vided. Epigynous, 70. Epiphytes, 11. Equilateral : equal-sided. Equitant (leaves) : two-ranked, with their bases clasped one within the other, and their sides facing the horizon. Erose : with the margin irregularly scal- loped, as if gnawed. Evergreen : lasting through the winter. Exogenous, 28. Exserted : protruding out of the surround- ing parts. Exstipulate: without stipules. Extrorse Anthers, 72. Falcate : scythe-shaped. Family, 113. Fan-shaped : folded or plaited like a fan. Farinaceous : mealy. Fascicle > a cluster. Fascicled: collected in a cluster. Fastigiate : rising to the same level ; flat- Feather-veined, 41. Female (flowers) : bearing only pistils. Ferruginous : of the color of iron-rust. Fertile : bearing fruit. Fibre, 4. Fibrous Roots, 8. Fiddle-shaped : oblong in outline, and contracted in the middle. Filament, 69. Any thread-like part. Filamentose : bearing or composed of threads. Filiform: thread-like. Fimbriate : with the margin cut into a fringe. Fistulous : hollow. Fleshy : soft and juicy. Flexuous: zigzag; bent outward and in- ward. Floating: resting on the surface of the water. Floccose : bearing tufts of deciduous hairs. Flora : a systematic description of the plants of a country. Floral : belonging to the flowers. Floret : one of the flowers of a cluster. Flower, 61. Flowering Plants, 106. Flowerless Plants, 107. Foliaceous: leaf-like. Foliolate : bearing leaflets. Follicle, 87. Follicular : like a follicle. Forked : divided into two branches. Free: separate; disconnected. Fringed: see Ciliate. Frond : the leaf of a Fern. Fructification : the fruiting state. Fruit, 84. Frutescent: shrubby. Fugacious : continuing for a short time. Fulvous: tawny. Funiculus, 82. Funnel-shaped : gradually dilated upward from a tubular base. Furrowed : grooved lengthwise. Fusiform : spindle-shaped ; broadest in the middle, and tapering at each end. Geminate: by pairs. Geniculate : bent abruptly. Genus, 113. Germination, 105. Gibbous : puffed out. Glabrous : free from roughness, or hairs. Glands : small knobs or excrescences. Glandular: bearing glands. Glaucous : covered with a minute whitish powder. Glomerate : collected in a close cluster. GLOSSARY. xxi GlumaceoTis : glume-like, or bearing glumes. Glumes : the scale-like bracts, &c. of grasses and sedges. Granular: covered with grains. Gymnospermous Plants: Flora, p. 431. Gynandrous, 70. Habit: the general appearance of a plant. Habitat : the native situation of a plant. Hairs : hair-like appendages of the cuticle. Hairy: furnished with hairs. Hastate or Halberd-shaped : dilated at the base into two spreading lobes. Heart-shaped : ovate, with a sinus at the base. Heptandrous : having seven stamens. Herb, 26. Herbaceous, 26 ; of the color and texture of a leaf. Herbarium : a collection of dried plants. Hilum, 100. Hirsute : beset with coarse hairs. Hispid : beset with rigid hairs. Hoary: grayish- white. Homogeneous : uniform in substance. Hooded : rolled inward or arched. Horn : an appendage like a horn. Horny : of the texture of horn. Hyaline : thin and nearly transparent. Hybrid, 112. Hypogynous, 70. Imbricated, 68. Imperfect (flowers), 66. Incised: cut into notches or lobes. Included : enclosed ; opposed to Exserted. Incumbent: Flora, p. 24. Incurved: bending inward. Indefinite : numerous; not readily counted. Indefinite Inflorescence, 48. Indehiscent: not opening. Indigenous : native to a country. Induplicate : folded inward. Indusium: Flora, p. 586. Inferior: below, 103. Inflated: puffed out, as if distended with air. Inflexed: bent inward. Inflorescence, 47. Innate (anther), 72. Inserted on: used in the sense of growing from a part. Insertion : the mode of attachment. Internodes, 14. Interrupted : not continuous ; not jointed. Interruptedly pinnate : with smaller leaf- lets between the Larger ones. Intervals : Flora, p. IpY Introrse (anthers), 72.' Introduced : brought from another coun- try. Inverted : turned upside down. Involucel, 58. Involucre, 58. Involute : with the margins rolled inward. Irregular (flowers), 66. Jointed : separating across into pieces ; furnished with joints. Keel: a sharp longitudinal ridge on the ^ back of an organ ; Flora, p. 86. Keeled: see Carinate. Kidney-shaped : heart-shaped, but the width greater than the length. Labellum: the odd petal (lip) of the Or- chis Family. Labiate: divided into an upper and lower lobe or lip. Laciniate : divided into irregular lobes. Lamellate : formed of thin plates. Lamina: the blade of a leaf, &c. Lanceolate : lance-shaped. Lanuginous: woolly. Lateral: placed at, or pertaining to the side. Leaf, 33. Leathery: see Coriaceous. Legume, 88. Lenticular: like a double-convex lens. Liber, 31. Ligulate: strap-shaped. Ligula: Flora, p. 545. Limb : the expanded part of a leaf, &c. Linear : long and narrow, with parallel margins. Lip : see Labellum and Labiate. Lobe : one of the parts of a divided body. Loculicidal, 89. Lunate : crescent-shaped. Lyrate : pinnatifid, with the upper lobes enlarged. Marginal : borne on, or pertaining to, the edge or margin. Medullary Rays, 30. Medullary Sheath, 29. Membranous : of the texture of mem- brane. Mericarp : Flora, p. 157. Micropyle, 100. Midrib: the prolongation of the petiole through the limb of a leaf. Monadelphous, 70. Monandrous : bearing one stamen. Moniliform : bearing short joints ; like a string of beads. Monochlamydeous : bearing only one row of floral envelopes. Monocotyledonous, 104. Monoecious, 67. Monopetalous : with the petals united into one piece. Monosepalous : with the sepals united into one piece. Mucronate: tipped with an abrupt slen- der point. Muricate : beset with hard wart-like pouits. Naturalized : introduced, but propagat- ing freely by seed. XX11 INTRODUCTION. Necklace-shaped: see Moniliform. Nectary: any honey-bearing part. Nerved (leaves), 40. Netted-veined, 40. Neutral (flowers): without stamens and pistils. Nodding: turning outward or downward. Nodes, 14. Nodose : knotty. Nut, 96. • Nutlet: same as Achenium. Obcordate : inversely heart-shaped. Oblanceolate : inversely lance-snaped. Oblique : unequal-sided. Oblong: narrower than Elliptical, with nearly parallel margins. Obovate: egg-shaped, frith the narrow end downward. Obtuse: blunt; not pointed. Ochrea, 38. Octandrous : having eight stamens. One-sided : borne one side of the axis. Opaque: dull. Opposite : placed directly against each other, as leaves on the stem; placed before, as stamens before the petals. Orbicular: circular. Organs, 6. Orthotropous, 83. Oval: same as Elliptical. Ovary, 76. Ovate: egg-shaped. Ovoid : a solid with an oval outline. Ovule, 76. Palate : a prominence at the throat of some bilabiate flowers. Palea: Flora, p. 545. Palmate: hand-shaped; when the lobes or divisions spread from a common centre. Palmately-veined, 41. Panicle, 59. Papery : of the texture of paper. Papilionaceous (flower): Flora, p. 86. Papillose : studded with minute wart-like prominences. Pappus : the limb of the calyx of com- posite flowers. Parallel-veined, 40. Parasitical : supported and nourished by other plants. Parietal, 81. Parted : divided nearly to the base. Partial : pertaining to the parts of a com- pound organ. Pectinate : cut into fine parallel lobes. Pedate : nearly as palmate, but with the lateral lobes divided. Pedicel, 50. Pedicelled : raised on a pedicel. Peduncle, 50. Peduncled: raised on a peduncle. Peltate : fixed to the stalk at a point within the margins. Pendent: hanging, drooping. Pendulous : somewhat drooping. Penicillate: see Brush-shaped. Pentandrous : having five stamens. Pepo, 91. Perennial : lasting from year to year. Perfect Flowers, 66. Perfoliate : growing around the stem. Perianth, 65. Pericarp : the walls of the fruit. Perigynium : Flora, p. 532. Perigynous, 70. Persistent : remaining late, as opposed to deciduous. Personate : bearing a palate. Petal, 64. Petaloid : petal-like ; colored like a petal. Petiole : the stalk of a leaf. Petioled : borne on a petiole. Petiolule : the stalk of a leaflet. Petiolulate : raised on a petiolule. Phsenogamous Plants, 106. Pilose : beset with stiff straight hairs. Pinnse: the primaiy divisions of a pin- nately compoundleaf. Pinnate, 43. Pinnately divided, 43. Pinnules: the secondary divisions of a pinnately compound leaf. Pistil, 74. Pith, 29. Pitted : marked with fine indentations. Placenta, 81. Plaited, 68 ; folded lengthwise. Plumose : feathery. Plumule, 103. Pollen, 71. Pollinia: the pollen-masses of the Milk- weed. Polyandrous : bearing many stamens. Polypetalous and Polysepalous : applied to a corolla or calyx with separate petals or sepals. Polymorphous : of various forms. Pome, 92. Prickles : sharp and rigid appendages of the cuticle. Prickly: beset with prickles. Primine, 82. Prismatic : angular, with flat sides. Process : a prominence or projection. Procumbent : resting on the ground. Produced: prolonged. Proliferous: where a cluster of flowers arises out of another cluster. Prostrate: see Procumbent. Pubescence : hairiness in general. ' Pubescent: hairy or downy. Pulverulent : covered with fine powder. Punctate: dotted. Pungent : ending in an abrupt hard point. Pyramidal : pyramid-shaped. Pyriform : pear-shaped. Quinate : bearing five leaflets. Raceme, 55. Rachis, 60. GLOSSARY. xxiii Rays 57 > ^e marSmal flowers a head or cyme • the partial stalks of an umbel. Radiate 'or Radiant: bearing rays; di- vergino- from a centre. Radical :°near or belonging to the root. Radicle, 103. Raphe, 83. Receptacle. 61. Reclining: leaning or falling to one side. Renewed! : } bent graduaUv backward' Refracted: bent abruptly backward, as if broken. Regular: of uniform shape and size. Reniform: see Kidney-shaped. Repand: wavy. Resupinate : turned upside down. Reticulate : disposed in little spaces, like network. Revolute: rolled backward. Rhizoma, 18. Rhombic or Rhomboidal : diamond- shaped. Ribs, 33 ; longitudinal ridges. Ribbed: bearing ribs. Root, 7. Rootlet, 7. Rootstock, 18. Rostrate: beaked. Rotate: wheel-shaped; with a short tube and a spreading limb. Rudimentary : imperfectly developed. Rugose : uneven ; wrinkled. Ruminated (albumen) : divided into lobes. Runcinate : same as lyrate, but with the lobes directed backward. Runner, 23. Sagittate : arrow-shaped. Samara, 97. Scabrous: rough. Scales : reduced leaves, or any small and thin appendage. Scaly: beset with scales; of the texture of scales. Scape, 50. Scarious : very thin and colorless. Scurfy : covered with minute scales. Secund: one-sided. Seed, 99. Segment: one of the parts of a divided leaf, &c. Sepal, 63. Septicidal, 89. Serrate : with the margin cut into teeth like a saw. Serrulate : finely serrate. Sessile : not raised on a stalk. Setaceous : bristle-like. Sheath: the base of a leaf when it is wrapped round the stem. Sheathing : enclosing the stem like a sheath. Shield-shaped : see Peltate. Shrub, 26. Silicle and Silique, 90. Silky: clothed with fine appressed shin- ing hairs. Silvery: white and shining. Simple: of one piece. Sinuate : with the margins cut into rounded incisions (sinuses) which are separated by rounded lobes. Solitary : standing alone. Sorus : the fruit cluster of ferns. Spadix, 64. Spathe, 54. Spatulate : dilated into a broad and rounded summit, from a slender base. Species, 111. Specific : pertaining to a species. Spike, 52. Spikelet: a small spike, or a branch of a spike. Spindle-shaped: see Fusiform. Spine, 24. Spiny : armed with spines ; spine-iike. Spiral Vessels, 5. Sporangia: Flora, p. 585. Spores: Flora, p. 585. Spur: a hollow appendage of the calyx or the corolla. Spurred: furnished with a spur. Squarrose : covered with spreading scales. Stamen, 69. Staminate : bearing stamens. Standard: Flora, p. 86. Stellate or Stellar : radiating from a common centre. Stem, 13. Stemless, 13. Sterile: unfruitful; imperfect. Stigma, 78. Stigmatic : belonging to the stigma. Stipe: the stalk of an ovary or of a fern- leaf. ' Stipel 38. Stipellate: furnished with stipels. Stipule, 38. Stipulate : furnished with stipules. Stolon, 22. Stoloniferous : bearing stolons. Stomata, 33. Strap-shaped : long and flat, with par- allel margins. Striate : marked with fine furrows. Strigose : bristly with rigid appressed hairs. Strobile, 98. Style, 77. Subulate : awl-shaped. Sulcate: marked with deep furrows. Suspended: hanging. Suture, 80. Syngenesious, 72. System, 115. Tap-root, 8. Tendril, 25. Terete: cylindrical; round. Ternate : of three leaflets ; three in a whorl. xxiv INTRODUCTION. Testa : the covering of the seed. Tetramerous : in parts of four. Tetrandrous : having four stamens. Thorn, 24. Throat: the orifice of a tubular corolla, calyx, &c. Tomentose : clothed with a close velvety pubescence. Toothed: see Dentate. Top-shaped : like an inverted cone. Torose, or Torulose: knotted; knobby. Torus, 61. Tree, 26. Triandrous : having three stamens. Tribe : a subdivision of an order. Trichotomous : dividing into three branches. Trifoliolate : bearing three leaflets. Truncate : ending abruptly, as if cut off. Tube : the united part of a calyx or co- rolla. Tuber, 19. Tubercle : a wart-like appendage ; Flora, p. 604. Tubercled : bearing tubercles, or crowned with a tubercle. Tuberous : like a tuber. Tubular: shaped like a tube. Tumid: swelled; thickened. Tunicated Bulb, 21. Twin : in pairs ; a pair united. Twining : rising by coiling around a support. Umbel, 57. Umbelled: arranged in an umtel. Umbellet, 57. Unarmed : destitute of thorns, prickles,&c. Uncinate : hooked. Undulate : wavy. Unequally pinnate, 43. Unguiculate : clawed. Unifoliolate : bearing a single leaflet. Urceolate : urn-shaped ; pitcher-shaped. Utricle, 95. Utricular : formed like a utricle. Valve, 85. Valvate, 68 : opening by valves. Variety, 111. Vascular Tissue, 5. Vaulted : arched. Veins, 33. Veiny : furnished with reticulated veins. Veinlets : the ultimate branches of veins. Venation, 39. Ventral Suture, 80. Ventricose : inflated. Vernation, 34. Versatile, 72. Vertical : with the edges directed upward and downward, and the sides facing the horizon. Vessels, 2. Vexillum : Flora, p. 86. Villous : woolly. Virgate : wand-like ; long and slender. Viscid : clammy ; glutinous. Vittse : Flora, p. 157. Waxy : like beeswax. Wedge-shaped : broad at the summit, and tapering regularly to the base. Wheel-shaped: see Rotate. Whorl : a collection of parts arranged in a ring or circle. Whorled : disposed in a whorl. Wing : Flora, p. 86 ; any thin expansion. Winged : furnished with wings. Wood, 30. Woody : of the texture of wood. Woody Fibre or Woody Tissue, 4. Woolly : clothed with long and dense soft hairs. ABBREVIATIONS OF THE NAMES OF AUTHORS. Adans. = Adanson. Good. = Goodenough. Ait. Alton. Griseb. Grisebach. All. Allioni. Gronov. Gronovius. Andr. Andrews. Haw. Haworth. Am. Arnott. H. B. K. Humboldt, Bonpland, and Aubl Aublet. Hoff. Hoffmann. [Kunth. BaUw. Baldwin. Boole. Hooker. Bartr. Bartram. Houst. Houston. Beauv. Palisot de Beauvois. Huds. Hudson. Benth. Bentham. Jacq. Jacquin. Bigel Bigelow. Juss. Jussieu. Boerh. Boerhaave. L. or Linn. Linnaeus. Brongn. Brongniart. Lag. Lagasca. Buckl. Buckley. Lam. Lamark. Cass. Cassini. Lehm. Lehmann. Catesb. Catesby. VHerit. L'Heritier. Cav. Cavanilles. Lindl Lmdley. Chapm. Chapman. Marsh. Marshall. Chois. Choisy. Mart. Martius. Darl. Darlington. Mey. Meyer. DC. De Candolle. MlcTix. Michaux. A. DC. Alphonse de Candolle. Michx.f. Michaux the younger. Desf. Desfontaines. Mitt. Miller. Desv. Desveaux. Mcench. Moenchausen. Dew. Dewey. Muhl. Muhlenberg. Dili. Dillenius. Murr. Murray. Ehrh. Ehrhart. NecTc. Necker. Ell. EUiott. Nees. Nees von Esenbeck. Endl Endlicher. Nutt. Nuttall. Engelm. Engelmann. Panz. Panzer. Fisch. Fischer. Pers. Persoon. Forsl. Forster. Plum. Plumier. Gcert. Gsertner. Pair. Poire t. Gaud. Gaudin. Raf. Kafinesque. Ging. Gingins. R.Br. Robert Brown. Gmel Gmelin. R.$S. Koemer & Schultes. €• XXVI INTRODUCTION. Rich. Salisb. Schk. Schrad. Schreb. Schw. Scop. Shuttlw. Suttiv. Torr. Richard. Salisbury. Schkuhr. Schrader. Schreber. Schweinitz. Scopoli. Shuttleworth. Sullivant. Torrey. Tourn. Trin. Tuck. Vent. Wahl Wang. Walt. Wattr. Wendl. Willd. Tournefort. Trinius. Tuckerman. Ventenat. Wahlenberg. Wangenheim. Walter. Wallroth. Wendland. Willdenow. IV. SIGNS USED IN THIS WORK. (1) An annual plant. (D A biennial plant. 1|. A perennial plant. 0 The length in feet; as, " 2° long," two feet long. ' The length in inches; as, "2' long," two inches long. " The length in lines; as, " 2" long," two lines long. (*) Placed at the end of a specific character, denotes that the species is not well known. Two adjectives connected by a hyphen denote a form intermediate between the two; as, "ovate-lanceolate," between ovate and lanceolate. Two figures connected by a dash, as " stem 4°- 6° long," denote that the length of the stem varies from four to six feet. n. sp. ) indicate that the species, or genus, is new, or has not been previously n. gen. ) characterized. V. DIRECTIONS TO THE STUDENT. HAVING acquired a general knowledge of the principles of botany, and of the meaning of the peculiar terms employed in the science, the student proceeds to study or analyze plants, with a view to determine their names, and the place the} occupy in the system. His chief difficulty, at the outset, will be to ascertain to which one of the 164 natural orders or families contained in this work the plant he may have in hand belongs. Were he to attempt to compare it with the characters of each order successively, the task would be tedious and discouraging. To obviate this, and to enable him to refer any unknown plant directly to its proper place in the Flora, some guide, such as is supplied by the following An- alysis of the Natural Orders, will be necessary. One or two examples will best explain its use. Suppose we have in hand a flowering branch of the Linden-Tree or Bass- wood. Turning to the Analysis on page xxix., we compare it, first, with the SERIES of PELENOGAMOUS PLANTS, with which we find it to agree in having flowers. Then, dividing the branch across, we see if it is made up of pith, wood, and bark ; if the leaves are netted-veined ; and if the floral envelopes are in fours or fives. Exhibiting these peculiarities, it doubtless belongs to the CLASS OF DICOTYLEDONOUS PLANTS ; although, in consequence of the minuteness of the seed, we have not been able to ascertain the number of the cotyledons. We next see if the ovules are contained in an ovary. This being clearly the case, it comes under the SUBCLASS of ANGIOSPERMOUS PLANTS. The double floral envelopes, and the separate petals of the corolla, carry it to the POLYPET- ALOUS DIVISION. Our attention is next directed to the insertion of the stamens and petals, — whether on the calyx, or hypogynous. In our plant they are hypogynous. Then, if the stamens are more than twice as many as the petals. They are so in ours. Then, if the leaves are opposite or alternate. In ours they are alter- nate. Then, if the ovaries are more than one, or solitary and 1 -celled, or soli- tary and 2 - many-celled. In ours they are solitary and 5-celled; bringing it under the last alternative. Then, if the stamens are in any way connected XXV111 INTRODUCTION. with the petals, or free from them. la ours they are free. Lastly, whether they are united into a tube, or in clusters, or are all separate. In ours they are ere united in five clusters, and the sepals are deciduous. This brings our plant to the natural order, TILIACEJE, 59, — the number referring to the page of the Flora where the order is described. Turning to that page, and comparing our plant with the character of the order, we notice their agreement. We then proceed to find the name of the genus. This is readily done, in this instance, by comparing the plant with the two genera comprised in this order. With the first it will be found to agree in every particular, and therefore we need not carry it further. We find, then, the plant in question to be a species of the genus TILIA, so named by Tournefort, and commonly called Linden or Basswood. Again, suppose the plant under consideration to be the common Bear-Grass. Having flowers, it is, of course, Phcenogamous. But, cutting across the stem, we find, in the place of pith, wood, and bark, a white mass of cellular tissue, stud- ded with minute points, which are the ends of the divided threads of woody fibre ; the veins of the leaf run parallel from the base to the apex ; the floral envelopes are in two rows of three each ; and the embryo, if examined, will be found to have but one cotyledon. In these respects, our plant differs widely from the Class of Dicotyledonous Plants, and we therefore turn to its alterna- tive, the CLASS of MONOCOTYLEDONOUS PLANTS, on page xxxvii. of the Anal- ysis, which, we observe, includes plants possessing these characters. 'Our plant, having the floral envelopes double, and not glumaceous, falls under the second heading, marked with two stars ( *= •* ). Proceeding as in the former example, and carefully comparing the plant with the analysis that follows, we see, first, if the ovary is adherent with, or free from, the perianth. In ours it is free. Then, if the perianth is single, or double. In ours it is double. Then, if the calyx and corolla are alike or unlike. In ours they are alike. Then, if the leaves of the perianth are glume-like, or otherwise. In ours they are not glume-like. Then, if the leaves are netted-veined or par- allel-veined. In ours they are parallel-veined. Then, if the capsule is 1 -celled, or 3 - 6-celled. In ours it is 6-celled. Lastly, if the anthers are introrse or ex- trorse. In ours they are introrse. This brings us to the natural order LILIACE.E, described on page 480 of the Flora. It contains ten genera, belonging to three tribes, the characters of which are briefly given in the Synopsis. Our plant, by its capsular fruit, the separate divisions of the perianth, and leafy stem, comes under the third tribe, TULIPA- CEJE. Of the two sections, marked with a star ( * ), our plant belongs to the second ; having a Palm-like stem. No. 10, Yucca, alone remains ; and to it our plant must belong. Turning to page 485, where this genus is more fully described, we find it to embrace four species, divided into two sections based upon the character of the stem and capsule. The short stem (excluding the scape) and dry capsule of our plant belong to the former. It contains but one species, Y. filamentosa, L., which we therefore find to be the botanical name of the plant in question. VI. ARTIFICIAL ANALYSIS OF THE NATURAL ORDERS. SERIES I. PHJENOGAMOUS OR FLOWERING PLANTS. Plants furnished with flowers, consisting of stamens and pistils, and producing seeds which contain an embryo plant. CLASS I. DICOTYLEDONOUS OR EXOGENOUS PLANTS. Stem composed of bark and pith, with an interposed layer of woody fibre and vessels, and increasing in diameter, in all perennial stems, by the annual deposition of a new layer between the wood and bark. , Leaves netted-veined, commonly articulated with the stem. Floral en- velopes usually in fours or fives. Cotyledons two, rarely more. SUBCLAS* I. ANGIOSPERMOUS EXOGENOUS PLANTS. Ovules contained in an ovary, and fertilized by the action of the pollen, through the medium of a stigma. Cotyledons two. DIVISION I. POLYPETALOUS EXOGENOUS PLANTS. Floral envelopes double, consisting of both calyx and corolla ; the latter of separate petals. * Stamens and petals free from the calyx, hypogynous or nearly so. •t- Stamens more than twice as many as the petals. Leaves opposite, entire. Page Leaves dotted. Stamens separate. Stigma small. HYPERICACE^I, 38 Leaves dotless. Stamens united below. Stigma radiate-peltate. CLUSIAC1L3E, 42 Leaves alternate. Ovaries more than one, each 1-celled. Stems woody. Petals 6 or more, in two or more rows. Petals imbricated in the bud. Anthers 4-celled. Dioecious vines. MENISPERMACE.E, 15 Anthers 2-celled. Flowers perfect. MAGNOLIACE^, 12 Petals valvate in the bud. Fruit pulpy. Albumen ruminated. ANONACE^!, 14 Herbs. Ovaries embedded in the top of the large receptacle. NELUMBIACE.E, 18 Ovaries borne on the receptacle. Sepals and petals deciduous. RANUNCULACE^E, 2 Sepals and petals persistent. CABOMBACE^E, 18 XXX INTRODUCTION. Ovary solitary, 1-celled. Placenta central. Sepals 2, deciduous. Anthers introrse. PORTULACACE^E, 43 Sepals 5, persistent. Anthers extrorse. DROSERACE^, 38 Placentae parietal. Calyx persistent. Capsule 3-valved : placentae 3. CISTACE^E, 35 Calyx deciduous. Juice colored. Leaves simple, lohed. PAPAVERACEJE, 21 Juice watery. Placenta 1. Leaves 2 - 3-ternate. CIMICIFUGE^I, 2 Juice watery. Placentae 2. Leaves simple or trifoliolate. CAPPARIDACE^E, 31 Ovary solitary, 2 - many -celled. Stamens connected with the base of the petals. Stamens united in a column. Sepals valvate. MALVACEAE, 52 Stamens united in a ring. Sepals imbricated. CAMELLIACE^:, 60 . Stamens free from the petals. Stamens united into a tube. Sepals persistent. CLUSIACE^l, 42 Stamens united in clusters. Sepals deciduous. TILIACE^E, 59 Stamens separate. Ovary 5-celled. Leaves tubular. SARRACENIACE^E, 20 Ovary many-celled. Leaves flat. NYMPH fflACEJE, 19 •i- -t- Stamens twice as many as the petals. Ovaries more than one. Flowers dioecious. Fruit a drupe. Trees, with pinnate leaves. SIMARUBACE^, 67 Flowers perfect. Fruit dry, indehiscent, 1 - 3-seeded. Aquatic herbs. CABOMBACE.33, 18 Fruit a many-seeded follicle. Fleshy herbs. CRASSULACE.E, 149 Ovary solitary, 1-celled. Leaves alternate. Fruit a legume. Leaves stipulate. LEGUMINOS^, 86 Leaves opposite. Fruit a capsule, with parietal placentae. Leaves entire, dotted. HYPERICACELS:, 38 Fruit a capsule, with a free central placenta. Leaves dotless. CARYOPHYLLACE^;, 45 Fruit a drupe. Shrubs, with trifoliolate dotted leaves. BURSERACE2E, 67 Fruit a berry. Herbs, with two peltate lobed leaves. BERBERIDACE.E, 16 Ovary solitary, 2-celled. 9 Flowers irregular : stamens monadelphous. Capsule 2-seeded. POiYGALACE^I, 82 Flowers regular : stamens separate. Capsule long, many-seeded. TILIACE2E, 59 Ovary solitary, 3-celled. Shrubs, with alternate leaves. Flowers monoecious. Fruit 3-seeded, 3-valved. Stamens united. EUPHORBIACE^I, 399 Flowers perfect. Fruit 3-seeded, 3-winged, indehiscent. CYRILLACK3E, 272 Fruit many-seeded, 3-valved. ER1CACKE, 257 Ovary solitary, 4-celled. Stamens 8. Style single. Low fleshy root-parasites, with scale-like leaves. MONOTROPE^I, 258 A shrub, with alternate leaves and bractless flowers. CYRILLACE^E, 272 Styles 4. Flowers cymose. Capsule 4-lobed, spreading. CRASSULACE^l, 149 Ovary solitary, 5-celled. Stamens 10. Style single. Stamens monadelphous. Leaves alternate, pinnate. CEDRELACE^E, 62 Stamens separate. Leaves opposite, pinnate. ZYGOPHYLLACEJ3, 63 Stamens separate. Leaves alternate, simple. PYROLEJE, 258 Styles 5. Cells of the fruit separating into 1-seeded nutlets. GERANIACE^E, 6 Cells of the fruit united. Leaves trifoliolate. OXALIDACE^E, 6 Ovary solitary, 7-celled. Anthers opening by terminal pores. ERICACEAE, 257 Ovary solitary, 10- 12-celled. Leaves opposite, abruptly pinnate. ZYGOPHYLLACE.E, 63 +-4-4- Stamens exceeding the petals in number, but not twice as many. Ovary 1-celled. Petals 4 : stamens 6. Sepals 2. Flowers irregular. Embryo minute in fleshy albumen. FUMARIACE2E, 22 Sepals 4. Flowers regular. Embryo large. Albumen none. CAPPARIDACK&, 31 Ovary 2-celled. Petals 3. Stamens 8, monadelphous. Anthers 1-celled. POLYGALACEJE, 82 Petals*. Stamens 6. Fruit a silique or silicle. CRUCIFER^l, 23 ARTIFICIAL ANALYSIS OF THE NATURAL ORDERS. Ovary 3-cclled. Leaves opposite. , Petals 5. Stamens 9. Leaves simple, dotted. HYPERICACE2E, 38 Petals 4-5. Stamens 7. Leaves palmately 7-foliolate. SAPINDACEjiE 78 Ovary 3 - 4-celled. Leaves alternate. Petals 5-8. Stamens 10. Fruit indehiscent, 3 - 4-winged. CYRLLLACE2E, 272 •^ •*-•*- •*- Stamens (the fertile ones) as many as the petals. Ovaries more than one. Flowers monoecious. Stamens united into a 5-lobed disk. SCIIIZANDREyE, 12 Flowers dioecious. Anthers 4-celled. Leaves simple. MENISPERMACEJ5 15 Anthers 2-celled. Leaves pinnate, dotted. RUTACE.E, 66 Flowers perfect. Style terminal. Ovules pendulous. RANTJNCULACE^E, 2 Style lateral. Ovules erect. SURIANACE^E, 149 Ovary solitary, 1 -celled. Flowers irregular. Fruit a legume. Albumen none. LEGUMINOS^E, 86 Capsule 3-valved. Albumen fleshy. "VTOLACES!, 32 Flowers regular. Flowers monoecious ; the fertile ones apetalous. Fruit utricular. EUPHORBIACE2E, 399 Flowers perfect. Stamens opposite the petals. Anthers opening by uplifted valves. BERBERIDACE^E, 16 Anthers opening lengthwise. Stamens and petals 3. Stigmas many-parted. CISTACE^E, 35 Stamens and petals 5. Leaves a pair, opposite. Capsule 3-valved, few-seeded. PORTULACACE^, 43 Leaves alternate, numerous. Capsule 2-valved. BYTTNERIACE^E, 58 Leaves at the base of a naked stem. Fruit a utricle. PLUMBAGINACE^l, 278 Stamens alternate with the petals. Leaves opposite, dotted, exstipulate. Albumen none. KYPERICACE^E, 38 Leaves opposite or whorled, dotless, stipulate. Albumen present. ILLECEBRE2E, 45 Leaves alternate. Capsule 1-celled. Leaves compound. Fruit a legume. MIMOSE-ZE, 88 Leaves simple. Stamens with sterile ones between. PARNASSIACE^E, 37 Sterile stamens none. DROSERACE^E, 36 Ovary solitary, 2-celled. Trees or shrubs. Fruit a double samara. Leaves simple, opposite. ACERACE^I, 80 Fruit a single samara. Leaves trifoliolate, alternate. RUTACEJ3, 66 Fruit a berry. Leaves palmately 5-foliolate. VITACE^E, 70 Fruit a drupe. Flowers perfect, racemose. Stamens 5. CYRILLACE^I, 272 Flowers dioecious, clustered. Stamens 2. EMPETRACEJE, 410 Ovary solitary, 3-celled. Stamens united, the alternate ones sterile. GALACINE^!, 268 Ovaries 4-celled, aggregated into a head. Dioecious. BATIDACE^!, 411 Ovary 5-celled. Style single. Petals stalked. BYTTNERIACEJ3, 58 Ovary 5-celled, or falsely 10-celled. Styles 5. Petals sessile. LINAGES, 62 4- H- -i- •»- H- Stamens fewer than the petals. Stamens 2. Petals 4, cruciform. Fruit a silicic. CRUCIFER^, 23 Stamens 2 -3. Petals 5. Flowers regular. Leaves opposite. CARYOPHYLLACE&, 45 Stamens 4. Petals 5. Flowers irregular. Leaves alternate. KRAMERIACE.E, 86 * * Stamens and petals inserted on the calyx, or on a more or less perigynous disk. 4- Calyx not adherent to the ovary. •H- Stamens as many as the petals. Stamens monadelphous around the stalk of the ovary. PASSIFLORACEJE, 147 Stamens separate, opposite the petals. Calyx truncate. Ovules 2 in each cell. Woody vines. VTTACE^E, 70 Calyx valvate. Ovules single in the cells. Trees or shrubs. RHAMNACEJE, 72 XXX11 INTRODUCTION. Stamens separate, alternate with the petals. Herbs. Leaves alternate. Calyx deciduous. Capsule 1-celled. Leaves opposite. Calyx persistent. Capsule 2 - 4-celled. Trees or shrubs. Fruit a double samara. Leaves opposite. Styles 2. Fruit a drupe. Ovary 1-celled. Albumen none. Ovary 2 - 5-celled. Seeds with albumen. ) Fruit a capsule. Capsule fleshy. Seeds arilled. ) Capsule 3-celled, inflated. Leaves trifoliolate. Capsule 2-celled, 2-beaked. Leaves simple. TURNERACE^!, 146 LYTHRACE^E, 133 ACERACE^;, 80 ANACARDIACE^I, 68 CELASTRACE.E, 75 STAPIIYLEACE2E, 77 ESCALLONIE^, 151 •H- -H- Stamens more numerous than the Ovaries more than one. Leaves alternate, stipulate. Leaves alternate, exstipulate. Succulent herbs. Leaves opposite, exstipulate. Sepals and petals numerous. Ovary solitary, 1-celled. Fruit a drupe. Style arising from the base of the ovary. Style terminal. Ovules pendulous. Fruit a legume. Flowers mostly irregular. Ovary solitary, 2 - 5-celled. Style single. Leaves simple, opposite or whorled. Leaves compound, dotted. Petals valvate. Leaves compound, dotless. Petals imbricated. Styles 2. Leaves alternate. Fruit a capsule. Leaves opposite. Fruit a double samara. Styles 2-3, each 2 - 3-parted. Capsule 2 - 3-celled. Styles 3, entire. Petals clawed. Fruit a drupe. petals. ROSACES, 117 CRASSULACE^l, 149 CALYCANTHACE^, 129 CHRYSOBALANEJ3, 118 AMYGDALE.E, 118 LEGUMINOS^, 86 LYTHRACE^, 133 BURSERACE^!, 67 SAPINDACE^I, 78 SAXIFRAGACE.E, 151 ACERACE^E, 80 EUPHORBIACE^E, 399 MALPIGIIIACE^, 81 Herbs. Ovary 1-celled. •i- •<- Calyx adherent to the ovary. Capsule and 2-lobed calyx circumscissile. PORTULACACE^I, 43 Capsule 3-valved. Calyx 5-parted. Leaves rough. LOASACE.E, 146 Ovary 2 - 6-celled. Style single. Anthers opening by a terminal pore. Leaves ribbed. MELASTOMACE^I, 131 Anthers opening lengthwise. Leaves ribless. Styles or stigmas 2 or more. Flowers umbelled. Fruit dry, separating into 2 pieces. Fruit berry-like, of 2 - 5 nutlets. Flowers not umbelled. Flowers perfect. Fruit capsular. Leaves alternate. Flowers monoecious. Fruit nut-like. Leaves whorled. Shrubs or trees. Leaves opposite. Fruit dry, variously dehiscent, many-seeded. Fruit indehiscent, 1 - 2-seeded. Stipules between the petioles. Stipules none. Leaves dotted. Stamens numerous. Leaves dotless. Stamens 4. Ovary 2-celled. Leaves dotless. Stamens 10. Ovary 1-celled. Leaves alternate. Flowers umbelled. Leaves compound. Flowers not umbelled. Leaves stipulate. Fruit fleshy or baccate, indehiscent. Fruit dry, woody, 2-valved. Leaves exstipulate. Flowers dioecious. Drupe baccate. Sterile flowers apetalous. ONAGRACEJ3, 137 UMBELLIFER^I, 157 ARALIACE^I, 166 SAXIFRAGACEJ3, 151 HALORAGE^;, 137 HYDRANGEA, 151 RHIZOPHORACE^:, 135 MYRTACE^l, 130 CORNACE^:, 167 COMBRETACEJE, 136 ARALIACE.E, 166 POME^, 118 IIAMAMELACE^, 156 CORNACE.E, 167 ARTIFICIAL ANALYSIS OP THE NATURAL ORDERS. Flowers perfect. Ovary 3-celled. Fruit a 2-winged nut. » Ovary 2 - 5-celled. Fruit a 1 - 5-seeded berry. } STYRACACEJ3, 270 Ovary 1-celled, with two parietal placentae. GROSSULACE^!, 145 Ovary 1-celled, with numerous placentae. CACTACK&, 144 DIVISION II. MONOPETALOUS EXOGENOUS PLANTS. Floral envelopes double, consisting of both calyx and corolla ; the latter of more or less united petals. * Calyx free from the ovary. •»- Flowers regular. •H- Fertile stamens fewer than the lobes of the corolla. Fruit a 1-seeded fleshy drupe. Evergreen shrubs or trees. OLEACEJE, 368 Fruit separating into 2-4 nutlets. Ovary 4-lobed ; the style rising from between the lobes. LABIATE, 310 Ovary not lobed ; the style terminal. VERBENACE.E, 305 Fruit a 2-celled capsule. Capsule circumscissile. Leaves alternate, radical. PLANTAGINACEJ5, 277 Capsule 2-valved. Corolla-lobes imbricated in the bud. SCROPHULARIACE^, 287 Corolla-lobes twisted in the bud. ACANTHACK3E, 302 •H- ++ Fertile stamens as many as the lobes of the corolla and opposite them. Herbs. Capsule 1-celled, many-seeded. PRIMULACHS:, 279 Trees or shrubs, rarely herbs. Anthers introrse. ^Calyx plaited, glandular. Fruit a utricle. PLTTMBAGINACE^, 278 Calyx not plaited. Fruit a drupe. Embryo transverse. MYRSINACRffi, 276 Anthers extrorse. Ovary 1-celled. Flowers racemose. THEOPHRASTACE^E, 276 Ovary 3 - 8-celled. Flowers clustered. SAPOTACE^E, 274 «-» -H- -H. Fertile stamens as many as the lobes of the corolla and alternate with them. Ovaries 2, separate. Juice milky. Stamens united with the stigmas into a mass. ASCLEPIADACEJE, 361 Stamens separate and free from the stigma. APOCYNACE.32, 358 Juice not milky. Stems creeping. Utricle 1-seeded. DICHONDRILS:, 341 Ovary solitary. Fruit indehiscent. Leaves opposite. Ovary 2-celled. Drupe 1-seeded. Corolla-lobes long. OLEACEJE, 368 Ovary 4-celled. Drupe 4-seeded. Corolla-lobes short. VERBENACE^!, 305 Leaves alternate. Flowers dioecious. Fruit baccate, 4 - 9-seeded. AQUIFOLIACE^!, 268 Flowers perfect. Ovary 2-celled. Corolla plaited or valvate. SOLANACEJ5, 347 Ovary 4-celled. Corolla mostly imbricated in the bud. BORRAGINACEJE, 328 Fruit a capsule. Capsule circumscissile. Flowers on a scape. PLANTAGINACEJE, 27f Capsule dehiscent by valves. Ovary 1-celled. Leaves lobed, hairy or pubescent. HYDROPHYLLACE^, 333 Leaves entire, smooth. GENTIANACRS!, 352 Ovary 2 -5-celled. Stipules membranous or annular between the opposite leaves. LOGANIKffi, 173 INTRODUCTION. Stipules none. Capsule few-seeded. Stems twining. Leaves alternate. , CONVOLVULACE2E, 340 Stems twining. Leaves none. ) Stems not twining. Leaves opposite or alternate. POLEMONIACK&I, 837 Capsule many-seeded. Style single. Capsule 2-celled. Corolla plaited in the bud. SOLANACE^I, 347 Capsule 2-celled. Corolla imbricated in the bud. SCROPHULARIACE^E, 287 Capsule 5-celled. Stamens elongated. ERICACEAE, 257 Styles 2. Capsule 2-celled. HYDROLEACEJE, 336 ++ -H- -w- -H- Stamens more numerous than the lobes of the corolla. Leaves compound, stipulate. Fruit a legume. MIMOSE^!, 88 Leaves simple. Flowers dioecious. Ovary 8-celled. Fruit a berry. EBENACE^E, 273 Flowers perfect. Stamens numerous. Stamens united into a column. Anthers 1-celled. MALVACEAE, 52 Stamens united in a ring or in clusters at the base. CAMELLIACE^), 60 Flowers perfect. Stamens twice as many as the corolla-lobes. Corolla-lobes imbricated in the bud. Capsule many-seeded. ERICACEJ3, 257 Corolla-lobes valvate in the'bud. Drupel-seeded. OLACACILE, 61 •i- H- Floivers irregular. Stamens 6. Calyx of 2 sepals. Capsule 1-celled. FUMARIACEJE, 22 Stamens (the fertile ones) 2 or 4. Ovary 1-celled. Stamens 2. Corolla spurred. LENTIBULACE^!, 282 Stamens 4. Fruit 1-seeded, reflexed. PHRYME^E, 306 Stamens 4. Fruit many-seeded. Leaves scaly. OROBANCHACE^, 286 Ovary 2-celled. Albumen copious. Corolla imbricated in the bud. SCROPHULARIACE^, 287 Albumen none. Placenta with hooked appendages. Corolla twisted in the bud. ACANTHACE^, 302 Placenta not appendaged. Capsule large. BIGNONIACEJE, 284 Ovary 4-celled. Ovary 4-lobed ; the style rising from between the lobes. LABIATE, 310 Ovary not lobed. Style terminal. VERBENACE^E, 305 / ' * * Calyx more or less adherent to the ovary. Anthers united. Anthers contorted. Vines climbing by tendrils. CUCURBITACE.E, 148 Anthers straight. Flowers in a raceme. Fruit a many-seeded capsule. LOBELIACEJ3, 253 Flowers in a raceme. Fruit a 1 - 4-seeded drupe. RUBIACEJE, 172 Flowers in a head. Fruit a dry achenium. COMPOSITE, 184 Anthers separate. Leaves opposite or whorled. Leaves connected by stipules, or whorled. RUBIACE^, 172 Stipules none. Stamens as many as the lobes of the corolla. CAPRIFOLIACE^, 16 Stamens fewer than the lobes of the corolla, VALERIANACE^E, 183 Anthers separate. Leaves alternate. Herbs. Corolla-lobes valvate in the bud. Capsule opening at the sides. CAMPANTILACE^, 25 Corolla-lobes imbricated in the bud. Capsule valvate. PREMTJLACE^E, 279 Shrubs. Flowers irregular. Stigma within a ciliate cup. GOODENIACE^!, 255 Flowers regular. Anthers opening by a terminal chink. VACCINIE^l, 257 Flowers regular. Anthers opening lengthwise. STYRACACE.3E, 270 ARTIFICIAL ANALYSIS OP THE NATURAL ORDERS. XXXV DIVISION in. APETALOUS EXOGENOUS PLANTS. Floral envelopes single, consisting of a calyx only, or altogether wanting. * Amentaceous trees or shrubs. Flowers monoecious or dioecious. •i- Sterile flowers only in aments. Leaves simple, stipulate. Involucre scaly. Seed entire. CUPULIFERJE, 420 Leaves pinnate, exstipulate. Involucre none. Seed 4-lobed. JUGLA.NDACE.ffi, 418 Both the sterile and fertile flowers in aments. Aments globose. Calyx none. Fruit 2-beaked, 2-valved, many-seeded. Sterile aments spiked. Fruit nut-like, 1-seeded, hairy. Aments single. Aments oblong or linear. Ovary 1-celled. Drupe 1-seeded. Stipules none. Capsule 2-valved, many-seeded. Seed comose. Ovary 2-celled. Fruit dry, angled or winged. Fruit enclosed in the 'confluent berry-like calyx. * * Flowers not in aments, •>- Calyx and corolla none. HAMAMELACEJ2, 156 PLATANACE^E, 417 MYRICACE^!, 426 SALICACE.ffi, 429 BETULACE^l, 428 MORACKE, 414 SAURURACE^E, 397 Ovaries 3-4, united below. Flowers perfect, spiked. Ovary single. ~j Involucre none. Capsule 4-celled. Aquatic. CALLITRICHACEJE, 398 Involucre spathe-like. Styles 2. Leaves alternate, parted. PODOSTEMACE^E, 399 Involucre 8 - 12-parted. Style one. Leaves whorled, forked. CERATOPHYLLACE^E, 398 Involucre 4 - 5-toothed, cup-like, containing one fertile flower and several sterile ones, each reduced to a single stamen. EUPHORBIACRiE, 399 •i- -i- Calyx herbaceous or coroUa-like. Ovaries more than one. Stamens inserted on the calyx. Leaves stipulate. Stamens hypogynous. Stipules none. Embryo minute. Embryo and seeds large, curved. Ovary solitary. Calyx adherent to the ovary. Ovary 1-celled. Fruit a 2-valved, many-seeded capsule. Fruit indehiscent, 1-seeded. Anthers (and stigma) sessile. Tree parasites. Anthers on filaments. Drupe berry-like. Stigma decurrent. Drupe dry. Albumen copious. Drupe dry. Albumen none. Ovary 6-celled, many-ovuled. Calyx tubular. Ovary 4-celled, many-ovuled. Stigma capitate. ) Ovary 3-celled, 3-ovuled. Stigmas 3. Leaves dissected. ) Ovary 2 - 3-celled. Capsule 2-valved. Leaves alternate. Fruit a berry. Leaves opposite. Calyx free from the ovary. Ovary 1-celled. Ovules and seeds numerous. Vines. Fruit berry-like. Stems erect. Capsule circumsciesile. ROSACES, 117 RANUNCULACE^;, 2 HENISPERMACILE, 15 SAXIFRAGACE^E, 151 LORANTHACE^E, 397 CORNACEJ5, 167 SANTALACE^E, 395 COMBRETACE^l, 136 ARISTOLOCHIACE^l, 371 ONAGRACE^!, 137 HAMAMELACE^!, 156 MYRTACEJE, 130 PASSIFLORACKE, 14T CELOSLELE, 379 XXXV111 INTRODUCTION. Herbs. Stamens 6. Leaves 3 in a whorl. Flower single. TRILLIACE^!, 475 Leaves alternate, sheathing. COMMELYNACEJE, 497 Stamens 3. Flowers perfect, solitary. Stem leafy. MAYACACE^!, 498 Flowers perfect, capitate. Scape leafless. XYRIDACE2E, 499 Stamens 3 or 4. Flowers monoecious, capitate. Scape leafless. ERIOCAULONACE^l, 602 * * * Flowers glumaceous, i. e. with scale-like bracts, in place of proper floral envelopes. Bracts single. Sheaths closed. Fruit an achenium. CYPERACEJS, 504. Bracts by pairs. Sheaths open. Fruit a caryopsis. GRAMINE^, 545 SERIES II. CRYPTOGAMOUS OR FLOWERLESS PLANTS. Plants destitute of proper flowers, and producing, in place of seeds, minute bodies (spores) which do not contain an embryo. CLASS III. ACROGENS. Plants with a distinct stem containing woody and vascular tissue, growing from the apex only. Fructification borne on the under side of a peltate scale. EQUISETACEJE, 585 Fructification borne on the back or margins of the leaves (fronds). FILICES, 585 Fructification borne in the axil of small leaves or bracts. LYCOPODIACE^, 600 Fructification borne at the base of the leaves. HYDROPTERIDES, 602 FLORA OF THE SOUTHERN UNITED STATES SERIES I. PILENOGAMOUS OR FLOWERING PLANTS. VEGETABLES furnished with flowers, consisting of stamens and pistils, and usually floral envelopes of some kind, and producing seeds which contain an embryo. CLASS I. DICOTYLEDONOUS OB EXOGENOUS PLANTS. Stem composed of bark and pith, which are separated by an interposed layer of woody fibre and vessels, and increas- ing in diameter, in all perennial stems, by the annual depo- sition of new layers between the wood and bark. Leaves reticulate-veined, commonly articulated with the stem. Floral envelopes usually in fours or fives. Cotyledons two, rarely more. SUBCLASS 1. ANGIOSPERM^. Ovules enclosed in an ovary, and fertilized by the action of the pollen, through the medium of a stigma. Cotyledons two. DIVISION I. POLYPETALOUS EXOGENOUS PLANTS. Floral envelopes double, consisting of both calyx and corolla ; the latter of separate petals. 1 2 RANUNCULACEJE. (CROWFOOT FAMILY.) ORDER I. RANUNCULACE^E. (CROWFOOT FAMILY.) Herbs or climbing shrubs, with a watery acrid juice. Leaves com- monly divided, their petioles dilated at the base, without stipules. Flowers regular or irregular. Sepals 3-15, distinct, often colored. Petals 5-15, deciduous, often wanting. Stamens hypogynous, indefi- nite. Ovaries distinct, numerous, rarely few or solitary, 1 -celled, 1- many-ovuled. Fruit dry or baccate. Embryo minute at the base of fleshy or horny albumen. Synopsis of the Genera. TEIBE I. C!LEMATIDE.ffi. Sepals valvate in the bud, colored. Petals stamen-like or none. Style elongated, persistent. Fruit an achenium. — Chiefly Tines. Leaves opposite. 1. ATRAGENE. Petals small and stamen-like. 2. CLEMATIS. Petals none. TRIBE II. ANEMONES. Sepals imbricated in the bud, colored. Petals none. Ovules solitary. Fruit an achenium. — Herbs. Floral leaves often whorled, forming an involucre. 3. ANEMONE. Involucre leaf-like and distant from the long-peduncled flowers. 4. HEPATICA. Involucre calyx-like and close to the flower. 5. THALICTRTJM. Flowers panicled and without an involucre (except in No. 1). Achenia ribbed or inflated. Leaves compound. 6. TRAUTVETTERIA. Flowers corymbed. Involucre none. Achenia 4-angled. Seed erect. Leaves simple, lobed. TRIBE III. RANUSfCUIjE-^E. Sepals imbricated in the bud, mostly herbaceous. Petals manifest. Ovules solitary. Fruit an achenium. — Herbs. Leaves alternate. 7. MYOSURUS. Sepals spurred at the base. Achenia spiked. Leaves radical, linear. 8. RANUNCULUS. Sepals spurless. Achenia capitate. Stems leafy. TSIBE IV. HELLEBORINEJE. Sepals imbricated in the bud, colored. Petals of various forms, or none. Fruit a 1 - many-seeded follicle. Leaves alternate. 9. CALTIIA. Petals none. Follicle many-seeded. Sepals yellow. Leaves simple. 10. ISOPYRUM. Petals none. Follicle few-seeded. Sepals white. Leaves compound. 11. AQUILEGIA. Sepals 5, regular. Petals 5, spur-shaped, hollow. Follicle many-seeded. Leaves compound. 12. DELPHINIUM. Sepals 5, irregular ; the outer one spurred. Petals 4, small ; two of them spurred, the others stalked. Follicle many -seeded. Leaves lobed. 13. ACONITUM. Sepals 5, irregular ; the outer one large, hooded, and enclosing two long- stalked, hooked petals ; the other petals stamen-like or wanting. Follicle many-seeded. Leaves lobed. 14. ZANTHORHIZA. Flowers regular. Sepals and petals 5; the latter 2-lobed. Follicle 1-2-seeded. Shrubby. Leaves compound. TRIBE V. CIMICIPTJGEJE. Sepals imbricated in the bud, colored. Petals small and flat, or none. Fruit a follicle or berry. — Herbs. Leaves alternate. 15. HYDRASTIS. Petals none. Ovaries numerous, forming a head of 1 - 2-seeded berries. Stems 1-flowered. Leaves simple, lobed. 16. ACT JE A. Petals 4-8, entire. Ovary solitary, forming a many-seeded berry. Flowers in short oblong racemes. Leaves compound. 17. CIMICIFUGA. Petals 3-5, 2-cleft. Ovaries 1-8, forming many-seeded follicles. Ra- cemes elongated. Leaves compound. RANUNCULACE^E. (CROWFOOT FAMILY.) 3 1. ATRAGENE, L. Sepals 4, colored, membranaceous, spreading, valvate in the bud, deciduous. Petals numerous, stamen-like. Stamens indefinite. Ovaries numerous, 1-ovuled. Achenia capitate, bearing the persistent styles in the form of long plumose-beard- ed tails. Seed suspended. — Shrubby vines, climbing by the petioles. Leaves opposite, compound, from scaly buds. Flowers solitary, showy. 1. A. Americana, Sims. Leaves in opposite pairs, ternate; leaflets stalked, ovate, acute, entire or toothed, sometimes slightly cordate ; peduncles opposite ; sepals oblong-ovate. — Mountains of North Carolina and northward. April -May. — Flowers 2' -3' in diameter, purple. 2. CLEMATIS, L. VIRGIN'S-BOWER. Petals none. Persistent styles naked or plumose. Otherwise as Atragcne. — Herbs or shrubby vines. Leaves simple or compound, opposite. Buds not scaly. Flowers solitary or panicled, often polygamous or dioecious. * Flowers solitary, nodding : calyx thick or leathery. •*- Stems erect, mostly simple, herbaceous. 1. C. OChroleuca, Ait. -Silky-pubescent; leaves ovate or roundish, en- tire, reticulate, nearly sessile, at length smooth above ; tails of the achenia (l£' long) plumose. — Upper districts of Georgia and northward. May- June. — Stems 1° high. Flowers yellowish, 1' long. 2. C. Baldwin!!, Torr. & Gray. Stems mostly simple, slender, slightly pubescent ; leaves oblong, varying to linear-lanceolate, entire, or with three often divided lobes; peduncles elongated ; tails of the achenia (2f-3' long) very slen- der, plumose. — South Florida. — Stems 1° - 1 £° high. Peduncles 8' - 10' long. Flowers purple, yellowish within, the sepals woolly on the margins. •»- •*- Stems climbing, herbaceous. 3. C. OVata, Pursh. Smooth ; stems erect or climbing ; leases broadly ovate, short-petioled, reticulate, glaucous beneath, the lowest sometimes com- pound or cordate ; sepals ovate, acuminate, pubescent on the margins ; tails of the achenia very long, plumose. — Mountains of Georgia, Carolina, and Ten- nessee.— Flowers purple1?, inclined. — Probably a form of the next. ( * ) 4. C. Viorna, L. Smoothish; leaves pinnate; leaflets 5 - 7, oval, or ob- long-ovate, mostly acute, somewhat membranaceous, entire or 2-3-lobed, the lowest pair often ternate ; calyx ovate ; sepals ovate, tapering into a short re- curved point, not margined, rather longer than the stamens ; tails of the achenia ( 1 £' long) plumose. — River-banks. May -August. — Flowers nodding. Sepals thick, reddish purple, 1' long. 5. C. crispa, L. Stem sparingly pubescent ; leaves pinnate ; leaflets 5-7 ovate, thin, 3-lobed or ternate ; those of the upper leaves entire, of the low- est lanceolate or linear ; calyx campanulate ; sepals lanceolate, acuminate, twice as long as the stamens, the margins broad and wavy ; tails of the achenia (!' long) rigid ; silky-pubescent. (C. Walteri,P«rsfi. C. cylindrica, Sims. C. line- 4 RANUNCULACE^E. (CROWFOOT FAMILY.) ariloba, DC., an early state, when all the leaflets are linear.) — Swamps and banks of rivers. May and June. — Stems 2° - 4° high, somewhat shrubby at the base. Flowers 1'- 1£' long, pale bluish-purple. 6. C. reticulata, Walt. Smooth; leaves pinnate; leaflets 7-9, oval, entire or 2 - 3-lobed, obtuse or mucronate, coriaceous, strongly reticulated ; calyx ovate ; sepals ovate-lanceolate, with spreading tips, not margined, longer than the stamens ; tails of the achenia (1^' long) slender, plumose. — Dry sandy soil, Florida to South Carolina. May- July. — Calyx downy, dull purple. * * Flowers panided : calyx thin, spreading, white: stems woody. 7. C. Virginiana, L. Smooth ; leaves ternate ; leaflets ovate or cordate- ovate, lobed or toothed ; panicle trichotomous, many-flowered, leafy ; flowers dioecious or polygamous ; sepals obovate, smoothish ; tails of the achenia long, plumose. — Swamps and meadows. July. — Leaflets 2' -3' long. 8. C. Catesbyana, Pursh. Pubescent ; leaves biternate ; leaflets ovate, mostly cordate, 3-toothed or lobed ; panicle leafy, many-flowered, the branches divaricate, opposite, 3 - 5-flowered ; flowers dioecious ; sepals oblong, hoary ; tails of the achenia plumose. — Dry sandy soil, near the coast, Florida to South Carolina, and westward. July. — Stem climbing high. Leaves and flowers smaller than the last. 9. C. holosericea, Pursh. Silky-pubescent ; leaves ternate ; leaflets oblong-lanceolate, entire ; flowers dioecious, in paniculate corymbs ; sepals lin- ear, longer than the stamens ; tails of the achenia very long, plumose. — South Carolina, Walter. — Flowers small, white. ( * ) 3. ANEMONE, L. WIND-FLOWER. Sepals 4 -20, colored, imbricated in the bud, deciduous. Petals none. Sta- mens indefinite. Filaments filiform. Ovaries numerous. Ovule solitary. Achenia capitate, compressed, pointed by the short, naked or woolly, straight or hooked, persistent style. Seed suspended. — Perennial herbs, with naked stems, bearing at the summit 2-3 opposite or whorled and divided leaves, which form an involucre remote from the flower. Radical leaves lobed or divided. 1. A. nemorosa, L. (Wooo ANEMONE.) Smooth or pubescent ; stem 1 -flowered ; leaves of the involucre 3, long-petioled, 3-parted, the divisions ovate- lanceolate, lobed and toothed, longer than the peduncle ; sepals 4-6, oval, white ; achenia 15-20, pointed by the hooked persistent style. — Open woods along the mountains and northward. March -April. — Stems 4' -6' high. Radical leaf solitary. 2. A. Caroliniana, Walt. (CAROLINA ANEMONE.) Stem slender, 1-flowered ; peduncle many times longer than the small, sessile, 3-leaved, 3-toothed involucre ; radical leaves 2 -3, long-petioled, ternate, deeply parted, lobed and toothed ; sepals 14-20, oblong, white ; achenia numerous in a cylin- drical-oblong head, woolly. — North Carolina and westward. March. — Stems 6' - 12' high. Flowers 1 ' in diameter. RANUNCULACE^E. (CROWFOOT FAMILY.) 5 3. A. Virginiana, L. (VIRGINIA ANEMONE.) Stem hairy or woolly, at length many-flowered ; peduncles elongated, the earliest one simple ; lateral ones several times forking, and bearing a 2-leavcd involucre and a single flower at each joint ; proper involucre 3-leaved, the leaves long-petioled, 3-parted, with ovate or oblong lobed and toothed divisions ; sepals 5, oval, greenish, acute ; achenia numerous, in an oblong head, woolly. — Open woods in the upper dis- tricts, and northward. July - September. — Plant 2° - 3° high. Flower 8"- 9" in diameter. Eadical leaves 3-4, similar to the involucre. 4. HEPATIC A, Dill. LIVER-LEAF. Flowers and fruit as Anemone. Involucre close to the flower, 3-leaved, resem- bling a calyx ; its leaves sessile, ovate, entire. — A low, perennial herb, with scape-like, 1-flowered stems, and 3-lobed, long-petioled, cordate, persistent, radi- cal leaves. 1. H. triloba, Chaix. Lobes of the leaves rounded, entire ; stems hairy; flowers purplish or white ; achenia oblong, hairy. — Shady woods, Florida and northward. February - March. — Stems 3' - 6' high. 5. THALICTRUM, Toura. MEADOW-RUE. Sepals 4 -10, imbricated in the bud, colored, spreading, deciduous. Petals none. Stamens numerous. Filaments filiform, clavate or flattened. Ovaries 3-15, 1-ovuled. Achenia sessile or stalked, furrowed or inflated, pointed by the sessile persistent stigma or short style. Seed suspended. — Perennial herbs. Leaves compound. * Flowers polygamous or dioecious : sepals shorter than the stamens : stir/ma elon- gated: achenia nearly sessile, ribbed: leaves alternate, decompound: involucre none : /lowers small, panicled. 1. T. dioicum, L. Stems erect; leaves long-petioled; leaflets thin, roundish, crenately 5 - 7-lobed, smooth ; flowers numerous ; sepals greenish ; stamens and stigma filiform ; achenia sessile, or (in var. STIPITATUM, Torr. <?• Gray) distinctly stalked. (T. rugosum & T. Carolinianum, DC.) — Mountains of North Carolina and northward. July - August. — Stem 1° - 1£° high. 2. T. debile, Buckl. Stems low (8' -12'), procumbent or ascending, much branched ; leaves long-petioled ; leaflets small, stalked, rounded, crenately lobed, smooth; flowers few on axillary or terminal peduncles; achenia oblong, strongly ribbed, short-stalked, as long as the slender style. — Rich Avoods, near Allenton, Wilcox County, Alabama (Buckley). March and April. — Stems branching at the base, slender. 3. T. Cornuti, L. Radical leaves long-petioled ; stem-leaves sessile (the common petiole wanting) ; leaflets thick, oval or oblong, 3-lobcd or entire, often cordate, smooth, or pubescent beneath ; sepals white ; stamens and stigma slightly clavate; achenia short-stalked. (T. re volutum, D <7.) — Meadows and woods, Florida and northward. June - August. — Stems 3° - 4° high. Radical leaves very large. Leaflets varying greatly in size. 1* 6 RANUNCULACEJE. (CROWFOOT FAMILY.) * Flowers perfect : sepals longer than the stamens: stigma short: acJienia raised on a stipe, inflated, veiny : leaves ternate or biternate, alternate : flowers few, panided. 4. T. clavatum, DC. Stems slender, sparingly branched, naked below ; leaves petioled, biternate ; leaflets thin, rounded, crenately lobed, glaucous be- neath; panicle corymbose, few - many-flowered ; flowers small, white ; achenia 5-10, somewhat crescent-shaped, short-pointed, long-stalked. — Mountains of North Carolina to Alabama. July. — Stems l°-2° high. 5. T. nudicaule, Schweinitz. Stem slender, naked below, sparingly branched above ; radical leaf solitary, long-petiolcd, biternate ; stem-leaves very small, ternate ; leaflets thin, roundish, obtusely lobed, slightly cordate ; panicle 4 - 8-flowered ; flowers minute, greenish; ovaries short-stalked. — Banks of the Yadkin River, North Carolina. — Stem 2° high. ( *) * * * Flowers perfect: sepals longer than the stamens : stigma depressed: aclienia sessile, ribbed : stem-leaves whorled : flowers wnbelled. 6. T. anemonoides, Michx. Radical leaves biternate, long-petioled ; leaflets oval or roundish, cordate, 3 - 5-lobed ; stem-leaves 2-3, sessile, ternate ; the long-stalked leaflets forming an involucre apparently of 6 - 9 simple leaves ; umbel 3-6-flowered; sepals 6-10, white. — Woods, Florida to Mississippi, and northward. April and May. — Root tuberous. Stems 6' - 10' high. Flow- ers £'-!' in diameter. 6. TRATTTVETTERIA, Fisch. & Mey. Sepals 3-5, orbicular, imbricated in the bud, colored, caducous. Petals none. Stamens indefinite ; filaments clavate. Ovaries numerous, 1-ovuled. Stigma recurved. Achenia capitate, gibbous, 4-sided, beaked by the hooked persistent stigma. Seed erect. — Erect, perennial herbs, with alternate, palmately-lobed leaves, and corymbose flowers. 1. T. palmata, Fisch. & Mey. Smooth; stem (2° -4° high) simple or sparingly branched above ; leaves uniform, reticulate, divided into 5-9 lanceo- late, toothed and serrate lobes ; those of the root broad (4' - 6'), long-petioled ; corymb many-flowered. — Margins of mountain streams, Georgia, Tennessee, and northward. 7. MYOSUBUS, L. MOUSE-TAIL. Sepals 5-7, imbricated in the bud, spurred at the base. Petals 5-7, linear- spatulate. Stamens 5-20: filaments filiform. Ovaries numerous, 1-ovuled. Style subulate. Achenia 3-angled, imbricated on the filiform, elongated recep- tacle. Seed suspended. — Small annuals, with linear radical leaves, and small, solitary, yellowish flowers, on a naked scape. 1 . M. minimus, L. Scapes 2' - 6' long, longer than the leaves ; acheuia beaklcss. — Augusta, Georgia (Elliott), and westward. April. — Fruiting-spike linear, 1 ' - 2' long. RANUNCULACE^E. (CROWFOOT FAMILY.) 7 8. RANUNCULUS, L. CROWFOOT. BUTTERCUP. Sepals 3-5, regular, herbaceous, concave, imbricated in the bud, deciduous. Petals 3-10, dilated, flat, furnished with a pit or scale at the narrowed base. Stamens mostly numerous. Filaments filiform. Ovaries few or numerous, 1-ovuled. Style short, subulate. Achenia capitate, compressed, beaked with the smooth, persistent style. Seed erect. — Herbs. Leaves alternate, the radical ones long-petiolcd. Flowers axillary or somewhat corymbed, white or yellow. § 1 . Petals white, with a yellow pit at the Ixtse : achenia rugose. 1. R. aquatilis, L. Stems filiform, immersed; leaves petioled, divided into an indefinite number of capillary segments ; flowers axillary, remote, long- pedunclcd. (R. Pantothrix, DC.) — Slow-flowing streams in the upper districts. July and August. 1J.. — Stems 1° - 2° long. Leaves circular in outline. § 2. Petals yellow, ivith a small scale at the base. * Achenia muricate : annuals. 2. R. parviflorus, L. Silky-pubescent ; leaves small, the lower ones circular, 3-lobed, acutely-toothed ; the upper 3-parted or entire ; flowers very small ; petals 3-5, as long as the reflexed sepals ; achenia narrowly margined, pointed with the short, recurved style. (R. trachyspermus, Ell.) — Waste places. April and May. — Stems erect, branching from the base, 6'- 12' high. Leaves rarely 1' wide. 3. R. muricatus, L. Nearly smooth ; lower leaves 3-lobed, crenate ; petals 5, longer than the calyx ; achenia pointed with the broad, straight style, broadly margined. — Waste places around Charleston (Elliott). March- April. Introduced. — Stem 12' - 18' high. * * Achenia smooth : chiefly perennials. ->— Leaves undivided. 4. R. alismssfolius, Geycr. Smooth ; stems ascending, rooting at the lower joints ; leaves lanceolate, acute, denticulate or entire ; petals longer than the calyx ; achenia in globose heads, tumid, slender-beaked. (R. Flammtila, Ell. &c.) — Muddy banks and ditches, chiefly in the upper districts. May- July. — Stems 1° - 2° long. Leaves 2' - 4' long. Flowers 3" - 5" wide. 5. R. pusillus, Poir. Smooth ; stems several, erect ; lowest leaves ovate or roundish, the others lanceolate or linear, entire or denticulate ; flowers mi- nute ; petals 1-5, as long as the calyx ; achenia in globular heads, barely pointed. (R. oblongifolius, Ell., a broader-leaved form.) — Muddy banks, Geor- gia to North Carolina and westward. March and April. — Stem 6' -12' high. Leaves 1' long. Flowers 2" wide. Stamens 5-9. •<- -i- Leaves (at least those of the stem) ternately lobed or divided. ++ Petals small, not exceeding the calyx. 6. R. abortivus, L. Smooth ; lowest leaves orbicular, cordate, undivided, crenate, those of the stem 3 - 5-parted, with wedge-shaped toothed divisions ; the uppermost sessile, 3-parted ; petals shorter than the calyx ; achenia in glo- bose heads, pointed with a very short recurved beak. — Low grounds. "March and April. — Stem 1° - 1 £° high. 8 RANUNCULACE^E. (CROWFOOT FAMILY.) 7. B. recurvatus, Poir. Hirsute ; leaves all pctioled, 3 - 5-lobed ; the lobes wedge-shaped, sharply toothed ; petals minute, shorter than the calyx. ; achenia in globose heads, pointed with a long and slender recurved beak. — Low grounds. April and May. — Stem 1° - 2° high. 8. B. sceleratus, L. Smooth ; leaves 3-parted, with the divisions wedge- shaped, obtusely lobed and toothed ; the uppermost sessile ; petals as long as the calyx ; achenia in oblong or cylindrical heads, pointless. — Ditches and swamps, Charleston (Elliott). Introduced from Europe. April and May. — Stems thick, 1° high. 9. B. Pennsylvanicus, L. Hirsute ; leaves temate ; leaflets long- stalked, 3-parted, the divisions lanceolate, acutely lobed and toothed ; petals shorter than the calyx ; achenia in oblong heads, pointed with a broad straight beak. — Low grounds in the upper districts. June. — Stem 2° - 3° high. Pe- tioles elongated, very hairy. •w- -w- Petals much larger than the calyx : achenia in globose heads. 10. B. Purshii, Richardson. Stem floating ; immersed leaves divided into very numerous capillary segments, cmersed ones reniform, 3 - 5-parted, the lobes variously divided ; sepals reflexed ; achenia pointed with a short straight beak. — In still water, North Carolina and northward. May -July. — Stems 2° -4° long. 11. B. repens, L. Smooth or hairy ; leaves ternate, or the earliest ones 3-lobed ; leaflets 3-lobed, toothed ; achenia strongly margined, pointed with the broad and straight or slightly-curved beak ; stems erect or prostrate, often bear- ing long runners. — Rich soil, chiefly in the upper districts. Var. y in the river swamps of the low country. March and April. Var. /S. hispidus. Hirsute; stem erect; leaves ample; peduncles long, with the hairs appressed. (R. hispidus, MX. R. Marilandicus and tomentosus, Poir: the latter a form with softer pubescence.) Var. y. nitidus. Smooth or nearly so; stem prostrate (l°-2°long); leaves and flowers smaller. (R. nitidus, MM.) 12. B. palmatUS, Ell. Hirsute with appressed hairs ; leaves small (!' wide), ternate or 3-parted, with the divisions ovate, sparingly toothed, those of the upper leaves lanceolate and entire ; achenia strongly margined, straight-beaked. (R. Carolinianus, DC.) — Swamps in the pine barrens, Middle Florida to South Carolina, rare. — April and May. Stems 1° high. 13. B. bulbosus, L. Hairy; stem erect (1°-1|° high) from a bulb-like base ; leaves ternate ; leaflets 3-parted, with toothed lobes ; those of the upper leaves lanceolate, entire ; flowers large (lf wide) ; achenia pointed with a short recurved beak. — Low grounds in the upper districts. Introduced. May. 14. B. acriS, L. Hairy; stem tall (2° -3°), branched above; leaves 3-parted, the divisions deeply cut into three wedge-shaped or lanceolate, acutely- toothed lobes ; the uppermost 3-parted, with linear entire lobes ; achenia pointed with a short recurved beak. — Low waste places, sparingly introduced from Europe. RANUNCULACE^E. (CROWFOOT FAMILY.) 9 9. CALTHA, L. MARSH MARIGOLD. Sepals 4-10, regular, flat, colored, imbricated in the bud, deciduous. Petals none. Stamens numerous; filaments filiform. Ovaries 5-15, many-ovuled. Stigma sessile. Follicles capitate or whorled, sessile, spreading, many-seeded. Perennial, smooth herbs, with cordate or reniform undivided leaves, and showy yellow flowers. 1. C. palustris, L. var. parnassifolia, Ton-. $• Gr. Stem 1-leaved, 1 -flowered; radical leaves long-petioled, broadly reniform, sharply toothed ; se- pals oblong. (C. ficarioides, Pursh.) — Cedar swamps, South Carolina (Pursh), Tennessee, and northward. 10. ISOPYBUM, L. Sepals 5 - 6, regular, ovate, colored, imbricated in the bud, deciduous. Petals 5 and minute, or none. Stamens numerous. Ovaries 2-20. Ovules few or many, in 1 - 2 rows. Style short, subulate. Follicles sessile, membranaceous. Seed horizontal. — Perennial, smooth herbs, with alternate compound leaves, and solitary white flowers. 1. I. biternatum, Torr. & Gr. Stem (6' -12' high) slender, sparingly branched ; radical leaves biternate, on long petioles ; stem-leaves ternate, nearly sessile ; leaflets ovate and obovate, obtusely 3-lobed ; petals none ; ovaries 1 - 5 ; follicle 2-seeded. (Enemion biternatum, Raf.) — Shady woods, West Florida and westward. April. — Root commonly bearing small tubers. The plant re- sembles Thalictrum anemonoides in general appearance. 11. AQUILEGIA, L. COLUMBINE. Sepals 5, regular, ovate, colored, imbricated in the bud, deciduous. Petals 5, prolonged downward into hollow spurs. Stamens indefinite. Filaments filiform, elongated. Ovaries 5, many-ovulcd. Follicles sessile, connivent, many-seeded, tipped with the elongated, filiform, persistent styles. Seeds horizontal. — Erect, perennial, branching, leafy herbs, with alternate ternatcly-compound leaves ; those of the root long-petioled. Flowers showy, nodding, solitary, or somewhat corymbed. 1. A. Canadensis, L. Stems 2° high, smooth or slightly pubescent ; radical leaves biternate, stem-leaves ternate, short-petioled ; leaflets roundish or obovate, crenately lobed ; flowers scarlet, yellow within ; stamens and styles exserted. — Rocky woods, West Florida and northward in the upper districts. April and May. 12. DELPHINIUM, L. LARKSPUR. Sepals 5, irregular, colored, imbricated in the bud, deciduous ; the outermost larger, and produced backward into a hollow spur ; the others flat. Petals 4, dissimilar ; the two upper with spurs which are received in the spur of the sepal, the two lower stalked ; sometimes (as in the annual Larkspur) all united. Stamens numerous, included ; filaments subulate. Ovaries 1-5, 1 -celled, many- 10 KANUNCULACF^E. (CROWFOOT FAMILY.) ovulcd. Style subulate. Follicles sessile, short-pointed. Seeds in two rows, horizontal. — Erect herbs, with alternate petioled and palmately divided leaves, and showy flowers in terminal racemes or panicles. 1. D. azureum, Michx. Stem mostly simple, downy; leaves 3 - 5-parted, the divisions cleft into 3 - 5-linear, toothed or entire, acute lobes ; racemes many- flowered ; pedicels and follicles erect ; spur slightly curved, twice as long as the calyx. (D. virescens, Nutt., with wider-lobed leaves, and larger greenish flow- ers.)— Rich soil, Florida and northward. May. U- — Stems l°-2° high. Leaves 2' - 3' wide. Sepals sky-blue, or sometimes whitish, tipped with brown. Lower petals 2-cleft, bearded. 2. D. tricorne, Michx. Stem simple, downy ; leaves as in No. 1 ; ra- ceme few-flowered ; pedicels and follicles diverging ; spur straight, as long as the calyx. — Mountains of North Carolina and northward. April and May. 1J. . — Root tuberous. Stems 1° high. Raceme 6 -12-flowered. Sepals blue. Lower petals' 2-cleft and bearded. 3. D. exaltatum, Ait. Stem tall, branching and hairy above; leaves large, the lower 3 - 5-parted, the divisions cleft into 2-3-lanceolate or oblong coarsely-toothed lobes, the upper 3-parted with sparingly toothed or entire lobes ; racemes many-flowered ; pedicels diverging ; follicles erect ; spur straight, rather longer than the calyx. — Mountains of North Carolina and northward. June- August. 1J.. — Stem 2° - 4° high. Leaves 4' -6' wide. Sepals blue. Lower petals 2-cleft and bearded, brownish. D. CONSOLIDA, L., the common annual Larkspur of the gardens, is becom- ing naturalized in some places. 13. ACONITUM, L. MONKSHOOD. WOLFSBANE. Sepals 5, irregular, colored, imbricated in the bud, deciduous ; the outermost large and helmet-shaped, the two lateral rounded, the lower smaller and oblong. Petals 2 or 5, the two upper long-stalked, produced backward into a short in- curved spur, the three lower minute or wanting. Stamens numerous ; filaments short, subulate. Ovaries 3-5, 1 -celled, many-ovuled. Style subulate. Follicles sessile, short pointed. Seed horizontal, rugose. — Erect or trailing, perennial herbs, with alternate, palmately divided leaves, and showy flowers in terminal racemes or panicles. 1. A. uncinatum, L. Stem smooth, vine-like, erect; leaves 3-5-cleft, with the lobes ovate-lanceolate, coarsely toothed ; raceme few-flowered ; flowers large, blue ; upper sepal helmet-shaped. — Shady banks of streams among the mountains and northward, rare. June and July. — Stem 2° - 6° long. Leaves rather rigid. 2. A. reclinatum, Gray. Stem smooth, reclining ; leaves deeply 3-7- clcft ; the lobes cuneate, acutely toothed ; racemes numerous, few - many-flow- ered, flowers white ; upper sepal elongated-conical, soon becoming horizontal. — High mountains of North Carolina. July and August. — Stems 4° - 8° long. Leaves thin. RANUNCULACE^E. (CROWFOOT FAMILY.) 11 14. ZANTHORHIZA, Marshall. Sepals 5, regular, lanceolate-ovate, colored, imbricated in the bud, deciduous. Petals 5, small, gland-like, 2-lobed, short-stalked. Stamens 5-10: filaments short. Ovaries 5-10, 1-celled, 2-ovuled. Style subulate, incurved, at length dorsal. Follicles sessile, gibbous. Seed solitary, pendulous. — A smooth trailing shrub with yellow roots. Leaves pinnate, long-petioled. Leaflets 3-5, ovate and lanceolate-ovate, incisely lobed and toothed from near the acute base. Flowers small, in slender compound racemes, appearing before (below) the leaves, dark purple. 1. Z. apiifolia, L'Her. — Shady banks, Florida, and along the mountains of Georgia and northward. March and April. — Stems 2° -3° high. 15. HYDBASTIS, L. Sepals 3, ovate, membranaceous, colored, imbricated in the bud, caducous. Petals none. Stamens numerous: filaments filiform. Ovaries 12-20, fleshy, 1-celled, 2-ovuled, ripening into 1-2-seeded, capitate, bright crimson berries. Style short. Stigma 2-lipped. — Stem erect from a thick, knotted rhizoma, simple, 1-flowered, leafy above. Leaves broadly cordate, palmately 5-7 cleft, the lobes toothed and sen-ate ; radical one solitary, long-petioled. Stem-leaves 2-3, the uppermost sessile under the stalked, greenish- white flower. 1. H. Canadensis, L. — Rich shaded soil along the mountains of Georgia and Carolina, and northward. April and May. — Stem 1° high. Leaves 4' -9' wide, hairy when young. 16. ACTJEA, L. BANEBEREY. Sepals 3 - 5, ovate, colored, imbricated in the bud, caducous. Petals 4 -10, spatulate, entire. Stamens numerous ; the filaments filiform. Ovary solitary, 1-celled, becoming a many-seeded berry in fruit. Stigma sessile, 2-lobcd. Seed horizontal. — Perennial herbs. Stems simple, bearing one or two twice or thrice ternately compound leaves, and a single oval or oblong raceme of small white flowers. 1. A. alba, Bigel. Smooth, or nearly so ; leaves large, 2 - 3-ternate ; leaf- lets thin, ovate or cordate-ovate, acutely toothed ; pedicels of the fruit very thick, red ; berry white. (A. pachypoda, Ell.) — Rocky woods along the mountains of South Carolina (Elliott), and northward. May. — Plant 2° high. 17. CIMICIPUGA, L. BUGBANE. Sepals 4-5, ovate or orbicular, colored, imbricated in the bud, caducous. Petals 1-8, small, stalked, 2-lobed. Stamens very numerous: filaments fili- form, elongated. Ovaries 1-8, 1-celled, becoming many-seeded follicles in fruit. — Perennial herbs, with large temately compound leaves, and white flowers in elongated slender racemes. * Ovary mostly single: stigma large, depressed: seeds horizontal, smooth. 1. C. racemosa, Ell. (BLACK SNAKEROOT.) Leaves thrice ternate; leaflets ovate or ovate-lanceolate, sharply serrate, the terminal ones mostly 12 MAGNOLIACE^S. (MAGNOLIA FAMILY.) 3-lobed ; racemes elongated, downy ; follicle broadly ovate, sessile. — Woods in the upper districts and northward. July. — Stem 3° - 8° high. Leaflets 2' long. Racemes 6' - 12' long. Flowers fetid. * * Ovaries 3 - 8 : stigma minute : seeds vertical, chaffy. 2. C. COrdifolia, Pursh. Leaves twice ternate ; leaflets rigid, ovate or cordate-ovate, 2 - 3-lobed, incised and serrate ; racemes panicled, elongated ; follicles oblong, sessile. — Mountains of North Carolina. September. — Stem 3° -4° high. (») 3. C. Americana, Michx. Leaves thrice ternate ; leaflets thin, ovate, incisely toothed and serrate, the terminal one 3-cleft or 3-parted ; racemes pani- cled, elongated; follicles obovate-oblong, slender-stalked. — Alleghany Moun- tains, from Georgia northward. August and Sept. — Stems 3° -4° high. ORDER 2. MAGNOLJACEJE. (MAGNOLIA FAMILY.) Aromatic trees or shrubs, with simple, alternate, petioled leaves, and regular, solitary, hypogynous flowers. Sepals and petals mostly simi- lar, imbricated in three or more rows in the bud. Stamens distinct or united. Anthers adnate. Ovaries numerous, imbricated or whorled, 1 - 2-ovuled. Fruit fleshy, baccate, or samara-like, distinct, or confluent in cone-like heads. Seed dry or baccate. Embryo minute, at the base of fleshy albumen. Synopsis* SUBORDER I. WINTEREJE. Flowers perfect. Stamens numerous, separate. Ovaries in a single whorl, 1-ovuled, becoming coriaceous follicles in fruit. — Erect shrubs. Leaves entire. Stipules none. 1. ILLICIUM. Leaves evergreen. Flowers nodding. SUBORDER II. SCHIZ ANDRE JE. Flowers monoecious. Stamens united. Ovaries im- bricated in a head, 2-ovuled, becoming scattered berries in fruit. — Climbing shrubs. Leaves deciduous, often toothed. Stipules none. 2. SCHIZANDRA. Stamens 5, united into a 5-lobed disk. SUBORDER III. MAGWOLiIEJE. Flowers perfect. Stamens numerous, separate. Ova- ries imbricated in a head, 2-ovuled. Fruit fleshy or somevrhat woody, in cone-like heads or spikes Chiefly trees. Leaves entire. Stipules large. 3. MAGNOLIA. Fruit fleshy, dehiscent, persistent on the receptacle. Anthers introrse. 4. LIRIODENDRON. Fruit woody, indehiscent, samara-like, deciduous. Anthers extrorse. 1. ILLICIUM, L. ANISE-TREE. Flowers perfect. Sepals 3 or 6. Petals 9-30, in rows of three, spreading. Stamens numerous, with short filaments. Anthers introrse. Ovaries 6 or more in a single whorl, sessile, 1-celled, 1-ovuled. Style subulate, recurved. Folli- cles coriaceous, spreading, at length 2-valved. Seed ascending. — Smooth anise- scented shrubs. Leaves evergreen, entire, mostly clustered at the summit of the branches, petioled. Stipules none. Peduncles in terminal clusters, 1 -flowered, nodding. MAGNOLIACE^E. (MAGNOLIA FAMILY.) 13 1. I. Ploridanum, Ellis. Leaves oblong-lanceolate, acuminate; petals 20-30, lanceolate and linear, widely spreading, dark purple. — Sandy swamps, Florida and westward. May. — Shrub 6° - 10° high. Leaves somewhat fleshy. Flowers flat, 1' in diameter. 2. I. parviflorum, Michx. Leaves lanceolate, acute ; petals 6-12, ovate or roundish, concave, yellow. — Southern districts of Georgia and East Florida. May and June. — Flowers smaller than in No. 1. 2. SCHIZANDRA, Michx. Flowers monoecious. Sepals 5-6, ovate, concave, greenish. Petals 5-6, obovate-oblong, crimson. Stamens 5 : filaments united, forming a circular, 5- lobed disk : anther-cells widely separated. Ovaries numerous, 1 -celled, 2-ovuled, imbricated in a head, in fruit forming 1 - 2-seeded berries, which are scattered on the greatly elongated filiform receptacle. — A climbing shrub ; with alternate, oblong, membranaccous, deciduous leaves, and small long-peduncled flowers, from axillary buds. Stipules none. 1. S. COCCinea, Michx. Leaves acuminate, long-petioled,3'-4'long, often somewhat toothed ; uppermost flowers mostly staminatc ; berries oval, red. — Shady woods, Florida to South Carolina and westward. May and June. — Stem climbing high. 3. MAGNOLIA, L. UMBRELLA-TREE. CUCUMBER-TREE. Flowers perfect. Sepals 3, caducous. Petals 6-9, concave, spreading, de- ciduous. Stamens very numerous : anthers introrse. Ovaries numerous, im- bricated, 1 -celled, 2-ovuled, forming in fruit a cone-like head of fleshy, 2-seeded, persistent follicles, opening on the back. Seeds berry-like, suspended by a slender cord of spiral vessels. — Aromatic trees or shrubs. Leaves alternate or clustered at the summit of the branches. Flowers large, solitary, terminal. Stipules large, adnate to the petiole, at length deciduous. * Leaves perennial. 1. M. grandiflora, L. (MAGNOLIA.) Leaves coriaceous, oblong, or ob- ovate, smooth and glossy above, rusty-pubescent beneath, flat or concave ; petals mostly 9, obovate, concave, clawed. — Light fertile soil in the middle and lower districts, South Carolina and westward. April and May. — A large tree. Leaves 6' -12' long. Flowers 6' -9' wide, white, changing to brown. Cone of fruit oval, 3' -4' long. 2. M. glauca, L. (SWEET BAY.) Leaves coriaceous, lanceolate and oblong, silky-pubescent, at length smooth above, glaucous beneath; petals 9, obovate, concave. — Swamps, Florida and northward. May and June. — A shrub or small tree. Leaves mostly deciduous northward, 4' - 6' long. Flowers 2' wide, white, very fragrant. Cone of fruit oval, 1'- 1^' long. * * Leaves deciduous, acute at the base. 3. M. Umbrella, Lam. Leaves clustered at the summit of the branches, obovate-oblong, acute, downy beneath, at length smooth ; petals 9, oblong-lan- 2 14 ANONACE^E. (CUSTARD-APPLE FAMILY.) ceolate, acute. (M. tripetala, Michx. ) — Rich s6il in the upper districts. May and June. — A small tree, with irregular branches. Leaves l°-l£° long, on short petioles. Flowers 4' - 6' wide, white. Cone of fruit oblong, 4' - 6' long, rose-colored. 4. M. acuminata, L. Leaves scattered, oval, acuminate, downy beneath; petals 6-9, oblong-ovate, obtuse. — Upper districts, in rich shaded soil. June and July. — A large tree. Leaves 6' - 9' long. Flowers 3' - 4' wide, dull yellow and greenish. Cone of fruit cylindrical, 2' - 3' long. * * * Leaves deciduous, auriculate or cordate at the base. 5. M. cor data, Michx. Leaves oval or roundish, slightly cordate, acute, white-downy beneath; petals 6-9, oblong, acute. — Upper districts in rich shaded soil. April and May. — A small tree. Leaves 4' - 6' long. Flowers 4' - 5' wide, yellow. Cone of fruit oblong, 3' long. 6. M. Praseri, Walt. Leaves clustered at the summit of the branches, spatulate-obovate, smooth on both surfaces, cordate and 2-eared at the base, on slender petioles ; petals oblong, obtuse, narrowed and unguiculate at the base. (M. auriculata, Lam. M. pyramidata, Bartr.) — Rich woods, Florida to Ten- nessee and westward. May and June. — A small tree. Leaves 8' -12' long. Flowers 6' wide, white and fragrant. 7. M. macrophylla, Michx. Leaves clustered at the summit of the branches, oblong-obovate, cordate or slightly eared at the base, glaucous be- neath ; petals oblong, obtuse, the inner row narrower. — Shady woods in light soil, Florida to Tennessee : rare. April and May. — A shrub or small tree. Leaves l^°-3° long. Flowers 8' -12' wide, white, fragrant. Cone of fruit ovate. 4. LIRIODENDHON, L. TULIP-TREE. WHITE POPLAR. Flowers perfect. Sepals 3, reflexed. Petals 6, erect. Stamens numerous: anthers extrorse. Ovaries numerous, imbricated, 1 -celled, 2-ovuled, forming in fruit a cone-like head of samaraform, indehiscent, 1 -2-seeded, deciduous carpels. •*- A large tree. Leaves angled, truncated. Stipules large, free from the petiole, deciduous. Flowers large, terminal. 1. L. Tulipifera, L. Leaves smooth, on slender petioles, mostly rounded at the base, somewhat 3-lobed ; the middle lobe appearing as if cut off, leaving a shallow notch; flowers bell-shaped, greenish-yellow, striped or tinged with orange. — Low grounds, Florida and northward. May - June. ORDER 3. ANONACEJS. (CUSTARD-APPLE FAMILY.) Trees or shrubs, with simple, alternate and entire, feather-veined leaves, and solitary, axillary, perfect, hypogynous flowers. Sepals 3. Petals 6, in two rows, deciduous, valvate in the bud. Stamens numerous. An- thers adnate, extrorse, on very short filaments. Ovaries few or many, MENISPERMACEjE. (MOONSEED FAMILY.) 15 distinct or cohering in a mass, baccate in fruit. Seed anatropous, large. Embryo minute, at the base of ruminated albumen. 1. ASIMINA, Aclans. TAPAW. CUSTARD- APPLE. Petals thick ; the three outer ones larger and spreading. Stamens very nu- merous, crowded on the globular receptacle. Ovaries 3- 15, sessile, 1 -celled, few-many-ovuled, baccate in fruit. Seeds horizontal, enclosed in a thin succu- lent aril. — Shrubs or small trees. Leaves deciduous. Flowers nodding. * Flowers appearing with or before the leaves. 1. A. triloba, Dunal. Leaves oblong-obovate, acuminate, covered with a rusty pubescence, as also the branches when young, at length glabrous ; outer petals round-ovate, dark purple, 3-4 tunes as long as the hairy sepals. (Uvaria triloba, Tarr.fr Gray.) — Banks of rivers, Florida and northward. March and April. — A shrub or small tree. Leaves 8' -12' long. Flowers !'-!£' wide. Fruit oblong, yellow and pulpy when mature, edible. 2. A. parviflora, Dunal. Leaves oblong-obovate, abruptly pointed, and like the branches rusty-pubescent, at length smooth ; outer petals oblong-ovate, twice as long as the calyx. (Uvaria parviflora, Tarr. fr Gray. ) — Dry sandy soil, Florida to North Carolina and westward. March and April. — Shrub 2° - 5° high. Leaves 4' - 6' long, thicker than those of the preceding. Flowers $ wide, rusty-pubescent, greenish-purple. Fruit oblong or pear-shaped, fleshy, few- 3. A. grandiflora, Dunal. Leaves oblong or oblong-obovate, obtuse, rigid, densely pubescent like the branches when young, becoming smoothish above ; outer petals large, round-obovate, many times longer than the sepals ; fruit small, obovate, 1 - few-seeded. (A. cuneata, Shuttl.) — Sandy pine barrens, Georgia and East Florida. March and April. — A small shrub. Leaves 2' -3' long. Outer petals two inches or more in length, yellowish-white. * * Flowers from the axils of present leaves. 4. A. pygmsea, Dunal. Smooth or nearly so throughout ; leaves coria- ceous, oblanceolate or oblong-wedge-shaped, obtuse ; outer petals oblong-obo- vate, many times longer than the sepals, pale-yellow, the inner ones purple within ; fruit cylindrical, pulpy, few-seeded. (A. secundiflora and probably A. reticulata, Shuttl , the latter a pubescent form, with smaller (!' - 2') oblong leaves and smaller flowers.) — Dry pine barrens, Florida and the lower districts of Georgia. May - July. — Shrub ^° - 3° high. Leaves 2' - 6' long, rarely 1 ' wide. Flowers |'-3' wide. ORDER 4. MENISPERMACE^E. (MOONSEED FAMILY.) Climbing shrubby vines, with alternate palmately veined and often lobed leaves, on slender petioles, and small polygamous or dioecious flow- ers, in axillary racemes or panicles. Stipules none. Sepals and petals mostly alike, in two or more rows, imbricated in the bud. Stamens 6 or 1C BERBERIDACEJE. (BARBERRY FAMILY.) more, hypogynous. Anthers 2-4-celled, opening longitudinally. Ova- ries 3 -8, drupaceous in fruit. Seed and embryo curved, the latter large, in thin albumen. Synopsis. 1. COCCULUS. Sepals, petals, and stamens 6- Anthers 4-celled. 2. MENISPERMUM. Sepals and petals 4-8. Stamens 12-24. Anthers 4-celled. 3. CALYCOCARPUM. Sepals 6. Petals none. Stamens 12. Anthers 2-celled. 1. COCCULUS, DC. Flowers dioecious or polygamous. Sepals and petals 6, each in two rows. Stamens 6 : anthers 4-celled, abortive in the fertile flower. Ovaries 3-6, 1-celled, 1-ovulcd. Stigma subulate, recurved. Drupe baccate, campy lotropous. Nut reniform, rugose. -Seed conformed to the cavity of the nut. Embryo semi- circular. — Leaves ovate or slightly cordate, entire or angularly 3-lobed. 1. C. Carolinus, DC. — Woods and thickets, Florida to North Carolina, and westward. June -August. — Pubescent. Stem twining, 10° -15° long. Leaves very acute, rather rigid. Kacemes of the fertile flowers simple, of the sterile compound. Flowers white. Drupe red. 2. MENISPERMUM, L. MOONSEED. Flowers dioecious. Sepals and petals 4-8. Stamens 12-24: anthers 4-celled. Ovaries 2-4. Stigma dilated, spreading. Otherwise as in Cocculus. — Leaves rounded, angular or lobed, slightly cordate and peltate at the base. Flowers white, panicled. .1. M. Canadense, L. — Banks of rivers, chiefly in the upper districts. July. — Stem twining. Sterile panicles elongated. Drupe black. 3. CALYCOCARPUM, Nutt. Flowers dioecious. Sepals 6. Petals none. Stamens 12 : anthers 2-celled ; those of the fertile flower abortive. Ovaries 3, 1-ovulcd. Stigma radiate, many- cleft. Drupe oval. Nut smooth, excavated on the inner face. Embryo curved, foliaceous. — Leaves round-cordate in outline, palmately 3 - 5-lobed. Flowers whitish, in compound racemes. 1. C. Lyoni, Nutt. (Menispermum Lyoni, Pursh.) — Banks of the Apa- lachicola River, Florida, to Tennessee. May and June. — Pubescent. Stem twining 20° -50° high. Leaves 4' - 7' wide, with acuminate lobes, the lateral lobes wavy or angled. Drupe 1' long, globose. ORDER 5. BERBERIDACEJE. (BARBERRY FAMILY.) Herbs or shrubs, with alternate, petiolate, mostly divided leaves, and perfect, regular hypogynous flowers. Sepals and petals in two or more rows of 2 - 4 each, imbricated in the bud, deciduous. Stamens opposite BERBERIDACEJE. (BARBERRY FAMILY.) 17 the petals when of the same number. Anthers 2-celled, opening by up- lifted valves (or lengthwise in Podophyllum). Fruit baccate or capsular. Embryo in the axis of fleshy albumen. Synopsis. * Anthers opening by uplifted valves. 1. BERBERIS. Stamens 6. Leaves bristly-serrate. Shrubs. 2. CAULOPHYLLUM. Stamens 6. Leaves compound. Herb. 3. DIPHYLLEIA. Stamens 6. Leaves peltate, deeply 2-cleft and lobed. Herb. 4. JEFFERSONIA. Stamens 8. Scape 1-flowered. Leaves 2-parted. Herb. * * Anthers opening longitudinally. 5. PODOPHYLLUM. Stamens 12 or more. Flower solitary in the fork of the two peltate, lobed leaves. 1. BERBERIS, L. BARBERRY. Sepals 6, orbicular. Petals 6, obovate, often biglandular near the base. Stamens 6, irritable. Stigma circular, depressed. Fruit a 1 - 9-seeded berry. Seeds erect. — Shrubs with yellow wood. Leaves bristly serrate, often reduced to branching spines. Flowers racemose, yellow. Berries acid. 1. B. Canadensis, Pursh. (AMERICAN BARBERRY.) Smooth, spiny; leaves obovate, bristly-serrate ; racemes nodding, 6 - 8- flowered ; petals notched ; berries oval, red. — Tipper districts of Georgia and northward. May and June. — .Shrub 2° -3° high, with dotted branches. 2. CAULOPHYLLUM, Michx. BLUE COHOSH. Sepals 6, ovate-oblong. Petals 6, thick and gland-like, shorter than the se- pals. Stamens 6. Style short. Stigma minute, unilateral. Ovary thin, early ruptured by the two growing seeds, withering. Seeds globose, drupe-like, stalked. Albumen horny. — A smooth perennial herb, with large ternately-compound leaves, and small yellowish-green flowers in a terminal raceme or panicle. 1. C. thalictroides, Michx. (Leontice thalictroides, L.) — Mountains of South Carolina (Elliott) and northward. April. — Plant l°-2° high, glau- cous when young. Radical leaf 3-ternate, on a long petiole ; those of the stem (mostly two) sessile, the upper one biternate. Leaflets obovate-wedge-shaped, 2 - 3-lobed. Panicle few-flowered. Seeds glaucous. 3. DIPHYLLEIA, Michx. Sepals 6, caducous. Petals 6, oval, flat, larger than the sepals. Stamens 6. Stigma circular, depressed, slightly 2-lobed. Fruit baccate, 2 -4-seeded. Seeds erect. — A smooth perennial herb, with two large, alternate, peltate, deeply 2-cleft, lobed and serrate leaves, and a terminal cyme of white flowers. 1. D. cymosa, Michx. — Margins of streams on the mountains of North Carolina. May and June. — Stem l°-2° high. Leaves often 2° in diameter, the divisions 5 - 7-lobed. Berries blue. '2* 18 CABOMBACE^E. ( WATER-SHIELD FAMILY.) 4. JEFFERSONIA, Barton. TWIN-LEAF. Sepals 4, petal-like, caducous. Petals 8, oblong. Stamens 8. Stigma nearly sessile, 2-lobed. Capsule coriaceous, obovate, many-seeded, opening transversely on the back, near the summit Seeds numerous, furnished with a fleshy lacini- ated aril. — A low stemless perennial herb, with long-petioled, 2-partcd leaves, and naked scapes, bearing a single white flower. 1. J. diphylla, Pers. — Rich shady woods, Tennessee and northward. April. — Lobes of the leaves half-ovate, entire or toothed. Scapes 6' - 12' high. Flowers 1' wide. 5. PODOPHYLLUM, L. MAY-APPLE. Sepals 6, caducous. Petals 6-9, obovate. Stamens twice as many (in our species) as the petals. Anthers opening longitudinally. Stigma large, peltate, sessile. Fruit baccate, many-seeded. Seeds enveloped in a pulpy aril. — A low perennial herb, with the naked stem terminated by two large peltate, 5 - 9-parted, lobed and toothed leaves, with a solitary nodding flowef in the fork. 1. P. peltatum, L. (MANDRAKE.) — Rich woods, Florida and north- ward. April and May. — Stems 1° high, the barren ones terminated by a single centrally peltate leaf, smooth. Leaves 4' -6' wide. Flowers 1' wide, greenish. Berry l'-2' long, ovoid, yellow, fragrant. ORDER 6. NELUMBIACE^. (NELUMBO FAMILY.) Aquatic herbs, with large circular centrally peltate floating leaves, and solitary hypogynous flowers on long peduncles. Sepals and petals sim- ilar, in several rows, imbricated in the bud, deciduous. Stamens indefi- nite, the slender filaments prolonged above the linear, adnate, introrse anthers. Ovaries separate, 1 -celled, 1-ovuled, imbedded in the flat sum- mit of the large obconical torus, forming large globular nuts in fruit. Stigma nearly sessile, peltate. Seeds suspended. Embryo large. Al- bumen none. 1. NELUMBITJM, Juss. NELUMBO. Characters of the order. 1. N. luteum, Willd. (WATER CHINQUEPIN.) — Lakes and still water, Florida, near Tallahassee, and northward and westward. Not common. July. — Rhizoma large, creeping. Leaves l°-2° wide, depressed in the centre. Flowers 5' - 6' wide, pale yellow. Appendage of the anthers linear. ORDER 7. CABOMBACE^E. (WATER-SHIELD FAMILY.) Aquatic perennial herbs, with peltate or dissected leaves, and solitary hypogynous flowers on long axillary peduncles. Sepals 3-4, colored NYMPH^EACEJE. ( WATER-LILY FAMILY.) 19 inside. Petals 3-4, withering-persistent. Stamens 6-18 : anthers ad- nate, extrorse. Ovaries 2 -18. Ovules suspended. Capsule indehiscent, 1-3-seeded. Embryo minute, at the base of fleshy albumen. 1. CABOMBA, Aublet. Sepals and petals 3. Stamens 6. Ovaries 2-4. Capsule 1-3-seccled. — Stems filiform, branching. Submerged leaves opposite, divided into numerous filiform flattened segments ; floating ones peltate, entire. Flowers small, in the axils of the floating leaves. 1. C. Caroliniana, Gray. Floating leaves oblong-linear ; flowers white. (Nectris aquatica, Nutt.) — Ponds and still water, Florida to North Carolina, and westward. June - August. — Stems 2° - 4° long. 2. BRASENIA, Schrebcr. WATER-SHIELD. Sepals 3-4, purple inside. Petals 3-4, linear, persistent. Stamens 12 - 18 : anthers cxsertecl. Ovaries 4-18. Capsule 1-2-seeded. — Leaves all peltate and entire, alternate, oval, on long petioles. Flowers axillary, on elongated peduncles, dull purple. 1. B. peltata, Pursh. (Hydropeltis purpurea, Miclix.) —Ponds and slow- flowing streams, Florida and northward. July. — Stem, petioles, and lower surface of the leaves coated with a gelatinous, viscid exudation. Leaves 2' -3' wide. ORDER 8. NYMPIOEACE^E. (WATER-LILY FAMILY.) Aquatic herbs, with peltate or cordate, entire, floating leaves, and soli- tary white or yellow flowers on long peduncles. Sepals 4-6, colored inside. Petals numerous, hypogynous or perigynous, imbricated in tho bud. Stamens numerous. Ovary many-celled. Ovules numerous, in- serted on the partitions. Stigmas radiate or peltate. Fruit baccate, many-seeded. Embryo included in a sac at the extremity of farinaceous albumen. Toum. WATER-LILY. i Sepals 4, green outside. Petals oblong, inserted into the thin torus which envelops the ovary, the inner ones passing into stamens. Stamens numerous, inserted above the petals, the outer ones petal-like : anthers adnate, introrse. Ovary many-celled. Stigmas as many as the cells, linear, radiating around a globular central gland. Berry globose. Seed enclosed in a membranaceous aril. — Leaves orbicular, cleft at the base to the centre, floating. Flowers on elongated, often spiral peduncles. 1. "N. odorata, Ait. (POND-LILY.) Rhizoma large, creeping; leaves 6' -12' wide, entire, the sinus narrow and the lobes acute, or else with an open 20 SARRACENIACE^E. (PITCHER-PLANT FAMILY.) sinus and obtuse lobes. (N. reniformis, Walt.) — Ponds and still water, Florida and northward. May- June. — Flowers white, 2'- 4' wide, fragrant, expanding in the morning. Petioles and peduncles occasionally villous. 2. NUPHAR, Smith. YELLOW WATER-LILY Sepals 5-6, obovate, yellow. Petals 10-20, stamen-like, hypogynous. Sta- mens numerous, at length recurved, -persistent. Ovary cylindrical, many-celled. Stigma sessile, circular. Berry oblong. Seeds smooth, without arils — Leaves cordate or sagittate, floating or erect. Flowers yellow, erect 1. "N. advena, Ait. (BONNETS. SPATTER-DOCK.) Leaves thickish, cordate, smooth or downy beneath, often emcrscd and erect, on stout petioles ; sepals 6, the outer ones rounded ; petals numerous, thick and fleshy, truncate. — In still water, common, flowering through the summer. 2. N. sagittsefolia, Pursh. Leaves thin, floating, on slender petioles, ob- long, sagittate, smooth ; lobes at the base expanding ; sepals 6 ; petals trans- formed into stamens. — In still water near the coast, Georgia to North Carolina ; rare. Juno- August. — Leaves 1° long, 2' wide. ORDER 9. SARRACENIACE^E. (PITCHER-PLANT FAMILY.) Perennial marsh herbs, with hollow pitcher or trumpet-shaped leaves, and a naked or bracted scape, bearing few or solitary nodding hypogynous flowers. Sepals 5, colored, persistent. Petals 5, imbricated in the bud, deciduous, rarely wanting. Stamens numerous : anthers adnate, introrse. Ovary 5-celled, many-ovuled. Placentae central. Style single, 5-cleft, or umbrella-shaped. Capsule 5-celled, many-seeded. Embryo minute at the base of fleshy albumen. 1. SARRACENIA, L. TRUMPET-LEAF. SIDE-SADDLE FLOWER. Calyx 3-bracted. Petals obovate, drooping or incurved. Style umbrella- shaped, 5-angled ; the angles emarginate, and bearing the minute hooked stig- mas beneath. Capsule globose, rough, loculicidally 5-valved. — Scape bractless, 1 -flowered. Flowers large, purple or yellow. Leaves 1 -winged, hairy within, and usually containing water and dead insects. * Flowers purple. 1. S. purpurea, L. (HUNTSMAN'S CUP.) Leaves short, spreading, the tube inflated, contracted at the throat, broadly winged ; lamina reniform, erect, hairy within, often purple-veined. — Mossy swamps, Florida and northward. April and May. — Leaves 4' - 6' long. Scapes 1° high. 2. S. Psittacina, Michx. (PARROT-BEAKED PITCHER-PLANT.) Leaves short, spreading ; tube slender, broadly winged, marked with white spots, and reticulated with purple veins ; lamina globose, inflated, incurved-beaked, almost closing the orifice of the tube. — Pine barren swamps, Florida and Georgia. April and May. — Leaves 2' - 4' long. Scapes 1° high. PAP AVERAGES. (POPPY-FAMILY.) 21 3. S. rubra, Walt. (RED-FLOWERED TRUMPET-LEAP.) Leaves elon- gated, erect, slender, narrowly winged, paler above, and reticulated with purple veins; lamina ovate, erect, beak-pointed, tomentosc within; flowers reddish- purple. — Sandy swamps in the middle districts, Georgia to North Carolina and westward. May. — Leaves 10'- 18' long, shorter than the scapes. 4. S. Drummondii, Groom. Leaves elongated, erect, trumpet-shaped, narrowly winged ; lamina erect, rounded, short-pointed, hairy within, and like the upper portion of the tube white, variegated with reticulated purple veins. — Pine barren swamps, Florida to the middle districts of Georgia and westward. April. — Leaves 2° long. Scapes longer than the leaves. Flowers 3' wide. # * Flowers yellow. 5. S. flava, L. (TRUMPET-LEAF. WATCHES.) Leaves large, erect, trumpet-shaped, narrowly winged ; lamina yellow, erect, orbicular, slender- pointed, tomentose within, reddish at the base, or reticulated with purple veins. — Low pine barrens, Florida to North Carolina and westward. April and May. — Leaves yellowish, 2° long. Lamina 3' - 4' wide. Scapes as long as the leaves. Flowers 4'- 5' wide. 6. S. variolaris, Michx. (SPOTTED TRUMPET-LEAF.) Leaves erect, trumpet-shaped, broadly winged, spotted with white near the yellowish summit ; lamina ovate, concave, arching over the orifice of the tube, hairy and reticulated with purple veins within. — Low pine barrens, Florida to North Carolina and westward. May. — Leaves 6' -12' long, longer than the scapes. Flowers 2' wide. ORDER 10. PAPAVERACE^E. (POPPY-FAMILY.) Herbs with colored juice, alternate exstipulate leaves, and solitary hy- pogynous flowers. Sepals 2-3, caducous. Petals 4-12, imbricated in the bud, deciduous. Stamens numerous. Anthers introrse. Ovary 1-celled, with parietal placentas. Capsule many-seeded. Embryo mi- nute, at the base of oily or fleshy albumen. 1. ARGEMONE, L. MEXICAN POPPY. Sepals 2-3, hooded or horned. Petals 4-8. Stigmas 4-7, free, radiate. Capsule oblong-obovate, hispid, opening at the summit by 3 - 6 valves, which separate from the filiform persistent placentae. Seeds globular, crested, pitted. — Glaucous herbs with yellow juice, sessile, pinnatifid, bristly leaves, and showy white or yellow flowers. 1 . A. Mexicana, L. Annual ; leaves pinnatifid-lobed, bristly and prickly, blotched with white ; flowers white or yellow ; calyx bristly. — Waste places, apparently native in South Florida. April and May. — Stem branching, l°-2° high. 22 FUMARIACE.E. (FUMITORY FAMILY.) 2. SANGUINARIA, L. PUCCOON. BLOOD-ROOT. Sepals 2. Petals 8-12. Stigmas 2. Capsule 2-valved, the valves separat- ing from the filiform persistent placentae. Seeds crested — A stemless peren- nial herb, with orange-colored juice. Rhizoma thick. Leaves reniform, with 5-7 wavy or toothed lobes. Flowers white, solitary at the summit of the naked scape, fugacious. 1. S. Canadensis, L, — Rich woods, Florida and northward. March.— Scape 4' - 6' high. Flowers 1' wide, appearing with the leaves. The CORN-POPPY (PAPAVER DUBIUM, L.) is occasionally met with in grain fields and around dwellings. ORDER 11. FUMARIACEJS. (FUMITORY FAMILY.) Smooth herbs with watery juice, alternate compound dissected leaves, without stipules, and irregular flowers. Sepals 2. Petals 4 ; the two outer or one of them spurred or gibbous at the base ; the two inner callous at the apex, and cohering over the stigma. Stamens 6, commonly united in two sets of three each, placed opposite the outer petals, hypogynous : anther of the middle stamen 2-celled, of the lateral ones 1-celled. Capsule 1-celled and 2-valved, with two parietal placentae, or 1-seeded and indehiscent. Embryo minute in fleshy albumen. Synopsis. 1. ADLTJMIA. Petals united, persistent. — A tender vine. 2. DTCENTRA. Petals connivent, deciduous ; the two outer ones gibbous at the base. - Stem- less herbs. 3. CORYDALIS. Petals distinct, deciduous, one of the outer ones gibbous at the base. — Caulescent herbs. 1. ADLUMIA, Raf. Sepals minute. Petals united, free at the summit ; the two outer ones gibbous at the base, withering-persistent. Capsule linear-oblong, 4- 8-seeded. Seeds reniform, not crested. Stigma 2-crested. — A smooth biennial vine. Leaves bi- ternate, with tendril-like petioles. Flowers pale violet, in axillary and drooping panicles. 1. A. Cirrhosa, Raf. (Corydalis fungosa, Vent. )— Mountains of North Carolina and northward. July - September. — Stem 8° -15° long. Leaflets thin, obovate, 2 - 3-lobed. Corolla thick and spongy. 2. DICENTRA, Bork. DUTCHMAN'S BREECHES. Sepals minute. Petals conniving, but scarcely united, deciduous or withering ; the two outer ones spurred or gibbous at the base. Filaments slightly united in two sets. Stigma 2-crested. Capsule 10-20-seeded. Seeds crested. — CKUCUTERJE. (MUSTARD FAMILY.) 23 Stemless perennial herbs, with ternately-compound and dissected leaves. Flow- ers racemose, nodding. 1. D. Cucullaria, DC. Rhizoma granular, bulb-like; scape simple, 4 - 10-fiowered, longer than the (1 -3) long-petioled linear-lobed leaves ; corolla whitish, with two divergent, wing-like spurs, longer than the pedicel ; inner petals minutely crested. — Rich woods, North Carolina and northward. April. — Scape 6' -9' high. 2. D. eximia, DC. Rhizoma granular, scaly ; raceme compound, many- flowered, shorter than the (3-8) oblong-lobed leaves ; corolla rose-color, 2-gibbous at the base ; inner petals conspicuously crested ; stigma 2-horned at the apex. — Mountain rocks, North Carolina and northward. June - September. — Scape 8' -12' high. Bracts purplish. 3. COBYDALIS, Vent. Sepals minute. Petals separate, deciduous ; one of the outer ones sac-like at the base. Filaments united nearly to the summit, with a gland at the base. Stigma 2-lobed. Capsule many-seeded. Seed crested. — Caulescent, annual or biennial herbs, with bipinnate dissected leaves, and flowers in lateral and termi- nal racemes. 1. C. aurea, Willd. Stems diffuse ; racemes simple ; capsule knotted, drooping ; crest of the seeds scalloped ; flowers yellow. — Banks of the Apa- lachicola River (and as an annual weed in gardens), Florida to Mississippi and northward. March .and April. — Stems 6' -12' long. Leaves finely dis- sected. 2. C. glauca, Pursh. Stems erect ; racemes compound ; capsule even, erect, crest of the seeds entire , flowers whitish, tinged with yellow and reddish. — Mountains of North Carolina and northward. May. — Plant glaucous, 1° - 2° high. Divisions of the leaves coarser than the last. ORDER 12. CRUCIFER^E. (MUSTARD FAMILY.) Herbs with pungejat watery juice, alternate exstipulate leaves, and reg- ular hypogynous racemose or corymbose flowers, on bractless pedicels. Fruit a silique or silicle. — Sepals 4, deciduous. Petals 4, regular, placed opposite each other in pairs, their spreading limbs forming a cross. Sta- mens 6 (rarely fewer), two of them shorter. Capsule 2-celled by a mem- branaceous partition which unites the two marginal placentaa, from which the two valves separate at maturity, or indehiscent and nut-like, or sepa- rating into 1 -seeded joints. Seeds campylotropous, without albumen, filled with the large embryo, which is curved or folded in various ways, or straight only in Leavenworthia. (The genera are distinguished chiefly by the fruit and seed ; the flowers being nearly similar throughout the order.) 24 CRUCIFER^E. (MUSTARD FAMILY.) Synopsis. I. SILIQUOS^E. Fruit a silique, few -many-seeded. * Cotyledons flattened, parallel with the partition, one edge applied to the ascending radicle (accumbent). t- Valves of the fruit nerveless. 1. NASTURTIUM. Silique short, nearly terete. Seeds in two rows in each cell. 2. IODANTIIUS. Silique elongated, terete. Seeds in a single row in each cell. 3. CARDAMINE. Silique linear, compressed. Seeds wingless, in a single row. 4. DENTARIA. Silique lanceolate, compressed. Seeds wingless, in a single row. 5. LEAVENWORTHIA. Silique oblong. Seeds winged. Embryo straight. •»- ••- Valves of the fruit 1-nerved. 6. ARABIS. Silique linear, elongated : valves flattened. * * Cotyledons flat, with one edge turned toward the partition, and the back of one of them applied to the ascending radicle (incumbent). 7. SISYMBRIUM. Silique sessile, nearly terete. 8. WAREA. Silique stalked, compressed. Petals on long claws. II. SILICULOSJE. Fruit a silicic. * Silicle compressed parallel with the broad partition, or globular. •*- Cotyledons accumbent. 9. DRABA. Silicle oval or oblong, many-seeded valves 1 - 3-nerved. 10. YESICARIA. Silicle orbicular, few-seeded : valves nerveless. •i- *- Cotyledons incumbent. 11. CAMELINA. Silicle obovoid : valves 1-nerved. * * Silicle compressed contrary to the narrow partition. Cotyledons incumbent, rarely accumbent. 12. SENEBIERA. Valves of the silicic globular, rugose : seeds' solitary. 13. LEPIDIUM. Valves of the silicic boat-shaped : seeds solitary. 14. CA£SELLA. Valves of the silicic boat-shaped : seeds numerous. HE. LOMENTACE2E. Fruit separating transversely into joints. 15. CAKILE. Fruit 2-jointed. 1. NASTURTIUM, K. Br. WATER-CRESS. Silique nearly terete, linear or oblong, or short and silicle-like, usually curved upward ; the valves nerveless. Seeds numerous, small, in two rows in each cell, not margined. Cotyledons accumbent. — Herbs. Leaves $innately-lobed. Flow- ers white or yellow, small. 1. N". tanacetifolium, Hook. & Arn. Smooth; stems diffuse; leaves pinnately divided, with pinnatifid or toothed lobes ; silique oblong-linear, pointed with the short style, twice as long as the pedicel. (Sisymbrium, Walt. S. Wai- ten, Ell.) — Damp soil, East Florida to South Carolina, and westward. March and April. — Stems 6'- 12' long. Flowers minute, yellow. 2. N. sessiliflorum, Nutt. Smooth ; stem stout, erect, branching ; leaves oblong-obovate, pinnatifid toward the base, toothed above, obtuse ; silique linear- oblong, pointed with the very short and thick style, four or five times as long as the pedicel. — Banks of the Apalachicola River, Florida and westward. Febru- ary - April. CL) — Stem 1° - 2° high. Flowers minute, yellow. CRUCIFER^E. (MUSTARD FAMILY.) 25 3. N. palustre, DC. Smooth or hairy ; stem erect, branching ; leaves clasping, pinnatifid, with toothed lobes ; silique short, ovate or oblong-ovate, pointed with the distinct and rather slender style, barely half as long as the spreading pedicel. — Wet places, North Carolina and westward. June -August. — Stem l°-2° high. Flowers small, yellowish. 4. "N. lacustre, Gray. Smooth ; stem sparingly branched ; immersed leaves pinnately divided into very numerous capillary segments, emersed ones lanceolate, serrate ; silique 1 -celled, obovate, pointed with the slender style, shorter than the spreading pedicel. — Rivers and cool springs, West Florida, thence northward and westward. July. — Stem l°-3° long. Flowers conspicuous, white. 5. ]N". officinale, R. Br. (WATER-CRESS.) Stems spreading and root- ing ; leaves pinnate, with the leaflets roundish or oblong and nearly entire ; silique linear (6'' -8" long), on slender spreading pedicels; petals white, twice the length of the calyx. — Ditches, &c., Florida and northward. Intro- duced. 2. IODANTHUS, Torr. & Gray. Silique linear, elongated, terete ; the valves nerveless. Seeds in a single row in each cell, not margined. Cotyledons accumbent. Claws of the violet-purple petals longer than the calyx. — A smooth perennial, with ovate-oblong pointed and toothed leaves, the lowest sometimes lyrate-pinnatifid, and showy flowers in panicled racemes. 1. I. hesperidoides, Torr. & Gray. (Hespcris pinnatifida, Mchx.) — Banks of rivers, Tennessee and northward. May and June. — Stem l°-3° high. Pods 1' or more long, curving upward. 3. CABDAMINE, L. Silique linear, flattened ; the valves nerveless, usually opening clastically from the base. Seeds several, wingless, disposed in a single row in each cell, sus- pended by filiform stalks. Cotyledons accumbent. — Herbs. Leaves often un- divided, Flowers purple or white. * Perennials. 1. C. rotundifolia, DC. Smooth; root fibrous; stem erect, simple, soon bearing from the root or upper axils long and leafy runners ; leaves oval or orbicular, often cordate, wavy or toothed, the lowest long-petioled and some- times sparingly pinnatifid ; silique subulate, spreading ; seeds oval. — Cool springs, in the upper districts and northward. May and June. — Stem 6' -12' high. Runners at length 2° - 3° long. Flowers conspicuous, white. 2. C. rhomboidea, DC. Smooth ; root tuberous ; stem simple, erect, without runners ; leaves long-petioled, round-cordate, with wavy margins ; the uppermost oblong-ovate, toothed, sessile ; silique linear-lanceolate, pointed with the slender style; seeds round-oval. — Cool springs, West Florida and north- ward. April and May. — Stem 12'- 18' high. Flowers white, larger than in No. 1. 3 26 CRUCIFER^:. (MUSTARD FAMILY.) * * Annuals. 3. C. spathulata, Michx. "Radical leaves petiolate, spathulate, entire, pubescent with branching hairs ; stem-leaves linear Stem decumbent, silique linear, straight, spreading and slightly reflexcd, pointed with the sessile stigma." (DC.) — High mountains of Carolina (Michaux). ( *) 4. C. Ludoviciana, Hook. Low; stems branching and hairy at the base; leaves lanceolate, pinnatifid with numerous oblong or linear sparingly toothed lobes, those of the root tufted ; silique broadly linear, erect-spreading, pointed with the sessile stigma ; seeds orbicular, margined. — Waste places near dwellings, Florida to North Carolina and westward. March and April. — Stems 4' -6' high. Flowers small, white. 5. C. hirsuta, L. Smooth or hairy ; stem erect ( 1° - 2° high), branching ; leaves pinnatifid, with numerous oval or oblong sparingly toothed lobes, those of the upper leaves linear and entire ; silique narrow-linear, erect, pointed with the nearly sessile stigma; seeds oval, minute, marginless. — Var. VIRGINICA. (C. Virginica, Michx.) Smaller (6' -10' high); lobes of the leaves linear or filiform. — Wet (the variety in dry) soil, Florida and northward. March and April. — Flowers small, white. 4. DENT ARIA, L. TOOTHWORT. Silique lanceolate, flattened. Seeds ovate, disposed in a single row in each cell, on flattened stalks, not margined. — Perennial herbs, wkh creeping fleshy roots, and simple stems, bearing at the summit 2-3 palmately-divided leaves, and a single raceme of large white or purple flowers. Radical leaves on long petioles. 1. D. diphylla, Michx. Root not jointed ; stem-leaves 2, opposite or near- ly so, ternately divided; leaflets ovate or ovate-lanceolate, coarsely toothed; those of the root similar ; racemes many-flowered, longer than the leaves ; flow- ers white. — Rich shady woods, along the mountains and northward. April. — Stem 8' -12' high. Root pungent. 2. D. laciniata, Muhl. Root jointed ; stem-leaves mostly 3, whorled, ternately divided; leaflets lanceolate or linear, lobed and toothed; the lateral ones 2-paited j those of the root similar or sometimes wanting ; racemes few - many-flowered, often shorter than the leaves ; flowers white or pale purple. — Banks of rivers in shady places, Florida and northward. Feb. - April. — Stem 4' -12' high. 3. D. heterophylla, Nutt. Root jointed; stem -leaves 2, small, opposite, 3-parted ; leaflets linear, toothed or entire ; root-leaves ternate, with large ovate crenately-lobed and toothed leaflets ; racemes few-flowered ; flowers rather small, purple. — Shady woods, North Carolina and northward. April. — Stem 6' - 12' high. 4. IX multifida, Muhl. Root tuberous ; stem-leaves mostly 3, whorled, 2 - 3-ternately divided into very narrow segments ; flowers white. — Shady woods in the upper districts, Alabama and northward. Stems 6' - 8' high. Leaves often as finely divided as those of the Carrot, sometimes approaching some of the forms of No, 2, but with smaller flowers, and longer petioles and pedicels. CKUCIFERJE. (MUSTARD FAMILY.) 27 5. LEAVENWORTHIA, Torr. Silique oblong or oblong-linear, compressed, often contracted between the seeds. Seeds in a single row in each cell, orbicular, flat, winged. Embryo straight or nearly so. — Small annual or biennial herbs, with short 1 -few-flow- ered stems, pinnatifid leaves, and yellow, white, or purplish flowers, on elongated pedicels. 1 . L. aurea, Torr. Leaves mostly radical, with 4-8 oblong toothed lobes, the terminal one larger and rounded; raceme at length 4-10-flowered; style manifest ; embryo straight. — On flat rocks in the upper districts of Alabama and westward. — Plant 2' - 6' high. Flowers yellow. 2. L. Michauxii, Torr. Leaves as in No. 1 ; flowers mostly solitary, on radical peduncles ; style almost none ; embryo slightly curved. (Cardamine uni- flora, Michx.) — Rocks, Alabama and Tennessee. — Flowers purplish or white. 6. ABABIS, L. Silique elongated, linear, flattened ; valves 1-nerved. Seeds numerous, in a single row in each cell, roundish, usually winged or margined. Cotyledons ac- cumbent. — Chiefly annual or biennial herbs. Radical leaves mostly pinnatifid ; those of the stem sessile and often cordate or sagittate at the base. Flowers white or rose-colored, in terminal racemes. 1. A. hirsuta, Scop. Rough-hairy; stems mostly simple, erect, rigid, very leafy ; radical leaves oblanceolate, obtuse, mostly entire ; those of the stem lanceolate or oblong, clasping, sparingly toothed; silique pedicelled, narrow- linear, erect, pointed with the sessile stigma ; seeds narrow-margined. — Rocky or sterile soil, Tennessee and northward. May. ® — Stems l°-2° high, often several from one root. Leaves %'-l' long. Flowers small, the greenish-white petals rather longer than the calyx. 2. A. patens, Sulliv. Downy with spreading hairs, erect (1° -2° high); stem-leaves oblong-ovate, acutish, coarsely toothed or the uppermost entire, half- clasping by the heart-shaped base ; petals (bright-white) twice the length of the calyx ; pedicels slender, spreading ; silique slender and curving upward, tipped with a distinct style. — Rocky banks near Nashville, Tennessee, and northward. May. — Silique 1 £' - 2' long. 3. A. dentata, Torr. & Gray. Pubescent and roughish; stems slender, diffusely branched, erect or ascending ; leaves obtuse, unequally and sharply toothed, the lowest (2' -5' long) oblong-obovate, tapering into a slender petiole; the others smaller, oblong, clasping and auriculate at the base ; racemes at length elongated ; siliques scattered, narrow-linear, widely spreading, on short pedicels ; petals whitish, scarcely exceeding the calyx. — Tennessee and northward. May. — Plant about 1° high. Silique 1' long. 4. A. lyrata, L. Stem smooth, branching from the base ; radical leaves tufted, pinnatifid, ciliate, those of the stem linear or lanceolate and entire ; silique pedicelled, very narrow, erect-spreading, pointed with the short style ; seeds with- out margins. — Mountains of North Carolina and northward. April -June. — Stems 4' - 10' high. Flowers white, the petals twice the length of the calyx. 28 CRUCIFERJE. (MUSTARD FAMILY.) 5. A. Canadensis, L. Stem stout, simple, nearly smooth above ; leaves thin, downy, lanceolate, slightly toothed, sessile by a narrow base, the lowest coarsely or pinnatifid-toothed ; siliques curved, drooping, on rough pedicels; seeds winged. (A. falcata, Michx.) — Dry or rocky places in the upper districts. May and June. — Stems 2° -3° high. Silique 2' -3' long. Flowers white. Petals oblong-linear, not twice the length of the hairy calyx. 6. A. Isevigata, DC. Smooth and glaucous ; stem erect ; leaves linear or lanceolate, entire or sparingly toothed, sagittate and clasping at the base ; pedicels short; petals (whitish) narrow, slightly exsertcd ; silique elongated, narrow-linear, recurved-spreading ; seed winged. — Rocky places, North Caro- lina, Tennessee, and northward. May. — Stem l°-2° high. Silique 2' -3' long. 7. SISYMBRIUM, L. HEDGE-MUSTARD. Silique linear or oblong, terete or somewhat angled, with 1 -3-nerved valves. Seeds in a single row in each cell, oblong, marginless. Cotyledons linear-oblong, incumbent. — Herbs with simple or pinnately divided leaves. Flowers in ra- cemes, small, white or yellow. 1. S. canescens, Nutt. Pubescent and somewhat hoary ; stem simple or sparingly branched; leaves bipinnatifid, with small mostly toothed lobes; ra- cemes at length elongated ; silique shorter than the spreading pedicel. (Carda- mine? multifida, DC.) — Waste ground, Florida, northward and westward. March and April. @ — Stem l°-2° high. Flowers small, greenish-white. 2. S. Thaliana, Gaud. Stem slender, branching, hairy at the base ; leaves hairy, toothed or entire, the lowest obovate or oblanceolate, tufted, the others small and scattered ; siliques linear, erect-spreading, twice as long as the pedi- cels.— Rocks and sterile soil, Georgia and northward. Introduced. March and April. @ — Stem 4'- 8' high. Flowers white. 3. S. Oflacinale, Scop. Stem tall (2° -3°), branching, and with the run- cinate leaves pubescent ; silique subulate, nearly sessile, appressed to the rachis. — "Waste grounds in the upper districts, and northward. Introduced. May- Sept. (1) — Flowers pale yellow. 8. WAREA, Nutt. Silique linear, flattened, long-stalked, recurved ; the valves 1-nerved. Seeds in a single row in each cell. Cotyledons oblong, flat, incumbent. — Smooth and erect branching annuals. Leaves entire. Flowers showy, in corymb-like racemes. Petals long-clawed, white or purple. 1. W. amplexifolia, Nutt. Leaves oval and slightly clasping; petals oval, bright-purple ; silique linear. — Sand hills, Florida. September. — Stem l°-2° high. 2. W. cuneifolia, Nutt. Leaves wedge-lanceolate; petals obovate, white or rarely purple; silique narrow-linear. — Sand hills, Florida and Georgia. September. — Stem l°-2° high. CKUCIFER^. (MUSTARD FAMILY.) 29 9. DRABA, L. Silicle oblong or oval, flattened parallel with the broad partition. Seeds nu- merous in two rows in each cell, compressed, wingless. Cotyledons accumbent. — Small herbs with entire or toothed leaves, and yellow or white flowers in ter- minal racemes. § 1. DRABA. — Petals entire. 1. D. brachycarpa, Nutt. Annual; minutely downy ; stems leafy, sim- ple or branched ; radical leaves round-ovate, stalked, those of the stem oblong- linear ; silicic oval, as long as the pedicel. — Middle districts of Georgia, in dry soil, and westward. March and April. — Stem 2' - 6' high. Silicle 2"- 3" long. Flowers white. 2. D. Caroliniana, Walt. Annual ; stems leafy and hispid at the base, smooth above ; leaves tufted, spatulate-obovate, hispid ; silicle linear-oblong, two or three times as long as the pedicel. — Sandy fields, Georgia and north- ward. February - April. — Stems 1'- 3' high. Silicle 4" -6" long. Flowers white. 3. D. CUneifolia, Nutt. Annual ; leaves obovate, wedge-shaped, or the lowest spatulate, toothed ; raceme somewhat elongated in fruit (l'-3'), at length equalling the naked peduncle ; petals emarginate, much longer than the calyx ; silicles oblong-linear, minutely hairy, longer than the horizontal pedicels. — West Florida (Nuttall) and westward. March and April. 4. D. ramosissima, Desv. Perennial; stems diffuse, pubescent ; leaves linear-lanceolate or the lowest oblanceolate and crowded, coarsely toothed ; ra- cemes corymbose-branched ; silicle lanceolate, flat, twisted, hairy ; style slender. — Mountains of North Carolina and northward. April and May. — Stems 4' - 8' long. Flowers white. § 2. EROPHILA. — Petals 2-cleJl. 5. D. verna, L. Stems naked, slender (2' -4' high) ; leaves radical, ob- long ; silicles oblong, smooth, shorter than the pedicels, scattered ; flowers small, white. — Waste places, chiefly in the upper districts. Introduced. (I). 10. VESICARIA, Lam. Silicle globular and inflated, or more or less flattened parallel to the orbicular partition ; the hemispherical or convex thin valves nerveless. Seeds few or sev- eral, flat. Cotyledons accumbent. Filaments toothless. — Low herbs, pubescent or hoary with stellate hairs. Flowers mostly yellow. 1. V. Lescurii, Gray. Somewhat pubescent, but green ; stems dif- fusely ascending from a biennial root ; leaves oblong or oval, sparingly toothed, those of the stem half-clasping by a sagittate base ; racemes elongated, many- flowered ; pedicels ascending ; filaments inflated at the base ; style half the length of the hispid orbicular or broadly oval flattened silicle ; seeds wing-mar- gined, one to four in each cell. — Hills near Nashville, Tennessee. April and May. — Flowers golden yellow. 3* 30 CRUCIFEILE. (MUSTARD FAMILY.) 11. CAMELINA, Grant/. Silicic ovoid or pear-shaped, flattened parallel to the broad partition ; valves 1 -nerved. Seeds numerous, oblong. Cotyledons incumbent. Style slender. — Flowers small, yellow. 1. C. saliva, Crantz. Leaves alternate, sagittate; silicic large. — Fields, North Carolina, and northward. Introduced. (l). 12. SENEBIERA, Poir. Silicic didymous, compressed contrary to the narrow partition ; the cells glob- ular, 1-seeded, crested or pitted, indehiscent, at maturity separating from the par- tition. Cotyledons incumbent. — Annual or biennial diffuse strong-scented herbs, with pinnatcly lobed or divided leaves, and minute white flowers, in short ra- cemes, opposite the leaves. Stamens 2, 4, or 6. 1. S. pinnatifida, DC. Stem prostrate; leaves deeply pinnatifid, with the numerous lobes toothed on the upper edge ; silicic pitted, emarginate at both ends. — Waste places, Florida to North Carolina. March -May. — Racemes many-flowered. 2. S. CoronopUS, Poir. Stem prostrate; leaves deeply pinnatifid, with the lobes entire, toothed, or pinnatifid ; silicles not emarginate, the margins crested. — Waste places. Introduced. March and April. 13. LEPIDIUM, L. PEPPERGRASS. Silicic rounded or obcordate, compressed contrary to the narrow partition ; valves carinate : cells 1-seeded. Cotyledons accumbent and incumbent. Petals sometimes wanting. Stamens 2, 4, or 6. — Leaves entire, toothed, or pinnately divided. Flowers minute, in terminal racemes. 1. L. Virginicum, L. Smooth; stem erect, much branched; leaves lanceolate, sharply toothed, the lowest tapering and mostly pinnatifid toward the base ; silicic orbicular, wingless ; cotyledons accumbeut ; stamens mostly two. — Waste places, very common. March -June. (I) — Stem 1° - 2° high. 14. CAPSELLA, Vent. SHEPHERD'S PURSE. Silicic triangular-wedge-shaped, flattened contrary to the narrow partition, many-seeded ; valves wingless. Cotyledons incumbent. — An annual herb, with the radical leaves clustered and pinnatifid ; those of the stem clasping and often entire. Racemes elongated. Silicic shorter than the spreading pedicel. Flowers white. 1. C. Bursa-pastoris, Moench. — Waste ground, Florida and northward. March and April. Introduced. 15. CAKILE, Tourn. Silicic 2-jointed; the joints thick, 1-celled, 1-seeded. Seed of the upper joint erect, of the lower suspended. Cotyledons accumbent. — Fleshy sea-side annu- als, with pinnatifid or lobed leaves, and white or purple flowers in racemes op- posite the leaves. CAPPARIDACE^E. (CAPER FAMILY.) 31 1. C. maritima, Scop., var. 88qualis. Smooth; stem much branched, prostrate ; leaves oblong, irregularly toothed or pinnatifid, narrowed intc ,a petiole as long as the limb ; flowering racemes short and corymb-like, fruiting ones elongated ; petals wedge-obovatc, emarginatc ; mature silicic linear, 8-ribbed, the upper joint ovate-lanceolate, slightly compressed, beak-pointed, one third longer than the cylindrical lower one ; cotyledons linear, 3-anglcd. (C. sequa- lis, L'Her.) — Drifting sands along the coast. May -August. — Stems l°-2° long. Flowers pale purple. ORDER 13. CAPPARIDACE^E. (CAPER FAMILY.) Herbs, shrubs, or trees, with acrid watery juice, alternate, simple or palmately-compound leaves, and regular hypogynous flowers. Stipules spiny or wanting. — Sepals 4, imbricated or valvate in the bud. Petals 4, mostly clawed. Stamens 6 or numerous. Ovary 1-celled : ovules am- phitropous or campylotropous, attached to the two parietal placentas. Fruit silique-like, and 2-valved or indehiscent. Seeds reniform, without albumen. Embryo curved. Synopsis. * Calyx 4-sepalous. — Herbs. 1. POLANISIA. Stamens 8 - 32, free. Torus short. Style filiform. 2. CLEOME. Stamens 6. free. Torus short. Stigma sessile. 3. GYNANDROPSIS. Stamens G. Filaments partly united with the stipe of the ovary. * * Calyx 4-parted. — Shrubs. 4. CAPPARIS. Stamens numerous, free. Leaves entire. 1. POLANISIA, Raf. Petals clawed. Stamens 8-32: filaments free, unequal, filiform. Torus short, bearing a truncated or emarginate gland on the upper side. Ovary sessile or short-stipitate. Style filiform. Capsule silique-like, many-seeded. — Annual clammy herbs, with palmately trifoliolate petioled leaves, and racemose flowers. 1. P. tenuifolia, Torr. & Gray. Stem slender, erect, branching ; leaflets filiform, longer than the petiole ; petals oval, entire, short-clawed, unequal ; sta- mens 12-15; capsule linear, smooth, short-stipitate, pointed with the persistent style ; seeds minute, circular. — Georgia (Le Conte) and South Florida (Blodgett). — Stem l°-2° high. Flowers white. 2. CLEOME, L. Petals long-clawed, nearly equal, entire. Stamens 6. Filaments filiform, elongated, 1-3 often shorter, rarely all abbreviated. Torus short, hemispherical. Stigma sessile. Capsule silique-like, stipitate or almost sessile, many-seeded. — Herbs with palmately 3 -7-foliolate leaves, and bracted racemose flowers. Stip- ules, when present, spiny. 32 VIOLACE^E. (VIOLET FAMILY.) 1. C. pungens, Willd. Clammy-pubescent; leaves 5 - 7-foliate, long- petioled ; leaflets lanceolate, acute, serrulate ; lower bracts trifoliolate, the upper ones simple, cordate-ovate ; stipules spiny ; capsule smooth, shorter than the elon- gated stipe ; seeds rugose. — "Waste places, Florida and westward. May - August. Introduced. © — Stem 2° - 4° high. Petioles more or less spiny. Flowers showy, purple, changing to white. 3. GYNANDROPSIS, DC. Petals clawed, imbricated or open in the bud. Stamens 6 ; the filaments ad- nate to the lower half of the elongated stipe of the ovary. Stigma sessile. Capsule silique-like, many-seeded. — Herbs with palmately 3 - 5-foliolate leaves, and racemose bracted flowers. 1. G. pentaphylla, DC. Clammy-pubescent; leaves 5-foliate, the lower ones and bracts 3-foliolate ; leaflets oblong-obovate, nearly entire ; flowers white, open in the bud ; capsules hispid ; seeds warty. — Waste places, Florida to North Carolina. Naturalized. May -August. © — Stem 2° -3° high. 4. CAPPABIS, L. CAPER-TREE. Sepals partly united, imbricated or valvate in the bud, often glandular at the base. Petals imbricated in the bud. Stamens numerous. Torus small. Ovary long-stipitate. Stigma sessile. Fruit fleshy, globose or silique-like, many- seeded. — Shrubs or trees, with simple entire coriaceous leaves, spiny or adnate stipules, and mostly showy flowers. 1. C. Jamaicensis, Jacq, Leaves oblong, emarginate, smooth above, the lower surface, like the flowers and flattened branches, dotted and covered with minute scales ; flowers terminal, by pairs, on short 4-angled peduncles ; sepals ovate, valvate in the bud, scarcely shorter than the oval white petals ; filaments 20 - 24, long, villous at the base; capsule long (6'- 8'), cylindrical, torulose, downy, long-stipitate. ( Colicodendron anceps, Shuttl.) — South Flor- ida. — Shrub 8° - 10° high. 2. C. cynophallophora, L. Leaves oblong, obtuse, reticulate-veined, glabrous like the flowers and branches ; peduncles 4-angled, few-flowered ; se- pals rounded, imbricated in the bud, much shorter than the obovate white petals ; filaments very long (2'), smooth; capsule (6' -8' long) smooth, torulose, short- stipitate, pulpy within. — South Florida. — Shrub 6° - 8° high. ORDER 14. VIOL.ACE7E. (VIOLET FAMILY.) Herbs or shrubs. Leaves alternate, simple, involute in the bud. Stip- ules persistent. Flowers irregular, axillary, on bracted peduncles, nod- ding. Sepals 5, persistent, imbricated in the bud. Petals 5, hypogynous, obliquely convolute in the bud. Stamens 5, alternate with the petals, connivent. Anthers adnate, introrse, Style single. Capsule 1-celled, loculicidally 3-valved, many-seeded: valves each bearing a placenta in the middle. Embryo straight, in fleshy albumen. VIOLACEJE. (VIOLET FAMILY.) 33 1. VIOLA, Tourn. VIOLET. HEART'S-EASE. Sepals nearly equal, produced at the base into a free appendage. Petals un- equal, the lower one produced into a sac or spur at the base. Stamens short • the broad filaments membranaceous and prolonged above the anthers ; the two anterior ones spurred on the back. Stigma often beaked. — Low herbs. Pe- duncles 1 -flowered. § 1. Leaves and peduncles arising from a subterranean rhizoma, without apparent stems : perennials, flowering in early spring, the later flowers apetalous. * Flowers blue or purple* 1. V. CUCUllata, Ait. Smooth or pubescent ; leaves long-petioled, all undivided, varying from cordate-ovate to reniform, serrate, the sides at the base involute when young ; the later ones acutish ; lateral petals bearded ; stigma beakless. — Low ground, common. — Flowers blue, often variegated with white. 2. V. palmata, L. Downy or hairy, rarely smooth ; earliest leaves entire, cordate or reniform; later ones variously 3- 9-lobed, the central lobe always largest, lanceolate or oblong, the lateral ones spreading ; flowers large, with the lateral and lower petals bearded. — Dry soil, common. — Flowers purple or blue. 3. V. Villosa, Walt. Downy ; leaves prostrate, short-petioled, orbicular or broadly cordate, crenate, purple- veined ; peduncles mostly shorter than the leaves, flowers small. — Dry sandy or gravelly soil, Florida to North Carolina. — Flowers pale blue. 4. V. sagittata, Ait. Smoothish; leaves cordate-oblong, acute, toothed and somewhat sagittate at the base, the earliest ones rounded, short-petioled ; lateral petals bearded. — Damp pastures in the upper districts and northward. — Flowers larger than in the last, deep blue. 5. V. pedata, L. Smoothish ; leaves all 7 - 9-parted, the divisions linear- lanceolate, entire or toothed, narrowed downward ; petals beardless. — Dry sandy soil in the middle and upper districts, and northward. — Flowers large, deep blue or purple. * * Flowers white. 6. V. primulsefolia, L. Smooth or hairy ; leaves oblong, mostly acute, crenate, cordate or abruptly decurrent on the winged petiole ; petals often acute, the lower ones bearded and striped with purple. — Low grounds, common. — Rhizoma slender, and commonly bearing long leafy runners. Flowers small. 7. V. lanceolata, L. Smooth or pubescent ; leaves lanceolate or linear, narrowed into the long and winged petioles ; flowers beardless. — Low pine bar- rens. Florida and northward. — Rhizoma like the last. 8. V. blanda, Willd. Minutely pubescent; rhizoma slender; leaves small, orbicular-cordate, crenate, shorter than the peduncles ; flowers small, beardless, sweet-scented, the lower petal striped with purple. — Low ground and meadows, North Carolina and northward. — Petioles slender, wingless. Leaves rarely acute. 34 VIOLACE^E. (VIOLET FAMILY.) * # # Flowers yellow, 9. V. rotundifolia, Michx. Nearly smooth ; leaves broadly cordate, longer than the short petioles ; lateral petals bearded. — Mountains of North Carolina and northward. — Rhizoma slender, bearing runners. Leaves flat on the ground. Petals striped with purple. § 2. Leaves and flowers Lome on manifest stems : perennials. * Stems leafy throughout. 10. V. Muhlenbergii, Torr. Primary stems erect, the later ones pros- trate ; leaves broadly cordate or reniform, crenate and roughened with minute elevated points, the uppermost acute ; stipules fringed ; spur obtuse, half as long as the pale purple petals ; lateral petals bearded. — Damp shades in the upper districts and northward. Var. multicaulis, Torr. & Gray. Stems all prostrate and creeping;' leaves smaller, roundish, obscurely crenate, purple-veined. — Dry rocks and hills in the lower districts. March and April. — Stems slender, 4' - 6' long. 11. V. Stricta, Ait. Stems ascending ; leaves cordate, serrate, rough- ened as in No. 10, the uppermost often acute ; stipules large, fringed ; spur thick, shorter than the large cream-colored petals ; lateral petals bearded, the lower striped with purple. — Mountains of Georgia and northward. April. — Stems 10' - 12' high. Peduncles elongated. 12. V. Canadensis, L. Tall ; leaves large, broadly cordate, acuminate, coarsely serrate, longer than the peduncles ; stipules nearly entire ; spur very short; petals white, externally purplish, the lateral ones bearded. — Rich soil along the mountains of North Carolina and northward. May - August. — Stems l°-2° high. * * Stems leafy at the summit : stipules entire. 13. V. liastata, Michx. Smooth or hairy ; leaves rhombic-ovate, hastate - 3-lobed, or the lower ones 3-parted (V. tripartita, Ell.}, serrate and commonly acute ; flowers small, yellow ; lateral petals bearded, the lowest striped with purple ; spur very short. — Shaded hill-sides, Florida and northward. April and May. — Stem 6'- 12' high. Stipules small. 14. V. pubescens, Ait. Downy or woolly ; leaves broadly cordate, coarsely serrate, mostly acute ; stipules large ; spur very short ; flowers yellow, the lower petals veined with purple, bearded. — Dry rocky soil in the upper dis- tricts, and northward. April. — Stems 6' - 12' high. Capsules sometimes villous. § 3. Stems leafy : root annual. 15. V. tricolor, L., var. arvensis, DC. Stems branching ; lowest leaves roundish, the upper lanceolate, entire ; stipules leafy, pinnatifid ; flowers small, yellow and purple. — Cultivated ground. Introduced. — Stem 6' high. 2. SOLE A, Ging. Sepals not produced at the base. Petals unequal, the lowest one gibbous at the base and 2-lobed at the apex, the others smaller. Stamens with the filaments united and produced above the anthers, the two lower ones glandular at the CISTACE^E. (ROCK-ROSE FAMILY.) 35 base. Style hooked at the summit. — An upright simple hairy perennial herb, with numerous ovate-lanceolate, acuminate and entire leaves, and 1-3 short- stalked greenish nodding flowers in each axil. 1 . S. concolor, Ging. — Mountains of Carolina and northward, in deep shades. June and July. ( Viola concolor, Pursh.) — Stem 1°- 2° high. Leaves short-petioled. ORDER 15. CISTACEJS. (ROCK-ROSE FAMILY.) Herbs or low shrubs, with entire leaves, and regular mostly polyandrous flowers. — Sepals 5, persistent, the two outer ones smaller, the three inner twisted in the bud. Petals mostly 5, twisted contrary to the sepals in the bud, rarely wanting. Stamens few or numerous, distinct, hypogynous. Anthers innate. Ovary 1-celled. Style single. Capsules 3- 5-valved, bearing as many parietal placentae each in the middle of the valve, few or many-seeded. Seeds orthotropous. Embryo curved, in mealy albumen. Synopsis. 1. IIELIANTHEMUM. Style none. Stigma capitate. Embryo nearly annular. 2. LECUEA. Style none. Stigmas plumose. Embryo nearly straight. 3. HUDiONIA Style filiform Stigma minute. Embryo coiled. 1. HELIANTHEMUM, Tourn. ROCK-ROSE. Petals 5, corrugated in the bud, sometimes wanting. Stigma sessile or nearly so, capitate, 3-lobed. Capsule 3-valved. Embryo curved nearly into a ring. — Low herbs or partly shrubby plants, with fugacious yellow flowers. * Floivers perfect : petals conspicuous : stamens indefinite : capsule many-seeded. 1. H. Carolinianum, Michx. Hirsute; leaves lanceolate, denticulate, acute, short-petioled, the lowest obovate, crowded ; flowers large, solitary, borne above the axils. — Dry sandy soil, Florida to North Carolina and westward. March and April. — Stems 6' -12' high, ascending from a shrubby base. Flowers 1' wide. 2. H. arenicola, sp. n. Hoary ; leaves small, lanceolate, obtuse, entire, with the sides revolute ; flowers solitary, or 2 - 4 in terminal umbellate clusters, on slender pedicels. — Drifting sands near the coast, West Florida. March and April. — Stems shrubby and branched at the base, all but the short (2' -6') flowering stems buried in the sand. Flowers £' wide. * * Flowers of two kinds : the earliest as in the last section, the later ones smaller, clustered, with small petals, or none, fewer stamens, and few-seeded capsules. 3. A. COrymbosum, Michx. Tomentose, stems erect, shrubby at the base ; leaves lanceolate, obtuse, entire, hoary beneath, with the sides revolute ; flowers nearly sessile in a cymose cluster at the summit of the stem, the perfect ones long-ped uncled ; sepals woolly. — Dry sands near the coast, Florida to North Carolina. April. — Stems 1° high. Capsule smooth. 36 DROSERACE.&. (SUNDEW FAMILY.) 4. H. Canadense, Michx. Stems erect, at first nearly simple, downy or smooth ; leaves lanceolate, downy, or nearly smooth above ; flowers axillary, the perfect ones large, solitary, the later apetalous ones clustered or sometimes wanting. (H. rosmarinifolium, Ph. 1 H. ramuliflorum, Michx.) — Dry sterile soil, Florida and northward. April. — Stems 1° high. Perfect flowers an inch wide. 2. LECHEA, L. Petals 3, persistent, not longer than the sepals. Stamens 3-12. Stigmas 3, sessile, plumose. Capsule globose, 3-valved, incompletely 3-celled, 6-seeded. Embryo slightly curved. — Perennial herbs, with small greenish flowers in racemes or panicles. 1. L. major, Michx. Villous; leaves alternate, opposite, or whorled, el- liptical, those on the prostrate radical branches roundish ; flowers on short pedi- cels, densely crowded in short simple or compound axillary racemes. (L. villosa, Ell.) — Dry sterile soil, Florida and northward. July and August. — Stem 2° high, brandling toward the summit. Capsules as large as a pin's head. 2. L. minor, Lam. Rough with appressed scattered hairs ; the young branches and calyx more or less hoary ; stems paniculately branched above ; leaves scattered, linear ; flowers loosely racemose, on distinct, often appressed pedicels. (L. racemulosa and L. tenuifolia, Michx.) — Dry sandy soil, common. July and August. — Stems £° - 2° high. Capsules larger than in No. 1. Rad- ical branches often wanting. 3. HUDSONIA, L. Petals 5, larger than the sepals, fugacious. Stamens 9-30. Style filiform. Stigma minute. Capsule oblong, 1-celled, 3-valved, with 2-6 erect seeds at- tached near their base. Embryo coiled. — Low tufted shrubs, with minute hoary, subulate, imbricated leaves, and yellow flowers at the summit of the branches. 1. H. montana, Nutt. Stems 2/-4' high; leaves loosely imbricated; pedicels longer than the flowers ; calyx campanulate; sepals acuminate. — Table Rock, North Carolina. ORDER 16. DROSERACE^. (SUNDEW FAMILY.) Low glandular-hairy marsh herbs, with circinate tufted radical leaves, and regular hypogynous white or purplish flowers, borne on a naked scape. Sepals 5, persistent. Petals 5, withering. Stamens 5- 15, distinct : an- thers extrorse. Ovary 1-celled, many-ovuled, with 3 or 5 parietal pla- centae. Styles separate or united. Capsule loculicidally 3-5-valved. Seeds anatropous. Embryo minute at the base of fleshy albumen. 1. DBOSEBA, L. SUNDEW. Stamens 5. Styles 3-5, deeply 2-parted ; the divisions 2 - many-lobed. Cap- sule 3-valved, many-seeded. — Leaves dewy with glandular hairs. Scape often forking. Flowers racemose, secund. TARNASSIACE^E. (PARNASSIA FAMILY.) 37 1. D. filiformis, Raf. Rhizoma thick, creeping; leaves erect, filiform, elongated, smooth at the base ; scape smooth, many-flowered ; flowers large, bright purple ; calyx hairy ; seeds oblong, dotted. — Low pine barrens, Florida and northward. April. 1J. - - Scapes 1 ° - 1 £° high. Flowers 1 ' or more wide. 2. D. longifolia, L. Rhizoma long and slender ; leaves linear-spatulatc, gradually narrowed into the long and smooth petiole, the upper ones erect ; scape smooth, declined at the base, 8 - 12-flowered ; calyx obovate ; seeds oblong. (D. foliosa, Ell.) — Sandy swamps, oftencr in water, Florida and northward. May and June, ty — Scapes 4' -6' high. Flowers small, white. 3. D. capillaris, Poir. Rhizoma short or none; leaves spatulate, nar- rowed into the long and smoothish petiole ; scape slender, smooth, erect, 9 - 20- flowered ; calyx obovate ; seeds oval, finely furrowed and granular. „ (D. brevi- folia, var. major, Hook.) — Boggy ponds, Apalachicola, Florida, to South Car- olina (Bosc.). April and May. © or )J. — Scape 6' -15' high. Leaves 2' -3' long. Flowers pale rose-color. 4. D. rotundifolia, L. Rhizoma none ; leaves orbicular, abruptly con- tracted into the hairy petiole ; scape erect, smooth, 6 - 10-flowered ; calyx ovoid; seeds covered with a loose membranaceous coat. — Mossy swamps, Florida and northward. May and June. ® — Scapes 6' -9' high. Leaves 2' long. Flowers Avhite. 5. D. brevifolia, Pursh. Glandular-pubescent throughout ; rhizoma none ; leaves short, wedge-shaped ; scape erect, 3 - 6-flowered ; calyx oval ; seeds ovoid, minutely glandular. — Low sandy pine barrens, Florida to North Carolina. April, (l) — Scapes 3' - 6' high. Leaves £' long. Flowers %' wide, white. 2. DIO1OEA, Ellis. FLY-TRAP. Stamens 10-15. Styles united. Stigmas 5, fimbriate. Capsule 1-celled, opening irregularly. Placenta at the base of the cell, many-seeded. — A smooth perennial herb, with the habit of Drosera. Leaves spreading, on broadly-winged, spatulate petioles, with the limb orbicular, notched at both ends, and fringed on the margins with strong bristles ; sensitive ! Flowers in a terminal umbel-like cyme, white, bractcd. 1. ID. ULUSCipula, Ellis. — Sandy bogs in the pine barrens of North Car- olina and the adjacent parts of South Carolina. April and May. — Scape 1° high, 8 -10-flowered. Flowers 1' wide. — For an interesting account of this remarkable plant, see Curtis's Plants of Wilmington, in the Boston Journal of Natural History, Vol. I. 1834. ORDER 17. PARNASSIACE-&2. (PARNASSIA FAMILY.) Perennial smooth herbs, with ovate or reniform chiefly radical and entire leaves, on long petioles, and large solitary flowers terminating the scape-like, 1-leaved stem. — Sepals 5, persistent. Petals 5, ovate or obo- 4 38 HYPERICACFwE. (ST. JOHN'S- WORT FAMILY.) vate, veiny, imbricated in the bud, deciduous. Fertile stamens 5, alter- nating with the petals : anthers introrse. Sterile ones in sets of 3 - 15 more or less united filaments, placed opposite each petal. Ovary 1-celled, with 3-4 parietal placentae. Stigmas 3-4, sessile, placed over the pla- centae. Capsule loculicidally 3-4-valved at the apex, many-seeded. Seeds anatropous, winged, without albumen. Embryo straight, cylindrical. 1. PABNASSIA, Tourn. GRASS OF PARNASSUS. Characters same as the order. 1. P. Caroliniana, Michx. Leaves broadly ovate or cordate-ovate ; cau- line one near the base of the stem, clasping ; petals oval, sessile, with impressed greenish veins ; sterile stamens by threes, distinct almost to the base, 2-3 times as long as the recurved fertile ones. — Damp soil, Florida and northward. Oc- tober and November. — Stem 12'- 18' high. Flowers 1' wide. 2. P. asarifolia, Vent. Leaves reniform ; cauline one near the middle of the stem, clasping; petals broadly ovate, short-clawed; sterile stamens by threes. — High mountains of North Carolina. August and September. — Flow- ers larger than in No. 1. ORDER 18. HYPERICACE^E. (ST. JOHN'S-WORT FAMILY.) Herbs or shrubs, with opposite entire dotted leaves, without stipules, and regular hypogynous, mostly yellow flowers. — Sepals 4-5, imbricated in the bud, persistent. Petals 4-5, convolute or imbricated in the bud, deciduous. Stamens mostly numerous, and often united at the base into 3-5 sets : anthers introrse. Styles 2-5, often united, persistent. Cap- sule 1-celled, with strictly parietal placentae, or 2 - 5-celled by the meeting of the placentae at the axis, septicidally 2 - 5-valved. Seeds very numer- ous, minute, anatropous, without albumen. Synopsis. * Petals convolute in the bud. 1. ASCYRUM. Sepals and (yellow) petals 4. 2. HYPERICUM. Sepals and (yellow) petals 5- Stamens without interposed glands. * * Petals imbricated in the bud. 3. ELODEA. Sepals and (rose-colored) petals 6. A gland between the sets of stamens. 1. ASCYBUM, L. ST. PETER'S-WORT. Sepals 4, the two outer ones much larger (except No. 5). Petals 4, convolute in the bud, oblique. Stamens numerous. Styles 2-4, distinct or united. Cap- sules 2-4-valved, 1-celled, with 2-4 parietal placentae. — Smooth shrubs with 2-edged branches. Flowers mostly solitary, yellow. * Pedicels 2-bracted : styles shorter than the ovary. 1. A. Crux-Andreas, L. Leaves linear-oblong, obtuse, narrowed at the base ; outer sepals oval, rather obtuse, the inner ones minute ; petals oblong, HYPEIUCACE^E. (ST. JOIIN's-WORT FAMILY.) 39 often acute, approximate in pairs ; styles 2 ; capsule as long as the sepals. — Sterile soil, Florida and northward. June - September. — Shrub 1°- 3° high. Leaves 1' long. Branches opposite. 2. A. Stans, Michx. Leaves oval-oblong, obtuse, closely sessile ; outer sepals orbicular-cordate, obtuse ; the inner ones lanceolate, acute ; petals obovate ; styles 3 or 4 ; capsule shorter than the sepals. — Var. OBOVATUM, Torr. fr Gray, is a dwarf state, with obovate leaves, and obtuse inner sepals. — Damp soil, Florida and northward. July- September. — Shrub 2°- 3° high. Leaves and flowers larger than in No. 1 . * * Pedicels bractless : styles longer than the ovary. 3. A. amplexicaule, Michx. Leaves and outer sepals cordate-ovate, clasping ; inner sepals lanceolate, as long as the outer ones ; petals obovate ; styles 3 ; capsule ovoid, barely half as long as the sepals. — Damp soil near the coast, Florida, Georgia, and westward. April - September. — Shrub 2° - 3° high. Branches many times forking. 4. A. pumilum, Michx. Dwarf ; leaves oblong-ooovatc, obtuse ; outer sepals round-ovate, the inner ones minute ; petals obovate ; pedicels long and slender, reflexcd in fruit ; styles 2, united. — Dry gravelly soil, Florida, Georgia, and westward. March and April. — Stems 3' - 6' long, diffuse. Leaves 4" - 6" long. 5. A. microsepalum, Torr. & Gray. Leaves very numerous, small, oblong-linear, narrowed at the base, obtuse ; flowers somewhat corymbose ; se- pals small and equal. — Flat pine barrens, Florida and Alabama. March and April. — Shrub bushy, 1° - 2° high. Leaves 6"- 9" long. Flowers 1' wide. 2. HYPEKICUM, L. ST. JOHX'S-WORT. Sepals 5, similar. Petals 5, oblique, convolute in the bud. Stamens mostly numerous, and commonly collected in 3 - 5 sets, without intervening glands. Styles 3-5, distinct or united. Capsule 1 - 5-celled. — Herbs or shrubs. Flow- ers mostly cymose, yellow. § 1. Stamens numerous. * Capsules-celled: styles united ': shrubs. 1. H. prolificum, L. Branches 2-edged, the barren ones elongated ; leaves lance-oblong, obtuse or mucronate, narrowed at the base ; cymes axillary and terminal, often few-flowered ; capsule oblong, rarely 4 - 5-celled. — Varies with a more branching stem, smaller and narrower leaves, and smaller and more numerous flowers. (H. galioides, Ph.) — Swamps and banks of rivers in the niddle and upper districts. July and August. — Shrub 2° - 3° high. Leaves l'-2' long, paler beneath. 2. H. Buckleyi, M. A. Curtis. Low, widely branching from the base ; leaves oblong, obtuse, narrowed at the base, paler beneath ; flowers solitary, ter- minal, on rather long and bracted pedicels ; sepals obovate ; style and stamens long and slender. — Mountains of Georgia and North Carolina. — Shrub 8'- 12' high. Flowers 1' wide. 40 HYPERICACE^E. (ST. JOHN'S-WORT FAMILY.) * * Capsule3-celled: styles separate : petals black-dotted : herbs. 3. H. perforatum, L. Stem much branched, slightly 2-edged ; cymes corymbose, many-flowered ; leaves elliptical or linear-oblong, obtuse, with pel- lucid dots ; sepals lanceolate, acute. — Old fields, sparingly naturalized. June- August. — Stem 1°- 2° high, bearing runners at the base. Flowers 1' wide, deep yellow. 4. H. maculatum, Walt. Stem terete, sparingly branched above ; leaves oblong-cordate, obtuse, clasping, marked with pellucid dots ; cymes many-flow- ered, corymbose ; sepals lanceolate, acute ; styles twice as long as the ovary. — Dry pine barrens, Florida to North Carolina. June -August. — Stem 2° -3° high. Leaves I'-lJ' long, rigid. Flowers small. 5. H. COrymbosum, Muhl. Leaves thin, oblong, slightly clasping ; se- pals ovate ; styles as long as the ovary ; otherwise nearly as the last. — Moun- tains of North Carolina, northward and westward. July. — Stem l°-2° high. Leaves l'-2' long. * %• * Capsule 1-celled, or partially 3-celled by the introversion of the placentce. -*- Shrubs : leaves evergreen. •*-*• Cymes leafy. 6. H. fasciculatum, Lam. Lowest leaves obovate, the others narrow- linear, with revolute margins, and numerous smaller ones clustered in the axils ; cymes mostly 3-flowered, lateral and terminal ; sepals like the leaves, mostly shorter than the obovate one-angled petals. — Var. ASPALATHOIDES has very short (2" -3") and wider leaves and sepals, the latter one third as long as the smaller petals. — Margins of pine barren ponds, Florida to North Carolina and west- ward. July and August. — Shrub 2° -6° high. Leaves 6" -12" long, con- spicuously dotted, glossy. Capsule oblong-linear. 7. H. galioides, Lam. Leaves linear-oblanceolate, obtuse, tapering to the base, glossy above, rigid ; those in the axils clustered ; cymes lateral and ter- minal, few-flowered, or the terminal ones compound ; sepals equal, linear, acute, shorter than the petals ; capsules acute. — Pine barrens, Florida to South Caro- lina and westward. Var. ambiguum. (H. ambiguum, Ell.? Torr. $- Gray.) Leaves oblanceo- late, mucronate, pale and thin ; sepals unequal, lanceolate, narrowed at the base, longer than the petals. — River swamps, Florida. Juty and August. — Stems 30-40 high. Branches often elongated. Leaves l'-l|' long. 8. H. myrtifolium, Lam. Leaves cordate-oblong and partly clasping, mostly obtuse, glaucous ; cymes few-flowered, terminal ; sepals leaf-like, ovate, acute, as long as the obovate petals ; stamens very numerous ; capsule conical- ovate. (H. glaucum, Michx.) — Pine barren ponds, Florida to South Carolina and westward. May - September. — Shrub 1° - 2° high, with spreading terete branches. Leaves thick, 1' long. Flowers 1' wide. 9. H. aureum, Bartram. Leaves oblong, mucronate, narrowed at the base, wavy on the margins, glaucous beneath ; flowers very large, mostly solitary at the summit of the 2-edged branches ; sepals leaf-like, shorter than the thick and tardily deciduous petals ; stamens very numerous ; capsule ovate, much smaller IIYPERICACE^E. (ST. JOHN's-WORT FAMILY.) 41 than the calyx. (II. amoenum, Pursh.) — Banks of the Flint River, Georgia to Tennessee, and westward. June -August. — Stem 2° high, diffusely branched. Leaves 2' -3' long. Flowers 2' wide, with recurved orange- colored petals. •*-*• ++ Cymes lea/less, bracted. 10. H. nudiflorum, Michx. Branches 4-angled ; leaves oblong, obtuse, narrowed at the base, paler beneath ; cymes terminal, pedunclecl, 5- 15-flowered ; bracts subulate ; buds globose ; petals oval, twice as long as the oval sepals ; capsule ovate, longer than the calyx. — Low grounds, Florida and northward. July and August, — Shrub 2° -3° high. Leaves thin, i'-2' long. Flowers £' wide. Petals recurved. 11. H. cistifolium, Lam. Branches 2-eclged ; leaves rigid, linear-oblong, sessile ; cymes terminal, compound, many-flowered ; bracts subulate ; buds ovate ; petals spreading, obovate, twice as long as the oblong, unequal sepals ; capsule 3-lobed, ovate, longer than the sepals. (H. rosmarinifolium, Ell.) — Pine barren swamps, near the coast, Florida to South Carolina and westward. July- September. — Shrub 2° - 3° high. Leaves very numerous, 1 ' long. Flow- ers £' wide. Valves of the capsule strongly impressed on the back. 12. H. fastigiatum, Ell. " Branches somewhat compressed ; leaves nar- row-lanceolate, very acute ; corymbs terminal, many-flowered, fastigiate ; styles united. — Pine barrens of Scriven County, Georgia. May -July. — Shrub 3° high. Leaves 3' long, narrowed but connate at the base. Flowers very numer- ous." Elliott. ( * ) -i— -i— Herbs : styles distinct. 13. H. graveolens, Buckl. Stem smooth, terete, nearly simple ; leaves oblong-ovate, obtuse, clasping ; cymes lateral and terminal, many-flowered ; petals oblong-obovate, much longer than the lanceolate acute sepals ; stamens collected in three sets, as long the petals ; styles slender, twice as long as the ovary. — Mountains of North Carolina. July and August. — Stem 2° - 3° high. Leaves 2' long. Flowers large. 14. H. pilosum, Walt. Downy; stem terete, mostly simple, slender; leaves small, lance-ovate, acute, erect, sessile ; cymes compound ; styles short. (II. simplex, Mich.) — Wet pine barrens, Florida to North Carolina and west- ward. July and August. ® ? — Stems l°-2° high. Leaves £' long. Flowers 5" -6" wide. 15. H. angulosum, Michx. Smooth; stem 4-angled, branching ; leaves ovate-lanceolate, acute, sessile; cymes leafy, many-flowered, the branches often simple ; sepals ovate, shorter than the petals, longer than the ovate capsule. — Varies (H. acutifolium, Ell.) with larger shining leaves, compound and nearly leaf- less cymes, and more crowded flowers. — Pine barren ponds (the var. in dry soil), Florida to North Carolina and westward. June - August. — Stem 2° -3° high. Leaves 6"- 12" long. Flowers small. Styles longer than the capsule. § 2. Stamens 5-20 : capsule strictly l-celled : styles separate : annuals. * Flowers in cymes. 16. H. mutilum, L. Stems slender, branching above, 4-angled, leaves oblong or roundish, obtuse, clasping, 5-nerved ; cymes leafy at the base ; sepals 4* 42 CLUSIACE^. (BALSAM-TREE FAMILY.) lanceolate, mostly longer than the small petals, and equalling the (green) ovoid capsule; stamens 6-12. (H. parviflorum, Muhl. H. quinquenervium, Walt.) — Ditches and low grounds, common. June-August. — Stem 1° high. Branches of the cyme filiform. Flowers very small, remote. 17. H. Canadense, L. Stems simple or branched, 4-anglod ; leaves lin- ear or linear-lanceolate, the upper ones acute, sessile ; sepals lanceolate, acute, longer than the petals, shorter than the oblong (brown) capsule. — Wet sandy places, Florida and northward. June -Oct. — Stem 4' -12' high, with the branches erect. Flowers small, copper-yellow. Stamens 5 -10. * * Flowers scattered on the slender branches : leaves minute. 18. H. Sarothra, Michx. Stem much branched ; branches erect, filiform ; leaves minute, subulate, bract-like; flowers small, sessile; sepals scarcely half as long as the lanceolate purple capsule. — Sandy old fields. Florida and north- ward. June - August. — Stems 6' - 12' high. Stamens 5 - 10. 19. H. Drummondii, Torr. & Gray. Stem much branched ; leaves lin- ear or the lower ones oblong, acute, appressed ; sepals barely shorter than the ovate capsule; flowers pedicelled. — Dry barren soil, Florida, South Carolina, and westward. July and August. — Stems and branches stouter than the last. Stamens 10-20. 3. ELODEA, Adans. Sepals 5. Petals 5, equal-sided, imbricated in the bud. Stamens mostly 9, and united in sets of three, with a scale-like gland between each set. Styles 3, distinct. Capsule 3-celled, 3-valved, many-seeded. Smooth perennial herbs. Flowers rose-color, in contracted lateral and terminal cymes. 1. E. Virginica, Nutt. Leaves oblong or oval, cordate, clasping, con- spicuously dotted beneath ; stamens united below the middle.. — Swamps, Florida and northward. July and August. — Stems terete, l°-2° high. 2. E. petiolata, Pursh. Leaves oblong, narrowed at the base, short-peti- oled, obscurely dotted beneath; stamens united above the middle. — "With the preceding. July and August. — Stem 2° high. ORDER 19. CL,USIACE^E. (BALSAM-TREE FAMILY.) Trees or shrubs, with resinous yellow juice, opposite coriaceous entire dotless leaves articulated with the stem, and regular hypogynous flowers. Sepals 3-6. Petals 4-9. Stamens mostly numerous, distinct or variously united. Ovary 1 - many-celled, few - many-ovuled. Style single, often none. Fruit capsular, baccate, or drupaceous. Seeds without albumen. Embryo straight. Cotyledons thick, distinct or united. 1. CLITSIA, L. Calyx 2-bracted, of 6 imbricated, colored sepals. Petals 4-9. Stamens nu- merous, the filaments united at the base into a thick and fleshy tube. Ovary PORTULACACE^. (PURSLANE FAMILY.) 43 5-15-cellcd. Ovules numerous, fixed to a central column. Stigma large, radiate-peltate. Capsule coriaceous, globose-angled, 5-15-celled; the valves separating from the central column at maturity. Seeds numerous, ovate. — Par- asitical tropical trees, with thick, opposite, entire and shining leaves, and chiefly polygamous, cymose, showy flowers. 1. C. flava, L. Leaves short-stalked, obovate, obtuse or emarginate, finely veined ; flowers polygamous, single or by threes, on short axillary and terminal peduncles; sepals rounded ; petals 4, oval, thick, yellow and unequal; stamens short and thick; stigma about 12-rayed; capsule pear-shaped, 12-seeded, the seeds imbedded in soft pulp. — South Florida. — A small tree. 2. CANELLA, P. Brown. Sepals 3, rounded, concave, imbricated in the bud, persistent. Petals 5, hy- pogynous, oblong, convolute in the bud, deciduous. Stamens united into a tube. Anthers 15 (21 Endl.}, adnate, linear. Ovary 3-celled. Style cylindri- cal. Stigmas 3. Berry globose, 1 - 3-celled, mostly 2-seeded. Seeds globose- reniform. Embryo minute, in fleshy albumen. — A large tree. Leaves alter- nate, near the ends of the branches, obovate, emarginate, glabrous, on short petioles. Racemes compound, shorter than the leaves, terminal. Pedicels 1- flowered. Flowers small, purple. (The proper place of this genus is undeter- mined, but it has been referred to this order.) 1. C. alba, Swartz. — South Florida. August. — Tree aromatic. Leaves 2' long. Berry black. ORDER 20. PORTTJJLACACEy~E. (PURSLANE FAMILY.) Succulent plants, with entire leaves and regular hypogynous or peri- gynous flowers. Sepals 2-5. Petals 3-6, imbricated in the bud, some- times wanting. Stamens as many as the petals and opposite them, or indefinite. Styles 3 -6, mostly united below, stigmatic along the inside. Capsule 1 - 5-celled, few - many-seeded. Seeds campylotropous, erect from the base of the cell, or attached to a central placenta. Embryo slen- der, curved around mealy albumen. Synopsis. * Sepals 2. Petals 5 -6. 1. CLAYTONIA. Petals and stamens 5. Capsule 3-valved, 3- 6-seeded. 2. TALINUM. Petals 5. Stamens 10-30. Capsule 3-valved, many-seeded. 3 PORTULACA. Petals 5 -6. Stamens 8 -20. Capsule circumscissile. * * Sepals 5. Petals none. 4. SESUVIUM. Stamens 5 -60, inserted on the calyx. Capsule circumscissile. 1. CLAYTONIA, L. SPRING-BEAUTY. Sepals 2, free, persistent. Petals 5, hypogynous. Stamens 5, inserted on the claws of the petals. Style 3-cleft. Capsule 1-celled, 3-valved, 3 -6-seeded. — 44 PORTULACACE^E. (PURSLANE FAMILY.) Smooth herbs, with a simple stem bearing two opposite leaves, and terminated with a loose raceme of pale rose-colored, veiny flowers. 1. C. Virginica, L. Leaves long (3'- 6'), linear, acutish ; petals mostly emarginate, but sometimes acute. — Damp rich soil in the upper districts. March. — Plant 4' - 10' long. 2. C. Caroliniana, Michx. Leaves short (l'-2'), ovate-lanceolate or oblong, tapering at the base, obtuse ; petals obtuse. — Mountains of North Caro- lina and northward. March and April. — Smaller than the last. 2. TALINUM, Adans. Sepals 2, free, deciduous. Petals 5, hypogynous. Stamens 10-30. Style 3-lobed. Capsule 3-celled at the base, 3-valved, many-seeded. — Smooth and fleshy herbs, with alternate leaves and cymose flowers. 1. T. teretifolium, Pursh. Stem thick, leafy; leaves linear-cylindrical ; cymes on long peduncles ; petals purple, fugacious. — Rocks, North Carolina and northward. June - Aug. 1J. — Stems 2' - 4' long. Peduncles 5' - 8' long. 3. PORTULACA, Tourn. PURSLANE. Sepals 2, united and cohering with the ovary below, the upper portion circum- scissile and deciduous with the upper part of the capsule. Petals 4-6, inserted with the 8-20 stamens on the calyx. Style 3 - 8-parted. Capsule globose, 1 -celled, many-seeded. — Low, fleshy herbs, with terete or flat, mostly alternate leaves, and fugacious yellow or purple flowers. 1 . P. Oleracea, L. Leaves flat, cuneate, naked in the axils ; flowers yel- low ; stamens 10-12. — Cultivated ground everywhere. — Stem prostrate. 2. P. pilosa, L. Leaves linear, obtuse, with a tuft of hairs in the axils ; flowers purple ; stamens about 20. — Key West, Florida. 4. SESUVIUM, L. SEA PURSLANE. Sepals 5, free, united at the base, persistent, colored within. Petals none. Stamens 5, or numerous, inserted on the calyx. Styles 3-5. Capsule 3-5- celled, many-seeded, circumscissile. — Prostrate and fleshy maritime plants, with nearly opposite and entire leaves, and axillary purplish flowers. 1. S. portulacastrum, L. Leaves lanceolate and oblong, acute, on winged and clasping petioles ; flowers pedicelled ; sepals fleshy, lanceolate, mu- cronate, purple within ; stamens numerous. — Sandy or muddy places along the coast, Florida and northward. May - December. 1J. — Stems diffuse, creep- ing, forming mats which are sometimes 6° in diameter. 2. S. pentandrum, Ell. Leaves spatulate-obovate, obtuse, on slightly winged and clasping petioles ; flowers sessile ; sepals ovate-lanceolate, stamens 5. — Muddy saline coves, Florida to North Carolina. May - November. (1) ? — Stems (often erect) and flowers smaller than in the preceding. CARYOPHYLLACE^E. (PINK FAMILY.) 45 ORDER 21. CARYOPHYLLACE^E. (PINK FAMILY.) Herbs with tumid joints, entire opposite or whorled, often connate leaves, and regular hypogynous or perigynous cymose flowers. Stipules dry and searious, or none. — Sepals 4-5, imbricated in the bud, persistent. Petals 4-5, often stamen-like or none. Stamens as many as the sepals and op- posite them (except Mollugo), or twice as many, or by abortion fewer. Ovary free, 1 - 5-celled, with the amphitropous or campylotropous ovules attached to a central placenta. Styles 2-5, distinct or partly united, stigmatic along the inner side. Fruit valvate or indehiscent, 1 - many- seeded. Embryo curved, or forming a ring around mealy albumen. Synopsis. TRIBE I. HjL.ECEBRE^E. Sepals distinci or united below. Petals often stamen- like or wanting. — Leaves with scarious stipules. * Fruit indehiscent, 1-seeded (utricle). 1. PARONYCHIA. Sepals united at the base. Stamens inserted on the base of the sepals. • Style long. Utricle included. 2. ANYCHIA. Sepals distinct. Stamens inserted on the base of the sepals. Style very short. Utricle partly exserted. 3. SIPIIONYCHIA. Sepals united into a tube below the middle. Stamens inserted on the tube of the calyx. Style long. * * Fruit valvate, few - many-seeded. •i- Leaves opposite. 4. STIPULICIDA. Stem-leaves minute ; the lowest spatulate. Flowers in terminal clusters. 5. SPERGULARIA. Leaves all linear. Flowers solitary, axillary. •i- •*- Leaves whorled. 6. SPERGULA. Styles 5. Stamens 5 - 10. Capsule 5-valved. 7. POLYCARPON. Styles 3. Stamens 3 -5. Capsule 3- valved. TRIBE II. MOI^IiUGIlVE^E. Stamens alternate with the sepals, when of the same number ; when three, alternate with the cells of- the ovary. — Stipules none. 8. MOLLUGO. Capsule 3-celled. Leaves whorled. TRIBE III. ALSINEJE. Sepals separate or nearly so. Stamens opposite the sepala when of the same number. Ovary sessile. — Stipules none. * Valves of the capsule as many as the styles. 9. S AGIN A. Styles and valves 4-5. 10. ALSINE. Styles and valves 3. * * Valves or teeth of the capsule twice as many as the styles. 11. ARENARIA. Valves of the capsule 2-4, each soon 2-cleft- Petals entire. 12. STELL ARIA. Valves of the capsule 6 - 10. Petals 2-cleft. 13. CERASTIUM. Capsule 8-10-toothed. TRIBE IV. SILENE^E. Sepals united into a tube. Petals and stamens inserted on the stipe of the ovary. — Stipules none. 14. SILENE. Styles 3. Capsule 6- toothed. 15. SAPONARIA. Styles 2. Capsule 4 -toothed. 16. AGROSTEMMA. Styles 5. Capsule 5-toothed. 46 CARYOPHYLLACE^E. (PINK FAMILY.) 1. PAKONYCHIA, Tourn. Sepals 5, united at the base, concave and mucronate or awned at the apex. Petals bristle-like or tooth-like, alternate with the 5 stamens, and inserted with them on the base of the calyx. Style long, 2-cleft. Utricle included. Seed resupinate. Radicle superior or ascending. — Low herbs, with conspicuous sil- very stipules, and minute flowers in loose or compact cymes. 1. P. dichotoma, Nutt. Smooth; stems slender, erect; leaves linear- subulate ; those of the barren stems imbricated ; cymes fastigiate, diffuse ; se- pals lineai*, 3-ribbed, slender-pointed; petals minute, bristle-like. (Anychia argyrocoma, Ell) — Rocks on the mountains of North Carolina, and westward. July - Nov, 1J. — Stems 6' - 1 2' high. 2. P. argyrocoma, Nutt. Minutely pubescent ; stems tufted, ascending ; leaves linear, acute ; cymes capitate, the flowers concealed by the large silvery stipules ; sepals lanceolate, hairy, slender-pointed ; petals minute, tooth-like. — Mountains of Georgia and North Carolina. July -Sept. 1J. — Stems 6' -10' high. Stipules nearly as long as the leaves. 3. P. herniarioides, Nutt. Rough-pubescent ; stems prostrate, diffusely- branched ; leaves oval or oblong, mucronate ; flowers axillary, solitary, sessile ; sepals subulate, with a short and spreading point. (Anychia herniarioides, Michx.) — Dry sand ridges in the middle districts, Georgia to North Carolina. July - Oct. CD — Stems 4' - 6' long, Leaves 3" - 4" long. 4. P. Baldwin!!. Finely pubescent ; stems prostrate, diffusely-branched ; branches alternate, one-sided, filiform; leaves lanceolate or ovate-lanceolate, acute, narrowed into a petiole ; cymes diffuse, naked ; sepals oblong, 3-ribbed, ciliate, short-pointed ; petals bristle-like, as long as the stamens ; utricle equal- ling or rather longer than the sepals; style 2-cleft to the middle. (Anychia Baldwinii, Torr. $* Gray.) — Dry sandy soil, Florida and Georgia. July -Oct. © and (2) — Stems l£°-3° long. Upper leaves sometimes alternate. 2. ANYCHIA, Michx. Sepals 5, distinct, slightly mucronate at the apex. Petals none. Stamens 2-3, inserted on the base of the calyx. Style very short. Stigmas spreading. Utricle exserted. Seed erect. Radicle inferior. — An erect slender annual, with forking setaceous spreading branches. Leaves thin, oblong, obtuse, nar- rowed at the base. Flowers minute, solitary or clustered in the forks of the branches, greenish. 1. A. dichotoma, Michx. (Queria Canadensis, L.) — Barren hills, South Carolina and northward. July and August. — Stem 4' - 10' high. 3. SIPHONYCHIA, Torr. & Gray. Sepals 5, united to the middle, concave and petal-like above, obtuse or mu- cronate. Petals 5, bristle-like, inserted with the 5 stamens on the throat of the calyx. Style slender, 2-cleft. Utricle included. Seed resupinate. Radicle superior. — Erect or diffusely prostrate herbs. Cymes dense-flowered. Flowers white. CARYOPHYLLACE^E. (PINK FAMILY.) 47 1. S. Americana, Torr. & Gray. Stems prostrate, diffuse, pubescent in lines; leaves lanceolate, narrowed at the base; the radical ones larger and crowded ; flowers obovate, solitary in the forks of the stem, and clustered at the end of the branches ; sepals rounded and incurved at the apex, the tube bristly with hooked hairs; petals minute. (Herniaria Americana, Nutt. Paronychia urceolata, Shuttl ) — Sandy banks of rivers, Florida to South Carolina, and westward. June -Oct. (l) or (2) — Stems l°-3° long. Leaves sometimes falcate and incrustcd with brownish particles. Stipules small. 2. S. diffusa, n. sp. Pubescent; stems prostrate, diffusely-branched; leaves lanceolate, obtuse, narrowed at the base ; flowers small, in compact, rectangular cymes, terminating all the branches ; sepals linear, slightly concave and mucro- nate at the apex, the tube bristly with hooked hairs ; petals bristle-like. — Dry sandy pine barrens, Florida. June -Oct. Q) — Stems 1° long. Stipules con- spicuous, on young plants half as long as the leaves, at length 2-partcd. Cymes very numerous. 3. S. erecta, n. sp. Stems smooth, clustered, erect, rigid, mostly simple ; leaves erect, linear, acute, pubescent on the margins, those of the barren stems imbricated ; cyme compound, rectangular, fastigiate, compact ; sepals lanceolate, smooth, acutish, or obscurely mucronate at the apex, the tube smooth and fur- rowed ; petals bristle-like, half as long as the stamens. — Sands along the west coast of Florida. June -Nov. 1J. — Root Avoody. Steins G'- 12' high. Stip- ules half as long as the leaves. 4. S. Rugelii. Annual; stem erect, successively forking, clothed with a short and rather dense pubescence, as also the leaves and bracts ; leaves oblance- olate, abruptly pointed, shorter than the internodes, the upper ones linear ; stip- ules |-£ as long as the leaves, soon 2-4-parted; cymes numerous, terminal, rather loosely flowered ; calyx-tube short, pubescent, the linear-lanceolate divis- ions conspicuously mucronate, white ; petals bristle-like ; style included. (Pa- ronychia Rugelii, Shuttl.) — East Florida. — Stems 1° high, at length diffuse ? 4. STIPULICIDA, Michx. Sepals 5, emarginate, white-margined. Petals 5, spatulate, 2-toothed near the base, fonger than the sepals, withering-persistent. Stamens 3, opposite the inner sepals. Style very short, 3-parted. Capsule 1-celled, 3-valvcd, many- seeded. — A small perennial, with an erect forking stem. Stem-leaves minute, subulate, with adnate pectinate stipules. Radical leaves spatulate, clustered, growing from a tuft of bristly stipules. Flowers white, in terminal clusters. 1. S. setacea, Michx. — Low sandy pine barrens, Florida to North Caro- lina. April - June. — Stem 3' - 6' high, the branches spreading and curving. 5. SPERGULARIA, Pcrs. Sepals 5. Petals 5, oval, entire. Stamens 2-10. Styles 3-5. Capsule 3 - 5-valved ; the valves when 5, alternate with the sepals. — A low maritime htrb, with opposite fleshy leaves, and conspicuous scarious stipules. Flowers axillary, solitary, rose-colored. 48 CARYOPHYLLACE.E. (PINK FAMILY.) 1. S. rubra, Pers. — Sands or marshes along the coast, Florida and north- ward. April and May. £D — Stems prostrate, much branched. Leaves linear, longer than the joints. Seed with or without a membranaceous margin. 6. SPERGULA, L. SPURREY. Sepals 5. Petals 5, entire. Stamens 5 or 10. Styles 5. Capsule 5-valved, the valves opposite the sepals. Embryo forming a ring around the albumen. — Leaves Avhorled. Flowers cymose, white. 1. S. arvensis, L. Stem erect; leaves fleshy, narrow-linear, several in a whorl; cyme loose, long-peduncled ; fruiting pedicels reflexed ; stamens 10; seeds rough. — Cultivated fields, Florida and northward : introduced. (J) . 7. POLYCARPON, L. Sepals 5, carinate. Petals 5, emarginate, shorter than the sepals. Stamens 3-5. Styles 3, very short. Capsule 3-valved. — Low annuals, with whorled leaves, and minute flowers, in terminal cymes. 1. P. tetraphyllum, L. Stems (3' -6') forking, diffuse; leaves spatti- late-obovate, the lower ones 4 in a whorl, the upper opposite; sepals acute; stipules conspicuous. — Near Charleston. Introduced. May and June. 8. MOLLUGO, L. Sepals 5. Petals none. Stamens 5 and alternate with the sepals, or 3 and alternate with the cells of the ovary. Styles 3, short. Capsule 3-valved, 3-cclled, many-seeded. — Prostrate diffusely-branched annuals. Leaves whorled. Flow- ers white, on slender axillary peduncles. 1. M. verticillata, L. Smooth; leaves spatulatc-lanceolate, unequal, in whorls of 4 - 8 ; fruiting peduncles reflexed ; stamens 3. — Cultivated ground, common. Introduced. May -August. 9. SAGI3STA, L. Sepals 4-5. Petals 4-5, entire, or wanting. Stamens 4 - 10. Styles 4-5, alternate with the sepals. Capsule 4 - 5-valved ; the valves entire, opposite the sepals. — Small herbs, with filiform forking stems, subulate leaves, and solitary flowers. 1. S. Elliottii, Fenzl. Smooth; stems erect or ascending, tufted ; pedun- cles erect; petals and sepals 5, equal, obtuse; stamens 10. (Spergula dccum- bens, Ell.) — Damp cultivated ground, common. April -June. (1) — Stems 2' -6' high. Peduncles 2-3 times as long as the sharp-pointed leaves. 10. ALSINE, Tourn. Sepals 5. Petals 5. Stamens 10. Styles 3. Capsule 1-celled, 3-valved, the valves entire, opposite the inner sepals. — Low slender herbs, with linear or sub- ulate leaves, and white cymose or solitary flowers. CARYOPHYLLACE^E. (PINK FAMILY.) 49 1. A. squarrosa, Fenzl. Stems tufted; leaves subulate, rigid, those of the glandular flowering stems distant, of the sterile stems imbricated, with spreading tips ; sepals ovate, obtuse, shorter than the capsule. (Arcnaria squar- rosa, Michx.) — Dry sand-hills, West Florida and northward. April and May. 1J. — Stems 6'- 10' high. Cymes few-flowered. Pedicels rigid. 2. A. glabra, Gray. Smooth ; stems filiform, sparingly branched ; leaves tender, narrow-linear, obtuse, spreading ; cyme few-flowered, spreading ; sepals oblong, obtuse, faintly 3-ribbed, as long as the capsule. ( Arenaria glabra, MicJix.) — Mountains of North Carolina. July. ty ? — Stems tufted, 4' - 6' high. Cymes leafy. Pedicels setaceous. Leaves ^'-1' long. 3. A. patula, Gray. Minutely pubescent; stem filiform, diffusely branched from the base; leaves narrow-linear, spreading; cyme spreading, few -many- flowered ; pedicels very slender ; petals spatulate, emarginate, twice the length of the lanceolate acute 3-5-nerved sepals. (Arenaria patula, Michx.) — Rocks around Knoxville, Tennessee, and northward. — Stems 6'- 10' high. 4. A. Michauxii, Fenzl. Smooth ; stems tufted, erect or diffuse, straight ; leaves linear-subulate, erect, spreading or recurved, much clustered in the axils ; cymes spreading or contracted ; petals oblong-obovate, twice as long as the rigid ovate acute 3-ribbed sepals. (Arenaria stricta, J^fichx.) — Rocks and barren soil, Georgia and northward. May and June. — Stems 3' - 10' high. 5. A. brevifolia. Stems smooth, not tufted, erect, filiform, simple, 2-5-flowercd; leaves minute (l"-2"), erect, lance-subulate; sepals oblong, obtuse, as long as the capsule ; petals twice as long as the sepals. (Arenaria brevifolia, Nutt.) — Rocks in the upper districts of Georgia. (T) — Stems 2' -4' long, bearing 3 or 4 pairs of leaves. Flowers small, on filiform peduncles. 11. ARENARIA, L. SANDWORT. Petals 1-5, or none. Styles 2-4. Capsule opening above by as many valves as there are styles, each valve soon splitting into two pieces. Otherwise like Alsine. 1. A. diffusa, Ell. Downy; stem elongated, prostrate, alternately short- branched ; leaves lanceolate ; peduncles longer than the leaves, lateral, re- flexed in fruit ; petals 1-5, shorter than the sepals, often wanting. (Stellaria elongata, Nutt. Micropetalon lanuginosum, Pers.) — Shady banks, Florida to North Carolina and westward. May- October. 1J. — Stems 1° -4° long. 2. A. serpyllifolia, L. Downy; stems diffusely branched; leaves small, ovate, acute, the lowest narrowed into a petiole ; flowers cymose ; petals much shorter than the lanceolate acuminate sepals. — "Waste places, Florida and north- ward. Introduced. April and May. © — Stems 6'- 12' long. Leaves £' long. 12. STELLARIA, L. CHICKWEED. STARWORT. Sepals 4 - 5. Petals 4-5, 2-cleft, or 2-parted. Stamens 3-10. Styles 3-5, opposite the sepals. Capsule 1 -celled, opening by twice as many valves as there are styles, many-seeded. — Stems weak. Flowers white, on terminal peduncles, becoming lateral in fruit. 5 50 CARYOPHYLLACE^E. (PINK FAMILY.) 1. S. pubera, Michx. Perennial; stems erect or diffuse, forking, hairy in lines ; leaves oblong, acutish, narrowed at the base, sessile ; petals longer than the sepals. — Shady rocks in the upper districts and northward. April and May. — Stems 6' - 12' high. Flowers showy. 2. S. media, Smith. Annual; steins prostrate, forking, pubescent in lines; leaves ovate or oblong, acute, the lower ones petioled ; petals shorter than the sepals. — Yards and gardens. March and April. Introduced. 3. S. prostrata, Baldw. Smooth or nearly so ; stems forking, prostrate ; leaves ovate, acute, all on slender petioles, the lower ones often cordate ; petals twice as long as the sepals ; seeds rough-edged. — Damp shades, Georgia, Flor- ida, and westward. March and April. Qj — Stems l°-2° long. Petiole mostly longer than the limb. 4. S. uniflora, "Walt. Smooth ; stems erect from a prostrate base ; leaves remote, narrow-linear, sessile; peduncles very long (2' -4'), erect; petals obcor- date, twice as long as the calyx. — lliver swamps, South Carolina and North Carolina. May. ® ? — Stems 6' -12' high. Leaves 1' long. — Perhaps a species of Alsinc. 13. CERAlSTIUM, L. MOUSE-EAR. Sepals 4 -5. Petals 4 -5, obcordate or 2-cleft. Stamens 10. Styles 4-5. Capsule cylindrical, 8 - 10-toothed, many-seeded. — Herbs. Flowers Avhite, soli- tary or cymose, peduncled. * Petals not longer than the sepals. 1. C. VUlgatlim, L. Villous and somewhat clammy ; stems ascending ; leaves oval, remote, the lowest obovatc ; cymes crowded in the bud, spreading in fruit ; sepals lanceolate, acute, as long as the peduncles, and half as long as the slender capsule. — Fields, Florida and* northward. April and May. (J) — Stems 6' -12' high. 2. C. viSGOSUm, L. Hairy and clammy ; stems ascending ; leaves lance- oblong, obtuse, the lowest wedge-shaped ; cymes loose in the bud ; sepals oblong- ovate, obtuse, shorter than the peduncles. — Fields, Florida and northward. April and May. ® — Flowers and capsules larger than in No. 1. * * Petals longer than the sepals. 3. C. arvense, L. Hairy or downy ; stems numerous, naked above ; leaves narrowly or broadly lanceolate ; cymes rather few-flowered ; petals obcordate, twice as long as the oblong sepals. — Rocky or dry soil, chiefly in the upper districts. May and June. 1J. — Stems G'- 12' high. Leaves seldom 1' long. Flowers ^' wide. Capsule rather longer than the calyx. 4. C. nutans, Raf. Clammy-pubescent ; stems tufted, furrowed ; leaves lanceolate ; cymes ample, many-flowered ; petals oblong, emarginate, rather longer than the oblong sepals. — Low grounds, North Carolina and Tennessee, and northward. (3) — Stems 1° high. Peduncles long. Capsule curved, three times as long as the calyx. CARYOPHYLLACEvE. (PINK FAMILY.) 51 14. SILENE, L. CATCHFLY. Sepals united into a 5-toothed tube. Petals 5, long-clawed, inserted with the 10 stamens on the stipe of the ovary, commonly crowned with two scales at the base of the limb. Styles 3. Capsule 1-celled, or 3-cellcd at the base, opening by 6 teeth, many-seeded. — Leaves mostly connate. Flowers cymose, often showy. * Perennials : flowers showy. -»- Petals gash-fimbriate, crownless. 1. S. Stellata, Ait. Leaves in whorls of four, lance-ovate, acuminate, the uppermost opposite ; flowers white, in a large spreading panicle ; calyx in- flated, ball-shaped. — Dry woods in the upper districts, and northward. June- August. — Stems 2° -3° high, downy, branching above. *2. S. ovata, Pursh. Eough-pubescent ; leaves largo (4' -5'), opposite, oblong-ovate, acuminate ; flowers white, in a contracted lanceolate panicle ; calyx tubular. — Mountains of Georgia and Carolina. July. — Stems stout, 2° -4° high. 3. S. Baldwin!!, Nutt. Villous ; stems low, slender, bearing runners at the creeping base ; leaves opposite, spatulate ; the upper ones oblong, sessile ; cymes few-flowered ; flowers very large, white or pale rose-color, on slender ped- icels ; calyx tubular. — Low shady woods, Georgia and Florida. April and May. — Stems 6' - 12' high. Leaves thin. Flowers 2' wide. •»- H- Petals emarginate or 2-cleft, crowned. 4. S. Virginica, L. Clammy-pubescent; leaves abruptly pointed, the low- est ones clustered, spatulate-obovate, on fringed petioles, the upper small, remote, lanceolate, sessile ; cymes loosely few-flowered ; calyx tubular-club-shaped, ob- long and nodding in fruit ; petals crimson, lanceolate, 2-cleft. — Rich open woods, chiefly in the upper districts. June and July. — Stems l°-2° high. Flowers 1' wide. 5. S. regia, Sims. Viscid-pubescent and roughish ; stem tall (3° - 4°) and erect, branched; leaves ovate -lanceolate, the upper ones acuminate; flowers large, bright scarlet, short-stalked, clustered and forming a strict panicle ; calyx long, cylindrical, striate, dilated in fruit ; petals oblanceolate, generally entire ; stamens and style exserted. — Prairies of Alabama and westward. July. 6. S. rotundifolia, Nutt. Hairy and viscid; stems weak, decumbent, branched; leaves thin, roundish, abruptly acuminate at each end, the lowest obovate ; flowers few, large, bright scarlet ; calyx cylindrical ; petals 2-cleft, with the lobes cut-toothed. — Shady rocky banks, Tennessee and northward. June- August. — Stems 2° long. Flowers showy. 7. S. Pennsylvanica, Michx. Clammy-pubescent; stems low, clus- tered ; lowest leaves spatulate-obovate, the upper lance-oblong, mostly obtuse ; cymes dense-flowered ; calyx club-shaped, erect ; petals white or rose-color, ob- ovate, emarginate or entire. — Rocky hills, chiefly in the upper districts and northward. March and April. — Stems 6' - 12' high. 52 MALVACEAE. (MALLOW FAMILY.) * * Annuals : flowers small, crowned, expanding at night. 8. S. Antirrhina, L. Stem slender, smoothish, clammy below the upper joints ; leaves linear, acute, sessile, the lowest lanceolate, nan-owed into a petiole ; flowers panicled ; calyx smooth ; petals obcordate, rose-colored. — Dry old fields, Florida and northward. May and June. — Stems 6' - 2° high, simple or branched. Flowers minute. 9. S. quinquevulnera, L. Hairy ; stem branching ; leaves spatulate, the upper ones linear; flowers in 1-sided racemes; calyx hairy; petals rounded, entire, pink or crimson with a paler border. — Near Charleston. Naturalized. — Stem 1° high. 15. SAPONARIA, L. SOAPWORT, Calyx tubular, terete, 5-toothed. Petals long-clawed. Stamens 10. Styles 2. Capsule sessile or short-stiped, 1-celled, or 2-celled at the base, 4-toothed at the apex. — Cymes dense-flowered. 1. S. officinalis, L. Perennial; stems stout, erect, smooth ; leaves ovate, connate, strongly 3-ribbed ; petals crowned, white or rose-color, mostly double. — Waste places. Naturalized. — Stems 1° - 2° high. 16. AGROSTEMMA, L. CORN-COCKLE. Calyx tubular, with 5 elongated linear deciduous lobes. Petals 5, entire, crownless. Stamens id. Styles 5. Capsule 1-celled, 5-toothed. — Annual or biennial pubescent herbs, with linear leaves, and showy purple flowers on elon- gated peduncles. 1. A. GithagO, L. Plant (l°-2° high) whitened with long appressed hairs ; stem forking ; petals obovate, emarginate, shorter than the lobes of the calyx. — Grain fields. Introduced. June and July. (J) — Peduncles 4' - 6' long. Flowers 1' wide. ORDER 22. MAL.VACEJE. (MALLOW FAMILY.) Mucilaginous herbs or shrubs, with palmately veined alternate stipulate leaves, and regular monadelphous flowers on jointed peduncles. — Sepals 5, united at the base, valvate in the bud, persistent, often with a calyx- like involucel. Petals 5, convolute in the bud. Stamens numerous, united into a column which is continuous with the claws of the petals: anthers 1-celled, opening transversely. Ovaries united into a ring, or forming a several-celled capsule. Styles separate or united. Seeds kidney-shaped. Albumen scarce or none. Embryo large, curved, Ivith leafy cotyledons. Pubescence commonly stellate. Pollen grains hispid, Synopsis. TRIBE I. MA1.VE.33. — Carpels as many as the stigmas, 1 -few-seeded, disposed in a circle around a central axis, separating at maturity from the axis and from each other. An- thers borne at the apex of the column. MALVACEAE. (MALLOW FAMILY.) 53 * Carpels 1 -seeded. ••- Stigmas occupying the inner face of the styles. 1. MALVA. Carpels beakless. No process within. 2. CALLIRRHOJE. Carpels beaked, and bearing a dorsal process above the seed within. •t- -i- Stigmas capitate. 3. MALVASTRUM. Involucel 2 - 3-leaved. Ovule peritropous-ascending. Radicle inferior. 4. SIDA. Involucel none. Ovule resupinate-pendulous. Radicle superior. * * Carpels 2 -few-seeded. 5. ABUTILON. Carpels 1-celled. Involucel none. 6. MODIOLA. Carpels transversely 2-celled. Involucel 3-leaved. TRIBE. II. TJRENE-^E. —Carpels half as many as the stigmas, separating at maturity. Anthers borne above the middle of the column. 7. PAVONIA. Carpels 5, dry, 1-seeded. Involucel 5 - 15-leaved. TRIBE III. IIIBISCEJE. — Carpels as many as the stigmas, united and forming at ma- turity a loculicidal capsule. Column bearing the anthers throughout, or from above the middle. 8. KOSTELETZKYA. Cells of the depressed capsule 1-seeded. 9. HIBISCUS. Cells of the globose or oblong capsule few - many-seeded. 1. MALVA, L. MALLOW. Involucel 3-leaved, persistent. Petals obcordate. Styles 9 - 20, filiform, stig- matic on the inner face. Carpels broadly reniforra, beakless, 1-seeded, indehis- cent, disposed in a circle around the central axis, from which they separate at maturity. Embryo nearly annular. Radicle inferior. — Herbs. Leaves round- ed. Flowers axillary, not yellow. 1. M. rotundifolia, L. Stems several, prostrate; leaves long-pctioled, round-cordate, crenate and crenately-lobed ; flowers single or clustered, Avhite veined with purple ; carpels even. — Around dwellings. Introduced. Ij. . 2. CALLIRRHOE, Nutt. Involucel 1 - 3-lcaved and persistent, or none. Petals wedge-shaped, entire, or crenate. Styles as in Malva. Carpels numerous, with a short and naked beak, and a ligulate dorsal process below the beak within. Embryo curved. Radicle inferior. — Perennial herbs. Leaves palmatcly-lobed, or angled. Flow- ers showy, purple or whitish. 1. C. triangulata, Gray. Rough-pubescent; stem ascending from a perpendicular rhizoma, branching above; leaves triangular, coarsely and une- qually crenate, the lowest ones long-petioled and cordate, the upper 3 - 5-lobcd ; flowers approximate, panicled, longer than the pedicels ; involucel 3-leaved, the leaves linear ; carpels at length 2-valved. (Malva triangulata, Leavenworth.) — Dry soil in the upper districts of Alabama to North Carolina and northwestward. July. — Stem 2° - 3° high. Flowers 1 ' - 1 £' wide, purple. 2. C. Papaver, Gray. Rough with scattered appressed and rigid hairs ; stems low, simple ; leaves 3 - 5-parted ; the lobes oblong or lanceolate, toothed or entire ; flowers few, solitary, axillary, long-peduncled ; involucel 1 - 3-leaved, or none; petals finely crenate ; carpels indehiscent. — Rich open woods. Georgia, 5* 54 MALVACEAE. (MALLOW FAMILY.) Florida, and westward. May - September. — Stems 1° high. Flowers purple, 2-' wide, on peduncles which are sometimes 1° long. 3. C. alcaeoid.es, Gray. Strigose-pubescent ; stems slender (1° high); lower leaves triangular-cordate, incised ; the upper 5 - 7-parted, laciniate, the uppermost divided into linear segments ; flowers corymbose, on slender pedun- cles (rose-color or white) ; involucel none ; carpels obtusely beaked, crested and strongly wrinkled on the back. (Sida alcasoides, Michx.) — Barren oak lands, Tennessee. 3. MALVASTRUM, Gray. Involucel 1-3-leaved or none. Styles 5-20. Stigmas capitate. Carpels beaked or beakless, 1 -seeded. Seed ascending. Embryo curved or annular. Radicle inferior. — Herbs or shrubby plants, rough with rigid hairs. Flowers yellow. 1 . M. tricuspidatum, Gray. Perennial or shrubby ; stem branching ; leaves ovate or oblong-ovate, serrate, acute, petioled ; stipules lanceolate ; flow- ers in leafy spiked racemes ; petals obliquely truncated ; carpels 10-12, more or less distinctly 3-toothed or awned at the apex. — South Florida. — Stems 1° high. Involucel 3-leaved. 2. M. angustum, Gray. Annual ; stem erect, branching ; leaves lanceo- late, sparingly serrate, short-petiolcd ; stipules bristle-like ; flowers axillary, mostly solitary ; involucel setaceous, 2 -3-leaved; carpels 5, circular, awnless, at length 2-valved. (Sida hispida, Pursh. ? Ell. ?) — South Carolina and west- ward. — Stems 6'- 12' high. Calyx enlarged in fruit. 4. SIDA, L. Involucel none. Calyx angular. Styles 5 -15. Stigmas capitate. Ovaries 1 -celled. Carpels erect, mostly 2-valved and 2-beaked at the apex, separating at maturity from each other, and from the central axis. Seed resupinate, sus- pended, 3-angled. Embryo curved. Radicle superior. — Branching herbs or shrubs, with chiefly undivided leaves, and small yellow or reddish flowers in their axils. * Leaves, at least the lower ones, cordate : carpels 5. 1. S. spinosa, L. Annual, minutely pubescent; branches erect; leaves oblong-ovate, acute, serrate, the slender petioles often with a tubercular spine at the base, the lower ones cordate ; stipules setaceous, half as long as the petioles ; flowers single or clustered, on short erect peduncles ; carpels faintly reticulated, each pointed with two erect subulate spines. — "Waste places, Florida and north- ward. July - September. — Stems 1° - 2° high. Flowers £' wide, yellow. 2. S. supina, L'Her. Perennial, tomentosc ; stems divided at the base into slender simple ascending or prostrate branches ; leaves all round-cordate, crenate, rounded at the apex, hoary beneath ; the slender petioles spineless at the base ; stipules minute, subulate, deciduous ; flowers solitary ; the peduncles half as long as the petioles and reflexed in fruit ; carpels downy, reticulated, almost beakless, opening irregularly near the membranaceous base. (S. ovata, Cav. S. procumbens, Swartz.) — South Florida. October. — Stems 6' -12' MALVACEAE. (MALLOW FAMILY.) 55 long ; leaves £' - 1 ' long ; the limb scarcely longer than the petiole. Flowers yellow, not half as large as in the preceding. * * Leaves not cordate : carpels 7 — 12. 3. S. Stipulata, Cav. Nearly smooth ; stem erect or curving ; leaves and branches distichous ; leaves lanceolate and oblong, acute, unequally serrate, on short petioles ; stipules linear-subulate, longer than the petioles, smooth, per- sistent; flowers single or clustered, on peduncles 3-4 times as long as the pe- tioles ; carpels 10, strongly reticulated, pointed with two short and incurved spines. (S. glabra, Nittt.) — Waste places and around dwellings, Florida. June - November, (i) or 1J. — Stems l°-3° high. Leaves 2' -3' long. Flow- ers 1' wide, yellow, expanding at mid-day. Petals obliquely obcordate. 4. S. rhombifolia, L. Downy ; stems erect, much branched ; leaves rhombic-oblong, obtuse at each end, serrate, short-petioled, pale beneath ; stip- ules setaceous, longer than the petioles, caducous ; peduncles solitary, more than half as long as the leaves ; carpels 10-12, even, pointed with a single subulate spine, indehiscent. — Around dwelling^, Florida to North Carolina and westward. July -October. ® — Stems 2° - 3° high. Leaves 2' - 3' long. Flowers yel- low, smaller than in No. 3. 5. S. ciliaris, Cav. Rough with apprcssed rigid hairs ; stems prostrate ; leaves elliptical, obtuse at both ends, serrate above the middle, smooth above, the uppermost approximate ; stipules setaceous, and like the calyx fringed with long hairs ; flowers nearly sessile in the axils of the upper leaves ; carpels 7, strongly reticulated, pointed with two minute barbed spines. — Key West. 1J. — Stems 6' long. Leaves ^'-1' long. Flowers small, red. 6. S. Elliottii, Torr. & Gray. Perennial ; stems slender, roughish, erect, with long and straight branches ; leaves smoothish, lanceolate or linear, acute, serrate, on short petioles ; stipules setaceous ; flowers large, single ; peduncles longer than the petioles ; carpels 10-12, strongly reticulated, truncate or slightly 2-pointed. (S. gracilis, Ell., not of Rich.) — Open woods, Florida to North Car- olina and westward. July - October. — Stems 1 ° - 3° high. Leaves 1 ' - 2' long. Flowers 1' wide, yellow. 7. S. Iiindheimeri, Engel. & Gray. Stem shrubby, smooth, slender, much branched ; leaves rigid, narrow-linear, obtuse, serrate, paler and downy beneath, the short petioles spineless at the base ; stipules subulate, persistent, as long as the petioles ; peduncles about as long as the leaves ; carpels 10, faintly reticu- lated, pointed with two short and broad spines. — Key West. — Steins 1° high. Leaves 1' long. Petals barely exceeding the calyx in length. 5. ABUTILON, Toum. INDIAN MALLOW. Involucel none. Stigma capitate. Ovaries 5 or more, 1-celled, 2-9-ovuled. Carpels 1 -6-seeded, partly 2-valved, tardily separating from each other or from the central axis. Radicle ascending. — Leaves cordate. Flowers yellow, white, or purplish. 1. A. AvicennSB, Gaertn. Tomentose ; leaves round-cordate, acuminate, crenate ; peduncles axillary, 1-3-flowered, shorter than the long petioles ; car- 56 MALVACE^. (MALLOW FAMILY.) pels 12-14, hairy, inflated, truncate, 3-seeded, with two long and spreading spines. — Waste places chiefly in the middle and upper districts. Introduced. (1) — Stem 2° - 5° high. Leaves 4' -6' wide. Flowers orange-red.. 2. A. Hulseanum, Torr. Stem hispidly pilose ; leaves orbicular-ovate, abruptly acuminate, velvety beneath with a whitish pubescence, roughish-tomen- tose above, crenate-dentate ; peduncles axillary in the upper leaves, several- flowered ; styles about 12. — Tampa Bay, Florida. — Leaves 3 inches or more in diameter. Flowers 1^' in diameter, purplish ; pedicels very short. 3. A. Jacquini, Don. Stem erect (2° •*• 3°), branching, smooth or soft- downy ; leaves long-petioled, cordate or oblong-cordate, acuminate, unequally crenate, velvety on both surfaces and hoary beneath, or roughish above ; pedun- cles solitary in the upper axils, 1 -flowered, about the length of the petioles, or the upper ones longer ; lobes of the calyx ovate or oblong, shorter than the yellow petals ; carpels 8-10, rigid, hairy, longer than the calyx, acute or beaked, 3-seeded. (A. peraffine, Shuttl. Lavatera Americana, L. Sida abutiloides, Jacq. S. lig- nosa, Cay.) — South Florida. — Flowers 9"- 12" wide. 4. A. crispum, Gray. Hoary-tomentose ; stem sparingly branched ; leaves round-cordate, acuminate, finely crenate ; peduncles axillary, 1-flowered, elongated, filiform, refracted after flowering ; carpels 10, beakless, inflated, cor- rugated, hispid, 2-seeded. — Key West. — Stem slender, l°-2° high. Leaves 1'- 2' long, the upper ones nearly sessile. Peduncles as long as the leaves. Flowers 4" - 6" wide, white. 6. MODIOLA, Mcench. Involucel 3-leaved, persistent. Stamens 10-20. Ovaries 14-20, transversely 2-celled, each cell 1-ovuled. Stigmas capitate. Carpels 2-valved, 2-seeded, sep- arating at maturity from each other and from the central axis, each valve tipped with a slender spine. — Prostrate herbs, with palmately divided leaves, and small axillary flowers. 1. M. multiflda, Mcench. Hirsute; stems diffuse; leaves long-petioled, cordate-ovate, more or less deeply 5 - 7-parted ; the divisions lobed and toothed ; peduncles longer than the petioles ; carpels hispid. (Malva Caroliniana, L.) — Waste places, Florida to North Carolina and westward. July - October. 1|. — Stems 1° -2° long. Earliest leaves orbicular, undivided. Petals red, as long as the calyx. 7. PAVONIA, Cav. Involucel 5 - 15-leaved, persistent. Ovaries 5, 1-celled, 1-ovuled. Stigmas 10, capitate. Carpels indehiscent or somewhat 2-valved, naked or armed at the apex with three hispid awns, separating at maturity. Embryo incurved. Rad- icle inferior. — Chiefly shrubs, with petioled stipulate leaves, and solitary flow- ers on axillary peduncles. 1 . P. Lecontei, Torr. & Gray. Stem much branched, roughish-pubes- cent ; leaves ovate or somewhat sagittate, obtusely toothed, densely pubescent MALVACEAE. (MALLOW FAMILY.) 57 and hoary beneath, rough above, longer than the petioles ; involucel of 5 - 6 ovate leaves, which are slightly united at the base ; carpels obovate, awnless, strongly reticulate. — South Georgia, collected by Leconte. — Stem 4° - 5° high. Leaves I1' long. Flowers large, pale red. 8. KOSTELETZKYA, Presl. (HIBISCUS, L. in part.) Capsule depressed, the cells 1-seeded. — Otherwise as in Hibiscus. 1. K. Virginica, Presl. Rough-hairy ; stem erect, stout, branching ; lower leaves ovate, cordate, serrate, mostly 3-lobed, the upper ones narrower and usually entire; flowers (purple) in terminal racemes. — Var. ALTHE^EFOLIA. ( Hibiscus althecefolius, ShuttL ) Densely stellate-pubescent and somewhat hoary ; leaves all undivided, ovate or ovate-lanceolate, acuminate, unequally toothed- serrate j racemes dense-flowered ; capsule hirsute. — Var. SMILACIFOLIA. (Hi- biscus smilacifolius, ShuttL) Stem more slender, smoothish below; leaves all hastate, with lanceolate serrate lobes ; racemes few-flowered. — Marshes and low grounds near the coast, Florida and northward (the varieties near Manatee, South Florida, RugeL). July - September. 1J. — Stem 2° -4° high. Flow- ers l|'-2' wide. 9. HIBISCUS, L. ROSE-MALLOW. Involucel many-leaved or many-cleft, and, like the calyx, persistent. Stigmas 5, peltate or capitate. Capsule globose or oblong, 5-celled, loculicidally 5- valved, many-seeded. — Herbs, shrubs, or trees, with petioled stipulate leaves, and large showy flowers, on axillary peduncles. * Leaves of tfie involucel forked. 1. H. aculeatus, Walt. Muricate-hispid ; leaves round-cordate, divided into 3-5 coarsely toothed and spreading lobes, the upper ones narrower and mostly entire ; flowers yellow, with a purple centre, short-peduncled ; involucel 10- 12-leaved ; capsule hispid ; seeds smooth. — Margins of swamps and ponds, Florida to South Carolina, and westward. July. )J. — Stems 2° - 6° high. Flowers 4' wide. * * Leaves of the involucel entire. •*- Perennial herbs : stipules deciduous. 2. H. Moscheutos, L. Tomentose; leaves broadly ovate, acuminate, toothed-serrate, mostly 3-lobed above the middle, rounded or slightly cordate at the base, hoary beneath ; peduncles often partly adnate to the petioles ; flowers white or pale rose-color with a crimson centre; seeds smooth. — Ponds and marshes, Georgia, northward and westward. July. — Stems 3° - 5° high. Leaves 3' -5' long. Flowers 4' - 5' wide. 3. H. incanus, Wendl. Leaves lanceolate and ovate-lanceolate, not lobed, slightly cordate, acuminate, finely serrate, hoary on both sides ; flowers pale yellow with a crimson centre, often umbelled ; peduncles mostly free from the petioles ; capsule and seeds smooth. — Ponds and marshes, Florida to South Carolina, and westward. June and July. — Stems 2° - 5° high. Leaves 3' - 6' long. Flowers 6' - 8' wide. 58 BYTTNERIACE^E. (BYTTNERIA FAMILY.) 4. H. grandiflorus, Michx. Tomentose ; leaves round-ovate, cordate, mostly 3-lobed, toothed-serrate, hoary beneath ; flowers very large, pale rose- color with a deep red centre ; peduncles free from the petioles ; capsule velvety ; seeds smooth. — Marshes near the coast, Florida, Georgia, and westward. July. — Stems several from one root, 3° - 5° high. Leaves 4 '-6' long and nearly the same in width. Flowers 10' - 12' wide. 5. H. Carolinianus, Muhl. ? Ell. Smooth ; leaves cordate-ovate, acu- minate, serrate, sometimes slightly 3-lobed ; flowers purple ; peduncles slightly adhering to the petioles ; seeds hispid. — On Wilmington Island, Georgia. July - September. — Stems 4° - 6° high. Leaves 4' - 6' long. Flowers 6' - 8'wide. ( * ) 6. H. militaris, Cav. Smooth; leaves thin, on long and slender petioles, serrate, slightly cordate, the lower ones roundish, 3-5-lobed, the upper ovate- - lanceolate, entire or somewhat hastate, with rounded lobes ; peduncles shorter than the petioles ; calyx inflated ; corolla tubular-campanulate, pale rose-color with a red centre ; seeds silky. — River-banks in the upper districts, and westward. July and August. — Stems 3° - 4° high. Leaves 3' - 5' long. Corolla 2^' long. 7. H. COCCineus, Walt. Smooth ; stem glaucous ; leaves long-petiolcd, 5-parted to the base, the lobes lanceolate, remotely toothed, with long-tapering entire tips ; corolla expanding, bright scarlet ; petals long-clawed ; seeds pu- bescent. (H. speciosus, Ait ) — Deep marshes near the coast, Florida, Georgia, and westward. July and August. — Stems 4° - 8° high. Leaves 6' - 12' long. Corolla 6' - 8' wide. Column of stamens naked below. •*- H- Trees or shrubs : stipules persistent. 8. H. Ploridanus, Sliuttl. Hispid ; leaves small, ovate, obtuse, cre- nate-serrate, often cordate, and slightly 3-lobed ; peduncles longer than the leaves ; corolla tubular-campanulate, crimson ; column of stamens exserted ; seeds woolly. ( Malvaviscus Floridanus, Nutt. ) — South Florida. — Shrub 4° - 5° high, branching. Leaves £•'-!' long. Stipules subulate. Flowers 1' long. 9. H. tiliaceus, L. Leaves orbicular-cordate, acuminate, slightly cre- nate, hoary-tomentose beneath ; stipules large, oblong, clasping ; involucel 9 - 10-toothed ; capsule tomentose ; seeds smooth. — South Florida. — A large tree. Leaves 3/ -4' long. Flowers yellow ? H. ESCULENTTJS, L. (H. Collinsianus, Nutt. ?) is the garden OKRA. H. SYKIACUS, L., the ALTHAEA, is everywhere cultivated. To this family belongs the COTTON-PLANT (GOSSYPIUM, L.), the numerous varieties of which are now referred to two species, viz. the SHORT STAPLE or UPLAND (G. ALBUM, Earn.}, and the LONG STAPLE or SEA ISLAND (G. NI- GRUM, Ham.}. ORDER 23. BYTTNERIACEJE. (BYTTNERIA FAMILY.) Chiefly trees or shrubs differing from Malvaceae in having definite stamens, of which those opposite the petals are usually sterile, 2-celled anthers, with smooth pollen-grains, and a straight embryo- — Ovary 3 - 5-celled, rarely 1-celled. TILIACE^E. (LINDEN FAMILY.) 59 1. AYENIA, L. Involucel none. Calyx 5-parted. Petals on long capillary claws, connivcnt over the stigma. Fertile stamens 5, alternating with 1-2 sterile ones, their fila- ments united into a pedicellate cup. Style single. Stigma 5-angled. Capsule 5-lobed, 5-celled, loculicidally 5-valved, the cells 1 -seeded. — Low shrubby plants, with minute axillary flowers. Capsule rough. Albumen none. 1. A. pusilla, L. Stems mostly simple, prostrate, downy; leaves (4"- 8" long) roundish or oblong, coarsely serrate ; peduncles solitary, reflexcd in fruit; capsule depressed, muricate. — South Florida. 1J. — Stems 6' - 12' long. Flowers purple. 2. WALTHERIA, L. Involucel 3-leaved, deciduous. Calyx 5-clcft. Petals 5, spatulate, convolute in the bud. Stamens 5, united below. Ovary 1 -celled, 2-ovuled. Style single. Stigma pcnicillate or tuberculate. Capsule 2-valved, 1 -seeded. Embryo in the axis of fleshy albumen. — Herbs or shrubs, with alternate leaves, and small flow- ers in axillary clusters. 1 . W. Americana, L. Stem erect, villous ; leaves ovate or oblong, acute or obtuse, serrate, plicate, tomentose on both surfaces ; heads of flowers globose, stalked, or subsessile and shorter than the petioles, the upper ones often spiked ; calyx hirsute ; flowers yellow. — South Florida. — Stem 2° - 3° high, rigid. Leaves l'-2' long. ORDER 24. TILIACE^E. (LINDEN FAMILY.) Trees, rarely herbs. Leaves alternate, with deciduous stipules. Flow- ers axillary or extra-axillary, hypogynous, polyandrous. Sepals 4-5, valvate in the bud, deciduous. Petals 4-5, convolute or imbricated in the bud. Stamens distinct or united in clusters : anthers 2-celled, the pollen grains smooth. Style single. Stigma 4- 10-lobed. Capsule 2 -5-celled, 1 - many-seeded. Seeds anatropous. Embryo in the axis of fleshy albu- men. Cotyledons flat, leafy. 1. TILIA, Tourn. LINDEN. BASSWOOD. Sepals 5. Petals 5, imbricated in the bud. Stamens numerous, united in 5 clusters, with a petal-like appendage (sterile stamen) opposite each petal. Ovary 5-celled, with 2 ovules in each cell. Stigma 5-lobed. Capsule 1-celled, 1-2- seeded. — Trees, with cordate leaves, and several-flowered axillary peduncles, which are connate below with a large ligulate veiny bract. Flowers cream-color. 1. T. Americana, L. Leaves smooth and green on both surfaces, ob- liquely cordate or truncate at the base, sharply serrate. — Mountains of Georgia and northward. June. — A large tree. Leaves 4' - 5' wide. 2. T. pubescens, Ait. Leaves hoary-tomentose on both surfaces, becom- ing smoothish above, obliquely truncate at the base, mucronate-serrate. — Rich soil, Florida to North Carolina, and westward. June. — Leaves 4' - 5' wide. 60 CAMELLIACE^E. (CAMELLIA FAMILY.) 3. T. heterophylla, Vent. Leaves larger (6' -8' wide), deep green above, white-tomentose beneath. — Mountains of North Carolina. — June and 2. CORCHORUS, L. Sepals 5. Petals 5, convolute in the bud. Stamens mostly numerous, sep- arate. Style slender. Stigma dilated, crenulate. Capsule mostly elongated, silique-like, loculicidally 2-valved, many-seeded. — Herbs or shrubby plants, with alternate serrate petioled leaves, and small yellow flowers on short pedun- cles opposite the leaves. Stipules deciduous. 1 . C. siliqilOSUS, L. Stem much branched, hairy in lines ; leaves ovate and lanceolate, smooth; peduncles 1-2-flowered; stamens numerous; capsule linear, compressed, 2-celled, many-seeded. — Near Mobile, Alabama, and Key West. — Stems 1° - 2° high. Capsule 2' long. ORDER 25. CAMELLIACE^E. (CAMELLIA FAMILY.) Trees or shrubs, with alternate exstipulate leaves, and regular hypo- gynous polyandrous showy flowers. — Sepals and petals 5-6, imbricated in the bud. Stamens numerous, united at the base into a ring, or into sets placed opposite the petals, and adnate to their bases : anthers 2-celled, introrse. Ovary 2-5-celled, 2 - many-ovuled. Styles 2-5, distinct or united. Capsule 2-5-cellcd, mostly loculicidally dehiscent Albumen scarce or none. 1. GORDONIA, Ellis. LOBLOLLY-BAY. Sepals 5, roundish, concave. Petals 5, thick, obovate, united at the base. Stamens united into 5 sets. Ovary 5-celled, with 4-8 pendulous ovules in each cell. Styles united. Capsule loculicidally 5-valved, woody. Seeds angular or winged. Flowers axillary. § 1 . GORDONIA proper. — Stamens short, inserted into the fleshy 5-lobedcup which adheres to the base of the petals ; capsule ovoid, 5-valved. — Leaves coriaceous, peren- nial. Flowers long-peduncled. 1. G. Lasianthus, L. Sepals and petals silky; leaves obovate-oblong, narrowed into a petiole, finely serrate. — Swamps in the lower districts, Florida to North Carolina, and westward. July and August. — A tree 30° - 50° high. Flowers 2' wide, white. § 2. FRANKLINIA. — Stamens long, distinct, inserted into the base of the petals; capsule glolwse, hcuUcidally 5-valved above the middle, and septicidally 5-valved below. — Leaves deciduous. 2. G. pubescens, L'Herit. Sepals and petals silky; leaves obovate- oblong, sharply serrate, white beneath ; flowers short-peduncled. — Georgia and Florida, near the coast. — A small tree. Flowers 3' wide, white. OLACACE^i. (XIMENIA FAMILY.) 61 2. STUARTIA, Catcsb. Sepals 5-6, silky, 1 - 2-bracted. Petals 5-6, obovate, crenulate, silky. Sta- mens united into a ring at the base, and adnate to the base of the petals. Ovary 5-celled, with two anatropous ovules in each cell. Styles 5, distinct or united. Capsule ovoid, woody, 5-valved ; the cells 1 - 2-seeded. — Shrubs, with alternate leaves, and large white or cream-colored flowers on short axillary peduncles. § 1. STUARTIA. — Styles united : capsule globose : seeds not margined. 1. S. Virginica, Cav. Sepals 5, roundish; petals 5, round-obovate ; leaves oval, thin, serrulate, finely pubescent. (S. Malachodendron, L.) — Shady woods, Florida to North Carolina, and westward. April and May. — Shrub 8° - 12° high. Flowers 2' -3' wide. Stamens purple. § 2. MALACHODENDRON. — Styles separate : capsule ovate, acuminate : seeds margined. 2. S. pentagyna, L'Her. Sepals and petals 5-6, the latter obovate, with jagged edges ; leaves oval, acute. — Mountains of Georgia and North Carolina. May -July. — Shrub similar to the preceding, the leaves and flowers rather larger, and longer stamens. ORDER 26. OLACACE^3. (XIMENIA FAMILY.) Trees or shrubs, with alternate entire petioled and exstipulate leaves, and regular hypogynous perfect or polygamous flowers, in axillary ra- cemes or corymbs. — Calyx truncate or 4 - 5-toothed, persistent. Petals 4-5, distinct or partly united, valvate in the bud. Stamens mostly twice as many as the petals, and inserted into their bases: anthers introrse. Ovary 1 -4-celled. Ovules few, anatropous. Style single, filiform. Fruit drupaceous, often surrounded with the enlarged calyx, 1-celled, 1-seeded. Embryo straight in the axis of fleshy albumen. 1. XIMENIA, Plum. Calyx small, 4-toothed. Petals 4, united at the base, villous within. Sta- mens 8. Ovary 4-celled, the cells 3-4-ovuled. Drape baccate; not enclosed in the calyx. — Thorny trees or shrubs. Leaves coriaceous. Flowers axillary, single or corymbose. 1. X. Americana, L. Smooth; leaves 2-3 together, oblong, obtuse, short-petioled ; peduncles 2 - 4-flowered, shorter than the leaves ; petals thick, lanceolate, spreading above, rusty-hairy within. — Key West. — Thorns stout, %> long. Leaves 2' long. Flowers small, yellow. Drupe yellow, roundish, as large as a plum. Nut white, globose. ORDER 27. AURANTIACE^E. (ORANGE FAMILY.) The ORANGE, LEMON, and LIME (species of CITRUS, Z.) are com- monly cultivated in the warmer parts of the Southern States, and the 6 62 LINAGES. (FLAX FAMILY.) BITTER-SWEET ORANGE (C. VULGARIS, Risso) is completely naturalized in some portions of South Florida. The PRIDE OF INDIA, or CHINA-TREE (MELIA AZEDERACH, L.) belongs to the allied Order MELIACE^E. ORDER 28. CEDRELACE^E. (MAHOGANY FAMILY.) Lofty trees, with hard and colored wood, pinnate exstipulate leaves, and regular hypogynous panicled flowers. — Sepals 3-5, often more or less united. Petals 3-5, convolute in the bud. Stamens twice as many as the petals, distinct or united into a tube, and inserted with the petals into an hypogynous disk. Ovary 3 - 5-celled, with few or many ovules in each cell. Style single. Capsule woody, 3 - 5-celled, 3 - 5-valved, the valves at length separating from the thick angular or winged axis. Seed anatro- pous, winged. Albumen fleshy or none. Cotyledons leafy. 1. SWIETENIA, L. MAHOGANY. Calyx 5-cleft. Petals 5. Stamens 10, united into a 10-toothed tube, which encloses the 10 anthers. Style short. Stigma 5-rayed. Capsule 5-celled, 5-valved, with the numerous suspended seeds imbricated in two rows. — A large tree, with hard reddish-brown wood. Leaves alternate, abruptly pinnate. Leaf- lets 6-10, opposite, entire, ovate-lanceolate, unequal at the base. Flowers greenish-yellow, in axillary panicles. Capsule ovate, as large as an Orange. l. S. Mahogoni, L. South Florida, ORDER 29. LINACE7E. (FLAX FAMILY.) Chiefly herbs, with entire exstipulate leaves, and regular hypogynous racemose or panicled flowers. — Sepals 4-5, imbricated in the bud, per- sistent. Petals 4-5, convolute in the bud, deciduous. Stamens 4-5, united at the base. Styles 4-5, rarely united. Capsule globose, splitting into five 2-seeded carpels, which are more or less perfectly 2-celled and 2-valved. Seeds anatropous, suspended. Cotyledons flat. 1. LINTJM, L. FLAX. Sepals, petals, stamens, and styles 5. Capsule partly or completely 10-celled, the cells 1 -seeded ; seeds compressed, oily. — Stems slender. Leaves narrow and mostly alternate. Peduncle 1 -flowered, borne above or opposite the leaves. 1. L. Virginianum, L. (WILD FLAX.) Leaves lanceolate, acute, the lower ones opposite and obtuse ; flowers scattered in corymbose racemes ; sepals smooth, ovate, acute ; styles distinct ; capsule depressed-globose, 10-celled. — Varies with glandular sepals, larger globose-ovate capsules, and linear leaves. — Sterile soil, Florida and northward. July. 1J. — Stem slender, often much branched, 2° high. Flowers yellow. ZYGOPIIYLLACE^E. (BEAN-CAPER FAMILY.) 63 2. L. Boottii, Planchon. Leaves linear, acute ; flowers scattered in cymose racemes ; sepals ovate-lanceolate, 3-nerved, fringed with glandular hairs ; styles united below the middle ; capsule imperfectly 10-celled, globose. — Diy soil, North Carolina and northward. July. — Stems l°-2° high. Flowers larger than in No. 1, sulphur-yellow. 3. L. striatum, Walt. "Flowers terminal; leaves subovate, alternate, the nerve and margins decurrent on the stem ; stem branched, striate." — South Carolina, Walter. (*) ORDER 30. OXALIDACE^S. (WOOD-SORREL FAMILY.) Chiefly herbs, with sour juice, alternate compound leaves, and regular hypogynous decandrous flowers. — Sepals 5, imbricated in the bud^ per- sistent. Petals 5, convolute in the bud, deciduous. Stamens more or less united. Styles 5, distinct. Ovary 5-celled. Capsule 5-celled, the cells few-seeded. Seeds anatropous, pendulous. Embryo straight in the axis of fleshy albumen. Cotyledons flat. 1. OXALIS, L. WOOD-SORREL. Capsule 5-lobed ; the cells loculicidally dehiscent on the back, 1 -few-seeded. Seed-coat loose and separating. — Leaves 3-foliolate. Leaflets obcordate. 1. O. violacea, L. (PURPLE WOOD-SORREL.) Stemless ; root tuber- ous ; scapes umbellately 4 - 6-flowcred ; flowers purple, nodding. — Rich woods, West Florida to North Carolina, and westward. May and June. — Scapes and petioles 5' -9' high. 2*. O. Acetocella, L. (WHITE WOOD-SORREL ) Stemless ; root creep- ing; scape 1 -flowered ; flower white, veined with red. — Mountains of North Carolina and northward. June. — Scape and petioles hairy, 2f -5' high. 3. O. Stricta, L. (YELLOW WOOD-SORREL.) Stems branching, leafy; peduncles axillary, 2 - 6-flowered, longer than the leaves ; flowers yellow ; cap- sule elongated, erect. — Dry soil, common and varying greatly. April - De- cember. © and ty — O. recurva and O. furcata, Eli, and 0. Lyoni, Ph., are forms of this. ORDER 31. ZYGOPHYLLACE^K. (BEAX-CAPER FAMILY.) Herbs, shrubs, or trees, with hard wood, opposite pinnate dotless stipu- late leaves, and regular hypogynous mostly decandrous flowers. — Sepals and petals 5-6, imbricated or convolute in the bud. Stamens distinct, often appendaged. Ovary 2 - 1 2-celled, with the styles united. Capsule composed of 2 -1 2 indehiscent carpels, which separate from each other and often from a central axis at maturity. Embryo straight. Cotyledons flat. Radicle superior. 64 GERANIACE^E. (GERANIUM FAMILY.) Synopsis. 1. TRIBULUS. Carpels 6, transversely few-celled, few-seeded. Herbs. 2. KALLSTROMIA. Carpels 10, 1-celled, 1-seeded. Herbs. 3. GUAIACUM. Carpels 2 -5, compressed, 1-seeded. Trees. 1. TKIBTJLUS, L. Sepals 5, imbricated in the bud, deciduous. Stamens 10. Ovary 5-celled, with 3-5 suspended ovules in each cell. Carpels of the fruit 5, spiny on the back, transversely divided into 2-5 one-seeded cells, separating at maturity, with- out a central axis. Albumen none. — Prostrate herbs. Leaves abruptly pinnate. Peduncles solitary, 1 -flowered. 1. T. cistoides, L. Leaves unequal ; leaflets 6 - 1 6, linear-oblong, mucro- nate, silky beneath ; peduncles as long as the leaves ; flowers large, yellow. — Key West. — Stems l°-2° long, hairy. Petals 2-3 times as long as the calyx. 2. KALLSTBOMIA, Scop. Sepals 5-6, persistent, imbricated in the bud. Stamens 10-12. Ovary 10- 12-celled, the cells 1-ovuled. Carpels of the fruit 10-12, separating from each other and from the central axis. Albumen none. — Hairy herbs, with the habit of TRIBULUS. 1 . K. maxima, Torr. & Gray. Leaves nearly equal ; leaflets 6-8, ob- liquely oblong, mucronate, the terminal pair larger ; peduncles shorter than the leaves ; petals as long as the bristly calyx, yellow ; carpels rugose on the back. — Key West and Savannah. — Stems l°-2° long. 3. GUAIACUM, Plum. Sepals 5, deciduous. Stamens 10, with naked filaments. Ovary stalked, 2 -5-celled, the cells 8-10-ovuled. Carpels of the fruit 2-5, compressed, 1- seeded. Seed-coat fleshy. Embryo straight in hard thin albumen. — Trees. Leaflets reticulate. Flowers blue or purple. 1. G. sanctum, L. Branches opposite and forking, jointed, pubescent when young ; leaflets 6 or 8, obliquely obovate or oblong, mucronate, entire ; peduncles single or clustered at the forks of the branches, 1 -flowered, shorter than the leaves ; sepals and petals obtuse ; flowers blue. — South Florida. — A small tree with white bark. Flowers ' wide. Fruit obovate. ORDER 32. GERANIACE-flE. (GERANIUM FAMILY.) Herbs or shrubby plants, with tumid joints, alternate or opposite pal- mately lobed stipulate leaves, and hypogynous and decandrous flowers. — Sepals 5, imbricated in the bud, persistent. Petals 5, convolute in the bud, deciduous. Stamens monadelphous at the base ; the 5 exterior ones shorter and often sterile. Ovaries 5, 2-ovuled, and, with the persistent BALSAMINACE^E. (BALSAM FAMILY.) 65 styles, adnate to an elongated central axis, from which they separate elas- tic-ally at maturity. Seed solitary, without albumen. Embryo convolute. 1. GERANIUM, Tourn. CRANESBILL. Flowers regular. Stamens perfect, the inner ones with a gland at the hase. Styles at maturity separating with the 1 -seeded carpels, and coiled upward, the inner face naked. — Herbs. Stems forking. Leaves palmately lobed. Pedun- cles 1-3-flowered. 1. G. maculatum, L. Perennial, erect, hairy; leaves 5-7-parted, the divisions acutely lobed and toothed ; peduncles 1 - 2-flowered, the terminal ones often umbellate ; petals large, entire, 2-3 times longer than the oblong awned sepals. — Open woods in the upper districts and northward. April and May. — Root tuberous, very astringent. Stem l°-2° high. Flowers purple, 1' wide. t 2. G. Carolinianum, L. Annual, generally prostrate, pubescent ; leaves 5-7-parted, the narrow divisions obtusely lobed and toothed ; peduncles 2-flow- ered ; petals emarginate, as long as the ovate awned sepals. — Waste places, common. March and April. — Stems forkirig, 6' -18' long. Flowers pale purple. ORDER 33. BAL.SAMINACEJE. (BALSAM FAMILY.) Smooth and succulent annual herbs, with undivided exstipulate leaves, and irregular hypogynous pentandrous flowers. — Sepals 5, colored, de- ciduous; the two inner (and upper) ones united, the lowest large and saccate. Petals 4-5, distinct or united. Stamens 5, coherent above. Ovary 5-celled, the cells 2 - several-ovuled. Fruit capsular or drupa- ceous. Seeds anatropous, without albumen. Embryo straight, with thick cotyledons. 1. IMPATIENS, L. JEWEL-WEED. Lowest sepal saccate and spurred. Petals 4, united by pairs. Filaments short, with a scale on the inner face. Capsule 5-celled, bursting elastically into 5 valves. Placenta central, persistent. — Stems branching, somewhat pellucid. — Leaves serrate. Peduncles axillary, 1 -several-flowered. Earliest flowers fruiting in the bud. 1. I. pallida, Nutt. (PALE TOUCH-ME-NOT.) Leaves ovate or oval, ob- tusely serrate, membranaceous ; flowers pale yellow ; lower sepal slightly spotted, dilated, open, tipped with a short recurved spur. — Wet shady places, Georgia and northward. July - Sept. — Stems 2° - 4° high. 2. I. fulva, Nutt. (SPOTTED TOUCH-ME-NOT.) Flowers deep orange; lower sepal conical, conspicuously spotted, tipped with a rather long recurved spur; otherwise like No. 1, but with smaller flowers. — Shady swamps, Florida and northward. July - Sept. 6* GG RUTACEJS. (RUE FAMILY.) ORDER 34. RUTACEJG. (RUE FAMILY.) Herbs, shrubs, or trees, with exstipulate simple or compound dotted leaves, and regular hypogynous perfect or unisexual flowers. — Sepals and petals 3-5. Stamens as many or twice as many as the sepals. Ovaries 2 - 5, distinct or united, stipitate or sessile on a glandular disk. Styles mostly united. Fruit commonly composed of separate 1 -celled 2-valved carpels. Embryo straight or curved, mostly in fleshy albumen. 1. ZANTHOXYLTJM, L. PRICKLY ASH. Plowers monoecious or dioecious. Sepals and petals 3-5. Stamens 3-5. Ovaries 2 - 5, sessile or stipitate, 2-ovuled. Carpels 2-valved, 1 - 2-seedcd. Seed smooth and shining. — Trees or shrubs, commonly armed with stipular prickles. Leaves unequally pinnate, the leaflets punctate with pellucid dots. Flowers small, greenish. 1. Z. Carolinianum, Lam. (TOOTHACHE-TREE.) Smooth; branches and commonly the petioles armed with long prickles ; leaves alternate, 7-9- foliolate; leaflets ovate-lanceolate, crenate-semilate, unequal-sided, shining above; panicles terminal; stamens 5; carpels 3, nearly sessile. — Var. FRUTICOSUM, Gray. Shrubby ; leaves shorter, ovate or oblong, more strongly crenate ; ova- ries always two. — Dry soil near the coast, Florida to North Carolina, and west- ward. June. — A small tree, with the pungent bark armed with warty prickles. 2. Z. Ploridanum, Nutt. (SATIN-WOOD.) Branches and petioles un- armed ; leaflets 5-7, ovate-lanceolate on the fertile plant, and elliptical, obtuse or emarginate on the sterile, slightly crenulate, and like the cymose panicle stel- late-pubescent ; stamens 4 - 5 ; carpels 1-2, obovate, stipitate ; seed solitary, obovate, black and shining. — South Florida. — Leaves l'-2' long. Cyme sessile, divided into three primary branches. Flowers minute. 3. Z. Pterota, H. B. & K. Smooth ; branches zigzag, armed with short curved prickles ; petiole winged, jointed ; leaflets 7-9, small, obovate, coria- ceous, crenate above the middle, sessile ; flowers in axillary clusters, which are single or by pairs, as long as the first joint of the petiole ; stamens 4 ; ovaries 2 ; carpels solitary, globose,f)itted, distinctly stipitate. — South Florida. — Leaf- lets £' - 1' long, those on the fertile plant narrower and smaller. Carpels small, dotted. 2. PTELEA, L. HOP-TREE. Flowers polygamous. Sepals and petals 4-5, imbricated in the bud, decidu- ous. Stamens 4-5. Ovary 2-celled, with two ovules in each cell. Style short. Stigma 2-lobed. Capsule 2-celled, 2-seeded, surrounded by a broad circular reticulated wing. — Unarmed shrubs, with trifoliolate leaves, and small greenish flowers in a terminal cyme. 1 . P. trifoliata, L. Pubescent ; leaves long-petioled ; leaflets oval or oblong, mostly acute, obscurely creuulate, paler beneath, the lateral ones unequal- BURSERACE^. (TORCH-WOOD FAMILY.) 67 sided ; filaments 4-5, densely villous below the middle, longer than the style in the sterile flowers, shorter in fertile ones. — Rocky banks, Florida and northward. May and June. — Shrub 4° - 8° high. Leaflets 2' - 4' long. Fruit 1' wide. 2. P. mollis, M. A. Curtis. "Lateral leaflets oval, the terminal ob- ovate, with an abrupt acute point, the under side, with the petioles, panicles, and young branches, clothed with a soft whitish silky villus ; cymes compact, with short branches ; style long ; filaments equalling the anthers." — Low country of North and South Carolina (Curtis). — Leaves smaller and more rigid than in No. 1, the style twice as long. Stamens 4. 3. P. Baldwin!!, Torr. & Gray. Leaves very small, glabrous ; leaflets sessile, oval, obtuse, the terminal one cuneiform at the base ; flowers tetrandrous ; style none. — East Florida. — Shrub 1° high, with numerous short and scrag^v branches. Leaflets 1' long. Flowers smaller than in No. 1. ORDER 35. SIMARTJBACEJE. (QUASSIA FAMILY.) Trees or shrubs, with bitter milky juice, pinnate exstipulate alternate and dotless leaves, and regular hypogynous perfect or polygamous flowers. — Calyx 4 - 5-parted or 4 - 5-toothed, persistent. Petals 4-5, deciduous. Stamens as many or twice as many as the petals, inserted on a hypogy- nous disk. Ovary composed of 4 - 5 distinct or united carpels, with a sol- itary anatropous suspended ovule in each. Fruit drupaceous, 1-seeded. Seeds with a meinbranaceous coat. Albumen none. Radicle superior, included in the cotyledons. 1. SIMARUBA, Aublet. QUASSIA. Flowers monoecious or dioecious. Calyx 4 - 5-toothed. Petals 4-5, spread- ing. Stamens 8- 10, with the filaments inserted on the back of a ciliate scale. Ovaries 4-5, surrounded by 8-10 scale-like rudiments of stamens. Styles con- nivent ; the stigmas spreading. Drupes 1-5. — Trees. Leaves abruptly pin- nate, with alternate and entire leaflets. Flowers small, greenish, in lateral and terminal panicles. 1. S. glauea, DC. Smooth throughout; flowers dioecious; stigmas 5, subulate, spreading ; leaflets 4-8, alternate and opposite, coriaceous, obovatc or oblong, obtuse, paler beneath ; drupe oval, mostly solitary. -- South Florida. — A larire tree. ORDER 3G. BURSERACE./E. (TORCH-WOOD FAMILY.) Trees or shrubs, with resinous juice, unequally pinnate or trifoliolate commonly dotted leaves, and small regular flowers in axillary or terminal racemes or panicles. — Calyx free from the 1 - 5-celled sessile ovary, 2 - 5-lobed, persistent. Petals 2-5, alternate with the calyx-lobes, and 68 ANACARDIACE^. (CASHEW FAMILY.) inserted under an orbicular or annular disk at the bottom of the calyx, mostly valvate in the bud. Stamens twice as many as the petals, and in- serted with them : anthers introrse. Ovules anatropous, pendulous, mostly two in each cell. Stigmas 1-5. Fruit drupaceous, dry ; the peri- carp often splitting into valves. Albumen none. Radicle superior. 1. BURSEBA, Jacquin. Flowers polygamous. Sterile Fl. Calyx 3 - 5-parted. Petals 3-5, valvate in the bud. Stamens 6 -10. Disk crenulatc. Fertile Fl. Calyx 3-partcd. Petals 3. Stamens 6. Ovary ovate, 3-celled. Style short : stigma 3-lobed. Drupe oblong, 1 -seeded ; the pericarp 3-valvcd. Cotyledons wrinkled. 1. B. gummifera, Jacquin. Leaves alternate, 3 - 9-foliolate, long-peti- oled, deciduous ; leaflets stalked, opposite, ovate, acuminate, entire, rounded or slightly cordate at the base, at length smooth on both sides ; flowers small, whitish, in axillary racemes ; drupe purplish. — South Florida. — A large tree. 2. AMYRIS, L. TORCH-WOOD. Flowers perfect. Calyx 4-partcd. Petals 4, narrowed at the base, imbricated in the bud. Stamens 8, shorter than the petals, hypogynous. Ovary 1-celled. Stigma capitate. Drupe globose, 1-seeded. Cotyledons plano-convex. — Trees or shrubs. Leaves 3 - 7-foliolate, opposite, with glandular pellucid dots. Flow- ers panicled, white. 1 . A. Floridana, Nutt. Smooth ; leaves petioled, trifoliolate ; leaflets ovate, obtuse, entire, on slender stalks ; branches of the panicle opposite ; drupe, like the flowers, dotted. — South Florida. — A shrub or small tree. Leaves 1;-1|' long, shining above. Flowers yellowish-white. ORDER 37. ANACARDIACE^. (CASHEW FAMILY.) Trees or shrubs, with milky or resinous juice, alternate exstipulate dot- less leaves, and perfect or polygamous regular flowers. — Sepals and petals 4-5, imbricated in the bud. Stamens as many as the petals, or twice as many, and inserted with them into the base of the calyx. Ovary solitary, with a single ovule ascending from the base of the cell. Style simple or 3-cleft. Fruit drupaceous. Seeds without albumen. Radicle curved. • - .- ../.... 1. RHTTS, L. SUMACH. Calyx 5-parted. Petals 5, inserted with the 5 stamens on the disk which sur- rounds the base of the ovary. Stigmas 3. Drupe dry. Radicle superior, in- curved. — Shrubs or small trees. Leaves pinnate or trifoliolate, rarely simple. Flowers small, greenish, in spikes or panicles. ANACARDIACE^:. (CASHEW FAMILY.) 69 * Flowers polygamous, in a dose terminal panicle : drupe red, hairy : leaves pinnate. (Not poisonous.) 1. R. typhina, L. Branches, petioles, and drupes villous ; leaflets 17-21, lanceolate, acuminate, serrate, smooth, pale beneath. — Dry hill-sides, Mississippi to North Carolina, and northward. June and July. — A shrub or small tree. 2. R. glabra, L. Smooth and glaucous; leaflets 17-31, oblong-lanceo- late, serrate, acuminate, white beneath. — Open woods in dry rich soil, West Florida to Mississippi, and northward. July. — A shrub 6° - 10° high. Peti- f olcs terete. 3. R. copallina, L. (SUMACH.) Branches and wing-margined petioles tomentose ; leaflets 9-21, lanceolate or ovate-lanceolate, acute or obtuse, mostly entire, smooth above, paler and downy beneath ; panicle often large and spread- ing. — Margins of fields and open woods, Florida to Mississippi, and northward. July and August. — A shrub or small tree. 4. R. pumila, Michx. Low, procumbent ; branches and petioles tomen- tose ; leaflets 11-13, oval or oblong, acute, coarsely serrate, pale and tomentose beneath. — Pine barrens, Georgia to North Carolina. — Branches 1° high. * * Flowers dioecious, in loose axillary panicles : drupe whitish, smooth : leaves pin- nate and trifoliolate. — (Juice poisonous.) 5. R. venenata, DC. (POISON ELDER.) Smooth ; leaves pinnate ; leaf- lets 7-13, ovate or oblong, abruptly acute or acuminate, entire ; panicles long- peduncled, narrow, erect. (R. Vernix, L.) — Swamps, Florida to Mississippi, and northward. July. — A shrub 8° - 12° high. 6. R. Toxicodendron, L. (Poisox OAK. POISON IVY.) Branches and petioles smooth ; leaves trifoliolate ; leaflets ovate or oblong-ovate ; panicle small, spreading. Var. 1. quercifolium, Michx. Stems low, erect ; leaflets mostly vari- ously lobed. — Dry pine barrens. Var. 2. radicans, Torr. Stems climbing by rootlets ; leaflets toothed or entire, rarely lobed, more or less pubescent. — Swamps, Florida to Mississippi, and northward. July. * * * Flowers dioecious, in loose panicles : drupe oblong, smooth, scarlet : nut char- taceous : seeds arillate : leaves pinnate. 7. R. Metopium, L. Smooth ; leaflets 3-7, coriaceous, long-stalked, ovate or elliptical, acuminate, entire ; panicle narrow, as long as the leaves ; calyx-lobes yellowish-white ; petals and stamens 5. — South Florida. — A tree 15° -20° high. * # # * Flowers dioecious, in short bracted spikes, appearing with the leaves : drupe red, hairy : leaves trifoliolate. 8. R. aromatica, Ait. Stem low, smooth ; leaflets ovate, or the termi- nal one obovate, obtuse, pubescent when young, toothed above the middle ; spikes single or clustered, spreading. — Dry open woods, West Florida to Mis- sissippi, and northward. March and April. — Shrub l°-2° high. Spikes 1' long. — Plant aromatic, not poisonous. 70 VITACE^E. (VINE FAMILY.) * Flowers perfect, in an open panicle, the pedicels mostly abortive, elongat- ing, and plumose : drupe smooth. 9. B. COtinoides, Nutt. Smooth; leaves simple, membranaceous, oval, obtuse, entire, acute at the base, the upper ones long-petioled ; panicle nearly sessile, narrow, with erect branches ; flowers minute. — Interior of Alabama, Buckley. Leaves, with the petiole, 3' -4' long. ORDER 38. VITACE^E. (VINE FAMILY.) , Climbing shrubs, with watery juice, opposite stipulate leaves, and small greenish flowers in panicled clusters opposite the leaves. — Calyx minute, truncated. Petals 4 -5, hypogynous or perigynous, valvate in the bud, deciduous. Stamens 4-5, opposite the petals: anthers introrse. Ovary 2-celled, with 2 erect collateral ovules in each cell. Style short or none : stigma slightly 2-lobed. Berry- 1-4-seeded. Seeds anatropous, bony. Embryo minute at the base of hard or fleshy albumen. Radicle inferior. — Leaves simple or compound. Tendrils opposite the leaves. Flowers perfect or polygamous, 1. VITIS, L. VINE. GRAPE. Petals distinct, or remaining united at the apex and separating at the base, inserted into a 4 - 5-lobed or cup-shaped disk which surrounds the ovary. § 1. Cissus. — Flowers perfect: petals and stamens 4-5: style conspicuous: stigma minute : leaves simple or compound. 1. V. bipinnata, Torr. & Gray. Leaves bipinnate, smoothish; leaflets small, ovate, sharply toothed; flowers somewhat cymose, on a long forking peduncle ; petals 4-5, united at the apex, separating at the base ; style conical ; disk 4 - 5-lobed ; berry 2 - 4-seeded, ( Ampelopsis bipinnata, Michx.) — Margins of swamps, Florida and northward. June and July. — Tendrils none. Leaflets 1 ' long. Berry small, black. 2. V. acida, L. Branches geniculate ; leaves trifoliolate, thick and rigid ; leaflets small, cuneate-obovate, sharply toothed at the apex; flowers in com- pound umbels ; petals 4, united at the apex, separating at the base ; style slen- der ; disk cup-shaped, entire ; berry black, 1-seeded. — Key West. — Tendrils stout and elongated. Leaflets £' long. Branchlets and peduncles flattened and elongated. Leaves and parts of the panicle separating in drying, as also in the next species. ,. 3. V. incisa, Nutt. Smooth; stem climbing, warty; leaves trifoliolate, very thick and fleshy ; leaflets stalked, wedge-shaped and entire near the base, the lateral ones 2-lobed, the middle 3-lobed, all mucronate-toothed or serrate ; berry (purple) globose-ovate, nodding, pointed with the conspicuous slender style, 1-seeded. — Sandy shores of St. Vincent's Island, West Florida and westward. Fruiting in November. — Stem 6° -12° long. Leaflets l'-3' long. Panicles cymose. Berry 5''- 6" long. Flowers not seen. VITACEJE. (VINE FAMILY.) 71 4. V. indivisa, Willd. Leaves simple, undivided, ovate, truncate, or cor- date at the base, acuminate, toothed-serrate, pubescent ; peduncles forking ; petals and stamens 5 ; style slender; disk cup-shaped; berry 1-3-sceded. — Banks of rivers, Florida to North Carolina, and westward. June. — Stem climbing high. Berry small, black. § 2. VITIS. — Mowers polygamous : petals 5, cohering at the top, free at the base: stamens 5 : style short : disk thick, 5-lobed : leaves simple, cordate, entire or variously lobed. * Leaves and branches woolly, 5. V. Labrusca, L. (FOX-GRAPE.) Leaves broadly cordate, angularly 3 -5-lobed, mucronate-serrate, very woolly when young, at length smoothish above ; fertile panicles or racemes few-flowered ; berry large. — River-swamps, Mississippi to North Carolina, and northward. May and June. — Leaves 4' -6' wide. Berry £' in diameter, purple or whitish, pleasant-flavored. 6. V. Caribsea, DC Leaves round-cordate, with a broad and shallow sinus, entire or 3-lobed, wavy-serrate, acute or acuminate, soon smooth abov«, the lower surface, like the branches, petioles, and panicles, clothed with soft ash- colored down ; panicles equalling or longer than the leaves ; pedicels smooth. (V. coriacea, Shuttl.1 a form with smaller and more rigid leaves.) — South Florida. Berry £' in diameter. 7. V. sestivalis, Michx. (SUMMER GRAPE.) Leaves broadly cordate, entire or 3 - 5-lobed, or on young plants pinnatifid, mucronate-serrate, covered with a loose cobwebby down, at length smooth or nearly so on both sides ; pani- cles long, many-flowered; berry small. — Rich woods, Florida to Mississippi, and northward. June. — Stem climbing high. Leaves 4' -7' wide. Panicle 6' -12' long, compound. Berry deep blue, very austere. * * Leaves and branches smoothish. 8. V. COrdifolia, Michx. (FROST GRAPE.) Leaves thin, broadly cor- date, entire or slightly 3-lobed, mucronate-serrate; pubescence, when present, soon vanishing ; panicles compound, many-flowered ; berry small. — River- swamps, Florida to Mississippi, and northward. May and June. — Leaves 3' - 6' wide. Berry almost black, very acid. — A form with broader incisely lobed and toothed leaves is V. riparia, Michx. 9. V. VUlpina, L. (MUSCADINE. BULLACE.) Leaves broadly cordate, toothed-serrate, smooth and glossy on both sides, or rarely, like the branches, pubescent, the sinus at the base broad and rounded, or narrow and acute ; panicle small; berry large. (V. rotundifolia, Michx.)— Banks of rivers, Florida to North Carolina, and westward. June. — Stem climbing high, with pale and smooth bark. Leaves 2' - 3' wide. Berry £'-|'m diameter, purple, pleasant- flavored. — A form with smaller leaves and berries, the latter very austere, is sometimes called the MUSTANG GRAPE. 2. AMPELOPSIS, Michx. Petals distinct, spreading, concave. Disk none. — Leaves digitate. Flowers clustered, in corymbose panicles. 72 RHAMNACE^E. (BUCKTHORN FAMILY.) 1. A. quinquefolia, Michx. (VIRGINIAN CREEPER.) — Low grounds, Florida and northward. June. — Stem climbing by lateral tendrils. Leaflets 5, oblong-obovate, serrate above the middle, smooth. Berry small, dark-blue. ORDER 39. RHAMNACE-3E. (BUCKTHORN FAMILY.) Trees or shrubs, with simple mostly stipulate leaves, and small regular perigynous greenish or whitish flowers. — Sepals 4-5, united below, val- vate in the bud. Petals alternate with the sepals, concave or hooded, sometimes wanting. Stamens opposite the petals, and inserted with them into the margin of a fleshy disk, which lines the base of the calyx. Ovary 1 - 4-celled, with a solitary erect anatropous ovule in each cell. Style single. Fruit drupaceous. Embryo large, in the axis of scanty fleshy albumen. Radicle inferior. Synopsis. * Drupe baccate, 1 - 2-celled. Ovary immersed in the disk. 1. SCUTIA. Petals 5, or none. Drupe 1-celled. Calyx adnate to the base of the ovary. 2. BERCHEMIA. Petals 5. Drupe 2-celled. Calyx free. * * Drupe baccate, separating into 2-4 nutlets. 3. SAGERETIA. Leaves opposite. Nutlets 3. Flowers spiked. 4. RHAMNUS. Leaves alternate. Seed furrowed on the back. Flowers clustered. 6. FRANGULA. Leaves alternate. Seed not furrowed. Flowers umbelled. * * * Drupe at length dry, separating into 3 nutlets. 6. CEANOTHUS. Flowers coryinbed. Calyx white. Nutlets 2-valved. 7. COLUBRINA. Flowers cymose. Calyx green. Nutlets opening at the inner angle. 8. GOUANIA. Flowers spiked. Woody vines. SCUTIA, Commers. Calyx-tube hemispherical or pitcher-shaped, with 5 acute lobes. Petals 5, in- serted into the margin of the disk, short-clawed, sometimes wanting. Ovary adhering to the disk below, 2-3-celled, with a single erect ovule in each cell. Style single, conical. Stigma 2-3-lobed. Fruit 1-celled, or separating into 2-3 one-seeded nutlets. Seeds without albumen. Radicle very short. — Shrubs, with alternate or opposite coriaceous entire 2-stipulate leaves, and small axillary flowers in simple umbels. 1 . S. ferrea, Brongn. Spineless ; mature leaves coriaceous, opposite or alternate, elliptical or obovate, emarginate, obtuse at the base, short-petioled ; stipules by pairs, ovate, minute ; flowers clustered, axillary, on short pedicels ; calyx-tube 5-angled, the lobes ovate ; ovary immersed in the thick 5-lobed disk, 2-celled, with an ascending ovule in each cell ; style very short ; stigmas 2, thick, erect; drupe 1-celled, 1 -seeded. (Rhamnus ferreus, Vahl. Zizyphus emargina- tus, Swartz.) — South Florida. — Branches opposite, whitish. Leaves pale, 1' long. RHAMNACE^E. (BUCKTHORN FAMILY.) 73 2. BERCHEMIA, Neck. SUPPLE-JACK. Calyx 5-cleft, the tube hemispherical. Petals 5, sessile, concave, as long as the calyx. Ovary free, 2-celled, half immersed in the fleshy disk. Styles united. Stigmas 2. Drupe oblong, 2-celled, 2-seeded. — Erect or twining shrubs, with alternate pin nately- veined leaves, with minute stipules, and small greenish axil- lary or panicled flowers. 1. B. VOlubilis, DC. Stem twining; leaves oblong, acute, wavy on the margins, glossy above, the simple veins oblique ; flowers in small terminal pan- icles ; drupe purple. (Zizyphus volubilis, Willd.} — Swamps, Florida to North Carolina, and westward. June. 3. SAGERETIA, Brongn. Calyx 5-cleft, the tube hemispherical, the lobes carinate within. Petals obo- vate, shorter than the calyx, concave. Ovary free, 3-celled. Stigmas 3, nearly sessile. Drupe baccate, composed of three even 1 -seeded indehiscent nutlets. Seeds not grooved. Cotyledons flat. — Slender trailing shrubs, with opposite branches and leaves, and minute whitish spiked flowers. 1. S. Michauxii, Brongn. Stem vine-like (6° -18° long), with spine- like spreading branches ; leaves (!' long) nearly sessile, ovate or oblong-ovate, acute, finely serrate, smooth and shining, persistent ; spikes slender, interrupted, mostly panicled ; petals minute ; drupe dark-purple, globose. (Rhamnus minu- tiflorus, Michx. ) — Dry sandy soil along the coast, Florida to North Carolina. September. — Drupes pleasantly acid. 4. RHAMNUS, Tourn. BUCKTHORN. Calyx 4 - 5-cleft, the tube urceolate, lined with a thin disk. Petals small, ob- ovate, concave, often wanting. Ovary free, 2-4-celled. Styles united below. Stigmas 2-4. Drupe baccate, composed of 2-4 somewhat dehiscent nutlets. Seeds grooved on the back. Raphe dorsal. Cotyledons leafy, revolute. — Shrubs, with alternate stipulate finely veined leaves, and small axillary clustered polygamous or dioecious greenish flowers. 1. R. lanceolatus, Pursh. Leaves oblong-lanceolate, acute, or those of the flowering branches oblong and obtuse, serrulate ; flowers clustered, on short pedi- cels, with long styles, or the more fruitful ones scattered on longer pedicels, and with short styles ; petals emarginate ; drupe 2-seeded. — Hills and river-banks, in the upper districts, Alabama and northward. June. — A tall shrub. Drupes black, as large as a grain of pepper. 5. FRANGULA, Tourn. Seeds not grooved. Raphe lateral. — Leaves strongly parallel- veined. Flow- ers perfect. Otherwise as in Rhamnus. 1. F. Caroliniana, Gray. (CAROLINA BUCKTHORN.) Leaves oblong, wavy and finely serrulate on the margins, the slender petioles and many-flowered short-stalked umbels pubescent ; petals 5, minute ; stigmas 3 ; drupe globose, 7 74 RHAMNACE^E. (BUCKTHORN FAMILY.) 3-seeded. (Rhamnus Carolinianus, Walt.) — Banks of rivers, Florida to North Carolina and westward. June. — A shrub or small tree. Leaves 3' - 4' long. 6. CEANOTHUS, L. JERSEY TEA. Calyx colored, 5-cleft, with the tube adnate to the ovary and persistent, the lobes connivent, deciduous. Petals 5, longer than the calyx, hooded, long-clawed. Stamens exserted. Style 3-parted. Drupe dry, composed of three 2-valved 1-seeded nutlets. Embryo in fleshy albumen. Cotyledons flat. — Shrubby plants, with alternate serrulate minutely stipulate 3-ribbed leaves, and small flowers in lateral and terminal corymbs or panicles. 1. C. Americanus, L. Branches pubescent ; leaves deciduous, variable in size, ovate or ovate-lanceolate, acute or obtuse, sharply serrate, more or less pubescent, petioled ; peduncles elongated, mostly 2-leaved above. — Dry woods, Florida to Mississippi, and northward. July. — Plant shrubby, l°-2°high. Leaves 3-ribbed, varying from f ' (C. intermedius, Ell.) to 3' long, often nearly smooth (C. herbaceus, Raf.). Flowers and pedicels white. 2. C. microphyllus, Michx. Stem erect, diffusely much-branched ; leaves perennial, small, obovate, slightly crenate, 3-ribbed, glossy above, with scattered hairs beneath ; those in the axils clustered ; corymbs small, terminal. — Dry barrens, Florida and Georgia, and westward. April and May. — Shrub l°-2° high, yellowish. Leaves 2" -3" long. Pedicels and flowers white. Drupe black. 3. C. serpyllifolius, Nutt. Decumbent, diffusely branched ; branches filiform ; leaves very small, ovate-elliptical, serrulate, obtuse, the lower surface, as wrell as the petioles, strigose ; peduncles axillary ; flowers few, in a simple corymbose head. — Near St. Mary's, Georgia. — Leaves 3" - 5" long. Pe- duncles 12-15-flowered. 7. COLUBRINA, Rich. Calyx herbaceous, with spreading lobes. Nutlets opening at the apex and down the inner angle. Embryo in thin albumen. Othenvise chiefly as in Ce- anothus. — Tropical shrubs, with alternate parallel-veined leaves, and small flowers in close axillary cymes. 1. C. Americana, Nutt. Leaves coriaceous, ovate-oblong, entire, the lower surface, as also the branches and calyx, covered with a dense rust-colored pubescence ; cyme small, shorter than the petiole ; petals spatulate, emarginate, shorter than the calyx ; drupe 3-lobed. — South Florida.'— Leaves 2' -4' long. Drupe 4" in diameter. 8. GOTTANIA, Jacquin. CHAW-STICK. Calyx 5-cleft, partly adnate to the ovary, the lobes spreading. Petals 5, shorter than the calyx, and inserted into the sinuses of the 5-lobed disk which lines its tube, hooded, and enclosing the short stamens. Ovary 3-celled, 3-ovuled. Style 3-cleft. Drupe dry, 3-lobed or 3-winged, separating from the central axis CELASTRACE^E. (STAFF-TREE FAMILY.) 75 into three valveless nutlets. Embryo in the axis of thin albumen. — Tropical, chiefly climbing shrubs, with alternate stipulate toothed leaves, and perfect or polygamous flowers in terminal spiked clusters. 1. G. Domingensis, L. Branches pubescent; leaves oblong-ovate, ta- pering into an obtuse point, serrate, petioled ; spikes elongated, bearing a tendril at the base ; drupe globose, 3-winged. — South Florida. — Leaves 2' - 4' long. Flowers minute, yellow. Lobes of the disk emarginate. ORDER 40. CEL.ASTRACEJS. (STAFF-TREE FAMILY.) Shrubs, with simple stipulate leaves, and small regular flowers. — Sepals and petals 4-5, imbricated in the bud. Stamens 4-5, alternate with the petals, and inserted with them on the disk which fills the bottom of the calyx. Ovary free, 1 - 5-celled, with 1 - several erect ovules in each cell. Styles united. Fruit capsular or drupaceous. Seeds often arilled. Embryo in the axis of the albumen. — Flowers perfect or polygamous. Synopsis. * Fruit a 1 - 2-seeded drupe. 1. MYGINDA. Ovary 4-celled. Stigmas 4. Drupe 1-seeded. Leaves opposite. Flowers perfect. 2. SCII^EFFERIA. Ovary 2-celled. Stigmas 2. Drupe 2-seeded. Leaves alternate. Flowers dioecious. * * Fruit a 3 - 6-valved capsule : seeds arilled. 3. EUONYMUS. Flowers perfect, in axillary cymes. Calyx flat. Leaves opposite. 4. CELASTRUS. Flowers polygamous, in terminal racemes. Calyx cup-shaped. Capsule globose. Leaves alternate. 5. MAYTENUS. Flowers axillary. Calyx flat. Capsule 3-angled. Leaves alternate. 1. MYGINDA, Jacq. Flowers perfect. Sepals 4, united below. Petals 4, roundish. Stamens 4. Ovary 4-celled, with a solitary anatropous ovule in each cell. Style short, 4-cleft. Drupe 1 -celled, 1-seeded. Seed erect. Embryo in thin albumen. Cotyledons flat. Eadicle inferior. — Tropical shrubs, with small opposite coriaceous leaves, and minute white or reddish flowers on axillary forking peduncles. l.M. Rhacoma, Swartz. Branches slender, pubescent, angled ; leaves ob- long, obtuse, crenate, nearly sessile, paler and often discolored beneath ; pedun- cles filiform, shorter than the leaves, cymosely 2 - 4-flowered ; calyx-lobes round, pubescent ; petals oval, concave, ciliate ; stigmas spreading ; drupe obovate. — South Florida. — A small shrub. Leaves £'- 1' long, glabrous. 2. M. ilicifolia, Lam. Branches terete^ pubescent; leaves smooth, round- ovate, spiny-toothed, short-petioled ; peduncles shorter than the leaves, umbel- lately 3 - 4-flowered ; calyx 4-toothed ; petals rounded ; drupe obovate, pointed with the persistent style.— South Florida. — A small shrub. Leaves £'-f long. 76 CELASTRACE^E. (STAFF-TREE FAMILY.) 3. M. ? latifolia, Swartz. Smooth ; branchlets 4-angled ; leaves opposite, coriaceous, obovate, rounded or emarginate at the apex, narrowed at the base into a short petiole, the margins revolute and obscurely crenate ; cymes axillary and terminal, shorter than the leaves, widely spreading, few-flowered, or in the more sterile plant many-flowered ; sepals roundish, much shorter than the oblong petals ; disk with four emarginate lobes alternating with the stamens ; ovary 2-celled, with a single suspended ovule in each cell ; stigma sessile, 2-lobed ; drupe ovoid, 1 -seeded; embryo large, in thin albumen. — South Florida.— Shrub 8° - 10° high. Leaves 1' long. 2. SCH^PFERIA, Jacq. Flowers dioecious. Sepals 4, barely united at the base, rounded, 3-furrowed. Petals 4, spatulate-oblong, much longer than the calyx. Stamens 4. Ovary 2-cclled. Stigmas 2, sessile. Drupe dry, 2-celled, 2-seeded. Embryo in oily albumen. Radicle inferior. — Shrubs or trees, with alternate leaves and small greenish flowers in axillary clusters. 1. S. frutescens, Jacq. Smooth; leaves obovate-oblong, entire, acute or obtuse ; flowers 3 - 5 in a cluster, the slender pedicels arising from a wart-like peduncle ; drupe globose. — South Florida. — A small tree with hard and close- grained wood. Leaves 1 £' long, pale green. 3. EUONYMUS, L. SPINDLE-TREE. Flowers perfect. Calyx flat, 4-5-clcft. Petals 4-5, spreading. Stamens 4-5, very short, inserted with the petals under the broad and fleshy disk which surrounds the ovary. Ovary 3-5-celled, with 2 erect or resupinate ovules in each cell. Style very short. Capsule 3-5-celled, loculicidally 3-5-valved. Seed enclosed in a red pulpy aril. — Erect or trailing shrubs, with 4-angled branches, opposite serrate leaves, and greenish or purplish flowers in axillary peduncled cymes. 1. E. Americanus, L. (STRAWBERRY BUSH.) Flowers greenish, pentamerous; peduncles 1 - 3-flowered ; capsule warty; leaves short-petioled, varying from ovate or obovate to linear-lanceolate, serrulate. — Low shady woods, Florida and northward. May and June. — Shrub 3° - §° high. Leaves 1'- 2' long. 2. E. atropurpureus, Jacq. Flowers purple, tetramerous ; peduncles many-flowered ; capsule smooth ; leaves oblong, on rather long petioles, serru- late. — River-banks, Florida and northward. May and June. — Shrub 8°- 12° high. Leaves 2' - 5' long. Flowers dark purple. 4. CELASTRUS, L. STAFF-TREE. Flowers somewhat dioecious. Calyx cup-shaped, 5-cleft. Petals 5, spreading. Stamens 5, inserted with the petals into the edge of the cup-shaped fleshy disk which fills the tube of the calyx, abortive in the fertile flower. Ovary 2-4- celled, the cells 2-ovuled. Style thick. Capsule, globose, commonly 3-celled STAPHYLEACE^. (BLADDER-NUT FAMILY.) 77 and 3-valvcd. Seeds 1 - 2 in each cell, enclosed in a fleshy scarlet aril. Embryo in the axis of copious fleshy albumen. — Climbing shrubs, with alternate leaves, and small greenish flowers in axillary or terminal racemes. 1. C. scandens, L. Leaves oblong-ovate or obovate, acuminate, serrate, smooth ; racemes terminating the branches, nearly simple ; capsule orange- colored. — Woods and banks of streams along the mountains of North Carolina, and northward. Juno. 6. MAYTENUS, Juss. Flowers polygamous. Calyx flat, 5-cleft. Petals 5. Stamens 5, very short, inserted with the petals under the edge of the flat circular disk which envelops the ovary. Ovary 2 - 3-celled, with a solitary erect ovule at the base of each cell. Style very short and thick. Stigma 2-3-lobed. Capsule coriaceous, 1 - 3-celled, loculicidally 2 - 3-valved, yellow within. Seeds 1-3, enclosed in a thin pulpy aril. Embryo in the axis of thin fleshy albumen. — Trees or shrubs. Leaves opposite or alternate. Flowers chiefly in axillary clusters. 1. M. phyllanthoides, Benth. Leaves fleshy, alternate, oblong-obo- vate, obscurely crenate and reticulate, glabrous ; flowers minute, clustered, ap- parently perfect; capsule obovate, 3-angled, 1 -celled, 1-3-seeded. — South Florida. — Leaves 1'- 1^' long. ORDER 41. STAPHYLEACE^E. (BLADDER-NUT FAMILY.) Erect shrubs, •with opposite pinnate stipulate leaves, and perfect regular pentandrous flowers. — Calyx 5-parted, colored. Petals and stamens 5, perigynous. Ovary 2 - 3-celled. Ovules 1 - 8 in each cell, attached to the central angle of the cell. Fruit capsular or baccate. Seeds bony, truncated at the base. Embryo straight in scanty albumen. 1. STAPHYLEA, L. BLADDER-NUT. Flowers perfect. Calyx erect, persistent. Petals obovate, erect, alternate with the sepals, imbricated in the bud. Stamens inserted with the petals into the edge of the 5-lobed disk which fills the base of the calyx. Ovary 3-celled, the cells sometimes separate above, 6 - 8-ovuled. Capsule 3-lobcd, mcmbrana- ceous, inflated, few-seeded. — Leaflets stipellate. Flowers white, in drooping compound racemes. 1. S. trifolia, L. Leaves trifoliolate ; leaflets ovate, acuminate, serrate, pubescent beneath, the terminal one long-stalked ; racemes lateral and terminal ; styles 3, connivent ; capsule reticulated, 1-3-seeded. — Damp woods, North Carolina, Tennessee, and northward. May. — Shrub 10° high. Capsules 2; long, 1' in diameter. 7* 78 SAPINDACE^E. (s OAF-BERRY FAMILY.) ORDER 42. SAPINDACE^E. (SOAP-BERRY FAMILY.) Trees or shrubs, rarely herbs, with exstipulate alternate or opposite leaves, and chiefly irregular and 7 - 9-androus flowers, imbricated in the bud. — Calyx 4-5-lobed. Petals 4-5, inserted with the stamens into a hypogynous or somewhat perigynous disk. Anthers opening lengthwise. Ovary 3-celled, the cells 1 - 2-ovuled. Seeds without albumen. Embryo mostly curved or convolute. Cotyledons incumbent, fleshy. Synopsis. TRIBE I. DODONE^S. —Ovules 2-3 in each cell. Embryo spirally coiled. Cotyledons distinct. — Leaves alternate. 1. DODON^IA. Ovules 2 in each cell. Petals none. Capsule 2 - 4-winged. TRIBE II. SAPINDEJE. — Ovules usually solitary. Embryo curved or straight. Coty- ledons distinct. — Leaves alternate. 2. HYPELATE. Ovules 2 - 3 in each cell. Petals 4-5, regular. Fruit drupaceous. 3. SAPINDUS. Ovules solitary. Petals 5, regular. Fruit baccate. 4. CARDIOSPERMUM. Ovules solitary. Petals 4, irregular. Fruit a bladder-like capsule. TRIBE III. HIPPOCASTANE.33. — Ovules 2 in each cell. Embryo roundish. Coty- ledons very thick and partly united. — Leaves opposite. 6. ^ESCULUS. Calyx 5-lobed. Petals 4 - 6, unequal. — Leaves digitate. 1. DODONJEA, L. Flowers perfect or polygamous. Calyx 3 - 5-parted. Petals none. Stamens 5-8: anthers thick, on short filaments. Ovary 3-4-celled, with 2 ovules in each cell; the upper one ascending, the lower pendulous. Styles united. Cap- sule membranaceous, 2 -4-winged, septicidally 2 -4-valved, the cells 1 - 2-seeded. Embryo spirally coiled. — Trees or shrubs, with chiefly simple leaves, and axil- lary or terminal whitish or greenish flowers. 1 . D. viscosa, L. Leaves viscid, oboyate-oblong, entire, parallel-veined ; racemes axillary and terminal, shorter than the leaves; capsule 3-winged, 3- seeded. — South Florida. — Shrubs 6° - 10° high. Flowers greenish. 2. HYPELATE, P.Browne. Calyx 3 -5-parted. Petals 4-5, regular. Stamens 6-10, inserted on the inner face of the cup-shaped disk which fills the base of the calyx. Ovary 2- celled, with 2-3 pendulous ovules in each cell. Styles united. Stigma 2-lobed. Drupe globose, 1- 2-seeded. Embryo erect.— Trees with alternate trifoliolate or abruptly pinnate leaves, and clustered or panicled polygamous flowers. 1. H. trifoliata, P.Browne. Leaves trifoliolate; leaflets obovate, coria- ceous, glabrous, entire ; panicles corymbose, slender, axillary, longer than the leaves, few-flowered; calyx 3-4-parted, pubescent within; petals 4, ciliate; drupe black, 1 -seeded. — South Florida. — A small tree, with brittle branches. Leaflets 1' long, with fine oblique parallel veins. Flowers small, white. Sta- mens 6-8. SAPINDACEJE. (SOAP-BERRY FAMILY.) 79 2. H. paniculata, Don. Leaves abruptly pinnate ; leaflets 2 or 4, ob- long, obtuse, entire, smooth, opposite ; panicles axillary and terminal, with com- pressed branches ; flowers hoary-tomentose ; calyx-lobes and petals 4, rounded; cells of the ovary 2-ovuled. (Melicocca paniculata, Juss. ?) — South Florida. Branches purplish, dotted with white. Leaflets 2' - 3' long. 3. SAPINDUS, L. SOAP-BERRY. Calyx 5-parted, deciduous. Petals 5, regular, with a scale at the base of each within. Stamens 8-10, inserted on the hypogynous disk. Styles united. Stig- mas 3. Ovary 3-celled, the cells 1-ovuled. Fruit baccate, globose or 2-3- lobed, 1-3-seeded. Seeds bony. Embryo incurved. — Trees, with abruptly pinnate leaves, and small polygamous flowers in axillary or terminal racemes or panicles. 1. S. marginatus, Wild. Petioles wingless; leaflets 9-18, opposite or Alternate, ovate-lanceolate, unequal-sided, strongly veined above ; panicles large, dense-flowered ; fruit globose. — Georgia and Florida, near the coast, and west- ward. — A tree 20° - 40° high. Flowers white. 4. CARDIOSPERMUM, L. Sepals 4, the 2 outer ones much shorter. Petals 4, irregular, each with a petal-like scale at the base within ; those of the 2 outer petals entire, the others with a crested appendage on the inner edge. Stamens 8. Disk 2-glandular. Cells of the ovary 1-ovuled. Style 3-cleft. Capsule 3-angled, 3-celled, locu- licidally 3-valved, inflated. Seed furnished with a cordate aril. — Herbs, climb- ing by tendrils. Leaves biternate. 1. C. Halicacabum, L. — South Florida, apparently native, and not un- common in cultivation. — Annual. Stem slender. Leaflets ovate-lanceolate, incisely lobed and toothed. Capsule pear-shaped, 1' in diameter. * 5. JESCULUS, L. ' HORSECHESTNTJT. BUCKEYE. Calyx 5-lobed, unequal. Petals 4- 5, unequal, clawed. Stamens 5-8, usu- ally 7, inserted on the annular hypogynous disk. Style slender. Ovary 3-celled, the cells 2-ovuled. Capsule coriaceous, 1 - 3-celled, loculicidally 2 - 3-valved, 1 - 3-seeded. Cotyledons very large and thick, partly united. — Trees or shrubs, with opposite long-petioled digitate leaves, and showy polygamous flowers, in terminal panicles. § 1. JEscuLUS proper. Fruit prickly. 1. JR. glabra, Willd. Stamens almost twice the length of the erect nearly equal pale yellow petals ; panicle oblong-ovate, loosely flowered ; leaflets 5, oval or oblong, acuminate, unequally serrulate, smooth or slightly pubescent beneath. (IE. pallida, Willd.) — Banks of rivers, Tennessee and northward. May and June. — A small tree with rough strong-scented bark. Flowers small. § 2. PA vi A. Fruit smooth. 2. JE. Pavia, L. Stamens slightly exserted; claws of the two upper 8(> ACERACE^E. (MAPLE FAMILY.) petals as long as the tubular calyx ; panicle oblong ; leaflets 5, varying from lanceolate to oval, short-acuminate, finely serrate, smooth, or nearly so, on both surfaces — Rich soil, Florida to North Carolina, and westward. March - May. — A shrub, or in the upper districts, a small tree. Flowers red. 3. JE. flava, Ait. Stamens included; claws of the lateral petals longer than the tubular-campanulate calyx ; panicle oblong, pubescent ; leaflets 5-7, obovate-oblong, acuminate, finely serrate, pubescent beneath.— Rich soil, in the middle and upper districts of Georgia to North Carolina and northward. April and May. — A shrub or small tree. Flowers pale yellow. JE. discolor, Pursh, is a form of this species with more strongly serrate leaflets, and flesh-colored or dull purple flowers. 4. JE. parviflora, Walt. Stamens 3 times as long as the corolla ; claws of the nearly similar petals longer than the obconical calyx ; panicle racemose, very long; leaflets 5 - 7, oval-obovate, tomentose beneath. (JE. macrostachya, Mchx.) — Upper districts of Georgia and South Carolina. April and May. — Shrub 3° - 9° high. Flowers white, Stamens 6 or 7. ORDER 43. ACERACE^S. (MAPLE FAMILY.) Trees or shrubs, with opposite palmately lobed or pinnate exstipulate leaves, and regular mostly polygamous or dioecious flowers, with an imbri- cated aestivation. — Calyx 4-9-lobed. Petals as many as the lobes of the calyx, or none. Stamens 4-12, inserted with the petals into a hypogy- nous disk. Ovary 2-celled, with 2 pendulous amphitropous ovules in each cell, forming in fruit a double 2-seeded samara. Styles 2. Seeds with little or no albumen. Embryo folded or spirally coiled. 1. ACER, L. MAPLE. Flowers polygamous. Petals usually 5-8, or none. Stamens 4-12. — Leaves simple, palmately lobed. Flowers clustered or racemose. * Flowers in terminal racemes, appearing after the leaves. 1. A. Pennsylvanieum, L. (STRIPED MAPLE.) Racemes simple, drooping; flowers (15-25) large ; petals obovate ; leases slightly cordate, with 3 acuminate finely serrate lobes ; samara large. (A. striatum, Lam.) — Banks of mountain streams, Georgia and northward. May. — A shrub or small tree, with striped bark. Flowers greenish. 2. A. spicatum, Lam. (MOUNTAIN MAPLE.) Racemes compound, erect ; flowers small, very numerous ; petals linear-spatulate ; leaves cordate, 3-lobed, coarsely serrate ; samara small. — With the preceding. — Shrub 6° - 10° high. Leaves pubescent beneath. * * Flowers on long and drooping umbellate or corymbose pedicels, developed from lateral and terminal buds. 3. A. saceharinum, Wang. (SUGAR MAPLE.) Leaves cordate, with 3-5 acute or acuminate sinuate-toothed lobes, paler and slightly pubescent be- MALPIGHIACE^E. (MALPIGHIA FAMILY.) 81 neath ; flowers umbellate-corymbcd, appearing with the leaves ; calyx bell-shaped, fringed on the margin, nearly as long as the stamens ; petals none. — Rich soil, chiefly in the upper districts, and northward. April and May. — A large tree. Leaves 3' -5' wide. Var. Floridanum. Leaves truncate or slightly cordate at the base, with 3-5 obtuse and obscurely 3-toothed lobes ; flowers umbellate, appearing before the leaves ; calyx short, cup-shaped, hairy, one third as long as the stamens. — Upland woods, Middle Florida. March and April. — A small tree. Leaves, flowers, and fruit scarcely half as large as in the ordinary form. * * * Flowers on short and erect clustered pedicels, developed from lateral buds, and appearing before the leaves : fruiting pedicels long and drooping. 4. A. dasycarpum, Ehrh. (SILVER MAPLE.) Leaves cordate, 3-5- lobed, sharply toothed and serrate, white beneath ; petals none ; samara large, woolly when young. — Banks of rivers, Florida to Mississippi, and northward. February and March. — A tree 30° - 50° high, with soft wood. Flowers yel- lowish. 5. A. rubrum, L. (RED or SWAMP MAPLE.) Leaves 3-5-Iobed, or undivided, smooth or pubescent, either cordate or rounded, or sometimes acute at the base, toothed and serrate, white beneath ; petals oblong or linear ; samara small, smooth. — Swamps, Florida to Mississippi, and northward. February and March. — A small tree. Flowers and fruit red. 2. NEGUNDO, Mcench. ASH-LEAVED MAPLE. Flowers dioecious. Calyx minute. Petals none. Stamens 4-5, hypogynous. — A small tree, with smooth green bark. Leaves pinnately 3 - 5-foliolate, the leaf- lets ovate or oblong, lobed or toothed. Flowers small, greenish ; the sterile ones on long and drooping clustered pedicels, the fertile ones racemose, both from lateral buds appearing with or before the leaves. 1. N. aceroides, Mrench. (Acer Negundo, L.) River-banks, Florida and northward. March and April. ORDER 44. MAL.PIGHIACEJE. (MALPIGHIA FAMILY.) Trees or shrubs, with opposite simple dotless and mostly stipulate leaves, and regular racemose or corymbose flowers on usually jointed pedicels. — Calyx 5-parted. Petals 5, alternate with the calyx-lobes, unguiculate, sometimes wanting. Stamens 10, alternate with the petals, and inserted with them into a hypogynous disk : anthers roundish. Ovary solitary, mostly 3-lobed, consisting of three more or less united carpels. Styles 3, distinct or united. Fruit composed of one to three 1-seeded cells or car- pels. Seeds pendulous, without albumen. Cotyledons thick or leafy. 82 POLYGALACEJE. (MILKWORT FAMILY.) 1. BYRSONIMA, Rich. Calyx with 10 glands at the base without. Petals 5. Stamens monadelphous at the base. Styles 3. Fruit drupaceous, 3-celled, 3-seeded. — Racemes termi- nal, simple or branched. 1. B. lucida, Rich. Smooth; stem much-branched; leaves coriaceous, wedge-obovate, obtuse, entire, short-petioled, shining above, paler beneath, vein- less ; racemes erect, bracted, simple, twice the length of the leaves ; pedicels slender, spreading ; petals yellow, orbicular-cordate, wavy, long-clawed ; drupe smooth, globose. — South Florida. — A small shrub. Leaves 1' long. Drupe as large as a grain of pepper. ORDER 45. POLYGALACE^E. (MILKWORT FAMILY.) Herbs or shrubs, with entire exstipulate leaves, and irregular hypogy- nous monadelphous or diadelphous flowers. — Anthers 1 -celled, opening by a terminal pore. Ovary 2-celled, with a single anatropous pendulous ovule in each cell. Seeds often carunculate. Embryo straight in scanty albumen. Radicle superior. 1. POLYGALA, L. MILKWORT. Sepals 5, persistent, unequal ; the two lateral ones (wings) larger and petal-like. Petals 3, more or less united ; the middle one (keel) larger, and usually crested at the apex. Stamens 8, rarely 6, united into a tube, or into two equal sets, and also with the claws of the petals. Style curved, clavate. Stigma terminal or lateral. Capsule 2-celled, 2-seeded. Seeds suspended, carunculate. — Chiefly herbs. Leaves alternate or whorled. Flowers in terminal spikes or racemes, rarely axillary, or radical and imperfect § 1. Flowers in globose or oblong more or less compact spikes. * Spikes corymbose : biennials. 1. P. cymosa, Walt. Stem tall, simple ; leaves scattered, linear, acute, the upper bract-like, the lowest long (6' -9') and crowded; corymbs simple or compound ; wings oblong, abruptly acute ; seeds minute, globose-obovate, smooth ; caruncle none. (P. corymbosa, Ell. P. acutifolia, Torr. fr Gray. P. graminifolia, Poir. P. attenuata, Nutt.) — Pine barren ponds, Florida to North Carolina, and westward. July. — Stems 2° - 4° high. Corymbs very large and compound, or small and simple. Flowers yellow, turning dark green in drying. Plant yellowish. 2. P. ramosa, Ell. Stem low, simple, or branching and leafy from the base to the summit ; leaves fleshy, lanceolate, acute, scattered, the lowest spatu- late-obovate, obtuse, crowded ; corymbs compound, fastigiate ; wings ovate- lanceolate, acuminate ; lobes of the caruncle small, roundish, embracing the base of the minute oval hairy seed. (P. corymbosa, Nutt. P. cymosa, Poir.) — Low open pine barrens, Florida to Mississippi, and northward. July- Septem- ber. — Stems 6' - 12' high. Flowers yellow, turning green in drying. POLYGALACE^E. (MILKWORT FAMILY.) 83 3. P. Baldwin!!, Nutt. Stem angled, simple ; leaves alternate, lanceolate, acute, the lowest spatulate ; corymbs compound; spikes dense; wings ovate- lanceolate, tapering into a long and slender point ; seeds very small, globose, hairy; caruncle minute. —Low pine barrens, Georgia, Florida, and westward. July and August. — Stem 1°- l£° high. Leaves £'- 1' long. Flowers white, fragrant. * * Spikes solitary : leaves alternate. •*- Flowers yellow : biennials. 4. P. lutea, L. (YELLOW BACHELOR'S-BUTTON.) Stem simple or with spreading branches ; leaves lanceolate, acute, the lowest clustered, spatulate- obovate, obtuse ; spikes dense, globose or oblong ; wings elliptical, abruptly pointed ; lobes of the caruncle nearly as long as the obovate sparse-hairy seed. — Low pine barrens, Florida to Mississippi, and northward. June - August. — Stem 6'- 12' high. Flowers orange-yellow. 5. P. nana, DC. Low ; stems divided at the base into several short pe- duncle-like branches ; leaves chiefly radical, clustered, spatulate or linear, obtuse ; spikes thick, at length cylindrical, the earliest ones sessile ; wings ovate-lance- olate, acuminate ; lobes of the caruncle half as long as the obovate hairy seed. (P. viridescens, Nutt.) — Low sandy pine barrens, Florida to South Carolina, and westward, flowering throughout the year. — Stems 2'-4; high. Spikes 1 ' - 2' long. Flowers yellow. •»- -i- Flowers purple or rose-color : annuals : stems branching. 6. P. sanguinea, L. Leaves oblong-linear, acute ; spikes ovate or round- ish, obtuse ; flowers imbricated ; wings broadly ovate, obtuse, sessile ; lobes of the caruncle rather shorter than the pear-shaped sparse-hairy seed. (P. pur- purea, Nutt,) — Low grounds, North Carolina and northward. July -Sept. — Stems 1° high. Flowers reddish-purple. Bracts persistent. 7. P. fastigiata, Nutt. Stems slender, at first simple; leaves narrow- linear, acute ; spikes globose, obtuse ; wings oblong-obovate tapering into a dis- tinct claw at the base ; caruncle as long as the stalk of the sparse-hairy pear- shaped seed. (P. sanguinea, Torr. $- Gray.) — Low pine barrens, Florida to North Carolina, and westward. July -Oct. — Stems 10' -15' high. Leaves erect. Flowers small, bright rose-color. Bracts deciduous. 8. P. Nuttallii, Carey. Leaves short, linear, obtuse ; spikes oblong, acute, dense ; wings short, elliptical, slightly clawed ; lobes of the caruncle col- lateral, one third as long as the obovate very haiiy seed. (P. sanguinea, Nutt. P. ambigua, Torr. $* Gray.) — Dry sandy soil, North Carolina and northward. August. — Stem 4' -8' high, the branches fastigiate. Spikes and greenish and purple flowers smaller than in No. 7. Bracts persistent. 9. P. Chapman!!, Torr. & Gray. Stems slender, at length sparingly branched ; leaves scattered, narrow-linear, acute ; spikes long, lanceolate, acute, loose-flowered ; wings obovate, short-clawed ; lobes of the caruncle spreading, as long as the stalked base of the pear-shaped very hairy seed. — Low pine barrens near the coast, West Florida and westward. June -August. — Stems 1°-1^° high. Spikes 1'- 2' long. Flowers bright-purple. Bracts persistent. 84 POLYGALACE^:. (MILKWOBT FAMILY.) 10. P. incarnata, L. Stem often simple, glaucous ; leaves scattered, lin- ear, fleshy, sometimes minute and subulate ; spikes lanceolate, acute, dense- flowered ; petals united into a tube which is twice as long as the elliptical wings, conspicuously crested ; caruncle spongy, as long as the stalk of the oval hairy seed. — Dry sandy soil, Florida to Mississippi, and northward. June - August. — Stem 1°- 2° high. Bracts deciduous. Flowers and often the rachis purple. 11. P. setacea, Michx. Stems simple or sparingly branched, slender; leaves minute, scale-like ; spikes oblong, dense-flowered, acute ; wings oblong, acute, as long as the petals ; caruncle and seeds as in No. 10. — Low pine bar- rens, Florida to North Carolina, and westward. May - July. — Stem 1 ° high. Spikes £'- lf long. Flowers pale rose-color or whitish. Bracts deciduous. # # * Spikes solitary : leaves whorled : flowers purple. 12. P. cruciata, L. Stem erect, 4-angled, simple or branched; leaves in fours, linear or oblong-linear, thick, obtuse, the upper ones alternate ; spikes large, ovate, becoming cylindrical, short-peduncled ; wings ovate, tapering into a long subulate point ; lobes of the caruncle linear, collateral, as long as the smoothish oval seed. — Pine-barren swamps, Florida to Mississippi, and north- ward. July - Oct. — Stem 6' - 1 2' high. Spikes 1 ' - 2' long, |' thick. Flowers pale rose-color. Bracts persistent. 13. P. brevifolia, Nutt. Stem weak, 4-angled, with long and spreading branches ; leaves thin, lanceolate or linear, acute, the lower ones in fours ; spikes small, ovate, long-peduncled ; wings lanceolate-ovate, barely pointed ; caruncle as long as the obovate hairy seed. — Bogs, Florida and northward. July - Oct. — Stem 1°- 1£° long. Spikes scarcely half as large as in the preceding. Flowers reddish-purple. Bracts persistent. 14. P. Hookeri, Torr. & Gray. Stems short, weak, much branched, 4- angled; leaves in fours, short, linear, acutish; spikes long-peduncled, ovate- lanceolate, acuminate, loose-flowered; wings erect, lanceolate-ovate, acute; caruncle as long as the ovoid sparse-hairy and viscid seed. — Low grassy pine barrens, West Florida and westward. July - Sept. — Stems 6'- 10' high. Leaves 4" - 6" long ; those of the branches mostly alternate. Flowers pale rose-color. Bracts persistent. § 2. Flowers in slender racemes or spikes. * Leaves alternate: perennials or biennials. 15. P. grandiflora, Walt. Pubescent; stems branching ; leaves lanceo- late ; flowers large, crestless, scattered in long racemes ; fruiting pedicels droop- ing ; wings large, orbicular, erect ; caruncle enclosing the stalk of the oblong hairy seed. (P. pubescens, Muhl.) — Varies with smoothish linear leaves, and smaller flowers. (P. flabellata, Shuttl.) — Dry light soil, Florida to South Car- olina, and westward. July -Sept. 1|. — Stem 1° high. Racemes 3'- 6' long, often lateral by the prolongation of the stem. Flowers bright purple, turning greenish. 16. P. polygama, Walt. Smooth; stems numerous, simple; leaves oblong-linear, the lowest spatulate or obovate ; flowers of two kinds, viz. one POLYGALACEJE. (MILKWORT FAMILY.) 85 kind showy and perfect, borne in a loose terminal raceme, the other imperfect, but fruiting, in radical (rarely axillary) spikes; wings obovate ; caruncle half as long as the obovate very hairy seed. (P. rubella, Mold.) — Wet or dry sandy barrens, Florida to Mississippi, and northward. May and June. @ Stems 6'- 12' high, very leafy. Racemes 2' -6' long. Flowers purple. 17. P. Senega, L. (SENECA SNAKEROOT.) Stems several from a thick woody root, erect or ascending, simple or branching above ; leaves numerous, lanceolate, the upper ones acute (!' long) ; spike cylindrical, pedunclcd; wings rotmd-obovate, as long as the capsule ; lobes of the caruncle linear, as long as the obovate hairy seed. — Var. LATIFOLIA, Torr. & Gray. Stem taller ( 1° - U°) ; leaves large (2' -4' long), ovate or ovate-lanceolate, acute or acuminate at each end. — Dry rocky woods in the upper districts of North Carolina and northward ; the variety in Tennessee, and northward. May and June. 1J. — Stems 8' -12' high. Spikes 1 '- 1 £' long. Flowers greenish-white. 18. P. alba, Nutt. Stems several from a somewhat woody rdbt, erect or ascending, angular, at length branched above ; leaves linear, narrowed toward the base, acute, or lowest ones obtuse ; spike long-peduncled, linear-lanceolate, acuminate ; flowers short-pedicellcd ; wings oval, rather longer than the capsule ; lobes of the caruncle shorter than the oblong-obovate very hairy seed. (P. bicolor, Kunth.) — Interior of Alabama, Buckley, and westward. — Stems £°-l°high. Spikes 1'- 3' long. Flowers white. Bracts deciduous. * * Leaves ichorled : flowers small, greenish or white, in slender spikes. 19. P. Boykinii, Nutt. Perennial; stems numerous, angled, simple or sparingly branched ; leaves 4 - 5 in a whorl, the lower ones oblong-obovate, the upper lanceolate and scattered ; spike linear, long-pcduncled ; wings obovate, as long as the capsule ; caruncle half as long as the oblong-obovate curved and very hairy seed. — Rich calcareous soil, Florida, Georgia, and westward. May- July. 1|. — Stems l°-2° high. Leaves 1'long. Spikes 2' -3' long. Flowers white. 20. P. verticillata, L. Annual ; stems low, 4-angled, much branched ; leaves 4 - 5 in a whorl, linear, acute, the upper ones scattered ; spikes lanceolate ; wings roundish, as long as the capsule ; lobes of the caruncle half as long as the oblong hairy seed. — Dry sandy soil, Florida to Mississippi, and northward. June - Aug. — Stem 4' - 8' high. Spikes £' - 1' long. Flowers greenish- white. 21. P. leptostachys, Shuttl. Annual; stems filiform or setaceous, sim- ple, or branched above, straight ; leaves remote, 4-5 in a whorl, narrow-linear or filiform, acute ; spike linear, long-peduncled ; wings oval, nearly sessile, smaller than the capsule ; caruncle half as long as the smooth curved clavate- obovate seed. — Dry sand hills, Florida. May - August. — Stems 10'- 15' high. Flowers greenish. § 3. Flowers axillary, and with imperfect radical ones, as in No. 16. 22. P. paucifolia, L. Perennial ; flowering stems erect, simple, leafy at the summit ; leaves large, ovate, alternate, narrowed into a petiole, the lower ones bract-like ; flowers (1-3) peduncled, crested, very large ; wings obovate ; 8 86 LEGUMINOS^E. (PULSE FAMILY.) lobes of the caruncle subulate, varying in length ; seeds hairy ; radical spikes bracted. — Mountains of Georgia and northward. May. — Stems 4' -6' high, from a long prostrate base. Flowers |' long, purple. ORDER 46. KRAMERIACE^E. (RHATANY FAMILY.) Silky-pubescent herbs or shrubs, with diffuse stems, alternate leaves, and irregular hypogynous purplish flowers, on axillary 2-bracted and jointed peduncles. — Sepals 5, colored, deciduous. Petals 5, shorter than the sepals; the 3 posterior ones, long-clawed, often united; the 2 anterior broad, sessile and fleshy. Stamens 4, the posterior ones distinct or united. Anthers 2-celled, opening by a terminal pore. Ovary 1-celled, 2-o\niled. Fruit 1-seeded, woody, indehiscent, armed with hispid prickles. Albumen none. Radicle concealed in the cotyledons. 1. KRAMERJA, Locfl. Characters of the order. 1. K. lanceolata, Torr. Herbaceous; stems slender, prostrate, mostly branching ; leaves lanceolate or linear, acute ; peduncles longer than the leaves, leafy-bracted above the middle ; claws of the posterior petals, and stamens, united ; fruit globose, downy, armed with few strong spreading spines. — Tampa Bay, South Florida, and westward. — Eoot long and woody. Stems 1° long. ORDER 47. L.EGUMINOSA3. (PULSE FAMILY.) Herbs, shrubs, or trees, with chiefly compound alternate stipulate leaves, and papilionaceous or regular perigynous or hypogynous flowers. — Sepals 5, more or less united. Petals 5, rarely fewer, or none. Stamens mona- delphous, diadelphous, or distinct. Ovary simple, free, forming a legume in fruit. Seeds without albumen. Leaves almost always with entire mar- gins. Synopsis* Suborder I. PAPILIONACE^E. Corolla of 5 (rarely fewer) irreg- ular petals, inserted into the base of the calyx, rarely perigynous, imbri- cated in the bud, mostly papilionaceous; viz. one upper and exterior, termed the vexillum or standard; two lateral, called wings; and two lower and interior, oftener united by their contiguous margins, forming together the keel. Stamens 10 (rarely 5), separate, monadelphous, or diadelphous (9 & 1, or 5 & 5). Legume 1-celled (sometimes partly 2-celled by the in- troversion of the sutures), or several-celled by transverse partitions. Style simple. Cotyledons thick. TRIBE I. LOTEJE. Corolla papilionaceous. Stamens 10 (except No. 8). Legume con- tinuous (not jointed). Cotyledons leafy in germination. — Stems (except No. 12) not twining, nor climbing. LEGUMINOSJE. (PULSE FAMILY.) 87 * Stamens monadelphous : anthers of 2 forms. Leaves simple, or palmately compound. 1. CKOTALARIA. Calyx 5-lobed. Legume inflated. Upper stipules decurrent. 2. LUPINUS. Calyx 2-lipped. Legume flattened. Stipules not decurrent. * * Stamens diadelphous : anthers alike. Leaves trifoliolatc, rarely palmate or pinnate, the earliest ones alternate. 3. MEDICAGO. Legume membranaceous, curved or coiled, 1 - many-seeded. Flowers racemed. 4. MELILOTUS. Legume coriaceous, straight, rugose or veined, 1 - 4-seeded. Flowers racemed or spiked. 5. TRIFOLIUM. Legume smooth, membranaceous, l-4-$eeded. Flowers capitate. 6. HOSACKIA. Legume straight, many -seeded. Peduncle 1 - 3-flowered. * * * Stamens monadelphous or diadelphous. Legume mostly 1-seeded and indehiscent. Plants dotted with small dark glands. Earliest leaves opposite. H- Legume included in the calyx. 7. PSORALEA. Corolla papilionaceous. Stamens 10, diadelphous : half of the anthers of ten imperfect. 8. PETALOSTEMON. Stamens 6, united into a cleft tube, and adnate to the claws of four of the nearly regular petals. 9. DALEA. Stamens 9 or 10, the tube partly adnate to the claws of the petals. ••- t- Legume exserted. 10. AMORPIIA. Stamens 10, monadelphous. Wings and keel none. * * * * Stamens mostly diadelphous. Legume 1 - many-seeded, 1-celled, 2-valved. Leaves pinnate. •*- Trees or shrubs. 11. ROBINIA. Legume flat and thin, margined on one edge. Trees or shrubs. 12. WISTARIA. Legume nearly terete, coriaceous, contracted between the seeds. Twining shrubs. t- H- Herbs. 13. TEPHROSIA. Calyx 5-cleft. Vexillum large. Legume compressed, many-seeded. Leaves unequally pinnate. 14. INDIGOFERA. Calyx minute, 5-cleft. Vexillum small. Legume terete or angled, 2 - many-seeded. Leaves unequally pinnate. 15. GLOTTIDIUM. Calyx truncate. Legume oblong, 2-seeded. Leaves abruptly pinnate. 16. SESBANIA. Calyx 5-toothed. Legume very long and slender, many-seeded. Leaves abruptly pinnate. ***** Stamens diadelphous. Legume 2-celled lengthwise, or 1-celled, with one of the sutures turned inward. Leaves pinnate. 17. ASTRAGALUS. Stamens 10, diadelphous. Legume tumid. TEIBE II. VICIEJE. Stamens diadelphous (9 & 1). Legume 2-valved, not jointed. Cotyledons thick and fleshy, remaining under ground in germination. — Climbing vines ; the petioles of the pinnate leaves ending in a tendril. 18. VICIA. Style filiform, bearded at the apex, or on the side facing the keel. 19. LATHYRUS. Style flattened, bearded on the side facing the vexillum. TRIBE III. HEDYSAREJE. Stamens monadelphous or diadelphous. Legume sepa- rating transversely into 1-seeded indehiscent reticulated joints, or 1-jointed. — Stems not twining. * Flowers yellow. 20. ^ESCHYNOMENE. Leaves pinnate. Stamens diadelphous (5 & 5). Flowers perfect. 21. ZORNIA. Leaves palmately compound. Legume 2 - 5- jointed. Flowers perfect. 22. STYLOSANTHES. Leaves trifoliolate. Anthers of 2 forms. Flowers monoecious. 23. CHAPMANNIA. Leaves pinnate. Anthers alike. Flowers monoecious. * * Flowers white or purplish. 24. LESPEDEZA. Legume 1-jointed. Peduncles axillary. 88 LEGUMINOS^E. (PULSE FAMILY.) 25. DESMODIUM. Legume 2 - 6-jointed, bristly. Racemes terminal. TRIBE IV. PHASEOL.E.3E. Stamens monadelphous or diadelphous (9 & 1). Leg- ume 2-valved, not jointed. Cotyledons thick and fleshy ; usually raised above ground in germination. — Chiefly twining vines. * Ovary 1-2-ovuled. 26. RHYNCHOSIA. Legume oblong. Flowers yellow. Leaves trifoliolate. * * Ovary few or many-ovuled. t- Keel spirally twisted. 27. APIOS. Leaves pinnate, not stipellate. 28. PHASEOLUS. Leaves trifoliolate, stipellate. f- *- Keel straight. Leaves trifoliolate (except one species of Galactia). •H- Legume terete, torulose. 29. VIGNA. Flowers yellow. Vexillum roundish. Stems twining. 30. ERYTHRINA. Flowers scarlet. Texillum narrow, elongated. Stems erect. •H- -H- Legume flattened. = Bracts opposite. Vexilium very large. • 31. CLITORIA. Calyx tubular, 5-toothed. Vexilium spurless at the base. 32. CENTROSEMA. Calyx short, 5-cleft. Vexilium spurred at the base. = = Bracts alternate. 33. AMPHICARP^LA. Calyx 4 - 6-toothed. Flowers of two kinds. Bracts persistent 34. GALACTIA. Calyx 4-cleft. Bracts deciduous. Legume linear. 35. CANAVALIA. Stamens monadelphous. Calyx bilabiate. Hilum linear. Legume three- ridged on the back. 36. DOLICHOS. Stamens diadelphous (9 & 1). Calyx 5-cleft. Hilum oval. TRIBE V. DAI.BERGIEJE. Stamens 10, monadelphous or diadelphous. Legume indehiscent. Cotyledons thick and fleshy. — Trees or shrubs. 37. PISCIDIA. Legume compressed, 4-winged. Leaves pinnate. TRIBE VI. SOPHORE^E. Stamens 10, separate. Legume not jointed. — Erect herbs, shrubs, or trees. * Legume dehiscent. 38. BAPTISIA. Stamens deciduous. Legume inflated, stipitate, few-seeded. Leaves simple or trifoliolate. 39. THERMOPSIS. Stamens persistent. Legume nearly sessile, flattened, many-seeded. Leaves trifoliolate. 40. CLADRASTIS. Stamens persistent. Legume flat, few-seeded. Leaves pinnate. Tree. * * Legume indehiscent. 41. SOPHORA. Legume moniliform. Leaves pinnate. Shrubs. SUBORDER IT. C^SALPINIE^S. Corolla irregular and somewhat papilionaceous, or almost regular, imbricated in the bud \ the upper petal interior. Stamens separate. Embryo straight. 42. CIRCIS. Flowers perfect, somewhat papilionaceous. Calyx 5-toothed. Leaves simple. 43. CASSIA. Flowers perfect, irregular. Calyx deeply 5-parted. Anthers dissimilar. Leaves pinnate. 44. GLEDITSCHIA. Flowers polygamous, almost regular. Calyx 3 - 5-parted. Leaves pin- nate and bipinnate. SUBORDER III. MIMOSE^E. Corolla regular, hypogynous, valvate in the bud. Stamens distinct or united, often very numerous, inserted with the petals. Embryo straight. — Leaves pinnate or 2 - 3-pmnate. Flow- ers polygamous. LEGUMINOS^E. (PULSE FAMILY.) 89 * Flowers perfect and stainiuato. Petals united. 45. MIMOSA. Filaments distinct. Legume jointed, flat. 46. SCHRANKIA. Filaments distinct. Legume not jointed, echinate. 47. PITHECOLOBIUM. Filaments united into a tube below. Legume broad and flat, mealy or pulpy within. * * Flowers perfect and neutral. Petals distinct. 48. DESMANTHUS. Sterile filaments filiform. Legume linear, many-seeded. 49. NEPTUNIA. Sterile filaments flat or petal-like. Legume oblong, few-seeded. SUBORDER I. PAPIL.IONACEJE. PULSE FAMILY. 1. CROTALARIA, L. RATTLE-BOX. Calyx 5-lobed. Vexillum cordate : keel falcate. Stamens monadelphous. Anthers alternately oblong and roundish. Capsule inflated, oblong, many- seeded. — Low herbs, with simple leaves ; the upper ones with broad decurrent inversely sagittate stipules. Racemes opposite the leaves. Flowers yellow. Legumes dark-purple. 1. C. sagittalis, L. Annual ; stems low, branching, shaggy with rust- colored spreading hairs ; leaves nearly sessile, oval or oblong, hairy ; racemes short, 2 - 3-flowered. — Barren sandy soil, Florida and northward. June and July. — Stem 3' - 6' high. Racemes 2' - 3' long. 2. C. ovalis, Pursh. Perennial ; stems several, branching, prostrate or as- cending, rough with appressed hairs ; leaves short-petioled, oval or oblong, hairy ; racemes long, 3- 6-flowered. — Dry pine barrens, Florida to North Carolina, and westward. May- July. — Stem 6' -12' high. Racemes 4' -6' long. Flowers distant. 3. C. Purshii, DC. Perennial ; stems slender, erect, roughened with scat- tered appressed hairs ; leaves thick, smooth above, the lower ones oblong, the upper linear ; racemes long, 5 - 10-flowered. — Flat grassy pine barrens, Florida to South Carolina, and westward. May and June. — Stem 12'- 18' high. Ra- cemes 6' - 12' long. Flowers distant. 2. LUPINUS, Tourn. LUPINE. Calyx 2-lipped, 5-toothed. Vexillum with the sides reflexed. Keel falcate, acute. Stamens monadelphous, with alternate anthers oblong and roundish. Capsule oblong, compressed, many-seeded ; the seeds often separated by cellular partitions. — Herbs, with simple or palmately 5 - many-foliolate leaves, and showy flowers in terminal racemes. 1 . L. perennis, L. Stem pubescent, erect ; leaves palmately 7 - 9-folio- late ; leaflets obovate-oblong, obtuse, more or less hairy ; stipules minute ; ra- cemes long, loosely many-flowered ; flowers purplish or purplish-blue, rarely white. — Var. GRACILIS (L. gracilis, Nutt.) is a more slender and hairy form, with smaller and narrower, often acute leaflets. — Dry sandy soil, Florida to Mississippi, and northward. April and May. 1J. — Stem 1°- l£° high. 2. L. villosus, Willd. — Biennial ; villous and hoary; stems thick, pros-^ trate or ascending; leaves simple, lanceolate-oblong, mostly acute, long-petioled ; 8* 90 LEGUMINOSJE. (PULSE FAMILY.) stipules linear-subulate, elongated, adnate below to the petioles ; racemes erect, densely many-flowered ; flowers pale red, the vexillum dark purple in the centre ; legume very woolly. — Dry sandy barrens, Florida to North Carolina. April. — Stems 1° - 2° long. Leaves (with the petiole) 6' -8' long. 3. L. difiustlS, Nutt. Perennial ; silky-tomentose and hoary ; stems pros- trate or erect, much branched ; leaves simple, oblong or obovate, obtuse, short- petioled ; stipules short, often wanting on the branches ; racemes many-flowered ; flowers blue, the vexillum dark purple in the centre ; legume woolly. — Dry sand-ridges, Florida to North Carolina. April and May. — (Stems 1° - 2° high. Leaves 2' -4' long. 3. MEDICAGO, L. Calyx 5-cleft ; the lobes subulate or setaceous. Corolla deciduous. Vexillum longer than the partly united wings and keel. Stamens 10, diadelphous (9 & 1), equal. Style smooth. Legume falcate or coiled, 1 -many-seeded. — Herbs or shrubs. Leaves trifoliolate. Stipules adnate to the petioles, mostly incised. Flowers yellow, in axillary spikes. 1. M. lupulina, L. Pubescent ; stem procumbent ; leaflets obovate, toothed ; stipules nearly entire ; spikes globose, many-flowered ; flowers mi- nute; legumes reniform, 1 -seeded, black. — Waste places, Florida and north- ward. Introduced. (I) — Stem l°-2° long. 4. MELILOTUS, Tourn. MELILOT. SWEET CLOVER. Calyx 5-toothed ; the teeth long and equal. Corolla deciduous. "Wings and keel cohering. Stamens diadelphous (9 & 1). Legume ovoid, coriaceous, veiny or rugose, longer than the calyx, 1 - 4-seeded, scarcely dehiscent. — Smooth herbs. Leaves trifoliolate. Leaflets often toothed. Stipules adnate to the petioles. Flowers yellow or white, in axillary racemes. 1. M. oflQ-Cinalis, Willd. Stem erect, branching ; leaflets obovate-oblong, toothed ; flowers yellow ; vexillum striped with brown, as long as the keel and wings ; legume obovate, rugose. — Cultivated ground. Introduced. © and (f) — Stems l°-3° high. Legumes drooping, 2-seeded. 2. M. .alba, Lam. Stem erect, branching ; leaflets oblong, truncate, ser- rate; racemes elongated ; flowers white ; vexillum longer than the wings and keel ; legumes ovate, rugose, 1-seeded. (M. leucantha, Koch.) — Cultivated grounds. Introduced. (2) — Legumes drooping. 5. TRIPOLIUM, L. CLOVER. Calyx 5-cleft ; the teeth subulate or setaceous. Corolla withering or persist- ent ; the keel shorter than the wings, and united with them by their claws. Sta- mens diadelphous (9 & 1). Legume smooth, membranaceous, 1-6-seeded, often shorter than the calyx, scarcely dehiscent. — Tufted or diffuse herbs. Leaves trifoliolate, the leaflets mostly toothed. Stipules adnate to the petioles. Flow- *ers (in our species) capitate. LEGUMINOS.^. (PULSE FAMILY.) 91 * Fruiting calyx erect. 1. T. pratense, L. (RED CLOVER.) Hairy; stems erect; leaflets ob- long-ovate or oval, often emarginate, slightly serrulate ; heads large, ovate ; calyx -teeth setaceous, hairy; flowers purple. — Around dwellings. Introduced, but scarcely naturalized, at least in the low country. — Stems 1°- 2° high. Leaves usually marked with a pale 3-angled spot above. 2. T. arvense, L. (RABBIT-FOOT CLOVER.) Softly pubescent ; stems erect ; leaflets linear-oblong, minutely 3-toothed ; heads oblong ; calyx-teeth se- taceous, plumose ; corolla white, with a purple spot on the wings. — Old fields, chiefly in the upper districts. Introduced. ® — Stems 8' - 12' high. * * Fruiting calyx reftexed. 3. T. reflexum, L. (BUFFALO CLOVER.) Pubescent ; stems ascending ; leaflets roundish or obcordate, toothed, the uppermost oblong ; heads globose ; calyx-tube very short, the subulate teeth long and hairy ; vexillum broadly ovate, purple; the wings and keel white; legume 3-5-seedcch — "Waste places and pastures, Florida to North Carolina, and northward. April and May. (f) and (f) — Stems 6' - 12' long. Heads large. 4. T. repens, L. (WHITE CLOVER.) Smooth; stems creeping; leaf- lets roundish or obcordate ; heads globose, long-peduncled ; calyx- teeth short ; flowers white ; legume 4-seeded. — Pastures and around dwellings. Introduced. May. 1J. — Stems G'-12' long. 5. T. procumbens, L. Pubescent; stems slender, erect or procumbent; leaflets small, thin, obovate or obcordate, toothed, the middle one stalked ; heads small, ovate; flowers yellow; legume 1-seeded. — Waste places ; more common in the upper districts. Introduced. © — Stems 6'- 12' long. 6. T. Carolinianum, Michx. Pubescent ; stems tufted, prostrate ; leaf- lets small, obcordate, slightly toothed ; heads roundish, long-peduncled ; flowers white, tinged with purple ; vexillum acute; legume 4-seedcd. — Fields and pas- tures, Florida to North Carolina, and westward. March and April. 1J. — Stems 6'- 10' long ; in shady places erect. 6. HOSACKIA, Dougl. Calyx 5-cleft. Vexillum as long as the keel and spreading wings. Stamens diadelphous (9 & 1). Legume cylindrical or compressed, smooth, wingless, many-seeded. — Herbs. Leaves trifoliolate or pinnate. Stipules mostly minute and gland-like. Peduncles 1 - several-flowered. 1. H. Purshiana, Benth. Hairy; stem much branched ; leaves trifolio- late, with oblong leaflets ; peduncle 1-flowered, longer than the leaves ; keel acute ; bracts simple ; legume linear, nearly terete. — North Carolina. — Stem 12' - 1 5' high. Flowers rose-color. 7. PSOBALEA, L. Calyx campanulate, 5-cleft, with the lobes acute. Stamens diadelphous or partly monadelphous : half of the anthers often imperfect. Legume often 92 LEGUMINOS^E. (PULSE FAMILY.) wrinkled, 1-seeded, indchiscent, included in the calyx. — Perennial usually glandular herbs. Stipules cohering with the petioles. Flowers axillary or ter- minal, purplish or white, racemose or spiked. * Leaves 1 - 3-folioIate. 1 . P. virgata, Nutt. Smoothish ; stem virgate, sparingly branched ; leaves very remote, 1- (or the lowest 2-3-) foliolate ; leaflets linear or oblong-linear, obtuse, the lower ones broader and long-petioled ; stipules setaceous ; peduncles much shorter than the leaves ; spikes dense, cylindrical ; bracts ovate, acumi- nate, and, like the calyx, glandular and hairy ; corolla violet. — Near St. Mary's, Georgia, and the adjacent parts of Florida. July. — Stem 2° high. Leaflets 2' -5' long. 2. P. melilotoides, Michx. Glandular and sparingly pubescent ; leaves trifoliolate ; leaflets oblong-lanceolate or elliptical ; stipules subulate; spikes ob- long, on peduncles 2-3 times as long as the leaves; bracts ovate, acuminate, veiny; corolla violet ; legume rugose. — Var. 1. (P. eglandulosa, Ell.) Gland- less or nearly so ; bracts ovate-lanceolate, and, like the calyx, villous. — Dry soil, Florida to Tennessee, and westward. May and June. — Stem l°-2° high. Leaflets 1'- 2' long. 3. P. Onobrychls, Nutt. Pubescent ; leaves trifoliolate ; leaflets ovate, acuminate ; racemes elongated, somewhat secund ; calyx glandular, the teeth small, obtuse, equal ; legume ovate, muricate, wrinkled transversely. — Near Spartanburg, South Carolina. June and July. — Stem 3° - 5° high. Leaves very large. 4. P. canescens, Michx. Hoary-pubescent ; lower leaves trifoliolate, the upper simple, short-petioled ; leaflets obovate, glandular ; racemes longer than the leaves, few-flowered ; calyx inflated ; flowers blue, turning greenish ; legume even. — Dry pine barrens, Florida to North Carolina. April and May. — Stem bushy, 2° high. Resembles a Baptisia, * * Leares palmately 5 -7 -foliolate. 5. P. Lupinellus, Michx. Smooth ; stem slender, declining, sparingly branched ; leaflets filiform ; racemes longer than the leaves, loose-flowered ; flowers violet ; legumes rugose. (P. Floridana, Shuttl.) — Dry pine barrens, Flor- ida to North Carolina. May and June. — Stem 2° long. Leaflets 2' -3' long. 6. P. subacaulis, Torr. & Gray. Nearly stemless ; peduncles, petioles, and calyx white with spreading hairs ; leaves 7-foliolate, long-petioled ; leaflets obovate-oblong, smoothish above, fringed on the margins and midrib beneath ; peduncles longer than the leaves, rigid ; spikes dense, ovate or oblong ; bracts ovate, acuminate ; calyx-teeth obtuse. — Rocky hills, near Nashville, Tennessee. April and May. — Leaflets 1' long. Peduncles 4' - 6' long. Flowers numerous, purple. * * i* Leaves pinnate. 7. P. multijuga, Ell. Stem branching ; leaflets numerous (9-10 pairs), oblong-lanceolate, obtuse, pubescent ; spikes oblong ; bracts small, membrana- ceous, without glands. — Abbeville District, South Carolina. — Stem 1 ° - 2° high. Leaflets small. Bracts half as long as the calyx. Flowers violet. LEGUMINOS^E. (PULSE FAMILY.) 93 8. PETALOSTEMON, Michx. Calyx nearly equally 5-toothed or 5-cleft. Petals almost regular, on filiform claws, four of them united with the tube of stamens, the fifth free, cordate or oblong, folded. Stamens 5, united into a cleft tube. Ovary 2-ovuled. Legume indehiscent, 1 -seeded, included in the calyx. — Perennial glandular herbs, with unequally pinnate leaves, and white or purple flowers in terminal spikes or heads. * Spikes solitary. 1. P. gracile, Nutt. Stems decumbent, virgate; leaflets 5-7, oblong- linear, obtuse ; spikes oval, becoming cylindrical in fruit, peduncled ; vexillum broadly cordate — Low pine barrens, Florida and westward. August. — Stems 2° long. Leaflets £' long. Flowers white. 2. P. carneum, Michx. Stems erect, much branched, very leafy j leaf- lets 5-7, linear, acute ; spikes oblong, long- peduncled ; vexillum oblong. — Dry sandy soil. Florida and Georgia, westward. — Stems 2° - 3° high. Flowers white or reddish. * * Spikes corymbose. « 3. P. corymbosum, Michx. Stems clustered, erect, very leafy ; leaflets 3-7, filiform; teeth of the calyx setaceous, plumose ; vexillum oblong. — Va- ries with more numerous (11-15) oblong leaflets which are commonly emargi- nate at the apex. — Dry pine barrens, Florida to North Carolina, and westward ; the variety in the low country of South Carolina, Curtis. Sept. and Oct. — Stems 2° high. Flowers white. 9. DALEA, L. Calyx 5-cleft. Corolla imperfectly papilionaceous ; petals clawed ; four of them united with the tube of stamens below the middle, the fifth (vexillum) free, cordate, and inserted into the bottom of the calyx. Stamens 10, united into a cleft tube. Legume 1-seeded, membranaceous, indehiscent, included in the calyx. — Mostly glandular herbs, with spiked or capitate flowers. 1. D. alopecuroides, Willd. Stem erect, smooth ; leaves pinnate, with numerous linear-oblong leaflets ; spikes dense, cylindrical, silky-villous ; corolla small, pale violet, the vexillum white. — Rich soil, Alabama, northward and westward. July. — - Stem 1° - 2° high. 10. AMORPHA, L. Calyx obconical, 5-toothed, persistent. Vexillum straight, concave. Wings and keel none. Stamens monadelphous at the base, exserted. Legume 1-2- seeded, oblong, curved, glandular-roughened, indehiscent or nearly so. — Shrubs, with unequally pinnate leaves, and numerous leaflets which are punctate with pellucid dots. Flowers blue or white, in slender racemes or spikes. 1. A. fruticosa, L. Pubescent; leaves petioled ; leaflets 15-21, oblong, obtuse or emarginate, sparingly dotted ; flowers racemed, blue ; calyx-teeth very short, nearly equal, pubescent ; legume 1 - 2-seeded. — Banks of rivers, Florida 94 LEGUMINOS^E. (PULSE FAMILY.) to Mississippi, and northward. May and June. — Shrub 6° -15° high. Leaf- lets !'-!£' long. Racemes mostly panicled. 2. A. herbacea, Walt. Pubescent or glabrous ; leaves short-petioled ; leaflets 15-35, rigid, oval or oblong, conspicuously dotted; racemes spicate, sin- gle or panicled ; calyx-teeth villous ; the two upper ones short and obtuse, the lower more or less elongated and acute ; legume 1 -seeded. (A. pumila, Michx. A. pubescens, Willd. A. Caroliniana, Crooin.) — Low pine barrens, Florida to North Carolina, and westward. June and July. — Shrub 2° - 4° high, with pur- ple branches. Leaflets smaller and more crowded than in No. 1. Flowers blue or white. 3. A. canescens, Nutt. Hoary-tomentose ; leaves sessile; leaflets nu- merous, small, elliptical, crowded ; spikes short, panicled, dense-flowered ; calyx- teeth acute, nearly equal; legume 1 -seeded. — Near Augusta, Georgia, and westward. July and August. — Shrub 1° - 2° high. Flowers bright blue. 11. ROBINIA, L. LOCUST. Calyx short, 5-toothed or 5-cleft, the two upper teeth shorter and more or less united. Vexillum large, roundish ; keel obtuse. Stamens diadelphous (9 & 1). Style bearded on the side facing the vexillum. Legume compressed, many- seeded, the seed-bearing suture margined. Seeds flat. — Trees or shrubs, often with stipular spines, unequally pinnate leaves, and showy white or rose-colored flowers in axillary racemes. 1. R. Pseudacacia, L. (LOCUST. FALSE ACACIA.) Smoothish ; spines small on the older branches, straight; leaflets 9-17, oblong-ovate, or elliptical ; racemes pendulous, oblong, many-flowered ; flowers white ; legume 4-6-seeded. — Rich soil, in the upper districts. April and May. — A tree 30°- 60° high, with hard and durable wood. Racemes 3' -5' long. Calyx spotted. Legume smooth. Flowers fragrant. 2. R. viSGOSa, Vent. Branches, petioles, peduncles, and legumes glandular- viscid ; spines very small ; leaflets 1 1 - 25, ovate and oblong, obtuse or slightly cordate at the base, paler and pubescent beneath, tipped with a short bristle ; flowers crowded in roundish erect racemes, rose-color ; legume 3 - 5-seeded. — Banks of streams, on the mountains of Georgia and Carolina. May and June. — A tree 20° - 40° high. Flowers inodorous. 3. R. hispida, L. Branches, &c. more or less bristly ; stipules very slen- der and bristle-like, deciduous ; leaflets 11-18, smooth, ovate or oblong-ovate, rounded or slightly cordate at the base, tipped with a long bristle ; flowers large, in a loose and mostly pendulous raceme, bright rose-color. — Mountains of Geor- gia and North Carolina, botli the ordinary form and the var. ROSEA, Pursh, with pubescent branches and few-flowered racemes. May. — Shrub 3° - 8° high. Var. Elliottii. Branches, &c. pubescent ; stipular spines very stout, spread- ing or recurved. (R. hispida, var. rosea, Ell)— Pine barrens in the central parts of Georgia and southward. — Shrub 3° -5° high, with thick and rigid branches. A still smaller form, scarcely a foot high (var. nana, Ell), is found at Columbia, South Carolina. LEGUMINOS^E. ( PULSE FAMILY.) 95 12. WISTARIA, Nutt. Calyx campanulate, somewhat 2-lippcd ; the upper lip broad, 2-cleft, the lower 3-cleft. Vcxillum large, with 2 parallel ridges at the base. Stamens diadclphous (9 & 1). Legume coriaceous, nearly terete, contracted between the seeds, at length 2-valved. — Twining shrubs, with unequally pinnate leaves, and showy purple flowers, in a crowded raceme. 1. W. frutescens, DC. Young leaves and branches silky-pubescent; leaflets 9-13, ovate-lanceolate or oblong; stipels none; racemes on short branches, dense-flowered. (Thyrsanthus frutescens, Ell.) — Margins of swamps, Florida to North Carolina, and west to Mississippi. April and May. — Leaflets 1' long. Racemes 4' -6' long, 2' -3' in diameter. Legume 1 - several-seeded. Bracts large, caducous. 13. TEPHROSIA, Pers. Calyx nearly equally 5-cleft or 5-toothed. Vexillum large, roundish, spread- ing or reflexcd, usually white within, and reddish or purple and silky without ; keel obtuse, cohering with the wings. Stamens monadelphous or diadclphous. Style smooth or laterally bearded. Legume compressed, linear, many-seeded. — Perennial herbs, with unequally pinnate leaves, with the leaflets opposite mucro- nate apd straight-veined, and white or purplish flowers. * Flowers single or by pairs in the axils of the leaves; the uppermost often crowded in a dense raceme. 1. T. Virginiana, Pers. (GOAT'S RUE.) Soft-hairy and somewhat hoary ; stems very leafy, clustered, erect, simple ; leaflets 1 1 - 25, oblong or linear-oblong, acute or obtuse, smoothish above ; flowers yellowish-white tinged Avith purple. — Dry pine ban-ens, Florida to Mississippi, and northward. June and July. — Stems 1° - 2° high, from long and slender roots. Flowers showy. * * Flowers in long-peduncled racemes opposite the leaves : vexillum pubescent externally. 2. T. spicata, Torr. & Gray. Hirsute or villous with rusty hairs ; stems simple or diffusely branched ; leaves scattered, short-petioled ; leaflets 9 - 15, oval or cuneate-oblong, rounded and strongly mucronate at the apex, smooth- ish above; racemes 2-3 times as long as the leaves, 6-10-flowered ; lobes of the calyx linear-subulate ; flowers large, white and purple. (T. paucifolia, Nutt. Galega villosa, Michx.) Varies with linear, acute, and rcflexed leaflets, the odd one elongated. — Dry soil, Florida to North Carolina, and westward. June and July. — Stems 1° -2° long. 3. T. hispidula, Pursh. Hoary-pubescent or smoothish ; stems slender, terete, erect or procumbent ; petiole shorter than the lowest leaflets ; leaflets 11- 15, small (4" -6" long), oblong, acute or obtuse, often smooth above ; peduncles slender, terete, commonly longer than the leaves, 2 - 4-flowered ; flowers small, purple. — Dry sandy soil, Florida to North Carolina, and westward. June and July. — Stems 6' -18' long. 4. T. chrysophylla, Pursh. Prostrate, rusty pubescent ; stems diffusely branched; leaves sessile or nearly so, short (l'-l|' long) ; leaflets (yellowish) 96 LEGUMINOSJ2. (PULSE FAMILY.) 5-7, cuneate-obovatc, obtuse or emarginatc, smooth above ; peduncles longer than the leaves, terete, 2- 3-flowered ; calyx-teeth short, acute. — Varies with smaller (£'- 1' long) leaves and flowers, the latter mostly solitary on the short peduncles. — Dry pine barrens, Florida, Georgia, and westward. — Stems 6'- 18' long. 5. T. ambigua, M. A. Curtis. Hoary-pubescent, or nearly smooth ; stems decumbent, angled ; leaves scattered, long-petioled (5' -6' long) ; leaflets 7-15, distant, wedge-oblong, truncate or emarginate at the apex, paler and often smooth above, purplish and strongly veined beneath ; peduncles flattened, equal- ling or exceeding the leaves, few-flowered ; calyx-teeth short, acute ; flowers white and purple. — Dry sandy soil, Florida to North Carolina. June and July. 6. T. angUStissima, Shuttl. Smooth or nearly so throughout; stems slen- der, prostrate, diffusely branched ; leaves short-petioled ; leaflets 10-15, linear, acute, mostly opposite ; racemes very slender, longer than the leaves, bearing 2-4 small scattered flowers ; calyx slightly pubescent, with triangular-ovate acute teeth. — South Florida, Rugel— Stem 1° long. Leaflets 8" -12" long, 1" wide, spreading. Corolla about 3" long. 14. INDIGOPERA, L. INDIGO. Calyx 5-cleft. Vexillum roundish. Keel with a subulate spur on each side, often elastically reflexed. Stamens diadelphous (9 & 1). Legume 1 -many- seeded. Seeds usually truncated at each end, often separated by membrana- ceous partitions. — Herbs with unequally pinnate leaves, and white, brownish, or purplish axillary flowers. Legumes drooping. * Racemes longer than the leaves, — Indigenous species. 1. I. Caroliniana, "Walt. Smoothish; stem erect, tall, branching ; leaf- lets 10-15, obovate or oblong; racemes many-flowered; calyx-teeth short, acute; flowers yellowish-brown; legume oblong, veiny, 2-seeded. — Dry pine barrens, Florida to North Carolina. July and August. 1J. — Stem 3° -5° high. Flowers small. Legume 4" -5" long. 2. I. leptosepala, Nutt. Rough hairy; stem decumbent; leaflets 7-9, obovate-oblong or cuneate ; racemes 6-15-flowered ; calyx-teeth slender-subu- late ; flowers pale-scarlet ; legume linear, even, 6 - 9-seeded. — Georgia, Nuttall, South Florida, Blodyett, and westward. — Stem 2° -3° long. Legume 1|' long, straight. * * Racemes shorter than the leaves. — Introduced species. 3. I. tinctoria, L. Stem erect; leaflets 9-11, oval, pubescent beneath; legume terete, torulose, curved. — Waste places. August. 4. I. Anil, L. Stem erect; leaflets 7 -15, oval; legume compressed, even, thickened at each suture. — Waste places. These two species were formerly cultivated in some of the States, and em- ployed in the manufacture of indigo. LEGUMINOSJE. (rULSE FAMILY.) 97 15. GLOTTIDIUM, Dcsv. Calyx campanulate, obliquely truncate, 5-toothed. Vcxillum short, reniform. Stamens diadelphous (9 & 1). Style short, incurved at the apex. Stigma acute. Legume oblong, stipitate, compressed ; the membranaccous endocarp at length separating from the coriaceous epicarp, and enclosing the two oblong seeds. — A tall smooth-branching annual, with abruptly pinnate leaves, and yel- low flowers in axillary often compound racemes. 1. G. Floridanum, DC. (Sesbania vesicaria, Spreng.} — Damp soil, Florida to South Carolina, and westward. August. — Stem 2° - 8° high. Leaf- lets numerous, oblong-linear. Legume 1' - 2' long. Plant yellowish-green. 16. SESBANIA, Pers. Calyx 2-bracted, campanulate, equally 5-toothed. Vexillum roundish. Keel obtu«c. Stamens diadelphous (9 & 1) ; the tube toothed at the base. Legume slender, elongated, knotted. — Herbs or shrubs. Leaves abruptly pinnate. Leaf- lets numerous. Flowers yellow or reddish, in axillary racemes. 1. S. macrocarpa, Muhl. Annual, smooth ; leaflets oblong-linear, ob- tuse, mucronate ; racemes shorter than the leaves, 1 -4-flowered ; legume curved, compressed, 4-sided, many-seeded. — Swamps, Florida to South Carolina, and westward. August and September. — Stem 5° -12° high. Legume 8' -12' long, pendulous. Flowers yellow and red, dotted with purple. 17. ASTRAGALUS, L. MILK-VETCH. Calyx 5-toothed ; the 2 upper teeth separated. Vexillum as long as the wings and obtuse keel. Stamens 10, diadelphous. Legume commonly turgid, few - many-seeded, usually partly or completely 2-cellcd by the introversion of one or both of the sutures. — Herbs with unequally pinnate leaves, and Axillary spiked or racemose flowers. * Legume partly or completely ^-celled by the introversion of the dorsal suture, 1. A. Canadensis, L. Tall, pubescent ; leaflets 21-31, oblong, obtuse; stipules ovate, clasping ; peduncles as long as the leaves, closely many- flowered ; calyx-teeth subulate; legume inflated, oval, terete, 2-celled. — r Mountains of Georgia and North Carolina, and northward. June -August, ty — Stem 2° -3° high. Leaflets 1' - 1^' long. Flowers |' long, pale yellow. 2. A. glaber, Michx. Stem tall, nearly smooth; leaflets 15-25, oblong- linear, pubescent beneath ; stipules minute, spreading ; spikes longer than the leaves, loosely many-flowered ; calyx-teeth broad and short ; legume curved, ob- long, flattened edgewise, 2-celled. — Dry pine barrens, Florida to North Caro- 'lina. April. 1J. — Stem 2° high. Leaflets 6" -8" long. Flowers white. 3. A. obcordatUS, Ell. Smoothish ; stems prostrate ; leaflets small, 17-25, obcordate; peduncles as long as the leaves, loosely 8-15-flowered; legumes crescent-shaped, compressed, veiny, partly 2-celled. — Dry sandy bar- rens, Florida, and the lower parts of Georgia. April- June. 1|. — Stems 6'-12' long. Leaflets 3" - 4" long. Flowers pale purple. 98 LEGUMINOS^:. (PULSE FAMILY.) 4. A. Tennesseensis, Gray. Villous with white hairs ; stems pros- trate or ascending ; leaflets about 20, oblong or linear-oblong, obtuse or emar- ginate, smooth above, more or less hairy beneath; stipules ovate-lanceolate, adnate to the petioles ; peduncles as long as the leaves ; racemes somewhat capi- tate, 10-15-flowered; calyx-teeth subulate, much shorter than the tube; legume oblong, curved, thick and fleshy, reticulate-rugose when dry, 2-celled, many- seeded, at length smoothish. — Hills near Nashville, Tennessee, Lesquereux, and Lagrange, Alabama, Prof. Hatch. March and April, ty — Stems 4' - 6' long. Flowers 8" - 9" long, apparently -purple. * *• Legume 1-celled; the ventral suture thickened and sometimes slightly injlexed. 5. A. villoSUS, Michx. Villous and hoary ; stems prostrate ; leaflets about 13, oval or oblong, commonly emarginate ; stipules lanceolate, peduncles as long as the leaves ; racemes ovate, dense-flowered ; calyx-teeth longer than the tube- legume oblong, curved, 3-angled, eAren, 1-celled. (Phaea villosa, jVutt.) — Dry pine barrens, Florida to South Carolina. April and May. 1|. — Stems 4' - 6' long. Flowers small, dull yellow. 18. VICIA, Toura. VETCH. TARE. Calyx tubular, 5-cleft, the two upper teeth usually shorter. Style filiform, hairy at the apex, or on the side facing the keel. Legume 2 - many-seeded, 2- valved. Seeds orbicular. Cotyledons thick. — Slender climbing herbs. Leaves pinnate ; the petiole terminating in a tendril. Stipules mostly semi-sagittate. Flowers axillary. * Peduncles shorter than the leaves, 1 - ^-flowered. 1. V. sativa, L. (VETCH or TARE.) Pubescent; stem simple; leaflets 10-12, varying from obovate-oblong to linear, emarginate; flowers by pairs, nearly sessile, ^ale purple ; legume linear, several-seeded. — Cultivated grounds. Introduced. © — Corolla £' long. Stem 1° -2° long. 2. V. micrantha, Nutt. Smooth ; leaflets 4-6, linear, obtuse or barely acute ; peduncles 1 - 2-flowered ; flowers minute, pale blue ; legume sabre-shaped, 4 - 10-seeded. — Banks of rivers and shaded places, West Florida to North Ala- bama, and westward. April. @ — Stems 2° - 3° long. Seeds black. * * Peduncles commonly longer than the leaves, 3 - many-flowered. 3. V. hirSUta, Koch. Hairy; leaflets 12-14, oblong-linear, truncate; peduncles 3 - 6-flowered, about as long as the leaves, calyx-teeth equal ; flowers small, bluish-white ; legume short, oblong, 2-seeded. (V. Mitchell!, Raf. Er- vum hirsutum, L.) — Cultivated ground. Introduced. April and May. 4. V. acutifolia, Ell. Smooth ; leaflets about 4, linear or rarely oblong, acute or truncate ; peduncles 4 - 8-flowered, usually longer than the leaves ; flowers pale blue, the keel tipped with purple ; legume linear, 4 - 8-seeded. — Damp soil near the coast, Florida and Georgia. March - May. 1|. — Stems angled, 2° - 4° long, branching. 5. V. Caroliniana, Walt. Smoothish; leaflets 8-12, linear or linear- oblong, obtuse or barely acute ; stipules small, subulate ; peduncles many-flow- LEGUMINOS^E. (PULSE FAMILY.) 99 ered ; calyx-teeth shorter than the tube ; flowers nearly white, the keel tipped with blue ; legume oblong, several-seeded. — Dry open woods, chiefly in the upper districts. April and May. 1J. — Stems 3° - 4° long, branching. Flowers 4" - 6" long. 19. LATHYRTJS, L. Style flattened, bearded on the side facing the vcxillum. Otherwise as in Vicia. 1. L. pusillus, Ell. Annual; leaflets 2, linear-lanceolate, acute ; stipules sagittate ; peduncles elongated, 1 - 2-flowered ; teeth of the calyx subulate-seta- ceous, nearly equal; legume long, 10-15-seeded. — Near Charleston, South Carolina, and westward. May. — A small and slender vine. Flowers purple. 2. L. venosus, Muhl. Perennial; stem stout; leaflets 10-14, oblong- ovate, obtuse; stipules lanceolate; peduncles 10-20-flowered ; flowers large, purple ; calyx-teeth very unequal. — Shady banks, Georgia to Mississippi, and northward. June and July. — Stem angled, 2° - 3° long. Leaflets 2' - 3' long. Flowers |' long. 3. L. myrtifolius, Muhl. Perennial; stem slender, 4-angled; leaflets 4-6, oblong, obtuse ; stipules large, ovate, entire ; peduncles 3 - 6-flowered ; flowers pale purple; calyx-teeth unequal. — Banks of rivers, North Carolina, and northward. July and August. — Stem 2° -4° long, often wing-angled. Leaflets 1^' long. 20. ^SCHYNOMENE, L. Calyx 2-lipped, 5-cleft or 5-toothed. Petals equal : vexillum roundish. Sta- mens diadelphous (5 & 5). Legume compressed, stipitate, separating trans- versely into 3 or more 1-seeded indehiscent joints. — Herbs or shrubs, with pin- nate leaves, and axillary yellow flowers. 1 . JE. hispida, Willd. Annual ; stem erect, muricate-hispid ; leaflets nu- merous, oblong-linear ; peduncles 3 - 5-flowered ; legume straight, linear, even along the upper suture, wavy on the lower, 6 -10-jointed, the joints nearly square, hispid. — Swamps, Florida to Mississippi, and northward. August. — Stem 2° -4° high. 2. JE. viscidula, Michx. Annual ; stem slender, prostrate, viscid-pubes- cent; leaves small; leaflets 7-9, obovate, reticulate-veined; peduncles 3-4- flowered, the pedicels long and spreading ; stipules and bracts ovate ; legume 2-3-jointed, the joints half-orbicular, hispid. — Sandy places along the coast, Florida and Georgia. August and Sept. — Stem l°-2° long. Leaves 1' long. Flowers small. 21. ZOBNIA, Gmel. Calyx 2-lipped, the upper lip emarginate, the lower 3-cleft. Corolla inserted into the base of the calyx. Stamens monadelphous, alternately shorter : anthers alternately oblong and globose. Legume compressed, with 2-5 roundish hispid joints. — Herbs. Leaves palmately 2 - 4-foliolate. Stipules sagittate. Flowers yellow, in axillary large-bracted racemes. 100 LEGUMINOS-<E. (PULSE FAMILY.) 1 . Z. tetr aphylla, Michx. Perennial, smooth or downy ; leaflets 4, lance- olate or oblong-obovate ; racemes 3 - 9-flowered, much longer than the leaves ; the flowers distant and almost concealed by the large ovate bracts ; legume his- pid, 3- 4-jointcd. — Dry sandy soil, Florida to North Carolina, and westward. June -August. — Stem 2° long, prostrate. 22. STYLOSANTHES, Swartz. Flowers of two kinds : one kind perfect, but sterile ; the other destitute of calyx, corolla, and stamens, and fertile. Calyx 2-bracted, 2-lipped, 5-cleft ; the tube long and slender. Corolla inserted on the throat of the calyx. Keel en- tire at the apex. Stamens monadelphous, with the alternate anthers linear and ovate. Style of the fertile flower hooked. Legume veiny, 1 - 2-jointed, the lower joint empty. — Low herbs. Leaves trifoliolate. Stipules united with the peti- oles. Flowers in a short and dense terminal spike. 1. S. elatior, Swartz. Perennial ; stem mostly erect, 6' -12' high, pu- bescent in lines, or sometimes hispid ; leaflets rigid, lanceolate, strongly veined ; stipules sheathing ; spike few-flowered ; bracts bristly; flowers yellow. (S. his- pida, Michx.} — Sandy pine barrens, Florida and northward. June - August. 23. CHAPMANNIA, Torr. & Gray. Flowers nearly as in Stylosanthes. Corolla inserted on the throat of the calyx. Keel 2-cleft at the apex. Anthers alike, oblong. Legume hispid, 1-3- jointed. — A viscid and hirsute branching herb, with unequally pinnate leaves, small and free stipules, and small yellow flowers in terminal racemes. 1. C. Floridana, Torr. & Gray. — East Florida. May. — Stem slender, 2° - 3° high. Leaflets 3-7, oblong. Racemes often branching, few-flowered. 24. LESPEDEZA, Michx. BUSH-CLOVER. Calyx 2-bracted, 5-cleft ; the teeth subulate. Corolla inserted on the base of the calyx. Stamens diadelphous (9 & 1). Anthers alike. Legume small, len- ticular, indehiscent, 1-secded. — Perennial herbs, with trifoliolate leaves, and small flowers in axillary racemes or spikes. * Flowers of two kinds, viz. perfect, but mostly sterile, borne in spikes or racemes, and fertile, but destitute of corolla and stamens ; the latter commonly in sessile clus- ters : corolla purple, longer than the calyx. 1. L. repens, Torr. & Gray. Stem slender, prostrate ; leaflets small, oval, mostly emarginate, the petiole very short, or as long as the lateral leaflets ; ra- cemes few-flowered, on filiform peduncles much longer than the leaves ; legume roundish. (L. procumbens, Michx.) — Dry sandy soil, Florida to Mississippi, and northward. August. — Plant l°-2° long, smooth or tomentose. 2. L. violacea, Pcrs. Stem erect or spreading ; leaflets varying from el- liptical to linear, pubescent with appressed hairs beneath ; fertile flowers in axillary clusters ; legume ovate* smooth, or with scattered appressed hairs, much longer than the calyx. LEGUMINOSvE. (PULSE FAMILY.) 101 Var. diver gens. (L. divergens, Pursh.) Stems diffuse ; leaflets oval or ob- long ; peduncles filiform, few-flowered, longer than the leaves, and bearing chiefly sterile flowers. Var. sessiliflora. (L. sessiliflora, Michx. L. violacea, Ell.} Stem erect ; leaflets oblong ; flowers mostly fertile, in dense and nearly sessile clusters which are much crowded near the summit of the branches. Var. reticulata. (L. reticulata, Pers .) Stem erect; leaves linear-oblong ; flowers clustered as in the preceding variety. Dry barren soil, Florida to Mississippi, and northward. August. — Stem 2° - 3° high. Leaflets pale beneath. Corolla twice as long as the calyx. 3. L. Stuvei, Nutt. Stem erect, branching, softly-pubescent ; leaflets oval or roundish, tomentose or silky on both surfaces, or only beneath, longer than the petiole ; racemes axillary, mostly longer than the leaves ; flowers nearly all perfect and fertile ; legume longer than the calyx, ovate, villous. — Dry sterile soil, Mississippi to North Carolina, and northward. August. — Interme- diate between No. 2 and No. 4. * * Flowers all perfect and fertile : corolla as long as the calyx, yellowish-white, the vexillum spotted with purple : legume included in the calyx. 4. L. hirta, Ell. Stem erect, pubescent or villous ; leaflets oval or round- ish, longer than the petiole, pubescent beneath or on both sides ; spikes dense, on peduncles longer than the leaves ; calyx-teeth linear-lanceolate, as long as the ovate pubescent legume. — Dry barren soil, Florida to Mississippi, and north- ward. August. — Stem 2° - 4° high. 5. L. capitata, Michx. Stem mostly simple, softly pubescent, erect ; leaves short-petioled ; leaflets varying from oblong to linear, silky on both sides, or only beneath ; calyx hairy, longer than the oval villous legume. (L. frutes- ccns and L. angustifolia, Ell.) —Dry or damp sterile soil, Florida to Mississippi, and northward. August. — Stem 2° - 4° high. 25. DESMODIUM, DC. (HEDTSARUM, L, Ell.) Flowers all similar and perfect. Calyx bilabiate ; the upper lip emarginate or entire, the lower 3-cleft. Corolla inserted on the base of the calyx. Stamens diadelphous (9 &1), or more or less monadelphous. Legume flattened, 2-6- jointed. — Chiefly perennial branching herbs. Leaves trifoliolate, petioled, stip- ulate ; the leaflets petiolulate and stipellate. Flowers small, purple or whitish, in terminal racemes or panicles. Legumes hispid with hooked hairs. § 1. Stamens monadelphous below : legumes conspicuously stipitate, 2-4-jointed, the joints half-obovate, concave on the back. 1. D. pauciflorum, Nutt. Stem low, ascending, mostly simple, leafy; leaves scattered, long-petioled ; leaflets thin, acute, ciliate, pale beneath, the lat- eral ones ovate, the terminal one rhombic-ovate ; stipules minute ; racemes ter- minal, 4- 8-flowered, mostly shorter than the leaves. — Shady woods, Florida to Tennessee, and northward. August. — Stem 1° high. Leaflets l'-2' long. Corolla pale-purple or white. 9* 102 LEGUMINOS^. (PULSE FAMILY.) 2. D. acuminatum, DC. Stem pubescent, leafy at the summit ; leaves large, long-petioled ; leaflets smoothish, ovate or roundish, acuminate ; raceme or panicle terminal, long-peduncled, many-flowered. — Rich shady soil, Florida to Mississippi, and northward. July and August. — Plant 2° - 3° high. Leaf- lets thin, 2'- 4' long. 3. D. nudiflorum, DC. Stem smooth, short, leafy at the summit ; pan- icle ascending from the base of the stem, naked, or with one or two leaves near the base, much longer than the stem ; leaves long-petioled, smooth ; leaflets ovate, acute or obtuse, white beneath ; legume long-stipitate. — Rich woods, Florida to Mississippi, and northward. July and August. — Stem 6'- 12' high. Racemes simple or compound, on peduncles 2° - 3° high. § 2. Stamens diadelphous : legume sessile or short stipitate. * Stipules large, ovate (except No. 8), acuminate, persistent: legume 3-6-jointed, the joints convex on the upper suture, rounded on the lower one. 4. D. canescens, DC. Stem tall, rough-hairy, striate ; leaflets ovate, mostly acute, very rough, especially beneath ; panicle large, very hairy ; bracts large, ovate, acuminate ; joints of the legume 3-5, connected by a broad neck. (Hedysarum scaberrimum, Ell.) — Dry open woods, Florida to Mississippi, and northward. July and August. — Plant 3° - 5° high, much branched, pale green. Leaflets l|'-3' long. Flowers large. 5. D. molle, DC. ? Stem tall, much branched, softly pubescent ; leaflets rhombic or elliptical, obtuse and often emarginate, tomentose beneath, rough above ; racemes panicled, slender ; flowers 2-3 together, on slender pedicels ; legume nearly sessile, black; the small joints oval or rhombic, equally con- vex on both sutures. — Waste places, Middle Florida. Sept. — Stem 3° -5° high. Leaflets 3' -4' long. Legume 1' long, pendulous. Flowers small. 6. D. CUSpidatum, Torr. & Gray. Stem smooth, erect ; leaves smooth, ovate or lanceolate-ovate, acuminate ; panicle mostly simple, elongated ; flowers and bracts large ; legume 4 - 6-jointed, the joints rhombic-oblong, connected by a broad neck. (H. bracteosum, Michx.) — Dry open woods, Florida to Mississippi, and northward. July and August. — Stem 3° - 5° high. Leaflets 3' - 5' long. Legume l^'-2' long. 7. D. viridiflorum, Beck. Stem stout, tomentose, rough above; leaves large ; leaflets ovate or roundish, obtuse, very rough above, pale and velvety beneath ; stipules ovate, acuminate, rather small ; panicle large, leafless ; legume 3 - 4-jointed, on a stipe twice as long as the calyx, the joints half orbicular, con- nected by a narrow neck. — Rich open woods, Florida to Mississippi, and north- ward. August. — Stem 3° -4° high. Leaflets 2' -4' long. Corolla turning greenish. 8. D. Floridanum, n. sp. Stem short, rigid, very rough ; lower leaves 1- foliolate ; leaflets lanceolate-ovate, acute or obtuse, very rough above, pubescent and strongly reticulate beneath ; stipules lance-subulate ; panicle elongated, spar- ingly branched, leafless ; legume 2 - 4-jointed, the stipe shorter than the calyx ; joints obliquely obovate. — Dry sandy soil, Apalachicola, Florida. July and August.— Proper stem 1° high, the panicle 2° -3°. Leaflets 2' -3' long, the stipules and stipels rigid. Bracts and flowers small. LEGUMINOS^E. (PULSE FAMILY.) 103 9. D. rotundifolium, DC. Stem long, trailing, hairy ; leaflets orbicu- lar, pubescent ; stipules ovate, large, reflexed ; racemes simple, the terminal ones panicled ; lobes of tlie calyx longer than the tube ; legume 2 - 4-jointed, very adhesive, the large joints half-rhombic. — Dry open woods, Florida to Mis- sissippi, and northward. August. — Stem 3° - 5° long. Flowers showy, occa- sionally yellowish-white. # * Stipules subulate, deciduous : legume 3 - 5-jointed, nearly straight on the upper suture, the joints triangular, rarely rounded on the lower suture. 10. D. Canadense, DC. Stem erect, hairy; leaves short-petioled ; leaf- lets oblong-lanceolate, more or less hairy ; panicle leafy ; flowers and bracts large ; legume with 3-4 rather large obtusely 3-angled joints. — Dry woods, North Carolina, and northward. August. — Stem 2° - 3° high, furrowed. Up- per leaves subsessile. 11. D. Dillenii, Darl. Stem erect, furrowed, hairy; leaflets oblong or ovate-oblong, obtuse, smoothish above, paler and pubescent beneath ; panicle large, leafless, rough; joints of the legume 3-4, triangular. (H. Marilandi- cum, Ell.) — Open woods, Florida and northward. August. — Stem 2° -3° high. Leaflets 1'- 2' long. Bracts and flowers small. 12. D. glabellum, DC. Stem erect, nearly glabrous; leaflets small, ovate, obtuse, scabrous-pubescent on both sides ; joints of the legume about 4, triangular, minutely hispid. — In shady places, North and South Carolina. — Resembles D. Marilandicum in foliage and D. paniculatum in fruit. 13. D. laevigatum, DC. Stem smooth, terete ; leaflets thick, ovate, ob- tuse, smooth, or slightly pubescent and paler beneath ; panicle leafless, rough ; joints of the legume 3-4, triangular. (H. rhombifolium, Ell.) — Dry rich soil, Florida to Mississippi, and northward. August. — Stem 2° - 4° high. Leaflets l'-2' long, the lateral ones occasionally wanting. 14. D. paniculatum, DC. Stem slender, mostly smooth, with long and virgate branches ; leaflets varying from oblong to linear-lanceolate, obtuse, smooth or slightly pubescent ; legume 3 - 5-jointed, the joints triangular. — Shady woods, Florida to Mississippi, and northward. August. — Stem 2° - 4° high. Leaflets rather rigid. * * * Stipules subulate, deciduous: legume 2-3-jointed; the joints small, oval, or obliquely-obovate : flowers small. 15. D. tenuifolium, Torr. & Gray. Stem slender, erect, rough-pubes- cent above ; leaflets linear, reticulated, obtuse, smooth above, keeled, much longer than the short petiole ; panicle leafless, very rough ; flowers small ; legume ses- sile, mostly 2-jointed. — Dry pine barrens, Florida to North Carolina. July and August. — Stem 2° - 3° high. Leaflets 2' - 3' long. 16. D. strietum, DC. Stem erect, mostly simple, straight and slender, smooth or roughish ; leaves on slender petioles ; leaflets narrowly linear, rather obtuse, coriaceous, reticulated, nearly smooth ; panicle virgate, few-flowered ; the pedicels very slender ; legume stipitate, 1 -3-jointed. — Pine barrens, Florida to Mississippi, and northward. July - Sept. — Stem 2° - 4° high. Leaflets 1 £' - 3' long. 104 LEGUMINOS^E. (PULSE FAMILY.) 17. D. Marilandicum, Boott. Stem erect, smooth, mostly simple; leaflets small, ovate or roundish, obtuse, smooth, pale beneath, commonly short- er than the petiole; panicle rough; legume mostly 2-jointed. — (H. obtusum, Ell.) — Diy open woods, Florida and northward. August. — Stem 2° - 3° high. Leaflets rarely more than 1' long, sometimes oblong. 18. D. ciliare, DC. Very much like No. 17, but the stem and leaves rough-hairy, and the (sometimes acute) leaflets longer than the short petiole. — With the preceding. 19. D. rigidum, DC. Stem erect, branched, rough-pubescent ; leaflets (pale) oval or oblong, obtuse, rough above, hairy beneath, strongly reticulated on both sides; panicle ample, leafy below; legume mostly 3-jointed. — Dry woods, Florida to North Carolina, and northward. August. — Stems 2° - 3° high. Leaflets l'-3' long. Joints of the legume largest of this section. 20. D. lineatum, DC. Stem prostrate, slender, smooth ; leaflets oval or roundish, smooth ; racemes elongated, axillary and terminal, simple or panicu- late, rough ; legume 2 -3-jointed. — Open grassy pine barrens, Florida to North Carolina, and westward. August. — Stem 1°- 2° long. Leaflets seldom more than 1' long. Racemes 1°- 2° long. 26. BHYNCHOSIA, DC. Calyx 2-lipped, with the upper lip 2-cleft and the lower 3-parted, or nearly equally 4-parted. Stamens diadelphous (9 & 1). Style smooth, subulate. Leg- ume oblong or scymitar-shaped, mostly 1 -2-seeded. Seeds carunculate. — Erect or twining herbs or shrubs, with 1 or 3-foliolate, mostly softly-pubeseent and resi- nous-dotted leaves, and axillary yellow flowers. * Stems twining, or low and erect : flowers in axillary racemes. i- Calyx somewhat 2-lipped, deleft ; the teeth subulate, shorter than the corolla, the lowest one longest : stems twining. 1. R. minima, DC. Tomentose ; leaflets small, roundish or broadly rhombic, barely acute, dotted beneath ; stipules subulate ; racemes filiform, much longer than the leaves, loosely 6 - 12-flowered ; flowers minute, reflexed ; legume scymitar-shaped. (Glycine reflexa, Ell}— Damp soil along the coast, Key West to South Carolina, and westward. July. — Leaflets |' - 1 ' long. 2. R. parvifolia, DC. Velvety throughout ; leaflets ovate, oblong, or obovate-oblong, obtuse, or the upper ones acute, hoary and strongly reticulate beneath, longer than the petiole ; stipules small, lanceolate ; racemes equalling or longer than the leaves, slender, loosely 3 - 5-flowered ; lowest tooth of the calyx nearly twice the length of the others ; legume oblong, obtuse, clothed with soft down and longer hairs intermixed, 2-3-seeded. — South Florida. — Stem 1° - 2° long. Leaflets 1' long. 3. B. Caribsea, DC. Velvety throughout ; stem prostrate or twining ; leaflets thin, ovate, acute or slightly acuminate ; stipules ovate ; racemes slender, shorter than the leaves, loosely 3 - 5-flowered ; teeth of the calyx short, nearly LEGUMINOS^E. (PULSE FAMILY.) 105 equal ; legume scymitar-shaped, acute. — South Florida. — Stem 2° - 3° long. Leaflets 1^'- 2' long. Racemes 1'- 2' long. Flowers small. Legume I'-li' long, tapering at the base. •«- •*- Calyx 4=-parted, nearly as long as the corolla, the lobes linear or lanceolate, nearly equal : stems twining or erect. 4. B. menispermoidea, DC. Stems several from one root, prostrate or twining, downy ; stipules ovate-lanceolate ; leaflets solitary, reniform, tomen- tose ; peduncles rarely as long as the petiole, with few crowded flowers at the summit ; calyx deeply parted, the lanceolate acute or acuminate lobes nearly equal ; legume oblong, acute, tomentose, 2-seeded. — Charlotte Harbor, South Florida, Blodgett. — Stems 2° - 3° long. Leaflets 1 ' - 2' in diameter. 5. B. tomentosa, Torr. & Gray. Leaflets 1 or 3, roundish or ovate ; ra- cemes dense-flowered ; legume oblong. Var. monophylla, Torr. & Gray. Pubescent ; stem low (3' -6'), erect ; leaflets mostly solitary, reniform or orbicular ; racemes very short, the upper- most clustered. (Glycine simplicifolia, Ell.) Var. erecta, Torr. £ Gray. Velvety; stem erect (1°-1|°); leaflets 3, oblong or roundish, sometimes acute ; racemes many-flowered, the terminal one often elongated. (G. erecta and G. mollissima, Ell.) Var. volubilis, Torr. & Gray. Hairy ; stem twining, angled ; lowest leaves simple, the upper ones trifoliolate ; leaflets 3, roundish or ovate, often angular on the margins ; racemes very short, few-flowered. (G. tomentosa, Ell.) Dry sandy soil, Florida to North Carolina, and west to Mississippi. June - August. * * Stem tall, erect, with long virgate branches : flowers solitary or by pairs, in the axils of the upper leaves : calyx deeply 4-cleft, shorter than the corolla. 6. B. galactoides. Stem bushy, purplish, closely pubescent; leaves very small, almost sessile ; leaflets 3, oval or obovate, rigid, reticulate, pubes- cent; flowers mostly longer than the leaves, yellow, the vexillum reddish exter- nally; legume oblong, 2-seeded. (Pitcheria galactoides, Nutt.) — Dry sand ridges, Florida and Alabama. June. — Stem 2° - 4° high. Leaflets 3" -9" long. Legume |' long. 27. APIOS, Boerh. Calyx somewhat 2-lipped ; the lateral teeth nearly obsolete, the lowest one longest. Vexillum very broad, reflexed ; the keel at length twisted. Stamens diadelphous (9 & 1). Legume nearly terete, many-seeded. — A smooth peren- nial twining herb, with unequally pinnate leaves, and brownish-purple flowers in dense axillary racemes. 1. A. tuberosa, Moench. — Swamps, Florida to Mississippi, and north- ward. July and August. — Boot bearing small edible tubers. Stem twining high. Leaflets 5-7, ovate or ovate-lanceolate. Racemes often by pairs, shorter than the leaves. Seeds black, separated by loose cellular tissue. 106 LEGUMINOS^:. (PULSE FAMILY.) 28. PHASEOLUS, L. KIDNEY-BEAN. Calyx 5-toothed, the two upper teeth more or less united. Keel of the corolla spirally coiled or twisted. Stamens diadelphous. Legume linear or falcate, few - many-seeded. — Twining or prostrate herbs, with trifoliolate stipellate leaves. Flowers commonly large, racemed, or clustered at the summit of the axillary peduncles. * Flowers scattered in long racemes : legumes scimitar-shaped. 1. P. perennis, Walt. Stem climbing, pubescent; leaflets ovate, acute, entire, membranaceous ; racemes often branching, twice as long as the leaves. — Low woods and margins of fields, Florida to Mississippi, and northward. July and August. 1|. — Leaflets 2' - 4f long. Flowers purple. 2. P. sinuatus, Nutt. Stem prostrate, smoothish ; leaflets small (!' long), roundish or 3-lobed, strongly reticulate, rather rigid ; racemes 6-8 times as long as the leaves, solitary, simple. — Dry sand ridges in the pine barrens. Florida. July and August. 1J. — Stem 8° - 12° long. Flowers pale purple. * # Flowers clustered at the summit of the peduncles : legume linear, nearly terete : seed scurfy. (STROPHOSTYLES, Ell.} 3. P. diversifolius, Pers. Annual ; stems prostrate or trailing, rough- hairy ; leaflets ovate, entire or 2 - 3-lobed ; peduncles twice as long as the leaves. — Sandy soil, Florida to Mississippi, and northward. June - September. — Stems 2° - 4° long. Corolla purple, withering greenish. 4. P. helvolus, L. Perennial, smooth or hairy ; stems prostrate, leaflets varying from ovate to oblong-linear, rarely 3-lobed ; peduncles 3-6 times as long as the leaves. — Woods and margins of fields, Florida to Mississippi, and northward. June - September. — Corolla pale purple. 29. VIGNA, SAVI. Calyx 4-toothed, the upper tooth broader, entire or 2-cleft. Vexillum depressed- orbicular, with thickened knobs near the base. Keel not twisted. Stamens in- cluded in the keel, diadelphous, and with the style bent upward. Style hairy above, appendaged below the stigma. Legume nearly terete, somewhat torulose, the seeds separated by cellular tissue. — Twining herbs, with trifoliolate leaves, and racemose axillary flowers. 1. V. glabra, SAVI. Annual, hirsute; leaflets ovate or ovate-lanceolate ; racemes on stout peduncles longer than the leaves ; flowers yellow, crowded ; legume hirsute. (Dolichos luteolus, Jacq.} — Brackish marshes, Florida to South -Carolina, and west to Mississippi. July - September. ^ 30. ERYTHRINA, L. Calyx tubular-campanulate, truncate, toothless. Vexillum narrow, straight, elongated. Keel and wings very small. Stamens and style partly exserted. Legume stipitate, torulose, partly dehiscent. — Trees, shrubs, or rarely herbs, often armed with prickles. Leaves trifoliolate, the terminal leaflet long-petiolu- late. Flowers showy, scarlet, in long racemes. LEGUMINOS-E. (PULSE FAMILY.) 107 1. E. herbacea, L. Stems herbaceous, several from a very thick root, prickly, the flowering ones mostly leafless ; leaves long-petioled ; leaflets ovate or somewhat hastate; vexillum lanceolate, folded ; seeds scarlet. — Light sandy soil, Florida to North Carolina, and west to Mississippi. April and May. — Stems 2° -4° high. Racemes 1°- 2° long. Flowers 2' long. Legume open- ing by one suture opposite the seeds. 31. CLITORIA, L Calyx tubular, 5-toothed. Vexillum very large, spurless on the back, obovate, emarginate. Keel shorter than the wings. Stamens monadelphous below. Style curved, hairy. Legume stipitate, linear-oblong, torulose, veinless. — Peren- nial herbs, with trifoliolate leaves, and very large purple flowers on axillary peduncles. Bracts opposite. 1. C. Mariana, L. Smooth; stem erect or twining ; leaflets ovate-oblong, pale beneath ; peduncles shorter than the leaves, 1 - 3-flowered ; legume 3-4- seeded. — Dry soil, Florida to Mississippi, and northward. July and August. — Stem l°-3° long. Flowers 2' long, pale purple. Bracts shorter than the calyx. Legume lj'-2' long. 32. CENTROSEMA, DC. Calyx short, 5-cleft, the 2 upper lobes more or less united. Vexillum very large, spurred on the back, orbicular, emarginate. Keel nearly as long as the wings. Stamens monadelphous below. Style smooth. Legume nearly sessile, linear, compressed, the sutures thickened, the valves lined with an intra-margi- nal vein. — Twining herbs, with trifoliolate leaves, and very large purple flowers on short axillary peduncles. Bracts opposite. 1. C. Virginiana, Benth. Rough with a short hooked pubescence ; stem very slender, much branched ; leaflets oblong or linear-oblong, strongly reticu- late ; peduncles single or by pairs, 1 - 4-flowered ; calyx-teeth subulate, barely exceeding the ovate bracts; vexillum adhesive ; legume slender, elongated, curved, many-seeded. (Clitoria Virginiana, Willd.) — Dry soil, Florida to Mississippi, and northward. June - September. — Flowers 1^' long. Legume 4' - 6' long. 33. AMPHICARP-EJA, Ell. Flowers of 2 kinds ; those on the upper racemes perfect, but mostly abortive, those near the base of the stem or on the prostrate branches apetalous, but fruitful. Calyx tubular, 4 - 5-toothed. Vexillum obovate and partly enclosing the wings and keel. Stamens diadelphous, or in the fertile flowers distinct or wanting. Fertile legume obovate, fleshy, 1 - 2-seeded. — Twining annual or perennial herbs, with trifoliolate leaves. Flowers white or purplish, in simple or compound axillary racemes. 1. A. monoica, Nutt. Hairy; stems much branched; leaflets rhombic- ovate ; sterile racemes single or by pairs, often compound, nodding ; bracts stri- 108 LEGUMINOS^. (PULSE FAMILY.) ate ; calyx-teeth short, triangular ; fertile legumes hairy. (A. monoica and A. sarmentosa. Ell.) — Rich soil, Florida to Mississippi, and northward. August and Sept. 34. GALACTIA, P. Browne. Calyx 4-toothed, the upper one broadest. Vexillum oblong or obovate, re- flexed in flower. Stamens diadelphous. Legume more or less compressed, 2-valved, few - many-seeded. — Prostrate or twining, rarely erect, perennial herbs, with chiefly trifoliolate leaves, and mostly small purplish or white flowers in ax- illary racemes. Bracts alternate and deciduous. Leaflets stipellate. # Leaves trifoliolate, with the leaflets stalked : stems twining or prostrate. 1. G. spiciformis, Torr. & Gray. Stem twining, minutely pubescent ; leaflets (!' long) thick and rigid, oblong-oval, obtuse or emarginate at both ends, smooth above, pubescent beneath ; racemes spike-like, mostly longer than the leaves, the nearly sessile, mostly solitary flowers scattered on the common pedun- cle nearly to its base ; corolla 2-3 times the length of the acuminate hairy calyx- lobes ; legume coriaceous, compressed, falcate, thickened at the sutures, sprinkled with short appressed hairs, 6 - 10-seeded. — Varies with a stouter more pubescent and almost villous stem, larger (!£' - 2'), thinner, and mostly acute leaflets, longer and stouter many-flowered racemes, and nearly straight legumes. (G. brevistyla, Schlect.) — South Florida. Aug. and Sept. 2. G. pilosa, Ell. Stem twining, pubescent or smoothish, much branched ; leaflets thin, varying from oval to linear-oblong, obtuse, rounded or emarginate at both ends, pubescent and paler beneath, often smooth above ; racemes slender, commonly longer than the leaves, sometimes 4-6 times as long ; flowers single or 2 -3 together, scattered on the common peduncle, distinctly pedicelled, acu- minate in the bud ; calyx sparse-hairy or smoothish, the acuminate lobes much shorter than the purple corolla ; legume nearly straight, somewhat compressed, covered with short appressed hairs, 10-seeded. (G. mollis, Nutt. G. Macreei, M. A. Curtis.) — Dry soil, Florida to Mississippi, and northward. July and August. — Stem often elongated. Leaflets £'-l'long. Eacemes occasionally 2-3 together. 3. G. mollis, Michx. Villous and somewhat hoary ; stems mostly pros- trate and simple ; leaflets oval or oblong, obtuse or emarginate at both ends, or the upper ones acute ; racemes single, about twice the length of the leaves, the short-pedicelled flowers approximate near the summit of the stout peduncle, acute in the bud ; calyx, like the straight 10-seeded compressed legume, very vil- lous and hoary. (G. pilosa, Nutt.) — Dry sandy pine barrens, Florida to North Carolina, and westward. July and August. — Stem 2° - 3° long. Leaflets 1 ' long. Corolla reddish purple, one third longer than the acute calyx-lobes. 4. G. Ploridana, Torr. & Gray. Hoary-pubescent; stems prostrate; leaflets oval or oblong, rarely acute, reticulate ; racemes simple or branched, often by pairs, many-flowered, rarely longer than the leaves ; flowers large, ap- proximate; legume flat, 10-seeded. — Var. microphylla: every way smaller, the leaflets (£'-!' long) acute or emarginate, the few flowers almost sessile in axil- LEGUMINOS^E. (PULSE FAMILY.) 109 lary clusters. — Dry sandy pine barrens, near the west coast of Florida. June- August. — Stem 2° - 4° long. Leaflets 1' - 2' long. Flowers largest of all. 5. G. glabella, Michx. Stem prostrate, minutely pubescent ; leaflets rather rigid, on short petioles, oblong, rarely acute, smooth and shining above, slightly hairy beneath ; racemes seldom as long as the leaves, 3 - 6-flowered ; style elongated ; legume slightly falcate, at length smoothish, 4 - 6-seeded. — Dry pine barrens, Florida to Mississippi, and northward. July and August — Stems 2° -3° long. Leaflets 1' long. Flowers large, reddish-purple. * * L/eaves trijbliolate, with nearly sessile leaflets : stems erect. 6. G. brachypoda, Torr. & Gray. Stems slender, branching, and, as well as the leaves and peduncles, smoothish ; leaves long petioled ; leaflets oblong, obtuse ; flowers few, somewhat clustered "at the summit of the slender peduncle; calyx woolly. — Dry sandy ridges in the pine barrens of Middle Florida. July and August. — Stems 1° - 1£° high. Leaflets shorter than the petiole. Flowers small, purple. 7. G. sessiliflora, Torr. & Gray. Stem short, smooth, simple; leaflets oblong or linear-oblong, obtuse, smooth on both sides ; flowers crowded in nearly sessile axillary clusters ; calyx hairy. — Dry pine barrens, Florida to North Carolina. June -August. — Stem 6' -12' high. Flowers white. Legume ob- long-linear, tomentose, 6 - 8-seeded. * * * Leaves pinnate : stems twining. 8. G. Elliottii, Nutt. Leaflets 7-9, elliptical-oblong, emarginate, nearly smooth and shining above, pubescent beneath ; racemes longer than the leaves, few-flowered near the summit of the peduncle ; corolla white tinged with red ; legume compressed, villous, falcate, 3 - 5-sceded. — Dry soil, Florida to South Carolina, near the coast. May and June. — Plant sometimes silky throughout. 35. CANA VALLA, DC. Calyx tubular, 2-lipped ; the upper lip larger, with 2 rounded lobes, the lower entire or 2-cleft. Vexillum large, orbicular, with 2 ridges within ; keel incurved. Stamens monadelphous. Legume oblong-linear, compressed ; the valves with a longitudinal ridge near the thickened upper suture. Seeds separated by inter- posed cellular tissue : hilum linear. — Prostrate or twining herbs, with trifoliolate leaves, and showy flowers in axillary racemes. 1. C. Obtusifolia, DC. Smoothish; stem long, prostrate ; leaflets thick, oval or orbicular, pointless ; racemes stout, longer than the leaves, 6 - 8-flowered ; flowers rose-color ; legume 6-seeded. (C. rosea and C. miniata, DC.) — Sandy shores of St. Vincent's Island, Florida, and southward. July -Sept. — Stem 10° - 15° long. Leaflets 3' long. Legume 4' - 5' long, 1' wide. Seeds brown. 36. DOLICHOS, L. Calyx campanulate, somewhat 2-lipped, the upper lip of two more or less united teeth, the lower 3-cleft. Vexillum callous near the base. Keel more or less falcate. Stamens diadelphous, the free stamen spurred at the base. Style 10 110 LEGUMINOS^E. (PULSE FAMILY.) bearded. Legume flattened. Seeds compressed, with a small and oval hilum. — Twining herbs, with trifoliolate leaves, and axillary racemose flowers. 1. D. milltiflorus, Torr. & Gray. Perennial, pubescent; leaflets thin, large, orbicular, abruptly acute ; racemes shorter than the leaves, many and densely flowered at the summit of the stout peduncle ; upper lip of the calyx entire ; keel nearly straight ; legume 4 - 5-seeded. — Banks of rivers, near Mil- ledgeville, Georgia, and westward. June and July. — Stem 5° -10° long. Leaflets 3' - 6' in diameter. Flowers purple. Legume 2' long, £' wide. 37. PISCIDIA, L. JAMAICA DOGWOOD. Calyx campanulate, 5-toothed. Keel obtuse. Vexillum rounded. Stamens diadelphous at the base, monadelphous above. Style filiform, smooth. Legume stipitate, linear, contracted between the seeds, furnished with four membranaceous longitudinal wings. Seeds compressed. — Tropical trees. Leaves unequally- pinnate. Flowers in terminal panicles. 1. P. Erythrina, L. Young branches, leaves, and panicle silky and hoary, at length smoothish ; leaflets 7-9, oblong or obovate, abruptly acute, straight-veined, distinctly petiolulate ; panicles axillary and terminal, many- flowered, shorter than the leaves ; upper teeth of the calyx partly united ; leg- ume 6-seeded. — South Florida. March and April. — A small tree. Leaves deciduous. Corolla white, lined with red veins. Legume 2' long, the broad wings wavy. 38. BAPTISIA, Vent. Calyx campanulate, 4-cleft ; the upper lobe broader and mostly emarginate. Vexillum roundish, with the sides reflexed ; wings and keel straight. Stamens 10, distinct, shorter than the wings, deciduous. Legume stipitate, oval or ob- long, inflated, few-seeded, pointed with the persistent style. — Erect widely- branching perennial herbs. Leaves simple or palmately trifoliolate, withering- persistent. Stipules deciduous or persistent, rarely wanting. Flowers showy in terminal racemes, rarely axillary and solitary. * Leaves simple, sessile, or perfoliate. 1. B. simplicifolia, Croom. Smooth ; leaves large, sessile, broadly ovate, obtuse ; stipules none ; racemes numerous, terminal, many-flowered, sessile or short-peduncled ; ovary villous and hoary ; legume small, ovate, coriaceous, smooth. — Dry pine barrens near Quincy, Middle Florida. July. — Stem much branched, 2° -3° high. Leaves 2' -4' long. Flowers rather small, yellow. Plant dries black. 2. B. perfoliata, Brown. Smooth ; leaves perfoliate, oval or orbicu- lar, glaucous ; stipules none ; flower axillary, solitary ; legume small, ovate, coriaceous. — Dry sandy soil, in the middle districts of Georgia and South Car- olina. May. — Stem 2° high. Leaves 2' - 3' long. Flowers small, yellow ; vexillum orbicular, emarginate, shorter than the wings and keel. Ovary and style smooth. LEGUMINOS^E. (PULSE FAMILY.) Ill 3. B. microphylla, Nutt. Leaves sessile, roundish, cuneate at the base, the upper ones somewhat clasping; stipules leafy, rounded, the upper ones united with the leaves ; flowers axillary, solitary, on short pedicels ; legume roundish. Nutt. — Alabama and West Florida. — Leaves less than an inch long. Flowers unknown. * * Leaves trifoliolate, petioled. t- Flowers yellow. 4. B. lanceolata, Ell. Pubescent when young, at length smoothish ; leaves on very short petioles, the upper ones nearly sessile ; leaflets varying from lanceolate to obovate, thick, obtuse, tapering at the base ; stipules and bracts small and caducous ; flowers large, solitary in the axils, and in short terminal racemes, short-pedicellcd ; ovary villous ; legume ovate or globose, coriaceous, slender-pointed. — Dry pine barrens, Florida to North Carolina, and westward. April and May. — Stem 2° high. Leaflets 1'- 2' long. Plant turns black in drying. 5. B. villosa, Ell. Pubescent ; leaves short-petioled ; leaflets oblong and obovate, tapering at the base, becoming smooth above ; lower stipules and lance- olate bracts persistent ; racemes many-flowered, declining ; ovary villous ; leg- ume smoothish, coriaceous, oblong, strongly beaked. — Dry sandy soil, North Carolina. May. — Stem stout, 2° high. Leaves and flowers larger than in No. 4, the latter on slender pedicels. Plant turns black in drying. 6. B. megacarpa, Chapm. Stem smooth, with slender widely spreading branches ; leaves on slender petioles ; leaflets thin, elliptical or obovate, minutely pubescent and glaucous beneath ; stipules and bracts caducous ; racemes numer- ous, terminal and opposite the leaves, few-flowered ; flowers large, pale yellow, on slender drooping pedicels ; ovary smooth ; legume large, thin, ovoid, slender- pointed. — Light rich soil, Gadsden County, Middle Florida, and along the Flint River, near Albany, Georgia. May.— Stem 2° -3° high. Leaflets U'-2' long. Legume 1'- 1|' long. Plant unchanged in drying. 7. B. tinctoria, R. Brown. Smooth; branches slender, elongated ; leaves small, on short petioles, the upper ones nearly sessile ; leaflets wedge-obovate ; stipules and bracts minute, caducous ; racemes numerous, short, few-flowered ; flowers small, on short and bractless pedicels ; ovary smooth ; legume small, roundish, slender-pointed. — Dry sandy soil, Georgia to Tennessee, and north- ward. May and June. — Stem 2° high. Leaflets £'-!' long. Plant usually becomes blackish in drying. 8. B. Stipulacea, Ravenel. Smooth ; branches spreading ; leaves small, short-petioled, 2 - 3-foliolate, the upper ones mostly simple and partly clasping ; leaflets round-obovate, cuneate at the base ; stipules and bracts large, round- cordate, persistent ; flowers numerous, small, axillary, the upper ones racemose > pedicels short and bractless ; ovary smooth, or slightly pubescent on the edges ; legume small, ovoid, slender-pointed. — Sand-hills, near Aiken, South Carolina, Ravenel. June and July. — Stem 2° -3° high. Leaflets £'-|' long. Plant nearly unchanged in drying. Apparently allied to No. 3. 9. B. Lecontei, Torr. & Gray. Pubescent ; stem diffusely branched ; leaves small, short-petioled ; leaflets cuneate-obovate ; stipules subulate and ca- 112 LEGUMINOS.E. (PULSE FAMILY.) ducous, or the lower ones larger and persistent ; racemes numerous, short, few- flowered, somewhat leafy at the base ; bracts ovate-lanceolate, persistent ; flowers small, on long 2-bracted pedicels ; ovary villous ; legume smajl, ovoid, slender-pointed. — Dry sandy soil, Florida and the southern parts of Georgia. May and June. — Stem 2° high. Leaflets 1' long. Plant unchanged in drying. 10. B. Serenae, M. A. Curtis. Very smooth, branching ; leaves petioled ; leaflets oblong-obovate, cuneate ; flowers in a long loose central raceme, and in short racemes terminating the branches ; pedicels longer than the calyx in fruit ; segments of the calyx villous on the inside ; legume oblong, inflated, the stipe longer than the calyx. — Society Hill, South Carolina, Curtis. May and June. — Stem diffusely branched, 1°- 2° high. Leaflets 1' long. Legume 8" long. Allied to No. 7 and No. 1 1 . Plant unchanged in drying. H- ••- Flowers white. 11. B. alba, R. Brown. Smooth and glaucous ; branches slender, flexu- ous, horizontal ; leaves all distinctly petioled ; leaflets thin, cuncate-lanceolate or oblong, obtuse ; stipules and bracts minute, caducous ; raceme usually solitary, central, very long, those on the branches few-flowered ; legume cylindrical. — Damp soil, Florida to North Carolina, and westward. April. — Stem 2° -3° high, often purple. Leaflets 1' long. Racemes l°-3°long. Corolla ^' long. Plant unchanged in drying. 12. B. leucantha, Torr. & Gray. Smooth and glaucous ; branches spreading j leaves short-petioled ; leaflets oblong and obovate, obtuse ; stipules lanceolate, as long as the petioles, deciduous ; racemes central, and terminating the branches, long, many-flowered ; ovary smooth ; legume large, oblong, much inflated, long-stipitate. — River-banks, Florida to South Carolina, and westward. March and April. — A stouter plant than the preceding, with larger leaves and flowers, changing blackish in drying. Legumes 1 1' long. 13. B. leucophsea, Nutt Hairy or smoothish ; stem stout, angled; leaves short-pctiolcd ; leaflets varying from oblanceolate to obovate, rigid, re- ticulate, soon smooth above ; stipules and bracts leafy, ovate-lanceolate, per- sistent ; racemes stout, declined, 1 -sided ; flowers large, yellowish-white, on long and slender erect pedicels ; ovary villous ; legume ovtoid, long-pointed. (B. bracteata, Muhl.} — Dry rich oak woods, "Wrightsboro, Georgia, and westward. April. — Stem low, with widely spreading branches. Racemes 4' -12' long. Flowers 1' long, the vexillum spotted with brown. Plant turns black in drying. H— H— H— Flowers blue. 14. B. australis, R. Brown. Smooth ; leaves all short-petioled ; leaflets cuneate-obovate ; stipules leafy, lanceolate, twice as long as the petioles ; ra- cemes large, erect, many-flowered ; flowers (indigo blue) very large ; bracts deciduous; legume oblong. (B. casrulea, Nutt.) — Banks of rivers, Georgia (Pursh), and westward. June and July. — Stem 2° -3° high. Flowers 1' or more long. Legume 2' long. Plant unchanged in drying. LEGUMINOS^:. (PULSE FAMILY.) 113 39. THERMOPSIS, R. Brown. Stamens mostly persistent. Legume linear or oblong-linear, nearly sessile, flattened, many-seeded. Stipules leafy, persistent. Otherwise chiefly as in Baptisia. Flowers yellow. 1. T. Caroliniana, M. A. Curtis. Stem stout, simple, smooth ; leaves long-petioled ; leaflets membranaceous, obovate-oblong, silky beneath ; stipules very large, ovate or oblong, clasping; racemes elongated, villous, erect, rigid, many- flowered ; flowers on short pedicels ; bracts ovate, deciduous ; legumes oblong- linear, erect, straight, villous and hoary, 10-12-seeded. — Mountains of North Car- olina. May - July. — Stem 3° - 5° high. Raceme 6' -12' long. Legume 2' long. 2. T. fraxinifolia, M. A. Curtis. Stem branching, slender, smoothish ; leaves long-petioled ; leaflets oblong, narrowed at the base, often acute, smooth above, glaucous and slightly pubescent beneath ; stipules lanceolate, much shorter than the petioles , racemes erect, glabrous ; flowers on slender spreading pedi- cels ; bracts small, lanceolate, persistent ; legume linear, falcate, pubescent, spreading, short-stipitate, 10-seeded. — Mountains of North Carolina. — Stem 2° high. Legume 3' long. 3. T. mollis, M.A.Curtis. Pubescent; stem diffusely branched ; leaflets obovate-oblong ; stipules leafy, oblong-ovate, as long as the petioles ; racemes declined ; pedicels shorter than the calyx and lanceolate bracts ; legume linear, flat, short-stipitate. (Baptisia mollis, Michx.) — Rocky woods in the middle districts of North Carolina. April and May. — Stem 2° high. Legume 2' - 3' long, many-seeded. 40. CLADRASTIS, Baf. YELLOW-WOOD. Calyx 5-toothed ; the nearly equal teeth short and obtuse. Vexillum large, roundish, reflexed, scarcely longer than the oblong wings and separate keel- petals. Stamens 10, distinct ; filaments slender, incurved above. Legume short- stipitate, linear, flat, thin, marginless, 4 - 6-seeded, at length 2-valved. — A small tree, with yellow wood, pinnate leaves, and large white flowers in terminal droop- ing panicled racemes. 1. C. tinctoria, Raf. (Yirgilia lutea, Michx.) — Hill-sides, in rich soil, Tennessee and Kentucky, May. — Leaflets 7-11, oval or ovate, acute, smooth, parallel-veined, 3'- 4 'long; the common petiole tumid at the base. Stipules none. Racemes 1° long. Flowers 1' long. 41. SOPHORA, L. Calyx campanulate, obliquely truncated or 5-toothed. Stamens 10, free or cohering at the base. Style smooth. Legume moniliform, wingless, many- seeded, indehiscent. Seeds subglobose. — Trees or shrubs, with unequally pin- nate leaves. Flowers in axillary and terminal racemes. 1. S. tomentosa, L. Hoary-tomentose ; leaflets 11-17, oblong, coria- ceous, becoming smooth above ; raceme elongated ; calyx minutely 5-toothed. — South Florida, near the coast. — Shrub 4° -6° high. Flowers showy, yel- low. Legume stipitate, 5' long. 10* 114 LEGUMINOS^. (PULSE FAMILY.) SUBORDER II. CJESAL.PINIE.aE. '"* BRASILETTO FAMILY. 42. CIE-CIS, Ifcj RED-BUD. Calyx campanulate, 5-toothcd. Petals all distinct, the vexillum shorter than the wings. Stamens 10, distinct. Legume oblong, compressed, many-seeded ; the upper suture winged. — Trees, with broadly-cordate simple stipulate leaves, and reddish-purple clustered flowers appearing before the leaves. 1. C. Canadensis, L. — Rich soil, Florida to Mississipi, and northward. February and March. — Tree 15° -20° high. Flowers very numerous, from lateral buds. 43. CASSIA, L. SENNA. Calyx of 5 nearly distinct sepals. Petals 5, unequal. Stamens 5 -10. An- thers mostly of different forms, opening by two terminal pores. Legume many- seeded. Seeds often separated by cross partitions. — Herbs or shrubs. Leaves abruptly pinnate. Flowers yellow. * Stamens 10, unequal : part of the anthers abortive : sepals obtuse : stipules deciduous. 1. C. OCCidentaliS, L. Annual, smoothish ; stem stout, branching ; leaf- lets about 10, ovate or ovate-lanceolate, acute ; petiole with a globular gland at the base ; racemes 2 - 4-flowered, the upper ones crowded. — Waste places, com- mon. — Stem l°-5° high. Legume linear, erect, compressed, slightly curved, 3' -4' long. 2. C. obtusifolia, L. Annual, rougblsh ; stem slender, leaflets 6, cune- ate-obovate, with a tooth-like gland between the lowest pair ; flowers by pairs ; legume narrow-linear, 4-angled, recurved. — Waste places, Florida to North Carolina, and westward. Stem 1° - 4° high. Legume 6' - 10' long. 3. C. Marilandica, L. Perennial, smoothish; leaflets 12-18, oblong, acute ; petiole with a club-shaped gland near the base ; racemes several- flowered, the upper ones crowded, forming a compact panicle ; legume linear, slightly curved. — Rich soil, Florida to Mississippi, and northward. August. — Stem 3° - 4° high. Legume 3' - 4' long. 4. C. angUStisiliqua, Lam. ? Smooth or nearly so ; stem branched ; leaflets 6-10, oblong, mucronate, very ^oblique at the base, hairy at the base beneath, with a globular gland on the petiole or between the lowest pair of leaf- lets ; flowers in a terminal panicle, on slender pedicels ; sepals oblong-obovate ; petals yellow, veiny ; perfect stamens oblong, the larger ones curved ; legume (3'-^' long) broadly linear, flat, straight or somewhat falcate, many-seeded. — South Florida. Feb. — Leaflets 9" - 12" long. Legumes 4'' wide. 5. C. biflora, L. Shrubby; leaflets 4- 10, oblong, narrowed at the base, mucronate, with an obovoid gland between the lowest pair ; racemes 2 - 4-flow- ered, often by pairs, slender, shorter than the leaves ; fertile anthers 5 ; legume linear, flat, straight or somewhat falcate, smooth, many-seeded. — Key West. — Leaflets 1' long. Legume 3' long, 2" wide. LEGUMINOS^E. (PULSE FAMILY.) 115 * * Stamens 5 -10: anthers all perfect : sepals acute: stipules persistent. 6. C. Chamaecrista, L. Annual; stem smooth or rusty-hairy; leaflets small, numerous, linear-oblong, mucronate ; stipules acuminate, nerved ; flowers borne above the axils, large, clustered, on long pedicels ; anthers 10 ; style slen- der ; legume linear, nearly straight. — Dry barren soil, Florida to Mississippi, and northward. July and August. — Stem 1°- 1^° high. Part of the petals often purple at the base. 7. C. nictitans, L. Annual; pubescent; leaflets numerous, oblong-linear; stipules and bracts subulate ; flowers small, 2 - 3 in a cluster above the axils, on short pedicels ; petals unequal ; stamens 5, nearly equal. "Var. aspera. (C. aspera, Ell.) Hirsute; stamens 7-9, very unequal; ovary very hairy ; flowers larger. — Dry old fields, Florida to North Carolina, and westward. August. — Stem 1° high, often prostrate. Leaflets about 40, sensi- tive, like those of the preceding species. 44. GLEDITSCHIA, L. HONEY-LOCUST. Flowers polygamous. Sepals 3-5, united at the base, spreading. Petals as many, or less by the union of the 2 lower ones. Stamens 3 - 5, distinct, inserted with the petals on the base of the calyx. Legume stipitate, flat, 1 - many-seed- ed. Seeds compressed. — Thorny trees. Leaves abruptly 1 - 2-pinnate, with oblong serrate leaflets. Flowers small, greenish, in short spikes. 1. G. triacanthos, L. Leaflets lanceolate-oblong; thorns mostly com- pound ; legume very long, many-seeded, pulpy within. — Rich woods, Florida to Mississippi, and northward. June and July. — A large tree. Legume 12'- 18' long, 1' wide, twisted. 2. G. monosperma, Walt. Leaflets ovate or oblong ; thorns mostly simple ; legume short, obliquely oval, 1-seeded, not pulpy. — Deep river swamps, Florida to Tennessee, and westward. July. — A small tree. Legume 1' long. SUBORDER HI. WIIIflOSEJE. MIMOSA FAMILY. 45. MIMOSA, L. SENSITIVE-PLANT. Flowers polygamous. Calyx minute, 4-5-toothed. Petals united into a 4-5-cleft tubular-campanulate corolla. Stamens 4-15, distinct, much exsert- ed. Legume compressed, mostly jointed, 1 - many-seeded ; the broad valves separating at maturity from the persistent margins. — Herbs, shrubs, or trees. Leaves bipinnate, sensitive. Flowers white or rose-color, capitate or spiked, on axillary peduncles. 1. M. Strigillosa, Torr. & Gray. Herbaceous and rough with scattered appressed rigid hairs ; stem prostrate ; leaves long-petioled ; pinnae 5-6 pairs ; leaflets 10-14 pairs, oblong-linear; peduncles longer than the leaves ; heads of flowers elliptical ; legume oval or oblong, 1 - 3-jointed, hispid. — Banks of rivers, East Florida, and westward. July and August. — Flowers rose-color. 116 LEGUMINOS^. (PULSE FAMILY.) M. PUDICA, L., the common SENSITIVE-PLANT, is partially naturalized in sonic localities. 46. SCHRANKIA, Willd. Flowers polygamous. Calyx minute. Corolla funnel-shaped, 5-cleft. Sta- mens 8-10, distinct, exserted. Legume not jointed, prickly, 1-celled, many- seeded ; the narrow valves separating at maturity from the broad margins. — Perennial prostrate prickly herbs, with bipinnate sensitive leaves, and purple flowers in globose axillary peduncled heads. 1. S. uncinata, Willd. Stem, petioles, peduncles, and legumes thickly beset with short and thick recurved prickles ; pinnae 5-6 pairs ; leaflets 26 - 30, elliptical, reticulated with elevated veins beneath; peduncles mostly solitary, usually shorter than the leaves ; legume oblong-linear, with a short acuminate point, about as long as the peduncle ; seeds elliptical. — Dry sandy soil, Florida, and westward. June -August. — Stem 2° -4° long. Legume 2' long. 2. S. angustata, Torr. & Gray. Stem, &c. armed with scattered weak recurved prickles ; pinnae 4-6 pairs ; leaflets about 30, linear-elliptical, veinless, or nearly so, on both sides ; peduncles single or by pairs, much shorter than the leaves ; legume narrow-linear, 3-4 times as long as the peduncle, ending in a long subulate smoothish point. Var. ? brachycarpa. Stem, £c. as in No. 1 ; leaflets oblong-linear ; pedun- cles single or 2 - 4 in a cluster, the upper ones longer than the leaves ; legumes (2' -3' long) broadly linear, abruptly slender-pointed, densely armed with strong often branching prickles, about as long as the peduncle. — Dry pine barrens, Florida to North Carolina, and westward. June - August. — Stem 2° - 5° long. Legumes 4' -5' long. 47. PITHECOLOBIUM, Martins. Flowers perfect, rarely polygamous. Calyx tubular-campanulate, 4 - 5-toothed. Corolla tubular-funnel-shaped, 4 - 5-cleft. Stamens 10 or more, long exserted, monadelphous near the base. Style filiform. Legume broadly linear, com- pressed, contorted or falcate, transversely partitioned, mealy or pulpy within. Seeds lenticular. — Trees or shrubs, often armed with stipular spines. Leaves pinnate or bipinnate. Flowers chiefly capitate, axillary and terminal. 1. P. Unguis-Cati, Benth. Unarmed or spiny; leaves bipinnate; leaf- lets 4, thin, broadly and obliquely obovate, the partial petioles much shorter than the common one ; heads globose, in a loose raceme ; calyx-teeth short, ciliate ; corolla yellowish, smooth ; stamens crisped, twice as long as the corolla ; ovary smooth. (Inga Unguis-Cati, Willd.) — South Florida. — Leaflets 1 ' - 1|' long, light green. (Legume spirally twisted, 5 - 6-seeded, white, and fleshy within. McFadyen.) 2. P. Guadalupense. Unarmed ; leaves bipinnate ; leaflets 4, coria- ceous, obliquely oblong or obovate, the common and partial petioles nearly equal ; peduncles solitary, axillary, longer than the leaves, or the upper ones racemose ; calyx and corolla pubescent ; stamens 30 or more, 3-4 times as long ROSACES. (ROSE FAMILY.) 117 as the corolla; ovary pubescent; legume smooth, falcate or hooked. (Inga Guadalupensis, Desv.) — South Florida. — Leaflets 1' long, deep green. Legume 2' -4' long. Flowers yellowish. I 48. DESMANTHUS, Willd. Flowers polygamous. Calyx 5-toothed. Corolla of 5 oblong-spatulate pet* als, or tubular and 5-cleft. Stamens 5 - 10. Filaments of the lower flowers filiform, sterile. Legume linear, continuous, 2-valved. — Herbs or shrubs, with abruptly bipinnate leaves, and heads or spikes of white flowers borne on axillary peduncles. Leaves sensitive. 1. D. depressus, Humb. & Bonpl. Stems slender, prostrate, sprinkled with hairs, shrubby at the base ; pinna? 2 pairs ; leaflets oblong-linear, very ob- tuse, oblique and almost truncate at the base, hairy on the margins ; peduncles 2-4-flowered, the two upper flowers (sometimes all) perfect; stamens 10; leg- ume linear, many-seeded ; seeds angular, compressed. — South Florida. — Stems 1° - 2° long. Legume 1 ' - 1 £' long. 2. D. diflfusus, Willd. Stem somewhat shrubby, prostrate ; pinna? 4-5 paurs ; spikes few-flowered, capitate ; flowers pentandrous ; legume narrowly linear. — Key West. — Legume 2' long. 3. IX virgatus, Willd. Stem erect, rather rigid, smoothish, angled ; pinna? 1 - 7-pairs ; leaflets numerous, oblong-linear ; a rather large ovate gland below the lowest pinnae; heads few-flowered ; stamens 10; legume straight, lin- ear., 10 - 30-seeded. (D. strictus, Bertol.) — South Florida. — Stem 1° - 2° high. 49. NEPTUNIA, Lour. Sterile filaments flat, membranaceous or petal-like. Legume oblong, few- seeded ; otherwise like Desmanthus. 1. N. lutea, Benth. Stems ascending, rough with short rigid hairs ; pinna? 4-5 pairs ; leaflets numerous, linear-oblong, mucronate, fringed on the margins, veiny beneath ; stipules ovate, acuminate ; peduncles longer than the leaves, rough, minutely bracted ; heads oval or oblong, many-flowered, nodding ; petals distinct; sterile filaments 8-10, yellow, spatulate-linear ; fertile ones 10, white ; legume 5 - 8-seeded. — Damp soil near the coast, Key West to Alabama, and westward. June. 1J. — Stems 2' -3' long. ORDER 48. ROSACE^E. (ROSE FAMILY.) Herbs, shrubs, or trees, with alternate stipulate leaves, and regular flowers. — Calyx of 3 - 8 (mostly 5) more or less united sepals, and often with as many bracts. Petals as many (rarely none), inserted with the few or numerous distinct stamens on the edge of the disk which lines the tube of the calyx, mostly imbricated in the bud. Ovaries 1 - several, free, or more or less united with the calyx and with each other, 1 - few- 118 ROSACEJE. (ROSE FAMILY.) ovuled. Seeds anatropous, and, with few exceptions, without albumen. Embryo straight, with large and thick cotyledons. Fruit various. Synopsis. SUBORDER I. CHRYSOBALANEJE. Calyx bractless, free from the solitary ovary. Style single, arising from the base of the ovary. Ovules erect. Fruit a drupe. — Trees or shrubs. Leaves simple. 1. CHRYSOBALANUS. Calyx-limb persistent. Stone grooved. Low shrubs. SUBORDER II. AMYGDALE^. Calyx bractless, free from the sol- itary ovary. Style single, terminal. Ovules suspended. Fruit a drupe. Leaves simple. 2. PRUNUS. Calyx-limb deciduous. Stone even, or grooved on the margins. SUBORDER LU. ROSACEJE. Calyx 3 - 5-cleft, the lobes often alte-- nating with as many bracts, free from the 1 - several ovaries. Style lateral or terminal. Fruit a 1 - 10-seeded follicle, or a 1-seeded ache- nium. — Herbs or shrubs. Leaves mostly lobed or compound. * Fruit a 1 - 10-seeded follicle. 3. SPIR2EA. Petals obovate or roundish, imbricated in the bud. 5. GILLENIA. Petals linear-lanceolate, convolute in the bud. * * Fruit a 1-seeded achenium. •»- Fruiting calyx dry, the lobes mostly valvate in the bud. Achenia few, or numerous and collected into a head. •H- Calyx-tube contracted at the throat (except No. 4). Achenia 1-4. 4. NEVIUSIA. Petals none. Stamens indefinite. Calyx-lobes serrate. 6. AGRIMONIA. Petals 5. Stamens 5 -15. Calyx bristly. 7. SANGUISORBA. Petals none. Stamens 4. Style terminal. 8. ALCHEMILLA. Petals none. Stamens 1-4. Style lateral. •H- -H. Calyx open, bracted. Stamens and dry achenia numerous, the latter rarely 2-4. = Seeds erect. 9. GEUM. Style persistent. Achenia numerous. 10. WALDSTEINIA. Style deciduous. Achenia 2-6. = = Seeds suspended or ascending. 11. POTENTILLA. Receptacle flat or convex, dry. 12. FRAGARIA. Receptacle conical, enlarged and fleshy in fruit. ++ -H. *+ Calyx open, bractless. Stamens and juicy achenia numerous. 13. RUBUS. Achenia crowded on the conical receptacle. +- H- Calyx-tube fleshy, urn-shaped ; the lobes imbricated in the bud. Achenia numerous, inserted on the receptacle which lines the inside of the calyx-tube. 14. ROSA. Achenia dry and hairy. Prickly shrubs. ^ ^ SUBORDER IV. POME^E. Calyx including and cohering with the 1-5 ovaries, very thick and fleshy in fruit. 15. CRATJ2GUS. Fruit of 1 - 5 bony 1-seeded nutlets. 16. PYRUS. Fruit of 2 - 5 cartilaginous or membranaceous 2-seeded cells. 17. AMELANCHIER. Fruit of 3 - 5 two -seeded cells ; seeds separated by a false partition. ROSACES. (ROSE FAMILY.) 119 1. CHRYSOBALANTTS, L. Calyx bell-shaped, 5-cleft, persistent. Petals 5. Stamens about 20 ; the in- ner ones often shorter and sterile. Ovary with 2 collateral erect ovules ; the style arising from its base. Drupe 1 -seeded ; the stone grooved. — Low unarmed shrubs. Leaves nearly sessile, entire, with minute stipules. Flowers small, in axillary or terminal paniculate cymes. 1. C. Oblongifolius, Michx. Leaves somewhat coriaceous, oblong, nar- rowed downward, mucronate, smooth on both sides, or hoary-pubescent beneath, deciduous ; cymes terminal, racemose, many-flowered ; calyx pubescent ; sta- mens and ovary smooth ; drupe ovoid. — Dry sandy pine barrens, Florida, Ala- bama and Georgia. May. — Stems creeping, the flowering branches 6' - 12' high. Leaves 3' - 4' long. Flowers greenish-white, mostly abortive. 2. C. Icaco, L. ( COCOA PLUM.) Leaves short-petioled, round-obovate, mostly emarginate, smooth, coriaceous ; cymes axillary, few-flowered, shorter than the leaves ; calyx pubescent and hoary ; stamens and ovary hairy ; drupe large roundish. — South Florida. — Shrub 4° - 6° high, the stem and branches rough- ened with small white tubercles. Leaves 2' long, l£' wide. Drupe yellow, pur- ple, or black. 2. PRUNUS, L. PLUM. CHEERY. Calyx 5-cleft, deciduous. Petals -5, spreading. Stamens 15-30. Ovary with 2 collateral suspended ovules. Style terminal. Drupe fleshy; the stone even. — Trees or shrubs. Leaves simple. Flowers white. § 1. PRUNUS. (PLUM.) — Drupe glaucous: stone more or less compressed : leaves convolute in the bud: Jlowers in lateral clusters, appearing before the leaves: branches often spiny. 1. P. Americana, Marsh. Leaves thick, ovate or somewhat obovate, acu- minate, rounded or slightly cordate at the base, pubescent beneath, sharply ser- rate, on glandular petioles ; drupe large, globose. (P. hiemalis, Ell.) — Woods, Florida to Mississippi, and northward. March and April. — A small tree. Leaves 2' -3' long, smooth when old. Flowers very numerous. Plum reddish, £'-!' in diameter, pleasantly acid, ripening in September. 2. P. umbellata, Ell. Leaves thin, ovate-lanceolate or oblong, acute at both ends, or the upper ones rounded at the base, finely and sharply serrate, smooth or soft-downy beneath ; calyx-teeth emarginate, pubescent ; drupe glo- bose ; stone slightly compressed. — Dry light soil, Florida and Alabama to South Carolina. February and March. — A shrub or small tree. Branches purple, shining. Leaves I'-l^' long. Plum rarely £' in diameter, dark-purplish or black, sour and bitter, ripening in August. 3. P. Chicasa, Michx. Leaves thin, lanceolate or oblong-lanceolate, acute, smooth, minutely and sharply serrate, with the teeth glandular and in- curved ; flowers short-peduncled ; calyx smooth ; drupe yellowish-red, globose. — Old fields, forming thickets. March. — A shrub or small tree. Leaves 120 ROSACEJS. (ROSE FAMILY.) l£' - 2' long. Plum about ^' in diameter, thin-skinned and of an agreeable flavor. ' § 2. CERASUS. (CHERRY^) — Drupe not glaucous: stone globular or slightly com- pressed: leaves folded in the bud, deciduous. — Spineless shrubs or trees. * Flowers clustered. 4. P. Pennsylvanica, L. Leaves thin, ovate-lanceolate, acuminate, finely and sharply serrate, green and smooth on both sides ; flowers several in a cluster, on long peduncles ; drupe globose, light red. — Rocky woods, North Carolina, and northward. May. — A small tree. Fruit small and sour. * =* Flowers in racemes terminating leafy branches. 5. P. serotina, Ehrhart. Leaves smooth, varying from oval to ovate- lanceolate, mostly acute or acuminate, serrate, with the teeth callous and ap- pressed ; racemes long, spreading ; drupe globose, purplish-black. — Woods, Florida to Mississippi, and northward. April and May. — A tree 20° - 60° high. 6. P. Virginiana, L. Smooth throughout, or the lower surface of the leaves, branches, and racemes more or less pubescent ; leaves thin, oval, oblong or obovate, finely and sharply serrate, abruptly acute or acuminate ; racemes rather short and erect ; drupe red. (P. hirsuta, Ell. ?) — Light sandy soil, Geor- gia and northward. April. — Shrub 3° - 9° high. Leaves 1' - 3' long. Drupe astringent. § 3. LAUROCERASUS. ( CHERRY-LAUREL ) — Drupe not glaucous : stone globular : flowers in racemes from the axils of evergreen leaves. 7. P. Caroliniana, Ait. (MocK ORANGE.) Leaves coriaceous, smooth and glossy, ovate-lanceolate, acute, mostly entire ; racemes shorter than the leaves, white ; drupe ovoid, soon dry, black. — Banks of rivers, Florida to North Carolina, and westward. February and March. — A small tree. 3. SPIRJEA, L. MEADOW-SWEET. Calyx 5-cleft, persistent. Petals 5, roundish, imbricated in the bud. Stamens 10-50. Follicles 3-12, 1 - 10-seeded. Styles terminal. — Shrubs or perennial herbs, with simple or compound leaves. Flowers white or rose-color, sometimes dioecious. * Slirubs : flowers perfect. H- Flowers corymbose. 1. S. opulifolia, L. Leaves broadly ovate or cordate, 3-lobed, doubly crenate-serrate, smooth; corymbs umbellate, terminating the short branches, mostly pubescent ; follicle smooth, inflated, 2-4-seeded. — Var: FERRUGINEA, Nutt. Leaves smaller (!' long), slightly lobed, covered, like the branches, corymbs, and follicles, with a dense brownish pubescence. — Banks of streams, Florida and Alabama (the variety) to the mountains of Georgia, and northward. April and May. — Shrub 3° - 5° high, the old bark separating in turn layers. Flowers white. H— H— Flowers panicled. 2. S. tomentosa, L. Leaves simple, ovate or oblong, serrate, the lower surface, like the branches and close panicle, covered with a dense, rust-colored ROSACES. (ROSE FAMILY.) 121 pubescence ; follicles 5, not inflated, tomentose, several-seeded. — Low grounds in the upper districts of Georgia, and northward. June and July. — Stem 2° - 3° high. Flowers small, pale purple. 3. S. salicifolia, L. Smooth; panicle dense-flowered; leaves varying from lanceolate to oblong-obovate, sharply and doubly serrate ; follicles not in- flated, smooth, several-seeded. — With the preceding. June and July. — Stem 2° -5° high. Flowers white. * * Perennial herbs: leaves lobed or compound. 4. S. lobata, Murr. Flowers perfect, in long-peduncled paniculate cymes ; leaves coarse, pinnately lobed, the terminal lobe very large, reniform, 7 - 9-parted, with the divisions incisely toothed and serrate; stipules reniform, persistent; follicles 6-8, 1 - 2-seeded. — Swamps along the mountains of Georgia and North Carolina, northward. June and July. — Stem smooth, 5° - 8° high. Up- per leaves 3-lobed and sessile ; the lowest ones on Jong petioles. Flowers rose- color. Petals and sepals often in fours. 5. S. AruncilS, L. Flowers dioecious, in elongated filiform panicled racemes ; leaves thrice-pinnate ; leaflets thin, lanceolate-oblong, sharply and doubly serrate ; stipules minute or wanting ; follicles 3-5, several-seeded, re- flexed. — Woods on the mountains of Georgia, and northward. June. — Stem tall and slender. Flowers minute, white. 4. NEVIUSIA, Gray. Calyx bractless, spreading, 5-parted, with the lobes leaf-like, incisely serrate and persistent. Corolla none. Stamens indefinite, inserted in several rows on the thin disk which lines the bottom of the calyx ; filaments filiform. Ovaries 2-4, sessile : style nearly terminal, filiform. Ovule single, pendulous, anatro- pous. Achenia drupaceous. Cotyledons oval, flat. Embryo included in thin fleshy albumen. Radicle superior, inflexed-accumbent. — A shrub, with alter- nate leaves, free bristle-awl-shaped stipules, and single or clustered terminal flowers on slender peduncles. • 1. N. Alabamensis, Gray. — Shady cliffs near Tuscaloosa, Alabama. Rev. R. D. Nevius. — Shrub 2° - 5° high, with spreading branches. Leaves short-petioled, membranaceous, ovate or oblong, doubly serrate, l'-2^' long. Flowers very numerous and showy. 5. GILLENIA, Mcench. INDIAN PHYSIC. Calyx tubular-campanulate, 5-toothed. Petals 5, linear-lanceolate, unequal, inserted on the throat of the calyx, convolute in the bud. Stamens 10 - 20. Fol- licles 5, included in the calyx, 2-4-seeded. — Perennial herbs. Leaves thin, trifoliolate ; the leaflets sharply and doubly serrate. Flowers white or rose- color, in loose few-flowered corymbs. 1. G. trifoliata, Moanch. Stipules small, subulate, entire; leaflets ob- long, acuminate, rather coarsely serrate; lower peduncles elongated, flowers 11 122 ROSACE^E. (ROSE FAMILY.) white. — Rich woods in the northern parts of Alabama, and northward. June. — Stem 2° -3° high. 2. G. stipulacea, Nutt. Stipules leafy, ovate, serrate; leaflets lanceo- late, coarsely serrate, or the lowest incisely lobed ; flowers rose-color. — Moun- tains of Alabama, and northward. June. — Stem 2° - 3° high. 6. AGRIMONIA, Tourn. AGRIMONY. Calyx 5-cleft, the tube top-shaped, contracted at the throat, and armed with hooked bristles. Petals 5. Stamens 5-15, inserted on the throat cf the calyx. Achenia 2, included in the grooved and indurated calyx-tube. — Perennial herbs, with unequally pinnate leaves, leafy toothed stipules, and small yellow flowers in long spiked racemes. Fruit nodding. 1 . A. Eupatoria, L. Stem hairy ; leaflets 3-7, with smaller ones below or intermixed, oblong-obovate, hairy, sometimes white-downy beneath, coarsely serrate ; petals twice the length of the calyx. — Dry open woods, Florida to Mis- sissippi, and northward. August. — Stem 2° - 3° high. 2. A. parviflora, Ait. Stem and petioles hirsute; leaflets 9-15, with smaller ones between, lanceolate, coarsely serrate, roughish above, pubescent beneath. — Low ground, chiefly in the upper districts, Mississippi to North Car- olina, and northward. August. — Flowers and fruit smaller than in No. 1. 3. A. incisa, Torr. & Gray. Stem, petioles, and lower surface of the leaves clothed with soft 'down and long hairs intermixed ; leaflets 7-9, small (!' long), oblong or obovate, coarsely serrate, with smaller ones between; sta- mens 5. — Dry open woods, Florida, Alabama, and Georgia. August. — Stem 2° high. Flowers small. 7. SANGUISORBA, L. Calyx 4-parted, the tube 4-angled. Petals none. Stamens 4, the filaments usually thickened upward. Style terminal, slender. Stigma pencil-form. Achenia 1-2, included in the 4-winged indurated calyx-tube. — Herbs, with unequally pinnate leaves. Flowers in close heads or spikes. 1. S. Cauadensis, L. Smooth; leaflets numerous, stalked, cordate- ovate or oblong, serrate ; spikes long-peduncled, cylindrical, elongated in fruit ; stamens flattened. — Wet meadows, along the Alleghany Mountains, Georgia, and northward. September. 1J. — Stem 2° - 4° high. Lowest leaves on long petioles. Flowers white. 8. ALCHEMILLA, Tourn. Calyx 4 - 5-parted, and with as many alternate bracts ; the tube obconical, contracted at the throat. Petals none. Stamens 1-4. Style lateral. Stigma capitate. Achenia 1-4, included in the persistent calyx -tube. — Small herbs, with palmately divided leaves, and minute greenish flowers, in corymbs or clus- ters. KOSACE^E. (ROSE FAMILY.) 123 1. A. arvensiS, L. Annual, hairy; stem (l'-8'high) leafy; leaves 3- partcd, the divisions wedge-shaped, 3 - 5-lobed ; flowers in axillary sessile clus- ters ; fertile stamens 1-2. — Waste places, North Carolina and Virginia. In- troduced. — Stem branching from the base. Leaves 4" - 6" long. 9. GEUM, Lv AVENS. Calyx campanulate, deeply 5-cleft, and usually with as many bracts at the sinuses. Petals 5. Stamens and achenia numerous, the latter crowded on the conical or cylindrical dry receptacle. Styles terminal, long, persistent, jointed and hairy, or straight and smoothish. Seeds erect. — Perennial herbs, with pin- nately divided leaves. Flowers yellow, white, or purple. 1. G. album, Gmelin. Smoothish or downy ; stem slender, with spreading branches ; radical leaves pinnate, or the earliest ones nearly simple and rounded ; stem-leaves 3-parted, lobed or toothed ; petals white, as long as the calyx ; style jointed and bent near the middle, the smooth lower portion persistent and hooked ; receptacle and ovaries bristly-hairy. — Rich woods, Georgia and northward. April and May. — Stem 2° high. 2. G. geniculatum, Michx. Hairy ; leaves pinnate, 3-parted or 3-lobed, the upper ones nearly sessile ; leaflets or lobes thin, ovate and obovate, toothed and serrate ; style jointed and bent in the middle, the upper portion plumose and nearly persistent the lower pubescent, or smooth above ; heads of the hairy achenia sessile. — High mountains of North Carolina. July. — Stem 2° - 3° high. Flowers white, veiny. 3. G. radiatum, Michx. Hirsute; stem short (6' -12'), often branching; lowest leaves pinnate, the terminal leaflet large, reniform, obscurely lobed, doubly toothed, the lateral ones few and small ; stem-leaves scattered, small, sharply toothed, sessile ; flowers large ; petals obcordate, yellow ; style straight and wholly persistent, hairy at the base ; heads of achenia sessile. — Highest mountains of North Carolina. July. — Flowers 1' wide. 10. WALDSTEINIA, Willd. Calyx obconical, 5-cleft, with as many alternate bracts. Petals 5. Stamens numerous, inserted into the throat of the calyx. Achenia 2-6, dry or some- what fleshy. Style terminal, filiform, separating from the achenium by a joint. Seeds erect. — Low perennial herbs, with chiefly radical and roundish lobed leaves, and yellow flowers on scape-like stems. 1. W. fragarioides, Tratt. Smooth or hairy; leaves long-petioled, tri- foliolate or 3-parted, with broadly cuneate and crenately toothed leaflets ; scape as long as the leaves, bracted, many-flowered ; achenia 4-6, minutely hairy. — Mountain-woods, Georgia and northward. May and June. — Stem and leaves 4' - 6' high. Petals larger than the calyx. 2. W. lobata, Torr. & Gray. Hairy ; leaves cordate, crenately 3 - 5-lobed ; scape filiform, bracted, 4 - 8-flowered ; achenia mostly 2, hoary ; petals rather 124 % ROSACE^E. (ROSE FAMILY.) shorter than the calyx. (Dalibarda lobata, Baldw.) — Banks of the Flint and Chattahoochee rivers, in the middle districts of Georgia, not common. May and June. — Scape and leaves 4' - 8' high. 11. POTENTILLA, L. CINQUEFOIL. Calyx flat, 5-cleft, with as many bracts. Petals 5, obcordate or roundish. Stamens numerous. Style lateral or terminal, deciduous. Achenia collected in a head on the dry and pubescent receptacle. — Herbs or shrubby plants, with variously divided leaves. Flowers solitary or cymose. * Style terminal, or nearly so. 1. P. Norvegica, L. Annual, hair^; stem erect, branched; leaves pal- mately 3-foliolate, the leaflets obovate-oblong or lanceolate, coarsely serrate ; flowers pale yellow, in leafy cymes ; petals shorter than the calyx. — Waste places. Introduced, and sparingly naturalized. — Stem 1° - 2° high. 2. P. Canadensis, L. Perennial, hairy ; stem prostrate or ascending, simple ; leaves palmately 5-foliolate ; leaflets obovate-oblong, coarsely serrate ; flowers axillary, solitary, on long filiform peduncles ; petals yellow, obcordate, as long as the calyx. (P. simplex, Michx.) — Meadows in the upper districts, Mississippi to North Carolina, and northward. July and August. — Stem l°-3° long. * * Style lateral. f 3. P. tridentata, Ait. Stem somewhat shrubby at the base, erect or as- cending, pubescent ; leaves rigid, trifoliolate, cuneate -oblong, 3-toothed at the apex ; flowers white, in a terminal cyme. — High mountains of North Carolina. July. — Stem 5' - 10' high. Achenia and receptacle very hairy. 12. FRAGARIA, Tourn. STRAWBERRY. Flowers like Potentilla, but the dry achenia borne on the enlarged, at length pulpy and scarlet receptacle. Style lateral. — Perennial herbs with creeping runners. Leaves radical, trifoliolate. Flowers white, in terminal cymes. 1. F. Virginiana, Ehrhart. Hairy ; leaflets oblong, coarsely serrate ; scape few-flowered ; fruit roundish, the achenia imbedded in the deeply pitted receptacle. — Rich woods, Florida to Mississippi, and northward. March and April. — Scapes 4' -6' high. 13. RTJBTJS, L. BRIER. BRAMBLE. Calyx concave or flattish, 5-parted, without bracts. Petals 5, deciduous. Stamens numerous. Achenia juicy, crowded on the conical or cylindrical re- ceptacle. Style nearly terminal, deciduous — Perennial or shrubby and mostly prickly plants, with lobed or compound petioled leaves, and white or reddish flowers. * Heads of achenia hemispherical, deciduous : receptacle dry. 1. B. odoratUS, L. Shrubby, not prickly; the branches, petioles, and corymbs hispid with glandular hairs ; leaves large, broadly ovate, 3-lobed, or ROSACES. (ROSE FAMILY.)* 125 the lowest ones 5-lobed, the lobes acute or acuminate, toothed and serrate ; calyx- lobes caudate ; flowers large, rose-color ; fruit reddish. — Rocky woods on the mountains of Georgia, and northward. June - August. — Stem 3° - 4° high. Flowers 2' in diameter. 2. B. occidentalis, L. Glaucous ; stem prickly, but otherwise very smooth, bending ; leaves 3 - 5-foliolate ; leaflets thin, ovate, acuminate, coarsely serrate or sparingly toothed, white-downy beneath ; petals white, shorter than the reflexed short-caudate hoary calyx-lobes ; fruit black. — Borders of woods along the mountains, Georgia and northward. May. — Stem biennial, 5° - 8° long. * * Heads of achenia oval or oblong, persistent : receptacle juicy. 3. B. villosus, Ait. Tall, shrubby; stem erect or bending, armed, like petioles and peduncles, with stout recurved prickles, the branches and 3 - 7-folio- late leaves soft-hairy or nearly smooth ; leaflets ovate or oblong, doubly ser- rate ; racemes leafy below, bracted above ; sepals acuminate, much shorter than the obovate white petals ; fruit large, oblong, black. — Swampy thickets, common. April. — Stem 4° - 10° high. 4. B. cuneifolius, Pursh. Shrubby, armed with stout prickles; stem erect ; branches and leaves tomentose ; leaves trifoliolate, with the leaflets cune- ate-obovate, unequally serrate towards the summit, tomentose and white beneath ; racemes few-flowered ; petals white ; fruit ovoid, black. — Old fields, Florida to North Carolina, and westward. April. — Stem 2° - 4a high. Leaves and fruit smaller than in the preceding. 5. B. trivialis, Michx. Shrubby, and armed with stout straight or re- curved prickles and bristly hairs ; stem prostrate, slender ; leaves 3 - 5-foliolate, partly persistent ; leaflets smooth, oblong-ovate or obovate, acute, sharply serrate ; racemes few-flowered, leafy below, mostly longer than the leaves ; flowers large, white ; fruit black. — Dry sandy soil, Florida to North Carolina, and westward. April. 6. B. hispidus, L. Somewhat shrubby, and armed with weak bristle-like prickles ; stem slender, prostrate ; leaves trifoliolate, persistent ; leaflets obovate, obtuse, coarsely serrate, smooth ; racemes many-flowered, slender, longer than the leaves ; flowers small, white ; fruit of few large and black achenia. (R. obo- valis, Michx.) — Cold shady swamps among the mountains, Georgia and north- ward. May and June. — Fruit sour. 14. BOSA, Tourn. ROSE. Calyx 5-cleft, the urn-shaped tube becoming fleshy in fruit. Petals 5. Sta- mens numerous, inserted with the petals on the throat of the calyx. Ovaries numerous, hairy, inserted on the thin receptacle that lines the inner surface of the calyx-tube. Styles nearly included. Achenia bony. — Prickly shrubs. Leaves unequally pinnate. Stipules united with the petioles. Flowers showy. * Styles cohering, exserted. 1. B. setigera, Michx. Stem long, reclining, smooth ; leaflets 3 - 5, ovate, acuminate or acute, serrate, shining above : petioles, peduncles, and calyx glan- 11* 126 ROSACES. (ROSE FAMILY.) dular ; corymb few-flowered ; petals obcordate ; fruit globose, smooth. — Borders of swamps, Florida to South Carolina, and westward. June. — Stem 10°- 15° long. Flowers 2' - 3' wide, red. * * Styles distinct, included : floivers red or ichite. 2. R. Carolina, L. Stem erect, smooth, armed with stout recurved stipu- lar prickles ; leaflets 5-9, oblong or elliptical, acute, finely serrate, dull and smoothish above, the lower surface paler, or, like the prickly petioles and cau- date calyx-lobes; tomentose ; flowers single or corymbose ; calyx-tube and peduncles glandular-hispid. — Swamps, Florida to North Carolina, and west- ward. June. — Stem 4° - 6° high, commonly purplish. Fruit depressed-globose, glandular. 3. H. lucida, Ehrhart Stem low, erect, armed with bristles and stout stipular prickles ; leaflets mostly 5, elliptical or oblong-lanceolate, sharply ser- rate, smooth and shining above, paler and often somewhat pubescent beneath ; flowers solitary, or 2-3 together ; peduncles and calyx glandular, the latter with foliaceous, often incised lobes. (K. parviflora, Ell } —Florida to Mississippi, and northward, mostly in dry soil, common. May and June. — Stem l°-3° high. A variable species. Stem sometimes smooth. 4. R. rubiginosa, L. (EGLANTINE.) Stem erect or curving, armed with very stout prickles ; leaflets 5-7, oval or obovate, serrate, glandular beneath ; flowers mostly solitary, on hispid peduncles ; fruit obovate. (R. suaveolens, Pursh.) — Waste places in the upper districts : introduced. Branches yellowish- green. Leaves fragrant. 5. B. Isevigata, Michx. (CHEROKEE ROSE.) Stem long, trailing, smooth, the branches armed with very stout and curved prickles ; leaves ever- green, mostly trifoliolate ; leaflets smooth and shining, lanceolate, the midrib his- pid ; stipules deciduous ; flowers large, solitary, white j calyx very bristly. — Common in cultivation. 15. CBAT^IGUS, L. HAWTHORN. Calyx urn-shaped ; the limb 5-cleft, persistent. Petals 5, orbicular, concave. Stamens few or many. Styles 1-5, distinct. Fruit fleshy, containing 1-5 bony nutlets. — Thorny shrubs or trees. Leaves simple, serrate or variously lobed. Flowers white, axillary and solitary, or in corymbs terminating short lateral branches. Stipules on the young branches linear, or lunate and ser- rate. * Corymbs compound, many-flowered. •*- Fruit small, not larger than a pea. 1. C. spatliulata, Michx. Young branches tomentose, otherwise nearly smooth and glandless throughout ; leaves small, spatulate, crenate at the sum- mit ; those on the young shoots larger and incisely lobed ; calyx-lobes very short ; styles 5 ; fruit very small, red. — River-banks, Florida to North Carolina, and west to Mississippi. April. — A small tree. Corymbs sometimes slightly pubescent. Stipules lunate on the young branches. ROSACES. (ROSE FAMILY.) 127 2. C. apiifolia, Michx. Young branches, leaves, and corymbs whitened with soft hairs ; leaves small, deltoid, pinnately 5 - 7-lobed, sharply toothed, nearly smooth when old, truncate or cordate at the base ; styles 1-3, filiform ; fruit globular, red. — River swamps, Florida to North Carolina, and westward. March and April. — A small tree. Leaves £'- 1' long. 3. C. cor data, Ait. Young branches, leaves, and corymbs softly pubes- cent, soon smoothish ; leaves large, deltoid-ovate, truncate or cordate at the base, long-petioled, 3 - 5-lobed and serrate ; spines slender ; fruit globose, red. — River-banks in the upper districts, Georgia, and northward. May and June. — A small tree. Leaves 1 ' - 3' long. Styles 5. 4. C. arborescens, Ell. Smooth; leaves thin, oval or elliptical, acuto at both ends, finely serrate, sometimes obscurely toothed near the apex, on slen- der nearly glandless petioles ; corymbs very numerous ; styles 5 ; fruit ovoid, red. — Banks of rivers, Georgia and Florida, west to Mississippi. March and April. — A small tree, with ash-colored branches. Spines stout or wanting. Leaves l'-2' long, entire at the base, sometimes hairy in the axils of the veins beneath. •*- *- Fruit large (^' - f ' long) ; leaves, $-c. mostly glandular. 5. C. Crus-galli, L. Leaves thick, oblong-obovate, smooth, shining above, finely serrate from near the glandless base ; those on the young branches some- times slightly lobed ; spines long and stout, or sometimes wanting ; corymbs smooth or nearly so ; styles 1 - 3 ; fruit pear-shaped or globose, red. — Woods, Florida to Mississippi, and northward. April and May. — A shrub or small tree. 6. C. COCCinea, L. Smooth ; leaves thin, roundish-ovate, with 3-5 short and sharply serrate lobes on each side, abruptly narrowed into the slender petiole, strongly straight-veined ; those on the young branches often truncate or slightly cordate at the base, and more strongly lobed ; spines stout ; styles 3 - 5 ; fruit large, globose or pear-shaped, bright red. (C. viridis, L. C. populifolia, Ell.) — Open dry woods, Florida to Mississippi, and northward. April and May. — A shrub or small tree. Leaves 1' - 2' long, bright green. 7. C. tomentosa, L. Leaves large (3' - 5' long), broadly ovate or oval, finely serrate, and slightly lobed above the middle, abruptly narrowed into a short margined petiole, pubescent, especially beneath, the veins straight and impressed ; corymbs large, tomentose ; styles 1 - 3 ; fruit pear-shaped, or- ange-red. Var. punctata, Gray. (C. punctata, Jacq.) Leaves smaller and smoother, more strongly furrowed by the impressed veins, and more tapering at the base ; fruit globose, dull red, dotted with white. — Woods and swampy thickets in the upper districts, Georgia and Alabama, and northward. May. — A shrub or small tree. Flowers and fruit large. * * Corymbs simple, 1 - 6-jlowered. 8. C. sestivalis, Torr. & Gray. Glandless ; leaves rigid, pubescent, be- coming smooth above, and rusty-pubescent on the veins beneath, cuneate- obovate, crenate above the middle, tapering into a short petiole ; corymbs 128 ROSACES. (ROSE FAMILY.) smooth, 3-5-flowered; styles 4-5; fruit large, globose, red. — Varies (C. lu- cida, Ell.) with smaller (!'), thinner, and smooth leaves, which are glossy above. — Margins of pine-barren ponds, Florida to South Carolina, and westward. March and April. — A small tree. Leaves 2' - 3' long. Fruit juicy, edible. 9. C. flava, Ait. Glandular ; leaves cuneate-obovate, serrate and slightly lobed near the apex, smooth, tapering into a short petiole ; corymbs smooth, 1 - 4-flowered ; styles 4 - 5 ; flowers and pear-shaped fruit large. — Shady sandy places, Florida to North Carolina, and westward. May. — Tree 15°- 20° high. Leaves 2' -3' long. Fruit greenish-yellow. 10. C. glandulosa, Michx. Branchlets, leaves, and corymbs whitened with soft hairs ; leaves opaque, cuneate, entire or glandular-serrate, tapering into a slender petiole, becoming smoothish ; those on the young branches often spar- ingly lobed ; corymbs 3 - 6-flowered, unilateral ; styles 5 ; fruit small, globose, red. (C. elliptica, Ait.) — Dry pine barrens, Florida to South Carolina, and westward. April. — A small tree, with coarse bark, and long recurved branches. Leaves 1' long. Fruit 3" - 4" long. 11. C. parvifolia, Ait. Leaves obovate, scarcely petioled, serrate, the lower surface, like the branchlets and calyx, pubescent ; spines numerous, long and slender ; flowers mostly solitary ; calyx-lobes large, serrate ; styles 5 ; fruit large, globose or pear-shaped, somewhat hairy. — Sandy soil, Florida to Missis- sippi, and northward. April and May. — A much branched shrub, 3° - 5° high. Leaves 1' long. 16. PYRUS, L. PEAR. APPLE. Calyx urn-shaped, 5-cleft. Petals 5. Stamens numerous. Styles 2 -5. Fruit fleshy or baccate, containing 2-5 cartilaginous, 2-seeded carpels. — Trees or shrubs. Flowers cymose or corymbose. * Leaves simple, glandular : fruit depressed at the base. 1. P. coronaria, L. Leaves on long and slender petioles, ovate, round- ed, or slightly cordate at the base, angled or lobed, serrate, smooth ; corymbs simple, few-flowered ; flowers rose-color, very fragrant ; styles woolly and united at the base. — Eich soil in the upper districts, Mississippi to North Carolina, and northward. April . — A small tree. Leaves 2' - 3' long. 2. P. angustifolia, Ait. Leaves lanceolate or oblong, acute at the base, serrate, short-petioled ; corymbs simple, few-flowered ; flowers rose-color, very fragrant ; styles smooth, distinct. — Open woods, Florida to Mississippi, and northward. April. — A small tree. Fruit very sour. * * Leaves simple, the midrib glandular above : fruit baccate, globose. 3. P. arbutifolia, L. Leaves oval-oblong or somewhat obovate, abruptly acute or mucronate, smooth above, except the midrib, finely serrate ; styles vil- lous at the base. Var. erythrocarpa. Stem tall (5° -10°); branchlets, cymes, and lower surface of the large (2' -4') leaves tomentose and hoary ; petals and anthers red- dish ; berries red. (Aronia arbutifolia, Ell.) CALYCANTHACE.E. (CAROLINA-ALLSPICE FAMILY.) 129 Var. melanocarpa. Stem low (2°- 4°) ; branchlets, cymes, and leaves smooth or nearly so ; leaves small ; petals white ; berries black. (Aronia me- lanocarpa, Ell.} — Swamps, Florida to Mississippi, and northward. March and April. * * * Leaves unequally pinnate : cymes compound : fruit Ixiccate. 4. P. Americana, DC. Leaflets 13-15, lanceolate, acuminate, serrate above the middle, soon smooth ; cymes large, dense ; berry small, globose or pear-shaped, scarlet. (Sorbus microcarpa, Pursh.) — Highest mountains of North Carolina. May and June. — A shrub or small tree. Fruit acid. 17. AMELANCHIER, Medic. Calyx 5-cleft. Petals 5, oblong. Stamens numerous, short. Styles 5, more or less united. Fruit baccate, containing 3-5 cartilaginous 2-seeded carpels ; seeds separated by a false partition. — Shrubs or small trees, with simple leaves, and white flowers in terminal racemes. 1. A. Canadensis, L, var. Botryapium, Torr. & Gray. Branches, leaves, and racemes tomentose when young, soon smooth ; leaves elliptical, ab- ruptly acute, finely and sharply serrate, often slightly cordate ; racemes slender, appearing before the leaves ; petals four times as long as the calyx ; fruit glo- bose, purplish. (Aronia Botryapium, Ell. ) — Woods, Florida to Mississippi, and northward. February and March. — A small tree, with smooth whitish bark. Var. rotundifolia, Torr. & Gray. Shrubby ; leaves roundish-oval, some- what acuminate, sharply serrate; racemes 6-10-flowcred ; petals small, nar- rowly oblong. (Aronia ovalis, Ell.) — Low grounds, chiefly in the upper dis- tricts, Georgia and northward. March. — Shrub 2° - 3° high. The cultivated representatives of this order are the PLUM (PRUNUS DOMES- TICUS, L.), APRICOT (P. ARMENIACA, L.), CHERRIES (P. AVIUM and P. CE- RASUS, Z/.), PEACH (PERSICA VULGARIS, Mill.}, APPLE (PYRUS MALUS, L.), PEAR (P. COMMUNIS, L.), QUINCE (CYDONIA VULGARIS, Pers.), and the ALMOND (AMYGDALUS). ORDER 49. CALYCANTHACE^E. (CAROLINA-ALLSPICE FAMILY.) Shrubs, with opposite and entire leaves, without stipules or pellucid dots. — Sepals and petals numerous and alike, united below into an ob- conical fleshy cup, imbricated in the bud. Stamens numerous, short, inserted within the petals, the inner ones often sterile. Anthers adnatc, extrorse. Ovaries several, enclosed in the calyx-tube, and inserted on its inner face, becoming 1-seeded achenia in fruit. Seeds anatropous, without albumen. Cotyledons convolute. 130 MYRTACE.E. (MYRTLE FAMILY.) l 1. CALYCANTHUS, L. SWEET-SCENTED SHRUB. Calyx -tube closed, leafy-bracted ; the lobes and petals in several rows, lanceo- late, somewhat fleshy. Stamens deciduous. Mature fruit dry, pear-shaped, enclosing the large achenia. — Aromatic shrubs, with opposite or forking branch- es, short-petioled deciduous leaves, and large brownish-purple terminal flowers. 1. C. floridus, L. Branchlets, petioles, and peduncles hoary-pubescent; leaves oval or oblong, mostly acute or acuminate, very rough on the upper surface, tomentose and hoary beneath ; sepals and petals linear-lanceolate, acute. — Banks of streams in the upper districts, North Carolina to Mississippi. April. — Shrub 4° -8° high. Leaves 2' -3' long. Flowers 1' in diameter, very fra- grant. 2. C. laevigatus, Willd. Branchlets, petioles, and peduncles pubescent or smoothish ; leaves oblong or elliptical, mostly acute or acuminate, rough on the upper surface, paler and nearly smooth beneath ; sepals and petals linear- lanceolate, acute. (C. inodorus, Ell, leaves very rough above, but shining ; flowers inodorous.) — Banks of streams, chiefly in the low country, Florida, Georgia, and westward. March and April. — Shrub 4° - 8° high. Leaves 2' - 3' long. Flowers 1^' in diameter. 3. C. glauc US, Willd. Branchlets, petioles, and peduncles smooth ; leaves large, ovate or ovate-lanceolate, acuminate, green and roughish on the upper surface, smooth and glaucous beneath ; flowers large, the sepals and petals lan- ceolate, and abruptly sharp-pointed. — Low shady woods along the mountains of Georgia and North Carolina. May and June. — Shrub 6° - 8° high. Leaves rather rigid, 4' -7' long. Flowers lj'-2' in diameter. The POMEGRANATE (PUNICA GRANATUM, L.) belongs to the allied order GRANATE^E. ORDER 50. MYRTACE^E. (MYRTLE FAMILY.) Trees or shrubs. Leaves opposite, simple, entire, dotted and commonly with an intra-marginal vein. Stipules none. — Calyx 4 - 6-cleft, valvate in the bud, the tube adherent to the compound ovary. Petals 4-6, inserted with the numerous stamens on the throat of the calyx, sometimes wanting. Filaments long, free, or variously combined. Anthers introrse, roundish, longitudinally dehiscent. Style solitary. Seeds without albu- men, fixed to a central placenta. 1. EUGENIA, Micheli. ALLSPICE. Calyx-tube roundish, the limb 4-cleft. Petals 4. Stamens distinct. Ovary 2 - 3-celled, with several ovules in each cell. Fruit baccate, roundish, 1 - 2-celled, 1-2-seeded. Cotyledons thick and united. Eadicle very short. — Flowers white, axillary, solitary, cymose, or clustered, 2-bracted. MELASTOMACE^E. (MELASTOMA FAMILY.) 131 * Flowers in axillary cymes* 1. E. dichotoma, DC. Leaves oblong-obovate, obtuse or cmarginatc, rigid, and, like the branches, roughened with appressed hairs, at length smooth- ish, the margins revolute ; peduncles twice as long as the leaves, 3 - 7-flowered, the central flowers sessile ; calyx-tube obconical, 2-bracted, downy and hoary, the lobes roundish, spreading ; petals orbicular, ciliate ; stamens numerous. — South Florida. — A small tree. Leaves 1' long. Branches compressed. * * Flowers solitary or umbellate. 2. E. procera, Poir. Smooth; leaves ovate, tapering but obtuse at the apex, abruptly contracted at the base into a short petiole ; peduncles solitary or 2-4 together, filiform, not half the length of the leaves, 1 -flowered; calyx-tube hemispherical ; petals orbicular, ciliate ; berry globose, 1 -seeded. — South Flor- ida. May. — A small tree. Leaves 1^'- 2' long. Flowers conspicuous, white and fragrant. Berry as large as a grain of pepper. * * * Flowers minute, in very short cluster-like racemes. 3. E. monticola, DC. Smooth; leaves coriaceous, ovate-oblong, some- what tapering towards the apex, but obtuse or emarginate, contracted at the base into a distinct petiole ; racemes clustered, several-flowered, shorter than the peti- ole ; stamens numerous ; berry globose. — South Florida. — Shrub 4° - 6° high. Branches compressed. Leaves 2' long. Flowers white. Berries abundant, as large as a grain of pepper, black. 4. E. buxifolia, Willd. ? Leaves smooth, coriaceous, obovate-oblong, rounded at the apex, short-petioled ; racemes single or clustered, few-flowered, about as long as the petiole ; flowers minute ; stamens few (9 - 12) or numerous ; berry 1 - 3-seeded. — South Florida. — Varies much in the size of the leaves and berries, length of the petiole, and number of stamens, and probably includes two or more species. 2. CALYPTBANTHES, Swartz. Calyx-tube obovate; the limb entire, opening across like a lid, deciduous. Petals none. Stamens numerous. Ovary 2 - 3-celled, with 2 ovules in each cell. Berry 1-celled, 1-4-seeded. Seeds roundish: testa smooth. Embryo curved ; the long and slender radicle coiled around the distinct unequal folded and contorted cotyledons. — Shrubs or trees. Peduncles axillary, many-flow- ered. 1. C. Chytraculia, Swartz. Leaves ovate and ovate-lanceolate, acumi- nate but obtuse, pubescent, becoming smooth above ; peduncles longer than the leaves, cymose-panicled, tomentose; flowers minute; berry dry, globose, 1-2- seeded. — South Florida. — A small tree. ORDER 51. MELASTOMACE^E. (MELASTOMA FAMILY.) Herbs, shrubs, or trees, with opposite 3 - 9-ribbed leaves, without dots or stipules, and showy flowers. — Calyx urn-shaped, 4 - 6-lobed, persistent, 132 HELASTOMACE^. (MELASTOMA FAMILY.) cohering with the ovary below, or with its angles. Petals 4-6, twisted in the bud, inserted with the 4-12 stamens on the throat of the calyx. An- thers adnate, often appendaged, usually opening by terminal pores. Ovary 3 - 6-celled. Ovules numerous, attached to the central placentae. Style solitary. Fruit baccate and indehiscent, or capsular and loculicidally de- hiscent. Seeds anatropous, without albumen. 1. BHEXIA, L. DEER-GRASS. Calyx-tube prolonged and narrowed above the ovary, 4-cleft. Petals 4, round- ish, deciduous. Stamens 8. Anthers 1-celled, opening by a terminal pore. Capsule 4-celled, many-seeded. — Perennial herbs. Leaves 3 - 5-ribbed. Flow- ers cymose, terminal. * Anthers long, linear, curving upward, saccate at the base, and commonly furnished, with a bristle-like appendage at the insertion of the filaments : flowers purple or whitish. 1. B. Mariana, L. Bristly; stem branched, terete or 6-angled ; leaves lanceolate, acute, short-petioled, bristly serrate ; calyx mostly smooth, cylindri- cal in flower, the neck in fruit as long as the globose capsular portion ; flowers purple. — Varies with narrower, often linear leaves, and smaller whitish flowers. (R. lanceolata, Walt.) — Swamps, Florida to Mississippi, and northward. July -Sept. — Stem l°-2° high. Leaves 3-ribbed. Flowers l£'~2' wide, hairy externally. 2. B. "Virginica, L. Bristly ; stem 4-angled, nearly simple ; leaves ovate and ovate-lanceolate, barely acute, sessile, bristly serrate, the lowest rounded ; neck of the bristly fruiting calyx shorter than the capsular portion ; the lobes ovate, acuminate. — Swamps, chiefly in the upper districts, Mississippi, and northward. July and August. — Stem 6' -12' high. Leaves 3 -5-ribbed. Flowers purple. 3. B. Stricta, Pursh. Stem tall, smooth, 4-winged, bearded at the joints ; leaves lanceolate and ovate-lanceolate, acute or acuminate, 5-ribbed, bristly ser- rate, sessile ; cyme compound ; calyx smooth, urn-shaped, the lobes lanceolate. — Margins of ponds in the pine barrens. Florida, Georgia, and westward. July and August. — Stem 2° -4° high. Leaves rugose, the lateral ribs obscure. Flowers purple. 4. B. glabella, Michx. Stem terete, smooth, mostly simple; leaves lanceolate, sessile, entire or slightly serrulate, thick, smooth and glaucous ; calyx smooth or bristly ; flowers large, bright purple. — Low pine barrens, Florida to North Carolina, and west to Mississippi. June - August. — Eoot spongy. Stem 2° -3° high. Leaves sweetish. * * Anthers short, oblong, erect, not appendaged : neck of the calyx short. •«- Flowers purple : leaves small, ovate or roundish, bristly serrulate. 5. B. ciliosa, Michx. Stem simple, smooth, 4-angled above ; leaves bristly on the upper surface, 3-ribbed ; cyme few-flowered, leafy; calyx smooth.— Bogs in the pine barrens, Florida to Mississippi, and northward. July and LYTHRACEJE. (LOOSESTRIFE FAMILY.) 133 August. Stem l°-l£° high. Leaves rarely 1' long. Flowers !'-!£' in diameter. 6. R. serrulata, Nutt. Low; stem simple, 4-anglcd, smooth; leaves smooth above ; calyx glandular-bristly ; cyme leafy, 1 - 6-flowcred. — Open flat pine barrens, near the coast, Florida, Georgia, and westward. July and August. — Stem 2' -G' high. Leaves and flowers smaller than in the preceding. -t- -»- Flowers yellow. 7. R. lutea, Walt. Stem at length much branched, 4-angled, bristly; leaves smoothish, bristly serrulate, the lower ones obovate and obtuse, the upper lanceolate and acute ; cymes numerous ; calyx short and smooth ; flowers small. — Pine-barren swamps, Florida to North Carolina, and westward. July and August. — Stem 1° high. Petals more persistent than those of the other species. ORDER 52. I/STTHRACE^E. (LOOSESTRIFE FAMILY.) Chiefly herbs, with opposite or whorled and entire leaves, -without stip- ules. Flowers mostly axillary. — Calyx tubular, persistent, 4 - 7-toothed, free from the 2 - 4-celled ovary. Petals as many as the teeth of the calyx and inserted into its throat, deciduous, sometimes wanting. Stamens as many as the petals, or 2-4 times as many, inserted below the petals. Anthers short, introrse. Style solitary. Capsule enclosed in the calyx, 1 - 4-celled, few or many-seeded. Placentae central. Seeds anatropou?, without albumen. — Sinuses of the calyx often appcndaged. Stigma capi- tate, or rarely 2-lobed. Synopsis. * Calyx regular. 1. HYPOBRYCHIA. Calyx hemispherical. Petals none. Stigma 2-lobed. Capsule 2-celled 2. AMMANNIA. Calyx campanulate. Stigma capitate. Capsule 4-celled. 3. LYTHRUM. Calyx cylindrical, striate. Capsule oblong, 2-celled. 4. NES^A. Calyx short, even. Capsule globose, 3 - 6-celled. Stamens 10. * * Calyx gibbous at the base. 5. CUPHEA. Calyx tubular, 12-ribbed. Stamens mostly 12. Capsule early ruptured. 1. HYPOBBYCHIA, M. A. Curtis. Calyx hemispherical or campanulate, 4-lobed. Petals none. Stamens 2-4. Style very short : stigma 2-lobed. Capsule globose, 2-celled. — A submerged aquatic herb, with long filiform stems, opposite crowded pellucid linear leaves, and minute sessile axillary flowers. 1. H. Nuttallii, Torr. & Gray. — Ponds and still water, West Florida to North Carolina, and westward. June -Aug. — Stems 1°- 2° long. Leaves 1' long, acute. Flowers not larger than a pin's head. 12 134 LTTHRACE^E. (LOOSESTRIFE FAMILY.) 2. AMMANNIA, Houston. Calyx globular or campanulate, 4-angled, 4-toothed, the sinuses commonly furnished with a small horn-shaped appendage. Petals 4, small, deciduous, sometimes wanting. Stamens 4, short. Stigma capitate. Capsule globular, 4-celled, many-seeded. — Low smooth annual herbs, with opposite leaves, and solitary or clustered axillary flowers. 1. A. humilis, Michx. Stem branching from the base ; leaves lanceolate, tapering into a petiole ; flowers solitary ; style very short ; petals 4, purplish. — Varies with the leaves dilated and somewhat cordate at the base, and the lower flowers clustered. (A. ramosior, MicJix.) — Ditches and muddy places, Florida to Mississippi, and northward. August and September. — Stem 6' - 12' high. 2. A. occidentalis, DC. Stem nearly simple, ascending, rooting at the base ; leaves lanceolate, narrowed into a petiole ; flowers solitary, apetalous ; calyx 8-toothed. Var. pygmsea. Stem very short (£'-!' long); sinuses of the calyx ap- pendaged, emarginate, as long as the teeth ; style short. — Key West, Dr. Blodgett. — Leaves obtuse. Stem 1 T 6-flowered. 3. LYTHRUM, L. LOOSESTRIFE. Calyx cylindrical, striate, 4 - 7-toothed, usually with minute appendages in the sinuses. Petals 4-7. Stamens as many as the petals, or twice as many, in- serted on the lower part of the calyx, nearly equal. Capsule oblong, 2-celled, many-seeded. — Herbs, with opposite or alternate leaves, and axillary purple or whitish flowers. 1. L. alatum, Pursh. Smooth; stem and virgate branches 4-angled; leaves lanceolate, acute at both ends, opposite, the uppermost alternate, and shorter than the flowers ; petals and stamens 6. — Varies with branches shorter, leaves larger (2' long), broadly lanceolate, sometimes whorled, the uppermost twice as long as the calyx. (L. lanceolatum, Ell.) — Swamps and river-banks, Florida and northward. July - September. — Stem 2° - 4° high. Flowers violet-purple. 2. L. lineare, L. Smooth ; stem 4-angled, much branched ; leaves all opposite, linear ; flowers small, whitish ; petals and stamens 6. — Brackish marshes, Florida and northward. August. — Stem 2° - 4° high. Calyx-teeth short. 4. NES^A, Commerson. Calyx hemispherical or campanulate, with 4-7 erect teeth, and as many longer and spreading horn-like appendages in the sinuses. Petals 4-7. Stamens twice as many as the petals. Capsule globose, 3 - 4-celled. — Perennial herbs or shrubby plants, with opposite or whorled leaves, and clustered pedicelled flowers in their axils. 1. N. verticillata, H.B.K. Shrubby; stems pubescent, recurved; leaves opposite and whorled, lanceolate, tomentose beneath ; peduncles short, 3 or RHIZOPHORACE^E. (MANGROVE FAMILY.) 135 several-flowered ; petals 5, showy ; stamens 10, the alternate ones shorter. (Decodon verticillatum, Ell.) — Marshes and margins of ponds, Florida and northward. August. — Stems 3° - 4° long. Flowers purple. 5. CUPHEA, Jacq. Calyx tubular, 12-ribbed, gibbous or spurred at the base on the upper side, 6-toothed, and usually with as many little appendages in the sinuses. Petals 6, unequal. Stamens 11-12, unequal. Ovary with a gland at the base next the spur of the calyx. Style filiform. Stigma 2-lobed. Capsule 1 - 2-celled, few- seeded. — Chiefly herbs, with branching stems and purplish flowers. 1. C. viscosissima, Jacq. Annual, clammy-pubescent; leaves thin, op- posite, ovate-lanceolate, long-petioled, rough ; flowers nearly sessile, borne be- tween the petioles, solitary ; petals violet-purple ; stamens 12. — Upper districts of Georgia, and northward. August. — Stem 1° high. * 2. C. aspera, n. sp. Perennial; muricate-hispid and clammy; leaves 3 -4 in a whorl, lanceolate, nearly sessile ; peduncles longer than the leaves, borne between the petioles (whorled) ; petals white or pale-purple; stamens 11. — Low pine barrens, St. Joseph's, Florida. Stem 1° - 1£° high. Leaves 1' long, rigid. Boot bearing small tubers. The CRAPE MYRTLE (LAGERSTRCEMIA INDICA, L.), originally from Eastern Asia, is common in cultivation. ORDER 53. RHIZOPHORACE-^. (MANGROVE FAMILY.) Trees or shrubs, growing in maritime swamps, with opposite, entire, co- riaceous leaves, and deciduous stipules between the petioles. — Calyx united with the ovary, 4 - 1 2-lobed, valvate or lid-like in the bud. Petals as many as the calyx-lobes and alternate with them. Stamens twice or several times as many as the petals, and inserted with them on the calyx. Ovary 2-celled with the cells 2-ovuled, or 1-celled and several-ovuled. Ovules pendulous. Fruit 1-celled, indehiscent. Albumen none. Radicle elongated. 1. RHIZOPHOBA, L. MANGROVE. Calyx-tube obovate, the limb 4-lobed, persistent. Petals 4, oblong, emargi- nate, enfolding the alternate stamens in the bud, woolly on the margins. Sta- mens 8. Anthers linear-oblong. Ovary 2-celled. Fruit encircled above the base by the persistent calyx-lobes, at length perforated at the apex by the radicle of the germinating embryo. — Flowers axillary, showy. 1. H. Mangle, L. Leaves obovate-oblong ; peduncles 2 - 3-flowered ; ger- minating embryo clavate ; flowers pale yellow. — Shallow muddy shores, South Florida, forming dense low thickets. 136 COMBRETACEJE. (COMBRETUM FAMILY.) ORDER 54. COMBRETACE.7E. (COMBRETUM FAMILY.) Tropical trees or shrubs, with entire exstipulate leaves, and axillary spiked or capitate flowers. — Calyx-tube coherent with the 1-celled, 2-5- ovuled ovary ; the limb 4 - 5-cleft, mostly deciduous. Petals 4-5, often wanting. Stamens 4-15, inserted with the petals on the calyx. Style slender : stigma simple. Fruit drupaceous or baccate, or dry and indehis- cent, often winged. Seed solitary, suspended, anatropous, without albu- men. Cotyledons convolute or variously folded. 1. LAGUNCITLARIA, Gort. Flowers in spikes. Calyx-tube obconical, the limb 5-parted, obtuse, persist- ent. Petals 5, minute. Stamens 10. Style subulate; stigma capitate. Ovary 1-celled, 2-ovuled. Drupe coriaceous, cuneate-obovate, compressed, angled, 1-seeded. Seeds germinating in the drupe. Cotyledons convolute. Kadicle elongated. — Maritime shrubs, with opposite elliptical smooth and fleshy leaves, on biglandular petioles, and small flowers, in simple or compound axillary and terminal spikes. 1. L. racemosa, Gsert. Spikes erect, rigid, hoary-tomentose, the lateral ones solitaiy, the terminal ones in threes, simple or branched ; flowers scattered ; calyx-tube obconical, furrowed, wing-angled in fruit. — South Florida. June to Aug. — A shrub or small tree, with the habit of the Mangrove. 2. L. glabriflora, Presl. Spikes spreading, slender, smooth, the lateral ones in pairs, the terminal ones in threes or fours ; flowers minute, crowded, deciduous ; calyx-tube cup-shaped, terete, even, with two opposite bractlets ap- pressed to sides. — Banks of the Manitee River, South Florida, Rugel. June. — Perhaps a sterile form of the preceding. 2. CONOCABPUS, Gaert. Flowers densely crowded in a globular head. Calyx-tube about as long as the compressed 2-ovuled ovary ; the limb 5-cleft, deciduous. Petals none. Sta- mens 5-10, exserted. Anthers cordate. Fruit coriaceous, scale-like, closely imbricated and indehiscent. Cotyledons convolute. — Trees or shrubs, with alternate entire and somewhat fleshy leaves. Heads of flowers spiked or panicled. 1. C. erecta, Jacq. Branchlets angular, smooth; leaves smooth, oblong or lanceolate, acute or acuminate, narrowed into a biglandular petiole ; heads of flowers sessile, or on short and spreading pedicels ; cone of fruit ovoid. — Var. SERICEA, DC. Branches, leaves, and panicles silky and hoary; lowest leaves mostly obovate and obtuse or emarginate ; ovary abortive. — Sandy sea-shore, Tampa Bay, Florida, and southward. January and February. — A shrub or small tree. Leaves 2' - 4' long. Heads of fruit 3" - 6" long. Flowers greenish, minute. ONAGRACE^. (EVENING-PRIMROSE FAMILY.) 137 3. TERMINALLY, L. Flowers in spikes, often polygamous. Limb of the calyx deciduous, bell- shaped, 5-cleft, with the lobes acute. Petals none. Stamens 10, in 2 rows, longer than the calyx. Ovary 2-3-ovuled. Style filiform. Drupe dry and indehiscent, 1-seeded. Seed almond-like. Cotyledons spirally convolute. — Trees or shrubs, with mostly alternate leaves, which are crowded at the summit of the branches. 1. T. Catappa, L. Leaves short-petioled, softly pubescent when young, at length smoothish, obovate, wedge-shaped but truncated or slightly cordate at the base, with a depressed gland on each side of the midrib near the base ; spikes very slender, shorter than the leaves, the upper flowers sterile ; drupe ovate, acute, compressed, with the margins somewhat winged. — South Florida. — A large tree. Leaves 4' - 8' long. Flowers minute, pale green. ORDER 55. ONAGRACEJE. (EVENING-PRIMROSE FAMILY.) Calyx adherent to the ovary, and often produced into a tube beyond it, 2-6-lobed, valvate in the bud. Petals as many as the lobes of the calyx, inserted into its throat, convolute in the bud, sometimes wanting. Stamens as many or twice as many, inserted with the petals. Ovary 2 - 4-celled. Placenta central. Style solitary: stigma capitate or 2-4-lobed. Cap- sule loculicidally dehiscent or indehiscent. Seeds anatropous, with little or no albumen. — Chiefly herbs. SUBORDER I. ONAGRACEJE. Styles slender. Fruit 4-valved (indehiscent in Gaura). Seeds attached to a central placenta, without albumen. * Calyx-tube produced beyond the ovary. 1. GAURA. Capsule nut-like, indehiscent, 1-4-seeded. 2. (ENOTHERA. Capsule 4-valved, many-seeded. * * Calyx-tube not produced beyond the ovary. 3. EPILOBIUM. Stamens 8. Petals 4. Seeds comose. 4. JUSSLEA. Stamens 8 -12. Petals 4 -6. Capsule long. Seeds naked. 6. LUDW1GIA. Stamens 4. Petals 4, or none. Capsule short, many-seeded. 6. CIBC^IA. Stamens 2. Capsule obovate, 1-2-seeded. SUBORDER II. HALORAGE.ZE. Styles very short or none. Fruit indehiscent. Seeds suspended, solitary in each cell. Albumen thin. — Flowers minute, axillary. 7. PROSERPINACA. Flowers perfect. Stamens 3. Capsule 3-angled. 8. MYRIOPHYLLUM. Flowers monoecious. Stamens 4 -8. Capsule 4-angled. 1. GAURA, L. Calyx-tube much produced beyond the ovary, the limb 3-4-lobed, rcflexed, deciduous. Petals 3-4, clawed, unequal or turned to the upper side. Stamens 12* 138 ONAGRACE^E. (EVENING-PRIMROSE FAMILY.) 6-8. Style declined : stigma 4-lobed. Ovary 3-4-celled. Fruit 3 - 4-angled, mostly 1-celled, 1 -4-seeded. — Herbs with alternate leaves, and white or purple flowers in a long-peduncled raceme or spike. 1. G. biennis, L. Soft-hairy; leaves oblong-lanceolate, acuminate, be- coming smoothish, wavy-denticulate on the margins ; petals spatulate, white ; fruit obtusely 4-angled, acuminate at both ends, sessile. — Dry soil, Georgia to Tennessee, and northward. July and August. (|) — Stem 3° - 8° high. Spikes compound. j 2. G. angUStifolia, Michx. Stem simple, or sparingly branched, closely pubescent ; leaves lanceolate, acute, coarsely-toothed, often blotched with purple ; the uppermost linear and nearly entire ; fruit nearly sessile, acute at both ends, sharply 3 -4-angled. — Dry old fields and sandy places near the coast, Florida to North Carolina, and westward. June - August. (2) — Stem 2° - 3° high. Flowers white. 3. G. filipes, Spach. Pubescent and somewhat hoary, becoming smooth- ish ; stem slender, paniculately branched ; leaves linear, toothed, wavy ; fruit ovoid, obtuse, sharply 4-angled, on slender pedicels. — Dry pine barrens, Florida to South Carolina, and westward. July - Sept. (f) ? — Stem 2° - 3° high, very leafy. 2. CENOTHEBA, L. EVENING-PRIMROSE. Calyx-tube produced beyond the ovary ; the limb 4-lobed, reflexed and decid- uous. Petals 4. Stamens 8. Stigma 4-lobed. Capsule 4-valved, many-seeded. — Herbs, with alternate leaves, and axillary or racemose chiefly yellow flow- ers. Pollen-grains triangular, connected by cobwebby hairs. * Capsule cylindrical, sessile: flowers expanding at night : annuals or biennials. 1. CE. biennis, L. Hairy, hirsute, or smoothish ; stem tall, often simple ; leaves lanceolate and ovate-lanceolate, acute, wavy and toothed or serrate on the margins ; the earliest ones sometimes pinnatifid ; spikes leafy, at length elon- gated ; calyx-tube longer than the lobes ; flowers large. (CE. muricata, Pursh. CE. grandiflora, Ait.} — Fields and waste places, everywhere. June -Sept. — Stem 2° - 4° high. Varies greatly in pubescence and size of the flower. 2. CE. sinuata, L. Hairy or downy ; stems ascending or diffuse; leaves oblong, pinnately lobed, the lowest pinnatifid ; flowers small, axillary ; calyx and capsule hairy. Passes through several intermediate forms into Var. HUMI- FITSDM, Torr. & Gray. Stems prostrate, hoary ; leaves small, lanceolate, spar- ingly toothed or entire. — Fields and waste places, common ; the variety in drifting sand along the coast. May - Sept. — Stems 2' - 2° high. * * Capsule obovate or clavate, furrowed, and more or less pedunckd : flowers ex- panding in sunshine. 3. CE. glauca, Machx. Smooth and somewhat glaucous ; leaves sessile, oblong-ovate, wavy-denticulate, acute ; racemes few-flowered, leafy ; flowers large ; capsule ovoid-oblong, 4-winged, tapering into a short pedicel. (CE. Fraseri, Pursh.) — Mountains of Georgia, North Carolina, and Tennessee. May ONAGRACE.*:. (EVENING-PRIMROSE FAMILY.) 139 -July. Ij. — Stem branching, 2° -3° high. Leaves 2' -3' long. Flowers 2 ' in diameter. 4. CE. riparia, Nutt. Stem slightly pubescent, very leafy ; leaves linear- lanceolate, remotely denticulate, narrowed into a short petiole ; raceme short, leafy at the base, elongated in fruit ; flowers large ; capsule oblong-clavate, dis- tinctly pedicellcd, slightly 4-winged, with 4 strong intermediate ribs. — Swamps and river-banks, Florida and northward. June and July. (2) — Stem 2° - 3° high. Leaves 2' - 4' long, pubescent on the midrib and margins. Flowers 2' in diameter. 5. (E. frilticosa, L. Hairy or smoothish ; stem mostly simple ; leaves lanceolate, commonly wavy and remotely denticulate on the margins ; raceme at first corymb-like, at length elongated ; flowers large ; capsule 4-winged, with in- termediate ribs, oblong-clavate, longer than the pedicel. — Fields, Mississippi to North Carolina, and northward. June -Sept. ty— Stem l°-2° high. Flow- ers 1' - 2' in diameter. 6. CE. linearis, Michx. Stem slender, smooth below, pubescent above ; the young branches hoary ; lowest leaves obovate ; the others linear-lanceolate, entire or sparingly denticulate ; raceme short, many-flowered, leafy ; capsule ob- ovate, 4-winged, with conspicuous intermediate ribs, mostly shorter than the pedicel. — Dry light soil, Florida to Mississippi, and northward. April - June. — Stem 1° - 1 £° high. Flowers 1' in diameter. 7. CE. pumila, L. Low, smoothish; leaves lanceolate, obtuse; raceme leafy ; flowers small ; capsule oblong-obovate, 4-wing-angled, nearly sessile. — Mountains of Georgia and Carolina, and occasionally also around dwellings in the low country, from seeds introduced in Northern hay. June. — Stem 6'- 12' high. Flowers £' in diameter. 8. CE. linifolia, Nutt. Low, smoothish ; stem at length much branched ; leaves very numerous, linear-filiform, the lowest spatulate ; raceme pubescent, few-flowered ; bracts shorter than the ovary ; flowers small ; lobes of the stigma coherent into a globular head ; capsule obovate, 4-angled, nearly sessile. — Gravelly hills, near Scott's mill, Warren County, Georgia, and westward. June. — Stem 6' - 12' high. Flowers 4" - 5" in diameter. 3. EPILOBIUM, L. WILLOW-HERB. Calyx-tube not prolonged beyond the ovary; the limb 4-cleft, deciduous. Petals 4. Stamens 8. Capsule elongated, many-seeded. Seeds with a tuft of long hairs at the apex. — Perennials, with alternate and opposite denticulate leaves, and chiefly white or purple flowers. 1. E. angustifolium, L. Stem tall, simple, smoothish ; leaves alternate, lanceolate, entire or wavy on the margins, paler beneath ; racemes elongated, bracted ; flowers showy ; petals obovate, purple ; stigma 4-lobed ; capsule and calyx hoary-tomentose. (E. spicatum, Lam.) — Mountains of North Carolina and northward. July. — Stem 3° - 6° high. 140 ONAGRACEJE. (EVENING-PRIMROSE FAMILY.) 2. E. COloratum, Muhl. Stem smoothish, much branched ; leaves mostly- opposite, lanceolate or ovate-lanceolate, denticulate ; raceme leafy ; flowers small, reddish; petals 2-cleft ; stigma clavate; capsule downy. (E. tetragonum, Ph., Ell.) — Swamps in the upper districts, Mississippi to North Carolina, and north- ward. August. — Stem 1 ° - 2° high. 3. E. palustre, L., var. lineare, Gray. Stem pubescent, branching above ; leaves linear, slightly denticulate, the lower ones opposite ; raceme leafy ; flowers small, white or rose-color ; stigma clavate ; capsule hoary. — Mountains of North Carolina, and northward. August. — Stem 1° - 2° high. 4. JUSSLEA, L. Calyx-tube long, 4-angled or cylindrical, not prolonged beyond the ovary ; the limb 4-6-lobed, persistent. Petals 4-6. Stamens 8-12. Capsule mostly elongated, 4 - 6-celled, many-seeded, opening irregularly at the sides. — Marsh herbs, with alternate leaves, and axillary yellow flowers. 1. J. leptocarpa, Nutt. Hairy; stem erect, at length much branched; leaves lanceolate, acute ; flowers small ; calyx-lobes mostly 6, as long as the petals ; capsule linear, cylindrical, much longer than the pedicel. — Marshes, Florida, and westward. June -Sept (J)— Stem 2° -5° high. Capsule !£'• long, slightly curved. 2. J. grandiflora, Michx. Hairy ; stem creeping at the base ; leaves lanceolate, acute ; flowers large ; calyx -lobes 5, half as long as the petals ; ovary (rarely maturing) rather shorter than the pedicel. — Marshes, South Carolina, and westward. May -August. 1|. — Stem 2° - 3° long. Flowers 2' in diam- eter. Capsule cylindrical. 3. J. decurrens, DC. Smooth; stem erect, branched, wing-angled; leaves lanceolate, acute, sessile ; flowers nearly sessile ; calyx-lobes 4, nearly as long as the petals; stamens 8; capsule 4-angled, oblong-clavate. (Ludwigia decurrens, Ell.) — Ditches, &c., Florida to North Carolina, and westward. July - Sept. © — Stem 6' - 3° high. 5. LUDWIGIA, L. SEED-BOX.^ Calyx-tube 4-angled or cylindrical, mostly short, not prolonged beyond the ovary. Petals 4, roundish or obcordate, often wanting. Stamens 4. Style short. Stigma capitate. Capsule variously dehiscent, 4-celled, many-seeded. — Perennial and mostly stoloniferous marsh herbs, with entire leaves, and yellow flowers. * Capsule cubical, indehiscent, discharging the seeds through a central pore of the convex disk : calyx-lobes deciduous : petals large : stamens and style slender : leaves alternate : flowers pedicelled. 1. L. alternifolia, L. Smoothish; stem much branched ; leaves lanceo- late, short-petioled, acute ; calyx-lobes spreading, about as long as the petals ; capsule large, wing-angled. (L. macrocarpa, Michx.) — Shady swamps, Florida ONAGRACE^E. (EVENING-PRIMROSE FAMILY.) 141 to Mississippi, and northward. August. — Stem 2° - 3° high. Flowers axillary, or the upper ones somewhat racemed. 2. L. virgata, Michx. Tomentose; stem slender, simple, or branching from the base ; leaves obtuse, sessile, the lowest oblong, the uppermost linear ; flowers in elongated leafy racemes ; petals twice as long as the reflcxed calyx- lobes ; capsule strongly 4-angled. — Low pine barrens, sometimes in rather dry places, Florida to North Carolina, and westward. July and August. — Stem 2° - 3° high. Varies considerably in pubescence, and size of the flowers and capsule. 3. L. hirtella, Raf. Hairy; stem slender, simple or sparingly branched ; leaves short, lanceolate or oblong, obtuse, sessile and rounded at the base ; flow- ers axillary ; petals twice as long as the erect or spreading calyx-lobes ; capsule strongly angled. (L. pilosa, Ell.) — Flat pine barrens, Florida to Mississippi, and northward. August. — Stem 2° - 3° high. * * Valves of the capsule separating from the concave disk, and irregularly from the persistent partitions and placenta : calyx-lobes persistent : petals small or none : sta- mens and style short : stems erect or ascending : leaves alternate : flowers sessile. -i- Petals conspicuous. 4. L. linearis, Walt. Smooth; stem (l°-3° high) virgately much branched ; leaves linear, acute ; flowers small ; capsule clavate-oblong, with 4 rounded angles, 2-3 times as long as the triangular-ovate calyx-lobes. — Ditch- es and ponds, Florida to Mississippi, and northward. July - Sept. — Bark at the base of the stem spongy. 5. L. linifolia, Poir. Smooth; stem low (6' -12'), creeping at the base, branching ; leaves linear or linear-spatulate, often obtuse ; capsule linear-cylin- drical, rather longer than the lanceolate calyx-lobes. — Ditches and swamps in the low country, Florida to North Carolina, and westward. July - Sept. •t— •»— Petals minute or wanting. 6. L. cylindriea, Ell. Smooth ; stem angled above, often much branched ; leaves long, lanceolate, obscurely denticulate, acute, tapering into a petiole; petals none ; capsules axillary, often clustered, cylindrical or obscurely 4-sided, many times longer than the small calyx-lobes. — Swamps, Florida to South Carolina, and westward. July -Sept. — Stem mostly bushy, 2° -3° high. Leaves 3' -4' long. 7. L. pilosa, "Walt. Tomentose ; stem stout, terete, much branched ; leaves sessile, lanceolate or oblong, acute; flowers in dense terminal spikes; petals mostly wanting ; capsule globose - 4-sided, about as long as the spreading calyx- lobes. (L. mollis, Ell.) — Ditches and ponds near the coast, Florida to North Carolina, and westward. July - Sept. — Stem 2° - 3° high, the branches spread- ing. Capsule whitish. ,;. . •,..„' .- 8. L. sphserocarpa, Ell. Smooth or slightly pubescent ; stem slender, angled above, short-branched ; leaves linear-lanceolate, acuminate ; flowers very small, axillary ; petals none ; capsule globose, pubescent, as long as the calyx- lobes. — Margins of ponds, Florida to Mississippi, and northward, not common. July- Sept. — Stem 2° -3° high. Capsule l"-2" long. 142 ONAGRACE^E. (EVENING-PRIMROSE FAMILY.) 9. L. capitata, Michx. Smooth; stem mostly simple, slender, angled above ; leaves long, lanceolate, acute, sessile, the lowest ones broader and ob- tuse ; flowers in a compact oblong or ovate head, the lower ones sometimes scattered ; petals minute, mostly wanting ; capsule obtusely 4-anglcd, somewhat narrower at the base, longer than the calyx -lobes. — Wet pine barrens, Florida to North Carolina. July and August. — Stem 2° - 3° high. 10. L. lanceolata, Ell.? Smooth; stem stout, terete, at length much branched ; leaves lanceolate, sessile ; flowers very numerous, in all the axils, green ; petals none ; capsule cubical, with the sides flat and the angles mar- gined, twice as long as the calyx-lobes; seeds cylindrical. — Ponds and swamps in the pine barrens, Florida and Georgia. July -Sept. — Stem l°-2° high. Flowers small. ' 11. L. alata, Ell. Smooth; stem slender, simple or sparingly branched near the summit, strongly angled ; leaves cuneate-lanceolate, obscurely denticu- late ; flowers few, near the summit of the branches, white ; petals none ; capsule cubic-obconical, with concave sides and winged angles, as long as the calyx- lobes ; seeds ovoid. — Brackish marshes, Florida to North Carolina, and west- ward. July and August. — Stem 2° - 3° high. 12. L. microcarpa, Michx. Smooth; stem low, creeping at the base, 3-angled, mostly simple ; leaves spatulate-obovate ; petals none ; capsule mi- nute, cubic-obconical, shorter than the calyx-lobes. — Muddy places, Florida to North Carolina, and westward. July and August. — Stem 6' -12' high. Cap- sule scarcely larger than a pin's head. * * * Stems creeping : leaves opposite. H- Petals none. 13. L. palustris, Ell. Smooth ; stems diffuse ; leaves obovate, tapering into a long petiole ; capsule oblong or obconical, obscurely 4-sided, longer than the calyx-lobes. — Ditches and muddy places, common. June- Sept. — Stems 6' -12' long. 14. L. spathlllata, Torr. & Gray. Pubescent and somewhat hoary; leaves spatulate-obovate ; capsule ovoid ; otherwise like the preceding. — Mar- gins of pine-barren ponds, Middle Florida. July and August. t- H- Petals 4. 1 5. L. natans, Ell. Smooth ; stems diffuse ; leaves obovate, acutish, ta- pering into a long petiole ; flowers short-pedicelled ; petals roundish, as long as the lobes of the calyx ; capsule obtusely 4-angled, narrowed at the base. — Marshes and margins of streams, Florida to North Carolina, and westward. July- Sept. — Resembles No. 13, but is every way larger. 16. L. arcuata, Walt. Smooth; leaves lanceolate, narrowed at the base, acute ; flowers on peduncles usually longer than the leaves, 2-bracted at the base ; calyx-lobes linear-lanceolate, shorter than the obovate petals ; capsule cla- vate, curved. — Muddy margins of ponds, &c., Florida to North Carolina. July. — Stems 4' - 8' long. ONAGRACE.E. (EVENING PRIMROSE FAMILY.) 143 6. CIRC.2EA, Tourn. Calyx-tube slightly produced beyond the ovary, the limb 2-cleft, deciduous. Petals 2, obcordate. Stamens 2. Style filiform. Capsule obovate, 1 - 2-celled, 1 - 2-seeded, bristly with hooked hairs. — Perennial herbs, with opposite petioled leaves, and small white or rose-colored flowers in loose terminal racemes. 1. C. Lutetiana, L. Minutely pubescent ; leaves ovate, acuminate, slight- ly toothed, usually longer than the petioles; bracts none; capsule hispid.— Damp shades along the mountains, Georgia and northward. July. — Stem l°-2° high, tumid at the joints. Fruit reflexed. Flowers reddish-white. 2. C. alpina, L. Smooth; stem low (3' -8'); leaves cordate, coarsely toothed, as long as the petioles ; pedicels minutely bracted ; capsule hairy. — With the preceding. 7. PROSERPINACA, L. Calyx-tube 3-sided, 3-lobed. Petals none. Stamens 3. Stigmas 3. Fruit bony, 3-angled, 3-celled, 3-seeded. — Herbs with pinnately dissected leaves, and minute axillary greenish flowers. 1. P. palustris, L. Leaves lanceolate, sharply serrate, the submerged ones pectinate. — Ponds and ditches, Florida to Mississippi, and northward. June -August. — Stem 1°- l£° long, ascending or floating. 2. P. pectinacea, Lam. Leaves all pectinate, the divisions filiform; fruit rugose. — With the preceding. — Stem 3'- 12' long. 8. MYBIOPHYLLUM, Vail. WATER-MILFOIL. Flowers monoecious or polygamous. Calyx 4-parted in the sterile flowers, 4- toothed in the fertile ones. Petals 4 or none. Stamens 4 or 8. Stigmas 4, recurved. Fruit bony, 4-celled, 4-lobed, indehiscent. — Aquatic perennial herbs, with the submerged leaves pinnately divided into filiform or capillary segments, and commonly whorled. Flowers minute in the axils of the upper leaves ; the uppermost sterile. * Stamens 8 : fruit even or warty. 1. M. laxum, Shuttl. Stem long, slender ; leaves 4 in a whorl ; the floral ones reduced to minute nearly entire spatulate bracts, shorter than the flowers, which thus form an interrupted almost naked spike ; fruit roughened with mi- nute warts, with the lobes obtuse. — Ponds and lakes, Middle and West Florida. — July. 2. M. verticillatum, L. Leaves in whorls of 3-4, the floral ones linear, pectinately toothed, much longer than the flowers ; fruit smooth. — Still water, Florida, and northward. July. — Stem 2° - 4° long, stouter than the last. * * Stamens 4 : fruit ridged and roughened. 3. M. heterophyllum, Michx. Stem thick; leaves 4-6 in a whorl, the floral ones crowded, ovate or lanceolate, finely and sharply serrate ; the lower 144 CACTACE.E. (CACTUS FAMILY.) ones pinnatifid ; fruit slightly roughened. — Ponds and ditches, Florida, and northward. July. 4. M. scabratum, Michx. Stem short (6' -12') ; leaves 4- 5 in a whorl, the divisions few and capillary, the floral ones linear, pectinately toothed ; fruit strongly ridged and roughened. — Shallow ponds, South Carolina, and north- ward. June and July. ORDER 06. CACTACEJE. (CACTUS FAMILY.) Succulent, shrubby, and commonly leafless and prickly plants, with globular, or columnar and angular, or flattened and jointed stems, and solitary sessile flowers. — Sepals and petals similar, imbricated in several rows, and adherent to the 1 -celled ovary. Stamens indefinite, with long filaments, inserted on the base of the petals. Style single : stigmas nu- merous. Fruit baccate. Seeds numerous, campylotropous, borne on several parietal placentas. Albumen scanty or none. 1. CEREUS, Haw. Sepals and petals united into an elongated tube above the ovary. Stamens inserted on the tube. Style filiform. Stigma many-lobed. Seeds without al- bumen.— Stems elongated, ribbed or angled; the angles bearing tufts of spines and showy flowers. 1. C. monoclonos, DC.? Stem tall, columnar, 6-8-angled, green; angles obtuse ; spines short, brownish. — Key West. — Stem 4° - 10° high. Flowers 6' long, the inner petals lanceolate, acuminate, white ; the outer ones linear, greenish, and gradually diminishing into the scales of the tube. Stigmas 10 or more, filiform, exserted. Stamens included. 2. C. triangularis, Haw. ? Stem elongated, jointed, 3 -sided, rooting at the joints ; flowers greenish externally, white within, very large ; fruit large, naked. — Key "West. — Stem, climbing over bushes. Joints 1° long. 2. OPUNTIA, Tourn. PRICKLY PEAR. Sepals and petals not united into a tube. Stamens inserted into the base of the petals. Style cylindrical. Stigma 3 - 8-lobed. Seeds with thin albumen. Stems with flat or rarely cylindrical joints. Leaves fleshy, with tufts of bristly hairs and commonly strong spines in their axils, deciduous. Flowers large, yellow. /I. O. FicUS-IndiCTlS, Haw. Stem erect, spreading; joints oval and obovate ; leaves subulate, bristly in the axils, without spines ; fruit bristly, ob- ovate, red within, edible. — South Florida. May. — Joints 1° long. 2. O. VUlgariS, Mill. Stem prostrate; joints obovate, pale; spines few and short ; fruit nearly smooth. — Dry sandy soil, Florida and northward, near the coast. June and July. GROSSULACEJE. (CURRANT FAMILY.) 145 3. O. pOlyantha, Haw. Stem erect ; joints oblong ; spines yellow, strong, unequal ; flowers numerous around the summit of the joints ; stigmas 6. — Key West, and waste places around Apalachicola, Florida. June. 4. O. Pes-Corvi, Leconte. Stems prostrate, diffuse; joints small (!'- 3'), cylindrical or somewhat flattened, easily separable, spiny ; spines by pairs, un- equal, elongated; sepals and petals 8-12, cuneate; stigmas 4; fruit small, fleshy, bristly, 1 - 2-seeded. — Barren sandy places along the coast, Florida and Georgia. May. — Stems 1 ° - 2° long. ORDER 57. GROSSULACE^E. (CURRANT FAMILY.) Spiny or unarmed shrubs, with alternate palmately veined and lobed leaves, without stipules, and with axillary racemose or clustered flowers. — Calyx-tube adherent to the ovary, the limb 5-lobed. Petals 5, small. Sta- mens 5. Ovary 1-celled, with 2 parietal placentae. Styles more or less united. Fruit a 1-celled, many-seeded berry. Seeds anatropous, with the minute embryo at the base of hard albumen. 1. KIBES, L. CURRANT. GOOSEBERRY. Character same as the order. * Stems spiny and commonly bristly : peduncles 1 — 3-flowered. 1. R. Cynosbati, L. Leaves on slender petioles, slightly cordate, round- ish, 3 -5-lobed, pubescent; peduncles 2-3-flowered; stamens and single style not longer than the broad and short calyx-tube ; petals obovate ; berry mostly prickly. — Mountains of North Carolina, and northward. July. — Stem smooth or bristly. Leaves l'-2' in diameter. 2. R. rotundifolium, Michx. Leaves small, smoothish, roundish, 3-5- lobed, often acute at the base, on slender petioles ; peduncles 1 - 2-flowered ; stamens and 2-partcd style longer than the narrow-cylindrical calyx-tube ; petals spatulate ; berry small, smooth. — Mountains of North Carolina, and northward. — Shrub 3°- 4° high, often unarmed. Leaves £' - 1' in diameter. 3. R. gracile, Michx. Axillary spine very short ; leaves on slender peti- oles, pubescent on both sides, the lobes acute, incised, and acutely toothed ; peduncles long, capillary, erect, 1 - 2-flowercd ; calyx smooth, tubtilar-campanu- late. — Mountains of Tennessee. * * Stems without spines or bristles : racemes many-flowered. 4. R. prostratum, L'Herit. Leaves long-petioled, deeply cordate, with about 5 spreading incised and serrate lobes, smootli ; racemes erect ; styld^2- cleft; berry glandular-bristly. — Mountains of North Carolina, and northward. May and June. — Stems reclining. Kacemes 3' -5' long. Leaves 2' -3' in diameter. 5. R. resinosum, Pursh. Plant clothed in every part with resinous glan- dular hairs ; leaves roundish, 3 - 5-lobed ; racemes erect ; bracts linear, longer 13 146 TUKNERACE^E. (TURNERA FAMILY.) than the pedicels ; calyx flattish ; petals obtusely rhomboidal ; fruit hirsute. Mountains of North Carolina. April and May. ( * ) ORDER 58. LOASACE^E. (LOASA FAMILY.) Herbs, commonly armed with bristly barbed and stinging hairs. Leaves alternate, exstipulate. Flowers solitary or clustered. — Calyx-tube ad- herent to the 1-celled ovary, the limb 5-parted and persistent. Petals 5 or 10, inserted on the throat of the calyx. Stamens mostly indefinite, in several parcels, inserted with the petals. Styles united. Capsule irregu- larly dehiscent. Seeds few or many, borne on 3 - 5 parietal placentae, commonly with scanty albumen. 1. MENTZELIA, Plum. Calyx-tube cylindrical or club-shaped. Petals convolute in the bud. Sta- mens commonly 30 or more, the exterior ones often dilated and sterile. Styles 3, united to the middle. Capsule 3-valved at the summit, with 3 parietal pla- centae. Cotyledons broad and flat. — Stems branching. Leaves toothed or sinuate-pinnatifid. Flowers yellow. 1. M. Floridana, Nutt. Leaves deltoid-ovate, toothed, truncate and 2- lobed at the base; stamens about 30; capsule 6-seeded. — South Florida. — Stem 1° high, Flowers small, golden-yellow. ORDER 59. TURNERACEA]. (TURNERA FAMILY.) Herbs or shrubs, with alternate simple exstipulate leaves, and solitary axillary flowers. — Calyx free from the 1-celled ovary, colored, 5-lobed, deciduous. Petals 5, inserted on the throat of the calyx, convolute in the bud. Stamens 5, inserted into the tube of the calyx below the sta- mens. Styles 3, distinct, simple, 2-cleft or 2-parted. Stigmas 3 or 6, many-parted. Placentae 3, parietal. , Capsule loculicidally 3-valved, many-seeded. Seeds anatropous, arilled. Embryo in flashy albumen. — Flowers sessile, or on bracted or jointed pedicels. 1. PIRIQUETA, Aublet. Calyx campanulate. Styles 3, 2-cleft or deeply 2-parted. Stigmas 6, many- parted. Capsule opening to the base into 3 valves. — Herbs with stellate pubes- cence. Flowers on jointed pedicels, yellow. 1. P. fulva. Hirsute with fulvous hairs, and stellate-tomentose ; stem simple or sparingly branched ; leaves lanceolate, obtuse, mostly serrate or toothed, nearly sessile; pedicels (at least the upper ones) longer than the leaves, PASSIFLORACE^:. ( PASSION-FLOWER FAMILY.) 147 often bibracteolate ; petals obovate ; styles 2-parted. (Turnera cistoidcs, Ell. P. villosa, Aub. ?) — Dry light soil, Florida to North Carolina. June and July. 1J. — Stem 1° high. Leaves 2' -3' long, the lowest ones broader. 2. P. tomentosa, H. B. K. Stellate-tomentose throughout; stem sim- ple ; leaves nearly sessile, oblong, acute or obtuse, obscurely crenate, hoary be- neath; pedicels shorter than the leaves. — South Florida. — Stem 1° high. Leaves rather rigid, 1' long. 3. P. glabra. Stem slender, branching, smooth; leaves smooth, linear, entire, the floral ones small and bractlike ; pedicels several times longer than the leaves, and, like the calyx, stellate-tomcntose ; petals spatulate ; styles 2-clcft. (Turnera glabra, DC.?) — South Florida. — Stem l°-2° high. Leaves 2' long. Flowers 1' in diameter. ORDER 60. PASSIFL.ORACEJE. (PASSION-FLOWER FAMILY.) Climbing herbs or shrubs, with alternate mostly stipulate leaves, and ax- illary often showy flowers. — Calyx of 4 - 5 more or less united sepals, commonly bearing at the throat 4-5 petals, and a crown of slender fila- ments in one or more rows. Stamens 4-5, monadelphous below and en- closing the stipe of the ovary. Ovary 1 -celled, with 3-4 parietal pla- centae. Styles 3-4, clavate. Fruit fleshy or baccate. Seeds numerous, anatropous, included in a pulpy sac. Embryo in the axis of fleshy albu- men. 1. PASSIFLORA, L. PASSION-FLOWER. MAY-POP. Calyx-tube very short. Filaments of the crown in 2 or more rows. Fruit baccate, — Tendrils axillary. Peduncles jointed, 1 -flowered. 1. P. incarnata, L. Leaves palmately 3-lobed, acute, serrate; petioles biglandular ; peduncles 3-bracted ; sepals with a horn-like point below the apex, whitish within ; filaments of the crown in about 5 rows, the two outer ones as long as the sepals ; berry large, oval. — In open or cultivated ground, common. June and July. 1|.— Fruit yellowish, as large as a hen's egg. Flowers purple and white. 2. P. lutea, L. Leaves cordate, broadly 3-lobed at the summit, with the lobes rounded and entire ; petioles glandless ; flowers small, greenish-yellow ; peduncles by pairs, bractless ; filaments of the crown in 3 rows, shorter than the sepals. — Woods and thickets, Florida to Mississippi, and northward. June and July. Ij. — Fruit oval, purple, £' in diameter. 3. P. suberosa, L. Leaves smooth, slightly fringed on the margins, 5- nerved at the base, divided above the middle into 3 ovate entire acute lobes, the middle lobe largest; petioles short, biglandular above the middle; peduncles commonly by pairs ; flowers greenish ; petals none ; filaments of the crown shorter than the sepals, purple at the base ; fruit purple. — South Florida. 148 CUCURBITACEJE. (GOURD FAMILY.) 4. P. angUStifolia, Sw'artz. Lower leaves mostly 3-lobed, with the lobes lanceolate, obtuse, and entire ; upper leaves simple, lanceolate, and acute ; peti- oles short, biglandular ; flowers small, solitary or by pairs, the peduncles short and bractless ; petals none, — South Florida. — Stem l°-2° long. Leaves sometimes entire. Flowers 4" - 6" wide, yellowish. Berry purple, as large as a pea. Filaments of the crown in 2 rows. Stamens occasionally 4. Stipules subulate. 5. P. Warei, Nutt. Leaves on short biglandular petioles ; the lower ones 3-lobed, acute ; the upper ovate or oblong, undivided ; stipules subulate ; pedun- cles commonly by pairs, about the length of the petioles ; flowers very small ; segments of the crown few, filiform, shorter than the calyx. — South Florida. — Probably identical with P. pallida of the West Indies. ORDER 61. CUCURBIT A CE^E. (GOURD FAMILY.) Herbs, with succulent stems, climbing by means of lateral tendrils. Leaves alternate, palmately veined or lobed. Flowers axillary, monoe- cious or dioecious. — Calyx 5-toothed, adnate to the ovary. Corolla of 5 distinct, or more or less united petals, coherent with the calyx. Stamens 3-5, free or variously united. Anthers long, straight or tortuous, com- monly connate. Ovary 1 - 3-celled. Stigmas 3. Fruit (pepo) fleshy or pulpy, 1 - 3-celled. Seeds compressed, anatropous, without albumen. Cotyledons leafy. Synopsis. 1. BRYONIA. Petals 5, distinct, or united at the base. Ovary 3-celled. Fruit 3-seeded, smooth. 2. MELOTHRIA. Petals 5, united into a campanulate corolla. Ovary 3-celled. Fruit many -seeded, smooth. 3. SICYOS. Petals 5, united at the base into a rotate corolla. Ovary 1-celled. Fruit 1- seedcd, hispid. 1. BRYONIA, L. Flowers monoecious or dioecious. Calyx 5-toothed. Petals 5, distinct, or united at the base. Stamens 5, triadelphous : anthers tortuous. Style mostly 3-cleft. Fruit ovate or globose, smooth, few-seeded. 1. B. Boykinii, Torr. & Gray. Rough-pubescent; leaves broadly cor- date, 3 - 5-lobed ; the lateral lobes entire or toothed, the middle one cuspidate ; sterile and fertile flowers intermixed, 3-5 in a cluster, short-pedicelled ; styles united ; fruit 3-seeded ; the seeds 3-toothed at the base. — River-banks, Georgia, and westward. June and July. — Stems elongated. Flowers greenish- white. Berry crimson. 2. MELOTHEIA, L. Flowers polygamous or monoecious. Calyx of the fertile flower narrowed above the ovary ; the sterile ones campanulate. Petals 5, united into a campanu- SURIANACE^. - (SURIANA FAMILY.) 149 late corolla. Stamens 5, triaclclphous : anthers tortuous, connate, at length sep- arate Style single, with a cup-shaped disk surrounding its base. Stigmas 3. Fruit oval, smooth, many-seeded. 1. M. pendula, L. Stem filiform, smooth; leaves rough, cordate, with 3-5 angular-toothed lobes ; sterile flowers in small racemes ; the fertile solitary, on long peduncles; fruit oval, blackish, drooping. — Light soil, Florida to North Carolina, and westward. May - August. — Flowers small, yellow. • 3. SICYOS, L. Flowers monoecious. Calyx flattish, with 5 subulate or minute teeth. Petals 5, united below into a rotate corolla. Stamens 5, monadelphous or triadelphous. Ovary 1-celled, 1-ovuled. Style slender. Stigmas 3. Fruit membranaceous, bristly, 1-seedcd. — Annual herbs. Sterile and fertile flowers mostly from the same axil. 1 . S. anglllatus, L. Plant hairy and clammy ; leaves thin, cordate, with 3-5 acuminate denticulate lobes ; sterile flowers racemose ; the fertile ones in peduncled clusters, whitish. — River-banks, Florida, and northward. June- August. ORDER C2. SURIANACE^. (SURIANA FAMILY.) A downy shrub, with alternate crowded exstipulate leaves, and perfect yellow flowers, in small axillary bracted racemes. — Calyx 5-parted, per- sistent ; the base filled with a fleshy torus, which bears the ovaries, petals, and stamens. Petals 5, oblong-obovate. Stamens 10, hairy, the alternate ones short and sterile. Ovaries 5, distinct, with 2 erect collateral ortho- tropous ovules in each. Styles 5, each arising from the central angle of the ovary near the base, thickened upwards. Carpels 1-seeded, indehis- cent. Seeds without albumen. Embryo hooked. 1. SURIANA, Plum. Character same as the order. 1. S. maritima, L. — Sea-shore, South Florida. — Shrub 4° -6° high. Leaves linear-spatulate, fleshy, imbricated near the summit of the branches. Racemes shorter than the leaves. ORDER 63. CRASSULACEJE. (ORPINE FAMILY.) Succulent herbs, with exstipulate leaves, and regular perfect and mostly cymose flowers. Sepals 3 - 20, more or less united at the base, persistent. Petals as many as the sepals, inserted on the base of the calyx, imbricated in the bud, rarely wanting. Stamens as many, or twice as many, inserted 13* 150 CRASSULACE^E. (ORPINE FAMILY.) with the petals. Ovaries as many as the sepals, separate or united below. Carpels several-seeded, opening along the inner suture. Seeds anatropous. Embryo straight, in thin albumen. Synopsis. 1. SEDUM. Carpels distinct. Sepals 4-5. Stamens 8 or 10. 2. DIAMORPIIA. Carpels united at the base. Sepals 4. Stamens 8. 3. PENTHORUM. Carpels united above the middle. Sepals 5. Stamens 10. 1. SEDUM, L. ORPINE. STONE-CROP. Sepals 4 -5. Stamens 8 or 10. Carpels distinct, many-seeded, with an en- tire scale at the base of each. — Herbs smooth and fleshy. 1. S. telephioides, Michx. Stem stout, erect or ascending, very leafy throughout ; leaves alternate, oblong-obovate, toothed or entire ; the lower ones mostly tapering into a petiole, the upper sessile ; cymes compact, erect, many- flowered; petals flesh-color, ovate-lanceolate, acuminate; stamens 10; carpels acuminate, pointed with the slender style. — Dry rocks, along the mountains, Georgia, and northward. June. — Stem 7' - 1 2' high. Leaves 1 ' - 1 £' long. 2. S. ternatum, Michx. Stems low (3' - 8'), branching at the base, ascend- ing ; lowest leaves crowded, spatulate or obovate, 3 in a whorl ; the upper ones scattered, oval or lanceolate ; cyme composed of 3 recurved branches ; stamens 8, those of the central flowers 10. — Mountain-rocks, Georgia, Tennessee, and northward. May and June. 1J. — Flowers white. 3. S. pulchellum, Michx. Stems ascending (4' -12' long) ; leaves very numerous, alternate, linear, obtuse; cyme composed of several recurved or spreading branches ; flowers pale purple ; sepals much shorter than the petals ; stamens 8, those of the central flowers mostly 10; carpels tapering into the long and slender style. — With the preceding. May and June. 4. S. Nevii, Gray. Stems low (3' -5'), ascending; leaves alternate, scat- tered, linear-clavate, obtuse ; flowers sessile, scattered along the widely spread- ing or recurved branches of the simple cyme ; bracts linear, longer than the flowers ; sepals linear-lanceolate, acutish, as long as the lanceolate white petals ; stamens 8, shorter than the petals ; anthers purplish-brown ; carpels tapering into the short subulate style. — Rocky cliffs at Tuscaloosa, Alabama, ~Eev. R. D. Nevius. April and May. 2. DIAMOKPHA, Nutt. Sepals 4, very short. Petals 4, oval, concave. Stamens 8. Carpels 4, united below the middle, at length spreading, 4-8-seeded. — A small (l'-4') succu- lent biennial herb, branching from the base. Leaves terete, fleshy. Flowers white. 1. D. pusilla, Nutt. — On flat rocks in the upper districts, Alabama to North Carolina. March and April. SAXIFRAGACEJS. (SAXIFRAGE FAMILY.) 151 3. PENTHORUM, Gronov. Sepals 5. Petals 5, often wanting. Stamens 10. Carpels 5, united into a 5-celled capsule, spreading at the summit, which falls away at maturity. Seeds numerous. — Perennial (not fleshy) herbs, with alternate serrate leaves, and yellowish flowers on one side of the revolute branches of the simple cyme. 1. P. sedoides, L. Stem erect, l°-2° high; leaves lanceolate; petals commonly none. — Ditches and muddy places, common. July - Sept. ORDER 64. SAXIFRAGACE^E. (SAXIFRAGE FAMILY.) Calyx of 4 - 5 more or less united sepals, free, or more or less adherent to the ovary, persistent. Petals as many as the sepals, rarely wanting. Stamens as many, or 2 - 4 times as many, inserted with the petals on the calyx. Ovaries 2 or sometimes 3-4, commonly united below, and sepa- rate at the summit. Seeds few - many. Embryo straight, in the axis of fleshy albumen. Synopsis* SUBORDER I. SAXIFRAGES. Herbs. Petals Imbricated in the bud. Stipules adnate to the petiole, or none. * Stamens as many as the sepals. 1. LEPUROPETALON. Styles 3. Capsule l-celled, beakless. 2. HEUCIIERA. Styles 2. Capsule l-celled, 2-beaked. 3. BOYKINIA. Styles 2. Capsule 2-celled, 2-beaked. * * Stamens twice as many as the sepals. i- Capsule 2-celled. 4. SAXIFRAGA. Flowers perfect. Stamens 10. Leaves entire or lobed. 5. ASTILBE. Flowers polygamous. Stamens 10. Leaves ternately compound. i- -t- Capsule 1 celled. 6. TIARELLA. Stamens 10. Petals 5, entire. 7. MITELLA. Stamens 10. Petals 5, pinnatifid. 8. CHRYSOSPLENIUM. Stamens 8 -10. Petals none. SUBORDER II. ESCALLONIEzE. Shrubs. Petals valvate in the bud. Stipules none. Leaves alternate. • 9. ITEA. Stamens and petals 5- Flowers in a dense raceme. SUBORDER IH. HYDRANGIE^E. Shrubs. Petals valvate or con- volute in the bud. Leaves opposite. Stipules none. 10. HYDRANGEA. Petals valvate. Stamens 8 - 10. Styles distinct. 11. DECUMARIA. Petals valvate. Stamens 20 or more. Styles united. 12. PHILADELPHUS. Petals convolute. Stamens 20 or more. Styles 4. Capsule 4-valved. 1. LEPUROPETALON, Ell. Calyx-tube turbinate, cohering with the lower portion of the ovary, 5-parted. Petals 5, minute, spatulate. Stamens 5, very short. Styles 3. Capsule globu- 152 SAXIFRAGACEJE. (SAXIFRAGE FAMILY.) lar, 1 -celled, with 3 parietal placentas, many-seeded, loculicidally 3-valved at the apex. — A very small (£' high) tufted annual herb, with alternate spatulate leaves, and solitary terminal white flowers. 1. L. spatkulatum, Ell. — Close damp soil, Georgia (near Savannah) and South Carolina. March and April. 2. HEUCHERA, L. ALUM-ROOT. Calyx campanulate, coherent with the base of the ovary, 5-cleft. Petals 5, spatulate. Stamens 5. Styles 2. Capsule 1 -celled, with 2 parietal placentae, many-seeded, 2-beakcd, opening between the beaks. Seeds rough or hispid. — Perennial herbs, with erect scape-like stems. Leaves chiefly radical, long-peti- oled. roundish cordate, lobed or toothed. Stipules adnate to the petioles. Flow- el's cymose-panicled. * Calyx equal-sided. 1. H. Americana, L. Rough-pubescent ; scape leafless ; leaves crenately or acutely 7 - 9-lobed and toothed, the teeth mucronate ; panicles long, narrow, loosely-flowered ; calyx as long as the white spatulate petals, much shorter than the stamens and very slender styles. — Shady rocky places in the middle and upper districts, Mississippi to North Carolina, and northward. April and May. — Scape 2° -3° high, sometimes with one or two leaves. Leaves 2' -4' wide, on petioles 4' -12' long. 2. H. villosa, Michx. Scape bracted or somewhat leafy, and, like the petioles and lower surface of the leaves, shaggy with long spreading rusty hairs ; leaves sharply 5 - 7-lobed and toothed , panicle loose ; flowers minute ; petals white, very narrow, about as long as the stamens; styles elongated. (H. caulcs- cens, Pursh.) — Mountains of North Carolina and Tennessee. June and July. — Scape 1° - 3° high. Leaves 3' - 8' wide. Flowers about a line in length. 3. H. Curtisii, Gray. Scape and petioles smooth; leaves slightly lobed ; branches of the panicle long, racemose, spreading ; petals purple ? spatulate- lanceolatc, scarcely longer than the calyx ; stamens slightly pubescent. (H. caulescens, /3, Torr. fr Gray.) —Buncombe County, North Carolina, Curtis. — Flowers larger than the last. * * Calyx oldique. 4. H. pubescens, Purlh. Glandular-puberulent; stem (2°) leafy ; leaves round-cordate, acutely 5 - 7-lobed and toothed, with the sinus clqsed ; stipules obtuse, fringed ; flowers nodding ; calyx ovoid, yellowish -green, the ovate lobes obtuse ; petals spatulate, white, and, like the smooth stamens and styles, includ- ed.— Mountains of North Carolina, and northward. June and July. 5. H. hispida, Pursh. Hirsute or minutely glandular-pubescent; leaves 5 -9-lobed, the lobes short, rounded, and mucronately toothed; panicle con- tracted ; the short branches few-flowered ; petals broadly spatulate, purple, rather shorten than the more or less exserted stamens ; styles at length much exserted. — High mountains of North Carolina. May and June. — Scape 2° - 3° high, sometimes smoothish, as well as the t>etioles. Flowers larger than any of the preceding. SAXIFRAGACEJS. (SAXIFRAGE FAMILY.) 153 3. BOYKINIA, Nutt. Calyx turbinatc, coherent with the ovary, 5-cleft. Petals deciduous. Sta- mens 5, short. Styles 2-3. Capsule 2-3-celled, with a central many-seeded placenta, 2-bcaked, opening between the beaks. Seeds smooth. — Erect leafy perennial herbs, with alternate round-cordate palmately lobed and toothed leaves, and small flowers in corymbose cymes. 1. B. aconitifolia, Nutt. Glandular-hairy, or the upper surface of the long-petioled 5 - 7-lobed leaves smoothish ; cymes fastigiate, clammy ; flowers secund, white ; teeth of the calyx triangular-ovate. — Mountains of Georgia, North Carolina, and Tennessee. June and July. — Stem l°-2° high. 4. SAXIPRAGA, L. SAXIFRAGE. Calyx free, or cohering with the base of the ovary, deeply 5-cleft. Petals 5, commonly deciduous. Stamens 10. Styles 2. Capsule 2-cellcd, 2-beaked, opening between the beaks. Seeds numerous, smooth. — Lowest leaves clus- tered. * Stems leafy. 1. S. leucanthemifolia, Michx. Hairy and clammy ; leaves spatulate, coarsely toothed, tapering into a long winged petiole ; the upper ones linear ; panicle diffuse ; petals clawed, unequal, white, the 3 larger ones spotted with yellow. — Mountains of North Carolina. July. — Stem 10' -20' high. * * Stems naked, scape-like. 2. S. erosa, Pursh. Leaves oblong, tapering to the base, sharply toothed ; scape clammy-pubescent ; panicle long, slender, loosely flowered ; sepals reflcxed, nearly as long as the oval white petals ; stigmas sessile. — Shady banks of streams on the mountains of North Carolina, and northward. July. — Scape 1° - 3° high. Leaves 8'- 12' long. 3. S. Virginiensis, Michx. Pubescent ; leaves somewhat fleshy, obo- vate, crenately toothed ; scape clammy ; panicle cymose, dense-flowered ; sepals erect, not half as long as the oblong obtuse white petals ; styles short. — Rocks on the mountains of Georgia, and northward. April end May. — Scape 4' - 12' high. 4. S. Careyana, Gray. Smooth or pubescent ; leaves broadly ovate, cre- nately or sharply toothed, abruptly contracted into a slender petiole ; scape slen- der ; panicle loosely flowered ; sepals spreading, half as long as the lanceolate- oblong, white, faintly spotted petals ; filaments filiform. — Moist shady rocks, on the high mountains of North Carolina. June. — Plant 6' high. 5. S. Caroliniana, Gray. Glandular-pubescent ; leaves all radical, del- toid or ovate, coarsely toothed, abruptly contracted into a margined petiole ; bracts of the scape few ; panicle diffuse ; petals ovate, white, with 2 pale spots below the middle, twice the length of the reflexed sepals ; filaments club-shaped ; carpels turgid, free from the calyx, at length widely spreading. — Damp shady places on the mountains of North Carolina. May and June. — Scape 6' - 12' high. 154 SAXIFRAGACE^E. (SAXIFRAGE FAMILY.) 5. ASTILBE, Hamilton. Flowers polygamo-dioecious. Calyx campanulate, 5-parted, nearly free from the ovary. Petals 5, spatulate, withering-persistent. Stamens 10, exscrted. Styles 2. Capsule 2-celled, few-seeded. Seed-coat loose and thin. — Perennial herbs, with ternately compound leaves, and small yellowish-white flowers, in panicled racemes. 1. A. decandra, Don. — Banks of streams among the mountains of Georgia and North Carolina. June -August. — Stem 3° -5° high. Leaves twice or thrice ternately compound ; the leaflets mostly cordate-ovate, sharply lobed and toothed. Stigmas of the sterile flowers and the stamens and petals of the fertile ones smaller or rudimentary. 6. TIARELLA, L. FALSE MITRE-WORT. Calyx campanulate, nearly free from the ovary, 5-parted. Petals 5, entire. Stamens 10. Styles 2. Capsule membranaceous, 2-valved, the valves very un- equal, 1 -celled, few-seeded. Seeds globular, smooth. — Perennial herbs, with scape-like stems, chiefly radical and petioled leaves, and small racemose flowers. 1. T. COrdifolia, L. Leaves round-cordate, crenately or acutely lobed and toothed, hairy above, pubescent beneath, on long hairy petioles ; scape (6'- 12' high) naked, or bearing 1-2 alternate leaves above the middle; racemes simple or branched, many-flowered ; petals oblong, white or purplish. — Eocky woods and banks, Mississippi, and northward along the mountains. April and May. 7. MITELLA, Tourn. MITRE-WORT. Calyx coherent with the base of the ovary, 5-cleft. Petals 5, pinnatifid. Sta- mens 10. Styles 2. Capsule 2-beaked, 1 -celled, 2-valved at the apex, many- seeded. Seeds smooth, borne on two parietal placentae. — Perennial herbs, with broadly cordate and lobed leaves, and small flowers in a terminal raceme. 1. M. diphylla, L. ' Hairy ; radical leaves cordate, acute, coarsely ser- rate and slightly 3-lobed, on long petioles ; stem-leaves 2, opposite, sessile ; raceme slender, loosely many-flowered. — Shady woods, on the mountains of North Carolina, and northward. May. — Stem 6' - 12' high. Flowers white. 8. CHBYSOSPLENIUM, Tourn. GOLDEN SAXIFRAGE. Calyx-tube coherent with the ovary, 4 - 5-lobed ; the lobes obtuse and yellow within. Petals none. Stamens 8-10, very short, inserted on ,a conspicuous disk. Styles 2. Capsule very short, 2-lobed, 1 -celled, with 2 parietal placentae, 2-valved at the apex, many-seeded. — Smooth and succulent herbs, with round- ish leaves, and axillary flowers. 1. C. Americanum, Schweinitz. Stems prostrate, forking; leaves mostly opposite, roundish, slightly lobed ; flowers solitary, greenish. — Cold and shady SAXIFRAGACE^E. (SAXIFRAGE FAMILY.) 155 streams, among the mountains, Georgia, and northward. April and May. 1J. — Stems 4' - 6' long. 9. ITEA, L. Calyx campanulate, 5-cleft, free from the ovary. Petals 5, lanceolate. Sta- mens 5, shorter than the petals. Styles 2, united. Capsule 2-celled, 2-furrowed, septicidally 2-valved, several-seeded. — A shrub with simple oblong or oval ser- rate pubescent leaves, and close mostly drooping racemes of white fragrant flow- ers terminating the branches. 1. I. Virginica, L. — Swamps, Florida to Mississippi, and northward. May and June. — Shrub 4° - 10° high. 10. HYDRANGEA, Gronov. Calyx-tube hemispherical, 8-10-ribbed, coherent with the ovary; the limb 4-5-toothed, persistent. Petals ovate, valvate in the bud. Stamens 8-10, fili- form. Capsule crowned with the 2 diverging styles, 2-celled, many-seeded, open- ing at the apex between the styles. — Erect shrubs, with opposite petiolcd leaves, without stipules, and whitish or purplish flowers, in ample compound cymes ; the marginal flowers mostly sterile, with the calyx-lobes enlarged and showy. 1. H. arborescens, L. Smoothish; leaves ovate, acute or acuminate, serrate, mostly rounded or cordate at the base; cymes crowded, flat-topped; sterile flowers few or none. (H. vulgaris, Michx. H. cordata, Pursh.) —Banks of streams, Florida to Mississippi, and northward. June and July. — Shrub 4° - 8° high. Leaves 3' - 6' long. 2. H. radiata, Walt. Leaves ovate, acuminate, serrate, mostly cordate at the base, white-tomentose beneath; cymes flat-topped; sterile flowers few. — Rich soil, Georgia, Carolina, and Tennessee. May and June. — Shrub 4° -8° high. 3. H. quercifolia, Bartram. Young branches and leaves densely to- mentose ; leaves oval, sharply 5-lobed, serrate ; cymes clustered, forming a close oblong panicle ; sterile flowers large, numerous. — Shady banks, Florida, Geor- gia, and westward. May and June. — Shrub 3° - 6° high. Leaves 4' - 8' long. Sterile flowers whitish, turning purple. 11. DECUMARIA, L. Flowers all fertile. Calyx-tube turbinate, coherent with the ovary, 7-10- toothed. Petals valvate in the bud, oblong. Stamens 21 - 30. Styles united, persistent. Stigma thick, 7-10-rayed. Capsule 10-15-ribbed, 7-10-celled, bursting at the sides ; the thin partitions at length separating obliquely into nu- merous chaffy scales. Seeds numerous, suspended. — A smooth climbing shrub, with opposite ovate or oblong entire or serrate leaves, and numerous odor- ous white flowers in compound terminal cymes. » 1. D. barbara, L. — Banks of streams, Florida to North Carolina, and westward. May and June. — Leaves shining, sometimes pubescent. Capsule, with the persistent style and stigma, urn-shaped, pendulous. 156 HAMAMELACE.E. (WITCH-HAZEL FAMILY.) 12. PHILADELPHUS, L. SYRINGA. Calyx-tube turbinate, cohering with the ovary , the limb 4 - 5-parted, persist- ent. Petals 4-5, convolute in the bud. Stamens 20-40, shorter than the petals. Styles mostly 4, more or less united. Capsule mostly 4-celled, loculi- cidally 4-valved, many-seeded. — Shrubs with simple opposite 3 - 5-ribbed leaves, without stipules, and large white solitary or cymose flowers. 1. P. grandiflorus, Willd. Branches and leaves pubescent; leaves ovate or ovate-oblong, acuminate, sharply serrate ; flowers solitary, or 2 or more in a terminal cyme ; calyx-lobes ovate, acuminate, much longer than the tube.— Banks of streams, Florida to North Carolina. April and May. — Shrub 6° - 10° high, with long and slender branches. 2. P. inodorus, L. Smooth ; leaves entire or nearly so, ovate or ovate- oblong, acute ; calyx-lobes ovate, acute, as long as the tube. — Upper districts of Alabama to South Carolina. May. — Flowers smaller than in the last. 3. P. hirsutus, Nutt. Hairy ; leaves small, ovate, acute, sharply serrate ; flowers 1-3 together, terminal, and on short lateral branches ; calyx-lobes ovate, as long as the tube. — North Carolina and Tennessee, — A small shrub. Leaves 1' lon. Flowers ' wide. ORDER 65. HAMAMELACEJG. (WITCH-HAZEL FAMILY.) Trees or shrubs, with Alternate leaves, deciduous stipules, and clustered or spiked, often polygamous or monoecious flowers. — Calyx-tube coherent with the base of the ovary. Petals 4-5, long and linear, or none. Sta- mens twice as many as the petals, with the alternate ones sterile, or nu- merous and perfect. Styles 2. Capsule woody, 2-celled, opening at the summit. Seeds anatropous, bony, 1 - 2 in each cell. Embryo large and straight, in scarce albumen. Synopsis. 1. HAMAMELIS. Calyx-lobes and petals 4. Fertile stamens 4. Ovules solitary in each cell, suspended. 2. FOTIIERGILLA. Calyx 5-7-toothed. Petals none. Stamens numerous, all fertile. Ovules solitary, suspended. 3. LIQUIDAMBAR. Calyx and corolla none. Flowers polygamous or monoecious, capitate. Stamens numerous. Ovules several. 1. HAMAMELIS, L. WITCH-HAZEL. Calyx 2-3-bracted, 4-parted. Petals 4, long and linear. Stamens 8, the alternate ones short and sterile. Styles 2. Capsule loculicidally 2-valved at the apex, the outer coat separating from the inner one, which encloses the seed, but soon splits elastically into 2 valves. Seeds large, bony. — Shrubs. Leaves short-petioled. Flowers yellow, clustered. UMBELLIFER^E. (PARSLEY FAMILY.) 157 1. H. Virginica, L. — Low woods, Florida to Mississippi, and northward. November. — A large shrub. Leaves obovate or oval, oblique, crenate-toothed, pubescent ; flowers appearing when the leaves are falling. 2. FOTHERGILLA, L. Calyx truncate, obscurely 5-7-toothed. Petals none. Stamens numerous, slender, perfect. Styles 2. Capsule 2-lobed, 2-celled, 2-valved at the apex, with a single bony seed in each cell. — A shrub, with oval or obovate leaves, and white odorous flowers in terminal bracted spikes, appearing before the leaves. 1 F. alnifolia, L. — Swamps, Florida to North Carolina. March and April. — Shrub 2° -4° high. Leaves smooth, or tomentose beneath, toothed at the summit. Capsule hairy. 3. LIQUIDAMBAR, L. SWEET-GUM. Flowers monoecious, in globular 4-bracted spiked heads. Calyx and corolla none. Stamens very numerous. Styles 2. Ovary 2-celled, with numerous ovules in each cell. Capsules united in a close head, woody, 2-beaked, opening between the beaks, 1 -2-seeded. Seeds wing-angled. — Trees. Heads of sterile flowers sessile, crowded ; those of the fertile flowers on long nodding peduncles. 1. L. Styraciflua, L. Branches with corky wings ; leaves roundish, with 5-7 acuminate serrate spreading lobes. — Swamps, Florida to Mississippi, and northward. March. — A large tree. The exposed juice hardens into a fragrant gum. ORDER ' 66. UMBELLJFEItflE. (PARSLEY FAMILY.) Herbs, with, chiefly hollow and furrowed stems, alternate mostly com- pound leaves, with dilated or clasping petioles, and umbelled flowers. — Calyx-tube coherent with the ovary ; the limb 5-lobed or obsolete. Petals 5, mostly incurved, inserted with the 5 stamens on the edge of the disk that crowns the ovary. Styles 2. Fruit composed of 2 indehiscent car- pels (mericarps), suspended from a filiform axis (carpophore) , and cohering by their inner face (commissure) ; each furnished with 5 primary ribs, and often with as many secondary ones ; the intervening spaces (intervals) usually containing channels (vittce), which are filled with aromatic oil. Seed solitary, suspended. Embryo minute, at the base of horny albu- men. : — Umbels and partial umbels (umbelleis) commonly subtended by an involucre or involucel. Synopsis. § 1. Inner face of the seed flat, or nearly so. * Umbels simple, or one growing from the summit of another. Stems creeping. 1. IIYDROCOTYLE. Fruit orbicular, flattened. Leaves rounded. 2. CRANTZIA. Fruit globular. Leaves linear, fleshy. 14 158 UMBELLIFER^E. (PARSLEY FAMILY.) * * Umbels capitate (flower sessile). 3. SANICULA. Fruit bristly, globular. Flowers polygamous. Involucel none. 4. ERYNGIUM. Fruit scaly, turbinate. Flowers perfect, bracted. Heads involucelled. # # # Umbels compound (flowers pedicelled). •*- Fruit with bristly ribs ; the bristles in a single row. 5. DAUCUS. Fruit 9-ribbed. Leaves finely 2-3-pinnate. •i- -i- Fruit smooth or slightly roughened. ++ Fruit wingless, laterally compressed, or twin. 6. CTCUTA. Flowers white. Fruit subglobose. Calyx-limb 5-toothed. 7. CRYPTOTuENIA. Flowers white. Fruit oblong. Calyx-limb obsolete. Divisions of the leaves lanceolate. 8. LEPTOCAULIS. Flowers white. Fruit ovate, rough. Calyx-limb obsolete. Divisions of the leaves filiform. 9. DISCO PLEURA. Flowers white. Fruit ovoid. Calyx-limb 5-toothed. Divisions of the leaves filiform. 10. HELOSCIADIUM. Flowers white. Fruit oblong. Calyx-limb obsolete. Involucre 1 - 3- leaved, or none. 11. SIUM. Flowers white. Fruit globose. Calyx-teeth minute or none. Involucre 5-6- leaved. Leaves pinnate. 12. BUPLEURUM. Flowers yellow. Fruit ovoid-oblong. Leaves simple. 13. ZIZIA. Flowers yellow. Fruit ovoid-oblong ; the intervals with 3 vittae. 14. THASPIUM. Flowers yellow or dark purple. Fruit ovoid or oblong ; the intervals with single vittae. 15. LIGUSTICUM. Flowers white. Fruit elliptical, with several vittae in each interval. •H- -H- Fruit dorsally compressed, winged on the margins. = Margins of the fruit double-winged. Flowers white. Leaves pinnately compound. 16. ANGELICA. Carpels 3-ribbed on the back ; the intervals with single vittae. 17. ARCIIANGELICA. Carpels 3-ribbed on the back ; the intervals with 2 or more vittae. 18. CONIOSELINUM. Carpels 3-winged on the back ; the intervals with 2-3 vittae. = = Margins of the fruit single-winged. 19. TIEDEMANNIA. Fruit broadly winged. Marginal wings remote from the 3 dorsal ones. Leaves simple, terete. 20. ARCHEMORA. Fruit as in No. 19. Leaves pinnate or ternate. 21. HERACLEUM. Fruit with all the ribs equidistant. Marginal flowers sterile. Plant woolly. § 2. Inner face of the seed concave. 22. CH^IROPIIYLLUM. Fruit linear-oblong, narrowed towards the apex. 23. OSMORRHIZA. Fruit linear-clavate, narrowed towards the base. 1. HYDROCOTYLE, Tourn. MARSH PENNYWORT. Calyx-teeth obsolete. Petals not incurved. Fruit laterally compressed, or- bicular. Carpels 5-ribbed, the dorsal and lateral ones often obsolete, the inter- mediate ones enlarged. Vittce none. — Low marsh herbs, with slender creep- ing stems, and peltate or reniform leaves. Umbels small, axillary. Flowers white. 1. H. Americana, L. Smooth; leaves orbicular-rem'form, crenately 7- lobed ; umbels sessile, 3 - 5-flowered ; fruit 2-ribbed. — Mountains of North Carolina, and northward. July. — Stems stoloniterous. Leaves very thin, UMBELLIFEILE. (PARSLEY FAMILY.) 159 2. H. umbellata, L. Smooth ; leaves orbicular, peltate, obscurely lobcd, crenatc ; umbels globose, on peduncles commonly longer than the petioles ; fruit 2-ribbed on each side. — Wet places, Florida to Mississippi, and northward. May. — Leaves 1' wide. 3. H. ranunculoides, L. Smooth ; leaves orbicular-reniform, crenately 3 - 5-lobed ; umbels few-flowered, on peduncles much shorter than the petioles, mostly nodding in fruit ; fruit obscurely ribbed. — Springs and muddy places, Florida to North Carolina, and westward. May and June. — Petioles 6' -12' long. Peduncles 1' long. 4. H. interrupta, Muhl. Smooth; leaves orbicular, peltate, crenate; umbels proliferous, the nearly sessile clusters forming an interrupted spike ; fruit strongly ribbed. — "Wet places, Florida to Mississippi, and northward. June. — Petioles longer than the peduncles. 5. H. repanda, Pers. Pubescent; leaves broadly ovate, truncate or slightly cordate at the base, glandular-serrate; umbels capitate, few-flowered, shorter than the petioles ; fruit strongly ribbed. — Low grounds, Florida to North Carolina, and westward. July. 2. CBATTTZIA, Nutt. Calyx-teeth obsolete. Petals roundish. Fruit globular. Carpels 5-ribbed, the lateral ribs thickened and corky. Vittae single in the intervals, with 2 on the commissure. — Small creeping marsh herbs, with fleshy linear leaves, and small whitish flowers in axillary umbels. 1. C. lineata, Nutt. (Hydrocotyle lineata, Michx.) — Muddy banks, near the coast, Florida to Mississippi, and northward. July. — Leaves 1' long, with cross partitions, narrowed towards the base, obtuse. Involucre 5 - 6-leaved. 3. SANICULA, Tourn. Calyx 5-toothed, persistent. Fruit globose, without ribs, armed with hooked prickles ; the carpels not separating spontaneously, each with 5 vittse. — Peren- nial erect branching herbs, with palmately-divided long-petioled leaves, and polygamous flowers in small heads, disposed in a loose expanding cyme. 1. S. Marilandica, L. Leaves 5-7-parted, the divisions lobed and toothed; heads many-flowered; sterile flowers numerous on slender pedicels; styles long, recurved. — Dry woods, Georgia, and northward. May. — Stem 2° -3° high. 2. S. Canadensis, L. Leaves 3 - 5-parted, the divisions lobed and toothed ; heads few-flowered; the sterile flowers (1-3) nearly sessile; styles short and straight. — Dry woods, common. May. — Stem 1 ° - 2° high. Branches of the cyme long and spreading. 4. ERYNGIUM, Tourn. BUTTON-SNAKEROOT. Calyx 5-toothed, persistent. Styles slender. Fruit turbinate, covered with scales or tubercles, without ribs or vittse. — Herbs, with spiny or bristly mostly 160 UMBELLIFER^. (PARSLEY FAMILY.) lobed or toothed leaves, and white or blue bracted flowers closely sessile in dense heads. * Fruit scaly : stems erect. 1. E. yUGCSJfolium, Michx. Leaves linear, concave, bristly or some- what spiny on .the margins, parallel-veined; leaves of the involucre mostly entire, shorter than the broadly ovate head ; bracts entire. — Pine barrens, most- ly in damp soil, Florida, and northward. June. 1J. — Stem 2° -3° high. Leaves distant, the lowest ones 1° - 1 J° long. Flowers white. 2. E. Ravenelii, Gray. Leaves linear, elongated, nearly terete, grooved on the upper surface, obscurely denticulate ; leaves of the involucre 3-cleft, as long as the head ; bracts 3-cleft, spine-pointed, longer than the flowers. — Low pine barrens, near the head-waters of Cooper river, South Carolina. Raveml. Sept. and Oct. — Stem l£° - 3° high. Flowers white. 3. E. Virginianum, Lam. Leaves linear-lanceolate, flat; the lowest ones spiny-serrate with the teeth incurved, or nearly entire, veiny; the upper narrower, spiny or pinnatifid; leaves of the involucre (blue) 3-5-cleft, longer than the head; bracts 3-cleft, as long as the flowers. — Marshes, Florida to Mississippi, and northward. July. 1J. or (2) — Stem 2° - 3° high. Flowers blue. 4. E. prsealtum, Gray. Leaves lanceolate, flat, veiny, serrate; the up- per ones linear, spiny-toothed; leaves of the involucre 2-3 times as long as the head ; bracts tricuspidate, barely as long as the mature calyx. (E. Virginia- num, Ell.} — Fresh marshes near the coast, Georgia to North Carolina. August. — Stem 4° -6° high. Lowest leaves l°-2° long and 2^-3' wide. Flowers white. 5. E. Virgatum, Lam. Leaves short, oblong or oblong-ovate, serrate, the upper ones toothed or divided ; leaves of the involucre entire, or with 2-4 bristly teeth, longer than the head; bracts 3-toothed. (E. ovalifolium, Michx.) — Pine-barren swamps, Florida to North Carolina, and westward. August. — Stem l°-2° long. Leaves 2' -3' long, sometimes cordate. Flowers blue. * * Fruit granular : stems diffuse. 6. E. aromaticurn, Bald\v. Stems clustered, prostrate, very leafy; leaves spatulate, pinnately lobed, cartilaginous on the margins ; the 3 upper lobes broad and spine-pointed, the lower ones scattered and bristle-like ; leaves of the involucre 3-cleft, longer than the globose head ; bracts 3-toothed. — Dry pine barrens, East and South Florida. Sept. — Stems 1' long. 7. E. Baldwin!!, Spreng. Small, prostrate, branching ; leaves thin ; the earliest ones ovate, sharply serrate or toothed, long-petioled, the others 3-parted, with the middle segment lanceolate and commonly 3-toothed ; leaves of the in- volucre subulate, longer or shorter than the oblong head ; bracts spatulate, ob- tuse, barely exceeding the calyx. — Low sandy pine barrens, Georgia, Florida, and westward. September. Q) ? — Stems 5'- 10' long. Flowers blue. 8. E. Cervantes!!, Laroch. Stems prostrate, diffusely branched; earli- est leaves lanceolate or oblong, entire, or sparingly toothed, long-petioled, the others sessile, 3-parted, with the segments linear or filiform and entire ; leaves UMBELLIFER^E. (PARSLEY FAMILY.) 161 of the involucre subulate, as long as the hemispherical head ; bracts subulate acute, twice as long as the calyx. (E. filiforme, S/iuttl) — Damp sandy soil along the coast of West Florida. July and August. (2) — Stems l°-2° long. Leaves somewhat fleshy. Flowers very small, blue. 5. DAUCUS, Tourn. CARROT. Calyx 5-toothed. Corolla irregular. Fruit ovate or oblong ; the carpels with 9 unequal bristly or prickly ribs, and a single vitta under the larger ribs. — An- nual or biennial herbs, with pinnately finely dissected leaves and involucre, and white or yellowish flowers. 1. D. pusillus, Michx. Annual; stem rough with rigid reflexed hairs; leaves twice pinnate, with the divisions linear ; bristles of the fruit barbed. — Dry sterile soil, Florida to South Carolina, and westward. June. — Stem 1° -3° high. Umbels long-peduncled. 6. CICUTA, L. WATER-HEMLOCK. Calyx 5-toothed. Fruit roundish. Carpels with 5 flattislrcqual ribs ; the in- tervals with single vittse, and 2 on the inner face. — Smooth perennial marsh herbs, with hollow stems, and twice pinnately or ternately divided leaves. Invo- lucels many-leaved. Flowers white. 1. C. maculata, L. Stem large (3° -6° high), purplish ; leaflets ovate- lanceolate, acute, coarsely serrate ; umbels large, many-rayed. — Marshes, Florida to Mississippi, and northward. July. — Plant very poisonous. 7. CRYPTOTJSNIA, DC. Calyx-teeth obsolete. Fruit oblong, contracted at the sides. Carpels equally 5-ribbed, with very slender single vitta} in each interval, and one under each rib. — A smooth perennial herb, with trifoliolate leaves on long petioles. Leaflets large, ovate, doubly serrate and mostly lobcd. Rays of the umbel few and very unequal. Involucre none. Involucels filiform. Flowers white. 1. C. Canadensis, DC. (Chaerophyllum Canadense, Pers.) — Rich shady soil, North Carolina to Mississippi, and northward. July. — Stem 2° high. 8. LEPTOCAULIS, Nutt. Calyx-teeth obsolete. Fruit ovate, compressed on the sides, often rough or bristly. Carpels 5-ribbed, the intervals with single vittse, and 2 on the face. — Slender smooth herbs, with finely dissected leaves, and white flowers. Umbels few-rayed. Involucre none. Involucel few-leaved. 1. L. divaricatus, DC. Annual; stem (6' -18' high) widely branched ; leaves 2-3-pinnatifid, with the divisions filiform; umbel 3-4-raycd. (Sison pusillum, Michx. ) — Dry sandy soil, Florida to North Carolina. April. — Fruit very small, roughened with minute scales. 14* 162 UMBELLIFERJE. (PARSLEY FAMILY.) 9. DISCOPLEUBA, DC. Calyx-teeth subulate, persistent. Fruit ovate ; the carpels strongly 3-ribbed on the back, and with two lateral ribs united with a thick corky margin. Inter- vals with single vittae. — Smooth annuals, growing in marshes. Leaves pin- nately dissected, with the filiform divisions often whorled. Involucre and invo- lucel conspicuous. Flowers white. 1. D. capillacea, DC. Umbels 3-10-rayed; leaves of the involucre mostly 3-5-clcft ; fruit ovate. (Ammi capillaceum, Michx.) — Brackish marsh- es, Florida to Mississippi, and northward. June and July. — Stem 1° -2° high, much branched. Earliest leaves simple, or simply pinnate. 2. D. COStata. Stem tall, branching above; leaves of the involucre 10- 12, many-parted ; fruit ovate, deeply sulcate. (Ammi costatum, Ell.) — Swamps of the Ogeechee Kiver, Georgia. October and November. — Stem 4° - 5° high. Fruit larger than in No. 1. 3. D. Nuttallii, DC. Umbels many-rayed ; leaves of the involucre 5 - 6, entire ; fruit globose. — Tampa Bay, Florida, and westward. — Stem 2° - 6° high. 10. HELOSCIADIUM, Koch. Calyx-teeth 5, or obsolete. Fruit ovate or oblong, flattened on the sides, the carpels equally 5-ribbed. Intervals with single vittse. Flowers white. 1. H. nodiflorum, Koch. Stems prostrate or creeping ; leaves pinnate; leaflets ovate-lanceolate, sen-ate ; umbqls short-peduncled, opposite the leaves ; involucre 1 - 2-leaved or none; involucel 5-6-leaved. (Sium nodiflorum, L.) — Ditches, &c. around Charleston. Introduced. April -June. — Stems 2° long. 11. SIUM, L. Calyx-teeth small or obsolete. Fruit ovate or globular, flattened at the sides ; the carpels with 5 equal corky ribs. Intervals usually with several vittse. — Marsh or aquatic perennial herbs. Leaves pinnate ; the immersed ones dissected into numerous capillary divisions. Involucre several-leaved. Flowers white. 1. S. lineare, Michx. Leaflets varying from linear to oblong, finely and sharply serrate ; calyx-teeth minute ; fruit globular, strongly ribbed. — Along streams, commonly in water, Florida to Mississippi, and northward. July. — Stem 2° high. 12. BUPLEURUM, Tourn. Calyx-teeth obsolete. Fruit flattened at the sides, or twin, ovate-oblong. Carpels 5-ribbed, the intervals with or without vittse. — Smooth herbs, with en- tire simple leaves, and yellow flowers. 1. B. rotundifolium, L. Leaves ovate, perfoliate ; umbel 5-rayed ; in- volucre none ; leaves of the involucel 5, ovate, mucronate. — Fields, North Caro- lina. — Introduced. UMBELLIFER^E. (PARSLEY FAMILY.) 163 13. ZIZIA, DC. Calyx-teeth obsolete. Fruit ovoid-oblong, twin. Carpels 5-ribbed, the cross section nearly orbicular. Vittae 3 in each interval, and 4 on the commissure. — A smooth perennial herb, with 2 - 3-ternately compound leaves, and yellow flowers. 1. Z. integerrima, DC. Stem slender; leaflets oblong-ovate, entire; rays of the umbel long and slender; involucre none. (Smyrnium integerrimum, L.) — Rocky woods, Mississippi, and northward. May and June. — Stem 1° - 2° high. 14. THASPIUM, Nutt. Calyx-teeth short or obsolete. Fruit ovoid or oblong, somewhat flattish at the sides. Carpels commonly equally and strongly 5-ribbed. Intervals with single vittse. — Perennial herbs, with 1 - 2-ternately-divided leaves (the lowest often en- tire), and yellow or purple flowers. Involucre none. * Calyx-teeth short, obtuse. 1. T. barbinode, Nutt Stem pubescent at the joints; leaves 1 - 2-ternate, more or less pubescent ; leaflets cuneate-ovate, entire toward the base, toothed above, the terminal one nan-owed into a long stalk ; fruit oblong, the ribs mostly unequal ; flowers pale yellow. — River-banks, West Florida, and northward. May and June. — Stem branching above, 2° -3° high. Leaflets £'-1' long, often 2-3-lobed. 2. T. pinnatifidum, Gray. Branches and umbels roughish-puberulent ; leaves 1-3-ternate; leaflets 1 - 2-pinnatifid, the lobes linear or oblong; fruit oblong, narrowly 8- 10-winged, the intervals minutely scabrous. — Mountains of North Carolina and Tennessee. — Stem 2° - 5° high. * * Calyx-teeth obsolete. 3. T. aureum, Nutt. Leaves 1 - 2-ternate ; the leaflets oblong-lanceolate, sharply serrate, the lateral ones unequal at the base ; fruit oval, the ribs thick or winged. (Smyrnium aureum, L.) — Rich soil, Florida, and northward. May. — Stem l°-2°high. Lowest leaves sometimes cordate and undivided. Flowers yellow. 4. T. trifoliatum, Gray. Leaves crenate; the lowest ones usually sim- ple and cordate, the others trifoliolate ; leaflets ovate-lanceolate, mostly obtuse at the base; fruit roundish, ribbed or winged. (Smyrnium cordatum, Walt. S. atropurpureum, Lam.) — Rich soil, Florida to Mississippi, and northward. June. — Stem 1° - 2° high. Flowers yellow or dark purple. 15. LIGUSTICUM, L. NONDO. Calyx-teeth minute or obsolete. Fruit elliptical, nearly terete. Carpels with 5 acute equal and somewhat winged ribs. Vittas numerous. Involucre short, 2 - 6-leaved. — Perennial herbs. Leaves 1 - 3-ternately divided. Flowers white. 1. L. actseifolium, Michx. Stem tall (3° -6°), smooth, branched; leaves 3-ternately divided ; leaflets ovate, toothed ; umbels very numerous, pani- 164 UMBELLIFER^E. (PARSLEY FAMILY.) cled ; fruit ovate-oblong, the ribs wing-like ; vittae 3 in each interval, and 6 on the commissure. — Rich soil, in the upper districts. July and August. — Root large, aromatic. 16. ANGELICA, L. Calyx-teeth obsolete. Fruit flattened. Carpels 5-ribbed, the 2 lateral ribs dilated into wings. Vittae single in each interval, and 2-4 on the commissure. Seed adherent to the pericarp. — Chiefly perennial herbs, with compound leaves, no involucre, and white flowers. 1. A. Curtisii, Buckley. Stem smooth; leaves twice ternate, or the di- visions quinate ; leaflets thin, ovate or ovate-lanceolate, often slightly cordate, sharply toothed ; fruit broadly winged ; commissure with 2 vittae. — High moun- tains of North Carolina. August. — Stem 3° high. Petioles large and sheath- ing. 17. ARCHANGELICA, Hoffm. Calyx-teeth short. Fruit flattened. Carpels ribbed as in Angelica. Vitta; very numerous, entirely surrounding the loose seed. — Perennial herbs. Leaves 1 - 2-ternate, with pinnate divisions. Leaflets toothed. Upper petioles inflated. Involucre none. Involucel many-leaved. Flowers white. 1 . A. llirsuta, Torr. & Gray. Upper part of the stem and umbels softly pubescent ; leaflets oblong-ovate, sharply serrate ; fruit pubescent. (A. tri- quinata, Ell. Ferula villosa, Walt.) — Dry hills, Florida to Tennessee, and northward. July. — Stem 2° - 3° high. 2. A. dentata, Chapm. Stem slender, smooth ; umbels slightly pubes- cent ; leaflets lanceolate, strongly veined, coarsely toothed ; fruit smooth. — Dry pine barrens, Florida. September. — Stem 2° - 3° high, branching above ; teeth of the small (§') leaflets spreading. 18. CONIOSELINUM, Fischer. Calyx-teeth obsolete. Fruit oval. Carpels somewhat flattened on the back, 5-winged, with the lateral wings twice as broad as the dorsal ones. Vittae 2-3 in each interval, and 4 - 8 on the commissure. — Smooth herbs. Leaves thin, finely 2 - 3-pinnately compound. Involucre none. Involuccls subulate. Flow- ers white. 1. C. Canadense, Torr. & Gray. Leaflets pinnatifid, with linear-oblong lobes, the petioles inflated ; rays of the umbel slender ; fruit broadly oval. — High mountains of North Carolina, and northward. August. — Stem 3° - 5° high. 19. TIEDEMANNIA, DC. Calyx 5-toothed. Fruit obovate, compressed. Carpels with 5 sharp and slender ribs, winged on the margins. Intervals with single vitta;, and 2 on the commissure. — A smooth erect perennial herb, with terete petioles destitute of leaflets. Involucre and involucel 5 - 6-leaved. Flowers white. TJMBELLIFER^E. (PARSLEY FAMILY.) 165 1. T. teretifolia, DC. (Sium teretifolium, Ell.)— Pine-barren swamps, Florida to North Carolina, and westward. August. — Stem 2° - 4° high. Peti- oles with cross partitions. 20. AKCHEMORA, DC. Calyx 5 -toothed. Fruit oval or obovate, flattened on the back. Carpels with 5 slender obtuse ribs, winged on the margins. Intervals with single vittae, and 4 - 6 on the commissure. — Smooth herbs, with pinnately-divided leaves, and white flowers. Involucre few-leaved or none. Involucel many-leaved. 1. A. rigida, DC. Leaves pinnate ; the leaflets (3-9) varying from lin- ear to oblong, variously toothed or entire. (Sium rigidus, tricuspidatum, and denticulatum, Ell.) — Swamps, Florida to Mississippi, and northward. August and September. — Stem 2° - 5° high. 2. A. ternata, Nutt. Leaves temate, with the leaflets linear, entire and strongly nerved ; the lowest ones on very long petioles. (Neurophyllum longi- folium, Torr. fr Gray.) — Low or swampy pine barrens, Florida to North Caro- lina. November. — Stem slender, 2° high. Petioles of the lower leaves 1° or more long. Boot bearing tubers. 21. HERACLEUM, L. Calyx-teeth minute. Fruit oval, flat. Carpels with the 2 lateral ribs distant from the 3 dorsal ones, and near the dilated margins. Vittae shorter than the carpels, single in the intervals, and usually 2 on the commissure. — Stout per- ennial herbs, with pinnately or ternately divided or lobed leaves on inflated peti- oles, and white flowers. Involucre few-leaved. Involucel many-leaved. Mar- ginal flowers commonly larger and radiant. 1. H. lanatum, Michx. Villous; leaves very large, ternate; leaflets broadly cordate, deeply lobed, hoary beneath. — Mountains of North Carolina. June. — Stem 4° - 8° high, strongly furrowed. 22. CH^ROPHYLLTJM, L. Calyx-teeth obsolete. Fruit oblong or linear, tapering at the apex, contracted at the sides. Carpels deeply furrowed on the commissure, with 5 obtuse equal ribs. Intervals with single vittoe. — Herbs, with compound finely dissected leaves, and white flowers. Involucre few-leaved or none. Involucel many-leaved. 1. C. procumbens, Lam. Stem weak, slightly pubescent; leaves ter- nately divided ; the divisions bipinnatifid, with oblong obtuse lobes ; umbel sessile, of 2 - 3 long rays ; involucel 4 - 5-leaved, few-flowered ; fruit oblong, abruptly pointed, finely ribbed. — Shady river-banks, Mississippi to North Caro- lina, and northward. April and May. (l)^>r ® — Stem 6' - 18' long. 2. C. Teinturieri, Hook. & Am. More pubescent ; lobes of the leaves narrower and acute ; fruit oblong-linear, more strongly ribbed and tapering at the apex ; otherwise like the last. — Banks of the Apalachicola River, Florida, and westward. March and April. — Stem erect, 1° high. 166 ARALIACE^. (GINSENG FAMILY.) 23. OSMORRHIZA, Raf. Calyx-teeth obsolete. Fruit clavate, angled. Carpels with bristly ribs, fur- rowed on the commissure. Vittse none. — Perennial herbs with aromatic roots. Leaves 2-teraate, with the leaflets ovate, toothed or serrate. Umbels opposite the leaves. Involucre and involucel 2 - 5-leaved. Flowers white. 1. O. brevistylis,fDC. Styles very short, conical ; fruit somewhat taper- ing at the apex. — Mountains of North Carolina and northward. June. — Plant hairy, 1° - 1^° high. Leaflets thin, acuminate, pmnatifid. ORDER 67. ARAL.IACE.flE. (GINSENG FAMILY.) Umbelliferous herbs, shrubs, or trees, nearly as in the last order ; but the flowers (chiefly polygamous) with flat and spreading petals, the styles and carpels of the baccate fruit usually more than two, and the embryo at the apex of copious fleshy albumen. 1. AHAXiIA, L. SARSAPARILLA. Calyx-teeth 5, or none. Petals, stamens, and spreading styles 5. Berry drupaceous, 5-lobed, 5-cellcd. — Herbs or shrubs. Leaves compound. Umbels corymbed or panicled. Flowers whitish. Berry black. * Stems herbaceous. 1. A. racemosa, L. Stem smooth, leafy, widely branched ; leaves ternately decompound ; leaflets large, broadly cordate, doubly serrate ; umbels very numer- ous, panicled. — Rich woods along the mountains, Georgia, and northward. July. — Root thick, aromatic. Stem 3° - 5° high. 2. A. hispida, Michx. Stem leafy, somewhat shrubby at the base, bristly ; leaves bipinnately compound ; leaflets lanceolate-ovate, sharply serrate ; umbels in naked peduncled corymbs. — Mountains of North Carolina, and northward. June and July. — Stem l°-2° high. 3. A. nudicaulis, L. Stem naked, short, bearing 3 long-peduncled um- bels at the apex ; leaf solitary, radical, long-petioled, ternately divided, the divisions quinate ; leaflets oblong-ovate, acuminate, serrate. — Mountains of North Carolina, and northward. May. — Root long and slender, aromatic. Stem 1° high, much shorter than the leaves. * * Stems woody. 4. A. spinosa, L. Stem simple, prickly ; leaves very large, crowded at the summit of the stem, bipinnately compound ; leaflets thick, ovate, crenate, glaucous beneath ; umbels in very large hoary panicles. — Swamps, Florida to Mississippi, and northward. July and August. — Stem 10° - 15° high. 2. PANAX, L. GINSENG. Calyx minutely 5-toothed. Petals and stamens 5. Styles 2-3. Berry fleshy, drupaceous, 2 - 3-lobed, 2 - 3-celled. — Low herbs, with naked stems, bearing at CORNACE^E. (DOGWOOD FAMILY.) 167 the summit a single long-peduncled umbel of greenish flowers, surrounded by a whorl of three 3 - 7-foholate leaves. Berry red or greenish. 1. P. quinquefolium, L. Root fusiform ; leaflets 5 - 7, oblong-obovate, serrate, stalked; styles 2, berry crimson. — Rich woods along the mountains, Georgia, and northward. July. — Stem 1° high. Leaflets 2' - 3' long. 2. P. trifolium, L. Root globose ; leaflets 3-5, lanceolate, serrate, ses- sile ; styles 3 ; berry greenish, — With the last. — Plant 4' - 6' high. ORDER 68. CORNACE^. (DOGWOOD FAMILY.) Trees or shrubs, with simple, entire or rarely toothed exstipulate leaves, and perfect or polygamous flowers. — Calyx coherent with the 1 - 2-celled ovary, 4 - 5-toothed. Petals 4-5, valvate in the bud, sometimes wanting. Stamens 4-10, inserted into the margin of the disk that crowns the ovary. Ovules solitary, anatropous, pendulous. Fruit a berry-like 1- 2-celled, 1 - 2-seeded drupe. Embryo nearly as long as the fleshy albumen. Coty- ledons large and foliaceous. 1. CORNTJS, Tourn. DOGWOOD. CORNEL. Flowers perfect. Calyx 4-toothed. Petals and stamens 4. Stigma capitate. Drupe 2-celled, 2-seeded. — Shrubs or low trees. Leaves and branches opposite (except No. 1 ). Flowers in naked spreading cymes, or capitate, and subtended by a colored involucre. * Flowers white, in a loose open cyme : involucre none. 1. C. alternifolia, L'Herit. Leaves oval, abruptly acute at each end, pale and pubescent beneath, long-petioled, and, like the greenish striped branch- es, alternate ; drupes deep blue. — Banks of streams, Florida, and northward. May. — A widely branching shrub, or small tree. 2. C. stricta, Lam. Leaves ovate or oblong, abruptly acute or acuminate, smooth, whitish beneath ; cymes flat or depressed at the summit ; drupes and anthers pale blue. — Swamps, Florida to North Carolina, and westward. April. — A shrub or small tree. Branches brown. 3. C. paniculata, L'Herit. Leaves smooth, ovate-lanceolate, acuminate, paler beneath ; cymes convex at the summit, somewhat panicled, loose-flowered ; drupes white, depressed-globose. — North Carolina and northward. May and June. — Shrub 4° - 8° high. Branches gray. 4. C. sericea, L. Leaves ovate or elliptical, smooth above, the lower sur- face, like the purplish branches and close depressed cyme, silky-pubescent; drupes pale blue. — Low woods, Florida to Mississippi, and northward. May. — Shrub 6° - 10° high. 5. C. asperifolia, Michx. Leaves short-petioled, lanceolate-ovate or ob- long, acute, very rough on both sides, as well as the branchlets and flat cymes ; 168 CORNACE^E. (DOGWOOD FAMILY.) drupes pale blue. — Dry woods, Florida to South Carolina, and westward. June. — A shrub or small tree. Branches slender and sometimes warty. * * Flowers capitate, subtended by a white 4-leaved involucre. 6. C. florida, L. Leaves ovate-lanceolate or ovate, at length smooth on both sides ; flowers greenish ; drupes ovoid, red. — Oak woods, common. May. — A small tree. Wood hard and close-grained. Leaves of the involucre cmar- ginate and thickened at the summit, showy. 2. NYSSA, L. SOUR GUM. Flowers dicecio-polygamous. Sterile flowers in many-flowered heads or cymes. Calyx 5-parted. Stamens 5-10. Petals and pistil none.^ Fertile flowers single or few in a head. Calyx-limb 5-toothed or obsolete. Petals 5, minute, or want- ing. Stamens 5-10, mostly sterile. Style long, revolute. Stigma decurrcnt. Ovary 1 -celled. Drupe 1-seeded. — Trees or shrubs. Leaves alternate, entire or rarely toothed, finely reticulated. Flowers small, greenish, on axillary or lateral peduncles. * Sterile flowers in loose clusters. 1. !N. multiflora, Wang. Leaves oval or obovate, mostly acute, tomen- tose when young, at length shining above ; fertile peduncles long and slender, 3 - 8-flowered ; drupes ovoid, dark blue. — Rich upland woods, Florida to Mis- sissippi, and northward. May. — A tree 30° - 50° high, with widely spreading branches. Leaves rather thick, dark green, 2' -5' long. Fertile peduncles 1^'- 3' long. Drupe £' long. 2. N. aquatica, L. Branches, leaves, &c. tomentose when young, at length nearly smooth ; leaves short-petioled, varying from lanceolate to orbicu- lar, obtuse, sometimes slightly cordate ; peduncles short, the fertile ones 1-2- flowered ; drupes oval, blue. — Ponds and swamps, Florida to North Carolina, and westward. April and May. — A large tree, or in pine-Barren swamps sometimes a mere shrub. Leaves 1'- 2' long. Peduncles £'-1' long. Drupe smaller than in the last. 3. "N. uniflora, Walt. Leaves large, long-petioled, ovate or oblong, acute, entire or sharply toothed, tomentose beneath, the lower ones often cordate ; fer- tile peduncles elongated, 1-flowered ; drupes ovate-oblong, dark blue. (N. tomentosa, Michx. N. grandidentata, Michx. f.) — Deep swamps and ponds, Florida to North Carolina, and westward. April. — A large tree. Leaves 4' - 6' long. Drupe 8" - 12" long. * * Sterile flowers capitate. 4. N. cap itata, Walt. (OGEECHEE LIME.) Leaves large, short-petioled, oblong, oval or obovate, mucronate or acute, tomentose beneath ; flowers below the leaves, the fertile ones perfect, solitary, on very short peduncles ; drupe ob- long, red. — Swamps, Florida and Georgia, near the coast, and westward. — A small tree. Leaves 3' - 5' long. Drupe 1' long, agreeably acid. CAPRIFOLIACE^E. (HONEYSUCKLE FAMILY.) 169 DIVISION II. MONOPETALOUS EXOGENOUS PLANTS. Floral envelopes double, consisting of both calyx and corolla ; the latter of more or less united petals. ORDER 69. CAPRIFOLIACE^E. (HONEYSUCKLE FAMILY.) Chiefly trees or shrubs, with opposite leaves, and no stipules. Calyx- tube adherent to the ovary, the limb 4 - 5-toothed or lobed. Corolla tubu- lar or rotate, 4 - 5-lobed. Stamens as many as the lobes of the corolla, and alternate with them, inserted on its tube. Ovary 2 - 5-celled, with 1 - many pendulous ovules in each cell. Fruit mostly baccate or drupaceous. Seeds anatropous. Embryo small, in the axis of fleshy albumen. Synopsis. * Corolla tubular. Style slender. Stigma capitate. 1. SYMPHORICARPUS. Corolla campanulate. Berry 4-celled, 2-seeded. Erect shrubs. 2. DIERVILLA. Corolla funnel-shaped. Capsule 2-celled, 2-valved, many-seeded. Erect shrubs. 3. LONICERA. Corolla tubular. Berry 1-3-cel led. Chiefly woody vines. 4. TRIOSTEUM. Corolla tubular. Drupe bony, 3 - 5-seeded. Herbs. * * Corolla rotate. Stigmas 3-5, sessile. Flowers in cymes. 5. SAMBUCUS. Leaves pinnate. Berry 3 - 5-seeded. 6. VIBURNUM. Leaves simple. Drupe 1-seeded. 1. SYMPHORICARPUS, Dill. SNOWBERRY. Calyx-tube globose, the limb 4 - 5-toothed, persistent. Corolla campanulate, nearly regular, 4 -5-lobed. Stamens 4-5, inserted on the throat of the corolla. Ovary 4-celled, 2 of the cells with several abortive ovules, the other two with a single suspended fertile ovule in each. Berry 4-celled, 2-seeded. Seeds bony. — Erect shrubs with entire leaves, and white or reddish flowers in axillary spikes or clusters. 1. S. Vlllgaris, Michx. Leaves oval, downy beneath; flowers in small axillary clusters; corolla smoothish within; berries red. (Symphorea glome- rata, Pers.) — Dry soil among the mountains, Georgia, and northward. July- gept. — Shrub 2° -3° high. 2. DIERVILLA, Tourn. Calyx oblong or cylindrical, narrowed above, with 5 subulate teeth. Corolla funnel-shaped, 5-lobed. Stamens 5. Capsule 2-celled, septicidally 2-valved, many-seeded. — Low shrubs, with ovate or oblong acuminate sen-ate deciduous leaves, and axillary and terminal cymose flowers. 1. D. trifida, Moench. Leaves ovate or oblong-ovate, distinctly petioled, pubescent, ^especially on the veins above ; peduncles mostly 3-flowered ; capsule 15 170 CAPRIFOLIACEuE. (HONEYSUCKLE FAMILY.) ovoid-oblong, narrowed into a neck above. — Mountains of North Carolina. June. — Stem 2° -4° high. Flowers greenish-yellow. 2. D. sessilifolia, Buckley. Leaves ovate-lanceolate, closely sessile and somewhat clasping ; peduncles many-flowered ; capsule cylindrical-oblong, nar- rowed into a short neck above. — With the preceding. — Leaves and capsule larger than in that species. 3. LONICEBA, L. WOODBINE. HONEYSUCKLE. Calyx ovoid, 5-toothed. Corolla tubular, 5-cleft, often bilabiate, and gibbous near the base. Stamens 5. O vary 2 - 3-celled, with several ovules in each cell. Berry 1 - 3-celled, several-seeded. Seeds bony. — Erect or twining shrubs, with entire, often connate leaves. Flowers by pairs or in spiked whorls. 1. L. sempervirens, Ait. Stem twining; leaves oblong or lanceolate, pale and tomentose beneath, the upper pair shorter and connate ; spikes ter- minal ; whorls distinct ; corolla nearly equally 5-lobed, scarlet or orange with- out, yellow within. (Caprifolium, Ell,) — Margins of swamps, Florida, and northward. April - Sept. — Leaves perennial. Corolla 2' long. 2. L. grata, Ait. Stem twining; leaves obovate, glaucous beneath, the 2 or 3 upper pairs connate ; whorls of flowers axillary and terminal ; corolla bi- labiate, the tube long and slender. — Mountains of Carolina, and northward. May. — Young branches often hairy. Corolla 1 ^' long, with a red or purplish tube and a white limb, changing to yellow. Berry orange-red. 3. L. flava, Sims. Smooth and somewhat glaucous ; stem scarcely twining ; leaves oval or obovate, the upper pairs connate ; whorls of flowers crowded, ter- minal; corolla slender, bilabiate. — Banks of rivers in the upper districts of Georgia and South Carolina. June and July. — Corolla 1' long, bright yellow; the 4-cleft limb nearly as long as the tube. 4. L. parviflora, Lam. Smooth; stem twining; leaves elliptical, glau- cous beneath, all more or less connate ; whorls of flowers crowded, peduncled ; corolla short, bilabiate, gibbous at the base; stamens hairy below. — Mountains of North Carolina. — June. — Corolla 8" -10" long, yellow and purplish. 4. TRIOSTETJM, L. FEVER-WORT. Calyx ovoid, with 5 leafy linear-lanceolate persistent lobes. Corolla tubular, equally 5-lobed, rather longer than the calyx. Stamens 5. Ovary 3-celled, with a single ovule in each cell. Fruit a dry drupe containing 3 bony nutlets. — Perennial hairy herbs, with large leaves, narrowed but connate at the base, and sessile axillary flowers. 1. T. perfoliatum, L. Stem soft-hairy; leaves oval, acuminate, entire, hairy above, tomentose beneath ; flowers commonly clustered, brownish-purple. — Shady woods in the upper districts. June and July. — Stem 2° - 4° high. Leaves 4' -7' long. 2. T. angustifolium, L. Stem hirsute ; leaves lanceolate or oblong, acuminate, hirsute above, pubescent beneath ; flowers mostly solitary ,"yellowish. — Shady rich soil among the mountains. June. — Plant smaller than the last. CAPRIFOLIACEJ2. (HONEYSUCKLE FAMILY.) 171 5. SAMBUCUS, Tourn. ELDER. Calyx-lobes minute or none. Corolla rotate, 5-lobed. Stamens 5. Fruit a globular baccate drupe, containing three 1 -seeded nutlets. — Shrubs, with pinnate leaves, and white flowers, in ample terminal cymes. 1. S. Canadensis, L. Leaflets 7-11, oblong, serrate, smoothish, acute, the lower ones often 3-parted ; cymes flat, 5-parted ; fruit black. — Low grounds, common. June and July. — Stem 4°- 16° high, the straight young shoots with large pith. 2. S. pubens, Michx. Leaflets 5 - 7, oblong, serrate, pubescent beneath; cymes paniculate, pyramidal ; fruit red. — Mountains of North Carolina, and northward. June. — Shrub 6° - 10° high. Cymes smaller than in the last. 6. VIBURNUM, L. HAW. SLOE. Calyx minute, 5-toothed. Corolla rotate or somewhat campanulate, 5-lobed. Stamens 5. Ovary 1 - 3-celled, one of the cells containing a single ovule, the others empty. Drupe baccate, containing a single compressed bony nut. — Shrubs or small trees. Leaves lobed or undivided, the petioles sometimes winged. Flowers in terminal cymes, small, white ; the marginal ones occasion- ally radiant and sterile. # Sterile and radiant flowers none. •*- Cymes sessile. 1 . V. prunifolium, L. Leaves thin, obovate or roundish, mostly obtuse, finely and sharply serrate, smooth and glossy, or the veins beneath and more or less dilated petioles rusty-pubescent ; cymes large, 4 - 5-rayed ; drupe oblong- ovoid, black. — Dry rich woods, Florida to Mississippi, and northward. April and May. — A small tree. Fruit edible. 2. V. LentagO, L. Leaves thin, ovate, acuminate, finely and sharply ser- rate, smooth above, the lower surface and dilated wavy petioles roughened with minute scales when young; cymes 4-rayed ; fruit oval, black. — Mountains of Georgia, and northward. May. — A small tree. 3. V. obovatum, Walt. Leaves small, thick, obovate, or obovate-oblong, obtuse, slightly crenate or entire, smooth ; cymes 3-rayed ; drupe ovoid, black. (V. Isevigatum, Ait.) — River-banks, Florida to North Carolina, and westward. April and May. — A shrub or small tree. Leaves £' - 1' long. Cymes small. H— Cymes peduncled. •w- Leaves palmatety lobed. 4. V. acerifolium, L. Pubescent; leaves roundish or broadly ovate, rounded or cordate at the base, coarsely serrate, 3-lobed above the middle; cymes 7 -rayed ; fruit oval, black. — Dry open woods, West Florida to Missis- sippi, and northward. May and June. — A slender shrub, 2° - 4° high. Leaves 2' - 3' wide, becoming smooth above, sometimes almost entire. •«• ++ Leaves undivided. 5. V. nudum, L. Rusty-pubescent ; leaves varying from oval to lanceo- late, entire or nearly so, thick, becoming smooth above, prominently veined be- 172 RUBIACEJE. (MADDER FAMILY.) neath ; cymes rather short-peduncled, 5-rayed ; fruit ovoid, blue. — Swamps, common. April and May. — Shrub 8° - 12° high. 6. V. dentatum, L. Veins of the leaves beneath with tufted hairs in their axils, otherwise smooth ; leaves round-ovate, slightly cordate, coarsely ser- rate, acute, plicate by the strong impressed veins; cymes long-peduncled, 7- rayed ; calyx smooth, with the lobes obtuse ; fruit small, roundish, deep blue. — Kich damp soil, West Florida to Mississippi, and northward. March - May. — A large shrub. 7. V. SCabrellum, Torr. & Gray. Hairy throughout, and the leaves be- neath stellate-tomentose ; leaves ovate or roundish, often cordate, or rarely cune- ate at the base, rather obtusely and coarsely serrate, short-petioled ; calyx-lobes hairy, acute ; corolla hairy ; cymes 7-rayed ; fruit roundish, deep blue. — Swamps or rocky hills, Florida to South Carolina, in the lower districts, and westward. May and June. — Shrub 8° - 12° high. Leaves thick, 1' - 2' long, or sometimes twice that size. 8. V. pubescens, Pursh. Leaves small, ovate or oblong-ovate, coarsely serrate, hairy above, tomeritose beneath, on very short petioles or the uppermost subsessile ; cymes small, smoothish, 7-rayed; fruit oblong, black. — Mountains of North Carolina. June. — A shrub 2° -3° high. Leaves l'-2' long. * * Marginal flowers radiant and sterile. 9. V. lantanoides, Michx. Stem smooth and straggling ; branches, cymes, and lower surface of the round-ovate, cordate, serrate leaves covered with tufted down ; cymes sessile ; fruit ovoid, black. — Deep shades on the mountains of North Carolina. June. — Stem 2° -4° long. Leaves 4' -6' long. Sterile flowers 1; in diameter. OKDER 70. RTJBIACEJE. (MADDER FAMILY.) Herbs, shrubs, or trees. Leaves entire, opposite and united by inter- posed stipules, or whorled. — Calyx-tube adherent to the ovary, or (in Loganieae) free ; the limb 4 - 6-toothed or lobed, or obsolete. Corolla 4-6-lobed, inserted on the throat of the calyx. Stamens 4-6, inserted on the tube of the corolla, and alternate with its lobes. Ovary 2 - 10-' celled, with 1 - several anatropous or amphitropous ovules in each cell. Style mostly solitary. Albumen hard or fleshy. Synopsis. SUBORDER I. COFFEEJE. Ovules and seed solitary in the cells (except No. 7). Calyx-tube adherent to the ovary. § 1. Leaves whorled. Stipules none. 1. GALIDM. Corolla rotate, valvate in the bud. Fruit 2-celled. Herbs. § 2. Leaves opposite, rarely three in a whorl, with stipules interposed. * Herbs. Mature fruit dry. Flowers axillary, single or clustered. 2. SPERMACOCE. Carpels 2, one of them closed by the partition, the other open. Flowers clustered. RUBIACE^E. (MADDER FAMILY.) 173 3. BORRERIA. Carpels 2, both open on the inner face. Flowers clustered. 4. DIODIA. Carpels 2 - 3, bony and closed. Style 2-cleft. Albumen fleshy. 5. ERNODEA. Carpels 2, somewhat fleshy, closed. Style entire. Albumen horny. * * Shrubs. Fruit dry. Flowers in globular peduncled heads. 6. CEPIIALANTIIUS. Carpels 2-4, separating at the base, closed. * * * Shrubs. Fruit fleshy or pulpy. Flowers mostly axillary. i- Ovaries united, forming a compound berry hi fruit. 7. MITCIIELLA. Flowers by pairs. Stamens 4. Berry 4-seeded. 8. MOHINDA. Flowers numerous. Stamens 5- Berry 1-seeded. •<- •*- Ovaries and fruit separate. •H- Albumen horny. 9. CHIOCOCCA. Fruit flattened, even. Stigma entire. Seeds suspended. 10. PSYCHOTRIA. Fruit ribbed. Stigma 2-lobed. Seeds erect. •H- -H- Albumen fleshy. 11. STRUMPFIA. Corolla bell-shaped. Anthers subsessile, united. Leaves whorled. 12. GUETTARDA. Corolla salver-form. Anthers subsessile, separate. 13. ERITIIALIS. Corolla subrotate. Filaments slender. SUBORDER II. CINCHONE2E. Ovules and seeds numerous in the cells. Calyx-tube adherent to the ovary. Leaves opposite. * Fruit baccate, indehiscent. 14. HAMELIA. Fruit 5-celled. Stigma entire. 15. RANDIA. Fruit 2-celled. Stigma 2-lobed. * * Fruit capsular, loculicidally dehiscent. 16. PINCKNEYA. Shrub. Flowers cymose, terminal. Seeds winged. 17. EXOSTEMMA. Shrubs. Flowers solitary, axillary. Seeds winged. 18. OLDENLANDIA. Herbs. Capsule often free from the calyx above. Seeds wingless. SUBORDER III. LOGAMEJE. Ovules and seeds numerous in the cells. Calyx free from the ovary. Fruit capsular. Leaves opposite. * Herbs. 19. SPIGELIA. Corolla tubular. Style single, jointed. * 20. MITREOLA. Corolla short, 5-lobed. Styles 2, united above. 21. POLYPREMUM. Corolla short, 4-lobed. Style single. ** Evergreen woody vines. -•;.-' 22. GELSEMIUM. Corolla campanulate. Seed winged. 1. GALIUM, L. Calyx-teeth obsolete. Corolla rotate, 3 - 4-lobed. Stamens 3-4. Styles 2, united at the base. Stigma capitate. Fruit double, separating into two 1-seeded closed carpels. Albumen horny. — Slender herbs, with square stems and whorled leaves. Flowers minute. ••— The following species are all perennials. * Fruit baccate : peduncles 1 - 3-JJowered : leaves 4 in a whorl. 1. G. hispidulum, Michx. Stems much branched, slightly roughened, hairy at the joints ; leaves small (2;/-6"), rigid, lanceolate-ovate, rough on the margins and veins beneath, acute ; berry roughened, bluish-black. (Rubia Brownei, Michx. ) — Dry sandy soil near the coast, Florida to North Carolina, and westward. May -Sept. — Stems l°-2° long. Root yellow. Flowers greenish- white. 15* 174 EUSTACES. (MADDER FAMILY.) i 2. G. Tiniflorum, Michx. Smooth ; stems mostly simple, slender, erect ; leaves linear, acute, rough on the margins, punctate beneath ; berry smooth, black. — Dry rich soil, Florida to South Carolina, and westward. June and July. — Stems numerous, 1° high. Flowers white. * * Fruit dry : peduncles commonly 3 — many-flowered. 3. G. trifldum, L. Stems slender, weak, smooth or rough-angled, at length diffuse ; leaves 4-6 in a whorl, unequal, varying from linear to spatu- late-lanceolatc, obtuse, smooth, or rough on the margins and midrib, the upper ones often opposite; peduncles 1 - 3-flowered ; corolla-lobes and stamens often 3; fruit smooth. (G. tinctorium, L.) — Wet places, Florida, and northward. June and July. — Stems 1° - 2° long. Flowers white. Plant dries black. 4. G. triflorum, Michx. Stems weak, diffuse, very rough ; leaves 4-6 in a whorl, lanceolate or elliptical, cuspidate, the upper surface and veins be- neath hispid ; peduncles mostly 3-flowered ; fruit densely uncinate-hispid. — Low shaded places, Florida to Mississippi, and northward. July. — Stems 2° - 3° long. Flowers greenish-white. A smoother form is G. cuspidatum, Muhl 5. G. pilosum, Ait. Stems rigid, hairy or roughened on the angles, branching ; leaves small (4" - 8"), 4 in a whorl, oval, slightly pointed, more or less hairy and roughened, dotted ; peduncles 2-3 times forking ; fruit pedi celled, bristly with hooked hairs. (G. Bermudianum, Ell, apparently a diseased state.) — Dry soil, Florida to Mississippi, and northward. June - Sept. — Stem 1 ° - 3° long. Flowers purple. 6. G. circsezans, Michx. Stems erect, smooth or nearly so ; leaves large (I'-l^'), 4 in a whorl, oval, mostly obtuse, 3-nerved, pubescent; peduncles forking, then spreading and spike-like ; fruit bristly with hooked hairs, nearly sessile, nodding. — Dry open woods, Florida to Mississippi, and northward. July. -j- Stems several, sparingly branched, 1° high. Flowers purple. 7. G. latifolium, Michx. Stems erect, smooth ; leaves thin, 4 in a whorl, ovate-lanceolate, acute, smooth, 3-nerved, dotted, minutely fringed on the mar- gins ; peduncles filiform, 2-3 times forking; fruit smooth. — Mountains of North Carolina, and northward. July. — Stems 1°-1|° high. Leaves 1'- 2' long. Flowers purple. 2. SPERMACOCE, L. Calyx 2 - 4-parted, persistent. Corolla salver-shaped or funnel-shaped, 4-lobed, vatvate in the bud. Stamens 4, inserted on the throat of the corolla. Stigma simple or 2-cleft. Fruit composed of two 1 -seeded carpels, separating from the apex downward, one of them closed by the partition, the other open. Seeds grooved on the inner face. — Low herbs. Leaves obliquely straight-veined, their bases connected by the bristly-fringed sheathing stipules. Flowers small, in axillary sessile clusters. 1. S. glabra, Michx. Stem 4-angled, smooth, erect ; leaves lanceolate or oblong, acute, roughened on the margins and veins beneath ; clusters globose, RUBIACE^E. (MADDER FAMILY.) 175 dense, many -flowered ; corolla barely longer than the lanceolate calyx-teeth, white, woolly within ; stamens and style included ; fruit obovate. — Banks of livers, Florida and westward. June. 1J. — Stem l°-2° high. 2. S. Chapmanii, Torr. & Gray. Stem erect, smooth, slightly angled ; leaves oblong-lanceolate, acute, rough above and on the margins ; clusters few- flowered ; corolla white, hairy within, 2-3 times as long as the calyx ; stamens and slender style exserted; fruit turbinate. — Dry soil, Florida, Georgia, and westward. July. 1J. — Stem 6'- 12' high. 3. S. tenuior, L. Stem slender, erect or prostrate, branching from the base, terete, smooth ; leaves lanceolate, rough above, remote ; clusters small, mostly few-flowered ; flowers minute, the smooth white corolla barely longer than the subulate teeth of the calyx ; stamens and style included ; fruit ovoid, hairy. — South Florida, in dry soil. (I) — Stem 3' - 12' long. 4. S. involucrata, Pursh. Stem alternately branched, very hispid ; leaves ovate-lanceolate, acuminate, hirsute on both surfaces ; stipules with many bris- tles ; heads terminal, involucrate ; stamens exserted. — Carolina, Frazer. — About a foot high. Leaves somewhat oblique. Flowers white with a very long tube. Pursh. (*) 3. BOBRERIA, Meyer. Carpels of the fruit separating from the apex downward, both opening length- wise on the inner face. Otherwise like Spermacoce, both in character and habit. 1. B. micrantha, Torr. & Gray. Annual; stem erect, slender, simple or branched above, 4-angled, smooth; leaves remote, lanceolate, mostly obtuse, narrowed at the base, the upper surface and margins rough, the lateral veins obscure ; clusters dense, globose, axillary and terminal ; calyx-teeth 4, subulate, longer than the minute (white) corolla ; fruit ovoid, hairy. — Waste places, Flor- ida. June - August. — Plant 6' - 1 8' high, pale green. Leaves 1' long. 2. B. podocephala, DC., var. pumila. Stems low (3' -6'), smooth, erect or ascending, branching at the base ; leaves smooth, linear, with the mar- gins revolute, those in the axils clustered, the floral ones mostly 4, longer than the solitary terminal long-peduncled globose head; stipular bristles 2-4; fruit pubescent, ovoid, crowned with two subulate spreading calyx-lobes ; corolla somewhat funnel-shaped, mostly 3-lobcd, smooth within ; stigma capitate. — Pine Key, South Florida, Dr. Blodgett. 4. DIODIA, L. Characters chiefly of Spermacoce, but the two bony indehisccnt carpels closed on the inner face. — Herbs. Corolla-tube often long and slender. Flowers few or solitary in the axils of the narrow leaves. 1. D. Virginiana, L. Perennial; stem and leaves smooth, pubescent, or hirsute ; stem prostrate, 4-anglcd ; leaves somewhat fleshy, lanceolate, acute, sessile ; flowers single, or 2 - 6 in a cluster ; corolla hairy within, the tube long 176 RUBIACE^E. (MADDER FAMILY.) and slender ; fruit ovoid, strongly ribbed, crowned with the 2 (rarely 4) linear or lanceolate calyx-teeth. (D. tetragona, Walt. D. hirsuta, Pursh.) — Wet places, Florida to North Carolina, and westward. June - Sept. — Stem 1° - 4° long. Flowers white or purplish. 2. D. teres, Walt. Annual ; stem erect, widely branched from the base, terete, bristly or hairy ; leaves linear or lanceolate, acute, rough ; flowers soli- tary or 2 - 3 together ; corolla funnel-shaped ; fruit obovate, even, crowned with the 4 short calyx-teeth. (Spermacoce diodina, Michx.) — Dry sandy soil, Flor- ida to Mississippi, and northward. July -Sept. — Stem 6' -12' high, some- times prostrate. Flowers purplish. 5. ERNODEA, Swartz. Calyx ovate ; the limb 4 - 6-parted, persistent. Corolla salver-shaped, slender ; the lobes 4-6, re volute. Stamens exserted; anthers linear, erect Style slen- der, longer than the stamens. Fruit obovate, somewhat fleshy, the two separa- ble horny carpels closed. Seeds furrowed on the inner face. — A somewhat shrubby prostrate and smooth plant, with rigid 3-nerved lanceolate leaves, and solitary sessile axillary flowers. 1. E. littoralis, Swartz. — South Florida, along the coast. March and April. — Stems straight, rigid, 4-angled, smooth. Branches short, alternate. Leaves sessile, smooth, acute, the upper ones crowded. Flowers sessile in the upper axils, yellow. Fruit roundish. 6. CEPHALANTHUS, L. BUTTON-BUSH. Calyx obconical, 4-toothed. Corolla tubular, 4-clcft, imbricated in the bud. Stamens 4. Style slender, exserted. Stigma capitate. Fruit diy, obconical, separating from the base into 2-4 one-seeded carpels. Seeds pendulous. Albu- men horny. — Aquatic shrubs, with oval or lanceolate leaves, short entire sti- pules, and white flowers collected into a globose long-peduncled head. Recep- tacle hairy. 1. C. OCCidentalis, L. Smooth, or the young branches and lower sur- face of the ovate-oblong acute leaves pubescent ; peduncles terminal, and in the upper axils. — Ponds and marshes, Florida, and northward. July and August. — Stem 4° -12° high. Leaves petioled, 3' - 5' long, sometimes 3 in a whorl. Heads 1' in diameter. 7. MITCHELLA, L. Flowers by pairs, with their ovaries united. Calyx 4-toothed. Corolla fun- nel-shaped, 4-lobed, hairy within, valvate in the bud. Stamens 4. Style slen- der. Stigmas 4. Fruit composed of two 4-seeded fleshy drupes united, crowned with the 4-toothed calyx. — A smooth creeping evergreen shrub, with small broadly-ovate leaves, minute stipules, and fragrant white terminal flowers. 1. M. repens, L. — Shady woods, Florida to Mississippi, and northward. March and April. — Stem l°-2° long. Leaves 6" -10" long, mostly some- what cordate, shining above, on slender petioles. Corolla ^' long. Fruit red. KUBIACEJL. (MADDER FAMILY.) 177 8. MOKINDA, L. Flowers numerous, their ovaries united into a head. Calyx obscurely toothed. Corolla funnel-shaped, 5-lobed, valvate in the bud. Stamens 5, short. Stylo slender. Stigmas 2, filiform. Fruit composed of 2-4 one-seeded carpels, all united into a fleshy head. — Trees or shrubs. Leaves opposite or whorled. Stipules within the leaves. Flowers terminal, or opposite the leaves. 1. M. Roioc, L. Stem smooth, procumbent or climbing; leaves smooth, lanceolate and acuminate, or obovate oblong and abruptly acute, short-petioled ; stipules broad and short ; flowers small, crimson. — South Florida. March and April. 9. CHIOCOCCA, Browne. Calyx ovate, 5-toothed. Corolla funnel-shaped, 5-lobed, valvate in the bud. Stamens 5, inserted on the base of the corolla ; anthers linear, included. Style slender. Stigma obtuse. Fruit fleshy, roundish, compressed, composed of two oblong 1-seeded nutlets. Seeds suspended. — Shrubs. Leaves smooth, petioled. Stipules connate. Flowers in axillary racemes, white or yellow. 1. C. racemosa, Jacq. Erect; leaves oblong (2' -3' long), acute at both ends ; racemes mostly longer than the leaves, often compound, many-flowered ; corolla many times longer than the calyx-teeth, white, turning yellow. — Varies with the stems prostrate and vine-like, leaves smaller (£'-!' long), more rigid, and longer than the few-flowered simple racemes. — South Florida. — Fruit white. 10. PSYCHOTRIA, L. Calyx ovate, 5-toothed, or nearly entire. Corolla short, funnel-shaped, 4-5- lobed, valvate in the bud. Stamens 4-5. Stigma 2-clcft. Fruit drupaceous, composed of two 1-seeded carpels, mostly ribbed or angled when dry. Seeds erect. Albumen horny. — Shrubs or trees. Leaves opposite, narrowed to a petiole. Stipules sometimes membranaceous and deciduous. Flowers mostly in terminal corymbs or panicles. 1. P. lanceolata, Nutt. Leaves lanceolate, acuminate at each end, the lower surface as well as the branches ferruginous-pubescent ; stipules clasping, ovate, acute or acuminate, deciduous ; corymbs terminal, trichotomous at the base. — South Florida. — Leaves 2' - 3' long. Fruit ovate, red. 2. P. undata, Jacq. Leaves oblong, acuminate at each end, undulate, rugose, and, like the branches, smooth ; stipules round, membranaceous, decidu- ous ; cyme sessile, twice trichotomous, shorter than the leaves ; corolla naked at the throat, hairy at the insertion of the filaments ; fruit (dry) ovoid, 10-ribbed. — South Florida. — Leaves about 3' long. Flowers small. 11. STRUMPPIA, Jacq. Calyx-limb 5-parted ; the lobes acute, erect. Corolla somewhat bell-shaped, deeply 5-parted, the tube very short, the lobes erect, lanceolate, spreading at the apex. Stamens 5, inserted on the base of the corolla ; filaments very short ; 178 RUBIACE^E. (MADDER FAMILY.) anthers thick, cohering in an ovoid-oblong 5-angled tube. Style single, as long as the anthers, villous ; stigma obtuse, 2-lobed. Ovary 2 - 4-celled with a single ovule in each cell. Fruit a 2 -4-celled, 1 - 4-seeded drupe. — A low maritime shrub. Branches roughened by the persistent stipules, trichotomous. Leaves ternate, very rigid, linear, obtuse, entire, the margins revolute. Flowers small, in axillary racemes, shorter than the leaves. Corolla pubescent. Drupe small, red. 1. S. maritima, Jacq. — South Florida, Dr. Blodyett. 12. GUETTARDA, L. Calyx-tube ovoid, the limb tubular, scarcely toothed. Corolla salver-shaped, 4 - 9-lobed, naked in the throat. Anthers 4-9, sessile in the throat of the co- rolla. Style simple. Stigma mostly capitate. Fruit composed of 4 - 9 one-seeded bony carpels, united. — Trees or shrubs, with ovate or lanceolate leaves, and lanceolate deciduous stipules. Peduncles axillary, forking. Flowers sessile. 1 . G. Blodgettii, Shuttl. Leaves membranaceous, elliptical, slightly mu- cronate, feather-veined, rough above, the lower surface, especially the veins, like the branches and cymes, covered with appressed silky hairs ; cymes shorter than the leaves, 5 - 10-nowered ; flowers silky, tetramerous (rarely trimerous) ; stigma entire ; fruit globose, composed of 4 nutlets surrounded by 8 empty cells ; calyx- limb truncate, cleft on one side. — South Florida. — Leaves !'-]£' long. Fruit as large as a pea. 2. G. ambigua, DC. Leaves coriaceous, elliptical or somewhat obovate, cordate at the base, rugose, muricate above, the lower surface, like the branches and cymes, rusty-tomentose ; cymes longer than the leaves, several-flowered; fruit globose, 4-seeded, without empty cells. — South Florida. — Leaves larger than in No. 1. 13. ERITHALIS, Browne. Calyx ovoid, obscurely 4 - 10-toothed. Corolla somewhat rotate, 4 - 10-parted, with linear spreading lobes. Stamens 4-10, inserted on the base of the corolla : anthers linear. Style simple. Stigma 2-lipped. Fruit globose, ribbed, com- posed of 4-10 one-seeded bony carpels. Seeds suspended. — Smooth shrubs, with opposite petioled leaves, broad and short mucronate sheathing stipules, and axillary panicled flowers. 1. E. fruticosa, L. Leaves coriaceous, oblong, obtuse, shining, narrowed into a petiole ; panicles about as long as the leaves, many-flowered ; flowers mostly tetramerous, small ; fruit 5-ribbed, 6 - 10-celled. — South Florida. — Leaves 2' -3' long. Flowers small, white. 14. HAMELIA, Jacq. Calyx oval, 5-toothed. Corolla tubular, somewhat 5-angled, 5-lobed. Sta- mens 5, inserted into the tube of the corolla : anthers linear. Style simple. Stigma obtuse. Berry ovoid, 5-furrowed, 5-celled, many-seeded. Seeds minute, (MADDER FAMILY.) 179 compressed. — Shrubs, with opposite or whorled oblong petioled leaves, lanceo- late stipules, and orange-colored flowers, in axillary and terminal cymes. 1 . H. patens, Jacq. Pubescent ; branches angled ; leaves 3 in a whorl, oblong, acute ; cymes terminal, peduncled, umbellate ; corolla cylindrical, the lobes concave at the apex, and mucronate on the back. — South Florida. — Leaves 3' -5' long. Flowers crimson. Berry black. 15. BANDIA, Houst. Calyx obovatc, 5-toothed. Corolla salver-shaped, 5-lobed. Anthers 5, sessile in the throat of the corolla, linear. Style simple, short. Stigma clavate, 2-lobed. Fruit somewhat dry, 2-celled, many-seeded. Seeds wingless. — Branching mostly spiny shrubs, with opposite leaves, and solitary stipules between the petioles. Flowers solitary or in short racemes. 1 . B. aculeata, L. Spiny ; leaves small, obovate, smooth, coriaceous ; flowers solitary, axillary ; corolla (white) hairy in the throat, the tube 2-3 times as long as the calyx, the limb convolute in the bud. (K. latifolia, Lam.) — South Florida. — Branches rigid. Leaves 5" - 10" long, rather longer than the subulate spreading spines. Corolla 3" -4" long. Fruit ovoid, as large as a pea, about 6-seeded. Sinuses of the calyx hairy. 2. B. ? Clusiaefolia. Spineless ; leaves large, clustered at the end of the branches, obovate, smooth, mucronate ; stipules large, ovate, persistent ; racemes terminal, corymbose, shorter than the leaves ; calyx-teeth subulate ; corolla smooth within, fleshy, the tube many times longer than the calyx, the limb lanceolate, convolute in the bud. (Gardenia clusirefolia, Jacq. ?) — South Flor- ida.— Leaves 3' -4' long, 2' wide, apparently somewhat fleshy, black when dry. Corolla 1' long. 16. PINCETTE YA, Michx. GEORGIA BARK. Calyx oblong-obovate, 5-lobed ; the lobes lanceolate, deciduous, or one of them, in the outer flowers, often transformed into a large colored leaf. Corolla tubular, hairy, with 5 linear-oblong revolute lobes, slightly imbricated in the bud. Stamens 5, exserted : anthers oblong. Stigma obtuse. Capsule globose, papery, 2-celled, opening loculicidally at the apex, and at length septicidally to the base. Seeds numerous, in 2 rows, horizontal, membranaceous, winged. — A shrub or small tree, with pubescent branches. Leaves large, oval or oblong, acute, smoothish above, the lower surface, like the terminal compound cyme, hoary- pubescent. Stipules linear, deciduous. 1. P. pubens, Michx. — Marshy banks of streams in the pine barrens, Florida to South Carolina. May and June. — More conspicuous for its ovate pink-colored floral leaves, than for its purplish spotted corolla. 17. EXOSTEMMA, DC. Calyx obovate or tubular ; the limb 5-toothed, persistent. Corolla-tube very long, terete ; the limb with 5 long linear recurved lobes, valvate in the bud. 180 RUBIACE^E. (MADDER FAMILY.) Stamens 5, exserted. Style filiform, thickened above. Stigma obtuse or 2-lobed. Capsule coriaceous, ovoid, 2-celled, opening loculicidally at the apex, and septi- cidally nearly to the base, many-seeded. Seeds circular, imbricated, winged. — Trees or shrubs. Leaves opposite. Stipules solitary. Flowers white or reddish. 1. E. Caribseum, R. & S. Smooth; branches slender; leaves ovate- lanceolate, acuminate ; peduncles axillary, solitary, 1 -flowered ; corolla as long as the leaves. — South Florida. — Shrub 6° - 12° high. Corolla 2' long, fragrant. 18. OLDENLANDIA, Plum. BLUETS. Flowers tetramerous (except No. 8). Calyx 4-toothed, persistent. Corolla funnel-shaped, salver-shaped, or wheel-shaped, 4-lobed, imbricated in the bud. Stamens 4. Stigma mostly 2-lobed. Capsule roundish or obcordatc, 2-celled, opening loculicidally at the apex, which is often free from the calyx. Seeds few or many, wingless. — Chiefly small herbs, with opposite leaves. Stipules united with the petioles, sometimes fringed with bristles. Flowers small, white or pur- plish. * Corolla salver-shaped, longer than the calyx, smooth : flowers dimorphous, — some of them bearing exserted stamens and an included style, while others bear included stamens and an exserted style : peduncles axillary, solitary : capsule broad, free at the apex. 1. O. COerulea, Gray. Annual or biennial, smooth; stems tufted, fork- ing; leaves lanceolate, those at the base spatulate, clustered; peduncles elon- gated, erect or spreading. (Houstonia coerulea, L. II. patens, Ell.) — Moist banks, Florida to Mississippi, and northward. February and March. — Stems 3' - 6' high. Corolla blue or white, yellow in the throat. 2. O. serpyllifolia, Gray. Perennial, smooth ; stems filiform, prostrate, branching ; leaves ovate or roundish, abruptly contracted into a long and slen- der petiole ; peduncles elongated, terminal and in the forks of the stem. (Hous- tonia serpyllifolia, Michx.) — High mountains of North Carolina. — Stems 6'- 12' long. Peduncles 1 ' - 2' long. 3. O. rotundifolia, Gray. Perennial; stems diffuse, creeping; leaves round or oval, fleshy, abruptly contracted into a short petiole ; peduncles mostly shorter than the leaves, recurved in fruit; flowers white. (Houstonia rotundi- folia, Michx.) — Sandy soil near the coast, Florida to South Carolina, and west- ward. February and March, and bearing apetalous fruiting flowers through the year. * * Corolla funnel-shaped : flowers diueciously dimorphous : capsule free at the apex : stem ^-angled : flowers in terminal cymes. 4. O. purpurea, Gray. Pubescent ; stem branching, erect ; leaves ovate or lanceolate-ovate, sessile, 3-5-ribbed; calyx-lobes longer than the capsule; corolla purple or nearly white, slightly hairy within ; capsule roundish. (Hous- tonia purpurea, L.} — Woods, Mississippi to North Carolina, and northward. June and July. — Stems 8'- 12' high. Calyx-lobes occasionally 3-4 times the length of the capsule. RUBIACEJS. (MADDER FAMILY.) 181 Var. longifolia, Gray. Smooth; leaves lanceolate or linear, 1-ribbed, the lowest spatulate-oblong ; calyx-lobes as long as the globose capsule. (Hous- tonia longifolia, Willd.) — With the preceding. Var. tenuifolia, Gray. Branches and pedicels filiform, spreading ; leaves remote, narrow-linear; flowers and capsules smaller. (Houstonia tenuifolia, Nutt.) — Mountains of North Carolina. July. 5. O. angustifolia, Gray. Smooth; root woody; stems clustered, erect, branching above ; leaves linear ; cymes crowded, with the central flowers nearly sessile; corolla white, very hairy within; capsule ovoid, as long as the calyx - teeth. (Hedyotis stenophylla, Torr. $• Gray.) — Sandy pine barrens, Florida, and westward. June and July. — Stems 1° - 2° high. Var. filifolia. Stem shrubby at the base, diffusely branched ; leaves filiform, remote ; cymes scattered, 3-flowered, the slender pedicels equal and spreading ; capsule obcordate, rather longer than the calyx-teeth, the upper half free. — South Florida. — Stem slender, 6' -10' long. Flowers and capsules very small. * =* * Corolla wheel-shaped, shorter than the calyx-lobes : /lowers axillary and termi- nal, single or clustered, sessile : stamens and style very short : capsule enclosed in the calyx-tube : perennial: stipules fringed, 6. O. Boscii. Stems 4-angled, smooth, diffuse ; leaves linear ; flowers sin- gle, or 2-3 together; corolla white or purplish; capsule ovoid. (Hedyotis Boscii, D (7.) — River-banks, Florida to South Carolina, and westward. July. — Stems 6' -10' long. 7. O. glomerata, Michx. Stems terete, smooth or pubescent, branching ; leaves oblong or oval, short-petioled ; clusters dense, many-flowered ; corolla greenish- white. (Hedyotis glomerata, EH.) — Wet places, Florida to North Carolina, and westward. July. — Stems 10'- 15' high. * * * * Corolla funnel-shaped, 5-lobed, longer than the calyx-teeth : floivers axillary and terminal, pentamerous: capsule top-shaped, included in the calyx-tube: annual: stipules fringed. 8. O. Halei. Stem weak, diffuse, forking; leaves oval-oblong, acute at each end, somewhat fleshy ; flowers solitary, or in short 3 - 5-flowered cymes, white. (Hedyotis Halei, Torr. $° Gray.) — Banks of rivers, South Florida, and westward. July. 19. SPIGELIA, L. PINKROOT. Calyx 5-parted; the lobes linear-subulate, persistent. Corolla tubular-fun- nel-shaped, 5-lobed, valvate in the bud. Stamens 5 : anthers linear. Style slender, jointed, hairy above. Stigma capitate. Capsule composed of two few- seeded carpels, which at length separate at the base and open loculicidally. — Herbs. Leaves opposite. Flowers in one-sided terminal spikes, rarely solitary. 1. S. loganioides, A. DC. Stem simple, ascending, somewhat 4-angled, the upper part and joints slightly puberulent ; leaves ovate or obovate, sessile, the upper surface and margins roughish ; flowers axillary, solitary, or the ter- minal ones three in a cluster ; tube of the corolla more than twice as long as the 16 182 RUBiACEuE. (MADDER FAMILY.) calyx-lobes. (Coelostylis, Torr. fr Gray.) — Near Fort King, East Florida. — Stem 6' - 10' high. Leaves 4'-' - 9" long. Corolla 4" long, white. 2. S. gentianoides, Chapm. Stem erect, simple, 4-angled, roughish; leaves roundish, ovate, or oblong, sessile, acute, the upper surface and margins roughened ; spikes terminal, few-flowered ; lobes of the corolla connivent ; sta- mens and style included. — Light dry soil, West Florida. May and June. — Stem 6' - 10' high. CoroUa 6" - 10" long, pale rose-color. 3. S. Marilandica, L. Stem simple, erect, smooth, 4-angled; leaves ovate-lanceolate, or oblong, acute, sessile, pubescent on the veins ; spikes termi- nal, many-flowered, sometimes forking ; corolla long, slender, the lobes spread- ing; anthers and style exserted. — Rich woods, Florida to Mississippi, and northward. May and June. — Stem l°-2° high. Corolla l£' long, scarlet, yellow within. — A popular vermifuge. 20. MITBEOLA, L. MITRE-WORT. Calyx 5-parted. Corolla short, 5-lobed, valvate in the bud, the tube roundish, bearded in the throat. Stamens 5, included : anthers ovate. Styles 2, short, united above. Stigma capitate. Capsule 2-parted, mitre-shaped, many-seeded, the two lobes opening on the inner face near the apex. Seeds oval, concave. — Smooth herbs, with opposite leaves, and small white flowers in terminal and axillary cymes, with the simple branches recurved in the bud. 1. M. petiolata, Torr. & Gray. Stem branching; leaves thin, oblong, acute, narrowed into a petiole. (Ophiorhiza lanceolata, Ell.) — Muddy banks, Florida to North Carolina, and westward. June - Sept. (i) — Stem 4-angled, lo _ go high. Leaves 2' - 3' long. 2. M. sessilifolia, Torr. & Gray. Stem simple, 4-angled ; leaves thick, ovate of roundish, strongly veined, sessile, rough on the margins ; flowers and capsule very small. (Ophiorhiza Mitreola, Michx.) — Varies with lanceolate obscurely-veined leaves, and larger flowers and fruit. — Grassy swamps, Florida to North Carolina, and westward. July -Sept. (1) — Stem 6' -18' high. Leaves 6" - 10" long. Plant pale green. 21. POLYPREMUM, L. Calyx deeply 4-parted, persistent. Corolla wheel-shaped, bearded in the throat, 4-lobed, imbricated in the bud. Stamens 4. Style single, very short. Stigma ovoid, entire. Capsule ovoid, compressed, 2-celled, loculicidally 2-valved, many-seeded. — A low smooth perennial herb, with 4-angled forking stems, linear acute leaves, their bases united by the membranaceous stipules, and solitary ses- sile white flowers in the forks of the stem. 1. P. procumbens, L. — Waste places, Florida to North Carolina. June - Sept. — Stems 6' - 10', erect or prostrate, clustered. Flowers very small, the corolla barely longer than the calyx-lobes. VALERIANACE^E, (VALERIAN FAMILY.) 183 22. GELSEMIUM, Juss. YELLOW JESSAMINE. Flowers dimorphous. Calyx 5-parted, persistent. Corolla funnel-shaped, 5- lobed ; the lobes rounded, emarginate, spreading, quincuncial in the bud, the sinuses impressed. Stamens 5, inserted near the base of the corolla : anthers oblong-sagittate, extrorse. Styles united, filiform, partly persistent. Stigmas 4, linear, spreading. Capsule oblong, compressed, 2-celled, opening septicidally to the middle, and loculicidally at the apex, each valve tipped with the persistent base of the styles. Seeds several, oval, flat, winged, obliquely imbricated in two rows. — A smooth woody vine, with opposite evergreen* leaves, minute stipules, and large yellow fragrant flowers, in axillary bracted and cluster-like racemes. 1. G. sempervirens, Ait. — Margins of swamps, and river-banks, Flor- ida to North Carolina, and westward. March and April. — Stem twining, pur- plish. Leaves lanceolate or ovate, acute or subcordate at the base, short-petioled. Racemes few-flowered. Pedicels scaly. Corolla lf- 1£' long. ORDER 71. VALERIANACE^E. (VALERIAN FAMILY.) Herbs with opposite exstipulate leaves, and cymose flowers. — Calyx- tube adherent to the ovary. Corolla tubular or funnel-shaped, mostly 5- lobed, imbricated in the bud. Stamens distinct, fewer than the corolla- lobes, and inserted into its tube. Ovary 3-celled, two of which are empty, the third containing a single suspended anatropous ovule. Style slender. Stigmas 1-3. Fruit 1 - 3-celled, 1-seeded. Albumen none. 1. VALEBIANA, Toura. VALERIAN. Limb of the calyx composed of several plumose bristles, at first incurved, afterward spreading. Corolla gibbous at the base, 5-lobed. Stamens 3. Fruit 1-celled, 1-seeded. — Perennials. 1. V. scandens, L. Smooth; stem climbing ; leaves on slender petioles, ternately divided ; leaflets ovate, entire ; cymes paniculate, diffuse, axillary and terminal ; corolla very short. — East Florida. 2. V. pauciflora, Michx, Smooth; stem (l°-3°) erect, or decumbent at the base, simple ; leaves membranaceous, toothed or serrate, the radical ones mostly entire, ovate or cordate, long-petioled, the others pinnately 3 - 7-lobed ; cymes terminal, in a close panicle ; tube of the pale pink corolla long and slen- der. — Mountains of Tennessee, and northward. June and July. 2. 3TEDIA, Moench. LAMB-LETTUCE. Calyx-limb toothed or obsolete. Corolla funnel-shaped, 5-lobed. Statnens 3. Fruit 3-celled, two of the cells empty and sometimes confluent into one, the other 1-seeded. — Annual herbs, with forking stems, opposite entire or lobed leaves, and white or purplish flowers in crowded bracted cymes. 184 COMPOSITE. (COMPOSITE FAMILY.) 1. P. radiata, Michx. Leaves oblong, the upper ones clasping and toothed at the base ; fruit mostly downy, ovoid, with a furrow between the parallel and contiguous empty cells ; flowers white. — Kiver-banks, Florida, and northward. February and March. — Stem 6' - 12' high. ORDER 72. COMPOSITE. (COMPOSITE FAMILY.) Flowers clustered in a dense head upon a common receptacle, and sur- rounded by an involucre. Calyx united with the ovary ; the limb (pap- pus) either obsolete, or forming a cup-like or toothed border, or divided into chaffy scales or bristles. Corolla superior, flat or funnel-shaped, 5- (rarely 4-) lobed, valvate in the bud. Stamens alternate with the lobes of the corolla, and inserted into its tube : anthers cohering in a cylinder (syngenesious). Style single : stigmas 2. Fruit (achenium) dry and seed- like. Seed solitary, erect, without albumen. Radicle inferior. — Herbs or shrubs. Leaves without stipules. Involucre composed of short or leafy bracts (scales of the involucre}, arranged in 1-many series. Receptacle naked, or furnished with scales (chaffy). Heads with the flowers all tubu- lar (discoid), or all strap-shaped, or the marginal ones strap-shaped or ligulate (radiate). Artificial Synopsis of the Genera. SUBORDER I. TUBULIFLOR^. Corolla of the perfect flowers tubular, equally 5- (rarely 3 - 4-) lobed. Ray-flowers, when present, ligulate, either pistillate or neutral. § 1. Heads discoid. * Heads with the flowers all perfect. No. Pappus none. Leaves resinous-dotted. Flowers yellow. . . . FLAVERIA. 55 Pappus bristly or hairy. Flowers yellow. Receptacle pointed. . BIGELOVIA. 21 Receptacle flat Nos. 1 & 83 in SOLIDAGO. 20 Receptacle convex RUGELIA. 75 Flowers white, blue, or purple. Receptacle chaffy. Leaves opposite. Flowers white MELANTHERA. 40 Leaves alternate. Flowers purple. CARPHEPHORTJS. 8 Receptacle bristly. Leaves spiny CIRSIUM. 78 Leaves not spiny, cordate LAPP A. 79 Receptacle naked. Scales of the involucre in a single row CACALIA. 73 Scales of the involucre in 2 or more rows. Pappus double, the outer row very short VERNONIA. 1 Pappus single. Achenia ribbed or striate. Pappus plumose. Flowers cream-colored KUHNIA. 10 Pappus scabrous. Leaves cordate BRICKELLIA. 11 Pappus scabrous. Leaves not cordate LIATRIS. 9 COMPOSITE. (COMPOSITE FAMILY.) 185 Achenia not ribbed, 5-angled. No. Receptacle conical CONOCLINIUM. 14 Receptacle flat. Stems climbing. MIKANIA. 13 Receptacle flat. Stems erect EUPATORIUM. 12 Pappus scaly. Flowers blue or purple. Pappus a cup-shaped border of united scales CCELESTINA. 5 Pappus slender, almost bristly. Pappus deciduous. Heads large and single STOKESIA. 2 Pappus persistent. Heads small, in 3-bracted clusters. . ELEPHANTOPUS. 3 Pappus of 5 oval almost bony scales. Leaves whorled. . » . SCLEROLEPIS. 7 Flowers white. Receptacle naked. Leaves entire, linear or lanceolate. ,. PALAFOXTA. 57 Leaves entire, ovate or cordate AGERATUM. 6 Leaves pinnately lobed. ....... . . . IIYMENOPAPPUS. 58 Receptacle chaffy. Achenium top-shaped. Scales of the pappus 5 - 6. . . . MARSHALLIA. 63 Achenium flat. Pappus 2-awned. ACTINOMERIS. 49 Flowers yellow. Pappus 2 - 4-awned. Awns of the pappus deciduous HELIANTHUS. 47 Awns of the pappus persistent, hispid upward. .... COREOPSIS. 60 Awns of the pappus persistent, hispid downward BIDENS. 62 * * Heads with flowers variously imperfect. Marginal flowers pistillate. Central flowers perfect. Pappus bristly. Scales of the involucre in a single row. ERECHTIIITES. 72 Scales of the involucre in 2 or more rows. Involucre persistent. Leaves sinuate-lobed. CONYZA. 26 Involucre persistent. Leaves entire. Anthers tailed. . . . PLUCHEA. 28 Involucre persistent. Leaves entire. Anthers tailless. . . GNAPHALIUM. 70 Involucre deciduous. Heads spiked. . . . . . PTEROCAULON. 29 Pappus not bristly, 5-lobed TANACETUM. 67 Pappus none • .' ARTEMISIA. 68 Marginal flowers pistillate. Central flowers staminate. Pappus none. Style rigid, persistent. SOLIVA. 69 Pappus none. Style deciduous. Heads nodding IVA. 35 * Marginal flowers neutral. Central flowers perfect CENTAUREA. 77 * * * Heads dioecious or monoecious. Staminate and pistillate heads on the same plant. Fruiting involucre 1-seeded, naked or tubercled AMBROSIA. 36 Fruiting involucre 2-seeded, armed with hooked spines. . . . XANTHIUM. 37 Staminate and pistillate heads on separate plants. Anthers tailed. Hoary herbs ANTENNARIA. 71 Anthers tailless. Smooth shrubs BACCHARIS. 27 §2. Heads radiate. Rays pistillate. Flowers all fertile. Receptacle naked. Rays yellow. Leaves opposite. Pappus none FLAVERIA. 55 Pappus scaly PECTIS. 4 Rays yellow. Leaves alternate. Scales of the involucre in 1 row SENECIO. 74 Scales of the involucre in 2 rows. IIELENIUM. 69 Scales of the involucre in several rows INULA. 25 186 COMPOSITES. (COMPOSITE FAMILY.) Rays white or purple. Pappus none. . . . e . x • Pappus bristly. . . . •'» "••*i- . Receptacle pitted. Rays white or purple. Pappus double. Pappus single. Rays about 5. Achenia silky. . Pappus single. Rays numerous. Pappus bristly. . Pappus single. Rays numerous. Pappus scaly. . Rays yellow. Pappus double, of the ray and disk flowers alike. . Pappus double, of the ray flowers none. . . . Pappus single. Leaves opposite. Heads large, single or corymbose. . Leaves alternate. Heads racemed or clustered. Leaves alternate. Heads panicled. *, Receptacle chaffy. Involucre double, the outer 4-leaved, 4-angled. . Involucre imbricated or spreading. Maritime shrubs. Pappus 4-toothed. . -• •- .- -. . Herbs. Receptacle conical or elongated. Rays persistent. Corolla-lobes velvety. ." . >;- Rays deciduous. Achenia 3 - 4-angled. . . . Rays deciduous. Achenia compressed. . Receptacle flat. Leaves lobed, alternate Leaves not lobed. Pappus 2-awned. Leaves not lobed. Pappus none. . . Flowers of the disk sterile. Rays yellow. Pappus none. Rays yellow. Pappus a toothed crown Rays yellow. Pappus 2-toothed or awned. Achenia winged. Rays yellow. Pappus 2-toothed or awned. Achenia wingless. Rays white. Receptacle conical " » Rays neutral (without pistils). Receptacle naked, or nearly so. Achenia villous. Pappus scaly, long-awned. Achenia smooth or the angles hairy. Pappus awnless. Receptacle deeply pitted. Margins of the pits entire. Perennial Margins of the pits toothed. Annual Receptacle chaffy throughout. Involucre double. Pappus 2 - 4-awned. Awns of the pappus hispid upward. . . ... Awns of the pappus hispid downward. Achenia beakless. Awns of the pappus hispid downward. Achenia beaked. Involucre simple or imbricate. Pappus a cup-shaped border, or none. Chaff of the receptacle elongated, spine-pointed. Chaff of the receptacle not elongated nor spine-pointed. Pappus 2 -4-awned. Achenia winged. Leaves divided. Receptacle elongated. Achenia winged. Leaves undivided. Receptacle convex. Achenia wingless. Awns of the pappus deciduous. Achenia wingless. Awns of the pappus persistent. . Receptacle chaffy at the apex. Achenia ribbed. No. LEUCANTHEMUM. 66 ERIGERON. 17 DIPLOPAPPUS. 18 SERICOCARPUS. 15 . ASTER. 16 BOLTONIA. 19 CHRYSOPSIS. 24 HETEROTHECA. 23 ARNICA. 76 SOLIDAGO. 20 . ISOPAPPUS. 22 TETRAGONOTHECA. 43 > BORRICHIA. 39 ZINNIA. 41 HELIOPSIS. 42 SPILANTHES. 53 ACHILLEA. 65 VERBESINA. 54 . ECLIPTA. 38 POLYMNIA. 30 CHRYSOGONUM. 31 SILPHIUM. 32 BERLANDIERA. 33 PARTHENIUM. 34 GAILLARDIA. 56 LEPTOPODA. 60 . BALDWINIA. 61 ACTINOSPERMUM. 62 COREOPSIS. 50 BIDENS. 52 . COSMOS. 51 ECHINACEA. 44 . RUDBECKIA. 45 . LEPACHYS. 46 . ACTINOMERIS. 49 HELIANTHUS. 47 HELIANTHELLA. 48 MARUTA. 64 COMPOSITE. (COMPOSITE FAMILY.) 187 SUBORDER II. LABIATIFLOIkE. Corolla of the perfect flowers 2-lipped ; the outer lip 3-lobed, the inner 2-lobed. No. Herb stemless. Scape 1-flowerted. Flower nodding. . . . CHAPTALIA. 80 SUBORDER UI. LIGULIFLOR/E. Corolla of all the flowers li- gulate. \ Pappus none. Achenia many-ribbed » APOGON. 81 Pappus scaly and bristly. Scales of the pappus 5, with 5 intermediate bristles KRIGIA. 82 Scales of the pappus and bristles numerous CYNTHIA. 83 Pappus hairy. Pappus tawny or dirty-white. Flowers erect, rose-color. Leaves filiform LYGODESMIA. 86 i Flowers erect, yellow. Achenia beakless HIERACIUM. 84 Flowers erect, yellow. Achenia long-beaked PYRRIIOPAPPUS. 88 Flowers nodding, whitish or purplish. NABALUS. 85 Pappus clear white (except in one Mulgedium). Achenia conspicuously beaked. Achenia ribbed. Stemless herbs TARAXACUM. 87 Achenia flat. Stems leafy LACTUCA. 89 Achenia beakless or nearly so. Flowers blue. Achenia slightly beaked MULGEDIUM. 90 Flowers yellow. Achenia beakless SONCHUS. 91 SUBORDER I. TRIBE I. VERNONIACE^E. Heads discoid; the flowers all tubular and per- fect : branches of the style terete, filiform, hairy all over ; the stigmatic lines only on the lower part. — Herbs, with alternate leaves and purple flowers. PECTIS alone has pistillate rays and yellow flowers. 1. VERNONIA, Schreb. IRON-WEED. Heads many-flowered, the flowers all equal and tubular. Involucre shorter than the flowers ; the scales closely imbricated in several rows. Receptacle naked. Achenia cylindrical, ribbed. Pappus double; the exterior consisting of very short scale-like bristles, the interior of copious capillary bristles. — Per- ennial herbs, with alternate leaves, and corymbose purple flowers. 1. V. oligophylla, Michx. Stem nearly naked; leaves rough above, pubescent beneath, denticulate ; those at the base large, oval or oblong, the others small, distant, lanceolate; corymb few-flowered, spreading; involucre bell-shaped, the scales lanceolate, acuminate, fringed. — Damp soil, Geor- gia to North Carolina, and westward. July. — Stem 2° high, sparingly branched. 2. V. ovalifolia, Torr. & Gray. Stem pubescent, very leafy, corymbose- branched above; leaves roughish above, pubescent, beneath; the lowest ones oval or oblong, toothed-serrate ; the upper lanceolate and entire ; involucre bell- 188 COMPOSITE. (COMPOSITE FAMILY.) shaped ; scales ovate, acute, fringed. — Dry rich woods, Middle Florida. June and July. — Stem 2° - 3° high. 3. V. Noveboracensis, Willd. Stem more or less pubescent, branched above ; leaves lanceolate, serrate, mostly roughish above, smooth or pubescent beneath ; corymbs spreading ; involucre hemispherical, the scales fringed, ovate, ending in a long filiform point, or simply acute. (V. tomentosa, Ell. V. pras- alta, Willd.) — River-banks and low ground, Florida to Mississippi, and north- ward. July -Sept. — Stem 3°-6° high. Scales of the involucre purple, and usually covered with web-like hairs. 4. V. fasciculata, Michx., var. altissima, Torr. & Gray. Stem tall, and, like the lanceolate serrate leaves, smoothish; involucre small, hemispheri- cal; the scales ovate, acute or mucronate, fringed, appressed. (V. altissima, Nutt.) — Low ground, Florida to North Carolina, dnd westward. September. — Stem 6° - 10° high. Leaves 6' - 1 2' long. 5. V. angustifolia, Michx. Stem slender, smooth or hairy, very leafy ; leaves linear or linear-lanceolate, smoothish, or pubescent and roughish, the low- est ones sparingly denticulate, the upper entire, with the margins revolute ; cor- ymbs mostly umbel-like ; involucre bell-shaped ; the scales lanceolate, fringed, acute or conspicuously mucronate. (V. scaberrima, Nutt.) — Dry pine barrens, Florida to North Carolina, and westward. June - August. — Stem 2° - 3° high. 2. STOKESIA, L'Her. Heads many-flowered ; the marginal flowers much larger, deeply split on the inside, and ray-like. Involucre subglobose, bracted, the outer scales prolonged into a leafy bristly-fringed appendage, the inner ones lanceolate and entire. Re- ceptacle naked. Achenia short, 3-4-angled, smooth. Pappus composed of 4-5 filiform chaffy deciduous scales. — A sparingly branched downy-stemmed perennial. Leaves smooth, lanceolate, entire, the upper ones sessile, and, like the bracts, fringed at the base, the lowest narrowed into a slender petiole. Heads few or solitary, large, terminal. Flowers blue. 1. S. cyanea, L'Her. — "Wet pine barrens, South Carolina, and westward, very rare. — Stems 1° - 1|° high. Heads 1' wide. 3. ELEPHANTOPUS, L. ELEPHANT'S-FOOT. Heads 3 - 5-flowered, crowded in terminal 3-bracted clusters. Flowers all equal and similar. Involucre compressed ; scales 8, in 2 rows, dry, oblong, acute, dotted. Receptacle naked. Corolla deeply split on one side, palmate. Achenium oblong, ribbed, hairy. Pappus bristly from a dilated base, double or single. — Erect hairy corymbose-branched perennials, with alternate ample leaves, and purple or white flowers. 1. E. Carolinianus, Willd. Stem leafy, hairy; leaves thin, oval or oblong, incurved-serrate, hairy, tapering into a petiole; bracts ovate, longer COMPOSITE. (COMPOSITE FAMILY.) 189 than the heads ; scales of the involucre slightly hairy. — Damp shady soil, Flor- ida to Mississippi, and northward. July and August. — Stem l°-2° high. Leaves 3' -6' long, 2' -4' wide. Flowers purple. 2. E. tomentOSUS, L. Eough-hairy ; stem nearly naked ; radical leaves spreading, obovate-oblong, narrowed into a petiole; stem-leaves (1-2) small, lanceolate ; bracts ovate or cordate, usually shorter than the heads ; scales of the involucre very hairy. (E. nudicaulis, Ell.) — Dry sandy soil, Florida to North Carolina, and westward. June- August. — Stem l°-2° high. Eadical leaves 4' - 10' long, 2' wide, spreading on the ground. Flowers pale purple. 4. PECTIS, L. Heads several-flowered, radiate. Rays pistillate. Disk-flowers somewhat 2- lipped, perfect. Involucre cylindrical. Scales 5 - 8, in a single row. Recepta- cle naked. Branches of the style short, obtuse. Achenium linear. Pappus composed of about five unequal bristle-pointed scales. — Chiefly annuals. Leaves opposite, glandular-dotted, bristly on the margins. Flowers small, yellow. 1. P. linifolia, L. Stem diffusely branched (6'- 12' high) ; leaves linear, connate ; heads small, on long and slender bracted peduncles ; scales of the in- volucre slightly produced at the base ; achenia hairy. — South Florida. TRIBE II. EUPATORIACE^E. Heads discoid,- the flowers all tubular and perfect .- branches of the style, usually elongated, club-shaped, minutely pubescent ; the stigmatic lines obscure. — Flowers white, blue, or purple. 5. CCELESTINA, Cass. Heads many-flowered. Involucre nearly hemispherical ; the scales numerous, imbricated. Receptacle naked or chaffy. Achenia 5-angled. Pappus cup- shaped, truncate or more or less prominently toothed. — Leaves opposite, toothed. Heads in close corymbs. Flowers blue or purple. 1. C. maritima, Torr. & Gray. Stem diffuse, somewhat shrubby at the base, smooth ; leaves ovate, abruptly contracted into a slender petiole ; corymbs few-flowered ; receptacle naked ; pappus a whitish truncated margin. — South Florida. — Stem 1 ° - 2° long. Flowers blue. 6. AGERATUM, L. Receptacle always naked^ Pappus composed of 5-10 distinct scales. Oth- erwise like Coelestina. 1 . A. COnyzoides, L. Leaves ovate, rhombic, or cordate, on rather long petioles ; scales of the pappus 5, slightly serrate, awn-pointed from a broad base. — Wet places near Savannah, Georgia. May. — Pubescence and form of the leaves variable. Flowers white or blue. 190 COMPOSITE. (COMPOSITE FAMILY.) 7. SCLEROLEPIS, Cass. Heads many-flowered. Scales of the involucre linear, imbricated in two rows, equal. Receptacle naked. Corolla 5-toothed. Achenia 5-angled. Scales of the pappus 5, almost horny, oval. — A smooth aquatic perennial herb, with whorled linear leaves, and 1-3 heads of purple flowers, terminating the stem or peduncle-like branches. 1. S. verticillata, Cass. (Sparganophorus verticillatus, Miclix.) — Shal- low ponds, Florida to Mississippi, and northward. July. — Stems ascending, 1° high. Leaves 5 - 6 in a whorl. Heads £' wide. 8. CARPHEPHORUS, Cass. (LIATRIS, Ell] Heads many-flowered. Scales of the involucre imbricated in 3 - 5 rows, ovate or lanceolate, appressed. Receptacle chaffy. Achenia 10-ribbed. Pappus of numerous unequal bearded bristles. — Erect perennial herbs. Leaves alternate. Heads corymbed. Flowers purple. 1. C. Pseudo-Liatris, Cass. Pubescent and somewhat hoary; stem simple, rigid ; leaves linear, appressed, the lowest crowded, elongated ; corymb small, dense, mostly simple ; pedicels bracted ; scales of the involucre lance- olate, acute, hairy. — Open grassy pine barrens, West Florida. September. — Stem 6'- 18' high. Heads rarely racemose. 2. C. tomentOSUS, Torr. & Gray. Stem simple, tomentose; leaves smooth or hairy, gland-pointed ; the lowest oblong or lanceolate, 3-ribbed, nar- rowed into a long clasping petiole, the others numerous, small, oblong or oval, sessile ; corymb loose-flowered ; scales of the involucre very tomentose, the outer ones short, ovate, the inner oblong, acute. (L. Walteri, Ell.) — Low pine bar- rens, North and South Carolina. September. — Stem 2° high. 3. C. COrymboSUS, Torr. & Gray. Stem tall, hairy ; leaves smooth or more or less hairy; the lowest cuneate-lanceolate, obtuse, 1- or obscurely 3- ribbed; the others numerous, small, oblong, sessile; heads about 20, closely corymbed ; scales of the involucre nearly smooth and equal, oval, very obtuse, broadly margined. (L. tomentosa, Ell.) — Margins of swamps, Florida to North Carolina. September. — Stem 2° - 4° high. 4. C. bellidifolius, Torr. & Gray. Smooth ; leaves spatulate-lanceolate, 3-ribbed, obtuse ; heads few in a loose corymb ; scales of the involucre oblong, obtuse, sparingly fringed on the margins; pappus slightly plumose. — Dry sand-hills, Wilmington, North Carolina. ' September. — Stems several from the same root, 12'- 18' high. Heads sometimes panicled. « 9. LIATBIS, Schreb. BTJTTON-SNAKEROOT. Heads few- or many-flowered, the flowers all similar and perfect. Scales of the involucre imbricated. Receptacle naked. Corolla 5-lobed. Achenia nearly terete, narrowed at the base, about 10-ribbed. Pappus of numerous plumose or bearded bristles. — Perennial herbs (rarely shrubby), with mostly tuberous roots COMPOSITE. (COMPOSITE FAMILY.) 191 and simple stems. Leaves alternate, usually entire. Flowers purple, often va- rying into white, commonly dotted with resinous particles. § 1. Root tuberous: leaves very numerous, linear or lanceolate, the lowest broader and tapering at the base, the upper sessile: heads in spikes or racemes: achenia hairy: pappus plumose or bearded: stems simple, or in more vigorous plants sometimes branching below the spikes, and bearing fewer-flowered heads. * Scales of the involucre with petal-like or leafy tips: pappus plumose. 1. L. elegans, Willd. Heads very numerous in a cylindrical raceme, 4- 5-flowered ; inner scales of the involucre petal-like, purple ; stem tomentose ; leaves smooth, the lowest lanceolate. — Dry pine barrens, Florida to South Car- olina, and westward. August. — Stem 2° high. Heads showy. 2. L. squarrosa, Willd. Heads few or numerous, large, many-flowered, cylindrical ; scales of the involucre with leafy spreading tips ; stem pubescent ; leaves smoothish or hairy, long, linear, rigid, 3 - 5-ribbed. — Dry sandy soil, Florida to Mississippi, and northward. July and August. — Stem 1°- 1£° high. Heads 1' long, sessile or terminating short branchlets. Corolla-lobes hairy. * * Scales of the involucre not appendaged. H- Heads 3-6-flowered: pappus conspicuously plumose. 3. L. Boykinii, Torr. & Gray. Nearly smooth; stem slender; leaves linear, dotted; heads 3-4-flowered, rather closely spiked; scales of the invo- lucre smooth, lanceolate or linear, acuminate and spreading at the apex, as long as the pappus. — Near Columbus, Georgia. August and September. — Stem 1 ° - 2° high. Spike 6' - 1 0' long. 4. L. tenuifolia, Nutt. Smooth; stem tall and slender; leaves narrow- linear or filiform, the lowest long and crowded ; heads 5-flowered, in a long and close raceme ; scales of the involucre barely pointed, smooth, purple. — Dry pine barrens, Florida to North Carolina, and westward. September. — Stem 2° -4° high. Racemes often 1-sided. -»- H- Heads 3 -many-flowered: pappus densely bearded. 5. L. pauciflora, Pursh. Stem pubescent, declining; leaves linear, short, smooth; heads 4 - 5-flowered, in a long 1-sided raceme; scales of the involucre oblong-lanceolate, acute, smooth, or pubescent on the margins. (L. secunda, Ett.) — Dry sandy ridges in the middle districts. Alabama to North Carolina. September. — Stem 2° - 3° long. 6. L. Chapmanii, Torr. & Gray. Stem tomentose; leaves smooth or pubescent, linear, rather obtuse; the uppermost very short and bract-like; heads mostly 3-flowered, cylindrical, densely spiked ; scales of the involucre lan- ceolate, acuminate, smooth ; the outer ones much shorter and broader ; corolla and very hairy achenium large. — Dry sandy ridges, Florida. July -Sept. Stem l°-2°high. 7. L. gracUis, Pursh. Stem tomentose and somewhat hoary; leaves smooth or nearly so, the lowest lanceolate, obtuse, long-petioled, the others lin- ear, appressed or spreading, short ; heads small, 3 - 7-flowered, sessile or on slender tomentose and bracted pedicels ; scales of the involucre oblong, rather 192 COMPOSITE. (COMPOSITE FAMILY.) obtuse or mucronate, more or less pubescent ; the edges not margined and com- monly ciliate. — Sandy pine barrens, Alabama, Georgia, and Florida. Septem- ber.— Stem l°-2° high. Varies greatly in the length and direction of the pedicels. 8. L. graminifolia, Willd. Stem usually smooth, and striped with greener lines ; leaves more or less hairy on the upper surface, and fringed near the base ; the lowest lanceolate or linear-lanceolate, elongated, the upper linear ; heads in spikes or racemes, often very numerous ; involucre broadly obconical, 7-14-flowered; the scales oblong-spatulate, rounded at the apex, narrowly mar- gined. (L. gracilis, Ell, a more slender form, with the fewer-flowered heads on longer pedicels.) — Light dry soil, Florida to Mississippi, and northward. Sep- tember. — Stem 2° - 6° high. 9. L. spicata, Willd. Smooth; stem very leafy; leaves linear, erect the lowest very long, obtuse, 3 - 5-ribbed ; the uppermost small and bract-like heads sessile, cylindrical, 8 -12-flowered, crowded in a long cylindrical spike scales of the involucre smooth, obtuse, narrow-margined, purple. (L. resinosa, Nutt., a small form with 5-flowered heads.) — Swamps, Florida to Mississippi, and northward. August and September. — Stem rigid, 2° - 5° high. Spikes sometimes 2° - 3° long. Styles elongated. 10. L. pilosa, Willd. More or less pubescent with long scattered hairs ; stem stout ; leaves linear or linear-lanceolate, elongated, hairy ; heads in a loose simple raceme, 10-1 5-flowered ; scales of the turbinate or campanulate involu- cre glabrous, not punctate, with slight scarious margins, the exterior narrowly oblong, short, very obtuse ; the innermost linear ; achenia pubescent, nearly as long as the densely bearded (almost plumose) pappus. — Henderson County, North Carolina, Curtis. — A stout plant, with the heads 8" -10" long. 11. L. scariosa, Willd. Stem stout, pubescent ; leaves mostly pubescent, the lowest large, oblong or lanceolate, obtuse, the upper linear, acute ; heads large, 15-40-flowered, roundish, sessile or pedicelled; scales of the involucre spatulate or obovate, rounded at the apex, usually with broad and colored mar- gins ; the outer ones with spreading tips. (L. spheroidea, Michx.) — Dry light soil, Florida to Mississippi, and northward. September. — Stem 3° -6° high. Heads sometimes 1' wide. 12. L. heterophylla, Brown. Leaves lanceolate, smooth ; the upper ones linear-lanceolate and much smaller; heads about 10, roundish, spiked, crowded, 15 - 16-flowered ; scales lanceolate, with pointed spreading tips. — Geor- gia to North Carolina, not common. § 2. Root not tuberous : leaves obovate or oblong : heads few-flowered, corytnbed or panided: pappus minutely bearded. 13. L. Odoratissima, Willd. (HOUND'S TONGUE.) Stem herbaceous, smooth ; leaves smooth and often glaucous, obtuse ; the lowest spatulate-obovate, 3 - 5-ribbed, the upper oval or oblong, small, sessile ; heads 7 - 8-flowered, dis- posed in an ample spreading corymb or panicle. • — Flat pine barrens, Florida to North Carolina, and westward. September. — Stem 2° -3° high. The withering leaves exhale the odor of vanilla. COMPOSITE. (COMPOSITE FAMILY.) 193 * 14. L. paniculata, Willd. Stem viscid-pubescent ; leaves smooth ; the lowest spatulate-lanceolate, the upper lanceolate, sessile, small ; heads mostly 5- flowered, in small lateral and terminal corymbs, forming a dense oblong panicle. — Damp pine barrens, Florida to North Carolina, and westward. Sept. and Oct. — Stem 1° - 2° high. 15. L. fruticosa, Nutt. Stem shrubby, smooth ; branches naked above; leaves obovate, not ribbed, the lowest ones opposite ; heads corymbose, 5-flow- ered ; scales of the involucre lanceolate, acute, dotted. — East Florida. — Leaves 1' long. 10. KUHNIA, L. Heads 10-25-flowered. Flowers all similar and perfect. Scales of the in- volucre few and loosely imbricated in 2 - 3 rows. Receptacle naked. Corolla slender, 5-toothed. Achenium cylindrical, many-striate. Pappus a single row of strongly plumose bristles. — A perennial herb, with lanceolate or linear dotted leaves, and heads of yellowish-white flowers in panicled corymbs. 1. K. eupatorioid.es, L. Stem pubescent, or somewhat viscid, mostly branched ; leaves toothed or entire, pubescent, or smoothish beneath, the lower ones sometimes opposite ; corymbs loose or crowded. (K. Critonia, and K. glu- tinosa, Ell.) — Light and dry soil, Florida to Mississippi, and northward. Sept — Stem 2° - 4° high. 11. BBICKELLIA, Ell. Heads few- or many-flowered. Scales of the involucre linear, imbricated, the outer ones shorter. Receptacle flat, naked. Corolla 5-toothed. Achenia cylin- drical, 10-striate. Pappus a single row of bearded bristles. — Perennial herbs, with dotted opposite 3-ribbed leaves, and large heads of pale purple flowers, in terminal corymbs. 1. B. COrdifolia, Ell. Stem erect, tomentose, mostly branching; leaves ovate, serrate, mostly cordate, petioled, the upper ones often alternate ; heads large, 30 - 40-flowered ; achenia nearly smooth. — Light rich soil, "Western Geor- gia and Florida, and westward. Aug. — Stem 2° - 4° high. Flowers showy. 12. EUPATORIUM, Tourn. THOROUGHWORT. Heads 3 - many-flowered. Involucre cylindrical or bell-shaped, the scales in a single row, or imbricated in 2 - several rows. Receptacle flat, naked. Corolla 5-toothed. Achenia 5-angled, the sides smooth and even. Pappus a single row of slender rough bristles. — Perennial and mostly resinous-dotted herbs, with opposite or whorled leaves, and white or purplish flowers. § 1. Heads corymbed. * Scales of the cylindrical involucre numerous, closely imbricated in several rows, the outer ones shorter : heads few- or many-flowered : leaves chiefly opposite. 1. E. ivaefolium, L. Herbaceous; stem (3° -5°) erect, terete, rough- hairy, at length much branched ; leaves lanceolate, acute at each end, nearly 17 194 COMPOSITE. (COMPOSITE FAMILY.) sessile, 3-nerved, sparingly serrate ; corymbs dense ; heads 1 5 - 20-flowered ; scales of the involucre very obtuse, strongly striate. — Near Natchez, Mississippi, and South Florida. July - November. — Flowers blue. * * Scales of the involucre purplish, scarious, obtuse, imbricated in several rows, the outer ones much shorter : leaves whorled: flowers purplish. 2. E. purpureum, L. Smooth or pubescent; stem simple, tall, often spotted or dotted ; leaves petioled, 3-6 in a whorl, varying from lanceolate to ovate, coarsely serrate, roughish ; corymbs large, compound ; heads 5 - 10-flow- ered. — Swamps, rarely in dry woods, Florida to Mississippi, and northward. Aug. -Sept. — Stem 3° -10° high, solid or hollow, even or grooved. A vari- able species, including E. ternifolium, E. maculatum, and E. verticillatum, Ell. # * * Scales of the involucre (green or white] imbricated in 2 — 3 rows, the outer ones shorter: heads 5 - 20-flowered : leaves, achenia, <f~c. dotted with resinous glands: flowers white. H- Heads 5-floivered: leaves undivided, sessile or narrowed into a stalk-like base (except No. 12.) 3. E. hyssopifolium, L. Pubescent; leaves opposite, the upper ones alternate, lanceolate or ovate-lanceolate, coarsely serrate or toothed, 3-ribbed at the base ; scales of the involucre lanceolate, obtuse, mucronate, shorter than the flowers. (E. linearifolium, Walt.) — Varies with the leaves narrow-linear and entire, the lower ones 4 in a whorl, and numerous smaller ones in the axils. — Low ground, Florida to Mississippi, and northward. Sept. — Stem 2° - 3° high. Leaves rigid, sometimes all alternate. • 4. E. cuneifolium, Willd. Pubescent; leaves short, obovate-oblong, sparingly serrate near the summit, or entire, 3-ribbed, mostly very obtuse ; scales of the involucre obtuse, shorter than the flowers. (E. glaucescens, Ell.) — Rich shaded soil, Florida to South Carolina. Sept. — Stem 2° - 3° high. Leaves 1' long, pale and somewhat glaucous on both sides. 5. E. leucolepis, Torr. & Gray. Stem simple, virgate, minutely pubes- cent and roughened ; leaves somewhat remote, lanceolate or linear-lanceolate, acute, serrate, very rough on both sides, obscurely 3-ribbed ; corymbs ample, hoary ; scales of the involucre lanceolate, acuminate, white and scarious at the apex, as long as the flowers. — Flat pine barrens, Florida and northward. Sept. — Stem 2° high. Leaves l'-2' long. C. E. parviflorum, Ell. Tomentose ; stem slender, simple or branched above ; leaves alternate, opposite, or whorled, lanceolate, acute, strongly serrate, 3-ribbed near 'the base, tapering into a petiole ; corymbs large ; scales of the in- volucre lanceolate, obtuse, shorter than the flowers, scarcely longer than the mature achenia. — Margins of ponds and wet places, Florida to North Carolina, and westward. Sept. — Stem 2° high. Leaves 2' long, strongly veined. Flow- ers smallest of all. 7. E. seabridum, Ell. ? Stem, stout, tomentose ; leaves opposite, ovate- lanceolate, acute at both ends, thickly and unequally serrate, rough above, tomen- tose and somewhat glaucous beneath, 3-ribbed from near the base ; corymbs COMPOSITE. (COMPOSITE FAMILY.) 195 ample, dense ; scales of the involucre lanceolate, cuspidate, shorter than the flowers. — Low pine ban-ens, Middle Florida to South Carolina. August. Stem 2° high. Leaves l£' long. 8. E. rotundifolium, L. Stem pubescent, mostly simple ; leaves short, broadly ovate or roundish, obtusely serrate, roughish, mostly truncate at the base, 3-ribbed and somewhat rugose ; corymbs large ; scales of the involucre lanceo- late, acute, shorter than the flowers. — Low pine barrens, Florida to North Caro- lina, and westward. August. — Stem 2° high. Leaves 1' long. 9. E. teucrifolium, Willd. Rough-pubescent; leaves ovate or oblong- ovate, coarsely serrate and sometimes toothed near the base, 3-ribbed ; the upper ones small and remote ; corymbs dense, depressed in the centre ; scales of the involucre lanceolate, mucronate, shorter than the flowers. (E. verbenaefolium, Michx. ) — Damp soil, Florida and northward. Sept. — Stem virgate, 2° - 3° high. Leaves l'-l|' long, the base rounded or truncate. Branches of the corymb alternate. 10. E. album, L. Rough-pubescent or hairy; leaves oblong or lanceolate, narrowed at the base, toothed-serrate, strongly veined ; corymbs dense ; scales of the involucre lanceolate, smooth, or the outer ones pubescent, longer than the flowers, the acuminate or mucronate tips white and scarious. — Dry sandy soil, Florida to Mississippi, and northward. Sept. — Stem l°-2° high. Leaves 2' long. 11. E. altissimum, L. Stem tomentose; leaves opposite, lanceolate, acute, pubescent, strongly 3-ribbed, sharply serrate above the middle, narrowed at the base ; corymb dense, hoary ; scales of the involucre shorter than the flow- ers, linear-oblong, obtuse. — Sterile soil, North Carolina and westward. Sept. — Stem 3° - 7° high. Leaves 3' - 4' long. 12. E. sessilifolium, L. Smooth; leaves long, lanceolate, acuminate, serrate, rounded and closely sessile at the base ; corymb tomentose ; scales of the involucre oblong, obtuse. (E. truncatum, Ell.) — Open woods, in the upper dis- tricts, Alabama and northward. Sept. — Stem 2° -4° high, mostly branching above. Leaves 3' - 6' long, thin and veiny. 13. E. mikanioides, n. sp. Stem ascending from a creeping base, branching and tomentose above ; leaves opposite, long-petioled, deltoid, glandu- lar-serrate or toothed, truncate or abruptly acute at the base, resinous-dotted above, pubescent on the veins beneath ; the petioles somewhat connate ; corymb ample; scales of the involucre about 10, lanceolate, acute; anthers slightly exserted ; achenia 5-angled, glandular. — Low sandy places, on St. Vincent's Island, West Florida. Sept. — Stem l°-2° high. Leaves !'-!£' long, some- what fleshy. •*- •*- Heads 6 - 15-jlowered : leaves opposite. •*-*• Leaves sessile or perfoliate. 14. E. pinnatifidum, Ell. Pubescent; leaves lanceolate, pinnately lobed or pinnatifid, the uppermost linear and entire, the lowest ones whorled ; heads 6 - 9-flowered ; scales of the involucre lanceolate, acute. — Dry soil, Flor- ida to North Carolina. Sept. — Stem 2° - 3° high. 196 COMPOSITE. (COMPOSITE FAMILY.) 15. E. perfoliatum, L. Pubescent or hairy ; leaves lanceolate, acumi- nate, crenate-serrate, rugose, sessile and clasping at the base, or connate-perfoli- ate ; heads about 10-flowered ; scales of the involucre linear-lanceolate, acute. — Low ground, Florida and northward. Sept. — Stem stout, 2° - 3° high. Leaves 6' -8' long. +•*• -w- Leaves petioled. 16. E. serotinum, Michx. Pubescent; stem tall, mostly branching; leaves long-pctioled, ovate-lanceolate, acuminate, sharply serrate, 3-ribbed ; heads 12-15-flowered ; scales of the involucre linear-oblong, obtuse; achenia smooth. — Rich soil, Florida to North Carolina, and westward. Sept. — Stem 3° - 6° high. Leaves 4'- 9' long. 17. E. villosum, Swartz. Stem tomentose, branching ; leaves short- petioled, ovate, obtuse or mucronate, rusty-pubescent, denticulate or entire, 3- ribbed ; corymb dense; heads 10-15-flowered; scales of the involucre about 10, equal, linear, obtuse, shorter than the flowers ; anthers slightly exserted ; achenia hispid; pappus shorter than the flowers. — South Florida. — Leaves rigid, !'-!£' long. * * * * Scales of the involucre (green) equal, in a single row : heads 8 - 30-jloio- ered : leaves, achenia, 8fc. not resinous-dotted : leaves on slender petioles. 18. E. ageratoides, L. Smooth ; leaves thin, ovate or slightly cordate, acuminate, coarsely and sharply serrate, 3-ribbed ; heads 10 - 20-flowered ; scales of the involucre linear, acutish, slightly pubescent ; achenia smooth. — Rich shaded soil, Florida to Mississippi, and northward. Sept. — Stem commonly branching, 2° - 3° high. Leaves 3' - 5' long. Flowers white. 19. E. aromaticum, L. Pubescent; leaves thickish, ovate, or the low- est cordate, crenate-serrate, roughish, on short petioles, barely acute ; heads 8 - 15-flowered; scales of the involucre linear; achenia smooth. (E. ceanothi- folium, Willd.) — Dry open woods, common. Sept. — Stem 2° high. Leaves 1 ' - 2' long. Flowers white. 20. E. incarnatum, "Walt. Pubescent ; stem slender, reclining, diffusely branched ; leaves on long petioles, deltoid, acuminate, truncate or coulate at the base, coarsely serrate ; corymbs numerous, small ; heads about 20-flowered ; scales of the involucre linear, acute, 2-ribbed ; achenia hispid. — Rich shaded soil, Florida to North Carolina. Sept. — Stem 2° -4° long. Leaves l'-2' long. Flowers pale purple. § 2. Heads in panided racemes: leaves pinnately divided. 21. E. foeniculaceum, Willd. Stem tall, pubescent, paniculately much branched; divisions of the leaves filiform, smooth; heads 3 - 5-flowered ; scales of the involucre smooth, margined, notched at the apex, mucronate ; achenia smooth. — Chiefly in old fields, Florida to North Carolina, and westward. Sept. and Oct. — Stem 3° - 8° high. Flowers white. 22. E. coronopifolium, Willd. Pubescent; stem paniculately branched; divisions of the leaves linear ; heads crowded, 5-flowered ; scales of the invo- lucre mucronate, pubescent, margined ; achenia smooth. — Dry sandy soil, Florida to North Carolina. Sept. and Oct. — Stem 2° -4° high. Flowers white. — Probably a broader-leaved form of the preceding. COMPOSITE. (COMPOSITE FAMILY.) 197 13. MIKANIA, Willd. Heads 4-flowered. Scales of the involucre 4. Receptacle naked, flat. Anthers partly exserted. Corolla, achenia, £c. as in Eupatorium. — Chiefly climbing herbs, with opposite mostly cordate leaves, and whitish flowers. 1. M. scandens, Willd. Smooth or pubescent; leaves on slender peti- oles, acuminate, toothed or entire ; corymbs numerous, on short axillary branches or peduncles ; scales of the involucre linear, acute ; achenia minutely glandular. (M. pubescens, Muhl) — Swamps, Florida and northward. Aug. and Sept. — Stem twining. 14. CONOCLINIUM, DC. Heads many-flowered. Scales of the involucre nearly equal, imbricated in 2-3 rows. Receptacle conical, naked. Corolla 5-toothed. Anthers included. Achenia angled, smooth. — Perennial herbs, with opposite petiolcd serrate leaves, and heads of purple or blue flowers in a terminal corymb. 1. C. COBlestinum, DC. Smoothish; leaves deltoid-ovate, the lowest often cordate, acuminate, coarsely serrate ; heads 30 - 60-flowercd ; flowers blu- ish-purple. (Eupatorium ccelestinum, L.) — Rich soil, Florida and northward. Sept. — Stem 2° high. TRIBE III. ASTEROIDEJE. Heads discoid or radiate; the rays pistillate: branches of the style, in the perfect Jlower, flattened, linear or lanceolate, equally pubescent above on the outside ; the conspicuous stigmatic lines terminating where the exterior pubescence commences. 15. SERICOCARPUS, Nees. Heads 12 - 15-flowcred ; the ray-flowers about 5, white, pistillate ; those of the disk tubular and perfect. Involucre somewhat cylindrical or club-shaped ; the scales cartilaginous, whitish, closely imbricated in several rows, with greenish and more or less spreading tips. Receptacle pitted, toothed. Achenia short, obpyramidal, silky. Pappus simple, composed of numerous capillary bristles. — Perennial herbs. Leaves alternate. Heads crowded in a dense corymb. Disk-flowers yellow. 1. S. COnyzoides, Nees. Stem slightly pubescent, corymbose above; nearly terete ; leaves ciliate on the margins, otherwise smooth, the lower ones spatulate-oblong, serrate above the middle, the upper oblong er lanceolate and entire ; involucre top-shaped ; pappus rust-color. (Aster conyzoides, Willd.) — Dry gravelly or sandy soil, in the middle and upper districts, Georgia and north- ward. August. — Stem 1° - 2° high. 2. S. SOlidagineus, Nees. Smooth ; stem angled ; leaves lanceolate or linear, obtuse, entire, the lowest spatulate ; involucre top-shaped ; pappus white. (Aster solidaginoides, Willd. ) — Low ground in the upper districts. August. — Stem slender, 2° high. Heads smaller than in the last. 17* 198 COMPOSITE. (COMPOSITE FAMILY.) 3. S. tortifolius, Nees. Closely pubescent ; leaves short, obovate, rarely serrate, vertical ; involucre top-shaped ; the scales oblong and slightly spreading at the tips; pappus copious, white. (Aster tortifolius, Michx.) — Sandy pine barrens, Florida to North Carolina, and westward. August. — Stem l°-2° high. Leaves 1' long. 16. ASTER, Tourn. ASTER. STARWORT. Heads many-flowered ; the rays (white, blue, or purple) in a single series, pis- tillate. Scales of the involucre more or less imbricated, mostly with herbaceous or leafy tips. Receptacle flat, pitted. Achenia usually compressed. Pappus a single row" of numerous rough capillary bristles. — Perennial (rarely annual) herbs. Leaves alternate. Disk-flowers yellow, often changing to purple. $ 1. BIOTIA. — Involucre obovate-bell-shaped ; the scales (pale) closely imbricated, and nearly destitute of herbaceous tips: ackenia somewhat 3-angled: bristles of the pappus rigid : leaves large ; the lower ones cordate : heads corymbed. 1. A. COrymboSUS, Ait. Stem slender, smooth; leaves on slender peti- oles, thin, coarsely serrate, acuminate ; the lower ones cordate, the upper oblong ; involucre shorter than the disk, the scales obtuse ; rays 6-9, white. — Shady woods in the upper districts, Georgia and northward. Sept. and Oct. — Stem 1° - 2° high. Leaves 2' -4' long. Corymbs loose. 2. A. macrophyllus, L. Stem stout, rough-pubescent ; leaves large, rather thick, rough, mucronate-serrate, acute ; the lowest broadly cordate, on slender naked petioles ; the upper ovate, on short and winged petioles ; invo- lucre nearly as long as the disk ; the exterior scales rigid, with spreading fringed tips; rays about 10, pale purple. — Low shady woods, in the upper districts of Georgia, and along the mountains, northward. Sept. — Stem l^°-2° high. Leaves 4'- 6' long, 2' -4' wide. § 2. CALLIASTRTJM. — Scales of the involucre imbricated in several rows, coriaceous, usually with herbaceous spreading tips : rays 1 2 or more : achenia nearly smooth : pappus of unequal rather rigid bristles, somewhat thickened upward: leaves rigid, none of them cordate : heads large and showy. 3. A. mirabilis, Torr. & Gray. Rough-pubescent; stem corymbosely branched above ; leaves ovate, mucronate-serrate, sessile : the lowest abruptly narrowed into a petiole ; involucre hemispherical ; the scales oblong-linear, ob- tuse and recurved at the summit ; achenia nearly smooth, striate. — Columbia, South Carolina, Prof. Gibbes. Sept. — Stem 1° - 2° high. — Stem-leaves 1 ' - 3' long. Rays about 20, blue or violet, elongated. 4. A. spectabilis, Ait. Stem corymbose and glandular-pubescent above ; leaves oblong-lanceolate, rough on the upper surface, sessile and entire; the lowest tapering into a petiole, and sparingly serrate ; heads not numerous, single, terminating the branches; involucre nearly hemispherical, as long as the disk; the scales linear-oblong, with obtuse and spreading glandular tips. (A. surcu- losus 1 Ell., with obovate-oblong, mostly sen-ate leaves, and broader scales of the involucre.) — Pine barrens, Florida and northward. Sept. and Oct. — Rhizoma slender. Stem 1°- 2° high. Leaves 2' - 4' long. Heads %' in diameter. Rays about 20, 1 ' long, deep violet. COMPOSITE. (COMPOSITE FAMILY.) 109 5. A. gracilis, Nutt. Stem slender, slightly pubescent, corymbose at the summit ; leaves rough, oblong, partly clasping, entire ; the lowest obscurely cre- nate and narrowed into a petiole ; heads corymbose ; involucre (whitish) obconi- cal, as long as the disk ; the scales very unequal, acute, the lower ones much shorter, green and slightly spreading at the tips. — North Carolina and Tennes- see. Sept. — Stem l°-2° high. Leaves l'-2' long. Heads smallest of this group. Rays about 12, violet. 6. A. surculosus, Michx. Stems several from a creeping caudex, slen- der, pubescent above ; leaves lanceolate or linear-lanceolate, acute, smooth, the margins rough and sometimes sparingly serrate, clasping ; the lowest narrowed into a petiole ; heads solitary, or 3 - 5 in a simple corymb ; involucre broadly top-shaped, nearly as long as the disk ; the scales linear-spatulate, with abruptly pointed spreading herbaceous tips ; the outer ones lanceolate and leaf-like. — Margins of swamps, North Carolina. Sept. — Stems ^-l^0 high. Lowest leaves 4' - 6' long. Heads £' wide. Rays numerous, violet. 7. A. paludosus, Ait. Stem slightly roughened ; leaves linear, rigid, acute, entire, partly clasping, often fringed near the base ; heads 3-8, racemed or corymbed ; involucre hemispherical, as long as the disk ; the scales nearly equal, linear-spatulate, with mucronate green and spreading tips. — Low pine barrens, Florida to North Carolina. Sept. and Oct. — Stem l°-2° high. Leaves 2' - 4' long. Heads £' - f ' wide. Rays numerous, deep blue. 8. A. SpinuloSUS, n. sp. Rhizoma tuberous ; stem rigid, sprinkled with white jointed hairs ; leaves rigid, narrow-linear, pungent, appressed, the mar- gins fringed with bristly hairs ; the lowest ones very numerous and elongated ; heads 4-8 in a simple spike; involucre bell-shaped, rather shorter than the disk ; scales equal, lanceolate-subulate, rigid, erect, spine-pointed, bristly near the base; achenia strongly ribbed. — Damp pine barrens, West Florida, near the coast. June-August. — Stem 10'- 15' high. Lowest leaves G'-12' long, l"-3" wide ; the upper ones 1' long. Heads J' wide. Rays 12-15, pale blue. Pappus tawny. 9. A. eryngiifolius, Torr. & Gray. Rhizoma tuberous ; stem rigid, sprinkled with jointed hairs ; leaves lanceolate-linear, pungent, the lowest mostly entire ; the others erect, and fringed with spiny teeth ; heads very large, solitary or 3 - 4 in a loose raceme ; involucre hemispherical, shorter than the disk ; scales very numerous, herbaceous, rigid, lanceolate, tapering into a long and slender recurved tip ; achenia short, oblong. — Low pine barrens, Florida. June - Au- gust.— Steml°-2° high. Lowest leaves 4' -6' long. Heads 1' or more in diameter. Rays numerous, white. § 3. ASTER proper. — Scales of the involucre imbricated in various degrees, with herbaceous lips : rays numerous : achenia flattened: pappus of soft capillary bris- tles, not thickened upward: autumnal plants. * Leaves uniform, small, sessile, entire, silky or silvery on both sides, mucronate: scales of the involucre imbricated in 3 — several rows : rays violet-purple. 10. A. sericeus, Vent. Stem with numerous branches, bearing the large heads (single or 3 in a cluster) at their summits ; leaves oblong-lanceolate, sil- 200 COMPOSITE. (COMPOSITE FAMILY.) very ; scales of the involucre leafy and spreading ; achenia smooth. — A Western species, a form of which, with narrower and less silvery leaves and scales, grows on the mountains of North Carolina. — Stem 10' -20' high. Leaves £'-!' long. Heads showy. 11. A. COncolor, L. Stem mostly simple, slender, bearing towards the summit, the middle-sized heads in a long often compound raceme ; leaves lance- olate, silky when young ; the lowest ones oblong ; scales of the obovoid involu- cre lanceolate, appressed, the subulate tips spreading ; achenia silky. — Dry sandy soil, Florida and northward. — Boot sometimes tuberous. Stem l°-3° high. Leaves erect £' - 1' long. * * Leaves rough, all sessile or clasping and entire : heads chiefly solitary, terminat- ing the branchlets : scales of the obovoid or bell-shaped involucre imbricated in several rows, coriaceous, with herbaceous slightly spreading tips: rays purplish-blue : achenia hairy. H- Leaves very small, sessile : heads small: scales of the involucre spatulate. 12. A. squarrosus, Walt. Stem slender, diffuse ; leaves oblong or tri- angular-ovate, reflexed, very rough, sessile ; the lowest spatulate. — Dry soil, Florida to North Carolina. — Stem l°-2° high. Lowest leaves ^' long, the others 2" - 3" long. 13. A. adnatus, Nutt. Stem with the slender branches erect ; leaves ob- long, very rough, the midrib partly adnate to the stem, free at the apex ; the lowest wedge-obovate, free. — Sandy barrens, Florida and Alabama. — Stem l°-2° high. Heads smaller than in the preceding. •!- H- Leaves all clasping and auricled at the base : heads large : scales of the invo- lucre linear. 14. A. patens, Ait. Stem pubescent, loosely panicled above; leaves ovate-oblong, with very rough and wavy margins ; those on the slender and spreading branchlets very small. — Var. PHLOGIFOLIUS. Leaves larger, thinner, and less roughened, contracted below the middle ; heads often racemose on the short lateral branches. — Dry soil, chiefly in the upper districts. — Stem l°-3° high. Leaves l'-2' (in the var. 3' -6') long. Heads showy. * * * Leaves (and stems) smooth: the lowest tapering into a petiole, the others sessile or clasping: heads middle-sized, showy; scales of the obovoid involucre u-hitish, the short green tips scarcely spreading : rays bright blue : achenia mostly smooth. 15. A. l86Vis, L. Very smooth and often glaucous; stem rigid, panicled . above, bearing the showy heads on short rigid branchlets ; leaves oblong or lan- ceolate, coriaceous, mostly entire and rough on the margins ; the upper ones sessile or clasping ; scales of the involucre rigid, appressed, with abruptly pointed herbaceous tips. — Open woods in the upper districts. — Stem 2° - 3° high. 16. A. gracilentus, Torr. & Gray. Very smooth; stem slender, loosely panicled above, bearing the heads at the end of slender leafy branchlets ; leaves linear, elongated ; the lower ones coarsely toothed above the middle, the upper slightly clasping and entire ; scales of the involucre much shorter than the disk, COMPOSITE. (COMPOSITE FAMILY.) 201 lanceolate, acute, appressed. — Lincolnton, North Carolina, Curtis. — Stem pur- ple, 2° -3° high. Lower leaves 5' -6' long, 3" wide. Heads smaller than those of the preceding. 17. A. Virgatus, Ell. Stem very smooth, straight, bearing the heads in a single raceme at the summit of the long and slender branches ; leaves linear- lanceolate, entire, rough on the margins, partly clasping, the lowest broader and narrowed at the base ; scales of the involucre lanceolate, acuminate ; the outer ones spreading. — Western districts of Georgia, and westward. — Stem 3° - 4° high. Lower leaves 3' -6' long; those of the branches small and numerous. 18. A. concinnus, Willd. Stem nearly smooth, somewhat loosely cor- ymbose ; the branches virgate, dichotomous-paniculate ; leaves lanceolate, partly clasping, remotely and sharply serrate, with scabrous margins ; those of the branchlets oblong, entire ; scales of the involucre linear, acute, closely imbri- cated. (A. cyaneus? Ell.) —Florida to North Carolina. — Stem 2° -3° high. Achenia pubescent. * * * * Lower leaves large, cordate, on long petioles : heads middle-sized or small, racemcd or panicled : scales of the involucre somewhat membranaceous, with short green tips : rays blue or violet. •f- Leaves entire, or nearly so. 19. A. azureus, Lindl. Stem roughis.h, rigid, racemose-compound at the summit, the branches slender ; leaves rigid, rough ; the lowest ovate-lanceolate or oblong ; the upper lanceolate or linear, sessile ; those of the branches subu- late, appressed ; scales of the obconical involucre closely imbricated, abruptly acute. — Dry soil in the upper districts of Georgia and northward. — Stem 2° - 3° high. Rays bright blue. 20. A. Shortii, Hook. Stem smoothish, slender, racemose-panicled at the summit ; leaves nearly smooth, ovate-lanceolate, acute ; those of the stem all on slender petioles, and obtuse or cordate at the base, commonly entire ; those of the branches oblong, sessile ; scales of the bell-shaped involucre linear, closely imbricated, rather obtuse, shorter than the disk. — Mountains of Georgia and westward. — Stem 2° - 4° high. Rays violet-blue. 21. A. undlllatus, L. Pubescent; stem racemose-panicled above ; leaves varying from lanceolate to broadly ovate, often wavy or slightly serrate on the margins, roughish on the upper surface ; the lowest on long and slender petioles, which are dilated and clasping at the base ; the upper on broadly winged peti- oles, or sessile and clasping ; scales of the obovoid involucre linear, appressed, acute. (A. diversifolius, A. sagittifolius, and A. scaber, Ell. ; the last with smaller leaves, and very rough on both sides.) — Woods, common and very va- riable. — Stem 2° - 3° high. Heads small. Rays pale blue. 22. A. asperulus, Torr. & Gray. Roughish; stem racemose-panicled above, or simple ; lowest leaves oblong-ovate, obtuse or slightly cordate at the base, sparingly serrate, on slender (not clasping) petioles ; the upper oblong, narrowed at the base, sessile or on short winged petioles ; those of the branches minute ; heads loosely racemed or panicled, small ; scales of the hemispherical involucre lanceolate, acute. — Dry gravelly soil, West Florida, Georgia, and westward. — Stern 2° high. Rays pale blue. 202 COMPOSITE. (COMPOSITE FAMILY.) H- -i- Lowest leaves conspicuously serrate : heads small. 23. A. COrdifolius, L. Stem commonly smooth, racemosc-panicled above ; leaves smooth, or rough above and pubescent beneath, all cordate, serrate, and slender-petioled, or the uppermost on short winged petioles, or sessile and entire ; heads very numerous in panicled racemes ; scales of the obconical involucre loose- ly imbricated, with obtuse or slightly pointed green tips. — Open woods, in the upper districts. — Stem 1° - 3° high. Leaves commonly thin. Rays pale violet. 24. A. sagittifolius, Willd. Stem nearly smooth, racemose-branched above ; leaves ovate-lanceolate, acuminate, pubescent ; the lowest cordate, on long and mostly margined petioles ; the upper abruptly contracted into a winged petiole ; those of the branches lanceolate, acute at both ends, entire ; heads in dense compound racemes ; scales of the oblong involucre rather loosely imbri- cated, linear-subulate, the tips green and spreading. (A. paniculatus, Ell.) — Rich woods, Florida and northward. — Stem 2° - 3° high. Heads more crowded than those of the preceding. Rays purple. ***** leaves linear or lanceolate, entire, sessile ; radical ones spatulate-lanceo- late, serrate : heads small and numerous, racemed: scales of the involucre in several rows, rigid, with spreading or recurved green tips. 25. A. ericoides, L. Smooth; stem much branched ; leaves linear-lance- olate, acute at each end; those of the branches subulate; heads racemose, mostly on one side of the spreading branches ; scales of the involucre broadest at the base, with acute or subulate tips. — Var. VILLOSDS. Stem and broader leaves rough- hairy, and the smaller heads in shorter and more dense racemes. — Var. PLATY- PHYLLUS. Stem (3° -4°) and larger leaves clothed with soft white hairs ; heads larger. — Dry soil, Florida, and northward. — Stem 1° - 2° high. Rays white or pale blue. 26. A. multiflorus, Ait. Whitish-pubescent ; stem very leafy, and much branched ; leaves linear, obtuse at each end, often bristle-pointed, spreading or recurved, the upper ones sessile or somewhat clasping ; heads densely racemose on the short and very leafy branches, or sometimes solitary at their summits ; scales of the involucre broadest at the apex, obtuse or short-pointed. — Dry sterile soil, in the upper districts. — Stem l°-2° high. Leaves about 1' long. Rays white. ****** Leaves linear, lanceolate, or oblong, sessile, usually narrowed at the base : heads small or middle-sized : scales of the involucre membranaceous, with ap- pressed or slightly spreading tips : rays pale purple or white. -i— Heads small. 27. A. racemosus, Ell. Rough-pubescent; stem much branched, bear- ing the small heads in a spiked raceme near the summit of the slender erect branches ; leaves linear, sessile, rigid ; scales of involucre smooth, linear-subu- late ; the inner ones as long as the disk ; rays very short. — Damp rich soil, Paris Island, South Carolina. — Stem 2° high. Rays pale purple. 28. A. Baldwinii, Torr. & Gray. Rough-pubescent ; stem slender, pani- cled above, bearing the solitary or loosely racemose heads on the slender branch- lets ; leaves very rough, entire ; the lowest ovate, on slender margined petioles, COMPOSITE. (COMPOSITE FAMILY.) 203 the others sessile or partly clasping ; the uppermost very small, erect ; scales of the involucre in 3 - 4 rows, linear, acute. — Dry pine barrens, Florida and Geor- gia. — Stem 1° - 2° high. Lowest leaves 1' long, the upper ones 2" - 3" long, similar to those of No. 13. 29. A. dumosus, L. Smoothish ; stem slender, racemose-panicled, bear- ing the small heads chiefly on slender and very leafy branchlets ; leaves linear, entire, spreading or reflexed ; the lowest spatulate-lanceolate, serrate ; those of the branches short, linear-oblong, and mostly obtuse : scales of the involucre closely imbricated in 3-6 rows, with obtuse green tips. (A. foliolosus, Ell.) — Dry or damp soil, common, and running into several varieties. — Stem 2° - 3° high. Bays pale purple or white. 30. A. Tradescanti, L. Stem slender, pubescent, racemose-branched; leaves long, linear-lanceolate, sparingly serrate, tapering into a long and slender point ; the uppermost entire ; heads in close racemes along the spreading branch- es ; scales of the involucre narrow-linear, acute, imbricated in 3 - 4 rows. — Var. FKAGILIS. Leaves mostly entire ; heads fewer, often solitary on the branchlets. (A. tenuifolius, Ell.) — Low ground in the upper districts. — Stem 2° -3° high. Bays pale purple or white. 31. A. miser, L. Pubescent or hairy ; stem simple, and bearing the small heads in a long and leafy compound raceme, or diffusely branched, with the heads scattered along the branches, or in short few-flowered racemes ; leaves varying from linear-lanceolate to wedge-obovate, acute at each end, sharply ser- rate in the middle ; the lowest spatulate, the uppermost entire ; scales of the involucre linear, acute. — Low grounds and banks, common and very variable. — Stem 1° - 4° long. Bays white or purplish. A. diffusus, A. divergens, and A. pendulus, of Alton, are forms of this. -t- •*- Heads middle-sized. 32. A. simplex, Willd. Stem smooth or pubescent in lines, corymbose or racemose-branched ; heads in short racemes ; leaves lanceolate, acute or acu- minate at both ends, smooth, rough on the margins, the lower ones sharply ser- rate ; scales of the involucre linear-subulate, loosely imbricated. — Low ground, Florida, and northward. — Stem 3° -6° high, sparingly or diffusely branched. Leaves 2' - 4' long. Bays pale blue. 33. A. tenuifolius, L. Nearly smooth ; stem paniculatcly branched ; the rather small heads disposed in panicled racemes ; leaves long, narrow-lance- olate, tapering to a long and slender point ; the lower ones commonly serrate in the middle ; scales of the involucre numerous, linear-subulate, appressed. — Low ground in the upper districts, Georgia, and northward. — Stem 2° -3° high. Leaves 3' - 6' long. Bays short, pale purple or white. ******* leaves lanceolate or oblong, sessile, the upper ones more or less clasp- ing: heads large or middle-sized: scales of the involucre nearly equal, with spread- ing green tips : rai/s mostly large and numerous, blue or purple. 34. A. Novi-Belgii, L. Nearly smooth ; stem stout ; leaves oblong- lanceolate, pale or somewhat glaucous, serrate in the middle, acute or tapering at each end ; scales of the involucre rather closely imbricated, with broadish 204 COMPOSITE. (COMPOSITE FAMILY.) acute herbaceous tips ; rays pale blue or purplish. — Georgia and South Caro- lina.— Stem l°-4° high. Leaves thickish, the lowest 5' -6' long. Heads sometimes 1' in diameter. 35. A. longifolius, Lam. Stem nearly smooth, corymbose-panicled above ; leaves long, lanceolate, acuminate, shining above, the lowest narrowed at the base, and serrate in the middle, the upper sessile or partly clasping ; heads solitary or few on the rigid branchlets ; scales of the involucre linear, with green and subulate, or broader and abruptly pointed spreading tips ; rays purplish- blue. — Swamps, Georgia, and northward. — Stem 1° - 3° high. Leaves 3'- 6' long. Heads showy. 36. A. Elliottii, Torr. & Gray. Stem stout, smooth, very leafy, corym- bose-branched ; the branches short and pubescent in lines ; leaves large, oblong- lanceolate, acute, serrate, narrowed toward the base, and partly clasping ; the lowest spatulate-oblong, obtuse, crenate ; heads corymbed at the ends of the branches ; scales of the involucre subulate, with long and spreading tips ; rays pale purple. (A. puniceus, Ell.) — Swamps, Florida to North Carolina. — Stem 2° - 3° high. Leaves 4' - 6' long, or the lowest 1° long. 37. A. puniceus, L. Stem hispid, panicled above ; leaves lanceolate or oblong-lanceolate, acuminate, sharply serrate, very rough above, auriculate and clasping at the base ; scales of the involucre linear-subulate, in about two rows ; rays numerous and showy. — Swampy thickets along the mountains of North Carolina, and northward. — Stem 3° - 5° high, commonly purplish. Rays violet-purple. 38. A. prenanthoides, Muhl. Stem pubescent in lines, corymbose at the summit ; leaves ovate-lanceolate, acuminate, sharply serrate in the middle, contracted into a broadly winged petiole, which is dilated and clasping at the base, rough above ; scales of the involucre narrow-linear, imbricated in 3-4 rows, with spreading green tips. — Damp woods, North Carolina, and northward. — Stem l°-3° high. Leaves thin, 5' -6' long. Rays pale pur- ple. ******** Leaves lanceolate or oblong, entire, sessile or clasping: heads large, in corymbs or racemes: scales of the involucre numerous, with spreading green summits : rays numerous, shouoy. 39. A. grandiflorus, L. Stem rigid, rough with bristly hairs, sparingly branched ; leaves small, linear-oblong, sessile, hispid, commonly reflexed ; heads very large, solitary, terminating the branches ; scales of the involucre rigid ; the outer ones with obtuse spreading tips, the inner erect, acute ; rays violet. (A. ciliatus, Walt. ?) — Dry soil in the upper districts. — Stem 2° - 3° high. Leaves 1' - 2' long. Heads 1' in diameter. 40. A. Curtisii, Torr. & Gray. Smooth throughout ; stem simple, slen- der; leaves membranaceous, lanceolate, entire or slightly serrate, acuminate, sessile ; heads in a simple or slightly compound terminal raceme ; scales of the involucre linear-spatulate, coriaceous, the green and spreading tips barely acute ; rays purple. — Mountains of North Carolina. — Stem 2° - 3° high. Leaves 3' - 4' long. Heads £' - }' in diameter. COMPOSITE. (COMPOSITE FAMILY.) 205 41. A. CarolinianUB, Walt. Stem long and trailing ; the branches and leaves closely pubescent ; leaves short, oblong, acute, abruptly contracted into a short auriculate-clasping petiole ; heads single, or somewhat racemose at the ends of the branches ; scales of the involucre narrow-linear, with recurved subu- late tips ; rays slender, pale purple. — River-swamps, Florida to South Caro- lina. — Stem 4° - 10° long. Leaves 1 ' - 2' long. 42. A. Novse-AngliSB, L. Stem hairy or hispid, corymbose above; leaves lanceolate, acute, pubescent, scarcely narrowed at the auriculate-clasping base ; heads corymbed ; scales of the involucre linear-subulate, loosely imbri- cated, viscid ; rays violet-purple. — Upper districts, in low ground, and north- ward. — Stem 2° - 4° high, mostly purple. Leaves 2' - 3' long. Heads £' or more in diameter, numerous and showy. § 4. ORTHOMERIS. — Scales of the involucre regularly imbricated, scarious on the margins, without herbaceous tips : pappus soft-hairy. 43. A. acuminatus, Michx. Pubescent ; stem erect, corymbose above ; leaves large, oblong-lanceolate, acuminate, coarsely serrate, tapering at the base ; heads corymbed, on slender naked peduncles ; scales of the involucre linear- lanceolate ; rays white. — Mountains of North Carolina, and northward. Sept. — Stem 1° - 1£° high. Leaves thin, 3' - 5' long, strongly veined. § 5. OXYTRIPOLIUM. — Scales of the involucre without herbaceous tips, scarious on the margins : pappus soft-hairy : stems smooth and slender : leaves narrow, entire, mostly fleshy. * Perennial : scales of the involucre imbricated in several rows : rays conspicuous. 44. A. Chapmanii, Torr. & Gray. Stem erect, straight, branched above ; lower leaves long (3' - 9'), linear, spreading, the upper scattered, subulate, erect; heads large, solitary, terminating the slender branches ; scales of the, involucre lanceolate, rigid ; rays showy, purple ; achenia smooth, many-ribbed. — Pine- barren swamps, West Florida. Oct. — Stem 2° - 3° high. 45. A. flexUQSUS, Nutt. Stem mostly reclining, flexuous, sparingly branched ; leaves fleshy, narrow-linear ; heads few, scattered, terminal, small ; scales of the involucre narrow-linear, very acute, the lower ones smaller and passing into bracts ; achenia slightly hairy, 5-ribbed. — Salt marshes, common. Oct. — Stem 1° - 3° long. Rays white or pale purple. * * Annual : scales of the involucre in 2-3 rows : rays short. 46. A. linifolius, L. Stem paniculately much branched; leaves linear- lanceolate, tapering at each end ; those pf the branches linear or filiform, sessile ; heads small, very numerous, in leafy racemes ; scales of the cylindrical involucre linear-subulate, smooth ; rays in two rows, not longer than the disk ; achenia somewhat hairy, 5-ribbed. — Wet places along the coast, Florida, and north- ward. Oct. — Stem 2° - 3° high. Lowest leaves sharply serrate. 47. A. divaricatUS, Nutt. Stem diffusely branched ; leaves linear-subu- late ; the lowest ones linear, tapering at the base ; heads small, loosely panicled, on spreading peduncles ; scales of the involucre linear-subulate, smooth ; rays in a single row, longer than the disk ; achenia 4 -ribbed, hairy. — Salt marshes, 18 206 COMPOSITE. (COMPOSITE FAMILY.) Florida to South Carolina. Sept. — Stem 1°- 3° high. Lowest leaves oval or lanceolate, toothed ; those of the branches short and bract-like. Rays blue. 48. A. exilis, Ell. Very glabrous ; stem slender, tall, sparingly branched ; leaves very long, linear-subulate ; heads in racemes ; scales of the involucre linear-lanceolate, half as long as the rays. — Damp soil, in the Western districts of Georgia. Sept. and Oct. — Stem 4° - 5° high. Lowest leaves 4' - 6' long, 1 " wide. Rays pale purple. Achenia pubescent. 17. ERIGERON, L. FLEABANE. Heads mostly hemispherical, many-flowered. Rays very numerous, pistillate. Scales of the involucre nearly equal, in 1-2 rows. Receptacle flat, naked. Achenia compressed. Pappus a single row of capillary bristles ; or with an outer row of short chaffy scales or bristles. — Herbs. Leaves alternate. Rays white or purplish. * Pappus double, 1. E. strigOSUm, Muhl. Annual, rough-pubescent ; stem slender, corym- bose-panicled above ; leaves entire or sparingly serrate, the lowest oblong, taper- ing into a slender petiole, the upper lanceolate or linear, sessile, distant ; heads small, corymbose-panicled ; rays white or rose-color ; outer pappus short and chaffy. — Dry old fields, common. June. — Stem 2° high. * * Pappus single. •»- Annual: rays shorter than the disk. 2. E. Canadense, L. Hirsute or smoothish ; stem much branched ; leaves linear-lanceolate ; heads very numerous, in panicled racemes, small, cy- lindrical ; rays white ; disk-flowers 4-toothed. — Old fields, common. May - Sept. — Stem 1° - 3° high. •*- •«- Perennial : rays conspicuous. 3. E. Philadelphicum, L. Hairy; stem corymbose-branched above; leaves thin, toothed or entire ; the lowest spatulate-oblong ; the upper oblong- lanceolate, clasping ; rays very numerous and narrow, purplish. (E. quercifo- lium, Lam., with the lowest leaves pinnately toothed.) — Low ground, Florida, and northward. May. — Stem 2° - 4° high. 4. E. bellidifolium, Muhl. Hairy or villous; stem simple; lowest leaves spatulate or obovate, toothed above the middle ; the upper oblong, sessile and entire ; heads large, solitary or corymbose ; rays broadly linear, bluish-pur- ple. — Open woods and banks in the upper districts. March and April. — Stem 1° high, stoloniferous. 5. E. vernum, Torr. £ Gray. Smooth or nearly so ; stem simple, scape- like; radical leaves clustered, thick, spatulate or obovate, entire or slightly toothed ; the others small and remote ; heads corymbed ; rays (about 30) white. (E. nudicaule, Michx.) — Pine-barren swamps, Florida to North Carolina, and westward. March and April. — Rhizoma thick. Stem 1° - 2° high. 18. DIPLOPAPPUS, Cass. Heads many-flowered. Rays 8-12, pistillate. Scales of the involucre imbri- cated, without herbaceous tips. Receptacle flat, alveolate. Pappus of capillary COMPOSITE. (COMPOSITE FAMILY.) 207 bristles in two rows, the outer row much shorter. — Perennial erect herbs. Leaves alternate. Heads single or corymbose. Kays white or purple. * Rays purple. 1. D. linariifolillS, Hook. Stem rigid, simple, closely pubescent; leaves numerous, linear, spreading, the margins very rough ; heads solitary or some- what racemose ; scales of the involucre imbricated in several rows, linear, ap- pressed ; achenia silky. — Dry open woods, West Florida to Mississippi, and northward. September. — Stem 1° high. Leaves 1'long. * * Rays white. 2. D. COrnifolius, Darl. Stem pubescent ; leaves elliptical, tapering at each end, hairy on the margins and veins beneath ; heads few, on slender spreading peduncles ; achenia smooth. — Upper districts of Carolina, and north- ward. August. — Stem 1° - 2° high. Leaves 2'- 4' long. 3. D. amygdalinus, Torr. & Gray. Stem roughish and corymbose above ; leaves oval or oblong, acute at each end, nearly smooth ; heads numer- ous, corymbed ; scales of the involucre obtuse ; achenia hairy. — Swamps, Flor- ida, and northward. September. — Stem 2° - 4° high ; the branches spreading. Leaves l^'-2' long. 4. D. umbellatus, Torr. & Gray. Stem smooth, corymbose above ; leaves lanceolate, acuminate ; scales of the involucre acutish ; achenia hairy. — Swamps in the upper districts. September. — Stem 3° - 6° high. Branches erect. Leaves 3' -5' long. 5. D. obovatus, Torr. & Gray. Closely pubescent ; stem simple, scaly at the base ; leaves oblong, sessile, strongly veined ; heads large, corymbed, on long and naked (whitish) peduncles ; scales of the involucre acute ; achenia hairy. (Aster obovatus and A. dichotomus, Ell.) — Low pine barrens, Florida to South Carolina. May - July. — Stem 1° - 2° high. Leaves 1' - 2' long. 19. BOLTONIA, L'Her. Heads many-flowered. Rays pistillate. Scales of the hemispherical involucre imbricated in two rows, not longer than the disk. Receptacle hemispherical or conical, obscurely alveolate. Achenia flattened, obovate, wing-margined. Pap- pus composed of several short chaffy scales ; that of the disk-flowers mostly with 2-4 longer awns. — Perennial herbs, resembling Asters. 1. B. diffusa, Ell. Stem with long and slender branches ; leaves linear, entire ; heads small, terminal ; achenia narrowly margined, hairy ; pappus very short, 2-awned. — Damp soil, Florida to North Carolina, and westward. Sept. and Oct. — Stem 3° -4° high. Rays purplish. 2. B. glastifolia, L'Her. Stem paniculate ; leaves rigid, lanceolate, sparingly serrate ; the upper ones linear, entire ; heads rather large ; achenia broadly margined ; pappus of few short bristles, and 2-4 long awns. — River swamps, Florida, and northward. July - Sept. — Stem 3° - 5° high. Rays white. 208 COMPOSITE. (COMPOSITE FAMILY.) 3. B. asteroides, L'Her. Stem paniculate, the branches short ; leaves lanceolate, entire ; achcnia smooth, narrow-margined ; pappus very short, with- out awns. — Swamps, North Carolina. Stem 2° -3° high. Heads intermediate in size between the two preceding. 20. SOLIDAGO, L. GOLDEN-ROD. Heads few or many-flowered. Rays 1-16, rarely wanting, pistillate. Disk- flowers tubular, perfect. Scales of the involucre imbricated, rarely with spread- ing tips. Receptacle flat, mostly alveolate. Achenia terete, many-ribbed. Pappus simple, of numerous scabrous mostly capillary bristles. — Perennial (rarely shrubby) erect plants, with alternate leaves, and small heads of yellow flowers. § 1. CHRYSASTRUM. — Scales of the involucre with herbaceous spreading tips : bristles of the pappus unequal, some of them thickened upward : racemes short, forming a long and narrow leafy panicle. 1. S. discoidea, Torr. & Gray. Pubescent or hairy; stem simple or branched ; leaves ovate, acute, abruptly narrowed into a petiole, the lower ones coarsely serrate ; racemes composed of 3 - 6 large 10 - 15-flowered heads ; rays none ; achenia smooth. (Aster ? discoideus, Ell] — Rich woods, Florida, Geor- gia, and westward. September. — Flowers yellowish- white. Stem 3° - 5° high. 2. S. squarrosa, Muhl. Stem stout, simple, pubescent above ; leaves large, smoothish, oblong, acute, serrate, the lower ones tapering into a long winged petiole ; the upper sessile and entire ; racemes shorter than the leaves, composed of 3-6 clustered heads; rays 12 -16, showy; achenia smooth. — Mountains of Georgia, and northward. September. — Stem 2° - 4° high. Low- est leaves 6' - 8' long. Heads 16 - 24-flowered. § 2. VIRGAUREA. — Scales of the involucre oppressed : rays mostly fewer than the disk-flowers, rarely wanting : racemes racemose, corymbose, or panicled. * Racemes not \-sided ; leaves feather-veined. *- Racemes axillary, cluster-like, usually shorter than the leaves : the uppermost often crowded and racemose : leaves uniform, seirate. 3. S. pubens, M. A. Curtis. Stem simple, slender, pubescent ; leaves thin, oval-lanceolate, acuminate at each end, coarsely serrate, pubescent; ra- cemes dense, the upper ones racemose ; heads 8 - 14-flowered ; rays 4 - 7 ; scales of the involucre obtuse, villous-pubescent ; achenia hoary. — Upper and moun- tainous parts of North Carolina, Curtis. August. — Stem 2° - 3° high. Leaves 3' -5' long. 4. S. Buckleyi, Torr. & Gray. Villous-pubescent ; leaves oblong, acute at each end, coarsely serrate, smoother above ; racemes loose, all separate and much shorter than the leaves ; heads 15-20-flowered ; rays 4-6 ; scales of the involucre rather acute, nearly smooth ; achenia short and smooth. — Interior of Alabama, Buclcley. October. — Stem 2° high. Leaves 3' long. 5. S. latifolia, L. Stem smooth, simple, angled ; leaves oval or ovate, acuminate, abruptly contracted at the base, unequally toothed-serrate, mostly COMPOSITE. (COMPOSITE FAMILY.) 209 pubescent beneath ; racemes roundish or oblong, much shorter than tho leaves, the upper ones more or less racemose; heads about 10-flowered ; rays 3 -4; scales of the involucre smoothish, obtuse ; achenia silky-pubescent. ( S. flexi- caulis, Ell.) — Shady woods in the upper districts. September. — Stem. l°-2° high, often flexuous. Leaves 3' -5' long, 2' -3' wide. Racemes sometimes longer than the leaves. 6. S. cassia, L. Stem slender, often branching, smooth and glaucous ; leaves smooth, lanceolate, acuminate, sessile, sharply serrate ; racemes all dis- tinct, roundish, much shorter than the leaves ; the lowest rarely elongated ; heads about 10-flowered; rays 3-4, large, bright yellow ; scales of the invo- lucre smooth, obtuse ; achenia pubescent. — Damp shady woods and banks, Florida and northward. September. — Stem 2° - 3° high, often purple. Leaves 3' -5' long, £'- 1' wide. Racemes in all the upper axils. 7. S. Curtisii, Ton*. & Gray. Smoothish ; stem tall, not glaucous, straight and mostly simple, striate-angled ; leaves lanceolate or obovate'-lanceo- late, acuminate at each end, sharply serrate above the middle, sessile ; racemes dense, much shorter than the leaves ; heads 8 - 12-flowered ; rays 4 - 6 ; scales of the involucre oblong-linear, obtuse ; achenia hoary-pubescent. — Mountains of North Carolina and Tennessee. September. — Stem 2° - 3° high. Leaves 5' - 6' long. 8. S. moriticola, Torr. & Gray. Smoothish ; stem terete, simple and slender, puberulent above ; leaves very thin, oblong-lanceolate, acuminate, slightly serrate ; the upper ones small and bract-like ; racemes sessile, the up- permost approximate and nearly as long as the leaves; heads about 15-flow- ered ; scales of the involucre linear, acute ; achenia smooth. — Mountains of North Carolina, Curtis. September. — Leaves and flowers smaller than the last. 9. S. lancifolia, Torr. & Gray. Smooth ; stem tall, simple, angled ; leaves long-lanceolate, acuminate, finely serrate, sessile ; racemes approximate, peduncled, somewhat compound ; the upper ones longer than the reduced leaves ; heads nearly sessile ; scales of the involucre oblong, very obtuse, minutely gran- ular ; achenia hairy. — Mountains of North Carolina, September. — Stem 3° high. Leaves 4' -5' long. Heads large. -t- •«- Racemes crowded in racemose or pyramidal terminal panicles, longer than the leaves (except No. 15) : lowest leaves large, commonly tapering into a petiole, the uppermost small, sessile and entire. 10. S. bicolor, L. Pubescent; stem simple, or branching above; lowest leaves spatulate-oblong, serrate ; the upper lanceolate ; panicle racemose, the lowest racemes shorter than the leaves ; heads about 20-flowered ; rays 7-9, short, whitish ; scales of the involucre obtuse. — Dry soil in the upper districts, and northward. September. — Stem 1° - 2° high. Radical leaves 2' - 5' long. 11. S. puberula, Nutt. Minutely pubescent ; stem simple, virgate ; low- est leaves spatulate-oblong, serrate above the middle ; the upper lanceolate ; panicle dense, racemose or pyramidal ; heads about 30-flowered; rays about 10; scales of the involucre subulate ; achenia smoothish. (S. pubescens, Ell.) — Dry sandy soil, Mississippi, and northward. 18* 210 COMPOSITE. (COMPOSITE FAMILY.) Var. pulverulenta. Upper leaves shorter, oblong-obovate ; scales of the (20 -25-flowered) involucre linear-lanceolate; achenia smooth. (S. pulveru. lenta, Nutt.) — Damp pine barrens, Florida to North Carolina. Sept. and Oct. — Stem 2° - 4° high, often purplish. Lowest leaves 2' - 4' long. Flowers middle- sized, bright yellow. 12. S. petiolaris, Ait. Minutely pubescent ; stem mostly simple, straight, very leafy ; leaves oblong-lanceolate or elliptical, acute, rough on the margins, all but the lowest entire, and nearly sessile ; panicle racemose or oblong ; heads large, 20 - 25-flowered ; rays about 10, showy; scales of the involucre linear, pubescent; the outer ones more or less spreading ; achenia smoothish. (S. elata? Ell) — Dry sandy soil, Florida to North Carolina. Sept. — Stem 2° -3° high. Leaves 1 ' - 2' long. 13. S. speciosa, Nutt. Stem stout, mostly simple, smooth below, pubes- cent above; leaves smooth, the lowest large (5' -8' long, l^'-2' wide), serrate; the upper ones lanceolate ; panicle compact, pyramidal ; heads rather large, crowded, 15 - 20-flowered ; rays 6-8, showy; scales of the involucre lanceolate, obtuse ; achenia smooth. — Varies, with the stem and lower surface of the broader (2' -3') leaves villous ; the fewer, larger, and more scattered heads about 30-flowered (S. petiolaris, Ell. ?) ; or every way smaller; the short racemes forming a narrow racemose panicle (S. crecta, Ell.). — Dry soil, Florida to Mis- sissippi, and northward ; the first variety only in the tipper districts. Sept. and Oct. — Stem 3° - 5° high, often purplish. 14. S. verna, Curtis. Closely pubescent and somewhat hoary ; stem sim- ple, or panicled above ; leaves thin, roughish, the lowest oblong, abruptly nar- rowed into a long and slender petiole, the upper ones sessile and entire ; racemes very slender, spreading, forming an open somewhat corymbose panicle ; heads rather large, scattered, about 30-flowered ; rays narrow ; scales of the involucre linear ; achenia pubescent. — Pine barrens, near Wilmington, North Carolina, Curtis. May and June. — Stem 2° - 3° high. Lowest leaves 3' - 5' long. 15. S. glomerata, Michx. Smooth; stem stout, simple; leaves large, oblong-lanceolate, acuminate at each end, sharply serrate, the lowest tapering into a petiole ; racemes cluster-like, much shorter than the leaves ; the tipper ones approximate and racemose; heads very large, 30 - 40-flowered ; rays 10- 12 ; scales of the involucre acute, smooth ; achenia pubescent. — High moun- tains of North Carolina. Sept. — Stem 1° - 2° high. Leaves 4' - 9' long. H— •»— •«— Racemes corymbose. 16. S. 1'igida, L. Rough-pubescent and somewhat hoary; stem stout; leaves rigid, oval or oblong, serrate, sessile ; the lowest narrowed into a petiole ; corymb compact ; heads very large, 30 - 35-flowered ; rays 7 - 10 ; scales of the involucre oblong, obtuse ; achenia smooth. — Mountains of Georgia and north- ward. Sept — Stem 3° - 4° high. Lowest leaves 6' - 9' long. 17. S. COrymbosa, Ell. Stem erect, smooth ; the branches rough-hairy ; lower leaves oblong-lanceolate, the upper ovate ; all fleshy, rigid, smooth, but very rough and fringed along the margin ; racemes corymbose, the lower re- curved ; rays long. — Middle districts of Georgia. Sept. and Oct. — Stem stout, COMPOSITE. (COMPOSITE FAMILY.) 211 4° - G° high. Lower leaves 4' - 6' long. Scales of the involucre oval. Rays about 10. (*) 18. S. spithamsea, M. A. Curtis. Stem low (8' -12'), rigid, soft-hairy; leaves oblong-lanceolate, smooth, sharply serrate, acute; the lowest tapering into a petiole ; corymb dense, compound ; heads 25 - 30-flowered, rays 6-7, short ; scales of the involucre lanceolate, acute ; achenia pubescent. — On the summit of Roan and Hanging Rock Mountains, North Carolina, Curtis. Sept — Stems tufted. Leaves 1' - 3' long. * * Racemes 1-sided, mostly compound, spreading or recurved (in Nbs. 20 and 21 often erect), commonly disposed in a pyramidal panicle. •*- Smooth species, growing in marshes : stems virgate : leaves very numerous, more or less fleshy ; the lowest elongated and tapering into a margined petiole ; the upper small and passing into bracts: heads middle-sized: achenia pubescent. 19. S. flavovirens, n. sp. Smooth throughout ; stem stout, simple ; leaves oblong, obtuse or mucronate ; the lowest serrate, on winged petioles, the upper entire, narrowed at the base ; panicle pyramidal ; heads 10 - 12-flowered ; rays mostly 3, showy ; scales of the involucre lanceolate, acutish. — Brackish marshes, Apalachicola, Florida. Sept. — Whole plant yellowish-green. Stem 2° - G° high. Lowest leaves 5' - 10' long, somewhat fleshy, obscurely ribbed. Heads rather large. 20. S. virgata, Michx. Smooth ; stem slender, rarely branched ; leaves somewhat fleshy, entire ; the lowest oblong-spatulate, sometimes slightly serrate, veiny ; the upper very small, lanceolate, appressed ; panicle racemose, erect, or pyramidal, with the lower racemes 1-sided; heads 12-16-flowered; rays 5-7; scales of the involucre lanceolate, acute. — Pine-barren swamps, Florida to Mis- sissippi, and northward. Sept. — Stem 3° - 5° high. 21. S. angUStifolia, Ell. Smooth ; stem slender, simple, or branched above ; leaves fleshy, entire, the lowest lanceolate, the upper linear and acute ; panicle racemose or pyramidal, lower racemes spreading and 1 -sided ; heads rather small, about 10-flowered; rays 5, narrow; scales of the involucre linear, obtuse. — Salt marshes, Florida to North Carolina. Oct. — Stem 2° - 4° high. 22. S. sexnpervirens, L. Stem simple, or branched above ; lowest leaves lanceolate-oblong, entire, fleshy, long-petioled ; the upper lanceolate, acute, ses- sile or partly clasping ; panicle contracted or pyramidal ; heads rather large ; rays 7-10; scales of the involucre linear, acutish. (S. limonifolia, Per*.) — Salt marshes, Florida, and northward. Sept. and Oct. — Stem 3° -8° high. Leaves varying in thickness, the lowest 6'- 12' long. «- H- Stems (smooth) commonly branching: leaves not fleshy, serrate, veiny ; the lowest ample, tapering into a margined petiole : panicles pyramidal, or racemose on the spreading branches. 23. S. patula, Muhl. Stem stout, strongly angled ; leaves large, ovate or oblong, acute, very rough above, smooth beneath ; panicles dense, leafy ; pedun- cles pubescent ; rays 6 - 7 ; achenia sparsely pubescent. — Swamps, Georgia, and northward. — Leaves 6' - 12' long. 212 COMPOSITE. (COMPOSITE FAMILY.) Var. strictula, Torr. & Gray. Stem simple, or with few elongated rough- pubescent branches ; leaves smaller ; racemes short, forming a long and slender compound raceme. (S. salicina, Ell.) — Swamps, Florida, and northward. Sept. and Oct. — Stem 4° - 6° high. 24. S. arguta, Ait. Smooth ; leaves sharply serrate, acute or acuminate at each end, the lowest elliptical or lanceolate-oblong, somewhat 3-ribbcd, on winged and ciliate petioles ; the upper sessile ; panicle dense, somewhat corym- bose ; heads small, crowded, 1 8 - 20-flowcred ; rays 8-12, small; scales of the involucre obtuse ; achenia nearly smooth. (S. juncea, Ait., a form with narrower and less strongly serrate leaves, the upper ones entire.) — Rich soil in the upper districts. Sept. — - Stem 2° - 4° high. 25. S. Boottii, Hook. Stem smooth, or pubescent above ; leaves lanceo- late or oblong, acute or acuminate at each end, appressed-serrate, smooth or more or less pubescent; panicle open, oblong or pyramidal; heads about 12- flowered ; rays 5 ; scales of the involucre obtuse ; achenia nearly smooth. — Va- ries, with longer, narrower, and more sharply sen-ate leaves, and slender racemose panicles towards the summits of the spreading branches. (S. juncea? Ell.) — Sandy soil, Florida to North Carolina. Sept. — Stem 2° -3° high, often pur- plish. Heads larger and leaves more rigid than in the last. 26. S. gracillima, Torr. & Gray. Smooth ; stem slender ; lowest leaves spatulate-lanceolate, obtuse, serrate near the apex ; the others linear and entire ; heads rather large, 9-12-flowered, forming a narrow compound raceme at the summit of the stem and branches ; rays mostly wanting ; scales of the involucre oblong, obtuse ; achenia pubescent. — Dry pine barrens, Middle Florida. Oct. — Stem 2° high. -i- •*- -i- Leaves very numerous, gradually diminishing in size vpward, veiny, sessile, or the lowest narrowed into a short petiole : heads small. 27. S. altissima, L. Stem hirsute ; leaves ovate or oblong, acute, serrate, rough above, pubescent, especially on the veins beneath, often rugose, promi- nently veined ; panicle leafy, often narrow and elongated; the "racemes slender and recurved ; scales of the 10- 15-flowercd involucre linear; rays 6-9, small ; achenia pubescent. (S. rugosa, S. ulmifolia, and S. aspera, Ell.) — Low thick- ets, Florida, and northward. Sept. and Oct. — Stem 2° - 6° high, commonly branching. Leaves variable in texture and pubescence, being thin and smoother in shady places, and more rigid, rougher, and often rugose in places more ex- posed. */ v • 28. S. ulmifolia, Muhl. Stem smooth, or softly pubescent above ; leaves ovate-lanceolate, acuminate, serrate, smooth on the upper surface, paler and pu- bescent on the veins beneath ; panicle loose, spreading ; heads about 10-flowered ; rays 4-5; scales of the involucre acutish ; achenia nearly smooth. — Low ground in the upper districts of Alabama, and northward. Sept. — Stem 2° - 3° high. Leaves thin, 2' - 3' long. 29. S. Elliottii, Torr. & Gray. Smooth ; stem mostly simple ; leaves oblong-lanceolate or" elliptical, sessile, acute, finely serrate, the upper often entire; racemes crowded, forming a pyramidal panicle; scales of the 13-20- COMPOSITE. (COMPOSITE FAMILY.) 213 flowered involucre linear, obtuse ; rays 5 - 7 ; achenia minutely pubescent. (S. elliptical Ell.) — Damp soil near the coast, Georgia to North Carolina. Sept. — Stem 3° - 6° high. Leaves very numerous, 2' - 3' long. 30. S. pilosa, Walt. Stem hirsute, simple, or branching above ; leaves very numerous, oblong-lanceolate, slightly serrate, mucronate, rough above, pu- bescent on the veins beneath ; racemes numerous, slender, forming a pyramidal or somewhat corymbose panicle; heads narrow, 12-15-flowered ; rays 7-10, small ; scales of the involucre linear ; achenia slightly pubescent. (S. pyrami- data, Pursh. S. villosa, Ell.) — Low ground, Florida, and northward. Sept. and Oct. — Stem 2° - 8° high. Leaves 2' - 3' long. 31. S. odora, Ait. Stem mostly simple, pubescent in lines ; leaves entire, vaiying from linear-lanceolate to oblong-ovate, smooth on both surfaces, rough on the margins, punctate with pellucid dots, often reflexed ; panicle pyramidal, mostly one-sided ; heads 5 - 7-flowered ; rays about 3, showy ; achenia hairy. (S. retrorsa, Michx.) — Dry soil, Florida and northward. Oct. — Stem 2°- 3° high. Leaves 1 ' - 2; long. — Plant anise-scented. 32. S. tortifolia, Ell. Stem straight, simple or branched, rough-pubescent above ; leaves small, linear, entire, or the lowest slightly serrate, often twisted, pubescent on the margins and midrib ; panicle dense, pyramidal ; heads small, 6 - 9-flowered ; rays 3 - 4 ; scales of the involucre linear, obtuse ; achenia slightly pubescent. — Dry sandy soil, Florida to North Carolina. Sept. — Stem 2° -3° high. Leaves very numerous, 1 ' - 2' long. 33. S. brachyphylla, Chapm. Stem slender, pubescent, sparingly branched ; leaves smooth or pubescent on the veins, finely serrate, the lowest spatulate, the upper oval or orbicular ; racemes short, forming a compound ra- ceme toward the end of the spreading branches ; scales of the 3 - 5-flowered involucre rigid, obtuse ; rays none ; achenia pubescent, as long as the rigid pappus. — Dry light soil, Georgia, Florida, and westward. Sept. — Stem 2° - 3° high. Leaves 1'- 2' long. •»-•»—••— -i— Lowest leaves cordate, on long petioles : heads in simple or compound ra- cemes, 8 - IQ-Jlowered : pappus rigid, equalling or shorter than the hairy achenia. 34. S. amplexicaulis, Torr. & Gray. Pubescent and roughish ; stem, slender, sparingly branched above ; leaves sharply serrate, acute, the lowest broadly cordate ; those of the stem ovate, abruptly contracted into a broadly winged and clasping petiole, the uppermost small, sessile, and entire ; racemes slender, often simple; rays 1-3; pappus as long as the achenium. — Dry- open woods, West Florida, and westward. Oct. — Stem 2° - 3° high. 35. S. COrdata, Short. Pubescent; stem sparingly branched above; leaves acute, on wingless petioles ; the lowest large, coarsely serrate, cordate, the others ovate, sharply serrate, on short petioles ; the uppermost entire, sessile ; racemes compound, terminating the spreading branches, composed of crowded cluster- like racemes ; the lower ones scattered; scales of the 8-10-flowered involucre rigid, obtuse ; rays 5-6; pappus much shorter than the achenium. (Brachy- chaeta, Torr. fr Gray.) — Mountains of Georgia and North Carolina, and north- ward. Sept. — Stem 2° - 3° high. Lowest leaves 3' - 5' wide. 214 COMPOSITE. (COMPOSITE FAMILY.) •i- -t- H- 4- t- Leaves more or less prominently 3-ribbed. 36. S. nemoralis, Ait. Plant grayish, minutely pubescent and rough- ened ; stem mostly simple ; leaves obscurely 3-ribbed ; the lowest spatulate- oblong or lanceolate, serrate ; the upper lanceolate, acute, narrowed toward the base, mostly entire ; panicle dense, oblong or pyramidal, recurved ; heads 10 - 12-flowered ; rays 6 - 7 ; achenia hairy. — Old fields and open woods, common. — Stem l°-2° high. 37. S. Leavenworthii, Torr. &Gray. Stem simple, minutely pubescent and roughish ; leaves very numerous, smooth, linear-lanceolate, entire ; the low- est sparingly serrate; panicle pyramidal; heads rather large; rays 10-12; achenia pubescent. — Damp soil, Florida to South Carolina. Oct. — Stem 2° - 3° high. Leaves 2' -3' long, 3" -4" wide, faintly ribbed. 38. S. Canadensis, L. Stem pubescent and often rough ; leaves lanceo- late, acute or acuminate, sharply serrate, rough above, pubescent beneath ; pan- icles pyramidal, dense ; heads small ; rays very short ; achenia pubescent. — Varies (S. procera, Ell.), with a more hairy stem, less serrate leaves, the upper entire, and larger heads and rays. — Margins of fields, &c. Florida, and north- ward. Oct. — Stem 3° - 8° high. 39. S. serotina, Ait. Stem smooth, often purple ; leaves lanceolate, acu- minate, serrate, rough above, pubescent on the veins beneath ; panicle pyramidal, of numerous recurved racemes ; rays short ; mature achenia smooth. — Low ground, Florida, and northward. Oct. — Stem stout, 4° - 8° high. Heads larger than in the last, but smaller than those of the next species, 40. S. gigantea, Ait. Stem smooth ; leaves smooth, lanceolate, acumi- nate, sharply serrate, rough on the margins ; panicle large, pyramidal, pubes- cent; rays small; achenia pubescent. — Margins of fields, &c., Alabama, and northward. Sept. and Oct. — Stem 2° - 6° high. §3. CHRTSOMA. — Stem shrubby: leaves impressed-punctate, veinless: rays 1-3: receptacle conical, naked. 41. S. pauciflosculosa, Michx. Stem, .leaves, and involucre viscid; leaves spatulate-lanceolate or linear, obtuse, entire, the lowest scale-like ; pani- cle 1-sided; the clusters erect, on naked peduncles; heads 4-7-flowered; scales of the involucre obtuse ; achenia pubescent. — Sandy banks and shores, Florida to South Carolina. Oct. — Stem l°-2° high. Leaves l'-2' long. Kays large. § 4. EUTHAMIA. — Herbaceous: leaves narrow, entire, l-5-nerved: heads corym- bose : rays more numerous than the disk-flowers : receptacle bristly : involucre viscid. 42. S. lanceolata, L. Stem pubescent above, corymbose ; leaves linear- lanceolate, roughish on the upper surface, pubescent on the veins beneath, 3-5- nerved ; heads obconical, mostly sessile, in dense clusters ; rays 15-20. — Damp soil, Georgia, and northward. — Stem 2° -3° high. 43. S. tenuifolia, Pursh. Nearly smooth ; stem corymbosely much branched ; leaves linear, 3-nerved, glandular-dotted ; heads few in a cluster, COMPOSITE. (COMPOSITE FAMILY.) 215 often pedicellcd, top-shaped; rays about 10. — Low sandy places, common. Oct. — Stem 2° high. Heads smaller than those of the preceding. 21. BIGELOVIA, DC. Heads 3 - 4-flowered ; the flowers all tubular and perfect. Involucre cylin- drical-club-shaped, as long as the flowers ; the scales linear, rigid, appressed, somewhat viscid. Receptacle narrow, cuspidate. Achenia terete, striate, hairy. Pappus simple, of numerous scabrous capillary bristles. Styles scarcely exserted. — A smooth erect perennial herb, with narrow obtuse and entire leaves, and small heads of yellow flowers, disposed in a compound corymb. 1. B. nudata, DC. Stem mostly simple, virgate; lowest leaves spatutate- lanceolate, obscurely 3-nerved ; the others scattered, linear. (Chrysocoma nu- data, Michx.) — Var. VIRGATA. Lowest leaves linear-spatulate, 1 -nerved; the others narrow-linear or filiform ; heads larger. — Low pine barrens, Florida, and northward. Sept. — Stem 2° high. 22. ISOPAPPUS, Torr.&Gray. Heads several-flowered. Rays 5-12, pistillate. Involucre cylindrical-cam- panulate; the scales lanceolate-subulate, imbricated in 2-3 rows, appressed. Receptacle alveolate. Achenia terete, silky. Pappus a single row of nearly equal capillary bristles. — Biennials. Stems paniculate. Leaves alternate, nar- n, ... Heads scattered, on slender peduncles. Rays yellow. 1. I. divaricatus, Ton-. & Gray. Hispid and glandular ; stem erect, the slender branches spreading ; leaves linear-lanceolate, sparingly toothed ; involu- cre soft-hairy; rays 5-8. (Chrysopsis divaricata, Nutt.) — Sandy fields and woods, Florida, Georgia, and westward. Sept. — Stem 1°- 4° high. Panicle large. Heads 15-20-flowered. 23. HETEROTHECA, Cass. Heads many-flowered. Rays pistillate. Scales of the involucre imbricated in few rows, linear. Receptacle alveolate, bristly. Achenia of the rays oval, des- titute of pappus, those of the disk-flowers obovate, compressed, hairy, with a double pappus; the outer one short and chaffy, the inner bristly. — Biennial rough-hairy branching herbs, with irregularly toothed or entire alternate leaves, and corymbose-panicled heads of yellow flowers. 1. H. scabra, DC. Leaves oblong, toothed, commonly sessile or clasp- ing ; the lowest petioled, obtuse or somewhat cordate at the base ; involucre thick, shorter than the brownish inner pappus. (Chrysopsis scabra, Nutt.) — Dry sandy places along the coast, South Carolina, and westward. Sept. — Stem rigid, 1 ° - 2° high. Leaves 1 ' - 2' long. 24. CHRYSOPSIS, Nutt. Pappus of the ray and disk-flowers alike, double ; the exterior row chaffy, or of chaffy bristles, the interior longer, capillary ; otherwise like Heterotheca. — 216 COMPOSITE. (COMPOSITE FAMILY.) Biennial or perennial hairy or silky herbs, with linear or oblong mostly entire leaves. Heads mostly corymbed. Flowers yellow. * Leaves narrow, nerved, entire : achenia oblong-linear, narrowed at each end, pubes- cent : perennials. 1. C. graminifolia, Nutt. Stem leafy, white with appressed silky shin- ing hairs, as also the linear leaves ; heads numerous, rather small, on slender and more or less glandular peduncles ; involucre top-shaped, the linear scales glan- dular. (C. argentea, Nutt.) — Sandy pine barrens, common. Sept. — Stem 1° - 2° high. Lowest leaves 4' - 8' long. 2. C. Oligantha, Chapm. Stem nearly naked and glandular above, the lower part, like the linear or lanceolate leaves, silky with appressed shining hairs; heads 1-4, on long erect glandular peduncles, rather large; involucre bell-shaped, the scales glandular-pubescent. — Low pine-barrens, Florida. April and May. — * Stem 1° high. Stem-leaves clasping ; those of the root elon- gated. 3. C. pinifolia, Ell. Smooth ; stem rigid ; leaves linear, crowded, rigid ; corymb large ; scales of the involucre woolly at the summit. — High sand-hills in the Western districts of Georgia, Elliott. — Stem l£°- 2° high. Stem-leaves 4' -6' long, the uppermost filiform. Heads large. Exterior pappus somewhat chaffy. * * Leaves veiny, oblong or lanceolate ; the lowest narrowed at the base, the upper sessile : achenia obovate, compressed. 4. C. Mariana, Nutt. Perennial ; stem simple, covered with loose silky deciduous hairs ; lowest leaves spatulate-oblong, entire or slightly serrate ; the upper ones lanceolate, sessile, entire ; corymb small, mostly simple and umbel- late, cone-like in the bud ; peduncles and involucre glandular. — Sandy pine- barrens, Florida, and northward. Sept. — Stem 1° - 2° high. 5. C. trichophylla, Nutt. Biennial ; stem very leafy, mostly branching, villous with loose silky hairs ; leaves oblong or lanceolate, the earliest ones crowded, obtuse and densely villous, the upper mostly acute and often smooth- ish; corymb large, compound; peduncles and involucre smoothish. — Var. HYS- SOPIFOLIA (C. hyssopifolia, Nutt.) has narrow-linear and smooth leaves, except the tuft at the base. —Dry pine barrens, Florida to North Carolina. Sept. — Stem 2° - 3° high, commonly ascending. Leaves 1' - 2' long. 6. C. gOSSypina, Nutt. Biennial, densely villous and hoary throughout ; leaves oblong, obtuse, entire ; the lowest spatulate, the upper sessile ; corymb simple. (C. dentata, Ell., leaves larger, the lowest sinuate-toothed.) — Dry sandy soil, Florida, and northward. Sept. — Stem 1°- 2° high. 7. C. scabrella, Torr. & Gray. Pulverulent-scabrous throughout; stem stout, corymbosely branched above ; leaves oblong-lanceolate, mucronulate, en- tire, equally somewhat glandular-scabrous on both sides, sessile, the lower ones narrowed at the base ; heads numerous, in a compound corymb; peduncles and lanceolate obtuse scales of the involucre puberulent-glandular. — Pine woods, Florida. Sept. and Oct. — Stem 2° high. COMPOSITE. (COMPOSITE FAMILY.) 217 8. C. villosa, Nutt. Rough-hairy and somewhat hoary throughout ; stem rigid, very leafy ; leaves lanceolate, acute, entire or sparingly serrate ; the upper ones sessile, the lowest narrowed into a petiole ; heads large, in a simple corymb. — Dry soil, Alabama, and westward. Sept. — Stem l°-2° high. Leaves 1' long, fringed near the base. 9. C. decumbens, n. sp. Stems decumbent, simple, silky -villous ; leaves villous, lanceolate-oblong, obtuse, entire, sessile, leafy in the axils ; the lowest spatulate-oblong, clustered ; heads large, in a loose corymbose panicle ; the peduncles and involucre glandular-pubescent ; rays about 25, showy ; achenia hairy, furrowed ; exterior pappus bristly. — Sandy shores on St. Vincent's Island, West Florida. Oct. and Nov. © — Stems 2° - 4° long. Upper leaves £' - 1' long, the lowest 3' - 4'. Heads largest of all. 25. INULA, L. ELECAMPANE. Heads many-flowered. Rays pistillate. Scales of the involucre imbricated in several rows. Receptacle flat or convex, naked. Anthers bicaudate at the base. Pappus single, of capillary slightly scabrous bristles. — Perennial herbs. Flow- ers yellow. 1. I. Helenium, L. Stem stout ; leaves large, ovate, denticulate, tomen- tose beneath ; the lowest ones petioled, the upper clasping ; heads very large, somewhat corymbose ; outer scales of the involucre broadly ovate, leafy ; rays numerous, narrow ; achenia 4-sided, smooth. — Mountains of North Carolina. Introduced. 26. CONYZA, L. Heads many-flowered ; the exterior flowers pistillate, fertile, in several rows ; the corolla filiform, 2-3-toothed ; a few of the central flowers staminate, with a tubular, 5-toothed corolla. Scales of the involucre in several rows. Receptacle punctate. Pappus a single row of capillary bristles. — Branching herbs, with toothed-lobed leaves, and heads of yellow flowers in corymbs or panicles. 1. C. ambigua, DC. Rough-hairy; lower leaves oblong-lanceolate, lobed, the upper entire, linear; heads panicled. (C. sinuata, Ell.) — Around Charles- ton. Introduced. April -July. — Stem 2° high. 27. BACCHARIS, L. Heads dioecious, many-flowered ; the flowers all tubular. Corolla of the sterile flowers 5-cleft ; of the fertile ones filiform, nearly entire, without anthers ; style exserted. Scales of the oblong or hemispherical involucre imbricated in sev- eral rows. Receptacle naked or somewhat chaffy. Achenia ribbed. Pappus of the sterile flowers capillary, in a single row, as long as the involucre ; of the fertile flowers in 1 - several rows, commonly much longer than the involucre. — Smooth and resinous shrubs. Leaves alternate. Flowers white. 1. B. halimifolia, L. Branches angled; leaves obovate, or oblong-ob- ovate, toothed above the middle, the uppermost lanceolate, entire ; heads pedun- 19 218 COMPOSITE. (COMPOSITE FAMILY.) cled, the terminal ones clustered ; pappus of the fertile flowers 3-4 times as long as the involucre. — Low ground, near the coast, Florida and northward. Sept. and Oct. — Shrub 2° - 12° high. 2. B. glomeruliflora, Pers. Branches angled ; leaves wcdgc-obovate, coarsely toothed, rigid ; the uppermost obovate, entire ; heads very numerous, in dense sessile axillary clusters ; pappus of the fertile flowers twice as long as the involucre. (B. sessiliflora, MicJtx.) — Swamps along the coast, Florida to North Carolina. November. — Shrub G°- 12° high. 3. B. angustifolia, Michx. Branches numerous, angled ; leaves linear, entire ; heads single, or 2 - 4 in a terminal cluster ; achenia smooth. — Saline marshes, Florida to North Carolina. Oct. — Shrub 4° - 8° high. Heads smalL 28. PLUCHEA, Cass. Heads many-flowered ; the central flowers mostly perfect, but sterile, with the corolla dilated and 5-cleft ; the others pistillate, slender, slightly toothed. Anthers bicaudate. Scales of the involucre imbricated. Receptacle flat, mostly naked. Achenia grooved or angled. Pappus a single row of capil- lary slightly scabrous bristles. — Odorous mostly pubescent and glandular herbs, with alternate ovate or oblong serrate leaves. Heads of purplish flowers corymbose. 1. P. bifrons, DC. Stem simple, or sparingly branched ; leaves oblong, acute, denticulate, strongly reticulated and rugose, cordate and clasping ; heads clustered ; involucre pubescent and viscid. (Conyza bifrons, Ell.) — Margins of pine-barren ponds, Florida to North Carolina. September. — Stem 1° - 2° high. Flowers pale purple or white. 2. P. fcetida, DC. Minutely pubescent and glandular ; leaves large, membranaceous, ovate-lanceolate, acuminate, serrate, tapering into a petiole ; corymbs axillary and terminal ; heads rather small, numerous, on slender pedi- cels ; involucre smoothish, often purplish. (Conyza Marylandica, Ell.?) — Damp soil, Florida, and northward. September. — Stem 2° - 5° high. Leaves 5' -8' long, resinous-dotted. Flowers purple. 3. P. camphorata, DC. Minutely pubescent and glandular-viscid ; leaves ovate-lanceolate or oblong-ovate, acute, denticulate, nearly sessile ; heads rather large, in a dense corymb, on short and stout pedicels ; scales of the invo- lucre pubescent, the inner ones long-acuminate. — Salt marshes, Florida to North Carolina. September. — Stem l°-2° high ; the branches few and erect. Leaves 2' - 3' long. Flowers light purple. 4. P. purpurascens, DC. Tomentose and glandular ; leaves ovate- lanceolate, acute or acuminate, sharply and somewhat erosely serrate, on slender petioles ; heads rather small, on slender pedicels, loosely corymbose ; scales of the involucre pubescent, the inner ones lanceolate, acute. — Swamps and low ground, Florida. September. — Stem l°-2° high, with numerous spreading branches. Leaves 2' - 4' long. Flowers bluish-purple. COMPOSITE. (COMPOSITE FAMILY.) 219 29. PTEROCAULON, Ell. Heads and flowers chiefly as in Pluchea. Scales of the involucre lanceolate, imbricated in several rows, caducous. Receptacle minutely hairy. Achenia angled, pubescent. Pappus of numerous equal capillary bristles, longer than the involucre. — Perennial herbs. Leaves lanceolate, densely tomcntose and hoary beneath, the margins broadly decurrent on the stem. Heads compactly spiked. 1. P. pycnostachyum, Ell. Stem rarely branched, 1°- 2° high; leaves wavy, smooth above ; spike thick, woolly ; flowers white. — Damp pine barrens, Florida to North Carolina. June and July. TRIBE IV. SENEClONIDEjE. Heads discoid or radiate: branches of the style, in the perfect flowers, linear, convex externally, hairy or brush-shaped at the apex, and truncate, or produced into a conical or hispid appendage / the stigmatic lines terminating at the appendage, not confluent. 30. POLYMNIA, L. Heads many-flowered ; the rays pistillate, in a single row ; those of the disk tubular, 5-toothcd, sterile. Scales of the involucre in two rows ; the outer leafy, spreading ; the inner smaller, membranaceous, clasping the obovoid fertile ache- nia. Receptacle chaffy. Pappus none. — Coarse branching perennial herbs, with angular or lobed leaves, and heads of yellow flowers in corymbose panicles. 1. P. Canadensis, L. Viscid-pubescent; lowest leaves opposite, peti- oled, pinnatifid ; the upper alternate, angled or lobed ; outer scales of the invo- lucre acuminate, hairy and viscid ; rays shorter than the involucre. — Mountains of North Carolina. July and August. — Stem 2° - 5° high. Heads small. Rays pale yellow. 2. P. Uvedalia, L. Stem smooth, or rough-pubescent; leaves broadly ovate, 3 - 5-lobed, coarsely toothed, rough above, pubescent beneath, abruptly contracted into a sinuate-winged petiole ; outer scales of the involucre ciliate, obtuse ; rays much longer than the involucre. — Rich soil, Florida, and north- ward. July and August. — Stem 3° - 6° high. Rays bright yellow. 31. CHRYSOGOTTUM, L. Heads many-flowered ; the rays 5, pistillate. Disk-flowers tubular, 5-toothed, sterile. Scales of the involucre in 2 rows ; the exterior oblong, leafy ; the inte- rior roundish, clasping the oval compressed 4-angled fertile achenia. Receptacle flat, chaffy. Pappus a slightly lobed cup-shaped crown, divided on the inside to the base. — A low hairy stoloniferous perennial herb, with oval or spatulate- oblong opposite crenate leaves, and single heads of yellow flowers borne on a long peduncle. 1. C. Virginianum, L. — Dry open woods, Florida to North Carolina. February- April. — Plant at first simple, producing from a tuft of radical leaves a single peduncled head, afterward stoloniferous and branching. 220 COMPOSITE. (COMPOSITE FAMILY.) 32. SILPHIUM, L. Heads many-flowered ; the rays numerous, pistillate, fertile, in a single row. Disk-flowers cylindrical, sterile ; the style undivided. Scales of the involucre leafy, imbricated in several rows ; the innermost smallest, chaff-like. Keceptacle small, with linear acutish chaff. Fertile achenia in 3 - 4 rows, round or obovate, flat, broadly winged, 2-toothcd or emarginate at the apex ; the sterile ones slen- der. Pappus none, or represented by the two teeth of the achenia. — Tall resinous herbs, with alternate opposite or whorled leaves, and large heads of yellow flow- ers in corymbose panicles. * Stems terete, nearly naked: leaves alternate; the lowest large, serrate or variously lobed, long-petioled ; the others small and scattered. 1. S. laciniatum, L. Stem hispid or smooth ; leaves very rough or his- pid, on clasping petioles, pinnately parted ; the divisions oblong or lanceolate, acute, lobed or toothed ; heads large, spicate or racemose ; scales of the invo- lucre ovate, tapering into a long and spreading point, ciliate ; achenia round- obovate, emarginate. — Varies with the more numerous sessile and clasping leaves less deeply parted. (S. gummifcrum, Ell.) — Prairies of Alabama, and westward. July and August. — Stem 6° - 8° high. Lowest leaves 1° - 2° long. Heads l^'-2' in diameter. 2. S. terebinthinaceum, L. Stem smooth, naked above ; leaves rough- hairy, undivided, cordate-oval or oblong, coarsely serrate, on slender petioles ; heads small, loosely panicled ; scales of the involucre oval or obovate, obtuse, smooth; achenia obovate, emarginate or 2-toothed. (S. pinnatifidum, Ell., leaves pinnatifid.) — Open woods in the western districts of Georgia, and west- ward. July -Sept. — Stem 4° -8° high. Eadical leaves 2° long. Heads 1' wide. 3. S. compositum, Michx. Smooth; leaves cordate-ovate or reniform, angularly toothed or variously lobed, long-petioled ; heads small, corymbosely panicled ; scales of the involucre obovate or oblong, obtuse ; achenia roundish, deeply emarginate; rays 6- 10.^ (S. terebinthinaceum, £//., leaves reniform, an- gularly toothed or lobed.) — Var. MICHAUXII, Ton-. & Gray. Leaves deeply pinnatifid or tern ately divided; the divisions lobed or toothed. — Var. OVATIFO- LIUM, Torr. & Gray. Leaves ovate, angularly toothed. — Sandy open woods, Florida to North Carolina. July - Sept. — Stem 3° - 6° high. Leaves 6' - 12' long. Heads ^' in diameter. * # Stems leafy : leaves undivided, alternate, opposite, or whorled. •»- Stems terete. 4. S. trifoliatum, L. Stem smooth; leaves rough, lanceolate, slightly serrate, on short bristly petioles ; the upper ones alternate or opposite ; the lower 3 -4 in a whorl ; heads small, loosely panicled ; scales of the involucre ovate or oval, fringed on the margins ; achenia oblong-obovate, 2-toothed. (S. ternatum and S. atropurpureum, Willd.) — Open woods along the mountains of Georgia, and northward. July - Sept. — Stem 4° - 6° high. Leaves 4' - 6' long. 5. S. AsteriSGUS, L. Stem smooth or hirsute ; leaves rough, opposite or alternate, or the lower ones sometimes 3 in a whorl, lanceolate or oblong, toothed, COMPOSITE. (COMPOSITE FAMILY.) 221 on short hirsute petioles ; the upper ones sessile and commonly entire ; heads somewhat corymbose, rather large ; exterior scales of the involucre ovate, acute, short-ciliate ; the interior oblong, obtuse ; achenia broadly obovate, 2- toothed. — Var. DENTATUM. Lower leaves on rather long petioles, sometimes incisely toothed; achenia slightly emarginate at the apex. (S. dentatum, Ell.) — Dry open woods, Florida to North Carolina. July - Sept. — Stem 2° - 4° high. Leaves 3' - 5' long. Rays showy. 6. S. laevigatum, Ell. Smooth ; leaves thick, lanceolate-oblong, acute at each end, opposite, coarsely serrate, on short petioles ; the upper nearly sessile ; heads small, loosely corymbose ; scales of the involucre ovate, obtuse, spread- ing ; achenia oval-obovate, narrowly winged, emarginate and slightly 2-toothed at the apex. — Western districts of Georgia and Alabama. July - Sept. — Stem 2° - 3° high. Lowest leaves 6' - 8' long. 7. S. scaberrimum, Ell. Stem rough-hairy; leaves mostly opposite, ovate, acute, serrate, rigid, very rough on both sides, on short petioles ; heads corymbose; scales of the involucre ovate, ciliate; aehenia nearly orbicular, broadly winged, deeply notched at the apex. — Western districts of Georgia and Alabama. August and Sept. — Stem stout, 3° - 4° high, becoming smoothish. Leaves 3' -4' long. Heads larger than in the last. •»- •«- Stems square. 8. S. perfoliatum, L. Stem and branches smooth or hairy ; leaves large, opposite, ovate or ovate-oblong, coarsely toothed, rough on both sides, or pubes- cent or hairy beneath, their bases, or winged petioles, united; the uppermost commonly entire, simply serrate ; corymb trichotomous ; the central heads long- peduncled ; scales of the involucre ovate, obtuse ; achenia broadly obovate, emarginate. (S. connatum, L. S. in tegrifolium, Ell.?) — Banks of streams along the mountains of Georgia, and northward. July - Sept. — Stem 4° - 6° high. Leaves 6' - 12' long. Heads large. 33. BEELANDIEBA, DC. v Heads many-flowered. Ray-flowers few, pistillate ; those of the disk tubular, 5-toothed, sterile. Scales of the involucre in three rows, the innermost largest, membranaccous, adherent ' to the fertile achenia. Receptacle chaffy; the chaff dilated upward, obtuse, hooded, partly embracing the sterile achenia ; the inner ones gradually narrower. Fertile achenia in a single row, obovate, flattened, wingless, pubescent on the inner face, the apex entire. — Perennial downy or hoary herbs, with alternate leaves, solitary or corymbose heads, and yellow rays. 1. B. tomentosa, Torr. & Gray. Stem leafy, hoary-tomentose ; leaves oblong-ovate, crenate, hoary beneath, closely pubescent above ; the lowest taper- ing into a petiole ; the upper cordate, sessile ; heads at length numerous, corym- bose-panicled. (Silphium pumilum, Michx.} — Dry pine barrens, Florida to North Carolina, and westward. June -August. — Stem 1°- 3° high. Leaves 2' - 3' long. 19* 222 COMPOSITE. (COMPOSITE FAMILY.) 2. B. SUbacaulis, Nutt. Rough-pubescent and somewhat hoary ; leaves chiefly radical, clustered, sinuate-pinnatirid ; heads solitary on the peduncle-like stem, or fow on the peduncle-like branches of the short and nearly leafless stem. — East Florida and Georgia. May - August. — Peduncle G' - 8' long. Leaves 3' long. 34. PARTHENIUM, L. Heads many-flowered ; the ray-flowers 5, in a single row, short, obcordate, pistillate; those of the disk tubular, 5-toothed, sterile. Anthers slightly united. Scales of the involucre in two rows, ovate or roundish. Receptacle conical, chaffy ; the chaff dilated upward. Achenia smooth, compressed, thick -mar- gined. Pappus of two awn-like or roundish scales. — Herbs. Leaves alternate. Flowers white. 1. P. integrifolium, L. Perennial; stem erect, simple, rough; leaves undivided, ovate or oblong-ovate, serrate ; the lowest narrowed into a long petiole ; panicle dense, corymbose ; involucre hoary ; pappus minute, awn-like. — Dry soil among the mountains, Alabama, and northward. August. — Stem 1° - 2° high. Lowest leaves 4' - 6' long. Rays conspicuous. 2. P. Hysterophorus, L. Annual, pubescent ; stem diffuse ; lAves pinnatifid, with linear toothed lobes ; heads loosely panicled ; scales of the pap- pus oval. — Waste places, East and South Florida, and westward. 35. IVA, L. Heads few- or many-flowered; the flowers all tubular; the marginal ones (1-5) with a short corolla, pistillate and fertile; the central ones 5-toothed, sterile. Anthers nearly distinct. Scales of the involucre 3 - 5, in a single row, oval or obovate, distinct or partly united, or 6 - 9 and imbricated. Chaff of the small receptacle linear or spatulate. Achenia biconvex, obovate. Pappus none. — Branching herbs or shrubs, with opposite or (the upper) alternate mostly fleshy leaves, and small axillary nodding heads of whitish flowers. * Scales of the involucre 3-5, in a single row. 1. I. frutescens, L. Shrubby; leaves lanceolate or oblong, sharply toothed -serrate, 3-ribbed, smoothish ; scales of the involucre 5, orbicular ; fertile flowers 5. — Saline marshes, Florida, and northward. Aug. and Sept. — Shrub 4° - 8° high. 2. I. microcephala, Nutt. Annual, rough with rigid appressed hairs ; stem slender, much branched ; leaves narrow-linear, entire ; heads minute, 6 - 12-flowered ; scales of the involucre 4 - 5, obovate, ciliate ; fertile flowers 1-3. — Dry barren soil, Florida to South Carolina. Aug. and Sept. — Stem l°-2° high. * * Scales of the inwlucre 6-9, imbricated in 2-4 roics. 3. I. imbricata, Walt. Somewhat shrubby, smooth ; leaves fleshy, lance- olate, the lower ones slightly serrate and 3-ribbed, the upper alternate and entire ; heads many-flowered ; outer scales of the involucre orbicular ; the inner obovate, COMPOSITE. (COMPOSITE FAMILY.) 223 toothed-margined ; fertile flowers 2-4, the short corolla 5-parted. — Varies with smaller and fewer-flowered heads, and the corolla of the fertile flower truncate. — Drifting sands along the coast, Florida to North Carolina. Aug. and Sept. — Stem 1° -2° high. Leaves 1' long. 36. AMBROSIA, Tourn. Heads monoecious, in racemes or spikes ; the upper ones sterile, nodding ; the lower pistillate and fertile. Involucre of the sterile flowers hemispherical, com- posed of 7-12 united scales, 5 -20-flowered. Receptacle naked or with slender chaff. Corolla 5-toothed. Involucre of the fertile flowers 1 -flowered, ovoid or turbinate, entire, closed, pointed, commonly with a row of tubercles or spines near the apex. Corolla and stamens none. Achenia globose or ovoid. Pap- pus none. — Herbs. Leaves mostly pinnately lobed. Fertile flowers single or clustered at the base of the sterile spike, or in the axils of the upper leaves, bracted. Flowers whitish. * Leaves undivided or 3- 5-lobed, opposite : receptacle naked. 1. A. trifida, L. Stem tall (6° -10°), 4-sided, rough-hairy ; leaves rough, palmately 3 - 5-lobed, with the lobes ovate-lanceolate and serrate, or all undi- vided ; fruit obovate, 6-toothed around the base of the conically beaked apex, clustered. (A. integrifolia, Muhl.) — River-banks and rich soil, Florida and northward. Aug. and Sept. * Leaves pinnately lobed ; the vpper <ones mostly alternate : receptacle commonly chaffy. 2. A. crithmifolia, DC. Stem prostrate and shrubby at the base; the branches velvety pubescent ; leaves bipinnatifid, thickish, softly pubescent ; spikes few, the terminal one elongated ; fruit downy, unarmed. — Sandy shores at Key West, forming large clusters. 3. A. artemisiSBfolia, L. Annual, erect, hairy or smoothish ; leaves bi- pinnatifid, with linear lobes ; the upper often entire ; spikes single or panicled ; fertile flowers single, clustered, or sometimes spiked ; fruit nearly globose, armed with six short teeth. (A. ela^ior, L. A. paniculata, Michx., spines of the fruit obsolete.) — Cultivated ground, everywhere. July- Sept. — Stem 1° - 4° high. 4. A. hispida, Pursh. Hispid and hoary throughout ; leaves bipinnatifid, with toothed lobes ; racemes terminal, somewhat panicled. — South Carolina, Catesby. — Stem 1° high. Heads larger than in No. 1. ( *) 37. XANTHIUM, Tourn. COCKLEBUR. Heads monoecious, spiked ; the upper ones many-flowered, sterile, with the scales of the involucre separate, in a single row ; the receptacle oblong, chaflfy, and the short corolla 5-toothed ; the lower ones fertile, consisting of two pistil- late flowers, enclosed in a 2-celled oblong closed involucre, which is armed externally- with numerous hooked spines or bristles, and terminated by one or two stout beaks. Corolla filiform. Acheniura oblong, solitary in each cell. — Coarse annual herbs. Leaves alternate, lobed and petioled. 224 COMPOSITE. (COMPOSITE FAMILY.) 1. X. Strumarium, L. Stem spineless, rough, branched ; leaves large, broadly cordate, 3 - 5-lobed ; the lobes toothed, acute and rough on both sides ; fruit oval, pointed by two straight and smooth beaks. — Var. ECHINATUM. Leaves obtuse, less strongly lobed ; the incurved beaks and spines of the larger (!') fruit bristly. — Cultivated fields and waste places, common. July - Sept. — Stem l°-4° high, often spotted. 2. X. spinosum, L. Stem armed with triple spines, much branched; leaves lanceolate, entire or 3-lobed, hoary-tomentose beneath ; fruit pointed by a single beak. — "Waste places around the larger seaports, and sparingly in the interior. Introduced. Aug. and Sept. — Stem 2° - 3° high. 38. ECLIPTA, L. Heads many-flowered ; the ray-flowers short, pistillate, in a single row ; those of the disk tubular, 4-toothed, perfect. Scales of the involucre 10-12, in 2 rows. Receptacle flat, with bristly chaff. Achenia 3 - 4-angled, hairy at the apex. Pappus none. — Rough branching annuals, with opposite lanceolate leaves. Heads small, axillary, on peduncles of varying length. Flowers white. 1. E. erecta, L. Stem erect or diffuse, terete, tumid below the joints, sprinkled, like the leaves, with appressed rigid hairs ; leaves oblong-lanceolate, acute, serrate, narrowed into a petiole ; peduncles single or 2 - 3 together. (E. procumbens, and E. brachypoda, Michx.) — Wet places, Florida, and north- ward. Sept. and Oct. — Stem 6' - 3° long. 2. E. longifolia, Schrad. Stem erect, rough-hairy ; leaves lanceolate or oblong-lanceolate, acuminate, serrate, sessile and clasping; peduncles longer than the heads. — "Wet places, Apalachicola, Florida. Sept. — Stem 1° - 2° high. Leaves 4' - 6' long. 39. BOEBICHIA, Adans. Heads many-flowered ; ray-flowers pistillate, in a single row ; those of the disk tubular, 5-toothed, perfect. Scales of the hemispherical involucre imbri- cated ; the exterior ones leafy. Receptacle flat, with rigid persistent chaff. Achenia somewhat wedge-shaped, 3 - 4-angled. Pappus a 3 - 4-toothed border. — Fleshy maritime shrubs. Leaves opposite and slightly connate. Heads soli- tary, peduncled. Flowers yellow. 1. B. arborescens, DC. Smooth, or the young branches pubescent; leaves spatulate-lanceolate, abruptly pointed, entire ; scales of the involucre as long as the disk ; the inner ones and chaff of the receptacle obtuse. — Key West. Dec. — Shrub 5°- 10° high. 2. B. frutescens, DC. Branches and leaves hoary-tomentose; leaves varying from spatulate-linear to obovate-oblong, entire or toothed near the base ; scales of the involucre shorter than the disk, the inner ones and chaff of the re- ceptacle spine-pointed. (Buphthalmum frutescens, L ) — Saline marshes, Flor- ida to North Carolina. June - Oct. — Stem 1° - 2° high, COMPOSITE. (COMPOSITE FAMILY.) 225 40. MELANTHERA, Rohr. Heads many-flowered ; the flowers all tubular and perfect, 5-cleft. Scales of the involucre imbricated in 2 rows. Chaff of the convex receptacle rigid, per- sistent, partly sheathing the flowers. Achenia 4-angled, short, truncate at the apex. Pappus of 2 -several rough rigid deciduous awns or bristles. — Rough perennial herbs, with branching 3 - 4-angled stems, opposite undivided or 3- lobed serrate petioled leaves, and scattered heads of white flowers, on long peduncles. Anthers black. 1. M. hastata, Michx. Stem commonly spotted; leaves varying from lanceolate to ovate, entire, or more or less hastate-3-lobed, serrate ; scales of the involucre lanceolate, acute ; chaff of the receptacle spine-pointed. — Light rich soil, Florida to South Carolina. Aug. and Sept. — Stem 3° - 6° high. 2. M. deltoidea, Michx. Leaves deltoid-ovate, undivided ; scales of the involucre ovate ; chaff of the receptacle obtuse, mucronate. — South Florida. 41. ZINNIA, L. Heads many-flowered ; the ray-flowers pistillate ; those of the disk perfect, tubular, with 5 velvety lobes. Scales of the involucre imbricated, oval or round- ish, margined. Chaff of the conical receptacle clasping the disk-flowers. Ray- flowers oblong, rigid persistent. Achenia of the disk compressed, with a 1 -2- awned pappus; those of the rays 3-angled, destitute of a pappus. — Annual herbs, with sessile entire 3-ribbed leaves, and solitary heads, on long inflated peduncles. 1. Z. multiflora, L. Stem erect, hairy, branching; leaves oblong-lanceo- late ; chaff of the receptacle obtuse ; pappus of the disk-flowers 1-awned ; rays red or purple. — Waste places, Florida to North Carolina. Introduced. July- Sept. — Stem 1° - 2° high. Rays sometimes fading into yellow. 42. HELIOPSIS, Pers. Heads many-flowered ; the ray-flowers pistillate ; those of the disk tubular, perfect, 5-toothed. Scales of the involucre in 2 - 3 rows ; the exterior longer, leafy. Chaff of the conical receptacle lanceolate, partly clasping the smooth 4- angled truncated achenia. Pappus none. — Perennial herbs with the habit of Helianthus. Rays yellow. 1. H. laevis, Pers. Smooth; stem slender, branching; leaves ovate or ovate-lanceolate, acute or acuminate, sharply serrate, 3-ribbed at the base, on slender petioles ; peduncles elongated ; scales of the involucre obtuse ; rays deciduous. — Dry open woods, Florida, and northward. Aug. and Sept. — Stem 2° - 3° high. Leaves 2' - 3' long, sometimes scabrous. 43. TETRAGONOTHECA, Dill. Heads many-flowered ; the ray-flowers (6-9) pistillate ; those of the disk tu- bular, 5-toothed, perfect. Involucre double, 4-sided ; the exterior of 4 ovate 226 COMPOSITE. (COMPOSITE FAMILY.) leaves partly united below ; the interior of about 8 small chaffy scales. Chaff of the conical receptacle lanceolate, acute. Achenia obovoid, nearly terete, truncated. Pappus none. — A low hairy and clammy perennial herb, with large sessile or connate, oval or oblong, coarsely toothed leaves, and large solitary heads of yellow flowers, on long peduncles. 1. T. helianthoides, L. — Dry sandy soil, Florida to North Carolina. July. — Stems several, stout, l°-l£° high. Leaves 4' -6' long. Head 2' in diameter. 44. ECHINACEA, Mocnch. Heads many-flowered ; the ray-flowers pistillate, but sterile, drooping ; those of the disk tubular and perfect. Scales of the involucre lanceolate, imbricated in three or more rows, spreading. Receptacle at length conical. Chaff of the receptacle rigid, spine-pointed, longer than the disk-flowers. Achenia short, 4-sided, crowned with a cup-shaped toothed pappus. — Perennial sparingly branched herbs, with alternate undivided 3 - 5-ribbed leaves, and large heads ter- minating the peduncle-like summit of the stem or branches. Rays red, purple, or white. * Rays elongated, purple or white. 1. E. purpurea, Mrench. Stem simple, or with peduncle-like branches, smooth or hairy ; leaves ovate-lanceolate, serrate, rough ; the lowest ones ovate, on long petioles ; scales of the involucre imbricated in 3 - 5 rows, ciliate ; rays about 12, lanceolate, purple. — Varies with the stem and leaves smooth; rays strap-shaped, white. — Rich woods in the upper districts. June - August. — Stem 2° - 5° high. Rays 2' - 3' long. 2. E. angustifolia, DC. Hirsute ; stem simple ; leaves lanceolate, en- tire, 3-ribbed ; the lowest tapering into a long petiole ; scales of the involucre imbricated in 2-3 rows; rays 12-15, narrow, pale purple. — Prairies and low barrens, Alabama, and westward. May -July. — Stem l°-3° high. Lowest leaves £° long. * * Rays short, dark red. 3. E. atrorubens, Nutt. Smooth, or rough throughout with white ap- pressed hairs ; stem simple, furrowed ; leaves rigid, entire, shining ; the lowest linear-lanceolate, narrowed into a petiole, 3-ribbed ; the upper few and remote, linear, sessile ; scales of the involucre in three rows ; rays about 9, wedge-shaped, shorter than the ovate dark purple disk ; chaff of the receptacle short-cuspidate, about as long as the disk-flowers ; pappus 4-toothed. — Low pine barrens, Geor- gia and Florida. June -August. — Stem 2° high. Lowest leaves £° long. Heads %' in diameter. Plant turns black in drying. 45. RTJDBECKIA, L. Heads many-flowered ; the ray-flowers neutral ; those of the disk tubular, per- fect. Scales of the involucre in about two rows, leafy, spreading. Receptacle conical or cylindrical ; the chaff not rigid, and mostly shorter than the disk- flowers. Achenia smooth, angled, truncated. Pappus a narrow border, or none. COMPOSITE. (COMPOSITE FAMILY.) 227 — Perennial or biennial herbs, with alternate simple or lobed leaves, and showy heads terminating the stem or branches. Rays yellow or party-colored. Disk dark purple or yellowish. * Disk ovate or globose. -»- Leaves undivided : stem simple or sparingly branched. 1. R. hirta, L. Hirsute; stem and branches naked at the summit ; leaves 3-ribbed, lanceolate or oblong, serrate, the upper ones sessile, the lowest nar- rowed into a petiole ; disk roundish, purplish brown ; chaff of the receptacle acute, hairy at the apex ; appendages of the style subulate. — Dry soil, Florida to Mississippi, and northward. July and August. — Stem rigid, l°-2°high. Rays longer or shorter than the involucre. 2. R. fulgida, Ait. Hairy ; stem simple or sparingly branched, naked at the summit; leaves 3-ribbed, mostly serrate ; the lowest oval or oblong, on slen- der petioles ; the upper ones spatulate-oblong or lanceolate, slightly clasping ; rays commonly longer than the involucre ; disk roundish, dark purple ; chaff of the receptacle smooth^h, rather obtuse ; appendages of the style short-conical. (R. discolor, Ell. R. spathulata, Michx., a smoothish mountain form, with spat- ulatc mostly entire leaves, and smaller heads.) — Dry soil, Florida, and northward. August and September. — Stem 1° - 3° high. Rays often turning reddish at the base in withering. 3. R. mollis, Ell. Stem hirsute-villous, branching ; leaves oblong, ob- scurely serrate, sessile and partly clasping, soft-tomentose on both sides ; the lowest somewhat spatulatc ; scales of the involucre numerous, linear-lanceolate, villous, rcflexed, half as long as the (12-20) rays; disk brownish; chaff of the receptacle rather obtuse, tomentosc at the apex. — "Western districts of Georgia. August - October. — Stem 2° -3° high. 4. R. Heliopsidis, Torr. £ Gray. Rhizoma prostrate ; stem pubescent, with few peduncle-like branches at the summit ; leaves ovate or oval, slightly Berrate, obtuse, smoothish, 5-ribbed, petioled ; scales of the involucre oblong, shorter than the brownish-purple subglobose disk, and (10-12) oblong-linear rays ; chaff of the receptacle obtuse, pubescent at the apex ; achenia of the rays 3-angled, as large as those of the disk. — Pine barrens near Columbus, Georgia, and Alabama. August and September. — Stem 2° high. -»- -»- Leaves divided : stem paniculately or corymbosely branched. 5. R. triloba, L. Biennial, rough-hairy; stem much branched; lowest leaves long-petioled, ovate or oval, simple, or with two small lateral lobes, serrate ; lower stem-leaves 3-lobed ; the upper simple, sessile, often entire ; heads small, numerous ; scales of the involucre narrow-lanceolate, shorter than the rays ; disk almost black ; chaff of the receptacle awl-pointed, smooth, as long as the flowers. — Var. PINNATILOBA, Torr. & Gray, is smaller and more slender, and the lower stem leaves pinnately lobed. — Dry soil, West Florida and northward. August and September. — Stem 2° - 5° high. Leaves sometimes all undivided. Rays about 8. G. R. laciniata, I/. Stem smooth, tall (4° - 63), branching ; leaves rough ; the lowest pinnately divided, the divisions lanceolate or oblong, lobed or 228 . COMPOSITE. (COMPOSITE FAMILY.) pinnatifid ; the middle ones 3 - 5-parted ; the uppermost often undivided, toothed ; disk yellowish, ovate or conical ; rays large, drooping ; chaff of the receptacle truncate, pubescent at the apex, about as long as the 3-angled achenia. (R. digi- tata, Mill. R. laevigata, Pursh.) — Swamps, Florida, and northward. July and August. — Leaves large. Rays 1'- 2' long. 7. R. heterophylla, Torr. & Gray. Pubescent ; stem corymbose above ; leaves coarsely serrate, rough above, tomcntose beneath ; the lowest orbicular- cordate or 3 - 5-parted, on long petioles ; the middle ones 3-lobed ; the upper- most ovate, sessile and entire ; disk globose, yellowish ; rays drooping ; chaff of the receptacle acute ; achenia 3-sided. — Swamps, Middle Florida. August. — Stem 3° - 4° high. Leaves and heads much smaller than in the preceding. * * Disk columnar, elongated : stems tall, simple. 8. R. maxima, Nutt. Smooth ; leaves large, membranaceous, oval or oblong, slightly toothed or entire, feather- veined, the lower ones pctioled, the upper clasping ; head solitary, long-peduncled ; rays large, drooping. — Wet pine barrens, West Florida and westward. August. — Stem 4° - 9° high. Low- est leaves 8'- 12' long. Rays 2' long. 9. R. nitida, Nutt. Smooth and shining ; stem tall, naked above ; leaves rigid, oblong-lanceolate, slightly toothed or entire, 3 - 5-ribbed ; the lowest long- petioled ; the upper partly clasping, small ; rays large, drooping ; disk brown. — Borders of swampy thickets, Georgia, Florida, and westward. July. — Stem 3° - 5° high. Lowest leaves 4' - 6' long. # * * Lower leaves opposite : disk ovate, yellow : chaff of the receptacle cuspidate, ribbed: achenia biconvex, striate, hairy, rounded at the apex: pappus none. 10. R. ? Porteri, Gray. Rough with short scattered hairs ; stem panicu- lately branched ; leaves lanceolate, entire, narrowed at each end, fringed at the base ; exterior scales of the involucre linear, as long as the disk ; the interior shorter, resembling the chaff of the receptacle ; rays 7-9, longer than the disk. — Stone Mountain, Georgia. — Stem 2° - 3° high. 46. LEPACHYS, Raf. Scales of the involucre few and small. Chaff of the oblong or columnar receptacle truncate and thickened at the apex. Achenia flattened and margined. Pappus 2-toothed or none. Otherwise like Rudbeckia. — Perennials. Leaves pinnately divided. Rays large, drooping, yellow. 1 . L. pinnata, Torr. & Gray. Rough with short appressed hairs ; stem sparingly branched ; divisions of the leaves 3-7, lanceolate, acute, serrate or entire ; disk yellowish, oval or oblong, shorter than the rays ; pappus obscurely 2-toothed. (Rudbeckia tomentosa, Ett.) — Dry soil, West Florida, Georgia, and westward. July- Sept. — Stem 3° - 4° high. Rays 2' long. 47. HELIANTHUS, L. SUNFLOWER. Heads many-flowered ; the ray-flowers neutral ; those of the disk tubular and perfect. Scales of the involucre imbricated in 3 or more rows, with or without COMPOSITE. (COMPOSITE FAMILY.) 229 leafy spreading tips. Receptacle flat or convex, chaffy. Achenia 4-angled, usu- ally compressed. Pappus of 2 (rarely 3-4) caducous chaffy scales or awns. — Annual or perennial herbs, with opposite or alternate, commonly 3-ribbed, undi- vided leaves. Heads solitary, terminating the stem or branches. Disk yellow •or dark purple. Rays yellow. * Annual: disk dark purple: chaff of the receptacles-toothed: leaves on long and slender petioles: achenia pubescent. 1. H. debilis, Nutt. Roughish; stem slender, decumbent, branching; leaves rarely opposite, deltoid-ovate, acuminate, wavy-serrulate ; heads small ; scales of the involucre narrowly lanceolate, slender-pointed ; pappus 2-awned. — Shores of East Florida. — Stem 1° - 2° long. Rays 10-14. 2. H. prSBCOX, Gray £ Engelm. Rough with scattered rigid hairs, villous when young ; stem erect, paniculately branched, somewhat spotted ; leaves thin, coarsely serrate, acuminate, undulate, the lowest deltoid-ovate, cordate, opposite, the upper ones ovate-lanceolate ; scales of the involucre lanceolate-subulate ; rays 1 5 - 20. — Sandy shores, West Florida, and westward. July - Sept. — Stem 2° - 3° high. * * Perennial : disk dark purple. H- Rays minute or wanting. 3. H. Radula, Torr. £ Gray. Stem simple, ascending, leafy and hirsute towards the base, naked and smoothish above ; leaves thick, entire, rugose, hir- sute, the 4 radical ones large, roundish or rhombic ; spreading ; the lower ones obovate, opposite ; the uppermost small, linear ; scales of the involucre oblong- ovate ; rays mostly wanting ; chaff of the receptacle acuminate. — Low sandy pine barrens, Georgia, Florida, and Alabama. Oct. — Stem 2° high. Heads rather large. •*- •*— Rays conspicuous. 4. H. angUStifolius, L. Stem rough-Jiairy or smoothish, paniculately branched ; leaves linear, elongated, entire, with the margins revolute ; the lowest ones opposite ; scales of the involucre lanceolate, acuminate ; chaff of the recep- tacle 3-toothed ; rays 12 - 18, showy. — Varies, with broader leaves, and the disk at first yellow. — Low ground, Florida to Mississippi, and northward, common. Oct. — Stem 2° - 6° high. Leaves 3' - 6' long. 5. H. heterophyllus, Nutt. Hirsute or hispid ; stem slender, mostly simple, naked above ; leaves opposite, thick, entire ; the lower ones lanceolate or oblong, tapering into a petiole ; the others linear, remote ; scales of the invo- lucre lanceolate, acuminate, ciliate ; chaff of the receptacle 3-toothed, the middle tooth cuspidate; rays 15-20, elongated. — Pine-barren swamps, Florida to North Carolina, and westward. Sept. and Oct. — Stem 2° - 4° high. Lowest leaves 2' -6' long. Rays 1^' long. 6. H. atrorubens, L. Hirsute or hispid ; stem sparingly branched and somewhat naked above ; leaves opposite, oval, serrate, the lowest large and long- petioled ; the upper small, sessile, distant ; scales of the involucre oval or oblong, obtuse ; chaff of the receptacle acute; rays about 12; achenia pubescent at the apex. (H. sparsifolius, Ell.) — Dry soil, Florida to North Carolina. Sept. and Oct. — Stem 2° - 5° high. Lowest leaves 4' - 6' long. Heads rather small. 20 230 COMPOSITE. (COMPOSITE FAMILY.) 7. H. rigidus, Desf. Stem leafy, stout, mostly simple, rough ; leaves oblong-lanceolate, slightly serrate or entire, thick and rigid, very rough on both sides, narrowed into short connate petioles ; scales of the involucre ovate, acute, appressed; chaff of the receptacle obtuse ; rays 20-25. (H. scaberrimus, Ell.) — Western districts of Georgia, Elliott, and westward. Sept. — Stem l°-3° high. Heads showy. * * * Perennial: disk yellow; heads large or middle-sized. 8. H. Isetiflorus, Pers. Stem stout, rough, branching ; leaves oval-lance- olate, acuminate, serrate, rigid, very rough on both sidgs, on short petioles ; the uppermost often alternate ; heads solitary or corymbose, on naked peduncles ; scales of the involucre ovate-lanceolate, acute, ciliate, appressed ; chaff of the receptacle somewhat 3-toothed or entire ; rays 12-16, elongated. (H. tricuspis, EIL, with the leaves all nearly entire ; chaff of the receptacle 3-toothcd.) — Dry soil, in the Western districts of Georgia, and westward. Sept. — Stem 3° - 4° high. Leaves 5' - 8' long. Rays 1 £' long. 9. H. OCCidentalis, Riddell, var. Dowellianus, Torr. & Gray. Nearly smooth ; stem branched above ; leaves triple-nerved, rather thick, slightly den- tate, on margined petioles, and with a short scattered pubescence ; the lowest ones opposite, large, broadly ovate, subcordate, obtuse ; the upper alternate, ob- long-ovate ; peduncles long and slender ; scales of the involucre lanceolate, acu- minate, slightly ciliate, shorter than the disk, appressed ; rays 12 -15. — Macon County, North Carolina, Curtis. Aug. and Sept. — Stem 4° - 5° high. Lower leaves 7' - 8' long, 5' - 6' wide. Rays 1 ' long. 10. H. mollis, Lam. Villous or tomentose and somewhat hoary ; stem mostly simple ; leaves ovate or oblong-ovate, acute, slightly serrate, cordate and clasping ; the upper ones often alternate ; heads few, on short peduncles ; scales of the involucre lanceolate, acutp; chaff of the receptacle entire; rays 15-25. (H. pubescens, EH.) — Dry open woods in the upper districts of Georgia, and westward. Sept. — Stem 2° - 3° high. Leaves 2' - 3' long. Heads thick. 11. H. giganteus, L. Stem hirsute, rough, branching above ; leaves lanceolate, acuminate, serrate, nearly sessile, rough above, paler and rough-hairy beneath, slightly 3-nerved at the base, all but the lowest ones alternate ; scales of the involucre linear-lanceolate, spreading, hirsute j rays 15-20. — Low ground in the upper districts, and northward. Sept. — Stem 3° - 10° high. Leaves 2' - 5' long. Rays 1' long. 12. H. tomentOSUS, Michx. Stem stout, hirsute, branching ; leaves all alternate, or the lowest ones opposite, very rough above, tomentose beneath, slightly serrate ; the lowest large (6' -12'), ovate, on short winged petioles; the upper ones oblong ; heads large ; scales of the involucre numerous, lanceolate, acuminate, villous, spreading; rays 15-20. (H. spathulatus, EIL, with the leaves all opposite, scales of the involucre shorter.) — Open woods, and mar- gins of fields, Florida to North Carolina. Sept. — Stem 4° - 8° high. Rays !'-!£' long. 13. H. doronicoides, Lam. Stem tall, branched, smooth below, hirsute above ; leaves opposite, ovate or ovate-lanceolate, acuminate, serrate, rough COMPOSITE. (COMPOSITE FAMILY.) 231 above, pubescent beneath ; the lower ones often slightly cordate, on short winged petioles ; scales of the involucre linear-lanceolate, hirsute, about as long as the disk; rays 12-15. — Southern States, Torr.Sf Gray, and westward. Sept. — Stem 5° - 8° high. Lowest leaves 6' - 12' long. Heads large. Rays \\' long. 14. H. strumoSUS, L. Stem simple or branched, rough above, smooth below ; leaves varying from lanceolate to ovate-lanceolate, acuminate, slightly serrate, short-petioled, very rough above, paler and smooth, or roughish, or sometimes softly pubescent beneath ; scales of the involucre lanceolate, acumi- nate, as long as the disk, spreading; rays 8- 10. (H. mollis, Ell) — Dry soil, common. Sept. — Stem 2° - 4° high, sometimes glaucous. Leaves 3' - 4' long. 15. H. decapetalus, L. Stem branched, smooth below, rough above ; leaves thin, opposite, ovate, acuminate, coarsely serrate, rough on the upper sur- face, smooth or roughish beneath, abruptly short-petioled ; scales of the involucre lanceolate-linear, spreading ; the exterior ones longer than the disk ; rays 8 - 10. (H. strumosus and H. tenuifolius, Ell) — Mountains of Georgia, and northward. Sept. — Stem 2° - 5° high. Leaves 3' - 6' long, obtuse at the base. 16. H. hirsutus, Raf. Stem hirsute, simple or forking at the summit ; leaves opposite, short-petioled, tapering from the broad and rounded, sometimes slightly cordate base, acuminate, sen-ate, very rough above, paler and rough- hairy beneath ; scales of the involucre ovate-lanceolate, acuminate, appressed, as long as the disk; rays about 12. (H. diversifolius, Ell, with the leaves broader; the upper oval, and nearly entire.) — Dry soil in the upper districts. Sept. — Stem 2° - 5* high. Leaves 3' - 5' long. 17. H. divaricatus, L. Stem smooth, simple, or corymbosely branched at the summit ; leaves opposite, sessile, ovate-lanceolate, serrate, rounded or truncate at the base, very rough above, smooth or rough-pubescent beneath ; heads few, on short peduncles ; scales of the involucre lanceolate or linear-lance- olate, spreading, as long as the disk; rays 8-12. (H. truncatus, Ell.) — Dry- woods, Florida, and northward. Sept. — Stem 2° - 3° high. Leaves 3' - 5' long. * * * * Perennial : disk yellow : heads small : leaves narrow. 18. H. mi.croceph.alus, Torr. & Gray. Stem smooth, much branched ; leaves opposite, or the upper ones alternate, lanceolate or ovate-lanceolate, acute, sparingly serrate, rough above, paler and tomentose beneath, on short petioles ; heads numerous, on pubescent peduncles ; scales of the involucre ovate-lanceo- late, appressed ; rays 5-8. ( H. divaricatus, Ell) — Dry woods, Florida, and northward. Sept. — Stem 3° - 5° high ; the branches forking. Leaves 3' - 10* long. 19. H. Schweinitzii, Torr. & Gray. Stem hispid, branching above ; leaves lanceolate, acuminate, sparingly serrate, nearly sessile, very rough above, hoary-tomentose beneath ; the lower ones opposite, the upper alternate and en- tire ; scales of the involucre lanceolate, acute, with spreading tips ; rays about 8. — Upper districts of North Carolina, Curtis. — Stem 3° - 5° high. Leaves 3'- 5' long. 20. H. Isevigatus, Torr. & Gray. Stem smooth and glaucous, the branches forking ; leaves smooth on both sides, opposite, or the uppermost alternate, ob- 232 COMPOSITE. (COMPOSITE FAMILY.) long-lanceolate, acute, entire or serrulate, obscurely 3-ribbed, nearly sessile ; scales of the involucre ovate, acute, appressed with spreading tips ; rays 6-8. — North Carolina, Curtis. — Stem 4° - 5° high. Heads twice as large as those of No. 18. 21. H. longifolius, Pursh. Very smooth throughout ; stem slender, branching ; leaves mostly opposite, linear-lanceolate, sessile, entire ; the lowest tapering into slender petioles and sparingly serrate ; heads few ; scales of the involucre ovate-lanceolate, as long as the disk ; rays about 10. — Damp rich soil in the Western districts of Georgia, Elliott. — Stem 3° -4° high. Leaves 6' - 8' long. Rays small. — Resembles an aquatic Coreopsis. H. ANNUUS, the common SUNFLOWER, and H. TUBEROSUS, the JERUSALEM ARTICHOKE, are commonly cultivated species. 48. HELIANTHELLA, Torr. & Gray. Achenia 4-angled, compressed, slightly winged, crowned with a ciliate border, or the angles prolonged into persistent, often lacerated, chaffy scales ; otherwise like Helianthus. — Slender perennial herbs, with narrow leaves, and showy heads of yellow flowers. 1. H. grandiflora, Torr. & Gray. Hirsute; stem simple; leaves alter- nate or opposite, lanceolate-linear, entire ; scales of the involucre lanceolate, appressed ; pappus of two obtuse lacerated scales. — East Florida. — Stem 3° - 4° high. Leaves l'-2' long. Rays nearly 2' long. 2. H. tenuifolia, Torr. & Gray. Hirsute ; stem simple, or corymbose at the summit ; leaves narrow-linear, entire, the lower ones opposite or whorled ; the upper alternate ; scales of the involucre lanceolate-subulate, spreading ; pappus of 2-4 acute awns. — Dry sandy pine barrens. West Florida. June and July. — Stem 1 ° - 2° high. Rays 1 ' - 1 £' long. 49. ACTINOMERIS, Nutt. Heads many-flowered ; the ray-flowers 4 - 14, neutral, or wanting. Scales of the involucre in 1-3 rows, leafy. Receptacle convex or conical, chaffy; the chaff embracing the outer edge of the laterally compressed obovate mostly winged achenia. Pappus of two persistent awns (obsolete in No. 5). — Peren- nial herbs, with ovate or lanceolate serrate often decurrent leaves. Flowers yel- low or white. * Stems tall, branching : pappus 2-aumed. 1 . A. squarrosa, Nutt. Stem pubescent, winged above ; leaves alternate or opposite, rough, ovate-lanceolate, acuminate at each end ; heads corymbose ; scales of the involucre in 2 rows, linear-spatulate, spreading ; achenia broadly obovate, winged ; awns of the pappus rigid, spreading ; rays 4-12, yellow. — River-banks, Florida to North Carolina. Sept. — Stem 4° - 8° high. Lowest leaves 1° long. 2. A. alba, Torr. & Gray. Stem smooth, or pubescent and often slightly winged above ; leaves alternate, rough, lanceolate ; heads loosely corymbose ; COMPOSITE. (COMPOSITE FAMILY.) 233 scales of the involucre in a single row, lanceolate-subulate ; achenia mostly broadly winged ; awns of the pappus slender ; flowers white ; rays none. — Rich soil, in the lower districts, Georgia and South Carolina, and westward, rare. Sept. — Stem 4° - 8° high. Leaves 5' - 8' long. 3. A. helianthoid.es, Nutt. Stem hirsute, strongly winged ; leaves alter- nate, ovate-lanceolate, sessile, rough-hairy above, downy and hoary beneath ; heads few, corymbose; scales of the involucre in 2-3 rows, broadly lanceolate, appressed ; rays 8-14, yellow ; achenia slightly winged ; awns bristle-like. — Near Louisville, Georgia, and westward. July. — Stem 2° - 3° high. Leaves 3' long. Rays l£' long. 4. A. nudicaulis, Nutt. Hirsute; stem wingless, somewhat naked and corymbose above ; leaves opposite, oblong, sessile, barely acute, the uppermost small and mostly alternate ; heads corymbose ; scales of the involucre short, in 2-3 rows ; rays 7-12, yellow ; achenia obovate-oblong, mostly wingless ; awns short. (Helianthus ? aristatus, Ell.) — Dry sandy woods, Georgia, Alabama, and Florida. Aug. and Sept. — Stem 2° high. Leaves 2' -3' long. * # Stems low, simple : pappus obsolete : rays none. 5. A. pauciflora, Nutt. Stem wingless, simple, smooth below, naked and rough above ; leaves opposite or alternate, lanceolate or elliptical, sessile, rigid, obtuse, strongly reticulate, rough with short rigid hairs ; heads solitary or 2 - 3 together, terminal ; scales of the involucre in 2 rows, lanceolate, appressed ; flowers orange-yellow ; the marginal ones abortive ; achenia oblong-obovate, narrowly winged, with a cup-shaped disk ; pappus wanting. — Low pine barrens near the coast, West Florida. June and July. — Stem 1° -2° high. Leaves 2' long. Involucre, chaff, and achenia dark brown. 50. COREOPSIS, L. TICKSEED. Heads many-flowered ; the ray-flowers commonly 8, neutral, rarely wanting. Involucre double ; each row of about 8 scales ; the outer ones narrow and spreading ; the inner membranaceous and appressed. Receptacle flat, chaffy. Chaff membranaceous, mostly deciduous with the achenia. Achenia compressed, often winged, not narrowed nor beaked at the apex, awnless, or with a pappus of two upwardly hispid or serrulate awns or scales. — Herbs. Leaves entire or pinnately divided. Heads solitary or corymbose. Disk dark purple or yellow. Rays yellow, rarely rose-color. * Pays none. 1. C. discoidea, Torr. & Gray. Smooth ; stem diffusely branched ; leaves long-petioled, 3-parted, with ovate-lanceolate coarsely serrate divisions ; the up- permost often simple ; heads small, on short peduncles; exterior involucre folia- ceous, longer than the heads ; achenia narrowly wedge-shaped, hairy. — Swamps, North Carolina, and northward. July - Sept. — Stem 1° - 2° high. * * Rays entire, or emarginate at the apex, yelloiv. •»- Leaves petioled: achenia narrowly wedge-shaped, 2-toothed or awned: scales of the involucre equal, the outer ones separate. 2. C. aurea, Ait. Stem smooth, much branched; leaves smooth or slight- ly pubescent, 5 - 7-parted ; the divisions oblong or lanceolate, serrate, toothed or 20* 234: COMPOSITE. (COMPOSITE FAMILY.) lobed, or all linear and entire ; exterior scales of the involucre linear-spatulate ; achenia smoothish, with two short triangular teeth. (C. mitis, Michx. C. arguta, Pursk.) — Swamps, Florida to North Carolina, and westward. Aug. -Oct. — Stem 2° - 4° high. Leaves polymorphous ; the uppermost commonly undivided. Rays showy. 3. C. trichosperma, Michx. Smooth ; stem somewhat 4-angled, branch- ing; leaves pinnately 5-7-parted; the divisions lanceolate or linear, sharply serrate or toothed; the upper ones 3-5-cleft; exterior scales of the involucre linear, obtuse; achenia hispid above, crowned with two triangular hispid teeth. — Swamps, South Carolina, and northward. Sept. — Stem 1° - 2° high. Ache- nia twice as large as in the preceding. H- +- Leaves petioled: achenia elliptical or obovate, emarginate, awnless: exterior scales of the involucre shorter than the interior. 4. C. tripteris, L. Stem smooth, branching ; leaves smooth, or rough above ; the upper and lower ones entire, the middle ones 3- (rarely 5-) parted, with the divisions lanceolate and entire ; exterior scales of the involucre 5-6, obtuse, united at the base ; achenia elliptical, smooth, incurved, narrowly winged. — Woods and margins of fields, Florida to North Carolina, and westward. Aug. and Sept. — Stem 3° - 6° high. 5. C. latifolia, Michx. Smooth or somewhat pubescent ; stem tall ; leaves undivided, ovate-oblong, acuminate, coarsely serrate, smooth above, paler be- neath ; heads small, corymbose ; scales of the involucre 4 - 5 in each row ; the exterior ones short, not united below ; raysv 4 - 5 ; achenia obovate-oblong, wingless. — High mountains of Georgia and North Carolina. Aug. — Lowest leaves 6' long. •«-•«-•«- Leaves sessile, 3-parted to the base, seemingly 6 in a whorl ; the divisions entire or variously divided: scales of the involucre equal ; the exterior ones linear- oblong, united below : achenia oblong, narrowly winged, naked or minutely 2-toothed at the apex. 6. C. senifolia, Michx. Pubescent; stem 4-angled below, branching ; di- visions of the leaves oval-lanceolate, entire, the uppermost leaves often simple ; disk yellow; achenia minutely 2-toothed. (C. stellata, Nutt., with the stem more slender and leaves narrower.) — Dry sandy woods, Florida to North Carolina, and westward. Aug. — Stem 2° high. Leaves l'-2' long. Rays 6" -9" long. 7. C. delphinifolia, Lam. Smooth or slightly pubescent; divisions of the leaves entire or 2 -3- (the middle one sometimes 5-) parted, linear-lanceolate, rather rigid ; disk brownish ; achenia obovate-oblong, minutely 2-toothed. (C. verticillata, Ehrh., Ell.} — Dry soil in the upper districts. Aug. and Sept. — Stem l°-2°high. 8. C. verticillata, L. Smooth ; stem branching, slender ; divisions of the pinnately or bipinnately divided leaves linear or filiform ; disk yellow; ache- nia minutely 2-toothed at the apex. (C. tenuifolia, Ell) — Low ground, in the upper districts. August. — • Stem 1° - 3° high. COMPOSITE. (COMPOSITE FAMILY.) 235 * * * Rays 3 - S-toothed or lobed. •«- Rays yellow : achenia orbicular, broadly winged, warty, and with a tubercle at each end on the inside, 2-loothed : scales of the involucre nearly equal : heads long-peduncled. 9. C. auriculata, L. Stem erect, pubescent, commonly branched ; upper leaves oblong or ovate-lanceolate, mostly entire, nearly sessile ; the lower peti- oled, oval or roundish, entire, or with 2-4 small lateral lobes ; exterior scales of the involucre lanceolate ; rays 4-toothed. (C. pubescens, Ell.) — Rich shaded soil, "West Florida to the mountains of North Carolina. June - Sept. — Stem l°-4° high. Leaves l'-4' long, variously divided on the same plant. Rays showy. 10. C. grandiflora, Nutt. Stem slender, smooth, ascending ; leaves elon- gated ; the lowest linear-spatulate, on long ciliate petioles ; the upper tcrnately or 1 - 2-pinnately parted, the divisions linear ; exterior scales of the involucre ovate-lanceolate ; rays large, 4 - 5-toothed. — Dry soil, Florida and Georgia, and westward. April - June. — Stem 8' - 12' high. 11. C. lanceolata, L. Smoothish; stem short, ascending; leaves undi- vided, thick ; the lowest spatulate-oblong on long ciliate petioles ; the upper lanceolate sessile ; exterior scales of the involucre ovate-lanceolate ; rays large, strongly 4 - 5-toothed. (C. crassifolia, Ait., stem and leaves hairy or woolly.) — Dry rich soil, Florida to North Carolina. May and June. — Stem 6'- 12' long. +- -i- Rays yellow : achenia nearly straight, oblong, 2-awned, the margins with a serrulate or pectinate wing (except No. 12) : exterior scales of the involucre shorter than the interior : disk dark purple. 12. C. Leavenworthii, TOIT. & Gray. Smooth ; stem dichotomous above ; leaves opposite, linear, entire, or with two lateral lobes ; rays 3-toothed ; achenia with a broad whitish entire wing, conspicuously 2-toothed. — Tampa Bay, East Florida. — Stem slender, l°-2°high. Lower leaves 3' -4' long, 1 " wide. Rays 5'' - 6" long. 13. C. gladiata, Walt. Smooth ; stem terete, naked above, simple, or with few peduncle-like branches ; leaves fleshy, alternate, entire, or rarely 3-lobed ; the lowest ones spatulate-oblong, on long petioles ; the upper small, linear ; heads large ; exterior scales of the involucre small and roundish ; rays showy, 4-toothed ; wings of the achenia pectinately toothed. — Low pine barrens, Flor- ida to North Carolina, and westward. Sept. and Oct. — Stem 2° - 3° high. Lowest leaves 8' - 10' long. Rays wedge-shaped, 1' long. 14. C. angustifolia, Ait. Smooth ; stem slender, 4-angled, dichoto- mously branched above ; leaves opposite or alternate, linear, obtuse, entire ; the lowest ones spatulate-lanceolate ; heads small, corymbose ; rays 3-toothed ; wings of the achenia pectinately toothed. — Pine-barren swamps, Florida to North Carolina, and westward. Sept. and Oct. — Stem 2° -3° high. Leaves some- what fleshy. Rays £' long. 15. C. integrifolia, Poir. Smooth ; stem terete, corymbosely branched above ; leaves opposite, petioled, entire, ovate or oblong, obtuse, the margins scarious and roughish ; heads few, on long peduncles ; exterior scales of the 236 COMPOSITE. (COMPOSITE FAMILY.) involucre oblong-linear ; rays wedge-shaped, palmately 3-lobed ; ovary wingless, with hispid margins. — River-banks, South Carolina and Georgia. September. — Stem 2° -3° high. -«-•»-•»- Rays purple or rose-color. 16. C. nudata, Nutt. Smooth ; stem slender, forking above ; leaves al- ternate, distant, terete, and* rush-like ; rays bright purple, 3-toothed ; achenia with lacerated wings, 2-awned. — Pine-barren ponds, Florida and Georgia, near the coast. April. — Stem 2° high. Lowest leaves 1° long. Rays 1' long. 17. C. rosea, Nutt. Smooth; stem low, branching; leaves opposite, lin- ear ; heads small ; rays slightly 3-toothed ; achenia wingless, unawned. — Swamps, Georgia, Nuttall, and northward. July and August. — Stem 8' -12' high. Rays rose-color. 18. C. CEmleri, Ell. Leaves broad-lanceolate, sessile, acute at each end, entire ; peduncles axillary and terminal, dichotomously corymbose. — Collected near the junction of the Broad and Saluda Rivers by Mr. GEmler. Elliott. — Stem 2° - 3° high, angular, smooth. Leaves connate by a smaH membrane. Heads small. Rays about 8, entire. Achenia wedge-shaped, slightly 2-toothed and margined. ( * ) 61. COSMOS, Cav. Scales of the involucre more or less united. Achenia terete or 4-angled, nar- rowed or beaked at the apex, and crowned with 2-4 downwardly barbed or hispid deciduous awns. Otherwise like Coreopsis. — Leaves opposite, pinnately divided. Disk yellow. Rays purplish. 1. C. caudatus, Kunth. Smooth ; leaves bipinnately divided, with the divisions lanceolate and entire; achenia (!' long) tapering into a very long rough beak, 2-awned ; rays short, 3-cleft, rose-color. — Key West, Florida. 52. BIDENS, L. BEGGAR-TICKS. Chiefly like Coreopsis ; but the exterior involucre often long and leaf-like ; the achenia compressed, or 3 - 4-angled, (not narrowed at the apex,) and crowned with 2 -4 persistent downwardly barbed or hispid awns. — Leaves serrate, or pinnately divided, opposite. Rays yellow or white, often wanting. Disk yellow. * Achenia flattened, narrowly wedge-shaped. 1. B. frondosa, L. Stem tall, branched ; leaves thin, long-petioled, pin- nately 3 - 5-divided ; the divisions ovate or ovate-lanceolate, acuminate, sharply serrate ; heads discoid ; exterior scales of the involucre large, leafy ; achenia 2-awned. — Low ground, Florida and northward. July -Sept. © — Stem 2° - 5° high. Margins of the achenia upwardly ciliate. 2. B. COnnata, Muhl. Stem low, branched ; leaves oblong-lanceolate, acuminate, coarsely serrate, tapering and connate at the base, the lowest often 3-parted ; heads discoid ; exterior involucre leafy ; achenia 2-4-awned, with downwardly hispid margins. — Western districts of Georgia and westward, in damp soil. July - Sept. ® — Stem 1° - 2° high. COMPOSITE. (COMPOSITE FAMILY.) 237 3. B. chrysanthemoides, Michx. Smooth ; stem erect or ascending ; leaves undivided, oblong-lanceolate, obscurely serrate, connate; heads radiate, showy; achenia 2-4-awned. — Wet places, Florida to Mississippi, and north- ward. Sept. and Oct. (J) — Stem thick, 1° - 2° high. * * Achenia 3 - t-angled, linear : heads radiate : scales of the involucre nearly equal. 4. B. leucantha, Willd. Stem low, 4-angled; leaves pinnatcly 3-5- divided ; the divisions ovate or lanceolate, serrate ; the lowest ones undivided ; outer scales of the involucre obtuse, spreading ; the inner ones acute ; rays 5, white; achenia 2-4-awned. — South Florida. Oct. -Dec. — Stem 10' -15" high. 5. B. bipinnata, L. Stem tall, 4-angled, much branched ; leaves bipin- nate, the divisions small, ovate or lanceolate, acute ; heads small ; rays 2-3, yellow ; achenia 3 - 4-awned. — Cultivated grounds, common. Aug. and Sept. (!) — Stem 2° - 5° high. 53. SPILANTHES, Jacq. Heads many-flowered ; the ray-flowers often wanting. Scales of the involucre in 2 rows, appressed, shorter than the disk. Receptacle convex or elongated ; the membranaceous chaff embracing the flowers. Achenia of the disk pom- pressed, mostly ciliate on the margins, naked at the apex, or with 1-3 bristly awns ; those of the rays 3-angled. — Chiefly annual and acrid herbs, with oppo- site undivided leaves, and solitary heads of yellow flowers on long peduncles. 1. S. repens, Michx. Stem branching, slightly pubescent, decumbent and rooting at the base ; leaves ovate-lanceolate or lanceolate, slightly serrate, nar- rowed into a petiole ; heads small, ovoid, becoming oblong-conical ; achenia awnless, not ciliate ; rays 12. ( Acmella repens, Pers.) — Muddy banks, Florida to South Carolina. Sept. and Oct. 1|? — Stem 6' -12' long. 2. S. Nuttallii, Torr. & Gray. Villous-pubescent or smoothish ; stem diffusely branched, ascending ; leaves ovate or oblong, coarsely serrate, abruptly petioled ; heads ovoid, at length oblong-conical ; achenia awnless or with 1-2 minute awns, ciliate on the margins; rays 10-12. — Inundated places, East Florida. Aug. - Oct. — Stem 1° - 2° long. 54. VERBESINA, L. Heads many-flowered ; the ray-flowers few, sometimes wanting. Scales of the involucre imbricated in 2 or more rows. Receptacle flat, or somewhat convex ; the chaff concave. Achenia laterally compressed, wingless, 2-awned. — Peren- nial herbs. Stems mostly winged by the decurrent serrate or lobed leaves. Heads corymbose. Flowers white or yellow. 1. V. Siegesbeckia, Michx. Stem 4-winged, branching; leaves oppo- site, ovate or ovate-lanceolate, acuminate, sharply serrate, 3-ribbed ; corymbs trichotomous ; rays 1-5, yellow; achenia wingless. — Waste places, road-sides, &c., Mississippi to North Carolina. Sept — Stem 4° - 6° high. 238 COMPOSITE. (COMPOSITE FAMILY.) 2. V. Virginica, L. Stem 3-winged ; the branches mostly wingless, to- mentose ; leaves ovate or ovate-lanceolate, irregularly serrate or sinuate-lobed, tapering into winged petioles, rough above, downy beneath ; corymbs cymose ; rays 3-4, oval, white; achenia winged. (V. sinuata, Ell.) — Dry open woods, Florida and northward. Sept. — Stem 2° - 6° high. 55. FLAVERIA, Juss. Heads few-flowered, discoid, or with a single pistillate ray. Involucre of 3-5 oblong nearly equal scales. Receptacle naked. Achenia oblong- or club-shaped, smooth, striate. Pappus none. — Tropical herbs, with opposite leaves, and densely clustered heads of yellow flowers. 1. F. linear is, Lagasca. Stem somewhat prostrate at the base, branched above, smoothish ; leaves fleshy, linear, connate, entire ; corymb dense ; scales of the involucre mostly 5; ray often wanting. — Key West. — Stem l°-2° high. 56. GAILLARDIA, Foug. Heads many-flowered ; the rays neutral, deciduous. Scales of the involucre in 3 rows, acute, spreading above. Receptacle convex or hemispherical, naked or fimbrillate. Rays wedge-shaped, palmately 3-lobed. Corolla of the disk witn subulate lobes. Achenia top-shaped, hairy. Pappus of 6-10 membrana- ceous 1 -nerved awned scales. — Pubescent branching herbs, with alternate leaves, and solitary heads of yellow or purple flowers terminating the branches. 1. G. lanceolata, Michx. Stem (l°-2°) with long and slender branch- es ; leaves narrow-lanceolate, mostly entire, sessile, the lowest narrowed at the base ; rays yellow, sometimes wanting ; disk-flowers purple ; receptacle naked ; scales of the pappus 7-9. — Dry pine barrens, Florida to South Carolina. July - Sept. 57. PALAFOXIA, Lagasca. Heads many-flowered ; the ray-flowers pistillate, or none. Scales of the ob- conical involucre in 2 rows, membranaceous at the summit. Receptacle flat, naked. Achenia slender, 4-angled, tapering at the base. Pappus of 6-12 membranaceous denticulate scales, pointed by the prolonged rigid midrib. — Herbs or shrubs, with narrow entire leaves, and heads of white or purple flow- el's in a terminal corymb. 1. P. integrifolia, Torr. & Gray. Stem (2° high) branched above, smoothish ; leaves lanceolate, rough ; the lower ones often opposite ; rays none ; flowers purplish; scales of the pappus 8 - 9, linear-subulate. ( Poly pteris inte- grifolia, Nutt.) — Dry pine barrens, Georgia and Florida. July - Sept. 58. HYMENOPAPPUS, L'Herit. Heads many-flowered ; the flowers all tubular and perfect. Scales of the in- volucre 6-12, oval or obovate, membranaceous, white. Receptacle naked. Corolla slender. Achenia top-shaped, 4-angled. Pappus of 12- 20 short obtuse COMPOSITE. (COMPOSITE FAMILY.) 239 thin scales. — Hoary or woolly herbs, with alternate pinnately lobed or divided leaves. Heads corymbed. Flowers commonly white. 1. H. seabiosseus, L'Herit. Hoary-tomentose ; stem corymbosely branched ; leaves pinnatifid or the lowest bipinnatifid, with lanceolate or oblong divisions ; scales of the involucre broadly obovate, longer than the disk ; pappus minute. — Light dry soil, Florida to South Carolina, and westward. April and May. — Stem 2° high. Leaves at length smoothish above. 59. HELENIUM, L. Heads many-flowered, radiate ; the rays pistillate, wedge-shaped, 3 - 5-cleft. Scales of the involucre in 2 rows ; the outer ones linear or subulate, spreading, the inner fewer and chaffy. Receptacle naked, convex, globose, or oblong. Co- rolla of the disk 4 - 5-toothed. Achenia top-shaped, furrowed, hairy. Pappus of 5-8 membrana<;eous pointed or awned I -nerved scales. — Erect branching herbs, with the stem winged by the alternate decurrent leaves. Heads terminat- ing the branches. Flowers mostly yellow. * Disk globose : corolla of the disk mostly 5-clcft. 1. H. autumnale, L. Smooth or minutely pubescent ; leaves lanceolate or oblong, serrate, strongly decurrent ; scales of the involucre linear-subulate ; scales of the pappus ovate-lanceolate, denticulate, awn-pointed ; rays 3 - 5-cleft, longer than the disk. — Damp soil, Florida, and northward. Aug. and Sept. — Stem 2° - 4° high. Achenia hairy. 2. H. parviflorum, Nutt. Smooth ; leaves lanceolate or oblong-lanceo- late, sparingly serrulate, scarcely decurrent ; scales of the involucre filiform ; rays 3-cleft, narrow ; achenia smooth ; pappus awned. — Georgia, Nuttall. — Heads smaller than the last. 3. H. temiifolium, Nutt. Smooth ; stem slender, very leafy ; leaves narrow-linear, entire ; heads on long and slender peduncles ; scales of the in- volucre subulate ; scales of the pappus ovate, entire, abruptly awned ; achenia villous. — Road-sides, West Florida, and westward. September. — Stem 1° - 2° high. Branches erect. * * Disk conical or oblong : corolla mostly 4-cleft. 4. H. quadridentatum, Labill. Smoothish ; lowest leaves oblong, pinnatifid ; the upper ones lanceolate, entire ; rays shorter than the oblong disk ; scales of the pappus roundish, obtuse. — River-banks and damp soil, North Car- olina, and westward. ® — Stem much branched, l°-3° high. 60. LEPTOPODA, Nutt Heads many-flowered, radiate; the rays neutral, 3 -4-cleft. Disk-flowers 4 -5-toothed. Scales of the involucre in 1-2 rows, spreading; the exterior leafy, numerous ; the interior short and chaffy. Receptacle conical or hemi- spherical, naked. Achenia short, truncate at each end, striate. Tappus of 6 - 12 scarious toothed or fimbriate scales. — Perennial herbs. Stems mostly simple, naked above. Leaves alternate. Heads solitary. Flowers yellow or purple. 240 COMPOSITE. (COMPOSITE FAMILY.) * Stems commonly simple, dilated under the head : disk-flowers yellow : rays 20 or more. •*- Achenia smooth. 1. L. Helenium, Nutt. Smooth or nearly so ; leaves entire or obscurely serrate, lanceolate or linear, the lower ones decurrent, the lowest tapering into a petiole ; rays 20 -30 in a single row ; scales of the pappus lacerate, and mostly bristle-pointed ; achenia smooth. (L. decurrens, Ell.) — Margins of pine-barren ponds, Florida to South Carolina, and westward. April and May. — Stem l°-2°high. 2. L. incisa, Torr. & Gray. Smooth ; leaves lanceolate, rather obtuse, sessile, not decurrent, sinuate-pinnatifid or incised ; scales of the pappus lacer- ate, or slightly fimbriate at the summit ; rays about 40, in 2 -3 rows. — Low pine barrens, Georgia and westward. — Resembles No. 4. -»— •«— Achenia hairy on the angles. 3. L. fimbriata, Torr. & Gray. Stem smooth, sometimes branching, the peduncle slightly pubescent ; leaves linear-lanceolate, acute', entire or obscurely serrate, decurrent ; scales of the pappus fimbriate. — Low pine barrens, Florida, and westward. April and May. — Stem l°-2° high. 4. L. puberula, Macbride. Closely pubescent ; leaves somewhat fleshy, linear-lanceolate, sessile but not decurrent, denticulate; the lowest spatulate- lanceolate, toothed or pinnatifid ; scales of the pappus obtuse, with slightly lacerated margins. — Wet pine barrens, Florida to North Carolina, and west- ward. April and May. — Stem 2° high. 5. L. brevifolia, Nutt. Stem pubescent above, often sparingly branched ; leaves entire, more or less decurrent, the upper ones lanceolate, the lowest spatu- late-oblong, obtuse ; scales of the pappus obtuse, slightly lacerate at the apex. — "Wet places, Alabama to North Carolina. May and June. — Stem l°-3° high. Heads large. * * Stems branching, leaf y : heads corymbose : rays 8-12 : flowers of the disk purple. 6. L. brachypoda, Torr. £ Gray. Stem pubescent ; leaves lanceolate, entire or nearly so, decurrent ; scales of the pappus ovate, slightly denticulate, abruptly awn-pointed ; achenia hairy on the angles. — River-banks, Florida to North Carolina. May and June. — Stem 1° -2° high. 61. BALDWINIA, Ell. Heads many-flowered, globose in fruit; the ray-flowers 20-30, neutral, 3-toothed at the apex ; tube of the disk-flowers dilated and indurated. Scales of the involucre short, fleshy, imbricated in about 4 rows. Receptacle deeply alve- olate ; the 5 - 6-angled cells with entire margins, enclosing the slender obconical hairy achenia. Pappus of 7 - 9 oblong nerveless chaffy scales, as long as the achenia. — An erect puberulent mostly simple perennial herb, with alternate fleshy entire linear or (the lowest) spatulate leaves, and a solitary head of yellow flowers on a long peduncle. 1. B. uniflbra, Ell. — Low pine barrens, Florida to North Carolina, and westward. September. — Stem 2° -3° high. Heads large. —Dr. Curtis finds a form with the disk-flowers dark-purple. The rays are also sometimes tubular. COMPOSITE. (COMPOSITE FAMILY.) 241 62. ACTINOSPERMITM, Ell. Scales of the involucre in about 2 rows, lanceolate, setaceously acuminate. Margins of the cells of the receptacle cuspidate-toothed. Achenia radiate at the summit. Pappus a row of 12 short roundish entire scales. Otherwise like Bald- winia. — A slender branching annual. Leaves alternate, linear, fleshy. Heads of yellow flowers showy, terminating the peduncle-like summit of the branches. 1. A. angUStifolium, Torr. & Gray. (Baldwinia multiflora, Nutt.) — Dry sandy ridges in the pine barrens, Florida and Georgia. Sept. — Stem l°-2° high, smooth. Leaves very numerous, sprinkled with jointed hairs. 63. MARSHALLIA, Schreb. Heads many-flowered ; the flowers all tubular and perfect. Corolla pubescent, with linear spreading lobes. Scales of the involucre oblong-linear or lanceolate, in 1 - 2 rows. Chaff of the convex or conical receptacle narrow-linear, rigid. Achenia oblong, narrowed downward, 5-angled, mostly hairy. Pappus of 5 - 6 ovate or triangular acuminate entire membranaceous scales. — Perennial herbs, with simple and scape-like or branching stems, smooth entire 3-nerved alternate leaves, and a solitary head of white or purplish flowers terminating the stem or branches. Anthers blue. 1. M. latifolia, Pursh. Stem leafy, simple or sparingly branched above ; leaves ovate-lanceolate, acuminate ; scales of the involucre linear-lanceolate, acute ; achenia smooth. — Dry soil, in the upper districts. May and June. — Stem 1° high. 2. M. lanceolata, Pursh. Stem naked above, simple, pubescent ; leaves lanceolate, obtuse ; the lowest spatulate ; scales of the involucre oblong-linear, obtuse ; achenia pubescent. — Var. PLATYPHYLLA, Curtis. Stem leafy to the middle; leaves longer and broader; the lowest (5' -6') on long and slender petioles. — Dry open woods, Florida to North Carolina, and westward ; the variety in the upper districts. April -June. — Stem 6' - 12' high. Leaves 2' -3' long. 3. M. angustifolia, Pursh. Stem simple or branched, leafy below, pu- berulent above ; leaves linear, acute, the lowest spatulate ; scales of the involu- cre linear and acute ; disk at length ovate or oblong ; achenia with haiiy angles. — Low pine barrens, Florida to North Carolina. July and Aug. — Stem 2° - 3° high. 64. MARUTA, Cass. MAY-WEED. Heads many-flowered ; the rays neutral. Scales of the hemispherical involu- cre imbricated in few rows, shorter than the disk. Receptacle conical, chaffy throughout, or only at the summit. Achenia obovoid, ribbed, smooth. Pappus none. — Branching annuals. Leaves alternate, thrice pinnately divided. Heads solitary, terminal. Rays white. 1. M. Cotula, DC. Stem 1° high; divisions of the leaves linear; scales of the involucre with scarious margins ; disk yellow. (Anthemis Cotula, L.) — Waste places. Introduced. May and June. 21 242 COMPOSITE. (COMPOSITE FAMILY.) 65. ACHILLEA, L. YARROW. Heads many-flowered ; the rays pistillate, few and short. Scales of the invo- lucre imbricated. Receptacle flat or elongated, chaffy. Achenia oblong, com- pressed, margined. Pappus none. — Perennial herbs. Leaves alternate, com- monly pinnately divided. Heads small, corymbose. « 1. A. millefolium, L. Stems (1° high) simple, pubescent, tufted; leaves lanceolate, bipinnatifid, the divisions linear, 3 - 5-cleft ; corymbs dense, compound ; rays 4-5, white. — Old fields and around dwellings. Introduced. May- Sept. 66. LEUCANTHEMUM, Tourn. OX-EYE DAISY. Heads many-flowered ; the rays numerous, pistillate. Scales of the involucre imbricated, broad, rounded, with scarious margins. Receptacle flat or convex, naked. Achenia nearly terete. Pappus none. — Perennial herbs. Leaves alter- nate, toothed or pinnatifid. Heads solitary, terminating the stem or branches. Rays white. 1. L. Vlllgare, Lam. Stem (6' -12' high) simple, naked above; leaves pinnatifid ; the lowest spatulate-obovate ; the upper lanceolate ; heads showy. (Chrysanthemum Leucanthemum, L.) —Fields. Introduced. May and June. 67. TANACETUM, L. TANSY. Heads many-flowered, discoid ; the flowers all fertile ; the marginal ones chiefly pistillate, 3-5-toothed. Scales of the involucre imbricated, dry. Receptacle convex, naked. Achenia angled or ribbed. Pappus a narrow border, or none. — Herbs with alternate dissected leaves, and solitary or corymbose heads of yellow flowers. 1. T. vulgare, L. Stem smooth, erect; leaves bipinnately divided, the lobes serrate ; heads corymbose, numerous ; pappus 5-lobed. — Common in gardens, and sparingly naturalized in North Carolina. 1|. — Stem 1° - 2° high. 68. ARTEMISIA, L. WORMWOOD. Heads few- or many-flowered, discoid ; the central flowers perfect, 5-toothed (sometimes abortive), the marginal ones pistillate, 3-toothed. Scales of the in- volucre imbricated, mostly with scarious margins. . Receptacle convex, naked or villous. Achenia obovoid. Pappus none. — Aromatic herbs or shrubs. Leaves alternate, pinnately divided. Heads small, in panicled spikes or racemes. 1 . A. .caudata, Michx. Smooth ; stem slender, branching ; lowest leaves 2 -3-pinnately divided, the upper ones pinnate, with the divisions filiform ; heads globular, in small racemes, forming an elongated panicle. — Dry open woods, West Florida, and northward. Sept. @ — Stem 2° - 6° high. Receptacle naked. Disk-flowers abortive. 69. SOLI V A, Ruiz & Pavon. Heads many-flowered, monoecious ; the fertile flowers in several rows, apeta- lous or nearly so ; the staminate few in the centre, with a 3- 6'-toothed corolla. COMPOSITE. (COMPOSITE FAMILY.) 243 Scales of the involucre 5 - 10, in a single row. Receptacle flat, naked. Ache- nia compressed, with winged or thickened margins, armed with the persistent rigid style. Pappus none. — Small depressed herbs, with petioled pinnately divided leaves, and small sessile or rarely pedunculate heads. 1. S. nasturtiifolia, DC. Very low and depressed ; leaves on short peti- oles, pinnately parted ; the lobes 3-4 on each side, obtuse, entire ; heads sessile ; achenia cuneiform, villous at the apex ; the callous margin tuberculate-rugos,e throughout. (Gymnostylis stolonifera, Nuit.) — South Carolina, around Charles- ton. Introduced. Feb. - May. 70. GNAPHALIUM, L. EVERLASTING. Heads many-flowered, discoid ; the exterior and pistillate ones very slender, mostly in several rows ; the central ones perfect. Scales of the involucre im- bricated, appressed, scarious. Receptacle flat, naked. Achenia terete or more or less flattened. Pappus a single row of capillary bristles. — Woolly or downy herbs. Leaves alternate, undivided. Heads in crowded spikes or corymbs. In- volucre colored. 1. G. polycephalum, Michx. Stem woolly, white, branching above; leaves linear, sessile, undulate, white beneath ; heads corymbose ; scales of the involucre white, obtuse. — Old fields, common. Sept. and Oct. (i) — Stem 2° high. Perfect flowers few. 2. G. purpureum, L. Woolly or tomentose and hoary throughout; stems branching at the base, ascending, simple ; lowest leaves spatulate-lanceo- late, the upper ones linear ; heads in crowded spikes. — Cultivated ground, very common. April -June. (J) — Stems 4' -12' high. 71. ANTENNAKIA, Gaert. EVERLASTING. Heads many-flowered, dioecious, discoid ; the corolla of the sterile flowers 5- cleft ; of the pistillate ones filiform. Scales of the involucre imbricated, scarious, colored. Receptacle convex or flat. Achenia .nearly terete. Pappus a single row of capillary bristles, which, in the staminate flowers, are thickened at the apex. — Perennial downy or woolly herbs, with alternate entire leaves, and corymbose rarely single heads. 1. A. margaritacea, R. Br. Stem corymbose above, woolly; leaves linear-lanceolate, with revolute margins, tomentose ; heads corymbose ; invo- lucre white. — Upper districts of North Carolina, and northward. Sept. and Oct. — Stem 1° - 2° high. 2. A. plantaginifolia, Hook. Stoloniferous ; stems scape-like ; radical leaves spatulate or obovate, hoary, becoming smooth above, 3-ribbed ; those of the stem few, linear or lanceolate ; heads small, in a terminal cluster, sometimes single and larger; involucre white or purplish. — Sterile soil, Florida, and north- ward. March - May. — Stem 6' - 1 2' high. 244 COMPOSITE. (COMPOSITE FAMILY.) 72. ERECHTHITES, Raf. FIREWEED. Heads many-flowered, discoid ; the marginal flowers pistillate, very slender, 2 - 3-toothed ; the others perfect, 4 - 5-toothed. Scales of the cylindrical involu- cre in a single row, linear, acute, bracted. Receptacle naked. Achenia oblong, striate. Pappus of copious soft hairs. — Erect annual herbs, with alternate simple leaves, and corymbose heads of greenish flowers. 1. E. ideracifolia, Raf. Stem mostly branched, smooth or hairy ; leaves lanceolate, sessile, sharply serrate or toothed ; the upper somewhat clasping ; bracts subulate, minute ; pappus white. (Senecio hieracifolius, L.) — Rich soil, common. July - Sept. — Stem 1° - 5° high. 73. CACALIA, L. Heads 5 - many-flowered ; the flowers all tubular and perfect, 5-cleft. Scales of the involucre 5-30, in a single row. Receptacle flat, naked, or with a tuber- cular prominence in the centre. Achenia oblong, smooth. Pappus of numerous capillary bristles. — Perennial, mostly smooth and tall herbs, with alternate entire or lobed leaves, and corymbose heads of white flowers. # Receptacle fiat : involucre about 12-leaved, 25 - 30-jloivered. 1. C. suaveolens, L. Smooth ; leaves ovate, hastate, acute, toothed- serrate, on winged petioles; the uppermost sessile; bracts filiform. — Low ground, West Florida, and northward. Sept. and Oct. — Stem 3° - 5° high. * * Receptacle tubercular in the centre : scales of the involucre and flowers 5. 2. C. reniformis, Muhl. Stem angled ; leaves not glaucous, angularly toothed, on slender petioles ; the lowest large, reniform, the upper ones roundish ; corymb compound. — Damp soil in the mountains of North Carolina and Tea- nessee. July and Aug. — Stem 4° -9° high. Radical leaves sometimes 2° in diameter, the teeth mucronate. 3. C. atriplicifolia, L. Stem terete, corymbosely branched above ; leaves glaucous beneath, angularly lobed, the lobes mostly entire, mucronate ; the lowest ones reniform ; the upper rhomboid ; corymbs compound. — "Woods and moist banks, Florida, and northward. — Aug. and Sept. — Stem 4° - 8° high. Leaves smaller and thicker than the last. 4. C. diver sifolia, Torr. & Gray. Stem angled ; leaves not glaucous, petioled ; the lowest broadly cordate or cordate-ovate, obtusely toothed, the upper 3 - 5-lobed. — Muddy banks of the Chipola River, Marianna, "West Florida. May - Aug. — Stem 2° - 3° high. 5. C. ovata, Walt. Stem terete; leaves glaucous beneath, 3-5-nerved, ovate or oval, obtuse, entire or wavy-toothed ; the lowest long-petioled ; the upper ones sessile ; corymbs open. — Swamps, Georgia, Florida, and westward. July and Aug. — Stem 3° - 4° high. Lowest leaves 5' - 8' long. 6. C. tuberosa, Nutt. Stem furrowed, angled ; leaves not glaucous, oval or lanceolate-oblong, strongly 5 - 7-nerved, entire or slightly toothed ; the lowest long-petioled ; corymbs dense. — Swamps, Georgia, Florida, and westward. Aug. and Sept. — Stem 3° - 5° high. Leaves thick. COMPOSITE. (COMPOSITE FAMILY.) 245 7. C. lanceolata, Nutt. Stem terete ; leaves rather fleshy, lanceolate or linear-lanceolate, entire, 3-nerved, somewhat glaucous ; the lowest tapering into a long petiole, the upper sessile. — Brackish marshes, Georgia, Florida, and west- ward. Aug. and Sept. — Stem 3° - 5° high. Lowest leaves 1° or more long. 74. SENECIO, L. GROUNDSEL. BUTTER-WEED. Heads many-flowered ; the flowers all tubular and perfect, or with pistillate rays. Scales of the involucre in a single row, often bracted. Receptacle naked or alveolate. Achenia not beaked nor winged. Pappus of copious soft hairs. — Herbs, with entire or pinnately divided leaves. Heads corymbose. Flowers yellow. Pubescence mostly webby and deciduous. * Annual : heads radiate. 1. S. lobatus, Pers. Smooth; stem furrowed, hollow ; leaves tender, ly- rate-pinnatifid, with rounded toothed lobes ; the earliest orbicular, long-petioled ; rays about 12. — Low ground, Florida to North Carolina, and westward. March and April. — Stem 1° - 3° high. Lobing of the leaves variable. * * Perennial: heads radiate : lowest leaves petioled, undivided; the others pinnately lobed or toothed ; the uppermost sessile. 2. S. aureus, L. Smooth, or more or less woolly when young ; stem (2° high) slender ; radical leaves long-petioled, round-cordate, crenate; the others lanceolate or oblong-lanceolate, pinnatifid ; rays 8 - 12 ; achenia smooth. — Mountains of North Carolina. July. Var. fastigiatUS. Stem stout (2° -3° high), stoloniferous ; petioles of the larger (2' wide) leaves, as also the involucre, densely woolly at the base. — River-banks, Florida. Var. Balsamitse. Radical leaves spatulate-lanceolate or obovatc ; lower part of the stem often densely woolly ; achenia hairy. — Dry open woods in the upper districts. May and June. — A polymorphous species. 3. S. tomentoSUS, Michx. Woolly and hoary throughout ; the leaves becoming smoothish ; lowest leaves oblong, crenate, obtuse ; stem-leaves few, scattered, lanceolate, acute, serrate or toothed; rays 12-15; achenia hairy. — Damp soil, Florida to North Carolina. April and May. — Stems mostly simple, 2° - 3° high. Heads rather large. 4. S. Elliottii, Torr. & Gray. Smoothish ; leaves chiefly radical, thick, obovate or roundish, crenate, on short winged petioles ; those of the stem small, pinnatifid; heads crowded; rays 9-12; achenia smooth. (S. obovatus, Ell. in part.) — Rocky places, West Florida to North Carolina. April and May. — Stem 1° high. Radical leaves 2' -3' wide. * * * Perennial : heads radiate : leaves all bipinnately dissected. 5. S. MiUefolium, Torr. & Gray. Woolly when young, at length nearly smooth ; stems tufted, corymbose above ; leaves lanceolate, with the divisions linear and toothed, the lowest ones petioled; heads crowded; rays 9 -12. — Mountains of North Carolina, Buckley. June. — Stems l°-2° high. 21* 246 COMPOSITE. (COMPOSITE FAMILY.) 0 75. BUGELIA, Shnttl. Heads many-flowered, the flowers all tubular and perfect. Scales of the cara- panulate involucre lanceolate, equal, in a single row. Receptacle convex, naked. Corolla 5-cleft. Style bulbous at the base, the long branches truncated at the apex, and beset with rigid reflexed hairs. Achenia terete, striate. Pappus of numerous rather rigid rough bristly hairs. — A perennial herb, with alternate undivided leaves, and large heads in a simple corymbose raceme. 1. R. nudicaulis, Shuttl. Minutely pubescent; rhizoma creeping ; stem simple, erect ; leaves ovate, acute at each end, denticulate ; the lowest ones large (2' -4'), crowded, on long margined petioles, the others small, scattered, and nearly sessile ; heads on long bracted peduncles. — Smoky Mountains, Tennes- see, Rugel, Buckley. — Stem 1° high. 76. ARNICA, L. Heads many-flowered, radiate ; the rays pistillate. Scales of the campanulate involucre lanceolate, equal, in about two rows. Receptacle flat, hairy. Achenia terete, narrowed dowmvard, somewhat ribbed. Pappus a single row of rough bristly hairs. — Perennial herbs. Leaves opposite, undivided. Heads single or corymbose. 1 . A. nudicaulis, Ell. Hirsute ; radical leaves spreading, oval or ob- ovate, obtuse, 3-5-ribbed, serrate or entire; the others (2-3 pairs) distant, oblong, sessile ; heads corymbose, showy ; achenia smoothish. — Wet pine bar- rens, Florida, and northward. April and May. — Stem 1° - 2° high, simple, or with few opposite branches. TRIBE V. C YNARE^E. Heads discoid ; the flowers all tubular ; the exterior ones sometimes enlarged and ray-like : style thickened at the summit ; the stigmatic lines extending to the summit of the branches, without appendages. 77. CENTAUBEA, L. STAR-THISTLE. Heads many-flowered ; the marginal flowers mostly large and sterile. Scales of the involucre imbricated. Receptacle bristly. Achenia compressed. Pappus of rough bristles in one or more rows, sometimes wanting. — Herbs. Leaves alternate. Heads solitary. 1. C. Calcitrapa, L. Stem diffusely branched, hairy; leaves pinnately lobed ; the lobes linear, toothed ; heads sessile ; involucre spiny ; pappus none. — North Carolina. Naturalized. — Flowers purple. 78. CIRSIUM, Tourn. THISTLE. Heads many-flowered, discoid ; the flowers all similar and perfect. Scales of the involucre imbricated in many rows, all but the innermost ones usually spine- pointed. Receptacle bristly. Achenia oblong, compressed, smooth. Pappus of numerous plumose hairs. — Herbs, with alternate sessile or decurrent mostly pinnatifid and spiny leaves. Heads large, subglobose. Flowers purple or whitish. COMPOSITE. (COMPOSITE FAMILY.) 247 * Leaves decurrent. 1 . C. lanceolatum, Scop. Stem hairy, branched ; leaves pinnatifid, spiny, hirsute above, woolly beneath ; scales of the involucre webby, tipped with strong erect spines; flowers purple. — Banks of the Savannah River at Augusta to North Carolina, and northward. Introduced. Sept (|) — Stem 2° -3° high. * * Leaves sessile. H- Scales of the involucre tipped with spreading spines. 2. C. discolor, Spreng. Stem tall, hirsute, the branches leafy to the sum- mit ; leaves deeply pinnatifid, smoothish, or with scattered hairs above, hoary- tomentose beneath ; the divisions 2 - 3-lobed, pointed with a spine, and ciliate on the margins ; scales of the involucre narrow, webby, tipped with a very slender spreading spine ; flowers purple. — Margins of fields, &c. in the upper districts. July -Sept. (D — Stem 3° -6° high. Lower leaves 6' -12' long. Heads about 1' in diameter. 3. C. altissimum, Spreng. Stem tall, pubescent ; the branches leafy to the summit ; leaves rough-pubescent above, hoary-tomentose beneath, fringed with fine prickles ; the lowest petioled, pinnatifid ; the upper sessile, entire or pinnately lobed ; heads bracted ; scales of the involucre webby when young, tipped with a weak prickle ; flowers purple. — Fields and thickets, Mississippi to North Carolina, and northward. Aug. and Sept. — Stem 3° -10° high. Heads about 1' in diameter. Involucre somewhat viscid. 4. C. Nuttallii, DC. Stem angled, paniculately branched, smooth or hairy ; the branches naked at the summit ; leaves clasping, soft-hairy, becoming smoothish above, pinnatifid ; the numerous spreading lobes lanceolate, 3-toothed, tipped with strong spines, and ciliate on the margins ; heads numerous, small, bractlcss ; scales of the involucre appressed, viscid, tipped with a short, at length spreading prickle ; corolla white or pale purple. (Cnicus glaber, Ell.) — Dry light soil, Florida to South Carolina. July and Aug. — Stem 3° - 8° high. Heads 8" - 10" in diameter. 5. C. Virginianum, Michx. Stem slender, simple or sparingly branched, hoary-tomentose ; leaves linear, or linear-lanceolate, rigid, smooth above, hoary beneath ; the margins revolute, toothed or pinnatifid, and spiny ; scales of the involucre viscid, spiny ; flowers purple. — Pine-barren swamps, Florida, and northward. Aug. and Sept. — Stem 2° - 3° high. Heads £' in diameter. H- H- Scales of the involucre spineless, or the outer ones spine-pointed. 6. C. muticum, Michx. Stem tall, branching, commonly hairy; leaves with scattered hairs above, pubescent or at length nearly smooth beneath, bristly- ciliate on the margins, deeply pinnatifid; the lobes lanceolate, 2 -3-toothed, spiny ; scales of the involucre unarmed, webby, viscid ; flowers purple. — Swamps in the upper districts. Aug. and Sept. — Stem 3° - 8° high. Heads 1' in diameter. 7. C. Lecontei, Torr. & Gray. Stem simple, or with 1-3 nearly naked branches, hoary-tomentose; leaves lanceolate, smooth above, hoary beneath, entire, the margins fringed with bristly hairs, and spiny ; the earliest ones pin- 248 COMPOSITE. (COMPOSITE FAMILY.) natifid ; scales of the involucre cuspidate, viscid, not webby ; flowers purple. — Pine-barren swamps, Florida, Georgia, and westward. July and Aug. — Stem 2° - 3° high, rigid. Heads 1' in diameter. 8. C. repandum, Michx. "Webby throughout when young ; stem simple, very leafy ; leaves oblong-linear, clasping, the margins undulate and closely fringed with bristly spines ; heads mostly solitary ; flowers purple. — Dry pine barrens, Florida to North Carolina. June and July. — Stem 1° - 2° high. 9. C. horridulum, Michx. Webby when young, at length smoothish ; stem thick, branching; leaves clasping, pinnatifid, armed with long and stout spines ; heads large, surrounded by a whorl of linear pectinate spiny bracts ; scales of the involucre linear-subulate, spine-pointed ; flowers purple or yellow- ish.— Sandy soil, Florida, and northward. April and May. — Stem l°-3° high, often purple. 79. LAPPA, Tourn. BURDOCK. Heads many-flowered, discoid ; the flowers all perfect and similar. Scales of the globose involucre imbricated, coriaceous, with subulate spreading hooked tips. Receptacle flat, bristly. Achenia oblong, compressed, transversely rugose. Pappus of numerous short caducous bristles. Anthers caudate at the base. — Biennial branching herbs, with large cordate petioled leaves. Heads small. Flowers purple or white. 1. L. major, Gsert. Leaves undulate on the margins, pubescent beneath; the uppermost ovate ; heads corymbose ; involucre smooth or webby. — "Waste places, North Carolina. Introduced from Europe. SUBORDER H. !LABIATIFL,ORjE. TRIBE VI. MUTISIACE JL Heads with the flowers dissimilar or rarely dioe- cious; the marginal ones pistillate or neutral, ligulate or bilabiate: style as in Tribe V. 80. CHAPTALIA, Vent. Heads many-flowered, radiate. Ray-flowers pistillate, in two rows, the outer ones ligulate, the inner ones ligulate or 3 - 5-toothed and filiform. Disk-flowers perfect but sterile, bilabiate, the outer lip 3-cleft, the inner 2-cleft. Anthers cau- date. Scales of the cylindrical involucre lanceolate, acute, imbricated in few rows. Receptacle naked. Fertile achenia oblong, smooth, narrowed at each end. Pappus of numerous bristly hairs. — Stemless perennial herbs ; the simple scape bearing a single head of white or purplish flowers. Leaves smooth above, white tomentose beneath. 1. C. tomentosa, Vent. — Low pine barrens, Florida to North Carolina. Feb. -April. — Scape tomentose, 6' -12' high. Leaves spatulate-lanceolate or oblong. Heads nodding. COMPOSITE. (COMPOSITE FAMILY.) 219 SUBORDER III. L.IOUO FLORAE. TRIBE VII. CICHORACE^E. Style cylindrical above and pubescent, like the rather obtuse branches,- the stigmatic lines terminating below or near the middle of the branches. — Plants with milky juice : leaves alternate. 81. APOGON, Ell. Heads 10-20-flo\vered. Scales of the involucre mostly 8, somewhat in two rows, nearly as long as the corolla, connivent in fruit. Receptacle naked. Achenia ovoid-oblong, terete, ribbed and transversely striatc, smooth. Pappus none. — A low smooth and branching annual, with lanceolate entire or toothed leaves, and single or umbellate heads of yellow flowers, borne on slender pe- duncles. 1. A. humilis, Ell. —Florida to South Carolina. April and May. — Stem-leaves clasping; the uppermost mostly opposite. — Plant 6'- 12' high. 82. KRIGIA, Schreb. Heads 15 -30-flowered. Scales of the involucre 6-15, somewhat in 2 rows, equal. Receptacle naked. Achenia top-shaped, 5-angled. Pappus double; the outer of 5 broad chaffy scales ; the inner of 5 rough bristles. — Small annual herbs, branching at the base, with naked peduncle-like stems, each terminated by a small head of yellow flowers. Leaves chiefly radical, mostly lyrate or toothed. 1. K. Virginica, Willd. Proper stem short, simple or forking; scapes at length several, slightly pubescent, elongated in fruit ; leaves somewhat glau- cous ; the lowest rounded, entire ; the others spatulate-oblong, pinnatifid. (K. dichotoma, Nutt.) — Dry sandy soil, Florida, and northward. March - May. — Scapes at length 1° high. 2. K. Caroliniana, Nutt. Stem short ; scapes pubescent or somewhat hispid near the apex ; leaves linear-lanceolate, acute at each end, entire or spar- ingly toothed, or the upper ones variously lobed. (K. leptophylla, DC.) — Dry sandy places, Florida to North Carolina. Feb. and March. — Scapes 3' -12' high. 83. CYNTHIA, Don. Heads many-flowered. Scales of the involucre 12-15. Achenia short, ob- long or top-shaped, obscurely 4-angled, not beaked. Pappus double ; the outer of numerous, very small chaffy scales ; the inner of numerous bristles. — Perennial nearly smooth herbs, bearing single heads of yellow flowers on long more or less glandular peduncles or scapes. Leaves alternate, entire or pinnatifid. 1. C. Virginica, Don. Root fibrous; stem branched above, bearing 3- 5 heads on slender umbellate peduncles ; radical leaves oval or spatulate-oblong, toothed or pinnatifid ; the upper ones clasping and entire ; achenia oblong. — Sandy soil in the upper districts. May - July. — Stem 1° - 2° high. 2. C. Dandelion, DC. Stemless or nearly so ; roots bearing small tu- bers ; scapes several, bearing single heads ; lowest leaves spatulate-oblong ; the 250 COMPOSITE. (COMPOSITE FAMILY.) others linear, elongated, entire or toothed ; achenia somewhat top-shaped. — Var. MONTANA. Stem manifest, decumbent ; upper leaves nearly opposite. (Hyoseris montana, Michx. ?) — Damp soil, Florida, and northward ; the variety on the mountains of North Carolina. March -May. — Scapes 6'- 12' high. 84. HIERACIUM, Tourn. Heads many-flowered. Scales of the involucre imbricated, or in 2 rows ; the outer row short. Receptacle nearly naked. Achenia not beaked, commonly terete or spindle-shaped, ribbed. Pappus a single row of persistent brownish- white hairs. — Perennial herbs with alternate entire or toothed leaves, and single, corymbose, or panicled heads of yellow flowers. — Involucre, in our species, in 2 rows, the outer short and bract-like. 1. H. scabrum, Michx. Stem stout, leafy, hirsute below, rough above ; panicle somewhat corymbose ; leaves oval, sessile ; the lowest spatulate-oblong, hirsute; peduncles and involucre tomentose and glandular-hispid ; achenia cylin- drical. (H. Marianum, Ell.) — Open woods in the upper districts. Aug. and Sept. — Stem l°-3° high. Heads large, many-flowered. 2. H. Gronovii, L. Stem leafy and hirsute below, naked and smoother above ; leaves entire or denticulate, hirsute ; the lowest spatulate-oblong ; the upper small, sessile ; panicle narrow, elongated ; achenia narrowed upward. — Dry sandy soil, Florida, and northward. Sept. and Oct. — Steni l°-2° high. Lowest leaves spreading on the ground. 3. H. venosum, L. Stem slender, nearly leafless, smooth ; lowest leaves oblong-obovate, smooth, or hirsute on the veins beneath, often veined with purple ; the others (1-3) small and remote ; heads small, in a spreading corym- bose panicle, smoothish ; achenia linear. — Shady soil in the upper districts. May -July. — Stem 1° - 2° high. 4. H. paniculatum, L. Stem slender, leafy, villous below ; leaves thin, lanceolate, denticulate, acute, smooth; panicle divaricate ; heads small, 12-20- flowered ; involucre smooth ; achenia short, not narrowed upward. — Open woods along the mountains, Georgia, and northward. Aug. and Sept. — Stem 2° - 3° high. Peduncles filiform. 85. NABALUS, Cass. Heads 5 - 20-flowered. Involucre cylindrical, composed of 5 - 14 linear scales, and several short exterior ones. Receptacle naked. Achenia linear-oblong or cylindrical, furrowed, glabrous, not narrowed upward. Pappus of numerous straw-colored or brownish bristly hairs. — Perennial herbs, with bitter tuberous roots, entire or variously lobed leaves, and nodding heads of yellowish white or purplish flowers, in short racemes or clusters. 1. N. albus, Hook. Smooth; stem paniculate, purplish ; leaves acutish, angled, toothed, or variously 3 - 5-lobed or parted ; the lowest petioled ; the up- permost nearly sessile ; racemes short, spreading ; involucre purplish, of about COMPOSITE. (COMPOSITE FAMILY.) 251 8 scales, 8 - 1 2-flowered ; pappns light brown ; flowers white or cream-color. — Open woods in the upper districts of Georgia, and northward. Sept. — Stem 3° -4° high. 2. N. altissimus, Hook. Smooth; stem simple or sparingly branched above ; leaves thin, ovate or cordate, petioled, acuminate, denticulate, or the lower ones palmately 3 - 5-cleft or parted ; heads in small axillary and terminal clusters, forming a long panicle ; involucre slender, greenish, of about 5 scales, 5 - 6-flowered ; pappus dirty white or straw-colored. — Varies with the wavy- toothed leaves, deltoid ; the lowest hastate - 3-angled or parted. (Prenanth.es deltoidea, Ell.) — Woods along the mountains, Georgia, and northward. Sept. — Stem 3° - 5° high. Flowers yellowish, or greenish white. 3. "N. Fraseri, DC. Smooth or slightly pubescent ; stem corymbosely panicled above ; leaves deltoid, mucronate, pinnately 3 - 7-lobed, on winged peti- oles ; the upper .lanceolate, often entire ; clusters small, terminal ; involucre greenish, smooth or hairy, of about 8 scales, 8-12-flowered; pappus straw- color. — Varies with the lanceolate or oblong leaves mostly sessile, or the upper- most clasping; the 12-15-flowered involucre hirsute with long purplish hairs. (Prenanthes crepidinea, Ell.) — Dry sterile soil, Florida, and northward. Sept. — Stem l°-4°high. 4. N. virgatUS, DC. Smooth; stem simple, virgate; leaves lanceolate, acute, sessile or partly clasping ; the uppermost small, entire ; the lowest deeply pinnatifid, on margined petioles ; clusters of heads small, racemose ; involucre smooth, purplish, of about 8 scales, 8-12-flowered; pappus straw-color. — Damp soil, Florida, and northward. Sept. — Stem 2° - 4° high. Flowers purplish. 5. N. crepidineus, DC. Smoothish ; stem tall, corymbosely panicled ; leaves oblong-ovate or somewhat hastate, acute, unequally toothed, the lowest on winged petioles; involucre brown, hairy, of 12-14 scales, 20 - 35-flowered ; pappus light brown. — Mountains of North Carolina and Tennessee. Sept. — Stem 5° -8° high. Lower leaves 8'- 12' long. Flowers yellowish-white. 86. LYGODESMIA, Don. Heads 5 - 10-flowered. Involucre elongated, cylindrical, of 5 -8 linear scales, and a few short exterior ones. Receptacle naked. Achenia linear, elongated, smooth, striate, not narrowed upward. Pappus of copious smoothish white hairs in several rows. — Perennial smooth herbs, with linear or filiform leaves. Heads solitary. Flowers rose-color. 1. L. aphylla, DC. Stem simple or forking ; lowest leaves filiform, elongated ; the others remote, small, and bract-like ; heads showy. (Prenanthes aphylla, Nutt.) —Dry sandy pine barrens, Georgia and Florida. April and May. — Stem 1°- 2° high. 87. TARAXACUM, Haller. DANDELION. Heads many-flowered. Involucre double ; the exterior of small spreading scales ; the interior erect in a single row. Receptacle naked. Achenia oblong, 252 COMPOSITE. (COMPOSITE FAMILY.) ribbed or angled, muricate on the ribs ; the apex abruptly produced into a long beak. Pappus of copious white hairs. — Stemless perennial herbs. Scapes hol- low, bearing a single head of yellow flowers. Leaves all radical, oblong or lanceolate, entire or pinnatifid. 1. T. Dens-leonis, Desf. Leaves pinnatifid, the lobes acute, toothed; heads showy. — Damp soil, sparingly naturalized. 88. PYRRHOPAPPUS, DC. Heads many-flowered. Involucre double, of numerous subulate scales ; the inner ones erect and partially united, often with a callous appendage at the apex. Receptacle flat, naked. Achenia oblong, nearly terete, 5-furrowed ; the apex narrowed into a long filiform beak. Pappus of copious soft reddish or brownish hairs. — Smooth annual herbs. Leaves oblong or lanceolate, commonly toothed or pinnatifid. Heads solitary, terminating the naked stem or peduncle-like branches. Flowers yellow. 1. P. Carolinianus, DC. Stem branching ; leaves lanceolate, mostly toothed or pinnatifid ; achenia shorter than the filiform beak. (Borkhausia, Ell.) — Fields, Florida to Mississippi, and northward. April - July. — Stem l°-2°high. 89. LACTUCA, L. LETTUCE. Heads few- or many-flowered. Scales of the cylindrical involucre imbricated ; the outer ones sliort. Receptacle naked. Achenia compressed parallel to the scales, smooth, abruptly narrowed into a filiform beak. Pappus of copious soft white hairs. — Tall herbs, with entire or pinnatifid -leaves. Heads paniculate. Flowers white, purple, blue, or yellow. 1. L. elongata, Muhl. Smooth or nearly so; stem tall (4° -8°), simple or paniculate 5 leaves elongated, lanceolate, sessile or partly clasping ; the upper ones mostly entire ; the lower pinnatifid ; panicle long, leafless ; flowers yellow. — Var. INTEGRIFOLIA. Leaves all undivided, or the lowest pinnatifid ; flowers yellow or purplish. — Var. GRAMINIFOLIA. Smaller (2°- 3°), leaves linear or linear-lanceolate, rather rigid, all entire, or the lowest ones sparingly toothed or pinnatifid ; flowers purple. — Dry soil, Florida, and northward. July- Sept. 90. MULGEDIUM, Cass. Heads many-flowered. Scales of the involucre imbricated, the outer ones short. Receptacle naked. Achenia smooth, laterally compressed, narrowed into a short beak, which is expanded into a ciliate disk at the apex. Pappus of co- pious white or tawny hairs. — Tall herbs. Leaves pinnatifid or undivided. Flowers mostly blue. * Pappus white. 1. M. acuminatum, DC. Smooth; stem panicled above ; leaves ovate or ovate-lanceolate, acuminate, toothed, on winged petioles, the lowest some- times sinuate-lobed ; heads racemed, on spreading peduncles. (Sonchus, Ell.) LOBELIACE^E. (LOBELIA FAMILY.) 253 — Margins of fields, &c., Florida, and northward. Sept. (9) — Stem 3° - 6° high. Leaves 3' -6' long, often hairy beneath. Flowers blue. 2. M. Floridanum, DC. Smooth; stem panicled above; leaves all pinnatifid and toothed, with the terminal lobe larger and 3-angled, or the upper- most lanceolate, sessile or clasping ; heads racemose-panicled ; flowers blue. — Rich soil, Florida to North Carolina. Aug. and Sept. — Stem 3° - 6° high. * * Pappus tawny. 3. M. leu.coph.8eum, DC. Smoothish ; stem panicled above ; leaves numerous, irregularly pinnatifid, with coarsely-toothed lobes ; the terminal lobe 3-angled, or in the upper leaves often linear and entire ; racemes panicled. — Mountains of North Carolina. Sept. (f) — Stem 3° - 12° high. Leaves 6'- 12' long. Flowers pale blue. 91. SONCHUS, L. Heads many-flowered. Scales of the involucre imbricated. Receptacle naked. Achenia compressed, ribbed, not beaked nor narrowed at the apex. Pappus of copious soft white hairs. — Annuals. Leaves entire or pinnatifid. Heads some- what umbelled. Flowers yellow. 1. S. oleraceus, L. Smooth ; stem branching ; leaves pinnatifid, with spiny-toothed lobes, clasping ; the lowest petioled ; achenia transversely rough- ened. — Waste places. Introduced. June - Aug. — Stem 1 ° - 2° high. 2. S. asper, Vill. Smooth, or the upper part of the stem and peduncles hispid ; leaves entire, clasping, fringed with weak spines ; the lowest oblong- obovate, the upper lanceolate ; achenia smooth. — Fields, Florida, and north- ward. June - Aug. — Stem 2° - 3° high. ORDER 73. LOBELJACE^. (LOBELIA FAMILY.) Chiefly herbs, with milky juice. Leaves alternate, without stipules. Flowers irregular. — Calyx 5-lobed, the tube adherent to the 2-celled ovary. Corolla unequally 5-lobed, valvate in the bud ; the tube split on one side to the base. Stamens 5, inserted on the calyx ; the anthers, and commonly the filaments, united into a tube. Style solitary: stigma 2- lobed, surrounded with a ring of hairs. Fruit baccate and indehiscent, or capsular and 2-3-valved, many-seeded. Seeds anatropous. Embryo straight in fleshy albumen. — Acrid poisonous plants. 1. LOBELIA, L. LOBELIA. Corolla bilabiate ; the upper lip small, erect or reflexed, 2-partedx the lower spreading, palmately 3-cleft; the tube straight. Anthers, or a part of them, bearded at the apex, curved. Capsule 2-celled, 2-valved at the apex, many- seeded. — Stems erect. Leaves undivided; the serratures glandular Flowers blue, white, or scarlet, in terminal racemes or spikes. 22 254 LOBELIACE^E. (LOBELIA FAMILY.) * Flowers scarlet. 1. L. cardinalis, L. (CARDINAL-FLOWER.) Smooth or slightly pubes- cent ; stem stout, simple ; leaves lanceolate, denticulate ; bracts leafy ; stamens and style much longer than the corolla. — Muddy banks, Florida to Mississippi, and northward. July -Sept. 1J. — Stem 2° - 3° high. Raceme many-flowered. Flowers very showy. * * Flowers blue and white. -t- Sinuses of the calyx with deftexed appendages. 2. L. syphilitic a, L. Hairy ; leaves thin, lanceolate, acute at each end, coarsely serrate ; racemes leafy, many-flowered ; calyx hairy ; the lanceolate denticulate lobes half as long as the large (!' long) light blue corolla. — Swamps along the mountains, Georgia, and northward. Aug. and Sept. 1J.— Stem 1°- 3° high. 3. L. puberula, Michx. Softly pubescent or villous, or sometimes nearly smooth; leaves thickish, mostly obtuse, lanceolate or oblong, glandular-den- ticulate ; spikes mostly 1 -sided ; calyx top-shaped, the linear lobes nearly as long as the tube of the bright blue corolla. — Swamps and low ground, Florida to Mississippi, and northward. Aug. and Sept. }|. — Stem 1°- 2° high. Co- rolla half as large as in the preceding. Appendages of the calyx obtuse. 4. L. leptostachys, A. DC. Closely pubescent; stem slender, simple; leaves oblong-lanceolate, obtuse, denticulate ; flowers small, crowded in an elon- gated spike ; appendages of the calyx 10, subulate, as long as the tube. — South Carolina and northward. July and Aug. 1|. — Stem l°-l£° high. Corolla 3" -4" long. 5. L. brevifolia, Nutt. Stem thick, virgate, angled, smooth or pubescent ; leaves short (4" -12" long), fleshy, oblong-linear, obtuse, toothed, spreading or reflexed ; the lowest wedge-shaped ; calyx hirsute, the ovate-lanceolate lobes strongly toothed, the 5 appendages obtuse ; corolla pale blue. — Damp open pine barrens, Florida, Alabama, and westward. Oct. 1|. — Stem l°-l£° high. Leaves very numerous. •*- •*- Sinuses of the calyx without appendages. 6. L. amOBna, Michx. Smooth or rough -pubes cent ; leaves scattered, oblong, obtuse, denticulate, the lower ones tapering into a long petiole, the uppermost nearly sessile; racemes .1 -sided, many-flowered; calyx-lobes linear- subulate, mostly glandular ; corolla (!' long) bright blue. — Swamps, Florida to South Carolina, and westward. Sept. and Oct. 1J. — Stem 2° - 4° high. Low- est leaves 3' - 6' long. Bracts small. 7. L. glandulosa, Walt. Smooth or pubescent; stem mostly simple, nearly leafless above; leaves thick, linear or linear-lanceolate, glandular-den- ticulate, sessile, the uppermost scattered and bract-like; racemes 1 -sided, 3-9- flowered, the flowers distant ; calyx smooth or hirsute, with linear glandular lobes ; corolla (8" -10" long) pale blue. — Pine-barren swamps, Florida, North Carolina, and westward. Oct. ty— Stem 2° -4° long. Lower leaves 2' - 4' long. 8. L. inflata, L. Pubescent or hairy; stem leafy, branching from the base ; leaves oblong, obtuse, toothed, sessile ; racemes leafy below ; corolla small, GOODENIACE.E. (GOODENIA FAMILY.) 255 pale blue ; mature capsule ovoid, inflated. — Dry sterile soil in the upper districts, and northward. Aug. and Sept. Q) or (g) — Stem 1° - 1£° high. Corolla 2"- 3'' long. 9. L. spicata, Lam. Closely pubescent; stem slender, simple; lowest leaves obovate or oblong, obtuse, denticulate ; the upper ones small, lanceolate, scattered ; flowers small, in a long and dense raceme, on short pedicels ; corolla pale blue. (L. Claytoniana, Michx.) — Dry soil in the middle and upper dis- tricts, Mississippi, and northward. Aug. and Sept. (|) ? — Stem 1°- 2° high. Corolla 4" - 5" long. 10. L. Nuttallii, K. & S. Stem very slender, mostly simple, roughish; leaves small, entire ; the lowest clustered, spatulate or obovate ; the others dis- tant, linear ; flowers small, scattered in a long and slender raceme, on filiform pedicels which are longer than the bracts. (L. Kalmii, Ell.) — Low pine bar- rens, Georgia, and northward. Aug. and Sept. — Stem 1° - 1£° high. Corolla 3" -4" long, pale blue. 11. L. Boykinii, Torr. & Gray. Smooth; stem slender, creeping at the base, sparingly branched above ; leaves small (6" long), subulate, scattered, the lowest scale-like ; racemes loosely many-flowered, the filiform pedicels and slen- der calyx-lobes spreading ; corolla (3" - 5" long) bright blue. — Margins of pine- barren ponds, Florida and Georgia. July - Sept. — Stem 2° high. 12. L. paludosa, Nutt. Smooth; stem mostly simple, nearly leafless; radical leaves fleshy, spatulate-lanceolate or linear, obtuse, crenulate ; the others small, linear and remote ; racemes slender, loose ; bracts minute ; corolla small, white or pale blue. — Pine-barren swamps, Florida to Mississippi, and north- ward. May -Aug. 1J. — Stem 2° - 4° high. Lowest leaves 3' -9' long. Co- rolla £' long. ORDER 74. GOODENIACEJG. (GOODENIA FAMILY.) Herbs or shrubs, with watery juice, alternate exstipulate leaves, and irregular flowers. — Calyx tubular, 3-5-lobed or entire, more or less ad- herent to the 1-4-celled ovary. Corolla irregular, unequally 5-lobed, induplicate in the bud ; the tube split on one side, or 5-parted. Stamens 5, free from the corolla, the filaments and anthers rarely united. Style commonly single : stigma thick, surrounded with a cup-shaped mostly ciliate membrane. Fruit capsular or drupaceous. Embryo straight, in the axis of fleshy albumen. 1. SC-S1VOLA, L. Calyx 5-toothed. Corolla villous within, 5-lobed, with the lobes nearly equal and winged ; the tube split on one side. Filaments and anthers free. Drupe 1-4-celled, the cells 1-seeded. — Herbs or shrubs. Leaves alternate. Pedun- cles axillary, dichotomous. Flowers blue or white. 256 CAMPANULACEJ2. (CAMPANULA FAMILY.) 1. S. Plumieri, Vahl. Shrubby, fleshy, smooth ; leaves oblong-obovate, entire, bearded in the axils ; peduncles shorter than the leaves ; calyx tubular, truncate, obscurely 5-toothed; corolla thick, split to the base; stamens short; ovary 4-ovuled ; drupe 2-celled, 2-seeded. — Sea-shore, South Florida. ORDER 75. CAMPANULACE^E. (CAMPANULA FAMILY.) Herbs, with milky juice, alternate leaves, and regular mostly blue flowers. — Calyx 3-5-lobed, adherent to the ovary. Corolla 5-lobed, valvate in the bud. Stamens 5, free from the corolla, the broad fila- ments and anthers distinct. Style single, hairy above. Stigmas 2 or more. Capsule 2 - several-celled, many-seeded, splitting at the apex, or opening by lateral valves or holes. Embryo straight in fleshy albumen. 1. CAMPANULA, L. BELLFLOWER. Calyx 5-lobed. Corolla 5-lobed, mostly bell-shaped. Filaments dilated at the base. Stigmas 3, slender. Capsule short, 3-celled, opening by lateral valves. — Flowers spiked or panicled. * Flowers panicled, on slender spreading pedicels : corolla small (3 "-4"), bell-shaped. 1. C. aparinoides, Pursh. Stem weak, reclining, the angles, as also the margins and midrib of the linear nearly entire leaves, hispid backward ; panicle few-flowered; calyx-lobes triangular; corolla white. (C. erinoides, Muhl.} — Swamps among the mountains, Georgia, and northward. July and August. — Stem 1°- l£° high. Lowest leaves narrowly obovate. 2. C. divaricata, Michx. Smooth ; stem terete, paniculate above ; the branches somewhat naked, spreading ; leaves scattered, ovate-lanceolate, acu- minate at each end, coarsely serrate ; calyx-lobes subulate ; style slightly ex- serted ; corolla blue, nodding. — Mountains of Georgia and Carolina. July and August. — Stem 1° - 2° high. 3. C. flexuosa, Michx. Branches erect ; leaves lanceolate, the upper ones approximate ; otherwise like the preceding. — Mountains of Carolina. Mickaux. ( * ) * * Flowers spiked, single or 2 - 3 together : corolla large, somewhat wheel-shaped. 4. C. Americana, L. Stem tall, smooth or hairy, mostly simple ; leaves ovate-lanceolate, acuminate, serrate; spike elongated, leafy; corolla (!' wide) blue. (C. acuminata, Michx.) — Dry rocky soil, Florida to Mississippi, and northward. Aug. and Sept. — Stem 2° -4° high. Spike 1° - 2° long. Style exserted. 2. SPECULARIA, Heist. Calyx 3-5-lobed. Corolla wheel-shaped, 5-lobed. Stamens free; the fila- ments membranaceous, hairy, shorter than the anthers. Stigmas 3. Capsule prismatic, 3-celled, opening by 3 lateral valves. — Low annuals. Flowers axil- lary. Corolla blue. ERICACEAE. (HEATH FAMILY.) 257 1. S. perfoliata, A. DC. Pubescent; stem angled, simple or branched; leaves round-cordate, crenate, clasping ; the lowest narrowed at the base ; flowers single or clustered, sessile, the lower ones apetalous. (Campanula, L.) Fields, Florida to Mississippi, and northward. May - Aug. — Stem 1° high. ORDER 76. ERICACEAE. (HEATH FAMILY.) Shrubs or small trees, rarely herbs, with undivided alternate ex- stipulate leaves, and regular flowers. — Calyx 4 - 5-parted. Corolla 4-5-parted or toothed, or 4 - 5-petalous, imbricated in the bud. Sta- mens free from the corolla, and as many or twice as many as its divisions : anthers 2-celled, often variously awned, opening commonly by terminal pores. Style 1: stigma entire or 3-lobed. Fruit 3-10-celled. Seeds anatropous, attached to a central placenta. Embryo small, in fleshy albumen. Synopsis. SUBORDER I. VACCLNIEJE. Calyx-tube adherent to the ovary. Corolla superior. Anther-cells prolonged into a slender tube. Fruit a berry. — Shrubs. Corolla monopetalous. 1. GAYLUSSACIA. Berry 8 - 10-celled ; the cells 1-seeded. Anthers awnless. 2. VACCINIUM. Berry 4-5-celled, or partially 8 -10-celled by false partitions, many- SUBORDER II. ERICINEJE. Calyx free from the ovary. Corolla hypogynous. Fruit a capsule. — Shrubs or small trees. TRIBE I. ANDROMEDE JE. — Capsule loculicidally dehiscent. * Anther-cells opening lengthwise. Corolla monopetalous. 3. EPIGJEA. Corolla salver-shaped. Leaves cordate. * * Anther-cells opening at the apex. Corolla monopetalous. 4. GAULTHERIA. Calyx becoming berry -like in fruit. Anthers 4-awned at the apex. 5. LEUCOTHOE. Calyx imbricated in the bud. Valves of the capsule entire. 6. CASSANDRA. Calyx imbricated in the bud. Pericarp separating into two layers j the outer one 5-valved, the inner 10-valved. 7. ANDROMEDA. Calyx valvate in the early bud. Capsule globular. Seeds pendulous. 8. OXYDENDRUM. Calyx valvate in the bud. Capsule pyramidal. Seeds ascending. * * * Anthers inverted in the bud, opening by terminal pores. Corolla 5-petalous. 9. CLETHRA. Stamens 10. Style 3-cleft. Capsule 3-celled, 3-valved. TRIBE II. RHODORE JE. — Capsule septicidally dehiscent. * Corolla monopetalous. 10. KALMIA. Corolla wheel-shaped, with 10 cavities in which the anthers are lodged. 11. MENZIESIA. Corolla (small) ovoid, 4-toothed. Stamens 8, included. 12. RHODODENDRON. Corolla (large) funnel or bell-shaped, 5-lobed. Stamens 6 or 10, exserted. * * Corolla of 6 or 7 separate petals. 13. LEIOPHYLLUM. Corolla 5-petalous. Anthers opening lengthwise. 14. BEJARIA. Corolla 7-petalous. Anthers opening at the apex. 22* 258 ERICACEAE. (HEATH FAMILY.) SUBORDER HI. PYROLE^. Calyx free from the ovary. Corolla 5-petalous. — Low nearly herbaceous plants. Leaves evergreen. * Capsule 6-celled. 15. PYROLA. Flowers racemose, on scape-like stems. Style filiform, elongated. 16. CHIMAPHILA. Flowers umbellate. Style very short, top-shaped. * * Capsule 3-celled. 17- SHORTIA. Flower solitary, terminating the scape-like scaly stem. SUBORDER IV. MONOTROPE^}. Calyx of 4-5 scale-like or bract-like sepals. Corolla 5-lobed or 5-petalous. Seeds very minute. — Fleshy scaly herbs, parasitic on roots, and destitute of green foliage. 18. SCHWEINITZIA. Corolla monopetalous, bell-shaped, 5-lobed. Anthers 2-celled. 19. MONOTROPA. Corolla 4 -5-petalous. Anthers kidney-shaped, opening across the top. SUBORDER I. VACCINIE^E. THE WHORTLEBERRY FAMILY. 1. GAYLUSSACIA, Kunth. HUCKLEBERRY. Corolla tubular, ovoid, or bell-shaped, 5-cleft. Stamens 10 : anthers awnless. Fruit a berry-like drupe containing 10 seed-like nutlets. — Low branching mostly resinous-dotted shrubs, with white or reddish nodding flowers, in lateral bracted racemes. 1. G. frondosa, Torr. & Gray. Leaves entire, oblong or obovate, obtuse, rugose, glaucous, and, like the spreading branches, slightly pubescent ; corolla small (2"), short-bell-shaped, reddish ; berry depressed-globose, blue, glaucous ; bracts small, oblong. (Vaccinium frondosum, Ell.) — Low ground, Florida to Mississippi, and northward. April. — Shrub 1° - 2° high. 2. G. dumosa, Torr. & Gray. Branches and racemes pubescent ; leaves thick, oblong-obovate, serrulate, mucronate, soon smooth and shining; corolla (4" long) bell-shaped, angled, white ; bracts ovate, leafy ; berry globose, smooth, black. (Vaccinium dumosum, Ell.) — Var. HIRTELLA. Stem taller (l°-2° high) ; branches, leaves, and berries hirsute or hairy. — Low sandy pine barrens and swamps, Florida to Mississippi, and northward. April and May. — Shrub 6' - 12' high. Berry 4" - 6" in diameter. 3. G. resinosa, Torr. & Gray. Stem much branched ; leaves oblong or obovate, entire, coated, like the branchlets, &c., with resinous viscid globules ; ra- cemes few-flowered ; bracts small, deciduous ; corolla small, ovoid or cylindrical, reddish ; berry black, smooth. (Vaccinium resinosum, Ell.) — Sandy woods in the upper districts of Georgia, and northward. April and May. — Shrub 2° - 3° high. 4. G. ursina, Gray. Leaves large (2' -3' long), thin, lanceolate-oblong, acute, entire ; the veins, like the branches, rusty-tomentose ; racemes remotely few-flowered ; bracts minute ; corolla bell-shaped ; berry black. (Vaccinium ur- sinum, M. A. Curtis.) — Mountains of North Carolina. — Shrub 2° -3° high. ERICACEAE. (HEATH FAMILY.) 259 2. VACCINIUM, L. HUCKLEBERRY. BLUEBERRY. Corolla cylindrical, urceolate, or campanulate, 4 - 5-toothed or parted. Sta- mens 8-10: anthers awnless, or 2-awned on the back ; the cells prolonged into a tube, and opening at the apex. Berry 4 - 5-celled, or by false partitions 8-10- celled, many-seeded. — Shrubs. Flowers nodding, solitary, clustered, or racemed, white or reddish. Pedicels 2-bracted. § 1. OXYCOCCUS. — Ovary ^-celled: corolla 4-parted, the narrow divisions re- curved : stamens 8 : anthers aivnless : pedicels axillary, solitary. 1. V. macrocarpon, Ait. Stems slender, creeping; leaves evergreen, small (£' long), oblong, obtuse, pale or whitish beneath ; pedicels longer than the leaves ; corolla rose-color ; berry large, red. — Cold mossy swamps, North Caro- lina, and northward. July.— Stems 1° - 2° long. Berry very sour, £' in diameter. 2. V. erythrocarpon, Michx. Stem erect (2° -4° high) ; leaves decid- uous, oblong-ovate, acuminate, serrulate, hairy beneath ; pedicels shorter than the leaves ; flowers pale rose-color ; berry small, red. — High mountains of North Carolina. July. — Branches flexuous. Berry insipid. § 2. Vixis-lD^EA. — Ovary 4 - 5-celled: corolla cylindrical or globose-campanulate, 4 -5-toothed: stamens 10: anthers awnless: flowers in short bracted racemes: leaves persistent. 3. V. crassifolium, Andr. Smooth; stems (l°-2°) filiform, procum- bent; leaves small (3" -7"), short-petioled, oval or oblong, thick and shining, the revolute margins entire or slightly serrulate ; racemes short, cluster-like, few- flowered ; corolla small, globose-campanulate, 5-toothed ; berry black. (V. myr- tifolium, Michx.) — Sandy pine-barren swamps, Georgia to North Carolina. April. — Corolla white or rose-color. § 3. BATODENDRON. — Ovary more or less 10-celled by false partitions: corolla bell-shaped, 5-cleft : stamens 1 0, hairy : anthers 2-awned on the back : flowers in leafy racemes, seemingly axillary. 4. V. stamineum, L. Tomentose; leaves deciduous, ovate or oblong, obtuse or slightly cordate at the base ; often whitish beneath ; anthers exserted ; berry greenish, globose or pear-shaped. — Dry woods, Florida, and northward. May and June. — Shrub 3° -10° high. Branches spreading. Corolla short, drying purplish. 5. V. arboreum, Michx. Arborescent, smoothish ; leaves evergreen, oval or obovate, shining above ; the veins beneath more or less pubescent ; co- rolla large, angled, white ; anthers included ; berry globose, black. — Open woods, Florida to North Carolina. May. — Stem 8° - 15° high. Flowers very numer- ous. Berry mealy, ripening in the winter. § 4. CYANOCOCCUS. — Ovary more or less W-celled by fake partitions: corolla cylindrical, urceolate or obovate: stamens 10, hairy : anthers awnless: flowers in short small-bracted racemes or clusters. * Leaves evergreen, small. 6. V. nitidum, Andr. ? Smooth and shining throughout ; stem much branched ; leaves obovate or oblong-obovate, acute, glandular-serrulate, punctate 260 ERICACEAE. (HEATH FAMILY.) beneath ; calyx-teeth obtuse, and, like the pedicels and broadly oval bracts, red- dish ; corolla ovoid or obovate, white ; berry somewhat pear-shaped, black. — Low pine barrens, Georgia and Florida. March and April. — Stem 1° - 2° high. Leaves £' long. 7. V. myrsinites, Michx. Stem much branched, pubescent ; leaves lan- ceolate, oblong, or obovate, bristly-serrulate, shining above, paler beneath, glau- cous when young ; calyx-teeth acute, reddish, like the pedicels and oblong bracts ; corolla cylindrical or obovate, white, purplish in the bud ; berry globose, blue. — Sandy pine barrens, Florida to North Carolina, and westward. March and April. — Shrub 6' - 1 8' high. Leaves £' - 1 ' long. * * Leaves deciduous. 8. V. tenellum, Ait. Stem much branched; the spreading greenish branches pubescent ; leaves oblong-obovate or oblanceolate, mucronate, acute at the base, slightly serrulate near the apex, pubescent when young ; corolla oblong, white ; calyx-teeth obtuse ; bracts oblong-linear ; berry globose, black or with a blue bloom. — Varies with the branches and leaves more pubescent, almost vil- lous, and the calyx-teeth narrower and acute. (V. galezans, Michx.) — Margins of pine-barren swamps, Florida to North Carolina, and westward. April. — Shrub l°-3° high. Leaves £'-1' long, commonly thin and deciduous, but along its southern limits mostly coriaceous and persistent. 9. V. Elliottii. Stem tall, slender, with spreading branches ; leaves dis- tichous, ovate-lanceolate, very acute, bristly serrulate from the obtuse or rounded base, pubescent on the veins ; clusters sessile, 2 - 4-flowered ; corolla reddish, cylindrical, short-pedicelled ; calyx-teeth triangular ; berry mostly solitary, small, globose, black. (V. myrtilloides, Ell., not of Michx.) — River-swamps, Florida to South Carolina. March. — Shrub 4° -8° high; the branches smooth and mostly flexuous. Leaves ^' - f ' long. 10. V. corymbosum, L. Stem tall (4° -10°); leaves varying from ovate-lanceolate to broadly oval, entire or nearly so, pubescent when young, be- coming smoothish especially above (!' -2' long) ; racemes or clusters numerous, mostly on leafless branches ; corolla cylindrical or oblong ; berry globose, black or blue. — Margins of ponds and swamps, Florida, and northward. Feb. to April. — Varies greatly in the thickness, pubescence, and form of the leaves, and includes several nominal species. 11. V. Constablsei, Gray. Stem low (l°-3°); leaves oval, pale, glau- cous, glandular- mucronate, entire or obscurely serrulate, ciliate ; racemes very short, sessile ; corolla short-cylindrical ; berry blue. — On the summit of Roan Mountain, North Carolina. July. — Leaves l£'-2' long. Racemes 5-10- flowered. 12. V. hirsutum, Buckley. Hirsute throughout; stem low (1° high), much branched ; leaves ovate, entire, slightly mucronate ; racemes short; corolla oblong, contracted at the apex, the teeth short; berry globose. — Mountains of Cherokee County, North Carolina. Buckley. ERICACE.E. (HEATH FAMILY.) 261 SUBORDER II. ERICINE^. THE HEATH FAMILY. 3. EPIG-33A, L. GROUND LAUREL. Calyx deeply 5-parted, colored ; the lobes acuminate. Corolla salver-shaped, 5-cleft. Stamens 10 : anthers oblong, awnless, opening lengthwise. Capsule depressed-globose, 5-celled, many-seeded. — A prostrate shrubby plant, hispid with rust-colored hairs. Leaves evergreen, cordate-oval, entire, reticulated. Flowers in dense bracted racemes, white, fragrant. 1. E. repens, L. Dry sandy soil, Florida, and northward. Feb. and March. — Stem 6'- 12' long. Racemes shorter than the leaves. 4. GAULTHERIA, Kalm. WINTERGREEN. Calyx 5-lobed, becoming berry-like in fruit. Corolla ovate, 5-toothed. Stamens 10 : anther-cells 2-awned at the apex, opening by a terminal pore. Capsule enclosed in the berry-like calyx, depressed-globose, 5-celled, 5-valved, many-seeded. — Shrubs, with alternate leaves, and white or red flowers. 1. G. procumbens, L. Smooth; stem creeping; the short (3' -5') branches erect, naked below ; leaves oval or obovate, serrulate, shining ; pedi- cels axillary, 1-flowered, nodding ; fruiting calyx bright red. Shady woods and banks, especially among the mountains, North Carolina and northward. June. — Whole plant aromatic. 5. LEUCOTHOE, Don. Calyx deeply 5-parted, imbricated in the bud, unchanged in fruit. Corolla ovate or cylindrical, 5-toothed. Stamens 10: anthers awnless, or the cells 1 - 2-awned at the apex, opening by a terminal pore. Stigma capitate. Capsule depressed-globose, not thickened at the sutures, 5-celled, 5-valved, many-seeded. Seeds pendulous. — Shrubs, with alternate leaves, and white flowers in axillary or terminal one-sided racemes. * Anthers awnless or nearly so : racemes axillary, shorter than the evergreen leaves. 1. L. axillaris, Don. Leaves oval or oblong, abruptly acute, spinulose- serrulate toward the apex, on short petioles ; racemes short, dense-flowered ; calyx-lobes ovate, acute; anther-cells 2-horned. (Andromeda axillaris, Lam.) — Sandy swamps, and banks of streams in the lower districts, Florida to North Carolina, and westward. Feb. and March. — Stem and branches curving. Leaves 2' -4' long. 2. L. Catesbaei, Gray. Leaves ovate-lanceolate, acuminate, spinulose- serrulate throughout, on conspicuous petioles ; racemes dense-flowered ; calyx- lobes ovate-oblong ; anther-cells not horned. (Andromeda spinulosa, Pursh.) — Banks of streams along the mountains, Georgia and North Carolina. March and April. — Stem 2° - 4° high. 3. L. acuminata, Dunal. Stem tall, with straight and hollow branches ; leaves ovate-lanceolate, acuminate, nearly entire; corolla cylindrical; anthers 262 ERIC AC E^E. (HEATH FAMILY.) gibbous near the base. — Margins of swamps, East Florida to South Carolina, Elliott, and mountains of North Carolina, Curtis. April. — Shrub 3° -12° high. Leaves reticulated. * # Anther-cells 1 - 2-awned at the apex : racemes terminal, longer than the serrulate pubescent deciduous leaves : calyx bracted. 4. L. racemosa, Gray. Branches and racemes straight; leaves ovate- lanceolate, acute, soon smooth ; racemes long, single or somewhat paniculate ; corolla cylindrical -ovate ; anther-cells 2-awned ; capsule not lobed. (A. race- mosa, L.) — Margins of ponds and swamps, Florida to Mississippi, and north- ward. April and May. — Shrub 4° - 10° high. 5. L. recurva, Gray. Branches and racemes recurved; leaves ovate, acuminate, pubescent on the veins ; racemes long, single ; corolla cylindrical ; anther-cells 1-awned; capsule 5-lobed. (Andromeda recurva, BuckL) — Moun- tains of North Carolina, Buckley. April. — Shrub 3° - 4° high. 6. CASSANDRA, Don. Calyx deeply 5-parted, imbricated in the bud, 2-bracted. Corolla cylindrical- oblong, 5-toothed. Stamens 10 : anthers awnless, opening by terminal pores. Capsule depressed, 5-celled, many-seeded ; the pericarp separating at maturity into 2 layers, the outer one 5-valved, the inner 10-valved. — A small shrub, with evergreen serrulate leaves, and solitary axillary nodding flowers. 1. C. calyculata, Don. Leaves oblong, mucronate, paler and scurfy beneath, the floral ones oval ; flowers in the axils of the upper leaves, small, white; calyx-lobes ovate, acute. (Andromeda calyculata, L.} — Varies with the leaves and calyx-lobes narrower. (Andromeda angustifolia, Pursh.) — Swamps in the mountains of South Carolina, and northward. April. — Shrub 2° - 3° high. Leaves 1' long. 7. ANDROMEDA, L. Calyx deeply 5-parted, valvate in the early bud. Corolla 5-toothed. Stamens 10 : anther-cells opening by a terminal pore. Capsule 5-celled, 5-valved, many- seeded. Seeds pendulous or spreading. — Shrubs. Leaves alternate. Flowers in lateral and terminal racemes or clusters, nodding. * Flowers in racemes: corolla ovoid or urn-shaped: anther-cells 1-awned on the back : leaves coriaceous, evergreen. 1. A. floribunda, Pursh. Young branches, leaves, and racemes hirsute; leaves ovate-lanceolate, acute, bristly-serrulate ; racemes dense-flowered, crowded in a terminal panicle ; calyx-lobes ovate, acute. — Damp soil along the moun- tains. April. — Shrub 3° - 10° high. Flowers very numerous. 2. A. phillyresefolia, Hook. Smooth ; stem alternately leafy and bracted ; leaves oblong or lanceolate-oblong, obtuse, glandular-serrate near the apex ; racemes solitary, axillary, loosely 4- 12-flowered; calyx-lobes lanceolate; corolla ovoid ; capsule depressed-globose. — Shallow ponds in the pine barrens, chiefly near the coast, West Florida. January - March. — Shrub 1° - 2° high. ERICACEAE. (HEATH FAMILY.) 263 * * Flowers in umbel-like clusters : capsule more or less ribbed at the sutures, the ribs separating at maturity. *- Corolla ovate, cylindrical, or somewhat bell-shaped: anthers or filaments owned: capsule ovate, truncate : shrubs smooth throughout. 3. A. nitida, Bartr. Branches 3-angled ; leaves evergreen, ovate or ob- long, entire, shining ; clusters axillary, very numerous, 6- 12-flowered; sepals lanceolate-ovate, spreading ; corolla cylindrical-ovate, gibbous at the base ; fila- ments 2-awned at the apex. — Low pine barrens, common. March -May. — Shrub 2° - 6° high. Corolla white, red, or purple, odorous. 4. A. Mariana, L. Leaves deciduous, oblong, obtuse or acute, entire; flowering stems commonly leafless ; calyx-lobes lanceolate, acute, half as long as the large (^' long) cylindrical white corolla ; filaments 2-awned near the apex. — Damp soil near the coast, Florida, and northward. April and May. — Stem 2° -4° high, often simple. Leaves 2' -3' long*. 5. A. speciosa, Michx. Leaves deciduous, oblong or elliptical, obtuse, serrate, often whitish beneath ; flowering stems mostly leafless ; calyx-lobes ovate, several times shorter than the large bell-shaped white corolla; anther- cells 2-awned at the apex. — Low pine barrens, Florida to North Carolina. — Shrub 3° -4° high. •*- -i- Corolla small, nearly globular, scurfy : anthers and filaments awnless : cap- sule globose : shrubs pubescent, or scurfy. 6. A. ferruginea, Walt. Branches and young leaves scurfy; leaves evergreen, obovate or lanceolate-obovate, rigid, at length smooth above and whitish beneath ; the margins mostly revolute ; clusters few-flowered. (A. ri- gida, Pursh.) — Low sandy pine barrens, Florida to South Carolina, and west- ward.— A low shrub or small tree. Branches very leafy, rigid. Leaves £'- V long. 7. A. ligUStrina, Muhl. Leaves deciduous, oblong or oblong-obovate, serrulate, acute, pubescent like the branches, paler beneath ; clusters few-flow- ered, disposed in compound more or less leafy panicled racemes; filaments hairy, awnless. (A. frondosa, Pursh., with racemes more leafy and the fila- ments slightly awned at the apex.) — Margins of swamps, Florida to Missis- sippi, and northward. May. — Shrub 3° -4° high. Leaves 2' long. Flowers very small. 8. OXYDENDBUM, DC. SOUR-WOOD. SORREL-TREE. Calyx 5-parted. Corolla ovate, 5-toothed. Stamens 10: anthers awnless, opening by terminal chinks ; the cells acuminate. Capsule conical, 5-angled, 5-celled, many-seeded. Seeds ascending. — A small tree, with deciduous oblong serrulate acuminate leaves, on slender petioles, and white flowers in long and slender 1 -sided terminal panicled racemes. 1. O. arboreum, DC. (Andromeda arborea, L.) — Rich woods, Florida to Mississippi, and northward. April and May. — Tree 15° -40° high. Leaves 4' - 6' long, sour. Corolla pubescent. 264 ERICACEAE. (HEATH FAMILY.) 9. CLETHHA, L. Calyx 5-parted, imbricated in the bud. Corolla 5-petalous. Stamens 10: anthers obcordate, inverted in the bud, opening by terminal pores. Style slen- der, 3-cleft. Capsule 3-celled, 3-valved, many-seeded. — Shrubs or small trees. Leaves alternate, oblong or obovate, serrate, deciduous. Flowers white, in ter- minal racemes. Stamens and style exserted. 1. C. alnifolia, L. Shrubby; branches and racemes tomentose; leaves short-petioled, obovate or wedge-oblong, acute, smooth on both sides ; racemes simple or panicled ; style and filaments smooth ; bracts partly persistent. (C. paniculata, Pursh.) — Varies, with the leaves hoary beneath, rough above (C. tomentosa, Lam.), or on both sides (C. scabra, Pers.) ; style hairy; bracts caducous. — Swamps, Florida to Mississippi, and northward. July. — Shrub 4° - 8° high. Leaves 2' - 3' long. Flowers fragrant. 2. C. acuminata, Michx. Arborescent ; branches and racemes white- tomentose ; leaves thin, smooth, ovate or ovate-lanceolate, acuminate, on slender petioles ; racemes solitary ; style smooth ; filaments hairy. — Mountains of North Carolina. July and Aug. — Leaves 3' - 4' long. Bracts caducous. 10. KALMIA, L. LAUREL. Calyx 5-parted. Corolla depressed-campanulate or rotate, 5-lobed, with 10 cavities at the sides in which the anthers are lodged. Filaments elastic. Style single. Stigma capitate. Capsule globose, 5-celled, 5-valved, many-seeded. — Shrubs, with entire alternate opposite or whorled evergreen leaves, and showy white or rose-colored flowers. * Flowers in corymbs. 1. K. latifolia, L. (CALICO-BUSH.) Branches smooth; leaves mostly alternate, petioled, elliptical, acute at each end, green on both sides ; corymbs terminal, viscid ; corolla large, varying from white to deep rose-color. — Shady banks, Florida, and northward. May and June. — Shrub 4° - 10° high. Leaves shining. 2. K. angustifolia, L. (SHEEP LAUREL.) Branches smooth; leaves petioled, opposite or three in a whorl, narrowly oblong, obtuse, pale or glaucous beneath ; corymbs lateral, glandular ; flowers small, deep rose-color. — Barren hills, chiefly in the upper districts. April and May. — Shrub 2° -3° high. Leaves and flowers smaller than those of the preceding. 3. K. cuneata, Michx. Branches pubescent ; leaves sessile, alternate, wedge-oblong, pubescent beneath, bristle-pointed ; corymbs lateral ; flowers white. — Swamps, South and North Carolina, not common. — A small shrub. * # flowers solitary, axillary. 4. K. hirsuta, Walt (WICKT.) Hirsute ; stems low, very leafy ; leaves small (^' long), oblong or oval, mostly obtuse and alternate, the margins revo- lute; calyx-lobes leafy; flowers numerous, approximate, pale or deep rose-color; pedicels slender, longer than the leaves. — Flat pine barrens, Florida and Geor- gia. June to Sept. — Shrub 6' - 18' high. ERICACEAE. (HEATH FAMILY.) 2G5 11. MENZIESIA, Smith. Calyx 4-toothed. Corolla ovoid, 4-toothed. Stamens 8, included: anthers awnless, opening by terminal pores. Stigma obtuse. Capsule woody, 4-celled, 4-valved, opening septicidally, many-seeded. — Shrubs, with entire alternate membranaceous leaves, and nodding greenish-white flowers in terminal clusters, appearing with the leaves. 1. M. globularis, Salisb. — Mountains of North Carolina. July.— A straggling shrub, 3° - 6° high. Leaves deciduous, oblong, acute, hairy, glaucous beneath, glandular-pointed. 12. RHODODENDRON, L. ROSE-BAT. HONEYSUCKLE. Calyx mostly minute, 5-toothed. Corolla bell-shaped or funnel-shaped, usu- ally somewhat irregular, 5-lobed. Stamens 5 or 10, mostly declined : anthers opening by terminal pores. Style single, elongated : stigma capitate. Capsule 5-celled, 5-valved, many-seeded. Seeds minute, scale-like. — Shrubs or small trees. Leaves alternate, entire. Flowers showy, in terminal clusters from large scaly buds. § 1. AZALEA. — Corolla funnel-shaped, mostly glandular-viscid externally : stamens 5 : the long filaments and style exserted: leaves deciduous. * Flowers appearing with or before the leaves. 1- R. nudiflorum, Torr. Branchlets hairy; leaves obovate or oblong, pubescent, soon smoothish above ; calyx-lobes minute ; tube of the corolla finely pubescent, rather longer than the lobes ; corolla white, varying to deep rose-color, or sometimes yellow. — Swamps and banks of streams, Florida to Mississippi, and northward. April and May. — Shrub 4° - 6° high. There are many va- rieties. 2. R. calendulaceum, Torr. Branchlets hairy ; leaves oblong or obo- vate, hairy ; calyx-lobes conspicuous ; tube of the corolla hairy, shorter than the lobes. — "Woods on the mountains of Georgia, and northward. May. — Shrub 3° - 10° high. Flowers flame-color, very showy. * * Flowers appearing after the leaves. 3. R. viSGOSUm, Torr. Branchlets bristly; leaves coriaceous, obovate, with the margins and veins beneath hirsute, green on both sides or glaucous beneath ; corolla glandular-viscid, white ; calyx-teeth minute, rounded. — Swamps, Florida to Mississippi, and northward. July and Aug. — Shrub 4° - 6° high. Capsule hispid. 4. R. arborescens, Torr. Branchlets smooth ; leaves smooth, obovate, ciliateon the margins, pale beneath; corolla glandular- viscid, rose-color; calyx- lobes conspicuous, acute. — Mountains of Georgia, and northward. June. — Shrub 3° - 10° high. Flowers fragrant. x §2. RHODODENDRON'. — Corolla bell-shaped, smooth: stamens 10: leaves coria- ceous, evergreen. 5. R. maximum, L. Leaves obovate-oblong, abruptly acute, smooth and green on both sides ; calyx-lobes conspicuous, rounded ; corolla white or rose- 23 266 ERICACEAE. (HEATH FAMILY.) color, spotted within with yellow or green. — Shady banks of streams on the mountains of Georgia, and northward. July. — Stem 6° - 20° high. Leaves 4'- 10' long. Corolla 1' in diameter. 6. R. Catawbiense* Michx. Leaves elliptic-oblong, obtuse at each end, mucronate, smooth ; the young ones and branchlets tomentose ; oalyx-lobes small ; corolla purple ; pedicels and capsule rusty-pubescent. — Highest sum- mits of the mountains of North Carolina. June. — Shrub 3° - 6° high. Leaves 3' -5' long. 7. R,. punctatum, Andr. Leaves elliptical, acute at each end, glabrous ; the lower surface and dense corymbs thickly dotted with resinous globules; calyx-lobes small, rounded ; corolla somewhat funnel-shaped, rose-color, spot- ted within, longer than the pedicels ; capsule elongated. — Varies with smaller (!'- l£') oval or obovate obtuse leaves, minute calyx-lobes, and shorter capsule (4" -5" long). — Mountains of Georgia and ftbrth Carolina; the variety in the sandy pine barrens of West Florida. May and June. — Shrub 4° - 6° high. Leaves 2' -3' long. 13. LEIOPHYLLUM, Pers. Calyx 5-parted. Corolla of 5 spreading petals. Stamens 10, exserted : anthers opening lengthwise. Style filiform. Capsule 3-celled, 3-valved, many- seeded. — A low, smooth, much branched shrub, with very numerous thick, oval, entire evergreen leaves, and small white flowers in terminal clusters. 1. L. buxifolium, Ell. — Sandy pine barrens, and on the mountains of Carolina. May. — Shrub 6' - 10' high. Leaves £' long, alternate or opposite, glossy. 14. BEJARIA, Mutis. Calyx 7-lobed or 7-toothed. Corolla of 7 oblong spreading petals. Stamens 14 : anthers versatile, opening by terminal pores. Style elongated : stigma de- pressed. Capsule depressed-globose, 7-celled, 7-valved, many-seeded. — Shrubs, with alternate entire coriaceous leaves, and white or purple flowers in racemes or corymbs. 1. B. racemosa, Vent. Branches rough with scattered rigid hairs; leaves ovate-lanceolate, smooth ; racemes terminal, elongated ; calyx 7-toothed. — Dry sandy soil, Georgia and East Florida. June and July. — Shrub 3° - 4° high. Flowers white, showy. SUBORDER III. PYROLJEL3E. THE PYROLA FAMILY. 15. PYKOLA, L. Calyx 5-parted. Petals 5, concave, deciduous. Stamens 10 : anthers some- what 4-celled, opening by terminal pores, inverted in the bud. Style long, mostly declined : stigma 5-lobed or 5-rayed. Capsule globose, 5-celled, 5-valved, opening through the cells from the base upward ; the sutures pubescent. Seeds ERICACEAE. (HEATH FAMILY.) 267 very minute, numerous. — Smooth perennial herbs, with creeping roots, and evergreen radical leaves. Flowers commonly white, nodding, in a simple raceme at the summit of the nearly naked scape. 1. P. rotundifolia, L. Leaves orbicular, thick, nearly entire, shorter than the petioles ; racemes many-flowered ; stigma 5-crenate. — Dry woods in the mountains, Georgia, and northward. June and July. — Scape 1° high. 16. CHIMAPHILA, Pursh. PBINCE'S PINE. Calyx 5-cleft. Petals 5, spreading, deciduous. Stamens 10, the filaments dilated in the middle : anthers somewhat 4-celled, opening by terminal pores, inverted in the bud. Stigma broad, 5-crenate, nearly sessile. Capsule globose, opening from the apex downward ; the sutures naked. — Low creeping ever- greens, with erect branches, lanceolate serrate whorled leaves, and whitish umbellate nodding flowers on long peduncles. 1. C. umbellata, Nutt. Leaves wedge-lanceolate, narrowed at the base, serrate above the middle, not spotted ; umbels 4 - 7-flowered ; filaments smooth. — Open woods, North Carolina, and northward. June. — Branches 6' - 10' high. Leaves glossy. 2. C. maculata, Pursh. Leaves lanceolate, broad at the base, toothed- serrate throughout, blotched with white ; umbels 2 - 5-flowered ; filaments vil- lous below. — Dry open woods in the middle and upper districts, Mississippi, and northward. June. — Smaller than the preceding. 17. SHORTIA, Gray. Calyx 5-sepalous, scale-like, imbricated in the bud. Capsule shorter than the calyx, nearly globose, 3-celled, loculicidally 3-valved. Placenta large, central. Seeds small, numerous. Embryo terete, straight, shorter than the albumen. Style filiform, somewhat persistent. Corolla and stamens unknown. — A smooth perennial nearly stemless herb. Leaves roundish, subcordate, crenate- serrate, long-petioled. Scape scaly-bracted towards the summit, 1-flowered. 1. S. galacifolia, Gray. — High mountains of Carolina, Michaux. SUBORDER IV. MONOTROPEJE. THE INDIAN-PIPE FAMILY. 18. SCHWEINITZIA, Ell. Calyx of 5 sepals, persistent. Corolla persistent, bell-shaped, 5-lobed. Sta- mens 10 : anthers shorter than the filaments, fixed near the apex, awnless ; the cells opening at the apex. Style short and thick : stigma large, 5-angled. Capsule ovoid, 5-celled. Seeds very numerous. — Stem low (3' -4'), smooth, brownish, scaly. Spike several-flowered. Flowers flesh-colored, odorous. 1. S. odorata, Ell. — Shady woods, North Carolina, and northward, rare. April. — Parasitic on the roots of herbs. Flowers nodding. •268 GALACINEJE. (GALAX FAMILY.) ; 19. MONOTBOPA, L. INDIAN-PIPE. Calyx of 2 - 5 deciduous sepals. Corolla 4 - 5-petalous, gibbous at the base, deciduous. Stamens 8 - 10 : anthers reniform, opening across the apex. Stigma broad, 4 - 5-rayed. Capsule ovoid, 8 - 10-furrowed, 4 - 5-celled. Seeds very nu- merous, minute. — Stems low, fleshy, white or reddish, scaly. Flowers solitary or racemose, nodding. Capsules erect. Herbs parasitic on roots, or decayed vegetable matter. § 1. MONOTROPA, Nutt. — Stem l-flowered: sepals 2 -4 : petals 5 : anthers open- ing by 2 chinks : style short and thick. 1. M. uniflora, L. — Shady woods, Florida to Mississippi, and northward. Aug. and Sept. — Stem smooth, 4' -10' high, white, turning black in drying. Flower showy. § 2. HYPOPITYS, Dill. — Stem several-flowered; the upper flower commonly with 5 petals and 10 stamens; the others with 4 petals and 8 stamens: sepals as many as the petals : anthers opening by 2 unequal valves ; the smaller one erect : style longer than the ovary. 2. M. Hypopitys, L. (M. lanuginosa, Michx.} — Shady woods, Florida to Mississippi, and northward. Aug. — Stems 4' - 8' high, pubescent, reddish. ORDER 77. GALACINE^E. (GALAX FAMILY.) Calyx small, 5-sepalous, persistent. Petals 5, hypogynous, obovate- spatulate, deciduous. Stamens hypogynous; the filaments united into a 10-toothed tube ; those opposite the petals sterile, the 5 alternate ones shorter and bearing a roundish 1 -celled anther, which opens across the top. Style short : stigma 3-lobed. Capsule ovoid, 3-celled, loculicidally 3-valved. Seeds numerous, fixed to the central placenta. Embryo straight, in fleshy albumen. — A smooth perennial stemless herb, erect from a creeping scaly rhizoma. Leaves all radical, evergreen, round- cordate, crenate, petioled. Scape (l°-2°high) simple, bearing a long spiked raceme of small white flowers. • 1. GALAX, L. Characters of the order. 1. G. aphylla, L. — Open woods on the mountains of North Carolina. June and July. — Rhizoma deep red. ORDER 78. AQUIFOLIACE^. (HOLLY FAMILY.) Trees or shrubs, with alternate simple leaves, and small white or green- ish flowers. — Calyx 4 - 9-toothed. Corolla hypogynous, rotate, 4-9- AQUIFOLIACE^. (HOLLY FAMILY.) 2G9 parted, imbricated in the bud. Stamens 4-9, alternate with the lobes of the corolla, and inserted on its base : anthers opening lengthwise. Ovary free from the calyx, 4 - 9-celled. Stigma lobed, nearly sessile. Drupe berry-like, composed of 4 - 9 one-seeded nutlets. Seeds anatropous, sus- pended. Embryo minute, in fleshy albumen. 1. ILEX, L. HOLLY. Flowers perfect or dioeciously polygamous, of 4 -9 parts. Drupe containing 4-9 nutlets. — Leaves evergreen or deciduous. Fertile flowers commonly soli- tary on the young branches, the sterile ones mostly in sessile or peduncled clus- ters or cymes. § 1. AQUIFOLIUM. — Parts of the flower 4 : drupe red: nutlets ribbed or veiny on the back : leaves evergreen. 1. I. opaca, Ait. (HOLLY.) Smooth; leaves oval, concave, wavy and spiny on the margins ; sterile flowers cymose, on slender peduncles ; calyx -lobes acute. — Sandy soil, Florida to Mississippi, and northward. April and May. — A small tree. 2. I. Dahoon, Walt. Young branches, lower surface of the leaves, and clusters more or less pubescent ; leaves varying from obovate to oblong-linear, acute or obtuse, mttcronate, entire, or sharply serrate above the middle, on short petioles ; sterile peduncles many-flowered, the fertile ones shorter, and mostly 1 -flowered ; calyx-teeth acute ; nutlets 3-ribbed on the back. (I. laurifolia, Nutt. I. ligustrina, Ell.} — Var. MYRTIFOLIA. Leaves small (£'-!'), linear-oblong, entire, or, on the young branches, sharply 2-4-toothed toward the apex. (I. myrtifolia, Walt.} ^— Margins of swamps and pine-barren ponds, South Florida to North Carolina, and westward. April and May. — A handsome shrub or small tree. Leaves 2' -3' long. 3. I. Cassine, L. (YAUPON.) — Leaves small (£'-!' long), oval or ob- long, obtuse, crenate ; clusters very numerous, nearly sessile ; calyx-lobes minute, obtuse. — Light sandy soil along the coast, Florida to North Carolina. April. — Shrub 8° -12° high, slender, the short spreading branches often spine-like. Fruit clustered, abundant. § 2. PRINOIDES. — Parts of the flower 4 - 6 : drupe red or purple : nutlets 4-6, ribbed on the back : shrubs : leaves deciduous. 4. I. decidua, Walt. Leaves lanceolate or oblong, obtusely serrate, pu- bescent on the veins beneath, tapering into a short petiole ; flowers on short pedicels, in sessile clusters; calyx-teeth smooth, acute. (I. prinoidcs, Ait.) — Varies with the leaves smooth on both sides, and the flowers on longer pedicels. — River-swamps, Florida to Mississippi, and northward. April and May. — A large shrub. Leaves thin, 1 ' - 2' long. Drupe red. 5. I. ambigua. Branches slender; leaves oval or oblong, acute or some- what acuminate, finely and sharply serrate, smooth on both sides, or rarely, like the branchlets, softly pubescent ; pedicels of the sterile flowers clustered, longer than the petioles ; those of the fertile ones very short, solitary ; calyx-teeth ob- 23* ^270 STYRACACE^E. (STORAX FAMILY.) tuse, ciliate. (I. monticola, Gray ?) — Sandy margins of swamps, Florida, and northward. April. — A shrub or small tree. Leaves 1' -4' long. 6. I. Amelanchier, M. A. Curtis. Leaves oblong, barely acute at each end, serrulate, pubescent and finely reticulate beneath ; fruiting pedicels solitary, as long as the petioles ; drupe large, red ; nutlets strongly 3-ribbed on the back ; calyx-teeth acute. — Swamps, Society Hill, South Carolina, Curtis. — Leaves about 2' long, 1' wide. Drupe 3" - 4" in diameter. § 3. PRINOS. — Parts of the flower mostly 6 - 9 : nutlets smooth and even on the back. * Leaves deciduous : drupe red. 7. I. verticillata, Gray. Leaves (thick) oval, obovate, or wedge-lanceo- late, acuminate, rather coarsely serrate, paler and pubescent beneath ; flowers all clustered, 6-parted, on short pedicels ; fruit abundant. (Prinos verticillatus, L.) — Low ground, West Florida, and northward. April. — A large shrub. Leaves about 2' long. Pedicels shorter than the petioles v 8. I. lanceolata. Leaves lanceolate, finely and remotely serrate, acute at each end, smooth on both sides, membranaceous ; fertile flowers scattered gener- ally in pairs, 6-parted ; sterile ones clustered, triandrous ; drupes small. (Prinos lanceolatus, Pursh.) —Lower districts of Georgia and South Carolina, Pursh. June. (*) * * Leaves smooth, evergreen : drupe black. 9. I. glaber, Gray. Leaves wedge-oblong or obovate, crenately 2-4- toothed near the apex ; sterile peduncles many-flowered ; the fertile, 1 -flowered ; flowers all 6-9-parted. (Prinos glaber, L.} — Low pine barrens, Florida to Mississippi, and northward. May. — Shrub 2° - 4° high. 10. I. COriacea. Leaves oval or oblong-obovate, entire or with sharp scat- tered teeth, viscid when young; peduncles 1 -flowered, the sterile ones mostly clustered, the fertile solitary; flowers 6-9-parted. (Prinos coriaceus, Ell.) — Wet thickets, Florida, Georgia, and westward. May. — Shrub 4° - 8° high. ORDER 79. STYRACACEJE. (STORAX FAMILY.) Trees or shrubs. Leaves alternate, without stipules. Flowers perfect. — Calyx 4 - 8-toothed, or entire, free, or adherent to the 2 - 5-celled ovary. Corolla hypogynous, or inserted on the calyx, 4 - 8-lobed or 4 - 8- petelous. Stamens inserted on the base of the corolla, twice as many as its divisions, or more numerous, separate, or monadelphous or polyadel- phous at the base. Style single. Fruit capsular or drupaceous, 1-5- celled. Seeds anatropous, mostly solitary in each cell. Embryo nearly as long as the albumen. Cotyledons flat. Radicle slender. TRIBE I. ST YR ACE^E. Calyx 4 - 8-toothed, or entire : stamens 2-4 times as many as the divisions of the corolla : ovules partly erect or spreading, and partly pendulous : pu- bescence stellate. 1. STY RAX Fruit capsular, 1-celled. Ovary free from the calyx, or partly adherent. 2. HALESIA. Fruit drupaceous, 2-4-winged, 2-4-celled. Ovary wholly united with the calyx. f STYRACACE^E. (STORAX FAMILY.) 271 TRIBE II. SY3IPIiOCINEJE. Calyx 6-cleft : stamens indefinite: ovules pendulous: pubescence simple. 3. SYMPLOCOS. Flowers in sessile clusters. Fruit baccate. 1. STYRAX, Tourn. STORAX. Calyx 5 - 8-toothcd, free, or partly adherent to the 3-celled ovary. Corolla deeply 5-parted, with spreading or reflexed lobes, hypogynous or perigynous. Stamens 10, free or adnate to the tube of the corolla. Style filiform. Ovary completely or partly 3-celled. Capsule globose, 3-valved, 1-seeded. — Shrubs, with a downy or scurfy stellate pubescence. Leaves entire or toothed. Flowers white, in leafy racemes. 1. S. pulverulentum, Michx. Leaves small (!'-!£' long), elliptical or obovate, entire or toothed, the lower surface and branches scurfy ; racemes lateral, 3 - 7-flowered, often by pairs, hoary ; calyx-teeth subulate. — Pine- barren swamps, Florida and Georgia. April and May. — Shrub 2° - 1 2° high. Racemes l'-2' long. Flowers fragrant. 2. S. grandifolium, Ait. Leaves large (2' -4' long), oval or obovate, acute, mostly entire ; the lower surface, like the branches and many-flowered racemes, hoary ; calyx furrowed, with triangular acute teeth. — Rich woods, Florida to North Carolina, and westward. April and May. — Shrub 4° -6° high. Racemes 3' - 5' long. ^3. S. Americanum, Lam. Leaves thin, obovate, or oblong-obovate, acute, smooth ; racemes scurfy, not hoary, 4 - 6-flowered, terminal ; calyx -teeth short, subulate. (S. glabrum and S. lasve, Ell.) — Banks of streams, in the middle and upper districts, Mississippi to North Carolina. May. — Shrub 4° - 8° high. Leaves 1 ' - 2' long. Racemes 1 ' long. 2. HALESIA, Ellis. SNOWDROP-TREE. Calyx obconical, slightly 4 - 8-toothed, adnate to the 3 - 4-celled ovary. Corolla inserted on the calyx, 4-lobed or 4-petalous. Stamens 8-16, separate or united below, free from the corolla : anthers linear. Ovules 4 in each cell, 2 of them erect, and 2 pendulous. Drupe dry, 2 - 4-winged, 1 - 3-seeded. Seeds cylindrical. — Shrubs or small trees. Leaves ample. Flowers in short lateral racemes, appearing with the leaves, white, drooping. * Ovary 3-celled : corolla 4-petalous : stamens mostly 8, distinct : drupe 2-winged. 1. H. diptera, L. Leaves oval, coarsely serrate, pubescent, 4' -5' long; racemes 2 - 4-flowered, the flowers on long pedicels; corolla 1' long; anthers spreading; drupe compressed, 1' long. — Rich woods, Florida and Georgia. March and April. * * Ovary 4-celled: corolla 4-lobed: stamens mostly 12, united below the middle: drupe 4-winged. 2. EC. tetraptera, L. Leaves oblong, finely serrate, at length smoothish, 2' -4' long; flowers 2-4 in a cluster, 8" -10" long; anthers erect. — River- banks, Florida to North Carolina, and westward. March and April. 272 CYRILLACE^E. (CYRILLA FAMILY.) £ 3. H. parviflora, Michx. Leaves ovate-oblong, acute, pubescent on both sides, glaucous beneath, slightly toothed, when young entire ; racemes somewhat compound, 4 - 5-flowered, leafy ; pedicels longer than the flowers ; calyx tomen- tose ; the teeth ovate, acute ; corolla small, tomentose, 4-parted ; stamens 8 ; drupe slightly and unequally winged. — In Florida, Michaux. — Leaves 2' long. Corolla 10" long. ( * ) 3. SYMPLOCOS, Jacq. Calyx 5-cleft, more or less adherent to the 2 -5-celled ovary. Corolla 5-10- petalous. Stamens 15 or more, monadelphous or polyadelphous, inserted at the base of the corolla: anthers roundish. Ovules 2-4 in each cell, suspended, anatropous. Style slender: stigma entire or 3-5-parted. Berry 1 -5-seeded. — Trees or shrubs. Leaves alternate, serrate. Flowers axillary, in racemes or clusters. 1. S. tinctoria, L'Her. Leaves smooth, coriaceous, oblong, partly per- sistent ; clusters sessile, 6 - 12-flowered ; calyx smooth, top-shaped, the lobes obtuse; corolla yellow; stamens in 5 sets ; stigma entire, berry 1 -seeded. — Low woods and banks of streams, Florida to North Carolina, and westward. March. — A small tree. Leaves 3' - 4' long, sweetish. Flowers very numerous. ORDER 80. CYRILLACE^. (CYRILLA FAMILY.) Trees or shrubs, with alternate evergreen leaves, without stipules, and perfect white flowers in lateral or terminal racemes. — ^Calyx of 4 - 5 sepals. Petals 5-8, hypogynous, imbricated in the bud. Stamens 5-10, inserted with the petals : anthers introrse, opening lengthwise. Ovary 2 - 4-celled, with a single suspended ovule in each cell. Stigma entire or 2 - 4-lobed. Fruit 2-4-seeded. Embryo straight in the axis of fleshy albumen. Radicle superior. 1. CYRILLA, Garden. Calyx small, 5-sepalous, persistent. Corolla 5-petalous, spreading, decidu- ous. Stamens 5, opposite the sepals, subulate, spreading : anthers oval. Style persistent : stigma 2-lobed. Drupe ovate, 2-celled, 2-seeded ; the pericarp spongy. — A smooth shrub or small tree. Leaves entire. Racemes clustered at the base of the branches of the season, rigid, spreading. Flowers small, on short 2-bracted pedicels. 1. C. racemiflora, Walt. Leaves oblong or obovate-oblong (2' -4' long), on short petioles ; racemes straight, many-flowered ; drupe dry, ovate, tipped with the conspicuous slender style, mostly 1-seeded. — Varies with smaller (!'-!£') oblanceolate and more rigid leaves, and the nearly globose drape tipped with the short and thick style. — Shady banks, and (the variety) in pine-barren ponds, Florida to North Carolina, and westward. July. — Racemes 3'- 6' long. EBENACE^E. (EBONY FAMILY.) 273 2. CLIPTONIA, Banks. TITI. Calyx minute, composed of 5-8 scale-like persistent sepals. Petals 5-8, obovate, concave, short-clawed, spreading. Stamens mostly 10, in 2 rows ; the filaments erect, thick, contracted above the middle ; those opposite the petals longer : anthers round. Stigma sessile, 3 - 4-lobed. Drupe dry, 3 - 4-winged, 3 - 4-celled, with a single linear seed in each cell. — A shrub or small tree. Leaves oblong, smooth, and somewhat glaucous. Racemes terminal, many- flowered, with leafy deciduous bracts. Drupes nodding. 1. C. ligustrina, Banks. (Mylocarium, Willd.} — Pine-barren ponds and swamps, Florida, and the lower districts of Georgia, westward. March and April. — Leaves 2' long. Racemes 2' -4' long. Flowers white, fragrant. 3. ELLIOTTIA, Muhl. Calyx minute, 4-sepalous. Petals 4, oblong-linear, slightly adhering at the base. Stamens 8, included: anthers sagittate, thickened at the apex. Style slender, slightly exserted : stigma capitate. Ovary 4-celled, the cells many- ovuled. Fruit unknown. — A smooth shrub, 4° - 10° high. Leaves elliptical- lanceolate, acuminate at each end, glaucous beneath. Racemes terminal, bract- less, simple or compound. 1. E. racemosa, Muhl. — Near Waynesboro', Georgia, Elliott. — June. ORDER 81. EBENACEJE. (EBONY FAMILY.) Trees or shrubs, with watery juice. JLeaves alternate, entire, without stipules. Flowers polygamous ; the sterile cymose ; the fertile ones larger, solitary. — Calyx free from the 3 - 12-celled ovary, persistent, 3 - 7-lobed. Corolla 3 - 7-lobed, imbricated in the bud, deciduous. Stamens mostly 16, inserted on the base of the corolla, often united by pairs ; the filaments short and hairy : anthers introrse. Ovules 1 - 2 in each cell, anatropous, suspended. Styles distinct, or united below. Fruit baccate, roundish, few-seeded ; the seeds large, compressed. Embryo in the axis of hard albumen. Radicle superior. 1. DIOSPYROS, L. PERSIMMON. Calyx 4 - 6-lobed. Corolla bell-shaped, 4 - 6-cleft. Stamens in the sterile flower mostly 16 ; in the fertile 8, with the anthers sterile. Styles 2 or 4, united below. Ovules solitary in the cells. Berry 4 - 8-seeded. 1. D. Virginiana, L. Leaves ovate-oblong, mostly smooth, petioled; calyx 4-parted ; corolla 4-cleft ; styles 4, each 2-lobed ; ovary 8-celled. — Woods and old fields, Florida to Mississippi, and northward. May and June. — A small tree. Flowers greenish. Berry eatable when fully ripe. 274 SAPOTACE^E. (SAPODILLA FAMILY.) ORDER 82. SAPOTACE-flE. (SAPODILLA FAMILY.) Trees or shrubs, with milky juice, alternate entire exstipulate short- petioled leaves, and regular perfect (small) flowers, commonly in sessile axillary clusters. — Calyx free from the 3-12-celled ovary, 4 - 8-parted, persistent. Corolla hypogynous, 4-8-cleft, mostly with one or two ap- pendages between each lobe. Fertile stamens as many as the lobes of the corolla and opposite them, alternating with as many scale-like or petal- like sterile ones, inserted on the tube of the corolla : anthers extrorse. Ovules anatropous, single, suspended from the central angle of each cell, or ascending from its base. Fruit a drupe or berry. Seeds few. Albu- men fleshy or oily, or none. Embryo straight. Synopsis. i * Calyx 5-parted. •»- Corolla with a single appendage between the lobes. 1. SIDEROXYLON. Sterile stamens none. Fruit a drupe. Albumen copious. •t- t- Corolla with two appendages between the lobes. 2. DIPHOLIS. Seed wtyh copious albumen. Sterile stamens fimbriate. Ovary smooth. 3. BUMELIA. Seed without albumen. Sterile stamens entire. Ovary hairy. * * Calyx 6 -8-parted. 4. MIMUSOPS. Appendages of the corolla two between the lobes. Stamens 6 -8. 1. SIDEROXYLON, L. Calyx 4-parted. Corolla 5-cleft, with a single appendage between the lobes. Stamens 5, the sterile ones none. Ovary hairy, 5-celled. Drupe mostly 1-celled, 1-seeded. Albumen copious. — Tropical trees. Flowers clustered. 1. S. pallidum, Spreng. Smooth; leaves membranaceous, elliptical, ob- tuse, wavy on the margins, on slender petioles ; clusters few-flowered ; drupes purplish, ovoid. — South Florida. — Leaves 5'- 6' long. Drupe 9" long. 2. DIPHOLIS, A. DC. Calyx 5-parted. Corolla 5-cleft, with two toothed appendages between the lobes. Stamens 5, each alternating with an ovate-lanceolate fimbriate sterile one. Ovary smooth. Berry juiceless, 1-seeded. Albumen copious, fleshy. — A small *tree, with silky branches. Leaves smooth, oblong-lanceolate, obtuse, narrowed into a short petiole. Flowers clustered, on short pedicels. 1. D. salicifolia, A. DC. — South Florida, Dr. Blodgett. Leaves 2'- 3' long. Calyx silky. Drupe small, oblong. 3. BUMELIA, Swartz. Calyx 5-parted. Corolla 5-cleft, with two appendages between the lobes. Stamens 5, each alternating with a petal-like sterile one. Ovary 5-celled, hairy. SAPOTACE^E. (SAPODILLA FAMILY.) 275 Berry ovoid, 1-sccded. Albumen none. — Spiny shrubs, with hard wood. Leaves deciduous, oblong, narrowed into a petiole. Flowers clustered, white or greenish. 1. B. lycioides, Gffirt. Leaves obovate-oblong, smooth on both surfaces ; clusters many-flowered, smooth ; pedicels twice as long as the flower, rather shorter than the petioles; corolla nearly twice the length of the calyx. — River-banks, Florida to North Carolina, and westward. June and July. — A large shrub or small tree. Leaves 2' -4' long. Flowers greenish. Berry ovoid. 2. B. tenax, Willd. Leaves oblanceolate or obovate-oblong, thin, the lower surface, like the branchlets and many-flowered clusters, covered with silky brown hairs ; pedicels three times as long as the flower, shorter than the petioles ; corolla white, barely longer than the calyx. — Dry soil, South Carolina, and westward ; not common. — Leaves l£'- 2^' long. Berry oval. 3. B. lanuginosa, Pers. Leaves obovate-oblong or obovate, coriaceous, the lower surface, like the branchlets and many-flowered clusters, covered with a dense rusty villous pubescence ; corolla white, twice as long as the calyx. — Dry sandy soil, Florida to South Carolina, and westward. June and July. — A shrub or small tree. Leaves 2' -3' long. Berry small, ovoid. 4. B. reclinata, Vent. Smooth ; branches diffuse ; leaves obovate, often emarginate; clusters few-flowered. — Varies with the branchlets, leaves, and clusters sprinkled with appressed silky fulvous hairs ; flowers smaller. — River- banks, Florida to South Carolina. June and July. — Shrub 3° -4° high. Leaves l'-2' long. Flowers white. Berry globose. 5. B. parvifolia, A. DC. Smooth throughout; lateral branches short and spine-like ; leaves small, coriaceous, lanceolate-spatulate or oblong-obovate, obtuse, clustered ; flowers few in a cluster, on short pedicels ; calyx-lobes ovate, obtuse, the two outer ones smaller ; corolla yellowish-white ; berry large, oblong. (B. angustifolia, Nutt.) — South Florida. — A small tree. Leaves 1' long. Berry 3" -4" long. 4. MIMUSOPS, L. Calyx 6 - 8-parted ; the lobes in two rows. Corolla 6 - 8-cleft, with 2 appen- dages between the lobes. Stamens 6-8, with as many 2-lobed sterile ones inter- posed. Ovary 6-8-celled, hirsute. Berry globose, 1-2-celled. Albumen fleshy. — Trees or shrubs. Leaves coriaceous, clustered at the summit of the branches. Flowers axillary, white. 1. M. Sieberi, A. DC. Branches short, thick, tubercular; leaves rigid, smooth, oblong, emarginate at the apex, obtuse at the base, on stout petioles; pedicels as long as the petiole, recurved ; calyx-lobes coriaceous, ovate-lanceolate, pubescent, as long as the corolla. — South Florida. — Leaves 2'- 3' long; the midrib stout, the lateral veins obscure. 276 MYBSINACEuE. (MYESINE FAMILY.) OBDEB 83. THEOPHRASTACE.E. (THEOPHBASTA FAMILY.) Trees or shrubs, with watery juice. Leaves coriaceous, often resinous- dotted, without stipules. Flowers perfect, thick, white, orange, or red. — Calyx 5-parted. Corolla 5-cleft, with a single appendage between the lobes. Stamens 5, fertile, opposite the lobes of the corolla : anthers ex- trorse, 2-celled, the thickened connective prolonged above the cells. Ovary free, 1-celled, many-ovuled. Placenta central, globose. Stigma capitate. Fruit globose. Seeds few, enclosed in gelatinous pulp. Em- bryo in the axis of copious albumen. Radicle inferior. 1. JACQUINIA, L. Calyx-lobes obtuse. Corolla bell-shaped, with ovate obtuse appendages. Stamens inserted on the base of the corolla : filaments broad and flat. Style cylindrical from a conical base : stigma capitate, 5-angled. Berry pointed, 3 - 10-seeded. Albumen hard. — Leaves entire, short-petioled. Flowers in racemes. 1. J. armillaris, Jacq. ? Branches puberulent; leaves wedge-obovatc, smooth, emarginate, 3-nerved, punctate, short-petioled, the margins revolute; racemes chiefly terminal, somewhat fleshy, many-flowered, rather longer than the leaves ; bracts ovate ; pedicels erect, club-shaped ; corolla short, bell-shaped, fleshy, the tube shorter than the rounded lobes ; stamens short ; the filaments dilated -and connate at the base, lining .the base of the corolla ; fruit subglobose. — South Florida. — Leaves 1' - 1^' long. Fruit 5" in diameter, orange-red. OBDEB 84. MYRSINACEJE. (MYRSINE FAMILY.) Trees or shrubs, often glandular-dotted, with alternate exstipulate mostly entire leaves, and regular, often monoecious or dioecious, white or rose-colored flowers. — Calyx 4-6-parted. Corolla 4 - 6-cleft. Sta- mens 4-6, opposite the lobes of the corolla: anthers 2-celled, introrse. Ovary mostly free, 1-celled, smooth: ovules 1 - many, imbedded in the cavities of the central placenta. Style simple. Fruit drupacepus, glo- bose, somewhat fleshy, commonly 1-seeded. Seeds roundish, concave at the base. Embryo transverse, in hard albumen. 1. MYRSINE, L. Flowers polygamo-dicecious. Calyx 4 - 5-parted. Corolla 4 - 5-cleft, imbri- cated in the bud. Stamens 4-5, inserted on the base of the corolla : anthers longer than the filaments, opening from the base upward. Style short : stigma capitate. Ovules 4-5, amphitropous. Drupe globose, 1-seeded. — Leaves coriaceous. Flowers small, in axillary clusters, on short pedicels. PLANTAGINACE^E. (PLANTAIN FAMILY.) 277 1. M. Floridana, A. DC. Smooth ; leaves obovate-oblong, entire, on short petioles ; clusters few-flowered ; lobes of the calyx and corolla 5 ; drupes small, longer than the pedicels. — South Florida. — Leaves 2'- 3' long. Drupes 1" in diameter. 2. ARDISIA, Swartz. Flowers perfect. Calyx 5-parted. Corolla 5-cleft, convolute in the bud. Stamens 5 ; the anthers mostly longer than the filaments, opening from the apex downward. Ovary 1 -celled, many-ovuled. Style slender : stigma acute. Drupe globular, 1-seeded. — Leaves coriaceous. Flowers in terminal racemes or panicles. 1. A. Pickeringia, Torr. & Gray. Smooth; leaves oblong-obovate, ob- tuse, entire, narrowed into a short petiole, pale beneath ; panicles terminal, short ; corolla dotted with minute black globules. — South Florida. July. — Leaves 2' long. Drupe l£" in diameter, shorter than the pedicel. ORDER 85. PLANTAGINACE^E. (PLANTAIN FAMILY.) Chiefly stemless herbs, with radical mostly ribbed leaves, and small whitish spiked or capitate flowers, borne on a naked scape. — Calyx of 4 imbricated sepals, with scarious margins. Corolla salver-shaped, 4-parted, withering. Stamens 2-4, included or exserted, inserted on the tube of the corolla, and alternate with its lobes : anthers 2-celled, deciduous. Style slender. Ovary free, 2-4-celled. Capsule 2-celled, few - many-seeded, opening transversely. Seeds attached to the de- ciduous partition. Embryo straight in fleshy albumen. 1. PLANTAGO, L. PLANTAIN. Characters same as the order. * Flower perfect. 1. P. major, L. Leaves ovate or oval, smooth or pubescent, 5-7-ribbed, mostly toothed, narrowed into a broad concave petiole ; scape pubescent ; spike long-cylindrical, densely many-flowered ; bracts ovate ; capsule many-seeded. — Low ground around dwellings. Introduced. May - Aug. — Scape 6' - 12' high. Leaves 4' - 6' long. 2. P. cordata, Lam. Smooth ; leaves broadly ovate or cordate, toothed, 7 - 9-ribbed, on long flat petioles ; spike long-cylindrical, rather loosely flowered ; bracts roundish ; capsule 2-4-seeded. — Low ground, in the upper districts of Georgia, Tennessee, and northward. April- June. 1J. — Scape 1° high. Leaves 3' -8' long. *• 3. P. Rugelii, Decaisne. Leaves smooth or pubescent, oblong, entire or obscurely denticulate, 3 - 5-ribbed ; spike cylindrical, rather loosely flowered ; bracts acute, shorter than the smooth calyx ; capsule conical, 4-seeded. — Hills near Decatur, Alabama. Rugel. — Plant small. Scape slender. 24 278 PLUMBAGINACE^E. (LEADWORT FAMILY.) 4. P. lanceolata, L. Smooth or pubescent ; leaves lanceolate, acute, denticulate, 3 - 5-ribbed, long-petioled ; spikes dense, ovate or oblong ; capsule 2-seeded. — Pastures and waste ground. Introduced. — Scapes l°-2° high. Spikes 1'- 2' long. 5. P. sparsiflora, Michx. Leaves smooth, lanceolate, toothed or entire, narrowed into a long petiole; scape much longer than the leaves, pubescent below; spike long, loosely flowered ; bracts ovate; calyx-lobes obtuse; capsule 2-seeded. (P. interrupta, Lam.) — Moist pine barrens, Georgia and South Caro- lina. June - Sept. — Spikes 6' - 9' long. * * Flowers dioecious : annuals. 6. P. Virginica, L. Pubescent ; leaves lanceolate or oblong, toothed or entire, 3 - 5-ribbed, on rather short petioles ; spike cylindrical, densely-flowered ; stamens 4; capsule 2-4 seeded. (P. purpurascens, Nutt.) — Low sandy soil, very common. April -June. — Scapes 1' (and then 2-4-flowered) -1° high. Leaves £' - 6' long. 7. P. heterophylla, Nutt. Smooth or pubescent ; leaves somewhat fleshy, linear, entire, or with scattered spreading teeth ; spikes linear, closely flowered; the lower flowers scattered; stamens 2, exserted; capsule many- seeded, twice the length of the calyx. — Waste places and fields, Florida and northward. April and May, — Scape 2' - 6' high, commonly longer than the leaves. P. PTTSILLA, Nutt. (which may be found within our limits) differs from No. 7 in having the ovoid 4-seeded capsule scarcely longer than the calyx. ORDER 86. PLUMB AGIN AC EJE. (LEADWORT FAMILY.) Herbs or shrubs, with scattered or radical and clustered leaves. — Calyx tubular or funnel-shaped, 5-toothed, plaited, persistent. Corolla salver-shaped, 5-lobed or 5-petalous, with the 5 stamens opposite the lobes or petals, and inserted on their claws or on the receptacle. Styles 5, distinct or united. Ovary 1-celled, with the solitary anatropous ovule suspended from the apex of the filiform cord which arises from the base of the cell. Fruit utricular or capsular, variously dehiscent. Embryo straight, in mealy albumen. 1. STATICE, L. MARSH KOSEMARY. Calyx bracted ; the limb scarious, 5-lobed. Petals 5, distinct, or united by their claws. Stamens 5, inserted on the claws of the petals. Styles separate or nearly so : stigmas slender. Utricle variously dehiscent. — Perennial herbs, growing in saline marshes, with fleshy chiefly radical leaves, and scape-like 1. S. Caroliniana, Walt. Leaves oblong or obovate, tapering into a long petiole; scape scaly, widely branching ; flowers mostly single, in 1 -sided PRIMULACE^E. (PRIMROSE FAMILY.) 279 spreading spikes j calyx funnel-shaped, smooth, the lobes of the scarious limb alternating with 5 smaller ones. — Salt marshes, Florida, and northward. Aug. and Sept. — Scape £° - 2° high. Leaves 3'- C' long. Flowers blue. 2. PLUMBAGO, Tourn. LEAD WORT. Calyx tubular, 5-ribbed, 5-toothed. Corolla salver-shaped, 5-lobed. Stamens 5, inserted on the receptacle. Styles united. Stigmas linear. Utricle splitting into valves from the base upward. — Herbs or shrubs, with alternate entire mostly clasping leaves, and blue or white flowers in terminal spikes. 1. P. scandens, L. Shrubby; leaves ovate-lanceolate, acute, narrowed into a clasping petiole ; calyx glandular-viscid, half as long as the tube of the corolla ; lobes of the corolla ovate, white ; style smooth. — South Florida. — Leaves 2' - 3' long. Spike elongated. ORDER 87. PRIMUL-ACE^E. (PRIMROSE FAMILY.) Herbs, with simple alternate or opposite leaves, and regular flowers. — Calyx 4 - 5-lobed, persistent. Corolla 4 — 5-lobed. Stamens 4-5, oppo- site the lobes of the corolla, and inserted on its tube. Ovary free, or partly adherent to the calyx, 1-celled, many-ovuled. Placenta central, globose. Style single. Capsule 1-celled, many-seeded, valvate or circum- scissile. Seeds anatropous or amphitropous. Embryo straight in fleshy albumen. Synopsis. * Ovary free from the calyx. ^ •*- Capsule opening by valves or teeth. 1. HOTTONIA. Corolla salver-shaped. Leaves pectinately dissected. 2. LYSIMACIITA. Corolla wheel-shaped. Stems leafy. Leaves opposite, entire. 3. DODECATHEON. Corolla wheel-shaped. Stemless. Leaves radical. •t- -i- Capsule opening transversely. 4. ANAGALLIS. Parts of the flower 5. Leaves opposite. Stamens bearded. 5. CENTUNCULUS. Parts of the flower 4. Leaves alternate. Stamens beardless. * * Ovary partly adherent to the calyx. 6. SAMOLUS. Stamens 5, with sterile filaments interposed. Capsule valvate. 1. HOTTONIA, L. Calyx 5-parted. Corolla salver-shaped, 5-lobed. Stamens 5. Style slender. Capsule globose, at length splitting into 5 valves, which cohere at the base and apex. Seeds fixed by the base, anatropous. — Aquatic perennial herbs, with pectinately dissected leaves. Flowering stems mostly clustered, nearly leafless, inflated, bearing at the joints whorls of small white flowers. « 1. H. inflata, Ell. Flowering stems 3 -several in a terminal cluster, much inflated ; upper stem-leaves crowded, with filiform divisions ; bracts entire. — Ponds and ditches in the upper districts, Mississippi, and northward. June. 280 PRIMULACE^E. (PRIMROSE FAMILY.) 2. LYSIMACHIA, L. LOOSESTRIFE. Calyx 5-parted. Corolla wheel-shaped, 5-lobed. Stamens 5 ; the filaments often monadelphous at the base, and commonly with the rudiment of a sterile one interposed. Style slender. Capsule globose, 5-10-valved, few -many- seeded. Seeds amphitropous. — Perennial herbs, with entire opposite or whorled leaves, and axillary or racemose yellow flowers. =* Flowers in terminal racemes or panicles. 1 . L. stricta, Ait. Stem smooth, erect, branching ; leaves very numerous, opposite, dotted, lanceolate, acute at each end ; racemes long, leafy at the base ; pedicels slender ; lobes of the corolla lanceolate-oblong, obtuse, entire, marked with dark lines ; filaments monadelphous, unequal ; sterile ones none ; capsule 5-valved, 3 - 5-seeded.— Var. ANGUSTIFOLIA. Leaves linear-lanceolate, obtuse ; lobes of the corolla lanceolate, acute. (L. angustifolia, Michx. L. Loomisii, Torr.y corolla-lobes broader.) — Low ground in the middle and upper districts. July. — Stem 1°- 2° high. Leaves 2' long. Flowers small. 2. L. Fraseri, Duby. Stem glandular-pubescent at the summit, erect; leaves opposite, ovate or cordate-ovate, acuminate, narrowed into a short petiole ; flowers in a leafless panicle ; calyx bell-shaped, the lobes fringed on the mar- gins ; lobes of the corolla ovate-lanceolate, obtuse, entire ; filaments monadel- phous, unequal; sterile ones none. — South Carolina. Fraser. (*) 3. L. Herbemonti, Ell. Stem erect, smooth, simple ; leaves (and flow- ers) four in a whorl, ovate-lanceolate, sessile, dotted ; flowers racemose, on short pedicels, the upper ones scattered ; lobes of the corolla oblong-lanceolate, dotted ; filaments monadelphous at the base. (L. asperulaefolia, Poir ?} — Near Colum- bia, South Carolina, Elliott. North Carolina, Curtis, Groom. — Stem 2° high. Leaves faintly 3 - 5-nerved. * * Flowers axillary. 4. L. quadrifolia, L. Stem pubescent, simple ; leaves 4-5 in a whorl, ovate-lanceolate, acute, dotted, sessile; peduncles filiform; lobes of the corolla ovate-oblong, dotted, filaments monadelphous. — Shady woods in the upper dis. tricts, and northward. July. — Stem 2° high. 5. L. ciliata, L. Stem mostly branching, smooth ; leaves opposite, lance- olate-ovate, acute, cordate or rounded at the base, on ciliate petioles ; corolla longer than the calyx, with broadly ovate or roundish denticulate lobes ; pedun- cles opposite. — Varies (L. hybrida, Michx.) with the leaves lanceolate or ovate- lanceolate, narrowed into a short petiole; the uppermost, like the peduncles, often whorled ; or (L. heterophylla, Michx.) with the lowest leaves obovate, the others long, lanceolate; or (L. angustifolia, Lam.) with linear nearly sessile leaves, and a more slender stem, and smaller flowers. — Woods and thickets, chiefly in the upper districts, Mississippi, and northward. July and Aug. — Stem 1° - 2° high. Leaves 2' - 4' long. 6. L. radicans, Hook. Smooth throughout; stem long, prostrate; the- slender branches often rooting at the apex; leaves opposite, ovate-lanceolate, acute, on long and slender petioles ; peduncles longer than the leaves ; corolla PRIMULACE.E. (PRIMROSE FAMILY.) 281 as long as the calyx. — Swamps and marshy banks of streams, in the upper districts. July Stem 2° -3° long. Flowers smaller than in any form of the preceding. 7. L. longifolia, Pursh. Smooth; stem erect, mostly simple, 4-angled; leaves linear, obtuse, sessile, with the margins revolute, the lowest ones spatu- late ; corolla large, with roundish abruptly acute lobes. — Wet banks, South Carolina, and northward. July to Sept. — Stem l°-3° high. Leaves 2' -4' long, rather rigid. Corolla 8" - 9" in diameter. 3. DODECATHEON, L. AMERICAN COWSLIP. Calyx 5-cleft, the lobes reflexed. Corolla-tube very short, the 5-parted limb reflexed. Stamens 5, the filaments monadelphous at the base : anthers long and linear, erect. Capsule oblong-ovate, 5-valved at the apex, many-seeded. — Stem- less herbs. Leaves radical, clustered, spatulate or oblong. Flowers umbellate, terminating the naked scape, white or purple. 1. D. Meadia, L. Smooth; leaves entire or obscurely crenate; umbel bracted, many-flowered; flowers showy, nodding. — Woods, North Carolina and Tennessee. May and June. 1J. — Scape 1° high. Leaves 4' - 6' long. 4. ANAGALLIS, L. PIMPEBNEL. Calyx 5-parted. Corolla wheel-shaped, 5-parted, longer than the calyx. Sta- mens five: filaments bearded. Capsule globose, opening transversely, many- seeded. — Low herbs, with opposite or whorled leaves, and axillary peduncled flowers. 1. A. arvensis, L. Stem branching, spreading, 4-angled; leaves ovate, sessile ; peduncles longer than the leaves, nodding in fruit; flowers red. — Fields and pastures. Introduced. July. (|) — Stem 6' long. 5. CENTUNCULUS, L. Calyx 4-parted. Corolla bell-shaped, 4-cleft, shorter than the calyx. Sta- mens 4, beardless. Capsule globose, many-seeded, opening transversely. — Small annuals, with alternate leaves, and minute nearly sessile axillary white flowers. 1. C. minimus, L. Stem 3-angled, ascending, mostly branched ; leaves obovate, acute ; flowers often clustered. (C. lanceolatus, Michx.) — Low ground near the coast, Florida to North Carolina, and westward. March and April. — Stem l'-6' long. 6. SAMOLUS, L. Calyx 5-cleft ; the tube adherent to the base of the ovary. Corolla salver- shaped, 5-parted, commonly with slender filaments interposed. Stamens 5, included. Capsule 5-valved at the apex, many-seeded. — Smooth and some- what fleshy marsh herbs, with alternate entire leaves, and small white flowers in terminal racemes. 24* 282 LENTIBULACE./E. (BLADDERWORT FAMILY.) 1. S. floribundUS, Kunth. Stem at length much branched ; leaves obo- vate, the lowest tufted, spreading, the others scattered ; racemes many-flowered ; pedicels long, filiform, minutely bracted in the middle ; capsule globose, longer than the calyx ; flowers minute. — Brackish marshes, Florida to Mississippi, and northward. May - July. (2) — Plant 6' - 12' high, pale green. 2. S. ebracteatus, Kunth. Stem simple or sparingly branched, naked above ; leaves spatulate-obovate ; racemes few-flowered ; pedicels bractlcss ; ' capsule shorter than the calyx ; flowers conspicuous. — Saline marshes, Florida, and westward. May and June. — Stem 1° - 2° high. ORDER 88. LENTIBULACE^. (BLADDERWORT FAMILY.) Aquatic or marsh herbs, with entire or dissected leaves, and irregular flowers. — Calyx 2-lipped. Corolla 2-lipped, personate, spurred at the base. Stamens 2, short, included : anthers 1-celled. Ovary free, ovoid, 1-celled. Ovules numerous, anatropous, inserted on the free central globose placenta. Style short : stigma 2-lipped, the lower lip larger and covering the anthers. Capsule globose, many-seeded, opening irregularly. Embryo straight and thick. Albumen none. 1. UTBICULARIA, L. BLADDERWORT. Lips of the calyx entire. Throat of the corolla nearly closed by the projecting palate ; the lips entire or slightly lobed, the lower one with an ap- pressed or depending spur at the base. — Herbs, floating in still water by means of small air-bladders attached to the finely dissected leaves (or roots), or rooting in damp earth, with entire leaves, and few or no air-bladders. Scapes or pe- duncles 1 - many-flowered. * Stem floating: upper leaves whorled, on inflated petioles; the others scattered and finely dissected : flowers yellow. 1. IT. inflata, Walt. Scape 5 - 10-flowered ; corolla large (^' wide) ; the lower lip 3-lobed, twice as long as the appressed conical notched spur, the upper concave, nearly entire ; fruit nodding. — Var. MINOR. Every way smaller ; scape 2-flowered. — Ponds and ditches, Florida to North Carolina, and west- ward. April and May. — Stem 2° long. Scape 6' - 12' high. * * Stem floating: leaves all scattered and finely dissected: flowers yellow. 2. TJ. Vlllgaris, L. Leaves decompound ; scape scaly, 5 - 12-flowered ; throat of the corolla closed by the prominent palate ; the lobes nearly entire, with reflexed margins, longer than the conical obtuse somewhat spreading spur ; fruit nodding. — Ponds and still water, Mississippi to North Carolina, and northward. May - July. — Stem 2° - 3° long. Scapes 6' - 12' high. Co- rolla £' wide. 3. TJ. striata, Leconte. Leaves decompound; scape slender, sparingly bracted, 5 - 6-flowered ; lips of the long-pedicelled corolla nearly equal, 3-lobcd ; LENTIBULACE^E. (BLADDEKWORT FAMILY.) 283 the upper one concave, striate in the middle, the lower with rcflexed margins, as long as the linear nearly appressed notched spur ; palate dotted with brown ; fruit erect. (U. fibrosa, Ell.) — Still water, Florida, and northward. Sept.— Scapes 10' high. Corolla ^' wide. 4. U. fibrosa, Walt. Small; leaves short, sparingly divided, root-like; scape 1-3- (mostly 2-) flowered, almost bractless; lips of the small (4" -5") corolla equal, roundish ; the upper one slightly 3-lobed ; the lower entire, rather shorter than the subulate appressed spur ; palate globose, 2-lobed ; fruit erect, on stout pedicels. (U. longirostris, Lcconte. U. biflora, Lam.l) — Ponds, Florida to South Carolina. May and June. — Stem 4' - 6' long, with clus- tered branches. Scape 2' - 4' high. 5. U. gibba, L. Stem short, with clustered branches; leaves sparingly divided ; scape 1 - 2-flowered ; lips of the corolla nearly equal, longer than the gibbous obtuse appressed spur; fruit erect. (U. fornicata, Leconte.) — Shallow ponds, South Carolina, Elliott, and northward. June. — Stem 2' -3' long. Scape l'-3' high. # # # Stem floating : leaves whorled, finely dissected : flowers purple. 6. U. purpurea, Walt. Stem long, filiform; scape mostly 1 -flowered; upper lip of the corolla truncated ; the lower 3-lobed, with the lateral lobes sac-like, longer than the subulate spur. — Shallow ponds, Florida to Missis- sippi, and northward. June. — Stem l°-2° long. Scape 2' -3' high. Co- rolla 4" wide. * * * * Stemless : scape rooting, scaly : leaves linear and entire, or none : air- bladders few or none : flowers yellow. 7. U. COrnuta, Michx. Scape 2 - 4-flowered ; pedicels short, as long as the calyx; lips of the large (f wide) corolla obovate, unequal; the lower one larger, abruptly pointed, entire, as long as the horn-shaped acute depending spur, the margins strongly reflexcd. (U. personata, Leconte, the more numerous (4 - 12) and scattered flowers much smaller.) — Swamps, Florida, and northward. July- Sept.— Scape l°high. 8. U. SUbulata, L. Scape setaceous, 3 - 9-flowered ; pedicels much longer than the calyx ; lower lip of the small (3" -4") corolla 3-lobed, longer than the appressed conical green-pointed spur; leaves, when present, linear, fugacious. (U. setacea, Michx.) — Wet sandy pine barrens, Florida to North Carolina, and westward. Feb. - May. — Scape 2' - 8' high. 9. U. bipartita, Ell.? Scape filiform, 1-3-flowered; pedicels long and slender ; upper lip of the corolla slightly 3-lobed ; the lower entire, as long as the conical obtuse spur ; lower lip of the calyx sometimes 2-cleft ; fruit erect. — Miry margins of ponds near Tallahassee, Florida, to South Carolina. Sept. — Scape 4' - 6' high. Corolla 6" - 8" wide. 2. PINGUICULA, Tourn. BUTTEEWOET. '* Upper lip of the calyx 3-lobed, the lower 2-lobed. Corolla somewhat 2-lipped ; the upper lip 2-lobed ; the lower 3-lobed, spurred at the base ; 284 BIGNONIACE^E. (BIGNONIA FAMILY.) palate hairy. — Stemless herbs. Leaves all radical, clustered, entire, with the margins commonly involute. Scape naked, commonly viscid. * Flowers yellow. 1. P. lutea, "Walt. Clammy-pubescent ; leaves oblong-obovate ; corolla large, with the rounded lobes 2 - 4-cleft ; spur subulate. — Open flat pine bar- rens, common. Feb. -April. — Plant yellowish. Scape 6'- 12' high. Corolla l'-l^'wide, nodding. .-„ * * Flowers purple^ often changing to white. 2. P. elatior, Michx. Leaves clammy-pubescent, spatulate-ovate ; scapes villous near the base ; lobes of the corolla 2-cleft, rounded ; spur obtuse. — Mar- gins of ponds, Florida to North Carolina. March and April. — Scapes 8' -12' high. Corolla 1' wide. 3. P. australis, Nutt. Smoothish ; leaves lanceolate or oblong, flat ; co- rolla 5-parted, the wedge-obovate lobes 2-cleft, acutish ; spur sac-like, obtuse. — Shallow ponds, West Florida, near the coast. March. — Scapes 1° high. Co- rolla 1' wide. 4. P. pumila, Michx. Clammy-pubescent ; leaves roundish or obovate ; lobes of the corolla obcordate ; spur somewhat sac-like, obtuse. — Low sandy pine barrens, Georgia, Florida, and westward. March and April. — Scape 2;- 6' high. Corolla £' - 1' wide. ORDER 89. BIGNONIACE^E. (BIGNONIA FAMILY.) Herbs, shrubs, or trees, with simple or compound leaves, and regular or somewhat irregular showy flowers. — Calyx 2-lipped, 5-lobed, or truncate and entire. Corolla tubular or bell-shaped, mostly 2-lipped. Fertile sta- mens 2, or 4 ancl didynamous, inserted on the corolla : anther-cells diverg- ing. Ovary 2-celled, many-ovuled ; the base surrounded with a glandular disk. Style filiform: stigma 2-lipped. Capsule 2-valved, 2- or 4-celled, many-seeded. Embryo flat. Albumen none. Synopsis. SUBORDER I. BIGNONIEJL Trees, shrubs, or woody vines. Cap- sule 2-celled, the valves separating from the partition. Seeds flat, winged. Cotyledons notched at each end. — Leaves opposite. 1. BIGNONIA. Valves of the capsule parallel with the partition. Leaves compound. 2. TECOMA. Valves of the capsule contrary to the partition. Leaves compound. 3. CATALPA. Valves of the capsule contrary to the partition. Leaves simple. SUBORDER II. SESAMES. Herbs. Capsule 4-celled. Seeds wing- less. Cotyledons thick, entire. 4. MARTYNIA. Capsule woody, beaked. Leaves simple, alternate or opposite. BIGNONIACE^E. (BIGNONIA FAMILY.) 285 1. BIGNONIA, Tourn. CROSS-VINE. Calyx cup-shaped, truncate or slightly 5-toothed. Corolla tubnlar-bell- shapcd, 5-lobed. Fertile stamens 4, didynamous ; anthers smooth. Valves of the capsule flattened parallel with the partition, and separating from it at maturity. Seeds flat, winged. — Climbing woody vines. Leaves opposite, compound. 1. B. capreolata, L. Leaves evergreen; the short petiole terminated by 2 cordate-oblong entire stalked leaflets, with a branched tendril between ; pedi- cels clustered, axillary, elongated. — "Woods, Florida to Mississippi, and north- ward. April. — Stem climbing high. Leaflets 3' - 6' long. Corolla 2' long, red without, yellow within. Capsule £° long. 2. TECOMA, Juss. TRUMPET-FLOWER. Calyx bell-shaped, 5-toothed. Corolla funnel-shaped, 5-lobed. Fertile sta- mens 4, didynamous. Valves of the capsule convex, contrary to the parti- tion. Seeds winged. — Shrubs or woody vines. Leaves opposite, compound, deciduous. 1. T. radicans, Juss. — Stem climbing by rootlets ; leaves pinnate, more or less pubescent ; leaflets 9-11, ovate or ovate-lanceolate, acute or acuminate, serrate ; racemes terminal, few-flowered. (Bignonia radicans, L.) — Woods and margins of fields, Florida to North Carolina, and westward. May and June. — Corolla 2' -3' long, scarlet without, yellow within. Capsule 4' - 5' long. 2. T. stans, Juss. Stem erect; leaves smooth, pinnate, long-petioled; leaflets 7, lanceolate, acute, finely serrate ; racemes many-flowered ; calyx tubu- lar ; stamens 5, the fifth bearing an abortive anther. — South Florida. March - May. — Stem 3° - 4° high. Corolla l£' long, yellow. 3. CATALPA, Scop. Calyx 2-lipped. Corolla bell-shaped, somewhat 2-lipped, 5-lobed. Fertile stamens 2. Valves of the cylindrical capsule contrary to the partition. Seeds flat, with fimbriate wings. — Small trees. Leaves simple opposite. Flowers in terminal panicles. 1. C. bignonioides, "Walt. Leaves large, cordate, entire or angularly lobed, acuminate, long-petioled, pubescent; panicle trichotomous, many-flow- ered ; calyx purple ; corolla white, variegated with yellow and purple within, the lobes undulate ; capsule slender, elongated, pendulous. (C. cordifolia, Ell.) — River-banks, Georgia, Florida, and westward. May. — Corolla 1' long. Cap- sules 1° long. 4. MARTYNIA, L. UNICORN-PLANT. Calyx 5-clcft, 2 - 3-bracted. Corolla irregular, tubular-bell-shaped, unequally 5-lobed. Fertile stamens 2 or 4. Capsule woody, falsely 4-cellcd, ending in two long recurved horns, and opening between them. Seeds wingless. — Viscid 286 OROBANCHACE^. (BROOM-RAPE FAMILY.) branching annuals. Leaves petioled, entire, roundish, the upper ones alternate. Flowers racemed. 1. M. proboscidea, Glox. — Stems thick, at length prostrate; leaves round-cordate; corolla (l^'long) whitish, spotted with yellow and purple; cap- sule crested on one side, shorter than the beaks. — Waste places. Introduced. July and Aug. ORDER 90. OROBANCHACE^E. (BROOM-RAPE FAMILY.) Low, leafless, scaly herbs, parasitic on roots, with bilabiate didynamous flowers. — Calyx 4 - 5-toothed or parted. Corolla withering-persistent, tubular, the upper lip 2-cleft or entire, the lower 3-lobed. Stamens in- serted on the tube of the corolla : anthers persistent. Ovary free, 1-celled, with 2-4 parietal placentae. Style simple, curved at the apex : stigma thick, 2-lobed. Capsule 2-valved, many-seeded. Seeds very small, ana- tropous, with the minute embryo at the base of transparent albumen. — Flowers perfect or polygamous, solitary or spiked. Synopsis. 1. EPIPHEGUS. Flowers polygamous, spiked ; the lower ones fertile, the upper sterile. Ca- lyx 2-bracted, 5-toothed. Stem branching. 2. CONOPHOLIS. Flowers perfect, spiked. Calyx 2-bracted, cleft on the lower side. Stem simple, thick and fleshy. 3. APHYLLON. Flowers solitary, perfect. Calyx bractless, 5-cleft. Corolla nearly equally 5-lobed. 1. EPIPHEGUS, Nutt. BEECH-DROPS. Flowers polygamous ; the upper ones slender and sterile, the lower abbreviated and fertile. Calyx 5-toothed. Capsule 2-valved at the apex, with 2 placentae on each valve. — Stem smooth, slender, much branched, purplish. Flowers small, in loose slender spikes. Corolla purplish. 1. E. Virginiana, Bart. — Under Beech-trees, in deep shades, Florida to Mississippi, and northward. Aug. — Stems 6' -12' high. Flowers scattered. Corolla of the sterile flowers 4" - 6" long, 4-toothed, curved. 2. CONOPHOLIS, Wallr. SQUAW-ROOT. Flowers perfect, densely spiked. Calyx 2-bracted, tubular, 4-toothed, cleft on the lower side. Upper lip of the corolla arching, notched ; the lower short, 3- toothed. Stamens exserted. Capsule 2-valved, with 2 placentae on each valve. — A thick and fleshy whitish simple herb, covered with imbricated scales. Flow- ers yellowish, spreading. 1. C." Americana, "Wallr. (Orobanche, L.) — Shady woods, Florida to Mississippi, and northward. April. — Stems clustered from matted roots, 4' - 6' high, %' thick. SCROPHULARIACE^E. (FIGWORT FAMILY.) 287 3. APHYLLON, Mitchell. Flowers solitary, perfect. Calyx 5-cleft, bractless. Corolla tubular, curved, nearly equally 5-lobed. Stamens included. Capsule 2-valved, with 4 equidistant placentae.— Stemless or nearly so. Flowers purplish, on a long scape or peduncle. 1. A. uniflorum, Torr. & Gray. — Stem very short and scaly; peduncles 1 - several, 3' - 5' high, pubescent ; calyx-lobes lanceolate-subulate. (Orobancho uniflora, L.) — Woods, Florida, and northward. ORDER 91. SCROPHULARIACEJE. (FIGWORT FAMILY.) Chiefly herbs. Leaves commonly opposite, without stipules. Calyx 4 - 5-cleft or parted. Corolla 4 - .o-lobed, regular, or bilabiate ; the lobes imbricated in the bud. Fertile stamens 4 (sometimes 2, rarely 5), mostly didynamous, inserted on the tube of the corolla : anther-cells often sepa- rate, opening lengthwise. Ovary free, 2-celled, many-ovuled. Placentae central. Style simple or 2-cleft. Capsule 2-celled, many- (rarely 1-few-) seeded. Seeds anatropous. Embryo small, in copious albumen. Synopsis. § 1. Upper lip of the corolla exterior in the bud (except Mimulus). Capsule commonly septicidally dehiscent. # Stamens 5, all perfect. Corolla regular. 1. VERBASCUM. Corolla wheel-shaped. Filaments, or a part of them, bearded. Leaves alternate. * * Fertile stamens 4 ; the fifth sterile or rudimentary. Flowers cymose. Leaves opposite. 2. SCROPHULARIA. Fifth stamen scale-like. Corolla globose or oblong ; four of the lobes short and erect. 3. CHELONE. Fifth stamen shorter than the others. Corolla tubular, inflated, contracted at the throat. Seeds winged. 4. PENTSTEMON. Fifth stamen as long as the others. Corolla dilated upward. Seeds wingless. * * * Fertile stamens 4 : sterile ones none. Flowers axillary or racemed. 5. LINARIA. Corolla spurred at the base. Capsule toothed at the apex. 6. MIMULUS. Calyx tubular, 5-angled, 5-toothed. Corolla large. 7. HERPESTIS. Calyx 5-parted ; the three outer lobes much larger. Corolla short. * * * * Fertile stamens 2 : sterile ones 2 or none. 8. GRATIOLA. Calyx 5-parted. Sterile filaments entire, included. Capsule ovate or globose. 9. ILYSANTHE3. Calyx 5-parted. Sterile filaments 2-cleft, exserted. Capsule oblong. 10. M1CRANTHEMUM. Calyx 4-parted. A scale-like appendage below the filaments. § 2. Upper lip of the corolla interior in the bud. Capsule commonly loculicidally dehiscent * Corolla regular or slightly 2-lipped ; the lobes nearly equal. -i- Stamens 2, distant. Capsule mostly obcordate. 11. AMPHIANTHJJS. Style 2-cleft. Flowers solitary, terminating the central scape and in the axils of the tufted radical leaves. 12. VERONICA. Style simple. Flowers in leafy racemes or spikes. 4- -t- Stamens 4-5, equal. Peduncles axillary, 2 or more together. 13. CAPRARIA. Corolla bell-shaped, 5-cleft. Capsule loculicidal. Leaves alternate. 14. SCOPARIA. Corolla wheel-shaped, 4-cleft. Capsule septicidal. Leaves opposite or whorled. 288 SCROPHULARIACE^E. (PIGWORT FAMILY.) *-•(-•(- Stamens 4. Flowers racemed or spiked. 4H- Anthers 1-celled. 15. BUCHNERA. Corolla salver-shaped. Stamens didynamous. Flowers spiked. •H- -H- Anthers 2-celled. Stamens equal. 16. SEYMERIA. Corolla bell-shaped, yellow. Stamens included. 17. MACRANTHERA. Corolla tubular, orange. Stamens long-exserted. •H- -H- -H- Anthers 2-celled. Stamens didynamous. 18. OTOPHYLLA. Anthers unequal. Corolla bell-shaped. Upper leaves 2-eared at the base. 19. DASYSTOMA. Anthers equal, awned at the base. Corolla funnel-shaped, yellow. Leaves m&stly pinnatifid. 20. GERARDIA. Anthers equal, pointed at the base. Corolla bell-shaped, purple. Leaves narrow, entire. * * Corolla tubular, 2-lipped ; the upper lip arching and enclosing the 4 didynamous stamens. •»- Anther-cells unequal. 21. CASTILLEIA. Anther-cells separate. Leaves alternate, the floral ones colored. •+- 4- Anther-cells equal. 22. SCHWALBEA. Calyx 10- 12-ribbed, the upper teeth smaller. Capsule oblong, many- seeded. Leaves entire, alternate. 23. PEDICULARIS. Capsule sword-shaped, few-seeded. Leaves pinnatifid. 24. MELAMPYRUM. Calyx 4-cleft. Capsule flat, 1 - 4-seeded. Upper leaves bristly-toothed at the base. 1. VERBASCUM, L. MULLEIN. Calyx 5-parted. Corolla rotate, 5-lobed ; the lobes nearly equal, roundish. Stamens 5, declined, all, or a part of them, bearded. Stigma simple. Capsule globose, many-seeded. — Tall biennial herbs. Leaves alternate. Flowers in 1. V. Thapsus, L. Woolly throughout; stem stout, simple; leaves slightly crenate, rugose ; the lowest large, oblong, petioled, the others broadly decurrent on the stem ; raceme spike-like, dense, cylindrical ; flowers yellow. — Old fields and waste ground. Introduced. — Stem 2° - 5° high. Lowest leaves 1° long. Raceme rigid, 1° - 2° long. 2. V. Blattaria, L. Stem smooth below, pubescent above, sparingly branched or simple ; leaves smooth, oblong, acute, serrate or pinnately lobed ; the lowest petioled; the upper clasping; racemes elongated, glandular, the flowers scattered; corolla bright or pale yellow; filaments all bearded with purple hairs. — Waste ground, chiefly in the upper districts. Introduced. — Stem 2° -3° high. 3. V. Lychnitis, L. Plant mealy-white; stem branching and angled above ; leaves ovate, acute, sessile ; the lowest narrowed into a petiole, greenish above ; flowers in a pyramidal panicle, yellow ; filaments bearded with white hairs. — In Carolina, Muhlenberg. Introduced. 2. SCROPHULARIA, L. FIGWORT. Calyx 5-parted. Corolla globose or oblong, 5-cleft ; the 4 upper lobes erect, with the two uppermost longer ; the lowest spreading. Stamens 4, declined ; the fifth sterile and scale-like, placed near the orifice of the tube of the corolla; SCROPHULARIACE^. (FIGWORT FAMIlAr.) 289 anther^cells transverse and confluent into one. Capsule many-seeded. — Tall herbs, with opposite leaves, and greenish-purple flowers in loose cymes, forming a narrow panicle. 1. S. nodosa, L. Smooth; stem 4-sided; branches elongated, spreading ; leaves ovate or oblong, or the uppermost lanceolate, acute, serrate, rounded or cordate at the base; flowers small. (S. Marilandica, L.) — Shady banks and thickets, Florida to Mississippi, and northward. Sept. — Stem 2° - 5° high. * 3. CHELONE, Tourn. SNAKE-HEAD. Calyx 5-parted or 5-sepalous, bracted. Corolla inflated-tubular, contracted at the throat, bilabiate ; the upper lip concave, emarginate ; the lower obtusely 3-lobed, woolly in the throat. Stamens 4, with the filaments and cordate anthers woolly, and a fifth sterile one shorter than the others. Seeds imbricated, broadly winged. — Smooth perennial herbs, .with opposite serrate leaves, and large white or purple flowers in short dense bracted spikes. 1. C. glabra, L. Stem simple or branched, 4-sided ; leaves lanceolate or oblong, acute or acuminate, on very short petioles ; spike terminal, imbricated, nearly sessile, simple or branched ;, bracts and sepals ovate ; corolla white or rose-color. (C. obliqua, L.) — Wet banks of streams, Florida and northward, rare in the lower districts. Sept. — Stem 2° high. Leaves 2' -4' long, some- times pubescent beneath. Corolla 1' - 1|' long, concave beneath. 2. C. Lyoni, Pursh. Stem simple or branched; leaves ovate or ovate- oblong, rounded or cordate at the base, acuminate, serrate, conspicuously peti- oled, mostly pubescent on the veins beneath ; spike sessile, simple or branched ; bracts and calyx-lobes ovate, ciliate; flowers purple. (C. latifolia, MuJd., leaves acute at the base.) — Mountains of North Carolina. Sept. — Stem 2° - 3° high. Leaves 4' - 6' long, thinner, and the flowers smaller than in the preceding. 4. PENTSTEMON, L'Her. Calyx 5-parted. Corolla inflated-tubular, or somewhat bell-shaped, open at the throat, bilabiate; the upper lip rounded, concave, emarginate or 2-lobed; the lower 3-lobed. Stamens 4, declined at the base, and a fifth sterile one as long as the others, and commonly bearded above. Capsule 2-valved, many- seeded. Seeds wingless. — Erect perennial herbs, with opposite leaves, and white or purple flowers in axillary and terminal cymes, forming a close or open narrow terminal panicle. * Leaves pinnately divided. 1. P. dissectus, Ell. Smooth or minutely pubescent; divisions of the leaves linear, obtuse, entire or sparingly lobed ; cymes few-flowered, long-pedun- cled ; corolla somewhat bell-shaped, with rounded and nearly equal lobes ; an- ther-cells smooth, spreading; sterile stamen bearded at the apex. — Dry soil in the middle districts of Georgia. — Stem 2° high, slender. Calyx-lobes small, acute. Corolla 9"- 10" long, purple. 25 290 SCROPHULARIACE^E. (FIGWORT FAMILY.) * * Leaves undivided. 2. P. pubescens, Solander. Pubescent or smooth; leaves lanceolate, acute, serrate or entire, sessile or clasping ; the lowest ovate or oblong, tapering into a slender petiole ; cymes spreading, few-flowered ; tube of the corolla grad- ually dilated above the middle ; the lower lip longer than the upper ; sterile stamen bearded down one side; anthers smooth. (P. lasvigatus, Soland., a smooth form.) — Dry open woods and fence-rows, Florida to North Carolina, and westward. June and July. — Stem 2° high. Lowest leaves 3' - 5' long. Corolla 1' long, pale purple. 3. P. Digitalis, Nutt. Smooth or nearly so ; stem-leaves ovate-lanceolate, serrate or entire, clasping ; the lowest oblong, narrowed into a petiole ; cymes few-flowered, spreading, forming a narrow panicle ; tube of the corolla abruptly dilated near the base ; the lips nearly equal ; sterile stamen bearded down one side. — Dry soil, Georgia, Florida, and westward. July. — Stem. 2° high. Co- rolla 9"- 12" long, white or pale purple. Var. multiflorus, Benth. Larger (3° -4° high) ; leaves thicker; cymes many-flowered, forming a large spreading panicle ; corolla smaller. — Pine bar- rens, Florida. 5. LINABIA, Juss. TOAD-FLAX. Calyx deeply 5-parted. Corolla personate, spurred at the base; the upper lip emarginate or 2-lobed ; the lower 3-lobed ; the throat commonly closed by the prominent palate. Stamens 4, didynamous. Capsule globose or ovoid, opening at the apex, with few or several tooth-like valves, many-seeded. — Herbs, with alternate or (on the radical branches) opposite or whorled leaves, and axillary or racemose flowers. * Stems icith prostrate branches at the base, which bear broader opposite or whorled leaves. 1. L. Canadensis, Spreng. Smooth ; stem erect, slender, mostly simple ; leaves linear, flat, scattered ; those on the radical branches oblong ; racemes straight; pedicels erect, as long as the calyx; lobes of the small (3" -4") blue and white corolla rounded ; spur filiform, curved, as long as the pedicels. (An- tirrhinum Canadense, L.) — Cultivated ground, common. April and May. (D — Stem l°-2°high. 2. L. Floridana, n. sp. Stem smooth, ascending, paniculately much branched ; leaves scattered, fleshy, terete, linear or club-shaped ; those on the radical branches obovate ; racemes elongated, flexuous, glandular-hairy ; pedicels spreading, 3-4 times as long as the calyx ; lobes of the small (2") blue corolla truncate or emarginate ; spur very short. — Drifting sands near the coast, West Florida. April and May. (f) — Stem 3' - 12' high. * * Prostrate branches none. 3. L. vulgaris, Miller. Smooth ; stem erect, simple or branched ; leaves alternate, linear or linear-lanceolate, crowded; raceme dense; flowers large (!' long), yellow ; spur subulate ; seeds flattened, margined. — Waste places, North Carolina, and northward. Naturalized. Aug. ty— Stem l°-3° high. SCROPHULARIACEJE. (FIG WORT FAMILY.) 291 4. L. Elatine, Miller. Hairy ; stem prostrate, slender, branching ; leaves small, ovate and hastate ; the lowest sometimes opposite and toothed ; pedicels axillary, filiform, commonly longer than the leaves ; flowers small, yellow and purplish ; calyx-lobes lanceolate, acute. — Waste places, North Carolina. Nat- uralized. @ — Stem 4' - 12' long. 6. MIMULUS, L. MONKEY-FLOWER. Calyx tubular, 5-angled, sharply 5-toothed. Corolla bilabiate ; the upper lip 2-lobed, erect or reflexcd ; the lower 3-lobed, spreading. Stamens 4, didyna- mous : anther-cells somewhat confluent. Stigma ovate, 2-lipped. Capsule locu- licidally 2-valved, many-seeded. — Erect smooth perennial herbs, with opposite leaves, and axillary purple flowers. 1. M. ringens, L. Stem compressed, 4-angled, the angles wingless; leaves oblong or lanceolate, denticulate, cordate and clasping at the base ; pe- duncles longer than the flowers. — Swamps in the upper districts. Aug. — Stem 1° - 2° high. Leaves thin, 2' - 4' long. Corolla showy, the palate greenish and pubescent. 2. M. alatus, Ait. Stem square, with winged angles ; leaves oblong-ovate, acuminate, serrate, tapering at the base into a petiole ; peduncles shorter than the flowers. — Swamps, Florida, and northward. July and Aug. — Stem 2° high. Leaves 2'- 5' long. Calyx-teeth small. 7. HERPESTIS, Gsertn. Calyx 5-parted ; the 3 outer lobes, especially the upper one, broader. Corolla bell-shaped, 5-lobed or bilabiate, with the upper lip 2-lobed or emarginate, the lower 3-lobed. Stamens 4, didynamous : anther-cells contiguous or divaricate. Style dilated and flattened at the apex. Capsule 2-valved, many-seeded. — Low herbs, with opposite leaves. Flowers opposite, axillary, or in leafy terminal racemes. * /Stems 4-angled : leaves serrate : peduncles 2-bracted at the base : exterior calyx-lobes oMong: corolla white. 1. H. nigrescens, Benth. Smooth; stem erect, simple or branched; leaves oblong or oblong-obovate, rather obtuse, serrate above the middle ; lower peduncles as long as the leaves, the upper much longer ; tube of the corolla striped with blue ; the upper lip rounded. (Gratiola acuminata, Walt.) — Low ground, Florida to North Carolina, and westward. Aug. and Sept. — Stem 1° - l£° high. Leaves 1' - 2' long. 2. H. peduncularis, Benth. Smooth; stem decumbent, diffuse, creep- ing near the base ; leaves small, obovate-oblong, entire near the base ; peduncles filiform, 3-4 times as long as the leaves. — Key West. — Stems 6' - 12' long. Leaves 4" - 6" long. Flowers smaller than in No. 1. 292 SCROPHULARIACE.E. (FIGWORT FAMILY.) * * Stems terete, succulent, creeping : leaves ovate or roundish, entire: exterior calyx- lobes cordate or ovate : peduncles 2-bracted at the apex. 3. H. Monni^ria, Kunth. Smooth ; stems diffuse, creeping ; leaves fleshy, wedge-obovate, entire or obscurely crenate ; corolla bell-shaped, with the rounded lobes nearly equal ; peduncles as long as the flowers ; exterior calyx- lobes ovate. (H. cuneifolia, Pursh.) — Ditches and muddy banks along the coast, Florida to North Carolina, and westward. June -Sept. 1J. — Stem 1° - 2° long. Leaves 1 ' long. Corolla white or pale blue. 4. H. amplexicaulis, Pursh. Stem villous, ascending from a creeping base ; leaves smoothish, ovate, cordate and clasping, obtuse ; peduncles shorter than the flowers ; exterior calyx -lobes cordate ; base of the ovary surrounded by a 12-toothcd disk. (H. rotundifolia, EIL, not of Pursh.) — Pine-barren ponds, Florida to North Carolina, and westward. July- Sept. 1J. — Flowering stems 6' -8' high. Leaves £' long, crowded. Flowers blue. Plant odorous. 8. GKATIOLA, L. HEDGE-HYSSOP. Calyx 5-parted, the lobes nearly equal, narrow. Corolla bilabiate, with the upper lip entire or emarginate, the lower 3-cleft. Fertile stamens 2, included, the anterior ones sterile or wanting. Stigma 2-lipped. Capsule 4-valved, many- seeded. — Low perennial herbs, with opposite leaves, and solitary axillary white or yellow flowers. Calyx mostly 2-bracted. * Connective of the anthers dilated, the cells transvei'se : stems tender : flowers peduncled. •»- Sterile stamens minute or none. 1. G. Virginiana, L. Stem branching from the base, glandular-pubes- cent above ; leaves lanceolate, acute, sparingly serrate, sessile, the lower ones nar- rowed at the base ; peduncles slender, the upper ones longer than the leaves ; corolla white, with the yellowish tube twice as long as the calyx ; capsule ovate, acute. —Muddy banks and ditches, Florida to Mississippi, and northward. April and May. — Stem 6' -12' high. Leaves 1' long. Corolla 5" -6" long, hairy within. 2. G. Moridana, Nutt. Stem simple or branched, smooth ; leaves lance- olate or oblong, obtuse, entire or nearly so, narrowed at the base, sessile, the lowest slightly petioled ; peduncles filiform, longer than the leaves ; lobes of the corolla emarginate, white ; the slender yellowish tube three times as long as the calyx. — Muddy banks of the Chipola River, West Florida. April. — Stem 1° high. Leaves 1' long. Corolla 8" long. Capsule globose. 3. G. sphserocarpa, Ell. Smooth ; stem thick, ascending, branching at the base; leaves oblong or lance-oblong, serrate above, narrowed and entire towards the base, sessile, the lowest mostly obovate ; peduncles thick, shorter than the leaves, sometimes shorter than the calyx ; corolla white, the tube twice as long as the calyx ; capsule globose. — Springs and branches, Florida to South Carolina, and westward. March -May. — Stem 4' -12' high. Leaves 1' long. Corolla J'long. SCROPHULARIACE^E. (FIGWORT FAMILY.) 293 •*- •»- Sterile stamens manifest. 4. G. viscosa, Schwcin. Viscid-pubescent; stem ascending, simple or sparingly branched ; leaves ovate-lanceolate, acute, sharply serrate, clasping, 3-nerved ; peduncles as long as the leaves ; lobes of the corolla white, emar- ginate, the tube yellowish and bearded within ; calyx-lobes lanceolate, much longer than the small globose capsule. — Ditches and muddy places in the upper districts, Mississippi to North Carolina. June - Aug. — Stem 6' - 1 2' high. Leaves £' long. Corolla 5" -6" long. Bracts wider than the calyx-lobes. 5. G. Drummondi, Benth. Viscid-puberulent ; stem decumbent at the base, ascending ; leaves lanceolate, acute, sparingly serrate, 3-ncrved, clasping ; bracts and calyx-lobes subulate, much longer than the capsule. — In Georgia, Boykin, and westward. 6. G. quadridentata, Michx. Pubescent and somewhat viscid; stem decumbent at the base, ascending, simple or branched ; leaves lanceolate, sessile, 4-toothed ; peduncles mostly longer than the leaves ; corolla yellowish-white ; capsule small, globose, much shorter than the linear unequal calyx-lobes ; bracts minute. — Margins of pine-barren ponds, Florida to South Carolina, and west- ward. June - Aug. — Stem 4' - 6' high. Leaves £' long. Corolla 5" long. 7. G. aurea, Muhl. Smooth ; stem decumbent, creeping, the flowering branches ascending, 4-anglcd ; leaves sessile, oblong-lanceolate, slightly serrate ; peduncles as long as the leaves, or the upper ones longer ; bracts as long as the calyx ; corolla bright yellow. — "Wet pine barrens in the lower districts of Georgia and South Carolina. April -June. — Stem l°-2° long. Leaves i'-l'long. Corolla 6" long. 8. G. officinalis, L. Smooth ; stem erect, 4-angled above ; leaves lance- olate, serrulate or entire, slightly clasping ; peduncles shorter than the leaves ; corolla pale yellow, striped with red, bearded with yellow hairs within ; capsule acute, as long as the calyx. — Swamps, in the Southern States, Leconte. — Stem 1° - 2° high. Corolla 8" - 10" long. * * Connective of the anthers not dilated ; the cells vertical : stems rigid, hairy : flowers sessile : sterile stamens manifest. 9. G. pilosa, Michx. Hirsute; stem erect, simple or branching at the base ; leaves ovate or roundish, sparingly toothed, sessile or slightly clasp- ing ; corolla tubular, white, scarcely longer than the calyx. — Low ground, Florida to Mississippi, and northward. June -Aug. — Stem 8' -16' high. Leaves ^' long. .Corolla 4" long. 10. G. SUbulata, Baldwin. Shrubby, hispid ; stem much branched, mostly prostrate ; leave^ linear, entire, the margins revolute ; calyx-lobes sub- ulate, unequal ; corolla salver-shaped, somewhat persistent, the upper lip roundish, the lower 3-parted ; the slender curved tube three times as long as the calyx, hairy within ; lobes of the stigma emarginate ; capsule acute. — Low sandy pine barrens, Florida, near the coast. July - Sept. — Stem 3' - 6' loner. Leaves 3" - 6" long. Corolla 6" long. 25* 294 SCROPHULARIACE^E. (FIG WORT FAMILY.) 9. ILYSANTHES, Raf. Calyx 5-parted, bractless. Corolla bilabiate ; the upper lip short, erect, 2-cleft ; the lower larger, spreading, 3-cleft. Fertile stamens 2, included ; the two anterior ones sterile, 2-lobed, with one of the lobes tipped with a gland, the other smooth, acute. Capsule ovate or oblong, as long as the calyx. — Smooth annuals, growing in wet or muddy places. Stems 4-angled. Leaves opposite. Peduncles axillary, often reflexed in fruit. Flowers small, purplish. 1. I. grandiflora, Benth. Stem creeping, very leafy; leaves roundish, entire, nerveless, partly clasping ; peduncles 2-3 times as long as the leaves ; sterile stamens lobed at the middle. — In Georgia, Nuttali — Leaves 3" -4" long. Corolla larger than in the next. 2. I. gratioloides, Benth. Stem erect, at length diffusely branched; leaves lanceolate, oblong, or ovate ; the lowest narrowed into a petiole, the upper sessile, acute, obscurely toothed or entire ; lower peduncles mostly shorter than the leaves, the upper much longer, spreading ; corolla pale blue, twice as long as the calyx ; capsule, oblong, acute, scarcely longer than the calyx. (Lindernia dilatata and attenuata, Ell. Gratiola anagallidea, Michx. G. tetra- gona, Ell.?) — Springs and rivulets, common. May -Sept. — Stem 6' -12' long. Leaves %' - 1 ' long. Corolla 3" - 4" long. 3. I. refracta, Benth. Stem erect, very slender, forking ; radical leaves tufted, oblong, obtuse, entire, narrowed at the base ; the others remote, small, lanceolate, sessile ; peduncles filiform, many times longer than the leaves, re- flexed in fruit ; corolla pale blue variegated with purple ; capsule oblong-linear, twice as long as the calyx. (Lindernia monticola, Nutt.) — Springs and muddy banks of rivulets in the middle and upper districts, Mississippi to North Caro- lina. July - Sept. — Stem 6' - 12' high. Kadical leaves 1' long. Corolla 3" -4" long. 4. I. saxicola. Stems clustered, leafy, simple or sparingly branched; leaves oblong, entire, obtuse, sessile ; the radical ones densely tufted, narrowed into a petiole ; peduncles rather stout, 3-4 times as long as the leaves, widely spreading or reflexed in fruit ; corolla blue, variegated ; capsule ovoid, rather longer than the calyx. (Lindernia saxicola, M. A. Curtis.) — On rocks at Tolula Falls, Georgia, and Cherokee, North Carolina, Curtis. Aug. 1|. ? — Stems 3' - 5' high. Stem-leaves 2" - 4" long. Corolla 4" long. 10. MICBANTHEMUM, Michx.^ Calyx 4-parted, or 4-cleft. Corolla somewhat bilabiate ; the upper lip shorter, entire ; the lower 3-lobed, with the middle lobe longer. Stamens 2, included ; the filaments with a gland-like appendage at the base : anther-cells diverging. Style short : stigma capitate. Capsule 2-valved, few-seeded ; the delicate partition vanishing at maturity. Seeds oblong, reticulate. — A small smooth perennial herb, with diffuse creeping stems, roundish opposite entire leaves, and minute nearly sessile axillary white flowers. SCROPHULARIACE^E. (FIGWORT FAMILY.) 295 1. M. orbiculatum, Michx. (M. cmarginatum, Ell. Hemianthus mi- cranthcmoidcs, Nutt. Hcrpestis micrantha, Ell. ? not of Pursh.) — Muddy banks, Florida to North Carolina, and westward. June - Oct. — Stem 6' -12' long. Leaves 3" - 5" long, sometimes emarginatc. Corolla not longer than the minute (£") calyx. 11. AMPHIANTHUS, Torr. Calyx 5-parted. Corolla somewhat funnel-shaped, 4-cleft; the upper and lower lobes rather longer. Stamens 2 : anther-cells distinct. Style minutely 2-clcft at the apex, acute. Capsule obcordate, compressed, loculicidal. Seeds oblong, rugulose. — A very small annual, with the linear obtuse leaves clustered at the summit of the short stem, and minute white flowers, some of which are borne on short naked recurved peduncles from the axils of the leaves, and others on a slender (!' long) terminal 2-bracted scape. 1. A. pusillus, Torr. — In shallow excavations of flat rocks, Newton County, Georgia, Dr. Leavenworth. March and April. 12. VERONICA, L. SPEEDWELL. Calyx 4 -5-parted. Corolla wheel-shaped, or salver-shaped, 4-5-lobed. Stamens 2, one each side of the upper lobe of the corolla. Stigma capitate. Capsule compressed and obcordate, or oblong and obtuse, septicidal or locu- licidal. Seeds few or many, flattened or concave on the inner face. — Chiefly herbs, with the stem-leaves opposite or whorled, the floral ones alternate. Flowers small, axillary, racemed or spiked, blue or white. * Leaves whorled : corolla tubular : capsule d)long. 1. V. Virginica, L. Perennial, smooth or pubescent; stem tall, erect; leaves 4-7 in a whorl, lanceolate, serrate, short-petioled ; flowers very numer- ous, crowded in axillary (whorled) and terminal spikes ; stamens long-exserted ; corolla white or purple. (Leptandra, Nutt.} — Mountain-meadows, Georgia, and northward. June - August. — Stem 2° - 4° high. Leaves 2' - 4' long. * * Stem-leaves opposite : corolla wheel-shaped : capsule obcordate. -»- Flowers in dense axillary racemes. 2. V. officinalis, L. Perennial, pubescent ; stem prostrate, rooting at the base ; leaves obovate-elliptical, or wedge-oblong, obtuse, serrate, short-petioled ; racemes alternate, many-flowered ; corolla blue. — Mountains of North Carolina, and northward. July. — Stem 6' - 1 2' long. Racemes 2' - 4' long. •i- •«- Flowers scattered, in leafy terminal racemes. 3. V. serpyllifolia, L. Perennial, smoothish ; stem ascending, diffusely branched ; leaves oval or roundish, crenate, short-petioled, the floral ones lance- olate and entire ; pedicels as long as the calyx ; corolla blue. — Low pastures in the upper districts. May - Sept. — Stem 4' - 6' long. Leaves 4" - 6" long. 4. V. peregrina, L. Annual, smooth; stem erect, simple or branched; leaves sessile, oblong, toothed ; the lowest narrowed into a petiole ; the floral 296 SCROPHULARIACE2E. (FIG WORT FAMILY.) ones entire ; peduncles shorter than the calyx ; corolla white, minute. — Cul- tivated ground, very common. April -June. — Stem 2' -12' high. Leaves 5. V. arvensis, L. Annual, hairy ; stems ascending, branched at the base ; leaves ovate, obtuse, crenatc, petioled ; the floral ones lanceolate, entire, sessile ; flowers nearly sessile ; corolla pale blue. — Cultivated ground. Intro- duced. May and June. — Stems £' - 12' high. Leaves 4" - 6" long. 6. V. agrestis, L. Annual, pubescent ; stems prostrate, diffusely branched ; leaves all petioled, ovate, coarsely serrate ; peduncles much longer than the calyx, recurved in fruit ; corolla blue, striate. — Cultivated ground. Intro- duced. Feb. -May. — Stem 6' -12' long. Leaves 6" -9" long. Fruiting calyx much enlarged. 13. CAPRAEIA, L. Calyx 5-parted, equal. Corolla bell-shaped, equally 5-lobed, smooth within. Stamens 4 - 5 : anthers sagittate. Style slender : stigma thick, ovate, at length 2-lobed. Capsule coriaceous, ovate, septicidally 2-valved, the valves 2-cleft at the apex. Seeds numerous, reticulate. — Perennial herbs, or shrubby plants. Leaves alternate, serrate. Peduncles axillary, single or by pairs, mostly 1- flowered. 1. C. biflora, L. Shrubby, smooth or pubescent; stem erect, branching ; leaves lanceolate or oblong, sharply serrate, narrowed and entire below the middle ; peduncles filiform, mostly by pairs, shorter than the leaves ; calyx- lobes linear ; corolla deeply 5-cleft ; stamens 5, included. — South Florida. Nov. — Stem 2° - 3° high. Leaves 1 ' - 1 £' long. Flowers white 1 14. SCOPARIA, L. Calyx 4 - 5-parted. Corolla wheel-form, 4-cleft, hairy in the throat. Sta- mens 4. Style club-shaped at the apex. Capsule septicidally 2-valved, the valves membranaceous, entire. Seeds numerous, reticulate. — Herbaceous or shrubby plants, with opposite or whorled leaves. Peduncles axillary, com- monly by pairs, 1 -flowered. 1. S. dulcis, L. Annual, smooth; leaves ovate or oblong, toothed, mostly three in a whorl, much longer than the peduncles ; calyx-lobes oblong ; flowers small, white. — South Florida. — Stem 1 ° - 3° high. Leaves £' - 1 £' long. 15. BUCHNERA, L. Calyx tubular, 5-toothed. Corolla salver-shaped, 5-lobed, the lobes wedge- obovate. Stamens 4, didynamous, included : anthers 1 -celled. Style simple, club-shaped at the apex. Capsule coriaceous, straight, loculicidally 2-valved, the valves entire. Seeds numerous, reticulate. — Rough herbs, turning black in withering. Leaves opposite, toothed or entire; the uppermost small, and passing into the bracts of the many-flowered spike. Flowers bjue. SCROPHULARIACE./E. (FIGWORT FAMILY.) 297 1. B. elongata, Swartz. Rough with short rigid hairs; stem mostly simple; leaves entire or slightly toothed, 1 -nerved, or obscurely 3-nerved; the lowest obovate or obovate-oblong, obtuse, the lower stem-leaves narrowly lanceolate ; the uppermost distant, acute ; spikes interrupted, long-peduncled ; flowers opposite or alternate. — Low pine barrens, Florida, Georgia, and west- ward. July and Aug. — Stem 1° - 2° high. Corolla 4" » 5'' long. 2. B. Americana, L. Very rough, with bristly hairs ; stem often branch- ing above ; leaves prominently 3-nerved, mostly toothed ; the lower ones oblong, obtuse, the others lanceolate, acute; calyx-teeth acuminate. — Low pine barrens, Florida to Mississippi, and northward. July and Aug. — Stem 2° - 3° high. Corolla 6'' -7" long. 16. SEYMEBJA, Pursh. Calyx 5-parted. Corolla bell-shaped, 5-lobed, the lobes oblong. Stamens 4, equal, the filaments woolly : anthers oblong, opening at the apex, awnless. Style simple, obtuse. Capsule ovate, flattened above, loculicidally 2-valved. Seeds numerous, covered by the loose hyaline testa. — Chiefly annuals. Stems erect, branching. Leaves opposite, pinnately divided. Flowers yellow, in ter- minal leafy-bracted racemes. 1. S. tenuifolia, Pursh. Smooth or nearly so ; stem with elongated erect-spreading branches ; leaves pinnate, the entire or lobed divisions filiform ; capsule smooth, acute at the base, shorter than the pedicel. — Low pine barrens, Florida to North Carolina, and westward. Aug. and Sept. — Stem 2° -4° high. 2. S. pectinata, Pursh. Viscid-pubescent ; stem with ascending branches ; leaves pinnatifid, the entire obtuse divisions oblong-linear; capsule hairy, obtuse at the base, as long as the pedicel. — Dry sandy soil, Florida to South Carolina, and westward- July - Sept. — Stem 6' - 18' high. 17. MACRANTHERA, Torr. Calyx 5-cleft, the lobes elongated. Corolla cylindrical, 5-toothed ; the teeth reflexed. Stamens 4, equal, long-exserted, woolly : anthers large, oblong, ap- proximate. Style simple, filiform, elongated : stigma minute, flat. Capsule ovate, loculicidally 2-valved, many-seeded. — A tall biennial, with pinnatifid opposite leaves, and showy orange-colored flowers, in terminal leafy racemes. 1. M. fuchsioides, Torr. Smoothish; stem branching, 4-sided ; earliest leaves ovate-oblong, entire ; those of the stem lyrate-pinnatifid, with the lobes denticulate ; the uppermost toothed-serrate ; pedicels slender, recurved, the upper ones longer than the floral leaves; flowers erect: calyx-lobes lanceolate, denticulate, rather shorter than the corolla. — Var. LECONTEI has the shorter and narrower lobes of the calyx entire. (M. Lecontei, Ton*.) — Marshy banks of pine-barren streams, Georgia, Florida, and westward. Sept. and Oct. — Stem 3°-5° high. Earliest leaves 6' -8' long; those of the stem 2' -4' long. Co- rolla 9"- 12" long. — The plant turns black in drying. 298 SCROPHULARIACE^E. (FIGWORT FAMILY.) 18. OTOPHYLLA, Benth. Calyx deeply 5-cleft ; the lobes leafy, unequal. Tube of the corolla dilated upward, sparse-hairy within, the lobes broad and entire. Stamens 4, didyna- mous, included : anthers oblong, awnless ; those of the shorter stamens much smaller. Style elongated, dilated and flattened at the apex, entire. Capsule sub-globose, loculicidally 2-valved, many-seeded. 1. O. Michauxii, Benth. Hairy; stem erect, simple; leaves opposite, lanceolate, entire, sessile ; the upper ones mostly 2-eared at the base ; flowers opposite, in a leafy spike. (Gerardia auriculata, Michx.) — Low ground, Ten- nessee, North Carolina, and northward. Aug. © 1 — Stem rigid, 2° high. Leaves 1 ' - 2' long. Corolla 9" - 1 2" long, purple. 19. DASYSTOMA, Kaf. FALSE FOXGLOVE. Calyx bell-shaped, 5-cleft, the lobes often toothed. Corolla tubular-bell- shaped, woolly within, 5-lobed, the lobes rounded. Stamens 4, didynamous : anthers oblong ; the cells parallel and awned at the base. Style filiform, thick- ened and slightly 2-lobed at the apex. Capsule ovate, acute, loculicidally 2- valved, many-seeded. — Tall herbs, with opposite ovate or oblong mostly pin- nately divided or lobed leaves, and large yellow flowers in a leafy raceme. Fil- aments woolly. 1. D. pubescens, Benth. Pubescent; leaves oblong, obtuse, entire, or the lowest ones pinnatifid ; calyx longer than the pedicel, with oblong obtuse lobes. (Gerardia flava, L.) — Dry woods in the upper districts, Georgia, and northward. July - Sept. 1J. — Stem 2° - 4° high, mostly simple. Leaves narrowed into a short petiole. Corolla 1^' long. 2. D. quercifolia, Benth. Smooth and glaucous ; stem simple or branched ; lowest leaves twice-pinnatifid ; the others pinnatifid, or the uppermost lanceolate and entire ; calyx shorter than the pedicel, with lanceolate or subulate acute lobes. (Gerardia quercifolia, Pursh.) — Rich woods and river-banks, Florida to Mississippi, and northward. July - Sept. ty — Stem 3° - 6° high. Lobes of the leaves toothed. Corolla 2' long, the tube more slender and with smaller lobes than the preceding. 3. D. pedicularia, Benth. Smooth or somewhat pubescent; leaves ovate-lanceolate, pinnatifid ; the lobes finely toothed ; flowers opposite ; calyx shorter than the pedicel; the toothed lobes as long as the tube. (Gerardia pe- dicularia, L.) — Dry sandy soil, chiefly in the upper districts, Mississippi to North Carolina, and northward. July and Aug. — Stem 2° high, much branched. Leaves about 2' long, the lobes numerous and short. Corolla 12" -15" long, with a rather slender tube and short lobes. 4. D. pectinata, Benth. Pubescent or somewhat villous ; leaves lanceo- late or ovate-lanceolate, finely pinnatifid and toothed ; the earliest ones entire ; flowers alternate, scattered on the outside of the ascending branches ; calyx longer than the pedicel ; the pinnatifid lobes longer than the tube. — Dry sand- ridges in the pine barrens, Florida to North Carolina. Aug. and Sept. (2) — SCROPHULARIACE^E. (FIGWORT FAMILY.) 299 Stem 2° -4° high, widely branched. Corolla l£' long, with a wider tube and larger lobes than in No. 3. 20. GERARDIA, L. Calyx bell-shaped, 5-toothed ; the teeth short, acute, entire. Corolla tubular- bell-shaped, 5-lobed, the lobes rounded, spreading ; the throat oblique. Stamens 4, diclynamous, the longer ones commonly woolly : anthers woolly, connivent in pairs ; the cells diverging and pointed at the base. Style slender, dilated, and flattened upward. Capsule ovoid or globose, smooth, loculicidal. Seeds nu- merous, angled, reticulated. — Chiefly slender branching annuals. Leaves oppo- site, or rarely alternate, narrow, entire. Flowers in the axils of the upper leaves, showy, purple ; the tube of the corolla mostly dotted with red and yellow, often woolly at the throat. * Perennial. 1. G. linifolia, Nutt. Smooth; branches elongated, erect; leaves erect, linear ; peduncles as long as the leaves, or the uppermost longer ; calyx truncate, with minute teeth ; lobes of the corolla nearly equal, fringed on the margins ; capsule large (3" wide), globose, one third longer than the calyx. — Low pine barrens, Florida to North Carolina, and westward. Sept. — Stem 2° -3° high. Leaves 1' long. Corolla 1' long, pubescent. * * Annuals. H- Corolla small, the 2 upper lobes short, truncate and erect. 2. G. divaricata, n. sp. Stem 6' -12' high, smooth, widely branched from the base ; leaves all opposite, spreading or reflexed, filiform, roughish on the margins, 1' long ; the uppermost minute ; pedicels all opposite, setaceous, spreading, the upper ones 4-5 times as long as the leaves ; calyx-teeth subulate, one third as long as the tube ; corolla £' long, the lobes ciliate ; capsule ovoid, twice as long as the calyx. — Low sandy pine barrens. West Florida. Sept. 3. G. filicaulis. Stem 6'- 12' long, filiform, reclining, smooth and glau- cous ; branches alternate, setaceous; leaves minute, 1" long, subulate, rough; flowers few, terminal ; calyx-teeth triangular, one fourth the length of the tube ; corolla 4" - 5" long, compressed, the lobes slightly fringed ; capsule globose, one third longer than the calyx. (G. aphylla, var. filicaulis, Benth.?) — Low grassy pine barrens, West Florida. Sept. t- •«- Lobes of the corolla nearly equal, spreading. •w- Pedicels as long, or twice as long, as the calyx, shorter than the leaves. 4. G. aphylla, Nutt. Stem 2° -3° high, smooth, 4-angled, sparingly branched near the summit; leaves minute, l"long, subulate, appressed; flowers mostly alternate, on one side of the spreading branches ; pedicel as long as the calyx ; calyx-teeth minute, obtuse ; corolla £' long, hairy within, the upper lobes reflexed ; capsule globose, 2" long, twice as long as the calyx. — Low sandy pine barrens, Florida to North Carolina, and westward. Sept. 5. G. purpurea, L. Stem l°-3° high, smooth, the branches elongated j leaves opposite, broadly or narrowly linear, rough above, 1'- l£' long; flowers opposite or nearly so, the stout pedicels as long as the calyx ; calyx-teeth con- 300 SCROPHULARIACE.E. (FIGWORT FAMILY.) -10" long, the lobes minutely fiinged; capsule globose, one third longer than the calyx. — Low ground, Florida to Mississippi, and northward. Sept. Var. fasciculata. Stem taller (3° -5°), much branched above, rough; leaves rough on both sides, clustered, the uppermost, like the flowers, alternate ; calyx-teeth more pointed ; corolla larger. ( G. fasciculata, Ell.} — Brackish soil, along the coast, Florida to South Carolina. 6. G. maritima, Raf. Smooth; stem 8' -16' high, 4-angled, with numer- ous short and leafy branches near the base ; leaves fleshy, linear, obtuse, oppo- site, the upper ones small and remote ; pedicels as long as the calyx and the floral leaves ; calyx-teeth short, obtuse ; corolla 6" - 8"- long, slightly oblique at the throat, the upper lobes fringed, and villous within ; capsule globose, twice as long as the calyx. — Salt marshes, Florida, and northward. Var. major. Stem 2° high, much branched ; leaves flat, acute ; floral leaves longer than the pedicels ; calyx-teeth triangular, acute ; corolla and capsule larger. — Brackish marshes, Apalachicola, Florida. — Corolla 1' long. 7. G. setacea, Ell. Very smooth; stem l°-2° high, much branched, slender ; leaves 1' long, setaceous, opposite ; pedicels stout, club-shaped, three times as 'long as the calyx, mostly alternate, or terminating the seta- ceous peduncle-like branchlets ; calyx-teeth short, subulate ; corolla 1 ' long, woolly within, the rounded lobes thickly fringed ; capsule ovoid, barely ex- ceeding the calyx. (G. Plukenetii, Ell. ?) — Damp or dry sandy pine barrens, Florida to South Carolina. Sept. •w- -M- Pedicels much longer than the calyx, commonly longer than the leaves. 8. G. tenuifolia, Vahl. Stem smooth, l°-l£° high, much branched; leaves linear, smooth, or rough on the margins, 1'- l£' long; pedicels filiform, about as long as the leaves, opposite ; calyx-teeth broadly subulate, ^ as long as the tube ; corolla ^' long ; capsule globose, as long as the calyx, — Var. FILI- FORMIS. Stem and pedicels rough ; leaves filiform, clustered ; corolla larger (I' long). — Light soil, Florida to Mississippi, and northward. Sept. 9. G. filifolia, Nutt. Stem 1° - 2° high, much branched, smooth ; leaves very numerous, all alternate and clustered, smooth, fleshy and somewhat club- shaped ; pedicels alternate, twice as long as the leaves ; calyx-teeth subulate, one fourth the length of the 5-angled tube ; corolla |' long ; capsule ovoid, as long as the calyx. — Low sandy pine barrens, Georgia and Florida. Sept. 10. G. parvifolia. Stem rough, striate, 12' -18' high, the slender branches erect; leaves 4" -6" long, opposite or alternate, linear, very rough, rather ob- tuse; pedicels filiform, 2-4 times as long as the minute floral leaves; calyx- teeth minute, obtuse; corolla £' long, pale purple or white. (G. setacea, var. parvifolia, Benth.?) — Grassy margins of ponds, Florida, and westward. Sept. — Unlike the other species, this remains unchanged in drying. 21. CASTILLEIA, L. Calyx tubular, compressed, cleft at the summit ; the lobes entire or 2-cleft. Tube of the corolla included in the calyx ; the upper lip long, narrow, curved, SCROPHULARIACE^. (FIGWORT FAMILY.) 301 laterally compressed, and enclosing the four didynamous stamens ; the lower lip short, 3-lobed : anther-cells oblong-linear, unequal ; the outer one fixed by the middle, the inner pendulous. Capsule loculicidal, many-seeded. — Herbs, with alternate entire or incisely-lobed leaves, the uppermost colored. Flowers in leafy spikes or racemes. 1. C. COCCinea, Spreng. Stem hairy; radical leaves clustered, nearly entire ; those of the stem pinnatifid, with the lobes linear ; the floral ones 3- fbbed, bright scarlet at the summit; corolla greenish-yellow. — Damp soil in the upper districts. June - Aug. (2) — Stem 1 ° - 1 £° high. 22. SCHWALBEA, L. Calyx tubular, oblique, 10- 12-ribbed, 4-toothed, the upper tooth very small, the lowest elongated, 2-cleft. Corolla bilabiate ; the upper lip oblong, arched, enclosing the four didynamous stamens; the lower rather shorter, obtusely 3-lobed : anther-cells parallel, equal. Capsule oblong, acute, loculicidally 2-valved, many-seeded. 1. S. Americana, L. — Sandy pine barrens, Florida .to Mississippi, and northward. May and June. 1J. — Stem simple, 1° - 1£° high, pubescent. Leaves alternate, lanceolate, entire, sessile; the lower ones oblong, the uppermost linear, small. Flowers in a spiked raceme. Corolla 1' long, yellow and purple. 23. PEDICULARIS, L. Calyx tubular, more or less cleft at the apex, variously 2 - 5-toothcd. Corolla bilabiate ; the upper lip compressed, curved and bearded at the apex, enclosing the 4 didynamous stamens; the lower lip 2-crcsted above, 3-lobed, with the lateral lobes larger and rounded : anthers transverse. Capsule ovate or lanceo- late, compressed, the upper portion empty. — Herbs, with finely and pinnately divided leaves. Flowers in leafy racemes or spikes. 1. P. Canadensis, L. Stem simple, hairy (6' -9' high); leaves alter- nate, smooth, oblong or lanceolate, pinnatifid ; the lobes oblong, simply or doubly crenate ; spike dense, capitate, elongated in fruit ; corolla pale yellow and purple ; the upper lip hooked, 2-awned under the apex ; capsule lanceolate, exsertcd. — Shady woods and banks, Florida to Mississippi, and northward. March and April. 1J. — Stem bearing slender leafy and rooting runners. Fruit- ing spike 3' -5' long. 2. P. lanceolata, Michx. Stem tall (l°-3°), smooth, simple or spar- ingly branched ; leaves nearly opposite, lanceolate, pinnately toothed, the teeth crenate ; spike dense ; corolla pale yellow, the upper lip curved, awnless, the lower erect ; capsule ovate, scarcely exserted. — Swamps on the mountains of North Carolina, and northward. Aug. and Sept. 24. MELAMPYRUM, Tourn. Calyx bell-shaped, with 4 subulate teeth. Corolla bilabiate ; the tube dilated above ; the upper lip short, compressed, obtuse, straight ; the lower rather longer, 26 302 ACANTHACEJE. (ACANTHUS FAMILY.) spreading, biconvex, with three short lobes. Stamens 4, didynamous, under the upper lip : anthers approximate, oblong, hairy ; the cells nearly equal, slightly pointed at the base. Ovary with 2 ovules in each cell. Capsule compressed, oblique, loculicidally 2-valved, 1 - 4-seeded. — Annual herbs, with opposite lan- ceolate or linear leaves, and solitary axillary flowers. 1. M. Americanum, Michx. Stem naked below, leafy and commonly branched above the middle ; leaves lanceolate, entire, short-petioled ; the upper ones broader and sharply toothed at the base ; flowers greenish-yellow. — Dry woods along the mountains, Georgia, and northward. Aug. — Stem 6' -12' high. Leaves 2' long. Flowers 4" - 5" long. ORDER 92. ACANTHACE^E. (ACANTHUS FAMILY.) Chiefly herbs, with opposite (rarely alternate or clustered) undivided exstipulate leaves, and bracted, often showy flowers. — Calyx 5-parted. Corolla more or less bilabiate, 5-lobed, twisted in the bud. Fertile sta- mens 2 or 4, inserted on the tube of the corolla: anthers 2-celled. Ovary free. Style single : stigma entire or 2-lobed. Capsule loculici- dally 2-valved, 2-celled, 4 - several-seeded, opening elastically. Seeds anatropous, flat, rounded, without albumen, mostly supported by curved appendages of the placentae. Radicle inferior. — Stems commonly swol- len between the joints. Synopsis* * Capsule oblong, bearing the seeds at the base. Appendages of the placentae none. 1. ELYTRARIA. Spike borne on a closely-bracted scape. Leaves radical. * * Capsule club-shaped, bearing the seeds above the base, appendaged. 2. DIPTERACANTHUS. Corolla nearly regular. Stamens 4. Flowers axillary, solitary clustered. • 3. DIANTHERA. Corolla bilabiate. Stamens 2. Cells of the anthers placed one lower than the other.' Flowers in long-peduncled axillary spikes. 4. DICLIPTERA. Corolla bilabiate, resupinate. Stamens 2. Cells of the anthers placed one behind the other. Flowers in leafy -bracted heads or clusters. 1. ELYTEABIA, Vahl. Calyx 4 -5-parted, the lateral lobes narrower. Corolla salver-shaped bilabiate, 5-lobed. Fertile stamens 2, the 2 anterior ones sterile : anther-eel parallel. Stigma 2-cleft. Capsule sessile, about 8-seeded ; the seeds fixed ne* the base of the capsule, without appendages. — Low herbs. Leaves all radic clustered. Scape covered with imbricated bracts. Flowers spiked, 2-bracted. 1. E. virgata, Michx. Leaves oval or oblong, narrowed downwar entire or wavy on the margins, smooth or pubescent; bracts of the scape alternate, rigid, lanceolate, acuminate, clasping; those of the spike ovate; corolla white, salver-shaped, the lobes nearly equal ; capsule cylindrical. — Banks of rivers, Florida to South Carolina. Aug. 1J. — Scapes 6'- 12' high. Leaves 2' - 4' long. ACANTHACE.E. (ACANTHUS FAMILY.) 303 Nfv 2. DIPTERACANTHUS, Nees. Calyx 2-bracted, 5-parted, with linear or bristle-like lobes. Corolla funnel- shaped, 5-lobed; the lobes equal, rounded. Stamens 4, didynamous, included : anthers sagittate. Style simple, or 2-cleft at the apex. Capsule narrowed below the middle, flattened contrary to the partition, 4 - 12-seeded. Seeds borne above the middle, supported by curved appendages of the placentas. — Perennial herbs, with tumid joints, entire opposite leaves, and axillary solitary or clustered nearly sessile flowers. Corolla white, blue, or purple. § 1. CALOPHANES. — Anther-cells pointed at the base: style simple: capsule i-seeded. 1. D. Oblongifolius. Pubescent and somewhat hoary; stem 4-angled, erect from a creeping base, simple or sparingly branched ; leaves nearly sessile, oval or obovate, obtuse, the upper ones narrower and often acute ; flowers soli- tary or 2 - 3 in a cluster ; calyx-lobes subulate-setaceous, as long as the oblong bracts, and tube of the spotted purple corolla. (Ruellia oblongifolia, Michx.) — Dry sandy pine barrens, Florida to South Carolina, and westward. June- August. — Stem 6' -12' high. Leaves £'-!' long. Corolla 1' long, rather exceeding the leaves. 2. D. riparius, n. sp. Stem minutely pubescent, erect from a creeping base, simple, slender ; leaves smooth, membranaceous, oblong, obtuse, slightly crenate, tapering into a long and slender petiole ; flowers clustered, sessile ; calyx-lobes subulate-setaceous, shorter than the spatulate-oblong bracts ; corolla white, 3-4 times shorter than the leaves. — Shady banks of Little River, Middle Florida. June and July. — Stems l°-l£° high. Leaves !'-!£' long. Co- rolla £' long. 3. D. humistratus. Stem smooth, diffuse, creeping ; leaves oblong-oval, entire, narrowed into a petiole ; flowers nearly sessile, solitary or 2 - 3 in a clus- ter ; bracts oblong-spatulate, shorter than the setaceous calyx-lobes ; capsule lanceolate, smooth. (Ruellia humistrata, Mchx.) — Grassy places, Florida to South Carolina. — Plant small. Leaves £' long. 4. D. linearis, Torr. & Gray. Small, rough-pubescent; stem prostrate, diffuse, very leafy ; leaves oblong-linear, entire, narrowed toward the base, ob- tuse ; calyx-lobes setaceous, hairy ; bracts similar to the leaves ; capsule oblong, 4-angled, at length 4-valved, 2 - 4-seeded. — South Florida. — Stem 6' long. Leaves 4" -6" long. $ 2. DIPTERACANTHUS. — Anther-cells pointless : style 2-clejt at the apex : capsule 8 -12-seeded. 5. D. ciliosus, Nees. Hirsute with white hairs ; leaves oval or ovate- oblong, nearly sessile ; flowers solitary or 2-3 in a cluster; tube of the corolla twice as long as the setaceous calyx-lobes, and much longer than the short funnel-shaped throat; capsule smooth. (Ruellia ciliosa and R. hybrida, Pursli.) — Dry soil, Georgia, near Savannah, Pursh., and westward. July and Aug. — Stem varying from a few inches to 3° high. Leaves l'-2' long. Corolla 2' long, pale blue. 304 ACANTHACEJE. (ACANTHUS FAMILY,) 6. D. Strepens, Nees. Smooth, pubescent, or hairy ; leaves varying from lanceolate to orbicular, mostly narrowed into a petiole ; flowers sessile or pedun- cled ; tube of the corolla barely longer than the linear or linear-lanceolate hairy calyx-lobes, and about the length of the funnel-shaped throat ; capsule smooth. (Ruellia strepens, L.) — Diy rich soil, Florida, and northward. June - Sept. — Stem 2' -3° high. Leaves l'-4' long. Corolla l'-2' long, blue or purple. A polymorphous species. Later flowers sometimes fruiting in the bud. 7. D. noctiflorus, Nees. Closely pubescent ; stem simple, rigid ; leaves oblong or lanceolate, sessile, entire or slightly toothed ; flowers solitary, pedun- cled ; corolla large ; the elongated tube twice as long as the linear hairy calyx- lobes ; capsule pubescent. — Low grassy pine barrens, Florida, Georgia, and westward. July and Aug. — Stem 1° high. Corolla 2' -4' long, white. 3. DIANTHEBA, Gronov. Calyx 5-parted. Corolla bilabiate ; the upper lip emarginate ; the lower 3- lobed, rugose or veiny in the middle, spreading. Stamens 2 : anther-cells sep- arated, one placed lower down than the other. Stigma simple, acute. Capsule flattened, narrowed downward, bearing the seeds above the middle. Seeds mostly 4, supported by the appendages of the placenta. — Perennial smooth herbs, with opposite entire leaves, and short-bracted mostly alternate flowers in long-peduncled axillary spikes. 1. D. Americana, L. Stem tall, angled ; leaves long, linear-lanceolate ; spikes oblong, dense or somewhat capitate, on peduncles as long as the leaves. (Justicia ensifonnis, Ell.? J. pedunculosa, Michx.) — In slow-flowing streams, South Carolina, and northward. July and Aug. — Stem 2° high. Leaves and peduncles 4' -6' long. Spike ^' long. Flowers pale purple. 2. D. OVata, "Walt. Stem low (4' - 8' high), 4-angled ; leaves ovate-lance- olate, rather acute, narrowed into a short petiole ; the lowest small, lanceolate ; spikes 3 - 4-flowered, on simple peduncles shorter than the leaves ; corolla small, pale purple, the lower lip striped with deeper lines. (Justicia humilis, Michx.) — Muddy banks of streams, Florida to South Carolina. — Leaves 2' -4' long, 1'- \# wide. Var. lanceolata. Stem taller (l°-l£°); leaves smaller, lanceolate, acu- minate, nearly sessile ; peduncles longer than the leaves ; spikes many-flowered, 1-sided, often branching. — River-banks, Florida. July. Var. ? angusta. Leaves linear or linear-lanceolate, reflexed, the lower ones very remote; peduncles as long as the leaves; spikes several-flowered, the lower flowers often opposite. — Pine-barren ponds, Florida. May. — Stem 1° high. Leaves 1' - 2' long. Corolla 4" - 5" long. 3. D. crassifolia, n. sp. Stem rigid, angled ; leaves fleshy, linear, chan- nelled, acute ; the lower distant, small and obtuse ; peduncles stout, erect, longer than the leaves, exceeding the stem ; spike few-flowered ; corolla large, bright purple ; the lower lip striped with deeper lines ; capsule 2-seeded ; seeds circular, smooth. — "Wet pine barrens, Apalachicola, Florida. April and May. — Stem 6' - 12' high. Leaves 4' - 6' long. Peduncles 4' - 9' long. Corolla and capsule 1' long. VERBENACEJL. (VERVAIN FAMILY.) 305 4. DICLIPTEBA, Juss. Calyx 5-parted, mostly leafy-bracted. Corolla bilabiate, mostly reversed ; tho lower lip 3-lobed ; the upper 2-cleft or entire. Stamens 2 : anther-cells equal, one placed behind tho other. Capsule oblong or oval, bearing 2 or 4 seeds be- low the middle ; the partitions at length free from the valves. — Herbs, with sim- ple leaves, and purple, scarlet, or white flowers in axillary and terminal heads or spike-like cymes. 1. D. brachiata, Spreng. Smooth or nearly so; stem 6-angled, with numerous spreading branches ; leaves thin, oblong-ovate, acuminate, abruptly contracted into a long and slender petiole; spikes solitary or 2-3 together, interrupted, unequal ; bracts oblong, mucronate, narrowed at the base, at length inflated ; corolla small, purple. (Justicia brachiata, Pursh.) — River-banks, Florida to North Carolina. July and Aug. — Stem 1° - 2° high. 2. D. Halei, Riddell. Stem tomentose, mostly simple ; leaves ovate-lan- ceolate, acuminate but rather obtuse, tapering into a petiole, sprinkled on the upper surface and veins beneath with very short hairs ; the lower ones smaller and obtuse; spikes axillary and terminal, short-peduncled, leafy at the base, compact, few-flowered; bracts oblong or oval, mucronate, short-stalked, and, like the linear-spatulate bracteoles, and subulate calyx-lobes, fringed with long hairs; capsule oval, 4-seeded. (Justicia Isetevirens, Buckley? Rhytoglossa viridiflora, Nees.) —Shady banks of rivers, Florida, and westward. June- September. — Stem £°-2° high. Leaves 2' - 4' long. Corolla 4" -5" long, white. 3. D. assurgens, Juss. Smooth or minutely pubescent; stem angled, much branched ; leaves elliptical, acute, on slender petioles ; flowers mostly single, scattered in 1 -sided spike-like cymes ; bracts small, unequal, the interior ones subulate, the exterior larger and somewhat spatulate ; calyx-lobes subulate, unequal ; corolla (scarlet) curved, nearly equally 2-lipped ; the upper lip entire, the lower minutely 3-toothed ; anthers slightly exscrted ; style hair-like, elon- gated. — South Florida. — Stem 1° - 2° high. Leaves 1' - 2' long. Corolla 9" - 12" long. • ORDER 93. VERBENACEJE. (VERVAIN FAMILY.) Chiefly herbs or shrubs, with 4-angled mostly rough stems, and oppo- site and exstipulate leaves. Flowers spiked, capitate, or cymose. — Ca- lyx 4 - 5-cleft or parted, free. Corolla regular and salver-shaped, or more or less bilabiate, 4 - 5-lobed. Stamens 4-5, inserted on the tube of the corolla : anthers 2-celled. Ovary entire, 1 - 8-celled, with 1 or (in Avi- cennia) 2 ovules in each cell. Style simple, terminal. Fruit dry or bac- cate, 1 - 8-celled, commonly separable into as many 1-seeded indehiscent nutlets. Albumen scarce or none. Embryo straight. 26* 306 VERBENACEuE. (VERVAIN FAMILY.) Synopsis. TRIBE I. VERBENE.33. — Ovule solitary, erect from the base of the cell, anatropous. Radicle pointing downward. Flowers in spikes or heads. * Herbs. Fruit dry. 1. PRIVA. Stamens 4. Fruit of 2 two-celled nutlets, enclosed in the inflated calyx. 2. VERBENA. Stamens 4. Fruit of 4 one-celled nutlets. Fruiting calyx not inflated. 3. STACHYTARPHA. Stamens 2. Fruit of 2 one-celled nutlets, imbedded in excavations of the thickened rachis. 4. LIPPIA. Stamens 4. Fruit of 2 one-celled nutlets. Flowers capitate. * * Shrubs. Fruit fleshy or pulpy. 5. LANTANA. Fruit of 2 one-celled nutlets. Flowers capitate. 6. CITHAREXYLUM. Fruit of 2 two-celled nutlets surrounded by the cup-shaped calyx. Flowers spiked. 7. DURANTA. Fruit of 4 two-celled nutlets enclosed in the beaked calyx. TRIBE II. VITE.S2. — Ovule solitary, suspended from the inner angle of the cell, am- phitropous. Radicle pointing downward. Flowers in cymes. Fruit baccate. 8. CALLICARPA. Fruit of 4 separate 1-celled nutlets. Shrubs. TRIBE III. A VICENNI.2E. — Ovules by pairs, suspended from the apex of the cell, amphitropous. Radicle pointing downward. Flowers in imbricated spikes or heads. Fruit capsular. 9. AVICENNIA. Embryo large, germinating within the capsule. Trees. TRIBE IV. PHRYME^E. — Ovule solitary, erect from the base of the 1-celled ovary, orthotropous. Radicle pointing upward. Cotyledons convolute around their axis. Flowers in elongated slender spikes. Fruit a caryopsis. 10. PHRYMA. Corolla bilabiate. Stamens 4, didynamous. Fruit reflexed. 1. PRIVA, Adans. Calyx tubular, 5-toothed. Corolla salver-shaped, 5-cleft. Stamens 4, didy- namous, included. Ovary 4-celled. Style persistent. Fruit dry, separating into two 2-celled spiny-angled nutlets, and included in the inflated membrana- ceous calyx. — Perennial herbs, with serrate petioled undivided leaves, and mi- nute flowers in a loose slender spike. 1. P. echinata, Juss. Smooth or hispid ; stem branching ; leaves cordate- ovate, acute, coarsely sen-ate; flowers alternate; fruiting calyx bristly with hooAd hairs, ovoid ; fruit ovate, 4-angled, the angles armed with tubercular spines, pointed by the persistent bent style. — South Florida. — Leaves l'-2' long. Spikes 6' - 9' long, terminal and in the forks of the stem. 2. VERBENA, L. VERVAIN. Calyx tubular, 5-ribbed, 5-toothed. Corolla salver-shaped, bearded in the throat ; the limb somewhat bilabiate, 5-lobed. Stamens 4, didynamous, included. Stigma 2-lobed. Ovary 4-celled. Fruit of 4 separate 1 -seeded nutlets. — Herbs, with serrate or pinnately divided leaves, and mostly small flowers in lengthen- ing slender spikes. VERBENACEJ3. (VERVAIN FAMILY.) 307 * Anthers of the longer stamens tipped with a gland-like appendage : flowers showy. 1. V. Aubletia, L. Hairy; stem creeping at the base, ascending, fork- ing ; leaves ovate-oblong, 3-cleft, with the lobes toothed, narrowed into a slender petiole ; the lower ones smaller, rounded, toothed ; spikes terminal and in the forks of the stem, long-peduncled, closely flowered ; calyx long, slender, the unequal teeth subulate ; corolla showy, purple. — Dry light soil, Florida to South Carolina, and westward. May- August. — Stem 6'- 12' high. Corolla i' long. * * Anthers without appendages : flowers small. •«- Leaves undivided. 2. V. urticifolia, L. Rough-hairy ; stem tall, branching ; leaves ovate- oblong, acute or acuminate, mucronate-serrate, contracted at the base into a long petiole ; spikes very long, filiform, axillary and terminal ; flowers minute, white or pale blue. — Low ground, Florida to Mississippi, and northward. Aug. - Oct. — Stem 2° - 5° high. Leaves very rough, 2' - 6' long. 3. V. hastata, L. Rough-hairy ; stem branching ; leaves oblong-lanceo- late, acuminate, coarsely and sharply serrate, tapering into a long petiole ; the lowest broader, and often hastate-lobed at the base ; spikes linear, short, close- flowered; flowers violet. (V. paniculata, Lam.) — Low ground, in the upper districts, Mississippi, and northward. July - Sept. — Stem 2° - 3° high. Flowers larger than in No. 2. % 4. V. angustifolia, Michx. Rough-hairy ; stem simple or branched above; leaves lanceolate or linear-lanceolate, rather obtuse, coarsely serrate, tapering from near the apex to the sessile base ; spikes linear, terminal, close- flowered ; flowers purple. — Dry woods, Florida to Mississippi, and northward. July -Sept. — Stem 6' -12' high. Flowering spikes 2' -3' long. 5. V. Caroliniana, Michx. Rough with short rigid hairs ; stem simple, ascending ; leaves oblong, or the lowest oblong-obovatd, acute or obtuse, sharply and doubly serrate, entire toward the narrowed base, sessile ; spikes 1-3, elon- gated ; flowers flesh-color. — Dry pine barrens, Florida to South Carolina, and westward. Aug. — Stem 4' -6' high, shorter than the spikes. Leaves l'-2' long. Nutlets tardily separating. •H- -»- Leaves pinnatifid. 6. V. officinalis, L. Stem smoothish, erect, branching ; leaves lanceo- late or oblong, pinnately lobed or toothed, narrowed and entire near the base, sessile, pubescent beneath ; spikes linear or filiform, panicled ; bracts shorter than the calyx ; flowers purple. (V. spuria, L.) — Waste ground, chiefly in the upper districts. Introduced. July and Aug. — Stem 1° - 3° high. 7. V. canescens, Kunth ? Hirsute and hoary ; stems numerous, pros- trate, diffuse ; leaves small, pinnately toothed or lobed, oblong, narrowed into a petiole ; spikes terminal, dense ; bracts linear, entire, spreading, much longer than the flowers, the lower ones recurved ; flowers purple. — Streets of Apa- lachicola, Florida, and along the Central Railroad in the middle districts of Georgia. Aug. — Stems 4' - 6' long. Spikes 3' - 6' long. Leaves 6'' - 9" long. 308 VERBENACE^E. (VERVAIN FAMILY.) 3. STACHYTARPHA, Vahl. Calyx tubular, compressed, 5-toothed. Corolla salver-shaped, 5-cleft, hairy in the throat. Stamens 4, didynamous, the upper pair sterile. Ovary 2-celled. Stigma capitate. Fruit of two 1 -celled 1 -seeded nutlets. — Herbs or shrubs, with 4-angled forking stems, and opposite undivided leaves. Flowers in straight and rigid spikes, imbedded in excavations of the thickened rachis, and covered by the imbricated bracts. 1. S. Jamaicensis, Vahl. Herbaceous, smoothish; stems ascending; leaves oblong, coarsely serrate, tapering into a slender margined petiole ; spikes linear, terete, elongated ; bracts lanceolate, acuminate, appressed, with scarious rough margins; flowers small, blue. — South Florida. — Leaves 2' -4' long. Spikes 8' -12' long. 4. LIPPIA, L. Calyx tubular, membranaceous, 2 - 4-toothed. Corolla tubular-funnel-shaped, somewhat bilabiate. 5-cleft. Stamens 4, didynamous, included. Ovary 2-celled, 2-ovuled. Style short : stigma obliquely capitate. Fruit of two 1 -seeded sepa- rable nutlets. — Herbs, with 4-angled stems, opposite or whorled simple leaves, and small flowers in dense spikes or heads. 1. L. nodiflora, Michx. Stem creeping, finely pubescent, the flowering branches erect ; leaves obovate, oblong, or lanceolate, rough, tapering and entire below the middle, serrate above ; heads dense, globose in flower, oblong or cylindrical in fruit, on axillary peduncles which are 2-3 times as long as the leaves; flowers white or purple. (Zapania nodiflora, Lam.}— Damp sandy soil near the coast, Florida to Mississippi, and northward. May - Sept. — Flowering stems 6'- 12' high. Leaves 1' long. 5. LANTANA, L. Calyx minute, slightly 4-toothed. Corolla bilabiate ; the upper lip notched or entire ; the lower 3-lobed. Stamens 4, didynamous, included. Style short : stigma oblique. Fruit fleshy or berry-like, of two mostly rugose or tuberculate 1-seeded nutlets, enclosed in the enlarged membranaceous calyx. — Shrubs,. with simple rugose serrate leaves, and axillary peduncled capitate bracted flowers. 1. L. involucrata, L. Var. Floridana. Stem much branched, pu- bescent; leaves small (£'- 1'), oval or obovate, crenate, rounded at the apex, densely pubescent when young, at length rough above, contracted into a slender petiole ; peduncles 2-3 times as long as the leaves, the upper ones corymbose ; heads small; bracts ovate, as long as the tube of the small (2" -3") white? corolla ; the outer ones empty and narrower, involucrate. — South Florida. 2. L. Camara, L. Stem pubescent, hirsute, or spiny; leaves ovate- oblong, acuminate, crenate, short-petioled, very rough above, pubescent beneath; peduncles as long as the leaves ; bracts lanceolate, half as long as the tube of the yellow corolla; involucre none. — St. Mary's, Georgia, Elliott, June -Nov. — Shrub 2° - 4° high. Leaves 2' long. VERBENACE^E. (VERVAIN FAMILY.) 309 6. CITHAREXYLTJM, L. Calyx cup-shaped or somewhat tubular, slightly 5-toothed. Corolla salver- shaped, 5-lobcd, the throat pubescent. Stamens 4-5, included : anthers sagit- tate. Ovary 4-celled. Style thickened upward : stigma notched. Drupe juicy, of two 2-seeded bony nutlets, partly included in the enlarged indurated calyx. — Trees or shrubs, with entire mostly glandular-petioled leaves, and small flowers in slender spikes or racemes. 1. C. villosum, Jacq. Branches 4-angled, hairy or tomcntose ; leaves somewhat coriaceous, oblong or oblong-obovatc, obtuse, entire, tomcntose and pale beneath, roughened and shining above, narrowed into a short biglandular petiole ; spikes declining, loose-flowered ; corolla smooth externally, the tube as long as the calyx, the lobes rounded or notched ; stamens 4 ; drupe globose, half included in the enlarged calyx. — South Florida. — Leaves 2' - 5' long. Spikes 2' - 4' long. Corolla 2" long. Drupe 4" in diameter. 7. DUBANTA, L. Calyx tubular, 5-ribbed, 5-toothed. Corolla somewhat bilabiate, pubescent in the throat ; the upper lip 2-lobed ; the lower 3-lobed. Stamens 4, included. Ovary 8-celled. Style short : stigma oblique. Drupe baccate, of four 2-seeded bony nutlets, included in the enlarged beak-pointed calyx. — Shrubs. Leaves opposite or whorled, entire, dotted. Flowers showy, in axillary and terminal racemes. 1 . D. Plumieri, Jacq. Spineless or spiny ; branches and racemes pubes- cent; leaves oblong or obovate, obtuse, entire, or serrate near the apex, tapering into a slender petiole ; racemes curving, loose-flowered ; lower bracts leafy ; drupe globose. — South Florida. — Leaves 1'- 2' long. Corolla 5" long, lilac. Drupe yellow. 8. CALLICABPA, L. FRENCH MULBERRY. Calyx small, cup-shaped, 4-toothed. Corolla funnel-shaped, 4-cleft. Sta- mens 4, equal, exserted. Ovary 4-celled. Style slender; stigma capitate. Drupe baccate, of four separate 1 -seeded nutlets. — Shrubs, with a glandular or scurfy mostly stellate pubescence. Leaves opposite, undivided, serrate, petioled. Flowers in axillary forked cymes. 1. C. Americana, L. Branches and leaves scurfy ; leaves ovate-oblong, acute at each end, crenate-serrate, rough above, hoary beneath, becoming smooth- ish ; cymes many-flowered, as long as the petioles ; corolla blue ; drupe purple. — Dry open woods, Florida to North Carolina, and west to Mississippi. June and July. — Shrub 3° - 8° high. Leaves 4' - 6' long. 9. AVICENNIA, L. Calyx of 5 imbricated concave sepals. Corolla bell-shaped, 5-lobed. Sta- mens 4, equal, exserted : anthers 2-celled. Ovary 2-celled, with two collateral amphitropous suspended ovules in each cell. Style short or none. Capsule 310 LABIATJE. (MINT FAMILY.) ovate, coriaceous, indehiscent. Embryo large, naked, germinating within the capsule. — Low evergreen trees, with extensively creeping roots, forming impen- etrable thickets on the muddy shores of the sea. Leaves opposite, entire, smooth above, hoary and velvety beneath. Flowers in dense heads, on axillary and terminal peduncles. 1. A. Oblongifolia, Nutt. ? Tomentose throughout, except the upper surface of the rigid oblong obtuse short-petioled leaves ; peduncles three together, terminal, shorter than the leaves ; heads oval ; sepals and bracts orbicular ; co- rolla tomentose on both sides ; style exserted. — Key West. Oct. — Branches terete. Leaves 2' -3' long. Peduncles 4-angled. Heads £' long. Corolla 3" long. 2. A. tomentosa, Jacq. Leaves obovate-elliptical, very obtuse, tapering into a petiole, smooth above, white-tomentose beneath ; spikes short, the lower flowers mostly scattered ; corolla-lobes truncate, silky below, smooth above ; stigma nearly sessile. — South Florida. NuttaU. — Leaves 3' long. Corolla white. 10. PHBYMA, L. LOPSEED. Calyx tubular, bilabiate ; the upper lip of 3 bristle-pointed teeth ; the lower shorter, 2-cleft. Corolla bilabiate; the upper lip notched, the lower longer, 3- lobed. Stamens 4, didynamous, included. Style slender : stigma 2-cleft. Fruit oblong, pointed by the persistent style. — A perennial branching pubescent herb, with opposite ovate or oblong coarsely-serrate long-petioled leaves, and small opposite purplish flowers in a slender terminal spike. Fruit reflexed. 1. P. leptOStachya, L. — Eich shaded soil, Florida to Mississippi, and northward. July and Aug. — Stem l°-3° high, tumid above the joints. Leaves 3' -5' long. ORDER 94. LABIAT^E. (MINT FAMILY.) Herbs or shrubs, with opposite 4-angled branches, and opposite exstip- ulate leaves. Flowers opposite, solitary, or oftener in close axillary spiked or capitate cymes (whorls). Calyx 3 - 10-cleft or toothed. Corolla more or less bilabiate, 4 - 5-lobed. Stamens inserted on the tube of the corolla, diandrous or didynamous. Ovary 4-cleft or 4-parted, the lobes surround- ing the base of the single style. * Ovule solitary, erect, anatropous. Fruit of 1 - 4 one-seeded nutlets. Albumen scarce or none. Embryo straight or (in Scutellaria) curved. Radicle short, inferior. — Plants commonly dotted with minute glands, which are filled with an aromatic volatile oil. Synopsis. TRIBE I. OCIMOIDE£3. — Stamens 4, didynamous ; the lower pair longer, reclining on the lower lobe of the corolla. Anthers 2-celled. Nutlets smooth, distinct. 1. OCIMUM. Upper lobe of the calyx broad, decurrent. Lobes of the corolla nearly equal. 2. HYPTIS. Calyx-teeth nearly equal. Lowest lobe of the corolla longest, saccate, bent downward. LABIATJE. (MINT FAMILY.) 311 TRIBE II. S ATUREIE^E. — Stamens 2 or 4, straight and spreading, or connivent under the upper lip ; the upper pair shorter, or abortive. Anthers 2-celled. Nutlets smooth, distinct. * Corolla-lobes nearly equal. Stamens distant 8. MENTHA. Fertile stamens 4. Whorls spiked. Nutlets obtuse. 4. LYCOPUS, Fertile stamens 2. Whorls axillary. Nutlets truncate. * # Corolla 2-lipped. Stamens straight, distant, spreading. 5. CUNILA. Stamens 2. Calyx equally 5 toothed, hairy in the throat. 6. PYCNANTIIEMUM. Stamens 4. Calyx 2 lipped or 5-toothed, naked in the throat 7. COLLINSONIA. Stamens 2 or 4. Calyx 2-lipped, the upper lip truncate, 3-toothed. Co- rolla fimbriatc. * * * Corolla 2-lipped. Stamens ascending and spreading above, or connivent under the upper lip. •«- Fertile stamens 2 , the two sterile ones small. 8. IIEDEOMA. Calyx 13-nerved, 2 lipped ; the lower lip hispid. *• -i- Fertile stamens 4. Calyx 13-nerved. 9. MICROMERIA. Calyx-teeth nearly equal. Flowers solitary. Low herbs. 10. CALAMINTHA. Calyx 2-lipped. Flowers in cymes. Anthers awnless. Chiefly shrubs. 11. DICERANDRA. Calyx 2-lipped. Anther-cells awned. Branching annuals. 12. MELISSA. Calyx tubular-bell-shaped, flattened on the upper side. Tube,of the corolla curved upward. TBIBE IH. MONARDEJE. —Stamens 2, ascending and parallel. Anthers l-celjed, or with 2 confluent cells. Calyx and corolla 2-lipped. Nutlets smooth, distinct. 13. SAL VIA. Connective of the anther elongated, oblique j the upper cell fertile ; the lower abortive or wanting. 14. MONARDA. Anther 2-celled, the cells confluent. Calyx-teeth equal. 15. BLEPHILIA. Anther 2-celled, the cells confluent. Calyx 2-lipped; the upper teeth awned. TBIBB IV. NEPETE JE. — Stamens 4, the upper pair longer. Nutlets smooth, distinct 16. LOPHANTIIUS. Upper stamens curving downward ; the lower ascending. Anther-cella parallel. 17. NEPETA. Stamens all ascending. Anther-cells diverging. 18. CEDRONELLA. Stamens all ascending. Anther-cells parallel. TEIBE V. STACK YDE<K.— Stamens 4; the lower pair longer, parallel, ascending. Upper lip of the corolla concave or keeled. Calyx 3 - 10-toothed or lobed. Nutlets smooth, distinct. * Calyx 2-lipped, closed in fruit. 1&. BRUNELLA. Lips of the calyx toothed. Flowers 3 in a cluster, spiked. 20. SCUTELLARIA. Lips of the calyx entire; the upper one appendaged. Flowers single, opposite. * * Calyx not 2-lipped ; the teeth or lobes spineless. 21. MACBRIDEA. Calyx 3-lobed. Flowers capitate, in crowded 4-flowered whorls. 22. PHYSOSTEGIA. Calyx 6-toothed. Flowers opposite, spiked. Nutlets 3-angled. 23. LAMIUM. Calyx 5-toothed. Flowers in axillary cymes. Nutlets truncated. # * * Calyx not 2-lipped ; the teeth rigid or spiny. 24. MARRUBIUM. Calyx-teeth 10, nearly equal. Stamens included. Herbs woolly. 25. LEONOTIS. Calyx-teeth 8 - 10, very unequal. Stamens exserted. Whorls globose. 26. LEONURUS. Calyx-teeth 5. Nutlets obtuse, not truncate. Leaves incisely lobed. 27. STACHYS. Calyx -teeth 5. Nutlets truncate, sharp-angled. Leaves undivided. TRIBE VI. A JVGEJE. — Stamens 4, ascending, parallel, exserted. Nutleta reticulated and pitted, their bases partially united within. * Stamens barely exserted, nearly equal. 28. ISANTHUS. Lobes of the corolla and calyx nearly equal. Peduncles 1 - 3-flowered. 312 LABIATJE. (MINT FAMILY.) * * Stamens long-exserted, didynamous. 29. TRICHOSTEMA. Lobes of the corolla nearly equal. Calyx 5-cleft. Flowers solitary. 30. TEUCRIUM. Lower lobe of the corolla longest. Calyx 5-toothed. Whorls crowded. 1. OCIMUM, L. BASIL. Calyx ovate or bell-shaped, 5-toothed, angled, deflexed in fruit; the upper tooth roundish, with the margins decurrent. Corolla nearly equally 2-lipped ; the upper lip 4-cleft ; the lower entire, flat. Stamens 4, didynamous ; the lower pair longer, resting upon the lower lip of the corolla. Style 2-cleft at the apex. Glands of the disk 1-4. Nutlets smooth, ovoid or globular. — Chiefly tropical herbs or shrubs. Whorls 6-flowered, in a terminal bracted spike or raceme. 1. O. Campechianum, Miller. Stem branched, pubescent, especially at the joints ; leaves ovate and ovate-lanceolate, acute, finely serrate, narrowed into a slender pubescent petiole, paler and pubescent on the veins beneath, dotted ; raceme many-flowered, pubescent ; bracts ovate ; calyx hispid on the nerves, the lower teeth awned ; corolla small, slightly exserted ; stamens smooth. — South Florida. — Stem 6' - 12' high. Leaves 1'- 2' long. Flowers purple. 2. HYPTIS, Jacq. Calyx tubular, with 5 equal subulate teeth. Corolla 5-lobed ; the four upper lobes short, spreading or reflexed ; the lowest longer, saccate, abruptly deflexed, thickened at the base. Stamens 4, didynamous, included in the bud in the lower lobe of the corolla. Nutlets smooth, ovoid. 1. H. radiata, Willd. Herbaceous; stem erect, mostly simple, pubescent above ; leaves ovate-lanceolate, serrate or toothed, tapering into a petiole, smooth ; heads peduncled, in the axils of the upper leaves, globose, surrounded by an involucre of several lanceolate whitish bracts, pubescent ; corolla small, white, dotted with purple. — Low ground, Florida to North Carolina, and west- ward. July - Sept. — Stem 2° - 4° high. 3. MENTHA, L. MINT. Calyx tubular, nearly equally 5-toothcd. Corolla equally 4-lobed, the upper lobe notched or entire. Stamens 4, equal, distant, straight : anther-cells parallel. Style 2-cleft at the apex. Nutlets smooth, obtuse. — Pungent aromatic herbs. Whorls (in our species) approximate, forming a dense or interrupted terminal spike. 1. M. viridis, L. Stem and leaves smooth; leaves ovate-lanceolate, un- equally serrate, nearly sessile ; bracts leafy, and, like the calyx, smooth or hairy ; spike cylindrical, interrupted below ; calyx-teeth linear-subulate. (M. tenuis, Michx.) — Damp soils. Introduced, and sparingly naturalized. July - Sept. — Stem 1° - 2° high. Flowers pale blue. 2. M. rotundifolia, L. Soft-hairy; stem erect; leaves roundish, rugose, crenate, sessile, hoary beneath ; spikes oblong, interrupted ; bracts lanceolate ; LABIATE. (MINT FAMILY.) 313 fruiting calyx roundish, the teeth short and acute. —Near Wilmington, North Carolina. Introduced. — Stem 1°- 2° high. Corolla white. 3. M. piperita, L. Smooth ; stem creeping at the base, ascending, branched ; leaves ovate-oblong, acute, sharply serrate, rounded at the base, short-petioled ; spikes slender, interrupted ; bracts mostly longer than the whorls, the upper ones linear ; calyx-teeth hairy. — Low ground. Introduced. July - Sept. — Stems 1° - 2° high. Flowers white or blue. 4. LYCOPUS, L. Calyx bell-shaped, equally 4 - 5-toothed, naked at the throat. Corolla bell- shaped, exserted, equally 4-cleft. Fertile stamens 2, exserted ; the upper pair sterile, included or wanting : anther-cells parallel. Style 2-cleft at the apex. Nutlets 3-angled, truncate at the apex, narrowed at the base. — Marsh or aquatic herbs, with long runners at the base. Leaves mostly toothed or pinnatifid. Whorls dense, axillary. Flowers small, sessile. 1. L. Virginicus, L. Stem smoothish ; leaves ovate-lanceolate, toothed- serrate, acute or acuminate at each end, roughened above ; calyx-teeth 4, ovate, obtuse ; corolla small, exserted ; sterile stamens minute. — Ponds and ditches, Florida? and northward. Sept. — Stem l°-2° high. Leaves l'-2' long. Flowers white. 2. L. simiatus, Ell. Stem smooth, much branched ; leaves pinnatifid- toothed, ovate-oblong, tapering at each end ; the upper ones narrower ; calyx- teeth 5, lanceolate-subulate, acute ; corolla twice as long as the calyx ; sterile stamens minute or none. (L. exaltatus, Pursh.) Var. intermedius. Closely pubescent or tomentose; stem simple or branched, very leafy ; leaves ovate-lanceolate, acuminate at each end, coarsely serrate, pale beneath ; whorls dense ; calyx-teeth subulate, pubescent, nearly as long as the corolla ; seeds pitted. Var. angustifolius, Benth. (L. angustifolius, Ell.) Pubescent; stem simple or sparingly branched; leaves sessile, lanceolate or linear, toothed- serrate or entire, resinous-dotted ; calyx-teeth subulate. — Ponds and ditches, Florida to Mississippi, and northward. Aug. - Oct. — Stem 2° - 4° high. Leaves 2' -4' long. Flowers white. 5. CUNTLA, L. DITTANY. Calyx tubular, 10-nerved, equally 5-toothed, hairy in the throat. Corolla 2-lipped ; the upper lip notched or entire, the lower 3-cleft. Stamens 2, distant, exserted: anther-cells parallel. Style 2-cleft at the apex. Nutlets smooth. — Perennial herbs. Flowers small, in corymbose or crowded whorls. 1. C. Mariana, L. Smooth; stem slender, much branched ; leaves ovate, serrate, acute, rounded or cordate at the base, subsessile ; cymes loose, axillary and terminal, peduncled, mostly shorter than the leaves, corymbose; calyx- teeth lanceolate, acute. — Dry soil along the mountains, Georgia and northward. July- Sept. — Stem 1° high. Leaves 1' long. Flowers purple. 27 314 LABIATE. (MINT FAMILY,) 6. PYCNANTHEMUM, Michx. HORSE-MINT. Calyx tubular, 13-nerved, naked in the throat, equally 5-toothed, or slightly 2-lipped. Corolla 2-lipped ; the upper lip notched or entire, the lower 3-cleft. Stamens 4, nearly equal, straight, spreading, commonly exserted : anther-cells parallel. Style 2-cleft at the apex. Nutlets smooth. — Perennial mostly pu- bescent or hoary herbs, with erect branching stems. Floral leaves often white- tomentose. Cymes mostly terminal, bracted. Corolla small, white or purplish. — Plants aromatic and pungent. * Calyx more or less 2-lipped, the subulate teeth often bearded with weak jointed hairs : cymes mostly terminal, widely spreading in fruit : bracts longer than the flowers : leaves pubescent, the uppermost whitened. 1. P. incanum, Michx. Stem densely pubescent and hoary ; leaves ovate or oblong-ovate, acute, sharply serrate, short-petioled, hoary-tomentose beneath ; calyx-teeth subulate, and, like the bracts, commonly bearded with weak hairs. (P. Loomisii, Nutt.) — Var. T-ULLIA. (P. Tullia, Benth.) Leaves smaller and smoother; cymes larger and more expanded; calyx-teeth longer. — Var. AL- BESCENS. (P. albescens, Gray.) Leaves ovate-lanceolate, obtuse, smooth above, hoary beneath ; calyx-teeth triangular lanceolate, obtuse, not bearded. — Dry woods and fence-rows, Florida to Mississippi, and northward. Aug. and Sept. — Stem 2° - 4° high. Leaves 1' - 2' long. Flowers white. 2. P. dubium, Gray. Stem villous-pubescent ; leaves lanceolate, acute at each end, smooth or nearly so, entire ; cymes hoary, dense-flowered, short- peduncled ; calyx-teeth subulate, tipped, like the bracts, with a tuft of weak hairs ; the 2 lower ones shorter. — Mountains of North Carolina. Aug. and Sept. — Stem 2° - 3° high. Leaves 2' - 3' long. * * Calyx-teeth nearly equal. H- Calyx as long as the corolla ; the teeth subulate and awn-pointed, like the rigid bracts: cymes dense-flowered. 3. P. aristatlim, Michx. Tomentose and hoary, or sometimes hairy ; stem branched ; leaves ovate or oblong, acute, sparingly serrate, rounded at the base, short-petioled, the uppermost somewhat whitened ; cymes mostly terminal ; ovary bearded. — Var. HYSSOPIFOLIUM, Gray. Stem simple or corymbose above; leaves rigid, linear-oblong, obtuse, entire. — Low ground, Florida to Mississippi, and northward. Aug. and Sept. — Stem ]£°-3° high. Leaves l'-2' long. H- -i- Calyx-teeth beardless and awnless : cymes capitate, mostly terminal: bracts shorter than the flowers: leaves subsessile. 4. P. pilosum, Nutt. Softly pubescent or villous ; branches short, erect ; leaves lanceolate, entire, acute at each end, none of them whitened; cymes small, compact, corymbose; calyx-teeth ovate-lanceolate, acute, and, like the bracts, hoary-tomentose, or, in var. LEPTODON, Gray, subulate and villous. — Upper districts of Georgia, and northward. Aug. and Sept. — Stem 2° high. Leaves l'-2' long. LABIATJE. (MINT FAMILY.) 315 5. P. muticum, Pers. Smooth or tomcntosc ; stem corymboscly branched ; leaves ovate or ovate-lanceolate, acute, serrate, rounded or slightly cordate at the base, sessile or short-petioled, the uppermost whitened ; cymes small, com- pact, corymbose, minutely hoary-tomentose ; calyx-teeth short, triangular-ovate, obtuse. — Dry soil, Florida to Mississippi, and northward. Aug. and Sept. — Stem 1 ° - 2° high. Leaves 1 ' - 2' long. •*--»—•«— Cymes capitate, in compact corymbose clusters : bracts shorter than the flowers : stem and rigid entire leaves smoothish. 6. P. lanceolatum, Pursh. Stem branched ; leaves lanceolate or linear- lanceolate, acute, rounded at the base ; cynics numerous, pubescent ; bracts ovate-lanceolate ; calyx-teeth short, triangular. — Dry soil in the upper districts. Aug. and Sept. — Stem 2° high. Leaves l'-2' long. 7. P. linifolium, Pursh. Stem branched ; leaves very numerous, linear, sessile ; cymes smoothish ; bracts linear, acute ; calyx-teeth lanceolate-subulate, rigid, acute. — Dry soil, Florida to Mississippi, and northward. Aug. and Sept. — Stem 2° high. 8. P. nudum, Nutt. Smooth ; stem simple or corymbose at the summit, straight ; leaves sessile, ovate-oblong, obtuse, rounded at the base ; cymes smooth; exterior bracts narrow-lanceolate, the inner short, subulate; calyx- teeth short, triangular-lanceolate, and, like the corolla, pubescent. — Low pine barrens, Dale County, Alabama, to the mountains of North Carolina. Aug. and Sept. — Stem 2° high. Leaves £' - V long. •H- •»- -*- •»- Cymes axillary and terminal, large, dense-flowered: bracts ciliate. 9. P. montanum, Michx. Stem slender, smooth, simple or branched; leaves smooth, ovate-lanceolate, serrate, acute, tapering into a short petiole, the lowest rounded at the base ; cymes globose, the upper ones closely sessile ; bracts numerous, ciliate ; the exterior ovate, very acute, as long as the flowers, the inner ones linear ; calyx-teeth short, acute ; ovary bearded. — Mountains of North Carolina. July and Aug. — Stem 1° - 3° high. Leaves 2' - 3' long. 7. COLLINSONIA, L. HORSE-BALM. Calyx obovate, enlarged and deflexed in fruit, 2-lipped ; the upper lip flat- tened, truncate, 3-toothed, the lower 2-cleft. Corolla funnel-shaped, 2-lipped, dilated at the throat ; the four upper lobes equal, the lowest larger, declining, toothed or fimbriate. Stamens 2 or 4, long-exserted, spreading : anther-cells diverging. Nutlets smooth. — Strong-scented perennial herbs. Leaves large, coarsely serrate, dotted beneath. Flowers yellowish, solitary, opposite, in racemes or panicles. Petioles tumid at the base. * Fertile stamens 2. 1. C. Canadensis, L. Nearly smooth; leaves ovate or oblong-ovate, acuminate, sharply serrate, acute, rounded or cordate at the base, long-pctioled, the uppermost smaller, sessile ; panicle elongated ; bracts minute, very acute ; flowering calyx very small, the upper lip much shorter than the lower, with 316 LABIATE. (MINT FAMILY.) subulate teeth ; corolla 4 times as long as the calyx, yellowish. — Rich shaded soil, Florida to Mississippi, and northward. Sept. — Stem 2° -4° high. Leaves 4' - 9' long. Corolla 3" - 5" long. 2. C. scabriuscula, Ait. Stem smoothish ; leaves petioled, ovate, acute, dentate, rounded at the base, smooth above, the uppermost sessile ; bracts small, subulate-acuminate ; panicle elongated, leafy at the base ; calyx-teeth short, acute ; stamens included or exserted. — Rich woods, Florida, Pursh, to South Carolina, Elliott. Sept. — Stem 3° high. Leaves 2' 3' long, on short petioles. Corolla half as large as in the preceding, the lowest lobe purple. 3. C. punctata, Ell. Stem pubescent; leaves ovate-lanceolate, acumi- nate, mucronate-serrate, pubescent and dotted beneath ; panicle pubescent, leafy at the base; bracts ovate, acute or acuminate; calyx-teeth large, lanceolate, acute, nearly equal, £-J as long as the yellowish corolla; sterile stamens included, capitate. — Rich shady woods, Florida to North Carolina. Sept. — Stem 2° - 4° high. Leaves 4' - 6' long. Corolla 4" - 6" long, hairy within. 4. C. ovalis, Pursh. Stem slender, pubescent above ; leaves ovate or round-ovate, acute, smooth, with few very coarse mucronate teeth, the lower ones barely longer than the very slender petiole, the upper sessile ; racemes panicled ; calyx pubescent, with unequal subulate teeth ; bracts*ovate, acumi- nate. — Mountains of North Carolina. — Stem 2° high. Leaves (excluding the petiole) 2' long, 1^' wide. * * Fertile stamens 4. 5. C. verticillata, Baldw. Stem simple, smooth below ; leaves 4, mem- branaceous, elliptical, acute, rather finely serrate, acute or obtuse at the base, short-petioled, approximate, the lower surface, like the simple long-peduncled raceme, viscid-pubescent ; lower flowers whorled, the upper opposite ; bracts minute ; calyx-teeth linear-subulate, half as long as the corolla. — Light shaded soil, Georgia, chiefly in the upper districts. Sept. — Stem 1° high. Corolla yellow or purplish. 6. C. anisata, Pursh. Viscid-pubescent; stem stout, simple or branched ; leaves large, oval or ovate, acute, mucronate-crenate, mostly rounded or cordate at the base, the uppermost sessile ; panicle many-flowered ; bracts ovate ; calyx- lobes large, ovate-lanceolate, nearly equal ; corolla large, yellow. — Dry shaded soil, Georgia, Alabama, and Florida. Aug. and Sept. — Stem 1° - 2° high. Leaves 4' - 8' long. Corolla £' - f ' long. 8. HEDEOMA, Pers. Calyx tubular, somewhat gibbous under the base, equally 5-toothed or bilabi- ate, with the upper lip 3-toothed, the lower 2-cleft, hairy in the throat. Corolla 2-lipped ; the upper lip notched or entire, the lower 3-cleft. Stamens 2, ascending : anther-cells diverging. Nutlets smooth. — Herbs, with small leaves, and axil- lary few-flowered cymes. 1. H. pulegioides, Pers. Annual, pubescent, much branched; leaves oblong-ovate, obtuse, sparingly serrate, pale beneath, contracted into a slender LABIATE. (MINT FAMILY.) 317 petiole ; whorls 6-flowered, shorter than the leaves ; lower lip of the calyx hispid. — Dry hills in the upper districts. June - Sept. — Stem 1° high. Leaves 1' long. Corolla small, pale blue. 9. MICBOMERIA, Benth. Calyx tubular, 13-nerved, nearly equally 5-toothed, mostly hairy in the throat. Corolla 2-lipped ; the upper lip flat, notched or entire, the lower spreading, 3- lobed ; the straight tube commonly shorter than the calyx. Stamens 4, didyna- mous, arching inward : anther-cells parallel, or at length diverging Nutlets smooth. — Herbs, with the small white or purple flowers solitary, or few in a whorl, chiefly axillary. 1. M. Brownei, Benth. Smooth; stem prostrate or ascending, mostly simple ; leaves round-ovate, obtuse, crenate or entire, short-petioled ; flowers sol- itary, opposite, on Avidely spreading peduncles, exceeding the leaves, erect, pur- ple. — Kiver-banks, Florida. July and Aug. — Stem 6' - 12' long. Leaves 4" - 6" long. 10. CAT.AMINTHA, Benth. Calyx tubular., 13-nerved, 2-lipped ; the upper lip spreading, 3-toothed, the lower 2-cleft, bearded or naked in the throat. Corolla 2-lipped, open at the throat ; the upper lip notched or entire, the lower 3-lobed, the tube commonly exserted. Stamens 4, didynamous, arching inward : anther-cells at length diverging. Nutlets smooth. — Herbs or shrubby plants, with white, scarlet, or purple flowers § 1. CALAMINTHA. Herbs: cymes peduncled, compound, small-bracted ; the upper ones forming a I-sided compound raceme : flowers small. 1. C. Nepeta, Link. Villous; stem much branched, ascending; leaves small, ovate, obtuse, serrate, petioled ; cymes numerous, dichotomous, loose- flowered ; calyx bearded in the throat, half as long as the purple corolla. — Waste places and road-sides, Georgia to North Carolina, introduced. July - Sept. — Stem l°-2° long. Leaves £' long. § 2. CALOMELISSA. Shrubs : cymes nearly sessile, axillary, few-flowered, often leafy-bracted : pedicels elongated: throat of the calyx bearded: flowers showy. 2. C. Caroliniana, Sweet. Stem much branched, closely pubescent; leaves rigid, smooth, oval or oblong, obtuse, crenate, finely dotted, narrowed into a slender petiole; axillary leaves small and clustered; cymes 6-flowered, the lower bracts leafy ; corolla white or purple, spotted. — Sandy or rocky banks, Florida to North Carolina. Aug. and Sept. — Shrub 1° -2° high, the flowering branches simple. Leaves 1' - l£' long. Corolla 1' long. 3. C. COCCinea, Benth. Smooth or minutely pubescent ; leaves obovate- oblong, obtuse, entire or obscurely crenate, tapering into a short petiole ; flowers solitary, or in 3-flowered bracted cymes ; corolla large, scarlet. — Sandy shores of St. Andrew's Bay, West Florida. Oct. and Nov. — Stem 2° high, the outer bark loose and shreddy. Leaves £' long. Corolla l£' long. 27* 318 LABIATE. (MINT FAMILY.) 4. C. dentata, n. sp, Densely tomentose ; stem diffusely branched ; leaves small, obovate or wedge-shaped, rounded and 2 - 4-toothed at the apex, nearly sessile ; flowers solitary or 3 together ; calyx smooth, the upper lip emarginate or obscurely 3-toothed, much shorter than the lower ; upper stamens abbreviated, sterile. — Sand ridges near Aspalaga, 'Florida. Sept. and Oct. — Stem 2° high. Leaves very numerous, ^' long. 5. C. canescens, Torr. & Gray. Hoary-tomentose ; stem diffusely branched ; leaves linear, entire, obtuse, with -the margins revolute ; cymes very numerous, 1 - 3^-flowered ; calyx smooth or hairy, the upper lip obtusely 3-toothed ; corolla hairy, white or purple, dotted in the throat ; anthers hairy. — Dry sands along the west coast of Florida, flowering throughout the year. — Stem 1° - 2° high. Leaves % - 1' long. Corolla £' long. 11. DICERANDRA, Benth. Calyx tubular, 13-nerved, 2-lipped ; the upper lip entire or minutely 3-toothed, the lower scarcely longer, 2-cleft, the throat bearded. Corolla 2-lipped ; the upper lip erect, the lower spreading, 3-cleft. Stamens 4, didynamous, spreading, exserted : anther-cells distinct, diverging, awned at the apex. Nutlets smooth. — Smooth annuals, with narrow leaves. Cymes loose, spreading, several-flow- ered, forming a leafy terminal raceme. Flowers purple. 1 . D. linearifolia, Benth. Stem mostly branching, erect ; leaves linear or lanceolate, serrate or entire, obtuse, sessile ; cymes peduncled, 3-9-flowered ; calyx purple, declined in fruit. (Ceranthera linearifolia, Ell.) — Dry sandy pine barrens, Florida, Georgia, and westward. Oct and Nov. — Stem 1° high. Leaves 1' long. Flowers very numerous, purple, dotted. Style hairy. 2. D. densiflora, Benth. Stem loosely branched ; leaves oblong-lanceo- late, or the uppermost linear; cymes sessile, 5 - 1 0-flowered. — East Florida, Bentkam. — Cymes more compact, calyx smaller, and the awns of the anthers shorter, than in No. 1. 12. MELISSA, L. BALM. Calyx tubular-bell-shaped, 13-nerved, 2-lipped ; the upper lip flattish, 3-toothed, the lower 2-cleft, beardless in the throat. Corolla-tube recurved-ascending, 2-lipped ; upper lip erect, the lower 3-cleft, spreading. Stamens 4, curved and connivent under the upper lip : anther-cells at length diverging. Nutlets smooth. — Herbs, with few-flowered 1-sided axillary cymes, and white or yellow flowers. 1. M. offieinalis, L. Stem erect, branching ; leaves ovate, crenate, trun- cate or cordate at the base; cymes 3-6-flowered, with ovate bracts. — North Carolina, and northward. Introduced. 13. SALVIA, L. SAGE. Calyx tubular or bell-shaped, 2-lipped ; the upper lip entire or 3-toothed, the lower 2-cleft, beardless in the throat. Corolla 2-lipped ; the upper lip entire or LABIATE. (MINT FAMILY.) 319 notched, the lower spreading, 3-lobed, with the middle lobe larger, entire or notched. Stamens 2, short : anther-cells lineai*, widely separated by the elon- gated oblique connective ; the upper one fertile, the lower imperfect or wanting. — Cymes in spikes, racemes, or panicles. * Upper lip of the calyx entire : lower anther-cell wanting. 1. S. azurea, Lam. Smooth ; stem simple or branched ; leaves lanceolate or linear, obtuse, entire, or the lower ones serrate, tapering at the base ; racemes elongated ; whorls nearly sessile, 6 - 12-flowered ; calyx longer than the pedicel, the teeth ovate, acute ; corolla 2-3 times as long as the calyx, white or blue ; style bearded. — Dry light or sandy soil, Florida to South Carolina, and west- ward. July and Aug. — Stem 2° - 4° high. Leaves l£' - 3' long. Corolla 6" - 8" long. 2. S. urticifolia, L. Stem (l°-2°) mostly simple, villous-pubescent and somewhat viscid ; leaves thin, rhombic-ovate, acute, serrate, abruptly contracted into a winged petiole, the upper surface and veins beneath sparse-hairy ; racemes terminal; bracts ovate, acuminate, caducous; whorls 6- 12-flowered, remote; calyx bell-shaped, longer than the pedicel, broadly 3-toothed, about half as long as the blue and white corolla ; style bearded. Var. major. Leaves rigid, narrower, acuminate, crenate, with longer and broader- winged petioles; the lower surface, like the taller (4° -6°) branching stem, hoary-tomentose ; racemes axillary and terminal ; flowers smaller. — Dry soil in the upper districts of Georgia, and northward : the variety in Middle Florida. July - Sept. — Leaves 2' - 4' long. Corolla 4" - 5" long. 3. S. serotina, L. Stem tomentose, branching ; leaves ovate, mostly acute, crenate-serrate, tomentose, paler beneath, cordate or truncate at the base, petioled; racemes many-flowered; whorls mostly 6-flowered, the lower ones rather distant, the upper much crowded ; calyx glandular, longer than the pedi- cel, acutely toothed, the upper lip purple ; corolla small, twice as long as the calyx ; style beardless ; the lower lobe spatulate, acute, the upper short, subulate, reflexed. — South Florida. Nov. — Stem rigid, 1° high. Leaves 1' long, twice as long as the petiole. Corolla blue and white, 3" - 4" long. 4. S. Blodgettii, n. sp. Stem much branched, shrubby at the base; branches erect, filiform, pubescent ; leaves small, thin, oval or ovate, slightly crenate, rounded at the apex, acute at the base, about as long as the very slen- der petiole ; racemes filiform, few-flowered ; whorls distant, 2 - 6-flowered ; calyx somewhat glandular, acutely toothed, slightly inflated in fruit ; corolla very small ; lower lobe of the style spatulate obtuse. — South Florida. — Stem 6' - 12' high. Leaves 6" - 9" long. Flowers blue, smaller than in No. 3. * * Upper lip of the calyx broad, 3-toothed: lower anther-cell pollen-bearing, but sterile. 5. S. lyrata, L. Hairy ; stem erect, sparingly branched ; leaves chiefly radical, spreading, lyrate-pinnatifid, mostly discolored ; stem-leaves 2 or 4, smaller ; the upper pah* lanceolate and entire ; raceme many-flowered ; whorls 6-flowered, distant in fruit, longer than the ovate-lanceolate bracts ; upper lip of the bell-shaped calyx truncate, with short erect teeth ; corolla-tube elongated, 320 LABIATE. (MINT FAMILY.) widening upward, the middle lobe of the lower lip dilated and notched. — Var. OBOVATA is less hairy, with the obovate leaves merely toothed or wavy on the margins. (S. obovata, Ell] — Sandy soil, Florida to North Carolina, and west- ward. April and May. — Stem 1° high. Leaves 3' - 6' long, commonly purple beneath. Racemes in fruit 6' -12' long. Corolla 9" -12" long, blue, white- spotted in the throat. 6. S. Claytoni, Ell. Leaves cordate-ovate, sinuate, toothed, rugose ; teeth of the upper lip of the calyx connivent. — Dry sandy pastures, around Beaufort, South Carolina, Elliott. North Carolina, Curtis ; flowering through the summer. — Root thick, perennial. Stem 1° high. Leaves pubescent on the veins and margins. Bracts cordate-ovate, acuminate, toothed. S. OFFICINALIS, L., is the common GARDEN SAGE. S. COCCINEA, L., is common in gardens, and occasionally spontaneous around dwellings. 14. MONARDA, L. HORSE-MINT. Calyx tubular, elongated, 15-nerved, nearly equally 5-toothed, bearded in the throat. Corolla nearly equally 2-lipped ; the upper lip notched or entire, the lower 3-toothed. Stamens 2, ascending under the upper lip, and oftener ex- serted : anther-cells linear, diverging, confluent. Nutlets smooth. — Herbs. Leaves undivided. Whorls large, dense-flowered. Bracts colored. * Upper lip of the corolla linear, acute. 1. M. didyma, L. Stem smoothish ; leaves ovate-lanceolate, acuminate, serrate, rounded at the base, petioled, smooth or hispid ; whorls mostly solitary, terminal; calyx smooth, incurved; corolla large, bright red. — Mountains of North Carolina, and northward. Aug. and Sept. — Stem erect, 2° high. Leaves 2' -3' long. Bracts lanceolate, red. Corolla 1' long. 2. M. fistulosa, L. Stem branching, more or less pubescent, commonly hairy at the joints; leaves petioled, ovate-lanceolate, acute, sharply serrate, mostly rounded or truncate at the base ; whorls terminal ; calyx slightly incurved, hispid in the throat ; corolla slender, rose-color. (M. Clinopodia, and M. mollis, L.} — Mountains of Georgia, and northward. Aug. and Sept. — Stem 2° -5° high. Leaves smoothish, tomentose, or hispid, l'-3' long. Bracts pale purple. * =* Upper Up of the corolla broader, notched. 3. M. punctata, L. Closely and finely pubescent : stem much branched ; leaves lanceolate or oblong, acutish, slightly serrate, narrowed into a petiole , whorls lateral and terminal ; bracts ovate or oblong, purple ; corolla yellowish ; the lower lip dotted with brown, the upper keeled ; stamens not exserted. — Dry sandy soil, Florida to Mississippi, and northward. Aug. -Oct. — Stem l°-3° high. Leaves 1 ' - 2' long. 4. M. gracilis, Pursh. Very smooth ; whorls lateral and terminal ; exte- rior bracts linear, ciliate ; corolla short ; leaves linear-lanceolate, acuminate, ser- rate.— Mountains of Carolina, Lyon. — Stem obtuse-angled. Whorls small, naked. Calyx pubescent, ciliate. Corolla very slender, smooth, yellowish- white. ( * ) LABIATE. (MINT FAMILY.) 321 15. BLEPHILIA, Baf. Calyx ovate-tubular, 13-nervcd, beardless in the throat, 2-lipped; the upper lip with three awned teeth, the lower 2-cleft, awnless or short-awned. Anthers 1 -celled. Otherwise like Monarda. — Stem erect. Whorls several, lateral and terminal, the upper ones crowded. 1. B. ciliata, Raf. Stem hirsute; leaves nearly sessile, ovate-lanceolate, finely serrate, smoothish above, paler and tomentose beneath ; whorls globose, crowded, or the lower ones distinct ; bracts ovate-lanceolate, long-ciliate ; calyx and corolla hairy. (Monarda ciliata, L.) — Dry soil, in the upper districts of Georgia, and northward. July and Aug. — Stem 2° -3° high. Leaves 2' -3' long. Corolla £' long, blue. 2. B. hirsuta, Benth. Stem hirsute; leaves long-petioled, oblong-ovate, serrate, smooth or hirsute ; whorls globose, distinct, or the upper ones crowded, the lower axillary ; bracts linear-subulate, long-ciliate ; corolla slightly pubes- cent. (Monarda hirsuta, Pursh.) — Damp woods on the mountains of North Carolina, and northward. July and Aug. — Stem 2° -3° high, branching. Leaves thin, 3' - 4' long. Corolla pale blue. 16. LOPHANTHUS, Benth. Calyx tubular, 15-nerved, slightly incurved, with the mouth oblique, and un- equally 5-toothed. Corolla 2-lipped ; the upper lip deeply notched, the lower spreading, 3-cleft, with the middle lobe crenate. Stamens 4, distant or spread- ing, the upper pair longer : anther-cells parallel. Nutlets smooth. — Erect perennial herbs. Whorls numerous, crowded in a cylindrical spike. 1. L. scrophularisefolius, Benth. Stem pubescent j leaves petioled, ovate or ovate-lanceolate, acuminate, serrate, hairy beneath ; spike interrupted at the base ; calyx-teeth whitish, lanceolate, acute. — Mountains of Georgia, and northward. Aug. — Stem 3° -4° high. Spikes 4' -15' long. Bracts ovate. Corolla purplish. 2. L. nepetoides, Benth. Smooth; leaves petioled, ovate or oblong, acute, serrate ; spike interrupted at the base ; calyx-teeth green, ovate, barely acute. — Woods, North Carolina, and northward. Aug. — Stem 4° - 6° high. Bracts ovate. Corolla greenish-yellow. 17. NEPETA, L. CATNIP. Lower lip of the corolla 2-cleft or entire. Stamens ascending : anthers ap- proximate by pairs, the cells diverging. Otherwise like Lophanthus. — Corolla blue or white. 1. N. Cataria, L. Erect, hoary-pubescent; leaves petiolate, cordate-ovate, acute, coarsely serrate ; whorls many-flowered, the upper ones crowded in a thick dense raceme, the lower axillary ; bracts as long as the pedicel ; calyx- teeth lanceolate-subulate, the upper ones longer; corolla small, white. — Waste grounds, introduced. — Stem 2° - 3° high. 322 LABIATE. (MINT FAMILY.) 2. N. Glechoma, Benth. Stem prostrate or creeping, pubescent ; leaves round-cordate, obtuse, serrate, petioled ; whorls in nearly all the axils, few- flowered ; corolla blue. — Low shady places, near dwellings. Introduced. — Stem 4'- 12' long. Leaves £' - 1' long. Anthers forming a cross. 18. CEDRONELLA, Moench. Calyx bell-shaped, nearly equally 5-toothed ; the mouth oblique. Corolla dilated at the throat, 2-lipped j the upper lip straight, 2-cleft, the lower 3-cleft, with the middle lobe largest. Stamens 4, ascending, the upper pair longest : anther-cells parallel. Nutlets smooth. — Flowers in a terminal spike or raceme. 1. C. cordata, Benth. Stem low, pubescent, bearing long runners ; leaves long-petioled, cordate, crenate, smoothish; the floral ones ovate; raceme few- flowered, 1-sided; cymes 1 - 3-flowered ; calyx and pale-blue corolla large. (Dracocephalum cordatum, Nutt.) — Shady banks, on the mountains of North Carolina. May and June. — Stem ^° high, creeping at the base. Leaves 1' long. Corolla 1 1' long. Plant pleasant-scented. 19. BRTJNELLA, Tourn. SELF-HEAL. Calyfc tubular-bell-shaped, 10-nerved, flat above, 2-lipped; upper lip broad, truncated, 3-toothed, the lower 2-cleft. Corolla-tube slightly inflated under the throat, 2-lipped; the upper lip roundish, arching, entire, the lower 3-lobed, with the middle lobe rounded, concave, crenate. Stamens 4, exserted, the smooth filament prolonged above the anther : anther-cells spreading. — Herbs, with 6-flowered; densely-spiked whorls. Floral leaves orbicular, imbricated, persistent. 1. B. Vlllgaris, L. Pubescent or smoothish ; stem erect, mostly simple ; leaves ovate or oblong, serrate, petioled ; spikes oblong or cylindrical ; flowers purple. — Low grounds, Florida, and northward. Introduced. — Stem 6' -12' high. Spikes thick, lateral and terminal. 20. SCUTELLABIA, L. SKULLCAP. Calyx bell-shaped, 2-lipped, entire and closed after flowering ; the upper lip furnished with a helmet-shaped appendage on the back, and falling away at maturity, the lower persistent. Corolla-tube recurved-ascending, dilated at the throat, 2-lipped ; the upper lip arching, entire or notched, with the small lateral lobes united with its sides, the lowest lobe large and spreading. Stamens 4, ascending : anthers dilate1, approximate by pairs, those on the shorter filaments 1-celled, on the longer ones 2-celled, cordate. — Perennial mostly inodorous herbs. Flowers opposite, solitary, in the axils of the upper, mostly bract-like leaves, rarely in lateral racemes. Corolla blue or white. * Flowers in terminal racemes. •*- Leaves cordate, ovate or oblong, crenate, petioled ; the floral ones shorter than the flowers, entire. 1. S. versicolor, Nutt. Softly pubescent; stem stout, branched above; leaves large, long-petioled, all broadly cordate, rugose and reticulate ; the floral LABIATE. (MINT FAMILY.) 323 ones ovate, sessile ; racemes terminal and axillary, many-flowered, viscid ; calyx hairy; lateral lobes of the corolla conspicuous. (S. cordifolia, Muhi) — Dry open woods in the upper districts. July -Sept. — Stem 2° -3° high. Leaves 2'- 4' long. Racemes 3' - 6' long. Corolla 6" - 8" long, blue and white. Var. minor. Small (6'- 12') ; leaves tomentosc, finely crenate ; the lowest ones orbicular, the upper ovate-lanceolate, truncated at the base (^'-1'long), the floral ones narrower. (S. saxatilis /3 1 pilosior, Benth. ?) — Dry woods, near "Washington, Wilkes County, Georgia. August. 2. S. arguta, Buckley. Stem somewhat procumbent, pubescent; leaves ovate, cordate, coarsely crenate, on long pubescent petioles, nearly smooth ; racemes axillary and terminal ; flowers small. — Black Mountain, North Caro- lina, Buckley. July and Aug. — Stem 8' - 12' long. Leaves 1^' - 2' long, paler beneath, shorter than the petioles. 3. S. canescens, Nutt, var. ? punctata. Stem erect, tomcntose, branched above ; leaves ovate or oblong-ovate, acute, smoothish, paler and strongly veined beneath, resinous-dotted on both sides, short-petioled, the lower ones cordate, the upper and floral ones lanceolate, tapering at the base ; racemes simple, axil- lary and terminal, pubescent, many-flowered ; corolla blue and white. — Dry open woods, Florida and Georgia. July and Aug. — Stem 2° high. Leaves l£'-2' long, 2-3 times as long as the pubescent petioles. Corolla 8" -9" long. 4. S. serrata, Andr. Smooth ; stem erect, branched ; leaves ovate, acute, smooth and green on both sides, decurrent into the margined petiole ; the floral ones small, lanceolate ; racemes short, simple, few-flowered, 1 -sided ; calyx mostly hairy ; corolla large, blue. — Dry woods, North Carolina. — Stem 2° - 3° high. Leaves !'-!£' long. Corolla 1' long. 5. S. pilosa, Michx. Hairy ; stem simple or sparingly branched ; leaves distant, ovate, obtuse, coarsely crenate ; the lowest rounded at the base, the upper ones abruptly short-petioled, the floral ones spatulate, obtuse ; racemes short, few-flowered ; corolla pale blue. — Dry sandy soil, Florida to Mississippi, and northward. July and Aug. — Stem 1° - 2° high. Leaves 1' - 2' long. Co- rolla 8" -9" long. 6 S. villosa, Ell. Stem erect, branching, villous ; leaves large, lanceo- late, acute at each end, coarsely toothed, villous beneath, hispid above ; racemes paniculate, with the flowers crowded. — Georgia, between the Ocmulgee and Flint Rivers, Elliott. May- July. — Stem 2° -3° high. Leaves 3' -4£' long, on petioles ^' long. ( * ) -i— -t- Upper and floral leaves alike, entire, nearly sessile; the lower broader, petioled, and mostly crenate. 7. S. integrifolia, L. Pubescent throughout; stem mostly simple (6'- 12' high) ; leaves small (£'-!' long), lanceolate, obtuse, entire, tapering down- ward, sessile ; the lowest ovate or obovate, short-petioled, crenate or entire, the lower floral ones sometimes longer than the flowers ; racemes leafy, few - many- flowered. — Dry sandy soil, Florida to North Carolina, and westward. Var. major. Stem taller (l°-2° high), branching; leaves larger (l'-2' long) ; the upper oblong, entire, tapering into a petiole, the lower ovate or cor- 324 LABIATE. (MINT FAMILY.) date, coarsely crenate, long-petioled, rounded at the apex. — Swamps, Florida, and northward. July and Aug. — Corolla 8"- 10" long, blue or white. •»-•«- M- Leaves all linear and entire ; the lowest bract-like. 8. S. Floridana, n. sp. Minutely pubescent ; stem slender, branching ; leaves linear, obtuse, entire, sessile, with revolute margins ; the lowest minute and bract-like, the floral ones shorter than the flowers ; racemes loose, few- flowered ; corolla large, much dilated at the throat, the nearly equal lips broad and obtuse; filaments hairy at the base. — Pine-barren swamps near the coast, West Florida. July. — Stem 1° high. Leaves 1' long, £"- 1" wide. Corolla 1' long, deep blue, the lower lip white in the middle. * * Flowers small, in axillary racemes. 9. S. lateriflora, L. Smooth ; stem elongated, diffusely branched ; leaves petioled, ovate-lanceolate, coarsely serrate, acuminate, the lower rounded at the base ; racemes slender, 1 -sided ; corolla blue. — Shady swamps, Florida to Mis- sissippi, and northward. July - Sept. — Stem 2° - 3° high. Leaves membra- naceous, 2' - 3' long. Corolla 2" long. =* * =* flowers solitary, in the axils of the upper leaves. 10. S. galericulata, L. Stem erect or ascending, simple or branched, smooth or pubescent; leaves short-petioled, ovate-lanceolate, acute, slightly crenate, rounded or subcordate at the base, paler and pubescent beneath; flowers nearly sessile, turned to one side. — Wet shaded places, North Carolina, and northward. July and Aug. — Stem l°-2° high. Leaves !'-!£' long. Corolla 7"- 8" long, blue, the lower lip white in the middle, spotted with blue. 11. S. parvula, Michx. Stem low, pubescent; leaves ovate or roundish, obtuse, mostly entire, nearly sessile, strongly veined ; flowers small, peduncled. — Rocky woods, West Florida to Mississippi, and northward. July and Aug. — Fibres of the root often bearing small tubers. Stem 6'- 9' high. Leaves 4"- 6" long. Corolla blue, 2" - 3" long. 21. MACBBIDEA, Ell. Calyx tubular-bell-shaped, 3-lobed ; the upper lobe lanceolate, entire, the two lower ones oblong, notched or entire. Corolla inflated, 2-lipped ; the upper lip arching, concave, the lower broadly 3-lobed, spreading. Stamens 4, ascending under the upper lip. Filaments hairy : anthers approximate by pairs, the cells diverging, hairy within, denticulate on the margins. Nutlets smooth. — Erect mostly simple perennials. Whorls crowded in a dense cone-like terminal head. Corolla large, white or purple. 1 . M. pulchra, Ell. Smooth or hairy ; leaves lanceolate, acute, serrulate, dotted ; the lower ones narrowed into a petiole, the upper sessile, the floral ones ovate, acute ; whorls 4-flowered ; calyx striate, the lobes entire ; corolla purple, the tube striped with purple and white, the upper lip entire. — Pine-barren swamps, Georgia to North Carolina. Aug. and Sept. — Stem 1°-1|° high. Corolla l£' long. LABIAT^E. (MINT FAMILY.) 325 2. M. alba, n. sp. Smooth or hirsute ; leaves wedge-lanceolate or oblong, toothed, rounded at the apex narrowed to the sessile base ; the lowest oblong, tapering into a slender petiole ; the floral ones ovate or orbicular, obtuse ; whorls 4-flowered ; calyx nerveless, with the two larger lobes notched ; corolla white, the upper lip emarginate. — Low pine barrens, West Florida, near the coast. July and Aug. — Stem 1° - l£° high. Leaves 2' long, or the radical ones 4'- 5' long, and, like the calyx and corolla, thick and somewhat fleshy. 22. PHYSOSTEGIA, Benth. Calyx tubular-bell-shaped, inflated in fruit, nearly equally 5-toothed. Corolla tubular-funnel-shaped, 2-lipped ; the upper lip erect, concave, entire or notched, the lower spreading, broadly 3-lobed. Stamens 4, ascending under the upper lip : anthers approximate, with the cells parallel, ciliate. Nutlets smooth, acutely 3-angled. — Smooth perennial herbs, with erect mostly simple stems, and opposite showy purplish flowers, in terminal spikes or racemes. 1. P. Virginiana, Benth. Leaves large (6' -9' long), oblong, sharply serrate, the lowest narrowed into a petiole ; spikes thick, dense-flowered ; calyx- teeth acute ; corolla 1' long. (Dracocephalum Virginianum, Z.) — Varies through several intermediate forms, including Dracocephalum varicgatum, Vent., and D. obovatum, Eli, into var. DENTICULATA, with lanceolate or linear denticulate or entire leaves, and smaller (6"- 9" long) flowers in a long loosely flowered spike. — Low ground and swamps, Florida to Mississippi, and northward. June- Aug. — Stem 2° - 4° high. Racemes simple or compound. 23. LAMIUM, L. DEAD-NETTLE. Calyx tubular-bell-shaped, 5-nerved, nearly equally 5-toothed, the teeth subu- late, not spiny. Corolla slender, dilated at the throat, 2-lipped ; the upper lip ovate or oblong, narrowed at the base ; the lateral lobes small, at the margins of the throat ; the lowest lobe large, notched, contracted at the base into a short stalk. Stamens 4, ascending under the upper lip : anther-cells at length spread- ing. Nutlets 3-angled, truncate at the apex. — Herbs. Leaves incised ; the lower ones petioled, the floral ones sessile, longer than the dense whorls. 1. L. amplexicaule, L. Leaves orbicular, incisely crenate-lobed ; the floral ones clasping, the others long-petioled ; tube of the corolla straight, the lateral lobes truncate ; anthers hairy. — Cultivated ground and waste places, common. May. (I) — Stems 4' -12' high. Corolla small, purple, often im- perfectly developed. 24. MARRTJBIUM, L. HOREHOUND. Calyx tubular, 5-10-nerved, nearly equally 5- 10-toothed; the teeth spiny, mostly spreading in fruit. Corolla-tube included in the calyx, 2-lipped ; the ripper lip erect ; the lower 3-lobed, with the middle lobe largest. Stamens 4, included : anther-cells diverging. Lobes of the style short, obtuse. Nutlets obtuse at the apex. — Chiefly tomentose or woolly perennial herbs, with rugose leaves, and axillary whorls. 28 326 LABIATE. (MINT FAMILY.) 1. M. VUlgare, L. Woolly; stems branching at the base, ascending; leaves petioled, ovate or roundish, crenate, the floral ones smaller, but longer than the capitate many-flowered whorls; calyx-teeth 10, recurved-sprcading ; corolla small, white. — Waste ground and road-sides. Introduced. — Stems l°-2°high. 25. LEONOTIS, K. BROWN. Calyx tubular, 10-nerved, incurved, unequally 8 - 10-toothed ; the teeth straight, spiny, the upper one largest. Corolla slender, 2-lipped ; the upper lip long, arching, entire, the lower very short, 3-cleft, spreading. Stamens 4, ascending under the upper lip : anther-cells diverging. Nutlets 3-angled, trun- cate. — Tall herbs, with very large globose whorls in the axils of the upper leaves. Flowers yellow or scarlet. 1. L. nepetsefolia, R. Br. Annual ; stem tomentose, simple or branched ; leaves remote, long-petioled, broadly ovate, crenate, the floral ones lanceolate ; whorls 1 - several ; calyx 8-toothed ; corolla villous, scarlet. — Waste grounds, Georgia and Florida. June - Aug. Introduced. — Stem 1° - 6° high. Whorls 1' - 2' in diameter. Corolla 1' long. 26. LEONURTJS, L. MOTHERWORT. Calyx top-shaped, 5-nerved, 5-toothed, the teeth spiny and at length spread- ing. Corolla 2-lipped ; the upper lip entire, the lower spreading, 3-lobed, with the middle lobe obcordate. Stamens 4, ascending : anther-cells parallel, naked. Nutlets 3-angled, truncate. — Herbs, with incisely lobed leaves ; the floral ones longer than the dense whorls. Bracts subulate. 1. L. Cardiaca, L. Stem (2° -4° high) square, pubescent; leaves long- petioled, the lower ones round-cordate, palmately lobed and toothed ; the floral ones wedge-shaped, 3-cleft toward the apex; whorls distant, 6- 15-flowered ; corolla villous, purplish, spotted with brown in the throat. — Waste places. Introduced. June -July. 27. STACHYS, L. HEDGE-NETTLE. Calyx tubular-bell-shaped, 5- or 10-nerved, 5-toothed; the teeth equal, or the upper one larger, more or less spiny (in our species), spreading in fruit. Co- rolla hairy within, 2-lipped ; the upper lip erect, the lower spreading, 3-lobed, with the middle lobe much larger. Stamens 4, ascending: anthers 2-celled. Nutlets not truncate. — Chiefly hairy or hispid herbs, with few-flowered whorls in terminal racemes. * Perennial. 1. S. aspera, Michx. Stem erect, with the angles rough with recurved bristly hairs, rarely smoothish ; leaves short-petioled, ovate-oblong or ovatl- lanceolate, acute, serrate, rounded at the base, smooth, or sprinkled with hairs above ; the floral ones longer than the calyx ; whorls 6 - 10-flowered, the lower ones distant ; calyx-teeth spine-pointed. ( S. hispida, Pursh. S. tenuifolia, Willd.) LABIATE. (MINT FAMILY.) 327 — Swamps, South Carolina, and northward. June - Aug. — Stem l£° - 2° high. Leaves 2' -3' long. Corolla purple. 2. S. hyssopifolia, Michx. Smooth or nearly so; stem erect, slender; leaves sessile, lanceolate or linear, obtuse, entire or sparingly serrate ; raceme short, of few 4 - 6-flowered whorls ; calyx smooth, with spiny spreading teeth, $ - £ as long as the smooth violet corolla. — Wet pine barrens, in the middle districts of South Carolina, and northward. June - Aug. — Stem 1° - 1£° high. Leaves l'-2' long. * * Annual. 3. S. Floridana, Shuttl. Smooth or hirsute ; stem slender, erect ; leaves lanceolate or oblong, petioled, or the upper ones sessile, acute or obtuse, serrate, truncate, or the lowest subcordate at the base; whorls few or numerous, distant, 6-10-flowered ; calyx pubescent, with lanceolate-subulate rigid teeth; corolla twice as long as the calyx, purple. (S. annua, Walt. ?) — Low grounds, Middle and South Florida. July. — Stem 10'- 15' high. Leaves 1' long, the lowest shorter than the petiole. 28. ISANTHUS, Michx. Calyx bell-shaped, 10-nerved, 5-cleft. Corolla bell-shaped, equally 5-lobed. Stamens 4, incurved-ascending, exserted : anthers 2-celled. Nutlets obovoid, impressed-reticulated, laterally cohering at the base. — An annual pubescent and somewhat viscid branching herb, with lanceolate entire or sparingly toothed acute leaves, and small pale blue flowers, on 1 -3-flowered axillary peduncles. 1. I. COSruleus, Michx. — Dry soil in the upper districts. July -Aug. — Stem terete, 1° - 1|° high. Leaves 1'- l£' long, 3-nerved below the middle. 29. TRICHOSTEMA, L. BLUE-CURLS. Calyx short, reversed, oblique, 5-toothed ; the 3 lower teeth long, connate ; the 2 upper ones very short. Corolla slender, nearly equally 5-cleft. Stamens 4, long-exserted, partly coiled : anther-cells diverging. Nutlets pitted, united at the base. — Branching annuals, with entire leaves, and solitary blue flowers on lateral peduncles. 1. T. dichotomum, L. Pubescent and somewhat viscid, or nearly smooth ; stem much branched, obscurely 4-angled ; leaves oblong or lanceolate, obtuse, narrowed into a petiole. (T. lineare, Nutt. is a smoother form, with linear leaves.) — Dry sandy soil, Florida to Mississippi, and northward. Aug. and Sept. — Stem 1° - 2° high. 30. TETJCRIUM, L. GERMANDER. Calyx tubular or bell-shaped, 5-toothed. Corolla 5-lobed ; the 4 upper lobes short, the lowest large, oblong or rounded, concave. Stamens 4, didynamous, the lowest pair longest, exserted between the 2 upper lobes of the corolla : anther-cells confluent. Nutlets rugose. 328 BORRAGINACE^E. (BORAGE FAMILY.) 1. T. Canadense, L. Stem tomentose, erect, simple or branched ; leaves short-petioled, ovate-lanceolate, acute, serrate, pubescent above, white-velvety beneath ; flowers mostly alternate, in a long hoary spiked raceme, longer than the subulate bracts; calyx bell-shaped. (T. Virginicum, L.) — Swamps and low ground, Florida to Mississippi, and northward. July - Sept. 1J. — Stem 2° - 3° high. Leaves 2' - 6' long. Flowers purplish. ORDER 95. BORRAGINACE^. (BORAGE FAMILY.) Herbs or shrubs, with terete or irregularly angled stems, and alternate entire exstipulate mostly rough-hairy leaves. Flowers usually in 1-sided spikes or racemes, which are coiled in the bud. — Calyx free, 5-eleft or 5-parted, valvate in the bud, persistent. Corolla regular (except No. 6), hypogynous, 5-lobed, imbricated or (in Myosotis) convolute in the bud. Stamens 5, equal, inserted on the tube of the corolla and alternate with its lobes. Ovary 4-celled, with a single ovule in each cell. Style single. Fruit various. Albumen scarce or none. Cotyledons flat or folded. Radicle superior. Synopsis. TRIBE I. CORDIEJE. Ovary undivided. Style terminal, twice 2-lobed at the apex. Fruit a 4-celled drupe. Cotyledons folded. Albumen none. — Shrubs. Flowers in heads or spikes. 1. CORDIA. Calyx opening regularly, not circumscissile. TRIBE II. EHRETIEJE. Ovary undivided. Style terminal, 2-lobed at the apex. Fruit a 4-seeded berry. Cotyledons flat. Albumen scanty. — Shrubs. 2. EHRETIA. Style slender. Flowers corymbose. 3. TOURNEFORTIA. Style short. Flowers cymose or spiked. TRIBE III. HEI/IOTROPE.3S. Ovary undivided. Style terminal, simple. Fruit separating into 2 or 4 nutlets. — Chiefly herbs. 4. HELIOTROPIUM. Fruit separating into 4 nutlets, each 1-seeded. 5. HELIOPHYTUM. Fruit separating into 2 nutlets, each 2-seeded. TRIBE IV. BORRAGEJE. Ovary deeply 4-parted, enclosing the base of the simple style. Fruit of 1 - 4 one-seeded nutlets. — Herbs. * Throat of the corolla naked. Nutlets not hispid. •*- Corolla irregular. 6. ECHTUM. Corolla funnel-shaped, unequally lobed. •»- -i- Corolla regular. 7. ONOSMODIUM. Lobes of the corolla erect, acute. Nutlets smooth and stony. 8. LITHOSPERMUM. Lobes of the corolla rounded. Nutlets smooth or rugose. 9. MERTENSIA. Lobes of the corolla rounded. Nutlets somewhat fleshy. 10. MYOSOTIS. Lobes of the corolla convolute in the bud. Nutlets smooth. * * Throat of the corolla closed with scales. Nutlets hispid. 11. CYNOGLOSSUM. Corolla funnel-shaped. Nutlets depressed. BORRAGINACE^E. (BORAGE FAMILY.) 329 1. COKDIA, Plum. Calyx ovate or bell-shaped, 4 - 5-toothed, not circumsdssilc. Corolla funnel or salver form, 4- 5-lobed. Stamens 4 -5. Ovary entire, 4-celled. Style ter- minal, twice 2-cleft, mostly exserted. Drupe ovate or globose, pulpy, 1-4- seedcd, commonly enclosed in the enlarged calyx. — Trees or shrubs. Leaves toothed or entire. Flowers spiked or capitate, white. 1. C. bullata, L. Rough throughout with white bristly hairs; leaves oblong-ovate, serrate-toothed, rugose, paler beneath, abruptly petioled ; flowers capitate, on peduncles which are shorter than the leaves, and nearly terminal, but elongated and lateral in fruit ; caJyx ovoid, the subulate bristly teeth spread- ing; corolla short, hairy in the throat; stigmas club-shaped; drupe 1 -seeded. — South Florida. — Leaves £' - 1^' long. Heads 4" - 5" in diameter. 2. EHRETIA, L. Calyx tubular, 4 -5-toothed. Corolla salver-form or wheel-shaped, 5-lobed. Stamens 5 : anthers ovate. Ovary entire, 4-celled. Style terminal, 2-cleft at the apex. Berry composed of 2 more or less separable 2-seeded nutlets. — Tropical shrubs. Leaves entire. Flowers corymbose, white. 1. E. Beurreria, L. Smooth ; leaves petiolate, obovats or oblong-obo- vate, entire, mucronate, obtuse, or notched at the apex, paler beneath ; corymb many-flowered, divaricate ; calyx leathery, the teeth acute, pubescent on the margins ; stigmas depressed ; nutlets 4, apparently 2-celled, 1 -seeded, finely furrowed on the back. — South Florida. — A small tree. Leaves l^'-3' long, acute at the base. Flowers white and fragrant. 2. E. Radula, Poir. Stem smooth; leaves obovate, entire, rounded or notched at the apex, tapering at the base into a short petiole, smooth beneath, very rough and at length white-spotted above ; corymb few-flowered ; pedicels minutely bracted and sparingly hispid ; calyx 4 - 5-toothed ; the teeth ovate, acute, pubescent on the margins ; lobes of the corolla rounded, wavy ; stigmas peltate, depressed in the centre ; berry ovate, separable into 4 one-seeded nutlets. — South Florida. — Leaves 1' - 1£' long. Corolla 6" long. 3. TOURNEPOBTIA, L. Calyx 5-parted. Corolla salver-form or wheel-shaped, 5-lobed. Stamens 5, included. Style short, terminal; stigma conical. Berry composed of two 2-seeded nutlets, which are either united or separable, or by abortion 1 - 2-seeded. — Erect or twining shrubs, with entire leaves, and white or yellowish flowers, in 1 -sided bractless often cymose spikes. * Fruit ovate, separable into two 2-seeded nutlets : corolla-lobes ovate, plicate. 1. T. gnaphalodes, B. Br. White-silky throughout ; stem thick, erect; leaves very numerous and imbricated, linear, obtuse, fleshy, tapering to the base ; peduncles axillary ; spikes 2 - 4-parted, dense, recurved ; calyx-lobes oblong, obtuse ; corolla fleshy ; anthers ovate ; berry deeply excavated at the base. — 28* 330 BORRAGINACE^E. (BORAGE FAMILY.) Sea-shore, South Florida. — Shrub 2° - 4° high. Leaves 3' long. Corolla small, white. * * Fruit globose, more or less lobed, composed of I -4 nutlets, each 1-seeded: corolla- lobes narrow, acute. 2. T. VOlubilis, L. Stem twining, and, like the lower surface of the leaves and spikes, tomentose ; leaves ovate or oblong-ovate, petioled, roughish above, paler beneath ; spikes lateral and terminal, very slender, cymose, short- peduncled, spreading ; tube of the corolla contracted in the middle, the lobes linear-subulate ; anthers connivent ; berry small, 1 - 3-seeded. — South Florida. — Leaves 1' - 1|-' long. Corolla 2" long. 4. HELIOTKOPIUM, Tourn. Calyx 5-parted, persistent. Corolla salver-form, open at the throat, folded between the 5 lobes. Filaments and style very short. Stigma somewhat coni- cal. Fruit separable into four 1-seeded nutlets. — Herbs or shrubby plants. Leaves rarely opposite. Spikes 1-sided. Flowers white or blue. 1. H. Curassavicum, L. Annual, smooth, fleshy; stems at length prostrate and diffuse ; leaves alternate or opposite, lanceolate or linear, obtuse, narrowed at the base ; spikes peduncled, simple or 2-parted, coiled in the bud ; flowers small, sessile, white, bractless ; nutlets smooth. — Saline marshes, Flor- ida to North Carolina. June - Aug. — Stem 6' - 18' long. Leaves 1' - 2' long. — Plant dries black. 2. H. myOSOtoides, n. sp. Annual; stem erect, branched, rough with rigid white appressed hairs ; the young branches hoary ; leaves oblong or lance- olate, obtuse, hispid on both sides, narrowed to the base, the lower ones opposite ; spikes filiform, elongated, 1-sided; flowers short-pedicelled, some of them leafy- bracted, others bractless ; exterior calyx-lobes larger ; corolla minute (£" long), white ; anthers hairy at the apex ; nutlets united, hispid at the apex, with the sides concave. — South Florida. — Stem 4' -6' high. Leaves %' long. Corolla slightly hispid. 5. HELIOPHYTITM, DC. Throat of the corolla bearded, or closed by 5 inflexed folds. Fruit separating into two 2-celled nutlets. Otherwise like Heliotropium. 1. H. Indicu.ni, DC. Annual; stem erect, rough-hairy; leaves oblong- ovate, often cordate, toothed or wavy on the margins, rugose, slightly roughish, decurrent into a long petiole ; spikes hairy, coiled, at length elongated ; corolla blue ; nutlets spreading. — Waste places, Florida to North Carolina. June - Oct. — Stem 1° - 2° high. Leaves 2' - 4' long. Fruiting spike 6' - 9' long. 2. H. parviflorum, DC. Perennial, hirsute; stem erect, branching; leaves lanceolate or oblong, obtuse, entire, tapering into a slender petiole, the lower ones mostly opposite ; spikes slender ; corolla white, bearded in the throat ; nutlets uneven, united. — South Florida. — Stem shrubby at the base, 6' -18' high. Leaves membranaceous, l'-2' long. Corolla 1" long. Spikes 2' -4' long. BORRAGINACE^. (BORAGE FAMILY.) 331 6. ECHIUM, Tourn. , Calyx 5-partcd. Corolla funnel-form, unequally 5-lobed, naked at the throat. Stamens 5, unequal, mostly exserted. Style filiform. Nutlets 4, closed at the base, uneven or rough. — Herbs, with alternate leaves, and blue or purple flow- ers in spiked often panicled racemes. 1. E. vulgare, L. Hispid with bristly spreading hairs ; stem simple, erect (l°-2° high); leaves linear-lanceolate, sessile; flowers large, in short axillary racemose spikes ; corolla purple, pubescent, twice as long as the lanceolate calyx-teeth, shorter than the stamens and style. — Fields, North Carolina. Introduced, June -Aug. (9) 7. ONOSMODIUM, Michx. Calyx 5-parted, the lobes linear and acute. Corolla ovate-tubular, naked in the throat, with five acute, connivent lobes. Anthers nearly sessile, sagittate, included. Ovary 4-parted. Style smooth, exserted. Nutlets 1-4, ovoid, shin- ing. — Erect hispid herbs, with entire somewhat ribbed sessile leaves, and green- ish flowers in a terminal bracted raceme or spike. ^ 1. O. Carolinianum, DC. Rough with spreading white rigid hairs; stem stout, branched ; leaves oblong-ovate ; lobes of the corolla ovate, hairy ; anthers oblong ; calyx-lobes scarcely twice as long as the dull white nutlets. — Dry soil in the upper districts. June. 1J. — Stem 3° -4° high. Leaves 2' -3' long. Racemes leafy. - 2. O. Virginianum, DC. Rough with appressed bristly hairs ; stem slender, sparingly branched; leaves lanceolate or oblong-lanceolate, obtuse or acute ; lobes of the corolla lanceolate-subulate, bristly ; calyx-lobes 3-4 times as long as the white polished nutlets. (O. hispidum, Michx.) — Dry pine barrens, Florida, and northward. May and June. 1J. — Stem l°-2° high. Leaves 2' long. Corolla twice as long as the calyx. Racemes leafy. 8. LITHOSPEEMUM, L. GEOMWELL. Calyx 5-parted, the lobes equal. Corolla funnel or salver form, obtusely 5-lobed, smooth, gibbous or hairy in the throat. Anthers oblong, nearly sessile, included. Stigma capitate, somewhat 2-lobed. Nutlets 1-4, ovate, stony, truncate at the base. — Chiefly rough-hairy herbs, with red roots, alternate entire leaves, and variously colored flowers in leafy-bracted racemes or spikes. * Annual : nutlets roughened. 1. L. arvense, L. Rough with appressed hairs; stem nearly simple, or branched from the base ; leaves lanceolate ; the upper ones sessile and acute, the lower obtuse, tapering at the base ; flowers scattered ; corolla yellowish-white, about as long as the linear-subulate lobes of the calyx ; nutlets 4. — Cultivated grounds and waste places, Florida, and northward. March and April. Intro- duced. — Stem 6' - 1 8' high. Leaves 1 ' - 2' long. BORRAGINACEuE. (BORAGE FAMILY.) # * Perennials : nutlets smooth, white. 2. L. tuberosum, Rugel. Hispid with scattered rigid hairs ; stem erect, branching above ; leaves somewhat 3-nerved ; radical ones large (4' - 6' long)* obovate-oblong, narrowed into a petiole, dotted with white above ; the middle ones oblong, sessile; the floral ones (!' long) elliptical; calyx-lobes linear, as long as the tube of the small yellowish-white corolla, and twice as long as the mostly solitary polished nutlet. — Rocky banks of the Apalachicola and Chipola Rivers, Florida. March and April. — Plant 6' -10' high, increasing in fruit to 2° or more. Roots bearing oblong tubers. 3. L. hirtum, Lehm. Hispid with rigid glossy hairs ; stem mostly sim- ple, erect ; leaves linear-lanceolate, obtuse, sessile ; the lowest scale-like ; the floral ones ovate-lanceolate ; corolla large, yellow ; the tube hairy at the base within, rather longer than the linear calyx-lobes ; nutlets ovate, polished. (Batschia Gmelini, Michx.) — Dry pine barrens, Florida to South Carolina. April and May.— Stem l°-l£° high. Leaves l'-2' long. Corolla 6" -8" long. 4. L. canescens, Lehm. Stem villous, erect, nearly simple ; leaves lan- ceolate, sessile, obtuse, somewhat silky with appressed glossy hairs ; the lowest small and scale-like ; corolla large, yellow ; the tube 2-3 times as long as the calyx. — Dry soil in the upper districts. April and May. — Stem 6' - 12' high. Corolla smaller than in the preceding. 9. MEBTENSIA, Roth. Calyx 5-parted. Corolla funnel-shaped, 5-lobed, naked, or with 5 folds in the throat. Stamens partly exserted. Style filiform. Nutlets somewhat fleshy, not flattened at the base. — Smooth or soft hairy perennial herbs, with entire leaves, and showy purplish-blue flowers in corymbed or panicled racemes, the upper ones bractless. 1. M. Virginica, DC. Smooth; stem erect, simple ; leaves membrana- ceous, elliptical or obovate-oblong, the lower ones narrowed into a petiole ; racemes corymbose ; corolla large, naked and expanding at the throat, slightly lobed ; the tube 4 times^as long as the calyx, villous at the base within ; fila- ments longer than the anthers. (Pulmonaria Virginica, L.) — River-banks and along mountain streams, South Carolina to Tennessee, and northward. May. — Stem l°-2° high. Leaves 2' -3' or the lowest 4' -6' long. Corolla 1' long, sometimes white. 10. MYOSOTIS, L. FORGET-ME-NOT. Calyx 5-cleft. Corolla salver-form, 5-lobed, Convolute in the bud ; the tube as long as the calyx, with 5 obtuse appendages in the throat. Stamens very short, included. Nutlets 4, elliptical, compressed, smooth, with a minute scar at the base. — Low hairy herbs, with entire alternate leaves, and small white or blue flowers in terminal bractless racemes HYDROPHYLLACE.E. (WATERLEAF FAMILY.) 333 1. M. laxa, Lchm. Smooth, or slightly roughened with appressed scat- tered hairs ; stem weak, slender, creeping at the base, branching ; leaves lance- olate, obtuse, the lowest spatulate ; racemes elongated in fruit ; flowers distant, on widely spreading pedicels ; calyx hispid with straight hairs, the teeth equal and obtuse ; corolla pale blue. — Low grounds, Florida to Mississippi, and northward. May. Q) — Stem 1° high. Leaves 1 '- 1 %' long. 2. M. verna, Nutt. Hirsute with rigid spreading hairs ; stem erect (4' - 8' high), branching above; leaves lanceolate, sessile; the lower ones spatulate, ob- tuse ; calyx longer than the appressed pedicel, hispid, with the hairs near the base hooked ; the teeth unequal, acute. — Var. MACROSPERMA is every way larger (1°- l£° high) ; calyx with all the hairs hooked, the lower teeth twice as long as the upper ones. — Dry places in the upper districts, and northward; the variety, Florida, and westward. March and April. © — Corolla white or pale blue. 11. CYNOGLOSSTJM, Tourn. HOUND'S-TONGUE. Calyx 5-parted. Corolla funnel-form, with the throat closed with 5 obtuse scales. Stamens included. Nutlets 4, fixed near the apex to the base of the style, covered all over with barbed or hooked bristles, — Racemes with the lower flowers commonly bracted, the upper ones bractless. 1. C. Officinale, L. Yillous; stem leafy, branched above ; leaves lanceo- late or oblong, acute ; the upper sessile, the lowest tapering into a long petiole ; racemes hoary, nearly bractless ; nutlets flattened anteriorly and slightly mar- gined ; corolla reddish- violet. — Waste grounds, North Carolina, and northward. Introduced. — Stem l£° - 2° high. 2. C. Virginicum, L. Hispid ; stem simple, stout, naked above ; leaves oval or oblong ; the lowest petioled, the upper auriculate and clasping ; racemes single or corymbose, bractless ; pedicels slender, recurved in fruit ; nutlets rounded anteriorly ; corolla pale blue. — Dry soil, Florida to Mississippi, and northward. May and June. — Stem 2° -3° high. Lowest leaves 6' -9' long. Nutlets 1-4. 3. C. Morisoni, DC. Hairy ; stem erect, rather slender, widely branched ; leaves lanceolate-oblong, acute; the lowest tapering into a petiole; racemes numerous, slender, villous, bracted; pedicels short, recurved in fruit; corolla small, about as long as the calyx, white or pale blue. (Myosotis Virginiana, Pursh.) — Dry woods in the upper districts of South Carolina and northward. June and July. — Stem 2° - 3° high. ORDER 96. HYDROPHYLLACEJE. (WATERLEAF FAMILY.) Herbs, with alternate or (the lowest) opposite palmately or pinnately divided leaves, and regular flowers, either solitary in the axils, or in 1-sided recurved spikes or racemes. — Calyx 5-parted, persistent; the 334 HYDROPHYLLACE^. (WATERLEAF FAMILY.) lobes imbricated in the bud, and often with reflexcd appendages in the sinuses. Corolla obtusely 5-lobed, convolute or imbricated in the. bud. Stamens 5, inserted into the base of the corolla, and alternate with its lobes : anthers versatile. Ovary free, 1-celled, with 2 parietal placentae, each bearing 2 or more amphitropous ovules. Style slender, 2-cleft. Capsule globose or oblong, loculicidally 2-valved. Seeds reticulated. Embryo small in the axis of hard albumen. Synopsis. * Lobes of the corolla convolute in the bud. 1. HYDROPHYLLUM. Calyx without appendages. Stamens exserted. Stems erect. 2. NEMOPHILA. Calyx appendaged at the sinuses. Stamens included. Stems prostrate. * * Lobes of the corolla imbricated in the bud. 3. PHACEL1A. Calyx without appendages. Capsule 4 -many-seeded. 1. HYDROPHYLLUM, L. WATERLEAF. Calyx 5-parted, the lobes subulate; without appendages. Corolla broadly tubular, 5-cleft, about as long as the calyx, with 5 linear appendages on the tube within, opposite the lobes. Stamens and style exserted : anthers linear. Ovary hispid. Placentae 2, thick and fleshy, connected with the pericarp at the base and apex ; each 2-ovuled. Style filiform, 2-clcft. Capsule globose, 2-valved, 1-4-seeded. — Erect perennial mostly hairy herbs, with long-petioled pinnately or palmately divided leaves, and white or blue flowers in peduncled cymes, without bracts. 1. H. Virginicum, L. Stem leafless below, sprinkled, like the leaves, with rigid hairs ; leaves pinnately divided into 5-7 ovate cleft or toothed lobes, paler beneath ; peduncles forking, longer than the petioles ; cymes dense ; calyx- lobes linear, hispid ; filaments slightly hairy. — Low woods along the mountains, Georgia, and northward. June. — Stem l°-2° high. » 2. H. Canadense, L. Smoothish ; leaves orbicular-cordate, palmately 5 - 7-lobed, sharply toothed ; cymes dense, on forking peduncles which are shorter than the petioles ; calyx-lobes sparingly hispid ; filaments densely bearded. — Mountains of North Carolina, Tennessee, and northward. June. — Stem 1° high. Leaves 3' -5' in diameter. Corolla white. 2. NEMOPHILA, Nutt. Calyx 5-parted, with reflexed appendages in the sinuses. Corolla tubular or short bell-shaped, with 10 scale-like appendages at the base of the filaments. Stamens included : anthers ovoid. Ovary hispid, 2- 12-ovuled. Placentae large, lining the walls of the pericarp. Style 2-parted. Capsule globose, 1 - 2-seeded. — Tender prostrate annual herbs, with divided leaves, and solitary long pedun- cled flowers opposite the leaves. 1. N. mierocalyx, Fisch. & Meyer. Pubescent, or at length smoothish ; stem filiform, diffuse ; leaves thin, long-petioled, alternate, 3-lobed ; the lobes HYDROPHYLLACE^E. (WATERLEAF FAMILY.) 335 obovate or wedge-shaped, crcnately toothed ; the lowest ones mostly opposite, and O- 5-lobed ; flowers minute, white, on slender spreading peduncles, which are shorter than the petioles ; ovary 4-ovuled ; capsule 1 - 2-seeded. — Shady woods, Florida, Georgia, and westward. April -June. — Stem 3'-l° long. Leaves $'- I' long. Corolla 1" long. Seeds bony. 3. PHACELIA, Juss. Calyx 5-parted, not appendaged in the sinuses. Corolla bell-shaped, 5-lobed, imbricated in the bud. Stamens included or exserted : anthers ovoid or oblong. Ovary 2 - many-ovuled ; the 2 narrow placentae often projecting inwards, and forming an imperfect partition in fruit. Style 2-cleft. Capsule 2-valved, 4 - many-seeded. — Low chiefly annual herbs, with alternate mostly pinnately divided leaves, and white or blue flowers in one-sided racemes. § 1 . PHACELIA. — Ovules and seeds 4 : corolla variously appendaged within, the lobes entire. 1. P. bipinnatifida, Michx. Hairy; stem erect, much branched ; leaves long-petioled, 3 - 5-lobed, with the lobes oblong-ovate, acutely toothed ; the lower ones short-stalked, the upper confluent ; racemes loosely many-flowered, gland- ular ; pedicels slender, recurved in fruit ; calyx-lobes linear, hispid ; stamens bearded below, equalling or longer than the corolla. — Shaded banks, Alabama to North Carolina. May and June. — Ste.m 6' - 12' high. Corolla blue, £' wide. § 2. COSMANTHUS. — Ovules and seeds 4 : corolla not appendaged within, the lobes fimbriale : filaments hairy below. 2. P. Pursh.il, Buckley. Stems erect or ascending, clustered, smooth or hairy, branched ; leaves hirsute ; the lower ones petioled, almost pinnate, the upper clasping, pinnatifid, with the lobes acute ; racemes many-flowered ; calyx- lobes lanceolate-linear, bristly-ciliate ; corolla blue. (P. fimbriata, Parsh.) — Shady banks, North Carolina, Tennessee, and northward. May and June. — Stem 8f - 1 2' high. Corolla £' wide. 3. P. fimbriata, Michx. Smoothish or slightly hairy; stems spreading or ascending ; leaves few, the lowest petioled, with 3-5 roundish leaflets ; the upper ones pinnately 5 - 7-lobed, with the lobes obtuse ; racemes 3 - 10-flowered ; calyx-lobes linear-oblong, obtuse ; corolla white. — High mountains of North Carolina, Michaux, Buckley. May. — Stems 5' - 8' long. § 3. EOTOCA. — Ovules more than 4 : corolla usually with minute appendages within, the lobes entire. 4. P. parviflora, Pursh. Pubescent ; stems several, spreading, branching ; leaves petioled ; the lowest 3 - 7-lobed, the upper 3-parted ; racemes loosely 5 - 15-flowered; pedicels slender, much longer than the calyx; calyx-lobes linear- oblong, bristly-ciliate ; corolla small, pale-blue or white. — Shady banks, North Carolina, and northward. April and May. — Stems 3' -8' high. Corolla 3f/- 4" wide. Capsule few-seeded. 5. P. pusilla, Buckley. Pubescent and somewhat glaucous ; stems as- cending, branched ; leaves sessile, pinnatifid, the segments obovate, abruptly 336 HYDROLEACE.E. (HYDROLEA FAMILY.) acuminate ; pedicels short or elongated ; sepals linear-oblong, acute, two thirds the length of the pale blue or white corolla ; stamens exseited. — Prairies of Alabama, Buckley. April. ORDER 97. HYDROLEACE^E. (HYDROLEA FAMILY.) Glandular-pubescent or bristly herbs, with entire alternate leaves. Flowers regular, axillary and solitary or clustered, or in terminal corymbs or coiled bracted spikes. — Calyx 5-parted. Corolla somewhat bell- shaped, 5-lobed, imbricated in the bud. Stamens 5, inserted on the tube of the corolla, and alternate with its lobes, the filaments oftener hairy. Styles 2, separate : stigmas capitate. Ovules numerous, anatropous. Capsule many-seeded, more or less 2-celled by the meeting of the 2 pari- etal placentae, 2- or rarely 4-valved, opening through the middle of the cells, or at their margins. Embryo straight, in fleshy albumen. 1. HYDROLEA, L. Calyx 5-parted. Corolla short, bell-shaped, 5-cleft; the lobes spreading. Stamens somewhat exserted, with the filaments dilated at the base : anthers sagittate. Styles 2 (rarely 3), separate. Capsule globose, 2-celled, or imper- fectly 4-celled by the introversion of the placentae, 2-valved. — Herbs, grow- ing in water or muddy places, with entire leaves, often with spines in their axils, and blue axillary or corymbose flowers. 1 H. COrymbOSa, Ell. Spineless ; stem erect, hirsute, and branching above; leaves ovate-lanceolate, sessile; the veins and margins slightly pubes- cent ; flowers in a close terminal corymb ; calyx-lobes lanceolate, acute, hispid, J as long as the corolla. — Pine-barren ponds, in St. Stephen's, South Carolina, Elliott. July and Aug. — Stem 2° high, creeping at the base. Leaves I'-l^' long. Corolla " azure, with yellowish veins and 5 white spots near the base." Capsule 2-valved. 2. H. quadrivalvis, Walt. Spiny; stem ascending from a creeping base, hispid, mostly simple ; leaves lanceolate, acute, pubescent on the veins, tapering into a petiole ; flowers axillary, the lower ones clustered, the upper sol- itary, short-peduncled ; calyx-lobes linear, nearly as long as the corolla ; sta- mens included ; capsule almost 4-celled, by the introversion of the placenta?, 2-valved. — Pools and muddy banks of streams, Florida to North Carolina, and westward. July and Aug. — Stem 1° - 3° long. Leaves 3'- 4' long 2. NAMA, L. Calyx 5-parted. Corolla tubular-funnel-shaped, 5-cleft. Stamens included, the filaments equal : anthers reniform. Ovules numerous, anatropous, pendulous. Styles 2, distinct. Capsule oblong, many-seeded, seemingly 2-celled by the meeting of the placenta at the axis, 2- or at length 4-valved. Seeds pitted. — POLEMONIACE^E. (POLEMONIUM FAMILY.) 337 Diffuse, hairy herbs, with alternate, entire leaves, and axillary and terminal sin- gle, clustered, or cymose purple or white flowers. 1. N. Jamaicensis, L. Pubescent; stems prostrate, diffusely branched, angled or slightly winged by the decurrcnt leaves ; leaves spatulate-obovate, obtuse, tapering into a petiole ; flowers solitary or 2 - 3 together, short-pedtm- cled ; calyx-lobes linear, ciliate, as long as the corolla ; capsule oblong, splitting loculicidally into 2 valves, and at length septicidally into 4 valves, leaving the 2 placenta? free. — South Florida. — Stem 12' -18' long. Leaves £'-!' long. Corolla small, purple, ciliate. Capsule 4-angled, smooth. ORDER 98. POLEMONIACEJE. (POLEMONIUM FAMILY.) Chiefly herbs, with opposite or alternate leaves, and regular solitary or cymose flowers. — Calyx 5-cleft or 5-parted, with rnembranaceous-mar- gined lobes, imbricated in the bud. Corolla 5-lobed, convolute or (in No. 4) imbricated in the bud. Stamens 5, inserted on the tube of the corolla. Ovary 3-celled, with 3 - many amphitropous ovules attached to the cen- tral placenta. Style 3-cleft. Capsule 3-celled, loculicidally 3-valved. Seeds angular. Embryo straight in the axis of copious albumen. Cotyle- dons leafy. Radicle inferior. *t Synopsis. TRIBE I. POLEMONIE^E. —Lobes of the corolla convolute in the bud. Anther-cells parallel, opening lengthwise. 1. PHLOX. Corolla salver-form. Filaments unequally inserted on the tube. Leaves entire. 2. GILIA. Corolla tubular-funnel-shaped. Filaments equally inserted near the throat of the corolla. Leaves pinnately divided. 3. POLEMONIUM. Corolla short-bell-shaped. Filaments inserted on the throat of the co- rolla. Leaves pinnate. TRIBE II. DIAPEJVSIEJE. — Lobes of the corolla imbricated in the bud. Anther-cells opening transversely. 4. PYXIDANTHERA. Anther-cells awned at the base. Leaves entire. Flowers solitary. 1. PHLOX, L. Calyx cylindrical or bell-shaped, 5-cleft. Corolla salver-form, with a long and slender tube, and obovate or roundish lobes. Stamens 5, included, unequally inserted on the tube. Style filiform. Ovules solitary in the cells. Capsule ovoid, 1 -3-seeded; the valves at length separating from the central placenta. Seeds erect. — Mostly perennial herbs, with opposite or (the upper) alternate entire leaves, and showy purple or white flowers in terminal panicled cymes. § 1. Stems herbaceous, erect or ascending. * Style long, filiform: calyx-teeth lanceolate-subulate, not awn-pointed (except in No. 1 ) ; lobes of the corolla entire. 1. P. paniculata, L. Smooth; stem tall, branched above; leaves ovate- lanceolate, acute or acuminate, the upper ones often cordate ; cymes numerous, 29 338 POLEMONIACE^E. (POLEMONIUM FAMILY.) close-flowered, forming a corymbose or pyramidal panicle; calyx-teeth Iqng, bristle-pointed ; lobes of the corolla round -obovate. (P. undulata, Pursh. P. cordata, Ell. ?) — Var. ACUMINATA. (P. acuminata, Pursh.} Leaves acuminate at each end, the lower surface, like the stem, pubescent ; calyx-lobes shorter. — Rich woods in the upper districts of Georgia, and northward. June and July. — Stem 2° - 4° high. Leaves 2' - 4' long, thin, strongly veined beneath, the primary veins uniting within the margins. Corolla purple or white. 2. P. maculata, L. Stem erect, pubescent and roughish, especially above, rarely branched, often spotted with purple ; leaves rather rigid, lanceolate, acute ; the lowest often linear and elongated, the upper broader and rounded at the base, rough on the margins ; cymes closely many-flowered, lateral and terminal, form- ing an oblong or pyramidal panicle ; calyx-lobes straight, acute ; tube of the corolla slender, curved ; the lobes obovate. (P. pyramidalis, Smith. P. suaveo- lens, Ait.) — Var. NITIDA. (P. nitida, Ell?) Stem rigid, rough; leaves nu- merous, uniform, ovate-oblong, mostly cordate at the base ; calyx-lobes acuminate. — Low woods, Florida to Mississippi, and northward. June and July. — Stem 2° - 3° high. Leaves 2'- 4' long. Corolla purple or occasionally white. 3. P. Carolina, L. Smooth ; stem (1° high) erect or ascending, sparingly branched ; leaves varying from ovate to lanceolate, acute or acuminate, the upper ones often rounded or slightly cordate at the base ; panicle corymbose, few-flow- ered ; calyx-fcbes lanceolate, short-acuminate. (P. triflora, Michx.?) — North Carolina, Bentham. 4. P. glaberrima, L. Smooth ; stem erect or ascending, sparingly branched above ; leaves lanceolate or linear, acute, the lower tapering to the base, the upper broader and rounded at the base ; cymes usually 3, terminal, few-flowered ; calyx- lobes lanceolate, acute; corolla large, with the lobes wedge-obovate. — Moun- tains of North Carolina and Tennessee, and northward. July. — Stem l°-2° high. Leaves 3' - 4' long. Pedicels as long as the calyx. Corolla 1' long, pale purple. 5. P. reptans, Michx. Pubescent or smoothish ; stem low, slender, simple, bearing long runners at the base. Stem-leaves few, distant, lanceolate, rather obtuse ; the radical ones and those on the runners larger, spatulate or obovate, pctioled ; cyme terminal, few-flowered ; calyx-lobes linear-subulate, much shorter than the spreading or recurved pedicels ; corolla-lobes obovate, shorter than the slender straight tube ; anthers slightly exserted. — Damp shady woods near Washington, Wilkes Co., Georgia, and northward along the mountains. May and June. — Stem 6' -10' high. Leaves 6" -8f/ long/ the radical ones l'-3' long. Corolla 1' long, purple. * * Style short, scarcely longer than the ovary : calyx-teeth linear-subulate, tapering into an awn-like point : lobes of the corolla often notched: stems pubescent. 6. P. divaricata, L. Softly pubescent and more or less glandular ; stems ascending from a decumbent base, simple ; leaves distant, lanceolate or ovate- lanceolate, rather acute, mostly rounded at the base ; cymes corymbose, loosely- flowered ; lobes of the corolla obovate, notched or entire, as long as the tube, and twice as long as the calyx. — Woods and banks, Florida to Mississippi, and POLEMONIACEvE. (POLEMONftJM FAMILY.) 339 northward. April and May.— Stem 1° high. Leaves !'-!£' long. Corolla 6" -9" long, pale bluish-purple. 7. P. Walter!. Softly pubescent or villous ; stem low, ascending, simple ; leaves linear-lanceolate, rather acute, sessile, erect ; the lower ones approximate, the upper distant and often alternate ; cymes terminal, compact, leafy-bracted ; corolla-tube longer than the obovate lobes, and twice as long as the straight barely awned ciliate calyx-teeth. (P. pilosa, var. Waited, Gray. P. pilosa, Walt., Ell. P. glutinosa, BucU. ?) Dry gravelly hills and pine barrens, Florida, and north- ward. April and May. — Stem 6' -12' high. Leaves 1' long. Corolla bright purple, sometimes white, the tube 6" - 8" long. 8. P. pilosa, L. Pubescent or villous ; stem erect, mostly branching ; leaves linear, or linear-lanceolate, spreading, distant, acute, the uppermost rounded at the base ; cymes corymbose, loose-flowered ; calyx-teeth | as long as the tube of the corolla, prolonged into long and spreading bristle-like points, hairy. (P. aristata, Michx.) — Dry woods, Florida, and northward. April and May. — Stem rather slender, 1 ° - 1 £° high. Leaves 2' - 4' long. Corolla £' long, purple. 9. P. Floridana, Benth. Stem erect, simple, closely pubescent; leaves uniform, linear-lanceolate, acute, spreading or recurved, the upper ones often al- ternate ; cymes crowded or corymbose ; calyx-teeth spreading, somewhat bristle- pointed, glandular-pubescent, J-£ as long as the tube of the large corolla. — Dry open woods, Middle Florida. May. — Stem l£° - 2° high. Leaves 2' - # long. Corolla 1' broad, pale purple, the lobes round-obovate and entire. § 2. Stems shrubby, tufted, creeping : leaves subulate, rigid, leafy in the axils : style short. 10. P. subulata, L. Pubescent; flowering stems erect; leaves very nu- merous, the upper ones linear and mostly alternate ; calyx-teeth subulate, erect, spiny-pointed ; lobes of the corolla notched or entire. (P. setacea, L. P. Hent- zii, Nutt.) — Sandy pine barrens, Florida to Mississippi, and northward. April and May. — Stems 4' -12' long. Leaves 4" -6" long. Corolla £'- 1' broad, purple or white. P. DRUMMONDII, Hook., is an annual species, common in gardens. 2. GILIA, Ruiz and Pavon. Calyx tubular or bell-shaped, 5-cleft. Corolla funnel-shaped, 5-lobed. Sta- mens inserted equally near the mouth of the corolla. Ovules commonly numer- ous in the cells. Capsule oblong or obovoid. Seeds angled or compressed. — Herbs, with finely divided leaves, and showy flowers. 1. G. COronopifolia, Pers. Stem tall, simple, pubescent or hairy, very leafy ; leaves pinnately divided into many filiform very acute segments ; flowers scarlet, crowded in a long compound raceme or narrow panicle ; corolla tubular- funnel-shaped, with the oval-oblong obtuse lobes about J as long as the tube ; stamens exserted. (Cantua Floridana, Nutt.?) — Dry sandy soil, Florida to South Carolina, and westward. July, (g) — Stem 2° -4° high. Corolla 1' long, yellow and spotted with red within. 340 CONVOLVULACE^:. (CONVOLVULUS FAMILY.) 3. POLEMONIUM, L. Calyx bell-shaped, 5-cleft. Corolla short-bell-shaped, 5-lobed. Stamens 5, declined, inserted equally on the throat of the corolla, with a hairy appendage at the base of the filaments. Ovules numerous in the cells. Capsule ovoid. Seeds angled. — Herbs, with alternate pinnately divided leaves, and blue or white flowers in a nearly bractless corymb. 1. P. reptans, L. Smooth; stem weak, diffusely branched; leaves peti- oled, pinnate, with 5-13 lanceolate or elliptical entire leaflets ; corymbs pedun- cled, few-flowered ; flowers nodding ; calyx-lobes ovate, acute ; corolla blue ; anthers white. — Shady mountain woods, South Carolina, and northward. April and May. 1J. — Stem £° - 1° high. Leaflets % - 1£' long. Calyx enlarged in fruit. 4. PYXIDANTHERA, Michx. Calyx 3-bracted, 5-sepalous. Corolla bell-shaped, 5-lobed ; the lobes rounded, imbricated in the bud. Stamens broad, adnate to the tube of the corolla : anther- cells roundish, awned at the base, opening by a transverse line. Ovules 5-8 in each cell. Capsule few-seeded. — A small creeping shrub, with ascending very leafy branches. Leaves evergreen, linear, bearded at the base, the upper ones alternate. Flowers solitary, terminal. Sepals oblong, obtuse, ciliate. Corolla small, white. 1. P. barbulata, Michx. (Diapensia, Ett.) — Dry pine barrens, North Carolina, and northward. April and May. — Stems 3' - 6' long. Leaves 2" - 3" long. ORDER 99. CONVOL.VUL.ACEJE. (CONVOLVULUS FAMILY.) Chiefly twining or prostrate herbs, with alternate exstipulate leaves, and regular mostly showy and fugaceous flowers. — Calyx 5-sepalous, im- bricated. Corolla bell-shaped, funnel-shaped, or salver-form, 5-plaited or 5-lobed, convolute in the bud. Stamens 5, inserted on the tube of the corolla : anthers 2-celled, sagittate. Ovary free, single or double, 1-4- celled, with 1-2 erect anatropous ovules in each cell. Styles 1 or 2, entire or 2-cleft. Stigmas capitate, ovate, or acute. Capsule 2 - 6-seeded. Embryo large, coiled or curved in mucilaginous albumen. Synopsis* TRIBE I. CONVOY VUIiEJE. — Ovary single. Embryo with leafy cotyledons. Cap- sule opening by valves. — Flowers axillary, single or cymose. * Style single. Stigmas globose. 1. QTTAMOCLIT. Capsule 4-celled, 4-seeded. Corolla (red) salver-shaped. Stamens ex- serted. 2. BATATAS. Capsule 4-celled, 4-seeded. Corolla bell-shaped. Stamens included. CONVOLVULACE^E. (CONVOLVULUS FAMILY.) 341 8. PHARBITIS. Capsule 3-celled, the cells 2-seeded. Corolla bell-shaped. 4. IPOMCEA. Capsule 2-celled, the cells 2-seeded. Corolla bell- or funnel-shaped. Stamens mostly included. * * Style single. Stigmas ovate or cylindrical. 5. JACQUEMONTIA. Capsule 2-celled, 4-seeded. Stigmas ovate, flattened. 6. CALYSTEGIA. Capsule imperfectly 2-celled, 4-seeded. Stigmas cylindrical. Calyx in- cluded in the membranaceous bracts. * * * Styles 2, separate or partly united. Ovary 2-celled. 7. EVOLVULUS. Styles separate, 2-parted or 2-cleft. 8. STYLISMA. Styles separate or partly united, entire. TRIBE II. DICHONDRE^l. — Ovary double. Embryo -with cotyledons. Capsule utricular, 1-seeded. — Stems creeping. 9. DICHONDRA. Corolla bell-shaped. Stigmas thick. Peduncle 1-flowered. TRIBE III. CTJ SCUTES. --Ovary single. Embryo destitute of cotyledons. Capsule closed. 10. CUSCUTA. Twining parasites, with scale-like leaves. Styles 2. 1. QUAMOCLIT, Tourn. CYPRESS- VINE. Sepals 5. Corolla salver-form, 5-plaited, with the tube elongated. Stamens inserted at the base of the tube, dilated at the base,,exserted. Ovary 4-celled. Style single : stigma globular, 2-lobed. Capsule 4-valved, 4-seeded. — Twining annual herbs, with cordate entire or pinnatifid leaves, and red flowers, on axil- lary peduncles. 1. Q. COCCinea, Moench. Leaves petioled, cordate, acuminate, angled at the base ; peduncles as long as the petioles, 3 - 5-flowered j sepals awned ; co- rolla slightly lobed, scarlet. (Ipomoea coccinea, Z.) — Cultivated ground, in the middle and upper districts, and northward. July and Aug. — Corolla 1' long, sometimes yellowish. 2. Q. vulgaris, Chois. Leaves pinnatifid, with long and linear segments ; peduncles 1 - 3-flowered, the pedicels much thickened upward ; sepals ovate or oblong, awnless. — Spontaneous near gardens. July - Oct. 2. BATATAS, Chois. Sepals 5 Corolla bell-shaped, the limb 5-plaited, spreading. Stamens slightly dilated at the base, included. Ovary 4-celled. Style simple : stigma globular, 2-lobed. Capsule 4-celled, 4-seeded. — Trailing or twining herbs, with entire or lobed leaves. Peduncles axillary, 1 - several-flowered. 1. B. littoralis, Chois. Smooth and fleshy; stem prostrate, creeping; leaves oval or oblong, cordate, notched at the apex, entire or hastate-lobed, the lateral lobes entire or 2-cleft ; peduncles as long as the petioles, 1-flowered ; bracts subulate ; sepals oblong, mucronate ; corolla obscurely lobed, white, the tube yellowish. (Convolvulus obtusilobus, Michx.) — Drifting sands along the coast, Florida to South Carolina. May - Sept. 1J. — Leaves 1' - 2' long. Co- rolla 2' long. B. EDULIS, Chois., includes the different kinds of the cultivated SWEET POTATO. 29* 342 CONVOLVULACE^J. (CONVOLVULUS FAMILY.) 3. PHARBITIS, Chois. MORNING-GLORY. Sepals 5. Corolla bell-shaped or funnel-shaped, 5-plaited. Stamens dilated at the base, included. Style simple : stigma globose. Capsule 3 -4-celled, 3 - 4-valved, 6 - 8-seeded. — Twining herbs, with petioled cordate entire or lobed leaves, and single or cymose blue or purple flowers, on axillary bracted pe- duncles. 1 . P. hispida, Chois. Annual ; stem glandular-roughened and hairy ; leaves entire, round-cordate, acuminate ; peduncles mostly longer than the leaves, 3 - 5-flowered ; sepals ovate-lanceolate, acute, mostly hairy ; corolla showy, blue, purple, or variegated. (Convolvulus purpureus, L.) — Around dwellings. In- troduced. June - Sept. 2. P. Nil, Chois. Annual, hairy ; leaves membranaceous, broadly cordate, 3-lobed, the lobes acuminate ; peduncles shorter than the leaves, 2 - 3-flowered ; sepals densely hispid, ending in a long subulate point ; bracts linear ; corolla purple. (Convolvulus Nil, L.) ~ Cultivated ground, Florida, and northward. July- Sept. — Corolla l£' long, 4. IPOMCEA, L. MORNING-GLORY. Sepals 5. Corolla bell-shaped or funnel-shaped, 5-plaited. Stamens dilated at the base, included (except No. 8). Ovary 2-celled, rarely imperfectly 4-celled. Style simple : stigma capitate, 2-lobed. Capsule 2-celled, 2 -4-valved, 4-seeded, or, by abortion, 1 - 3-seeded. Seeds smooth or hairy. — Twining or trailing rarely erect herbs, with cordate or sagittate entire or variously lobed leaves, and showy white or purple flowers on axillary peduncles. * Flowers crowded in a leafy-bracted capitate cyme : corolla small, bell-shaped. 1. I. tamnifolia, L. Hairy ; stem erect or twining ; leaves cordate-ovate, acuminate, somewhat plicate with impressed parallel veins ; peduncles longer than the petioles ; lower bracts longer than the many-flowered heads ; sepals subulate, bristly, nearly as long as the blue corolla ; stigmas distinct ; capsule depressed, somewhat 4-sided. — Cultivated ground, Florida to South Carolina, and west- ward. July - Oct. (3) — Stem 1° -4° long. Corolla £' long. * * Flowers solitary, or few in an open cyme. M- Corolla bell-shaped : leaves orbicular : stems prostrate. 2. I. Pes-Caprse, Sweet. Smooth and fleshy ; stem prostrate ; leaves petioled, orbicular, or slightly notched at the apex, parallel-veined ; peduncles 1 - 3-flowered, the ovate bracts minute ; sepals oval or oblong, obtuse, mucro- nate; tube of the corolla very short. (I. orbicularis, Ell.) — Drifting sands along the coast, Florida and Georgia. Aug. - Oct. 1J. — Leaves 2' long. Co- rolla 2' long, purple. ^_ -H. Corolla (mostly small) bell-shaped: capsule hairy: seeds smooth or nearly so: stems slender, twining: leaves petioled, cordate, entire or 3-lobed: stamens included. 3. 1. commutata, R. & S. Stem pubescent or hairy ; leaves thin, cor- date, acuminate, entire, angled or 3-lobed, the lateral lobes acute or sometimes CONVOLVULACE^E. (CONVOLVULUS FAMILY.) 343 2-cleft, sprinkled with hairs on both sides ; peduncles 4-angled, about as long as the filiform petioles, 1 - 5-flowered ; bracts small, subulate ; corolla purple, 4-5 times as long as the ovate-lanceolate acuminate ciliate sepals ; capsule globose, 4-valved, shorter than the calyx. (I. trichocarpa, Ell.} — Margins of swamps, and cultivated grounds, Florida to North Carolina, and westward. Aug. - Oct. —Leaves !'-!£' long. Corolla l£' - 2' long. 4. I. triloba, L. ? Stem slender, hairy ; leaves cordate, abruptly atten- uated, but obtuse at the apex, entire or hastate-lobed, with the lateral lobes rounded, smooth below, slightly hairy above ; peduncles 3-flowered, longer than the leaves ; bracts subulate ; corolla small, purple, twice as long as the oblong, acute, hairy sepals ; capsule globose ; seeds slightly pubescent on the angles. — South Florida. — Leaves 1' - 1£' long. Corolla ^' long. 5. I. lacunosa, L. Stem and leaves smoothish ; leaves cordate, obtuse or acuminate, entire or 3-lobed ; peduncles 1 - 3-flowered, shorter than the leaves, often shorter than the petioles ; corolla small, white, twice as long as the ovate- lanceolate acuminate ciliate sepals ; capsule globose, slightly hairy. — Low grounds, in the middle districts of Georgia, and westward. Aug. - Oct. — Ca- lyx and corolla commonly longer than the preceding. -t- -t- -i- Corolla large, funnel-shaped, the tube elongated : capsule smooth : seeds often woolly : stems elongated : leaves cordate, petioled, entire or 3-lobed. 6. I. pandurata, Meyer. Stem twining, smoothish ; leaves cordate, acu- minate, but scarcely acute, entire or fiddle-shaped, more or less pubescent above, paler and smooth beneath ; peduncles commonly longer than the petioles, 1-6- flowered ; bracts minute ; sepals smooth, oblong-ovate, obtuse, mucronate, the two outer ones shorter ; corolla white, with pointed lobes, the tube purple within. — Var. HASTATA. Stem mostly prostrate ; leaves hastately 3-lobed, the lateral lobes rounded ; peduncles mostly 1-flowered, longer than the leaves ; inner sepals acute. — River-banks and margins of swamps, the var. in sandy pine barrens, Florida to Mississippi, and northward. Aug. -Oct. 1J. — Root tuberous, very large. Corolla 3' long. Capsule globose. Seeds woolly on the angles. - 7. I. Michauxii, Sweet. Stem pubescent, stout ; leaves membranaceous, deltoid, cordate but decurrent on the petiole, obtuse, plaited by the strong im- pressed veins, wavy on the margins, slightly roughened above, hoary-pubescent beneath ; peduncles 1- 5-flowered; sepals thick, oblong, obtuse, tomentose ; co- rolla pubescent, white tinged with purple, notched at the angles of the limb, and bright purple on the tube within ; capsule ovate, pointed, 2-valved ; seeds very silky. (I. macrorhiza, Michx.}— Light sandy soil, Florida to South Carolina, along the coast. July - Sept. y. — Root very large. Leaves 3' - 5' long, occa- sionally 3-lobed. Corolla 3' -4' long, opening at night. Ovary imperfectly 4-celled. 8. I. Bona-Nox, L. Smooth ; leaves membranaceous, cordate, acumi- nate, entire, long-petioled ; peduncles very stout, 5 - 7-flowered, longer than the leaves ; sepals ovate, obtuse ; the 2 outer ones prolonged in a long filiform ap- pendage ; corolla white, almost salver-form ; the tube very long and slender ; stamens and style partly exserted ; capsule ovate, pointed with the conical per- 344 CONVOLVULACE^:. (CONVOLVULUS FAMILY.) sistent base of the style. (Calonyction speciosum, Chois.} — South Florida. — Stem sometimes prickly. Leaves 2' -3' long. Tube of the corolla 3' - 4' long, l"-2" in diameter. 9. I. sagittifolia, Bot. Reg. Smooth and somewhat fleshy ; stem slender; leaves sagittate, lanceolate or linear ; the lateral lobes long, spreading, acute ; peduncles 1 - 3-flowered, club-shaped, shorter than the leaves, minutely bracted ; sepals oval, rounded and purple at the apex, shorter than the ovate 4-valved pointed capsule ; seeds silky on the angles; corolla bright purple. (C. sagitti- folius, Michx.) — Salt marshes, Florida to North Carolina. July -Sept. 1J. — Stem commonly 2° - 3° long. Corolla 3' long. 10. I. fastigiata, Sweet ? Smooth ; leaves cordate, 3-lobed, with the lobes acuminate; peduncles about as long as the petioles, 3 -several-flowered, with leafy lanceolate bracts ; sepals lanceolate, terminating in a long subulate point, on pedicels shorter than the bracts ; tube of the corolla greenish, the ex- panding acutely lobed border purple. — South Florida. — Leaves l£'- 2' long. Corolla 3' long. -i- H- H- -t- Corolla bell-shaped : leaves pedately 7 '-parted. 11. I. sinuata, Ort. Stem very long, shrubby at the base, the branches muricate, hairy ; leaves smooth, with the divisions lanceolate, sinuate-toothed ; peduncles shorter than the leaves, 1 - 2-flowered ; pedicels flattened, dilated up- ward, nodding; sepals ovate-lanceolate, acutish, smooth, half as long as the corolla, widely spreading in fruit ; corolla white, purple in the throat ; capsule globose; seeds smooth. (Convolvulus dissectus, Michx.) — South Florida. July- Oct. 11 — Stem sometimes 40° long. Leaves 4'- 6' wide. Corolla l£' long. 5. JACQUEMONTIA, Chois. Sepals 5, unequal. Corolla bell-shaped, 5-plaited. Style single : stigmas 2, ovate or oblong, flattened. Ovary 2-celled, 4-ovuled. Capsule 2-celled, 2-4- valved, 4 -seeded. — Habit of Ipomoea. 1. J. violacea, Chois. Stem smoothish, twining ; leaves petioled, oblong- ovate or ovate-lanceolate, acuminate, pubescent, the lower ones slightly cordate ; peduncles longer than the leaves, many-flowered ; sepals ovate, acuminate, the 2 outer ones larger ; corolla small, purple ; stigmas oblong, diverging ; capsnle smooth, 4-valved, shorter than the calyx. — South Florida. — Stem l°-3° long. Leaves 1'- 2' long. Corolla £' long. Seeds roughish. 6. CALYSTEGIA, K. Brown. Sepals 5, included in the two large membranaceous bracts. Corolla bell- shaped. Style single : stigmas 2, oblong or cylindrical. Capsule imperfectly 2-celled, 4-seeded. — Leaves petioled, cordate or sagittate. Peduncles 1-flowered. 1. C. sepium, E. Br. Smooth; stem twining; leaves broadly sagittate, acute, the wide lateral lobes obliquely truncated and often toothed ; peduncles 4-angled, as long as the petioles ; bracts cordate-ovate or oblong, strongly keeled CONVOLVULACE.E. (CONVOLVULUS FAMILY.) 345 on the back ; sepals acute ; corolla white or rose-color. (Convolvulus sepium, Z.) — Varies with the stem and shorter peduncles pubescent; leaves smaller and narrower. (C. Catesbeiana, Ph.?) — Rich soil, Florida (the var.), and northward. Aug. and Sept. ty — Leaves 2' -4' long. Corolla l£' - 2' long. Stigmas oblong-ovate. Stamens dilated and flattened below. 2. C. spithamsea, Pursh. Pubescent ; stem erect, rarely twining at the summit ; leaves ovate or oblong-ovate, cordate, the upper ones acute ; peduncles longer than the leaves, terete ; bracts ovate-lanceolate ; corolla white. — Dry soil, Florida, and northward. May -Sept. 1|. — Stem l°-2° high. Leaves 1 ' - 2' long. Corolla 1 £' - 2' long. 3. C. paradoxa, Pursh. Stem prostrate, tomentose ; leaves oblong, cordate-sagittate, acute; peduncles longer than the leaf; bracts remote from the flower, linear ; sepals naked, smooth, acuminate ; corolla large, white. — In Carolina or Virginia, Pursh. ( * ) 7. E VOLVULUS, L- Sepals 5. Corolla bell-shaped or somewhat wheel-shaped, mostly hairy. Stamens included. Styles 2, distinct, 2-cleft or 2-parted : stigma obtuse. Capsule 2-celled, 4-seeded. — Small perennial herbs, with chiefly silky or hairy prostrate stems, entire leaves, and small flowers on axillary peduncles. Cap- sules nodding. * Common peduncle very short or none ,* the pedicels shorter than the leaves. 1. E. sericeus, Swartz. Silky with appressed hairs throughout, except the upper surface of the leaves ; stem dividing at the base into numerous pros- trate or ascending simple filiform branches ; leaves sessile, linear or linear-lan- ceolate, acute at each end, erect ; peduncle almost wanting, 1 -flowered, rarely 2" - 3" long and 2 - 3-flowered ; sepals ovate-lanceolate, acuminate, ^ as long as the white wheel-shaped corolla. — Varies with shorter (4' - 6' long) and more rigid stems, and oblong or elliptical and obtuse leaves. — Damp soil, Florida, Georgia, and westward. June -Oct. — Stems 6' -12' long. Leaves 6" -9" long. Co- rolla 4" - 5" in diameter. * * Peduncles longer tJian the leaves. 2. E. glabrillSCUlus, Chois. Stem creeping, simple, sprinkled with ap- pressed hairs ; leaves rigid, elliptical-obovate, mucronate, nearly sessile, smooth above, pubescent on the veins beneath ; peduncles bristle-like, rather longer than the leaves, 1- 3-flowered; sepals ovate-lanceolate, acute, hairy, as long as the pedicel ; corolla very small. — South Florida. — Stem 1° long. Leaves 4" - 6" long. Corolla 2" wide. 3. E. diffusus, n. sp. Silky with long spreading hairs ; stems very nu- merous, filiform, diffuse ; leaves obovate or oblong, mucronate, short-petioled ; peduncles bristle-like, often by pairs, 3-4 times as long as the leaves, 1-3- flowered ; sepals ovate-lanceolate, acuminate, shorter than the pedicels ; corolla wheel-shaped ; styles parted nearly to the base. — South Florida. — Stems 1°- 2° long. Leaves 4" -6" long. Corolla 2" wide. 346 CONVOLVULACE^E. (CONVOLVULUS FAMILY.) 8. STYLISMA, Raf. Sepals 5. Corolla bell-shaped, hairy. Stamens included. Styles 2, distinct or united below, entire : stigmas peltate. Ovary 2-celled, 4-ovuled. Capsule 1 - 4-seeded. — Perennial prostrate pubescent herbs, with entire leaves, and small flowers on axillary peduncles which are longer than the leaves. 1. S. humistrata. Hairy and roughish; leaves petioled, oblong, slightly cordate, obtuse or cmarginate at the apex, mucronate ; peduncles filiform, 1-7- flowered ; sepals ovate, acute, smooth, fringed on the margins ; capsule smooth, nodding; bracts minute; corolla white; filaments hairy; styles united below. — Varies with linear or lanceolate, often acute, nearly sessile leaves, shorter and uniformly 1 -flowered peduncles, and more pubescent sepals. (Convolvulus hu- mistratus, Walt. C. tenellus, Ell.) — Dry sandy pine barrens, Florida to South Carolina, and westward. July -Sept. — Stems 2° -3° long. Leaves l'-3' long. Corolla 10" long. Capsule ovate, commonly 1 -seeded, crowned with a tuft of hairs when young. 2. S. aquatica. Silky-pubescent and somewhat hoary; leaves linear-ob- long, obtuse, mucronate, truncate or slightly cordate at the base, short-petioled ; peduncles 1-7 (mostly 3-)-flowered ; sepals ovate-lanceolate, acuminate, veiy silky ; capsule erect, pubescent ; bracts subulate, as long as the pedicels ; corolla purple; filaments smooth; styles distinct. (Convolvulus aquaticus, Walt.) — Margins of ponds, Florida to North Carolina, and westward. July - Sept. — Stems 2°- 3° long. Leaves £' - 1' long. Corolla 5" long. 3. S. Pickeringii, Gray. Soft-pubescent or villous ; leaves linear, ob- tuse, narrowed at the nearly sessile base ; peduncles 1 - 3-flowered ; bracts linear, as long as the flower ; sepals ovate-lanceolate, very hairy, longer than the pedi- cel ; corolla small, white ; styles united nearly to the apex ; stamens slightly exserted. — Sandy pine barrens, North Carolina, and northward. July - Sept. — Stems 2° - 3° long. Leaves 12" - 15" long. Corolla 5" long. 9. DICHONDBA, Forst. Calyx 5-parted, with the lobes obovate. Corolla somewhat wheel-shaped, 5-parted, shorter than the calyx. Stamens included. Ovaries 2, distinct, 2-ovuled. Styles 2 : stigmas capitate. Utricles 2, one-seeded. — Low pubescent creeping herbs, with broadly cordate petioled leaves, and solitary bractless flow- ers on axillary peduncles. 1. D. repens, Forst., var. Carolinensis, Chois. — Low grounds, Florida to North Carolina, and westward. March -Oct. 1J. — Stems filiform, 6' - 12' long. Leaves £'-!£' in diameter, on petioles 1'- 4' long. Peduncles shorter than the petioles. Calyx silky. Corolla minute, greenish white. 10. CITSCUTA, Tourn. DODDER. Calyx 4 - 5-cleft, or 4 - 5-sepalous. Corolla globular-urn-shaped, bell-shaped, or somewhat tubular, 4 - 5-cleft. Stamens 4-5, with fimbriate mostly confluent scales at the base. Ovary 2-celled, 4-ovuled. Styles 2 : stigmas capitate (in SOLANACE.E. ^NIGHTSHADE FAMILY.) . 347 our species). Capsule 4-seeded. Embryo filiform, coiled around fleshy albu- men. Cotyledons none. — Twining parasites, germinating in the ground, but early decaying at the root. Stems filiform, yellow or reddish, without leaves, or with minute scales in their place. Flowers white, small, variously clustered. * Flowers pedicelled, with few and distant bracts : calyx 4 - 5-cleft : corolla bell- shaped, persistent at the base of the capsule. 1. C. arvensis, Beyrich. Low; flowers small, 5-parted, in loose umbel- like cymes ; lobes of the corolla lanceolate, acuminate, spreading or reflexed, longer than the tube ; scales ovate, often partly exserted ; capsule globose, thin, yellowish. — Fields and sterile soil, on small herbs, Florida to North Carolina. June and July. — Stems 1° high. Flowers the smallest of our species. 2. C. Gronovii, "Willd. Stem climbing high; flowers mostly 5-cleft, in loose paniculate cymes ; lobes of the corolla ovate, obtuse, spreading, mostly shorter than the tube ; scales large, confluent at the base ; capsule globose, brown. (C. Americana, Pursh., DC.) — Low shady places, on coarse herbs, Florida, and northward. Aug. - Oct. 3. C. neuropetala, Engelm. Stem branching ; flowers rather large, 5-parted, in smooth umbel-like cymes ; lobes of the calyx ovate-lanceolate, acute ; lobes of the corolla ovate, acuminate, crenulate, 1 -nerved, spreading, as long as the tube; scales ovate, incurved, as long as the tube. — Damp soil, Florida, and westward. May. 4. C. rostrata, Shuttl. Stem twining high ; flowers large, 5-parted, in umbel-like cymes ; lobes of the calyx ovate, obtuse ; lobes of the corolla ovate, obtuse, spreading and at length reflexed, half as long as the tube ; scales connate at the base ; capsule large, acute. — Shaded moist places on tall herbs, on the mountains of North Carolina, and northward. * * Flowers sessile, in compact clusters : calyx of 5 separate sepals, surrounded by several similar bracts : corolla persistent at the apex of the capsule. 5. C. compacta, Juss. Stems climbing high ; bracts and sepals orbicu- lar, concave, denticulate, imbricated ; tube of the corolla equalling or longer than the calyx, the oblong obtuse lobes spreading; scales confluent at the base; capsule globose-ovate. — Damp shady places, Florida, and northward. July - Oct. — Clusters often continuous, and spirally coiled around herbs and shrubs. ORDER 100. SCMLANACEJE. (NIGHTSHADE FAMILY.) Herbs or shrubs, with, colorless juice, alternate leaves, and regular axil- lary or supra-axillary flowers. — Calyx 4 - 7-cleft, or 4 - 7-toothed, persist- ent, often inflated in fruit. Corolla 5 - 10-lobed, plaited and valvate, convolute, or imbricated in the bud. Stamens 4-7, inserted on the tube of the corolla : anthers 2-celled, opening lengthwise or by terminal pores. Style and stigma single. Fruit a 2-celled (rarely 3 - 5-celled) many- 348 SOLANACEuE. (NIGHTSHADE FAMILY.) seeded capsule or berry. Placentas adnate to the partition and projecting into the cells. Seeds campylotropous or amphitropous. Embryo mostly slender and curved in fleshy albumen. — Chiefly narcotic poisons. Synopsis. § 1. Fruit a berry. * Corolla wheel-shaped or short bell-shaped. •i- Anthers connivent. Calyx unchanged in fruit. 1. SOLANUM. Anthers opening by terminal pores. Berry juicy. 2. CAPSICUM. Anthers opening lengthwise. Berry juiceless. 4- -i- Anthers separate, opening lengthwise. Fruiting calyx inflated. 3. PHYSALIS. Berry juicy. Calyx entire at the base. 4. NICANDRA. Berry dry. Calyx 10-toothed at the base. * * Corolla funnel-shaped. 5. LYCIUM. Anthers opening lengthwise. Berry juicy. Shrubs. $ 2. Fruit a capsule- 6. DATURA. Calyx prismatic or terete, circumscissile. Capsule spiny. 1. SOLANUM, L. NIGHTSHADE. Calyx 5-toothed or 5-cleft. Corolla wheel-shaped, 5-lobed, valvate, with the margins turned inward. Stamens 5, inserted on the throat of the corolla, ex- serted ; the filaments very short : anthers opening by 2 terminal pores, conni- vent. Stigma obtuse. Berry juicy, 2-celled, many-seeded. — Herbs or shrubs, often armed with prickles. Leaves alternate or in pairs. Flowers opposite the axils, or above them. * Unarmed : cymes or racemes corymbed : corolla 5-parted. 1. S. nigrum, L. Herbaceous, mostly pubescent with simple hairs ; stem erect, branching ; the branchlets wing-angled, and more or less toothed ; leaves petioled, oblong-ovate, toothed or entire ; flowers somewhat umbelled, drooping, small, white ; berry black. — Damp soil, Florida to Mississippi, and northward. July -Sept. — Stem l°-3° high, diffuse. Leaves 2'-4f long, when in pairs, unequal. Corolla 4" - 6" wide. Berry 2" - 3" in diameter. 2. S. Kadula, Vahl. Shrubby, and very rough throughout with short rigid rusty stellate hairs ; leaves oblong, entire, acute, tapering into a short peti- ole; cymes slender, long-peduncled, once or twice forking, many-flowered, longer than the leaves ; flowers small, linear in the bud ; corolla white, deeply parted, the lobes linear-lanceolate, obtuse ; anthers hairy. — South Florida. — Leaves 2' - 3' long. Cymes 3' - 4' long. Corolla 5" wide. 3. S. verbascifolium, L. Shrubby, and hoary throughout with dense soft stellate hairs ; leaves large, ovate-oblong, acute at each end, entire ; cymes on long and very stout peduncles, forking, compactly many-flowered ; flowers globose-obovate in the bud ; calyx-lobes ovate, acute ; corolla-lobes oblong, obtuse , anthers oblong, twice as long as the slender filaments ; ovary woolly. — South Florida. Oct. - Dec. — Shrub 4° -5° high. Leaves 6' -9' long. Co- rolla £' wide. SOLANACE^:. (NIGHTSHADE FAMILY.) 349 4. S. Blodgettii, n. sp. Stem shrubby? smooth, the branches, like the up- per surface of the leaves, roughened with a close stellate (greenish) pubescence ; leaves oblong, obtuse, entire, narrowed into a short petiole, hoary-tomentose beneath, like the rather short-peduncled many-flowered forking cymes ; calyx small, obconical, with short rounded teeth ; corolla purple ? deeply parted, 3-4 times as long as the calyx, with lanceolate acute lobes ; anthers nearly sessile, linear, narrowed at the apex, shorter than the style. — South Florida. — Leaves 3' - 4' long. Flowers £' in diameter. * * Prickly: flowers racemed: corolla mostly angularly lobed. j 5. S. Carolinense, L. Hirsute with stellate hairs ; stems erect ; leaves ovate-oblong, angularly lobed or toothed, abruptly contracted into a short pet- iole ; the veins and petiole, like the stem, armed with straight yellow prickles ; racemes simple, slender, 3 - several-flowered ; calyx-lobes acuminate. — Var. FLO- BIDANA (S. Floridana, Dunal) is less hairy; stems ascending from a creeping base ; leaves narrower, sinuate-lobed or toothed, with more numerous and stronger prickles. — Dry waste places, Florida to North Carolina. June - Sept. If. — Stem 1° - 1|° high. Leaves 3' - 5' long. Corolla 9" - 12" wide, blue or white. 6. S. aculeatissimum, Jacq. Plant beset throughout with bristly hairs and stout prickles ; stem diffusely branched ; leaves petioled, ovate or oval, membranaceous, acute, rounded or cordate at the base, acutely lobed or toothed ; racemes lateral, slender, 2 - 5-flowered, shorter than the petioles ; corolla-lobes lanceolate, acute, white ; anthers acuminate ; berry globose, yellow. — Waste places, Florida to North Carolina. Probably introduced from Mexico. June - Sept. CD — Stem 1 ° - 2° high. Leaves 3' - 6' long. Corolla 6" - 9" wide, the lobes recurved. i 7. S. mammosum, L. Pubescent with stellate hairs, and the stem, pet- ioles, and nerves of the leaves armed with stout flattened prickles ; stem stout, erect; leaves large, ovate, sinuate-lobed, slightly cordate; racemes cymose, long-peduncled, many-flowered; corolla large, purple, with ovate spreading lobes ; berry conical-ovate. — Koad-sides, and waste ground, Florida and Georgia. July -Sept. © — Stem 2° -3° high. Leaves 6' -9' long. Co- rolla 1^' wide. Anthers narrowed upward, on slender filaments. Calyx unarmed. 8. S. hiTSUtum, Nutt, not of Dunal. Dwarf, hirsute; leaves broadly obovate, very obtuse, nearly entire, narrowed at the base, prickly on the midrib ; racemes 3-flowered ; peduncles filiform. — Milledgeville, Georgia. — Roots pro- fusely creeping. Stem a span high, beset with yellowish hairs. Calyx very rough. Flowers purple 1 ( * ) S. PSEUDO-CAPSICUM, L., the JERUSALEM CHERRY, is sometimes sponta- neous near dwellings. S. TUBEROSUM, L., is the IRISH POTATO, as it is here called ; S. MELONGE- NA, L., the EGG-PLANT ; and S. LYCOPERSICUM, L. (Lycopersicum esculentum, Mill.) the TOMATO. 30 350 SOLANACE^. (NIGHTSHADE FAMILY.) 2. CAPSICUM, Tourn. RED-PEPPER. Calyx cup-shaped, 5-7-toothed. Corolla wheel-shaped, 5-7-cleft, plaited. Stamens 5-7, inserted on the throat of the corolla, exserted : anthers connivent, opening lengthwise. Stigma obtuse. Berry juiceless, partly 2-3-celled, many- seeded. — Herbs or shrubs, with acrid juice, solitary flowers, and red berries. ' 1 - C. frutescens, L. Shrubby, smooth ; stem branching ; leaves oblong- ovate, obtuse, entire, acute or rounded at the base, petioled, often by pairs ; calyx obscurely toothed, long-peduncled, erect ; berry oblong, shorter than the peduncle. — South Florida. — Stem l°-2° high. Leaves 1' long. Flowers in the forks of the branches. Berry 4" - 6" long. 3. PHYSALIS, L. GROUND-CHERRY. Calyx 5-toothed, inflated in fruit, and enclosing the juicy berry. Corolla short-bell-shaped, plaited, 5-lobed or 5-angled. Stamens 5, inserted on the tube of the corolla : anthers separate, opening lengthwise. Stigma obtuse. Seeds flat, kidney-shaped. — Diffusely branching herbs, with alternate petioled leaves, which are often by pairs, and solitary nodding flowers in their axils, or in the forks of the branches. * Perennial: peduncles commonly longer than the petiole: corolla 8" -10" in diam- eter, spotted in the throat with brown or purple. 1. P. viscosa, L. Pubescent or hairy ; root slender, elongated ; stems erect, at length diffusely branched, angled ; leaves ovate, entire or angularly toothed, acute or obtuse, rounded or cordate at the base ; calyx hairy, with triangular-ovate lobes ; corolla pubescent, yellow, with 5 large brown spots in the throat ; style and filaments purple ; anthers yellow ; fruiting calyx oblong- ovate, sharply 5-angled, concave or truncate at the base ; berry globose, viscid. (P. heterophylla, Nees. P. Pennsylvanica, L.) — Dry light or sandy soil, Flor- ida to Mississippi, and northward. July - Oct. — Stems £° - 2° high, sometimes purple ; the pubescence often viscid, jointed, or rough. Leaves 1'- 2' long, the uppermost rarely acute and unequal at the base. Corolla obscurely lobed. Fruiting calyx l'-l£' long. 2. P. lanceolata, Michx. Pubescent ; leaves ovate-lanceolate or oblong, obtuse, but often attenuate at the apex, entire, wavy, or coarsely and obtusely toothed on the margins, acute and commonly very unequal at the base ; calyx pubescent, the lobes long-acuminate from an ovate base ; corolla 5-lobed, or some- what 10-lobed or toothed, yellow in the throat ; fruiting calyx ovate or globose- ovate, 5-angled. (P. Elliottii, Kunze. P. maritima, M. A. Curtis ?) — Dry sandy soil, Florida to North Carolina. July- Oct. — . Stem 1° high, erect or diffuse. Leaves l'-3' long. Fruiting calyx !'-!£' long, smooth or hairy. 3. P. angustifolia, Nutt. Smooth ; stem low, erect or at length diffuse, 3-4-angled; leaves linear or lanceolate, obtuse, entire, narrowed gradually at the base into "a winged petiole ; calyx lobes short, triangular-ovate, obtuse, tomentose on the margins ; corolla yellow, brownish-purple in the throat, SOLANACE^E. (NIGHTSHADE FAMILY.) 351 5-lobed; fruiting calyx oblong-ovate, wing-angled, depressed at the base. — Low sandy places along the coast, West Florida. July- Sept. — Stem 6' -12' high. Leaves 2' -5' long, equal at the base, somewhat fleshy. Corolla some- times 1' in diameter. Fruiting calyx 9"- 12" long. Anthers yellow. * * Annual: peduncles shorter than the petiole: corolla 4" - 6" in diameter, yellow, spotted in the throat with green or brown. 4. P. angulata, L. Smooth throughout ; stem sharply 4-angled, erect or at length diffusely procumbent ; leaves oblong-ovate, acuminate, sharply toothed, long-petioled, slightly unequal at the base, the lower ones often somewhat cor- date ; calyx-lobes triangular-lanceolate, as long as the tube ; corolla pale-yellow, 5-toothed, spotted with green in the throat ; filaments smooth ; anthers purple ; fruiting calyx globose-ovate, equally 10-angled, reticulated with purple veins, depressed at the base. — Fields and waste ground, Florida, and northward. — July- Oct. — Stem 1° - 4° long. Leaves 2' - 3' long. Fruiting calyx 1' long. 5. P. pubescens, L. Tomentose or villous with soft often viscid hairs, rarely smoothish ; stem diffusely branched, 4-angled, with one side rounded ; leaves long-petioled, mostly acute, obtusely toothed, wavy-margined, or entire, ovate, and mostly slightly cordate and unequal at the base ; calyx-teeth, subulate, twice as long as the tube ; corolla bright yellow, 5- or somewhat 10-toothed, brown in the throat ; filaments hairy ; anthers purplish ; fruiting calyx oblong- ovate, sharply 5-angled, truncate at the base. (P. hirsuta, Dunal P. pruinosa, Ell. P obscura, Michx.) — Fields and waste grounds, common. July - Oct. — Stems l°-3° long. Leaves l'-2' long. 4. NICANDRA, Adans. Calyx 5-parted, inflated, 10-toothed at the base. Corolla bell-shaped, plaited, obscurely 5-lobed. Stamens 5: anthers separate, opening lengthwise. Berry juiceless. — A smooth erect branching annual, with ovate-oblong toothed or lobed petioled leaves, and solitary axillary nodding purple flowers. 1. N. physaloides, Gasrt. — (Atropa physaloides, L.) — Waste and cul- tivated ground. Introduced. July -Sept. — Stem l°-3° high, with angled branches. Leaves 2' - 5' long, decurrent on the petiole. Corolla white in the throat. Fruiting calyx 5-angled, enclosing the globose berry. 5. LYCIUM, L. Calyx 4-5-cleft. Corolla funnel-shaped, 5-10-cleft or toothed. Stamens 4 - 5 : anthers opening lengthwise, separate. Stigma capitate. Berry not en- closed in the calyx. — Erect or twining often spiny shrubs, with entire alternate or clustered leaves, and axillary or terminal flowers. 1. L. Carolinianum, Michx. Stem erect, spiny, much branched ; leaves small, clustered, club-shaped, fleshy ; flowers solitary, axillary, purple ; calyx and corolla 4-cleft ; stamens 4, exserted. — Salt marshes, Florida to South Carolina. July - Sept. — Shrub 3° -5° high. Leaves l£' long. Corolla small, hairy within. Berry red. 352 dENTIANACE^E. (GENTIAN FAMILY.) 6. DATURA, L. JAMESTOWN-WEED. THORN-APPLE. Calyx tubular, terete or angled, 5-cleft, separating near the base, the upper portion deciduous. Corolla funnel-shaped ; the limb plaited, 5-lobed, convolute in the bud. Stamens 5 . anthers opening lengthwise. Capsule spiny, imper- fectly 4-celled, 4-valved, many-seeded* — Strong-scented poisonous herbs, with petioled oblong or ovate mostly toothed leaves, and large solitary flowers in the forks of the branches. 1 . D. Stramonium, L. Smooth ; stem stout, forking ; leaves ovate or oblong-ovate, acute, sinuate-toothed ; corolla sharply 5-toothed, white, twice as long as the 5-angled calyx; capsule erect. — Var. TATULA. Larger; leaves often cordate ; stem and corolla purplish. — Waste ground, very common. June - Oct. — Stem 1° - 3° high. Leaves 4' - 8' long. Corolla 3' - 4' long. 2. D. Metel, L. Pubescent ; stem stout, branching ; leaves ovate, entire or slightly toothed; corolla white, 10-toothed; calyx loose, terete; capsule nod- ding. — North and South Carolina, Curtis. Introduced. — Stems 3° - 4° high. Leaves 6' - 8' long, Corolla 6' long. The PETUNIA, NIGHT-BLOOMING JESSAMINE (CESTRUM), and TOBACCO (NICOTIANA), belong to this family. ORDER 101. GENTIANACE^. (GENTIAN FAMILY.) Chiefly smooth, and bitter herbs, with, colorless juice, opposite entire partly sheathing exstipulate leaves, and regular often showy flowers. — Calyx 4-1 2-parted, or 4 - 1 2-cleft. Corolla 4-1 2-lobed, convolute, rarely valvate or imbricated, in the bud, hypogynous. Stamens alternate with the lobes of the corolla, and inserted on its tube : anthers 2-celled. Ovary single, with numerous anatropous ovules. Stigmas 1-2. Capsule 1- celled, or imperfectly 2 -4-celled by the introversion of the margins of the valves, septicidally 2-valved. PlacentaB parietal. Seeds numerous. Em- bryo minute, in the axis of fleshy albumen. Synopsis. * Corolla convolute, or (in Obolaria) imbricated in the bud. Testa membranaceous. — Leaves sessile. 1. SABBATIA. Style conspicuous, deciduous. Stigmas linear, twisted. Corolla wheel- Bhaped, 5-12-parted. 2. EUSTOMA. Style conspicuous, persistent. Stigmas roundish, flat. Corolla tubular, 4- 5-parted. 3. GENTIANA. Stigmas sessile, flat, persistent. Corolla bell-shaped or funnel-form, 4-6- lobed, mostly with plaited appendages between the lobes. 4. BARTONIA. Calyx and corolla 4-lobed. Stigmas sessile. Leaves scale-like. 5. OBOLARIA. Calyx 2-leaved. Corolla 4-lobed, imbricated in the bud. 6. FRASERA. Corolla wheel-shaped, 4-parted, the lobes with a large depressed gknd in the middle. * * Corolla folded in the bud. Testa woody. Petioles elongated. 7. LIMNANTHEMUM. Leaves floating, cordate. Flowers clustered on the petiole. GENTIANACE^E. (GENTIAN FAMILY.) 353 1. S ABB ATI A, Adans. AMERICAN CENTAURT. Calyx 5 - 1 2-parted. Corolla wheel-shaped, 5-1 2-parted, withering-persistent. Stamens 5-12, inserted on the throat of the corolla: anthers sagittate, mostly recurved. Style conspicuous : stigmas linear or oblong, twisted. Capsule glo- bose, 1-celled, 2-valved, many-seeded. — Annual or biennial branching herbs, with cymose or panicled white or purple showy flowers. * Calyx and corolla mostly 5-parted. H- Flowers in corymbose cymes, white, turning yellowish : branches opposite. 1. S. lanceolata, Torr. & Gray. Stem tall, terete below, 4-angled and corymbosely branched above, the branches opposite ; leaves ovate or roundish, 3 - 5-nerved, acute or obtuse, clasping ; the upper ones distant, lanceolate, and very acute; cymes large, loosely many-flowered; lobes of the corolla (often 6) obovate-oblong, twice as long as the filiform calyx-lobes. (S. corymbosa, Baldw.) — Wet pine barrens, Florida to North Carolina. July. — Stem 2° - 3° high. Leaves l'~l^'long; the lowest minute. Corolla 10" wide, turning yellowish in drying. 2. S. paniculata, Pursh. Stem virgate, wing-angled throughout, com- monly much branched from the base ; leaves clasping, lanceolate, 3-nerved, mucronate, the upper and floral ones linear, the lowest tufted, oblong-obovate ; cymes very numerous, densely few-flowered, leafy ; lobes of the corolla obovate, one third longer than the linear calyx-lobes. — Low grassy meadows, Florida to North Carolina. August. — Stem 9' -18' high. Leaves J'-l' long. Corolla £' wide. 3. S. macrophylla, Hook. Glaucous ; stem terete, corymbosely branched above ; the branches opposite ; leaves thick, erect, ovate-lanceolate, acute, clasp- ing, 3 - 5-nerved ; cymes large, flat-topped ; corolla small, the lobes thrice as long as the very short bristle-like calyx-lobes. — Wet pine barrens, Florida, and westward. July and Aug. — Stem rigid, hollow, 2° - 2^° high. Leaves 1^' -3' long. Corolla 5" - 6" wide. H- 4- Flowers in panicled cymes, purple : branches opposite. 4. S. angularis, Pursh. Stem square, wing-angled, erect, paniculately much branched, often from near the base, the branches opposite ; leaves nu- merous, ovate, clasping, 3 - 5-nerved, often as long as the joints, the upper ones acute ; lobes of the corolla oblong, about twice as long*as the linear calyx-lobes. — Low rich grounds, Florida, and northward. Aug. — Stem 1°- 2° high. Leaves 1'- 1^' long. Corolla 1' wide. 5. S. brachiata, 'Ell. Stem erect, terete, paniculately branched near the summit ; the branches opposite, spreading ; leaves sessile, lanceolate, the upper ones linear, acute, the lowest clustered ; flowers in small loose peduncled cymes, terminating the branches, and forming an oblong or pyramidal panicle ; lobes of the corolla narrowly oblong, twice as long as the linear calyx-lobes. — Low grounds in the middle and upper districts, and northward. July and Aug. — Stem 2° high. Leaves 1' long. Corolla 1' wide. 30* 354 GENTIANACE^E. (GENTIAN FAMILY.) +-•»-•»- Flowers scattered, on long peduncles, white or purple : branches alternate. 6. S. Elliottii, Steud. Stem low, terete, paniculately much branched from near the base, the branches diffuse ; leaves small, sessile ; the lowest obovate, the upper linear ; lobes of the corolla 3-4 times as long as the short filiform calyx-lobes. (S. paniculata, Ell.) — Open pine barrens, Florida to South Carolina. Aug. and Sept. — Stems ^'-1^'high. Leaves 3" -6" long. Corolla 8" -10" wide. 7. S. gracilis, Pursh. Stem slightly 4-angled, erect or reclining, diffuse, the branches 1 -3-flowered ; leaves linear or oblong-linear, the uppermost almost filiform ; flowers terminating the short branchlets ; lobes of the corolla obovate- oblong, rather longer than the filiform calyx-lobes. — Low grassy pine barrens and meadows, Florida to Mississippi, and northward. July and Aug. — Stem slender, 1° - 1£° long. Leaves 1'- 1£' long. Corolla 12" - 15" wide. 8. S. Stellar is, Pursh. Stem obscurely 4-angled, slender, paniculately branched, the branches elongated ; leaves somewhat fleshy, the lowest lanceolate or oblong, obtuse, the upper linear, acute ; flowers on very long peduncles ; lobes of the corolla oblong, longer than the filiform calyx-lobes. — Salt marshes, Florida, and northward. Aug. and Sept. — Stem l°-3°high. Leaves l'-2' long. Peduncles 1'- 4' long. Corolla 1^' wide. 9. S. calycosa, Pursh. Stem low, terete ; leaves thin, lanceolate or ob- long, obtuse, narrowed at the base, the lowest petioled ; flowers few ; corolla white, 5 - 7-lobed, shorter than the lanceolate leafy calyx-lobes. — Kiver swamps, Florida to North Carolina, and westward. July and Aug. — Stem 6'- 12' high, rigid. Leaves !'-!£' long. Corolla 8" - 10" wide. * * Calyx and corolla 7 - \Z-parted: flowers purple. 10. S. chloroides, Pursh. Stem erect, terete, simple, or 1 - 2-forking, 1 - 5-flowered ; leaves lanceolate, sessile, uniform, or the lowest spatulate-oblong and the upper linear, acute; corolla large, 8-12- (mostly 10-) parted, com- monly more than twice as long as the linear or subulate calyx-lobes. — Margins of pine-barren ponds and swamps, Florida, and northward. July and Aug. — Stem 1° - 1£° high. Leaves 1' long. Corolla 1|'- 3' wide. 11. S. Boykinii, Gray. Stem mostly simple, somewhat angled ; leaves lanceolate-oblong, or the lowest elliptical ; flowers single or 3 - 7 in a terminal capitate cluster, sessile arfd 2-bracted; corolla 8-9-parted, much longer than the oblong-lanceolate calyx-lobes. — Middle Georgia, Dr. Boykin. — Stem 1° high. Leaves l'-2' long. Corolla l£' wide. 12. S. gentianoid.es, Ell. Stem erect, simple, slender; lowest leaves lanceolate or oblong, narrowed at the base; the others long, linear, sessile; flowers large, in axillary and terminal clusters, or terminal and solitary; corolla 8-10-parted, 2-3 times^as long as the subulate calyx-lobes; anthers straight. — Low pine barrens, Georgia, Florida, and westward. July and Aug. — Stem 1° - 2° high. Leaves 1^>- 3' long. Corolla 2' wide. GENTIANACE^E. (GENTIAN FAMILY.) 355 2. EUSTOMA, Don. Calyx bell-shaped, 4 - 5-parted, sharply 4 - 5-angled ; the lobes subulate, keeled. Corolla tubular, 4 - 5-lobed, membranaceous at the base, withering- persistent ; the lobes erect, lanceolate-oblong, acute. Stamens 4-5, partly cxserted, inserted on the middle of the tube of the corolla : anthers sagittate, introrse, opening lengthwise. Style conspicuous, erect, persistent : stigmas round-ovate, thick, at length spreading, with the margins revolute. Capsule oblong, obtuse, 1 -celled, the margins of the valves slightly inflexed. Placentae spongy, sutural. Seeds minute, globose, sessile. — Herbs, with oblong glaucous clasping leaves, and panicled showy purple or blue flowers. 1. E. exaltatum, Griseb. Stem (2° -3° high) terete, glaucous, panicu- lately forking above ; leaves mucronate, decurrent at the base, the upper ones lanceolate ; flowers long-peduncled, terminating the branches, blue ; calyx-lobes as long as the tube of the corolla, dilated and membranaceous at the base. — South Florida. © — Corolla 12" - 15" long. 3. GENTIANA, Tourn. GENTIAN. Calyx 4 - 5-parted. Corolla bell-shaped or funnel-shaped, 4 - 5-lobed, often with plaited toothed appendages between the lobes. Stamens 4-5. Stigmas 2, sessile, compressed, persistent. Capsule 1-celled, 2-valved, many-seeded; the seeds sutural, or covering the inner face of the valves. — Flowers showy, solitary or clustered, axillary and terminal. * Annual: corolla funnd-shaped, destitute of appendages : anthers versatile : capsule sessile: seeds wingless. 1. G. quinqueflora, Lam. Stem 4-angled, slender, branching; leaves ovate or ovate-lanceolate, acute, cordate and slightly clasping at the base, 3 - 5-nerved ; flowers 3-5, terminating the short branches ; corolla blue, rather slender, naked in the throat ; with ovate bristle-pointed entire lobes, much longer than the subulate calyx-lobes. — Dry soil along the mountains, Georgia, and northward. Aug. and Sept. — Stem l°-2° high. Leaves 1' long. Co- rolla 1' long. 2. G. crinita, Frcel. Stem terete below, the upper portion and branches 4-angled ; leaves lanceolate, acute, closely sessile, the lowest narrowed into a petiole ; flowers terminal, on long angular peduncles ; calyx-lobes 4, ovate- lanceolate, acute, strongly keeled, as long as the tube of the corolla ; lobes of the corolla 4, rounded, fimbriate, nearly as long as the tube ; seeds scaly. — Damp soil along the mountains, Georgia, and northward. Oct. and Nov. — Stem l°-2° high, often much branched. Leaves l'-2' long. Corolla blue, 1^'- 2' long. * * Perennial: corolla bell-shaped, with plaited toothed appendages between the lobes : anthers erect, mostly connivent: capsule pedicelled: seeds commonly winged. 3. G. OChroleuca, Frcel. Stem low, smoothish ; leaves oblong or obo- vate-oblong, narrowed at the base, the upper ones narrower and acute ; flowers in a dense mostly terminal cluster ; corolla open, yellowish-white, £ - £ longer 356 GENTIANACE^. (GENTIAN FAMILY.) than the erect linear-lanceolate calyx-lobes ; the ovate lobes twice as long as the nearly entire appendages; seeds wingless. — Dry sandy woods, Florida to North Carolina. Sept. and Oct. — Stem 6'- 12' high. Corolla l£' long, striped within with green and purple veins. Anthers separate. 4. G. Elliottii. Stem rough and slightly pubescent ; leaves lanceolate or linear-lanceolate, rough-margined; clusters axillary and terminal; calyx-lobes linear-lanceolate, twice as long as the tube ; corolla large, open, bright-blue, lined within with yellow and deeper blue, the erect or spreading ovate acute lobes twice as long as the 2-cleft fimbriate appendages ; seeds lanceolate, nar- rowly winged, covering the entire inner face of the valves. (G. Catesbsei, Ell.) — Banks of streams and ditches, in the lower and middle districts. Oct. — Stem 1° - l£° high. Corolla l£' long. Flowers rarely solitary. Var. parvifolia. Stem tall (2° high), slender; leaves short (^'-1' long), sessile, ovate or oblong-ovate, rounded or cordate at the base, rigid ; calyx-lobes erect, lanceolate, twice as long as the tube ; appendages of the corolla broad, unequally 2-cleft, fimbriate. — Pine-barren swamps near the coast, Georgia and Florida. — Corolla 2' long. Var. ? latifolia. Stem low (6' - 12' high), rigid ; leaves (2' - 3' long) mem- branaceous, oblong or ovate-oblong, acute at each end ; calyx-lobes linear, shorter than the tube, spreading ; appendages of the corolla equally divided into two slender bristle-pointed nearly entire lobes. — River-banks, Middle Florida. — Corolla I'-ltf long. 5. G. Saponaria, L. Stem smooth ; leaves ovate-lanceolate or oblong, narrowed at the base, rough-margined ; calyx-lobes linear or spatulate, acute, half as long as the corolla ; corolla light blue ; the lobes short and broad, obtuse, erect, or converging, longer than the 2-cleft minutely-toothed appendages ; seeds acute, narrowly winged, covering the valves. (G. Catesbsei, Walt.) — Moist woods on the mountains of North Carolina, and northward. Sept. and Oct. — Flowers clustered. 6. G. Andrews!!, Griseb. Stem smooth (l°-2° high); leaves ovate- lanceolate, acute, narrowed at the base ; flowers clustered, axillary and terminal ; calyx-lobes ovate, spreading, shorter than the tube; corolla (1'long) club-shaped, inflated, closed ; the broad and rounded lobes shorter than the slightly toothed appendages ; capsule at length partly exserted; seeds broadly winged. (G. Sa- ponaria, Fred.} — Mountains of North Carolina, and northward. Sept. and Oct. 7. G. angUStifolia, Michx. Stem low, smooth, 1 -flowered; leaves linear, fleshy ; calyx-lobes linear, erect, half as long as the corolla ; corolla large, bright blue, the lobes ovate, twice as long as the broad toothed appendages. — Varies with the corolla, green without and white within. — Low pine barrens, Florida to North Carolina. Nov. and Dec. — Stem 4' - 10' high. Corolla 2' long. 4. BABTONIA, Muhl. Calyx 4-parted. Corolla 4-parted. Stamens 4 : anthers small. Stigmas sessile. Capsule 1-celled, 2-valved, septicidal. Seeds covering the inner surface GENTIANACE^E. (GENTIAN FAMILY.) 357 of the valves. — Small annual herbs, with erect filiform stems, scale-like subulate leaves, and white flowers. 1. B. verna, Muhl. Stem (2' -6' high) simple or sparingly branched, suc- culent* few-flowered ; calyx-lobes lanceolate-subulate, one third as long as the oblong or obovate obtuse spreading white lobes of the corolla ; anthers oblong ; capsule roundish. (Centaurella verna, Michx.) — Damp pine barrens near the coast, Florida to North Carolina. Feb. - April. 2. B. tenella, Muhl. Stem (6' -12' high) branched; the branches, like the leaves, opposite or alternate, many-flowered ; calyx-lobes subulate, as long as the tube of the greenish-white corolla ; lobes of the corolla erect, acute ; anthers globose ; capsule oblong-lanceolate. (Centaurella paniculata, Michx.) — Swamps, Florida to Mississippi, and northward. Sept. and Oct. — Flowers much smaller than in No. I. 5. OBOLARIA, L. Calyx of 2 spatulate bract-like sepals. Corolla bell-shaped, 4-cleft, imbricated in the bud. Stamens 4 : anthers round-cordate. Style short : stigma 2-lipped. Capsule ovoid, 1-celled. Seeds numerous, covering the valves. — A low spar- ingly branched perennial herb, with opposite wedge-obovate leaves, and single or clustered axillary and terminal purplish flowers. 1. O. Virginica, L. — - Rich shady woods, South Carolina, and northward. March and April. — Plant smooth, purplish, 3' -8' high. Branches generally 3-flowered. * 6. FRASEBA, Walt. AMERICAN COLTTMBO. Calyx 4-parted. Corolla wheel-shaped, 4-parted, the lobes each with a de- pressed fringed gland on the upper face. Stamens 4 : anthers nodding. Style persistent : stigmas spreading. Capsule compressed. Seeds few, large, winged, borne on the margins of the valves. — Tall and smooth perennial herbs, with whorled or opposite sessile leaves and branches, and cymes of greenish-yellow flowers, disposed in a large terminal panicle. 1. P. Carolinensis, Walt. Stem (3° - 8° high) erect ; leaves and branches mostly four in a whorl, lance-oblong, the lowest spptulate ; panicle pyramidal ; corolla-lobes oblong, mucronate, dotted with purple. — Rich soil in the upper districts of Georgia, and northward. July. — Lowest leaves 1° long. Corolla 1' wide. Root large and bitter to the taste. 7. LIMNANTHEMTJM, Gmel. Calyx 5-parted. Corolla wheel-shaped, 5-parted, the lobes infolded in the bud, ciliate, and glandular-crested at the base. Stamens 5. Style short or none : stigma 2-lobed, persistent. Capsule 1 -celled, opening irregularly. • Seeds few or many. Testa woody. — Perennial aquatic herbs, with floating circular or cor- date spongy leave«. and white peduncled flowers clustered near the summit of the long petiole. 358 APOCYNACE^E. (DOGBANE FAMILY.) 1. L. lacunosum, Griseb. Leaves (l'-2'wide) cordate, entire, smooth; petioles (6' -12' long) filiform ; seeds smooth. (Villarsia cordata, Ell.) — Shal- low pondsy Florida, and northward. June and July. 2. L. trachyspermum, Gray. Leaves (3' -5' wide) circular, crenate, rough and pitted beneath 5 petioles stout, dotted, elongated ; seeds glandular- roughened. (Villarsia trachysperma, Ell.) — Ponds in deep water, Florida to North Carolina, and westward. April- June. ORDER 102. APOCYNACE-3E. (DOGBANE FAMILY.) Herbs or shrubs, with acrid milky juice, mostly opposite entire exstipu- late leaves, and regular cymose or panicled flowers. — Calyx free, 5-parted, imbricated in the bud, persistent. Corolla bell-shaped, funnel-shaped, or salver-form, 5-lobed, convolute in the bud. Stamens 5, distinct, inserted on the tube of the corolla : anthers mostly sagittate, erect, introrse. Pol- len granular. Ovaries 2, distinct, their styles united. Fruit few - many- seeded. Seeds anatropous or amphitropous, naked, or bearing a tuft of down at the apex (comose). Embryo straight in scarce albumen.- Synopsis. * Fruit a many -seeded follicle. 4- Seeds comose. Leaves opposite. 1. APOCYNUM. Corolla bell-shaped, with scale-like appendages at the base of the lobes. Herbs. 2. FORSTERONIA. Corolla funnel-shaped. Stamens inserted at the base of* the corolla. Twining shrubs. 3. ECHITES. Corolla funnel- or salver-shaped. Stamens inserted above the base of the corolla. H- t- Seeds naked. Leaves opposite or alternate. 4. AMSONIA. Corolla funnel-shaped. Flowers panicled. Leaves alternate. 5. VINCA. Corolla salver-shaped. Flowers axillary. Leaves opposite. * # Fruit a few-seeded drupe. 6. VALLESIA. Corolla salver-shaped. Leaves alternate. Flowers in cymes. f 1. APOCYNUM, Tourn. INDIAN HEMP. Calyx 5-parted. Corolla bell-shaped, 5-lobed, with scale-like appendages at the base of the lobes. Stamens inserted on the base of the corolla : anthers sagittate. Stigma sessile, 2-lobed. Follicles long and slender. Seeds numer- ous, obovoid, comose. — Perennial erect branching herbs, with opposite oval or oblong mucronate petioled leaves, and small white flowers in lateral and termi- nal cymes. 1. A. cannabinum, L. Stem smooth, with erect branches ; leaves oval or oblong, mucronate, pubescent beneath ; cymes terminal, close-flowered, shorter than the leaves ; calyx-lobes lanceolate, as long as the tube of the greenish-white corolla; lobes of the corolla erect. (A. pubescens, R. Br.) — Var. GLABEKRI- \ APOCYNACE^E. (DOGBANE FAMILY.) 359 MUM. Smooth throughout; leaves narrower, often acute at each end. — Dry or damp soil, Florida, and northward. July and Aug. — Stem 2° - 3° high. Leaves 2' - 3' long. Corolla 2" long. 2. A. androssemifolium, L. Stem smooth, with spreading branches ; leaves oval or ovate, smooth, or pubescent beneath ; cymes axillary and termi- nal, long-peduncled, commonly exceeding the leaves, loose-flowered ; calyx-lobes ovate, shorter than the tube of the white or pale rose-colored corolla ; lobes of the corolla spreading or revolute. — Rich soil, North Carolina, and northward. June and July. — Stem 2'-3f high. Corolla twice as large as in No. 1. 2. FORSTERONIA, Meyer. Calyx 5-parted, mostly glandular at the base within. Corolla funnel-shaped, 5-cleft, without appendages. Filaments slender, inserted on the base of the corolla : anthers linear-sagittate. Nectary of 5 distinct or partly united thickish glands. Stigma simple or 2-lobed, 5-angled. Follicle slender. Seeds linear- oblong, comose. — Twining shrubs, with opposite petioled leaves, and small flowers in lateral and terminal cymes. 1. IP. diffbrmis, A. DC. Leaves ovate-lanceolate, lanceolate or linear, acuminate, narrowed into a petiole, smooth, or, like the branchlets, pubescent when young ; cymes spreading, as long as the leaves ; flowers greenish. (Echi- tes difformis, Walt.) — River-banks, Florida to North Carolina. May -Aug. — Stem twining, 10°- 15° high. Leaves 2' -3' long. Corolla 4" long. Follicles 6' -9' long. 3. ECHITES, P. BROWNE. Calyx 5-parted, with 3-5 glands at the base within. Corolla salver- or funnel-shaped, 5-lobed ; the tube mostly elongated, and dilated above the in- sertion of the stamens. Filaments very short : anthers sagittate, bearing the pollen, and adhering to the stigma in the middle. Nectary of 5 distinct or partly united glands. Style simple : stigma thick, with a spreading membra- nous appendage at the base. Follicles long and slender. Seeds linear-oblong, comose or plumose. — Erect or twining shrubs, with opposite leaves, and cy- mose axillary and terminal mostly fragrant flowers. 1. E. umbellata, Jacq. Smooth; stem twining; leaves distant, oval, mucronate, slightly cordate, short-petioled, parellel-veined ; peduncles shorter than the leaves, 3 - 7-flowered ; calyx-lobes ovate, acuminate ; corolla salver- form, the cylindrical tube (2' long) slightly dilated above the insertion of the stamens, four times as long as the rounded spreading lobes, pubescent within ; anthers awnless ; stamens inserted near the middle of the tube. — South Florida. — Leaves 1^'- 2' long, recurved and folded. Flowers white ? 2. E. Andrews!!. Smooth ; stem low, erect or twining ; leaves approx- imate, oval or oblong, mucronate, acute or rounded at the base, the margins revolute ; peduncles axillary, 3 - 5-flowered, shorter than the leaves ; calyx- lobes lanceolate-subulate ; tube of the corolla much,. dilated above the insertion 360 APOCYNACEJE. (DOGBANE FAMILY.) of the stamens, bell-shaped, scarcely longer than the ovate spreading lobes ; anthers tapering into a long bristle-like awn ; glands of the nectary 5, rounded, as long as the ovaries. (E. suberecta, Andr. Neriandra suberecta, A. DC.) — Sandy shores, South Florida. — Stem 1° - 2° high. Leaves l£'- 2' long. Tube of the corolla 1' long, £' wide. 4. AMSONIA, Walt. Calyx small, 5-parted. Corolla funnel-form, 5-lobed, bearded within. Sta- mens inserted above the middle of the tube : anthers oblong, obtuse. Stigma globose, surrounded by a cup-shaped membrane. Follicles slender. Seeds in a single row, terete, truncated at each end, naked. — Erect branching perennial herbs, with alternate leaves, and small pale blue flowers in a terminal panicle. 1. A. Tabernsemontana, Walt. Stem smooth, branching above ; leaves ovate, ovate-lanceolate, or lanceolate, acute or acuminate at each end, glaucous beneath, short-petioled ; tube of the corolla slender, smooth, or woolly above, many times longer than th« minute calyx ; follicles spreading. (A. latifolia, Michx. A. salicifolia, Pursh.) — Swamps and wet banks, Florida to Mississippi, and northward. May and June. — Stem 2° high. Leaves l'-4; long, often slightly pubescent beneath. Panicle open or contracted. Follicles 4' - 6' long. 2. A. ciliata, Walt. Stem hairy, at length much branched above ; leaves very numerous, linear or linear-lanceolate, acute at each end, fringed on the margins ; corolla smooth. — Dry sandy soil, Florida to North Carolina. April and May. — Stem at length 2° -3° high. Leaves l'-2' long. Corolla pale blue or white. Follicles more slender than those of the preceding. 5. VINCA, L. PERIWINKLE. Calyx 5-parted. Corolla salver-form, 5-lobed, thickened or angular at the throat, the narrow tube hairy within. Anthers oblong, longer than the filaments. Glands 2, alternating with the ovaries. Style slender : stigma thick, with an inverted cup-shaped membrane at the base. Follicles 2, linear, erect. Seeds oblong, rough, naked. — Herbs or shrubby plants, with opposite short-petioled leaves, and axillary mostly solitary showy flowers. 1. V. rosea, L. Shrubby, pubescent; stem erect, branching; leaves ob- long, rounded at the apex, mucronate ; flowers solitary or by pairs, nearly sessile ; lobes of the corolla white or pale rose-color, obliquely obovate, mucro- nate, shorter than the downy tube ; a row of hairs at the throat and another on the tube below. — South Florida, and in the streets of Apalachicola, probably introduced. Flowering through the summer. 6. VALLESIA, Euiz and Pavon. Calyx 5-parted. Corolla salver-shaped, 5-lobed. Stamens inserted on the throat of the corolla : anthers cordate-ovate, longer than the slender filaments. Nectary none. Ovaries 4-evuled. Stigma club-shaped. Drupe mostly solitary, ASCLEPIADACE^E. (MILKWEED FAMILY.) 361 obovoid, 1 - 2-seeded. Seeds naked, club-shaped, furrowed. Radicle thick, inferior. — Shrubs. Leaves alternate. Cymes long-peduncled, opposite the leaves. 1 • V. chiOGOCCOides, Kunth. Smooth ; leaves lanceolate-oblong, acute at each end, short-petioled ; cymes forking, spreading, as long as the leaves, many -flowered ; lobes of the corolla linear, shorter than the tube, hairy within ; style slender ; stigma 2-lobed, globose below the apex. — South Florida. — Leaves l£'- 2' long. Corolla 3" long. Drupe 4" long, 1 -seeded. ORDER 103. ASCJLEPIADACEJE. (MILKWEED FAMILY.) Erect or twining herbs or shrubs, with milky juice, entire commonly opposite leaves without stipules, and umbellate or cymose flowers. — Ca- lyx 5-parted, persistent. Corolla 5-parted, mostly valvate in the bud, hypogynous, deciduous. Stamens 5, inserted on the base of the corolla, the filaments united in a tube (gynostegium) which encloses the ovaries, and bears appendages of various forms, which are collectively termed the stamineal crown. Anthers erect, 2 - 4-celled, expanding above into a thin membrane. Pollen united in flattened waxy pear-shaped masses, which are equal in number to the cells of the anthers, and fixed to the five an- gular processes of the stigma by a slender stalk, pendulous or horizontal. Styles 2, the thick and fleshy stigma common to both. Fruit a follicle. Seeds anatropous, imbricated on the thick and at length free placenta, and commonly bearing at the hilum a tuft of hairs (coma). Embryo straight in thin albumen. Cotyledons leafy. Synopsis. TRIBE I. ASCLEPI ADEJE. — Pollen-masses 10, fixed by pairs to the cleft processes of the flat or conical stigma, pendulous. # Stamineal crown single, 5-leaved. •«- Lobea of the corolla reflexed or spreading. 1. ASCLEPIAS. Leaves of the crown enclosing a horn-like appendage. 2. ACERATES. Leaves of the crown without appendages. 4- t- Lobes of the corolla erect. 3. PODOSTIGMA. Stigma long-pedicel led. Corolla smooth, wavy. Stem erect. 4- METASTELMA. Stigma sessile or pedicelled. Corolla downy within. Stems twining. * * Stamineal crown single, 5-lobed. 5 SEUTERA. Stigma conical. Crown deeply 6-parted. 6. CYNOCTONUM. Stigma flat. Crown crenately 5 lobed. * * * Stamineal crown double. 7- SARCOSTEMMA. Outer crown annular ; the inner one 6-leaved. TEIBE n. GONOLOBE-flE. — Pollen-masses 10, fixed by pairs at the angles of the depressed stigma, horizontal. 8. GONOLOBUS. Crown simple, annular. Stems twining. Leaves cordate. 31 362 ASCLEPIADACEJE. (MILKWEED FAMILY.) 1. ASCLEPIAS, L. MILKWEED. SILKWEED. Calyx 5-parted. Corolla wheel-shaped, deeply 5-parted, reflexed. Crown composed of 5 hooded leaves, each containing an incurved horn-like appendage. Pollen-masses 10, by pairs, each pair occupying the contiguous cells of adjacent anthers, and suspended by a slender stalk from the projecting angles of the stigma. Follicle many-seeded. Seeds obovate, flat, usually comose. — Perennial herbs, with mostly simple (not twining) stems, and opposite alternate or whorled leaves. Flowers in lateral (between the leaves) and terminal umbels. § 1. Stems herbaceous : seeds comose. * Follicles spiny : leaves opposite. 1. A. Cornuti, Decaisne. Softly pubescent ; stem stout, erect, obscurely 4-angled ; leaves oval-oblong, short-petioled, mucronate, soon smooth above, the lowest somewhat cordate ; umbels numerous, many-flowered, long-peduncled ; corolla greenish-purple, one fourth as long as the pedicels ; leaves of the crown pale purple, ovate, obtuse, longer than the incurved horn ; follicle ovate-oblong, woolly, armed with soft spines. (A. Syriaca, L.) — Fields and road-sides, New Berne, North Carolina, Groom, and northward. June and July. — Stem 3° - 4° high, sometimes branched. Leaves 4' - 8' long. Pedicels 1' - \^( long, purplish. Corolla £' wide. =fc * Follicles spineless. •*- Leaves opposite, oval or oblong, narrowed into a petiole. 2. A. phytolaccoides, Pursh. Stem tall, smooth; leaves ovate or ovate-lanceolate, tapering at each end, paler and minutely pubescent beneath, membranaceous ; umbels long-peduncled, many-flowered; pedicels filiform, drooping, nearly as long as the peduncle ; corolla pale greenish ; leaves of the crown white, truncated, 2-toothed, shorter than the subulate incurved horn. — Low grounds along the mountains, and northward. June and July. — Stem 3° - 5° high. Leaves 6' - 9' long. Pedicels 2' - 3' long. 3. A. purpurascens, L. Stem smooth ; leaves ovate-oblong, acute, short-petioled, paler and pubescent beneath ; umbels 1-2, terminal, peduncled, many-flowered ; pedicels half as long as the peduncle, and twice as long as the dark purple corolla ; leaves of the crown oblong, abruptly contracted above, twice as long as the incurved horn and nearly sessile gynostegium. — Thickets and borders of woods, Tennessee, North Carolina, and northward. June and July. — Stem 2° -3° high. Leaves 4' -7' long. Pedicels 9" -15" long, pu- bescent. 4. A. variegata, L. Stem stout, leafless below, pubescent in lines ; leaves oval, oblong, or obovate, cuspidate, smooth on both sides ; umbels 3-5, pubes- cent, closely flowered, the upper ones corymbose ; pedicels erect, as long as the peduncle ; corolla white ; leaves of the crown roundish, longer than the purplish gynostegium, equalling the thick awl-pointed incurved horn. (A. nivea, Pursh.) — Dry open woods and borders of fields, Florida1 to Mississippi, and northward. May and June. — Stem 2° - 3° high, purplish. Leaves rather thick, 2' - 3' long. Peduncles 9" - 12" long. ASCLEPIADACE^E. (MILKWEED FAMILY.) 363 5. A. incarnata, L., var. pulchra. Hairy; stem erect, branching; leaves oblong or oblong-lanceolate, acute, nearly sessile; umbels numerous, somewhat corymbose, long-peduncled, often compound; pedicels erect, much shorter than the peduncle ; corolla small, reddish-purple ; leaves of the cro\vn flesh-color, ovate, as long as the slender incurved horns, and twice as long as the short-stalked gynostegium. (A. pulchra, Willd,} — Swamps in the upper dis- tricts, Georgia, and northward. June and July. — Stem 3° - 4° high. Leaves 4' - 6' long. 6. A. tomentosa, Ell. . Pubescent or villous ; stem stout, very leafy ; leaves oblong or oblong-lanceolate, cuspidate, undulate, somewhat hoary beneath, abruptly short-petioled ; umbels 4-10, alternate, nearly sessile, many-flowered ; pedicels three times as long as the large greenish corolla ; leaves of the crown obovate, truncated, shorter than the gynostegium and the broad abruptly pointed erect horn. (A. aceratoides, M. A. Curtis.} — Dry sandy pine barrens, Florida to North Carolina. June and July. — Stem l°-4° high. Leaves 2' -3' long, thick, on rather slender petioles. Pedicels 1' long. Corolla £' wide. Follicles lanceolate, tomentose, 4' - 6' long. 7. A. obovata, Ell. Tomentose ;~ stem stout, very leafy; leaves thick, oblong-oval or obovate, cuspidate, undulate ; the midrib, like the short (2" long) petiole, very thick and prominent ; umbels nearly sessile, closely 10 - 14-flowered ; the stout pedicels barely twice as long as the large yellowish-green corolla ; leaves of the crown purplish, twice as long as the gynostegium, and equalling the incurved horn ; follicle tomentose. — Dry gravelly or sandy soil, Georgia, Florida, and westward. June and July. — Stem l°-2° high. Leaves and flowers as large as those of the preceding. -t- •(- Leaves opposite, lanceolate or linear, narrowed into a petiole. 8. A. cinerea, Walt. Stems erect, slender, pubescent in lines ; leaves long, narrowly linear, distant, spreading; umbels 3-6, commonly longer than the leaves, 5 - 7-flowered, the slender drooping pedicels longer than the peduncle ; flowers small, purple without, ash-color within ; leaves of the crown obliquely truncated, 2-toothed at the inner angle, shorter than the gynostegium, longer than the thick horn ; follicle smooth, linear. — Flat sandy pine barrens, Florida to South Carolina. June -Aug. — Stem l°-2° high. Leaves 2' -3' long, I" wide, somewhat glaucous; the uppermost often minute. Corolla 3" -4" wide. Follicle 3' -4' long. ^ 9. A. viridula, n. sp. Stem slender, pubescent in lines ; leaves linear, erect; umbels shorter than the leaves, 6-12-flowered, the erect or spreading pedicels as long as the peduncle ; corolla small, yellowish-green ; leaves of the crown oblong, spreading at the apex, rather longer than the erect subulate horn, and twice as long as the gynostegium ; follicle smooth, linear. — Pine-barren swamps, West Florida. June and July. — Stem 10' - 15' high. Leaves 2' long. Corolla 3" wide. Follicle 3' long. 10. A. paupercula, Michx. Stem smooth, tall; leaves elongated, linear or linear-lanceolate, acuminate, rough-margined, the upper ones small and re- mote; umbels 2-5, corymbose, 6 - 10-flowered ; pedicels pubescent, about as 364 ASCLEPIADACE^E. (MILKWEED FAMILY.) long as the peduncle ; corolla deep red ; leaves of the crown oblong, erect, bright orange, more than twice as long as the subulate incurved horn and the short-stalked gynostegium ; follicle lanceolate, minutely pubescent. — Marshes, Florida, and northward. June and July. — Stem 2°- 4° high. Leaves 6' - 12' long. Corolla 3" - 4" long. 11. A. Curassavica, L. Stem somewhat shrubby, branching, slightly pubescent, leafy to the summit ; leaves thin, lanceolate, acuminate, smooth ; umbels corymbose, long-peduncled, 8-10-flowered, pubescent; pedicels much shorter than the peduncle ; corolla scarlet ; leaves of the crown bright orange, oblong, erect, longer than the stalked gynostegium, shorter than the thick in- curved horn ; follicle ovate-lanceolate, velvety. — South Florida. April - Nov. — Stem 1° - 2° high. Leaves 3' -4' long. Corolla 3" long. -«-•»- H- Leaves opposite, ovate or oblong, more or less cordate, nearly sessile. 12. A. rubra, L. Smooth; stem simple, naked at the summit; leaves ovate or ovate-lanceolate, acuminate, rounded or slightly cordate at the base,- very short-petioled ; umbels 1-3, terminal, sessile, few-flowered ; lobes of the corolla lanceolate, acute, reddish-purple ; leaves of the crown oblong, acute, purplish, barely longer than the subulate incurved, horn, and twice as long as the- short-stalked gynostegium; follicle smooth. (A. laurifolia, Michx.) — Wet pine barrens, Georgia, and northward. June- July. — Stem 2° -4° high. Leaves 2' - 4' long. 13. A. obtusifolia, Michx. Smooth and somewhat glaucous ; stem erect; leaves oblong, undulate, mucronate, cordate and partly clasping at the base ; umbels 1-3, lateral and terminal, long-peduncled, many-flowered ; corolla greenish-purple ; leaves of the crown truncated and somewhat toothed at the apex, rather longer than the gynostegium, much shorter than the subulate incurved horn; follicle smooth. — Sandy soil, Florida, and northward. June- July. — Stem 2° - 3° high. Leaves 2' - 3' long, the midrib very broad. Corolla- lobes 3" long. Pedicels pubescent 14. A. amplexicaulis, Michx. Smooth and glaucous ; stem declining, very leafy ; leaves large, fleshy, ovate, obtuse, cordate and clasping at the base, veined with white ; umbels 3-6, lateral and terminal, many-flowered, the smooth and slender pedicels shorter than the peduncle ; corolla ash-color ; leaves of the crown oval, obtuse, white, longer than the gynostegium, and the nearly straight horn. — Dry sandy pine barrens, Florida to North Carolina. April and May, — Stems several, l°-2° long. Leaves 4' -5' long, the midrib broad and prominent. -v- H- -i- -t- Upper and lower leaves mostly opposite, the middle ones whorled. 15. A. quadrifolia, Jacq. Somewhat pubescent; stem slender, simple ; leaves thin, ovate or ovate-lanceolate, acuminate, contracted into a petiole, pale beneath; umbels 2-5, many-flowered, the slender peduncle longer than the pedicels ; corolla pale-pink ; leaves of the crown white, oblong, obtuse, twice as long as the gynostegium and stout horn. — Mountains of Carolina, and north- ward. June - Aug. — Stem 1 ° - 1 £° high. Leaves 2' - 3' long. ASCLEPIADACE^l. (MILKWEED FAMILY.) 365 16. A. verticillata, L. Stem slender, branching, pubescent ; leaves narrowly linear, with the margins revolute, 4-5 in a whorl ; umbels several, small, the peduncle and pedicels nearly equal ; corolla greenish ; leaves of the crown white, roundish, half as long as the slender incurved horn. — Open woods and fence-rows, Florida, and northward. July - Sept. — Stem 2° - 3° high. Leaves 1 ' - 2' long. Follicle smooth. •t- •(- •(--<-•»- Leaves alternate, or the lowest opposite. 17. A. tuber osa, L. Hirsute; stem erect or declining, widely branched above, very leafy ; leaves varying from linear to oblong, acute, short-petioled ; umbels numerous, corymbose ; corolla yellowish-orange ; leaves of the crown bright orange, erect, oblong-lanceolate, twice as long as the gynostegium, and rather longer than the slender incurved horn. — Light dry soil, common. June and July. — Stem 1° -2° long. 18. A. Michauxii, Decaisne. Pubescent ; stems several, short, prostrate ; leaves linear, erect, the lower ones mostly opposite ; umbels 1-3, terminal, sessile or peduncled ; flowers gray and purple ; leaves of the crown ovate, spreading, as long as the subulate horns, and longer than the gynostegium; follicle long, linear-lanceolate, tomentose. (A. angustifolia, Ell., Michx. in part.) — Low sandy pine barrens, Florida to South Carolina. April - May. — Stems 6'- 12' long. Leaves 3'- 4' long. Follicle 4' -5' long. Flowers fragrant. § 2. Stem shrubby : seeds mostly naked. 19. A. perennis, Walt. Stem branched, pubescent in lines, shrubby at the base ; leaves thin, lanceolate or oblong-lanceolate, tapering at each end, paler beneath; umbels 5-7, long-peduncled, pubescent, the upper ones corym- bose ; corolla small, white ; leaves of the crown spreading, half as long as the needle-shaped, erect horn ; follicle ovate-lanceolate, smooth. (A. parviflora, Pursh. A. debilis, Michx.) — Muddy banks of rivers, Florida to South Caro- lina. June -Aug. — Stem 1° - 2° high. Leaves 2' - 4' long. 2. ACERATES, Ell. Leaves of the crown destitute of a horn-like appendage. Otherwise like Asclepias. * Leaves opposite. 1. A. viridiflora, Ell. Pubescent; stem stout, simple; leaves varying from oval or obovate to lanceolate, acute, obtuse, or emarginate, undulate, short- petioled; umbels lateral and terminal, nearly sessile, densely many-flowered; flowers small, greenish ; leaves of the crown oblong, erect, as long as the sessile gynostegium. — Dry sterile soil, Florida, and northward. June and July. — Stem 1°- 1|° high. Leaves l£'- 2$' long. 2. A. connivens, Decaisne. Stem stout, simple, pubescent above ; .eaves nearly sessile, erect, mucronate, the lower ones approximate, oblong or oblong- obovate, the upper more distant, smaller and lanceolate ; umbels 3-6, 6-9- flowered, the stout peduncle and pedicels nearly equal, pubescent ; flowers large, greenish ; leaves of the crown oblong, incurved, twice as long as the gynoste- 31* t 366 ASCLEPIADAC'E^E. (MILKWEED FAMILY.) gium, with their rounded summits connivent over it. — "Wet pine barrens, Florida and Georgia. June and July. — Stem 1° - 2° high. Leaves 1' - 2' long, some- what fleshy. Corolla 8" - 1 0" wide. * * Leaves alternate. 3. A. paniculata, Decaisne. Closely pubescent ; stem angular, often branching ; leaves oblong or lance-oblong, acute or obtuse at each end, short- petioled ; umbels corymbose, often compound ; corolla large, greenish, spread- ing or nearly erect ; leaves of the crown oblong, obtuse, ascending, shorter than the nearly sessile gynostegium. (Podostigma viridis, Ell.) — Dry pine barrens, Florida to South Carolina. July. — Stem 1° - l£° high, leafy to the summit. Leaves 3'- 4' long. Corolla 1' wide. 4. A. longifolia, Ell. Pubescent ; stem terete ; leaves linear and linear- lanceolate, acute at each end, slightly petioled, rough-margined, the lowest com- monly opposite, sometimes whorled ; umbels pubescent, slender-peduncled, many-flowered, alternate, opposite or whorled ; flowers small, pale purple ; corolla reflexed ; leaves of the crown deep purple, oval, shorter than the gy- nostegium, and adnate to its stalk ; follicle lanceolate, tomentose. (Asclepias angustifolia, Michx. in part.) — Low pine barrens, Florida, and northward. July. — Stem 1° - 1|° high. Leaves 3' - 6' long. Corolla 4" wide. 3. PODOSTIGMA, Ell. Calyx 5-parted. Corolla 5-parted, with the lobes erect. Leaves of the crown destitute of a horn, ascending, incurved-beaked at the apex, united with the base of the long and slender gynostegium. Stigma small, depressed. Seeds comose. — A low pubescent simple-stemmed perennial herb, with opposite lanceolate sessile leaves, and few-flowered umbels on lateral peduncles. 1. P. pubescens, Ell. — Low pine barrens, Florida to North Carolina. June -Oct. — Root tuberous. Stem 6' -12' high. Leaves erect, l'-2' long. Umbels of 4 - 6 orange-colored flowers. Corolla 4" - 5" long, as long as the pedicel, longer than the short peduncle, the oblong lobes wavy on the margins. Follicles linear-lanceolate, tomentose, 4' - 6' long, many-seeded. Seeds oval, winged. 4. METASTELMA, K. Brown. Calyx 5-parted. Corolla bell-shaped, the lobes mostly hoary-pubescent within Crown 5-leaved, inserted on the base or on the summit of the gynostegium. Stigma flat. Follicles slender, smooth. Seeds comose. — Twining shrubs, with smooth leaves. Umbels few-flowered. Flowers small, white. 1. M. Schlectendalii, Decaisne. Branches pubescent ; leaves oblong or obovate, cuspidate, rather acute at the base, on slender petioles ; peduncles 3 - 6-flowered, as long as the petiole, shorter than the pedicels ; sepals obtuse, ciliate ; Iobes«bf the corolla ovate-lanceolate, incurved, densely pubescent within ; leaves of the crown oblong, inserted on the summit of the slender gynostegium, as long as the stigma. — South Florida. — Leaves £'- 1|' long, the margins rev- olute. Corolla 2" long. Gynostegium 5-winged at the base. ASCLEPIADACE^E. (MILKWEED FAMILY.) 367 2. M. parviflorum, B. Brown. Herbaceous ? stem very slender, pubes- cent in lines ; leaves smooth, linear-lanceolate, falcate, acuminate, rounded at the base, short-petioled, drooping ; umbels sessile or short-peduncled, 4 - 6-flowered ; sepals smooth, acute ; lobes of the corolla linear, incurved at the apex, very pubescent within ; leaves of the crown inserted on the base of the sessile gynos- tcgium, linear, erect, exceeding the stigma. — South Florida. — Leaves 6'' -8" long. Corolla 1" long. 3. M. Fraseri, Decaisne. Branches slender, pubescent in lines ; leaves oval or round-ovate, mucronate ; umbels sessile ; pedicels short, smooth ; lobes of the corolla ovate, acute, thickiih, pubescent on the margins ; leaves of the crown linear, as long as the corolla, longer than the gynostegium. — In Caro- lina, Fraser. ( * ) 5. SEUTEEA, Beich. Calyx 5-parted. Corolla somewhat wheel-shaped, 5-parted, with narrow acute smooth lobes. Crown simple, deeply 5-parted, inserted on the base of the sessile gynostegium ; the lobes ovate, flattened. Stigma conical, longer than the anthers. Follicles smooth. Seeds comose. — A slender partly shrubby twining vine, with fleshy linear drooping leaves, and long-peduncled umbels of greenish flowers. 1. S. maritima, Decaisne. (Lyonia, Ell.) — Salt marshes, Florida to North Carolina. July and Aug. — Stem shrubby at the base ; the branches twining around rushes and saline grasses. Leaves 2' long. Peduncles com- monly longer than the leaves, many-flowered. Lobes of the corolla lanceolate, imbricated in the bud. Lobes of the crown obtuse, as long as the stigma. 6. CYNOCTONUM, Meyer. Calyx 5-parted. Corolla wheel-shaped, 5-parted. Stamineal crown simple, enclosing the base of the sessile gynostegium, 5-lobed or 5-crenate. Anthers membranaceous at the apex. Stigma flattish. Follicles linear, spreading or reflexed. Seeds comose. — Perennial or shrubby twining plants. Leaves mostly cordate. Umbels lateral. 1. C. ? SCOparium. Stems much branched, pubescent in lines, shrubby at the base ; leaves thin, linear, cuspidate, tapering into a petiole, smoothish ; um- bels nearly sessile, few-flowered, shorter than the leaves ; calyx-lobes ovate, obtuse, pubescent like the pedicels ; corolla smooth, the spreading lobes lanceo- late, obtuse ; crown crenately 5-lobed, shorter than the gynostegium ; follicles very slender, widely spreading ; seeds linear, wingless. (Cynanchum scoparium, Nutt.) — Dry rich soil, near the coast, West Florida to Key West. — Leaves £'- 1' long. Flowers green, less than a line long. Follicles 1' long. 7. SARCOSTEMMA, B. Brown. Calyx 5-parted. Corolla wheel-shaped, 5-parted. Crown double ; the exte- rior forming a ring at the base of the corolla; the interior longer, 5-leaved Stigma pointed, notched. Follicles slender, smooth. Seeds comose. — Erect or 368 OLEACE^E. (OLIVE FAMILY.} twining shrubs. Leaves often cordate. Flowers yellow or white, in lateral umbels. 1 . S. crassifolium, Decaisne. Stem smooth and twining ; leaves nearly sessile, oblong, mucronate, rounded at the base ; peduncles stout, 8 - 12-flowered, 2-3 times as long as the leaves and pedicels ; lobes of the corolla ovate, obtuse, spreading ; the outer surface, like the calyx and pedicels, pubescent ; leaves of the inner crown oval, rather exceeding the stigma and anthers. — South Florida. — Leaves somewhat fleshy, 9"- 12" long. Corolla 3" wide. Ovary villous. 8. GONOLOBUS, Michx. Calyx 5-parted, spreading. Corolla wheel-shaped, 5-parted, the lobes spread- ing, twisted in the bud. Crown a wavy-lobed ring at the throat of the corolla. Gynostegium flattened, depressed. Anthers opening transversely. Pollen- masses horizontal. Follicles inflated, angled, and often armed with soft spines. Seeds comose. — Twining herbs, with opposite petiolate cordate leaves, and yel- lowish or purplish flowers, in lateral corymbs or umbels. 1. G. macrophyllus, Michx. Hairy; leaves oblong-ovate, cordate, abruptly acuminate ; umbels peduncled, several-flowered ; pedicels spreading, unequal, shorter than the petioles ; corolla dull-purplish, conical in the bud ; the lanceolate obtuse lobes more or less pubescent within, green at the apex ; folli- cle strongly ribbed. — Low thickets, Florida, and northward. July and Aug. — Leaves,2'-6' long. 2. G. hirsutllS, Michx. Hirsute ; leaves round-ovate, cordate, abruptly acute ; umbels about as long as the petioles ; corolla yellowish-green, ovate in the bud, the ovate obtuse lobes pubescent without ; follicles armed with soft spines. — Light rich soil, Florida, and northward. — Leaves 4' -6' long. 3. G. prostratllS, Baldw. Stem dividing at the base into many divari- cate branches, 6'- 12' long, hairy; lower leaves often reniform, the upper cordate, generally acute, all slightly hairy on both sides, and ciliate ; umbels axillary, 3-flowered ; flowers small, purplish ; petals ovate, obtuse ; follicles oval, smooth. — Sand-hills near the Altamaha River, Georgia, Baldwin. ( * ) ORDER 104. OL.EACE.flE. (OLIVE FAMILY.) Trees or shrubs, with opposite entire or pinnate exstipulate leaves, and perfect polygamous or dioecious flowers. — Calyx 4-toothed. Corolla 4-lobed or 4-petalous, valvate in the bud, sometimes wanting. Stamens 2-7. Ovary 2-celled, with 2 suspended anatropous ovules in each cell. Style single or none. Fruit 1 - 2-seeded. Embryo straight, in hard albumen. Synopsis. TRIBE I. OLEINE^E. Fruit a drupe or berry. Flowers with both calyx and corolla. Leaves simple, entire. 1. OLEA. Flowers polygamous. Corolla salver-shaped, with short lobes. 2. CHIONANTHUS. Flowers perfect. Corolla wheel-shaped, with elongated lobes. OLEACEJE. (OLIVE FAMILY.) 369 TRIBE II. FRAXINEJE. Fruit a samara. Flowers dioecious, apetalous. Leaves pinnate. 3. FRAX1NUS. Flowers in lateral and tenrinal panicles. Calyx minute or rarely want- ing. Trees. TRIBE III. FORESTIERE.32. Fruit a drupe. Flowers dioecious or perfect, apeta- lous. Leaves simple. 4. F011ESTIERA. Flowers mostly dioecious, from scaly axillary buds. Shrubs. 1. OLEA, Tourn. OLIVE. Calyx 4-toothed. Corolla short-salver-form, 4-lobed. Stamens 2. Style short. Stigma globose or 2-lobed. Drupe mostly 1-seeded, oily. — Trees or shrubs, with opposite coriaceous entire leaves, and small white fragrant flowers, in axillary racemes or panicles. 1. O. Americana, L. Smooth; leaves oblong or obovate-oblong, nar- rowed into a petiole; racemes compound, shorter than the leaves; flowers polygamo-dioecious, bracted ; drupe ovoid, dark purple. — Light soil, near the coast, Florida to North Carolina. March and April. — A shrub or small tree, with whitish bark and evergreen leaves. Drupe as large as a pea, bitter and astringent. 2. CHIONANTHUS, L. FRINGE-TREE. Calyx small, 4-cleft. Corolla wheel-shaped, 4-parted, with long and linear lobes. Stamens 2-4, included. Style very short : stigma notched. Drupe fleshy, 1-seeded. — A shrub, with oblong entire deciduous leaves, and delicate white flowers in slender axillary panicles, appearing with the leaves. 1. C. Virginica, L. — Light soil, Florida, and northward. April and May. — Shrub 6° -10° high. Leaves smooth or pubescent, narrowed into a petiole. Panicles longer than the leaves, leafy-bracted. Flowers on slender drooping pedicels. Corolla-lobes linear, 1' long. Drupe ovoid, purple. i 3. FRAXINUS, Tourn. ASH. Flowers dio3cious and (in our species) apetalous. Calyx 4-lobed or toothed, minute, sometimes wanting. Stamens 2 - 4 : filaments shorter than the large anthers. Stigma 2-cleft. Fruit (samara) dry, winged above, 1 -2-seeded. Co- tyledons elliptical. Kadicle slender. — Trees. Leaves petioled, odd-pinnate, deciduous. * Fruit naked and terete or barely margined and 2-edged at the base, winged above : leaflets 7-9, stalked. 1. P. Americana, L. (WHITE ASH.) Branches and petioles smooth; leaflets ovate-oblong or lanceolate-oblong, acuminate, entire, or slightly serrate above, smooth on the upper surface, pubescent or glaucous beneath ; fruit terete, striate, dilated at the apex into a cuneate-linear or lanceolate obtuse or notched wing. (F. acuminata and F. juglandifolia, Lam.) — Swamps, Florida to Mis- 370 OLEACE^E. (OLIVE FAMILY.) sissippi, and northward. April. — A large tree. Leaflets 2' - 4' long. Fruit l£' long. ^2. F. pubescens, Lam. (BED ASH.) Branchlets and petioles velvety- pubescent ; leaflets oblong-ovate or ovate-lanceolate, gradually acuminate, bright green above, pale and more or less pubescent beneath ; fruit acute at the base, flattish and somewhat 2-edged, gradually dilated upwards into a long lanceolate and often notched wing. (F. tomentosa, Michx.} — Swamps, Florida and north- ward. March and April. — A small tree. 3. P. viridis, Michx. (GREEN ASH.) Glabrous throughout ; leaflets ovate or oblong-ovate, more or less toothed, smooth and green both sides ; fruit as in No. 2, of which it may be a variety. — Swamps, Florida to Missis- sippi, and northward. March and April. — A small tree. * * Fruit winged all round the seed-bearing portion : leaflets 5-9, short-stalked. 4. P. quadrangulata, Michx. (BLUE ASH.) Branchlets square, smooth ; leaflets oblong-ovate or oblong, acuminate, sharply serrate, when young pubes- cent beneath ; fruit linear-oblong, obtuse at both ends. — Tennessee, and north- ward. May. 5. F. platycarpa, Michx. ("WATER ASH.) Branchlets terete, smooth or pubescent ; leaflets ovate or elliptical, serrate or almost entire, often pubes- cent beneath ; fruit broadly winged, oblong-obovate or oblong with a tapering and acute base, sometimes 3-winged. (F. triptera and F. pauciflora, Nutt.) — Deep river-swamps, Florida to Mississippi, and northward. March and April — A small tree. 4. FORESTIERA, Poir. (ADELIA, Michx.) Flowers dioecious or polygamous, from axillary scaly buds. Corolla none. Calyx minute, 4-lobed. Sterile flowers single or 3 together in the axils of im- bricated scaly bracts. Stamens 3 -7. Fertile flowers peduncled. Styles slender. Stigma capitate. Ovary 2-celled. Drupe ovoid, 1-seeded, black or blue. — Shrubs. Leaves opposite, petioled, serrulate. Flowers minute, greenish, pre- ceding the leaves. 1. P. porulosa, Poir. Leaves coriaceous, smooth at maturity, nearly sessile, ovate-lanceolate or oblong, obtuse, entire, punctate underneath, the margins entire and revolute ; drupe short-ovoid. — Coast of East Florida, Michaux, Leitner. 2. P. ligustrina, Poir. More or less pubescent ; the branchlets rough- ened with fine tubercles; leaves rather membranaceous, obovate or obovate- oblong, mostly obtuse, serrulate (!' long), contracted at the base into a distinct petiole ; drupe oval-oblong. — Rocky banks, Florida, Georgia, and westward. 3. P. acuminata, Poir. Glabrous or slightly pubescent when young; branchlets sometimes spinescent; leaves membranaceous (2' -3' long), ovate- lanceolate or ovate and tapering-acuminate at both ends, somewhat serrulate, slender-petioled ; drupe elongated-oblong, mostly pointed when young. — "Wet grounds, Georgia to Tennessee, and northwestward. ARISTOLOCHIACE^E. (BIRTHWORT FAMILY.) 371 DIVISION III. APETALOUS EXOGENOUS PLANTS. Floral envelopes single, consisting of a calyx only, or alto- gether wanting. ORDER 105. ARISTOLOCHIACEJE. (BIRTHWORT FAMILY.) Herbs or woody vines, with alternate petioled mostly cordate and entire leaves, and solitary peduncled dull-colored flowers. — Calyx adherent to the 6-celled ovary, tubular, valvate in the bud. Stamens 6-12, more or less united with the styles : anthers adnate, extrorse. Fruit 6-celled, few - many-seeded. Seed anatropous. Embryo minute, at the base of fleshy albumen. 1. ASARUM, Tourn. ASARABACCA. Calyx regular, 3-lobed. Stamens 12, the filaments partly united with the style, and usually prolonged beyond the anthers. Capsule fleshy, globose, open- ing irregularly — Aromatic perennial herbs, with creeping stems, long-petioled cordate or kidney-shaped leaves, and axillary peduncled flowers. § 1. ASARUM. — Calyx bell-shaped, adnate to the ovary, 3-parted: filaments free or nearly so : stigma 6-lobed. — Leaves deciduous. 1. A. Canadense, L. (WILD GINGER-ROOT.) Pubescent ; leaves 2, kid- ney-shaped ; calyx-lobes acuminate ; filaments as long as the style. — Mountains of North Carolina, and northward. April and May. — Flowers short-peduncled, purple within. § 2. HETEROTROPA. — Calyx inflated, nearly free from the ovary, 3-cleft: fila- ments united with the ovary: styles 6 : stigmas 2-cleJl. — Leaves evergreen, smooth, mottled. 2. A. Virginicum, L. Leaves round-cordate ; calyx inflated-bell-shaped, with rounded lobes; stigmas deeply 2-cleft. — Rich shady woods in the upper districts, Georgia, and northward. April and May. — Leaves single or 2-3 together, 2' long. Flowers 8" - 9" long, nearly sessile at the base of the petioles, greenish without, dull purple within. 3. A. arifolium, Michx. Leaves oblong-cordate; calyx pitcher-shaped, with rounded lobes ; stigmas slightly 2-cleft. — Shady woods in the lower dis- tricts, Florida to North Carolina. March and April. — Leaves 3' -4' long, auriculate at the base, long-petioled. Calyx 1' long, distinctly peduncled, con- tracted above the middle, dark purple within. 2. ARJSTOLOCHIA, Tourn. BIRTHWORT. Calyx tubular, commonly bent and inflated above the ovary. Anthers 6, ses- sile, adnate to the 3 - 6-lobed or angled stigma. Capsule 6-valved. — Erect or 372 NTCTAGINACE^. (FOUR-O'CLOCK FAMILY.) \ twining herbs or shrubs. Leaves alternate, cordate at the base. Flowers long- peduncled, axillary, or near the base of the stem. * Low herbs. 1. A. Serpentaria, L. Stems single or clustered, pubescent, zigzag and leafy above ; leaves short-petioled, varying from ovate to linear-lanceolate, cor- date or hastate at the base ; flowers near the base of the stem, on bracted spread- ing peduncles ; calyx tortuous, 3-lobed, dull purple. (A. hastata, Null.) — Shady woods, Florida to Mississippi, and northward. June -Aug. — Stem 8' -12' high. Leaves 2' -4' long. Calyx shaped like the letter S. * * Woody vines : capsule oblong, six-angled, 3' - 4' long. 2. A. SiphO, L'Her. Stem smoothish ; leaves large, orbicular-cordate, slightly pubescent beneath ; peduncles slender, solitary, with a roundish clasping bract near the base ; calyx curving upward, with the broad spreading brownish- purple border obscurely 3-lobed. — Rich woods along the mountains, Georgia, and northward. May. — Stem climbing high. Leaves G'- 12' broad. Calyx shaped like a Dutch pipe, 1 £' long. 3. A. tomentosa, Sims. Hoary-pubescent ; leaves cordate ; peduncles opposite the leaves, bractless, woolly ; calyx bent in the middle, the greenish rugose unequally 3-lobed border reflexed, thickened and dark brown at the nearly closed throat. — River-banks, Florida, to the mountains of North Caro- lina, and westward. May. — Stem very long. Leaves 3' - 5' long. Calyx similar in shape to the preceding, but smaller. ORDER 106. NYCTAGINACE^E. (FOUR-O'CLOCK FAMILY.) Herbs or shrubs with tumid joints. Leaves mostly opposite, simple, petioled, without stipules. — Calyx colored and resembling a corolla, tubular-bell-shaped or funnel-shaped, free from the 1-celled and 1-ovuled ovary, plaited in the bud, contracted in the middle, with the upper por- tion deciduous. Stamens 1 - several, hypogynous : anthers 2-celled, round- ish. Ovule erect. Style simple : stigma simple or branched. Achenium enclosed in the indurated, mostly ribbed, often glandular base of the calyx. Embryo coiled or folded around copious mealy albumen. Cotyle- dons leafy. Radicle inferior. Synopsis. * Flowers surrounded by a calyx-like involucre. 1. OXYBAPIIUS. Inyolu&re open, membranaceous, 5-lobed. Herbs. * * Flowers without an involucre. 2. BOERHAATTA. Flowers perfect. Embryo coiled. Herbs. 3. PISONIA. Flowers dioecious. Embryo straight. Shrubs. 1. OXYBAPHITS, Vahl. Flowers perfect, 1 - 5 in a cluster, surrounded by an open cup-shaped 5-lobed involucre. Calyx-tube very short; the bell-shaped limb 5-lobed, deciduous. NYCTAGINACE^E. (FOUR-O'CLOCK FAMILY.) 373 Stamens 3, exserted. Style slender : stigma capitate. Achenium enclosed in the indurated ribbed persistent base of the calyx. — Erect herbs, from thick perennial roots. Leaves opposite. Flowers terminal, purple or rose-color. 1. O. angustifolius, Sweet. Stem smoothish, branching above; leaves linear-lanceolate, smooth, obtuse at the sessile base; the upper ones distant, acute; flowers loosely panicled; involucre with rounded hairy lobes, at length enlarged and strongly nerved, 3-flowered ; base of the calyx villous. — South Carolina, and westward. — Stem 3° -4° high. Leaves 2' long. Calyx 4"- 5" long, whitish, veiny. 2. O. albidus, Sweet. Stem erect, 4-angled, furrowed, glandular, pubes- cent ; branches opposite ; leaves oblong-lanceolate, roughish ; peduncles oppo- site, the lower ones solitary, the upper clustered ; involucre hairy ; base of the calyx 5-6-angled, almost hispid. (Allionia albida, Ell.) — Near Columbia, S. C., Elliott. 2. BOERHAAVIA, L. Flowers perfect, Involucre none. Calyx-tube cylindrical or obconical, 5- ribbed; the limb colored, funnel-shaped, 5-lobed, deciduous. Stamens 1-4: anthers minute, roundish. Style slender: stigma obtuse. Embryo folded. — Annual herbs, with diffuse branching stems, and opposite ovate or rounded leaves. Flowers small, in solitary or panicled clusters. 1. B. erecta, L. Stems ascending, branched from the base, smooth, tumid at the joints ; branches alternate ; leaves ovate or roundish, acute or mucronate, often more or less cordate, wavy along the margins, whitened and minutely dot- ted with black beneath ; clusters 3 - 5-flowered, in ample panicles ; stamens 2 ; fruit smooth, obconical, truncate, strongly ribbed. — Cultivated ground, Florida to South Carolina. July - Sept. — Stem l°-3° long. Leaves rather thick, 2' -3' long. Flowers small, purple. 2. B. hirsuta, Willd. Stem diffuse, alternately branched, minutely pubes- cent, hirsute above ; leaves ovate or oblong-ovate, mucronate, obtuse at the base, undulate, smooth, and similarly colored on both sides, ciliate on the margins ; clusters 3 - 6-flowered, forming a loose spreading panicle ; flowers minute ; calyx- limb hairy at the apex ; fruit obconical, rounded at the apex, with the ribs gland- ular-viscid. — South Florida. — Stem stout, 2° - 3° long. Leaves 1' - 2' long. 3. B. viscosa, Lag. Viscid or minutely pubescent ; stem terete, straight ; branches opposite ; leaves ovate-oblong or ovate-lanceolate, mucronate, acute at the base, smooth, whitish beneath, slender-petioled ; peduncles solitary, axillary, 2-cleft, mostly shorter than the leaves ; flowers capitate, minute ; stamens 3 ; fruit club-shaped, acutish, with the ribs glandular. — South Florida. — Stem 2°- 3° long. Leaves I'- l£' long. 3. PISONIA, Plum. Flowers dioecious. Involucre none. Calyx 5- or 10-toothed, funnel-shaped in the sterile flowers, tubular and persistent in the fertile. Stamens 6-10, exserted : 32 374 PHYTOLACCACE^. (POKEWEED FAMILY.) anther-cells distinct. Style mostly lateral : stigma many-cleft. Fruit terete or ribbed, smooth or glandular. Embryo straight. Cotyledons folded around the albumen. — Trees or shrubs, with opposite or alternate leaves, and mostly rose- colored flowers in corymbose cymes. 1. P. aculeata, L. Spiny; stem smooth; branches widely spreading; leaves alternate, short-petioled, ovate or elliptical, acute or obtuse, smooth ; cymes terminal, peduncled, pubescent, many-flowered; calyx of the sterile flower 10-toothed ; stamens 7 ; fruit club-shaped, 10-striate, and beset with 5 rows of shining viscid glands. — South Florida. — Shrub 5° high ; the spines short and recurved. Leaves l'-2' long. 2. P. obtusata, Swartz. Smooth, spineless; leaves oblong, rounded at the apex, tapering at the base, short-petioled, revolute on the margins, rigid ; cymes long-peduncled, many-flowered, the branches horizontal; fertile calyx 5-cleft, with the lobes narrow and acute ; stamens 7 ; fruit oblong, many-fur- rowed, glandless ; capsule truncate. — South Florida. — Leaves opposite, l'-2' long, light brown beneath. Flowers I'1 -2" long. ORDER 107. PHYTOLACCACE^E. (POKEWEED FAMILY.) Herbs or shrubs, with alternate entire leaves, and apetalous 3-bracted racemed or spiked flowers. — Calyx composed of 4 - 5 nearly equal sepals, more or less united at the base, unchanged in fruit. Stamens hypogynous, as many as the sepals and alternate with them, or numerous, free, or united at the base ; sterile ones none : anthers 2-celled, introrse. Ovary simple or compound. Ovules amphitropous or campylotropous, solitary, erect. Styles as many as the ovaries. Fruit of 1 - many carpels. Albu- men copious or none. Embryo annular, rarely straight. Radicle inferior. Synopsis* SUBORDER I. PETIVERIE^. Fruit simple. Cotyledons convolute. Leaves stipulate. 1. PETIVERIA. Fruit an achenium with reflexed spines at the apex. Embryo straight in scanty albumen. 2. RIVINA. Fruit a berry. Embryo forming a ring around the albumen. SUBORDER II. PHYTOL ACCEDE. Fruit compound. Cotyledons flat. Leaves exstipulate. 3. PHYTOLACCA. Fruit a berry, composed of numerous carpels arranged in a circle. 1. PETIVEBIA, Plum. Calyx 3-bracted, 4-parted, herbaceous. Stamens 4 - 8 : anthers linear. Ovary simple, 1 -celled. Ovule single, erect, amphitropous. Stigma many- cleft. Achenium wedge-shaped, compressed, 2-lobed at the apex, each lobe CHENOPODIACE^E. (GOOSEFOOT FAMILY.) 375 armed with 2-3 rcflexed spines. Albumen almost none. Embryo straight. Cotyledons unequal, convolute. — Shrubby tropical plants, with entire stipulate leaves, and small greenish flowers in an elongated and slender spike. 1. P. alliacea, L. — South Florida.— Stem 2° -3° high, closely pubes- cent. Leaves 3' -4' long, oblong or obovate, obtuse, narrowed into a short petiole, pubescent beneath. Spikes filiform, single or by pairs, 6' -12' long. Calyx-lobes linear, incurved at the apex. Stamens 4-5. Achenia erect, ap- pressed to the rachis, with two spines at each lobe. Stipules subulate, minute. 2. RIVINA, Plum. Calyx remotely 3-bracted, 4-parted, colored. Stamens 4 -8 : anthers ovate or oblong. Ovary simple. Ovule solitary, amphitropous. Stigma capitate or many-cleft. Berry nearly globose, at length dry. Embryo forming a ring around the copious albumen. Cotyledons somewhat leafy, convolute. — Shrubs, with alternate minutely stipulate petioled leaves, and small white or rose-colored flowers in axillary and terminal racemes. Bracts deciduous. 1. B. humilis, L. Closely pubescent; stem with spreading branches; leaves oblong-ovate, rounded at the base, tapering but obtuse at the summit, on long filiform petioles ; racemes slender, longer than the leaves ; calyx-lobes obovate, pale rose-color ; berry rounded, compressed. — South Florida. — Shrub 1° - 2° high. Leaves 1 ' - 3' long. Flowers and berries 1 " - 1 |" long. 3. PHYTOLACCA, Tourn. POKEWEED. Calyx 3-bracted, 5-parted ; the lobes petal-like, rounded. Stamens 5 - 25, the filaments subulate : anthers elliptical. Ovary compound. Styles 5-12, short, distinct, recurved at the apex, stigmatic within. Fruit a depressed globose berry, containing 5-12 one-seeded indehiscent carpels united in a circle. Embryo forming a ring around the central albumen. Cotyledons linear. — Erect branch- ing herbs, with entire petioled leaves. Flowers in racemes opposite the leaves. 1. P. decandra, L. Smooth; stem very stout (2° -12° high); leaves ovate-lanceolate, acute ; racemes many-flowered, as long as the leaves ; flowers white, turning purplish; stamens, styles, and carpels 10. — Margins of fields and uncultivated ground, Florida, and northward. July -Sept. 1J. — Boot large. Berry black. ORDER 108. CHENOPODIACEJE. (GOOSEFOOT FAMILY.) Unsightly herbs, with exstipulate leaves, inconspicuous flowers, and the characters mostly of the preceding family ; but the green calyx often becoming succulent in fruit, 5 (rarely 1-2) stamens opposite the sepals, a solitary ovary forming an achenium or utricle in fruit, twcr short and spreading styles, a horizontal or vertical lenticular seed, and the embryo forming a ring around the albumen, or spirally coiled with little or no albumen. 376 CHENOPODIACE^. (GOOSEFOOT FAMILY.) Synopsis* TRIBE I. C YCLOLiOBEJE. — Embryo curved like a ring around the albumen. 1. CHENOPODIUM. Calyx 3 - 5-parted, the lobes commonly keeled in fruit. Seed horizontal, rarely vertical. 2. ATRIPLEX. Flowers monoecious. Calyx of the sterile flowers 5-parted, of the fertile flower none. Ovary enclosed in a pair of separate at length coriaceous bracts. Radicle inferior. 3. OBIONE. Bracts of the fertile flower united. Radicle superior. 4. SALICORNIA. Flowers 3 together, lodged in excavations of the thickened joints of the TRIBE II. SPIROIjOBE^J. — Embryo spirally coiled, with little or no albumen. Seed horizontal. 5. CHENOPODINA. Calyx 5-parted, not keeled. Leaves terete, fleshy. 6. SALSOLA. Calyx at length transversely winged. Leaves spiny. 1. CHENOPODIUM, L. PIGWEED. GOOSEFOOT. Calyx 5- (rarely 3 -4-) parted, bractless, the lobes mostly keeled. Stamens 5, the filaments filiform. s Styles 2-3, distinct, or united at the base. Utricle depressed, enclosed in the globose or 5-angled calyx. Seed horizontal (rarely vertical), lenticular. Embryo forming a more or less perfect ring around the copious mealy albumen. — Glandular or powdery-coated herbs, with alternate leaves, and clusters of small greenish flowers disposed in panicled spikes. * Annuals. 1. C. Boscianum, Moq. Stem erect, with angular branches ; leaves small, spreading, lanceolate-linear, very acute, entire, or the lower ones some- what toothed, more or less mealy and whitened beneath ; spikes loose, leafy ; seed acute on the margins, slightly roughened, shining, enclosed in the acute- angled calyx. — Carolina, Bosc. — Stem slender, 2° high. Leaves 5" - 12" long, on petioles 2" - 3" long. Calyx-lobes elliptical-ovate, acutish. 2. C. album, L. Stem erect, branched, slightly furrowed ; leaves ascend- ing, rhombic-ovate, acute at the base, toothed ; the upper ones lanceolate and entire, more or less coated with a white powder ; spikes panicled ; the small clusters scattered or crowded, nearly leafless ; seed enclosed in the 5-angled calyx, acute on the margins, smooth and shining. — Varies (C. viride, L.} with nearly entire and less mealy leaves, and the larger clusters more scattered. — Cultivated grounds, Florida, and northward. July - SepL — Stem 2° - 6° high. Petioles long and slender. 3. C. murale, L. Stem ascending, branched ; leaves long-petioled, ovate- rhombic, acute, unequally and sharply toothed, bright green on both sides ; spikes slender, spreading, corymbose, scarcely exceeding the leaves ; seed not shining, acute on the margins, nearly enclosed in the slightly angled calyx. — Waste places, Florida, and northward. — Stem 6'- 18* high. 4. C. Botrys, L. Stem erect, branched ; leaves oblong, somewhat pinna- tifid-lobed, with the lobes obtuse and glandular-pubescent, the upper ones minute ; racemes numerous, axillary, spreading, cymose } seeds with rounded CHENOPODIACE^E. (GOOSEFOOT FAMILY.) 377 margins, not wholly include'd in the open and even calyx. — Waste places, Columbia, South Carolina, Elliott, and northward. — Stem 6'- 12' high. * * Perennial. 5. C. Anthelminticum, L. (WORM-SEED.) Stem stout, erect, branch- ing ; leaves oblong or lanceolate, acute at each end, sharply toothed ; flowers in narrow panicles terminating the branches ; seeds with obtuse margins, smooth and shining, included in the even calyx. — Waste grounds, Florida, and north- ward. — Stem 2° -3° high. 2. ATRIPLEX, L. ORACHE. Flowers monoecious or dioecious, either similar to those of Chenopodium, or the fertile flower destitute of a calyx, and enclosed in two ovate or rhombic sep- arate or partially united bracts. Seed vertical, lenticular. Embryo forming a ring around the copious mealy albumen. Radicle inferior. — Herbs, commonly coated with scurfy or silvery scales. Leaves alternate or opposite, oftener has- tate or angled. Flowers in dense spikes. 1. A. hastata, L. Stem angled, diffusely branched ; leaves petioled, com- monly nearly opposite, hastate or triangular, somewhat toothed, and, like the branches, more or less scurfy; fruiting bracts triangular-ovate or rhomboidal, entire or toothed below, smooth or muricate within. (A. patula, Ell.) — Sea- shore, South Carolina, Elliott, and northward. June -Sept. — Stems l°-2° long. 3. OBIONE, Gsertn. Chiefly as Atriplex, both in character and habit ; but the two indurated bracts more or less united, often toothed on the edges and crested on the sides, and the radicle superior. 1. O. arenaria, Moquin Plant coated with silvery scales ; stem branch- ing from the base, ascending ; lowest leaves opposite, obovate, entire, tapering into a petiole, the others alternate, nearly sessile, lanceolate or oblong, acute, wavy and slightly toothed ; sterile flowers in close terminal spikes ; the fertile ones in axillary clusters ; bracts 3-toothed at the summit, and with two mostly toothed knobs at the sides. (Atriplex arenaria, Nutt.) — Drifting sands along the coast, Florida, and northward. July -Sept. (I)— Stem l°-2° high. Leaves l'-l|' long. 2. O. cristata, Moquin. Plant scurfy, green; stems diffusely branched; leaves oblong, mucronate, petioled, denticulate, green above, paler beneath; bracts roundish, acute, somewhat spiny-toothed on the margins, and with 2-4 roundish knobs at the sides.— Sandy shores, South Florida. — Stem l°-l£° high. Leaves £'- 1' long. Flowers clustered. 4. SALICOKNTA, Tourn. SAMPHIRE. Flowers perfect, lodged in excavations of the thickened upper joints of the stem, spiked ; calyx thin, with a denticulate border, at length spongy, and sur- 32* 378 AMARANTACE^E. (AMARANTH FAMILY.) rounded at the apex by a circular wing. Stamens '1 -2. Styles united below. Utricle included in the calyx. Embryo coiled, or bent into a ring. — Smooth and succulent saline plants, with jointed leafless stems. Flowers three together ; the lateral ones sometimes sterile, minute. 1. S. herbacea, L. Annual; stem erect, much branched; the joints thickened upward, obtusely 2-toothed at the apex ; spikes long, tapering to the summit. — Salt marshes along the coast, Georgia, and northward. August. — Stem 6' -12' high. 2. S. ambigua, Michx. Stem shrubby, prostrate or creeping ; the branches herbaceous, erect ; joints truncate, dilated upward, slightly 2-toothed ; spikes cylindrical, obtuse, the uppermost approximate, sessile, the lateral ones pcdun- cled. — Sandy marshes along the coast, Florida, and northward. Aug. — Stem 2° -3° long, the branches 4'- 6' high. 5. CHENOPODINA, Moquin. Flowers perfect, bracted. Calyx 5-parted, fleshy, inflated and berry-like in fruit. Stamens 5. Stigmas 2-3, spreading. Utricle depressed, enclosed in the calyx. Seed horizontal, lenticular. Embryo flat-spiral, dividing the scanty albumen into 2 portions. — Smooth saline plants, with fleshy terete alternate leaves, and axillary clustered flowers. 1. C. maritima, Moquin. Annual; stem diffusely much branched; leaves linear, acute ; calyx-lobes obtuse, keeled ; stamens exserted. — Low sandy places along the coast, Florida, and northward. Sept. — Stem l°-3° high. Leaves l'-2' long. Flowers minute. 6. SALSOLA, L. SALTWORT. Flowers perfect, 2-bracted. Calyx 5-parted, the lobes at length transversely winged. Stamens 5, slightly united at the base. Style slender : stigmas 2. Utricle flattened at the apex, enclosed in the persistent calyx. Embryo conical- spiral. Albumen none. — Saline plants, with alternate and fleshy leaves, and axillary flowers. 1. S. Kali, L. Smooth; stem spreading, ascending; leaves subulate, spine- pointed, like the ovate bracts ; flowers solitary ; calyx-lobes connivent, with the dilated, membranaceous wing rose-colored. (S. Caroliniana, Walt.) — Sandy shores, Georgia, and northward. Aug. ® — Stem 1° - 1|° high. ORDER 109. AMARANTACE^E. (AMARANTH FAMILY.) Chiefly herbs, with simple exstipulate leaves, and inconspicuous scarious- bracted flowers, which are commonly crowded in spikes or heads. — Sepals 3-5, free, or united at the base, scarious, imbricated in the bud. Stamens 3-5, hypogynous, opposite the sepals, free, or united below, often with AMARANTACE^E. (AMARANTH FAMILY.) 379 sterile filaments interposed : anthers 1 - 2-celled, introrse. Ovary single, ovate, compressed, 1 - many-ovuled. Stigmas 1-3. Utricle closed or circumscissile. Embryo coiled into a ring around the central albumen. Synopsis* TRIBE T. CEIjOSIE^E. Anthers 2-celled. Ovary many-ovuled. 1. CELOSIA. Stamens united at the base. Utricle circumscissile. TRIBE II. ACHYRANTHEJE. Anthers 2-celled. Ovary 1-ovuled. — Leaves alter- nate. Stamens free. Sterile filaments none. * Utricle circumscissile. 2. AMARANTUS. Flowers monoecious. Sepals 3 -5. * * Utricle indehiscent. 3. EUXOLUS. Flowers all alike, monoecious, sessile. Sepals 3-5. 4. AMBLOGYNA. Flowers monoecious. Calyx of the staminate flower 3-sepalous, of the pistillate flower 5-parted, funnel-shaped. 5- SCLEROPUS. Flowers monoecious. Sepals 5. Stamens 3. Fruiting pedicels indurated and deciduous with the fruit. ;. . 6. ACNIDA. Flowers dioecious. Sepals of the staminate flower 5, of the pistillate none. Stamens 5. TRIBE III. GOMPHRENE^E. Anthers 1-celled. Ovary 1-ovuled. Leaves opposite. Stamens united below. 7. IRESINE. Calyx 5-sepalous. Stamens united into a short cup. Sterile filaments none. 8. ALTERNANTHERA. Calyx 5-sepalous. Stamens united into a cup. Sterile filaments minute, tooth-like. 9. TELANTHERA. Calyx 5-sepalous. Stamens united into a tube. Sterile filaments cleft or fimbriate at the apex. 10. FR<ELICHIA. Calyx 5-cleft. Stamens wholly united. Anthers sessile. Sterile fila- ments entire. 1. CELOSIA, L. Flowets perfect, 3-bracted. Sepals 5. Stamens 5, united at the base into a cup. Sterile filaments none. Anthers 2-celled. Style short or elongated. Stigmas 2-3, recurved. Utricle many-seeded, circumscissile. — Smooth herbs or shrubs, with alternate petioled leaves, and glossy flowers, crowded in axillary and terminal spikes or panicles. 1. C. paniculata, L. Stem shrubby, erect; leaves deltoid-ovate, acute, abruptly petioled ; spikes cylindrical, simple or branched, mostly shorter than the leaves ; sepals oblong, rigid, several times longer than the bracts ; stigmas 3 ; utricle many-seeded. — South Florida, Dr. Blodgett. Leaves 2' long. Seeds minute, lenticular, shining. 2. AMABANTUS, Tourn. AMARANTH. Flowers polygamo-moncecious, 3-bracted. Sepals 5, rarely 3, smooth, erect. Stamens 5 or 3, free. Sterile filaments none : anthers oblong, 2-celled. Style none: stigmas 2-3, slender, spreading. Utricle 1-seeded, ovate, 2-3-toothed at the apex, circumscissile, commonly included in the calyx ; pericarp mostly membranaceous. Kadicle inferior. — Unsightly annual herbs, with erect or dif- 380 AMARANTACE^E. (AMARANTH FAMILY.) fuse stems, alternate mostly petioled entire mucronate leaves, and greenish or purplish flowers, crowded in axillary and terminal spikes or clusters. Bracts longer than the sepals. * Flowers in small axillary clusters : sepals and stamens 3. 1 . A. albus, L. Stem erect, branching from the base, smooth ; leaves small, long-petioled, oblong-obovate, very obtuse or emarginate, wavy at the margins ; clusters shorter than the petioles ; sepals awl-pointed, much shorter than the subulate spine-pointed spreading bracts, and half as long as the rugose utricle. — Cultivated grounds, Florida, and northward. May - Sept. — Stem 1° high. Leaves £' - 1' long. * * Flowers (green] crowded in terminal and axillary spikes: sepals and stamens \ 5 : leaves long-petioled. 2. A. Chlorostachys, "VVilld. Stem erect, furrowed, pubescent-; leaves ovate or rhombic-ovate, obtuse, or the upper ones acute, short-mucronate, the veins beneath, like the petiole, pubescent ; spikes very numerous, forming a long leafy and more or less dense panicle ; sepals lanceolate, acute, scarcely half as long as the subulate bracts, shorter than the rugose utricle. — Cultivated grounds, common. Aug. and Sept. — Stem 2° - 4° high. Leaves 2' - 4' long, twice as long as the petiole. 3. A. hybridus, L. Smooth or nearly so ; stem erect, branching ; leaves thin, ovate or ovate-oblong, obtuse, notched, or tapering at the apex, long- mucronate, the pale veins prominent beneath ; spikes numerous, panicled, the terminal one elongated, the lower axillary ones short and roundish ; sepals ob- long, acuminate, rather shorter than the subulate bracts, and equalling the slightly rugose utricle. — Cultivated grounds, Florida, and northward. Aug. and Sept. — ' Stem 2° - 3° high. Leaves 2' - 5' long. 4. A. spinosus, L. Smooth ; stem stout, succulent, often purplish ; leaves ovate or ovate-oblong, obtuse or emarginate, long-petioled, often blotched with purple, spiny in the axils ; terminal spike elongated, bending, the lower axillary ones short and roundish ; sepals, bracts, and rugose utricle nearly equal. — Fields and waste places, Florida, and northward. July - Oct. — Stem l°-3° high. 3. EUXOLUS, Raf. Characters chiefly of Amarantus ; but the somewhat fleshy utricle indehiscent, and the (green) sepals longer than the bracts. 1. E. lividus, Moquin. Stem erect, branched, succulent, green, red, or purple ; leaves long-petioled, ovate, obtuse or notched at the apex ; spikes dense-flowered ; the terminal one longest, acute, with several shorter ones crowded near its base, the lowest axillary ones much shorter than the petiole ; sepals 3, shorter than the roundish acute rugose utricle, and 3 times as long as the bracts. (Amarantus lividus, L.) — South Florida to South Carolina. July - Sept. (I) — Stem 1 ° - 3° high. Leaves, with the petiole, 3' - 6' long. AMARANTACE^E. (AMARANTH FAMILY.) 381 2. E. pumilus, Raf. Stem low, somewhat fleshy; leaves small, mostly crowded near the end of the branches, ovate, obtuse, short-petioled ; flowers in small axillary clusters ; sepals 5, half as long as the ovate obscurely 5-ribbed utricle. (Amarantus pumilus, Nutt.) — Sandy sea-shore, South Carolina, and northward Aug. and Sept. 4. AMBLOGYNA, Raf. Flowers monoecious. Staminate flowers 3-sepalous, triandrous. Pistillate flowers round-funnel-shaped, 5-cleft, with spreading spatulate scarious lobes, enclosing the indehiscent utricle. Otherwise like Amarantus. 1. A. polygonoides, Raf. Stem slightly pubescent, slender, branching from the base ; leaves small, rhombic-ovate or obovate, obtuse, notched, tapering into a slender petiole ; flowers crowded in axillary clusters, shorter than the petiole ; bracts subulate ; calyx of the pistillate flowers twice as long as the bracts, with a finely ribbed tube, and a spreading white border ; utricle ovate, rugose above, 3-cleft at the apex. — South Florida, © — Stem 1°-1|° long. Leaves £'-!' long. * 5. SCLEROPUS, Schrad. Flowers monoecious, 3-bracted, triandrous. Calyx 5-sepalous. Utricle inde- hiscent. Staminate flowers solitary, sessile in the upper axils. Pistillate flowers clustered in the lower axils, on flattened pedicels which become indurated, and fall away with the mature fruit. Otherwise like Amarantus and Euxolus. , 1. S. crassipes, Moquin. Smooth; stem erect, branching; leaves obo- vate, obtuse, notched, tapering into a slender petiole ; clusters shorter than the petiole ; sepals much longer than the strongly keeled bracts, spatulate, obtuse, enclosing the granular-roughened utricle. — South Florida. (J) — Stem l°-2° high. Leaves 1' long. 6. ACNIDA, Mitchell. Flowers dioecious, 3-bracted. Calyx of the Staminate flower 5-sepalous, of the pistillate flower none. Stamens 5, free. Sterile filaments none : anther-cells united only in the middle. Stigmas 3-5, spreading, shorter than the 1-ovuled ovary. Utricle fleshy, 3 - 5-angled, indehiscent. Seed obovate. Radicle infe- rior. — A smooth marsh annual, with long lanceolate alternate entire leaves, and thin scarious white flowers in axillary and terminal panicles. 1. A. cannabina, L. — Marshes and river-banks, Florida, and northward. Aug. and Sept — Stem stout, branched, 2° -8° high. Leaves long-petioled, 3'- 6' long, obtuse or acuminate. Spikes cylindrical, panicled. Sepals pointed. Bracts of the pistillate flowers subulate. 7. IBESINE, Browne. Flowers perfect or dioecious, 3-bracted. Sepals 5. Stamens 5, united into a cup at the base. Sterile filaments none : anthers 1 -celled, ovate. Style very 382 AMARANTACE^E. (AMARANTH FAMILY.) short: stigmas 2 - 3, slender. Utricle roundish, 1 -seeded, indehiscent, included in the calyx. Seed vertical, lenticular. Radicle ascending. — Chiefly herbs, with opposite petioled leaves, and scarious glossy flowers, disposed in single or panicled spikes or heads. § 1. PHILOXERTJS. Flowers perfect, crowded in axillary and terminal heads. 1. I. vermicularis, Moquin. Smooth; stem much branched, prostrate or creeping ; leaves club-shaped, fleshy, semi-terete ; heads mostly sessile, ovate or globose, at length oblong or cylindrical, obtuse ; flowers white ; sepals obtuse, longer than bracts, the two exterior ones woolly at the base. — Sandy sea-shores, South Florida. — Stems 1 ° - 2° long. Leaves £' - 1 ' long. Heads 3" - 8" long, mostly terminal and solitary. § 2. IRESINASTRUM. Flowers dioecious, disposed in loosely-panicled spikes. 2. I. diffusa, H. & B. Stem erect, somewhat 5-angled, smooth ; leaves petioled, ovate, acuminate, slightly denticulate-ciliate on the margin, smooth ; panicle narrowly pyramidal, much branched ; spikelets ovate, obtuse, straw-color ; sepals 3-nerved, smooth, acute, twice as long as the ovate bracts ; rachis slightly pubescent. (I. celosioides, Ell. ?) In Florida, Michaux. Saline marshes, South Carolina, Elliott. — Stem 2° -3° high. Leaves l£' - 2' long, the upper ones lanceolate. Branches of the panicle alternate. 8. ALTERNANTHERA, Mart. Flowers perfect or dioecious, 3-bracted. Sepals 5, smooth or villous. Sta- mens 5, united into a short cup at the base. Sterile filaments minute, tooth-like : anthers 1-celled. Style short : stigma capitate or 2-lobed. Utricle indehiscent, 1 -seeded. Seed vertical, lenticular. Radicle ascending. — Herbs. Leaves op- posite. * Flowers dioecious : heads or spikes loosely panicled : stigma 2-lobed. 1. A. flavescens, Moquin. Stem erect, smooth, furrowed, simple or spar- ingly branched ; leaves ovate-lanceolate, acute or acuminate at each end, rough- ish with short scattered hairs, short-petioled ; panicle oblong, the branches alter- nate, nearly leafless ; spikes oblong, lengthening, straw-color ; sepals of the staminate flowers oblong, acute, nerveless, smooth, twice as long as the ovate persistent bracts ; those of the pistillate flowers ovate, 3-nerved nearly to the apex ; the pedicels clothed with long white wool. — Margins of fields, Middle Florida. July - Sept. (J) — Stem 2° - 3° high. Leaves 2f - 4' long, the upper- most alternate and lanceolate. Panicle 8' -12' long. Sterile filaments tooth- like, minute. * * Flowers perfect : heads mostly axillary, solitary or clustered : stigma capitate : stems prostrate. 2. A. Achyrantha, R. Br. Stems forking, pubescent ; leaves smoothish, oval or obovate, narrowed into a petiole ; heads dense, oval, white ; sepals lance- olate, spine-pointed, woolly with barbed hairs on the back, the two inner ones much smaller; sterile filaments subulate from a dilated and obscurely denticulate AMARANTACE^E. (AMARANTH FAMILY.) 383 base, as long as the fertile ones. (Achyranthes repens, Ell.) — Along roads and places much trodden, Florida to South Carolina. June- Oct. ]]. — Stems 6'- 12' long. Leaves 1' long. 9. TELANTHERA, B. Brown. Flowers perfect, 3-bracted. Sepals 5, erect. Stamens 5, united into a tube below the middle. Sterile filaments elongated, flattened, fimbriate at the apex : anthers 1 -celled, oblong. Style short: stigma capitate. Utricle indehiscent, 1 -seeded, included in the calyx. Seed vertical. Radicle ascending. — Herbs or shrubs, with opposite leaves. Flowers capitate. * Calyx sessile, the 3 exterior sepals longer : heads sessile or nearly so. 1. T. polygonoides, Moquin. Stem erect or prostrate, pubescent ; leaves oblong-obovate, hairy ; heads sessile, roundish, single or 2 - 3 together, axillary and terminal ; sepals thin, ovate-lanceolate, twice as long as the bracts, the outer ones 3-nerved, woolly at the base ; sterile filaments as long as the fertile ones, 3 - 4-cleft at the apex. — On the coast of South Carolina, Moquin. 2. T. inaritima, Moquin. Smooth and fleshy ; stem prostrate, branching, angled ; leaves wedge-obovate, very obtuse, mucronate ; heads roundish or ob- long, axillary and terminal, dull straw-color, rigid ; flowers crowded, 3-angled ; sepals smooth, rigid, ovate, acuminate, 5-ribbed, with the margins membrana- ceous, one third longer than the ovate keeled bracts ; sterile filaments longer than the fertile ones, 4-6-cleft at the apex. — South Florida. — Leaves l'-2' long. Heads 4" - 6" long. * * Calyx raised on a short 5-angled pedicel ; the sepals nearly equal, cylindrical, hairy : heads long-peduncled. 3. T. Floridana, n. sp. Shrubby; stem slender, elongated, forking, remotely jointed ; the young branches and leaves roughened with appressed scattered hairs •, leaves distant, fleshy, oblong-lanceolate or obovate, acute or acuminate, tapering into a short petiole ; peduncles terminal and in the forks, 4-6 times as long as the leaves ; heads white, ovate; sepals lanceolate-oblong, acute, 3-5-nerved, hairy, 2-3 times as long as the ovate acute bracts; sterile filaments longer than the fertile ones, 5-6-cleft; utricle crowned with a narrow toothed margin. — South Florida, along the coast. — Stem 2° - 4° long Leaves 1' long. 4. T. Brasiliana, Moquin. Herbaceous, rough-hairy; the young leaves and branchlets hoary ; stem erect, forking ; leaves thin, ovate-lanceolate, acumi- nate, tapering into a short petiole, longer than the internodes, rather shorter than the slender peduncles ; heads and flowers as in No. 3 ; utricle crowned with a narrow entire margin. — South Florida. — Stem apparently tall. Leaves 2'- 4' long. 10. PRCELICHIA, Mcench. Flowers perfect, 3-bracted. Calyx tubular, 5-cleft, indurated and spiny-crested in fruit. Stamens 5, united into a long tube. Sterile filaments entire anthers 384: POLYGONACE<as. (BUCKWHEAT FAMILY.) sessile. Stigma capitate or many-cleft. Utricle indehiscent, 1 -seeded, included in the calyx. Seed vertical. Radicle ascending. — Woolly or hairy annuals. Leaves opposite. Spikes opposite, and terminating the naked peduncle-like summit of the stem. 1 . P. Floridana, Moquin. White-tomentose or woolly ; stem erect, sim- ple or branched ; leaves varying from linear to oblong ; spikes ovate or oblong, lengthening with age ; bracts mostly blackish, shorter than the woolly calyx ; style short ; stigma capitate ; fruiting calyx round-ovate, compressed, toothed along the margins, and minutely tubercled at the base. ( Oplotheca Floridana, Nutt.} — Dry sandy places, Georgia, Florida, and westward. July -Sept. — Stem £°-3° high. Spikes solitary, few, or numerous. ORDER 110. POLYGONACEJE. (BUCKWHEAT FAMILY.) Herbs, shrubs, or (tropical) trees, with simple mostly alternate and stipulate leaves, and perfect or dioecious flowers. — Calyx 3 - 6-cleft, or 3 - 6-sepalous, persistent. Stamens 4-12, inserted on the base of the calyx : anthers 2-celled. Ovary single, 1-celled, with the solitary ortho- tropous ovule erect from the base of the cell. Styles 2-3, distinct or partly united. Fruit (achenium) lenticular or 3-angled, rarely ovoid. Embryo mostly on the outside of mealy albumen. Radicle pointing upward. — Stipules sheathing, annular, or wanting. Synopsis. SUBORDER I. POLYGONE^E. Involucre none. Calyx 5-cleft or 5-sepalous. Stamens 4-9 (mostly 5-8). Ovules sessile. Embryo curved on the outside of the albumen, rarely straight in its centre. Stipules sheathing. * Calyx 5-sepalous, the inner sepals erect, mostly enlarged in fruit 1. RTJMEX. Calyx green, often grain-bearing. Stigmas many-cleft. 2. POLYGONELLA. Calyx corolla-like. Stigma entire. * * Calyx 5-sepalous, the sepals all erect, unchanged in fruit, free from the achenium. 3. POLYGONUM. Sepals entire. Embryo curved on the outside of the albumen. 4. THYSANELLA. Inner sepals fimbriate. Embryo straight at the side of the albumen. * # * Calyx 5-parted, the tube enlarged and fleshy in fruit, and partly united with the achenium. 5. COCCOLOBA. Achenium ovoid or globose. Trees. SUBORDER H BRUNNICHIE^E. Involucre none. Calyx 5-parted, the tube enlarged and indurated in fruit. Stamens 8. Ovule borne on a slender stalk. Embryo at the margin of the albumen. Stipules none. 6 BRUNNICHIA. Pedicels winged in fruit. Climbing shrubs. POLYGONACE^E. (BUCKWHEAT FAMILY.) 385 SUBORDER HI. ERIOGONE^E. Flowers surrounded by an invo- lucre. Calyx 6-parted. Stamens 9. Qvule sessile. Embryo included in scarce albumen. Stipules none. 7. ERIOGONUM. Involucre 5-toothed. Woolly or silky herbs. 1. BUMEX, L. DOCK. Flowers perfect or dioecious. Calyx herbaceous, 6-parted, the 3 outer lobes spreading or recurved, the inner ones (valves) mostly enlarged in fruit, and enclosing the 3-angied achenium, often bearing grain-like prominences on the outside. Stamens 6 j anthers erect. Styles 3 : stigmas many-cleft. Achenium 3-angled. Embryo curved on the outside of the albumen. — Herbs, with alter- nate leaves, smooth truncated sheaths, and small green flowers in racemed or panicled clusters. * Flowers perfect or polygamous. •»- Valves entire. 1. R. crispus, L. Smooth; leaves lanceolate, wavy-crisped, acute at both ends, or the lowest truncate or slightly cordate at the base, and long petioled, the uppermost linear ; panicle leafy at the base ; whorls crowded in fruit ; valves broadly cordate, obtuse, one or all grain-bearing. — Waste ground around dwellings, Florida, and northward. June and July. }J. — Stem 2° -3° high. Lowest leaves 1° long. 2. R. verticillatus, L. Smooth ; lowest leaves oblong, obtuse or cordate at the base, flat, the others lanceolate, acute at each end ; panicle naked, loose- flowered ; pedicels slender, thickened upward, reflexed in fruit ; valves ovate, obtuse, rugose-veined, each bearing a large grain, which is half as wide as the valve. (R. Britannicus, Ell.) — Swamps and ditches, Florida, and northward. May and June. 1J. — Stem 1° - 2° high. Lowest leaves 1° - 1£° long. 3. B. Floridanus, Meisner. Smooth; stem stout, branching; leaves lanceolate, acute at each end ; panicle naked, dense-flowered ; pedicels about twice as long as the valves, thickened upward, reflexed in fruit ; valves deltoid- ovate, obtusely pointed, each bearing a narrow grain, which is much narrower than the reticulate valve. — Deep river-swamps, West and South Florida. June. 1|. — Stem 2° - 3° high. Leaves £° - 1 £0 long. 4. R. sanguineus, L. Lowest leaves oblong, cordate, acute or obtuse, the upper lanceolate, acute, obtuse or cordate at the base, wavy -margined ; pan- icle leafless ; lower whorls distant ; pedicels very short ; valves oblong, longer than the pedicel, one only prominently grain-bearing. — Around Charleston, Elliott. New Berne, Croom. Introduced. June and July. 1J.— Stem 2° -3° high. Lowest leaves large, variegated with red veins. •*- -i- Valves toothed or bristly on the margins. 5. R,. obtusifolius, L. Stem roughish ; lowest leaves large, ovate-oblong, cordate, mostly obtuse, the middle ones oblong, the uppermost lanceolate, acute at each end ; panicle large, leafy below ; lowest whorls scattered, the upper somewhat crowded ; valves triangular-ovate, toothed near the base, nearly as 33 POLTGONACE^:. (BUCKWHEAT FAMILY.) long as the slender recurved pedicels, one or all more or less prominently grain- bearing. (R. divaricatus, Ell.) — Waste ground, around dwellings. Introduced. June - Aug. 1|. — Stem 2° - 3° high. Lowest leaves 1° - 1|° long, 6' - 9' wide, slightly crenate, and wavy on the margins. 6. R. pulcher, L. Branches rigid, spreading; lowest leaves cordate- oblong, somewhat fiddle-shaped, the upper lanceolate, acute ; whorls remote ; valves longer than the thick pedicels, ovate-oblong, rigid, strongly toothed, more or less prominently grain-bearing. — Around Charleston, Elliott. Introduced. June and July. 7. E-. maritimus, L. Pubescent; stem low, diffusely branched; leaves lanceolate, wavy-margined, the lower ones somewhat cordate or hastate at the base, the upper linear ; whorls compactly crowded in leafy spikes ; valves small, bristly on the margins, nearly covered by the large grain. (R. persicarioides, L.} — Sea-shores, North Carolina, and northward. Aug. and Sept. (1) — Stems 6' - 12' high. Spikes yellowish. * * Flowers dioecious. Herbs with sour juice. •t— Calyx not enlarged in fruit, 8. R. Acetosella, L. Root creeping; stems low, erect or ascending; leaves oblong, lanceolate, or linear, entire or hastate-lobed ; panicle slender, leaf- less; whorls scattered, few-flowered; valves ovate, grainless, appressed to the achenium. — Old fields and sterile soil, common. June and July, ty — Stems 6' - 12' long. Leaves and flowers small. •i- -i- Inner calyx-lobes dilated in fruit. 9. R. hastatlllus, Baldw. Stems clustered, erect ; leaves glaucous, lance- olate or linear, or the lowest oblong, entire or hastate-lobed ; whorls few-flowered, scattered, or the upper ones crowded ; valves round-cordate, entire, membrana- ceous, reticulated, red or white, grainless. — Dry sands, along the coast and in the middle districts, Florida to South Carolina. May and June. — Stem 1° - 1|° high. Leaves 1' -2' long, the upper ones mostly entire. 2. POLYGONELLA, Michx. Flowers perfect or diceciously polygamous. Calyx corolla-like, deeply 5-parted or 5-sepalous ; the three inner sepals mostly enlarging and enclosing the 3-angled achenium, glandless. Stamens 8 : anthers roundish. Stigmas 3, capitate. Em- bryo straight, or nearly so, in the centre, or at one side of the mealy albumen. — Smooth and commonly glaucous herbs or shrubs, with slender branching stems, small alternate leaves, and small flowers in spiked racemes. — Sheaths smooth. Bracts imbricated, top-shaped, mostly 1 -flowered. Pedicels nodding in fruit § 1. EUPOLYGONELLA. Filaments all alike, subulate : stigmas nearly sessile: Flowers diozciously polygamous : embryo in the centre of the albumen. 1. P. parvifolia, Michx. Shrubby and diffusely branched at the base; leaves wedge-shaped or linear-spatulate, vertical ; those on the sterile shoots im- bricated ; sheaths obliquely truncate, pointless ; racemes short, very numerous, somewhat crowded in an oblong or corymbose panicle ; bracts truncate ; flowers POLYGONACEJE. (BUCKWHEAT FAMILY.) 387 white, yellowish, or rose-color ; exterior sepals recurved ; valves orbicular, equal, longer than the ovate achenium. — Dry sandy soil, near the coast, Florida to North Carolina. Aug. and Sept.— Stem l°-2° high. Leaves £'-!' long. Racemes £'-!' long. 2. P. gracilis, Mcisner. Annual; stem tall and slender, paniculately branched above ; leaves remote, wedge-oblong, obtuse, often wanting ; sheaths truncate, pointless : racemes slender, scattered, forming a large and spreading panicle on the sterile plant, more crowded on the fertile ; bracts truncate ; flow- ers white or pale rose-color, the fertile ones greenish ; sepals all erect ; valves oval or elliptical, unequal (the interior longer), shorter than the ovate-lanceolate acuminate achenium. (Polygonum gracile, Nutl.) — Dry sand ridges in the pine barrens, Florida to South Carolina. Sept. and Oct. — Stem 2° - 5° high. Leaves 1' long. Racemes linear, l'-3' long. 3. P. brachystachya, Meisner. Shrubby ; branches slender ; leaves linear, tapering from the obtuse apex to the base ; sheaths obliquely truncate, somewhat pointed ; panicle compound, leafy ; racemes short, oblong, nearly ses- sile ; bracts truncate ; exterior sepals keeled, reflexed ; valves oval, strongly 1-nerved, longer than the rhomboidal achenium, nearly equal. — South Florida. Branches straight, 1° - 1^° long. Leaves 3" -5" long. Racemes £' long. 4. P. Croomii, n. sp. Stem shrubby at the base ; branches slender ; leaves very small, narrowly linear, obtuse, crowded or imbricated on the sterile shoots ; sheaths obliquely truncate, subulate-awned ; racemes slender, scattered in an open oblong panicle ; bracts of the filiform rachis obliquely truncate, pointed ; flowers minute, white ; exterior sepals recurved ; valves unequal, the 2 exterior roundish, the interior oblong, longer than the rhombic-ovate achenium. — In Carolina or Georgia, probably in the middle districts, Croom. — Stem apparently l°-l£° high. Leaves 2" -3" long. Racemes 3" -5" or the sterile ones at length 9" long. 5. P. ciliata, Meisner. Stem herbaceous, nearly simple ; leaves subulate, very acute, sheaths fringed at the throat with a few long bristles ; panicle simple, short, leafy at the base ; spikes nearly sessile, filiform ; bracts minute, pointed ; pedicels very short ; sepals oblong, obtuse, spreading longer than the achenium. — South Florida, near the Manatee River, Rugd. — Stem 2° high, slender. Leaves I'-l^' long. § 2. GONOPYRUM. Filaments unlike, the 3 interior dilated at the base : styles manifest: flowers perfect: embryo at one side of the albumen. 6. P. Meisneriana, Shuttl. Stem shrubby, much branched ; leaves mi- nute, filiform, obtuse ; sheaths truncate, pointless ; racemes long, forming small panicles at the end of the branches ; bracts loose, oblique, with the points spread- ing ; exterior sepals recurved ; valves equal, roundish, often emarginate, longer than the ovate acuminate achenium ; three interior filaments inversely sagittate below the middle. — Alabama, Rugel, and near Macon, Georgia. — Stem 1° -2° high, with filiform branchlets. Leaves numerous, 2" -3" long. Fruiting spikes rigid, 1 ' - 2' long. Valves largest of all. 388 POLYGONACE^E. (BUCKWHEAT FAMILY.) 7. P. articulata, Meisner. Annual ; stem much branched, slender ; leaves narrowly linear, obtuse, deciduous ; sheaths truncate, pointless ; racemes numer- ous, erect, slender ; bracts truncate, open, the lowest ones pointed ; flowers bright rose-color ; sepals oval or roundish, nearly equal, unchanged in fruit ; interior filaments rhombic-ovate at the base. (Polygonum articulatum, L.) — Dry sandy soil, Georgia, and northward. Aug. — Stem 6' -12' high. Leaves 4' -8' long. Racemes l'-3' long. 3. POLYGONUM, L. KNOTWEED. Flowers perfect. Calyx 5- (rarely 4-) parted, corolla-like, the lobes nearly equal, erect and unchanged in fruit. Stamens 3 - 9 : anthers roundish. Styles 2-3, distinct or partly united : stigmas entire. Achenium 3-angled or lenticu- lar, enclosed in the persistent calyx. Embryo curved on the outside of the albumen. Radicle slender. — Herbs, with alternate, simple leaves, and sheath- ing stipules. Flowers commonly white or rose-color, variously disposed. § 1 . AMBLYGONON. Flowers in closely-bracted spikes : stamens 7 : style 2-cleft : achenium lenticular : cotyledons incumbent : albumen mealy. 1. P. orientale, L. Hairy; stem tall, branching; leaves ovate, acumi- nate, petioled; sheaths loose, salver-form; spikes panicled, cylindrical, dense, nodding ; bracts ovate ; flowers large, bright rose-color. — Around dwellings, escaped from cultivation. June - Sept. — Stem 3° - 5° high. Spikes 2' - 3' long. § 2. PERSICARIA. Flowers in closely-bracted spikes : stamens 4-8: styles 2-3, or 2-3-cleft: achenium 3-angled or lenticular: cotyledons accumbent: albumen horny : sheaths cylindrical, truncate. * Sheaths naked: style 2-cleft or 2-parted: achenium lenticular. 2. P. incarnatum, Ell. Stem smooth below, the summit of the branches, peduncles, and calyx sprinkled with glandular dots ; leaves lanceolate, long- acuminate, petioled, rough on the margins and veins ; sheaths slender, appressed ; spikes racemed, linear, nodding ; bracts spreading, acute, longer than the pedi- cels ; flowers small, flesh-color. Stamens 6 ', style 2-parted ; achenium ovate, with the sides concave. — Ponds, ditches, &c., South Carolina, and west- ward . July r Oct. © — Stem 2° - 3° high. Leaves 6' - 8' long. Spikes 1 ' - 2' long. 3. P. densiflorum, Meisner. Stem stout, smooth, tumid at the joints, branching above ; leaves lanceolate or oblong-lanceolate, tapering at the sum- mit, but rather obtuse, rough on the margins and veins ; spikes racemed or somewhat panicled, linear, erect, dense-flowered, the peduncles minutely glan- dular ; bracts obliquely truncate, obtuse, shorter than the pedicels ; stamens mostly 6 ; style 2-cleft ; achenium round-ovate, black and shining, with the sides convex, — Muddy banks, Florida, and westward. Sept. and Oct. ® — Stem 3° - 4° high. Leaves 6' - 1 0' long. Spikes 2' - 4' long. Flowers white. 4. P. Pennsylvanicum, L. Stem smooth below, the branches and pe- duncles roughened with short glandular hairs ; leave? short-pctioled, lanceolate, POLYGONACEJ2. (BUCKWHEAT FAMILY.) 389 rough on the margins and veins ; spikes erect, oblong, obtuse, close-flowered ; flowers rose-color ; stamens mostly 8, exserted ; style 2-cleft ; achenium orbic- ular, with the sides concave. —Wet places, Georgia, and northward. July- Sept. (1) — Stem l°-3° high, sometimes nearly smooth. Leaves 2' -4' long. Spikes !'-!£' long. Flowei;s much larger than those of the two preceding species. * * Slieaths fringed with bristly hairs: achenium 3-angled, or (in No. 5) sometimes lenticular : stamens mostly 8. 5. P. Persicaria, L. Stem smooth, branching from the base, erect or diffuse ; leaves lanceolate or oblong, obtuse or acutish, the margins and veins roughened ; sheaths short, nearly smooth, fringed with a few short bristles ; spikes short, oblong, obtuse, dense-flowered ; flowers rose-color ; stamens 6 - 7 ; style half 2-cleft ; achenium lenticular or 3-angled, smooth and shining. — Low places around dwellings and along roads, Florida, and northward. Introduced. July. © — Stem l°-l£° high. Leaves 2' -4' long, often with a dark trian- gular spot in the middle. Spikes £'- 1' long. 6. P. acre, Kunth. Stem slender, smooth, creeping at the base; leaves lanceolate, rough on the margins and veins, and, like the white calyx, dotted with pellucid glands ; sheaths smoothish, long-fringed at the throat ; spikes 1-3, filiform, loose-flowered ; stamens 8 ; style 3-parted ; achenium 3-angled. (P. punctatum, Ell.} — Ditches and margins of ponds, Florida, and northward. July -Sept. }|. — Stem 1°- 3° long. Leaves 2' - 4' long, very acrid. Spikes 2' -3' long. • 7. P. hydropiperoides, Michx. Stem slender, smooth, ascending from a floating or creeping base ; leaves linear or lanceolate, roughened with short rigid hairs on both sides, or only on the margins and veins ; sheaths hispid, long-fringed ; spikes 2-3, linear, rather close-flowered ; calyx pale rose-color, and, like the leaves, glandless ; stamens 8 ; style 3-cleft ; achenium 3-angled. (P. mite, Pers.) — Ditches and muddy banks, Florida, and northward. July - Sept. 1J. — Stem 2° -3° long. Leaves 2' -4' long, not acrid. Spikes 1'- 2' long. 8. P. setaceum, Baldw. Stem erect, sparingly branched, smooth below, the upper portion, like the peduncles and lanceolate glandless leaves, rough with appressed hairs ; stipules appressed-hirsute, copiously fringed with long bristles ; spikes filiform, by pairs, loose-flowered ; flowers white, glandless ; stamens 8 ; style 3-cleft ; achenium 3-angled. — Low ground, Georgia and Florida. July- Sept. U — Stem 2° -3° high. Leaves 3' -5' long. Spikes l'-2' long. 9. P. hirsutum, Walt. Stem erect, densely hirsute Avith spreading ful- vous hairs ; leaves lanceolate, nearly sessile, rounded at the base, hirsute, partic- ularly on the veins and margins ; sheaths hirsute, copiously fringed ; spikes 2-3, linear, erect, rather close-flowered ; peduncles smooth above ; bracts naked ; flowers white, glandless ; stamens 8 ; achenium 3-angled. — Pine-barren ponds, Florida to North Carolina. July -Sept. U— Stem 2° -3° high. Leaves 2' - 3' long. Spikes 1' long. 33* 390 POLYGONACE^. (BUCKWHEAT FAMILY.) § 3. AVICULARIA. Flowers axillary, single or 2-3 together: stamens 8, rarefy fewer : stigmas 3, nearly sessile : achenium 3-angled : cotyledons incumbent : albu- men horny : sheaths scarious, 2 - 3-parted, lacerated : leaves small. 10. P. aviculare, L. Stem prostrate, diffuse, short-jointed ; leaves sessile (£' long), oblong-linear or lanceolate, obtuse, longer than the 3-cleft sheaths ; flowers clustered, nearly sessile, greenish-white, longer than the dull achenium ; stamens mostly 5. — Waste places and along roads, common. — Var. ERECTUM. (P. erectum, L.) Stem stouter, erect or ascending, leaves larger (!'- 1^' long), oblong. — With the preceding. — Var. LITTORALE. (P. maritimum, L. P. glaucum, Nutt.) Stem long (l°-2°), prostrate, rigid, short-jointed; leaves small (4" -6"), oblong-linear, glaucous; the uppermost imbricated and scarcely longer than the more conspicuous silvery sheaths ; calyx reddish-white, shorter than the smooth achenium. — Sea-coast sands, Georgia, and northward. 11. P. tenue, Michx. Smooth; stem erect, branched, sharply angled, slender ; leaves scattered, linear, acute ; sheaths small, fringed ; flowers mostly solitary, greenish-white ; achenium smooth and shining. — Dry rocks in the upper districts. July -Sept. Q) — Stem 6' - 8' high. Leaves 6"- 12" long. § 4. TOVARIA. Flowers scattered in a long and slender spike: calyx 4-parted: stamens 5, included : styles 2, exserted, persistent : achenium lenticular : cotyledons decumbent. 12. P. Virginianum, L. Stem erect, smooth below; the upper portion, like the leaves and spikes, more or less hairy ; leaves large, ovate or ovate-lance- olate, acute at each end ; sheaths cylindrical, hairy, fringed ; flowers greenish, curved ; styles at length hooked at the apex. — Dry rich soil, Florida, and northward. Aug. and Sept. 1J. — Plant 2° - 4° high. Leaves 3' - 5' long, l£' - zy wide. Spike 6' - 12' long. § 5. ECHINOCAULON. Flowers in terminal clusters : calyx 4 - 5-parted : stamens 6 or 8 : styles 2 - 3 : achenium lenticular or 3-angled: cotyledons accumbent. — Stems weak, branching, armed on the angles, petioles, fyc. with recurved prickles. 13. P. arifolium, L. Leaves hastate, acuminate, membranaceous, mi- nutely dotted and hairy, long-petioled, the lobes acute ; peduncles rather short, bristly ; flowers white, somewhat spiked ; stamens 6 ; styles 2 ; achenium len- ticular.— Rice fields and wet places, South Carolina, and northward. June- Oct. © — Stems 2° - 3° long. Leaves 3' - 4' long. Calyx often 4-parted. 14. P. sagittatum, L. Leaves small, sagittate, acute, short-petioled, smooth ; peduncles elongated, smooth ; flowers white, capitate ; stamens 8 ; styles 3; achenium 3-angled. — Wet places, Florida, and northward. June- Oct. CD — Stem l°-3°long. Leaves 1'- 2' long. § 6. TINIARIA. Flowers in axillary clusters or racemes: calyx greenish white, 5-parted, the outer lobes keeled or winged on the back : stamens 8 : styles 3, very short : achenium 3-angled : cotyledons accumbent. — Annuals, with twining stems and cordate leaves. 15. P. Convolvulus, L. Stem roughish, prostrate or twining, or when small erect ; leaves long-petioled, sagittate-cordate, acuminate, the lobes acute or POLYGONACE^E. (BUCKWHEAT FAMILY.) 391 obtuse ; sheaths naked ; flowers in axillary clusters, or forming long interrupted and leafless racemes ; fruiting calyx ovate, minutely puberulent, closely invest- ing the dull black achenium, the outer lobes keeled. — Cultivated ground. In- troduced. July - Sept. — Stems 1° - 3° long. 16. P. cilinode, Michx. Minutely pubescent; stem twining; leaves ovate, cordate or somewhat hastate at the base, acuminate, petioled; sheaths with a row of reflexed hairs at the base ; flowers in loose simple axillary and panicled racemes ; fruiting calyx smooth, nearly including the smooth and shin- ing achenium, the outer lobes slightly keeled. — Dry rocks on the mountains of North Carolina, and northward. July - Sept. — Stem 3° - 9° long. 17. P. dumetorum, L. Smooth; stem twining; leaves ovate, acuminate, long-petioled, cordate or somewhat sagittate at the base ; sheaths naked ; flowers in long axillary more or less leafy racemes ; fruiting calyx somewhat spatulate, emarginate, much longer than the smooth and shining achenium, the outer lobes winged and decurrent on the pedicel. (P. scandens, L.) — Low margins of fields and thickets, Florida, and northward. June -Sept. — Stem 6° -12° long. 4. THYSANELLA, Gray. Flowers polygamous. Calyx corolla-like, deeply 5-parted, unchanged in fruit ; lobes erect, unequal ; the 2 outer ones cordate at the base ; the inner ones smaller, pectinate-fimbriate. Stamens 8, the filaments filiform. Styles 3, fili- form : stigmas entire, obtuse. Achenium ovate, 3-angled, nearly included in the persistent calyx. Cotyledons on the outside of the albumen. — An erect smooth and branching annual, with long linear acute leaves, truncate cylindrical sheaths, fringed with long bristles, and white or rose-colored flowers in closely bracted spikes. 1. T. fimbriata, Gray. (Polygonum fimbriatum, Ell.) — Dry pine bar- rens, Georgia and Florida. Sept. and Oct. — Stem branching above, 2° high. Leaves l'-2' long. Sheaths smooth, adnate to the leaves, not longer than the fringe, the lower ones imbricated. Spikes 2' - 3' long, panicled, erect, the upper ones pistillate, the lower staminate. Bracts pointed with a long and slender awn. Outer calyx-lobes oblong, entire in the staminate flowers, fimbriate, like the inner ones, in the pistillate ones. 5. COCCOLOBA, Jacq. Flowers perfect. Calyx herbaceous, 5-parted, the tube enlarged and more or less fleshy in fruit. Stamens 8. Filaments subulate. Styles 3 : stigmas entire. Achenium nearly globose, included in and partly united with the persistent calyx. Embryo straight in the axis of mealy albumen. — Trees or shrubs, with alter- nate leaves, truncate sheaths, and small greenish flowers in axillary and terminal racemes. 1. C. uvifera, Jacq. (SEA-GRAPE.) Smooth ; leaves short-petioled, cori- aceous, orbicular-cordate or reniform ; racemes terminal, rigid, erect ; pedicels 392 POLYGONACEJS. (BUCKWHEAT FAMILY.) single ; stamens included ; achenium ovate, acute. — South Florida, along the coast. — A shrub or small tree, with rigid spreading branches. Leaves 3' - 5' wide, very thick. Racemes 6' long. 2. C. Floridana, Meisner. Smooth; leaves petioled, somewhat coria- ceous, elliptical, obtuse at each end ; racemes slender, terminal and on short lateral branches, recurved; pedicels 2-3 together, about the length of the calyx ; stamens exserted ; achenium ovoid, obtuse. — South Florida. — A small tree. Leaves 2' - 3' long. Sheaths loose, brown. Racemes 2' - 3' long. Ache- nium 4" -5" long. 6. BBUNNICHIA, Banks. Flowers perfect. Calyx bell-shaped, 5-parted, the tube enlarged in fruit and enclosing the free achenium. Stamens 8 or 10. Styles 3, slender : stigmas entire. Ovule borne on a slender cord from the base of the ovary, pendulous. Achenium obtusely 3-angled. Seed 6-furrowed. Embryo in one of the angles of the mealy albumen. — A smooth vine, climbing by terminal tendrils. Leaves ovate or cordate-ovate, petioled, acute, deciduous. Sheaths obsolete. Flowers greenish, in axillary and terminal racemes, on slender pedicels, which become indurated and flattened in fruit. 1. B. cirrhosa, Banks. — River-banks, Florida to South Carolina. April and May. — Stem shrubby, 10°- 20° long. Leaves 2' - 3' long. Racemes 3'- 6' long. Bracts ovate, acuminate, 3 - 5-flowered. Fruiting pedicels curved. 7. ERIOGONTTM, Michx. Flowers perfect or polygamous, surrounded by an involucre. Calyx deeply 6-cleft. Stamens 9. Ovary free, 3-sided. Styles 3 : stigmas capitate. Ache- nium 3-angled or 3-winged. Embryo straight in the axis of the albumen, or more or less curved. — Downy or woolly herbs. Leaves alternate, opposite or whorled. Sheaths none. Inflorescence various. 1. E. longifolium, Nutt. Stem erect, tomentose, corymbose above, leafy below ; leaves smooth or villous above, white-tomentose beneath, the lowest clus- tered, oblong-linear, long-tapering at the base, the upper scattered, the uppermost bract-like ; involucre stalked, many-flowered, obtusely 5-toothed ; calyx herba- ceous, equal, woolly without. — Sand ridges, East Florida, ty— Stem 2° -3° high. Lowest leaves 3'- £/ long. 2. E. tomentosum, Michx. Stem erect, tomentose, corymbose above, leafy throughout; leaves smooth above, white tomentose beneath, the lowest clustered, obovate-oblong, long-petioled, the others in whorls of 3-4, elliptical, sessile ; involucre sessile, obtusely 5-toothed ; calyx white, unequal, woolly with- out. — Dry pine barrens, Florida to South Carolina. July- Sept. 1J. — Stem 2° -3° high. Lowest leaves 4'- 6' long. Flowers very numerous on one side of the spreading branches* LAURACE^E. (LAUREL FAMILY.) 393 ORDER 111. L.AURACE-3E. (LAUREL FAMILY.) Aromatic trees or shrubs (except Gassy ta), with alternate simple mi- nutely dotted leaves, without stipules, and perfect or polygamous clustered flowers. — Calyx 6 - 9-parted, imbricated in 2 rows. Stamens 6 or more, in 1 - 4 rows : anthers adnate, 2 - 4-celled, opening by lid-like valves. Ovary free, 1-celled, with a solitary anatropous suspended ovule. Style simple, thick : stigma obtuse. Fruit a drupe or berry. Seed without albumen. Embryo large. Radicle superior. Synopsis. TRIBE I. IiAURINE.33. Fruit naked. — Trees or shrubs. * Flowers perfect. Stamens 12, the 3 inner ones sterile. 1. PERSEA. Anthers 4-celled, 4-valved. Trees with evergreen leaves. * * Flowers dioecious. Stamens 9, all fertile. 2. SASSAFRAS. Involucre none. Anthers 4-celled. 3. BENZOIN. Involucre 4-leaved. Anthers 2-celled. 4. TETRANTHERA. Involucre 2- 4-leaved. Anthers 4-celled. TRIBE II. CASSYTE^. Fruit enclosed ha the fleshy calyx. — Leafless twining par- asites. 5. CASSYTA. Flowers perfect. Stamens 9. Anthers 2-celled. 1. PERSEA, Gaertn. RED-BAT. Flowers perfect. Calyx deeply 6-parted, persistent. Stamens 12, in 4 rows, the inner ones sterile and gland-like. Filaments pubescent, the inner fertile ones biglandular. Anthers 4-celled, those of the two outer rows introrse, of the inner row extrorse. Stigma disk-like. Drupe ovoid. — Trees or shrubs, with evergreen entire petioled leaves, and greenish or white flowers, in axillary pe- duncled clusters or panicles. 1 . P. Carolinensis, Nees. Branchlets smoothish ; leaves oblong or lance- olate-oblong, smooth and deep green above, glaucous beneath, obscurely veined ; flowers silky, in cymose clusters, on peduncles shorter than the petioles ; calyx- lobes unequal, persistent ; drupe blue. (Laurus Carolinensis, L.) — Rich shady woods, Florida to North Carolina. July. — A tree 20° -40° high. Leaves 2'- 3' long. Var. palustris. Shrubby; the branchlets, lower surface of the leaves, and flowers densely tomentose; leaves strongly veined, pale green, varying from oval to lanceolate ; peduncles longer than the petioles. — Ponds and pine-barren swamps. July. — Shrub 4° - 10° high. Leaves 3' -6' long. Flowers larger than the preceding form. 2. P. Catesbyana. Smooth ; leaves lanceolate-oblong, acute or obtuse, reticulate, shining, on short margined petioles ; flowers minute, in narrow axillary panicles which are commonly shorter than the leaves ; calyx white, pubescent within, the nearly equal lobes deciduous ; filaments very short, the innermost 394 LAURACE^E. (LAUREL FAMILY.) bearded at the apex ; drupe black. (Lauras Catesbyana, Michx.} — South Flor- ida. — Shrub 6° - 9° high. Leaves 3' - 5' long. Fruiting pedicels club-shaped. 2. SASSAFRAS, Nees. Involucre none. Flowers diceciously polygamous. Calyx 6-parted, spread- ing. Stamens of the sterile flowers 9, in 3 rows, all fertile, the 3 inner ones biglandular at the base ; those of the fertile flowers 6, sterile : anthei-s linear, 4-celled, 4-valved, introrse. Style subulate : stigma disk-like. Drupes blue, on thick red pedicels. — Trees, with entire or 2-3-lobed deciduous leaves, and greenish flowers in clustered racemes, appearing before the'leaves. 1. S. officinale, Nees. Leaves ovate, entire or 2-3-lobed, smooth or pubescent ; racemes short, silky ; flowers sometimes white. (Laurus Sassafras, L.) — Dry open woods and old fields, Florida, and northward. March. — A small tree, with spicy bark. 3. BENZOIN, Nees. SPICE-BUSH. Involucre 4-leaved. Flowers dioeciously polygamous. Calyx 6-parted. Sta- mens of the sterile flowers 9 (more numerous and rudimentary in the fertile flowers), in 3 rows : filaments slender, the inner ones lobed and glandular at the base : anthers ovate, 2-celled, 2-valved, introrse. Style short. Drupe obovoid, red, the pedicels not thickened. — Shrubs, with entire deciduous leaves, and dull yellow flowers in lateral sessile clusters, appearing before the leaves. 1. B. odoriferum, Nees. Branches slender, smooth ; leaves oblong-obo- vate, acute at the base, paler and pubescent beneath, soon smooth ; clusters numerous, smooth. (Laurus Benzoin, L.) — Banks of streams and low woods, Florida, and northward. Feb. and March. —A shrub 6°- 10° high, with spicy bark. Leaves 3' - 5' long. 2. B. melisssefolium, Nees. Leaves oblong, short-petioled, obtuse or slightly cordate at the base, silky on both sides, as also the branchlets and clusters, at length smooth above ; drupes obovoid. (Laurus melissasfolia, Walt.} — Margins of ponds, West Florida to North Carolina. Feb. and March. —A shrub 2° -3° high. Leaves l'-2' long. 4. TETRANTHERA, Jacq. Involucre 2 - 4-leaved. Flowers dioecious. Calyx 6-parted, deciduous. Sta- mens of the sterile flowers 9, in 3 rows ; those of the fertile flowers numerous and rudimentary : anthers 4-celled, 4-valved, introrse. Stigma peltate. Drupe globose. — Trees or shrubs, with entire leaves, and small flowers in clustered umbels. 1. T. geniculata, Nees. Branchlets smooth, zigzag, spreading; leaves small, oval or oblong, soon smooth, deciduous ; involucre 2 - 4-flowered ; flowers yellow, appearing before the leaves ; drupe red. (Laurus geniculata, Walt.) — Shallow pine-barren ponds, Florida, and northward. Feb. and March. — A THYMELEACE^l. (MEZEBEUM FAMILY.) 395 large shrub, with numerous^preading and forked branches. Leaves somewhat coriaceous, £'- 1' long. 6. CASSYTA, L. Flowers perfect. Calyx 6-cleft, persistent, the exterior lobes minute. Sta- mens 12, in 4 rows, the inner row sterile : anthers 2-cellcd, the inner ones extrorse, the outer introrse. Style very short : stigma disk-like. Fruit enclosed in the fleshy persistent tube of the calyx. — A leafless parasitic plant, with twining filiform stems, and spiked flowers. 1. C. filiformis, Miller. — South Florida. — Spikes 2- 4-flowered. Calyx- lobes thick, triangular, acute. Anthers oval, obtuse. ORDER 112. THYMELEACEJS. (MEZEREUM FAMILY.) Shrubs, with acrid juice, tough bark, simple entire dotless leaves, with- out stipules, and regular perfect flowers, with a tubular or bell-shaped 4 - 5-cleft rarely entire calyx. Stamens commonly twice as many as the calyx-lobes, in 2 rows : anthers 2-celled, opening lengthwise. Style sim- ple : stigma capitate. Drupe with a single suspended anatropous seed, containing little or no albumen. Cotyledons plano-convex. Radicle superior. 1. DIRCA, L. LEATHERWOOD. Calyx bell-shaped, entire, or obscurely 4-toothed. Stamens 8, unequal, ex- serted. Style filiform. Albumen none. — A low branching shrub, with alter- nate petioled oblong or obovate at length smooth and deciduous leaves, and light yellow flowers, from hairy buds, appearing before the leaves. 1. D. palustris, L. — Shady banks of streams, Florida, and northward. Feb. and March. — Shrub 2° -3° high, with pale spreading jointed branches. Leaves 2' long, silky when young. Flowers three in a cluster, on short pedicels. Drupe small, red. ORDER 113. SANTALACE^E. (SANDAL WOOD FAMILY.) Herbs, shrubs, or trees, with simple entire exstipulate leaves. — Calyx tubular, 4 - 5-cleft, valvate in the bud, the tube coherent with the ovary. Stamens 4-5, opposite the lobes, and inserted on the fleshy disk at their base : anthers introrse, opening lengthwise. Ovary 1-celled, with 2-4 anatropous ovules suspended from the apex of the free central placenta. Style single. Fruit 1-seeded. Embryo small, at the apex of copious albumen. Cotyledons cylindrical. Radicle superior. 396 SANTALACEJE. (SANDALWOOD FAMILY.) Synopsis. * Flowers perfect. 1. COMANDRA. Anthers connected with the calyx-lobes by a tuft of hairs. Leaves al- ternate. * * Flowers dioecious. Shrubs. 2. DARBYA. Calyx 4-5-cleft. Anthers connected with the calyx-lobes by a tuft of hairs. Leaves opposite. Flowers umbelled. 3. PYRULARIA. Calyx 5-cleft. Stamens 5. Anthers free. Albumen oily. Leaves alternate. Flowers spiked. 4. BUCKLEYA. Calyx-limb double, each 4-lobed. Stamens 4. Anthers free. Albumen fleshy. Leaves nearly opposite. Flowers terminal. 1. COMANDRA, Nutt. Flowers perfect. Calyx bell-shaped, 5-cleft, the persistent lobes alternating with the lobes of the disk. Stamens 5 : anthers connected with the calyx -lobes by a tuft of hairs. Stigma capitate. Fruit nut-like, 1 -seeded. — Smooth peren- nial herbs, with alternate leaves, and small greenish-white flowers, in axillary and terminal umbel-like peduncled clusters. 1. C. umbellata, Nutt. Stem branching above ; leaves sessile, lanceolate or oblong ; peduncles several, corymbose, 3 - 5-flowered, mostly longer than the leaves ; style slender ; fruiting calyx urn-shaped. (Thesium umbellatum, L.) — Dry soil in the upper districts of Georgia, and northward. April and May. — Stem 8'- 10' high. Leaves % - 1' long. 2. DARBYA, Gray. Flowers dioecious. Sterile flowers top-shaped, 4-5-cleft, the lobes ovate, spreading. Stamens 4-5, inserted into the sinuses of the crenately 4 - 5-lobed disk : filaments short : anthers connected with the calyx-lobes by a tuft of hairs. Fruit 1-celled, 1-seeded. Fertile flowers unknown. — A small shrub, with oppo- site oval membranaceous short-petiole d leaves, and small greenish flowers in axillary peduncled umbels. 1. D. umbellulata, Gray. — Near Milledgeville and Macon, Georgia, Dr. Boykin, Prof. Darby. Lincolnton, North Carolina, Curtis. — Shrub 1° - 1£° high. Leaves 1' long, smooth. Peduncles 3 - 8-flowered, shorter than the leaves. 3. PYRULARIA, Michx. OIL-NUT. Flowers dioecious. Calyx 5-cleft, the lobes recurved. Disk composed of 5 roundish glands. Stamens of the sterile flowers short, alternate with the glands. Fertile flower pear-shaped. Style short and thick : stigma depressed-capitate. Drupe pear-shaped, fleshy. Albumen oily. — A low branching shrub, with al- ternate deciduous leaves, and small greenish flowers in a short terminal spike. 1. P. oleifera, Gray. (Hamiltonia oleifera, Afuhl.) — Shady banks on the mountains, Georgia, and northward. May. — Leaves petioled, obovate-oblong, acute at each end, pubescent, 3' -4' long. Drupe 1' long. SAURURACE^E. (LIZARD's-TAIL FAMILY.) 397 4. BUCKLEYA, Torr. Flowers dioecious. Calyx club-shaped, the limb double, each 4-parted; the exterior lobes linear, leafy, somewhat persistent, the interior triangular-ovate, slightly imbricated in the bud, deciduous. Stamens of the sterile flower 4. Disk of the fertile flower 4-lobed, fleshy. Style short : stigma 4-lobed. Drupe oblong, compressed, furrowed. Embryo slender, in the axis of copious fleshy albumen. — An erect shrub, with straight and slender branches. Leaves scarcely petioled, nearly opposite, distichous, lanceolate, acute, pubescent. Flowers ter- minal, greenish, the sterile ones umbellate, the fertile solitary. 1. B. distichophylla, Torr. — Mountains of North Carolina, Buckley. — Shrub 6° -7° high. Leaves thin, l'-l|' long. Calyx-tube 4" -5" long, scarcely longer than the exterior spreading lobes, much longer than the inner ones. Drupe £' long. ORDER 114. LORANTHACE^E. (MISTLETOE FAMILY.) Parasitical shrubby plants, with evergreen almost veinless leaves, with- out stipules, and perfect or dioecious flowers. — Calyx of 2 - 8 sepals, dis- tinct or united into a tube, valvate in the bud, sometimes wanting. Sta- mens as many as the sepals and opposite them. Ovary 1-celled, commonly with a single suspended ovule. Style simple or none. Fruit berr/-like. Seeds anatropous. Embryo longer than the fleshy albumen. 1. PHORADENDBON, Nutt. MISTLETOE. Flowers dioecious, in short jointed spikes. Calyx of the sterile flower globular, 2 -4-lobed. Anthers sessile at the base of the lobes, transversely 2-celled. Calyx of the fertile flower adnate to the ovary. Stigma sessile. Berry globose, pulpy, 1-seeded. — Evergreen shrubs, growing on the branches of various trees, with brittle jointed stems, thick persistent leaves, and small flowers in axillary 1. P. flavescens, Nutt. (Viscum flavescens, Pursh.) — Florida to Missis- sippi, and northward. April and May. — Plant yellowish, 2° - 3° long. Branches opposite or whorled. Leaves obovate, fleshy. Spikes shorter than the leaves. Berry white, glutinous. ORDER 115. SAURURACE^. (LIZARD'S-TAIL FAMILY.) Perennial marsh herbs, with jointed stems, alternate entire leaves, with sheathing stipules, and perfect flowers in bracted spikes or racemes. — Calyx and corolla none. Stamens few or many, hypogynous : anthers introrse, opening lengthwise. Ovaries 3-5, more or less united. Ovules few, orthotropous, ascending. Embryo minute, cordate, contained in a cavity at the apex of the albumen. Fruit follicular, 1 - few-seeded. 34 398 CALLITRICHACE^E. ( WATER-STARWORT FAMILY.) 1. SAUKUBUS, L LIZARD'S-TAIL. Stamens 4-8, with long club-shaped filaments. Fruit somewhat fleshy, com- posed of 3 - 4 partly united 1 - 2-seeded carpels, pointed with as many stigmas. — Flowers white. 1. S. cermiUS, L. Stem erect, branching; leaves petioled, cordate-ovate, or oblong-ovate, acuminate ; spikes white, terminal, nodding at the apex ; flow- ers numerous, each from the axil of a small bract. — Marshes and muddy banks, Florida, and northward. May -Aug. — > Rhizoma creeping. Stem 1°- 2° high. Spikes 4' -6' long. ORDER 116. CERATOPHYL-LACE^E. (HORNWORT FAMILY.) Submerged aquatic herbs, with filiform jointed and branching stems, finely dissected whorled leaves, and small axillary monoecious flowers, destitute of floral envelopes, but surrounded by an involucre of 8-12 linear leaves. Anthers 12-24, oblong, 2-3-toothed, sessile. Ovary solitary, simple, with a single suspended orthotropous ovule. Achenium compressed, pointed with the slender persistent style. Albumen none. Cotyledons 4. Plumule conspicuous. — Consisting of the single genus 1. CERATOPHYLLUM, L. HORNWORT. 1. C. demersum, L. Leaves rigid, 6 - 9 in a whorl, once or twice forking, with the lobes spiny-toothed ; achenium oval, compressed, tubercular-roughened on the sides, and armed near the base with 2 lateral widely-spreading slender spines. — In still water, Florida, and northward. Sept. and Oct. — Stems 1°- 4° long. Leaves near the end of the branches much crowded. 2. C. echinatum, Gray ? Leaves weak, 9-12 in a whorl, 3-4 times forking, the ultimate segments bristly -toothed ; ovaries warty, unarmed ; ache- nium oblong, tubercular-roughened on the sides, the edges margined and armed with 5-7 strong and spreading spines. — Shallow ponds, on St. Vincent's Isl- and, West Florida. May. — Stems 6' - 12' long. 3. C. SUbmersum, L. Leaves hair-like, 3-4 times forking, bristly- toothed ; achenium oblong, slightly compressed, tubercular-roughened, with' rounded margins, unarmed. — South Florida, Dr. Blodgett. — Stems 6' - 12' long. ORDER 117. CALLJTRICHACEJE. (WATER-STARWORT FAMILY.) Small aquatic annuals, with opposite entire leaves, and solitary axillary polygamous flowers without floral envelopes. Stamen mostly solitary, 2- bracted in the sterile flower. Filament slender : anther reniform, the PODOSTEMACE^E. (RIVER-WEED FAMILY.) 399 cells confluent. Styles 2, slender: stigmas acute. Capsule 4-angled, 4- celled, with a single suspended anatropous 'seed in each cell, indehiscent. Embryo straight, in copious fleshy albumen. Radicle long, superior. — Consisting of the single genus 1. CALLITRICHE, L. WATER-STAEWORT. 1. C. verna, L. Floating leaves spatulate or obovate, crowded, the lower ones distant, linear; fruit nearly sessile, 2-bracted, keeled on the back. (C. heterophylla, Ell.} — Var. TERRESTRIS. Smaller (2' -3' long); stems much branched/creeping on damp earth ; leaves (l"-2"long) all linear. — Ditches and shallow water, Florida, and northward. March and April. — Stems several, 6'- 12' long. • Leaves £' long. ORDER 118. PODOSTEMACE-3S. (EIVER-WEED FAMILY.) Moss-like aquatic plants, with minute flowers, from a spathe-like in- volucre, and destitute of floral envelopes. — Stamens 5-12: anthers 2-celled. Capsule 2 - 3-celled, and pointed by as many persistent styles. Seeds numerous, on a thick central placenta, destitute of albumen. 1. PODOSTEMON, Michx. RIVER-WEED. Spathe 2-leaved. Flowers pedicelled. Filaments elongated, borne on one side of the stalk of the ovary, united below, and bearing only a single anther. Styles 2, simple. Capsule ribbed, 2-celled, 2-valved. Seeds imbricated. — Submerged aquatic plants, attached to rocks and pebbles by disk-like expan- sions of the stem. Leaves 2-ranked, divided into filiform segments. 1 . P. ceratophyllum, Michx. Leaves rigid, sparingly divided, sheath- ing at the base ; flowers solitary, on slender pedicels ; capsule oval, 8-ribbed. — Rocky places in rivers, Georgia, and northward. July. — Plant olive-green, l'-4' long. 2. P. abrotanoides, Nutt. Leaves much divided, with hair-like seg- ments; flowers 2-3 together, on short pedicels; capsule oblong, 10-ribbed. — Gravelly places in the Chattahodchee River, Nuttall — Plant larger than the last ORDER 119. EUPHORBIACE^. (SPURGE FAMILY.) Plants commonly with acrid milky juice, and monoecious or dioecious often petalous flowers. — Calyx 2 — 8-lobed, mostly valvate in the bud, sometimes wanting. Stigmas 2 -several, simple or divided. Fruit of 2 - several (mostly 3) 1 - 2-seeded carpels united around a central axis, sep- arating at maturity, rarely 1-celled or indehiscent. Seeds suspended, anatropous. Embryo in fleshy albumen. Cotyledons flat. 400 EUPHORBIACE^E. (SPURGE FAMILY.) Synopsis. § 1. Ovules and seeds solitary in the cells. Flowers monoecious. * Flowers without floral envelopes, enclosed in a common cup-shaped involucre. 1. EUPHORBIA. Fertile flower solitary in the 4 - 5-toothed involucre. Sterile flowers sev- eral, each reduced to a single stamen. * * Flowers in bracted spikes or racemes ; the upper ones sterile, the lowest fertile. •t- Flowers apetalous. •H- Stigmas and cells of the capsule 6-7. 2. HIPPOMANE. Carpels woody, indehiscent. Spikes terminal. Staminate flowers clus- tered. . •H- -M- Stigmas and cells of the dehiscent capsule 3. 3. STILLTNGIA. Calyx 2 - 3-toothed. Anthers erect. Staminate flowers clustered. 4. EXC(ECARIA. Calyx 3-parted. Anthers pendulous. Staminate flowers single. 5. ACALYPHA. Stigmas many-parted. Flowers spiked. Bracts of the pistillate flowers leafy, toothed. 6. TRAQIA. Stigmas 3, simple. Flowers racemed. Bracts small, entire. H- •»- Staminate flowers (except No. 1 in Croton), or the pistillate also furnished with petals. 7. CROTON. Pistillate flowers apetalous, or with minute petals. Stamens 6 or more, distinct. 8. CROTONOPSIS. Pistillate flowers apetalous. Capsule 1-celled. Stamens 5, distinct. 9. APIIORA. Pistillate and Staminate flowers 5-petalled. Capsule 3-celled. Stamens 10, monadelphous. * * * Flowers cymose or panicled, apetalous. 10. CNIDOSCOLUS. Flowers cymose. Calyx white, corolla-like. 11. RICINUS. Flowers in crowded panicles. Calyx herbaceous. J 2. Ovules, and commonly the seeds, 2 in the cells. * Flowers monoecious, apetalous. Ovary 3-celled. Herbs. 12. PHYLLANTHDS. Flowers axillary. Calyx 5 - 6-parted. Stamens 3, monadelphous. 13. PACHYSANDRA. Flowers spiked. Calyx 4-parted. Stamens 4, distinct. * * Flowers dioecious, apetalous. Ovary 2-celled. Shrubs. 14. DRYPETES. Flowers in axillary clusters. Fruit drupaceous, 1-celled, 1-seeded. 1. EUPHORBIA, L. SPURGE. Flowers monoecious, destitute of calyx and corolla ; the single pistillate, and several monandrous staminate ones included in a cup-shaped or top-shaped 4-5- toothed involucre, which has commonly thick and often colored glands between the teeth. Styles 3, 2-cleft. Capsule exserted, 3-celled : carpels 2-valved, 1-seeded. — A polymorphous genus of plants with acrid milky juice. § 1 . Leaves without stipules. * Stem erect, umbellately branched above : involucres solitary, terminal and in the forks of the branches: leaves of the stem alternate, those oj the branches opposite or whorled. •«- Glands of the involucre 5, with white petal-like appendages : leaves entire : peren- nials. 1. E. corollata, L. Stem smooth or pubescent; branches 4 -6, twice or thrice forking, mostly short and fastigiate ; leaves thick, oblong or oval, obtuse, pale and mostly hairy beneath ; involucres pedicelled ; appendages of the (green) EUPHORBIACE^E. (SPURGE FAMILY.) 401 glands orbicular, showy; capsule and seed smooth. (E. paniculata, Ell.) — Va/. ANGUSTIFOLIA, Ell. Stems slender ; branches mostly 3, forking, elongated, spreading ; leaves varying from linear to obovate ; involucres small, scattered ; appendages of the glands transversely oblong. — Dry rich soil, Florida to Mis- sissippi, and northward ; the var. in sandy pine barrens. July - Sept. — Stem l°-2°high. 2. E. discoidalis, n. sp. Smooth or pubescent ; branches commonly 2, divaricate, forking ; leaves linear, obtuse, with the margins revolute ; involucres on slender pedicels ; glands deep red, bordered by the narrow appendages ; seeds obova to, pale, minutely pitted. — Dry sandy pine barrens near the coast, West Florida. Aug. -Oct. Plant 6' -18' high; the stem much shorter than the branches. Leaves 2' -3' long, 1"- 2" wide. Involucres scattered. 3. E. Curtisii, Engelm. Smooth ; stems filiform ; branches mostly 3, erect, sparingly divided ; leaves thin, linear or linear-oblong, obtuse, short-peti- oled, spreading or recurved ; involucres minute, scattered, on long capillary pedicels ; glands green, margined by the white crenate appendages ; capsule erect, short-stalked, round-angled; seed globose, smooth. — Low pine barrens, Florida to North Carolina. Aug. — Plant 6' - 9' high, sometimes branching from the base. Leaves £' - 1 £' long. •t- •<- Glands of the involucre 5, without appendages. *+ Annuals. 4. E. COmmutata, Engelm. Smooth ; stems erect or ascending, umbel- lately or alternately branched ; leaves thin, obovate, entire, the lower ones peti- oled, those of the branches round-kidney-shaped, sessile ; involucres nearly sessile, shorter than the floral leaves ; glands crescent-shaped or 2-horned ; cap- sule smooth, round-angled ; seeds ovoid, pitted. — Dry soil, Aspalaga, Florida, and probably elsewhere, previously confounded with E. Peplus, L., which has a wing-crested capsule. — Stem 6' -12' high. Leaves £'-!' long. Plant pale green. 5. E. obtusata, Pursh. Smooth ; stem erect ; branches 3 - 5 ; leaves sessile, serrulate, obtuse ; those of the stem wedge-oblong, of the branches ovate ; involucre nearly sessile; glands oval; capsule round-angled, warty; seeds smooth. (E. Helioscopia, Ell.?) — Shady woods, South Carolina, and north- ward. July - Sept. — Stem 1° high. Leaves 1' long. *•* *+ Perennials. 6. E. Darlingtonii, Gray. Stem tall; branches 5-8, forking; leaves entire, slightly pubescent beneath ; those of the stem oblong, of the branches oval or roundish, obtuse, truncate at the base ; involucres nearly sessile ; glands obliquely oval ; capsule obscurely warty ; seeds smooth. — Mountains of North Carolina, and northward. July. — Stem 2° - 4° high. 7. E. Floridana, n. sp. Smooth; stem erect; branches 3-4, forking; leaves entire, sessile ; those of the stem linear or linear-lanceolate, mostly acute, reflexed ; of the branches cordate-ovate, clasping, acute ; involucres short-pedi- cellcd, green, with the ovate lobes nearly entire, much shorter than the truncate crenate stalked glands ; capsule acute-angled, and, like the seeds, smooth. — Dry 34* 402 EUPHORBIACEJE. (SPURGE FAMILY.) pine barrens, Middle Florida. June -Aug. — Stem l°-2° high. Branches of the more sterile plants successively forking and widely spreading. Leaves l'-2' long. 8. E. inundata, Torr. Smooth; stem erect, 3-branchcd or alternately branched from near the base, few-flowered ; leaves erect, lanceolate, entire, acute, sessile ; those of the branches oblong-ovate, clasping ; involucre long-peduncledj reddish, the pubescent lobes 3-toothed ; glands orbicular, peltate, entire ; capsules acute-angled, smooth, like the globose seed. — Pine-barren swamps, Florida. April-June. — Stems 6' -12' high, from a thick woody root. Leaves 2' -3' long. 9. E. telephioides, n. sp. Smooth and somewhat fleshy ; stem thick ; branches 3, short, forking ; leaves of the stem large, oblong-obovate, obtuse, erect, with membranaceous margins ; those of the branches small, ovate, clasp- ing ; involucre purple, slender-stalked, the lobes ovate, entire, ciliate, incurved ; glands peltate, roundish, entire ; capsule acute-angled, smooth ; seeds smooth. — Low sandy pine barrens near the coast, West Florida. May and June. — Plant light-green, 2' - 5' high. Stem-leaves 2' - 3' long, often longer than the branches. Floral leaves 4" - 6" long. * * Stem erect, successively forking : leaves commonly opposite : involucres in the forks dark purple : glands 5, without appendages : perennials. 10. E. Ipecacuanhas, L. Stems several from a long perpendicular root, slender, commonly forking from near the base ; leaves of the stem and branches similar, opposite, or the lowest rarely alternate, entire, obtuse, varying from lin- ear to round-obovate, short-petioled ; peduncles slender, mostly longer than the leaves ; involucre small ; capsule slender-stalked, nodding, round-angled ; seeds minutely pitted. — Dry sandy soil, Florida to Mississippi, and northward. May and June. — Stem 2' - 12' high. Leaves £' - 1' long. 11. E. nudicaulis, n. sp. Smooth; stems slender, forking above ; leaves minute (J" long), oval or obovate, the lowest alternate, those of the branches opposite ; involucres minute, on short peduncles ; glands top-shaped. — Low pine barrens, near St. Joseph's, "West Florida. June. — Stems 1° high. Capsule and seeds unknown. * * * Branches and leaves alternate : involucres terminal, clustered or single : glands without appendages. 12. E. cyathoph.ora, Jacq. Annual, smooth ; stem erect, branching from the base ; branches elongated, leafy at the summit ; leaves petioled, oblong, fid- dle-shaped, toothed or entire, the uppermost deep red at the base ; involucres .clustered, short-stalked, with 5 incised lobes and a single gland ; capsule smooth ; seeds globose, warty. — Var. graminifolia (E. graminifolia, Michx.) has the leaves all linear and entire. — South Florida, and around dwellings, apparently intro- duced. May - Oct. — Stem 1° - 2° high. Leaves 2' long. 13. E. trichotomy, H.B. K. Shrubby; stem irregularly much branched, very leafy ; leaves small, imbricated, oblong-obovate, acute, obscurely crenate, sessile ; involucre solitary, top-shaped, sessile ; glands 5, peltate ; capsule smooth, short-stalked. — South Florida. — Stem low. Leaves 3" - 4" long. EUPHORBIACE^:. (SPURGE FAMILY.) 403 § 2. Leaves stipulate^ all opposite ; glands of the involucre 4 : annuals. * Stems erect or ascending : seeds 4^-angled, transversely rugose. 14. E. hypericifolia, L. Smooth throughout; stem ( £°-l° high) erect; branches alternate, 2-ranked ; leaves (£'-!' long) petiolcd, lanceolate-oblong, oblique and obtuse or acute at the base, equally serrulate on both margins ; stipules reflexed ; involucres in dense lateral long-peduncled cymose clusters ; appendages of the glands white, kidney-shaped ; capsules rather acutely angled, smooth; seed minute, reddish. — South Florida. — rVar. COMMTJNIS, Engelm. Stem often pubescent, ascending (l°-l£° high); oblong or lanceolate, obtuse or cordate at the base, often blotched with red, sharply serrate on the lower margin, entire below the middle on the upper ; clusters terminal ; appendages of the glands rounded, entire ; capsule round-angled, smooth ; seeds larger, nearly black. — Cultivated grounds, Florida, and northward. Aug. and Sept. 15. E. pubentissima, Michx. "Perennial, erect, very pubescent; stem somewhat dichotomous; leaves opposite, sessile, oval, slightly cordate, obtuse; peduncles solitary ; interior segments of the involucre (glands) white." Mi- chaux. — "Pine barrens in the middle districts of Georgia and Carolina. — Leaves nearly 1' long. Flowers in the forks ; peduncles nearly as long as the leaf." Elliott. ( * ) 16. E. glabella, Swartz ? Stem stout, smooth, ascending, alternately branching or forking from the base, purple ; leaves very numerous, somewhat fleshy, nearly sessile, oblong-ovate, cordate, acute, entire, with the margins invo- lute, the uppermost crowded ; involucres in dense terminal clusters ; glands pel- tate, orbicular, bordered by a white appendage ; capsule smooth, acute-angled ; seed bluish, faintly rugose. — Sandy sea-shore, South Florida. — Stem 1° high. Leaves 3" - 5" long. Stipules fringed. 17. E. pilulifera, L. Pubescent; stem erect, forking from the base; leaves short-petioled, oblong-ovate, oblique, acute at each end, serrate ; invo- lucres minute, in dense terminal short-stalked clusters ; glands without appen- dages ; capsule acute-angled, hairy ; seeds faintly rugose. — South Florida. — Stem 4'- 6' high. Leaves 5"- 8" long. * * Stems prostrate, diffuse : leaves small : involucres small and mostly crowded near the summit of the branches. 18. E. maculata, L. Pubescent; leaves oblong, serrate, oblique at the base, petioled, often blotched with purple ; stipules 2-parted ; capsule acute- angled, hairy ; appendages of the glands transversely oblong, white ; seed 4- angled, smooth, faintly wrinkled or pitted on the concave sides. (E. depressa, Torr.) — Cultivated ground and waste places, very common. June -Oct. — Stems 6' - 1 2' long. Leaves 3" - 4" long. 19. E. insequilatera, Sender. Smooth; leaves oval or obovate, oblique and acute or obtuse at the base, obscurely serrulate, petioled ; stipules ovate, entire or sparingly short-fringed ; appendages of the glands white, transversely oblong ; capsule smooth, acute-angled ; seed 4-angled, granular-roughened and faintly wrinkled on the sides. — South Florida. May -Oct. — Stems 6' -12' long. Leaves 2" - 5" long. 404 EUPHORBIACE^. (SPURGE FAMILY.) 20. E. cordifolia, Ell. Smooth ; leaves petioled, oval or roundish, entire, obtuse, cordate or truncate and oblique at the base ; stipules slender, deeply parted into long capillary segments ; appendages of the glands conspicuous, oblong or roundish, white ; capsule smooth, acute-angled ; seed 4-angled, smooth and even. — Sandy pine barrens, Florida to South Carolina, and westward. — July - Sept. — Stems 6' - 1 8' long. Leaves 4" - 6" long, pale green. 21. E. polygonifolia, L. Smooth and somewhat fleshy ; leaves oblong or linear-oblong, entire, oblique, obtuse or slightly cordate at the base, petioled ; stipules by pairs, 2 - 3-parted ; glands of the involucre slightly margined by the narrow appendages, rather shorter than the subulate obtuse lobes ; capsule smooth, acute-angled ; seed large, obovate, not angled, smooth and even. — Drifting sands along the coast, Florida, and northward. July -Oct. — Stems 4'- 12' long. Leaves £' long. Involucres densely bearded within. Seed whitish. 2. HIPPOMANE, L. Flowers monoecious, apetalous, in thick cylindrical spikes. Sterile flowers clustered in the axil of a broad entire bract. Calyx top-shaped, 2-lobed. Sta- mens 2, exserted : anther-cells separate. Fertile flower solitary at the base of the spike. Calyx 3-parted, many-bracted. Ovary sessile, 6-7-celled. Style short and thick : stigmas 6-7, acute, spreading. Fruit fleshy, of few woody 1-seeded indehiscent carpels. — A small tree, with milky poisonous juice, and short and thick branches. Leaves alternate, stipulate, petioled, ovate, serrulate, acute or acuminate, smooth, approximate at the summit of the branches. Peti- oles biglandular at the apex. Spikes greenish. 1. H. Mancinella, L. — South Florida. — Branches roughened with the scars of the deciduous leaves. Leaves l'-2' long. Spikes 2' long, terminal, solitary. Clusters of flowers with a gland-like bract on each side. Fruit re- sembles an apple. 3. STILLINGIA, Gard. Flowers monoecious, apetalous, spiked. Sterile flowers clustered, cup-shaped, 2-4-toothed or crenate. Stamens 2 - 3, exserted : anthers erect. Fertile flow- ers few at the base of the spike. Calyx 3-lobed. Style short : stigmas 3, entire, spreading. Capsule roundish, of three 1-celled 1-seeded 2-valved carpels. — Smooth herbs, shrubs, or trees, with milky juice. Leaves alternate, stipulate. Bracts with a fleshy gland on each side. 1. S. sylvatica, L. (QUEEN'S DELIGHT) Herbaceous ; stems clustered, erect or ascending from a thick woody root, umbellately branched : leaves some- what crowded, nearly sessile, thickish, varying from linear-lanceolate to obovate, obtuse or acute, crenate-serrulate ; spikes yellowish, terminal, and in the forks of the stem, longer than the leaves ; glands cup-shaped ; stamens 2 ; capsule roughish ; seed globose. — Light dry soil, Florida to North Carolina, and west- ward. April - Sept. — Stems 1° - 3° high. Leaves 1 ' - 2' long. Spikes 2' - 3' long. EUPHORBIACE^E. (SPURGE FAMILY.) 405 2. S. aquatica, n. sp. Shrubby ; stem single, erect from a fibrous spongy root, umbellately or alternately branched above, thickened near the base ; leaves lanceolate, mostly acute, tapering at each end, short-petioled, sharply serrulate, the uppermost yellowish ; stipules bristly ; spikes mostly shorter than the leaves, terminal and in the forks of the stem ; glands peltate ; stamens 2 ; capsule smooth; seeds globose, pitted, silvery -coated. — Pine-barren ponds, Florida to South Carolina. May - Sept. — Stem 3° - 6° high. Leaves 2' - 4' long. 3. S. ligustrina, Michx. Shrubby ; branches alternate, slender ; leaves petioled, ovate-lanceolate or oblong-ovate, mostly obtuse, narrowed at the base, entire ; stipules ovate ; spikes short, often by pairs, shorter than the leaves, lat- eral and terminal ; stamens 3 ; capsule and oval seed smooth. — River-swamps, Florida to North Carolina, and westward. May -Aug. — Shrub 6°- 12° high. Branches spreading. Leaves l'-3' long. 4. S. sebifera, Michx. Arborescent; leaves long-petioled, rhomboidal, acuminate, entire ; spikes terminal, densely flowered ; sterile flowers pedicelled ; calyx 4-toothed ; stamens 2 ; capsule roughish ; seeds white. — Georgia and South Carolina, near the coast ; introduced from China. June and July. — A tree 20° - 40° high. 4. EXCCECABIA, L. Flowers monoecious or dioscious, apetalous. Sterile flowers in cylindrical spikes, sessile. Calyx 3-parted. Stamens 2-4, partly monadelphous : anthers pendulous. Fertile flowers few or solitary at the base of the sterile spike, sessile or peduncled. Calyx 3-sepalous ; style 3-parted : stigmas entire, spreading. Capsule of three 1-celled, 1 -seeded, 2-valved carpels. — Shrubs or trees, with milky juice, and alternate serrate or crenate leaves. 1. E. lucida, Swartz. Smooth; leaves coriaceous, petioled, obovate or oblong, obtuse or emarginate, crenate ; fertile flowers solitary or by pairs, long- peduncled, nodding ; capsule round-angled, smooth, like the ovoid seed. — South Florida. — - Tree 30° - 40° high. Leaves 1 ' - 1£' long. 5. ACALYPHA, L. Flowers monoecious, apetalous, in axillary and terminal spikes. Staminate flowers clustered, minutely bracted. Calyx 4-parted. Stamens 8-16, with the filaments united at the base ; anthers pendulous. Pistillate flowers at the base of the staminate ones, or on separate spikes, surrounded by a leafy toothed bract. Calyx 3-parted. Styles 3, many-cleft. Capsule roundish, of three 1-celled, 1-seeded, 2-valved carpels. — Herbs, with watery juice, and alternate serrate leaves. * Staminate and pistillate flowers on the same spike. 1. A. Virginica, L. Annual, smoothish or hairy; stem erect, branched ; leaves thin, long-petioled, rhombic-ovate or oblong-ovate, acute, coarsely sen-ate above the middle ; staminate spikes few-flowered, mostly shorter than the large 5 - 9-lobed bracts, with 1-3 pistillate flowers at the base ; capsule pubescent. — 406 EUPHORBIACE^E. (.SPURGE FAMILY.) Fields and around dwellings, Florida, and northward. July - Sept. — Stem 1° - 2° high. Leaves, with the petiole, 4' - 5' long. 2. A. gracilens, Gray. Annual, downy ; stem slender, erect or ascend- ing; leaves short-petioled, lanceolate, obscurely serrate or entire; staminate spikes mostly many-flowered and longer than the ovate-sen-ate or toothed bracts, with 1 - 3 pistillate flowers at the base ; capsule hairy. — Sterile soil, Florida, and northward. July - Sept. — Stem 6'- 18' high. Leaves !'-!£' long. 3. A. COrchorifolia, Willd. Perennial ; stems several from a thick and woody root, prostrate, pubescent, simple or sparingly branched ; leaves short- petioled, ovate and oblong, obtuse, crenate, hairy ; pistillate flowers numerous, crowded at the base of the slender staminate spike, each surrounded by a round-ovate hairy toothed bract ; capsule bristly; seed ovoid, smooth. — South Florida. — Stems 4' -6' long. Leaves rigid, 6" -8" long. Spikes mostly terminal. * * Staminate and pistillate flowers on separate spikes. 4. A. Caroliniana, Walt. Annual ; stem erect, much branched, pubes- cent ; leaves thin, smooth, cordate-ovate, sharply serrate, long-pe^ioled ; stami- nate spike lateral, small, the minute white flowers pedicelled ; pistillate spike terminal, stout, many-flowered ; bracts cut into several subulate lobes ; capsule bristly ; seeds silvery, pitted. — Cultivated ground, Florida to Mississippi, and northward. July - Sept. — Stem 1 ° - 2° high. Leaves 2' - 3' long. 6. TBAGIA, Plum. Flowers monoecious, apetalous, in slender racemes. Sterile flowers few or numerous, caducous. Calyx 3-4-parted. Stamens 2-4, with short and sepa- rate filaments. Fertile flowers few or solitary at the base of the raceme. Calyx 5 - 8-parted. Style 3-cleft : stigmas entire. Capsule bristly, of three globose 1 -celled, 1 -seeded, 2-valved carpels. — Pubescent or bristly herbs, with watery juice. Leaves alternate. Kacemes opposite the leaves and terminal. Bracts small, entire, persistent. Flowers minute, greenish. 1. T. urens, L. Low, downy or hairy; stem at length much branched; leaves nearly sessile, varying from broadly ovate or oblong-ovate, and serrate or toothed throughout, or only at the apex, to linear and entire, obtuse, paler be- neath ; racemes shorter than the leaves and few-flowered, or elongated and many-flowered. (T. linearifolia, EIL, the narrow-leaved form.) — Dry sandy soil, Florida, and northward. May -Aug. 1J. — Stem 6'- 12' high. Leaves 1'- 2' long. 2. T. urticifolia, Michx. Bristly, with stinging hairs ; stem erect, spar- ingly branched ; leaves petioled, deltoid-ovate or oblong, coarsely serrate, trun- cate or cordate at the broad base, pale beneath , racemes shorter than the leaves, the sterile flowers somewhat crowded; capsule very bristly. — Dry soil, Florida to North Carolina, and westward. June -Sept. 1J. — Stems l°-2° high. Leaves 1 ' - 2' long. EUPHORBIACE^l. (SPURGE FAMILY.) 407 7. CBOTON, L. Flowers monoecious, in spikes or racemes. Calyx of the sterile flowers 4-6- cleft or 4 - 6-parted. Petals 4-6 (wanting in No. 1 ). Stamens 5 - 20, distinct : anthers erect, introrse. Glands as many as the calyx-lobes and opposite them. Fertile flowers at the base of the sterile spike. Calyx 5 - 8-cleft or 5 - 8-parted. Petals minute or wanting. Styles 2-3, once - thrice 2-cleft. Capsule of 3 (rarely 1-2) 1-celled, l-seeded, 2-valved carpels. Glands as many as the calyx- lobes or none. — Herbs or shrubs, with watery juice, stellate pubescence, and alternate petioled leaves. Flowers terminal, and at the divisions of the stem. ' * Styles very short: stigmas 18-20: petals none: stamens mostly 12: capsule 3-celled. 1. C. rnaritimum, Walt Herbaceous ; whole plant covered with a rough scurfy stellate and somewhat hoary pubescence ; stem stout, bushy, umbellately branched ; leaves thick, long- petioled, ovate, obtuse, entire, rounded or slightly cordate at the base, hoary beneath ; spikes long-peduncled, capitate, few-flowered, the sterile and fertile ones mostly separate; calyx 5-cleft, with ovate-obtuse lobes ; capsule much longer than the calyx ; seeds ovoid, mottled. — Drifting sands along the coast, Florida to North Carolina. July - Oct. — Stem 2° - 3° high. Leaves 2' - 3' long. Flowers occasionally polygamous. * * Styles 3, twice 2-parted or 2-cleft : stigmas 12 : petals of the sterile flowers 5-6, of the fertile none: stamens 8 - 15 : capsule 3-celled, 2. C. balsamiferum, Willd. Shrubby ; stem smooth, whitish ; branches stellate-pubescent, roughish; leaves slender-petioled, ovate, acute, crenulate, sprinkled with rigid stellate hairs, hoary when young ; spikes woolly, at length elongated ; sterile flowers numerous, the fertile ones few ; calyx of the sterile flower 5-parted, longer than the woolly-margined petals ; style twice 2-parted ; the divisions long, filiform ; stamens about 15 ; capsule much longer than the calyx; seed ovoid, smooth. — South Florida. — Shrub l°-2° high. Leaves thin, !'-!£' long. 3. C. ElliOttii. Annual, stellate-tomentose throughout; stem slender, erect, umbellately much branched ; leaves short-petioled, lanceolate or oblong, entire, obtuse at each end, green above, pale beneath, the lowest scattered, the others mostly crowded at the divisions of the stem and summit of the branches ; sterile flowers few, minute ; calyx 5-parted, unequal, longer than the petals ; stamens 8 - 10 ; fertile flowers several, clustered ; calyx 5 - 8-parted, with oblong obtuse lobes, as long as the capsule ; style twice 2-parted : seeds oval, smooth, flattened on the inner face. ( C. ellipticum, Ell.} — Pine barrens, Florida to South Carolina. July - Sept. — Stem 2° - 3° high. Leaves 1 £' - 2' long. 4. C. argyranthemum, Michx. Herbaceous, perennial, covered through- out with stellate silvery scales ; stem erect, umbellately branched ; leaves obo- vate or oblong, obtuse, entire, silvery beneath, narrowed into a petiole ; racemes sessile, oblong, obtuse; the fertile flowers numerous and crowded; calyx 5-6- parted, with the lobes acute; stamens 10-12, hairy; styles long and slender, 4-cleft at the apex ; capsule much longer than the calyx. — Dry sandy pine 406 EUPHORBIACEJE. (SPURGE FAMILY.) Fields and around dwellings, Florida, and northward. July - Sept. — Stem 1° - 2° high. Leaves, with the petiole, 4' - 5' long. 2. A. gracilens, Gray. Annual, downy ; stem slender, erect or ascend- ing; leaves short-petioled, lanceolate, obscurely serrate or entire; staminate spikes mostly many-flowered and longer than the ovate-serrate or toothed bracts, with 1 -* 3 pistillate flowers at the base ; capsule hairy. — Sterile soil, Florida, and northward. July - Sept. — Stem 6' -18' high. Leaves I'-l^' long. 3. A. corchorifolia, Willd. Perennial ; stems several from a thick and woody root, prostrate, pubescent, simple or sparingly branched ; leaves short- petioled, ovate and oblong, obtuse, crenate, hairy ; pistillate flowers numerous, crowded at the base of the slender staminate spike, each surrounded by a round-ovate hairy toothed bract ; capsule bristly; seed ovoid, smooth. — South Florida. — Stems 4' -6' long. Leaves rigid, 6" -8" long. Spikes mostly terminal. * * Staminate and pistillate flowers on separate spikes. 4. A. Caroliniana, "Walt. Annual ; stem erect, much branched, pubes- cent ; leaves thin, smooth, cordate-ovate, sharply serrate, long-pe±ioled ; stami- nate spike lateral, small, the minute white flowers pedicelled ; pistillate spike terminal, stout, many-flowered ; bracts cut into several subulate lobes ; capsule bristly ; seeds silvery, pitted. — Cultivated ground, Florida to Mississippi, and northward. July - Sept. — Stem 1 ° - 2° high. Leaves 2' - 3' long. 6. TRAGIA, Plum. Flowers monoecious, apetalous, in slender racemes. Sterile flowers few or numerous, caducous. Calyx 3 - 4-parted. Stamens 2-4, with short and sepa- rate filaments. Fertile flowers few or solitary at the base of the raceme. Calyx 5 - 8-parted. Style 3-cleft : stigmas entire. Capsule bristly, of three globose 1-celled, 1-seeded, 2-valved carpels. — Pubescent or bristly herbs, with watery juice. Leaves alternate. Kacemes opposite the leaves and terminal. Bracts small, entire, persistent. Flowers minute, greenish. 1. T. urens, L. Low, downy or hairy; stem at length much branched; leaves nearly sessile, varying from broadly ovate or oblong-ovate, and serrate or toothed throughout, or only at the apex, to linear and entire, obtuse, paler be- neath ; racemes shorter than the leaves and few-flowered, or elongated and many-flowered. (T. linearifolia, Ell., the narrow-leaved form.) — Dry sandy soil, Florida, and northward. May -Aug. 1J. — Stem 6'- 12' high. Leaves 1'- 2' long. 2. T. urticifolia, Michx. Bristly, with stinging hairs ; stem erect, spar- ingly branched ; leaves petioled, deltoid-ovate or oblong, coarsely serrate, trun- cate or cordate at the broad base, pale beneath , racemes shorter than the leaves, the sterile flowers somewhat crowded ; capsule very bristly. — Dry soil, Florida to North Carolina, and westward. June -Sept. U— Stems l°-2° high. Leaves 1'- 2' long. EUPHORBIACK-E. (SPURGE FAMILY.) 407 7. CROTON, L. Flowers monoecious, in spikes or racemes. Calyx of the sterile flowers 4-6- cleft or 4 - 6-parted. Petals 4-6 (wanting in No. 1 ). Stamens 5 - 20, distinct : anthers erect, introrse. Glands as many as the calyx-lobes and opposite them. Fertile flowers at the base of the sterile spike. Calyx 5 - 8-cleft or 5 - 8-parted. Petals minute or wanting. Styles 2-3, once - thrice 2-cleft. Capsule of 3 (rarely 1-2) 1 -celled, I -seeded, 2-valved carpels. Glands as many as the calyx- lobes or none. — Herbs or shrubs, with watery juice, stellate pubescence, and alternate petioled leaves. Flowers terminal, and at the divisions of the stem. ' * Styles very short: stigmas 18-20: petals none: stamens mostly 12 : capsule ^-celled, 1. C. maritimum, Walt Herbaceous ; whole plant covered with a rough scurfy stellate and somewhat hoary pubescence ; stem stout, bushy, umbellately branched ; leaves thick, long- petioled, ovate, obtuse, entire, rounded or slightly cordate at the base, hoary beneath ; spikes long-peduncled, capitate, few-flowered, the sterile and fertile ones mostly separate; calyx 5-cleft, with ovate-obtuse lobes ; capsule much longer than the calyx ; seeds ovoid, mottled. — Drifting sands along the coast, Florida to North Carolina. July-Oct — Stem 2° -3° high. Leaves 2' - 3' long. Flowers occasionally polygamous. * * Styles 3, twice ^-parted or 2-deft: stigmas 12 : petals oj*the sterile flowers 5-6, of the fertile none: stamens 8 - 15 : capsule 3-celled. 2. C. balsamif er um, Willd. Shrubby ; stem smooth, whitish ; branches stellate-pubescent, roughish; leaves slender-petioled, ovate, acute, crenulate, sprinkled with rigid stellate hairs, hoary when young ; spikes woolly, at length elongated ; sterile flowers numerous, the fertile ones few ; calyx of the sterile flower 5-parted, longer than the woolly-margined petals ; style twice 2-parted ; the divisions long, filiform ; stamens about 15 ; capsule much longer than the calyx; seed ovoid, smooth. — South Florida. — Shrub l°-2° high. Leaves thin, !'-!£' long. 3. C. Elliottii. Annual, stellate-tomentose throughout; stem slender, erect, nmbellately much branched ; leaves short-petioled, lanceolate or oblong, entire, obtuse at each end, green above, pale beneath, the lowest scattered, the others mostly crowded at the divisions of the stem and summit of the branches ; sterile flowers few, minute ; calyx 5-parted, unequal, longer than the petals ; stamens 8- 10 ; fertile flowers several, clustered ; calyx 5 -8-parted, with oblong obtuse lobes, as long as the capsule ; style twice 2-parted : seeds oval, smooth, flattened on the inner face. (C. ellipticum, Ett.) — Pine barrens, Florida to South Carolina. July - Sept. — Stem 2° - 3° high. Leaves 1 £' - 2' long. 4. C. argyranthemum, Michx. Herbaceous, perennial, covered through- out with stellate silvery scales ; stem erect, umbellately branched ; leaves obo- vate or oblong, obtuse, entire, silvery beneath, narrowed into a petiole ; racemes sessile, oblong, obtuse ; the fertile flowers numerous and crowded; calyx 5 -6- parted, with the lobes acute; stamens 10-12, hairy, styles long and slender, 4-cleft at the apex ; capsule much longer than the calyx — Dry sandy pine 408 EUPHORBIACE^:. (SPURGE FAMILY.) barrens, Georgia and Florida. June -Sept. — Stem 6' -12' high. Leaves !'-!£' long. * * * Styles 3, 2-cleft : stigmas 6 : petals of the sterile flowers longer than the calyx, of the fertile ones minute, subulate: stamens 8 : capsule 3-celled. 5. C. glandlllosum, L. Annual, rough with bristly hairs ; stem umbel- lately branched ; leaves oblong, obtuse, coarsely serrate, mostly crowded at the divisions of the stem and summit of the branches ; the slender petiole biglandu- lar at the apex ; spikes small ; sterile flowers minute, white ; calyx 4-parted ; petals 4 ; fertile flowers few, with the calyx 5-parted. — Dry waste places, Flor- ida to North Carolina, and westward. July - Sept. — Stem 6' - 1 8' high. * =* * * Styles 2, 2-parted : stigmas 4 : petals 5 in the sterile flowers, none in the fertile :, stamens 5-10: capsule 1 - 2-celled. 6. C. monanthogynum, Michx. Annual ; stem erect, twice or thrice umbellately branched, the spreading forking branches, like the leaves and racemes, stellate-tomentose ; leaves on slender petioles, ovate or oblong, entire, obtuse, whitish beneath ; racemes in the forks of the branches, few-flowered ; the sterile flowers corymbose ;, the fertile (1-2) nodding. — Dry sterile soil, South Florida to North Carolina. June - Sept. — Stem 1° high. Leaves 1' long. 8. CBOTONOPSIS, Michx. Flowers monoecious, in terminal and axillary clusters. Calyx of the sterile flowers 5-parted. Petals and stamens 5. Filaments separate, dilated upward. Fertile flowers below the sterile. Calyx 3 -5-parted. Petals none. Petal-like glands 5, opposite the calyx-lobes. Ovary 1 -celled, 1-ovuled. Stigmas 3, each 2-cleft. Fruit globose, indehiscent, 1 -seeded. — A low and slender branching annual. Leaves linear or lanceolate, short-petioled, entire, green and hairy above, the lower surface, like the branches, covered with silvery scales. Flowers minute. 1. C. linearis, Michx. — Dry sandy soil, Florida to North Carolina. Aug. -Sept. — Stem 6' -12' high, alternately branched or forking. Leaves £'- 1' long, alternate or opposite. 9. APHOBA, Nutt. Flowers monoecious, in axillary spikes. Sterile flowers few. Calyx 5-parted. Corolla of 5 spatulate petals alternating with 5 flattened glands, as long as the calyx. Stamens 10-12, in 2 whorls of 5-6 each, monadelphous below. Fer- tile flowers like the sterile, but the petals shorter than the calyx. Style 3-parted, the divisions 2-cleft. Capsule of three 1-celled, 1-seeded, 2-valved carpels. — Shrubs, or herbs, with watery juice. 1. A. Blodgettii, Torr. Branches smoothish ; leaves alternate, oval or oblong, mostly acute, sharply serrulate, smooth, or sprinkled with simple ap- pressed hairs, abruptly short-petioled ; sterile flowers 3-5, fertile mostly solitary ; EUPHORBIACE^:. (SPURGE FAMILY.) 409 calyx-lobes lanceolate, acute ; petals greenish-white ; capsule rough-hairy ; seed globose, wrinkled. — South Florida. — Shrub 1 ° - 2° high. Leaves I' -2' long. 10. CNIDOSCOLUS, Pohl. Flowers monoecious, apctalous, cyraose. Calyx corolla-like. Calyx of the sterile flower salver-shaped, 5-lobed. Stamens 10, the 5 inner ones with mona- delphous filaments. Fertile flowers intermingled with the sterile ones. Calyx of 5 sepals, convolute in the bud. Styles 3, many-parted. Capsule of three 1-cellcd, 1 -seeded, 2-valved carpels. — Herbs or shrubs, with alternate leaves, and white flowers. 1. C. stimulosus, Gray. Herbaceous, bristly with stinging hairs; stem, erect, simple or branched ; leaves long-petioled, round-cordate in outline, pal- mately 3 -5-lobed or parted, the divisions toothed, pinnatifid, or somewhat bipinnatifid, often discolored ; calyx showy ; capsule oblong ; seed oblong, smooth, spotted. (latropha stimulosa, Michx.) — Dry pine barrens, Florida to North Carolina. April -Sept. 1|. — Stem £° - 2° high. Flowers sometimes dioecious. 11. RICINUS, Tourn. CASTOR-OIL PLANT. Flowers monoecious, apetalous, in a dense oblong panicle, the upper ones fertile. Calyx 3 - 5-parted. Corolla none. Stamens numerous ; the filaments much branched : anther-cells distinct, pendulous. Styles 3, 2-parted. Capsule spiny or bristly, of 3 oblong 1 -celled, 1 -seeded, 2-valved carpels. — Herbs, or (tropical) shrubs or trees, with petioled peltate lobed leaves. Panicles lateral and terminal. 1. B,. COmniunis, L. Stem large, glaucous ; leaves orbicular in outline, palmately 7 - 9-lobed ; the lobes oblong or ovate, acuminate, unequally serrate, smooth ; petioles glandular ; panicles in the forks of the stem, and opposite the leaves, dense, glaucous. Capsules oblong, spiny. — Waste places. Introduced. June - Oct. (j) — Stem 3° - 10° high. Leaves 1° in diameter. Stipules large, deciduous. Panicle 6'- 12' long. 12. PHYLLANTHUS, Swartz. Flowers monoecious, apetalous, axillary. Calyx 5-6-parted. Stamens 3, monadelphous. Glands 5-6. Ovary 3-celled, with two ovules in each cell. Styles 3, 2-cleft. Capsule globose, of three 1-celled, 2-seeded, 2-valved carpels. — Smooth herbs, with 2-ranked leaves and branches. Flowers small, greenish. 1. P. Carolinensis, Walt. Annual; branches erect-spreading; leaves oblong, oval, or obovate, entire, short-petioled ; flowers mostly by pairs, one sterile, the other fertile, on short nodding pedicels ; calyx 6-parted, the lobes oblong, obtuse, strongly 1-nerved, membranous on the margins ; capsule smooth; seed semicircular, 3-angled, striped with lines of minute raised points. — Low ground, Florida, and northward. Aug. -Sept. — Stem 8' -16' high. Leaves J'-l'long. 35 412 ITRTICACE^E. (NETTLE FAMILY.) with a single erect orthotropous ovule. Stigma simple or tufted. Ache- nium commonly enclosed in the dry persistent calyx. Embryo straight, in the axis of fleshy albumen. Synopsis. * Plants armed with stinging hairs. 1. URTICA. Stamens 4. Stigma tufted. Achenium straight. 2. LAPORTEA. Stamens 5. Stigma subulate. Achenium oblique. * * Plants destitute of stinging hairs. •«- Flowers in cymose clusters. 3. PILEA. Clusters naked. Calyx-lobes unequal. Leaves opposite. 4. PARIETARIA. Clusters involucrate. Calyx-lobes equal. Leaves alternate. •i- -t- Flowers in spiked clusters. 6- BCEHMERIA. Stigmas subulate, leaves opposite or alternate. 1. ITRTICA, Tourn. NETTLE. Flowers monoecious or dioecious. Calyx of the sterile flower 4-parted. Sta- mens 4, inserted around the abortive ovary. Calyx of the fertile flower 4-sepa- lous, unequal ; the inner ones dilated in fruit, and enclosing the achenium. Stigma sessile, tufted. Achenium straight, ovate, smooth, compressed. — Herbs, with stinging hairs, opposite leaves, and greenish flowers, in panicled spikes or close clusters. * Flowers in panicled or simple spikes, 1. IT. gracilis, Ait. Stem tall, 4-angled, smoothish, slender ; leaves long- petioled, ovate-lanceolate, coarsely serrate, acute, rounded at the base, 3-5- nerved, smoothish, the petioles bristly ; spikes very slender, loosely panicled. (U. procera, Willd.) — Low ground in the upper districts, and northward. July and Aug. 1|. — Stem 3° - 4° high, mostly simple. Leaves thin, 4' -6' long. 2. U. dioica, L. Hispid throughout; stem 4-angled, pubescent above, branching ; leaves rather short-petioled, ovate, cordate, acuminate, coarsely ser- rate, pubescent beneath ; spikes much branched ; flowers often dioecious. — Waste places. In Carolina, Pursh. Introduced. June -Aug. 1J. — Stem 2°- 3° high. Leaves 3' -4' long, thicker than in No. 1, and flowers larger. 3. IT. capitata, Willd. Stem 4-angled, roughish ; leaves large, long- petioled, rough, oblong-ovate, slightly cordate, coarsely serrate, 3-nerved ; those on the branches alternate ; spike solitary, leafy at the summit. — Wet shaded places, North and South Carolina, Curtis, Elliott. July and Aug. — Stem 3° - 5° high. # * Flowers in simple clusters shorter than the petioles. 4. TJ. urens, L. Stem 4-angled, hairy ; leaves ovate, coarsely serrate, 5-nerved, hairy ; clusters by pairs in each axil, loose, peduncled. — Damp soil. Introduced. Dec. -Feb. (I) — Stem 1° high. 5. IT. Chamsedryoides, Pursh. Stem smooth ; leaves small, nearly ses- sile, ovate, coarsely serrate, hairy beneath, hairy and bristly above; clusters nearly sessile, globose, dense ; calyx hairy. — St. Simon's Island, Georgia, Elliott. Feb. and March. — Stem 4' - 6' high. URTICACE^E. (NETTLE FAMILY.) 413 2. LAPORTEA, Gaudich. Flowers monoecious or dioecious. Calyx of the sterile flowers 5-parted. Stamens 5, inserted around the abortive ovary. Calyx of the fertile flowers 4-sepalous, the 2 inner ones larger. Stigma subulate, hairy on one side. Achenium oblique, tubercular-roughened. — Herbs, with stinging hairs, alter- nate long-petioled serrate leaves, and minute flowers in spreading cymes. 1. L. Canadonsis, Gaudich. Stem hispid ; leaves ovate, acuminate, rounded or cordate at the base ; the veins and petioles hispid ; cymes very slender, single or by pairs, the upper mostly fertile, the lower sterile. (Urtica Canadensis and U. divaricata, L.) — Low shaded places, Florida, and north- ward. July and Aug. 1J. — Stem 2° - 4° high. 3. PILEA, Lindl. Flowers monoecious or dioecious. Calyx of the sterile flower 3 - 4-parted. Stamens 3-4. Calyx of the fertile flowers 3-lobed, the lobes unequal or nearly equal, commonly with an inflexed scale-like sterile stamen at the base of each. Stigma sessile, tufted. Achenium ovate, compressed, straight. — Low herbs, destitute of stinging hairs. Leaves opposite, long-petioled. Flowers in axillary cymose clusters. 1. P. pumila, Gray. Stem angular, simple, smooth, pellucid; leaves membranaceous, ovate or elliptical, acuminate, coarsely serrate, 3-nerved, slight- ly hairy above ; cymes much shorter than the petiole. (Urtica pumila, L.) — Wet shaded places, Florida, and northward. July- Sept. (£) — Stem 6' -12' high. Upper leaves 1'- 2' long, the lower not longer than the petiole. 2. P. herniarioides, Lindl. Stems erect or creeping, branched, tender, pellucid ; leaves small, round-obovate, entire, opaque, transversely marked on the upper surface with white raised lines ; clusters shorter than the petiole ; flowers minute. — Shaded moist places, Key West. November. — Stems 2' -4' long. Leaves l"-2" long, rather longer than the petiole. Achenium very minute, oblong, terete. 4. PARIETARIA, Tourn. PELLITORT. Flowers polygamous, in axillary cymose clusters, supported by a bract-like' involucre. Calyx of the sterile flowers 4 - 5-sepalous. Stamens 4-5, inserted around the abortive ovary. Calyx of the fertile flowers 4-parted. Stigma tufted. Ovary surrounded by four sterile, or sometimes perfect, stamens. Ache- nium ovoid. — Weak downy herbs, without stinging hairs. Leaves alternate, entire, long-petioled. Flowers minute, greenish. 1. P. Pennsylvania a, Muhl. Pubescent with straight hairs; stem sim- ple or sparingly branched; leaves thin, oblong-lanceolate, obtuse, roughened with minute elevated dots ; clusters dense ; flowers shorter than the involucre. — Shaded rocks in the upper districts. May - July. © — Stem 4' - 12' high. Leaves 6" -9" long. 414 CANNABINACEJS. (HEMP FAMILY.) 2. P. debilis, Forst. Pubescent with straight and hooked hairs inter- mixed; stem much branched, pellucid; leaves ovate, mostly acuminate, but obtuse, roughened with elevated dots ; clusters loose, spreading ; flowers as long as the involucre. (P. Floridana, Nutt.) — Damp shaded sandy soil near the coast, Florida to North Carolina. June -Aug. (f) — - Stem |°- l£° long. Leaves 6" - 9" long, about the length of the slender petiole. 5. BCEHMEBIA, Jacq. FALSE-NETTLE. Flowers monoecious or dioecious, in spiked clusters. Calyx of the sterile flowers 4 - 5-cleft. Stamens 4-5. Calyx of the fertile flowers tubular, 4 - 5 toothed or entire. Stigma subulate, hairy. Achenium elliptical, enclosed in the persistent calyx. — Hough herbs with alternate or opposite petiolcd leaves. 1. B. cylindrica, Willd. Pubescent and rough with straight and hooked hairs ; leaves opposite and alternate, ovate and ovate-lanceolate, acuminate, ser- rate, rounded and 3-nerved at the base, on long or short petioles ; spikes axil- lary, mostly leafy at the summit, the fertile ones compactly flowered, short ; the sterile interrupted, and sometimes longer than the leaves. (B. lateriflora, Muhl.) — Swampy thickets, Florida, and northward. July- Sept. )J. — Stem l°-3° high, mostly simple. Leaves 2f-5' long. ORDER 123. CANNABINACE^E. (HEMP FAMILY.) Erect or twining herbs, with opposite incised or lobed and stipulate leaves, and dioecious flowers. Sterile flowers racemose or panicled. Ca- lyx 5-sepalous. Stamens 5, opposite the sepals, not inflexed in the bud. Fertile flowers in bracted spikes. Calyx 1-leaved, embracing the 1-celled ovary. Ovule solitary, erect. Stigmas 2, subulate, pubescent. Fruit in- dehiscent. Albumen none. Embryo coiled or curved. 1. HTJMULUS, L. HOP. Sterile flowers panicled. Fertile flowers in short axillary and solitary spikes. Bracts leafy, imbricated, 2-flowered, forming in fruit a membranaceous cone. Calyx enlarged in fruit. Embryo spirally coiled. — A rough perennial twining herb, with cordate 3-5-lobed leaves, and greenish-yellow flowers. 1. H. Lupulus, L. — Low grounds along the mountains, Georgia, and northward. June and July. — Stem 6° -10° high. Leaves petioled, serrate. Achenium covered with resinous yellowish odorous grains. ORDER 124. MORACE^3. (MULBERRY FAMILY.) Trees or shrubs, with milky juice, alternate leaves, with large decidu- is stipules, and monoecious or dioecious flowers, crowded in spikes or MORACE^E. (MULBERRY FAMILY.) 415 heads, or enclosed in the fleshy receptacle. — Calyx of the sterile flowers 3 — 4-lobed. Stamens 3-4, inserted on the base of the calyx. Filaments inflexed in the bud, elastic. Calyx of the fertile flowers 3 - 5-sepalous. Ovary 1 - 2-celled, 1 - 2-ovuled. Styles 2. Achenium 1-seeded. Embryo curved, in fleshy albumen. 1. MOBUS, Tourn. MULBERRY. Flowers monoecious, spiked ; the sterile and fertile flowers in separate spikes. Calyx 4-parted. Stamens 4. Ovary 2-celled. Styles filiform. Achenium ovate, compressed, covered by the succulent berry-like calyx. — Trees, with rounded leaves, and axillary spikes. 1. M. rubra, L. Leaves cordate-ovate, acuminate, serrate, petioled, rough above, white tomentose beneath, on young shoots 3 - 5-lobed ; stipules linear ; sterile spikes slender, drooping ; the fertile ones ovoid or oblong, resembling a blackberry in fruit. — Rich woods, Florida, and northward. March. — A small tree. 2. M. alba, L. Leaves cordate-ovate, acute, serrate, oblique at the base, smooth and shining, sometimes lobed ; fruit whitish. — Around dwellings. In- troduced.— A small tree. 2. FICTJS, Tourn. FIG. Flowers monoecious or dioecious, lining the inside of the fleshy closed recep- tacle. Calyx of the sterile flowers 3-parted. Stamens 3. Calyx of the fertile flowers 5-cleft, pedicelled. Styles lateral, slender. Achenium fragile. Embryo hooked. — Trees or shrubs, with entire or lobed leaves, and large convolute stip- ules. Flowers axillary. 1. F. aurea, Nutt. Branches pale, smooth, furrowed; leaves smooth, coriaceous, oblong, entire, narrowed but obtuse at each end, stout-petiolcd ; re- ceptacle orange-yellow, globose, bracted, on short and thick pedicels. — South Florida. — A small tree. Leaves 3' - 4' long. Fruit about 4" in diameter. 2. F. pedunculata, Willd. Branches terete, uneven; leaves ovate or oval, coriaceous, entire, smooth, obtuse, rounded or slightly cordate at the base, slender-petioled ; receptacle yellowish, globose or obovate, slightly bracted, as long as the slender pedicels. — South Florida. — Tree 20° -40° high, multiply- ing by means of aerial roots. Leaves 2' - 2^' long, 1|' wide. Receptacle rather smaller than in No. 1. 3. F. brevifolia, Nutt. Branches smooth; leaves cordate-ovate, entire, obtuse, smooth, on short petioles ; receptacle purplish-red, depressed-globose, single, short-peduncled, with 2-cleft bracts. — South Florida, Dr. Blodyett. — A small tree. Leaves 2' long, with impressed veins. F. CARICA, L., is the commonly cultivated FIG. BROUSSONETIA PAPTRIFERA, Vent., the PAPER MULBERRY of our yards, belongs to this family. 416 ULMACE.E. (ELM FAMILY.) ORDER 125. ULMACEJE. (ELM FAMILY.) Trees, with watery juice, alternate undivided stipulate leaves, and per- fect or polygamous apetalous flowers. — Calyx 4 - 9-lobed. Stamens 4-9, inserted on the base of the calyx, erect in the bud. Ovary 1 - 2-celled. Ovules solitary, suspended. Styles 2, spreading. Fruit membranaceous or drupaceous. Embryo straight or curved, without albumen. Cotyle- dons leafy. Synopsis. * Fruit dry. Anthers extrorse. 1. TJLMUS. Flowers perfect. Ovary 2-celled. Fruit winged. 2. PLANERA. Flowers polygamous. Ovary 1-celled. Fruit wingless. * * Fruit a drupe. Anthers introrse. 8. CELTIS. Flowers polygamous. Ovary 1-celled. Cotyledons curved. 1. ULMUS, L. ELM. Flowers perfect. Calyx bell-shaped, 4 - 9-cleft. Stamens 4-9, slender, ex- serted : anthers extrorse. Ovary 2-celled. Styles short. Fruit 1-celled, 1 -seeded, surrounded by a broad membranaceous wing. Embryo straight. — Trees. Leaves short-petioled, mostly oblique, doubly serrate, straight- veined. Stipules deciduous. Flowers greenish or purplish, clustered, appearing before the leaves. 1. U. fulva, Michx. (SLIPPERY ELM.) Branchlets pubescent; leaves thick, ovate-oblong, acuminate, broadly serrate, slightly oblique at the base, very rough above, pubescent beneath ; calyx and short pedicels pubescent ; fruit orbicular, pubescent on the sides, smooth on the margins, with the obtuse teeth erect ; expanding buds rusty-tomentose. — Rich woods, West Florida, and north- ward. Feb. and March. — A small tree. Leaves 4' -8' long. Fruit 8" -9" wide. Inner bark very mucilaginous. 2. TJ. Moridana, n. sp. Branchlets smooth ; leaves thick, oblong-ovate, acute or slightly acuminate, broadly serrate, oblique at the base, smooth above, more or less pubescent beneath ; pedicels very slender, somewhat racemose, and, like the calyx, smooth ; fruit orbicular, fringed on the margins, with the short and broad teeth erect. — Banks of the Chipola River, at Marianna, "West Florida, Feb. and March. — A tree 30° - 40° high, with brittle branches. Leaves 3' - 4' long. Fruit 2" -3" in diameter. Bud-scales downy on the margins. 3. TJ. Americana, L. (ELM.) Branchlets and buds smooth; leaves thin, obovate-oblong, or oval, oblique at the base, sharply serrate, abruptly acu- minate, smooth above, pubescent, or at length smooth beneath ; pedicels clustered, slender, smooth, like the calyx ; fruit oval or obovate, downy on the margins, with the sharp teeth connivent. — Low grounds, Florida, and northward. Feb. and March. — A large tree, with spreading branches. Leaves 2' -4' long. Fruit 6" long. Var. *? aspera. Leaves larger (3' -6') on shorter petioles, oval-oblong, acu- minate, very oblique or half-cordate at the base, very rough above, pubescent PLATANACE^E. (PLANE-TREE FAMILY.) 417 beneath ; pedicels and calyx smaller. — Swamps of the Apalachicola River, Florida. Jan. and Feb. — A small tree. 4. TJ. alata, Michx. (WHAHOO.) Branches corky-winged ; leaves small, ovate-lanceolate, acute, sharply serrate, commonly even and rounded at the base, rough above, pubescent beneath, nearly sessile , flowers clustered, on slender pedicels ; fruit oval, downy on the margins. — Rich soil, Florida to North Car- olina. — A small tree. Leaves 1'- 1£' long. 2. PLANERA, Gmel. PLANER-TREE. Flowers polygamous, clustered. Calyx bell-shaped, 4 - 5-cleft. Stamens 4 - 5 : anthers extrorse. Ovary 1-celled. Styles short. Fruit nut-like, coriaceous, wingless. Embryo straight, without albumen. — Small trees, with the foliage of the Elm. 1. P. aquatica, Gmel. Leaves ovate, short-petioled, acute, serrate, rough- ish ; flowers in small roundish clusters, appearing before the leaves ; nut ovate, covered with warty scales. — River-swamps, Florida to North Carolina. Feb. and March. — A tree 20° - 30° high. Leaves 1 ' - U' long. 3. CELTIS, Tourn. NETTLE-TREE. Flowers perfect or polygamous, apetalous. Calyx of five sepals. Stamens 5 : anthers introrse. Ovary 1-celled. Styles 2, slender, pubescent. Drupe globose. Embryo curved around scanty gelatinous albumen. Cotyledons wrinkled. — Trees Leaves petioled, commonly oblique at the base. Flowers axillary, soli- tary, or few in a cluster, greenish. ' 1. C. OCCidentalis, L. Young leaves and branchlets silky; leaves (2' long) ovate, acuminate, sharply serrate, abruptly contracted at the base, soon smooth, ferrugineous beneath ; fertile flowers mostly solitary, on drooping pe- duncles ; the sterile ones 2 - 4 in a cluster ; drupe dark purple, with a thin sweet pulp. — Rich soil, Georgia, and northward. March. — A tree 40° - 60° high. — Var. INTEGRIFOLIA. (C. intcgrifolia, Nutt.) Leaves ovate or ovate-lanceolate (2' -3' long), acuminate, entire, rounded, or the lower ones cordate at the base, roughened with miuute elevated points. — Sandy soil, Apalachicola, Florida (perhaps introduced), and westward. — A small tree. Branches and leaves 2-ranked. — Var. PUMILA. (C. pumila, Pursh.) Shrubby; leaves (l'-l£' long) ovate, acute, serrate, obtuse at the base, pale beneath, very rough above ; drupe glaucous. — Shady woods, Florida to North Carolina. March and April. —Stem 5° -10° high. ORDER 126. PLATANACE^. (PLANE-TREE FAMILY.) Large trees, with alternate palmately-lobed petioled stipulate leaves, and monoecious flowers, in axillary long-peduncled globose heads. — Calyx and corolla none. Anthers on short club-shaped filaments, numerous, 418 JUGLANDACE^E. (WALNUT FAMILY.) 2-celled, adnate to the truncated connective. Ovaries numerous, obconi- cal, hairy at the base. Ovules 1-2, orthotropous, pendulous. Style sub- ulate. Nut 1-seeded. Seed cylindrical. Embryo in the axis of scarce fleshy albumen. — Flowers intermixed with copious club-shaped scales. — Consisting of the single genus. 1. PLATANUS, L. PLANE-TREE. SYCAMORE. 1. P. OCCidentalis, L. — Leaves (4' -9' wide) round-cordate, angularly lobed and toothed, covered when young with dense whitish down, soon smooth ; stipules toothed ; heads pendulous (8" -12" in diameter). — River-banks, Flor- ida, and northward. March and April. — A large tree, with the white bark separating in thin plates. ORDER 127. JUGLANDACE^J. (WALNUT FAMILY.) Trees, with alternate odd-pinnate exstipulate leaves and monoecious apetalous or minutely petalled flowers. Sterile flowers in pendulous aments. Calyx 2 - 6-parted, the stamens few or numerous. Fertile flow- ers single or clustered. Calyx 3 - 5-parted, the tube adherent to the incompletely 2 - 4-celled ovary. Fruit drupaceous, with a bony endocarp. Seed 4-lobed, without albumen, orthotropous. Cotyledons oily, 2-lobed. Radicle short, superior. 1. CABYA, Nutt. HICKORY. PIGNUT. Aments of the sterile flowers mostly three together, on a common peduncle, lateral. Calyx unequally 3-parted. JStamens 3-6. Fertile flowers terminal. Calyx 4-parted. Petals none. Stigma large, 4-lobed. Nut smooth, 4 - 6-angled, incompletely 4-celled; the coriaceous epicarp (husk) partly or completely 4-valved. — Trees, mostly with scaly buds. Leaflets serrate. Fruit roundish. * Epicarp very thick, 4-valved : seed thick, edible. 1. O. alba, Nutt. (SHELL-BARK HICKORY.) Leaflets 5-7 (mostly 5), lanceolate-oblong, or the upper ones obovate-oblong, acuminate, pubescent be- neath ; fruit depressed-globose ; nut roundish, thin-shelled, compressed, 4-angled, slightly pointed. — Rich woods in the upper districts, Georgia, and northward. March and April. — A large tree, with shaggy and scaly bark. 2. C. sulcata, Nutt. Leaflets 7-9, obovate-oblong, acuminate, pubescent beneath; fruit oval, 4-angled above; nut oblong, thick-shelled, conspicuously pointed, slightly compressed. — Rich woods in the upper districts of Carolina, Elliott, and northward. March and April. — A large tree, with scaly bark. 3. C. oliv8Bformis, Nutt. (PECAN-NUT.) Leaflets 13-15, lanceolate- oblong, serrate falcate, acuminate ; nut olive-shaped, smooth, thin-shelled, some- what 4-angled. — River-bottoms, Mississippi, northward and westward. — A large tree with smoothish bark. JUGLANDACE^E. ( WALNUT FAMILY.) 419 * * Eplcarp partly 4-valved: seed thin : bark not scaly. 4. C. tomentosa, Nutt. (HICKORY.) Leaflets 7-9 (mostly 7), large, oblong-obovate, acute, pubescent beneath ; sterile aments tomentose ; fruit large, globose ; epicarp thick, coriaceous, parted nearly to the base ; nut thick-shelled, oval, somewhat 6-angled. — Rich soil, Florida, and northward. March and April. — A large tree with rough bark. 5. C. glabra, Torr. (PIG-NUT.) Leaflets 5-7 (mostly 7), ovate-lanceo- late, acuminate, smooth ; fruit obovate, obcordate,, or pear-shaped ; epicarp thin, parted to the middle, coriaceous ; nut thick-shelled, sometimes angled. (C. por- cina, Nutt.) — Woods, Florida, and northward. March and April. — A large tree with smoothish bark. 6. C. microcarpa, Nutt. Leaflets 5-7, oblong-lanceolate, smooth, glan- dular beneath, acuminate ; aments smooth ; fruit roundish ; epicarp thin ; nut thin-shelled, slightly 4-angled. — Mountains of North Carolina, and northward. April and May. — A large tree. Fruit f ' in diameter. 7. C. myristicseformis, Michx. " Leaflets 5, ovate-lanceolate, acumi- nate, smooth, the terminal one sessile ; fruit oval, rugose, rough ; nut oval, slightly acuminate, furrowed, very hard." — South Carolina, at Goose Creek, Michaux. 'Berkeley District, Ravenel. Nuts resembling nutmegs. 8. C. amara, Nutt. (BITTER-NUT.) Leaflets 9-11, oblong-lanceolate, acute, smoothish ; fruit globular ; epicarp thin, parted to the middle ; nut thin- shelled, obcordate ; seed much wrinkled. — Low ground, Florida, and north- ward. March and April. — A tree of moderate dimensions, with smooth bark, and very bitter and astringent seeds. 9. C. aquatica, Nutt. Leaflets 9 - 13, lanceolate, acuminate, slightly ser- rate, smooth ; fruit roundish, 4-ribbed ; epicarp thin, 4-parted to the base ; nut compressed, thin-shelled, 4-angled ; seed much wrinkled. — River-swamps, Flor- ida to South Carolina. March and April. — A small tree with rough bark. Seeds very bitter and astringent. 2. JUGLANS, L. WALNUT. BUTTERNUT. Sterile aments lateral, solitary. Calyx 5-6-parted. Stamens numerous. Fertile flowers terminal. Calyx 4-cleft. Petals 4, minute. Stigmas 2, long, recurved. Fruit oblong or globose. Epicarp indehiscent. Nut incompletely 4-celled, furrowed or sculptured. — Trees with naked buds. Leaflets serrate. 1. J. nigra, L. (BLACK WALNUT.) Leaflets 11-21, ovate-lanceolate, pubescent beneath, acuminate, slightly cordate at the base, or oblique ; fruit globose, rough-dotted ; nut furrowed. — Rich woods, Florida, and northward. March and April. — A tree 30° -50° high. 2. J. cinerea, L. (BUTTERNUT.) Leaflets 15-19, ovate-lanceolate, acute, rounded at the base, pubescent ; the petioles, fruit, &c. viscid ; fruit oblong ; nut deeply sculptured, acute. — Rocky woods in the upper districts. March and April'. — A tree 30° - 40° high. 420 cuptJLiFERuE. (OAK FAMILY.) ORDER 128. CUPUt-IFER^E. (OAK FAMILY.) Trees or shrubs, with alternate entire or lobed straight-veined stipulate leaves, and monoecious apetalous flowers. Sterile flowers in pendulous slender or capitate aments. Calyx scale-like, or regular and 4 - 6-lobed. Stamens few. Fertile flowers single or clustered, furnished with an invo- lucre which encloses the fruit, or forms a cup at its base. Ovary 2-7- celled, with 1-2 pendulous anatropous ovules in each cell. Stigmas as many as the cells. Fruit 1-celled, 1-seeded. Albumen none. Cotyle- dons thick and fleshy. Radicle superior. Synopsis. * Fertile flowers single, or few in a cluster. 1. QUERCUS. Nut solitary, with the base enclosed in a scaly involucre. 2. CASTANEA. Nuts 1-3, enclosed in a 4-valved spiny involucre ; sterile aments elongated, erect. 3. FAGUS. Nuts 2, 3-angled, enclosed in a somewhat spiny 4-valved involucre : sterile aments capitate, pendulous. 4. CORYLUS. Nut solitary, bony, enclosed in a leafy lacerated involucre. * * Fertile flowers spiked. 5. CARPINUS. Nuts 1 - 2, in the axil of an open leafy involucre. 6. OSTRYA. Nut solitary, enclosed in a membranaceous inflated involucre. 1. QUERCUS, L. OAK. Sterile ament slender, bractless, pendulous. Calyx unequally 6 - 8-parted. Stamens 6-12, slender : anthers 2-celled. Fertile flowers axillary, solitary, or few in a cluster. Calyx 6-cleft or denticulate, adnate to the 3 - 4-celled ovary. Ovules 2 in each cell. Stigmas obtuse. Nut (Acorn) oblong or hemispherical, partly (rarely wholly) enclosed in the cup-shaped scaly involucre. Cotyledons very thick, plano-convex. — Trees or shrubs, with simple entire or lobed leaves. Stipules caducous. § 1. Fruit biennial. t * Leaves entire, short-petioled ; those on vigorous shoots often lobed or toothed. 1. Q. Phellos, L. (WILLOW-OAK.) Leaves (2' -3' long) lanceolate or linear-lanceolate, bristle-awned, scurfy, like the branchlets, when young, becom- ing smooth on both sides ; fruit small, sessile ; cup flattish, enclosing the base of the hemispherical nut. — Margins of swamps and streams, Florida to Missis- sippi, and northward. — A slender tree, 40° - 50° high. Var. laurifolia. (Q. laurifolia, Michx.) Leaves larger (3' -4' long), oblong-lanceolate; cup deeper and more pointed at the base. — Light uplands, Florida to North Carolina. — A tree commonly larger than the preceding. Var. arenaria. (Q. myrtifolia, Willd. ?) Shrubby (4° - 8° high) ; leaves small (£'- 1£' long), rigid, oblong or obovate, obtuse or barely pointed, with the margins revolute. — Dry sand ridges, along the coast of Florida and Georgia. 2. Q. imbricaria, Michx. (SHINGLE-OAK.) Leaves lanceolate-oblong, acute or obtuse at each end, mucronate, pale and downy beneath, deciduous ; CUPULIFERuE. (OAK FAMILY.) 421 fruit middle-sized ; cup narrowed at the base, enclosing one half or one third of the nearly hemispherical nut, the broad and whitish scales closely appressed. — Mountains of North Carolina, and northward. — A tree 40° - 50° high. Leaves 3' - 5' long. > 3. Q. cinerea, Michx. (HIGH-GROUND WILLOW-OAK.) Leaves peren- nial, oblong-lanceolate, obtuse or acute, mucronate, white tomentose beneath ; fruit small, sessile ; cup shallow, narrowed at the base, pale, enclosing one third of the hemispherical nut. — Dry sandy pine barrens, Florida to North Carolina. — A small tree, fruiting abundantly. Leaves 2' - 3' long, scurfy, like the branchlets, when young. Var. pumila, Michx. (Q. pumila, Walt.) Shrubby (l°-3° high); branches slender; leaves lanceolate, wavy, at length smooth on both surfaces. — Flat or dry pine barrens, Florida to North Carolina. — Roots creeping. 4. Q. virens, Ait. (Live OAK.) Branchlets tomentose; leaves coria- ceous, perennial, oblong, obtuse, somewhat rugose, smooth and shining above, hoary-tomentose beneath, the margins revolute ; fruit long-peduncled ; cup top- shaped, hoary, enclosing the base of the oblong chestnut-brown nut. — Dry or wet soil, in the lower districts, Florida to North Carolina. — Commonly a large tree with spreading branches. Leaves 2' -4' long. Var. maritima. (Q maritima, Willd.} Shrubby (4° -10° high) ; leaves smooth, lanceolate, concave, mostly acute ; fruit larger. — Sand ridges along the coast, Florida to South Carolina. Var. dentata. (Q. nana, Willd.*) Dwarf (1°- 2° high) ; earliest leaves flat, wedge-obovate or obovate-oblong, mucronate, toothed, at length smooth, the others lanceolate and entire ; fruit sessile or short-peduncled, often clustered. — Flat pine barrens, Florida. — Leaves nearly sessile. * * Leaves 3-lobed at the summit, bristle-awned. ^ 5. Q. aquatica, Catesb. (WATER-OAK.) Leaves perennial, short-peti- oled, obovate-oblong or wedge-shaped, smooth on both sides, obtusely 3-lobed at the summit, often entire, or on young shoots pinnatifid-toothed or lobed, mostly awnless when old ; fruit small, mostly sessile ; cup shallow, flat, en- closing the base of the hemispherical downy nut. — Swamps and wet banks, Florida, and northward. — A small tree, with smooth bark. Leaves 2' -3' long, with tufts of down in the axils of the veins when young. Var. hybrida. Smooth, with ash-colored branchlets ; leaves oblong or wedge-oblong, entire, emarginate, or 3-lobed at the summit, tapering or abruptly contracted into a short petiole ; fruit very small, closely sessile ; cup shallow, flattened, enclosing the base of the ovate nut. — Rocky banks of Schurlock's Spring, West Florida, and of the Flint River at Albany, Georgia. — A lofty tree. Leaves 3' - 4' long. Fruit 4" - 5" long. 6. Q. nigra, L. (BLACK JACK.) Leaves short-petioled, coriaceous, broad- ly wedge-shaped, rounded at the base, mostly 3-lobed at the summit, bristle- awned, smooth above, rusty-pubescent beneath, deciduous ; fruit middle-sized, on short and thick peduncles ; cup top-shaped, with coarse truncate scales, enclosing one third or one half of the oblong-ovate nut. (Q. ferruginea, Michx.) 422 CUPDLIFEILS:. (OAK FAMILY.) — Dry gravelly or sandy soil, Florida to Mississippi, and northward. — A small tree. Leaves 4' - 9' long. Intermediate forms between this and No. 7 are not uncommon. * * * Leaves long-petioled, sinuate-pinnatijid, bristle-awned, deciduous. •f- Leaves smooth or nearly so. ^ 7. Q. Catesbsei, Michx. (TURKEY-OAK.) Leaves somewhat coriaceous, broad, narrowed into a short petiole, deeply pinnatifid ; the lobes very acute from a broad base, spreading, mostly falcate and entire ; fruit rather large, short- peduncled ; cup thick, turbinate, with broad obtuse scales, enclosing half of the ovoid nut; the upper scales inflexed and lining the inner edge of the cup. — Dry pine barrens, Florida to North Carolina. — A small tree. Leaves G'-9' long. 8. Q. tinctoria, Bartr. (BLACK OAK.) Leaves obovate-oblong, with deep or shallow open sinuses, and about 6 sharply-toothed lobes, obtuse or trun- cate at the base, pubescent when young, at length only in the axils of the veins beneath ; cup top-shaped, with broad scales, enclosing about half of the round- ish depressed nut. (Q. discolor, A it.) — Dry woods, chiefly in the upper dis- tricts, and northward. — A large tree, with the outer bark dark-brown, the inner thick and yellow. Leaves turning light-brown after frost. Nuts 6" - 8" long. ^/ 9. Q. coccinea, "Wang. (SCARLET OAK.) Leaves long-petioled, oval or oblong, with deep and broad sinuses, and 6-8 entire or sparingly toothed lobes, truncate at the base, smooth and shining on both sides ; cup top-shaped, with coarse scales, enclosing one half or one third of the ovoid nut. — Dry woods, Florida, and northward ; more abundant in the upper districts. — A large tree, not easily distinguished from the preceding, and probably only a form of it. Leaves turning bright scarlet after frost. * 10. Q. rubra, L. (RED OAK.) Leaves oblong, with open shallow sinuses, and 8-12 entire or sharply toothed lobes, smooth on both sides, paler beneath ; fruit large, cup shallow, flat, with fine scales, enclosing the base of the ovate or oblong nut. — Rocky woods, Florida, and northward. — A large tree. Leaves turning dark red after frost Nut 1' long. 11. Q. Georgiana, M. A. Curtis. Shrubby; leaves small, very smooth, somewhat obovate, wedge-shaped at the base, with deep or shallow open sinuses, and 3-5 triangular-lanceolate entire acute or obtuse lobes ; fruit short-pedun- cled ; cup smooth and shining, saucer-shaped, enclosing one third of the oval- globose nut. — Stone Mountain, Georgia, Ravenel. — Shrub 6° - 8° high, grow- ing in clusters. Leaves 3' -4' long. Fruit abundant. Nut £' long. -*- -t- Leaves tomentose beneath. 12. Q. falcata, Michx. (SPANISH OAK.) Leaves oblong, rounded at the base, 3 - 5-lobed ; the lobes entire or sparingly toothed at the apex, the terminal one commonly narrow and elongated; fruit rather small; cup somewhat top- shaped, with coarse scales, enclosing half of the globular nut. — Var. FAGODJE- FOLIA, Ell., has larger leaves, with 11-13 nearly opposite and spreading lobes. — Dry woods, Florida, and northward. — A large tree. Leaves 4' -5' long, entire near the base. Nut £' long. CUPUHFERJE. (OAK FAMILY.) 423 13. Q. ilicifolia, Wang. (BEAR-OAK.) Shrubby ; leaves obovatc, with 3-5 angular or short and broad mostly entire lobes, acute at the base, white- tomentose, like the branchlets, when young, at length smooth and dark green above ; fruit short-pedunclcd ; cup shallow, saucer-shaped, with coarse scales, enclosing about one third of the ovate nut. (Q. Banisteri, Michx.) — Barren soil in the upper districts, Georgia, and northward. — A shrub 3° - 4° high. Leaves 3' - 5' long. Fruit abundant. § 2. Fruit annual: leaves awnless, deciduous. # Leaves sinuate-lobed. ^ 14. Q. obtusiloba, Michx. (POST-OAK.) Leaves with 5-7 broad rounded or notched lobes separated by wide open sinuses, narrowed at the base into a short petiole, pubescent beneath ; cup hemispherical, enclosing one third or one half of the oval nut. — Cold clayey soil, Florida, and northward. — A tree 40° - 50° high. Nut £' long. Leaves 4' - 6' long. ^ Var. parvifolia. Leaves smaller (!£' -3' long), oblong, obtuse, entire or sinuate-toothed, nearly smooth on both sides, rusty-pubescent, like the branchlets, when young ; nut larger. — Sand-ridges near the coast, West Florida. — A shrub or small tree. 15. Q. alba, L. (WHITE OAK.) Leaves oblong or obovate-oblong, with 7-9 mostly obtuse and entire narrow lobes separated by narrow sinuses, nar- rowed into a petiole, densely tomentose, like the branchlets, when young, at length smooth or glaucous beneath ; fruit large, nearly sessile ; cup hemispheri- cal, enclosing one third of the oblong-ovate nut. — Damp woods, Florida to Mississippi, and northward. — A large tree with white bark. Leaves 4' - 6' long. Nut about 1' long. 16. Q. macrocarpa, Michx. (MOSSY-CUP OAK.) Leaves thin, obovate- oblong, pubescent or pale beneath, acute at the base, short-petioled, slightly or strongly few -many-lobed ; the lobes rounded, entire or obtusely toothed ; fruit large ; scales of the cup thick, the upper ones produced into long awns ; nut ovoid, included, or half enclosed in the cup. — Woods and river-banks, North Carolina, and northward. — A middle-sized tree. Leaves 6' -15' long. Nut I'-lJ'long. 17. Q. lyrata, Walt. (OVER-CUP OAK.) Leaves crowded at the end of the branchlets, obovate-oblong, acute at the base, 7-9-lobed, white-tomentose beneath, or at length smoothish, shining above, the lobes triangular, acute, and entire ; fruit sessile : cup round-ovate, with rugged scales, almost covering the roundish nut. — River-swamps, Florida to North Carolina. — A large tree. Leaves 5'- 8' long, short-petioled. Fruit 1' long. * * Leaves toothed. 18. Q. Prinus, L. (SWAMP CHESTNUT-OAK.) Leaves oblong or obo- vate-oblong, obtuse, with rounded teeth, smooth and shining above, pale and pubescent beneath, acute at the base, short-petioled ; fruit large, short-peduncled ; cup hemispherical, rugged with tubercular scales, enclosing the base of the roundish or oblong-ovate nut. — Low grounds, Florida to Mississippi, and north- ward. — A large tree. Nut about 1' long. 424 CUPULIFERJE. (OAK FAMILY.) ^ Var. monticola, Michx. (RocK CHESTNUT-OAK.) (Q. montana, Wittd.) A smaller tree (30° -40° high), with more compact and durable wood; fruit smaller; nut oblong. — Rocky woods along the mountains. ^ Var. Michauxii. (Q. Michauxii, Nutt.) Leaves smaller (4' -5' long), rather rigid, velvety beneath, often obtuse or slightly cordate at the base ; nut ovate (!£' long). — Low ground, Florida to South Carolina. — A large tree. , Var. discolor, Michx. Leaves obovate, acute at the base, coarsely and obtusely toothed or somewhat lobed, dark-green above, white-tomentose beneath ; fruit long-peduncled, tubercular, hemispherical; nut oblong-ovate (!' long). (Q. bicolor, Willd.) — Swamps along the mountains. — A large tree. 19. Q. Castanea, "VVilld. (CHESTNUT-OAK.) Leaves oblong, varying to lanceolate, acuminate, sharply toothed, with the points incurved, mostly acute at the base, smooth above, paler and minutely pubescent or glaucous beneath ; fruit small, sessile or short-peduncled ; cup hemispherical, with flat scales, en- closing one third of the oblong nut. — Rocky woods, West Florida to Missis- sippi, and northward. — A large or middle-sized tree. Leaves 3' - 6' long. Nut 7" -9" long. 20. Q. prinoides, Willd. (CHINQUAPIN-OAK.) Shrubby ; leaves lance- olate-oblong, acute at each end, acutely toothed, smooth above, white-tomentose beneath ; fruit small, mostly sessile ; cup hemispherical, with flat scales, enclos- ing about one half of the round-ovate nut. (Q. Chinquapin, PwrsA.) — Barren soil in the upper districts, and northward. — Shrub 2° - 6° high. Leaves 3> -4' long. Nut 8" -9" long. 2. CASTANEA, Tourn. CHESTNUT. Sterile flowers in separate clusters, in long erect cylindrical aments. Calyx 5-6-parted. Stamens 8-15: anthers 2-celled. Fertile flowers 1 - 3, enclosed in the bell-shaped, at length globose, 4-valved and very prickly involucre. Calyx 5-6-lobed, superior. Abortive stamens 5-12. Ovary 3-6-celled. Ovules single or by pairs in each cell. Stigmas 3-6, bristle-like, spreading. Nuts 1-3, roundish, compressed, or plano-convex. Cotyledons very thick. — Trees or shrubs, with oblong petioled sharply-serrate straight- veined leaves. 1. C. vesca, L. (CHESTNUT.) Leaves oblong-lanceolate, acuminate, coarsely serrate, smooth on both sides ; nuts mostly 3, the middle one flattened, the 2 outer ones plano-convex, dark brown. — Dry woods, "West Florida, and northward. April. — A large tree. Leaves 6' -7' long. 2. C. pumila, Michx. (CHINQUAPIN.) Leaves oblong, acute, or obtuse, finely serrate, hoary-tomentose beneath; nuts solitary, nearly globular. (C' nana, Muhl., a form with larger leaves and nuts.) — Dry sandy soil, Florida, and north- ward. April - May. — A large shrub or small tree. Leaves, involucre, and nut smaller than those of the preceding. 3. PAGUS, Tourn. BEECH. Sterile flowers capitate, on long and drooping peduncles, with deciduous bracts. Calyx bell-shaped, 5 - 6-cleft. Stamens 8 - 12 : anthers 2-celled. Fertile flow- CUPULIFER^E. (OAK FAMILY.) 425 ers solitary or by pairs, peduncled, surrounded with numerous linear bracts and a 4-lobcd involucre. Calyx of 4 - 5 subulate lobes. Ovary 3-cclled, with two ovules in each cell. Styles 3, filiform. Nuts commonly 2, acutely 3-angled, en- closed in the soft-spiny 4-valvcd involucre. Cotyledons thick and fleshy. — Trees, with whitish bark, and straight-veined leaves expanding with the flowers. 1. P. ferruginea, Ait. Leaves oblong-ovate or rhombic, acute, finely serrate, silky on both sides when young, when old only on the veins beneath ; spines of the involucre short, recurved. — Damp sandy soil, Florida, and north- ward. April. — A large tree, with widely spreading branches. 4. CORYLUS, Tourn. HAZEL-NUT. Sterile flowers in cylindrical pendulous bracted aments. Calyx 2-cleft, partly united with the bract. Stamens 8 : anthers 1 -celled. Fertile flowers clustered. Ovary 2-celled, 2-ovuled. Stigmas 2, filiform. Involucre tubular at the base, leafy and lacerated at the summit, enclosing a single bony (edible) nut. — Shrubs, with broadly cordate doubly serrate petioled leaves. Flowers appearing before the leaves. S* 1- C. Americana, Walt. (HAZEL-NUT.) Branchlets glandular; leaves round-cordate, coarsely serrate, acuminate, pubescent ; involucre roundish at the base, dilated and flattened above the nut, glandular hairy ; nut roundish, some- what flattened. — Rich soil along the margins of woods and thickets, "West Flor- ida, and northward. Feb. and March. — Shrub 5° - 6° high, tough and flexible. Leaves 4' - 6' long. - 2. C. rostrata, Ait. (BEAKED HAZEL-NUT.) Branchlets smooth ; leaves ovate or oblong-ovate, slightly cordate, acuminate, finely serrate, rather thin, pubescent ; involucre bristly, prolonged into a tube above the nut, 2-cleft and toothed at the summit ; fruit nearly globular. — Rich soil in the upper districts, and northward. March - April. — Shrub 4° - 6° high. 5. CAKPINTTS, L. HORNBEAM. Flowers destitute of floral envelopes, supported by scale-like bracts. Sterile flowers in drooping cylindrical aments. Stamens 8 - 14 : filaments short : an- thers 1 -celled, hairy at the apex. Fertile flowers spiked. Bracts 2-flowered, deciduous. Ovary 2-celled, 2-ovuled. Stigmas 2, filiform. Nut solitary, an- gular, sessile in the axil of an open 3-lobed leaf-like involucre. — Trees, with simple ovate or oblong straight-veined deciduous leaves, folded in the bud. Flowers expanding before the leaves. _, 1. C. Americana, Michx. (HORNBEAM.) Branchlets smooth and slen- der ; leaves oblong-ovate, acute or slightly acuminate, sharply and doubly ser- rate, rounded at tfie base, more or less pubescent. Fertile spikes terminal, long-peduncled, 6- 1 2-flowered ; involucre unequally 3-lobed, the middle lobe longer and serrate on one side ; nut small, ovate, compressed, 8-ribbed. — Rich woods, Florida, and northward. March. — A small tree, with hard and close- grained wood. 36* 426 MYRICACE^E. (WAX-MYRTLE FAMILY.) 6. OSTRYA, Micheli. HOP-HORNBEAM. Sterile flowers in drooping cylindrical aments, each in the axil of a scale-like bract, destitute of a calyx. Stamens with the filaments irregularly united. Fer- tile flowers in a short terminal crowded spike, each enclosed in a membranaceous involucre. Ovary 2-celled, 2-ovuled, bearded at the apex. Stigmas 2, filiform. Fruiting involucre inflated, nerved, hairy or bristly at the base, enclosing the solitary pointed nut. — Small trees, with ovate or oblong serrate short-petioled deciduous leaves. Flowers appearing with the leaves. 1. O. Virginica, Willd. (HOP-HORNBEAM.) Leaves ovate-oblong, sharp- ly and simply serrate, acuminate, rounded or slightly cordate at the base, pubes- cent ; fertile spike cone-like, short-peduncled ; the imbricated involucres oblong, mucronate, bristly at the base. — Rich woods, Florida, and northward. March. — A small tree, with hard and close-grained wood. ORDER 129. MYRICACE^. (WAX-MYRTLE FAMILY.) Chiefly shrubs, with simple alternate leaves, with or "without stipules, and monoecious or dioecious flowers, disposed in aments, destitute of calyx or corolla, each in the axil of a simple bract. Stamens 2 - 10 ; the short filaments free or partly united : anthers 2-celled. Ovary solitary, 1-celled, surrounded at the base with a row of scales. Ovule solitary, orthotropous or amphitropous. Involucre none. Stigmas 1-2, elongated. Fruit a dry 1 -seeded drupe. Albumen none. Cotyledons fleshy. Kadicle superior. Synopsis. * Seed orthotropous. Plants dotted with resinous glands. 1. MYRICA. Flowers dioecious. Filaments united below. Leaves serrate or entire. Stip- ules none. 2. COMPTONIA. Flowers monoecious. Filaments forking. Leaves pinnatifid. Stipules half-cordate. * * Seed amphitropous. Plant destitute of glands. 3. LEITNERIA. Flowers dioecious. Filaments distinct. Stigma solitary. Leaves entire. Stipules none. 1. MYRICA, L. WAX-MYRTLE. BAYBERRY. Flowers in short axillary aments, dioecious, each in the axil of a scale-like bract. Calyx and corolla none. Stamens 2-10, with the filaments united below. Ovary enclosed in a cup of 3 - 5 rounded scales. Ovule orthotropous. Stigmas 2 (rarely 4), flattened on the inner face, widely spreading. Nut glo- bose, covered with waxy grains. — Shrubs or small trees, dotted with minute resinous and odorous glands. Branches clustered. Leaves short-petioled, serrate or entire. Stipules none. 1. M. cerifera, L, (WAX-MYRTLE. BAYBERRY.) Branchlets pubescent ; leaves lanceolate or oblong-lanceolate, mostly obtuse, entire, or with a few sharp MYRICACE^E. (W AX-MYRTLE FAMILY.) 427 scrraturos near the apex, smooth, or pubescent on the veins beneath, tapering into a petiole ; sterile aments very numerous, oblong ; bracts wedge-shaped ; stamens 4 ; fertile aments small ; bracts rounded, obscurely 3-lobed ; scales of the ovary 4, ciliate ; stigmas 2 ; fruit abundant, white. — Margins of swamps, mostly near the coast, Florida, and northward. March and April. — A shrub or small tree. Leaves persistent along our southern limits, but northwardly deciduous, l£' - 4' long. Var. media, Michx. Branchlets smooth or hairy ; leaves larger, obovate- oblong, entire, or slightly serrate near the apex, mostly rounded or emarginate at the summit ; aments and nuts larger ; scales of the sterile flower roundish. : — Wet pine ban-ens. — Shrub 2° -4° high. Leaves mostly deciduous. Var. pumila, Michx. Low (l°-2° high), much branched; leaves smaller (^'-2' long), persistent, varying from wedge-obovate to wedge-lanceolate or linear-spatulate, coriaceous, obtuse, mostly toothed near the apex ; aments minute, ovoid, few-flowered. — Sandy pine barrens. 2. M. inodora, Bartr. Smooth ; leaves perennial, coriaceous, oblong, obtuse, very entire, tapering into a petiole, with the margins revolute ; sterile aments oval or oblong, with the roundish bracts transversely ridged on the back ; stamens about 10, monadelphous ; fertile aments small, elongated in fruit ; stigmas 2 or 4 ; scales of the ovary 5 ; nuts large, black, commonly soli- tary. — Margins of pine-barren ponds and swamps, Florida, common near the coast. Feb. - March. — A shrub or small tree, with whitish bark. Leaves about 2' long, sparingly dotted. Nuts ovoid, 3" long. 2. COMPTONIA, Solander. SWEET-FERN. Flowers monoacious. Sterile ament cylindrical, with kidney-shaped acumi- nate bracts. Stamens 3, forked. Fertile ament globular, bur-like. Ovary- surrounded by 5 - 6 long and slender persistent scales ; ovule orthotropous. Stigmas 2, spreading. Nut ovoid-oblong, smooth. — Low shrubs, with narrow pinnatifid leaves, and small semicordate stipules. 1. C. asplenifolia, Ait. Leaves thin, short-petioled, linear-lanceolate, with numerous rounded lobes, deciduous ; fertile aments at the base of the sterile, appearing before the leaves. — Dry woods, North Carolina, and north- ward. April. — Plant l°-2° high, aromatic when bruised. Leaves 3' -4' long, resembling those of a fern. 3. LEITNEBIA, N. Gen. Flowers in aments, dioecious, each in the axil of a scale-like bract. Calyx and corolla none. Sterile ament many-flowered, cylindrical, elongated ; bracts ovate, acuminate, imbricated, staminiferous at the base, hairy, the lower ones empty; stamens 5-10, free: anthers 2-celled, introrse. Fertile ament few- many-flowered, narrowly cylindrical, short, in fruit elongated ; bracts ovate, ap- proximate, at length scattered, the lower ones empty. Ovary ovoid, nearly smooth, with the base surrounded by a cup of 4 minute ovate toothed scales. Ovule solitary, amphitropous. Stigma solitary, thick, elongated, channelled. 428 BETULACEJE. (BIRCH FAMILY.) Drupe oblong, obtuse, narrowed at the base : epicarp thick, coriaceous, smooth : endocarp crustaceous. Albumen none. Embryo large, filling the cell. Coty- ledons oval, compressed. Kadicle superior. — A stout shrub, 2° - 6° high, with soft wood and smooth light-brown bark, without resinous dots. Branches short and thick, hoary-pubescent when young. Leaves oblong or obovate-oblong (4'- 6' long), acute at each end, entire, smooth and shining above, hoary-tomentose beneath, straight-veined, on long spreading or recurved hoary petioles, decidu- ous. Stipules none. Aments developed before the leaves, from tho axils of the preceding year, the sterile ones I'-ltf long, the fertile 6" -8" long. Drupe £' long, green, slightly curved. 1. L. Ploridana. — Salt or brackish marshes, Apalachicola, Florida. — Feb. and March. ORDER 130. BETTILACEJ3. (Bmcn FAMILY.) Trees or shrubs, with alternate simple straight-veined leaves, deciduous stipules, and monoecious amentaceous flowers, placed 2-3 together in the axil of a 3-lobed bract. Stamens 4 : filaments distinct. Ovary 2-celled, with a single suspended anatropous ovule in each cell. Stigmas 2, elon- gated. Fruit a winged or angled 1-celled 1-seeded nut, forming, with the imbricated persistent bracts, a cone-like spike. 1. BETULA, Tourn. BIRCH. Sterile aments drooping. Bracts 3-flowered, 2-bracteolate, peltate. Calyx scale-like. Stamens short : anthers 1-celled. Fertile aments oblong or cylin- drical. Bracts 3-flowered. Calyx none. Stigmas filiform. Nut broadly winged. Cotyledons oblong. — Trees or shrubs, with the outer bark often separable into thin papery sheets. Leaves petioled, sen-ate. Fruiting bracts membranaceous. 1. B. nigra, L. (BLACK BIRCH.) Leaves rhombic-ovate, acute, doubly serrate, smooth above, hoary-tomentose beneath, like the short petioles and branchlets, becoming rusty or smoothish ; sterile aments long and drooping ; the fertile ones oblong, short-peduncled, with the woolly bracts cleft into three linear-oblong nearly equal lobes. (B. rubra, Michx.) — Banks of rivers, Florida, and northward. March. — A middle-sized tree, with reddish-brown bark, and long spreading branches. 2. B. excelsa, Ait. (YELLOW BIRCH.) Leaves ovate or oblong-ovate, acuminate, unequally and doubly serrate, pubescent, like the branchlets, when young, at length smooth on both sides, on short pubescent petioles ; fruiting aments oval-oblong ; lobes of the bracts nearly equal, slightly spreading and hairy, acute. (B. lutea, Michx.} — Mountains of North Carolina, and north- ward. March and April. — A tree 40° - 60° high, with yellowish bark. Leaves 2' - 3' long. 3. B. lenta, L. (CHERRY BIRCH.) Branchlets smooth; leaves ovate or oblong-ovate, acute, cordate, finely and doubly serrate, silky when young, at SALICACEJE. (WILLOW FAMILY.) 429 length only on the petioles and veins beneath ; fruiting aments oblong ; lobes of the bracts widely spreading, acute, smooth. — Cool shady banks in the upper parts of Georgia, and northward. March. — A middle-sized tree, with dark brown rugged bark, and close and fine-grained wood. Young twigs spicy and aromatic. 2. ALNITS, Tourn. ALDER. Sterile aments elongated, drooping. Bracts peltate, 5-bracteolate, 1 - 3-flow- ered. Calyx 4-parted or (in No. 2) scale-like. Stamens 4 : anthers 2-cclled. Fertile aments short, erect. Bracts fleshy, 2-flowered. Calyx of four minute scales, adherent to the bracts. Bracts of the fruiting ament woody, persistent. Nut angled or winged. — Shrubs or small trees. Leaves petioled, serrate, the stalked buds covered with a single scale. Fertile aments racemed. 1. A. serrulata, Ait. Leaves obovate, obtuse or abruptly pointed, serru- late, commonly pubescent beneath, acute at the base, short-petioled ; stipules oval, obtuse ; fruiting aments ovoid, short-peduncled ; fruit ovate, wingless. — Banks of streams, Florida, and northward. Jan. -March. — Shrub 3° -12° high. Leaves 2' -4' long, thickish, and partly persistent at its southern limits. Calyx of the sterile flowers- 4-parted. 2. A. viridis, DC. Leaves oval, rounded at both ends, slightly oblique at the base, finely and sharply serrate, softly pubescent on the lower surface, or only on the veins and petiole , stipules ovate ; calyx of the sterile flowers scale-like ; fruiting aments ovoid, long-peduncled ; fruit winged. High mountains of North Carolina, and northward. April. — A low much branched shrub. Leaves 1'- 2' long. ORDER 131. SAL.ICACEJE. (WILLOW FAMILY.) Trees or shrubs, with soft wood, alternate simple stipulate leaves, and dioecious amentaceous flowers, destitute of calyx and corolla, each solitary in the axil of a simple bract. Stamens 2 - many. Ovary 1-celled or im- perfectly 2-celled, with numerous erect anatropous ovules in each cell. Styles 2, very short, more or less united: stigmas 2-lobed. Fruit a 2-valved many-seeded capsule. Seeds minute, clothed with long silky hairs. Albumen none. Cotyledons elliptical, flattened. Radicle point- ing downward. 1. SALIX, Tourn. WILLOW. Bracts of the aments entire. Flowers each with 1-2 small glands. Stamens 2-6, free, or their filaments cohering at the base. Stigmas short, 2-lobed. — Leaves commonly narrow, short-petioled. Stipules scale-like and deciduous, or leafy and persistent. Buds covered with a single scale. Aments mostly erect, appearing with or before the leaves. 430 SALICACE^E. (WILLOW FAMILY.) * Aments small, sessile : ovary silky : stamens 2. — Low canescent shrubs, with small leaves, Aments developed before the leaves. 1. S. tristis, Ait. Leaves very numerous, lanceolate, obtuse or acute, entire or wavy, at least on the margins, tapering at the base, nearly sessile, cov- ered with a grayish down, at length smoothish above ; stipules minute, caducous ; flowering aments small, globular ; the oval bracts hairy on the margins ; style short; ovary slender, long-beaked. — Dry barren soil, in the upper districts of Georgia, and northward. March and April. — Shrub l°-2° high. Leaves 1'- 2' long. 2. S. humilis, Marshall. Leaves lanceolate, obtuse or abruptly pointed, narrowed into a petiole, smoothish above, grayish-pubescent beneath, often slightly serrate near the summit ; stipules small, semi-cordate or lunate, entire or toothed ; flowering aments ovoid or oblong, often drooping, with the lanceolate bracts villous ; style conspicuous ; ovary slender. (S. conifera, Muhl. S. Muh- lenbergiana, Willd.) — Barren soil in the upper districts, and northward. March. — Shrub 2° - 4° high, often bearing cone-like excrescences. 3. S. rosmarinifolia, L. Leaves linear-lanceolate, nearly entire, flat, pubescent above, silky beneath ; ovary lanceolate, villous ; styles elongated. — Swamps and low ground, Florida ? and northward. — Shrub 2° - 4° high. Branches silky. Leaves 1'- 2' long. Stipules subulate. Bracts oblong, obtuse, hairy on the margins. * * Aments large, cylindrical, sessile, sillcy-villous, developed before the leaves : ovaries woolly. — Large shrubs. 4. S. discolor, Muhl. Branchlets pubescent; leaves oblong, petioled, acute at each end, serrate in the middle, smooth and shining above, glaucous beneath ; stipules semi-lunar, toothed ; aments woolly, with glossy hairs ; sta- mens 2 ; ovary white-silky, sessile. — Low ground, Carolina, Pursh, and north- ward. April. — Shrub 8° -10° high. Leaves 2' -4' long. Aments l'-l£' long. * * * Aments large, cylindrical, on leafy peduncles or branchlets, appearing with the leaves : ovaries smooth, stalked. 5. S. Floridana, n. sp. Leaves ovate-lanceolate, acute, smooth above, glaucous beneath, finely sen-ate, rounded at the base, the petioles pubescent ; stipules small, caducous ; fruiting ament oblong, dense ; capsule ovate-lanceolate, smooth. — Kocky banks, West Florida, fruiting in April. — Shrub 8° - 12° high. Leaves thin, 2' -3' long. Fruiting aments 2' -3' long, 1' in diameter, enveloped in the copious wool of the seeds. Flowers not seen. 6. S. nigra, Marshall. Leaves lanceolate, acute at each end, serrate, peti- oled, pubescent when young, becoming smoothish and green on both surfaces ; stipules small and caducous, or sometimes lunate, toothed, and persistent ; aments elongated, the fertile ones slender, loose-flowered ; bracts deciduous ; sta- mens 3-6, hairy below ; capsule ovate, acuminate, pointed by the conspicuous style. (S. Houstoniana, Pursh.) — Swamps and muddy banks of rivers, Florida, and northward. A shrub or small tree, with brittle branches. Leaves 2' - 3' CONIFERS. (PINE FAMILY.) 431 long, sometimes pubescent at maturity, like the branchlets. Fertile aments 3' - 4' long. The WEEPING-WILLOW (S. Babylonica, Tourn.), and the YELLOW WILLOW or GOLDEN OSIER (S. vitcllina, Smith), are introduced species. 2. POPULUS, Tourn. COTTON-WOOD. POPLAR. ASPEN. Bracts of the aments toothed or lobed. Flowers from an oblique cup-shaped disk. Stamens few or numerous, with the filaments free. Stigmas elongated, 2-parted. — Trees. Leaves ovate or roundish, on long and often laterally com- pressed petioles. Buds covered with imbricated, often resinous-coated scales. Aments slender, drooping, appearing before the leaves. 1. P. angulata, Ait. Branches thick, smooth, and sharply angled ; leaves large, smooth, deltoid-ovate, acute or slightly acuminate, truncate at the base, obtusely serrate with incurved teeth ; the conspicuous veins and compressed peti- ole yellowish. — Banks of rivers, Florida, and northward. March and April. — A large tree. Leaves 6' - 8' long, longer than the petiole. 2. P. grandidentata, Michx. Branches terete; leaves round-ovate, acute, sinuate-toothed, hoary-tomentose when young, like the branchlets, at length smooth, scarcely longer than the slender compressed petiole; fruiting aments elongated, pubescent. — Low woods in the upper districts, and northward. March and April. — A middle-sized tree, with smooth gray bark. Leaves 3' - 5' long, and nearly of the same width. 3. P. heterophylla, L. Branches terete; leaves ovate, mostly obtuse, serrate, with obtuse, incurved teeth, rounded or with a small sinus at the base, hoary-tomentose on both sides when young, like the nearly terete petioles and branchlets, at length only on the veins beneath ; fruiting aments smooth. — River-swamps in the middle and upper districts, Mississippi to North Carolina, and northward. March and April. — A large tree. Leaves 3' -5' long. The LOMBARDY POPLAR (P. dilatata, Ait.), and the WHITE POPLAR (P. alba, L.), are introduced species. SUBCLASS II. GYMNOSPERM^E. Ovules naked (not enclosed in an ovary), commonly sup- ported by an open scale or leaf, and fertilized by the direct application of the pollen. Cotyledons often more than two. ORDER 132. CONIFERJE. (PINE FAMILY.) Trees or shrubs, with branching stems, composed of glandular or disk- bearing woody tissue without ducts, resinous juice, linear or needle-shaped 432 CONIFERS. (PINE FAMILY.) mostly persistent leaves, and monoecious or dioecious amentaceous flowers. Calyx and corolla none. Ovules orthotropous. Fruit a cone or drupe, Embryo in the axis of the albumen. Cotyledons 2 or more. Synopsis. SUBORDER I. ABIETINEJE. Fertile flowers consisting of numer- ous bracted imbricated carpellary scales, bearing two collateral inverted ovules at their base, and forming a cone in fruit. Buds scaly. 1. PINUS. Leaves 2 - 5 in a cluster, mostly elongated, sheathed at the base. 2. ABIES. Leaves single, short, destitute of a sheath. SUBORDER H. CUPKESSINEJE. Fertile flowers consisting of few bractless mostly peltate carpellary scales, bearing one or several erect ovules at their base, becoming fleshy or indurated, and forming in fruit a drupe or cone. Buds naked. 3. JUNIPERUS. Fruit a drupe. Leaves minute, imbricated. 4. CUPRESSUS. Fruit a globular cone, with peltate scales. Leaves imbricated, persistent. 5. TAXODIUM. Fruit a globular cone, with peltate scales. Leaves spreading, on slender deciduous branchlets. 6. THUJA. Fruit an oblong cone, with imbricated oblong scales. Leaves minute, imbri- cated on the flattened branches, persistent. SUBORDER m. TAXINE^E. Fertile flower solitary, without a car- pellary scale. Fruit a drupe. Buds scaly. 7. TAXUS. Drupe surrounded by a fleshy cup. Albumen homogeneous. 8. TORREYA. Drupe naked. Albumen ruminated. 1. PINUS, Tourn. PINE. Flowers monoecious. Sterile aments spiked or clustered. Stamens numer- ous on the axis, with very short filaments : anthers with a scale-like connective, 2-celled, opening lengthwise. Fertile aments terminal, single or clustered. Car- pellary scales in the axils of deciduous bracts, each bearing two collateral in- verted ovules at the base, indurated in fruit, and forming a cone ; the apex commonly thickened, angular, and spiny. Seeds nut-like, lodged in an excava- tion at the base of the scale, and furnished with a thin deciduous wing. Embryo in the axis of oily albumen. Cotyledons 3-12, linear. — Trees. Leaves ever- green, needle-shaped, 2-5 in a cluster, their bases enclosed hi a thin scarious sheath. * Leaves two in each sheath. 1. P. pungens, Michx. (TABLE-MOUNTAIN PINE.) Leaves from a short sheath, crowded, short and rigid ; cones large, commonly 3-4 in a whorl, ovate, sessile, the thick scales pointed at the apex, and armed with a very stout spine, which on the upper scales is incurved, on the lower ones recurved. — Mountains, rarely west of the Blue Ridge, Georgia to North Carolina, and northward. — A CONIFERS. (PINE FAMILY.) 433 tree 40° - 50° high, with rigid and irregular branches. Leaves about 2' long. Cones 3' long, yellowish-brown. Buds resinous. 2. P. inops, .Ait. (JERSEY or SCRUB PINE.) Branchlets smooth and glaucous ; leaves from short sheaths, scattered, short and rigid, flat on the inner face; cones solitary, conical-oblong, mostly reflexed, short-pedunclcd ; scales armed with a straight subulate rigid spine. — Dry sandy or gravelly ridges in the middle districts, South Carolina, and northward. — A tree 15° -30° high, with rough blackish bark, and spreading or recurved flexible branches. Leaves l'-2' long, .dark green. Cones light brown, about 2' long, opening at ma- turity. 3. P. glabra, Walt. Branches and branchlets smooth, whitish; leaves slender, scattered ; cones generally solitary, somewhat cylindrical ; spines nearly obsolete. — In close rich soil, near Black Oak, South Carolina, Ravenel. — A tree 40° - 60° high, with smoothish bark and soft white wood, branching from near the ground. Leaves 3' - 4' long. Cones about 2' long. " "Wings of the seed lighter colored, more tapering, longer and less gibbous than those of P. mitis." This species of Walter, long overlooked, but lately revived by Mr. Ravenel, is, if I mistake not, not uncommon in the low hummocks of this State, and is distinguished here,'as in South Carolina, as the SPRUCE-PINE. 4. P. mitis, Michx. (SHORT-LEAVED PINE.) Leaves from a long sheath, crowded, very slender, concave on the inner face, dark green ; cones small, mostly solitary, oval or conical-oblong ; the thin scales flattened at the apex, and armed with a weak incurved spine. (P. variabilis, Pursh.) — Light clayey soil, Florida, and northward. — A large tree, with rough bark, and fine-grained valuable wood. Leaves 3' - 5' long, sometimes three in a sheath. Cones light brown, about l£' long, opening at maturity. Wings of the seed reddish. * * Leaves three in each sheath. 5. P. rigida, Miller. (Pixcn-PiNE.) Leaves crowded, from a very short sheath, rigid, flattened on the inner face ; cones single or clustered, sessile, ovate, the scales armed with a short and rigid recurved spine. — Sandy barren soil in the upper districts, and northward. — A small or middle-sized tree, with thick blackish rugged bark, and hard resinous wood. Branches numerous, rigid, rough with the persistent bases of the leaf-bracts. Leaves 3' - 5' long. Cones 2' -3' long, light-brown. 6. P. serotina, Michx. (PoND-PiNE.) Leaves somewhat crowded, from a short sheath, elongated ; cones mostly opposite, round-ovate, sessile ; the scales rounded at the apex, and armed with a very small and weak spine. — Borders of ponds and swamps in the lower districts, Florida to North Carolina. — A small tree, with rough bark and sappy valueless wood. Leaves 5' -8' long. Cones 2' - 3' long. 7. P. Tseda, L. (LOBLOLLY or OLD-FIELD PINE.) Branches scaly; leaves from a long sheath, slender, elongated ; cones large, solitary, oblong- conicalj with the scales armed with a short and rigid straight spine. — Light 37 434 CONIFERS. (PINE FAMILY.) and mostly damp soil, Florida to North Carolina. — Commonly a lofty tree, with very thick and furrowed bark, and valuable, but sparingly resinous wood ; but in old fields low, with spreading branches. Leaves 6'- 10' long, rarely 2 or 4 in a sheath, dark green. Cones 3' - 5' long. 8. P. australis, Michx. (LONG-LEAVED or YELLOW PINE.) Leaves very long, from long sheaths, crowded at the summit of the thick and very scaly branches ; cones large, cylindrical or conical-oblong, the thick scales armed with a short recurved spine. (P. palustris, L., the prior but inappropriate name.) — Sandy soil, constituting almost the entire growth of the Pine Barrens. — A lofty tree, with thin-scaled bark, and very valuable resinous wood, dividing near the summit into few spreading branches. Leaves 10' -15' long. Leaf-bracts sca- rious, fimbriate. Cones 6'- 10' long. * # ^ Leaves Jive in each sheath. 9. P. Strobus, L. (WHITE PINE.) Leaves slender, from a very short and deciduous sheath ; cones long, cylindrical, recurved, with the loosely im- bricated scales neither thickened nor spiny at the apex. — A tree of moderate dimensions on the mountains of Georgia and North Carolina, but northward one of the loftiest of trees, and greatly valued for its soft white wood. Leaves 3' - 4' long. Cones 4' - 6' long. 2. ABIES, Tourn. SPRUCE. FIB. Chiefly as in Pinus, but the aments mostly solitary ; anthers opening length- wise or transversely ; scales of the cone not thickened at the apex, nor spiny ; wings of the seed persistent. — Leaves single, short. * Cones lateral, erect; with the scales deciduous at maturity: anther-cells opening transversely. 1. A. Fraseri, Pursh. (SILVER or BALSAM FIR.) Leaves somewhat distichous, linear, flattened, obtuse or emarginate, whitened beneath, the lower ones somewhat recurved, the uppermost erect ; cone oblong-ovate ; bracts long, oblong-wedge-shaped, short-pointed, reflexed at the summit. — High mountains of North Carolina, and northward. — A small tree. Leaves 6" - 8" long. Cones 1'- 2' long. * * Cones terminal, pendulous, with the scales persistent : anther-cells opening lengthwise. 2. A. Canadensis, Michx. (HEMLOCK-SPRUCE.) Leaves distichous, flat, linear, obtuse, dark green above, whitened beneath ; cones small, oval or oblong, with the few scales smooth and entire. — High mountains of North Car- olina, and northward. — A large tree with the horizontal branches gradually diminishing upward, forming a pyramidal spray. Leaves £' long. Cones 8"- 9" long. 3. A. nigra, Poir. (BLACK SPRUCE.) Leaves scattered on all sides of the branches, needle-shaped, 4-sided, erect, dark green; cone ovate or ovate- CONIFERS. (PINE FAMILY.) 435 oblong ; the scales with a thin wavy or denticulate margin. — High mountains of North Carolina, and northward. — A tall but slender tree. Leaves £' long, rigid. Cones 1 ' - 1 £' long. 4. A. alba, Michx. (WHITE SPRUCE.) Leaves inserted on all sides of the branches, needle-shaped, 4-sided, incurved, light green ; cones oblong-cylin- drical, with the scales entire. — High mountains of North Carolina, and north- ward. — A small tree, with more slender and less crowded leaves than those of the preceding. Cones l'-2' long. 3. JUNIPERUS, L. JUNIPER. Flowers mostly dioecious. Aments lateral and terminal, small, few-flowered. Stamens several : anther-cells 3-6, inserted beneath the peltate scale, opening lengthwise. Carpellary scales 3-6, 1-3-ovuled, partly united, fleshy, and forming in fruit a berry-like drupe containing 1-3 erect bony seeds. Cotyle- dons 2, oblong. — Trees, with subulate or scale-like persistent leaves. 1. I. Virginiana, L. (RED CEDAR.) Branches terete; leaves opposite or by threes, minute, rhombic-ovate, closely imbricated, depressed on the back ; those on young shoots subulate and spreading; drapes small, blue, 1 -2-seeded. — Dry, rocky, or even wet soil, Florida, and northward. March. — A small tree, with reddish, fine-grained, durable, and odorous wood, and spreading branches. Leaves dark green. 4. CUPRESSUS, Tourn. CYPRESS. Flowers monoecious. Aments terminal, few-flowered. Anther-cells 2-4, inserted under the lower edge of the peltate scale, opening lengthwise. Carpel- lary scales peltate, bearing several erect ovules on their stalks, becoming woody in fruit, and forming a globular dehiscent cone. Seeds winged at each end. Cotyledons 2 - 3, obtuse. — Trees, with minute imbricated leaves. 1. C. thyoides, L. ("WHITE CEDAR.) Branchlets compressed, crowded, distichous ; leaves ovate, imbricated in 4 rows, with a roundish gland on the back ; anther-cells two under each scale ; cones small. — Swamps, Florida, and northward. April. — A middle-sized tree, with fibrous bark, and light durable wood. Branches spreading. Cones 3" - 4" in diameter, borne on short scaly stalks. 5. TAXODIUM, Richard. CYPRESS. BALD-CYPRESS. Flowers monoecious. Sterile aments small, in a long drooping spiked panicle. Scales peltate. Anther-cells 2-5, opening lengthwise. Fertile aments single or by pairs, with the peltate scales 2-ovuled. Cone globular. Scales very thick, angular, slender-stalked, separating at maturity. Seeds 3-angled, wingless. Cotyledons 6-9, linear. — Trees, with distichous deciduous leaves. 1. T. distichum, Rich. Leaves alternate, opposite, or whorled, on very numerous short and slender deciduous branchlets, linear, acute, 2-ranked or ira- 436 CONIFERS. (PINE FAMILY.) bricated. ( Cupressus disticha, L. } — Ponds and deep swamps. Florida, and northward. Feb. and March. — A very large tree, with pale smoothish bark, light durable wood, and few fastigiate branches at the summit. Leaves 4" - 6" long. Cones |' - 1' in diameter. Attached to the roots are hollow conical knobs called Cypress-Knees. 6. THUJA, Tourn. ARBOR-VIT.E. Flowers monoecious. Aments small, terminal. Anther-cells 4, with a scale- like connective. Carpellary scales imbricated in four rows, with two erect ovules at the base. Cone oblong, the few scales imbricated, expanding at maturity, persistent. Seed winged. Cotyledons 2, oblong. — Trees or shrubs, with scale- like imbricated persistent leaves. 1. T. OCCidentalis, L. (ARBOR-VIT^E.) Branches flat, distichous ; leaves ovate, obtuse, with a gland on the back, imbricated in four rows ; cones oblong, nodding, with the outer scales oblong, obtuse ; seeds broadly winged, emarginate at each end. — Rocky banks on the mountains of Carolina, and northward. — A small or middle-sized tree. Cones £' long. 7. TAXUS, Tourn. YEW. Flowers dioecious, axillary; the sterile ones in globular few-flowered aments. Anther-cells 3-8, inserted under the peltate scale. Fertile flowers solitary, scaly-bracted, consisting of a single ovule on a cup-shaped disk, which becomes large and berry-like in fruit, and surrounds the nut-like seed. Embryo in the axis of mealy albumen. — Trees or shrubs, with scattered branches, linear rigid distichous leaves, and scaly buds. 1. T. Floridana, Nutt. Leaves narrowly linear, mucronate, conspicuously petioled (about 9" long), the outer margin revolute; fruit abundant; the fleshy disk of the seed bright red. — Banks of the Apalachicola River, Middle Florida. — A small tree, 10° -20° high. 8. TORRE YA, Arnott. Flowers dioecious, axillary; the sterile ones in globose or oblong aments. Anther-cells 4, inserted under the peltate scale. Fertile flowers solitary, con- sisting of a solitary ovule surrounded with imbricated persistent scales. Disk none. Seed large, ovoid, naked. Embryo at the apex of hard ruminated albu- men. Cotyledons 2, linear. — Trees, with whorled branches. Leaves distichous, rigid, persistent. Buds scaly. I. T. taxifolia, Am. Branchlets opposite, 2-ranked ; leaves linear, spiny- pointed, nearly sessile, light green ; sterile aments yellow, crowded ; seed ovoid, drupe-like. — Rich soil, along the east bank of the Apalachicola River, Middle Florida. March. — A middle sized tree, with durable strong-scented wood, and horizontal branches. Leaves very rigid, and pungent, 1' long. Seed smooth and glaucous, similar in shape and size to a nutmeg. CYCADACE^E. (CYCAS FAMILY.) 437 ORDER 133. CYCADACE^E. (CYCAS FAMILY.) Trees or shrubs, with simple trunks, increasing by a terminal bud, like the Palms, and composed of a large pith, mixed with woody bundles or plates, enclosed in a cylinder of woody fibre and spiral vessels. Leaves pinnate, coiled in the bud, like Ferns. Flowers dioecious, destitute of calyx and corolla. Sterile flowers consisting of 1 -celled anthers inserted under the peltate scales of a cone-like ament. Fertile flowers consisting of naked ovules inserted under the scales like the sterile flowers, or on the margins of contracted leaves. Seed nut-like. Embryo in the axis of the albumen. Radicle ending in a long spiral cord. Cotyledons 2. 1. ZAMIA, L. Flowers in cone-like aments, with the peltate scales inserted on all sides of the common rachis. Anthers numerous. Ovules by pairs, pendulous. Seed round- ish, drupe-like. — Leaflets thickened at the base and articulated with the petioles, with numerous simple veins. 1. Z. integrifolia, Willd. (COONTIE.) Stem short, globular or oblong ; leaves petioled, spreading, with the numerous lanceolate or linear-lanceolate leaf- lets entire, or serrate near the apex ; aments oblong, obtuse, short-peduncled. — Low grounds, South Florida. — The stem abounds in starch, from which the Florida Arrowroot is obtained. CLASS II. 10NOCOTYLEDONOUS OB ENDOGENOUS PLANTS, Stems composed of cellular tissue and scattered bundles of woody fibre and vessels, destitute of proper pith, bark, or concentric layers, and increasing in diameter by the deposi- tion of new fibrous bundles. Leaves mostly alternate, entire, and parallel- veined, commonly sheathing at the base, seldom falling off by an articulation. Floral envelopes usually by threes. Cotyledons single. ORDER 134. PAL.MJE. (PALMS.) Chiefly trees, with a thick woody stem (caudex), growing by a terminal bud, pinnate or fan-shaped leaves, which are plaited in the bud, and a spadix of small perfect or polygamous flowers. Sepals and petals 3, free or more or less united, persistent. Stamens mostly 6, hypogynous or pe- rigynous : anthers 2-celled, introrse. Ovary 3-celled, commonly with a 37* 438 PALMES. (PALMS.) single erect orthotropous or anatropous ovule in each cell. Styles 3, mostly united : stigmas entire. Fruit a drupe or berry. Embryo cylin- drical, placed in a cavity of the hard albumen, near the circumference of the seed. — Stems erect or creeping. Leaves long-petioled. Spadix axillary. 1. SABAL, Adans. PALMETTO. Flowers perfect, sessile, bracted. Calyx cup-shaped, 3-cleft. Corolla 3- petalled. Stamens 6, hypogynous ; the filaments subulate, distinct. Anthers cordate-ovate, horizontal. Ovary 3-celled. Styles united, 3-angled : stigma capitate or obtuse. Fruit a 1 -seeded drupe. Embryo dorsal. Albumen ho- mogeneous, horny. — Stems simple or branched, erect or creeping. Leaves fan-shaped, long-petioled, with the divisions 2-cleft at the apex and often with long thread-like filaments interposed. Spadix long, branching, with sheathing spathes |it the joints. Flowers small, whitish, rigid. Drupe oblong or globose. Sheaths of the leaves commonly composed of dry interlaced fibres. 1. S. Palmetto, R. & S. (CABBAGE-PALMETTO.) Stem erect, tall, sim- ple, leafy at the summit ; leaves large, cordate in outline, pinnatifid-fan-shaped, recurved at the summit, mostly shorter than the smooth concave petiole ; the very numerous divisions deeply cleft, an (i with thread-like filaments at the si- nuses ; spadix smooth and spreading, commonly shorter than the leaves ; petals slightly united at the base ; style thick ; drupe globose. (Chamaerops Palmetto, Michx.) — Sandy soil along the coast, Florida to North Carolina. June. — Stem 20° - 40° high. Leaves 5° - 8° long, their bases long-persistent. Drupe black, 4" - 5" in diameter. 2. S. serrulata, R. & S. (SAW-PALMETTO.) Stem creeping, branching ; leaves circular in outline, fan-shaped, bright-green, shorter than the slender plano-convex more or less spiny-edged petiole; the numerous (15-30) erect divisions slightly cleft at the apex, and without thread-like filaments in the si- nuses ; spadix densely tomentose, much shorter than the leaves ; petals scarcely united; style slender; drupe ovoid-oblong. (S. minima, Nutt.? Chamasrops, Pursh.) — Sandy soil in the lower districts, Florida to South Carolina. June. — Stem 4° - 8° long. Leaves 2° - 4° high. Drupe black, 8" - 9" long. 3. S. Adansonii, Guerns. (DWARF PALMETTO.) Stem short, buried in the earth; leaves circular in outline, glaucous, fan-shaped, slightly pinnatifid, longer than the stout concave smooth-edged petiole; the numerous (20-30) divisions slightly cleft at the apex, sparingly filamentose at the sinuses ; spa- dix erect, smooth, slender, much longer than the leaves ; petals united at the base ; style thick ; drupe globose. (S. pumila, Ell.) — Low grounds in the lower districts, Florida to North Carolina. June and July. — Leaves 2° -3° high. Spadix 3° - 6° high. Drupe 4" in diameter, black. Nut hemispherical. 2. CHAM-SHOPS, L. Flowers polygamous, bracted. Calyx 3-cleft. Corolla 3-petalled. Stamens 6-9, with the filaments connate at the -base : 'anthers oblong. Ovaries 3, more ARACE^E. (ARUM FAJHILY.) 439 or less united. Stigmas acute, stigmatic on the inner face. Drupes 1-3, one- seeded. Embryo dorsal, in horny somewhat ruminated albumen. — Low palms, with fan-like long-petioled leaves, destitute of thread-like filaments. Sheaths soon dry and net-like. Spadix dense-flowered, branching. Spathe 2-4-leaved. Flowers yellowish. Drupe globose or ovoid. 1. C. Hystrix, Fraser. (BLUE PALMETTO.) Stem short, proliferous; leaves circular in outline, with numerous 2 - 4-toothed divisions, on triangular rough-edged petioles ; sheaths persistent, composed of oblique fibres interwoven with numerous erect strong spines ; spadix small, short-peduncled ; spathes about 4, oblong, woolly, acutely 2-lipped ; petals ovoid ; drupe ovoid. — Low shady woods in the lower districts, Florida to South Carolina. June and July. — Stem 2° -3° long, erect or creeping. Leaves somewhat glaucous, 3° -4° high. Spadix 6' -12' long. Partial spathes none. Drupe 6" -9" long. ORDER 135. ARACE^S. (ARUM FAMILY.) Acrid chiefly stemless herbs, from tuberous or creeping rootstocks, with entire or divided often veiny leaves, and perfect or monoscious flowers borne on a spadix, and commonly enclosed in a spathe. — Calyx and corolla wanting, or the former with scale-like sepals. Stamens short, hypogynous : anthers extrorse, commonly sunk in the thick connective. Ovary 1 - several-celled, with 1 -several ovules in each cell. Stigma ses- sile. Fruit fleshy, indehiscent. Embryo straight. Albumen mealy or fleshy, sometimes wanting. Synopsis. * Calyx and cordlla none. Spadix enclosed in a spathe. Flowers monoecious. •«- Fertile flowers numerous. Spadix free. 1. ARIS-3EMA. Spathe thin, convolute at the base, arching above. Spadix barren abote. Leaves 3 - several-lobed. 2. PELTANDRA. Spathe (green) thick, convolute throughout, wavy on the margins. Spa- dix flowering throughout Leaves sagittate. 3. XANTIIOiOMA. Spathe convolute at the base, open and white above. Spadix flowering throughout. Leaves sagittate. H- M- Fertile flower solitary. Spadix adnate to the spathe. 4. PISTIA. Free-floating aquatics. Fertile flowers solitary. * * Calyx manifest. Flowers perfect. H- Spadix enclosed in a spathe. 5. SYMPLOCARPUS. Spathe thick and fleshy, convolute, pointed. Spadix globular. Sepals and stamens 4. +- •»- Spadix naked. 6. ORONTIUM. Spadix terminating the club-shaped white-topped scape. 7. ACORUS. Spadix attached to the side of the flattened leaf-like scape. 1. ARIS-SIMA, Mart. INDIAN TURNIP. Spathe convolute below, dilated and commonly arched above, withering. Spadix covered below with monoecious flowers (the lower ones fertile), clon- 440 ARACE^E. (ARUM FAMILY.) gated and naked above. Calyx and corolla none. Stamens 4 in a whorl, very short : anther-cells 2-4, distinct, opening at the top. Ovary 1-celled, with 5-6 erect orthorropous ovules. Stigma sessile. Fruit a 1 - few-seeded scarlet berry. Embryo in the axis of mealy albumen. — Root tuberous. Petioles of the com- monly divided and veiny leaves elongated and sheathing the scape. Fruit-clus- ters naked. 1. A. triphyllum, Torr. (WAKE-ROBIN.) Leaves two, trifoliate ; leaf- lets sessile, oblong-ovate, acuminate ; spathe tubular, dilated, flattened and incurved above, acuminate, green, or variegated with white and purple, longer than the club-shaped obtuse often dioecious spadix. (Arum triphyllum, L.) — Low rich woods, Florida, and northward. March. — Plant 1° - 1£° high. Leaf- lets 3' - 6' long. Root depressed, rugose, intensely acrid. 2. A. polymorphum. Leaf solitary, 3 - 5-foliolate ; leaflets varying * from oblong to obovate, acute or slightly acuminate, nearly sessile, the lateral ones entire, 2-lobed or 2-parted to the base ; spathe, &c. as in the preceding. (Arum polymorphum, Buckley. A. quinatum, Nutt. ?) — Mountains of North Carolina. — Plant 1° - 1^° high. 3. A. Dracontium, Schott. (DRAGON-ROOT.) Leaf solitary, pedately 9 - 13-foliolate ; leaflets petioled, entire, lanceolate or oblong, acuminate ; spathe tubular (green), concave and erect above, much shorter than the very slender spadix. (Arum Dracontium, L.) — Rich woods, Florida, and northward. March and April. — Plant 1°- l£° high. Berries numerous on the flat rhachis, 1 - 3-seeded. 2. PELTANDKA, Raf. ARROW-ARUM. Spathe elongated, fleshy, convolute throughout, wavy on the margins, curved at the apex, persistent at the base. Spadix long, wholly covered by the mo- noecious flowers. Calyx and corolla none. Anther-cells 5-6, imbedded in the thick peltate connective, opening by a terminal pore. Ovary 1-celled, with sev- eral orthotropous ovules. Berry 1 - 3-seeded. Seed gelatinous, without albu- men. Embryo large. Plumule conspicuous, curved. — A fleshy stemless marsh herb, from a creeping rhizoma. Leaves sagittate, with the petiole sheathing the base of the thick scape. Fruit-clusters enclosed in the fleshy persistent base of the spathe. 1. P. Virginica, Raf. Leaves several, oblong, acute, finely veined, and with 2-3 intramarginal nerves, the lobes obtuse ; scapes shorter than the leaves recurved in fruit ; spathe lanceolate, acute, longer than the cylindrical spadix, both early decaying above the fertile flowers ; berries green, in a globose cluster, 1-seeded. (Arum Virginicum, L.) — Marshes and wet places, Florida, and northward. April and May. — Plant 1° high. Spatbes 2'- 4' long. 3. XANTHOSOMA, Schott. Spathe convolute at the base, straight. Spadix sterile in the middle. Calyx and corolla none. Anther-cells numerous, adnate to the conical truncate (ARUM FAMILY.) 441 connective, opening at the apex. Ovaries numerous, crowded, somewhat 4-ccllcd, with numerous horizontal ovules in each cell. Style short and thick : stigma broad, depressed, lobed. Berry red, many-seeded. — Herbs. Petioles of the sagittate leaves sheathing the base of the scape. 1. X. sagittifolium, Schott. Stemless ; leaves glaucous, hastate-cordate, acuminate, the lobes oblong, obtuse ; spathe hooded at the summit, oval-lanceo- late, white, longer than the spadix. — Marshes and springy places, near Savan- nah, Elliott, and Wilmington, Curtis. May and June. 1J. — Root tuberous. Petioles 12'- 15' long. Leaves 5' -7' long, the lobes somewhat spreading and generally obtuse. Scape as long as the petioles. 4. PISTIA, L. Spathe tubular at the base, spreading above, united with the spadix. Flowers few, monoecious, the upper ones staminate and supported by a cup-shaped invo- lucre ; the fertile solitary. Calyx and corolla none. Anther-cells 3-8, opening transversely. Ovary 1-celled, with several erect orthotropous ovules. Stylo thick: stigma disk-like. Berry few -many-seeded. Embryo at the apex of the albumen. — Small free-floating aquatic herbs, with fibrous roots, and entire clustered spreading leaves, with the flowers in their axils. 1. P. spathulata, Michx. Leaves arranged in a circle, round-obovate, abruptly contracted into a short petiole, with the nerves projecting beneath (la- melliform) ; roots numerous, elongated; spathe short-pedunclcd, white. — In still water, East Florida, and westward. — Leaves l'-2' long. 5. SYMPLOCABPUS, Salisb. SKUNK-CABBAGE. Spathe hooded-shell-form, acuminate, fleshy, early decaying. Spadix pedun- cled, globose, covered with the perfect flowers. Sepals 4, hooded, berry-like in fruit. Corolla none. Stamens 4 : anthers 2-celled, opening lengthwise. Ovary 1-celled, 1-ovuled. Style pyramidal, 4-angled ; stigma minute. Berries with the sepals united in a mass. Seeds globose, without albumen. Embryo thick and fleshy. — Perennial garlic-scented herbs, from a deep and thick rhizoma, with large stout-petioled veiny leaves, and nearly sessile spathes, appearing be- fore the leaves. 1. S. foetidus, Salisb. Leaves thin, oval, cordate, short-petioled ; spathe ovate, incurved, spotted with purple and yellow; spadix dull-purple, much shorter than the spathe, enlarged in fruit. (Pothos foetidus, Michx.) — Bogs and swamps, North Carolina, and northward. Feb. and March. — Leaves l°-2° long. Spathe 2' - 4' long. Spadix in fruit 2' - 3' in diameter. Seeds about the size of a pea. 6. ORONTIUM, L. GOLDEN-CLUB. Spathe none. Spadix cylindrical, covered with the yellow perfect flowers. Sepals and stamens 4-6. Anthers 2-celled, opening lengthwise. Ovary 1-celled, 442 LEMNACE^E. (DUCKWEED FAMILY.) with a single amphitropous ovule. Stigma minute, sessile. Fruit green. Seed without albumen. Embryo thick and fleshy. — A perennial aquatic herb, with oblong long-petioled leaves, and a yellow erect spadix terminating the club- 1. O. aquaticum, L. Rhizoma deep, fleshy; leaves acute, nerved, on stout terete petioles ; scape terete, thickened upward, white beneath the spadix, sheathed below, commonly curved. — Ponds and slow-flowing streams, Florida, and northward. March and April. — Leaves about 1° long. Scape l°-2° long. Spadix 1' - 2' long ; the upper flowers mostly tetrandrous. 7. ACORUS, L. CALAMUS. SWEET FLAG. Scape flattened, leaf-like, with the lateral sessile spadix covered with the per- fect flowers. Spathe none. Sepals and stamens 6. Corolla none. Filaments slender: anthers kidney-shaped, 1-celled, opening transversely. Ovary 2-3- celled, with several orthotropous suspended ovules in each cell. Stigma minute. Fruit dry, gelatinous within, 1 - few-seeded. Embryo in the axis of the albu- men. — Perennial herbs, from a creeping aromatic rhizoma. Leaves erect, long, flattened, 2-edged. Scape leaf-like, elongated above the spadix. 1. A. Calamus, L. — Wet places, Florida, and northward, apparently in- troduced. April. — Rhizoma rather slender, pungent. Leaves l°-2° high, linear-lanceolate. Scape narrower than the leaves. Spadix cylindrical, yellow- ish, 2' - 3' long, spreading. ORDER 136. LiEMNACE^E. (DUCKWEED FAMILY.) Minute aquatic floating plants, with lenticular proliferous stems (fronds), and usually simple roots, pendent from beneath. Flowers monoecious, mostly from a marginal cleft of the stem. Spathe membranaceous, pitcher-shaped, bursting into two unequal lobes, soon vanishing, commonly enclosing two sterile flowers, which are reduced to single slender filaments bearing a 2-celled anther, and a single sessile 1-celled ovary, which forms in fruit a 1-7-seeded utricle. Embryo straight, in the axis of fleshy albumen. 1. LEMNA, L. DUCKWEED. Spathes marginal, 3-flowered. Anthers opening transversely Stigma funnel- form. Ovules erect from the base of the cell, anatropous or half-anatropous. — Stems increasing by lateral buds. Roots terminating in a calyptre-like append- age. — The flowers of these plants are seldom seen. 1. L. minor, L. Stems pale, round-obovate, flattened, single or variously clustered ; root single ; ovule solitary, half-anatropous ; seed horizontal. — Pools, ditches, &c., Florida, and northward ; common near the coast, and probably intermixed with L. perpusilla, Torr. — Stems l"-2" long. TYPHACE^:. (CAT-TAIL FAMILY.) 443 2. L. polyrhiza, L. Stems roundish or obovate, flat and pale above, convex and dark purple beneath, clustered ; roots numerous, clustered ; ovules 2. — Ponds, Florida, and northward. — Less common than the preceding. Stems 2" -4" long. ORDER 137. TYPHACE^E. (CAT-TAIL FAMILY.) Simple-stemmed marsh herbs, with elongated strap-shaped nerved leaves, and monoecious flowers, on a globular or cylindrical spadix, desti- tute of floral envelopes, but enveloped in copious pappus-like hairs or scales. Spathe bract-like or none. Anthers single or 2 - 4 together, on long and slender filaments. Ovary 1-celled, with a single suspended anatropous ovule. Style slender. Fruit nut-like. Embryo straight in copious albumen. — Sterile spadix placed above the fertile, continuous or distant. 1. TYPHA, Tourn. CAT-TAIL. Flowers densely crowded on a long cylindrical terminal spadix, enveloped in copious pappus-like hairs ; the sterile ones sessile on the upper part of the spa- dix, the fertile on slender stalks. Style filiform : stigma lateral. Embryo cylin- drical, in the axis of fleshy albumen. — Stems straight, from a thick rhizoma, clothed below with the sheathing bases of the elongated linear leaves. Spathes bract-like and deciduous, or none. 1. T. latifolia, L. Stem terete, jointed below; leaves nearly as long as the stem, erect, flat, reticulated and somewhat glaucous ; sterile and fertile por- tions of the spadix contiguous, cylindrical. — Margins of ponds and rivers, Florida, and northward. July and Aug. — Stem 4° - 6° high, scape-like above. Leaves about 1' wide. Spadix about 1° long. — T. angustifolia, L., if found within our limits, may be known by narrower leaves which are channelled near the base, and by the interval which separates the sterile and fertile portions of the spadix. 2. SPARGANIUM, L. BUR-REED. Flowers densely crowded in globular heads, surrounded by several scales like a calyx ; the upper heads sterile, naked, the lower fertile and commonly bracted. Ovary sessile, pointed by the short persistent style. Stigma lateral. Fruit nut- like. Embryo cylindrical, in the axis of fleshy albumen. — Marsh or aquatic plants, with erect stems, and long strap-shaped sessile leaves, the lowest ones sheathing. Heads of flowers scattered. 1. S. ramosum, Huds. ? Leaves flat, obtuse, the upper ones gradually shorter, concave and clasping at the base, the lower sheathing and elongated ; heads 5-9, disposed in axillary and terminal interrupted spikes ; the lowest one larger and pistillate, the others wholly staminate ; scales wedge-shaped ; stigma subulate, simple. (S. Americanum, Ell.) — Lagoons and ditches, Florida, and northward. July. — Stem 2° -3° high. Leaves as long as the stem, 8" -12" wide. Heads of fertile flowers 8" - 10" in diameter. 444 NAIAD ACE.E. (POND WEED FAMILY.) ORDER 138. NAIADACE7E. (PONDWEED FAMILY.) Aquatic herbs, with slender jointed leafy immersed stems, and perfect monoecious or dioecious flowers, destitute of floral envelopes, or with a scale-like calyx. Stamens 1-4: anthers 1-4-celled. Ovary 1-cclled, forming a 1-seeded achenium in fruit. Stigmas 1-4. Seed without al- bumen. Embryo straight, curved, qr coiled. — Leaves sheathing, or with sheathing stipules. Flowers commonly enclosed in a spathe. Synopsis. * Flowers monoecious or dioecious. 1. NAIAS. Stigmas 2-4. Flowers naked. Leaves opposite or whorled. 2. ZOSTERA. Stigmas 2. Flowers enclosed in a spathe. Leaves alternate. 3. ZANNICIIELLIA. Stigma single, peltate. Ovaries 4, from a cup-like involucre. * * Flowers perfect. 4. RUPPIA. Fruit long-peduncled, umbellate. Calyx and corolla none. 5. POTAMOGETON. Fruit sessile, spiked. Calyx 4-leaved- 1. NAIAS, L. Flowers monoecious or dioecious, axillary, sessile, destitute of calyx and co- rolla. Sterile flower monandrous, enclosed in a spathe. Anther 4-celled, open- ing at the apex, the filament lengthening. Fertile flower naked ; the sessile ovary pointed with the slender style. Stigmas 2-4, subulate. Ovule erect. Achenium minute. Embryo straight. Radicle inferior. — Stems filiform, fork- ing. Leaves opposite or whorled, linear, dilated into a short sheath at the base. Flowers solitary, minute. 1. "N. flexilis, Rostk. Stem immersed (1°- 2° long) ; leaves 3 in a whorl, narrow-linear, membranaceous, spreading, minutely denticulate on the margins, the lower ones often remote; stigmas 3 -4; achenium elliptical, acute, smooth, yellowish. (Caulinia flexilis, Willd.} — In ponds and still water, South Caro- lina, and northward. July and Aug. — Leaves about 1' long. Var. ? fusiformis. Stem (6' -12' long) almost capillary, very leafy throughout; leaves opposite, approximate, spreading or recurved (2" -4" long) ; achenium narrowly spindle-shaped, finely reticulated, brownish. — Brackish water along the coast. West Florida. July and Aug. 2. ZOSTERA, L. EEL-GBASS. Flowers monoecious, naked ; the sterile and fertile ones alternately arranged on the anterior edge of a flattened membranaceous spadix, and enclosed in the sheath-like base of the leaves. Anthers oblong, 1 -celled, filled with fine filaments instead of pollen-grains. Ovary fixed near the apex, containing a single pen- dulous orthotropous ovule, and pointed with the subulate persistent style. Stig- mas 2, capillary. Utricle bursting irregularly. Seeds striate. Cotyledons in- flexed-curved, received in a longitudinal cleft of the embryo, — Marine herbs, with creeping stems, and narrowly linear obtuse and elongated sheathing leaves. XAIADACE2E. (PONDWEED FAMILY.) 445 1 . Z. marina, L. Stem slender, terete, jointed ; leaves thin and tender, faintly 3 - 5-nerved ; flowers in two rows on the linear spadix. — Deep salt- water coves. West Florida, and northward. Aug. and Sept. 3. ZANNICHELLIA, L. Flowers monoecious, axillary. Sterile flower consisting of a solitary naked filament bearing a 2 - 4-celled anther. Fertile flower from the same axil, com- posed of 2 - 6 sessile 1-celled ovaries, surrounded by a cup-shaped involucre, and pointed with the slender style. Stigma obliquely peltate. Ovule suspended, orthotropous. Achenium oblong, stalked. Embryo slender, coiled. — Sub- merged aquatic plants, with filiform branching stems, and very narrow and entire alternate leaves, with sheathing stipules. 1. Z. palustris, L. Stems tufted, filiform, alternately branched; leaves narrowly linear, entire, acute, 1 -nerved ; anther 2-celled, on a long and slender filament; achenia 3-6 in a cluster, commonly raised on a short common pe- duncle, each stalked, linear-oblong, somewhat compressed aud curved, smooth and wingless, about one third longer than the persistent style. — Fresh or brack- ish water, West Florida, and northward. May -Aug. — Stems l°-3° long. Leaves 1' - 2' long. 4. RUPPIA, L. DITCH-GRASS. Flowers perfect, naked, two or more on a slender spadix, enclosed in the spathe-like sheaths of the leaves, but soon long-exserted. Stamens 2, closely sessile : anther-cells large, distinct. Ovaries 4, sessile, containing a single sus- pended campylotropous ovule. Stigma peltate. Achenium stalked, obliquely ovate. Embryo pointed by the short plumule. — Salt-water herbs, with filiform branching stems, and alternate linear or bristle-like sheathing leaves. 1 . R. mar itima, L. — In shallow water, along the coast, Florida, and northward. May -Aug. — Stems immersed, l°-3° long, mostly creeping at the base. Leaves filiform, l'-3' long, with dilated membranaceous sheaths. Fruiting peduncles l'-4' long. Achenium pointed. 5. POTAMOGETON, Tourn. PONDWEED. Flowers perfect, spiked. Sepals 4, roundish, valvate in the bud. Stamens 4, opposite the sepals : filaments short : anthers 2-celled. Ovaries 4, sessile. Ovules ascending, campylotropous. Style short or none : stigma peltate. Achenia 1-4, compressed. Embryo curved or coiled. — Aquatic herbs, with immersed slender and jointed stems. Leaves stipulate, alternate and opposite, either all immersed fmd commonly membranaceous, or the upper ones floating and more rigid. Spikes peduncled, axillary and terminal. * Leaves all immersed and alike. •«- Leaves filiform . 1 . P. pectinatllS, L. Stem slender, flexuous ; the branches diffusely forking, distichous ; leaves long, thickish, slightly channelled, approximate on 38 446 NAIADACE^:. (PONDWEED FAMILY.) the branches ; stipules small, united with the long and sheathing base of the leaves ; spikes slender, interrupted, on long filiform peduncles ; achenium obovate, smooth, slightly compressed, keeled on the back. -—Fresh or brackish water, West Florida, and northward. June - Aug. — Stems 2° - 3° long. Leaves 3' - 4' long. Spikes 1 ' - 2' long. 2. P. pauciflorus, Pursh. Stem very slender, flattened, sparingly branched; leaves scattered, thin, 3-nerved, sessile ; stipules free from the leaves, connate, sheathing ; spikes short-peduncled, 4 - 6-flowered, globose in fruit ; achenium round-obovate, short-pointed, keeled and sinuate-toothed on the back. — Shallow ponds, Georgia, and northward. July and Aug. — Stem 1° - 2° long. Leaves 1'- 2' long. Peduncles £'- 1' long. •<- -i- Leaves lanceolate or cordate : stipules free, sheathing. 3. P. perfoliatus, L. Stem terete, branching, very leafy ; leaves ovate, cordate, clasping, obtuse, many-nerved, those at the branches and peduncles opposite ; spikes lateral and terminal, oblong, densely many-flowered, on stout peduncles 2-3 times as long as the leaves ; achenium obliquely obovate, rounded on the back, short-pointed. — Fresh or brackish water, West Florida, and north- ward. July - Sept. — Stems 1° - 2° long. Leaves 6" - 8" long. 4. P. lucens, L. ? Stems sparingly branched ; leaves lanceolate, acute, contracted and sessile at the base, pellucid, 5 - 9-nerved, wavy on the margins ; stipules (white) connate, rounded on the back ; spikes cylindrical, many-flow- ered, on stout peduncles shorter than the leaves ; achenium (immature) oval, compressed, rounded on the back, short-pointed. — Fresh water, Apalachicola, Florida. Aug. — Stems 2° -3° long. Leaves 2' -3' long, equalling the spikes. * * Leaves of two forms ; the immersed ones thin and pellucid, the floating ones long- petioled and somewhat coriaceous. 5. P. fluitans, Roth. Stem simple; leaves many-nerved; the floating ones varying from oblong-lanceolate to ovate, acute at each end, or obtuse or cordate at the base; the others large, oblong, gradually or abruptly short- petioled, undulate ; stipules connate and keeled on the back ; peduncles stout, thickened upward ; spikes long, cylindrical, dense-flowered ; achenium smooth, 1 - 3-keeled on the back. — Fresh-water ponds and streams, Florida, and north- ward. June - Aug. — Leaves 2' - 9' long. P. NATANS, L. probably occurs within our limits, but I have not seen specimens. It may be known by longer-petioled (4'- 12') leaves, more slender peduncles, and rounded stipules and achenia. 6. P. heterophyllllS, Schreber. Stem slender, branching ; floating leaves small, thin, elliptical or oblong-linear, on filiform petioles ; immersed leaves long, sessile, linear or lanceolate ; stipules connate, 2-ribbed; peduncles thickened up- ward ; spikes narrowly cylindrical ; achenium smooth, slightly keeled on the back. — Shallow ponds, North Carolina, and northward. July. — Floating leaves 1'- 2' long. Immersed leaves 4' - 6' long. 7. P. hybridUS, Michx. Small; stems very slender, branched; floating leaves lanceolate or elliptical, commonly acute at each end, shining and strongly ALISMACE^E. (WATER-PLANTAIN FAMILY.) 447 impressed-ncrved, longer than the filiform petioles ; immersed leaves filiform, scattered ; spikes oval or oblong, short-peduncled ; achenium nearly circular, concave on the sides, rugose or tuberculate, and 1 - 3-ridged on the back ; embryo coiled. (P. setaceus, Pursh. P. heterophyllus, Ell. ?) — Shallow ponds, Florida, and northward. June -Aug. — Floating leaves 6" -8" long, com- monly 5-nerved. ORDER 139. ALISMACE^E. (WATER-PLANTAIN FAMILY.) Marsh herbs, usually with creeping runners or rootstocks, nerved and reticulated sheathing leaves, and scape-like stems, bearing the perfect or monoecious flowers in spikes or whorled racemes. — Sepals and petals 3, or the latter sometimes wanting. Stamens few or numerous : anthers 2- celled. Ovaries 3 or many, with 1-2 anatropous or campylotropous erect ovules. Style short or none. Achenium coriaceous, 1 - 2-seeded. Em- bryo straight or curved, without albumen. Synopsis. SUBORDER I. JTINCAGINE^E. Sepals and petals (when present) greenish. Ovule anatropous. Embryo straight 1. TRIGLOCHIN. Leaves rush-like. Flowers in spiked racemes. SUBORDER II. ALISME2E. Petals white, deciduous. Ovule cam- pylotropous. Embryo curved or hooked. 2. ALISMA. Flowers perfect. Achenia whorled. Racemes compound. 3. ECHINODORUS. Flowers perfect. Achenia clustered in a head. 4. SAGITTARIA. Flowers monoecious. Achenia clustered in a head. 1. TRIGLOCHIN, L. Flowers perfect, in a spiked raceme. Sepals 3. Petals 3, and greenish, like the sepals, or none. Anthers 3-6, nearly sessile, oval. Ovaries 3-6, united around a central axis, from which they separate at maturity, 1-ovuled. Stigmas plumose. Embryo straight. — Leaves rush-like, fleshy, 2-ranked. Flowers small, bractless. 1. T. triandrum, Michx. Leaves erect, linear-subulate, semi-terete, di- lated at the base and sheathing the base of the terete scape ; flowers very numer- ous, on short pedicels ; sepals oval, deciduous ; petals none ; anthers and ovaries 3; fruit globose-triangular, pointless, when dry 3-winged by the compressed 3-ribbed achenia ; embryo oblong. — Salt marshes along the coast, West Florida to North Carolina. Aug. - Sept. — Scape and leaves £° - 1° high. 2. ALISMA, L. WATER-PLANTAIN. Flowers perfect in a whorled panicle. Sepals 3. Petals 3, involute in the bud, deciduous. Stamens 6 - 12. Ovaries numerous in a simple whorl. Style 448 ALISMACEwE. ( WATER-PLANTAIN FAMILY.) short. Achenium 1 -seeded, 2- 3-keeled on the back. — Roots fibrous. Leaves mostly oval or cordate, nerved, shorter than the scape. Flowers white. 1. A. PlantagO, L. Leaves long-petioled, ovate or oblong, acute, rounded or cordate at the base, 3 - 9-nerved ; panicle large, lax, the whorled branches and elongated filiform pedicels bracted at the base; achenia obtuse, 15-20 in a whorl. (A. trivialis, and A. parviflora, Pursh.) — Ditches and margins of ponds in the upper districts, Georgia, and northward. July and Aug. — Leaves 2'- 4' long. Panicle 1 ° - 2° long. 3. ECHINODOBUS, Richard. Flowers perfect, mostly in whorled racemes. Sepals 3. Petals 3, imbricated in the bud, withering. Stamens few or numerous. Ovaries few or many, im- bricated, forming ribbed achenia in fruit, usually beaked with the persistent style. — Herbs, with petioled nerved leaves. Heads mostly bur-like. 1. E. parvulus, Engelm. Small; leaves lanceolate or spatulate, mostly acute, finely nerved and somewhat pinnately-veined, commonly shorter than the single or clustered 1 - 6-flowered scapes ; flowers mostly clustered or umbelled, on long bracted pedicels which are recurved in fruit, stamens 9 ; achenia few, shorter than the ovate sepals, obovate, flattened at the sides, and surrounded with 5 prominent ribs, beakless. — Margins of shallow ponds, Middle Florida, and westward. July and Aug. — Scapes l'-4' high. Achenia black and shining. 2. E. rostratus, Engelm. Leaves varying from lanceolate to ovate, acute attach end, or rounded or cordate at the base, 5-nerved, about as long as the petiole ; scape rigid, erect, longer than the leaves ; whorls few ; pedicels erect or spreading ; sepals ovate, many-nerved, shorter than the oval bur-like head ; sta- mens 12 ; style longer than the ovary; achenia numerous, strongly 3-ribbed on the back, with fainter lateral and intermediate ribs, beaked with the long persist- ent style. — South Florida, and westward. — Scape simple, 3'- 8' high, or oc- casionally 2° high and paniculately branched. Leaves 1' -2' long. Flowers 5" wide. 3. E. radicans, Engelm. Leaves large, long-petioled, ovate, cordate or truncate at the base, obtuse, 7 - 9-ribbed ; scape elongated, prostrate, rooting and proliferous; whorls several, remote; pedicels slender, spreading, or recurved; stamens about 20 ; style shorter than the ovary ; heads globose, longer than the many-nerved sepals ; achenia very numerous, short-beaked, ribbed and slightly denticulate on the back. (Alisma radicans, Nutt.) — Swamps, Florida to North Carolina, and westward. July - Sept. — Scape 2° - 4° long. Leaves 3' - 8' long. Flowers 8" -12" wide. 4. SAGITTARIA, L. ARROW-GRASS. Flowers monoecious, in a whorled raceme, the upper ones sterile. Sepals 3, persistent. Petals 3, imbricated in the bud, withering. Stamens few or many. Ovai-ies crowded in a globular head. Achenia flat, membranaceous, winged. — Marsh or aquatic herbs, with scape-like stems, and variously-shaped nerved and ALISMACE^E. (\VATER-PLANTAIN FAMILY.) 449 reticulated sheathing leaves, which are often without a blade. Flowers white, commonly 3 in a whorl from the axils of persistent bracts. # Filaments long and slender. 1. S. falcata, Pursh. Tall; leaves erect, rigid, broadly lanceolate, acute at each end, pinnately nerved, on long and stout petioles ; scape longer than the leaves, often branching above ; pedicels of the sterile flowers slender, longer than those of the fertile ones; bracts and sepals ovate, obtuse, granular-roughened; stamens numerous, with hairy filaments ; achenia obliquely obovatc, wing-keeled, strongly beaked. (S. lancifolia, Michx.) — Lakes and rivers, Florida to South Carolina, and westward. June -Sept. — Scape 2° -5° high. Leaves l°-2° long. Flowers l'-l£' wide. 2. S. variabilis, Engelm. Leaves mostly sagittate, acute or obtuse, vary- ing from linear to broadly ovate, smooth, or rarely, like the scape, bracts, and sepals, pubescent; bracts acute; flowers mostly large; pedicels of the sterile flowers twice as long as those of the fertile ones ; achenia obovate, beaked ; fila- ments smooth. (S. sagittifolia, hastata, pubescens, &c. of authors.) — Marshes, ditches, &c., Florida, and northward. July -Sept. — Scape l°-3° high, an- gled. Leaves 2' - 12' long. * * Filaments short, thickened at the base. 3. S. heterophylla, Pursh. Scape weak; leaves linear or lanceolate, and acute at each end, or elliptical, and obtuse or sagittate at the base ; bracts obtuse ; sterile flowers on long and slender pedicels ; the fertile ones nearly sessile ; achenia narrowly obovate, long-beaked. — Margins of ponds and streams, Florida, and northward. — Leaves 2' -4' long. Scape few-flowered, the lowest whorl only bearing fertile flowers. 4. S. simplex, Pursh. Scape slender, commonly prostrate in fruit, simple or branched ; leaves linear or lanceolate, acute at each end, 3-nerved, erect, the earliest mostly destitute of a blade ; bracts membranaceous ; flowers small, all on long filiform pedicels; stamens 10-12, hairy at the base; achenia obovate, wing-keeled, beakless. (S. graminea, Michx.) — Shallow ponds in the pine bar- rens, Florida, and northward. May - Oct. — Scape 10' - 1 5' high, usually longer than the leaves. 5. S. natans, Michx. Small; leaves floating, ovate-oblong or elliptical, obtuse at each end or the lowest slightly cordate, 5 - 7-nerved, about as long as the few-flowered scape : bracts membranaceous, acute ; pedicels of the fertile flowers stouter than those of the sterile ones, recurved in fruit ; stamens 7 or 8 ; achenia obovate, 3-ribbed on the back, short-beaked. — Shallow ponds and streams, Florida to South Carolina. June - Sept. — Scapes 3' - 6' long. Leaves 1'- 2' long. Var. lorata. Leaves strap-shaped, obtuse, without a blade, nerveless ; scapes floating or erect; flowers sometimes dioecious; achenia conspicuously beaked, pimpled. — Brackish water, along the west coast of Florida. May -Sept. — When growing in deep water the floating scapes are 2° -3° long; when on muddy banks, only 3' - 5' high, and the short leaves bear much resemblance to those of Crantzia lineata. In this" state it is probably S. pusilla, Pursh. 38* 450 HYDROCHARIDACEJE. (FROG's-BIT FAMILY.) ORDER 140. HYDROCHARIDACE^E. (FROG'S-BIT FAMILY.) Aquatic herbs, with monoecious or dioecious flowers, from a membrana- ceous spathe. Sepals and petals 3, or the latter wanting, distinct in the sterile flower, united into a tube in the fertile, and coherent with the 1-9- celled ovary. Stamens 3-12. Ovules numerous, ascending, orthotropous. Stigmas 3-9. Fruit indehiscent, many-seeded. Embryo straight, without albumen. Synopsis. * Ovary 1-celled. Stigmas 3. 1. ANACHARIS. Flowers polygamo-dioecious. Spathe sessile. Stamens 9. Leaves short, opposite or whorled. 2. VALLISNERIA. Flowers dioecious. Spathe peduncled. Stamens 3. Leaves long, linear. * * Cells of the ovary and stigmas 6-9. 3. LIMNOBIUM. Flowers monoecious. Stamens 6-9, monadelphous. Leaves cordate, petioled. 1. ANACHARIS, Rich. Flowers dioeciously polygamous, enclosed in the bud in a 2-cleft axillary sessile spathe. Sterile flowers minute. Sepals and petals 3. Anthers 9. Fer- tile flowers pistillate or perfect. Sepals and petals united into a very long and slender 6-parted tube. Stamens 3-6, perfect or sterile. Ovary 1-celled, with three parietal placenta?, few-ovuled. Style capillary, adnate to the tube. Stig- mas 3, each 2-lobed, exserted. Fruit oblong, coriaceous. — Perennial herbs, with elongated filiform branching immersed stems, and small and very numer- ous opposite or whorled leaves. Fertilization effected by the sterile flowers breaking away from the stem, and expanding at the surface among the floating stigmas. 1. A. Canadensis, Planch. Stem much branched; leaves 3-4 in a whorl, sessile, varying from linear to elliptical, 1 -nerved, pellucid and minutely serrulate. (Udora Canadensis, Nutt.) — In slow-flowing streams and ponds, Cherokee, North Carolina, Curtis, and northward. July and Aug. — Leaves 3" -6" long. 2. VALLISNERIA, Micheli. TAPE-GRASS. Flowers dioecious. Sterile flowers numerous, minute, crowded on a spadix, which is enclosed in an ovate 3-leaved short-stalked spathe. Calyx 3-parted. Corolla none. Stamens 3. Fertile flowers solitary, enclosed in a tubular spathe, attd borne on a very long and mostly spiral scape. Sepals and small petals 3, united and coherent with the cylindrical 1-celled many-ovuled ovary. Stigmas 3, each 2-lobed. Seeds numerous, fixed to three parietal placentae. — Aquatic herbs, with creeping stems, and elongated strap-shaped leaves. Fertilization effected mostly as in Anacharis. • BURMANNIACEJ3. (BURMANNIA FAMILY.) 451 1 . V. spiralis, L. — Slow-flowing streams and ponds, Florida, and north- ward. July - Sept. 1|. — Plant creeping, proliferous. Leaves strap-shaped, obtuse, 5-9-nerved, sharply serrulatex l°-3° long, 6" -12" wide. Scape of the sterile flowers 1'- 4' long, of the fertile ones 2° - 5° long. Fruit 1'- 3' long, often curved. 3. LIMNOBIUM, Richard. Flowers monoecious, from a membranaceous mostly sessile spathe, peduncled. Sterile spathe entire, 2-3-flowered; the fertile 3-leaved, 1-flowercd. Sepals and petals 3, united in the fertile flower, and coherent with the ovary. Stamens 6 - 12, monadelphous : anthers linear. Ovary 6 - 9-celled, with as many central placenta;, forming a many-seeded berry in fruit. Stigmas 6-9, each 2-parted. — A floating aquatic herb, with copious pendent roots, long-petioled round- cordate and many-nerved leaves, and small white flowers. I . L. Spongia, Eichard. Stems extensively proliferous ; leaves purplish beneath, and with air-cells near the base ; sterile peduncles tender, soon vanish- ing ; the fertile ones commonly short and thick, recurved in fruit ; petals oblong, alternating in the fertile flower with a pair of minute sterile filaments. (Hydro- charis spongiosa, Bosc.) — Still water, Florida, and northward. July and Aug. . — Leaves 2' - 4' wide. ORDER 141. BURMANNIACEJ2. (BURMANNIA FAMILY.) Small herbs, with filiform stems, scale-like leaves, and regular perfect flowers. — Sepals and petals united to form a tubular unequally 6-cleft corolla-like perianth, with the tube coherent with the 1 or 3-celled many- ovuled ovary. Stamens 3 or 6, inserted on the tube of the perianth: anther-cells separate, 2-lobed, opening crosswise. Style slender : stigmas 3, dilated. Placentae 3, central or parietal. Capsule many-seeded. Seeds minute, with a loose or reticulated testa. 1. BURMANNIA, L. Tube of the perianth mostly 3-angled or 3-winged, 6-cleft, withering-persist- ent ; the three interior lobes smaller. Stamens 3, very short, inserted opposite the interior lobes of the perianth. Ovary 3-celled, with three thick 2-lobed cen- tral placentas. Stigmas globose, dilated or 2-lobed. Capsule splitting at the apex into 3 valves. — Radical leaves crowded and grass-like, or none ; those of the stem minute, scale-like. Flowers racemose or clustered. 1. B. biflora, L. Stem simple, or forked above, 1 - several-flowered ; leaves subulate, scattered ; perianth blue, broadly 3-winged, the exterior lobes erect, ovate, acute, the interior linear and incurved; seeds oblong, striate. (Tripte- rella coerulea, Michx.) — Grassy or mossy margins of swamps and ponds, Flor- ida to North Carolina. Sept. -Nov. — Stem l'-5' high. In this and the following species the seeds escape through irregular fissures at the sides of the capsule. 452 ORCHIDACE^E. (ORCHIS FAMILY.) 2. B. capitata. Stems setaceous, simple ; leaves subulate, scattered ; flowers several in a terminal cluster, white, tinged with blue ; perianth 3-angled, wingless, the interior lobes linear, erect ; seeds linear-oblong, spirally striate. (Tripterella capitata, Michx.) — Low or swampy pine barrens, Florida to North Carolina. Sept. - Nov. — Stems 2' - 6' high. 2. APTERIA, Nutt. Perianth terete, tubular-bell-shaped, 6-cleft, with the 3 interior lobes smaller. Stamens 3, very short, opposite the interior lobes of the perianth, the filaments flat and orbicular at the apex : anthers closely adhering to the globose stigmas. Ovary 1-celled, with three 2-winged parietal placentae. Capsule obovate, split- ting from the base into three valves, which remain attached to the apex of the persistent placentae. Seeds ovoid. — A small perennial herb, with subulate bract-like leaves, and scattered nodding flowers. 1. A. setacea, Nutt. Deep shady woods, along the margins of swamps, Florida, Georgia, and westward. Sept. and Oct. — Stem erect or ascending, purple, filiform, simple or branched, 2' - 8' high. Leaves scattered. Flowers few, distant, on nodding pedicels. Perianth white, 5" long. ORDER 142. ORCHIDACE^E. (ORCHIS FAMILY.) Perennial herbs, with simple stems, from thick fibrous or tuberous roots, nerved leaves, and irregular often showy flowers. — Perianth 6-parted, united below with the 1-celled ovary ; the three outer divisions (calyx) and commonly two of the inner ones (petals) similar in form ; but the third, posterior, or, by the twisting of the ovary, anterior one (Labellum or Lip) differs from the others in form, and often bears a spur or prominence at the base beneath. Stamens 3, united with the style into a column, one or (in Cypripedium) two only bearing a 2-celled anther. Pollen- grains cohering in 2, 4, or 8 waxy or powdery masses (Pollinia). Cap- sule with three parietal placentae, splitting at the sides into three valves. Seeds very numerous, minute, covered with a loose membranaceous testa. Albumen none. — Plants mostly smooth and more or less succulent. Leaves almost always alternate, sheathing and entire. Stems leafy or scape-like. Flowers bracted, solitary, spiked, or racemed, and remark- able for their various and singular forms. Synopsis. I. Anther solitary, fixed to the apex of the column like a lid, deciduous. TRIBE I. MAL AXIDE^E. — Pollen in smooth -waxy masses, without stalks or connect- ing tissue. — Roots tuberous. * Stems leafy. 1. MICROSTYLIS. Lip cordate or sagittate. Column minute, 2-toothed at the apex. 2. LIPARIS. Lip entire. Column elongated, incurred, margined at the apex. ORCHIDACEJE. (ORCHIS FAMILY.) 453 * * Stems sheathed. 3. CORALLORHIZA. Spur of the lip short and adnate to the ovary. Root branching, toothed. 4. APLECTRDM. Lip spurless. Root of two solid connected tubers, bearing a single leaf. TRIBE II. EPIDE1VDRE.3E. — Pollen in smooth waxy masses connected by elastic tissue. 5. EPIDENDRUM. Pollen-masses 4. Claw of the spurless lip adnate to the column. 6. TIPULARIA. Pollen-masses 4. Lip free, spurred. Stem sheathed. 7. BLETIA. Pollen-masses 8. Lip free, hooded, spurless. TRIBE in. ARETHUSEJE. — Pollen in loose powdery masses. Lip crested. 8. CALOPOGON. Pollen-masses 2, bipartible. Column incurved, winged at the apex. 9. POQONIA. Pollen-masses 2. Column wingless, club-shaped. 10. ARETUUSA. Pollen-masses 4. Column petal-like. Root a solid tuber. II. Anther solitary, adnate to the column, erect, persistent. TRIBE IV. OPHRYDEJE. — Anther adnate to the apex of the column, the cells sep- arate. Pollen cohering in numberless waxy grains, which are collected by elastic tissue into a large mass, and attached to a gland of the stigma by an elastic stalk. Lip spurred. 11. ORCHIS. Anther-cells contiguous, parallel. Glands of the stigma covered with a common hood-like fold of the stigma. 12. GYMNADENIA. Anther-cells contiguous, parallel. Glands of the stigma naked. 13. PLATANTIIEIIA. Anther-cells diverging from the base. Glands of the stigma naked. 14. HABENARIA. Anther-cells diverging. Glands naked. Throat of the stigma furnished with variously shaped appendages. TRIBE V. NEOTTIE^J. —Anther attached to the back of the column, parallel with the stigma ; the cells approximate. Pollen powdery. * Pollen-masses 2. 15 SPIRANTHES. Lip nearly entire, clasping the column, obtuse. 16. GOODYERA. Lip sessile, entire, contracted above the middle, slender-pointed. 17. LISTERA. Lip 2-cleft. Stem with a pair of ovate opposite leaves. * * Pollen-masses 4. 18. PONTHIEVA. Claws of the petals and lip adnate to the column. III. Anthers two, fixed beneath the lateral lobes of the column. TRIBE VI. C YPRIPEDIEJE. — Column appendaged by the petal-like sterile stamen. 19. CYPRIPEDIUM. Lip large, inflated. Leaves large, plaited. 1. MICROSTYLIS, Nutt. ADDER'S-MOUTH. Sepals oblong, spreading. Petals filiform. Lip cordate or sagittate, entire or nearly so, sessile. Column minute, 2-toothed at the apex. Anther lid-like. Pollen-masses 4, collateral, united by pairs at the apex. — Low herbs, from bulbous roots. Stem 1 - 2-leaved, sheathed below. Flowers racemed or spiked, minute, greenish. 1. M. ophioglossoides, Nutt. Leaf solitary near the middle of the 5-angled stem, ovate, clasping; raceme short, with the unexpanded flowers crowded in a globular head, elongated in fruit ; pedicels slender, much longer than the flowers ; lip auricled at the base, 3-toothed at the apex. (Malaxis ophi- oglossoides, MM.) — Low shady woods, Florida, and northward. July and Aug. — Stem 4' - 8' high. Leaf 1 ' - 2' long. Flowers ^" wide. 454 ORCHIDACE^:. (ORCHIS FAMILY.) 2. M. Floridana, n. sp. Leaves 2, near the base of the 3-angled stem, unequal, ovate, or elliptical, mostly acute, sheathing; raceme slender, acute, elongated in fruit, many-flowered ; pedicels longer than the flowers ; sepals ob- long, spreading, with the margins revolute ; petals filiform, reflexed, twisted ; lip round-auriculate-cordate, abruptly narrowed and entire at the apex, depressed at the sinus ; capsule oblong or obovate. — Wet shady woods, Apalachicola, Flor- ida. July and Aug. — Stem 6' -12' high. Leaves l'-4' long. Flowers 1" wide. 2. LIPARIS, Eichard. TWAYBLADE. Sepals spreading. Petals linear or filiform, spreading or reflexed. Lip entire, flat, often with two tubercles above the base. Column long, semi-terete, incurved, margined at the apex. Pollen-masses 4, collateral, united by pairs at the apex. — Low herbs, from bulbous roots. Leaves 2, sheathing the base of the scape-like stem. Flowers racemed, greenish or purplish. 1. L. liliifolia, Richard. Leaves elliptical, obtuse, sheathed at the base ; scape 3-angled, 10 - 20-flowered, longer than the leaves; sepals linear, whitish ; petals filiform, reflexed, yellowish ; lip large, wedge-obovate, concave, abruptly pointed, brownish-purple. (Malaxis liliifolia, Sivartz.) — Low shady woods and banks in the upper districts, Georgia, and northward. June and July. — Scape 5; - 10' high. Leaves 2' - 4' long. Lip £' long. 3. CORALLORHIZA, Haller. COBAL-ROOT. Sepals and petals alike, oblong or lanceolate, connivent Lip clasping the base of the straight 2-edged column, spreading and concave above, 2-ridged near the base, spurless, or with the spur adnate to the ovary. Anther lid-like. Pol- len-masses 4, incumbent. — Low dull-colored leafless herbs, with coral-like roots, sheathed stems, and racemose flowers. 1. C. odontorhiza, Nutt. Root pinnately branched and toothed ; stem tumid at the base, slender above ; sheaths 3, elongated ; racemes 10 - 15-flowered ; sepals and the rather shorter spotted petals erect, lanceolate, obtuse ; lip entire, longer than the sepals, distinctly clawed, the spreading limb oval, concave, 3-nerved, with two tooth-like ridges in the throat, white spotted with purple ; the margins crenulate below the middle and involute above ; margins of the col- umn thickened and incurved at the base; capsule oval, nodding. — Shady woods, Florida, and northward. Feb. and March. — Stem 8' - 16' high. Lip 4" long. 2. C. micrantha, n. sp. Root toothed ; stem low, rigid ; sheaths 2, abruptly pointed; raceme 6- 12-flowered ; flowers very small (1''-!^" long), erect ; sepals and petals nearly equal, linear, erect ; lip short-clawed, entire, oval, concave, denticulate on the margins, without teeth or ridges, shorter than the sepals, white spotted with purple ; capsule obovate, nodding. — Shady woods, Florida and Georgia. Aug. and Sept. — Stem 3' - 6' high. 3. C. innata, R. Brown. Root branching; stem slender; sheaths 3; the upper one elongated and often leaf-like at the apex; raceme 5- 12-flowered; lip ORCHIDACE^E. (ORCHIS FAMILY.) 455 somewhat hastate, 3-lobed above the base, with two distinct ridges on the face, white spotted with crimson ; sepals and petals oblong-lanceolate, brownish ; cap- sule oval or elliptical. — Damp shady woods, Georgia, and northward. Sept. and Oct. — A vernal species in the Northern States. 4. APLECTRUM, Nutt. PUTTY-ROOT. Sepals and petals alike, linear-oblong, erect. Lip spurless, short-clawed, 3-lobcd and 3-ridged at the throat. Column straightish, cylindrical. Anther lid-like, slightly lateral. Pollen-masses 4. — Root tuberous, proliferous, very glutinous within, first bearing a single large plaited and petioled leaf, which is persistent through the winter, and afterward a 3-sheathed scape, with a raceme of yellowish flowers at the summit. 1. A. kiemale, Nutt. (Corallorhiza hiemalis, Ell. Limodorum trifidum, Michx.) — Rich woods, chiefly in the upper districts, and northward. April and May. — Leaf oval, many-nerved, 4'— 6' long. Scape 1 2' - 1 5' high, 10-1 5-flow- ered. Sepals and petals yellowish, tipped with brownish purple. Lip whitish, spotted, the middle lobe rounded and crenulate on the margins. Capsule re- flexed. 5. EPIDENDRUM, L. TREE-ORCHIS. Sepals and petals nearly equal and alike, widely spreading. Lip with the claw wholly or partly adnate to the elongated margined or winged column, en- tire or parted, mostly rigid or tubercled on the face. Spur none, or adnate to the ovary. Column prolonged at the apex into a toothed or fimbriate cup. Anther lid-like, somewhat 4-celled. Pollen-masses 4, lenticular, stalked. — Stemless herbs, from a tuberous or creeping rhizoma, clinging to the bark of trees by thick and matted roots. Leaves sheathing, rigid, perennial. Scape sheathed or bracted, bearing a raceme of greenish and purplish flowers. 1. E. COnopseum, Ait. Scape few - many-flowered ; leaves 1 - 3, coria- ceous, lanceolate, acute, spreading ; bracts subulate, the lowest somewhat leafy ; sepals spatulate, obtuse, with revolute margins ; petals linear-spatulate, obtuse ; lip 2-tubercled at the base, 3-lobed, the lateral lobes rounded and crenulate, the middle one notched at the apex, the claw wholly adnate to the slightly margined column. — On various trees, but chiefly on Magnolias, Florida to South Caro- lina. Aug.— Scape 2' -8' high. Leaves 1'- 3' long. Flowers 4" - 5" long, green tinged with purple. 2. E. venosum, Lindl. Scape tumid at the base, 5 - 7-flowered ; leaves 2, linear-lanceolate, abruptly pointed ; bracts short, ovate ; sepals and petals spatulate-lanceolate, acute ; lip 3-parted, 2-crested in the middle ; the lateral lobes oblong, acute; the middle one wedge-shaped, notched at the apex, the claw partly adnate to the 2-winged column. — South Florida, Dr. Blodgett. — Scape 1° high, invested with numerous short whitish sheaths. Leaves 4' -5' long. Flowers 8" long. 456 ORCHID ACEJ2. (ORCHIS FAMILY.) 6. TIPULABIA, Nutt. Sepals and petals oblong, spreading. Lip long-spurred, 3-lobed, the lateral lobes short and triangular, the middle lobe linear. Spur filiform, ascending. Column slender, wingless. Anther lid-like. Pollen-masses 4, stalked, waxy. — Root tuberous, proliferous, first producing a single ovate leaf, on a sheathed petiole, afterward a slender sheathed scape, ending in a long raceme of numer- ous greenish flowers. 1 • T. discolor, Nutt. — Shady banks, Florida, and northward. Aug. — Scape about 1° high. Leaf 1'- 2' long, acute, somewhat plaited and many- nerved, purple beneath. Flowers small, nodding, bractless. Spur about 1' long. 7. BLETIA, Ruiz and Pavon. Sepals and petals alike and nearly equal, spreading. Lip spurless, jointed, 3-lobed, crested on the face. Column free, elongated, semi-terete. Anther lid-like, fleshy. Pollen-masses 8, by pairs, with a stalk to each pair, waxy, becoming powdery. — Scape from tuberous rootstocks, sheathed or scaly, many- flowered. Leaves sheathing the base of the scape, narrow, plaited, sometimes wanting. Flowers spicate or racemose, mostly showy. 1. B. aphylla, Nutt. Leafless; scape stout, terete, tapering into the many-flowered spike; sheaths several, short, the upper ones passing into the ovate acuminate bracts; flowers spreading, brownish, striped with purple; sepals and petals oblong-lanceolate, oblique ; lip concave, emarginate, with a 6-ridged crest along the middle, the lateral lobes erect. — Rich shaded soil, Florida to North Carolina, and westward. July and Aug. — Root consisting of horizontal, jointed tubers. Scape 1°- 1 J° high. Perianth |' long. 2. B. verecunda, Swartz. Scape leafy at the base, many-flowered ; leaves lanceolate, plaited, strongly nerved ; petals and sepals greenish, the former con- nivent ; lip saccate, wavy and furrowed, emarginate. — Open pine( barrens, Middle and East Florida. July. — Scape 1° - 1 J.° high. Leaves 6' - 9' long. 8. CALOPOGON, R. Brown. Sepals unequal, the two lateral ones broader and oblique. Lip (by the untwisted ovary) brought to the upper or inner side of the flower, dilated at the apex, bearded on the face, and narrowed into a hinge-like claw. Column long, incurved, winged at the apex. Anther terminal, lid-like, sessile. Pollen- masses 2, powdery. — Scape erect from a solid tuber, sheathed at the base, bearing below the middle a single narrow sheathing leaf, and terminated with a loose spike of showy flowers. 1. C. pulchellus, R. Br. Scape 2-8-flowered; leaf linear-lanceolate, erect, keeled, many-nerved ; flowers large, mostly approximate, bright purple ; lateral sepals obliquely ovate, abruptly pointed, shorter than the lanceolate obtuse petals ; lip broadly obcordate, acutely 2-eared at the base ; filaments of the crest decurrent on the claw, the lower ones purple and united ; ovary ORCHIDACE^E. (ORCHIS FAMILY.) 457 straight, 2-3 times as long as the lanceolate-subulate bracts. — Swamps, Florida, and northward. June. — Scape l£°-2° high. Leaves 6' -12' long. Flowers I'-l^' wide. 2. C. pallidus, n. sp. Scape 10-20-flowered; leaf linear, erect, keeled, few-nerved ; flowers scattered, white tinged with purple ; lateral sepals obliquely oblong, shorter than the linear-lanceolate acute petals ; lip wedge-obovate, abruptly short-pointed, obtusely 2-earcd at the base ; filaments of the ' crest mostly united and purple at the base; ovary, straight, scarcely longer than the subulate bract. — Wet pine barrens, "West Florida, near the coast, to North Carolina. May. — Scape 1°- l£° high. Leaves 6' -9' long. Flowers 9" -12" wide. 3. C. parviflorus, Lindl. Scape 3 - 6-flowered ; leaf linear, concave, appressed to the scape; flowers approximate, bright purple; lateral sepals oblong, curved, acute, longer than the oblong-lanceolate, obtuse petals ; lip wcdge-obovate, emarginate, winged at the base ; filaments of the crest all yellow and distinct; ovary curved, four times as long as the ovate-acuminate bract. (C. pulchellus, var. graminifolius, Ell.) — Wet pine barrens, Florida to North Carolina. March and April. — Scape 6'- 12' high. Leaves 3'- 5' long. Flow- ers 8" -10" wide. 4. C. multiflorus, Lindl. Scape 7 - 14-flowered ; leaves mostly two, linear, rigid, concave, erect ; flowers approximate, deep purple ; lip wedge- shaped, pointed, winged at the base, bearded in the middle with uniform, filiform hairs ; sepals and petals ovate, acute. — South Florida. — Plant 1° high. Leaves 3' - 5' long. Flowers of the size of the preceding. 9. POGONIA, Juss. Sepals and petals alike, or the former narrower and elongated. Lip mostly crested and 3-lobed. Column club-shaped, wingless. Anther lid-like, stalked. Pollen-masses 2, powdery. — Stems erect from thick fibrous or tuberous roots, sheathed at the base, few-leaved, 1- or few-flowered. Leaves alternate or whorled. Flowers nodding, showy. * Sepals and petals nearly alike, erect. 1. P. ophioglossoides, Nutt. Root fibrous; leaves 2, sessile, lanceo- late, the upper one terminal and smaller; flower mostly solitary, terminal, sessile, pale rose-color ; sepals lanceolate, as long as the oval or oblong petals ; lip spatulate, flat, yellow-crested, fimbriate on the margins, longer than the petals, and twice as long as the thick column. — Swamps, Florida, and north- ward. April and May. — Stem 6'- 12' high. Flowers \' long. 2. P. pendula, Lindl. Root tuberous; leaves several, short, alternate, ovate, clasping ; flowers 3-7, axillary, long-peduncled, drooping, whitish ; sepals and petals lanceolate, acute ; lip spatulate, somewhat 3-lobed, roughened but not crested, rather shorter than the petals, longer than the column. (Tri- phora pendula, Nutt.) — Rich shady woods, Middle Florida, and northward.* July and Aug. — Stem 4' - 8' high. Leaves 6" - 9" long. 39 458 ORCHIDACE.E. (ORCHIS FAMILY.) * Sepals (brown) linear, spreading, much longer than the erect petals : lip crested, 3-lobed. 3. P. divaricata, R. Br. Leaves 2, sessile, lanceolate, one near the middle of the stem, the other smaller and bract-like at the base of the solitary terminal flower; sepals purplish-brown, broadly linear, and, like the flesh- colored lanceolate petals, recurved at the apex ; lip half-cylindrical, wavy and crenulate on the margins, 3-lobed at the apex, greenish veined with purple; crest beardless. — Swamps, Florida to North Carolina. May. — Stem l°-2° high. Leaves 2'- 57 long. Sepals 1'- l£' long. 4. P. verticillata, Nutt. Leaves 5, obovate-oblong, abruptly pointed, whorled at the base of the solitary reddish-brown flower ; sepals linear, spread- ing, 3 times as long as the erect oblong yellowish petals, and yellowish 3-lobed wavy lip. — Low shady woods, Florida, and northward. May. — Stem 1° high. Leaves enlarged in fruit. Flower peduncled. Sepals 2' long. • 10. AKETHTJSA, Gronov. Sepals and petals alike and nearly equal, cohering at the base, arching and connivent over the column. Lip adnate to the base of the column, dilated and bent downward above the middle, crested within. Column incurved, expanded and petal-like at the apex. Anther terminal, lid-like, with the cells approxi- mate. Pollen-masses 4, powdery. — Scape erect from a solid globular tuber, sheathed, bearing a single large terminal flower. 1. A. bulbosa, L. — Bogs on the mountains of Carolina, Michaux, and northward. May. — Scape 6' - 9' high. Sheaths 3-4, the uppermost enclosing a linear late-developed leaf. Flower l'-2' long, 2-bracted, bright purple and fragrant. 11. ORCHIS, L. ORCHIS. Sepals and petals nearly equal, arching and connivent over the column, or the lateral sepals spreading. Lip adnate to the base of the column, depending, spurred at the base. Anther terminal, erect, the cells contiguous and parallel. Pollen-masses 2, waxy, stalked, and, with the two distinct glands, enclosed in a common sac or fold of the stigma. — Stem mostly scape-like, leafy at the base. Flowers showy, spiked. 1. O. spectabilis, L. Leaves 2, obovate-oblong, about as long as the 3 - 5-flowered 5-angled scape ; bracts lanceolate, leafy, mostly longer than the flowers ; sepals and petals connivent, oblong, purple ; lip white, obovate, entire, crenulate, as long as the club-shaped spur. — Rich shady woods in the upper districts, and northward. May. — Eoot of thick clustered fibres. Scape 4' - 6' high. Flowers 6" - 8" long. 12. GYMNADEWTA, R. Brown. " Sepals and petals nearly equal, the lateral sepals spreading, the upper, with the rather shorter petals, arching and connivent over the short column. Lip ORCHIDACEJS. (ORCHIS FAMILY.) 459 adnate to the base of the column, spurred at the base. Anther erect, the cells contiguous and parallel. Pollen-masses waxy, fixed by a stalk to the naked glands of the stigma. — Stems leafy. Flowers small, spiked. * Ovary twisted; the lip therefore anterior. 1. G. flava, Lindt. Stem slender (1° high); lowest leaf (4' -6' long) lanceolate, sheathing, the others (6-8) small, the uppermost passing into the subulate bracts of the short (l'-2' long) oblong densely many-flowered spike; flowers orange-yellow ; lip ovate, slightly crenate ; spur filiform, depending, shorter than the ovary. (Orchis flava, Nutt., not of Linn.} — Open grassy swamps in the pine barrens, Florida, and northward. July and Aug. 2. G. tridentata, Lindl. Stem (9' -12' high) scape-like above; lowest leaf (4' -6' long) lanceolate-oblong, tapering into a sheathing base, obtuse, the others small, scattered, passing into the bracts; spike (l'-2' long) loosely 4- 12-flowered ; flowers yellowish-green ; lip truncate, 3-toothed at the apex, longer than the petals ; spur slender, club-shaped at the apex, curving upward, longer than the ovary. (Orchis clavellata, Michx.) — Low shady woods in the upper districts, Mississippi to North Carolina, and northward. July. * * Ovary straight : Up posterior. 3. G. nivea, Gray&Engelm. Stem slender (l°-l£° high); leaves nu- merous, one or two of the lower ones linear (4' -8' long), the others small and bract-like; spike (2' -4' long) cylindrical, loosely many-flowered ; flowers white; lateral sepals ovate, slightly eared at the base ; petals and entire lip linear-oblong ; spur filiform, ascending, as long as the white roughish ovary. (Orchis nivea, Nutt.) — Pine-barren swamps, Florida, Georgia, and westward. July. 13. PLATANTHERA, Richard. • Sepals and petals nearly equal, the lateral sepals mostly spreading or reflexed. Lip entire or variously lobed or divided, spurred at the base. Column short. Anther-cells diverging. Stigma without appendages, with the glands naked. — Root composed of thick fleshy fibres. Stems mostly leafy. Flowers spiked or racemed, commonly showy. * Lip entire, neither toothed nor fringed. 1 . P. orbiculata, Lindl. Leaves two, at the base of the scape-like bracted stem, large, orbicular, fleshy, spreading on the ground, silvery beneath ; flowers greenish-white, in a narrow and loose raceme, longer than the bracts ; lateral sepals obliquely ovate, spreading, the upper orbicular ; petals narrower ; lip linear-spatulate, entire, recurved ; spur very long, club-shaped, curved. — Shady woods on the mountains of North Carolina, and northward. July and Aug. — Scape 1° - 1£° high. Leaves 5' - 8' in diameter. * * Lip 3-toothed or 3-lobed : flowers spiked: stem leafy. 2. P. flava, Gray. Leaves 3 -4 ; the two lower ones lanceolate or oblong- lanceolate (4'- 8' long), the others small and bract-like ; flowers small, brownish green, in a loose and slender many-flowered spike ; sepals and petals oval ; lip oblong, hastate -3-lobed, the lateral lobes short and rounded, the middle one 460 ORCHIDACEJE. (ORCHIS FAMILY.) crenulate at the apex and bearing a tooth-like appendage at the throat ; spur club-shaped, mostly shorter than the short ovary. (Orchis flava, L. 0. fuces- cens, and O. bidentata, Ell.) — Low shady banks, Florida, and northward. July and Aug. — Stem 1° high. Flowers 2" in diameter. 3. P. bracteata, Torr. Lower leaves obovate, the others smaller, lanceo- late ; flowers small, greenish ; sepals and narrow petals erect ; lip oblong-linear, slightly 3-toothed at the tip, longer than the obtuse sac-like spur. (Orchis viridis, Pursh.) — High mountains of Carolina, Pursh. — Stem low. Bracts large, conspicuous. * * * Lip undivided, fringed: flowers spiked : stems leafy. 4. P. ciliaris, Lindl. Leaves numerous, the lower ones (4' -12' long) lanceolate or oblong, the upper small and bract-like : spikes oval or oblong, rather loosely flowered; flowers large, bright yellow; lateral sepals round- obovate, reflexed ; petals lanceolate, incised or slightly fringed at the apex ; lip clawed, roundish in outline, long-fringed ; spur filiform, commonly longer than the long tapering ovary. (Orchis ciliaris, L.) — Var. BLEPHARIGLOTTIS (Or- chis blephariglottis, Wittd.) has white flowers, and shorter fringe of the lip. — Swamps and bogs, chiefly in the pine barrens, Florida, and northward. Aug. — Stem l£° - 2° high. Spike l£' -2' in diameter. Ovary 9" - 15" long. Flow- ers 6" -8" wide. 5. P. cristata, Lindl. Leaves numerous, the lower ones (4' -8' long) lanceolate, the uppermost bract-like ; spike oblong or cylindrical, densely flow- ered ; flowers small, yellow ; lateral sepals rounded, spreading, concave ; petals oblong, incised at the apex ; lip sessile, ovate in outline, pinnatifid-fringed ; spur filiform, half as long as the tapering ovary. (Orchis cristata, Michx.) — Bogs and, swamps, Florida, and northward. Aug. — Stem l°-2° high. Spike 1' in diameter. Ovary 5" - 6" long. Flowers 2"- 3" wide. # # # # Lip 3-parted, fringed or denticulate : flowers in spiked racemes : stem leafy. •»— Flowers yellowish-white. 6. P. lacera, Gray. Stem slender; lower leaves oblong, the uppermost small, passing into the lanceolate bracts ; raceme oblong, loosely flowered ; pet- als oblong-linear, entire ; lip pendent, the wedge-shaped lobes deeply divided into few spreading capillary filaments; spur as long as the ovary. (Orchis la- cera, Michx.) — Swamps and low ground in the upper districts, and northward. July. — Stem 1° - 2° high. Lower leaves 3' - 6' long. Raceme 3' - 5' long. •«- +- Flowers purple : lip clawed. 7. P. psycodes, Gray. Stem stout ; lower leaves lanceolate or oblong, the upper small, passing into the linear-subulate bracts ; flowers pale purple, crowded in a dense oblong raceme ; lateral sepals roundish, obtuse ; petals obo- vate, minutely denticulate at the apex ; lip nearly twice as long as the sepals, spreading, the wedge-shaped lobes bordered with a short fringe. (Orchis psy- codes, L.) — Swamps and shaded banks, North Carolina, and northward. July. — Stem 2° high. Lower leaves 3' - 6' long. Flowers very numerous. Lip 2" -3" long. ORCHIDACE^E. (ORCHIS FAMILY.) 461 8. P. fimbriata, Lindl. Stem stout ; leaves oval or oblong, obtuse, a few of the upper ones small and lanceolate like the bracts ; raceme oblong, rather loosely flowered ; flowers large, pale purple ; lateral sepals ovate, acutish ; pet- als oblong, denticulate on the margins ; lip twice as long as the sepals, spread- ing, the broad wedge-shaped lobes long-fringed ; spur longer than the ovary. — Wet meadows, North Carolina, and northward. June. — Stern 2° - 3° high. Leaves 4'- G' long. Flowers not numerous on the raceme. Lip 6"- 9" long. 9. P. peramcena, Gray. Stem stout ; lower leaves oblong, obtuse, tho upper lanceolate like the bracts ; raceme oblong, rather loosely flowered ; flow- ers large, violet-purple ; lateral sepals broad-ovate ; petals round-obovatc, mi- nutely denticulate ; lip spreading, the wedge-shaped lobes finely toothed, entire, or the middle one 2-lobed ; spur longer than the ovary. (Orchis fissa, Pursh.) — Mountains of North Carolina, and northward. July. — Stem 2° -4° high. Lip 9" long. 14. HABENARIA, Willd. Sepals nearly equal, the lateral ones reflexed. Petals entire or 2-3-parted. Lip pendent, entire, or 2 - 3-parted, spurred. Anther-cells erect, separate, diverg- ing. Stigma bearing two various-shaped appendages. Glands naked. Pollen- masses 2, waxy, stalked. — Herbs with tuberous roots, leafy stems, and spiked flowers. 1. H. repens, Nutt. Root a creeping tuber ; stem erect or ascending, very leafy ; leaves lanceolate, acute or acuminate, 3-ribbed ; spike slender, many-flow- ered ; bracts lanceolate, the lower ones longer than the flowers ; lateral sepals oblong, acute, the upper one ovate, erect ; petals unequally 2-parted, the lower lobe capillary, longer than the linear upper one ; lip 3-parted, barely longer than the sepals, the lateral lobes capillary, the middle one filiform ; spur as long as the ovary ; appendages of the stigma tubercular. — Swamps and ditches in the lower districts, Florida to North Carolina, and westward. Aug. and Sept. — Stem 1°- 2° long. Leaves 6'- 12' long. Spikes ^°- 1° long. Flowers small, greenish. 2. H. Michauxii, Nutt. Root a globular watery tuber ; stem erect ; leaves oval or oblong, mostly acute, many-nerved, the upper smaller, and similar to the ovate-lanceolate clasping bracts; spike slender, loosely few-flowered; lateral sepals oblong-ovate, acute, the upper one ovate, erect ; petals unequally 2-parted, the lower lobe capillary and twice as long as the lanceolate upper one ; lip twice as long as the sepals, 3-parted, the capillary lateral lobes longer than the linear middle one ; spur twice as long as the ovary ; appendages of the stigma tuber- cular. — Dry sandy or gravelly soil, Florida, to South Carolina. August. — Stem G'- 18' high. Leaves 2' - 3' long. Spike 3' -5' long. Flowers white, twice as long as those of the preceding. 15. SPIBANTHES, Richard. TWISTED ORCHIS. Sepals and petals nearly equal ; the lateral sepals diverging, dilated at the base, the upper one connivent with the petals. Lip clawed, concave, furnished with two callosities near the base, clasping the short column below. Stigma ovate, 39* 462 ORCHIDACE^5. (ORCHIS FAMILY.) beaked. Anther attached to the back of the column. Pollen-masses 2, obovate, 2-cleft, fixed to a common gland of the stigma, powdery. — Root composed of few clustered tubers or fleshy fibres. Stem leafy at the base, sheathed above. Flowers small, white, in a regular 1 -sided or spirally twisted spike. * Flowers on all sides of ike untwisted spike. 1 . S. cernua, Richard. Stem smooth below, the upper portion and thick crowded spike pubescent ; lowest leaves long, linear-lanceolate, the others bract- like and sheathing ; bracts ovate-lanceolate, acuminate, longer than the capsule ; flowers recurved ; lip longer than the sepals, contracted above the middle, wavy at the recurved obtuse apex, 2-toothed at the base. — Grassy swamps and mead- ows, Florida to Mississippi, and northward. October. — Stem 6'- 12' high. Leaves 4' - 8' long. Flowers yellowish-white, 3" - 4" long. * * Spikes twisted, bringing thejlowers into a single straight or spiral row. 2. S. brevifolia, n. sp. Stem pubescent above ; leaves all bract-like and sheathing, or the lowest expanding into a short (l'-2') lanceolate or linear early withering blade ; flowers all on one side of the rachis or sparingly spiral, hori- zontal, pubescent ; bracts ovate, acute, scarcely longer than the ovaiy ; sepals and petals equal j lip oblong or elliptical, very entire, wavy on the margins, re- curved at the acute or obtuse apex, and with two tooth-like prominences at the base. — Open grassy swamps in the pine barrens, Apalachicola, Florida. Oct. and Nov. — Root of 3 fleshy fibres. Stem 1° high. Flowers 10-20, 3" -4" long, white. 3. S. odorata, Nutt. Stem stout, leafy; lower leaves oblong-lanceolate, acute, the others diminishing upward and passing into the large lanceolate acu- minate bracts ; spike thick, pubescent, densely flowered, spiral ; bracts much longer than the ovary, the lower ones as long as the recurved flowers ; sepals and petals equal ; lip entire, recurved, oblong, dilated and crenulate at the apex, and with two tooth-like hooked prominences at the base. — Muddy banks of rivers, near Marianna, Florida to North Carolina, and westward. October. — Stem 1° - 2° high. Lowest leaves 9'- 15' long, l'-2' wide. Flowers yellow- ish-white, £' long, fragrant. 4. S. tortilis, Willd. Stem tall and slender, pubescent above ; lowest leaves linear, the upper small and bract-like ; spike slender, pubescent, spiral ; bracts ovate-lanceolate, acuminate, longer than the ovary; lip oblong, entire, recurved and crenulate at the apex, scarcely longer than the petals, with two gland-like prominences at the throat. — Low or marshy pine barrens, Florida to North Carolina. May.— Stem l°-2° high. Leaves 6' -10' long. Flowers 3" long, white. 5. S. gracilis, Bigelow. Stem very slender, smooth throughout, scape-like ; lowest leaves (early withering) lanceolate or elliptical, spreading; spike very slender; flowers minute, on one side of the rachis or sparingly spiral, smooth; bracts ovate-lanceolate, clasping, shorter than the capsule ; lip finely crenulate on the margins, recurved and acute at the apex, with two raised ear-like promi- nences at the base ; anthers 4-cleft. — Damp soil, Florida, and northward. April and May. — Stem sheathed, 6' - 12' high. Lowest leaves l'-2' long. Flowers 1" long. y ORCHIDACE^E. (ORCHIS FAMILY.) 4G3 16. GOODYERA, R. Brown. RATTLESNAKE PLANTAIN. Sepals and petals nearly equal, the two lateral sepals including the base of the sessile lip, the upper one connivent with the petals. Lip concave or sac-like, contracted above the middle into a recurved and channelled point. Anther at- tached to the dorsal apex of the short and free column. Pollen-masses 2, entire, powdery. — Stems leafy or scape-like, from a slender creeping rootstock, bearing a spike of small white flowers. * Stem scape-like, bracted: lip spurless: column manifest: anther round, beakless, radical leaves clustered. 1. G. pubescens, R. Brown. Scape pubescent ; radical leaves thick, ovate, discolored and reticulated above, contracted into a spreading petiole ; spike lan- ceolate, densely many-flowered, pubescent ; bracts lanceolate ; sepals and petals roundish ; lip sac-like, ending in a short, ovate point ; stigma rounded. — Deep shady woods, Florida, and northward. August. — Scape 1° high. Leaves 2' long. Spike 2' - 4' long. 2. G. repens, R. Brown. Low ; scape slender, pubescent ; radical leaves ovate or oblong-ovate, reticulated ; spike slender, loosely few-flowered, 1 -sided or somewhat spiral; bracts linear-lanceolate; lip sac-like, ending in an oblong point ; stigma 2-toothed. — Shady woods, on the mountains of North Carolina, and northward. August. — Scape 5' — 8' high. Leaves 1' long. * * Stem leafy: lip spurred: column inconspicuous : anther ovate, beaked. 3. G. quercicola, Lindl. Stem ascending ; leaves thin, ovate or oblong- ovate, acute, on slender petioles, which are dilated, membranaceous, and sheath- ing at the base ; spike short, oblong, densely flowered ; bracts scarious, oblong- ovate, mostly shorter than the flowers ; sepals and petals oblong, obtuse ; lip concave, ending in a broadly-ovate acuminate and recurved point ; spur pouch- like, shorter than the ovary ; stigma 2-lobed. — Low shady woods, Florida, and westward. August. — Plant tender, 6'- 12' high. Leaves and spike 1' long. 17. LISTERA, R. Brown. Sepals and petals alike, spreading or reflexed. Lip longer than the sepals, 2-cleft. Column short. Stigma with a rounded beak. Anther ovate, attached to the dorsal summit of the column. Pollen-masses 2, powdery. — Stems low, from clustered fibres, bearing two opposite sessile leaves, and a loose raceme of small greenish flowers. 1. L. australis, Lindl. Leaves ovate or oblong-ovate, closely sessile; raceme smoothish, few - several-flowered ; bracts minute; lip linear, 3-4 times as long as the sepals, deeply 2-cleft, the divisions filiform ; column very short. — "Wet shady woods, Florida, and northward. July. — Stem 4' - 8' high. Leaves 2. L. COnvallarioides, Hook. Leaves broadly cordate or roundish; raceme pubescent, few-flowered ; bracts half as long as the pedicels ; lip oblong- obovate, 2-lobed at the apex, and 2-toothed at the base, twice as long as the se- 464 ORCHIDACE^E. (ORCHIS FAMILY.) pals ; column manifest. — Damp mossy woods, on the mountains of North Carolina. July. — Stem 4' - 8' high. Leaves £' - 1 ' long. 18. PONTHIEVA, R. Brown. Sepals and petals nearly alike, the two outer sepals spreading, the upper one connivent with the petals. Petals, like the lip, adnate to the middle of the col- umn. Lip posterior, clawed, ovate, concave, spreading. Column 2-lobed, beaked. Anther dorsal, linear, stalked, 4-celled. Pollen-masses 4, linear, pow- dery.— Low herbs, with clustered roots, chiefly broad radical leaves, and green- ish flowers on a pubescent scape. 1. P. glandulosa, R. Brown. Leaves many-nerved, oblong, spreading, nan-owed into a short petiole ; scape slender, many-flowered ; bracts lanceolate ; lateral sepals flat. ( Cranichis multiflora, Nutt. Ophrys pubera, Michx. ) — Low shady woods, Florida to North Carolina. Sept. and Oct. — Scape 1°- l£° high. 19. CYPRIPEDIUM, L. LADY'S SLIPPER. Sepals 3, the two lower ones mostly united into one under the lip, spreading. Petals narrower. Lip large, inflated, and sac-like. Column short, 3-lobed, the two lateral lobes each bearing a 2-celled anther on the under side, the middle one (sterile stamen) petal-like. Pollen granular. Stigma thick, triangular. — Root fibrous. Leaves large, plaited, sheathing. Flowers large, mostly solitary, leafy- bracted, nodding. * Stem leafy : sepals and petals longer than the yellow lip, the latter linear and twisted. 1. C. pubescens, Willd. Pubescent; stem sheathed at the base; leave's 4-6, ovate-oblong, acute or acuminate ; flowers 1 - 3 ; sepals greenish, striped with deeper lines, lanceolate, acuminate, the lower sometimes 2-cleft at the apex ; petals linear, spirally twisted; lip large (!'- 1^' long), laterally flattened, spotted within; stigma triangular, obtuse. — Rich woods in the upper districts, and northward. May and June. — Stem 1° - l£° high. Leaves 4' - 6' long. Flow- ers inodorous. 2. C. parviflorum, Salisb. Very near the preceding, but every way smaller ; lip half as large, depressed above ; stigma triangular, acute ; flowers fragrant. — Rich woods in the upper districts. May and June. * * Stem leafy: sepals and petals white, flat, obtuse, not longer than the lip. 3. C. spectabile, Swartz. Pubescent; leaves 6-7, oval, acute; sepals oval or oblong, rather longer than the lanceolate petals ; lip (1^' long) much inflated, white tinged with purple, about as long as the sepals. — Mountains of North Carolina, and northward. May and June. — Stem 2° high, commonly 2-flowered. Leaves 4' - 6' long. Flowers very showy. * * * Scape naked, l-fiowered, 2-leaved at the base. 4. C. acaule, Ait. Pubescent ; leaves oblong, obtuse ; sepals greenish, oblong-lanceolate, acute, nearly as long as the linear petals, much shorter than the large (2' long) obovate purple and veiny lip. — Dry woods in the upper dis- tricts, and northward. May and June. — Scape 8' - 12' high. Leaves ^° long. CANNACE^E. (CANNA FAMILY.) 465 ORDER 143. CANNACEJS. (CANNA FAMILY.; Perennial herbs, destitute of aroma, with alternate sheathing leaves, the very numerous nerves parallel, and diverging from the strong midrib, and superior irregular monandrous flowers. Sepals 3. Corolla 6-parted ; the three exterior divisions alike ; the three interior ones very unequal, and often variously imperfect. Stamen and stigma mostly petal-like. Anther 1-celled. Ovary 1 - 3-celled, with 1 - many anatropous or cam- pylotropous ovules. Embryo straight or hooked, in hard albumen. — Bhi- zoma often tuberous, and abounding in starch. 1. THALIA, L. Calyx minute. Corolla tubular ; the three exterior divisions similar and equal ; the interior unequal ; the anterior one broad and hooded, the interior lateral one elongated and clawed, the exterior lateral one furnished with two bristles on one side, and partly adnate to the slender stamen on the other. Style thick, spiral : stigma perforated, 2-lipped, the lower lip long and pendent. Capsule utricular, 1-celled, 1-seeded. Seed ovoid, erect, campylotropous. Embryo hooked, in hard albumen, — Stemless herbs from fibrous roots. Scape elongated. Petioles terete, dilated and sheathing at the base. Elowers in bracted panicled spikes, commonly two together, and included in a 2-valved spathe. 1. T. dealbata, Roscoe. Plant dusted over with a minute white powder, otherwise smooth ; leaves distichous, long-petioled, cordate-ovate, acute ; scape terete, reed-like; panicle erect, dense, smooth, the branches not longer than the lanceolate deciduous bracts at their base ; spikes erect ; valves of the spathe unequal, ovate, coriaceous ; flowers small, purple. — Ponds and marshes, South Carolina, and westward. June -Sept. — Scape 3° -5° high. Leaves 6' -9' long, on petioles 1° - 2° long. 2. T. divaricata, n. sp. Plant not powdery; leaves oblong-ovate, acute, rounded at the base, long-petioled ; panicle large, divaricate, the branches much longer than the linear deciduous bracts, hairy at the joints; spikes 6- 10-flow- ered, zigzag, pendulous ; valves of the spathe unequal, oblong, membranaceous, hairy ; flowers small, purple ; seed ovoid, enclosed in a loose membranaceous pericarp. — Ponds, Apalachicola, Florida. Sept. and Oct. — Scape 5° -10° high. Leaves l°-2° long. Panicle 2° -4° wide, purplish. 2. CANNA, L. INDIAN-SHOT. Sepals 3. Corolla 6-parted ; the three exterior divisions equal ; the interior bilabiate, with the upper lip 2 -3-parted, or sometimes wanting, the lower entire. Filaments petal-like. Anther marginal. Ovary 3-celled, many-ovuled. Style petal-like. Stigma marginal. Capsule covered with a dense bristly coat, 3-celled, loculicidally 3-valved. Placentae central. Seeds globose, anatropous. Embryo straight in horny albumen. — Stems leafy. Leaves narrowed into a sheathing petiole. Flowers spiked, showy. 466 AMARYLLIDACE.E. (AMARYLLIS FAMILY.) 1. C. flaccida, Roscoe. Stem stout, very leafy below ; leaves ovate-lance- olate, acuminate, narrowed into a long and sheathing petiole ; spike few-flowered ; sepals green, lanceolate, acute, half as long as the tube of the corolla ; corolla funnel-shaped ; the exterior divisions similar to the sepals, reflexed ; the three in- terior ones yellow, very thin, oblong-obovate ; two of them collateral and adnate below ; stamens petal-like, obovate, thickened below, very thin and expanding above, one of them bearing the linear anther on its margin, the other two larger and united into one ; style adnate to the tube of the corolla ; stigma thick, spat- ulate, embracing the anther in the bud ; capsule oval, 3-angled, few-seeded, mem- branaceous at maturity, and bursting irregularly at the sides ; seeds black, borne on a spongy cord. — Miry swamps, Florida to South Carolina, near the coast. June - Aug. — Stem 2° - 4° high. Leaves 9' - 1 5' long. Corolla 3' - 4' long. ORDER 144. AMARYLLIDACE^E. (AMARYLLIS FAMILY.) Chiefly stemless smooth and succulent herbs, with linear leaves, and smooth (not scurfy or woolly) often showy flowers. — Sepals and petals united to form a 6-parted corolla-like perianth, imbricated in the bud, the tube adnate to the 3-celled ovary. Stamens 6 : anthers introrse. Ovules anatropous, attached to the central placentas. Style single. Fruit 1-3- celled, valvular or indehiscent. Embryo straight in fleshy albumen, the radicle resting on the umbilicus. . Synopsis. * Root bulbous. 1. AMARYLLIS. Tube of the perianth short, crownless. Stigmas 3. 2. PANCRATIUM. Tube of the perianth elongated. Stamens connected with a cup-shaped crown. Stigma entire. 3. CRINUM. Tube of the perianth elongated, crownless. Stigma entire. * * Root tuberous. 4. AGAVE. Capsule 3-valved. Flowers spiked. Leaves thick and fleshy. 5. HYPOXYS. Capsule circumscissile. Flowers umbelled. Leaves grass-like. 1. AMARYLLIS, L. Perianth corolla-like, bell-shaped or funnel-shaped, 6-parted, spreading above, naked at the throat, the tube short or wanting. Stamens free • anthers versatile. Style elongated, declining: stigma 3-cleft. Capsule 3-valved, many-seeded. Seeds black, compressed or angled. — Scape erect from a coated bulb, ending in a 1 - 2-leaved or many-flowered spathe. 1. A. Atamasco, L. (ATAMASCO LILY.) Scape terete, somewhat lateral, 1 -flowered; leaves linear, concave, fleshy; spathe 1 -leaved, 2-cleft; perianth short-stalked, bell-shaped, white tinged with purple ; style longer than the sta- mens ; seeds angled. — Rich damp soil, Florida, and northward. March and April. — Scape 6' - 12' high, commonly shorter than the glossy leaves. Flower 2' -3' long. AMARYLLIDACE^E. (AMARYLLIS FAMILY.) 467 2. PANCRATIUM, L. Perianth corolla-like, 6-parted; the narrow divisions spreading; the tube slender and elongated. Stamens united below with a cup-shaped or funnel- shaped variously toothed crown, exserted : anthers versatile, linear. Style elon- gated, declining: stigma entire. Capsule membranaceous, 3-celled. Seeds often bulb-like. — Scape from a coated bulb, compressed or 2-edged, bearing the large and fragrant leafy-bracted flowers in a cluster at the apex. Leaves strap -shaped. § 1. PANCRATIUM. Tube of the perianth dilated and funnel-shaped at the apex: crown almost ivholly adnate to the tube, the border divided into six 2-cleft teeth, alter- nating with the stamens : capsule many-seeded, loculicidally 3-valved. 1. P. maritimum, L. Leaves glaucous, erect, longer than the slightly compressed many-flowered scape; divisions of the perianth linear-lanceolate, shorter than the slender (3' -4') tube, greenish without; stamens short. (P. Carolinianum, L.) — Salt marshes, South Florida to South Carolina. July -Sept. — Scape l°-l£°high. § 2. HYMENOCALLIS. Tube of the perianth straight, not dilated at the apex: crown free, funnel-shaped or saucer-shaped, the border irregularly toothed: capsule 1-3- seeded, bursting at the sides. 2. P. rotatum, Ker. Bulb bearing runners ; leaves flat above, concave toward the base ; scape 2-edged, 2 - 6-flowered, glaucous ; divisions of the peri- anth white, linear, spreading or recurved, longer than the green tube ; crown saucer-shaped or somewhat funnel-shaped, with the border irregularly toothed. (P. Mexicanum of authors.) — Low banks and swamps, Florida to North Caro- lina. April and May. — Scape and leaves 1° - 2° high. 3. P. coronarium, Leconte. Bulb without runners; leaves linear-strap- shaped, flat above, half-cylindrical near the base ; scape solitary, green, 2-edged, 4-flowered ; divisions of the perianth linear, spreading, white ; crown large, fun- nel-shaped, with six truncate lobes at the stamens, and several fine teeth at the sinuses. — Rocky islets in the Savannah River at Augusta, and in the Congaree at Columbia, Leconte. — Scape and leaves 2° long. 4. P. occidentale, Leconte. Bulb without runners; leaves linear-strap- shaped, obtuse, concave, and, like the 2-edged 6-flowered scape, glaucous ; divis- ions of the perianth white, linear, spreading and recurved at the apex ; crown funnel-shaped, with six toothed lobes alternating with the filaments; capsule many-seeded. — Upland meadows, in the western districts of Georgia, Leconte. — Stem and leaves 2° long. § 3. ISMENE. Tube of the perianth curved, dilated at the throat: crown nearly free, somewhat 12-toothed: capsule few-seeded. 5. P. nutans, Gwal. Leaves long, strap-shaped, sheathing; scape 3-4- flowered, solitary, 2-edged ; flowers nodding ; divisions of the perianth lanceolate- linear, white, longer than the green tube ; stamens incurved, scarcely longer than the crown. — South Carolina, Herbert. — Leaves 2° long. 468 AMARYLLIDACEJE. (AMARYLLIS FAMILY.) 3. CKINUM, L. Tube of the perianth crownless at the apex. Otherwise like Pancratium both in character and habit. 1. C. Americamim, L. Leaves strap-shaped, concave, obtuse, remotely denticulate, spreading ; scape compressed, with rounded edges, 2 - 4-flowered ; bracts lanceolate recurved ; ovaries sessile, with a linear bractlet at the base of each ; flowers large, fragrant ; leaves of the perianth white, lanceolate, shorter than the green tube ; filaments and style purple above ; stigma truncate, entire ; ovules 3 in each cell, erect ; capsule globose, membranaceous, indehiscent ; 1 - 6- seeded, pointed with the long persistent tube of the perianth ; seed large, conn- like; embryo oblong, in the axis of copious fleshy albumen; radicle inferior. — River-swamps, Florida, and westward. May - Sept. Scape 1° - 2° high. Peri- anth 6' - 8' long. 4. AGAVE, L. Perianth corolla-like, funnel-shaped, 6-parted, persistent. Stamens cxserted : anthers linear, versatile. Style filiform, exserted : stigma 3-angled or 3-lobed. Capsule coriaceous, 3-lobed, 3-celled, loculicidally 3-valved, many-seeded. Seeds flat, black and shining, attached to the central placentae. — Scape bracted. Leaves fleshy, spiny or cartilaginous on the margins. Flowers in simple or panicled spikes, bracted. 1. A. Virginica, L. Leaves lanceolate, thick and rigid, spine-pointed, denticulate on the margins; scape simple, smooth; flowers small, yellowish, scattered in a simple spike ; perianth strongly nerved; filaments and style spotted. — Sterile soil, Florida, and northward. July. — Scape 3° -5° high. Leaves 6' - 12' long. Capsule globose, 3-lobed. 5. HYPOXYS, L. STAR-GRASS. Perianth 6-parted, persistent, the spreading divisions colored within. Stamens short, unequal : anthers erect. Ovary 3-celled, with the numerous amphitropous ovules attached to the central placentae in two rows. Style short and thick : stigmas 3. Capsule top-shaped, many-seeded, opening transversely near the summit, the upper portion, with the withered perianth, falling off like a lid. Seeds globular, with a beak-like projection near the base. Radicle inferior. — Low pubescent herbs, from a tuberous root, with grass-like leaves, and a naked scape, bearing the few yellow flowers in a terminal bracted umbel. 1 • H. erecta, L. Hairy ; leaves linear, channelled ; scapes 1-4, filiform, 2 - 4-flowered ; bracts subulate, much shorter than the slender unequal pedicels ; divisions of the periantn oblong, greenish and hairy without, yellow within ; cap • sule 8-celled. — Varies, with the more rigid leaves nearly smooth, the 2-3-flow- ered scape flattened, and the bristle-like bracts longer than the nearly sessile almost woolly perianth. — Low ground, Florida, and northward. March and April. — Scapes 2' -9'. long. Leaves at length much longer than the scape. Flowers 8" wide. H^EMODORACE^E. (BLOODWORT FAMILY.) 469 2. H. juncea, Smith. Sparingly hairy ; leaves filiform ; scapes 1-3, fili- form, 1-2-flowered; bracts bristle-like, shorter than the villous pedicels; divis- ions of the perianth oblong, the three exterior ones greenish and hairy without ; partitions of the capsule vanishing at maturity ; seeds black, minutely pitted. (H. filifolia, Ell.) — Low pine barrens, Florida and the lower districts of Geor- gia, and westward. March and April. — Scape 4' -9' long, at length procum- bent. Flowers 9'' - 12" wide. ORDER 145. ELflEMODORACE^. (BLOODWORT FAMILY.) Perennial fibrous-rooted herbs, with leafy or scape-like stems, mostly equitant and sword-shaped leaves, and regular woolly or scurfy flowers. -T- Perianth tubular, 6-cleft, more or less cohering with the 3-celled ovary. Stamens 3 or 6 : anthers adnate, introrse, 2-celled. Ovules mostly few, anatropous or amphitropous, attached to the central placentas. Styles 3, united, deciduous, or persistent and separating : stigma entire. Capsule enclosed in the persistent perianth, loculicidally 3-valved at the apex. Embryo small, in hard albumen. Synopsis. 1. LACHNANTHES. Perianth woolly: stamens 3: style deciduous: flowers cymose: stem leafy. 2. LOPUIOLA. Perianth woolly : stamens 6 : style persistent : flowers corymbose : stem leafy. 3- ALETRIS. Perianth scurfy : stamens 6 : style persistent : flowers spiked : stem scape-like. 1. LACHNANTHES, Ell. /Perianth woolly without, 6-lobed ; with the exterior lobes smaller ; the tube ad- nate to the ovary. Stamens 3, slender, exserted, opposite the exterior lobes of the perianth : anthers linear. Style filiform, declined, deciduous : stigma entire. Capsule globose, 3-angled. Seeds amphitropous, few, thin, orbicular, concave, fixed by the middle to the thick globose placentae. — A leafy-stemmed plant, with orange-colored juice. 1. L. tinctoria, Ell. Root red, fibrous ; stem mostly simple, villous above ; leaves linear-sword-shaped, smooth, the lower ones crowded and equitant, the others smaller and remote ; flowers 2-ranked, crowded in lateral and terminal compound woolly cymes, yellow within ; exterior lobes of the perianth linear ; valves of the capsule separating from the placentas ; seeds black. — Ponds and ditches, Florida, and northward. July -Sept. — Stem 2° -3° high. Leaves 1°- l£° long. Flowers £' long. Bracts linear. 2. LOPHIOLA, Ker. Perianth woolly without, and at the throat within, nearly equally 6-lobed, spreading ; the tube adnate to the lower half of the ovary. Stamens 6, slender : 40 470 BROMELIACE.E. (PINE-APPLE FAMILY.) anthers oblong. Style subulate, erect, persistent and separable : stigma entire. Capsule ovate, coriaceous, 3-ribbed and 3-furrowed. Seeds anatropous, few, linear-oblong, curved, fixed at the base. , , 1. L. aurea, Ker. Stem erect, finely pubescent above, mostly simple; lowest leaves linear-sword-shaped, acute, equitant, the others diminishing up- ward, remote ; flowers small, yellow within, in close or open corymbose woolly racemes. (Conostylis Americana, Pursh.) — Wet pine barrens, Florida, and northward. July. — Stem 2° high, creeping at the base. Leaves 4' - 12' long. Flowers 3" long, nodding in the bud. 0 3. ALETEIS, L. STAR-GRASS. Perianth tubular, scurfy and viscid without, smooth within, 6-clcft, the tube adnate to the base of the ovary. Stamens 6, very short, included: anthers sagittate. Style subulate, erect, persistent, and separable : stigmas 3. Capsule ovate, coriaceous. Seeds ovate, ribbed, fixed at the base. — Perennial herbs, with slender scape-like linear-bracted stems, bearing at the base a cluster of flat sprea4ing leaves, and at the summit numerous small white or yellow flowers in a spiked raceme. ^ 1 . A. farinosa, L. Leaves lanceolate, very acute, sessile ; spike short (3' -12'), rigid; flowers approximate or crowded; perianth white or yellow, nearly sessile, cylindrical, with narrow and spreading lobes ; style slender, sub- ulate, 3-cleft ; capsule ovate-lanceolate, longer than the perianth. — Pine-barren swamps, Florida to North Carolina. May and June. — Scape 2° -3° high. Leaves 3' - 6' long. Perianth 4" long. t * 2. A. aurea, Walt. Leaves ovate-lanceolate, very acute, narrowed at the base; raceme elongated (1°- 2°), slender; flowers scattered; perianth white or yellow, short-stalked, globose-ovate, with broad and connivent lobes ; style short, somewhat conical, obscurely 3-cleft ; capsule ovate; as long as the perianth. — Low sandy soil, Florida to North Carolina. May and June. — Scape 2° -3° high. Leaves 2' - 4' long. Perianth 2" - 3" long. ORDER 146. BROMELIACE^E. (PINE-APPLE FAMILY.) Chiefly scurfy epiphytes, with fibrous roots, rigid leaves, and regular conspicuously bracted mostly spiked flowers. — Perianth free, or more or less adnate to the 3-celled ovary, 6-parted, imbricated, the three outer divisions calyx-like. Stamens 6 : anthers 2-celled, introrse. Ovules nu- merous, anatropous, erect or pendulous. Placentae central. Style single : stigmas 3. Fruit berry-like, or 3-celled, 3-valved capsule. Seeds stalked. Embryo small, at the base of copious mealy albumen. 1. TILLANDSIA, L. LONG Moss. AIR-PLANT. Sepals rigid. Petals imbricated and tube-like below, spreading above. Sta- mens filiform, hypogynous. Ovary free. Style slender. Capsule linear or BROMELIACE^E. (PINE-APPLE FAMILY.) 471 linear-oblong, cartilaginous, septicidally 3-valved, each valve separating into 2 plates. Seeds erect, club-shaped, pointed, raised on a long and hairy stalk. — Radical leaves mostly crowded, imbricated. Petals fugacious. * Stem rigid, erect : flowers spiked, blue. •*- Leaves broad at the base, gradually narrowed upward. 1. T. Utriculata, Leconte. Leaves scurfy and glaucous, subulate and recurved at the summit, very much dilated, concave and imbricated at the base, shorter than the rigid mostly branching stem ; the uppermost small and sheath- ing ; flowers scattered ; sepals oblong-linear, obtuse, longer than the oblong pu- bescent membranaceous bracts, much shorter than the capsule ; petals pale blue, twice as long as the sepals, slightly spreading at the apex ; stamens exserted. — South Florida. June and July. — Stem 2° -3° high. The dilated and imbri- cated bases of the leaves form a kind of cup which commonly contains a consid- erable quantity of water. 2. T. bracteata, n. sp. Leaves scurfy, concave, gradually narrowed up- ward, subulate and erect at the -apex, the uppermost reduced to ovate pointed bracts ; stem branched, longer than the leaves ; spikes compressed, 2-edged ; bracts ovate, coriaceous, smooth, closely imbricated in two rows, keeled, on the back, longer than the linear acute keeled sepals. — South Florida. — Stem 2° high. Leaves 1° - 1£° long. 3. T. bulbosa, Hook. Small, very scurfy ; leaves broad and clasping at the base, concave, imbricated, nearly equal, spreading above, shorter than the spike ; spike simple, few-flowered ; bracts oblong, scurfy, imbricated in two rows, longer than the sepals, and half as long as the capsule. — South Florida. — Stem stout, 4' high. Spike 3' - 4' long, 6 - 7-flowered. Leaves 3' - 4' long. Corolla purplish blue. -*- -i— Leaves linear or filiform, from an abruptly dilated base. 4. T. juncea, Leconte. Stem slender, leafy; leaves scurfy, linear, con- cave, recurved, longer than the stem, the lowest ones imbricated, the upper sheathing ; spikes branched, few-flowered ; bracts imbricated, smoothish, acute, longer than the sepals ; petals deep blue, three times as long as the sepals, re- curved at the apex. — South Florida. — Stem 1° high. Spikes 2' -4' long. Leaves 1°-1|° long. 5. T. Bartramii, Ell. Stem slender, leafy ; leaves smooth, erect, filiform, straight and rigid, as long as the stem, the upper ones short and sheathing ; spike branched, few-flowered ; bracts scurfy, imbricated, longer than the sepals, nearly as long as the capsule, the lower ones awned ; petals blue, spreading at the apex. — Southern districts of Georgia, Elliott, to South Florida. — Stem 1° high. Spikes 3' -4' long. Leaves bristle-like at the summit. 6. T. CSSSpitOSa, Leconte. Stems low, clustered ; leaves reddish, longer than the stem, scurfy, bristle-awl-shaped, erect, semi-terete, concave at the base, the upper ones scale-like ; spike 3 - 4-flowered ; bracts imbricated ; petals blue, longer than the bracts, recurved at the apex. (T. pinifolia, Leconte?) — East Florida, Leconte. — Plant reddish, 4' - 5' high, growing in large roundish clusters on the trunks of trees. 472 IRIDACE^E. (IRIS FAMILY.) 7. T. recurvata, Pursh. Leaves scurfy, bristle-awl-shaped, curved, nearly terete, shorter than the stem ; stem naked above, 1 - 2-flowered ; corolla longer than the calyx. — East Florida, Leconte. — Stem 6' high. Leaves ash-color, 2- ranked, narrowly channelled. * * Stems filiform, pendent: flowers solitary, green. 8. T. usneoides, L. (LONG Moss.) Scurfy and hoary; stems (1°- 2° long) branching ; leaves 2-ranked, linear-awl-shaped, recurved ; flowers sessile at the summit of the branches, small ; sepals longer than the bracts, half as long as the linear recurved green petals. — Humid situations in the lower districts, Florida to North Carolina, and westward. June - Sept. ORDER 147. IRIDACEJE. (!RIS FAMILY.) Herbs, with linear or sword-shaped equitant nerved leaves, and fuga- cious often showy flowers from a 2-leaved spathe. — Perianth 6-parted, the divisions spreading and equal, or the inner ones smaller, convolute in the bud. Stamens 3, distinct or united : anthers extrorse. Ovary adnate to the tube of the perianth, 3-celled ; the numerous anatropous ovules fixed to the central placentae. Style single : stigmas 3. Capsule loculi- cidally 3-valved. Embryo in the axis of fleshy albumen. Synopsis. 1. IRIS. Stigmas petal-like, covering the stamens : capsule angular. 2. SISYRINCHIUM. Stigmas filiform : capsule globular : stem flat. 3. NEMASTYLIS. Stigmas filiform, 2-parted : stem terete. 1. IRIS, L. BLUE FLAG. FLOWER-DE-LUCE. Perianth corolla-like, 6-parted, the exterior divisions recurved, and often crested or bearded within, the interior mostly smaller and erect. Stamens 3, opposite the outer divisions of the perianth, concealed by the dilated petal-like 2-lipped spreading stigmas. Style 3-angled. Capsule 3 - 6-angled. Seed nu- merous, flattened, packed in 2 rows in the cells. — Perennial herbs, with creep- ing or tuberous rootstocks, simple or branched stems, linear or sword-shaped leaves, and showy flowers from a scarious spathe. * Stems tall, leafy : divisions of the perianth unequal. 1. I. versicolor, L. Stem nearly terete, simple or branched; leaves sword-shaped ; flowers terminal, single or spiked, crestless ; perianth pale blue, variegated with white, yellow, and purple, the inflated tube shorter than the obtusely 3-angled ovary ; stigmas 2-toothed at the base, with the lips entire, or slightly crenate ; capsule oblong, obtusely 3-angled. — "Wet places, Florida, and northward. April and May. — Stem l£°-2° high. Lowest leaves l£°-2° long, 1' - 1^' wide. Perianth 2' long. 2. I. hexagona, Walt. Stem terete, simple ; leaves linear-sword-shaped ; flowers axillary and terminal, solitary, crested ; perianth deep blue, variegated with white, yellow, and purple ; the cylindrical angular tube longer than the IRIDACE^E. (IRIS FAMILY.) 473 6-angled ovary ; stigmas much longer than the anthers, nearly as long as the interior perianth, the large lips cut-toothed ; capsule oblong-cylindrical, 6-angled. — Swamps, Florida to South Carolina, near the coast. April. — Stem 2° - 3° high. Lowest leaves 2° - 3° long. Flowers 4' long. 3. I. cuprea, Pursh. Stem simple, furrowed and 1-angled below; leaves linear-sword-shaped ; flowers axillary and terminal, single or by pairs, crestless, dull yellow ; tube of the perianth somewhat inflated, as long as the 6-angled ovary ; stigmas scarcely longer than the anthers, about half as long as the petals, the lips nearly entire ; capsule tumid, 6-angled. — Swamps in the lower districts of Georgia, Elliott, and westward. April and May. — Stem 3° high. Leaves 2° long. Flowers 2' long. , •., -; 4. I. tripetala, Walt. Stem terete, simple, or with peduncle-like branches; leaves rather short, sword-shaped, glaucous ; flowers terminal, solitary, crestless, blue, variegated with yellow and purple ; inner divisions of the perianth very short, wedge-shaped, abruptly pointed ; stigmas 2-toothed at the base, and with toothed lips ; ovary 3-angled, longer than the short terete tube of the perianth ; capsule oval, 3-angled. — Pine-barren swamps, Florida to North Carolina. June and July. — Stem 1°- 2° high. Leaves 1° long. Flowers 2' -3' long, some- times by pairs. Limb of the sepals roundish. 5. I. Virginica, L. Stem slender, simple ; leaves elongated, grass-like ; flowers 2-6, terminal, on a long and slender peduncle, crestless, blue and white ; ovary 3-angled, 2-furrowed on the sides, much longer than the very short tube of the perianth ; capsule 3-angled, acute at each end. — Swamps, North Caro- lina, Tennessee, and northward. June. — Stem and lower leaves 2° long. Flowers 1^' long. * * Stems low, with sheath-like leaves : divisions of the perianth nearly equal. 6. I. verna, L. Stem very short, concealed by the short spathe-like leaves, 1 -flowered ; proper leaves linear-sword-shaped, glaucous ; perianth pale blue, crestless, the divisions about as long as the filiform partly concealed tube ; capsule 3-angled. — Pine barrens of the middle districts, mostly in dry soil, Alabama to North Carolina. April- — Leaves 5' -8' long. Limb of the peri- anth I/long. 7. I. cristata, Ait. Stem 1-3-flowered; leaves lanceolate (3' -5' long); outer divisions of the perianth crested, much shorter than the filiform tube ; capsule acutely 3-angled ; otherwise like the preceding. — Mountains of North Carolina. May. 2. SISYBINCHIUM, L. BLUE-EYED GRASS. Perianth corolla-like, 6-parted, the divisions nearly equal, spreading. Stamens 3, monadelphous : anthers sagittate. Style short: stigmas 3, simple,. filiform and involute- Capsule and seeds roundish. — Grass-like herbs, with fibrous roots, and scape-like 2-edged stems. Flowers small, in an umbellate cluster, successively developed from a rigid 2-leaved spathe. 40* 474 DIOSCOREACEJS. (YAM FAMILY.) 1. S. Bermudiana, L. Leaves linear, erect ; stem simple or sparingly branched, naked or 1 - 2-leaved, more or less broadly 2-winged ; leaves of the spathe equal and shorter than the flowers, or the lower one much longer than the flowers ; perianth blue, yellow in the centre ; the divisions notched and bristle-awned at the apex. (S. mucronatum, Michx.} — Grassy meadows, or sometimes in dry soil, Florida, and northward. July and Aug. — Stem 6'- 18' high. Leaves mostly shorter than the stem. Flowers 4 - 6 in a spathe, £' wide, opening in the evening. 3. NEMASTYLIS, Nutt. Perianth 6-parted, the divisions nearly equal and spreading. Stamens 3, dis- tinct, with the subulate filaments much shorter than the elongated linear anthers. Style short, 3-lobed, with the lobes 2-parted, each division produced into filiform radiating stigmas. Capsule oblong, truncated. — Herbs with coated bulbous roots, linear plicate leaves, and very fugacious flowers from a 2-leaved spathe. 1. N. ccelestina, Nutt. Bulb small, roundish; radical leaves few, elon- gated, sheathing ; those of the stem diminishing upward, the uppermost bract- like ; flowers mostly solitary, terminal ; divisions of the perianth oblong-obovate ; capsule obtusely 3-angled ; seeds angular, brown. (Ixia ccelestina, Bartram.) — Pine barrens, Florida to South Carolina, and westward. May and June. — Stem l£° - 2° high. Flowers bright blue. ORDER 148. DIOSCOREACEvE. (YAM FAMILY.) Twining herbs, with tuberous roots, ribbed and reticulated leaves, and small regular dioecious flowers, in axillary spikes or panicles. — Perianth 6-parted, the tube (in the fertile flower) adherent to the 3-celled ovary. Stamens 6 : anthers 2-celled, introrse. Ovules anatropous, 1 - 2 in each cell. Styles 3, more or less united below. Fruit mostly capsular, 3-6- seeded. Embryo minute, in hard albumen, 1. DIOSCOREA, Plum. YAM. Tube of the perianth 3-winged. Stamens inserted at the base of the limb. Capsule 6-seeded, membranaceous, 3 winged, opening septicidally through the wings. Seeds flat, broadly winged. — Leaves petioled, mostly cordate andv entire. Petioles tumid at the base. 1. D. villosa, L. Stem smooth (10° -15° long); leaves alternate, oppo- site, or whorled, broadly cordate, acuminate, 7-9-nerved, smooth, or pubescent beneath, mostly longer than the slender petiole ; flowers very small, whitish ; the sterile ones in scattered clusters on the very slender branches of the axillary panicles ; the fertile in a simple spike ; stigmas notched at the apex ; capsule oval or obovate, strongly 3-winged, nodding. (D. quaternata, Walt.) — Margins of swamps, Florida, and northward. July. SMILACE^E. (SMILAX FAMILY.) 475 ORDER 149. SMILACE^E. (SMILAX FAMILY.) Herbs or climbing shrubs, not essentially distinct from the Lily Family, but with ribbed and veiny reticulated leaves, and separate styles or stig- mas. — Leaves not sheathing, often bearing tendrils. Fruit baccate. SUBORDER I. . EUSMILACEJE. (SMILAX FAMILY.) Flowers di- cecious, in axillary and umbel-like clusters. Anthers 1-celled. Stigmas 1-3, sessile or nearly so. Ovules 1 - 2 in each cell of the ovary, ortho- tropous, suspended. — Tendril-bearing vines. Flowers small. Leaves alternate. 1. SMILAX. Cells of the ovary l-oruled. Woody Tines. - 2. COPROSMANTHUS. Cells of the ovary 2-ovuled. Climbing herbs. SUBORDER II. TRILLIACE^E. (TRILLIUM FAMILY.) Flowers perfect, terminal. Anthers 2-celled. Styles or stigmas 3. Ovules sev- eral in each cell of the ovary, anatropous, horizontal. — Erect herbs. Leaves whorled. 3. TRILLIUM. Exterior leaves of the perianth calyx-like, persistent. Stem 1-flowered. Leaves 3 hi a whorl, terminal. 4. MEDEOLA. Leaves of the perianth alike, deciduous. Stem few-flowered. Leaves 3- 7 in a whorl, lateral and terminal. 1. SMILAX, Tourn. CHINA BRIER. Flowers dioecious. Perianth bell-shaped, 6-leaved, the leaves nearly equal and alike, deciduous. Stamens 6, inserted on the base of the perianth : anthers erect, 1-celled. Ovary free from the perianth, 1-3-celled, with a single orthotropous pendulous ovule in each cell. Stigmas 1-3 (mostly 3), sessile or nearly so, slender, spreading, or recurved. Berry 1 - 3-celled, 1 - 3-seeded. Seeds globu- lar or angled. Embryo minute, in horny albumen. — "Woody and commonly thorny or prickly vines, climbing by means of a pair of tendrils attached to the petioles. Leaves alternate, ribbed, and reticulate- veined, mostly smooth and shining. Flowers small, greenish, in stalked axillary clusters. * Peduncles longer than the petioles or pedicels. » •*- Peduncles flattened : berry black. 1. S. tamnoides, L. Stem scurfy when young, armed with stout subulate prickles ; branches mostly unarmed, compressed - 4-angled ; leaves deltoid-ovate, or hastate - 3-lobed, truncate or slightly cordate, rarely acute at the base, 5-7- ' ribbed, often discolored; the margins, ribs, and petiole smooth, or fringed with fine prickles ; peduncles about twice as long as the petioles ; stigmas 1-3, mostly solitary; berry commonly 1 -seeded. (S. Bona-Nox, hastata, hedersefolia, &c. of authors.) — Swamps and thickets, Florida, and northward. May. 2. S. Pseudo-China, L. Lower part of. the stem beset with numerous black needle-shaped prickles ; branches unarmed, slightly angled ; leaves ovate or round-ovate, often contracted in the middle, rounded or cordate at the base, 476 SMILACE^E. (SMILAX FAMILY.) abruptly pointed, more or less bristly-ciliate on the margins, 5-nerved •, peduncles three times as long as the petioles, many-flowered ; stigmas 3 ; berry 3-seeded. (S. panduratus, Pursh.) — "Woods and thickets, Florida, and northward. April and May. 3. S. glauca, Walt. Stem armed with few and scattered prickles, very slender; branches terete, unarmed; leaves ovate or oval, entire, obtuse, mu- cronate, rounded or slightly cordate at the base, white beneath, 3 - 5-ribbed, the margins entire ; peduncles very slender, 2-3 times as long as the petiole, few- flowered ; stigmas 3 ; berry 3-seeded, glaucous. (S. caduca, Willd.) — Shady margins of swamps, Florida, and northward. May. — Leaves 2' - 4' long. •*- -«— Peduncles terete : berry whitish. 4. S. pumila, Walt. Softly pubescent ; stem low (l°-3° high), terete, un- armed ; leaves ovate or oblong, cordate, mucronate, persistent, mostly discolored and at length smooth above, pale beneath, 5-ribbed ; peduncles about twice as long as the petioles, rigid, dense-flowered ; stigma single ; berry ovoid, whitish, 1-seeded. (S. pubera, Michx.) — Dry sandy soil, Florida to South Carolina, in the lower districts. October. — Rootstock creeping. Leaves 2' - 4' long. * * Peduncles not longer than the petioles. •*- Berries red. 5. S. Walter i, Pursh. Stem low, armed with a few scattered prickles near the base, otherwise unarmed ; branches obscurely 4-angled ; leaves deciduous, membranaceous, varying from oblong-lanceolate to oval, mucronate, acute, round- ed or rarely slightly cordate at the base, 5-ribbed ; peduncles flattened, as long as the petioles and pedicels ; perianth rather large (3" long), brownish ; stigmas 3 ; berry (acuminate, Walt.} globular, 3-seeded. (S. caduca, Ell.} — Pine-barren ponds and swamps, Florida to North Carolina. March and April. — Rhizoma creeping. Stem seldom more than 6° long. Leaves 2' -4' long. 6. S. lanceolata, L. Stem tall, mostly unarmed ; branches terete ; leaves evergreen, rather thin, varying from lanceolate to oblong-ovate, acute at each end, 5-ribbed, paler beneath ; peduncle terete, as long as the petiole, many-flowered ; stigmas 3 ; berry globular, 3-seeded. — Rich woods and margins of swamps, Florida to North Carolina. August. — Stem sometimes 20° - 30° long. Root- stock tuberous. Leaves 3' - 4' long. •»- •»- Berries black. 7. S. laurifolia, L. Stem stout, armed with strong prickles ; branchlets 1 -angled, unarmed; leaves evergreen, coriaceous, varying from ovate to lance- olate, obtuse, mucronate, 3-nerved ; peduncles shorter than the pedicels ; stigma solitary ; berry globular, 1-seeded. (S. alba, Ph. ?) — Swamps and margins of ponds, Florida to North Carolina. July and Aug. — Stem climbing high. Leaves 3' - 5' long. Berries maturing in the fall of the succeeding year, very abundant. 8. S. auriculata, Walt. Stem commonly low and straggling, slender, armed with short prickles ; branches flexuous, 4-angled ; leaves evergreen, rigid, small, strongly 3-ribbed, varying from lanceolate to ovate, entire or hastate - 3-lobed, acute at each end ; peduncles shorter than the pedicels, many-flowered ; stigmas SMILACE^E. (SMILAX FAMILY.) 477 2 - 3 ; berry small, globular 2 - 3-seeded. (S. ovata, Pursh ? Ell.} — Dry sand- ridges along the coast, Florida to North Carolina. May and June. — Stem trail- ing, or covering small bushes. Leaves 1' - 2' long, strongly reticulated. Flowers small, very fragrant. 9. S. rotundifolia, L. Stem climbing high, armed with scattered prickles ; branchlets 4-angled ; leaves thin, ovate or round-ovate, entire, abruptly pointed, mostly rounded or slightly cordate at the base ; peduncles few-flowered, rather longer than the pedicels, flattened; berry globular, 3-seeded, blue-black. (S. caduca, L. S. quadrangularis, Muhl.) — Swamps in the middle and upper dis- tricts, and northward. June. — Plant yellowish green. Leaves 2' -4' long. 2. COPROSMANTHTJS, Torr. Cells of the ovary 2-ovuled. — Stems herbaceous, unarmed. Peduncles and petioles elongated. Berry blue-black. Otherwise like Smilax. • 1. C. herbaceus, Kunth. Stem erect (l°-3° high), mostly simple, leafy above ; leaves few, oblong or oval, mucronate, pubescent, 5-nerved, the upper ones whorled, the lower bract-like; peduncles few (3' -4' long), below the leaves; berry 2 -3-seeded. (Smilax herbacea, L.) — Dry fertile soil, Florida to North Carolina. June. — Flowers fetid. 2. C. peduncular is, Kunth. Stems curving or climbing (3° -5° long), branched, leafy ; leaves alternate, round-cordate, acuminate, smooth ; peduncles numerous, axillary (4' -6' long) ; berry 6-seeded. (Smilax peduncularis, Muhl.) — Rich soil in the upper districts, and northward. June. — Flowers fetid. 3. C. tamnifolius, Kunth. Stems erect or climbing; leaves hastate, cordate, obtuse, mucronate, 5-nerved, smooth, the upper ones narrower ; pedun- cles longer than the petioles; berry 2 -3-seeded. ( Smilax tamnifolia, Michx.) — Pine barrens, South Carolina, and northward. July. 3. TRILLIUM, L. Flowers perfect. Perianth 6-leaved, the three exterior leaves calyx-like, per- sistent, the interior withering. Stamens 6, inserted at the base of the perianth. Filaments short : anthers adnate, linear, 2-celled. Ovary 6-ribbed, 3-celled, with numerous anatropous horizontal ovules in each cell. Styles or stigmas 3, slen- der, stigmatic within, recurved, persistent. Fruit a roundish 6-sided many- seeded purple berry. •— Low perennial herbs, with tuberous rootstocks, and simple stems, which are sheathed at the base, and terminated with a whorl of three broad leaves and a single sessile or peduncled showy flower. * Flower sessile, erect. 1. T. sessile, L. Rootstbck horizontal ; stems slender, commonly two or more in a cluster ; leaves sessile, broadly oval, widest in the middle, abruptly short-pointed, narrowed at the base, 3- 5-nerved, variegated above with paler and deeper green ; petals dark purple, lanceolate, erect, much longer than the lanceolate spreading sepals, — Rich shady woods, in the upper districts, and 478 SMILACE^E. (SMILAX FAMILY.) northward. March and April. — • Stems 6'- 12' high. Leaves 1'- 3' long. Pet- als 10" -15" long. 2. T. discolor, Wray ? Eootstock tuberous, vertical ; stem stout, solitary ; leaves sessile, varying from ovate-lanceolate to broadly ovate, tapering from near the base to the apex, 3 - 7 -nerved, variegated above with green and brown or dark purple ; petals erect, oblong, obtuse, narrowed below, dark purple varying into green, rather longer than the lanceolate, spreading sepals ; filaments very short, purple. — Rich woods, in the middle and lower districts, Florida to South Carolina. Feb. and March. — Stem 6' - 12' high. Leaves 3'- 5' long. Petals iy- 2' long. * * Flower on an erect or declining peduncle. 3. T. pusillum, Michx. Stem slender; leaves sessile, lanceolate or ob- long, obtuse, 3-nerved ; peduncle erect, shorter than the spreading flower ; petals lanceolate, pale flesh-color, acutish, one third longer than the lanceolate obtuse sepals ; filaments slender, as long as the anthers ; stigmas united below into a slender style, longer than the filaments. — Pine barrens in the low country of Carolina, Michaux. North Carolina, Curtis. — Stem 6' - 8' high. Leaves l£'- 2' long. Flower 8" - 10" long. 4. T. erectum, L. Stem solitary; leaves sessile, broadly rhomboidal, abruptly acuminate, acute at the base ; peduncles longer than the spreading flowers (l^'-3' long), at length declined; petals oval or oblong, obtuse or acutish, dark-purple, rather longer than the lanceolate-ovate acute sepals ; fila- ments shorter than the anthers, or the short and distinct stigmas. (T. rhomboi- deum, Michx.) — Varies with smaller white or yellowish flowers. — Shady woods, on the mountains of North Carolina, and northward. May. — Stem 1° high. Leaves 3;- 5' long, and of the same width. Flowers 1'- l£' long, fetid. 5. T. grandiflorum, Salisb. Stem solitary ; leaves rhombic-ovate, abruptly acuminate, nearly sessile ; peduncle longer than the erect-spreading flower, erect or slightly declined; petals obovate, white, much longer and broader than the lanceolate acutish sepals ; filaments slender, shorter than the anthers, nearly equalling the short recurved stigmas. — Shady woods on the mountains of Carolina, Elliott, and northward. May. — Stem 1°-1|° high. Leaves 3' - 5' long. Petals 2' long, changing to rose-color. 6. T. erythrocarpum, Michx. Stem solitary; leaves ovate, long- acuminate, rounded at the base, short-petioled ; peduncle (l'-2; long) erect, longer than the widely-spreading flower; petals oblong, acutish, wavy, much longer than the lanceolate sepals, white, striped with purple at the base ; stigmas slender, longer than the anthers; berry red. — Rich shady woods in the upper districts, Georgia, and northward. April and May. — Stem 1° high. Leaves 3' - 5' long. Flowers 9 " - 1 2" long. * * * Flower on a recurved peduncle. 7. T. cernuum, L. Stems 2-3 together; leaves broadly rhomboidal, abruptly acuminate, short-petioled; peduncle mostly shorter than the small flower ; petals white, oblong-ovate, acute, wavy, recurved, rather longer than ROXBURGHIACEJE. (ROXBURGHIA FAMILY.) 479 the lanceolate sepals ; stigmas short, distinct, exceeding the short erect anthers. — Shady woods in the upper districts, Georgia, and northward. April and May. — Stem 1°- l£° high. Leaves 2'- 6' long, and nearly as broad. Petals 8" -12" long. 8. T. stylosum, Nutt. Stem solitary, slender ; leaves oval or oblong, acute, short-petioled ; peduncle shorter than the large flower ; petals rose-color, oblong, obtuse or abruptly pointed, wavy, spreading, much longer and broader than the lanceolate sepals; stigmas slender, united below the middle, much shorter than the long recurved anthers. (T. nervosum, and T. Catesbsei, Ell.) — Low shady woods in the upper districts, Georgia to North Carolina. April and May. — Stem 1° - l£° high. Leaves 4' long. Petals l£' - 2' long. 4. MEDEOLA, Gronov. Flowers perfect. Leaves of the perianth 6, similar, deciduous. Stamens 6, erect, hypogynous : anthers linear-oblong, fixed near the base, introrse. Ovary globose, 3-celled, with six anatropous ovules in each cell. Styles 3, slender, recurved, stigmatic within. Berry globose. 1 M. Virginia a, L. Rhizoma horizontal, tuberous ; stem simple, slen- der, clothed with loose deciduous wool, bracted below, bearing above the middle a whorl of 6 - 8 oblong-lanceolate acute leaves, and at the summit a smaller whorl of 3-4 ovate leaves, which surround the 2-8 small greenish nodding flowers ; styles red. — Shady banks, Middle Florida, and northward. June. — Stem 2° high. ORDER 150. ROXBTJRGHIACE.E. (ROXBURGHIA FAMILY.) Herbs or twining shrubs, with petioled parallel-nerved reticulated leaves, and perfect axillary racemose flowers. — Perianth 4-leaved or 4-parted. Stamens 4, hypogynous: anthers 2-celled, introrse. Ovary free, or united with the base of the perianth, 1-celled. Stigma sessile. Ovules few or numerous, anatropous. Placenta parietal. Capsule 2-valved. Seeds fixed to hairy or fibrillous cords, erect or pendulous. Embryo minute or slender, in fleshy albumen. 1. CROOMIA, Torr. Perianth deeply 4-parted, persistent, the spreading nerveless oval divisions imbricated in the bud. Filaments separate, thick, erect, inserted on the base of the perianth opposite its lobes : anthers short, oblique, with the connective mi- nute or wanting. Ovary globose-ovate, sessile. Stigma 2-lobed. Ovules 4-6. Fruit follicular, beak -pointed, at length 2-valved. Seeds 1-4, obovate, sus- pended from the apex of the nerve-like, at length free placenta, nearly covered by the fibres of the cord. Embryo minute, obovate. — A low perennial herb, 480 LILTACE^. (LILY FAMILY.) from a slender creeping rhizoma. Stem simple, sheathed at the base, leafy at the summit. Leaves 4-6, alternate, oblong-cordate, 5-9-ribbed. Peduncles few-flowered. Flowers small, greenish, on jointed nodding pedicels, which are thickened upward. 1. C. pauciflora, Torr. — Shady woods, Florida, Georgia, and Alabama. April. — Stem 6' - 12' high. Leaves 2' - 4' long, thin, spreading. ORDER 151. LJUACEJE. (LILY FAMILY.) Chiefly herbs, with sessile or sheathing parallel-nerved leaves, and per- fect flowers. — Perianth corolla-like, 6- (rarely 4-) leaved or lobed, free from the 2- 3-celled ovary. Stamens 6 (rarely 4), hypogynous or perigy- nous : anthers introrse (except in No. 9). Styles united. Stigmas 3, distinct or united. Fruit a capsule or berry, few - many-seeded. Seeds anatropous or amphitropous. Embryo small, in fleshy or hard albumen. Synopsis. TEIBE I. A SPAR AGE JE. Fruit a berry. Divisions of the perianth more or less united (except No. 4). — Leaves broad. 1. POLYGONATUM. Flowers axillary. Perianth tubular. Stems leafy. 2. SMILAC1NA. Flowers in a terminal raceme. Perianth spreading. Stems leafy. 3. CONVALLARIA. Flowers racemed. Perianth 6- lobed. Scape naked. 4. CLINTONIA. Flowers umbelled. Perianth 6-leaved. Scape naked. TRIBE II. ASFHODELE^. Fruit a capsule. Divisions of the perianth united at the base. — Stems scape-like. Leaves linear, rarely lanceolate. # Root a coated bulb. 5. ALLITJM. Flowers umbelled, from a scarious spathe. Seeds smooth and black. & NOLINA. Flowers racemed, white. Stigmas 3. Seeds roughened, brown. * * Root a tuberous rhizoma. 7. SCHCENOLIRION. Flowers racemed, white. Seeds smooth and black. Leaves equitant. TEIBE III. TUIjIPACE.S2. Fruit a capsule. Divisions of the perianth distinct, de- ciduous. — Stems leafy. * Bulbous-rooted herbs. Seeds pale. 8. -ERYTHRONIUM. Seeds ovoid, with a membranaceous appendage at the apex. Stem 2 -leaved. 9. LILIUM. Seed flat, winged, not appendaged. Stem many-leaved. * * Palm-like arborescent plants. Seeds black. 10. YUCCA. Stigmas 3, nearly sessile. Capsule dry or pulpy. Leaves spiny-pointed. 1. POLYGONATITM, Desf. Perianth tubular, 6-cleft. Stamens 6, inserted on the middle of the tube, in- cluded : anthers sagittate, fixed at the base. Ovary 3-celled, with 3-6 6vules in each cell. Style slender: stigma obtuse. Berry few-seeded. — Khizoma creeping. Stem simple, leafy. Leaves oval or oblong. Peduncles axillary, 1 - few-flowered. Flowers drooping, on bractless pedicels. (LILY FAMILY.) 481 1. P. biflorum, Ell. Stem terete or furrowed, smooth, curving above; leaves 2-rankcd, sessile or slightly clasping, oblong, 3-7-nervcd, smooth, or pubescent beneath ; peduncles much shorter than the leaves, 1 - 4-flowered ; flowers greenish ; filaments granular-roughened ; berry dark-blue. (P. pubes- cens, and P. multiflorum, Pursh.) — Shady banks, Florida, and northward. May. — Stem l°-2° high, naked below. Leaves 3' -4' long, acute or obtuse. Flowers 4" - 5" Ions. 2. SMILACIWA, Desf. SOLOMON'S SEAL. Perianth 4- or 6-parted, spreading, deciduous. Stamens 4 or 6, inserted on the base of the perianth : anthers ovate. Ovary 2 - 3-celled, with two ovules in each cell. Style short and thick : stigma obscurely 3-lobed. Berry globular, 1 - 2-seeded. — Stems simple, erect, leafy. Flowers small, white, in a terminal raceme or panicle. § 1. SMILACINA. Divisions of the perianth and stamens 6. Ovary 3-celled. 1. S. racemosa, Desf. Pubescent; rhizoma thick; stem flexuous, curv- ing and leafy above ; leaves numerous, 2-rankcd, oblong, acuminate, nearly sessile, strongly ribbed ; flowers numerous, in a close raceme or panicle ; berry red, spotted. — Rich soil in the upper districts, and northward. June and July. — Stem 1° - 2° high. Leaves 3' - 5' long. § 2. MAIANTHEMUM. Divisions of the perianth and stamens 4. Ovary 2-celled. 2. S. bifolia, Ker. Smooth; rhizoma slender; stem low, erect, 2-leaved above ; leaves ovate, cordate, sessile or clasping, finely nerved ; raceme simple, few-flowered ; berry red, spotted. — High mountains of North Carolina, and northward. June. — Stem 3' - 6' high. Leaves 1 ' - 2' long. 3. CONVALLARIA, L. LILY or THE VALLEY. Perianth bell-shaped, 6-cleft, deciduous. Stamens 6, inserted on the base of the perianth, included : anthers fixed at the base. Ovary 3-celled, tapering into the thick style. Ovules 4 - 6 in each cell. Stigma truncate. Berry globose, few-seeded. — A perennial stemless herb, with a creeping rhizoma, and white racemose flowers. 1. C. majalis, L. — High mountains of North Carolina. May. — Smooth. Rhizoma slender. Leaves two, oblong, their long petioles convolute, one within the other. Scape semi-terete, bearing a 1 -sided raceme of fragrant nodding flowers. Berry red. 4. CLINTONIA, Eaf. Perianth bell-shaped, 6-leaved, deciduous. Stamens 6, inserted oa the base of the perianth. Filaments filiform ; anthers linear-oblong. Ovary 2 - 3-celled, with two or more ovules in each cell. Style elongated : stigma obtuse. Berry 2 - many-seeded. — Stemless herbs, with creeping rootstocks, large radical sheath- 41 482 LILIACE^E. (LILY FAMILY.) ing leaves, and an umbel of white or greenish flowers terminating the naked scape. Berries blue. 1. C. umbellata, Torr. Leaves 2-4, oblong, ciliate on the keel and margins; scape pubescent ; umbel many-flowered ; flowers small (3" -4" long), white spotted with green or purple ; ovules 2 in each cell. (Smilacina urnbel- lata, Desf.) — Shady woods on the mountains, Georgia, and northward. June. — Scape 8' - 12' high, rather longer than the leaves. 2. C. borealis, Raf. Leaves obovate-oblong, ciliate on the margins, acute ; scape and 2 - 7-flowered umbel pubescent; flowers (6" -9" long) greenish yel- low ; ovules numerous. — Cold swamps on the high mountains of North Caro- lina, and northward. June. — Scape and leaves 8'- 10' high. 5. ALLIUM, L. OXION. Perianth 6-parted, spreading, persistent. Stamens 6, inserted on the base of the perianth. Filaments subulate, the interior ones more or less dilated at the base. Ovary 3-celled. Style filiform : stigma entire. Capsule loculicidally 3-valved. Seeds anatropous or campylotropous, single or few in each cell, angled, black. — Strong-scented stemless herbs, with bulbous roots, and a naked scape, ending in an umbel of small flowers, from a 2 - 3-leaved spathe. — Flow- ers sometimes changed into bulblets. * Ovules solitary in the cells. 1. A. tricoccum, Ait. Leaves lanceolate-oblong, acute, flat, long-taper- ing toward the base, early withering ; umbel small, dense, many-flowered, erect ; leaves of the perianth oblong, obtuse, longer than the stamens. — Mountains of North Carolina, and northward. July. — Bulbs clustered. Scape 1° high. Flowers white. * * Ovules 2 in each cell. 2. A. cernuum, Roth. Leaves linear, channelled; scape angled; umbel many-flowered, nodding ; leaves of the perianth acute ; stamens exserted ; ovary 6-toothed. — Mountains of South Carolina, and northward. July. — Scape l°-l£°high. Flowers rose-color, on slender pedicels. , • 3. A. Canadense, Kalm. Leaves narrowly linear, concave ; scape terete ; umbel erect, bearing a cluster of bulbets, intermingled with a few stalked rose- colored flowers ; spathe 1 - 2-le^ved ; leaves of the perianth obtuse, as long as the stamens ; ovary 6-toothed. — Banks of rivers, Florida, and northward. June. — Scape 1,° high. Outer coats of the bulb white and scarious. 4. A. mutabile, Michx. Leaves very narrow, concave; scape terete, umbel erect, many-flowered ; spathe 3-leaved ; leaves of the perianth acute, as long as the stamens, white changing to rose-color. — Dry sandy soil, Florida to North Carolina. May and June. — Scape 1° high. Outer coats uf the bulb composed of a network of fine fibres. * * * Ovules several in each cell. 5. A. striatum, Jacq. Leaves linear, concave; umbel erect, 3-10-flow- ered; spathe 2-leaved; perianth longer than the stamens, white, the exterior (LILY FAMILY.) 483 leaves green on the keel. — Low pine barrens, Florida to North Carolina. March and April. — Scape 6' - 12' high. Pedicels 1' - 2' long. Flowers 5" long. Leaves streaked on the back. 6. A. Carolinianum, Red. Scape naked ; leaves linear, even beneath ; spathe 2-leaved ; umbel fastigiate ; leaves of the perianth oblong, obtuse ; sta- mens subulate, twice as long as the perianth ; capsule many-seeded. — In Caro- lina. — Bulbs clustered. Flowers white, rose-color without. ( * ) 6. NOLINA, Michx. Perianth 6-parted, spreading, withering-persistent ; the divisions similar, oblong- lanceolate, 1-nerved. Stamens 6, inserted on the base of the perianth ; filaments subulate : anthers cordate. Style very short, persistent : stigmas 3, recurved. Ovary 3-angled, 3-celled, with two anatropous collateral ascending ovules in each cell Capsule mcmbranaceous, obovate, wing-angled, 3-valved, mostly 1-seeded. Seed oblong-obovate, dull brown and roughish, slightly incurved; longitudinally grooved on the inner face. Embryo slender, straight, shorter than the fleshy albumen. — Root large, bulbous. Leaves numerous, all radical, very long and narrow, recurved, keeled, rough on the margins. Scape branch- ing above. Flowers small, white, crowded in long bracted racemes. Pedicels jointed, reflexed in fruit. 1. N. Georgiana, Michx. — Dry sand-hills in the middle districts of Georgia and South Carolina. April and May. — Bulb very large, tunicated. Scape 2° -3° high, with a few scales near the base. Leaves l°-2° long, dry and harsh. 7. SCHCENOLIRION, Torn Perianth 6-parted, spreading, withering-persistent ; the divisions 3 - 5-nerved. Stamens 6, inserted on the base of the perianth : filaments subulate : anthers cor- date-sagittate, introrse. Style subulate, persistent: stigma minutely 3-lobed. Ovary globose, 3-celled, with two anatropous ascending ovules in each cell. Capsule coriaceous, broadly obovate, obtusely 3-lobed, loculicidally 3-valved, 1-6-seeded. Seeds globose or angular, smooth, black, and shining. Embryo, straight, as long as the fleshy albumen. — Perennial herbs. Root a tuberous rhizoma. Scape branching above. Radical leaves smooth, equitant, sheathing, linear, concave, rounded on the back, the others, small and bract-like. Flowers small, white, in loose bracted racemes. Pedicels spreading, jointed. 1. S. Michauxii, Torr. Pedicels 2 -4 times the length of the bracts; divis- ions of the perianth oblong, the nerves somewhat distant. (Phalangium croceum, Michx. Ornithogalum croceum, Ell.) — Swamps, chiefly in the pine barrens, Georgia, Florida, and westward. May and June. — Rhizoma cylindrical. Scape 2° high, slender. Leaves 1° long. 8. ERYTHRONIUM, I,. DOG'S-TOOTH VIOLET. Perianth corolla-like, with six spreading or recurved deciduous separate leaves; the three inner ones grooved and 2-toothed at the base. Stamens 6, 484 LILIACE^E. (LILY FAMILY.) slender : anthers oblong-linear, erect. Style slender : stigma 3-lobed. Capsule obovate, 3-angled, many-seeded. Seeds ovoid, with a loose membranaceous appendage at the apex, — Low herbs from a scaly bulb. Stems low, scape-like, bearing near the middle a pair of oblong spotted sheathing leaves, and at tho apex a single nodding flower. 1 . E. Americanum, Smith. Bulbs deep, the younger ones bearing only a single leaf; leaves lanceolate or oblong, tapering into the sheathing base, va- riegated with pale and deep green; flowers (!' long) yellow, spotted near the base; style club-shaped, 3-angled; stigma obscurely 3-lobed. — Rich woods, Middle Florida, and northward. Feb. and March. 9. LILIUM, L. LILT. Perianth corolla-like, 6-leaved, deciduous, the leaves spreading or recurved above, sessile or clawed, with a nectariferous groove near the base. Stamens 6, elongated; anthers linear, extrorse in the bud, versatile. Style filiform, elon- gated ; stigma 3-lobed. Capsule oblong, many-seeded. Seeds flat, membrana- ceous, horizontal, crowded in the cells. — Leafy herbs, from scaly bulbs. Leaves scattered or whorled, sessile. Flowers large, erect, or nodding. * Flowers erect: leaves of the perianth spreading, clawed. ' , 1. L. Philadelphicum, L. Leaves lanceolate, the upper ones whorled ; flowers 1-3, reddish-orange spotted with purple ; leaves of the perianth lanceo- late, abruptly pointed. — Mountains of North Carolina, and northward. July. — Stem 1 ° - 2° high. Flowers 2 ' long. 2. L. CatesbSBi, Walt. Leaves linear-lanceolate, all scattered and erect; flower solitary, terminal, scarlet, variegated with yellow and purple ; leaves of the perianth lanceolate, acuminate, with the margins of the claws involute ; the three inner ones broader and ribbed on the back ; capsule oblong, nearly terete. — Low pine barrens, Florida to North Carolina. Aug. and Sept. — Stem l°-2°high. Leaves 1'- 2' long, obscurely nerved. Flowers 3' - 4' long. * * Flowers nodding ; leaves of the perianth recurved, sessile. 3. L. Canadense, L. Stem commonly few-flowered; leaves in remote whorls, lanceolate, 3-nerved, hairy on the nerves beneath; flowers long-peduncled ; leaves of the perianth recurved, yellow spotted with purple. — Mountain-mead- ows, Georgia, and northward. June and July. — Stem 2° - 3° high. Leaves and flowers 2' - 3' long. 4. L. SUperbum, L. Stem commonly many-flowered; leaves smooth, lanceolate, 3-nerve<l, the lower ones whorled, the upper scattered ; leaves of the perianth revolute, rather obtuse, orange spotted with purple. — Rich soil in the middle and upper districts, Georgia, and northward. June and July. — Stem 3° - 6° high. Flowers, when numerous, disposed in a pyramidal raceme. Var. Carolinianum. (L. Carolinianum, Michx.) Leaves often all scat- tered, broader, more tapering at the base, faintly nerved; flowers 1-3; leaves of the perianth acute. — Swamps in the lower districts. July. — Stem 2° -3° high. MELANTHACE^:. (COLCHICUM FAMILY.) 485 10. YUCCA, L. SPANISH BAYONET. Perianth cup-shaped, corolla-like, 6-leaved. Sepals and petals nearly alike, late-deciduous. Stamens 6, with thick granular club-shaped filaments : anthers small, oval. Ovary 3-celled, 3-sided, grooved at the angles. Stigmas 3, nearly sessile, oblong, concave, 2-cleft. Ovules numerous, in two rows, the rows sep- arated by a false partition. Capsule oblong, 6-celled, pulpy and indehiscent, or dry and loculicidally 3-valved at the apex. Seeds numerous, flat, horizontal, smooth and black. — Plants with thick palm-like leafy stems (cauclex), numer- ous rigid and spine-pointed leaves, and white showy panicled flowers. * Stein short : capsule dry, 3-valved. 1. Y. filamentosa, L (BEAR-GRASS.) Stem short and leafy; leaves rather rigid, spreading or recurved, varying from linear to broad-lanceolate, green or glaucous, with thread-like, filaments on the margins ; scape elongated, brandling and pubescent above ; leaves of the perianth ovate-lanceolate, white tinged with yellow or purple ; capsule with 3 rounded angles, loculicidal at the apex, and at length separating at the inflexed sutures into three 2-celled carpels. (Y. puberula and Y. glaucescens, Haw.) —Light or sandy soil, Florida to North Carolina, and westward. June. — Stem rarely more than a foot above the ground. Leaves 1° - 2° ftng. Scape 4° - 6° high. * * Stem tall : capsule pulpy, 6-angled, indehiscent. 2. Y. gloriosa, L. Stem mostly simple, leafy at the summit ; leaves linear-lanceolate, rigid, smooth on the margins ; panicle large, smooth, pyrami- dal, short-peduncled ; flowers white, single or clustered ; leaves of the perianth lanceolate, acute. — Drifting sands along the coast, Florida to North Carolina, and westward. May and June. — Stem 2° -4° high. Leaves 1°-1|° long. Panicle 2° - 3° long, 3. Y. aloifolia, L. Stem mostly branching, leafy above; leaves linear- ,,/£>« lanceolate, very rigid, strongly spine-pointed, very rough on the margins, the lower ones reflexed; panicle short, smooth, densely flowered, nearly sessile ; divis- ions of the perianth ovate-lanceolate, white tinged with purple. (Y. Draconis, L. Y. serrulata, Haw.) — Sands along the coast, Florida to North Carolina. May and June. — Stem 4° - 8° high. Leaves and panicle 1° - 1£° long. 4 Y. recurvifolia, Salisb. Leaves linear-lanceolate, recurved, with the margins sometimes filamentose ; interior leaves of the perianth wider than the exterior. — On the sea-coast of Georgia, Elliott. July and Aug. — Stem about 3° high. Flowers white, tinged occasionally with green and purple. ( *) ORDER 152. MELANTHACE^E. (COLCHICUM FAMILY.) Perennial herbs, with parallel-nerved leaves, and regular flowers. Perianth of 6 nearly equal divisions, free from or coherent with the base of the 3-celled ovary. Stamens 6 (in Pleea 9-12), inserted on the base of the perianth : anthers extrorse (except in Tofieldia and Pleea). Styles 41* 486 MELANTHACE^. (COLCHICUM FAMILY.) 3, distinct or more or less united. Fruit a capsule or berry. Seeds anatropous. Embryo minute, in copious albumen. Synopsis. SUBORDER I. UVULARIE^E. (THE BELL WORT FAMILY.) Peri- anth corolla-like, bell-shaped, the divisions distinct and deciduous. Styles partly or wholly united. Fruit a few-seeded capsule or berry. — Stems forking and leafy above, sheathed below. Leaves ovate or lanceolate, sessile or clasping. Flowers perfect, solitary, nodding. 1. IIVULARIA. Fruit a 3-lobed loculicidal capsule. Flowers on short lateral branches. 2. PROSARTES. Fruit a 3 - 6-seeded berry. Flowers terminal, on straight peduncles. 3. STREPTOPUS. Fruit a many-seeded berry. Flowers axillary, on bent peduncles. SUBORDER II. MELANTHIEzE. (THE COLCHICUM FAMILY.) Perianth spreading ; the divisions mostly distinct, often clawed, withering- persistent. Styles separate. Fruit a 3-celled capsule. — Stems leafy at the base, simple or branched. Flowers in racemes or panicles, sometimes polygamous or dioecious. * Anther-cells confluent. •i- Leaves of the perianth biglandular near the base. , 4. MELANTHIUM. Flowers polygamous. Filaments partly adhering to the claws of the perianth. 5. ZIGADENUS. Flowers perfect. Filaments free from the perianth. -i- -t- Leaves of the perianth glandless. 6. STENANTIIIUM. Leaves of the perianth lanceolate, acute, coherent with the base of the ovary, longer than the stamens. 7. VERATRUM. Leaves of the perianth oblong or obovate, free from the ovary, longer than the stamens and short styles. Flowers polygamous. 8. AMIANTHIUM. Leaves of the perianth obovate, free, shorter than the stamens and slender styles. Flowers perfect, racemed. 9. SCHGENOCAULON. Leaves of the perianth oblong, shorter than the stamens, much longer than the very short styles. Flowers perfect, spiked. * * Anther-cells distinct. +- Capsule loculicidal. 10. XEROPHYLLUM. Flowers perfect. Capsule 6-seeded. Radical leaves grass-like. 11. CHAMJELIRIUM. Flowers dioecious. Capsule many-seeded. Radical leaves obovate. t- +- Capsule septicidal. Leaves equitant. Anthers introrse. 12. PLEEA. Stamens 9-12. Anthers versatile. Bracts spathe-like. 13. TOFIELDIA. Stamens 6. Anthers erect. Bracts short. 1. UVULARIA, L. BELLWORT. Perianth bell-shaped, corolla-like, the divisions distinct, grooved at the base within, deciduous. Filaments short: anthers linear, adnate. Style deeply 3- cleft : stigmas spreading. Capsule 3-lobed or 3-angled, loculicidally 3-valved at the apex. Seeds few, obovoid, half encircled by the tumid raphe. — Low herbs, MELANTHACE^E. (COLCHICUM FAMILY.) 487 from a slender, creeping rhizoma. Leaves sessile or perfoliate. Flowers nod- ding, solitary, lateral or at the apex of a 1 -leaved branch, yellow. ^ * Leaves rounded at the base, perfoliate. 1. U. perfoliata, L. Leaves ovate or oblong, glaucous beneath, the sides < revolute when young ; leaves of the perianth lanceolate, acute, granular-rough- ened within, pale yellow ; capsule obovate, truncate. (U. flava, Smith.) — Woods and thickets, Florida, and northward. April. — Stem 8' -12' high. Leaves l^'-2^' long. Flowers 1' long. 2. U. grandiflora, Smith. Leaves oblong, pale or closely pubescent beneath, the young ones revolute on the margins ; leaves of the perianth linear- lanceolate, acute, smooth within, greenish yellow ; anthers obtuse ; capsule obovate. — Woods and thickets, in the upper districts of Georgia, and north- ward. April, — Larger than the preceding. Leaves 2' - 5' long. Flowers l£' long. * * Leaves narrowed at the base, sessile. 3. TJ. sessilifolia, L. Smooth ; leaves lanceolate-oblong, glaucous be- neath ; flowers on short naked peduncle-like branches, opposite the leaves ; leaves of the perianth lanceolate, obtuse, barely longer than the 3-cleft style ; anthers obtuse ; capsule obovate, stalked. — Rich soil in the middle and upper districts, and northward. April. — Stem 6' -12' high. Leaves I'-ljp long. Flowers 8" long. 4. U. Floridana, n. sp. Smooth ; leaves oblong, slightly clasping, glau- cous beneath ; flowers on a slender 1 -leaved branch ; leaves of the perianth linear-lanceolate, acuminate, twice as long as the 3-cleft style ; anthers pointed. — Low shady woods, Middle Florida, March. — Stem 4' -6' high. Leaves thin, 1' long. Flowers 8" long, pale yellow. 5. U. puberula, Michx. Slightly pubescent ; leaves green on both sides, oval, rounded at the base and somewhat clasping, rough on the margins ; style 3-parted nearly to the base, as long as the short-pointed anthers ; capsule ovate, sessile. — Mountains of North Carolina. — Flowers yellowish-white. 2. PROSARTES, Don. Perianth bell-shaped, corolla-like, the divisions distinct, deciduous. Filaments filiform, much longer than the linear-oblong obtuse anthers. Styles united: stigmas spreading. Berry ovoid, acute, 3-6-seeded. — A low forking herb. Peduncles terminal, not bent nor twisted. 1. P. lanuginosa, Don. (Streptopus lanuginosus, Michx.) — High moun- tains of North Carolina. June. — Leaves 2' -3' long, sessile, ovate-oblong, acu- minate, oblique or slightly cordate at the base, 5-nerved, pubescent. Peduncles -1-2, terminal, slender, pubescent. Leaves of the perianth J' long, lanceolate, acuminate, 3-nerved, greenish. Style smooth. Berry red. 3. STREPTOPUS, Michx. Perianth bell-shaped, corolla-like, with the divisions distinct, deciduous, the inner ones keeled. Anthers sagittate, fixed near the base, entire, or 2-pomted at 488 MELANTHACE^E. (COLCHICUM FAMILY.) the apex, longer than the filaments. Styles united: stigma 3-cleft or entire. Berry nearly globose, many-seeded. — Erect herbs, with spreading branches. Leaves clasping. Peduncles opposite the leaves, bent or twisted in the middle. 1. S. roseus, Michx. Stem much branched, with the branches flexuous and sprinkled with hairs ; leaves ovate, or the uppermost lanceolate, acuminate, slightly clasping, ciliate on the margins, 5 - 7-nerved ; flowers mostly solitary, small, rose-color, nodding ; anthers 2-pointed at the apex ; stigma 3-cleft. — Shady woods on the mountains of Georgia, and northward. May. — Stem 2° high. Leaves 2'- 4' long, green on both sides. Flowers 3" - 4" long. 4. MELANTHIUM, L. Flowers monoeciously polygamous. Divisions of the. perianth spreading, long-clawed, somewhat cordate or hastate and biglandular at the base ; the fila- ments partly adhering to their claws : anthers reniform, becoming peltate, the cells confluent. Styles 3, subulate. Capsule membranaceous, 3-lobed, the cells separating and opening down the inner suture, several-seeded. Seeds flat, winged. — Stems tumid at the base, rough-pubescent above. Leaves long, lin- ear. Flowers panicled, cream-color, turning brownish. 1. M. Virginicum, L. Stem tall, simple, the upper portion, like the loose panicle, pubescent and somewhat hoary ; lowest leaves long, broadly lin- ear and clasping, the upper small and sessile ; flowers shorter than the pedicels, the upper ones perfect ; leaves of the perianth oblong or roundish, often acute, the slender claw adnate to the lower half of the filaments ; glands conspicuous. (M. hybridum, Walt., the claws concave and adnate to the filaments below the middle ; glands connivent or obscure.) — Swamps, Florida, and northward. July and Aug. — Stem 3° - 4° high. Lowest leaves 1° - l£° long. 5. ZIGADENUS, Michx. Flowers perfect. Leaves of the perianth ovate or oblong, spreading, sessile or nearly so, 1 - 2-glandular at the base. Filaments free from the perianth, and of equal length : anthers broadly cordate, becoming peltate. Styles 3, slender, spreading. Capsule membranaceous, 3-angled, septicidal at the apex, many- seeded. Seeds oblong, wingless, or slightly margined. — Stems smooth and simple. Lowest leaves crowded, linear. Flowers white, in crowded panicles. 1. Z. glaberrimus, Michx. Stem rigid, leafy, lowest leaves broadly linear, elongated, glaucous beneath, the upper small and scattered ; panicle small, rigid ; bracts ovate ; leaves of the perianth oblong, short-clawed, often with a white callus on one or both sides at the base; glands prominent; stamens and styles subulate ; seeds oblong — Pine-barren swamps, Florida to North Carolina. June and July. — Stem 2° - 3° high. Lowest leaves l°-l£° long. Panicle 6' -12' long, commonly dense. Flowers 1' in diameter, as long as the pedicels. 2. Z. leimanthoides, Gray. Stem slender, somewhat naked above; leaves narrowly linear, green on both sides ; panicle slender ; bracts lanceolate ; leaves of the perianth oval or obovate, sessile, the glands obscure or wanting ; MELANTHACE^E. (COLCHICUM FAMILY.) 489 stamens and styles filiform ; seeds narrowly margined, winged at the apex. (Helonias graminea, Ell.) — Mountain swamps, Georgia, and northward. July and Aug. — Stem -2° -4° high. Lowest leaves l°-2° long. Panicle 8' - 12' long. Flowers 4" in diameter, much shorter than the slender pedicels. 6. STENA3STTHIUM, Gray. Flowers perfect or polygamous. Leaves of the perianth lanceolate, acuminate, united at the base, and adnate to the base of the ovary, longer than the stamens. Glands none. Anthers roundish, becoming peltate. Styles short, subulate : stigmas minute. Capsule ovate, membranaceous, septicidal at the apex, several- seeded. Seeds nearly wingless. — Stem smooth, slender, tumid at the base. Lowest leaves elongated, channelled. Flowers small, greenish-white, in a simple panicle. 1. S. angUStifolium, Gray. (Veratrum angustifolium, Pursh.) — Shady woods and banks, Florida, and northward. June and July. — Stem 2° - 3° high. Lowest leaves l°-2° long. Panicle l°-2°<Jong, composed of simple spiked racemes ; the lower flowers often sterile. Perianth about 4" in diameter, nearly sessile, twice as long as the stamens. 7. VERATRUM, Tourn. FALSE HELLEBORE. Flowers polygamous. Leaves of the perianth spreading, distinct, oblong or obovate, narrowed at the base, free from the ovary, glandless, longer than the stamens. Styles short, subulate. Capsule oblong, membranaceous, 3-pointed, the cells opening above at the inner suture. Seeds few, flat, broadly winged. — Stems leafy, tumid at the base, pubescent. Leaves oval or oblong, plaited. Flowers in ample panicles, green or purplish-brown. 1. V. viride, L. Stem stout, leafy throughout; leaves broadly oval, acute, strongly plaited, clasping, pubescent beneath ; panicle pyramidal, composed of numerous dense racemes ; divisions of the perianth oblong, smooth, yellowish green, longer than the pedicels and twice as long as the stamens. — Mountain meadows, Georgia, and northward. April and May. — Stem 3° - 7° high. Lower leaves 1° long. Flowers large. — The plant is possessed of active, but deleterious properties. « 2. V. intermedium, n. sp. Stem slender, leafy ; lowest leaves nearly smooth, lanceolate or oblong, acute, narrowed into a long sheathing petiole, strongly plaited , the upper ones small, lanceolate, scattered, pubescent beneath ; panicle large, composed of long and slender loosely-flowered racemes ; leaves of the perianth spatulate-oblong, dark brown within, hoary puberulent without, as long as the pedicels, rather longer than the stamens ; ovary woolly ; lobes of the capsule winged ; seeds linear-oblong, broadly winged. — Eich shady hummocks, Middle Florida. July. — Stem 3° - 5° high. Lower leaves 1° long. Flowers 6"- 8" wide. Intermediate between V. Woodii, Robbim, and the next, of which it may prove to be a variety. 3. V. parviflorum, Michx. Stem slender, naked above ; leaves varying from lanceolate to oval, smooth, slightly plaited, narrowed into sheathing peti- 490 MELANTHACEJS. (COLCHICUM FAMILY.) oles ; panicle slender, long and spreading, loosely flowered ; leaves cf the peri- anth greenish, spatulate, smooth, rather shorter than the pedicels, twice as long as the stamens; ovary smooth. — Mountains of North Carolina. July. — Stem 2° - 5° high. Lowest leaves 9'- 12' long. Flowers 4" - 5" wide. 8. AMIANTHIUM, Gray. FLY-POISON. Flowers perfect. Leaves of the perianth oblong or obovate, sessile, spreading, glandless, shorter than the slender stamens. Anthers kidney -shaped, becoming peltate. Styles slender : stigmas minute. Capsule membranaceous, 3-lobed, the cells separating and opening down the inner suture, few-seeded. Seeds oblong or linear, wingless. — Stems simple, smooth, tumid or bulbous at the base, scape-like above. Lowest leaves long and crowded. Flowers white, in a simple raceme. 1. A. muscsetoxicum, Gray. Stem bulbous at the base, somewhat angled ; lowest leaves strap-shaped, obtuse, channelled, the uppermost small and bract-like ; raceme cylindrical, densely flowered ; leaves of the perianth oblong, nearly equalling the stamens ; styles spreading ; seeds ovoid, red. (Helonias erythrosperma, Michx.) — Eich woods, Florida, and northward. May and June. — Stem 1° -2° high. Flowers small, turning greenish. 2. A. angUStifolium, Gray. Stem tumid at the base, slender, terete; leaves linear, acute, channelled, somewhat glaucous, the lowest very long, the uppermost small and bract-like ; raceme oblong, mostly densely flowered ; leaves of the perianth oval, shorter than the stamens ; styles erect ; seeds linear. (Helonias angustifolia, Michx.} — Low pine barrens, Florida to North Carolina. May and June. — Stem 2° high. Flowers turning purple. 3. A. ? aspericaule, Gray. Stem and flowers pulverulent-roughened ; stem-leaves linear-lanceolate, flat; flowers in a small (2' long) spike-like panicle, composed of spiked racemes. — Near Columbia, South Carolina, Curtis. — Plant imperfectly known. 9. SCHCENOCAULON, Gray. Flowers perfect. Leaves of the perianth somewhat spreading, linear-oblong, glandless ; filaments subulate, at length twice as long as the perianth : anthers kidney -shaped, becoming peltate. Ovary 6 - 8-ovuled. Styles very short : stig- mas minute. Capsule and seeds unknown. — Scape very slender, bulbous at the base. Leaves all radical, very long and narrow, dry, channelled. Flowers small, pale green, crowded in a slender spike. 1. S. gracilis, Gray. (Helonias? dubia, Michx.} — Dry sands, Georgia and Florida. April and May. — Leaves l°-2° long, scarcely 1" wide. Scape 2° - 3° high, rush-like. Spike 3' - 4' long. 10. XEROPHYLLUM, Michx. Flowers perfect. Leaves of the perianth widely spreading, sessile, oval, as long as the subulate filaments. Anthers round-ovate, 2-celled. Styles filiform : MELANTHACE^E. (COLCHICUM FAMILY.) 491 stigmas decurrcnt within. Capsule roundish, 3-lobed, loculicidally 3-valved. Seeds 2 in each cell, collateral, oblong, wingless. — Stem bulbous at the base, simple, leafy. Leaves dry, rigid, rough on the margins, very narrow, dilated at the base ; those of the stem very numerous and needle-shaped. Flowers white, in a simple dense raceme. 1. X. asphodeloides, Gray. (Helonias asphodeloides, L.)— Dry sandy soil, North Carolina, and northward. May and June. — Stem 3° - 5° high. Eadical leaves spreading, 1° or more long, very slender-pointed. Flowers 2" long. Stamens dilated below. 11. CHAMJELIBIUM, Willd. Flowers dioecious. Leaves of the perianth linear-spatulate, shorter than the filiform, filaments. Anthers 2-celled, roundish. Styles club-shaped : stigmas decurrent. Capsule ovoid, 3-angled, loculicidally 3-valved, many-seeded. Seeds linear-oblong, winged at the ends. — Stem simple, from a thick rhizoma, leafy. Lowest leaves spatulate or obovate, the others linear or lanceolate. Flowers small, white, in a simple spiked raceme. 1. C. luteum, Gray. (Helonias dioica, Pursh.) — Low grounds, Florida, and northward. May and June. — Stem l°-2° high, furrowed. Radical leaves clustered, 2' -4' long, spreading; the uppermost small and bract-like. Racemes 6' -12' long, the sterile ones slender and drooping at the summit; the fertile rigid and erect. Perianth inconspicuous. 12. PLEEA, Michx. Flowers perfect. Leaves of the perianth sessile, widely spreading, lanceolate, rigid. Stamens 9-12, shorter than the perianth : filaments slender : anthers linear, introrse, 2-cleft at the base, versatile. Styles short, subulate . stigmas simple. Capsule coriaceous, ovate, 3-lobed, many-seeded ; the cells opening down the inner suture. Seeds oblong, bristle-pointed. — Stems smooth and slender, from clustered rootstocks. Leaves chiefly radical, very narrow, 2-edged, equitant. Flowers few in a simple raceme, white. Bracts spathe-like, clasping. 1. P. tenuifolia, Michx. — Pine-barren swamps and bogs, Florida to North Carolina. Oct. — Stem rush-like, 2° high. Radical leaves erect, rigid, perennial, 6' - 9' long. Raceme rigid, 6 - 9-flowered, the erect pedicels enclosed in the rigid clasping bracts. Flowers 1' wide, greenish without. 13. TOFIELDIA, Hudson. Flowers perfect. Leaves of the perianth spreading, sessile, oblong or obovate. Filaments subulate • anthers innate or introrse, 2-celled. Styles subulate : stig- mas terminal. Capsule 3-angled, septicidally 3-partible, many-seeded. Seeds oblong. — Stems simple, scape-like, from creeping rootstocks. Leaves linear, 2-edged, equitant. Flowers small, whitish, in spikes or racemes. Pedicels commonly minutely 3-bracted under the flower. 492 JUNCACE.E. (RUSH FAMILY.) § 1. TOFIELDIA proper. Racemes simple, the flowers successively opening from the base upward (centripetal) : anthers introrse : seeds without appendages. — Smooth herbs. 1. T. glabra, Nutt. Stem leafy at the base, and sparingly above ; leaves linear ; racemes densely flowered ; stamens slightly exserted ; styles very short. (T. glaberrima, Macbride.) — Low pine barrens, in the middle and lower dis- tricts of North and South Carolina. Oct. — Stem 1° - 2° high. Raceme 2' - 4' long. Flowers white. • § 2. TRIANTHA. Racemes compound; the flowers successively opening from the apex downward (centrifugal) : anthers innate: seeds with tail-like appendages at each end. — Pubescent herbs. 2. T. pubens, Ait. Stem and pedicels rough-puberulent ; leaves long, linear; racemes (3' -6' long) loosely flowered ; pedicels mostly three in a clus.- ter, longer than the greenish-white flowers ; capsule as long as the perianth. — Low pine barrens, Florida to North Carolina, and westward. Sept. — Stem 1° - 1£° high. Leaves 6' - 12' long. 3. T. glutinosa, Willd. Stem and pedicels clammy-pubescent; leaves short, linear-sword-shaped; racemes (!' long) dense-flowered , pedicels 3 - 5 in a cluster, shorter than the yellowish flowers ; capsule longer than the perianth. — Mountains of North Carolina, and northward. June. — Stem 1°-1^° high. Leaves 4' - 6' long. ORDER 153. JUNCACE^E. (Rusn FAMILY.) Tough grass-like herbs, with naked or leafy and jointed stems, flat or terete leaves, and regular cymose-clustered or panicled flowers. — Peri- anth of six nearly equal calyx-like persistent divisions. Stamens 3 or 6, inserted on the base of the sepals : anthers 2-celled, introrse, fixed at the base. Ovary free from the perianth, 1-3-celled, 3 - many-ovuled. Style single : stigmas commonly 3, hairy. Capsule septicidally 3-valved. Seeds anatropous. Embryo minute at the base of the albumen. Synopsis. 1. LUZULA. Capsule 1-celled, 3-seeded. Leaves mostly hairy, 2. JUNCUS. Capsule many-seeded ; the placentae separating with the partitions. Smooth herbs, with alternate leaves , 8- CEPHALOXYS. Capsule many-seeded , the placentae united into a 3-winged central col- Stem-leaves nearly opposite. 1. LUZULA, DC. WOOD-BUSH. Sepals flat. Stamens 6. Style very short : stigmas filiform, villous. Cap- sule 1-celled, 3-valved, 3-seeded. Seeds erect from the base of the cell. — Peren- nial herbs, with flat mostly hairy leaves, and umbellate or spiked flowers. JUNCACE^:. (RUSH FAMILY.) 493 1. L. campestris, DC. Stem leafy; leaves linear, hairy; flowers in dense ovoid umbellate spikes ; capsule roundish ; seeds with a conical append- age at the base. (Juncus campestris, L.) — Dry woods and banks, Florida, and northward. March and April. — Stems clustered, 1° high. 2. L. pilosa, Willd. Stem leafy; leaves linear or lanceolate-linear, hairy; flowers single, umbellate ; capsule ovate ; seeds with a curved appendage at the apex. — Mountains of North Carolina, and northward. May. — Plant 6' -9' high. 2. JUNCUS, L. EUSH. Outer sepals keeled. Stamens 3 or 6. Style very short : stigmas villous. Capsule 3-celled, or imperfectly 3-celled ; the partitions adherent to the valves, and bearing the placenta? at their inner edges. Seeds numerous, often append- aged, horizontal. — Chiefly perennial. Leaves alternate, often knotted by cross partitions. Flowers mostly green, clustered, cymose, or panicled. § 1. Stems scape-like, jointless, sheathed or leafy at the base: stamens 6 or (in No. 1) sometimes 3. * Panicles lateral : stem sheathed at the base. 1. J. effllSUS, L. Stem soft and spongy; sheaths dark brown; panicle diffuse or contracted ; flowers single ; sepals lanceolate, as long as the obovate obtuse obscurely 3-angled light brown capsule. — Bogs and swamps, Florida, and northward ; common. May- Sept. — Stems tufted, 2° - 4° high. * * Panicles lateral : stem leaf// at the base : leaves terete, pungent. 2. J. setaceus, Rostk. Stem and leaves slender; sheaths light brown; panicle simple, few-flowered ; flowers single ; sepals rigid, lanceolate-ovate, rather longer than the globose pointed green capsule. — Low grounds and swamps, Florida, and northward. May -July. — Stems growing in small tufts, l°-3° high. Capsule coriaceous. 3. J. maritimus, Lam. Stem and leaves stout and rigid, hard-pointed ; panicle compound ; flowers small, 4 - 8 in a cluster ; sepals lanceolate, as long as the small obovate obtuse dark brown capsule. ( J. acutus, Muhl.) — Brackish marshes along the coast, Florida, and northward. April and May. — Stem 4° - 5° high. * * * Panicles terminal, forking ; leaves channelled or grooved ; the upper ones form- ing an involucre under the panicle. 4. J. tenuis, Willd. Stems tough, not tumid at the base, several-leaved ; leaves narrowly linear, channelled ; involucre longer than the panicle ; flowers single ; sepals lanceolate, very acute, one third longer than the ovoid capsule. — Low grounds, Florida, and northward. May and June. — Stem 6' -12' high. Panicle smqjl, the flowers mostly on one side of the branches. Capsule light green. 5. J. dichotomus, Ell. Stem tumid at the base, 1-3-leaved; leaves filiform, nearly terete, slightly grooved on the inner side; involucre mostly shorter than the cymose panicle ; flowers single ; sepals rigid, ovate-lanceolate, 42 494 JUNCACE^E. (RUSH FAMILY.) very acute, as long as the globose dark green capsule. — Low grounds, Florida to North Carolina. May and June. — Stem l°-3°high. Panicle dense or elon- gated. § 2. Stems jointed, leafy • clusters or panicles terminal. * Leaves terete or somewhat flattened, knotted: stamens 3. 6. J. scirpoides, Lam. Kigid ; stem stout, erect ; leaves terete, panicle erect, contracted, the few large globose green or brownish heads composed of several more or less distinct smaller ones ; sepals lanceolate-subulate, as long as the lanceolate taper-pointed 3-angled capsule ; seed ovoid, reticulated, without appendages. (J. echinatus, Ell.) — Varies with the smaller more numerous and crowded heads conspicuously lobed by the more distinct clusters, and with broader and shorter sepals and capsules. — Sandy swamps, Florida to North Carolina. July - Sept. — Stem 2° high, from a thick and creeping rhizoma. Heads 4" - 7" in diameter. 7. J. polycephalus, Ell., Michx. in part. Stem tall, slender, compressed near the base ; leaves long, flattened, and often somewhat sword-shaped ; panicle large, widely spreading, the numerous globose many-flowered pale heads sessile, or on long diverging peduncles ; sepals linear-subulate, shorter than the lance- olate-subulate 3-angled capsule ; seeds oblong, striate, barely pointed. — Ponds and miry margins of streams, Florida to North Carolina. July - Sept. — Stem 2° -4° long. Leaves weak, 1° -2° long, sometimes £' wide. Var. ? depauperatus, Ton*. Stem and leaves more slender ; heads small- er and fewer-flowered ; sepals lanceolate, shorter than the oblong capsule — Wet places, Georgia, and northward. — Roots fibrous. Stems often decumbent and rooting. 8. J. paradoxus, Meyer. Stem rigid, erect, terete ; leaves terete ; panicle erect ; heads pale, 8-1 5-flowered, sessile, and on short erect peduncles ; sepals lanceolate-subulate, rigid, shorter than the oblong 3-angled abruptly pointed capsule ; seeds with a long and slender appendage at each end. — Wet places, South Carolina, Curtis, and northward. July - Sept. — Stem 1° -2° high. 9. J. acuminatus, Michx. Stem erect, terete, like the slender leaves ; panicle mostly simple, erect ; heads (2" -3' long) 3 - 8-flowered ; sepals linear- lanceolate, half as long as the lanceolate-oblong abruptly pointed 3-angled light brown capsule ; seeds with a short appendage at each end. — Sandy wet places in the middle districts of Georgia, and northward. July - Sept. — Stem 8'- 15' high. Root fibrous. Capsule 2'' long. 10. J. Elliottii. Stem slender, nearly terete ; leaves terete, grooved near the base within ; panicle erect, simple or compound ; heads (1" - 2" long) 5-8- flowered ; sepals ovate-lanceolate, as long as the ovoid obscurely angled obtuse deep chestnut capsule ; seeds oblong, striate, without append ages. ^(J- acumina- tus, Ell, not of Michx.) — Bogs and ditches, Florida to North Carolina. June - Aug. — Root fibrous, often bearing small tubers. Stem l°-2° high. Heads commonly very numerous. Capsule 1" long, shining. JUNCACE^E. (RUSH FAMILY.) 495 * * Leaves terete, knotted : stamens G : flowers clustered. 11. J. caudatus, n. sp. Rigid throughout ; stem stout, from a thick and creeping rhizoma ; leaves commonly 3, short and pungent ; panicle erect, com- pound, mostly contracted ; clusters numerous, more or less crowded, 2 - 4-flow- ered ; sepals lanceolate, acute, unequal, the inner ones half as long as the oblong obtuse-angled acute capsule ; seeds with a long and tail-like appendage at each end, white and shining. — Pine-barren swamps and bogs, Middle and West Florida. Aug. and Sept. — Stem 2° high. Leaves 2' - 6' long, strongly knotted. Capsules light brown, turning almost black. #• * # Leaves terete, obscurely knotted: stamens 6 : flowers solitary, in slender l-sided cymose panicles, often transformed into a tuft of rudimentary leaves. 12. J. abortivilS, n. sp. Rhizoma creeping, thick and woody; stems slender (l°-2° hjgh), terete; leaves filiform, rather rigid; panicle compound, diffuse, the branches almost hair-like ; flowers minute, scattered ; sepals oblong, the inner ones obtuse, with membranaceous margins, as long as the (immature) subulate capsule ; style slender. — Grassy margins of ponds, near the coast, West Florida. July - Sept. — Plant deep green. Flowers all abortive or bud- like. 13. J. Conradi, Tuckerm. Khizoma creeping, filiform; stems slender (6' -10' high); leaves filiform, tender; panicle compound, diffuse; the small flowers somewhat scattered ; sepals acutish, shorter than the oblong taper-pointed capsule ; seeds without appendages. — Sandy margins of ponds and swamps, South Carolina, and northward. July. — Leaves more slender, and the divis- ions of the panicle shorter and more rigid than those of the preceding species. * * * * Leaves knotless, concave or flattened. 14. J. marginatus, Rostk. Stems flattened (1° - 2° high) ; leaves linear, flat or concave ; panicle mostly simple ; heads few - many-flowered, rarely soli- tary or by pairs ; flowers triandrous ; exterior sepals lanceolate or ovate-lance- olate, awn-pointed ; the interior oblong, obtuse, broadly margined, about as long as the globular dark brown capsule ; seeds oblong, acute at each end. ( J. aris- tulatus, Michx. J. cylindricus, Curtis, the many-flowered heads cylindrical.) — Var. BIFLORUS. (J. biflorus, Ell.) Stems taller (2° -3° high) ; panicle decom- pound, diffuse; heads very numerous, 2 - 4-flowered ; seeds narrower and more pointed. — Ditches and low grounds, Florida, and northward. July -Sept. — The variety is confined to the pine barrens of the lower districts. 15. J. bufonius, L. Annual; stems low (2'- 8' high), tufted; often branched ; leaves very narrow ; panicles forking ; flowers solitary or 3-6 in a cluster; sepals whitish, lanceolate, acute, longer than the oblong obtuse pale capsule. — Damp cultivated ground, apparently introduced. April and May. 3. CEPHALOXYS, Desv. Flowers as in Juncus. Stamens 3. Capsule many-seeded, 3-celled, the par- titions separating from the valves at. maturity, and forming, with the united placentae, a free 3-winged central column. Seeds ovoid, without appendages. — 496 PONTEDERIACE^E. (PICKEREL-WEED FAMILY.) A smooth herb, with fibrous roots, flat and branching stems, short sword-shaped equitant leaves, and clustered greenish flowers. 1. C. flabellata, Desv. Stems mostly creeping or floating; leaves linear- sword-shaped ; those of the stem nearly opposite ; heads cymose, scattered, top- shaped, several-flowered; sepals rigid, lanceolate-subulate, slender-pointed, the exterior ones strongly keeled, and as long as the linear-oblong obtuse capsule, much shorter than the flat interior ones ; filaments exserted. ( Juncus repens, Michx.) — Miry banks of streams and ponds, Florida to North Carolina. July. — Stems £° -3° long. ORDER 154. PONTEDERIACEJE. (PICKEREL-WEED FAMILY.) , Perennial aquatic or marshy herbs, with perfect mostly irregular flowers from a 1-leaved spathe. — Perianth corolla-like, unequally 6-cleft or 6- parted, imbricated in the bud, withering-persistent. Stamens 3-6, more or less unequal, and unequally inserted on the throat of the perianth : anthers 2-celled, erect, introrse. Ovary free. Style single: stigma 3-6- lobed. Capsule 1 - 3-celled, 1 - many-seeded. Seeds anatropous. Embryo slender in mealy albumen. 1. PONTEDERIA, L. WAMPEE. PICKEREL-WEED. Perianth funnel-shaped, 2-lipped, with the upper lip 3-lobed, the lower 3-parted, the curved tube fleshy and coiled in fruit. Stamens 6, unequally inserted ; the three lower ones exserted, the three upper short and often imperfect : anthers oval, blue. Ovary 3-celled, two of the cells empty, the other with a single sus- pended ovule. Style slender. Capsule (utricle) 1-seeded. — Rhizoma thick and creeping. Stem erect, bearing above the middle a single short-petioled leaf, and at the summit a hairy spike of blue flowers, from a 1-leaved spathe. Radical leaves long-petioled, sheathing. 1. P. eordata, L. Stem and terete petioles erect (2° -3° high); leaves (3'-8f long) varying from round-cordate to lance-oblong, obtuse, finely nerved; spike dense, cylindrical (2' -4' long), the peduncle enclosed in the convolute spathe ; upper lobe of the hairy perianth spotted with yellow, the tube 6-ribbed. (P. lancifolia, MuhL, and P. angustifolia, Pursh, are narrow-leaved forms.) — Miry margins of ponds and rivers, Florida, and northward. July - Sept. 2. SCHOLLERA, Schreb. Perianth salver-form, nearly equally 6-lobed, the tube elongated and filiform. Stamens 3, nearly equal : filaments subulate : anthers sagittate-oblong, yellow. Style long and slender. Capsule oblong, 1 -celled, loculicidally 3-valved, with three parietal placentce many-seeded. — A small aquatic herb, with slender branching stems, linear sessile leaves, and a small terminal yellow flower. COMMELYNACE2E. (SPIDERWORT FAMILY.) 497 1. S. graminea, Willd. Stem submerged, forking, leaves thin, pellucid ; flowers expanding at the surface of the water ; spathe convolute ; lobes of the perianth linear, spreading. (Leptanthus, Michx.) — In flowing water, North Caro- lina, and northward. July and Aug. — Stems 1° - 2° long. Leaves 3' - 6' long. Tube of the perianth 1^' long. ORDER 155. COMMELYNACE^E. (SPIDERWORT FAMILY.) Herbs, with chiefly fibrous roots, jointed and leafy stems, and perfect or somewhat polygamous often irregular flowers. — Perianth of three her- baceous or colored persistent sepals, and three fugacious petals. Stamens 6, hypogynous, perfect, or a part of them sterile : anthers 2-celled, often of two forms. Styles single : stigma entire. Ovary free from the peri- anth, 2-3-celled, with 1 -several orthotropous ovules in each cell. Cap- sule loculicidally 2 - 3-valved, 1 - several-seeded. Embryo pulley-shaped, placed in a cavity of the albumen opposite the hilum. — Plants somewhat succulent. Stems often branching. Sheaths of the leaves entire or open. 1. COMMELYNA, Dill. DAT-FLOWER. Flowers irregular. Sepals mostly colored. Petals fugacious, two of them kidney-shaped and long-clawed, the other smaller. Stamens unequal, three of them fertile, the others with 4-lobed sterile anthers : filaments beardless. Cap- sule 1 - 3-celled, the cells 1 - 2-seeded, or one of them frequently empty. — Stems branching. Leaves flat, oblong, or lanceolate, on sheathing petioles ; the floral ones cordate and spathe-like, folded, and enclosing the few-flowered peduncle. Flowers blue. 1. C. COmmunis, L. ? Stem smooth, filiform, and creeping; leaves short (l'-2' long), ovate-lanceolate, obtuse; sheaths fringed at the throat; spathes nearly crescent-shaped, obtuse at the base, lateral and terminal ; peduncles by pairs; one of them bearing 3-4 small fertile flowers, which are included in the spathe ; the other long-exserted, filiform, 1 -flowered ; odd petal lanceolate, sessile; seeds reticulated. — Low grounds, Georgia to North Carolina. July - Sept. (i) ? — Stem l°-2° long. 2. C. Virginica, L. Pubescent; stem erect; sheaths hairy; leaves (4'- 6' long) oblong-lanceolate, acuminate, thin, rough above; spathe (when opened) round ovate, contracted at the base ; sterile peduncle included ; petals large, the odd one lanceolate ; capsule 2 -3-seeded. (C. erecta, Ell.) — Varies (C. angus- tifolia, Michx.) with the stems smooth, ascending; leaves narrowly lanceolate, rather rigid. and, like the sheath, nearly smooth ; flowers smaller, seeds pulveru- lent. — Light or sandy soil, Florida, and northward. May - Sept. 1J. — Stem 1° - 2° high. The spathes contain a viscid secretion until the seeds mature. 3. C. erecta, L. Stem stout, erect; leaves (3' -5' long) lanceolate or ob- long, acute, very rough above, the sheaths fringed with brown hairs ; spathes 42* 498 MAYACACE^E. (MAYACA FAMILY.) crowded, short-stalked, hooded, narrowed at the base ; sterile peduncle included ; petals nearly alike, the odd one smaller ; seeds transversely oblong. ( C. hirtella, Vahl. C. longifolia, Michx.} — Shady swamps, Florida, and northward. Aug. and Sept. ty — Stem 1 ° - 1 1° high. 2. TRADESCANTIA, L. SPIDERWORT. Flowers regular. Sepals herbaceous. Petals similar, ovate, fugacious. ' Sta- mens all fertile, the filaments hairy : anthers kidney-shaped. Ovary 3-celled, with two ovules in each cell. Capsule 2 -3-celled, the cells 1-2-seedcd. — Perennial herbs, with narrow keeled leaves, both the floral ones and those of the stem. Flowers in umbel-like clusters, axillary and terminal, expanding in the morning. Fruiting pedicels recurved. 1. T. Virginica, L. Smooth, or villous with glandless hairs; leaves linear, broadest at the base, mostly purple-veined ; clusters axillary and termi- nal, sessile, many-flowered ; flowers closely packed in 2 rows in the bud, each with an ovate scarious bract at the base ; petals blue, like the style and densely bearded filaments, twice as long as the lanceolate-ovate sepals. — Dry sandy soil, Florida, and northward. Marcli-May. — Stems £°-2° high. Flowers 1' in diameter. 2. T. pilosa, Lehm. Stem often branched, and, like the sheaths, villons or nearly smooth ; leaves oblong, narrowed at the base, pubescent on both sides ; clusters axillary and terminal, sessile, dense, many-flowered ; the pedicels and oblong sepals villous with glandular hairs ; seeds transversely oblong, pitted on the back ; petals blue. — Light soil in the upper districts. May- July. — Stem l°-l£° high. Leaves l'-l£' wide. Flowers |' in diameter. 3. T. rosea, Vent. Stem simple, slender, smooth ; leaves linear-lanceolate, fringed on the margins; clusters solitary or by pairs, on long (3' -6') terminal peduncles, few-flowered ; petals bright rose-color, three times as long as the ovate-lanceolate sepals. — Light fertile soil, Georgia to North Carolina. June - Aug. — Stem 6' - 8' high. Flowers £' in diameter. ORDER 156. MAYACACEyE. (MAYACA FAMILY.) Creeping moss-like marsh herbs, with very numerous narrow and pel- lucid leaves, and solitary axillary flowers. Represented only by 1. MAYACA, Aublet. Flowers regular, perfect. Sepals 3, lanceolate, herbaceous, persistent. Petals 3, obovate, deciduous or withering-persistent. Stamens 3, free, inserted on the base of the sepals, persistent : anthers erect, spoon-shaped, imperfectly 2-celled, emarginate at the apex, introrse. Ovary 1-celled. Ovules few, orthotropous, fixed to three parietal placentae. Style single, terminal, persistent : stigma mi- nutely 3-lobed. Capsule rugose, 3-valved ; the valves bearing the placenta in XYRIDACE^E. (YELLOW-EYED GRASS FAMILY.) ' 499 the middle. Seeds globose, furrowed and pitted, pointed at the apex. Embryo minute at the apex of the albumen. — Stems branching, tender. Leaves alter- nate, linear, emarginate. Flowers white or purple. 1. M. Michauxii, Schott&Endl. Fruiting peduncles longer than the leaves, recurved; capsule few-seeded; flowers (3" -4" wide) white or pale purple. (Sycna fluviatilis, Pursk.) — Springy places, Florida to North Caro- lina. June and July. — Stems 2' - 6' long. Leaves 3" - 4" long. ORDER 1£7. XYRIDACE^E. (YELLOW-EYED GRASS FAMILY.) Perennial stemless marsh herbs, with fibrous roots, sword-shaped equi- tant leaves, and perfect irregular fugacious flowers, collected in a dense imbricate-bracted spike. Sepals 3 ; the two lateral ones glumaceous, keeled, persistent ; the inner one hyaline, enfolding, in the bud, the petals and caducous stamens. Petals 3, rounded, distinct, or united by their long claws. Stamens 3, and inserted on the summit of the claws of the petals, or 6, and the alternate ones sterile, hypogynous, and commonly bearded with jointed hairs : anthers erect, 2-celled, extrorse. Ovary free, 1 - 3-celled. Style single, 3-parted. Capsule 3-valved, many-seeded. Seeds minute, orthotropous. Embryo minute, at the apex of the albu- men. — Scape commonly twisted or spiral, 2-edged near the summit, with a spathe-like sheath at the base. Spikes mostly solitary. 1. XYRIS, L. YELLOW-EYED GRASS. Petals distinct. Stamens 6, the alternate ones hypogynous, sterile, commonly bearded at the summit, and slightly cohering with the claws of the contiguous petals. Stigmas entire. Capsule 1-celled, 3-valved, the valves bearing the pla- centae in the middle. Seeds very numerous, finely ribbed. — Spikes ovoid or oblong. Bracts coriaceous or somewhat crustaceous, rounded, closely imbri- cated, convex and discolored on the back ; the lower ones empty. Keel of the lateral sepals mostly winged and variously lacerated. Flowers yellow. § 1. Sheath of the scape longer than the leaves. Biennials? 1. X. brevifolia, Michx. Scape nearly terete, smooth ; leaves narrowly linear, smooth on the edges ; spike globose, light brown, few-flowered ; bracts soon lacerated at the apex ; lateral sepals lanceolate, rigid, crenulate on the wingless keel; petals obovate, rounded ; sterile filaments sparingly bearded. — Low sandy pine barrens, Florida to North Carolina. April and May. — Plant light brown. Scape 6' - 12' high, clustered. Leaves 1 ' - 3' long. Spike 2"- 3" long. Petals 2" long. 2. X. flabelliformis, n. sp. Scape filiform, smooth, terete below, slightly compressed above ; leaves very short, linear-lanceolate, smooth, spreading like a 500 XYRIDACE^:. (YELLOW-EYED GRASS FAMILY.) fan, laterally curved ; spikes oblong, mostly acute, few-flowered, angular ; bracts light brown, entire ; lateral sepals lanceolate, short-fringed on the wingless keel ; petals obovatc ; sterile filaments often beardless. — Low pine barrens, near the coast, West Florida. April and May. — Scape 4' - 12' high. Leaves £' - 1 ' long. Spikes 2" - 4" long. Petals 2" long. § 2. Sheath of the scape shorter than the leaves. Perennials. * Sterile filaments bearded : sepals included. -i- Lateral sepals fringed on the keel. 3. X. ambigua, Beyr. Scape rigid, finely furrowed, rough, 2-edged above, 1 -angled below ; leaves linear-lanceolate, rough on the edges ; spike ovate-lanceolate or oblong, even, often acute, many-flowered ; bracts light brown, oval, not crowded on the spike ; lateral sepals lanceolate, tapering at each end, shining, narrowly winged; petals round obovate; seeds ovoid. — Open grassy pine barrens, Florida to North Carolina. July -Sept. — Scape 2° -3° high, mostly solitary. Leaves 6'- 12' long. Spikes 9"- 15" long. Petals |' long. 4. X. stricta, n. sp. Scape flattened and broadly margined, rough-edged above, smooth and 1 - 2-angled below, slightly striate ; leaves long, linear, smooth ; spikes oblong or cylindrical, obtuse, many-flowered ; bracts dark brown, orbicular, crowded on the spike ; lateral sepals broadly winged above the middle, narrowed below ; petals small, wedge-obovate ; seeds ovoid. — Shallow ponds in the pine barrens, West Florida. July - Sept. — Scapes slender, clustered, 2° -3° high. Leaves l°-l£° long. Spikes 9" -12" long. Petals 2" long. 5. X. flexuosa, Muhl. Somewhat bulbous ; scape smooth, 2-edged above, nearly terete below ; leaves linear, smooth ; spikes globose, few-flowered ; lateral sepals lanceolate, wingless. (X. bulbosa, Kunth.) — Swamps in the upper dis- tricts of Georgia, and northward. July -Sept. — Scape 6' -12' high. Leaves 4' - 8' long. Spike 3" - 5" long. -<— -i— Lateral sepals broadly ivinged, and variously toothed or fimbriate. 6. X. Elliottii. Scape slender, flattened and 2-edged throughout, or 1- edged below, roughish and mostly spiral ; leaves narrowly linear, sharp-edged, twisted ; spike few-flowered, elliptical, obtuse ; lateral sepals linear, the wing cut-toothed above the middle ; petals obovate. (X. brevifolia, Ell. ex descr.) — Wet grassy pine barrens, Florida to South Carolina. July. — Scape l°-l£° high. Leaves 6' -9' long. Petals 3" long. 7. X. difFormis, n. sp. Scapes clustered, slender, smooth, widely 2-edged above, terete or 1 -2-angled below; leaves thin, linear-lanceolate, smooth ; spikes many-flowered, ovate, acute, even, often 2- 4-cleft; lateral sepals lanceolate, with the broadly winged keel incised-fimbriate ; petals obovate ; seeds elliptical, smooth. — Swamps near the coast, West Florida. July. — Scapes 1° - 1£° high. Leaves 9' - 15' long. Spikes 6" - 9" long. Petals small. 8. X. serotina, n. sp. Scapes clustered, twisted and mostly spiral, rough- angled and 2-edged above, striate ; leaves linear-lanceolate, rigid, rough on the edges; spikes many-flowered, ovoid, obtuse, dark brown, even; bracts round- XYRIDACE^E. (YELLOW-EYED GRASS FAMILY.) 501 obovatc, closely imbricated ; lateral sepals linear, narrowly winged above, fim- briate and at length incised ; petals small, obovate ; seeds ovoid, pulverulent — Varies with shorter leaves (2' -3'), and smaller globose or ovate heads. — Pine- barren swamps, West Florida. Sept. and Oct. — Scapes 1°- 1^° high. Leaves 8' - 12' long. Spikes 6'- 9' long. Petals 2" long. 9. X. elata, n. sp. Scapes elongated, slender, smooth, terete below, 2-cdged above ; leaves long, linear, smooth ; spikes rugose, oblong or oval, often acute, many-flowered ; scales dark brown ; lateral sepals linear-lanceolate, sparingly toothed on the narrowly winged keel ; petals wcdge-obovate ; seeds elliptical, smooth. — Sandy swamps near the coast, West Florida. July and Aug. — • Scapes 3° -4° high. Leaves l^°-2° high. Spikes £'-!' long. Petals 2" long. 10. X. Caroliniana, Walt. Scapes several, smooth, rigid, 1-2-angled below, compressed and 2-edgecl above; leaves linear or linear-lanceolate, smooth; spikes rugose, oblong-ovate, obtuse, many-flowered ; bracts light brown, thick, the margins thin and soon lacerate ; lateral sepals linear-lanceolate, acute, the narrowly-winged keel cut-fringed above the middle ; petals obovate; seeds ovoid. — Shallow ponds and swamps, Florida, and northward. July and Aug. — Scapes 1° -2° high. Leaves 6'- 15' long. Spikes 6"- 12" long. 11. X. iridifolia, n. sp. Rigid, smooth and shining; scape stout, terete or 1-angled below, dilated and 2-edged above; leaves long, strap-shaped; spikes oval or oblong, obtuse, rugose, many-flowered ; bracts dark brown, very thick, strongly convex ; lateral sepals linear, membranaceous, the keel fimbriate and at length incised throughout ; petals round-obovate ; seeds lanceolate, angled, pulverulent. — Shallow ponds, Apalachicola, Florida. Aug. - Oct. — Scape 2° -3° high, 2" -3" in diameter. Leaves 2°-2|° long, £'-l'wide. Spikes 1' long. Petals 3" long. 12. X. platylepis, n. sp. Scapes mostly twisted and spiral, angular .below, 2-edged above, roughish ; leaves linear and lanceolate, twisted, smooth ; spikes large, oblong or cylindrical, obtuse, many-flowered ; bracts pale brown or whitish, orbicular, thin, closely imbricated ; lateral sepals linear, the keel nar- rowly winged, fimbriate toward the apex ; petals small ; seeds elliptical, smooth. (X. flexuosa, Ell.) — Low sandy places, Florida to South Carolina. July- Sept. — Scape 2° - 3° high. Leaves 9'- 15' long. Spikes f- l£' long. * * Sterile filaments bearded: sepals exserted. 13. X. fimbriata, Ell. Not bulbous ; scape tall, furrowed, rough, 2-cdged above ; leaves long, strap-shaped, smooth ; spikes ovate, acute, many-flowered ; lateral sepals long-fimbriate above the middle; petals small. — Ponds and miry places, Florida, and northward. Sept. and Oct. — Scapes 3° - 4° high. Leaves l£° - 2° long. Spikes 9" - 1 2" long. Petals 3" long. 14. X. torta, Smith. Bulbous ; scape nearly terete, 1-edged, smooth, mostly spiral ; leaves linear, rigid, concave, with rounded edges, mostly spiral ; spikes pale, lanceolate or cylindrical, acute; lateral sepals winged and fimbriate above the middle; petals large, round-obovate. — Sandy, often dry soil, Florida, and northward. July - Sept. — Scape l£°-2° high. Leaves few, 6' -12' long, 502 ERIOCAULONACE^E. (PIPEWORT FAMILY.) tumid and dark brown at the base. Spikes 1'-- 1^' long. Petals 9" long, ex- panding at midday. * * * Sterile filaments beardless: leaves filiform. 15. X. tenuifolia, n. sp. Smooth ; scape slender, terete or 1 -angled ; leaves filiform or bristle-like, compressed ; spikes ovoid, few-flowered ; lateral sepals lanceolate, the narrowly winged keel cut-serrate ; petals obovate ; seeds linear- oblong, smooth. — Open grassy pine-barren swamps, Florida to North Carolina. July -Sept. — Scapes clustered, Ky-12' high. Leaves 4' -6' long. Spikes 2" - 4" long. Petals 3" long. 16. X. Baldwiniana, R. & S. (X, juncea, Baldw.) "Root perennial; scape terete, sheathed at the base, 6' -12' high ; leaves 4' -8' long, terete, hol- low, acute ; head oval ; bracts nearly round ; calyx about as long as the bracts, the keel slightly toothed, filaments naked." Baldwin in Ell. — Damp pine bar- rens, near St. Mary's, Georgia. May and June. \ * ) ORDER 158. ERIOCAULONACE^E. (PIPEWORT FAMILY.) Perennial chiefly stemless marsh herbs, with narrow tufted leaves, and minute monoecious or dioecious flowers, collected in a dense hairy chaffy- bracted head. — Stam. FL Sepals 2-3. Corolla tubular, bilabiate or 3-toothed, or sometimes wanting. Stamens 2 - 6 : anthers introrse. — Pist. Fl. Sepals and petals 2-3. Ovary 2 - 3-celled, with a single orthotropous ovule in each cell. Style 2-3-parted. Capsule loculici- dally 2 - 3-valved, 1 - 3-seeded. Embryo minute at the apex of the albumen. — Leaves concave and partly clasping at the base. Scape furrowed and commonly twisted, with a spathe-like sheath at the base. Exterior scales broader, empty, and involucrate. Flowers fringed with white club-shaped hairs. Corolla white. Synopsis. 1. ERIOCATJLON. Stamens 4. Anthers 2-celled. Style 2-parted. Corolla 2-lipped. 2. P^PALANTHDS. Stamens 3. Anthers 2-celled. Style 3-parted, the lobes entire. 3. LACHNOCAULON. Stamens 3. Anthers 1-celled. Style 2-3-parted, the lobes entire, or 2-cleft. 1. ERIOCAULON, L. PIPEWORT. Flowers monoecious, each in the axil of a scale-like bract. Sepals 2-3. Co- rolla of the staminate flowers tubular, 2-lipped or 3-lobed ; of the pistillate flowers 2-3-petalous. Stamens 4 or 6 : anthers 2-celled. Style 2-3-parted: stigmas 2 -3. Capsule 2 - 3-celled, 1- 3-seeded. — Scapes single or numerous, mostly from a short and villous rootstock. Lobes of the corolla furnished with a blackish gland on the inner face, commonly bearded with club-shaped hairs. — The following species are all tetrandrous, with a 2-parted style and a 3-celled capsule. ERIOCAULONACE^E. (PIPEWOET FAMILY.) 503 1. E. decangular e, L. Leaves mostly rigid, varying from lanceolate to linear-subulate, concave, obtuse ; scapes commonly several from a thick and creep- ing rootstock, stout, smooth, 10- 12-furrowed; head (2" -7" in diameter) com- pact, hemispherical, at length globose ; scales of the involucre numerous, small, oblong, acutish, closely imbricated, straw-colored, or light chestnut, passing into the linear-spatulate acuminate bearded bracts, which are longer than the flower. (E. gnaphalodcs, EIL, not of MicJix.) — Boggy places, Florida, and northward. July - Sept. — Scapes 2° - 3° high. Leaves 4' - 12' long, 2" - 6" wide. 2. E. gnaph.alod.es, Michx. Leaves lanceolate-subulate, flat, very acute, rigid, or the immersed ones thin and pellucid ; scapes few or single, slender, 9 - 11-furrowcd; head hemispherical (4" -8" wide) ; scales of the involucre few, ob- long or roundish, very obtuse, turning lead-color ; bracts shorter than the flower, spatulate, their broad and bearded summit obtuse or more or less mucronate- pointed, turning blackish. (E. compressum, Lam) — Swamps and shallow ponds, Florida, and northward. April -June. — Scapes 1^°- 2° high. Leaves 2' -6' long, concave at the base. 3. E. Ravenelii, n. sp. Smooth throughout ; root fibrous ; leaves linear or linear-lanceolate, very acute, flat, thin, and pellucid ; scapes low and slender, clustered, slightly furrowed ; heads small (!"- 2" in diameter), globose, few or many-flowered ; scales of the involucre few, in one or two rows, oblong, very obtuse, whitish, pellucid, longer than the immature head, and, like the oblong ob- tuse or barely pointed dark brown scales, beardless ; flowers naked, or with few hairs at the base, dark brown, shorter than the bracts ; style occasionally simple; seeds minutely pubescent. — Wet places, St. John's (Berkeley) Parish, South Car- olina, H. W. Ravenel. — Scapes weak, 1 ' - 6' high. Leaves 1' - 2' long. 2. P-EJPALANTHUS, Martius. Flowers monoecious. Staminate Fl. Sepals 3. Corolla tubular, 3-toothed. Stamens 3 : anthers 2-celled. Pistillate FL Sepals and petals 3. Style 3- parted, the divisions entire : stigmas 3. Capsule 3-celled. — Habit of the pre- ceding. 1. P. flavidulus, Kunth. Leaves short (l'-2'long), subulate, smooth, or sparingly pubescent; scapes numerous, filiform, 5-furrowed, and like the sheaths hairy ; heads hemispherical, yellowish-white ; scales of the involucre oblong, acute, smooth and shining ; flowers slender, pedicelled ; sepals linear, acute ; corolla of the staminate flowers funnel-shaped ; of the pistillate flowers composed of 3 slender petals, cohering above the ovary; stamens and styles exserted. (Eriocaulon flavidulum, Michx.) — Low sandy pine barrens, Florida to North Carolina, and northward. April and May. — Scapes 6'- 12' high. 3. LACHNOCAULON, Kunth. Flowers monoecious. Staminate FL Sepals 3, equal. Corolla none. Sta- mens 3, with the filaments united below into a club-shaped tube : anthers 1- celled. Pistillate FL Sepals 3, equal. Corolla none, or reduced to tufted hairs. Style club-shaped, 2 - 3-parted, the divisions entire or 2-cleft : stigmas 2-6. Cap- 504 CYPERACE.&. (SEDGE FAMILY.) sule 2-3-celled. — Habit of the two preceding. Bracts and sepals blackish, fringed with club-shaped hairs. 1. L. Michauxii, Kunth. Leaves linear (!'- 2' long), hairy, becoming smoothish; scapes slender, hairy, 4-furrowed (l°high); heads globose; bracts and sepals spatulate, obtuse, fringed with white hairs ; divisions of the style 3, each 2-cleft. (Eriocaulon villosum, Michx.) — Low grassy pine barrens, Florida to North Carolina. May and June, growing in tufts. — Heads 2" wide. 2. L. glabrum, Kornicke. Leaves linear, smooth ( 1 ' long) ; scapes numer- ous, smooth, 5-furrowed (3' -5' high); heads globose, becoming oblong, dark brown ; bracts and sepals spatulate-obovate, obtuse, slightly fringed with short brownish hairs ; divisions of the style 3, entire. — Sandy springy places, St. An- drews Bay, West Florida. Oct. — Scapes 30 or more in a cluster. Heads 3" long, not unlike those of Eleocharis obtusa. ORDER 159. CYPERACE^E. (SEDGE FAMILY.) Slender herbs, with simple solid mostly 3-angled stems (culms) , and grass-like leaves, with closed sheaths. Flowers spiked, each in the axil of a single (rarely 2-4) scale-like bract (scale). Perianth composed of hypogynous scales or bristles, or none. Ovary 1-celled, with a single erect anatropous ovule, forming in fruit a lenticular or 3-angled achenium (nut), which is often crowned with the persistent jointed base of the style (tubercle). Stamens 1-12: anthers erect. Style 2-3-cleft or parted. Embryo minute at the base of the albumen. Synopsis. TKIBE I. CYPERE^E. — Flowers perfect: spikelets 1 - many-flowered : scales one to each flower, imbricated in 2 rows : perianth bristly, or none. * Perianth none : nut beakless. 1. CYPERUS. Spikelets few -many -flowered: inflorescence terminal. 2. KYLLINGIA. Spikelets 1-flowered : inflorescence terminal, capitate. * * Perianth bristly : nut beaked. 3. DULICHIUM. Spikes lateral and terminal : spikelets many-flowered. TRIBE II. JJIPOCARPHEJE. — Flowers perfect: spikes many-flowered: scales 2-4 to each flower ; the exterior ones imbricated in many rows : perianth none. 4. HEMICARPHA. Inner scale 1 : involucre mostly 1-leaved, erect. 5. JJPOCARPHA. Inner scales 2 : leaves of the involucre 2 or more, spreading. TRIBE III. SCIRPE-33. — Flowers perfect : spikes commonly many-flowered : scales one to each flower, imbricated in several (rarely 2) rows, all fruitful, or the lowest empty : perianth bristly, hairy, or wanting. * Perianth of 3 bristles, alternating with 3 stalked scales. 6. FUIRENA. Nut pointed : scales of the clustered axillary and terminal spikes awned. * * Perianth bristly, occasionally wanting. 7. ELEOCHARIS. Nut tubercled : culms leafless, sheathed at the base, bearing one terminal spike. CYPERACEJE. (SEDGE FAMILY.) 505 8. SCIRPUS. Tubercle none : culms mostly leafy at the base or throughout : spikes com- monly few or many : perianth of 3 - 6 bristles. 9. ERIOPHORUM. Perianth of numerous long and woolly hairs : otherwise like Scirpus. * * * Perianth none : style tumid at the base. •«- Scales imbricated in several rows : spikes terete. 10. FIMBRISTYLIS. Style deciduous : stigmas 2 : nut lenticular or globose. 11. TRICIIELOSTYLIS. Style deciduous : stigmas 3 : nut 3-angled. 12. ISOLEPIS. Style persistent at the base : stigmas 3 : nut 3-angled. •t- -t- Scales imbricated in 2 rows : spike compressed. 13. ABILGAARDIA. Style 3-cleft, jointed to the 3-angled nut. TRIBE IV. RIIYNCHOSPORE^E. — Flowers perfect or polygamous : spikelets com- monly few-flowered : scales one to each flower, imbricated in few -several rows, the lower ones empty, the upper mostly sterile : perianth bristly, or none. * Perianth bristly (occasionally wanting in Rhynchospora). 14. RHYNCHOSPORA. Style 2-cleft, dilated and persistent at the base : nut lenticular or globose. 15. CERATOSCIKENUS.- Style entire or minutely 2-cleft, the lower half persistent : nut flat. 16. CH^TOSPORA. Style 3-cleft, deciduous : nut 3-angled : spikelets terminal. * * Perianth none. 17. PSILOCARYA. Spikes terete, many-flowered, cymose : flowers perfect. 18. DICHROMENA. Spike»*ompressed, capitate : most of the flowers imperfect. 19. CLAD1UM. Spikes few-flowered, only the uppermost flower perfect : nut globose. TRIBE V. SCLERIE.ZE. — Flowers monoecious : sterile spike many-flowered : scales one to each flower, imbricated in furrows : fertile spike 1-flowered, with two or more scales : perianth none. 20. SCLERIA. Style 3-cleft, deciduous. Nut bony, globose or 3-angled. TRIBE VI. C ARICEJE. — Flowers monoecious, very rarely dioecious : sterile and fertile flowers on the same spike, or on separate spikes : scales one to each flower, imbricated in few -many rows : nut enclosed in a sac : perianth none. 21. CAREX. Bristles within the sac none. Spikes axillary and terminal. 1. CYPERUS, L. Spikelets 2 - many-flowered, commonly flat or compressed. Scales imbricated in two opposite rows, often decurrent on the jointed rachis, deciduous. Perianth none. Stamens 1-3. Style 2 -3-cleft, deciduous. Nut lenticular or 3-angled. — Culms 3-angled (rarely terete), jointless, leafy or occasionally sheathed at the base. Spikelets numerous (rarely 1-2), disposed in single or umbellate heads or spikes, and surrounded with a leafy involucre. Kays sheathed. § 1. PYCREUS. Style 2-cleft: nut lenticular: spikes more or less umbelled. Annuals: spikelets linear or linear-oblong, fiat, many- '(10- 40-) flowered: rachis narrowly margined: scales compressed-keeled, 5-nerved. * Spikelets clustered on the common rachis. 1. C. flavescens, L. Umbel sessile or of 2-4 rays, shorter than the spikelets ; spikelets 3 - several in a cluster, oblong-linear, acute, spreading, 20 - 30-flowered ; scales yellowish brown, ovate, obtuse, oppressed ; rachis margined ; semens 3; nut orbicular, black, smooth and shining; culms clustered, 4' -10' 43 50G CYPERACE^. (SEDGE FAMILY.) high ; leaves and 3-leaved involucre narrowly linear. (C. fasciculatus, Ell. ?) — Low grounds, Florida, and northward. July and Aug. 2. C. rivularis, Kunth. Umbel of 3 - 4 rays, one or two of them longer than the spikelets ; spikelets 3-6 in a cluster, oblong-linear, acute, many-flow- ered ; scales pale straw-color, ovate, obtuse, appressed ; rachis margined ; sta- mens 2; nut round-obovate, transversely roughened, black and shining; culms 6' -12' high, slender; leaves and 3-leaved involucre linear. — Marshy banks of streams, Georgia, Florida, and westward. Aug. 3. C. diandrus, Torr. Umbel of 2-5 short and unequal rays, the longer ones longer than the spikelets ; spikelets lanceolate-oblong, acute, brownish or dark brown, spreading ; scales ovate, obtuse, appressed, green on the keel ; rachis margined; stamens 2; nut oblong-obovate, roughish, dull gray. — Wet places, North Carolina, and northward. Aug. — Culms 4' -10' high. Invo- lucre 3-leaved. This and the preceding are probably only diandrous forms of No. 1. * * Spikelets scattered on the common rachis (spiked). 4. C. Nuttallii, Torr. Umbel sessile or of 3-6 rays, l'-2' long; spike- lets numerous on the rays, spreading, linear-lanceolate, acute, light or yellowish brown, 12-20-flowered, the lower ones commonly compound; scales rigid, ob- long-ovate, acute or mucronate, appressed ; stamens 2 ; nut oblong-obovate, very obtuse, grayish and minutely pitted; culms clustered, 3-angled, 4' -15' high ; leaves and involucre narrowly linear. (C. flavescens, Ell. C. holosericeus, Link.?) — Salt or brackish soil, Florida, and northward. July -Sept. — Plant commonly yellowish and glossy throughout. Spikelets rarely crowded in a terminal head. 5. C. flavicomus, Michx. Umbel compound, many-rayed ; spikelets very numerous, crowded, linear, acute, 12-30-flowered; scales loosely imbricated, yel- lowish, round-obovate, emarginate, with broad and scarious margins, at length spreading ; rachis broadly margined ; stamens 3 ; nut obovate, black, smooth and shining, barely shorter than the scale; culms thick, obtuse-angled, l°-3° high; leaves broadly linear, glaucous beneath, as long as the culm. — Low grounds and ditches, Georgia and South Carolina. May -Sept. — Involucre 3 - 5-leaved. Spikelets 6" - 9" long. 6. C. microdontus, Torr. Umbel of 4 - 8 rays, simple or somewhat compound; spikelets numerous, crowded, linear, acute, 15 - 25-flowered, pale brown; scales thin, ovate, acute, closely imbricated; rachis slightly margined; stamens 2 ; nut linear-oblong or somewhat club-shaped, short-pointed, grayish and minutely pitted; culms filiform, 3-angled, 6' -12' high; leaves and elon- gated involucre very narrow. — Margins of ponds and streams, Florida to North Carolina. July - Sept. — Bays 1 ' - 2' long. Spikelets 4" - 7 " long. § 2. CYPERUS PROPER. Style 3-cleft: nut 3-angled: joints of the rachis winged by the adnate decurrent scales, rarely wingless. 1. SPICATI. Umbel simple or compound: spikelets few -many-flowered, distinct, spreading, forming loose or compact spikes at the summit of the rays : scales rigid, 1 - ll-nerved : joints of the rachis commonly conspicuously winged: stamens 3. ^ CYPERACE^. (SEDGE FAMILY.) 507 * Spikelets approximate or crowded on all sides of the common rachis, forming oblong or cylindrical spikes. 7. C. BtrigOSUS, L. Umbel large, 4 - 8-rayed, simple or compound, much shorter than the involucre ; involucels bristly, shorter than the dense oblong spikes ; spikelets yellowish, linear, acute, compressed, 6 - 10-flo\vered ; scales somewhat scattered on the very slender rachis, oblong-lanceolate, acute, closely appresscd, much longer than the linear-oblong acute minutely dotted dull nut ; culms (l°-3° high) tumid at the base, as long as the broadly linear leaves. — Swamps and damp soil, Florida, and northward. July -Sept — Rays 4' -6' long. Spikelets £' - f ' long. Sheath of the rays bristle-pointed. 8. C. stenolepis, Torr. Umbel simple or compound, 6 - 9-rayed, shorter than the 3 - 6-lcaved involucre ; sheaths of the rays truncate ; involucels bristly, shorter than the ovate compact spikes ; spikelets yellowish, linear, acute, com- pressed, 5-8-flowered; scales linear-lanceolate, acute, involute, spreading, much longer than the oblong-linear acute dull and minutely pitted nut; culms smooth (2° -3° high); leaves very rough on the margins, whitish beneath. — Swamps and wet places, Florida to North Carolina. Aug. and Sept. — Stem rather slender, longer than the leaves. Spikelets 6"- 8" long. 9. C. Michauxianus, Schultes. Umbel compound, 4-6-rayed; rays short with the sheaths pointed ; spikes loose, mostly shorter than the leafy in- volucels ; spikelets spreading or reflexed, linear-subulate, terete, 10-12-fiow- ered ; scales scattered on the short-jointed broadly-winged rachis, oblong, obtuse, faintly nerved, appressed ; nut oblong, compressed-3-anglcd ; culms slender, obtuse-angled; involucre 4-6-leaved. (C. speciosus, Vahll) — Swamps and ditches, Florida, and northward. Aug. and Sept. Q) — Culm 2° - 3° high. Spikelets 6" - 8" long, flexuous in fruit. Var. ? elongatUS, Torr. " Culm tall and slender ; rays elongated ; spike- lets subulate, obtusely quadrangular ; scales lanceolate, acute." Torr. — North Carolina, Curtis. — Rays 3'- 5' long. Spikelets crowded, 6 - 8-flowered. 10. C. tetragonus, Ell. Umbel simple or compound, of 6-12 slender rays; spikes cylindrical, loose; spikelets horizontal, short (2" -3" long), oblong, 4-angled, 4- 6-flowered; scales ovate, mucronate, appressed, 9 - 11 -nerved, twice as long as the oblong dull nut; culms mostly slender, 1° -2° high, acutely rough-angled at the summit, as long as the green rough-edged leaves ; invo- lucre many-leaved. — Dry sandy soil, along the coast, Florida to North Caro- lina. Aug. and Sept. 1J. — Spikes 1'- 1^' long, 5" wide, those on the longer rays commonly compound. Rays 3' -5' long. Joints of the rachis broadly winged. 11. C. ligularis, L. Umbel compound, of 4-6 rays ; spikes ovate or ob- long, dense ; spikelets spreading (4" long), linear-lanceolate, compressed-4-an- gled, 8 - 10-flowered, acute ; scales oblong-ovate, acute, spreading, 9 - 11 -nerved, thrice the length of the oblong-obovate pointed blackish nut; culms obtuse- angled, shorter than the (3° - 4° long) whitish long-tapering leaves. — Sandy shores at Key West. Oct. 1J. — Culm 2° - 3° high. Leaves rough-edged. Rays 2' - 3' long. Spikelets light brown. Joints of the rachis broadly winged. 508 CYPERACEJ2. (SEDGE FAMILY.) * * Spilcelets compressed, somewhat ^.-ranked, mostly few and scattered on the com- mon rachis : perennials, with creeping tuber-bearing rootstocks : Jlowers mostly abortive. 12. C. repens, Ell. Umbel mostly simple, erect, 5- 6-raycd, shorter than the 3-5-lcavcd involucre; spikelets linear, spreading, 12- 24-flowered, the lower ones often clustered; scales oblong, obtuse or short mucronate, com- pressed-keeled, thin-margined, spreading at the apex, yellowish brown ; nut ob- long, triquetrous, acute. — Sandy soil near the coast, Florida, and northward. July - Sept. — Culms 1°- l£° high, acute-angled, longer than the erect smooth leaves. Rays 2' -4' long. Spikelets 6" - 8" long. Whole plant yellowish. 13. C. lutescens, Torr. & Hook. Umbel simple, large, 5-7-rayed, short- er than the 3 - 5-leaved involucre ; spikelets horizontal, flat, linear, 30 - 40-flow- ered, the lowest 2 - 3 in a cluster ; scales light brown, oblong-lanceolate, acute, rounded on the back, slightly spreading at maturity ; nut obovate-oblong ; culms stout (2° - 3° high), acute-angled, shorter than the broadly linear leaves. — Key West. Nov. — Leaves 3" - 6" wide, very smooth. Rays 4' - 8' long. Spike- lets 1' long, l£" wide, serrate, the lower ones with a bristly involucel. 14. C. rotundus, L. Umbel simple or compound, 3-8-rayed, mostly longer than the 3-leaved involucre ; spikes composed of 3 - 9 scattered linear flat 20 - 30-flowered spikelets ; scales oblong, obtuse, appressed, 7-nerved on the green keel, the membranaceous sides dark chestnut ; nut obovate ; culms smooth, slender, longer than the broadly linear crowded spreading rough leaves. (C. Hydra, Michx.) — Sandy soil, along the coast, Florida to North Carolina. Aug. and Sept.— Culm 9' -18' high. Rays slender, 2' -4' long. Spikelets £'-!' long. 2. SPARSIFLORI. Umbel compound : spikelets compressed, many -flowered, scattered in loose spikes at the filiform summit of the rays: scales thin, 5-ncrved, separate ; joints of the rachis slightly margined: stamens 2. 15. C. Iria, L. Umbel 6- 8-rayed, erect, shorter than the 3 - 4-leaved in- volucre; spikelets erect-spreading, oblong-linear, 12 -24-flowered ; scales spread- ing, nearly orbicular, obtuse or emarginate, short-mucronate, 5-nerved on the green keel, the thin whitish sides minutely pitted; nut oblong-obovate, abruptly pointed; style very short; culms (1° high) slender, acute-angled, longer than the smooth narrow leaves. — Santee Canal, South Carolina, Ravenel. Probably introduced from Eastern Asia. 3. PALMATI. Umbel compound or decompound, diffuse: spikelets 2-ranked, com- pressed, many-flowered, 3-10 in a cluster at the summit oj the general and par- tial rays : scales closely imbricated, 3 — 1-nerved, decurrent on the rachis : sta- mens 3. * Culms terete, knotted, leafless : involucre very short : nut oblong. 16. C. articulatus, L. Umbel compound, many-rayed, spreading or re- curved; involucre of three bract-like pungent leaves; spikelets long (£/-l^' long), linear, spreading, 30 - 40-flowered ; scales whitish, oblong, obtuse, 7-nerved CYPERACEJE. (SEDGE FAMILY.) 509 on the back, thrice the length of the linear-oblong dull nut ; rhizoma creeping, bearing tuber-like buds ; culms stout (3° - 5° high), tumid at the sheathed base. — Marshes near the coast, Florida to South Carolina. Aug. - Sept. ]\. — If lowers mostly abortive. * * Culms 3-angled, knotless : involucre leafy : nut obovate. 17. C. Haspan, L. Umbel many-rayed, decompound, spreading, the fili- form rays mostly longer than the 2-l^aved involucre; spikelets small (4" -5" long), 3-5 in a cluster, linear, acute, 20 - 40-flowered ; scales light reddish- brown, very small, oblong, mucronatc, 3-nerved, free at the apex ; nut white, round-obovate, granular-roughened ; culms tender, shaqily angled ; leaves lin- ear, smooth, shorter than the culms (1° - l£°), often reduced to membranaceous sheaths. (C. gracilis, Muhl. C. leptos, Schultes.) —Ponds and ditches, Flor- ida to North Carolina, and westward. July - Sept. 18. C. dentatus, Torr. Umbel compound, erect, 4- 7-rayed, shorter than the 3-4-lcaved involucre; spikelets 3-5 in a cluster (3" - 7" long), ovate-ob- long, obtuse, flat, 12-30-flowered ; scales ovate, acute, compressed, 7-nerved on the green keel, membranaceous on the reddish brown sides, spreading at the apex; nut minute, round-obovate, whitish; rhizoma creeping, bearing tubers; culms slender (1° high), obtuse-angled, longer than the rigid keeled leaves. — Sandy swamps and banks, South Carolina, Torrcy, and northward. Sept. 1J. — Rays l'-2' long. 19. C. Lecontii, Torr. Umbel compound, erect, 6-12-rayed, shorter than the 3-leaved involucre ; spikelets commonly three in a cluster, oblong or linear-oblong, obtuse, flat, 30 - 70-flowered (J'-l'long); scales closely imbri- cated, ovate, obtuse, compressed, yellowish, faintly 7-nerved, appressed at the apex ; nut minute, round-obovate, blackish ; culms rigid, obtuse-angled, as long as the rigid leaves. — Low sandy places along the coast, East and West Florida. July -Sept. 1|. — Rhizoma creeping. Culms 6'- 12' high. Rays 2' -6' long. Rachis with very short joints. Whole plant pale straw-color. 4. GLOMERATI. Umbel simple or compound: spikelets many-flowered, compressed, numerous in a cluster, forming more or less dense heads at the summit of the com- mon and partial rays : rachis wingless : stamen solitary. * Umbel compound : spikelets ovate or oblong, flat : scales 3-nerved, concave on the back, acute : nut minute, lanceolate or oblong. 20. C. virens, Michx. Umbel spreading, compound, many-rayed; invo- lucre 4 - 6-leaved, many times longer than the umbel ; spikelets (4'' - 6" long, and about 20 in a cluster) oblong, 30 - 40-flowered, pale green ; scales oblong- lanceolate, straight; nut lanceolate, acute at each end; culms stout (2° -4° high), rough-angled above ; leaves broad, elongated, reticulated, rough on the margins. Miry places, Florida to North Carolina. July- Sept. 1J. — Plant pale green. Rays 3' -4' long. Spikelets turning yellowish. 21 C. vegetus, Willd. Umbel often decompound, many-rayed, widely spreading ; involucre 4-leaved, many times longer than the umbel ; spikelets short (l£"-2" long), ovate, 10-15-flowered, very numerous in the heads ; scales 43* 510 CYPERACE.E. (SEDGE FAMILY.) lanceolate, incurved, spreading at the apex ', nut minute, linear-lanceolate, slen- der-pointed ; culms slender (2° -3° high), obtuse-angled or nearly terete ; leaves narrow, rigid, rough on the margins near the summit. — Low pine barrens and margins of ponds, Florida to North Carolina. Sept. 1J. — Culms tumid at the base. Leaves of the involucre horizontal. Heads light brown. 22. C. Drummondii, Torr. Umbel compound, of 4 - 6 primary rays, and as many smaller ones, shorter than the 4-leaved involucre ; spikelets (10-20 in a cluster) oblong or oblong-linear, 40*- 50-flowered ; scales yellowish, ovate, straight, free at the apex ; nut oblong, pointed, abruptly contracted at the base, minutely wrinkled; culms (6' -15' high) obtuse-angled, very rough, longer than the narrow leaves. — Sandy swamps, Middle Florida, and westward. Septem- ber. © * * Umbel simple or sessile : spikelets lanceolate or linear, compressed: scales 8- 10- ncrved, tapering into a long spreading or recurved point : nut obovate-oblong : low tufted annuals. 23. C. inflexus, Muhl. Umbel of 1 -2 short rays or sessile, much shorter than the 2-3-leaved involucre; spikelets very numerous in the clusters (green), oblong-linear (2" long), 10-20-flowered; scales thin, oblong, 8-nerved, gradu- ally pointed; culms weak, acute-angled (2' -6' high), as long as the smooth narrowly linear leaves. — Low sandy places, Apalachicola, Florida, (apparently introduced,) to North Carolina, and northward. July -Sept. — Sheaths of the leaves green. 24. C. COnfertus, Swartz. Umbel of 1 - 2 short rays or sessile, shorter than the 2-leaved involucre; spikelets 8-20 in a cluster, lanceolate, 12-20-flow- ered, reddish brown (3" long) ; scales rigid, oblong, 10-nerved, abruptly pointed ; culms acute-angled (l'-4'high), as long as the linear smooth leaves; sheaths dark brown. — South Florida. November. Spikelets less crowded than in the preceding. 5. CAPITATI. Umbel simple or sessile : spikelets inserted on all sides of the common rachis, forming clusters or heads: joints of the rachis mostly winged: scales rigid, 5-1 l-nerved: stamens 3. * Spikelets few in loose clusters. 25. C. filiformis, Swartz. Clusters sessile ; spikelets 6-12, erect, terete, subulate, 6-12-flowered; scales scattered, appressed, oblong, mucrpnate, finely nerved ; rachis very slender, flexuous ; nut oblong, acute ; culms tufted, filiform, acute-angled, longer than the bristle-like leaves; involucre 2-leavcd, the lower one elongated and erect. — Key West. November. 1J. — Culms 4' - 10' high, tumid at the base. Spikelets 4" - 6" long. 26. C. eompressus, L. Umbel simple or compound, often sessile, shorter than the 4 - 6-leaved involucre ; spikelets spreading, linear, flat, 1 2 - 30-flowered ; scales ovate, acuminate, closely imbricated, keeled , nut broadly obovate, acute- angled, black and shining; culms obtuse-angled, longer than the pale green leaves.— Cultivated grounds, Florida to North Carolina, and westward. July- Sept. ® — Culms 4' -12' high. Umbel spreading, sometimes reduced to few CYPERACE^E. (SEDGE FAMILY.) 511 spikclets or a single one. Spikelets somewhat glaucous, 4" - 6" long, serrated by the projecting points of the scales. 27. C. trachynotus, Torr. Umbel simple, of 3 - 5 short erect rays ; in- volucre elongated, 3-leaved ; spikclets several in a cluster, lanceolate, compressed, 12-20-flowcrcd; scales whitish, ovate, acuminate, loosely imbricated in fruit, hispid-serrulate on the keel, the broad margins embracing the pear-shaped acutely angled nut ; culm flattened on one side, rounded on the other, as long as the slender keeled leaves. — Dry sandy soil, South Florida. May - Nov. — Culms 9'- 15' high, straw-color, like the leaves. Spikelets jf long. * * Spikelets numerous in compact globular or oblong heads. •«- Perennials : culms tumid or tuberous at the base. 28. C. fuligineus, n. sp. Head solitary, globose, shorter than the 2-lcavcd involucre; spikes lanceolate, acute, compressed, 8-12-flowercd ; scales (black) ovate, obtuse or emarginate, mucronate ; nut oblong-obovate ; culms filiform, obtuse-angled, thrice the length of the narrow rigid leaves. — Key "West. No- vember.— Culms £°-l° high. Sheaths of the leaves blackish. Head 5" in diameter. Scales 9-nerved. 29. C. filiculmis, Vahl. Umbel of 1 - 2 spreading rays or none ; invo- lucre 3 - 4-leaved ; spikelets 15-20, in a dense globose head, linear-lanceolate, 6-10-flowered; joints of the rachis barely margined; scales (greenish) ovate, obtuse or emarginate, short-mucronate, loosely imbricated ; nut obovate ; culms (10' -15' high), slender, wiry, longer than the linear leaves. (C. marisco ides, Ell.) — Dry sandy soil, Florida, and northward. July- Sept. — Heads £' in diameter. 30. C. Grayii, Torr. Umbel of 4-6 erect rays, shorter than the 3-4- leaved involucre ; spikelets 6 - 9 in a rather loose head, linear or linear-lanceo- late, 5 - 7-flowered ; joints of the rachis winged ; scales (brownish) closely im- bricated (spreading in fruit), ovate or oblong, obtuse; nut obovate; culms (8'- 12' high) filiform, wiry, longer than the bristle-shaped leaves. — Dry sandy pine barrens, Florida, and northward. Aug. and Sept. 31. C. OVlllaris, Torr. Umbel 3-6-rayed, rarely wanting ; heads small, globose or oblong; spikelets (!£"- 2" long) angular, obtuse, 2 - 4-flowcred ; scales ovate-oblong, obtuse, mucronate, closely -imbricated; nut oblong; culms filiform, smooth; rather acute-angled, much longer than the rigid filiform leaves. (Mariscus ovularis, Vahl. M. cylindricus, Ell.) — Wet or dry soil, Florida, and northward. Aug. and Sept. — Culms £° - 2° high. Heads 2" - 3" in diameter. 32. C. retrofractus, Torr. Umbel of about 8 slender (2' -6' long) rays, longer than the involucre ; heads obovate ; spikelets subulate, reflexed, terete ; scales 4-5, the two lower ones ovate and empty, the upper lanceolate, acute; nut linear-oblong: culm tall (2° -4°), downy and roughish, like the broadly linear leaves. (Mariscus retrofractus, Vahl.) — Barren sandy soil, Florida, and northward. July - Sept. — Leaves much shorter than the culm. •»- H- Annuals: roots fibrous. 33. C. Baldwin!!, Torr. Umbel 6-12-rayed, shorter than the involucre; heads globose or oblong ; spikelets linear, somewhat compressed, acute, 6-12- 512 CYPERACE2E. (SEDGE FAMILY.) flowered; scales (greenish or yellowish) oblong, obtuse, mucronate, closely im- bricated ; nut oblong; culms (l°--2° high) obtuse-angled, longer than the linear leaves. (Mariscus echinatus, Ell.) — Cultivated ground, Florida to North Caro- lina, and westward. July - Sept. — Spikelets 3" - 6" long. 34. C. divergens, Kunth. Umbel none; head globose, shorter than the 4-leaved involucre ; spikelets ovate-lanceolate, flat, acute, 5 - 7-flowered ; scales ovate, mucronate, compressed-keeled, 7-nerved, the scarious sides broadly clecur- rent; style deeply 2 - 3-parted ; stamens 2-3; nut (immature) oblong, lenticu- lar or 3-angled; culms low (2' -3'), tufted, obtuse-angled, shorter than the smooth keeled leaves. — Damp cultivated grounds, Quincy, Middle Florida. August. — Head 3" -4" in diameter, composed of 3-4 compact clusters ; spike- lets 1" long, white. $ 3. PAPYRUS. Style 3-cleft: nut 3-angled: scales of the rachis at length free and deciduous. Inflorescence as in No. 7. 35. C. erythrorhiZQS, Muhl. Umbel 3- 12-rayed, simple or compound, shorter than the 3 -10-leaved involucre ; spikelets very numerous, narrow-linear, compressed, spreading, 12-50-flowered; scales minute, oblong-ovate, obtuse, greenish and faintly nerved on the back, yellowish and glossy on the sides ; scales of the rachis lanceolate, acute ; nut oval, compressed-3-angled, smooth and shining ; culms obtuse-angled ; leaves rough on the margins, pale beneath ; involucels leafy, longer than the spikes. (C. tenuiflorus, Ell.) — Ponds and ditches, Florida, and northward. July- Sept. (f) — Culms £° -4° high. Leaves 1"- 14" wide. Spikelets 2" - 8" long. 2. KYLLINGIA, L. Spikelets compressed, mostly 1-flowered. Scales commonly 4, imbricated in two rows, the two lower ones small and empty, the third perfect, the fouith im- perfect. Perianth none. Stamens 1-3. Style elongated, 2-cleft. Nut lentic- ular.— Culms jointless, 3-angled, leafy at the base. Involucre 3-5-leaved. Spikelets collected in single or clustered sessile heads. Plants odorous. 1. K. pumila, Michx. Heads (green) mostly 3, globose or ovate ; spike- lets 1-flowered, ovate-lanceolate, acute at each end; scales 3, the lowest minute, the middle one ovate, compressed, mucronate, mostly serrulate on the keel, en- closing the upper one ; nut obovate ; stamens 2 ; culms weak, acute-angled ; leaves and 3 - 4-leaved involucre linear. — Wet places, Florida to North Caro- lina. July- Sept. © — Culms tufted, 4' - 10' high. 2. K. sesquiflora, Torr. Heads (white) 1 - 3, ovate or oblong ; spikelets ovate-oblong, acute, 1-flowered, or imperfectly 2-flowered ; scales 4-5, the two lower ones minute, the third and fourth alike, ovate, acute, smooth, the fifth en- closed in the fourth ; stamens 2 ; nut obovate ; culms erect, obtuse-angled ; leaves and 3 - 5-leaved involucre broadly linear. — Low exposed places and along roads, Middle Florida. Aug. -Sept. 1|. — Culms 4' -12' high. Plant pale green, pleasant-scented. CYPERACE^. (SEDGE FAMILY.) 513 3. K. monocephala, L. "Heads single, globose, compact; spikelets 1 -flowered, monandrous, ovate, acuminate, the 2 superior scales striatc, nearly smooth on the sides, serrulate-ciliate on the keel, the 2 inferior minute ; nut somewhat orbicular ; involucre 3-leaved, one of the leaves erect, the others hori- zontal." Torr. — Low moist places near Darien and Sunbury, Georgia. — Rhi- zoma creeping Culms 1° high. Head greenish, generally inclined. Leaves abruptly pointed. 3. DULICHIUM, Richard. Spikelets linear, compressed, many-flowered. Scales imbricated in 2 rows, decurrent on the joints of the rachis. Perianth composed of 6 - 9 downwardly hispid rigid bristles. Stamens 3. Style 2-cleft. Nut lanceolate, compressed, long-beaked. — Perennial. Culms terete, jointed, leafy. Leaves numerous, 3-ranked, linear or lanceolate, short and spreading. Spikes numerous, solitary in the upper axils, simple or the lower compound. Spikelets 8- 14, 2-rankcd, spreading, 6 - 10-flowered. Scales lanceolate, many-nerved, closely imbricated. Bristles nearly twice as long as the compressed or concave nut. 1. D. spathaceum, Richard. — Ponds and ditches, Florida, and north- ward. Aug.- Sept. — Culms 1°- 2° high. Leaves V -3' long. Spikelets 6" - 12" long. Peduncles of the lower spikes longer than the sheaths. 4. HEMICARPHA, Nees. Spikes many-flowered, ovate, one or few in a terminal (apparently lateral) cluster. Scales imbricated in many rows, ovate or obovate. Inner scale single, behind the flower, very thin, minute. Perianth none. Stamens 1-2. Style 2-cleft. — Small tufted annuals with naked culms, narrow radical leaves, and an erect mostly 1 -leaved involucre. 1. H. subsquarrosa, Nees. Culms erect, nearly terete (2' -4' high); leaf solitary, linear-subulate, concave, smooth, shorter than the culm ; involucre 1 - 2-leaved, the lower one erect and continuous with the culm, much longer than the spikes, the other short and reflexed or wanting ; spikes 2 (rarely one), seemingly lateral ; scales brown, ovate-oblong, reticulated, the stout and greenish midrib prolonged into a thick and obtuse erect point ; stamens 2 ; style deeply 2-parted, smooth ; nut oblong-obovate, minutely pitted in lines. — Low sandy places, Florida, and northward. Aug. -6ept. — Sheaths brown. Spikes 2" -3" long. 5. LIPOCARPHA, R. Brown. Spikes many-flowered, terete. Scales spatulate, imbricated in many rows, deciduous, the lowest empty. Interior scales 2, parallel to the exterior ones, membranaceous, enclosing the flower and nut. Stamens 1-2. Style 2 -3-cleft. Nut compressed, 3-angled. — Culms jointless, leafy at the base. Spikes in a terminal cluster. Involucre leafy. 1. L. maculata, Torr. Annual; culms clustered, terete; leaves much shorter than the culm, linear, concave, smooth ; involucre 2-6-leaved, spreading 514 CYPERACEuE. (SEDGE FAMILY.) or recurved ; spikes small, ovate, 3-9 in a cluster ; scales spotted ; scales of the perianth very thin, the nerves at length free and bristle-like below ; nut ob- long, contracted into a short neck. (Kyllingia maculata, Michx.) — Springy or miry places, Florida to North Carolina. July -Sept. — Culms 4' -8' high. Spikes l"-2" long, green. 6. FUIRENA, Rottb. Spikes many-flowered. Scales imbricated in many rows, awncd at the apex. Perianth consisting of three petal-like stalked scales alternating with as many bristles. Stamens 3. Style 3-cleft. Nut 3-angled, raised on a stalk, and pointed with the persistent base of the style. — Culms terete, jointed. Spikes single or clustered, lateral and terminal. Scales hairy. 1. F. scirpoidea, Vahl. Rhizoma thick and creeping; culms slender; leaves reduced to pointed sheaths, smooth ; spikes 1-3, terminal, ovate, sup- ported by a small bract-like involucre ; scales obovate, 9-nerved, pointed with a short erect awn ; stalks of the oval barely pointed petal-like scales longer than the hispid bristles. — Wet sandy places, near the coast, Florida and Georgia. May Sept. 1J. — Culms 1° high. 2. F. squarrosa, Michx. Culms clustered, smooth, or pubescent near the summit ; leaves flat, linear or linear-lanceolate, the margins, like the lower sheaths, hairy ; spikes oblong, in lateral and terminal clusters ; scales oblong- obovate, with the long pale awn recurved ; petal-like scales ovate, acute ; bristles as long as the stalk of the obovate nut. — Var. HISPIDA. (F. hispida, Ell.) Leaves, sheaths, and upper portion of the culm bristly-hairy ; petal-like scales acuminate ; bristles nearly as long as the nut. — Swamps, Florida, and north- ward. July -Sept. \— Culms £°- 2° high. Leaves 2' -5' long. Terminal cluster occasionally compound. 7. ELEOCHAEIS, R. Brown. SPIKE-RUSH. Spikes many- (rarely 2-4-) flowered. Scales imbricated on all sides of the rachis, or somewhat 2-ranked, the lowest usually empty, bract-like, and persistent. Perianth of 3 -8 bearded bristles, occasionally wanting. Stamens 1-3. Style 2 - 3-cleft. Nut compressed, biconvex, or 3-angled, crowned with the persistent jointed base of the style (tubercled). — Commonly perennials, with creeping rootstocks. Culms jointless, leafless, sKeathed at the base, bearing at the apex a single spike. $ 1. ELEOCHARIS PROPER. Spikes many -flowered : scales imbricated in several rows. * Spikes cylindrical, scarcely thicker than the soft cellular culms : nut biconvex, pitted or wrinkled in longitudinal lines. H- Scales rounded, thick and faintly nerved: style 3-cleft: bristles 6, sparingly bearded or smoothish, as long as the nut. (Limnochloa, Nees.) 1. E. equisetoides, Torr. Culms stout, terete, knotted by cross parti- tions, roughish ; scales pale, round-ovate, obtuse or the upper acute, scarious on CYPERACE^E. (SEDGE FAMILY.) 515 the margins ; bristles hispid ; nut pale brown, obscurely wrinkled, shining, crowned with a sessile conical-beaked acute tubercle. (Scirpus equisetoides, Ell.) — Ponds, Florida, and northward. July-Sept. 1|. — Culms l°-2° high, 3" in diameter. Sheaths brown. Spikes 1' long. 2. E. quadrangulata, R- Br. Culms unequally 4-sided, with the angles acute ; scales pale, roundish, very obtuse, scarious on the margins ; bristles slen- der, bearded, unequal ; nut broadly obovate, finely pitted, dull white ; tubercle ovate or conical, free around the base, much shorter than the nut. (Scirpus quadrangulatus, Michx.) — Ponds and ditches, Florida, and northward. July- Sept. U— Culm 2° - 3° high, 1" - 2" in diameter. Sheaths purplish. Spikes 1' long. 3. E. eellulosa, Torr. Culms obscurely 3-angled below, terete above ; scales pale brown, round-obovate, white and scarious on the margins ; bristles rather rigid, nearly or quite smooth ; nut oblong-obovate, conspicuously pitted, narrowed into the conical (at length flattened) tubercle. — Marshes, Apalachi- cola, Florida, and westward, near the coast. Aug. and Sept. Ij. — Rootstocks creeping, slender. Culms l°-2° high, 1|" in diameter. Upper sheath elon- gated. Spikes £' - 1' long, spirally twisted. •»- H- Scales oblong, nerved on the lack, thin on the margins : style 2 - 3-cleft : bristles 7, strongly bearded, longer than the nut. 4. E. Robbinsii, Oakes. Culms erect, rather slender, acutely 3-angled, intermixed with hair-like abortive ones; spike 6-8-flowered, acute; scales greenish, obtuse, rather distant on the flattened rachis, closely imbricated ; style 2-cleft; bristles unequal, as long as the nut and tubercle ; nut (1" long) deeply pitted in lines, scarcely shorter than the subulate tubercle. — Shallow ponds, near Quincy, Florida, and in New England, Oakes, Olney ; but not as yet de- tected at any intermediate point. Aug. — Rhizoma filiform. Culms 6' - 12' high. Spikes ^' long. 5. E. elongata, n. sp. Culms floating, slender, terete, mingled with hair- like abortive ones; spike 12-20-flowered, acute; scales rather distant on the compressed rachis, oblong-ovate, obtuse, green on the back, dark brown on the sides ; style 3-parted ; bristles rather longer than the obovate biconvex or some- what 3-angled faintly pitted nut ; tubercle minute. — In still water, near Apala- chicola. July. 1|. — Rootstocks filiform. Culms 2° - 3° long, all but the summit immersed. Spikes 6" - 9" long. Nut £" long. * * Spikes thicker than the culm : style 3-cleft : nut 3-angled. •t- Bristles 6, as long as the nut and tubercle: nut longitudinally furrowed and pitted. 6. E. tuberculosa, R. Br. Culms somewhat compressed, tough and wiry; spikes pale, ovate or oblong, acute; scales oblong, rigid, 1 -nerved; nut obovate, as large as the ovate compressed 3-angled tubercle ; bristles rigid, his- pid.— Varies with larger spikes and pubescent bristles. (Scirpus tuberculosus, Michx.) — Wet places, chiefly along the coast, Florida, and northward. March - Sept. U — Culms 6' - 12' high. Spikes 3" - 4" long (6" - 8" in the var.). Nut shining. 516 CYPERACEuE. ( SEDGE FAMILY.) 7- E. simplex, Torr. Culms unequally 3-sided, acute-angled ; spikes short, ovate, acute ; scales ovate-oblong, whitish, with brownish sides ; nut obovate, flat on the inner face, twice as, long as the conical-beaked compressed acute tubercle ; bristles rigid. (E. tortilis, Schult. Scirpus simplex, Ell.) — Miry places along streams, Florida to North Carolina. May - Sept. 1J. — Culms l°-l£° high, very slender, twisted when dry. Spikes 2" -3" long, angular, few-flowered. 8. E. prolifera, Torr. (Cyp. p. 315, not of p. 442). Culms filiform, dif- fuse or prostrate, compressed ; spikes ovate-lanceolate, acute, proliferous or rooting ; scales whitish, thin, oval, obtuse ; nut obovate, compressed-3-angled ; tubercle half as long as the nut, conical, 3-angled, free at the base ; bristles stout. (E. vivipara, Link.) — Marshy banks of ponds and streams, Florida to North Carolina. May -Sept. 1J. — Culms 10' -20' long, tough and wiry. Spikes 2" - 4" long, very rarely fruiting. •*- -i- Bristles 4-6, longer than the smooth nut. 9. E. intermedia, Torr. Culms bristle-form, diffuse, furrowed; spikes oblong-ovate, acute, 8 - 10-flowered ; scales ovate-lanceolate, rather acute, thin, brown on the sides ; nut (yellowish) obovate, narrowed at the base, flat on the inner face, beaked with the subulate tubercle ; bristles 6, stout, as long as the nut and tubercle. — Wet places and in shallow streams, Georgia, and northward. — Culms £° long. Spikes 2" -3" long. Nut minutely striate. 10. E. albida, Torr. Culms terete, spongy ; spikes pale, oval or oblong, obtuse, many-flowered ; scales rigid, oval, obtuse, white or brownish ; nut broadly obovate, whitish, flat on the inner face, smooth and shining ; tubercle minute, free at the base ; bristles 6, reddish, longer than the nut. — Wet sandy places along the coast, Florida to South Carolina, and westward. May - Sept. 1J. — Ehizoma filiform, creeping. Culms 2'- 6' high. Spikes 2" - 3" long. 11. E. rostellata, Torr. Culms compressed, furrowed, wiry; spikes ovate-lanceolate, acute, 12 -20-flowered ; scales rigid, oval, obtuse, light brown ; nut obovate, flat on the inner face, tapering into the conical-beaked tubercle ; bristles 4-6, stout, twice as long as the nut. — South Carolina, and northward. — Culms 1 ° - 1 1° high. Spikes 3" - 4" long. -t- •»- -t- Bristles 2-6, not exceeding the nut, often wanting. 12. E. melanocarpa, Torr. Culms compressed, furrowed, tough and wiry ; spikes ovate or ovate-oblong, obtuse, many-flowered ; scales thin, ovate, obtuse, white on the broad margins; style 2-3-cleft; nut black, obconical, 3- angled or biconvex, truncate at the apex, and capped with the triangular minutely pointed white tubercle ; bristles 3, as long as the nut, sometimes want- ing. — Pine-barren swamps, Florida, and northward. June - Sept. 1J. — Culms l°-l£° high. Spikes 4" -5" long, 2" thick, occasionally proliferous. 13. E. arenicola, Torr. Rhizoma long and creeping ; culms slender, slightly compressed, striate, tough and wiry ; spikes ovate, or at length oblong or cylindrical, obtuse, many-flowered ; scales thin, oblong, obtuse, brown at the summit, white on the margins ; nut (yellowish) obovate, compressed-3-angled, (SEDGE FAMILY.) 517 contracted into a neck at the base of the short conical-beaked tubercle ; bristles 4-6, reddish, not longer than the nut. — Sandy sea-shore, West Florida to South Carolina. May -Sept. 1J. — Rhizoma and sheaths black. Culms 6'- 15' high. Spikes 3"- 6" long, occasionally 2-3-cleft. Nut minutely pitted. 14. E. tricostata, Torr. Rhizoma stout, creeping; culms nearly terete, striate, wiry ; spikes cylindrical-oblong, acutish, many-flowered ; scales thin, oblong, green on the keel, dark brown on the sides, white on the margins ; nut obovate, with strong and rib-like angles, contracted into the minute conical tubercle; bristles none. — Low pine barrens, Florida, and northward. May — Sept. 1J. — Rhizoma and sheaths pale. Culms 1°- l£° high. Spikes 2" -4" long. Nut very small, minutely wrinkled. 15. E. tenuis, Schultes. Culms filiform, acutely 4-angled, the sheaths purple ; spikes elliptical, obtuse or acute, many-flowered ; scales oblong, obtuse, green on the keel, dark brown on the sides, white on the margins ; nut obovate, 3-angled, transversely wrinkled and pitted, crowned with the broad depressed short-pointed tubercle ; bristles 2-3, much shorter than the nut, fugacious. — "Wet places, North Carolina, and northward. — Culms 8' -12' high, almost bristle-form. Spikes 3" -4" long. Nut pale brown. 16. E. microcarpa, Torr. Culms bristle or hair-like, 4-angled; spikes ovate or oblong, obtuse, 10 -many-flowered, often proliferous; scales oblong, obtuse or acutish, mcmbranaceous, brownish, with white margins ; nut very minute, white, obovate, rounded at the apex, and crowned with the depressed minutely pointed tubercle ; bristles 3-6, rarely as long as the nut, occasionally wanting. Var. ? filiculmis, Torr. Spikes many-flowered, dark brown ; nut obovate- oblong, narrowed at the apex, and crowned with the conical 3-angled tubercle ; bristles rigid, rather longer than the nut. — Low sandy places, Florida to North Carolina, and (the var.) northward, chiefly near the coast. May -Sept. — Culms tufted, 3' -9' high. Spikes l"-2" long. Lowest scale larger and per- sistent. Nut strongly 3-angled. * # # Splices thicker than the culm: style 2 - 3-deft : nut lenticular. H— Culms 4-angled, bristle-like. 17. E. bicolor, n. sp. Culms erector procumbent, 4-angled or 4-furrowed ; spikes ovate, obtuse, 8 - 1 2-flowered ; scales thin, loosely imbricated, ovate, ob- tuse, white on the keel and margins, the sides dark brown ; style 2 - 3-cleft ; nut very minute, white, obovate, lenticular, smooth, twice as long as the three fuga- cious bristles ; tubercle broadly conical, compressed, one third as long as the nut. — Sandy margins of ponds, near Quincy, Florida. Aug. @) — Culms tufted, l'-6' long, when growing in water finely knotted. Spikes l£" long. 18. E. multiflora, n. sp. Culms tufted, erect, 4-furrowed, the sheaths dark brown; spikes ovate or oblong, obtuse, at length very many- (70-100-) flowered ; scales oval, very obtuse, thin, brown on the sides, white on the mar- gins ; stamens 2 ; style 2-cleft ; nut very minute, pear-shaped, compressed, almost truncate at the apex, tipped with the somewhat peltate tubercle ; bristles 44 I 518 CYPERACEjE. (SEDGE FAMILY.) none. — Margins of ponds and streams, West Florida. June -Aug. © — Culms 3' -5' high. Spikes 1"- 2" long, the lower scales deciduous as new flowers are developed. Nut black, smooth and shining. •«- •»- Culms terete or compressed, more or less spongy. 19. E. capitata, R. Brown. Rhizoma slender, creeping; culms com- pressed; spikes short, ovate, 1 2 - 1 6-flowered ; scales mcmbranaccous, whitish, oblong, obtuse, deciduous ; nut black and shining, broadly obovate, biconvex, tipped with the short conical tubercle ; bristles 6, as long as the nut. — Springy or miry places, Florida, Georgia, and westward. June - Sept. Ij. — Culms l'-4' high. Spikes l"-2" long. Scales often brown when young. Nut very small. 20. E. olivacea, Torr. Culms compressed, furrowed, diffuse; spikes ovate, acutish, many-flowered ; scales ovate, obtuse, thin, purplish on the sides, green on the keel, the margins white ; nut obovate, dull, dark olive ; tubercle distinct, conical-beaked ; bristles 6-8, about half as long as the nut. — Wet sandy places, North Carolina, and northward. Aug. and Sept. — Culms 2' - 5' long. Spikes 3" long, 20 - 30-flowered. 21. E. palustris, R- Brown. Rhizoma creeping; culms slender, terete, striate; spikes oblong-lanceolate, mostly acute, many -flowered ; scales oblong, membranaceous, brpwn on the sides, at length whitish, the upper ones acute ; nut dull yellow, obovate, tumid, minutely dotted; tubercle short, triangular- ovate, compressed; bristles 4, slender, commonly as long as the nut. (Scirpus palustris, L.) — Marshes and wet places, Florida, and northward. June- Sept. 1|. — Rhizoma black. Culms 1 ° - 3° long. Spikes 3" -5" long. 22. E. Obtusa, Schultes. Culms tufted, terete, thick and spongy ; spikes ovate or oblong, obtuse, many-flowered ; scales thin, oblong, obtuse, commonly brown on the sides, green on the keel, with broad and white margins; style 2-3-cleft; nut^ (light brown) obovate, lenticular, smooth and shining, scarcely wider than the short compressed acute tubercle ; bristles 6, rigid, twice the length of the nut. (Scirpus capitatus, Ell.) — Muddy margins of ponds and streams, Florida, and northward. Common. June - Sept. — Culms 6' - 18'. high. Spikes 2" -4" long. § 2. CEUETOCYPERUS. Spikes few-flowered, compressed: scales membranaceous, imbricated in 2 -3 rows : style 3-cleft. Culms capillary. 23. E. acicularis, R. Br. Culms (2' -12' high) angled; spikes ovate, 5 - 6-flowered, acute ; scales oblong, with reddish sides ', nut oblong, white, nearly terete, longitudinally ribbed and pitted, pointed with the conical or de- pressed tubercle ; bristles 3-4, shorter than the nut, sometimes wanting. (Scir- pus trichodes, MM.) — Margins of ponds, Florida, and northward. June- Sept. 24. E. pygmsea, Torr. Culms short (l'-2' high), grooved on one side; spikes ovate, 3 - 6-flowered ; scales whitish, ovate ; nut ovate, pale, prominently 3-angled, smooth and shining, narrowed above into the minute tubercle ; bristles 6, longer than the nut, sometimes wanting. (Scirpus capillaceus, Ell.) — Muddy CYPERACE^E. (SEDGE FAMILY.) 519 or sandy banks near the coast, Florida, and northward. April -July. — Rhi/oma very slender, bearing minute tuber-like buds. Spikes l"-2" long. 25. E. Baldwin!!, Ton*. Culms (4' -6' long) grooved, diffuse, wiry ; spikes oblong, flat, 3 - 5-flowered, proliferous and rooting ; scales 4-6, 2-ranked, lanceolate, obtuse, finely nerved, the lower ones longer ; nut smooth, oblong, strongly 3-angled, crowned with the conical 3-angled sessile tubercle; bristles 4-6, unequal, the longest as long as the nut. — Swamps, Florida and Georgia. June - Sept. }J. — Sheaths light brown. Spikes 2" long. 8. SCIRPUS, L. BULRUSH. Spikes terete, single, or oftener in clusters or umbels, which are subtended by a 1 -many-leaved involucre. Scales imbricated in several rows/ Nut obtuse, or pointed by the persistent jointless base of the style. Tubercle none. — Culms jointed and leafy, or leafy or sheathed only at the base. Otherwise like Eleo- charis. — All perennial except No. 2. § 1. Culms jointless : leaves or sheaths radical. * Spike solitary, terminal. 1. S. CSBSpitoSUS, L. Culms tufted (6' -10' high), terete, wiry; sheaths numerous, rigid, imbricated, the uppermost ending in a short leaf; spike 3-8- flowcred ; involucre 2-leaved, as long as the spike, pointed ; nut oblong, com- presscd-3-angled, abruptly pointed, half as long as the smooth capillary bristles. — High mountains of North Carolina, and northward. July. — Rhizoma thick and creeping. Spike 1 " - 2" long. * * Spikes 2 -many, apparently lateral: the 1 -leaved involucre erect and continuous with the culm. •»- Spikes in sessile clusters. 2. S. debilis, Pursh. Culms terete, slender, commonly leafless; spikes 2-5, oblong-ovate or cylindrical ; involucre elongated ; scales round-ovate, obtuse mucronate ; style 2 - 3-cleft ; nut broadly obovate, plano-convex, smooth, shorter than the 4 - 6 strongly hispid bristles. — Borders of ponds and streams, South Carolina, and northward. ® — Culms £°-l|° high. Spikes 3"- 5" long. 3. S. pungens, Vahl. Culms stout, acutely 3-angled, two of the sides concave, leafy at the base ; leaves channelled, sharply keeled ; involucre slender (3' -4' long); spikes 3-6, light brown, oblong; scales membranaceous, oval, 2-cleft, mucronate-awned, slightly ciliate ; anthers slender-pointed ; style 2-cleft ; nut round-obovate, plano-convex or lenticular, as long as the 3-5 hispid bristles. (S. Amcricanus, Pers.) — Sandy marshes along the coast, West Florida, and northward. June -Sept. — Culm 2° -3° high. Leaves 2-3, mostly shorter than the culm. Spikes 4" -6" long. 4. S. Olneyi, Gray. Culms stout, with three-winged angles, and three deeply channelled sides, leafless, or the sheaths ending in short pointed leaves ; invo- lucre short (£'-!' long) rigid; spikes 7-13, short, ovate, dark brown; scales 520 CYPERACE^E. (SEDGE FAMILY.) smooth, orbicular, 2-cleft, mucronate ; anthers obtuse ; style 2-cleft ; nut round- obovate, plano-convex, as long as the 6 hispid bristles. — Brackish marshes, AVest Florida, and northward. June - Sept. — Culms 26 - 4° high. Leaves 2' - 4' long. Spikes 2" long. •»- •*- Spikes umbelkd. 5. S. lacustris, L. Culm tall (3° -8° high), terete, leafless, or the radical sheaths leafy-pointed ; involucre 1 -leaved, pungent, shorter than the decompound umbel ; spikes ovate or oblong, mostly clustered ; scales ovate, emarginate, rough- awned, ciliate on the margins, pubescent on the back and green keel ; style 2-cleft ; nut obovate, pointed, plano-convex, shorter than the 3-6 strongly hispid bristles. (S. validus, VahL) — Varies, with the broader keeled and fimbriate bristles rather shorter than the round-obovate nut. — Fresh or brackish marshes and ponds, Florida, and northward. July -Sept. 6. S. leptolepis. Culms 3-angled, leafy at the base (2° - 3° high) ; leaves long, sharply keeled, triangular-compressed near the obtuse curved apex, the immersed ones flat and pellucid; involucre slender (7' long), leaf-like, with shorter ones at the divisions of the compound umbel ; spikes single, oblong or cylindrical, many-flowered, acute ; scales light brown, lanceolate-oblong, acute, smooth, membranaceous, mucronate, and, like the three obtuse anthers, finely spotted; style 3-parted; nut whitish, 3-angled, oblong-obovate, long-pointed, shorter than the 5 slender and minutely denticulate bristles. (S. maritimus, var. cylindricus, Tom?) — Lakes and ponds, Middle Florida, and westward. Dr. Hale. September. § 2. Culms jointed, leafy throughout: umbel terminal: involucre 2- several-leaved, spreading. . * Bristles hispid downward. 7. S. maritimus, L. Culm sharply 3-angled, rough above ; leaves longer than the culm, keeled ; umbel simple, 1 - 3-rayed, bearing single or 2 - 3 spikes in a cluster, or the spikes all clustered and sessile ; involucre 2 - 4-Ieaved, much longer than the umbel ; spikes large, ovate or oblong-ovate, dull brown ; scales thin, ovate, pubescent, tipped with a spreading awn ; nut round-obovate, plano- convex or lenticular, smooth and shining, twice the length of the 4 weak bristles. — Saline marshes, Florida, and northward. Aug. and Sept. — Culms 2° - 3° high. Spikes 6"- 10" long, 4" in diameter. 6. S. polyphyllus, Vahl. Culm obtuse-angled, smooth ; leaves long-, rough on the margins ; umbel decompound, spreading ; spikes small, 3 - 8 in a cluster, ovate, yellowish-brown ; scales ovate, mucronate, keeled ; bristles 6, slender, hispid near the summit, mostly tortuous, 2 — 3 times as long as the pale compressed-3-angled pointed nut. (S. exaltatus, Pursh.) — Shady swamps, North Carolina, and northward. July. — Culm 2° - 5° high. Spikes 1 n long. 9. S. divaricatUS, Ell. Culm round-angled, many-jointed; leaves flat, broadly linear ; umbel large, widely spreading or drooping, decompound, longer than the 3-leaved involucre ; spikes all single, oblong-linear, scattered ; scales ovate, obtuse, 3-nerved, brown on the sides ; bristles hair-like, rather roughened than hispid, crisped at^the summit, longer than the obovate pointed equal-sided CYPERACE^E. (SEDGE FAMILY.) 521 acute-angled nut. — Muddy banks of the Chipola River, and of Flat Creek, near Aspalaga, Florida, to South Carolina; not common. Aug. — Culm 2° -4° high, often proliferous at the joints. Umbel 6'- 12' long. Spikes 2"- 3" long. * * Bristles 6, capillary, smooth, crisped and entangled. (Trichophorum.) 10. S. Eriophorum, Michx. Culm nearly terete, with the joints remote ; leaves linear, elongated, keeled; umbel terminal, decompound, spreading or recurved, shorter than the 3 - 5-leavcd involucre ; spikes single or clustered, ovate ; scales thin, lanceolate, obtuse ; bristles many times longer than the oblong compressed-3-angled beak-pointed nut, at length cxsertcd, and covering the spike with woolly down. (Trichophorum cyperinum, Pers.) — Swamps and low grounds, Florida, and northward. July - Sept. — Culm 2° - 4° high. 11. S. lineatllS, Michx. Culm. 3-angled; leaves flat, linear-lanceolate; umbels lateral and terminal, longer than the 1 - 3-leavcd involucre ; spikes all single, cylindrical ; scales rigid, keeled, mucronate ; bristles barely exscrted ; nut as in the preceding. Swamps, Georgia, and northward. June - Aug. — Culm 2° - 3° high. Spikelets 3" - 4" long. 9. ERIOPHORUM, L. COTTON-GRASS. Spikes many-flowered. Scales imbricated in many rows. Perianth composed of numerous (rarely 6) smooth and flat hairs, much longer than the scale, and forming a woolly or silky tuft. Stamens commonly 3. Style 3-cleft, deciduous. Nut 3-angled or lenticular. — Perennials, with leafy culms, in our species, and clustered or umbelled spikes. 1. E. Virginicum, L. Culm nearly terete, rigid ; leaves narrowly linear, elongated ; spikes densely clustered, nearly sessile, erect ; involucre 2 - 3-leaved ; wool reddish, thrice the length of the brownish scales ; nut compressed-3-angled, acute. — Bogs and swamps, Florida, and northward. June - Aug. — Culm 2° - 3° high. Leaves 10' - 18' long. 2. E. polystachyon, L. Culm terete ; leaves broadly linear, 3-angled at the summit ; spikes umbelled, distinct, on slender at length nodding peduncles; involucre 2-leaved, shorter than the umbel ; wool white, many times longer than the dark brown scales ; nut obtuse. — Meadows and bogs in the upper districts, Georgia, and northward. Aug. and Sept. — Culm 1° - 2° high. Leaves 3' - 6' long. 10. FIMBRISTYLIS, Vahl. Spikes many-flowered. Scales imbricated in several rows. Perianth none. Stamens 1-3. Style 2-clcft, commonly flat and fringed on the margins, tumid at the base, deciduous. Nut lenticular. — Culms jointless, leafy at the base. Involucre 1 - several-leaved. Spikes terminal, umbellate or clustered. * Spikes umbelled. 1. F. spadicea, Vahl. Perennial; culms clustered, nearly terete, rigid (2° -3° high) ; leaves long, linear or filiform, concave, rough on the margins; umbel simple or compound, erect ; involucre 2 - 3-leaved ; spikes ovate or ob- 44* 522 CYPERACE^E. (SEDGE FAMILY.) long, dark brown ; scales smooth, rigid, rounded ; nut obovate, acute, slightly fu/rowed and pitted. (Scirpus castaneus, Mic^x. S. ferruginous, Eli.) — Salt marshes, Florida, and northward. Aug. - Oct. Var. puberula. (Scirpus pubcrulus, Michx.) Culms single, slender (1°- 2° high) ; leaves filiform, involute, and, like the spikes, densely pubescent and somewhat hoary ; nut round-obovate, obtuse. — Low pine barrens. 2. F. laxa, Vahl. Annual; culms (6' -18' high) slender, and, like the narrowly linear leaves, often pubescent ; umbel mostly simple ; involucre 2-4- leaved ; spikes oblong-ovate ; scales orbicular, mucronate ; nut obovate, strongly furrowed and pitted, warty on the edges. (Scirpus sulcatus, Ell.) — Low grounds, in fields and waste places, Florida to North Carolina. Aug. and Sept. — Umbel occasionally reduced to a single spike. * * Spikes clustered, sessile. 3. F. COngesta, Torr. Annual; culms densely tufted (3' -6' high), bris- tle-like, like the rough leaves ; spikes 5 - 10 in a terminal cluster, oblong or cylin- drical, pale, or at length yellowish brown ; involucre 4-leaved, erect-spreading, longer than the culm; scales lanceolate, tapering into a slender spreading point; nut oblong-obovate, crossed with faint lines. — Banks of the Apalachicola Kiver, Florida, and westward. Aug. and Sept. — Spikes 2" - 3" long. • 11. TRICHELOSTYLIS, Lestib. Spikes terete, many-flowered. Scales imbricated in few (4 - 8) rows. Peri- anth none. Style 3-cleft, tumid at the base, deciduous. Nut 3-angled. — Culms jointless, leafy at the base. Spikes umbelled. 1. T. autumnaliS. Culms slender, flat, 2-edged, 6' -12' high, tufted ; involucre 2-leaved, mostly shorter than the simple compound or decompound umbel ; spikes linear-lanceolate ; scales ovate-lanceolate, mucronate, imbricated in 4 rows ; stamens 2 ; nut white, obovate, obtuse, often warty. (Scirpus autum- nalis, L.) — Low grounds, Florida to Mississippi, and northward, very common. July - Oct. © 12. ISOLEPIS, E. Brown. Spikes few -many-flowered. Scales imbricated in few - several rows. Peri- anth none. Style 3-cleft, the tumid base persistent at the apex of the 3-angled nut. — All annuals (in our species), with filiform or bristle-form culms and leaves. Spikes umbelled or clustered. Leaves radical. * Spikes umbelled. (Scales pubescent.) 1. I. capillaris, K. & S. Culm (4' -6' high) smooth, furrowed, and, like the rough-edged leaves, bristle-like ; spikes 3 -4, in a simple umbel, oblong, 6-8- flowered ; scales oblong, obtuse, strongly keeled, brown on the sides, imbricated in 4 rows ; nut obovate, obtuse, nearly equal-sided, transversely wrinkled ; sta- mens 2. (Scirpus capillaris, L.) — Moist sandy places, Florida, and northward. June - Sept. — Sheaths of the leaves bearded at the throat. Involucre 2-3- leaved, scarcely longer than the umbel. CYPERACE^E. (SEDGE FAMILY.) 2. I. ciliatifolia, Torr. Culms tufted, filiform, angled (G'-12' high); leaves bristle-form, hispid on the edges, the sheaths bearded at the throat; um- bel compound; spikes several (l"-2" long), 6-12-flowered, linear-oblong; scales oval, strongly keeled, brown on the sides ; nut obovate, very obtuse, nearly equal-sided, obscurely wrinkled. (Scirpus ciiiatifolius, Ell.) — Dry sandy places, Florida to North Carolina. Aug. and Sept. 3. I. coarctata, Torr. Culms (1° high) terete, filiform ; leaves bristle- form, smooth, with the sheaths bearded ; umbel compound, contracted ; spikes (3" long) linear-oblong, 1 0 - 1 5-flowered ; scales ovate, acutish, imbricated in 4 rows ; nut flat on the inner face, obtuse-angled in front, obscurely dotted. ( Scir- pus coarctatus, Ell.) — Dry sandy soil, Georgia and South Carolina, near the coast. Sept. and Oct. — Rays of the umbel £f long. * * Spikes clustered in a terminal head. 4. I. stenophylla, Torr. Culms (2' -4' high) densely tufted, 3-angled, and, with the bristle-form leaves and involucre, bristly-ciliate ; involucre much longer than the head, 3 - 4-leaved, dilated and ciliate at the base ; spikes 4-6, oblong-linear, 8-10-flowered ; scales lance-ovate, slender-pointed, hispid on the 3-nerved keel ; nut (bluish) obovate, obtuse, wrinkled. (Scirpus stenophyllus, Ell.) — Dry sandy soil, Florida to North Carolina, Aug. and Sept. 5. I. Warei, Torr. Culms filiform (l°-l£° high), smooth, 3-angled, much longer than the bristle-form hispid leaves ; sheaths bearded at the throat with long silky hairs ; leaves of the involucre rigid, twice as long as the head, orbicular and cut-fringed at the base; spikes 8-10 in a head, ovate, many-flow- ered ; scales ovate, mucronate, many-nerved ; nut obovate, obtusely angled, obscurely wrinkled. — Dry sands near the coast, West Florida. Sept. — Heads £' in diameter. 13. ABILGAARDIA, Vahl. Spikes many-flowered. Scales imbricated in 2 or (by the twisting of the rachis) 3 rows, keeled, decurrent on the rachis, deciduous. Perianth none. Stamens 1-3. Style 3-cleft, tumid at the base, deciduous. Nut 3-angled. — Culms jointless, leafy at the base. Spikes solitary, clustered or umbelled. 1. A. monostachya, Vahl. Culms filiform, tufted (6' - 10' high) ; leaves shorter than the culm, filiform, obtuse, concave; spikes solitary (rarely by pairs), ovate, acute, compressed, 8- 12-flowered, much longer than the bract-like mu- cronate 1 -leaved involucre ; scales broadly ovate, acute or mucronate, compressed- keeled, with broad and white margins ; stamens 3 ; nut somewhat pear-shaped, 3-angled, warty, yellowish-white. — South Florida, Dr. Blodyett. 14. RHYNCHOSPORA, Vahl. BEAK-RUSH. Spikes 1 -several-flowered. Scales imbricated in few rows, the lowest empty, the upper usually bearing imperfect flowers. Perianth of 3 - 6 (rarely 12-20) hispid or plumose bristles, occasionally wanting. Stamens mostly 3. Stylo 2-cleft. Nut lenticular or globose, crowned with the dilated and persistent baso 524: CYPERACE^E. (SEDGE FAMILY.) of the style (tubcrcled). Perennials, with jointed and leafy culms. Spikes small, disposed in axillary and terminal corymbs or clusters. § 1. ERIOCHJETE. Bristles of the perianth 6, plumose. 1. R. plumosa, Ell. Culms (6' -12' high) and leaves filiform; spikes few, in about three small clusters at the summit of the culm ; nut nearly globu- lar, strongly wrinkled, pointed with the short ovate smooth tubercle ; bristles rather longer than the nut, plumose throughout or nearly to the summit. — Low pine barrens, Florida to North Carolina. June and July. Var intermedia. Culms taller (l°-2° high); leaves narrowly linear; clusters 4-6, forming an interrupted spike at the summit of the culm ; nut obo- vate, pointed with the conical-beaked pubescent tubercle ; bristles plumose only at the base, or below the middle. — Sandy pine barrens, often dry places, Elorida. 2. R. semiplumosa, Gray. Culms erect, rigid (l°-2° high); leaves narrowly linear ; spikes oblong-ovate, dark brown, crowded in a terminal head, or rarely in a remote axillary one ; nut globose-obovate, faintly wrinkled, pointed with the short broadly conical smooth tubercle ; bristles exceeding the tubercle, plumose below the middle. — Dry sandy ridges, near the coast, West Florida. July and Aug. — The leaves, like those of the preceding species, have a joint- like contraction near the middle. 3. R. oligantha, Gray. Culms (6' -12' high) and smooth leaves bristle- like, reclining ; corymb terminal, of 3 - 6 large (4" long) ovate-lanceolate whitish stalked spikes ; nut oval, lenticular, faintly wrinkled ; tubercle dilated at the base, conical, flat ; bristles longer or shorter than the nut, plumose below the middle. — Low open pine barrens, Florida to North Carolina. June and July. $ 2. RHYNCHOSPORA PROPER. Bristles of the perianth 3-20, smooth, scabrous, or hispid. * Nut transversely wrinkled or uneven : bristles denticulate or hispid upward. •t- Bristles shorter than the nut. 4. R. rariflora, Ell. Culms and leaves bristle-form; corymbs 2-3, re- mote, spreading ; spikes few and scattered, ovate ; nut broadly obovate, bicon- vex, strongly wrinkled, twice as long as the 6 fragile bristles ; tubercle flat, broadly conical, | as long as the nut. — Low grassy pine barrens, Florida to North Carolina. June and July. — Culms 1°-1^0 long, commonly reclining. Spikes pedicelled. 5. R. Torreyana, Gray. Culms erect, slender, nearly terete ; leaves nar- rowly linear or bristle-form ; corymbs 1-3, remote, erect ; nut obovate, flat, about twice as long as the 6 bristles ; tubercle compressed-conical, dilated at the base, | the length of the nut. — Wet ground, South Carolina, and northward. July. — Culm 1°- 3° high. Corymbs many-flowered and somewhat spreading, or few-flowered and capitate. 6. R. cymosa, Nutt. Culms (2° -3° high) 3-angled; leaves narrowly linear ; corymbs mostly 3, distant, open or contracted ; spikes ovate, clustered, light brown ; scales mucronate ; nut broadly obovate, biconvex, faintly wrinkled, twice as long as the 3-6 bristles ; tubercle broadly conical, compressed, £ as CYPERACEJ2. (SEDGE FAMILY.) 525 long as the nut. — Var. OLOBULARIS. Smaller (6' -15' high) ; corymbs reduced to few globose-ovate dark brown clustered spikes ; nuts smaller, and deeper fur- rowed. — Low ground, Florida, and northward. June and July. 7. R. compressa, Carey. Culms stout, 3-angled (2° -3° high) ; leaves lin- ear, rigid ; corymbs 3 -- 5, remote, spreading ; spikes ovate, numerous, in dense bracted clusters ; scales acute ; nut obovate ; the flat or somewhat depressed sides strongly wrinkled and pitted, twice as long as the 6 bristles ; tubercle conical-beaked, with the dilated base wider than the nut. — Margins of pine- barren ponds, "West Florida. June and July. — Radical leaves numerous, 1° long. •i- •»- Bristles equalling or longer than the nut (in No. 9 variable). 8. R. stenophylla, n. sp. Culms and leaves setaceous; corymbs 1-2, small, erect ; spikes 5-7, distinct, lanceolate-oblong ; nut obovate, biconvex, strongly wrinkled, twice as long as the conical-beaked tubercle ; bristles 6, slen- der, nearly as long as the nut and tubercle. — Low grassy pine barrens, Apala- chicola. June and July. — Culms tufted, 1° long. 9. R. microcarpa, Baldw. Culms (2° high) erect, slender, nearly terete ; leaves narrowly linear ; corymbs 4-6, slender, spreading, compound ; spikes small, round-ovate, scattered ; nut round-obovate, lenticular, strongly wrinkled, tipped with the very short and broad tubercle ; bristles 5-6, as long as the nut. — Varies with the spikes clustered, and the 3 bristles not half the length of the nut. — Margins of ponds, Florida to North Carolina. July and Aug. 10. R. inexpansa, Vahl. Culms nearly terete, slender (2° -3° high) ; leaves narrowly linear ; corymbs 4-5, narrow, remote, compound, drooping ; spikes scattered, lanceolate ; nut lanceolate-oblong, compressed, twice as long as the conical-beaked tubercle ; bristles 6, very slender, twice the length of the nut. — Swamps and banks of streams, Georgia, and northward. July and Aug. 11. R-. decurrens, n. sp. Culms (2° -3° high) erect, nearly terete, very slender and bending near the top ; leaves linear, elongated, flat and somewhat glaucous ; corymbs 5-6, remote, compound, the bristle-like branches spreading or drooping; spikes (1" long) ovate, scattered, pedicelled ; nut obovate, lentic- ular, slightly wrinkled and pitted ; tubercle compressed, crescent-shaped, with the edges decurrent, £ the length of the nut ; bristles 6, as long as the nut. — Marshy banks of lakes and rivers, West Florida. June and July. 12. R. patllla, Gray. Culms 3-angled (2° -3° high), slender above; leaves linear ; corymbs 3-5, remote, compound, widely spreading ; spikes scattered, ovate, on slender stalks ; nut round-obovate, lenticular ; tubercle flat, conical, half the length of the nut, ciliate on the edges ; bristles 6, rather longer than the nut. — Varies with the spikes lanceolate, the narrower nut contracted at the base, and the bristles twice the length of the nut. — Banks of pine-barren streams, Florida and Georgia. June and July. 13. R. Elliottii, Dietr. Culm (2° -3° high) 3-angled; leaves linear (!"- 2" wide) ; corymbs 3-5, compound, the lower ones remote; spikes small, ovate, crowded ; nut obovate, flattened, strongly wrinkled ; tubercle broadly conical, flat, £ as long as the nut; bristles 6, strongly hispid, as long as the nut and 526 CYPERACEJ2, (SEDGE FAMILY.) tubercle. (R. multiflora, Gray. Scirpus schoenoides, Ell.) — Margins of ponds in the pine barrens, Georgia, Florida, and westward. June and July. — Nuts £" long, several on a spike. 14. R. caduca, Ell. Culms stout (3° -4° high), 3-angled; leaves broadly linear (3" -4" wide) ; corymbs 4-6, compound, remote, the branches and short pedicels erect ; spikes very numerous, approximate, ovate ; scales caducous ; nuts 4 - 8 on the spike, obovate, biconvex, faintly wrinkled ; tubercle flat, con- ical, ciliate, J as long as the nut ; bristles 6, slender twice as long as the nut. — Swamps and wet banks of Streams, Florida to North Carolina. Aug. — Spikes 2" long. Nut twice as large as in No. 13. 15. R. miliacea, Gray. Culms tall (3°-4° high), 3-angled ; leaves flat (3"- 4" wide) ; corymbs 6-8, distant, compound ; the branches and slender pedicels spreading horizontally ; spikes ovate ; scales caducous ; nuts 4 - 8 on the spike, round-obovate, biconvex ; tubercle compressed, conical ; bristles 6, slender, as long as the nut and tubercle. (R. sparsa, Ell.) — Bogs and deep miry places, Florida to North Carolina. June and July. — The nuts of this and the preced- ing species remain on the spike after the scales have fallen away. 16. R. punctata, Ell. Culms (l°-2° high) slender, 3-angled; leaves short, linear-lanceolate ; corymbs 3-4, cluster-like, the lateral ones simple, dis- tant, and long-peduncled ; spikes ovate ; nut obovate, compressed, with transverse pitted furrows, rather shorter than the 6 slightly hispid bristles ; tubercle conical, compressed, shorter than the nut. — Near Savannah and St. Mary's, Georgia, Elliott. May and June. 17. R. Grayii, Kunth. Culm solitary, 3-angled (2° -3° high); leaves lin- ear, rigid, shining; corymbs 3-4, distant, capitate; spikes few, large, ovate; nut round-obovate, tumid, slightly pitted, dull ; tubercle short-conical, dilated at the base; bristles 6, as long as the nut and tubercle; stamens 3-6. (R. distans, Ell. R. Elliottii, Gray.) — Dry pine barrens, Florida to North Carolina. June and July. * * Nut smooth and even : bristles hispid upward. 18. R. megalocarpa, Gray. Culms stout (2° -3° high), 3-angled; leaves rigid, linear, shining ; corymbs 4-6, distant, spreading or somewhat contract- ed; spikes (3" long) ovate, single; nut large (2" long), orbicular-obovate, biconvex, light brown, turning blackish ; tubercle short-conical from a spreading base; bristles 6-10, commonly shorter than the nut; stamens 12. (R. dode- candra, Baldw.) — Dry sands along the coast of West and East Florida, and Wilmington, North Carolina. May -Aug. 19. R. Baldwin!!, Gray. Culms (2° -3° high) sharply 3-angled, rough ; leaves short, glaucous, smooth, very acute ; corymbs 1-3, contracted or nearly capitate ; spikes ovate, dark chestnut ; nut ovate, lenticular, twice as long as the flat conical tubercle; bristles 12-14, longer than the nut; stamens 6. — Wet pine barrens, Georgia and Florida. June and July. 20. R. ciliata, Vahl. Culms blunt-angled (1° - 2° high) ; leaves short, glau- cous, linear-lanceolate, obtuse, fringed on the margins ; corymbs mostly solitary, capitate ; spikes light brown, ovate ; nut oval, lenticular, minutely roughened ; CYPERACE^:. (SEDGE FAMILY.) 527 tubercle flat, conical ; bristles 6, $ the length of the nut ; stamens 3. — Wet pine barrens, Florida to North Carolina. June -Aug. — Leaves 2'- 4' long. Lat- eral corymb (when present) remote. 21. R. fascicularis, Nutt. Culms obscurely 3-angled, commonly slender, (2° -3° high) ; leaves pale, narrowly linear; corymbs 2-3, distant, capitate, or sometimes compound ; bracts conspicuous ; spikes light brown, oblong-ovate, densely clustered; scales mucronate-awned ; nut oval or orbicular, lenticular, dark brown, usually pale in the middle and on the prominent edges ; tubercle white, broadly or narrowly conical, obtuse, compressed, J - £ the length of the nut ; bristles 4-6, varying from one half to nearly twice the length of the nut. — Low pine barrens, Florida to North Carolina. June and July. Var. distans. ( R. distans, Nutt. ) Every way smaller ; culms (6' - 1 8' high) erect ; corymbs capitate, by pairs at the summit of the culm, and often with a third rather distant lateral one ; spikes ovate ; bristles 6, as long as the nut, rarely twice as long. — Low pine barrens, Florida to North Carolina. Aug. and Sept. Var. trichoides. Culms (6' - 12' long) prostrate, and, like the leaves, bristle- form ; corymb solitary, capitate ; spikes few ; nut orbicular, three times as long as the 3 -6 bristles. — Open pine barrens, West Florida. 22. B. filifolia, Gray. Culms (l°-2° high) filiform, erect ; leaves seta- ceous; corymbs 2 -4, distant, capitate; spikes densely clustered, lanceolate ; nut minute, obovate, lenticular, smooth and shining, twice as long as the compressed triangular-ovate ciliate tubercle ; bristles 6, rigid, nearly as long as the nut and tubercle. — Margins of pine-barren ponds, Florida to North Carolina. July and Aug. — Culm nearly terete. Spikes brown. Nut pale, with thickened edges. 23. R. pallida, M. A. Curtis. Culms rigid, acutely 3-angled, glaucous- green, rough above; leaves erect, ciliate-serrulate ; corymb terminal, capitate, compact; spikes very pale-ferruginous, lanceolate, 1 -flowered 5 nut obovate, smooth, compressed, reddish brown, with a paler disk ; tubercle very short, de- pressed, apiculate ; bristles 3, one fifth the length of the nut ; stamens 3 ; style 2-clcft. — Wilmington, North Carolina. Curtis. June. — Culm 12' -20' high. Nut 1" long. # # * 2Virt smooth and even : bristles hispid dowmcard. 24. R. alba, Vahl, Culms (1°- 2° high) slender, 3-angled above; leaves narrowly linear or setaceous ; corymbs mostly 2, capitate, white, turning brownish, the lower one long-ped uncled ; spikes ovate-lanceolate, 1 -flowered; nut obovate, lenticular, twice as long as the compressed subulate tubercle; bristles 10-20, rigid, as long as the nut and tubercle, ciliate at the tfase. — Wet springy places, Florida, and northward. Aug. and Sept. 25. R. gracilenta, Gray. Culms and leaves filiform or setaceous ; cor- ymbs 2-3, distant, capitate, brown; spikes densely clustered, ovate-lanceolate; nut oval, dull, as long as the slender subulate tubercle ; bristles 6, twice as long as the nut. — Wet pine barrens, Florida, and northward. July and Aug. — Culms 1° - 2° high. 26 R. glomerata, Vahl. Culms (2° -3° high) 3-angled; leaves narrowly linear; corymbs 4-12, often by pairs, capitate, dark brown; spikes ovate-lanceo- 528 CYPERACEJE. (SEDGE FAMILY.) late ; nut obovate from a stalk-like base, lenticular ; tubercle subulate, as long as the nut, with its dilated base equalling it in width ; bristles 6, stout, nearly as long as the nut and tubercle. — Var. PANICULATA. (R. paniculata, Gray.) Culms stout (3° -4° high) ; leaves flat (2" -3" wide) ; corymbs compound, paniculate, with the very numerous spikes clustered at the summit of the branches. — Bogs and springy places, Florida to North Carolina, and westward. July - Sept. 27. K. cephalantha, Gray. Culms (2° -3° higli) nearly terete ; leaves nar- rowly linear; corymbs 4 - 8, mostly by pairs, globose, compact; spikes numer- ous, lanceolate-oblong, dark brown ; nut broadly obovate from a stalk-like base, compressed, almost truncate at the apex, and much wider than the base of the subulate tubercle ; bristles 6, as long as the nut and tubercle. — Bogs and shady swamps, Florida, and northward. July and Aug. § 3. HALOSCHCENUS. Perianth none. 28. B. pusilla, n. sp. Culms (6' - 12' high) and leaves bristle-form ; corymbs 2-3, distant, erect-spreading, the upper one compound; spikes minute, ovate, mostly scattered on the branches, 3-flowered ; scales ovate, brown ; nut white, oblong-obovate, compressed-lenticular, contracted at the base, transversely wrinkled ; tubercle depressed-conical, free at the base. — Margins of pine-barren ponds, Middle and West Florida. June. 29. R. diver gens, n. sp. Culms (6'- 12' high) and leaves filiform or bristle- form; corymbs 2-3, distant, spreading; spikes small, scattered, pcdicelled, 3- flowered; scales brown, ovate; nut obovate, biconvex, minutely pitted ; tubercle depressed, sessile, minutely pointed in the centre. — Low pine barrens, Florida to South Carolina. June. 30. H. Chapmanii, M. A. Curtis. Culms (12' -20' high) densely tufted, erect, setaceous or filiform, like the short and flat leaves ; corymb solitary, terminal, capitate ; spikes whitish, lanceolate, densely clustered, 1 -flowered ; scales 5, the uppermost fertile ; nut oval, lenticular, smooth and shining ; tubercle short, ses- sile, broadly conical ; stamens 1-2. — Flat pine barrens, Florida to South Caro- lina. July and Aug. 15. CEBATOSCHCENUS, Nees. HORNED-RUSH. Spikes few-flowered. Scales loosely imbricated, the lower ones empty, the upper with staminate or abortive flowers. Perianth of 4-6 bristles, which are dilated and connate at the base. Stamens 3. Style elongated, entire or slightly 2-cleft at the apex. Nut compressed, crowned with the persistent and hispid lower half of the style. — Perennials. Culms jointed, leafy. Spikes scattered in an open corymb, or clustered in a globose head. 1. C. COrniculatUS, Nees. Culms stout (3° -4° high), 3-angled; leaves flat, scabrous on the edges (6"- 10" wide) ; corymbs 3-5, erect, compound ; spikes brown, ovate-lanceolate ; style very long, the lower and persistent portion up- wardly scabrous ; nut narrowly obovate, smooth, the sides concave and minutely dotted ; bristles 5 - 6, rigid, smoothish, half as long as the nut ; tubercle subulate, 3-4 times the length of the nut. (Rhynchospora longirostris, Ell.) — Ponds CYPERACE^E. (SEDGE FAMILY.) 529 and ditches, Florida, and northward. July - Sept. — Leaves 1° - 2° long. Nut and tubercle nearly 1 ' long. 2. C. macrostachyus, Gray, var. patulus. Corymbs very large, decompound, diffuse ; style minutely 2-cleft ; nut broadly obovate ; bristles slen- der, twice as long as the nut ; otherwise like No. 1. — Ponds and ditches, Florida, and northward. August. — Culms 3° -4° high. Terminal corymbs often 1° in diameter. 3. C. capitatUS, n. sp. Culms (2° -3° high) nearly terete, straight, like the long narrow erect and channelled leaves ; spikes densely clustered in 1 - 6 globular heads, the lateral heads long peduncled and somewhat corymbose; scales about 9 (the fourth fertile), whitish; style very long, minutely 2-cleft ; nut obovate, lenticular, obscurely wrinkled, hispid on the margins above, shorter than the 6 slender bristles ; tubercle bristle-awl-shaped, twice as long as the nut. — Pine-barren ponds, Middle and West Florida. June - Aug. — Leaves 2" - 4" wide, as long as the culm. Head composed of 30 or more spikes. Nut and tubercle 3" long. 16. CILEITOSPORA, R. Brown. Spikes few- (1 -8-) flowered. Scales imbricated in two rows; the lower ones empty, the upper bearing perfect flowers. Perianth of 3 - 6 scabrous or plumose bristles. Stamens 3. Style 3-cleft, not dilated at the base, nearly deciduous. Nut triangular, mostly pointed by the persistent base of the style. — Leaves radical, narrow. Spikes in a terminal cluster, subtended by a 1 - 2-leaved in- volucre. 1- C. nigricans, Kunth. Culms tufted, erect, slightly compressed, smooth and rigid, jointed near the summit ; leaves rigid, erect, semi-terete, rough on the margins, shorter than the culms ; sheaths black ; involucre 2-leaved, the lowest longer than the ovoid dark brown head; spikes ovate-lanceolate, compressed, 6 - 8-flowered ; scales ovate, compressed-keeled, the lowest mucronate ; rachis zigzag; bristles 6, unequal, compressed, dilated at the base, hispid upward, longer than the globose-3-angled white and polished nut. (Schcenus nigricans, L.) — Damp soil, near Marianna, West Florida, and salt marshes, near St. Mark, Middle Florida. May. 1J.— Culms 1°- l£° high. Although differing in some particulars, the Florida plant is probably not distinct from that of the eastern hemisphere. 17. PSILOCARYA, Torr. Spikes many-flowered, terete. Scales imbricated in several rows, membrana- ceous, all bearing perfect flowers. Perianth none. Stamens 2. Style 2-cleft. Nut biconvex, transversely wrinkled, crowned with the persistent base of the style. — Culms leafy. Spikes ovate, disposed in spreading lateral and terminal corymbs. 1. P. rhynchosporoides, Torr. Culms nearly terete (£°-2° high); leaves narrowly linear, longer than the culm ; corymbs 2-3, widely spreading, the terminal one mostly compound ; spikes pedicelled ; scales ovate, acute ; nut 45 530 CYPEEACE^E. (SEDGE FAMILY.) orbicular, strongly wrinkled ; tubercle compressed, very short, sessile, but not decurrent on the edges of the nut. (Scirpus nitens, Vahl.) — Shallow pine- barren ponds, Florida to North Carolina. July. © — Culms commonly root- ing at the lower joints. P. SCIRPOIDES, Torr., if within our limits, may be known by its nearly smooth nut, and slender beak-like decurrent tubercle. 18. DICHBOMENA, Eichard. Spikes compressed, few-flowered, aggregated in a terminal head, and sur- rounded by an involucre of several leaves, which are commonly white at the base. Scales imbricated in few rows, most of them bearing abortive flowers. Stamens 3. Style 2-cleft. Nut lenticular, crowned with the broad and persist- ent base of the style. Perianth none. Perennials. Culms jointless, leafy at the base. Scales white, membranaceous. 1. D. leucocephala, Michx. Culms (l°-l£° high) slender, 3-angled ; leaves narrowly linear ; involucre of 4 - 7 narrow leaves ; nut orbicular, wrinkled ; tubercle flat, broadly conical, sessile, but not decurrent. — Damp soil, Florida to North Carolina. Aug. and Sept. — Involucre unchanged in drying. 2. D. latifolia, Baldw. Culms stout (2° -3° high), nearly terete; leaves broadly linear, elongated ; leaves of the involucre 8-9, tapering from the broad (3" -4" wide) base to the slender summit, becoming reddish ; nut round-obovate, faintly wrinkled ; tubercle flat, conical, obtuse, the sides decurrent on the edges of the nut. — Low pine barrens, Florida to North Carolina. May - July. — Heads larger than those of the preceding. 19. CLADIUM, Browne. Spikes ovate, 1 - 2-flowered. Scales loosely imbricated, the lower ones empty. Perianth none. Stamens 2. Style 2 - 3-cleft, the divisions often 2 - 3-cleft, de- ciduous. Nut globose-ovate, the pericarp thickened and corky near the apex. Tubercle none. — Culms tall. Spikes disposed in axillary and terminal cyme- like panicles. 1. C. efifusum, Torr. (SAW-GRASS.) Culms (4°- 8° high) nearly terete; leaves linear, elongated, saw-edged ; panicles numerous, diffuse ; spikes small, 3 - 4 in a cluster, deep brown ; scales about 6, the uppermost bearing a perfect flower, the next below staminiferous, the others empty ; nut ovate, pointed, wrinkled. (Schoenus effusus, Swartz.) — Fresh or brackish marshes along the coast, Florida to North Carolina, and westward. July and Aug. 20. SCLERIA, L. NUT-RUSH. Flowers monoecious. Sterile spike few - many-flowered.^ Scales loosely im- bricated in 2 - 3 rows. Fertile flowers solitary, separate or at the base of the sterile spike. Stamens 1-3. Style 3-cleft. Nut globose or ovate, stony or bony. — Chiefly perennials, with creeping rootstocks, and triangular leafy culms. Spikes clustered, lateral and terminal. CYPERACE^E. (SEDGE FAMILY.) 531 § 1. SCLERIA PROPER. Nut supported by an annular or 3- 6-lobed disk. * Nut smooth : stamens 3. 1. S. triglomerata, Michx. Culms stout, rough, sharply angled (2° -3° high); leaves broadly linear, smooth or hairy ; spikes disposed in 3 - 6 clusters at the summit of the culm, and 1-2 distant lateral ones on long and drooping peduncles ; disk forming a complete narrow ring at the base of the globose- ovate yellowish white nut. — Low grounds, Florida, and northward. June- August. 2. S. oligantha, Ell., Michx.? Culms (l°-2° high) slender, smooth, sharply angled, often glaucous, like the smooth linear leaves ; spikes 3-5, sin- gle, scattered, forming a terminal interrupted compound spike, and 1-2 distant lateral ones, on long drooping peduncles ; bracts leafy ; disk of 9 minute globular lobes at the base of the white and polished ovate nut. — Thickets and margins of fields, Florida to South Carolina. July. * * Nut reticulated: disk of 3 flattened lobes : stamens 2. 3. S. reticularis, Michx. Culms slender (1° - 1£° high), scabrous below ; leaves narrowly linear ; spikes clustered, axillary and terminal, the lateral ones on a short erect peduncle ; nut globose, small, reticulated and pitted ; lobes of the disk appressed to the base of the nut. — Margins of ponds, Florida, and north- ward. Aug. and Sept. 4. S. laxa, Torr. Culms weak, rough on the angles j leaves linear, obtuse ; spikes separate, the axillary ones on a long and drooping peduncle ; nut globose, wrinkled and somewhat hairy, obscurely pitted ; lobes of the disk appressed to the nut. (S. reticularis, Ell.) — Damp pine barrens, Florida, and northward. Aug. - Oct. — Culms 1° - 1£° long. Nut l£" - 2" in diameter. * =* * Nut warty : disk bearing 3-6 globular lobes : stamens 3. 5. S. ciliata, Michx. Culms slender, rigid (l£°- 2° high), smooth below, sparingly fringed on the angles above ; leaves 2, narrowly linear (1" wide), rigid, smooth, or with scattered hairs on the margins ; sheaths pubescent ; clusters ter- minal ; sterile spikes large, many-flowered ; nut globose, pointed, closely beset with unequal warts, these corresponding to the angles of the nut and at the base larger than the rest ; lobes of the disk 3, globular, entire. — Dry pine bar- rens. Florida to South Carolina. June - Aug. — Rhizoma thick and creeping. 6. S. Elliottii. Culms stout (£°-l0 high), densely rough-fringed on the angles throughout ; leaves 3-4, broadly linear (2" -3" wide), closely fringed on the margins and midrib beneath ; sheaths pubescent ; clusters 2, the lateral one remote, on a short erect peduncle ; sterile spike small, few-flowered ; nut globose, deeply wrinkled or pitted, and with slender warty projections at the base ; lobes of the disk 3, globose, 2-lobed. (S. hirtella, Ell, Michx. ? not of Swartz.) — Low pine barrens, Florida to North Carolina. July. 7. S. paucifiora, Muhl. Smoothish or hairy or villous throughout; culms (6'- 12' high) slender; leaves narrowly linear; clusters small, of 1 -few spikes, terminal, and also a remote axillary one on a short erect peduncle ; ster- ile spike few-flowered ; nut globose (small), pointed, closely beset with minute 532 CYPERACE^E. (SEDGE FAMILY.) warts, those at the base elongated ; lobes of the disk 6, distinct, globose. (S. Caroliniana, Willd., the villous form.) Var. glabra. Smooth throughout, or the leaves and bracts scabrous at the summit; culms erect (1° high), rigid, but slender, like the erect leaves ; clusters terminal ; spikes many-flowered ; lobes of the disk 3, each 2-lobcd. This also varies, with longer (2° -2^°) diffuse culms, and with 1-2 distant axillary clus- ters on long (5' -10') drooping peduncles. — Low sandy pine barrens, Florida, and northward ; the varieties chiefly southward. May - Aug. § 2. HYPOPOKUM. Disk none : nut concave and often pitted at the sides of the triangular base. * Clusters of spikes terminal, leafy-bracted. 8. S. Baldwin!!, Torr. Culms rough above (2°- 3° high) ; leaves mostly 2, linear, rigid ; nut large (2" long) dull white, globose-ovate, obscurely angled, longitudinally furrowed, concave at the sides of the abruptly contracted base, slightly pointed. — Pine-barren swamps, Florida and Georgia, near the coast. June and July. 9. S. gracilis, Ell. Culms slender (1° high), smooth, like the filiform leaves ; nut small (1" long), ovate, dull white, furrowed lengthwise, the sides at the base concave and pitted. — Low pine barrens, Florida to South Carolina. June and July, — Plant brownish, tufted. * * Clusters of spikes (small) numerous, scattered near the summit of the culm, form- ing an interrupted compound spike : bracts mostly short. 10. S. filiformis, Swartz. Glaucous; culms slender (l£°-2° high), smooth ; leaves narrowly linear, rough on the margins and keel, ciliate at the throat ; clusters 3-4, erect, few-flowered, the lowest remote, leafy-bracted ; scales lanceolate, rough-pointed; stamens 3; nut obovate, obscurely 3-angled, smooth and glassy, concave at the base, not pitted. — South Florida. Oct. 11. S. verticillata, Muhl. Culms very slender (6' -12' high), smooth, like the narrowly linear or filiform leaves and sheaths; clusters 3-5, erect; scales smooth ; nut very small, globose-3-angled, pointed, rough with raised wavy ridges, not pitted at the base. — Varies with hairy sheaths, more numer- ous (6 - 9) clusters, and reticulated nuts. — Damp soil, Florida, and northward. June and July. 12. S. Michauxii. Culms (6'- 12' high) smooth; leaves linear, and, like the sheaths, hairy ; clusters 4 -6, nodding; scales bristle-awned ; nut globose- 3-angled, very minute, pointed, smooth, not pitted at the base. (S. interrupta, Michx., not of Richard.) — Low pine barrens, Florida to South Carolina. July and Aug. 21. CABEX, L. SEDGE. Flowers monoecious, rarely dioecious, spiked. Sterile and fertile flowers in the same spike (androgynous), or in separate spikes. Scales imbricated in few- many rows. Stamens 2-3. Style 2 - 3-cleft, exserted from a sac (perigynium ) which encloses the ovary and the lenticular biconvex or 3-angled nut. — Peren- CYPERACE^E. (SEDGE FAMILY.) 533 nials, with grass-like leaves. Spikes from the axils of scale-like or leaf-like bracts, simple or compound. § 1. VIGNEA. Stigmas two: nut lenticular, or more or less compressed. A. Spikes bearing loth sterile and fertile flowers. * Spikes with the sterile and fertile flowers variously disposed. 1. C. bromoides, Schk. Spikes 4-6, distinct, oblong-lanceolate, com- pressed ; perigynia lanceolate, erect, finely nerved, ending in a long flat rough- margined 2-cleft beak, longer than the ovate-lanceolate mucronate scale. — Swamps and bogs, Florida, and northward. March and April. — Culms tufted, weak and slender, 1° - 1^° high. Leaves narrowly linear. Spikes occasionally wholly sterile or fertile. Perigynia somewhat 2-ranked. * * Spikes with the upper flowers sterile, the lower fertile. •t- Spikes indefinite, disposed in a close panicle. •*-*• Perigynia sessile. 2. C. decomposita, Muhl. Panicle long, drooping, the upper spike-like branches densely clustered, the lower elongated, distinct, and spreading ; perigy- nia obovate, biconvex, nerved, abruptly short-beaked, about the length of the ovate pointed white-margined scale. — Wet margins of ponds and streams, Florida, and northward. May. — Culms erect, stout, 2° - 3° high. Panicle 4'- 6' long. Bracts of the lower spikes bristle-form. Perigynia dark brown at maturity. 3. C. vulpinoidea, Michx. Panicle spike-like, erect; clusters of spikes 8-12, short, oval, the upper ones densely crowded ; perigynia small, ovate, compressed, short-beaked, 2-cleft at the orifice, faintly nerved at the broad base ; scales yellowish, mucronate. (C. multiflora, Muhl.) — Swamps, South CaroT lina, and northward. May. — Culms l£° - 2° high. Panicle 2' - 3' long, cylin- drical. Bracts of the lower spikes setaceous or leaf-like, often exceeding the panicle. Perigynia yellowish at maturity. •w- +•*• Perigynia short-stalked, truncate at the base. 4. C. crus-COrvi, Shuttleworth. Panicle very large, the lower branches long and distinct, the upper short and crowded ; perigynia plano-convex, ovate, strongly nerved, dilated at the base, tapering into a long and slender rough-edged deeply 2-cleft beak, thrice the length of the ovate mucronate scale. — River- swamps, West Florida, and westward. May. — Culms thick and spongy, sharp- angled, and, like the broad (|'- |' wide) leaves, glaucous. Panicle 4'- 9' long, oblong or spike-like. Perigynia widely spreading, brown at maturity. 5. C. stipata, Muhl. Panicle oblong; the short ovate branches densely clustered ; perigynia ovate-lanceolate, strongly nerved, tapering into a stout rough-edged erect-spreading 2-cleft beak, 2-3 times the length of the scale. — Swamps, Florida to Mississippi, and northward. April and May. — Plant yel- lowish. Culms 1°- 2° high, sharp-angled, thick and spongy. Leaves 4" -9" broad. 45* 534 CYPERACE^:. (SEDGE FAMILY.) •+- H— Spikes 4 — 10, disposed in a simple spike or head, or (in No. 6) the lowest ones compound. 6. C. sparganioides, Muhl. Spikes 6-10, ovoid, the upper ones crowd- ed, the lower scattered and often compound ; perigynia flattened, ovate, acute at the base, narrowly margined, nerveless, spreading, with a short and rough 2-cleft beak, twice as long as the thin ovate scale. — Upper districts of Georgia, and northward. — Culms stout, 2° high. Leaves broadly linear, as long as the culm. Common spike 2' - 4' long. Perigynia yellowish, 7. C. Muhlenbergii, Schkr. Spikes 5-8, ovoid, approximate, or crowd- ed in an oblong head ; perigynia round-ovate, plano-convex, strongly nerved, with a short and broad rough-edged 2-cleft beak, barely longer than the ovate short-pointed scale. — Dry sterile soil, South Carolina, and northward. — Culms 12'- 18' high, rigid, rough above, twice as long as the narrow leaves. Head or spike 1' long. Bracts bristle-form, longer than the spikes. 8. C. cephalopliora, Muhl. Spikes 5-6, small, crowded in a compact ovoid head ; perigynia broadly ovate, few-nerved, short and rough-beaked, as long as the ovate long-pointed scale. — Dry soil, Florida, and northward. — Culms 9-'- 15' high, naked above, rough on the angles, tough and wiry. Leaves nar- row. Head £' long. Bracts bristle-like. 9. C. rosea, Schk. Spikes 4 -6, 8- 10-flowered, the two upper ones ap- proximate, the others scattered , perigynia oblong, plano-convex, rough-beaked, spreading at maturity, twice as long as the broadly ovate obtuse or short-mucronate scale. (C. radiata, Dew., a form with more slender culms, and 3 - 4-flowered spikes.) — Upper districts, Georgia, and northward. — Culms 1° high, smooth, longer than the narrow leaves. Common spike 2' - 3' long. Bract of the lowest spike commonly exceeding the culm. 10. C. retroflexa, Muhl. Spikes 4-5, crowded, or the lower ones dis- tinct, ovoid, the lowest short-bracted ; perigynia ovate-lanceolate, smooth-beaked, 2-cleft, at length widely spreading or reflexed, barely longer than the ovate long- pointed scale. — Open woods, Florida, and northward. — Culms slender, 1° high, rough-angled above. Leaves narrow, shorter than the culm. Common spike about 1' long. * * * Spikes with the lower flowers sterile, the upper fertile. .11. C. stellulata, Good. Spikes 3-5, obovoid, distinct, the uppermost club-shaped at the base ; perigynia ovate, rounded at the base, tapering into a short and rough 2-cleft beak, finely nerved, spreading and finally recurved, rather longer than the ovate pointed scale. (C. scirpoides, Schk.) — Shady river-swamps, Florida, and northward. — Culms 6' -12' high, weak. Leaves narrow and tender. Spikes small. Var. sterilis. Sterile and fertile spikes on separate culms, or some of them either sterile or fertile on the same culm, otherwise like the preceding, and grow- ing in similar places. (C. sterilis, Willd.) Var. conferta. Culms taller (2° high) and stouter ; spikes larger and more crowded; perigynia round-ovate, twice as long as the broadly ovate barely pointed scale. — Pine-barren swamps. CYPERACE^E. (SEDGE FAMILY.) 535 12. C. canescens, L., var. vitilis, Carey. Spikes 5-7, small, scat- tered, roundish, 6 - 10-flowered ; perigynia ovate, plano-convex, short and rough- beaked, spreading and tawny at maturity, rather longer than the ovate acute white scale. (C. sphaerostachya, Dew.) — High mountains of North Carolina, and northward. — Culms weak and slender, 10'- 15' high, longer than the nar- row and tender leaves. 13. C. SCOparia, Schk. Spikes 6-8, approximate, ovate or oblong, many- flowered ; perigynia oblong-lanceolate, narrowly margined, acute at the base, ta- pering into a long 2-cleft rough beak, longer than the ovate-lanceolate pointed scale, turning light brown at maturity. — Swamps, South Carolina, and north- ward. — Culms l°-2° high, rough above, longer than the narrow leaves. Var. lagopodioides. Spikes 10-15, obovoid; perigynia lanceolate, re- maining pale green at maturity, nearly twice as long as the rather obtuse scale. (C. lagopodioides, Schk.) — Mountains of North Carolina, and northward. — Culms commonly taller than the preceding. 14. C. straminea, Schk. Spikes 3-6, distinct, ovoid; perigynia ovate or round-ovate, broadly winged, abruptly narrowed into a short 2-cleft beak, somewhat tawny and spreading at maturity, longer than the ovate -lanceolate scale. Var. festucacea. Spikes 6-8, pale, obovoid or somewhat club-shaped, scattered ; perigynia ovate, less broadly margined, tapering into a more slender beak, erect and pale green at maturity. (C. festucacea, Schk. C. foenea, 7W., Sf-c., a form with more rigid culms, and more crowded and glaucous spikes.) — Swamps, very common. — Culms 1° - 2° high. Leaves narrowly linear, shorter than the culm. 15. C. foenea, Muhl. Spikes 6-10, large (6" -8" long), ovoid, approxi- mate ; perigynia flat, broadly obovate, wing-margined, abruptly contracted into a very short beak, longer than the lanceolate scale; nut oval, stalked. (C. alata, Torr.) — Marshes, Florida to North Carolina. — Culms 2°- 3° high, leafy below the middle. Spikes brownish at maturity. Perigynia 2£" long. B. Terminal spikes sterile: the others fertile or with few sterile flowers at the summit: perigynia beakless. * Scales aumless, black or brown : bracts scarcely exceeding the culm : leaves narrowly linear, glaucous. 16. C. torta, Boott Sterile spike solitary, peduncled ; fertile spikes mostly 3, linear-club-shaped, loosely flowered below, spreading, the lowest peduncled ; perigynia elliptical, tapering and at length spreading or recurved at the apex, nerveless or nearly so, as long as the oblong black scale ; culms smooth (1° high) ; leaves narrowly linear. (C. verrucosa, Schw., not of Ell.) — Mountain swamps, North Carolina, and northward. 17. C. stricta, Good. Sterile spikes 1 - 2 ; fertile spikes 2-4, linear-cylin- drical, sessile or the lowest short-peduncled, erect, dense-flowered; perigynia elliptical, erect, nerveless, commonly shorter than the narrow obtuse reddish- brown scale; culms (2° high) rough-angled; leaves linear. (C. acuta, Ett.t $*c., not of Linnaeus.) — Swamps in the upper districts, and northward. 536 CYPERACE^E. (SEDGE FAMILY.) * * Scales awned, green : fertile spikes on nodding peduncles : bracts long and leaf- like : leaves broadly linear. 18. C. crinita, Lam. Sterile spikes mostly 2, often with fertile flowers intermixed ; fertile spikes 3-4, long-cylindrical, dense-flowered, on long drooping peduncles ; perigynia round-ovate or obovate, somewhat inflated, 2-nerved, ab- ruptly short-pointed, shorter than the long and rough-awned scale ; culms rough- angled above (2° -3° high). — Swamps in the upper districts, and northward. — Spikes l£'-3'long. 19. C. Mitchelliana, M. A. Curtis. " Spikes in threes, peduncled, some- what distant, oblong, slightly nodding ; terminal spike staminate at the base and summit; the lowest peduncle scarcely sheathed; perigynia ovate, acute, gla- brous ; scales oblong, the lowest with a long cusp much exceeding the fruit, the upper about equalling it. — Wet places, Chatham County, North Carolina." Curtis. — Culm slender, 18' high, rough above. Spikes 1' long. § 2. CAREX PROPER. Stigmas 3 : nut 3-angled. A. Spike solitary. * Dioecious. 20. C. Boottiana, Benth. Culms slender, naked, rough, shorter than the linear bright-green radical leaves; spikes (rarely 2) many-flowered, purplish, cylindrical, erect ; fertile spike dense-flowered ; perigynium obovate, obtuse or abruptly short-beaked, ciliate and 2-toothed at the orifice, nerved, pubescent, cili- ate-toothed on the angles, shorter and narrower than the oblong-acute or abruptly pointed purple scale. — North Alabama, Peters, and westward. — Culms 6'- 8' long. Spikes 1 ' - 2' long. * * Monoecious. Spike sterile above, fertile below. 21. C. polytrichoides, Muhl. Spike linear, few-flowered; perigynia lanceolate-oblong, many-nerved, obtuse and entire at the apex, twice as long as the oblong mucronate scale ; bract scale-like or occasionally leafy and exceeding the spike; culms tufted, filiform, weak (6' -12' high), rough above, longer than the very narrow leaves. — Bogs and swamps, Florida, and northward. 22. C. Praseri, Sims. Spike oblong, many-flowered, the fertile portion globose ; perigynia ovoid, inflated, abruptly short-pointed, longer than the oblong obtuse hyaline scale; leaves very wide (!' or more), obtuse, serrulate and wavy on the margins, convolute below, and sheathing the base of the naked smooth culm. — Shady banks of streams on the mountains of North Carolina. — Leaves 6'- 12' long, longer than the culm. 23. C. Steudelii, Kunth. Spike linear (6W-10" long); sterile flowers 20-25; perigynia 1-4, ovoid, smooth, 3-nerved, abruptly contracted into a slender compressed rough-edged beak, longer than the ovate white green-keeled scale ; leaves linear, flat, abruptly pointed, longer than the bristle-like prostrate culms. — Shady banks, Florida, and westward. — Culms 3' -6' long. Plant whitish. * 24. C. Willdenovii, Schk. Sterile flowers 4-8, forming a minute linear spike; perigynia 6 - 9, oblong, with 3 rough angles; lower scales longer than CYPERACE^E. (SEDGE FAMILY.) 537 the spike, often leafy ; otherwise like the last. — Shady woods, North Carolina, and northward. — Plant deep green. B. Spikes two or more. (In No. 25 oftener solitary.) * Terminal spike sterile below (often wholly so in Nos. 26 and 35), fertile above, the others chiejly fertile. •*- Perigynia inflated, contracted into a long and slender leak. 25. C. squarrosa, L. Spikes 1-4, oval, thick (£'-!'), erect, pcduncled; perigynia horizontal, obovate, smooth, 3-nerved, abruptly contracted into a long subulate smooth 2-cleft beak, longer than the lanceolate acute scale. — Swamps and meadows, near the mountains, Georgia, and northward. — Culms 8'- 16' high, shorter than the linear leaves and bracts. 26. C. Stenolepis, Torr. Spikes 4-7, the terminal one small, often wholly sterile or fertile, the others cylindrical, erect, dense-flowered, the upper ones approximate and nearly sessile, the lower scattered, on exserted peduncles ; perigynia horizontal, contracted into a long and slender 2-cleft beak, shorter than the awn-like scales. — Swamps and meadows, upper districts of Georgia to Missis- sippi, and northward. — Culms l°-l£° high, flexuous above, shorter than the broad leaves and bracts. •i- •*- Perigynia beakless. •w- Spikes approximate, ovoid or cylindrical, dense-flowered, sessile, or on short and erect peduncles : bracts short. 27. C. Buxbaumii, Wahl. Spikes 3 -4, oblong, the upper one pedun- cled, the others sessile or nearly so ; perigynia whitish, smooth, elliptical, com- pressed-3-angled, obtuse and emarginate at the apex, commonly shorter than the ovate acute or awn-pointed blackish scale. — Mountains of Georgia, and north- ward.— Culms l°-l£° high, rough above, longer than the narrow glaucous leaves. 28. C. hirsuta, Willd. Spikes 2-4 (mostly 3), sessile or nearly so, ovoid or oblong, many-flowered ; perigynia pubescent or at length smoothish, ovate, compressed-3-angled, strongly nerved, obtuse and emarginate at the apex, about as long as the oblong mucronate white scale. — Damp soil, Florida to Missis- sippi, and northward. — Culms erect, l°-l£° high, rough-angled, and, like the narrow leaves and sheaths, more or less pubescent. 29. C. triceps, Michx. "? Spikes 3-4, ovoid or oblong, sessile, few-flow- ered ; perigynia smooth, round-pear-shaped, obscurely angled, faintly nerved, contracted into a short and entire point, as long as the oblong obtuse or barely pointed white scale. — North Carolina ( Curtis), Tennessee, and northward. — Culms 1° high, very slender. Leaves and sheaths smooth. 30. C. virescens, Muhl. Spikes 2-3, cylindrical, short-pccluncled, dense- ly many-flowered ; perigynia small, pubescent, ovoid, strongly nerved, 3-angled, acute and entire at the apex, as long as the ovate mucronate white scale. — Low grassy meadows, North Carolina, and northward. — Culms l°-2° high, rough. Leaves and sheaths hairy. 538 CTPERACE^E. (SEDGE FAMILY.) •w- •*-<• Spikes remote, linear or cylindrical, rather loosely flowered, on long and mostly drooping peduncles : bracts long and leaf-like: perigynia smooth, somewhat inflated, few and faintly nerved. 31. C. OXylepis, Torr. & Hook. Spikes 4-5, linear, all on long bristle- like partly included nodding peduncles, distant ; perigynia oblong, acute-angled, emarginate at the pointed apex, longer than the lanceolate rough-pointed white scale. — Low ground, Florida, and westward. — Culms slender, l£°- 2° high, the lower part, like the leaves and sheaths, pubescent. 32. C. sestivalis, M. A. Curtis. Spikes 3-5, linear or filiform, loosely flowered, erect, the lowest on nearly exserted peduncles, the upper almost sessile ; perigynia oblong, obtuse-angled, obtuse and entire at the apex, twice as long as the ovate obtuse or emarginate scale. — Mountains of North Carolina, and north- ward. — Culms 1° - 1£° high, smooth. Lowest sheaths pubescent. 33. C. gracillima, Schw. Spikes 3-5, distant, linear, on slender and nodding peduncles ; perigynia oblong, obtuse, entire and oblique at the orifice, about twice as long as the oblong obtuse short-awned scale. — Wet meadows, North Carolina, and northward. — Culm l°-2° high. Spikes !'-!£' long, thicker than those of the preceding. Sheaths smooth. 34. C. Davisii, Schw. & Torr. Spikes 3-4, remote, oblong-cylindrical, all on slender nearly exserted peduncles, nodding ; perigynia ovate-oblong, in- flated, round-angled, emarginate at the pointed apex, longer than the oblong awned scale. — Mountains of Georgia, and northward. — Culms l|°-2° high. Leaves and sheaths more or less pubescent. Spikes rather dense-flowered. 35. C. miliacea, Muhl. Spikes 4, linear, all on exserted nodding peduncles, the terminal one often wholly sterile ; perigynia yellowish, ovate, compressed- 3-angled, nerveless or nearly so, tapering into a spreading slightly emarginate point, as long as the oblong mucronate scale. — Mountains of Georgia, and northward. — Culms weak, l°-l£° high. Sheaths smooth. Lower perigynia scattered. * * Terminal spikes sterile, the others fertile, or with few sterile flowers at the summit. •*- Perigynia small (1" -3" long), slightly or not at all inflated, obtuse or short-beaked. •*-*• Fertile spikes sessile, ovoid or oblong, dense-flowered; perigynia pubescent, short- beaked or pointed. 36. C. filiformis, L. Sterile spikes 2 or more, slender, long-peduncled ; fertile spikes 1-3, distant, oblong ; perigynia ovoid, obtuse, 3-angled, densely pubescent, obscurely nerved, abruptly contracted into a short emarginate point, longer than the oblong mucronate brown scale. — Bogs and swamps, South Carolina, and northward. — Culms 2° high, smooth. Leaves filiform, elongated. Bracts leafy, many times longer than the spikes. 37. C. vestita, Willd. Sterile spikes 1 - 2, thick, short-peduncled ; fertile spikes 1-2, approximate, ovoid or oblong ; perigynia oblong-ovate, 3-angled, densely pubescent, strongly nerved, tapering into a distinct beak, with a white membranaceous 2-cleft orifice, longer than the oblong mucronate brown scale. — Sandy swamps in the upper districts, and northward. — Culms rigid, acute- CYPERACE^!. (SEDGE FAMILY.) 539 angled, l°-2 high. Leaves short, linear. Bracts short, the upper one shorter than the spikes. 38. C. dasycarpa, Muhl. Sterile spike single, short-peduncled ; fertile spikes 2-3, approximate, oblong ; pcrigynia woolly, oblong, 3-angled, striate, scarcely beaked, with the orifice entire, twice the length of the ovate barely pointed pale scale ; nut stalked. — Shady woods, Florida to South Carolina. — Culms 6'- 12' high, rough-angled. Leaves pubescent. 39. C. tenax, Chapm. Culms (10'- 15' high) and rigid channelled leaves rough, but not pubescent ; spikes and ovate beaked and less pubescent perigynia larger ; nut sessile ; otherwise like the preceding, and possibly a stouter form of it. — Dry sand-ridges, Middle Florida. 40. C- Pennsylvanica, Lam. Sterile spike single ; fertile spikes mostly 2, ovoid, approximate, 4 - 6-flowered, the lower one with a short or scale-like colored bract ; perigynia nearly globose, pubescent, abruptly contracted into a short 2-cleft beak, longer than the oblong-ovate dark brown scale. (C. margi- nata, Muhl.) — Var. MUHLENBERGII, Torr. fr Gray. Fertile spikes mostly 3, 6 - 10-flowered, distinct, the lowest leafy-bracted ; perigynia ovate, tapering into a short beak; scales light brown. (C. varia, Muhl.) — Dry woods, in the upper districts, Georgia, and northward. — Culms 4' -8' high, longer than the leaves. 41. C. lucorum, Willd. Sterile spike single; fertile spikes 3 - 4, ovoid, few-flowered, approximate, or the lowest remote and usually leafy-bracted ; peri- gynia ovoid, more or less pubescent, acute at the base, tapering into a slender rough 2-cleft beak, about the length of the ovate-oblong acute' scale ; leaves narrowly linear. — Var. NIGRO-MARGINATA. ( C. nigro-marginata, Sch w. ) Peri- gynia 3-angled; scales with brown or black sides; culms l'-2' high. — Var. FLORIDANA. (C. Floridana, Schw.) Perigynia compressed-3-angled or lentic- ular (but the stigmas 3); scales white or margined with black; culms 2' -12' long, prostrate or erect. — Var. EMMONSII. (C. Emmonsii, Dew.) Perigynia 3-angled, acuminate at each end, nearly smooth; scales white; culms bristle- form, prostrate. — Dry sandy soil, Florida to North Carolina. •w- •*•+ Fertile spikes linear or cylindrical, remote, all, or the lowest, on distinct and commonly elongated peduncles. — Perigynia striated with numerous fine nerves : sterile spike always single. t Perigynia smooth, nearly terete, obtuse or barely pointed : bracts long and leaf-like : spikes erect. 42. C. grisea, Wahl. Sterile spike short, sessile ; fertile spikes 3-4, lin- ear-oblong, rather loosely-flowered (4"- 8" long), the upper one nearly sessile; perigynia oblong-ovoid, pointless, somewhat inflated, twice as long as the white ovate rough-awned scale. — Varies (C. flaccosperma, Dew.), with longer (!' or more) cylindrical spikes, and nearly awnless scales. — Low ground, Florida to Mississippi, and northward. — Culms smooth, 1°- 1|° high. Leaves and bracts broadly linear. Upper spikes commonly approximate, the lowest very remote, on a long erect peduncle. Perigynia often indented near the apex. 540 CYPERACE.E. (SEDGE FAMILY.) Var. angUStifolia, Boott. Sterile spike long-pedunclecl ; fertile spikes mostly 3, linear, few-flowered, very remote, the lowest at the base of the culm ; perigynia 4-8, lanceolate-oblong, 3-angled, alternate and 2-ranked, pointless and entire at the apex, longer than the ovate rough-awned scale. — Dry open woods, Florida. — Culms filiform, 8' -12' high. Leaves and bracts linear. Lowest sheaths dark-brown. 43. C. granularis, Muhl. Sterile spike short, sessile; fertile spikes 3-4, linear-cylindrical, densely many-flowered, yellowish, the upper one nearly sessile, the lowest distant and long-ped uncled ; perygynia small, globose-ovate, con- tracted into a minute mostly recurved entire or emarginate point, longer than the ovate obtuse or barely pointed scale. — Meadows and banks of streams, Florida, and northward. — Culms 6' -12' high. Leaves and bracts broadly linear, 3-nerved. 44. C. conoidea, Schk. Sterile spike long-peduncled ; fertile spikes 2 - 3, oblong or cylindrical, densely many-flowered, remote ; perigynia small, oblong- ovoid, obtuse, striate with impressed nerves, smooth and shining, equalling or the lower shorter than the ovate pointed or short-awned scale. — Mountains of North Carolina, and northward. — Culms 6' -12' high. Leaves and bracts lin- ear. Spikes £' - 1' long, the lowest long-peduncled. 45. C. tetanica, Schk. Sterile spike short-peduncled ; fertile spikes 1-3, linear-cylindrical, remote, loosely flowered ; perigynia obovate, narrowed at the base, contracted into a short bent point, longer than the ovate acute or short- awned scale. — Mountains of North Carolina, and northward. — Culms 1° high. Leaves and bracts narrowly linear. t t Perigynia smooth (except No. 51), 3-angled, with a recurved or spreading point : lowest peduncles elongated and often recurved. Bracts leafy : scales white. 46. C. laxiflora, Lam. Sterile spike peduncled, exceeding the bracts; fertile spikes 2-3, remote, linear, loosely 8-12-flowered ; perigynia oblong- obovate, tapering into a smooth spreading entire beak, longer than the oblong mucronate scale. (C. anceps, Willd. C. plantaginea, Ell. C. ignota, Dew.) — Plant more or less glaucous. Culm 10' - 15' high, usually compressed-3-angled above. Leaves linear or lanceolate, tender. Sheaths smooth. Var. striatula. Culms, leaves, and especially the sheaths, rough ; sterile spike sessile or nearly so, shorter than the bracts ; fertile spikes 3-5, rather closely 12-20-flowered, the 2-3 upper ones commonly approximate; perigynia obovate, abruptly short and bent-pointed. (C. striatula, Michx. C. blanda, Dew. C. conoidea and C. tetanica, Ell.) — Dry open woods and margins of fields, Florida, and northward ; common, and varying greatly in the form of the perigynia and width of the leaves. 47. C. styloflexa, Buckley. Sterile spike short-peduncled ; fertile spikes 3, oblong, few-flowered, very remote, the lowest on a long and mostly nodding peduncle ; perjgynia lanceolate or oblong, narrowed at the base, tapering into a spreading rough-angled mostly emarginate beak, longer than the oblong mucro- nate scale. — Shady swamps, Middle Florida, to the mountains of North Caro- CYPERACE^E. (SEDGE FAMILY.) 541 lina. — Culms filiform, 1°- l£° high, and, like the sheaths of the linear leaves, roughened downward. 48. C. digitalis, Willd. Sterile spike small, sessile, or nearly so; fertile spikes commonly 3, remote, very slender, loosely 5-8-flowered, all on long bristle-like peduncles, the lowest near the base of the culm and generally re- clining ; perigynia alternate, ovoid, with a short and spreading entire point, twice the length of the ovate acute green-keeled scale; leaves linear, green; culms 6'- 12' high. — Var. GLAUCA. Leaves and bracts wider (4" -6"), glau- cous, 3-nerved ; fertile spikes thicker, the two upper ones approximate and short- peduncled; perigynia larger, thrice the length of the barely-pointed scale.— Low grounds, Florida, and northward. Bracts sheathing, leafless or nearly so : scales brown or black. 49. C. plantaginea, Lam. Fertile spikes 3-4, remote, the lowest at the base of the culm, linear, erect, loosely few-flowered, the peduncles mostly in- cluded in the brown leafless sheaths ; perigynia oblong-obovate, short-pointed, longer than the ovate acute black scale. — Mountains of North Carolina, and northward. — Leaves all radical, 1' or more wide, about as long as the slender culm. 50. C. Caroliniana, Buckley. Fertile spikes 3, loosely 3 - 6-flowered, remote, all on long bristle-like drooping peduncles, which are partly included in the sheaths of the short bracts ; the lowest near the base of the culm ; peri- gynia ovoid, short-pointed, rather longer than the oblong mucronate dark-brown scale. — Table Mountain, South Carolina, Buckley. — Radical leaves 4'' -6" wide, 3-nerved, exceeding the tufted culms. 51. C. Baltzellii, Chapm. Sterile spike rigid, often with a few fertile flowers at the base; fertile spikes 3-6, linear-cylindrical, closely many-flowered, one (rarely two) on an erect peduncle which is included in a leafless sheath at the base of the sterile spike, the others on long recurved or spreading radical peduncles, commonly sterile at the summit ; perigynia obovate-oblong, pubescent, abruptly short-pointed, as long as the obovate obtuse mucronate reddish-brown scale. — Dry sandy soil, Middle Florida. — Leaves all radical, 2ff - 4'r wide, glaucous, very rough above, longer than the culm. = = Perigynia with few and scattered nerves, commonly a little inflated, straight- beaked or pointed: spikes all, or the lowest, on long and mostly nodding peduncles : bracts leafy. t Spikes linear or filiform, loosely flowered : perigynia lanceolate or obkng. 52. C. venusta, Dew. Fertile spikes 3-5, linear (!'-!£' long), remote, or the two upper ones approximate and erect ; perigynia oblong, acute at each end, rough-hairy, notched at the orifice, twice as long as the oblong obtuse scale. —Low banks of streams, Florida to North Carolina. — Culms 2° -3° high. Sheaths of the linear leaves very rough. 53. C. debilis, Michx. Fertile spikes 3-5, remote, filiform, drooping ; perigynia alternate, lanceolate, smooth, acute at the base, tapering into a 2 -cleft beak, twice as long as the oblong obtuse one-nerved scale ; sheaths smooth. — 46 542 CYPERACE^E. (SEDGE FAMILY.) Swamps and low grounds, Florida to Mississippi, and northward. — Culms very slender, l°-2° high. 54. C. juncea, Willd. "Spikes 2-4, slender, erect, brownish purple, the sterile one filiform, the fertile loosely-flowered, somewhat remote, the lowest on an exserted peduncle; perigynia 3-angled, spindle-shaped, rough at the apex, with the orifice entire ; scales ovate, obtuse, and longer than the perigynia, or lanceolate, mucronate, and about equalling them." Boott. (C. miser, Buckley.) — Summit of Roan Mountain, North Carolina, Buckley. — Leaves somewhat bristle-form, shorter than the culm. 1 1 Spikes cylindrical or oblong, densely many-flowered: perigynia ovate or roundish. . 55. C. scabrata, Schw. Sterile spike short, single; fertile spikes 4 -5, rather distant, on erect exserted peduncles ; perigynia ovate, rough, spreading, with few rather prominent nerves, tapering into a 2-cleft beak, longer than the oblong acute brownish scale. — Shady swamps, North Carolina, and northward. — Culms (1°-1£° high) and broadly linear thin leaves very rough. Bracts leaf-like, destitute of sheaths. 56. C. flacca, Schreb. Sterile spikes 1-2, long a.nd rigid; fertile* spikes 2-3, cylindrical, all on drooping peduncles, commonly sterile at the summit ; perigynia yellowish, compressed-3-angled, round-elliptical, slightly roughened, emarginate or entire at the orifice, longer than the oblong obtuse or pointed black scale. — Marshes, Alabama to North Carolina (Curtis), and northward. — Culms l°-2° high, rough-angled, longer than the rigid glaucous leaves. 57. C. glaucescens, Ell. Sterile spike single, long-peduncled; fertile spikes 4 - 10, cylindrical (!' -2' long), all on long and drooping peduncles, mostly sterile at the summit ; lowest bract exceeding the culm, the others shorter and bristle-like ; perigynia glaucous, ovate, compressed-3-angled, nerveless, except at the angles, narrowed into an emarginate point, longer than the brown rough- awned scale. — Pine-barren ponds, Florida to North Carolina. — Culms 2° -4° high, rough-angled above. Leaves glaucous, as long as the culms, bristle-like at the summit. 58. C. verrilCOSa, Ell. Sterile spikes 1-3, sessile or short-peduncled, often with fertile flowers variously intermixed; fertile spikes 4 -10, cylindrical or oblong, the upper ones sessile and erect, the lower long-peduncled and droop- ing ; perigynia glaucous, globose-obovate, 3-angled, strongly nerved, abruptly contracted into a short and entire point, about as long as the brown rough- awned scale. — Margins of ponds and rivers, Florida to North Carolina. — Culms, leaves, and bracts as in the preceding. 59. C. Cherokeensis, Schk. Sterile spikes 2-4, slender; fertile spikes 5-15, often 2-3 from the same sheath, oblong or cylindrical, sterile at the sum- mit, all on long and nodding peduncles ; perigynia whitish, oblong, compressed- 3-angled, short-beaked, with the orifice membranaceous and obliquely 2-cleft, longer than the oblong acute scale ; stigmas elongated. — Banks of the Apala- chicola River, Florida, to the mountains of Georgia, and westward. — Plant whitish. Culms l°-2° high, smooth, like the linear leaves. CYPERACEJZ. (SEDGE FAMILY.) 543 •*- •*- Perigynia large (3"- 6" long), and commonhj much inflated (except Nos. 60 and 61), conspicuously nerved, tapering into a conical or long and subulate 2-cleft beak. •*-*• Sterile spike single: styles persistent, contorted: perigynia smooth: spikes many- flowei-ed (except No. 66). 60. C. comosa, Boott. Fertile spikes 4, cylindrical, approximate, on cx- serted nodding peduncles (!£' -2£' long) ; perigynia (2" long) oblong, spreading or reflexed, tapering into a long subulate deeply 2-cleft beak, with bristly, spread- ing teeth, longer than the awned scale. (C. furcata, EU.) — Swamps, Georgia, and northward. — Culms stout, 2° - 3° high, rough-angled above. Leaves broadly linear, and, like the bracts, exceeding the culm. 61. C. hystricina, Muhl. Fertile spikes 3, oblong or cylindrical, on nod- ding peduncles ; perigynia oblong-ovate, many-nerved, spreading, tapering into a minutely 2-cleft beak, twice as long as the oblong awned scale ; nut obovate, smooth. — Swamps, Georgia, and northward. — Culms 1°-1|° high, rough above, shorter than the leaves and bracts. Spikes 1'- l£' long. 62. C. tentaculata, Muhl. Sterile spike nearly sessile ; fertile spikes I - 3, sessile, approximate, or the lowest remote and short-peduncled, ovate or cylin- drical-oblong; perigynia ovate, spreading, few-nerved, the long subulate beak cleft on the inner side, and minutely 2-toothed, twice as long as the lanceolate awned scale ; nut ovoid, roughish. — Meadows and low grounds, Florida, and northward. — Culms 1°- 1 j° high. Leaves and bracts elongated. 63. C. gigantea, Rudge. Fertile spikes 3 -4, oblong or cylindrical; the upper approximate and nearly sessile, the lowest distant and short-peduncled, erect; perigynia (6" -7" long) widely spreading, strongly many-nerved, taper- ing from an ovate and obtuse base into a long subulate rough 2-cleft beak, with hispid teeth, twice as long as the oblong awn-pointed scale ; nut depressed, 3- angled. — Pine-barren ponds, Florida to South Carolina, and westward. — Culms 2° high, smooth, shorter than the broad linear leaves and bracts. 64. C. lupulina, Muhl. Fertile spikes 3 -4, approximate, sessile, or the lowest short-peduncled, erect, oblong, thick (!' in diameter); perigynia (6'' -7" long) erect-spreading, tapering from the ovoid acutish base into a subulate smooth or slightly roughened beak, with smooth and spreading teeth, twice as long as the oblong awn-pointed scale ; nut rhombic-oblong. — Deep river-swamps, Flori- da, and northward. — Culms and leaves as in the preceding. 65. C. Halei, Carey. Sterile spike slender, long-peduncled ; fertile spikes 2-3, remote, ovoid or oblong (!' in diameter), erect, the lowest commonly on a partly exserted peduncle, the others nearly sessile ; perigynia large (6" long), tapering from a greatly inflated and rounded base into a smooth and slender 2- cleft beak, with smooth and spreading teeth, more than twice as long as the ob- long acuminate scale ; nut rhomboid. — Banks of the Apalachicola River, Florida, and westward. — Culms 1° high, smooth and slender, as long as the narrow smooth leaves. Spikes whitish, !'-!£' long. 66. C. SUbulata, Michx. Sterile spike small ; fertile spikes 3-4, remote, few-flowered, the lowest on a partly jexserted peduncle, erect ; perigynia 4-6, 544 CYPERACEJE. (SEDGE FAMILY.) subulate, smooth, reflexed, the rigid teeth reflexed and appressed to the slender beak, 4 times as long as the awn-pointed scale. — Deep swamps, Fayetteville, North Carolina (Curtis), and northward. — Culms smooth, filiform, l°~l£° high, longer than the linear leaves. •«-»• •»-*• Sterile spike single: style deciduous, straight or nearly so: fertile spikes few- 67. C. folliculata, L. Fertile spikes 3-4, ovoid, remote, 8-10-flowered, on erect peduncles, sterile at the summit ; perigynia (6" long) horizontal, lance- olate, tapering into a smooth beak, with erect hispid teeth, one third longer than the lanceolate rough-pointed scale. — Wet margins of streams, Florida, and northward. — Culms smooth, 2° high, commonly exceeding the linear and flat leaves. , 68. C. turgescens, Torr. Fertile spikes 2, near or remote, on short in- cluded peduncles, ovoid, 8-12-flowered; perigynia erect-spreading (4'' long), lance-ovate, strongly nerved, tapering into a smooth 2-cleft beak, with hispid erect teeth, twice as long as the ovate obtuse scale. — Pine-barren swamps, Florida to North Carolina. — Culms smooth, 2° -3° high, longer than the narrow rigid and channelled leaves. 69. C. Elliottii, Schw. & Torr. Fertile spikes mostly 3, approximate and nearly sessile, or the lowest remote and long-peduncled, globose, 8- 16-flowered, sterile at the apex ; perigynia small (3" long), oblong-ovate, compressed, spread- ing, few-nerved, tapering into a short smooth beak, with erect hispid teeth, twice as long as the ovate obtuse scale. (C. Castanea, Ell.) — Boggy margins of pine- barren streams, Florida to North Carolina. — Culms l°-2° high, rough above, longer than the narrowly linear leaves. 70. C. intumescens, Rudge. Fertile spikes 2-4, approximate, the up- per sessile, the lower peduncled, globose, 10-15 flowered; perigynia large (6" long), spreading, tapering from a rounded and greatly inflated base into a short and smooth 2-cleft beak with hispid teeth, twice as long as the ovate acuminate scale. (C. folliculata, Ell.) — Shady swamps, Florida, and northward. — Culms 1°- lj° high, rough above, shorter than the broadly linear deep-green leaves and bracts. **•«-«• -M- Sterile spikes 2 or more : fertile spikes many-flowered. — • Perigynia pubescent. 71. C. trichocarpa, Muhl. Sterile spikes about three, linear, long-pedun- cled ; fertile spikes 2, cylindrical, on short and mostly included peduncles ; peri- gynia thin, rough-hairy, tapering from a rounded ovate base into a rather slender rough beak, with long and spiny teeth, longer than the oblong acute awnless scale. — Deep marshes, Georgia, and northward. — Culms 2° - 3° high, rough above. Leaves linear, elongated. 72. C. striata, Michx. Sterile spikes 2 - 4, long-peduncled ; fertile spikes 1-4 (mostly 2), remote, sessile, or the lowest long-peduncled,' oblong or cylin- drical ; perigynia thick, ovate, pubescent above the middle, contracted into a short and whitish 2-cleft or emarginate beak, longer than the oblong acute scale. (GRASS FAMILY.) 545 (C. bullata, Ell.) — Pine-barren swamps, Florida, and northward. — Culms l£° - 2° high. Leaves narrowly linear, keeled, rather rigid. Pcrigynia occa- sionally nearly smooth. = = Periyyma smooth. 73. C. riparia, Curtis. Sterile spikes 4-6, dark brown; fertile spikes 2- 3, oblong-cylindrical, sterile at the summit (1 £'- 2' long), on erect peduncles ; perigynia ovate-oblong, obscurely nerved, tapering -into a smooth 2-cleft beak, longer than the oblong brown awned scale. — Deep marshes, Florida to South Carolina. — Culms stout, 2° -3° high, rough above, shorter than the broad (£') smoothish and glaucous leaves and bracts. 74. C. bullata, Schk. Sterile spikes 2-3, long-peduncled ; fertile spikes 1-2, oblong or oval (!' long), sessile, or on very short exserted peduncles ; peri- gynia globose-ovate, much inflated, strongly nerved, smooth and shining, slender- beaked, longer than the oblong acute scale. — Swamps, South Carolina, and northward. — Culms 1° - 1 J° high, shorter than the linear leaves and bracts. ORDER 160. GRAMINE^E. (GRASS FAMILY.) Chiefly herbs. Stem (culm) mostly hollow and with closed joints. Leaves alternate, 2-ranked, narrow and entire. Sheaths open or split on one side, and usually prolonged into a membranaceous or fringed appendage (ligula) at the base of the blade. Flowers in spiked or panicled spikelets, consisting of 2-ranked imbricated bracts or scales; of which the exterior or lower ones, subtending one or more flowers, are called glumes, and the two inner ones, enclosing the 1-celled 1-ovuled ovary, and 1-11 (commonly 3) hypogynous stamens, are called palece. Perianth none, or composed of 1 - 3 minute hypogynous scales (squamu- Ice). Anthers versatile, 2-celled. Styles 2-3, with hairy or plumose stigmas. Fruit a caryopsis (grain). Embryo placed on the outside and near the base of mealy albumen. — Koot fibrous. Synopsis. TKEBE I. OR YZE/E. — Spikelets 1-flowered, mostly imperfect. Glumes none. Pale«2. Stamens 1-11. 1. LEERSIA. Flowers perfect, compressed, panicled. Palese unequal, ciliate. 2. ZIZANIA. Flowers monoecious ; the pistillate and staminate ones in the same panicle. 69. LUZIOLA. Flowers monoecious ; the pistillate and staminate ones in separate panicles. 3. HYDROCHLOA. Flowers monoecious ; the pistillate and staminate ones in separate spikes. 60. MONANTHOCHLOE. Flowers dioecious, in terminal spikes. TRIBE II. A GROSTIDEJE. —Spikelets 1-flowered, or with the pedicel of a second flower above. Glumes 2. Paleae mostly 2, the lower one often awned. Stamens 1-3. Spikelets in open or closely spiked panicles. * Glumes united at the base, strongly compressed-keeled. 4. ALOPECURUS. Lower palea awned on the back, the upper wanting. Flowers spiked. 46* 546 GRAMINE.E. (GRASS FAMILY.) * * Glumes distinct, concave or keeled. Paleae membranaccous. Grain free. Spikelets in open or contracted panicles. 5. SPOROBOLUS. Flowera awnless. Seed loose in the globose or oboyoid pericarp. 6. VILFA. Flowers awnless. Seed adhering to the closely investing pericarp. 7. AGROSTIS. Paleae shorter than the nearly equal glumes, the lower awned on the back, the upper sometimes wanting. 8. POLYPOGON. Paleae much shorter than the long-awned glumes, the lower one truncated and toothed. Stamens 3. Panicle spike-like. 9. CINNA. Paleae rather longer than the acute glumes, the lower one awned under the apex. Stamen 1. Panicle loose. 10. MUHLENBERGIA. Lower glume smaller than the upper one. Paleae bearded at the base, the lower one mucronate or awn-pointed. Stamens 3- 11. BRACIIYELYTRUM. Lower glume obsolete. Lower palea long-awned. A pedicel of a second flower at the back of the upper palese. Stamens 2. 12. CALAMAGROSTIS. Palese surrounded with a tuft of long hairs, the lower awned on the back. * # * PaJeae raised on a hairy stalk ; the lower one awned, indurated, and involute, closely investing the grain. 13. STIPA. Lower palea with a single contorted awn jointed with its apex. Panicle short. 14. STREPTACHNE. Lower palea with a single straight or curved awn continuous with its apex. Panicle elongated. 15. ARISTIDA. Lower palea triple-awned. Panicle elongated. TRIBE in. CHLORIDE^. — Spikelets 2 -several-flowered (in No. 16 one-flowered), in 1-sided spikes. Rachis jointless. Upper flowers imperfect. Glumes and paleae 2. Spikes racemed or digitate, rarely single. * Spikelets strictly 1-flowered. (See Paspalum.) 16. SPARTINA. Spikelets flat, imbricated in alternate spikes. # * Spikelets 2 -• 3-flowered, only the lowest flower perfect. 17. GYMNOPOGON. Spikelets linear, scattered. Lower palea and rudiment awned. Spikes racemed. 18. EUSTACHYS. Spikelets roundish, crowded. Lower palea mucronate. Spikes digitate. 19. CYNOBON. Lower palea awnless. Culms creeping. Spikes digitate. * * * Spikelets 4 -- 5-flowered, one of the middle ones only perfect. 20. CTENICM. Lower palea stout-awned on the back. Spike solitary. * * * * Spikelets mostly several-flowered, the lower flowers perfect. 21. DACTYLOCTENIUM. Spikes digitate. Upper glume awned. Palese pointed, 22. ELEUSINE. Spikes digitate. Glumes and paleae awnless. 23. LEPTOCHLOA. Spikes racemed, long and slender. Glumes awnless. TRIBE IV. FESTITC ACEL33. — Spikelets panicled, few - many -flowered ; the upper and (in No. 36 and 37) the lower flowers also imperfect. Glumes 2. Palese 2, membranaceous or rarely indurated, awnless, or the lower one with a straight awn at or near the apex. Stamens 1-3. * Grain smooth, free from the paleae. Lower flowers perfect. +- Lower palea 3 - 5-toothed or awned. 24. TRICUSPIS. Spikelets 5-7-flowered. Lower palea slightly 2-cleft, the 3 hairy nerves percurrent. 25. TRIPLASIS. Spikelets 3-flowered, the lower palea deeply 2-cleft, and with a plumose awn between the teeth. GRAMINE^E. (GRASS FAMILY.) 547 •«- •>- Lower palea entire, awnless or (in No. 33) awn-pointed, •w- Glumes unlike, the lower one linear, the upper obovate. 26. EATONIA. Spikelets 1-5-flowercd. Culms slender, tufted. •H- ++ Glumes alike. Lower palea rounded on the back, not keeled. 27. MELICA. Spikelets 3 - 5-flowered. Lower palea many-nerved. 28. GLYCERIA. Spikelets 5 - many -flowered. Lower palea strongly 7-nerved. 29. ARUNDINARIA. Spikelets loosely many-flowered. Culms woody. 30. liitlZOPYRUM. Spikelets dioecious. Lower palea rigid. •H- -H- -H> Glumes alike. Lower palea keeled. 31. POA. Paleae falling away together, the lower one 6-nerved, and with cobwebby hairs at the base. Spikelets 3 - 6-flowered. 32. ERAGROSTIS. Lower palea falling before the upper one, 3-nerved, not hairy. 33. DACTYLIS. Lower palea awn-pointed. Panicle contracted, composed of 1-sided clusters. * * Grain adherent to the upper palea, downy at the apex. 34. FESTUCA. Lower palea entire, acute or awn-pointed. 35. BROMUS. Lower palea 2-cleft, awned between the teeth. * * * Grain free, smooth. Lowest flowers of the spikelet imperfect. 36. UNIOLA. Spikelets broad and flat, many-flowered. Paleae coriaceous. 37. PHRAGMITES. Spikelets 3 -6-flowered, silky bearded on the rachis. Paleee thin. TRIBE V. HORDE A C E ^E . — Spikelets 2 - several-flowered, sessile, on opposite sides of the jointed rachis, spiked. Glumes 1-2, rarely wanting. Paleae 2. 38. ELYMUS. Spikelets 2 - 4 at each joint of the rachis. Glumes 2, placed side by side before the spikelets. 39. GYMNOSTICHUM. Spikelets 2 - 3 at each joint of the rachis. Glumes none. 40. LOLIUM. Spikelet solitary at each joint of the rachis. Glume 1. TRIBE VI. AVENACEJE. — Spikelets panicled, 2 - several-flowered, the terminal flow- ers mostly imperfect. Rachis or base of the flowers often bearded. Lower palea with a twisted, bent, or straight awn on the back, or below the apex. 41. AIRA. Spikelets 2-flowered. Lower palea thin, rounded on the back, awned below the middle. 42. TRISETUM. Spikelets 2 - several-flowered. Lower palea thin, compressed-keeled, bear- ing a bent awn below the 2-cleft apex. 43. DANTIIONIA. Spikelets 2 - several-flowered. Lower palea rigid, many-nerved, bearing a flattened and twisted awn at the 2-cleft apex. 44. ARRIIENATHERUM. Spikelets 2-flowered, the lower flower staminate, and bearing a long bent awn below the middle. TRIBE VII. PII A L. ARIDE.3E. — Spikelets in spike-like panicles, 3-flowered, the upper or middle flower perfect, the two lateral ones imperfect or mere rudiments. Glumes 2. Palese 2, indurated in fruit. 45. ANTHOXANTHUM. Lateral flowers neutral, each of one awned palea. Perfect flower diandrous. 46. PUALARIS. Lateral flowers rudimentary. Perfect flower triandrous. TRIBE VIII. PANICE^E. — Spikelets 2-flowered. Glumes 2, or the lower wanting. Lower flower imperfect, either staminate or neutral, with the lower palea membrana- ceous and similar to the upper glume, the upper one mostly wanting. Palese of the perfect flower coriaceous. Grain mostly grooved or flattened on the outside. Flowers in spikes or panicles. * Lower glume and upper palea of the sterile flower wanting (the spikelet appearing like a single flower, with 2 glumes and 2 paleae). 47. PASPALUM. Spikelets alike, plano-convex, in 1-sided spikes. 548 GRAMINE^E. (GRASS FAMILY.) 48. A|fPHICARPTJM. Spikelets of two kinds ; one disposed in a terminal panicle, perfect but seldom fruiting ; the other fruitful, on long solitary radical peduncles. * * Glumes 2, the lower one often minute, rarely wanting. 49. PANICUM. Spikelets single, without a bristly or spiny involucre. 50. SETARIA. Spikelets crowded in spike-like panicles, subtended by a bristle-like involucre. 61. CENCHRUS. Spikelets single, or few in a cluster, enclosed in an indurated and spiny in- volucre. Spikelets spiked. 52. STENOTAPHRUM. Spikes and spikelets mostly as in Rottboellia, but the flowers as in Panicum. TRIBE IX. ROTTBOELiIjIACE^E. — Spikelets 1 - 2-flowered, by pairs, imbedded in an excavation of the thick and jointed rachis, one stalked and imperfect, the other sessile and perfect ; or the upper spikelets all staminate and the lower pistillate. Lower glume coriaceous or cartilaginous. Palese awnless. 53. ROTTBCELLIA. Spikelets 2 on each joint, one stalked and sterile, the other sessile and perfect. 54. MANISURIS. Spikelets 2 on each joint, the one at the top of the joint sterile, the other at the base globose and fertile. 55. TRIPSACUM. Tipper spikelets by pairs, all staminate ; the lower ones single, and pis- tillate. TRIBE X. AlVDROPOGONE^. — Spikelets 2 - 3 on each joint of the slender hairy or plumose rachis. Glumes more rigid than the thin-awned palese. 56. ANDROPOGON. Spikelets 2 on each joint of the plumose or hairy rachis, one sessile and perfect, the other stalked and imperfect or rudimentary. 57. ERIANTHUS. Spikelets 2 on each joint of the rachis, both fertile and surrounded by a hairy involucre. 58. SORGHUM. Spikelets panicled, 2-3 together, the lateral ones rudimentary. 1. LEEBSIA, Swartz. FALSE RICE. Perennial aquatic or marsh grasses, with the leaves and sheaths roughened with minute recurved points, the 1 -flowered (whitish) spikelets crowded in 1-sided panicled racemes. Pedicels jointed. Glumes none. Palese 2, charta- ceous, strongly compressed, fringed on the keel, the lower one much wider. Stamens 1 - 6. Stigmas 2. Grain compressed. 1. L. oryzoides, Swartz. Panicle large, diffuse; spikelets oblong, flat, loosely imbricated; stamens 3. — Ditches and swamps, Florida, and northward. July and Aug. — Culm 3° - 4° long, commonly prostrate at the base. Leaves spreading. Base of the panicle mostly enclosed in the sheath of the subtending leaf. Spikelets strongly fringed, about 3" long. 2. L. Virginica, Willd. Panicle nearly simple, the lower branches spread- ing ; spikelets small, concave, sparingly fringed, closely imbricated ; stamens 1-2. (L. imbricata, Lam. ?) — Swamps and margins of streams, Florida, and northward. July and Aug. — More slender than the last, and with spikelets half as large. 3. L. lenticularis, Michx. Panicle diffuse ; spikelets oval, flat, strongly fringed, closely imbricated ; stamens 2. — Ponds and swamps, Florida to North Carolina, and westward. Aug. — Culm 2° - 3° long. Leaves widely spread- ing, somewhat glaucous. Spikelets 3" long. GRAMINE^E. (GRASS FAMILY.) 549 4. L. hexandra, Swartz. Panicle contracted, erect, simple; spikelets lanceolate or oblong ; stamens 6. — In lakes and ponds, often in deep water, Florida, and westward. July and Aug. — Culms slender, l°-6° long, mostly branching. Leaves narrow, rather rigid. Panicle 2' - 3' long, exserted. Spike- lets short-fringed, 2" long, loosely imbricated. » 2. ZIZANIA, Gronov. WILD RICE. Rank water grasses, with broad flat leaves, and large diffuse panicles of mo- noecious 1 -flowered spikelets, on club-shaped jointed pedicels. Glumes none, or reduced to a cup-shaped ring at the base of the spikelet Paleas 2, membrana- ceous, the lower one rough-awned in the pistillate spikelet Stamens 6. Stig- mas elongated, brush-shaped. Grain cylindrical, free. 1. Z. aquatic a, L Lower portion of the panicle staminate and widely spreading, the upper pistillate and erect, with straight branches ; awn straight, elongated ; styles 2 ; grain linear. — Deep marshes and ponds, Florida, and northward. July. — Culms 4°- 8° high. Leaves rough beneath. Panicle 1°- 2° long. 2. Z. miliacea, Michx. Panicle diffuse ; staminate and pistillate spike- lets intermixed ; awns short ; styles united, elongated ; leaves smooth, with rough edges ; grain oval. — With the preceding. April and May. — Culms 4° - 6° high. Leaves somewhat glaucous. 3. HYDROCHLOA, Beauv. A small floating or creeping grass, with short oblong-linear flat leaves, and simple spikes of small monoecious 1 -flowered (white) spikelets, mostly included in the sheaths of the upper leaves. Spikelets 3-4 in a spike, the upper one staminate and exserted. Glumes none. Paleae 2, hyaline, the lower one emar- ginate, the upper acute. Stamens 6. Styles 2 : stigmas elongated. Grain ovoid, free. 1. H. Carolinensis, Beauv. (Zizania fluitans, Michx.) — Floating in still water or creeping on muddy banks, Florida to North Carolina. July and Aug. — Culm filiform, branching, £° - 2° long. Leaves 1; - 2' long. 4. ALOPECURUS, L. FOXTAIL GRASS. Flat-leaved grasses, with the 1 -flowered spikelets closely crowded in a simple spike-like cylindrical panicle. Glumes 2, compressed, boat-shaped, sharply keeled, united below, awnless. Lower palca compressed, awned on the back below the middle, the upper wanting. Stamens 3. Styles 2, rarely united be- low. Grain free, smooth and lenticular. 1..A. geniculatus, L. Low; culms ascending, bent at the lower joints; awn longer than the obtuse hairy glume. — Wet cultivated grounds, Florida and northward. April. — Culms 6' - 12' high. Leaves 2' - 4' long, with the sheaths shorter than the joints. Spikes !'-!£' long. 550 GRAMINE^E. (GRASS FAMILY.) The MEADOW FOXTAIL (A. pratensis, L.), a taller species (2°-3° high), with acute glumes, is scarcely spontaneous at the South. The same observation applies to the TIMOTHY or HERD'S-GRASS (Phleum pratense, L.), which differs from Alopecurus in having two paleae and awned glumes. 5. SPOROBOLUS, Brown. DROP-SEED GRASS. Tough wiry and tufted or creeping perennial grasses, with narrow leaves, and 1-flowered awnless spikelets, disposed in open, or crowded in spiked panicles. Glumes 2, membranaceous, unequal, the lower one shorter. Paleae 2. mostly longer than the glumes, and of the same texture. Stamens 3. Styles 2. Grain oval or globose, loose in the thin membranaceous pericarp, deciduous. Panicles exserted. * Panicles open. 1. S. junceus, Kunth. (WIRE-GRASS.) Panicle narrow, the short and spreading branches whorled ; spikelets on one side of the branches, short-stalked ; glumes smooth, the upper one acute, 2-3 times longer than the lower, and about equal to the obtuse paleae ; culms ("1° ~ 2° h'gn) erect ; leaves chiefly radical, fili- form and elongated, involute, those of the culm short and remote. (Agrostis juncea, Michx.) — Dry pine barrens, common. April and May, and often in October. 2. S. Floridanus, n. sp. Panicle diffuse, large; spikelets (purplish) on long hair-like stalks ; glumes acute, the lower one barely shorter than the obtuse paleae, the upper one a third longer ; leaves rather rigid, flat, pungent, very rough on the edges. — Low pine barrens, Middle and West Florida. September. — Culm 2° - 4° high. Leaves 1° - 2° long. Panicle 1° - 1£° long. * * Panicles spiked. 3. S. Indicus, Brown. Culms erect; panicle elongated, linear; leaves long, flat ; palese twice as long as the glumes, the upper one truncated. (Agrostis Indica, L.) — Waste places, Florida to North Carolina. May - Sept. — Culms 2° -3° high. Leaves with bristle-like summits. Panicle 6' -18' long, turning blackish. Spikelets crowded on the short appressed branches. 4. S. Virginicus, Kunth. Culms creeping, short-jointed, the short and mostly clustered branches erect; leaves 2-ranked, soon convolute, short and rigid ; panicle small, lanceolate ; glumes nearly equal, acute, rather longer than the palese. (Agrostis Virginica, L.) — Saline marshes and banks along the coast, Florida to North Carolina. July and Aug. — Flowering stems 6' -12' high. Leaves 2' - 4' long. Panicle 1'- 2' long, pale or purple. 6. VILPA, Adans. RUSH-GRASS. Panicles contracted or spiked, more or less included in the sheaths of the leaves. Grain oblong or linear, adherent to the closely investing pericarp. Otherwise as in Sporobolus. 1. V. aspera, Beauv. Perennial; culms tall and slender; leaves elon- gated, rough above, bristle-like at the summit; panicles partly included in the GRAMINE^E. (GRASS FAMILY.) 551 upper sheaths ; palese rough-hairy, unequal, awl-pointed, 2-3 times as long as the rough-keeled glumes and linear grain. (Agrostis aspera, Michx. A. clan- destina, Spreng.) — Dry sandy soil, Florida, and northward. July and Aug. — Culms 2° - 3° high. Sheaths hairy at the throat. 2. V. vaginsefiora, Torr. Annual; culms low, clustered, bearing con- cealed panicles at every joint, the terminal one partly exserted ; leaves short, smoothish ; paleae ovate, smooth, one third longer than the smooth glumes and oval grain. (Agrostis Virginica, Muhl. Crypsis Virginica, Nutt.) — Dry bar- ren soil, North Carolina, and northward. September. — Culms 6' -12' high. Leaves 2' - 4' long. • 7. AGROSTIS, L. BENT-GRASS. Tufted usually tender grasses, with flat and narrow leaves ; the small 1 -flowered spikclets racemose on the hair-like clustered branches of the open panicle, on thickened pedicels. Glumes 2, nearly equal, longer than the paleae. Paleae 2, the lower one commonly awned on the back, 3 - 5-nervcd, the upper 2-nerved, occasionally minute or wanting. Stamens 1-3. Styles or stigmas 2. Grain free. § 1. TRICHODIUM. Upper palea minute or wanting, the lower awnless, shorter than the unequal acute rough-keeled glumes. 1. A. elata, Trin. Culms stout, erect ; leaves flat (l"-2" wide) ; branches of the panicle flower-bearing above the middle. (A. dispar, Michx.?) — Swamps, North Carolina, Curtis. September. 1J. — Culms 2° -3° high. Panicles large and diffuse. 2. A. perennans, Gray. Culms slender, decumbent at the base ; leaves flat (I"- 2" wide); branches of the panicle short, flower-bearing from below the middle ; spikelcts whitish. (T. perennans, Ell.) — Swamps and river-banks, Florida, and northward. July and Aug. }J. — Culms l°-2° high. 3. A. SCabra, Willd. Culms slender, erect ; leaves short ; branches of the panicle long, hair-like, hispid, bearing the purple spikelets near their summits. (T. laxiflorum, Ell.) — Sterile soil, Florida, and northward. June and July. (£) — Panicle usually as long as the culm. § 2. AGROSTIS PROPER. Upper palea manifest : the lower commonly awned on the back. 4. A. alba, L. Culms ascending from a creeping base ; panicle spreading in flower, contracted in fruit; glumes (whitish) nearly equal, rough-keeled; pa- leae hairy at the base, the lower twice as long as the upper one, awnless or short- awned. — Damp soil, Florida, and northward. Introduced. — Culms l°-3° long. 5. A. rupestris, All. Culms slender, erect ; panicle small, oblong, with erect .smooth branches ; glumes lanceolate, nearly equal, rough-keeled ; lower palea one third shorter than the glumes, short-awned below the middle, the upper one minute. — High mountains of North Carolina, and northward. July. — Culms 1° high. GRAMINE^E. (GRASS FAMILY.) 6. A. arachnoides, Ell. Culms and leaves very slender; panicle con- tracted, weak and drooping ; glumes nearly equal, lanceolate, rough on the keel and margins; upper palea minute, the lower with two minute bristles at the truncated apex, and a long and very fine awn on the back above the middle. — Near Orangeburg, South Carolina, Elliott, and westward. April and May. Ij. — Culms 1° high. 8. POLYPOGON, Desf. BEARD-GRASS. Flat-leaved chiefly annual grasses, with the 1-flowered spikelets stalked, and crowded in. close clusters into a terminal spiked panicle. Glumes 2, equal, awned, and much longer than the palea?, of which the lower one is truncated and toothed at the apex, and often short-awned. Stamens 3. Stigmas 2. Grain elliptical, free. 1. P. maritimilS, Willd. Culms simple (6' -8' high); glumes pubescent, hispid on the keel, one third as long as the slender awns ; lower palea 4-toothed, unawned. (Phleum pratense, Ell., Herb.) — Sea-shore of North and South Carolina. Introduced. 9. CINNA, L. Tall perennial grasses, with broad leaves, bearing the 1-flowered compressed spikelets in a large compound terminal panicle. Glumes unequal, lanceolate, acute, the sharp keel hispid-serrulate. Palese 2, raised on a stalk, smooth, the lower one short-awned on the back below the apex. Stamen 1. Grain linear- oblong, free. 1. C. arundinacea, L. Culms (2° -7° high) simple; leaves linear- lanceolate (^' wide) ; branches of the panicle in fours or fives, erect in fruit; spikelets often purplish (2^" -3" long). — Shaded swamps, Georgia, and north- ward. — Panicle 6' - 1 5' long, rather dense. — Var. PENDULA, Gray. Cnlms and branches of the drooping panicle more slender ; pedicels very rough ; spikelets smaller ; glumes and paleae thinner. — Mountains of North Carolina, Curtis. 1O. MUHLENBERGIA, Schreb. DROP-SEED GRASS. Spikelets 1-flowered. Glumes persistent, pointed or awned, equal, or the lower one smaller. Paleae 2, sessile in the glumes, commonly hairy at the base, deciduous with the enclosed grain ; the lower one 3-nerved and mucronate or awned at the apex. Stamens 3. § 1 . MUHLENBERGIA PROPER. — Spikelets commonly much crowded, in lat- eral and terminal panicles, short-stalked: culms branching : leaves Jlat. 1. M. Mexicana, Trin. Panicles oblong, dense ; glumes unequal, lance- olate, ending in slender hispid awn-like points, the npper one as long as the awnless paleae. (Agrostis lateriflora, Michx.) — Damp soil, North Carolina, and northward. June and July. — Culms ascending, much branched. 2. M. Willdenovii, Triu. Culms sparingly branched, erect; panicles linear ; spikelets scattered ; palese twice as long as the nearly equal short-pointed GRAMINE^E. (GRASS FAMILY.) 553 glumes, the lower one with an awn 3-4 times as long as the spikclct. (Agros- tis tenuiflora, Willd.) — Dry rocky soil in the upper districts. July and Aug. — Culms 3° high. 3. M. diffusa, Schreb. Culms diffusely branched, low ; panicles long and slender ; glumes very small, the upper one truncated ; awn of the palca twice as long as the spikelct. — Shaded waste places, Florida, and northward. Aug. and Sept. — Culms 1° - 1£° high. § 2. TRICHOCHLOA. — Panicle terminal, diffuse: spikelets on long and hair- like stalks : culms tall and simple. 4. M. capillaris, Kunth. Leaves rigid, elongated, convolute; panicle erect, the long and purple glossy branches and spikelets drooping ; glumes nearly equal, half as long as the paleaa, the lower one awned ; palea? unequal, the up- per one barely awned, the lower 3-awned, with the middle awn many times longer than the spikelct. — Varies with both glumes long-awned. (M. filipes, Curtis.) — Sandy soil along the coast, and sparingly in the interior, Florida, and northward. Aug. and Sept. — Culms 2° -4° high. 5. M. trichopodes. Culms and leaves filiform, elongated ; panicle erect, oblong ; spikelets linear, on spreading stalks ; paleas twice as long as the nearly equal awnless glumes, ribbed ; the lower one tipped with a short awn, and with the two lateral nerves slightly percurrent, hairy at the base. (Agrostis tricho- podes, Ell. — Low pine barrens, Florida to North Carolina. Sept. ty — Culms 2° - 3° high. Panicle rarely purplish. Leaves flat. 11. BRACHYELYTRUM, Beauv. A perennial erect grass, with a simple slender culm, flat lanceolate leaves, and a loose lanceolate simple panicle of large (^' long) 1-flowcred spikelets. Lower glume obsolete, the upper minute, persistent and awnless. Palcas rigid, rough with short bristly hairs, the lower one concave, 5-ribbed, tapering into a long straight awn, and enclosing the shorter 2-pointed upper one. An awn-like pedicel of a second flower is applied to the back of the upper palea. Stamens and long stigmas 2. Grain linear. 1. B. aristatum, Beauv. (Muhlenbergia erecta, Schreb.) — Dry rocky places, Florida, and northward. July. — Culms solitary, 2° -3° high. 12. CALAMAGROSTTS, Adans. REED BENT-GRASS. Perennial grasses, with rigid erect simple culms, bearing a loose or contracted panicle of 1 -flowered spikelets, with the hairy pedicel of a second flower at the back of the upper palea. Glumes 2, nearly equal, keeled, longer than the paleae. Palese 2, bearded at the base with long hairs, the lower one awned on the back. Stamens 3. Grain free. § 1. CALAMAGROSTIS PROPER. — Glumes and palece membranaceous, the former boat-shaped : panicle open or loose. 1. C. coarctata, Torr. Panicle contracted, lanceolate; glumes lance- olate, awl-pointed, rough-keeled, with a purple stripe near the margins ; lower 47 554 GRAMINE.E. (GRASS FAMILY.) palea 5-nerved, rough-keeled, about as long as the awn, much longer than the hairs at the base. — Swamps, North Carolina, and northward. Aug. and Sept. — Culms 2° -3° high. Leaves somewhat glaucous. Panicle £° long, purplish. § 2. AMMOPHILA. — Glumes and palece somewhat coriaceous: panicle spike-like. 2. C. arenaria, Roth. Culms and elongated convolute leaves rigid ; pan- icle long (5' -9'), cylindrical; lower palea 5-nerved, obscurely awned, 3 times as long as the hairs at the base. — Sandy sea-shore, North Carolina, and north- ward. Aug. — Root-stock creeping. Culm 2° -3° high. Spikelets, like the whole plant, whitish, %' long. 13. STIPA, L. FEATHER-GRASS. Perennial grasses, with convolute leaves, and loose panicles of 1 -flowered spikelets, with very long awns. Glumes 2, membranaceous, nearly equal, awn- less and persistent. Palese coriaceous, involute, raised on an obconical bearded stalk, the lower one with a twisted or contorted awn jointed with its apex. Sta- mens 3. Grain terete, enclosed in the palea}. 1. S. avenacea, L. Culms ( 1° - 2° high) clustered ; leaves narrowly linear, rough, the lowest elongated ; awn pubescent, bent in the middle, many times longer than the dark-brown palea. — Dry soil, Florida, and northward. April. 14. STREPTACHNE, R. Brown. Grasses with the habit of Aristida. Spikelet 1 -flowered ; flower stalked. Glumes 2, loose, awnless. Palcee 2 ; the exterior cylindrical-involute. Awn terminal, simple, jointless, twisted below ; the inner palea included, awnless. Stamens 3. Styles 2. Stigmas plumose. 1. S. ? Floridana, n. sp. Culms (2° high) simple, slender, erect; leaves long, filiform, convolute, smooth; sheaths hairy at the throat; panicle (1° long) narrow, erect, the rough branches by pairs, scattered ; spikelets short-stalked ; glumes equal, linear, purple, 1 -nerved, the lower one awn-pointed, hispid-serru- late on the back, the upper smooth, truncated, mucronate-awned ; palese raised on a slender bearded stalk, smooth, shorter than the glumes ; the lower one lin- ear-subulate, gradually tapering into the long compressed curved awn, convo- lute, and enclosing the capillary inner one. — South Florida, Dr. Blodgett. 15. ARISTIDA, L. WIRE-GRASS. Dry and harsh perennial grasses, growing in barren soil, with narrow leaves, racemose or spiked-panicled 1 -flowered spikelets nearly as in Stipa, but the lower palea ending in a triple awn, which is continuous with its apex (except in No. 9). Upper palea minute. Grain linear. * Glumes unequal, the upper one shorter. 1. A. lanata, Poir. Culms stout (2° -3° high), simple; leaves flat, rough on the upper side, the sheaths, like the axils of the loose panicle, woolly ; lower palea (4" long) as long as the upper glume and lateral awns, and one half as (GRASS FAMILY.) 555 long as the middle one. — Dry pine barrens, Florida to North Carolina. July and Aug. — Lower palea spotted with purple. 2. A. purpurascens, Poir. Culms (l£°-2° high) slender, sparingly branched ; sheaths smooth ; glumes sometimes nearly equal, purple ; lower palea (3" long) £-J as long as the nearly equal awns. — Dry soil, Florida, and northward. Aug. — Panicle slender, 1° long, with the branches appressed. * * Glumes equal, or the upper one longer. 3. A. gracilis, Ell. Culms much branched at the base, very slender; leaves flat ; panicle very narrow, with distant appressed branches ; middle awn rather longer than the rough and spotted lower palea, the lateral ones much shorter ; glumes nearly equal. — Dry gravelly soil, Florida to North Carolina. Aug. — Culms (with the panicle) 6' - 12' high. Spikelets purple. 4. A. virgata, Trin. Culms (2° -3° high) branched near the base; leaves flat, rigid; panicles (1° long) loose; glumes nearly equal; middle awn spread- ing, twice as long as the erect lateral ones, and four times the length of the short (2" long) lower palea, — Diy soil, Florida to North Carolina. Var? palustris. Every way larger (3° -5° high), with the panicle l£°- 2£° long, and the straight awns nearly equal. — Margins of pine-barren ponds, West Florida. Aug. and Sept. 5. A. Stricta, Michx. Culms (2° -3° high) tufted, simple, straight; leaves chiefly radical, filiform, involute, rigid, hairy at the base; panicle (1° long) spiked ; lateral awns as long as the lower palea, the middle one one third longer. — Dry sandy ridges in the pine barrens, very common. June and July. 6. A. dichotoma, Michx. Culms low, fork-branched ; leaves filiform, erect; panicle (2' -3' long) spiked; glumes purple, longer than the paleae and the very short and erect lateral awns, the middle awn shorter than the palea), spreading. — Dry soil in the upper districts. Aug. and Sept. — Culms 6'- 12' high. 7. A. spiciformis, Ell. Culms simple, rigid, erect (l°-l£° high); leaves rigid, erect, convolute, smooth ; panicle spiked ; glumes much shorter than the long (!') very slender paleae, the upper one twice as long as the lower ; awns nearly equal, widely spreading, the middle one as long as the paleai. — Low pine barrens, Florida to South Carolina. Aug. and Sept.— Panicles 2' - 4' long, at length twisted. 8. A. oligantha, Michx. Culms (l°-2° high) branched, slender; leaves filiform, convolute ; spikelets scattered, single or by pairs, in a simple terminal raceme ; glumes nearly equal, longer than the paleae ; middle awn very long (2'), rather longer than the lateral ones, and 2-3 times the length of the palese. — South Carolina or Georgia, Nuttall. Sept. 9. A. tuberculosa, Nutt. Culms rigid, branching (l°-l£° high) ; leaves flat; glumes nearly equal, longer than the paleae, bristle-awned ; awns (2' long) equal, jointed with the paleae, twisted below, then widely spreading, several times longer than the palea. — Dry ridges, in the middle districts of Georgia. Sept. — Panicle simple. 556 GRAMINE^E. (GRASS FAMILY.) 16. SPARTINA, Schreb. MARSH-GRASS. Rigid perennial grasses, growing chiefly in saline marshes, with simple culms, concave or convolute leaves, and flattened 1 -flowered spikelets, closely imbricated in two rows on one side of the triangular rachis, forming appressed or spreading alternate spikes. Glumes 2, unequal, acute or short-awned, commonly bristly- serrulate on the keel ; the upper mostly longer than the unequal awnless palese. Stamens 1-3. Styles long, united below, or nearly distinct. Grain free. * Leaves convolute, rusk-like. 1. S. juncea, Willd. Spikes 3-9, remote, erect; glumes hispid-serrulate on the keel, the upper 2-3 times longer than the lower one ; lower palea, and sometimes the upper also, rough above. — Sandy or marshy places along the coast, Florida, and northward. July and Aug. — Culms l°-3° high. Leaves pungent. Spikes 1'- 2' long. Stamens 1-3. 2. S. gracilis, Hook. Spikes 15-30, closely imbricated in a cylindrical spike, the lowest rather distinct ; glumes hispid on the back, the upper one third longer than the lower one, obtuse, mucronate ; palese obtuse, the lower rough on the back, the upper smooth. — Sandy saline swamps, West Florida. July and Aug. — Culms (l°-2°high) and rush-like leaves very rigid. Common spike 4' - 6' long. Proper spikes 4" - 6" long. * * Leaves concave or flat. 3. S. polystachya, Willd. Spikes numerous, spreading ; upper glume and nearly equal palese slightly roughened, 2-3 times longer than the lower one; leajpes broad (£'-!£')> concave, very rough on the margins. — Brackish marshes, Florida to North Carolina. Aug. and Sept. — Culms stout, 4° - 8° high. Spikes 2' - 3' long, racemed. 4. S. glabra, Muhl. Spikes numerous, appressed to the common rachis ; upper glume linear, obtuse, 3 times the length of the lower one, and, like the palea?, very smooth ; leaves concave, smooth on the margins. — Salt marshes, Florida, and northward. Aug. and Sept. — Culms 2° - 4° high. Leaves nar- rower than the last, elongated. 17. GYMNOPOGON, Beauv. Low perennial grasses, with Sfcort and crowded distichous spreading leaves. Spikelets appressed, scattered on the straight and at length reflexed branches of the simple panicle, consisting of one perfect flower, and the awn-like pedicel of a second flower above. Glumes 2, subulate, hispid-serrulate. Palese 2, shorter than the glumes, the lower one awned under the apex. Stamens 3. 1. G. racemosus, Beauv. Culms (1° high) rigid; leaves lanceolate (l^'-2' long) ; branches of the panicle bearing the linear spikelets from the base to the summit ; awn 2-3 times the length of the palese and the pedicel of the sterile flower. ( Andropogon ambiguus, Michx.) — Var. FILIFORMIS has nar- rower leaves, the spikelets borne above the middle of the branches, and the awns and sterile pedicel shorter than the palese. — Dry sandy soil, Florida, and north- ward. Sept. and Oct. GRAMINEvE. (GRASS FAMILY.) 557 18. EUSTACHYS, Dcsv. Chiefly tropical grasses, with compressed culms and sheaths, distichous flat or folded obtuse leaves, and digitate rarely single spikes. Spikelets 2 - 3-flowercd, imbricated or crowded in 2 rows on one side of the triangular rachis ; the lowest flower perfect and sessile, the upper ones staminate or neutral, and stalked. Glumes 2, membranaceous, persistent, the upper (exterior) one short-awned. Paleae coriaceous, the lower one boat-shaped, mucronate-awned under the apex, the upper (mostly wanting in the sterile flowers) unawned. Stamens 3. Grain free. 1. E. petrsea, Desv. Culms (l°-2°high) clustered, erect; leaves glau- cous ; spikes 3 - 5 ; spikelets 2-flowered ; glumes hispid, the upper oblong, deeply emarginatc ; lower palea dark brown, hairy on the keel and margins, bearded at the base ; sterile flower neutral, club-shaped, awnless. — Damp soil along the coast, Florida to North Carolina. May -Aug. )]. — Leaves 3' -5' long. Spikes erect. Spikelets roundish. 2. E. glauca, n. sp. Culms stout (3° -5° high), and, like the broad (6" -8" long) leaves, smooth and glaucous; spikes about 20; spikelets roundish, 2-flowered; glumes hispid, the upper lanceolate, entire; palea dark brown, smooth ; upper flower obovate, short-awned. — Brackish marshes, "West Florida, Aug. and Sept. © — Culms £' wide at the base. Leaves l£° - 2° long. 3. E. Floridana, n. sp. Culms slender (2° high) ; leaves (2' -4' long) glaucous ; spikes single or by pairs ; spikelets light brown, 3-flowered, the mid- dle flower staminate ; glumes smoothish, truncate, oblong ; lower palea of the perfect flower hairy on the keel and margins, distinctly awned ; sterile flowers obovate, smooth, the lower one short-awned. — Dry pine barrens, Middle Flor- ida. July -Sept. 1|. — Spikelets larger than in the two preceding. 19. CYNODON, Richard. BERMUDA-GRASS. Diffusely creeping grasses, with short and erect flowering stems, and flat leaves. Spikes digitate, 1-sided. Spikelets crowded, awnless, 2-flowered; the lower flower perfect, the upper an awn-like pedicel. Glumes 2, membranaceous, nearly equal. Palese 2, membranaceous, the lower one larger and keeled. Sta- mens 3. Grain free. 1. C. Dactylon, Pers. Spikes 3-5, filiform, purple; glumes rough- keeled ; palese longer than the glumes, the lower one boat-shaped, and hairy on the keel ; anthers and stigmas purple. (Digitaria Dactylon, Ell.) — Waste places. Introduced. — Culms perennial. Leaves 2' -4' long. Spikes l'-2' long, filiform. 20. CTENIUM, Panz. Flat-leaved grasses, with the erect culms terminated by a single falcate spike. Spikelets 4 - 5-flowered, crowded in two rows on the lower side of the flattened rachis ; the two lower sterile, of 1 - 2 paleae which are awned under the apex, and similar to the third perfect one; the upper ones (1-2) abortive and awn- 47* 558 GRAMINE^E. (GRASS FAMILY.) less. Glumes 2, membranaceous, very unequal ; the larger upper one with a spreading awn or tubercle on the back. Palese of the perfect flower membrana- ceous ; the lower one awned below the apex, and densely ciliate on the margins. Stamens 3. Ovary smooth. Styles terminal : stigmas elongated, plumose, with simple hairs. Grain free. 1. C. Americanum, Spreng. Root pungent; culm (2° -3° high) rough, like the narrow leaves; spike at length recurved or coiled (3' -4' long) ; upper glume granular on the back; the stout awn spreading horizontally. (Monocera aromatica, Ell) — Low pine barrens, Florida to North Carolina. July and Aug. H. 21. DACTYLOCTENIUM, Willd. CROWFOOT-GRASS. Annual creeping or spreading branching grasses, with flat leaves and digitate rarely single spikes. Spikelets 2 - several-flowered, crowded on one side of the flattened rachis ; the uppermost flower imperfect. Glumes 2, compressed-keeled, membranaceous ; the upper (exterior) awn-pointed. Pales 2, boat-shaped, pointed. Stamens 3. Stigmas plumose, with branching hairs. Grain round- ish, rugose, free. 1. D. JEgyptiacum, "Willd. Culms ascending from a creeping base; leaves fringed ; spikes commonly 4, awn-pointed ; spikelets 3-flowered. (Eleu- sine? cruciata, Ell.} — Cultivated ground, common. Introduced. — Culms nu- merous, 1° high. Spikes 1'- 2' long. 22. ELETJSINE, Gart. Characters chiefly of Dactyloctenium, but the narrower glumes and palese obtuse and awnless. Stigmas plumose, with simple hairs. Spikelets closely imbricated. — Low annuals. 1. E. Indica, Gaert. — Cultivated ground, very common. Introduced. Culms (6' -18' high) flattened; leaves flat; spikes 2 -several, the lower ones sometimes scattered (2' -4' long) ; spikelets 6-flowered. 23. LEPTOCHLOA, Beauv. Flat-leaved grasses, with the numerous spikes disposed in a terminal raceme. Spikelets sessile, loose on one side of the elongated filiform rachis, 3 - many- flowered. Glumes 2, membranaceous, unequal, keeled. Paleae 2, membrana- ceous ; the lower one longer than the upper, 3-nerved, awned or unawned. Stamens 3. Grain oblong, free. § 1. LEPTOCHLOA PROPER. — Loiver palea unawned. 1. L. mucronata, Kunth. Culms 2° -3° high; sheaths of the broad (4"-» 6" wide) rough leaves hairy; spikes numerous, in an elongated raceme, 2' -4' long, spreading; spikelets minute, 3 - 4-flowered ; glumes mucronate, longer or shorter than the flowei's ; lower palea smooth, emarginate. (Eleusine mucro- nata, Michx.) — Cultivated fields, Florida, and northward. Aug. - Sept. © GRAMINE^E. (GRASS FAMILY.) 559 2. L. dllbia, Nees. Culms 2° high, slender ; leaves elongated, filiform, with smooth sheaths ; spikes 6 - 10, somewhat corymbose ; spikclets distant on the filiform rachis, 6-flowcrcd ; glumes lanceolate, nearly equal, serrulate on the keel, shorter than the awnless soon spreading flowers ; palea} fringed on the mar- gins, the lower one truncate or emarginate. — South Florida. § 2. DIPL ACHNE. — Lower palea 2-cleJl, 1 - 3-awned. 3. L. polystachya, Kunth. Culms £°-4° long, mostly prostrate and rooting at the lower joints, much branched ; raceme partly included in the sheaths of the elongated leaves ; spikes numerous, approximate, erect, 3' - 5' long; spikelets lanceolate, 8- 10-flowered ; glumes unequal, shorter than the flowers ; lower palea hairy on the margins below, 3-awned ; the lateral awns minute, the middle one about as long as the palea. (Festuca polystachya, Michx.) — Brackish swamps along the coast, Florida, and northward. Sept (T) 4. Ii. Domingensis, Link.? Culms erect, simple, straight and slender; leaves narrowly linear or filiform, shorter than the culm ; spikes 6-12, scattered, exscrted ; spikelets lanceolate, 6 - 8-flowered ; glumes unequal, acute, rough- keeled ; lower palea hairy on the margins, much longer than the single rough awn. — South Florida. Oct. — Culms 1° - 1£° high. • 24. TRICUSPIS, Beauv. Perennial grasses, with tall, erect, simple culms, from a thick and scaly root- stock, elongated rigid leaves, and ovate or lanceolate 5 - 7-flowered stalked spike- lets, disposed in a simple or compound open panicle. Glumes 2, smooth, emar- ginate, shorter than the crowded flowers. Palea} 2, 2-cleft, the lower one shortly 3-awned by the percurrent hairy nerves, bearded at the base. Stamens 3. Grain obovate -oblong, free. 1. T. sesslerioides, Torr. Panicle ample and diffuse, or contracted and erect, bearded in the axils ; spikelets terete, lanceolate, mostly purple ; lower palea with two awn-like teeth similar to the three short awns. (Poa quinquifida, Pursh.) — Dry soil, Florida, and northward. Aug. and Sept. — Culms 3° -5° high. Sheaths often hairy. 2. T. ambigua. Panicle short, nearly simple, spreading, smooth in the axils, clammy ; spikes ovate or roundish, compressed ; teeth of the lower palea obtuse, wider than the three short awns. (Poa ambigua, Ell.) — Low pine bar- rens, Florida to South Carolina. August. — Culms 2° -3° high. 25. TRIPLASIS, Beauv. Low tufted fibrous-rooted grasses, with branching culms, linear-subulate leaves, and few 4-flowered purple spikelets, disposed in reduced lateral and terminal panicles. Flowers scattered on the slender rachis. Glumes 2, lanceolate, smooth. Paleae 2, hairy on the margins ; the lower one 2-cleft, with a bearded or plumose awn between the teeth ; the upper concave, 3-toothed. Stamens 3. Grain free. 1. T. Americana, Beauv. Culms erect, 1° - 1£° high ; leaves and sheaths hairy; lateral panicles included; awn of the lower palea plumose, much longer 560 GRAMINE.E. (GRASS FAMILY.) than the awn-pointed teeth. (Uralepis comma, Ell.) — Dry sandy soil, Florida to North Carolina. Aug. and Sept. ty. 2. T. purpurea. Culms procumbent or ascending, 1°-1|° long; leaves and sheaths smooth or roughish ; lateral panicles included ; awn of the lower palea bearded, about as long as the obtuse teeth, and much shorter than the paleae. (Aira, Ett. Uralepis purpurea, Nutt.) — Drifting sands along the coast, Florida, and northward. Aug. -Oct. — Leaves 1'- 4' long. Spikelets bright purple. 26. EATONIA, Kaf. Slender erect and tufted grasses, with narrow leaves, and small smooth (not hairy) spikelets of pale flowers in a racemose or spicate panicle. Spikelets awn- less, 2 - 5-flowered, the uppermost flower usually an awn-like pedicel. Glumes membranaccous, shorter than the flowers ; the lower one linear and 1-nervcd ; the upper obovate, 3-nerved. Paleae unequal, the lower one obtuse. Stamens 3. Grain linear-oblong. 1. E. Obtusata, Gray. Panicle dense, spike-like, the 2-flowered spikelets much crowded on the short erect branches ; glumes rough on the back, the upper one round-obovate, somewhat truncate, rather rigid ; lower palea lanceolate- oblong, obtuse, rough-keeled. (Aira obtusata, Michx.) — Dry soil, Florida, and northward. April and May. 1|. and (J) — Culms l°-2° high. 2. E. Pennsylvanica, Gray. Panicle slender, loose, the 2-3-flowered spikelets scattered on the slender branches ; glumes slightly roughened on the back, the upper one obovate, obtuse, or abruptly short-pointed ; lower palea ob- tuse ; leaves flat, with the sheaths smooth, rough, or soft-downy. (Aira mollis, Ell) — Upper districts. April. 1J. — Culms 1 ° - 2° high. Var. ? filiformis. Culms 1° high, very slender, barely longer than the fili- form involute leaves ; panicle linear, loose ; spikelets scattered, mostly 3-flowercd, the flowers distant on the rachis, the lowest one and glumes nearly smooth. ( Aira mollis, var. Ell.) — Dry pine barrens, Florida to South Carolina. March. 27. MELICA, L. Perennial grasses, with flat leaves, and 3 - 5-flowered spikelets of large flowers in a simple panicle. Flowers awnless, the upper ones imperfect. Glumes mcm- branaceous, unequal, convex, obtuse, scarious on the margins, many-nerved. Palese similar to the glumes ; the upper one smaller, concave on the back. Sta- mens 3. Grain free. 1. M. mutica, Walt. Culms l°-2°high; leaves and sheaths smoother rough-pubescent ; panicle loose, of few nodding racemose spikelets ; upper flow- ers imperfect, truncate-obovate ; palea roughish. (M. glabra, Michx.) — Dry open woods, Florida, and northward. April. 28. GLYCERIA, Brown. Smooth perennial marsh or water grasses, with flat leaves, nearly entire sheaths, and terete or tumid many-flowered spikelets disposed in a simple or compound GRAMINE.E. (GRASS FAMILY.) 561 panicle. Rachis jointed. Glumes membranaceous, obtuse, persistent. Palese nearly equal, somewhat chartaceous, obtuse, early falling away with the separat- ing joints of the rachis ; the lower one naked, convex, 7-nerved. Stamens 2-3. Grain free, oblong. 1. G. nervata, Trin. Culms erect; panicle diffuse, the capillary branches at length drooping ; spikelets purplish, very numerous, ovate-oblong, 5 - 6-flow- ered, nearly terete ; lower palea oblong, obtuse, 7-nerved. (Poa parviflora, Pursh.) — Wet swamps, West Florida, and northward. July. — Culms 2° -3° high. Spikelets 2" long. 2. G. pallida, Trin. Culms erect or ascending; panicle narrow, nearly simple, with the capillary branches erect ; spikelets pale, oblong-linear, 5 - 9-flow- eretl, nearly terete ; lower palea oblong, minutely 5-toothed, 7-nerved. — Shallow water, North Carolina, and northward. July. — Culms 1° - 3° long. Spikelets i1 long. 3. G. fluitans, R. Brown. Culms thick, ascending from a creeping base ; leaves long, broadly linear ; panicle long, narrow, racemose ; spikelets linear, te- rete, pale, loosely 7 - 13-flowered (!' long); lower palea obtuse, or slightly 3- lobed at the scarious apex, roughish, 7-nerved. (Poa fluitans, Ell.) — Shallow water in the upper districts, and northward. June and July. — Culms l°-5° long. Panicle 1° long. 4. G. rigida, Smith. Culms low (2' -4' high), ascending, rigid; leaves subulate, £'-!£' long, involute and rigid when dry; panicle 1'- 1£' long, lance- olate, dense, 1-sided; spikelets linear, acute, 5-11-flowered, short-pedicelled ; glumes serrulate on the keel; palese obtuse, emarginate or mucronate. (Poa rigida, L.) — Dry soils, around Beaufort, South Carolina, Elliott. April and May. 29. ARUNDINABIA, Michx. CANE or REED. Tall woody grasses, with clustered spreading branches, broad and flat persist- ent leaves, and racemose or panicled many-flowered spikelets. Glumes unequal, concave, membranaceous, awn-pointed. Paleae rather loosely imbricated on the bearded and jointed rachis, nearly equal ; the lowest one ovate-lanceolate, con- cave, many-nerved, awn-pointed; the upper strongly 2-keeled. Stamens 3. Stigmas 3. Grain oblong, free. 1. A. gigantea. (CANE.) Culms arborescent, 10°- 20° high, rigid, sim- ple the first year, branching the second, afterwards at indefinite periods fruiting, and soon after decaying; leaves lanceolate (l'-2' wide), acuminate, smoothish ; panicles lateral, composed of few simple racemes ; spikelets purple, erect ; lower palea lanceolate-ovate, pubescent, fringed (8" long), awn-pointed. (Arundinaria macrosperma, Michx.) — Banks of the larger rivers, Florida to North Carolina. February. 2. A. tecta, Muhl. (REED.) Culms slender, 2° -10° high, branching; leaves linear-lanceolate, acuminate, roughish, the sheaths bearded at the throat ; spike- lets solitary, or in a simple raceme at the summit of the branches, or frequently 562 GRAMINEJE. (GRASS FAMILY.) on leafless radical culms ; lower palea (6" long) ovate-lanceolate, smooth, fringed on the margins, awn-pointed. (Arundo tecta, Walt.) — Swamps, Florida to North Carolina. Feb. and March. 30. BRIZOPYRUM, Link. A low and rigid perennial dioecious grass, growing in saline marshes, with linear-subulate involute distichous leaves, and many-flowered compressed spike- lets, crowded in a nearly simple spike. Glumes and paleae smooth, somewhat coriaceous, obtuse, compressed, not keeled ; the lower ones several-nerved. Sta- mens 3. Stigmas 2. Grain oblong, free. 1. B. spicatum, Hook." Rootstocks long and creeping; culms l°high; leaves spreading, rigid, 2' -4' long, smooth, like the imbricated sheaths ; spike- lets oblong, 7-15-flowered. (Uniola spicata, Ell.) — Low sandy shores and marshes, West Florida, and northward. Aug. and Sept. 31. POA, L. MEADOW-GRASS. Grasses with tufted culms, smooth flat and tender leaves, and compressed few- flowered spikelets in loose or contracted panicles. Glumes unequal, shorter than the flowers. Lower palea nearly membranaceous, keeled, scarious on the margins, awnless, 5-nerved, the three more prominent nerves mostly hairy or woolly below ; upper palea 2-toothed, falling at maturity with the lower one. Stamens 2-3. Stigmas plumose. Grain free. * Branches of the panicle single, or by pairs. 1. P. anmia, L. Annual; culms tender, spreading, 6-10' high; leaves linear, 3' -6' long, 1^" wide; panicle ovate, the smooth branches at length reflexed ; spikelets ovate, about 5-flowered ; glumes obtuse or emarginate, half as long as the sparsely hairy obtuse flowers. — Yards and gardens, Florida, and northward. Feb. and March. Introduced. 2. P. cristata, Walt. ? Annual; culms erect, 6' -10' high; leaves linear, subulate, 1 ' long, £" wide ; panicle linear or lanceolate, dense, the lowest of the rough branches spreading ; spikelets 3 - 5-flowered ; lower palea with a promi- nent crest-like fringe on the back, barely longer than the acute glumes. — Dry soil around Quincy, Middle Florida. April. 3. P. flexuosa, Muhl. Perennial; culms weak, mostly erect, l°-l£° high; leaves narrowly linear; branches of the panicle by pairs (l£'-2' long), capillary, widely spreading ; spikelets 2-4 near the summit of each branch, pale, oblong, 3 - 4-flowered ; glumes acute ; lower palea compressed and very obtuse at the apex, hairy on the nerves. (P. autumnalis, Ell.) — Rich shaded soil, Florida, and northward. May. * * Branches of the panicle 3 - 6 in a duster : perennials. 4. P. pratensis, L. Culms terete, ascending from a creeping base ; leaves mostly abruptly pointed ; branches of the panicle expanding, about 5 in a clus- ter ; spikelets ovate, 3 - 5-flowered, crowded ; flowers closely imbricated ; lower GRAMINE^E. (GRASS FAMILY.) 563 palea acutish, strongly nerved, hairy. (P. viridis and P. angustifolia, Ell.) — Rich soil, mostly around dwellings. Introduced. May. — Culm 1° - 2° high. 5. P. compressa, L. Culms ascending from a creeping base, geniculatc, and, like the sheaths, compressed ; panicle contracted, 1-sided, the short erect branches 2-4 in a cluster; spikclets 4 - 8-flowercd ; lower palca rather obtuse, hairy below, faintly nerved. — With the preceding. May. — Culms 1° high. Leaves bluish green. 32. ERAGROSTIS, Beativ. Spikelets few - many-flowered, compressed. Lower palea 3-nerved, not hairy nor woolly ; the upper one remaining after the rest of the flower has fallen. Otherwise as in Poa. — Culms often branched. Leaves and sheaths smooth or hairy. * Culms prostrate and creeping, diffusely branched. 1. E. reptans, Nees. Culms filiform, the flowering branches erect (4' -6' high), leaves short (l'-2' long), linear; sheaths downy at the base ; panicle small (2' -3' long), ovate or oblong, often contracted ; spikelets linear, 10-30-flowered, nearly sessile, imperfectly dioecious ; paleae acute. (Poa reptans, Michx.) — Low sandy places, Florida, and northward. Aug. and Sept. © — Plant pale green. * * Culms branching, erect or ascending : annuals. 2. E. megastachya, Link. Culms prostrate and geniculate at the base, ascending ; leaves linear ; sheaths smooth ; panicle oblong or pyramidal, con- tracted or spreading; spikelets oblong or at length linear (3"- 5" long), 10-30- flowered, often lead-color; lower palea ovate, obtuse. (Briza Eragrostis, L.) — Cultivated or waste grounds, Florida, and northward. July and Aug. 3. E. ciliaris, Link. Culms slender, prostrate or ascending, geniculate ; leaves (2' -3' long) linear, smooth ; sheaths smooth, bearded at the throat; panicle spiked, cylindrical, the minute (£" long) ovate spikelets densely crowded on the short appressed branches, 5 - 7-flowered ; lower palea obtuse, mucronate, rough or ciliate on the back ; the upper one fringed on the margins with long bristly hairs. — Varies with the culms nearly erect, open lanceolate or oblong panicle, dis- tinct pale spikelets, and flowers more scattered on the smooth rachis. — Waste places and along roads, Florida to South Carolina ; the var. at Key West. — Culms 6' - 12' long. Spikelets purple. 4. E. Purshii, Schrad. Culms slender, ascending, geniculate near the base, 6' -12' long; leaves narrowly linear, with the sheaths bearded at the throat ; panicle 3' - 6' long, the lowest of the widely spreading branches whorled ; spikelets linear, 5- 10-flowered, purple or pale, the lateral ones appressed, and mostly longer than their pedicels ; lower palea ovate, 3-nerved. (Poa pectinata, and P. tenella, of authors. ) — Waste places and cultivated grounds, common. June - Sept. 5. E. COnferta, Trin. Culms erect, stout, 2° - 3° high ; leaves linear ; sheaths smooth ; panicle elongated (1°- 2° long), linear or lanceolate, the very numerous clustered branches and small oblong 8 -10-flowered spikelets erect or 564 GRAMINE^E. (GRASS FAMILY.) appressed ; flowers minute, raembranaccous, rather distant on the rachis ; lower palea obtuse, 3-nerved. (Poa conferta, Ell.) — River-banks, Florida to South Carolina. Aug. and Sept. — Panicle whitish. Spikelets 1"- 1^" long. =fc * * Culms simple, erect, shorter than the large and spreading panicle. 6. E. tenuis, Gray. "Panicle virgately elongated (l°-2^° long), very loose, the spreading branches bearded in some of the lower axils, their remote divisions and long diverging pedicels capillary ; spikelets 2-6- (sometimes 7 - 12-) flowered, pale or greenish; glumes lanceolate or awl-shaped, very acute (l£"-2" long), membranaceous, as are the oblong-lanceolate acute flowers; lower palea distinctly 3-nerved ; the upper, ciliate-scabrous." Gray. (Poa te- nuis, Ell.) — Greenville, South Carolina, Elliott; North Carolina, Curtis. Aug. and Sept. U ? — Leaves (l£° - 2° long) and sheaths smooth or hairy. 7. E. capillaris, Nees. Panicle widely expanding, the lower axils mostly bearded ; spikelets very small (!"- l£" long), 2 -4-flowered, mostly purple, on long diverging capillary pedicels ; glumes and flowers ovate, acute ; lower palea obscurely 3-nerved. (Poa, L. P. hirsuta, Michx.) — Dry uncultivated fields, Florida, and northward. Aug. and Sept. — Leaves and sheaths smooth or hairy. Panicle l°-2° long. 8. E. nitida. Panicle (l£°-3° long) reclining, the bristle-like or capil- lary branches erect-spreading, naked in the axils ; spikelets linear, flat (3" -4" long), 8-12-flowered, on erect-spreading pedicels l'-2' long; lower palea acute, 3-nerved, nearly smooth on the keel ; leaves and sheaths very smooth and shin- ing. (Poa nitida, Ell.) — Low grassy places along the coast, West Florida to South Carolina. Aug. and Sept. 1J. — Leaves narrowly linear, longer than the short (6' -9' high) culm. 9. E. pectinacea, Gray. Panicle erect, widely spreading, or the rather rigid and hairy branches at length reflexed ; spikelets purple, flat, about 8-flow- ered, shorter than the erect or slightly spreading pedicels ; lower palea ovate, acute, strongly 3-nerved, rough-keeled. (Poa pectinacea, Michx. P. hirsuta, Ell., $*c., not of Michx.) — Diy sterile soil, Florida, and northward. Aug. and Sept. — Panicle 1°- 1^° long. Leaves and sheaths mostly clothed with long soft hairs. Var. refracta. Smooth throughout, or the sheaths of the short and rigid leaves bearded at the throat ; panicle (6' - 12' long) with the branches reflexed ; spikelets sessile or nearly so, 15 -20-flowered ; lower palea faintly 3-nerved. (Poa refracta, Ell.) — Damp soil, Florida to North Carolina. — Spikelets about 5" long. 33. DACTYLIS, L. ORCHARD-GRASS. Perennial grasses, with simple culms, keeled leaves, and 2 - 7-flowered spikelets crowded in a 1 -sided glomerate panicle. Glumes and lower palea herbaceous, keeled, awn-pointed, rough-ciliate on the keel, the latter 5-nerved. Stamens 3. Grain free. 1 . D. glomerata, L. — Near Charleston, Elliott, and northward. Intro- duced. May and June. — Culms 2° -3° high. Leaves and sheaths scabrous. GRAMINE^E. (GRASS FAMILY.) 565 Spikelcts in close clusters at the end of the short branches, 2 - 4-flowered. Glumes and flowers lanceolate. 34. PESTUCA, L. FESCUE-GRASS. Grasses with flat or setaceous leaves, and panicled 3 - many-flowered mostly awned spikelets. Ilachis jointed as in Glyceria. Glumes unequal, mostly keeled. Paleae nearly coriaceous ; the lower one naked, rounded on the back, 3-5-nerved, acute or bristle-awned ; the upper commonly adhering at maturity to the enclosed grain. Stamens 1-3. * Flowers awned: panicle contracted: annuals. 1. F. Myurus, L. Culms erect, very slender, concealed in the sheaths of the bristle-like leaves ; panicle elongated, linear, 1 -sided, partly included in the sheath of the uppermost leaf, the scattered branches appressed ; spikelets com- pressed, 6-flowered ; awn 3-4 times the length of the subulate sparsely hairy palca. Stamen 1. — Dry sandy soil, Florida to North Carolina. March and April. — Culms 6' - 12' high. Panicle pale, 4' - 6' long. 2. P. tenella, Willd. Culms (2' -12' high) erect or ascending; leaves narrowly linear or filiform ; panicle long-peduncled, simple, spiked, or the branches slightly spreading, mostly purple ; spikelets crowded, compressed, oblong, 8- 12-flowered ; awn not longer than the subulate hispid palea. — Dry sandy soil, Florida, and northward. Feb. - April. 3. P. duriuscula, L. Culms erect, 1°- 1|° high ; leaves filiform; panicle simple, 1 -sided, mostly bending, spreading ; spikelets oblong, about 6-flowered ; awn shorter than the smooth lanceolate palea. — Around dwellings, Florida, and northward. Introduced. April - May. 4. P. parviflora, Ell. "Panicle equal, slender, appressed; spikelets terete, subulate, 5-flowered, awned; calyx (glumes) unawned." Ell. — Near Orangeburg, South Carolina. April, ty f — Culms 12'- 18' high. Awn as long as the palea. J * ) * * Flowers aimless : panicle spreading : perennials. 5. P. elatior, L. Culms l°-2° high; leaves linear, smooth; panicle long, narrow, erect, the erect branches bearing the loosely 5 - 10-flowered spikelets throughout ; palea oblong-lanceolate, barely pointed. — North Carolina, and northward. Introduced. 6. P. nutans, Willd. Culms 2° -4° high, and, like the broadly linear leaves, rough, or the latter hairy ; panicle 1 -sided, simple, erect or bending, the branches mostly by pairs, remote, bearing few ovate 5 - 6-flowered spikelets near their summits, at length reflexed ; glumes rough on the back, acute ; lower palea ovate, barely pointed. — Rich woods and banks, Florida, and northward. Aug. 7. P. grandiflora, Lam. "Panicle simple, erect; spikelets very few, generally 7-flowered ; flowers acute, distant." — Carolina, Frazer. ( * ) 8. P. unioloides, Willd. Panicle contracted ; spikelets compressed, 8-flow- ered, awnless ; sheaths of the leaves bearded at the summit. — Carolina, Willd. — Panicle nodding, expanding. Spikes oblong-lanceolate. Root fibrous. ( * ) 48 566 GRAMINE^E. (GRASS FAMILY.) 35. BROMUS, L. BROME-GRASS. Grasses with flat leaves, and long-stalked spikelets in loose panicles. Spike- lets large, 3 - many-flowered. Glumes membranaceous, unequal, commonly- keeled. Lower palea usually awned under the apex, convex on the back, about 7-nerved at the base. Stamens 3. Grain flattened and grooved on the inner face, and adherent to the upper palea. 1. B. Ciliatus, L., var. purgans, Gray. Perennial; panicle diffuse, the slender drooping branches mostly by pairs ; spikelets lanceolate after flowering, 10- 12-flowered ; lower glume 1-nerved, the upper 3-nerved ; lower palea convex on the back, 7-nerved, hairy, about as long as the awn ; culms 2° - 4° high ; leaves and sheaths smooth or downy. — River-banks and rich soil, Florida, and northward. June'. 2. B. secalinus, L. (CHEAT or CHESS.) Annual; panicle spreading, with clustered, at length drooping branches ; spikelets (£'- 1' long) 8-10-flow- ered, oblong-ovate ; lower glume 5-nerved, the upper 7-nerved ; palere smooth, the lower one convex, 7-nerved, awnless or short-awned ; culms l°-2°high; leaves and sheaths smooth or downy. — Grain-fields, &c. Introduced. 36. UNIOLA, L. Tough perennial grasses, with erect culms, from creeping rootstocks, and mostly broad, flat many-flowered spikelets, in erect or drooping panicles, with one or more of the lower flowers glume-like and neutral, and the upper imper- fect. Glumes lanceolate, compressed-keeled. Lower palea rather rigid, strongly compressed-keeled, nerved, awnless, much larger than the 2-keeled upper one. Grain free. Stamens 1-3. * Spikelets long-pedicelled, drooping : flowers oppressed. 1. U. latifolia, Michx. Culms 2° -3° high ; leaves ..flat, lanceolate (£'- 1' wide) ; panicle loose, drooping; spikelets green, oblong, acute, 10- 15-flow- ered ; lower palea one third longer than the upper, fringed on the keel, acutish ; stamen 1. — Banks of rivers, Florida, and northward. July and Aug. — Spike- lets 12" -15" long. 2. U. panicillata, L. Culms stout, 3° - 5° high ; leaves very long, rigid, soon convolute ; panicle crowded, drooping ; spikelets whitish, oblong-ovate, about 12-flowered; palea? equal, the lower one notched at the apex, serrulate on the keel ; stamens 3. — Drifting sands along the coast, West Florida, and north- ward. July and Aug. — Plant pale. Leaves 2° - 4° long. * * Spikelets sessik or nearly so, erect: flowers at length spreading. 3. U. gracilis, Michx. Panicle long and slender, with the branches ap- pressed ; spikelets small (2" -3"), wedge-shaped, 4-6-flowered; lower palea longer than the upper one, smooth on the keel, obtuse; stamen 1. — Rich damp soil, Florida, and northward. July and Aug. — Culms slender, mostly erect, 2° - 4° long. Leaves 2" - 6" wide. Sheaths smooth or downy. GRAMINE^E. (GRASS FAMILY.) 567 4. IT. nitida, Baldw. Panicle short, of few rigid spreading branches; spikelets (6" -8" long) oblong, 6-8-flowered; paleae equal, the lower acute, serrulate near the apex ; stamen 1 . — Swamps, Florida, Georgia, and westward. Aug. — Culms slender, 1° - 2° high. Leaves linear, smooth. 37. PHBAGMITES, Trin. REED. Large perennial marsh grasses, with broad and flat leaves and panicled spike- lets. Spikelets 3 - 6-flowered, with the rachis bearded with long and silky hairs. Lowest flower with a single stamen and imperfect ovary, the others triandrous and perfect. Glumes unequal, pointed. Lower palea narrowly awl-shaped, 2-3 times as long as the 2-cleft upper one. Stigmas 2. Grain free. 1. P. COmmunis, Trin. Culms 5° -8° high; leaves numerous, l'-2' wide ; panicle diffuse, nodding ; spikelets 3 - 5-flowered, about as long as the white hairs of the rachis. — Deep river marshes near the coast, Florida, and northward. Sept. 38. ELYMUS, L. LYME-GRASS. Coarse flat-leaved perennial grasses, with rigid erect culms, bearing a single spike of 2 - 7-flowered spikelets, arranged 2 - 4 in a cluster at each joint of the zigzag rachis. Glumes 2, placed side by side before the spikelets, coriaceous, unequal-sided, mostly awned. P,ale£e of the same texture as the glumes, the lower convex on the back, tapering into a rigid awn ; the upper enclosing the linear hairy-tipped grain. Stamens 3. Stigmas 2. 1. E. Virginicus, L. Spike dense, erect (3' long), the base usually included in the dilated sheath of the uppermost leaf; spikelets 2 -3 in a cluster, 2 - 3-flowered, smoothish, short-awned ; glumes lanceolate, strongly nerved. — River-banks, Florida, and northward. July and Aug. — Culms 2° - 3° high. Leaves rough. Sheaths smooth. 2. E. striatus, Willd. Spike dense, erect or slightly nodding (3' -5' long), long-peduncled ; spikelets 2-3 in a cluster, 1- 3-flowered, hairy, long-awned ; glumes linear-subulate, long-awned, much longer than the flowers. — Rocky woods and banks in the upper districts, and northward. July - Sept. — Culms slender, 2° high. Leaves and sheaths smooth or pubescent. 39. GYMNOSTICHUM, Schreb. Spikelets 2 - 3 on each joint of the rachis, raised on a short and thick stalk. Glumes none, or a single awn-like rudiment. Otherwise as in Elymus. 1. G. Hystrix, Schreb. Spike erect, 3' - 6' long, lax-flowered ; spikelets yellowish, 3 - 4-flowered, smooth or rough-hairy, long-awned ; leaves and sheaths smoothish. (Elymus Hystrix, Z.) — Upper districts, Georgia, and northward. July. _ Culms 2° - 3° high. Rachis 2-edged. 568 GRAMINE^E. (GRASS FAMILY.) 40. LOLIUM, L. DARNEL. Rigid flat-leaved (introduced) grasses, with spiked many-flowered compressed spikelets, with one edge applied to the jointless rachis. Glume 1, rigid, awnless. Lower palea concave, awnless, or short-awned, herbaceous. Stamens 3. Grain adherent to the upper palea. — Spikelets distant on the elongated rachis. 1. L. temulentum, L. Culm tall (2° high) ; rachis (1° long) flexuous; glume rigid, many-nerved, longer than the 5-flowered spikelet, lower palea awned under the scarious obtuse apex. — Grain-fields, North Carolina. ® 2. L. arvense, Withering. Culms low (6' -12'); rachis (6' -8' long) straight; glume rigid, many-nerved, shorter than the 8-10-flowered spikelet; lower palea awnless or short-awned at the scarious emarginate apex. — Streets of Apalachicola. July. (T) 41. AIRA, L. Low and slender tufted grasses, with the small 2-flowered stalked spikelets in a loose panicle. Glumes membranaceous, keeled, longer than the flowers. Pa- leae hairy at the base ; the lower one 3 -5-nerved, and awned on the back. Sta- mens 3. Grain oblong, smooth. 1. A. flexuosa, L. Culms nearly naked, l°-l£° high; leaves short, bristle-like ; panicle small, capillary, spreading ; lower palea toothed at the apex, much shorter than the slender awn ; grain free. — Mountains of Georgia, and northward. July. 1J. . 42. TRISETUM, Pers. Spikelets 2 - several-flowered. Lower palea compressed-keeled, usually bear- ing a bent awn below the 2-cleft or 2-pointed apex. Otherwise as in Aira. Spikelets in open or spiked panicles. 1. T. palustre, Torr. Smooth; culms weak (1°-1^° long) ; leaves flat, linear ; panicle ^long and narrow, loose ; spikelets 2 - 3-flowered ; the lower flower awnless, the upper with a spreading awn and an awn-like rudiment at the base, or rarely both flowers awnless. (Aira pallens, MuhL A. triflora, Ell. ?) — Swamps, West Florida to Mississippi, and northward. March and April. — Panicle pale, 4' - 8' long. 2. T. molle, Kunth. Soft downy; culms short (6' -8'); panicle (2' -3' long) contracted, dense and spike-like ; spikelets 2-flowered, the lower palea of both flowers with a spreading awn. —Mountains of North Carolina, and north- ward. . 43. DANTHONIA, DC. Tufted grasses, with racemose or panicled spikelets, and rough or bearded flowers. Spikelets 3 - many-flowered. Glumes nearly equal, membranaceoTis, longer than the flowers, awnless. Lower palea rigid, concave, many-nerved, bearded below, sharply 2-toothed at the apex, bearing an intermediate awn, which is flattened and twisted near the base. Stamens 3. Grain oblong, free. GRAMINE^E. (GRASS FAMILY.) 5G9 1. D. spicata, Beauv. Spikclets 4 - 8, racemose, 7-flowered ; lower palca rough with short rigid hairs, much longer than the lanceolate-subulate teeth ; culms (10' - 18' high) slender ; leaves short and narrow, soon involute. (Avena spicata, L.) — Dry ban-en soil, Florida, and northward. June and July. — Ra- ceme l'-2' long. 2. D. sericea, Nutt. Spikelets numerous, panicled, 7-flowercd ; lower palea white with long silky hairs, as long as the slender, awn-pointed teeth ; culms 2° high ; sheaths of the linear leaves woolly above. (Avena spicata, Ell.) — Upper districts of Georgia, and northward. April. 44. ARRHENATHERUM, Beauv. Tall grasses, with flat leaves, and spreading panicles with clustered or whorled branches. Spikclets 2-flowered, with the awn-like rudiifcent of a third flower ; the lower one staminate, the upper perfect. Glumes membranaceous, concave, the upper one as long as the flowers. Palese herbaceous ; the lower one of the perfect flowers slightly awned near the apex, that of the staminate flower bearing a long bent awn below the middle. Stamens 3. 1. A. avenaceum, Beauv. Culms smooth, 2° -3° high; leaves broadly linear; panicle narrow, whitish, 8' -10' long; glumes scarious. — North Caro- lina, Curtis. Introduced. May. 1J.. 45. ANTHOXANTHUM, L. SWEET-SCENTED GRASS. Grasses with flat leaves and 3-flowered spikelets, crowded in a spiked panicle ; the two lower flowers neutral, and consisting of a single haiiy palea awned on the back ; the upper flower perfect, of two smooth awnless paleae, and two very thin glumes, the upper one 3-nerved, longer than the flower, and twice as long as the 1-nerved lower one. Stamens 2. Grain enclosed in the paleae. 1. A. odoratum, L. Culms 1° high; leaves linear, hairy; panicle l'-3' long. — Low grounds around the larger cities, Savannah, Charleston, £c. In- troduced. April and May. 46. PHALARIS, L. Spikelets crowded in a densely spiked panicle, 3-flowered ; the two lower flow- ers reduced to hairy scales ; the upper perfect, consisting of 2 boat-shaped awn- less, at length coriaceous palea}, the lower one longer and enclosing the upper, and two nearly equal broadly keeled glumes which are longer than the flower. Stamens 3. Styles elongated. Grain enclosed in the paleaj. 1. P. intermedia, Bosc. Culms ascending, slender, 6'- 12' high; leaves short, with the uppermost sheath inflated; spike (£'-!' long) oval, compact; glumes lanceolate, slender-pointed, broadly keeled, twice as long as the hairy ovate flower. (P. Americana, Ell. P. microstachya, DC.) — Sandy places along the coast, Florida to North Carolina. April and May. (J) — Leaves broadly linear, l'-2' long, somewhat glaucous. Spike white or purplish. Var. angUSta. (P. angusta, Nees.) Culm stout (2° -3° high); spike cy- 48* 570 GRAMINE^:. (GRASS FAMILY.) lindrical (2' -4' long), somewhat interrupted at the base ; glumes short-pointed, rather narrowly keeled, J longer than the ovate hairy flower. — South Carolina, and westward, (l) — Leaves not glaucous, 4' - 10' long. 47. PASPALUM, L. Spikelets spiked or somewhat racemed, apparently 1 -flowered, awnless, borne in 1 - 4 rows on one side of the flattened or triangular jointless rachis. Glumes 2, membranaceous, nearly equal. Paleae 2, ovate or roundish, coriaceous ; the lower one larger, concave, and partly enclosing the flattened upper one. Sta- mens 3. Grain included in the indurated paleae. Such is the apparent structure of the spikelet, but theoretically it is 2-flowered, as in Panicum, with the lower glume and upper palea of the lower flower undeveloped. * Spikes racemed: spinets partly enclosed by the recurved margins of the broadly 'winged membranaceous rachis. 1. P. fluitans, Kunth. Spikes very numerous ; spikelets in two rows, mi- nute (I" long), oblong, pubescent ; glumes pointed ; culm branching, ascending from a creeping or floating base; leaves flat, broadly linear (4" -8" wide). (Ceresia fluitans, Ell.) — River-swamps, Florida, and northward. Sept. and Oct. (g -—Culms smooth, l°-3° long. 2. P. Walter!, Schultes. Smooth ; spikes 3-7, the lowest ones included in the sheath of the uppermost leaf; spikelets in two rows, ovate, smooth ; glumes obtuse, 5-nerved. (P. vaginatum, Ell.) — Low cultivated grounds, Florida to North Carolina, and westward. July and Aug. — Culms decumbent, creeping, l°-3° long. Leaves linear, short. * * Spikes mostly by pairs, divaricate : spikelets ovate-lanceolate, acute, 2-rowed on the slender wingless rachis : glumes smooth, longer than the palece. 3. P. Digitaria, Poir. Peduncles elongated, lateral and terminal, often 2-3 together from the upper sheath; spikes (3'-4' long) filiform, spreading horizontally; glumes even, 7-nerved, J longer than the obtuse perfect flower; culms ascending from a creeping and branching base ; leaves lanceolate, obtuse, flat, mostly fringed on the margins, the sheaths compressed. (Milium paspa- lodes, Ell.) — Open swamps, Florida to North Carolina, and westward. July- Sept. ty — Culms 1 ° - 2° high. 4. P. vaginatum, Swartz. Peduncles single, terminal, spikes (rarely 3 or 4) short (!'- 1^' long), erect or horizontal; glumes rugose, 5-nerved, rather longer than the acute flower ; culms diffusely creeping, short-jointed ; the flowering branches (4'- 10' long) erect; leaves (l'-3'long) subulate-convolute, their dilated imbricated sheaths persistent. (P. furcatum, Fluegge.) — Saline swamps, West Florida, and southward. Aug. and Sept. 1J. — Culms 2° *• 4° long. Sheaths compressed, bearded at the throat. * * * Spikes solitary, or few and racemose: spikelets ovate or roundish, in 2-4 rows: rachis mostly flattened andflexuous: glumes and palece nearly equal. 5. P. distichum, L. Spikes 2, rarely 3 or 4, spreading (!'-!£' long); spikelets in 2 rows, single, ovate, acute, as wide as the straight rachis ; glumes GRAMINEvE. (GRASS FAMILY.) 571 3-ncrvcd, more or less pubescent ; culms diffuse, creeping ; leaves flat, glaucous, rough above, and, like the sheaths, smooth or hairy. (P. tristachyum, Leconte1.) — Swamps and low grounds, Florida to North Carolina, and westward. Aug. and Sept. 1J. — Flowering stems 1° high. G. P. praecox, Walt. Spikes 3 - 6 ; spikelets by pairs, in 3 rows, orbicu- lar, compressed, as wide as the straight and flat rachis ; glumes smooth, 3-ncrved, often discolored; culms erect (3° -4° high), simple; leaves long and narrow; sheaths purple, smooth or hairy. — Pine-barren swamps, May and June. ty. 7. P. laeve, Michx. Spikes 3-5, long (3' -4') and slender; spikelets single, in 2 rows, orbicular, wider than the flexuous rachis ; glumes smooth and even, 5-nerved; culms simple, erect (3° -4° high); leaves (deep green) and sheaths smooth, or the latter hairy. — Dry woods and margins of fields, Florida, and northward. July and Aug. 1J. — Spikelets l£" long, larger and thicker than the last. 8. P. Floridamim, Michx. Spikes 2-3, thick, erect; spikelets large (2" long), mostly in 3 rows, broadly oval, tumid, wider than the flexuous rachis ; glumes smooth, 5-nerved, more or less rugose; culms rigid, erect (2° high); leaves narrow, rigid, and, like the sheaths, rough-hairy. (P. macrospermum, Fluegge. ) — Damp soil, near the coast, Florida. Aug. and Sept. 1|. — Plant glaucous. 9. P. racemulosum, Nutt. Spikes 2-3, slender, erect (4' long) ; spike- lets single or by pairs, obovate, distant on the filiform and somewhat flexuous rachis, distinctly pedicelled ; glumes smooth, obtuse, 7-ncrved ; culms simple, erect (2° -3° high) ; leaves long, linear, keeled, glaucous, and, like the sheaths, sprinkled with long white hairs. (Panicum Alabamense, Trin.) — Dry sandy soil, Florida to North Carolina, and westward. Aug. and Sept. 1J. . 10. P. undulatum, Poir. Spikes 2-12, spreading (2' -3' long); spike- lets small (1" long), oval or roundish, crowded in 3-4 rows under the broad and flat rachis ; glumes smooth, 5-nerved ; palese of the neutral flower often ru- gose ; culms erect or ascending, mostly branching ; leaves deep green, broadly linear, flat, mostly fringed on the margins or near the base, and, like the smooth or hairy sheaths, often purple. (P. purpurascens, Ett. P. plicatulum, Michx. P. confertum, Leconte. P. Boscianum, Fluegge. ) — Low cultivated grounds, Flor- ida to North Carolina. Sept. ® — Culms £° -3° high. 11. P. Blodgettii, n. sp. Spikes 4, filiform ; spikelets minute (J" long), in 3 rows, elliptical, as wide as the straight rachis ; glumes 3-nerved, minutely pubescent and granular; culms tufted, simple, erect (l°-l£° high) ; leaves flat, fringed on the margins. — Key West, Dr. Blodgett. 1|. — Spikes 1' long. 12. P. ciliatifolium, Michx. Spikes slender, mostly solitary, rarely 2- 3, on long lateral and terminal peduncles, of which 2-3 often project from the upper sheath ; spikelets orbicular, in 2 - 3 rows, wider than the narrow flexuous rachis; glume 3-nerved, commonly pubescent ; culms tufted (l°-2° long), erect or spreading, simple or branched ; leaves 2"- 9" wide, flat, wavy and fringed on the margins, or, like the sheaths, hairy all over. (P. setaceum, and P. debile, Michx. P. dasyphyllum, Ell., frc.) — Wet or dry soil, very common. June- Sept. © and ty. 572 GRAMINE.E. (GRASS FAMILY.) 48. AMPHICARPTJM, Kunth. Perennial flat-leaved grasses, with the spikelets nearly as in Panicum, but of two kinds ; one perfect, but rarely fruitful, disposed in a simple terminal panicle or raceme ; the other largei', pistillate or perfect, and borne at the summit of long runner-like radical peduncles. Lower glume minute or wanting. 1. A. Purshii, Kunth. Culms tufted, erect from fibrous roots, naked above ; leaves lanceolate, rather thin, clothed, like the sheaths, with spreading rigid hairs ; upper flowers in a strict panicle ; those at base of the culm perfect ; grain ovoid or oblong, terete. (Milium amphicarpon, Pursh.) — Low sandy pine barrens, Georgia, and northward. Sept.— Culms l°-3° high. Glumes of the upper flowers 5-nerved, of the lower one white, many-nerved. ' 2. A. Floridanum, n. sp. Culms subterraneous, diffusely creeping ; flowering branches erect (l°-3° high), branching; leaves linear-lanceolate, rigid, smooth ; sheaths fringed on the margins ; upper flower abortive, panicled or raccmcd, oblong (3" long), acute; glumes 5-nerved; anthers of the radical flow- ers imperfect ; grain compressed-globose, pointed. — Banks of the Apalachicola River, Florida. Sept. and Oct. — Plant pale green. Paleae of the radical flow- ers crustaceous at maturity. 49. PANICUM, L. PANIC-GRASS. Inflorescence spiked, racemose or panicled. Spikelets 2-flowered, naked (no involucre). Glumes 2, herbaceous; the upper one usually as long as the flow- ers, the lower smaller, often minute, or occasionally wanting. Lower flower staminate or neutral, of 1 -2 paleae ; the upper palea, when present, small and hyaline, the lower herbaceous and resembling the upper glume. Upper flower perfect, coriaceous, awnless, enclosing the free grain. Stamens 3. § 1. DIGIT ARIA. — Inflorescence spiked: spikelets 2-3 together , imbricated on one side of a filiform rachis : lower flower of one palea, and neutral : glumes shorter than the flowers : annuals. 1. P. sanguinale, L. (CRAB-GRASS.) Culms ascending from a diffusely creeping base ; leaves thin, spreading, the lower part, like the sheaths, hairy ; spikes 5-10, spreading; spikelets oblong, pointed; glumes hairy on the mar- gins, the upper half as long as the flowers, the lower minute, or in var. VILLOSUM (Digitaria villosa, Ell., a smaller and more hairy form) wanting. — Cultivated grounds and waste places everywhere. May -Oct. 2. P. filiforme, L. Culms erect, sparingly branched (2° - 3° high) ; leaves linear, erect, and, like the sheaths, hairy ; spikes 2-5, alternate, erect, filiform ; spikelets oblong, acute, scattered ; upper glume half as long as the acute black- ish palea, the lower wanting. — Diy sandy soil, common. Aug. and Sept. § 2. PANICUM PROPER. — Glumes 2, unequal, awnless : spikelets in panicles or racemes. * Spikelets crowded in simple or panicled racemes. •*- Sterile flower of one palea, neutral. 3. P. tenuiculmum, Meyer. Culm filiform, erect, simple ; leaves chiefly radical, linear (2" wide) ; racemes 8 - 12, remote, 3 - 6-flowered, forming a long (GRASS FAMILY.) 573 narrow and simple panicle ; rachis flexuous, naked and bristle-like at the apex ; spikelets ovate (l"long); upper glume 9-nerved, twice as long as the obtuse lower one. — South Florida. — Culms l£°-2° high. Racemes distant on the common rachis, £' long. •*- •»- Sterile flower oftwopalece, staminate or neutral. 4. P. gibbum, Ell. Panicle spiked, cylindrical, , 3' - 5' long ; spikelets oblong, obtuse; upper glume oval, strongly 11-nerved, tumid at the base, twice as long as the smooth fertile flower, the lower one minute ; sterile flower 3-androus ; culms branched, slender, reclining ; leaves linear-lanceolate, smooth or hairy. — Swamps, Florida to North Carolina. July - Sept. — Plant deep green. Spikelets caducous. 5. P. Curtisii. Panicle slender, spike-like (6' -8' long), the appressed lower branches remote ; spikelets ovate-lanceolate ; glumes slightly keeled, the upper 5-nerved, twice as long as the lower one, and rather shorter than the acutish flower ; sterile flower 3-androus ; culms and smooth linear-lanceolate leaves rigid ; sheaths smooth or hairy. (P. Walteri, Ell, not of Poiret nor Pursh. P. carinatum, Torr., in Curtis's Plants, Wilmington, not of Presl.) — Ponds and swamps, Florida to North Carolina. — Culms 3° - 4° high, often rooting at the lower joints. 6. P. hians, Ell. Panicle small, the few scattered and spreading branches naked below ; spikelets in small distinct clusters, ovate ; upper glume 5-nerved, 3-4 times longer than the lower ; sterile flowers neutral, longer than the perfect flower, the upper palea rigid, obovate, involute, gaping at the apex; culms slender (6' -18' high), simple; leaves linear, smooth. — Low grounds in fields and along roads, Florida to North Carolina. 7. P. gymnocarpum, Ell. Panicle large, pyramidal, the rigid expand- ing branches mostly clustered or whorled ; spikelets 3 - 6 in scattered clusters (2" long), lanceolate; glumes lanceolate-subulate, rough-keeled, 2-3 times longer than the perfect flower ; sterile flower neutral ; the lower palea as long as the lower glume, and much longer than the upper palea ; culms rigid, erect ; leaves (!' or more wide) lanceolate, cordate, smooth. — Muddy banks of rivers, Florida, Georgia, and westward. Sept. 1J. — Culms 2° - 3° high. Sheaths imbricated. 8. P. anceps, L. Panicles lateral and terminal, diffuse ; spikelets 3-10 in mostly scattered clusters, ovate-lanceolate, acute ; glumes smooth, keeled, compressed at the apex, the upper 7-nerved, twice as long as the lower one, and one third longer than the fertile flower ; culms flattened. — Var. STRICTUM. Culms strict and rigid, like the erect leaves ; panicle filiform, of few appressed branches, 2' - 3' long. — Damp sterile soil, Florida, and northward. Common and very variable. Aug. and Sept. 1J. — Plant mostly pale. Spikelets often purple. * *• Spikelets mostly by pairs, on short appressed pedicels (except Nos. 13 and 14), scattered on the ultimate branches of the usually ample open panicle. •«- Sterile flower consisting oftwopalece. 9. P. virgatum, L. Culms tall (2° - 4° high) ; branches of the large dif- fuse panicle whorled or clustered ; spikelets (1" long) on rough pedicels, ovate ; 574 GRAMINE^. (GRASS FAMILY.) glumes long-pointed, the upper 7-nerved, one third longer than the obtuse per- fect flower ; sterile flower 3-androus. — Sandy soil, Florida, and northward. Aug. and Sept. 1|. — Culms several in a cluster. Leaves smooth, flat (green), 1° or more long. Glumes purplish. 10. P. amamm, Ell. Glaucous; culms stout; branches of the slender contracted panicle smooth, appressed ; leaves long and rigid, soon convolute ; spikelets ovate-lanceolate (2" long), short-stalked ; upper glume pointed, strongly 7-nerved, one third longer than the oblong obtuse perfect flower, and equalling the 3-androus sterile flower. — Drifting sands along the coast, Florida, and north- ward. Sept. 1|. — Plant salt and bitter to the taste. 11. P. fasciculatum, Swartz. Smooth; culms erect (1° high), branch- ing; leaves membranaceous, linear-lanceolate; panicle contracted, 3' -4' long, with the mostly simple branches erect ; spikelets deep green, obovate, acute ; glumes smooth, the upper one strongly 7-nerved and reticulated, 2-3 times as long as the lower one, barely longer than the tumid rugose perfect flower; sterile flower neutral. (P. fuscorubens, Lam.) — South Florida. Oct. 1J. •»- •*- Sterile flower of one palea, neutral. 12. P. proliferum, Lam. Smooth ; culms thick and succulent, ascending, branched, geniculate ; panicles lateral and terminal, diffuse ; spikelets lanceolate- ovate, acute, somewhat crowded on the straight branches ; upper glume 7-nerved, 3-4 times as long as the lower ; perfect flower pointed. (P. geniculatum, Muhl.) — Wet places near the coast, Florida, and northward. Sept. ® — Culms 1°- 3° long. 13. P. capillare, L. Culms erect, simple or branched; leaves and sheaths hirsute ; panicles lateral and terminal, the very slender branches at length re- flexed; spikelets lanceolate-ovate, scattered on long and capillary pedicels; upper glume 5-nerved, pointed, twice as long as the lower; perfect flower obtuse. (P. strigosum, Ell. 1) — Sandy fields, Florida, and northward. Sept. Q) — Culms l°-2°high. 14. P. divergens, Muhl. Culms slender, fragile, sparingly branched; leaves subulate, rough on the upper surface and margins ; the smooth sheaths longer than the joints ; panicle diffuse, bearded at the axils ; spikelets small, spindle-shaped, solitary at the summit of very long (2' -4') and rough pedun- cles ; lower glume minute ; perfect flower lanceolate-oblong, acute, nearly as long as the upper glume and neutral palea. (P. autumnale, Bosc. ) — Dry sandy soil, South Carolina, and northward. Aug. 1|. — Culms 1° high. Leaves 2'- 4' long. 15. P. verrucosum, Muhl. Smooth; culms very slender, branched; leaves linear-lanceolate ; panicles terminal, pyramidal, the slender scattered and often simple branches spreading ; spikelets obovate, obtuse ; glumes obtuse, roughened with fine warts, the upper one at length shorter than the perfect flower, the lower minute. — Swamps, Florida, and northward. Sept. 1|. — Culms 2° - 4° long. Spikelets £" long. 16. P. angustifolium, Ell.? Culms weak, diffusely branched; leaves linear ; panicle simple, the few elongated and scattered branches bearing 2-4 GRAMINE^E. (GRASS FAMILY.) 575 oblong-obovatc acute spikelets near the summit ; glumes papillose-hispid, the upper one 5-nerved, longer than the pointed granular-roughened perfect flower ; the lower minute, obtuse. — Dry soil, Florida to South Carolina. — Culms 1°- 2° long. Spikelets l£" long. * * * Spikelets single, on a spreading pedicel, disposed in open panicles : sterile flower consisting of two unequal palea? , neutral (except No. 17) : perennials: culms at length much branched. 17. P. latifolium, L. Culms smooth, erect; leaves ovate-lanceolate, mostly smooth, the sheaths, especially at the joints, villous ; panicle nearly sim- ple; spikelets large (2" long), obovate; glumes pubescent, obtuse, the upper 2-3 times longer than the lower one ; sterile flower 3-androus. — Dry rich soil, Florida, and northward. May. — Culms l°-l£° high. Leaves and panicles 3' -4' long, the latter exserted. 18. P. clandestinum, L. Culms rigid (1° high), branched, naked at the joints ; leaves lanceolate, acuminate, the sheaths papillose-hirsute ; panicles small, lateral and terminal, more or less included in the sheaths ; spikelets ob- long, pubescent (H" long) ; lower glume half the length of the 7-nerved upper one. — Dry sterile soil, North Carolina, and northward. Sept. 1J. — Varies with the sheaths smooth, or merely pubescent, and the terminal panicle some- times exserted. 19. P. SCOparium, L. Hairy or woolly all over, except the upper sur- face of the somewhat rigid lanceolate leaves ; culms stout (1°- 1£° high), mostly simple ; panicle terminal, exserted ; spikelets obovate (l£" long), obtuse, pubes- cent ; upper glume 9-nerved, three times the length of the lower one ; sterile flower neutral. — Open woods and margins of fields, in dry soil, Florida to North Carolina. May. 20. P. pauciflorum, Ell. "Panicle expanding, few-flowered; flowers very large ; leaves narrow-lanceolate, ciliate at the base ; sheaths hairy." Ell. — In close damp soils, Georgia, Elliott. May. — Culm 12' -18' high, roughish and branching at the joints. Leaves 3' - 4' long, 3" - 4" wide, smooth above. Spikelcts oval, the lower glume very small. Resembles P. scoparium in fruit, and P. villosum somewhat in habit. ( *) 21. P. divaricatum, L. Shrubby, smooth; culms reclining, with short and spreading branches ; leaves lanceolate, faintly nerved, deciduous from the persistent sheaths ; panicles small, simple, few-flowered, terminating the branches ; spikelets (2" long) obovate, tumid, nodding ; glumes smooth, many-nerved, and, like the lower palea of the sterile flower, tipped with a tuft of down ; palea; of the sterile flower nearly equal. — South Florida, Dr. Blodgett. — Leaves l£' - 2' long. Branches of the panicle short and diverging. 22. P. viscidum, Ell. Soft-hairy or downy all over, except a narrow ring below each joint of the culm ; leaves lanceolate ; sheaths viscid ; panicle (4' -6' long) compound, diffuse; spikelets (1" long) ovate, pubescent; upper glume 9-nerved, many times longer than the minute lower one. — Varies with the leaves, sheaths, and purple spikelets smooth. — Wet swamps and bogs, near the 576 GRAMINE^E. (GRASS FAMILY.) coast, Florida, and northward. May. — Culms 3° - 4° high, soon much branched. Leaves 6'- 10' long. Branches of the panicle smooth. — In the smooth form of this species I notice a remarkable deviation from the generic character. The two glumes and lower palea of the sterile flower are as usual in the genus, while the upper palea of the latter is developed into an apparently perfect flower, in all respects similar to the upper one. 23. P. scabriusculum, Ell. Culm (3° -4° long), sheaths, and lower surface of the linear-lanceolate leaves rough and more or less pubescent ; panicle ample, compound, diffuse, pubescent below, the divisions smooth ; spikelets small, ovate, rough, but not pubescent ; upper glume 9-nerved, the lower minute. — Pine-barren swamps, Florida to North Carolina. May. — Probably a form of the last. 24. P. microcarpon, Muhl. Culm and leaves smooth ; the latter lance- olate, tapering from a broad cordate base, strongly nerved, fringed on the mar- gins near the base ; panicle compound, diffuse ; spikelets very numerous, small (£" long), oval, pubescent; upper glume 5-nerved, 3 times the length of the mi- nute lower one. (P. multiflorum, Ell, not of Poir. P. ovale, Ell. ?) — Dry soil, South Carolina, and northward. May. — Culms 2° - 2£° high. Leaves 4' - 6' long, 8" -10" wide. 25. P. dichotomum, L. Culms at length much branched; panicle nearly simple, few-flowered ; leaves linear-lanceolate, bearded at the base, or vil- lous all over. (P. villosum, Ell.) — Var. 1. Panicles compound, diffuse; spikelets small ; leaves linear-lanceolate, and, like culm, sheaths, and panicle, soft hairy (P. lanuginosum, Ell.), or only at the joints of the culm (P. barbula- tum, Michx.), or smooth throughout (P. nitidum, Ell., spikelets purple and very minute). — Var. 2. Culms weak; panicle loose, compound ; sheaths and pale-green thin leaves soft hairy (P. pubescens, Ell.), or the margins of the otherwise smooth leaves fringed with long hairs (P. ciliatum, Ell.). — Var. 3. Culms (2° high) smooth ; leaves large (6' -8' long), lanceolate, rough or downy above, margins near the base and sheaths fringed ; panicle large, diffuse ; spike- lets (1" long) oblong, nearly smooth. (P. nervosum, Ell. ?) — Var. ? 4. CulmJ smooth and rigid (1° - 1^° high) ; leaves pale, rigid, lanceolate, fringed ; panicle oblong, diffuse ; spikelets minute, oval, very hairy. (P. spha;rocarpon, Ell.) — Woods, fields, and swamps, everywhere, in some one of its numerous forms. March - May. 26. P. depauperatum, Muhl. Culms low (2' -12' high), simple, erect, like the linear leaves ; panicle simple, few-flowered, with the branches erect, often shorter than the subtending leaf; spikelets oval-obovate (1" long), mostly acute ; upper glume 9-nerved, smoothish, three times the length of the ovate lower one. (P. strictum, Pursh.) — Dry sandy soil, North Carolina, and northward. June. — Leaves rigid, 2' - 6' long, smoothish or hairy. 27. P. melicarium, Michx. " Culm weak ; leaves narrow ; panicle con- tracted ; glumes membranaceous, lanceolate, nearly equal ; rudiment of a flower stalked. — In Carolina and Georgia. Very smooth. Leaves long. Panicle slender, long, with few branches." Michx. ( * ) GRAMINE^E. (GRASS FAMILY.) 577 § 3. AULAX ANT HITS. — Spikelets awnless, single, loosely racemose on the erect branches of the compound contracted panicle : lower glume wanting, the upper one 5-ribbed, very hairy: perennials. 28. P. ignoratum, Kunth. Culms erect, simple, smooth ; leaves linear- lanceolate, pungent, strongly nerved, fringed on the margins, the lower ones widely spreading ; panicle racemose ; spikelets obovate ; sterile flower 3-androus ; anthers and stigmas yellow. ( Aulaxanthus ciliatus, Ell.) — Dry gravelly soil, Florida to North Carolina* July and Aug. — Culms 2° - 3° high. Leaves and spikelets pale. 29. P. rufum, Kunth. Leaves erect, linear, smooth, elongated ; sterile flower neutral ; anthers and stigmas purple ; otherwise like the preceding. (Au- laxanthus rufus, Eli.) — Pine-barren swamps, Florida to North Carolina. Sept. — Leaves and spikelets purplish. § 4. ECHINOCHLOA. — Spikelets crowded on one side of the racemed or pani- cled spikes: glumes and lower palea of the sterile flower hispid-pointed or awned. 30. P. Crus-galli, L. Culm stout (2° -4° high), branching; leaves very long, broadly linear, rough; sheaths smooth, rough, or hispid; spikes (l'-2' long) very numerous, crowded in a long raceme ; spikelets clustered ; glumes and lower palea of the sterile flower strongly hispid on the nerves, awn-pointed or long-awned ; fertile flower rough-pointed. — Wet places, Florida, and north- ward. Aug. and Sept. (1) — Awns pale or purple. 31. P. Walter!, Ell. Culms (l°-2° high) branching; leaves linear, smooth, like the sheaths; spikes 5-12, distant, erect or appressed (£'-!' long), bearded at the base ; spikelets in 3 rows, awnless ; glumes and lower palea his- pid on the nerves, pointed; fertile flower barely pointed ; rachis rough. — Damp soil, Florida to North Carolina. July- Sept. ® — Spikelets purplish. 32. P. ? molle, Michx. " Spikes panicled, alternate, expanding, flower- ing on one side ; spikelets approximate, pedicillate, on one side, awnless," Ell. — Sea islands of South Carolina, Elliott. Aug. and Sept. 1J. — Culm 4° - 6° high, smooth below, downy above. Leaves 12' -18' long, smooth, fringed at the throat. Spikelets 2-3 together on a villous rachis, hairy. Plant salt and bitter. § 5. ORTHOPOGON. — Panicle simple, spiked: spikes few-flowered, distant: t/lumes equal, Jiairy, the lower one long-awned: upper and lower palece of the sterile Jlower short-awned. 33. P. hirtellum, L. Culms slender, ascending from a creeping base; leaves (l'-2'long) ovate-lanceolate, thin; sheaths hairy; spikes about 5, dis- tant, 5-8-flowered; awns (often purple) clammy. — Shady woods, Florida to North Carolina. Aug. and Sept. 1|. — Culms 1° - 2° long, branched, the erect portion 6' -12' high. 60. SETARIA, Beauv. Erect annual grasses, with flat leaves and the spikelets of Panicum proper, but crowded in cylindrical spike-like panicles ; the short pedicels bearing one or more bristles, which usually exceed the spikelets. 49 578 GRAMINEJS. (GRASS FAMILY.) * Bristles roughened downward. 1. S. verticillata, Beauv. Culrns sparingly branched; leaves linear- lanceolate, rough above ; spike cylindrical, compact, somewhat interrupted be- low (2' -3' long) ; bristles short, single or by pairs. — Around dwellings, North Carolina, and northward. Introduced. — Culm. 2° high. * * Bristles roughened upward. 2. S. glauca, Beauv. Culms smooth, slightly compressed ; leaves linear- lanceolate, rough above; spike nearly simple, cylindrical; bristles 6-10, in 2 clusters, longer than the spikelets ; perfect flower transversely wrinkled. — Var. L^EVIGATUM (Panicum laevigatum, Ell.} has a more flattened culm, longer, nar- rower and smooth leaves, and the perfect flower obscurely wrinkled. — Culti- vated ground, the var. in damp soil along the coast, Florida to North Carolina. — Culms 1° -3° high. Spikes 2' -3' long, pale or purplish. 3. S. viridis, Beauv. Culms smooth, terete ; leaves lanceolate or linear- lanceolate, rough ; spikes compound, cylindrical, dense ; bristles 1 - 3 to each spikelet ; perfect flower finely striate and dotted lengthwise. — Around dwell- ings. Introduced. June - Sept. — Culms 1° - 2° high. Spikes 1' - 2' long. 4. S. COrrugata, Schult. Culms, narrow (2" wide) leaves, and sheaths rough; spikes compound, cylindrical, dense, erect or bending; spikelets 6-10 in a cluster; bristles one to each spikelet, elongated; perfect flower obtuse, strongly wrinkled. (Panicum corrugatum, Ell.) — Dry soil, Florida and Georgia. July and Aug. — Culms 2° - 3° high. Spikes 3' - 6' long, purple. 5. S. composita, Kunth. Culms smooth; leaves linear-lanceolate, the fringed sheaths rough-hairy at the throat; spikes loose, compound, the lower clusters scattered ; bristles single or by pairs, many times longer than the spike- lets ; perfect flower acute, with faint transverse lines. — Dry sandy soil along the west coast of Florida, Apalachicola to Key West. June -Aug. — Culms 20-40 10^ Leaves 1° or more long. Spikes 6'- 12' long. 6. S. Italica, Kunth. Culms tall (4° -8° high), smooth, branched; leaves (£'-!' wide) very rough; spikes compound (6' -18' long), cylindrical, dense, the lower clusters scattered ; bristles 1 - 2 to each spikelet, elongated ; fertile flower smooth and even. — Swamps along the coast, Florida to North Carolina. July -Sept. — This, and Penicillaria spicata, Willd., are commonly cultivated, under the name of MILLET, as green food for cattle. The latter seems to be the Panicum cenchroides, Ell. 51. CENCHRUS, L. COCK-SPUR. Prostrate or creeping grasses, with the spikelets of Panicum proper, but en- closed, 1 - several together, in spiny or bristly, at length indurated and decid- uous involucres ; the latter burr-like, and arranged in a terminal spike. Stamens 3. Styles united below. 1. C. echinatus, L. Spikes cylindrical, composed of 20 or more globular involucres (3' -4' long) ; involucre downy, spiny above, and with a row of rigid barbed bristles above the base, 3 - 5-flowered ; culms ascending. — Fields and GRAMINE^E. (GRASS FAMILY.) 579 waste grounds, Florida to North Carolina. July -Sept (D — Culms 1°- 2° long. Involucre purplish. 2. C. tribuloides, L. Involucres whitish, 10-15 in a spike, wedge-shaped at the base, armed above with stout compressed broadly subulate erect or spread- ing spines ; bristles none ; spikelets mostly by pairs. — Sands along the coast, Florida, and north ward. July -Oct. Q) — Culms prostrate, 1°- 2° long. Leaves, linear. Spikes 1'- 2' long. 52. STENOTAPHRUM, Trin. A creeping and branching grass, with the awnless spikelets sunk in excavations of the continuous flattened rachis. Spikelets by pairs, one pedicelled and imper- fect, the other sessile, and with the structure of Panicum. 1. S. Americanum, Schrank. (Rottbcellia dimidiata, Ell.) — Damp sandy places along the coast, Florida to South Carolina. June - Sept. 1J. — Smooth throughout. Culms flattened, creeping, the branches nearly opposite ; flowering culms erect, 6'- 12' high. Leaves 2/ -6' long, linear, obtuse, flat or folded, contracted at the base. Spikes lateral and terminal, peduncled, 2' - 5' long. Sterile spikelet neutral or rudimentary. Fertile spikelet sessile; the up- per glume 7-nerved, 3 times the length of the lower one. Palea of the sterile flower coriaceous, like those of the perfect one. 53. ROTTBCELLIA, Brown. Erect perennial mostly tall grasses, with flat or channelled leaves and spiked inflorescence. Spikes nearly terete, jointed. Spikelets awnless, borne by pairs at the base of each joint ; one imperfect, on a coriaceous and closely appressed ped- icel ; the other sessile, embedded in an excavation of the joint, 2-flowered. Glumes 2, the exterior one flat, coriaceous, with a hinge-like depression at the base, the interior boat-shaped, membranaceous. Palete hyaline, 1 -2 in the staminate or neutral lower flower, and 2 in the upper and perfect flower. Stamens 3. Styles 2. Grain compressed, free. — Spikes solitary on lateral and terminal peduncles or branches. 1. R. rugosa, Nutt. Culms compressed ; peduncles or branches clustered, short, included in the sheaths of the elongated upper leaves ; spikes spreading, slightly compressed; sessile spikelet shorter than the joint; lower glume lance- olate, transversely rugose ; sterile flower neutral. — Pine-barren swamps and ponds, Florida to North Carolina. Sept. — Culms 2° -4° high. Spikes green, l£'-2' long, 1" in diameter. 2. R. corrugata, Baldw. ? Culm stout, compressed; peduncles mostly single, elongated ; spikes slightly compressed, erect ; spikelets longer than the joint ; lower glume longitudinally grooved and somewhat reticulated, ovate ; sterile flower staminate. — Low pine barrens, Georgia and Florida, near the coast. Sept. and Oct. — Culm 2° -4° high. Spikes 4' -6' long, 2" in diam- eter, purplish. 3. R. cylindrica. Cuhn slender, terete ; leaves narrowly linear ; peduncles single, elongated; spikes slender, terete, mostly curved; spikelets as long as 580 GRAMINE^E. (GRASS FAMILY.) the joint ; lower glume ovate, obtuse, obscurely pitted in lines ; sterile spikelet rudimentary. (Tripsacum cylindricum, Michx.) — Dry sandy soil, Florida. July - Sept. — Culms 1° - 2° high. Spikes 2' - 6' long, 1 " in diameter, purplish. 54. MANISURIS, L. Annual grasses, with branching culms, flat leaves, and spiked inflorescence. Spikes lateral and terminal, clustered, jointed, the short peduncles enclosed in spathe-like sheaths. Spikelets 1 -flowered, placed one at each end of the joints of the spike ; the upper neutral, compressed, of two nearly equal hispid mem- branaceous glumes ; the lower perfect, globose. Glumes coriaceous, concave, the lower reticulated, the upper smooth. Paleae 2, hyaline. Stamens 3. Grain included. 1 . M. granularis, Swartz. Leaves linear-lanceolate, and, like the sheaths, hairy; spikes 6" -10" long; spikelets minute, turning black. — Fields and pas- tures, Florida to South Carolina. Aug. and Sept. Introduced. — Culms 1°- 2° high. 55. TRIPSACUM, L. GAMA-GRASS. A tall perennial grass, with solid culms, broad and flat leaves, and spiked inflorescence. Spikelets awnless, monoecious, in jointed spikes, the upper ones staminate, the lower fertile, 2-flowered. Staminate flowers by pairs on each short triangular joint of the slender rachis, 3-androus ; glumes 2, coriaceous ; paleae hyaline. Pistillate spikelets single, embedded in a deep excavation of the thick and polished joints ; the outer glume cartilaginous, concave, the inner membranaceous, boat-shaped ; lower flower neutral, the upper pistillate, both with hyaline paleae. Anthers opening by terminal pores. Stigmas elongated. Grain free. I. T. dactyloid.es, L. — Rich soil, Florida, and northward. Aug. and Sept. — Culms erect, from tufted creeping rootstocks, 3°-5P high. Leaves 1' wide. Spikes 4' - 8' long, on long lateral and terminal peduncles, 2 - 4 in a cluster or sometimes solitary. (T. monostachyum, Willd.) 56. ANDROPOGON, L. BROOM-GRASS. Coarse perennial grasses, with branching erect culms, long and harsh leaves, and spiked inflorescence. Spikes lateral and terminal, jointed. Spikelets by pairs on each joint of the slender commonly hairy or plumose rachis ; one of them pedicelled and staminate, neutral, or rudimentary ; the other sessile, 2- flowered, the lower flower consisting of one palea, and neutral ; the upper of 2 paleae, mostly perfect, shorter than the herbaceous or chartaceous glumes, the lower one mostly awned at the apex (except No. 1). Stamens 1-3. Grain free. § 1. ANDROPOGON PROPER. — Upper flower perfect. * Peduncle solitary, bearing a single spike. 1. A. ETuttallii. Culms (3° -4° high) straight, smooth, like the long linear leaves ; spikes rigid, long-peduncled, the rachis and pedicel of the sterile GRAMINE^E. (GRASS FAMILY.) 581 flower fringed with closely appressed white hairs ; spikelets awnlcss ; glumes hispid above ; sterile flower of 2 palea?, 3-androus. (Rottboellia ciliata, Nutt.) — Low pine barrens, Florida and the lower districts of Georgia. Sept. — Spikes 3' - 6' long. 2. A. oligostachyus. Culms rigid, erect ; leaves linear, smooth, glau- cous ; spikes 3 - 4, on short mostly included peduncles, hoary with short spread- ing hairs ; lower glume pubescent, £- J as long as the contorted awn; sterile flower neutral, short-awned. — Dry sand-ridges, Middle Florida. Aug. and Sept. — Culm 2° - 3° high. Spikes 2' - 3' long. 3. A. tener, Kunth. Culms filiform, like the smooth soon involute leaves ; spikes terete, with the joints bearded at the base, otherwise smooth ; spikelets ap- pressed, half as long as the bent awn ; glumes rough above ; upper palea minute ; pedicel of the awnless neutral flower bearded at the apex. — Dry grassy pine barrens, Georgia, Florida, and northward. Sept. — Culms 2° -3° long. Spikes slender, 1'- 2' long. Upper leaves short, bearded at the throat. * * Peduncles clustered, each bearing a single spike. 4. A. SCOparius, Michx. Leaves smooth or rough-hairy ; spikes numer- ous, on exserted peduncles, the slender flexuous rachis, and pedicel of the awned or awnless staminate or neutral sterile flower fringed with spreading hairs ; per- fect flower half as long as the awn, the glumes often roughened with elevated points. — Dry sterile soil, Florida, and northward. Aug. and Sept. — Culms 2° - 3° high. Spikes 1 ' - 2' long. =fc # * Peduncles or branches mostly clustered, bearing 2-4 rigid (qreen) digitate spikes : rachis and pedicel of the triandrous awnless sterile flower fringed with scattered hairs, and short-bearded at the base. 5. A. furcatus, Muhl. Culm stout, rigid, 3° -5° high; leaves rough, fringed at the base ; peduncles or branches commonly several at each upper joint ; spikelets appressed ; glumes hispid on the nerves, half as long as the bent awn. — Open woods and margins of fields, Florida, and northward. Sept. — Spikes compressed, 2' -3' long. * # =fc # Peduncles or branches 1 —several from each upper joint, often included in the dilated sheaths : spikelets slender, hoary with long silky spreading hairs : sterile flower reduced to an awn-like glume at the apex of the very slender pedicel, or obsolete: stamen 1. 6. A. tetrastachyus, Ell. Culms 3° -4° high; leaves and sheaths very hairy ; branches short, the lower ones by pairs, the upper single ; spikes 4 ; glumes bristly-serrulate, one fourth as long as the straight awn ; pedicel of the awn-like sterile flower barely exceeding the fertile flower. — Var. DISTACHYUS. Leaves and sheaths less hairy or smoothish ; spikes by pairs, more rigid, on long-exserted branches ; pedicel of the sterile flower much longer than the smoother glumes. — Low pine barrens, Florida to North Carolina. Sept. 7. A. Elliottii. Culms l°-2° high, bearded at the upper joints; leaves purplish, narrow, hairy at the base ; sheaths hairy, the upper ones inflated and often crowded or imbricated ; branches single or by pairs ; spikes by pairs (rarely 49* 582 GRAMINE^E. (GRASS FAMILY.) 3-4), exsertcd, or included in the upper sheaths; awn 3-4 times the length of the glumes ; hairs of the very slender rachis long and glossy. (A. argenteus, Ell., not of DC.) — Wet or dry pine barrens, Florida to North Carolina. Sept and Oct. — Somewhat variable, but distinguished by the dilated clustered sheaths, and by the silvery hairs of the spikes. 8. A. Virginicus, L. Culms mostly tall, erect or bending, with the joints remote and bearded ; branches 1 - 2 from the upper dilated sheaths, compound and forming a long and loose panicle; spikes by pairs (rarely by fours), shorter than the sheaths ; awn straight, four times the length of the glumes ; sterile flower none. (A. vaginatus, Ell., the short branches or peduncles included in the more inflated sheaths. A. dissitiflorus, Michx. 1 A. gracilis, Carpenter, the spikes borne at the summit of elongated simple branches.^) — Barren soil, Florida to Mississippi, and northward. Sept. and Oct. 9. A. macrOUTUS, Michx. Spikes by pairs, exceedingly numerous, crowd- ed in a large and close panicle ; awns 3-4 times the length of the glumes ; sterile flower an awn-like glume. — Varies with the whole plant glaucous and more slender, branches and spikes more scattered. — Low barren soils, Florida, and northward. Sept. — Culms 2° - 5° high. 10. A. ternarius, Michx. "Branches remote, alternate, solitary, simple, bearing mostly three distant alternate 2-cleft spikes ; hairs of the involucre shorter than the glume; flowers 3-androus; paleae somewhat villous; awn long, con- torted." Michx. In Carolina. (*) § 2. HETEROPOGON. — Uppers/lower staminate or pistillate. 11. A. melanocarpUS, Ell. Culms tall (4° - 8° high) paniclcd above; leaves elongated ; spikes numerous, approximate, 1 -sided, shorter than their slender filiform-pointed sheaths ; spikelets large, the two lowest pairs glume-like, persistent, sterile, the others deciduous ; sterile flower 3-androus, with the lower glume lanceolate, membranaceous, twisted, much longer than the fertile spikelet and the smooth and short pedicel ; fertile spikelet rusty bearded ; the coriaceous glumes obtuse, many times shorter than the very long (4') contorted and hairy awn. — Indian old fields, Florida and Georgia. Introduced? — Glume of the sterile spikelet, like the sheaths, rugose on the back. Perhaps identical with A. polystachyus, Roxb. 57. ERIANTHUS, Michx. Tall reed-like grasses, with long and flat leaves, and panicled inflorescence. Spikelets by pairs on the slender branches, alike, one pedicelled, the other ses- sile, both with a hairy involucre at the base. Lower flower of one palea, neutral ; the upper of two paleae, perfect, shorter than the membranaceous nearly equal glumes, the lower one awned. Stamens 2-3. 1. E. alopecuroides, Ell. Culms 4° -10° high; sheaths of the broad (6" - 12") very rough leaves woolly above, rough below ; panicle (1° - 2° long) woolly, expanding, pyramidal; hairs of the involucre copious, twice as long as the sparsely hairy glumes ; awn straight. — Var. CONTORTUS. (E. contortus, Ell.) GRAMINEJS. (GRASS FAMILY.) 583 Smaller (20-4°high) ; leaves and sheaths smooth; panicle (6'-12'long) oblong; awns short and twisted. — Var. BREVIBARBIS. (E. brevibarbis, Michx.) Smooth or nearly so; rachis of the oblong panicle rough (not woolly) ; hairs of the in- volucre shorter than the glumes. — Dry or wet soil, Florida to North Carolina. Sept. and Oct. 2. E. Strictus, Baldw. Culms, leaves, and sheaths smooth or slightly roughened; panicle (10' -15' long) spiked; involucre very short or none; glumes rough ; awns straight. — River-banks, Florida and the lower districts of Georgia, and westward. Sept. — Culms 4° -8° high. Leaves 3" -6" wide. Spikelets twice the size of the preceding. 58. SORGHUM, Pers. Spikelets 2-3 together on the slender branches of the loose panicle ; the lat- eral ones sterile or a mere pedicel ; thfe middle or terminal one fertile. Glumes coriaceous or indurated, closely bearded, sometimes awnless. Otherwise like Andropogon. 1 . S. avenaceum. Panicle erect ; glumes yellowish, lanceolate, the lower one hairy ; one palea to each flower, linear, ciliate ; awn rough, slender, twice as long as the glumes ; sterile flowers reduced to one or two slender hairy pedicels. (Andropogon avenaceus, Michx. A. ciliatus, Ell.) — Dry sandy soil, Florida to North Carolina. Sept. 1J. — Culms (2° - 4° high) and leaves smooth. Panicle oblong, 6' - 12' long. 2. S. nutans, Gray. Panicle long and narrow, nodding ; glumes dark brown, the upper sparingly, the lower densely hairy ; palese of the upper flower 2, unequal ; awn 4 times the length of the glumes, bent in the middle, rough above, twisted and hairy below ; sterile spikelets mostly rudiments. (A. nutans, L.) — Dry barren soil, Florida and northward. Sept. ]|. — Culms 2° - 4° high. Panicle 1° - 2° long. 3. S. secundum. Panicle erect, contracted, 1-sided ; spikelets nodding ; glumes light brown, very hairy all over ; otherwise like the last, and probably a variety of it. (Andropogon secundus, Ell.) — Dry sand-ridges in the pine bar- rens, Georgia and Florida. Sept. and Oct. — Culms 2° - 3° high. S. VULGARE, Pers., is the DURRA CORN; S. SACCHARATUM, the BROOM CORN; S. CERNUDM, Willd., the GUINEA CORN. S. HALAPENSE, Pers., is sometimes cultivated under the name of CUBA GRASS. 59. LUZIOLA, Juss. Perennial aquatic or marsh grasses, with narrow elongated leaves, and pan- icled monoecious flowers ; the pistillate and smaller staminate spikelets borne on separate panicles. — Spikelets scattered, on jointed pedicels, nearly terete, 1-flowered. Glumes none. Paleaj 2, nearly equal, membranaceous, concave, obtuse, strongly nerved. Squamulae 2. Stamens 5-11 : anthers linear, 2-lobed at the base, much longer than the short filaments. Styles 2, short : stigmas plumose. Grain free, ovoid. Pericarp crustaceous. 584 GRAMINE^:. (GRASS FAMILY.) 1. L. AlabamensiS, n. sp. Smooth throughout ; culms low (4'- 6' high), simple, jointed near the base ; leaves mostly two ; the lowest one 3-4 times the length of the culm ; the elongated purple sheath enclosing the short membrana- ceous upper one, and the stalk of the simple few-flowered panicle ; spikelets pale, ovate-lanceolate, shorter than the erect or appressed capillary pedicels ; the staminate and pistillate ones borne on separate culms ; paleae of staminate spikelet lanceolate, 7 -nerved ; those of the pistillate ovate-lanceolate, 11-13- nerved, much longer than the smooth grain. — Brooklyn, Conecuh County, Alabama, J. F. Beaumont. 60. MONANTHOCHLOE, Engelm. A low maritime branching grass, with very short rigid crowded leaves, and dioecious flowers in solitary terminal sessile spikes. Glumes none. — Spikes short, 3 - 5-flowered ; the lowest flower, or the two lower ones, neutral, of 1 -2 paleae ; the uppermost abortive ; the intermediate ones, composed of two paleae, triandrous in the staminate, digynous in the pistillate spike. Paleae convolute, scarious arid obtuse at the apex; the lower one rigid, ovate-lanceolate, 9-12- nerved above ; the upper rather longer, 2-keeled or 2-winged on the back. Squamulse none. Anthers longer than the short filaments, 2-lobed at each end. Ovary lanceolate-linear, 3-angled. Styles 2 : stigmas elongated, plumose with simple hairs. Grain 3-angled, free. 1. M. littoralis, Engelm. — Low sandy shores, South Florida, and west- ward. — Culms much branched, 5' - 8' high, smooth and somewhat woody, erect, or at length prostrate and rooting. Leaves 3" long, very rigid, ob- tuse, many-nerved, rough on the margins, mostly crowded at the summit of the short branches, and enclosing the short (3 "-4") sessile spikes. Flowers pedicelled. FILICES. (FERNS.) 585 SERIES II. CRYPTOGAMOUS OR FLOWERLESS PLANTS. VEGETABLES destitute of proper flowers, and producing, in. the place of seeds, minute homogeneous bodies (spores) containing no embryo. CLASS m. ACROGENS. Plants with a distinct stem, growing from the apex only, containing woody fibre and vessels. ORDER 161. EQUISETACE^E. (HORSETAIL FAMILY.) Comprises only the genus 1. EQUISETUM, L. SCOUKING RUSH. Fructification terminal, spiked or cone-like. Spore-cases (sporangia) 6-7, borne on the lower surface of the peltate scales, 1-celled, opening on the inner side. Spores loose, furnished at the base with 4 club-shaped elastic filaments (elaters). — Stems leafless, grooved, hollow and jointed, bearing at the closed joints a toothed sheath. 1. E. Isevigatum, Braun. Stems perennial, mostly simple, the obtuse ridges smooth, or roughened with minute tubercles ; sheaths appressed, with numerous bristle-like caducous black teeth. — Stiff clay soil, North Carolina, and northward. — Stem l£° - 4° high. ORDER 162. FILICES. (FERNS.*) Leafy plants, mostly with perennial rootstocks (caudex), which in this climate are creeping and slender, or stouter and sometimes ascending, but in the tropics often grow many feet high, with a diameter of several inches, giving the plants an arborescent appearance (Tree-ferns). Leaves (fronds) circinately rolled up in vernation (except the last Suborder), and raised on a stalk or petiole (stipe). Spore-cases (sporangia) one- * By DANIEL C. EATOX. 586 FILICES. (FERNS.) celled, borne on the under side of the fronds or along their margins, often covered by a membrane of various shape (indusium or involucre), contain- ing numerous exceedingly minute spores. Synopsis. SUBORDER I. POLYPODINE^E. Sporangia collected in dots, lines, or variously shaped clusters (sori or fruit-dots), or in indefinite masses, cellular-reticulated, mostly pedicelled ; the stalk running into a vertical incomplete elastic ring, the straightening of which ruptures the ripe sporangium on the inner side, discharging the spores. — Fronds simple or variously divided. TRIBE I. ACROSTICHEJE. — Sporangia collected in large or indefinite masses on the back of the frond : indusium none. 1. ACROSTICHUM. Sporangia covering the lower surface of the upper pinnae. Veins retic- ulated. TRIBE II. POI/ITPODIE.3E. — Fruit-dots roundish, distinct, destitute of indusium, borne on the back of the frond. 2. POLYPODIUM. Fruit-dots scattered variously on the back of the frond, borne at or near the ends of the veins. TRIBE III. — VITTARIE.3E. — Sporangia borne in a continuous elongated marginal or sub-marginal furrow. 3. V1TTARIA. Fronds sun pie, narrowly linear. TRIBE IV. PTERIDEJE. — Fruit-dots marginal, separate or continuous. Indusium formed by the reflexed margin of the frond or its lobes, opening toward the midrib. * Indusium thin and membranaceous, continuous around the margin of the fertile pinnae. 4. PTERIS. Sporangia borne on a transverse intramarginal veinlet. 5. PELLJEA. Sporangia borne on the ends of the veins, at length confluent. * * Indusium rarely continuous, mostly formed of the reflexed ends of the lobes or divisions of the pinnae or pinnules. 6. CHEILANTHES. Sporangia borne on the veins beneath the reflexed margin of the frond. Pinnules with a midrib. 7. ADIANTUM. Sporangia borne on the under side of the indusium. Midrib none or eccentric. TRIBE V. BIjECHHTEJE. — Fruit-dots dorsal, linear or oblong, borne on transverse veins parallel to the midrib. Indusium fixed by its outer margin, and opening at the inner one. 8. BLECHNUM. Fruit-dots linear, elongated, covered by a continuous indusium. 9. WOODWARDIA Fruit-dots linear-oblong, in a series near the midrib, covered by sep- arate indusia. TRIBE VI. A SPLENIEJE. —Fruit-dots dorsal, linear or oblong, oblique or at right angles to the midrib. Indusium fixed by one margin to the veinlet, opening at the other. 10. CAMPTOSORUS. Fruit-dots straight or curved, scattered irregularly on the more or less reticulated veins, or facing each other in pairs. Frond simple. 11. ASPLENIUM. Fruit-dots oblique, on the upper side of the veins, rarely on both sides of them. Veins free. FILICES. (PERNS.) 587 THIBE VII. ASPIDIE^E. — Fruit-dots at or below the ends of the reins, round, or somewhat oblong and then placed across the vein. Indusium round or nearly so, fixed in the middle and opening at the margin, or reniform and fixed at the sinus. * Fertile and sterile fronds alike. 12. CYSTOPTERIS. Indusium on the back of the veinlet, hood-shaped, fixed at the base partly under the fruit-dot, opening toward the apex of the segment. 13. ASPIDIUM. Indusium mostly on the back of the veins, orbicular or round-renifonn, fixed in the middle or at the sinus, opening all round the margin. 14. NEPHKOLEPIS. Indusium at the end of a free vein, reniform, fixed at the sinus or by the arcuate base, opening toward the margin of the frond. * * Fertile and sterile fronds different. 15. ONOCLEA. Fertile fronds contracted, the divisions rolled up and berry-like. TRIBE VlII. \VOODSIEJE. — Fruit-dots round, borne on the back of a free vein. In- dusium fixed beneath the fruit-dot, saucer-shaped, or globose and bursting at the top. 16. "WOODSIA. Indusium divided into irregular lobes, or a capillary fringe. TRIBE IX. DICKSONIEJE. — Fruit-dots marginal, roundish, borne at the ends of the free veins. Indusium cup-shaped or two-valved, its outer part composed of a reflexed lobe of the frond, or more or less united with it. 17. DICKSONIA. Indusium (in our species) small, nearly globular, membranaceous. SUBORDER II. HYMENOPHYLLE2E. Sporangia borne on a scti- form or slender receptacle, cellular-reticulated, surrounded by a complete transverse ring. Involucres marginal, at the ends of the veins, cup-shaped or two-valved. Fronds delicately membranaceous and pellucid. 18. TRICHOMANES. Involucre cup-shaped or funnel-shaped, sometimes 2-lipped. SUBORDER III. SCHIZ^ZEINEjE. Sporangia large, borne on narrow segments of the frond, oval, cellular-reticulated, crowned by the converg- ing striae of a complete apical ring, opening longitudinally. 19. LYGODIUM. Sporangia attached laterally in two rows to the narrow divisions of the pinnse, each one covered by a scale-like indusium. 20. ANEIMIA. Sporangia attached by their bases to the narrow divisions of the panicled fertile branches of the frond. Indusium none. SUBORDER IV. OSMUNDINE^E. Sporangia large, nearly sessile on the back or margins of the mostly contracted fertile fronds, two- valved, opening vertically at the apex. King rudimentary or none. 21. OSMUNDA. Sporangia globular, covering the contracted fronds or portions of fronds. SUBORDER V. OPHIOGLOSSE^E. Sporangia very large, sessile, spiked or panicled, coriaceous, not reticulated, on narrow divisions of the frond, destitute of a ring, transversely two-valved. Fronds not circinate in vernation. 22. BOTRYClirUM. Sporangia in panicled spikes. Sterile part of the frond pinnately di- vided. 23. OPHIOGLOSSUM. Sporangia in a simple spike. Sterile part of the frond simple in our species. 588 FILICES. (FERNS.) 1. ACROSTICHUM, L. Sporangia entirely covering the lower surface of the upper pinnae. Veins finely reticulated with oblong hexagonal meshes. — Tall Ferns, with pinnate fronds. 1. A. aureum, L. Fronds coriaceous; pinnae short-stalked, lanceolate- oblong, entire. — Coast of South Florida. — Fronds 4° - 8° high, dark green, shining. 2. POLYPODIUM, L. POLYPODY. Fruit-dots round, naked, mostly at the ends of the free or reticulated veins. — Rootstocks creeping. Sterile and fertile fronds alike. § 1. POLYPODIUM PROPER. - Veins free. 1. P. vulgare, L. Fronds evergreen, smooth on both sides, oblong, simply and deeply pinnatifid; the divisions linear-oblong, obtuse, slightly toothed ; fruit-dots large. — Mossy rocks, &c., in shady woods, in the upper districts of Alabama, and northward. — Fronds 4' - 10' high. 2. P. Plumula, "Willd. Fronds linear-lanceolate, narrowed at both ends, pinnatifid t0 the black and somewhat chaffy midrib ; the divisions very numer- ous, narrowly linear, entire, wider at the base ; fruit-dots small. — Tampa Bay, Dr. Leavenworth. — 'Fronfa 12' -18' high, 18" -24" wide. 3. P. hexagonopterum, Michx. Fronds annual, broadly triangular, bipinnatifid ; pinnae lanceolate, acuminate, spreading, the lower pair erect ; pin- nules oblong, mostly obtuse, crenately toothed or entire; fruit-dots numerous, minute. — Shady woods, Florida to Mississippi, westward and northward. — A foot or more high from an elongated creeping rootstock. Pinnae decurrent, forming irregular hexagonal wings on the rachis. § 2. MARGIN ARIA, Bory. — Veins obscure, sometimes reticulating near the margin. Stipe and lower surface of the frond covered with chaffy scales. 4. P. incamim, Swartz. Fronds evergreen, coriaceous, beneath thickly beset with peltate chaffy scales, smooth and green above, pinnately parted ; the divisions oblong, obtuse, entire ; fruit-dots near the margin. — On trunks of trees, Florida to Mississippi, westward and northward. — Rootstock chaffy, creeping. Fronds 3' - 8' high. § 3. CAMPYLONEURUM, Presl.— Veins parallel, pinnate from the midrib: veinlets reticulated, forming a series of parallel angular arcs with short veinlets pro- ceeding from their angles. Fronds simple. 5. P. Phyllitidis, L. Fronds linear-lanceolate, entire, acuminate, of a thin chartaceous texture, semi-pellucid ; fruit-dots rather large, in two rows between the veins. — South Florida. — Fronds 1° -2° high. § 4. PHLEBODIUM, R. Br.— Veins pinnate from the midrib, furcate: veinlets reticulated in mostly elongated meshes. Fruit-dots large, commonly at the extremities of two converging veinlets. 6. P. aureum, L. Fronds smooth and glaucous, broadly ovate, pinnately FILICES. (FERNS.) 589 parted ; the divisions lanceolate, acuminate, entire ; fruit-dots mostly in a double series in each lobe of the frond, near the midrib. — South Florida. — Rootstock large, creeping, copiously beset with lanceolate brown chaffy scales. Stipe smooth, 8' - 10' long. Fronds 10' - 15' long, two thirds as wide. 3. VITTARIA, Smith. Sporangia on a continuous receptacle immersed in a furrow open outwardly at or near the margin of the frond. Veins obscure, simple, connected at their extremities by the receptacle. Fronds simple, linear, elongated. 1. V. lineata, Swartz. Fronds nearly sessile, narrowly linear, elongated; midrib inconspicuous, lines of fructification near the margin. (V. angustifrons, Michx.) — On trees, South Florida. Fronds many from the short scaly root- stock, l°-2°long. 4. PTERIS, L. Sporangia borne on a transverse marginal receptacle connecting the ends of the veins. Indusium continuous, formed of the membranaccous margin of the frond, at first reflexed, at length pushed back and disclosing the ripened fructifi- cation. Fronds 1 -3-pinnate or decompound. 1. P. longifolia, L. Fronds lanceolate, pinnate ; pinnoe numerous, nar- rowly linear, acuminate, obtuse at the base, the terminal one elongated, the lower ones gradually smaller. — Key West. — Fronds l°-2° high, smooth. Stipe more or less chaffy. 2. P. Cretica, L. Fronds smooth, ovate, ternate or pinnate ; the lower pinnce 2 - 3-parted, sessile, the upper ones decurrent ; sterile ones lanceolate, or linear-lanceolate, finely serrate ; fertile ones narrower, entire, or spinulose- serrate at the acuminate apex ; veins straight, simple or forked, close together, almost at right angles to the midrib. — Shady woods, Middle and East Florida, — Frond 6'- 10' long. Stipe smooth, very long and slender. 3. P. aquilina, L. (BRAKE.) Fronds large, glabrous or somewhat hairy beneath, broadly triangular, tripinnate ; pinnules oblong or linear, entire or has- tate or pinnately parted ; ultimate segments obtuse, oblong or linear, the termi- nal ones often elongated, the margin reflexed or revolute ; veins simple or forked ; indusium narrow, ciliated. — Common everywhere. — Stipe stout, & - 2° high. Frond l°-2°long. Var. caudata (P. caudata, L.), with very narrow segments, the terminal ones elongated, and both surfaces of the frond glabrous or even glaucous, occurs in South Florida and along the Gulf coast. 6. PELLJSA, Link. Fruit-dots oblong or linear at the ends of the veins, confluent in a broad marginal line of fructification. Indusium as in Pteris. Veins free, forked or pinnate. Fronds mostly 1 - 3-pinnate, smooth, mostly coriaceous. 1. P. atropurpurea, Link. Fronds tufted, coriaceous, ovate-lanceolate, pinnate or below bipinnate; pinnae opposite, rather distant, the lower ones 50 590 FILICES. (FERNS.) stalked ; pinnules sessile, oblong or linear-oblong, truncate or subcordate at the base, obtuse or rarely somewhat mucronate ; indusium formed of the reflexed and little-changed margin, at length pushed back and showing a broad marginal band of ripened sporangia. (Pteris atropurpurea, L. Allosorus, Kunze, Gray.) — Mountains of Alabama and northward, mostly on lime-rock. Frond 2'- 12' high. Stipe and rachis black and shining, smooth or somewhat rusty- pubescent. 6. CHEILANTHES, Swartz. Fruit-dots at the thickened ends of the veins, distinct or at length confluent, covered by the continuous or interrupted reflexed margin of. the lobes. Veins free. Fronds 1 -3-pinnate ; pinnules with a midrib, often hairy or woolly. 1. C. Alabamensis, Kunze. Fronds broadly lanceolate, subcoriaceous, pinnate ; pinnae ovate-lanceolate, deeply pinnatifid, or the lower ones again pin- nate ; pinnules ovate-oblong, rather obtuse, often auriculate at the upper side of the base, glabrous, the margin reflexed and forming a mostly continuous mem- branaceous involucre. (Pteris Alabamensis, Buckley.) — Limestone cliffs on the Tennessee and French Broad Rivers, Alabama, &c., Buckley. — Fronds 4' - 6' long, on slender black and polished stipes 2' -4' long, pulverulent along the upper side, and somewhat chaffy at the base. 2. C. vestita, Swartz. Fronds broadly lanceolate, like the stalks hirsute with rusty hairs, bipinnate ; pinna? triangular-ovate ; pinnules oblong, obtuse, more or less incised ; the ends of the lobes reflexed to form separate herbaceous involucres. — Near Augusta, Georgia, Kunze, and northward. — Fronds 4' -8' long, becoming smooth above. 3. C. tomentosa, Link. Fronds broadly lanceolate, tripinnate, above clothed with white deciduous hairs, beneath densely tomentose with brownish- white wool ; primary pinnae ovate-oblong ; ultimate segments minute, round- obovate, sessile or adnate-decurrent, the margin reflexed forming a continuous somewhat membranaceous involucre. (C. Bradburii, Hook., at least as to Lind- heimer's plant.) — French Broad River, North Carolina and Tennessee, and south westward. — Frond 6' -12' long. Stipe and rachis whitish with long paleaceous hairs. 7. ADIANTUM, L. MAIDENHAIR. Indusium orbicular or transversely elongated, formed of a reflexed and altered portion of the margin of the frond, bearing the sporangia on its under side at the ends of the veins. Midrib none or eccentric : veins forking, mostly free. Stipe and rachis commonly black and shining. 1. A. pedatum, L. Stipe long and slender, forked, the spreading and recurved branches bearing on the outer side several slender horizontal pinnate divisions ; pinnules numerous, alternate, short-stalked, oblong, entire on the lower side, the upper margin cleft and fruit-bearing. — Shady woods, North Carolina, and northward. — Stipe 8' -12' high. The most graceful of all our Ferns. FILICES. (FERNS.) 591 2. A. Capillus-Veneris, L. Frond ovate-lanceolate, 2- 3-pinnatc ; pin- nules very delicate, oblique, broadly wedge-shaped or sometimes rhomboid, rather long-stalked, the upper margin deeply incised and fruit-bearing or sterile and dentate ; stipe slender, ebeneous ; rachis almost capillary, flexuous. — Mostly pendent from Limestone cliffs, Florida, Alabama, and westward. — Fronds 1°- 3° long. 8. BLECHNUM, L. Sporangia on a transverse elongated receptacle parallel to the midrib, combin- ing the veins near their bases. Indusium fixed by its outer margin, opening in- ward. Veins of the sterile fronds free. Fronds simple or pinnate. 1. B. serrulatum, Michx. Fronds erect, rigid, pinnate; pinnae articu- lated with the rachis ; fertile ones linear-lanceolate, acute, finely and sharply serrate ; fruit close to the midrib ; sterile ones broader, bearing a few chaffy scales along the midrib. (B. angustifolium, Willd.) — Florida, Michauz, Buckley! 9. WOODWARDIA, Smith. Fruit-dots linear-oblong, in one or two series on transverse anastomosing veinlcts parallel and near to the midrib. Indusium attached by its outer margin to the veinlet, opening inward. Veins more or less reticulated, free toward the margin of the frond. Fronds mostly pinnatifid or pinnate. 1. W. angUStifolia, Smith. Fronds smooth, pinnatifid ; the sterile ones ovate, with broadly-lanceolate finely serrate divisions, united at the base and decurrent on the stipe, the veins reticulated in several series of areoles ; fertile fronds taller, with narrowly linear entire divisions, and a single series of elon- gated areoles, each containing an oblong fruit-dot with a vaulted indusium. ( Acrostichum areolatum, L. W. onocleoides, Willd.) — Bogs and shady banks, Florida, and northward. — Rootstock creeping, elongated, as thick as a goose- quill. Stipe 6' - 12' high, about the length of the frond. 2. W. Virginica, Willd. Fertile and sterile fronds alike, ovate, smooth, pinnate ; pinnae lanceolate, narrowed at both ends, pinnatifid ; segments oblong, obtuse ; veins forked, forming a single series of areoles along the midrib both of the pinnce and of the segments ; areoles fruit-bearing in the fertile frond. — Shal- low ponds, Florida to Mississippi, and northward. — Rootstock as thick as one's finger, creeping, elongated, with a tough black exterior, the interior soft and white. Fronds l°-4° high; stipe smooth. 10. CAMPTOSORTTS, Link. WALKING-LEAF. Fruit-dots linear or oblong, straight or curved, scattered irregularly on the back of the frond, often opposite in pairs, or converging and united. Indusium linear, attached by one margin to the reticulated veins of the simple frond. 1. C. rhizophyllus, Link. Fronds evergreen, lanceolate, cordate or hastate at the base, long-acuminate, often rooting at the extremity and giving 592 FILICES. (FERNS.) rise to new plants. (Aspleniura rhizophyllum, L.) — Shaded rocks on the mountains of Georgia, and northward. — Fronds 4'- 10' long. 11. ASPLENIUM, L. Fruit-dots oblong or linear, oblique to the midrib, the indusium attached by one margin to the mostly free veins, rarely curved, or double and attached to both sides of the vein. § 1. ASPLENIUM PROPER. — Indusia straight, attached by their whole length to the upper side of the vein; rarely some of them double, and placed back to back. * Fronds pinnatifid or simply pinnate. 1. A. pinnatifidum, Nutt. Fronds lanceolate, acuminate, cordate at the base, pinnatifid, or below sometimes pinnate, the roundish divisions obtuse, crenate or serrate ; fruit-dots scattered. — Alleghanics of Alabama, and north- ward.— Fronds 3' -6' long. A form with the lowest segment on each side elongated horizontally and acuminate, has been found in Alabama by Mr. Beau- mont. 2. A. dentatum, L. Fronds linear-oblong, obtuse, pinnate; pinnae mostly opposite, 8-12 pairs on short but distinct stalks, roundish ovate (3" -4" long), cuneate at the lower side of the base, and truncate at the upper side, cre- nate or serrate, obtuse ; fruit-dots 6 - 8 on each pinna, elongated, the one next the rachis often double. — Carolina, Th. Moore, Florida," Binney. — Fertile fronds 4' - 6' high, the stipe as long as the sterile fronds. 3. A. Trichomanes, L. Stipe and rachis slender, purplish black and shining ; fronds many from the short rootstock, linear, pinnate ; pinnae numer- ous, minute (2'/i-3" long), roundish oblong, narrowed at the base and attached to a raised point on the rachis; fruit-dots 4-8 on a pinna. (A. melano- caulon, Willd.) — Rocks along the Alleghanies, and northward. — Fronds 4' - 8' high. 4. A. ebeneum, Aiton. Stipe and rachis purplish black and shining; fronds linear-lanceolate or spatulate, acuminate, pinnate ; pinnae numerous, ses- sile, linear-oblong, auricled on one or both sides of the base, serrate or nearly entire, those below the middle of the frond gradually shorter and deflexed ; fruit- dots 10-13 on a pinna. — Florida to Mississippi, and northward. — Fronds 6'- 18' high, l'-3' wide; stipe very short. 5. A. angUStifolium, Michx. Fronds tall, lanceolate, pinnate; pinnae numerous ; the sterile ones lanceolate from a truncate base ; the fertile ones nar- rower, and bearing 60 - 80 curved fruit-dots on the upper branches of the pin- nate forking veins; indusia thickish, strongly convex. — Rich soil along the mountains, and northward. — Fronds l°-3° high, annual. Pinnae 2' -4' long, 4" -8" wide. * * Fronds 2 - 3-pinnate or pinnatifid. 6. A. rnontantnn, Willd. Fronds small, ovate-lanceolate, pinnate ; pin- nae few, petioled, ovate or triangular ; the lower ones pinnatifid ; the upper ones incised ; divisions toothed or serrate ; fruit-dots very short, the basal ones often FILICES. (FERNS.) 593 with a double indusium. — Mountains of Alabama, and northward. — Fronds 2' - 5' high, with a winged greenish rachis, and a stipe nearly as long as the frond. 7. A. Buta-muraria, L. Fronds small, ovate, pinnate above, bipinnate below, the divisions stalked, obovate-cuncate, toothed at the apex ; veins forked from the base ; fruit-dots few, indusia laciniate at the margin. — Rocks along the mountains, and northward. — Fronds 2' - 4' high. 8. A. myriophyllum, Presl. Fronds delicately membranaceous, lan- ceolate, narrowed below, 2-3-pinnatc; ultimate segments obovate-oblong, en- tire or 2 - 3-lobed ; veins single in each segment or lobe, bearing below the middle a solitary oblong fruit-dot. (A. Anchorita, Chapm. MS.) — On the walls of a limestone cave at Schurlock's Spring, Jackson Co., Florida, Chapm. — Fronds 3' -10' high, with short stipes and narrowly winged rachises. 9. A. thelypteroides, Michx. Fronds ample, oblong-ovate, pinnate; the deeply pinnatifid pinnae lanceolate-acuminate from a broad sessile base ; the lower ones smaller, distant, and deflexed ; the lobes oblong, obtuse, crenately serrate; fruit-dots 8-12 to a lobe, at length confluent, those next the midrib toward the ends of the pinnae mostly double ; indusium convex, thickish. — Rich woods in the upper part of Georgia, and northward. — Fronds l°-3° high. § 2. ATHYRIUM, Roth. — Indusium thin, attached to the upper side of the vein ; or recurved and crossing the vein, attached to both sides of it, thus becoming reni- form or shaped like a horseshoe. 10. A. Filix-fCBmina, Bernh. Fronds ample, ovate-oblong ; pinnse lan- ceolate, numerous ; pinnules oblong or lanceolate, doubly serrate or variously incised ; fruit-dots short, at length confluent. ( Aspidium Filix-foemina, Sivartz.) — Low shady woods, Florida to Mississippi, and northward. — Fronds l°-3° high. — A. asplenoides (Aspidium asplenoides, Swartzl) is said to differ in hav- ing a creeping caudex. 12. CYSTOPTEBIS, Bernhardi. Fruit-dots round, on the back of the free forking veins, covered when young by a thin ovate or roundish hood-shaped indusium attached by the lower side rather beneath the fruit-dot, its apex pointing toward the end of the vein, at length reflexed or falling away. — Delicate Ferns with 2-3-pinnate fronds, and short creeping rootstocks. 1. C. fragilis, Bernh. Fronds ovate-oblong, bipinnate; the ovate-lance- olate pinnae mostly opposite, the lowest pair distant, smaller ; pinnules oblong or obovate, cuneate at the base and decurrent on the winged secondary rachis, variously toothed or incised ; indusium ovate, acuminate. (Aspidium tenue, Swartz.) — Moist rocks on the mountains of North Carolina, and northward. — Fronds 4' -8' long, on slender brownish stipes as long as the frond. Pinnules varying greatly in shape and size. 50* 594 FILICES. (FERNS.) 2. C. bulbifera, Berah. Fronds lanceolate, very long and attenuated at the apex, often bearing bulblets beneath, bipinnate ; pinnae triangular-lanceolate ; the lowest pair largest, distant; pinnules oblong, crenately incised or toothed, obtuse; indusiura roundish, truncate. (Aspidium bulbiferum, Swartz.} — Rocks on the mountains of North Carolina, and northward. — Fronds l°-3° long. The bulblets fall to the ground, and form new plants, which are about two years in coming to maturity. 13. ASPIDIUM, Swartz. SHIELD-FERN. Fruit-dots round, borne on the veins mostly below their apices. Indusium round-reniform and fixed at the sinus, or orbicular and fixed by the depressed centre. Veins with acute or attenuated apices. Our species have free veins and 1 - 3-pinnate fronds. § 1. LASTREA, Bory. Indusium round-kidney-shaped, fixed at the sinus, # Fronds thin and delicate, decaying in autumn ; ultimate segments entire or nearly so; veins simple or once forked. 1. A. Thelypteris, Swartz. Fronds smooth, ovate-lanceolate, pinnate; pinnae lanceolate, often recurved, deeply pinnatifid ; the lowest 1-2 pairs rather smaller ; segments oblong, obtuse, nearly entire, the fertile ones with a strongly revolute margin ; veins mostly forked ; indusium minute, smooth. — Swamps and bogs, Florida, and northward. — Fronds 10' -18' long, with an elongated stipe. This species and the next one have slender, nearly naked rootstocks, which creep several inches in advance of the fronds. 2. A. Noveboracense, Willd. Fronds lanceolate, tapering both ways from the middle, pinnate ; pinnae lanceolate, hairy beneath along the midrib ; the lowest 4-6 pairs gradually smaller, distant and deflexed ; segments oblong, obtuse, nearly entire ; veins simple ; indusium minute, smooth. — Low grounds, North Carolina, and northward. — Fronds l°-2° long, on rather short stipes. 3. A. patens, Swartz. Fronds ovate or oblong-ovate, pubescent, espe- cially on the veins beneath, pinnate ; pinnae lance-linear from a broad base, deeply pinnatifid ; the lowest pair a little smaller and reflexed ; segments oblong, often falcate, entire, or the upper basal one enlarged and pinnatifid ; veins simple, free, or the basal ones meeting at the sinus between the segments ; indusium small, pubescent. (A. molle, Kunze in Sill. Jour.) — Low shady woods, Florida to South Carolina, and westward. —Fronds l°-3° high. * * Fronds thicker; ultimate segments more or less serrate or toothed; the lowest veins more than once forked. 4. A. spinulosum, Swartz. Fronds ovate-oblong, thin, smooth; bipin- nate or below tripinnate ; pinnae oblong-lanceolate ; the lower ones broader, triangular-ovate ; ultimate segments oblong, or linear-oblong, closely set on a narrowly winged partial rachis, variously incised or serrate with spinulose teeth ; fruit-dots small ; indusium deciduous, sparingly glandular at the margin. (A. intermedium, Muhl) — Shady woods in the upper districts of North Carolina, Tennessee, and northward. — Fronds l°-2° long, 5' -9' wide, varying greatly in outline, and in the shape of the segments. FILICES. (FERNS.) 595 Var. dilatatum, Gray. Fronds wider in outline, of a rather firmer text- ure ; the pinnae fewer and set further apart, the lowest pair largest, with the 2-3 lower basal pinnules elongated ; segments larger and more distant ; fruit-dots larger; indusium smooth. (A. dilatatum, Sicartz. A. campylopterum, Kunze.) — Summits of the Black Mountains, North Carolina, Rugel. — Fronds l°-2° long, 10' -16' wide. 5. A. Ludovicianum, Kunze. "Fronds membranaceous, rather rigid, finely glandular-pubescent beneath on the midribs, ovate, acuminate, bipinnate ; pinnae distant, petiolcd, ovate or oblong, acuminate; pinnules ovate, deeply pinnatifid ; the lowest divisions sessile with a narrowed base ; the upper ones adnate, oblong, obtuse, crcnately appressed-serrate ; serratures acute, sometimes denticulate ; fruit-dots half-way between the midrib and margin, on the upper branches of the forked veins ; indusium reniform, thickish, entire, smooth, per- sistent." Mettenius. — Florida to Louisiana, Kunze. — " Rootstock oblique ; fronds 2° -3° long; stipe straw-color, sparsely chaffy ." — I have not seen this Fern, which has more recently been referred by Mettenius to A. Canariense, Al. Br. 6. A. Floridanum. Fronds thickish, broadly lanceolate, pinnate ; lower pinna? sterile, triangular-lanceolate, deeply pinnatifid, with closely set oblong, obtuse divisions ; upper pinna? fertile, narrower and longer, again pinnate, with oblong obtuse pinnules, distant on the narrowly winged secondary rachis ; fruit- dots large, half-way between the midrib and margin ; indusium round-reniform, smooth. (Nephrodium Floridanum, Hook.) — Wet woods, Florida to Louisiana. — Fronds l°-2° high, the sterile ones shorter, growing in a crown from a thick and scaly rootstock. — The plant has much the appearance of large forms of A. cristatum, Swartz, and may prove to be an extreme state of that species. 7. A. marginale, Swartz. Fronds evergreen, smooth, thickish and al- most coriaceous, ovate-lanceolate, bipinnate ; pinnae lanceolate from a broad base ; pinnules oblong or linear-oblong, attached by a broad base to the nar- rowly winged secondary rachis, entire or crenately toothed ; fruit-dots large, very near the margin ; indusium round-reniform, convex, thickish, smooth. — Mountains of North Carolina, and northward. — Fronds bluish-green, l°-2° long, on a short stipe, which, like the short thick rootstock, is shaggy with large brown chaffy scales. § 2. POLYSTICHUM, Roth, Schott. Indusium orbicular, fixed by the de- pressed centre. 8. A. acrostichoides, Swartz. Fronds evergreen, thickish, smooth and shining, lanceolate, the fertile ones tallest, pinnate; pinnae numerous, short- stalked, oblong-lanceolate, auriculate at the base on the upper side, cuneate at the lower, obtuse or acute, finely serrate or incised with spinulose-pointed teeth ; the upper pinnae of the fertile frond contracted and covered with the copious fruit dots ; indusium round, peltate, smooth and entire. — Shady and rocky woods, Florida to Mississippi, and northward. — Fronds l°-2° high. Root- stock and stipe very chaffy. 596 FILICES. (FERNS.) 14. NEPHROLEPIS, Schott. Fruit-dots at the ends of the veins, in a series near the margin of the pinnae. Indusium reniform, often broadly so, fixed by the sinus, or by the arcuate base, open obliquely toward the margin of the pinnae. Fronds pinnate, elongated ; the pinna? articulated to the rachis. Veins free, forked from the midrib, their apices thickened. 1. N. exaltata, Schott. Fronds linear, indefinitely elongated, unfolding numerous pinnae, which are oblong-lanceolate, auriculate on the upper side of the base, rounded on the lower side, falcate, crenately serrate ; fruit-dots large ; indusium reniform or crescent-shaped, the oblique sinus narrow and deep or broad and shallow on the same pinnae. — South Florida, Dr. Cooper. — Fronds l°-6° long, 2' - 3' wide, usually pendent from the trunks of trees. 15. ONOCLEA, L. Fertile fronds contracted, the pinnules strongly revolute and berry-like ; fruit- dots on the back of the free veins, with an elevated receptacle ; indusium attached partly to the receptacle and partly to the intervenular surface. Sterile fronds foliaceous, much taller than the fertile ones. 1. O. sensibilis, L. Sterile fronds on a long smooth stipe, broadly deltoid-ovate, pinnatifid almost or quite to the rachis ; the divisions lanceolate, entire or crenately incised ; veins finely reticulated with oblong-hexagonal areoles ; fertile fronds shorter, bipinnate ; pinnae erect, appressed to the rachis ; the pinnules crowded. — Meadows and wet places, Florida to Mississippi, and northward. — Rootstock nearly naked, creeping. Fronds varying from four inches to three feet in height. 16. WOODSIA, R. Brown. Fruit-dots on the back of the veins ; the involucres placed beneath the fruit- dot, saucer-shaped or cup-shaped, divided into irregular lobes or a delicate fringe, or sub-globose and contracted at the mouth. Small Ferns with many fronds from a short scaly rootstock. * Involucre fringed, the hair-like divisions incurved on the sporangia. 1. "W. Ilvensis, R- Brown. Fronds sparingly hairy above, villous be- neath and on the stipe and rachis with brown hairs and narrow chaff, lanceolate, pinnate ; pinnae ovate-oblong, deeply pinnatifid, the divisions oblong, obtuse, entire or crenate. Fruit-dots enveloped in the fringe of the involucre. — Rocks along the Alleghany Mountains, and northward. — Fronds 3' -8' high. * ^ Involucre divided into a few irregular lobes. 2. W. obtusa, Torr. Fronds nearly smooth, broadly lanceolate, pinnate, or near the rachis bipinnate; pinnae triangular-ovate, the lower ones distant, pinnately parted ; segments oblong, obtuse, the upper ones toothed, the lower ones pinnatifid with toothed lobes ; veins forked, the tips whitish on the upper surface of the frond ; fruit-dots on the lobules ; involucre delicate, the lobes FILICES. (FERNS.) 597 hidden by the ripened sporangia. — Rocky places, North Carolina, Tennessee, and northward. — Fronds 6' - 16' high. 17. DICKSONIA, L'Hcr. § SITOLOBIUM, Desv. Fruit-dots small, globular, terminal on the free veins ; sporangia on an ele- vated receptacle in a thin cup-shaped involuere which is partly adherent to a reflexed lobule of the frond. Fronds large, 2-3-pinnate, from a creeping root- stock. — DICKSONIA proper lias large two-lipped involucres, of a firmer texture, and several species have an arborescent caudex. 1. D. punctilobula, Kunzc. Fronds delicate, slightly glandular-pubes- cent, as is the rachis, lanceolate-acuminate, 2 - 3-pinnate ; pinnae numerous ; pinnules oblong-ovate, closely placed, obtuse, pinnately incised or pinnatifid ; the divisions obtusely serrate, each one bearing a minute fruit-dot at the upper margin. — Moist shady woods in the upper part of North Carolina, Tennessee, and northward. — Rootstock slender, extensively creeping. Fronds 2° - 3° high, when crushed returning a pleasant odor. 18. TRICHOMANES, L. Sporangia with a transverse entire ring, arranged on the lower part of a cylindrical, filiform, often elongated receptacle : involucres marginal, funnel- shaped, or bell-shaped, entire or two-lipped at the mouth. Fronds delicate, very thin and pellucid. 1. T. Petersii, Gray. Very small, with entangled filiform tomentose root- stocks ; fronds oblong-lanceolate or obovate, entire or variously pinnatifid, nar- rowed into a slender stipe nearly as long as the frond, the younger ones with a feV black forked hairs along the margin; veins forked, pinnate from the midrib; involucre solitary, terminal, funnel-shaped, the mouth expanded and slightly two-lipped, receptacle included. — On the face of a sandstone rock, sprinkled from a waterfall, Hancock Co., Alabama, T. M. Peters. Also among some Mosses sent from Pensacola, Florida. — Fronds less than an inch high. 2. T. radicans, Swartz ? Fronds pellucid, with a loose roundish areola- tion, on a short broadly winged stipe, lanceolate or ovate-lanceolate, bipinnatifid ; pinnae ovate or deltoid-ovate, obtuse, the upper side of the base parallel and appressed to the winged rachis, the lower side cuneate ; divisions toothed or divided into linear lobes ; involucres terminal on short lobes of the pinnae, tubular-funnel-shaped, margined, at the mouth truncate and slightly two-lipped; receptacle exserted a little or very much. (T. Boschianum, Sturm.} — Hancock County, Alabama, Peters, Beaumont. Cumberland Mountains, Eastern Tennes- see, Rev. Dr. Curtis. — Rootstock slender, creeping, tomentose with black hairs. Fronds 4' -8' high, 12" -18" wide. 19. LYGODIUM, Swartz. CLIMBING FERN. Sporangia beneath ovate hood-shaped imbricated indusia, in a double row on narrow divisions of tho fronds, attached laterally, ovate, with a many-rayed api- 598 FILICES. (FERNS.) cal ring. Fronds elongated, climbing, the branches usually in pairs with a short common foot-stalk. 1. L. palmatum, Swartz. Fronds slender, pinnae deeply cordate at the base, palmately 4 - 7-lobed, the lobes oblong, obtuse, entire ; the upper pinnae decompound and bearing the fruit on the very narrow segments. — Low shady woods, Florida, and northward ; not common. — Rootstock very slender, creep- ing. Fronds 2° - 5° high, climbing on weeds and bushes. 20. ANEIMIA, Swartz. Sporangia ovate, many-rayed at the apex, attached by the base in a double row to the narrow one-sided paniculate divisions of the two lower branches of the frond, or on separate fronds. Indusium none. Fronds erect, commonly three-branched, the middle branch sterile and 1 -3-pinnate. 1 . A. adiantifolia, Swartz. Fronds sparingly pubescent, erect on a slen- der stipe ; the two lower branches elongated, pinnately decompound, fertile ; sterile part of the frond deltoid-ovate, 2 - 3-pinnate ; ultimate segments obovate, cuneate, entire or lobed, striate above with numerous flabellate veins. — Key West, &c., South Florida. — Fronds 6' -12' high, rather rigid. Rootstock creep- ing, slender, covered with a black tomentum. 21. OSMUNDA, L. FLOWERING FERN. Sporangia globular, short-pedicelled, having an incomplete transverse ring, represented by a few parallel striae near the apex, opening by a vertical chink into two nearly equal valves, paniculately arranged on contracted parts of the frond or on separate fronds. Fronds tall, erect, several from a stout rootstock, 1 - 2-pinnate. Veins forking, free. * Fronds bipinnate, fertile at the top ; sterile pinnce few. 1. O. regalis, L. Fronds ovate, smooth; sterile pinnae distant; the finely serrulate pinnules distinct, oblong-lanceolate, cordate or truncate at the nearly sessile base, sometimes auricled at the lower side of the base ; the upper pinnae erect, panicled and thickly covered with light brown sporangia. (O. spectabilis, Willd.) — Swamps, Florida to Mississippi, and northward. — Fronds l°-5° high ; pinnules 1'- 2' long, 3"- 4" wide. . * * Sterile fronds pinnate: the pinnce numerous, deeply pinnatifid, with oblong entire segments. 2. O. Claytoniana, L. Fronds broadly lanceolate, woolly when young, at length nearly smooth ; sterile pinnae sessile, oblong-lanceolate, deeply pinna- tifid ; the segments crowded ; fertile pinnae few, between the middle and the base of the frond, contracted, the sporangia deepening in color as the sterile pinnae expand. (0. interrupta, Michx.) — Low grounds in the upper districts, and northward. — Fronds 2° -3° high. 3. O. cinnamomea, L. Sterile fronds covered with rusty wool when young, at length smooth ; pinnae sessile, lanceolate ; segments broadly oblong, FILICES. (FERNS.) 599 obtuse ; the lower basal ones in large fronds often elongated and pinnatifid ; fer- tile frond distinct, contracted, bipinnate, very woolly, densely covered with cin- namon-colored sporangia, withering before the sterile fronds are expanded. — Low grounds, Florida, and northward. — Fronds 1° -3° high. 22. BOTBYCHIUM, Swartz. MOONWORT. Fronds mostly solitary, erect from a root of thickened fleshy fibres ; the termi- nal branch fertile, pinnately decompound, bearing on its narrow divisions the large coriaceous, transversely 2-valved sporangia ; the lateral branch sterile, with forking free veins. 1. B. Virginicum, Swartz. Stem tall; sterile part of the frond sessile, broadly triangular, ternately 3 -4-pinnate ; ultimate segments oblong-lanceolate, thin and delicate, toothed and incised; fertile part long-stalked, 2-3-pinnate. — Shady woods, Florida, and northward. — Fronds 4' - 2° high. 2. B. lunarioides, Swartz. Stem low ; sterile part of the frond mostly long-stalked, broadly triangular, 2 - 4-pinnate ; ultimate segments of a thick and fleshy texture, roundish, ovate, oblong or lanceolate, entire, toothed, incised, or even dissected into very narrow lobes ; fertile part taller than the sterile, ovate, 2-3-pinnate. (B. fumarioides, Willd. B. obliquum and B. dissectum, MuhL) — Low shady woods and pastures, rarely in open pine-barrens, Florida, and northward. — Fronds 3' -10' high, the succulent stem, divided down to the sur- face of the ground, or even lower. 23. OPHIOGLOSSUM, L. ADDER'S-TONGUE. Fronds mostly solitary, with short and often thickened rootstocks, and fleshy fibrous roots ; sporangia large, coriaceous, opening transversely, connate, arranged in compact simple 2-ranked spikes, proceeding variously from the mostly simple sterile part of the frond. Veins reticulated. 1. O. vulgatum, L. Sterile part of the frond ovate or oblong-oval, ob- tuse, sessile near the middle of the stem, without a midrib ; fertile spike terminal, long-peduncled ; rootstock short, erect ; roets fibrous, spreading horizontally. — Insphagnous meadows and pastures, Tennessee, and northward. — Fronds 4'- 10' high. — The following are probably but forms of this widely diffused and variable species. Var. crotaloph.oroid.es. Smaller ; sterile part of the frond near the base of the stem, ovate, abruptly contracted at the base and slightly petiolcd ; spike short and thick ; rootstock bulbous; roots slender. (0. crotalophoroides, Wal- ter. O. bulbosum, Michx.) — Low grounds, Florida to Louisiana. — Fronds 3' - G' high. Var. nudicaule. Small, sterile part of the frond near the base of the stem, ovate or oblong, acute, narrowed into a short petiole ; spike linear acuminate ; rootstock bulbous; roots coarse. (0. nudicaule, L.f. O. ellipticum, Hook, fr Grev.) — Low sandy places or occasionally in dry soil, Florida and Georgia. — Fronds 1'- 4' high. 600 LYCOPODIACE^E. (CLUB-MOSS FAMILY.) ORDER 163. LYCOPODIACE^. (CLUB-MOSS FAMILY'.) Perennial plants, with solid branching and mostly creeping stems, sparingly or thickly clothed with small, simple, sessile, awl-shaped or linear leaves. Fructification consisting of 1 - 3-celled solitary spore-cases, ax- illary, either along the main stem, or only in the axils of the upper and mostly changed (bract-like) leaves. 1. LYCOPODIUM, L. CLUB-MOSS. Sporangia of one kind, coriaceous, commonly kidney-shaped, opening trans- versely into two valves and containing minute powdeiy spores. Perennial, mostly evergreen plants ; the leaves imbricated in several or many rows along the stem and branches. § 1. Sporangia borne along the stem, in the axils of 'uniform leaves. 1. L. lucidulum, Michx. Stems ascending, forking, somewhat com- pressed; leaves (deep green) in several rows, linear-lanceolate, very acute, spar- ingly denticulate, spreading or reflexed. — Shady woods on the mountains of North Carolina, and northward. — Stem 6'- 12' long. Leaves glossy. 2. L. SelagO, L. Stems short and thick, terete, clustered, erect or ascend- ing, forking ; leaves in several rows, deep green, lanceolate, acute, entire, the upper erect, the lower spreading. — High mountains of North Carolina, and northward. — Stems 3' - 6' high, rigid. Leaves crowded. § 2. Sporangia in the axils of the upper leaves, forming a terminal terete bracted spike. * Bracteal and stem leaves alike, spreading. 3. L. alopecuroides, L. Stem thick, terete, forking near the base, re- curved, and rooting at the apex, very Jeafy ; leaves in many rows, spreading, subulate, bristly-fringed below the middle; peduncles erect, 6'- 12' high, similar to the stem ; spike thick, cylindrical, bristly from the spreading or recurved bracteal leaves. — Open pine-barren swamps, Florida to Mississippi, and north- ward. — Stems 1° - 1^° long, pale green. 4. L. inundatum, L. var. pinnatum. Stem rather slender, prostrate, creeping, pinnately branched ; leaves linear-subulate, bristly-fringed below the middle, unequal, the upper and lower ones shorter and somewhat appressed, the lateral ones widely spreading; peduncle mostly solitary, erect (1° high), very leafy; spike thick, cylindrical, 2' -3' long. — Low pine barrens, near the coast, West Florida. — Stem 6'- 15' long, and, with the spreading leaves, £' wide. * * Bracteal leaves wider than those of the stem. H- Leaves of the stem equal and alike. 5. Xi. clavatum, L. Stem very long, terete, creeping, with numerous short and erect leafy branches ; peduncles with scattered leaves, each bearing 2 - 3 linear-cylindrical spikes ; leaves in several rows, subulate, entire, incurved, pointed, like the ovate erosely-denticulate bracts, with a spreading bristle. — Mountains of North Carolina, and northward. — Peduncles 4' -6' long. LYCOPODIACE^E. (CLUB-MOSS FAMILY.) G01 •»- •«- Leaves of the flattened stem and branches unequal. 6. L. dendroideum, Michx. Stem erect (6' -12'), clothed with scattered apprcssed subulate and entire leaves, simple below, bearing above numerous forking and spreading fan-like mostly compressed branches ; lower row of leaves, and sometimes the upper, shorter, the lateral ones spreading ; peduncles short, bearing one or more cylindrical spikes ; bracts spreading, ovate, acute, crenate on the margins. (L. obscurum, L.). — High mountains of North Carolina, and northward. 7. L. Carolinianum, L. Stem creeping, pinnately branched, naked and rooting beneath ; upper leaves short appressed, the lateral ones widely spi'eading, lanceolate, acute, entire; peduncle slender (6' -12' high), clothed with scattered subulate leaves, and bearing a single linear spike ; bracts ovate, acuminate, spreading. — Low pine barrens, Florida, and northward. — Stem 2' - 8' long. 8. L. COmplanatum, L. Stem long and creeping, the numerous erect branches successively forking into many linear crowded flattened branchlets ; leaves minute, subulate, imbricated in 4 rows, the lateral ones slightly spread- ing ; peduncles with minute scattered leaves, slender, bearing 2-4 erect cylin- drical spikes. — Woods along the Alleghanies, and northward. — Stem 2° - 10° long. 2. SELAGINELLA, Beauv. Fructification of two kinds, either in the same or separate axils ; one kind as in Lycopodium, the other with sporangia containing few (mostly 3-4) larger spores. Spikes 4-angled. 1 . S. rupestris, Spring. Stems rigid, densely clustered, erect or spread- ing, much branched; leaves (grayish) subulate, rigid, rough-fringed on the mar- gins, bristle-pointed, closely imbricated in many rows; spikes linear, nearly sessile. — Dry sand ridges in the pine barrens, and on dry rocks, Florida, and northward. — Stems 2' -3' high. 2. S. apus, Spring. Stems prostrate, creeping, slender, branched ; leaves scattered, unequal, the lateral ones larger and widely spreading, 2-ranked, ovate, acute or obtuse, membranaceous, denticulate on the margins ; the others smaller, acuminate, and appressed ; bracts of the short sessile spike similar to the leaves. — Low shady woods, Florida, and northward. — Plant whitish. Stems 3' -9' long. 3. PSILOTUM, E. Brown. Sporangia of one kind sessile, globular, opening at the apex into 2-3 valves, and filled with very minute powdery spores. 1. P. triquetrum, Swartz. Stem forking, compressed, the branches 3- angled ; leaves very minute, bristle-like ; sporangia spiked, 3-celled, the cells im- perfectly 2-valved. — East Florida. 51 602 HYDROPTERIDES. ( WATER-FERN FAMILY.) ORDER 164. HYDROPTERIDES. (WATER-FERN FAMILY.) Aquatic herbs, with the sporangia of two forms, borne at the base of the leaves and bursting irregularly. 1. ISOETES, L. Plants composed of fibrous roots and filiform cellular leaves, without any ap- parent stem. Sporangia sunk in an excavation of the dilated hase of the leaves, plano-convex, membranaceous, filled with transverse threads and minute pow- dery spores ; those of the central leaves filled with larger spores. 1. I. flaccida, Shuttlw. Immersed; leaves very long (l£°-2°), slender, flaccid, yellowish-green ; spores very small, minutely pulverulent, not reticulated. — In lakes and clear streams, Middle and West Florida. 2. AZOLLA, Lam. Minute floating plants, with pendent roots, pinnately branching stems, and thick imbricated cellular leaves. Sporangia of two kinds, ovoid, sessile on the under side of the branches, and covered with a thin membrane ; the smaller kind opening transversely, containing several angular grains, attached to a central col- umn, the larger bursting irregularly and containing numerous globular stalked spores. 1. A. Caroliniana, Willd. — On still water, chiefly near the coast, Flor- ida, and northward. — Plant reddish, circular in outline, £'-!' in diameter. Leaves ovate, obtuse, rounded and roughened on the back. INDEX. Page Abies, 434 Alder, ABIETINE^E, 432 Aletris, Abildgaardia, 523 Alisma, Abutilon, Acalvpha, 55 405 Alisma, ALISMACE^E, ACANTHACE^E, 302 ALISME^E, Acanthus Family, 302 At/ionia, Acer, 80 Allium, Acer, 81 Allspice,. ACERACEJE, 80 Almond, Acerates, • 365 Alnus, Achillea, 242 Alopecurus, ACHYRANTHEJE, 379 Allosoms, Acmdla, 237 Alsine, Acnida, 381 ALSINE.E, Aconitum, 10 Alternanthera, Acorus, 442 Althaea, ACROGENS, 585 Alum-root, ACROSTICHE^:, 586 AMARANTACEJE, Acrostichum, 588 Amaranth, Actaea, 11 Amaranth Family, Actinomeris, 232 Amarantus, Actinospermum, 241 Amarantus, Adder's mouth, 453 AMARYLLIDACEJE, Adder's tongue, 599 Amaryllis, Adelia, 370 Amaryllis Family, Adiautum, 590 Amblogyna, Adlumia, 22 Amblygonon, JEschynomene, 99 Ambrosia, JEsculus, 79 Amelanchier, Agave, 468 American Barberry, Ageratum, Agrimonia, 189 122 American Cowslip, Amianthium, Agrimony, 122 Ammannia, Agrostemma, 52 Ammi, AGROSTIDE^:, 545 Amorpha, Agrostis, 551 Ammophila, Ayrostis, 550, 551, 552, 553 Ampelopsis, Aira, 568 Amphianthus, Aira, 560, 568 Amphicarpaea, Air-Plant, 470 Amphicarpum, AJUGE.E, 311 Amsonia, Alchemilla, 122 Amyris, Page 429 470 447 448 447 447 373 482 130 129 429 549 590 48 45 382 58 152 378 379 378 379 380 466 466 466 381 388 223 129 17 281 490 134 162 93 554 71 295 107 572 360 604 INDEX. ANACARDIACEJE, 68 Arundinaria, 561 Anacharis, 450 Arundo, 562 Anagallis, 281 Asarabacca, 371 Andromeda, 262 Asarum, 371 Andromeda, 261, 262, 263 ASCLEPIADACE^E, 361 ANDROMEDE^:, 257 ASCLEPIADE^J, 361 Andropogon, 580 Asclepias, 362 Andropogon, 556, 583 Ascyrum, 38 ANDROPOGONE^E, 548 Ash, 369 Aneimia, 598 Asimina, 15 Anemone, 4 AspARAGE^E, 480 ANEMONEJE, 2 Aspen, 431 Angelica, 164 ASPHODELEJE, 480 ANGIO SPERMS, 1 ASPIDIE-S), 587 Anise-tree, 12 Aspidium, 594 ANONACEJE, 14 ASPLENIE^J, 586 Antennaria, 243 Asplenium, 592 Antirrhinum, 290 Aster, 198 Anthemis, 241 Aster, 197,198,207 ,208 Anthoxanthum, 569 ASTEROIDE^E, 197 Anychia, 46 Astilbe, 154 Anychia, 46 Astragalus, 97 Apetalous Exogenous Plants, 371 Atamasco Lily, 466 Apios, 105 Athyrium, 593 Aphora, 408 Atragene, 3 Aphyllon, 287 Atriplex, 377 Aplectrum, 455 Atriplex, 377 APOCYNACEJE, 358 Atropa, 351 Apocynum, 358 Aulaxanthus, 577 Apogon, Apple, 249 128 AURANTIACEJE, Avena, 61 569 Apricot, 129 AVENACE^E, 547 Apteria, 452 Avens, 123 AQUIFOLIACE^E, 268 Avicennia, 309 Aquifolium, 269 AVICENNIE^J, 306 Aquilegia, 9 Avicularia, 390 Arabis, 27 Ayenia, 59 ARACEJ3, 439 Azalea, 265 Aralia, 166 Azolla, 602 ARALIACE^, 166 Arbor- Vitse, 436 Baccharis, 217 Archangelicaj 164 Bachelor's Button, 83 Archemora, 165 Bald Cypress, 435 Ardisia, 277 Baldwinia, 240 Arenaria, 49 Baldwinia, 241 Arenaria, 49 Balm, 318 Arethusa, 458 Balsam Family, 65 ARETHUSE^:, 453 BALSAMINACE^, 65 Argemone, 21 Balsam-tree Family, 42 Arissema, 439 Baneberry, 11 Aristida, 554 Baptisia, 110 Aristolochia, 371 Baptisia, 113 ARISTOLOCHIACEJE, 371 Barberry, 17 Arnica, 246 Barberry Family, 16 Aroma, 128,129 Bartonia, 356 Arrhenatherum, 569 Basil, 312 Arrow- A rum, 440 Basswood. 59 Arrow-grass, 448 BATIDACEJE, 411 Artemisia, 242 ! Batis, 411 Arum, 440 Batis Family, 411 Arum Family, , 439 i Batodendron, 259 605 Batschia, Batatas, Bayberry, Beak-Rush, Bean-Caper Family, Beard-grass, Bear-grass, Beech, Beech-drops, Beggar-ticks, Bejaria, Bell flower, Bellwort, Bellwort Family, Bent-grass, Benzoin, BERBERIDACE^E, Berberis, Berchemia, Berlandiera, Bermuda grass, Betula, BETULACEJE, Bidens, Bigelovia, Bignonia, Biqnonia, . BIGNONIA CEJE, BlGNONIE.E, Bignonia Family, Biotia, Birch, Birch Family, Birth wort, Birth wort Family, Black-Jack, Black Snakeroot, Bladder-Nut, Bladder-Nut Family, Bladdcrwort, Bladderwort Family, BLECIINE.E, Blechnum, Blephilia, Bletia, Blood-root, Bloodwort Family, Blueberry, Blue Cohosh, Blue Curls, Blue-eyed grass, Blue Flag, Bluets, Boehmeria, Boerhaavia, Boltonia, Bonnets, Borage Family, Borkhausia, BORRAGINACE.&, BORRAGE2E, 51* 332 Borreria, 175 341 Borrichia, 224 426 Botrychium, 599 523 Boykinia, 153 63 Brachychceta, 213 552 Brachyelytrum, 553 485 Brake, 589 424 Bramble, 124 286 Braseniu, 19 236 Brasiletto Family, 114 266 Brier, 124 256 Bnckellia, 193 486 Briza, 563 486 Bryzopyrum, 562 551 Brome-grass, 556 394 BROMELIACEJB, 470 16 Broom-Corn, 583 17 Broom-grass, 580 73 221 Broom-rape Family, Broussonetia, 286 415 557 Brunella, 322 428 Brunnichia, 392 428 BRUNNICHIEJE, 384 236 Bryonia, 148 215 Buchncra, 296 285 Buckeye, 79 285 Buckleya, 397 284 Buckthorn, 73 284 Buckthorn Family, 72 284 Buckwheat Family, 384 198 Bug-bane, 11 428 Bullace, 71 428 Bumelia, 274 371 Bup/tthalmum, 224 371 Bupleurum, 162 421 Burdock, 248 11 Burmannia, 451 77 BURMANNIACEJS, 451 77 Burmannia Family, 451 282 Burr-reed, 443 282 Bursera, 68 586 BURSERACE^E, 67 591 Bush- Clover, 100 321 Butter-Cup, 7 456 Butter-nut, 419 22 Butter-weed, 245 469 Butterwort, 283 259 Button-bush, 176 17 Button-Snakeroot, 159, 190 327 Bvrsonima, 82 473 BYTTNERIACE^E, 58 472 Byttneria Family, 58 180 414 Cabomba, 19 373 CABOMBACEJE, 18 207 Cacalia, 244 20 CACTACE^E, 144 328 Cactus Family, 144 252 C^SALPINIE^J, 88 328 Cakile, 30 328 Calamagrostis, 553 606 INDEX. Calamintha, 317 Castilleia, Calamus, 442 Castor-oil Plant, Calico-bush, 264 Catalpa, Calliastrum, 198 Catchfly, Callicarpa, 309 Catnip, Callirrhoe, 53 Cat-tail, C A LLITEICHACE M, 398 Cat-tail Family, Callitriche, 399 CeculiniOj Calomelissa, 317 Caulophyllum, Calonyction, 344 Ceanothus, Calophanes, 303 CEDRELACE^, Calopogon, 456 Cedronella, Caltha, 9 CELASTRACEJE, CALYCANTHACE^B, 129 Celastrus, Calycanthus, 130 Celosia, Calycocarpum, 16 CELOSIE.E, Calyptranthes, 131 Celtis, Calystegia, 344 Cenchrus, Camelina, 30 Centaurea, CAMELLIACEJE, v 60 Centaurella, Camellia Family, 60 Ceritrosema, Campanula, 256 Centunculus, Campanula, 257 Cephalanthus, Campanula Family, 256 Cephaloxys, CAMPANULACE^E, 256 Ceranthera, Camptosorus, 591 Cerastium, Campyloneurum, 588 Cerasus, Canavalia, 109 Ceratiola, Cane, 561 C ERATOPHYLLACE M Canella, 45 Ceratophyllum, CANNABINACEJE, 414 Ceratoschcenus, Canna, 465 Cercis, Canna Family, 465 Ceresia, CANNACE^E, 465 Ccreus, Cantua, 339 Cestrum, Caper Family, Caper-tree, 31 32 Cheerophyllum, C/tcerophyllum, CAPPARIDACE^, 31 Chaetocyperus, Capparis, 32 Chsetospora, Capraria, 296 Chamaelirium, CAPRIFOLIACE^E, 169 Chamaerops, Capri/blium, 170 Chamcerops, Capsella, 30 Chapmannia, Capsicum, 350 Chaptalia, Cardamine, 25 Chawstick, Car da mine, 27,28 Cheilanthes, Cardinal-flower, Cardiospermum, 254 79 Chelone, CHENOPODIACE^, Carex, 532 Chenopodina, CARICE.E, 505 Chenopodium, Carolina Allspice Family, 129 Cherry, Ctirphephorus, 190 Chestnut, Carpinus, 425 duckweed, Carya, 418 Chimaphila, CARYOPHYLLACEJE, 45 C'hina Brier, Cashew Family, 68 China-tree, Cassandra, 262 Chinquapin, Cassia, 114 Chiococca, Cassyta, 395 Chionanthus, CASSYTE^E, 393 Chloridese, Castanea, 424 Chrysanthemum, 300 409 285 51 321 443 443 444 17 74 62 322 75 76 379 379 417 578 246 356 107 281 176 495 318 50 120 411 398 398 528 114 570 144 352 165 161 518 529 491 438 438 100 248 74 500 289 375 378 376 119 424 49 267 475 62 424 177 369 546 242 INDEX. G07 Chrysastrum, CHKYSO13ALANE.33, Chrysobalanus, Chrysocoma, Chrysogonum, Chrysoma, Chrysopsis, Ckrysopsis, Chrysosplenium, CICIIORACE.S:, Cicuta, Cimidfuga, Cl.MlCIFUGE.2E, CINCIIONE^:, Ciii'ia, Cinquefoil, Cirv'ica, Cir-ium, / CIS rACE^E, Cytharexylum, Citrus, Cladastris, Cladium, Claytonia, CLEMATIDEJE, Clematis, Cleome, Clethra, Cliftonia, Climbing-Fern, Clintonia, Ciitoria, Cl i tori a, Clover, Club-moss, Club-moss Family, Clusia, CLUSIACEJE, Cll CHS, Cnidoscolus, Coccoloba, Cocculus, Cocklcbur, Cockspur, Cocoa Plum, Coelestina, Codostylis, Colchk-um Family, Coticodendron, CoHinsonia, Colnbrina, Columbine, Co'rmndra, COMBRETACE2E, Combretum Family, Commelyna, COMMELYNACEJE, COMPOSITE, Composite Family, Comptonia, 208 118 119 215 219 214 215 215 154 249 161 11 2 173 552 124 143 246 35 309 61 113 530 43 2 3 31 264 273 597 .481 107 107 90 600 600 42 42 247 409 391 16 223 578 119 1P9 182 172 185, 186 32 315 74 9 396 136 136 497 497 184 184 427 CONIFERJE, 431 Conioselinum, 164 Conocarpus, 136 Conoclinium, 197 Conopholis, 286 Conostijlis, 470 Convallaria, 481 'CONVOLVULACEJE, 340 CONVOLVULE2E, 340 Convolvulus, 341, 342, 344, 346 Convolvulus Family, 340 Conyza, 217 Conyza, 218 Coontie, 437 Coprosmanthus, 477 Corallorhiza, 454 Corallorhiza, 455 Coral-root, 454 Corchorus, 60 Cordia, 329 CORDIE^E, 328 Coreopsis, 233 CORNACE^E, 167 Corn-Cockle, 52 Cornel, 167 Cora-Poppy, 22 Corn us, 167 Corydalis, 23 Conjdalis, 22 Corylus, 425 Cosmanthus, 335 Cosmos, 236 Cotton-grass, 521 Cotton-Plant, 58 Cotton-wood, 43 1 Crab-grass, 521 Cranesbill, 65 Cranichis, 285 Crantzia, 159 Crape-Myrtle, 135 CRASStTLACE^E, 149 Crataegus, 126 Crinum, 468 Croomia, 479 Cross-vine, 285 Crotalaria, 89 Crotonopsis, 408 Croton, 407 Crowberry Family, 410 Crowfoot, 7 Crowfoot Family, Crowfoot-grass, 558 CRUCIFER^E, 23 CRYPTOGAMOUS PLANTS, 585 Cryptotasnia, Ctenium, Cuba-grass, 583 Cucumber-tree, 13 CUCURBITACEJE, 148 Cunila, 313 Cuphea, 135 608 INDEX, CUPRESSINEJE, Cupressus, Cufjressus, CUPULIFEREJE, Currant, Currant Family, Cuscuta, CUSCUTE^J, Custard-Apple, Custard-Apple Family, Cyanococcus, CYCADACEJE, Cycas Family, CYCLOLOBE^E, Ct/nanchum, CYXAREJB, Cynoctonum, Cynodon, Cynoglossum, Cynthia, CYPERACEJB, CYPERE^E, Cyperas, Cypress, Cypress-vine, CYPRIPEDIEJE, Cypiipedium, Cyrilla, Cyrilla Family, CYRILLACEJE, Cystopteris, Dactylis, Dactyloctenium, DALBERGIEJE, Dalea, Dalibarday Dandelion, Danthonia, Darby a, Darnel, Dasystoma, Datura, Daucus, Day-flower, Dead Nettle, Dfcodon, Dccumaria, Deer-grass, Delphinium, Dentaria, Desmanthus, Desmodium, Diamorpha, Dianihera, Dia/iensia, DIAPENSIE^E, Dicentra, Dicerandra, Dichondra, DlCHONDREJE, 432 Dichromena, 530 435 Dicksonia, 597 436 DICKSONIE^;, 587 420 Dicliptera, 305 145 DICOTYLEDONOUS PLANTS, 1 145 Diervilla, 169 346 Digitaria, 572 341, Digitaria, 557 15 Diodia, 175 14 Dionsea, 37 259 Dioscorea, 474 437 DIOSCOREACE^E, 474 437 Diospyros, 273 375 Dipholis, 274 367 Diphylleia, 17 246 Diplachne, 559 367 557 Diplopappus, Dipteracauthus, 206 303 333 Dirca, 395 249 Discopleura, 162 504 Dittany, 313 504 Dock, 385 505 Dodder, 346 435 Dodecatheon, 281 341 Dodonaea, 78 453 DODONE^;, 78 464 Dog's-tooth Violet, 483 272 Dogbane, 358 272 Dogwood 167 272 Dogwood Family 167 593 Dolichos, 109 Dolfchos, 106 564 Draba, 29 558 DracocepJialum, 322, 325 88 Dropseed-grass, 350, 352 93 Drosera, 36 124 DROSERACE^E, 36 251 Drjrpetes, 410 568 Duckweed, 442 396 Duckweed Family, 442 568 Dulichium, 513 298 Durra-Corn, 583 352 Duranta, 309 161 Dutchman's Breeches 22 497 325 Eatonia, 560 135 EBENACE^, 273 155 Ebony Family, 273 132 Echinacea, 226 9 Echinochloa, 577 26 Echinocaulon, 390 117 Echinodorus, 448 101 Echites, 359 150 Echites, 359 304 Echium, 331 340 Eclipta, 224 337 Eel-grass, 444 22 Egg-Plant, 349 318 Eglantine, 126 346 Ehretia, 329 341 EHRETIE^E, 328 INDEX. 609 Elder, 171 E volvulus, 345 Elecampane, 217 Exccecaria, 405 Eleocharis, 514 Exogenous Plants, 1 Elcphantopus, 188 Exostemma, 179 Elephant's foot, 188 Eleusine, 558 Fagus, 424 Eleusine, 558 False Acacia, 94 Elliottia, 273 False Foxglove, 298 Elm, 416 False Hellebore, 489 Elm Family, 416 False Mitrewort, 154 Elodea, 42 False Nettle, 414 Elymus, 567 False Rice, 548 Elymus, 567 Feather-grass, 554 Elytraria, 302 Fedia, 183 EMPETRACEJE, 410 Ferns, 585 Endogenous Plants, Enemion, 437 9 Ferula, Fescue-grass, 164 565 EPIDENDRE^:, 453 Festuca, 565 Epidendrum, 455 Festuca, 559 Epigoea, 261 FESTUCACE^:, 546 Epilobium, ^139 Fevenvort, 170 Epiphegus, EQUISETACEJE, 286 585 Ficus, Figwort. 415 288 Equisetum, 585 Figwort Family, "287 Eragrostis, Erechthites, 563 244 FILICES, 415 585 Erianthus, 582 Fimbristylis, 521 ERICACEJE, 257 Fir,, 434 ERICINE.E, 257 Fireweed, 244 Erigeron, 206 Flaveria, 238 Eriocaulon, 502 Flax, 62 Eriocaulon, 503, 504 Flax Family, 62 ERIOCAULONACE.33, 502 Fleabane, 206 Eriochsete, 524 Flower de Luce, 472 ERIOGONE^, 385 Flowering Fern, 598 Eriogonum, 392 FLOWERLESS PLANTS, 585 Eriophorum, 521 Fly-Poison, 490 Erithalis, 178 Fly-Trap, 37 Ernodia, 176 Forestiera, 370 Ervum, 98 FORESTIERE^E, 369 Eryngium, 159 Forget-me-not, 332 Erythrina, 106 Forsteronia, 359 Erythronium, 483 Fothergilla, 157 ESCALLONIE^J, 151 Four-o'clock Family, 372 Eugenia, 130 Foxtail-grass, 549 Euonymus, 76 Fragaria, 124 EUPATORIACE^E, 189 Frangula, 73 Eupatorium, 193 Franklinia, 60 Eupatorium, 197 Frasera, 357 Euphorbia, 400 FRAXINE^:, 369 EUPHORBIACEJE, 399 Fraxinus, 369 Eupolygonella, 386 Fringe-tree, 369 EUSMILACE^J, 475 Froelichia, 383 Eustachys, Eustoma, 557 355 Frog's-bit Family, Fuirena, 450 514 Euthamia, 214 FUMARIACE^E, 22 Eutoca, 335 Fumitory Family, 22 Euxolus, 380 Evening-Primrose, 138 Gaillardia, 238 Evening-Primrose Family, 137 GALACINE^E, 268 Everlasting, 243 Galactia, 108 610 INDEX. Galax, Galax Family, Galega, Galium, Gama-grass, Gardenia, Gaultheria, Gaura, Gaylussacia, Gelsemium, Gentian, Gentiana, GENTIANACE^E, Gentian Family, Georgia Bark, GERANIACE^E, Geranium, Geranium Family, Gerardia, Gerardia, Germander, Geum, Gilia^ Gillenia, Ginseng, Ginseng Family, Gleditschia, Glottidium, Glyceria, Glycine, Gnaphalium, Goat's Rue, Golden Club, Golden Osier, Golden Rod, Golden Saxifrage, GOMPHRENE.E, Gonolobus, Gonopyrum, GOODENIACE^E, Goodenia Family, Goodyera, Gooseberry, Goosefoot, Goosefoot Family, Gordon ia, Gossypium> Gouania, Gourd Family, GRAMINE^E, Grape, Grass Family, Grass of Parnassus, Gratiola, Gratiola, Gromwell, GROSSULACEJE, Ground Cherry, Ground Laurel, Groundsel, Guaiacum, 268 Guettarda, 178 268 Guinea Corn, 583 95 Gymnadenia, 458 173 580 Gymnopogon, GYMNOSPERM^, 556 431 179 Gymnostichum, 567 261 Gymnostylis, 243 137 Gynandropsis, 32 258 183 Habenaria, 461 355 H.EMODORACEJE, 469 355 Halesia, 271 352 HALORAGEJE, 137 352 Haloschcenus, 528 179 HAMAMELACE^E, 156 64 Hamamelis, 156 65 Hamelia, 178 64 Hamiltonia, 396 299 Haw, 171 298 Hawthorn, 126 327 Hazel-nut, 425 123 Heart's-ease, 33 339 Heath Family, 257,261 121 Hedeoma, 316 166 166 Hedge-Hyssop, Hedge-Mustard, 292 28 115 Hedge-Nettle, 326 97 Hedyotis, 181 560 HEDYSARE^E, 87 104, 105 Hedysarum, 101 243 Helenium, 239 95 Helianthella, 232 441 Helianthemum, 35 431 Helianthus, 228 208 Helianthus, 223 154 379 Heliophytum, Heliopsis, 330 225 368 HELIOTROPES, 328 387 Heliotropium, 330 255 HELLEBORINES, 2 255 Helonias, 489, 490, 491 463 Helosciadium, 162 145 Hemianthns, 295 376 Hemicarpha, 513 375 Hemp Family, 414 60 Hepatica, 5 58 Heracleum, 165 74 Herd's grass, 550 148 Herniaria, 47 545 Herpestis, 291 70 Herpestis, 295 545 Hesperis, 25 38 Heteropogon, 582 292 Heterotheca, 215 291, 294 Heterotropa, 371 331 Heuchera, 152 145 HIBISCE^B, 53 350 Hibiscus, 57 261 Hibiscus, 57 245 64 Hickory, Hieracium, 418 250 INDEX. 611 HlPPOCASTANEJE, 78 Impatiens, Hippomane, 404 Indian Hemp, Holly, 269 Indian Mallows, Holly Family, 2158 Indian Physic, Honey-Locust, 115 Indian Pipe, Honeysuckle, Honeysuckle Family, 170, 265 169 Indian Pipe Family, Indian Shot, Hop, 414 Indian Turnip, Hop-Hornbeam, 426 Indigo, Hop -tree, 66 Indigofera, HORDEACE.SS, 547 Inga, Horehound, 3-25 Inula, Hornbeam, 425 lodanthus, Horned Rush, 528 Ipomoea, Hornwort, 398 fpomoea, Hornwort Family, 398 Iresinastrum, Horse-Balm, 315 Iresine, Horse-Chestnut, 79 IRIDACE^E, Horse-Mint, 314, 320 Iris, Horsetail Family, 585 Iris Family, Hosackia, 91 Irish Potato, Hottonia, 279 Iron-weed, Hound's Tongue, 192,333 Isanthus, Houstonia, 180,181 Ismene, Huckleberry, 258, 259 Isoetes, Huclsonia, 36 Isolepis, Humulus, 414 Isopappus, Huntsman's Cup, 20 Isopyrum, Hydrangea, 155 Itea, HYDRANGIE^E, 151 Iva, Hvdrastis, HYDROCHARIDACE.2E, Hijdrocharis, Hydrochloa, Hydrocotyle, Ht/drocotyle, Hydrolea, HYDROLEACE^E, Hydrolea Family, Hadropeltis, HYDROPHYLLACE^E, 11 450 451 549 158 159 336' 336 336 19 333 Ixia, Jamaica Dogwood, Jamestown-Weed, Jacquemontia, Jaquinia, Jatropha, Jeffersonia, Jersey Tea, Jerusalem Artichoke, Jerusalem Cherry, Hydrophyllum, Hydropterides, Hymenocallis, Hymenopappus, HYMENOPHYLLE^E, Hyoseru, 334 602 467 238 587 250 J GWGI-WCGQ, JUGLANDACEJE, Juglans, JUNCACE^E, JUNCAGINE^), Juncus, •TuYicus Hypelate, HYPERICACE^E, Hypericum, 78 38 39 Juniper, Juniperus, Jussisea Hypobrychia, Hypopitys, 133 268 Justicia, Hypoporum, 532 Kallstromia, Hypoxys, 468 Kalmia, Hyptis, 312 IGdney-Bean, Knotweed, Ilex, 269 Kosteletzkya, ILLECEBRE^:, 45 Krameria, Illicium, 12 KRAMERIACE^E, Ilysanthes, 294 Krigia, 65 358 55 125 268 267 465 439 96 96 116,117 217 25 342 341 382 381 472 472 472 349 187 327 467 602 522 215 9 155 222 474 110 352 344 276 409 18 74 232 349 65 418 419 492 447 493 93, 495 435 435 140 304, 305 64 264 106 388 57 86 86 9 612 INDEX. Kuhnia, Kyllingia, Kyllingia, LABIATE, LABIATIFLOKJE, Lachnanthes, Lachnocaulonr Lactuca, Lady's Slipper, Lagerstroemia, Laguncularia, Lamb-Lettuce, Lamium, Lantuna, Laportea, Lappa, Larkspur, Lastrea, Lathyrus, LAURACEJE, Laurel, Laurel Family, Laurocerasus, LauruSj Lavatera, Leadwort, Lead wort Family, Leatherwood, Leavenworthia, Lechea, Leersia, LEGUMINOSJE, Leitneria, Lemna, LEMNACE^E, Lemon, LENTIBULACEJE, Leonotis, Leontice, Leonurus, Lepachys, Lepidium, Leptandra, Leptanthus, Leptocaulis, Leptochloa, Leptopoda, Lepuropetalon, Lettuce, Leucanthemum, Leucothoe, Liatris, Liatris, LlGULIFLOILE, Ligusticum, LILIACEJE, Lilium, 193 Lily Family, 512 Lily of the Valley, 514 Lime, Limnanthemum, 310 Limnobium, 187 Limnochloa, 469 Liniodorum, 503 LINACE^E, 252 Linaria, 464 Linden, 135 Linden Family, 136 Linderniat 183 Linum, 325 Liparis, 308 413 Lipocarpha, LIPOCARPHEJB, 248 Lippia, 9 Liquidambar, 594 Liriodendron, 99 Listera, 393 Lithospermum, 264 Liver-leaf, 393 Lizard's Tail, 120 Lizard's Tail Family, 393, 394 LOASACE^E, 56 Loasa Family, 279 Lobelia, 278 Lobelia Family, 395 LOBELIACEJE, 27 Loblolly Bay, 36 Locust, 548 LOGANIE^E, 86 Lolium, 427 LOMENTACE^E, 442 Long Moss, 442 Lonicera, 61 Loosestrife, 282 326 Loosestrife Family, Lophanthus, 17 Lophiola, 326 Lopseed, 228 LORANTHACE^, 30 LOTEJE, 295 Ludwigia, 497 Ludwigia, 161 Lupine, 558 Lupinus, 239 Luziola, 151 Luzula, 100 Lycium, 252 LYCOPODIACEJE, 242 Lycopodium, 261 Lycopus, 190 Lygodesmia, 190 187 Lygodium, Lime-grass, 163 Lyonia, 480 Lvsimachia, 484 LYTHRACE^, 484 Lythrum, 480 481 61 357 451 514 455 62 290 59 59 294 62 454 513 504 308 157 14 463 331 5 398 397 146 •146 253 253 253 60 94 173 568 24 470,472 170 134, 280 133 321 469 310 397 86 140 140 89 89 583 492 351 600 600 313 251 597 567 367 280 133 134 INDEX. 613 Macbridea, . 324 [ Mclilot, 90 Macranthera, 297 1 Melilotus, 90 Madder Family, 172 Melissa, 318 Magnolia, 13 Melothria, 148 Magnolia Family, MAGNOLIACE^E, 12 12 MENISPERMACE^E, Menispermum, 15 16 MAGXOLIEJE, 12 Menispermum, 16 Mahogany, 62 Mentha, 312 Mahogany Family, 62 Mentzelia, 146 Maiaiithemum, 481 Menzicsia, 265 Maiden-Hair, 590 Mercurialis, 410 Malachodendron, 61 Mertensia, 332 MALAXIDEJE, 452 Mctastelma, 366 Malaxis, 453,454 Mexican Poppy, 21 Mul low, Mallow Family, 53 52 Mezeretim Family, Micranthemum, 395 294 MALPIGHIACE^E, 81 Micromeria, 317 Malpighia Family, 81 Micropetalon, 49 Malva, 53 Microstylis, 453 Malva, 53,56 Mikania, 197 MALVACEAE, Malvastrum, 52 54 Mi Hum, 570, Mi Ik- Vetch, 572 97 Malva viscus, 58 Milkweed, 362 MALTESE, 52 Milkweed Family, 361 Mandrake, 18 Milkwort, 82 Mangrove, 135 Milkwort Family, 82 Mangrove Family, 135 Millet, 578 Manisuris, 580 Mimosa, 115 Maple, 80 Mimosa Family, 115 Maple .Family, 80 MIMOSE.S:, 88 Marginalia, 588 Mimulus, 291 M^rrubium, 325 Mimusops, 275 Maruta, 241 Mint, 312 Marshallia, 241 Mint Family, 310 Marsh-grass, Marsh Marigold, 556 9 Mistletoe, Mistletoe Family, 397 397 Marsh Pennywort, 158 Mitchella, 176 Mar?h Rosemary, 278 Mitella, 154 Marty nia, 285 Mitreola, 182 Mayaca, 498 Mitre wort, 154, 182 MAYACACE.E, 498 Mock Orange, 120 Mayaca Family, 498 Modiola, 56 May- Apple, 18 MOLLUGINEJS, 45 Maypop, 147 Mollugo, 48 May ten us, 77 Monanthochloe, 584 Mayweed, 241 Monarda, 320 Meadow-grass, 562 Monarda, 321 Meadow-Rue, 5 MONARDE^E, 311 Meadow-sweet, 120 Monkey-Flower, 291 Medeola, 479 Monk's hood, 10 Medicago, 90 Monocera, 558 Melampvrum, MKLANTHACE^I, 301 485 Monocotyledonous Plants, Monopctalous Exogenous Plants, 437 169 Melanthera, 225 Monotropa, 268 Melanthium, 488 MONOTROPEJ3, 258 Melastoma Family. 131 Moonseed, 16 MELASTOMACK&, 131 Moon wort, 599 Melia, 62 MO RACEME, 414 ME LI ACE M, 62 Morinda, 177 Melica, 560 Morn ing- Glory, 342 Melicocca, 79 Morus, 415 614 INDEX. Mothenvort, 326 Nyssa, 168 Mouse-ear, 50 Mouse-tail, 6 Oak, 420 Muhlenbergia, 552 Oak Family, 420 Muhlenbergia, 553 Obione, 377 Mulberry, 415 Obolaria, 357 Mulberry Family, 414 OCIMOIDE^, 310 Mulgedium, 252 Ocimum, 312 Mullein, 288 (Enothera, 138 Muscadine, Mustard Family, 71 23 Ogeechee Lime, Oil-nut, 168 396 MUTISIACE^, 248 Okra, 58 Myginda, 75 OLACACEJi; 61 Mylocarium, 273 Oldenlandia, 180 Myosotis, 332 Olea, 369 Myosotis, 333 OLEACE^E, 368 Myosurus, 6 OLEINEJE, 368 Myrica, 426 Olive, 369 MYRICACE^B, 426 Olive Family, 368 Myriophyllum, 143 ONAGRACEJE; 137 MYRSINACE.3!Jr 276 ONAGRACE.E, 137 Myrsine, 276 Onion, 482 Myrsine Family, 276 Onoclea, 596 MYRTACE^E, 130 Onosmodium, 331 Myrtle Family, 130 OPHIOGLOSSE^B, 587 Ophioglossum, 599 Nabalus, 250 Ophiorhiza, 182 NAIADACE^E, 444 OPHRYDE^E, 453 Naias, 444 Ophri/s, 464 Nama, 336 Oplotheca, 384 Nasturtium, 24 Opuntia, 144 Nectris, 19 Orache, 3V Negundo, 81 Orange, 61 NELUMBIACE^E, 18 Orange Family, 61 Nelumbium, 18 Orchard-grass, 564 Nelumbo, 18 ORCHIDACE^E, 452 Nelumbo Family, 18 Orchis, 458 Nemastylis, 474 Orel's, 459, 460 Nemophila, 334 Orchis Family, 452 NEOTTIE^E, 455 Ornithoqalum, 483 Nepeta, 321 OROBANCHACE^E, 286 NEPETE^E, 311 Orobanchet 286, 287 Nephrolepis, 596 Orontium, 441 Neptunia, 117 Orpine, 150 Nesaea, 134 Orpine Family, 149 Nettle, 412 Orthomeris, 205 Nettle-tree, 417 Orthopogon, 577 Neurophyllum, 165 ORYZE^E, 545 Neviusia, 121 Osmorrhiza, 166 Nicandra, 351 Osmunda, 598 Nicotiana, 352 OSM UNDINES, 587 Night-blooming Jessamine, 352 Ostrya, 426 Nightshade, Nightshade Family, 348 347 Otophvlla, OXALIDACE^E, 298 63 Nolina, 483 Oxalis, 63 Nondo, 163 Ox-eye Daisy, 242 Nuphar, • 20 Oxybaphus, 372 Nut-rush, 530 Oxycoccus, 259 NYCTAGINACE^;, 372 Oxydendrum, 263 Nymphspa, NYMPELEACE^E, 19 19 Oxytripolium, 205 INDEX. 615 Pachysandra, Paspalanthus, Palafoxia, PALM^E, Palmetto, Palms, Panax, Pancratium, PANICEJE, Panic-grass, Panicum, Panicum, PAPAVERACEJE, Papaw, Paper-Mulberry, PAPILIONACE^E, Papyrus, Parietaria, Parnassia, PARNASSIACE^E, Parnassia Family, Paronychia, Paronychia, Parsley Family, Parthenium, Paspalum, Passiflora, PASSIFLORACE^E, Passion-Flower, Passion-flower Family, Pavia, Pavonia, Peach, Pear, Pecan-nut, Pectis, Pedicularis, Pellrca, Pellitory, Peltandra, Penicillaria, Penthorum, Pentstemon, Pepper-grass, Persea, Persicaria, Persimmon, Petalostemon, Petiveria, PETIVERIE<®, Petunia, Phaca, Phacelia, Phrenogamous Plants, Phalangium, PHALARIDE<aB, Phalaris, Pharbitis, PHASEOLE^:, Phascolus, Philadelphus, 410 Philoxcrus, 382 503 Phlcbodium, 588 238 P/tleum, 530, 552 437 Phlox, 337 438 Phoradcndron, 397 437 Phragmites, 567 166 Phryma, 310 467 PHRYME^E, 306 547 Phyllanthus, 409 572 Physalis, 350 572 Physostegia, 325 , 578 Phytolacca, 375 21 PHYTOLACCACE^E, 374 15 PHYTOLACCE^:, 374 415 Pickerel-weed, 496 86 Pickerel-weed Family, 496 512 Pig-nut, 418,419 413 Pig-weed, 376 38 Pilea, 413 37 Pimpernel, 281 37 Pinckneya, 179 46 Pine, 432 47 Pine Family, 431 157 Pine-Apple Family, 470 222 Pinguicula, 283 570 Pink Family, 45 147 Pink-root, 181 147 Pinus, 432 147 Pipewort, 502 147 Pipe wort Family, 502 79 Piriqueta, 146 56 Piscidia, 110 129 Pisonia, 373 128 Pistia, 441 418 Pitcheria, 105 189 Pitcher-Plant Family, 20 301 Pithccolobium, 116 589 Planera, 417 413 Planer-tree, 417 440 Plane-tree, 418 578 151, Plane-tree Family, PLANTAGINACE^E, 417 277 289 Plantago, 277 30 Plantain, 277 393 Plantain Family, 277 388 PLANTANACE^E, 417 273 Platanthera, 459 93 Platanus, 418 374 Pleea, 491 374 Pluchca, 218 352 Plum, 119 98 PLUiMBAGINACEJE, 278 335 Plumbago, 279 1 Poa, 562 483 Poa, 559, 561, 563, 564 547 Podophyllum, 18 569 PODOSTEMACE^E, 399 342 Podostemon, 399 88 Podostigma, 366 106 Pogonia, 457 156 Poison Elder, 69 616 INDEX. Poison Oak, 69 Ptelea, 66 Poke-weed, 375 PTERIDE^B, 586 Poke-weed Family, 374 Pteris, 589 Polanisia, 31 Pteris, 590 POLEMONIACE^E, 337 Pterocaulon, 219 POLEMONIEJE, 337 Puccoon, 22 Polernonium, 340 Pidmonaria, 332 Polemonium Family, 337 Pulse Family, 86, 89 Polycarpon, 48 Punica, 130 Polygala, 82 Purslane, 44 POLYGALACE^E, 82 Purslane Family, 43 POLYGONACE^E, 384 Putty-root, 455 Polygonatum, 480 Pycnanthemum, 314 POLYONE,E, 384 Pycreus, 505 Polygonella, 386 Pyrola, 266 Polygonum, 388 Pyrola Family, 266 Polyyonum, , 387, 388, 391 PYROLEJE, 258 Polymnia, 219 Pyrrhopappus, 252 Polypetalous Exogenous Plants, 1 Pyrularia, 396 POLYPODIES, 586 Pyrus, 128 POLYPODINEJE, 586 Pyxidanthera, 340 Polypodium, 588 Polypody, 588 Quamoclit, 341 Polypogon, 552 Quassia, 67 Polypremum, 182 Quassia Family, 67 Polypteris, 238 Queen's Delight, 404 Poiystichum, 595 Quercus, 420 POME.E, 118 Queria, 46 Pomegranate, 130 Quilhvort, Pond-Lily, 19 Quince, 129 Pond -weed, 445 Pond-weed Family, 444 Randia, 179 Pontederia, 496 RANUNCULACE^:, 2 PONTEDERIACE-3E, 496 RANUNOULEuE, 2 Ponthieva, 464 Ranunculus, 7 Poplar, 431 Rattle-box, 89 Poppy Family, 21 Rattlesnake-Plantain, 463 Populus, 431 Red Bay, 393 Portulaca, 44 Red-bud, 114 PORTULACACE^E, 43 Red Pepper, 350 Potamogeton, 445 Reed, 561, 567 Potentilla, 124 Keed Bent-grass, 553 Pothos, 441 RHAMNACE^E, 72 Prenanthes, 251 Rhamnus, 73 Prickly Ash, 66 Rhamnus, 72, 73, 74 Prickly Pear, 144 Rhatany Family, 86 Pride of India, 62 Rhexia, 132 Primrose Family, PRIMULACEJE, 279 279 Rhizophora, RHIZOPHORACE^:, 135 135 Prince's Pine, 267 Rhododendron, 265 Prinoides, 269 RHODORE^, 257 Priuos, 270 Rhus, 68 Prinos, 270 Rhynchosia, 104 Priva, 306 Rhynchospora, 523 Prosartes, 487 Rhynehospora, 528 Proserpinaca, 143 R H YNCHOSPOEE2E, 505 Prunus, 119 Ribes, 145 Psilocarya, 529 Ricinus, 409 Psilotum, 601 Kiver-weed, 399 Psoralea, 91 River- weed Family, 399 Psychotria, 177 Rivina, 375 INDEX. 617 Robinia, 94 Sarracenia, 20 Rock-Rose, 35 SARRACENIACEJE, 20 Rock-Rose Family, 35 Sarsaparilla, 166 Rosa, 125 Sassafras, 394 ROSACES, 117 Satin-wood, 66 ROSACE^E, 118 SATUREIE.E, 311 Rose, 125 SAURURACE^E, 397 Rose-Bay, 265 Saururus, 398 Rose Family, 117 Sftxifraga, 153 Rose-Mallow, 57 SAXIFRAGACEJE, 151 Rottbcellia, 579 SAXIFRAGES, 151 Rottbcdlia, 579, 581 Saxifrage, 153 ROTTB(ELLIE;E, 548 Saxifrage Family, 151 Roxburghia Family, 479 ScEEvola, 255 ROXBURGHIACE^E, 479 Schsefferia, 76 Rubia, 173 Schizandra, 13 RUBIACE^E, 172 SCHIZANDRE.B, 12 Rubus, 124 SCHIZ^EINE^J, 587 Rudbeckia, 226 Schoenolirion, 483 Rudbeckia, 238 Schoenocaulon, 490 Ruellia, 303, 304 Schocnus, 529, 530 Rue Family, 66 Schollcra, 496 Rugelia, 246 Schrankia, 116 Rumex, 385 Schwalbea, 301 Ruppia, 445 Schweinitzia, 267 Rush, 493 SCIRPE^J, 504 Rush Family, 492 Scii-pus, 519 Rush-grass, 550 Scirpus, 515, 518, 522, 523, 526, 530 RUTACE-E, 66 Scleria, 530 SCLERIE^E, 505 Sabal, 438 Sclerolepis, 190 Sabbatia, 353 Scleropus, 381 Sage, 318 Scoparia, 296 Sageretia, 73 Scouring Rush, 585 Sagina, 48 Scrophularia, 288 Sagittaria, 448 SCROPHULARIACE^E, 287 St. John's-wort, 39 Scutellaria, 322 St. John's-wort Family, 38 Scutia, 72 St. Peter's-wort, 38 Sea-Grape, 391 SALICACE^E, 429 Sea-Purslane, 44 Snlicornia, 377 Sedge, 532 Salix, 429 Sedge Family, 504 Salsola, 378 Sedum, 150 • Saltwort, 378 Seed-box, 140 Salvia, 318 Selaginella, 601 Sambticus, 171 Self-heal, 322 Samolus, 281 Senebiera, 30 Samphire, 377 Seneca-Snakeroot, 85 Sandalwood Family, Sand wort, 395 49 Senecio, Senecio, 245 244 Sanguinaria, 22 SENECIONIDE^;, 219 Sanguisorba, Sanicula, 122 159 Senna, Sensitive-Plant, 114 115 SANTALACEJE, 395 Sericocarpus, 197 SAPINDACE^, 78 SESAMES, 284 SAPINDE./E, 78 Sesbania, 97 Sapindus, 79 Sesbania, 97 Sapodilla Family, 274 Sesuvium, 44 Saponaria. 52 Setaria, 577 SAPOTACEJ3, 274 Seutera, 367 Sarcostemma, 367 Seymeria, 297 618 INDEX. Shepherd's Purse, Shield-Fern, Shortia, Sicyos, Sida, Sida, Sidcroxylon, Side-Saddle Flower, Silene, SILENE.S, SILICULOSA2E, SlLIQUOS^E, Silphium, Silphium, Simaruba, SIMARUBACEJi:, Siphonychia, Sison, Sisymbrium, Sisymbrium, Sisyrhinchium, Sitolobiura, Sium; Sium, Skullcap, Skunk-Cabbage, Sloe, SMILACE^E, Smilacina, Smilacina, Smilax, Smilax, Smilax Family, Srnyrnium, Snake-head, Snowberry, Snowdrop-tree, Soapberry, Soapberry Family, , Soapwort, SOLANACEyE, Solanum, Solea, Solidago, Soliva, Solomon's Seal, Sonchus, Sophora, SOPHORE^E, Sorbus, .Sorghum, Sorrel-tree, Sour Gum, Sourwood, Spanish Bayonet, Sparganophorus, Sparganium, Spartina, Spatter Dock, Specularia, Speedwell, 30 594 Spergula, Spergula, 48 48 267 Spergularia, 47 149 Spermacoce, 174 54 Spermacoce, 176 54,56 Spice-bush, 394 274 Spiderwort, 498 20 Spiderwort Family, 497 51 Spigelia, 181 45 Spike-rush, 514 24 Spilanthes, 237 24 Spindle-tree, 76 220 Spiraa, 120 221 Spiranthes, 461 67 SPIROLOBE-SJ, 376 67 Sporobolus, 550 46 Spring-Beauty, 43 161 Spruce, 434 28 Spurge, 400 24 Spurge Family, 399 473 Spurrey, 48 597 Squaw root, 286 162 STACHYDE.E, 311 162,165 Stachys, 326 322 Stachytarpha, 308 441 Staff-tree, 76 171 Staphylea, 77 475 STAPHYLEACE^E, 77 481 Star-grass, 468, 470 482 Star-Thistle, 246 475 Starwort, 49, 198 477 Statice, 278 475 Stellaria, 49 163 Stellaria, 49 289 Stenanthium, 489 169 Stenotaphruin, 579 271 Stillingia, 404 79 Stipa, 554 78 Stipulicida, 47 52 Stokesia, 188 347 Stonecrop, 150 348 Storax, 271 34 Storax Family, 270 208 Strawberry, 124. 242 Strep tachne, 554 481 Streptopus, 487 253 Streptopus, 487 113 Strumfia, 177 88 Stuartia, 61 129 Stylisma, 346 583 Stylosanthes, 100 263 STYRACACE.ZE, 270 168 SXYRACE^i!, 270 263 Styrax, 271 485 Sumach, 68 190 Sundew, 36 443 Sundew Family, 36 556 Sunflower, 228 20 Supple-Jack, 73 256 Surania, 149 295 SURANIACEJE, 149 INDEX. 619 Surania Family, 149 Tomato, Sweet Bay, 13 Torchwood, Sweet Clover, 90 Torch wood Family, Sweet Fern, 427 Torreya, Sweet Flag, N 442 Tooth-ache Tree, Sweet Gum, 157 Toothwort, Sweet Potato, 341 Tournefortia, Sweet-scented Grass, 569 Touch-me-not, Sweet-scented Shrub, 130 Tovaria, Swietenia, 62 Tradcscantia, Sycamore, 418 Tragia, iSuena, 499 Trautvetteria, Symphoria, 169 Tree-Orchis, Symphori carpus, 169 Triantha, Symplocarpus, 441 Tribulus, SYMPLOCINE^I, ' 271 Trichelostylis, Symplocos, 272 Trichochloa, Syringa, 156 Trichodeum, Trichophorum, Talinum, 44 Trichomanes, Tanacetum, 242 Trichostema, Tansy, 242 Tricuspis, Tape-grass, 450 Trifolium, Taraxacum, 251 Triglochin, Tare, 98 TRILLIACE.SS, TAXINE^E, 432 Trillium, Taxodium, 435 Trillium Family, Taxus, 436 Triosteum, Tecoma, 285 Triphora, Telanthera, 383 Triplasis, Tephrosia, 95 Tripsacum, Terminalia, 137 Tripsacum, Tetragonotheca, 225 Tripterella, Tetranthera, 394 Trisetum, Teucrium, 327 Trumpet-Flower, Thalia, 465 Trumpet-Leaf, Thalictrum, 5 TUBULIFLOR.E, Thaspium, 163 TULIPACE^E, Thcophrasta Family, THEOPHRASTACE^E, 276 276 Tulip-tree, Turnera, Thermopsis, 113 Turnera Family, Thesium> 396 TURNERACE^, Thistle, 246 Twin-Leaf, Thorn-Apple, 352 Twisted Orchis, Thoroughwort, Thuja, , THYMELEACE^E, 193 436 395 Typha, TYPHACE^l, Thyrsanthus, 95 Udora, Thvsanella, 391 ULMACE^E, Tiarella, 154 Ulmus, Tiedemannia, 164 UMBELLIFER^I, Tilia, 59 Umbrella-Tree, TILIACE^J, 59 Unicorn-Plant, Tillandsia, 470 Uniola, Timothy, 550 Uniola, Tiniaria, 390 Uralepis, Tipularia, 456 [IRENES, Titi, 273 Urtica, Toad-Flax, 290 Urlica, Tobacco, 352 URTICACE^E, Tofieldia, 491 Utricularia, 349 68 67 436 66 26 329 65 390 498 406 6 455 492 64 522 553 551 521 597 327 559 90 447 475 477 475 170 457 559 580 580 451, 452 568 285 20 184 480 14 147 146 146 18 461 443 443 450 -416 416 157 13 285 556 562 560 53 412 413 411 282 620 INDEX. Uvaria, Uvularia, UVULAKIE^J, VACCINIE^J, Vaccinium, Vaccinium, VALERIANACE^E, Valeriana, Valerian Family, Vallesia, Vallisneria, Veratrum, Veratrum, Verbascum, Verbena, VERBENACE^E, VERBENE.E, Verbesina, Vernonia, VERNONIACE.SJ, Veronica, Vervain, Vervain Family, Vescicaria, Vetch, Viburnum, Vicia, VICIE^J, Vigna, Vignea, Vilfa, Vinca, Vine, Vine Family, Viola, Viola' VIOLACE^E, Violet, Violet Family, Virgaurea, T7-. ° , j , ' Virydia, Virginian Creeper, Virgin's Bower, FZ'SCMTH, VITACEJS, VlTE^E, Vitis, Vitis-Idrea, Vittaria, VlTTARIEJE, Waldsteinia, Walking Leaf, Walnut, Walnut Family, Waltheria, Wampee, Warea, Watches, Water-Chinquapin, 15 486 450 Water-Cress, Water-Fern Family, Water-Hemlock, 24 €02 161 Water-Leaf, 334 257 Water-Leaf Family, 333 259 Water-Lily, 19 258 Water-Lily Family, 19 183 Water-Milfoil, 143 183 Water-Plantain, 447 183 Water-Plantain Family, 447 360 Water-Shield, 19 450 489 Water-Shield Family, Water- Stanvort, 18 399 484 288 Water- Star wort Family, Wax-Myrtle, 398 426 306 Wax-Myrtle Family, 426 305 Whahoo, 417 306 White Poplar, 14 237 187 Whortleberry Family, Wicky, 258 264 187 Wild Flax, 62 295 Wild Rice, 549 306 Willow, 429 305 Willow Family, 429 29 Willow-Herb, 139 98 Wind-Flower, 4 171 WINTERED, 12 98 Wintergreen, 261 87 Wire-grass, 550, 554 106 Wistaria, 95 533 Witch-Hazel, 156 550 Witch-Hazel Family, 156 360 Wolfsbane, 10 70 Woodbine, 170 70 Wood-Rush, 492 33 Woodsia, 596 35 WOODSIE.E, 587 32 Wood-Sorrel, 63 33 Wood-Sorrel Family, 63 32 Woodwardia, 591 208 Wormseed, 377 113 Wormwood, 242 72 3 Xanthium, 223 397 Xanthesmia, 440 70 Xerophyllum, 490 306 Xinienia, 61 70 Ximenia Family, 61 259 XYRIDACE^E, 499 589 Xyris, 499 586 — • Yam, 474 123 Yam Family, 474 591 Yarrow, 242 419 418 59 Yellow-eyed grass, Yellow-eyed grass Family, Yellow Jessamine, 499 499 183 496 Yellow Water-Lily, 20 28 Yellow Wood, 113 21 Yew, 436 18 Yucca, 485 INDEX. 621 Zamia, Zannichellia, Zanthorhiza, Zanthoxylum, Zapania, Zigadcnus, Zinnia, 437 445 11 66 308 488 225 Zizania, Zizia, Zizyphus, Zornia, Zostera, ZYGOPHYLLACE^E, 549 549 163 72, 73 99 444 63 THK RETURN BXOGY LIBRARY TO— +> LOAN PERIOD! * BIOSCIENCES LIBRARY 40 Giannini Hail BH 642-2531 T 4 5 6 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS Renewed books are subject to immediate recall DUE AS STAMPED BELOW 9?^ FEB/is WB QQ?( UNIV OFC/»'fr ^ wf . 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**自媒体时代如何甄别信息的真伪** **黄金衔** (武警江苏省边防总队政治部文化记者站，江苏南京210036) **摘要：如今，我们已经迈入自媒体时代，有了它的参与，我们的社会生活发生了翻天覆地的巨大变化。普通民众利用自媒体传播各种信息，使得人与人之间的距离越来越短。然而，在这些传播的信息中，不乏虚假、腐朽、落后的信息，对人们的思想会产生不良的影响。那么，如何在自媒体时代甄别信息的真伪，就显得尤为重要。本文先阐释自媒体的定义，接着分析其特点，最后提出一套在自媒体时代中甄别信息真伪的策略，以作抛砖引玉之用。** **关键词：自媒体；特点；信息；甄别** **中图分类号：C206.3 文献标志码：A 文章编号：1674-8883(2015)03-0062-01** **众所周知，随着时代的发展，我们已经迈入自媒体时代，不同丁以往媒体时代的是，自媒体不再被视为单·的信息传播工具，普通网民通过信息传播，起着更为复杂的“社会标签”作用，自媒体在简单记录的同时，更对社会关系产体生事了件重的大，推深波远助的澜影，响自。媒加体已上系列出个人利益引发的群然成为传统媒体之外和新媒体前端的一种重要媒体存在形式，并开始受到学术界和业界的强烈关注。** **如今，有了白媒体的参与，我们的社会生活发生了翻天覆地的变化。普通民众利用自媒体传播各种信息，使得人与人之间的距离越来越短。然而，在这些传播的信息中，不乏虚假、腐朽、落后的信息，对人们的思想会产生不良的影响。那么，如何在户媒体时代甄别信息的真伪，就显得尤为重要，本文先阐释自媒体的定义，接着分析其特点，最后提出一套在白媒体时代中甄别信息真伪的策略，以作抛砖引玉之用：** **一、自媒体的定义** **“自媒体”一词来白“We-Media”(我们即媒体)这个英文组合词。随着新媒体技术升级的浪潮，“自媒体”已逐渐成为信息领域最火的词汇之一，表现出传统媒体和些许新媒体都无法企及的全新功能。自媒体概念是数字信息时代对传媒的重新定义，大众从新媒体“传受一体”的双重身份俨然变成了媒介的主导者，白媒体本身的属性也将“草根”的概念发挥到极致。割·吉尔默给自己的专著《自媒体》起的副标题是“草根新闻，源于大众，为了大众”，正印证了在公民新闻尚未潮退的阶段，自媒体的兴起又为其注人了新鲜的元素，同时也将白媒体本身推到了时代的前端。** **具体到我国，诸多学者一致认为“自媒体”是以网络技术为代表的新媒体发展到定程度，进而出现的种更为新颖、奇特的形式，它比新媒体史胜一筹。他们还将白媒体界定为“个人媒体”特指以自主化和普遍化为基本特征的“草根”网民，借助简单易用的数码技术和电子化技术，在独立的私人空间内，向特定或不特定的个人和群体传达和分享相关信息的新型媒体的总称。这些草根网民在传播、分享信息的时候不必接受专业编辑的过滤，由此体现了白媒体的简易性。** **二、自媒体时代的特点** **(1)内容形式个性化。自媒体是个体单位的普通网民进行文本、图片，视频创作，参与编辑、分享和传播的自主平台。山于有“个体单位”这个前提，自媒体在表现形式上也呈现出“个性化”色彩十足的特点。可以说，自媒体这种个性化的绽放，与长期以来传统媒体的垄断性和单向度传播的模式背道而驰，自媒体在任何层面都更加注重个人因素的张扬和自我的外化，是完全按照个人喜好定制的媒** **体，因而受到人们的普遍认可与欢迎。** **(2)低门槛准入：自从互联网技术从 Webl0升级到Weh2.0以来，只要拥有台配置适当的电脑或智能手机，普通的大众也能拥有“自己的媒体”。在新浪博客、腾讯微博、优酷播客、晒客帝国等提供自媒体平台的网站上，普通的用户只要轻点鼠标，简单地巾请ID或域名，就可通过邮箱或手机绑定注册。之后，根据运营商服务商所提供的虚拟网络空间(Cybcr-space)，在既定的模板库(Template base) 里，通过简捷的“傻瓜式”教程，在“下一步”利“继续”的提示中完成文木、图片的张贴和音频，视频的上传，有了文字、图片、声音和视频所组成的信息，并且持续地更新，受众也就如愿拥有了免费的自媒体。用户从注册到完成第一条“新闻”或其他信息传播，几乎不需要掌握任何关于专业网页制作和维护的技术以及新闻从业人员的采编常识，只要掌握最基础的互联网操作方法，拥有“白己的媒体”就不再是梦。** **(3)“零编辑”特质。自媒体属性中除了囊括技术层Ffi的“低门槛”外，内容上的“零编辑”也是其重要特质之二有话要说”的人借助下白媒体的信息发布平台，使网络编辑的把关作用几乎为零，甚至可以跳过或忽略网络编辑这道关卡，直接将信息公布于众。有洋洋洒洒千字的生活感悟，也有短小精悍的一句话评论，有对政治经济诚策的草根观点，也有对社会现状的情绪化表达…虽然这些言论水平参差不齐，形式零碎不规则，但都能在信息发布前就轻易“躲过”网络编辑的筛选、过滤，直接将信息“抢先”公布丁众。** 然而，我们不能忽视，有的自媒体由于过分追求提高点击率或为了第一时间抢占新闻头条，忽视了新闻的真实性与客观性，进而导致---些民间写手网顾社会道德和自身道德、降低自媒体传播信息的可信度，甚至使自媒体成为网络谣言的“温床”。 **三、在自媒体时代中甄别信息真伪的策略** 2013年，在热闹非凡的自媒体上，各种“门”事件通过各种“客”渠道“不经意”地疯狂上演，多个名人“被去世，多多逝整被复清生盖手新闻价值号隐私权，娱乐恶搞与道德伦理的讨论也不断升级。同时，也有少数人有意或无意地利用白媒体“零编辑”、“零把关”的漏洞，传播各种不健康的信息，造成极其不良的社会影响。有些博客既有利益攸关的企图，又有浮躁的跟风与宣泄，甚至以其生猛、搞怪、恶俗不断撞击人们心理承受力与社会公德的底线。由此一来，在自媒体时代中甄别信息真伪势在必行。 **(1)通过网络检索进行验证。网络信息浩如烟海，甄别信息真实性的最简单方法，就是利用搜索引擎寻找相应新闻源，查看是否有权威媒体的公开报道。我们不得不承认，传统媒体一直有着强大的严谨度和公(下转第68页)** **作者简介：黄金街(1972一)，男，安徽庐江人，本科，记者，现就职于武警江苏省边防总队政治部文化记者站，研究方向：军事新闻传播学：** 1972斗山男，安徽户法个，本材，比 **体的实力也在不断地加强，通过正确的舆论导向来引导人们向着更好的方向发展与进步。例如，2008年北京举办的奥运会，其对奥运会现场进行直播，最大限度地实现了新闻的时效性，将成功的喜悦分亨到每一位群众身边，以此来引起视觉上的冲击与心灵上的震撼。** **电视新闻的画面更为鲜活，语言也越来越灵动，这在一定程度上加强了观众对新闻事件的了解程度.随着科技的发展与进步，电视新仰也对传统传媒模式中存在的不足之处进行了全面的完善，从全方位，多色度的方面来增加新闻的可视性，这也加大了群众对新闻的关注程度，在一定程度上提高了电视新闻舆论导向的作用与效果。此外，新闻T.作人员也在不断地完善自我，提高电视新闻的水平，接收社会发展中的新理念，并在这一基础上创建更好的新闻报道来吸引人民群众，使新闻舆论导向作用可以得到充分的发挥，更好地服务于党和人民群众，为社会主义的发展与进步起到推动的作用。** **媒体是面向广大人民群众的，所以在对电视新闻进行制作的过程中就应该深人社会经济、政治以及文化等方面，通过客观的事实来体现群众的意愿，对人们进行正确的引导。例如，钓鱼岛事件，电视新闻通过对各方面行为的真实** **(上接第51页)定需要考虑舆论，因为舆论能够体现广大公民的利益和诉求。新媒体的不断发展，会使舆论对民生新闻的影响越来越大，进而扩大民生新闻栏日的社会功能。** **三、结语** **民生新闻栏目与新媒体的融合拥有巨大的发展潜力，两者的融合具网络信息时代发展的必然。在新媒体進速发展的今天，传统的民生新闻栏口遇到了很大的挑战，为了迎接挑战，民生新加多样的题材.闻拓栏展目传要播的积极渠道地.与只新在媒这体样进才行能合应作对，日选择益更渐** **(上接第62页)信力。相信很多网民都用这个方法来辨识信息的真伪。同时，也有一些网络信息并不完全是胡编乱造，只是事实不够精确。这就需要网民要运用多种技术手段识别真伪，例如，通讨百度地图对照视频或照片中的拍摄地点是否与自媒体提供的图片一样；通过天气预报的网站查询某一时间段内的天气情况，从而从信息细节中判断信息真伪性。** **(2)查看评论中是否有人提出异议。在运用自媒体传播信息的过程中，评论功能的应用也能帮助网民辨别信息的真伪性。正是由于网络传播具有广泛性，所以更多人可以参与到对信息的分析中，对某一条信息的反馈也是各不一样的，有质疑、有特同，也有一些“局内人”会参与到评论过程中，提供史加可靠的事实真相。所以，当我们发现某一条信息线索后，多观察自媒体中的评论，以及其他人对这一信息线索的反应，集思广益，从而分别出信息的真伪。** **(3)强化媒介素养教育。媒介素养是指社会大众解读、批判媒介信息的能力，以及利用媒介信息为自己生活服务的能力。媒介素养教育就是指导社会人众正确理解创造性享用各种传播资源的教育。毫无疑问，媒介素养教育能够培养大众健康、合理的媒介解读能力，使其能充分利用各种媒介资源完善自我，创造性地参与社会互动。网民要主动提高媒介素养，对于白媒体信息，要多问几个“是仆么?”、“为什么?”从而提高自身分辨信息真伪的能力。** **(4)发挥传统把关人的作用。在自媒体传播信息时，传统把关人要及时限制或删除不良信息，第一时间切断信息传播的源头。如果虚假信息已经在一定范围内产生不良影响，必须在信息发布后的互动中及时发表意见，引导公众产生正确的思想倾向，维持正确的社会舆论导向。例如，我国日前的微博运营商都设置了人1.审核和机器审核程序，对于一些敏感词，可以通过相关机器过滤掉，这些做法都有助于帮助公众辨别信息真伪，或者说尽可能避免公众接触** **报道，来反映事件的观点与我国政府处理态度，通过舆论导向来引导群众，激发人们的爱国主义热情。同时，还可以通过舆论监督的方式来有效地改善社会中存在的问题。例如，披露较为常见的贪污、腐败、以权谋私等等现象，及时地发现错误的现象与问题，顺应民意，以此来维护社会的稳定与和谐发展，贯彻我国可持续发展的战略方针。** **四、结语** **随着社会发展的逐渐加快，人们对精神生活的要求也在不断地提高，而电视新闻则是大众化的传媒形式，以其自身的优势受到广泛的关注，在这·背景下.就要求相关的工作人员充分发挥电视新闻的舆论导向作用，对广大人民群众进行正确的引导，以此来推进我国社会的发展与完善。** **参考文献：** **\[1\]白雪峰.充分发挥新闻的舆论导向作用\[J\].人文论坛，2010(08).** 12」 **江海，张琼.试论新闻的舆论导向作用\[J\].新闻传播，2010(05).** **\[3\]李洪源.论充分发挥电视新闻的舆论导向作用\[J.攀登，2005(04).** **烈的媒体竞争，才能取得持久的进步。** **参考文献：** **\[1陈锐维.新媒体时代电视民生新闻的发展\[J\].新闻世界，2013(01).** \[2」 **韩彪，魏鸿.新媒体语境下电视民生新闻的演进「J1.军事记者，2012(03).** 虚假信息的机会。 **毋庸讳言，每个人都有倾诉的愿望，但是由于社会身份的限制，很多人在现实生活中无法畅所欲言。但是自媒体为他们打开了通往世界的大门，再加上网络空间的匿名性和隐蔽性，更为广大网民提供了宣泄的渠道。这就导致了自媒体用户良莠不齐的现象，不少人为了满足自己的虚荣心或基于其他目的，不惜制造虚假言论，以求吸引社会关注。这些虚假信息的不断蔓延，会逐渐掩盖有真正价值的公共信息，使社会主义主流意识形态遭受巨人打击。公民和相关部门要不断提高甄别信息真伪的能力，方能使社会风气得到净化。** **参考文献：** \[11 **胡百精.危机传播管理——流派、范式与路径\[M\].北京：中国人民大学出版社，2009.** \[21 **谢耘耕，陈虹.新媒体与社会\[M\].北京：社会科学文献出版社，2007.** 3 **王芹.谣言传播规律与应对策略研究：D\].上海大学，2013** **L4」李亚敏.重大群体性事件谣言阻断机制研究 D丨.西南政法大学，2011.** **\[5\]陈烨.突发事件中的网络谣言传播研究「D1.华东师范大学，2010.** \[6」 **陈喻，徐君康.自媒体时代网络谣言传播探析\[J\].新闻界，2013(15)：50-53.** **「71赵玲.探析新媒体时代谣言传播新态势\[J\].中国报业，2013(02)：117-118.** \[8\] **陈少波.当谣言邂逅微博，是自净还是泛滥** 监一 **一自媒体环境下微博谣言的传播学分析及辟谣方略iJ1.新闻界，2012(15)：50-53.**

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**文章编号：1003-207(2022)06一0116一11** **DOI：10.16381/j. cnki. issn1003-207x. 2019.1523** **考虑跨渠道退货的双渠道供应链最优策略** **杨浩雄1，顾子跃”，王浩3，赵川** **(1.北京工商大学电商与物流学院，北京 100048；2.北京顺丰速运有限公司，北京 101316：3.中移雄安信息通信科技有限公司，北京 100088)** **摘要：基于零售商线上线下销售与消费者退货并存的双渠道供应链，构建考虑退货的双渠道供应链定价模型以及考虑跨渠道退货策略的双渠道供应链定价决策模型。通过理论分析和数值实验对比，研究集中决策与分散决策下的零售商最优定价策略以及总利润的变化情况，同时分析在不同退货策略下顾客偏好以及退货率对零售商定价和收益的影响。结果表明：零售商渠道的最优价格设置与顾客对渠道的偏好成正比，与退货率成正比。当顾客对某一渠道偏好程度高时，分散决策下的利润要高于集中决策，并且随着该渠道退货率的提高，这种利润差距会进一步扩大，因此零售商应实施分散决策的渠道策略，鼓励线上线下两个渠道进行竞争，从而获得更大的收益。从仿真结果可以看出，对于一般的服装产品，提供跨渠道退货服务的零售商总利润更高，在一定条件下跨渠道服务水平的投入会增加零售商的收入，但这种投入应该控制在一个合理的水平上，并保持服务与顾客回报之间的正相关关系。** **关键词：双渠道供应链；跨渠道退货；定价策略；退货策略；Stackelberge 博弈** **中图分类号：F274 文献标识码：A** **引言** **随着线上消费的普及，线上线下并存的双渠道供应链模式被企业广泛应用。但因为顾客在线上消费时缺乏对产品的体验，所以线上退货率普遍较高。同时线上退货需要较长的处理周期，从而使顾客产生了线上购买线下退货的跨渠道退货需求。目前，一些企业已经开始开通跨渠道退货服务，例如对于在迪卡侬线上消费的顾客，既可以退货到线上商店也可以到实体店进行退货。跨渠道退货将线上的顾客引流到线下实体店，从而达到吸引客流的目的，同时也能够提升售后服务水平从而提高顾客对品牌的忠诚度和信任度，最终提高企业利润。** **在双渠道供应链方面，学者们主要研究企业该采取何种定价策略从而降低渠道之间的冲突，最终达到双赢的效果。Chiang 等研究了制造商开通** **收稿日期：2019-10-02；修订日期：2020-03-22** **基金项目：国家自然科学基金资助项目(71901004)；“十三五”时期北京市属高校高水平教师队伍建设支持计划(长城学者)(CIT&TCD20180310)** **通讯作者简介：杨浩雄(1974一)，男(汉族)，湖南长沙人，北京工商大学电商与物流学院，教授，博士，研究方向：供应链管理、城市物流，E-mail： yanghaoxiong @126.com.** **直销渠道和零售商共存的双渠道模式，在一定情况下二者都能够受益。Li Bo 等2提出当制造商以直销渠道为主，其并不关心渠道公平，反之则必须实现公平。申强等3\]研究了在双渠道模式下由于两个渠道主体质量决策不同而导致的供应链产品质量与价格的市场竞争。Tsay 和 Agrawal4发现在双渠道供应链中制造商对直销渠道的定价合适时，双方都可以获益。 Yao 和 Liu通过建立 Bertrand 和Stackelberg 博弈模型，得出最优定价决策，并分析两种模型下渠道成员的利润。申成然等6认为线上直销会减少线下零售商收益，加剧渠道冲突。徐广业等提出顾客的渠道转换行为会加剧供应链成员的竞争从而降低利润。** **在顾客行为方面，学者们认为顾客行为是影响供应链决策的关键因素，不同行为对定价策略有着不同的影响。范辰等\[8\]从顾客选择行为和价格竞争角度出发，求出最优定价策略和服务水平。Vos等°研究顾客对线上零售商的信任程度对其购买决定的影响。李锋和魏莹101研究异质消费者行为模式对供应链成员定价策略的影响，证明无视顾客的消费行为会使供应链成员的利润下降。** **在退货方面，学者们主要研究不同的退货政策对顾客行为以及双渠道供应链定价策略的影响。** **Wood研究了零售商退货政策对顾客网络购买行为的影响。Mukhopadhyay Setoputro2认为宽松的退货政策能够提高市场需求，但退货率的上升将增加运营成本。Ferguson 等13\]研究了差异化定价的产品导致顾客退货的行为。申成霖143研究了双渠道供应链中服务条件约束下的最优退货策略。 Anderson 等15\]提出购买和退货决策的结构模型，发现不同客户和类别的退货价值存在差异。曹细玉16研究了部分集中双渠道供应链背景下客户需求和退货价格的关系，证明供应链合作模型不能实现供应链协调。刘咏梅等171从服务水平和退货的角度出发，证明退货率和双渠道定价呈正相关。李兴国和李方纬L18J研究了供应商服务和零售商退货对各自利润以及定价策略的影响。张学龙等L191从消费者行为出发，研究了定价差异和退货率对供应链成员定价和利润的影响。蹇明等L20\]提出退货成本与双渠道成员定价呈正比。** **目前学者们关于退货策略的研究主要集中于线上渠道，将顾客跨渠道退货因素加入到模型中的研究也较为少见。并且对于考虑退货的双渠道供应链研究主要集中于部分集中双渠道供应链，而水平集中双渠道供应链的研究较少。本文通过建立考虑退货和考虑跨渠道退货策略的双渠道供应链定价决策模型，经理论分析和数值实验对比，分析客户偏好和退货率变化在两种不同的退货策略下对零售商定价和收益的影响。** **_2_ 考虑退货的双渠道供应链定价策略研究** **2.1 问题描述** **本文以一个零售商和若干消费者组成零售场景，零售商拥有线上线下两个渠道，线上价格为p。，线下价格为pr。分散决策时，pm为线下渠道领导时的线上价格，p为线下渠道领导时的线下价格，po为线上渠道领导时线上渠道的价格，p为线上渠道领导时的线下价格。商品售出后，顾客可以选择退货，两个渠道都会产生一定的退货率。从而做如下假设：** **(1)考虑单一的固定商品，商品的销售为单周期。** **(2)零售商的风险态度是中性的，并追求利益最大化，顾客是理性的。** **(3)顾客对产品不满意可以退货。假设线下退货率为e，线上退货率为入，0≤e<1，0≤x<1，0≤e十入<1。** **(4)顾客的退货行为是无理由退货，即不存在缺** **陷和质量问题，两个渠道提供全额退款服务。** **(5)在无理由退货模式下，零售商不承担顾客进行退货时所产生的成本(即邮递费或交通费)，从而两个渠道的退货处理成本相同。零售商单均退货成本为l，l= fc，f为退货成本系数，c为商品批发价：考虑实际情况，商品价值越高，越高。** **(6)零售商对顾客退回的商品考虑商品残值s线上线下渠道的商品残值相同。** **2.2 函数确立** **本研究假设需求函数为线性，渠道需求不仅受到本渠道价格影响还受到两渠道交叉价格的影响。令D，为线下渠道需求量， D。为线上渠道需求量。-0为顾客对线下渠道的偏好程度，0为顾客对线上渠道的偏好程度，A为原始总需求量；α为需求对价格的敏感系数，β为交叉价格敏感系数。不同渠道的价格对不同渠道的需求有影响，从而(1-0)A为线下渠道的需求水平，0A为线上渠道的需求水平，两渠道需求函数如下：** 现实中渠道价格敏感性对渠道需求的影响要大于渠道交叉价格敏感性的影响，所以α>β。 **零售商同时拥有线上线下两个销售渠道，可将其看成一个整体，收益构成为：(1)线下渠道的销售收益；(2)线上渠道的销售收益；(3)商品残值。成本构成为：(1)退货处理成本；(2)批发成本。令n为总利润，n，为线下利润，n。为线上利润。** **线下渠道利润函数为：** **线上渠道利润函数为：** **2.3 集中决策** **双渠道供应链中，渠道竞争主要通过渠道价格进行，但一些零售商会制定统一的价格来解决渠道冲突，从而实现渠道间的协调。因此本节在水平双渠道供应链背景下，研究当零售商使用集中决策来管理企业时，企业的最优定价、利润，以及顾客偏好对定价策略的影响。** **命题1 在集中决策下元是严格关于P，呈现凹性，可得最优统一定价 P\*，当P。=P，=P\*时，可得各渠道及零售商的最大利润，其中最优价格受到渠道偏好的影响。** **证明：令P。=P，=P，对利润函数求二阶偏导可得：匹=2(3-a)(2-入-e)<0，因此利润函 _aP_** **数为严格凹。对P，求一阶导可得：** **令其为0，可得最优统一价格为：** **当P。=P，=P\*时，代人(5)可得零售商的最大利润。** **将最优定价对顾客偏好求一阶偏导，可得** **2(a-D)(2-A二)，如果e>)，最优价格将随0增加而增加，反之将随着0的增加而降低。如果e=入则0对最优价格无影响。从而统一价格的增减取决于e和入。所以当选择定价策略时，关注重点应放在顾客退货上。** **2.4 分散决策** **2.4.1 线上渠道领导的供应链决策模型** **在现实生活中相比实体店，网上商店一般对消费者影响更大。在这个博弈中，线下渠道根据线上渠道的最优价格来进行定价，线上根据线下的响应优化其策略，从而达到渠道之间的协调。** **命题2 线上渠道作为领导者时，可得线上最优价格P\*，线下最优价格P\*，从而可得各渠道及零售商的最大利润，其中各渠道最优价格受到渠道偏好的影响。** **证明：线上渠道作为领导者时，元，对P。求二阶偏导，因为 _a元2p2_ \-=-2a(1-e)<0，所以元，是严格关** **于P呈现凹性，求出n，对P。的一阶偏导：** _0元_ \=A(e-1)(0-1)-3(e-1)P。 **_aP。_** **令其为0，可得：** **代入(4)，n。对P，求二阶偏导，可以得出 _2_** **_aP_** \=-2a(1-A)+3(1-A)<0，所以元。是严格关于 _Q_ P，呈现凹性的，求出元。对P。的一阶偏导： _2元。_ **_0P_** **令其为0，可得：** **代入(9)中，求出P\*。将两个最优价格代入(5)，可得最优利润解。** **将命题2两个最优价格分别对0求一阶偏导** _aP\*_ 得 2Aα-AB _aP\*_ \> _0.00 40²-23_ _00_ 北动A(-4c+2a3+β)<0。上述关系表明， _8a°一403_ 最优价格随0增加而减少，而线上渠道最优价格随0 **的增加而增加，符合实际。** **2.4.2 线下渠道领导的供应链决策模型** **本节描述为线下实体店因其强大的市场力量而成为价格领导者的博弈过程。因此，线上渠道根据实体店的最优价格优化其市场策略，作为追随者。线下根据线上的响应优化其策略，从而达到渠道之间的协调。** **命题3 在线下实体店作为领导者时，可得线下最优价格P\*，线上最优价格P\*，从而可得各渠道及零售商的最大利润，其中最优价格受到渠道偏好的影响。** **证明：线下实体店为领导者时，n。对P，求二阶a元偏导，因为：=-2a(1-))<0，所以元。是严格关 _aP_ 于P。呈现凹性，然后求元，对P。的一阶偏导：** **_2_ T。=(1-A)(A0+BP) _aP._ +a(c+h+2P(入-1)一入s) (12)令其为0，可得： _P\*(P)二_ 0A(1-))+BP(1-))-a(A(s-l)-c)113)2α(1一入)** **代人(3)，元，对P求二阶偏导，得出 _apP_ 三** \-2a(1-)+8(1-e)<0，所以元，是严格关于P 为0可得出最优价格P\*： _C_ **呈现凹性的，然后求n，对P，的一阶偏导(14)，令其** 0元， \_a(e-1)(2A(0-1)(A-1)+p(c+)(l-s)))+2a(-1)(c-2Pw+e(1+2Pw-s)) **(15)** **代入(13)中，求出P\*。将两个最优价格代入(5)，可得最优利润解。** **将命题3两个最优价格分别对0求一阶偏导，** 得 _aP\* A(_ 4a么-2oB-B)>0， _aP\*00_ 80一 _4a3_ _00_ A(3-2a)≤0。上述关系表明，线下实体店的最优 _40-28_ 价格将随着0的增加而减少，而线上商店的最优价格将随着0的增加而增加。与线上作为领导者相比， _aP\*aPaP\*_ 一厂。追随者的定价策略 _00 000 00 00_ 总是比领导者的定价策略受到的影响小，显示了领导者对跟随者的控制程度。 **3 考虑跨渠道退货的双渠道供应链定价策略研究** **3.1 问题描述** **本节考虑供应链提供跨渠道退货服务，线下顾客购买商品后能到线下实体店退货，而线上顾客购买商品后如果要退货，既可以通过物流快递方式进行退货，也可以到线下实体店进行退货。从而做如下假设：** **(1)考虑单一的固定商品，商品的销售为单周期。** **(2)零售商的风险态度是中性的，并追求利益最大化，顾客是理性的。** **(3)顾客对产品不满意可以退货。假设线下退货率为e，线上退货率为入2，线上渠道跨渠道退货到线下实体店的退货率为8，且0≤e<1，0≤入2<1，0≤8<1，0≤e+入2+8<1。** **(4)顾客的退货行为是无理由退货，即不存在缺陷和质量问题，两个渠道提供全额退款服务。** **(5)在无理由退货模式下，零售商不承担顾客进行退货时所产生的成本(即邮递费或交通费)，从而两个渠道的退货处理成本相同。零售商单均退货成本为l，l= fc，f为退货成本系数，c为商品批发价，** **考虑实际情况，商品价值越高，越高。** **(6)零售商对顾客退回的商品考虑商品残值s，线上线下渠道的商品残值相同。** **(7)零售商为顾客提供跨渠道退货服务，v为零售商向顾客提供的跨渠道退货服务水平。k 为顾客对此项服务水平的认可程度(敏感程度)，服务成本为 _\-hu。_** **(8)分散决策下，提供跨渠道退货服务时，线下商店需要退还给线上商店跨渠道退货产品的部分价值额度。用c表示，且c≤s-l。** **3.2 函数建立** **考虑到k(顾客对跨渠道服务的认可程度)和v(零售商对跨渠道退货的服务水平)，两渠道需求函数如下：** **一般来说渠道的交叉价格敏感性对渠道需求的影响小于渠道的价格敏感性对此渠道的影响，所以** **在零售商提供跨渠道退货服务的情况下，收益构成不变，成本构成有适当的调整：(1)退货处理成本；(2)批发成本。(3)跨渠道退货服务成本。** **因此线下渠道利润函数为：** **线上渠道利润函数为：** **零售商总利润函数为：** **3.3 集中决策** **在引入跨渠道退货服务后，采用集中决策的零售商会制定统一的价格来解决渠道冲突，从而实现** **渠道间的协调。因此本节在提供跨渠道退货服务的双渠道供应链背景下，研究当零售商使用集中决策来管理企业时，企业的最优定价、利润，以及顾客偏好对定价策略的影响。** **命题4 在统一定价策略下，n是严格关于P，呈现凹性。同时可得出最优统一定价P\*，当P。=P，=P\*时，可得各渠道及零售商的最大利润，其中最优价格受到渠道偏好的影响。** **证明：令P.=P，=P，，对元求二阶偏导可得 _a元_ \==2((-a)(2-入2-8-e) _aP_ <0，因此利润函数为严格凹。对P，求一阶导(21)，令其为0，可得最优统一价格P\*：** **_0元一=_ \=(e-1)(A(0-1)+(a-B)P)** **当P。=P，=P\*时，代人(20)可得零售商的最大利润。** **_aP\*_** **将最优定价对顾客偏好求偏导，可得 _一00_ 2(04一)28-)，如果e>儿+8最优价格将随0增加而增加，反之将随着0增加而降低。如果e=入2+8则0对最优价格无影响。从而统一价格的增减取决于e、72和8.所以当选择定价策略时，关注重点应放在顾客退货上。** **3.4 分散决策** **分散情况下，双方作为博弈者，在跨渠道退货服务下，线下实体店接收到跨渠道退货的商品时，需要向线上渠道返还一部分商品收益，但返还的金额要** 0元。\_a(8+入2-1)((c+e(l-s))-2(e-1)ku) **小于等于商品残值与退货处理成本的差值，这样线下实体店才会获益，才会和线上渠道进行跨渠道退货合作。** **在分散决策下线下渠道利润函数为：** **线上渠道利润函数为：** **3.4.1 线上渠道领导的供应链决策模型** **在现实生活中相比实体店，网上商店一般对消费者影响更大。在这个博弈中，线下渠道根据线上渠道的最优价格来进行定价，线上根据线下的响应优化其策略，从而达到渠道之间的协调。** **命题5 线上渠道作为领导者时，可得线上最优价格P\*：线下最优价格P\*，从而可得各渠道及零售商的最大利润，其中各渠道最优价格受到渠道偏好的影响。** **证明：线上渠道作为领导者时，n，对P。求二阶偏 _元，_ 导，因为=-2a(1-e)<0 _aP2_ ，所以元，是严格关于P，呈现凹性，求出元，对P。的一阶偏导(25)，令其为0，可得P\*：** **代 _a元_ 入(24)，元。对P。求二阶偏导，得出 _aP_** **2a(1-A)+B(1-A)<0，所以z。是严格关于 _Q_ 呈现凹性的，求出n。对P。的一阶偏导(27)，令其为0，可得P\*：** **_(27)_** **再代人(26)中，求出P\*。将两个最优价格分别代入(23)、(24)，可得两个渠道最优利润解。** **将命题5中两个渠道的最优价格分别对0求其** **一阶偏导，可以得到30 _一-_ 2Aa-A3>0， _aP二2α一β_ 2 _00_ A(-4o+2o3+p)<0。上述关系表明，线下渠道 _8α-403_ 最优价格随0增加而减少，而线上渠道最优价格随0的增加而增加，符合实际。** **3.4.2 线下渠道领导的供应链决策模型** **本节描述为线下实体店因其强大的市场力量而成为价格领导者的博弈过程。因此，线上渠道根据实体店的最优价格优化其市场策略，作为追随者。线下根据线上的响应优化其策略，从而达到渠道之间的协调。** **命题6 在线下实体店作为领导者时，可得线下最优价格P\*，线上最优价格P\*，从而可得各渠道及零售商的最大利润利润，其中各渠道最优价格** **受到渠道偏好的影响。** **证明：线下实体店为领导者时，n。对P，求二阶偏导，因为 _a元。_ 一=-2α(1-))<0，所以元。是严格关 _aP_** **于P，呈现凹性，求元，对P。的一阶偏导：** **令其为0，可得：** **代入(23)，n，对P，求二阶偏导，得出** **_a元L，r_** **_aP_** 2a(1-A)+g(1-e)<0，所以元，是严格关于P， _Q_ 呈现凹性的，求元，对P的一阶偏导，令其为0，可 _得P\*：_ **(4伙-28)(1-e)(1-入2-8)** **十(2a(1-e)(1-0)A+(B-2a)(e(s-l)-c)+aod(s-l-cj))(1-)2-8)** **(4a-28)(1-e)(1-A2-8)** **再代人(30)中，求出P\*。将两个最优价格分别代入(23)、(24)，可得两个渠道最优利润解。** **将(30)、(32)两渠道最优价格分别对0求一阶偏导，可以得到品\_A(4c-2oB-p)0. _8a-4α3aP\*中二_ \-2Ax+8<0.上述关系表明，线下渠道最 _00 40-23_ 优价格随增加而减少，而线上渠道最优价格随的增加而增加，符合实际。与线上作为领导者相比， _aP\*_ 3P品3。。追随者的定价策略总 _0000 00 00_ 是比领导者的定价策略受到的影响小，显示了领导者对跟随者的控制程度。** **_4_ 算例分析** **通过企业调研本研究主要针对服装鞋类产品进行仿真实验研究，仿真数据是根据企业调研抽象出来的处理数据，假设A=10000，α=10，3=5，e=** **0.2，入=0.3，入2=0.2，8=0.1，s=350，f=0.2. c=300，k=100，v=0.5，cj=250。** **4.1 集中决策与分散决策的利润比较** **如图1所示，M1代表集中决策下零售商的总利润，M2代表分散决策下线上渠道作为领导者时零售商的总利润，M3代表分散决策下线下渠道作为领导者时零售商的总利润。可以看出，当退货率一定时，随着线上渠道偏好程度的增加，集中决策下零售商的利润逐渐降低。并且当某一渠道顾客偏好程度较高时，分散决策下零售商的利润要高于集中决策。这是因为分散决策下，偏好程度高的渠道可以通过提高价格来发挥渠道优势，从而提高自身利润，而偏好程度低的渠道则会降低自身价格，通过价格优势获得更高的需求量来增加自身利润，两渠道均可以发挥自身优势从而扩大利润，最终达到渠道间的协调。** **如图2所示，其中N1代表集中决策下的总利** **结论一：当顾客对某一渠道偏好程度高时，分散决策为零售商带来的利润要更高，并且分散决策与集中决策的利润差随着该渠道退货率的增加会进一步扩大，此时零售商应该鼓励线上线下两个渠道竞争而不是集中决策统一定价。当零售商采用集中决策时，线上线下制定统一的价格能够减少一定的渠道冲突，但这样，会失去供应链机制的灵活性。分散决策下，渠道间在进行协调的过程中，能够更好的发挥各渠道的优势，从而能够扩大零售商的整体利润。** **图1 顾客偏好对零售商总利润的影响** **润与线上渠道作为领导者时分散决策的总利润的差值，N2代表集中决策下的总利润与线下渠道作为领导者时分散决策的总利润的差值。当顾客对某一渠道偏好程度高时，随着该渠道退货率的增大，分散决策与集中决策的利润差也逐渐扩大。可以看出，当消费者对某一渠道的偏好并且该渠道上的退货率足够高时，分散决策总体供应链绩效要优于集中决策。** **结论二：退货率越大，零售商的总利润越低。这是因为退货率会增加零售商的退货处理成本，减少销量，造成零售商的整体利润下降。分散决策下当退货率较高时，顾客偏好较高的渠道作为领导者能够为零售商带来更大的利润。这是因为追随者的策略需要根据领导者的策略来进行调整，而当领导者处于顾客偏好较高的渠道时，可以充分的发挥渠道优势，从而获得更高的利润，而不是作为追随者被动的进行调整。可以看出，当顾客偏好较高的渠道作为领导者时，更有利于渠道间的协调以及零售商利润的提升。** **图2 集中与分散决策下的总利润比较** **4.2 跨渠道退货服务下的定价决策分析** **如图3所示，其中P代表线下渠道作为领导者时的线下最优价格，P。代表线下渠道作为领导者时的线上最优价格，P。代表线上渠道作为领导者时的线上最优价格，P。代表线上渠道作为领导者时的线下最优价格，可以看出，随着退货率的增加，线上线下渠道的价格都会增加，并且当某一渠道退货率提高时，该渠道相比于另一渠道的价格增长幅度更高。** **结论三：在分散决策下，随着退货率的增加，线上线下渠道的价格都会增加。这是因为当某一渠道** **的退货率提高时，该渠道的退货处理成本也会随之提高，此时通过降价来提高需求量并不能达到增长利润的效果，从而迫使该渠道提高价格，以减少退货率带来的负面影响。于此同时，因为价格的提高，该渠道的部分销量会转移到另一渠道，而另一渠道则会提高价格，以从市场中获取更多利润，进而在提高零售商整体利润的同时达到渠道间的协调。** **4.3 跨渠道退货策略和普通退货策略下的利润比较** **两种策略理论对比情况如图4所示。其中，M表示有跨渠道退货时线上商店领导时的供应链总利润，M2表示有跨渠道退货时线下实体店领导时的供** **750** **_×105_ 线上高顾客偏好时** **750** **×105 线下高顾客偏好时** **图3 跨渠道退货服务下的分散决策定价决策分析** **应链总利润，M3 表示没有跨渠道退货服务时线上商店领导时的总利润，M4表示没有跨渠道退货时线下实体店领导时的总利润。根据仿真图我们可以看到，对于一般服装类产品，提供跨渠道退货服务时候的零售商总利润要大于没有提供跨渠道退货服务时候的零售商总利润。** **结论四：对于一般服装类产品，提供跨渠道退货服务的零售商总利润要大于没有提供跨渠道退货服务时候的零售商总利润。这是因为，零售商提供跨渠道退货服务，会增加零售商的客户需求量，增加销售额，虽然需要投入一定的服务成本，但是投入获得** **的收益要大于企业所投入的成本。** **4.4 跨渠道退货服务水平变化和商品价值变化对利润的影响** **仿真结果如图5所示。随着跨渠道退货服务水平的提高，零售商的利润呈现略微下降趋势，随着商品价值的增加，零售商的利润是逐渐升高的。** **结论五：在跨渠道退货模式下，随着跨渠道退货服务水平的提高，零售商的利润呈现略微下降趋势，因为服务水平越高，所需要投入的服务成本就越高。随着商品价值的增加，零售商的利润是逐渐升高的，而且在一定情况下对跨渠道退货服务的投入可以增** **加零售商的利润，但是这种投入要有度可循，要控制在合理的区间，以保证零售商利润的增加。** **图4 跨渠道退货策略和普通退货策略下的零售商利润比较** **图5 跨渠道退货服务水平变化和商品价值变化对利润的影响** **5 结语** **本文以零售商线上线下销售和消费者退货并存的双渠道供应链为背景，首先构建考虑退货的双渠道供应链定价模型，其次建立考虑跨渠道退货策略的双渠道供应链定价决策模型，通过理论分析和数值实验对比，得出以下结论：** **(1)零售商应制定合理的定价策略，保障利润最大化。零售商渠道的最优价格设定应与顾客对该渠道的偏好程度或退货率成正比，从而在进行渠道协调的过程中，能够更好的发挥渠道优势，并减少退货率带来的负面影响，进而扩大零售商的整体利润。** **(2)根据市场情况，制定合理的渠道竞争策略。针对本文的仿真研究结果可知，当顾客对某一渠道偏好程度高时，分散决策下的利润要高于集中决策，并且随着该渠道退货率的提高，这种利润差距会进一步扩大，因此零售商应该实施分散决策的渠道策略，鼓励线上线下两个渠道进行竞争，从而获得更大的收益。** **(3)提高客户服务水平，加强质量管理，降低顾客退货率。从仿真结果可以看出，随着顾客退回率的增大，零售商的利润呈现下降趋势。所以零售商要弄清消费者退货的真正原因，对症下药，减少退货情况的发生。企业应该严格把控商品质量，减少因商品质量造成的退货行为，提高顾客服务水平，为消费者提供针对性的推荐和服务，保证顾客商品选择的满意度。** **(4)制定合理的退货策略，保证消费者效用，提高企业收益。通过仿真结果可以看到，针对一般服装类产品，提供跨渠道退货服务时候的零售商总利润要更高。当零售商所销售的产品价值较高时，跨渠道退货服务成本是值得投入的，所带来的企业效益是要大于服务投入的。对于商品价值较低的企业不建议开通跨渠道退货服务，因为会降低企业收益。跨渠道服务水平的投入在一定条件下会增加零售商的收益，但是这种投入需要控制在合理的水平上，要保持服务与客户回报的正相关关系。** **参考文献：** **\[1\] Chiang W Y K， Chhajed D， Hess J D. 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Operations Research** **and Management Science， 2015，24(3)：79一87.** **\[18\]李兴国，李方纬.考虑供应商服务与零售商退货的定价博弈分析\[J\].数学的实践与认识，2017，47(8)：19一25.** **Li Xingguo， Li Fangwei. Pricing game analysis with** **vendor service and retailer return JJ. Mathematics in** **Practice and Theory， 2017， 47(8)：19-25.** **\[19\]张学龙，吴豆豆，王军进，等.考虑退货风险的制造商双渠道供应链定价决策研究\[J\].中国管理科学，2018，26(3)：59一70.** **Zhang Xuelong， Wu Doudou， Wang Junjin， et al. Re-search on the pricing decision of manufacturer dual一channel supply chain considering return risk\[J\]. Chi-nese Journal of Management Science， 2018，26(3)：59一70.** **\[20\]蹇明，宋璇，杨钟.基于消费者时间敏感与退货的双渠道决策研究\[J\].交通运输工程与信息学报，2019，17(1)：5一12.** **Jian Ming， Song Xuan， Yang Zhong. Dual -channel** **decision based on time sensitivity and consumer returns** \_ **JJ. Journal of Transportation Engineering and Infor-mation， 2019，17(1)：5一12.** **Optimal Strategy of Dual-channel Supply Chain Considering Cross-Channel Returns** **YANG Hao-xiong'， GU Zi-yue， WANG Hao， ZHAO Chuan** **(1. School of E-commerce and Logistics， Beijing Technology and Business University， Beijing 100048， China；** **中国管理科学** **2\. SF Express， Beijing 101316， China；** **3\. China Mobile Xiongan Information and Communication Technology Corporation， Beijing 100088， China)** Abstract： Cross-channel returns have appeared in the public view， and cross-channel returns services have been started to provide by some companies. For consumers who consume online， if they are not satis fied with the product， they can voluntarily return to the line within the prescribed time go to the store or go to the offline physical store to make a return. The purpose is to improve the level of after-sales service to consumers in order to increase consumer brand loyalty and thereby increase corporate profits. However retailers will invest a certain amount of service costs， as well as the integration and communication costs of the two channels. These objective facts are the key factors that influence the retailer’s decision. Therefore a dual- channel supply chain pricing model are constructed based on the dual- channel supply chain in which retailers online and offline sales coexist with consumers’return. Considering the impact of different customer preferences and different return rates under centralized decision-making and decentralized deci-sion-making， the retailer's optimal pricing strategy is made and retailer total profit changes are found. Then the impact of changes in customer preferences and retailer returns on pricing and profit are analyzed， and the conclusion are verified by numerical examples. The results show that the optimal price setting of the retailer channel is in direct proportion to the customer’s preference for the channel， and is also in direct proportion to the return rate. When customers on a particular channel preference degree is high， the profit under decentralized decision-making is higher than centralized decision-making， and with the improve-ment of the channel return rate， the profit gap will further expand. To gain more benefits， decentralized decision-making channel strategy should be adopted by retailer and the competition between online as well as offline should be encouraged. And it can be seen from the simulation results that for general apparel products， retailers offering cross-channel return service have higher total profits. Cross-channel service level input will increase the revenue of retailers under certain conditions， but such input should be con-trolled at a reasonable level and the positive correlation between service and customer return should be maintained. **Key words： dual-channel supply chain； cross-channel returns； pricing strategy； return policy； Stackel-berge game**

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锡剧传统戏剧本研究何沈超 **(江苏师范大学文学院，江苏徐州221116)** 【摘要】锡剧是常州、无锡一带重要的地方戏，它的不少传统戏不仅受观众喜爱久演不衰，而且还保留了诸多表演特色，能在一定程度上反映锡剧原始演出面貌，众多学者们也将其作为研究对象。笔者尝试从锡剧传统戏剧本的角度切入，将锡剧传统戏剧本中由艺人直接口述记载的剧本，与在其基础上整理改编而来的整理本作比较，从分出与标目、开篇、自报家门、舞台提示、唱段与念白五个方面，重点总结它们的差异之处，并且分析其中的原因。【关键词】锡剧；剧本；传统戏 **中图分类号： J825 文献标志码A 文章编号1007-0125(2021)15-0027-04** **一、选本简介** 剧本可以提供诸多关于戏曲的信息，，一方面它最大限度地向读者展现了一部戏的全部唱念内容，另一方面它还可以提供戏中涉及的曲调、程式动作、角色行当等信息。随着战争的擢残、艺人的逝去，锡剧传统戏的原始表演面貌现代人已经很难看见，但其能在剧本上得到一定的反映。锡剧传统戏的剧本大致可以分两种，其一是口述本，它是对艺人记忆中剧本的直接记录，最大特点是不加以修改润色。口述本主要是上世纪五十年代起，在传统戏挖掘整理的工作中，工作人员用以内部交流的剧本。整理本则是将口述本整理、改编、润色后的剧本，它面向大众且与锡剧传统戏的现代表演最为接近。整理本笔者主要选取《江苏民间戏剧丛书》，一方面该系列丛书的成书时间较早，在1954年至1957年间，是首批整理面世的锡剧传统戏剧本，另一方面其中各个剧本都是锡剧界的名家执笔，剧本中的唱词、念白、故事内容即使在二十一世纪的今天也未有巨大改动，可见其影响之大。口述本笔者选取两种：其一是《锡剧庵堂相会等十六种》 (下文简称《锡剧十六种》)，该书于1957年成书，属江苏省剧目工作室的内部参考资料，未正式出版。前言中特别说明“除了明显的错别字外，我们对这些本子未作任何改动；只是对某些过分秽亵的字句作了一些删节，删节处注明删去的字数”D，剧本口述者王嘉大等人都是早期锡剧界的泰斗。其二是《传统剧目汇编锡剧》系列丛书，共两本，分别于1959年、1962年成书，是面世的出版物，该书也进行了删节但未标明删节之处。该系列的第一、二两集收录的11个锡剧传统戏，是锡剧历史上的经典剧目。二、分出与标目口述本与整理本中，对子戏不分出，大同场戏必分出。小同场戏口述本不分出，整理本两种情况兼有，如《打面缸》分出，《水泼大红袍》不分出。锡剧传统戏分出的起始时间现在已经很难考证，但锡剧进人大同场戏后实行过“幕表制”，该制度一直持续到新中国建立后才被“导演制”取代。而锡剧传统戏的大同场戏时代也是“幕表戏”大量出现的时代。幕表是一部戏的提纲，包含了分场情况、角色分配、大概情节等内容，由此可见幕表戏是分出的。 “到了1927年后的常锡文戏时期，由于后台机构扩大了，人手增加了，剧情复杂了，布景多了，为减少后台的混乱，才逐渐产生了幕表”必。这是当时锡剧分出的主要原因，究其根本还是戏曲所演故事情节变得复杂了。锡剧传统戏的发展脉络可以印证这点，锡剧传统戏故事情节的复杂程度，是从对子戏向小同场戏、大同场戏逐渐提升的。因为对子戏、小同场戏大都是讲述农村日常生活的故事，而大同场戏的故事则从民间传说、长篇小说或者其他剧种、曲艺中的长篇故事取材。此外，有些戏最初是对子戏不分出，成为故事曲折的大同场戏后就分出了。以《庵堂相会》为例，“全剧共由《搀桥·庙会》、《盘夫·认夫》、《《红云送银》、《火烧梧桐》、(《坟堂失窃》、《《大公堂》等段子构成，此谓6‘-大庵堂’’......《搀桥·庙会》、 _、_ 《《盘夫·认夫》两段，俗称‘小庵堂’”日。考略中所说的“分段”并非是指分场，而是对某些经典段落的俗称。 “小庵堂”主要讲述的是金秀英和陈宰庭相伴到庙中烧香的故事，它属于对子戏，口述本、整理本中都是不分出的。《传统剧目汇编锡剧第一集》的《庵堂相会》属于“大庵堂”，出场人物有21个之多，有丫鬟家丁、县官中军等，而且身份不局限于农村青年，地主、基金项目：江苏省研究生科研与实践创新计划项目“锡剧艺人口述史——锡剧剧目现状与问题研究”，项目编号：KYCX20\_2434 作者简介：何沈超(1995-)，男，汉族，江苏无锡人，江苏师范大学文学院，戏剧与影视学，研究生，研究方向：戏剧戏曲。官员也纷纷登场。该戏被分为二十场，故事中男女主人公在相恋的过程中，不仅遇到了原来的封建家长的阻碍，还受到公堂诬判、牢狱之灾等，最后清廉的巡抚主持正义，这与锡剧大同场戏的才子佳人相差无几。对子戏不分出，自然只有戏名没有标目，7《庵堂相会》是在它成长为大同场戏之后，才进行了分出标目。一般而言，大同场戏都有标目，小同场戏分场但没有标目。以《打面缸》为例，全戏共分两场，每场都没有标目。标目的一般形式是字数相同的小标题，内容是本出的剧情概要。小同场戏大部分仍在讲述农村故事，情节简单且类似，即使有标目也会与其他戏高度雷同。大同场戏则不然，一方面很多戏有独特的线索物品贯穿全戏，另一方面场景丰富，标目一般不会与其他戏重合。如整理本《双珠凤》，饰品双珠凤是全戏的线索物品，标目“拾凤”、“思凤”就是围绕它命名的。该戏还有比较特别的场景，如口“焚楼”，是女主角用焚毁堂楼的方式外逃，这些情节在其他戏中不多见，即使标目只有简单两字也很难与其他戏重合。 **三、开篇** “开篇”在锡剧传统戏中有两层意思，一是戏曲开场演唱的一部分，所以艺人常说“唱开篇”；二是一种曲调的名称，专用于开场演唱，如“簧调开篇”，它是“【簧调】慢板的一种形式，锡剧早期‘对子戏'时期，主角登场，先唱四句闲词，配合亮相、走四角，【开篇】起定场诗作用”白。内容方面，锡剧传统戏的开篇一般是两句或四句，少数唱一句但会补充一句自报姓名的句子。如口述本《拔兰花》开篇为“春二三月草报芽。旁边走出我蔡旭斋”@，《小寡妇果米》为“梧桐叶落满地铺。香房独坐我小寡妇”@。锡剧开篇的定场诗，或引用，或化用古诗，有的则是艺人创作的，但总以七言诗居多。锡剧开篇后一般会有标志性的语句如“四句闲文都抛撇”、、“开篇四句未算数”等，用以交代开篇结束。锡剧传统戏唱开篇的习惯是受曲艺影响形成的，李祺先生认为“宜卷开场都要来几句定场诗和身份的介绍，这些都被同场戏采用了。小同场戏开始就是用宜卷上的故事编成剧目进行演出”@。他从锡剧传统戏剧目的来源出发，分析出锡剧不少戏都是改编自宜卷，由此推断锡剧开篇是受宣卷的影响。事实上，锡剧最初的从业艺人本就有着唱宜卷的经历，如王嘉大“念过书，会宣卷，在乡时左邻右村少不了总请他去宜卷，因此家里藏着几本卷书，他就赶回家来拿去五本卷，把它改成滩簧演出”色。这些艺人改唱“滩簧”后，带人宜卷定场诗的表演形式就不足为奇了。口述本《锡剧十六种》中的16个戏都是有开篇的《传统剧目汇编锡剧》的第二集中有2个戏没有开篇，《陆雅臣》人物上场直接自报家门，《蓝衫记》人物出场只念不唱，其余都有开篇。整理本则不然，开篇时有时无，如《庵堂相会》有开篇，《摘石榴》无开篇。从口述本来看，锡剧传统戏最初表演虽不能断定必有开篇，但至少艺人们绝大多数有唱开篇的习惯。从整理本来看，唱开篇的习惯已经发生了改变。造成这种情况的原因有如下几个：首先，戏曲演出环境大大改善，开篇的定场作用被弱化。锡剧传统戏在大同场戏中后期才进人正式的剧场，早期表演要么在田间地头、街头巷尾，要么在一些茶馆、酒楼，观众也并非一心看戏，或是路过或是吃喝闲聊，表演会因嘈杂的演出环境而大打折扣。 “在这个小小的天地里，一方面是艺人在献艺， ‘台中凑伎出优孟’，另一方面是酒保在穿行， ‘送珍行酒佣保忙’，而观众同时也兼了酒客的身份，，一边看戏，一边‘座上击碟催壶筋’，这样的剧场状况势必会影响演员演戏、观众看戏的效果” 遇艺人们必须给观众一个开场的信号，引起观众注意，一定程度上降低表演环境带来的不利影响。而现代演出多在剧院，地点、时间都会提前通知。观众也是以听戏为主要目的，一般都会保持安静，专注听戏。其次，出场的角色发生了变化。口述本一定是主角唱开篇，紧接着是主角自报家门。整理本中的一些小同场戏和大同场戏，首先出场的人物不再是主角而是一些次要人物，如整理本的小同场戏《借黄糠》@，作为次要人物的男仆、女婢先上场了。最后，一些改编后的戏虽然不再唱原始的开篇，但有了更多样的开场方式作为替代。如上文提到的整理本《借黄糠》，开场由两人对唱。再如大同场戏《双珠凤》，开场是“合唱一：：二月十九拜观音，问心庵内闹盈盈；载歌载舞度佳节，年年今日乐青春”的，用了幕后合唱的方式唱定场诗。 **四、自报家门** 口述本的戏都是主角登场自报家门，而整理本大部分与口述本情况相同，极少数是配角先上场，如上文提到的《借黄糠》。一般而言，对子戏中自报家门的篇幅最长，小同场戏次之，大同场戏最短。另外，同种体制的戏，较之整理本，口述本自报家门篇幅更长、信息量更大。口述本《传统剧目汇编锡剧第一集》的《庵堂相会》中的“小庵堂”，金秀英开场连唱84句，陈宰庭上场连唱123句。整理本的《庵堂相会》也是：“小庵堂”，但二者的开场分别只唱了48句、14句。造成这样的原因有二，一方面大段的自报家门可以有效拉长演出时间，因此越是小戏，自报家门内容越多。以口述本的“小庵堂”为例，陈宰庭大段的自报家门构成如下：其一细数从祖辈至父母的家庭成员，其二自身名字、婚配、上学等情况，其三大段咒骂岳父黑心，其四今日出行的原因，其五对与金秀英相遇地木桥的环境描述。而整理本的开场中自报家门的内容只有“蚕豆花开黑良心，好像我岳父金学文，恨不得摘下它头来拔去它根， (略停)想想对不起种豆人。【行路调】祭罢祖坟回庵门，只见桥境站一人，不上不下身不动，挡住去路为何情?”内容构成只有骂岳父、遇秀英。陈宰庭的姓名、出身等基本内容在前面金秀英的自报家门中已经交代清楚，所以在他提到金学文是自己岳父时观众就知晓他的身份了，此外口述本中大段家室描述、咒骂岳父的内容被删去。可见作者在改编时力求简洁，原始表演中的自报家门确实存在不惜用次要词句充塞戏曲内容以拉长演出时间的缺陷。另一方面，对子戏一类小戏，往往只展现故事中的一两个画面，但是要观众了解故事的来龙去脉，为保证故事的完整性，所以把正戏不能体现的信息在自报家门中交代清楚，自报家门一般有角色的信息、故事发生背景、人物后续行动的提示三大内容。仍以“小庵堂”为例，它涉及的人物除了男女主角外，实际上还有金秀英的丫鬟、父亲，但由于是对子戏，故表演时只有男女主角二人登场。可两人偷偷庙会的原因是家长阻挠，得以庙会的关键是红云通风报信。在对子戏中这部分内容难以表现，若缺少又会使故事情节难以理解，，于是就得在二人的自报家门中向观众交代明白，自报家门就起到补充剧情的作用。 **五、舞台提示** “戏剧要在有限的时间内，有限的场景中，集中地表现出一段完整的情节和人物的活动，这主要依赖于人物的语言和动作来展示…….剧本中必须将这些叙述语言用另一种有别于台词的形式来表现，这些不要求在演出时说出的文字说明部分，叫舞台说明，也叫舞台提示”。@舞台提示既是剧本也是表演的一部分，锡剧传统戏剧本的舞台提示有如下几种：人物提示区分各演员表演内容；唱念提示区分表演形式；动作提示提醒演员做、打；心理提示辅助演员理解人物内心；上下场提示调度舞台场面；曲调提示使演员找到唱词对应的曲调。整理本中舞台提示数量较多且都比较详细。以整理本《庵堂相会》为例，虽然该戏是典型小戏篇幅短小，但舞台提示却极为详尽，除了最常见的唱念分开、人物分明外，每个唱段都标注了曲调，甚至同一段落内曲调转换都会有详细标注。如“金(唱) 【开篇倒板】今日清明雨初晴，【转行路调】草上水珠湿衣裙”函。其余还有像“(陈上)”的人物上下场提示， “(摇手介)”暗示演员应用戏曲中的程式动作， “(欲认又止)”提醒演员注意人物的情态心理。口述本则不然，提示的数量极少而且简略。以《锡剧十六种》的《庵堂相会》为例，该戏中最多的舞台提示是唱念的分开如“(英白)、 (庭唱)”，全戏每个唱段前不标曲调相关的提示，只有用板变化为“(快板)”提示2次，曲调变换为“(庭哭调)”提示2次， “(庭唱长送)、((三角板)、(簧调)”分别提示1次。除此之外，动作、心理、上下场等提示都没有。舞台提示标注差距如此之大，其中原因至少有如下几个：其一，早期的锡剧表演水平有限，曲调、程式都尚在发展中。就曲调而言，整理本的“大陆调”、 “玲玲调”是大同场戏时期改编其他剧种而来的，口述本中的“哭调”、“长送”现在被归人第四类杂调。此外同一曲调在各个时期的发展也是不同的，例如口述本中提到的“簧调”，它虽是最早的基本曲调，但经过发展后原先的调式被重新命名为“老簧调”，归人“簧调”这一大的基本曲调之内。其二，口述本的舞台提示少恰恰说明了早期表演的高度自由。锡剧传统戏早期演无定本，并非简单的唱词念白内容不定，表演所用的曲调、程式动作等都有不定性，每个艺人都有自己的表演特点。其三，有些所谓的舞台提示已成惯例。口述本虽是对艺人记忆的直接记录，但受口述者影响大，有些舞台提示在艺人们看来已成定例，在口述时往往不会特别提出。如开场的唱开篇，锡剧传统戏早期表演喜欢用“簧调”以唱的方式表演开篇，有“簧调开篇”的习惯，但《锡剧十六种》、《传统剧目汇编锡剧》中没有一部戏标明用簧调，在《锡剧十六种》里甚至只有极少数戏会在开篇部分注明“唱”。此外，早期锡剧开场还有特定的动作与方式， “首先在出场方面，总是女角先出场。出场时，先是背向着观众，待头四句开篇的第一句唱到第四个字时，才转过身来对观众亮相。亮相时，用右脚踩破一片瓦，这样表示演员不坏嗓子，场子不出事故。唱第二句时，即小步扭向斜角方向的台口，唱第三句时，再换一个位置到另一个台口，第四句唱完时，方回到台中央。介绍自己的姓名、身世，(自报家门)之后下场”。这些舞台提示在艺人们心里已经是“规矩”一般的存在，因此口述时不会过多强调。六、唱段与念白口述本与整理本的唱词、念白既有差异又有联系，，一方面整理本删除了口述本中的大量内容，另一方面整理本截取了口述本中的内容并加以打磨润色，这使得原来传统戏情节松散、粗糙的缺点得到了极大的改善。被整理本删除的内容主要有两种，一种是口述本中关于赤裸性描写的秽亵内容，最初是某些艺人为迎合部分观众的口味而加人的，主要起招揽观众的作用。另一种是口述本中累赘的唱词、念白。口述本中的长篇唱词，除了上文提到的自报家门部分外，在剧中也常有出现，以叙述性的观光内容、长赋子为主。《锡剧十六种》的《徐老增出灯》一戏中，徐老增演唱了2100多字的灯赋用以描绘他所见到的各种灯，《传统剧目汇编锡剧第二集》中的《盘陀山烧香》一戏，单宝林用了620字讲述自己拜佛烧香的经历。大篇幅的唱段、念白主要是为了充塞演出内容，延长表演时间。早期艺人以农民为主，有读书识字经历的不多，他们从自己的日常生活中取材编戏，因此对子戏、小同场戏有情节粗糙、松散的不足。艺人们或是插人游离情节之外的插科打译，或是直接套用现成的赋子，以充塞戏曲内容。此外，加人能够体现艺人演唱技巧的唱段，也可以起到吸引观众的作用。以《朱小天》为例，该戏有“十八着”的唱词： “第一着一个铜板变两个，第二着两个变四个，第三着四个变十六个……”像这样连续唱到第十八着，既考验艺人的记忆，又考验演唱水平，需要吐字清晰而且唱腔旋律有所变化。这些长篇唱段虽能展现艺人的表演功力，但大都以“长”、炫技为卖点，其实唱段本身内容与剧情契合度不高。尤其对于一些本就情节简单的生活小戏来说，不少游离情节之外的长篇唱段并没有起到服务剧情的作用，反而使得整部戏剧情拖沓。整理本虽然对口述本进行了大量的删节，但仍然有不少内容是汲取了口述本的营养。一方面整理本会着力改编口述本的故事情节，如《小寡妇果米》、《磨豆腐》两戏男女调情的秽亵内容较多，情节都是男女主角相会后开始大段的调笑。将二者融合改编后的《双推磨》虽仍是小戏面貌，但有了打水偶遇、磨豆腐、互诉遭遇等层次分明、环环相扣的递进情节，即使磨豆腐一个情节也分了牵磨、煮豆浆、压豆腐等多个片段，生活气息沐厚。并且该戏体现了劳动人民互帮互助的人道主义精神，最后主题也上升到批判讽刺地主阶级。另一方面，整理本会在口述本累赘的唱词中提取精彩部分，将其改编得更加符合剧情、有助于人物抒情，以王汉清先生代表作《珍珠塔》的《关皇庙》一折为例，这里的唱词就得益于锡剧传统戏常用的赋子《破庙赋》，该赋子罗列了破庙内外的众多破败物件，但描绘的用语都不详细，以描绘关羽像的一段为例： “关老爷，头上缺少将军帽，身上缺少绿龙袍，脚上缺少虎头靴，腰中缺少玉骨条。关平手中缺金印，周仓手中缺大刀”\*，对每个物件的描绘仅有一两句话，用了观光戏介绍沿途见闻的手法。但此段在戏中表现的是落难方卿遭受亲姑母羞辱后的遭遇，要用避难于破庙进一步表现方卿的悲惨遭遇，如此描绘显然是不合适的。王汉清先生演唱时唱词为“又只见关平少颗印，手里捧着一只破茄瓢，周仓手里缺大刀，插上一根青竹梢；关皇老爷当中坐，嘴上的胡须倒有一半掉；头上缺少将军盔，带着一只破凉帽，身上少了绿龙袍，套着一只破蒲包；脚上缺少虎头靴，脱落烂泥露出两根杉木梢，都是拐了腿折了腰”\*，不仅描绘详尽，处处透出凄凉，而且更有层次感，符合人类由整体到局部的观察习惯。 **注释：** **①江苏省剧目工作委员会.(锡剧)庵堂相会等十六种\[M\].江苏：江苏省剧目工作委员会，1957.** **②李祺.武进锡剧\[M\].北京：中国文史出版社，2007：86-87.** **③江苏省文化厅剧目工作室.锡剧传统剧目考略 \[M\].上海：上海文艺出版社，1989：2.** **④江苏省文化局戏曲编审室.江苏民间戏剧丛书打面缸\[M\].南京：江苏文艺出版社，1956.** **⑤江苏省文化局戏曲编审室.江苏民间戏剧丛书双珠凤\[M\].南京：江苏文艺出版社，1957.** **⑥孙中.锡剧音乐研究\[M\].北京：中国戏剧出版社，2004：11.** **⑦⑧⑨①江苏省剧目工作委员会(锡剧)庵堂相会等十六种\[M\].江苏：江苏省剧目工作委员会，1957：26+41+1+217.** **①《中华艺术论丛》编辑委员会.中华艺术论丛2** (上接第18页) “婆王”等神灵的扮演就深刻地体现出么佬族人对生命的敬畏。 “梁吴二帝”简称“梁王”、 “吴王”，在广西罗城仫佬族自治县、融水苗族自治县、融安县等地的壮族、瑶族、么佬族等民族都有流传，属于地方性保护神。“梁九官”是“梁王”的弟弟，同样是么佬族敬奉的36位神灵之一。在白标屯依饭仪式的最后一个程序“送圣”中，送走的最后一位神灵是“梁九官”。在户主家的客厅内，只见依饭师公扮演“梁九官”，手拿一壶酒，身扛一支竹竿，竹竿上挂有一只公鸡，竹竿的尾部还挂有一个吹胀的猪尿泡， “梁九官”在客厅内绕着集体围观的族人四处走动，边走边对着围观的族人传授很多两性知识。不仅如此， “梁九官”还以问答的形式与围观的族人互动，对回答不出或者回答不对的族人， “梁九官”便用猪尿泡对其击打以示惩罚。 “梁九官”通过这生动、形象的表演贏得族人哄堂大笑，族人也通过集体观赏从中领会到了生活相关的知识。这个过程也足以感受到么佬族人对生殖即生命的崇拜，族人对神灵施展法力帮助他们繁衍子孙，使本民族能够人丁兴旺寄予了崇高的期望。在广西，众多少数民族如壮族、瑶族、侗族、依佬族、毛南族等都将婆王信奉为掌管小孩生死和女性生育大事的神灵，族人希望通过祭拜婆王来求子嗣。在么佬族，曾有婆王神话。传说婆王有一座大花园，花园中开满了各种鲜花，每一朵鲜花象征着一个生命，人们都是婆王花园中的花朵。凡间的人都是由婆王赐予花朵而生育，赐到红花则意为生女孩，赐到白花则意为生男孩。如果孩子生病了就意味着花生 **滩簧研究专辑 \[C\].上海：上海辞书出版社，2004：58.** **②孙中.锡剧论文荟萃\[C\].北京：中国戏剧出版社，2011：131.** **③赵山林.中国戏曲传播接受史\[M\].上海：上海人民出版社，2008：418** **@江苏省文化局戏曲编审室.江苏民间戏剧丛书借黄糠\[M\].南京：江苏文艺出版社，1956.** **①江苏省文化局戏曲编审室.江苏民间戏剧丛书双珠凤\[M\].南京：江苏文艺出版社，1957：1.** **①江苏省文化局戏曲编审室.江苏民间戏剧丛书庵堂相会\[M\].南京：江苏文艺出版社，1954：4.** **①金平.不可或缺的舞台提示\[\].南京师范大学文学院学报，1999，(10)：12.** **①江苏省文化局戏曲编审室.江苏民间戏剧丛书庵堂相会\[M\].南京：江苏文艺出版社，1954：1.** **①9李祺.锡剧史话\[M\].北京：中国文联出版社，2001：5.** **②江苏省文化厅剧目工作室.锡剧传统剧目考略\[M\].上海：上海文艺出版社，1989：4-5.** **·夏庐庆.锡剧赋子集\[M\].常州：武进县博物馆彩印厂，出版时间不详，104-105.** **·《锡剧简明读本》编委会.锡剧简明读本\[M\].江苏：江苏人民出版社，2012：35.** **(责任编辑** **田** 昊) 虫或缺肥了，族人就要祈请婆王浇水除虫才使得小孩健康成长。所以对于么佬族人而言，他们信仰婆王就是希望能够保佑家中小孩子健康、茁壮成长。每年的农历三月三日，么佬族人都将这天定义为“婆王节”，在节日里族人会杀猪一头，用猪头、猪心、猪肺等内脏祭供婆王。在白标屯依饭仪式的“唱神”程序中，依饭师公扮演“婆王”，一手拿红花视为女孩，，一手拿白花视为男孩，然后对其进行“哺乳”，象征着在“婆王”的帮助下，么佬族儿童能够得到健康成长。随后“婆王”会来到围观的族人面前，让族人选花色， “婆王”询问了三、四位族人，他们都会同时选红、白两种花色。因为有红有白寓意着有儿有女，整个民族就可以人丁兴旺，象征着生命的延续。从师公对“婆王”的扮演中也可以看出么佬族人极其重视生命。 **参考文献：** **\[1\]倪彩霞.道教仪式与戏剧表演形态研究\[M\].广州：广东高等教育出版社，2011.2.** **\[2\]马丁·埃斯林.戏剧剖析\[M\].北京：中国戏剧出版社，1981.19.** **\[3\]广西壮族自治区少数民族古籍整理出版规划领导小组办公室.么佬族依饭经文辑录\[M\].南宁：广西人民出版社，2014.** **(责任编辑** **邓婉君)**

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Doi：10.11835/j. issn.1008-5831. jg.2020.06.007 欢迎按以下格式引用：苏春，刘星.控股股东股权质押、CEO来源与审计费用——来自上市家族企业的经验证据|J.重庆大学学报(社会科学版)，2022(5)：73-91. Doi：10.11835/j. issn.1008-5831.jg.2020.06.007. Citation Format： SU Chun，1.11. Xing. Conl rolling slareliolder’s share pledge， sourte of CEO and audit fees：Empirical evidence from lisled family fimms|J. Joumal of Chongqing Universily ( Social Science Edition)，2022(5)：73-91.Doi：10.11835/j. issn.1008-5831.j2020.06.007. **控股股东股权质押、CEO 来源与审计费用** ——来自上市家族企业的经验证据苏春，刘 _星”_ (1.重庆理工大学会计学院，重庆400054；重庆大学经济与工商管理学院，重庆 _400044)_ 摘要：近年来，随着社会经济的快速发展，控股股东股权质押已经成为我国资本市场上一种非常常见的现象。所谓的控股股东股权质押，是指控股股东将自身所持有的股份作为质押标的物，抵押给银行、证券公司、信托公司等金融机构后获得信贷资金的一种债务融资方式。这种融资方式在便利性、快捷性方面比其他融资方式更具优势，能够快速地帮助控股股东解决资金短缺的问题，但也使得企业面临着控制权转移风险。正因如此，上市公司控股股东股股权质押行为引起了学术界与实务界的普遍关注。虽然，现有研究探讨了控股股东股权质押对企业审计费用的影响，但鲜有学者深入家族企业层面来探讨两者之间的关系。为此，文章以2008—2017年我国A股上市家族企业作为研究对象，深入考察了控股股东股权质押对审计费用的影响，并分析了 CEO 不同来源产生的调节效应。在此基础上，我们进行了研究设计，并构建了相关的研究模型，通过描述性统计分析、相关性分析、多元回归分析和机制分析验证了文章提出的相关机制及假设。研究发现，家族控股股东股权质押与审计师收取的审计费用显著正相关；同时，与家族 CEO 相比，非家族CEO会明显地削弱家族控股股东股权质押与审计费用之间的正相关关系。进一步分析发现，控股股东进行股权质押后会导致公司治理风险与盈余操纵风险显著增加，从而提高了家族企业的审计费用。最后，考虑潜在的内生性问题，重新度量审计费用，并缩小家族企业样本范围后，我们的研究结论依然保持不变。以上研究结论表明，家族企业控股股东进行股权质押所产生的风险能够被审计师识别，因而审计师会通过收取更多的审计费用来予以补偿；同时，非家族 CEO 能够制约基金项目：国家自然科学基金青年项目“利率市场化，监管套利与资源配置——银行理财产品发行及购买的影响因素和经济后果研究” **(71802029)；教育部人文社会科学研究一般项目“国家审计、党组织建设与国有企业防范违规行为研究"(19XJC790006)；重庆** 理工大学科研启动基金项目^家族董事席位超额控制、投资决策与企业价值”(2021ZDR023) 作者简介：苏春，重庆理工大学会计学院，Email：suchiongzii@ 126. com；刘星，重庆大学经济与工商管理学院，Email：liuxing@ aqu. edu. cn. 家族控股股东的利益侵占行为，将有助于审计师更好地识别家族控股股东股权质押所产生的风险，因此审计师可以根据家族企业 CEO 的不同来源实施差异化的收费策略。文章不仅将控股股东股权质押拓展至家族企业层面进行了研究，也丰富和补充了审计收费的相关文献，因而对于审计师实施差异化的收费策略具有一定理论贡献与现实意义。关键词：家族企业；控股股东股权质押； CEO来源；审计费用中图分类号：F275；F832.51；F239.4；F272.91 文献标志码：A 文章编号：1008-5831(2022)05-0073-19 **一、问题提出** 股权质押作为企业一种新的融资模式，在我国资本市场上得到了快速发展，控股股东股权质押更是备受企业家的青睐1。所谓控股股东股权质押，是指控股股东将自身持有的股份作为质押标的物，抵押给金融机构后获得信贷资金的一种债务融资方式。事实上，由于存在融资约束，我国家族企业在资本市场上难以获取足够的资金”，因而控股股东有动机通过股权质押来缓解企业所面临的融资困境，这是因为股权质押融资在便利性、快捷性方面比其他融资方式更具优势，能够帮助控股股东迅速地解决资金短缺的问题4然而，股权质押在为控股股东提供快捷融资的同时，也使其面临着巨大的风险，尤其是财务风险和控制权转移风险·，由此将使家族企业的营运风险增加一方面，家族企业本身资金链较为脆弱，控股股东进行股权质押通常暗示了其资金链紧张且面临着较大的财务约束，这不仅会引发控股股东的掏空行为―，也会促使其进行更多的盈余管理“另一方面，根据股权质押合约的相关规定，一旦股票价格跌至“平仓线”以下，则需要控股股东提供额外的担保物或抵押物，如果其不能按照合约提供额外的担保物或抵押物，质权人将有权出售或结冻这些质押的股票，从而导致控股股东丧失企业的控制权。因此，鉴于股权质押的潜在风险，监管部门对股权质押信息的披露作出了明确要求·，以利于投资者能够对上市公司股权质押的情况进行更直接、更全面的了解，从而可以作出较为合理的投资决策。当然，不仅仅是投资者会关注股权质押的信息，审计师对此也尤为关注，由此会对审计师的决策行为和风险应对产生重要影响5.1.，因而可能影响家族企业的审计费用。那么，家族企业控股股东进行股权质押会对审计师收取的审计费用产生什么样的影响?这种影响又是通过何种途径来实现?现有研究对此没有给出相应的理论解释与经验证据。我们通过梳理相关文献，发现诸多学者研究了股权质押产生的一系列经济后果。例如，张俊瑞等发现大股东的股权质押率越高，审计师对公司收取的审计费用越高，出具非标准审计意见的可能性越大。翟胜宝等指出控股股东进行股权质押后，公司的审计费用会显著增加，审计师对企业出具非标准无保留审计意见的概率更高郑国坚等发现大股东进行股权质押后，其占款动机更强，进而会损害上市公司的企业价值7.谢德仁和廖珂指出当上市公司存在控股股东股权质押时，企业更有可能进行盈余管理，并且真实盈余管理的程度更高“，郝项超和梁琪发现实际控制人进行股权质押后会产生负面影响，将使其利益侵占动机更强，体现为股权质押比例与公司价值显著负相关一廖凯敏等指出控股股东股权质押会降低公司派送现金股利的可能性，并且控股股冻的股权质押率越高，公司派送现金股利的可能性越小-12..谢德仁等研究发现，控股股东股权质押具有积极的治理效应，由此能够降低公司的股价崩盘风险虽然，上述文献对股权质押与审计费用之间的关系有所涉及，但并未深入家族企业的层面展开讨论，更没有直接讨论家族控股股东股权质押与审计费用之间的关系，这就为我们的研究留下了新的探讨空间，进一步地，本文还考察了家族企业CEO 不同来源对控股股东股权质押与审计费用之间关系的影响，从而有助于我们深入理解 CEO 不同来源对企业治理水平的影响。 **为了实现上述研究目标，本文以2008—2017年我国A股上市家族企业作为研究对象，深入考察了家族企业控股股东股权质押对审计费用的影响机制及效应，并分析了 CEO 不同来源所产生的调节效应。研究发现，家族控股股东股权质押会显著地提高审计师收取的审计费用；同时，与家族CEO 相比，非家族 CEO 会削弱控股股东股权质押对审计费用的正向影响。进一步分析发现，家族控股股东进行股权质押后会导致公司治理风险、盈余操纵风险明显增加，进而提高了企业的审计费用，本文不仅将控股股东股权质押的研究领域拓展至家族企业层面，也有利于我们从更多视角来理解家族企业审计收费的影响因素，** 本文的研究贡献主要有以下三点：(1)本文深入探讨了家族企业控股股东股权质押对审计收费的影响机制及效应，虽然已有文献考察了股权质押与审计费用之间的关系3.5.，但均没有深入到家族企业的层面展开讨论，这就使得我们的研究具有一定的理论贡献与实践意义。(2)本文探讨了家族企业 CEO 不同来源对控股股东股权质押与审计费用之间关系的影响，不仅丰富和补充了企业高管的相关研究，也有助于我们深入理解家族企业审计收费的影响因素，(3)本文分析了家族企业控股股东股权质押对审计费用的影响机制，发现公司治理风险与盈余操纵风险在两者之间起到了部分中介作用，因而从作用机制上揭示了家族控股股东股权质押影响审计收费的可能路径。 **二、理论分析与研究假设** **(一)家族企业控股股东股权质押与审计费用** 根据审计收费定价模型，审计收费除了受审计成本的影响，亦会受审计风险的影响44其中，审计成本是指为了完成审计工作需要投人的各种资源，如果投人的资源越多，则意味着在审计工作开展过程中花费的时间与精力越多，即耗费的审计成本越高，因而会导致审计师收取较为高昂的审计费用；审计风险是指审计师在业务执行过程中所面临的风险，如果审计师感知到客户公司的审计风险较大，则更有可能通过收取高额的审计费用来进行风险补偿。事实上，上市公司通常存在治理风险及盈余操纵风险，而这两类风险往往与审计师的收费直接相关-15-17.，尤其是公司治理风险及盈余操纵风险较高时，审计师为了降低自身所面临的风险，不仅会增加审计程序，也会进一步扩大审计范围，以便更好地发现财务报告中的重大错弊，进而会对客户公司收取更多的审计费用一方面，在我国资本市场上，控股股东的利益侵占行为屡见不鲜，尤其是其进行股权质押后利益侵占动机将更强，往往会以占用资金的形式来掏空上市公司-7.特别地，家族企业通常面临着较高的融资约束”，控股股东进行股权质押后更有可能侵占公司的资金，由此导致企业的治理水平较差，此时审计师在为家族企业提供审计服务时将面临较高的风险。现有研究发现，控股股东进行股权质押后，会导致控制权与现金流量权分离度更高，将使其具有强烈的掏空动机，会进一步地侵占上市公司的资源，从而导致企业业绩出现严重下滑18-20据上分析，我们有理由认为，家族控股股东的股权质押行为会增强其利益侵占动机，致使企业的治理水平低下，可能导致公司治理风险增加，进而造成审计师面临较高的审计风险；在此情形下，审计师在制订工作计划时不仅会增加审计 **流程，也会投入更多的审计资源，以此来降低公司治理水平较差所产生的风险，往往会收取较多的审计费用。当家族控股股东质押股份的比例较高时，公司的治理水平可能更差，审计师所面对的审计风险和审计成本更高，因而会收取更多的审计费用。** 另一方面，控股股东进行股权质押相当于“套取”了部分现金流量权，可能使其更有动机进行盈余管理，因为进行盈余管理有助于控股股东隐藏其掏空行为-22-24.，这将导致审计师面临较高的审计风险。同时，控股股东进行股权质押后稳定股价的动机更强，因为股价一旦下跌至“平仓线”以下时，如果其不能及时提供额外的抵押物或者缴纳保证金，质权人有权将控股股东所质押的股票进行冻结或者拍卖，由此可能产生控制权转移的风险。因此，为了达到稳定股价的目的，控股股东将会加强市值管理活动，而进行更多的盈余管理则是有效途径1对于家族企业，家族控股股东往往拥有较高的控制权2其进行盈余管理更加容易实现，由此可能导致审计师面临较高的盈余操纵风险。据此，我们可以推断，家族控股股东进行股权质押后，其更有动机进行盈余操纵，从而使得审计师面临的审计风险较高；在此情形下，审计师不仅会增加审计流程，也会通过扩大测试范围来发现财务报告中的重大错弊，这将耗费更多的审计成本，因而其倾向于通过收取较多的审计费用来进行补偿-26-27当家族控股股东质押股份的比例越高时，其越有可能进行盈余操纵，审计师面临的审计风险和审计成本往往越高，进而会对家族企业收取更多的审计费用。基于上述理论分析，本文提出如下假设。假设1：在其他条件不变的情况下，家族控股股东股权质押与审计师收取的审计费用显著正相关 **(二)家族企业控股股东股权质押、CEO 来源与审计费用** **对于家族企业， CEO 的来源主要分为两大类-2\*-29.：一类来自家族内部，即 CEO 职位由家族成员担任3.，另一类则是由职业经理人担任企业的 CEO-31.当家族成员担任 CEO 时，由于其与家族控股股东之间具有血缘或亲缘关系，彼此间更易信任与支持并且具有利益趋同性”，通常属于一致行动人。因此，家族 CEO 在经营决策中倾向于与家族控股股东保持一致，而不会主动去监督其机会主义行为，甚至可能与控股股东合谋共同侵占中小股东的利益。这是因为家族 CEO 能够与家族控股股东共享企业的剩余索取权收益4往往有动机帮助家族控股股东掩盖其利益侵占行为，进而难以产生治理作用。具体而言，当家族成员担任 CEO 时，家族控股股东质押股权后产生的掏空与盈余管理行为不易受到制约，由此可能使得家族企业的公司治理风险和盈余操纵风险增加，将导致审计师面临着更高的审计风险与审计成本，从而会提高家族企业的审计费用。** 然而，相较于家族 CEO，非家族 CEO 来源于外部人才市场，通常受过良好的教育，并且接受过正规的专业技能培训，往往具有较好的职业素养与管理技能5，从而能够为家族企业的治理带来客观性、公正性与专业性的决策同时，非家族 CEO 与家族控股股东之间没有血缘或者亲缘关系，且在经营决策中会受到个人声誉机制的约束”，因而帮助家族控股股东隐藏机会主义行为的动机较弱，将有助于降低家族企业的公司治理风险和盈余操纵风险，实际上，家族控股股东的利益侵占行为会导致非家族 CEO 的个人声誉受损，这不仅不符合非家族 CEO 个人的自身利益，也会致使这些职业经理人在业界难以生存下去。因此，当非家族成员担任 CEO 时，往往会权衡个人的成本与收益一，在决策中倾向于降低自身所面临的风险，有较强的意愿去制约家族控股股东的自利行为，由此可能使得控股股东质押股权后的利益侵占动机减弱。据此，我们认为，当非家族成员担任 CEO **时，家族控股股东进行股权质押后，其掏空与盈余管理行为可能会减少，从而有利于降低审计师所面临的审计风险和审计成本。这说明，非家族 CEO 在家族企业中具有积极的治理作用，会使得控股股东股权质押对审计费用的正向效应减弱。根据以上理论分析，本文提出如下假设。** **假设2：与家族 CEO 相比，非家族 CEO 会削弱家族控股股东股权质押与审计收费之间的正相关关系。** **三、研究设计** **(一)样本来源与选择** 本文选取 2008—2017年我国A股上市家族企业作为研究样本。参考以往的研究，我们将家族企业定义为：(1)实际控制人可以追溯到某一自然人或者家族，并且是上市家族企业直接或者间接的控股股东；(2)实际控制人直接或者间接持有上市家族企业至少10%的股份-40-41；(3)上市家族企业中至少有两位及以上具有亲缘关系的家族成员担任高管职务或者持有股份(包括董事长、董事及高级管理人员)42同时，本文进一步剔除了金融类公司样本、当年 ST类公司样本、存在缺失值的公司样本，总共获得6033个公司一年度样本观测值。此外，家族控股股东所质押的股份数量、CEO 来源、家族持股比例等关键数据均通过手工归集而得。为了尽可能地消除异常值的影响，本文对连续变量进行了上下1%的 Winsorize 缩尾处理 **(二)变量定义** 1.被解释变量本文的被解释变量为审计费用( Afec)，参考翟胜宝等的做法，我们取上市家族企业境内审计费用的自然对数， 2.解释变量参考谢德仁等Bharath等43.的做法，本文分别设置控股股东股权质押虚拟变量和连续变量，如果家族企业存在控股股东股权质押，虚拟变量(Pledge\_dum)取值为1，否则取值为0；控股股东股权质押率(Pledge\_pcr) 为连续变量，等于家族控股股冻质押股份的数量除以其持有股份的总数量 **3.调节变量** CEO 来源(FCEO)，如果由非家族成员担任家族企业的 CEO ，FCEO 取值为1，否则取值为0 4.控制变量参考已有的研究-5.44-46.，我们引入如下控制变量：公司规模(Sizc)、资产负债率(Lcv)、盈利能力(Roa)、是否亏损(Loss)、应收账款占比(Res)、存货占比(Inv)、控股家族持股比例(Fsh)事务所规模(Big4)审计意见类型(Opinion)地区人均 GDP (GDP\_pcople)流动比率( Current)、事务所变更(Change)、两职合一(Dual)、独立董事比例(Indep)，共14个控制变量，同时，我们进一步控制了年度(Year\_dum)行业(Industry\_dum)虚拟变量，并在回归模型中对t值进行了异方差调整。表1给出了本文主要变量的具体定义。 (三)研究模型为了检验本文所提出的研究假设1，我们建立了模型(1)： Industry\_dum+8 (1) 其中，我们主要观测回归系数α，预测α，显著为正。为了检验本文所提出的研究假设2，我们建立了模型(2)：其中，我们主要观测回归系数α，，预测α，显著为负。 **表I 变量定义** | 变量类别 | 变量符号 | 度量方法 | | --- | --- | --- | | 被解释变量 | Afec | 审计费用，取上市家族企业境内审计费用的自然对数 | | 解释变量 | Pleilge\_ilum | 家族控股股东是否存在股权质押，如果存在质押取值为1，否则取值为0 | | 解释变量 | Plelge\_per | 控股股东股权质押率，家族控股股东质押股份的数量/其持有股份的总数量 | | 调节变量 | FCFO | CEO 来源，如果由非家族成员担任 CEO，取值为 1，否则取值为0 | | 控制变量 | Size | 公司规模，等于总资产的自然对数 | | 控制变量 | Ley | 资产负债率，等于总负债/总资产 | | 控制变量 | Roa | 盈利能力，等于净利润/总资产 | | 控制变量 | 1055 | 是否亏损，如果上市家族企业当年发生亏损，取值为Ⅰ，否则取值为0 | | 控制变量 | Res | 应收账款占比，等于应收账款/总资产 | | 控制变量 | Tny | 存货占比，等于存货/总资产 | | 控制变量 | Fsh | 控股家族持股比例，等于前十大股东中家族成员持股比例的总和 | | 控制变量 | Big4 | 事务所规模，如果为国际四大会计师事务所，取值为Ⅰ，否则取值为0 | | 控制变量 | Opinion | 审计意见类型，如果公司被出具非标准无保留审计意见，取值为Ⅰ，否则取值为0 | | 控制变量 | GDP\_pcople | 地区人均 GDP，取上市家族企业所处省份人均 GDP 的自然对数 | | 控制变量 | Currenl | 流动比率，等于流动资产/流动负债 | | 控制变量 | Change | 事务所变更，如果上市家族企业当年发生事务所变更，取值为【，否则取值为0 | | 控制变量 | Dual | 两职合一，如果董事长兼任总经理，取值为Ⅰ，否则取值为0 | | 控制变量 | Inilep | 独立董事比例，独立董事人数/董事会人数 | | 控制变量 | Ycar\_ilum | 年度虚拟变量，2007-2017年共10个年度，设置10个年度虚拟变量 | | 控制变量 | TnilusLry\_tlum | 行业虚拟变量，根据证监会2012年的行业划分标准，设置18个行业虚拟变量 | **四、实证检验与分析** **(一)描述性统计** 本文主要变量的描述性统计详见表2。在栏A全样本中， Afec 的均值为 13.503 3，最大值为16.6005，最小值为 9.2103，说明审计师对我国上市家族企业收取的审计费用存在较大的差异。同时，Pledge\_dum 的均值为 0.499 1，Pledge\_per 的均值为 0.1844，表明我国家族企业普遍存在控股股东股权质押的现象，并且股权质押率为 18.44%，此外，FCEO 的均值为 0.482 2，即非家族成员担任CEO 的比例为 48.22%；Big4的均值为 0.054 4，Opinion 的均值为0.0551，表明我国有5.44%的家族企业聘用国际四大会计师事务进行审计，且有5.51%的家族企业被出具了非标准无保留审计意见。从栏B分样本看，不存在控股股东股权质押组中， Afec 的均值为 13.462 9，而存在控股股东股权质押中， Afec 的均值为 13.565 8，并且两组样本的均值存在显著性差异，说明家族控股股东股权质押会显著增加审计师收取的审计费用，假设1得到了初步支持。在栏C分样本中，家族成员担任 CEO的企业， Afec 的均值为13.5421，而非家族成员担任 CEO 的企业，Afcc 的均值为 13.4673，并且两组样本的均值存在显著性差异。这表明，非家族成员担任 CEO 能够较好地监督家族控股股东的自利行为，有利于降低审计师所面临的审计风险与审计成本，由此降低了家族企业的审计费用，初步支持了假设2 **表2 主要变量的统计性描述** | **栏A：全样本** | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | **变量** | **N** | **rricah** | **st1** | **mrin** | **n25** | **n50** | **p75** | **P2LX** | | | **Afce** | **6 033** | **13.503 3** | **0.549 9** | **9.2103** | **13.122 4** | **13.4588** | **13.815 5** | **16.600 5** | | | **Plelge\_tlum** | **6 033** | **0.4991** | **0.399 3** | **0.0000** | **0.0000** | **0.0000** | **1.0000** | **1.0000** | | | **Plelge\_per** | **6 033** | **0.1844** | **0.296 8** | **0.0000** | **0.0748** | **0.1059** | **0.1743** | **0.999 9** | | | **FCFO** | **6 033** | **0.482 2** | **0.499 7** | **0.0000** | **0.0000** | **0.0000** | **1.0000** | **1.0000** | | | **Size** | **6 033** | **21.796 5** | **1.066 6** | **19.1512** | **21.023 8** | **21.6860** | **22.4162** | **25.367 2** | | | **LCr** | **6 033** | **0.3950** | **0.198\[** | **0.0549** | **0.232 5** | **0.3827** | **0.535 5** | **1.037 5** | | | **Roa** | **6 033** | **0.0560** | **0.055\[** | **\-0.179 8** | **0.022 3** | **0.0503** | **0.0849** | **0.239 3** | | | **1055** | **6 033** | **0.9450** | **0.228\[** | **0.0000** | **1.0000** | **1.0000** | **1.0000** | **1.0000** | | | **Rcs** | **6 033** | **0.1235** | **0.1016** | **0.0002** | **0.043 8** | **0.104\[** | **0.177\[** | **0.489 6** | | | **Iny** | **6 033** | **0.1677** | **0.1487** | **0.000 5** | **0.079\[** | **0.130 5** | **0.199 8** | **0.7577** | | | **Fsh** | **6 033** | **0.466 9** | **0.165 9** | **0.155 8** | **0.3315** | **0.463 8** | **0.5967** | **0.8580** | | | **Big4** | **6 033** | **0.0544** | **0.1542** | **0.0000** | **0.0000** | **0.0000** | **0.0000** | **1.0000** | | | **Opinion** | **6 033** | **0.055\[** | **0.1219** | **0.0000** | **0.0000** | **0.0000** | **0.0000** | **1.0000** | | | **GDP\_pcople** | **6 033** | **10.964\[** | **0.4521** | **9.306 4** | **10.6616** | **11.056 4** | **11.3110** | **11.732 9** | | | **Currenl** | **6 033** | **0.599 2** | **0.3769** | **0.0485** | **0.324 8** | **0.5404** | **0.7771** | **2.0740** | | | **Change** | **6 033** | **0.0577** | **0.1320** | **0.0000** | **0.0000** | **0.0000** | **0.0000** | **1.0000** | | | **Dual** | **6 033** | **0.349 9** | **0.4770** | **0.0000** | **0.0000** | **0.0000** | **1.0000** | **1.0000** | | | **Tmilep** | **6 033** | **0.373 5** | **0.0514** | **0.3000** | **0.333 3** | **0.333 3** | **0.428 6** | **0.5714** | | | **栏B：按是否存在家族控股股东股权质押分样本** | | | | | | | | | | | **变量** | **Plerlge\_tlum=0** | | | | **Pleilge\_ilum=1** | | | | **L-sLalisLic** | | **变量** | **N** | **51** | **rrcan** | **p50** | **N** | **5** | **mcn** | **p50** | **L-sLalisLic** | | **Afec** | **3 022** | **0.5344** | **13.462 9** | **13.458 8** | **3011** | **0.580 7** | **13.565 8** | **13.592 4** | **\-0.202 8\*xxx** | | **FCEO** | **3 022** | **0.496 6** | **0.4416** | **0.0000** | **3011** | **0.478 6** | **0.545 3** | **1.0000** | **\-0.2037\*** | | **栏C：按 CEO是否由非家族成员担任分样本** | | | | | | | | | | | **变量** | **FCEO=0** | | | | **FCEO=\[** | | | | **L-sLalisLic** | | **变量** | **N** | **51** | **mcan** | **p50** | **N** | **51** | **mcan** | **p50** | **L-sLalisLic** | | **Afec** | **3124** | **0.586 5** | **13.542\[** | **13.503 3** | **2909** | **0.510 9** | **13.467 3** | **13.458 8** | **0.074 8** | | **Plelge\_ilum** | **3124** | **0.343 2** | **0.436 4** | **0.0000** | **2 909** | **0.4422** | **0.586 4** | **1.0000** | **\-0.1301\*\*\*** | | **Pleilge\_per** | **3124** | **0.227 6** | **0.1541** | **0.0902** | **2 909** | **0.3490** | **0.2650** | **0.2301** | **\-0.1009\*\*** | 注：\*、\*\*、\*\*\*分别表示在10%、5%、1%水平上显著。 **(二)相关性分析** 从表3中的相关性分析可以看出，Afcc 与 Pledge\_dum 之间的相关系数为0.097 3，在5%的水平上显著， Afcc 与 Pledge\_pcr 之间相关系数为0.1076，在1%的水平上显著，由此说明家族控股股东股权质押与审计费用之间显著正相关，初步支持了假设 1； Afec 与 FCEO 之间相关系数为-0.0680，在5%的水平上显著，表明非家族成员担任 CEO 会显著地降低审计师收取的审计费用，从侧面部分地支持了假设2.由于受篇幅限制，我们仅报告主要变量之间的相关性分析结果，未呈现其他变量之间的相关系数。同时，我们还进行了膨胀因子检验， VIF 的值均小于2，即不存在多重共线性的问题，限于篇幅，本文未列示这一结果。 **表3 主要变量的相关性分析** | **变量** | **Afce** | **Pleelge\_tlum** | **Plelge\_per** | **FCEO** | | --- | --- | --- | --- | --- | | **Afce** | **1.0000** | | | | | **Plelge\_ilum** | **0.097 3\*\*** | **1.0000** | | | | **Plelge\_per** | **0.1076** | **0.829 9\*\*** | **1.0000** | | | **FCFO** | **\-0.0680\*** | **0.162 7\*\*\*** | **0.169 8\*\*** | **1.0000** | 注：\*、\*\*、\*\*\*分别表示在10%5%、1%水平上显著。 **(三)实证检验** **1.家族控股股东股权质押与审计费用** 家族控股股东股权质押与审计收费的检验结果详见表4，第(1)列中我们未考虑其他控制变量，仅将年度与行业效应纳人了控制变量，Pledgc\_dum 对 Afce 的回归系数为0.0343，在1%的水平上显著；第(2)列中我们考虑了所有的控制变量，包括年度与行业因素的影响，Pledge\_dum 对 Afec的回归系数为 0.0549，在5%的水平上显著；第(3)列中我们未添加相关的控制变量，仅控制年度与行业因素， Pledge\_per 对 Afec 的回归系数为0.0600，在1%的水平上显著；第(4)列中我们控制了相关变量，并同时控制年度与行业因素，Pledge\_per 对 Afcc 的回归系数为 0.062 5，在5%的水平上显著。由此可见，家族控股股东股权质押会显著提高审计师的审计收费，假设!得到了支持。这说明，家族控股股东进行股权质押后，将导致审计师面临着较高的审计风险与审计成本，从而会对企业收取更多的审计费用。 **2.家族控股股东股权质押、CEO来源与审计费用** 家族控股股东股权质押、CEO来源与审计费用的检验结果详见表5.第(1)列中我们未加入其他控制变量，仅控制了年度与行业因素，交乘项Pledge\_dumxFCEO 对 Afec 的回归系数为-0.0305，在1%水平上显著；第(2)列中我们考虑了所有的控制变量，并同时控制了年度与行业因素，交乘项Pledge\_dumxFCEO 对 Afcc 的回归系数为-0.0183，在5%水平上显著；第(3)列中我们未控制其他变量，仅将年度与行业效应纳入控制变量，交乘项 Pledge \_per xFCEO 对 Afcc 的回归系数为-0.1582，在1%水平上显著；第(4)列中我们加入了所有控制变量，并考虑了年度与行业固定效应，交乘项 Pledge\_porxFCEO 对 Afcc 的回归系数为-0.1244，在5%水平上显著。上述回归结果说明，与家族 CEO 相比，非家族 CEO 会削弱家族控股股东股权质押与审计收费之间的正相关关系，假设2得到了支持。由此可见，非家族 CEO 能够抑制家族控股股东的利益侵占行为，有助于降低审计师所面临的审计风险和审计成本，从而削弱了家族控股股东股权质押对审计费用的正向影响。 **表4 家族控股股东股权质押与审计费用的检验结果** | **变量** | **(1)** | **(2)** | **(3)** | **(4)** | | --- | --- | --- | --- | --- | | **变量** | **Alce** | **Afce** | **Alce** | **Afce** | | **Plerlge\_ilum** | **0.0343\*\*** **(2.93)** | **0.0549\*\*(2.02)** | | | | **Plelge\_per** | | | **0.0600\*\*(2.75)** | **0.062 5\*\*(2.13)** | | **Size** | | **0.3357\*\*(16.78)** | | **0.334 8\*\*\*(16.69)** | | **Lcx** | | **\-0.0113(-0.16)** | | **\-0.011\[(-0.15)** | | **Roa** | | **0.3920\*\*(2.61)** | | **0.3892(2.59)** | | **1儿1S号** | | **\-0.0592\*\*\*(-3.30)** | | **\-0.0584\*\*\*(-3.25)** | | **Rcs** | | **\-0.023\[** **(-0.17)** | | **\-0.0222** **(-0.16)** | | **Iny** | | **0.099 6** **(1.24)** | | **0.098\[** **(1.21)** | | **Fsh** | | **0.1189** **(1.50)** | | **0.1165** **(1.47)** | | **Big4** | | **0.3250”\*** **(2.36)** | | **0.3205\*** **(2.33)** | | **Opinion** | | **0.0249** **(0.71)** | | **0.025 3** **(0.73)** | | **GDP\_pcople** | | **0.0718(1.05)** | | **0.0716(1.05)** | | **Currenl** | | **0.0587** **(1.95)** | | **0.0587** **(1.95)** | | **Change** | | **0.0115** **(0.38)** | | **0.012\[** **(0.40)** | | **Dual** | | **0.0133** **(0.71)** | | **0.0142** **(0.76)** | | **Inilep** | | **0.082 5** **(0.55)** | | **0.0830** **(0.56)** | | **Conslanl** | **0.956 3\*(4.94)** | **0.9290\*\*** **(5.49)** | **0.9413\*\*(4.88)** | **0.932 4\*\*(4.49)** | | **Ycar\_ilum** | **控制** | **控制** | **控制** | **控制** | | **ImlusLry\_tlum** | **控制** | **控制** | **控制** | **控制** | | **N** | **6 033** | **6 033** | **6 033** | **6 033** | | **R** | **0.4090** | **0.5345** | **0.409 4** | **0.514\[** | 注：\*\*\*\*\*\*分别表示在10%、5%、1%水平上显著，括号中的数字为：值。 **(四)进一步分析：家族控股股东股权质押影响审计费用的机制检验** 前文理论分析表明，控股股东股进行股权质押后，可能会使家族企业的公司治理风险和盈余操纵风险增加，从而导致审计师收取较高的审计费用。参考 Wang 和 Xiao-47的做法，我们以“其他应收款/资产总额”来衡量家族控股股东的掏空行为(Tunnel\_dum)，作为公司治理风险的代理变量，若“其他应收款/资产总额”大于样本平均值，则 Tunnel\_dum 取值为1，否则取值为0.同时，我们利用修正的琼斯模型来计算家族企业的操控性应计利润，并以其绝对值(ABSDA)来度量企业的盈余操纵风险，在此基础上，参考温忠麟等48Baron 和Kenny-49的研究，本文将检验公司治理风险及盈余操纵风险是否在家族控股股东股权质押与审计费用的关系中具有中介作用，从前文表4中的实证结果可以看出，控股股东股权质押会显著地提高家族企业的审计费用，说明中介效应检验的第一步符合预期，因而我们在这里只需检验家族控股股东股权质押对中介变量的影响及两者对审计费用的影响即可。为此，本文建立如下模型(回归结果见表6和表7)： Controls. +Ycar dum+Industry\_dum+8t (4) **表5 家族控股股东股权质押、CEO来源与审计费用的检验结果** | **变量** | **(1)** | **(2)** | **(3)** | **(4)** | | --- | --- | --- | --- | --- | | **变量** | **Afce** | **Afce** | **Afce** | **Afce** | | **Plege\_ilum** | **0.1187\*\*(1.98)** | **0.056 6(1.94)** | | | | **Plerlge\_per** | | | **0.184 7\*\*\*(4.07)** | **0.0774\*\*(2.54)** | | **FCEO** | **\-0.0597\*\*\*(-3.99)** | **\-0.063 5(-2.17)** | **\-0.073 8(-5.07)** | **\-0.063 9~(-2.64)** | | **Pleilge\_ilumxFCEO** | **\-0.0305\*\*** **(-2.82)** | **\-0.0183\*\*(-2.26)** | | | | **Pleilge\_perxFCEO** | | | **\-0.1582\*(-3.00)** | **\-0.1244\*\*(-2.47)** | | **Size** | | **0.336 6(16.85)** | | **0.3359\*\*** **(16.78)** | | **LCr** | | **\-0.015 8** **(-0.22)** | | **\-0.0155(-0.21)** | | **Roa** | | **0.3912\*** **(2.60)** | | **0.389\[(2.59)** | | **1055** | | **\-0.0582\*\*\*** **(-3.26)** | | **\-0.0573\*** **(-3.20)** | | **Rcs** | | **\-0.0166** **(-0.12)** | | **\-0.0151(-0.11)** | | **Iny** | | **0.0911** **(1.12)** | | **0.089 3** **(1.09)** | | **Fsh** | | **0.1342\*** **(1.68)** | | **0.132 3\*** **(1.65)** | | **Big4** | | **0.323 5\*\*** **(2.38)** | | **0.319 8\*** **(2.35)** | | **Opinion** | | **0.026\[** **(0.75)** | | **0.026 3(0.76)** | | **GDP\_pcople** | | **0.0712(1.04)** | | **0.0705(1.04)** | | **Currenl** | | **0.058 3°(1.94)** | | **0.0582\*(1.94)** | | **Change** | | **0.0106(0.35)** | | **0.0114(0.37)** | | **Dual** | | **0.044 5\*** **(2.08)** | | **0.045 9\*\*** **(2.15)** | | **Iniep** | | **0.092 5** **(0.62)** | | **0.092 9** **(0.62)** | | **Conslanl** | **0.9517\*\*\*(3.15)** | **0.8664** **(5.39)** | **0.8521\*\*\*** **(3.29)** | **0.8719\*\*\*** **(5.40)** | | **Ycar\_ilum** | **控制** | **控制** | **控制** | **控制** | | **Imluslry\_ilum** | **控制** | **控制** | **控制** | **控制** | | **N** | **6 033** | **6 033** | **6 033** | **6 033** | | **R** | **0.148 4** | **0.5362** | **0.1467** | **0.5163** | 注：\*、\*\*、\*\*\*分别表示在10%、5%、1%水平上显著，括号中的数字为t值。 **表6 公司治理风险的中介效应检验** | **变量** | **(1)** | **(2)** | **(3)** | **(4)** | | --- | --- | --- | --- | --- | | **变量** | **Tunnel\_ilum** | **Afce** | **Tunnel\_ilum** | **Afce** | | **Plerlge\_tlum** | **0.0627\*\*** **(2.89)** | **0.046 7\*\*(2.36)** | | | | **Plelge\_per** | | | **0.0245\*\*(2.14)** | **0.049 5°(1.74)** | | **Tunnel\_ilum** | | **0.040 4\*\*(2.25)** | | **0.0605\*\*(5.29)** | | **Size** | **\-0.043 8** **(-3.10)** | **0.3221\*\*** **(18.89)** | **\-0.008 6** **(-1.25)** | **0.3144(16.91)** | | **Lcx** | **0.3897\*\*\*** **(5.28)** | **\-0.0175** **(-0.25)** | **0.489 3** **(8.11)** | **\-0.059 5** **(-1.06)** | | **Roa** | **\-0.256 8** **(-1.72)** | **0.440 6** **(2.98)** | **\-0.3021** **(-2.51)** | **0.393 3\*(3.42)** | | **L055** | **0.0054** **(0.21)** | **\-0.0602** **(-3.41)** | **0.035 2** **(1.17)** | **\-0.100 4(-4.31)** | | **Rcs** | **0.5345\*** **(4.20)** | **\-0.033 8** **(-0.25)** | **0.2802** **(4.13)** | **\-0.2002\*(-3.54)** | | **Iny** | **\-0.080 9** **(-0.96)** | **0.084 8** **(1.08)** | **\-0.067 8** **(-1.17)** | **0.0287** **(0.61)** | | **Fsh** | **\-0.130 3\*** **(-1.83)** | **0.096 4** **(1.26)** | **\-0.1514\*** **(-4.36)** | **0.090 3\*(2.91)** | | **Big4** | **0.238 8** **(3.54)** | **0.233 3\*** **(2.18)** | **0.129\[\*** **(3.30)** | **0.513 9\*\*\*(13.57)** | | **Opinion** | **0.086 3\*\*** **(1.98)** | **0.030 4** **(0.87)** | **0.147 5** **(2.72)** | **0.0640** **(1.81)** | | **GDP\_pcople** | **\-0.031 8** **(-0.57)** | **0.054 2** **(0.82)** | **\-0.098\[\*\*** **(-6.02)** | **0.1313\*(9.61)** | | **Currenl** | **\-0.0637\*\*(-2.12)** | **0.052 9** **(1.81)** | **\-0.087 0\*\*\*(-3.33)** | **0.074 2\*\*\*(2.80)** | | **Change** | **\-0.016 6** **(-0.43)** | **0.005 3** **(0.18)** | **0.0180** **(0.41)** | **\-0.0101(-0.26)** | | **Dual** | **\-0.0067** **(-0.42)** | **0.005 2** **(0.30)** | **\-0.0167(-1.51)** | **0.0200\*\*(1.98)** | | **Indlep** | **\-0.052 8** **(-0.33)** | **0.1124** **(0.78)** | **\-0.012 6** **(-0.12)** | **\-0.226 4(-2.49)** | | **ConsLanl** | **1.2559\*** **(1.91)** | **0.409 9\*\*\*** **(6.44)** | **1.4460\*\*\*** **(6.36)** | **0.113 3\*\*\*(27.99)** | | **Ycar\_ilum** | **控制** | **控制** | **控制** | **控制** | | **InilusLry\_ilum** | **控制** | **控制** | **控制** | **控制** | | **N** | **6 018** | **6 018** | **6 018** | **6018** | | **R** | **0.0343** | **0.555 8** | **0.165 6** | **0.535 9** | 注：\*、\*\*、\*\*\*分别表示10%、5%、1%水平上显著，括号中的数字为t值。表6给出了家族企业公司治理风险的中介效应检验结果。其中，第(1)列和第(3)列报告了模型(3)的检验结果，Pledge\_dum 对 Tunnel\_dum 的系数为0.0627，在1%的水平上显著；Pledge\_per 对Tunnel\_dum 的回归系数为0.0245，在 5%的水平上显著。可见，家族控股股东进行股权质押后，其掏空家族企业的动机更强，从而使公司的治理风险增加。第(2)列和第(4)列展示了模型(4)的检验结果， Pledge\_dum 对 Afec 的回归系数为0.0467，在5%的水平上显著，比表4中第(2)列Pledge\_dum 对 Afec 的回归系数与显著性均有所降低，且Tunncl\_dum 对 Afoc 的回归系数为0.040 4，在 5%的水平上显著；Pledge\_per 对 Afoc 的回归系数为0.049 5，在10%的水平上显著，比表4中第(4)列 Pledge\_per 对 Afcc 的回归系数与显著性均有所降低，且 Tunnel\_dum 对 Afce 的回归系数为 0.060 5，在1%的水平上显著。上述检验结果说明，公司治理风险在家族控股股东股权质押与审计费用之间起到了部分中介作用，即家族控股股东质押股权后更有可能实施掏空行为，将使得公司的治理风险增加，进而导致家族企业的审计费用增加。以上结论验证了家族控股股东股权质押对审计费用的作用机制，即公司治理风险是家族控股股东股权质押影响审计费用的重要途径， **表7 盈余操纵风险的中介效应检验** | **变量** | **(1)** | **(2)** | **(3)** | **(4)** | | --- | --- | --- | --- | --- | | **变量** | **ABSDA** | **Afce** | **ABSDA** | **AIce** | | **Plerlge\_ilum** | **0.0030\*** **(1.67)** | **0.047 4(1.94)** | | | | **Pleilge\_per** | | | **0.0134\*\*(2.43)** | **0.056 4\*(1.96)** | | **ABSDA** | | **0.098 8\*(2.36)** | | **0.1048~(2.45)** | | **Size** | **0.0030(0.95)** | **0.322\[\*** **(18.80)** | **0.003\[(0.96)** | **0.3213\*\*(18.72)** | | **LCv** | **0.0619\*\*** **(3.46)** | **\-0.026\[** **(-0.37)** | **0.060 9\*\*\*** **(3.41)** | **\-0.026 5** **(-0.38)** | | **Roa** | **0.059 2~** **(2.03)** | **0.4448~** **(3.00)** | **0.0586°** **(2.01)** | **0.4427^(2.98)** | | **L055** | **\-0.028 9\*\*\*** **(-6.86)** | **\-0.0630\*\*\*** **(-3.54)** | **\-0.0283\*\*** **(-6.71)** | **\-0.0623\*\*(-3.49)** | | **Rcs** | **0.033 8** **(1.07)** | **\-0.0270** **(-0.20)** | **0.034 5** **(1.09)** | **\-0.025 9(-0.20)** | | **Iny** | **\-0.0312** **(-1.56)** | **0.0812** **(1.03)** | **\-0.0310** **(-1.55)** | **0.079 9(1.01)** | | **Fsh** | **\-0.0137** **(-0.96)** | **0.0943** **(1.23)** | **\-0.0128** **(-0.90)** | **0.092 3(1.20)** | | **Big4** | **\-0.0014** **(-0.17)** | **0.2347\*\*** **(2.19)** | **\-0.0015** **(-0.18)** | **0.2308(2.15)** | | **Opinion** | **\-0.009 0** **(-0.96)** | **0.0300** **(0.85)** | **\-0.008 9** **(-0.93)** | **0.030 6** **(0.88)** | | **GDP\_pcople** | **\-0.002 8** **(-0.23)** | **0.0537** **(0.81)** | **\-0.002 5** **(-0.21)** | **0.0535** **(0.80)** | | **Currenl** | **\-0.0157\*\*\*** **(-2.58)** | **0.0509\*** **(1.74)** | **\-0.0157\*\*** **(-2.57)** | **0.050 8\*** **(1.74)** | | **Change** | **0.0036** **(0.45)** | **0.005 5** **(0.19)** | **0.0037** **(0.46)** | **0.0063** **(0.22)** | | **Dual** | **\-0.0002** **(-0.06)** | **0.0051** **(0.29)** | **0.0000** **(-0.01)** | **0.0059** **(0.34)** | | **Imlep** | **0.0066** **(0.27)** | **0.1127** **(0.78)** | **0.008 5** **(0.34)** | **0.1137** **(0.79)** | | **Conslanl** | **0.0939** **(0.71)** | **0.427\[** **(6.46)** | **0.086 8** **(0.65)** | **0.4304\*(6.46)** | | **Ycar\_ilum** | **控制** | **控制** | **控制** | **控制** | | **ImilusLry\_ilum** | **控制** | **控制** | **控制** | **控制** | | **N** | **6 018** | **6018** | **6018** | **6018** | | **R** | **0.0440** | **0.5560** | **0.045 8** | **0.555 9** | 注：\*、\*\*、\*\*\*分别表示10%、5%、1%水平上显著，括号中的数字为t值。表7给出了家族企业盈余操纵风险的中介效应检验结果。其中，第(1)列和第(3)列报告了模型(3)的检验结果，Pledge\_dum 对 ABSDA 的回归系数为 0.003 0，在10%的水平上显著；Pledge\_por对 ABSDA 的回归系数为0.013 4，在5%的水平上显著。这表明，控股股东股进行股权质押后，家族企业的盈余操纵风险会显著增加。第(2)列和第(4)列汇报了模型(4)的检验结果， Pledge\_dum 对Afcc 的回归系数为 0.0474，在10%的水平上显著，比表4中第(2)夕 Pledge\_dum 对 Afec 的回归系数与显著性均有所降低，且 ABSDA 对 Afce 的回归系数为0.098 8，在5%的水平上显著；Pledge\_pcr对 Afcc 的回归系数为 0.056 4，在10%的水平上显著，比表4中第(4)列Pledge\_per 对 Afcc 的回归系数与显著性均有所降低，且ABSDA 对 Afec 的回归系数为0.1048，在5%的水平上显著。以上验结果表明，盈余操纵风险(ABSDA)在家族控股股东股权质押与审计费用之间发挥了部分中介作用，即家族控股股东进行股权质押后会导致企业的盈余操纵风险增加，从而提高了企业的审计费用。由此可见，盈余操纵风险是家族控股股东股权质押影响审计收费的又一条重要路径。 **五、稳健性检验** (一)内生性问题 **1.工具变量法** 本文在模型中可能遗漏了一些影响审计费用的变量，由此会产生由遗漏变量引发的内生性问题。为此，我们采用工具变量法来解决这一内生性问题。参考谢德仁等-1的研究，本文以同年度同行业其他公司控股股东股权质押率的均值(Pledge\_otherInd)作为工具变量，因为同年度同行业其他公司控股股东股权质押率的均值与控股股东股权质押变量相关，但不太可能直接影响审计费用。从表8中第(1)列和第(2)列的回归结果可以看出，家族控股股东股权质押与审计收费依然显著正相关，这说明前文的主要研究结论具有稳健性。。 2.PSM 配对方法为了解决股票被质押和未被质押的上市公司之间存在的差别，本文采用了倾向得分匹配模型(PSM)来缓解这一内生性问题。我们按照盈利能力(Roa)公司规模(Sizc)、资产负债率(Lcv)、控股家族持股比例(Fsh)、流动比率(Current)、地区人均 GDP(GDP\_people)进行1：11：3以及核匹配。表8中第(3)至第(8)列给出了检验结果，可以看出本文的主要研究结论依然成立。 3.家族控股股东股权质押变量滞后一期我们将家族控股股东股权质押变量滞后一期，再次进行检验，回归结果详见表8中第(9)列和第(10)列，结论仍然与前文保持一致，即我们的研究结论具有稳健性。 **(二)重新度量审计费用** 本文的样本区间为2008—2017年，而各年度的审计费用可能会受通货膨胀的影响。为此，借鉴闫焕民等-5的研究，我们以2008年作为第一期，利用消费价格指数(CPI)来替代通货膨胀率，对样本区间各年度的审计费用进行调整，从而得到调整后的审计费用变量(Afec\_adj)。从表9中第(1)列和第(2)列可以看到，以 Afec\_adj 作为因变量时，主要回归结果与前文保持一致。同时，我们也重新对模型(2)进行了检验，结果仍然保持不变，由于受到篇幅的限制，未汇报这一回归结果。 **T消费价格指数来源于 CSMAR数据库。** **表8 内生性检验** | **变量** | **工具变量法** | | **1：1近邻匹配** | | **1：3近邻匹配** | | **核匹配** | | **自变量滞后一期** | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | **变量** | **(1)** | **(2)** | **(3)** | **(4)** | **(5)** | **(6)** | **(7)** | **(8)** | **(9)** | **(10)** | | **变量** | **Alee** | **Alee** | **Alee** | **AIee** | **Alee** | **Alee** | **AIee** | **Alee** | **Alee** | **Alee** | | **Pledg(11IT1** | **0.0474\*\*(2.08)** | | **0.053 5\*(2.24)** | | **0.0430~(2.06)** | | **0.0332\*\*(2.17)** | | **0.0356\*\*(2.03)** | | | **pledgDer** | | **0.0679(2.31)** | | **0.0662(1.98)** | | **0.0747(2.94)** | | **0.0561(2.78)** | | **0.0422(2.41)** | | **Size** | **0.3423** **(15.07)** | **Q.337 9^^(16.79)** | **0.3431(17.96)** | **0.3211\*\*** **(18.72)** | **0.3330^(21.95)** | **0.3231(19.80)** | **0.2930\*\*\*(17.95)** | **Q.2821^^** **(21.80)** | **0.309 3~(21.42)** | **0.3086\*\*(21.39)** | | | **\-0.0570** **(-0.09)** | **\-0.0307(-0.10)** | **\-0.0508\*\*(-2.41)** | **\-0.0276** **(-1.38)** | **\-0.0119(-0.46)** | **\-0.0161(-0.37)** | **\-0.0119(-1.46)** | **\-0.0261(-0.37)** | **\-0.1029(-1.49)** | **\-0.103 6(-1.51)** | | **Roal** | **0.1215(1.04)** | **Q.2562^(1.72)** | **0.1586°(1.91)** | **0.2421(0.98)** | **0.3592\*(2.23)** | **0.344 8\*\*(2.90)** | **0.0372(2.03)** | **0.2468\*(2.00)** | **0.428 4XXX(3.03)** | **0.4264\*\*(3.01)** | | **1095** | **\-0.0860\*(-2.13)** | **\-0.0657(-1.54)** | **\-0.0583(-1.71)** | **\-0.062 3** **(-1.49)** | **\-0.0489\*** **(-4.86)** | **\-0.0620\*\*** **(-3.34)** | **\-0.0587\*** **(-5.87)** | **\-0.0896\*\*(-2.24)** | **\-0.0877\*\*\*** **(-4.13)** | **\-0.0874\*\*\*(-4.10)** | | **Res** | **\-1.3011(-0.10)** | **\-0.030 5** **(-0.05)** | **\-0.0241(-1.19)** | **\-0.0156** **(-0.30)** | **\-0.023 8** **(-0.17)** | **\-0.0270** **(-0.20)** | **\-0.033 8(-0.12)** | **\-0.0270** **(-0.10)** | **\-0.1367** **(-1.18)** | **\-0.1370** **(-1.19)** | | **1uy** | **0.0629(1.08)** | **0.1137(1.44)** | **0.0910(1.55)** | **0.099 9(1.01)** | **0.0912(1.54)** | **0.0817(1.23)** | **0.0820(1.56)** | **0.093 2(1.03)** | **0.0212(0.30)** | **0.0220(0.31)** | | | **0.1216(1.09)** | **0.0970(1.15)** | **0.0128(0.90)** | **Q.092 3(1.20)** | **0.1137°(1.96)** | **0.0944(1.23)** | **0.1137°(1.76)** | **0.1143(1.54)** | **0.041 8(0.73)** | **0.0417(0.72)** | | **Big4** | **0.368 3(0.81)** | **0.3820\*(1.87)** | **0.3015(1.18)** | **0.330 8(2.01)** | **0.3014\*\*(2.17)** | **0.3347\*^(2.19)** | **0.344 4(1.17)** | **0.3587\*\*(2.23)** | **Q.3169(3.63)** | **0.3144\*\*\*(3.60)** | | **Opinion** | **Q.0204(0.06)** | **0.019 5(0.74)** | **0.0189(0.93)** | **0.0206(0.88)** | **0.0290(0.96)** | **0.0300(0.75)** | **0.0290(0.96)** | **0.0200(0.85)** | **0.0753(1.84)** | **0.0749(1.83)** | | **CDPpeople** | **0.0607(0.12)** | **Q.0630(0.31)** | **0.0725°(1.91)** | **Q.063 5(0.80)** | **0.072 8(1.23)** | **0.0637(0.91)** | **0.072 8(1.33)** | **0.0579(1.81)** | **0.1120(3.75)** | **0.1127\*\*(3.78)** | | **Currul** | **0.0637(1.06)** | **0.0573\*(1.77)** | **0.0157\*\*(2.47)** | **0.0508\*(1.74)** | **0.0557(2.18)** | **0.0519\*^(2.14)** | **Q.0637(3.58)** | **0.0579\*(2.84)** | **0.0289(0.96)** | **0.028 5(0.94)** | | **Cliange** | **0.017 5(0.08)** | **0.014 5(0.30)** | **0.0137(0.46)** | **0.016 3\*(2.22)** | **0.013 6(0.45)** | **0.0155(0.29)** | **0.0113(0.35)** | **0.012 5(0.49)** | **0.0004(0.01)** | **0.0012(0.02)** | | **Dual** | **0.0103(020)** | **0.0122(0.34)** | **0.0100(0.61)** | **0.0159(0.54)** | **0.0112^(1.76)** | **0.0151(0.59)** | **Q.022 2** **(0.86)** | **0.0151(0.69)** | **0.0032(0.23)** | **0.003 9(0.27)** | | **lndep** | **0.0706°(1.70)** | **0.0660\*\*(1.99)** | **0.078 5(0.44)** | **0.0837(0.69)** | **0.086 6(1.87)** | **0.0927(0.78)** | **0.076 8(0.77)** | **0.1077(1.78)** | **0.1518(1.20)** | **0.148 8(1.18)** | | **Conslaul** | **0.7101(1.13)** | **Q.6512(4.77)** | **0.5868\*(1.65)** | **0.6304\*(6.46)** | **0.603 9\*(1.71)** | **0.5271\*(2.46)** | **0.5939\*(1.71)** | **0.5271\*(3.46)** | **0.669 6(11.86)** | **0.6745(11.83)** | | **Year** **(111I11** | **控制** | **控制** | **控制** | **控制** | **控制** | **控制** | **控制** | **控制** | **控制** | **控制** | | **lndusliy\_dun** | **控制** | **控制** | **控制** | **控制** | **控制** | **控制** | **控制** | **控制** | **控制** | **控制** | | | **6 033** | **6 033** | **4711** | **4711** | **4588** | **4588** | **4 864** | **4864** | **4 845** | **4845** | | **R²** | **0.397 8** | **0.388 2** | **0.4457** | **0.4651** | **0.4440** | **0.457 3** | **0.4241** | **0.4360** | **0.5049** | **0.504 8** | **注：\*\*\*\*\*\*分别表示10%5%1%水平上显著，括号中的数据为t值。** **(三)缩小样本范围** 参考刘白璐和吕长江的做法，我们依次剔除实际控制人持股比例小于15%和20%的样本，表9中第(3)至第(6)列展示了这一结果，主要研究结论依然没有改变，与此同时，我们还重复了模型(2)的回归，结论仍然与前文一致，由于受到篇幅的限制，未报告该检验结果。 **表9 重新度量审计费用和缩小样本范围后的检验结果** | **变量** | **重新度量审计费用** | | **剔除实际控制人持股比例小于15%后的样本** | | **剔除实际控制人持股比例小于20%后的样本** | | | --- | --- | --- | --- | --- | --- | --- | | **变量** | **(1)** | **(2)** | **(3)** | **(4)** | **(5)** | **(6)** | | **变量** | **Afee\_alj** | **Afec\_alj** | **AIce** | **AIcc** | **Acc** | **AIce** | | **Pleilge\_ilum** | **0.0271\*(2.08)** | | **0.0540\*(2.52)** | | **0.049【(2.22)** | | | **Plelge\_per** | | **0.039 9\*\*(2.21)** | | **0.0617\*\*(2.23)** | | **0.0620\*\*(2.13)** | | **Size** | **0.2242\*(17.07)** | **0.237 7\*\*\*(16.79)** | **0.3356\*\*\*(16.22)** | **0.3346\*\*\*(16.11)** | **0.3406(16.34)** | **0.3396(16.24)** | | **Lev** | **\-0.0360(-0.19)** | **\-0.0107(-0.20)** | **\-0.033 5(-0.46)** | **\-0.032 8(-0.46)** | **\-0.0240(-0.32)** | **\-0.024\[(-0.32)** | | **Roa** | **0.091 53(0.54)** | **0.086\[\*(1.72)** | **0.426 6(2.82)** | **0.424 5\*\*\*(2.80)** | **0.423 4\*\*\*(2.75)** | **0.422 8(2.74)** | | **1055** | **\-0.186【(-2.13)** | **\-0.165 3(-1.74)** | **\-0.058 4(-3.22)** | **\-0.057 6\*(-3.17)** | **\-0.058 5(-3.20)** | **\-0.057 8(-3.15)** | | **Res** | **\-0.301 8(-1.10)** | **\-0.340 9(-1.05)** | **\-0.027 7(-0.20)** | **\-0.0271(-0.20)** | **\-0.040 6(-0.30)** | **\-0.040 5(-0.30)** | | **Tny** | **0.1627(0.08)** | **0.197 5(0.44)** | **0.1187(1.45)** | **0.1172(1.43)** | **0.0920(1.10)** | **0.088 8(1.06)** | | **Fsh** | **0.0216(1.09)** | **0.0370(1.16)** | **0.1204(1.49)** | **0.1180(1.46)** | **0.130 6(1.57)** | **0.130 9(1.57)** | | **Big4** | **0.1683°(1.81)** | **0.3820°(1.87)** | **0.326 8\*\*(2.37)** | **0.322 4\*(2.33)** | **0.3263\*\*(2.37)** | **0.322 4\*\*(2.34)** | | **Opinion** | **0.120 41.06)** | **0.1195°(1.74)** | **0.022 3(0.60)** | **0.023 3(0.63)** | **0.0324(0.83)** | **0.033 2(0.86)** | | **GDP\_pcoplc** | **0.160 6(1.12)** | **0.163 3** **(1.31)** | **0.064 3(0.93)** | **0.064 3(0.93)** | **0.0669(0.95)** | **0.067 9(0.97)** | | **Currenl** | **0.003 5°(1.66)** | **0.0072°(1.87)** | **0.066 6(2.15)** | **0.066 7(2.16)** | **0.063 6\*\*(1.98)** | **0.063 8\*\*(1.99)** | | **Change** | **0.8175(1.08)** | **0.8145(0.99)** | **0.006\[(0.20)** | **0.0070(0.23)** | **0.0011(0.04)** | **0.002 9(0.10)** | | **Dual** | **0.2010(1.10)** | **0.2125(1.34)** | **0.0129(0.68)** | **0.0137(0.72)** | **0.0149(0.80)** | **0.0154(0.82)** | | **Inilep** | **0.7706°(1.79)** | **0.6660\*\*\*(2.99)** | **0.107 6(0.71)** | **0.1077(0.72)** | **0.167 2(1.09)** | **0.169 9(1.12)** | | **ConsLanl** | **0.0210【(2.13)** | **0.0312\*\*(3.75)** | **0.994 4\*\*\*(5.45)** | **0.9984\*\*\*(5.46)** | **0.833\*(5.24)** | **0.8251\*\*\*(5.24)** | | **Ycar\_um** | **控制** | **控制** | **控制** | **控制** | **控制** | **控制** | | **TnilusLry\_tlum** | **控制** | **控制** | **控制** | **控制** | **控制** | **控制** | | **N** | **6 033** | **6 033** | **5 955** | **5 955** | **5 804** | **5 804** | | **R** | **0.197 8** | **0.1682** | **0.5307** | **0.5202** | **0.5144** | **0.5249** | 注：\*、\*\*、\*\*\*分别表示10%、5%、1%水平上显著，括号中的数字为t值。 **六、研究结论与启示** **控股股东股权质押及其相关研究虽然已经引起了学术界的普遍关注，但鲜有学者讨论家族企业控股股东股权质押所产生的经济后果，尤其是对审计师收取审计费用的影响。为此，本文以2008—2017年中国A股上市家族企业作为研究对象，深入考察了控股股东股权质押与审计费用之间的关系，并进一步探讨了 CEO 来源对两者关系产生的调节效应。研究发现，家族控股股东股权质押与审计师收取的审计费用显著正相关；同时，与家族 CEO 相比，非家族 CEO 会显著地削弱家族控股股东股权质押与审计费用之间的正向关系。机制探讨表明，公司治理风险与盈余操纵风险均是家族控股股东股权质押影响审计费用的重要途径。最后，控制潜在的内生性问题，并重新替换变量和缩小家族企业样本范围后，我们的研究结论依然成立。本文不仅将控股股东股权质押拓展至家族企业层面进行了研究，也丰富和补充了审计收费的相关文献，因而对于审计师实施差异化的收费策略具有一定理论贡献。** 本文研究结论表明，控股股东进行股权质押后会导致家族企业的审计收费增加。这说明，家族企业控股股东进行股权质押所产生的风险能够被审计师识别，因而审计师会通过收取更多的审计费用来予以补偿，同时，由于非家族 CEO 具有治理作用，这将使得家族控股股东质押股权后的利益侵占动机减弱，进而有助于降低审计师所面临的公司治理风险与盈余操纵风险。因此，对于存在控股股东股权质押的家族企业，审计师可以根据企业 CEO 的不同来源来制定差异化的收费策略。此外，本文的结论还有助于二级市场上的中小投资者识别上市家族企业的风险，其可以根据家族控股股东质押股权的情况进行投资决策，但对于家族控股股东股权质押率较高的企业应持谨慎态度。 **参考文献：** **\[1\]李常青，李宇坤，李茂良.控股股东股权质押与企业创新投入\[J\].金融研究，2018(7)：143-157.** \[2\]李作奎，武咸云.融资约束与企业投资关系研究：基于家族控制的负向调节作用分析\[J\].科研管理，2017(2)：10I-111. 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The moleralor - meliator variable listinction in social psychological rescarch： Conceplual， stralegic，anl stalistical considleralions\[J\].Journal of Personalily anl Social Psychology，1986，51(6)：1173-1182. \[50\]闫焕民，刘宁，陈小林.事务所转制是否影响审计定价策略：来自我国上市公司的经验证据\[J\].审计研究，2015(5)： **93-10L** **Controlling shareholder's share pledge， source of CEO and audit fees： Empirical evidence from listed family firms** SU Chun， Llu Xing **_(1. School of Accounting， Chongqing University of Technology， Chongqing 400054， P. R. China；2. School of Economics and Business Administration， Chongqing University， Chongqing 400044，P. R. China)_** Abstract： In recenl years. with the rapid developinent of sociely und econony. controlling shureholder's shure pledge has becone a very cominon phenonenon in China capital iurkel. The so-culled share pledge of controlling shureholders refers lo a debt finuncing inethod in which controlling shureholders pledge their own shares lo banks. securities conpanies. lrusl conpunies and other financial inslitutions lo oblain credit funds. This finuncing inethod has inore advunlages than other finuncing inelhods in lenns of convenience and rapidily. which can quickly help controlling shareholders solve the problein of cupital shorlage.bul also irkes enlerprises face the risk of conlrol trunsfer.For this reason.lthe shire pledge behavior of conlrolling shareholders of lisled conpanies has aroused widespread concern in the ucadeinic and pructicul circles. Although exisling reseurch has explored the influence of controlling shareholder’s share pledge on corporle audit fees. few scholurs have gone deep inlo the fanily firins level to explore the relationship belween controlling shareholder’s share pledge and audit fees. To this end. this urlicle lakes China’s A-share listed funily conpanies froin 2008 to 2017 as the reseurch objecl. deeplyYexunines the inpacl of conlrolling shareholder’s share pledge on audit fees， and unalyzes the inoderuling effecls of CEO froin differenl sources. On this busis. we have carried oul research design. consrucled relevanl research inodels. and verified the relevunl inechanisins and hypotheses proposed in the urticle through descriplive slulislical unalysis， correlation unalysis. inultiple regression analysis and inechanisin unulysis. The sludy finds that the share pledge of fainily conlrolling shareholders is significunlly posilively correluled with the audit fees chaiged by audilors. At the sune tiine. conpared with faunily CEO. non-ftnily CEO will significuntlyy weaken the posilive correlalion belween the funily controlling shareholder’s share pledge and audit fees.Further analysis finds that the controlling shareholder’s share pledge will lead to a significunt increase in corporale governance risks and eurnings mnunipulalion risks. thereby increasing the audit fees of the funily firins. Finally. ufter considering polential endogenous issues， re-ineasureinent of audit fees， and narrowing the suinple ruange of faunily firins、 our reseurch conclusions reain unchanged. The above reseuch conclusions show thal the risk arising fron the shure pledge by the controlling shareholder of the funily firins can be idenlified by the auditor. therefore the audilor will conpensule by charging inore audit fees. At the suine tine. the non-fiunily CEO can reslricl the funily controlling shureholder’s benefit encroachinent. which will help auditors lo beller identily the risks urising froin the funily conLrolling shareholder’s share pledge. Therefore. audilors can iinpleinent differenlialed charging stralegies bused on the differenl sources of ftnily firins CEO. This arlicle not only exlends the conlrolling shareholder’s shire pledge lo the ftinily firins level for reseurch. but also enriches and suppleinenls the relevant literulure on audit fees. So. it has cerlain theorelical contributions and praclical significance for audilors lo iinpleinent differenliuled charging stralegies. Key words： fanily firins： conlrolling shareholder's share pledge： source of CEO： audit fees (责任编辑傅旭东)

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低效探究"的现象及成因剖析探究学习是新课程改革积极倡导的学习方式之一，但由于教师对探究学习缺乏足够的认识与研究，因而出现了许多值得关注和反思的问题，在教学实践中并没有达成预期的探究目标与效果，甚至严重背离了探究学习的本质，出现了探究成效低下或是没有成效的探究活动，我们姑且称之为低效探究或无效探究。笔者试图就小学数学学习过程中产生低效无效)探究现象的成因作一剖析，以期去伪存真，恢复探究学习的本真面目，共同提高探究实效。一、被动探究所谓被动探究"就是在学习过程中看似老师在引导学生探究”实则学生并没有产生积极探究的动机与欲望，整个探究过程由老师牵着鼻子走。这样的探究"活动不能体现探究学习能明确课堂听”的目标，同时在课堂教学中更关注于相关知识的呈现。五、教以方法善听善思教师还应该适时教给学生听”的方法，培养其听”的能力。当学生开始认识到听”的重要性时，教师就要试着引导学生，善听者往往也是善于思考的好学生。要养成善听，就要学会倾听的方法： (1)猜想发言的同学会说什么。当课堂上教师提出问题时，要求学生先静下心来想一想，如果这个问题由我来回答，我会怎么表达；让其他同学来回答，他们会如何回答。的本质，其实是一种假探究"。 \[案例、圆的认识》教学片段一位教师引导学生认识圆心、半径、直径以及其他特征。师：谁能说说你是怎样画圆的?生：找一支点支在纸上，转圈...... (师边示范画边小结圆的画法) 师：固定的一点叫圆心，用字母○表示。圆心0有什么作用呢? (2)对同学的观点进行归纳。有同学在回答问题时，自己应做到不插嘴，不与其他同学讨论，仔细听同学的发言，并对他的观点进行归纳。 (3)想一想他说的有没有道理。把同学的观点与自己的观点、刚才猜想的其他同学可能出现的观点进行比较，思考他说的有没有道理。如果觉得与自己的观点不同，可用我认为......”我想补充说明......”等方式与大家交流。六、以身作则及时反馈教师要让学生认真听讲，，首先自己应该学会倾听。课堂上不管是好学师进一步启发：你们画的圆心在什么地方?老师画的圆心又在什么地方?再想一想圆心有什么作用呢? 生：圆心可以决定一个圆的位置。师：观察两脚间的距离有没有变化?你能用什么方法表示出这一距离? 生：从圆心到圆上画一条线段。师：这条线段的两个端点分别在哪里? 生：在圆心和圆上。师：连结从圆心到圆上的线段叫做半径，半径用字母r表示。谁能说说什么叫半径?半径又有什么作用呢? 老师想放"又不敢放"，或不知道怎么放"，师生之间一问一答，课堂提问琐碎，学生的思维空间狭小，缺乏生还是潜能生，无论是说对了还是说错了，无论是说得清楚明白还是语无伦次，教师都要专注地倾听，不能有半点不耐烦，更不能随意打断学生的发言。在倾听的过程中如发现学生困惑的焦点、理解的偏差、观点的创意，应及时给予点拨或建议。倾听的习惯养成是需要时间的，教师切莫急于求成。在训练过程中要有针对性，从小处练起，循序渐进地分项进行练习，才能取得良好的效果。 (浙江省绍兴县实验小学 312031) 自主思考与探究的余地。究其原因，是因为老师没有仓设好把学生思维引向纵深的问题情境，学生始终处于被动状态，失去了探究学习的价值。二、指向不明实施探究学习，首先要有明确的探究目标，只有这样才能灵活运用科学的探究方法，进行有意义、有价值的探究活动。可不少教师并没有从教材的内容特点和学生的实际需求出发，来引导或帮助学生确立明确具体的探究目标，从而导致探究活动陷入一种漫无边际的盲目活动之中。 \[案例、认识乘法》教学片段为了沟通数学与生活的联系，教师创设了一个生活情境，出示了动物园里的一角”。教师引导学生观察并提问你发现了什么”。生：我发现小河里的水在不停地流! 生：我发现小兔在小河边摘蘑菇呢! 生：我发现小鸡的头在一动一动的，它们在啄米还是捉虫子? 生：我还发现有两座房子，那是小兔的家还是小鸡的家呢? 十多分钟过去了，学生不断有新的发现，教师也在肯定中不断提问你还发现了什么"，于是，学生又有很多新的发现。情境创设固然生动，学生情绪也确实高涨。但是，十多分钟过去还纠缠在你发现了什么"，远远没有切入正题，其效率实在低下。这与教师没有及时引导学生明确本节课的探究目标大有关系。目标不明，学生的思维始终在浅层次的交流与发现中徘徊。再则，画面过于生动，情境过于丰富，太多的干扰"容易分散学生的注意力，从而冲淡了本节课的探究主题。三、流于形式很多教师把探究学习当做一种时髦与摆设，没有真正理解探究学习的本质特征，在教学中片面追求形式上的探究，而忽视了探究实效。这样的探究学习不仅不能解决问题，还会迷失教学的方向和目标。 \[案例\]三角形内角和》教学片段教师先引导学生猜想三角形内角和为180度，再说明猜想的合理性。师：请各个小组组织讨论，用你们自己的方法去验证猜想的结论是否正确。学生纷纷拿出课前准备的直尺、三角板、剪刀和三角形纸片等材料，通过剪剪、画画、拼拼，认真地尝试着。只一会儿，教师便示意学生停止探索验证，也没有组织学生进行全班交流，而是用多媒体课件演示教材中的剪拼方法验证...... 上述探究活动的安排与设计，本是一个非常好的让学生动手实践、自主探究的内容。可惜的是，当学生兴趣正浓、劲头正足的时候，教师却中断了学生的合作探究。很明显，探究时间不够充分。再则，学生自主探究之后，教师并没有组织学生进行经验的交流与分享，而是机械地演示预先设计好的课件。这样的探究只是一种表面探究，是一种没有任何价值的形式探究。四、缺乏指导在教学中，有的教师该给学生引导的不引导”，该给学生讲解的不敢讲”，唯恐被别人冠以理念不新"的帽子。有的教师为了充分体现学生的学习自主性，让学生在课堂上漫无边际地去自由探索、信马由缰，在关键之处缺乏教师有效的指导，致使探究效率低下。 \[案例【能被3整除的数的特征》教学片段教师激趣引入课题：以前都是老师出题考你们，，今天咱们换一下，让大家出题考老师。你们随便报一个数，由我来判断能不能被3整除。"学生顿时活跃起来，纷纷报数。生：43。师：不能。生：723。师：能。生：573618。师：能。到底怎么回事，学生面面相觑，教师及时抓住学生渴求知道原因的心理，让学生自主探究能被3整除的数的特征，但由于学生受到了能被2、5整除的数的特征要看个位"的负面干扰，所以根本无从下手，探究不出个究竟来。时间在不断地流逝，无奈之下，教师只好向学生分步教学能被3整除的数的特征。教师重视激发学生的学习兴趣，但却忽视了探究过程中教师的有效指导。再则，由于教师没有充分把握学生的先前经验与认知水平，设计的探究活动缺乏层次性与可操作性，从而致使整个探究活动没有落到实处，最终只好匆匆走过场。教师是学生学习的组织者、引导者、合作者。探究学习不是不要教师指导，关键是教师如何履行好自己的职责与义务，当好学生学习的伙伴与朋友。正如荷兰教育家弗赖登塔尔所说：指导再创造意味着在创造的自由性和指导的约束性之间，以及在学生取得自己的乐趣和满足教师的要求之间达到一种微妙的平衡。” 毋庸讳言，探究学习费时，进程缓慢；探究过程随机性大，结果难以调控，常常偏离预期目标，这些都是客观存在的问题。要提高探究学习成效，笔者认为，一方面教师要正确处理课程目标与课时目标之间的关系。在设计探究活动时，教师既要考虑探究过程的顺利展开，又要保证学习成效。另一方面，教师要注意培养学生良好的探究习惯与能力，以保证探究活动的有效实施。同时，教师自身也应不断积累经验，增强探究过程的实时调控能力。 (浙江省义乌市福田小学322000

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**全球化视域下法学教育改革的思考** 艾琳 **(吉林大学法学院，吉林长春 130012)** **〔摘要在全球化的洗礼中，法学作为公共秩序的确立者与维护者，必然要经受比经济学、政治学、社会学等其它学科更多的价值拷问，它需要法学教育宣誓自己的价值选择，改革教育手段和方式，引领法律人走出全球化所带来的困境。法学教育要应对全球化，实现司法伦理、专业知识、职业技能的有机融合，就要以伦理教育为根本，以精英教育为途径，以职业教育为目标。** **〔关键词〕全球化；法学教育改革；伦理教育；精英教育；职业教育** **〔中图分类号〕G521 〔文献标识码〕A 〔文章编号〕1002-8064(2014)01-0027-04** **全球化正深刻地改变着国际格局，调整着世界各国的社会生态与发展方式，影响着人类既有的意识形态与价值观念。在全球化的洗礼中，法学教育面临着前所未有的危机与挑战。有着各自文化和传统的不同国家和地区中原本独立的法律制度体系表现出前所未有的开放性。作为公共秩序的确立者与维护者，法学必然要经受比经济学、政治学、社会学等其它学科更多的价值拷问。这些拷问已远远超出工具理性的范畴，它需要中国的法学教育宣誓自己的价值选择，改革教育手段和方式，引领法律人直面全球化所带来的严峻挑战。** **为了应对新时期法学教育面临的紧迫任务，中共中央政法委员会、中华人民共和国教育部于2011年12月23日下发了教高\[2011\]10号文件——《卓越法律人才教育培养计划的若干意见》，正式启动了“卓越法律人才教育培养计划”，并在全国首批建立23个“涉外法律人才教育培养基地”，这是我国法学教育应对全球化的重大举措。** **现代法治国家对法律职业人员的要求大体可以概括为人文素质、法律专业知识、法律职业技能三个方面。这三个方面也是法学教育全球化的主要研究内容。笔者认为，法学教育要应对全球化，人文素质教育当以伦理教育为根本，法律专业知识教育应** **以精英教育为途径，法律职业技能教育要以职业教育为目标。** **一、强化伦理教育** **虽然不同国家在法律制度和教育理念上呈现出巨大差异性，但是对法的基本价值的理解是一致的。在中国，“法”的繁体汉字是“渡”。说文解字中，“渡刑也，平之如水，从水；腐，所以触不直者去之，从去。”从水，表示法律、法度体现的应是公平如水；鷹，是传说中远古时期的一种独角神兽，它生性正直，有着明辨是非、判断曲直的神性，在人类相互之间发生纠纷时，它用其独角“触不直者”；从去，表示“不直者”败诉。“水”和“去”也正是简体汉字“法”的组成部分。无独有偶，在西方罗马神话中，司法女神Jus-titia 一手持天平、一手持宝剑，蒙上双眼“用心灵观察”，秉持“Fiat justitia ruat caelum"的法义，意思是“即使天崩地裂也要让正义得以伸张”。无论是中国的“腐”还是罗马的“Justitia”，都被赋予了“正义”这一神圣的光环。这种一致性为不同社会制度和文化条件下的法律相互交流借鉴搭建了共同平台，成为法学教育全球化的奠基之石。** **“法律必须被信仰，否则将形同虚设。”?应当看到，全球经济的飞速发展在为人们提供了越来越多的物质财富的同时，也为拜金主义和功利主义提供** **〔收稿日期)2013-10-16** **〔作者简介)艾琳(1982-)，女，吉林大学法学院，博士研究生，研究方向：法学教育。** **了沃土。在这种背景下，世界范围内的许多法律工作者在践行法律的过程中下意识的经历了“人格异化”的过程，他们当中的一些人利用熟谙法律技巧而攫取利益，丧失了捍卫正义的信念，与法的基本价值渐行渐远。2007年8月29日，美国耶鲁大学法学院开学典礼上，院长 Harold Hongju Koh 说：“Never Let you skill exceed your virtue... excellence without hu-manity is worthless... accomplishment without humili-ty is tragic.(永远别让你的技巧胜过你的品德...缺乏人性的杰出是卑微的...没有谦逊的成就是可悲的)”由此可见，法学教育中最为重要的不是法科学生对法的概念和应用技巧的掌握，而是引导他们从灵魂上确立对法的信仰和对法的敬畏。从这个角度讲，人权要人法，良心也要人法。法学教育不仅要遵循自然和社会发展的一般规律，还应体现人类道德。因此，弘扬法的精神、培育法的观念、传播法的内涵，理应成为法学教育的基本要义。通过法学教育促使法科学生树立崇高的法律信仰，使法的精神内化于心而外化于行，善用法律利器“触不直者”。** **当前我国法学教育无论是本科阶段还是研究生阶段，对司法伦理和职业操守方面的教育都不够重视，相关内容多被放在学生走出校门进人司法工作之后。伦理教育的缺位，为司法队伍提供了大量的潜在“腐败免疫缺失者”。因此，提高司法伦理教育在整个法学教育中的比重应是法学教育改革的重要内容。笔者建议，法学院每学年至少开设两门司法伦理方面课程，课时安排可长可短，以求达到“警钟长鸣”的效果。同时还要改革司法伦理教育的方法和对学生的评价方式：首先，要进行必修课式的课堂教学，传授关于人权、良知、道德等方面的相关知识，并以考试的方式考察学生成绩。其次，要组织学生观看教育影片，参加“下乡”或“支边”活动，并以论文的方式考察学生的成绩。第三，要建立与司法机构的联合培养机制，让学生通过与法官、检察官、公证员、律师、警察、当事人等的交流，潜移默化地增强对司法道义的感知与认同。** **另外，在伦理教育的实施过程中，要培养学生的国际视野，让他们学会分析并尊重不同国家、不同文化、不同社会制度之间在司法方面的差异。** **二、重视精英教育** **改革开放以来，随着社会经济水平、政治水平的不断提高，我国越来越重视民主法制建设，法学教育进人快速发展时期。尤其是从1999年开始，随着全** **国范围内的高校扩大招生规模，中国的法学教育呈现出“大众化”的趋势3。这种“大众化”教育的确在特定的历史时期内起到了积极的作用，缓解了社会对一般法律专业人才的需求。然而，随着时代不断发展，“大众化”的教育模式已经无法适应我国经济社会发展对不同层次法学人才的客观需求。当代社会对适应全球化的跨学科、跨体制、跨文化的高水平复合型法律人才的需求已经达到如饥似渴的程度。** **人是自然界的生物，对于任何一个人类族群而言，其内部所有成员的先天智力优势和后天竞争能力都具多样性。这种多样性的发展必然会导致一部分人脱颖而出，成为族群中的精英。这些精英身上带着族群普遍认同的制度与文化印记，又有能力作为族群的代表与其他族群进行交流和沟通。法科学生群体也是人类族群，因此“族群精英规律”在法学教育中也必然适用。很多国际法学论坛、国际法学会议都是由“超级国家”的“超级大学”的“超级学生”们在唱主角，这也一定程度上印证了该规律。因此，法学教育要迈向全球化必须把培养精英放在十分重要的位置上。** **笔者认为，在如何看待“精英教育”的问题上，人们存在两个主要误区。第一个误区为“面对少数人的教育即为精英教育”。有些院校对法学专业进行缩招甚至停招，认为在教育资源总量确定的前提下减少学生人数，就能够增加每个学生的“含金量”。然而，重点院校也有“凤尾”，普通院校也有“鸡头”，只靠学生数量来判断是否是精英教育，否定了精英学生和普通学生在教育资源需求上的差异性。第二个误区为“时间长的教育即为精英教育”。很多院校认为通过读硕、读博延长学生在校学习时间，就能够增加每个学生的“含金量”，从而简单地将精英教育混同于研究生教育。事实上教育时间并不等同于教育质量，就业市场上因高学历低能力而败北者俯拾皆是。** **本文所阐述的“精英教育”的内涵是：在承认客观存在的“学生智力金字塔”的基础上，根据“金字塔”的层次设置课程体系，并根据学生在“金字塔”各个层次中分布的变化情况对课程体系进行动态调整，从而保证能为不同学生特别是发展水平较高的精英学生提供适合他们快速发展的课程体系和教育条件。根据上述思想，笔者提出下列课程改革方案：** **在法学院设置六个课程类型，一类为司法伦理必修课，如司法伦理学、法律职业道德；二类为法学** **基础理论必修课，如法理学、中国法制史；三类为专业理论必修课，如国际经济法、刑法学；四类为法学相关交叉学科选修课，如政治经济学、计算机取证；五类为法律实践课程，如案例研讨、模拟法庭；第六类为法学前沿专题课程。学生能否选择某门课程，与学生所在年级无关，只取决于该生是否已经修完该门课程要求的所有前课。当然以上只是一个简化版的示例，具体操作过程中还要考虑每个学校的学科优势、办学特色以及教育资源条件。** **“精英教育”有利于高校教育资源的按需分配，让处于“金字塔”不同层次的学生各取所需。精英学生结合自己的优势与兴趣培养综合能力，成为全球化人才的储备；普通学生则通过修满学分完成“大众化”水平的高校教育，满足我国法制发展对不同层次法律人才的多样化需求。** **另外，在教育过程中还要正确引导和培养学生们的全球化意识，打破学生可能产生的思维定式。全球化不是“英语化”要让学生理解不同法治制度间的主要差别在于社会文化内涵而非语言表达方式。全球化不是“西化”，英语学得好不等于能够处理跨域、跨境的法律问题，因此，要引导学生不仅要向英美等西方发达国家学习，还要善于借鉴非洲、拉美、南亚等国家优秀的法律文化制度。这对他们以后顺利地进人国际学术和职业前沿领域，成长为适应全球化发展要求的高层次法律人才，善于解决不同国家间的制度冲突，更加有效地发挥法在促进国际经济贸易、文化交流、人员往来以及危机处置、纠纷解决中的作用具有重要意义。** **三、改善法学教育与职业教育的关系** **在全世界范围内，包含英、美、法、德等在内的很多国家均以“职业教育”作为法学教育的主旨。然而在我国，法律职业准人制度与法学教育制度互相分立，这种制度设计使得“职业教育”成为法学教育难以逾越的鸿沟，这与法学教育全球化的宗旨是相悖的。** **改革开放以来，我国民主法治建设要求法学教育快速发展，全国法学院系数量和招生规模逐年激增，这必然导致法学教育以培养法学师资和法学研究人员作为重点。这段时间内法学教育呈现“学术化”的趋势是时代的必然选择。然而经过几十年的发展，全国的法学院系的数量和招生规模均达到较高的水平，社会发展对于法学师资和研究人员的需求大幅度缩减，而对法律实务人才的要求却逐年提** **高。这表明法学教育的天平向“职业化”方向倾斜时代已经到来。** **从职业准入制度设计的角度来看，我国司法考试是唯一一道进人法律职业的门槛，其报考条件为“具有高等院校法律专业本科以上学历，或者高等院校其他专业本科以上学历具有法律专业知识”，然而实际报考操作过程中，并没有建立一种程序或标准来确认法学专业以外的学生是否真正“具有法律专业的知识”。这种制度在事实上允许所有具有本科及以上学历的人报考，再加上司法考试过程中难以避免而又终将被利用的模式化规律，使法律职业不可避免地成为了“谁都能做的万金油”。有数据证明，全国司法考试的社会平均通过率约22%，而全国政法院校毕业生的平均通过率只有24%。这种现状对法学教育产生了巨大的负面冲击，使法学教育不断地脱离了法律实务，正如贺卫方教授所说，“由于法律职业与法律教育的脱节，我们的法律实务难以成为专业知识得以生长的温床，书斋里的高头讲章与操作中的章法混乱形成了强烈的反差。”5\]** **笔者认为，中国的法学教育要与全球化接轨必须实现向“职业教育”的回归，其改革的重点集中在如下三个方面：** **(1)师资职业化** **法学院系的师资擅长学术研究但职业化教学实力不足，面检察院、法院、律所等法律实务部门的执业者长于实践经验但缺少系统的理论教学经验，在法学教育中将双方有机结合可以实现优势互补。其一，从法律实务部门中挑选高学历的执业者担任对应课程的主讲教师；其二，安排有潜力的教师到专业课对应的法律事务部门挂职，通过亲自参加法律实践提高法律职业教学的能力和水平。** **(2)实践拓展化** **在职业化法律技能教学中，实践教学具有十分重要的地位。当前实践教学的主要问题在于，由于机制和体制的壁垒效应，公检法、律所等法律实务部门当前所提供的实践实习资源远远无法满足法学专业学生的需求。为解决这一问题，中国政法大学、吉林大学、武汉大学等高校联合中央到地方的各级司法机关和法律行业组织等37个国内协同单位及16个国外协同单位，共同组建“司法文明协同创新中心”6\]。这为学校拓展实践资源开辟了一条有效的路径。但也必须看到，在公检法、律所等法律实务部门之外，众多企事业单位也都有法务部门，每个单位** **的司法实践资源虽然有限，但是这些单位数量庞大。将这些企事业单位纳人“司法文明协同创新中心”，不仅可以为法学教育提供十分广阔的实践实习资源，也能够与更多样化的盟友单位增强法律联系、共享法律资源。** **(3)司考专门化** **司法考试是法律职业化的重要关口。我国司考开始之初，法学专业学生严重不足，因而允许非法学专业的人员参考有一定的合理性，可是随着法学专业毕业生的饱和，这种“先天不足”在法律实务中逐渐显露出来。为了保证法律执业人员的整体素质，有必要将司法考试从社会性考试转变为行业性考试，通过制度改革将正规法学教育确立为法官、检察官、律师等核心法律职业的必要条件。另外，可以考虑在重点法学院校进行司法考试课程资质认证，使得修够特定课程且成绩优秀的学生可以直接取得司法考试合格证书。** **总之，法学不仅是价值的“拷问”、朴实的“学** **问”，还在于它具有鲜明的“实用性”。因此。在全球化和政治变革、社会转型的背景中，促进司法伦理、专业知识、职业技能的有机的融合，强化伦理教育、精英教育和职业教育，是法学教育改革的必然趋势。** **〔参考文献〕** **\[1\]李磊.论法律职业化与法学教育改革\[J\].民族教育研究.2013，24(1)： P.123-127** **\[2\]\[美\]哈德罗口J口伯尔曼.法律与宗教\[M\].梁治平译.北京：中国政法大学出版社，2003， P. 3.** **\[3\]尹超，刘金国.科学发展观视野下的法学教育CJ\].法学杂志.2009，10： P.32** **\[4\]徐敏.法学教育：“职业化”理解需宽泛\[N\].解放日报.2009年1月8日第007版** **\[5\]贺卫方.中国法律职业：迟到的兴起和早来的危机\[J\].社会科学.2005，(9)： P.90** **\[6\]张文显，张保生，王树义，柳经纬，突破机制体制壁垒，组建培育司法文明协同创新中心\[J\].中国高等教育，2013，(9)： P30-33** **Thinking on Legal Education Reformwithin the View of Globalization** **_AI Lin_** **(Law School JLU， Jilin Changchun 130012 China)** **Abstract： In the tide of globalization， Laws stands as the establisher and protector of the public order thus is destined to receive more value torture than other disciplines like economics， politics， and sociology. Legal education needs to announce its value tendency， to reform the method and mode of education， and to lead the legal staff in conquering the difficulties brought by globalization. Judicial ethics， professional knowledge and vocational skills have to seamlessly fuse together for the legal education to cope with glo-balization. In the fusing procedure， ethies education acts as the basis， elite education acts as the way， vo-cational education acts as the target.** **Key words：globalization， legal education reform， ethics education， elite education， vocational education**

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广电视听李圆圆电视科教节目影响力的打造津电视台科教频道《科教大视野》天是天津电视台唯一一档推广传播科学、教育方面知识的电视节目，但自节目开播至今，其影响力并不尽如人意。笔者下面就如何提高《科教大视野》(以下简称《科》)的影响力谈些自己的看法。科教节目的定位以及《科》的定位科教节目定位为传播分析讲解科学知识，以宣传科教知识为主，充分利用电视的技术优势，使信息得到广泛有效的传播，避免说教和过于专业化。具体到《科》，它表明围绕“普及科学知识，指导幸福生活”的宗旨，讲述生活中的式的报道样式、方法，开掘出新闻事实中蕴涵的信息内容，以变化的文体反映丰富的新闻内容，来提高新闻报道的质量，增强可视性与社会功能。首先就是新闻信息内容的创新。在被记者精心摄取的新闻事实中，充斥着记者要表明的态度、电视要宣传的意识形态、思想性和指导性，这要求信息内容要更具有可视性、更有“嚼头” 正是基于这样的认识，龙口电视台在策划《环境建设年大家当裁判》时，注意推陈出新，扬长避短：利用“漫画”的方式，将记者拍到的一些不文明现象，做成了一幅幅具有讽刺意味的图像。比如记者在城里抓到了“有人养牛”这个猛料，按照以往的报道形式，记者在摆出现象以后，要发表一番议论。实践证明，观众已经对于说教式的新闻不感兴趣，甚至产生了“厌恶”的心理。记者在做这个片子时，注意到了创新。出场的先是一个动画人物，继而传来一声牛叫，动画人物的头脑中显出问题来买一城里?乡下?然后是一个个记者拍到的科学知识，同时依托天津教育资源，配合热点问题，为社会各界提供考试、就业等方面的帮助。《科》收视低迷的原因 1.缺乏故事性目前，国内的科教节目制作，主要用悬念吊观众胃口，用故事来讲解复杂难懂的科学知识，使观众一目了然，是现在科教类的节目的基本叙述风格。《科》报道新闻没有波澜起伏，很难吸引观众。 2.单一的节目推广方式央视十套的《百家讲坛》节目走红之后，衍生出各种出版物，如图书、音因养牛而形成的“脏、乱、差”现场，最后点出——养牛就在城里的庙沟市场。整个片子一气呵成，没有一点议论，但是观众一看就明白记者的真实意图。这样，教育效果就在“兵不血刃”中形成了。其次，节目制作形式要“突围”。记者采访回素材后，就看制作人员如何将这些“猛料”加工成可口的“饭菜”在制作时，我们充分考虑到了字幕的点缀作用。比如我们采访了一期家长接送孩子放学时堵塞交通的现象。在制作字幕时，制作人员将“这里是车水马龙的马路”这几个字作成起伏的波状字体，让观众有一种身临其境的感觉；在处理几个家长在路边给孩子穿衣服的镜头时，我们没有多费口舌，而是在画面上晃动着一个大大的问号，我们所要表达的意思跃然于屏幕上了；结尾词-“这里的马路何时不再拥挤?”这几个字的制作让我们着实费了一番脑筋，琢磨来琢磨去，最后，我们将问号突出了出来，让问号先出场，在画面上晃动着，继而出来文字，这种表达效果远胜千言像制品等，巩固收视群体，形成一条产业链，带来了可观的经济收入，是十分理想的节目运作方式。《科》在新闻产品销售上没有突破，没有形成与之相对应的产业链条，很大程度上不利于扩大影响力。 3.对节目影响力的重视不够《百家讲坛》的热播带动了《名家论坛》等讲座节目的兴起，为科教栏目的运作积累了有益的经验和范本，同时，成功引导大众对中国传统历史文化的重新关注，赢得了良好的社会效益。因此，仅仅以收视率衡量电视科教节目确实是有失偏颇的，而应从传播影响力的视角综合文化节目的内涵价值和媒体的社会万语。在制作时，我们还充分利用了现场声和配乐的作用。现场声有着无可匹敌的作用，只有让观众听到现场的声音，才能使观众产生身临其境的感觉，才会激发观众参予其中的意识。我们在拍摄城里人养牛这一题材时，记者在现场等了很长一段时间，就是为了拍到牛的叫声。牛的一声叫，给片子增色了不少。但如果现场声达不到期望的效果，我们就附助一些配乐。比如制作“井盖”篇时，我们在表现一个人不小心掉进去的时候，就采用了一段很紧张的音乐，营造出了那种紧张刺激的意境。电视舆论监督类节目难搞，这是不争的事实。但正因为难搞，所以更能反映出电视从业人员的能力和素质。运用“电视漫画”这种形式来进行舆论监督，只是一种探索，当然了，文无定法，如何搞好舆论监督也是“路有千万条”这就要求电视从业人员在平时的工作中，勤想、精思、细做，努力寻找最佳的切入点，才能达到最佳的传播效果。 (作者单位：龙口市广播电视台) 功能及深远意义进行考察。①《科》应当在低迷的收视率面前理智分析，调整节目制作战略，做成有影响力的栏目。另外，从《科》节目本身分析，还有如下两点不足。第一，定位不准确。表现在节目内容偏离主线，如节目内容与“科教”鲜有关联，今年8月的某期节目中有一则消息是《新三条石桥护栏，一夜之间全部丢失》，与“科教”毫无关联。再就是奇闻异事做主角，还是这期节目，有则新闻《16岁中巨额大奖22岁破产》，标题十分抢眼，这种做法在短时间内也许会奏效，但不是节目正常健康发展的长久之计。第二，内容散乱。该栏目若干新闻之间不具备关联性，只是简单的罗列。每期节目没有一条主线贯穿始终，十分零散。改进的途径 1.首播时间的调整 7月中旬，节目进行了首播时间调整，由原先的每天18：50左右调整为现在的20：45，与一些重要新闻类节目错开了时间，重播时间为次日12：20左右。调查显示，首播时间改变之后首播收视率整体高于调整前近50%。 2.受众构成对节目影响力的影响右表为2009年7月1日~7月19日《科》受众构成数据，可以看出，受调查受众男女比例基本持平，51~60岁的受众为32.94%，是观看《科》人数比例最高的受众群：中学及以上受教育程度的受众占目标受众群的93.09%。节目的设计应该紧密围绕着目标受众进行，制作通俗易懂的节目，由于51~60岁的受众对于实际生活知识的需求量较大，所以，将生活实际融入节目中，能够充分满足这类受众的观赏需求。 3.播出频率的重要性建议该节目由日播改为周播，便于有充分时间将节目做精做深做广，使节 | 目标 | 百分比 | | --- | --- | | 4岁以上所有人 | 100 | | 男 | 48.41 | | 女 | 51.59 | | 4-14岁 | 2.56 | | 15-20岁 | 3.75 | | 21-30岁 | 17.21 | | 31-40岁 | 15.26 | | 41-50岁 | 17.72 | | 51-60岁 | 32.94 | | 61岁以上 | 10.56 | | 未受正规教育 | 2.02 | | 小学 | 4.88 | | 初中 | 26.82 | | 高中 | 50.2 | | 大学以上 | 16.07 | 目逐步成为一档精品科教类节目，这样才能加深受众的印象，逐步培养固定的收视群体，成长为品牌，从而提高影响力。 4.摒弃过度猎奇性内容如果将《科》的猎奇性叙事方式作为节目的主要叙事方式，就忽视了科教类节目的知识性。要想从本质上提升节目质量，应该摒弃过度的猎奇性内容。 5.让节目更加紧凑建议每期节目确定一个主题，用讲故事的手法，运用技术手段，将晦涩的知识用观众喜闻乐见的方式展示出来。 6.借鉴国外的成功经验《探索》是世界上发行最广的电视品牌节目，目前到达全球 160 多个国家和地区，以35种不同语言播出节目，成熟的叙事技巧和丰富的人文关怀成为《探索》成功的两大因素。首先，适当的叙事观念可为节目奠定坚实基础。在《探索》中，各种故事随处可见。不同影片中的故事从结构上看分布是不同的……中间穿插若干连环小故事……有的影片全片整个就是以一个大的故事为主体，其中包含有许多小故事。②而《科》在节目叙事方式上也采取了讲故事的方法，但“为了讲故事而讲故事”，大大降低了节目的可观赏性。丰富的人文气息可以提升品位、锻造风格。《探索》运用拟人化的表现手法，拉近了人与自然的距离，具有丰富的人文气息，既温馨又亲切，观众会在不知不觉中对节目的表现方法产生认同，从而形成心理上的接近。《科》显得活泼不足，《探索》的“人文情结”值得借鉴和学习。注释： ①张炜：《从(百家讲坛)谈电视科教节目的传播影响力》\[N\]，《山西市场导报》，2009 年7月2日 ②黎永强钟苏洲：《纪实性娱乐节目(探索(Discovery))传播理念初探》\[J\]，《声屏世界》，2002年第9期 (作者单位：天津师范大学新闻传播学院) 资讯央视财经在浙报集团设特约记者站 10月31日，央视财经频道总监郭振玺携10余人的团队赶到杭州，为了两件事，一是就改版听取杭州观众的建议；二是跟浙报集团揭牌特约记者站，为钱江晚报的两名财经记者颁发聘书。也就是说，浙报的财经资讯将和央视财经频道共享。 9月27日，浙江日报报业集团与刚刚全新改版的中央电视台财经频道签署战略合作协议。协议确定，两大媒体将充分整合各自的报道资源、团队优势，全面开展各层面的业务合作，探索电视媒体与平面媒体合作发展的新路径。 ◆稿件互换，联合采访、联合报道实现人员、选题、设备共享。 ◆共同发起成立文化产业基金，创办面向全国市场的高端财经媒体，联合主办重大主题活动，为对方品牌推广、市场成长和广告提升提供整合营销策略和优质服务。 ◆财经频道支持浙报集团进军财经图书出版市场，优先把频道电视节目资源转化为出版资源提供给对方。 (来源：浙江在线)

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·专论信息管理类专业课程互动式教学的实现胡昌平，赵雪芹 (武汉大学信息管理学院，湖北武汉430072) 摘要：信息管理类专业课程教学内容随着社会发展和资源、技术的变化不断更新，教学组织上存在着与社会需求相适应的问题，为了满足培养创新型人才的需求，有必要改革传统的信息管理类专业课程的教学，将互动式教学模式引入教学中。本文提出了基于师生互动、教学环节互动、校内外互动相结合的开放式互动教学模式，结合“信息服务与用户”课程对互动教学的模式及实践进行了分析，以期对信息管理类专业课程教学改革起到积极的推动作用。关键词：互动式教学；信息管理类专业；实践教学中图分类号：G270 文献标识码：A 文章编号：1007-7634(2008)08-1121-04 Realization of the Interactive Teaching for Information Management Discipline HU Chang- ping， ZHAO Xue - qin ( School of Information Management，小Wuhan University， Wuhan 430072， China) Abstract：： With the society development and renewal of resource and technology， the teaching of Information Management discipline should be adapt to the enlivenment. It’s necessary that use interactive teaching model to reform the traditional Information Management discipline teaching to fulfill the need of cultivation of innovative talent. The paper refers to opening and interactive teaching model that based on combination of Teacher-Stu-dent Interaction、 teaching programs Interaction and intramural - external Interaction， and practices the model in the class of “Information Service and User" to provide an reference for Information Management discipline. Key words： interactive teaching； infommation management discipline； practice teaching 培养高素质人才的核心是培养学生的创新能力与实践能力。信息管理类专业课教育要“面向未来”，培养勇于进取，善于创造的开拓型人才，培养有独立学习精神，又能主动吸收新知识的外向型人才，而这种教育目标的实现是传统封闭型教学不能达到的，因此，采用新型的开放互动式教学模式已成必然。培养实用型创新人才，不仅是适应经济建设和社会发展需要，而且又是学科自身建设和发展的必然要求。信息管理类专业课程互动式教学模式是一种有别于传统的教学模式，它不仅具有信息管理类专业固有的特点，而且也是对传统教育理论的创新，实现教学、研究与实践的结合，关键在于在教学实践的基础上进行师生互动、教学环节互动、校内外互收稿白期：2007-12-30 基金项目：武汉大学教学改革项目“信息管理类专业课程开放式教学体系构建与实线”的研究成果. 作者简介：胡昌平(1946-)，男，湖北枝江人，教授，博士导师，从事信心管理理论与应用研究；赵雪芹(1983-)，国家折当女，山东青岛人，硕士研究生，从事信息管理理论与应用研究. 动，即确定开放式互动教学模式，这是对课堂与课外开放互动的发展。其互动模式的确立从时、空上改变了专业教学结构，创新了人才教育方式，有利于开放环境下基于互动的大学生发展空间构建。 1 师生互动互动式教学，是师生双方相互交流、相互启发、相互补充，从而达到共识、共享、共进的教学方式，是一种师生之间双向沟通的教学方法。教师是教学过程的规划者，是学生的组织者，教师给学生提供独立思考、亲身体验的机会，使学生在亲自实践的过程中，体验其中的乐趣与成就感。这种教学方法有利于发挥教与学两方面的积极性，实现教学相长，学学相长。互动式教学充分给予学生学习的自主权，它不仅能让学生学到知识，同时还能在学习过程中让学生研究和探讨结合自己的学习方法，提高学习效率【2。鼓励学生参与到教学中来，积极与老师、学生进行交流，做到师生互动、教学相长，从而激发学生学习兴趣。 1.1 教师—-学生多方位互动互动式教学的一个重要特征就是“参与性”，它通过强调教师与学生的双向交流，充分调动双方的积极性和能动性，从而活跃课堂气氛，使那些被压抑在潜意识中的能量冲破意识阀门而释放出来，闪现出智慧的火花，实现教与学两方面的最佳效益，同时师生互动对教师提出了更高的要求图。教师与学生的互动贯穿整个教学过程：①课堂上，通过课堂提问和课堂讨论，让学生积极思考，畅所欲言；同时，采用课外准备和课后作业的形式，使交互内容更有针对性。课堂提问的内容是复习已经学过的理论和知识点，以及当前的国际国内与学科发展相关的实际问题，这样能集中学生的课堂精力，活跃学习气氛。课堂讨论是组织学生对一些信息服务业务的热点问题和实际问题进行讨论，以提高学生的学习热情，然后教师将问题集中解答。课后作业，教师将学生应该了解、掌握的知识通过课后作业的方式加以消化和理解，需要激发思考的问题留给学生完成，要求学生写出书面作业。②实践中，通过互动式教学模式，学生实践时遇到的难题及时与教师进行沟通，理论得以应用于实践，同时学生直接面向社会、面向专业前沿，与教师、与社会部门互动发展，从而有助于提高素质，拓展发展空间。③科研中，发挥信息管理学科优势，积极将科研优势转化为教学资源，在教学中可以更好地反映学科前沿内容，使学生能接触到国家重大课题，从而具有人才培养优势((见图1)。图1 多方位互动教学环节 1.2 学生——学生实时互动通过互动式教学，学生可以在教师的引导下，充分发挥主观能动性，从而有助于以已有知识为基础，积极主动地发现问题、提出问题、分析问题和解决问题，从而获得实践技能4。可见，基于自主学习的开放式教学有助于学生从被动地接受知识向主动地接受知识和自主创新转变。学生在小组讨论、情景模拟、案例教学等交互式教学方法中，学生与学生之间实现讨论交互，交流学习；借助教学网站的论坛，学生提出问题，学生之间实现实时交互。例如在教学中，组织学生对同一个问题的观点相互评判，找出对方观点的不足，提出补充建议或意见，这样能促使学生立即动脑、思考、辩驳、给出意见，能力得到锻炼。 2 教学环节互动基于信息化与知识创新环境的信息管理类专业教学不应仅局限于专业课程限定的范围，而应根据专业人才培养要求，坚持知识、能力和素质协调发展，实现从注重知识传授向更加重视能力的转变，这就要求进行教学环节开放互动的研究和实践。 2.1 传统教学环节传统的课堂教学模式的具体操作程序是四个固定的环节：复习旧知、讲授新课、巩固小结、布置作业。这种教学环节的构成主要反映了感知教材、理解教材、巩固知识、运用知识的教学过程，适应了以传授知识为目的的教学需要，满足了课堂教学中以讲授为主的教师需要。传统的教学中，教师掌握着互动的主动权，学生只有被动参与互动的机会，而且受时间和空间的限制，只有少数人能够参与互动的机会15】(见图2)。图2 传统教学环节 2.2 立体互动式教学组织信息管理类专业课程的特点要求采用多方位互动的教学模式，从培养学生“分析问题、解决问题”的能力转移到培养学生“发现问题、分析问题和解决问题”的能力上，实行多方位互动的教学方式。要求在教学环节上进行综合改革，实现课堂教学、课程实习和社会实践的进一步结合，确立基于课程讲授和实践的互动模式，在新的环境和条件下探索自我学习和个人学习管理的新方法，为学生提供宽口径、多内涵、体现个性需求和教、学反馈的教学系统6】。 (1)课堂互动教学模式。在教学中，综合采用多种教学方法，具体为：①注重交互式教学，在教学过程中，通过课程讲授，布置讨论问题，让学生积极思考，畅所欲言；同时，采用课外准备和课内讨论的形式，使交互内容更有针对性；②理论教学与实践实习相结合，本课程是一门实践性较强的课程，其理论方法直接应用于实践是关键，因此，除了安排学生在课堂和课外实习外，还安排学生到湖北省信息研究院进行实习，组织学生参与社会实践，进行用户调查；③案例教学，利用信息服务的有关案例，详细分析其中所涉及的知识，从而避免理论教学的枯燥性；④情景模拟教学，设置一定场景和假定条件，让学生通过论辩、角色模拟等方式综合运用所学知识，进行自我学习、自我教育，以提高应对各种挑战的能力。 (2)网络互动教学模式。传统课堂教学中的互动因受技术条件限制，而不能够达到有效和深人、全面、机会均等的互动。如何利用信息技术来支持课堂教学中“机会均等的互动”，让课堂教学更加民主化，学习者可以参与到教学内容的制定与评价中来17。Q“信息服务与用户”课程教学中，我们利用教学网站进行了课程网络辅助教学的研究与实践，已实现了网上全程辅助教学，实现学生与教师基于网络的平台互动，其互动内容包括课程研讨、学习论坛、社会实践实习辅助、学生网上答题、课程信息查询和网上自测等。这种新的互动方式打破了传统课堂的空间构成，使任意两者之间的距离相等；使学生在不经授权的情况下主动发起互动；允许多维互动同时进行；使课堂中的信息流动更加频繁、流畅；可以发挥每个个体的积极性和创新意识。 3 校内外互动教学知识和能力来源于实践，素质培养也需要实践。创新型人才培养模式要求学校、社会联成一体，学生随时有实践的机会，使之在实践中学习、创造和发展。开放互动的教学过程使学生有机会了解社会，向社会学习，从而适应社会的需求8。信息管理类专业课程具有实践性，要求学校与企业、理论知识与实践技能的紧密结合，即理论一实施实践一再理论--再实践的循环教学模式。“信息服务与用户”教学改原有的课堂教学和课外的用户调研实践为集课堂教学(包括研讨)、课外实习(包括信息服务业务实习与方法实习)和社会实践(将本课程内容融人学生暑期社会实践中)相结合的全程化教学。其结果，不仅使学生牢固地掌握了课程内容及信息服务与用户理论，而且学生能够实现自主学习与研究结合，学以致用，实现教学互动，从学生实践成果和反映上看，效果显著。即注重培养学生的专业素质，在保证核心教学内容的同时，体现学生的学习兴趣，提高学生分析问题、解决问题的社会实践能力。一· 3.1 教学——实践互动实践教学基地一方面可以保证学生有固定的教学场所和稳定的教学质量，使学生在学习的过程中提前接触今后工作岗位的要求、工作流程等，为其就业打下良好的基础。另一方面也有利于基地单位在学生学习中发现人才，可以对其提前培训。因此，加强实践教学基地的建设对校企双方而言是“共赢”的1。在教学中建设社会实践平台，将社会实践纳人到专业教学计划，将社会实践规范化、制度化，开展面向问题的社会实践活动，其平台使用者包括学生、教师和社会有关部门。在课堂教学、课外实习和社会实践互动基础上的开放教学体系的确立，有利于推进信息管理类专业课程教学的综合改革，通过互动式教学的实证研究和系统实现探索，有助于优化教学过程和专业教育体系，实现专业的创新发展【10】((见图3)。图3 教学与实践互动 2004-2007年，“信息服务与用户”课程集中进行社会实践教学改革，将课程教学与大学生暑期社会实践结合，组织学生团队参加相关的社会实践，其成果作为“专业学习创新学分”认定的依据。在改革中，不仅提高了学生的学习积极性，而且培养了专业学习的创新能力。 “区域性农业信息集成服务平台”是学生在“信息服务与用户”课程和2005年省优秀社会实践“面向老区农业的信息服务”项目的基础上，结合专业知识学习和农业信息化的社会需求而开发，月前该平台已在湖北省麻城市试点成功，并将进一步在全省范图内推广使用，服务社会。 3.2 教学一一实习互动通过建立课外互动实习基地，使学生在校期间能够提前进人“工作岗位”。课外实习平台建设采用科研与教学相结合的运行体制，建立起科研带动和促进教学的管理模式，基于开放实习的课外互动实习组织。信息管理类专业课程教学要从课内走向课外，从校内走向校外，课外实习活动的开展，是深化专业教学改革的重要方面，是开放式互动教学体系的重要构成部分。 2005年开始， “信息服务与用户”课程教学组与湖北省科技信息研究院合作，进行校外课程教学实习基地的建设。聘请实际工作部门的专家作为实五家哲学社会科学学不期刊数践指导教师，负责指导课程实习和社会实践项目。同时，通过实习基地活动，规范实习教学内容，促进了课程体系与教学体系的完善。学生通过在湖北省信息院的实习，不仅学以致用，而且从实习中带回了现实课题，促进了教学改革的深人。由于进行了综合改革，提高了毕业生从事信息服务的能力和创新能力。 4 结语信息管理类专业课程互动式教学模式符合社会发展的需要，适合信息管理类专业的特点，对于培养创新型人才也起到了重要的作用，是对传统教育理论的创新。 “信息服务与用户”课程基于师生互动、教学环节互动、校内外互动相结合的开放互动教学模式对信息管理类专业课程开展互动式教学具有借鉴意义。参考文献胡昌平，面向21世纪的中国信息管理类专业教育\[J\].情报学报，1999，(2)：5-7. 2 S. L. Toral，F. Barrero， M. R. Martfnez - Torres，S. Gallardo. In-teraclive multimedia teaching of digital signal processors\[\]. Computer Applications in Engineering Education，2007，(1)：88-97， 3 张利云，袁水林.对互动式教学方法的探讨\[打.山西财经大学学报(高等教育版)，2002，(4)：48-49. 4 刘西健，孔丽，李险峰.互动式教学方法和手段的研究与实践\[J\].陕西广播电视大学学报，2007(9)：71-73. 5 笪薇.网上互动教学设计的实践与思考i\].广东广播电视大学学报，2007，(2)：10-13. 6 朱晓申，加拿大高校的互动模式及对我国外语教学的启示\[J\].长春教育学院学报，2007，(9)：49-52. 7 颜醒华.互动教学改革创新的理论思考\[门.高等理科教育，2007，(1)：21-24. 8 王东，网络平台支持的互动教学探究--一个行动研究报告\[D\].华东师范大学，2006：61-65. 9 钱佩忠，潘海天.与区域经济互动，推进地方高校持续创新\[J\]、高等教育研究，2006，(10)：107-109. 10 J. Lawrence Bencze， G、MichaelBowen， Steve Alsop. Teachers’tendencies to promote student - led science pro-jects： Associations with their views about science\[J\]. Science Education，2006，(3)：401-408， (责任编辑：赵立军)

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毛泽东与陈独秀关于民主主义走向社会主义思想之比较杜艳华万义兵 (复旦大学社科部，上海，200433) 摘要：中国如何由民主主义走向社会主义，毛泽东和陈独秀都进行了长期探索和各自的回答、其思想内容既存在严格区别，也有许多一致性。陈独秀和毛泽东都认识到中国不能在资产阶级民主革命胜利后一步跳到社会主义，中间需要有一个发展资本主义的历史过程。并且，对于这个中间过程设置的意义，对待资本主义的态度，对资产阶级民主革命的任务规定等方面，毛泽东与陈独秀都有一致性；但由于思想认识和逻辑的不同，也导致他们对由民主主义到社会主义的中间阶段的社会性质的认识有严格区别，从而在发展资本主义途径的选择上也存在一定差异。关键词：毛泽东；陈独秀；由民主主义到社会主义长期以来，人们总是把陈独秀关于中国由资产阶级民主主义走向社会主义的思想与毛泽东的新民主主义社会理论截然对立起来，特别是往往拿毛泽东在《新民主主义论》对“二次革命论”的批判来证明两者的对立，从而忽视两者之间的联系和相同之处，因此否定了陈独秀的一些合理思想。事实上，毛泽东与陈独秀的这方面思想，都是中共党人探索中国如何在生产力落后的条件下由资产阶级民主主义走向社会主义而形成的重要的思想理论。对两者进行比较分析，打破将两者截然对立，非此即彼的思想框框，找出两者的异同，不仅有利于我们今天认识中国社会的发展问题，也有利于正确评价陈独秀这一历史人物。如何在生产力落后的条件下，使中国由民主主义走向社会主义这个问题，毛泽东和陈独秀虽然以不尽相同的依据做出了各自不同的回答，但其思想也有相同之处和联系。毛泽东从1925年在《国民党右派分离的原因及其对于革命前途的影响》中提出“建设一个革命民众合作统治的国家"①开始，到1939年在《中国革命和中国共产党》中提出“新民主主义”的概念，再到《新民主主义论》和七大《论联合政府》关于新民主主义社会的阐释，一以贯之，逐步阐明了中国应该如何由新民主主义过渡到社会主义的问题。其思想的精髓在于指出：新民主主义革命胜利后，容许资本主义在不操纵国计民生的情况下存在和发展，为社会主义创造条件。这个理论主要包括：由资产阶级民主主义通向社会主义的途径，即中国在民主革命胜利后，既不能进入社会主义社会，也不能是资本主义社会，只能进人新民主主义社会。即毛泽东所说，“只有经过民主主义，才能达到社会主义，这是马克思主义的天经地义”。@而新民主主义社会的特征必然是：一方面有资本主义因素的发展，另一方面有社会主义因素的发展。由于其中社会主义因索是起领导作用并能最终战胜资本主义的因素，因此，才可以避免资本主义的前途，实现社会主义的前途，所以，新民主主义社会只能是过渡性质的社会。对于中国在资产阶级民主革命胜利后如何进人社会主义社会的问题，陈独秀也进行了长期的探索，如果考察其全部思想，可以看出他的思想是变动不居的，其中既有合理成分，也有含混不清之处，以至于有错误的成分。早在1920年，他在《关于社会主义的讨论》一文中，曾旗帜鲜明地反对资本主义，认为“资本主义生产制一面固然增加《毛泽东文集》第一卷、北京：人民出版社、1991 年，第25页， (毛泽东选集》第三卷，北京：人民出版社，1991年，第1060 福力，-一面却也增加贫乏"。@以至于认为“由资本主义渐渐发展国民的经济及改良劳动者的境遇以达到社会主义，这种方法在英、法、德、美文化已经开发政治经济独立的国家或者可以这样办，像中国这样知识幼稚没有组织的民族，外面政治的及经济的侵略又一天紧迫似一天，若不取急进的Revolution，时间上是否容我们渐进的 Evolution呢?”此时，陈独秀的观点很明确，那就是必须采取革命的手段集中资本来实行社会主义的生产制。然而，即使大革命时期及其以后，他的思想也是变动的。我们知道，陈独秀曾经接受过托洛茨基的不断革命论的思想。1931年，他在《中国将往何处去》中曾表明了这样的观点，即：落后国家的无产阶级可以在民主革命的基础上获得政权； “无产阶级的先锋队，在革命高潮之最初阶段中，即应提出其夺取政权的纲领与策略。在革命暴动之胜利即无产阶级取得政权开始，即应和完成民主任务同时踏上社会主义政策的道路，连像俄国十月革命后半年的‘民主’时期也不会有”。③仅在这里，我们甚至可以看出他思想中的“一次革命论”的倾向。当然，这个思想不是他思想的主流并在后来得以修正，因为1939年陈独秀已明确表示与托氏脱离关系。在大革命时期和他思想的晚期，关于中国如何由资产阶级民主主义走向社会主义，是他思想合理成分最多的时期，当然，这时他的思想仍有变化和含混的地方。如，1923年他在《资产阶级的革命与革命的资产阶级》、《中国国民革命与社会各阶级》、《社会之历史的进化》几篇文章中先后阐述了中国社会性质、中国资本主义发展程度和发展资本主义必要性、通过什么途径发展资本主义，以及国民革命胜利后的前途等。他认为中国社会已经进人资本主义阶段，但资产阶级还远不够强大，所以，他主张资产阶级应该和无产阶级妥协，而幼稚无产阶级目前也只有在此胜利之奋斗中才能获得若干自由及扩大自己的能力之机会。于是，他得出结论：“中国国民党目前的使命及进行的正轨应该是：统率革命的资产阶级，联合革命的无产阶级，实现资产阶级的民主革命。这就是说，新民主主义革命胜利并非无产阶级的胜利，而资产阶级的胜利，那么，其结果，理所当然地应是资产阶级统治的实现。所谓“二次革命论”就是据此概括出来的。如果仅就陈独秀这些阐释，将其概括为“二次革命论”并不错；然而，这并不是他当时对革命胜利后前途的唯一阐释，几乎在上述思想提出的同时，他还预计了另外一种可能，即： “国民革命成功后，在普通形势之下，自然是资产阶级握得政权。但彼时若有特殊的环境，也许有新的变化，工人阶级在彼时能获得若干政权，乃视工人阶级在革命中的努力至何种程度及世界的形势而决定。1917年俄罗斯的革命就是一个好例。俄罗斯各阶级各党派的联合革命，本以推倒皇室为共同目标，只以工人阶级在'1905年之革命及1917年2月革命中特殊努力，又以当时资本主义的列强因大战而濒于破产，自救不遼，十月革命遂至发生新的政治组织。”显然，仅1923年这几篇文章看，他思想中有“二次革命论”的成分，但这又不是他思想的全部，完全用“二次革命论”来概括不符合他思想的实际。在他思想的晚期，就中国如何经过资本主义的发展进入社会主义的问题，既有错误的认识，又不乏认识的深刻性。如，1938年，他在《告反对资本主义的人们》、《我们不要害怕资本主义》、《资本主义在中国》等文章中，承认人类进化有循序的进化和跳跃的进化两种，中国由于受了资本主义先进国的外来影响，出现了跳跃式进化，即“一面继续前资本主义的生产状况，一面采用了本世纪三十年代最新的纺织机器，跳过了英国数世纪和循序进化”@，即他认为中国由封建社会跳到了资本主义社会，并在此基础上判断：中国不是半封建社会，中国已经是资本主义的社会，只是由于资本帝国主义的阻碍，未得到高度发展，未完全工业化而已。在他看来私有财产是社会主义与资本主义的分水岭。所以，他反对既非资本主义，又非社会主义的提法。同时，他在《资本主义在中国》一文中又提出了一套衡量社会经济性质的标准，他写道： “我们观察各国的经济，要估计是那一种经济成分居领导地位，来确认它是那一种社会，没有什么一半一半，更不能因为它有各种经济成分，遂认为它是各种社会。”据此，他认为中国已经是“一个初期资《陈独秀著作选》第二卷，上海：上海人民出版社，1993年，第 208，211、452、568页。《陈独秀著作选》第三卷，上海：上海人民出版社，1993年，第 202、497页。本主义的国家。”①很显然，陈独秀认为人类进化有跳跃式进化没有错，但他认为中国已经跳到资本主义的初级阶段又不符合中国实际。此外，他还表明，他不认为社会主义制度好过资本主义制度，但“在科学的社会主义者看来，资本主义无论为功为罪，而毕竟是人类社会进化所必然的过程。没有它，小有产者的社会便没有发展生产力生产集中之可能。”从陈独秀的这些论述看，他虽然没有明确说明民主革命胜利后如何进人社会主义，但是，资本主义阶段是必经的阶段。综合毛泽东和陈独秀上述思想，单就陈独秀大革命时期及其晚期思想内容看，他们思想的一致性，至少有以下几点：第一，陈独秀和毛泽东的思想中都包含了一个.共同的成分：即中国不能在资产阶级民主革命胜利后一步跳到社会主义，中间需要有一个发展资本主义的历史过程。1926年，陈独秀在《我们现在为什么争斗》一文中已经明确地表明了中国要达到社会主义必须经过一个中间阶段——资本主义发展阶段的观点。他说：“我们不是乌托邦的社会主义者，决不幻想不经过资本主义，而可以由半封建的社会一跳便到社会主义的社会。”③毛泽东则指出：“没有新民主主义的国家经济的发展，没有私人资本主义经济和合作社经济的发展，没有民族的科学的大众的文化即新民主主义文化的发展，没有几万万人民的个性的解放和个性的发展……要想在殖民地半殖民地半封建的废墟上建立起社会主义社会来，那只是完全的空想。”④ 第二，对于这个中间阶段设置的意义，两人的认识也有着重要的一致性：毛泽东和陈独秀与近代所有的有识之士一样，对于近代中国的落伍，中国生产力的落后性都有清醒的认识，这是两人在此问题上取得共识的前提。在将中国置于世界舞台观察时，他们都看到了中国的落伍主要在于资本主义发展的不充分。毛泽东始终认为由于帝国主义的压迫和封建主义的束缚，中国的民族资本主义未能得到充分发展，而且指出，在中国多了一个帝国主义和本国的封建主义，而是少了一个本国的资本主义。直到七届二中全会时，毛泽东还说：“由于中国经济现在还处在落后状态，在革命胜利以后一个相当长的时期内，还需要尽可能地利用城乡私人资本主义的积极性，以利于国民经济的向前发展。”陈独秀在 1923 发表的《中国国民革命与社会各阶级》一文中对各个阶级革命性的分析就建立在这一点上。如，他虽然认为国民革命是资产阶级性质的，但是国内民族工业没有得到发展，所以他们在革命当中表现出软弱性。他继而分析到： “他们以前非政治的态度，现在半和平半革命的态度，将来更趋向革命的态度，都不是他们主观上的意识决定的，乃是他们客观上的经济条件决定的。”④ 第三，毛泽东和陈独秀追求的社会发展目标是一致的，尽管陈独秀在大革命时期犯了错误，但他后来的实践活动表明，他并没有放弃对社会主义理想的追求。在当时，毛泽东和陈独秀都认为社会主义是高于资本主义的理想社会，而且他们也还认识到社会主义应建立在经济高度发展的基础上。毛泽东说：“中国也只有进到社会主义时代才是真正幸福的时代，但是现在还不是实行社会主义的时候。中国现在的革命任务是反帝反封建的任务，这个任务没有完成以前，社会主义是谈不到的。”②他认为发展私人资本主义是进人社会主义的必要条件和准备，是经济落后的中国在民主革命胜利之后不可避免的结果。陈独秀也不否认社会主义制好过资本主义制度。但他认为社会主义的成败，是由社会发展条件决定的，并不取决于人类的主观愿望。所以，陈独秀指出：“诚然，社会主义生产制，比资本主义生产制有更高的发展，也能以清除资本主义制度的罪恶”，“可是，我们所相信的社会主义，乃是无产阶级的社会主义，……无产阶级的社会主义，若走循序进化的路，必须以内部经济的政治的成熟委条件”，而“社会主义在中国之经济的成熟，自然是无稽之谈"⑧。第四，毛泽东和陈独秀对资本主义都表现了一种从容的态度。他们都反对民粹主义，强调不要害《陈独秀著作选)第三卷，第498、517、499页。 (陈独秀著作选)第二卷，第1109、560页。《毛泽东选集》第三卷，第 1060页。《毛泽东选集》第四卷，北京：人民出版社1991年，第 1431页。《毛泽东选集》第二卷，第683—6848页，怕资本主义。毛泽东在七大的《论联合政府》的报告中批判了把三民主义和社会主义“毕其功于一役”的错误主张，认为“拿资本主义的某种发展去代替外国帝国主义和本国封建主义的压迫，不但是一个进步，而且是一个不可避免的过程”.①陈独秀1938年发表的《不要害怕资本主义》一文，对资本主义所采取的态度可以说与毛泽东具有相当的一致性。他说， “由于资本主义制度自身的缺点，其发展也，可怕的罪恶，亦随之而来；然而它毕竟是一种进步的制度，能够增加社会的生产力，带来它所需要的民主政制，以清除旧的封建生产制的缺点与罪恶；在目前过渡时期，我们宁可忍受资本主义的罪恶，来代替封建军阀的罪恶”。②他批准了反对资本主义的错误。他指出，要发展工业，消除旧社会的落后性，就必须发展资本主义。第五，毛泽东和陈独秀都强调中国的资产阶级民主革命的任务是反帝反军阀，而不是反对资产阶级。尽管陈独秀对于中国社会性质和资本主义在中国的发展程度的认识与毛泽东不同，但陈独秀同样指出“半殖民地的中国，不像欧美……各国已达到资产阶级的政治，统治中国的是封建的军阀阶级，他们勾结外国帝国主义者为后援，资产阶级、劳动阶级都在他们压迫之下，所以中国劳动阶级和社会主义者的目前工作，首先要做打倒军阀打倒帝国主义的国民革命”。③尽管陈独秀对中国社会性质的认识上与毛泽东不同。但他主张革命是反帝反军阀这一点与毛泽东是一致的。三就中国为什么必须在民主主义到社会主义之间，为资本主义的发展提供一个历史时期，毛泽东和陈独秀在认识上除了上述的一致性，还存在着思想方法和思维逻辑上的明显不同。在毛泽东看来，中国革命发生在十月革命后，属于十月社会主义革命的组成部分，所以，中国革命不是旧式的资产阶级民主革命；又由于中国社会的性质是半殖民地半封建的，以及中国经济的落后性，中国革命的任务是反帝反封建和反对官僚资本主义，而不是一般地反对资本主义，所以，革命的《毛泽东选集》第三卷，第1060页。《陈独秀著作选》第三卷，第498页，动力自然包括工农、小资产阶级和民族资产阶级。同时，由于资本主义经济发展的不充分，资产阶级的两面性，中国革命的领导者是无产阶级，而不是资产阶级。所以，革命胜利后建立的政权既不是资产阶级专政，也不是苏联式的无产阶级专政。只能是无产阶级领导的几个革命阶级联合专政的新民主主义国家政权。这就是毛泽东的理论逻辑。比较地看，陈独秀这方面的推理和论证主要是建立在人类历史演进的一般规律基础上的。如1923年，陈独秀在《资产阶级的革命与革命的资产阶级》、《社会之历史的进化》、《关于社会主义问题》等文章中表明：我们信仰社会主义不是主观要求，而是客观上经济组织变化之自然趋势和历史进化历程的结果。他说： “社会主义的工业社会，是将来的社会。而现在则为资产阶级工业社会。我们生在现社会制度之下，为什么去相信社会主义?这并不是我们发疯，也不是我们好奇，实在是社会之历史的进化，叫我们不能不相信社会主义。”在陈独秀看来，社会主义是建立在资本主义基础上的。他说：“人类社会组织之历史的进化，观过去现在以察将来，其最大的变更，是由游牧酋长时代而封建时代，而资产阶级时代，而无产阶级时代，这些时代之必然的推进，即所谓时代潮流，他若到来，是不可以人力抵抗的。只是在空间上各民族以环境所演的机会不同，因而进化的速度和历程、次第的不同，如非洲、南洋的游牧酋长社会、东方的封建军阀社会，西欧、南北美之资产阶级社会，俄国之无产阶级社会，都同存在于今世。他还指出：“我们若要改造社会，必须先明白社会之历史的进化，然后才知所从事。末了，我们须知社会的进化，不是循环的或超越的，也更不是退后的；乃是依历史的阶段而进步，非速亦非迟。@在他看来，人类社会必然经历以上各个阶段，采用革命的手段可能促其进化得快些。陈独秀这些阐述并不错，遗憾的是他机械地运用这种逻辑来推论中国，认为中国自鸦片战争以来，随着西欧对外扩张和征服，封锁不住资本主义的进人，从而进化到世界的资本帝国主义，而“这种历史进化的必然现象，就是封建宗法主义进化到资本民主主义的现象”.②在他看来，尽管我们主观上对这种现象会产生愤恨鄙厌心理，但终于敌不过客观的历史进化历程之必然性，显然，陈独秀这个理论逻辑本身并没有错误，但他对于现实中国社会和资本主义经济发展的实际分析上出现了误差，导致他对中国社会性质和革命性质分析上的错误，以至于在革命前途的认识上与毛泽东产生了原则分歧。需要指出的是，陈独秀此时的思想中，唯物史观占据了相当位置，他已经主张用马克思的“经济的历史观察”、“唯物的历史观察"①来认识中国社会问题。如，早在1922年7月他在《马克思学说》中阐释了马克思的唯物史观的基本原理，即“社会的生产力和社会制度有密切的关系，生产力有变动，社会制度也要跟着变动，因为经济基础(即生产力)有了变动，在这基础上面的建筑物自然也要或徐或速的革起命来，所以手臼造出了封建诸侯的社会，蒸汽制粉机造出了资本家的社会”。由此他得出一个结论： “一个社会制度，非到了生产力在其制度内更无发展之余地时，决不会崩坏。新制度之物质的生存条件，在旧制度的母胎内未完全成立以前，决不能产生，至少也须在成立过程中才能产生。”应该说，陈独秀在当时能对马克思的唯物史观作如此解读，难能可贵，这个思想至今也具有重要的理论意义。但是，他在没有准确把握中国国情的基础上运用这些原理，难免出现偏差。在民主革命胜利后究竟建立一个什么样的社会，通过什么途径发展资本主义?毛泽东和陈独秀两人的思想有鲜明的不同：如前所述，毛泽东坚决反对在民主革命和社会主义革命之间“横插一个资产阶级专政”的“二次革命论”，充分论证了资产阶级共和国，即旧式的、欧美式的资产阶级专政的资产阶级共和国在中国行不通。他还十分明确的指明：新民主主义革命胜利后建立的新民主主义社会是过渡性质的社会，是由半殖民地半封建社会到社会主义社会的中介和桥梁，而非固定的社会形态。即新民主主义共和国，“这是一定历史时期的形式，因而是过渡的形式，但是不可移易的必要的形式”③，而发展资本主义的途径就是通过贯彻新民主主义的政治、经济、文化纲领来实现。就其经济而言，在《新民主主义论》中毛泽东指出： “在无 ①② 《陈独秀著作选》第二卷、第354、355页. 产阶级领导下的新民主主义共和国的国营经济是社会主义的性质，是整个国民经济的领导力量”.④1948年毛泽东又进一步强调社会主义经济成分在新民主主义阶段中的地位和作用，他说：“我们国营经济、公营经济，在数量上较小，但它是起决定作用的。我们的社会经济的名字还是叫‘新民主主义经济’好。”⑤在这里毛泽东强调的是社会主义因素在新民主主义经济中的主导地位。毛泽东在《新民主主义论》中还具体地提出了如何发展资本主义的策略。他指出：““大银行、大工业、大商业，归这个共和国的国家所有，……但这个共和国并不没收其它资本主义的私有财产，并不禁止‘不能操纵国民生计’的资本主义生产的发展，这是因为中国经济还十分落后的缘故。”由此我们可以看到毛泽东主张通过国家对经济进行统一的管理，即由国营经济领导多种经济成分，从而逐渐地过渡到社会主义社会。对于同样的问题，陈独秀与毛泽东的第一个不同，是他对于这个中间社会性质的表述含混和前后的不一。就其主张发展资本主义而言，陈独秀对于发展资本主义的途径及革命胜利后中国社会性质的预测有几种情况。第一种情况是：主张革命胜利后应该是资产阶级专政，即在国民革命与社会主义之间横插一个资本主义时代，那么，发展资本主义的途径必然是通过资本主义制度实现。突出表现在国民革命时期，主要依据是他在1923年发表的《资产阶级的革命与革命的资产阶级》以及《社会之历史的进化》两篇文中对人类社会发展阶段和对中国资本主义及资产阶级的分析。但如前所述，陈独秀这个思想并非一成不变的。他没有断定将来中国的二月革命不会迅速演变为十月革命，因此.将其思想完全概括为二次革命论又证据又不足；正因如此，我们称其为“二次革命化”倾向。第二种情况是：提出革命胜利中国将是多种经济成分并存的社会，但这个社会的性质是什么?没有明确定性。1927年，陈独秀在答沈浜祈、朱近赤时指出，“国民革命成功后，中国的经济制度，自然是家庭的手工业与农业、小生产制、私人资本主义的大生产制、国家资本主义等，四种并存。我们所谓采用何种经济制度，并不是说只采用那一种而禁绝其余一切，乃是说采用某一种为全社会中主要的生产制度”。@然而，他又主张以经济成分来为社会定性，由此我们可以看出他思想的矛盾和含混。当然，从陈独秀列举的这四种经济成分当中，可能具有社会主义因素的就是国家资本主义。在多种经济成分中，哪种经济成分占主要地位，显然与毛泽东不同。因为根据他以上思想，资本主义性质的经济自然占主导地位。第三种情况是：陈独秀晚期思想中明确主张通过资本主义制度来发展资本主义，他认为私有财产是社会主义与资本主义的分水岭。1938年，他在《告反对资本主义的人们》中说： “现代的经济制度只有两个：一是资本主义制度，一是社会主义制度，没有第三个。私人资本制度是资本主义的范畴；国家资本制度也是资本主义的范畴；节制私人资本，只有使资本主义之发展停滞缩小，仍然属于资本主义范畴。”②他不赞同既非资本主义，又非社会主义的提法。他还说： “如果人们不敢断言中国此时可以采用社会主义制发展工业，这必然毅然决然采用资本主义制来发展工业。”由于他把中国纳入了“初期的资本主义”的范畴，那么，革命胜利之后社会经济中占主导地位的也一定是资本主义性质的经济。这是他与毛泽东有重大区别的地方。四综上所述，陈独秀与毛泽东一样，都力图解决在中国这样的落后国家如何建立社会主义的大问题，而在中国这样的后发国家探索社会主义的道路，首先碰到的必然是如何对待资本主义的问题。所以，不论是毛泽东的新民主义社会思想还是陈独秀的所谓“二次革命论”的核心问题，都是解决社会主义与资本主义关系的问题。对此，尽管他们的思想有诸多不同，以至于有原则差别，但我们必须看到的是毛泽东和陈独秀追求的最终理想是一致的，只是他们各自主张的具体手段和途径不同。此外，他们在对待资本主义的问题上或同或异，都不是由主观上的好恶而定，而是由中国社会发展需要决定的。所以，我们不能因为陈独秀思想中的错误成分而完全否定其积极的探索，更不能将两者的思想完全对立起来。另外，从陈独秀和毛泽东两者的探索在时间上的先后和陈独秀的历史地位，以及毛泽东与陈独秀的关系看，我们甚至可以说两种思想是一种批判继承的关系，毛泽东的思想中包含了陈独秀思想的合理成分，毛泽东新民主主义社会理论的成熟与他对“二次革命论”的批判是有联系的。通过两个人思想的比较，我们还应该看到，毛泽东把发展资本主义作为一种策略，最终要的是资本主义生产力，而不要资本主义，比较正确地解决了新民主主义与资本主义和社会主义几者的关系；而陈独秀被人类社会历史发展阶段论的一般规律所束缚，不能把资本主义文明与资本主义社会制度区别开来，未能跳出资本主义社会制度的发展阶段，对待资本主义缺少策略性，因而造成思想理论上的混乱和认识上的错误。 (责任编辑唐忠毛)

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Reports of cases argued and determined in the Supreme Court of the state of Montana .. author: Montana. Supreme Court Google This is a digital copy of a book that was preserved for generations on Hbrary shelves before it was carefully scanned by Google as part of a project to make the world's books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. Marks, notations and other maiginalia present in the original volume will appear in this file - a reminder of this book's long journey from the publisher to a library and finally to you. 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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at|http : //books . google . com/| HARVARD LAW SCHOOL LIBRARY r *• • ■r— \ // REPORTS OF CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF THE STATE OF MONTANA FROM AUGUST 1, 1901, TO JUNE 9, 1902. OFFICIAL REPORT. Volume XXVI. SAN FKANCISCO : BANCROFT-WHITNEY COMPANY, Law Pubushjebs and Law Bookskllrus. 1902. Copyright 1903. By Bancroft-Whitney Company. <gSTgB Anaconda, Mont: Standard Publishixo Company, Pbintrrs and Bindrrp. The opinions in this volume of the Montana Reports havii been edited and are reported, under the supervision of the jus- tices, by Oliver T. Crane, Esquire, a member of the bar of the Supreme (^ourt. JUSTICES OF The Supreme Court of the State of Montana, DURING THE TIME OF THESE REPORTS. The Hon. Theo. Brantly, Chief Justice. The Hon. William T. Pigott, j V Associate Justices. The Hon. George R. Milburn, ) OFFICERS OF THE COURT. James Donovan, Attorney General. Henry G. Rickerts, Clerk. Oliver T. Crane, Marshal. ATTORNEYS AND COUNSELORS AT LAW ADMITTED FROM MARCH 20, 1:02, TO JANUARY 5, lO- 3. AVEKY, ChAS. E. Baggs^ Harry H. Becker^ Frank E. BooTFT^ Geo. E. Callaway, Edmund J. ( 'KOWELL, William H. Davis, John T. I)e Kalb.. H. L. -DwYER, William K. Fisir, C. H., Jr. Gray, A. H. Hammond, R. E. Harris, Josephine. Harvey, John A. Lamp, F. M. Lenoir, Basil O. MacKay, L. C. McCaffery, Joseph J. Meiilberg, Frank H. Moss, C. R. Murray, Herman. Pennack, S. W. Phelan, Dam el E. Smith, Edward O. Spenser, A. G. Stewart, T. P. Strang, Morgan. Thompson, Hk.nRy R. To LAN, fJoHN H. Walker, Sharpless. Walker, Thomas J. Wallace, J. D. Wight, Tua T. Wilson, Harry L. WiLTSE, P. T. '^'Woodward, Frederick C. ♦Disbarred January 15, 1903. See 27 Montana Reports, p. — . DIRECTORY OF THE Judicial Districts of the State of Montana 1903. FiKsT Judicial Distrust. Count V of I>e\vis and CUirke. Count v Seat, Helena. District eludcres: Hon. Ilenrv (\ Smith; lion. James il. Clements. Officers: County Attorney, Lincoln Working, Esq.; Clerk of District Court, Finlay ^IcRae; Sheriif, Jefferson O'Connell. Second Judicial District. Couutv of Silver Bow. (Vuntv Seat, Butte. Disti-ict Jud2:es: II(m. William Clancv; Ilcm. E. W. liar- ney ; Hon. J. B. McCleman. Officers: County Attorney, Peter Breen, Esq. ; (Merk of Dis- trict Court, Samuel 51. Koberts; Sheriff, J. J. Quinn. Third Judicial District. (V>uiities of Deer Jycdge, Powell and Granite. District Judge, Hon. Welling Xa])ton. Officers (Deer IvO<lge (^ount^' — C^ounty Seat, Anaconda) : C(»unty Attorney, Joseph J. McCaffery, Esq. ; Clerk of District (^>urt, William E. Thomas; Sheriff, George A. Storrar. (Pow- ell Cc'untv — County Seat, Deer TvOiW) : Countv Attorney, 0. E. Emerson, Esq. ; Clerk of District Court, K. Ix^e Kelley ; Sheriff, J. C. Barnden. (Granite County — County Seat, Phil- ipslnirg) : County Attorney, David M. Durfee, Esq. ; (Merk of District Court, James E. Abbey; Sheriff, F. J. ^IcDonald. (vlJ) V viii DiKECTORY OF Judicial Districts Fourth Judicial District. Counties of Missoula and Eavalli. District Juds^e, Hon. F. C. Webster. Officers (Missoula County — County Seat, Missoula) : Counts Attorney, Charles II. Hall, Esq. ; Clerk of District Court, R. W. Kemp; kShoriff, H. W. Thoni^pson. (Ravalli County — County Seat, Hamilton) : (x>unty Attorney, William P. Baker, Esq.; Clerk of District Court, John F. (.'one; Sheriff, Joshua Pond. Fifth Judicial District. (^ounties of Beaverhead, Jefferson and Madison. Distriet Judge, Hon. Montgomery II. Parker. Officers (Beaverhead County — (\)iintv Seat, Dillon) County Attorney, C. W. Robinson, Esq. ; Clerk of District Court, George W. French ; Sheriff, Mannaduke Gist. (Jefferson County — County Seat, Boulder) County Attorney, C. R. Stranahan, Esq. ; Ck^rk of Distriet Coui-t, A. J. Ilolloway ; Sheriff, A. V. Gibson. (Madison Countv — Countv Seat, Yir- ginia City) : County Attorney, M. M. Dunean, Esq. ; Clerk of District Court, James G. Walker; Sheriff, Charles C. Hill. Sixth Judicial District. (\junties of Park, Carbon and Sweet Grass. Distriet Judire, Hon. Frank Ilenrv. Offieers (Park (^'ounty — Counts' Seat, Livingston) : County Attorney, A. P. Stark, Esq. ; Clerk of Distriet Court, Arthur C. Davis, Jr. ; Sheriff, A. S. Rol)ertson. (Carlwn County — C^ounty Seat, Red Lodfi^e) : County Attorney, L. O. Caswell, Esq. ; Clerk of District Court, E. K Esselstyn ; Sheriff, M. W. Potter. (Swe?t Grass County — County Seat, Big Timber) : County Attorney, E. M. Hall, Esq. ; Clerk of District Court, B(^n. ;^^. ]\Ijelde; Sheriff, Osear A. Fallang. Seventh Judicial District. Counties of Yellowstone, Custer, Dawson and Rosebud. District Judge, Hon. Charles II. Loud. Op the State of Montana. ix Officers (Ye^io^vstono County — C^ouuty Seat, Billings) : County Attorney, Charles L. Harris, Esq. ; Clerk of District Court, T. A. Williams; Sheriff, George W. Hubbard. (Custer County — County Seat, Miles City) : County Attorney, James H. Johnstone, Esq. ; Clerk of District Court, A. T. McAusland ; Sheriff, William E. Savage. (Dawson County — County Seat, Glendive) : County Attorney, C. C. Hurley, Esq. ; Clerk of District C(>urt, James Rivines; Sheriff, George B. Williams. (Rosebud County — County Seat, Forsyth) : County- Attorney, Fred. L. Gibson, Esq. ; Clerk of District Court, I). J. Muri ; Sheriff, Charles Davis. Eighth eTuDiciAL District. County of Cascade. County Seat, Great Falls. District Judge, Hon. Jero B. Leslie. Officers: County Attorney, R. W. Berry, Esq. ; Clerk of Dis- trict Court, John T. Athey ; Sheriff, Hennan E. Bonner. NiNTir Judicial District. Coimties of Gallatin, Broadwater and ileagher. District Judg?, Hon. W. R. C. Stewart. Officers (Gallatin f>)unty — Countj' Seat, Bozeman) : County Attorney, George D. Peas(*, Esq. ; Clerk of District Court, Charles B. Anderson ; Sheriff, Thomas J. Foiwler. (Broad- water County — County Seat, Townsend) : County Attorney, J. A. Matthews, Evsq. ; Clerk of District Court, Frcnl. Bubser; Sheriff, James Munden. (^Feagher (,\)iuity — (\mnty Seat, White Sulphur Springs): County Attorney, ifax Waterman, Esq.; Clerk of District Court, Baker W. Badger; Sheriff, Charles H. Slier?nan. Tenth JuniriAi. District. County of Fergus. C/ounty Seat, Lewistown. District Judgv^, Hon. Edwin K. Clieadle. Officers:. County Attorney, O. W. Belden, Esq.; Clerk of District Court, Edmund Wright; Sheriff, L. P. Slater. X DiKKCTORY OF JuDICIAL DISTRICTS Eleventh JudicixVL District. Counties of Flathead and Tetx>n. District Judg?, lion. I). F. Smith. OiRcers (Flathead County — ^County Seat, Kalispell) : County Attorney, W. H. Poorman, Esq. ; Clerk of District Court, James K. T.ang; Sheriff, O. P. Gregg. (Teton County— County Seat, Choteau) : County Attorney, J. E. Erickson, Esq. ; (^lerk of District Court, Sterling McDonald; Sheriff, C. Wallace Taylor. Twelfth Judicial District. Counties of Choteau and Vallev. District Judge, Hon. John W. Tattaii. Officers (Choteau County — County Seat, Fort Benton) : County Attorney, Charles K Pray, Esq. ; Clerk of District Court, Charles 11. Boyle; Sheriff, John Buckley. (Valley County — County Seat, Glasgow) : County Attorney, John J. Kerr, Esq. ; Clerk of District Coiu-t^ John Survant ; Sheriff, Harrv Cosner. ERRATA. Page 207, line 12, read "2G Mont. 146," instead of "25 Mont. 87." ,A AMEXDMENTS TO THE RULES OF THE SUPREME COURT. To the end that District Courts, their judges and counsel, may have no doubt or uncertainty in respect of \he interpretation of Rule XVII cf the Supreme Court, which is as follows: "Costs on Appkal — To Whom Taxed. In all cases the costs of ap}>eal shall be Uxed against the unsuccessful party, unless otherwise ordered by this court, and the remittitur shall be accompanied by pn itemized statement of such costs as are paid to the clerk of this court" It is now here ordered, that in all such casetj tlie clerk of this court shall, imle.^s otherivise directed by the court, include in the order or judgment of affirmance, reversal or modification, and in the remitUtur, a clause awarding the costs of appeal to the prevailing party, appellant or respondent, to be recovered of the unsuccessful party after ascertainment or taxation there- of in the court below in the manner prescribed bj^ law. Promulgated :May 29, 1902. It is ordered, that there be and there is herebv added to Sul)- division 3 of Kule X of the Rules of this Court, a paragraph designated as paragraph e, in the words following, namely : e. — After the brief in the behalf of the appellant has been filed, no motion for leave to amend the same by inserting there- in, or adding thereto, any specification of error, or by incorpo- rating new matter of substance in the statement or abstract of tJie case, will be entertained. By consent, in writing, of re^ spondent, and without leave of court, the brief may be amended in the particulars mentioned or in any other respect^ or a new brief may be filed at any time before the cause is submitted. The court will, in proper cases, upon seasonable application (xlll) xiv Amendments to the Rules and ii|x>ii such tenns as it may prescribe, .permit the brief to be amended, or a i!e\v brief filed, so as to meet the requirements of subdivision 1 t f paragraphs c and d of this subdivision. Upon its own motion, and in its discretion, the court may, at any time, order a brief to be amended or changed in any particular, or a new brief filed ; and It is ordered, that there be and is herebv added to tlie Rules of this Court ihe follo\Wng, to be designatetl as Kule Va, in the words following, namely : Va. — Bills of ExcepticTns Xot Provided for ix the Penal Code: The legislative assembly having made no i)ro- vision for the settlement of bills containing exceptions taken before or after tne trial of criminal causes, and liaving failed to enact any statute whereby certain pai)ers and matters may he authenticated, certified, and transmitted to the supreme court in criminal appeals, it is ordered tliat^ whenever a part)' desires to have the exceptions which were taken or deemed to be taken either before or after the trial, settled in a bill, the draft of a proposed bill juust be prepared by him and .pi-esented, uix)n notice of at least tw^o days to the adverse party, to the judge for settlement within ten days after the order or ruling excepted to is made, unless further time is granted by the judge or a jus- tice of this court, or wdthin tliat period the draft must, u^wn such notice of nt least two davs, be delivered to the clerk of the district court for the judge. When received by the clerk ho shall deliver it, together with* any amendments proposed or ob- jections thereto, to the judge, or transmit it, wdth such amend- ments and objections, to him as soon as may be, and, when sot- tied, the bill muot be signeil by the judge and filed as part of the record of the case. The only method of presen-ing for review by tiiis court on appeal any proceeding, evidence or matter not designated by the Penal Code ts part of the record on appeal without bill of exceptions, shall be by bill of exceptions prepareil and settled under either Section 2171 of the Penal Code or this Rule, as the one or the other may be appropriate; thus (for example) Of the Supreme C!ourt. xv the following mentioned papers and matters must be included in such a bill if ilie party aggrieved would have them reviewed : Motions to set aside an indictment or information with the matter in support thereof not otherwise appearing of record; demurrers to indictments or inf onjaations ; motions for new trials together -rith the matter in support thereof, including affidavits used thereon ; motions in arrest of judgment; matters (not otherwise of record) upon which an order made after final judgment is based ; motions for change of venue or continuance, together vnih the matter in its support and in opposition, if not other\vise of record ; and the like. In addition to the papers which Section 2281 of the Penal Code requires him to transmit by copy to the clerk of this court, tlie clerk of the district court must, upon a written precipe tlierefor, also transmit within the time prescribed by said sec- tion, as part of the record on appeal, all bills containing excep- tions taken by the party appealing before or after the trial. Promulgated October 9, 1902. TABLE OF CASES REPORTED. Alexander v. Fi-ansham -r */•»*» Andnis et al., Tordan et al. v 37 Baker et al., Kirk et al. v , 190 Barker et al., Shadville v 45 Barker's Estate, In re. . 279 Barnes, Hynes / 551 Barret, State ex rel. Koch v 02 Beals, State v 540 Bechtel, Lynch v i. . .- 552 Beer v. Lienema.n et al 92 Bender v. Grand Opera House Co 55C Board of Commissioners of Custer County v. Storv' et al. . 517 Boehler v. Hanson et al. . . 563 Booth V. :McGovcni et al 560 Bordeaux v. Bordeaux 533 Bordeaux, Bordeaux v. ., 533 Bordeaux v. Bordeaux :..... 537 Bordeaux, Bord-^aux v 537 Bordeaux v. Bordeaux. 539 Bordeaux, Bordeaux v 539 Boston & Montana Consol. C. & S. Mining Ci)., ITeinze ct al. V ; ; , 265 Boston & Montana Consol. C. & S. Mining Co., Heinze et al. V ., 552 Boston & Montana Consol. C. & S. Mining C'O. v. ilontana Ore Purchasing Co . . 146 Boston & Montana Consol. C. & S. Mining Co., Wetzstein V 193 (XV I) xviii Table of Cases Repobted. Boyle et al., In re Petition of 365 Bright V. Burke et al 551 Bropliy V. Downey et ux ^52 Burke et aJ., Bright v 551 Bnrko v: Hamilton et al. 562 Bums V. Xapton 360 Butto Butchering Co. et al., Tait et al. v 262 Charles Schatzloin Paint Co. v. Passmore 500 Chowen v. Phelps et al 524 City of Anaconda, May v 140 City of Anax^urja, Snook v 128 City of Helena v. Rogan et al. ...... ., 452 Clancy, State ex rel. King et al. v 550 Clark ot al. v. Grand Opera House Co. et al • . 549 Clark & Bro. v. Grand Opera House Co. et al 547 Commissioners of Silver Bow County, Lavell v 555 Commissioners of Silver Bow County, Sullivan v 555 Coram, Stanford v 285 Cornish et al. v. Floyd-Jones 153 Cowell v. May et al 163 Craver v. Stapp 314 Cummings v. Helena & Livingston S. & R Co 434 Day, In re 55G Delmoe, Goff v 544 Demj^eey, State v 504 Dickinson, State ex rel. McGinniss v 391 District Court et al.. State ex rel. Anaconda Copper Min- ing Co. v 390 District Coiu"t et al., State ex rel. Anaconda Copper Min- ing Co. V , 412 District Court, State ex rel. Barker v 360 District Court .>t. al.. State ex rel. Boyle et al. v 365 District Court ot al.. State ex rel. Collins v 560 District Court, State ex rel. Donovan v 275 District Court et al.. State ex rel. Finlen v , 372 Table of Cases Reported. xix District Court, State ex rel. Finlen v 548 District Court ct al., State ex rel. Geyman v 433 District Court et al., State ex rel. Geyman et al v 483 District Court et al., State ex rel. Healy v 224 District Court 3t al.. State ex rel. Heinze et al. v 416 District Court^ State ex rel. Hennessy et al. v 274 District Court et al.. State ex rel. Leyson v .*^7S District CVnirt., State ex rel. State Board of Medical Exam- iners V 121 Dotson, State v 305 Downey et iix., Brophy v 252 Driscoll V. Shields 494 Dwver, Frarv^ v 414 Dwyer, Frary v 501 KIlingwoo<l et al.. First National Bank of Butte v 554 Finlen v. Heinze et al 544 First Xational Bank of Butte v. Ellingwood et al. 554 Flovd-Jones, (\)inisli et al. v 153 Forbis et al. v. Grand Opera House Co 550 Ford, State v 1 Foster, State v . 71 Franshani, Alexander v 400 Fransham, Michener v 44 Frarv v. Dwver 414 Frarv' v. Dwver 501 GoflF V. Delnioe. - , 544 Gold Coin Mining & Milling Co., Spelman v 76 Goodale, Hughes v 93 Grand Opera H^use Co., Bender v 550 Grand Opera House Co., Clark & Bro. v 547 Grand Opera House Co., Clark et al. v ,. . 549 Grand Opera House Co., Forhis et al. v 550 Greenan, State ex rel. Thomas v 548 Griffin et al., Tinkel v 420 Griggs et al., Mclvor v 547 XX Table of Cases Reported. Halin V. Jaiues et al. 50 Hamilton et aL, Burke v 562 Hanson et al., Boehler v 563 Harrington et al., Madigan v 358 Harrison, Whalen ct al. v 31() Heinze et al. v. J^oston & Montana Consol. C. & S. Mining Co. . , 265 Ileinzo et al. v. Boston & Montana Consol. C. & S. Mining Co 552 Heinze et al., Finlen v 544 Helena &; Livini^r^ton S. & E. Co., Cuunnings v 434 Helena Consolidated Water Co., Kranich v 379 Howell, State v. .,. 3 Hughes V. Goodale 93 Hughes, Matusevitz v 212 Humble et al., Warren v 495 Hurley v. O'Xeill , 269 HjTies V. Barnes. . . ... .i 551 Industrial Printing Co., Porter et al. v. . . 170 In re Barker's Estate 279 Tn re Petition of Bovle et al , 365 In re Day > 556 In re Quinn's Estate 561 In re Reilly's Estate 358 In re Sutton - 557 In re Application of Walsh ., 562 In re Weed 241 In re Weed ........,..! 507 tlanies et al., Ilahn v. , 50 Jensen et al., W. man et al. v. . . 227 Joe Klaffki Co., Johnson County^ Savings Bank v 384 Johnson, State v , 9 Johnson County Savings Bank v. Joo KlaflFki Co. 384 Jordan et al. v. Andrus et al. . . .i 37 Table of Casbs Repobted. xxi Kellogg et al., Peirie v. 557 King V. Lincoln. , 157 King et al., Maloney et al. v. ...... 487 King et al., Maloney et al. v 492 Kiric et al. v. Baker et al. ........ ., . . . . . . . 100 Kranich v. Helena Consolidated Water Co 379 Langseth v. Plymouth. Grold Mining Co 553 Largey v. Mantle. (..,........ 264 Largey, Mantle v , 554 Lavell V. Commissioners of Silver Bow (\)nniv. 555 Lieneman et aL_, Beer v 02 Lincoln, King v. ., ..,.., 157 Lynch v. Bechtel. 552 Madigan v. Harrington et al 358 Maloney et al. v. King et al. 487 Maloney et al. v. King et al. 492 Mantle, Largey v. ........... 2Gi Mantle v. Largey. 554 Matusevitz v. Hughes.' 212 May V. City of Anaconda 140 May et al., Co\«ell v 103 McGovem et al., Booth v. ., 500 Mclvor V. Griggs et al. . . .,. 547 McCleman, State ex rel Reynolds v 545 Michener v. Fransham. .^ .i. .» 44 Montana Ore Puchasing Co. et al., Boston & Montana Con- sol. C. & S. Mining Co. v. ..... ., 140 Murphy et ali., T. C. Power & Bro. v 387 Murray v. Northern Pacific By. Co 268 N'apton, Bums v ....,..,. .i. ..... 300 Neff, Northern Pacific By. Co. v 552 Northern Pacific By. Co., Murray v 268 Northern Pacific By. Co. v. Neff 552 f xxii Table of Cases Reported. O'Neal, Threlkeld v , 209 O'Neal, Threlkeld v 553 O'Neill, Hurley v , 26<J Owsley, Intervenor and Appellant (Largey v. Mantle) . . 264 Pablo et al., Stillinger v. , 503 Passmore, Charles Schatzlein Paint Co. v. 500 Peine v. Kellogg et al. . 557 Phelps et al., Ohowen v. ., 524 Plymouth Gold Mining Co., Langseth v 553 Porter et al. v. Industrial Printing Co ,. . . . 170 Presoott, State v 546 Quinn's Estate, In re. . . ., 561 Reilly'a Estate, In re 35S Rogan et aJ., Ciiy of Helena v 452 Shadville v. Barker et al 45 Shadwell, State v 52 Shafer, State v 11 Sherlock, Trent et al. v 85 Shields, Driscoll v 494 Snook V. City of Anaconda » 128 Spelman v. Gold Coin Mining & Milling Co 76 Stanford v. Coram. ....... .i. .... 285 Stapp, Craver v ., 314 State ex rel. Koch v. Barret 62 State V. Beds. . 546 State ex rel. King et al. v. Clancy 550 State V. Dempsey. .. i. .i 504 State ex rel McGinniss v. Dickinson 391 State ex rel. Anaconda Copper Mining Co. v. District Court et al i .,. . . .. 396 State ex rel. Anaconda Capper Mining Co. v. District Court et al. 412 State ex rel. Baker v. District Court 369 Table of Cases Repobted. xxiii State ex rel. Bayle et al. v. District Court et al 365 State ex rel. Collins v. District Court et al 560 State ex rel. Donovan v. Distrixjt Court. . . ., 275 State ex rel. Fialen v. District Court. . . ., 372 State ex rel. Finlen v. District Court 548 State ex rel. Geyman v. District Court et al 433 State ex rel. Geyman et al. v. District Court et al 483 State ex ^pl. Healy v. District Court et al 224 State ex rel. Hoinze et al. v. District Court et al 416 State ex rel. Iler.nessy et al. v. District Court. 274 State ex rel. Leyson*v. District Court et al 378 Stkte ex rel. State Board of Medical Examiners v. District Court , 121 State V. Dotson 305 State V. Ford 1 State V. Foster , 71 State ex rel. Thomas v. Greenan 548 State V. Howell. 3 State V. Johnson. 0 State ex rel. Eoynolds v. McClernan 545 State V. Prescoct. ......... .i 546 State V. Shadwell. .,. .|. .). ... .i. ....... 52 State V. Shafer ,. 11 State V. Stevenson. .,. 332 State ex rel. Rol)ert Mitchell Furniture Co. v. T(H)le et al. 22 State V. Towner. . . 331) State V. Whitworth 107 State V. Woodman. . . .,. . . 348 State ex rel. Moshner v. Wright 540 Stevenson, Staie v ...,....) 332 Stillinger v. Pablo et al. ...... .i , 503 Stocking et al., T. C. Power & Bro. et al. v . 478 Story et aJ., Board of Commissioners of Custer County v. 517 Stuart^ Whipple et al. v. .,. ....,..».. 210 Sullivan V. Commissioners of Silver Bow Coiintv 555 Sutton, In re 657 xviii Table of Cases Repobted. Boyle et al., In re Petition of 365 Bright V. Burke et al 551 Brophy v. Downey et ux. . . 252 Burke et al., Bright v. . . . 551 Burke v: Hamilton et al. . . 562 Bums V. Xapton ....../ 360 Butte Butchoriug Co. et al., Tait et al. v 262 Charles Sdiateloin Paint Co. v. Passmore 500 Chowen v. Phelps et al 524 City of Anaconda^ May v 140 City of Anacourja, Snook v , 128 City of Helena v. Rogaii et al. 452 Clancy, State ex rel. King et al. v. . . . 550 Clark et al. v. Grand Opera House Co. et al . . . 549 Clark & Bro. v. Grand Opera House Co. et al 547 Commissioners of Silver Bow County, Lavell v 555 Commissioners of Silver Bow Coimly, Sullivan v. 555 Coram, Stanford v , 285 Cornish et al. v. Floyd-Jones 153 Cowell V. May ot al 163 Craver v. Stapp 314 Cummings v. Helena & Livingston S. & R Co 434 Day, In re 55G Delmoe, GoflF v 544 Dempsey, State v . . .i 504 Dickinson, State ex rel. McGinniss v 391 District Court et al., State ex rel. Anaconda Copper Min- ing Cb. v 396 District Court et al., State ex rel. Anaccmda Copper Min- ing Co. V : > 412 District Court, State ex rel. Barker v. 360 District Court .^t. al.. State ex rel. Boyle et al. v. . . 365 District Court ot al.. State ex rel. Collins v. . . 560 District Court, State ex rel. Donovan v 275 District Court et al.. State ex rel. Finlen v , 372 Table of Cases Reported. xix District Coiirt^ State ex rel. Finlen v 548 District Court ct al., State ex rel. Geyman v 433 District Court ot al., State ex rel. Geyman et al v 483 District Court ot al., State ex rel. Healy v 224 District Court ct al., State ex rel. Heinze et al. v 416 District Courts State ex rel. Ilennessy et al. v 274 District Court et al., State ex rel. Leyson v :17H District Court., State ex rel. State Board of Medical Exam- iners V 121 Dotson, State v 305 Downey et ux., Brophy v 252 Driscoil V. Shields , 494 Dwver, Frarv v , 414 Dwyer, Frarj' v 501 Ellingwood et al.. First Xational Bank of Butte v 554 Finlen v. Heinze et al ... . . . . 541: First Xational Bank of Butte v. Ellingwood et al. 554 Flovd-Jones, Coinish et al. v ,. . . 153 Forbis et al. v. Grand Opera House Co 550 Ford, State v .,. 1 Foster, State v 71 Franshani, Alexander v ,. 490 Fransham, Micheuer v 44 Frary v. Dwver 414 Frarv v. Dwver 501 «. 4/ Goff V. Delmoo. ....,....,...., 544 Gold Coin Mining & Milling Co., Spelman v 70 Goodale, Hughes v 93 Grand Opera House Co., Bender v 550 Grand Opera Hause Co., Clark & Bro. v 547 Grand Opera House Co., Clark et al. v 549 Grand Opera House Co., Forbis et al. v 550 Greenan, State ex rel. Thomas v 548 Griffin et al, Tinkel v. . . 420 Griggs et al., Mclvor v 547 Table of Cases Reported- HalTn V. Jainesetal Jf^ Hamilton et aL, Burke v *'- Hanson ct al., Boehler v ^^J^ Harringr^'O^^ ot al., Madigan v *^'^' Harrison, Wlial-u et al. v. '^^^' Heinze ct al. v. Boston & Montana Consol. C, & S. MiningC To ; •• ^^^- lleiiizo et al. v. Boston & Montana Consol. C. & S. ^lininjr Co ^•'- lloinzo et al., Finlen v '^"^^ Helena & lyivincrston S. k R. Co., Cuniniings v *^'^^ Helena ConsoliJated Water Co., Kranicli v 3^0 Howell, State v. .,. ^ Hughes V. Goodale ^^ Hughes, Matusevitz v 212 Humble et al., Warren v 495 Hurley v. O'XeiU , 269 H;^Tie6 V. Barnes. . . .,. .i 551 Industrial Printing Co., Porter et al. v 170 In re Barker's Estate 270 In re Petition of Bovle et al 365 In re Day 556 In re Quinn's Estate 561 In re Reillv's Estate 35S In re Sutton 557 In re Application of Walsh , 562 In re Weed 241 In re Weed , 507 James et al., Halm y 50 Jensen et al., W.nian et al. v 227 Joo KlafFki Co., Johnson Coamtv^ Savings Bank v 384- Johnson, State v ^ Johnson County Sayings Bank y. Joo KlaflFki Co 384 Jordan et al. y. Andrus et al 37 hi Table of Cases Reported. xxi Kellogg et al., Peirie v. 557 King V. Lincoln. 157 King et al., Maloney et al. v .,. . 487 King et al., Maloney et al. v 492 Kirk et al. v. Baker et al . . .,. . . ..... 190 Kranich v. Helena Consolidated Water Co 379 • I^Angseth V. Plymouth Gold Mining Co 553 I^rgey v. Mantle. 264 Largey, Mantle v , 554 Lavell V. Commissioners of Silver Bow (\niniv. 555 Lieneman et al.. Beer v 92 Lincoln, King v. 157 Lynch v. Bechtol. 552 Madigan v. Harrington et al . 358 Maloney et aL v. King et al. .- 4S7 Maloney et al. v. King et al. 492 Mantle, Largey v. ..... ., 264 Mantle v. Largey 554 Matusevitz v. Hughes.' 212 May V. City of Anaconda 140 May et al., Co\«ell v 1()3 McGovem et al., Booth v. 5()0 Mclvor V. Griggs et al , 547 McCleman, State ex rel Eeynolds v 545 Michener v. Fransham. .r. .i. .t. ., 44 Montana Ore Puchasing Co. et al., Boston & Montana Con- sol. C. & S. Mining Co. v 146 Murphy et al., T. C. Power & Bro. v 387 Murray v. Northern Pacific By. Co 26S Ifapton, Bums v ,. .,. .i. ., 360 XeflF, Northern Pacific By. Co. v 552 Northern Pacific By. Co., Murray v 268 Northern Pacific By. Co. v. Neff 562 ( xxii Table of Cases Reported. O'Neal, Threlkeld v 209 O'Neal, Threlkeld v 553 O'Neill, Hurley v ., 26"J Owsley, Intervenor and Appellant (Largey v. Mantle) . . 264 Pablo et al., Stillinger v 503 Passmore, Charles Schatzlein Paint Co. v. 500 Peirie v. Kellogg et al. ...... 557 Phelps et al., <>howen v 524 Plymouth Gold Mining Co., Langseth v 553 Porter et al. v. Industrial Printing Co ,. . . . 170 Presoott, State v 54G Quinn's Estate, In re. ....... 561 Eeilly'a Estate, In re 35S Rogan et al., Ciiy of Helena v 452 Shadville v. Barker et al 45 Shadwell, State v i 52 Shafer, State v 11 Sheriock, Trent et al. v 85 Shields, Driscoll v , 494 Snook V. City of Anaconda. ...*..; ^ 128 Spelman v. Gold Coin Mining & Milling Co 70 Stanford v. Coram. ....... .i. .. 285 Stapp, Craver v. ............ 314 State ex rel. Koch v. Barret 62 State V. Beals. . . .i , 540 State ex rel. King et al. v. Clancy. 550 State V. Dempsay. .;. . . .i. .,. ... .,....., 504 State ex rel McGinniss v. Dickinson 391 State ex rel. Anaxjonda Copper Mining Co. v. District Court et al .,. ... .i. .|. .,. . . .,. . . . 395 State ex rel. Anaconda Copper Mining Co. v. District Court et al. .1 412 State ex rel. Baker v. District Court 369 Table of Cases Reported. xxiii State ex rel. Boyle et al. v. District Court et al 365 State ex rel. Collins v. District Court et al 560 State ex rel. Donovan v. District Court. . . ., 275 State ex rel. Fialen v. District Court. . . ., 372 State ex rel. Finlen v. District Court 548 State ex rel. Geyman v. District Court et al 433 State ex rel. Geyman et al. v. District Court et al 483 State ex ^pl. Healy v. District Court et al 224 State ex rel. Heinze et al. v. District Court et al 41() State ex rel. Her.nessy et al. v. District C^rt 274 State ex rel. Leyson* v. District Court et al 378 Stkte ex rel. State Board of Medical Examiners v. District Court 121 State V. Dotson 305 State V. Ford , 1 State V. Foster. . . ., 71 State ex rel. Thomas v. Greenan 548 State V. HoweU , 3 State V. Johnson. 0 State ex rel. Reynolds v. McClernan 545 State V. Presoott. . .' .......!.. 546 State V. Shadwell. . . .|. ...... .i. 52 State V. Shafer 11 State V. Stevenson ., 332 State ex rel. Robert Mitdiell Furniture Co-, v. T(X)le et al. 22 State V. Towner 330 State V. Whitworth 107 State V. Woodman 348 State ex rel. Moshner v. Wright 540 Stevenson, State v. ............. 332 Stillinger v. Pablo et al . . ., 503 Stocking et al., T. C. Power & Bro. et al. v 478 Story et al., Board of Commissioners of Custer County v. 517 Stuart^ Whipple et al. v. ...■..,..,. ., 219 Sullivan V. Commissioners of Silver Bow County 555 Sutton, In re 557 xxiv Table of Cases Kepobted. Tait et al. v. Butte Butchering Co. et al 262 T. C. Power & Bro. v. Murphy et al 387 T. C. Power & Bro. et al. v. Stoeking et aJ. . . . . 478 Threlkeld v. O'.NTeal 209 Threlkeld v. O'Neal 553 Tinkel v. Griffin et al. ^. 426 Toole et al., State ex rel. Robert Mitchell Furniture Co. v. 22 ToA\Tier, State v ,..,..... 339 Trent et al. v. Sherlock 85 Walsh, In re Application of 5G2 Warren v. Humble et al 495 Weed, In re 241 Weed, In re 507 Wetzstein v. Boston & Montana Consol. Copper & Silver Mining Co. 193 Whalen et al. v. Harrison 310 Whipple et al. v. Stuart 219 Whitworth, SUte v 107 Woodman, State v. 348 Wright, State ex rel. Moshner v 540 Wynian et al. v. Jensen et al. 227 TABLE OF CASES CITED. (For cases cited from the Montana (Reports, see table at the end of this volume.) Ajdams v. Brenan, 177 111. 194l 34 Albrrttln v. Mayor, etc. of Huwtsville, 60 Ala. 486 136 Aliso WaAer Co. v. Baxter, 96 Cal. 268..: 474 Allen V. Railroad Co., 150 Mass. 20O 297 American Lafrhtingr Co. v. MoCuen, 92 Md. 703 29 Appeal of Thorn, 35 Pa. St. 47 106 Arrowsmlth v. Harmoning, 42 Ohio St. 254.. I ' < 105 'Arthur v. iHDomeBtead Fire Ins. Co., 78 N. Y. 463.. i..; 254 Atchison & Neb. R. R. Co. v. Reecher, 24 Kan. 228 84 Atlantic & Pac. R. R. Co. v. 'Rtelsner, 18 Kan. 458 84 Bachelor V. Korb, 58 Nteb. 122.. ■ : ! ■.... 102 Baltimore & O. R. R. Co. v. McCullougrh & Co.. 12 Gratt. 596 168 Barber's Administrator v. Hopewell, 1 Metcalfe (Ky.), 260 102 Barbieri v. IRamalli, 84 Cal. 154 259 Bam«s V. District of Colun^ia, 91 U. -S. 540 i , — 135 Bennett v. Griffiths, 30 I^aw J. Q. B. 98 409 Bennftt v. Whitehouse, 28 Deav. 119 409 Blakesley V. Whieldon, 1 (Hare, 176 — »..» — > i..i 409 Blumberg v. Birch, 99 Cal. 416 259 Board of Utiuidation v. McComb, 92 U. S. 541 28 Bolden v. (Railway Co., 123 ^N. C. 614 442 Boren v. Commissioners, 21 Ohio St. 311 30 Boston Bar lAssociation v. Greenhood, 168 Mass, 169. . . .i. .• 514 Bowering^ v. Adams, 126 Cal. 653....i..i 390 Boyd V. Sapplngton, 4 Watts, 247 79 Breslin v. Brown. 24 Ohio St. 669....!..; ,...., ..| 330. 331 Brigrgs V. TlUotson, 8 Johns. 304 329 Bristol V. Washington County, 177 U. S. 14T ...' 521 Brook V. State, «5 Ind. 397»..f ,.....\.., i.' ..« 481 Brown v. GMstrict of Columbia, 127 U. S. 979 135 Brown v. Green, 65 Cal. 221 i.. - — • — .- 386 Brown v. Missouri, K. & T. Ry. Oo., 67 Mo. 122 84 Bn>wn V. Volkening, 64 N. Y. 76..; ,.......i i 261 Brown v. Willis, 67 Cal. 256 ■» 261 BufFendeau v. Bdmondson, 24 Cal. 95 i ». .| — 385 Bullion, etc. Mining Co. v. Hurefka Hill Mining Co., 5 Utah, 151 489 Bunce v. Bunce, 59 Iowa, 533 »..'.. — i 1 104. 106 Butterfield v. Forreoter, 11 East. 60 461 (XXV) XX Table of Cases Reported. Hahn V. Jaiues ot al .")() Hamilton et aL, Burke v 562 HansTrn et al., Boehler v 503 Harrington et al., Madigan v 35S Harrison, \Vlial;»»i et al. v 310 Heinze et al. v. 'Boston & Montana Cons*^)]. C k S. Mining (V> 2(>5 Heinze et al. v. Ifeston & ^fontana Consol. C. A: S. Alining (V) 552 Heinze et al., Finlen v 544 Helena k Living-^t^m S. & R. Co., Cuuunings v 434- Helena (,^onsoli«late<l Water Co., Kranioli v 37t) Howell, State v. 3 Hughes V. Goodale 93 Hughes, Matusevitz v 212 Humble et al., Warren v 495 Hurlev v. O'XeiU 269 H>Tie6 V. Barnes 551 t. Industrial Printing Co., Porter et al. v 170 In re Barker's Estate , 279 In re Petition of Bovle et al 365 In re Dav 556 In re Quinn's Estate 561 In re Reillv's Estate 35S In re Sutton , 557 In re Application of Walsh 562 In re Weed 241 In re Wee<l 507 • James et al., Hahn v 50 Jensen et al., W.man et al. v. . . 227 Joe Klaffki Co., Johnson Countrv' Savings Bank v 384 Johnson, State v , 9 Johnson County Savings Bank v. Joe Klaffki Co 384 Jordan et al. v. Andrus et al. . . .,. 37 Table of Cases Reported. xxi Kellogg et al., Peine v 557 King V. Lincoln. ..... .|. ... ., 157 King et aL, Maloney et al. v. ...... ., 487 King et al., Maloney et al. v 492 Kirk et al. v. Baker et al. ........ ., 190 Kranich v. Helena Consolidated Water Co . 379 • Langseth v. Plymouth Grold Mining Co 553 Largey v. Mantle. ...,...., 264 Largey, Mantle v , r)54 Lavell V. Commissioners of Silver Bow Countv 5 ;■)."> Lieneman et al.. Beer v. 1)2 Lincoln, King v. .... ., 157 Lynch v. Bechtel. ^^iy^, Madigan v. Harrington et al 358 Maloney et al. v. King et al. 487 Maloney et al. v. King et al. 41)2 Mantle, Largey v 2i\\r Mantle v. Largey. 554 Matusevitz v. Hughes.' 212 May V. City of Anaconda 140 May et al., CoT«ell v 1(;3 McGovem et al., Booth v. 500 Mclvor V. Griggs et al 547 McCleman, State ex rel Eeynolds v 545 Michener v. Franaham. .^. .i. .i 44 Montana Ore Puchasing Co. et al., Boston & Montana Con- sol. C. & S. Mining Co. v. . . . . ., 140 Murphy et al, T. C. Power & Bro. v 387 Murray v. Northern Pacific Ry. Co 268 Napton, Bums v .,. .i. ., 300 Neff, Northern Pacific Ry. Co. v 552 Northern Pacific Ry. Co., Murray v 268 Northern Pacific Ry. Co. v. Neff 552 » xxii Table of Cases REroitxED. O'Neal, Threlkeld v. ., 209 O'Neal, Threlkeld v 553 O'Neill, Hurley v 269 Owsley, Intervenor and Appellant (Largey v. Mantle) . . 264 Pablo et al., Stillinger v. ., 503 Passmore, Charles Schatzlein Paint Co. v 500 Peirie v. Kellogg et al. . 557 Phelps et al., Ohowen v 524 Plymouth Gold Mining Co., Langseth v 553 Porter et al. v. Industrial Printing Co . . . 170 Presoott, State v 54G Quinn's Estate, In re. . . ., 561 Eeilly'a Estate, In re 35S Rogan et aJ., Ciiy of Helena v 452 Shadville v. Barker et al 45 Shadwell, State v. .,. .: 52 Shafer, State v » 11 Sherlock, Trent et al. v .i 85 Shields, Driscoll v , 494 Snook V. City of Anaconda , » 128 Spelman v. Gold Coin Mining & Milling Co 76 Stanford v. Coram. ....... .i. .... 285 Stapp, Craver v. ............... 314 State ex rel. Koch v. Barret . . . 62 State V. Beals. 546 State ex rel. King et al. v. Clancy. 550 State V. Dempsey. .i. . . .i. .,. 504 State ex rel McGinniss v. Dickinson 391 State ex rel. Anaconda Copper Mining Co. v. District Court et al ,. i. .i . . ... . . .,. . . ., 396 State ex rel. Anaconda Copper Mining Co. v. District Court et al. 412 State ex rel. Baker v. District Court 369 Table of Cases Reported. xxiii State ex re\. Boyle et al. v. District Court et al 365 State ex rel. Collins v. District Court et al 560 State ex rel. Donovan v. District Court. . . 275 State ex rel. Fialen v. District Court 372 State ex rel. Finlen v. District Court 548 State ex rel. Geyman v. District Court et al 433 State ex rel. Gcyman et al. v. District Court et al 483 ! » State ex ^1. Healy v. District Court et al 224 State ex rel. Heinze et al. v. District Court et al 416 Statfi ex rel. Iler.nessy et al. v. District Court 274 State ex rel. Leysou'V. District Court et al 378 I St&te ex rel. State Board of Medical Examiners v. District I Court 121 State V. Dotson 305 I State V. Ford 1 State V. Foster. . . ., 71 State ex rel. Thomas v. GrecMian 548 State V. Howell. ., 3 State V. Johnson . , 9 State ex rel. Reynolds v. McClernan 545 State V. Prescott. .,.'. ..... .i. 546 State V. Shadwell. ... .|. ... ... .i. ...... 52 State V. Shafer 11 State V. Steven^n ., 332 State ex rel. Robert Mitchell Furniture Co. v. Toole et al. 22 State V. Towner 331) State V. Whitworth 107 State V. Woodman. . . . . . . ., 348 State ex rel. Moshner v. Wright 540 Stevenson, Staie v ..,...., 332 Stillinger v. Pablo et al ., 503 Stocking et al., T. C. Power & Bro. et al. v 478 Story et al., Board of Commissioners of Custer County v. 517 Stuart, Whipple et al. v. .,. ... .,. .,. ., , 219 Sullivan V. Commissioners of Silver Bow County 555 Sutton, In re 557 tr xviii Table of Cases Repobted. Boyle et aJ.; In re Petition of 365 Bright V. Burke et al 551 Brophy v. Downey et nx 252 Burke et al., Bright v. . . 551 Burke v: Hamilton et al. 562 BiuTis V. Xapton . . . , 360 Bntto Butchei-ing Co. et al., Tait et al. v 262 Charles Scliatzloin Paint Co. v. Passmore 500 Chowen v. Phelps et al 524 City of Anaconda, May v 140 City of Anax»ufja, Snook v 128 City of Helena v. Rogan et al. ......,.., 452 Clancy, State ex rel. King et al. v 550 Clark et al. v. Grand Opera House Co. et al 549 Clark & Bro. v. Grand Opera House Co. et al 547 Commissioners of Silver Bow County, Lavell v 555 Commissioners of Silver Bow County, Sullivan v 555 Coram, Stanford v , 285 Cornish et al. v. Floyd-Jones 153 Cowell v. May et al 163 Craver v. Stapp 314 Cununings v. Helena & Livingston S. & R^ Co 434 Day, In re 556 Delmoe, Goff v 544 Demi)6ey, State v 504 Dickinson, State ex rel. McGinniss v 391 District Court et al., State ex rel. Anaconda Copper Min- ing Co. v 396 District Court et al., State ex rel. Anaco(nda Copper Min- ing Co. V 412 District Court, State ex rel. Barker v 360 District Court 4>t al., State ex rel. Boyle et. al. v 365 District Court ot al.. State ex rel. Collins v 560 District Court, State ex rel. Donovan v 275 District Court et ah. State ex rel. Finlen v , 372 Table of Cases Reported. xix District Court, State ex rel. Finlen v 548 District Court ct al., State ex rel. Geyman v 433 District. Court et al., State ex rel. Q^yman et al v 483 District Court et al., State ex rel. Healy v 224 District Court ct al., State ex rel. Heinze et al. v 41(5 District Court;, State ex rel. Ilennessy et al. v 274 District Court et. al., State ex rel. Levsou v .'578 District Court, State ex rel. State Board of Medical Exam- iners V 121 Dotson, State v 305 Downey et ux., .»3rophy v 252 Driscoll V. Shields 494 Dwver, Frarv v . . ., 414 Dwver, Frar\^ v 5G1 Ellingwood et al.. First Xational Bank of Butte v 554 Finlen v. Heinzo et al. ... . . .,. 544 First Xational Bank of Butte v. Elling^vood et al. 554 Floyd-Jones, Coinisli et al. v 153 Forbis et al. v. Grand Opera House Co 550 Ford, State v 1 Foster, State v 71 Fransham, Alexander v 49(i Fransham, Miehener v 44 Frary v. Dwyer ., 414 Frars' v. Dwyer 501 Goff V. Delmoe i 544 Gold Coin Mining & Milling Co., Spelman v 70 Goodale, Hughes v. . . 03 Grand Opera House Co., Bender v 550 Grand Opera H:>use Co., Clark & Bro. v 547 Grand Opera House Co., Clark et al. v ,. . 540 Grand Opera House Co., Forbis et al. v 550 Greenan, State ex rel. Thomas v 548 Griffin et al., Tinkel v. . . 420 Griggs et al., Mclvor v 547 XX Table of Cases Reported. Hahn v. Jaiiies et al 50 Hamilton et aL, Burke v 5G2 Hanson et al., Boehler v. 563 Harrington et al., Madigan v 358 Harrison, Wlialen et al. v. . . 31() Heinze et al. v. j3oston & Montana Consol. O. & S. ^lining Co , 205 Heinze et al. v. iioston & Montana Consol. C. & S. Mining Co 552 Heinze et al., Finlen v 544- Ilelena & Livingston S. & R. Co., Cummings v 434 Helena Consolidateil AVater Co., Kranicli v 379 Howell, State v. .... 3 Hughes V. Goodale 93 Hughes, Matusevitz v , 212 Humble et al., Warren v 495 Hurley v. O'Xeill , 269 H;)Tie6 V. Barnes. ...,.., 551 Industrial Printing Co., Porter et al. v. . . 170 In re Barker's Estate ,. 279 In re Petition of Bnvlc et al 365 In re Day ■ 556 In re Quinn's Estate 561 In re Reillv's Estate 358 In re Sutton 557 In re Application of Walsh 562 In re Weed 241 In re Weed 507 « James et al., Hahn v 50 Jensen et al., W,'man et al. v. .,. 227 Joe Klaffki Co., Johnson County' Savings Bank v 384 Jolinson, State v 9 Johnson County Savings Bank v. Joe Klaffki Co. 384 Jordan et al. v. Andrus et al ...... 37 Table of Cases Bepobted. xxi Kellogg et al., Peirie v 557 King V. Lincoln. .-...., .,. .; 157 King et al., Maloney et al. v ,. 487 King et al., Maloney et al. v 492 Kirk et al. v. Baker et al ., 190 Kranich v. Helena Consolidated Water Co . . . 379 • Langseth v. Plymouth Grold Mining Co 553 Largey v. Mantle. 264 Largey, Mantle v . . ., r)54 Lavell V. Commissioners of Silver Bow Countv. . . 5r).'> a Lieneman et aL, Beer v 92 Lincoln, King v. 157 Lynch v. Bechtol. , r)r)2 Madigan v. Harrington et al 358 Maloney et al. v. King et al. 4S7 Maloney et al. v. King et al. 492 Mantle, Largey v. 201: Mantle v. Largey. 554 Matnsevitz v. Hughes.' 212 May V. City of Anaconda 140 May et al., Co\\5ell v 1(>;] McGovem et :U., Booth v. 5(50 Mclvor V. Griggs et al 547 McCleman, State ex rel Reynolds v 545 Michener v. Franaham. .\. .i. .,. ., 44 Montana Ore Pnchasing Co. et al., Boston & Montiina Con- sol. C. & S. Mining Co. v 140 Murphy et aL, T. C. Power & Bro. v 387 Murray v. Northern Pacific Ry. Co , 2GS Napton, Bums v. .,. .i. ., 300 Neff, Northern Pacific Ry. Co. v 552 Northern Pacific Ry. Co., Murray v 268 Northern Pacific Ry. Co. v. Neff 552 I xxii Table of Casks Reported. O'Neal, Threlkeld v 209 O'Neal, Threlkeld v 553 O'Neill, Hiirlev v 260 Owsley, Intervenor and Appellant (Largey v. Mantle) . . 264 Pablo et al., Stillinger v 503 Passmore, Charles Schatzlein Paint Co. v 500 Peine v. Kellogg et al. . .1 557 Phelps et al., Chowen v 524 Plymouth Gold Mining Co., Langseth v 553 Porter et al. v. Industrial Printing Co ,. . . . 170 Prescott., State v 54G Quinn's Estate, In re. . . ., 561 Reilly's Estate, In re 35S Kogan et al., Ciiy of Helena v 452 Shadville v. Barker et al. 45 Shadwell, State v. ... ., 52 Shafer, State v 11 Sherlock, Trent et al. v 85 Shields, Driscoll v 494 Snook V. City of Anaconda. - 128 Spelman v. Grold Coin Mining & Milling Co 70 Stanford v. Coram. ....... .|. .... 285 Stapp, Craver v ,..,..,.. 314 State ex rel. Koch v. Barret 62 State V. Beals. .,. 540 State ex rel. King et al. v. Clancy. 550 State V. Dempsey. .,. 1. .1 ,.....; 504 State ex rel McGinniss v. Dickinson 391 State ex rel. Anaconda Copper Mining Co. v. District Court et al ,. .1. . . .;. ... .1. .\. . . . . . . . . . . .,. . . ... . . . 396 State ex rel. Anaconda Copper Mining Co. v. District Court et al. 412 State ex rel. Baker v. District Court 369 Tabl£ of Cases Bepobted. xxiii State ex rel. Boyle et al. v. District Court et al 365 State ex rel. Collins v. District Court et al 560 State ex rel. Donovan v. District Court. . . ., 275 State ex rel. Fialen v. District Court. . . ., 372 State ex rel. Finlen v. District Court 548 State ex rel. Geyman v. District Court et al 433 State ex rel. Geyman et al. v. District Court et al 483 State ex ^pl. Hoaly v. District Court et al 224 State ex rel. Heinze et al. v. District Court et al 41(5 State ex rel. Her.nessy et al. v. District Court 274 State ex rel. Leyson-v. District Court et al 378 Stfete ex rel. State Board of Medical Examiners v. District Court . , 121 State V. Dotson 305 State V. Ford , 1 State V. Foster 71 State ex rel. Thomas v. Greenan 548 State V. Howell 3 State V. Johnson. 9 State ex rel. Reynolds v. McClernan 545 State V. Prescott. ...' 546 State T. Shadwell. ... .|. ... ... .i. ....... 52 State V. Shafer 11 State V. Stevenson. i 332 State ex rel. Robert Mitchell Furniture Co. v. Toole et al. 22 State V. Towner , 331) State V. Whitworth 107 State V. Woodman. 348 State ex rel. M>shner v. Wright 540 Stevenson, Sta^e v ..,...., 332 Stillinger v. Pablo et al 503 Stocking et al., T. C. Power & Bro. et al. v. . . 478 Story et aJ., Board of Commissioners of Custer County v. 517 Stuart., Whipple et al. v. .,..!.....,. 210 Sullivan V. Commissioners of Silver Bow County 555 Sutton, In re . . 557 xsiv Table of Cases Kepobted. Tait et aL v. Butte Bnttiiering Co. et al 262 T. C. Power & liro. v. Mnrphy et al 387 T. C. Power & Bro. et aL v. Storing et al 478 Threlkeld v. O'Xeal 209 Threlkeld v. O'Neal 55S Tiakel v. Griffin et al ^ 426 Toole et al,, State ex rel, Robert Mitchell Furniture Co. v. 22 To«Tier, State v aSD Trent et al. v. Sherlock S') Walsli, In re Application of i>C2 Warren v. Humble et al 495 Weed, In re 241 Weed, In re 507 Wetzfitein v. Boston & Montana Oonsol. Copper & Silver Mining Co. ., 193 Whalen et al. v. Harrison Slfi Whipple et al. v. Stuart 219 Whitworth, Sute v 107 Woodman, State v 348 Wright, State ex rel. Moshner v ."SiO Wj'man et al. v. Jensen et al. , 227 TABLE OF CASES CITED. (For cases cited from the Montana (Reports, see table at the end of this volume.) ^Ajdams v. Brenan, 177 111. 194 , 34 Albrittin v. Mayor, etc. of Huntsvllle, 60 Ala. 486 136 Aliso WaJter Co. v. BaOcer, 95 Cal. 268..: 474 Allen V. Railroad Co., 150 Mass. 20O 297 American Liigrhtlng: Co. v. McCuen, 92 Md. 703 29 Appeal of Thorn, 35 Pa. St. 47 106 Axrowsmith v. Harmonlng, 42 Ohio St. 254 1 > 105 'Arthur v. Homestead Fire Ins. Co., 78 N. Y. 46a..|..,.. 254 Atchison & Neb. R. R. Co. v. Reecher, 24 Kan. 228 84 Atlantic & Pac. R. R. Co. v. iRIeisner, 18 Kan. 458 84 Bachelor v. Korb, 58 Nteb. 122. ....... .' : i 102 Baltimore & O. R. R. Co. v. McCullougrh & Co., 12 Gratt. 595 168 Barber's Administrator v. Hopewell, 1 Metcalfe (Ky.), 260 102 Barbieri v. Ramalli, 84 Cal. 154 259 Barnes v. District of Colunijbia, 9i U. -S. 540 i ..,....' 135 Bennett v. Griffiths, 30 .Law J. Q. B. 98 409 Bennttt v. Whitehouse, 28 Beav. 119 409 Blakesley v. "Wliieldon, 1 Hare, 176 i. .» / i. .|. : — 409 Blumberg v. Birch, 99 Cal. 416.. 259 Board of liltiuidatlon v. MoComb, 92 U. S. 541 28 Bolden v. (Rjailway Co., 123 iN. C. 614 .. ^ 442 Boren v. Commissioners, 21 Ohio Sit. 311 30 Boston Bar Association v. Greenhood, 168 Mass. 169 — i. .< 514 Bowering v. Adams, 126 Cal. 653 i..i 390 Boyd V. SappinRton, 4 Watts, 247 79 Breslin v. Brown, 24 Ohio St. 669.. ■..)..' , ,..,.. 330, 331 Brigrgs V. TlUotson, 8 Johns. 304 329 Bristol V. ^Washingrton County, 177 U. S. 14T ,..• 521 Broclc V. ettsde, «5 Ind. Z9ik., .....|.., i..' \ 481 Bpown V. "District of Columbia, 127 U. fii. 579 135 Brown v. Green, 65 Cal. 221 i.. ..' i — . . 386 Brown v. Missouri, K. & T. Ry. Co., 67 Mo. 122 84 Brown v. Volkening, 64 N. T. 76.... ............ ..| 1 261 Brown v. Willis, 67 Cal. 255 ..\ 261 Buffendeau v. Bdmondson, 24 Cal. 95 ..■.. «. .| — 385 Bullion, etc. Mining Co. v. :E3ureika Hill Mining Co., 5 Utah, 151 489 Bunce v. Bunce, 59 Iowa, 533 ,. .'. . — i I — » 104, 106 Butterfleld v. Forresfter, 11 East, 60 451 (XXV) 14 State t;. Shafbb. [Oct T.'Ol the degree of the crime of which he is guilty.^ The court also instructed the jury with care as to what elements must accom- pany the murder to malce it murder in the first dee^ree. In the Baker Case, supra, the court says : "The question for this court to determine is^ whether this was a sufficient defini- tion of murder in the second degree (being in language of stat- ute), to enable the jury to determine the essential character- istic of the d^ree of homicide." Testing this question by the instructions given in this case, we are firmly convinced that the requirements have been complied with. First, the court in- structed that "murder is the unlawful killing of a himian being with malice aforethought Second, that to constitute murder in the first degree, it must be deliberate and premeditated. Third, "All other kinds of murder are of the second degree,^' meaning, of course^ all kinds of murder except that accompanied by delib- eration and premeditation. Construing the instructions to- gether, it is impossible to draw any conclusion from them other than that the words "All other kinds of murder are of the sec- ond degree,'^ means the unlawful killing of a human being with malica The definition of murder in the second d^ree in this state is simply the Code definition of murder. (State v. Calde^, 23 Mont 504, 521 ; State v. Fisher, 23 Mont 540, 546.) From the fact that the crime is presumed to be murder in the second degree "when the state has proved the killing by thp> defendant without evidence tending to show that the act amoimts to man- slaughter, or that the defendant is jusifiable or excusable" (State V. Fisher, supra) ^ it must follow that murder in tho second d^ree is simply the unlawful killing with malice^ other- wise there could be no such presumption, and if that presump- tion is correct, then the court did fully instruct as to murder in the second degree when it instructed as to murder. MR CHIEF JUSTICE BRANTLY delivered the opinion of the court Upon a second trial, granted to the defendant by the district court in obedience to the mandate of this court (State v. Shafer, 26 Mont] State v. Shafer. 15 22 Mont 17, 55 Paxj. 526), he was again convicted of mnrder of the first degree and condemned to death. This appeal is from the judgment and an order denying a new trial. 1. The charge against the defendant was by information filed by the county attorney by leave of court upon a motion in writing not verified. The information was verified by the county attorney upon his information and belief. Prior to the filing of the formal charge there had been no preliminary ex- amination by a justice of the peace founded upon a complaint or afiSdavit reduced to writing and showing probable cause, sup- ported by oath or affirmation of any person. The motion for leave iix the district court was accompanied by a statement in writing, but this was not supported by oath or affirmation. The defendant was arrested and brought into court under a bench warrant issued after the information was filed. He tJiereupon moved the court to set aside the information on the ground that he had been arrested and held to answer the chargq preferred against him in violation of Section 7 of Article III of the Con- stitution of the state, which prohibits the issuance of any war- rant to seize any person without probable cause, reduced to writ- ing, and supported by oath or affirmation. The motion was overruled, and, upon arraignment the defendant standing mute, a plea of not guilty was ordered entered by the court There- after the cause was tried, resulting in a judgment of conviction. The contention of the defendant now made for the first time in this case is that, under the constitutional provision referred ta, the written charge by the coxmtj attorney, verified npon his information and belief only, and not supported by an affidavit by himself or some other person setting forth facts sufficient to show probable cause, did not authorize the issuance of the warrant, his arrest, and subsequent trial. The sections of the statute regulating the filing of informa- tions upon leave granted by court (Penal Codcj, Sees. 1383- 1387, 1810, et seq.)y and prescribing the necessary steps to be taken, require a written motion for such leave, but nowhere provide that it must be supported by oath or affirmation. Under 16 Statb v. Shafbb. [Oct T.'Ol the statute of 1891 (Session Laws of 1891, p. 249, Sec. 3), the county attorney was required to verify the information, but Mr. Justice Hunt, in commenting upon this requirement in State v. McCaffery, 16 M<»it 33, 40 Pae. 63, points out that the words ^'probable cause," as used in the constitution, are properly con- strued to embrace facts embodied in a complaint or information charging an ofiFense upon information and belief. We believe this to be the true construction, both upon principle and for sound reasons of public policy. Where a charge is preferred by indictment in this state, it is usually based upon the informa- tion and belief of a grand jury of seven men. If the grand jury were required to act upon personal knowledge of the crimes for which they present indictments, it would rarely be the case that a charge could be preferred, no matter how mudi informa- tion they might obtain from witnesses, nor how thoroughly well founded their belief in the truth of it and the guilt of the person accused. So it is with the county attorney or other public officer in endeavoring to bring wrongdoers to punishment In the nature of things, these officers can rarely have personal knowl- edge of the facts and circumstances of a crime ; and, in case of their inability to secure the affidavit of some one possessed of such knowledge upon which to prefer a charge, the lawbreaker would go unpunished. The provisions of the Code touching in- formations merely require that they shall be subscribed by the county attorney. It is nowhere made his dut^ to attach his verification, or to support the formal charge by an affidavit either by himself or any other person. It was held by this court in State v. Claruiy, 20 Mont 498, 52 Pac. 267, that the provision of the constitution here invoked is not violated by an omission on the part of the legislature to require an informa- tion to be verified, but that it is satisfied when an inf orm.ation, properly subscribed, is filed by the county attorney, because in thus presenting a formal chaige this officer acts under his official oath. After a careful re-examination of the authorities citerl and the provisions of the statute pertinent to the subject, we are satisfied with the conclusions reached in State v. Chmey, 26 Mont] State v. Shafeiu "> 17 supra; and it necessarily follows that the written motion madd by the county attorney for leave to file the information need not be supported by oath or affirmation, nor is it required that it should set forth with technical accuracy the facts constituting a formal charge. 2. The facts leading up to and attending the homicide are, briefly stated, the following: On the evening of August 11, 1897, the deceased, Hawkins, and the defendant, with some of iheir friends, had attended a dance at the Columbia Gardens, a resort near Butte^ in Silver Bow county, remaining there until the following morning. About 2 o^clock in the morning Hawkins and the defendant had a personal encounter, during which Hawkins struck the defendant The latter thereupon drew his pistol and fired twice at Hawkins, but without effect Mutual f Abends interfered and stopped the conflict^ and shortly thereafter Hawkins and the defendant, with their friends^ re- turned to Butta The defendant, with some of his party, went to the Swim Saloon, arriving there between 5 and 6 o'clock. The bar in the saloon forms a right angle with the line of the street, extending back from the front Upon entering the place the rest of the! party began to drink, and were standing about the room in front of the bar. The defendant apparently did not join in the drinking, but stood near and beyond the end of the bar towards the back of the room, some 18 feet from the en- trance, leaning against a refrigerator. He was facing the street entrance. In a few minutes Hawkins entered alone. From this point there is a conflict in the evidence as to what took placa Some of the witnesses stated that Hawkins advanced towards the bar as if to order a drink, and stopped near the front of the room, with his right arm resting on the bar and his left hanging at his side; that thereupon, the defendant, having advanced within a foot or two of Hawkins, thrust the muzzle of his pistol against Hawkins and fired ; that Hawkins caught the pistol and tried to wrest it from the defendant; and that there then fol- lowed a general fight between Hawkins on one side and the de- fendant and two or three of his friends on the other, which con- Vol. XXVI— 2 18 State v. Shafeb. [Oct T/01 tinued until HawkinB, having secured the pistol, broke away and ran into the street, where he was arrested by a policeman. Other witnesses stated that Hawkins upon entering the place held his right hand concealed in the pocket of his coat; that he proceeded to within a few feet of the defendant^ who advanced to meet him; that thereupon Hawkins and the defendant clinched and began to fight; and that in a moment the shot was fired by the defendant, inflicting a wound in Hawkins' abdomen, from which, other evidence shows, he died on the following day. All the witnesses agree that in the general fi^t Hawkins was badly beaten and cut about the back of his head and neck, and that this was done by the friends of the defendant No words were spoken by either Hawkins or defendant, except that, just as the encounter began, one or the other (it is not certain which) said^ ''What is the matter with you i" There it. in the record evidence that some one told the defendant after he entered tlie saloon that Hawkins, since his return from the Columbia Gar- dens, had been trying to borrow a pistol, and had stated that he was ''going to kill a nigger before morning." The defendant i^y a negro, as was also Hawkins. As a matter of fact, it subse- quently appeared that Hawkins had no weapon when he entered the saloon. He was, however, a large^ powerful man, and in this respect considerably superior to the defendant What was the cause of the trouble at Columbia Gardens, the evidence does not disclose. The defendant objected to all of the evidence tending to show the previous difficulty between himself and the deceased, on the ground that this occurrence was no part of the re^ gestae, and any inquiry concerning it was therefore inmiaterial. It is also argued by counsel that its admission by the court was preju- dicial to the defendant, in that it tended to establish another and distinct ofienscL This evidence was offered by counsel for the state, and admitted by the court, as tending to show malice. What occurred there was certainly no part of the res gestae of the homicida While it preceded the homicide^ and may be said to have been, in a sense^ one of the series of circumstances out 26 Mont] Statb v. Shafeb. 19 of which it may have grown, nevertheless each occurrence was complete in itself; and in the eye. of the law the responsibility of the respective participants in each was to be judged by the positions they occupied at the different times, and the motives which prompted them. Who was in the wrong in the encounter at the Columbia Gardens was therefore not a proper inquiry for the jury in their endeaver to fix the responsibility for what oo- enrred in the Swim Saloon. It was proper, however, for them to inquire what the motive or impulse was which prompted the defendant to fire the shot at the Swim Saloon ; and, to enlighten and aid them in this inquiry, the condition of feeling thereto- fore existing between the defendant and the deceased was per- tinent and material. In making this condition appear to the jury, the evidence admitted might incidentally bring to their knowledge facts tending directly to establish against the de- f^idant another and distinct offense yet the' pofssible effect of such evidence did not render it open to legal objection on tiie ground that iH was incompetent or inunaterial, and tended di- rectly to prejudice the defendant in the eyea of the jury. (State «v. Oeddes, 22 Mont 68, 55 Fac 919.) A trial court should carefully guard against the admission of evidence tending to showing collateral matters, to the end that the real issue may not be obscured, and the defendant be thus prejudiced; at the same time the defendant may not bet allowed to exclude from the consideration of the jury facts which are pertinent to the i^eal issue on the grotmd that upon a previous occasion he had bden guilty- of another and distinct wrong. (Stai^ v. Oeddes, supra*) The witnesses were not permitted to go into the details of the previous difficulty so as to make it appear who was in the wrong ; and the court, as was proper, expressly confined the jury in dieir consideration of the evidence in this connection to the question whether it showed malice in the defendant at the time of the homicide. The ruling of the court was corrects (People V. Kern, 61 Cal. 244 ; People v. Brown, 76 Cal. 573, 18 Pac. 618; People v. Thomson, 92 Cal. 512, 28 Pac 589; People v.. Colvm, 118 Cal. 351, 50 Pac. 539.) 20 State v. Shafer. [Oct T.'Ol 3. The court instructed the jury, in substance, that they were at liberty, according to their view of the evidencei, giving to the defendant the benefit of every reasonable doubt, to find him guilty of either d^ree of murder or of manslaughter, or to acquit him entirely if upon, the whole case they entertained a reasonable doubt whether he killed the deceased in necessary self-defense. Murder was properly defined in the words of the statute. Then followed the statutory definitions of murder of the first and second degrees, of manslaughter, and of justifiable homicide; no attempt being made, however, to draw a distincr tion between murder of the first and seoond degrees. The jury were left to draw this distinction for themselves from the gen- eral definitions given, and the words, ''all other kinds of murder are of the second degree,'^ following the definition of murder of the first degree^ Counsel contend that this was prejudicial error. The identical question here presemted was discussed by this court in State v. Baker, 13 Mont 160, 32 Pac. 647, and decided in favor of the contention now mada The court in the present case correctly told the jury that the facts presented in evidence would warrant a verdict of guilty of any grade of un- lawful homicide or of acquittal. If the statements of some of the witnesses were to be taken as true, the shooting of the de- ceased was without any palliating circumstances whatever, and the result of a deliberate design on the part of the defendant to^ gratify his feelings of malice and revenge. On the other hand, there was evidence from which the inference was permis- sible that it was the result of passion rekindled by the sudden and unexpected appearance of the deceased while the defendant was still smarting from the recollection of the recent encounter m at Columbia Gardens. Under this view the jury might have concluded that the defendant was prompted by preconceived malice and ill will, but that there was wanting the deliberate purpose to take life necessary to constitute murder of the first degree. Again, the view might have been taken that the killing was the result of a sudden heat of passion brought about by a renewal of the trouble by the deceased himself ; some of the 26 Mont] Statb v. Shafes. 21 witnesses having testified that upon entering the saloon the de- ceased advanced towards the defendant and renewed the fight. A finding of these facts would have justified a verdict of man- slaughter. Again, there was evidence tending to show that the deceased had made a threat against defendant's life, that he had endeavored to procure a pistol, that these facts had been communicated to the defendant, and that the deceased, upon entering the saloon in sight of defendant^ had his right hand concealed in his pocket, and in this attitude had advanced upon the defendant with the apparent purpose of carrying his threat into execution. These facts, if found by the jury, would have justified an acquittal. It is the duty of the trial court to so declare the law applicable to every phase of the case that the jury may consider the evidence with the full knowledge of every essential element of each grade of crime of which the defendant may be convicted. (StcUe v. Baker, supra.) Jurors are not learned in the law. Ordinarily they have not experience and knowledge sufficient to enable them to draw nice distinc- tions necessary in the application- of legal principles, and, xm.- less the court comes to their assistance and declares these dis- tinctions so that they may understand and apply them, they are left to grope in confusion and uncertainty. Under such conditions a verdict is ignorant guesswork, and not* the result of intelligent deliberation. The court nowhere told the jury that murder of the second degree is the unlawful killing of a human being with malice aforethought, but without deliber- ation. Thus the jurors were left to find out for themselves, from a reading of the statute, and by a process of exclusion, tliat deliberation is the distinguishing characteristic of murder of the first degree, and that all other kinds of murder are of the second degree, because this element is wanting. Upon further consideration of the subject^ we are satisfied that the rule laid down in State v. Baker, supra^ is correct Let the judgment and order be reversed, and the cause be re- manded for a new trial. Reversed and remanded. 22 State ex rel. E. M. F. Co. v. Toole. [Oct. T.'Ol 26 22 •f37 388 37 389 STATE EX BET.. ROBERT MITCHELL FURNITURE CO., Plaintiff, v. TOOLE, Governoe, et al.. Defendants. (No. 1,715.) (Submitted October 19, 1901. Decided October 28, 1901.) Mandamus — Suit Against State — Mandamus to Officer — Staie Furnishing Board — Rescinding Contracts — Advertisement for Bids — Union Labor — Constitution. X. Where the state furnishing board regularly accepts a bid for the fui-nlsh- ing of supplies to the state, and subsequently refuses to sign the formal contract, a writ of mandate to compel such action is no>t obnoxious ^ the objection that it Is, io effect, a suit iagainst the state. 2. Under rolitlcal Code, Sec. 707, providing that the state furofshiug board must award the contract for supplies for the state to che lowest re:ip(*i:si- ble bidder, where the board regularly accepts a bid for supplies its actl>Mi in subsequently attempting to fsssclnd the contract because the bidder is shown to be a corporation employing non-union workmen, and hostile lo labor organizations, is void. 8. Tliat the refusal of the state furnishing board to award a contract to the lowest responsible bidder is merely erroneous, is not sufficient to Justify the Issuance of the writ of mandate. 4. A contract entered Into by the acceptance of a bid for public work, ten* dered pursuant to an advertisement limiting the right to bid to persons employing, or who will in the future employ, union labor only, is Toid. 5. An absolutely void contract cannot be made valid by the failure of public officers to object to it upon the proper ground. 6. Where advertising for bids Is a statutory requirement, neither the munici- pality nor its agents can make a contract binding upon it without "compli- ance with the formalities so prescribed. 7. Advertisements for proposals to furnish supplies are not public printing within the language or spirit of Section 80, Art. V, of the Constitution. 8. Political Code, Sec. 705, declares that, before any contract for the furnish- ing of supplies to the state is let, the state furnishing board must adver- tise for proposals for 20 davs In two dally newspapers printed in the state. Constitution, Art. V, Sec. 90, ordains that all printing for the state snail be performed under contract to be given to the lowest responsi- ble bidder. Held, that where an advertisement for proposals for the fur- nishing of supplies was not made in compliance with section 705, but was made only in a newspaper which had the contract for the public printing, and a contention that the publication was lawful ».ecause the advertise- ment was public printing was without merit. Mandamus by the state, on the relation of the Robert Mitchell Furniture Company, to Joseph K. Toole, governor, and others, constituting the state furnishing board, to compel respondents to sign a formal contract for the furnishing of supplies to the 26 Mont] StATE EX eex. E. M. F. Co. v. Toole 23 state ty relator. There was a demurrer to the petition and a motion to quash the writ, which were overruled, and answers and a reply were then filed. Alternative writ quashed^ and proceedings dismissed. Statement of the Case by Mb. Justice Pigott. This is an application by the plaintiff, the Robert Mitchell Furniture Company, for a writ of mandate commanding the defendants to sign a certain alleged contract An alternative writ was issued. A demurrer to the petition and a motion to quash the writ were overruled and denied pro forma. Answers and a reply were then filed. Upon the issues thus framed evi- dence was taken. So far as need be stated the facts are these : The defendants Toole, Donovan, and Hays are and since Janu- ary 7, 1901, have been, respectively, governor, attorney general, and secretary of state of the state of Montana, and as such have constituted, and do now constitute, the state board of examiners and ex officio furnishing board. . One of the duties of the fur- nishing board is to provide furniture and supplies for the state capitol,' and to that end to contract with the lowest responsible bidder therefor. On the 20th day of May, 1901, the board directed that an advertisement be inserted in the Helena Inde- pendent, a daily newspaper printed at the seat of government of the state, and in two newspapers printed and published without the state, for sealed proposals to furnish certain sup- plies and furniture for the state capitol. The advertisement ran for twenty days in the Helena Independent and in the other newspapers designated by the board, but it was not in- serted in any newspaper printed in the state of Montana except the Independent. Before the publication of the advertisement the board had awarded to the owner of the Helena Independent a contract to do the printing for the state, which contract was in existence while the advertisement appeared in that newd- paper. On the 1st day of August, 1901, the board opened and compared the proposals received, there being six bidders. Among the proposals was one from the plaintiff offering to 24 State bx eel. R M. F. Co. v. Toole. [Oct T.'Ol furnish the supplies called for in the advertisement at a stated price. On August 2d, 3d, and 5th the board further discussed and considered the several proposals, and on the 6th day of August, by unanimous vote, awarded the contract to the plain- tiff for the sum of $35,781 upon the amended proposal, schedule and specifications submitted by the plaintiff and notified the company of the acceptance of its offer. The attorney general was directed by the board to prepare a formal contract con- formable to ih.3 agreement resulting from the acceptance of the bid. This he did, and it was signed by the plaintiff but not by the board or its members. The bid of the plaintiff was not accompanied by any bond. At some time between the 10th and 23d of August the plaintiff delivered to the attorney gen- eral its bond bearing date August 10th, in the penal sum of $18,000, payable to the state furnishing board of the state of Montana. This bond was never presented to the board. A few days prior to the 23d of August the members of the board re- ceived from certain organizations, commonly called "labor unions," protests against the signing of the contract theretofore made with the plaintiff, the protests asserting hostility^ on the part of the plaintiff toward labor organizations and that it employed persons who were not members of unions. A meeting was called for August 23d for the sole purpose of investigating and taking action upon these protests. At the meeting one Mc- Donald, president of the union known as the "Western Labor Union," presented the protests and evidence in support of the so-called "charges,'' and a representative of the plaintiff ap- peared in its behalf. Upon consideration of the "charges" and the purported evidence in support of them, the board formally reconsidered its action in awarding the contract to the plaintiff, the governor voting in the negative. It was then moved that the contract be canceled, which motion was carried against the negative vote of the governor. The following is a copy of the minutes of that meeting: "Helena, Mont., Aug. 23, 1901. "The following protests to the signing of the contract with 26 Mont] State ex bel, R M. F. Co. v. Toole. 25 the Robert Mitchell Furniture Company having been received : Silver Bow Trades & Labor Assembly, No. 61, Butte, Mont ; Missoula Federal Labor Union No. 43, Missoula Mont f West- em Labor Union, Butte, Mont ; Western Montana Trades & Labor Council, Missoula, Mont ; Barbers' Union, Butte, Mont ; Mountan View Lodge, No. 29, International Association of Machinists, Anaconda, Mont ; United Brotherhood of Carpen- ters & Joiners of America, Missoula, Mont. ; Big Blackf oot Lumbermen's Union, No. 47, Bonner, Mont ; Montana State Trades & Labor Council, Butte, Mont ; Carpenters' Union No. 88, Anaconda, Mont ; Eed Lodge Labor Union No. 70, Red Lodge, Mont, — ^the board met to hear the matter of such pro- tests, which were presented by Mr. Daniel McDonald, president of the Western Labor Union, on behalf of the several labor organizations, and by Mr. Lou Hartson, on behalf of the Robert Mitchell Furniture Company. The minutes of the previous meetings were approved. In the matter of the protest against awarding the contract to the Robert Mitchell Furniture Com- pany for the furnishing of the state capitol ; whereas, evidence was submitted to the board that the said Robert Mitchell Furni- ture company was denominated by the labor unions of the United States as hostile to labor organizations, and was classed as a scab company ; and, whereas, said facts were presented to the state furnishing board. Now, therefore, after considering the charges and evidence in support thereof, it is hereby re- solved : that the action of the boarjd in awarding the contract to the Robert Mitchell Furniture Company be reconsidered : And that motion carried, Messrs. Donovan and Hays voting aye. A motion being made by a member of the board to cancel said contract, and the same being submitted to the board, was car^ ried, Messrs. Donovan and Hays voting aye, and the contract was declared to be canceled. On both the above motions Gov. J. K. Toole voted in the negativa Mr. Lou Hartson, the rep- resentative of the Robert Mitchell Furniture Company, was notified in person by the secretary of the board of the decision of the board, rescinding the former order to award the contract to his firm. Board adjourned." 26 Statb ex kel. R M. F. Co. v. Toole. [Oct T/01 At this meeting the goTemor inquired where the bond was and the attorney general answered that he had it in his office^ whereupon the goyemor inquired whether there was any objec- tion on account of the bond, and whether there were any objec- tions other than fhe one presented to the board by the labor unions, and was informed that there were none. As to which member of the board informed the governor that there was no objection to the contract save the one in respect of union labor is not clear, for the governor, after testifying that he made in- quiries at that meeting of the board whether there was any other reason and was told that there was not, testified :. ^^I will not say positively that you (the attorney general) said that there were no other reasons or objections to that bid ; but yo«t made no objection on account of the bond ; . * * * there was no odier reason assigned, or suggested, passed upon, or determined by the board/' The secretary of state testified that the only reason why he voted to rescind the contract was h^ cause of the matter set out in the resolution. No reason was^ assigned, suggested, discussed, passed upon or considered by the board other than the one set forth in the resolution. At the time of the rescission or cancellation of the contract the attorney general knew that the advertisement had not been printed in any newspaper in Montana except the Helena Independent^ and had actual knowledge of the provision of Sec^tion 705 of the Political Code which makes it the duty of the board to advertise for twenty days in two daily newspapers printed in the state. On the 28th day of August, 1901, this proceeding was instituted, the plaintiff asking that the defendants be re- quiTed to sign and deliver the formal contract prepared by tho attorney general or one in substance similar thereto. There- after and on the 18th day of October, a bond in the penal simi of $76,000, duly executed by the plaintiff and a surety com- pany, conditioned for the faithful performance of the contract^ was delivered to the secretary of state, but no action thereon wa* taken by the board. Messrs. Toole & Bach, for Relator. 26 Mont] State ex rel. R. M. F. Co. v. Toole. 27 Mr. James Donovan, Attorney Generdly for Defendants. ME. JUSTICE PIGOTT, after stating the case, delivered the opinion of the court Many questions have been argued which we need not decide, — ^for instance, we find it unnecessary to determine whether the furnishing of a bond in conformity with the provisions of Section 708 of the Political Code is always a prerequisite to a valid contract with the board, or to determine the kindred question whether the board might waive or excuse the failure of the plaintiff to present a bond with its bid, and, if it could, whether it did so ; and also the question whether the plaintiff followed the requirement of the latter sentence of Section 70ft of the Political Code providing that "a sample and minute de- scription of every article must accompany and be deposited with each proposal." For the purposes of the proceeding we assume, but do not decide, that these questions and all others not specially discussed should be solved in plaintiff's favor. So viewing the case, we deem it necessary or advisable to con- sider but four questions: 1- The defendants Donovan and Hays attack the petition and alternative writ of mandate upon the ground that the pro- ceeding is in effect an action against the state and say that 'i state of the Union is not without its express consent subject t> suit in its own courts or in those of another state. They say that the doctrine is absolute 'and cannot be overthrown indi- rectly by the institution of actions against state officers when in effect they are actions against the state. With this we agree. {Lang ford v. King, 1 Mont 33 ; Fish v. Cuthbert, 2 Mont 598 ; State ex rel. Journal Pvb Co, v. Kenney, 9 Mont 3S9, 24 Pac 96; 23 Am. & Eng. Enc. Law (1st Ed.), 83.) But the present proceeding is not in effect an action or proceeding against the state. If the allegations of the petition are true the proposal of the plaintiff was regularly accepted and the contract let to it as the lowest responsible bidder after a compliance with all the statutory requirements. The state by its authorized agent 28 State ex kel. R M. F. Co. v. Toolb- [Oct T.'Ol awarded a contract, and the object of the present proceeding is to compel the defendants as public officers of the state to sign the formal contract, and thereby perform what is alleged to be their ministerial dntv. K the duty to be performed by a public officer of the state is purely ministerial, the writ of mandate may be issued, the case being otherwise a proper one for the employment of such writ {Stale ex rel. State Pvb. Co, v. Smith, 23 Mont. 44, 57 Pac- 449, and cases there cited; Mar- bury V. Madison, 1 Cranch, 137, 2 L. Ed 60; In re Ayers, 123 U. S. 500, 8 Sup. Ct 183, 31 L. Ed. 230.) In the case last cited the court approved the following extract from the opinion in Board of Liquidation et oZ. v. McComb, 92 United States, 541 (23 L. Ed. 628): "A state, without its consent, cannot be sued by an individual ; and a court cannot substitute its own discretion for that of executive officers in matters belonging t»> the proper jurisdiction of the latter. But it has been well set- tled that when a plain official duty, requiring no esercise of discretion, is to be performed, and performance is refused, any person who will sustain personal injury by such refusal may have a mandamus to compel its performance ; and, when such duty is threatened to be violated by some positive (^cial act, any person who will sustain personal injury thereby, for which adequate compensation cannot be had at law, may have an in- junction to prevent it ;'^ and upon that principle this court has often entertained proceedings against state officers, the latest being State ex rel. Staie Savings Bank v. Barret, State Treas- urer, 25 Montana, 112, 63 Pacific Reporter, 1031. If the de- fendants owe to the plaintiff the performance of an act which the law specially enjoins as a duty resulting from an office, — in other words, if the defendants as m^nbers of the board owe to the plaintiff a duty, and the performance of that duty is a ministerial act not involving the exercise of discretion or judg^ ment, — the writ of mandate will lie to compel such perf ormance, and the state is not thereby subjected to an action or proceeding. The petition is not obnoxious to the objection urged. 2. Section 707 of the Political Code provides with refer- 26 Mont] State ex bei^ R M. F. Co. v. Toole- 2^ ence to the state furnishing board: "The proposals received must be directed to the board, opened and compared by it at its office at twelve o'clock noon, of the day specified in the ad- vertisement, and the board must award the contract for fur- nishing such supplies, or any of them, to the lowest responsible bidder at such tima^' Section 709 provides, among other things, that any and all bids may be rejected and the board may advertise again. The board is a governmental agency possess- ing such powers and jurisdiction, and such only, as the law confers upon it. In the examination, comparison, and consider- ation of the proposals and in awarding the contract the board exercises its discretion. The duty imposed is to award the con- tract to the lowest responsible bidder, unless the bids be re- jected. This rhe statute commands it to do; and whenever, after a compliance with the statutory prerequisites essential to the valid acceptance of a bid, it has regularly awarded the contract, there spring into existence vested rights which tlie board cannot destroy or impair. It cannot insert into the for- mal written contract any condition not consonant with the con- tract already made by virtue of the acceptance of the bid. (American Lighting Co, v. McCwen, 92 Md. 703, 48 Atl. 352.) In the absence of fraud, accident, and mistake^ or other legal reason sufficient to render the acceptance- void or voidable, the contract resulting therefrom cannot (un- less by mutual consent) be changed or annulled, nor may itvS obligation be impaired, by any act of the board. True, such a contract is subject to the approval of the governor and stat& treasurer (Constitution, Art^ V, Sec 30 ; Section 710, Political Code; StaJte ex rel. State Pub. Ca, v. Hogwn, 22 Mont. 384, 56 Pac. 818 ; State ex rel. State Pub. Co. v. Smith, 23 Mont. 44, 57 Pac. 449), but this is a matter which doe? not concern the members of the board nor give it the right to recall the- acceptance and award. When it has thus regularly di8charge<: the duty imposed upon it by the law, its jurisdiction in respef t of awarding the contract is exhausted ; its discretion was exer- cised and the power further to exercise it is gone. We are 30 State ex kel. R M. F. Co. v. Toole. [Oct T.'Ol aware that there is some conflict of opinion upon this subject, but we think that such must in the nature of things be the rule applicable to boards and officers clothed with specially delegate<l authority and intrusted with limited jurisdiction. Support for these general observations may be found in People ex rel. Hol- ler V. Board of Contract and Apportionment of City of Albany, 2 Howard's Practice Reports (N. S.) 423; People ex rel. I/wnr ney, v. Campbell, 72 New York Reports 496; State ex rel. Whedon v. York County, 13 Nebraska 57 (12 N. W. 817) ; Wren v. Fargo, 2 Oregon 20 ; People ex rel. Coughlin v. Oleor son, 121 Xew York, 631 (25 N. E. 4) ; Boren v. Commissianr ers, 21 Ohio State Reports, 311 ; State ex rel. Coogan v. Bar- bour, 53 Connecticut, 76 (22 Ad. 686, 55 Am. Rep. 65.) The action of the board in attempting to cancel the contract was void unless a cause existed which the law recognizes as sufficient to invalidate the contract We proceed to ascertain whether such cause appears. 3. In behalf of the sttomefj general and the secretary, of state the argument is advanced that the reason stated in the resolution was sufficient to justify the board in reconsidering the motion by which the bid of the plaintiff was adopted anl in canceling the contract thereby created. It is asserted and seriously argued that, conceding the regularity of all the pro- ceedings precedent to the letting of the contract and the validity of the letting^ the board possessed the right to cancel the con- tract upon the ground that the plaintiff 'Vas denominated by the labor unions of the United States as hostile to labor organi- zations and was classed as a scab company.'^ The advertise- ment was silent upon the subject of union labor and non-union companies or persons; it did not pretend to limit the bidding to those who were friendly or indifferent to labor organizations, — if it had done so it would, as we shall see^ have been invalid ; on the contrary the notice was addressed to all persons — ^the invitation to present proposals was general. The proposal of the plaintiff was filed ; the board declared it to be the lowest re- sponsible bidder and awarded the contract to it The plaintiff 26 Mont] State ex eel. E. M. F. Co. v.' Toole. 31 was not guilty of fraud or deceit ; the board was not misled ; it was not induced to let the contract by any misrepresentation whatever ; the bid of the plaintiff was not accepted through any accident or mistake. By what sort of logic do the attorney general and secretary of state attempt to defend their position i Let their answer speak upon this point After reciting that the plaintiff was hostile to labor organizations and was classed as a non-union company, it avers that this "fact, in the judgment of defendants as said state furnishing board, rendered said company liable to be enjoined from carrying out said contract, and on the further grounds that said company was more liable to be unavoidably delayed by strikes and labor troubles than if said contract were let and awarded to a company or person not hostile to labor organizations; that, knowing the attitude of labor organizations towards the relator herein, it was^ probiible and likely that the furnishing and deliveiy of the furniUire and supplies under said contract by said relator would result in great damage and injury to the state, which could not be adequately provided against under the contract The fact that said company was hostile to labor organizations, and having been so classed by them as a non-union company, wa» a reason, in the judgment of the defendants as such state furnishing board, which would affect tiieir responsibility as bidders and render them less responsible and trustworthy than if they were not hostile to labor organizations or classed as a nonunion com- pany. That said fact that said relator was hostile to labor organizations and classed as a nonunion company was not known to the defendants at the time they let and awarded said con- tract to the relator herein." Is it not wasting words to declare the evident and palpable fact that this is not a reason which the law recognizes as a sufficient cause for avoiding the contract? We are not to be imderstood as denying the legal right of the board in good faith but erroneously to award a contract to one who is not in fact the lowest re^)onsible bidder, for we appre- hend the rule in this state to be that the action of the board will be controlled or interfered with only where it clearly appears 32 State'ex eel. R M. F. Co. v. Toole. [Oct T.'Ol that the refusal to award the contract to» the lowest responsible bidder was fraudulent or in bad faith, or was the result of an abuse of discretion (which is equivalent to a failure to exercise discretion) ; that the refusal was merely erroneous is not suffi- cient to justify the issuance of the writ of mandate. Such seems to be the principle underlying the decision in State ex rel. Eaves et al. v. Richards, 16 Montana, 145 (40 Pac. 210, 28 L. R A. 298, 50 Am. St Eep. 476). It may be that the refusal to award a contract to the lowest bidder who is in all respect > responsible, for the sole reason that he is inimical to organized labor and is classed as a nonunion employer, would be arbi- trary, oppressive and unjust conduct, indicating that the b^jard failed to exercise discretion. But however this may be, the rule stated is inapplicable to the case at bar. The action of the defendants must be tested by a more rigid rule, for the board did not refuse to let the contract ; it awarded the contract to the plaintiff, and seventeen days thereafter ordered its cancellation for the alleged reason stated in the resolution of August 28. If a contract was made by the acceptance of the bid, the board was powerless to rescind its action and thereby cancel the con- tract, except for a cause which in the eye of the law, rendered it void or voidable. In this respect it was like a contract be- tween individual persons in which each enters into coven ant^^ with the other, — ^it could not be annulled at the pleasure or caprice of one party alone. Can it be sanely suggest^ by even the most prejudiced man that a private person possesses the legal right to hold for naught a contract to which he is a party because the other party is a person who is inimical to organized labor and is classed as a nonunion employer, the contract being silent on that subject ? Of course the law would not recognize such reason as cause for the annulment of the contract; and equally as a matter of course is the rule the same in the case of contracts between boards and the individual person or cor- poration. In so far as its legal value and force is concerned the reason assigned might as well have been that the plaintiff employed members of labor unions, was therefore inimical to . 26 Mont.] State ex rel. R. M. F. Co. v. Toole. 33 nonunion workingmen, and was classed as a union company; or that the directors of the plaintiff beliefv^ed in the dogma of the infallibility of the Pope and were therefore unfriendly to Protestants, or in the doctrine of transubstantiation and in auricular confession, or were high churchmen and therefore <*lassed as ritualists ; or that they were in sympathy with Eng- land's policy towards Ireland and therefore distasteful to the Fenians ; or were members of a law and order league and hence inimical to anarchists and their sympathiz^rs. In passing we <»bser\'e bv wav of illustration that a contract between private I)ersons may provide that it shall cease to be obligatory or l^e void if either party to it shall employ nonunion men, and the law will permit the provision to have its full force; and so with an inhibition against the hiring of union men and with all otlier stipulations which are not impossible of performance, not im- moral, nor contrary to public policy. A private person seeking proposals may give notice that the bidders must be members of labor organizations or employers of none but union work- men ; the acceptance of a bid made in accordance with the terms of the notice would constitute a contract the conditions whereof will be binding. But the advertisement for proposals and the contract created by the acceptance of a proposal made pursuant thereto to do work or furnish supplies for the state stand upon a different footing. The object of advertising for proposals is • to invite and secure the benefit of competitive bidding. Section 705 of the Political Code prescribes that before any contract is let the board must advertise in two daily newspapers printed in the state, one of which must be printed at the capital, for seale<l proposals to furnish the supplies desired. This court, in State ex rel. Lambert v. Coad, 23 Montana, 131 (57 Pac. 1092), quoted with appi-oval the following language from the opinion of Dement v. Rokker, 126 Illinois, 174 (19 X. E. 33) : *' Letting by contract to the Mowest res|x>nsible bidder' nece*^- sarily implies equal opportrmity to and freedom in all whose interests or inclinations might thus impel them to compete at the bidding. Xo one may be compelled to bid at such a letting. Vol XXVI-3 34 State ex rel. R M. F. Co. v. Toole. [Oct T.'Ol but there must be entire fairness and freedom in competition. * * * The manifest purpose in requiring the contract to be let to ^the lowest responsible bidder' is to protect the stat« against imposition and extortion." A contract entered into by the acceptance of a bid for public work tendered pursuant to an advertisement limiting the right to bid to persons employing or who will in the future employ union labor only, is neces- sarily void ; the advertisement is illegal, for it tends to defeat the very purpose it- was intended by the legislature to subserve. In Adams v. Brerui.7i, 177 Illinois, 194 (52 K K 314, 42 L. R. A. 718, 69 Am. St Rep. 222), the board of education adver- tised for bids for the construction of a roof for an addition to one of the free school buildings, the advertisement containing the following notice: "Xone but union labor shall be employed on any part of the work where such work is classified under any existing union." The bid of one Knisely was accepted, and a contract made containing a provision that none but union labor should be employed by him. A taxpayer filed a bill ask- ing that the contract be declared void and* that the board be enjoined from carrying it out or expending money under it. One of the reasons given in the application to the board for the adoption of the clause respecting the employment of union labor was that it would do away wdth strikes upon school buildings and thereby save the board much annoyance and delay. The syllabi accurately state the conclusions of the court as follows : "(3) Board of education cannot bind itself to give only union men employment. A board of education has no power to agree with the representatives of labor organizations to insert in all its contracts for work upon school buildings a provision that none but union men should be employed in such work, or placed upon its pay rolls. (4) A board of education has no discretion to make contracts restricting competition. That a board of education might have been of the opinion its action was for the public benefit affords no justification for limiting compe- tition among bidders upon school building contracts, by requir- ing them to employ only union men in the work. (5) Stipula- 26 Mont] State ex bel. R. M. F. Co. v. Toole. 35 tion in public contract for employment of union men only is illegal. A provision in a contract for a public school building, which requires the employment of union men only, creates a monopoly in their favor, and restricts competition by prevent- ing contractors from employing any but union men, excluding all others engaged in the same kind of work." The like prin- ciple is the basis of the decision in Staie ex rel. Snyder v. Port- land Natural Gas & OH Co., 153 Indiana, 483 (53 N. E. 1089, 74 Am. St. Rep. 314). Although the reason given, at the time of the attempted can- cellation is not recognized by the law as valid, yet if there is cause sufficient to render the contract void it mav be shown. The defendants are not estopped to urge other defenses. An absolutely void contract cannot be made valid by the failure of public officers to object to it upon the proper ground. There is no need of precedents to sustain this statement. Staie ex reh Leech v. Board of Canvassers of Chateau Co., 13 Montana, 23, (31 Pac. 879), is not exactly in point. The case of Newell v. Meyendorff, 9 Montana, 254 (23 Pac. 333, 8 L. R. A. 440, 18 Am. St Rep. 738), is not pertinent. 4. Was the advertisement inviting proposals published ac- cording to law ? It was inserted in the Helena Independent, a daily newspaper published at the seat of government, where it ran for twenty days prior to the time^when the bids were opened and compared ; but it was not printed in any other news- paper within the state. Section 705 of the Political Code reads as follows: "Before any contract is let, the board must adver- tise for twenty days in two daily newspapers printed in the state, one of which must be published at the seat of government, for sealed proposals jto furnish any and all the supplies men- tioned in the next preceding section." The advertisement ap- peared in but one paper printed in the state, and hence the sec- tion was not complied with. Where advertising for bids is n statutory requirement, the law is that neither the municipality nor its agents can make a contract binding upon it without compliance with the formalities so prescribed. "Bids need not 36 State ex rel. K. M. F. Co. v. Toole. [Oct. T.'Ol be called for unless the statute requires it ; but if notice, adver- tising and similar preliminaries are required, a contract entered into without attention to these preliminaries will be held in- valid. * * * Xhe same rule applies to the letting of con- tracts on behalf of the state and, before a contract can become valid and binding upon the state, the statutory formalities must be complied with.'' (State ex rel. Lambert v. Coad, 23 Montana, 131, 57 Pac. 1092, and cases there cited.) The only argu- ment advanced by the plaintiff against this objection to the contract is that Section 705 conflicts with Section 30 of Article V of the state Constitution, which ordains that "all stationery, printing, paper, fuel and lights used in the legislative and other departments of government, shall be furnished, and the print- ing, and binding and distribution of the laws, journals and de- partment reports and other printing and binding, and the re- pairing and furnishing the halls and rooms used for the meet- ing of the legislative assembly and its committees shall be per- formed under contract, to be given to the lowest responsible bidder below such maximum price and under such regulations as may be prescribed by law." Counsel for the plaintiff argue that the legislative assembly had no power to require the \)\iL- lication of the advertisement to be made in any newspaper other than the Helena Independent, the proprietor of which had the contract for the public printing, and that the publication of the advertisement in that newspaper constituted a compliance with the law. The position of counsel is untenable. It is ap- ])arent to us that advertisements for proposals are not public printing, within the language or spirit of Section 30, — a con- tract for advertising for proposals to furnish supplies^ is not required to be let as a printing contract to the lowest responsible bidder; in other words, within the purview and intent of Sec- tion 30, an advertisement inviting bids is not printing, the con- tract for which must be let to the lowest responsible bidder ; a contract for doing the printing mentioned in Section 30 does not include advertisements for bids. In the absence of a con- stitutional inhibition the legislative assembly has the right to 26 Mont] Jordan et al. v. Andrus et al. 37 prescribe the manner of giving notice for proposals to furnish supplies. It has done so by Section 705, which requires that the state furnishing board must advertise for such proposals in two daily newspapers printed in the state, one of which must be printed at the capital. This section is in no wise repugnant to the constitution. For the reason that the advertisement for proixisals was not published in accordance with the requirements of Section 705 of the Political Code, the alternative writ is quashed and the proceeding is dismissed, at the costs of the plaintiff. Let judg- ment be entered accordingly. Writ quashed and proceeding dismissed. JORDAX ET AL., Appellants, v, AXDKU S et x\l.. Respondents. (No. 1,705.) On Motion to Dismiss Appeal. (Submitted October 28, 1901. Decided October 28, 1901.) Appeal and Error — Trayxscript — PHivting — Rules of Court — Constitutional Law — Judicial Departineni — Legislative Regulation, Under Constltation, Art. VIII, Sees. 2, 3, 15, giylng the supreme court appellate jurisdiction of all cases in law and equity, subject to such limitations and regulations as may be prescribed by law, and giving the legislature power to prescribe regulations and limitations, and declaring that writs of error and appeals shall be allowed from the decisions of the district court to the supreme court, under such regulations as may be prescribed by law, the. legislature had no power to regulate the physical form of the pleadings and instruments to be filed with the supreme court; and the act of March 9, 1901, known as "Senate Bill 101, •* providing that transcripts on appeal may be printed or typewritten, at the election of the appellant, is Invalid. 36 126 26 37 45 «1 26 f86 4 ^fl 87 39 169 Appeal from District Court, Custer County; C. H. Loud, Judge, 38 Jordan et al. v. Andrus et al. [Oct. T.'Ol Proceedings by W. A. Jordan and others against W. W. Andrus and others. From a judgment in defendants' favor, plaintiffs appeal. Dismissed. Messrs. Strevell £ Porter and Mr. Oeo. W. Farr, for Appel- lants. Mr. 0. W. Myers and Mr. Sidney Sanner, for Eespondents. ME. JUSTICE MILBURN delivered the opinion of tho court. This cause is before the court upon the motion of the respond- ents to dismiss the appeal upon the grounds: '*(!) That the transcript on appeal herein by the said appellants is not printed, nor made upon paper ten inches long by seven inches wide, nor are the typewritten pages thereof seven and one-half inches long by three and one-half inches wide, nor is said transcript otherwise or at all made in conformity with Subdivision 1 of Rule VI of this court. (2) That said transcript on appeal is not in conformity with Subdivision 1 of Rule VII of this court in this: that the cover thereof does not state the title of this court or of said cause, or otherwise or at all conform to said rule in relation to covers in transcripts on appeal. (3) That said transcript is made out in a slovenly manner. * * * (4) That the order of the district court from which this appeal is taken or sought to be taken, to-wit, the order made and en- tered July 16, 1901, dissolving and vacating the temporary restraining order theretofore made in this action, is not an ap- j>ealable order, within the meaning of Sections 1722 and 1723 of the Code of Civil Procedure, as amended February 28, 1899, and an appeal does not lie from said order to this court.'' . The transcipt is typewritten. Subdivision 1 of Rule VI re- quires transcripts to be printed. Is the rule abrogated and an- nulled by the x\ct of the legislature approved March 9, 1901, known as ''Senate Bill 101" (Laws of 1901, page 161), and providing that all transcripts, documents and papers filed in 26 Mont] Jordan et al. t?. Andeus et ai*. 39 the supreme court in connection witli any appeal taken and mentioned in the chapter in the Code of Civil Procedure upon appeals in civil actions may be printed or typewritten, at the election of the appellant ? If the Act is within the powers of the legislature, then the rule of this court opposed to it is null, and the motion to dismiss the appeal must be denied, so far as the first ground is concerned. This particular question is not treated of in any opinion of any court to which we have been referred, or by any of the learned writers, many of whose works we have examined. The constitution of this state vests the powers of government in three different and distinct departments, — ^the legislative, the executive^ and the judicial. It is not necessary to quote from the multitudinous authorities supporting the proposition that it is not lawful for any department, or officer thereof, to interfere with the power of any other department. It is suffi- cient to refer to the constitution (Article IV, Sec. 1) and to State ex rel State Pvb. Co. v. Smith, 23 Mont. 44, 5Y Pac. 449. Section 3 of Article VIII of the Constitution of this state declares that "the appellate jurisdiction of the supreme court shall extend to all cases at law and in equity, subject, however, to such limitations and regulations as may be prescribed by law." Section 2 of the same article also gives the legislature power to subject the appellate jurisdiction to "regulations" and "limitations;" and Section 15 of the article is as follows: "Writs of error and appeals shall be allowed from the decisions of the said district courts to the supreme court under such regu- lations as may be prescribed by law." What is meant by "limitations" and "regulations?'' The words in their ordinary sense are easily understood to mean what they in legal parlance, respectively, imply, to-wit, restric- tions of power and rules of conduct or proceeding. The matter of this rule need not be treate<l as in any wise affected by the power of the legislature to establish limitations to jurisdiction. Its power to make rules of conduct or proceeding (that is, rules of procedure and practice) is all that can be considered on this 40 Jordan et al. v. Axdrus et ai-. [Oct. T/01 motion. The question is, has the legislature the authority un- der the constitution, after having enacted a Code of Civil Pro- cedure, including a chapter establishing the procedure and practice in the matter of appeals to the supreme court, to dic- tate to the supreme court as to the very physical substance of the pleadings and other instruments which it may be necessarj" for the justices to handle, read and study in their deliberations after the cause is submitted ? What style of typewriter would the legislature permit the appellant to use i What size of type i How close shall the lines be ? How thick is to be the paper i How small or large shall the pages be i What sort of ink shall the operator use in pre- paring the papers, — record or copying^ How skillful in the use of the machine shall the typewriting oj^erator be? If the legislature has the power to dictate as to carbon copies of tran- scripts to l)e used on appeal, why has not the legislature the power, under the constitution, to force the justices to read, study and handle^ during its deliberations, sometimes extending through a long ])eriod of time, papers prei>ared upon tissue paper, with machines making faint impressions from small type, and with such ink or carbon that they will he annoying, inconvenient, untidy and soon indecipherable^ Could a regu- lation such as that last above suggested be within the powers of the legislature to regulate the procedure and practice on appeal to the supreme court? If not, then we cannot see how any regulation of any character dictating to our department of the state government what kind of ink or other material substance shall be used, or how the ink shall be put on, in the manufac- turing of the pleadings and papers to be handled and perused by the justices, can l>e valid. ^Miglit not the legislature go far- ther, and permit the appellant to use a \)en instead of a type- writer ? Power to dictate to this department of government as to the use of tv|>ewritten transcripts includes tlie right to order us to struggle through a mass of penwritten transcripts and all other records and papers, including briefs.. Wherein would such acts be within the ix>wer of the legis- I 2(5 Mont.] Jordan et al. v. Andrus et al. 41 latiire, as a ''regulation" of the appellate jurisdiction of this court i Would it not be simply and only an obstruction put in the way of the court, and interfering with its deliberations upon a cause or matter after its submission, and of which it has ac- quired jurisdiction under the constitution and the laws defin- ing, limiting and establishing its ix)wers, and under the lawful procedure and practice through and hj means of which the litigants had presented their several contentions to the court? We think it would be an illegal attempt to interfere with the oi:)erations of the judiciary in the performance of its duties after it had acquired jurisdiction. It is doubtless true that the legislature has jx^wer by "regu- lations" to estiiblish the procedure in civil and criminal cases (that is, the steps to be taken by the parties in an action or other legal proceeding before this court), so far as such pro- cedure does not amoimt to a denial of justice, and has power to declare by law what shall bo the practice on appeal (that is to say, to fix the form, manner and order of conducting and car- rj'ing on causes through their various stages according to the principles of law) ; but wo cannot see how the power to make regulations (that is, to establish procedure and practice) in- cludes the power to int<?rfere with the discretion of this court in saying that the instruments filed for the reading of the justices of the court shall be printed and upon certain sized pa])er, to the end that causes may be conveniently heard and disposed of, and not delayed by the necessity of handling and reading papers which are inconvenient in shape and condition. To admit power in the legislature to annul the rule referred to, and to permit the appellant, at his option,- to compel the justices, desiroiis to learn the facts and to consider the points of counsel, to labor through a mass of carbon copies of type- written matter, is as imwarranted as to admit that the legisla- ture has power to authorize counsel, w'ithout the consent of court, to submit their causes without argument, oral or printed. To require transcripts to be printed is to regulate the manner of hearing and considering, and does not interfere with any 42 Jordan et al. v. Andbus et jlL. [Oct. T.'Oi right of the appellant to take and perfect his appeal, or to take or to omit any step in procedure, or to alter the practice ; that is, the form, manner or order of conducting his appeal. The rule is only a declaration on the part of the court that, in doing its share of the labor in connection with the appeal, it must have the papers of such material substance, style and size that the justices may not have their labors increased beyond what they should be. Under the federal constitution the Supreme Court of the United States has appellate jurisdiction "under such regula- tions as the congress shall make." Is there a single lawyer in the world who believes that the latter-named court would recog- nize as valid an Act of congress such as our Senate Bill Xo. 101 ? If the answer to this question is "Xo," as it must be, then by what process of reasoning can we hold this Act of our legislature as binding upon this court ? Mr. Justice Field, of the Supreme Couirt of the United States, in 1859, when a justice of the Supreme Court of Cali- fornia, in Houston v. Williams, 13 Cal. 24, 73 Am. Dec 565, speaking of an Act amending the Practice Act, and requiring the opinion of the court to be given in writing, said : "If the power of the l^slature to prescribe the mode and manner in which the judiciary shall discharge their official duties be once recognized, there will be no limit to the dependence of the latter. If the legislature can require the reasons of our decisions to be stated in writing, it can forbid their statement in writing, and c^nforce their oral announcement, or prescribe the paper upon which tliev shall be written, and the ink which shall be used. And yet no sai;ie man will justify any such absurd pretension. But where is the limit to this power if its exercise in any par- ticular be admitted ? The truth is, no such jx)wer can exist ia the legislative department, or be sanctioneil by any court which has the least respect for its own dignity and independence. In its own sphere of duties, this court cannot be trammeled by any legislative restrictions.'' This opinion of the learned justice lias never been adversely criticised by any court or by any law- book writer, so far as we have been advised. 26 Mont] Jordan et al. v. Andbus et al. 43 It is true that the California constitution did not, in 1859 give the legislature power to make such regulations as are pro- vided for in our constitution, but, in view of the inherent powers of our court, which we do not believe the constitution takes away and reposes in the legislature, we think the language of Justice Field appropriate to the matter before us ; and we can reasonably believe that the Supreme Court of the United States would adopt the words and thoughts of Mr. Justice Field if congress should assume to act under the powers conferred by the constitution, and should enact a statute similar to our Sen- ate BOl No. 101. Although the cases were not upon facts identical with those in the case at bar, yet the views expressed by the court of In- diana in In re Petition of Leach, 134 Ind. 665, 34 N. E. 641, 21 L. R. A. 701, and by the Supreme Court of Illinois in In re Application of Day, 181 111. 73, 54 K E. 646, 50 L. E. A. 519, go far to support! what we have said above as to the inherent powers of this court, which are beyond the power of the legis- lature to control. In the latter case it was held that a statute overriding the rules of the court respecting the admission of attorneys, by requiring the admission of any person who began to study law before a specified time, provided he has obtained a diploma from a law school in the state after a specified period of attendance, or has passed a satisfactory examination before an examining board after a prescribed course of study, is an tinconstitutional assumption of power properly belonging to the courts. Senate Bill No. 101 is unconstitutional and of no binding force upon this court. Examination of the transcript shows that there is nothing in the second ground of the motion. As to the third point, it is sufficient to say that the inter- lineations and general appearance complained of are very- ap- parent, and are such as will not appear in a printed transcript ; but, on account of the fact that the appeal is to be dismissed upon the first ground of the motion, it is not necessary to say more as to this^ the third ground. 44 MiciiENEK V. Fransham. [Oct. T.'Ol The fourth ground is not teni^le. The order appealed from is not one dissolving a mere restraining order, but one refusing an injunction pendente lite, and is appealable. The case of Weizsteiw v. Boston & Montana C. C. & S. Mining Co. 25 Mont. 136, 63 Pac. 1048, does not apply, except so far as it shows the difference between a restraining order and an injunc- tion pendente lite. As appellants in good faith complied with the Act which at- tempts to grant the privilege of filing typewritten transcripts with carbon copies, they should not be called upon to suffer the loss of all opportimity to appeal. Therefore this appeal is dismissed without prejudice to a mo tion to reinstate if a transcript be prepared, served and filed in accordance with liules VI and IX of this court within sixlv davs from this date. Dismissed. MICIIEXEK, Respondent, v. FRAXSHAM, Appet.laxt. (No. 1,703.) On Motion to Dismiss Appeal. (Submitted October 28, 1901. Decided October 28, 1.001.) For syllabus, see Jordan tt al. v. Andrus et al., ante p. 87. Appeal from Distiict Covrt, Gallatin County; Henry C. Smith, Judge. Action by Thomas Michener against W. J. Fransham, sheriff of Gallatin county. From a judgment in favor cf plaintiff and from an order denying a new trial, defendant appealed. Motion to dismiss appeal. Granted. 26 Mont.] Shadville v. Barker et al. 45 Messrs. Luce & Lace, for Appellant. Mr. Eugene B. Hoffman, for Respondent. ME. JUSTICE MILBURN delivered the opinion of the court. For the reason set out in the opinion this day filed in the ease of W. A. Jordan et al. v. W. W. Andrus et al. {ante page Sly 66 Pac. 502), the^ motion to dismiss this appeal, upon the ground that the transcript is not printed as it should have been in Accordance with Rule VI, is granted and the appeal is dis- missed, without prejudice to a motion to reinstate if appellant shall prepare, file and serve a printed transcript in accordance with the requirements of Rules VI and IX of this court, withi'i. sixty days from this date. Appeal dismissed. SHADVILLE, Appellant, v. BARKER et al.. Respondents. (No. 1.727.) On Motion to Dismiss Appeals. (Submitted October 28, 1901. Decided October 29, 1901.) Appeal — Timie of Filing Transcript-^— Laches — Defective Au- thentication of Transcript — Dismissal. Under Supreme Court Rule IV, Subdivision 2, an appeal will be dismissed where appellant is guilty of laches in not filing the transcript with the clerk of the supreme court within 60 days after the appeal was perfected. On Rehearing. 1. Where on appeal the transcript prepared and certified by the clerk is de- fective for failure^ to comply with the rules, and appellant's counsel pre- pares a corrected transcript, and, instead of having the clerk certify there- to as required by Code of Civil Procedure, Sec. 1739, detaches the certificate 46 Shadville v. Babxeb bt ai*. [Oct T/01 from the defective transcript and attaches It to the corrected one» without the knowledge or authority of the clerk, such transcript cannot be con- sidered. 2. Under Code of Civil Procedare, Sec. 1905, and Political Code, Bee. 4636, providing that transcripts on appeal must be certified by the clerk, under seal, after comparison with the original fllea, no other method of authenti- cation is lawful. Appeal from District Court, Cascade County; J. B. Leslie, Judge. Action by Ida May Shadville against Marcella S. Barker and another, h^irs of Edwin J. Barker, deceased. From a judg- ment in favor of defendants, and from an order denying a new trial, plaintiff appeals. Appeals dismissed on motion. Mr. Robert B. Smith, Mr. F. H. Gould and Mr. W. H. Alford, for Appellant Mr. William G. Downing and Mr. Thom^as C. Brady, for Respondents. ]MR. CHIEF JUSTICE BRAXTLY delivered the opinion of the court. Motion to dismiss the appeals herein from the judgment and an order denying a new trial on the ground that the transcript was not filed with the clerk of this court within sixty days after the appeals were perfected, as required by Subdivision 2 of Rule IV of the rules of this court. From the papers filed in support of the motion it appears that the appeals were perfected on August 3, 1901. The motion to dismiss was filed on October 8. The typewritten transcript was lodged with the clerk on October 22. This was fuTnishe<l to counsel for the appellant, upon demand, not later than Sep- tember 11, or twenty-seven days prior to the filing of the mo- tion. Counsel for appellant attempt to excuse their neglect to lodge the same with the clerk of this court within the prescribed time, on the ground that the original copy furnished by the clerk of the district court was not prepared in conformity witli. 26 Mont.] Shadville v. Barker et ai.. 47 the rules of this court as to form and contents, and that the fault lies with that oflBcer, and not with them. It appears, how- ever, that though, at the time they received the transcript from the clerk, on September 11, they still had eighteen days within which to have the transcript corrected, and to comply with the rule, they failed and neglected to do so ; for it appears that at no time thereafter did they demand of the clerk that he correct the copy furnished, or prepare and furnish one meeting the requireme;Dts of the rule of this coiirt as to form and contents. Xor have they yet done so, as they admit that the transcript now in the hands of the clerk of this court is the defective copy originally furnished them by the clerk of the district court. While the rule invoked by respondents provides that, if the de- lay in filing the transcript has been without laches on the part of the appellant, his appeal will not be dismissed for such delay until a reasonable time has been allowed for filing it, no such sufficient excuse has been rendered in this case whv the iienaltv should not be inflicted. It is therefore ordered that the appeals be dismissed. Dismissed. On Kehearinq. (Decided December 2, 1901.) MR. CHIEF JUSTICE BRA:N^TLY delivered the opinion of the court (>n October 29 of this year the appeals herein were dismissed, on motion of respondents, on the ground that the transcript had not been filed in this court within the sixty days prescribed by Subdivision 2 of Rule IV of the rules of this court. Subsequently appellant was granted a rehearing upon the suggestion of her counsel that the court had been mistaken in concluding that the transcript filed pending the motion is imperfect It was further urged in support of thq application for a rehearing that it appeared from the afii- 48 Shadvil-le v. Barker et al. [Oct. T.'Oi davit of Eobert B. Smith, Esq., one of appellant's counsel, that the appellant is a poof person, and f oo* this reason had not been able to procure funds sufficient to pay for a corrected transcript in time to enable her to comply Adth the rule, and that the mo- tion should have been denied on this ground. Upon a further examination of the transcript in the light of the brief of appel- lant's counsel, and an affidavit of the clerk of the district court filed in opposition to the rehearing, we find that we were in error in concluding that the copy on file in this court is the same "defective coi>y originally furnished" counsel by the clerk of the district court. In this particular we were misled by the fact that the certificate of the clerk attached bears the same date as that attached to the original copy. After the adoption of the present rule, requiring transcripts in civil cases to be printed (Rule VI, Subdivision 1, 22 Mont, xxvii, 57 Pac. vi), and until the passage of the Act of the legislature known as "Senate Bill No. 101" (Session Laws of 1901, p. 161), by which it was sought to abrogate the rule, appellants had often, and perhaps usually, employed the clerk of this court to have printed and to serve copies of transcripts, under the provisions of Rule IX. In such cases the typewritten copy had been prepared in conformity with Subdivision 2 of Rule VI, applicable to criminal cases. Upon the passage of that Act, and until it was declared of no binding force upon this court (Jordan et al. v. AndruaetaL^ 26 Mont. 37, 66 Pac. 502), appellants ceased to observe the rule as to printing, and, there being no other rule to guide them in civil cases, have fol- lowed the rule applicable to criminal cases. In the preparation of the transcript in the present case the clerk of the district court failed to observe this riile, as well as the provisions if Rule VII, toucliing the title page, arrangement, etc. ; and coun- sel insist that the delay in filing it was caused by the necessity thus cast upon appellant of having the transcript rewritten, and her difficulty in obtaining funds to pay for the necessary work. Were these the only matters to be considered on this motion, we mighty perhaps (though we do not wish to be understood as 26 Mont] Shadville v. Babkbb bt ai^. 49 80 deciding at this time), sustain the contention of counsel, and retain the appeals, upon condition that the transcript be printed, in compliance with the rule on that subject, within a reasonable time. It appears, however, that when counsel had caused the transcript to be rewritten they n^lected to have it certified as correct by the clerk of the district court, or by attorneys in the cause, as is required by Section 1739 of the Code of Civil Pro- cedure. Instead of doing this, some one of counsel, or the ste- nographer employed by them, detached the certificate of the . clerk from the copy furnished by him in the first instance, and attached it to the rewritten copy. This was done without the knowledge of the clerk, and without his authority, as is made nianifest by the aflSdavit of the clerk, the date of the certificate, and the admission of counsel in their brief. The appeals must therefore be dismissed on the ground that no sufficient excuse has been made to appear why the transcript has not been filed under the rule. The paper lodged with the clerk cannot be con- sideied as a proper transcript, for the reason that it is not authenticated. The use by counsel or their stenographer of the certificate made by the clerk to the original copy is wholly anwarranted, and has no more force as an evidence of authenti- cation by the clerk than if it were the certificate of a stranger. It was an authentication of the original copy, but cannot be regarded as of any force when attached to a copy not made by the clerk, and never seen nor compared by him with the record in hib ofiice. Counsel have filed as a part of their showing in opposition to the motion a carbon copy of the original transcript made out by the clerk, and ask this court to determine by com- parison whether the copy prepared by themselves is correct This we may not do, because this would be an unwarranted assumption on our part of the duties which have been assigned by law to the cleik, and which can lawfully be done by him only. Under the provisions of Section 1739 of the Code of Civil Procedure, supra, and Section 4636 of the Political Code, transcripts may be prepared by the parties or their counsel, but the authentication must be made by the clerk, after a comparison Vol.. XXVI-4 26 60 33 6 50 Hahit v. James bt ai.. [Oct T/OI of them with the original files, by his certificate under the seal of the district court. He, and he only, in the absence of the stipulation of counsel authorized by Section 1739 of the Code of Civil Procedure, supra, can furnish to this court the lawful evidence of their correctness, and it is only to his certificate made and attached to the particular copy that we may look. Nothing said by us herein is intended to reflect in any man- ner upon the moral integrity of counsel for appellant, or of any one of them, on account of their unauthorized use of the cer- tificate and seal of the clerk. It is apparent from the state- ments of counsel that they were of the opinion that their use of the old certificate was legitimate. With this, however, we can* not agree. While, therefore, we do not, upon the record before us, impute to them any intention to deceive this court or to perpetrate a fraud upon it, we must characterize the practice indulged in this case, to whomsoever it may be chargeable, as reprehensible At the same time, we must visit upon them and their client the penalty of dismissing the appeals* herein for failure to comply with the rule. Dismissed. HAHN, Respondent, v. JAMES et al.. Appellants. (No. 1,587.) 9 (Submitted October 28, 1901. Decided Octobec 20, 1901.) Appeal — Undertahing on Appeal — Failure to FUe — Subsequent Filing in Supreme Court — Sufficiency. Code of Civil Procedure, Sec. 1740, providing tDat no appeal shall be dismisaed for insufficiency of the undertaking, if a good undertaking approved by a Justice of the supreme court be filed t>efore the hearing on motion to dis- miss the appeal, refers only to a case where an insufficient undertaking has been filed in trial court, and does not embrace a case where no undertaking whatever has been filed within the time limited by law. 26 Mont] Hahi? v. Jamss xt ax. 51 Appeal from Distinct Oaurty Deer Lodge County; Welling Napton, Judge. Action by Frank H^hn against John W. Jamefi and Leon Beaudry. From a judgment in favor of plaintiff^ and from an order denying a motion for a new trial, defendants appeal. Motion to dismiss the appeal from the order denying a new trial. Motion granted. • Messrs. Walsh & James, for Appellants. Mr. N. P. Napton, for Bespondent MR. JUSTICE PIGOTT delivered the opinion of the court The respondent moves the dismissal of the purported appeal from the order denying the motion for a n^w trial for the reason that an undertaking to effectuate the appeal was not filed with the clerk of the district court wherein the action was tried. From the record it appears that on February 21, 1900, the ap- pellants filed and served their notice of appeal from a judgment entered September 30, 1899, and from an order denying their motion for a new trial, entered February 7, 1900, and that they fikd an undertaking to perfect the appeal from the judgment. The undertaking made no reference whatever to the order refusing a new trial, nor has there been filed with the clerk jt the court below any undertaking on appeal from such order. It does not appear that a deposit was made in lieu of the under- taking required, nor is it shown that the respondent waived the giving of 5uch an undertaking. In the absence of a waiver or of a deposit of money, to perfect an appeal the undertaking must be filed within the time limited by the statute ; an omission in this regard renders die attempted appeal wholly ineffectual. {Hiiies v. Carl, 22 Mont. 501, 57 Pac. 88.) Upon the authority of Hurley v. O'Neill^ 24 Mon- tana, 293, 61 Pacific Reporter, 658, the motion must be granted. On October 18, 1901, and before the hearing upon this mo- tion, the appellants filed with the clerk of this court an under- 2T HM 52 State t;, Shadwbll. [Oct T.'Ol taking on appeal from the order denying a new trial, approved by the chief justice; and the appellants suggest that the motion should therefore be denied. Section 1740 of the Code of Civil Procedure provides that "no appeal can be dismissed for in- sufficiency of the undertaking thereon, if a good and sufficient undertaking approved by a justice o? the supreme court, be filed in the supreme court before the hearing upon motion tO dismiss the appeal" This section permits a new undertaking to be approved and filed when one was filed in the court below which is, or is deemed to be, insufficient, and has no reference to cases where there was no undertaking filed or where the undertaking was for any reason void. To allow the undertaking which was filed on October 18 to perform the function of an undertaking which should have been, but was not, filed in the court below, would be to permit an appeal to be effectuated after the time prescribed by statute. In respect of this matter the case is governed by Creeh v. Bozeman Waterworks Co., 22 Montana, 327, 330, 56 Pacific Reporter, 362. The appeal from the order denying the motion for a new trial is dismissed for want of jurisdiction. Dismissed. 26 5a| fS6 49^ 38 STATE, Respondent, v. SHADWELL, Appbulant. :». (No. 1,685.) (Submitted October 3, 901. Decided NoTember 4^ 19QL) 38 »'»"*' 57ui Criminal Law — Homicide — Self-Defense — Evidence — Previotis Threats — Instructions — Presimiption — Appeal — Pres- ervation of Error. 1. Where, on a trial for murder, in which the accused pleaded self-defenae, it was shown that the deceased liad preyiously threatened the accused, an instructien directing the jury to disregard such prior tlireats unless the accused at the time of the killing was actually assailed, or belieTed he was in great bodily danger, was erroneous. 26 Mont] Static Vi Shadwxxl^ 5^ 2. On a prosecution for murder, where the defendant pleaded self-defense, the court Instructed that threats by the deceased against the defendant should not be considered unless the defendant was actually assailed, or believed. 4ie was in great bodily danger. This instruction was followed by another^ authorizing me consideration of any threats the deceased may haye made against the defendant, to enable the Jury to determine defendant's acts or the deceaseds motiyes. Held, that the instructions were conflicting* and constituted reyersible error. 3. An error is presumptiyely prejudicial to the d^eated party, and the pre- sumption is rebutted only when it appears that it either was not or could noc haye been injurious 4. Where there was eyidence tending to show defendant guilty of murder in the first degree, of murder in the second degree, and of manslaughter, it is the duty of the court to instruct explicitly that a verdict for manslaughter may be returned, manslaughter not being a degree of murder. 6. The fact that the accused endeavored to show that the killing was done in self-defense does not render an instruction authorizing a conviction of man- slaughter unnecessary. 6. On a second trial for murder it was not error to read the testimony of a deceased witness, including an erroneous ruling of the court on the evidence, where no objection to the reading of the ruling was raised at the time. 7. Errors not excepted to in the court* below cannot be reviewed on appeal. Appeal from District Court, Silver Bom Gomvly; William Clancy y Judge. G. R. Shadwell waa convicted of murder of the second de- gree, and he appeals. Beversed. Mr. B. 8. Thresher, for Appellant Mr. James Donovan, Attorney General, for the State. MR JUSTICE PIGOTT delivered the opinion of the court This case is now before the court for the second time. Upon the first appeal the defendant, who had been convicted of mur- der of the first degree, was granted a new trial. The opinion is i-eported in State v. Shadwell, 22 Montana 559, 57 Pacific Reporter 281. The result of the second trial was a verdict of guilty of murder of the second degree, followed by a judgment sentencing the defendant to life imprisonment. From the judg- ment and from an order refusing a new trial the defendant ap- peals. The evidence adduced upon the second trial was much the same as that received upon the first trial, the statement of which is made in the former opinion. U State v. Shaowb!.!-. [Oct T/Ot 1. There was evidence tending to prove that two or three dajB before the fatal encounter O'Connor, the deoedent, had applied vile epithets to the def endant^ at the same time telling him that if he did not cut the cards right he would kill him, the manner, tone of voice and conduct of the decedent being threat- enii'g; that a few minutes before the fatal shot was fired the decedent threatened to put the defendant "where they don't play cards, and break a chair over your (the defendant's) head ;" that either on the night of the homicide or on the day before, the decedent told on^ Hammer that he would take a chair and beat the defendant to death, which threat was not communi- cated by Hammer to the defendant There was evidence tend- ing to prove also that the defendant, at the time he killed the decedent was acting in selfniefense, as well as evidence the ten- dency of which was to the contrary. The court gave the following instruction: "(26) The court instructs the jury that no threats or menaces made by the de- ceased, O'Connor, against the defendant, Shadwell, can avail the defendant unless he, at the time of the killing, was actually assailed, or had sufficient evidence to convince any reasonable person that he was in danger of incurring great bodily injury or of losing his life at the hands of the deceased. Whatever threats may have been made by the deceased, they cannot be of avail to the defendant, unless at the time of the killing some- thing was done that would induce a reasonable man to suppose te was in danger of great bodily harm or of losing his life. All antecedent threats are dependent upon the facts at the time of the killing, and, in order to justify the homicide, it must ap- pear that at the time of the killing there was some action which would induce a reasonable man to believe that he was in danger of great bodily harm or of losing Ms life." This instruction, the defendant insists, is an erroneous state- meiDt of the law as applicable to the evidence, and that it is in conflict with instruction No. 27. We must sustain the conten- tion. The instruction quoted virtually directed the jury to dis- regard all prior threats of the decedent against the defendant SCMont] Statbv. Shadwisll. S5 unless something was done, or some action tak^ by the deoe* dent which would induce a reasonable man to believe himself in danger of great bodily harm or of losing his life; that the conduct of the decedent at tlie time of the killing must, of itself and independently of the antecedent threats, have been sufficient to convince a reasonable person that he was in danger of great bodily harm or of losing his life at the hands of the decedent. It told the jury, in effect, that the threats were not pertinent to the consideration of the question whether or not the defendant was actually assailed or as a reasonable man believed himself in danger of great bodily injury or in peril of life at the hands of the decedent; — in other words, that the prior threats of the decedent were not to be considered unless and until the evidence disclosed that the homicide was committed in necessary self- defense, for, if at the time of the killing the defendant ^Tiad sufficient evidence to convince any reasonable person that he was in danger of incurring great bodily injury or of losing his life at the hands of the deceased," and acted upon such convi'> tion, the homicide was justifiable under Sections 361 and 362 of the Penal Coda It seems clear that the instruction at- tempted to withdraw from the jury the right to consider ante- cedent threats until their duty required a verdict of acquittal, in which case evidence of threats could perform no function whatever. Such is not the law. Evidence of threats made by the decedent against the defendant, and communicated to him, was admissible in the latter's favor as tending to characterize the acts and conduct of the decedent and of the defendant at the time of the killing, and such threats (if made) should have been taken into consideration by the jury in order that they might correctly decide whether the defendant had reason to believe himself in imminent danger of great personal harm or of losing his life; in other words, evidence of the prior threats should be considered with, not apart from, the conduct and acts of the decedent (as well as of the defendant) at the time of the homicide. Evidence of communicated threats of the decedent was admissible in favor of the defendant because of its tendency S6 State v. Shadwbix. [Oct T/01 to show the state of mind of the defendant and of the decedent, and as illustrating the motives, intention and conduct of each at the time of the homicide. With reference to evidence tend- ing to prove prior conmiunicated threats of the decedent, the former opinion in this case contains the following language: "Now, in probing that motive, to ascertain whether he was prompted by malice, and acted maliciously, or whether he be* lieved he was in danger of great bodily harm at the hands of the deceased during the movements of the two at the card table, just before and at the time of the killing, it was competent to prove previous threats of violence made towards defendant by O^Connor, as tending to show a cause for the belief Shadwell say8 he entertained that he was in great danger of receiving harm from O'Connor at the time that he fired at him and killed him." Threats of the decedent against the defendant which had not been communicated to the latter, were admissible for the purpose of indicating or tending to show that the decedent brought on the conflict or was the aggressor or assailant, and that the defendant acted in necessary self-defense, — evidence of such unoommunicated threats was relevant as tending to shed light upon or show the intention and animus of the decedent and to characterize his conduct. While prior threats of the decedent against the defendant, whether conmiunicated or noi;, are inadmissible in justification unless at the time of the killing the decedent indicated by his conduct an intention to carry them into execution (Territory v. Campbell, 9 Montana 16, 22 Pacific Reporter 121 ; State v. Hail 9 Nev. 58), evidence that they were made is relevant and material wherever there is any evidence tending to show such conduct or to prove that the decedent was the assailant at the time of the homicide; — ^to express it in another form : To justify the homicide in a case like the one at bar, there must be such overt act or such mani- festation of present purpose on the part of the decedent to exe- cute the threat as to induce a reasonable belief in the defendant that he will suffer great personal injury or lose his life unless he at once defend himself, and in the effort to determine 36 Mont] Stats tr. Shadwell. 5T whether, under all the circumstancea taken together, there was an overt act or manifestation, sufficient to induce such belief in the defendant, evidence of previous communicated threats of the decedent must be considered by the jury ; and previous un- communicated threats of the decedent against the defendant are admissible as evidence of the decedent's animus, where a con- troversy exists as to who was the assailant, or as to whether overt acts were then committed by the decedent which were sufficient to create in the mind of the defendant a reasonable fear that he was in imminent danger of suffering great bodily harm or of losing his life at the hands of the decedent, — as we have already said, in effect, evidence of such uncommunicated threats should be considered as tending to show the state of mind and intent of the decedent, and whether he was the aggressor at the time of the homicide, and, if he was the aggressor, as tending to characterize his overt acts and throw light upon the question whether they were sufficient to justify the killing. Instruction No. 26 conflicts with instruction No. 27. The latter instruction reads thus: "The jury are instructed that they may take into consideration, in arriving at their verdict any threats that the deceased may have made against the de- fendant if they believe such threats were made^ for the purpose of enabling them to arrive at the state of mind of the defendant, and for the purpose of illustrating his conduct and motives in connection with the other evidence in the case, and for the pur- pose, likewise^ of showing the animus of the deceased and his motives." To this instruction the defendant urges no objec- tion. By it the jury were in effect told that any threats which had been made by the decedent against the defendant might be taken into consideration with the other evidence in the case for the purpose of illustrating his motives, conduct and state of mind at the time of the killing, and for the purpose also of showing the animus and motives of the decedent, thus charging the juiy that evidence of antecedent threats were to be consid- ered, not independently of but in connection with, all the other evidence in the case, including that touching the conduct and 58 Statb v. Shadwbli^ [Oct T.'Ol acts of the decedent at the time of the killing. In. our opinion the two instructions are irreconcilably in conflict, and it ia imr possible to determine which the jury followed. It is not un^ likely that the jury understood the latter instruction aa modify-* ing the former, nor is it improbable that the jury interpreted the former as meaning what it should have escpressed ; but we cannot declare that they did either. An error is presumptively prejudicial to the defeated party, and the presumption is rebut- ted only when it appears that it either was not or could not have been injurious. The jury may have been, and the presumption is that they were, misled by the instruction of which complaint IS made. This is the rule in civil caaes {Parrin v. Montana Central Railway Co., 22 Mont 290, 56 Pac. 315), and for the Hke or a stronger rea^n is it the rule in criminal cases. For the error adverted to there must be a reversal As the cause will be remanded, we shall call attention to such other questions as require notice and are likely to arise on a new trial. 2. "The ease was a proper one to submit to the jury with instructions upon murder and manslaughter." {State v. Shad- well, supra.) There was evidence tending to prove the defend- ant guilty of muirder of the first degree; there was evidence tending to prove his guilt of murder^of the second degree; and there was evidence the tendency of which was to prove him guilty of manslaughter. Whenever the evidence warrants it the duty of the court is to instruct the jury upon every ofiense included in the crime charged. (State v. Colder, 23 Mont 504, 59 Pac. 903 ; State v. Fisher, 23 Mont 540, 59 Pac. 919 ; State V. Bowelly 26 Mont 3, 66 Pac. 291.) The opinion in State y^ Brooks, 23 Montana, 146-159, 57 Pacific Reporter, 1038, may,, if not read as a whole, convey the impression that the omission of a charge upon manslaughter is error without prejudice when the jury upon sufiicient evidence find the defendant guilty of murder, there being also evidence tending to prove manslaugh- ter ; but the opinion is not so to be understood, for in that case there was no room for a verdict of manslaughter, the killing having been done in malice aforethought or by an insane man. 36 Moxtt] St ATX v. Shadwsli*. 59 Nor do we agree with the oontentian of the attorney generul that because in the case at bar the defendant endeavored to show tiiat the killing was done in necessary self-defense, an instruc- tion that he might be convicted of manslaughter was unneces- sary. That the defendant contended that he acted in self- defense and, therefore, that the homicide was justifiable^ did not make it the duty of the jury to convict of murder or acquit altogether. If from the evidence they believed him guilty of manslaughter, they should have so found notwithstanding his plea of self-defense. The mere fact that the defendant insisted, by evidence or otherwise, that he was justified in the killing, could not relieve the court and jury of considering the crime of manslaughter when there was evidence tending to prove its commission. (See State v. Colder, 28 Mont 520, 59 Pac. 903.) It might as well be said that on a charge of grand larceny the defendant^ because he denies any theft whatever, must, as mat- ter of law either be acquitted or be found guilty of that grado of offense only, tbough there is evidence tending to prove petit larceny ; and tiiat if such lower grade only be proved, the jury must nevertheless convict of grand larceny for the reason that the defendant admitted the taking but asserted title to the property. Murder in each of its degrees and manslaughter were defined in the charge, and the punishment for each was stated ; but no- where did the court expressly advise the jury that they might find the defendant guilty of manslaughter. The jury were in- structed, in the language of Section 2145 of the Penal Code, that whenever a crime is distinguished into degrees, the jury, if they convict the defendant, must find the degree of the crime of which he is guilty. Manslaughter is not distinguished into degrees. The only crime that the charge mentioned which is divided into degrees, is murder. Manslaughter is not a degree of murder, although it is a grade of criminal homicida The elements necessary to constitute the crime of manslaughter are included in the crime of murder, but, as we have said, man- slaughter is not a degree of murder. It is possible, though not so State v. Shadweli,. [Oct- T.'Ol ]()robable, that the jury may not have understood that the dc fendant !might be convicted of manslaughter. Without decid- ing whether or not the omission to instruct the jury that they might find a verdict of manslaughter was erroneous^ we suggest that upon a new trial the omission be supplied. It is always the safer practice to direct the jury explicitly with reference to the verdicts which it is within their province to return. 3. One Anderson, a witness for the state, on cross-examina- tion testified that he was present when O'CJonnor was killed and had been in the room with the defendant and O'Connor during the night on which the homicide occurred ; that he had observed the manner of O'Connor, and that he was abusive toward different persons during the night He was then asked the question: "Of what did that abusive conduct consist?" The witness answered: "I seen him wring a fellow's nose there; he was abusive — ", whereupon he was interrupted by the judge of the court, who remarked : "This is not proper evidence,'' to which the defendant excepted. Immediately thereafter the witness was permitted to answer the question fully. When this case was here on the first appeal we said: "Now, suppose his conduct was boisterous; that his rage to- wards others was deseprate, or his temper was ferocious, and vented itself in fighting, abusing and terrifying others who came into the saloon just before the homicide ; and that the defendant observed this manner towards others. Would it not be relevant to the question of the reason of defendant's belief, if he had one, that the attack he says O'Connor made upon him when he killed him was to do him great bodily harm? We think it would, and that, therefore, what transpired in defendant's pres- ence on the night of the killing was proper, even though it in- volved the conduct of the deceased towards others." {State v. Shadwell, 22 Mont 573, 57 Pac 286.) We deem it unneces- sary to decide whether there wa* error in the remark of the judge if heard by the jury, and if so whether it was subse- quently cured. Having called attention to the matter we assume that any question concerning it will, if possible, be avoided on a new trial. 26 Mont] State v. Shadwell. 61 4. Between the first and second trials^ one Barrett, who had been examined as a witness for the defendant, died. On the second trial the defendant asked to read to the jury the testi- mony of the witness. The request was granted and the official stenographer read the testimony. At the first trial the court, on motion of counsel for the state, struck out the testimony of Barrett with respect to llie conduct of O'Connor towards any one but the defendant, and this ruling of the court appeared in the report of Barrett's testimony, as read by the stenographer on the second trial. But at the second trial no objection was made or exception reserved with respect to the matter stricken out upon the first trial ; nor was the attention of the court di- rected thereto by counsel for either party. The ruling made upon the first trial and the defenxiant's exception thereto are not equivalent to a ruling and exception at the second trial. If the defendant desired to have the action of the court upon the first, trial excluded from the jury he should have asked that the stenographer be directed to omit it when reading the testimony, <«• f aiUng that, he should have prayed the court for an instruc- tion in that respect If there was error, the defendant waived it by failing to assert his rights. Errors not excepted to in the court below cannot be reviewed on appeal. The foregoing are all the matters of sufficient importance to require comment Because of the error in instruction No. 26, the judgment and order appealed from are reversed and the cause is remanded for a new trial. Let the remittitur issue forthwith. Reversed and remanded. •8 State ex bbl, Kooh v. Babbet. [Oct T.'Ol STATE EX EEL. KOCH, Relator, v. BARRET, State Tbeasubeb, Respondent. (No. 1,704.) (Submitted July 29. 1901. Decided August 1, 1901.) (Opinion Filed Noyember 4, 1901.) Grant of Lands by United Stages for the Use and Benefit of State Agricultvral Colleges — Appropriation by State — In- come as Trust Funds — Income from Leases. 1. Act of Congress February 22, 1889, granted to the state, subject to Act of Congress July 2, 1862, certain lands for the use of agricultural colleges. Act of Congress July 2, 1862, provided that lands so granted should be sold, and che proceeds invested as a perpetual fund, the interest to be appropriated to the support of at least one college in such manner as the legislature might prescribe. Constitution, Art. XVII, Sec. 2, provided for the temporary leasing of such lands until they should be sold, and Article XI, Sec. 4, authorized such sale. Article XI, Sec. 12, devoted the interest on invested funds from sales and rents from leased lands to the mainte- nance of the institutions to which the grants bel<mged. Political Code, Sees. 3470-3519, 3590-3505, authorizes the leasing of unsoid lands by the land commissioner, and the payment of revenues derived therefrom into the state treasury. Id. Sec. 1516, declares that the board of education shall receive all funds and incomes to which any of the state educational institutions may be entitled to be used for the specific purpose of the grant. Section 1513 provides that the state treasurer shall be the treas- urer of this board. Section 1625 gives the immediate control of the State Agricultural College to an executive board, the treasurer of which should give bond to the state board of education. Held, that the legislature had not failed to prescribe how the income from the grant snould be appropri- ated to the support of the agricultural college, and it was the duty of the state treasurer to pay the warrants drawn by the executive board on the income in his possession. 2. The funds and Income derived from the grant were trust funds, to be dis- bursed through the agency of the state, and were not subject to Constitu- tion Art. VII, Sec. 20, providing that claims against the state other than for the salary or compensation of a public officer should be audited and allowed by tae state board of examiners, and paid only on the warrant of the state auditor. 3. The income from the lease of the lands granted was available for the use and support of the agricultural college, it not being a condition precedent to its right tnereto that the lands should be sold, and the proceeds invested so as to provide an income from interest thereon. Application for writ of mandamus by the state, on the rela- tion of Peter Koch, as treasurer of the executive board of the S6 Mont.] State sx bel. Koch v. Basset. 63 State Agricultural College^ against A. H. Barret, state treas- urer. An alternative w<rit was issued, and defendant moved to quash the writ and to dismiss the petition. Writ granted. Messrs, Hartman & Hcurtmaai^ for Relator.' Mr, J amies Donovan, Attorney Oeneral, for Kespondent. MR. CmEF JUSTICE BRANTLY delivered the opinion of the court. The relator herein applied to this court on July 24, 1901, for a writ of mandawAis to compel the defendant, as the state treasurer, to pay a certain warrant drawn upon him by the vice president and secretary of the executive board of tjie State Agricultural Collie, and in favor of the relator as the treasurer of said board, for funds with which to pay a balance of $1,500 of the current expenses of the institution for the scholastic year ending June 30, 1901. The relator alleged in his application that the funds in the hands of the defendant had been derived from rents of lands leased by Ijie state land commission belonging to the grant of lands made by the United States government in aid of the agricultural college; that they were, therefore, properly appli- cable to the payment of the warrant in question ; that the ac- count for which the warrant had been drawn had been approved and ordered paid by the state board of education, but that the defendant wrongfully refused to pay the same, in violation of his legal duty in the premises. An alternative writ was issueil, requiring the defendant to pay the warrant, or to show cause on July 29, 1901, why he had not done so. The attorney gen- eral appeared in his behalf, and interposed a motion to quash the writ, and dismiss the proceeding, on several gi*ounds, two of which he urged as conclusive against the issuance of the writ, namely : "That the legislature of the state of Montana has not appropriated the sum demanded, or any part thereof, to the maintenance of said agricultural collie of the state of 04 State ex bel. Koch v, Babbet.. [Oct T.^01 Montana ;" and ^'diat there is no law authorizing the payment to the relator of moneys derived from the leasing of lands do* nated to the state of Montana for the use and support of said agricultural college.'^ The questions thus raised were then sub- mitted for final decision, the attorney general conceding that, if they should be decided adversely to his contention, the writ should issue as prayed. After consideration, the court con- cluded that the contention made by the attorney general could not be sustained, and on August 1 ordered the writ to issue. 'No written opinion was then handed down, because the court was about to adjourn for the summer vacation. Owing to the importance of the interests involved, however, we deem it proper to state our reasons now for the action then taken. Under the Act of congress approved February 22, 1889, commonly known as the "Enabling Act,*' providing for the ad- mission of Montana into the Union as a state upon equal footr ing with the original states, there were granted to the state, subject to the provisions of the Act of congress approved July 2, 1862, certain lands for the use and benefit of state agricul- tural collies. The lands so granted were accepted on behalf of the state^ subject to the prescribed conditions, J)oth by the constitutional convention (Ordinance No. 1, Subdivision 7) and by the state legislature (Session Laws of 1893, pp. 171- 173; Political Code, Sec. 1628). By reference to the Act of congress of July 2, 1862, and particularly section 4 thereof, it will be seen that it was contemplated by oongress that the lands granted by the Enabling Act should be sold ; that the proceeds should be profitably invested, so that the principal should be forever preserved as a permanent endowment fund; and that the interest thereof should be devoted to the support of the college or colleges established pursuant to the declared purpose of the grant. Neither of the Acts of congress referred to spe- cifically provides that the land granted may be leased by the state authorities pending a sale; but the state constitutional convention, anticipating possible difficulty and delay in con- verting the lands into money, and with a purpose of making 26 Mont] StAT£ EX bbl. KoC'A i). Babket. 86 the grant profitable in the meantime^ atithorized the legislature to provide by ^a^v for the leasing of all the agricultural and grazing lands included in the grant until they should be sold. (Constitution, Art. XVII, Sec. 2.) The constitution also* created a state land commission, consisting of the govemor^ secretary of state, superintendent of public instruction and at- torney general, to have the "direction, control; leasing and sale^^ of all lands gi'anted to the state for educational purposes (Con- stitution, Art. XT, Sec. 4), subject to the regulations to be prescribed by law. Another provision was made (Constitution^ Art- XI, Sec. 12), requiring the funds derived from the sale of lands embraced in the several grants to the state for the use and support of state institutions^ of learning, as well as funds derived from other sources for that purpose, to be preserved inviolate and sacred for the purposes for which they were dedi- cated, but directing that the interest upon the invested funds, together with the rents from the leased lands, be devoted to the •'maintenance and perpetuation" of the various institutions to which they, the respective grants, belonged. Pursuant to these several provisions of the constitution, the legislature has en- acted regulations under which, in default of sale, all agricul- tural and grazing lands may be leased imder the direction of the state land commission for terms not exceeding five years,, and requiring the revenues derived therefrom to be paid into- the hands of the state treasurer. (Political Code, Sees. 347(^- 3519, 3690-3595; Session Laws of 1897, pp. 178, 179; Ses- sion Laws of 1899, pp. 86-93.) Under these provisions of lav- considerable quantities of agricultural and grazing lands se- lected for the use and benefit of the State Agricultural College at Bozeman, have been leased, and the income derived there- from has been paid into the hands of the defendant, as state treasurer, to the amount of $16,000. The first contention made by the attorney general was based upon this language contained in Section 4 of the Act of Con- gress of July 2, 1862: "* * * That tlie moneys so in- vested shall constitute a perpetual fund, the capital of which Vol XXVI-5 66 State bx bxl. Eoch v. Babbst. [Oct T.'Ol shall remain forever undiminiahed^ * * * and the inter- est of which shall be inviolably appropriated by eadi stati) which may take and claim the benefit of this act to the endow- ■ ment, support and maintenance of at least one college^ * * * in such manner as the legislatures of the states may pre- scribe * * *." He argued that the legislature of this state has enacted no provision of law under the authority of which any interest or income derived from the grant may be applied to the support of the college. The state board of education was created by the legislature under authority of the constitution (Constitution^ Art. X.1, See. 11). This board consists of the governor, state superin- tendent of public instruction and attorney general, ex officio members, with eight other citizens, appointed by the governor, by and with the consent of the senate. Its powers and duties « are enumerated in Chapter I, Title III, Part III of the Po- litical Code, and are very esctensive. Section 1516 declares: ^'The powers and duties of said board shall be as follows : ^*(1) Th^ shall have the general control and supervisioa of the state university and the various state educational insti- tutions. ''(2) To adopt rules and regulations, not inconsistent with the constitution and laws of this state, for its own government, and proper and necessary for the execution of the powers and duties conferred upon them by law. ^'(3) To prescribe rules and regulations for the government of the various state educational institutions. * * * "(10) To receive from the state board of land ccnnmis sioners or other boards or persons, or from the government of the United States, any and all' funds, incomes and other prop- erty to which any of the said institutions may be entitled, ami to use and appropriate the same for the specific purpose of Ae grant or donation, and none other, and to have general control of all receipts and disbursements of any of said institutions." It is further provided (Section 1513) that the state treasurer shall be the treasurer of this board. Turning to Chapter IV, i% Mont] SrfATE <z bsl Sooh i;. Babsr. 91 Title UI, Ptrt III of the same Code, under tke pforiaionff of wludi the insittiition was estahUaiied, aosd speeial regulatlonft pdovided for its government aad cOBtfol, ^e fiad (Seotiou 3625) that the iHunediste direction and eemtrol of it is vested ia fltn exeentive board^ eoiBflisting of five memberB^ appointed 1^ the goremory by and with the eoment of the boasrd of edtiea- tion. Thift latter board is required to have a secretary and treasoYer, ariected from its own member^ or not, at the pleaamre eef the board, who sbaH give bond in soch mxm as may be pre- searibed by the state boatd of edueatiott, for the faithful per- fomaBce of hia dnties, and to acootmt for all moneys comii^ ittto bis hands by virtae of his office. From the various pro- viakms of the eonstitution eited md the statutes enacted to cany out their evident intention, it is apparent that the state board of edneation is vested with the esdhaaive power to reseive, invest, manage and control the funds derived from the sale of the lands granted to the state for the use and support of the agricultural college and that the income therefrom is subject to the orders of the board to meet the cnrrent expenses of the institution. The defendant is the proper depositary of these funds, and is therefore liable, upon the order of the board, to pay out the income derived therefrom as current neeessdties demand ; for under Section 1516, cited, the board id empowered ^'to receive from the state board of land commissioners or other- boards or persons, any and all funds, incomes and other prop- erty to which any of the said institutions may be entitled, and tO' use and appropriate the same to the purpose of the grant or donation, and to have general control of the receipts and diebursements." It is also clear that the executive board, of which the relator is treasurer, has direct management and con- trol of the affairs of the institution, and that it is the duty of the defendant to pay the warrants drawn by it, when orderei to do so by the state board in the exercise of its general powers. The legislature has therefore not failed to "prescribe" how th« income derived from the grant shall be appropriated to the ''endowment, support and maintenance" of the institution, as 68 State ex rbi.. Kocii v. Barbet. [Oct T/Ot was contemplated by the Act of congress making the grant The attorney general contended further, in this connection, that the claim for which the warrant was drawn is a claim against the state other than for a salary or compensation of a public oflScer, and should be audited and allowed by the state board of examiners and paid upon the warrant of the state auditor. To support this contention he cites Section 20 of Article VII of the Constitution, as follows: "The governor^ secretary of state and attorney general shall constitute a board of state prison commissioners, which board shall have such supervision of all matters connected with the state prisons as may be prescribed by law. They shall constitute a board of examiners, with power to examine all claims against the state, except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law. And no claims against the state except for salaries and compensation of officers fixed by law, shall be passed upon by the legislative assembly without first having been considered and acted upon by said board. The legislative assembly may provide for the temporary suspension of the state treasurer by the govemorj when the board of examiners deem such action necessary for the protection of the moneys of the state." The relation of the state government to the trusts created by the provisions of the Enabling Act was considered in State ex rel. Bickford v. Cook, 17 Mont 529, 43 Pac. 928, wherein there was a controversy over the payment of the compensation due to members of the capitol commission. It was said in that case, in substance, that lands granted by congress to provide for the erection of the state capitol, and accepted by the state, became a trust; that funds derived therefrom were trust funds, to be devoted exclusively to the purpose of the trust, through the agency of the state; that the disbursement of them was not an expenditure of the state "within the meaning of expenditures generally referred to in tiie constitution ;'' that the state officers could not use the fund for any other purpose than that desig- nated in the Act of Congress ; and that, in so far as they dealt 26 Mont] State ex sel. Koch v. Baseet. &9 with that fund, they created no obligation which the state wa^ bound to pay out of the ordinary revenues derived from taxa- tion. Again, in State ex rel, DUdine v. Collins, 21 Mont. 448, 53 Pac. 1114, the section of the constitution cited by the attor- ney general was considered, and it was held that the state uni- versity bond fund was a trust fund ; that the sftate acted in con- nection with it as a mere agent to execute the trust ; and that, as in tlie administration of it no debt was or could be created against the state, the constitutional restriction as to the expendi- ture of the funds arising therefrom did not apply. '^It is evi- dent furthermore," this court said, "that the Act of the legis- lature providing for the erection of the university building did not contemplate that claims arising under the terms of the con- tracts for the buildings should be subject to approval by the state board of examiners." This statement was based upon a provision of the statute creating the university commission, which authorized it to draw warrants upon the state treasurer payable out of the trust funds in his hands. We think the principle of these cases applicable to the present case, and that the legislature, in defining the powers and duties of the board of education, with a view of following the spirit and intention of the Act of congress creating the trust, intended that this board should be clothed with the special and exclusive power of executing it free from the limitations and restrictions of the constitution as to the expenditure of the ordinary revenues of the state. It may be that a diflFerent rule would apply to ex- penditure of any moneys appropriated by the legislature out of the revenues of the state to supplement the revenues derived from the trust fund thus left to the control of the board. Upon thi^ question, however, we express no opinion, as it was not properly before us. Under the second ground of the motion the attorney general argued that congress, in making the grants intended that it should become available only after a sale of the lands granted, and an investment of the moneys thus obtained, so as to pro- vide an income from interest ; that this intention is manifested 70 Statb «x BBi.. Koch t;. Bawudt. [Oct T/<H by die Udt that thero is luHliizig either in tiie Enabling Act or in the Act of July 3, ISOS, authorizing the state to adopt a system of leasing for the purpose of creating a revenue for cur- rent necessities, and hence such reFcnuee as have been or are derived from this source cannot lawfully be used by the board of education to pay the bill in question, notwithstanding the provisions of the constitution and statutes cited. The result of this contention is that all of these provisions are in violation of the acts creating the trusty and that to subject the fund in the hands of ihe defendant to the payment of the demands cre- ated' by the board would be only another step in the course of mismanagement of which the state government has been guilty. We do not think this position maintainable. We think the manifest intention of congress was to create a permanent endow- ment, which was to be preserved inviolate; and to require that the revenues derived therefrom should be faithfully applied to the support of the institutions created, and not be diverted to other purposes. So long as this intention is carried out^ we think it makes no difference what mode is adopted The grant was made in view of conditions existing at the time, and others which might arise. It certainly oould not have been intended that lands which could not be readily and speedily sold, but whidi, from their character and situation, could be made to yield a revenue by a system of leasing, should be al- lowed to lie idle and unprofitable until such time as the 8tat3 oould sell them, and thus comply with the strict letter of the grant The grant was made and accepted .with the existent conditions in mind, and, in our opinion, the constitutional con- vention, in making the provisions it did, and the legislature in providing the mode by which they are made effectual, both ex- hibited a wise foresight, and have thus made it possible for the people to have the present benefit of the gift of the federal government without in any way impairing its value or di- verting it to improper usee. Writ gtXLntsd. 96 Mont] State v. Fostsb* 71 STATE, Appbllawt, v. FOSTER, Respondent, (No. 1,692.) (SuDmiLted October 7, 1901. Decided November 11, 1901. ) Larceny — Evidence — Sufficiency — Appeai — Neiv Trial. 26 71 m 229 36 234^ 2. 3. 4. Where an order granting a new trial Is silent as to the grounds on wh|ch It Is based. It will be affirmed. If It can be Justified on any ground on which the motion was predicated. Where there la a substantial conflict in the eyldence the action of the trial court in granting or denying an application for a new trial on the ground that the evidence is insufficient to Justify the verdict, or that the verdict is contrary to the evidence, will not be disturbed on appeal. Where there is no substantial evidence to support the verdict it is the duty of the trial court, as a matter of law, to vacate and set aside the verdict, and If it refuse to do so Its action will be held erroneous. On a prosecution for grand larceny, that accused and others were follow- ing the itineraries of political speakers under a conspiracy to commit larceny, and that at a political gathering the prosecuting witness carried his purse in his left hand in his pocket, and, while In a crowd, feeling a tugging at his left arm, recognised accused and an associate standing at his left, and after geing a distance of three blocks he discovered his purse was missing, is Insufficient to Justify a conviction of accused for the par- ticular larceny. Appeal fronh District CquH, Lewis and Clarice Cownty; Henry C. Smith, Judge, W. M. Foster was convicted of grand larceny, and from an order granting a new trial the state appeals. Affirmed. Mr. James Donovan, Attorney General, and Mr, 0, W, Mc- Connell, for the State. Mr, R. R, Pvrcell and Messrs. Nolun & Loeb, for Respond- ent. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the conrt. The defendant was convicted of the crime of grand larceny, and sentenced to a term of two years at hard labor in the state 7g State v. Fostdb. [Oct T.'Ol- prison. He theroupon moved for a new trial, alleging as grounds therefor that the court had misdirected the jury in matters of law, that it had erred in the decision of questions of law arising during the trial, and that the verdict was contrary to the law and the evidence. From an order granting the mo- tion the state has appealed. The order is' silent as to the grounds upon which the district court based its action. It is therefore incumbent upon this court to affirm it if it can be justified upon any one of the grounds upon which the motion was predicated. (State v. Sclincpcl, 23 Mont. 523, 59 Pac. 927; Menard v. Montana Cen- trat Railway Co,. 22 Mont. 340, 56 Pac. 592.) Counsel for the state have given attention in their brief to two questions onlj, namely, whether the district court erred in admitting certain evidence, and whether the verdict was contrary to the evidence. We shall notice the latter question only, as we think that a correct answer to it is conclusive of this appeal. The rule has frequently been declared by this court that an application for a new trial on the ground that the evidence is insufficient to justify the verdict, or that the verdict is contrary to the evi- dence, is addressed to the sound discretion of the trial court, and that where there is a substantial conflict in the evidence the action of that court in granting or denying the application will not be disturbed on appeal. {Hamilton v. Nelson, 22 Mont 539, 57 Pac. 146 ; Paiten v. Hyde, 23 Mont 23, 57 Pac 407.) If, however, there is no substantial evidence to support the verdict, a different rule applies. In the latter case it be- comes tbe duty of the trial court, as a matter of law, to vacate and set aside the verdict and if it refuses to do so its action will be held erroneous. (State v. Welch, 22 Mont 92, 55 Pac. 927.) The evidence contained in the record presents a case to which the second rule is applicable. Indeed, the request made by the defendant at the close of the state's case that the court direct a verdict of acquittal should have been granted; because there was then no evidence before the jury to warrant a verdict of gililty. Nor did the defendant thereafter by his 2i6 Mont] State v. Foster. 73 <^vidence aid the state's case in the slightest degree^, for hii^ •effort Avas directed entirely towards the impeachment of one -of the state's witnesses. The facts shown by the evidence are as follows : On the evening of September 17, 1900, Mr. Roosevelt, candidate for the vice presidency of the United States, addressed the citizens of Lewis and Clarke county at the city of Helena. A proces- sion, it seems, was formed to conduct the speaker to the Audi- torium, the place of the meeting. Crowds of people were col- lected upon the streets along the line of march. One South- mayd was standing with his daughter among a crowd at the •corner of Main street and Sixth avenue, and, as the carriage in which Mr. Eoosevelt was riding passed this point^ South- mayd stepped into the street near the line of march, in order to obtain a better view. He then held his purse clasped in his left hand in his trousers pocket. The purse contained, among other things, two United States silver certificates of the denomi- nation of $10, the subject of the larceny charged in the infor- mation. While Southmayd was standing among the crowd, looking on, some man jostled him severely, passing on his right towards the front, and then pressing backward towards his left. At the same time he felt a tugging at his left arm, as if some one were trying to lift his hand from his pocket Turning in that direction, he saw the defendant standing at his left^ and by him another person by the name of Hall. Hie did not dis- <»ver who was tugging at his arm. His hand was not removed from his pocket by the tugging, and after it was over he stili held iis purse in his pocket as before. When the carriage bear- ing Mr. Koosevelt had passed, Southmayd returned to the side- walk where he had left his daughter, and walked with her im- mediately to the Auditorium, about three blocks distant. The doors of the building had not been opened when they arrived, and they stood a few minutes with others waiting for admit- tance. At this time Southmayd missed his .purse. Looking about him, he saw none but familiar f acea Other persons during the same evening, while on the streets or in attendance 74 State v. Fostbe. [Oct T/01 at the speaking, loet their purses or other yaluables at the hands of pickpockets. The next day the defendant and sax others were arrested on a railroad train on their way to Bntte^ where Mr. Boosev^elt was to apeak again. AU these persons were strangers in Montana, and appeared to be traveling together. They were searched as soon as arrested. Upon the defendant were found memoranda and clippings from newspapers show- ing the itineraries of Mr. Eoosevelt and Mr. Bryan, candidate for the presidency of the United States; notices of dates and places of reunions of the Grand Army of the Republic, and other assemblages of people throughout the country ; a mileage book for 1,000 miles, sold to him by the Northern Pacific Rail- way Company at St. Paul, Minn., on September 15, 1900, with 167 miles unused; a bunch of railroad conductors' checks of different colors; and $100.65 in cash. Upon the other persons arrested were found similar articles, including partially used mileage books, conductors' checks, itineraries of prominent po- litical 8peakei*s, etc. Uix)n one of them named Wilson was found a $5 Canadian bill, which was identified by one Collins,, a witness for the state, as his ; he having had a purse containing it) with other money, abstracted from his pocket while in the crowd gatlieiTd about the Auditorium before the doors were opened. When searched the prisoners all made false statements as to the amounts of money in their possession. Each was found to have more than he stated. A few days after the arrest the prisoners wei'o again searched, and upon three of them, concealed in various places in their clothing, were found sums of money to the amount of $470. One of them had tried to conceal a $50 bill by putting it in his mouth. There was no evidence tending to show that any of the money found upon any one of the prisoners belonged to Southmayd. The theory of counsel for the state at the trial was that die defendant and the persons arrested with him were professional pickpockets following the itinerary of Mr. Roosevelt for die purpose of plying their trade in the crowds which gathered to hear him ; that they were engaged in the common purpose for 36 Itont] State v. Fostek. TS their mutual benefit; that either the defendant or Hall ab- stracted Southniajd's purse at the time he was joetled in the crowd ; and that, whether the defendant or Hall actually took the purse, the defendant was guilly, by reason of the fact that he was engaged with Hall and the other prisoners in a con- spiracy to pick pockets. It was upon this theory that counsel offered and the court admitted the evidence touching the arti- cles found upon the defendant and his fellow prisoners, the at- tempts to secrete the money by some of them, and the larceny of the Canadian bill from the witness Collins. Conceding, for the sake of argument, that all of this character of evidence was competent and material to show a conspiracy to commit larceny by the defendant and his associates, and that it is sufficient to establish such a conspiracy, there is no evidence in the record to justify the conclusion that any of them committed the par- ticular larceny in question. In that connection it appears only that Southmayd was jostled by some one, that he felt the tug- ging at his arm, that he recognized the defendant and Hall standing at his left, that after this demonstration was over he still retained his purse in his hand, and that several minutes afterwards, at a distance of three blocks away, he discovered that it was missing. While these facts may justify a suspicion that the defendant committed the larceny, or that Hall did it with his assistance, they arc wholly insufficient to warrant a verdict of guilty, and should not have been submitted to the jury. The district court was therefore not only justified in making the order granting a new trial, but it was clearly its duty to do so. The order complained of is therefore affirmed. • Afjfirmed. 76 Spelma>' V, G. C. M. & M. Co. [Oct- T/01 SPEI.MAN, Appellant, v. GOLD COIN MINING & MILLING COMPANY, Respondent. (No. 1,347.) (Submitted October 10, 1901. Decided November 11, 1901.) Corporations — Officers — Principal and Ageni — General Ma/n- ager of a Mmijig Corporation — Authority — Contracts for Medical Attendance on Employes — Ratification. 1. A principal is bound only by the autborlxed acts of his agent, and prior authority or subsequent ratification must be shown in order to render the principal answerable ex contractu for the conduct of his agent. % The fact that a certain person is general manager of a mining company does not, in and of itself, imply authority in him to bind the company in matters other than those of its ordinary business affairs. 3. Where employes of a mining company, while working in its mines, suffer bodily injury by the explosion of a blast, and it does not appear that the company was in anywise at fault, the secretary and general manager of the company has no Implied power, by virtue of hts oflice, to bind the com- pany by a contract for medical attendance on such Injured employes. Quacrt: Whether, in a case where an employe Is injured through the action- able negligence of the company, the general manager of a mining company can bind his principal by such a contract? •4. Where plaintiff sought to recover for medical services rendered to em- ployes of a mining corporation by virtue of a contract with the manager and secretary, testimony by a physician, whom plaintiff had called to his assistance, chat he was paid by a check on some part of which appeared the name of the corporation, and that It was his Impression that It was signed by the corporation, **per some one else*s order,** was not sufficient evidence of a ratification by the corporation of the secretary's contract. Apptal from Disti^t Court. Deer Lodge County, Theodore Brantly. Judge, Action by J. F. Spelman against the Gold Coin MiTiing and Milling Companv. From a judgment for defendant, plaintiff appeals* Affirmed. .Vr«w:s5* O^T^ary ijf Maiden, for Appellant J/r, J. R. Hjornmu. for Respondent 36 14 ont] SPEL3IAN V. G. G. M. & M. Co. TT MR. JUSTICE PIGOTT delivered the opinion of the oourtj This was an action. to recover judgment for the reasonabl^^ vahie of services alleged to have been rendered by the plaintifE and one McKenzie, as physicians and surgeons, at the special instance and request of the defendant, a corporation organized for the purpose of mining and engaged in that business in th-^. county of Deer Lodge, Montana. The defendant denied that it ever employed the plaintiff or McKenzie and traversed the- allegation of the complaint touching the reasonable value of the services. The evidence disclosed or tended to show the exist- ence of the following facts: One Shafner was the president of the defendant, one Loomis its secretary and general manager, and one Beaton its assistant manager and foreman. On Janu- ary 13, 1898, Beaton and two other employes of the defendant were injured by the explosion of a blast in the Gold Coin, mine owned by the defendant and in which they were then working. On the same day the men were taken to a hospital in Anaconda where they received at the hands of the plaintiff and McKenzie medical and surgical attendance and treatment for several months. The hospital had no contract with the defendant^ nor were there any relations between it and the defendant. The- plaintiff was surgeon to the hospital. After the first examina- tion of the men the plaintiff suggested to Beaton the employ- ment of a specialist in diseases of the eye and that it would be well to call in one Grigg. To this Beaton assented, saying that the defendant would pay all the expenses incident to the treat- ment of himself and of the other men. Thereupon the plaintiff called in Grigg, who gave to the eyes of the men such attention as was necessary. On the 14th, which was the day after the accident, Loomis telegraphed to the plaintiff to spare no ex- pense in giving Beaton the best possible nursing and attention, and if the other men who had been injured needed surgical and hospital treatment, to provide it, and he would pay all the ex- penses. Thereafter, and while the plaintiff was professionally attending Beaton and his companions, Loomis orally assured* TO S»«utAir V. O. C. K & M. Go. [Oct. T,'01 I tlie plaintifF and MeKenzie that flte defendant would pay thtai. McKenzie assigned his acoount to the plaintiff. Grigg's bill for the services rendered by him was paid in part by Beaton, and in part by a check on some part of whieh appeared the name of the defendant, Grigg testifying that he did not know whe^e the name of the defendant appeared thereon^ but it waa his ^^impression that it was signed by the Oold Coin Mining Com- pany per some one else'a order." On motion of the defendant the court granted a nonsuit for the reason that no authority had been shown in either Loomi» or Beaton to employ the pJaintiff or McKeuzie on behalf .of &e defend- ant, to attend the men injured, that the evidence did not show that the employment of the plaintiff or his assignor came within the scope of the authority of either Loomis or Beaton, and that therefore the plaintiff failed tb show the liability of the defendant The order granting the motion was followed by a judgment in favor of the defendant^ from which and from an order refusing a new trial, the plaintiff appeals. Several errors are specified, but the question presented by the order granting the nonsuit is the only one that requires emt- sideration. The plaintiff contends that Locmiis, the genera) manager of the defendant, was, by virtue of his <^ce, empow- ered to employ the plaintiff and McXenzie in the name of his principal and to bind it by his promise to pay them. He in- sists that authority to employ physicians and surgeons to attend upon miners injured while engaged in working for the defend- ant was impliedly delegated to Loomis by his appointment to the office of general manager^ and that neither express authority nor subsequent ratification by the compcmy need be shown ; and that the defendant paid a part of Grigg's bill, thereby ratifying the employment of the plaintiff. It is argued that Loomis in his capacity of secretary and general manager of the defeadantt was its representative and in the transaction of its ordinary affairs might do whatever the corporation could do within the scope of its powers, and that the general manager of a mining company must necessarily receive full power to act for the S6 Hont] Spblmav v. G. C. M. & M. Co. 79 company in all emergenciee. In shorty the ccmtention is that the law presumee the general manager of a mining corporation to be clothed with the power which Loomis attempted to exer- cise^ and that courts must take judicial notice of such poweor. A principal is bound only by the authorized acts of his agent, and prior authority or subsequent ratification must be shown in order to render the principal answerable ex contractu for the conduct of his agent. The agent s authority may be either ex- press or implied ; but the act done or the promise made by the agent must be within the powers expressly or impliedly dele- gated to him ; though the act was not authorized at the time it was done, it may be ratified subsequently by a competent prin- cipal. Powers of the agent cannot be enlarged by his unauthor- ized representations or promises. The principal is bound, how- ever, by the acts of the agent who is held out by him as possess- ing authority to do the act which he does ; in such case his acts are the principal's when done under such apparent authority, and the principal is estopped to deny the agent's authority when the person dealing with the agent relied upon the holding out. The implication of a promise on the part of one who requests the performance of medical or surgical services for another, to pay for them, does not arise "unless the relation of the per- son making the request to the patient is such as raises a leg&l obligation on his part to call in a physician and pay for the services" (Meisenbach v. Sotdhem Cooperage Co., 45 Mo. App. 232 ; Boyd v. Sappington, 4 Watts, 247 ; Crane v. Ban- donitie, 55 X. Y. 256) ; to make him liable there must be an ex- pr^s promise or engagement to pay by the one who called in the surgeon or by his authorized agent. These general rules are applicable to corporations as well at to natural persons. (Butte & Boston Consol. Min. Co, v. Montana Ore Purchasmg Co., 21 Mont. 539, 52 Pac. 375 ; Trent v. Sherlock, 24 Mont 255, 61 Pac. 650.) Both alike are bound by the acts of their agents done within the scope of the authority ostensibly dele- gated. In the ease at bar certain employes of the defendant while 80 Spelman v.G, C. M. & M. Co. [Oct. T/Ol • working in its mine, were injured by the explosion of a blast. It does not appear that the company was in any wise at fault, — the employment of the plaintiff by Beaton and Loomis, who as- sumed to act in the name of the company, being (of itself) no evidence that the defendant was negligent or that in their opin- ion it was responsible for the accident. The men were removed to a hospital with which the defendant had no connection or contract whatever, and were there treated by physicians and surgeons to whom the general manager of the defendant mado promises to the effect that the defendant would pay them. There was nothing tending to show that the general manager had there- tofore assumed so to bind the defendant, there was nothing to show that the corporation had in any manner whatever ex- pressly delegated to the general manager authority to exercise such ix)wer, nor was there any evidence that general managers of mining corporations habitually exercised that power. Can the court declare, ui)on this state of facts, that the general man- ager of the defendant possessed autliority to bind the defendant by employing physicians and surgeons ? We think not. While there can be no doubt of the implied power of a corporation of the class to which the defendant belongs "to incur expense on account of injuries received by its employes in the line of their employment, in the absence of any express statutory grant of such power" (5 Tliomt>son on Corporations, Sec. 5840), the law unquestionably is that such a corporation does not owe to its employes any implied legal duty to do so. Without attempt- ing to enumerate every duty of the master, we may say, in gen- eral terms, that a corporation, like any other master, discharges its primary duties as master to the servant when it furnishes him with a reasonably safe place in which to work, reasonably safe tools with which to work, and uses reasonable care in selecting fellow ser\'ants, or, rather, is free from negligence iu these three respects. It would not seriously be asserted that a natural ])erson owes to his servant or employe the legal duty to furnish medical or surgical aid to him or to nitrse him when sick or disabled, or when injured while working for the master 26 Mont] Spklman v. G. C. M. & M. Co. 81 or employer, — indeed, we apprehend the law does not impose such obligation upon him in any event without an agreement by which he assumes such burden ; for instance, a sei'vant suf- fers a bodily injury through the actionable negligence of the master ; although the master must answer to the servant in dam- ages for all loss proximately resulting, including physicians' and surgeons' charges, yet the law does not require him to en- gage their services or to pay them for performing the services, — ^he may, if he chooses, employ physicians, surgeons and nurses and promise to pay them, and of course he would then be liable directly to those employed. Whether or not in such a case as the one last suggested the general manager of a mining com- pany can bind his principal is not necessary to be decided upon this appeal. If he can, the power must rest upon the assump- tion or theory that in appointing a general manager the com- pany impliedly del^ates to him authority to. lessen the extent of the injuries inflicted by the principal's ^vrong and thereby diminish the amount of damages for which the latter would otherwise be liable. As has been said, there is nothing in the case at bar to indicate that the defendant was at faulty or that it had agreed with the wounded men to provide surgeons or physicians for them in case of accident If the defendant's directors had met and employed the plaintiff and McKenzie to attend the wounded men, they would have bound the defendant ; but the directors would not thereby have performed a duty im- posed by law upon them or upon the defendant Beyond doiibt the corporation through its board of directors — ^its governing body — ^possessed the right at any time to del^ate the exercise of this power to any officer or person. Now, the general man- ager represents the corporation in all matters falling within the scope of the powers actually conferred or which he is held out by the company to possess; "whenever a corporation a|»p«.iut& a general manager or superintendent, by whatever name called, it, by that very fact, impliedly holds him out to the public as possessed of the authority to bind it by contracts which are necessary, proper, or usual to be made in the ordinary pr)se- VOL. xxvi-o 82 Spelman V, G. C. M. & M. Co. [Oct T.'Ol cution of its business." (4 Thompson on Corporations, Sec. 4850; Georgia Military Academy v. Estill, 77 Ga. 409.) In Trent v. Sherlock, supra, we said: "Xo principle of law ig more clearly settled than that an agent to whom is intrusted by a corporation the management of its local affairs, whether such agent be designated as president^ general manager, or superin- tendent, may bind his principal by contracts which are neces- sary, proper, or usual to be made in the ordinary prosecution of its business. * * * The fact that he occupi^ by the consent of the board of directors, the position of such an agent, implies, without further proof, the authority to do any thing which the corporation itself may do, so long as the act done pertains to the ordinaiy business of the company. * * * Even where the contract in question pertains to matters without the ordinary course of business, but within the power of the corporation, — that is, such as is not prohibited by its charter or by express provision of law, — ^the authority of the agent may be established by proof of the 'course of business between the parties themselves; by the usages and practice which the com- pany may have permitted to grow up in its business ; and by the knowledge which the board, charged with the duty of con- trolling and conducting the transactions and property of the corporation, had, or must be presumed to have had, of the a2it» and doings of its subordinates in and about the affairs of the corporation.' » * * 'There is no reason, and can be no legal principle, which will put the agent of a corporation on any different footing than the agent of an individual^ in tegaxd to the same business.' " He cannot^ however, bind his principal by a contract to confer a gratuity or beetow a charity, howwer strong the promptings of humanity may ba He acts for and is virtually the company itself in those matters only which have to do with its ordinary business and are within the scope •)f the duties delegated to him for performance. Unless the limits of his authority are shown to have been enlarged, the duties of the general manager are confined to the transaction of the business of the corporation as distinguished from its mere 26 Mont] Spblman v. Q. C. M. & M. Co. 83 ethical duties tod consequent imperfect obligations^ or sup- posed charities. The fact that a certain person is general man- ager of a mining company does . not in and of itself imply authority in him to bind the company in matters other than those of business affairs. It may not be said, as matter of law, or declared as a fact judicially known, that general managers of mining corporations are usually clothed with sueJi authority as that assumed by Loomis. So to hold would be to affirm that every general manager may contract with physicians and sur- geons in behalf of the mining company for which he is agent, irre6i)ective of the rights of the company and without regard to whether it was at fault If he has such authority by virtue of his office, then he may bind the company to pay for the ser- vices and expenses of surgeons^ physicians, nurses and others rendered to and paid out for men who through their own gross n^ligence have suffered injuries in his company's mines, and and his promise in the name of the company to pay any price that might be agreed upon by him and those employed would (in the absence of fraud) bind the corporation. If such author- ity inheres in the office of general manager, then, as was re- marked by Mr. Justice Graves in Mwrquette & Ontonagon Rail- road Co. V. Taft, 28 Michigan, 289, Loomis "must be taken to have had not merely the ordinary powers of control and man- agement pertaining to superintendency, but the larger and more imperial power to bind the treasury of the company to bestow what in law would have to be considered as something originally resting on imperfect obligation.'' If such authority is con- ferred on a general manager^ the court does not take judicial notice of it Evidence tending to prove it must be adduced. We are awai:e of the many cases holding that the general agent, managing agent, general manager or superintendent of a railway company has, by virtue of his office, implied author- ity to employ, on behalf of the company, physicians and sur- geons to attend persons injured by the company, including those injured in the line of their duties while working for it, of which the following are typical : Walker v. The Cheat Western 84: S^BLMAN V. G. C. M. & M. Co. [Oct. T/01 Railway Company, L. K. 2 Exchequer, 228 ; Atlantic & Padfie Railroad Co. v. ReisneVy 18 Kansas, 458 ; Pacific Railroad Co. V. ThomaSy 19 Kansas, 256; Atchison £ Nebraska Railroad Co. V. Reecher, 24 Kansas, 228; Toledo, Wabash it Western Railway Co. v. Rodrigues, 47 Illinois, 188, 95 American De- cisions, 484; Toledo, Wabash & Western RaUuxiy Co. v. Prince, 50 Illinois, 26 ; The Indianapolis & St. Lovis Railroad Co. V. Morris, 67 Illinois, 295 ; The Cairo & 8t. Lovis Rail- road Co. V. Mahoney, 82 Illinois, 73, 25 American Beports, 299 ; The Cincinnaii, Indianapolis, 8t Louis dc Chicago Rail- way Co. V. Davis, 126 Indiana, 99, 25 [N'ortfaeastem Baporter, 878, and cases there cited ; and of some cases in which the con- trary doctrine is announced: Brown v. Missouri, Kansas & Texas Railway Co., 67 Missouri, 122 ; Stephenson v. New Yoric & Harlem Railroad Co., 9 Duer (K Y.) 341. Whether the doctrines announced in the class of cases first mentioned would have been applied to mining corporations under the facts here disclosed, we need not inquire. Whatever may be the rule touching the presumptions with respect to the poweis of rail- way officials, in our opinion a presumption that the general manager of a mining corporation has been clothed with the delegated power to exercise the authority which Loomis as- sumed to exercise, cannot be indulged. In some of the cases cited the judges seem to have been unoonsciously influenced more by considerations of humanity, or moral obligations^ and of hardship, than by the law of agency. Legal principles mtlst govern all cases falling within them, without regard to the views entertained by the judges touching the supposed hard- ship occasioned in' a particular instance^ (Sanford v. Oates, Townsend & Co., 21 Mont page 290, 53 Pac. 749.) As to the contention that tl\e company ratified the employ- ment of the plaintiff, suffice it to say that the testimony of Grigg did not constitute sufficient evidence to prove a ratifica- tion, and that there was no other evidence tending to show it 26 Mont] Trent bt al. v. Shsblogk. 85 Finding no error in the record^ the judgment and order re- fusing a new trial are affirmed. Afftrmed. The Chief Justice, having tried the cause in the court be- low, takes no part in this decision. I'REKT ET AL., Bespondents^ V, SHERLOCK, Appellant. I (No. 1,281.) (Sobmltted October 8, 1901. Decided November 18, 1901.) Foreign Corporations — Principal a/nd Agent — Mining Com- panies — President — Powers — Delegaiion of Powers — Superintendent — UnmUhcrized Acts — Ratification — Evi- dence— Instructions. 1. A creditor of a mining company sought to have its president execute a bill of sale for certain machinery purchased from defendants. The president refused, but referred the creditor to the company's superintendent, who executed such bill, signing it as manager of the company. The directors of the company, with the exception of the president, resided in another state, and the president had the general management of its alTairs within the state. The creditor testified that he informed the president that the bill had been executed, and that the president knew the character of the transaction, but did not want it known that he was cognisant of the transaction, and that he was in the immediate vicinity when the creditor took possession of the property. Defendants sued, and attached the ma- chinery as the property of the company. Held, that the evidence of the ratification of the bill of sale by the corporation was sufficient to justify the court in submitting that question to the Jury, together with the bill of sale. 2. Independent of any ratification, the bill of sale was void, and not voidable, and the defendant was entitled to raise the question of its validity. 3. On the admission of the bill of sale, together with the evidence of ratifica- tion, defendant was entitled to have the jury instructed that they should not consider the contract as prima faoie the act of the corporation, though it purported on its face to be executed by the manager on behalf of the corporation. 86 Teent et al. V, Sheblock. [Oct. T/Ol 4. A contract made for hla principal by an agent, bnt. entirely without the scope of hia anthorlty» la no more binding, until ratification, than If made by a stranger. On Kehearing. (For former opinion, see 24 Montana Reports, 255.) ME. CHIEF JUSTICE BRANTLY delivered the opinion of the court This cause is before the cpurt on a rehearing granted upon application of respondents on November 13, 1900. The argu- ment and decision have been delayed on account of the illness of counsel for appellant For a brief statement of the facts, reference is made to the former opinion in 24 Montana 255, 61 Pac. 650. These additional facts may be noted, as they do not appear in that statement: The Hope Mining Company was organized under the laws of the state of Washington. Its trustees, except the president, Pitner, reside in Seattle, in that state, and its general office is there. On the day following the execution of the contract by Franklin, the mine superintendent, Pitner, Franklin and Trent returned from Butte to Basin. Trent states that he took possession of the property after some conversation with Field, the manager; Pitner then being at his residence, near by. He further states that, after the con- tract had been entered into by himself and Franklin at Butte, he told Pitner that Franklin had given him a bill of sale, but that Pitner said that he did not care to know anything of it, and it must be understood that he did not The conclusion stated in the former opinion was that the defendant should be granted a new trial, on two grounds: First, that the trial court erred in admitting in evidence the contract upon which the plaintiffs found their claim to the property involved; and, second, in refusing to submit to the jury a certain instruction requested by the defendant Upon consideration of the argument and the authorities presented by counsel in support of the motion for a rehearing, we still 26 Mont] Tb£nt £t al. v. Sh£BLOck. 87 thought that the trial court had erred in refusing to submit the requested instruction^ but were inclined to the opinion that in holding that there was not sufficient evidence to go to the jury upon the question whether the written contract had been ratified by the Hope Mining Company, and that it should have been entirely excluded, we were in error. Further consideration of the subject has confirmed this impression, and we now think it the better view that the contract was properly admitted with the evidence tending to show that it was ratified by the corpo- ration through its president, Pitner. From the fact that the corporation was organized under the laws of another state, and had intrusted to Pitner the general — practically the exclusive — management and control of its affairs in Montana, he was im- pliedly authorized to do any act necessary and proper, or usu- ally done in the conduct of the ordinary business of the corpo- ration. Under this condition of affairs, persons dealing with him could not be required to look further, and inquire what express authority his principal had intrusted to him. He there- fore had implied authority to make purchases of property for the corporation either for cash or on credit, and to secure the payment of debts thus incurred for the purpose of keeping the mill in running order. Had the contract in question been exe- cuted on behalf of the company by him, it would, under the circumstances, have been pmnia facie the contract of the corpo- ration, and binding upon it. No such implied authority belongs to an agent whose powers are apparently, as well as in fact, limited to the scope of the particular employment. A superin- tendent of a mine is not, as such, authorized to make contracts for machinery and other supplies necessary for the milling or smelting operations of his principal. If, however, the principal permits such an agent to act generally for him, or in other ca- pacities than those for which he was employed, and thus holds him out as having the authority to do so, the principal cannot eecape liability upon^ contracts made on hia behalf by his agent acting in such other capacities. Franklin's authority being limited to a particular employment, the cx)ntract in ques- 88 Tbent bt ai*. V, Sheblock. [Oct T.'Ol tion was not prima facie the contract of the corporation. Nor was the usage and custom of business shown to be such in this particular instance as to justify the inference that he had au- thority, either as superintendent or manager, to pledge the properly of the company. As was said in the former opinion: "Buying and selling or pledging are acts of a different nature, an authority to do the one by no means implies the authority to do the other; and, when it is sought to show an implied authority in the agent to do the act in question by proof of con- sent or acquiescence of the principal, this can be done only by proof of consent to or acquiescence in acts of a similar nature, or by proof of such acts as tend to show a general power." Therefore^ though it appeared that Franklin had assumed on one other occasion to buy machinery for the company, and had for a short time, against the wishes of Pitner, the president', made deposits of its funds in his o^vn name, and drawn checks thereon as man- ager, this was not sufficient proof of such a usage or practice to warrant the conclusion that he was impliedly empowered to act generally for the oorporation in Montana. Nor do the facts presented tend to show that Pitner, the president, had either an express or an implied authority to del^ate to any one else the general power intrusted to him, or that he could appoint a subagent to act in his place in the exercise of these powers. In the absence of such authority from his principal, he was power- less to make such a substitution. The evidence does not tend to show that ho made any attempt to do so. While all this is true, however, a principal may, either expressly or impliedly, by acquiescencd and consent, and by accepting and retaining the benefits with knowledge, ratify and adopt as his ow^n a contract made in his behalf by a person who had no authority to act for him in the first instance, and thus become bound to perform all the duties and obligations which arise out of the transaction. A corporation is governed by the same principles. It may formally ratify through its board of directors an un- authorized act of this nature done in its behalf, provided the 26 Mont] Tbbnt bt ai*. v. Shebi^oc^. 89 act i8 not beyond its powers conferred by charter, or prohibited by law. It may also, by an acceptance or retention of the bene- fits derived from the transaction, after notice, become bouid to perform all the obligations arising therefrom. So, by acqui- escence with full knowledge through its authorized agents of the character of the act in question, it will be held to have ac- cepted and ratified it. It can act only through agents, and no- tice to the agent of matters falling within the scope of hi& authorized duties is notice to the corporation. The evidence in the case at bar tending to show that the president, Pitner, had or should have had knowledge of the <^aracter of the contract entered into by Franklin, was suffi- <sient to go to the jury. He refused to enter into the contract himself; but the evidence has a tendency to show that he re- ferred Trent to Franklin, with the statement that the latter had authority to make it. It also ap{$ears from the testimony of Trent that he told Pitner that he had obtained a bill of sale of the Bryan Mills that Pitner knew of the character of the trans- action, but refused to be informed of the particulars, and did not want it known that he knew anything of the matter. Be- sides, on the next day he went with Franklin and Trent to Basin, and was there at the time Trent says he took possession of the mills. True, Pitner was called by plaintiff to testify, and denied all knowledge of the transaction until long after the defendant had made the levy. Still, it was for the jury to determine whether Trent or Pitner told the truth. If Trent's statements were to be taken as true, then Pitner knew or should have known that Franklin had undertaken to bind the corpo- ration ; and it was his duty, under the circumstances, to repu- diate the transaction, and thus prevent his principal from be- ing bound. He may not be permitted to say that he or the principal had no knowledge of the character of the contract and its purpose, while all the circumstances tend to show that he was put upon inquiry, and that it was his duty to inform lumself . • In what we have just said touching the authority of Pitner 90 Tbbnt bt al. v. Sherlock. [Oct T,'01 to act generally for the corporation in Montana, we have pro- ceeded upon the assumption that the nature of his duties im- plied plenary power to do all the corporation could do in the conduct of its business. From the by-laws of the corporation, which were introduced in evidence by the defendant, it appears that he had express authority to sell and mortgage the property of the corporation, as well as to make all contracts for the sale or purchase of real estate, mining property, machinery, sup- plies, etc., but no power of substitution was given him. There- fore, even had it been error to admit the contract in the first instance, on the ground that Pitner had no authority to enter into it, and therefore had no power to ratify it, this evidence would have cured such error, and the defendant would have had no groimd to complain of the ruling. Counsel for respondents contend that the defendant in this case should not be heard to question the validity of the contract, for the reason that it was, at most, only voidable, and, being voidable only, no person other than the corporation itself could question its validity. In support of this view they cite the fol- lowing authorities: Eureka Iron and Steel Wori^s v. Bresnor han, 60 Mich. 332, 27 N. W. 524 ; Gordon v. Preston, 1 Watts, 385, 26 Am. Dec. 75 ; Manhattan Hardware Co. v. Phalen, 128 Pa. St, 110, 18 Atl. 428. With this view, however, we do not agree. From an examination of these cases, it appears that in each instance the contract involved was upon its face executed on behalf of the corporation by the proper officer, and that it had been ratifies! by the corporation by acquiescence and reten- tion of the benefits derived from it Wo arc unable to distin- guish between the act of a stranger and the act of a person who is an agent for another, but unauthorized to do the act in question on behalf of the latter. So far as it would affect the rights of the principal, or those of any other person than the agent himself, the attempt to bind the principal would be nuga- tory in each instance. If, for instance. A., a stranger, attempts to sell and deliver to C. the personal property of B., assuming to act as the agent of B., and, before B. has any knowledge of 26 Mont] Trent £t al. v. Sherlock. 91 the transaction^ D.^ a creditor of B., levies upon such personal property in the hands of C. ; could it, on principle, be said that C, the purchaser, had acquired such rights in the property as to enable him to defeat the lawful claims of D. ? In our opin- ion the contract, as a contract entered into on behalf of the putative 'principal, has no binding force upon any person, ^fx- c©P^> by way of estoppel upon the would-be agent, until such putative principal has been infc^rmed of it and has either ex- pressly or impliedly ratified it; and all persons dealing with the property prior to such ratification acquire the same rights therein as if the agent had not attempted to act A contract made for his principal by an agent, but Entirely \vithout the scope of his authority, is no more binding, until ratification, than if made by a stranger. For the reasons stated, the conclusion reached in the former opinion upon the first point decided must therefore be modi- fied in accordance with the views now expressed; but we still think that the court committed prejudicial error in refusing llie requested instruction. The defendant was entitled to have the jury cautioned that. they should not consider thf> contract as prima facie the act of the corporation, — ^in other words, that there was no presumption in favor of it because it purported on its face to be executed by Franklin on behalf of the corpora- tion. The judgment and order are reversed, and the cause is re- manded for a new trial. Reversed and remanded. ^2 Beer v. Lienbhan bt ai.. [Oct T/01 BEER, Respondknt, v. LIENEMAX et al.. Appellants. (No. 1.875.) (Submitted November 18, 1901. Decided NoTember 18, 1901.) Appeal — Rules of the Supreme Court — Briefs — Affirmance of Judgment. "Where appellant's brief fails to comply with the requirements of Subdlyision 3 of Rule X of the Supreme Court, the judgment appealed from will be affirmed. Appeal from District Court, Silver Bow County; John Lind- say, Judge, Action by Samson Beer against Louis Lieneman and Charles Schmidt. From a judgment in favor of the plaintiff and an order denying a new trial, the defendants appeal. Affirmed. Mr. Jam^s W. Forbis, for Appellants. Messrs. McBride £ McBride, for Respondent. MR. JUSTICE PIGOTT delivered the opinion of the court. These are appeals from a final judgment and an order deny- ing a new trial entered in the district court of Silver Bow <?ounty. The cause was submitted by the appellants on brief, examination of which discloses that it fails to comply with Subdivision 3 of Rule X of this court (22 Mont, xxxiv, 57 Pac. vii). It does not refer to the page numbers in the transcript; it does not contain any specification of error ; nor does it even attempt to state from what either appeal was taken. Such being the condition of the brief, the judgment and order appealed from must be affirmed upon the authority of Harrington v. Smith, 26 Montana, 111, 63 Pacific Reporter, 1036. The judgment and order appealed from are therefore af- firmed. Affirmed. 26 Mont] Hughes v. Goodale. 9^ HUGHES, Appelulnt, v. GOODALE, Respondent. (No. 1,367.) (Submitted November 13, 1901. Decided November 25, 1901.) Gvardian and Wao'd — Sale of Real Estate — Special Bond — Omission — Validity of Sale — Judgments — Sureties. 1. Probate Practice Act, Sec. 387, Compiled Statutes 1887, provides that a. suardlan authorised to sell real estate must, before the sale, give bond to- a probate Judge to sell th^ same in the manner and to account for the pro- ceeds of the sale as provided for in the chapter. Held, that a sale by a guardian duly appointed and qualified, but who omitted to give the special bond required, was not void. 2. Quaere: Whether, under the Probate Practice Act, Compiled Statutes 1887,. an executor, administrator or guardian is required in every case to give a special bona before making sales of real estate. 3. Sureties on the general bond of a guardian are liable for any loss which the ward may sulfer by reas<Mi of the default of the guardian with respect to the proceeds of sales of real estate. 4. Tho orders and Judgments of a court may be voidable for error or irregu- larity, but such error or irregnlarity does not of itself avoid such orders, or Judgments. Appeal from District Court, Silver Bow County; Willia/mf Clancy, Judge, Proceedings by Mary E. Hughes against Charles W. Good- ale^ as guardian of Francis Arthur Linforth and Geraldine Linforth. From a judgment for defendaant^ plaintiff appeals^ Reveirsed. Statement of the Case. This cause was submitted to the court below upon an agreed statement showing the following facts: By an order of the district court of Silver Bow County the defendant was duly ap- pointed guardian of the estates of Francis Arthur Linforth and Geraldine Linforth, minors. Having filed the bond re- quired to be given by Section 358 of the Probate Practice Act, Compiled Statutes of 1887, and having taken the oath pre- scribed by law, letters of guardianship were issued to him on 94 Hughes v. Goodalb. [Oct. T.'Ol the 18th day of November, 1890, since which time he has been, and now is, the qualified and acting guardian. On the 16th day of November, 1893, the district court duly ordered the guardian to sell certain lands owned by his wards in the county of Silver Bow. In pursuance of the order, and on the 4th day of February, 1894, the defendant as guardian sold the lands to the plaintiff for the sum of $1,850. On February 28, 1894, the court approved and confirmed the sale, whereupon the property was conveyed by deed to the plaintiff. Before the sale the guardian omitted to give the special bond required by Section 387 of the Probate Practice Act, Compiled Statutes of 1887, and has never given the bond provided for therein. The guardian and his wards threatened and intended to bring an action for the purpose of ejecting the plaintiff from the pos- session of the property, and to obtain a decree declaring the plaintiff to have no title thereto. The parties prayed the court to adjudge from these facts whether the plaintiff was the owner in fee simple of the real estate in question as against the de- fendant and his wards, and whether the omission of the guar- dian to give the special sale bond constitutes a cloud upon the plaintiff's title. The court below decided that the omission of the guardian to give the bond before the sale rendered the sale null and void so far as the infants were concerned, and that no title passed from them, and that the plaintiff is not the owner of the property. From a judgment entered in accordance with the views of the court below, the plaintiff prosecutes this appeal. Mr. H, Lowndes Maury, for Appellant. Mr. WUliam D. Burha<)e, for Respondent MR. JUSTICE PIGOTT, after stating the case, delivered the opinion of the court. The single question arising upon the agreed statement is whether the omission of the guardian to give a special bond before the sale invalidated the sale authorized by the order. 26 Mont] Hughes v. Goodale. 95 Both parties assume that the provisions of Section 387 of the Probate Practice Act, Compiled Statutes of 1887, require such a bond to be given whenever the sale of a ward's real estate is directed to be made. Before proceeding to consider the argu- ments of counsel based upon this assumption, we deem it not improper to suggest a possible solution of the ultimate question upon a ground not discussed by counsel. It might be argued, with plausibility at least, that Section 387 does not require a sale bond to be given in all cases. This section provides that "every guardian, authorized to sell real estate must, before the sale, give bond to the probate judge [district judge], with suffi- cient surety, to be approved by him, with conditions to sell the same in the manner, and to account for the proceeds of the sale, as provided for in this chapter and Chapter VII of this title.'* Section 388 provides that "all the proceedings under the petitions of guardians for sales of property of their wards, making orders, rejecting or confirming sales, and reports of sales, ordering and making conveyances of property sold, ac- counting and the settlements of accounts, must be had and made as required by the provisions of this title concerning estates of decedents, unless otherwise specially provided in this chapter." Section 407 declares that the provisions relative to estates of decedents, so far as they pertain to the practice in the probate or district court, apply to proceedings touching estates of minors under guardianship. Now, Section 76 of Chapter III, of the title referred to in Section 388, supra, after imposing upon the district judge the duty to require an additional bond whenever the sale of lands belonging to a decedent is ordered, proceeds: "But no such additional bond must be required when it sat- isfactorily appears to the court that the penalty of the bond given before receiving letters, or of any bond given in the place thereof, is equal to twice the value of the personal property remaining in, or that will come into, the possession of the executor or administrator, including the annual rents, profits, and issues of real estate, and twice the probable amount to be realized on the sale of the real estate to be sold." If Section 96 Hughes v. Qoodau:, [Oct T/01 387 is to be read with and interpreted in the light of Section 76, a special bond need not be required of a guardian when, in the opinion of the court, the penal sum mentioned in his general bond is sufficiently lai^e to cover the items enumerated in Section 76, and affords ample security to the waid for the proceeds of the intended sale. If this theory be correct, "it is not otherwise specially provided" in the chapter relating to guardians that they must always give a bond before making sales of real estate ; hence in the case at bar the guardian was under no obligation, so far as the record discloses, to furnish a special bond, for the presiunption that the court below prop- erly refrained from requiring a special bond must be indulged. We merely mention this as a possibly correct construction of the statutes. Counsel have not suggested it and we do not de- cide that the theory advanced is the correct one, nor intimate an opinion upon it, its determination being unnecessary to a decision. For the purposes of this appeal we shall treat Section 387 as unaffected in this regard by Section 76. The contention of counsel for the defendant is that Section 387 requires a guardian to give a special bond in every case, that the provision is mandatory, and that an omission so to do renders the sale void. Counsel for the plaintiff insists that the requirement is directory only. The question presented is one of first impression in this court. In Power v. Lenoir, 22 Montana 169, 56 Pacific Reporter 106, it was held that the giving of the general bond required by a guardian by Section 358 of the Probate Practice Act> Compiled Statutes of 1887, is indispensable to the validity of his acts so far as the rights of the ward are concerned, the section pro- viding that "before the order appointing any person guardian under this chapter takes effect, and before letters issue, the judge must require of such person a bond to the minor, with sufficient sureties, to be approved by the judge, and in such sum as he shall order, conditioned that the guardian will faith- fully execute the duties of his trust according to law ; and the tollowing conditions shall form a part of such bond without 26 Mont.] Hughes v. Goodals. 97 being expressed therein: First. To make an inventory of all the estate, real and personal, of his ward, tliat comes to his possession or knowledge, and to return the same within such time as the judge may order. Second. To dispose of and man- age the estate according to law and for the best interest of the ward, and faithfully to discharge his trust in relation thereto, and also in relation to the care, custody, and education of the ward. Third. To render an account, on oath, of the property, estate, and moneys of the ward in his hands, and all proceeds or interest derived therefrom, and of the management and dis- position of the same, within three months after his appointment, and at such other times as the court directs, and at the expira- tion of his trust to settle his accounts with the probate judge, or with the ward, if he be of full age, or his legal representa- tives, and to pay over and deliver all the estate, moneys and effects remaining in his hands, or due from him on such settle- ment, to the person or persons who are la\vf ully entitled there- to. Upon filing the bond, duly approved, letters of guardian- ship must issue to the person appointed. In form the letters of guardianship must be substantially the same as letters of administration, an4 the oath of the guardian must be endorsed thereon, that he will perform the duties of his office as such guardian according to law." In that case we said: "Section 358 of our probate law plainly and positively provides that^ before the order appointing any person guardian takes effect, and before letters issue, the judge must require of such person a bond to the minor, with sufficient sureties. The intention of the legislature could hardly have been more plainly manifested. From the other sections of the statute cited supra, it appears that it did not even deem it wise to allow the parent to relieve the guardian of this duty by testamentary direction ; for, though a provision is made recognizing the right of parents to select by Avill the person to whom they wish to intrust the care of their children and their estates (Section 351, supra) y yet it re- quires such person so selected (Section 362) to give bond and qualify as other guardians. It is not, therefore, the recognition Vol XXVI-7 98 HuoHKs V. QooDAM. [Oct T/01 by any court of tiie relation of guardian and ward that gives it validity, but the fact that the relation has been properly es- tablished by a complance with the requirements of the law. A person who purchases the property of a minor, or who sed^s to devest him of title to his property, will not be heard to say that the minor is estopped and concluded by the irresponsible acts and doings of some person who has presumed to act as his guardian without first giving the minor the protection and security the law requires for him. * * * The latter [the ward] is, so to speak, the special favorite of the courts, and the courts will always see that his rights are protected.'' The de- cision was that the order appointing a guardian is without .effect unless and imtil the bond required by Section 358 shall have been given. Section 75 of the Probate Practice Act, Com- piled Statutes of 1887, requires that "every person to whom letters testamentary or of administration are directed to issue must, before receiving them," execute a bond. In In re Crair gWs Estate, 24: Montana 37 (60 Pac. 495), we intimated, by way of argument, that the failure of the person appointed ad- ministrator to give a bond does not ordinarily or usually ren- der void the letters of administration issued to him. It is proper to observe that Section 75 requires a person to whom let- ters are directed to issue, to execute a bond before receiving them, but does not declare that the order is ineffectual unless the bond be given. The decision in the Craigie Case was to the effect that the failure of & public administrator who had duly qualified by giving bond and taking oath, to file an additional bond required by the district judge as further security for die interest of an estate in his hands, did not, ipso facto, create a vacancy in the office of public administrator, although the stat- ute declared that upon failure of any public administrator to give such bond as might be required by a probate judge, his office should become vacant. ^NTeither of these cases announces a rule whi<ji must govern the decision of the case at bar. If the omission to give a sale bond was sufficient to deprive the court of jurisdiction, the judgment must be affirmed; in 26 Mont] HuQHJEs v. Goodalb. 99 otker words, if the order of sale was inivalidated by the omission to give a special bond, then by the sale the plaintiff took no title as against the minors. If, npon the other hand, the court was clothed with jurisdiction to make the order of sale, and the omission to give the special bond did not deprive the order of its legal force, then the plaintiff by virtue of the confirmation of the sale, followed by the deed of conveyance, acquired all the title which the minors had to the property. The orders and judgments of a court within its jurisdiction may be voidable for error or irregularity, but such error or irregularity does not, of itself, avoid the orders or judgments. This rule applies to courts of general common-law jurisdiction, to courts of equity, and to inferior courts of limited powers; it is applicable to all courts alike. Whenever it appears that the act done^ the order made, or the judgment rendered was within the scope of the power conferred, juirisdiction must be admitted, and, unless that jurisdiction is shown to have heeii lost, the act, order, or judgment cannot be characterized as a nullity. Did the omission of the guardiaa to give a special bond render ineffectual the order of sale nnd the confirmation, there- of, thereby depriving the oonrt of jurisdiction in the premises ? That the defendant was the duly appointed, qualified and act- ing guardian is conceded; it must be presumed tiiat upon a proper petition and after a hearing the court ordered the guard- ian to sell the lands of his wards ; in pursuance of that order tlie sale was made and confirmed ; a deed of coisveyance was liiereupon duly executed by the guardian and delivered to the plaintiff. That the district ooutt had ;furisdietion of the class of eases or proceedings to which the on^ at bar belongs, and therefore of the subject-matter of this proceeding, and had jurisdiction of the persons of the wards, is also conceded. Its jurisdiction was r^ularly invoked. In making the order of sale its jurisdiction was dufy exercised. As we have said, the sale was not \roid unless the omission to give a special bond rendered .the order of sale ineffectual; that is to say, unless the court lost jurisdiction of the subject-matter by the failure of 100 HUGHKB V. QOODALB. [Oct T/01 the guardian to execute a special sale bond, the plaintiff by the sale acquired title to the lands. No mere irr^ularity, how- ever great, can avail the defendant or his wards in such an attack as is here made. Such defect or irregularity cannot bo inquired into by means of a collateral action. The object sought to be attained by Section 387 is the pro- tection of the financial interests of the ward. For any loss which a decedent's estate may suffer by reason of the failure of an administrator properly to account for and pay over the pro- ceeds of a sale of land, the sureties on his general bond are certainly answerable. This appears by Sections 75 and 76, supra, and we perceive no reason why, under the statutes of Montana, any different rule should be applied to sureties on the general bond of a guardian. By Section 358 the guardian must execute to the minor a bond with sufficient sureties in such sum as the judge may order, conditioned for the faithful per- formance of his trust according to law. As appears from the quotation hereinbefore made, the following implied conditions form a part of the bond: ^'Second. To dispose of and manage: the estate according to law and for the best interest of the ward,- and faithfully to dischai^ his trust in relation thereto, and also in relation to the care, custody, and education of the ward. Third. To render an account, on oath, of the property, estate, and moneys of the ward in his hands, and all proceeds or in- terest derived thereform, and of the management and disposi- tion of the same, within three months after his appointment^ and at such other times as the court directs, and at the expira- tion of his trust to settle his accounts with the probate judge, or with the ward, if he be of full age, or his legal representa- tives, and to pay over and deliver all the estete, moneys, and effects remaining in his hands, or due from him on such settle- ment, to the person or persons who are lawfully entitled there- to." Among the po\vers and duties of the guardian are the following: To pay all debts of the ward out of his personal estate and the income of his real estate, but, if these sources are insufficient, then out of his real estate, upon obtaining an 26 Mont.] Hughes v. Qoodai^b. 4.01 order for its sale, ^'and disposing of the same in the manner provided in this title for the sale of reaV estate of decedents." (Section 367) ; he must, if the income and profits of the estate be insufHcient for the purposes, sell the real estate of his ward upon obtaining an order of the court therefor, and apply so mucb of the proceeds as may be necessary to the maintenance and support of the ward and his family (Section 369) ; and to sell the ward's real estate when it appears for the benefit of the ward to do so, and put the pi-oceeds out at interest or other- wdse reinvest the same (Section 377). These powers are con- ferred and these correlative duties are imposed upon guardians generally, to be exercised and performed whenever the condi- tions contemplated by the statute arise; in brief, whenever it appears either necessary or for the benefit of the ward that his real estate or some part of it should be sold, the court may grant an order therefor. (Section 386.) To obtain an order to sell, to sell and to accoimt for the avails of the sale ordered, is one of the general duties of the guardian. We think the sureties on such bond of the guardian are liable for any loss which the ward may suffer by reason of the guardian's failure faithfully to execute the duties of his trust, among which are those per- taining to sal^ of real estate, and that they are, consequently, liable for his default with respect to the proceeds of such sales. Section 402 of the Probate Practice Act, Compiled Statutes of 1887, authorizes the judge to require a new bond to be given by a guardian whenever he deems it necessary. He may at any time, even after sale, require a new or additional bond. These provisions illustrate the design and show the intention of the legislative assembly in enacting Section 387. This section pro- vides no penalty for the omission to require or give a special bond, nor does it declare that the order of sale depends upon the performance of such a condition subsequent Nowhere does the statute declare that if a special bond be not given the sale shall not be made, or, if made^ shall be void. It is not pro- vided that the order of sale becomes effective onlv when such special bond is given. In Stewart v. Bailey, 28 Michigan Re- 102 Huo^ra V. QooDAi^. [Oct. T.'Ol pQrts 251^ th^ 3tittui6 required a special sale IxmuI and prowii&l that in ease of an aetion rating to any estate sold by a gu^- ian in which t^e ward should contest the validity of the sale, the sale should not he avoided on account of any irregularity in the proceedings, provided it should appear, among other things, that the guardian gave a special sale bond. This was tantamount to declaring a sale made without bond to be void- able in such an action, an4 the court so held. The same stat- utes governed the decision in Ryder v. Flanders, 30 Michigan Reports, 336. The interpretation of similar statutes was in- volved in McKeever v. Ball, 71 Indiana Reports, 398 ; Weld v. Johmo7i Marmfactw^ng Campaupy, 84 Wisconsin Reports, 537, (54 N. W. 335, 998) ; in Bachelor v. Korb, 58 Nebraska Re ports, 122, (78 N. W. 485, 76 Am. St Rep. 70) ; and in Oold- smith V. GUliUmd (C. C), 23 Federal Reporter, 645. In Barbers Admirdjsiraiors v. Hopewell (Ky.), 1 Metcalfe, 2W, the statute in force provided that if the guardian failed to give the special bond the sale should not be made, and "any daer^^, sale, or conveyance thereof shall be void ;" and the oourt held that a sale of lands without giving tbe special bond rendered the sale a nullity as to the ward. These decisions, owing to the difference between our statutes and those under whioh thev were rendered, are not in pwnt Other casas seemingly in favor of the def aidant's position may readily be distinguished; for example, Williams v. Mortoii, 38 Maine Reports, 47 (61 Am. Dec. 229), holds that a conveyance of land by the guardian of a ward, under order of a court of probate, vests no title in the grantee unless the guardian shall have given the sale bond re- quired by statute ; but the court so held for the reason that in Maine the general bond of the guardian did not stand as se- curity for the proper application of the proceeds of a sale of real estate. Such was the condition, likewise, in Vanderburg V. Williamson, 52 Mississippi Reports, 233. This is also the basis of the decision in Lyman v. Conkey (Mass.), 1 Metcalf, 317. We are of the opinion that the omission of the oourt to r9- 26 Mont] Hughes v. GoodaubI lOu quire and of the guardian to give the special sale bond in the case at bar was a mere irregularity in no wise affecting or im- pairing the jurisdiction of the court which ordered and con- firmed the sale. As has already been said, the general bond of the guardian stands as security for the proper application of the proceeds of the sale; the court was clothed with power to ^itertain the petition praying for the sale ; it had jurisdiction of the subjectrraatter and of the parties ; it made the order of sale; the property was sold, the sale was confirmed, and a con- veyance executed. The statute omits to denounce as void, for want of a special bond, a sale made pursuant to such an order. The sale was not void. Many cases support this conclusion. In Palmer v. Oakley, 2 Douglass, 433 (47 Am. Dec. 41), the following language is used: ^^The last objection to the regu- larity of the proceedings by the guairdian in conducting the sale is, that the notice of sale given was insufficient, and was given before the bond was executed. The statute requires that, before making sale of any real estate by a guardian, a bond shall be given with sureties, and thirty days' notice of the in- tended sale. An oath is also required. The requirement in re- spect to the bond and notice is contained in a proviso, and may be considered as a limitation or restriction upon the authority to sell. But does the neglect on the part of the guardian to comply with these several provisions of the statute render the sale absolutely void, and can it affect the rights of an innocent bona fide purchaser, claiming through the decree authorizing the sale? I think tlie rights of such a purchaser, especially after the lapse of so many years, are not to be disturbed in consequence of the failure of the guardian to perform acts in pais subsequent to the decree of sale. The acts of the guardian are, in legal contemplation, the acts of the ward, whom he represents; and it cannot now be permitted to the warf to come in and allege the nonfeasance of his guardian, to disturb a title derived from him through such, his l^ally constituted, representative. All that a purchaser at judicial sale is bound to look to with a view to his protection is to see that the court 104 Hughes v. Goodals. [Oct T.^Ol by wham the sale was authorized was empowered to make the deoree. If the court had the power, the failure of the guardian, as in this case, to. fulfill certain directions which the law im- posed on her, should not and cannot prejudice the rights ac- quired by such purchaser. If the ward is prejudiced by any n^lect on the part of the guardian in the execution of the trust reposed in her, his remedy is upon her bond. It never could have been contemplated by the legislature that the validity of a sale should be made to depend upon the observance of those provisions of the law, which are in their nature directory to the guardian. If such a rule were to obtain, but fe^;^'^ purchasers would be found at judicial sales; for but few would incur the hazard of purchasing and paying their money when the pur- chase so made may, at the distance of ten or fifteen years, be held void, in consequence of a noncompliance by a guaydia-n with the lequisitions of the statute. Such a rule would also operate injuriously on the ward, as upon every sale made the purchaser would take into account the hazard he incurs. The best interests of infants require that no unneoessary obstacles should be thrown in the way of obtaining the best possible price f oi" their estates when soli If a wrong is done them by their guardians, they have a full and ample remedy. In the case of PerJciivs v. Fairfield, 11 Mass. 227, it was held that a failure by an administrator to give the bond required by the act of Massachusetts of 1783 before the sale of real estate of his in- testate would not invalidate a title derived through such ad- ministrator." In Bunce v. Bunce, 59 Iowa Reports, 533 (18 N. W. 705), the court said: "The remaining objections — ^the ^\ant of a sale bond, and the alleged want of approval of the sale — ^may be considered together. The statute provided that, before a sale can be executed, the guardian must give, security. (Revision, Sec. 2556.) The statute also required that the sale must be approved. (Id. Sec. 2558.) In the absence of a sale bond, it would doubtless be error to approve the sale; but, where jurisdiction has attached, and the sale has been approved, it cannot, we think, be successfully attacked in n collateral pro- :36 Mont.] Hughes v. Goodaub. lOH Hseeding by alleging the want of a sale bond. The question raised must be deemed to have been passed on^ and whether eorrectly or incorrectly, the court cannot^ we think, in a col- lateral action, inquire/' This was approved in Hamiel v. Dan- nelly, 75 Iowa Reports, 98 (89 K W. 210). The same doctrine or principle is announced in Perkins v. Fairfield^ 11 Massa- chusetts Reports, 227 ; Lockhart v. John, 7 Pennsylvania State Reports, 137; Merklein v. Trapnell, 34 Pennsylvania State Reports, 42, (75 Am. Dec 634) ; Dixey's Executors v. Laat- ing, 49 Pennsylvania State Reports, 143 ; Foster v. Birch, 14 Indiana Reix)rt8, ' 445 ; Dequindre v. Willia/ms, 31 In- diana Reports, 444. In Arrowsmith v. Harmonvng, 42 Ohio State Reports, 254, the court, in approv- ing Mavarr v. Parrish, 26 Ohio State Reports, 636, said : "The decision in Mauarr v. Parrish was right. The probate court had jurisdiction of the subject-matter, — i. c. it Was clothed with authority to order the sale of the lands of a minor on the petition of his guardian; and it is fair to say from the record that notice of filing the petition, provided for by the statute, had been served on the minor, before any order was made in the proceeding, in the manner in such statute pro- vided ; and hence, when the order of sale was made, and also when the sale was confirmed, the probate court had not only jurisdiction of the subject-matter, but also the parties. This being true, the order of sale and the order of confirmation, al- though they may have been erroneous, were not void. *The judgment or final order of a court having jurisdiction of the -subjectrmatter and parties, however erroneous, irregular, or in- formal such judgment or order may be, is valid until reversed or set aside, * * * within which rule the orders of pro- late courts are classed. (Shroyer v. Richmond, 16 Ohio St. 455.) If the judgment or order is erroneous, it may be re- versed; if it is irregular or informal, it may be corrected on motion ; in neither case, however, is it subject to collateral at- tack.' (Wehrle v. Wehrle, 39 Ohio St 365.) True, Mauarr v. Parrish is very briefly reported on the question we are consider- 106 Hughes v. Goodaub: [Oct T/01 ing. But the strength of an opinion is not to be determiaed from its length. Frequently cases are disposed of by the appli- cation of principles so firmly settled that the citation of authori- ties in support of them would be a work of supererogation. The judge delivering the opinion in Ma/uarr v. Paarish probably thought the case belonged to that class, and hence the brevity of the report; but the ground of the decision is clearly indi- cated,— ^that is, that, the court having jurisdiction of the sub- ject-matter and parties, the order of sale and the order of con- firmation, though they may have been erroneous, wetre not void> — and that is suflScient. The record and a brief on each side of the case have remained on file in this court, and we have iit> doubt that the question received the careful consideration, as in its decision, in the way stated, it received the concurrence^ of every member of this court. And althou^ cases in apparent opposition to MoAwa^r v. Paarish have been cited, yet nearly aU of them ar^ clearly distinguishable from it^ when regard is had to the statutes on which they were based ; and Mmwrr v. Ptur- risk is fully supported by Watts v. Cook, 24 Kan. 278 ; Bunce V. Bunce, 59 Iowa 533, 13 K W. 705 ; Lockhart v. John., 7 Pa. St. 137 ; Merhlem v. Trapnell, 30 Pa. St. 42 ; Appeal of Thorn, 35 Pa. St 47; Dixcys Ex'rs v. Lamng, 49 Pa. St 143." Watts V. Cooky 24 Kansas Reports 278, is also directly in point. The statute of Kansas (Comp. Laws 1879, c. 46. Sec. 15) provided that before any guardian's sale of lands "can be made or executed, the guardian must give security to the satisfaction of the court, the penalty of which shall be at least double the value of the property to be sold, * * * condi- tioned that he will faithfully perform his duties in that respect^ and account for and apply all moneys received by him under the direction of the court" It was said (Mr. Justice Brewer, Mr. Chief Justice Horton, and Mr. Justice Valentine, compos- ing the court) : "The authorities differ as to the validity of guardians' sales in the absence of security. Some hold such sales void (WUliams v. Morton, 38 Me. 47, 61 Am. Dec. 229), and others merely erroneous (Lockhart v. John, 7 Pa. St. 187 ; 36 Mont] State v. Wiutwohth. 107 Perkins v. Fairfield, 11 Mass. 227 ; Foster v. Birch, 14 Ind- 445). We are inclined to believe the latter the true rule. Pro- bate courts should cautiously obserye the provisions of the sec- tion quoted, and are greatly negligent in permitting sales on mortgages by guardians without security ; yet we cannot hold fhat the failure to give security deprives the court of jurisdic- tion. It is an error of a court having competent and full juris- diction, subject to reversal or avoidance by due proceedings. The absence of the security did not render the proceedings void, but only irregular." This case was approved in Howbert v. Heyle, 47 Kansas Reports 58 (27 Pac 116), although the judge writing the opinion entertained the view that the decision in Mauarr v. Parrish was against the great weight of authority. We are satisfied, upon region as well as by the wei^t of authority, that the provisions of Section 367 are directory, and hence that the sale was not void because the guardian omitted to give the special bond required thereby. The judgment must ther^ore be reversed and the cause remanded with directions to the court below to render judgment in favor of the plaintiff, and it is so ordered. Reversed and remanded. STATE, Eespondent, i'. WHITWORTH, Appeli-ant. m (No. 1,686.) (Sabmltted October 3, 1901. Decided November 25, 1901.) Criminal Law — Homicide — ProsectUion — Assistant Counsel — County Attorney — Evidence — Threats — Requested Instruc- tions. 2ft 1071 26 m\ 26 107 35 407 PpUtl^ Cpd^, 0€cs. 481 8| 4319, providing tb»t county ofl)cers, except county commissioners and Justices of the peace, may ax»point necessary deyvUss for tM Vf^m^Vi discharge of the dvties of tbe offices, bave no a^yU- 108 State v. Whitworth. [Oct T/01 cation to the appointment by the court of counsel to assist a county attor- ney in prosecuting persons charged with crime. 12. Where a criminal cause is remoyed to another county, the attorney of the county to which the cause is removed must prosecute it. 3. The statutes declaring who shall be charged with the duty of prosecuting persons charged with crime does not exclude power in the court to appoint counsel from members of the bar to assist in the prosecution. 4. In trial for murder it appeared that deceased had threatened to kill **any Missourian m the employ of V. who undertook to move hay on High Tower ranch," and had made other threats against Missourians so employed, and that defendant was a Missourian, and employed on said ranch; but the evidence also showed that at the time defendant struck the fatal blow he was not in immediate danger, but that he went up to deceased, who was standing in a threatening attitude over a friend of defendant, who was not shown to be a Missourian, and who was on top of, and was fighting with, a friend of the deceased. Held, that- it was not error to refuse to instruct that the jury should take such threats into consideration in deter- mining the nature of the attack made on defendant's friend, and what was the purpose of deceased and his friend in making such attack. 5. A court should not be captious or hypercritical and refuse an important requested instruction solely on the ground of verbal inaccuracy ; still it Is not the duty of the court to undertake, in all cases, the labor necessary to prepare and rewrite defective requested instructions which if correctly stateu might well be given in the charge. Mii. Justice Pioott dissenting in part. Appeal from Distill Court, Broadtvater Cowniy; F, K, Armr strong. Judge. William Whitworth was convicted of manslaughter, and appeals. Affirmed. Mr. William \yallace, Jr., for Appellant I. What county attorney prosecutes in Broadwater county? Section 1978, Penal Code, on removal, says the case must pro- ceed to trial and judgment as if begun there. Laws of 1899 (amending Section 4450 Political Code) say each county at- tx)mey must attend the district court, conduct all proceedings at all times and at all places vniMn his cowrUy. The italicised language represents one of the features accomplished by the amendment as shown by an examination of the original section. Under Section 1981, if removed as to part of defendants, dif- ferent county attorneys would try. Where as here the duties 26 Mont] State v. Whitworth. 109 of the officer are limited to his county or district, so are his rights; and where a case is transferred out of his county he doee not follow it (f/. 8. v. Winston^ 170 U. S. 522, 42 Oj- Op. Ed. 1131.) That a diflFerent practice has prevailed un- challenged can cut no figure, when the question is raised and the law plain. (Modoc Co. v. Spevtcer, 103 Cal. 498, 37 Pac. 483, 484.) II. May the court pennit a private attorney to represent the state in prosecuting a criminal charge? The following authorities hold that this may not be done: Bunnell v. State, 71 Wis. 444 ; Modoc Co. V. Spencer, 103 Cal. 498, 37 Pac. 484 ; People v. Hurst, 41 Mich. 328, 1 ^J". W. 1027 ; People v. Hendryx, 5S Mich. 319 'yMeister v. People, 31 Mich. 99 ; Commonwealth v. Knappf 10 Pickering 477, 482; Com^monwealth v. Williams^ 2 Gushing 682, 584; ComAnummealth v. Oibhs et al., 4 Gray 146; ConvmanweMJi v. Kmgy 8 Gray 501. Special statutes in some states authorize employment of private special counsel — in Iowa, by board of county commissioners (Hopkins v. Clayton Co., 32 Iowa 15) ; in Kentucky, by the attorney gen- eral (Hendrick v. Posey et al., 45 S. W. 525) ; in Nebraska, by the district attorney (8a/nds v. Frost Co.,' 4:2 Neb. 837). The same in Pennsylvania (Com. v. Shire, 178 Pa. St 409). By Subdivision 7 of Section 460 of the Political C!ode, the atComey general is required to assist the county attorney when required by the public service or when directed by the gov- ernor. And Sections 4318 and 4319, Political Code, provide fot the appointment by the county attorney, himself, in writ- ing, of an assistant, subject to allowance by the board of county commissioners. It would seem clear that our statutes are framed on the theory that public oflScers alone shall prosecute for crime aind th^t the county attorney of the trial county shall act in person, or by authorized assistant, duly appointed ; and that emergencies are provided for by authorizing the incoming 110 State v. Whitwoeth. [Oct T.'Ol of the attorney general as needed. It is not intended to deny the inherent power of a court, finding itself without a prose- cuting officer, to supply one temporarily, but no such question as that is here presented, because the county attorney was in court, had been conducting other business, — only said he was not feeling well, in his own affidavit^ and actually remained and prosecuted the case. A^ to the instructions, the following principles are laid down; (a) "It is the right of the parties to have the jury in- structed on the law applicable to the case clearly arid pointedly, so as to leave no reasonable ground foi^ misapprehension or mis- take. And it is the dvJty of the judge when requested to give in the charge any requested instruction which is correct, as a proposition of law, and applicable to the issues.'' {People v. Jacks, 42 X. W. 1135 ; Pwrher et al v. State, 35 K E. 1105, 1108; People v. Taylor, 36 Cal. 256, 266; 11 Enc. PL & Pr. p. 213, 214 and cases.) As especially applicable to this kind of case see also : People v. Payne, 8 Cal. 348, 344 ; Tovmsend v. Briggs, 34 Pac. 117. The court must correct inaccuracies in offered instructions and charge on the pi^positions embodied. {Connors v. State, 2 N. W. 1143.) (b) The charge as given must cover every phase of the evidence. (11 Enc. PI. & Pr. 191, 193, and cases; Perry v. State, 44 Tex. 478, referred to; Martin v. The State, 47 Ala. 564.) (c) Offered instructions 3, 4 and 7 deal with phases of question of occupancy and im< materiality of title not covered by the charge. Eck^ correctly states the law. On immateriality of title: Sims r. State, 44 S. W. 622; People v. Payne, 8 Call. 341. On oocupan<y «iid forcible tearing down : People v. Payne, 8 Call. 841, 343, 344 ; The People v. Homshell, 10 Cal. 83, 88 ; Sims v. State, 44 8. W. 526. Particularly as to offered instruction No. 4 : Btdte d B, Can. Mng. Co. v. M. 0. P. Co., 60 Pac (Mont) 1043. (d) Offered instructions Xoe. 10 and 17 deal with above ai»d also declare whose duty it was to retreat and whose right it was to stand their ground, under supposed facts within the evidence in the case, a matter not directly charged on elsewliere, and 86 Mont] State v. Whitworth. Ill which was so vital to defendant that there should have been no chance left for any misapprehension by the jury. They correctly state the law in this regard. (Wallace v. U. S., 162 XL S. 474; Townsend v. Briggs, 34 Pac. 117.) They must form a part of the charge. (State v. Rolla, 55 Pac. 524; Connors v. State, 2 X. W. 1143.) The statute itself has recf^nized the importance of advising the jury whose duty it is to retreat and whose right it is to stand, in other words, who may lawfully make resistance, and who nlust yield and give way because in wrong. (Sections 1411 and 1412 of the Penal Code,) The defendant was entitled to be where he was. The de- ceased and his companion were engaged in a willful and forci- ble trespass upon the property of appellant's employer which had been put expressly in his charge, and it was vitally im- portant to him to enable the jury to clearly judge his case that there should be no uncertainty in their minds as to who had the right to stand their ground and resist and whose duty it was to yield, fall back and give way, and the court did not in this case make this matter clear and certain to the jury, as the oflFered instructions 10 and 17 would have done. (e) Offered instruction No. 23 deals with the law as to de- ceased's threats, which was wholly omitted from the charge of the court. Mr. James Do7U)van, Attorney Oeneral, for the State. MR. JUSTICE MILBURN delivered the opinion of the court. This case is before the court upon appeal from the judgment and the order denying a motion for a new trial. The defendant was charged with the crime of murder in the first degree, alleged to have been committed in Meagher county. A change of venue was had to Broadwater county. The accused was convicted of the crime of manslaughter. The coimty attoi*- ney of Broadwater county prosecuted the action, and over the 112 State v. WniTwoRTir. [Oct. T/Ot objection of the appellant the county attorney of Meagher county and Max Waterman, Esq., attorney at law, assisted in the prosecution as of counsel for the state. The evidence in the case is as follows : The deceased, Will- iam Cameron, was mortally wounded by the defendant on Janu- ary lY, 1900, on the ranch of one Van Camp, in Meagher county. Van Camp had occupied the premises peaceably and without dispute for over five years prior to August, 1900. "The- place was entirely inclosed by a fence built by Van Camp, who . had also built, used and occupied thereon during the same- period a cabin, a sheep corral, a sheep shed, a hay corral and' a stable ; cutting the hay each year and feeding it to his sheep • and horses, and occupying the shed and corral with his sheep » at the usual seasons of the year. In August, 1899, while Van: Camp was cutting hay, the deceased entered the fenced inclos-- ure, and about seventy yards from the sheep corral pitched *x tent, and proceeded, with the aid of one Johnson, to build a cabin. On October 5 the deceased and his father took down some poles from the Van Camp sheep corral and piled them in front of the sheep-shed door. When Van Camp's sheep came- up, a "word row" occurred between deceased and defendant, in the course of which the defendant, using an opprobrious epithet, said, "If you persist, you will be put in a wooden box."" At his dinner table, about November 20, defendant stated,. "Deceased better be careful, or he might be carried off in a box." On January 15, 1900, at one Blethen's blacksmith shop, he said, "Cameron was liable to be out of there in a box." On the evening of January 16, defendant and one James Han- vey, both employes then and there of Van Camp, were engaged in feeding the horses and milking the cows at the stables and corrals of Van Camp ; the sheep feeding outside. At this time • deceased and Johnson, having a few minutes previously fired a rifle shot from their cabin, started across to the Van Camp' sheep corral, carrying an ax and a hatchet, for the purpose, as . the deceased said, "of tearing it down." As soon as they ar- rived at the corral they began to chop posts and remove poles. , 26 Mont] State v. Whitwobth, 113 Defendant and Hanvey (the latter putting do^vn an oat sack which he was carrying to feed the horses) urged Cameron and Johnson several times not to tear down the fence, deceased say- ing that he would tear it down ; and he and Johnson continued their work of destruction. Hanvey picked up a corral stake about three feet long and two inches thick, and leaned on it. He and Johnson said each to the other that he could "lick him." Johnson "gave Hanvey the lie;'' defendant saying, "Go for him, Hanvey.*' The two started for each other, Hanvey strik- ing Johnson on the elbow with the club ; and then, he dropping it, they clinched ; Johnson backing a few steps and falling on his back, with Hanvey on top; the latter's face beginning to bleed as they fell. Cameron ran up to where they fell, and stood near their heads, in a "striking position." At this time the defendant, having picked up the club, went toward the other three, and, facing Cameron, struck him with the club on the side of the head, and, turning, also struck Johnson on the head with the club, as he lay uix)n the ground. One Hanvey testified that he was near the center of the corral, about fifty feet away from the defendant and the deceased, and was going toward them, and that he told the defendant not to strike the deceased or Johnson, who was then on the ground, under Hanvey. The defendant then started rapidly away across the corral; Hanvey getting up and following him, with his face and head bleeding freely. The defendant told Harvey that he struck the boys because ho "could not bear to see them cutting Jim up so." Harvey saw a ridge about the size of a finger across the center of the first joints of Hanvcy's fingers, which Hanvey said was caused by a knife of some kind. Cameron died the next day from fracture of the skull. At the time the lie passed between Hanvey and Johnson, the defendant picked up the ax and hatchet that deceased and Johnson had brought, and threw them out of the way, on top of the roof of the sheep shed. In defense it was testified that all the defendant had said in the October 5 altercation was that he "could lick deceased on less ground than it would take to bury him on, or that he stood Vol. XXVI-8 114r State v. Whitwobth. [Oct. T.'Ol on," and that during November, after the 7th until the 29th, defendant was not at the Van Camp home ranch, where testi- mony tended to show that he on November 20 made a threar against deceased. The defendant also denied all other threats. It also appears in evidence that deceased in August, 1897, had threatened to kill any "damn Missourian in the employ of Van Camp who undertook to move a load of hay on the "High Tower Ranch." Tlie Van Camp ranch was known as the "High Tower Ranch." The defendant was from Missouri. He weighed about 115 poxmds, and was about 5 feet and 5 inches high. Deceased was about 5 feet and 10 inches in height, and weighed about 140 or 150 pounds. Johnson was 5 feet and 9 indies high, and Hanvey 5 feet and 6 inches in height. This alleged threat was communicated to the defendant long before the day of the homicide. Johnson had iU will against Van Camp, and a few days before the day of the killing said that "if Van Camp did not quit keeping Missourians around him, he would lick the whole bunch of them, and take the first chance he got to do it" It was assumed that the rifle shot was fired by deceased in the direction of the defendant and Hanvey when near the High Tower cabin, because they heard the bullet whistle ; John- son testifying that deceased was shooting at some magpies that were around the house. It also appears in evidence that the defendant at the beginning of the quarrel picked up the hatchet, only throwing ^t on the shed, and that he and Hanvey repeat- edly asked deceased and Johnson to quit tearing down the cor- ral ; saying that they wanted to put the sheep in it that night. Defendant and Hanvey testified that deceased and Johnson wore mittens, and gloves underneath, and had knife bladee or some sharp instrument fastened to the back of their hands, un- derneath the mittens. The testimony for the defense was also to the effect that, as Johnson and Hanvey fell> Cameron, who was 34 feet away, grabbed the ax and started toward them. Defendant jumped up and wrenched the ax from his hand as he was raising it, and threw it on the shed. Deceased then grabbed the club or stake, and defendant quickly jerked that 2^6 Mont] State v. Whitwobth. 115 from his hand, saying it must be a fair fight Deceased then went to the heads of the men on the ground, and was "in the attitude of striking" at Hanvey from the side; Johnson strik- ing from below. Defendant, Hanvey and Harvey testified that Hanvey was bleeding freely at the time defendant went over to the spot where deceased was, and struck Johnson and de- ceased each a blow with the club. It was also shown in the testimony for the defense that there were four cuts about the head of Hanvey, evidently made by some sharp instrument, still bleeding after a trip of 20 miles to another Van Camp ranch, — the bandages around the head being saturated with blood, — and that the wounds on the head bled a great deal dur- ing the night. Dr. Kumpe, a practicing physician, testified that he examined th^ head of Hanvey eight days after the kill- ing, and could only find two small wounds, mere scratches, neither of which cut through the skin, and that, in his opinion, they were not made with a knife; that they looked more like pin scratches. The first and second specifications are: (1) "The court erred in permitting the county attorney of Meagher county to prosecute the action, against the objection of appellant;" and (2) "the court erred in permitting Attorney Waterman to prosecute on behalf of the state in said action, against the ob- jection of the appellant" It appears from the record that the county attorney of Broadwater county appeared in open court and asked that the county attorney of Meagher county and Max Waterman, Esq., be appointed to assist him in the trial of the cause, at the same time filing his a£Sdavit setting forth that he (the county attorney of Broadwater county) was then and there physically unable to assume the entire burden of the prosecution; and the court, finding that the attorney general was absent from the county of Broadwater, and that the cause was then ready for trial, granted the motion of the said county attorney of Broadwater county, and said county attorney of Meagher county and the said Max Waterman, Esq., were then appointed by the court to assist in the prosecution of the cause, 116 State v. Whitwobth. [Oct T/01 and the objection of tlie defendant to the appearance of said parties as assistants to the county attorney of Broadwater county was then and there overruled. At the time of the mak- ing of the defendant's objection, his counsel made and filed the afiidavit of said coimsel to the effect that the county attorney of Broadwater county was not sufficiently ill to prevent him from giving the necessary attention to the case. It appears also that the said Waterman had been, before the defendant's pre- liminary examination in Meagher county, employed by the chairman of the board of county commissioners of Meagher county as special counsel to assist in prosecuting the chaise, and had appeared for the state at said examination. It does not appear that any one of the three attorneys appearing for the state had received or been promised any compensation by any one whomsoever, except possibly such compensation as may be inferred as promised because of the employment of Mr. Waterman by the chairman of the board of county commis- sioners of Meagher county. Defendant's counsel, in his argument^ inquires : Firsr^ "What county attorney prosecutes in Broadwater county ?" and, second, "May the court permit a private attorney to represent the state in prosecuting a criminal charge ?" In the light of the provisions of the Penal Code pertinent to the matter, it is apparent what answer must be given to the first question ; that is to say, the county attorney of the county to which the cause is removed must prosecute^ in the same man- ner as if the action had been begun in that county. Counsel cites a large number of authorities tending to show that the court may not, over the objection of the defendant In a criminal action, permit a "private attorney" to represent the state in the prosecution. Examination of these authorities not only shows that they are not relevant to the question raised in the record at the time of the objection of the defendant to the appearance of the assistant attorneys, but at least one of them. Commonwealth v. Knappj 10 Pick. 477, 20 Am. Dec. 534, even fails to support the proposition advocated by counsel for de- 26 Mont.] State v. Whitwobth. 117 fendant, — that the statute which declares who shall prosecute excludes the appointment of other attorneys by the court over the objection of the defendant; the case referred to being one wherein Mr. Webster was allowed to appear as counsel for the prosecution, over the objection of the defendant, upon the re- quest of the prosecution. It is not necessary to pass in tfiis opinion upon the question asked by the counsel, for it does not appear that the county attorney of Meagher county or Mr. Watennan,*in any wise, in this case, was a "private attorney." A private attorney, as in the view of the courts whose opinions are cited by counsel, is an attorney employed by, and in the interest of, private persons, and not paid out of public funds. He is one who has a special interest in the securing of a con- viction, being employed by private persons to prosecute. He is not one who, like a public prosecutor, is presumed to do his duty in an earnest and faithful manner, impartially, and with the sole purpose of presenting the whole truth to the court and jury, both as to law and facts. We do not find anything in the record to show that either of the two assistant counsel appointed by the court was employed in. the interest of any private person. It is contended by counsel in the argument that the county may have assistance only as provided in Sections 4318 and 4319 of the Political Code, except that the attorney general may appear, and that the court, when it finds itself "without a prosecuting officer," may "supply one temporarily." The two sections of the Political Code do not apply, as they are intended to provide for as many deputies in the office of any county offi- cer, except a county commissioner and a justice of the peace, "as may be necessary for the faithful and prompt discharge of the duties of his office." It is obvious that these provisions do not pertain to the appointment by the court of such assistant counsel as it may think necessary in the prosecution of any particular criminal case, when, in the opinion of the court, owing to the physical weakness of the county attorney, assist- ance is needed. We think the great weight of authority is in support of our 118 State v. Whitwoeth. [Oct T/01 opinion that the court may legally, in its discretion, appoint counsel from the members of its bar to assist the prosecution, over the objection of the defendant, and that no error was made by the court in the present case in the matter. In support of our position that the statute declaring who shall be (charged with the duly of prosecuting persons charged with crime does not exclude the power of the court to appoint as- sistant counsel, we refer to the numerous citations in Tvll v. State ex rel. Olessner, 99 Ini 238, wherein the court says that: ^^The people do not surrender the right to employ just means of prosecuting criminals by choosing an oflficer and charging him with the special duty of prosecuting the pleas of the state. * * * The community does not avow that it will not em- ploy counsel to assist him when the occasion demands/' Nu- merous other authorities might be cited. Defendant also complains that the court erred to his preju- dice in refusing to give to the jury six certain instructions prayed for by him. Three of them, numbered 3, 4 and 7, deal with phases of a question of occapsucy of the land upon which the killing occurred, and the immateriality of the title to the lands in the case; counsel claiming that the points were not covered by the charge. There was no testimony as to who held or pretended to hold title to the premises. The charge, as given, sufficiently covers the rights and privileges of the de- fendant in relation to the place where the homicide was com- mitted. As to requested instructions 10 and 17, defendant assigns error in their refusal, and says that they "declare whose duty it was to retreat, and whose right it was to stand their ground, under supposed facts within the evidence in the ease, — a mat- ter not directly charged on elsewhere, and which was so vital to defendant that there should have been no chance left for any misapprehension by the jury;'' also that they touch upon the points raised in instructions numbered 3, 4 and 7. The charge states the right of the employes of the owner of the property (they being the defendant and one other) to defend the prop- 26 Mont] State v, Whit worth. 119 erty with necessary force. The reasonable and palpable deduc- tion from the language of the charge is that the defendant and his co-employe, Hanvey, had the right to stand their ground on their employer's premises, and defend the propei*ty and themselves. The apparent conclusion to be drawn by any rea- sonable man from the charge is, besides, that the deceased had no right or business on the premises if the jury believed "the supposed facts within the evidence ;" that is, the allegations of the defense that deceased and his comrade were trespassing upon the premises and engaged in destroying the property of the defendant's employer, in charge of which defendant was. Those paits of these two refused instructions which correctly state the law, and should be given in such a case as the one at bar, in our opinion, are suiBciently covered in the charge. The defendant's refused instruction No. 23 is as follows: "As to threats by deceased, it is in evidence that a threat gen- erally directed toward Missourians was made in connection with the High Tower ranch. If you find that the defendant belonged to the dass mentioned, you should take into consider- ation such threat, if you find it proven, in determining what the nature of the attack, if any, made by the deceased upon Hanvey, was, and what the purpose of Johnson and deceased was in making such attack." The evidence shows that, at the time the defendant struck Cameron the fatal blow, he (defend- ant) was not in any immediate danger, but that, as indisputa- bly appears in evidence, he went up to deceased and Johnson ; Hanvey then being on top of Johnson, who was lying upon the ground; the deceased^ standing at the heads of the two, in an attitude threatening to Hanvey. It appears in evidence that the defendant was a Missourian. There is nothing tending to show that Hanvey was from Missouri. The alleged threat of deceased toward Missourians would not tend to indicate "the nature of the attack, if any, made by the deceased upon Han- vey," or "what the purpose of Johnson and deceased was in making such attack" upon Hanvey. We note that coimsel contends that "the court must correct 120 State v. Whitwobth. [Oct T.^01 inaccuracies in offered instructions, and charge on the propo- sitions embodied," and in support of this cites Conner s v. Staie, 47 Wis. 623, 2 K W. 1143. Examination o£ this case shows that it cites as authority State v. WUner, 40 Wis. 304, wherein the court held that it could not sustain a judgment of conviction of a high crime; an important instruction having been refused solely on the ground of verbal inaccuracy. In that case the defendant asked for an instruction to the effect that "* * * insanity, once proved to exist, is presumed to exist until the presumption is overcome. * * *" The ' court thought the w^ord "insanity" was too broad, and should have been qualified by the lower court, and the instruction given as thus modified. In other words, it was rightly held that a court should not be captious or hypercritical, and in this we agree ; but it is not the duty of the court to undertake the labor and research necessary to prepare and write instructions, in all cases, where the counsel has in a proposed instruction, embody- ing, perhaps, argument, ambiguous language, misstatements of fact, or palpably incorrect statement of law, merely suggested certain principles which, if correctly stated, might well be given in the charge. We do not mean to say that the refused instruc- tions in this case should be characterized as the above language might imply, but we merely wish to be understood as saying that the refused instructions could w^ell be refused for sufficient reasons other than that they w^ere verbally inaccurate. The instructions given \vere favorable to the defendant, and were clear enough to be understood, we think, by a juror of average intelligence, and, further, we think they covered suffi- ciently such appropriate points as were raised in the refuse-l instructions. The judgment and the order denying the motion for a new trial are affirmed. Affirmed. Mr. Chief Justice Brantly: I concur. 26 Mont] State v. District Coubt. 121 Mb. Justice Pigott: I concur with the majority of the court in holding that ttere was no error in permitting counsel to assist the county attorney ; but I am not satisfied that the matters contained in prayers for instructions 10 and 17, touch- ing the right of the defendant and Hanvey, under supposed facts which the evidence tended to establish, to stand their ground, were sufficiently covered by the charge, nor is it clear to me that refused instruction 23 was irrelevant I am inclined, therefore, to think that there should be a reversal. This con- clusion has been reached after much doubt and hesitancy, for I appreciate the force of the opinion upon these questions. «TATE EX BEL. STATE BOARD OF MEDICAL EXAM- INERS, Relatob, v. DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT, DEPART- MENT NO. 2, Defendant. (No. 1,738.) (Submitted November 25, 1001. Decided December 2, 1901.) Courts — Jurisdiction — Physicians and Surgeons — Right to Practice Medicine — Examination — Refusal of Medical Board to Grant Certificate — Right to Practice Pending Ap- peal. "Whetber acting under Its general conatitntlonal powers or as exercising a special and limited jurisdiction derived exclusively from the statute (Political Code, Sec. 603), tbe district court has no power to allow an applicant to practice medicine pending bis appeal from a refusal of the state board of medical examiners to grant him a certificate. Application for a writ of certiorari by the state, on rela- tion of the State Board of Medical Examiners, against the Eirst Judicial District Court, Department No. 2, in and for Xewis and Clarke County, to annul an order allowing a peti- tioner to practice medicine pending an appeal. Order annulled. Mr, James Donova/n, Attorney General^ for Relator. Mr, R. 8. Stockton, for Defendant 26 f38 122 State v. District Court. [Oct T/01 MR CHIEF JUSTICE BEANTLY delivered the opinion of the court ■ Application for writ of certiorari. The board of medical examiners of the state of Montana was organized nnder the provisions of Article XVI, Part III, Title I, Chapter III (Sees. 600-608) of the Political Code. It has power to grant certificates of proficiency to persons who desire to begin the practice of medicine or surgery in any of their branches in this state ; and to this end it is its duty, among other things, to hold meetings at the city of Helena on the first Tuesday of April and October each year, and at such other times at the same or any other places the board may choose, for the purpose ot ascertaining the proficiency of all applicants for such certifi- cates. Any person is deemed to be proficient who is possessed of a diploma from a medical school l^ally organized and in good standing, whose teachers are all graduates of a legally organized medical school, provided he is able to pass an ex- amination upon the subjects enumerated in the statute and on such others as the board may think necessary; and provided, also, he can present evidence that he has attended four courses cf lectures of at least six months each. The board is empow- ered to refuse a certificate to any applicant who, in its opinion, does not show himself proficient, or who, upon an investigation after charges preferred, is found to have been guilty of unpro- fessional, dishonorable or immoral conduct. On the ground last mentioned, and after a similar investigation, the board may also revoke a certificate already granted. In all cases of a re- fusal or revocation of a certificate, the person aggrieved thereby may appeal from the decision of the board to the district court of the county in which the decision is made, and the court may affirm or reverse the action of the board, according to the facts as they are made to appear. The possession of a license or cer- tificate is made a prerequisite to engaging or continuing in the practice of medicine or surgery by any person, except a mid- wife of skill and experience^ a commissioned surgeon of the 26 Mont] State v. District Coubt. 123 United States army or navy while in the discharge of duty, or a physician or surgeon from another state or territory while in actual consultation. If, during the time intervening between the. sittings of the board, a person desires to begin practice, he may do so after obtaining a certificate from the secretary of the board, who has power to issue the same, upon presentation to him of a diploma meeting the requirements stated above. This certificate is good until the next regular meeting of the board. A violation or disregard of these provisions of the statute is denounced as a misdemeanor, and subjects the of- fender to the penalty of a fine or imprisonment, or both, at the discretion of the court having cognizance of the offense. On October 1, 1901, one J. F. Grinstead presented his di- ploma to the said board, then in regular session at Helena, and asked that he might be permitted to submit to the required ex- amination. He was allowed to begin the examination, but dur- ing the course of it, as was alleged by the secretary of the board, he was detected in the use of certain notes and memo randa to aid him in answering the questions propounded, and thus to obtain an undue advantage over the board and the other candidates then being examined. He was thereupon denied the privilege of continuing the examination. A charge was preferred to the board by its secretary, accusing him of "un- professional, dishonorable and immoral conduct," the specifi- cation being that he had been detected in the use of said notes and memoranda for the' purpose stated. After written notice, and an examination by the board into the facts, he was found guilty and refused a certificate. He immediately appealed to the district court of Lewis and Clarke county, and thereupon applied to that court for an order permitting him to engage in the practice of his profession until a hearing could be had upon the merits. The judge required him to submit to an examina- tion in open court as to his qualifications, and tiiereupon made the following order : "Upon reading and filing the petition of J. F. Grinstead, praying that he be authorized, during the pen- dency of the appeal taken by him in the above-entitled pro- 124 State v. Distkict Coubt. [Oct. T/01 -ceeding, to practice medicine and surgery in the state of Mon- tana, and after having duly considered the same, I do hereby authorize and empower the said J. F. Grinstead, petitioner, to practice medicine and surgery in the state of Montana pending the said appeal." It is sought by this proceeding to have this order annulled on the ground that it was made in excess of jurisdiction. The only question presented is whether the district court having jurisdiction of the appeal has also the power to make the order complained of, and thus to grant to the appellant, pending a hearing, immunity from punishment for doing that which the statute denounces as a misdemeanor. Section 603 of the Political Code, after providing gener- ally that an ap|)eal may be taken from the decision of the board refusing or revoking a certificate and regulating the procedure to be observed upon a trial of the merits, closes with the fol- lowing provision : "In case of an appeal from a decision revok- ing a certificate the appellant may be permitted, in the discre- tion of the court, to practice during the pendency of the ap- peal." It is silent as to the power of the court in cases in which the board refuses a certificate. Counsel for the defendant, as we understand him, assumes the position that the district court is a court of general juris- diction; that the right to practice medicine and surgery is a natural right; and that the court having jurisdiction of the appeal, also has the inherent power, in the absence of an ex- press prohibition to the contrary, to permit the appellant to exercise this natural right until it is determined by a trial upon the merits that he does not possess the requisite qualifications. The attorney general argues that the jurisdiction conferred by the statute over these appeals is special and limited, and that the district court, in the exercise of it, has no other powers than those expressly given. It follows, therefore, he says, that^ as the statute nowhere in express terms authorizes the court to grant permission to practice pending the appeal in this class of cases, the order in question was without jurisdiction and void. 26 Mont] State' V. District Couet. 125 It may be stated, as a general proposition, that every person has a natural right to pursue any lawful business or profession. This general statement is subject, however, to the limitation that the person asserting such a right must, before attempting to exercise it, comply with all reasonable police regulations made by the state touching the qualifications declared neces- sary for the particular calling. In the absence of such regu- lations, the right is absolute, and may be exercised at pleasure ; but where they exist compliance with them is a condition pre- cedent, and until this condition is fulfilled the right is in abey- ance, and may not be exercised at all. The power to ascertain, in the first instance, whether this condition precedent has been fulfilled, and to declare that the right may be exercised, is therefore, in a qualified sense, a power to create and grant the right. Under the constitution district courts have jurisdiction extending to all classes of cases- therein enumerated, and to all special actions and proceedings- not otherwise provided for, as well as to appeals from justices' and other inferior courts in such cases as are provided for by law and consistent with the constitution. Yet they have no power to create a right where none exists, or to permit the ex- ercise of existing ones contrary to law. Their powers are con- fined to the ascertainment of existing rights, and the enforce- ment of them when so ascertained. It is the exclusive province of the l^slature to declare the law regulating the rights of citizens. So long as it does not violate any provision of the constitution, its will is absolute. It is the province of courts to enforce the law, and they have no power to disregard it, or to suspend its operation, except in the cases and upon the con- ditions expressly declared. In this case no question is made as to the power of the legislature to create the board of medical examiners, and to define its powers ; nor is any complaint made that any of the prescribed regulations are unreasonable. Such legislation has always been upheld as a wise exercise of the jjolice powers of the state, and necessary to the protection of the public. This is particularly true of a calling or profession 126 State v. District Coubt. [Oct. T/01 which requires technical knowledge and skill. Without such knowledge and skill in the practitioner, there is danger that damage will result to those who employ him. Therefore one may be prohibited from pursuing such a calling or profession until he has been examined by the lawfully constituted authori- ties, and declared sufficiently qualified to engage in it with safety to the public. The legislature, in the exercise of its legitimate power, has prescribed the conditions precedent upon the fulfillment of which one may begin and continue the practice of medicine and surgery, and has prohibited it in all other cases. It has also established the board of examiners, whose province it is, in the first instance, to declare whether these conditions have been observed, and made the determination of the board final, subject only to revision by the courts for errors and abuses. The courts, therefore, have no power to suspend the operation of the will of the legislature thus declared, and usurp the author- ity lodged in the board. To do this would be equivalent to an exercise of the exclusive functions of the legislature and of the board. This the courts may not do, even though a violation of the statute was not denounced as a misdemeanor. As it is, the prohibition directed to the individual citizen is as much a limit to the power of the court as if it had been expressly provided that the court should not grant permission to pursue the prac- tice pending the appeal in this class of cases. For obvious reasons the legislature deemed it proper, in a case where a certificate has been revoked, to authorize the courts, in their discretion, to grant the appellant permission to prac- tice pending his appeal. In his case the conditions precedent have all been fulfilled. His right has accrued. He has, per- haps, by his energy and application, built up a profitable prac- tice. It is the means of support for himself and family. This should not be taken away without good cause. It is therefore but just that he be permitted to exercise his right until it is finally adjudged that ho has forfeited it ; especially so, if it is made to appear prima facie that the forfeiture has been de- 26 Mont] State v. District Coubt. 127 clared upon doubtful evidence, or from bad motives on the part of the board. In case of an applicant for a certificate in the first instance no such reason exists. No right has been estab- lished. Xo practice depends upon his' attention. He will suffer no immediate material injury if the certificate be withheld for a reasonable time until he can demonstrate that the action of the board in denying it was arbitrary or erroneous. The bur- den is upon him to establish his right. In the other case the burden rests upon the state represented by the medical board. The statute recognizes this clear distinction between the two classes of cases, and the intention of the legislature in this re- gard is manifested by the explicit provision touching the former and its silence touching the latter. The principle contained in the maxim, ^^Expressio vmus est exclusio alterms," clearly ap- plies, and the order was clearly unauthorized, whether the dis- trict court be regarded as acting under its general constitutional powers or as exercising a special and limited jurisdiction de- rived exclusively from the statute. It was not within its power to insert in the statute what was omitted therefrom by manifest intention, and thus to grant a right expressly prohibited. Counsel for defendant suggested during the argument that, though the order be held to be in excess of jurisdiction, it should not be annulled in this proceeding, because it is mani- fest that it will not result in injustice or wrong to any one. In support of this suggestion he cited Meads v. Belt Capper Mmes (Mich.), 84 N. W. 616. Conceding that we might, in our discretion, refuse to issue the writ in the first instance in a case where it is apparent that no injustice would be done, or dismiss the proceeding on this ground after the writ has issued and the record of the district court has been certified up, thc ease cited is not in point. The relator herein, as such, would suffer no injustice if the order were permitted to stand. The people;, however, have a right to have the law administered according to its manifest spirit and purpose. To disregard this right would be to permit a public wrong, and to set aside the will of the people as expressed through the legislature. 128 Snook v. City of Anaconda. [Oct. T.'Ol A judgment may therefore be entered annulling the order at the cost of defendant. Order annulled. 26 128 «26 142 26 441 26 1» 29 329 26 128 31 621 26 37 I 128! 572 SXOOK, Eespondent, v, CITY OF ANACONDA, Appellant. (No. 1,348.) (Submitted October 10, 1901. Decided December 2, 1901.) Municipal Corporations — Cities — Defective Streets — DuJy of City — Liability — Personal Injury — Negligence — Pleading — Damages — Ev idence — Instructions. 1. a city organized under Compiled Statutes 1887, General Laws, Fifth Di- vision, Chapter XXII, being authorized to provide means by taxation to- _ improve its streets, and by Section 325 to establish and improve streets, and by Section 435 given exclusive control of its streets, is responsible for damages occasioned by reason of its negligently permitting its streets to become and remain in a dangerous condition. 2. In an action for damages occasioned by a defect in a street, it is only where the complaint shows that the proximate cause of the injury was the plaintiff's own act, that plaintiff must allege (and prove) that in thus act- ing he was free from negligence. 3. Where, in an action against a city for damages resulting from a defective street, the complaint, after alleging defendant's negligence, alleges that the injury was received "without fault or negligence on plaintiff's part," con- tributory negligence is a matter of defense. 4. Where, in an action against a city for damages resulting from a defective street, it is admitted that the city, through its mayor and council and police, had personal knowledge of the defect before the accident, the error, if any, in admitting evidence that the overseer of streets said several days after the accident that he knew of the defect, and had intended to repair It, was without prejudice. 5. In an action against a city for injuries resulting from a defective street, questions asked defendant's overseer of streets as to its rules in relation to doing street work on Sunday were properly excluded. 6. Where a bridge in a city street is destroyed, the duty of the city to repair the street or give warning of the danger to travelers is not affected by the fact that the day after the defect was caused happens to be Sunday. 7. In an action for injuries resulting from a defective street, a charge that the Jury may take into consideration as an item of damages the probable- consequences, so far as proved, of the personal injuries received by the^ plaintiff, if any are proved, is proper. 26 Mont.] S^'ooK v. City oj Anaconda. 129 Appeal from District Court, Deer Lodge County; Theo. Brantly, Judge. Action by George A. Snook against the City of Anaconda. From a judgment for plaintiiF, defendant appeals. Affirmed. Mr. T. O'Leary, Mr. J. R. Boarman and Mr. H. R. White- 7n7i!. for Appellant. I. The court eired in overruling the demurrer to the complaint. One of the grounds stated is : "That the complaint does not- state facts sufficient to constitute a cause of action." As will be seen on an examination of the complaint and statement of the case. The action is brought by a private individual against a municipal corporation, claiming damages for the neglecit of a public duty by the corporation. The exact question raised in this demurrer was before this court in the case of Sullivan v. City • of Uelena, 10 Mont. 134. But it cannot be said that the question was then definitely settled by the court on a fair investigation of the merits of the controversy. Chief Justice Blake in his opinion says: ^^We already intimated that we do not intend to enter upon the difficult task of pui^uing an independent in- vestigation and ascertaining the true principles of law in deter- mining the effect of statutes upon decisions. Our opinion is controlled by an important consideration of another nature.'' The consideration referred to by the learned judge was that the decision of Nebraska City v. Cam^pbell, and Barnes v. Dis- trict of Columbia, by the Supreme Court of the United States^ Avere binding upon the courts of the territory, nor was the ques- tion considered in the case of Sweeney v. City of Butte, 15 Mont 274. In this case the court says: "One ground for the motion of a new trial was that there was no statute in this state making municipal corporations liable for injuries such as plain- tiff complains of. This proposition, however, was upon the Vol. XXVI-9 130 Snook v. City of Anaconda. [Oct T/01 argument abandoned by the appellant.'' The action in the case of Sullivan v. City of Helena was for injuries received August 29, 1888, and the case was filed December, 1888. The injuries sustained by plaintiff were by reason of an excavation in one of the streets, which excavation was made by permission of the building committee of the city council of Helena. The action in the case of Sweejiey v. City of Butte, was for injuries received by the plaintiff falling through a trap door into a cel- lar under the sidewalk. The city authorities knew of the nature and construction of this trap, and of its existence for a period of two years. Thus it will be seen that the actions in these cases are based on very different statements of facts from those of the present case. Nor does the same reason exist today for this court to be governed by the decisions of the Supreme Court of the United States as did in territorial days. Nor should the rule of stare decisis be adhered to, and the decision in the case of Sullivan v. City of Helena be considered as a precedent in determining this question in this case. The city of Helena was organized and working under a special charter, and not under the general law nnder which the city of Anaconda was incorpo- rated. There is no statute in Montana fixing upon cities a lia- bility for injuries sustained through a neglect to perform a public duty. Nor does the complaint in this action make sacb. allegation. The great weight of American authority is in favor of the rule that a private action cannot be maintained against a town, county or other qy^isi public corporation for the neglect of a public duty, or of a duty imposed alike upon all similar corporations, unless the liability to such an action is expressly created by statute. In some of the states, however, the liability is expressly imposed upon municipal corporations by the stat- utes. (Buswell on Personal Injuries (2d Ed.), Sees. 53 and 60, and cases cited in note 1, page 79, and note 1, page 91 ; Eastman v. Meredith, 36 N. H. 284; CJiope v. City of Eureka, 78 Cal. 588 ; Arnold v. City of San Jose, 81 Oal. 618 ; Detroit V. Blahely, 21 Mich. 841 ; Arkadelphia v. Windham, 49 Ark. 139; Eastman v. Clackamas County (Ore.), 32 Fed. Rep. 24; 26 Mont] Snook v. City op Anaconda. 131 Young v. City Cotmcil of CkaHestonj 20 S. C- 116 ; CJooley on Torts, Sec. 622, p. 626; 2 Thampeon on i^eglig^noe, p. 692, 734, note.) It appears from the complaint that the negligence charged against the defendant is and was the negligence of ^^a duly ap-r pointed and acting street commissioner." The doctrine of respondeat sv/perior, being founded upon the supposition that the master derives some benefit from the act of a servant, does not apply to a public officer as to the agent whom he employs in the discharge of a public duty. (Buswell on Personal In- juries, Sec. 51 ; Territory v. Board of Commissioners, 8 Mont. 412 ; Cily of Richmond v. Long, 94 Decs. 461 ; Stewart v. New Orleans, 61 Id. 218.) In an action for p. rsonal injuries, when the complaint shows that the proximate cause of the injury was the plaintiff's own act, it does not state a cause of action if it fails to allege tiiiaC such act was done in the exercise of reasonable care and pru- denca The complaint in this action makes no such statement (Kennon v. Oilmer, 4 Mont. 451.) For these reasons we be- lieve the demurrer to the complaint was good and should have been sustained by the court. n. • The damages awarded were excessive. In such case as the one at ba<r the rule of law is that even a wrongdoer is only liable for the proximate consequences of his act or default. The plaintiff may recover not only the amount of damage whidi he suffered prior to the commencement of the- action, but also the damage i»x)ceeding continuously from the injury up to the verdict and which it is reasonable certain that he will suffer in the futura There must be a reasonable certainty as to such future damage. A mere probability of its occurrence is not enough. (Sherman & Redfield, Negli- gence, Sees. 595-597.) III. The evidence is insufiicient to justify the verdict. 132 Snook v. City of Anaconda. [Oct. T.'Ol The complaint in this action shows that the approximate cause of injury was plaintiff's own act in riding his bicycle into an excavation made by the falling of a portion of tihie bridga on Chestnut street. In such case it is incumbent upon plaintiif to prove, in addition to the n^ligence of the defendant, that in the doing of the act he was free from contributory negligence. {Ryan v. OUmer, 2 Mont. 250 ; Kennon v. Gilmer, 4 Id. 451 ; Prosser v. M. C. By, Co., 17 Id. 388.) There was no proof of negligence on the part of the defendant in causing the defect on the bridge, or of any unreasonable delay in repairing the same, or of any neglect in failing to place proper signals of danger at the broken bridge. Nor does the evidence show that the plaintiff was free from any contributory negligence or that he was using reasonable care at the time of the accident In such case it is not enough to prove a defect in the street and that plaintiff was injured thereby. No presumption of negligence can arise from such evidence. {Kennon v. OUmer, 4 Mont 453 ; Hunt v. Mwyor, etc. of New York, 109 K Y. 134.) A city does not insure the safety of the people who travel upon its streets. The evidence shows that there was an unusual flood at the time, which came down from the mountains, flood- ing the streets throughout the city. As soon as it was discov- ered that the bridge on Chestnut street had fallen the defendanc used all reasonable care, under the circumstances, on its part to protect the public. The falling of the bridge was not caused by any act or omission of duty on the part of the defendant. It was not shown that any act of the defendant was done out of the usual course. Nor was there any circumstance shown call- ing for greater care or caution than was taken by defendant iri this case. The injuries suffered by plaintiff are clearly shown by the evidence in the case to have been the result of inevitable accident for which no one can be made responsible, even if plaintiff himself was free from fault or negligence. (Shear- man & Eedfield, Negligence, Sec. 5 ; Hathaway v. Chicago, etc. Ry. Co., 51 Mich. 566. Messrs. Rodgers & Rodgers, for Respondent 26 Mont] Snook v. Citt of Anaconda. 133 MR, JUSTICE PIGOTT delivered tbe opinion of the court. Action to recover damages for bodily injuries alleged to have been caused by the negligent omission of the defendant to keep one of its streets in repair. Verdict for $2,000. The defend- ant appeals from the judgment and from the order denying its motion for a new trial. 1. The alleged facts stated in the complaint are, in sub- stance, as follows : The defendant, a municipal corporation, is a city of the second class. One of its duties is to maintain its streets in safe condition. Long before the time of the acci- dent to the plaintiff, the defendant by ordinance assumed the duty mentioned, established public streets, created the office of street commissioner, and imposed upon and delegated to him the duty of keeping the streets in repair. Chestnut street is, and for many years prior to the accident has been, a duly- established street and a common thoroughfare under the con- trol and management of the defendant. On this street was a bridge, placed ?.nd maintained there by the defendant About the 5th day of April, 1897, the bridge became out of repair and was washed away, leaving a deep cut across the street, which was dangerous to the life and safety of any person who might travel over the street at night, the existence of which cut was known, or ought to have been known to the defendant and its officers. With full knowledge of the destruction of the bridge and the existence of the cut, the defendant n^ligently and wrongfully permitted the bridge to remain out of repair, and the cut to remain unprotected and uncovered, and wrong- fully and negligently failed to place any light or signal on or about the cut to warn persons traveling over the street of thr* dangerous condition thereof. On the night of Sunday, the 18th of April, 1897, while the cut was in the street and while it was negligently exposed and left unguarded and without any light orsignal of any nature whatsoever to warn persons trav- eling on lie street of the danger, the plaintiff was lawfully traveling on the street and was wholly unaware of any danger and of the presence of the cut, and while lawfully riding a 184 SwooK v. City of Anaconda. [Oct. T/01 \ncye\e thereon^ he accideDtally^ without any fault or negligence on his part, ran into the cut> was thrown violently off of his bicycle, and was precipitated upon the ground and into the cut, whereby he received great bodily injury. To the complaint the defendant demurred for insufficiency, contending: First, that a municipal corporation proper, such as the defendant, is not liable for negligence in the care of its streets; and, second, that the oomplaint shows the proximate cause of the injury to have been the plaintiff's own act, and does not allege that such act was done in the exercise of reason- able care. The demurrer was overruled, and this action of the court is the first error specified. The defendant, the city of Anaconda, was organized under provisions which now appear in Chapter XXII of the Fifth Division, General Laws, Compiled Statutes of 1887. By Sec- tion 325 of that Chapter the defendant, through its council, was empowered to lay out, establish, open, alter, widen, extend, pave, or otherwise improve the streets within its limits ; and by Section 435 the exclusive control of the streets was a power confided to the city. The same Chapter provides means, throu^ taxation, by which these powers may be exercised. Similar powers are granted by Sections 4800, 4875, 4876, 4877, 4878, 4879 and 4880, of the Political Code. Section 4700 provides that "a city or town is a body politic and corpo- rate, with the general powers of a corporation, and the powers specified or necessarily implied in this title, or in special laws hearetofoPB enacted.'' The power to repair, coupled with the exclusive control of the streets, made it the ministerial duty of the city to exercise ordinary care to the end that the streets might be reasonably safe for travel. The duty thus imposed is not legislative or judicial in character, but ministerial. Hav- ing the power to keep its streets in repair, the defendant was bound to exercise it. The duty corresponds with, and is not less than, the power. For failure to perform that duty the defendant is liable to any one who, without fault on his part, sullen injury thereby. We had supposed that the liability of 26 Mont] Snook v. City of Anaconda. 185 a municilml corporation proper, as distinguished from quasi corporations, such as counties and iN'ew England towns, for failure to keep in repair ita streets, was no longer an open ques- tion in this state; nor do we think that it is. In Svllivcun v. City of Helena, 10 Montana Reports^ 134 (26 Pac 94), such liability was declared, the court saying: "We have already intimated that we do not intend to enter upon the difficult task of pursuing an independent investigation, and ascertaining the true principle of law, and determining the effect of statute;* upon decisions. Our opinion is controlled by an important consideration of another nature. At the December term, 1862, and prior to the organization of the Territory of Montana, the Supreme Court of the United States, in Nebraska City v. Campbell, 2 Black, 590, 17 L, Ed. 271, heard a case which arose in the Territorv of Nebraska. Mr. Justice Nelson, in the opinion, said: *The law is well settled in respect to public municipal corporations, upon which the duty is imposed to construct and repair, or to keep in repair, streets or bridges, and upon which is also conferred the means of accomplishing such duty, that they are liable for any special damage arising out of neglect in keeping the same in proper condition. The principle was fully considered at the last term in the case of Weighiman v. Washington Corp,, 1 Black, 39, 51-58, 17 L. Ed. 52, where all the authorities will be found collected and examined.' '* After referring to Barnes v. Distin/ii of Colum- bia, 91 United States 540 (23 L. Ed. 440) ; District of Co- lumbia v. Woodbm-y, 136 United States 450 (10 Sup. Ct. 990, 34 L. Ed. 472) ; Brown v. District of Columbia, 127 United States 579 (8 Sup. Ct, 1314, 32 L. Ed. 262), and District of Columbia v. McElligott, 117 United States 621 (6 Sup. Ct. 884, 29 L. Ed. 946), the opinion proceeds: "The city of Hel- ena was incorporated by an act of the legislative assembly of the Territory of Montana, which was approved February 22, 1881. The respondent was injured August 29, 1888, and filed December 22, 1888, his complaint in this action. During these times the decisions of Nebraska City v. Campbell, supra, and 136 Snook v. City of Anaconda, [Oct T.'Ol Barnes v. District of Columbia, supra, were binding upon the courts of the Territory. With full knowledge of the legal con- sequences of the proceedings, it was duly ordained that *said city of Helena hereby assumes for itself the care and responsi- bility of streets, avenues, and alleys.' The liability, which had b^en accurately defined, has not been restricted by the l^s- lative department, and we can presume that the rule stated by the Supreme Court of the United States was satisfactory. We think it is our duty under these conditions to adhere to the doctrine which has been recognized upward of twenty-five years within the confines of Montana, and seems to be upheld by the weight of modern authority ;" the opinion closing with a quo- tation from Mr. Dillon's treatise on Municipal Corporations, approving the doctrine as just and supported by the overwhelm- ing weight of authority. In the subsequent case of Sweeney v. City of Butte, 15 Montana Reports, 274 (39 Pac. 286), the contention that such a municipal corporation was not liable was abandoned upon argument, the court citing the Sullivan Case. In Nelson v. City of Helena, 16 Montana Reports, 21 (39 Pac. 905), and in Leonard v. City of Bxdte, 25 Montana Reports, 410, 65 Pacific Reporter, 425, the doctrine of the Sul- livan Case was impliedly, but none the less necessarily, recog- nized and followed. Albrittin v. Mayor and Aldermen of HunisvUle^ 60 Alabama Reports, 486 (31 Am. Rep. 46) ; Nohle V. City of Ri-chm^nd, 31 Grattan (Va.), 271 (31 Am. Rep. 726) ; Clark v. City of Richvfwnd, 83 Virginia Reports, 355 (5 S. E. 369, 5 Am. St. Rep. 281) ; Conrad v. Trustees of the Village of Ithaca^ 16 New York Reports, 158; Hines v. City of Lochport, 50 Xew York Reports, 236 ; Nelson v. Vil- la-ge of Qanisteo, 100 New York Reports, 89 (2 K E. 473) ; Pettengill v. City of Yonkers, 116 New York Reports, 558 (22 N. E. 1095, 15 Am. St.. Rep. 442); City of Denver v. Dunsmore, 7 Colorado Reix)rts, 328 (3 Pac. 705) ; Orove v. City of Fort Wayne, 45 Indiana Reports, 429 (15 Am. Rep. 262) ; Hutson v. Mayor, etc. of New York, 9 New York Re- ports, 163 (59 Am. Dec. 526) ; Cline v. Crescent City Bail- ^6 Mont.] SwooK v. City of Anaconda. 137 road Company and City of New Orleans, 43 Louisiana An- nual Reports, 327 (9 South. 122, 26 Am. St Eep. 187) ; Sutton V. City of Snohomish, 11 Washington Reports, 24 (39 Pac. 273, 48 Am. St Rep. «47) ; Cleyve- land V. King, 132 United States Reports, 295 (10 Sup. Ct. 90), are among the great number of cases announc- ing the same rule. For a collection of the cases upon this question we refer to Elliott on Roads and Streets, 2d Edition, Sections 611-614, pages 642-649 ; to Dillon on Municipal Cor- porations, 4th Edition, Sections 1017-1024, pages 1279-1296 , to Tiedeman on Municipal Corporations, Section 339, page 680 ; to Morrill on City N^ligence, Chapter VII, page 72 ; to Jones on Negligence of Municipal Corporations, Chapter VIII, page 113; and to Williams on Municipal Liability for Tort, Section 70, page 108. We have, however, examined the ques- tion in the light of the authorities and of reason, and we be- lieve the decision in the Sullivan Case to be correct. Since 1890 that case has been accepted and foUowed as the settled law in Montana; the legislative assembly has not seen fit to change the rule there announced. If the people wish to exempt cities and towns from liability for neglect to repair streets, they may do so through that department of the government which makes the statute law, — courts may only interpret the law. So far, therefore, as the first objection to the complaint is concerned, the overruling of the demurrer was proper. Nor is the other objection tenable. In Kennon v. CHlmer, 4 Montana Reports, 433 (2- Pac. 21), it was held that where the complaint shows that the proximate cause of the injury was the plaintiff's own act, he must allege (and prove) that in thus acting he was free from negligence. The complaint in the case at bar does not show, either directly or indirectly, that the proximate cause of the injury was the act of the plaintiff. This is a sufficient answer to the objection; another is that the complaint states that the accident occurred and the injury was received "without any fault or negligence on plaintiff's part" Under these circumstances contributory negligence is a matter 188 Snook t\ City of Anaconda. [Oct. T.'Ol of defense. (Nelson v. City of Helena, supra; Prosser v, Montana Cevirdl By. Co., 17 Moot 872, 43 Pac. 81, 30 L. E. A. 814.) The complaint is not obnoxidns to the objection spe- cifically nrg^ 2. It is claimed that the damages awarded were excessive. After a careful examination of the evidence we find it to have been sufficient to justify the verdict 3. It is next insisted that there was no proof of negligence on the part of the defendant Suffice it to say that the evi- dence tending to show a want of ordinary care on the part, of the city was ample. 4. Several days after the accident the plaintiff had a con- versation with the street commissioner in which the latter said that he knew the bridge was down, that he saw that the bridge was gone, and that he int^ided to repair it on the Monday sub- sequent to the accident To the introduction of this testimony the defendant objected on the ground that the city could not be bound by any , statement made by the street commissioner after the time of the accident The objection was overruled, the defendant excepting. Whether or not the testimony was inadmissible because it was hearsay we need not inquire, for the defendant admits that the city, through its. mayor and alder- men and its chief of police, had personal knowledge of the fact that the bridge had been washed out on the evening of the day on which it fell. Counsel for the defendant expressly state in their brief that the defendant "already had notice.'' If the testimony should have been excluded, the error was without prejudice, for we can see that its admission was harmless. 5. The defendant propounded to its street commissioner when called as a witness in its behalf, the following questions : "State what the rule of the city is in relation to whether or not the street work is done upon Sunday." "State whether or not since you have been street commissioner, it has been the rule to require any street work to be done on Sunday.'* Objec- tions to these questions as attempts to elicit immaterial testi- mony was sustained, the defendant excepting. The action of SSlfont} Snook v. City of Anaconda. 139 the court was correct. The queetions themaelves did not indi^ cate what the answers would be^ and there was no offer to diow what the defendant expected to prove by the witness. Again, if the answers had been that there was a rule not to require street work to be done on Sunday, it oould not have been rele- vant or material. The existence of such a rule could not oper- ate so as to release the city from its legal duty to repair the street or give warning of the danger to travelers. Toward the plaintiff the city was under the same obligation to exercise dili- gence on Simday as on any other day. The su^;e8tion that the defendant was under no obligation to use ordinary care because Sunday happened to be the day after the defect in the street was caused, is wholly without merit. The duty of the city was the same as the duty of an individual person would have been under the same circumstances. 6. The ruling of the court in sustaining objections to ques- tions put to a witness called by the defendant in surrebuttal, is urged as an error. It is also argued that the court erred in modifying certain instructions prayed for by the defendant, and in giving others^ The attentive consideration we have given to the record satisfies us that there was no error preju dicial to the defendant in the rulings of the court, or in its action in modifying the instructions requested, cr in it«( charge, — at least no error that could have been prejudicial to the rights of the defendant. The only instruction which we need notice is Xo. 17, which reads: "If the jury believe under these in- structions and the testimony in this case that the plaintiff is entitled to recover damages from the defendant for any injuries which he has proven that he has sustained by reason of the facts set out in his complaint, then the jury have a right to find for him such an amount of damages, not to exceed $5,000, as the jury believe from the evidence will compensate him for the personal injuries so received, and in doing so the jury have a right to oomdder the personal injuries received by him, if any has been proven, the probable consequences of such injuries, so far as proven, any pain or suffering he may have endured 140 May v. City of Anaconda. [Oct T/01 in consequence thereof, if proven, to consider his loss of time in endeavoring to be cured, his expenses incurred in respect thereto, in so far as the same have been proven, and any per- manent injury the plaintiff may have sustained and has been proven in this case." It is urged that the instruction is erro- neous, in that it permitted the jury to take into consideration as an item of damages the probable consequences so far as proved of the personal injuries received by the plaintiff, if any Avere proved. In the respect adverted to, the instruction is cor- rect, and falls within the cases of Ham/Uton v. Oreat Falls Street Railway Company, 17 Montana Reports, 334 (42 Pac. 860, 43 Pac. 713) ; Kendall v. The City of Albia, 73 Iowa Reports, 243 (34 X. W. 833) ; Swift & Co. v. Raleigh, 54 Illi- nois Appeal RejKirts, 44 ; and St, Louis, I, M. & S. R. R, Co. V. Cantrell, 37 Arkansas Reports, 519 (40 Am. Rep. 105). We do not deem it necessary to notice the other specifications of alleged eiTor. No one of them is well urged. The judgment and the order refusing a new trial are affirmed. Let remittitur issue forthwith. Affirmed, The Chief Justice^ having tried the cause as judge of the court below, takes no part in the foregoing opinion. MAY, Respondent, r. CITY OF ANACONDA, Appem.ant. (No. 1358.) (Submitted October 10. 1001. Decided December 2, 1901.) Cities — Defective Streets — Liability of City — Contributory Negligence — Evidence — Exceptions — Appeal — Review. 1. A city is liable for injaries resnlting from its negligently permitting its streets to 08 and remain In a dangerous condition. 26 Mont.] Snook v. City of Anaconda. 141 2. The fact that Political Code» Sec. 5036, declares that every city is respon- sible for Injuries to property within its limits by mobs or riots, does not Indicate a legislative intent to exempt cities from liability for all other torts. 3. Where a bowlder remains In a city street for many months, constitntingr a dangerous obstrnction, a finding that the city was negligent in so per- mitting the obstrnction to continue is Justified. 4. Where no exception is taken to the ruling of the court in admitting evi- dence over defendant*s objection, the error, if any, cannot be reviewed on appeal. 5. Under Complied Statutes 1887, General Laws, Fifth Division, Sec. 320, providing that the fee of streets shown on a city plat shall be vested in the city for the use of the public, a city which by ordinance has accepted and has Improved such a street, when sued for injury resulting from a defect in the street, cannot escape liability by denying that the locality is a street. 6. Where plaintiff was Injured by collision with a bowlder in an unlighted city street, which had been used and traveled for years, while he was drivr ing slowly along the center of the street on a dark night, — ^he having no knowledge of the bowlder, — such act was not contributory negligence. 7. Removal of the bowlder by the city after the accident was not evidence of negligence in falling to remove it before that time, but was relevant aa tending to show that the point where the accident occurred was in a street over which the city had assumed control and hence was under obligation to repair. Appeal from District Court, Deer Lodge County; Theo. Brantlyj Judge. Action by W. B. May against the city of Anaconda. From a judgment for plaintiff, defendant appeals. Affirmed. Mr. T. O'Leary, for Appellant. Messrs. Rodgers & Rodgers, for Respondent. MR. JUSTICE PIGOTT delivered the opinion of the court. This action was brought to recover judgment for damages allied to have been suffered by reason of the defendant's ne- glect to maintain one of its streets in repair. By the complaint it is alleged that the defendant, a city organized under tlie statutes of Montana providing for the organization of munici- pal corporations, established public streets within its limits and undertook the duty of keeping them in safe condition ; | that among the officers of the city was a street commissioner^ » having supervision of all the streets ; that on the 3d day of July^ 142 May v. City of Anaconda. [Oct T.'Ol 1897, and for a long time prior thereto, tbere was in Pine street (a street of the defendant) a large rode, or bowlder, which was dangerous to the life and safety of any person or petrsons who might travel over the street at night, the dangerous char- acter whereof had been and ought to have been known to the defendant and its officers, and which the defendant negligently permitted to remain in the street on July 3, 1897; that on the night of July 3, 1897, while the plain- tiff was traveling and driving a wagon on that street, being unaware of the danger and of the presence of the bowld^* or rock so negligently left there by the defendant, his wagon, with- out his fault or negligence, ran over it, throwing the plaintiff from the wagon and causing the lasting and permanent injuries of which he c(»nplains. The answer admits that the defendant is a mimicipal corporation, but denies every other allegation of the complaint. The jury found for the plaintiff, assessing his damages at $3,500, and the defendant appeals. 1. The complaint is assailed upon the ground that it does not state facts sufficient to constitute a cause of action, and hence does not 8upi>ort the judgment, in that there is no statute imposing upon cities a liability for injuries caused by their negligent omission to keep the streets in a reasonably safe con- dition. This objection was considered and overruled in Snook V. The City of Anacondd, ante, p. — , this day decided. Section 6036 of the Political Code declares that every city or town is responsible for injuries to real or personal property within its corporate limits done or caused by mobs or riots, and the defendant argues that this would seem to indicate the legislative intent to exempt municipal corporations from lia- bility for all other torts, upon the principle that expresaio utdus est exclusio alierius. The sole purpose of the section was to create a liabilitv which did not exist at the common law. Its object was not to relieve municipal corporations of burdens, but to impose a new one. If the defendant's argument be cor- rect and the maxim applicable, cities are not answerable for positive or affirmative acts of negligence whereby the streets 86 Mont.] May v. City of Anaconda. 143 are made unsafe, — a rule which we think nowhere finds support or countenance. 2. The defendant's counsel argue that there was no negli- gence proved against the city. The bowlder had been a danger- ous obstruction in the street for many months and the jury, by their general verdict, impliedly found that the city knew, or ought to have known, of its presence, and wa» negligent in failing to remove it. Upon the city was imposed the power and the attendant or resulting duty to exercise a reasonable degree of diligence to keep the street free from such obstruc- tions: its omission to use such diligence w^as actionable negli- gence. This caae is similar to Davis v. City of Austin, 23 Texas Court of Civil Appeals Keports, 460 (54 S. W. 927), but is very different from Kieffer v. Hummelstown Borough, 151 Pennsylvania State Reports, 304, 17 Lawyers' Reports Annotated, 217, 24 Atlantic Reporter, 1060. 3. The plaintiff testified that in a conversation which he had with the defendant's street commissioner several months after the accident, the latter declared that he know the bowlder was in the street prior to the accident The defendant objected to the reception of this testimony upon the sole ground that the proper foundation had not been laid to show that the place where the accident occurred was a public street. The court overruled the objection, but no exception was reserved. Under these circumstances it is clear that tiie question whether there was error cannot be entertained on appeal. The defendant now argues that it could not be bound by any statement made by the street commissioner after the accident. This may be true, and the testimony may have been hearsay, but no such objection was made at the time and no exception whatever was taken. 4. The defendant contends that there was not sufficient evidence to prove that the place where the accident occurred was part of a public street which the defendant was obliged to use reasonable care to maintain in a state of repair. We think there was. Pine street^ upon which the accident oc- curred, is shown upon the plat or map of the city filed with the 144 May v. City of Anaconda. [Oct. T.'Ol »cotiiity clerk in 1883. Section 320 of the Fifth Division^ General Laws, Compiled Statutes of 1887, provides that the fee of streets shown on such map or plat shall be vested in the city for the use of the public. The statute granted, and the defendant by ordinance assumed, control of all the streets and the duty to keep them in repair. Ordinances were passed pro- viding for the raising of money by taxation for the purpose of improving and repairing all the streets. In establishing grades, the city recognized Pine street as one of its streets. The city, through the council, granted permits for the building of side- walks on Pine street. There was evidence tending to prove that for fifteen years the street had been regularly traveled, and at the point where the accident happened there were houses and fences on each side of the street. The city had performe<l work at that point, and after the accident the street commis- sioner caused the bowlder to be removed, — of course the re- moval of the bowlder after the accident was not evidence to show negligence on the part of the city in failing to remove it before the accident, but it was relevant as tending to show that the point where the accident occurred was part of a street over which the city had assumed control and hence was under the obligation to keep in repair. It is difficult to conceive what further evidence could be required as to this uatter. In Mayor V. Sheffield, 4 Wallace, 189, the court said: '*If the authorities of a city or town have treated a place as a public street, taking charge of it and regulating it as they do other streets, and an individual is injured in consequence of the n^jgligent and care- less manner in which this is done, the corporation cannot, when it is sued for such injury, throw the party upon an inquiry into the regularitiy of the proceedings by which the land be- came a street, or into the authority by which the street was originally established." ^^e quote also the following language from Maus v. City of Springfield, 101 Missouri Reports, 613, (14 S. W. 630, 20 Am. St. Eep. 634): "To establish the character of the locality, where the injury occurred, as part of a public street, nothing more was essential than to show that it 26 Mont] May v. City of Anaoowda. 145 was in actual possession of the city and open to, and used by, the public as a thoroughfare at the tima This plaintiff did. It was not necessary to prove any formal dedication or appro- priation of the street/' To the same effect are Houfe v. Town of Fulton, 34 Wisconsin Reports, 608 (17 Am. Rep. 463) ; Town of Saiida v. McKinna, 16 Colorado Reports, 523, 27 Pacific Reporter, 810, and City of Abile^fie v. Wright, 4 Kansas Appeal Reports, 708, 46 Pacific Reporter, 715. 5. Counsel for the defendant say that it was conclusively shown by the plaintiff's o\\ti testimony that he was injured through his own negligence in driving with a loose rein, out of a walk, on a dark night, over an unlighted street, in a sparsely settled part of the city, of which he had but little knowledge. The evidence given by him tended to prove that ^vhen injured he was driving slowly in the night time, in the middle of the street which had been traveled as such for manv years, and that he knew nothing of the obstruction which lay in his path. He was justified in assuming that the city had used diligence to keep the street in a reasonably safe condition. We are unable^ therefore, to agree with counsel; on the con- tiary, if his testimony stated the facts (and under the verdict we must assume that it did) he was not guilty of contributory negligence. Several other supposed errors are mentioned in defendant'^ brief; some of them have been treated of in the consideration of the points already discussed, and those not so disposed of are without merit. The judgment and the order refusing a new trial are af- firmed. Remittitvr may issue forthwith. Affirmed. The Chief Jvstice^ having tried the cause in the court below as judge, takes no part in the foregoing opinion. Vol xxvi-io »J 14G 27 4534 146 B. & M. Co. V. M. O. P. Co. [Oct T/01 BOSTON AND MONTANA CONSOLIDATED COPPER AND SILVER MINING COMPANY, Appellant, v. MONTANA ORE PURCHASING COM- PANY ET AL., Respondents. (No. 1.559.) Submitted October 5, 1901. Decided December 2, 1901.) 27 102 Injunction Pendente Lite — Evidence — Judgment — Intent 827 432; s27 433 to Appeal, Where, in an action to restrain defendants from removing ore from a certain vein on a motion for injunction pendente lite. It is shown that in a prior action between the parties Judgment is entered that defendants are owners of the vein and ore, the court may consider such Judgment in determining such motion, though the time for appeal has not elapsed, and plaintiff In- tends to appeal therefrom. Appeal from District Court, Silver Bow County; John lAndr say. Judge, Action by the Boston and Montana Consolidated Copper and Silver Mining Company against the Montana Ore Pur- chasing Company and others. From an order denying plain- tiff's application for an injunction pendente lite, plaintiff ap- peals. Affirmed. Mr, WUliaim H, DeWiti and Messrs, Forbis & Evans, for Appellant. The introduction in evidence of the pleadings and of the judgment and decree was plainly error. This judgment was made and entered February 14, 1900, and the hearing at which the same was introduced was had May 16, 1900, before the time for appeal from said judgment had expired, and until such time had passed, or the judgment satisfied, the said decrea was of no force or effect and not admissible as evidence. Sec- tion 1895 of \hQ Montana Code of Civil Procedure is as fol- lows : "Section 1895. An action is deemed to be pending from the time of its commencement until its final determination an 26 Mont] B. & M. Co. v. M. O. P. Co. 147 appeal or until the time for the appeal has passed, unless the judgment is sooner satisfied/' The obvious purpose of this statute is to give the litigant the full time, through which any case must pass until finally disposed of by the supreme court, in which to litigate the same, so that his rights may not be im- l>aired or affected until he has an opportunity to have the higher court pass upon them. The justice and reason of the rule is apparent when we consider that if any other rule pre\''ailed i party might obtain a judgment and although the losing party appeals from the same, could use the same judgment in bar of another action, that might be brought, and pending a reversal of the ease upon appeal obtain the full fruits and advantage of his judgment. We think that no citation of authorities is necessary to convince the court that the purpose of Section 1895 is to suspend the judgment and to eliminate the same from the action pending the appeal or until the time for appeal has ex- pired, unless the judgment has been acquiesced in or satisfied. The Supreme Court of California in construing an identical section (Section 1049 of California Code of Civil Procedure), has laid down the doctrine that during the time provided b^v said section such a judgment cannot be pleaded in bar of an- other action for the same cause, or introduced in evidence. (Giimore v. American Central Ins Co., 65 Cal. 63, 2 Pac. 882 ; Naftzger v. Gregg, 99 Cal. 83, 33 Pac. 757; Hmris v. Barnr hart, 97 Cal. 546, 32 Pac. 589 ; Brown v. Campbelly 100 Cal. 636, 35 Pac. 433 ; Estate of Blythe, 99 Cal. 472, 34 Pac. 108 ; Story V. IStory & Isham C. Co., 100 Cal. 41, 34 Pac. 675.) It is true that our Montana Supreme Court laid down a different rule in Fredericks v. Cla/rk, 3 Mont. 261, but at the time the decision was rendered we had no statutory provision similar to Section 1895, above referred to. Therefore we submit that in treating said judgment as a bar to the plaintiff's rights in this action the court erred. But respondents may contend that^ although pleaded in bar, that the said pleadings were admissible in evidence upon the theory of a plea in abatement to the effect that it showed an- 148 B. & M. Co. V. M. O. P. Co. [Oct T/01 other action pending at the time this suit was brought, but we submit that the showing falls short in every particular of tiie facts necessary to support such a plea. In the first place^ the parties to the said action are not the same as the parties in the case at bar. The authorities are unanimous, we think, to sup- port the proposition that in another action pending the parties must be substantially identical. (See Ency. Plead. & Practice, Vol. I, page 757, and numerous cases cited ; Ccdaveras Co. v. BrocJclay, 30 CaL 325 ; Kerns v. McKean, 65 Cal. 416, 4 Pac. 404.) The foundation upon which this defense of another ac- tion pending rests is the abhorrence which the law entertains for a multiplicity of actions. The law does not permit a party to prosecute two actions for the same cause at the same time, because the second suit is not only unnecessary so far as the enforcement of his rights is concerned but annoys and harrasses the defendant without cause. The reason of this rule can have no application except where the plaintiff in both actions is the same person, and the rule can have no application where the plaintiff in one suit is the defendant in the other. (Ency. of Plead. & Practice, Vol. I, page 758 and cases; 0^ Connor v. Blake, 27 Cal. 313 ; Ayres v. BeresUy, 32 Cal 620 ; Felch v. Beaudry, 40 Cal. 439 ; Walworth v. Johnston, 41 Cal. 61 ; Lindsay v. Stewart, 72 Cal. 540, 4 Pac. 516; Monroe v. Reid, 64 N. W. 983; Washburn, etc. Manufacturing Co. v. Scott, 22 Fed. Eep. 710.) In the second place, to support such a plea the causes of action in the two suits must be the same. (Ency. Plead. & Practice, Vol. I, page 761 and cases cited; Thompson v. Lyon, 14 Cal. 39; Martin v. Spivala, 69 Cal. 611 ; Larco v. Clements, 36 Cal. 132 ; Cohum v. Pacific Lum- ber Co., 46 Cal. 32.) An examination of the pleadings in said action 7,337, and in this cause, will show the court that the causes of action upon which the same are based are in no wise similar. Under any view of the case we certainly are at a loss to understand how the pendency of action 7,337, for damages for trespass, and to quiet title to veins alleged to belong to plaintiff, can affect the appellant's right to bring action against 26 Mont] B. & M. C5o. v. M. O. P. Co. 149 defendants for joint trespasses oonunitted by them on appel- lant's premises almost a year after the first suit was brought, and there is certainly no authority for such a position. {Car- penter V. Hewell, 67 Cal. 589, 8 Pac 314; Sharon v. HUl 22 Fed. 28; Osborne v. Cloud, 92 Am. Dec. 418.) Messrs. McHatton & Cotter and Messrs, Toole & Ba/^h, for Kespondents. MR. JUSTICE MILBURN delivered the opinion of the court This is an appeal by the plaintiff from the order of the dis- trict court of the Second judicial district, made May 16, 1900, denying an injunction pendente lite. The action was com- menced February 28, 1898, by appellant, who alleged that de- fendants trespassed upon certain portions of the Pennsylvania lode claim, extracted ore of the reasonable value of $50,000, and would continue to trespass unless enjoined. Answer was filed admitting entry beneath the surface of saia claims and extraction of ore, but setting up ownership of the ore because of ownership in veins apexing in adjoining claims and dipping imder the Pennsylvania claim's surface. Replication was filed denying the affirmative all^ations of the answer. A supple- mental answer was filed, showing that since the beginning of this suit the said district court, in an action wherein the Mon- tana Ore Purchasing Company was plaintiff against appellant, as defendant, had, on February 14, 1900, decreed that the property in dispute in this action was the property of the plain- tiff Montana Ore Purchasing Company, one of the defendants herein, said cause being numbered in said district court 7,337. The respondent Montana Ore Purchasing Company produced affidavits upon the hearing in the district court of the case at bar to show the identity of the property, and prayed the court below to deny the injunction, in its discretion, upon the show- ing that the court had declared the respondent Montana Ore Purchasing Company to be the owner of the property upon 160 B. & M. Co. V. M. O. P. Co. [Oct. T.'Ol which appellant declared trespass had been committed by the respondents. The court gi'anted the prayer and denied the injunction. It is not claimed that plaintiff has acquired any title to the property in dispute which it did not have at the time of the decree aforesaid in said cause numbered 7,337. Nor is it con- tended that the title of defendant Montana Ore Purchasing Company, which was decreed as in it, was in any wise changed or altered after said decree was entered, or that any ri^t of possession in it to the property was changed or altered after the decree. Testimony in the form of the pleadings in cause 7,337, affi- davits and oral testimony was, over the objection of the plain- tiff, introduced to support the points relied upon by defendants, and to show the identity of the property. The court, upon the objection of defendants, refused to admit the affidavits of cer- tain parties offered on behalf of plaintiff, showing that appel- lant had not acquiesced in or satisfied the judgment in cause 7,337, and that appellant was using diligence to present a mo- tion for a new trial and to perfeot its appeal from the judgment in cause 7,337. Testimony was offered by plaintiff to rebut ownership of the ores in question in def endants^ or any of them ; but the court refused to admit it. These refusals, as well as the admission of the evidence offered by defendants, the plain- tiff assigns as error. There is only one question in this cause which need be con- sidered. The determination of that will determine the matter of this appeal. The defendant in cause 7,337 having appealed, and the ap- peal still being undetermined in the supreme court, and the judgment tlierein, not having been satisfied, was the judgment suspended for all purposes, not only in bar of another action^ but also so suspended that, upon a hearing upon an order to show cause why an injunction pendente lite, in another action affecting the same property and the same parties, should not issue, the court could not consider it as affecting sound discre- 26 Mont] B. & M. Co. v. M. O. P. Co. 151 tion in granting or refusing such injunction? Numerous au- thoritieB have been cited by appellant to support it* contention that such a judgment^ not yet final (except in the sense that it is a final judgment from which appeal lies), is a bar to another action ; but we do not consider that the introduction of such a judgment^ under such circumstances as those herein shown, is for the purpose of a bar, but only as evidence goin.a: to the dis- cretion of the cooirt or judge in determining, on hearing, whether it or hg ivill permit the property in the then suit to be carried off or destroyed pending the action in which, perhaps, the judgment may or may not be a ba.r, as may be afterwards determined. In Naftzger v. Oregg, 99 Cal. 83, 33 Pac. 757, 37 Am. St. Rep. 23, one of the cases cited by appellant, — referring to Section 1049 of the Code of Civil Procedure of California (Section 1895, Code of Civil Procedure of Montana), where the court holds the judgment not a bar in a subflequent suit affecting the same property between the same parties, in a con- curring opinion Justices Harrison and Patterson were of the opinion that the judgment might be introduced as evidence, saying that Section 1049 of the California Code of Civil Pro- cedure was not intended to prescribe a rule of evidence, but to determine the condition of an action after judgment has been rendered, and, inferentially, the effect of the judgment ; and they go furtheV, and say that there are many cases in which a judgment is admissible in evidence at any time after its entry. Our view that the introduction of the judgment roll (in cause 7,337) and the introduction of evidence to show the iden- tity of the property at the hearing of the motion to show cause why an injunction pendente lite should not issue was not error, is further supported by a very well considered opinion in Smith V. Smith, 134 Cal. 117, 66 Pac. 81, wherein a deed was errone- ously excluded from evidence, the validity of the conveyance •resting upon a judgment from which an appeal was pending. The court held that the introduction of the deed in no wise would tend to enforce the judgment which was suspended by the appeal. 152 B. & K Co. V. M. O. P. Co. [Oct T/01 Why could not the f aot^ when brought to the attention of the court below, that it had decreed the property as not in anywise belonging to the plaintiff, be considered by it in passing upon the order to show cause why plaintiff and appellant should not have an injunction pendente liie against the defendants in the action, and be r^arded in its sound discretion as a sufficient reason why the injunction should be denied ? On principle or authority we cannot see how a court should be held to have abused its discretion in saying that, whereas it had decreed the property or right of possession not to be in the plaintiff, but in the defendant Montana Ore Purchasing Company, it refused to enjoin the defendants froin entering upon or using the same. This would not be passing upon the merits of the case, which is, as appears from the record, still pending in the district court. That the judgment in cause 7,337, now on appeal, would or would not be a bar to the action wherein the injunction pen- dente lite was granted, we are not called upon now to decide. Suffice it that we hold that there was no abuse of discretion in the refusing of the injunction pendente lite, or error in ad- mitting the said judgment and proof offered by defendants in evidence, or in refusing to admit the offered testimony as to the pendency of the appeal in cause 7,337, as the latter was immaterial in the matter of the hearing on the order to show cause why an injunction pendente lite should not issue. There seems, from the briefs and argument, to be no ques- tion but what the property in dispute was the same in cause 7,337 and in the matter on appeal. The order denying the injunction pendente lite is affirmed. Affirmed, CASES DETERMINED IN THB SUPREME COURT AT THB DECEMBER TERM, 1901. present: The Hon. Theo. Bbantly, Chief Justice. The Hon. Wiluah T. Pigott, i } Associate Justices. The Hon. Geoboe R. Milbubn J CORNISH ET AL., Appellants, v. FLOYD-JONES, Respondent. 86 164 i» 197 26 TTvJ 27 98 % 153 28 48 28 235 f28 ^963 28 581 IT Tiil 34 34X| 26 153 37 31 (No. 1,377.) (Submitted Noyember 18, 1901. Decided December 9, 1901.) Appeal — Record — Review. Code of Clyil Procedure, Sec. 1737, provides that, on appeal from an order, except one granting or refusing a new trial, the appellant must furnish a copy of the notice of appeal, of the Judgment or order appealed from, and of papers used on the hearing below. On appeal from an order denying an (158) 154 Cornish et al.. v, Floyd- Jones. [Dec* T/01 application to have certain loans declared preferred claims against an in- solvent bank, the only papers found in the transcript, besides a copy of the notice of appeal, were a copy of the petition, and of an affidavit to support it, neither of which was identifled by bill of exceptions as the papers used on the hearing, a copy of the order of the court denying the petition, and a copy of the opinion of the court setting forth the reasona for its actions. Held, that such opinion and the unidentified petition and accompanying afUdavit could not be considered, so that the transcript was Insufficient to show any error, as the only papers before the court were the notice of appeal and copy of the order. Obiter. Under Section 1739, Code of Civil Procedure, counsel have no authority to certify the papers as those used, or the only ones used, on the hearing. Appeal from District Court, Lewis and Clarke Conrdy; S. H. Mchitire, Judge, Action by F. E. Cornish and others against R. H. Floyd- Jones (Substituted for A. J. Steele), receiver of the National Loan & Savings Union. From an order denying an application to have certain loans declared preferred claims, plaintiffs ap- peal. Affirmed. Mr, C, W, Wiley, for Appellants. Mr, T, J, Walsh, for Respondent. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. It is not clear from the record filed in this court what is the nature of the proceeding in the district court which gave rise to this appeal. From the statement of the case made in appel- lants' brief, however, we gatlier that in August, 1898, a suit was brought by stockholders or creditors of the National Loan & Savings Union, a corporation organized under the laws of Montana authorizing building and loan associations, to have the corporation declared insolvent, and to adjust its affairs through the agency of a receiver. The title of that cause is not made to appear. The papers in the transcript before us are entitled, ^'In the Matter of the Receivership of the !N'ational Loan & Savings Union, A. J. Steele, Receiver." Upon the cover of the transcript and in the brief filed by appellants' 26 Mont.] Cornish et al. v. Floyi>Jonbs. 155 counsel we find the title, "i^. E. Cornish ei al. v. .4. /. Steele, Receiver of the National Loan & Savings Undoru" In a sup- plemental brief of eonnsel he has nsed the title, " F. E. Cornish et al. V. R, II. Floyd-Jones, Receiver." We have adopted this latter title, for the reason that since the appeal was filed in this court, R. H. Floyd-Jones was substituted, on suggestion of counsel, for A. J. Steele as defendant and respondent. Nothing appears from the papers filed at the time the suggestion was made, however, to aid us in any way to understand the nature of the proceeding in the district court. As we gather it from the transcript, it seems that the appel- lants made an application to the district court by petition filed in the cause above mentioned against the corporation whose affairs are in course of adjustment by Floyd-Jone* as receiver (who has been substituted in place of A. J. Steele since this appeal was taken), for the purpose of having certain alleged loans made by the petitioners to the corporation declared pre- ferred claims, and for an order directing the receiver to pay them in full out of the funds first coming into his hands. This appeal is from an order denying the application. Without stopping to consider other matters of practice called to our attention by counsel for the receiver as conclusive of the appeal, we must affirm the order on the ground that the tran- script does not make it appear that the district court committed error. Section 1737 of the Code of Civil Procedure provides: *'0n appeal from an order, except an order granting or refus- ing a new trial, the appellant must furnish the court with a copy of the notice of appeal, of the judgment or order appealed from, and of papers used on the hearing in the court below. '^ The only papers found in the transcript, besides a copy of the notice of appeal, are a copy of the petition referred to, of an affidavit apparently used to support the allegations of the peti- tion, of the order of the district court, denying it, and of the opinion of the court setting forth the reasons for its action. The opinion is no part of the record on appeal, and cannot be resorted to for any purpose. {Menard v. Montana Central 166 (Ornish et al. v. Floyd-Jones. [Dec T/01 EaMway Co., 22 Mont. 340, 56 Pac. 592.) The affidavit and petition are not identified by bill of exceptions embodying them. as the papers used on the hearing. We therefore have no means of knowing that they were so used, either alone or in connec- tion with others. For aught that appears, the allegations of the petition may have been controverted, and evidence intro- duced by the parties to sustain the issues thus made. It was said by this court in Rum/ney Lcund & Cattle Co. v. Detroit & Montana Cattle Co., 19 Mont. 557, 49 Pac. 395: "On appeal every presumption in favor of its correctness attaches to a de- cision or order of the district court. Hence it is incumbent on the appellant to show wherein any error has been committed by the lower court. The transcript must show the error di- rectly, not by way of inference or presumption." In the same case, in construing Section 1737, supra, the court held that the only mode of presenting the papers used upon hearing in the district court is by fomlal bill of exceptions. It was said in State ex rel. Pierson v. MUlis, 19 Mont 444, 48 Pac. 773, that on appeal from an order the papers used on the hearing might also be identified by a certificate of counsel, under Section 1739. This view seems to have been approved in Rumncy Land & Cattle Co, v. Detroit & Montamn Cattle Co., supra, and also in the later case of Beach v. Spokane Rwnch & Waier Co., 25 Mont 367, 65 Pac. 106. In none of these cases however, was the extent of the authority of attorneys under Section 1739 before the court for consideration. The state- ments in them were made in the course of the argument by way of illustration. We take occasion now to say that we doubt whether that section is susceptible of the construction assumed in these cases to be proper. We think the authorily given by it extends no further than to permit counsel by their certificate to obviate the necessity of a certificate by the clerk as to the correctness of the copies contained in the transcript As was held in the first two cases cited, the clerk may not certify the papers as those used, or the only ones used, on the hearing. IKTeither, in our opinion, may the attorneys do so. We shall 26 Mont] King v. Lincoln. 157 therefore not feel bound by these cases when the point properly arises. In the present case the. papers used on the hearing of the motion were not identified in any way. The only papers before us, therefore, are the copy of the order and of the notice of appeal; and, it not being made to appear that any error was committed in the making of the order, it is affirmed. Remittitur forthwith. Affirmed, KING, Respondent^ v. LINCOLN, Appellant. •zs sei 26 157 81 136 (No. 1,365.) 31 362 32_J3| (Submitted November 12, 1901. Decided December 9, 1901.) '26 ^ Appeal — New Trial — Statement — Insufficiency of Evidence tj ,« 496 Justify Verdict — Account Stated — Jury — Bound by Charge. 1. Where the only specification in the statement for a new trial is that the evidence is insufficient to support the verdict "in finding for the plaintiff in the sum of $95.70, with interest," and that the "verdict is contrary to the evidence," there is a failure to comply with the requirement of Code of Civil Procedure, Sec 1173, that when the motion is for insufficiency of evidence the statement shall specify the particulars in which such evidence is alleged to be insufficient 2. An appellant cannot complain of an error, in an instruction, which is In his favor. 3. A Jury is bound by the law given by the court, whether correct or not, — except, possibly, in prosecutions for libel. 4. Evidence reviewed, and held, that a finding by the Jury, that there was an account stated, was contrary to the law as given by the court, and that the court should therefore have granted a new trial, even though it became satisfied that its instruction was wrong. Appeal from District Court, Fergus County; Dudley Du Bose, Judge. Action by Joseph King against Alvin Lincoln. From a judgment for plaintiff, and from an order dcmying a new trial,, defendant appeals. Reversed. 158 King v. Lincoln. [Decs. T/01 Mr. Wm, iL Blackford and Mr. F. E. Stranahan, for Ap- pellant. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court Action upon an account stated. The complaint alleges that on September 29, 1897, at the city of Chicago, 111., an account was stated between the plaintiff and the defendant, and that there was found due from defendant to plaintiff a balance of $95.70, no part of which has been paid. Judgment is de- manded for this sum, with interest from the date of settlement The defendant makes specific denial of all these, averments, except his failure to pay the alleged balance, and then avers affirmatively that in August, 1897, he and plaintiff entered into an agreement whereby they associated themselves tc^ther for the purpose of rounding up cattle owned by them, respectively, then running upon the Judith range, in Fergus county, Mont., in order to ship them to market at Chicago, 111. ; that by the terms of the .agreement they were to charge $2 per head for all stray cattle collected and shipped ; that the fund thus collected should be applied to the payment of the expenses of the round- up, so far as it would pay them; that any balance left over should be paid by the plaintiff and defendants in amounts pro- portioned to the number of cattle shipped by each; that the round-up and shipment were completed, and the cattle sold in Chicago on or about September 29, 1897 ; and that on or about that date the plaintiff and the defendant came together to settle their accounts, but that no agreement was reached or balance found, for the reason that plaintiff refused to give defendanc credit for certain receipts for strays collected and for calves branded during the round-up. Demand is then made for an accounting and for judgment for any balance found due the defendant. The plaintiff in his reply admits that the contract was made as alleged by the defendant, except that, in recognition of a cus- 26 Mont.] King v. Lincoi-n. 159 torn prevailing in that portion of the country, by express terms it was stipulated tJiat no charge should be made for strays col- lected which belonged to persons engaged in neighboring round- ups. He then alleges that the settlement was made and the balance found in accordance with the agreement, as stated, and that the defendant, assenting to its correctness, promised to pay it. Upon a trial the plaintiff recovered a verdict for the amount claimed, with interest, and judgment was entered ac- cordingly. The defendant has appealed from the judgment and an order denying a new trial. 1. It is contended that the evidence is insufficient to justify the verdict. We cannot examine the evidence to determine whether this contention is well founded, for the reason that the statement used in support of the motion for a new trial fails to specify the particulars wherein the evidence is insufficient. The only specification found in the statement is the following: "The evidence is insufficient to support the verdict of the jury in finding for the plaintiff in the sum of ninety-five and 70-100 dollars, with interest. Said verdict is contrary to the evidence." This statement is pregnant with the admission that a verdict for any other amount less than that actually rendered would have been proper, and that it is contrary to the evidence be- cause it was not for a less amount. As an attempt to point out any particular in which the evidence failed, or the absence of any material fact, to warrant the jury in finding as they did, as is contemplated by the statute (Code of Civil Procedure, Sec. 1173), it is inexcusably insufficient (Zickler v. Deegan, 16 Mont. 198, 40 Pac. 410;'Hayne, New Trial & App. Sec. 150), and the trial court was justified in ignoring it. It amounts to no more than a repetition of the ground for a new trial required to be stated in the notice of intention. 2. The next error alleged is that the verdict is contrary to law, in that^ under the definition given by the court in its in- struetions of the expression "account stated," the jury could not from the evidence have found for the plaintiff. In this connection the jury were instructed: "An account stated is 160 King v. Lincomt. [Dec T/01 a document or writing which exhibits the state of account be- tween parties, and the balance owing from one to the other, and when assented to, either expressly or impliedly, it becomes a new contract. An action upon it is not founded upon lie original items, but upon the balance agreed to by the parties. And the general nile is that, when the stated account is ad- mitted, it can be avoided only by averment, and proof of fraud, mistake, etc. But the account^ in order to constitute a con- tract, should appear to be something more than a mere memo- randum. It should show upon its face that it w^a^ intended to be a final settlement up to date; and this should be expressed with clearness and certainty." This paragraph of the charge is quoted substantially from the opinion in Coffee v. Williams, 103 Cal. 550, 37 Pac. 504. Whether it embodies a correct statement of the law we may not upon this appeal undertake to determine, for the reason that the appellant did not on the motion for a new trial in the court below, nor does he now, question its correctness. Furthermore, even if it be conceded that it is erroneous in requiring in proof of the account stated a writing, — ^more than a mere memorandum, — showing upon its face that it was intended to be a final settlement up to date, this would be an error in appellant's favor, and he would be in no position to complain ; for from this point of view it cast a greater burden upon the plaintiff than he should have been required to sustain. For the determination of the question presented by the assignment^ however, it is a matter of no mo- ment whether it is a correct statement of law or not. As a declaration by the court of the law in this case, the jury were bound to accept it as authoritative, and to apply it to the facts submitted in evidence. They were not at liberty to disregard it, and find a verdict according to their own notiooos of what the law is. Their province was to find the facts. The province of the court was to declare the law. A verdict found in dis- regard of the authoritative declaration of the court, made for their guidance, cannot be permitted to stand, whether the law thus declared be right or wrong. These appropriate and dis*- 26 Mont] King v. Liwcoj-n. 161 tinct functions of the court and jury were discussed and defined by this court in Mvrray v. Heinze, 17 Mont 353, 42 Pac» 1057, 43 Pajc. 714, and, after an examinatioDj of the adjudged cases upon the subject, it was held that> where it is apparent that the jury have disregarded the instructions given, a new trial should be granted without regard to whether the instruc- tions are correct in point of law. Though there is a conflict of authority upon this subject, the rule as stated in the case cited we believe to be based upon better reason. To say that it is not error for the jury to disregard the authority of the court^ and to find according to their notions of the law, is to say that they are the judges of the law as well as the facte, — a doctrine never recognized in this jurisdiction, except^ possibly, in prose- cutions for libel, which are r^ulated by express constitutional provision (Constitution, Art III, Sec 10). Upon looking into the evidence, it is apparent that the jury found that there was an account stated between the parties as claimed by the plaintiff, and that the balance ascertained was the amount found by the verdict At the time of the alleged settlement there were present the plaintiff, the defendant, and one Shipman, who acted as clerk for them. The plaintiff had paid ahnost all the expenses of the round-up, and had collected all the stray fees. The three sat around a table. The plaintiff had with him three receipted bills, with check stubs to show the amounts paid out by him. He called off these items, and they were simmied up by Shipmain on a piece of paper. The defend- ant called off some items of expense paid by him. The plaintiff then stated from a memorandimi the number of strays collected and shipped, and from this was found the amount realized to- ward the total expenses. Then a balance was struck, and it was found that the defendant was indebted to the plaintiff to the amount of $95.70. Neither of the parties had any books or formal accounts kept by themselves, nor was a formal ac- count made out by Shipman. The amount due, as he says, was what they were after. When the balance was announced by Shipman, the plaintiff pushed all the papers across the table Vol. xxvi-11 162 KiNQ V. Lincoln. [Deo. T.'Ol toward the defendant, who did not examine them, but pushed them aside, expressing himself as satisfied. He thereupon called for a blank check, but before filling it out he and plain- tiff began to discuss the disposition by plaintiff of money col* iected by him for branding calves during the round-up. The defendant claimed that he was entitled to half of this, which the plaintiff disputed. Thereupon they began to quarrel Fi- nally the defendant left, followed soon after by Shipman and plaintiff. All the papers and memoranda were left lying upon the table. This is the substance of the proof offered by the plaintiff. The defendant's evidence tended to show an attempt to reach a settlement as he alleges, but that no result was reached It is manifest from this resume that the result reached by the jury was imposedble, under the instruction quoted ; for there is nothing to show that the conference between the par- ties terminated in a formal written statement — something more that a mere memorandum — of the mutual accounts, showing upon its face that it was intended to be a final statement up to date, and expressed with clearness and certainty. Clearly, the jury disregarded the explicit direction, and concluded tiiat the memorandum made by Shipman, the form and contents of which are not shown, was sufficient under their own conception of what was required, proceeding upon the theory that, inas- much as the defendant had assented to the balance found, he should be held to abide his agreement The district court should theref9re have granted a new trial, even though, upon consideration, it became satisfied that the instruction was wrong. As stated above, the condition of the record precludes an ex- pression of opinion at this time, either as to the sufficiency of the evidence to support a verdict for the plaintiff or as to the correctnees o£ the instruction in point of law. We may go no further than to require the cause to be tried under the law as it shall be expounded by the court. The judgment and order are reversed, and the cause is re- manded, with direction to grant a new trial. Reversed and remanded. 26 Mont] CowBLL v. Mat et al. 168 Ml 120 COWELL, Bespondent^ v. MAY bt al.. Appellants. |,JJ }^ (No. 1,879.) (Bnbmlttad Nor«mlMr 19, 1901. DeelAad DMember 9, 1901.) Gamishmeni-^Contingent Liabiliiy — lAahHUy of Garnishee"^ Evidence — Findings — Supplemental Findings. 1. In order to cliargo a famlshee, tbere miut be at the time af the eerrlee a debt dne or to become doe, and not a contingent llabiUtj or a conditional contract merely. 1 One whoae land had been sold under foreclosure, and agalnat whom a. de* flciency Judgment had been entered, contracted to sell his eQulty to the purchaser on the foreclosure for a certain sum, if the purchaser would se- cure and deilTer to the debtor a receipt from the judgment creditor for all sums due him from the debtor. The debtor executed a deed, and deposited It in escrow, to be dellTered to the purchaser on tlie deliTery of the receipt, and the payment of the balance of the purchase price, $10 being paid at the time. Prior to any deliyery of the receipt or any waiver of the same on the part of the debtor, the execution purchaser waa serred with gar* nishment process at the suit of the Judgment creditor. Held, that the pur. chaser was not liable, his liability to the debtor kiaTing been merely contin- gent. 8. Implied flndinga may sppplement, but they cannot be allowed to contradict, express findings. 4. It was proper to admit evidence showing that after service of the garnish* ment process, the deed in escrow was destroyed, and another one made, and the entire consideration paid, for the purpose of showing what the original terms of the contract were at the time the process was served. 5. The trial court having found the facts as to the contract as originally made, and that there had been no delivery of the receipt, or waiver thereof, findings to the effect that the destruction of the deed in escrow after ser- vice, and the giving of another deed, and the payment of the consideration, were for the purpose of evading the garnishment process, could not aid the plaintiff. Appeal from District Court, Bavalli County; F. H. Woody, Judge. Action by Charles L. Cowell against Albert May and George May^ co-partnere under the firm name and atyle of May Broth- ers. From a judgment in favor of plaintiff, defendants appeal. Reversed. Mr. C, B. Calkins, for Appellants. Mr. Frank Woody, for Respondent. 164 CowELL 17. May et al. [Dec T.'Ol MR JUSTICE PIGOTT delivered the opinion of the court. The defendants puchased at sheriff's sale under a decree of foreclosure, the land of one Harris. Upon the coming in of the sheriff's return, on the 8th day of July, 1897, a deficiency judgment for $290 was docketed in favor of Cowell, the plain- tiff in that action and also the plaintiff in this, and against Harris, the defendant therein. On the 10th day of July, 1897, the defendants, being desirous of obtaining immediate pos- session of the land so purchased by them, entered into nego- tiations with Harris^ they offering to pay him for his equity of redemption the sum of $350, and Harris promising to convey for that price if he could get a receipt from the plaintiff in full of all demands. On the next day Harris signed and acknowl- edged a deed therefor and left it in the possession of one Cal- kins upon the express condition, agreed to by the defendants, that he should not deliver it until the defendant Albert May delivered to Calkins a receipt in full of all claims and demands which. the plaintiff held against Harris. The condition in re- spect of the receipt was shown to have been for the benefit of Harris only, the performance of which he might waive. There was no evidence tending to prove that the defendants, or either of them, promised , to procure or deliver the receipt The re- ceipt was never obtained. At the time the deed was signed the defendants paid $10 to Harris on the purchase^ price. There- after, but on the same day, the plaintiff caused the sheriff to serve upon the defendants a copy of the writ of execution is- sued upon the deficiency judgment^ together with a notice that any debts owing by them to Harris were attached. The defend- ants made answer to the garnishment by denying that they were, or that either of them was, indebted to Harris. On the 13th day of July, 1897, Calkins, with whom the deed. had been left in escrow, prepared another deed in which Harris was named as the ;grantor and the defendants as the grantees, con- veying the same property described in the first deed. In com- pany with one of the defendants. Calkins went to^the ranch of 26 Mont] CowELL v. Mat et al. 165 Harris, returned to him the first deed, and requested him to sign, acknowledge and , deliver the second one. This he did, and the defendant who was then present paid to Harris $340, the remainder of the purchase price; Thereafter the court,. by an order to that effect^ authorized the plaintiff, who, as we have said, was , the judgment creditor of Harris, to institute an ac- tion against the defendants for the recovery of the alleged debt owing by them to Harris; whereupon this action was com- menced ^ under the provisions of Section 1266 of the Code of Civil Procedure. The complaint states the formal matters re- quired in an action of this character, and alleges that at the time of, the service of the copy of the execution and of the notice on the defendants, they were indebted to Harris in the sum of $340, and prays for judgment that the defendants be. compelled to pay to the plaintiff a sufficient amount therefrom to satisfy his judgment against, Harris. The defendants by answer de- nied that at the time of the garnishment they, or either of them, were, or was, indebted to Harris in., any sum whatever. In this statement are set out such facts as we deem relevant to the only question necessarily presented, on the appeals; what other mat- ters the evidence may have tended to prove need not be recited. The court found for the plaintiff and rendered judgment in his favor. From the judgment and order refusing a new trial the defendants prosecute these appeals. The single question upon which the case as presented to this court must be decided, is whether or not the defendants were indebted to Harris at thej time the garnishment was served upon, them. The court made special findings of fact, the fourth and fifth of which are as follows : "Fourth. That on the 10th day of July, 1897, when the notice of garnishment was served on the defendants, the said Benjamin N. Harris had executed a quitclaim deed of his equity of redemption to a tract of land to said May Brothers, for a valuable consideration upon the fol- lowing conditions, to-wit : Said Harris placed said deed in the hands of C. B. Calkins, and at the same time instructing said Calkins not to deliver said deed to said May Brothers, until 166 CowB}LL V. May bt al. [Dec T/01 Albert Maj; one of the firm of said May BrotiierSy should de- liver to said Calkins a receipt in full of all claims and demands which one Charles L. Cowell had and held against said Harris^ and that upon the delivery of said receipt^ the said Calkins was to deliver said deed to May Brothers, they paying to said Har- ris a balance of $340, they, May Brothers, having already paid to said Harris $10 at the time of the execution of said deed. Fifth. That said Albert May did not procure said receipt from said Cowell, or attempt so to do." Both parties agree that these findings are correct, and although implied findings may supplement they cannot be allowed to contradict express find- ings. Under the evidence it is unquestionable that there was a contract entered into between May Brothers and Harris for the purchase and sale of the equity of redemption. It Is equally true that, under the fourth finding, the stipulations in the contract were mutual and dependent, and the liability of the defendants conditional, — ^in other words, they would not become indebted to Harris unless and until Albert May deliv- ered to Calkins a receipt in full running from; CoweU. to Har- ris, or Harris waived such delivery. The defendants did not expressly promise to obtain or deliver the receipt, nor did any legal duty or obligation so to do rest upon them, or either of them. To get it might have been impossible. If they did not get it and Harris did not waive the fulfillment of this condi- tion, the executory contract of sale would fall and there could be no cause of action in favor of Harris against the defendants arising out of the nonpayment of the purchase price. They had, it is true, agreed with Harris to make the purchase and to pay him $350, and they had paid him $10 of the price, but that agreement was subject to the condition just mentioned. Unless the fulfillment of the condition was waived by Harris, the delivery of the receipt was a condition precedent to the ex- istence of a debt The procurement and delivery of the re- ceipt was an act which Harris required to be done for his bene- fit, and for his benefit only ; and if Albert May had delivered the receipt to Calkins, then Harris would have possessed the 26 Mont] CowBLi* v. May bt al. 167 right (perhaps without a formal demand of payment, but in any event after such demand) to maintain an action against the defendants for the unpaid purchase price; but until the receipt was delivered, or until Harris waived its delivery, there was no indebtedness owing by the defendants to Harris Such was the condition at the time the garnishment was served. Har- ris might have waived the performance of the the condition precedent to the defendants' liability, and this waiver wouH have created a liability certain, the right to enforce which would have inured by subrogation to the plaintiff; but Harris did not do so until after the defendants were served. Although the immaturity of a debt at the time of garnishment is, of it- self, unimportant in so far as the ultimate liability of the gar- nishee is concerned, yet, in order to charge him, there must be an existing debt at the time of the service, — ^a contract under which a debt may or may not arise is not sufficient. There must be at the time of the service a debt due or to become due, and not a contingent liability or a conditional contract merely. "The debt from the garnishee to the defendant, in respect of which it is 'sought to charge the former, must moreover be absolutely payable, at present or in future, and not dependent on any con- tingency. If the contract between the parties be of such a nature that it is uncertain and contingent whether anything will ever be due in virtue of it, it will not give rise to such a credit as may be attached ; for that cannot properly be called a debt which is not certainly and at all events payable, either at the present or some future period," (Drake on Attachment, 7th Ed. Sec. 651.) Except in so far as the necessity of mak- ing a demand for payment (if such necessity would have ex- isted) is concerned, the plaintiff stands in no better position than Harris; the former was subrogated to the rights of the latter. The question whether the defendants are liable to the plaintiff may be tested by inquiring whether Harris, without waiving his right to the receipt from Cowell, could have main- tained an action against May Brothers at the time of the gar- nishment. Let it be supjwsed that Harris had sued the defend- 168 Co WELL V. May et ax. [Dec T/01 ants on July 10, 1897, to recover judgment for $340, alleging the matters stated in findings four and five, a demand and a refusal on the part of the defendants to pay the money or de- liver the receipt, and that he did not waive the performance of the condition touching the receipt, but would insist upon the performance of that condition as prerequisite to the delivery of the deed ; is it not apparent that the complaint would be de- murrable for want of substance? Or if the plaintiff had brought the present action while the original contract was in force and before the transaction of July 13, is it not perfectly clear that the defendants would prevail because at the time of the garnishment they did not owe a debt to Harris? Again, let it be supposed that the defendants, upon being garnished, paid to the sheriff the remainder of the purchase price, as they may do under Sections 900, 903, 1218, and 1262 of the Code of Civil Procedure (if they are indebted to the principal de- fendant), and thereupon had demanded of Harrii* the delivery of the deed, asserting that they had fully performed the con- ditions on their part; could the defendants compel Harris spe- cifically to perform the contract by delivering the deed of con- veyance? Would not the court declare that the payment tx> the sheriff was not the liquidation of any debt owing by the defendants to Harris, but was merely voluntary? We think such would be the case. The plaintiff is in no better situation than Harris would have been under the circumstances suggestel in the first example. For aught that appears, the receipt re- quired by Harris might never be obtained ; if not obtained by the defendants or waived by Harris, there could be no liability of the defendants to him under the terms of the original con- tract The case of Baltimore & Ohio Railroad Company v. McCullongh & Company, 12 Grattan, 595, wherein the court held the garnishee not liable, involves the consideration of a question identical in principle with the case at bar. Other special findings have to do with the conduct of the defendants and Harris after the service of garnishment. Among them is one that there was no new bargain on July 13 when the 26 Mont] Co WELL v. May bt al. 169 old deed was surrendered, the new deed delivered and the pay- ment made, and that the transaction of that date was for the purpose of avoiding the effect of the garnishment of July 10. In passing we remark that the first part of this finding con- flicts with the fourth finding, for Harris delivered the new deed and accepted payment without requiring the defendants to com- ply with the condition of the first contract touching the receipt from Cowell ; and as to the ,latter part of the finding, we ob- serve that the ^motive imputed may have existed, but if the fourth and fifth findings be correct there was no debt attached by the process of garnishment With respect to this finding and all other findings subsequent to the fifth, it is sufficient to say that, while evidence of the facts to which they relate was ad- missible because of its tendency to prove what the terms of the contract of July 10 were and whether there was an indebted- ness owing by the defendants to Harris at the moment of ser- vice, they cannot, in view of the fourth and fifth findings, sub- serve any purpose. It was for the court below to draw from all the evidence the inferences of fact and declare what the con- tract was and whether a debt existed. The only legitimate con- clusion ultimately deducible from findings four and five is that the contract to purchase was conditional and the liability of the defendants contingent; that at the time of the garnish- ment the condition upon which depended the liability of the defendants for the remainder of the purchase price had not been performed by them or waived by Harris, and hence that there was no debt Under the findings, we must therefore hold that at the time of the garnishment the defendants were hot indebted to Harris, and hence that there was no debt attached by the process of garnishment For these reasons the judgment and the order appealed from are reversed and the cause is remanded for a new trial. Reversed and remanded. 170 POBTBE BT AJj. V. InD. PtG. Co. [DcC T/01 PORTER ET AL., Appellants, v. INDUSTRIAL PRINT- ING COMPANY, Respondent. tNo. 1,846.) (Submitted October 9, 1901. Decided December 0, 1901.) Appeal — Opinion of Trial Court — Consider aiiorv — New Trial — Statutory Grounds — Ruling Preventing Fair Trial — Ac- cident— Surprise. 1. New trials are statutory ; If granted, they must be granted upon statutory grounds, and none other. 2. Though the opinion of the trial court cannot be considered as any part of the case, where It is submitted by all the parties in their briefs, without objection, it may be read as BUggestive of what may be the Just determina- tion of the case. 3. A trial court found certain counterclaims to have been sufBciently pleaded, and defaulted the plaintiff as to the same, on failure to reply ; relying on which default defendant Introduced no evidence, on reference of the case, to prove the counterclaims. The court adopted the findings of the referee, but declared that part of the counterclaims only were sufttclently pleaded. Held a new trial would be. allowed defendant, as such action of the court was surprise and accident which ordinary prudence could not have guarded against. Mr. Chief Justice Bbantly dissenting. Appeal from District Court, Cascade County; J. B, Leslie, Judge. • Action by W. N. Porter and B. W. Porter, partners doing business under the firm name of Porter Brothers, against the Industrial Printing Company, a corporation. Judgment for plaintiffs. From an order granting defendant's motion for a new trial, plaintiffs appeal. Affirmed. Mr. John W. Stanton and Mr. Oeo. H. Stwnion, for Appel- lants. 1. There were issues of fact arising upon the allegations of the complaint controverted by the answer, but as to such issues 26 Mont] PoBTBB ET AL. V. Ind. Ptg. Co, 171 the same were disposed of by consent of the parties in their agreement to adopt the findings of fact of the referee; as to this feature of the case it was error for the court to grant a new trial. 2. There was no issue of fact arising upon the allegations of the counterclaims set up in the answer because there was no reply controverting such allegations; therefore there was only an issue of law arising upon the allegations of the counter- claims. The Code does not provide for a new trial of issues of law. A new trial is a creature of the statute and there is no authority for it on an issue of law ; therefore the court had no authority and it was error to grant a new trial as to the issuea of law arising upon the allegations of the counterclaims. The right of new trial is founded upon Section 1171, Code of Civil Procedure. The same Code defines issues of fact and issues of law. Code of Civil Procedure, Sec. 1170 : A new trial is a re- examination of an issue of fact in the same court after a trial and decision by a jury or court or by referees. (Raansdell v. Clark, 20 Mont 106 ; Beach v. Spokane B. & W. Go,, 21 Momt 9; Code of Civil Procedure, Sees. 1030, 1031, 1032, 1033.) In Beach v. Spokane, supra, it is held that an issue of fact upon which a new trial can be granted is such an issue only as is raised by the pleadings and that a new trial of a motion is not authorized by the Code. It was error for the court to grant a new trial as to any issues risr ing out of the complaint and answer for the reason that the findings of the referee in favor of plaintiffs for $1,308.83 were adopted by the court on the motion of the defendant and of the plaintiffs. Both parties were satisfied and agreed upon these findings and agreed and consented that the plaintiffs should have credit for $1,308. 83. If there had been any error respect- ing any ruling of the court upon the alleged counterclaims for which a new trial oould be granted, the court should have granted a new trial only to the extent of trying such issues, and should expressly declare in the order granting a new trial that 172 PoBTEB ET AL. V. Ind. Ptg. Co. [Dec T/01 the findings of the referee should stand in favor of plaintiffs to the full extomt of $1,308.83. (Rader v. Barr (Oregon, 1892), 29 Pac 889; Port v. Parfit (Washington, 1892), 30 Pac, 328; Scatena v. Calif omia Camveries Co., 115 Cal. 14, 46 Pac. 737 ; Schmidt v. Oregon G. M. Co., 40 Pac 406; Beach, Mod. Eq. Prac. Sec. 795; Armstrong v. Cooper, 11 111. 540 ; Erlanger v. S. P. R. Co., 109 Cal. 395, 42 Pac. 31; Francaise D'Epargner v. Beardslee, 63 Cal. 160; Thomp- son V. Connolly, 43 Cal. 636 ; Mecham v. McKay, 37 Cal. 158, and the case there cited; Meerholz v. Sessions, 9 Cal. 278; Bretherton v. Hart, 11 Cal. 406.) In the cases above cited there was no motion to dismiss and the judgments were affirmed because the court would not review a judgment or order made by consent of the appellant, but in. Ovllahan v. Morrissey, 73 Cal. 297, 14 Pac. 864, the appeal was dismissed because the judgment was entered with the consent of the appellant ; and in San Francisco v. Certain Real Estate, 42 Cal. 513, the court said: "It is objected in limine that we ought not to entertain this appeal for the reason that the judgment from which it was tal^en was entered pro forma, and by consent If the reeord discloses this fact, it would be our duty to dismiss the appeal as we have repeatedly decided that we will not review judg- ments or orders entered by consent'* In the case at bar if defendant had taken an appeal, this court would not review the order of the lower court adopting the findings of the referee, because such order was by consent of all parties, and for the same reason the lower court should have refused to review such order on the motion for a new trial. In re Lorenz^s Estate, 57 Pac. 381 ; Coryell v. Cain, 16 Cal. 572 ; Spimtti v. Brignardella, 53 Cal. 281 ; Er- langer V. Railroad Co., supra.) If there had been a reply, the court might grant a new trial as to issues arising upon the counterclaims and the reply and re- fuse a new trial as to the issues of the oomplaint and answer, be- cause the court may grant a new trial as to part of the issues and deny it as to other issues. A new trial may be granted as 26 Mont] PoBTEB ET AL. v. Ind. Ptg, Co, 173 to one or more causes of action set up in a petition, and refused as to others. {Woodwao'd v. Horsi, 10 Iowa, 120; Bond v* Wabash, etc., 67 Iowa, 713 ; San Diego Land & Town Co. v» Neale, 78 Cal. 63, 20 Pac. 372 ; Duff v. Duff, 35 Pac. 437 ; Jacob V. Carter, 36 Pac. 381 ; Hamilton v. Nelson, 22 MonU 539, 57 Pac. 146.) Section 1030, Code of Civil Procedure, provides that there aie two kinds of issues, to-wit, one of law, and one of fact There were issues of fact in the case at bar arising upon the complaint and answer, which issues of fact became conclusive by reason of de- fendant's consent in adopting the report of the referee. There was no issue of fact as to any counterclaim whatever because of the simple reason that there was no reply. The district court has no jurisdiction to grant a new trial except as to an issue of fact. That court should never grant a new trial as to an issue of law, but that is exactly what the court did in the case at bar* If defendant had any grievance because of the judgment the court had rendered, the only remedy of defendant was to pre- serve its bill of exceptions and take its appeal to the supreme court, where the error of law, if any, might be reviewed. If the Code provided that the district court could grant a new trial on an issue of law, the case would be quite different, but there is no such provision. (Perkins v. McDowell, 23 Pac. 71 ; Powder River Cattle Co. v. Custer County, 9 Mont 145 ; Har- per V. HUdreth (Cal.), 33 Pac 1103; Emerson v. Eldorado Ditch Co., 18 Mont 252.) We have shown that an issue of fact did not arise as to the counterclaims because there was no reply; therefore as to the counterclaims there was only an issue of law because the ques- tion as to whether such counterclaims stated facts sufficient to constitute a cause of action or counterclaim is a question that plaintiff did not waive by failure to reply. That question is jurisdictional and may be raised for the first time in the su- preme court The question really was raised for the first time when defendant moved to adopt the findings of the referee and 174 PoBTBR ET Ai^ V. Ind. Ptg. Co. [Dec T.'Ol for judgmeait in it» favor. The caae of Foley v. Foley (CaL), 52 Pac. 122, cLacided February 4, 1898, is dedaive of the queation as to whether the a>urt ooiild grant a new trial as to the counter- claims, because the court holds that since a new trial is a re- examination of an issue of fact, where no answer is filed con- troverting any fact, and judgment goes against defendant with- out a trial on issues of fact^ a motion for a new trial is nuga- tory and cannot be reviewed. It necessarily follows that if the court had denied defendant's motion for a new trial and the defendant had appealed from such order, such appeal could nos be entertained. The proceedings by which the court attempted to grant defendant a new trial as to the issues of law upon the counterclaims were wholly nugatory and therefore the order granting new trial should be reversed. Proceedings for new trial are statutory and the statute should be followed. We maintain that a default by a defendant to a complaint and a default by a plaintiff to a counterclaim are upon the seme footing. The plaintiff in case of default of defendant is enti- tled to judgment on a good complaint. The defendant hi case of default to a good counterclaim is entitled to judgm^it against the plaintiff. Neither a complaint failing to state a cause of action nor a counterclaim faulty in the same respect will sup- port a judgment. (Quimai v. Smith, 49 CaL 163; 67 Cal. 21; Ohm V. San Francisco, 92 Cal. 437.) The effect of plaintiff's motion and objection to the counter- claim is that of a general demurrer. In Herschfield & Bro. v. Aiken et aJ., 3 Mont 442, it was held that an averment in the complaint in an action on a promissory note that the amount thereof is "due and payable" states only a conclusion of law, does not as a fact allege a breach of contract, and is bad on demurrer, citing Frisch v. Caler, 21 Cal. 75 ; Davaney v. Eg- genhoff, 43 Cal 395; Doyle v. Phoenix Ins. Co., 44 Cal. 264; Roberts v. Treadwell, 50 Cal. 520. See also Richards v. Lake View Land Company (California), 47 Pac. 683. In Madison County V. Smith, 95 111. 328, it was held: "A default admits the facts alleged against the defendant to be true but does not 26 Mont] PoBTEs et al. v. Iitd. Ftg. Co. 175 admit that tiioee facts confttitate a caufie of aotion^ so^ if upon default it be found that the facte alleged do no give a right of recovery^ final judgment should not be entered against the de- fendant'' We believe the principles are so well settled that we need not cite authorities to sustain our position that a counter- claim must contain all of the substantive averments necessary in a complaint based upon the same cause of action set out in the counterclaim; that conclusions of law in a pleading are useless and will be treated as if not alleged in considering ob- jections to the pleading ; that the question as to whether a com- plaint or oounterclaim states facts sufficient to constitute a cause of action or a counterclaim is never waived because it is juris- dictional. We maintain that there was no error of law occurring at the trial. If there was it would have to appear by the bill of ex- ceptions of the defendant. Its bill of exceptions does not show any ruling complained of. The motion for a new trial really was based and must have been granted on the affidavits of counsel for defendant. The most that can be said in its favor is that defendant obtained its new trial on the ground of "sur- prise." So we must conclude that the motion was granted on the affidavits alone. Therefore it becomes necessary to ascer- t-ain, if we can, the gist of the accident or surprise complained of, whether it be ca:lled "irregularities in the proceedings of the court," or "accident or surprise which ordinary prudence could not have guarded against'' It is clear the motion was granted either on subdivision one or three of Section 1171, Code of Civil Procedure. The "irregularity" or "accident or surprise" consisted in this as appears from the affidavits : That at some remote period of the proceedings and long before the default of plaintiffs was entered for failure to reply to the counterclaims, the plaintiffs had moved to strike out the counterclaims because the same were sham and irrelevant or did not state facts suffi- cient to constitute a cause of action or counterclaim. From the affidavits it is to be presumed. such motion was denied and for that reason counsel for defendant believed they had a good 176 PoBTEB ET AL. V. Ind. Ptq. Co, [Dcc, T/01 pleading. Evidently counsel for plaintiff did not concur in that belief because they refused to reply to the counterclaims and suffered default to be entered. Afterwards the issues of the oomplaint were referred to a referee who reported his find- ings of fact Afterwards defendant moved to adopt such report by its written motion. On the hearing of this motion counsel for plaintiffs moved for judgment and in view of the fact that both parties agreed to adopt the findings, that motion was ar- gued on the question as to whether such counterclaims do state facts sufficient to constitute causes of action. It is very evident that the court did not change its ruling "at the trial." If the court held the counterclaims good or for any other reason de- nied the motion to strike them out prior to entering the plain- tiffs' default on May 4, 1898, surely that ruling was not made at the trial. At beet it cannot be said that the trial took place prior to the hearing before the referee in June, 1898, nor did such trial end until the court decided the motion for judg^ ment on July 28, 1898. Therefore, if the court changed its ruling, it did not do so "at the trial'' At no time before judgment, when the trial ended, did defendant offer to amend its answer or counterclaims. It maintained that the counterclaims were good and stood by such assertions until the court held them bad and gave judgment accordingly. So it cannot be said there was any ir- regularity in the proceedings of the court by which defendant was prevented from having a fair trial. It cannot be said that there was any accident which ordinary prudence could not have guarded against, nor can it be said there was any surprise which ordinary prudence could not have guarded against The court must have granted the motion for a new trial on the affidavits of counsel for defendant and on the sole ground of "surprise'* in a change of ruling. The power to grant new trials on the ground of surprise should be carefully, even cautiously exercised. It is also the rule that reasonable diligence must have been used in preparing for trial, and we take it that this means reasonable diligence and care must be used in preparing pleadings. 26 Mont] PoBTEs bt ai^ v. Ind. Ptg. Co. 177 In the case at bar the court, long prior to the time when It was referred to the referee, erroneously refused to strike out the counterclaims; at least it is to be presumed from the aflSda- vits that the court refused to sustain a motion to strike, thus it appears that the attention of counsel for defendant was di- rectly called to the weakness of the counterclaims before the case was sent to the ref erea What better notice should defend- ant have than the attack upon the counterclaims by motion^ and the fact that the plaintiff suffered default thereby indicat- ing a determination to abide by their position ? If the counter- claims were bad it was the fault of the defendant who could not be surprised in view of the assault so early made upon them. On the motion for judgment the plaintiffs again make an as- sault upon the sufficiency of the counterclaims; the court took the matter under advisement for three weeks ; during all this time the defendant vigorously defended the counterclaims but never at any time until after judgment did the defendant offer to amend its answer or counterclaims. The whole theory of defendant on motion for a new trial and adopted by the court was simply this^ that the court had changed its ruling in holding certain counterclaims bad on motion for judgment. We know of no authority holding that if the court once makes an erroneous ruling the same error shall be re- peated. The court on motion for judgment should make a correct ruling and give a correct decision no matter what other ruling had been mad& When the motion for judgment was argued and counsel for plaintiffs combatted the counterclaims on the ground that they did not state sufficient facts, then the attention of counsel for defendant was again called directly to the point on which the court was asked to rule, namely, the sufficiency of the counterclaims. Counsel for defendant had no right to stand by their pleadings until they could get a decision on the motion for judgment which, if favorable to them, they would abide by,, but if unfavorable they would complain of as a surprise. On the motion to strike, and again on the motion for judgment, the Vol XXVI-12 178 PoRTEB ET AL..1;. Ind. Ptg. Co. [Dec. T/01 defendant had notice oi the contention of plaintiffs that their counterclaims were bad ; and being charged with a knowledge of the law, they always knew their pleading was bad; it was too late after the judgment to ask to amend their counterclaims. In law they could not be surprised because the court ruled ad- versely to them ; th^ could not be surprised because the plead- ing was bad, because they had prepared it, and coimsel for the plaintiffs had shown what the law says they knew, that it was indeed very bad. Being charged with a knowledge of the law, and having the law pointed out to them, they should be pre- cluded from asserting surprise in any manner whatever. There could be no surprise or accident which th^ could not have guarded against before the adverse decision giving judgment. If they had sufficient facts they should have adhered to our simiple rule of pleading — state the facts. Suppose the court did deny the motion of plaintiffs to strike the counterclaims, such ruling was erroneous ; but that did not preclude the court from ruling correctly on the motion for judgment. (Sherburne V. Strawn et ai. (Kansas, 1893), 34 Pac 405.) We make the point that if the court erred in changing its ruling as claimed by defendants, that is, refusing to strike the counterclaims and then afterwards on motion for judgment holding the counter- claims bad, that such a ruling is an error of law and not sur- prise We make the further poin^t that such an error, if any, must appear from the bill of exceptions and not by affidavit Therefore it was error to support such an error by affidavit On this feature of the case we submit the court committed error in granting the new trial. We submit the decision of the court giving judgment was correct That there was no accident or surprise whicli ordinary prudence could not have guarded against^ nor was there any irregularity in the proceedings of the court to the prejudice of the defendant We further sub- mit that no matter how many errors might have been commit- ted by the court, the defendant is concluded and estopped from complaining of the action of the court in adopting the findings of the referee; the defendant could not urge any objections 26 Mont] PoBTjKB BT Ai.. .«. IwD. Ptq. Co. 179 thereto if it had taken an appeal from the judg^nent. That the defendant, if the motion for new trial had been denied, could not appeal therefrom as to the issues of fact ariising upon the complaint because as to such it vf^A estopped and concluded, and as to the issues arising upon the counterclaims the same are not issues of fact but issuer of law, not subject to a new trial, and therefore as to sudi issues of law the defendant could not appeal froJn the order if its motion for new trial had been denied. It necessarily follows that the defendant pursued a course wholly unauthorized in law in the proceedings for new triied. The only remedy the defendant had for a review of any action or ruling of the court was to appeal directly from the judgment, in which case the erroneous ruling complained of would have to appear from its bill of exceptions. Messrs. Greene £ Cockrill, Mr. F. A. Merrill and Mr. Pres- ton H. Leslie^ for Respondent. MR. JUSTICE MILBURlSr delivered the opinion of the court This is an appeal taken by plaintiffs from an order granting the defendant's motion for a new trial. The plaintiffs com- menced an action to recover a sum of money from the defend- ant. On the 10th day of March, 1898, the defendant answered, making certain denials, and attempting to set up certain coun- terclaims; thus seeking to recoyer of plaintiffs a total sum largely greater than th0 amount sued for by the plaintiffs. On the 4th day of May, 1898, the defendant filed its praecipe^ ask- ing for default of reply to the counterclaims, and the clerk, in pursuance of the demand, entered the default. On May 9, 1898, the plaintiffs filed a reply to the counterclaims, denying each of the allegations of the answer. On May 11, 1898, the defendant filed its motion to strike the reply from the files, be- cause not filed in time, which motion was afterwards granted, plaintiffs excepting. The cau^e was by consent referred to a referee to make and report findings of, fact Proof was made 4 180 PoRTBB ET AL. V. Ind. Ptg. Co. [Dec T.'Ol by the plaintiffs, and the referee found for them on their claims in the sum of $1,808.83. No proof vms made by the defendant in support of its counterclaims ; it, as is now claimed, depending upon the default of plaintiffs. Plaintiffs and defendant severe ally moved the court to adopt the findings of the referee and for judgment The court adopted the findings, and, declaring that only three of the counterclaims of the defendant stated, severally, causes of action, the day after finding for the plain- tiffs entered judgment for them in the amount claimed and proved by the plaintiffs, and for costs, lees the amount of the suflSciently pleaded counterclaims, and $30 penalties, levied upon the plaintiffs as costs upon overruling certain motions. Thereafter the defendant moved the court for a new trial, the principal ground, and the only one, really urged by counsel, b^ing that the court below "changed front," as the court's ac- tion was slyled in Newell v. Meyendorff, 9 Mont, at page 262 (23 Pac. at page 334, 8 L. E. A. at page 442, 18 Am. St Kep. at page 742), and thereby, as the judge declared in giving his reasons for granting a new trial, the defendant was surprised to its damage; and defendant further claims that this surprise was such as ordinary prudence could not have guarded against There is nothing properly in the record to show that the court at any time before judgment held that the answer was bad for substance in respect of any counterclaim. The court's opinions cannot be looked to to determine what was done or not done in the case. The defendant's bill of exceptions does not in any wise refer to any action or decision of the court upon any motion or demurrer relating to the answer. In the specifi- cations of error submitted to the court in connection with the bill of exceptions used on motion for a new trial, one ground is that the court "erred in finding for plaintiffs upon motion for judgment for defendant in holding certain counterclaims insufficiently pleaded, when the court had previously before trial held the same good against a motion to strike them out of the answer," and that the court erred in "ordering judgment for plaintiffs without referring the cause to the referee for a 26 Mont] PoETEB ET Ai/. V. Ind. Ptg, Co. 181 new trial, and allowing defendant to amend its anBwer, by rea- son of the fact that the pleading of the counterclaim [s] had all been held good by the court before the cause was referred to the referee, and no legal right existing whereby an amend- ment might be by the referee allowed '^ But there is no state- ment in the bill of exceptions to show that any such motion (or demurrer) attacking the answer was made, submitted, or de- cided. It appears that at the time of the making of the order made and signed July 28, 1898 (the day before the judgment was rendered), the courts in adopting the findings of the referee, ordered "that judgment be entered in favor of plaintiffs in the sum of $996.95 and costs, credited by defendant taxed costs for * overruled motions against plaintiffs herein," and filed "a memorandum of opinion," in which the judge stated that no objection was made to the findings of the referee, and that *'the only questions that remain are in determining the suffi- ciency of the counterclaims," and that "it is urged by defend- ant that inasmuch as plaintiffs failed to interpose a demurrer, that now, after default, they cannot object to the pleading if it falls short of stating a cause of action." On November 11, 1898, the judge signed, settled, and al- lowed a bill of exceptions on motion of plaintiffs, in which there appears an opinion of the judge, with argument and authorities to support the reasons of the court why it believed that the de- fendant had been surprised by certain action of the court, which action is, after the granting of the motion for a new trial and in the so-called bill of exceptions of plaintiffs, referred to in the following language: "Subsequently to the filing of its an- swer by the defendant the plaintiffs appeared, after notice to the defendant, and moved the court to strike out each, of the six demands set out in defendant's answer as counterclaims, upon the grounds that the same were sham, in*elevant, indefi- nite, uncertain, and did not state facts sufficient to constitute a cause of action or defense. Each said demand and counter- claim in defendant's said answer was by said motion sought separately^ to be stricken out After argument the said motion 182 PoRTEtt ET Ai*. i;. Ind. Ptg. Co* [I^^c. T.'Ol was Bubmitted^ and \the court denied said motion upon the theory that the said matter sought to be stricken out, if defect- ive, should have been assailed by a general demurrer to each counterclaim, and that the remedy was not by motion to strike out I am of the opinion that, as to three of said demands, said motion should have been sustained. (Lomme v. Kvnizvng, 1 Mont. 290 ; S<mds v. Maclay, 2 Mont 35 ; Smith v. D(wis, *i Mont 109 ; McMahon v. Thomion, 4 Mont 46, 1 Pac. 724 ; Dodson V. Neviti, 6 Mont. 618, 6 Pac. 358.) Afterwards said cause was referred to Fletcher Maddox to hear the testimony, and find facts and report the same to the court; which was done; and thereupon the cause was submitted to the court upon plead- ings and fitidings of the referee, and judgment was rendered in favor of the plaintiffs, disallowing the three said counterclaims heretofore referred to, and which are specifically set out in the ruling of the court thereon, heretofore made, and were disal- lowed upon the ground that they each failed to state a cause of action. I am of the opinion that the ruling of the court in denying said motion to strike out, and subsequently disallowing said counterclaims, was a surprise to the defendant, within the meaning of Subdivision 3 of Section 1171 of the Code of Civil Procedure, and such a surprise which ordinary prudence could not have guarded against; no reply having been filed, and the default of the plaintiffs on said counterclaims having been entered of record, no evidence was received or offered in sup- port of said counterclaims, and the defendant, perhaps, had the right \o assume that, said motion to gltrike out having bean denied, his coimterclaims were sufljcieaitly well pleaded. (Monson <6 Valentine v. CooJct, Kenney & Co,, 5 CaL 436 ; Carpentier v. Small, 35 Cal. 362; Hartson v. Harding, 40 CaL 267; Tennami v. Pfister, 45 Cal. 272; Hayne on New Trial and Appeal, Sec 37.)'* Although we may not consider the opinion of the court below, ' — only its acts, and not its reasons, being properly part of the reicord to be brought to this court on appeal, — still when, as in this ddse, it is submitted by all parties in their briefs that the 26 Mont] PoBTEB ET AL. V. Ind. Ptg. Co, 183 acts referred to in the opinion last above quoted were done at- the time and in the manner stated by the jndge, it is not im- proper or ill^al for ns to assume them to have been done as stated ; and the opinion of the judge, while in no wise to be considered as any part of the case, having, however, been sub- mitted to us without objection, it may, not unwisely, be read and considered by us as possibly suggestive of what may be the just and lawful determination of this appeal. The question to be decided is a close one. Now trials are statutory. If granted, they must be granted upon statutory grounds, and none other. (Ogle v. Potter, 24 Mont 501, 62 Pac. 920.) The record is obscure iri many places, very redundant in others, and absolutely wanting in most important points. If it were not for the fact that the briefs submit to this court matters as part of the case which do not appear in the record, it would be impossible to tell what were the grounds on which hearing of motion for a new trial was had. It is certain from the record and the concessions contained in the briefs of the parties, taken together, that the court had submitted to it and argued before it, on the hearing on motion for a new trial, the fact that, pending answer, it had denied the motion to strike certain counterclaims in the answer, the ground of such motion being as hereinbefore set forth, and the claim of the defendant that such denial was an assurance to it that the court held the answer good in all its counts for substance, and that the "change of front" by the court, after adopting the report of the referee, in that it suddenly, and without notice to the defendant, held the answer bad in several counts, and ordered judgment for the plaintiffs, was accident and surprise, which ordinary pru- dence could not have guarded against, and on account of which a new trial should be granted. The court granted a new trial upon the ground of accident and surprisa If we hold that counselors and attorneys are presumed to know the law at their peril, and that equally, at their jeopardy, they accept as law and worthy of safe dependence the decisions of the court in the proceedings of a cause, then, of course, there is here and now 184 PoKTER ET Ai.. V. Ind. Ptg. Co. [Dcc T.'Ol an end of this discussion. But such has not been the view of this court^ as appears by a perusal of the opinion of Mr. Justice DeWitt in Newell v, Meyendorff, supra. The injured party must have a remedy. Where is it? The motion to strike, conceded to have been made, although called a motion, was also a demurrer, notwithstanding the fact that the court in the bill of exceptions of the plaintiiFs declared that a demurrer had not been filed, the court probably, in its discretion, without notice to the de- fendant, having ruled on the motion as though it were a mere motion to strike, and declining to consider the motion as a de- murrer, it not being in form a demurrer, though such in sub^ stance and effect. This motion attacking the answer for want of substance was overruled. Was not the decision of the court in this denial to be relied upon until the court should reverse its ruling ? Then why should, in common justice, the defendant be mulcted for depending upon the wisdom and consistency of the court? (Jejfree v. Walsh, 14 Nev. 143.) Was not the act of the court in thus misleading the defendant a statutory ground for a new trial ? The court, discovering its error, should have informed the defendant of the mistake, and, pending action upon the motions to adopt the findings of the referee, have given the defendant a chance to amend its answer upon terms, if it saw fit to do so, and, if the defendant amended its answer^ then the matter should have been sent back to the referee for further proceedings before him under the court' j? order to make findings. But the court did not do this. It granted the motion of plaintiffs to adopt the findings of the referee in favor of the plaintiffs, and then gave judgment for them. Afterwards the court, upon motion, seeing its error, hastened to make amends in the interest of justice. All of the cases mentioned herein, as well as the text writer Hayne on New Trial and Appeal, tend to support the opinion of District Judge Leslie in his view that his act was such an accident or circumstance happening in the case as prevented the defendant getting justice on the trial. Defendant was induced by the 26 Mont] PoETEB ET AL. V. Ind. Ptg, Co. 185 court not to introduce anj^ evidence before the referee to support its claims set up or attempted to be stated in the answer. This appears from the aflSdavits of counsel, which affidavits were used on the hearing, as is admitted by counsel. Failure to in- troduce evidence on the trial in this case after default of reply to the counterclaims, was the direct consequence of the action of the court in making an erroneous ruling declaring the answer good. Was not the error of the court, resulting from the mo- tion of the plaintiffs, such an act as was extraneous to the de- fendant, and one entering into the proceedings of the trial, in that it put before the referee and kept before him an answer ajod an order of default of reply thereto, and which, iri effect, told the referee that he need not take any testimony in support of the claims of the defendant, and that the latter need not offer any ? We think so. Then it was an error which could be considered on motion for a new trial. It prevented a fair trial. It rarely happens that such a concatenation of circimistances is presented to a court of last resort as appears herein, there be- ing important omissions from the record uncomplained of, ob- scure specifications of alleged error, ooncessions in briefs of facts omitted from the record, and unusual error of the court below, with an honest desire to correct and remedy it in a way difficult to review and involving very close questions of pro- cedure and practice. In a case with so poor a record, uncom- plained of by appellants or respondent, in respect of important faults, and raising so close a question to be determined, it seems to be the duty of this court to affirm the action of the lower court in granting a new trial, especially when it is so apparent that the court granted it because it had done the judgment debtor an injustice. By suggestion rather than by positive declaration this court in Newell v. Meyendorff, supra, indicates that the point herein considered can be raised and determined on appeal from an order granting or refusing a new trial. In view of the very close questions before us to decide, the writer of this opinion is not willing to have this case considered as a precedent except for such a case hereafter appearing as 186 PoETEE ET AL. V. Ind. Ptg. Co. [Dec* T.'Ol may be identical in all particulars with the one herein treated. The order granting a new trial is aflSrmed. Affirmed. Mr. Justice Pigott: The arguments in support of the order appealed from and the arguments against it seem to me to be of equal legal force. Of course they are not But to my imperfect mental vision the reasons which may be urged upon the one side are as strong as, but no stronger than, those which may be advanced upon the other, — ^they are of equal weight and the scales are in equipoise. Not being satisfied that the court below erred in granting a new trial, I concur in the judgment of affirmance. Mb. Chief Justice Bbantly, dissenting: I do not agree with my associates in the result reached in this case. The tran- script before us embodies the record upon which the order of the district court granting a new trial was made. Besides copies of the notice of appeal and the order from which the ap- peal was taken, it consists of copies of the judgment roll and of a bill of exceptions settled by the judge at the instance of the plaintiffs at the time the order was granted. ,This bill includes not only copies of the affidavits referred to in the majority opinion as filed in support of the motion so far as it proceede<l upon the ground of accident or surprise, but also a copy of a bill of exceptions settled at the instance of the defendant in support of other grounds laid in its motion. !Nowhere in th»^ record, however, do we find a copy of the motion to strike out the counterclaims pleaded in the answer, nor of the order over- ruling the same. For evidence that any such proceeding took place in the district court resort must be had to the opinion of the district judge rendered at the time the order granting a new trial was made and to the affidavits incorporated in the bill of exceptions. In the majority opinion the recitals contained in these papers are permitted to supply the place of papers, to- wit, the motion and the order overruling it, which the law re- 26 McHit] Porter et al. v. Ihd. Ptg* Co. 187 quires to be part of the records of the court as embodying the only evidence to which this court may look to determine, in ti given case, what action has been had therein in the trial court and the grounds therefor. In other words, the recitals in these papers are permitted to take the place of a copy of a motion to strike as well as of the order overruling it; whereas, what is made to appear from the papers actually filed in the district courts and the entries actually made in its journal, are the only things to which the district court itself, or this court, may look in order to be satisfied that such an order was made. In my opinion, we may not lode to these papers for such a purpose. The opinion of the judge has no place in the record for any purpose {Menard v. Montana CerUral Railway Co., 22 Mont 340, 66 Pac. 592; Butte <& Boston Mm. Co. v. Socieie Anonyme des Mines de Lexington, 23 Mont 177, 58 Pac. Ill, 75 Am, St. Rep. 505 ; Cornish v. Floyd-Jones, 26 Mont. 153, 66 Pac 838) ; therefore the recitals therein cannot be consid- ered. The aflSdavits may not by their allegations supply the place of an order which should, if it was ever made, appear in the court journal and in the judgment roll. If we may not con- sider these papers as evidence of the making of the order, the subsequent reversal of which upon the entry of judgment is alleged to have surprised the defendant, but must look only to the record which was before the district court at the time :he new trial was granted, then there is nothing in the record to justify that court in granting it True, these matters are re- ferred to in the briefs of counsel, but the implied admissions thus made that such a motion was filed, and such an or«ler was made thereon, in no way aid the recitals referred to. Omitting these recitals from the record as matters having no place there- in, it fails to show any reason for granting a new trial upon any of the statutory grounds ; for, so far as appears to us, none of the other grounds laid in the motion justify the order, and it seems to have been made for a reason which has no founda- tion to support it except matters which rested in tiio memory of the district judge and of counsel. If there ever was filed 188 Porter bt ai.. v. Ind. Ptg. Co. [Dec T.'Ol in the district court a motion to strike which was treated as a -demnrrep for substance^ and if an order was ever made over- ruling it upon the theory that it was such a demurrer, thus misleading counsel to defendant's prejudice, the evidence of these proceedings should be found in the judgment roll. None being found there, the presumption is that they never occurred, or, in any event, that they never became a matter of record in the district court ; for we must presume that the judgment roll was made up by the clerk from the record as it actually exist& Omissions therefrom, if any, should have been supplied by amendment to the record in the proper way, and not by aflSda- vits of counsel or the mere recitals in the opinion of the judge. To justify the granting of a new trial upon a record such as presented in this case is equivalent to saying that, if the dis- trict judge conceives in his own mind that there exists a reason why a new trial ought to be granted, he may grant it, irrespect- ,ive of the contents of a motion made for that purpose. This court thus establishes a precedent for a practice that finds no justification anywhere, so far as I am awara Upon the record counsel for defendant relied upon their default taken against the plaintiffs. They had a right to do so, if they chose. The default was entered by. the clerk, and not by the court When the defendant made its motion for judgment in its favor for a balance after allowing credit for the amount found in favor of the plaintiffs by the referee, there was presented to the court for the first time in the case the question whether the counterclaims stated a cause of action. The defendant, through its counsel, thus chose to abide the action of the court upon their motion. Having done so, they were bound by the conclusion reached thereon, and should not be heard to complain, except upon appeal from the judgment 26 Mont] PoRTEB ET AL. V. Ind. Ptg. Co. 18* On Motion fob Reheabino. « (Submitted January 2, 1902. Decided January 8, 1002.) MR. JUSTICE MILBURN delivered tlie opinion of the fjourt* The plaintiffs have submitted a motion for a rehearing of this case, which was decided by this court on the 9th day of December, 1901; and, after considering the same, we are of the opinion that the general result reached in the original opinion is correct Our attention having been called to the fact, however, that the findings of the referee in favor of the plaintiffs were conceded to be correct and that three of the counterclaims of the defendant were properly allowed by the district ocmrt, it finding for the defendant for the amounts* claimed therein to be due, we think, und^ these circumstances,, that the order of affirmance is too broad and should be, and now is, modified to read as follows : "The cause is remanded with direction to the district court to cause to be entered an order granting the defendant's motion for a new trial in so far only as are involved the matters pre- sented by the counterclaims other than the three included in. the judgment, with leave to defendant to amend its answer. Remanded with direction to the court to proceed as above* ordered. Modified and affirmed. 190 , KiBK ET.AL. tt. Bakeb bt al. [Dcc T/01 KIEK ET AL., Respondents, v. BAKER et al.. Appellants. : <No. 1,890.) (Submitted NoTember 21, 1901. Decided December 16, 1901.) Executors and Administrators — Real Estate — Sale — Noti-ce to . Heirs — Proof of Heirship — Necessity — Administrator's Liability. Real estate of a decedent was sold by an administrator under order of the probate court. Thereafter certain persons claiming to be heirs of the de- ceased, and therefore entitled to a share In the land, claimed their share of the proceeds of the property from the administrator on the ground that they had no notice of the sale, or of the proceedings therefor ; and, he ha v. Ing refused to pay them, their claim was paid by the purchaser, whereupon he sued tiie administrator and his sureties to recover the amount so paid, the complaint alleging that there was no mention made of the alleged heirs, or of their claims, at any time or anywhere In tue probate proceed- ings or record. Held that, since the administrator was not required to take notice of the claims of such heirs until their heirship had been estab- lished as prescribed by Code of CItH Procedure, Title XII, Chapt. 10, Art. II, and the complaint alleged that no such proceedings had been had, plaintiff was not entitled to recover. Appeal from. District Courts Oallaiin CowfUy; F. K. Armr strong. Judge. Action by T. S. Kirk and anotiier against H. B. Baker and others. From a judgment in favor of plaintiffs, and from an order denying a new trial, defendants appeal. Reversed. Messrs. Luce & Luce, for Appellants. Mr. Eugene B. Hoffman, for Respondents. MR. JUSTICE MILBURN delivered the opinion of the court This is an appeal from a judgment in favor of plaintiffs and from an order denying defendants' motion for a new trial. The action was brought by plaintiffs and respondents to recover of 26 MoBtl Kirk et al. v. Bakes ex au 191 H. B. Baker, as administrator of the estate of Nancy F. Baker^ deceased, and one W. Eiiiley and Mrs- S. Niles Baker, sureties on the official bond of the administrator, the sum of $256, al- leged to be due plaintiffs for money paid by them to Arthur C. Long and Mary Wood for an alleged one-twelfth interest which they claimed in the real estate of said Nancy F. Baker, deceased. The land in which the said Long and the said Wood claimed an interest was all the property which belonged to said estate, as appears from the complaint, and was conveyed by an order of the probate court of Gallatin county to H. N. Kirk for $3,000 on June 6, 1887, having been sold under decree of said court, and by H. N. Kirk conveyed to the plaintiffs. The plain- tiffs claim that the said Arthur C. Long and the said Mary Wood were minor heirs, and that there was not any notice of the time and place of said sale given to them, and that said sale was made without printed or posted notice to any one, and that, after attaining their majority, they claimed from the defendant H. B. Baker their portion of the proceeds arising from the sale of the property, but that said H. B. Baker refused to pay them the same; and that on the 18th day of January, 1897, the said Arthur C. Long and the said Mary Wood brought suit against the plaintiffs for a partition of the real estate, and that they paid said parties $250 for their said one-twelfth interest and $6 for expenses of litigation, in order to avoid the suit. In tlie suit at bar they had judgment in the court below for the sum claimed. The complaint further states that there was not any mention made of the two alleged heirs, or of their claims, at any time or anywhere in the probate proceedings or records. Xumerous points are relied upon and urged by appellant •?, but we see no useful purpose in noticing more than one, i. e., want of substance in the complaint. It is obvious from the complaint that at no time has any ono of the two alleged heirs or their assignees, respondents herein, appeared in the probate court to have his or her status or clai.iis adjudicated. It appears conclusively from the complaint that at no time has the probate court made any order in the preni- 192 Kirk et al. v. Bakes et al. [Dec T/01 ises, and it is therefore true that the administrator haa not disr obeyed any order of the court in relation to these alleged heir* or their assigns. An administrator, at his peril, declares persons to be inter* ested as heirs or other claimants, and pays or delivers to them any part of the money or other property of the estate, before such persons have been formally by the court in probate pro- ceedings declared to be such, and before he is ordered by tiie court to make distribution, after report and accounts made and allowed, showing the condition of the estate* If he neglect and refuse to obey the order of the court to distribute, and not be- fore, is he liable upon his official bond. In this case there is no reason why an extended opinion should be rendered. It is sufficient to say that Article II, Chap- ter XI, Title XII (Sections 2840-2847), of the Code of Civil Procedure, on Distribution on Final Settlement, shows^ how any person claiming an interest in any part of the estate upon distribution, whether as heir or not, may enforce his claim, and, if necessary, have his heirship determined; and further shows how and to whom distribution shall be made. Examina- tion of the provisions of said article clearly shows that the plaintiffs have no cause of action under the facts stated in the complaint. It is needless to say more in this case. The judgment and order appealed from are reversed, and the cause is remanded. Reversed and remanded. 26 Mont.] Wetzstein v. B. & M. O. C. & S. M. Co. 193 WETZSTEIN, Respondent, v. BOSTOX & MONTANA CONSOLIDATED COPPER & SILVER MINING CO., Appellant. (No. 1,671.) (Sobmitted October 8, 1901. Decided December 23, 1901.) Mines — Recovery of Interest Thefein — Injunction^ Pendente Lite — Order to Show Cause — Evidence — Admissibility — Record of Former Judgment. 1. Obiter. The incorporation In a complaint In one case of the alleg.%tici8 contained In a complaint In another and separate cause, naming other par- ties as defendants by reference merely, Is of very questionable propriety. 2. On appeal the supreme court will not undertake to determine whether the evidence was insufficient to warrant the Issuance of an injunction pendente lite, when the order granting the same must be reversed on other grounds. 3. On the hearing of an order to show cause why an injunction pendente lite should not issue, for which application was made by complainant on the filing of his complaint, the proposed answer of defendant to the suit, and the proposed answer of defendant to another puit concerning the same mine, the complaint of which had been made a part of the present complaint, were properly rejected, where the yeriflcatlons of the same were on infor- mation and belief ; positive verifications being required. 4. On the hearing of an order to show cause why an injunction should not issue to restrain defendant from operating a certain mine pending a suit for an Interest therein, it was error to reject, as Irrelevant and immaterial, the pleadings, judgment and findings of a prior actlooi which adjudicated the ultimate rights of the parties in the subject of the controversy. 5. On the* hearing of an order to show cause why an injunction should not issue to restrain defendant from operating a certain mine pending a suit begun in 1901 for an Interest therein, the record of a prior action between the parties in regard to the same mine, wherein it appeared that the deed alleged in lae present suit to be fraudulent and to have been executed by mistake was in existence in 1885, and that ores had been removed fron the mine for at least three years before this application was mado, was improperly rejected ; the same being material, together v 1th othek.* facts, on the question of plaintiff's laches in making the application. 6. On the hearing of an order to show cause why an injunction should not issue to restrain defendant from operating a certain mine pending a suit for an interest therein, the record of a prior action wherein it appeared that an injunction had been denied on the same iacts and Issues as were involved in the present suit was admissible as oari'Inv: a second applica- tion for an injunction on the same facts, where tbo court was doubtful or the good faith of the application, and of ::he merits, and of the plaintiff's laches. 7. Where, on the hearing of an order to show cause why an injunction should not issue, restraining defendant from operating a certain mine pending a suit for an interest therein, it appeared that several suits between the Vol. XXVI-13 ! 38 19:) i 1 p27 220 627 221. 26 193 80 417 104 Wetzsteix v. B. & M. C. C. & S. M. Co. [Dec. T.'Ol same parties had been brought concerning this same mine, in one of which an appeal was pending, the affidavit of the defendant's attorney, made on his knowledge, as to the history of the litigation, was admissible, as tend- ing to make clear the identification of the parties and the subject-matter in the several suits. Appeal from Distinct Court Silver Bow County; WUliam Clancy^ Judge, Suit by Adolph Wetzstein against the Boston & Montana Consolidated Copper & Silver Mining Company. From an order granting the plaintiff an injunction pendente lite, re- straining the defendant from operating its mines^ the defendant appeals. Keversed. Messrs. Forbis & Evans, for Appellant. Messrs. McHatton <& Cotter, Messrs. Toole & Bach, Mr. Jas. M. Denny and Mr. Robert B. Smith, for Respondent. ME. CHIEF JUSTICE BRANTLY delivered the opinion of the court. This action was brought by the plaintiff to obtain a decree awarding to him an undivided oncHfourth interest in the Com- anche lode claim (patented), situate in Silver Bow county, and for an accounting for ores extracted and removed therefrom by the defendant, and converted to its own use. Upon the filing of the complaint an application was made for an injunction to restrain defendant from extracting or removing ores pendente lite, and, after a hearing upon an order to show cause, the court made an order granting the injunction as prayed. From this order the defendant has appealed. The principal questions presented for examination arise upon the rulings of the district court in excluding certain evidence offered by defendant. The purport of these rulings is best un- derstood by reference to the allegations upon which the plain- tiff bases his claim of title. Omitting formal matters, a brief synopsis of these is the following: That plaintiff is, and since 26 Mont] Wetzstein v. B. & M. C. C. & S. M. Co. 195 March 21, 1894, has been, the owner and entitled to the pos- session of an undivided one^fourth of the Comanche lode claim, which is valuable for the silver and copper ores contained there- in; that it was located on January 19, 1879, by one D. N. Up- ton and one N. L. Turner, each thus becoming entitled to an undivided one-half interest ; that Upton theraf ter, and on Feb- ruary 28, 1889, conveyed an undivided one-fourth interest to one George H. Tong; that he never thereafter conveyed any other interest to any person until November 16, 1893, when he sold and conveyed his remaining one-fourth interest to one H. L. Frank, who thereafter, and on March 21, 1894, conveyed the same to the plaintiff ; that though said Upton had not sold any interest except to Tong, as aforesaid, said Tong, one Pat- rick Largey, one Howard H. Zenor, and one Nicholas J. Bie- lenberg, on or about June 3, 1890, applied to the United States for a patent to the said claim, fraudulently excluding Upton from the application, intending thereby to obtain for them- selves title to the interest belonging to Upton ; that Upton was at that time the owner of record of an undivided one-fourth in- terest; that notwithstanding this fact they procured a patent from the United States for themselves^ fraudulently excluding Upton therefrom ; that they thus became trustees of the legal title of the interest belonging to Upton; that the patentees thereupon organized the Comanche Mining Company, they be- coming the officers and stockholders thereof ; that the said com- pany was organized for the purpose of taking title to the claim patented as aforesaid, and that the patentees thereupon con- veyed the said claim to it by quitclaim deed, the only consider- ation therefor being capital stock of the company which they caused to be issued to themeselves ; that the company took the conveyance of the property with full knowledge of Upton's rights; that the said company on November 10, 1896, conveyed Ihe claim to the defendant herein, but that the defendant took the conveyance with full knowledge of plaintiff's rights under his conveyance from Upton through Frank ; that the defendant thereupon entered into the exclusive possession of the claim 196 Wetzstein v. B. & M. C. C. & S. M. Co. [Dec T/01 so conveyed to it^ and has ever since excluded the plaintiff there- from^ claiming to be the exclusive owner^ and denying that the plaintiff has any right or interest therein; that defendant is still in exclusive possession of the property, and is mining, car^ rying away, and converting to its own use large quantities of ores therefrom, and will continue to do so, refusing meanwhile to account to the plaintiff for any portion of them or of their value; that it has already taken therefrom ores of a value ex- ceeding $4,000,000 ; that the plaintiff has no means of knowing the exact amount of the ores so being taken from day to day, and thatj unless a receiver be appointed and the defendant en- joined, he will be compelled to rely upon the good faith of the defendant when it is finally made to account; that the defendant will not, as plaintiff believes, render a ootrrect account ; that it is also engaged in working other mines^ and is mixing the oreef rom the Comanche claim with the ores from such other mines, and is treating and smelting them all together, though the ores from the Comanche are of much greater value; that the ores from the latter are of great richness, and that there can be easily ex- tracted of them during each year an amount of the value of $1,000,000 ; that the defendant is about to convey all its prop- erty, including the Comanche claim, to a corporation formed outside of the state of Montana, thus increasing the danger of irreparable loss and damage to the plaintiff unless the defendant be required to deliver one-fourth of said ores to a receiver ; that plaintiff has demanded that he be let into possession of the Comanche claim jointly with the defendant, but that his de- mand has been refused ; that he has likewise demanded that de- fendant deliver to him on the dump one-fourth of all ores ex- tracted, offering to pay the defendant one-fourth of the expenses of mining the same, but that this demand has likewise been re- fused ; that plaintiff is able, ready, and willing to pay his part of the expense of working the property ; that he and defendant are in fact cotenanta in the property, the defendant owning an undivided three-fourths interest therein; that defendant is extracting the ores aforesaid through workings not on the prop- 26 Mont] Wetzstein v. B. & M. C. C. & S. M. Co. 197 erty, which fact prevents plaintifF from ascertaining the amount and value of them ; and that prior to the commencement of this action the plaintiff had instituted another action against the defendant and others for the reformation of a deed from Upton to Patrick Largey, now deceased, and for various other reliefs, as will appear by the complaint filed with the clerk of this court, to which plaintiff refers and makes part hereof, without setting forth the same at length, but with the same force and effect as if fully set forth herein. The complaint referred to in the latter part of the foregoing synopsis is copied into the transcript as a part of the complaint in this cause. Besides the Boston & Montana Consolidated Copper & Silver Mining Company, there are named as defend- ants therein David IS, Upton, George H. Tong, Howard EL Zenor, Nicholas J. Bielenberg, Henry L. Frank, Lula F. Lar- gey, administratrix of the estate of Patridc Largey, deceased, Charles S. Warren, and the Comanche Mining Company. It sets forth, in substance, all of the allegations contained in the forgoing synopsis touching the location of the Comanche claim ; the proceedings to obtain a patent by Tong anfl others ; the alleged fraudulent exclusion of Upton from the application and from the patent; the various conveyances from Upton to the plaintiff; the conveyances from the patentees to the Com- anche Company, and from that company to the defendant, with the all^ation of knowledge on the part of the company and the defendant as to Upton's rights at the time the respective con- veyances were made to them ; the exclusive possession claimed and held under its conveyance by the defendant; the mining operations conducted by it; its intention to convey all of its property, including the Comanche claim, to a corporation formed outside of the state of Montana ; the cotenancy of plain- tiff and the Boston & Montana Consolidated Copper & Silver Mining Company, — ^and then continues as follows, alleging by way of information and belief that David W. Upton, before he had made the conveyance to Tong of an undivided one-fourth interest, and before he conveyed the other one-fourth interest 198 Wetzstein v. B. & M. C. 0. & S. M. Co. [Dec. T.'Ol belonging to him to H. L. Frank, relocated a claim upon the ground embraced by the Comanche claim, which he called the "Grand Prize," and thereafter, iat the request of Largey, exe- cuted a deed to said Largey by which he intended to convey to the said Largey an undivided one-fourth interest in the Grand Prize claim, whereas in fact, but by mistake on his part, which was known to Largey at the time, he actually conveyed a one- half interest; that at the time he made the conveyance to the said Largey it was represented to him by Largey that the con- veyance in no wise deprived him of any interest then owned by him in the Comanche lode claim ; that he relied upoji such representations made by Largey; that the deed then executed had been prepared under the instructions of Largey, and was understood by Upton to convey only an undivided one-fourth interest in the Grand Prize lode claim; that there- after Upton discovered that the deed, upon its face purported to convey an undivided one-half interest; that he immediately, upon his discovery of th.e fact, called the attention of Largey to the error made, and that thereupon Largey agreed with him that it was an error, and that Largey would rectify it by a reconveyance to Upton of an undivided one-fourth interest; that Largey never made the said conveyance as he agreed ; that the relocation made by Upton of the Comanche claim under the name of the "Grand Prize Lode Claim" was for the purpose of avoiding the conse- quences of an adverse decision which was anticipated as to the location of the Comanche lode claim, at that time involved in litigation ; that thereafter the location of the Comanche lode claim was held good, and thereupon the Grand Prize location became nugatory and was abandoned both by Upton and Largey and all the other parties interested ; that heretofore, and long prior to the commencement of this action, and after plaintiff became the owner of the said one-fourth interest in the Com- anche claim theretofore owned by Upton, the plaintiff attempted to assert his title to the said interest, when, to his surprise, it was claimed that he, as the successor of said Upton, was es- 26 Mont.] Wetzstein v. B. & M. C. C. & S. M. Co. 199 topped from asserting any title thereto by the deed of Upton to Largey of the one-half interest in the Grand Prize claim, and that, because said Upton had deprived himself of any in- terest in the Comanche claim, the deed from Upton to Frank and from Frank to Wetzstein was void ; that the deed from Upton to Largey of the one-half interest in the Grand Prize claim was fraudulent and void ; that, in taking the conveyance of the one-fourth interest in the Comanche claim from Upton through Frank, the plaintiff relied upon the record of Upton's title, as well as upon the adjudications by the courts that the location of the Comanche claim was valid ; that there was no record of any conveyance by Upton to any other person than that to Frank, from whom plaintiff purchased ; and that before the bringing of this action Patrick A. Largey died intestate. and Lula F. Largey was appointed and qualifie<l as adminis- tratrix upon his estate. Xo allegation is made in either complaint of any wrongdoing by defendant Warren, the only reference to him being a state- ment in both complaints that at the time the application for patent was made he was the owner of an undivided one-eighth interest; he, Largey, Zenor, and Bielenberg having obtained the interest of Turner, the colocator with Upton, by conveyance from him. The prayer of the first complaint is for a decree adjudging the plaintiff to be the owner of an undivided one-fourth interest in the Comanche claim ; that all adverse claims of the defendant are without right ; that the defendant be enjoined, pending the hearing, from mining and taking away ore ; and that the plain- tiff have general relief. The prayer of the second complaint is for a decree adjudging the action of Tong and his associates in excluding Upton from the patent to be fraudulent and void; that the one^fourth in- terest owned by Upton in the Comanche claim under the loca- tion was not conveyed to Patrick A. Largey by the deed to the one-half interest in the Grand Prize claim ; that, if it be held that this deed conveyed any interest whatever, it be reformed 200 Wetzstein v. B. & M. C. C. & S. M, Co. [Dec T/01 80 as to show the true intent of the parties at the time it was made, and that the reformation be so made as to relate to the date of the conveyance by Upton to Largey ; that it be adjudged that, at the time Upton conveyed or executed the deed to a one- fourth interest in the Comanche claim to H. L. Frank, he was the sole owner and entitled to the possession of the interest so conveyed, and that plaintiff by his conveyance from Frank be- came entitled to the said interest; that plaintiff's title thereto be forever quieted ; that the plaintiff and the Boston & Montana Consolidated Copper & Silver Mining Company be declared to be cotenants in the Comanche claim, the plaintiff being en- titled to a one-fourth interest, and the said corporation to the remaining interest; and that the plaintiff have {*uch further relief as to the court may seeip proper. Before proceeding to discuss the questions presented by aj)- pellant, we stop to remark that no question was made in the court below, nor is any made in this court, as to the form of the complaint, or as to the sufficiency of the allegations con- tained in it To say the least of it, the incorporation in the complaint in this case of the allegations contained in the com- plaint file^l in another and a separate cause, naming; other par- ties as defendants by reference, merely, is of very questionable propriety. Inasmuch, however, as the appellant makes no ques- tion as to the method adopted in this regard, we pass it without further comment. 1. The appellant contends that the evidence adduced at the hearing was insufficient to warrant the issuance of an injim-^- tion. AVe shall not now undertake to determine the merits of this contention, for the reason that the order must be reversed on other grounds. By the time another hearing can be had in the district court, a wholly different situation may be pre- sented, and we would avoid prejudicing the rights of the par- ties as they may then be made to appear. Furthermore, as will appear from matters referred to hereafter, it may be that the rights of the parties will have been finally determined before 26 Mont.] Wetzstein v. B. & M. C. C. & S. M. Co, 201 another hearing can be had, in which event such hearing will be entirely unnecessary. 2. The plaintiff introduced evidence tending to support the allegations of his complaint. Thereupon the defendant offered to introduce as evidence its proposed answer to the complaint in this cause, and also the proposed answer in the cause the complaint in which is adopted as a part of the complaint in this cause by reference. This latter cause is designated in the district court records as Xo. 9,081. These answers are verified by one C. S. Batterman, superintendent of the defendant, upon his information and belief. Upon objection, they were ex- cluded as incompetent Defendant assigns error. The ruling was correct Ex parte affidavits may be used by the plaintiff as evidence in support of an application for an injunction. (Code of Civil Procedure, Sec. 872.) Likewise they may be used by defendant in resisting the application. {Id. Sec. 875.) In the latter case oral evidence may also be resorted to by both parties, but the answer, if verified, has the effect only of an affidavit (Id. 877.) It docs not follow, however, that the ordinary rules of evidence are not to be observed in the use of such affidavits. It was said in Thompson v. Ocean City Railroad Co. (X. J. Ch.), 37 Atl. 129: "It would seem that the same rule must be applied to distinguish between testimony that is admissible and testimony that is nonevidential, whether such testimony is found in affidavits to be used as a ground for obtaining an injunction, or the testimony is produced in open court by the examination of witnesses to support any litigated fact'' In Bennett Bros. Co. v. Congdon, 20 Mont. 208, 50 Pac. 556, this court, speaking through Mr. Justice Hunt, said: "A court is sometimes called upon to grant a temporary re- straining order to show cause, upon papers or testimony which at first examination appear to be sufficient, yet afterwards are held not to be. In certain instances, haste in issuing a restrain- ing order is necessary to prevent the doing of an act which, if done, would apparently work irreparable injury to another. A judge, imder such circumstances, must do the best he can, 202 Wetzstein v. B. & M. G. C. & S. M. Co. [Dec. T.'Ol by acting upon the testimony at hand. But when the return day has come the parties may offer strictly legal testimony foi the purpose of continuing or dissolving the order, and if they do, it is the duty of the court to hear and consider it^ and to exercise its Ic^al discretion upon all that is competent and properly before it" Mr. Justice Hunt cites Thompson v. Rail- road Co,, and approves the passage quoted supra as embodying a correct statement of the rule applicable to such affidavits. The use of affidavits in preliminary injunction proceedings, whether it finds its sanction in the usages of courts of equity, or is founded upon express authority of the statute, has for its pur- pose the expediting of the hearing in order that relief may be quickly obtained from impending injury, for which, if it were allo\ved to occur, the law could not afford adequate remedy. The rule goes no further, however, than to excuse the complain- ing party from the necessity of presenting his evidence in the ordinary Avay ; that is, by the testimony of witnesses sworn an I examined orally at the hearing in the presence of the adverse party, or by means of depositions taken upon notice under the provisions of the statute. The statute regulating the issuance of injunctions without notice (Code of Civil Procedure, Sec. 872) recognizes this principle, by providing that no injunction shall issue upon the complaint alone, unless it be verified and the material allegations setting forth the grounds therefor be made positively, and not upon information and l)elief. Not only must the allegations be made in the form of positive state- ment, but the affidavit of verification must also be positive, so that the action of the court or judge in making the order in the first instance may be based upon an unequivocal statement of fact. (Butte £ Boston Consol. Min. Co, v. Monta?ia Ore Pur- chasing Co,, 24 Mont. 125, 60 Pac. 1039.) If the complaint does not meet these requirements, no injunction can be granted, unless there be presented in support of the application an affi- davit of some one who speaks from his own knowledge. The same principle must, of necessity, apply in contested applica- tions for injunction, and there is no reason why the rule should 26 Mont] Wetzbtein v. B. & M. C. C. & S. M. Co. 203 be relaxed in favor of the defendant when he appears to resist the application. A witness sworn to testify orally would not be permitted to depose to mere hearsay statements, neither may an affidavit embodying only hearsay statements be considered of any evidentiary value. The court in such proceedings mu^t deal with facts established under recognized rules of evidence, except so far as the method of presenting them may be modi- fied by recognized usages of courts of equity, or by express statutory provision. It is only by a consideration of facts so produced that the court may be moved to exercise its discretion in granting or refusing the demanded relief. (Bennett Bros. Co. V. Congdon, supra, and cases cited; 2 Cyc. Law & Proc. 35, notes "a'^ and "b") 3. The defendant offered also the pleadings, judgment and findings in a cause designated on the district court calendar as Xo. 5,050, wherein the plaintiff in this cause was plaintiff, and the Comanche Mining Company and all the persons named as defendants in cause No. 9,081, supra, except Upton, were named as defendants, besides certain other parties alleged to be interested in the Comanche claim as privies of the other defendants. This suit was begun on March 21, 1894, and the record was offered for the purpose of showing that it was sought by plaintiff therein to obtain a decree declaring the defendants trustees of the legal title of an undivided one- fourth interest in the Comanche claim, for the use and benefit of plaintiff, upon the same facts which are alleged in the pleadings in this cause. There were included in the same offer the original com- plaint, demurrer, application for injunction, order denying the same, and final judgment on demurrer in another cause, num- bered 8,304, wherein the plaintiff herein was plaintiff, and the defendant herein was named as defendant In that cause a judgment was sought decreeing the plaintiff to be the owner of the same undivided one-fourth interest in the Comanche claim involved in this cause and in No. 5,050, supra. This second record was offered for the purpose of showing this fact, and that, basing his right of recovery upon the same facts alleged 204 Wetzstein v. B. & M. C. C. & S. M. Co. [Dec- T.'Ol in the complaint in this cause, except as to the mistake in the Grand Prize deed, the plaintiff had applied for and been denied relief by way of a preliminary injunctioni In connection with the foregoing records there was also offered an affidavit of L. O. Evans, one of defendant's counsel. This affidavit gives a suc- cinct history of the controversy between plaintiff, as grantee of Upton, and the original patentees of the Comanche claim, the Comanche Mining Company, and the defendant, the presr ent holder of the legal title, and tends to identify both of the actions referred to as actions between the same parties, or their privies, and as involving the same interest in the property under the same claim of title. The affidavit further shows that cause 5,050 is pending in this court upon appeals from the judgment and an order denying a new trial, and that upon ap- peal to this court from the order denying an injunction in cause 8,304 the order was affirmed. These original files and the affi- davit were, upon objection of the plaintiff, excluded from the evidence as incompetent and immaterial. We think the ruling erroneous. The record in 5,050 shows that the plaintiff founded his right to recover therein upon the allegation that Upton was one of the original locators of the Comanche claim, that he had never conveyed any interest therein except a one- fourth interest to Tong, and that he had been fraudulently ex- cluded from the patent by Largey and his associates, although at the time of the application he appeared of record to be the OAvner of a fourth interest It further shows that, besides a denial of many of the affirmative allegations of the complaint, separate defenses were interposed as follows: (1) That the plaintiff had no interest in the Comanche claim, for the reason that in 1880, a short time after the location was made, Upton had conveyed the interest claimed by plaintiff to one Collins, who on or about August 6, 1884, had conveyed to Patrick A. Largey, and therefore that the deed by Upton to Frank, plain- tiff's grantor, conveyed no interest whatever; (2) that on or about August 6, 1884, Upton represented to Largey that Col- lins owned the interest in controversy ; that he induced Largey 26 Mont] Wetzstein v. B. & M. C. C. & S. M. Co. 205 to purchase the same and take a deed therefor from CoUina for a large sum of money; that Largey, with Upton's knowl- edge, expended money in protecting the title to the claim and in developing it; and that by his acts in this regard the said Upton had estopped himself and his grantees forever from mak- ing a claim to any interest therein; and (3) that the Comanche claim was a,lao designated and known by Upton as the *^Grand Prize Claim ;" that on November 23, 1885, he had conveyed to- Largey a one-half interest therein ; to Zenor, named as defendant,. a one-fourth interest; and subsequently in 1889, to defendant Tong the remaining one-fourth interest; that by these convey- ances the said Upton had parted with all interest that he ever had in the ground covered by the Comanche claim, and there^ fore that the plaintiff acquired no interest whatever by his con- veyance from Upton. It appears that the cause was tried upon the issues made upon these defenses by denials on the part of the plaintiff as to the two first, and by an allegation, by way of avoidance as to theJ last, that the Grand Prize location was made in order to hold the ground covered by the Comanche claim in case it should be adjudged, in an adverse suit then pending between the claimants under that location and their adversaries who claimed under another location, known as the "Smelter Claim," that the Comanche location was invalid, and that, the Comanche location having subsequently been held to be valid, the Grand Prize location was abandoned by all the parties in interest. It also appears that the court made special findings upon all of these issues. It found upon the first two in favor of the defendants, namely, that in 1880 Upton con- veyed to Collins the interest now claimed by plaintiff ; that on or about August 6, 1884, Upton induced Largey, by represent- ing to him that Collins owned the interest, to buy it from Col- lins, with other property, for the sum of $2,500, and that Lar- gey in so purchasing relied upon Upton's representations ; and that Upton received a commission of $100 for negotiating the purchase from Collins. Upon the third defense the issue was found in favor of plain/tiff, — that although the Grand Prize- 206 Wetzstein v. B. & M. C. C. & S. M. Co. [Dec T/01 location was made for the beaiefit of Upton, Largey and their associates, and interest therein conveyed to Largey, Zenor and Tong, as claimed by defendant, yet, when the Comanche loca- tion was held valid, all the parties, including Largey and Up- ton, had abandoned the Grand Prize location as nugatory. It was adjudged and decreed upon these findings that, at the time the patent was issued to Largey and his associates, Upton had no legal or equitable interest in the property, and that the plain- tiff acquired no interest whatever therein by virtue of the con- veyance from Upton after the patent was issued. It thus ap- pears that the altimate question involved in cause 5,050 (that is, the ownership of the interest in question) was the same question, fundamentally, as the one involved in this case. This question was agitated between the plaintiff and the grantors of the defendant It was adjudged in favor of the latter upon two distinct grounds, either of which, so long as the judgment stands, is conclusive against the claim of the plaintiff, without regard to the character of the Grand Prize deed ; for, if the judgment should finally be affirmed, it would forever preclude the plaintiff from obtaining a reformation of that deed, whether it was executed under a misapprehension by Upton or not The adjudication that the Grand Prize location was abandoned because the ground cQvered by it was already covered by the Comanche, a valid location under which Upton and his associates obtained title, was necessarily an adjudica- tion that none of them obtained any title under the Grand Prize location. This is binding upon the parties to that judgment, as well as upon their privies. The defendant, so long as the judg- ment stands, could not be heard to say that it obtained any title under it; neither should the plaintiff, who tendered the issue, and after it had been determined in his favor, be heard to assert that it stands as an impediment to his rights, which the court should remove by a separate decree. If that judgment were affirmed, and were properly pleaded as a bar to this action, the cqjirt would be compelled to hold it conclusive upon the plain- tiff. It meets all the requirements of the statute (Code of Civil 26 Mont] Wetzstein v. B. & M. C. C. & S. M. Co. 207 • Procedure, Sees. 3196, 3199) which declares tlie rule as to what matters are to be deemed concluded by a former judgment be- tween the samo parties and their successors in interest. The question here, however, is not whether the judgment is con- clusive upon plaintiff's right to maintain this action, — as de- fendant contends ; the question is, was the judgment admissible as a fact of import for the court to consider with other evidence in determining plaintiff's right to an injunction ? Appearing, as it does, to have adjudicated the ultimate rights of the par- ties in the subject of the controversy, it falls clearly within the principle of Boston & Montana Consol. Copper & Silver Mvn. Co, V. Montana Ore Purchasing Co., 25 Mont. 87, 66 Pac. 752, recently decided by this court, and furnishes a rea- son which would ordinarily, in the discretion of the court, be sufficient to warrant a denial of the injunction. The record was admissible upon other grounds. It was con- tended at the hearing that the injunction should not issue be- cause, whatever ultimate right the plaintiff might finally be found to have, Ije had failed to apply promptly for relief, and that his own laches precluded any relief by way of preliminary injunction. Had the evidence been admitted, it would have appeared from it and other facts submitted that though the Grand Prize deed had been in existence since 1885, and though, at the trial of cause 6,050 in the district court, Upton was con- fronted with this deed, and interrogated fully about it^ and though iJie removal of ores from the Comanche claim had been going on for at least three years at the time this application was made, no claim was ever made by him or the plaintiff until the bringing of this suit^ in February, 1901, that the deed was fraudulent or was executed by mistake. It is of some signifi- cance, also, that the deed was an important element in con- troversy at the trial of that cause, and yet no mention was made of the mistake in its execution in 1885. These facts were proper to be considered, with the other facts submitted, in de- teormining whether the plaintiff had slept upon his rights and was not entitled to preliminary relief. 208 Wetzstein v. B. & M. C. C. & S. M. Co. [Dec T.'Ol The record in cause 8,304 was admissible as tending to show, in connection with the record in 5.050 and the other evidence in the case, that an injunction had been previously sought and denied in that suit upon the same facts and issues which are involved in this case. It shows that the plaintiff attempted to assert title to the same initerest in the Comanche claim which he asserts in this case, and as derived from the same source. It also appears from it and the other facts which are in evidence that the character of the Grand Prize deed was known at the time the suit was brought. In offering it the defendant sought to bring the case within the rule laid down by some courts, that, after an injunction has once been refused in an action between the same parties, a second application will not be entertained, either in the same action or in another subsequently brought, when it appears that the second application is based upon the same grounds upon which the first application was made, or upon grounds which might have availed in the first instance. The following authorities lend support to the views contended for by the defendant: 16 Am. & Eng. Enc. Law (2d Ed.), 365; 2 High on Injunctions, Sec. 1586; Porter v. Morere, 30 La. Ann. 230; Beach on Injunctions, Sec. 155; Endicott v. Mathis, 9 ^N. J. Eq. 110. While we would not be willing to go so far as to declare that this seemingly harsh rule should be rigorously applied to all cases where a second application is made for an injunction in the same or a second action, we are nevertheless of the opinion that it is a rule of wholesome appli- cation in cases involving serious doubt upop the merits, or where the circumstances leave the court in uncertaintv as to the good faith of the application, or where it is doubtful whether the plaintiff is chargeable with laches. Upon this theory, the evidence should have been admitted and considered. The affidavit of Evans is made upon knowledge It served to render clear the identification of the parties in the various suits referred to, and also the subject-matter involved therein. On this theory, it should have been admitted and considered. The order of the district court is reversed, and the cause is 26 Mont.] Thbblkeld v. O'Neal. 209 remanded, with directions to proceed in accordance with the views expressed herein. Reversed and remanded. Mr. Justice Milburn: I concur. Mr. Justice Pigott: I concur in the foregoing opinion, except the paragraph with reference to the admissibility of the record in cause 8,304. As to the views therein stated, I express no opinion. THRELKELD, Eespondent, v. O'NEAL, Appellant. (No. 1,748.) On Motion to Dismiss Appeals. (Submitted December 16, 1901. Decided December 23, 1901.. Appeal — TJndertakmg on Appeal — Sureties — Exception — Fail- ure to Justify — Effect — Appeal from New Trial Order — Notice of Appeal — Service and Filing — Time — Failure to File — Dism/lssal. 1. Where an affldavit made by the attorney for the respondent on appeal in support of the motion to dismiss was filed with the clerk of the supreme court, but it did not appear that the aflidayit was served on the appellant or his attorney, the afBdavit will not be considered, but will be stricken from the file. 2. Under Section 1732, Code of Civil Procedure, a failure of the sureties on an undertaking on appeal to justify, after exception to their sufficiency, does not render the appeal ineffectual so as to authorise a dismissal thereof, but merely destroys the effect of the undertaking in so far as it would operate as a «iiper«e{|ea«. 8. Where a notice of appeal from an order denying a new trial was not filed with the clerk of the district court and serred within 60 days after the order denying the motion was entered, as required by Code of Civil Pro- cedure, Sec. 1728, Subd 3, and Section 1724, the appeal from such order must be dismissed. Vol. XXVI— m 210 Thkblkeld v. O'Neal. [Dec T/01 Appeal from District Court, Deer Lodge County; Welling Napton, Judge. Action by Anna M. Threlkeld against Georgo B. O'Xeal. Judgment was rendered in favor of plaintiff, and defendant appealed therefrom and from an order denying a new triaL Motion to dismiss appeal from the judgment denied, and mo- tion to dismiss the appeal from the order refusing a new^ trial granted. Mr. J. H. Duffy, for Respondent ME. JUSTICE PIGOTT delivered the opinion of the court. Motion to dismiss appeals. Judgment in favor of the plain- tiff (respondent) and against the defendant (appellant) was entered in the district cooirt on Mav 23, 1901. An order denying the defendant's motion for a ne^v trial was entered on August 31, 1901. On October 31, 1901, a notice of appeal from the judgment and from the order was served upon the attorney for the plaintiff; it was filed with the clerk of the court below on November 2, 1901. On the day last mentioned an undertaking to effectuate the appeals was filed. The plaintiff excepted to the pufficiency of the sureties ; but neither they nor other sureties justified, and more than twenty days elapsed after the defendant was served with notice of plaintiff's exception to the sufficiency of the sureties and before the present motion was made. The respond- ent moves the dismissal of each appeal. Written opinions are but rarely delivered in this court upon motions to dismiss, but the misapprehension, by some members of the bar, of the effect of the failure of sureties in an under- taking an appeal to this court to justify, induces us to depart from our custom. 1. Among Ihe papers submitted for our consideration is an affidavit made by the attorney for the respondent in support of the motion to dismiss, and which he has caused to be filed 26 Mont.] Thbelkeld v. O^IN^eal. 211 Avith the clerk of this court. It doee not appe^ir that the affi- davit was served either personally or constructively upon the appellant or his attorney. Under these circumstances the affi- davit will not be considered, but must be stricken from the files. It is so ordered. 2. The appeal from the judgment is not ineffectual because the sureties failed to justify as required by Section 1732 of the Code of Civil Procedure. Such failure destrovs the effect of the undertaking in so far only as the undertaking may oper- ate as a siipej'sedeas. This is the manifest meaning of the sec- tion. {King v. Pony Gold Mining Co., 24 Mont. 470, 62 Pac. 7.^3.) Xothing in State ex rel. Allen v. Napton, 24 Montana, 450 (62 Pac. 686), where the interpretation of Sections 1760 and 1763 of the (^ode of Civil Procedure was involved, is to the contrary. In that case the plaintiff excepted to the sufficiency of the sureties who had signed the undertaking given to effectu- ate an appeal from a justice's court to a district court, and neither they nor other sureties justified. The plaintiff season- ablv moved a dismissal in the district court : and we held the apj)eal ineffectual because of the failure of the sureties to jus- tify. The statute governing was Section 1763, supra, which has to do with api>eals to the district court ; it provides, in ef- fect, that, unless sureties justify within the time specified there- in after exception to their sufficiency, the appeal from a jus- tice's court must be regarded as if an undertaking had not been given. It differs materially from Section 1732, supra, which has to do with appeals from district courts to the supreme court. Under the provisions of Section 1763, omission to justify (if taken advantage of at the proper time) renders an appeal from a justice's court to a district court ineffectual; while by the terms of Section 1732, omission of sureties to justify has no effect whatever upon the appeal itself, but only prevents tin; undertaking from operating thereafter as a supersedeas. The motion, in so far as it is directed to the appeal from the judgment, is denied. 3. Subdivision 3 of Section 1723 of the Code of Civil Pro- 212 Matusevitz v. Hughes. [Dec T/01 cedure provides, in substance, that an appeal may be taken to the supreme court from an order refusing a new trial within sixty days after it is entered in the minutes of the court or filed w^ith the clerk. Section 1724 provides that an appeal is taken by filing with the clerk a notice of appeal and serving a similar notice on the adverse party or his attorney. The notice of appeal not having been served and filed within sixty days after the order was entered, the motion, in so far as it is di- rected to the order refusing a new trial, is granted. The affidavit of counsel for the respondent is stricken off the file, the motion to dismiss the appeal from the judgment is denied, and the motion to dismiss the attempted appeal from the order denying a new trial is granted. MATUSEVITZ, Appellant, v. HUGHES, Respondent. 26 8U (Na 1.370.) ^ W 30 6g7 (Submitted November 15, 1901. Decided December 23, 1901.) 26 212 d31 9 "26~2i2| Appeal — Briefs — Rules of Supreme Court — Failure ta Observe ' — Affirmance — Assignments of Error — Cross-Examdnation — Evidence. Under Supreme Court Rule X, an order appealed from will be affirmed where the statement of the case in appellant's brief does not conform to the Rule. On Reconsideration^ Without Rbhbabino. 1. Where the matters assigned in appellant's brief as errors do not on their face seem to be such as can be injurious to any one, they will not be con- sidered. 2. Where appellant's brief contains no reference to any line or page of the transcript where the matters- referred to in certain assignments of error can be found, such assignments will not be con^iidered. 3. Assignments of error based upon questions asked a witness upon cross- examination which elicit no prejudicial answers, will not be considered. 4. Assignments of error not touched upon in appellant's brief or oral argu- ment may not be considered. 26 Mont] Matubbvitz v. Hughes. 213 5. It is reTersible error for the trial court to overrule a motion to strike out hearsay and incompetent evidence. 0. If a witness shows himself to have been for a long time in a position to know and hear what neighbors say about a person, and he has never heard the character of such person questioned or talked about, this fact is com- petent evidence tending to prove good character of such person. 7. A written receipt given by the district court clerk for certain money al- leged to have been paid upon a Judgment, is not competent evidence to prove that the Judgment creditor got the money. Appeal from District Court, Silver Bow Coninty; William Clancy, Judge. Action by Fannie Matusevitz against Lillie R. Hughes, ad- ministratrix of the estate of S. J. Reynolds, deceased. There was judgment for defendant, and from an order denying a nev/ trial the plaintiff appeals. Affirmed. On reconsideration, re- versed. Mr. Oliver M. Hall, Mr. E. B. Howell and Mr. G. W. Sta- ple ton, for Appellant Mr. John T. Baldwin and Messrs. McBride & McBride, for Respondent. MR. JUSTICE MILBURX delivered the opinion of the court This cause is before us upon appeal. At the time when appel- lant's brief was filed, September 5, 1899, the following rule of this court was, and now is, in force, to-wit: "(3) Contents of Brief. The appellant's brief shall con- tain, in the order here stated: *'(a) A concise abstract or statement of the case, present- ing succinctly the questions involved, and the manner in which they are raised, which abstract shall refer to the page numbers in the transcript in such manner that pleadings, evidence, or- ders and judgment may be easily found. * * *" (Rule X, 22 Mont xxxiv, 57 Pac. vii.) The statement of the case in the brief does not conform to the rule in any respect, except that it is concise. It even fails 214 Matusevitz v. Hughes. [Dec. T.'Ol to inform the court from what order or judgment the appeal is taken, or that there ever was an order or judgment made or entered in the case. The transcript embraces 598 pages of matter, and, as appellant says, is unusually cumbersome. From the notice of appeal we find that the action of the court from which appeal was taken was an order denying a motion for .1 new trial. The rules of court are necessary, and are made to be obeyed. For failure to obey the rule mentioned, the order appealed from is affirmed, on authority of McCleary v. Crowley, 22 Mont. 245, 56 Pac. 227; Gibson v. Hubbard, 22 Mont. 517, 57 Pac. 88 ; Anderson v. Carlson, 23 Mont. 43, 57 Pac. 439 ; Smith v. Denniff, 23 Mont. 65, 57 Pac. 557, 50 L. R. A. 737 ; Rehberg V. Greiser, 24 Mont. 487, 62 Pac. 820, 63 Pac. 41 ; and other cases decided by this court. Afftxmed. On Reconsideration^ Without Rehearing. REyERSED. (Resubmitted January 31, 1902. Decided April 3, 1902.) MR. JUSTICE MILBURX deliyered the opinion of the court This case has been very poorly presented. The brief of ap- pellant is so obscure that we hesitate to state thp case upon which he seems to rely. It appears, however, that this is an action by the plaintiff against the sheriff for the recovery of a certain stock of goods valued at $7,000, and that the defendant prevailed, the plaintiff appealing. Since the appeal was taken the defendant has departed this life, and Lillie R. Hughes, ad- ministratrix, has lx>en substituted in his stead. The pleadings are too voluminous for recital herein. There is no succinct or other statement of them in the brief of appel- 26 Mont] Matusevitz v. Hughes. 215 lant Examining the complaint we find, that it is alleged that on February 6, 1895, one Mary Schultz was indebted to one Kuth Hague for $3,000, and that on that day the former sold and delivered to the latter a certain stock of drugs, etc., and that "the sale was intended * * * as a conditional sale" to secure the debt; that immediately Ruth Hague took exclu- sive possession- of the goods; that Mary, Schultz never redeemed the pledge; that defendant, on February 12, 1894, took the property from the possession of Ruth Hague wrongfully and without her consent; and that on February 16, 1894, Ruth Hague transferred all her right to the goods over to plaintiff. The defendant denies that Ruth Hague or the plaintiff ever owned the goods, but alleges that at the time of the taking by the defendant sheriff, under an attachment against one Carl Schultz and Mary Schultz, the property was that of Carl Schultz and Mary Schultz, partners, the writ of attachment having been regularly issued in a suit in which one Maul was plaintiff against Carl Schultz and Mary Schultz. Defendant charges conspiracy between Carl Schultz, Mary Schultz, Ruth Hague et al. The plaintiff appeals from the order denying her motion for a new trial. The order of the court denying the motion was by this court affirmed on the 23d day of December, 1901, on account of the failure of the appellant to comply with the rules of this court in that counsel failed to furnish a brief contain- ing a proper statement of the case. Counsel for appellant having moved the court to set aside the order of affirmance, at the same time calling our attention anew to what he designates as his supplemental brief — it being in fact his written argument used on hear- ing— ^it has been, by a majority of the court ordered that the cause be reconsidered, without rehearing, although it is very diflScult to see wherein the briefs of counsel comply with the rule as to matters referred to in the opinion of December 23, 1901, ante, p. 212. This determination to reconsider was made only out of abundant caution, on the court's own motion, 216 Matusevitz v. Hughes. [Dec T/01 to the end that no possible injustice should be done in the mat- ter, and the order of affirmance was duly vacated. Twenty alleged errors are assigned. We take up only those which are properly presented by the record and necessary to be considered and not waived. The first and second assignments are not to be considered, first, because the questions objected to do not on their face seem to be such as can be injurious to any one, and, secondly, because no line or page of the 598 page transcript where the matter referred to can be found is given. The third, fourth, fifth and sixth assignments are upon the ground that the witness Carl Schultz is not a party to the suit, and that the questions asked of him are incompetent, irrelevant and immaterial. He and others are in the answer charged with conspiracy with the plaintiff. The testimony was competent and material as tending to show his relation with the plaintiff and his connection with the property, he being a witness offered by the plaintiff to support her contention that the property was in fact hers. These points were not argued by coimsel on the hearing. We find no error in the court's action in reference to them. From assignment No. 7 it appears that counsel objected to the following question, asked of said witness Schultz upon cross-examination : "What were you charged with at that time, what were you arrested for?", upon the ground that it was incompetent, irrelevant and not proper cross-examination. As far as we can discover from this very voluminous and cumber- some record, without any considerable aid from counsel, it ap- pears that this witness of plaintiff voluntarily in part of his testimony stated that he had been arrested and that a certain affidavit, produced by him in evidence in this case, was for evidence in another case in which he had been under arrest, and having thus opened the door, it was not prejudicial, if error at all, for the court to permit counsel to ask the question com- plained of. 26 MoDt.] Matusevitz v. Hughes- 217 The same remarks apply to the eighth assigmnent, and, be- sides, no prejudicial answer was elicited. The ninth assignment is not considered for the reason that it is not properly presented, — ^it is not touched upon in the statement, oral aj^ument, or supplemental brief. The tenth assignment is not referred to in any of the argu- ment of appellant. As to the eleventh, twelfth and thirteenth assignments, suffice it to say that although it may be that plaintiff's objections weref good, the matters are not presented properly and we need not consider them. The court erred in overruling plaintiff's motion, mentioned in assignment fourteen, to strike out the testimony of defend- ant's witness. Miss Walsh, relative to the alleged relationship between plaintiff and the witness, Mary Schultz, as the testi- mony was hearsay and incompetent. It was error for the court to strike out the t<^8timony of Richard James (assignment fifteen) and the witness Myers (assignment sixteen), which tended to prove, in rebuttal, the reputation of Mary Schultz. The testimony was competent and should have been allowed to go to the jury for what it was worth. If a witness shows himself to have been for a long time in a position to know and hear what people say about a person in the community where such witness and such other person reside, and he has never heard the character of the latter ques- tioned or talked about, this fact is evidence tending to prove good character of the person whose character is being examined into. If one live such a life as not to excite adverse criticism of good or bad people, it cannot be said that this person has aught else than a reputation for good character. The court did not err in its ruling mentioned in assignment seventeen. There was admitted in evidence a receipt given by the deputy clerk of the district court for certain money alleged to have been paid upon a judgment, said to have been entered in another suit of Maul v. Carl Schultz and Mary Schultz. The court struck it out on motion of defendant. There is au- fil8 Matusevitz V, Hughes. [Dec T.'Ol thority we know supporting appellant's contention that the re- ceipt was competent, as shown in the brief of appellant, (17 Am. & Eng. Ene. Law, 2d Edition, 860; McDonald v. AtkinSj 13 Xeb. 568, 14: X. W. Rep. 532), but we do not approve the same. It is no part of the duty of the clerk of the district court to receive money in payment of judgments entered in the records of the court of which he is an officer. If he should receive and afterwards appropriate to his own use such moneys, the sureties upon his official bond certainly would not be liable. He is not the agent of any party to a suit. His duties are fixed by law. It has been said by the courts, in opinions upon this question, that it has been a long established practice to pay money into the hands of the clerk to apply upon judgments, and we doubt not that it has always been the habit of judgment creditors to receive such money when tendered and to adopt and ratify the act of the clerk in entering such payments upon the judgment docket, but this will not, and does not, make his receipt legal evidence to prove that the judgment creditor got the money in any particular casa The remaining assignments are waived and not argued. For the reasons above stated, the order denying the motion for a new trial must be and is reversed, and the cause remanded for a new trial. The appellant may not, in this case, recover his costs on ap- peal ; and he shall pay all costs incurred by the respondent, ex- cept the cost of printing the last nine pages of his brief. Reversed and remanded. Me. Justice Pigott: I concur. Mr. Chief Justice Brantly : I concur with my associates in the opinion that prejudicial error was con.mitted by the dis- trict court on the trial of this case. Had counsel of appellant presented the case to this court by filing a brief in conformity with the rules, I should have been in favor of reversing the 26 Mont] Whipple et al. v. Stuart. 219 order denying her a new trial. Having failed to obey the rules, however (ante, p 213), plaintiflF is not entitled to have the case considered. I ihink this order should be affirmed. I therefore dissent from the order or reversal now made. WHIPPLE ET AL.^ Respoxdexts^ v. STUART, Appellant. (No. 1,369.) (Submitted November 14, 1001. Decided December 23, 1901.) Appeal — Evidence — Hai-mless Error — Partnership — Dissolvr tion — Accounting — Partnership Property — Partners^ Rights — Natural Hay Grown on Government Land, 1. Where, In an action for an accounting between the members of a firm en- gaged in operating a ranch on government land, defendant recognized that plalntllT had succeeded to the interest of defendant's former partner, and that the lands had been used by plaintiff and defendant for the purposes of the business of both, error, if any, In admitting in evidence a deed from defendant's former partner to plaintiff for her interest in such land on the ground that the grantor could not convey any title to the government lani!, was harmless. 2. Where a ranch partnership agreement provided that the firm should con- tlnue as long as the parties could mutually agree, and defendant notified plaintiff that he would not consent to the buying of a bull which plaintiff desired to buy to improve the concern's cattle, and defendant staked olf 160 acres of the government land that had been used in the business, and notified plaintiff that he intended to hold the same as his own, the bull sub- sequently purchased by the plaintiff was not the property of the firm. S. Where a firm engaged in cattle raising fenced a ranch on government land, which they used in common for the purposes of the business, and defend- ant, one of the partners, staked off 160 acres of the land within the fencos for his private use, and claimed the same as his own, such partner wtH not entitled to the natural hay growing on such 160 acres as against the other members of the firm, on the pretense that such natural hay was fructus naturali8 on government land, and therefore became the property of the first taker. Appeal from District Court, Broadwater County; F, K. Armstrong, Judge, 220 Whipple et al, v. Stuabt. [Dec T.'Ol Action by C. A. Whipple and H. D. Taylor against J. C. Stuart for an accounting between the parties as partners. From a judgment in favor of plaintiffs, defendant appeals. Modified and affirmed. Messrs, Shober <& Rasch, for Appellant. Mr. E. H. Goodman, for Respondents. MR. JUSTICE MILBURX delivered the opinion of the court. This cause is on appeal from the judgment, the appeal from am order denying a motion for a new trial having been dis- missed. The cause was tried by the district court sitting mth- out a jury. Plaintiffs complainexi and alleged that they were at the time of the commencement of the action copartners with the defend- ant in the use, management and ownership of certain buildings and other improvements upon government lands, the possession of which lands they held for the use of the partnership busi- ness, and in the use, management and ownership of certain horses, mules, cattle, machinery, hay, one bull, etc. ; that plain- tiffs procured their alleged partnership interest in the lands and improvements by purchase from a former partner of the defendant, with his consent, and with the understanding with him that they should be his partners; that on February 11, 1898, plaintiffs and defendant had an accounting of the part- nership affairs, whereupon it was found that plaintiffs owed defendant about $110, and that it was thereupon agreed and imderstood that the partnership should continue so long as plaintiffs and defendant could mutually agree; that thereafter, some time in 1898, defendant took exclusive possession of about 200 acres of said land, claiming to be the exclusive owner thereof, and refused to allow the plaintiffs to use the farming implements and certain other partnership property formerly used in the operations of the ranch, thus requiring plaintiffs 26 Mont] Whipple et al. v. Stuabt. 221 to buy harness and machinery to carry on the business ; that defendant refused to contribute any money for the care of their range stock, or to provide for any increase thereof, or for the care of the stock during the following winter; that defendant told plaintiffs that he did not care to and would not do anything to increase the partnership property, etc Plaintiffs prayed for a decree dissolving the partnership and appointing a receiver to wind up the affairs of the alleged partnership. Defendant denied all allegations of the complaint, except that he stated that "plaintiffs and defendant are joint owners in certain personal property consisting of horses, mules, cattle, and other personal property, and that this defendant is one- half owner of the same,'^ and admitted that there is an unset- tled account between plaintiffs and defendant, and declared "that there will be found due this defendant, upon a full settle- ment and accounting, a large amount of money due and owing this defendant from said plaintiffs.'^ He further stated that plaintiffs "are in possession of said joint property in same man- ner as this defendant, and that this defendant is equally inter- ested in the care and custody of said property as the plaintiffs ;" that defendant has repeatedly demanded a division of said personal property, but that plaintiffs have always refused to consent to such a division being. made; and that defendant is anxious to have an accounting and a proper division. All of the evidence is before us. Much of the appellant's argument is devoted to alleged error of the court in receiving quitclaim deeds, a bill of sale, and other evidence as to the manner in which plaintiffs purchased their interest in the con- cern, referring particularly to the public land occupied by grantors of plaintiffs, including one Mrs. Hirt, from whom plaintiffs bought their interest in the ranch property and busi- iiess; defendant contending that no interest or title in or to government land could be obtained by means of conveyance from any former occupant or occupants. Defendant, in his testimony, says that he recognized that plaintiff Whipple had succeeded to the interest of Mrs. Hirt, and admits that the lands 222 Whipple et al. v. Stuabt. [Dec. T/01 had been used by .plaintiifs and defendant for the purposes of the business of both ; it is therefore immaterial, so far as the question of the relation between the parties in the business of all or any of them is concerned, whether plaintiffs had any title from the government or not, and the admission of the evidence does not affect the case in any way. The court found all the issues in favor of the plaintiffs, and entered its judgment and decree accordingly. There was sufficient evidence l>efore the court — although it was conflicting — to sustain the court, except as to its finding concerning a certain bull, in its holding that the plaintiffs and the defendant were partners in the business mentioned, and that all the property mentioned in the decree, including the pos- session of said lands and all of them, was partnership proper trv\ According to the terms of the agreement as testified to by plaintiff Whipple, whose statement the court found to be true, the partnership was to last as long after Febniary 22, 1898 (averred in the complaint to be February 11, 1898), as the plaintiffs and the defendant could mutually agree. It seems to be a fact that about July 2, 1898, the defendant pointedly and decidedly notified plaintiffs by word and deed that he intended to hold as his own about 160 acres of the land which had been used in the business, and that he would not consent to the buv- ing of a bull which plaintiff Whipple insisted must be had to improve the concern's cattle. After this rupture of their rela- tions, Mr. Whipple bought the bull. As a matter of law, the court erred in holding the animal to be partnership property, it having been bought after the partnership ceased. It is alleged that the court also erred in law in holding that the natural hay growing upon the 160 acres of land which de- fendant, on July 2, 1898, declared he proposed to hold, he hav- ing a little while before staked it off for his own private use, was partnership property. We think the court did not err in this matter. The land thus merely staked off by defendant lay within the concern's company fence, within which fence, and without which staked land, were the dwelling, stables and 26 Mont.] Whipple et al. v. Stuakt. 223- corrals belonging to the ranch property. It cannot be main- tained that tw'o persons, associated in business, having gone upon the public domain, and having inclosed sufficient land for their enterprise in the raising and keeping of live stock, and having built or kept up houses and corrals thereon, and pro- tected by their partnership fence the grass growing upon the land, one of the parties may, against the will of the other, stake out a large part of the land within the fence, and lawfully appropriate to liis sole and private use the grass thereon upon the pretense that it is fructus naturalis on government public land. This is not lawful, any more than that one of two men, ^vho, having driven certain coyotes into an inclosure on public land, which the two by joint enterprise have constructed for the purpose of capturing coyotes in order to secure the scalp bounties, can law^fully round up all or any of the animals, and hold them as his private property, against the wall of his asso- ciate in the business, merely alleging in defense of his act that the animals are ferae naturae. As between the parties, the grass fit for hay, protected by their joint efforts, was, the gov- ernment not objecting, for the use of all the parties in the ranch business, it being valuable property at the time of the withdrawal of the defendant. We find no error in the record on appeal from the judgment, except as to the holding of the court as to the bull, and the judgment should be modified to decree the animal never to have been partnership property, but to be the sole property of the plaintiffs. It is ordered that the judgment be modified as indicated in the foregoing opinion, and, when so modified, that the judgment and decree be affirmed. Costs of appeal, to appellant. Modified and affirmed 224 Sta.te ex eel Healy v, Dist. Coubt. [Dec. T/01 STATE EX EEL. HEALY, Plaintiff, v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT, AND WILLIAM CLANCY, Judge 26 224 ThEEEOF, DEFENDANT. 28 868 Wm <No. 1.764.) 26 2241 31_261| (Submitted January 6, 1902. Decided January 0, 1902.) Contempt — Certiorari — Application — Copy of Order Com- plained of — Rides of Supreme Court — To Whom Writ to be Directed — Dismissal — Costs, 1. Where an affidavit applying for a writ of review does not set forth a copy of the order complained of, as required by Eule II of the Supreme Court, nor state any reason for such noncompliance, the application will be denied. 2. Where the order sought to be annulled by certiorari was made by the dis- trict court and not by Its Judge, a writ directed to its judge will be quashed, upon motion. 8. Under the provisions of the Code of Civil Procedure, on the dtsmiasal, at cost of relator, of a writ of review to review an order in a contempt pro- ceeding, such proceeding being special, defendant Is entitled to the fee paid by him for the judgment and minute entries included in nis return, and also for the expense of making the transcript, excepting certain pages consisting merely of recitals by defendant. Application for writ of review by the State of Montana, on relation of J. E. Healy, against the District Court of the Second Judicial District and William Clancy, judge thereof. Denied. Motion to tax costs allowed in part. Mr, J, E, Healy, in propria persona, Messrs, McHatton & Cotter, for Defendant PER CURIAM. — Application for writ of review. Writ denied for the reason that the affidavit upon which the applica- tion is made neither sets forth a copy of the order complained of, as required by Subdivision 3 of Rule II of the rules of this court, nor states any reason for such noncompliance. Demed. 26 Mont.] State ex rel Healy v. Dist, Court. 226 On Motion to Tax Costs. (Submittecl March 27, 1902. Decided April 7, 1902.) MR. CHIEF JUSTICE BRAXTLY delivered the opinion of the court. Motion to tax costs. After the writ of review was denied, the relator renewed his application upon an amended affidavit which complied with the rules requiring such an affidavit to set forth a copy of the order complained of. Thereupon the writ was issued, hut, at the instance of the relator, was directed to William Clancy, as judge, instead of to the district court. Upon the certified record returned to the judge, it appeared that the purpose of the application was to have annulled an order made by the district court adjudging relator guilty of contempt This order was made during another contempt pro- ceeding against J. Boyle et cU. for an alleged violation of a temporary restraining order in a cause entitled ''Celestia Nixon V. Oeo. W. Andrews et al." The defendant having interposed a motion to quash the writ upon the ground that he was not the proper party defendant, and that it should have been di- rected to the court, instead of to him as judge, the order com- plained of having been made by the court, and not by the judge at chambers, the motion was sustained. The proceeding was also dismissed at the cost .of the relator, but no written opinion was filed.* The relator has filed his motion to have taxed the cos^s claimed by the defendant, alleging that two items claimed *Oii March 13, 1902, the court made the following order : Peb Cubiam : This application haying heretofore been regularly submitted to this court upon motion to quash the writ heretofore issued, and also upon the merits, as they appear from the return of the proceedings made by the Judge of the district court. It is Osdebed that the writ be quashed and set aside for two reasons : (1) Because the writ was directed to William Clancy as Judge, whereas the order sought to be annulled was made by the district court and not by its Jud«:e ; (2) l>ecau8e upon the merits as they are shown by the record it does not appear that the order was improperly made. [O. T. C] Vol XXVI~16 226 State ex rbl Healt v. Dist. Coubt, [Dec. T/01 in the memorandum filed with the clerk, namely, an item of $4 for expense incurred for copies of the minute entry and judgment used by the judge in the preparation of the record returned by him, and an item of $1 paid to the clerk of the district court for the certification of these copies, are not au- thorized by law. The relator relies upon the case of Stat^ ex rel. Baker v. Second Judicial District Court, 24 Mont. 425, 62 Pac. 688, as determinatiye of his contention. It was held in that case that the successful party in a special proceeding is entitled, under the provisions of the Code of Civil Procedure (Sections 1851, 1852), to recover costs as a matter of course. That was an application for certiorari instituted in this court to have reviewed a judgment made and entered in the district court in a case entitled ^^Pfouts v. Baker," — an ordinary action, and not a special proceeding, — ^in which the plaintiff sought to recover from the defendant a balance due on account. In view of other provisions of the Code of Civil Procedure (Section 1943) and of the Political Code (Sections 872 and 4636), the conclusion was reached that in such cases no appearance fee can be collected from the defendant by the clerk of this court, and that no allowance can be made for the expense of the tran- scipt certified up by the clerk of the district court The law provides no fees for the duties performed by these officers in such cases. A distinction was pointed out, however, between that character of cases and those in which decisions of inferior courts in special proceedings are brought before this court for review in any other way than by appeal. Costs in cases of the latter class (that is, in which decisions of inferior courts in special proceedings are brought before this court for review in any other way than by appeal) are governed by Section 1860 of the Code of Civil Procedure, and the same costs are allowed in such cases as in ordinary appeals. The order complained of in this proceeding was made in a contempt proceeding in the district court. Such a proceeding must be classified as a special proceeding (Code of Civil Procedure, Sees. 3470, 3472; In re 36 Mont] Wtmak bt ax,, v. Jekbxn et al. 237 Wellcomej 23 Mont. 259, 58 Pac Til), and questions affecting costs must be determined by the rules applicable to the class of cases mentioned in Section I860, supra. The disbursements by a party for which he may recover costs on appeal are enu- merated in Section 1866 of the Code of Civil Procedura Among these are enimierated fees paid for certified copies nec- essarily used in the action or on the trial, and the reasonable expense of making transcript for the supreme court The item of $1 charged by the district court judge as paid for the certi- fication of copies included in his return is a proper charge, and must be allowed. The transcript furnished by the judge consists of three pages of recitals made by the judge, and four pages of the certified copies of the judgment and minute entry mentioned. For the expense involved in the preparation of the transcript of the certified copies he is entitled to recover his disbursements. The recitals are not a necessary part of the transcript, and for the pages embodying these recitals no charge can be made. The item must therefore be reduced by the amount of $1.70, — ^the proportion of the expense required for the three pages for which no charge may be made. It is therefore ordered that a deduction of $1.70 be made from the item of $4, and that the balance of the bill be allowed. WYMAX ET Ai-., Respondents, v. JENSEN et al. Appellants. ^ J§ (NO. 1.862.) 1^^ (Submitted November 11, 1901. Decided January S, 1902.). Fraudulent Cotweyances — Actiom to Set Aside — Com/plaa/ni — Creditor — lAen — Description — Motion for New Trial — Delay — Amendmerd — Appeal — Review. 1 Where, In an action to set aalde a conveyance of both real and personal property aa fraudulent toward creditor*, the complaint does not show that 228 VVyman £t ax. v. Jensen et al. [Dec T/01 plaintiff has a lien on anch property, it falls to state a canse of action for snch relief, and an objection to the admission of any evidence thereunder should, be sustained. 2. In an appeal to a court of equity it is indispensable that the allegations of the bill be clear and exact in the statement of ail material facts consti- tuting the plaintiff's cause of action. 8. Under Code of Civil Procedure (Compiled Statutes of 1887), Section 186, and Code of Civil Procedure of 1895, Section 1218, the mere garnishment of the fraudulent assignee of the stock of merchandise— capable of manual delivery — of the Judgment debtor by the Judgment creditor does not create a lien on such merchandise. 4. Where, in an action by a Judgment creditor to set aside an assignment by the Qebtor of real estate as fraudulent as to plaintiff, the complaint fails to giv^ the location of such real estate or any description thereof, other than that it does not exceed a specified value, an objection to the admission of any evidence should be sustained; the complaint failing to disclose a lien in favor of the Judgment creditor. 5. Under Code of Civil Procedure of 1895, Section 1197, providing tliat a Judgment becomes a lien on realty from the time it is docketed, a com- plaint by a Judgment creditor to set aside his debtor's conveyance of realty as fraudulent, which does not a.llege the docketing of the creditor's Judg- ment, is insufBcient. 6. Under Code of Civil Procedure of 1895, Section 1174, providing that a mo- tion for a new trial may be brought to a hearing on motion of either party, the delay of a party in bringing his motion for new trial to a hearing is not ground for denying the motion. 7. Where, in an action by a Judgment creditor to set aside a fraudulent con- veyance by the debtor, a Judgment for plaintiff is reversed because of the insufficiency of the complaint, the trial court should permit plaintiff to amend. 8. The ruling of the trial court upon an objection to the Introduction of evi* dence for the reason that the complaint does not state facts sufficient to constitute a cause of actlcm — ^being a question of law arising during the trial — may be reviewed either upon appeal from the Judgment or from an order denying a motion for a new trial. Appeal frofnif District Court, Cascade County; J. B. Leslie, Judge. Action by O. C. Wyman, G. H. Partridge and S. D. Coy- kendall, copartners, doing business under the firm name and style of of Wyman, Partridge '& Company, against Andre^v Jensen, and F. P. Atkinson, individually and as assignee of Andrew Jensen. From a judgment for plaintiffs, and from an order denying a new trial, defendants appeal. Reversed. Mr, M. M. Lyier, Mr, A. C. Gomdey and Mr, Ramsom Cooper, for Appellants. Messrs, Sanders & Sanders, Mr, Thos. E, Brady and Mr, Fred. B, Dodge,. ioT Respondents* 26 Mont] Wyman et al. v. Jensen bt al. 229 The general rule is that an objection to the equity of the plaintiflPs claim, as stated in the bill, must be taken by de- murrer. This rule, says Justice Gray of the Supreme Court of the United States, "is so well established that it has been constantly assumed, and, therefore, seldom stated in judicial opinion." (Farley v. Kitson, 120 U. S. 303-316, and cases there cited.) It is of course implied in the above holding that the subject-matter of the action is one of which the court may take equitable cognizance, and that it has jurisdiction of the parties. This being the case, then defects or omissions in the pleading suflBcient to oust tlie court of jurisdiction of the par- ticular case, may be and are waived by failure to demur or plead in bar. (Brown v. Lake Superior Iron Co., 134 XT. S. 530-536; iS<. Paid £ Sioux R. Co. v. Robinson, 41 Minn. 394; Osirander v. Weber, 114 N. Y. 95; Crocker v. Dillin, 133 Mass. 91 ; Sherry v. Smith, 72 Wis. 339 ; Consolidated, etc. v. Coombs, 39 Fed. 25 ; McVey v. Manatt, 80 la. 132 ; Beach on Equity Practice, VoL I, Sec. 13 et seq.) The allegations in the complaint were sufficient to show prima fade that plaintiffs had acquired a lien or right. (Spooner v. Bay St. Louis, 44 Minn. 403 ; Renard v. O'Brien, 35 K Y. 99-103; Dana v. Bank, 6 Marshall (Ky.), 219; Illinois, etc. v. Graham, 55 111. App. 266; Young v. Clapp, 40 111. App. 312; Piatt v. Cadmell, 9 Paige 386; Williams v. Hogeboom, 8 Paige 469 ; Cassidy v. Mea^ham, 3 Paige 311 ; Mariner v. Coon, 16 Wis. 490 ; Bank v. Spencer, 18 N. Y. 150.) In support of the claim of error in the admission of any evi- dence under the complaint, counsel for appellants cite Wilson V. Harris, 21 Montana, 374; as to this case, we respectfully ask that the court reconsider the decision in question for the reasons following, to-wit: That as stated in the opinion of Mr. Justice Pigott, the question presented was with this court one of first impression. That the construction given to the section in question negatives any real purpose, intent or design in the .enactment of it, and so far restricts it as practically t^ 230 Wyman et al. v. Jensen et al. [Dec. T.'Ol read it out of the Code. That auch construction is contrary to the construction given it by the courts of the state from which it was adopted, and is contrary to the construction generally given to statutes of like import by the courts of other states. That it establishes a rule of procedure singular to the state of Montana, and out of harmony with and contrary to the spirit and trend of the decisions of this country with respect to the enforcement of debts and obligations. {Roberts v. Landecker, 9 Cal. 261-267 ; Robinson v. Trevis, 38 Cal. 612 ; Kimball v. Richardson, Kimball Co., Ill Cal. 386-393 ; Rwventas v. Green, 57 Cal. 254; Walters v. Rossi, 126 Cal. 644; Drake on Attach- ment, Sees. 452, 453 ; Wade on Attachment, Sec. 338 ; Waples on Attachment and Garnishment, pp. 687-591 ; 14 Am. & Eng. Ency. Law, 755-6; Eood on Garnishment, Sec. 193.) The following authorities are to effect that by garnish- ment the court acquires jurisdiction of the reSy that the property in the hands of the garnishee, whether debt, credits or chattels, is in custodia legis and that a lien, equitable or inchoate, is ac- quired thereon. (Allen v. Hall, 5 Met 263; Winner v. Hoyt, 68 Wis. 227; Maxwell v. New Richmond, etc., 101 Wis. 2d6; North Star Boot & Shoe Co. v. Ladd, 32 Minn. 381 ; Bethel V. Chi'pman, 57 Mich. 379 ; Moore v. Speed, etc., 55 Mich. 84 ; Northfield Knife Co. v. Shapleigh, 24 Ifeb. 635; American Cent. Ins. Co. v. Hettler, 37 Neb. 849 ; Wilder v. Weatherhead, 32 Vt. 765 ; Focke et al. v. Blum^ 82 Tex. 436 ; Beamer v. Wi7iter, 41 Kan. 596 ; State Nat. Bank v. Boatner, 39 La. Ann. 843 ; Buschman v. Hanna, 72 Md. 1 ; Carter v. Koshland, 13 Ore. 615 ; Western R. Co. v. Thornton, 60 Ga. 300 ; Barber v. Ferrill, 57 Ala. 446 ; Barton v. Spencer, 3 Okla. 270 ; In re Peck, 16 Nat Bk. Reg. 43 ; Central Trust Co. v. Chattanooga, 68 Fed. 685 ; Brashear v. West, 7 Peters, 608 ; Mattingly v. Boyd, 20 How.. 128; Cooper v. Reynolds, 10 Wall. 317; Mont. Nat. Bk. V. Mer. Nat. Bk., 19 Mont 586; Opinion of Mr. Justice Hunt in Wilson v. Harris, 21 Mont 405 ; State v. Linor weaver, 40 Tenn. 51; Harris v. Mooney, 39 Conn. 37.) In modern practice, where the property is personal, the lien 26 Mont.] Wyman et al. v. Jei^sek bt al, 231 is usually acquired by garnishment or by service of copy of execution with notice. That this method is in this state suffi- cient as to property not capable of manual delivery or seizure, there is no question, whatever contention there may be is as to the eflFect, if any, of garnishment notice upon chattels that might be seized. Most of the cases above cited were creditors' suits, and support the proposition that garnishment creates a sufficient lien. In many cases it is held that the filing of the bill is an equitable attachment and sufficient. (Wait on Fraud- ulent ("onveyanjes and Creditors' Bills, Sec. 68-75 ; Pierstoff v. JorgeSy 86 Wis. 128 ; Chardavoyne v. Galhraith Co., 81 Ala. 521 ; Livingston v. Dry Goods Co., 12 Colo. App. 320; Fecheir mer v. Hollander, 1 L. R. A. 368.) In New York, where gar- nishment is unknown, a lien is acquired on tangible property by the appointment of a receiver. (Kitchen v. Loirery, 127 X. Y. 53-60.) The court did not err in refusing to hear upoa its merits defendants' motion for a new trial and in its denial of same for laches. The motion in question was made 104 days after the settlement and filing of the statement. The statute required it to be made "at the earliest practicable period'' after the filing of the statement. That there was an unusual delay is evident. Whether there was any excuse for the delay was a question peculiarly within the province of the trial judge and the facts within his knowledge largely. A question of diligence is always addressed to the sound discretion of the trial judg?. {Bcggs v. Clark, 37 Cal. 236 ; Chabot v. Tucker, 39 Cal. 434 ; Burlock v. Shupc, 17 Pac. (Utah), 19; Kimball v. Parmelec, 29 Minn. 302; Gorman v. McFarland, 13 Tex. 237.) A court of appeal will not review a discretionary order un- less there has been a manifest abuse of discretion. (Smith v. Smith, 51 Wis. 665; Third, etc. v. Loomis, 32 X. Y. 127; Stat€ V. Barrett, 40 Minn. 65 ; Griggsby v. Schwarz, 82 Cal. 278; Montana 0. P. Co. v. Boston, etc., 22 Mont. 159; Eck- stein V. Calderwood, 27 Cal. 413 ; Boggs v. Clark, 37 Cal. 236 ; Descalso v. Duane, 33 Pac. 328 ; Woodward v. Webster, 20 Mont. 279; Doon v. Tesh, 131 Cal. 406.) 232 Wyman et al. v. Jensen et al. [Dec, T/01 Opinion of the court by Hon. Frank Henky, judge of the Sixth judicial ciistrict, acting associate justice, in place of Mk. Justice Pioott, disqualified. This action v/as instituted by respondents to set aside and have declared void a certain deed of assignment made under the general assignment laws of this state, wherein the appellant Andrew Jensen purported to convey to Charles T. Hull, as- signee for the benefit of his creditors, all the lands, goods, chai- tels, accounts, notes, books of accounts, and demands of every description belonging to the said assignor, and which said prop- erty or the proceeds therefrom was at the time of the com- mencement of this action in the possession of F. P. Atkinson, the successor of said Hull as assignee; said Hull having died on the 1st day of May, 1897. On the 20th day of December, 1897, the cause came on regu- larly for trial l)efore a jury, and upon the introduction of evi- dence by plaintiffs (respondents) the defendants (appellants) objected to the introduction of any evidence on the part of the plaintiffs, for the reason "that the complaint did not state facts sufficient to constitute a cause of action, in that no equity was stated in said complaint." This objection was by the court overruled, and subsequently the court made an order of refer- ence, and the cause was sent to a referee, with directions to hear the testimony and to find upon the questions of fact, to make conclusions of law, and report the same, together with a judg- ment in the case. Thereafter t)ie referee made his findings of fact and con- clusions of law, and reported the same to the court, together with a decree declaring said deed of assignment void, as having l)eon made by the said Jensen with the intention to cheat, delay and defraud his creditors, and particularly the plaintiffs herein, and directing the said Atkinson, assignee, to pay the plaintiffs out of the trust fund in his hands the sum of $4,112.68, with intetrest thereon at the rate of 10 per cent, per annum. This decree was signed by the court on the 15th day of January, 1898 36 Mont] Wyman et al. v. Jensen et ai.. 233 Thereafter the defendants made a motion for a new trial, which was subsequently overruled by the court, and from the judgment and order overruling the said motion these appeals are prosecuted. Did the trial court err in overruling defendants' objection to the introduction of evidence? In. an appeal to a court of equity it is indispensable that the allegations of the bill be clear and exact in the statement of all material facts constituting the plaintiff's cause of action. It should show with reasonable certainty the rights of the plaintiff, the manner in which he is injured, as well as^the material cir- cumstances of the time, place, manner, and other incidents, — the particulars, in other words, — attending the alleged fraud because of which he seeks the assistance of the court; and in actions of this character it is essential that it disclose a lien upon the property sought to be subjected to the payment of plaintiff's demand. The general creditor is in no position, merely because he is a creditor, to assail an alleged fraudulent sale by the debtor; and, if he seek the aid of a court of equity to enforce his rights, it must clearly ap'pear that he has placed himself in a position to have the court enforce his rights in subjecting the particular property to the payment of his de- mands by the removal of obstacles fraudulently interposed, and that he is remediless in collecting his just claims in a court of law. While some of the authorities go to the extent of holding that an attachment lien will not support a creditor's bill before judgment is obtained, yet it is a necessary condition precedent to the right to be heard in a court of equity that he have a lien, and that fact must appear from his bill. Among text writers, as well as in the decisions of courts, there is a general unanimity of opinion as to the attitude to be assumed by a creditor in pursuit of the property of his debtor, which he alleges has been fraudulently placed beyond his reach. All cases of this character proceed upon the well-settled prin- ciple that the judgment creditor, before he seeks the aid of a court of equity and solicits its assistance in enforcing his rem- 234 Wyman et al. v. Jknsen et ai*. [Dec T.'Ol edy by removing obstructions from his path, haa complied with the essential requisite of having first secured a lien upon the specific property that he seeks to have subjected to the pay- ment of his judgment Before coming into equity he must exhaust his legal remedy. Briefly stated, the well settled doctrine almost universalh adopted by the courts is: The creditor must first have estab- lished his charge or lien upon the property of his debtor. Un- less he has done so, a court of chancery will afford him no relief, and he has no right to question his debtor's disposition of it. Bump on Fraudulent Conveyances, Sec. 535, states the doc- trine in cases of this character as follows : "A f audulent trans- fer is valid against all persons, except those who proceed to appropriate the property by due course of law to the satisfac- tion of the creditor's debts. As it is valid against a simple contract creditor, such creditor cannot ask the aid of a court of equity to set aside the transfer ; for it does not interfere with his rights. Equity has jurisdiction of fraud, but it does not collect debts. A creditor must establish his demand at law, and obtain a lien upon the property, before the transfer inter- feres with his rights, or he has any title to claim relief in equity. Xo creditor can be said to be delayed, hindered or defrauded by any conveyance until some property out of which he has a specific right to be satisfied is withdrawn from his reach by a fraudulent conveyance." In Westheimer v. GoodUnd, 24 Mont. 90, 60 Pac 813, the learned justice delivering the opinion of the court uses the fol- lowing language: *^As soon, however, as he (the creditor) acquires a lien upon the specific property which was the subject of the sale, his status is that of one who has brought himself, if the expression may be used, into privity with the property, and courts of law will then afford relief. After the exhaustion of legal remedies, the extraordinary jurisdiction of chancery may be invoked, either to reach assets which cannot be seized under a writ of execution or to remove a cloud upon the title 26 Mont] Wyman et -ax. v. Jensen et al. 235 to, or an obstruction standing in the way of legal process against the property, which, if not removed, may prevent a sale at a fair price. But in any case, and in all cases, whether the relief sought be legal or equitable, the creditor or other person who, as plaintiff or defendant, would avoid a sale or transfer for the reason that it was made with intent to defraud him of his demands, must have a lien or charge upon, or an interest in, the particular property which he desires to have subjected to the payment of his claim. As to the general cred- itor, such a sale is voidable, in the sense that when he shall have acquired a lien upon the property affected, but not before, tht? sale becomes inoperative as to him, not only from the date the lien was imposed, but ab initio/^ Did the plaintiffs in this case bring themselves within the rule we have stated by first securing a lien upon the property in the hands of the assignee ? Among the many allegations of the complaint, it is averred that on the 4th day of March, 1897, in an action at law, the plaintiffs recovered judgment against the defendant Andrew Jensen for the sum of $4,112.68, and that on said date an execution was issued thereon and placed in the hands of the sheriff for service, who on the 8th day of March, 1897, made the following return on said writ: "I hereby certify that I received the within writ on the 4th day of March, 1897 ; that I garnished Chas. T. Hull, who makes return annexed hereto; also made demand of Andrew Jensen to pay the same. He refused payment, saying he was unable to do so, as he had no means of paying the same. I hereby return the within writ wholly unsatisfied." The foregoing is the only allegation con- tained in the complaint touching the action of the sheriff under the execution and the return of said Hull. It does not appear what statements Hull's return contained. It also appears from the complaint that the principal prop- erty assigned consisted of a general stock of merchandise in Great Falls and Sand Coulee, and was at the time of the ser- J ^36 Wyman et al. v. Jensen et al. [Dec T/01 vice of notice of garnishment in the possession of Charles T. Hull, assignee. The complaint in this case, in respect to the allegations charg- ing a lien upon the property in the hands of the assignee, is almost identical with that in Wilson v. Ha/rris, 21 Mont. 374, 54 Pac. 46. The character of the personal property sought to be charged with a lien is the same, as well as the method pur- sued in attempting to create a lien, and as to the sufficiency of the complaint is decisive of this case. After the thorough and exhaustive discussion of the third and fifth subdivisions of Section 186 of the Code of Civil Procedure, Compiled Statutes of 1887, by the justice delivering the opinion of the court in that case, it would seem that further discussion as to the legis- lative intent is unnecessary. We are of the opinion that the views therein expressed in no way conflict or are inconsistent with the other provisions of the attachment law, but are in perfect harmony with them, and that the conclusions reached by the court in its construction of said subdivisions are but the reasonable and logical deductions to be drawn from the lan- guage used. Said subdivisions are as follows: "Third. Per- sonal property capable of manual delivery shall be attached by taking it into custody. * * * Fifth. Debts and credits and other personal property not capable of manual delivery shall be attached by leaving with the person owing such debts, or having in his possession or under his control such credits and other personal property, or with his agent, a copy of the writ, and a notice that the debts owing by him to the defendant, or the credits and other personal property in his possession or under his control belonging to the defendant, are attached in pursuance of such writ'' While these subdivisions provide the method by which a lien may be secured by attachment, and while in the case at bar the property was sought to be charged under a writ of execution, the method to be followed under the two writs is the same In both instances property capable of manual delivery must be actually seized and taken into custody. Section 1218 of the 26 Mont.] Wyman et al. v^ Jensen et al. 237" Code of Civil Procedure contains the following provision : "AIL other property not capable of manual delivery may be attached, on execution, in like manner as upon writs of attachment*' And as we have seen in Wilson v. Harris, supra, if no lien is* created on personal property capable of manual delivery by the service of notice of garnishment, none certainly would at- tach on the same character of property on a writ of execution. Manifestly it is the intent of the act to require the officer charged with the execution of a writ to take personal property,, capable of manual delivery, into his custody. To what purpose^ would the levy be made on a writ of execution if it was not taken into the actual possession of the officer ? That he should do so is self-evident from the very nature of the duty he is commanded by the writ to perform. If his possession is but constructive, — obtained by service of garnishment, — while the- execution debtor or a third person has the actual possession of the property, how will he be able to conduct a sale in conformity with the law, which requires him to expose the property to the- view of prospective purchasers who attend the sale ? Section 1227 of the Code of Civil Procedure, among other provisions, contains the following :• "When the sale is of per- sonal property, capable of manual delivery, it must be within view of those who attend the sale, and be sold in. such parcels- as are likely to bring the highest price. * * * Xhe judg- ment debtor, if present at the sale, may also direct the order in which property, real or personal, shall be sold, when such property consists of several known lots or parcels, or of articles which can be sold to advantage separately, and the sheriff must follow such directions." The complaint contains no allegation that at the tijne the- notice of garnishment was served the defendant Hull had in his possession any property which was not capable of manual delivery. : The ser\uce of notice of garnishment under the circumstances- of: this case — if the return of the sheriff quoted, were sufficient 238 Wyman et al. v. Jensen et al. [Deo. T/01 to show such service, would create no lien upon the property of the debtor capable of manual delivery. The complaint also contains an allegation that ''the real estate conveyed by said assignment does not exceed in value the sum of $1,500." This is the only reference that is made to the real estate conveyed by the deed of assignment As to its description and location, we are left entirely to conjecture. It may be in the county in which judgment is alleged to have been rendered, or it may not. If one seek the aid of a court of equity against Ibe re:il t'^rntc of his debtor, he must show a lien, by judgment at laT^ or ntherwise, on such real estate or an in- terest therein. The same necessity exists for the allegation of fact showing a lien upon real estate as upon personal property- In this respect the complaint is likewise fatally defective in the lack of averment of material facts that charge the real estate with a lien. Before real estate can be charged with a judgment lien, it is absolutetly essential that the judgment be docketed, — unless this is done, no such lien is created. There is no allegation in the complaint that plaintiffs' judgment was docketed. The mere rendition of a judgment creates no lien. (Section 1197, Code of Civil Procedure; Creighton v. Hersk- field, 2 Mont 390; Sklower v. AhhoU, 19 Mont 228, 47 Pac 901.) For the reasons hereinbefore stated, the complaint is wholly lacking in the averment of material facts absolutely essential to plaintiffs' right of recovery, and the court should have sus- tained defendants' objection to the introduction of evidence, for the reason ihat the complaint does not state facts sufficient to constitute a cause of action. A motion for a new trial was denied on the sole ground, as appears from the order denying the motion, that the moving party was dilatory in presenting the motion. Xo consideration was given to the grounds of motion. The court erred in holding that delay in bringing on the motion for a hearing was a sufficient ground of denial of such motian. flither party has the privibge of calling up the motion; therefore the pre- 26 Mont] Wtman et al. v. Jsn8sn et al. 239 vailing party cannot complain if the adverse party does not ask the court to hear the matter. The motion for a new trial should have been considered and decided upon the grounds of the motion. (Section 1174, Code of Civil Procedure; Sweeney v. GreaJ; Falls £ Canada Railway Co., 11 Mont 34, 27 Pac. 347.) As the judgment, for the reasons given in this opinion, must be reversed, it is unnecessary to consider the appeal from the order denying the motion for a new trial. The court below should permit plaintiffs to amend their com- plaint to state a cause in equity, if they are able, in the light of the actual facts and of the law, as stated in this opinion to do so; and, as the reversal of the judgment, under the cir- cumstances of this case^ in effect reverses the court's order denying the motion for a new trial, a new trial should be al- lowed, if plaintiffs amend as suggested. Judgment re\'^ersed, and cause remanded for proceedings in accordance with the views above expressed. Reversed and remanded, Mb. Justice Milburn : I concur. Mb. Chief Justice Bbantly: I concur in. the result, as well as in the method by which it is reached. Judge Henry treats the question of the sufficiency of the complaint as arising upon the appeal from the judgment I think this is correct, though, upon the record in this ease, it makes no difference whether it be considered upon the one appeal or the other. In a case io) which the complaint wholly fails to state a cause of action, the question of its sufficiency may be presented in this court for the first time by assignment in the brief, even thcpugh no attack has been made in the trial court by demurrer or otherwise. (Code of Civil Procedure, Sec 685 ; Whiteside V. Lebcher, 7 Mont. 473, 17 Pac 548 ; Oarver v. Lynde, 7 Mont 108, 14 Pac 697 ; Quirk v. Clark, 7 Mont 231, 14 Pac 669.) In any case the same question may be presented upon 240 Wyman e't ai* v, Jestsbn bt al. [Dec T/01 appeal from the judgment when timely objection to the intro- duction of fcividence is made in the court below, and exception is reserved and incorporated in a bill, as provided by the stat- ute. (Section 1154, Code of Givil Procedure.) Such a bill becomes a part of the judgment roll, and upon appeal from the judgment the niling may properly be reviewed. The question may also be preaented in a bill of exceptions, or statement on motion for a new trial. In the event this course is pursued, the sufficiency of the pleading may be examined, either on ap- peal from the judgmotit after the motion is denied or upoo appeal from the order denying it Under the provisions of Section 1736 of the Code of Civil Procedure as construed by this court in Withers v. Kemper, 25 Mont. 432, 65 Pac. 422, the statement or bill of exceptions used on the motion is availa- ble on appeal from the judgment, equally as upon an appeal from an order denying a new trial, for the purpose of having this court review all questions of law arising during the progress of the trial. In this case a motion for a new trial was properly made upon a statement. It was denied on the sole ground that the defendants did not call it up for hearing as promptly as in the opinion of the court they should. This was clearly error, for the reason that the successful party may not be heard to charge his adversary with laches in the prosecution of his mo- tion, while it is his privilege under the statute (Section 1174, Code of Civil Procedure) to have the motion disposed of at any time after the statement or bill of exceptioiis has been pre- pared and filed. The ruling, however, was equivalent to a de- nial of the motion on its merits, at least in so far as mere questions of law were involved ; and, so treating it, all the ques- tions presented by the motion, other than those arising upon grounds properly addressed to the discretion of the trial court, such as the question of the weight of evidence and the Uke^ are properly before us for review upon the appeal, either from the order or from the judgment . In Voll y. Hollis, 60 Cal. 569, and in Oriffith v. Orwner, 47 Cal. 644, the supreme court of California treated an order dismissing a motion for a new 20 Mont] In xx Wsed. 241 trial as equivalent to an order denying a new trial, and, upon appeal therefrom, reversed it upon the merits. While I think the strictly logical course would be to reverse the order denying a new trial when it is made upon a groamd not involved in the merits, and to direct the trial court to pasft upon the merits, as was done in Sweeney v. Great Falls & Canada Railway Co,, supra, cited by Judge Henry, yet for all practical purposes the same result is reached by considering and determining all questions of law arising ujwn the reccird, just as if the motion had been deni^d generally upon the merits. If, however, in such a case the moftion should present grounds addressed ex- clusivelv to the discretion of the trial court, then this court could not consider them upon appeal from the order, but would, if it were necessary to consider them, remand the cause to the district court, and require that court to first .consider and pass upon them, as was done in Sweeney v. Oreat Falls & Canada Railway Co., supra. In the present case the principal question being one of law, it is properly before us either upon appeal from the judgment or from the order denying the mo- tion. Mr. Justice Pigott, having been of counsel, did not hear the argument^ and takee no part in this decision. In re weed. <No. 1,744.) (Solimitted December 23, 1901. Decided January 13, 1902.) '^ 241 m 608 28 241 Attorney — Disbarment — Sale of Realty — Subsequent Transfer 28 aa — Fraudulent Intent — "0/^ Construed to Mean ''and" — ■» 467 Deceit — Accusation — Verification, H ^/ 1. Compiled Statutes of 1887, Fourth Division, Sec. 200, declaring that any person disposing of land, and thereafter Icnowingly "or" fraudulently acaln Vol. XXVI-16 242 In be Weed. [Dec T.'Ol disposing of it to another person, for a valuable consideration, shall be guilty of a felony, being designed only to prevent the defrauding of one or the other purchaser, should be read as if "and" instead of **or'* were used; and a petition in disbarment proceedings, alleging that respondent sold lands to petitioner, agreeing to convey on payment of the price in In- stallments, after payment of part of which respondent deeded the land to another party, and subsequently refused to convey to petitioner, but not alleging that reapondent intended to defraud anyone; that the second transfer was for value ; that petitioner had tendered the amount still due, or that the subsequent transfer was such that respondent was unable to procure the title for petitioner upon tender of the remainder of the price, — did not charge a violation of the statute rendering respondent liable to disbarment, under Code of Civil Procedure, Sec. 402, providing that an attorney who is guilty of any crime, deceit, malpractice, or misdemeanor may be disbarred. 2. The fact that respondent received payments after having conveyed to the third party, and did not Inform petitioner of such conveyance, did not show that he was gniilty of deceit; such action being entirely consistent with a purpose to obtain title for petitioner on payment of the full pur- chase price. 3. Under Code of Civil Procedure, Sec. 420, providing that the accusatiou in disbarment proceedings must be verified by the oath of some person that the charges are true, charges verified upon information and belief will not be considered, • Proceeding for Hie disbarment of Elbert D. Weed, on ax5cu- satixms filed by Theodore A. Mayer. The accused filed written objections to the sufiiciency of the charges. Objections sus- tained. Mr. James Donovan, Attorney General, amicus curiae. Messrs. McConnell <& McConnell, for Weed. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the courts On December 4, 1901, one Theodore A. Mayer, appearing in person in this court, presented a written accusation verified by his own oath, containing certain charges of fraud and deceit against Elbert D. Weed, a member of the bar of Montana, and asking for an order that the name of said Weed be stricken form tlie roll of attorneys and counselors at law. The accusa- tion contains five separate counts. The first involves a transr action between the accuser and Weed, and charges, in- sub- stance, that on December 7, 1894, the said Weed made a writr ten contract with Mayer, under the terms of which he sold and 26 Mont] Ik se Weed. 243 agreed to convey to Mayer 8Q acres of land situate in Lewis and Clarke county, for the sum of $800, upon payment by the latter of $125 dowm, $200 on or before January 15, 1895, $175 on or before March 1, 1895, and $300 on or before De- cember 1, 1895 ; that at the date of the contract Weed held the legal title to the land ; that on April 17, 1895, Mayer made the payments of $200 and $175 which fell due on January 15 and March 1, 1895, respectively, and that the receipts, for these simis were dated as of the times at which the respective payments should have been made ; that Mayer did not have the contract recorded, for the reason that he had implicit confi- dence in Weed, and for the reason that he did not know this was necessary for the protection of his rights ; that on or about April 2, 1895, the said Weed conveyed the land described in the contract to one Luther F. Smith by deed which was put upon the records of Lewis and Clarke county on April 15, 1895 ; that Weed did not at any time notify Mayer that the land had been conveyed, but that, on the contrary, he received payments from Mayer amounting to $375 after the deed of April 2 was executed and delivered to Smith; that thereafter, on August 28, 1895, Weed wrotle Mayer that he would be ready in a short time to make the title good; that Mayer did not learn of the transfer of the land by Weed until September 12, 1901, when one Jeinnie Smith Heath, as grantee of Smith, demanded from Mayer possession of the premises ; that during all the time after his said transfer to Smith the said Weed concealed the fact of the transfer, and led Mayer to believe that he would be able to convey to Mayer according to the terms of their agreement ; that during all of said time the said Mayer resided upon the land, expending large amounts of money and labor in improving it, having full confidence that he would finally receive the title thereto from Weed ; that now he has learned that Weed is not the owner of the land and cannot con- vey it to him ; that Weed refuses to refund to him the money paid under the terms of the oontract ; that he refuses to convey the title ; that Mayer has been compelled to enter into an agree- 244 In be Wejsd. [Dec T/01 ment with Jennie Smith Heath by which he ooeupies the land as her tenant^ and hs^ thus lo^t^ not only the amount paid Weed^ but also the labor and money expesided in improving the land ; and that by reason of the lapse of time the said Weed cannot now be prosecuted for the crime thus committed. The remaining four coimts contain charges growing out of transac- tions between Weed and other persons^ some being charges in- volving hi8 persoiud charBcter, and others hb honesty and in- t^grity as an attorney and counselor at law. The all^ations in the first count are verified upon personal knowledge of the accuser; the other counts are verified upon information and belief, and are not supported by sworn statements from the persons having knowledge of the facts. The accused, reserving his right to controvert the truth of the charges, as permitted by the statute (Code of Civil Procedure, Sec. 423), has filed written objections to their sufficiency to put him on trial. To the first count objection is made^ among others, that it does not charge the accused vriih. any deceit^ malpractice^ crime, or misdemeanor, and, generally, that it does not allege sufficient to show the accused guilty of violating any of the provisions of Section 402 of the Code of Civil Procedure defining the causes for which an attorney and counselor may be removed from his office. The only objection made to the other charges is that they are verified upon information and belief only, and not upon the knowledge of the accuser or any other perwn. The sufficiency of the facts alleged in them to warrant an order of disbarment is not questioned. The attorney general has appeared by request of this court as amicus curiae, and has filed a written argument in support of the charges. He ooncedes the contention of the accused that the accusation attempts to present a cause which falls within the class contemplated by Subdivision 6 of Section 402, supra, and that if the facts alleged do not show the commission of such a crime or misdemeanor, or such acts of deceit as imply moral turpitude in the accused, the charge is not sufficient, in substance, to warrant an investiga^ 26 Mont] In bs Webd. 245 tion. Two questioDSy therefore^ must be dertermined : (1) Whether the charge in the first count is sufficient in substance ; and (2) whether the verification, upon information and belief only, as to the other counts, meets the requirement of the stat- ute. We are of the opinion that both must be answered in the negative. 1. The part of Section 402, supra, pertinent to this discus- sion, is the following: "An attorney and counselor may be re- moved or suspended by the supreme court * * * (5) who is guilty of any deceit, malpractice, crime or misdemeanor." The purpose and intent of this provision was considered by this court in the ease of In re Wellcome, 23 Mont 140, 58 Pac 45, and the application to be made of it is stated thus: "Subdi- vision 5 is broad enough in its language, and sufficiently com- prehensive in substance, to embrace all public offensee, where- soever committed, by attorneys, and to clothe the court with jurisdiction of an accusation imputing to an attorney the com- mission of any crime or misdemeanor wherever the offense of itself invokes or the circumstances of its perpetration reveal the existence of moral turpitude, or the facts attending it evince such gross misoomduct as exhibits his unfitness to remain in the pirofession. The fifth subdivision, notwithstanding its iingraramatical construction, seems to have been enactetd ex industria, to the end that the court may purge the bar of those attorneys whose characters, as illustrated bv the evidence esr tablishing the truth of the charges preferred, lack the attributes of morality which are an essential to admission, and which should be required as a continuing condition of the right to practice.'* In other words, when an attorney is shown to have committed a crime or misdemeanor, attended by such circum- stances as imply moral turpitude, or when he has been guilty of such gross misconduct falling short of actual crime that it m.ust have been the result of a depraved nature or immoral habits, rendering him unworthy of the confidence of his fellow men, he should be deprived of the right to remain in the pro- fession, just as the right to enter it would have been denied 246 In be Weed. [Dec T/01 him had he been shown tx> poeseea the same attributes of char- acter at the time he applied for admission. This construction was approved, and the reasons in support of it stated at some length, in a subsequent opinion upon another phase of the same case (In re Wellcome), repoorted in 23 Mont, at page 213, 58 Pac. 47, and was the basis of the final judgment therein (Id. 23 Mont 450, 59 Pac. 445). That no crime is charged in this count is clear. Section 200 of the Fourth Division of the Compiled Statutes of 1887, which were in force at the time the conveyance to Smith is alleged to have been made, reads as follows: "Sec 200. Any person or persons after once selling, bar- tering, or disposing of any tract or tracts of land, town lot or lots, or executing any bond or agiieement for the sale of lands^ or town lot or lots, who shall again knowingly or fraudulently sell, barter, or dispose of the same tract or tracts of land, op town lot or lots, or any part thereof, or shall knowingly or fraudulently execute any bond or agreement to sell or barter, or dispose of the same land, or lot or lots^ or any ]^rt thereof, to any other person or persons, for a valuable consideration, every such offender, upon conviction thereof, shall be punished by imprisonment in the territorial prison not lees than one year, nor more than five years." If we substitute the conjunctive "and" for the disjunctive "or" connecting the words "knowingly" and "fraudulently," this section is made identical, except in the extent of the pen- alty, w^th Section 132 of the Act of the legislature of Cali- fornia of 1850 in relation to crimes and punishments. Like many other provisions of oiur Codes, the section quoted was adopted from the California Act, though we find similar pro- visions among the criminal statutes of other states. The pur- pose of the legislation is to declare it a felony to sell, barter, or dispose of lands, or to make an agreement therefor, for a valuable consideration and with fraudulent intent, after having once sold them, or made an agreement to sell them, to another. The construction to be given to the phrase "knowingly or 26 Mont.] In k& Weed. 247 fraiiduleatly" presents more difl&culty. This is not encountered in the California Act, and disappears from our own if we read *^and" instead of "or." Under the former the offense was suffi- ciently charged if it was alleged that tJie second sale, barteoring, disposition, or agreement was made with intent to defraud. {People V. Gamett, 35 Cal. 475, 95 Am. Dec. 125.) We think "or" should be read *'and." This conclusion is based both upon the history of the legislation and ui>on a consideration to be hereafter noticed. The California section was adopted from the statute of 27 Elizabeth, (liapter IV {People v. Gar- tiettj supra.) The mischief sought to be prevented by the Act was, among others, a second disposition of lands already dis- posed of, with intent to defraud either tlie first or second pur^ chaser. By express terms, it designated the person to be in- jured by the fraud as either the first or second purdia^ser. The California statute as well as our own left this to s}>e!Culation. But the supreme court of (California, having the section under consideration in People v. Garnett, supra, held that under a proi>er construction of it, in view of the mischief souglit to- be remedied, the only person who could be injured was the first or second purchaser, and that it was sufficient if it l>e charged that the fraud was intended to* injure either. Wo may remark, in passing, Uiat the California Act of 1850 was tunended under the Code as adopted in 1872 (California Penal (>jde, Sec. r)33), and that the amended section was incori)oratetl in the Penal Code of Montana of 1895 as Section 935. The purpose of the amendment was to make clear the designation of the person to be injured by the fraudulent sale. The essence of the offense, under all those statutes, is, how- ever, a second sale of the same land, for value, with intent to defraud. The section (200) of the Compiled Statutes quoted is found in the chapter entitled ^^Offenses Committed by Cheats, Swindlers and Other Fraudulent PerscMs," and the act de- nounced by it as an offense is thus classed with a number of offenses, each of which requires a specific fraudulent intent. 248 In »£ Weed, IBeo. T/01 Tiifi same is true of Section 935 of the Montana Code of 1895, referred to. Looking, therefore, to the origin and purpose of the legisla- tion, it seems clear that^ in order to complete any offense fall- ing mthin the purview of the statute, the second sale or dispo- sition of lands must be made, not only with full knowledge of the prior conveyance, but also with a fraudulent — that is, a deliberately planned — purpose and intent to deceive, and there- by gain an unlawful advantage. This view would require '^or" to be read "and." It is strensrthened by the additional con- sidoration that, if the disjunctive be allowed to stand, with its ordinary signification, the statute would render every second sale of lands by the same person for a valuable consideration a felony, whether it be fraudulently made or not; for it is hardly conceivable that such a second sale could be made by the same i)erson without knowledge of any previous sale made by him. To illustrate: If A. should sell to B. by a good and sufficient deed, whicli was properly put on record, and then should sell to 0., after fully informing C. of the former sale to B., A. would not be guilty of an offense, within the meaning of the statute. This is the identical case considered in People V. Garnetty svpra, wherein it was held that under such circum- stances no offense was committed, because it appeared that there was no fraudulent intent While we should, ordinarily, be reluctant, to say that the leg- islature did not intend to denounce as an offense an act which clearly falls within the letter of the statute, we do not hesitate to do so when the act in question is in itself without harmful effect or tendency, and it is reasonably clear that thedegisla- ture did not intend to prohibit it^ We shall therefore read the statute as identical in the particular mentioned with the Cali- fornia statute, and construe it accordingly. To make out the offense, it must be alleged and proven: (1) That a sale and conveyance, or an agreement therefor, have l)een made; (2) that a second sale and conveyance, or an agree- ment therefor, have been made for a valuable consideration; 26 Mont.] In be Webd. 249 and (3) that suck second sale has been knowingly made, and with a felonious intent to defraud either the first or second purchaser. The facts set forth in the first count of the accusation fall verj" far short of these requirements. So far as appears there- from, there was no intent to defraud either Mayer or Smith bv the transfer to Smith. The conveyance to Smith may • •.'1/ have been upon conditions and stipulations preserving all of Mayer's rights, or with such reservations as would enable Weed to procure title for Mayer upon a tender by the latter of the remainder of the purchase price. It is nowhere alleged that the conveyance was intended to defraud any one, nor that it was for a valuable consideration. It is alleged that Weed has refused to convey the title to Mayer ; but this he had a perfect right to do, so long as Mayer was in default in making payment under the contract There is no allegation that a tender has l)een made, nor any reason stated by w^ay of excuse. While we do not wish to be understood as saying that the charges in such cases as the one presented should be made wdth all the technical precision required in an indictment or information, nevertheless the accused is entitled to know^ with what particu- lar offense he is charged, so that he may have opportunity to meet it with his proofs. It is therefore incumbent upon the ac- cuser to state, in substance, the crime upon proof of which he asks the order of disbarment to be made. ■ The facts stated in this count do not show any such deceit practiced by Weed as would warrant tlie conclusion that he is so far unworthy of confidence that he should be deprived of his office. There is, as we have seen, an absence of any allegation charging directly that he is not now in position to obtain the title for Mayer, whenever the remainder of the purchase money is tendered and a deed demanded. The failure on the part of Weed to mention the transfer to Smith when the payments were made in April, 1895, is entirely consistent with a purpose then and still entertained by him to make good his agreement whenever he should be lawfully required to do so. Any repre- 250 In ee Weed. [Dec T.'Ol sentation then or afterwards made to Mayer that he would be able to convey the title, so far as the contrary appears from the charges, may have been perfectly 'consistent and truthful. Be- fore this concealment could be held to be deceitful and fraudu- lent, it should appear that it was made in order to obtain the payments from Mayer, Weed knowing at the time that he had put it out of his power to fulfill his obligations under the con- tract The gravamen of the charge seems to be the injury suffered by Mayer. It does not distinctly appear whether Mayer was in possession of the land at the time of the conveyance to Smith. Therefore his rights and dutiee in the premises are not before us for consideration at this time. 2. The form of the verification of the accusation is as fol- lows: "Theodore Mayer, being first duly sworn, on oath de- poses and says: That he is the above-named petitioner; that he has read the foregoing petition, and knows the contents thereof; and that the facts therein stated are true of his own knowledge, except as t6 such matters as are therein stated upon information and belief, and as to those matters he believes it to be true. Theodore A. Mayer." Specific objection is made to it as to counts 2, 3, 4, and 5, on the ground that it does not meet the requirements of Section 420 of the Code of Civil Procedure. This section provides: ^'The accusation must state the matters charged, and be verified by the oath of some person to the effect that the charges therein contained are true." The language of this section is clear and explicit, and, construing it according to its manifest meaning, the accusation must be supported by the oath of some one having knowledge of the facts upon which it is based. .It requires but little considera- tion to arrive at tlie conclusion that the legislature did not intend that the time of this or the district court should be taken up wdth the investigation of charges based upon mere hearsay or rumor. Otherwise the way would be open to every discontented litigant to prefer a charge against an attorney based upon information, and the result would be a serious in- 26 Mont.] In ee Weed. 251 terruption to the ordinary business of this court. Furthermore, every attorney would be liable at any time to be called to ac- count and subjected to the annoyance of such proceedings against him, and thus be made to suffer in his reputation by reason of them. The accuser is not a party to the proceeding. Therefore the rule governing the ordinary verification of a pleading does not apply. Neither is there any analogy between this proceeding and an ordinary prosecution by a county attor- ney under his official oath. Here tlie law is put in motion by a private citizen, and, just as where an application is made to the district court by a private citizen for an order requiring the county attorney to file an information in a particular case (Penal Code, Sec 1384), it may be invoked only by a statement of facts based upon knowledge. The provision in question was adopted from the California Coda The supreme court of that state has considered it in two cases, and the conclusion reached supports our view. (In re HotcKkiss, 58 Cal. 39 ; In re Hud- son, 102 Cal. 467, 36 Pac. 812.) It was also considered some- what by this court in the case of In re Wellcome, 23 Mont 213, 58 Pac 47, and like rule laid down in the cases cited was there impliedly approved. 3. As heretofore stated, the section of the Compiled Stat- utes quoted was supplanted by Section 935 of the Penal Code of 1895. The latter section extends the penalty to a maxi- mum of ten years in the state prison, ^tfothing said herein is to be construed as an intimation that a prosecution could or could not have been maintained after the adoption of the pres- ent Code for an offense committed while the older section, was in force. The objections are sustained, with leave to amend the accu- sation, in accordance with the view^ herein expressed, and attach a proper verification, within twenty days from this date ; otherwise, the proceeding will be dismissed. S62 Brophy v. Downby et ux. [Dec- T/01 26 252 32 _472 BROPHY, Respondent, i;. DOWNEY et ux.. Appellants. I26 252I 139 42I (No. 1,381.) (Submitted November 20. 1901. Decided January 13, 1902.) Action on Note Secured by Mortgage — Pleading — Unenforced Security — Defense — Loss of Security — Foreclosure, 1. Where, in an action on a note, the answer alleges that the note was s«^ cured by a real estate mortgage executed at the same time, which bfis not been foreclosed, such allegation is a defense, and not a counterclpim, and hence a reply is not necessary, under Code of Civil Procedure, Sees. 720- 723, 754, requiring a reply to a counterclaim. 2. Where, in an action on a note, defendants allege that the note is secured by a mortgage which has not been foreclosed, the fact that at the com- mencement of the action plaintiff made an affidavit for attachment. In which he stated that without his fault such security had become worth- less, could not affect the action of the court on a motion for nonsuit, where such affidavit was not offered in evidence, nor was its contents proved. Z. Where, in an action on a note, defendants allege that the note is secured by an unforeclosed mortgage, it is Irregular to show such defense by cross- examination of plaintiff's witness. 4. Where, In an action on a note, the court had admitted evidence that the note was secured by a mortgage, it was error to refuse to receive evidence that the mortgage was second to another, which had been foreclosed, that the property had been sold, and the time of redemption from such sale had expired. 5. Where a note was secured by a second mortgage, which has become of no value because of foreclosure of the flrst mortgage and expiration of the time of redemption, the complaint in an action on such note need not refer to such mortgage or loss of security, the action not being .to enforce such security under Code of Civil Procedure, Sec. 1290, providing that there shall be but one action to recover a debt secured by mortgage or to enforce such security, which action must be in accord with the provisions of that chapter relating to mortgage foreclosures. 6. Under Code of Civil Procedure, Sec. 1290, regulating actions to foreclose mortgages, and providing for a deficiency Judgment after sale of the prop- erty, the holder of a note secured by a second mortgage is not required to foreclose during the period of redemption after the first mortgage hsis been foreclosed and the property sold thereunder, but he may wait till such period has expired and his lien is determined, and then sue on the note. 7. Where, in an action to foreclose a flrst mortgage, the mortgagee in a second mortgage is made a defendant -and defaults, such action does not defeat the right of his assignee of the note to recover thereon after the time to redeem the premises from the foreclosure sale has expired. 8. Where parties are made defendants in a suit to foreclose a mortgage, the complaint alleging that they "have or claim to have some interest in cr claim upon said premises, « • >* which interest or claims are subse- quent to and subject to the lien of the plaintiff's mortgage," and the de- fendants make default, the effect of a sale of the mortgaged lands under a decree rendered therein, must be confined to liens acquired subsequent to the mortgage. 26 Mont.] Bbophy r. Downey et ux, 25S Appeal from District Court, Silver Bow County; John Lind- say, Judge, Action by Patrick J. Brophy against Patrick Downey and wife. From an order granting a new trial after a nonsuit^, defendants appeal. Affirmed. Mr. Dan Yancey, for Appellants. Mr. M. D. Leehey and Messrs. McBride & McBride, for Respondent MR. JUSTICE PIGOTT delivered the opinion of the court Action by the plaintiff, as assignee, upon a promissory note- made by the defendants to J. H. Smith & Co. on December 16,. 1891. The complaint states the execution, assignment and non-payment of the note, and judgment is demanded for the amount thereof. The only defense pleaded which need be mentioned is to the effect that the defendants at the time they made the note executed a mortgage on land to secure its pay- mentj and that the mortgage has not been foreclosed. The plaintiff treats the plea as stating facts sufficient to constitute a defense, and we shall assume that it does. No reply was. filed. Upon the evidence in behalf of the plaintiff a nonsuit was ordered on the ground that the defense referred to had been eetablished. The court granted a new trial, and the de- fendants have appealed. 1. The new matter pleaded was in defense and did not constitute a counterclaim. Under the provisions of Sections: 720, 721, 722, 723, and 754 of the Code of Civil Procedure,. an allegation in the answer of new matter to which a reply was not required was deemed controverted. A reply was re^ quired only to allegations constituting a counterclaim; all other new matter was deemed controverted, and hence a reply was not necessary to frame an issue upon a plea setting up an affirmative defense. {Babcock v. Maxwell, 21 Mont 507, 54r 254* Beophy v. Downby et ux. [Dec. T.'Ol Pac. 943.) In this respect the pleadings in the case at bar must be tested by these sections. In Arthur v. Homestead Fire Insurance Company, 78 New York Reports^ 462, 34 Am. Rep. 550 (cited in Babcock v. Maxwell, supra) y the rule de- duced from similar statutes was said "to be so broad that it secures to the plaintiff the benefit of every possible answer to the defense made by way of new matter, not constituting a counterclaim, as fully as though it were alleged in the most perfect manner. For that purpose, evidence admissible under the principles of either law or equity, takes the place of plead- ing." Of the correctness of this declaration we think there can be no reasonable doubt It is to be observed that Senate Bill No. 31, entitled "An Act to Amend Sections 720 and 722, Chapter VI, Title VI, Part II, of the Code of Civil Procedure of Montana, relating to pleadings in civil actions,'' approved February 22, 1899, and found at page 142 of the Session Laws of that year, which amended Sections 720 and 722, supra, so that all new matter in an answer must be taken as true unless traversed or confessed and avoided by reply, was passed after the issues in this action were made up and hence is without pertinency. The plaintiff was therefore entitled to introduce, at the proper time, evidence tending to rebut or avoid any new matter alleged in the answer. 2. At the commencement of the action the plaintiff asserts he sought an attachment under Sections 890 and 891 of the Code of Civil Procedure, and made and filed an affidavit rtating, among other things, that the pay- ment of the note had not been secured by any mortgage or lien upon real or personal property, except originally by a certain mortgage upon real estate, which se- curity had, without any act of the plaintiff or any person ta whom the security was given, become valueless. He argues that this affidavit tended to prove the worthlessnenss of the security, and that the nonsuit was therefore erroneous, and the order granting a new trial correct To dispose of this argument it 26 Mont] Bbophy v. Downby et ux* 255 is enough to say, that the aflSdavit was not put in evidence, nor was it oflFered. There was no evidence with respect to it. Whether it should have been excluded if offered, and what effect, if any, it would have had if received, are matters not here involved. 3. For the sole purpose of establishing the defense referred to^ the defendants^ on their cross-examination of a witness for the plaintiff, elicited evidence to prove that at the time they made the note they also made a mortgage on land to secure its payment^ and that it had not been foreclosed. To the reception of this evidence the plaintiff objected as not proper to be intro- duced upon cross-examination, and took an exception. The plaintiff then offered evidence to show that the defendants on July 21, 1891, made to one McMonigle a prior mortgage upon the same land to secure payment of a debt owing by them to McMonigle, that the mortgage had been foreclosed by suit to which J. H. Smith & Co., as subsequent lienors, were parties defendant, and that at the decretal sale, which took place some two years before the complaint in the present action was filed, the land was struck off to persons other than the defendants at a price not greater than sufficed to satisfy the McMonigle mort- gage. The defendants objected that the evidence offered v. :is incompetent, irrelevant, immaterial, and not warranted by the issues. The objection was sustained upon the ground that the pleadings did not "justify the introduction of the testimony sought to be introduced,'* the plaintiff excepting. The chief contentions of the defendants are, that in an ac- tion to recover t^ peraonal judgment for a debt, the payment of which was nt any time secured by mortgage, the complaint must state that fact and then avoid its effect by appropriate averments showing that the security has become lost or value- less by no act of the plaintiff or those through whom he traces title; that the evidence offered and excluded in this case did not tend to show such loss of security, nor that it had been exhausted; and that the omission of the plaintiff's assignors to enforce their lien in the suit brought to foreclose the Mc- Monigle mortgage, bars the present action. These contentions 256 Bbofhy t?. DowNBY bt ux. [Dec. T*'01 are based upon Section 1290 of the C5ode of Civil Procedure, which reads as follows: "Section 1290. There is but one action for the recovery of debt, or the enforcement of any right secured by mortgage upon real estate or perso«nal property, which action must be in accordance with the provisions of this chapter. In such action the court may, by its judgment, direct a sale of the encumbered property (or so much thereof as may be necessary), and the application of the proceeds of the sale to the payment of the costs of the court and the expenses of the sale, and the amount due the plaintiff; and if it appear from the sheriff's return that the proceeds arci insufficient, and a balance still remains due, judgment can then be docketed for such balance against the defendant or defendants personally liable for the debt, and it becomes a lien upon the real estate of such judgment debtor, as in other cases on which execution may be issued. Xo person holding a conveyance from or un- der the mortgagor of the property mortgaged, or having a lien thereon, which conveyance or lien does not appear of record in the proper office at the time of the commencement of the^ action, need be made a party to such action ; and the judgment therein rendered, and the proceedings therein had, are as con- clusive against the party holding such unrecorded conveyance or lien as if he had been made a party to the action.'' The plaintiff's position is that the existence of mortgage security is not part of the statement of his cause of action, but is af- finnative matter to be pleaded and proved in defense ; and that, by the sale under decree in the foreclosure suit, his security was lost without act or fault of himself or of his assignors. J^o obligation rested upon the plaintiff to state whether or- not there was a mortgage. The fact that there was a mortgage in nowise contradicted or disproved any allegation of the com- plaint; such fact, which was sought to be established as an affirmative defense and not as bearing upon any other issu^ was new matter to be proved by the defendants in making out their case^ and not (under the practice prevailing in Montana) by cross-examination of the plaintiff's witnesses who had re- 36 Mont] Bbofhy v. Downey et tjx. 257 mained sileoat lapon tibe stibjeot We do not hold that the ad- mission of the evidence on cross-examination was prejudicial, or an error of sufficient magnitude to warrant an affirmance of the order awarding a new trial; upon this question we ex- press no opinion. But the court, after admitting evidence that payment of the note had been secured by a mortgage which had not been foreclosed, should have received the evidence offered by the plaintiff to show that the land had been sold under a decree foreclosing the prior mortgage to McMonigle, and that the sale exhausted the security. The evidence offered was both relevant and material. If payment of the debt had been secured by mortgage, and. the security had been lost or rendered valueless by the negligent act or other fault of the plaintiff or his assignors, he could not, these facts appearing, maintain the present action. If, however, there had been such a mortgage given, and the se- curity which it afforded had been lost without fault on the part of the plaintiff or his assignors, the action can be maintained. It lies unless payment of the debt was secured by mortgage at the time of its commencement (perhaps it could not be main- tained if so secured pendente lite) or the security which the mortgage once gave has been lost or rendered nugatory by the act of the plaintiff or his predecessors in interests Now, the period prescribed by statute for redemption from the fore^ closure sale had expired long before this action was begun; and unless redemption was made within the time fixed, the purchaser would, as against the plaintiff, be invested with the title, possessed by the mortgagors at the time the prior mortgage was made, and thereby the lien of the plaintiff's subsequent mortgage would be extinguished. In the absence of a redemp- tion, the purchaser was clothed with such title on the day when he could successfully demand a deed from the sheriff. In that event there could be nothing subject to the purported lien of the subsequent mortgage and consequently no equity to fore- closure. Of course, if it should appear that the plaintiff or his assignors had redeemed the property from the sale under the Vol XXVI-17 258 Bbofhy v. Dowi^by bt ux. [Dec T.'Ol decree faredoeing the McMonigle mortgage, o>r that the,de- fendanta had either redeemed or aoquired title to the property after the sale, a different question would be presented ; it does not arise on this appeal. A subsequent mortgagee, . as such^ has no security within the meaning of Section . 1290, supra, after the property has been sold under decree foreclosing a superior mortgage and the purchaser has become entitled to a deed, no matter what the actual value of the property may have been or may be. The evidence excluded would tend to establish that the mortgage no longer secured payment of the note. The next question is, would the evidence offered have proved that the security afforded by the subsequent mortgage had been lost through the fault of the plaintiff or his assignors ? We are satisfied it would not, but on the contrary would have shown, prima facie, that such loss was without his or their fault: (a) The subsequent mortgage remained a subsisting lien during the period of redemption, and it may be that the plain- tiff could not have, maintained an action on the debt alone until the time for redemption expired. But however that may be, he could, within the period, have sued to foreclose his mortr gage. Did the law impose upon him the obligation to bring such a suit within the time allowed for redemption, under pen- alty of losing his right of action for a personal judgment upon the debt ? Maay reasons might be suggested why the duty did not rest upon him ; one is, that in such a suit he woidd have encountered the previous sale from which a redemption was necessary in order to make his Ken of any value. Suffice it to say that he owed no such duty to the mortgagors. He was not bound to redeem, or to sue for the foreclosure of his. mortgage within the six months allowed by statute for redemption. We are not aware of any rule which . required the plaintiff, as a subsequent mortgagee, to sue whenever the prior mortgagee might choose to do so. (Savings Bank v. Central Mturket Co., 122 Cal. 28, 54 Pac. 273.) We cannot hold that he was so bound without reading into Section 1290, supra, a provision 26 Mont] Beophy v. Downey et ux, 259 to that effect or construing the mortgage so as to indude such a stipulation. We may not do either. The plaintiff's omission to sue did not occasion the loss of the security. The plaintiff was not in fault; he violated no duty which he owed to the mortgagors. The defendants, by failing to pay ihe McMonigle mortgage so that the plaintiff's mortgage might be enforced against the land, permitted and occasioned the loss. Their fault made the security valueless. The law does not prohibit a personal action when it is rendered necessary by such fault of the mortgagors. Section 1290, supray was adopted from the Code of Civil Procedure of California, and in Merced Bank V. Casaccia, 103 California Reports, 641, 37 Pacific Reporter, 648, the supreme court of that state says of the enactment: *^The obvious purpose of the statute is to compel one who has taken a special lien [by mortgage] to secure his debt to exhaust his security before having recourse to the general assets of the debtor. When he has done this, or when, without his faulty the security has been lost, the policy of the law does not pro- hibit a personal action." To the same effect are Savings Bank V. Central Market Company j supra; Otto v. Long, 127 Cali- fornia Reports, 471, 59 Pacific Reporter, 895 ; Toby v. Oregon Pacific Railroad Company, 98 California Reports, 490, 33 Pacific Reporter, 550 ; and Blumherg v. Bi/rch, 99 California Reports, 416, 34 Pacific Reporter, 102, 37 American State Reports, 67. The decision in Barhieri v. RamalU, 84 California Reports, 154, 23 Pacific Reporter, 1086, does not necessarily conflict with the rule which we announce, for, as pointed out in Otto \\ Long, supra, the plaintiff in that case held a third mortgage and brought a personal action to recover the debt, asserting the right to disregard the mortgage because the amount due on the prior mortgages exceeded the value of the securitiy. The prior mortgages had neither been foreclosed nor otherwise satisfied, and the court held, in effect, that so long as the plaintiff had a mortgage lien on real property his action must be the one pro*- vided foi: in a section of the Code of Civil Procedure which corresponds with Section 1290, supra. This was saying, in 260 Bbophy v. Downey bt ux. [Dec T.'Ol substance^ that a foreclosure aad sale is the special mode pro- vided for asoertaining whether the property subject to the lien of a particular mortgage is of value as security, — ^in other words, whether the mortgage is really a security for the debt. We do not understand, however, that the only mode of ascer^ taining whether a particular mortgage is of value is by its foreclosure. The statute must receive an interpretation in keeping with its design and spirit, and, being a special restrio- tion of the general right to enforce contracts by means of the usual actions, should never be so construed as to forbid an action not plainly prohibited by its provisions* The view which the defendants would have us take of the section is extremely tedmical and doe© violence to its intent Surely the exhausr tion of the security by sale under a prior mortgage or other lien u/pon the same property, would suffice to show that the subse- quent mortgage is without value as security. Nor is Largey v. Cha/pman, 18 Montana Reports, 563, 46 Pacific Reporter, 808, to the contrary of anything decided in this opinion. Largey sued Astle & Chapman to recover judg- ment for a debt; the defendants by answer alleged that their indebtedness to the plaintiff was secured by a chattel mortgage which had never been foreclosed, and this allegation the plain- tiff admitted but contended that, notwithstanding the debt was secured, he could maintain his action upon the debt without seeking to foreclose the chattel mortgaga This court held that Largey could not thus waive the mortgage and cbnsider it as naught, but that, under the pleadings, his only remedy was by an action to foreclose the mortgaga (b) At the time this action was commenced the mortgage of December 16, 1891, stood upon the records in the name of plaintiff's assignors^ who were made parties defendant in the suit to foreclose the McMonigle mortgage, the complaint al- leging that they ''have or claim to have some interest in or claim upon said premises or some part thereof, as purchasers, mortgagees^ judgment creditors or otherwise, which interest or claims are subsequent to and subject to the lien of the plain- tiff's mortgaged' They did not appear, and the decree declared 26 Mont] Brophy v, Downey bt ux. 261 the averments of the complaint to be true. The defendants now insist that the plaintiffs assignors should have set up their mortgage and sought its foreclosure in the former suit and that, having failed to do so, they cannot maintain the present action. This position is manifestly untenable. The mortgage to the plaintiff's assignors was of record and they were made parties for the purpose of foreclosing their equitable (as distinguished from statutory) right, as subsequent lienors, to redeem. By making default they admitted the allegation; but if, for ex- ample, they had held liens superior to the McMonigle mortgage, the admission of the allegation quoted could not have affected the priority of their liens, for the effect of a sale of mortgaged lands under a decree rendered by default must, under such an allegation as the one quoted, which was not designed to tender an issue as to priority, be confined to liens acquired, subse- quently to the mortgaga (Foval v. BerUon, 48 111. App. 638 ; Frost V. Koon, 30 N. Y. 428 ; Brown v. Volkenhig, 64 N. Y. 76 ; Emigrant Industrial Savings Bank v. Goldman, 75 N. Y. 127 ; Smith v. Roberts, 91 N. Y. 470 ; Sichler v. Look, 93 Cal. 600, 29 Pac. 220.) In such a suit the inferior lienors may, if they see fit to do so, appear and obtain^ a decree of foreclos- ure, and so the plaintiff's assignors might, as subsequent mort- gagees, have sought a foreclosure in the suit upon the McMoni- gle mortgage, — ^but they were not bound to do so, and tJie omis- sion has not deprived the plaintiff of the right to maintain this action. {Savings Bank v. Central Market Co., supra.) We cannot approve the course of reasoning or the result in Brown v. WUlls, 67 California Reports, 255, 7 Pacific Re^ porter, 682, as we think both, are demonstrably erroneous. As the order granting a new trial must be affirmed for the reasons stated, we deem it unnecessary to express au opinion with respect to the force or effect upon Section 1290, swpra, of Section 3754 of the Civil Code, providing that "the exist- ence of a lien, as security for the performance of an obligation, does not affect the right of the creditor to enforce the obligation 262 Tait v. Butte Butchkbing Co. [Dec. T.'Ol without regard to the lien-" Whether this section modifies Section 1290 is a question reserved. The order granting a new trial is affirmed. Let remittitur issue forthwith. Affirmed. TAIT ET AL., Respondents, v. BUTTE BUTCHERING CO. ET AL,., Appellants. (No. 1,866.) Appeal — Review — Affirmance. In this case, the judgment appealed from being affirmed, the supreme court re- frained from encumbering the reports with the discussion and decision of questions raised by the specifications of error finally relied upon which present no new or doubtful points of law. Appeal from* District Court, Silver Bow County; William, Clancy, Judge. Action by A. Tait, George HaltenhofF and William Hart, copartners, against Butte Butchering CJompany, a corporation ; Montana Dressed Meat Company, a corporation; Beaverhead Meat Company, a corporation; Silver Bow Meat Company, a corporation ; and Butte Dressed Meat Company, a co-partner- ship ; and Samuel Binder and Frank Hamberger, individually. From a judgment in favor of plaintiffs and from an order de- nying a new trial, the defendants appeal. Affirmed. Messrs. Ca/nipbell & Parr, for Appellants. Mr. E. N. Harwood and Mr. J. M. HimJcle for Respondents* MR JUSTICE PIGOTT delivered the opinion of the court In this action the plaintiffs, who were engaged in the busi- 26 Mont] Tait i;. Buttb Butohbring Co. 263 nees of butchermg aad selling meats and butckers' suppliee^ sought to reoover of the defendants, who were canying on the same business^ a judgment fort $10,000^ claiming that amount as damages proximately caused to their business, by unlawful acts committed by the defendants as members of the Montana Iletail Butchers' Protective Association in pursuance of an alleged oonspirac^ entered into by them and others for the purpose of preventing the plaintiffs from selling meats to retail tradesmen and also of preventing them from selling at a less price than that established by the association named. Trial was had by jury, who returned a verdict for $1,000. From the judgment entered thereon and from! an order denying their mo- tion for a new trial the defendants have appealed. For many days our omdivided attention was given to the volimiinous transcript and the printed arguments of counsel Kepeated examinations and thorough discussions have satisfied ns that the record does not disclose any error, now relied upon, which was prejudicial to the defendants. Disregarding the objection interposed (and seemingly well taken) by the plains tiffs to the mode in which the question touching the sufficiency of the evidence is attempted to be presented in the defendants' brief, we are of the opinion that the verdict was justified by the proofs. The questions raised by the specifications of error present no new or doubtful points of law. To states discuss, and decide them would not serve any useful purpose in the case at bar, nor be of sufficient value as a precedent to warrant an extended opinion. We therefore refrain from encumbering the records and reports with comparatively useless matter. (Bandmann v. Davis, 23 Mont 382, 59 Pac 856.) The judgment and the order are affirmed. Rermttitur may issue forthwith. Affirmed. ?64 Labgst v. Mjuttle. [Dea T/01 LARGE Y, Appellant/ V. MANTLE, Respondent. OWSLEY, Intebvenob and Appellant. (No. 1,0«8.) (Submitted NoTember 14, 1901. Decided January 13, 1902.) Trial — Instructions — General Charge. Where requested instructions are sufficiently covered by the general charge, it is not error to refuse them. Appeal from District Court, Silver Bow County; J. J. Mc- Hatton, Judge. Action by P. A. Largey against Lee Mantle, defendant^ and William Owsley, intervenor. From a judgment for dor fendant, and from orders denying a new trial, plaintiff and intervenor appeal. Affirmed. Mr. John W. Cotter, for Intervenor and^ Appellant Mr. F. T. McBride, ior Plaintiff and Appellant Messrs. Boote & Clark, for Respondent MR JUSTICE MILBURN delivered die opinion of the court. This action was commenced by the plaintiff against the de- fendant to recover the sum of $15,000, alleged to have been received by defendant for the use and benefit of plaintiff, for that a certain mining claim, called "Britannia," and held in. the name of the defendant, was the common property of the plaintiff and the defendant, and was sold by defendant for the sum of $30,000, the plaintiff having fully paid all charges and expenses owing by him for developing the claim, etc By leave of court one Owsley intervened, and claimed for himself the 26 MoBt] Hbikzb 17. B. & M. C. C. & S. M. C5o. U& said sum of $15,000, for that he was the owner of the undi- vided one-haLf inteirest in the said Britannia lode claim. De- fendant denied that either owned any interest in the property, or had any interest in the proceeds of the sale. The jury found all the issues in favor of the defendant, and judgment was entered accordingly. The plaintiff and the intervenor sever- ally appealed from the judgment, and from an order denying their motions for a new trial. The plaintiff argues his appeal upon the alleged error of the court in giving certain instructions and in refusing others. The intervenor does the like, adding that the court erred in overruling his objection to a certain question asked by defend- ant of a witness named AllporL We find nothing prejudicial to either the plaintiff or the in- tervenor in these matters. The instructions given and com- plained of are not all very dear, but were such as could be easily understood when read in connection with the rest of the charge; and those refused,' so far as they stated the law, were sufficiently covered by those given. We find no substantial error to the prejudice of either the plaintiff or the interevenor. The order denying the motion for a new trial and the judg- ment are affirmed. Affirmed. laO 484 g30 4t« i30 4a» HEINZE ET AL., Respondents, v. BOSTON & MONTANA OONSOL. COPPER & SILVER MIN- |« ^ ING CO., Appellant. (No. 1,680.) (Sabmitted October 9, 1901. Decided February 3, 1902.) Mines and Mining — Injunction Pendente Lite — Appeal — Review. 266 Heiwzb «. B. & M. C. O. & S. M. Oo. [Dea T.'Ol 1. Where there is no Babstantial eTldence tending to support an injunction order, the same will, on appeal, be reversed. 2 On appeal from an order granting an injnnetion pendente Ute, the supreme court will not reverse the order, although the evidence tending to prove the identity and continuity of veins would be insufficient upon a trial of the issues on the merits. Appeal from District Court, Silver Bow Covjiiy; WiUiami Clancy, Judge, Action by F. Augustus Heinze, and the Johnstown Mining Company, a corporation, against the Boston. & Montana Con- solidated Copper & Silver Mining Oompany, a corporation. From an order granting an injunction pendente lite, the de- fendant appeals. Reversed in part. « Messrs, Forhis & Evcms, for Appellant. Messrs. McHatton <& Cotter, Messrs. Toole <& Bach, and Mr. James M. Denny, for Respondents. MR JUSTICE PIGOTT delivered the opinion of the court The plaintiffs, asserting title in themselves to the Minnie Healy lode claim and to a certain vein alleged to have its apex therein and to dip to the north beneath the Piccolo and Gam- betta lode claims owned by the defendant^ brought an action against the defendant to quiet their title and to enjoin the de- fendant from trespassing thereon. Upon the complaint and an affidavit in support thereof, the judge below issued a re- straining order against the defendant, and also an order to show cause why an injunction pending the action should not be granted. After a hearing the order to show cause was made absolute on April 25, 1901, and an injunction pendente lite granted as prayed for in the complaint From this order the defendant has appealed. We have devoted much time to the study of the transcript and ^briefs, consisting of 370 printed pages and eight maps of the property in dispute. No useful purpose would be served by a statement or discussion of the evidence. The sole quee- 26 Mont] Heinze v. B. & M. C. C. & S. M, Co. 267 tion raised is whether the evidence was sufficient to justify the order of injunction. As to the "Leonard" vein, the apex of which is in ground belonging to the defendant north of the Oambetta lode daim, and which dips to the south, there was no substantial evidence whatever. tending to support the order. With the order in so far as it affects the Gambetta vein we do not feel disposed to interfere upon this appeal, although tiie evidence tending to prove the identity and continuity of that vein with the vein having its apex in the Minnie Healy would be insufficient upon a trial of the issues on the merits. The injunction order should be modified so as to exclude from its operation the "Leonard'^ vein throughout its length and depth, leaving in force the order so far as it enjoins the defendant from entering upon the Gambetta vein and extract- ing ore therefrom. To accomplish this purpose we think the order should, in the present state of development and under the evidence adduced, go no further than to enjoin the defendant from entering upon (except for the purpose of passing to and from ground to which the injunction order of the district court does not apply, and for the purpose of keeping the openings in repair) or mining, or extracting ore from, any of the ore bodies embraced and described in the injunction order of the district courts lying towards the south of a plane descending vertically into the earth on a line parallel with the south side line of the Piccolo lode claim and passing through the point at which the north side line of the Gambetta lode claim intersects the third, or 300 foot, level south of the "Leonard shaft" The cause is therefore remanded with direction to the dis- trict court forthwith to vacate so much of the order as enjoins the defendant from entering upon or working, or extracting ore from the Leonard vein, or from any vein or veins lying to- wards the north of the plane indicated, and also from entering upon or Using any levels op openings in the possession of the defendant and passing to the south of the plane or lying on either side thereof, as the means of access to other openings and workings of the defendant not described and embraced in the injunction order appealed from. In the event the plaintiffs 268 MuRiiAY V. Northern Pacific Ry. Co. [Dec T/01 shall, within thirty days after the remittittur be lodged with the derk, apply for a new hearing of the onxier to show cause, the court below is directed to set aside and vacate the order of April 25, 1901, in its entirety and to grant a new hearing; if such application be not made within the prescribed period, then the order of this court modifying the order of April 25, 1901, shall become absolute and the court below will, upon mo- tion, cause to be entered a formal order in conformity with the views herein expressed. The defendant will recover the costs of appeal. Reversed in part, with directions. . Rehearing denied February 6, 1902. MURRAY, Respondent, v. NORTHERN PACIFIC RAIL- WAY COMPANY, Appellant. ^ 268. (No. 1,710.) 27 83o 30 148 On Motion to Dismiss Appeal. 30 274 • ■ g ^ (Submitted January 28, 1002. Decided February 6, 1902.) ~26"2C8 ^^ ^ Appealable Order. An appeal from an order by the district court taxing costs will not lie. Appeal from District Court, Lewis and Clarke County; J, M. Clements, Judge, Suit by Patrick M. Murray against the Northern Pacific Railway Company. From an order taxing costs, defendant appeals. Dismissed. Mr. William, Wallorce, Jr., for Appellant Mr. R. R. Purcell, for Respondent 86 Mont] HuBLET v. (VNeii-l. 269 MR CHIEP JUSTICE BRANTLY delivered the opinion of the court. This is an attempted appeal from an order made by the dis- trict court taxing costs. Plaintiff has moved to dismiss the same on the ground that the order is not appealable. The mo- tion is sustained upon the authority of State ex rel. Pierson v. MUlis, 19 Mont. 444, 48 Pac. 773, and the cases therein cited. We see no reason why the rule long followed in this jurisdic- tion, as appears from these cases, should now be changed. Dismissed. 28 209. HURLEY, Appellant, v: O'NEILL, Respondent. ,^ ll\ ~2tt~2(J9 (No. 1,486.) JL.^ (Submitted January 24, 1902. Decided February 10, 1902.) Tenancy in Common — Oral Partitiom — Bona Fide PurcKaser — Notice — Evidence — Burden of Proof. 1. Where tbe title under which tenants in common have held possession is of record and is consistent with the occupancy, the possession must be re- ferred to the record title, and it will not be constructive notice of any other title, legal or equitable. 2. Plaintiff, purchasing the undiyided half interest of S. in a lot, as shown by the record, has not constructive notice of an oral partition of the lot by S. and O., his co-tenant, from the fact that O. had for years paid the taxes on a certain half of the lot. ft. Plaintiir, at the time she took a deed for the undivided half interest of S. in a lot, is not shown to have had actual notice of an oral partition by S. and O., his co-tenant, by the fact that she thereafter paid the taxes on the part S. had occupied, and when O. forbade her sweeping her dirt onto the part occupied by him, she said that O.'s deed was not fixed right, and that she could do what she felt like till there was a division. 4. Held, that, under the circumstances of the case, the burden of proving actual notice of an oral partition between tenants in common rested upon the party alleging such notice. 5. The supreme court upon reversing a judgment will not order tbe court below to render judgment for the appellant as prayed for, where such order might work injustice to the respondent. 270 HuBLEY V. O'Nbiix. [Dec T.'Ol Appeal from DistHct Court, Silver Bow Cowniy; John Lindr say. Judge, Action by Mary Ann Hurley against Patrick O'NeilL Judg- ment for defendant PlaintiflF appeals. Reversed. Messrs, Sinclair & Dygert, for Appellant. Mr. John N. Kirk and Mr. N. W. McConnell, for Eeepond- ent ME. JUSTICE PIGOTT delivered the opinion of the court This is an action to partition a lot 100 feet in length by 30 feet in width, situate in the city of Butte. The com- plaint states, in substance, that the plaintiff and the defendant aire owners (except as to the minerals therein) as tenants in common of the property, each owning an. undivided half in terest The defendant by answer denies the ownership in common alleged in the complaint, and sets up that he and one Sullivan purchased the lot in 1889, and that at the time of the purchase it was agreed between them that Sullivan was purchasing and acquiring title to the east 50 feet of the lot and the defendant was purchasing and acquiring title to the west 50 feet thereof; that in pursuance of the agreement the defendant built a house upon the west half and ever since has occupied the same as his home, and that Sullivan built a house upon the east half and occupied it as his home until some time in 1894 when, for a valuable consideration, he sold and con- veyed his interest in the lot to plaintiff; that the plaintiff at the time of purchasing the interest ^svell knew that the interest of Sullivan was only the east 50 feet of the lot and that Sulli- van had and claimed to have no interest whatever in the west 50 feet; and that since tlie purchase by the plaintiff she has lived upon and occupied the east 50 feet, claiming no interest whatever in the west 50 feet occupied by the defendant A trial was had by the court sitting with a jury. A general ver- dict and special findings for the defendant were returned; 26 Mont] Hurley v. O'Nbiix. 271 these the court adopted and irendered judgment in favor of the defendant decreeing title in him to the west 50 feet of the lot The plaintiff has appealed. The following facts were established by the evidence and the findings: On the 17th day of July, 1889, the persons who were then the owners of the lot in question conveyed it by deed (reserving the mining rights and minerals) to the defendant and Sullivan as tenants in common. This deed was duly re- corded in September of the same year. The defendant and Sullivan had orally agreed between themselves that each was to own in severalty one-half of the lot, and shortly after the purchase it was orally understood between them that the de- fendant was the owner of the west half and Sullivan the owner of the east half of the lot Soon after the purchase CVNeill built a three-ro*ym frame house costing $437 on the west haK, and Snllivan built a house costing $425 on both sides of an imaginary line dividing the lot into halves, a part of the SuUivan house being on the west end and a part on the east end. The west end of the lot faces on Montana street, but there is no means of ingress to or egress from the east half of the lot except through the west half, unless by the consent of those owning the property adjoining the east half of the lot. The defendant and Sullivan with their families occupied the lot, each living in the house built by him, until the 26th day of Mai-ch, 1895, when Sullivan granted his undivided one-half interest in the lot to the plaintiff, who immediately entered into posstjssion of the house previously occupied by Sullivan,, and has lived there ever since with her family. The deed to the plaintiff was duly recorded on the 3d day of April, 1895. As shown by the records of Silver Bow county, the plaintiff is the owner of an undivided one-half interest in the lot At the time Sullivan sold and conveyed to the plaintiff, the records, showed that Sullivan and the defendant were tenants in com- mon. There was ncfthuig to indicate ownership in severalty. There was a fence on the west end of the lot along the line of Montana street, but there was no fence or other evidence of a 272 HumsY V. (VNBnx. [Bee Tl'Ol division between the east and west parta The defendant had paid taxes on the we^t half of the lot sinoe 1889^ but it does not appear that the plaintiff had notice or knowledge thereof when she puirchased from Sullivan. 1. So far aa appearances went, all that had been done by O'^Neill and Sullivan was consistent with their rights as tenants in common, and their occupane^ did not serve to charge the appellant with constructive notice of the rights of O'Neill and Sullivan as between themselves. The title under which they might have held possession being of record and being consistent with the occupancy, the possession must be referred to the record title and will not be constructive notice of any othear title, legal or equitable. {Mvllms v. Buti& Ho/rdsware Comr pany, 25 Mont 525, 65 Pac Rep. 1004.) It is true that the defendant paid the taxes assessed to him on the west half of the lot from 1889 down to the date of the trial; this fact was not constructive notice of the defendant's equitable title arising by virtue of the supposed oral partition ; moreover, it was con- sistent with the title appearing of recoffd. {Mvllms v. BvUe Hardware Co., sv/pra^) Upon this branch of the case suffice it to say that there was no evidence whatever tending to charge the plaintiff with constructive notice of the equitable rights of the defendant 2. With respect to actual notice, the defendant himself testified that at no time before August^ 1897, which was more than two years after the plaintiff punehased from Sullivan, did he intimate to her or assert in her presence any claim in severalty to the west half of the lot, nor was there any evidence tending to show that she had actual notice, either express or implied, of his supposed rights under the oral partition be- tween himself and Sullivan. The defendant contends that there are two Items of evidence which show that the plaintiff had knowledge or actual notice of his tide at the time she pur- chased from Sullivan: Until August, 1897, the plaintiff and the defendant with their families had made common user of the lot for such domestic purposes as they desired without objec- 26 Mont] HuBMY v. O'Neill. 273 tion, let or hindrance; but the defendant testified that in that month he forbade the plaintiff to "sweep her dirt over into our yard, and I told her one evening that she must not do it^ and to keep her own place like the other parties did — ^Mr. Sul- livan— and she told me * * * that I did not fix my deed right, and liat she could do what she felt like until it was divideS. I then took a siirveyor to the lot and had it surveyed, and stake© were put up and designated the dividing line in the hundred feet, and her house stood a little on my ground. I then built a water closet and a wood shed and put up a fence and left the gate for Mrs. Hurley to go in and out at, and Mrs. Hurley chopped the fence up, I believe." The other item is the payment by the plaintiff since 1895 of taxes on the house occupied by her and on the east 50 feet of the lot. It is ap- parent that these two items, whether considered separately or together, fall short, in themselves, of being sufficient to justify the inference tJiat the plaintiff when she purchased the undi- vided one-half interest from Sullivan in March, 1895, had notice of the equitable rights of the defendant This was all the evidence upon the question of actual notice. Under the circumstances of the case the burden of proving such notice was upon the defendant (Htdl v. Diehl, 21 Mont 71, 52 Pac. Rep. 782; Mullins v. Butte Hardware Co., supra,) He failed to discharge the burden, and the plaintiff was entitled to judgment in partition as prayed for in her complaint Her counsel asks thai the court below be instructed to render judg- ment as prayed for; but for the reasons stated in Westhei/mer V. Goodhind, 24 Montana Reports, at page 108 (60 Pac Rep. 813), we think the judgment should be reversed and the cause remanded for a new trial. The judgment is therefore reversed, and the cause is re- manded with direction to grant a new trial. Reversed and remanded. Vol. XXVI~18 274 State ex bei*. H£NNE£UIy. v. Dist. Ct. [Dec. T.'Ol STATE EX BEL. HENNESSY et al., Helatobs, v. DIS- TRICT COURT OF THE. SECOND JUDICIAL DISTRICT, Respoi?dent. (No. 1,778.) (Submitted February 11, 1902. Decided February 11, 1902.) Writ of Supervisory Control — Remedy by Appeal — Question of Title. On a denial of an order permitting a suryey and Inspection of a mining claim » the supreme court will not grant a writ of supervisory control, there beln^ a remedy by appeal from the judgment finally rendered in the cause, and a Question of title involyed in the cause being one for the district court in the first Instance. Petition by the state, on Tthe relation of Patrick J. Hen- nessy and another, for a writ of supervisory control to the Second judicial district court of the state of Montana for Silver Bow county. Writ denied. Mr. T. BaUey Lee, for Relators. MR CHIEF JUSTICE BRANTLY delivered the opinion of the court Application for a writ of supervisory control. Petition was filed in the district court of Silver Bow county by plaintiff in a suit therein pending for an order permitting a survey and inspection of a mining claim. The order was denied for the reason that, in the opinion of the district court, the plaintiff failed to show any interest in himself in the property in con- troversy. The writ is denied, for the reason that the question involved, if properly reserved, may be reviewed on appeal from the judg- ment finally rendered in the cause, and no exigency is shown requiring immediate interference by this court; and also be- S6 Mont] State sx kel. Donotak v. Bist. Or. 275 cause to grant it would require this e&urt prematurely to pass upon the question of title, and thus adjudicate the ultimate rights of the parties, which must be done by the district court in the first instance. Writ denied. Mr. JrsTiCE Pigott: I concur. Mr. Justice Milburn : I concur in the result. STATE EX BEL. DONOVAlSr, Plaintiff, v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT, Defendant. (No. 1.779.) (Submitted February 13, 1902. Decided February 14, 1902.) Perjury — Prelvmmary Excumination — Sufficiency of Evidence — Habeus Corpus — Filing Information — Leave of Court — Wnt of Supervisory Control. 1. On a preliminary examination for perjury before a committing magistrate^ where the decree in the cause in wliich tlie alleged false testtnioDy was given is offered in evidence, but the judgment roll is not admitted or con- sidered, the evidence fails to show that the alleged false testimony was material to any issue in the cause, and the party cannot be held for trial. 2. On hahcaa corpus to secure the discharge of a prisoner held for perjury, where the petition avers that the transcript of the evidence in the case in which the alleged false testimony was given contains all the evidence, and the prosecuting attorney does not controvert such allegation, but the tran- script does} not show that the judgment roll was admitted or considered* the court will assume that it was not received, and therefore will grant the writ. 3. Under Penal Code, Sees. 1730-1732, no leave of court is necessary to file an information after commitment on preliminary examination, and a writ of supervisory control will not issue to compel the granting of leave. 4. Under Penal Code, Sees. 1730-1732, leave to file an information without a preliminary examination may be granted or refused, within the sound dtch cretion of the court, when no statement is made to the court of the evi- dence upon which the state relies for a conviction, and a writ of super- visory control to rsrise such cUacretlon will therefore be denied. 276 St.\te ex kel. Donovan v. Dist. Ct. [Dec T/01 Application for a writ of supervisory control by the state, on the relation of James Donovan, attorney general, against the Second judicial district court in and for the county of Silver Bow. Writ denied. Mr. James Donovan, Attorney General, pro se. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. On January 22, 1902, after a preliminary examination by John Nelson, a justice of the peace of Silver Bow county, one W. M. Ross was held to answer to the district court upon a charge of perjury. Ross, failing to give bond for his appear- ance, was committed to jail. On the following day he peti- tioned the district court of that county, Hon. J. B. McCleman, judge, presiding, for a writ of h<ibea^ corpus, asking for his release from custody on the ground that the evidence taken before the committing magistrate wholly failed to show reason- able or probable cause to believe that the petitioner was guilty of i)erjury, or any other offense, and therefore that his deten- tion was illegal. The petition was accompanied by a tran- script of the evidence taken before the committing magistrate, and alleged that the transcript contained the whole of such evidence. After a hearing by the district court, an order was made discharging the prisoner on the ground that the evidence failed to show probable cause. The attorney general, deeming the county attorney of Silver Bow county disqualified by reason of his previous connection with the litigation in the cause in the district court of Silver Bow county, in which the perjury by Ross is alleged to have been committed, appeared for the state both at the preliminary examination held by the magis- trate and at the hearing of the habeas corpus proceedings in the district court. After the prisoner was discharged, the at- torney general presented his written application to the district court asking leave to file an information against Ross charging 26 Mont] State ex bel. Donovan v. Dist. Ct. 277 him with the crime of perjury. Such leave wa^ refused by the court, the judge thereof remarking that it was his opinion that before an information should be filed in the district court another preliminary examination should be had be- fore a committing magistrate. The attorney general there- uix)n, on Febniary 13, filed in this court his petition setting forth the history of the proceedings in the district and justice's courts of Silver Bow county, together with a transcript of the evidence submitted to the district court at the hearing on the aj)plication for the writ of Juibeas corpvs, and asked this crmrt to issue its writ of supervisorv^ control to the district court, with direction to it to vacate and set aside the order of dis- charge, and to permit the information to l)e filed: Without considering the question whether the extraordinary power of this court may be invoked in every case where the district court has acted erroneously in making an order of dis- charge upon habeas coi'ims, we are satisfied upon the showing before us that the-' district court committed no error in grant- ing the order discharging the prisoner. There was no evidence l)efore that court tending to show that the crime charged had actuallv been committed by Ross. The cause in which he is allied to have testified falsely was the cause of Bordeaux against Bordeaux, tried and disposed of in that cxmrt during the month of August of last year. The transcript of the evi- dence taken before the committing magistrate and submitted fo the district court does not show that his testimony was upon any material issue involved in the case of Bordeaux against Bjrdeaux. Indeed, there is no showing as to what the issues in that cause were. The transcript of the evidence shows dis- tinctly that the decree in the case of Bordeaux against Bor- deaux was offered in evidence in the preliminary examination before the committing magistrate, but it fails to set out the judgment roll, or any part thereof, and it does not appear that the judgment roll was admitted or considered by the commit- ting magistrate. The transcript of the proceedings discloses that one of Ross' attorneys made the following offer: "Xow, 37S Sta.tb sx xel. Donovaiq^ v. Dist* Ct« * [Dee. T»'01 I offer the entire judgment roll and decree in the district courts — not part of it, but all of it, — in case Na 7,763, being con- tained in four typewritten pagee, and indorsed upon tiie back, , the decree: Tiled September 28, 1901, Samuel M. Roberts, Clerk, by J. F. Davies, Deputy,' — being the original decree, signed by his honor Judge Clancy. Is there any objection to that?" To this the first assistant attorney general replied, **Xo ; let it go." If the foregoing statement of what occurred at the hearing stood alone, we might possibly infer from it that the whole of the judgment roll was admitted and consid- ered by the magistrate. In view of the fact, however, that the petition for the writ of habeas corpus addressed te the district court stated that the transcript contained the whole of the evi- dence heard by the magistrate^ and that the attorney general appeared in that proceeding, and did not controvert the allega- tion of the petition, thus admitting its truthfulness, we must conclude that auch evidence was not admitted nor considered by the committing magistrate. It therefore could not have been considered by the district court, as the matter was there presented. Hence the conclusion of the district court was cor- rect that the committing magistrate had no evidence before him tending to sht)w that the alleged false testimony given by Eoss in the case of Bordeaux against Bordeaux was material to any issue therein. Furthermore, if the attorney general, in making his request to the district court for leave to file an information, was doing so in order that lie might file it after commitment upon pre- liminary examination under Sections 1730-1732 of the Penal CikIc, then his request was unnecessary, as no permission of court is required in such case; and a i^tition for a writ of su- pervisory control would not lie to compel the court to give the prosecuting attorney leave to do what he could do without such leave^ If, however, the attorney general considered ' that the action of the district court in the hubeas corpus proceedings had finally disposed of the case under the commitment by the nia2:istrate, and desired to ask leave to file the information 26 Mont] In be Babksb's Estatb. 279 tinder the provisions of the sections dted, as if no commitment proceedings had been had, then his petition for a writ of super- visory control must be denied, for the reason that it lies within the sound discretion of the court to grant or refuse such leave to file the information when no statement is made to the court of the evidence upon which the state would rely for a convic- tion. Xothing herein shall be construed, however, to the effect that this court Ijolds that the writ of supervisory control is the proper remedy in case such a statement had been made to the court and it had refused leave to file the information. This question, not being before us,, is reserved. There is a suggestion in the petition of the attorney general that the district judge was moved by prejudice in making the order of discharge and in refusing leave to file the information, by reason of an alleged former connection with the case of Bordeaux against Bordeaux as counsel for the plaintiff. As the reasons stated dispose of this application, we have not deemed it necessary to consider the matter of prejudice. The application for the writ is denied, and the proceeding dismissed. Dismissed. In re BARKER'S ESTATE. (No. 1.745.) On Motion to Dismiss Appeals. (Submitted February 8, 1902. Decided February 24, 1902.) Executors and Administrators — Settlement of Accounts — Re- jection of Claims — Appeals — Appealable Orders. . 1. Code of Civil Procedure. Sec. 1724, declares that an appeal is taken from an order by flilns a notice stating the appeal from the same, or some spe- cific part thereof. In a proceeding to settle an estate, the court made an » S79 2» 446 280 In ee Backer's Estate. [Dec. T/01 order settling the administrator's accoant, and he appealed, complaining of that part of the order disallowing two certain items, and also a portion thereof directing him to deliver certain stock to a special administratrix. Reading a recital in the first paragraph of the notice of appeal, with eacti ^ of the other three paragraphs, which were numbered in consecutive order, there was a separate notice of appeal for each part complained of. Held not an appeal from the order as a whole, but separate and distinct appeals from the diflTerent parts thereof. 2. An order settling an administrator's account, disallowing two certain items, and directing him to deliver certain stock to a special administratrix, though Included in one paper, is in eflTect several distinct and separate orders, and, though embraced in one notice of appeal, will be so treated for the purposes of the appeal. 8. Under Code of Civil Procedure, Sec. 2793, providing that on the day ap- pointed any person interested in an estate may file exceptions to an ad- ministrator's account and contest it, the allowance of an individual claim of an administrator against the estate is not conclusive, but the parties Interested may contest it when his account is presented. 4. Code of Civil Procedure, Sec. 2608, providing that, where a claim against an estate is rejected, the holder must bring suit within a certain time or be barred, provides an .exclusive remedy, and an order disallowing the claim is not appealable; Code of Civil Procedure, Sec. 17z2, and Session Laws 3899, p. 146, enumerating appealable orders, not providing for such appeal. 6. Under Code of Civil Procedure, Sec. 1721, providing that "a party aggrieved may appeal," etc., a person, in his capacity as administrator, cannot appeal from an oraer disallowing his individual claim against the estate, and on such an appeal his individual rights will not be considered. 6. An appeal will not He from an order directing an administrator to turn over certain assets to his successor on resignation or removal. 7. Obiter. Upon the settlement of administrators' accounts the district court has no power to adjudicate and finally determine questions of title be- tween the estate and third parties. Appeal from District Court, Cascade County; J. B. Leslie, -Judge. Proceeding to settle the estate of Edwin J. Barker, de- ceased. Order settling the account of David L. S. Barker as administrator, disallowing certain objected items, and direct- ing the administrator to turn over the assets to Mareella Bar- ker, appointed special administratrix, and the administrator appeals. Dismissed. Mr. Fletcher Maddox and Mr. H. 0. Mclrdire, for Appel- lant. Mr. T. E. Brady and Mr. WUliorm O. Downinffj for Re- spondent 26 Mont] In be Barkeb^s Estate. 281 ME. CHIEF JUSTICE BRANTLY delivered the opinion of the court. Motion to dismiss appeals. On July 12, 1901, the appel- lant, David L. S. Barker, as administrator of the estate of Edwin J. Barker, deceased, filed an account of his adminis- tration covering the time from his appointment until that date, and asked that it be allowed. At that time there was pending a petition filed by Marcella S. Barker, the widow of the de- ceased, charging the administrator with mismanagement and fraud in connection with his trust, and asking that he be re- moved from his office. This petition had been pending for some tijne, and some evidence had been heard in support of the charges. Marcella S. Barker also filed written objections to certain items in the account, and asked that they be disal- low^ed. One of these- items was a charge of $500 for attorney's fees claimed .by the administrator to have been paid for ser- vices rendered in connection with the estate. Another was an individual claim of David L. S. Barker, the administrator, as creditor of the deceased, which had theretofore been presented to the judge, and had been indorsed "Allowed." The amount of this claim is $2,098.80. A hearing was had upon the ac- count and the petition for removal, upon evidence then and theretofore taken ; but before the motion was finally submitted, the petition for removal was withdrawn, and the administrator tendered to the court his resignation, in writing, asking the court to discharge him upon settlement of the account On August 1, 1901, the court made an order settling the account, after striking out some of the items objected to, including $250 of the first and the whole of the second, mentioned above. The order also directed the administrator to deliver to Marcella Barker, who was at the same time appointed special adminis- tratrix, all the property and assets in his hands belonging to the estate, and to file his receipts therefor for approval and final discharge. The order specifically mentioned 426,720 shares of the stock of the Big Seven Mining Company, which 28S Ik be Babkeb's Estate. [Dee. T.'Ol at the hearing the admini&trator had endeavored to show did not belong to ihe estate, but to Jane Barker, the mother of himself and deceased, and were in his hands aa her agent Be- fore striking out the item of $2,098.80, the court revoked the previous allowance of it as a claim against the estate. The administrator thereupon took his appeals to this court from the parts of the order disallowing the two items mentioned, and also that portion of it requiring him to deliver the mining ^tock to the spcxiial administratrix. Marcella Barker has filed her motion to dismiss the appeals from those portions of the -order disallowing the second item of $2,098.80, and directing the delivery of the stock, on the ground, among others which it is not necessary to notice^ that the orders are not appealable. 1. The appellant contends that he has appealed from the order as a whole, and that the motion cannot be entertained. The notice shows that the appellant, in taking the appeals^ proceeded upon the assumption that they are separate and disr tinct ; for if the recital in the first paragraph of it be read with, each of the three others, which are numbered in consecutive order, there is a separate and distinct notice for each appeaL Evidently coimsel for appellant had in mind, when giving the notice, Section 1724 of the Code of Civil Procedure, which contemplates the taking of appeals from a judgment or order, or a specific part thereof, and proceeded upon the theory that he could take the appeals as he did. The appeals may there- fore, upon this theory, be treated as separate and distinct, and the motion may be entertained as to the two at which it is directed. Furthermore, though the action taken by the dis- trict court at that time is all included in the same paper, sev- eral distinct and separate orders were made, and each of these, for the purposes of appeal, must be so treated, though all are included in the same notice. The portion of the order disallowing the David L. S. Barker individual claim of $2,098.80 is, in legal effect, a rejection of the claim against the estate in the first instance. It was within I the power of the court to reconsider its action in allowing the 26 Mont] In re Babk£R^s Estate. 283 claim upon presentatioti by Barker, and when this was done it stood in exactly the same condition as if it had been rejected in the first instance^ The allowance had the effect only of placing the claim among the acknowledged debts of the estate, to be paid in due course of administration. It was not con- clusive upon the heirs or others interested in the estate, but the right was still reserved to them, upon presentation of the ac- count, to contest and have it rejected. (Code of Civil Pro- cedure, Sec. 2793; In re MouilleraVs Estate, 14 Mont. 245, 3(> Pac, 185 ; I}i re Sidlenberger's Estate, 72 Cal. 549, 14 Pac. 513; In re Swams Estate, 67 Cal. 637, 8 Pac. 497; Weihe v. Siathanh 67 Cal. 84, 7 Pac 143.) The portion of the order which operated as a rejection of the claim was a separate and distinct act from the order allowing the acoount. The same may be said of that portion of the order directing the delivery of tlie stock to the special administratrix. It had nothing to do with the matters involved in the aoeount. 2. The order rejecting the claim of $2,098.80 is not appeal- able, for the reason that there is no provision in the statute permitting an appeal. (Code of Civil Procedure, Sec. 1722; Session Laws 1899, p. 146; Estate of James TiLohy, 23 Mont. 305, 58 Pac* 722.) In such case the claim must be enforced against the estate under the provisions of Section 2608 of the Cede of Civil Procedure. The remedy there provided is ex- clusive. There is another consideration which is also conclusive upon the appellant. An appeal is allowed in any case to those per- sons only who are aggrieved by the judgment or order com- plained of. (Code of Civil Procedure, Sec. 1721.) The rejec- tion of the claim of David L. S. Barker in his capacity as a creditor of the deceased in no way affected the rights of David L. S. Barker in his capacity as administrator. In each capac- ity he is a different person, and has distinct and separate rights. The appeal having been taken by him in his official capacity, his individual rights cannot be considered, because they are not before us, even though it be conceded that he had the right 284 In re Barker^s Estate. [Dec. T.'Ol of appeal in his individual capacity. (In re PhUlips' Estate, 18 Mont. 314, 45 Pac. 222.) 3. Nor does the statute permit an appeal from an order directing an administrator to turn over to his successor, upon resignation or removal, the property belonging to the estate^ or which has come into his hands as such. If the particular prop- erty belonged to the estate, or came into his hands because of his official position as administrator, it was entirely proper for the order to be made, and, as administrator, he was bound to obey it. If it did not belong to the estate, and was not held as such, the court had no power to compel him to part with it. U|X)n the settlement of accounts the court has no power to ad- judicate and finally determine questions of title between the estate and third persons. This can be done by action only, in which the parties may be accorded the right of trial in the ordinary way. If, therefore, David L. S. Barker held the stock by any other right than as administrator, the order cannot affect such right. It is simply void. If he obtained its cus- tody by virtue of his appointment as administrator, and not in his individual capacity, the order was proper, and should be obeted. In any event, no appeal lies from the order, and this court has no jurisdiction to entertain it. The two appeals at which the motion is directed are dis- missed. Dismissed, 2C Mont] Stanfoed V, Coram. 285 STANFORD, Respondent, v. CORAM, Appellant. (No. 1,373.) . 28 30 285 113 z6 32 285 23V» (Submitted November 15, 1001. Decided February 24, 1902. iJanks and B^jLulcing — Bills and Notes — Guaranty — Persons Bound — Construction — Validity — Compound Interest — Discharge of Guarantor — Payment by Principal Debtor — Change in Principal Debtor — Demand — Waiver. 1. Where, in an action on a contract whereby the record stockholders of a bank ^arantied the payment of notes, the ledger of the bank showed de- fendant's name as a stockholder, and it appeared that he and another executed the contract of guaranty on behalf of themselves and other stock- holders, the court wns Justified in finding that defendant was a record stockholder ; for the ledger itself was prima facie evidence of that fact, requiring defendant to rebut the same. 2. A contract guarantying the payment of notes, not calling for compound interest, which provides that the holder may renew the notes without the consent or knowledge of the guarantors, though contemplating that at the renew^al of the notes the accrued interest, if not paid, shall either become a part of the principal or an Independent obligation drawing interest, is not void as an antecedent agreement for the payment of compound interest. 3. Though an antecedent agreement to pay interest on interest to become due is void, parties may substitute a new note for an old one which Is due, and incorporate in the new one accrued interest remaining unpaid ; and hence a guarantor of a note and renewals will be required to pay interest on the accrued interest unpaid at the time of the renewal and made a part of its principal. 4. Civil Code, Sec. 2.')S7, providing that parties may contract in writing that unpaid interest shall become a part of the principal and draw interest, does not affect notes or agreements made before its adoption in 1805. 5. A party guarantying a note and renewals cannot be relieved of his obliga- tion to pay interest and attorney's fees, as provided by a renewal note, on the ground that his burden has been increased, when the evidence does not show that khe original note did not contain such provisions : for it will be presumed that the original and renewal notes contain the same provisions. 6. A company executed its note to a bank. Its creditor, and deposited a note from an individual debtor as collateral, who was also a debtor on a note to the bank. The company's note was a.ssigned to plaintiff under a guar- anty of payment by the stockholders of the bank. The collateral was not delivered to the plaintiff, and its existence was unknown to him. A stock- holder of the bank, while acting as agent of other stockholders and as cashier of plaintiff, received a payment from the individual debtor on the collateral note and on the note payable to the bank. The money so received was first applied on the note to the bank, and the remainder was endorsed on the collateral ; but no credit was made on the company's note assigned to plaintiff. Held, that plaintiff was not bound by the knowledge of its cashier, nor responsible for the misappropriation of the collateral note; he having no knowledge of its existence, except through the knowledge of his 286 Stakfobd v. Cobah, [Dec. T.'Ol cashier, which could not be imputed to him in a transaction in which the cashier was not acting as his agent, but antagonistic to him. 7. A finding that a demand has been made upon a guarantor to pay a note guarantied by him. tlMxigh not supported by plaintiff's evidence that the guarantor stated that suit would haye to be brought before he would pay, is harmless error ; for the evidence warrants a finding that the guarantor waived a aemand. 8. The law does not require a useless thing, hence, when one unqualifiedly refuses to perform his obligation he thereby waives the necessity of a de- mand before bringing suit. 9. A principal debtor executed his note to his creditor, a bank, and the latter assigned the same to plaintilf bank, under a guaranty by the stociE- holders of the payee to pay it. The note was thereafter renewed and made payable to the cashier of plaintiflP, and indorsed to plaintiff, and carried as bills receivable. The original note was secured by real estate and chattel mortgages. The renewal note was secured by a real estate mortgage exe- cuted to plaintiff's cashier. Plaintiff's records did not disclose the exist- ence of the mortgage. The cashier accepted as payment of the note a con- veyance to him of the mortgaged property, and canceled the note and de- livered it to the principal debtor. The cashier executed his own note to plaintiff for the amount of the debt, which note was credited against the debtor's note as payment, and was treated as an asset of plaintiff. The cashier informed plaintiff's vice president that he was going to take the debtor's property in payment of the note. The vice president knew of the cashier's note, though he claimed to have no knowledge of the mortgages securing the principal debtor's note. Plaintiff did not object to, nor repu- diate the cashier's acts. The original payee went out of business, and plaintiff's cashier had charge of the settlement of its affairs, but was not authorized to act in any capacity for its individual stockholders. Plaintiff did not offer to return to the cashier his note. No demand was made upon the debtor for the payment of the note after its surrender to him. Held, that the evidence showed that the debtor's note was paid and discharged by the conveyance of the real estate to plaintiff's cashier, and hence the guarantying stockholders were discharged from liability. 10. Under Civil Code, Sec. 3650, providing that a guarantor is exonerated, if by an act of the creditor without his consent the original obligation of the principal is altered, or the remedies or rights of the creditor against the principal are impaired, a guarantor of the payment of a note Is relieved from liability when the holder's cashier, with the holder's knowledge, ac- cepts as payment from the principal debtor a conveyance of land, and cancels the note, and himself executes a note to the holder for the amount of the debt of the princii>al debtor. Appeal from District Court, Cascade CounJty; J, B. Leslie, Judge, Action by James T. Stanford, as receiver of the Northwest- ern Xational Bank of Great Falls, Mont, against Joseph A. rorani and another. Judgment for plaintiff, and defendant Joseph A. Coram appeals. Affirmed in part and reversed in part. Messrs. Clayherg & Gunn, for Appellant. 26 Mont] Stanford v. Coram. 28T Mr. M. M. Lyier and Mr, A, C. Oormley, for Respondent MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court In the spring of 1894 the Globe National Bank, theretofore doing business at Kalispell, Mont., went into liquidation. At that time it held certain promissory notes, which, it seems, were not then due, viz. : One made by the Libby Townsite & Lumber Company for $9,006.02 ; one made by Oullette & Ther- riault^ copartners, for $3,742.82; and a third, made by one John Weitman and Kate Weitman, his wife, for $6,522.24. Wishing to obtain in cash the amounts called for by these notes,, the authorities of the bank, through their agent, B. D. Hatcher, who had charge of the business of the bank, assigned them to the Northwestern National Bank of Great Falls, Mont, which thereupon advanced the full amount of them in cash. To pro- tect the Northwestern National Bank against possible loss by reason of the accommodation thus extended to the directorsi and agents in charge of the affairs of the Globe National Bank, the defendants, for and on behalf of the persons whose names then appeared of record ad stockholders of the latter, executed and delivered to the former the following writing: ' "Whereas, the Globe National Bank of Kalispell, Montana^ and the Northwestern National Bank of Great Falls, Mon- tana, have arranged to consolidate and do business in the name of the Northwestern National Bank of Great Falls, Montana,, the Globe National Bank of Kalispell having decided to dis- incorporate; and "Whereas, the said Globe National Bank, through its agents, and directors, is desirous of transferring to said Northwestern National Bank certain of its assets consisting of notes and obligations owing it by the Libby Townsite & Lumber Com- pany, the Kalispell Water & Electric Company, John Weitman, and Oullette & Therriault*, each being separate obligations, and amounting in the aggr^ate to a sum exceeding twenty-two thousand dollars, and is desirous of having said Northwestern 288 Stanfokd v. Coram. [Dec. T.'Ol Xational Bank accept each and all of said notes and obligations at their face value, and credit the said Globe National Bank and its owners with same as so much cash ; and "Whereas, the officers and directors of the said Northwestern National Bank demand that said notes and obligations be fur- ther secured before thej' are willing to accept same under the conditions named: "Now, therefore, in consideration of the said Northwestern National Bank, through its officers and trustees, accepting said notes and obligations as so much cash, and at their face value, the persons whose names apjiear of record as the stockholders of the said Glor>e National Bank on June 24, 1894, do hereby, through their agents and attorneys in fact lawfully authorized so to do, guaranty the payment of each and all of said notes and obligations, and further expressly agree that said notes, or any one or more of them, may be renewed or extended at such times, under such conditions, and as often and for such time or times as the officers or agents of said Northwestern National Bank may deem proper or choose, and all without the further consent or knowledge of the guarantors or theii agents; or any of them ; and it is further expressly agreed that this guaranty shall extend to such renewals as long as any one of said obliga- tions, or any part thereof, remain unpaid. "This agreement is meant to be a full guaranty on the part of said stockholders of said Globe National Bank that the debts above specified will be i>aid in full, and the guarantors herein, through their agents or attorneys in fact, J. A. Coram and B. D. Hatcher, promise and agree that if said notes, or any of them, are not paid when payment thereof is demanded of the principals therein by the said Northwestern National Bank, then upon demand by said bank the guarantors herein will pay each and all of the same. "For the faithful performance of the conditions of this guaiv anty, said guarantors, through their said agents and attorneys «' <i Sa MoBt] Stanford v. Coram* 389 in fact^ bind themselvee severally and jointly, their heirs, ex* ecutors, administrator^ and assigns, firmly by these presents. ^Dttted this 37th day of June^ 1894. [Signed] "J. A. Coram, Agent and Attorney in Fact. *^B. D. Hatcher, Agent and Attorney in Pact." At the time the Globe National Bank went out of business, B. D. Hatcher, one of the defendants, was its cashier, and there- after acted as the agent of the directors and stockholders in settling up its aflFairs. While engaged in this business he was also employed as cashier of the Northwestern National Bank, and continued to act for it in this capacity until February 5, 1897, when it also closed its doors and went into the hands of a receiver. The plaintiff was appointed its receiver on May 5, 1897. Meantime the three promissory notes heretofore men- tioned had been renewed from time to time; in each instance the interest due and not paid being added to the principal, and the renewal note including both interest and principal All these renewal notes were made payable to the Northwestern National Bank, and contained a provision for reasonable attor- ney's fees. This action was brought against the defendants upon -the written guaranty quoted above, the complaint alleging previous demand upon both the makers and the defendants as guarantors^ Each of the notes is the basis of a separate eau&e of action. The defendant Hatcher suffered judgment by default. The defendant Coram appeared and filed his answer, in which vari- ous defenses are interposed, some of which apply to all of the demands^ while others apply to some particular one of them. Their nature will be apparent from a discussion of the conten- tions made by appellant The cause was tried by the court without a jury, and from the evidence adduced the court found all the issues in favor of the plaintiff, and caused to be entered a judgtnetit in his favor for the principal sums specified in the notes, with interest and cost«, including attorney's fees. From Vol XXVI- 19 290 Stanford v. Coram. [Dec. T.'Ol the judgment, and an order denying him a new trial, defendant Coram has prosecuted his appeals to this court. 1. One of the issues presented by the pleadings is whether the defendant was a record stockholder of the Globe National Bank on June 24, 1894. Contention is made that the evidence does not support a finding in favor of plaintiff on this issue. It appears that when the bank closed its doors, in the spring of 1894, Hatcher,, who had been its cashier from the time at which it began business in 1892, retained all its books of account and other records as agent of the directors and stockholders to wind up the business. In May of that year he became the cashier of the Northwestern Natiotnal Bank. He thereupon employed one Wininger, an attorn^ residing at Kalispell, to close up the business, and delivered to him the books and records. He re- tained them for some months, and sent them to Hatcher at Great Falls. They were found among the records of the North- western National Bank when plaintiff became its receiver. They were in the same condition at the trial as when they came into the possession of Wininger. Among them was the stock ledger^ all the -entries in which were in the handwriting of Hatcher. The list of stockholders in this book included the name of the defendant Coram. It is admitted in the pleadings that he was a stockholder, and Hatcher, who was examined as a witness^ testified that he and defendant Coram guarantied the payment of the notes mentioned in the complaint on behalf of them- selves and other record stockholders of the bank. These facts are amply sufficient to sustain the finding. When it was made to appear from the ledger, which was identified as the record of the bank, that the defendants name was in the list of stock- holders referred to in the contract of guaranty, the burden was cast upon him to rebut the prima facie, case thus made against him. This he did not attempt to do. Though he gave his deposition, which was read at the trial, he did not refer to the matter at all. 2. The contention is made that no recovery can be had upon the notes in this action, for the reason that they embody a 26 Mont] Stanpokd v. Cobam. 291 promise to pay compound interest, and are therefore void. It is also said that, even if they are not void, no recovery may be had upon them for any amount in excess of the principal sums named in the original notes payable to the Globe National Bank, with simple interest at the rate specified therein up to the date of judgment. This contention proceeds upon the theory that it is the rule in this state that contracts to pay compound' inter- est are void, as being against public policy and good conscience. The notes themselves, which are copied in the record, do not provide upon their face for the payment of compound interest ; nor does the evidence shoW that any of the renewal notes exe- cuted from time to time after the assignment of the original notes contained any stipulation on this subject They are, therefore, not obnoxious to the objection urged against them. Coram agreed that, if the Northwestern National Bank would accept the original notes as cash, he would upon demand pay them, in case they were not paid upon demand upon the makers. He also agreed that they might be renewed "at such times, un- der such conditions, and for such time or times as the officers or agents of the said Northwestern National Bank might deem proper, and all without further consent or knowledge of the guarantors," etc. This stipulation in the contract contemplated conditions under which the makers might obtain such accommo- dations from the assignee as they might have obtained from it, had it been named as payee in the first instance. Under these circumstances it was fairly within the contemplation of the parties that at each renewal the interest should be paid, and the note renewed for the amount of the principal, or that the interest should, when due and the parties should so agree, be converted into principal and be incorporated in the new note. Otherwise, the only purpose to be served by the stipulation for renewal would seem to be to avoid the bar of the statute of limi- tations in case the notee were not paid within the prescribed limit. If the purpose of this stipulation was to substitute the Xorthwestern National Bank in place of the Globe Na- tional Bank as payee — ^which we think was the case — 292 Stanford v. Coram- [Dec- T/01 then we are to understand that the parties to the con- tract intended that the Northwestern National Bank, as between itself and the makers^ should treat the loans as if made by itself in the first instance. The contract of guaranty does not upon its face specifically provide for the payment of compound in- terest by way of an antecedent agreement The question, there- fore, for decision, arises upon the second branch of the conten- tion, and is : After interest is due, may it lawfully be treated as a debt, and be converted into interest-bearing principal, either in the form of a separate obligation or by addition to the original principal? In either ease the result is the same; for if the interest due may not lawfully be added to the principal, and the whole be incorporated in the new obligation, then it would be equally unlawful to convert it into a separate interest- bearing obligation. The defendant insists that either is unlaw- ful under the rule declared in the decisions in this state, and cites Wilson v. Davis, 1 Mont 183 ; Curtis v. Vdliton, 3 Mont 153, and Palmer v. Murray, 8 Mont 174, 19 Pac 553. In Wilson V. Davis the territorial supreme court had under con- sideration a promissory note which provided on its face for the payment of compound interest, and it was held that, though the contract was not void, yet the stipulation in advance for the payment of compound interest would not be enforced. This is an authority, therefore, for the position that neither in equity nor at law will an antecedent agreement to pay interest on in- terest to fall due in tlie future be enforced ; but it is not held therein that it is against public policy for the parties to substi- tute a new obligation for the old one when it has fallen due, and incorporate in the new one by an agreement then made any unpaid interest, or to convert such interest into a separate in- terest-bearing obligation. The case of Curtis V. Valiton is founded upon Wilson v. Davis, but seems to go further and declare generally that an agreement to pay interest on interest will not be enforced in any case, no matter whether the agree- ment be an antecedent one or not. A careful examination of it, however, shows that the territorial supreme court was of the 26 Mont.3 Stanford v. Cokam. 293 opinion that the question involved in the case was the same as the one decided in Wilson v. Davis, and th^t it was concluded by the decision in the earlier ease; for in Curtis v. Vaitton the court proceeded upon the theory that the oral agreement for the payment of oorapoiind interest, being made at the time the original obligations were executed, was void, because it fell within the rule declared in WHson v. Davis. The question pre- sented here seems not to have been the subject of serious con- sideration. The case is therefore to be distinguished from the present case, and is not an authority in point Both these cases are authority for the proposition that a contract for the payment of compound interest is not void in toto, but will be enforced to the extent of requiring payment of the principal and simple interest at the l^al or stipulated rate. The case of Palmer v. Muj-ray was an action for conversion. Upon a trial the jury rendered a verdict for the value of the property involved at the time of the conversion, with interest to the date of the judg- ment. Judgment was thereupon entered for the full amount of recovery, with interest. Inasmuch as the judgment itself would thereafter bear 10 per cent, interest, this court upon ap- ])eal held that the judgment was erroneous, in that it provided for compound interest, and struck out that ix)rtion of the ver- dict made up of interest on the original value of the property. On a rehearing (8 Mont. 312, 21 Pac 126), while adhering to the former ruling that the interest allowe<l by the jury should be stricken out, the court expressly overruled its former decision in so far as it held that the interest properly recoverable in any case could not be capitalized in the judgment. Since the de- cision in that case it has been the invariable rule in this state that, whenever interest is properly recoverable in any action, it may be capitalized in the judgment, so as to draw interest from the date of the judgment. The foregoing cases show the condition of tlie law in the ter- ritory and state until the adoption of the Code of 1895, which overt^ims the rule established by these cases by a specific pro- vision that parties may contract in writing for the payment of 294 Stanford v. Coram. [Dec T/01 compound interest. (Civil Code, Sec* 2587.) Previous to 1895 there was no provision in the statutes upon the subject of usury, and parties were at liberty to fix the rate of interest by convention. If no rate was thus fixed, the statute fixed it for all cases in which interest was recoverable. Since the contract under consideration was made prior to the adoption of the Code of 1895, the provision cited is not applicable, and its validity must be governed by the principles which we find recognized and applied in the decisions of other states. There is nothing in such a contract inherently wrong, or in violation of any principle of public policy or good conscience. When interest falls due, it becomes a debt, just as the principal is a debt The debtor may pay the vhole debt, or, if he choose and his creditor is willing to grant it, obtain forbearance. In this case the trans- action is equivalent to a new loan, whether the interest be capi- talized in a new obligation for the whole amount or a separate obligation be given for the interest. If a separate obligation be given for it, embodying a provision for interest, the forbearance obtained is a good consideration for such interest, just as an agreement to pay interest upon any other character of indebted- ness is supported by an agreement on the part of the creditor to forbear. So, if the interest be capitalized with the original principal, the result is exactly the same. The transaction is so cleary lawful, in the absence of a statutory prohibition, that it scarcely admits of disucssion. It is supported by the over- whelming weight of authority. (Porter v. Price, 80 Fed. 655, 2() C. C. A. 70; Eslava v. Lepretre, 21 Ala. 530, 56 Am. Dec. 260; Camp v. Bates, 11 Conn. 487; Meeker v. Hill, 23 Conn. 577 ; EUard v. Mort(/(u/e Co., 97 Ca. 329, 22 S. E. 893 ; Thcuyer v. Mining Co., 105 111. 540; Niles v. Coinmissioners, 8 Blackf. 158 ; Otis V. Lindsey, 10 Me. 315 ; Wilcox v. Rowland, 23 Pick 167; llorjle v. Paxje, 41 Mich. 533, 2 K W. 665; Mason v. Callcndcv, 2 Minn. 350 (Gil. 302), 72 Am. Dec. 102 \Pevhins v. Coleman, 51 Miss. 298; Youn^ v. HUl, 67 K Y. 162, 23 26 Mont] Stanfobd v. Cobah. ^ 295 Am. Kep. 99.) From neither point of view, therefore^ can the contention of the defendant be sustained. 3. Defendant insists that he is not liable to pay the notes in suit, for the reason that, by the incorporation of the interest in them and the provision therein for attorney's fees, a change has been effected in them without his consent, thereby increas- ing the extent of his burden un4er his contract beyond what is fairly contemplated by its terms. As we have already seen, however, it was contemplated by the parties that the notes should be renewed upon such terms and conditions as could be mutually agreed upon by the makers and the assignee. The terms of the renewals were both lawful and reasonabla Fur- thermore, the evidence does not tend to show that the original notes did not contain a provision for attorney's fees. In the absence of such evidence, the presumption must be indulged that they did, even^ though we concede the position of counsel that the guaranty did not contemplate the addition of such a condition to the new notes. The court could not presume that the bank exacted conditions from the makers which were not authorized by the guaranty. There is no merit in the conten- tion. 4. The note of the libby Townsite & Lumber Company grew out of the following transaction : In 1893 one Mumbrue obtained a contract from the United States to survey certain public lands in the vicinity of Libby, Flathead county. It was agreed between him and the company, through one Leonard, its secretary, that the company would furnish funds to pay the expenses of the survey, and that Mumbrue would reimburse lie company out of the funds paid him by the United States upon completion of the contract The company was also to share in the profits, if any, made under the contract Leonard then arranged with the Globe National Bank for a loan of funds to the company from time to time as they were needed. This arrangement was carried out until the indebtedness of the com- pany to the bank on this account amounted to something over $2,000. The bank authorities, not desiring to furnish any 996 STAifFOBD V. CoBAH. [Peo. T.'Ol more funds to the company, thereupon arranged widi Mumbrue to furnish directly to him such asaistanoe as he required; he agreeing to secure the bank by turning over to it his claim against the United States. Thereupon the company executed ita note to the bank fot the fimds already advanced upon the contract, and included therein other indebtedness due from the company, making the amount of the note, which, after renewal from time to time, was assigned to the Northwestern National Bank. At the same time Mumbrue executed his note to the company for the amount of the advancements made to him under the first arrangement This note was assigned to the bank by the company as collateral to secure its own note. When the assignment of the latter was made to the Northwestern Na- tional Bank, the collateral was retained by Hatcher, as agent of the directors and stockholders of the Globe National Bank, and its existence was not actually known to the officers of the Northwestern National Bank. In the latter part of 1894, Hatcher then being the cashier of the Northwestern National Bank, and still acting as the agent of the stockholders of the Globe National Bank, received from Mumbrue a draft for $8,200. This he applied, first, to the payment of the debt due from Mumbrue for advancements, and then to this note, as- signed by the Libby Townsite & Lumber Company as collateral security. No credit for the amount of the Mumbrue note was made upon the note of the company, but all the funds derived from Mumbrue's payments went into the assets of the Globe National Bank and were used in liquidating its other indebted- ness. It is argued by counsel that as Hatcher was the cashier of the Northwestern National Bank at the time the contract of guaranty was made, and had knowledge of the existence of the collateral security, as well as of the subsequent payment of it by Mumbrue, this knowledge should be imputed to the bank, his principal, and that it should be held responsible for the misappropriation of the collateral, resulting in detriment to tie defendant. For this reason, the defendant insists^ a credit for the amount of the Mumbrue note must be allowed him on the S6 Mont] St\nii^bi> v. Coram. 997 note of the corporation as of the date of the misappropriation by Hatcher. Counsel relies upon the general rule that notice to the agent is notice to his principal of all matters connected with the busi^ ness of the principal which fall within the scope of the agent's authority. Without pausing to inquire whether the general rule should be extended to cases where the knowledge of the agent has been «;cquired prior to his employment, but reserving this question, we think that, under well-established principles of the law of agency, the knowledge possessed by Hatcher should not be imputed to the bank. The presumption that the agent has imparted his knowledge to his principal does not pre- vail where the agent is acting in his own or another's interest, and adversely lO that of his principal, particularly when the agent is acting, not as agent, but openly and avowedly for him- self. In such case, by reason of his antagonistic attitude to- ward the interests of bis principal, the presumption does not arise that he has communicated his knowledge to his principal, but that, on the contrary, he has refrained from so doing from motives of self-interest. (Mechem on Agency, Sec. 723 ; 1 Am. & Eng. Enc Law (2d Ed,), 1145 ; Frenkel v. Hudson, 82 Ala. 158, 2 South. 758, 60 Am. Rep. 736 ; Wickercham v. Zinc Co., 18 Kan. 481, 26 Am. Eep. 784; Allen v. Railroad Co., 150 Mass. 200, 22 X. E. 917, 5 L. R. A. 716, 15 Am. St. Rep. 185; ImierarUy v. Bank, 139 Mass. 332, 1 N. E. 282, 52 Am. Rep. 710 ; In re PlanJcinton Bank, 87 Wis. 378, 58 X. W. 784 ;: Hiiknmn v. Green, 123 Mo, 165, 22 S. W. 455, 27 S. W. 440, 29 L. R A, 39; Third Nation^ Bank v. Harrison (C. C), 10 Fed, 243.) The facts detailed above show that Hatcher in making die contract was acting for himself and the other record stock* holders of the Globe National Bank, and adversely to the North- Western National Bank. When he went into the employment of the latter, the affairs of the other bank and its stockholders were move private matters, about which his employer was not in any way interested ; and, when he came to deal with his em- 398 Stanfobd v. Cobam. [Dec T/01 ployer, he was for the time being acting, not as its alter ego, but as a third party, and it could not then, or afterwards, so long as he was acting in the same capacity, be affected by any knowledge possessed by him. The subsequent misappropria- tion of the money he obtained from Mumbrue was but a part of the original transaction, in which, for whatever reason, he retained the security, intending, no doubt, to appropriate the proceeds of it as he actually did. Whatever may have been his intention, the bank, his principal, cannot be held to have had constructive notice of the existence of the security, nor be held for its misappropriation. 5. It is said that the trial court erred in finding that de- mand was made upon appellant for the payment of the Libby Townsite & Lumber Company and the OuUette & Therriault notes before this action was brought, for that there was no evi- dence tending to support such a finding. The plaintiff was examined as a witness, and, among other things, testified: "I am acquainted with Joseph A. Coram, the defendant in liis case. I met him over in Butte, Mont., along in the month of May, 1897, ami had a conversation with him at that time re- lating to these notes. ' As to paying them, or any part of them, he said that suit would have to be brought^ so that he could col- lect from the stockholders of the Globe National Bank, — the other stockholders. 1 don't remember his exact language, but he said suit would have to be brought before he would pay them, — words to that effect." The defendant also testified, but failed to admit or deny the statement of plaintiff. This evi- dence was sufficient to warrant a finding that demand was waived, and that any demand short of suit would be of no dvaiL The purpose of demand in such cases is to enable the party upon whom, under the terms of the contract^ it must be made, to discharge his liability without a suit. When he unqualifiedly refuses to perform his obligation, a demand is useless, and therefore unnecessary. The law does not require a useless thing. (9 Am. & Eng. Enc. Law (2d Ed.), 209 ; Bermett Bros. Co. V. Fitchett, 24 Mont. 457, 62 Pac. 780.) While the trial 26 Mont] Stanford v. Coram. 299 court should have found, according to the facts, that demand was waived, the defendant has no just cause to complain of the finding as mado. 6. The next contention made by appellant is that the dis- trict court erred in finding in favor of plaintiff upon the issues made upon the j^ayment of the Weitman note, which is the basis of the third cause of action. On March 8, 1895, the original Weitman note was renewed ; the new note l>eing made payable to ''Benton D. Hatcher'* 12 months after date, and negotiable and payable at the North- western National Bank. It was thereupon indorsed in blank by Hatcher, and thereafter carried upon the account of bills receivable by the bank. The original note was secured by real and chattel mortgages. Upon the renewal of it on March 8, 1895, a new mortgage upon three lots in Kalispell was executed to Hatcher by Weitman and wife. The records of the bank did not at any time disclose the existence of this mortgage, nor, apart from the note itself, that it was payable to Hatcher. During all of this time, and, in f act^ up to the time the bank closed its doors. Hatcher had general control of the affairs of the bank, and the books were kept under his direction. So the matter stood until January 7, 1896, when Hatcher agreed with Weitman that, if the mortgaged property should be conveyed to himself by Weitman and w^f e, he would accept it as pay- ment of the note. The conveyance was made to "B. D. Hatcher, agent,'' and the note was accordingly canceled and delivered to Weitman. On August 13, 1896, Hatcher executed to the bank his note for the full amount of the Weitman note, signing it "B. I). Hatcher, Agent." This note does not on its face show upon w^hose behalf it was executed. The books of the bank show that it was credited against the Weitman note and interest as payment thereof, and from its date it was treated, and still is treated, as an asset of the bank. The uncontradicted state- ment of Hatcher is to the effect that at the time of the transac- tion with Weitman he told the plaintiff, who was vice president of the bank, that he was going to take the property from Weit- 300 Stanford v. Cobam. . [Dee. T/01 man in payment of the note a& the best thing to do. The vice president knew of the "Hatcher, Agent," note from the time of its appearance among the assets of the bank in August, 1896, though he testified that he had no personal knowledge of the mortgages securing the Weitman note at the time it was as- signed to his bank. There is no word of testimony that Hatch- er's course in the matter was objected to, and it affirmatively appears that it was never at any time repudiated by the bank authorities. During his connection with the Northwestern National Bank, Hatcher appears to have acted as agent in several capacities, and made use of several different signatures. When acting for the bank, he used the signature, "B. D. Hatcher, Cashier." AVlien acting for the stockholders of the Globe National Bank, he signed, "B. D. Hatcher, Agent." When acting in other capacities he signed, "B. D. Hatcher," or "Benton D. Hatcher." , During his negotiations looking to a settlement of the Weit- man note, considerable correspondence was had between him and Weitman and Wininger, his agent at Kalispell, and in each instance, save two, he signed his letters, "B. D. Hatcher, Cash- ier." In one of these instances he signed, "Hatcher^" and in the other, "B. D. Hatcher." For his services in this and other matters connected wuth the business of liquidation, Wininger was paid by Hatcher out of the assets of the Globe National Bank, though Wininger understood that in the transaction he was acting for Hatcher as cashier. After the execution of the Avritten guaranty by Coram, he was absent from Montana, re- siding at Tx)well, Mass. Further than that Hatcher had charge generally of the settlement of the affairs of the Globe National Bank, he was never expressly authorized to act for Coram in any capacity whatever. When the Northwestern National Bank closed its doors, Hatcher being under arrest. Coram hastened to Montana, took over all the assets of the Globe National Bank, and paid Wininger a balance due him for services to Hatcher in connection with his previous employment, but took no con- veyance of the Weitman lots. Thereafter he acted for the 86 Hont.] Stanford ti. Coram« 801 stockholders. On February 6, 1897, Hatcher wrote Wininger, stating that the Weitman property, standing in his name as agent, should be deeded to the Northwestern National Bank. After the national bank examiner took charge on February 7, Hatcher offered to deed the property to the bank ; but his offer was not accepted. At no time did the bank, or the receiver afterwards, return to Hatcher his note of August 13, 1896. Except the knowledge they may be presumed to have obtained from the conditioit of the books and the information possessed by the vice president, the other officers and the board of directors of the Xorthwestem National Bank were not informed of the Weitman transaction. Hatcher stated that, at the time he acted, he did the best he could for all parties, without reference to which of his principals would be responsible. No demand was ever made upon Weitman for the payment of his note after its surrender to him. Some time before the trial of this cause one of the directors of the Northwestern National Bank bor- rowed it from him, assuring him that no use would be made of it against him. This director handed it to the receiver, and it was introduced in evidence at the trial. The trial court found upon these facts that, in taking the deed from Weiteaan and canoeing his note. Hatcher acted without the scope of his authority as cashier, and that he acted for and on behalf of Coram and the other stockholders of the Globe National Bank. Hence the conclusion that the transac- tion did not amount to a payment of the note, so as to discharge Coram from his guaranty. Do the facts properly warrant this inference ? It must not be overlooked that the defendant sus- tained two distinct relations to the affairs of the Globe National Bank. He was one of its record stockholders. As such he was interested in the settlement of its affairs. He, with others who sustained a like relation to it, was bound bv the contract of guaranty individually to pay the debts in controversy upon the happening of the contingencies stated therein. His liabilities growing out of the former relation were imposed by law by virtue of his connection with the bank, and existed in favor 302 Stanford v. Cobam. [Dec. T.'Ol of the creditors of the bank only. Under his contract his obli- gation was to the Xorthwestem National Bank, and was per^ sonal and voluntary. Hatcher, having charge of the affairs of the Globe National Bank, was the af^nt of the corporation, and also Coram's agent, for all purposes connected with the trust between him and the creditors of the bank, with all authority necessarily imp'ied by that employment. No authority thus conferred upon him, however, enabled him to act as the agent of the defendant in any of his relations as debtor of the North- western National Bank. If he had swch authority, it must have iteen specially given, or must be implied from his and Hatcher's joint and several liability on the contract, or from their conduct with -reference to the matters growing out of the contract. There is nothing in the facta stated tending to show that he had such express authority. Nor does the fact that he and Hatcher were jointly and severally liable with the other stockholders on the contract of guaranty imply an authority in Hatcher to act as agent for him, so as fo'hold him for anything done affect- ing his personal liability under the contract. Hatcher, by vir- tue of his relation, could not in any way change the conditions of the contract, or enlai^ Coram's liability thereunder, without his consent, Nor does the evidence tend to show that Coram, by any thing he did, impliedly authorized Hatcher to do othei^ wise in the premises than any other of the joint and several guarantors could have done. So it appears that Hatcher did not, in his dealings with the Weitman note and the mortgage security, represent Coram in any capacity whatever. It is apparent, also, that no authority, obtained directly or impliedly from the stockholders, empow- ered him to direct the mode by which paym«it of the note could ade. The control of the note had passed from signment to the Northwestern National Bank, o authority to interfere with it His action in' IS either a gratuitous intermeddling on his indi- or must be deemed to have been authorized by for the fact that he occupied the position of 26 Mont.] Stanford v. Cobam. 30^ cashier, he would have had no access to the securities belonging to the bank, and could have done nothing. When we come to examine his relations to the bank, we find that he practi^'ally controlled its affairs. It is somewhat significant that, upon a renewal of the particular note in March, 1895, he had it made payable to himself and then indorsed it to the bank. He at that time undoubtedly acted for the bank. Mr. Stanford, the vice president, stated that it was customary, when the bank took real estate security for loans, to have the notes and mortgages pay- able to some ofiicer of the bank, and thus to evade the instruc- tions of the comptroller of the currency prohibiting loans upon real estate security. This last statement makes clear the sig- nificance of Hatcher's behavior at that time, and in the light of the other facts surrounding the transactions connected with the subsequent dealings of Hatcher, — ^the length of time covered by them, his apparent exclusive control of the business, the con- dition of the books, etc., — ^the only legitimate inference to be drawn from them is that the bank authorities must have known of them, and, at least tacitly, approved them. In any event, they must be presumed to have known of them, and be held to the legitimate . consequences- of such knowledge. It make© no difference, therefore,, whether Hatcher acted by consent of the bank authorities in the first instance, or without such consent and beyond the scope of his authority as cashier. His action in the premises must be held to have been that of the bank. The Weitman note must,, therefore, so far as Weitman is concerned, be held to have been paid off and discharged. It necessarily follows, also, that Co- ram's liability under his contract was discharged. (14 Am. & Eng. Enc. Law (2d Ed.), 1162.) There is no force, then, in the argument of the plaintiff that the debt of Weitman has not actually been paid in money. True, as the plaintiff contends,. Hatcher was not, by virtue of the fact that he was cashier,, authorized to take land in payment of a debt due the bank; but he in fact did so under circumstances which implied the consent and approval of the directors of the corporation, thus- 304 Stanford v. C5oram» IDeG^ T/01 constituting himself a trustee of the legal title thereto for its benefit Under all the circumstances) it' is of no moment that he had the conveyance made to him as "agent," instead of "cashier." Upon the facts stated, we think the defendant not liable upon the third cause of action for another reason. Conceding that the note has not been paid as was contemplated by the contract, the original note has been canceled and delivered up as paid. Weitman cannot now be held liable thereon. The debt guar- antied by Coram has been substituted by another and a differ- ent one, due from a different person, namely. Hatcher. If Coram should be held to pay, his only recourse would be against Hatcher, — a contingency not contemplated by his undertaking. The bank, in dealing with the original debtor through Hatcher, has permitted a material change in the situation of the debt guarantied, by bubstituting another as the principal debtor. It has also put the security, which otherwise might have been available to the guarantor, beyond his reach. Under the prin- ciples of law applicable, Coram is entitled to claim his release. (Civil Code, Sec. 3650.) We find no error in the action of the district court upon the first and second causes of action. As to these the judgment and order are affirmed. The defendant is entitled to a new trial upon the third cause of action. As to this, therefore, the judg- ment and order are reversed, and the cause is remanded, with directions to grant a new trial. Defendant may recover his costs. Mr. eTusTicE MiLBUKN, not having participated in the con- sultations had upon this cause, takes no part in this decision. 26 Mont] State v. Dotson. 305 STATE, Respondent, v. DOTSON, Appellant. (No. 1,786.) S 6581 (Submitted January 21, 1902. Decided February 24, 1902.) 3. 4. Criminal Law — Murder — PrvncipaXs — Accessories — Evir dence — Admissibility — Testiw/yny of Defendarvt — Weight — Instructions — Statutory Construction. Where a witness in a homicide case, who is Impeachable as an accomplice, details certain Incriminating statements made by the defendant before the commission of the crime, and states that he repeated the conversations to others, his testimony as to when he did so is relevant and admissible on behalf of the state as Introductory of evidence which may be adduced to show whether the witness was an accomplice. Where evidence objected to as irrelevant is held on appeal to be relevant for a certain purpose, it Is unnecessary to determine its relevancy for other purposes. The distinction recognized by the common law between principals and ac- cessories before the fact is, by Penal Code, Sec. 41, abolished in Montana. Evidence reviewed and held sufficient to establish the fact that defendant — though not in person present when deceased was murdered — advised and encouraged the commission of the murder, and hence sufficient to render the defendant a principal under Penal Code, Sec. 41. Elvldence of the act or declaration of a conspirator whicn relates to the conspiracy may, after proof of the conspiracy, be given against his co- conspirator. An instruction requested by defendant, that, to warrant a verdict on a criminal charge on circumstantial evidence alone, the circumstances must be such as \o produce "nearly" the same degree of certainty as that which arises from direct testimony, and sufficient to exclude all reasonable doubt of guilt, Is bad, in being qualified by the word "nearly," and is properly refused. A refusal of requested instructions presenting correct propositions of law is not erroneous, when the substance thereof Is embraced In the general charge. Section 2442 of the Penal Code provides that the Jury In Judging of the defendant's credibility and the weight to be given to his testimony may take into consideration the fact that he is the defendant, and the nature and enormity of the crime of which he is accused. Held, that an instruc- tion giving Section 2442, but which uses the word "must" in place of the statutory word "may," is not erroneous, even though Section* 2442 of the Penal Code of 1896 changed the word "shall" of the theretofore existing 6. 8. 9. law to "may." A mere change in the words of a revision will not be deemed a change in the law unless It manifestly appears that such, was the intention of the legislature. Appeal from, District Court, Powell County; J. M. Clements, Judge. Vol. XXVI-20 306 State v. Dotson. [Dec T.'Ol Clinton Dotson was convicted of murder of the first degree, and he appeals. AiErmed. Mr. Joseph C, Smith and Mr. C. J. Walsh, for Appellant. Mr. James Donovan, Attorney General,*ioT the State. MR. JUSTICE PIGOTT delivered the opinion of the court Clinton Dotson was convicted of the deliberate murder of one Oliver Dotion and was condemned to death. He has ap- pealed from the judgment and the order denying his motion for a new trial. The evidence tended to prove the following facts : In Octo- ber, 1899, the defendant, one Benson, and one Persinger were adjudged guilty of the murder of one CuUinane, the defendant being sentenced to imprisonment for ninety-nine years, and Benson and Persinger to shorter terms. The three men were then taken to the state prison at Deer Lodga Oliver Dotson was the defendant's father and Benson's grandfather; the de- fendant is Benson's uncle. While in the state prison the de- fendant became intimate with one McArthur, otherwise known as Fleming, and occasionally calling himself Murphy or Mur- ray, a convict whose term expired on December 30, 1900. In the early part of September, 1900, the defendant told Per- singer that he had hired McArthur to murder Oliver Dotson ; that he had pn^mised to pay McArthur $7,600 for oonmiitting the crime, and that he had the money buried in Wyoming ; that when McArthur got out of prison he would kill Oliver Dotson in such a way as to make it seem a case of suicide, leaving on the body a confession that Oliver Dotson and his son-in-law (a man named Cachline) had killed CuUinane and exonerating the defendant, Benson and Persinger ; and that the three would then be released because of the confession. This conversation Persinger, on December 31, 1900, on January 12, and on Feb- ruary 21, 1901, repeated to other persons. Soon after the de- fendant and Benson were taken to the state prison for the mur- 26 Mont] State v. Dotson. 807 der of CuUinaxie, the defendant told Benson that they would get out in a year or two and that Benson must remain quiet. On Christmas day, 1900, five days before McArthur was dis- charged, the defendant told Benson to deny the truth of a con- fession made by Benson at the trial for the murder of CuUi- nane and to sav that he had been forced to make it On the t/ same day McAivhur informed another convict that wdthin three months after his release he wotild get the defendant out of prison. At the time McArthur was released, the defendant assured Benson that they would be out of prison in two or three months thereafter, but did not inform him how McArthur would accomplish that result. McArthur was discharged on the evening of December 30, 1900. He immediately sought Oliver Dotson, who lived alone in a cabin in Washington Gulch, an unfrequented and isolated region of Powell county. The next day but one after his discharge he was found at the cabin with Dotson. On the 15th day of February, McArthur mur- dered him and attempted to arrange the body so as to produce the impression that the decedent had committed suicide. He wrote and left near the body a confession purporting to be signed by Oliver Dotson, to the effect that Oliver Dotson and Cachline had murdered CuUinane, and that defendant and Ben- son and Persinger were innocent of that crime; that he was tired of living and was aboiit to kill himself, and hoped the de- fendant would forgive the wrong done to him by his father. McArthur also wrote and placed near the body the pretended will of Oliver Dotson, giving to the defendant whom he had 'Svronged and put in prison" his property, except five dollars to each of his other six children. On February 16, 1901, the defendant received a letter from McArthur w^hich he destroyed. Between the 16th and the 20th of that month the defendant in- formed Persinffer that he had received a letter from McArthur *'and that everj'thing was working just as he expected.'' On February 20 the body of Oliver Dotson was found. Some time after February 20 one of the contractors of the prison induced the defendant Lo tell him where McArthur was, and McArlliiir 308 State v. Dotson. [Dec T/01 Avas apprehended at the place mentioned by the defendant. On February 24 the defendant told Persinger that they would be out in a short time, that McArthur "has done it just as I ex- pected him to do it ; I have sacrificed the life of my own father to get you fellows out of here and myself too, and if you give me away I will turn state's evidence ; I have not done anything to turn state's evidence on/' During the trial of the defendant, McArthur asked him to make a confession, which the defendant promised he would do, but on the next day he informed the officer in whose custody he was that upon the advice of his counsel he refused to say anything about the matter until after the trial. About April 1 the defeaidant told Persinger that he had remarked to Benson that what McArthur had done showed McArthur to be a true friend. 1. The witness Persinger, after stating the conversation be- tween himself and the defendant in which the latter said that he had hired McArthur to murder Oliver Dotson and that Me- Arthur would do so upon his release from prison, testified, with- out objection, that he had told others about the conversation, lie was then asked to state when he repeated the conversation, to which question the defendant objected as irrelevant and im- material. The objection having been overruled, the witness answered that he told of the conversation on December 31, 1900, on January 12, and on February 21, 1901. This action of the court was excepted to and is specified as the first error. Counsel suggests, rather than argues, that the evidence was irrelevant When offered the testimony was admissible as in- troductory to evidence that might thereafter be adduced upon the question whether Persinger was a conspirator with, and hence an accomplice of, the defendant and McArthur in the murder of Oliver Dotson. It was therefore deemed to be rele- vant. Since this reason is sufficient to sustain the ruling of the court, we need not inquire whether upon other grounds the testimony w^as lelevant evidence. 2. The distinction recognized by the common law between principals and accessories before the fact is abolished in this 26 Mont.] State v. Dotson. 309 state, and all persons concerned in the commission of a crime, whether they directly commit the' act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, are principals. (Penal Code, See. 41.) The defendant was not physically present when Oliver Dotson was murdered by McArthur, and his coun- sel argue that the evidence was insufficient to justify the ver- dict. That the evidence was ample to prove tlie guilt of Mc- Arthur is not controverted. With his own hands he deliber- atelv murdered the decedent. The contention is that there was not enough evidence to prove the existence of a conspiracy be- tween the defendant and McArthur to commit the crime. But we are of the opinion that the evidence was sufficient to estab- lish the fact that the defendant advised and encouraged Mc- Arthur to murder Oliver Dotson. The jurors were the exclu- sive judges of the credibility of the witnesses and of the weight to be given to the evidence. 3. To the introduction in evidence of declarations made by ^IcArthur in January, 1901, that he was going to Washington Gulch "on a matter of business to do a job there for friends that are going to stake me and it is a matter of secrecy between me and them," and that he intended to kill Oliver Dotson and thereby bring about the release of the defendant, objection on the ground of incompetency, immateriality^ and he^irsay, was interposed and overruled. The learned judge who so ably and fairly tried the cause did not err. Suffice it to say that these declarations tended to show McArthur's intention to accom- j)lish the purposes of the conspiracy then in existence between the defendant and himself, and to prove his guilt of the murder subsequently done. Evidencxi of the act or declaration of a conspirator whioh relates to the conspiracy may, after proof of the conspiracy, be given against his co-conspirator. (Code of Civil Procedure, Sec. 3146, Subdivision G ; Penal Code, Sec. 2078; State v. Byers, 16 Mont. 565, 41 Pac. 708; Harrington V. B. & B. M. Co., 19 Mont 411, 48 Pac. 758 ; Pin^us v. Rey- nolds, 19 Mont. 564, 49 Pac. 145.) 310 State v. Dotson. [Dec. T/01 4. The defendant prayed, and it is assumed the court re- fused to gite, the following instruction : "The rule of law is, that to warrant a conviction on a criminal charge upon circum- stantial evidence alone, the circumstances should be such as to produce nearly the same degree of certainty as that which arises from direct testimony, and sufficient to exclude all rea- sonable doubt of the defendant's guilt The circumstances ought to be of nuch a nature as not to be reasonably accoimted for on the supposition of the defendant's innocence, but be per- fectly reconcilable with the supposition of his guilt. The court instructs the j\iry, that it is an invariable rule of law, that to warrant a conviction for a criminal offense upon circumstan- tial evidence alone, such a state of facts and circumstances must be shown, as that they are all consistent with guilt of the party charged, and such that they cannot, upon any reasonable theory, be true and the party charged be innocent." The word "nearly" made the instruction prayed for bad, and it was prop- erly refused. (State v. Ry<m, 12 Mont. 297, 30 Pac. 78.) The unobjectionable parts of it were given in the charge of the court. Other specifications of error in respect of refused in- struction's asked for upon the subject of circumstantial, or in- direct, evidence are disposed of by the observation that the substance of them was embraced in the general charge. «5. Among "he instructions given were the following: "A witness is presumed to sjx^ak the truth, this presumption, how- ever, may be repelled by the manner in which he or she testi- fies, bv the character of his or her testimonv, or by his or her motives, or by contradictory evidence. You are instructed that ycnr power of judging of the effect of evidence is not arbitrary, but to be exercised with legal discretion and in subordination to the rules of evidence. The jury are the exclusive judges of the credibility nf the witnesses and the weight to be given their testimonv." (Xo. ID.) "A defendant in a criminal case mav Ix^ sworn and may testify in his own behalf. In such a case the jury in judging of the credibility and \veight to be given liis tostinionv must take into consideration the fact that he is 26 Mont.] State v, Dotbon. 811 the defendant and the nature and- enormity of the crime of which he is accused. You are instructed that you have no right to disregard the testimony of the defendant on the ground alone that he is the defendant and stands charged with the conapiigk- sion of a crime. The law presumes the defendant to be inno^ cent tmtil he is proved guilty, by the evidence beyond a reason- able doubt) and the law allows him to testify in his own behalf, and the jury should fairly and impartially consider his testi- mony, under the instructions above given, together with all the other evidence in the case, and if from all the evidence the jury have a reasonable doubt as to the guilt of the defendant it is your duty to acquit him." (No. 21.) Section 2442 of the Penal Code provides that a "defendant in a criminal action or proceeding cannot be compelled to be a witness against him- self ; but he may be sworn, and may testify in his own behalf, and the jury in judging of his credibility and the weight to be given to his testimony, may take into consideration the fact that he is the defendant, and the nature and enormity of the crime of which he is accused. If the defendant does not claim the right to be sworn, or does not testify, it must not be used to his prejudice, and the attorney prosecuting must not com- ment to the court or jury on the same.'' Complaint is made of the word "must" in instruction numbered 21, counsel for the defendant contending that the use of this word instead of the statutorj' word "may" was prejudicial error. We think it was not. Jurors are in duty bound to consider all the evidence; they must, in obedience to their oaths, consider whatever tends to shed light upon the credibility of witnesses and the weight of evidence. They are not at liberty to withhold their consid- eration from any evidence; they must impartially consider it, and then give to it such weight as they believe it deserves, or if, after fairly considering it, they are satisfied that it is not entitled to any weight, they should in their subsequent deliber- ations disregard it. Counsel say that under the plain terms of the statute the jury, in judging of the defendant's credibility and the weight to be given to his testimony, are at liberty — 312 State v. Dotson. [Dec. T/01 that is, have permission — ^to take into consideration the fact that he is the defendant and the nature ftnd enormity of the crime of which he is accused, but are under no obligation to do so. ,If this position be tenable the following supposed instruc- tion would correctly state the law : "A defendant in a criminal action cannot be compelled to be a witness against himself, but he may under oath voluntarily testify in his own behalf. The defendant has availed himself of this privilege, and in judging of his credibility and the weight to be given to his testimony you may, or may not, as you see fit, take into consideration the fact that he is the defendant and the nature and enormity of the crime charged. These matters you are at liberty to exclude from any consideration whatever. The court has already charged that you must consider all the evidence, and such is the general rule of law, subject to but one exception: When you judge of the defendant's credibility and the weight of his testi- mony, you are under no obligation to consider, think upon, or regard, the fact that he is the defendant on trial for murder of the first degree and therefore vitally interested in the result. Such facts you may utterly eliminate and refuse to consider in judging of the credibility of the defendant as a witness and the weight to be given to his testimony." Surely the l^slative assembly by the word "may" did not intend that jurors might refuse to consider matters lawfully laid before them. Upon the general principles stated in Montana Ore Purchasing Comr pany v. Lindsay, Judge, 25 Montana Keports, 24, 66 Pacific Reporter, 715, and to avoid absurdity, we think "may'* should be interpreted to mean "shall" or "must"; and such seems to have been the opinion of this court in 8taie v. McClellan, 23 Montana Reports, 532 (59 Pac. 924, 75 Am. St Eep. 558), where an instruction that the jury in judging of the credibility of the defendant as of a witness and of the weight to be given to his testimony should take into consideration the fact that he is the defendant and the nature and enormity of the crime of which he is accused, was approved. If "may" had been used instead of "must" in the instruction of which complaint is 26 Mont] State v. Dotson. 313 made^ we think the ordinary juror would, in the light of the other instructions, certainly have understood it to be the equiv- alent of "shall" or "must" Although counsel have not called attention to it, we note that from 1872 until the first day of July, 1895, when the Penal Code was adopted, the statutes of the Territory and State of Montana provided that the jury in judging of the credibility of the defendant and of the weight to be given to his testimony "shall take into consideration the fact that he is the defendant and the nature and enormity of the crime of which he is accused." (Sec. 15 of Chapter III, Crim- inal Laws, Codified Statutes of 1871-2, page 271; Sec. 15, Fourth Division, Criminal Laws, Compiled Statutes of 1887.) We do not think the change from "shall'^ to "may" made by the Code of 1895 is significant of a legislative intent to allow jurors the liberty of refusing to consider evidence or matter properly adduced before them. "Every change of phraseology, however, does not indicate a change of substance and intent. * * * The changes of phraseology may result from the act being the production of many minds, and from being compiled from dif- ferent sources. Hence the presumption of a change of intention from a change of language is of no great weight, and must mainly depend on the intrinsic difference as resulting from the modification. A mere change in the words of a revision will not be deemed a change in the law unless it appears that such was the intention. The intent to change the law must be evi- dent and certain; there must be such substantial change as to import such intention, or it must otherwise be manifest from other guides of interpretation, or the differences of phraseology will not be deemed expressive of a different intention." (Suth- erland on Statutory Construction, Sec. 256.) That the legisla- tive design was not to change the law so that "may," as per- missive only, should supplant the imperative "shall," is clear. Several questions of practice have been argued by the attor- ney general ; but as the views expressed dispose of the appeals adversely to the defendant, we prefer to reserve them. Let the judgment and the order refusing a new trial be af- firmed. Affirmed. 814 Craveb v. Stapp. [Dec T/01 CRAVEK, Appellant, v. STAPP, Kespondent. 26 314 (No. 1,700.) 28 16 28 18 (Submitted January 27, 1902. Decided February 24, 1902.) Interlocutory Injunction — Dissoluiion — Appeal — Evidence — Sufficiency. Evidence on which a temporary injunction la dlssolTed will be held lufficlent to sustain the order of dissolution on appeal, where no abuse of discretion is shown, even though it would not authorise a denial on final hearing of the relief demanded in the bill. Appeal from District Court, Beaverhead County; M, H. Parker, Judge. Injunction by Flora E. Craver against I. B. Stapp. From an order dissolving an interlocutory injunction, the plaintiff appeals. Affirmed. Mr. John G. Willis and Mr. Edwin Morris, for Appellant Subdivision II, Sec. 871, Code of Civil Procedure, provides for the granting and issuance of an injunction where great or irreparable injury would result. It might be argued that the acts of the respondent were only trespasses and an action at law would be the proper remedy. Trespasses, where frequent, wanton or continued, will be restrained where the injury is great or irreparable, or the defendant is insolvent. {Lee v. Watsojv, 15 Mont. 228; Derry v. Ross, 5 Colo. 295; West v. Smith, 52 Cal. 322; Long v. Casebeer, 28 Kan. 226.) Injunction will lie to restrain the removal of the plaintiff's crop by an insolvent defendant. (Lee v. Watson, supra; Hx<:ks V. Compion, 18 Cal. 206 ; West v. Smith, 52 Cal. 322, supra; Rohrer v. Babcock, 114 Cal. 126.) Some of the older decisions go to the extent of holding that so long as a plaintiff has any remedy at law whatever, no re- course can be had to equity. Such is not the effect of the later , 26 Mont] . Cbaveb v. Stapp. 315 ilcciaions. {Staples v. Rossi et ah, 65 Pac. Rep. 67 ; King v. Stewart, 84 Fed. 546 ; King v. Campbell 85 Fed. 814 ; Wat- son V. Sutherland, 5 Wall. 74.) Where the injury to the defendant from the temporary in- junction would be less than the injury to the plaintiff, should the plaintiff succeed, the injunction should be granted. (Gil- fin V. Mining Co., 23 Pac. Rep. 547 ; Staples v. Rossi, supra,) Mr. W. S, Barbour and Messrs, P ember Ion & Maury, for Respondent. Where there is a conflict of evidence, the granting or dissolv- ing of an injunction, being so much in the discretion of the lower court, the supreme court will never disturb its action. {Heinze v. B. £ M. Company, 20 Mont 531 ; Red Mountain M. Co. V. Esler, 18 Mont 176 ; Anaconda C. M. Company v. B. £ B. M. Company, 17 Mont. 521 ; Cotter v. Cotter, 16 Mont 63 ; Boyd v. Desrozier, 20 Mont. 449 ; Combers v. Lowry, 21 Mont. 481, and numberless other cases of the supreme court of Montana. ) The granting or dissolving of an injunction is so largely within the discretion of the lower court, that the supreme court will never disturb its action, imless there has been a manifest abuse of discretion. {Heinze v. B. & M, Company, 20 Mont. 531, and cases there cited.) MR. JUSTICE PIGOTT delivered the opinion of the court. On June 12, 1901, upon the verified complaint on file in the action, the judge at chambers made an interlocutory injunction order restraining the defendant from interfering with land upon which tho plaintiff alleged she had entered under the Desert Land Act of Congress, and from occupying or using it, and requiring the defendant to remain away from the land. On the 27th day of Jime the defendant moved the court to dis- solve the injunction. The hearing was had on the complaint, answer, and affidavits. On July 9 the judge below ordered the 316 Whalen et al. v. Harbison. [Dec- T/01 injunction dissolved, and the plaintiff has appealed from the order of dissolution. It is argued by the defendant that the complaint does not state facts sufficient to warrant the granting of the injunction, but that if it does, the evidence received upon the hearing was sufficient to justify the order of dissolution. We shall not consider the question of the sufficiency of the complaint to sup- port the interposition of equity by way of injunction process, for on the present apjxjal we need go no further than to in- quire whether, upon the evidence received at the hearing, the judge manifestly abused his discretion in dissolving the order of June 12. It does not so appear, and upon the authority of the numerous eases to that effect decided by this court, the order appealed from must be affirmed. We do not decide whether the evidence would, if received on a trial of the merits, be sufficient to support a perpetual in- junction or to defeat the plaintiff. No opinion is intimated upon this question. That which suffices to sustain an interlocu- tory injunction or to justify its dissolution, does not always suffice upon a final trial of the issues. {Moloney v. King, 25 Mont. 188, 64 Tac, Eep. 351.) The order is affirmed. Affirmed. 26 316 31 113 31 268 32 274 26 310 40 37 WHALE X ET AL., Respondents, v. HARRISON, Appellant. (No. 1,302.) (Submitted November 19, 1901. Decided February 24, 1902.) Contracts — Public Policy — Public Buildings — Competitive Biddings — Appeal — Bill of Exceptions — Time of FUing — Directing Verdict — Nonsuit. 1. It is not error for the court to deny a motion for a continuance on account of the absence of the defendant, where the defendant falls to show dili- gence. 26 Mont] Whalen et ax. v. Harbison. 317 2. Where, in a suit on an alleged contract, plaintiff alone testifies in support of his case, and his evidence, though uncontroverted, is confusing, it is error to direct a verdict for him, as the Jury should determine the weight of his testimony, and the amount, if any, which is due to plaintiff under proper instructions of the court. 3. Under Code of Civil Procedure, Sec. 1736, providing that on appeal from a final judgment any statement used on a motion for a new trial may be used equally as on appeal from an order granting or refusing a new trial, a bin of exceptions used on motion for new trial may be used on appeal from the Judgment, though no appeal is taken from the order denying the motion. 4. Under Code of Civil Procedure, Sec. 1173, providing that, when a motion for new trial is made on a bill of exceptions, the party shall have the sftme time, after service of the notice of intention to move for a new trial, to serve such bill, as is provided after entry of Judgment by Section 1155, — that Is, 10 days, — and 10 days after service of such notice to serve a state- ment of the case, and in either case the judge may extend the time for 30 days in addition to the statutory time, where a Judgment is entered on June 9th, notice of intention to move for new trial is served on the 16tb, and on the 25th the Judge extends the time to serve the bill of exceptions to July 26th, the service of the bill on July 24th is in time, and it may be used on appeal from the Judgment. 5. Where bidders for a school building, after the rejection of their separate bids and consultation with the members of the board, agree to reduce their bids, and that in consideration of a bonus part of the bidders would let another have the contract for furnishing stone, pursuant to which they procure the contract without readvertisement, such agreement is void, as against public policy, and affords no basis for an action by one of such bidders against the other. 6. Evidence reviewed and held, that the court erred in denying a motion for nonsuit on the ground that the contract sued upon was void as against public policy. Appeal from District Court, Lewis and Clarice County; S. II. Mclntire, Judge. Action by Stephen F. Whalen and James S. Grant, part- ners as Whalen & Grant, against William Harrison. From a judgment in favor of plaintiffs, defendant appeals. Eeversed. Messrs. Walsh & Newman and Mr. A. J. Craven, for Appel- lant. The demurrer to the first cause of action should have been sust-ained. The objection to the introduction of tetstimony on the first cause of action should have been sustained. These tvvo propositions involve the same question, viz. : That the complaint does not state facts sufficient to constitute a cause of action. {Cummer v. Butts, 40 Mich. 322 ; Ahlstrow, v. 318 Whaien et al. v. Harrison. [Dec. T.'Ol Fitzpatrick, 17 Mont. 295 ; Davie v. Lumbennaris Mining Co., 93 Mich. 491, 63 N. W. 625 ; Ex parte Baxter, 2 Q. B. 478, 1892; Storey on Contracts, 5th Ed., Sec. 830; Addison on Contracts, bottom p. 292-296 ; 5 Lawson's R. & R. Sec. 2313 ; Kiiijg V. Ruickman, 20 N. J. E. 316; Abeel v. Radclijf, 13 Johns. 216; Van Slyke v. Broadway Ins, Co,, 115 Cal. 644, 47 Pac. 689 ; Ducie v. Ford, 8 Mont. 233, 240 ; Ryan v. Dun- phy, 4 Mont. 354; Mayger v. Cruse, 5 Mont. 497.) The court erred in striking out that part of the answer set- ting forth that the alleged contract was not made* delivered or intended by the parties to be a final contract, or as containing all the stipulations and agreements intended by the parties. CCode of Civil Procedure, Sees. 3132, 628 ; Commercial Tele- gram Co, V. Smith, 47 Hun. 494; Burke v. DuLaney, 153 IT. S. 228; Ware v. Allen, 128 U. S. 590; Wharton on Contracts, Sec. 202; Wharton on Evidence, Sec. 927.) The alleged contract is against public policy and illegal, null and void. {Hannah v. Fife, 27 Mich. 172 ; Hunter v. Pfeifer, 9 Xortheast, 124, 108 Ind. 197; McMullan v. Hoffman, 69 Fed. 509 ; Hoffman v. McMidlan, 83 Fed. 372 ; Boyle v. Ad- ams, 52 X. W. 860 ; Moore v. Bennett, 29 X. E. 888 ; Bank V. Hoim, 71 Fed. 489 ; Church v. Proctor, 6Q Fed. 240 ; Sharp V. Wright, 35 Barbour, 236; Gulick v. Ward, 18 Am. Dec 389 ; Pac. Factor Co, v. Adler, 90 Cal. 110 ; Morrison v. Ben- nM, 20 Mont. 560; Atcheson v. Mallon, 43 X. Y. 147; Tool Co. V. Norris, 2 Wall. 45 ; Swan v. Chorpening, 20 Cal. 182 ; Brooke v. Cooper, 21 L. R. A. 617 ; Greenhood on Public Policy, 178, 179.) It is the duly of the court whenever and however the ille- gality of a contract api>ears, to dismiss the suif, although tho question may not be raised by the pleadings, and lK>tb parties waive the illegality. {Wight v. Riiidskoff, 43 Wis. 344; Os- canyon v. Winchester Arms Co,, 18 Fed. Case 863, Xo. 10,600; Same case affirmed, 103 U. S. 261 ; Hall v. Coppell, 7 Wal- lace, 542; Maguire v. Corwin, 101 U. S. 108.) The court erred in instructing the jury to return a verdict 26 Mont] VVhalen et al. v. IIarhison. 319 in favor of the plaintiffs. In this the court invaded the prov- ince of the jury. The jury were the sole judges of the weight of testimony and the credibility of witnesses. The court may instruct a jury to return a verdict where the court can say as a question of law that there is no evidence to sustain a contro- verted allegation ; but where an issue of fact is raised in an action at law, and a jury is impaneled to try that issue, the jury, and not the court, must judge of the credibility of the witnesses and the weight of the evidence. (Sec. 23, Art. Ill, Constitution of Montana; Code of Civil Procedure, Sees. 1080- 3390; Wastel v. M. U. Ry. Co., 17 Mont 213; Knoivles v. Nixon, 17 Mont 473 ; Saor v. Fuller, 71 Iowa, 425 ; Rlwdes V. Lowry, 64 Ala. 4; Stewart v. Russell, 38 Ala. 619; Bank V. Donaldson, 6 Penn. St. 179; King v. Kline, 6 Penn. St 318; Pexxple v. Webster, 111 Cal. 381.) Mr. WUliam Wallace, Jr., for Respondents. A bill of exceptions not served within ten days after the judgment will not be considered on appeal from judgment (Sec. 1155, Code of Civil Procedure; 3 Enc. PL & Pr. pp. 459, 460 ; Hayne New Trial & App. Sec. 257, p. 769 ; Sec. 250, p. 753.) Here notice of motion for a new trial was served on the eighth day after verdict and seventh after judgment, and the bill therefore settled in time for new trial proceedings, but too late for simple judgment appeal. Quaere: Does Sec- tion 1736, Code of Civil Procedure, providing that "any state- ment used on motion for new trial may be used on appeal from final judgment," etc., make this bill of exception part of the record for purposes of a judgment appeal; or, to become so, must it have been prepared within ten days, or within an ex- tension period, under order made within ten days after judg- ment ? (The new trial proceedings were not prosecuted beyond the district court) But for Section 1736 a separate bill would be required on the two appeals. The object of the section clearly was to do 320 Whai^bist et al. v. Eabbisoii^. [Dec T/01 away with double sets of papers. It was not intended to per- mit a person, after losing a right to make a bill of exceptions on appeal, to gain it again under pretense of following up mo- tion for new trial proceedings. The proceedings are separate, and only by virtue of the statute can the bill of exceptions in one be used in the other. The defendant could have preserved his rights along both lines by taking an extension of time to prepare the bill within ten days after the judgment Then the bill would have been in time for either an appeal from the judgment or an order overruling a motion for new trial, and, by virtue of Section 1736, could be used for both purposes without being twice copied in the record. But when defendant allowed the ten days after judgment to go by without prepar- ing the bill or getting an extension order, he lost the right to have any bill of exceptions in connection with the appeal from the judgment, and could not use any other bill therefor not prepared in time for this purpose. (People v. Crane, 60 Cal. 279, 280.) He could not have had this bill of exceptions set- tled after the time to appeal from an order overruling a motion for new trial if the motion had been heard on affidavits. (Tur- ner V. Hearst, 115 Cal. 399.) There was in the one instrument a general demurrer to each of the two causes of action. The court's ruling was general on the whole demurrer; and there was only a general exception to this general i-uling, and a general specification of error. If, then, the demurrer was properly overruled as to either cause of action, the exception fails. (Kleinschmidt v. Her, 6 Mont. 122; 8 Ene. PI. & Pr. 167, note 7 and cases.) The interpretation of this contract is for the court, which, to place itself in the parties' position, must consider all the cir- cumstances under which it was made, including the situation of the subject matter, and the parties. (Sec. 3136, Code of Civil Procedure, a continuation of Sec. 632, Compiled Stat- utes.) And "Where technical terms are used in a written agreement, or abbreviations, parol evidence is admissible to show their meaning." (Beach on Contracts, Sec. 581 and 26 Mont.] Whalen et al. v. Harrison. 321 cases; Newell v. Nicholson, 17 Mont. 389 (43 Pac. 181); Sec. 3137, C. C. Proc, a continuation of Sec. 633, Comp. Stat.) "It is proper here to state that a greater degree of certainty is required in the terms of an agreement, which is to be spe- cifically executed in equity, than is necessary in a contract wliich is to be the basis of an action at law for damages. The action at law is founded upon the mere non-performance by the defendant, and the negative conclusion can often be estab- lished without determining all the terms of the agreement with exactness." (Note I to Sec. 72, Beach on Mod. Law of Oontr.) '*\Vhere the contract is not expressed in precise terms, the facts and circumstances surrounding the subject matter it con- tains may be looked to in aid of construction ; and the acta of the parties to ihe instrument are entitled to great weight.'' (Cariwrighi v. Calloway Co., 10 Mo. 663, quoted in Beach on Mod. Law of Cont. Sec. 73, note 4; 11 Am. & Eng. Enc. Law, pp. 512, 613.) The doctrine of the authorities on the subject of uncertainty may be epitomized thus : If the court, by traversing the entire field within which it may pursue its investigations, i, e,, the circumstances under which the instrument was made, the facts and circumstances surrounding its subject matter at the time, and the situation and surroundings of the parties, can give meaning to the words employed, it is bound to do so ; and it is only when, after exhausting all its legal resources, it finds an instrument on its hands that remains unintelligible, it will re- fuse to enforce it as a contract. Again, such an agreement was not within the Statute of Frauds. So, if appellant were correct, and the instrument pleaded in paragraph 8 were no contract, we would not be with- out a remedy, if our pleading otherwise set forth the facts en- titling us thereto, (for, of course, limitation would have long since cut off the right to file another complaint). (Beach on Mod. Law Cont. Sec. 73 foot.) It was not permissible for defendant to allege or prove matters to destroy this contract Vol XXVI-21 322 Whalen et al. v. Habkison. [Dec. T/01 in the face of the contract itself. (Bank v. Stone,, 59 Cal. 183 ; Worrall v. Munn, 5 N. Y. 229, 238 ; Cocks v. Barker, 49 K Y. 107, 110 ; Beach on Modern Law of Contracts, Sec 64, note 2, pages 82-85.) The contract was not void as against public policy. All the cases cited by counsel for appellant are those of agreements made before the bidding. Here it was never disputed by de- fendant, either in pleading or in proof, but that the bids had all been received by the board under their advertisement, and acted on, before this particular contract was even thought of. (Whalen v. Brannan, 51 K W. 759; Flanders v. Wood, 18 S. W. 572 ; Breslin v. Brown, 24 Ohio St. 565, 570 ; Greenhood on Public Pol. p. 181 ; Briggs v. TUlotson, 8 Johns. 304, 305.) On the instruction to jury to render verdict for plaintiflF, see Thompson v. McConncll, 107 Fed. 33, 40, foot; Arthur v. Jacohy, 103 U. S. 678 ; Singer Co. v. Hester, 6 Fed. 804, 808 top; Pierce v. Canada, etc. By., 22 Mont. 448, foot, 56 Pac. 868, right, and cases cited ; Laidlaw v. Sage, 52 N. E. 686, left top; Griswold v. Boley, 1 Mont. 546, 10 Mont. 563; N. P. v. Sullivan, 53 Fed. 222, and cases; N. P. R. R. v. Bank, 123 U. S. 727, 733; Delaware R. Co. v. Converse, 139 U. S. 469; Many cases in VoL 8, Notes U. S. Sup. Ct Eeports, page 505, under "Trial," p. 506 ; Fagvndes v. C. P. R. R., 21 Pac. 437, 438 (Cal.). Kepi/ Brief of Appellant : Counsel for ihe Respondents, in his brief, suggests a ques- tion of practice, which, he says, has never been adjudicated. In our opinion, the question has been fully settled by the Code and by the dec^isions of the supreme court The California decisions, which he cites, are not authority on the proposition, because there is a difference between the California Code and our Code. Our Code disiwnses with the bill of exceptions and says, in plain, unmistakable language, that none is required. (Code of Civil Procedure, Sec. 1151.) Section 1155 of the 26 Mont] Whalen et al. v. HAEBisoisr. 323 Code of Civil Procedure, cited by counsel for respondents, expressly applies to exceptions taken at the trial, and not to exceptions deemed to have been taken. In order to make the matter more emphatic, and to leave no room for discussion as to whether or not a bill of exceptions shall be required for mat- ters deemed excepted to, Subdivision II of Section 1196 of the Code of Civil Procedure, defines what shall constitute the judg- ment roll in cases where the defendant has appeared. {Kleirtr Schmidt v. McDermott, 12 Mont 315; Sanderson v. Billings Water Power Co,, 19 Mont 238; New Orleans R. B. Co. v. Albrition, 75 Am. Dec. 98 ; WasU v. Mopiana U. By. Co., 61 Pac. 9.) But, independent of the provisions of the Code, if there was no bill of exceptions, the court could review the ac^ tion of the lower court, in striking out a part of the answer. (^Dodson V. Nevitt, 5 Mont 518, and Bank of Commerce v. Fuqua, 11 Mont 285-293; Power v. Gumm, G Mont 5; Bar- ter V. Briscoe, 8 Mont. 222; Jones v. City of Petaluma, 36 Cal. 230; Smith v. Lawrence, 38 Cal. 28.) We may go even further and say that if the court could not review the action of the lower court, in striking out these mat- ters, without a bill of exceptions settled, as coimsel contends it should be settled, yet in this case, the whole matter is brought up for review by the motion for nonsuit, upon the ground that the testimony i^hows that the contract was against public policy and void. Had the defendant's rights been lost on the pre- liminary proceeding upon this question, they would have been preserved by that motion. We contend, however, that the bill of exceptions and statement was served in time. A motion for a new trial brings the whole matter before the court for review. It matters not whether the case is tried at one session of the court or at various sessions. From the commencement until the final disposition of the case in court, there is but one trial. There are trials of the issues of the law, and of the issues of fact. (Code of Civil Procedure, Sees. 1030, 1031, 1032 and 1033.) An error, occurring upon a ruling on the pleadings, although 324 WiiALEN ET AL- V. Harrison. [Dcc T/01 made long before the trial of the case upon the merits, is an error occurring at the trial. In this case notice of intention to move for a new trial was served in due time, the time for settling the bill of exceptions was extended by an order of the court, and the statement and bill of exceptions was served within the time granted by the court. (Section 1173 of the Code of Civil Procedure.) Upon the illegality of the contract, we wish to add to our former brief the case of Hoffmaw v. McMillan, 83 Fed. 372, reversing McMillan v. Hoffman, 75 Fed. 547, and see same case cited in our former brief, 69 Fed. 509. MR. JUSTICE MILBURX delivered the opinion of the court. This case is prosecuted by the plaintiffs upon two causes of action, one being to recover $1,333.50 and interest, claimed to be due upon an alleged contract, set forth in the complaint. It is "alleged by the plaintiffs, in substance, that the defend- ant made a proposition to the board of school trustees of school district No. 1, at the city of Helena, to furnish and deliver all cut, carved, and rubble stone for the Helena High School Build- ing for $22,598, which bid was rejected; that plaintiffs made a bid to the said board to erect the building and fUrnish all labor and materials for $63,100, and defendant offered to fur- nish to plaintiffs all sandstone for $19,000, and all rubble gran- ite at $1.45 per perch, and on this basis plaintiffs made their bid ; that this offer was rejected by the board because another had offered to erect the building for $63,050, and the board asked plaintiffs to reduce their bid below $63,050; that they could not do so without sustaining financial loss, unless they obtained the granite and sandstone for $19,000 ; that, to induce the plaintiffs to agree to construct the building and furnish the rest of the materials for $40,152, the defendant agreed to con- tract with the lx)ard to furnish all cut stone and rubble granite for $22,248, and, in consideration that plaintiffs would con- stl-iiet the building and furnish all the rest of the materials 26 Mont.] Wkalen et al. v. Habbison. 325 for $40,152, and use the stone furnished by defendant, he would pay them the diflFerence between $19,000 phis $350, and $22,248, which difference amounted to $2,898 ; that thereupon the defendant contracted with the school board to furnish* said cut stone and rubble granite for $22,248, and that plaintiffs thereupon agreed to furnish all the rest of the material and construct the building for $40,152; that defendant furnished the stone, and received from the school board $22,248, and plaintiffs accepted the stone, and constructed the building ac- cording to their contract; that defendant thereby became in- debted to plaintiffs in the sum of $2,898, less a credit for 850 perches of granite, amounting to $1,232, leaving a balance due of $1,665.50; and that other credits were allowed, which re- duced the amount claimed to $1,335.50. It is then alleged that the contract was reduce^l to writing, and is set forth in the complaint as follows : "Helena, Montana, July 31st, 1890. "Memo, of agreement and understanding pending execution of contract on the basis hereof : Whalen & Grant's bid H. 8. S $63,100 00 They agree to dis 350 00 I62J50 00 Wmiam Harrifion'B bid 122,598 00 He agrees to die 350 QO $22,248 00 Building to cost around $63,100 00 Less $350.00x2 700 00 $62,400 00 "William Harrison agreed to furnish W. & G. cut stone for $19,000.00, which they agreed to accept. Wm. Harrison will receive from r^^hool committee $22,248.00. This figure in- cluding an estimate on the rubble (granite). W. & G. are en- titled from Wm. Harrison to the difference between $19,000 plus $350.00, above shown disc, and $22,248.00, which sum is $2,898.00 ; said Whalen & Grant having to furnish granite rubble for H. S. S., which Wm. Harrison agrees to deliver 326 Whalen et al. v, Haemson. [Dec T/01 f. 0. b. K P. R. K. for $1.45 per perch of 2,240 pounds. The above is our understanding and agreements "Wm. Habeison, "Stephen F. Whalbn, "James S. Gbant/' Their second cause of action is set forth, claiming a balance due for work and labor amounting to $188.95. The defendant demurred to each cause of action for want of substance. The demurrer was overruled. The defendant there- upon answered denying each and every allegation in the com- plaint It is not necessary to state anything further contained in the answer. There is no serious attack made upon the judgment, so far as the second cause of action is concerned, and we find no error as to it except as appears hereinafter. A motion having been made for a continuance on account of the absence of the defendant, we find that the court did not err in denying it, as the defendant, in our opinion, did not show diligence. A motion for a nonsuit was made after plaintiffs submitted their case, and the same was denied. Thereupon the defendant offered no testimony, and the court, on motion of plaintiffs, directed a verdict for the plaintiffs upon both causes of action. In thus directing a verdict the court erred. There was only one witness, — ^plaintiff Whalen, — and he was a largely inter- ested party, who was cross-examined at length, and whose testi- mony w^as not clear, but somewhat confusipg. Under the cir- cumstances of this particular case^ we think that the court should not have taken up the duty of the jury, but should have left it to them to determine the weight to be given to his evi- dence, and the amount^ if any, which was due to the plaintiffs under proper instructions of the court The plaintiffs make the point that the bill of exceptions used on motion for new trial, not having been submitted within ten days after the judgment was rendered, therefore cannot be used on appeal from the judgment No appeal was taken from the 26 Mont] Whalbn bt al. v, Habaison. 327 order which was made denying the motion' for a new trial. Counsel inquires whether any statement used on motion for new trial can be used under Section 1736 of the Code of Civil Procedure, if the new trial proceedings be not prosecuted be- yond the district court. This section is as follows: "On an appeal from a final judgment, the appellant must furnish the court with a cojiy of the notice of appeal, of the judgment roll, and of any bill of exceptions or statement in the case, upon which the appellant relies. Any statement used on motion for a new trial may be used on appeal from a fi.nal judgment equally as upon appeal from the order granting or refusing a new trial." Under the language of this section w^e cannot see any reason why the bill of exceptions in this case may not be used on appeal from the judgment. The record was made within the time fixed, and while the facts were fresh in the mind of the judge; and, the purpose of the section being to prevent multiplication of the records, and this object having been attained, we cannot see any reason why such bill of ex- ceptions may not be used on appeal from the judgment for all purposes for which a bill of exceptions may be properly used on appeal from the judgment. Having made the inquiry above referred to, counsel proceeds to argue that the bill of exceptions was not served in time ; that is, w^ithin ten days after entry of judgment. But, as is well said by counsel for appellant, Section 1173 of the Code of Civil Procedure provides that, when a motion for a new trial is made upon a bill of exceptions, the party shall have the same time after service of tiie notice of intention to move for a new trial to serve his bill of exceptions, as is provided after entry of judgment by Section 1155, and he shall have ten days after service of such notice to serve a statement of the case, and iu either case the judge may extend the time not more than thirty days in addition to the statutory time. Judgment was entered June 9, 1897. Notice of intention to move for a new trial was served and filed June 16. On June 25 an order was made by the judge extending the time until July 26 to prepare and 328 Whalex et al. v. Hakrisox. [Dec. T.'Ol serve bill of exceptions and statement on motion for new triaL Such service was made on July 24. Section 1736, supra, cer- tainly, by its plain language, permits such bill of exceptions so saved and used on motion for new trial to be "used on appeal from a final judgment equally as upon appeal from the order granting or refusing a new trial" for all purposes for which a bill of exceptions containing matter which a bill of exceptions may properly present on appeal from the judgment alone may be used. The words "any statement," as used in the section, include a bill of exceptions. We therefore do not consider this point of respondent well taken. We are of the opinion that the court should have granted the motion for a nonsuit as to the first cause of action, as prayed by defendant's counsel. The testimony of the plaintiff Whalen, after showing Ihat plaintiffs' bid for $63,100 and that of de- fendant for $22,598, with one of a stranger, were rejected by the board, discloses the fact that plaintiffs and defendant, after the rejection of their separate bids, made pursuant to adver- tisement of the board, got together for consultation, all the par- ties hereto having been interviewed by members of the board, who had said that the bids must be reduced or the plan of the building altered. Whalen testifies that*: "It seemed that the school boftrd had been talking to Harrison, too, and we spoke to him about it, — that they were going to readvertise for bids, and do something, if they could not get a lower bid, — and asked Harrison what he thought he could do about it ; and we told him that wo were going to talk with those other parties; and finally he just came right out, and [we] agreed that we would stand $350 if he \vould stand that, and let it go at that; and, if the school board would stand that, that it was agreeable to us if it was to him." He also testifies that: "We lost the proposition on the first bid, but afterwards, through an agreement, we were awarded the contract on account of agreeing to make this reduction. They intended to readvertise for bids, but thev did not do it.'' Also that: "We had an ar- rangement with Mr. Harrison whereby he was to refund to us 2G Mont.] WiiALEN ET AL. V. Harrisox. 329 the difference l^etween $19,000 and the amount that he had previously put in a bid for." Whalen also states in evidence that: "Before we made a bid we had a little conversation with Harrison about furnishing cut stone for this building. We fig- ured like this: If we could get a satisfactory bid, we would use it; if we couldn't, we figured that we could furnish the stone ourselves, and open a quarry ; and we had a quarry picked out" From the foregoing it seems to be very apparent that both the plaintiffs and the defendant were desirous to prevent the board from doing their duty under the law, to-wit, to re-adver- tise for bids f ron all who desired to compete ; the bids received under the first advertisement having been all rejected, as con- clusively appears. Besides this, Whalen and Grant evidently did not wish to be compelled to put in a new bid including pric^ for stone, thereby competing with Harrison. The plan was to avoid competition, and to deprive the people of any op- portunity to possibly secure the construction of the building for less than $62,400. We think that such a plan as disclosed by the evidence of the plaintiff Whalen is against public policy. The cases in the reports of decisions are many upon this subject, and the weight of authority is in support of the propositions: (1) As between bidders, each bidder must be left free to act according to his own judgment; (2) it is not the results of the agreement, but the object fiud possible effect thereof, that determines its validity ; and (3) any agreement which, in its object or nature, is calculated to diminish competition for the obtainment of a public contract to the detriment of the public, is void. The authorities are so numerous in support of these principles that we forbear to collate them here, but refer to the discussion of this subject in Greenhood on Public Policy, p. 178 et seq., and the cases cited. Our attention has not been called to any opin- ion or reasoning which conflicts with the views herein ex- pressed. Kespondents refer us to Bnggs v. Tillotson, 8 Johns. 304. 330 Whalen et al. v. Habbisoi^. [Dec. T.'Ol In this case competition was complete, and the contract com- plained of was made after full competition was established, certain persons competing for bounty for the manufacture of specimens of cloth ; the court holding that, if the contract had been made before complete manufacture of the cloth which was to compete, the contract would have been void. This appears to be against respondents, and not in their favor. They also cite Whalen v. Brennan, 34 Xeb. 129, 51 X. W. 759. But in this case also the law is laid down as we have endeavored to show it to be; for while the court in that case does quote with approval words from another court, to-wit: "You are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because, if there is one thing which, more than another, public policy requires, it is that men of full age and competent understand- ing shall have the utmost liberty in contracting, and that their contracts, where entered into freely and voluntarily, shall be held sacred, and shall be enforced in courts of justice," — ^lan- guage which is broad enough, if good law, to make a contract to murder the president of our nation an enforceable agree- ment. Still the same court does, as we do, declare that "tiie rule, no doubt, is that any agreement entered into by parties for the purpose of preventing competition in the letting of public contracts is void ; and a like rule obtains where the nec- essary tendency or effect of the contract would be to stifle com- petition." This case, therefore, does not support the respond- ents' contention under the pleadings and the evidence. The third case brought to our attention by respondents as au- thority is the case of Breslin v. Brawn, 24 Ohio St. 565, 15 Am. Kep. 627. In the opinion in that case the court uses this language: "The public policy which, it is supposed, avoids this contract, is that which favors fair and honest competition at public sales, and forbids all contracts and combinations be- tween bidders which stifle competition. We unhesitatingly admit the rule to be that any agreement entered into for the purpose of preventing competition at such sales is * void. 26 Mont.] Whalen et al. v. Harrison. 331 * * * So, also, any contract the effect of which, or even the necessary tendency of which, is to stifle competition. Such contracts are absolutely void as between the parties thereto, be- cause they are fraudulent as against the seller." This lan- guage used in this case cited by respondents certainly does not support their contention, but the contrary. The fourth supposed authority named by respondents is Greenhood on Public Policy, page 181. This a reference in Greenhood to the case of Breslin v. Broirn, supra, in which the court, although it laid down the law in the words we have quoted, decided the case, under the peculiar facts therein, in favor of the plaintiff, who sued on the alleged void contract; but on the next page of Mr. Greenhood's work (page 182) we find that he disapproves of the said decision as made. Thus we find no authority cited by respondents supporting their views that the contract under consideration is not void. The fact is that plaintiffs practically said to Harrison this: "We do not wish you again to put in your bid for the stone in opposition to us. If you do, we shall be forced to underbid you, if we can, as we have a quarry selected ; and then you may not sell any stone at all. If you will put in a bid, and give us a bonus of so much, — that is, the difference between $19,000 and the face of your bid, $22,248, — ^we will not bid on the stone at all, and thus you and we will prevent any advertising being done, now that the first advertising has failed; and so we will get this work ourselves in a way not known to the law. You will get your money directly from the board, and we will prevent any bid being made by others for less than $62,400." In reason and upon authority we believe such a contract to be void. We therefore are of the opinion that the court erred in de- nying the motion for a nonsuit as to the first cause of action, as the evidence shows the contract to be void for the reasons above stated. 332 State v. Stevexsox. [Dec. T.'Ol Reversed and remanded for further proceedings in accord- ance with the views herein expressed. Reversed and remanded, Mr. Chief Jistice Bkaxtly: I concur. Mb. Justice Pigott: I concur speciallv. With the hold- ing that the court below did not err in refusing a continuance, I agree. I also agree that the statement and bill of exceptions used on motion for a new trial are properly before us and must be considered on appeal from the judgment. I concur also in the holding that the credibility of the witness Whalen and the weight of his testimony were for the jury, not the court, and that the court erred in directing a verdict for the plaintiflFs. For this error the judgment must be reversed. But from the decision that the court below should have nonsuited the plain- tiffs in respect of the first cause of action, I respectfully dissent. '26 332| 34* 4ii| STATE, Respoxdent, v. STEVEXSOX, Appellant. (No. 1.724.) (Submitted January 20, 1002. Decided March 3, 1002.) Criminal Law — Larceny — Evidence — Corroboration of Testis mony of Accomplice — Conspiracy — Possession of Associaies — Res Gestae — Instiiuctions — Improper Remarks of Counsel — Exceptions — Review, 1. Under Penal Code, Sec. 2080, providing that a conviction cannot be Ijad on an accomplice's testimony unless- he is corroborated by other evidence which in itself tends to connect accused with the commission of the of- fense, corroborating evidence tending to establish, independently of the accomplice's statements, the commission of the offense and accused's con- nection therewith, is sufficient, though, if the accomplice's testimony were not considered, the corroborating evidence would be Insufficient to convict. 2. Where, by a prearranged plan, accused and his associates were to commit 26 Mont,] State v. Stevenson. 333 a larceny, and sell the property, possession of the property by the asso- ciates pursuant to the criminal purpose may be properly considered against accused, as any incriminating act or statement done or made by one of the parties to a criminal conspiracy during the pursuit of the common purpose is competent against the others as res gestcie. 3. On a prosecution for larceny of five horses pursuant to a prearranged plan to collect a band of horses and sell them, an instruction referring to pos- session of the stolen property generally, and not to that alleged in the information. Is not prejudicial, though erroneous, where the evidence tended to show that the whole band. Including the five horses described in the information, was stolen and went into the actual possession of accused. 4. Although an instruction in a criminal case may be bad, and even prejudicial to the appellant, nevertheless if, so far as criticised by the appellant it is not prejudicial to him, it will not work a reversal of the Judgment. 5. The prosecution's reference in argument on trial for larceny to accused's stealing other property is not reversible error where the court cautioned the Jury to be governed by the evidence, and admonished counsel to keep within the record, and accused reserved no exceptions, nor requested any instruction that the Jury disregard the remarks. Appeal from District Court, Teton County; D. F. Smith, Judge. James R* Stevenson was convicted of grand larceny, and from the judgment and an order denying him a new trial he appeals. Affirmed. Mr. J. G. Blair, for Appellant. The testimony corroborative of that of Jacobson was insuffi- cient to convict Stevenson with the commission of the offense as charged. (Sec. 2089 of the Penal Code; Wharton's Crimi- nal Evidence, 9th Edition, pages 379, 380 ; Sfaie v. Scott, 42 Pac. 1 ; Roscoe, Criminal Evidence, Vol. I, page 133 ; Staie v. Geddes, 55 Pae. 919; State v. Spotted Hawk, 55 Pac. 1026; State V. Carr, 42 Pac. 215; Staie v. Welch, 55 Pac. 927.) There was prejudicial error on the part of the court in not promptly stopping counsel and reprimanding him for his im- proper remarks. {Hudson v. State, 28 S. K 1010; State v. Wright, 42 S. W. 934, 141 Mo. 333 ; Herren v. People, 62 Pac. 833; Heller v. People, 22 Colo. 11; State v. Stubblefield, 157 Mo. 360.) Mr. Jam^s Donovan, Attorney General, for the State, 334 State v. Stevenson. [Dec T/01 MR. CHIEF JUSTICE BRANTLY deUvered the opinion of the court. The defendant was by information charged, jointly with George Jacobson and John Sullivan, with the crime of grind larceny, committed in Teton county on Noveml)er 28, 1900. The subject of the larceny is alleged to have been five horses branded J. H. L., the property of one Hill and one Messacar. The defendant demanded and was awarded a separate trial. The jury returned a verdict of guilty, whereupon the defend- ant was sentenced to imprisonment at hard labor in the state prison for the term of 14 years. From the judgment and an order denying him a new trial he has appealed. The points upon which appellant relies for a reversal of the judgment and order are that the verdict is contrary to the evi- dence, that the court misdirected the jury in matters of law, and that there were irregularities in the proceedings during the trial by which the defendant was prejudiced. 1. The principal witness for the state was George Jacob- son, one of the defendants. It is argued that the evidence is not sufficient to warrant a verdict of guilty, because that por- tion of it introduced by the state in corroboration of the testi- mony of Jacobson, an avowed accomplice, does not meet the requirements of the rule of law applicable to such cases. From a patient reading of the record many times we find that the corroborative evidence tends to establish, independently of Ja- cobson's statements, not only the commission of the larceny as charged, but also the defendant's connection therewith. It is true, as counsel contends, that, if the testimony of the accom- plice were taken out of the case altogether, and not considered, there would not be sufficient left upon which to submit the case to the jury upon the question of the defendant's* guilt ; but we do not understand that the statute (Penal Code, Sec. 2089) requires this amount of corroborative evidence. Its require- ment is fully met by evidence which in itself, and without the aid of that of the accomplice, tends to connect the defendant w4th the commission of the particular offense. (^State v. Ged- 26 Mont.] State v. Stevenson. . 335 des, 22 Mont. 68, 55 Pac. 919.) The rule contended for by counsel would prevent a conviction upon the testimony of an accomplice in any case where there was not a substantial cor- roboration of it upon every material point. Were this the rule, the testimony of the accomplice would generally be of no value, whereas it is often the case that, subject to the restriction of the statute, it is the only evidence upon which the state may rely. As was said in State v. Galder, 23 Mont 504, 59 Pac. 903, the statute does not, except by implication, require evi- dence from independent sources with respect to the corpus de- liclL But, conceding for the purposes of this case that it does, the evidence adduced by the state also meets this requirement ; for it tends strongly to show, independently of the evidence of Jacobson, that the particular larceny testified to by him was in fact committed. 2. The evidence tends to show that the larceny was commit- ted by Jacobson and Sullivan in the absence of the defendant, but in pursuit of a prearranged plan by which they were to gather a band of horses from the range in Teton county, and drive them to Galata, on the line of tha Great Northern rail- way, in Choteau county, where the defendant would meet and assist them to load the animals into cars for shipment to mar- ket, he having agreed to have cars ready for that purposa It appears that the arrangement was carried out; that Jacobson and Sullivan gathered about 175 animals, including the five described in the information ; that they drove them to Galata ; that they were there met by the defendant ; that the three loaded the horses on the cars ; and that, after signing the shipping con- tract under assumed names, all traveled with the horses to Sioux City, Iowa, where a sale was effected, and the proceeds divided. The defendant was shown to have assumed control of the ship- ping arrangements and to have directed the sale. He admitted in giving his Testimony that he assumed possession with the defendants from that point, claiming that he did so on behalf of his firm in Sioux City. Touching the possession of the stolen property as an incrimi- 336 State r. Stevenson. [Dec T.'Ol natory circumstance, the court instructed the jury as follows: **The possession of stolen property by the defendants, or either of them, if believed by you, is a circumstance proper to be considered bv vou in determininff the sruilt or innocence of the defendants, or either of them. Corroborating circumstances mav consist of anv acts, conduct, or declarations of the defend- ants, or either of them, or any other circumstances tending to .show the guilt of the accused.*" Counsel insists that this in- struction is erroneous, in that it authorized the iurv to con- sider the possession of the horses by either Jacobson or Sulli- van as evidence of the guilt of the defendant, whereas posses- sion by himself only should be considered. As has been said, however, there was evidence tending to show a prearranged plan by defendant and his associates to commit the larceny and to sell the fruits of it. The cause was submitted to the jury upon the theory that the defendant, if guilty at all, was guilty by reason of his having joined in this plan with a view of profiting by the sale. Upon this view of the case the possession by one of the associates of the property stolen in pursuit of the coDunon criminal purpose was the possession of them all, and, as an incriminatory fact, was properly to be considered as against the defendant. Any incriminatory act or statement done or made by one of the parties to a criminal conspiracy during the pursuit of the common purpose is competent as against any of the others as part of the res gestae. {State v. Byers, 10 Mont. 565, 41 Pac. 708 ; Wharton's Criminal Evi- dence, Sec. 69S.) Furthermore, the defendant's joint posses- sion with his codcfendants from the time he appeared at Galata stands as an admitted fact in the case. This being true, the possession of all was the possession of each of them. Upon this theory, and so far as the criticism in question is concerned, fault in the instruction was not prejudicial. It is also said that the instruction is prejudicially erroneous in that it refers to stolen property generally, and not to that alleged in the information to have been stolen by the defendant. As we understand the purport of this criticism, it is to the effect 26 Mont] State v. Stevenson. ' 337 that the court rhould have told the jury that possession by the defendant of the pr9perty alleged to have been stolen by him^ if shown, was a fact to be considered by them in the light o£ the other evidence in arriving at their verdict. As an abstract proix>sition, the criticism is well made. Generally speaking, the jK)ssession of stolen property other than that involved in the case would be no evidence of guilt of the larceny charged. Under the facts of tliis case, however, no injury could have resulted from the language as used by the court. In other instructions it was fairly submitted to the jury whether the particular animals described in the information were stolen as cliarged. The evidence which tended to show that they were stolen also tended to the same extent to show that all the rest of the band was stolen. The same evidence tended to show that the whole band, including the five described in the infor- mation, went into the actual possession of the defendant. If there was any larceny at all, there was a larceny of the whole band, and it was impossible to prove the larceny of the five without proving the larceny of the rest. The possession of the Avhole band, so far as it was an accusatory fact in the case, w^as competent to establish the larceny of the five particular animals described in the charge. The jury could not have found upon the evidence that the defendant and his associates came honestly by the five, but that the rest of the band w^ere stolen. There was no evidence in the case that they, or any one of them, had in their possession any other property than that involved in the larceny of the whole band. The jury could not, therefore, have lieen misled as to the application which they should make of the language used by the court. For other reasons, Avhich are apparent, the instruction is, to say the least, not a model. We do not approve it. It may have been prejudicial ; but, so far as it is criticised bv counsel, we do not think the defendant was j)rejudiced by It. - 3. During ihe argument of counsel to the jury one of coun- sel for the prosecution made use of the following language: ''I shall show you (meaning the jury) before I leave Choteau Vol. XXVl-22 S3b State v. Stevenson. [Dec T/01 (the place of irial) that this defendant, Stevenson, has not only stolen and shipped from Teton county 175 head of horses, but that he has stolen and shipped from this county many times that many horses." Counsel for the defendant objected to the use of this language, and called the attention of the court to it. Thereupon the court cautioned the jury to be governed, in arriv- ing at their verdict, by the evidence and the law only, and not by remarks of counsel, and admonished counsel to keep within the record. It is said bv counsel for the defendant that, con- ceding the judgment of conviction to be warranted in other respects, it should be reversed on account of this misbehavior of counsel for the state. We have set forth all tliat occurred at the time* It will be observed that the court, while not re- proving counsel as much as he undoubtedly deserved for over- stepping the l)ounds of propriety in using the language com- plained of, did stop him from further statements of the same character, and cautioned the jury to be governed in arriving at their verdict by the evidence and the law only, and not by the remarks of counsel. It appears that for the time being counsel for the defendant were satisfied with the action of the court. At any rate, no exception was taken, nor do we find in the instructions any request by counsel for a formal instruc- tion to the jury to disregard the remarks counsel made during the argument. The court therefore neitlier failed nor refused to do its duty in the premises, and counsel are in no position at this time, upon the record before us, to say that the court ])erinitted any prejudicial error to come into the case during the progress of the trial. It is only where the court has failed to do its duty in such cases, and such failure is made to appear in tlie record bv proi>er bill of exceptions, that this court may interfere. It Is only the action of the trial court that this court may review, and nnt the action of the prosecuting attor- ney. So, if it does not appear that the trial court has Ijeen guilty of any neglect of duty in the premises, there is nothing before this court for review. (State v. Biggerstaff, 17 Mont. 510, 43 Pac. 709; >S7aif^ v. Cadottc, 17 Mont. 315, 42 Pac 26 Mont] State v. Townek. 339 So7;- State v. Gay, 18 Mont. 51, 44 Pac. 411; State v. Bloor, 20 Mont. 574, 52 Pac. 611 ; State v. Ilurst, 23 Mont. 484, 59 Pac. 911.) The judgment and order appealed from are affirmed. Affirmed. Eehearing denied March 31, 1902. STATE, Eespondent, v. TOWXER, Appellant. (No. 1.728.) (Submitted January 20, 1002. Decided March 3, 1002.) Criminal Law — Gambling — Sentence — Parjment of Fine — Im- prisonment on Default — General Act — Special Statute — Re- peal— Effect — Construction of Statutes. 1. Penal Code 1805, Sec. 2224, which permitted the court In every case where a defendant, on a conviction of crime, was adjudged to pay a fine, to also imprison him until both fine and costs were satisfied, not exceeding one day for every $2 of the fine and costs, was not in any manner repealed by Laws 1807, p. 81, providing for the imprisonment of one convicted of gambling until the fine and costs were paid, not exceeding five years in the state penitentiary, for the latter act did nothing more than exempt Judg- ments on convictions of gambling from the operation of the general law ; and hence, after its repeal, a person convicted of gambling was properly sentenced under the general law. 2. Penal Code 1805, Sec. 2224, permitted the court in every case where a defendant, on conviction of crime, was adjudged to pay a fine, to also im- prison him "until the fine and costs were satisfied," not exceeding one day for every $2 of the fine and costs. Laws 1001, p. 167, Sec. -, provided for the punishment, on conviction of gambling, by a fine and "imprisonment until the fine and costs were paid." Heldj that the word "paid" in the latter act was synonymous with the word "satisfied" as used in the general act, and hence a perso^ convicted of gambling could be imprisoned not tJD exceed one day for every $2 of the fine and costs. 3. A person cannot complain that he has been committed for a shorter time than the maximum autliorized by law in default of the payment of the fine and costs assessed against him on conviction of a crime. Appeal from, District Court, Silver Bow County; J. B. Mc- Cleiman, Judge. 340 State v. Towner. [Dec. T.'Ol T. O. Towis^ER was convicted of gambling, and appeals. Af- firmed. Mr. C. M, Parr, Mr, Robert B. Smith, Mr. G. M. Sinclair, and Mr. W. II. Levy, for Appellant. The title of the act of 1897 declares its enactment to be for the purpose of lepealing "all laws in conflict with this act." Section 2224 being a law, and in conflict with the act, is by the title and Section 11 of the act repealed ; and thereupon ceased to exist so far as the law of gambling is concerned. Section 2224 was also repealed, regardless of the question of whether there was a conflict or not, by the fact that the act of 1897 was a general revisory act, which covered the whole subject, crimes, I)enalties and all, of gambling. The rule of construction is that, where a later ^ct of the legislature covers the entire ground of the subject matter of former laws, as the acts of 1897 and 1901 do, penalties and all ; and where they were evidently intended as a substitute for the former law, the same will be repealed though there may be no express words to that effect. (Inman V. State, 47 S. W. Eep. 558 ; Ptdashi v. Downer, 10 Ark. 589 ; Blackwell v. State, 47 Ark. 488 ; In re Fordpn, 57 Pac. Eep. 376 ; Little v. Coggswelly 20 Ore. 325 ; Ins. Co. v. Riggon, 48 Pac. Kep. 476.) "When it is apparent that a later statute is revisory of the entire matter of an earlier one, and is designed as a substitute therefor, the later substitute will prevail and the earlier one will be held to have been superseded ; though there may be no inconsistencies or repugnancies between them." (MorCk v. Jas- tro et al., 58 Pac. Rep. 372.) In this case the court said: "We are of the opinion that it was the intention of the legislature to make a new law, so that the present law differed from the for- mer, and that the new law, embracing all that was intended to be preserved, of the old, omitted what was not so intended, be- cause complete in itself, and repealed all other laws on the sub- ject embraced within it. The authorities on this subject are 26 Mont] State v. Towner. 341 clear and uniform." {Murdoch v. City of Memphis, 20 Wall. 590; Pierpont v. Crouch, 10 Cal. 315; City and County of Sacramenio v. Bird, 15 Cal. 295 ; State v. Conklirig, 19 Cal. 501 ; Charnocl' v. Rose, 70 Cal. 189 ; Black Inter. Laws, page 116; Sedg. St. and Const. Law, page 124; Fisk v. Hejuirie, 142 U. S. 459; Kifig v. Cor)iell lOG U. S. 395; DisL of Col V. Hidton, 143 U. S. 18.) "It is not so niiicli a repeal by implication as it is that the legislature liaving made a now and complete expression of its will upon the subject, this last expression must prevail, and whatever is ex- cluded therefrom must be ignored." (Idem; Benncrs v. State, 26 So. Rep. 942; Mercer v. State, 60 Pac. Eep. 348.) "An act which repeals by direct reference nearly all the laws on the subject, and then adds a general clause, %gether with all acts and parts of acts inconsistent herewith,' and which embraces the entire subject matter of certain prior acts not referred to directly, making changes on the point in que&tion, and adding other provisions, operates as a repeal of such prior acts.'' (JJ. S. v. Cheeseman-, 3 Sawyer (IT. S.), 424; People v. Tinsdale, 57 Cal. 104; State v. V^'hiiworih, 8 Port. (Ala.) 434; 23 Enc. Law, 497, and cases cited.) "The act prohibiting gambling covers the whole ground of the previous statute and includes every offense (and penalty) connected with the subject matter; and as it provides a different and in some respects a milder punishment for these offenses than the previous statutes, it re- peals them as far as the same offenses are intended to be pun- ished by it." {State v. Whitworth, 8 Port. (Ala.), 434; Comm. V. Davis, 11 Gray (Mass.), 48.) "A later statute, the evident intention of which is to furnish the exclusive rule governing a certain case, repeals by implication an earlier law on the same subject." (23 Enc. Law, 484; People v. Lytle, 1 Idaho, 143; Druggist Cases, 85 Tenn. 449.) "The general rule that where a statute, not merely cumulative of common law, or of previous statutes, and not made to cure deficiencies therof, is designed to create a new and independent system, and to dispose of the 342 State v. Townee. [Dec. T/01 wliolo subject of legislation, it is the only law upon the subject, and, without express repealing clause, displaces the old rules and statutes." {Baker v. Bell, 46 Ala. 221 ; Towle v. Marrett, 14 Am. Dec. 20C; 23 Enc. Law, 487, and cases cited.) "Two different punislmienrs for precisely the same offense, with no variation in its elements, and no modifying discretion in the court cannot, in the nature of things, subsist together ^ * * and a milder new punishment repeals a severer old." (Bish. Stat. Crimes, Sec. 1G8.) '^Though a subsequent act be not re- pugnant to a prior one relating to the same subject, if it was clearly intended to prescribe the only rule in relation to the subject it repeals the earlier law." {Anderson v. City of Cam- den, 33 Atl. Rep. (X. J.) 84:6; People v. Medill, 3G K Y. S. 534.) "A general revision of an act repeals by implication all former acts on the same subject, whether repugnant thereto or not." {JernUjan v. Holden, IG So. Rep. 41; Buchanan, v. Comm., 25 S. W. Rep. 2G5; Mersereau v. Mersereav., 26 Atl. Rep. (N. J.) GS2.) ^*Tho reix^al of a statute which was a re- vision of, and a substitute for, a former act to the same effect which was therefore rej^ealed, cannot bo deemed to revive the previous act, for this would be plainly contrary to the intention of the legislature.'' (Suth. Stat. Const. Sec. 168; Butler v. Russell, 3 Cliff. 251; Moody v. Seaman, 46 Mich. 74; Goodno V. Oshkosh, 31 Wis. 127; People v. Supervisors, 67 X. Y. 100; Harris v. Supervisors, 33 Ilun. 279 ; Milne v. Ruber, 3 Mc- Lean, 212; State v. Ilaughtcr, 70 Mo. 484; State \\ Conkling, 19 Cal. 501; People v. Tyler, 36 Cal. 522.) We contend that the action of the court in calling to its aid Section 2224 of the Penal Code designating the manner in which and the time of imprisonment was wholly unauthorized, l>ecause, so far as the act of 1901 is concerned, and the legisla- tion respecting gambling. Section 2224 of the Penal Code has l)een repealed, not only by necessary implication, but by the exact and expressed provisions of the act of 1897. But the method of enforcing the payment or settlement of a fine under 26 Mont] State v. Towner. 343 Section 2224 of the Penal Code is so directly and emphatically in conflict with the method of enforcing payment prescribed in the act of 1901 that Section 2224 would necessarily be repealed by implication, if it had not already been repealed by the 1897 law, and was not expressly repealed in the 1901 act. Upon this question we desire to submit to the court a few authorities which we believe to be absolutely conclusive of this question : Bright- man V. Kinier, 22 Wis. 55 ; Somei's v. Common.ivealtli, 33 S. E. o81 ; Dickinson v. State, 41 S. W. 750; Rogers v. ^Yatro'US, 8 Tex. ()2; Cain v. State, 20 Tex. 355; Tunstall v. ^Vormley, 54 Tex. 47G; Stirman v. State, 21 Tex. 734; Dillo7i v. Blcknell, 4:7 Pac. 937; Sedgwick on Statutory Law; Commonwealth v. KeUiher, 12 Allen, 481 ; United States v. Reese, 92 U. S. 214; Barnet v. Muncie Nai'l Bank, 98 U. S. 558 ; Sutherland on Statutory Construction, Sees. 137, 139 ; Sacramento v. Bird, 15 Cal. 295-6; Sedgwick on Statutory Construction, page 100 and note; Sedgwick on Statutory Construction, pages 104-5; United States v. Barr, 24 Federal Cases, 14527; Ogden v. Witherspoon, 18 Fed. Cases, 10461.) "Penal statutes are to be strictly construed. That is, con- strued strictly in those parts 'which are against the defendant, but liberally construed in those parts which are in his favor, that is for his ease and exemption. Xo person is to be made subject to such statutes by implication ; and where doubts arise concerning their interpretation such doubts are to weigli only in favor of the accused." (ILMurii v. St. Paul Ry. Co,, 23 IMont. 241 ; State v. Bryant, 90 Mo. 534, and 2 S. W. R. 836; Bish. Stat. Crimes (2d Ed.), Sees. 193, 194 and 227; Terr. V. Hopkins, 59 Pac. Rep. 976 ; Enc. Law (2d Ed.), V. 23, page 298, and cases cited; Newell U. Mill Co, v. Muxlow, 115 N. T. 170.) We confess that an extended reseach has failed to find any authorities bearing directly on this question. Our Penal Code, including Section 2224, we take from that of the state of Cali- fornia. There is a line of decisions of the supreme court of the state beginning with Ex parte Harrison, 63 Cal. 299 ; and end- 344 State v. Towner. [Dec. T.'Ol iiig with Ex parte Sing Ah Ton/f, 24 Pac. Rep. 181, construing a ;^ection similar to our Section 2224 in relation to other sec- tions of the same Code. But never, to our knowledge, have the California courts been called upon to construe such a section of the code as to its bearing on the provisions of another and later system of law. On December 3, 1890, the supreme court of the state of Washington decided the case of Foster v. State, 25 Pac. Rep. 459. In that case the court was called upon to construe somewhat similar sections of the Penal Code. (Code of Washington of 1883.) Mr. James Donovan, Attorney General, for the State. ilR. JUSTK^E illLBURX delivered the opinion of the court. Defendant was convicted of a violation of Section 2 of the Act of the legislature approved March 15, 1901, respecting gambling (Laws of 1901, page 1G6). lie was sentenced to pay a fine of $100, and to be imprisoned in the county jail until the fine was paid, the imprisonment not to exceed one day for every $2 of said fine. He appeals from the judgment. He assigns as error that the court erred in entering judg- ment. He inquires: ^'Did the trial court err in sentencing the* defendant to imprisonment at the rate of two dollars per day ?" Having argued that this question, which is quoted, must be an- swcrod in the affirmative, appellant concludes that the judgment is absolutelv void. The validitv of the statute is thus attacked, but whether in whole or in part there is no sj)ecification to indicate. In the argument, however, we find this language: '^Therefore we con- tend that the judgment of the court pronounced in this cause is absolutely void, and that, so far as the provisions of this Act referring [to] the metliod of enforcing the payment of the fines ])roscribed is concerned, tlie act is unconstitutional and void in that respect." The argument, extending over all of the 37 pages 2GMon\.] State t'. Towner. 345 of the brief, excepting two pages of statementj is devoted to an attempt to show that the passage of Section 1 of the Act of 1897, as to gambling (Laws of 1897, page 81), providing that one lined for a violation of the section "must be imprisoned until such fine and costs are paid, such imprisonment not to exceed five years in the state penitentiary," had the effect of repealing, so far as gambling is concerned. Section 2224 of the Penal Code of 1895 ; and that the repealing of the Act of 1897 did not re- enact said Section 2224 ; and, f ui*ther, that the present Act of 1901, so far as it provides that ^*every person convicted of a violation of Section 2 of this Act must be imprisoned until such fine* and costs are paid,'' is unconstitutional and void, said term of imprisonment being perpetual in the case of those unable to pay. Section 2224 of the Penal Code of 1895 is as follows: ^'A judgment that the defendant pay a fine and costs may also direct that he l>e imprisoned until both fine and costs are satis- fied, specifying the extent of the imprisonment, which must not exceed one dav for everv two dollars of the fine and costs." We do not believe that the enactment of the statute of 1897, suyra, providing in Section 1 that the defendant, if convicted, should be imprisoned until the fine and costs are paid, such im- prisonment not to exceed five years in the state penitentiary, repealed Section 2224 in any wise. It is better to say that, if it affected Section 2224 at all, it excepted the judgment under sai<l section of llic gambling law from its operation. If tlie Act of 1897 excepted gambling cases as a class from the operation of said Section 2224, we are of the opinion that after the re])eal of the statute of 1897, making the exception, the gen- eral statute, which was in force all the time, would then bo ap- plicable to all cases according to its terms, as is held in Smith v. Iloyi, 14 Wif5. 252, and Goodno v. City of Oshkosh, 31 Wis. 131. The repealing of the exception would leave no exception. The section (2224) permits the court, after adjudging a de- fendant to pay a fine, to direct that he be imprisoned until both fine and costs ore satisfied, specifying the extent of the impris- •j^*i State r. Tow^'ER. [Dec. T/01 * niii'^-iit, v.hir-li iiiii-t n<'t cxr^cird one dav for everv ^2 of the fine illi'l costs. l'l'»n the qiit:-ti'«n \vh<**ht.T said section now applies to the II i« de iff Mifor^iiiiT tlie en]], cti^n of the fine and co?ts nnder the I»rr-riit hiw ajH'tllant <ay> that u{h.ii an extended ^e^:ea^ch he ha> faih d to find anv auth'.rities directlv ii])on the matter. Ihf the wr,r I> '\-ari>fied" i Section 2224, Penal Code) and "juiid' (Sc-cliiiii 2, Act <»f llMjl ) mean the same things If tli(<e \vord< Wire imt inT<iide<l hv the leiri?latnre to mean the ^anie in the matter of the penalty for the said oflFense, then Sec- tion 2224- wrnid not aj^ply, l>eeause the fine and costs would have to he paid in money, and not sati>fied hy lapse of time. If, h< wever, tlie word **i»ay" means "satisfied," as appears to he its meaninir (Wel)ster's International Dictionaiv; Centurv Dictionary), then there is no conflict hetwt^n said Section 2224 and tliat part of the law of 1901 referred to. If the fine and ctsts must he paid in money l^efore the release of the prisoner, tlien the penalty, in the case of one nnable to thus pay, means inipris^mnu^nt for life, unless the executive interfere to pardon tlie delinquent (»ffender. But if the law, so far as the mode of c(dlK»tion of the jK^nalty is c<»ncerned, is imconstitntional and void, then wonhl not the Section 2224 apply ? But we do not think it nc*cessarv to decide whether the law is thus unconstitu- tional. If it l)e so, then it would l)e, in respect of the mode of collection, as if it had never been enacteil, and Section 2224 would fix the manner of enforcing satisfaction of the judgment. If it l)e valid, and the words "satisfied" and "paid'' were in- tended to be and are synonymous in this behalf, then that part of the section of the law of 1901 i)roviding that the defendant shall be imprisoned until the fine and costs be paid is unneces- sarily inserted in the Act, as it mean simply imprisonment until satisfaction of the judgment is made according to law, the law being said Section 2224, and Sections 2225, 2226, 2227, 222^, 2241 and 2242 of the Penal Code. We are of the opinion that the word "satisfied" in Section 26 Mont.] State v. Towner. 347 2224 of the Penal Code of 1805 and the word "paid" in the said section of :he Act of 1901 mean the same thing; that the said section of the Penal Code applies to the enforcing of the penalty under Section 2 of the said Act of 1901 ; and that the judgment complained of is not invalid, and must be affirmed. In the oral argument some point was made upon the fact that there is no mention in the judgment of the matter of costs. The defendant cannot complain that the judgment ordered him com- mitted for a less time than mifi^ht have been ordered in default of the payment of costs. Affirmed. CASES DETERMINED SUPREME COURT MARCH TERM, 1902. present: The Hon. Theo. Bkantlt, Chief Justice. The Hon. William T. Pigott, George R. Milbubn', Associate Justices. TE, Respoxdent, v. WOODMAN, Appellant. {Ko. 1,742.) Submitted January 21, 1902. Decided March 10, 190Z.) —Nicl-el in the Slot Machines — DisU-ibuiion of Ci- Canslihdional Law—Class Legislation — Statutory ciion, g that I.nvK fl 1001, p. IflO, Ste. 2, pan[ih«8 proprietors of game* V, wh[|'; iiairnoii of llie gain« enjay Immutilty. It la noV unconatl- as rleae lpi;lB]atloiii no pireptloa being made of the pereoDS who I In ItB rp'rnlloL. 26 Mont.] State v. Woodman. 349 2. Laws of 1901, p. 166, Sec. 2, prohibits the conduct of games of chance, and, among others, that of running a nickel in the slot machine, "for money, checks, credits, or any representative of value, or for any property or thing whatever." Held, thai a nickel in the slot machine, involving in its oper- ation the element of chance as to whether the player obtained in cigars more or less than the value of his money, was prohibited thereby. 3. The mle of construction that, where general words follow particular ones, they must be construed as applicable to things of the same class, is a rule to be used as an aid in ascertaining the legislative Intent, and not for the purpose of controlling the Intention of a statute or of confining Its oper. atlon to narrower limits than the legislature Intended. Appeal from District Court, Leiuis and Clarice County; Henry C. Smith, Judge. Elmer E. Woodman was convicted of running a nickel in the slot machine in violation of the law, and he appeals. Af- firmed. Messrs. Nolan & Loeh, for Appellant. The law under consideration is unconstitutional, for the rea- son that it is class legislation. {In re Lang ford, 57 Fed. 574.) Assuming, however, that the constitutional objection urged is not well taken, we insist that under well settled rules of statu- tory construction, the use of the nickel in the slot machines for the distribution of merchandise or cigars is not prohibited by the law under consideration. It seems to us that the doctrine of ejusdem generis, universally recognized, would exclude from the operation of this law the use of the nickel in the slot ma- chines for the distribution of cigars. (People v. New York, 84 X. Y. 565; People v. Richards, 108 K Y. 137; State v. Gilmore, 11 S. W. Rep. 620 ; Com. v. Kemmerer, 13 S. W. Eep. 108 ; State v. Black, 75 Wis. 492 ; Alabama v. Montague, 117 U. S. 609 ; Shirk v. People, 121 111. 65 ; Rennick v. Boyd, 99 Penn. St. 555; McDade v. People, 29 Mich. 44; Mclntyre v. Ingraham, 35 Miss. 53 ; City of Lynchhurg v. Norfolk, etc., 56 A. M. Rep. 592, 80 Va. 237; State v. McGarry, 21 Wis. 503; American, etc. Co. v. Moore et al.y 5 Mich. 368 ; White v. July, etc., 34 Ga. 199 ; Com. v. Dejardin, 126 Mass. 47 ; City of St. 350 State v. Woodman. [Mar.T/02 Louis V. Laughlin, 49 Mo. 559; Power v. Commissioners, 7 Mont. 86.) A penal statute must be strictly construed, and no considera- tion of public policy will allow a court to construe a statute to embrace an offense not clearly within its terms. {Ming v. Truett, 1 Mont. 326; State v. Ha/ys, 13 Mont. 119.) M7\ James' Donovan, Attorney General, for the State. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. The defendant was charged by information with a violation of the Act of the Seventh* I>egislative Assembly (Laws 1901, p. 16G), by willfully and unlawfully running and conducting, and permitting to be run and conducted, a certain nickel in the slot machine for cigars, in his cigar store in the city of Helena. A general demurrer was interposed to the information, and over- ruled. Thereupon the defendant entered his plea of not guilty. A trial was had, which resulted in a verdict of conviction. A motion in arrest of judgment w^as overruled, and the defendant was sentenced to pay a fine. The facts submitted to the jury were embodied in an agreed statement, signed by counsel, and are as follows: "On the 23d day of September, 1901, Elmer E. Woodman was running a cigar store in the city of Helena, Lewis and Clarke county, Montana. On said day he had on his counter what is known as a ^nickel in the slot machine.' This machine is a contrivance which has a pack of cards on rollers, exhibiting five cards at a time, and with an aperture for the deposit of a nickel. When tliQ nickel is deposited a spring is pressed, which sets the roller revolving, and when the revolu- tion ceases five ( ards are brought into view out of the fifty-two cards in the pack. Under rules wliic}i govern the machine, if in those five cai-ds thus appearing a pair of kings appears, the player gets one cigar; if a pair of aces, two cigars are paid; if two pairs are shown in the five cards, the player gets two cigars; if three of a kind are shown, the player gets three 26 Mont.] State v. Woodman. 351 cigars ; if a straight (that is, five cards of consecutive numbers) or a flush (that is, five cards of the same suit) is shown, the player gets five cigars ; if a full hand (that is, three of one kind and a pair) is shown, the player gets ten cigars; and if a straight flush (that is, five cards of consecutive numbers of the same suit) is shown, the player gets twenty-five cigars ; and if a royal flush (that is, an ace, king, queen, jack, and ten spot of the 5ame suit) is shown, the player gets one hundred cigars for five cents. If of the five cards then exhibited in the manner alx)ve set forth none of the above combinations appear, the player gets nothing ; but the player takes the chance of getting for five cents one cigar, or for five cents he may get two cigars, or for five cents he may get three cigars, or for five cents he may get five cigars, or for five cents he may get ten, cigars, or for five cents he may get twenty-five cigars, or for five cents he may get one hundred cigars, or for five cents he may get nothing. The cigars distributed sell for and are worth twelve and one-half cents each. On the 23d day of September, 1901, Knute Opheim went into the store of Elmer E. Woodman, and commenced playing the nickel in the slot machine above described. On this occa- sion he played ten nickels. For some of said nickels he received nothing whatever. With some of the nickels the cards appear- ing were in such combinations that he got nothing whatever, and in one instance the combination of the cards was such that for the nickel he got two cigars. On the same day August Fack put one nickel into the slot machine and got nothing whatever, and he put in a second nickel and two pairs of cards were ex- hibited, and ho got two cigars. On the third nickel placed in said slot machine he got nothing whatever. On the fourth nickel he got -nothing whatever. On the fifth nickel so placed in said slot machine he got three cards of the same kind, and received three cigars, making a total of five cigars that he got for tlie five nickels that he deposited. Ed. S. Walker deposited several nickels in said machine on the above-named date, and received nothing whatever for tlie same. Others on the same 352 State v. Wood3ian. [Mar.T.'02 occasion deposite<l nickels in the said machine, pressed the lever, the cards revolved, but they received nothing whatever for the money so deposited. Others deposited nickels in the said machine, and the cards so appeared that they received cigars greater in value than the nickels so deposited. Xo checks of anv kind were used or issued bv tlie defendant Elmer E. Woodman while said machine was being playeil. This machine was placed, operated and conducted in the city of Helena, I^wis and Clarke county, state of Montana. At the time of the pass- age of the law under which tliis prosecution is brought, there were in use and operation in the city of Helena and elsewhere in Montana nickel in the slot machines of different kinds, in the operation of which the player was paid in money instead of cigars; that is, money exclusively." The defendant has appealed from the judgment, and, not challenging the sufficiency of the information in other respects, presents for determination two questions raised by his demur- rer and motion in arrest of the judgment upon the validity and construction of that section of the statute under which the con- viction was had. These questions are: (1) Is section 2 of the Act unconstitutional because it is class legislation? And, (2) admitting the constitutionality of tliis section, does the use of a nickel in the slot machine for the distribution of cigars, as shown by the facts in this case, fairly fall within its terms ? 1. The Act is entitled "An Act to prohibit gambling within the state of Montana, to provide penalties for violations of this act," etc. The parts of it pertinent here are the following: "Section 1. Every person who deals plays, carries on, opens or causes to be openeil, or who conducts or causes to be con- ducted, either as owner or employee, any game of monte, lans- qucntet [lansquenet], rouge et noir, dondo, tan, fan-tan, per- centage, stud horse poker, craj^s, seven and a half, twenty-one, or any banking or percentage game, or any game commonly known as a sure thing game, for money, checks, credits, or any representative of value, or for any property or thing whatever, any peeposcope or nickel-in-the-slot machine, exposing to view 26 Mont.] State v. Woodman. 358 lewd, indecent or obBcene pictures, is punishable by a fine of not less than five hundred dollars nor more than one thousand dollars, and every person convicted of a violation of this sec- tion must be imprisoned until such fine and costs are paid. "Sec* 2.* Every person who carries on, opens or causes to be opened or w^ho conducts or causes to be conducted, any game of faro, roulette, draw poker, stud horse poker, or what is com- monly called round-the^table poker, or solo, or any game of chance played with cards, dice or any device whatever, or who runs or conducts any nickel-in-the-slot machine or other similar machine or permits the same to be run or conducted, other than the games commonly known as sure-thing gamee, for money, cheeks, credits, or any representative of value, or for any prop- erty or thing .vhatever, and any person owning or in charge of any saloon, beer hall, bar room, cigar store or other place of business or any place where drinks are sold or served, who permits any of the games mentioned in this section to be played in or about such saloon, beer hall, bar Toom, cigar store or other place of business, or place where drinks are sold or served, is punishable by a fine of not less than $100.00 nor more than $1,000.00 ; and every person convicted of a violation of Section 2 of ihis Act must be imprisoned until such fine and costs are paid.'^ From an inspection of these provisions it is apparent that the purpose of the legislature in enacting the first section was to prohibit entirely the games of chance enumerated therein, as well as all similar ones, and to declare guilty of a misde- meanor all persons engaging in them, including the proprietors as well as those playing on the outsida All of these games, besides involving the vice of gambling, also afford to the pro- prietor or dealer an undue advantage over one playing on the outside, enabling him, at will, by fraudulent dealing or the use of unfair devices, to ffeece the unwary. No fault is found with this section, except that it is suggested that the mention of peeposcopes or nickel in the slot machines exposing to view lewd pictures, etc., extends it to a subject not mentioned in the Vol. xxvi-28 354 State v. Woodman. " [Mar.T.'02 title, and that it is therefore void to the extent of the provision on this subject Upon this point we express no opinion, as no "question concerning it arises here. Counsel calls attention -to the fact that this section denounces as misdemeanauts botli the proprietor of the games and those >vho play at them as patrons, and says that in this respect it makes no discrimination as between persons who engage in the prohibited gam«,^, whereas the second section punishes the pro- prietor only, and grants immunity to the patrons; thus making an unjust discrimination between persons who are under like circumstances with reference to the subject of the legislation. In other words, the argument is that, because the second sec- tion does not make special mention of the patrons of the games enumerated therein, it affords them immunity, and therefore in this respect contravenes constitutional provisions prohibiting sjiecial legislation. There is, perhaps, ground for argument that, though the section does not in terms include the patrons, they might still be held guilty of aiding in the commission of the act declared a misdemeanor, and punished under Sections 19 and 1225 of the Penal Code. These latter provide for the conviction and punishment of misdemeanants, and their aiders and abettors, in cases to which no special provision of law is applicable. But disregarding this suggestion, and reserving any opinion thereon, we do not think the objection to the second section on the ground uiged is maintainable. Conceding that the patrons of the games enumerated in this section enjoy im- munity, the provision is not obnoxious to any provision of our constitution. The intention of the legislature, as expressed in this section, was clearly to prohibit proprietory games; that is, to prohibit the opening and running of gambling houses, as well as pro- prietory games in beer halls, bar rooms, cigar stores, or other places Qf businr^s, or places where drinks are served or sold, for the purpose of gain, either by means of the games them- selves or from extra custom attracted by them. The design was to prohibit tlie resorts to which those individuals minded to 26 Mont] State v. Woodman. 855 engage in gaming are attracted by means of the associations and facilities afforded. It makes no exception of the class of per- sons who fall within the scope of its operation, but' applies to all Avho are brought within the relations and circumstances provided for by it. Such statutory enactments are not special, within the meaning of the clause of the constitution prohibiting special legislation. (State ex rel. Lloyd v. Rotwitt, 15 Mont 38, 37 Pac. 845.) Very many laws do not operate alike upon all citizens of the state. They are nevertheless general in their application, because they include all citizens who are in a like situation. For example, the Penal Code (Section V49) de- nounces as a felony the engaging in, promoting, encouraging, or . instigating a prize fight It also pTOvides (Section 750) that one \vho is willfully present as a spectator at such a fight shall be deemed guilty of a misdemeanor only. The validity of this legislation has never been questioned, yet it clearly dis- criminates between the classes of citizens connected with the same violation of the law. But he who engages in or promotes the crime actively is properly held to be worthy of a more severe punishment, because he has enticed others to lend their pres- ence and encouragement to his criminal enterprise. It is the duty of the legislature to recognize the different relations the citizens bear to the subject-matter of the particular legislation, and to shape it so as to make it uniform as to all persons in the bame class. Having done this, it is free to make such discrimination as it deems proper between the different classes, so long as it violates no express or necessarily implied constitutional prohibition. In this instance, as in many others which might be cited as examples, it has done this, and no just complaint can be made of its action on the ground that it has discriminated in favor of a particular class of citizens. 2. The prohibition in the statute is against the conducting, directly or indirectly, any of the enumerated games "for money, checks, credits, or any representative of value, or for any prop- erty or thing whatever." Counsel invoke the rule of construc- tion that, where general words follow particular ones, they 356 State v. Woodman. [Mar.T.'02 must be construed as applieable to things of the same class, and contend that inasmuch as the general expression, ^^any property or thing whatever," follows the particular words, "monqr, checks, credits," etc., it must be held to include only things ejusdem generis with those specifically named. It follows from an application of this rule, they say, that the general expression does not suggest any special legislative intent, and therrfore that nickel in the slot machines for the distribution of cigars or other merchandise do not fall within the prohibition. As to the character of the machines, the use of which is prohibited,, it is clear from the context that the legislature had in mind those similar to the one shown by the evidence to have been in use by the defendant, the operation of which involves the ele- ment of chance. It is not possible that it was purposed to pre- vent the use of automatic machines to sell gum, salted peanuts,, and other such articles, which always deliver the same amount when the specified price is deposited. Assuming, thereforey that the statute has no application to machines of the latter class, which is the rule of construction applicable to the ex- pression, "any property or thing whatever" ? In the connection in which it is found, does it include cigars and other articles of merchandise ? We think it does. The rule invoked by coun- sel is well established. (Sutherland, St Const. Sec. 268 et seq.) It is, however, but a rule of construction to be used as ^n aid in ascertaining the legislative intent, and not for the purpose of controlling the intention of a statute or of confining its operation to narrower limits than the legislature intended. (Id. Sec. 279.) It must be used in connection with other rules of equal importance, such as that the meaning of a statute is to be gathered from the languge employed in it, and that every word of it must be taken in its ordinary signification, unless it was clearly the intention of the legislature, as gathered from the context, to restrict its meaning. (Id. Sec 279; Blacky Interp. Law, Sec. 63 ; State ex rel. KrUghi v. Cwe, 20 Mont. 468, 62 Pac. 200.) In our opinion, the expression involved here does not call for an application of the rule. It must sig- 26 Mont] State v. Woodmax. 357 nify something beyond the specific articles enumerated, or else it must be rejected entirely, as having no import whatever. The enumeration includes every species of property of the classes to which the particulars belong. "Money'^ includes all money; "checks" includes all kinds of articles embraced under that designation ; "credits" is a term of universal application to obligations due and to become due ; and when we consider the expression, "any representative of value," there is nothing left of any of the classes of property enumerated; and unless the words, "any property or thing whatever," were designed to in- clude merchandise, such as cigars and similar articles, then, as we have said, it must be rejected entirely as of no import what- ever. This may not be done. (State ex rel. Knight v. Ciwe, supra.) The evidence submitted shows clearly that the defendant was conducting, by the use of his machine, a species of gambling game which it is the intention of the statute to prohibit Each person who played with it deposited his money in it upon the chance of obtaining more than he had staked, and he was in fact paid more than the amount of his deposit^ or nothing, ac- cording to the value of the hand of cards automatically dealt to him. That he waa paid in merchandise instead of money does not alter the result The conviction was proper, and the judgment must be affirmed. Affirmed. 1» &58 as 602 2H" a'ls; «27 M 27 244 36 868 28 86 e2R 87 358 Ix RE Reilly's Estate. [Mar.T/02 In re REILLY'S ESTATE. MADIGAX, Appellant, t\ HARRIXOTOX et al.. Respondents. (No. 1,521.) On Motion to Dismiss Appeals. (Submitted March 5, 1902. Decided March 10, 1902.) Appeal — Inline — Xew Trial — Notice of Intention — Affirmance or Di.wii^sal — Procedure. 1. I'nder Code of Civil Procedure. Sees. 1722, 1723, aa amended bj Laws 1899, p. 146, providing- that an appeal may be talcen from a Jadgment or order concerning the validity of a will within (M> days after it is made or entered or filed with the clerk, an appeal talcen January 5th, 1900, from a Judgment refusing revocation of the probate of a will entered on April 8th, 1899. will be dismissed. 2. Since the notice of intention to move for a new trial is not one of the papers required to be sent up by copy by Code of Civil Procedure, Sees. 1176, 1738, but should be embraced in the statement or bill of exceptions* which are of the required papers, where it is not so embraced, though all the papers required by statute are before the court, the dismissal of the appeal is not the proper remedy, but the order denying the motion for a new trial will be afiirmed. Appeal from District Courtj Silver Bow County; John Lind- say, Judge. Proceedings by ^Mary Madigan against P. S. Harrington, executor of James M. Reilly, deceased, and others, to revoke tlie probate of a will. From a judgment for defendants, and from an order refusing a new trial, plaintiff appeals. Appeal from the judgment dismissed, and the order denying the mo- tion for new^ trial aflBrmed. Mr. I). II, Kehoe, for Appellant. . Messrs. McIIatton & Cotter, for Respondents. ]yiR JUSTICE PIGOTT delivered the opinion of the court On the 8th day of April, 1899, there was entered in the dis- 26 Mont.] In re E»eilly''s Estate. 359 trict court of Silver Bow county a judgment declaring that a paper purporting to be the last will and testament of James M. Eeilly, deceased, was his last will and testament, and that the will was duly executed, published and witnessed as required by law, and denying the petition of Mary Madigan to revoke the probate thereof. A motion for a new trial was denied. On the 5th day of January, 1900, Madigan filed and served her notice of appeal to the supreme court from the judgment and the order refusing a new trial. 1. The respondents move that the attempted api)eal from the judgment be dismissed, for the reason tliat it was not taken within sixty days after the entry of the judgment Sections 1722 and 1723 of the Code of Civil Procedure, as amended by House Bill No. 124 (Laws of 1899, page 146), provide that an appeal may be taken from a judgment or order against or in favor of the validity of a will, within sixty days after it is made or entered, or filed with the clerk. The judgmc-nt in this case was in favor of the validity of a will, and was entered on April 8, 1899. The supposed appeal was taken on January 5, 1900, more than sixty days therafter; hence the appeal from the judgment must be dismissed. 2. The respondents move to affirm the order refusing a new trial, or (in the alternative) to dismiss the appeal therefrom, upon the ground that the notice of intention to move for a new trial is not contained in any statement on motion for a new trial or bill of exceptions. We are of the opinion that the motion to affirm should be granted. As we have repeatedly declared, such notice is not part of the judgment roll, nor one of the papers required by Sections 1176 and 1738 of the Code of Civil Procedure to be sent up by copy. The statement or bill of exceptions on motion for new trial should embrace the no- tice of intention to move for a new trial, which is the initial step towards securing a re-examination of an issue of fact The giving of such notice may, of course, be waived, and the omis- sion from the bill of exceptions or statement on motion for a new trial of such a notice, when one has been given, may also I 3eO ' BuENs t. Xaptox. [M.r.T.'02 be waived. (H«.^«n v. Lyr.U, 21 Mont. 36 52 Pa. 64^0 But there is nothing in this case to show * -"r; . ^,^^ ^on question here raised was decked in Or^n^Uj. ^^^'^^ ^,^^ tana Reports, 222, 50 Pacific ^''ll'^l^T^^JlucX. is of the contrary rule which prevails in California, ana announced in Pico v. Cok., 78 California ^^^^^^^^^^ Pacific Reporter, 706, and in KaKn ;-/^'^7;Jf,™„,, Eeports, 643, 53 Pacific Reporter, 24. WeJ^e^^ ^ ^ OHnnell v. Davis, for the reason that the P^««"«^ settled, and for the further reason that we are inclined to be lieve the Orimieil Cote- is correct on principle. ^ Counsel for the appellant does not make any Pe'^t"^^"* «J jection to, or arguiuent, or ^^^^^■^;^.^Zt ^^^^^^^^^ the motion. Indeed, he frankly admits that «nl«««Jf ^ of intention is proi^rly before us, the cause cannot be heard o determined on .Us merits. Under these circumstances it should seem manifest that the order appealed from ough to be a^ firmed. Dismissal of the appeal is not the technically accurate remedy, for the transcript contains the copies of Ae papm required bv Sections 1176 and .1738 of the Code of Civil rro- oedure to be furnished on appeal. The requisite papers have been furnished by copy ; the defect or omission is in an original paper, namelv, the statement on motion for a new trial. The appeal from the judgment is dismissed, and the order denying the motion for a new trial is afiirmed. Affirmed. BURXS, Plaintiff, v. NAPTON, Judge, Defendant. (No. 1,694.) (Submitted Jannary 27, 1902. Decided March 10, 1902.) Bill of Exceptions — Settletnenl. Where a proposed bill of exceptions and amendmenta propoaed by the adrerae party, but not adopted, were neither presented to lae Judge within ten 26 Mont] Burns v. iffAPTON. 361 daj8 after the proposed amendments were served, nor delivered to the clerk for him within that time, as Code of Civil Procedure, Sec. 1155, re- quires, the court properly refused to settle the bill, the time not having been extended, and no excuse for the delay being shown. Mandamus l)y Felix Burns against Welling Napton, jiidgo of the Third judicial district Alternative writ quashed, and proceeding dismissed. Mr. C. M. Pa/T, for Plaintiff. Mr. Geo. B. Winston, for Defendant. MR JUSTICE PIGOTT delivered the opinion of the court Mandamus. Original. This is a proceeding in mandamus. Upon application of the plaintiff an alternative writ was is- sued commanding the defendant, as judge of the district court of Powell county, to settle and sign a bill of exceptions in the, case of Bums v. Kelly et al., or show cause why he did not dc so. The defendant answered, and the cause has been submitted upon the application and answer. On these the plaintiff de- mands a peremptory writ We have not had the benefit of any argument, oral or written, in behalf of the defendant So far as it Is deemed necessary to state them, the facts are these: On May 8, 1901, judgment against the plaintiff was entered in Burns v. Kelly et al. On May 9 the plaintiff per- fected an appeal from the judgment. On May 15 the parties to that action stipulated in writing that the plaintiff should have twenty days' additional itme within which to "prepare, serve and file statement on appeal." On June 3 the plaintiff sensed on the defendants a draft of his proposed bill of excep- tions, and on June 4 delivered it to the clerk of the district court On June 11 the defendants served on the plaintiff their proposed amendments, expressly reserving the right to object upon several grounds to the settlement of the bill. On June 14 the plaintiff served notice that the proposed amendments would not be adopted. The plaintiff did not within ten days after the service of the amendments, either present the proposed bill and 362 BuRxXS V. Xapton. [^rar-T.'02 amendments to the judge or deliver them to the clerk for the judga On June 25, — ^fourteen days after the amendments were served, — counsel for the plaintifiF notified the defendants by letter that he had written to the "judge asking if he wdll settle the bill of exceptions in the case of Bums v. Kelly et aV* on July 1. The matter of the settlement coming on to be heard on July 1, the defendants objected to a settlement upon many grounds, one being that the plaintiff did not within ten days after service of the proposed amendments present the bill and amendments to the judge upon five days' notice to the defend- ants, nor deliver them to the clerk for the judge within ten days after the service of the amendments. The judge sus- tained the objections and refused to settle the bill. Section 1155 of the Code of Oivil Procedure provides: "When a party desires to have exceptions taken at a trial set- tled in a bill of exceptions, he may, within ten days after the entry of judgment, if the action was tried with a jury, or after receiving notice of the entry of judgment^ if the action were tried without a jury, or such further time as the court in which the action was pending, or a judge thereof, may allow, prepare the draft of a bill, and serve the same, or a copy thereof, upon the adverse party. Such draft must contain all the exceptions taken upon which the party relies. Within ten days after such service the adverse party may propose amendments thereto and serve the same, or a copy thereof, upon the other party. The proposed bill and amendments must, within ten days thereafter be presented by the party seeking the settlement of the bill, to the judge who iried or heard the case, upon five days' notice to the adverse party, or be delivered to the clerk of the court, or judge. When received by the clerk he must immediately de- liver them to the judge, if he be in the county; if he be absent from the county, and either party desire the papers to be for- warded to the judge, the clerk must, upon notice in writing of such parties, immediately forward them by mail, or other safe channel ; if not thus forwarded, the clerk must deliver them to the judge immediately after his return to the county. When 2(» Af(.nf. I BuHNS V. Napton. 363 received from the clerk, the judge must designate the time at which he will settle the bill, and the clerk must immediately notify the parties of such designation. * * * If no amend- ments are served, or if served are allowed, the proposed bill may be presented, with the amendments, if any, to the judge or referee, for settlement without notice to the adverse party. It is the settled law in this jurisdiction that the party seek- ing the settlement of a bill where all the amendments are adopted by him, has a reasonable time within which to present the bill and amendments for settlement and is not limited to the ten day period prescribed for cases where amendments are re- jected. (Woodard v. Webster, 20 Mont. 279, 50 Pac. 791.) If, however, the amendments are not agreed to, the party seek- ing settlement must, unless the time be enlarged or sufficient excuse for delay be shown, do one of two things within ten days after the service of the proposed amendments : First, he must present the proposed bill and amendments — not one, but both — to the judge upon five days' notice to the adverse party; or, secondly, he must deliver the proposed bill and amendments — not one, but both — to the clerk of the court for the judge. Such is the plain language and meaning of Section 1155, supra. In the case at bar the plaintiff neidier presented the proposed bill and amendments to the judge (on notice or without notice) nor delivered them to the clerk within ten days after June 11, "which was the day on which the amendments were served. We remark, in passing, that if the delivery of the proposed state- ment on June 4, had been followed by a delivery of the pro- posed amendments within the ten days succeeding the service of them, with the avowed intention on the part of the plaintiff to leave both the statement and amendments for the judge, the statute might have been satisfied in the respect mention^ ; the delivery of the amendments to the clerk for the judge would doubtless be tantamount to a new delivery of the statement. It does not appear that the plaintiff ever delivered the amendments to the clerk. It does not appear that there was any extension 364 Burns v. Xapton. [Mar.T/02 of time agreed upon between the parties or granted by the court; nor did the plaintiff offer any excuse for his omission. It was therefore not the duty of the judge, the defendants objecting, to settle the bill proposed. It is hardly needful to cite cases in support of this conclusion ; there are many such : Harding v. McLaughlin, 23 Montana Keports, at page 336, 58 Pacific Reporter, at page 865 ; Henry v. Merguire, 106 California Ke- ports, 142, 39 Pacific Reporter, 599 ; Connor v. SotUhem Cali- fornia Motor Road Co., 101 California Reports, 429, 35 Pa- cific Reporter, 090; Tregambo v. Cormmche M. & M. Co., 57 California Reports, 501 ; Higgins v. Mahowey, 50 California Reports, 444. In the consideration of this case we have assumed that the stipulation of May 15 with respect to the preparation and ser- vice of a "statement on appeal" was sufficient to authorize the service of the proposed bill of exceptions, and that the letter of June 25 was, in form, sufficient notice of an intended pre- sentation of the bill and amendments for settlement. These questions we do not decide but expressly reserve, the determi- nation of either being unnecessary. The alternative writ of mandate is quashed and the proceed- ing is dismissed. Dismissed. 26 Mont.] Ix HE Petition of Boyle ex al. 865 26 IVV) IN RE PETITION OF BOYLE et al. .S liSi STATE EX REL. BOYLE et al.. Petitioners, v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT et al.. Defendants. (No. 1,761.) (Submitted February 3, 1902. Decided March 13, 1002.) Itesiraimng Order — Contempt — Habeas Corpus — Cerlio- rari — Revie ic — Costs. 1. Where one Is committed for contempt for violation of a restraining order^ and the trial court has Jurisdiction of the subject-matter and of the par- ties, the suflBclency of the cTidence cannot be reyiewed on habeas corpus. 2. On eerHorari issued in aid of a writ of habeas corpus to secure the release of one committed for violation of a restraining order, the remedy by oer- tiarari only authorizes the court to determine that the lower court had Jurisdiction of the subject-matter and of the parties, and that it regularly pursued its authority, and does not authorise an examination of the snflB- ciency of the eyidence. On Motion to Tax Costs. Where, on habeas corpus, and certiorari in aid thereof to review an order of commitment in a contempt proceeding, relator asked that the evidence be certified up, defendant, on dismissal at the cost of relator, is entitled to costs for the expense of transcribing the evidence into longhand. Application by J. Boyle and others for haieas corpus to SiX^ure their release from custody under a commitment for viola- tion of a restraining order, and, in< aid thereof^ certiorari by the state, on the relation of J. Boyle and others, to the district court of the Second judicial district for the county of Silver Bow, and the Honorable William Clancy, judge thereof. Write quashed. Mr. Alexander Mackel, and Mr. J. E.^Healy, for Petitioners. Messrs. McHatton & Cotter, for Defendants. b27 i:g! 366 Is HE Petition of Boyle et al. [Mar.T/02 MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. Application for a writ of Juibeas corpus and for certiorari in aid thereof. The complainants were adjudged guilty of a con- tempt, committed by the violation of a restraining order issued by the district court of Silver Bow county in a cause therein pending, in which Celestia Nixon is plaintiff, and the petitioner Boyle and others are defendants. They were sentenced to pay fines, and, in default of payment, were committed to the county jail, to be confined until the fines should be satisfied under the provisions of Section 2224 of the Penal Coda Complainants allege that their imprisonment is illegal, for the reason that the evidence adduced at the hearing did not tend to show that they had violated the order in question, and that the judgment of conviction, based upon a finding thereon adverse to the defend- ants, is unauthorized and void. Both writs were issued, and the record was certified up. Upon consideration of the question raised by the petition, we have reached the conclusion that we have no power, in this proceeding, to ]ook into the evidence adduced by the parties, and to determine therefrom whether the district court erred in its action thereon. It had jurisdiction of the subjectrmatter of the action wherein the restraining order was issued, and of the parties thereto. It also regularly acquired jurisdiction of the complainants. They were arrested under an attachment regularly issued, upon affidavit by the plaintiff setting forth the facts constituting the violation of the restraining order. The court heard the evidence, and made its finding thereon. The finding is conclusive upon this court in this proceeding, and we cannot interfere, even though it be conceded that there was no evidence to support it The writ of habeas corpus may not be used to correct errors in proceedings which are within the jurisdiction of the*trial court; nor may wei^ upon certiorari issued in aid thereof, go further than to ascertain that the court had jurisdiction of the subject-matter of the controversy and 2G Mont.] In be Petition or Boyle et al. 367 of the parties, and tbat it regularly pursued its authority. The evidence submitted at the hearing is incorporated in the record, but is not, under the law, properly a part of it, and cannot be looked to in order to correct the alleged erroneous findings made thereon. In the case of State ex rel. Simard v. Fourth Judicial District Court, 13 Mont. 347, 34 Pac. 39, this court, upon certiorari, examined the evidence submitted at the hearing in a contempt proceeding, and sustained the action of the dis- trict court ther(3on. But the power to make such review was not called in question, and the case seems to have been sub- mitted upon the theory that the review could go to the same extent as if the case had been presented upon appeal. This case may not be looked to, however, as subversive of the rule which wo have followed in the present case, and which has the sanction of tlie courts in all those states where the writ of cer- tioraH is confined to its common-law functions. Many other qiiestions were raised by counsel at the hearing, but they do not fall within the purview of the present applica- tion, and it is not necessary to consider and determine them. The writs are accordingly quashed and set aside, the pro- <;eeding is dismissed, and the complainants are remanded to tlie custody of the sheriff of Silver Bow county. Dismissed. On Motion to Tax Costs. (Submitted March 27, 1902. Decided April 7, 1902.) MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. Motion to tax costs. This was an original application to this court for a writ of habeas corpus, and for certiorari in aid 368 Ix BE Petition of Boyle et al. [Mar.T.'02 thereof, by which the relators sought a discharge from the jail of Silver Bow county, to which lliey had been committed by an order of the district court of the Second judicial district in de- fault of the payment of a fine imposed in violation of a tern* porary restraining order issued in a cause entitled ^'Celestia Nixon V. Geo. W. Andrews .et al." The application was dis- missed, after consideration, at the cost of the relators. (68 Pac. 470.) Counsel for the defendants having filed a memo- randum of costs with the clerk, the relators have moved to strike out therefrom an item of $39.30 charged for transcript of the evidence returned by the clerk of the district court in obedience to the writ of certioraH. Xo suggestion is made that the item objected to is unreasonable in amount, nor that the expense of preparing the transcript of the evidence was not actually in- curred. It is claimed, however, that that item is not a proper charge, under the rule laid down in State ex rel. Baker v. Sec- ond Judicial District Court, 24 Mont 425, 62 Pac. 688. Coun- sel, however, fails to draw the distinction between the class of cases considered in State ex rel. Baker v. Second Judicial Dis- trict Court, and the class mentioned in Section 1860 of the Code of Civil Procedure. The order complained of was made in a contempt proceeding in the district court That was a special proceeding. (State ex rel. Healy v. District Court of Second Judicial District, ante, p. 224, 68 Pac 470.) It was therefore a decision made in a special proceeding, and brought before this court in a manner other than by appeal. The defendant is therefore entitled to recover all costs properly incurred. Thia court was asked by relator to have the evidence taken at the hearing in the district court certified up by that court, which was accordingly done. The defendant therefore necessarilj incurred the costs incident to tlie preparation of it> and under the provisions of Section 1860, supra, is entitled to recover the expense of it, as a proper disbursement. It is said by counsel for defendants that the item in contro- versy should be allowed for the reason that it was incurred by defendants under circumstances similar to 20 Mont.] State ex kel. Barker v. Dist, Ct. 369 those presented in State ex rel, Kinsg v. District Court of Second Judicial Disiiict, 25 Mont. 1, 63 Pac. 402. Speaking generally, this is true, for tlie clerk cannot transcribe the notes of the stenographer until they have been extended in longhand. For the expense of such extension, whenever the evidence is reijuired to be included in the record, costs may be recovered, even though for the transcript of the records in the clerk's office, which the clerk can make himself, no fee is allowed. In the class of cases to which the present l^elongs, and w-hich fall under Section 1860, supra, all costs necessarily incurred may be recovered under that section also. The motion is therefore overruled. STATE ex rel. BARKER^ Relator, v. DISTRICT COURT OF THE EIGHTH JUDICIAL DISr TRICT, Respondent. (No. 1.702.) (Submitted March 17, 1902. Decided March 20, 1902.) Administrators — Settlemeni of Accounts — Tumin/f Over Prop- eHy to Special Adrninistratrioo — Jurisdiction to Require — Certicn'ari. 1. The district court, In settling the account of an administrator, had Juris- diction to require him to turn over to the special administratrix certain property which had come Into his possession in his representative capacity, though there was a dispute as to the ownership of the property, the admin- istrator claiming it in his private capacity as agent for a third party. *2. The administrator, In his private capacity, was not a party in interest aggrieved by the order requiring him to turn over the property, and could not bring certiwrari to have it reviewed. Mb. Justice Pigott dissenting. Cebtioraki bv the state, on the relation of David L. S. Bar- ker, to review an order of the district court of the Eighth Vol XXVl-24 370 State ex eel. Baskeb r. Dist. Ct. [Mar.T/02 juilirial <lL3trict cf Montana in and for Cascade county. Writ qua-lK-'l, and proceedings dismissed. Mr. Fletcher iladdor, Mr. II. G, Mclntire and Mr. S. H. Mclniire, for iielator. Mr. W. G. Downing, Mr. T. E. Brady and Mr. W. V. O'Leary, for Respondent. MR. JUSTICE MILBURX delivered the opinion of the court. Til is cause is l^fore the court upon the motion of respondent to quash the certain writ of certiorari heretofore issued herein, and to dismiss the proceedings. By an order of the district court, in probate, D. L. S. Barker, administrator of the e;?tate of E. J. Barker, deceased, having resigned his office, was required to turn over to Marcella Bar- ker, si)eeial administratrix, certain mining stock certificates, said Marcella Barker having been duly appointed as such i*pccial administratrix. Mr. Barker prays in his petition herein that the order of the court be annulled on the ground that the court exceeded its jurisdiction. His petition is made in propria ])crsona, and not as administrator, he setting up that the cer- tificates are in iiis possession as the agent of one Jane Barker, who, he says_, is the owner thereof, and that they were not at any time the property of the deceased. We may not go into the evidence to determine who owned f»r owns the stoL'k. It appears from the record certified to thi-j court that at the time the court below made the order com- })lained of by ])etitioner the certificates were in the hands of ^Ir. Barker, who was then settling his accounts as adminis- trator, and that they had been in his hands while acting as administrator, having, as the court states in its order, received them into his possession with certain other effects found in the possession of the intestate at the time of his death, the said certificates having been issued in the name of Jane Barker, and 26 Mont.] State ex rel. Barker v, Dist. Ct. 371 by her indorsed in blank; and thus the property in question would appear prima facie to be the property of the estate. On the one side it was contended that the certificates be- longed to the estate ; on the other part it was asserted that they were, and always had been, the property of Jane Barker, and were and are held by D. L. S. Barker as her agent, and not as the administrator of the estate. While it appears that the court below seems to have gone into the question as to who was the owner of the property, and into the matter of who had possession of the certificates, at the time of the death of the intestate, it is only necessary for us to find that the court had before it a dispute as to who owned said property which the administrator had in his hands at the time he was settling his accounts. It is not disputed that the property came into his hands by virtue of his appointment as administrator. The fact that while ho was the administrator lie Avas also claiming the right of possession in his private ca- pacity does not alter the case, for as administrator he was also the officer of the court; and the eflfect of the order was and is to retain under the control of the court property which prima facie appeared to belong to the estate until the question of ownership or right of possession may be settled in a proper ac- tion in the proper forum. This certainly was within the juris- distion of the probate side of the district court. The adminis- trator must get his orders from the court, and must obey all lawful orders. He may, if he be entitled to the possession of the property, and under protest, perhaps, leave it in the pos- session of the court, fearing punishment for contempt if he disobey ; and, if he believe that he has the right to the posses- sion of the certificates, bring appropriate action against the special administratrix to recover the same. Nothing herein contained should be understood as, or mis- construed into, a holding that the district court in probate pro- ceedings could lawfully and conclusively decide the dispute as to who was the real owner of the certificates. The court did not exceed its jurisdiction in requiring the 378 State kx eel. Fixlex r. Dist. Ct. [Mar.T.'02 administrator to turn over the property to the court's o&ceTy to- M'it, the special administratrix, leaving Jane Barker and D. L. S. Barker to proper proceedings in the proper forum to estab- ]ii<h whatever rights they, or either of them, may have in the property or to the possession thereof. As a private citizen, Mr. Barker is a stranger to the probate proceedings, so far as the record shows, and is not a party in interest aggrieved by the said order, and for this reason also the writ must oe quashed. Writ quasht.»d and proceedings dismissed. Dismissed. !Mr. Chief Justice Braxtly : I concur. Mr. Justice Pigott: I dissent. Rehearing denied April 2, 1902. STATE EX REL. FINLEN, Relator, v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT et al.. Respondents. (No. 1J84.) (Submitted March 21, 1902. Decided March 25, 1902.) Mandamus — Hearing on Return to Altemaiive WrU — New Trial — Scandalous Affidavits in Support — Discretion of Trial Court in Striking Out — Un/necessary Delay in Deter- mining Motion for Nexo Trial — Burden of Proof. 1. An order of the trial court striking out affidavits filed in support of a mo- tion for a new trial on the ground that they were disrespectfal, scandalous and contemptuous, being an order made in the exercise of the court's dis- cretionary power, mandamuB will not lie to compel their restoration, even though it be conceded that the discretion was not wisely exercised. 2G Mont.] State ex kel. Finlen v. Dist. Ct. 373 2. Where defendant claims that his answer made to an alternative writ of mandate shows a compliance therewith, the relator may controvert the truth of such answer and thus to enlighten the court as to w^hat further order the court should make. 3. Obiter: The trial court has no power to prevent the party claiming to be aggrieved by an order striking out — as being scandalous and contemptuous — affidavits filed in support of a motion for new trial from having the same reviewed by the supreme court, and to this end should settle a bill of ex- ceptions embodying the matter. 4. OMtcr: When matters contained in a pleading or affidavit are pertinent and must be alleged therein in order to have the judgment of the court upon the rights of the parties thereon, even though such matters reflect upon the court or a party, they may not be characterized as scandalous and stricken out by the court. 5. The relator in mandamus to compel the trial judge to determine the mo- tion for a new trial, the decision of which is alleged to be unnecessarily delayed, has the burden of showing such unnecessary delay. 6. The mere fact that the trial judge had delayed the determination of a motion for a new trial for 45 days is not sufficient. In mandamus proceed- ings to compel a decision thereof, to show that the court has unnecessarily delayed the decision. 7. Quaere: Whether an order striking out affidavits In support of a motion for a new trial is an appealable order? Origin' AL mandamus bv the state, on tlie relation of Miles Finlen, against the district court of the Second judicial district of Montana and others. Writ set aside.' Messrs. Forhis & Evans, Mr. A. J. Shores and Mr. C. F. Kelley, for Relator. Messrs. McIIatlon £ Cotter, for Respondents. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. Application for mandamus. In a cause pending in the dis- trict court of Silver Bow county, entitled "Miles Finlen v. F. Aug. Heinze et al.," after a trial by the court without a jury, findings of fact and conclusions of law were made on June 18, 1901, in favor of the defendants. Judgment was entered there- on July 11, 1901. Within the time allowed by the statute, and in conformity with its requirements, the i)laintiff prepared his motion for a new trial, basing the same upon a statement of tlie case and upon affidavits. The statement was properly set- tled and filed svith the clerk. The affidavitr^ M'ere also filed 3Y4: State ex rel. Finlen v. Dist. Ct. [Mar.T.'02 within tlie time allowed by the court for that purpose. On January 11, 1902, the motion came regularly on for hearing, and was submitted to the court without argument for determi- nation, Hon. E. W. Harney being the judge presiding, and was taken under advisement. On February 25, 1902, the motion not having been sooner determined. Miles Finlen, the plaintiff in the cause an.l the relator herein, applied to this court for a peremptory writ of via^\damus to compel the district court and E. W. Harney, the judge, to determine it. The application was made upon the ground that the decision upon the motion had been unreasonably delayed. To the alternative writ issued by this court the said Harney made answer denying the charge of unreasonable delay, and stating that on March 15, and before the return dav, the motion had been determined, Hot because he or the court had been negligent in the performance of their duty in so deferring the decision, but that it had been taken up out of its proj^er order and disposed of, to the end that this court might be saved any trouble or annoyance. Upon the filing of the answer the relator asked leave to controvert the truth of it, and to show that the motion had not been determined, but that the judge had, in fact and of its own motion, first stricken from the files the aifidavits submitted in support of it, and had then denied the mot-ion, thus eliminating from the rocord all matters tendered in supiK)rt of one of the most important grounds \\\Km which the motion was based, and practically evading the conmiand of the alternative writ. *From a certi- fied copy of the entry in the journal of the district court made *At the hearingr, upon the objection of the defendant to the admission of evidence, the court ruled as follows: THE CHIEF JUSTTCE: The greneral objection to the admiaeflon of evi- dence will be overruled. I will make a brief statement of the views of the court upon this matter. It is competent for a defendant upon application for a writ of mandamus to controvert the allegations contained in the affi- davit pertinent to the ultimate question whether the peremptory writ ouerht to issue. In addition to this, whe n answer is made in which the defendant alleges a compliance with the command of the alternative writ, the relator is authorized, under the statute, to controvert the truth of such answer, and thus to enlighten the court as to what further order should be made, if any. Of course, if the answer Is found true, this Is the end Of the con- troversy, except to enter an order disposing of the costs. [O. T. C] 26 Mont.] S TATE EX REL. FiNLEN V. DiST. Ct. 3^5 at the time action was had upon the motion, it was made to appear that the^ affidavits were stricken from the files and or- dered returned to the relator's counsel on the ground that the statements contained in them were disrespectful, scandalous and contemptuous, in that they reflected upon the judge who tried the cause. It also appears that they were thus stricken ou't Ix^fore the motion was determined, and that the matters set forth in them were not considered in support of one ground of the motion. This court was then asked for a peremptory writ of mandamus directing the defendants to restore the affidavits to the files and to determine the motion as submitted. AVhatever rights tlie relator may have in the premises, they cannot be considered in this proceeding. The command of the alteniative writ was that the court and its judge shoirld pro- ceed to determine the motion, or show cause why they had not done so. Under the mandate of the writ, the court and its judge were left to detennine the motion in just the same way as it might have been determined if the writ had not been issued. The sole office .-f the writ was to exi>edite the determination of the motion if it appeared that a decision upon it had been un- necessarily delayed, and not to control the district court in the exercise of its discretion in the premises. In striking out the affidavits, the court exercised a discretion with which we cannot interfere by mandamus. To illustrate: If the motion liad been disjwsed of before this application was made, we would have had no power to compel by mandamus a restoration of the affi- davits to the files. The dish'iet court has the power to deter- mine what is scandalous matter in a pleading, affidavit, or other paper put upon the files, and to order the same to be sti'icken out, to the end that the files may be free from objectionable or scandalous matter. That court, however, has no power to pre- vent the party claiming to be aggrieved by such an order from having the same revieweil in an appropriate way, and to this end should settle a bill of exceptions embodying the matter, so that the order may be properly reviewed by this court. Other- wise, should tliat court have fallen into error and determined 370 State ex kel. Finlex v. Dist. Ct. [Mar. T. '02 that the matters stricken out are scandalous^ when, in fact, they are not, the rights of the moving party might thjis be lost. Mat- ters which are not pertinent to the controversy, and which at the same time reflect upon the court or a party, are properly characterize<l as scandalous. When, however, the same matters are pertinent, and must l)e all(^e<l in the pleading or affidavit in order to have the jiulgment of the- court upon the rights of the parties thert^cm, then they are not in fact scandalous and mav not be so characterized and stricken out. «. There wa.s no evidence offered at the hearing tending to show that the disposition of the motion had been unnecessarily de- layed. The burden was ujxm the relator to show such fact, if it existed. This situation of affairs presented at the hearing necessarily requires this proceeding to be dismissed. This court cannot pr?sume that the district court, or its presiding judge, has willfully or unnecessarily delayinl or refused to determine a matter submitted, merelv because there has been a la])se of 45 days between the date of the submission and the date of the application to this court. Whether or i ot such in- tervening delay was unn«»essarv would depend largely upon the volume of business l)efore the court and the time at its disp(.f.al to devote to it. Xor may we say what course the rehitor should pursue or what remedy he slii/uld a(lo])t, in r.rder to ])resorve his rights in the ]) remises. It was urged at the hearing that the district judge, at the time the motion was determineil in that court, refused to settle a proj.er bill of exceptions for the plaintiff in order that he might present to this court for review the order striking out the affidavits. Whi-tlier or not this is a fact is not now a |)ertinent inquiry. This court liolds that an order striking out a state- ment on moticm for a new trial is an appealable order. {Beach v. ^polcane lianrh cC Wafer Co., 25 Mont. 307, 65 Pac. 106.) Tlie supreme court of (California follows the same rule {Sy- m/jfus V. BunneU, 101 Cal. 223, 35 Pac. T70), the theory beinq that such an order is a special order after final judgment, with- 26 Mout.] State kx kel. Finlex v. Dist. Ct. 377 in the provision of the statute. Whether an order striking out affidavits in supjwrt of the motion is appealable, upon the same theory, has never been decided by this court. Reasoning by analog^', it may seem that it would fall within the terms of the statute; but the supreme court of (California holds to the con- trary, and declares that such an order may be reviewed only on appeal from the order denying a new trial, the statute in each state being the same. (Melde v. Reynolds, 120 Cal. 234, 52 Pac. 491.) We refrain from expressing any opinion, however, until the question is properly raise<l, leaving the relator herein to pursue such reme<ly as he may be advised is suitable to the circumstances. It was plausibly argued by counsel for the relator that the cases of lialcigk v. Disirict Court, 24 Mont. 306, 61 Pac. 991, 81 Am. St. Rep. 431, and Stale ex rel, Do-novari v. District Court of Second Judicial Dist,, 25 Mont 355, 65 Pac. 120, apply directly to this case, and are conclusive as to the power of this court to grant the relief demanded. If the factsin this case had warranted the issuance of the peremptory w^it to com- pel a decision of the motion, — which we have said they do not, — these cases would furnish no precedent for a direction to the district court to restore the affidavits to the files and to pass iqx)n the motion as submitted. In the former case it was held that where the district court refused to take jurisdiction of a second contest of a will, the same being filed before the hearing on probate was had, or, after having obtained jurisdiction, re- fused to proceed in its exercise by reason of an erroneous de- cision of a question of law or practice preseiite<l uiK>n a pre- liminary objection, mandamus was the proper remedy to compel the court to restore to the files such contest, which had been stricken out, and to proceed to a hearing of it. In the second case the court struck from the files a contest of a will presented by the attorney general on behalf of the state, on the grounds that it was filed too late, and that the state had no such interest in the estate as would authorize a contest of the will in its be- half. It was held that mandamus was the proper remedy to 28 378 378 State ex kel. Leysox v. Dist. Ct» [Mar.T/02 compel the court to entertain jurisdiction and to proceed to a hearing. In the present case tlie order striking out the affidavits was made in the exercise of the court's discretionary power, and mandamus will not lie to compel their restoration, even though it be conceded tliat the discretion was not wisely exercised. Let tlie writ be set aside, and the application be dismissed, at tlie cost of the relator. Dismissed. ^Ir. Justice Mii.buk^' : I concur. Mr. Justice Pigott: Though I concur reluctantly, I da so without hesitation. STATE EX REL. LEYSOJS' , Relator, v. DISTRICT COURT • OF THE SECOND JUDICIAL DISTRICT ET AL., ReSPO^JDEXTS. (No. 1,752.) (Submitted March 22, 1902. Decided March 26, 1902.) Cerliorari — Administration — Order of Partial Distribution/ — A])})€alahle Order. Certiorari will not be granted to review an order for the partial distribution of the estate, of a decedent, since there Is an appeal from such order. Certiorari by the state, on the relation of John II. Leyson, administrator of the estate of A. J. Davis, deceased, against the district court of the Second judicial district of the state of Montana, and E. W. Harney, judge thereof. Dismissed. Messrs. Forhis & Mattison, and il/?\ E. N. Harwood, for Relator. Messrs. Clayherg & Gunn, for Respondents. 26 Mont.] KiLVNicu v. Helena Con. Water Co. 379 MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. Application for writ of certiorari to review and annul an order of partial distribution made by the district court of Silver Bow county in the matter of the estate of A. J. Davis, deceased. The writ is denied, for the reason that an appeal lies from the order complained of, and it therefore cannot be reviewed by means of ccrlioraH, (Code of Civil Procedure, Sec. 1721; Id. Sec. 1722, Subd. 3 ; Laws 1899, p. 14G ; Code of Civil Pro- cedure, See. 2832; In re Phillips Estate, 18 Mont. 311, 45 Pac. 222 ; State ex rel. Whiteside v. First Jvdici<d Dist. Court, 2-4 Mont. 552, 03 Pac. 395 ; State ex rel. King et aZ. v. Second Jvdicial Dist. Cowt, 24 Mont. 494, 62 Pac. 820.) Let the application be dismissed. Dismissed. KRA^^ICII, Appellant, v. IIELEXA CONSOLIDATED » oi WATER COMPANY, Respondent. J-379 27 518 (No. 1,439.) |38 236 Appeal — Judgment lioll — Record an Appeal — Bill of Excep- tions— Strilcing from Record — liules of Supreme Court — Briefs. 1. Where a bill of exceptions is prepared and settled under the proylsions of Section 1154, or of Section 1155, of the Code of Civil Procedure, It Is part of the judgment roll described in Section 1100, and when a copy thereof certified as correct is included in the transcript filed on appeal, as required by Section 1736, it should not be stricken from the record on the ground that it was not served or filed in time. 2. Where a bill of exceptions is prepared as a bill on motion for a new trial under the provisions of Subdivision 2 of Section 1173, and is relied upon by the appellant on appeal from the Judgment, It is not embraced in the Judgment roll, but is part of the record on the appeal and as such, when properly furnished by copy to the supreme court, may not be stricken out on the ground that it was not served or filed in time. 380 Kkaxicii r. IIklkna (\)x. Watek Co. [Mar.T.'02 3. Where appellant's brief falls to comply with the requirements of Subdi- vision "a" of Section 3 of Hule X of the Supreme Court, the Judgment appealed from will be affirmed (unless the respondent moves a dismis- sal of the appeal because of such failure). Ajypeal frcnn District Court, Lewis and Clarke County; H. C, Smith, Jud(/e. Action bv William Kranicli against the Helena Consoli- dated Water Company. From a judgment for defendant, plaintiff appeals. ^lotion to strike the bill of exceptions from the record. Dc»nied. Judgment affirmed. Messrs. Sanders cf Sanders, and Mr, 11. J. Burleigh, for Appellant. Messrs. Claj/herg d- Gunn, for Kespondent. ^loTION TO StKIKK Ol'T BiLL OF ExCKPTlOXS. (Submitted March 26. 1902. Decided March 27, 1902.) :MK: justice PIGOTT delivere<l the opinion of the court The plaintiff has app(^aled from a final judgment. The de- fendant moves Ihat the bill of exceptions includcKi in the tran- script be stricken theiefrom for the reason that it was neither served nor filed in time, and is therefore not properly a part of the transcript or record on appeal. The objections of the defendant to the settlement, together with the matter in sup- }X)rt of the ol)j(vtions, aj)pear ujK)n the face of the bill. The record vn apjx^al from a final judgment consists of a co})y of the notice of apj)eal, of the judgment roll, and of any bill of exceptions or statement of the case upon which the ap- pellant relies. (^Section 1786 of the Code of Civil Procedure.) If the bill, the copy of which is sought to be stricken, was pre- pared and settled under the provisions of Section 1154, or of Section 1155, of the Code of Civil Procedure, it is part of tiie judgment roll described in Section 119G, and is authorized or reqiiinnl to be furnished by copy as part of the record on appeal 26 Mont.] Kranicfi r. Helena Cox. Water Co. 381 from the judgment. If it was prepared and settled as a bill on motion for a new trial under the provisions of Subdivision 2 of Section 1173, and is relied upon by the appellant, it is not em- braced in the judgment roll, but is part and parcel of the record on the appeal end as such may be furnished by copy to this court. So far as the motion is concerned, it is not necessary to inquire whether or not the bill is part of the judgment roll. It was settled and certified by the judge of the trial court, and was then filed with the clerk of that court. The appellant relies upon it It is properly embraced in the record on appeal. Whether its contents can be considered is a question which does not now arise. The motion must be denied. ^'IsTone of the properly authenticated and certified papers au- thorized OT required to be furnished to this court upon ap- peals ought ever to be stricken out when presented in conformity with the rules. Their place is in the record. Their effect is properly a matter for determination upon consideration of the case upon the entire record. For example, the notice of inten- tion to move for a new trial is not one of the papers constitut- ing the judgment roll, nor is it one of the papers described in Sections 1176 and 1738 of the Code of Civil Procedure, as required to be furnished on appeal from an order granting or denying a new trial. It is therefore no part of the record on appeal, and hence will be stricken out even if formally certified by copy, as was done in Carr, Ryder & Adams Co, v. dosser, 25 Montana, 149, 63 Pac. 1043. If, however, the notice of intention to move for a new trial be included in a statement or bill of exceptions on motion for a new trial, it is thereby made a constituent part of the record on appeal, and should not be stricken out, even though it may have been served or filed out of time, and must be disregarded upon the submission of the case. So with a statement or bill of exceptions used on the hearing of a motion for a new trial. When certified and brought to this court in the regular mode, it is part and parcel of the record on appeal, and is entitled so to remain, although^ because of some defect or invalidity, such as failure to contain 382 Kr.\,sicii v. Helena Con. Water Co. [i£ar.T.'02 a specification of the particulars in which the widence is in- siiflic-ient, it may not be capable of subserving the purpose for which it was intended, or must be diar^arded because a draft of the proposed statement was not served in time." iBeach v. Spokane Ranch £ Water Co., 25 Mont, 307, 371, 65 Pac. 106, 108.) This rule of practice wo approve. Let the motion be denied. Affeal from Judgment. (Submltlfd April 14, 1902. Decided April 18, 1902.) MR. JUSTICE PIGOTT delivered the opinion of the court. This is an appeal from a judgment entered on December 31, 98. The cause has been submitted on briefs without oral fument. Subdivision a of Section 3- of Rule X of this court provides it the appellant's brief shall contain "a concise abstract or tement of the case, presenting succinctly tlie questions m- Ived, and the manner in which they are raised, which abstract all refer to the page numbers in the transcript in such man- r that pleadings, evidence, orders and judgment may be sily found." We quote the only abstract or statement of the 36 contained in appellant's brief : "Statement of the Case. "The plaintiff was the owner of a tract of land in Helena, which, and as a part of which, was a stream of water. By former adjudication of the court it had been decreed that one the rights and possessions of the plaintiff and his partner IS at the head or upper end of his claim, seven inches of water, ereafter inseparably a part and parcel of his said property. >r many weeics in each year that seven inches was supplied. 26 Mont] KfiANiCii v. Helena Con. Water Co. 383 but at certain periods waters were so diverted from the gulch as that they did not flow to the head of his claim. By the statute of adverse possession in Montana then in force, appli- cable to his right) a period of ten years must elapse to preclude the assertion by him in court of his right During this period he had asserted this right in court and had obtained a decree against the grantors of the defendant annihilating any claim or color of title in them to seven inches of this water, and this defendant stood as a naked trespasser." The statement imparts no information in respect of the action, of the questions in- volved, or of the manner in which they are raised ; nor does it mention the pleadings, evidence, orders, or the judgment, or refer to the pages of the transcript where any of them may- be found. It fails in every respect to comply with any require- ment of Subdivision a of Section 3, supra. Upon the authority of McCleary v. Crowley, 22 Montana Reports, 245, 56 Pacific Reporter, 227, Smith v. Denniff, 23 Montana Reports, 65, 57 Pacific Reporter, 557, Rehberg v. Oreiser, 24 Montana Re- ports, 488, at page 490, 62 Pacific Reporter, 820, and of the many other like cases decided by this court, the judgment must be affirmed. Consideration of the respondent's motion to dismiss the appeal for the reason that the appellant has not furnished the proper record, as well as of the question whether the bill of exceptions is properly before us, is therefore unnecessary. Let the judgment be affirmed. Affirmed. 384 Savings Bank v, Joe Kulffki Co. [Mar.T.'02 JOIIXSOX COUNTY SAVINGS BANK, Appellant, v. JOE KLAFFKI COMPANY, Kespondent. (No. 1,782.) (Submitted March 25, 1902. Decided March 27, 1902.) Appeal — Undertaking on Appeal — Tinie of Filing — Xotice of Appeal — Service by Mail. 1. Under Code of CMvil Procedure, Sec. 1724, an undertakinflr on appeal — unless walyed — must beflled within flye days of the serrice of the notice on the adverse party, and not within flye days from the filing of the notice with the clerk, if the filing occnrs after the date of snch serrice. 2. The time of filing the undertaking on appeal Is not extended by the pro- Tisions of Section 1833 of the Code of Ciyil Procedure, In a case in which the appellee resides at a distance and serylce of the notice of appeal is made through the mails. Appeal from District Court, Silver Bow County; J. B. Mc- Clernan, Judge. Action by the Johnson County Savings Bank against the Joe KlaiFki Company. Judgment was rendered in favor of defendant, and plaintiff appeals. Motion to dismiss appeal sustained. Messrs. Busch & Kremer, for Appellant. Mr. J. W. Stanton, for Respondent MR. JUSTICE PIGOTT delivered the opinion of the court Motion to dismiss appeal. On December 11, 1901, the plaintiff served the defendant with notice of appeal from a judgment, and on December 19, 1901, caused the same to be filed in the office of the clerk of the court below. On the day last mentioned the plaintiff caused to be filed an undertaking on appeal. The respondent moves a dismissal upon the ground that the undertaking was not filed within five days after the •2i\ Munt.] Savincjs Bank r. Joe Klaffki Co. 385 service of the Jiotice of appeal. lu opposition to the iiiQtion the appellant contends that since the undertaking was filed on the same day the notice was filed, though more than five days after its service npon the respondent, the appellant complied with Section 1724 of the (^ode of Civil Proceihire, providing: "An ap})eal is taken by filing with the clerk of the court in which the judgment or order appealed frcHii is entered, a notice stating the apj^eal from the same, or some specific part thereof, and serving a similar notice on the adverse party or his attorney. The order of service is immaterial, but the appeal is ineffectiuil for any purpose unless within five days after ser- vice of the notice of apix?al, an undertaking be filed, or a de- j)osit of money be made with the clerk, as hereinafter pro- vided, or the undertaking be waived by the adverse party in writing.'' Counsel argue that the section requires service of the notice of api^eal upon the clerk as well as upon the adverse party ; that filing with the clerk is ser\'ing that officer ; and that the undertaking, having been filed within five days after service of the notice upon the clerk, w^as in time. They assert that the langtiage of the statute contemplates service upon the clerk, calling particuhir attention to the words: *'The order of service is immaterial." The contention is without merit. Between the filing of a notice with the clerk, and the serving of it upon him, there is a broad distinction, as was pointed out in Territory v. Ilanna, 5 ilontana Keix)rts, 240, .5 Pacific Reporter, 250. Filing the notice with the clerk is one thing. Ser\4ng it upon him is another and a different thinpr. The reason whv the words last quoted were inserted into the statute apj)ears fron» a consideration of the former law, which omitte<l them. (Sec- tions 370, 381, Codified Statutes 1871-72, pp. 107, 110.) It was then nece^jsary that the filing should have preceded or been contemporaneous with the service upon the adverse party {Hastings v. Ilalleclc, 10 Cal. 31; Buffendeau v. EdnioncUon, 24 Cal. 05), and, if the filing was subsequent to the service, no appeal was taken. The addition to the statute of the sen- tence quoted was for the purpose of i)ermitting the notice to be served either before or after the filing, — in other words,. Vol. XXVl-25 380 Savings Bank v. Joe Klaffki Co. [Mar.T/02 under the present statute, tlie order of the service and the filing of the notice is immaterial. Whether both must be on the same day, we do not decide. It is of no consequence which is done first. This is obvious. The matter is somewhat discussed in Ilayne on Xew Trial and Appeal, Section 210, Subd. 2. Appellant's counsel advance another argument against the gi-anting of the motion to dismiss. They say that service of the notice of appeal was by mail, — appellant's counsel residing at Butte, and respondent's counsel at Great Falls, 172 miles distant, — and that the time within which the appellant was required to file the undertaking was extended one day for every twenty-five miles of distance between the two places. They invoke the provisions of Section 1833 of the Code of Civil Procedure providing that service by mail is complete at the time the notice or other paper is deposited in the postoffice, addressed to the person on whom it is to be served, at his office or place of residence, postage paid, ^'but if within a given number of days after such service, a right may be exercised, or an act is to be done by the adverse party, the time within which such right may be exercised or act bo done, is extended one day for every twentv-five miles distance between the place of deposit and the place uf address." Assuming the facts to be as as- serted by counsel, it is enough to say that the respondent — the party served with the notice — is the adverse party. Under Section 1833, tlie party serving a notice can never l)e a party adverse to himself. {Brown v. Green-, 65 Cal. 221, 3 Pac. 811.) The undertaking on appeal was not filed within five days after service of the notice of appeal, and the respondent has not waived his right to move a dismissal. Upon the authority of Hines v. Carl, 22 Montana Reports, 501, 57 Pacific Re- porter, 88, and cases there cited, the motion is granted, and the appeal is dismissed. Dismissed. 26 Mont.] T. C. Power & Bro. v. Murphy. 387 T. C. POWER L' BROTHER, A Corpor^vtiox, Respoxdent, V. MURPHY ET AL.^ Appellants. (No. 1,597.) 26 387/ 31 304/ 26 36 (Submitted March 17, 11)02. Decided March 31, 190*J.) Ug 387 I37 349 Appeal — AdviV'se Party — Service of Notice — DLsinissal — IfJo m Bankruptcy. 1. Where plaintiff recovers judgment in an action to foreclose a mortgage, and a deficiency Judgment against the mortgagor, he falling to answer, he is an Interested and necessary party to an appeal taken by other defend- ants, who claim liens on the mortgaged premises superior to the mortgage, and if notice of such appeal is not served on him, as required by Code of Civil Procedure, Sec. 1724, the appeal will be dismissed. 2. The fact that such mortgagor was adjudged a bankrupt after the appeal was taken will have no effect on a motion to dismiss the appeal. Appeal from District Court, Chateau County; Dudley Dw Base, Judge. Ac^Tiox by T. C. Power & Brother, a coriwration, against John T. Murj)hy, Henry L, Chipman, George D. Patterson and Louisa Patterson. From a judgment for plaintiflF and an order denying a new trial, defendants Murphy and Chipman a])peal. Appeals dismissed. Mr. M. Billiard, and Mr. II. G. Mclntlre, for Appellants. Messrs. Walsh & Nexvmnn, for Respondents. MR. JUSTICE PIGOTT delivered the opinion of the enurt. These are appeals by Murphy and Chipman, two of tlit*^ de- fendants, from the judgment and an order overruling their mo- tion for a new trial. The respondent moves the dismis.^al of the appeals upon the grounds — First, that the appellants have not filed their brief within the time required by the rules of this court; and, secondly, that notice of the appeals was not 388 T. r. Power & Bro. v. Murphy. [Mar.T.'02 served upon the defeiidants George D. Patterson and wife, or on either of them. Tlie action was brought on a note for $3,000, made by Pat- terson to the phiintiflF's assignor, the payment of which was se- cured by a mor*^gage executed by Patterson and wife. The ob- ject of the aetion was to procure a sale of the property mort- gaged, the foreclosure of the equity' of redemption of each of the defendants, and a personal judgment against George D. Patterson in the event the proceeds of such sale should be in- sufficient to satisfy the amount due to the plaintiif. The Pat- tersons were duly served Avith sinnmons and a copy of the coni- l)laint. They made default. The defendants MuqJiy and ("hipman, by answer (which, so far as the transcript discloses, was not served upon the Pattersons), denied the execution of the note and mortgage, or that anything was due or owing upon either, and pleaded affirmatively that at the time the mortgage was made they owned, and still own, undivided interests in the land described in the mortgage, and then had, and ever since have held, a lien upon Patterson's interests therein paramount to the mortgage lien asserted by the plaintiff. Upon trial of the issues joined between the plaintiff and Murphy and Chipman, the court found that the plaintiff's mortgage was the first lien upon a certain part of the land, superior to the title and to tlie lien of Murphy and Chipman ; and further found that Murphy and Chipman's lien on the remainder^of the land was superior to that of the plaintiff's mortgage. Judgment in accordance with the findings w-as entered for the sale of the land and the application of its avails toward satisfaction of the mortgage debt due to the plaintiff, and (if the proceeds of sale should be insufficient to liquidate the plaintiff's demand) for the docket- ing of a deficiency judgment against the defendant George D. Patterson, who was personal^ liable on the note. Murphy and Chipman moved for a new trial, addressing the notice of in- tention to, and serving it uix)n, the Pattersons. The motion was denied. IMuq^hy and (.^hipman then served notice of their appeals from the jiidgiuent and order denying a new trial, but 2() :Moiit.] T. C. PowEu k Bro. v. Murphy. 389 iioither directeil the notice to, nor served it uf)on, Patterson or his wife. Patterson has not appeared in this court; lience the .question whether his vohintar}' appearance would remedy the omission to serve notice of appeal upon him is not presented. By failing to answer the complaint, Patterson a'dmitted the material allegations therein contained to he true, and this is all he admitted. His default was tantamount to consent that a jiulgment in accord with the averments of the complaint might be entered against him. That pleading did not tender any issue to him with re3])ect to Murphy and Chi])man's lien or title. A party to a jiulgment whose rights may be injuriously affected by its reversal or modification is entitled to notice of appeal; the fact that 'le failed to answer the complaint does not de- prive him of such right. Section 1724 of the Code of Civil Procc^lure provides, among other things, that *'an appeal is taten by filing with the clerk of the court in which the judg- ment or order iippealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and sending a similar notice on the adverse party or his attorney." This means, of course, that the notice must be server! upon every adverse party. A party is adverse who has an interest in oppos- ing the object sought to l>e accomplished by the appeal. In the language of (liancellor Walworth in Thompson v. Ellsicorth, 1 Barbour's Cliancery, 024, by adverse party is meant "the party whose interest in relation to the subject of the appeal is in conflict with the reversal of the order or de(!ree appealed from, or the modification sought for by the ai)j)eal." The pur- pose of the api)eals in the present case is to reverse the judg- ment, or to proi»ure its modification, so that the title and lien asserted by the appellants, and which have been declared sulv- ordinate to the 'lemand of the plaintiff, may attach as a charge superior to the plaintiff's demand. The effect of such reversal or modification v.ould be to release (so far as this action is con- cerned) certain of Patterson's property from the prior lien thereon of the respondent as declared by the judgment, thereby diminishing the fund to arise from the decretal sale, and tend- 390 T. C. Power & Bro. v. Murphy. [Mar.T.'02 ing to increase the aniount of any deficiency judgment that might be rendered against Patterson. The appellants seek, by the attempte<l appeals, to have respondent's mortgage declared^ inferior to their title and lien. If the judgment appealed from stands, the respondent must, l)cfore it can have and enforce a ])ersonal judgment against Patterson, exhaust the remedy af- forded by the mortgage, — it must sell the land. Such decretal sale might satisfy the judgment establishing the indebtedness <lue from Patterson to the resjKjndent. If the action had \hh'\\ to fonvlose a mortgage made ]>y an- other j)erson to scvuro payment of Patterson's note, would not Pattersrm have an interest in opjxising the reversal of a judg- ment (Icxdaring t-ucli mortgage paramount to liens set up by cer- tain defendants^ That he would s<»ems clear, flight he not l)e int(»rested in seeking to vacate a judgment declaring the r(vj)<)ndent*s mortgage to Ik* inferior t4> the appellants' liens? The priority of the n^sjHjndent's lien, as (^stal)lishe<l by the judg- ment, is a matter in which Patterson has an interest re<*ognized by the law, and be is interesttnl in maintaining the integrity of the judgment declaring the res])ondent's mortgage to l)e a su- })erior lien upon part of the ]>ro]RTty. The case of Moody v. Miller, 24 Oreicon ReiK)rts, ITJ), XI Pacific Keporter, 402, in- volv(*d a (juestioji similar to the one raised here, and the court dismissed the npj)eal. (See, also, Harper v. IlUdreth, 1)9 Cal. •1(\:}, m Pac. nO?i\Boirerin- ])eal(Ml, he is j)r('sunu*<l to be satisfied with the judgment which established such lien, and to object to a reversal of it or to a change in its ti^rms. lie has the right to be heard in support of the judgment and the order denying a new trial ; but he has not been subjected to the jurisdicticm of this court. The fact thar Patterson has Ixx'n adjudged a bankrupt since the. taking of the a])])ea]s is a matter of no moment ujxni this motion. Tlie defendant G(H>rgo I). Patterson was an adverse party, lie was not served with notice of either a])peal, and hence both 26 Mont.] State ex rel. McGinniss v, Dickinson. 391 appeals must be dismissed. So holding, consideration of the question whether his wife was an adverse party, and of the tirst ground of ihe motion, is unnecessary. The appeals are dismissed. Dismissed, STATE EX KEL. McGKWNlSS, ArrKLLAXT, v, DICKINSOiVr, Rks POX DENT. (No. 1,436.) (Submitted March 12, 1902. Decided April 7, 1902.) Couidy Auditor — Ciraiion of Office — Siaiutes — He peal. The office of county auditor in counties below the third class was abolished ty Act of March 18, 1895 (Political Code, Sec. 4312), which amended the original Code Section 2022, and repealed In part Section 1 of the Act of March 7, 1801 (Political (^ode, Sec. 4r>C0), hence Missoula county was not entitled to elect an auditor in 1808. Appeal from Diairici (^ourt, Missoula County; Frank Woody, Judfje. Mandamts l)V the state, on the relation of Jaines ^IcGinniss, against W. II. II. Dickinson, clerk and recorder of ^lissoula county. From a judgmoiit for defeiHlant, relator appeals. Attinned. Messrs. MarsJialL Stiff d' Banft, for A])pellant. Mr. (\ B. Nolan, Attorney Gencrah for Kespondent. :MR. justice PIGOTT delivered the opinion'of the court. At an electi'jn held in Missoula county on Xovember 8, 180S, the ])laiKtiff received a majority of the votes cast for 31)2 State ex bel. McGinniss v. Dickinson. [Mar.T.'02 auditor of that caiiitv, and the board of canvassers so declared. The plaintiff thin demanded of the defendant, the county clerk, a certificate of election. This the defendant refused to issue, placing his refusal ui)on the ground that there was no such officer as county auditor for ilissoula county. Thereu}X)n the plaintiff brought this procee<ling in mandamus to compel the issuance of a certificate of his election. It apj>eared that on the 7th day of ]\Iarch, 1891,,and for at least a year thereafter, the assessed valuation of the proi)erty in ^Missoula county ex- ceeded eight million dollars, but that on September G, 1807, the board of countv commissioners, bv an order made under the authoritv of Sections 4328 and 4331 of the Political Code, declared ilissoula countv to be a countv of the fifth class, hav- ing an assessed valuation of more than six million and less than eight million dollars ; and that it still remaine<l a county of the fifth class at the time this proce(»ding was Ix^gun. The par- ties agreed that if the county was entitled to an auditor for th(» two veai*s i)o<>'inninfl: with the first Mondav of Januarv, 18!M), the })lainnff was entitled to a peremptory writ of man- date as praye<l for. Judgment was entered for the defendant, and the plaintiff aj)i)eals. Was ^lissoula countv entitled to elect an auditor in 1808 ? This is the single question presented for decision, and we think it must be answered in the negative. The office of county auditor is not ex]>rc^sly provided for in the constitution ; that instrument is silent upon the subject. (Section 5 of Article XVI.) If autliority 1k> requisite for the creation of the office, sucli authoritv mav be found in Section (> of Article XVI, wliicli ordains tliat "the legislative assembly may provide for the election or ap]X)intment of such other county * * * officers as public convenience may require and their terms of office shall Ix^ as prescrilied by law * * *." By an Act passed at the second st^siim of the legislative assembly, and ai)])rove<l ilarch 7, 1801, the office of county auditor was cre- ated, Sections 1 and 2 ]>roviding that "the office of county auditor is here]>y created, and the same shall exist in all conn- ^Oiloilt] SfATE EX BEL. McGlNNISS V. DlCKINSON. 303 tics in the state of Montana which now have, or those which may hereafter acquire, a total assessment of not less than eight million dollars * * *. There shall be electeil in and for eacli csnnty having the necessary assessable valuation as here- inl>eft re stated, at the general election to be held in Xovember, lSi)2, and qna<lrenially [biennially]" thereafter, an auditor. (Laws of 1891, ])p. '227, 22^,) At the time this Act was ])asse(1, ilissoula county had a total assessment of more than eight million dollars, and was, therefore, entitled to an auditor; and we assume for the i)urix)ses of this case (but do not de- cide) that the design of the Act was to require counties entitled to auditors cm IMarch 7, 181)1, to elect them after the assessed valuation had fallen below eight million dollars. That the legislative assembly, having created the office, had the authoritv to abolish it or to restrict it to counties of a cer- tain class, must Ik? cnnceded. The office was and is subject to the control of its creator. Did the legislative assembly deprive Missr.ula countv of the office of countv auditor i At the fourth session of the le^slativo assemblv of the state, held in 1895, the Political (Vie was acted upon by the legislature as it hud been reported hy the code commission. It was ])assed in the form rejwrted and as a whole, and was apjirovc-d February 25, 189:). (Johh V. Couniy of Mca/jher, 20 Mont. 424, 51 P:v.:. 1034.) Section 2922 of the Code as originally passed reads: ^*The officers nf a countv are a treasurer, a countv clerk, a clerk of the district court, a sheriff, a county attorney, a sur- veyor, a coroner, a public administrator, an assessor, a county' superintendent (f common schools, a board of county commis- sioners." This se<'tion omits anv reference to countv auditor; but by Acts approved ]Marcli 13, 1895, and incor|X)rated in the Pcditical Code as Sections 5181 to 5186, inelusive (Senate Bill 102 and House Bill 374, l^ws of the Fourth Session, 1895), the Act (.f March 7, 1891, which created the office of countv auditor, and the Acts of the Third and Fourth sessions ■ 7 of the leG:islative assemblv of the atate of Montana, were de- clared to Ik* and renuiin in full force and effect in like manner 304 State ex bel. McGinniss v, Dickinson. [Mar.T/02 as if enacted after the adoption of the several Codes. (Sec. 5181; Sec. 1, Senate Bill 102.) The Act of March 7, 1891, appears as Sections 4560 to 4570, inclusive, of the Political Code as compiled by the commissioner in accordance with Title V of Part V of that (3ode (Act of March 7, 1895, Sees. 5190- 5198). Sec»tion 518.*], siipra (House Bill 374, Sec. 1), provides that all Acts and parts of Acts enumerated in that Act ''are, and the same are hereby declared to be, parts of the Political Code, * * '•*." Among the Acts so enumerate<l is the Act of March 7, 1^91, creating the office of county auditor. In so far as the Acts enumerated conflictixl with or were inconsistent with any of the original provisions of the (,^o<le, the Acts or parts of Acts so enumerated were to Ik? considered and con- strued as amendments to the (^Kle with the provisions of which they conflicted or w(re inconsistent (Sec. 5184, supra; House Bill 374, Sec. >). Hence the Act of March 7, lcS91, must, in respect of the office of county auditor, l)e detnued an amendment to Section 2922, supra, of the original (^)de. But on March 18, 1SJ)5, an Act entitlwl **An Act to amend Sections 2922, 2938, 2939, 2i)IO, and 2941, of the Political (\Mle of the state of Montana,-' was ai)prove(l, ])rovi<Ung that **the oiKcers of a county are: a treasurer; a county clerk; a clerk of the district court; a sheriff; a ccmnty auditor, except in the fourth, fifth, sixth, seventh, and eighth class ccmntie^^ ; ccmiity attorney; surveyor; connier; public administrator; assessor; county su- perintendent (f conunon schtx^ls; board of county commission- ers." (Sec. 4312, Political Code.) On the same day an Act was a])])roved which classificxl tlu^ counties, and put into the . third class all (ounties having an assesse<l valuation of more than ten and less than fifteen million dollars, and into the fifth class all countii's having an assessed valuation of more than six and less than eight million dollars. (Sec. 4328, Political Code.) These Acts were passed by the Fourth legislative as- sembly. Sections 51S1 and 5182, supra, are Sections 1 and 2 of the Act of March 13, 1895, Senate Bill 102. Sections 51S3, 51S4, 51S5, and 5180, supra, are Swtions ], 2, 3, and 4 20 Mont.] State ex ret.. McGinniss v. Dickinson. 395 of the Act of March 13, 1895, House Bill 374, entitled "An Act declaring what Acts or parts of Acts passed by the Second and Third legislative assemblies of tlie state of Montana, not embodied in the Political Code, the Code of Civil Prooednre, tho Civil Code and the Penal Code, shall continue in force, and reiK^aling all other Acts or parts of Acts of the said legis- lative assemblies, and declaring the construction to be placed uix)n tlio Acts of the Second, Third, and Fourth legislative assemblies, Avitli reference to each other and with reference to the provisions of the C\)des, and providing for the compila- tion of certain Acts of the Second and Third legislative as- semblies?, and Mio Acts of tlie Fourth le<nslative assemblv in the Codes.'' By Section 3 of the Act (House Bill 374), ap- proved ifarch 13, 1S*)5 (the section being carried into the compile<l Coda as Stxftion 5185), it was ])i'ovided that if any of the Acts or jiarts of Acts enumerated and declared by Sec- tion 4 (carried into the com]>iled (^ode as Section 5186) to be in full force and effect, ''are in coniflict with or are inconsistent with, any Act or Acts passed by tlie Fourth Legislative Assem- bly of the State of Montana, tlie Acts and parts of Acts passed by the Fourth legislative Assembly shall be considered and construed as re|)ealing such Acts or parts of Acts herein enu- meratcHl." The Act of March 7, 1891, entitled: ''An Act to create the Office of County Auditor,'' is, as we have already observed, one of the Acts so enumerated and declared to be in effect. Xow, tho Act of March IS, 1895 (Section 4312, supra) y was, we repeat, an Act of the Fourth J-fegislative As- sembly. It pn^scrilxHl that there should be a county auditor in all counties except in those of the fourth, fifth, sixth, sev- enth and eighth classes, thereby depriving of an auditor every county not having an assessed valuation in excess of ten million dollars. This Act of ifarch 18, 1895, must be considered as having repealed so much of the Act of March 7, 1891, as was in conflict with its provisions. The office of county auditor in counties l)elow the third class was certainly abolished bv the Act of ifarch 18, 1895, which amended the original Code 31)0 Statk k\ kel. a. (\ M ( o. r. Dist. (^t. [Mar.T.'02 Scclion 2922, supra, and repcaleil in part SeotioL* 1 of the Act of ilarcli 7, ISUl — Section 1 being Section 4500, supra, of the Political Code. It follows therefore that Alissoula county was not entitled «. to elect an auditor in lSt)8, and that the judgment dismissing the proceeding in mandamus must Ik* affirmed. It is so or- dered. 26 896 P% 413 PS36 414 26 434 ,2« 398 488 450 28 542 J/ 34 275 26 137 396 20, STATE Kx KEu ANACONDA (^OPPEIl MIXING (COM- PANY, Kklator, v. DISTRKT COURT OF THE SECOND JCDK^IAL DISTRK^T ET AL., Descendants. (No. 1,759.) (Submitted January 10, 1902. Decided April 1 i, 1902.) 2Ii)ics aud Mining — Inspcciion and Survey of Claim — Interest Xeccssary — Equity Powers of Court — Order of Inspection — Jurisdiction — Statutoi y Construction, 1. 3. 7. 8. To entitle one, under Code of Civil Procedure, Sec. 1317, to an Inspection of a claim for the purpose of ascertaining or enforcing his right or interest in another claim, he must have an interest in the first claim, and that the right of one owning a claim to follow a lode having its apex therein into another claim is not such an Interest in the latter claim as to authorize his inspection f.nd survey of it. Equity hus no Jurisdiction, independent of statute, and in the ab.sence of a suit, to order inspection of property. Under the authority in Code of Civil Procedure, Sec. 1317, to order Inapec- tion of a mine to ascertain and protect the interest of petitioner, all the appliances in use for ingress and egress may be made available for the persons malcing the inspection. Inspection should not be granted of a mine not described in the petition, under the authority in Code of Civil I*rocedure, Sec. 131V, for inspection and survey of a mine on petition. The order authorized by Code of Civil Procedure, Sec. 1317, for inspection and survey of a mine for protection of petitioner's interest therein or in another mine should be limited to tlie necessities of the case, and ex- plicitly state how far it may go. Every word of a statute must be given a meaning, if it is possible to do so. The terms employed in a statute are presumed to be used in their ordinary sense, unless it is apparent from the context or from the subject-matter that they are used in a different or speciffl sense. Scmble: The costs of obtaining the order under Section 1317, Code of 2(3 Mont. J Statk kx ukl. A. (\ M. Co. r. Dist. Ct. o\)7 civil Procedure, as well as the costs of the survey and Inspection, should be paid by the petitioner. 9. In the order granted under Section 1317, Code of Civil Procedure, the court may provide that all appliances in use to facilitate Ingress and egress be made availaule to the person making the inspection, — the additional ex- penses being paid by the petitioner. Writ of cerl[^:>rari on the relation of tlie Anaconda Copper Mining Company, against the district court of the Second ju- dicial district in and for tho county of Silver Bow and William' Clancy, judge Thereof, to review an order allowing inspection and sun'ey of the underground workings of a mine. Order annulled. Statkmknt ok tiik (\\sk. On August 8, 1800, F. Augustus Ileinze filed in the district court of Silver Jiow county the following i)etition : "Comes now F. Augustus Ileinze, and respectfully alleges and shows to the court : That ho is now, and for a long time prior hereto has been, the lessee from the owners of an undi- vided one-half of the Fairmount lode claim, situated in Summit Valley mining district. Silver Bow^ county, Montana, and lying adjacent to tho Anaconda and St Lawrence lode claims on the north, and entitled to become the purchaser of said portion of said Fairmount lode claim under and by virtue of an agree- ment from the owners thereof. That the Anaconda Copper Mining (i'ompany is in the possession of the Anaconda and St. Lawrence lode claims, and of all of the shafts and undergroimd workings therein. (2) That, as petitioner is informed and believe®, certain underground workings have l)een made by said Anaconda Copper Mining C^ompany into the Fairmount lode claim. That there are certain veins or ore bodies which have their tojis or apices in the said Fairmount lode claim, but so far depart from a perpendicular in their downward course as to pass into the St. Lawrence and Anaconda lode claims be- neath the surface thereof, and that as j)etitioner is informed and l)elieves said Anaconda Copper Mining Company has been and is now engaged in extracting valuable ores from said Fair- 308 State ex rel. A. C. M. Co. r. Disr. Cr. [Mar. T. '02 mount lode claiin and the veins and ores belonging thereto, and that certain of the underground workings made in and extend- ing from the St, Lawrence and Anaconda lode claims arc upon veins and ore bodies which belong to said Fairmount lode claim. (3) That the only means of access to said underground work- ings is through the shafts in said Anaconda and St. T^wrence lode claims in the jx)ssession of said Anaconda Copper Mining Company and the underground workings in said claims and extending therefrom. That it is necessary for your petitioner to have a survey, examination, and inspection of all the shafts and undergnmnd workings in said Anaconda and St. Lawrence lode claims, and the underground workings extending there- from or connected therewith, in order to ascertain, protect, and enforce his rights to the Fairmount lode claim, and to the veins and ore l)odies belonging tliereto. (4) That on tlie day of August, 18pi), your petitioner served upon said Anaconda Cojyper Mining Company a demand and request in writing, of . which ^Exhibit A,' hereto attached, and hereof made a part, is a copy, but that said Anaconda Cop]x?r Mining Company has failed and refusc^l for more than three days since the service of said denuind and rexjuest u[K)n it to grant tlie-same, or to ])ermit your j)etitioner to have tlie survey, examination and in- spection therein reipiested. (5) That, as your petitioner is in- formed and believes, it will Ik? necessarv for him to have access to said shafts and underground w^orkings in tlie said Anaconda and St. Lawrence lode claims by at least six (6) persons for a period of sixty (GO) days, in order to make a proper and thorough survey, examination and inspection of the same. Wherefore ho prays an order of tliis court or the judge thereof requiring said Anaconda Copper Mining Company to appear and show cause why an order for survey, examination and in- spection of said Anaconda and St. Lawrence lode claims, and of all the shafts and underground Avorkings therein contained, should not be granted to him in accordance with the allegations of this petition.'' The notice referred to in the petition as "Exhibit A" con- r 2G Mont] State ex rel. A. C. M. Co. v, Dist. Ct. 399 tains a demand that the Anaconda Copper Mining Company, designated in the proceeding as defendant, permit the peti- tioner, with engineers, surveyors, and attorneys, to enter all the underground workings of both the claims mentioned in the petition as in the possession of the defendant,' for a period of thirty days, to inspect and survey them. In default of a compliance with the demand in three days, the defendant' was notified that an application would be made to tho district court for an order i>ermitting the desired in- spection and survey to be made. The demand having been dis- regarded, the petition was filed, and an order made requiring the defendant to show cause why an order should not be made pennitting the inspection and sun^ey. On September 2, 1899, — tlie time fixed for that purpose, — a hearing was had, and the matter submitted to the court. On December 7, 1901, the court, having had the ai>plication under consideration until that time, made tho following order: ''This matter coming on to be heard upon tlie petition herein for an order of survey, examination, and insi>oction of all of the shafts and underground workings in the Anaconda and St. Lawrence lode claims, or connected therewith, and an order to show cause having heretofore been issued and duly served upon said company,- .ind said respondent appearing by counsel, and said petition having been duly heard and considered uikdu the return of said crder to show cause upon evidence introduced by botli parties, the court finds that it is necessary that the pe- titioner have a survey and inspection. It is therefore ordered that you, the said Anaconda Copper Mining Company, give to F. Augustus Ilc'inze a survey, examination, and inspection of all of the shafts and underground workings contained within the Anaconda and St. Lawrence lode claims, situated in Sum- mit Valley mining district Silver Bow county, Montana, and of all of tlie underground workings connected therewith, and extending into '''lo Faimiount and Mountain View lode claims. It is ordered that George W. Towner, J. H. Trerise, G. H. liobinson, Brice N. Turner, Alfred Frank, and A. L. Stadler 400 Statk kx kel. A. C. M. Vo, i\ Djst. Ct. [Mar.T.'02 make such survey, examination, and inspection, eoninienciug on the 11th day of December, and ending on the 2 2d day of December, 1901, and that you, the said Anaconda Copper Min- ing Company, m all times during said period, upon the demand of said persons, or either of them, lower and hoist them through said shafts, and permit them to enter said underground work- ings; that you remove all bulkheads and obstructions which may be necessary to have removed to permit said survey, ex- amination, and fnsjK'ction. Said survey, examination, and in- spection shall Ik? made in such manner as to cause as little in- convenience as possible to the Anaconda Copi)er Mining Com- ])any, and said F. Augustus Ileinze shall be responsible to it for all damage done in making said survey, examination, and insi)ection. A copy of this order shall be sufficient notice to" said Anaconda Cojyjx^r Mining (\)mpany, its agents, servants, officers, and employes, of the right cf said F. Augustus Ileinze and the persons named in this order to make said survey, ex- amination, and inspection, and to enter the premises herein de- scribed for such purposa" On December 9, 1901, tlie relator made application to the district court for an order modifying the foregoing order, and restricting the extent of tJie examination, inspection, and sur\'ey allowed by it; but the application was denied. Thereafter, on • December 17, the relator filed anotlier ap^>lication in the pro- ceeding, asking the court to vacate and set aside the order en- tirely, upon the ground that since tlie date of the hearing upon the original application the petitioner, F. Augustus Ileinze, had transferred and conveyed all interest ho then had in the Fairmount lode mining claim, and had no further interest therein. This application was also denied. Thereupon, on January 2, 1902, the Anaconda Copper Mining Company filed its petition in this court for a writ of su^wrvisory control, or such other writ as, in the opinion of tliis court, might be effect- ive to grant the relief from the order so made, alleging that the applicatioil to the district court for the order was not in good faith, that it was in excess of jurisdiction, and made for 20 Mont.] State ex kel. A. C. M. Co. v. Dist. Ct. 401 the pur}X)se of liarassing and annoying the relator. Upon the filing of the petition this conrt issued an order to tJie district court and William Clancy, the judge thereof, requiring cause to be shown why the order should not be annulled as prayed. Thereafter, en .March 15, a w^it of certiorari was issued from this court dire'2:ing that the district conrt and its judge certify up the record of the pr<x»eedings had, to the end that the same might 1k^ reviewed. Mr. 11'. ir. Dixon, Mr. A. J. Shores, Mr. C. F. Kelly, imd Mr. I). Gay Stivers, for Relator. Messrs. McIIutton tf* Cotter, for Defendants. MR. CHIEF JUSTICE BRA?CTLY, after stating the case, delivered the opinion of the court. The order complained of was made under and by virtue of the power which, it is asserted, is vested in the district court, or a judge thereof, by Section 1317 of the Code of Civil Pro- cedure. It was conteiided by the petitioner in the court below and the same contention is made by the defendants in this court, that this section authorizes the court, or its judge, to re- cpiire the owner of any mine to permit his neighlx)r, upon a showing: that such owner is or has been engaoredin minino: and extracting ores which may belong to the latter, or which he^ claims bv virtue of his extralateral rii^hts, to enter into the- workings made by such owner in his own premises, and to make such examination, inspection, and survey as may, in the judg- ment of the court, or its judge, l>e necessary to enable the per titiouer to ascc^rtain, enforce, or protect his rights. The con- tention is also made that, even if the statute dcx^s not, in terms, authorize an order granting permission to ins])ect and survey adjoining property owned exclusively by another proprietor, yet the court, by virtue of its inherent ]>ower as a cimrt of ecjuity, is authorized to grant such an order with reference to any adjoining or neiglilmring property or premises through Vol. XXVI-C6 402 State ex kel. A. C. M. Co. v. Dist. Ct. [Mar.T.'02 Avhicli trespasses may Le committed on the property of the pe- titioner ; and that, too, without regard to whether the court has jurisdiction over the proj)erty or the parties by virtue of the l)endency of a tuit in which the parties are seeking an adjust- ment of tlieir rights. On the other hand, the relator contends that this cliaractt^r of proceeding is statutory; that^ independ- ently of a suit involving the rights of the parties to the par- ticular property, the court, or ita judge, has no power in the premisi^s other than that conferred in terms by the statute ; and that by the ex])rc6s terms of the statute the power of the court or its judge is to be tested by the interest or ownership exhil>- ited l)y the petitioner in the projx^rty of which the inspection is sought or througli which entry for that purpose is necessary. In other wordsy it is said that, in order to bring himself within the purview of the statute, tJie |)etitioner must show some sort of proprietary interest in the premises which are in the pos- session of liis adversary', and into or through which he desires to enter for in-^pwtion. 1. What power is conferred by the statute^ The sec*tion in question reads as follows: "Whenever any jx^rson shall have any right to or interest in any lead, lode, or mining claim Avhich is in the jK>ssession of another jierson, and it shall \ye necessary for the ascertainment, enforcement or protection of such right or interest that an insj)ection, examination or survey of such lead, mine, lode or mining claim should be had or made; <jr whenever any ins|)ecti(>n, exajuination or survey of any such lode or mining claim shall he necessary to protect, ascertain or enforce the right or interest of any person in another mine, lode or mining claim, and the person in possession of the same shall refuse, for a period of three days after demand therefor in writing, to alio v such inspection, examination or survey to be had or made, the party so desiring the same may present to the district c(mrt, or a judge therof, of the county wherein the mine, lead, hide or mining claim is situated, a petition, under oath, setting out his interest in the premises, describing the sanie^ that the premises are in the possession of a party, naming him, 26 Mont.] State ex rel. A. C. M. Co. v. Dist. Ct. 403 the reason why such examination, inspection or sniTev is nec- essary, the demand made on the person in possession so to per- mit such examination, inspection or survey, and his refusal so to do. The court or judge shall thereupon appoint a time and place for hearing such petition, and shall order notice thereof to be served upon the adverse party, which notice shall he served at least one day before the day of hearing. On the hearing either party may read affidavits or produce oral testimony, and if the court or judge is satisfied that the facts stated in the pe- tition are true, ho shall make an order for an inspection, ex- amination or 'ijurvey of the lode or mining claim in question in such manner, at such time, and by sucli persons as arc men- tioned in the ,>rder. Such i)erson shall thereupon have free access to such mine, lead, lode or mining claim for the purpose of making such inspection, examination or survey, and any in- terference with such person \vhile acting under such order shall be contempt of court. If the order of the court is made while an action is pending l)etween the parties to tlie order, the costs of obtaining the order shall abide the result of the action, but all costs of making such examination or survey shall he paid by the }>etitioner." (Section 1317, Code of Civil Procedure.) So far as we are aware, the provisions embodied in this stx^tion are peculiar to our own jurisdiction. We find that the section was enacted by the territorial legislature of 1881 (Acts 12tli Sess. p. 10) as an amendment to the (^ode of Civil Pro<*edure of 1879, and that it has been incor^yorated in all the revisions of this (J'ode since that time. The constitutional it\' of ii was called in question in St, Louis Min, di Mill. Co. v. Moniana Co,, 9 Mont. 288, 23 Pac. 510, and in the same case on error to the supreme court of tlie United States, 152 U. S. 160 (14 Sup. Ct. 506, 38 L. Ed. 398), but the extent of the ix>wer of th^ court under it h«s never been considereil or determined. It is asserted by counsel for the defendants that the relative situation of the parties and the ownership of the property involved in that case were the same as in the present case, and that the im- plied construction then given the section by this court i^ the 404 Statk ex kkl. A. C. M. Co. v, Dist. Ct. [Mar.T/02 same as that wliieli tlicv now contend for, and is of bindiiii' authority. The only questions presented in the briefs of coun- sel in that case, and the only ones considered and determined, are found stated in the opinion of this court at page 300 (^ -^[ont. page 512, 23 Pac). -They are restated in 152 U. S. at page 105 (14 Sup. Ct. 507, 38 L. Ed. 398), and were the only (pit\^tions considered l)y the supremo CDurt of thv? United Stales. These have to do with certain features of the legislation, Avhich, it was alleged, rendered it obnoxious to the provisions of the state and federal constitutions prohibiting the deprivation of property witliout due process of law. It was held to be con- stitutional, as not violative of these constitutional prohibitions; l)ut the relative situation and ownership of the property to which its terms apply were not considered, counsel having con- ceded (9 Mont. 299, 23 Pac. 512) that the order was properly made if the section was not open to the constitutional objeeticn urged against it. Where a suit is pending involving the rights of the parties to the particular property, the court proceeds under Sections 1314 and 1315 of the Code of Civil Procedure, and under them the inspection may be made n'^t- withstanding it involves a temporary occup-ancy of ether projv erty than that in controversy. These sections are but declara- tory of the inhrirent power of courts of equity (perhaps, also, of courts of lav.), and rest upon the principle that the parties should be enabled to put the court in possession of all the facts touching the controversy, to the end that their rights may be properly adjudicated. (State ex rel. Anaconda Copper Mining Co. v. Diatri^'t Court of Second Judicial Dist. of Silver Bow Co., 25 Mont 504; 65 Pac. 1020 ; Moniaim Co. v. St. Louis Min. & Mill. Co., 152 V. S. 160, 14 Sup: Ct. 506, 38 L. Ed. 398.) The power of the court under these sections is limited only by the necessities of the pending action. As to Section 1317, w\e are aware of no case in which the extent of its ai)plication has been considered, and the question of its proper construction is now presented for the first time. "We must, therefore, refer to the statute itself, and determine 2(» Mont.] State kx rkl. A. C. M. Co. v, Dist. Or. 405 from tlio terms employed in it what circumstances are neces- .sary to put the power of the court in motion. Passing, for llie present, the cliaracter of the interest neces- sary to be exhihiteil by the petitioner, and assuming that an exliibitii/n of any interest, though a disputed one, is sufficient, it seems clear (hat the inspection must be limittxl to premises in which the petitioner has some sort of proprietary interest. The puqK)se of the inspection, is twofold, namely: (1) To ascertain whether the right or interest of the i>etitioner in the property in possession of the adverse party is being injure<l; and (2) to ascertain by inspection of such premises whetlier the right or interest of the petitioner in other premises is being injured. The first clause* of the statute applies to "any lead, lode or mining claim" in the possession of another, in which the petitioner has an interest. It has reference to a property riglit in the very premises sought to be inspected, and proceeds upon the just Mieory that an obligation rests upon the party in possession to permit the inspection upon a proper demand for permission to nake it. The puqwse served is to ascertain the rights of the party not in possession, and to furnish him with the facts necessary to enable him to protect his interests, if they need protection. The second designation of projxjrty with reference to which the order may be niiMe is expressed in the words: *'0r wdien- ever any insp<Jction * * * of atry such lode or mining claim shall bo necessary to ])rotect, ascertain or enforce the right or interest of any jx^rson in another mine, lode or mining claim, and the person in possession of the same shall refuse," etc. The words *'any such lo<Je or mining claim" clearly relate to the same character of lode or mining claim as that mentioned in the first clause; that is, one in which the petitioner has an interest, and which is in the ]X)ssession of another. The w^ord ^'such" in its ordinaiy sense, in the connection in which it is here used, signifies "the same as previously mentioned or speci- fied; not other or different." (Century Dictionary.) In this .<»c^nse it is used with reference to some antecedent w^>rd or 406 Staim.: kx kkl. A. C. M. Co. v, Dist. Ct. [Mar.T.'02 l)lirase, and signifies that tlie word or phrase of which it is nia<k* an attribntive — as, in this instance, "lode or mining claim" — is to be nnderst-ood as indicating something of the same chiss or in the same situation as the \3ne alreadv described, and to whidi it reefers. In this sense it nuist be nsed liere, else it must, be coFisidered as without anv signification, and the j)hrase *V//i// tiurh lodr or minin/j claim* should otherwise be read '^ony lode or miniiuj claim." This disposition of the word would {»ive the jJirase the meaning contendcHl for by the de- fendants, but would do violence to the elementaray rule of con- structi( n that n'erv word of a statute nnist l>e given a meaning, if it is pcjssibli*- to do so. Another rule equally applicable in this conncx^-tirn js that the terms em])loyed in a statute are pre- sumed to l)e us(mI in their ordinary s(^nse, unl(*ss it is aj>parent from the ccmtext or from the subjcvt-matter that they are used in a diflferent or sj)ecial sense. That the word ''such*' is not used in any special sense here is manifest ivoxa the context, in which it is sever.il times used with reference to other previously descrilK'd objects, but always in the same sense. The conclusion that the meaning we have given it is the proper one is further strengthened by a consideration of the matters which must be set forth in the ])etition. The petitioner must state his interest in the premise's which he desires to insiXH^t. He must describe the same. He must state tliat the premises are in the jx)Ssession of a ])arty, naming him. lie must state the reason why the iiisj)ecti(.n is necessary, and that demand has been made upon the ])arty in possession. He must s{»t forth an interest in the premisses to be iiis])ect<Hl ; whether the })ur|x>se is to ascertain, l)rotect or enfor».*e his interest in the particular property, or an iiU(*rest owned by him in an adjoining property. The use of the word **prnn!^rs" indicates that the interest owned or claimed must 1k» Mich an interest as is the sul)j(x»t of a conveyance, — such as an interest by tenancy in conunon, leasehold, reversion, or other interest of like character. The asserted rirfit to enter within the vertical ])lanes of the Innindaries of the proi)erty from an adjoining claim — -as in this case from the Fairmount 20 Mont.] Statk ex rkl. A. 0..M. Co. v. Dist. Ct. 407 claim into the Anaconda and St, Lawrence — is not such an in- terest as would meet the requirement, for such an interest would not pass by virtue of a conveyance of either of the latter claims. These extralateral rights, if tliey exist at all, consti- tute an interest in the Fairmount claim. Thev can onlv be <lescribod as such, having l)een obtained by a grant of that claim l>y the j)atent, nnd are convey able only by virtue of the estate owned in that claim. It is to he observed, further, that the petition need not charge the adverse partly with a wrongful possession. The only wrong to be charged is the refusal to i)ennit the inspection. This feature also very strongly implies that the whole basis of the proceeding is seme interest or ownership in the property itself Avhich is a subject of conveyance, and supports the contention n{ the relator »hat the legislature manif(*stly did not intend tluit one person should be allowed by a summary proceeding to invade the ])roj)erty of another, and make inspwtion of it, merely because ^uch an insi>ecti(>n might iKmeiit the applicant. In anv eveut, if it was intended bv the act to accord to an owner cf a mining claim or lode the right, ui)on demand, to enter u])on and insj>ect pro|x»rty in the jx)ssession of his neigh- Iwr, and l>elongiug exclusively to him, with a view to determine whether the latter is cf)nuuitting a tres])ass, the legislature faile<l to use terms suitable to express such intenticui. "Every citizen holds his property subject to the power of the state to prescril)e reas(m d)le regulations for the [mitection of the prop- erty and rights of others." (State (\r rel. Anarondu Copper Miniiifj Vo, v. District Court of Second Judicial Dist., :^5 Mont 504, (J5 T*ac. 1020.) But, l^eyond sustiiining the reasonable burdens thus imposed u])on him, he is not required to submit to any invasion of his ]>ro]K^rty or ]K>ssessions ; and no court <.r judge has the ]K)wer to interfere with him in the enjoyment (»f his j)r(;])erty, except so far as such interference may be war- ranted by the inherent power of the court or by ex])re?s legis- lative sanction, and then only in the interest of justice. Tt does not appear that the petitioner has any interest in the 408 State kx kkt.. A. C. il. Co. r. Disr. Ct. [Mar.T.'02 Anaconda and St. Lawrence claims. The basis of liis asserted right to enter the relatir's shafts, drifts, and other workings in tlici^e claims is the supposed existence of extralateral rights upon a vein the ajiex of which is within the b<nindaries of the Fairmonnt claim. Under the construction we have given the statute, — and, in our oi)inion, it is the only construction of wliich it is fairly susceptible, — the exhibition of this right is not sufficient to give the court, or it^s judge, jurisdiction to make the order. Counsel for tU fendant suggest that, unless this l)e declarcnl a sufficient showing of intercut to warrant the order, one owner may trespass with impunity ujyon another, while the latter is left without the means of discovering the fact and extent of the wr(>ng done him. So far as concerns tho right of inspec- tion, when no suit is pending in cases in which the property is in the situation presented in this case, the suggestion seems to be i)ertinent ; but the nec€*ssity for a remedy, if there be such a necessitv, is a matter which should be submitted to the con- sideration of the le2:islature. It is an exclusive function of that de])artment of \hc government to furnish the extraordinary sumniarv remedv which the circumstances of this and like cases demand. Tho ]x*titioner is not remediless, however. If he has information, as he alleges, that trespasses are being committed upi^n his proi:eity, the way is open to him to invoke the pre- ventive j)ower of the court in an ordinary action, whereupon its authoritv to assist him to ascertain the facts necessary to full relief will Ix* limited onlv bv the necessities of the case. '2. We do u^)t understand upcn wdiat theory the defendants assert that a co\irt of equity has inherent jwwer, independently of a ])ending .action, in which it has jurisdiction of the parties and the ]>ro]>erry in controversy, to make the order under con- sideration. There is nothing in the petition which invokes jmy of the ordinary jiowers of a court of equity; nor has our atten- tion biH^n calknl to anv case wherein anv court, in the absence of statutory autliority, when no suit was pending between the jiarties, has assumed, in a summary way, to adjudicate per- :2<) Moiit.J Statk ex kkl. A. C. M. Co. r. Dist. Ct. .409 sunn I or jiropcrty rights. There are many cases reported in Avhieh ins|:eeti«)n orders have l)cen made, but in none of them <lc» we lind the »?onrts assuming the power to make them exeept in aid of tlie rigjits of the parties, whicli were being adjudicated in the ordinary way. Even in such cases the ]wwer is used Avith cautit n, and only when it is apparent that its exercise is iieeerssary to seive the ends of justice. Among such eases are the following, being all the American and English cases which \ve have been able to examine: Earl of Lonsdale v. Curwcti, :5 Bligh, l(iS; Walhr v. Fletcher, Id 172; United Co, v. Kya- a.sfon. Id. 1. ■).'$; Blakeslvy v. \\hicldon, 1 Hare, 17(); Lewis v. JIarsh. S Hare, DT ; Bennitt v. Whitchouse, 2S Beav. 110; Jivnneit v. Uriffiilis, oO Law J. Q. B. t)8 ; Whaley v. Brancler, 10 Law T. (N. S. ) 155; Thomas Iron Co, v. Allentoirn Min, Co,. '!>< X. rL Va\. 77; Thornhury v. Snrage Min. Co., 1 Pac. Law ilag. '2iu ; iStockhridye Iron Co. v. Co-ne Iron Works, 102 [Mass. SO; Duyyan v. Darey, 4 Dak. 110, 2G X. W. 887. Most of these cases are also re])orted in volumes 7 (pages 607-696) and S (pages 1-41) of ^lorrison's Mining Iteports. There are dfiubtless other cas(^ in |K>int, but the foregoing are sufficient to sustain the general proix)sition stated that courts do not as- sunie to adjudicate the rights of parties in r* summary pro- cee<ling without express statutory authority; and in no case do they authorize eritry upon the proj^erty of parties over whom they have acquired jurisdiction, exce])t when the necessity of the case demands it in the interest of justice. The case of Thomas Iron Co, v. Allentoirn Miiu Co., supra, would seem, uiMJU a casual reading, to support the contention of defendants, but a careful examination of it shows it to have been a pro- ceeding in equity for injunction to restrain the defendants from ]>reventing the complainant from entering a shaft sunk upon its own ])r()j)erty and the workings connected therewith to dis- cover the extent of a trespass committed by defendants, and also for an accounting of ores extracted. Another purpose of the action was to ]>rcvent the defendants from destroying the sii])]w,rts left in the mine, thus allowing the surface to cave in 410 State ex kel. A. C. M. Co. v. Dist. Ct. [AIar.T.'02 and fill the excavations, and also by this means to flood thoni with surface water, thus destroying the evidence of the tres- pass. The inspection was allowed under the injunction. Thus it appears that the power of the court was exercised by virtue of its ordinary <^uity jurisdiction by injunction, upon allega- tion of facts properly invoking it. It also appears that tlie (piestion was whether the court shoukl j>ornut the complainant to enter through its own property. •3. Speaking generally, and in order to disp^jse of sugges- tions/made during the argument of counsel, the last provision of the statute ^eems to require the costs of the survey and in- spection, as well as of obtaining the order, to l)e paid by the l)etitioner. The only burden cast uixin the adverse party would seem to be to grant free access to the proiK*rty. The authority to make the order in a particular case would nwessarily carry with it also aurhoritv to make the order eifective, so that all the appliances in use to facilitate ingress and egress should be made available to the persons making the inspection, the addi- tional expense being paid by the petitioner. The order should provide for comingencies of this character. At the same time the court should not, as in this instance, grant an inspection of, or permission i.> enter upon, property not mentioned in the petition. The Mountain View claim is mentioned in the (»rder. It does not ap[:ear, however, who is the owner of it. It is not described in the i>etition. The court would, imdrr no circimi- stances, have authority to invade the rights of j)ersons not par- ties to the suit or proceeding. The order should not have in- cluded this claim. The order is idso subject to criticism in that it does not limit in any way the discretion of petitioner's agents as to the extent of the inspection. They are given unlimited discretion to in- spect any working's in the Anaconda, and St. Lawrence claims, or anv connected with them in any direction. The order should be limited to the necessities of the case, and explicitly direct the extent to which the inspection and survey should go. !Much was L-aid in arirument bv counsel as to whether the 2() Mout.] State ex rel. A. C. M. Co. v. Dist. Ct. 411 right or interest claimed by the i>etitioner in a proceeding un- der this statute must be an undisputed one. We would not undertake to go further at tliis time than to say that under the first clause of the statute the petitioner must exhibit at least a substantial prima facie interest, which it is necessary for him to protect or enforce. Under the second clause the neccoeity to show an interest both in the premises to be inspected and in the property to Ix^ ])rotected would be ineasurod by tlie same rule. The order of the district court was wholly in excess of jurib- diction, and is therefore annulled. AnnitllcfJ. Ox Motion for Reuearing. (Nob. 1,759 and 1,775.) (Submitted May 2G. 1902. Decided June 2, 1902.) :MK. (IIIEF JUSTIC^E BPiAXTLY delivered the opinion of the court. Counsel for defendants have submitted motions for a rehear- ing of these causes, with elaborate briefs in support of them. They contend that the court rested its decision of the question involved upon i view of the statute which v^sls not discussed either in the oral argument or briefs submitted at the hearing. They say that it did not occur to them that any special sig- nificance was to lx> given to the ])hrase '^any such lode or min- in«: claim,'' and that thev did not deem it nece.<sarv in their argument and briefs to discuss it. While it is irue tliat the briefs upon which the argument was made at the hearing containe^l no direct reference to the meaning of this expression, yet, owing to the importance of 26 434 412 Htatk kx kkl. A. C. M. Co. v, Dist. Ct. [Mar.T/02 the qiK'sti(.n involved, and following suggestions made by ques- tions put by different members of tbc court during the course of the argument, counsel on l)Oth sides asketl and obtained leave to fib' sui)j)leniental briefs devoted to a discussion of the proper construction to I o given to the st^itute and the extent of the powcu-s conferred by it. In these briefs both sides dwell at some length upon the meaning of the plirase "any such lode or mining claim'' .^.nd its significance, in view of the matters which are required to he set forth in the petition for an inspection order. We ha/o re»-examined carefullv all these briefs, to- gether with the briefs submitted on these motions. These lat- ter contain no s\iggestion which was not given full consideration in the preparation of the original opinion. Wo are of the o})ini()n, after such re-examination of the question involved, that a rehearing would not result in a different conclusion. The motions are therefore denied. Denied. S IS' STATE Kx KKL. A]S'A(.X)XDA (X)rPER MIXING COM- PAXY, Rklator, r. DISTRICT COURT OF THE KE(X)XD JUDICIAL DISTRICT et AL., Respondents. (No. l,77r».) (Submitted February 14, 1002. Decided April 15, 1902.) For syllabus see Utatc ex rcl Auaconda Copper Mining Co. v. District Court €t a1., ante page li'Mi. dcriiorari by the state, on the relation of the Anaconda Cop- per Mining ( 'oinpany, against the district court of the Second judicial district, and the IFon. William Clancy, judge thereof, to revicAv an order made ]>v the court. Order annulled. 2G Mont. ] Statk ex kel A. C. M. Co. v. Dist. Ct. 413 J/r. W. \\\ Dixon, Mr, A. J. Shon-es, Mr. C, F. Kelly, and Mr. D. Gay Stivers, for Relator. Mr. W. C. Jones, for Kespondents. MR. CHIEF JCSTICE BRANTLY delivered tlie opinion of the eourt. On January 21, 11)02, there Ixdng no suit x)ending between the parties involving their respective claims or either of tliem^ F. Augustus lleinze filed his petition in the district court 'of Silver Bow countv, askiuii; for an order under Section 1317 of the (^ode of (^ivil Prcjcedure, pennitting him -to enter into the workings in the Anaconda and St. Lawrence claims, in tlie possession of relator, and to inspect and survey the same in order to determine whether the relator was committing a tres- pass upon the Belmont (3laim, in possession of petitioner and lying to the south. The petition alleged, upon information and belief, that relator, by means of underground workings, had entered beneath the Belmont claim and was engaged in extracting ore belonging to petitioner. It was also alleged that permission to enter and make the inspection and survey had been refused by relator after demand made in conformity to the statute. A hearing was had under an order to show cause, which re:3ulted in an order ix}rmitting the inspection and sur\'ey to be made. Thereupon the relator applied to this court for relief from the order, alleging that the district court had no jurisdiction to make the same. After a hearing upon the application, this court issued a writ of certioraH directing that the proceedings had be certified to this court for review. The questions presented in this case are in all respects the same as those presente<l in State ex rel. Anaconda Copper Min* ing Co. v. District Court (ante^ 396, 68 Pac. 670), this day decide<^l. Tlie situation of the claims of the ]>arties is the same. The petitioner, by the statements contained in his petition, shows that he has no interest in the premises in possession of 26 414 83 5| 414 Frary V. DwYEK. ^ [Mar.T/02 relator through which entry is sought to be inade. Upon the authority of State ex rel. Anaconda Copper Mining Co. v. Dis- trict Court, supra, the court was wholly without jurisdiction to make the order. It is therefore annulled. Annulled. Motion for rehearing denied, June 2, 1002. [For opinion on motion for rehearing, see ante^ 411.] FRAKY, Appellant, r. DWYEK, IIespoxdent. (No. 1,446.) ' On Motion to Dismiss Appeals. (Submitted April 14, 1902. Decided April 15, 1902.) Underiahing on Appeal, An imdertaklng on appeal from a Judgment and from an order denying a mo- tion for a new trial approved. (Following Watkins v. MorrU, 14 Montana 354.) Appeal from District Court, Cascade County; J, B, Leslie Judge, Action by W. S. Frary against William R. Dwyer. From a judgment in favor of defendant, and from an order denying a motion for a iitw trial, plaintiff appeals. Motion by defend ant to dismiss the appeals. Motion denied. Mr, F, A, Merrill, for Appellant, Mr, T. E, Brady, for Respondent. 20 Mont] Fbary v. Dwyek. 415 MR. CHIEF JUSTICE BRA]S^TLY delivered the opinioD of tlie court. The defendant, and respondent, has submitted a motion to dismiss tlie appeals herein on the ground that the undertaking filed with the clerk of the district court does not conform t<j the requirements of the statute. The appeals fcre from a judgment and an order denying plaintiff's motion for a new trial, and the undertaking is the same in form and substance as those approved in WatkUis v. Norris, 14 Mont. 354, 36 Pac. 452, and in the following cases 5 liamscy v. Burns, 24 Mont 234, 61 Pac. 129; Nola7i v. Mom tana Central Railway Company, Id. 327, 61 Pac. 880; Liviiuj- ston Smelting and Reduction Company v. Lynch et al,. Id. 241, 61 Pac. J 134; Malioney v. Butte Hardware Company ^ Id. 242, 61 Pao. 1134; Bmicherx. Barsalov, Id. 242, 61 Pac. 1134; Teagnc v. John Caplice Company, Id. 242, 61 Pac. 1134. The respondent relies upon the case of Baker v. Butte City Water Company, 24 Mont. 31, 113, 60 Pac. 488, 817; of this case it was said in Ramsey v. Burns, supra, that it i? ^ biased uiK)n correct reasoning, reaches a correct result, and is approved." But a clear distinction is p<3inted out between thci form of the undertaking examined in Baker v. Butte City Water Company and of those examined and approved in Wat- Jcins V. Mon'is and the other cases cited supra. Baker v. Butte City Water Company is not in point. The motion is denied. Denied. Mk. Justice Pigott, having been of counsel during the pendency of this cause in the district court, takes no part in this decision. 416 ' Statp; kx kel. IIkixze v, Dist (^t. [Mar.T.'02 j^ ^j^ STATE EX REL. HEIXZE et al.^ Rel^vtoks^ l'. DISTRICT ^^ COURT OF THE SECOND JUDICIAL J5 tg| DISTRICT ET Ai.., Respondents. (No. 1,751.) (Submitted January 6, 1902. Decided April 21, 1002.) Mines and Min'uuj — Conflicting Mining Claims — Inspecfioa and Survey trending Suit — Orders of District Courts — Dis- cretioti — Supreme Court — Supervisory Control, 1. Under Code of Civil Procedure, Sec. 1314, allowing an Inspection order to be made at any time pending an action to determine mining claims, the order may be granted before the issues are framed. 2. Under Code of Civil Procedure, Sec. 1314, authorizing an inspection order in actions to determine mining claims, where the respective parties assert title to certain ore bodies, each basing his claim on an asserted ownership of the apex of a vein, to determine which will necessitate a following of the vein from the surface, the court may properly grant an order requir- ing the owner of the surface! openings to allow the other party to enter such openings for the purpose of surveying beneath the surface, though the latter party had complete maps up to the commencement of the suit, after which It was excluded, and work of removing the ores rapidly pushed. 3. Where, In a suit to determine ownership of certain ore bodies, the parties base their respective claims on the asserted ownership of the apex of a vein, to determine which will necessitate a following of the vein from the surface, an order requiring the owner of the surface openings to allow the other party to enter such openings for the purpose of surveying be- neath the surface should be limited to those openings alone an Inspection of which is necessary to determine the Issues, though examination should be allowed of all the workings made in pursuit of the vein In the direction of the strike, to determine the continuity of its direction as well as the angle of the dip. 4. Under Code of Civil Procedure, Sec. 1314, authorizing an inspection order In actions to determine mining claims, the fact that a temporary Injunction has been Issued does not preclude the Issuance of the inspection order, as such provision makes no distinction as to the character of relief sought. 5. Where, in a suit to determine a mining claim, operations are continued pending the action, the court may properly designate employes of the adverse party to make weekly Inspection of the premises under reasonable restrictions. 6. The propriety of granting an order of Inspection and survey, under Code of Civil I*rocedure, Sec. 1314, lies very largely in the discretion of tlie trial court. 7. Inspection orders should always be limited by the necessities of the case. Originate petition for a writ of suix^iTisorv control, bv F. Augustus Ileinze and otliers, against the district court of tho Second judicial district and another. Modified and granted. 26 Mont.] State ex bel. Heinze v. Dist Ct. 417 Messrs. McUaHoii & Cotter, Mr, J, M. Denny, and Messrs. Toole & Bach, for Relators. Messrs. Forhis & Evans, for Respondents. iMR. CHIEF JUSTICE BRAKTLY delivered the opinion of the court. Application for writ of supervisory control. On March 30, 1901, F. Augustus Heinze and the Johnstown Mining Com pany, a corporation, filed their complaint in the district court of Silver Row county against the Boston & Montana. Consoli dated Copper k Silver Mining Compajiy, alleging, in sub- stance, that they were the owners of the Minnie Healy min- ing claim, in Summit Valley mining district. Silver Bow county, Mont, and of certain veins having their tops or apices therein; that the defendant, by underground workings made within and from adjoining property and premises in its pos- session and control north of plaintiffs' premises, had entered l>eneath the surface of the Minnie Healy claim, particularly that portion of the claim lying east of the west end lines of the Piccolo and Gambetta claims: that bv means of certain crosscuts, tunnels, etc, defendant had cut into the veins or lodes belonging to the plaintiffs, and w^as engaged in removing ore therefrom; that the defendant had entered into the pos- session of these portions of the ^linnie Healy veins belonging to plaintiffs, and had ousted and ejected plaintiffs therefrom; and that the defendant asserted title thereto adversely to the plaintiffs, but that such claim of title was w^ithout any founda- tion in fact. The complaint concludes with a prayer that the l)laintiffs be decreed to l>e the owners and entitled to the pos- session of said veins and ore bodies tliroughout their entire depth, even though in their descent into the earth they so far depart from a perpendicular as to ])ass beyond the lx>un(lary of the Minnie Healy and into the ground of the defendant ; that defendant be required to set forth its adverse claims in order that they might be adjudged to be without foundation;. Vol XXVI-27 418 State ex kel, Heinze v. Dist Ct. [Mar.T.'02 that the title of the plaintiffs be forever quieted ; and that the plaintiffs have general relief. On August 17 thereafter, upon application of plaintiffs, on the complaint, supported by affi- davits, the court issued an order requiring the defendant to appear and shovv^ cause on August 31, why an injunction should not issue to restrain it from removing any ores from the dis- puted veins and ore bodies pending the suit, and in the mean- time to cease its operations until a hearing could be had under the order. The order also restrained the defendant from min- ing and extracting ore from certain portions of a lode within its own ground north of the south side line of the Piccolo, to which the plaintiffs claimed title by virtue of their extralateral rights upon the veins described in the complaint. gJB LEoNSRD SHKFT The situatio?! of the claims of the resi)ective parties, and the subject of the controversy between them, may be readily un- derstood by refi?rence to the subjoined diagram. The Piccolo and Gambetta claims to the north belong to the defendant The }X)rtions of the surface of these claims which conflict with tlie Minnie Ilealy, as its location was originally made, are ex- cluded from the ]\Iinnie Healy patent, and there is no question 26 Mont] State ex rel. Heinze v. Uist Ct. 419 as to surface rights. The legal title to the Dayton claim is in the defendant corporation, but an interest therein is claimed . by F. Augustus Heinze and his brother, Arthur P. Heinze. The ore bodies in controversy include those found on the 800 and 900 levels in the triangular portion of the Piccolo claim immediately to ;he north and in the neighborhood of tlie south line of the Gambetta, the plaintiffs asserting that these belong to the veins which have their apices to the south in the Minnie Ilealy and pass through the east and west end lines of the claim. Their claim is therefore based upon an asserted right to follow these veins on their dip toward the north, and into the ground of the defendant. Though it docs not appear at what angle the Minnie Healy veins dip into the earth, it does distinctly appear that the purix>se of the action is to settle the coutroversv as to the title to the ore Ixxlies, not onlv within the surface boundaries of the Minnie Healv claim, but also within the l)oundaries jf the Piccolo and Gaml)ett'a claims. The plaintiffs' workings are reached through the ilinnie Healy shaft The defendant conducts its operations through the Leonard shaft. On September 3, 1901, the defendant in that cause filed its petition therein in the district court, alleging that its only means of access 1o the workings made by the plaintiffs through the Minnie Healy ground was through the Minnie Healy shaft, and asking that it be allowed access to the Minnie Healy claim and the w^orkings therein for the purpose of making an inspec- tion and survey to obtain facts to enable it to make defense to the suit This petition was heard on Xovember 14. On De- cember 7, after consideration by the court, the order granting the inspection and survey was made according to the prayer of the petition, and it was ordered that the defendant have access to the Minnie Healy claim and all openings therein for the space of ten days, through its agents and representatives, not exceeding six in number, with a surveyor's assistant. The plaintiffs were required to furnish ingress and egress, and to hoist and lower the defendant's representatives into and from 420 Statk ex kel. IIeinze v. Dist Ct. [Mar.T/02 tlie i>reiiiises. It was also further ordered tliat two representa- tives of the defendant Ik? ix>nnitte(l to enter the Minnie Healy workings at least onee each week to inspect and examine the work therein os it ])roeeeded, until the determination of the action. On l)e<*^niber 19, 1901, the plaintiffs in that suit filed their petition in this court asking this court to issue its order of supervisory control directed to the district court, and reijuir- ing it to set aside and vacate the order, on the ground that it was not justified by the showing made at the hearing, and that it was oj)pressis'e. The question now l)eforo this court is whether the relators, plaintiffs in the action in the district court, are entitled to tho relief sought. It is argued on l)ehalf of relators that the order was not justi- fied, because the evidence adduced at the hearing showed no necessity for it. It appears that the court refused an injunc- tion pendente lite, at the hearing under the order of August 17, and that the cause stood on demurrer at the time the order now complained of v;as made. It is thus manifest, counsel say, that there is yet no defined issue to try, and that the inspection order, if made at all, should have been deferred until the issues in the case should have been made up. We do not think this position tenable. The application was made under the author- ity' of Section 1314 of the Code of Civil Procedure, which al- lows an inspection order to be made at any time during the pendency of the action. The purpose of the section is to en- able the parties to present the facts of the case to the court, so that it may intelligently adjudicate the rights involved. {State ex rel. Anaconda Copper Mirdn/j Co. et al. v. District Court, 25 Mont. 504, 05 Pac. 1020.) In order to do this it is often necessary that tae parties should be in possession of the facts at an early stage of the action, so that they may be able to frame intelligoiitly the issues to be tried. Issues pi-operly framed are as esr^ontial to a just and fair trial of the rights of the parties as are the facts necessary to support them. The petition alleged^ among other things, that the order was nee- 20 Mont.] Stat?: ex hel. IIeixzb v. Dist Ct. 421 Or^sary to enahle tlie defendant to ascertain its rights in the premises, and (lie court, as it should, allowed it to produce its evidence to support this allegation, evidently ujx)n the theory that it require^l other facts than those already in its iwssession to enable it to frame its defenses. To the evidence thus ad- <luced tending to show cause for the order, as required by the statute, must our attention be directed in order to determine whether the action of the court was pro]>er. It must be borne ill mind that die resjx*ctive parties assert title to certain ore Ixidies, each basing its claim thereto uikhi an asserted ovvner- tiliip of the apex of a vein or veins, to which they belong. The question to be tried in the cause is whether the apex is in the <2;'round of the [>iaintiffs, or in that of the defendants in the action. In ordc^r to determine this, it will he necessary to fol- low the workinirs from the surface to where tli^e ore bodies are situated, and to present to the court at the hearing all the l>liysical and geological facts from the point of view of both parties, not only as they Avere oi)en to obser\'ation at the time the action was brought, but from time to time as development progresses. The evidence tended to show that prior to the filing of the complaink the defendant in the action had free access to the iilinnie Ilealy v/orkings, and that it had complete maps of all the work done up to that time. After that date, however, and until the hearing, it had been excluded from the mine, while "work was constantly being pushed and ore was being removed at the rate of several hundred tons p^ day. Access is not IMJSsible, except through the Minnie Ilealy shaft, and the con- ditions revealed by the work done from March until Septem- l>or were entirely unknown to it. The propriety of granting such an order la any case lies very largely in the discretion of the trial court. Under the facts presenteil, we cannot say that the court abused its discretion. If it had appeared that the defe^ndant ^vas altogether ignorant of the development w^ork done by the owners of the Minnie Healy mine, we apprehend that no comjdaint would have been made of the order. It is 422 State kx rel. IIeinze v. Dist Ct. [Mar.T.'02 upon til is (ievelopiiient, and the facts as they appear to them, that the plaintiffs base their claim of title to ores beneath the surface of defendant's claims. The defendant, under these circumstances, v^ould have l>een entitled to the order, ahnost as a matter of course. The necessity to know the facts as to the develojmient done during the time elapsing from March luitil September was no less urgent. That it already has part of the information obtainable under the order is no sufficient reason whv the defendant is not entitle<l to the rest. In anv event, we do not think that we should direct the district court to vacate the order entirely and postpone the examination until the issues have been made up. It may he that before that time arrives imjDortant openings will have l^ecomo destroyed by cav- ing, or filled with waste, thus rendering the inspection more difficult and exi)ensive. We think, liov;ever, that the order should be modifieil in one im}X)rtant particular. It a]>])ears that the owners of the Min- n^ie Healy mine have extensive workings to the south, lx)th with- in their own boundaries and l)eyond them into adjacent claims. The order is extensive enough to permit an inspection and sur- vey of all these workings also. It should have l)een limited to those only a knowledge of which would avail the defendant ; namely, those extending easterly and westerly along the lodes, and from these north toward and into the Piccolo, Gambetta, and Dayton claims. Xo controvei^sy exists l)etw^een the parties as to the facts j-hown by the o])enings to the south. There is no fact in the record .to warrant an order wuth reference to them. Ins])ection orders should always Ix? limited by the ne- cessities of the cai-e. When they exceed this limit, they become the means of oppression. Facts might })erhaps he show^n justi- fying an order extending the survey to the whole of the Minnie llealy claim ; but they do not aj)])ear in this record. ' It is argued by counsel for the relators that the order should not extend to the o])enings into the Dayton claim. It will be observed, however, that the claim is made by the relators that the veins in controversy dip toward the north and cross both 26 Mont.] State ex rei-. Hkinze v. Dist Ct. 423 of their end liiMjs. The defendant should be allowed to exam- ine all the workings made in pursuit of these veins in the direc- tion of their strike, in order to determine the continuity of their direction from east to west, as well as the angle of the dip. Observations made beyond the west end lines of the Pic- colo and Gambetta might l)e of material assistance in deter- mining conditions east of that ix>int and within the sphere of the actual controversy. It is also suggested by counsel for relators that Section 1314, iiui^ra, does not authorize an inspection order in a case in which an injunction lias been issued, since to permit entrj' by the en- joined party during the i)endency of the injunction dissolves it IjI'o ianto, whicli may be done only uiK)n motion made for tliat purpose at the proper time. A sufficient answer to this suggestion is ihat the statute makes no distinction as to the cliaracter of relief sought in the particular action. Further- more, upon the relators' own showing, the injunction asked for in the cause \va?5 denied. The suggestion, if of sufficient im- portance to demand consideration in any case, is not i>ertinent here. It is not unusiial in controversies of this character to permit insjicctions froiii time to time as oj)erations progress during the j)endency of the action. In this case the relators are pursuing their operations in the- disputed territory. We do not think it improper for the court, under these circumstances, to peniiit two employees of the defendant, designatcHl l)y name, to make weekly insjKviion of the ])remises under reasonable restric- tions. The insiKvtion should Ik* limited to the necessities of the case, as herein indicated. In other refti)ects the order was properly made, and nmst therefore stand. The writ will accordingly issue, directing the district court to modify the order so as to })ennit the survey and inspectiem of all the o])enings in the Minnie Ilealy claim along the veins in controversy, from east to west, and also all openings made 424 State ex iiel. IIeinze i'. Dist Ct. [Mar.T/02 by relators in pursuit thercn^f toward the north, whether the same be w^ithin or without the boundaries of tlie claim, spe- cifically restricting the inspection of these limits. Modified. Ox KeII EARING AXI) iloTION TO MoDIFY THE JlOGMEXT. (Submitted May 6, 1902. Decided May 12, 1902.) MR. CHIEF JUSTICE BRAXTLY delivereil the opinion of the court. lielators have* submitted a motion for a rehearing herein, basing it upon several gi'ounds, all of which question the suffi- ciency of the evidence to sup})ort the order made by the district court. This was the principal contention made at the hearing. After a careful examination of the facts presented, aided by argument of counsel, we reached the conclusion that the con- tention could n Jt be sustained. Xothing is now called to our attention which we think justifies a change in the view then taken. Since the o])inion in this case was written we have had occasion to consider in another case the nature of the sliowing necessary to supi)ort an insjx^ction order in a ]>ending action, with the result that we are confirmed in the conclusion reached u])on the investigation of this case. (Slate ex rel. Geyman v. Distrid Court. .20 ilomt. 4:3.*], 68 Pac. 8C1.) The motimi for a rehearing is therefore denied. Counsel for defendants, in connection with the motion for rehearing, have submitted an application for a modification of the order made in the case by this court, so that it may point out definitely 'vhat jx>rtions of the workings in the Minnie Ilealy claim are excluded from its operation. It was our pur- pose^ to have the inspection extend to the openings on all the 26 Mont.] Statk ex kkl. IIeinze r. Dist Ct. 425 veins in controversy in tlie action in tlie district court, as de- scrilKHl in the <^^-oniplaint. They are descrilx'd therein as pass- ing through the east and west end lines of the Minnie Healy claim, and having their apices between the south side line of the Piccolo claim, as surveyed, and the south side line of the Minnie Healy claim, as surveyed. It is alleged in the com- plaint that the defendants are trespassing upon all of these veins by means of their workings made through the Leonard sliaft. The controversv therefore extends to all of the veins descril)od in the complaint as having their apices north of the soTith boundary cf the Minnie Healy. It appears from the evidence that lliere are workings extending south from the Minnie Ilealv Into the Tramwav. Tlie intention of this court was to require tlie district court to exclude from the order these workings only, i«nd to permit the examination to extend to all workings made vpon any or all of the veins brought into the controversv in the action. As there mav likelv arise a contro versy l)etwe<*n the parties as to the extent of the inspection per- mitted under it, the order of this court will be modified to read as follows: The writ will accordingly issue dirwting the district court to modify its order so as to pennit a survey and insj)ection of all of the openings made for the purjK)se of developing any of the veins found in tlie Minnie Healy claim, whether tliese openings extend from east to west, or toward the north, to- gether with all connt^ctions between any of them, but exclud- ing all openings leading south into the Tramway claim and connecting the o[)enings therein with those made in the Minnie Healv claim. 42G TixKEL r. Grifkix et al. [Mar.T/02 TIXKEL, Appkllaxt, r. GRIFFIX et al., Respoxdexts. (No. 1.741.) (SubmlttHl January 28, 1902. Decided April 28, 1902.) Elections — Couniies — Indebtedness — Submission of Ques- tion to Electors — Form of Ballots — Majority Required. 1. Constitution. Art. XIII, Sec. r», prohibits any county from incurring any indebtedness for any single purpose, exceeding (10,000, without the a|>- proval of a majority of the electors voting at an election to be provided by law. Political Code. Sec. 4270, authorizes the county commissioners to submit such question to vote. Section 4272 provides for the giving of notice of such election, and provides that the election shall be in the manner prescribed by law in regard to the submission of questions under the general election law. Section 4273 only requires that there shall be printed on the ballots the words "For the Loan" and "Against the Loan." Held, that ballots so printed in such an election were sufficient, without further specifying the purpose and nature of the proposed loan, as l*o- Utlcal Code. Sec. 1354, requiring questions to be voted on to be presented to the people in such a manner as to enable them to vote thereon in the manner provided In the title In which the section Is found does not apply thereto. 2. Constitution Art. XIII. Sec. 5, prohibits counties from contracting an indebtedness exceeding $10,000, for any purpose, without the approval of a majority of the electors voting at elections to be provided by law. I*o- lit leal Code, Src. 4270, authorizes the county commissioners to submit such question to vote. Held, that a favorable majority of all the votes cast on the question of Incurring the indebtedness, at a general ele<*tion at which the question is submitted, is sufficient to authorize the Indebtedness, though such majority is not a majority of all the electors voting :it such election. Apical from Di.^trict Court, Flathead County; I). F. tSmith, Judge. IxjrxcTiox liv L. Tinkel against W. 11. Griftiii and others, lH)arcl of c'ountv loininissioners of Flathead county, to restrain a bond issue. From a j.udgiiient denying an inteHoeutory in- junction, the j)laintiflF appeals. Affinned. ^fessrs. Foot i(- Pomrroy, for Appellant. Cited: Ilowland v. Board of Supervisors, 100 Cal. 152; Bellcnap v. Lovisville, 30 S. W. lllS, 34 L. R. A. 25(5; People V. Berkley, 102 ('al. 2t)S ; State v. Bahcocl\ 17 Xeb. 18S; 26 Mont.] TixNKEL r. Griffin et al. 427 State V. Foraher, 46 Ohio State, 677; People, ]Yheaton v. Wiant, 48 '111. 263; Everett v. Smith, 22 Minn, 53; State, Jones V. Lancaster County Cornrs, 6 Neb. 474; State v. J5(?7i- /o«, 29 Neb. 460; J9t/te v. Broicn, 06 X. C. 127; State v. Francis, 95 M ). 44. .1/r. James Donovan, Attorney General, for Respondents. MR. (^II1P:F JUSTIC^E BRAXTLY (leliveveil the opinion of the eonrt. At the general election held on Xovenilx^r 6, 1900, there was submitted to the electors of Flathead county the question wliether the board of connnissioners of the county should issue its l)onds to secure a loan of $55,000 to create a fund for the purpose of building and furnishing a county court house and jail. Upon canvassing the returns of the vote cast \\\x)n this question, the commissioners declared tliat the proposition to secure the loan had been approved by the requisite majority, and were proceeding to issue and sell the lx)nds under the au- thority thus assumed to have been given. Thert^upon this ac- tion was brought by the plaintiff, an elector and taxpayer of the county, to enjoin further proceedings in the matter on the grounds that the question had not been submitted to the elec- tors in the manner j)rescril)ed by the statute, and that less than the required numlx»r of those voting at the election had signi- fied their ajvproval. Tpon the filing of the complaint, applica- tion was made io the district court for an injunction pendente lite. The a])pl;cation having been denied, the plaintiflF aj> pealed. 1. Tt is argued by counsel that the election was invalid for ihe reason that the ballot pre])ared by the county clerk did not sufficiently set forth the qiiestion to l>e submitted to the electors, in that it was not ])rinted upon the ballot at length, immedi- a[ely over the spaces where the electors were to indicate their 428 TiNKEL r. Griffin et al. [Mar.T.'02 pn fereiK'c*. Tlie fc»riii r»f the ballots, so far as concerns the jircscnt inqiiirv, was as fellows: • For the Loan Against the Loan It is adniittc^l that due notice was published as required by statute; but it is insisted that the statute also requires any question submitted to the electors of the state, or of any di- visi(»n thereof, ' ) be printed in full upon the ballot in the same way and in the ^anie relative position as the name of a particu- lar office, s(j that n voter may have it l)efore hini when he marks his ballot, and that, unless this requirement is observed, the election is invalid. Section 1*554 of the Political (Vxle, cited in support of this contention provides: ^'Whenever the secretary of state has dulv certifie<l to the count v clerk anv question to be submitted t .«■ a, 1 to the vote of the i)eople, the county clerk must print in the regular ballot, 'n such form as will enable the electors to vote upon the question so presented in the manner in this title pro- vided. The county clerk nnist also prepare the necessary bal- lots whenever any question is required by law to be submitted to the electors of anv localitv, and anv of the electors of the state generally, except that as to all questions submitted to the elec- tors of a mimicipal corporation alone, the city clerk must pre- pare the necessary ballots. * * *" So far as this provision refers to the i>rinting upon the ballot of the question submit- ted, its meaning is not clear. As first enacted by the legislature in the (%>de of. 1895, it read: **Whenever the secretarv of state has duly certified to the county clerk any questioin," etc., **'* * * the county clerk must print on the regular ballot the ([uestion in sueli fonn as will enable the electors to vote," etc. Jt was amended by a subscxjuent Act of the same session (Act Mnreli li), 1SJ)5), from which the section as it now stands was taken. The omission from the amended Act of the words "the 26 Mont] TiNKEL v, Geiffin et al. 429 question" was probably by inadvertence, since the active verb "print/'' in tlio present reading, is left without an object. If these words be =rupplied, as they doubtless should be, the sense is madt' clear, as far as concerns questions to be submitted to the electors of rho stat-e at the general election. It is only by inference that the provision may te extended to questions sub- mitted to tlie electors of a county. For the purpose of this case, we shall conceile that this would be the proper inference to he drawn from the language useil, and that it ^vould control in the absence of special provisions touching matters of local concern. There .nre, however, special provisions with reference to the issuance of bonds by counties, enacted under the authority of the constitution, and tliese must be deemed controlling upon this subject. The Constitution, Article XIII, Section 5, pro- vides : ''* * * Xo county shall incur any indebtedness or liability for any single purpose to an amount exceeding ten thousand dollars ($10,000) without the approval of a majority of the electors thereof, voting at an election to be provided by law." Under this provision the legislature might have declared that the election should be held only at the time w^hen a general election is held, and that the ballot used should in all respects comjily with the requirements with respect to questions con- cerning the state at large.' Instead of doing this, however, it has provided for a special election to be held whenever, in the opinion of the county authorities, the necessity for an issuance of bonds arises. The provisions on this subject are found in Sections 4270 to 4274, inclusive, of the Political Code. Sec- tion 4271 declares that "whenever it is necessary to submit to a vote of the electors of the county the question of making a loan, the board [of commissioners] must first determine the amount necessary to be raised." The next sex?tion (4272) pro- vides for the giving of notice, and then proceeds, "and the election held and conducted, and the returns made in all re- spects in the manner prescribed by law in regard to the sub- mission of questions to the electors of a locality under the gen- eral election law." Section 4273 provides tliat there shall bo 430 Tl^'KEL V. Griffin et ai*. [Mar.T/02 printed upon the .ballot the words ^*For the Loan" and "Against tlie Ix)an," but iothing further; the Ic^slature evidently pro- ceeding uiKm the theory that Section 1354 contains no explicit l)ro vision on this subject, and that the notice given by the l)oard of the purpose and amount of the loan, which must be published, under Sections 1318 and 1321 of the general elec- tion law, is sufficient notice to the electors of the question at issue. Construing all these provisions together, we think this intention is manifest. Section 4272 therefore has no reference to tire printed form of the ballot, but merely requires that the j)ro visions of .he general election law twiching the qualifica- tions of the voters, the appointment of judges and clerks, the secrecy of the ballot, and the method of voting should be ob- served. This must necessarily Ik? the import of these pro- visions, else we must add to them a further requirement that the board may 2»ot submit the question of a loan at any other time than at a general election, whereas the clear inference, otherwise, is that this may be done at any time. The fact that the board chose to hold the election on the same day upon Avhich the general election fell makes no difference in the re- quirements to l>e ol>served. The clerk followed the direction contained in Se'^ftion 4273, and that was sufficient. Counsel sav that it is often advisable for the board to sul>- I. mit propositions for loans for si)ecific amounts for different pur|X)ses separately at the same election, so that the electors may, if they choose, rejtx't one and approve another, whereas the construction we have given the provision of the statute renders this course impossible. We do not think that this re- sult necessarily follows. There would seem to be no insuper- able objection lo submitting separate propositions for two oi* more loans at the same time, provided the ballot should be so arranged, with proper designation of the different purposes, that the electors could vote upon them separately. Th') ques- tion does not urise in this case, however, and we would not venture to anticipate it and decide it now. We are satisfied that our views cf the provisions of the statute, upon the facts 26 Mont] TiNKEL -r. Griffin et al. 431 • presented in this case, are reasonable, and carry out their spirit and intention; it being admitted that the purpose for which the loan is intended is a single purpose. 2. It appears that the highest number of votes cast for any office voted upon at the election was 2,400, that 1,000 were cast in favor of the issuance of the bonds, and that 462 were cast against it. It thus clearly appears, counsel say, that the proi)osition did rot receive a majority of the electors voting, within the meaning of Section 5^ Article XI IT, of the Consti- tution, supra. It will be ob53rved that the reipiirement is that the approval must be by a majority of the electors of the county voting, not at a general election, but at aix election to be provided by law. As we have reen, such an election has been provided by law to be held at any time it may be deemed necessarj^ by the board of commissioners. It happens, also, that the manner of hold- ing it is the same as that prescribed -for general elections. Thus it may, with perfect propriety, be held at the same time at which a general election is held ; but the fact that this is the case does not require a diflFerent standard of estimating the majority necessary from that which w^ould govern if the elec- tion is held on a diflFerent day. The evident meanins: of the constitution is 'hat the approval must l)e the result of an ex- ])ression of a luajority of those voting. The expression "ma- jority of the electors thereof voting at an election," etc., clearly means a majority of those who vote, and not a majority of all the electors of the county, or of those who vote upon any other issue at the same or some other time. If the election on the issue of a loan liad been upon another day, there would have been no question but that it would have had a majority of the electors of the '^ounty who voted. It was none the less a special election, within the meaning of the law, though in this par- ticular instance it was held, for convenience, on the day fixed for a general election. It is the theory of our government that those electors control public affairs who t^e a sufficient in- terest therein to give expression to their views. Those who 432 TiKKEL V, Griffin et al. [Mar.T/02 refrain from su( li expression are deemed to yield acquiescence. In a recent case the court of apjieals of Kentucky, having under consideration a similar constitutional provision, said: "It is a fundamental principle in our system of government that its aflFairs are controlled by the consent of the governed, and, to that end, it is regarded as just and wise that a majority . of those wlio arc interested sufficiently to assemble at places provided by law for tlie purjx^se shall, by the expression of their opinion, direct the manner in wliich its affairs shall be conducted. When majorities are six>ken of, it is meant a ma- jority of those who feel an interest in the government, and who have opinions and wishes as to how it shall be conducted, and have the courage to express thein. It has not been the policy of our goveniment, in order to ascertain the Avishes of the people, to count those who do not take sufficient interest in its affairs to vote upon questions submitted to them. It is a majority of those who ai'e alive and active, and express their opinion, who direct the affairs of the government, not those who are silent 'md express no opinion in the manner provided by law, if they have any. Before reaching a conclusion that those who framed our fundamental law intended to change a w^ell-settled policy by allowing the voter who is silent and ex- presses no opinion on a public question to be counted, the same as the one who l^nkes an interest in and votes upon it, we should be satisfied that the language used clearly indicates such a pur- pose." (Montgomery County Fiscal Coxvrt v. Trimble, 47 S. W. 773, 42 L. R A. 738.) We are aware that the decided cases are somewhat in con- flict ; but, in the al)sence of an express direction requiring the application of a different rule, we think this fundamental principle should control in this case, as giving effect to the clear intention of the constitution. The following cases we cite as support of this view: Smith v. Proctor, 130 X. Y. 319, 29 N. E. 312, 14 L. R. A. MSiHoiclmd v. Board of Supervisors, 109 Cal. 152, 41 Pac. 804; Cass County v. John- ston, 95 U. S. 300, 24 L. Ed. 410; CaiToll County v. Smith, 2<» AFrnit. I State ex rel. Geyman v. Dist. Ot. 433 111 U. S. 556, 4 Sup. Ct. 539, 28 L. Ed. 517; Gillespie v. Palmer, 20 Wis. 544. The order of the district court was correct, and must be affirmed. Afjp.rmed. STATE EX 3?el. GEYMAX, Kelator, v. DISTRICT ^ J^ COURT OE THE SECOND JUDICIAL DIS- ~~ TRICT et al.^ Respondents. (No. 1,811.) (Submitted April 28, 1902. Decided April 29, 1902.) Mines and Mining — Inspection and Survey of Mine — Power of Court to Grant. Section 1317 of the Code of Civil Procedure is not applicable where the peti- tioner asserts no interest in the property of which inspection is sought, or through which entry is necessary to inspect adjoining property. Certiorari by the state, on the relation of Charles G^yman, against the district' court of the Second judicial district of Montana, Hon. E. W. Harney, judge thereof, to review an order made by the court. Order annulled. Messrs. McBride & McBride, for Relator. Messrs. Forhis & Mattison, Messrs. McIIatton & Cotter, and Mr. John Lindsay, for Respondents. MR. CHIEF JUSTICE BRANTLY delivered the opinion of the court. Application for writ of certiorari to have reviewed and an- nulled an order made by the district court of Silver Bow Vol. XXVI- 28 26 484 30 57 30 832, 434 Stvte ex BEL. Geyman v. Dist. Ct. [Mar.T.'02 county on April 18, 1902, permitting one Hubert to enter cer- tain of the underground workings of the Yankee Boy lode claim, belongijig to the relator herein, and to make inspection and sun'ey thereof. Hubert, in his petition filed in the district court, alleged ownersliip of adjoining property, but claimed no interest in the Yankee Boy premises. The purpose sought by the survey ■ Avas to discover whether the relator had entered, by means of his underground workings, beneath the surface of Hubert's property and removed ore therefrom, ^o suit was pending between the parties. The order was made upon the theory that the court was authorized to grant it imder Section 1317 of the Code of Civil Procedure. This section was construed in State ex reh Anaconda Copper Mining Co, v. District Court et al. (Xo. 1,750), 26 Mont. 396, 68 Pac. 570, and in State ex rel. Anaconda Copper Mining Co. v. District Court et al. (Xo. 1,775), 26 Mont. 412, 68 Pac. 1134, decided al the present tenn. It was thore held tliat this section has no application to a case in whicli the j^etitioner asserts no interest in the property of which inspection is sought, or through which entry is neces- sary to inspect £id joining property. Under authority of those cases, the order imder consideration was without jurisdiction, and must be annulled. It is so ordered. I % (^UMMIXGS, A^PELLA^T, v. IIELEXA & LIVIXGSTOX f-H SMELTING & REDUCTIOX CO., Respondent. 31 146 31 440 31 MS^ (No. 1,383.) ^ ^^\ (Submitted November 20, 1901. Decided April 29, 1902.) ,26 36 16^ 2(> 434 Master and Servant— Mining — Action for Injury — Motion for •^^ -Jl?. ^^^^^^i^—R^de of Consideration^Contributory Negligence ^24 —P^^^^i^'f^-g— Burden of Proof— Evidence — Contributory Negligence — Ordinary Care. 26 41 2G Mont.] CuMMiNGS v. II. & L. S. & K Co. 435 1. On motion for a nonsuit, the evidence will be regarded in the light most favorable to plaintiff, and that which it tends to prove must be taken as proved. 2. Where plaintiff's own evidence shows that he ought not to recover, a non- suit should be granted. 3. Though, in actions for injuries, the absence of contributory negligence need not be pleaded, if the complaint shows that plalntlff^s own act was a proximate cause of the injury it must also state his freedom from negli- gence in doing such act. 4. Where plalntlff*s evidence in an action for injuries shows that the Injuries were caused in whole or in part by his own acts, the burden Is cast upon him to prove that he was exercising ordinary care at the time. 5. Where, in an action for injuries, plaintiff's evidence shows, beyond ques- tion, that his own omission to use ordinary care contributed immediately to, or itself caused, the injury, a nonsuit should be granted. 6. Evidence reviewed, and hcldj that plaintiff, in proving the circumstances of the accident and injury, succeeded in establishing for the defendant the defense of contributory negligence, and hence, the granting of a nonsuit was proper. Appeal from District Court, Jefferson County; M, II, Par- ker, Judge. Action Ly Martin ('umiiiings against tlie Helena & Living- ston Smelting 'z Reduction Company. From a judgment in favor of defendant, plaintiff appeals. Affirmed. Mr. T. J. MVatsh, and Mr, C, B, Nolan, for Appellant. On the review of a motion for nonsuit, everything which tlie evidence tended to prove will be assimied to be true by tlie ap- pellate tribunal. {Creek v. McManus, 13 Mont. 157; Wetz- sfein V. Joy, ib. 444; Mayer v. Carothers, 14 ib. 288; /S'/a/e ex rel, Pigott v. lienton, 13 Mont 322 ; Powers v. Klenzie, 15 Mont 179; Jensen v. Barbour, 15 Mont 586; Soyer v. Great Falls WcUer Co., 15 Mont 5 ; Emerson v. Eldorado Ditch Co., 18 Mont 254; Holier Lumber Co. v. Fireman's Ins. Co., 18 Mont 288 ; State ex rel. Harmon v. Conroiv, 19 Mont 106 ; Morse v. Com^ of Granite Co., 19 Mont 453 ; Cameron v. Commercial Co., 22 Mont 312.) Negligence is generally an inference from many facts and circumstances, all of which it is the province of the jury to find. It i« not the duty of the court in such cases, any more than in any other, to usurp the province of the jury, and pass 4:^^> c :::>.,. r. H. A: L. S. i R Co. .larT/ni i:}- a *].fr ic,'-'^: - i.-i a r. ::-'::: can onlv be granted in such cases wherf: 'i.^r ev::.r.^-e •>: *Le ii.iT*>:ndiict cf the party injured is sci c>ar ar-'i irre^i-*^*. le a-? :•• ju: iLe ease on £ par with those c;i-f^ vL-re a i--:n--:: i-? irranttJ for a failure to introduce evi»l^*ice ^Mrrlci'-r^t r». 2*:» to :Le jury up>n s<:»me point essential t«^ p^ain'in's ca-=?. I ir^.'.' V. Ui^hii Si. Bail way Co., 12 Mont. 40. ) The prii^dry dry ileT..»lre»l ujK^n the defendant to em- pl'»y c^irqtifTrA men. This duty it owed to the plaintiflF. Equa;Iy in.j-^-raiive was it if the inonipeteney of the servant came to ifs knvv.!»>]^e after his emi»l««\Tnenr to discontinue the ser\'i<-e *.•{ surh vrnrK've. \KfA*.^f \. Cable Co., 7 Mont, 80; Ktlhy V. Fourth of Jul*j Co., 16 Mont. 497; Wehsicr Manufac- turing Co. Y. Schmidt, 77 111. App. 49 ; Dysart v. Kansas City, etc., 145 Mo. S3; J/zu'/.'/i/iJ v. Gilbert Paper Co., 97 Wis. 476.) While this duty devolves ujM:»n the master to furnish com- petent servants, if the fact of incompetency is known to the fellow servant and he continues in the employ of the master, there is on his part an assumption of the risk. {Stafford v. Chicago, etc. R. Co., 114 IlL 244.) If, however, the master promises that the danger due to the neglect of the fellow ser- vant will he remedied, a retention of employment for a reason- able time will lo warranted, without the assumption of risk therefrom, or without contributory n^ligenoe, unless the dan- ger is so apparent, imminent and immediate that a man of ordinary prudence would refuse so to remain. (Smith v. Backus Lumber Co., 64 Minn. 447 ; Kelley v. Fourth of July supra; Dougherty v. Midland Steel Co., 53 X. E. Rep. 844; McFarland Carriage Co. v. Potter, 153 Ind. 107 ; Nelson r. Shaw, 102 Wis. 274.) If the master promises the employe that an incompetent servant will be removed, he is justified in remaining a reasonable time. (Lyberg v. N. P. Railroad Co., 38 X. W. Eep. 632.) The instances are exceedingly rare where a servant can be held guilty of contributory negligence as a matter of law, where a promise has been given. The ques- tion is invariably one for the jury. (Union Manufacturing Co. V. Morrissey, 40 Oh. St. 148 ; Northern P. Co. v. Bdbcock, 26 Mont.] CuMMfNGs v. 11. & L. S. & R. Co. 437 154 U. S. 100; see cases cited, 40 L. K. A. T87, Xote.) Wlietlier there was an actual promise is a question for the jury where it arises from implication. (82 Iowa, 179.) It is always a question for the jury as to whether tlie sen^ant's reliance on a promise hy the master induced him to continue work. (Man- ufaciuring Co. /. Monissey, 40 Ohio St. 148 ; Raihenherger v. N. ir. Consolidated Milling Co,, 57 Minn. 461.) Where a nuister is negligent in furnishing defective ma- chinery, one who continues in service under promise by another servant to repair is injured, it is immaterial wliether" the ser- vant making the promise had authority to do so, provided the injured servant upon reasonable grounds supposed him to have. (Dells Lumber Co. v. Erielson, 80 Fed. 257.) If the sen^ant has reasonable grounds for l)eHeving that the master Avill re- move the source of danger, wliether the impression is the result of an explicit promise or not, he may continue working without culpability as long as the jury may consider it reasonable to retain that belief. {Hoffman v. Dickinson, 31 W. Va. 142.) It is not necessary that there should be a formal protest or an express promise. {Eoihenherg v. N. W, Con. Milling Co., supra; Pieart v. Chicago R. I. & P. Ry. Co., 82 la. 148.) Much emphasis is given to the fact that no complaint was made by the plaintiff. It is purely a question as to which as- sumes the risk, the plaintiff or the defendant. (Schlitz v. Pabst 59 N. W. 188; Green v. Railroad, 17 K W. 378; Smith V. Lvmbrr Co., 67 N. W. 308.) A foreman .)f a mine having authority to employ and dis- charge a laborer employed therein, is not a fellow servant with snch laborer so as to relievo the owner from liability. (Kelley V. Cable Co., 7 Mont. 80.) Whether a foreman of a mine is a fellow servant is a question of fact for the jury. (Wellsville Coal Co. V. Schwart, 177 111. 272; Hill v. Winstonfl5 K W. 1030.) That parties are under his supervision and subject to his control is the best evidence that he is a vice principal. {Union Pacific Railivay Co. v. Doyle, 70 X. W. Rep. 43.) One who has power to employ and discharge lalx>rers in his 438 (^'MMixGs V. H. & L. S. & R. Co. [Mar.T/02 department is a vice principal. {Fort Smith Oil Co. v. tSlover, 58 Ark. 1G8.) It was the diitj^ of the master to employ com- petent servants; if instead of performing this obligation, he engages another to do it for him, he is answerable for the ne- glect of that other, no matter what his position as to other matters. {N, I\ B, Co, v. Patersoti, 162 U. S. 34(5; Iless v. liosenihal, IHO 111. 021.) This doctrine is verv clearlv and forcibly annonnced in an elaborate note, 75 Am. State Reports, p. 51)5. The duties v)f the master alx^ve enmnerated are those im- posed njion him by law. They are positive, absolute and per- sonal, and the iiiaster, whether an individual or a corporation, cannot evade liability by delegating their performance to an- other. Xo duty belonging to the master to i)erfomi for the safety and protection of his servants can be delegated to any servant of anv i»:ra(le so as to exonerate the master from lia- bility to a servajit who has been injured by its non-perfonnance. The agent to whom such duty has been delegated, whoever he may be, and notwithstanding he may be a fellow servant in other respects, is a vice princi])al or representative of the mas- ter. In other words, he is the master's alter qcjq, whose negli- gence is that of the master, and for which the master is respon- sible, whether 'an em])l()ye or a third person is injured thereby. (\)ntributorv negligence is a matter of defense, and plaintiflF need not allege or prove its absence. {Ilifjley v. Gilmer, 3 ■yfont. IMi; Xelsofi v. City of Helena. 10 Mont. 22; Mulville V. iW. Mut. L. /. Co., V,) Mont. 050.) If the (piestion of negligence or '/outributory negligence is a fairly disputed ques- tion of fact, it jiust be resolved by the jury. (Wall v. Helena St. Ilailwari (V;., 12 Mont. 50.) Contributory negligence be- ing an attirmative defense cannot' be considered on a motion for a nonsuit .*it the close of plaintiff's main case. (Powell v. Southern liaiUray Co., 125 X. C 370.) The present case differs in ]>rin'M])le from one where the proximate cause of the injury was ])laintiff's own act, in that event it would be in- 26 Mont] CuMAiiNGs v. II. & L. S. & R. Co. 439 cumbent upon I'ini to show that he was free from contributory negligence. {Prosser v. Railway Co., 17 Mont. 388.) It was error to deny plaintiff's application for leave to intro- duce supplementary proof. While conceding that a large meas- ure of discretion vests in the trial court in a matter of this kind, wo feel that here there was an absence of any reason ^vhy the applicalioin ehould be denied. (See Pitts v. Florida Cerir fral R, R. Co., f?7 S. E. Rep. 7\), 180.) Messi's. Cidlen, Day <& Cullen, and Messrs. Toole cC* Bach, for Respondent. There is no dispute or disagreement between counsel as to the rule applicable to the review of the evidence on motion for nonsuit. Everything which the evidence tends to prove will be assumed to le true. But it is what the evidence tends to prove that is nssumed to be true. Where the facts are undis- puted and but one inference can l)e drawn from them, the plain- tiff's right to ri-cover thereunder is a question of law. And where the plaintiff fails to establish any fact from which the defendant's nea^ligcnce could be inferred, the plaintiff is not entitled to recover and the motion should be granted. So, too, where the i)laintiff's own evidence establishes his contributory negligence it bars his recovery as effectually as a failure to in- troduce any evidence u})oii a ]X)int essential to his case, and a motion for nonsuit should be gi'anted. {Wall v. Helena St. Ry. Co.. 12 Mont. 49; T Amer. & Eng. Enc. Law (2d Ed.), 454.) It is well settled that to make the master responsible for the negligence of the incompetent servant, it must not only a])pear that the servant was incompetent, but it must also api^ear that the injury resulted from such incompetency. (12 Amer. & Eng. Enc. Law, 918, and cases cited.) The facts in this case are veiy similar to those recited in McAndrews v. Raihray Co., 15 ifont. 299. In order to relieve the servant from the as- sumption of ri/k, the master should have induced the servant to waive his right to leave the service, either by taking upon 440 Cl'mmixgs r. H. k L. S. & R. Co. [Mar.T.'02 himself the reiponsibility for injuries which might result, or by leading the servant to believe that the danger would be re- moved. Where the declarations of the master are made for his own benefit, or for the purpose of advancing his own m- te^e^t, thev will not amount in law to such a promise as will relieve the servant from the assumption of risk. {Intenui' iionnl & G. X. Ey. Co, v. Turner (Tex.), 23 S. W. Rep. 146; see also Leirks v. yew York & X E. Ihj. Co,, 20 X. E. 430.) Portions of a mine from which ore is being taken, and which as the work progresses it l)ecomes necessary to timlxT, are not, from the time it becomes necessarv to timl>er them, places for work, within the rule requiring a master to furnish his em- ployes a safe pla(!e to work. {Feiaja v. Min. Co., QG X. W. 951.) It is not m^essai-v- that a servant should l>e wame<l of every i)ossible manner in which injurs- may occur to him, nor of risks that are as obvious to him as to the master, and where a mature and experienced man engages in a dangerous occupa- tion, with the risks of which he is familiar, and is injured, not . through defect in the apidiances, but by the manner of their ojjeration, incident to the business, he cannot recover against the master. (Lorjgin/j Co. v. Schneidei , 74 Fed. 195.) ^^An important (onsidoration, often overlooked, is whether the structure, ap})liance or instrumentality is one which has been furiii.slu^d for tlio work in which the servants are engaged, or wlu'tljor tlie fur:iishing and i)reparation of it is itself part of the wr,rk whici'i they arc employed to perform." (Peiaja v. ^fin. Co. (Mic'Ji.), OG X. W. 951; Sjnith v. Gramp Co., 35 X. Y. S. r>:n; Durst V. Carnecjie Steel Co. (Pa.), ^^ ^^^• 3102; McCarthj^ v. Ircm Worls (La.), 20 So. 171; KcUey v. Cahh' Co,^ 7 3j,,„t, 70; /v^^y^ ^. 7,.^,, ,V//l Co., 04 X. W. 3-^5; TAnton. Coat rf- Minimj Co. v. Persom, 43 X. E. 051; SpvUmmi v. Ill,, Co., 34 R. W. 208; Kcltey v. Fourth of July Mudng Co., IG Mont. 490.) ^rU. JrSTKrE PIGOTT delivered the opinion of the court ^rhe plaintiff, havino; suffered personal injuries in a mine 26 Mont] CuMMixGs v. II. & L. S. & R. Co. 441 situate in Jefferson county and ojyerated by the defendant, brouglit this aedon to recover $35,000 as damages. The in- juries are alleged to have occurred through the defendant's negligence. When the plaintiff rested, the court grafted a non- suit upon several grounds, one being that tlie plaintiff had assumed tlie risk of the accident which occasioned the injury, imd another being tliat he had been guilty of contributory' neg- ligence. Judgment for the defendant was tlien entered, and the ])laintift' has appealed. On motion for nonsuit, wliatever the evidence is sufficient to prove in favor of the plaintiff must be considered as estab- lished ; in other words, when such motion is interposed, the truth of the evidence tending to support the plaintiff's case must Ik? assumed and must be regarded in the light most favor- able to liim, — ihat which the evidence tends to show must be taken ^s proved. This well settled rule has been repeatedly declared and applie<l by tliis court. Xo less well settled is the nile that if the plaintiff, in attempting to make a case, shows that he ought not to recover, either a nonsuit should be entered or a verdict directed on motion, whichever practice prevails in the particular jurisdiction. In this state, nonsuit is the tech- nically correct .uetliod. (McKay v. Montana Union Ry. Co., 13 Mont. 15, :31 Pac. 999.) In actions for personal injuries the itbsence of contributory negligence is not required to be pleaded or proved by the plaintiff, but its presence is a matter of defense. Surh is the law in Montana. (Iligley v. Gihner, 3 :Mont. 90, 35 Am. Rep. 450 ; Mulville v. Pac. Mutual lAfe Ins. Co,, 19 Mont. 95, 47 Pac. 650; Sfiook v. City of Anor cmida, 20 Mont, 128, (K) Pac. Hep. 756.) The contrary rule was announced in liyaji v. Gihner, 2 Montana Reports, 517, 25 American l*e}x>rts, 744, but has been overturned by the teases cited and those referred to by the opinions therein. If, however, the complaint shows the proximate (or a proximate) cause of the injury to have been the act of the plaintiff, the complaint must also state his freedom from negligence in the doing of the act; otherwise the pleading is bad. (Kennon 442 CiMMi.NGs V. II. & L. S. & R Oo. [Mar.T.'02 • V. Gilmer, 4 Mont. 433, 2 Pac. 21) ; and so, If the evidence in l^lialf of die olaintiff shows the injury to have been directly caused (either in whole or in part) by his act, the burden is immediately upon him to prove that he was exercising ordinary . care at the time. (Nelson v. City of Helena, 1(3 Mont. 21, 39 Pac. 905.) Another rule, from which there seems to be no dissent except in Xorth Carolina (Bolden v. Railway Ca,, 123 X. i\ 014, 31 8- E. 851; Cogdell v. Railroad Co., 124 X. O. 302, 32 S. E. TOG; Powell v. Railway Co., 125 X. C. 370, 34 S. E. 530), is that if the evidence in plaintiff's behalf establishes, beyond question, that his own omission to use ordi- nary care ccmrributed immediatelv to, or itself caused, the injury, the ccmrt should on motion direct a verdict or gi*ant a nonsuit. The motion for a nonsuit in the case at bar was similar to the common law demurrer to the evidence, in that it performed the office of admittinp^ as facts what the evidence tended to ])rove, thereby presenting the queij^tion whether the facts so con- ceded, when viewed in the light most favorable to the plaintiff, were, as matter of law, sufficient to justify a verdict for him. So considering ihe evidence, the facts may be stated thus: On Saturday, Sepremkn" 28, 1895, the plaintiff, aged 33 years, a practical miner of sixteen years' experience, familiar ^^i^ll the risk and dangers incident to the hazardous (X*cupation, was severely injured ])y a fall of rock in the Alta mine, oper- ated by the dof\uulaiit, a corporation. Ife had been so in the employ of the di^fendant and working for it as an underground miner in the Alta mine since 1892. For manv vears he had operated a machine drill used for boring holes in tunnels and raises so that blasting might be done. When hurt he was en- gaged in constructing a three-compartment inclined raise on the vein, following the foi)t wall, from the 1200-foot level to an intermediate tunnel eighty fcn^t distant. The raise departed from the perpendicular at an angle of about 45 degi'ces — the dip of the vein. Each compartment was a separate chute; the middle one was the man-wav, the others, one on each side of 26 Mont.] CuMMiNGs v. H. & L. S. & R Co. 443 the mau-wav, were used for ore. Four sets of timbers were needed to make the three compartments.. These consisted of fonr equi-distant stringers, or uprights, next to the hanging wall; four stulls or cross-pieces eight to ten foct in length (ac- cording to the pitch of the walls) attached to, and supporting the top of, the ?! ringers, and reaching from wall to wall; three "girds," or girders, laid on top of the stringers and parallel with the strike or course of the vein, and nmning from stuU to stull. The Ltulls supported the stringers, and the girders served to keep hotli in place. Each three-compartment section of the rise was about six and one-half feet in height by thir- teen in length, oach room or compartment being about four feet and four inches in length along the lode on its strike or course, which is east and west. When the ground did not blast so as . to permit the stulls. and stringer to fit snugly against the coun- tiy rock, the stringers were lagged crosswise with round poles four feet and four inches in length, and then the space between the lagging and the hanging wall was fi^lled in witli waste so as to kc^p the timbers secure.' To make a fl(X)r, lagging of the same sort was laid on top of the timbers from stull to stull, and across the openings leading up to the face of the raise. The machine was set uixm the fl(X)r and the holes drilled overhead • in the face. Each set of four timbers carried the raise six and one-half feet further towards tlie tunnel. A floor was not left on each set of umbers, but whenever advance of a set higher (six and one-haif feet) had been made, the lagging of the lower floor of the last set would Ix? move<l up and the top flooring of that set left, oo that there were always t\vo floors lagged in whole or in part. The top or uj)per fl(X)r was always left open — that is, without lagging — on the side not blasted, in order that the miners might gain ingress to it from the floor Mow and see the face of the ground. After drilling and l>efore blasting, the space between the timl)ers immediately under the ground to l)e blasted was always lagged. This was done as a measure of prot.?ction to miners going to the lower floor; with the uppel' floor (or top of the tind)ers) tightly lagged under 444 - CiMMixos r. IL & L. S. & R Co. [Mar.T.'02 tlie gTouiid l>la:?tCHl or alxjiit to be blasted, a man could, with a reasonable degree of safety, reach the lower floor, cross to the side or end over which blasting had not lx?en done, or was not alxnit to be done, and then go to the npper floor through the opening left under the solid ground. The plaintiff testified: *'As Me went up we would set tlie machine for tlie purpose of drilling on one f f thc^e floors, the bar set on one of those floors that would l>e lagge<l up. We put lagging on top of the timber, too, and that made a floor, and from that floor we bored above us^. As we pro:*eeded with the work, we did not leave these floors on each set of timlx>rs: when we would get xip a set higher we would pull np the under floor and move it on up again ; we kept two floors all the time. We would pull the one l)elow up ; wh'.M wo put a set of timbers above, we would pull the lower floor up and move up. We ascended the upraise to got where we were working through a ladder constructed in this manner. As the work was carried up we always left the top floor open on the side that was not blasted out, so that a man could get through there and see the face of the ground that was left and 'also sec the ground where it was blasted." If, for example, the gi'ound in the eastern part of the face of the raise wa5 alx)ut to be, or had been blasted, the opening would 1)0 left on the western side or end under the secure ground. ^^Tn the place whore it had not been blasted, it [the floor] would be left open, so that when I came up in the morning, l)y IfKjking up I could see the face of the ground where the blasting had l)C(}n done. We put lagging on the floor immedi- ately under the place where we were going to blast, because that is where the man would come up on the first floor; if that floor was left oi)en 'md a man would go up there, there would be nothing to ])rotcct him over his head, but with that floor lagged up a man would go up and cross over to the side that was not blasted, and then he would go up there." Tor thirteen days before, and on the day of, the accident, the ])laintiff wns working on the day shift. One Running, his fellow servant, was working on the night shift, and had been 26 Mont.] Clmmings v. H. & L. S. & K Co. 445 operating the drilling machine for a month. Running would quit work at ten minutes after five o'clock in the morning, and plaintiff would begin at ton minutes before seven — about one and one-half hours thereafter. Running had had but little experience with the machine. He sometimes bored holes which inclined away from, instead of toward, the center of the raise, and which, when fired, failed to blast down the ground; the effect of this was to shake the gi'ound and make it unsafe. In order to drill ihe holes properly, so that the ground when blasted, would come down easily, it was necessary to set the machine on one Kidp of the raise and bore the holes toward the center over the man-way, and then remove the machine to the opposite side and bore the other holes toward the center. Holes drilled in this way "would have a cut so they could break their burden.'' The effect of drilling the holes was to shake or loosen the ground more or less, according to its character. Ground shaken or loosened by ineffective blasts, or by boring without blasting, should be lagged or spragged to prevent its falling upon those afterwards working under it. About a week before the accident the day shift-boss, noticing that Running had omitted to fire four out of six holes made by him, remarked to the foreman, who was authorized to hire and discharge the men, that such work would never do and "a man must be crazy to drill holes like that;" to which the foreman answered that it was the worst work he had ever seen, and asked the plaintiff for an expression of his opinion. The plaintiff told the fore- man it was hard to keep the ground safe when holes were drilled in that way, for a bowlder might drop out at any time. The foreman then said he would look after Running's work carefully and inspect it, and told the plaintiff to keep at work and do the best he could, and perhaps Running's' work would improve after a while. On Thursday, two days before the accident, Running drilled and fired six holes, which did not break, and the foreman told the plaintiff that Running was doing worse instead of better and that he would put a man in his place who understood that sort of work. Plaintiff, though 446 CuMMiNGs ^. 11. & L. S. & R. Co. [Mar.T/02 he did not announce his intention to do so, would have quitted the employ of the defendant on that day but for the alleged promise to discliarge Running. On Friday, the day before the accident, the plaintiff put in four sets of timbers, and lagged the stringers for about two and one-half feet above the floor. When he stopped work on ' that afternoon, Ihe face of the ground over the west compart- ment, or chute, was about five feet above the top of the tim- bers and, hence, about eleven and one-half feet above the floor; over the east compartment or chute, the ground hung lower, being three feet above the top of the timbers, and henco about nine and one-liulf feet above the floor, projected three or four feet over the chute, and reached from the hanging to the foot wall. This ledge he sounded with a hammer before going off shift on Friday afternoon ; finding it solid, he did not brace it. The space across the top of the sets of timbers was left open. Before going away on Friday afternoon, that plaintiff at 5 :30 o'clock, fired and blasted four holes which had been drilled by Running the night before, in the center of the raise over the man-way; two were in the hanging- and two in the foot-wall; each was seven or eight feet deep and was started about one foot above the ledge projecting over the east chute. The fur- ther ends of the holes were about eight feet from the ledge. Each hole was one and. one-half inches in diameter and con- tained powder to a depth of from eighteen inches to two feet He did not go back to see what effect the blast had, or where the dirt and rocks fell ; it was not his duty to do so. After he had blasted, the first man in the ordinary course of business to go into tlie raise made by the plaintiff, was Running, whose duties were to lag up the stringers, fill with waste the space between the stringers and the hanging-wall, drill two rounds of holes, lag the top of the timbers for a floor under the ground to be blasted, leaving the top open elsewhere, and to charge, fire and blast at ten minutes after five o'clock in the morning of Saturday. It was not his duty to observe the effect of the 26 Mont] CuMMiNGs v, IL & L. S. & R Co. 447 blast. The next man to go into the raise after Running left, Avas the plaintiff. At ten minutos before seven o'clock on the morning of Satur- day, the 28th, the plaintiff, according to custom and in the per- formance of his dutj- as a servant of the defendant, went into the raise to continue the work. He had not inquired whether Eunning was still in defendant's employ, and did not know whether or not Running had worked there during the night. His first duty \va§ to examine the ground for the purpose of ascertaining its condition and to remove that which was found to be broken down or loose. Reaching the first, or lower, floor at the west end of the section of the raise constructed by him on Friday, he :.aw that the timbers put in by him had been lagged entirely jicross the top sets, thereby making a floor which hid the face of the raise. The usual way of access was barred by this floor. Between the stringers (which he had partly lagged on Friday) and the hanging-wall there was a space three feet Avide for waste. To reach the top floor he climbed up through this space and then over the girders. Thus he brought himself upon the top floor and next to the face of the raise. If the ground over the east chute had not been drilled or blasted, the floor should have been there left open ; if drilled or blasted, it should have been closed by lagging. It was so closed; "it was lagged clear across the four sets, it was lagged right up tight." When he reached tlxe top floor he saw that blasting had been done. He saw a large opening in the ground at the west end of the face of the raise. He knew that, thirteen hours be- fore, he himself had blasted four holes over the center of the raise; this, he says, had no effect upon the projecting ledge on the east chuta He knew also that the man who had just gone off shift had drilled, and probably blasted, two rounds of holes. He found that ihe charges fired by him had knocked down part of the ground, and that the work had been continued from where the plaintiff had blasted almost to the intermediate tun- nel,— a distance of two seta or thirteen feet from the top floor. ^^Running had lagged up .that floor, and most of tlie ground that 448 Ci MMiNos r. IL & L. S. & R Co. [Mar.T.'02 he blasted was on top of this A*jot; he had the fl«x>r lagged right up tight t J the girds, and tlie dirt was on top of the lag- ging, that is, the ore/' He did not c bserve any holes that were not blasted. The first thing he did after getting on top of the floor was to pick down the Lxjse ground blasted by Running, and break into ihe tunnel, which required half an hour's work. He then ^'soun<kd all around the walls of this space of ground that was blasted out that nicht/' and fond it safe. To the face of the projecting ledge of rock, or bench of ground, he gave a ''side glance," and the ledge seemed to him to be in exactly the same condition it was on the preceding afternoon when he left after blasting four holes, except that under it there was dirt on the lagging. He could not without stooping, or remov- ing some lagging, see its "lower face," which (as has been stated) was about three feet above the lagging, overhanging the east chute three or four feet, and reaching clear across the vein from wall to wall. He could have examined the ground ; there was nothing to prevent him from doing so. Though he made examination of the "sides of it up where" he picked down the loose reck, which was to the west, it is manifest from his o\vn testimony that he neither sounded nor otherwise ex- amined or inspected the projecting ground or ledge itself on Saturday. In picking into the tunnel some waste came down. The plaintiff had orders from the day shift-boss not to permit any waste to go into the chutes, which contained ore. He told his helper, who ^vas standing on the floor below, to pull up two pieces of lagging from that floor and put it behind the stringers, as the plaintiff intended to throw waste down. The helper did as he was directed. The plaintiff then took a stone from the pile of dirt, carried it to the east chute, and dropped it down between the hanging wall and the lagged stringers. When he dropped the stone he was standing by the ledge. The stone knocked the top lagging out of place. Stooping, the plaintiff got down on his knee to replace the lagging; in doing so he put his body immediately under the ledge, and reached down be- hind the stringer. As he arose, part of the ledge fell upon 26 Mont.] CuMMJNGS v. H. k L. S. & R Co. 449 bira, causing the injuries of which he complains. Had the ^ ledge been supported, or spragged, he would have known the ground was loose or unsafe; not being spragged or braced, he thought it was just as he had left it on Friday. After the acci- dent tvvo or throe pieces of lagging on the top floor under the ledge were removed, and five or six holes were to be seen in the leilge. These had been properly bored. Tlie plaintiff knew nothing of them. The ledge was afterwards brouglit down by blasting two of the holes. The plaintiff cx)ntends that the inferences deducible from these assumed facts, which we have stated at considerable length in order that the conditions may be understood, were for the jurj' to drav;, and that they were sufficient to justify a ver- dict for the plaintiff. A servant tacitly agrees, by virtue of the contract of em- ployment, to encounter and assume the ordinary risks incident to the service, one of which is the negligence of his fellow-ser- vants. In the case at bar the plaintiff and Running were fel- low-servants in the employ of the defendant. But it is con- tended that because the plaintiff relied upon the defendant's unkept promise to discharge Running for negligence and unfit- ness, the defendant assumed the risk and hazard of Running's negligence which might thereafter cause injury to the plaintiff, and became answerable for such negligence to the same extent as it would be had the negligence been its own. For present purposes this may be granted, and it may be granted also that Running was negligent, and that without his negligence in boring six holes and leaving the ledge unsupported, the plain- tiff would not have been hurt. Assuming all this to be true, we are nevertheless of the opinion that tlie defense of contribu- tory negligence w^as conclusively made out by the evidence of the plaintiff. He, an underground miner of many years' ex- perience, following a vocation dangerous to life and limb, and familiar with its risks, was engaged in making a place^ — a place whicli he was creating and changing as the work progressed. On Friday afternoon he IJasted four holes in the center of the Vol. XXVI-29 450 CiM.MiNGs V. IL k L. S. & R Co. IJA^r.r.'Oi raiM- over tlif maii-«av or middle elnite;'these holes xvere begun ab-jiit a foot from the ledge of rock overhanging the east chute, whi<-h he souiid-d and found .^^ure. He then went oif shift, h-aviug the ti.p '.1 the tinil)er* open under the east chute. >'ow, eliminate Running from the ease, and consider the defendant (the master) a:s a natural i»ers-»n, in Running's stead. The defendant imm';<liately took up the work, diilling and blasting. Ill Ihe le^lge he Iwred six hole^, when two would have an- swered; this, we assume, was negligence. He failed to blast them or to spruj: or suppirt the ledge after the drilling; this, «c assume, was also negligence. Xext morning after the de fendant had been at work all night, the plaintiff returned to resume his work in the same plaw. Standing on the lower flfxir anil looking up to see what ground had been blasted, he found the face of the raise, including the ledge over the east chute, entirelv hidden from view by lagging across the top of the tiiiiliers and the usual way of access barred. He knew the inviiriahle custom was to lag under the ground V>lasted, and to Iwive the timliers open on the side not blaster! or about to be blasted. He knew that drilling precede<l blasting, and knew, or was bound to know, eitlier that the le<lge over the east chute had i>een blasted or was in eomlition to bo blasted. The lag- gin;: was equiv;ilent to express notice by the defendant to tlie jihiiutiff that the ledge was insecure,— it serve<l the ]iurposc "f a sign stretehrd acriiss the li^^Ige, declaring that in the pro- gress of niiniiig the groun<l had lieen shaken or rendcretl loose. It WHS unmistakable notice and warning to the plaintiff of the lisk and danger, — irs ipsa hqttrbatiu: He found there was no ivay to reat^h the upper floor except through a space three 'e lH?tween the stringers and the hanging-wall. This mode of access and ingress be nse<l, climbed over the nd so got on, the top of the floor. He knew that blast- •een done on the afternoon Ix-fore ; he know that within 3 there had been further drilling and blasting, and he first man to go into the place therejifter. His first to pick down the loose rock and inspect carefully the 26 Mont] CuMMiNGs v. H. & L. S. & R Co. 451 ground to ascertain whether it was secure. lie picked down all the rock that seemed to be loose and made some soundings of the walls. The ledge he did not sound, examine or inspect, though he could easily have done so. This he omitted because it looked solid and in the same condition it was on the after- noon of Friday. lie gave it a glance, and as it was spragged and supiwrted, ho thought it secure. It reached from wall to wall, overhanging the east chute three or four feet and stood three feet above it. Under it on the lagging he saw dirt. He got under it by stooping and kneeling; as he was in the act of rising, part of the ledge fell upon his body. Xow, the plaintiff was bound, at his jx^ril, to use ordinary' care, — that is, such care and caution as men of conmion prudence, possessing his knowledge and experience, * in the particular voca- tion, would or should have exercised if placed in the ix>sition nf the i)laiutiff at the time of the acci- dent. Extraordinary care was not required of him; but the slightest want of ordinary care on his part was negligence which, if it coatributed directly to the injury, defeats the ac- tion. The plaintiff cannot recover if he could have avfjided the injurj' by exercising ordinary care and caution. That he may not have understood the danger, or may have temporarily forgotten the risk, is of no moment; he was charged with knowledge and nndorstanding of such dangers and risks as he might have comprehended and appreciated by using ordinary <^*are; if he forgot, ho w^as negligent, for he was bound to re- -'^^eniber. The defendant was not required to take better care ^-^cf the plaintiff than the plaintiff was of himself; the measure ^-^^^^larf the duty of t ach was ordinary care. The negligence of the ^^Erv^e^ndant did not dispense with the necessity of the plaintiff's "W^i x:ig ordinary^ care. Such has been the unbroken rule since Bh£ ^ l(,rfield v. Forrester, 11 East, 60, was decided, to the pres- ent: dav. By his own careless act in getting under the ledge -wit^^-^rvv^t, inspecting or sounding it, he voluntarily exposed him- self*^ 1^ the risk of injury. The accident would not have hap- pen^^j bfl^ ^^^ plaintiff exercised due care and caution. Ilis 452 City of IIelexa r. Kogax et al. [Mar.T/02 failure in tliat res})ect was an immediate cause of the injury. Could a jury riglitly declare that an average man of common I)rudenee, similarly situated, would have acted as the plaintiff did ? Did not the evidence so manifestly disclose the plain- tiff's negligence that a verdict for him would necessarily have to he vacated on motion for a new trial? In proving the cir- cumstance's of (lie accident and injury, he succeeded in estab- lishing for his adversary the defense of contributory, or con- current negligence. The evidence left no substantial doubt upon the subject ; tlic average reasonable man, not biased by sympatliy with the plaintiff nor prejudiced by interest could come, upon deliberation, to but one conclusion. A nonsuit was therefore properly granted. We are aware of the rule that the question whether this defense has been made out is usually for the jury to decide. The case at bar is clearly one of the excep- tions. All the specifications of error are disposed of by the fore- going considerations. Let the judgment be affirmed. Ajjitmed, 26 4*2 1 26 IS CITY OF IlELE^^A, Appellant, v, ROGAX bt al., ■«^ 136 Respondents. (No. 1,684.) (Submitted January 23, 1902. Decided April 29, 1902.) Eminent Donuiin — Condemiwiion of Water — City Water Sup- ply— Power of Municipality — Complaint — Sufficiency — Description of Property — Water Rights. 1. PoUtical Code, Sec. 480O, as amended by Laws of 1897. p. 203, givea a city the right to acquire by condemnation proceedings water rights for the purpose of establishing a water supply system. 2. The owner of a valid water right owns a certain incorporeal hereditament 26 Mont.] CiiY OF Helena v. Rogan et al. 453 incident to his water right, to-wit, an easement in the stream and its tributaries above his point of diversion. lie also has the right to require Junior appropriators, who take water from the stream or its tributaries below his point of diversion, to forbear using such water when such use will deprive appropriators prior to him, downstream, of the use of water to which they are entitled. -8. In case of injury to a water right resulting from a tortious act in another county, the action may be brought In either county. 4. Under Code of Civil I*rocedure, Sec. 610, requiring that actions for the recovery of real property or an interest therein, or for injuries thereto, shall be tried in the county in which the subject of the action or part thereof is situated, and Section 2210, providing that condemnation pro- ceedings shall be brought In the district court of the county in which the property is situated, proceedings to condemn water appropriated for irri- gation purposes may be brought and tried in the county in which the land is situated, though the water is to be taken in another county. p, A complaint by the city for the condemnation for a water supply of cer- tain water rights in a stream is not defective for falling to allege that the water supply can be procured without incurring an indebtedness which, with the existing indebtedness, will exceed 3 per cent, of the assessed valuation, or that the limit was extended by having the question sub- mitted to the voters, and that a majority of the votes was in favor of the proposition, notwithstanding Constitution, Art. XIII, Sec. 6, prohibiting a city from Incurring an indebtedness, including existing Indebtedness, ex- ceeding 3 per cent, of the assessed valuation, unless the limit shall be extended by a vote of the people for the purpose of procuring a water supply. 6. A complaint by a city for the condemnation of water rights in a stream for a water supply is not defective for falling to allege that it has a right of way to the stream, or that it will be able to get one. 7. Condemnation proceedings are statutory, and a strict compliance with the requirements of the statute Is necessary. ' 8. A complaint by a city for the condemnation for a water supply of water rights in a stream, alleging that defendants "claim to be the owners of and entitled to the right" of a designated quantity of w^ater of the stream "for Irrigating purposes" in a certain county, is fatally defective for failing to describe the lands, the number and size of the ditches thereon or appurtenant thereto, and the place of diversion, though it would Involve great labor and expense to so describe the property. 9. Under Code of Civil Procedure, Sec. 2214. Subd. 3, providing that, before property already appropriated to some public use can be taken under the right of eminent domain, it must appear that the public use to which It Is to be applied is the more necessary use, water appropriated for irrigation purposes may be condemned for the purpose of procuring a city water supply, where the use for which it is to be taken Is more necessary than the existing use. 10. A complaint in proceedings to condemn for a city water supply water already appropriated to a public use must allege facts which show that the use for which the water is to be taken is more necessary than the existing use, the relative degrees of necessity being a question for Judicial determination. 11. Quaere: In a proceeding by a city for the condemnation of water rights for a water supply, is a complaint good which does not state facts suffi- cient to show the court that It Is Impossible for the city to appropriate an ample supply from the unappropriated waters of the stream? 12. Quaere: In a proceeding by a city for condemnation of water rights for a water supply, is a complaint or decree good If it employ only the word ''inches" in relation to the measurement of water? 454 (^'lY OF IIklkxa r. Rogax et al. [Mar.T/02 Appeal fro til DistrUf Court, Lewis and ilarke (*ounly; J, M. (Hemcnh, Jufhje. CoM>EMXATi'.>x proceed infrs for the piir|Kii«e of establishing a water supply hystein by the city of Helena against Hugh J. Jifjgan, the Auks Realty Company, an<l others. From a judg- ment for defendant the Ames Realty Company, plaintiff ap- j)eals. Affirmed. Statkmi:.\t of thk (*ask. This cause is l;efore us on a})peal froni the judgment of the district court in favor of the defendant Aniens Realty Company and against the })laintiff. The ])laintiff, in 1000, l)rought ])roceedings in the district court of Lewis and Clarke countv in eminent domain against 170 <lefcndants, including the Anus Realty (\)mpanv, to con- demn certain property. The complaint alleges that cm the 3d dav of DecemlKT, 1000, the citv council of the citv of Helena duly ])assed an 1 adopted an ordinance for the purpose of ac- (juiring by ccjudcmmiticai *\7){) inches of the water and water riglits of McClcllan creek, and those water rights of Prickly Pear creek com])rising tin* waters of said McClellan creek, for the ])urjx)se of j)rocuring a water Hup])ly for said city, which sliall own and control said supply, and devote the revenues d(»rive(l therefrom to the i)ayment of the debt incurred there- for; that the <)\\\y provision of the ordinance describing what water and water rights should l)e condemned is as follows: ^\Sec. *5. Tliat of the water and water rights of said McClellan creek and its tributaries, situated in Jefferson county, state of ^Fontana, and all thos(^ water rights of Prickly Pear creek, situat<»d in Jefferson and Lewis and Clarke counties, state of ilontana, comj)iisiug the waters of said McClellan creek, three hundred and fifiy (rSr>0) inches l)e condemne<l for the purjx)se of procuring a water su])idy for said city of Helena, which shall own and ?ontrol the same, and devote the revenues derived therefrom to tlu* j)ayment of the d(^bt incurrcnl therefor." A 26 Mont.] (.^tTY OF Helena v. Rogan et al. 455 particular description of McClellan creek, allying that it is a tributary of Prickly Pear creek, and situated wholly in Jefferson county, is then set forth. Then follows a particular description of Prickly Pear creek from its confluence with Mc- Clellan creek r^ its mouth at the Missouri river. From the description it is seen that the distance from the confluence? of McClellan creek to the boundary line between Lewis and Clarke county and Jefferson county is about one and four-fifths miles, and that the remainder of Prickly Pear creek to its intersec- tion with the Missouri river is wholly in Lewis and Clarke county ; further, that all the water rights sought to l>e con- demned by this action are expressly described as being only those taken frojn that portion of Prickly Pear creek exclusively in Lewis and (Marke county. It is further averred that *\said '350 inches of water and water rights sought to l)e taken is a part of and does not include all of the waters of McClellan creek and those water rights of Prickly Pear creek comprising the waters of said ilcClellan creek." It is alleged *'that the city of Helena has not now, and never has had, a water sup])ly or water system of its own ; that the use to wliich said water and water rights are to be applied is a public use, duly authorized by law, to-wit, the pro<niring of a good, pure, wholesome, and abundant suj^ply of water for the said city of Helena and its inhabitants ; * ^^ * and that the taking of 350 inches of water and water rights is#necessary to such use." Paragraph IG of the comjilaint is as follows: '*0n informa- tion and belief [it is alleged] that each of the above-named defendants has or claims to have some right or interest in those water riiihts of Prickly Pear creek in I^wis and Clarke county aforesaid, whicii comi)rise the waters of said ifcClellan creek, each of which s.iid rights or interests are hereinafter more par- ticularly descri!)ed." Following paragra])h 1(), the comjdaint contains a descri lo- tion of the iTspective interests of each of the 170 defendants to the right to (he use of the waters of said Prickly Pear creek 456 City of Helena r. Kogax et ajl. [Mar.T.'02 in Lewis and Clarke county, and, inasmuch as the only descrip- tion pertinent to this inquiry' is that of the Ames Realty Com^ pany, there is set forth only that ix>rtion of tlie complaint de- scribing said company's interests, viz., it is all^e<l ''on infor- mation and belief that the said defendants Ames Reallv Com- pany, Henry Sepple Ames, Bradford Improvement Company, Marv C. Bradford, and Lucv V. S. Ames are or claim to be the owners of and entitle<l to the right to the use of about two hundred and seventy-five (^T5) inches of the waters of said Prickly Pear creek in said county of Lewis and Clarke, dating from al30ut the Jst day of April, 18G6, for irrigating purposes in said county ; and that, by reason thereof, of the said three hundred and fifty inches of water hereby sought to be taken, tliey are or claim to be the owners of and entitled to the right to the use of about two and one-half inches of the said waters of Prickly Pear creek comprising the waters of said McClellan creek, dating from said date, and for said purpose." It is fur- ther alleged "on information and belief that the said defend- ants Ames Realty Company, Mary C. Bradford, and Lucy V. S. Ames are or claim to be the owners of and entitled to the right to the use of about one hundred and sixty-seven inches of the waters of said Pricklv Pear creek in said countv of I^wis and Clarke, daring from about the 6th day of April, 1866, for irrigation purposes in said county, and that by reason thereof, of the said 350 inches of water hereby sought to be taken, they are or claim to le the the owners of and entitled to the right to the use of ab<^)ut one and one-half inches of the said waters of Prickly Pear creek comprising the waters of said McClellan creek, dating from said date, and for said purpose." It is fur- ther alleged in the complaint "that each and every and all of the said water rights of the above-named defendants hereinbe- fore set forth are more particularly designated and described by the respective ditches of said defendants carryir^ and con- veying said wat?rs from that portion of said Prickly Pear creek in said Lewis dud (^larke county, hereinbefore described, to and upon tlieir said ranches in said county of Lewis and Clarke.'' 26 Mont.] CriY of Helena v, Rogax et al. 457 The prayer of the complaint is for the relief usually sought in condemnation proceedings. Mr. Edward Horsky, Messrs. Toole £ Bach, and Mr. It. Lee Mord, for Appellant. This is a condemnation proceeding, and thercfore Section 2iil0 of the Code of Civil Procedure must necessarily be the basis for determining the venue of such actions. Respondents' lands, its ditch'.'S, and the portion of Prickly Pear ci*eek from which its water rights are taken, are all situated in one and the same county, namelv, T^wis and Clarke county. In view of these facts \ve contend that, applying the principles hereto- fore announced by this court, and by all other authorities, said water rights and the interests therein sought to be condemned, which constitute the pro])erty sought to l)o taken by the city, are situat^l in the county of T>ewis and Clarke. {Smith v. Deniff, 23 Mont. 05, GO Pac. 398 ; l\icl-er v. Jones, 8 Mont. 225, 10 Pac. 571; Sweefland v. Olson, 11 Mont. 27, 27 Pac. 339; T>ong on Irrigation, Sees. 73, 78, and authorities cited.) Under Section 4800 (Laws of 1897, pages 210-212), the citA' clearly has the right to acquire its own water supply, either by purchase or condemnation, or lK)*th ; it is thereby author- ized and empowered. The question of j>ayment does not figure in condemnation i>roceedings until there is to be an actual tak- ing of the property cxjndenmed. Kowhere does the court pass upon the power or ability of the plaintiff to pay the damages, but, on the contrarv, the judgment is conditioned upon the pay- ment. In this way defendant obtains all the protection the statute gives him, and the court is not required to pass upon tJio matter in advance. It therefore has no placo in either complaint or summons. In so far as designating the quantity of water the plaintiff desires to take is concerned, it is specific and certain. It is running water, and can only bo defined by the number of inches to be condenmed. {Woodwai^d et al. v. Superior Court of City and County of San Fraywi^co et al., 40 Pac. 538.) For aught that appears from the face of the 458 Cvr\ OF Helexa r. Rogax et al. [Mar.T/02 • • coiii])Iaii)t, tliere is ?ufticieiit cdAi monev in the treasiirj' over aiul aUive ciirrc'iit o|)oratiiig expanses, wherewith to purchase oiitriirht the wavfT snpplv. Tlie debt to be incurred is for the water supply uul system. As to whether a debt ^nll be in- curre<l, a <h'br within the three per cent, limit, or a debt beyond the three i>er cent, limit ; and if the latter whether the limit of indebtedness has Ixn^n extender!, that is a matter of defense to Ix? set forth in lai answer as a bar and defense to defeat this procetdin^, if It does constitute such a bar or defense. **If the objecti(,n consists in the denial of some matter alleged in the j)etition, or in the existence of some extrinsic fact, which con- stitutes a bar t<j the ])roce(*dinfr, the In^tter i)ractice is to make such objectimi in the fonn of a plea or answer to the petition.'' (Lewis <m Eminent Domain, Sec. ot>0, and numerous authori- ties cited. ) ''Though the statute must Ik* complied with, a substantial c<.m[>Hance is sufficient." (Lewis on Eminent Do- main (2d Ed.), r]4s, at page >24, citing: Indianapolis, etc. By. Co, V. Chri.sfian, 'XI Ind. 3(30; Shields v. McMahon, 101 Ind. 591; Ileick v. Voir/ht, 110 Ind. 279; McCallisier v. Slmei/, 24 L)wi, 302; i<{afe v. Pitman, 3S Iowa, 252; !<tevc7is V. Board of Sti/H'rvi.sors, 41 Iowa, 34; Toirnsend v. Chicago £• Alton By. Co., 91 111. 545; Byron v. Blounf, 97 111. 62; City of DccriiKj v. County Commiiisionvrs, 87 Me. 151, 32 Atl. K. 797; //'/A- v. Hamilton, 130 Mo. 292, 32 S. W. Rep. 458.) *'The substance not the ftirm will be lookeil to.'^ (Lewis, supra.) *'A complaint or ])etition for condenmation need contain only those allegJitions required by statute." (CaJtill v. Village of North Park, 149 111. 15(3 (1893), 3(5 X. E. ()0(} ; Id., 140 111. 1()2, 3(3 X. E. (JOS; Chicago, etc. Co. v. City of Chicago, 150 111. 597, 37 X. E. 1029.) That following the phraseology- of the statute is sufficient. (Flint, etc. By. Co. v. Detroit By. Co., 04 Mich. 350; 7 Ency. PL & Pr., 531, citing Bochester B. Co. V. Bobinson, 133 X. Y. 242; Inayle v. Missouri B. Co., (33 ^lo. 4f)5; Seaman v. Washington, 172 Pa. St. 467; Byrnes V. Douglass ( Xev. 1895), 42 Pac. 798.) *^The general rule 26 Mont.] Ci'vv of Helena r. Kogan et al. 459 is that the mode of procedure i>ointcd out by the statute must be pursued, to *he exchision of all other remedies, lx)th on the part of the condemning party and on that of the land OAvner.'' (Ency. of PL k Pr., Vol. 7, p. 470, par. 4, and authorities cited in foot notes.) What is required by the statute to be stated on the part of the condemning party in its complaint, and what is the remedy of the land owner by the statute in re- spect to his defense, i. e,, what is required in respect to the matter of pleadings? Section 2217 of the Code of Civil Pro- cedure defines 'vhat the complaint must contain. On the trial plaintiff is only required to establish the facts required to be alleged under the statute, all else is defense. (Monterey County V. Vmh'uHj, 83 (^al. 507, 23 Pac. 700; CaUfomia S, R. Co, V. S, P. B, Co., 67 Cal. G3, 04, 7 Pac. 123.) The contention of defendant ^'that the fact that the city is authorized to Incur such indebtedness must appear in the com- plaint in the action," as well as all other matters which are not required to be stated under Section 2217, cannot be maintained: Xot being required to be stated in the complaint, they are mat- ters of defense, when material at all. All that could be re- quired under any condition is, that before the property is taken just compensation should be made. In so far as any conditions are concerned, it is only when the statute imposes conditions upon the power to condemn that it is necessarv^ to allege com- pliance with the conditions; and it must be noted that the statute must refer to the question of condenmation and not of taking. (See Vol. 7, Ency. of PI. & Pr., page 53G, e.) Pro- . vision is made by law for payment, and that is all that is re- quired. It is d condition precedent to the taking and not to the right to condemn. (Lewis on Em. Dom. (2d Ed.), Sec. 452.) ^*The '•ondemnation of property for supplying a city or town with water is so manifestly a public use that it has seldom been questioned and never denied." (Lewis on Emi- nent Domain (2d Ed.), Sec. 173, and long list of authorities there cited.) '^The condemnation of a water supply system is within the unquestioned limits of the power of eminent do- 4G0 City of Helena v. Rogax et ai- [Mar.T. 02 main." (T^jug Island Water Co. v. City of BrooUyn, IttO U. S. CSr., 41 L. Ed. 1105.) The next qu-?tion i>? : Is the nse more pnWic than that to which it is no>v applie<l ? We submit that this appears from the complaint, in that it is sliown that the city of Helena, a municipal cori^ration, wliich is a city of the first class, having a population of more than ten thousand people, and of which the courts take judicial notice, is seeking to acquire a good, pure, wholesome and abundant siipply of water for municipal and domestic purposes. That tliis use is sui)erior to the use to which it is now devoted by defendants is self-evident. From the facts allegt;d in the complaint, or proved to the court or judge under Section 2220, Code of Civil Procedure, the de- scribing the nature of the use, the court or judge must decide whether it is a more necessary public use than that to which it is already devoted. It is a legal question. The facts being alh^od, the court must decide therefrom. Xo allegation of a legal conclusion by the plaintiff would suffice or strengthen the complaint in the least. Tlie complaint amply sots forUi these facts. It is therefore sufficient in these respects. It is asserted that by reason of the constitution providing that "water appropriated for sale, rental, distribution, or other l)eneficial use, shall be held to be a public use," water which is already taken for a lieneficial use cannot be taken for any other use. That provision of the constitution is not intended as a limitation upon the right to condemn such classes of property as are therein descrilxHl, but bv wav of and for the purpose o defining and milking such nscs of private proporty public uses; siidi uses of private, property, in the absence of said constitu- tional provisions, might or miglit not be held public, and there- fore tlio constitutional framers, to avoid any doubt about the matter, expressly recognized such uses as public. (10 Ency. L. (2d Ed.), p. 1071.) Moreover, this provision should be con- strued in conne?tion with Article XIII, Section G, of the Con- stitution, autliovizing cities to extend their limit of indebted- ness to secure a water supply. In the case of St. Helena Water 26 Mont.] City of Helena. y. Kogax et al. 461 Company v. Fovhes, 62 Cal. 182, construing article 14 of the California constitution, similar to Montana's, it was held that '^supplying a town with Avater is a public use within the exer- cise of eminent domain, and the waters of a creek may be con- demned therefor." (See also McCrary v. Beadry, 67 Gal. 120; Cumniings v. Peters, 56 Cal. 593.) The case of Elllngliouse v. Taylor (Mont.), 48 Pac. 757^ construes Section 15 of Article III of our C<>nstitution, and states that the use of water to irrigate a 160-acre field, owned by one person, is on principle a public use just as if there were thousands of acres owned by many different persons, "the dif- ference being only in the extent of the benefit." The court evi- dently recognized the fact that there is a difference in the ex- tent of the benefits. We submit this same difference would obtain in so far as it relates to which of given public uses is a more necessary one than another. The extent of benefits to be derived by the public would be one of the elements entering into a determination of the question. A case, which, while Inot deciding the precise points involved herein, but shedding much light upon many features of this appeal, is that of Oregonian By. Co. V. Hill, 9 Ore. 376, and as to the character of a judg- ment in condemnation, see Oregon Ry, Co, v. Bidwell et al., 3 Pac. R 684. The amended complaint shows a sufficient description of the property. (Code of Civil Procedure, Sec. 2213, Subd. 4; St Helena Water Co. v. Forbes, 62 Cal. 182; Randolph on Em. Domain, Sec. 313; Lewis on Em. Domain (2d Ed.), Sec. 350; Corey v. Swagger, 74 Ind. 211; Wright v. Wilson, 95 Ind. 408; Ingraham v. Camden Water Co., 82 Me. 335 ; In re Ma- lone Water Worhs Co., 15 N. Y. Supp. 649 ; 18 Cent. Digest, 1529; Village of Champlain v. McCrea, 165 jST. Y. 268; Ean- dolph on Em. Domain, page 300.) House Bill Xo. 203 of the Sixth Session Laws, is complete and perfect upon the subject, and supplants the provisions relied upon by defendants; this is intended to be a law special and applicable to all cities and to embrace the whole subject. {Gar- 4('»2 City of Helena r. Rog.vx et ai^ [Mar.T/02 reft V. Bradley, 3 App. Cases, 052 ; People v. Jaehne, 103 X. Y. 182 ; State v. Jersey City, 54 2s. J. L. 49 ; Hiisserc v. Com., 25 Pa. St. 120 ; 23 Eney. Law, p. 485 ; In re Wheelock, 3 X. Y. Siipp. 890-81)2.) Mr. Massrna Bullard, Messrs, Clayherg & Gunn, and Mt\ J. Miller Smith, for Respondent, Ames Realty Company. Respondent asserts and elaims the right to argne before this court the question as to whether or not the amended complaint states a cause of action. If it does not state a cause of action, tlien the ruling of the court below on the demurrer is entirely immaterial. Tliis court has decideil frequently that this ques- tion can Ik? raised in the supreme court for the first time. (Code of Civil Procedure (Mont.), Sec. 6S5 ; Territory v. Virginia Road Co,, 2 Mont. 90; Gillette v. Hibbard, 3 Mont. 413; Parker v. Bond, 5 Mont. 1; Foster v. Wilson, 5 Mont 53; Quirk v. Clark, 7 Mont. 231; Garver v. Lynde, 7 Mont lOs; Whiteside y, Lebcher, 7 Mont 473.) 1. The allegations of said amended complaint do not show that the city of Helena has authority to acquire the property sought to be taken. (Subd. 75 of Section 4800 of the Political Code as amended by the Act a])proved March 8, 1897 (Laws of 1897, pp. 203-212); Constitution, Art XIII, See. 6; FletcJier v. Perk, 0 (Vanch, 87-145; Cooley's Const Limita- tions (5th Ed.), pp. 093-094, and notes; Constitution, Art- Ill. Sec. 14; Godfrey v. DistriH Court, 40 X. W. 355; Sage V. City of Brooklyn, 89 X. Y. 189; Chapman v. Gates, 54 X. Y. 132; Peopk' v. Ilayden, 0 Hill, 359; Code of Civil Pro- cedure, Sec. 2217; Subd. 04 of Sec. 4800 of the Political Code; Matter of City of Buffalo, 78 X. Y. 302; In re Mont- gomeiy, 48 Fed. 890 ; Heck v. School Dist No. 2, 14 X. W. 493 ; Lane v. Saqinmv, 53 Mich. 442 ; United States v. Oregon Ry Co,, 10 Fed. 524; Whitehead v. City of Denver, 56 Pac. 913; Cooley's Const Limitations (5th Ed.), Sees. 653-654; Clay V. Penfwyer Creek Improvement Co,, 34 Mich. 204; 26 Mont.] City of Helena v. Rogan et al. 46^^ State V. Clinton Water & Water supply Co., 46 Atl. 650; Cooley^s Const. Limitations (5th Ed.), Sec. 528.) 2. Under the constitution and statutes property cannot be acquired, under the power of eminent domain, except for a public use. The use to which the water supply in question is to be devotetl, according to the allegations of the amended com- plaint, is to supply the city and its inhabitants with water. The water cannot be made useful for this purpose without a Avater plant and system and without the right to conduct said water from its iK)int of diversion to the city. It does not ap- pear that the city has a water plant or system, but on the con- trary it is expressly alleged that it has not. It is not authorized to acquire a pUmt or system except upon compliance with the conditions stated in Subd. 64 of Sec. 4800 of the Political Code, as amended, and with the provisions and conditions of House Bill Xo. 206. Until it is authorized to acquire a plant and system in connection with which it can use the water sup- ply in question it cannot acquire such supply by the exercise of the right of eminent domain. {Wi^sconsin Water Co. v. Wians, 20 L. R A.'663.) 3. There is no allegation in the amended complaint in any way tending to show either that it now owns and has acquired a right of way for conducting the water sought to be condemned to the city of Helena, or any allegations seeking to condemn such right of way. As alx)ve stated, the city is not in any posi- tion as shown ))y its amended complaint to put the waters sought to be coudemned to a public use, {Houghton v. Huron Copper Mining Co., 57 Mich. 547.) 4. It appears from the amended complaint that the water sought to be taken has already been appropriated and is now being used for tiie purpose of irrigation and otherwise. Under Section 15, Article III, Constitution of State of Montana, the water desired +o be condemned in this suit is now devoted to a public use. Ordinarily, where property has been devoted to a public use it may be taken for a more necessarj- public use^ (Sees. 2212, 2214, of the Code of Civil Procedure.) Where 4G4 (.'ii'v OF IIelexa i\ Kogan et al. [Mar.T.'02 it is sought to iake property already appropriated to a public use it is necessary, under the provisions of this statute, to al- lege and prove lliat the use for which said property is sought to be taken is :i more necessary public use. (City of Heleiuh V. llai^ey, 6 Mont 114.) We submit, however, that by virtue of the provision of the constitution above quoted water which is l>eing used for any beneficial use cannot be taken for any other use, whether the other use is a more necessary public use or not. The constitution does not give any particular use a preference over any other use, but says that water appropriated for sale, rental, distribution, or other l^eneficial use shall be held to be a public use. In the case of Ellmghouse v. Taylor, 48 Pac. T57, there is a clear judicial declaration that the use of water by one individual is just as much a public use as the use of water bv many. As stated bv the court in this case, the only distinction between the use of w^ater by one and tlie use by many is in the extent of the benefits and not in the character of the use. But, again. It is an established rule of law that w^here property Las been already appropriated to a public use it cannot be taken for a more necessary public use wholly in- consistent with '.he first use, unless there is a clear and explicit statutory authorization so to do. (Matter of City of Buffalo, 68 K Y. 167:175; SJiaro7i Ry. Co,, 9 Am. St. Rep. 133; L. & iN. R. Co., V. Whitley Co. Court, 44 Am. St Rep. .220 ; Cincinnati, etc. R. Co. v. Anderson, 47 Am. St. Rep. 285; Matter of Rochester Water Comm'rs, 66 K Y. 413; Fort Wayne v. Ry. Co., 32 Am. St. Rep. 277 ; L. M. <& C. R. Co. v. Dayton, 23 Oh. St. 510 ; L. E. etc. R. Co. v. Comm'rs, 57 Fed. 945; B. A. & P. Ry. Co. v. M. U. Ry. Co., 16 Mont. 543.) The general grant of power to take property for a public use, and a provision authorizing the taking of property already devoted to a j^ublic use, for a more necessary public use, are insufficient to authorize the taking of property appropriated to a public use for another public use, which is inconsistent with the first use, and where the two uses stand together. The use of tlie w^ater sought to be condemned by the city is utterly in- 20 Mont] City of IIei.kna v. IIogax et al. 465 c-<»iisistent with ;md will absolutely destroy the use of water for irrigation or other purposes. 5. The amended complaint does not contain sufficient de- scription of the property' of these resi>ondents sought to be con- demned. (Code of (^ivil procedure, Sec. 2217, Subd. 5; Code of Civil Procedure, Sees. 2221, 2228; >S7. Helena ^yater Co. V. Forbes, 02 Cal. 182; Tucker v. Jones, 8 Mont. 225; Sweei^ land V. Olson, 11 Monf. 27; Beatty v. Murray Placer Mining Co., 15 iEont. J514 ; see also Wigr/ins v. Muscupiahe L, & ]!'. Co., 51: Am. St. Kep. 'J*i7 ; Estee's PL, Sec. 5452 e; Aliso Water Co., v. Baker, 1)5 Cal. 208; Los Aiigeles v. Pomeroy, 124 Ciil 51)7-r>13; Mailer of P. R. Co., 70 X. Y. 191.) <). Water cannot l)e divei-ted from a private stream under authority granted by the legislature in the exercise of the right of eminent domain for the purpose of supplying a town or village with water, without making comjx^nsation to the ri- parian proprietors whose rights are thereby injuriously af- fected. (Il&mor V. Bwr Harbor Water Co., 3 Atl. 40 ; Gould on Waters, Sec. 245.) The doctrine of riparian rights as established by the common law prevails in Montana. (Cruse V. McCaidey, 9G Fed. 309; Benton v. Jolincox, 01 Am. St. Eep. 913.)- 1. The amended complaint is defective for the reason that it is not alleged therein that the use for which the property is sought to be taken is a more necessarj^ public use than that to which it is now applied. Section 2217 of the Code of Civil Procedure provides: '^The complaint must contain * * * a statement of the right of* the plaintiff.'' Section 2214 pro- vides: ^'Before property can be taken it must appear: (1) That the use to which it is to be applied is a use authorized by law. (2) That the taking is necessary to such use. (3) If already appropriatetl to some public use, that the public use to which it is' to Ixi applied is a more necessary public use.'' (City of Helena v. Harvey, 0 Mont. 110; M. C. By. Co. v. //. & P. M. P. Co., 0 Mont. 410.) This court will not take judicial notice of the fact that one use is a more neces^^ary Vol XXVI-30 4ri8 City of IIelexa v. Kogax et ai-. [Mar.T.'02 county though it was use<l to irrigate and was appurtenjnt t> a ranch in Lewis and Clarke oountv. Land in Jefferson county might he appurtenant to land in Lewis and Clarke county for j>urposes of pasture, flooding, or a way for teams or water ; but if such servient land w'ere desired for a public use it and all such rights of way, flocnling, and pasture would l)e condemned in Jefferson county. The respondents who have made appro- priations of tlie waters of Prickly Pear creek l)elow the mouth of AfcC^Jellan crwk in Lewis and Clarke countv are interested as owners or tenants in conunon in the waters of McClellan creek, and the r(»spondents' rights to the three hundred and fifty inches of water of ^IcClellan creek, sought to Ik* con- demned l)y the a})jK*]lant, have their locus on McClellan creek. In other words, these rights are property on McClellan creek, and no part of ihese rights to or property in said three hundred and fifty inches of water while in McClellan creek can be in Txjwis and (Marke county. (Lytle Creek Water Co, v. Per- deiv, 4 Pac. 426, 420, near end of page; Santa Paula Water Worlcs V. Peralta, 45 Pac. 1G8, 169, near top of first column.) The amended complaint shows clearly that appellant is not seeking to condemn water or water rights* of Prickly Pear creek, but simply and exclusively the waters of McClellan creek. If appellant's theory were correct, "once McClellan creek water, ahvavs ^IcClellan creek w^ater," it would be nee- essary for it to bring action in every county along the Missouri river, and ]\Iississippi river to the Gulf of Mexico, against nearly all the inhabitants along those streams, before it could get an unclouded title to McClellan creek w^ater, as each person W'ho uses such waters is entitled to his day in courts This shows the absurdity of appellant's position. Therefore, as ta said water rights the district court of Lewis and Clarke coimty has no jurisdiction. MR. JUSTICE MILBURX, after stating the case, delivered the opinion of rhe court. Xmnerous i)oints have been argued and submitted, the attack 26 ]Mont.] CiT\ OF Kklexa v. Rocjax kt al. 469 being on the siiifieiency of the complaint. Tliey are as follows : 1. Has the city the right to acquire by condemnation pro- eeedings water rights for the purpose of establishing a water supply system for the purposes set out in the complaint i We think it has. House Bill 203 of 1897, amending Section 4800 of the Political Cede of 1895, is entitle<l ^*Ati Act to anumd Section 4800 of the Political Code relative to legislative powers of cities and to enable cities and towns to acquire by purchase, construction or condemnation proceedings water plants, water supplies, franchises, public buildings and sewers." ''Section 4800. The city or town council has iK>wer: * * * (64) * ^ * For the purpose of providing the city or town with an adequate water supply for municipal and do- mestic purposes, the city or town council shall procure and appropriate wacer rights and title to the same and the neces- sary real and i>ersonal projx^rty to make said rights and supply available, by purchase, appropriation, location, condenmation or otherwise." (Laws of 1897, p. 203.) The above provision, which has been in force since March 8, 1897, plainly gives the city the power sought to be exercised in this suit. Th.c Act referred to is the last utterance of the will of the legislature on the subject, and controls. 2. Has the district court of I^vvis and Clarke county juris- diction to try and determine this suit under the allegations of the complaint ? We think it has. The plaintiff seeks to condemn pro tanto the reHi)ective water rights of the defendants. Although the language of the com- plaint is very far from explicit, there seems to Ix? an attempt to allege that each of the defendants owns a water right appur- tenant to lands in I^wis and Clarke county, — a right to the use of water nmning in Prickly Pear .creek. It also appears that McClellan creek, w^hich lies entirely in Jefferson county, is a tributary of Prickly Pear creek, and that plaintiff desires to divert from said McClellan creek 350 inches of water. Each person owning a valid water right in Lewis and Clarke county is the owner of a certain incorporeal hereditament, to- 470 Ci! Y OF Helena v. Rogax et al. [Mar.T.'02 \iit, the right to have the water flow in PricMy Pear creek from the head thereof, and from tlie head of each tributary thereof above his place of diversion, in sufficient quantity to the head of his ditch or place of divei-sion, and to have it of such quality as will meet his needs as protected by his water right ; tliat is, he owns an easement in the stream and its tribu- taries above his jwint of diversion. lie also has the right to require appropriators sul)ordinate to him and his water right^ who have appn)])riated and who take water fmm the stream or its tributaries l)elow his ix)int of divei-sion, to forbear using such water when such use will deprive appropriators prior to him, downstream, of the use of water to which they are enti- tled ; .otherwise he might l)e recjuired to forbear the use of water to which lie is entitled in order to supply the appropriator first in order of priority. This interest in the stream and its tribu- taries is an easement, and is part of and incident to the water right, to-wit, the property sought to be condemned. Therefore we see that the property sought to be condemned extends over part of the two counties mentioned. Section 610 (^f the Code of Civil Procedure provides: ''Ac- tions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situ- ated, subjeet to the power of the court to change the place of trial, as provided in this Code: (1) For the recovery of real property, or of an estate or an interest therein, or for the deter- mination in any fonn of such right or interest, and for injuries to real property. * * *" Section 2216 of the same Code, referring to proceedings in eminent domain, is as follows: ''Sec. 2216. All proceedings under this Title must l)e brought in the district court of the county in wliich the property is situated. They must be com- menced by filing a complaint and issuing a summons thereon.'^ This section is identical with Section 1243 of the Code of Civil Procedure of California. It is well to note that Section ^ilO provides that all proceeilings in eminent domain must 1)0 hroughi in liio district court, etc., whereas Section 010 re- 26 Mont.] City of Helena v. Rogan et al. 471 quires that actions relating to real estate as aforesaid must be tried in tJie county in which the subject of the action, or some part thereof, is situated, etc. There has been some controversy as to the effect of the words "be brought," — as to whether the action, having l)een broitght in the county where the property sought to be condemned is situated, may be tried and deter- mined in such county. We do not think there is any merit in the controversy. Jn the case oi Califontia S, R, Co, v. Souiheni Pac. K, Co,, (jo Cal. 304, 4 Vac. 344, the court3 in a condemnation proceed- ing, lield that a proceeding in eminent domain, according to Section 1243 of the Code of ("ivil Procedure, supra, must be brought in the superior court of the county in which the prop- erty- is situated, and in the opinion in the case uses this lan- guage: ''The conclusion here reached is sustained, in our judgment, by Section 1243 of the Cx)de of Civil Procedure, requiring all ])r.)ceedings under the title in regard to eminent domain to be brought in tlio superior court of the county in which the property is situated. This language means some- thing more than that the proceeding must be commenced iil such superior ^ourt. There are strong reasons w^hy such pro- ceeding should he had in the county Avhere the land sought to 1x3 coTidomned is situated. The compensation for the land sought to be taken is to be determined ui^n testimony, and the witnesses most competent to speak u]H)ii this subject will usu- ally be found ui the county referred to." In support of respondent's contention that the action should not be brought in LcAvis and Clarke county, but in Jefferson county, counsel argues that an action for nuisance committed by jiersons polluting the stream in Jefferson county wotild nec- essarily have to be brought in Jefferson county. We do not think that reason or the authorities- will bear out this conten- tion. In case n nuisance l>e erected in one county to the injury of lands in another, then the action may l>e brought in either county. An action for a nuisance created by the erection of a dam in a navig-ible river is local, and cannot be sustained else- 472 (miy dk IIelkna r. Kogax kt al. [Mar.T.'02 Avhere than in ihe county where the dam is erecte<l, unless in the case where the dam erected in one county injures the land of an individual in another, when the action may Ix? main- tained in either county. (OUphani v. Smith, o Pen. A: W. 180.) In the rase last alx>ve referred to, as in the case at bar, a view is necessary, and the court remarks: '*And, in general, wherever a view mav Ix^ necessary, there the action must Ik? l«-()Ught in the county where the injury arisc^s ;" the court ad- ding that the exception to the rule is the erection of a nuisance in one county to the injury of lands in another, in which case the action may he brought in either county. Besides, ea-h one of the defendants having a water right — that is, the right to tlu^ use of water diverted from Prickly Pear creek — has an interest in all the water of Prickly Pear creek and its tributaries alxive his point of diversion. Hence it fol- lows that the ::j)purtenance to his land in Lewis and Clarke county extends into Jeffei-son county, and is pro|)erly located in both counties; in other words, it mav l>e called a ''blanket right" spread over two counties. Yollowing the reasoning of the courts which have declared that in case of injuiy in one countv resultinij from a tortious act in another county the ac- tion may be brought in either county, and considering Section 22 K;, supra, nhich, in our opinion, requirCvS the action to l^e brought and trird in the county where the property is situated, subjwt, perhaD.s to removal for sufficient cause, and the locus of the pro]K»rty, as we have herein described it, as being in both counties, we must and <lo conclude that the action was properly brought to be tried in T^wis and (Marke countv. '3. Is it necessary to allege in the ccmplaint that the water su])])ly can be obtained without incurring an indebtedness, or that tJie limit of indebtedness has been extended in the manner prescribed by >>ection T) of Article XIII of our Constitution ; or is it essential to allege that the question of procuring a water sui/])ly has been submitte<l to, and voted upon by, the tax- payers, and that a majority of votes has been cast in favor of the proposition ( We think that each of these questions must be answered in the negative. 26 Mont.] City of Hklkxa r. Kogan et al. 473 If the citv has not put itself in a jX)8ition to take the prop- <^rty sought, it may not take the same; but power to initiate proceedings to condemn and power to take — that is, to pay the. damages whicli may be assessed, and to possess itself of the iieccv^jsary property after a decree of condemnation has been entered thereon — are verv different matters. It is not to be a, prc^sumed that a city is without ix>wer to do what it undertakes to do in a case of this kind ; nor is it to be presumed that it has failed to do w^hat is necessary for it to do in order to sue- ceed in its undertaking. If, because of failure to do any of the things suggested in the questions al)ove stated and now under consideration, it has not the authority to nuiintain tlie action, to make this manifest it is onlv necessary that s\ich faihire be I' »■ shown by answer, if it 1k^ material in opposition to the con- demnation of the property. The law giving it the power to in- stitute condemnation proceedings does not require it to allege in its complaint that it lias the money in hand to ])ay for the ])roperty after it has been condemned, or to aver that the limit of indebtedness has IxH^n extended, or to declare that the elec- tion aforesaid has bec^n held Avith the result suggested. 4. Is it fatal to omit from the complaint an allegation that the city has a riffht of way from the creek to the citv, or that it is able to get one ? It does not apj)ear to be necessary so to allege. It is not any concern of the owners of the property whether the water comes to Helena or not. It would hardly Ix* necessary to allege and proye that the city has engaged the services of a i'omi>etent civil engineer, and put him \inder bonds to lay out a feasible route, and to direct and superintend the laying of the pipes so well and faithfully that the water will actually run to Helena, before the ow^ners of the property sought may Ix^ ^•equired to part with it for a public use. What rights and remedies a city taxpayer, as such, may have in case the plan is foolish, or iniix>ssible of execution, is aiKither questi jn ; but this we do not now consider. r>. Is the description of the several properties to be con- demned suffici ?nt ? The law requires that ^^a description" of 474: City of Helexa r. Rogax et al. [Mar.T.'02 the proi>erty Ije set out in the oomplamt. The citv seeks to coiulemu nuinerons water rights, each pro tanio. What is a water right? Tn Smith v. Denniff, 24 Mont. 21, 60 Pac, 398, 81 Am. St. Tii]\ 40S, it is defined as the legal right to use water. This may be modified to mean, in this case, the right to use water appropriated according to law from the streams of the state for anv useful or beneficial purpose. From what deserii)tion there is in the c«implaint, we learn that all of the water rights referred to are rights to tlie "use of waters * * * for irrigation purposes.'' Condemnation proceedings arc statutory, and a strict compliance with tho re- quirements of The statute is necessary. It has been held that ^'extreme accuracy is required in the description of the i>rop- erty sought to bo acquired, and there must be no uncertainty in such description or in the degree of the interest sought to be acquired/' (Metropolitan Elevated Railxiay Co. v. Doml- niclc, 55 llun. IDS, S X. Y. Supp. 151: In re Sew Yorh Cent, & If. R. R. Co., 70 X. Y. 191 ; AUso Water Co. v. Baker, 95 Cal. 208, 30 Pac. 537; 3 Estee, PI. 5452; Long, Irr., at page 2G2.) We tliink that it is not necessary to go to extremes in describing the pro])erty, but we agree with the last-named au- tliorities in what is said as to the necessity of so describing the property that there will be no uncertainty in the decree, and that the •oniuiissioners mav know what damages to ap- praise. The city is n.slciiu/ the court for leave to damar/c the lands of respondents. Tliis is apparent from the complaint, for there is no stronger inference to be drawn therefrom than that the water rights are held for tlie useful and beneficial puri)ose of irrigation. There cannot be irrigation without lands to irri- gate. There is no description whatever of the lands to be dam- aged, except tlie reference to ^*the use of * * * the waters * * * for irrigating ])urposes in said county," thereby giving the court an idea that at least part of the land to which each water riglit pertains is somewhere in Lewis and Clarke county. (Vrtaialy, the value of the water right to 1)0 taken, 26 Mont] City of Helena i'. Rogan et al. 475 in whole or in part, is dependent upon the kind and extent of the lands irrigated, as well as upon such other uses as the owner of such right may hereafter be able to put it to, as he is per- mitted to do under Section 1882 of the Civil Code. It may not be successfully argued that, as in the present case, — in which there are so many scores of owners, — it w^ould be a tremendous labor, involving great expense, to describe fully each water right with the facts necessary to let the com- missioners know what proi>erty they shall consider in assessing damages, and to inform tlio court what to include in its decree ; so that, at least whoi the do<*rec is recorded in the office of the recorder of deeds, it may give notice to the world what sort of interest and what title tlie respective owners have in and to their real estate after the condemnation of some part or in- terest therein has been concluded. The argument of conven- ience in drawing complaints cannot a}>peal to us. The case is the same as to i:hat as if the desire of the city were to damage a ten-acre farm, easily described, by condemning and taking a water right nppurtenant thereto. How full the description need be is not vor us to point out. It should, however, we may venture to say, include a description of the lands, their loca- tion, the point of diversi(m of the water, and the number and size of the ditclies u^wn the said lands or appurtenant thereto. 6. Another question presented is this: Can water already appropriated to a public use be condemned in eminent domain proceedings for any other use, whether the other use is a more necessary public use or not? Section 2214 of the Code of Civil Procedure provides that : ** Before propeily can be taken it must appear: * * * (3) If already appropriated to some public use, that the public use to which it is to be applied is a more necessary public use." It must so appear in the com- plaint The use of water to irrigate a farm under the water- right law is a public use. (Section 15, Art. Ill, Constitution; EUinghovse v. Taylor, 19 Mont. 402, 48 Pac. 757.) The law permits the condemnation of a water right by a city, as we have seen. Therefore the position taken by respondents, to-wit, that 47G City ov IIkm:xa r. IlixtAx kt al. [^Far T/02 Avatcr wliieli is l)ciii^ used for aiiv beneficial use cannot be taken f(ir anv other use, wliether the other use is a more necee- sarv ]>ublie use :>t not, is not tenable. Whether the use of water by the city is nwessarv — that is, wliether the city needs a water su})j>ly — is for ilie city, and for the city alone, through its coun- cil, to say. Whether it is necessary to condemn the water right in order to suj)ply the city is to l)e all^etl, and is a judicial question to Ik* iletennined by the court. That it is a more nec- essary use than that of the ranchman is to Ix* alleged, and by the court iudiciallv determined. If it were not, then not onlv could a citv condemn and take the water from a ranchman owning and irri^^ating 1(50 acres of land, but could, on its own allegation of su[)erior necessity, condemn and take the water from another and a neighl)oring city, and leave it dry. And here again we may, in j>assing, say that the necessity for a complete description of the projK^rty to l)e taken is necessary, to tlie end that the court may see tliat the ])ro}K)sed use is su- perior in pf)int of necessity to the present public use. The right to take depends largely ujwn the sui)erior neces- sity. In 18(S() :his court, in City of Helena v. Harvey, G Mont. 114, J) Pac. 90:3, held that the right of the city to have the proi)erty condemned must bo stated in the complaint. (Re- vised Statutes of 1S71), (\>de of (Mvil Procedure, Sec. 586.) The right will dei>end, among other things, upon the answer to the question : Is the intended use superior in |X)int of ne- cessity to the i)resent use? Enough must Ix* alleged to show to the court tliat it is. The mere statement that it is a use suj)erior in ner»essity would not l)e sufficient without the facts as to the presv'iit use coupled with those aj>pertaining to the intended use.' Besides the ul)ove matters, which are called to our attention in the briefs, we think it not inappropriate to suggest for the consideration of counsel the following matters, which occur to us: Tt seems that the city is attempting to secure a water right by acquiring a small fractional interest in each of a very large 2i\ Afcint.] Ci'i y of IIelkxa r. Hogax >:t al. 477 lumiber of water rights belonging to numerous persons, respect- ively, these water rights l)eing of different dates of appropri- ation from 180G up to and inchiding 1890, involving different priorities. If ihe city prevail, what will it liave if it get the decree prayed for i It can only acquire from each owner what he owns. If A. be subordinate to B. in the use of water, and B. be sulKjrdinate to C, and so on, how can the city lawfully use any of the water formerly used by A. until B. is through with the use of what is Ic^t to him after the condemnation ])roceedings are concluded i If there 1k^ water enough for all, there would be no tr()\d)le; but, if the ranking appropriators use each to the full his prior right, the small fractions owned • hv the city would be of little value. Mav it not be assumed that water is scarce in the creek, or this proceeding would not be in courts We jass no opinion on this nuitter, either as affecting the possibility of constructing a complaint which will be goo<l for substance, or as affecting any other phase of this case. AVe suggest further, as worthy of consideration, this point: In the absence of any allegation as to the volume of w^ater in McClellan creek from which the city seems to desire to divert water, can a complaint be good which does not state facts suffi- cient to show the court that it is impossible for the city to ap- propriate an ample supply, in manner and form as any other person may under the provisions of the Civil Code, Title VIII, Part IV, Div. II, Section 1880, et seq,, and amendments? There are no ^iich facts set out in the pleading. If there be water in the stream sufficient for all, and to spare, may the city condemn the rights of others ? AVc pass no opinion as to this question. We suggest, also, that counsel examine the law uj)on the question, which is suggested to us by reading Section 97 of Long on Irrigation, and the cases cited, in reference to the measurement of water, and as to whether a complaint or decree in such a case as the one before us would l)e good if it employ 27 478 5;k 28 ~4~78 80 J29 26 1» 478 232 26 40 478 209 478 T. C. PowEK k Bbo. r. Stocking. [Mar.T.'02 only the word "inches" in relation to the measurement of water. Wc do not express any opinion as to this matter. Judgment affirmed. Affirmed. Mh. Chief Justice Bkantly: I concur. Mr. Justice Pigott: While I am not satisfied that the description of the property sought to be condemned is fatally defective, I am inclined to think that the better reasons sup- IX)rt the conclusion announced in paragraph 5 of the opinion. I concur. [For opinion on motion for rehearing see '27 Montana Re- ports, p. — .] T. (\ POWER & BKO., Ei^AL., Respondents, r. STOCK- TXG ET AL.^ AprET^LANTS. (No. 1,393.) (Submitted January 29, 1902. Decided May 5, 1902.) Appeal — Buh'S of (he Supreme Court — Briefs — Revieic of Evidence — Nonsuit — Failure to Stand on Motion — Aider of Plaintiff's Case, 1. A failure on the part o£ appellants to conform their brief to the require- ments of Subdivision 3 of Rule X of the Supreme Court, precludes a hear- ing of the appeal on the merits. 2. Where the record on appeal does not show that it includes all the evidence, the question of the sufflciencj^ of the evidence will not be considered. 3. Where a defendant fails to stand on an adverse ruling on a motion for nonsuit, and there be introduced thereafter other evidence which supplies the defects in plaintiff^s case, such evidence inures to plalntlflF^s benefit, and cures the defect, so that it cannot be urged as a ground for new trial. Appeal from District Court, Choteau County; Dudley Du Bose, Judge. k 26 Mont] T. C. Power & Buo. v. Stocking. 479 Suit to set' aside a fraudulent conveyance by T. C. Power & Bro. and another against Winfield S. Stocking and others. From a judgment against certain defendants, they appeal. Affii-med. Mr. Wm. G. Downing, and Mr. Samuel Stephenson, for Appellants. Messrs. Walsh & Newnmii, and Mr. C. N. Pray, for Be- spondenis. ilR. CniEF JUSTICE BRANTLY delivered the opinion of the court. This action v;as brought by plaintiffs to obtain a judgment setting aside conveyances of certain lands situate in Choteau county by defendant W. S. Stocking to his co-defendants Mar- garet and Katherine L. Stocking, on the ground that the con- ve^'ances were made without consideration, and for the purpose of defrauding the creditors of W. S. Stocking. The plaintiffs allege that they are creditors of W. S. Stocking, who is in- solvent; that }ie has no other property out of Avhicli they can obtain satisfaction of their claims: and that thev have secured liens upon the ^ands conveyed by Stocking by means of attach- ments levied thereon and judgments against him. The district court rendered a judgment setting aside the conveyance to Margaret Stocking, and directing that the lands conveyed, except certain residence property at Fort Benton occupied by the defendants W. S. and Margaret Stocking as their homestead, be subjected to the satisfaction of plaintiffs' judgments. The conveyance to Katherine L. Stocking was found to have }x?en made in good faith and for a valuable con- sideration. The action was dismissed as to her. The other defendants moved for a new trial, which was denied. They thereupon appealed to this court from the judgment and the order denying a new trial. On motion, the appeal from the order denying h new trial was dismissed. The case is now be- fore us on appeal from the judgment only. 4S0 T. (.'. J'mwhu i: Bkd. r. Stockixg. [Mar.T/02 At tlie Iji-ariiig in this court, counsel for appeUants confined tlieir argmiieiit to the sole question whether the district court erred in refusing to direc-t a nonsuit; expressly waiving all other assignments of error niatle in the brief. Ujwn the record iK't'ore us, we i?re precluded fnun eonsidering tlic case iqwii tlie merits, for nvo reasons: 1. The hrief filed l)y appellants wholly fails to comply with the rwp.iremeiits ..f Sul.division 3 of Kule X of this o.mrt, in that it dtjcs not contain "a cimeise abstract or statement of tlie case, presenting sueeinctiy the questions in volved, and the manner in which they arc raised," with references "to the page nnnibers in the transcript in such manner that pleadings, evi- dence, orders and judgment may he easily found." This court has frequently held that it will not undertake the examination of a case when :he l)ricf fails to furnish the aid which the nile requires that it shall. {McVleary v. Vmidey, ii ilont. 245, Sti Pac. 227; 8mUh v. Denniff, 23 Mont. 65, 57 Pac. 557, 50 L. \l. A. 737; Rehbevfj v. Greiser, 24 Mont. 487, 62 Pae. 820, (13 Pac. 41; Kranich v. Helena Vonsolidated Vt'aler Co., 26 iloiit. -■S71>, t)8 Pi-e. 408.) The stat^-ment in this case furnishes no references to the pages of the transcript, so that the plead- ings, evidence, orders, and judgment may bo easily found. Even tho ruling u]>on the motion for nonsuit, which appellants insist was prejudicially erroneous, is not mentioned; nor is reference made to the page of tho transcript where it, or any of the evidence, may be found. We take occasion again to empliasize the necessity of at least a substantial compliance with the rules, as a prerequisite to a liearing by this court upon the merits of the questions discussed in that portion of the brief devoted to the argument. L'lwn the authority of the cases cited, the judgment nnist be affirmed. 2. Upon the overruling of their motiijn for a nonsuit, the defendants introduced their evidence in rebuttal. Plaintiffs' also introductnl ether evidence. The cause was then submitted to the court for con.sideration and decision. It does not appear hv fair inference, either from the recitals in the statement on 26 Mont.] T. C. Power & Bro. v. Stocking. 481 motion for a new trial, or from the certificate of the trial judge settling it, or Jro«i both, that the statement contains all the evidence heard at the trial. In State v. Shepphard, 23 Mont. :^.23, 58 Pac. 86S, this court said: '^It is well established that, ^vhere the error relie<l on is the insnfficiencv of the evidence to jiistifv tlie verdict, the entire evidence, or its substance, which is material, should be iK'fore the appellate court, to enable it to say whether or not the order denvins: a new trial was er- roneously made. (People v. Lcong Sing, 77 Cal. 117, 10 Pac. 254.) This being so, it is the duty of an appellant to see to it that his bill of exceptions contains not only all the material evidence, or the substance thereof, but that that fact is prop- erly certified to by tlie district judge who certifies to the bill, or that the- bill of exceptions itself shows that the evidence therein contained and set forth is all the evidence had on the trial material ,o the illustration of the alleged insufiiciency thereof to justiiy the verdict. Where the judge's certificate is relied on, we think it sufficient if it uses any language by which it clearly appears that the bill contains all the evidence, or so much thereof as is necessary to demonstrate the point re- lied on, and there need Ix? no adherence to any precise words in the certificate of that fact. (People v. llenclder, 137 111. 580, 27 X. E. G02; Brock v. State, 85 Ind. 397; Grk<iell v. Noel Bros/ Flour-Feed Co., 9 Ind. App. 251, 36 ^^. E. 452; Joties V. Layman, 123 Ind. 5G9, 24 X. E. 363.) Where the bill of exceptions itself is relied on to show the insufficiency of the evidence, it should either set forth in expres^s langiuigc that all the evidence, or the sul)stance thereof, or so much thereof as is necessary to illustrate the i)oint relied on, is all incorpo- rated in the bill, or it should contain statements e(piivalent to such expressions, or it should show a whole, connected narra- tive, so constru'jted that it clearly appears that all the material evidence, or the substance thereof, is incorix) rated in the bill.'^ These remarks, though made w^ith reference to insufficiency of the evidence to sustain a verdict, are equally pertinent to the situation presented in this case. In the absence of some- Vol. XXVI- 81 4S2 T. C. Power k Bbo. v. Stocking. [Mar.T.'02 thing in the record to show that it contains all the evidence, it is impossible for this court to determine whether the alleged insufficiency of plaintiflFs' evidence in chief was not fully cured, either by the defendants' evidence, or by other evidence intro- duced by plaintiffs. (See, also, Currie v. Montana Central BailwayCo., 24 Mont. 123, 60 Pac. 9S9.) Though the .niling on the motion may have been erroneous wlien made, yet, if the defendant does not stand upon it, and there l>e submittal thereafter other evidence which cures the de- fc^^-t in plaintiifs case, the defendant cannot be heard to com- l)lain. Whetlior such evidence is furnished by plaintiff or de- fendant, it will be considered in support of plaintiff's case, and a new trial will not be granted. (Alderson v. Marshall, 7 Mont. 290, IC Pac. 570; Gould v. Barnard, 14 Mont. 335, 36 Pac. 317.) In some jurisdictions it is held that if the defendant does not stand on his motion, and other evidence is therafter heard, he waives his right to rely upon an erroneous ruling upon the motion, even though the evidence "subsequently heard does not in any way aid plaintiff's case. In such case the review must l>e liad through an assignment of insufficiency of the evidence as a whole bv .statement on motion for new trial or bill of ex- ccptions. Whether this is the correct rule, we do not decide, as it does not nrise here. In anv event, it should affirmatively a])j)car from the statement <.r bill that it contains all the evi- dence heard by the trial court material to illustrate the al- leged insufficiency thereof, as jwinted out by the motion. Oth- erwise it will not aj>pear affirmatively that the ruling was erroneous. Let tlie judgment be affirmed]. Affirmed. 26 Mont.] State ex kel. Geyman v. Dist. Ct. 48 Q STATE EX KEL. GEYMAX et al., Kelatoks, v, DISTRICT ^ ^^ COURT OF THE SECOND JUDICIAL 'S m DISTRICT et al.^ Respo:n dents. . (No. 1,815.) (Submitted April 28, 1902. Decided May 5, 1902.) Mines and Mining — Actions Betwecfi Adjacent Owners — Trespass — Inspection and Survey of Property — Order — Grounds, 1. Code of Civil Procedure, Sec. 1314, authorizes on good cause shown an order for the inspection of a raining claim involved in litigation, even though entry must be made through lands of the adverse party. IMaintiH and defendant claimed adjoining premises under placer patents, and In an action for trespass plaintiff moved for an inspection. It appeared that plaintiff had no openings in his property, and therefore no means of ascer- taining the conditions beneath the surface ; that defendants were mining on their own premises, and through drifts, some of them in the direction of plaintiff's premises, and that blasting could be heard, and the con. cussion felt, by persons residing on the premises in the same relative posi- tion of plaintiff's premises ; that defendants had been removing large amounts of ore through their shaft for months, and had refused to admit any one thereto, or even to the inclosure about it ; that they denied that plaintiffs had any right to the minerals beneath their surface. The surface had been platted as an addition to a city, the respective parties owning certain of the lots and blocks, and claiming the mineral rights to the middle line of the adjacent streets and alleys, so that prima facie, they had no extralateral rights. Held, not an abuse of discretion to grant the order, subject to the limitation that the inspection should extend to no other workings than those made in the direction of plaintiff's property. 2. The evidence upon which an order of inspection and survey is made, under Section 1314 of the Code of Civil Procedure, need go no further than would be necessary to support a search warrant In a given case. Application by Charles L. Geyiiian and others for a writ under the supervisory power of the supreme court to vacate an order for the inspection of a litigated mining claim, made in an action by Joseph T. Carroll and others against the Geyman Mining Company and others. Writ denied. Messrs, McBinde & McBnde, for Relators. Messrs. Forhis & Maitison, Messrs. McIIattoji & Cotter, and Mr, John Lindsay, for Respondent. 28 543, 4S4: State ex kel. Geymax v. Uist. Ct. [Mar.T.'02 ' :MU. C^IIIEF justice BKAXTLY delivered the opinion of the eovirt. Applieation for a writ under the supervisory }>ower of this court, retpiiring the district court of Silver Bow county and E. W. Ifarney, its judge, to vacate an order of inspection and survey made in an actitjn pending in that court, wherein Joseph T. Carndl and others are plaintiffs and the Geynian Alining Conij)any, a jor|)oration, and others, • are defendants. The jdaintiffs in the action seek to r€*cover of the defendants dam- ages for trespasses, which, it is alleged, they are and have been committing since July 1, 1901, by entering beneath the surface of certain mining projierty belonging to plaintiffs, by means of underground workings in adjoining property belonging to defendants, and removing ores of great value. Relief is also sought by way jf injunction. The order complained of was made uiK)n petition by the plaintiffs, and after a hearing at which evidence was introduced by both sides. The only question submitted to us is whether the evidence is sufficient to justify the order. We are of the opinion that it is. It is often not possible upon such applica- tions to present evidence showing with certainty that a trespass is being, or has been committed, or the extent of it. To obtain evidence to escablish these matters is the very purpose for which the statute (Code of Civil Procedure, Sec. 1314) per- mits an inspection to be made. If, in a given case, it appeared that plaintiff had in his possession the facts showing the par- ticulars of the wrong complained of, and the extent of it, an inspection would not be necessary. Where, however, he has sufficient evidence to warrant an honest belief that his rights are being invaded, but the means of ascertaining with cer- tainty the actual conditions are in the exclusive control of the defendant, the court should, in the exercise of a sound discre- tion, and under proper restrictions, place the means of knowl- edge in the hands of the plaintiff. So, on the other hand, it often happens in controversies over mines that the defendant is charged with tresjiassing upon the rights of the plaintiff by 26 Mont.] State ex kel. Gey max v. Dist. Ct. 485 iiieans of ojKTatioiis eoiuluctcHl by the former Avitliin the limits (if hi? own teiTitory; as, for ii^stance, where tlie charge is that the defendant is taking ores from a vein or lode claimed by the plaintiff by virtue of his ownership of the ajiex of it, so situ- ated with reference to his end lines as to ^ive him extralateral rights. In such case it is fr(*quently necessary, to a proper adjustment of ihe conflicting claims, that the defendant be per- mitted to enter u])on the premises of the i)laintiff to observe the ])hysical and geological facts aj^parent in the openings made in j)laintiff's premises. Access to them is often not pos- sible except through the shaft and other workings of the plain- tiff. Neither of the parties should, under such circumstances, be com}>elled to accept the evidence of the facts as given by his adversary without an op|K)rtunity to controvert them, or to satisfv himself that such evidence is trustworthv. Where, as in quartz mining, operations are conducted almost exclusively beneath the surface, the owners of adjoining property have no means of informin"* themselves as to the extent and condition <>f them ; and when controversies arise as to the respective rights of such owners, the court having jurisdiction of the controversy should, under the }>ower conferred by the statute, afford the parties every reasrmable facility for obtaining the facts. From the very nature of the case, the ignorance of the party invoking the aid of the court, and the want of the means to ac(piire the informaticm necessary to make out liis case, are of the greatest Import. If these facts appear, and the circum- stances otherwise appearing to the court in the evidence furnish reasonable ground for the belief that an inspection will aid the court in the invcstii»:ation of the case, the order should be granted. • The evidence in the record b(»fore us establishes these facts: The propertA' of the plaintiffs adjoins that of the defendants. The plaintiffs iiave no openings in their property, and there- foie no means of ascertaining the conditions beneath the sur- face. Defendants are engaged in mining through a shaft on their own premises and through drifts and tunnels extending 486 State ex rel. Geymax r. Disx. Vt. [Mar.T/02 therefrom, some of Uiom in the direetiou of plaintiffs* prem- ises. Blasting can be heard, and the concussion created by it felt, by i)ersons residing on the premises in the same relative positi(>n of plaintiffs' premises. The defendants have been removing large jimounts of ore through their shaft for months, and have refusc^l to permit any one to enter the shaft, or even the inclosiire l)nilt around it. There is some evidence tending to show that *hev denv that plaintiffs have anv riijht tt) the minerals beneath their surface. So far as we can judge from the rec(Td, tile title of lM)th jilaintiffs and defendants is based u])on a placer j)atent from the l"nite<l States. The surface has Ix^en platted as .mi addition to the city of Butte. The res|>ective ])arties own certain of the lots and blocks, and claim the min- eral rights to the middle line ( f the adjacent streets and alleys. Prima facie, therefore, they have no extralateral rights. Upon these facts the court granteil the order, sul>jei»t to the limitatit n that the ins|KTtion sh(mld extend to no other work- ings than Xhiy^". jiuide in the din^'tion of plaintiffs' premisc^s. We do not think there was a manifest abuse of dis<*retion, though the defendants' witnesses, acquainted with the under- ground workings, testified that there had l>een no invasion of ])laintiffs' rights. The plaintiffs are entitled to be infoniied of the actual v'ondititiUs by personal ol)sen'ation. Insi)ection orders are, in their nature, search warrants to obtain evidence. Search warrants will issue in certain cases (Penal Code, Sec. 2S21) to bring personal projK^rty into the ])resence of the court, upon affidavit or deposition showing the facts tending to estab- lish the grounds of the a])])licatien or probable cause to believe they exist {Id. Sec. 2S24). The officer executing the warrant may, if refuscnl adn?ittance, break open and enter the house or other buildings t<^ be siarduMl, in order to find the the property. (Id. Stx*. 2S2S.J I>y analog^', the evidence upon whicli the order of insj)ecti(Mi; is made n(H»<l g.) no further than would l)e n<'cessarv to su])])*)!^^ a search warrant in a given case. The writ is denicMl, and the i)roceeding is dismissed. Dismissed. 26 Mont.] 3Ialoney et al. v. King et al. 487 MALOXEY ET AL.^ Respondents^ i'. KIXG et al.^ Appeli^nts. (No. 1,813.) Appj.ication for Stay of Proceedings. (Submitted May 3, 1902. Decided May 5, 1902.) Injunction — Appeal — Stay of Proceedimjs, 1. Pending an appeal from an Injunction order, pendente lite, restraining appellants from entering, or mining. In part of a certain lode claim of which they were In possession, they may not have an order from the su- preme court suspending the Injunction, since the supreme court Is not authorized to suspend the operation of, vacate, or set aside, a prohibitory injunction order during the pending of an appeal therefrom. 2. Obiter: Pending an appeal From a prohibitory Injunction order, pendente lite, the district court has jurisdiction to enjoin either party from destroying or injuring the l)roperly in dispute. Appeal from Distriet Court, Silver Bow County; William Clancy, Judge, A(^TioN bv 'rainos II. ilalonev and otliers a2*aiiist Silas F. King and otliers. From an order restraining defendants from entering or mining un a certain claim, they appealed. Applica- tion for stay of proceedingi^ ])ending api>eal. Denied. Messrs McBride iC* McBride, for Appellants. Mr, C, P, DrenneUj and Messrs. McIIatto-n & Cotter, for Respondents. :MK. JUSTTCrE PTGOTT delivered the opinion of the court The defendant!^ have a]>pealed from an injunction order pendente lite, entered on the 1st day of March, restraining them from entering or mining in part of a certain lode claim, title to which is asserted hy the defendants, and from commenc- ing any suit against the plaintiffs with reference to the carry- fas 4«3l aj 487 1»27 117| 4^^5 ^Maloney et al. r. King et al. [Mar-T/02 inii oil of iiiiiiiii!r, or the breakin*^ <.r removal of ore tberefrum 1)V tlie plaint itf 3, ainl from interfering with them in the rain- ing, tran>}Hjrtation, and disposal of snch ores. In fonn the injunction is prohil itory. They now apply to this court for an order stayiiiir the order api)ealed from, an 1 all proeeetlintrs thereunder, pfridina" the a])i'eal. Section 21 )f the Code of Civil Prrcedure has to do with tlie <leterminati »n hy the suj reme court of causes < n appeal, and not with its })owcrs j)endin«r appeal. Section '2'j of the same Code de^'l:ire< that the sui>reine court may continue in force an injuncMon <^)rder made hy a district c* urt or judge, or grant an injunction order and writ, p^ending an apjieal tv the sujfrenu* court from an order refusing or dissolving an injunc- ti<ni. Xo ])rovi?ion of either section is pertinent. The ap|)el- lants seem to base their applicati(;n upon Subdivision 3 of Sec- tion 112'j of the Code of Civil Prccedure, as nmended in 1S09 by Ib.use Bill Xo. 1l>1 (Laws of ISOl), pp. lir,, 147), and to rely upon autli')rity su])[)<ised to be conferred therel)y. We shall treat the {ip]dication as based upon the subdivision eite<l. Scctif.n 17'22, jis ainen<led by the same bill, contains similar language. This .^uLdivisic.n ])rovides, among other things, tbat on a])peal from an order granting or refusing a new trial, or granting, dissolving, or modifying an injunction, or refusing to grant, dissn':ve, oi modify an injunction, or dissolving or refusing to dis-^olvi or mr)difv an attachment, or appointing or refusing tr) appoint a receiver, or giving directions with re- s])ect to a receiver^hi]), or refusing to vacate an order aj)ix)int- ing or affecting a receiver, or directing the delivery, transfer, or surrender (f ])ro]T-rty, or fnmi any special order made after final judgment, or from an interlocutory judgment or order in actions for ])arrition of real property, or from an order eon- firming, changing, modifying, or setting aside the report in whole or in ])art of referees in such actions for partition, the su])reme court or a justice may, ]>ending the ap|")€al, "stay all proceedings under the order api)ealed from, on such conditions as may seem prn])er.'' It jirescribes some, at least, of the 26 Mont.] .aIaloaey kt al. r. King et al. 489 powers wliicli tlio supreme eourt may, in a suitable case, exer- cise during the time an appeal is pendin^:. Xotwithstanding the generality of the language, the provision quoted is not ap- plicable to all the orders enumerated in Subdivision 3, supra. It applies only to orders under which proceedings are to be, or niav he, taken. The respondents contend that the order appealed fr(»m in this case simply restrains the appellants from doing certain acts, — requiring inaction of them; and that the respondents are not commanded or permitted to do anvthinff bv virtue of the order. There are, therjfore, as they argue, no ju'oceedings to be taken under the (»rder; hence, they say, an aiTcst or stay of proceed- ings, the order l>eing self-executing, could serve no piirpose. On the other hind,* the appellants insist that the injunction, though jirohibitory or restrictive in form, is in part mandatory in effect, asserting that they were in possession of the property Avhich they are enjoined from entering, and that the practical operaticn of the order, in so far as it restrains them from enter- ing, is to eject then;. If this be the correct interpretation, the appellants, in virtue of Secti(m 1733 of the Code of Civil Pro- cedure, have ali''?ady secured a stay of proceedings by perfect- ing the appeal. For example, the injunction could not be used to oust them fr .m the property in their pt)ssession at the time it was granted, nor would they l)e in contempt for remaining in possession ; i-nd so in respect of any mandatory feature of the order. F(;r tjie a])pellants to remain as they were when the injunction was granted is not a violation of the injunction. (Stewart v. Suijcrior Court, 100 Cal. 513, 35 Pac. 156; Schirarz v. Sufcrior Court, 111 Cal. 100, 43 Pac. 580; Bull- ion. Bed' cO Champion Min. Co. v. Eureka Hill Min. Co., 5 Utah, 151, 13 Pac. 174.) The appellants were, presumably, still in j)ossession when the appeal was taken, and no reason is shown to exist frjr re-sort to this court in the matter. Xor would such a stay, when formally granted, operate so as to vacate, or suspend the effe;*t of, an injunction (U'der, if prohibitive merely, for any time or for any purpose. It would be utterly futile, 400 AIaloney et al. r. King et al. [Mar.T/02 for there would not Ix* any proceedings to arrest. That the application must be denied^ in so far as it seeks a stay of pro- ceedings under the order, should seem manifest. WTiatever proceedings, if :inv, may be taken under the order, are effectu- ally arrested by the appeal. If the injunction is mandatory in effect, the appeal stays j)roc('edings ; if merely i)r()hibitory, matters are to remain in statu quo, and tliere are no proceedings to be taken under it, — no affirmative i-cts rre necessarv to execute it. What the ap- ])ellants really desire, and by their application intended to ask for, is the vacation or annulment of the order pending the aj)- j)eal, — and this uj^m the theory, nt^cessarily, that the injunc- tion is ])rohibitory only. They do not, in fact, desire this court to grant a stay of proceedings, but that the operation of the order be suspended, and its effect destroyed, while the cause is here on aj)peal, to the end that they may proceed to do the acts and things ])r(>]nbited by it without conunitting contiCanpts of the court below. Such authority is not conferred bv Subdi- vision o, stii^ra, which is silent u]>on the subject of setting aside, susj)ending, or vacating an order api)ealed from. Incidental ])ower ne<issary for the effective exercise of the right to stay ])rocee<lings is, of course, impliedly grante<l; but neither ex- j)ress nor im|:lied ]^ower to set aside, vacate, or suspend the effect of, a i)rohibitoi'y injunction order is conferred or de- clared by Section 1722, or Subdivision 3, supra. The question here considercvl was ])resented and decided (and an opinion delivered orally) on May 20, 1001, in cause !Xo. 1,G80, en- titled '^Ilvinze et al, against Boston tC MontaJia Consolidated Cojjpcr i(' ^^ilrcr Minin/j Company/' AVe held then, as we hold now, that the court mav not, bv virtue of anvthino: con- tained in Section 1722 or Subdivision 3 of Section 1723, supm, — whether authoritN be thereby conferred, or pre-existing jwwer be merely recognized and declared, — suspend the operation of, vacate, or sc^t aside, a i>r()hibitory injunction order during the ])('nd(^ncy of an appeal therefrom. ^sor is it necessary or proper to the complete exercise of 26 Mont.] AIalo^'ey et al. v. King et al. 491 appellate jurisdiction that the order be modified, vacated, or rendered dorni'^nt v.'hile the appeal is pending. If it be con- ceded that Section 1722 and Subdivision 3 of Section 1723, svpra, do not limit the authority, pending appeal, of the su- preme court over the orders enumerated, to tlie exercise of the power therein mentioned, and that the court may employ any writ or proce^ss neccjisarv or proj>er to the end that property whicli is the sul)jeci: of litigation may l)e preserved for the bene- fit of the l)arty who shall ultimately prevail, still Section 3 of Article VIII of the Constitution, and Section 19 of the (Nxle of Civil Procedure, cannot Ik? successfully invoked upon the present applicaiion, Xeither of them authorizes the relief which the ap})ellanis now seek from this court; namely, the vacation or suspensiim of a prohibitory injunction order pend- ing a])peal from it. If the respondents are injuring or destroy- ing the property in controversy, the district court doubtletijs has jurisdiction to enjoin them, and thereby preserve it, until a final determination shall be made of the questions between the parties, and would, it must be presumed, do so upon a proper motion and sufficient showing made in the action. In a case of this kind neither paity should be permitted, })ending the action, to consume, take away, or waste the substance of the estate. An order intende<l to preserve the proi)erty obtained by one party should not be permitted to Ix^ used as a license to him to destroy or injure it. The case of Forrester el al. v. Bosto^i &• Montana Consoli- dated Copper and Silver Minituj Co., 22 Montana Reports, 430, 50 Pacific Re]x>rter, 808, is not in point. There this court grantwl a stay of proceedings under a nonappealable order ap- ]M)initing a receiver, j)ending ai)l^eal from an order refusing to vacate tJio order of ap]x>intment. In that case the district court, through itm receiver, was acting under the order; and lience there were proceedings to be stayed. The application is denied. Denied. 41)2 Maloney et al. r. King et al. [Mar.T.'02 ilALON t\ ET AL., IvESPOXDENTS^ l\ Ivl^G ET AL., 36 49i . h'i7 117| AprELLAXTS. (No. 1.812.) On .Motion to ^roniFY Perpktual Injunction. (Submitted May 3, 1002. Decided May .', 1002.) Inju)icii<jii — Appeal — ^iniJ of Pcrpclual Injuuclion — Motion to Modify. 1. The supreme court is without autliority to prant an order modifying or vacating a perpetual injunction pending appeal from a judgment embracing it. 2. T'nder Section 17.'i3 of the Code of Civil Procedure, a mandatory injunction is stayed by perfecting an appeal from the decree. 3. The objection that a decree granting a perpetual Injunction is void, as not being within the issues, will not be considered on a motion to stay the injunction during the pendency of the appeal. ApjKal from District Court, Silver Bow Comity; William Clancij, Judf/e. Action 1)v John IF. Maloiiev and others against Silas F. Jvina' and others. Judgment was rcnderod for plaintiffs, and tlu» dcf(^ndants ai)})ea]od. !i[otion to stay a porpetual inij unction till the detenu illation of the ap})oal. Denied. Messrs. Mellrlde lO MeBrlde, for A]>j)ellants. Mr. C. P. Drenjicih, and Messrs. Mel fat ton £ Colter, for Kespondents. ilK. jrSTKM^ PKJOTT delivered the opinion of the court. Tlie defendants have aj)]>ealed from a final judgment en- tered on the ."ith day (.f April, 1002, Avliieh, among other things, ])er])etually enjoins them from entering, exploring or mining in ])art of a "ertain lode claim, and from 'commencing any action against (he ])]aintiffs to protect and maintain their al- lege<l title to tlio vein and ores therein, or to recover such onw. 26 Mont.] ]^Ialoney et al. v. King et al. 493 Tliey move that the jiidgiiient, in the particulars mentioned, be modified, and its eifeet suspended, pending appeal. They invoke the provirnon of Section 23 of the Code of Civil Pro- cedure, authorizing the supreme court to continue in force an injunction order made by a district court or judge, or grant an injunction order and writ, pending an appeil from an order refusing or dissolving an injunction, and also Uule XXI of this court, prescribing the procedure for obtaining such order pending appeal. Xeither the section nor the rule has reference to staying the operation or effect of injunction orders. More- over, each has to do only with interlocutory orders of the di'> trict court or judge^ not with final judgments. Xeither does Section 1722, or Subdivision 3 of Section 1723, of the Code of Civil Procedure, as amended in 1899 by House Bill Xo. 124 (Laws of 1899, pp. 146, 147), have to do with final judg- ments, nor touch the matter of staying the operation of or suspending prohibitory injunctions, or proceedings thereunder. Except in so far as they had been ousted by the plaintiffs, the defendants were in possession at the time the judgment was rendered, and presumably so remain. If tlie injunction is mandatory, proceedings under it are stayed by the appeal. (Code of Civil Procedure, Sec. 1733.) We are not advised of any statute or other law vesting power in the supreme couit to grant, upon such an application as the one here made, an order modifying or /acating a perpetual injunction pending appeal from a judgment embracing it. Further complaint is made by the defendants that in the particulars referred to the judgment is, upon its face, void, because it purports to determine a matter which was palpably without the issues fiamed ; but this is not the occasion for con- sidering it. We shall not, upon this application, decide the case upon the merit;y. For these reason:., and upon the authority of Moloney v. King, 26 Montana Reports, 487 (68 Pac. 1012), just decided, the motion is denied. Denied, 494 Driscoll v. Shields. []VIar.T.'02 DIUSCOLL, Respondent, f. SHIELDS, Appeliakt. (No. 1,412.) (Submitted May 5, 1002. Decided May 5, 1U02.> Appeal — liulcs of the Supreme Court — Defective Brief — DiisrnissaL Ad appeal wlierein ttie appellant's brief contains no assignment of the errors relied on, as is required by Subdivision "b" of Rule X of tbe Supreme Conrf, will be dismissed on respondent's motion. Appeal from I)istri<:t Court, Silver Bow County; John Lindsay, Judge. A('Tiox by ])eimis I)riscx)ll against Dan Shields. From a judgment for plainliflF, defendant ap})eals. Dismissed. Mr. J. L. ^yines, for x\ppellant. Messrs. McUatton (£' Cotter, for Respondent. ilK. (^IIIEF JrSTK^E BIL\XTLY delivered the opinion of the court. Apj)eal by di'fendant from a judgment and an order denying him a new trial. At the hearing this day a motion is submitted asking that the appeal be dismissed for the? reason, among others, that appellant's brief filed in this court contains no assigmnent of ihe errors upon which he relies, as is required by Subdivision '^1)'' of Ilule X of this court. Upon inspection of the brief, we find it wholly lacking in the particular men- tioned. Upon the authority of Patterson v. Pfouts, 25 Mont. 1C3, G4 Pac. 222, and other cases, the motion must be sus- tained. Dismissed. 26 Mont] Warrex v. Humble et al. 495 WAKREX, Eespo^dent^ v. HUMBLE et al.^ Appellants. _____ , 2» 495| 26 6021 (No. 1,409.) ' (Submitted March 4, 1902. Decided May 6, 1902.) Appeal — Time for Taking — Rules of the Supreme Court — Briefs. 1. An appeal from a judgment of the district court, rendered on an appeal from an inferior court, not taken within ninety days after entry of the Judgment, as required by Code of Civil Procedure, Sec. 1723, Subd. 2, is too late and will be dismissed. 2. An order denying a new trial will 'be affirmed on appeal where appellants' brief fails entirely to comply with Subdivision 3a of Rule X of the Supremo Court, fails to make any reference by line or page to the transcript, and the appeal from the order denying the motion for a new trial is not re- ferred to or submitted in the statement. Appeal from District Co^irt, Ravalli County ; F. II. Woody, Judge. Action by fraines Warren against J. L. Humble and others. From a judgment for plaintiflF, and from an order denying a new trial, defendants appeal. Appeal from jud^J^ment dis- missed, and ordf^r denying a new trial affirmed. Mr. Henry L. Myers, and Mr. William M. Draff en, for Appellants. :MK. JUSTK/E ^illLBURX delivered the opinion of the court. This is an appeal from a judgment and an order denying defendants' motion for a new trial, as appears from the notice of appeal as it is set out in the transcript. The brief of appel- lants states that "from this judgment this appeal is prose- cuted." There was no appearance for respondent in this court. It appears from examination of the transcript that the judg- 40G Alexander v, Fransiiam. [Mar.T.'02 iiieiit appealed from was rendered in the district court on ap- peal from an inferior court. The judgment in the district court Avas rendered and entered on December 21, 1898. The notice of appeal was served and filed on the 14rth day of April, 18J)0. This court has no jurisdiction of this appeal, as the same was not taken within ninety days after entry of the judg- ment. (SulKlivision 2, Sec. 1723, (^ode of Civil Procedure; GaUcujliev v. Cornelius, 23 ifont. 27, 57 Pac. 447 ; Mmtis v. McLaucjliUn, 25 Mcnt. 151, 04 Pac. 219.) The statement of the case in appellants' brief fails entirely to comply with Subdivision 3a of llule X of this ccmrt, and fails, also, to make any reference by line or page to the tran- script. The appeal from the order denying the motion for a new trial is not referred to or submitted to us in the statement. This rule has been pdverted to so often by this court that it is unnecessary for ns to set it out in haec verba herein. There- fore the order cf the district court denying the motion for a new trial must be and is affirmed. The appeal from the judgment is dismissed, and the order denying the motion for a new trial is affirmed. ALEXANDER, Aipeli^ant^ v. FRANSIIAM, Respondext. (No. 1,416.) (Submitted March 5, 1902. Decided May 12, 1902.) Mechanics' Li^ns — Foreclosure Decree — Judgment Against Husband — Injunction — Correction of Judgment, A Judgment foreclosing a mechanic's Hen against the real estate belonging to a wife In suit against her and her husband Is not invalid for the reason that the Judgment declared to be a Hen is against the husband personally, and therefore the wife cannot enjoin execution sale of the property, but can only have the Judgment corrected, if erroneous, by motion for a new trial or on appeal. 26 Mont.] Alexander v. Fransiiam. 497 Appeal from District Court, Oallatin County; T, M, Pierce, Judge pro tern-, 9 Injunction by Cynthia E. Alexander against William J. Fransbani, slieriflF, lo restrain an execution sale. From a judg- ment for defendant, plaintiff appeals. Affirmed. Mr. ir. L, Uolloway, and Mr, E. B. Ilojfmaii, for Appel- lant. 1. CyntJiia E. Alexander being the sole owner of the land mentioned in these proceedings, which is the identical property mentioned in ihe cnse of Cair v. Alexander, a judgment re- covered against AV. J. Alexander did not constitute a lien upon her property and could not be sold to satisfy a judgment. (Code of Civil Procedure, Sees. 1197; 2133, 1196,' 1211.) 2. The sheriff exceeded his authority in attempting to sell tlie interests of Cvnthia E. Alexander in that real estate to satisfy the judgment against W. J. Alexander ; that such a sale by the sheriff >vould cast a cloud upon the title of plaintiff's property. (Code of Civil Procedure, Sees. 1224, 1225, 1233.) 3. The plaiutiff had no speedy and adequate remedy at law, and, under the circimistances of this case, an injunction will lie. (Grigshy v. Schicarz, 82 Cal. 279; IIi<*kniaii v. O'Neal, 10 Cal. 292; U. S. Bank v. Schultz, 2 Ham. (Ohio), 471.) A sale by the sheriff and his execution and deliveiy of a deed would cast a cloud upon the title of the plaintiff in this action. (Pixie y v. Uiggins, 15 Cal. 128.) Mr, J. L, Slaafs, for Respondent. The issues found in the case of Carr v. Alexander are con- clusive against the appellant. (Wingard v. Jamison (Wash.), 7 Pac. Rep. 803, and cases cited; Waymire v. San Francisco if S. M. By. Co,, 112 Cal. 646; 3IcCoy v. Quick, 30 Wis. 521; Doughthitt v. MacClusky (Wash.), 40 Pac. Rep. 186.) The appellant had an adequate remedy at law in the main Vol. XXVI-3-2 498 Alexander t\ Fjiansham. [Mar.T/02 case. She did not move for a new trial, or an amendment of the judgment, or rippeal from the same. When such is the status of the case, iippellant cannot be permitted to retry the issues in another action. See authorities last above cited, and also Tevis v. Ellis, 25 Cal. 575; Lmig v. Neville, 36 Cal. 455; Ede V. Hazefi, 01 (^al. 360. Appellant is deemed to Ix^ the owTier. (Code of Civil Pro- cedure, Sec. 2140.) The notice of lien stated the names of the owners who were the deferwlants in the suit^ arid the notice was part <yf (,^arr\s comi|;laint. Tlie issue of owniership excluded the necessity of showing agency of husband for ^^^fe, but if it was necessary ^here was ample proof that appellant ratified whatever the linsband did in causing the lalK>r to be |>erfonned, as by their joint ans^^x^r they paid a part of the price and ten- dered what thev claimed was the balance due. (Ilarlaan^ v. Stipffeheem, 87 Cal. 508.) The decision of the court is final on all questions which un- der the evidence mi^ht have been found either way. {Harper V. LocMart (Colo.), 48 Pac. Rep. 901. In the absence of the evidence, where the findings support the judgment, they will not Ik* disturbed. (Calmer v. Caine (T^tah), 61 Pac. Pep. 1008; Jenkins v. Frink, 30 Cal. 587; Firehaurjh v. Bnrhanl\ 121 (^al. 186; 2 Enc. PL and Prac. 487; MoJToir v. Lai.der, 77 Wis. 77; Clayhaugh v. Ilennessy, 21 111. App. 124.) There is not suffi *ient equity alleged in plaintiff's complaint, or shown by the findings of the court to maintain this action. {Pixlcij V. Ifigrjins, 15 Ci\l 127; Cohca v. Sharp, 44 Cal. 30; lioman Catholic Archbishop v. Shipman>, 61) Cal. 586; Mc- Cormick v. Fiddle, 10 Mont. 467.) If the judgment is regular and the apjx^llant was a party to the proceedings, she is concluded by the judgment, and her in- terest in the proj)eriv, whatever it may be, is subject to sale under the execution. (Code of Civil Procedure, Sec. 2133.) The comi>laint of the appellant is insufficient to justify the issuance of an injunction. {McCoi^ch v. RiddJe, 10 Mont. 26 Mont.] Alexandek v. Fraxsiiam. 499 467; Waldro)i v. Marsh, 5 Cal. 119; Mechanics' Foundry v. Byall 75 Cal. 301 ; Thorn v. Sweeney, 12 Xev. 251 ; High on Injunctions, Sections 34, 722, and cases cited.) MR. CHIEF JUSTK^E BRAiS^TLY delivered the opinion of the court. This action was brought to obtain an injunction to perpetu- ally restrain the defendant from proceeding to sell, under an execution in his hands as sheriff of Gallatin countv, certain real estate belonging to the plaintiff. Tlie execution was is- sued upon a judgment in favor of one Carr in an action brought bj him in the district court of Gallatin county against the plaintiff and her husband, W. J. Alexander, tlie purpose of Avhich was to foreclose a mechanic's lien. Tlie judgment was rendered against W. J. Alexander personally, but was declared a lien upon the profx'rty in controversy, the claim in suit being for work done by Carr as a mechanic upon certain improve- ments erected thereon. Upon a trial of the cause the district court found for the defendant, and rendered judgment in his favor for costs. Plaintiff has appealed. The only question submitted to this court is whether the find- ings support the judgment. The findings are voluminous, and cover fully every is>iTe in the case. We shall not undertake a discussion of them. The district court evidently proceeded upon the theorv that in ibe investio^ation of this case it was bound by the judgment la the case of Carr v. Alexander, the same appearing upon its face to have been given and made in the proper exercise of jurisdiction regularly obtained over the sub- ject-matter and the parties. There is nothing in the record to indicate that the conclusion reached was erroneous. The fact that the judgment in the case of Carr v. Alexander was ren- dered against W. J Alexander personally does not prevent it from being a valid lien against the property of the plaintiff, as was adjudged by the district court. If that judgment was erro- neous in this particular, the plaintiff should have sought to have 500 SciivrzLEiN Paint Co. v. Passmobe. [Mar.T/02 it corrected by iiioticii for a new trial or upon appeal. Having failed to pursue this course, the plaintiff must abide the conse- quences. The judgment is «fBrmed. Affirmed. 2B-5m CHARLES SCHATZLEIN PAINT COMPANY, Eespond- -f 6^1 ENT, V, PASSMORE, Appellant. 31 624'. 1~^' (No. 1.404.) 35 172i '26 500l (Submitted March 4. 1902. Decided May 12, 1002.) ,37 57» Appeal — Tirns — Jurisdiction — Order Denying New Trial — Question Considprcd — Error Witlwut Prejudice — Jury — Weight of Evidence. I 1. Under Code of CIyII Procedure, Sec. 1723, Subd 2, as amended by Laws of i 1899, p. 147, proytding that an appeal may be taken within ninety days from a judgment of the district court rendered on an appeal from an in- ferior court, an appeal talcen more than ninety days after the entry of such \ Judgment will be dismissed for want of Jurisdiction. | 2. Under Code of Civil Procedure, Sec. 1170, declaring a new trial to be a re-examination of an issue of fact in the same court after a trial and decision, and Section 1171, Subd. 7, authorizing a new trial for an error of law occurring at the trial, duly excepted to and materially affecting the substantial rights of the moving party, the point that the complaint fails to state facts sufficient to constitute a cause of action, made by demurrer, which was overruled before the trial, and not renewed or otherwise pre- sented at the trial, cannot be considered on an appeal from an order deny- ing a new trial. 3. An order denying a new trial should not be reversed because of Inaccuracy in the instructions which clearly did not result in prejudice to the com- plaining party. 4. The supreme court will not reverse an order of the district court denying a new trial, though the evidence, as it appears in type, seems to prepon- derate against the verdict, since the weight of the evidence was for the Jury. Appeal from District Court , Silver Bow County; John Lind- say, Judge. 2GMont.] ScuATZLEiN Paint Co. v. Passmore. 501 Action by the Charles Sehatzleiii Paint Company against C S. Passmore, doing business as Passmore & Co. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Appeal from judgment dismissed, and order denying new trial affirmed. Mr. Robert McBride, for Appellant. The complaint does not state facts sufficient to constitute a cause- of action. It is a settled rule of pleading that perform- ance by plaintiff of conditions precedent must be alleged. (4 Enc. PI. & Prac. 628, and cases cited ; Loup v. Cal. 8. Ry. Co., 63 Cal. 97 ; Holmes v. Richet, 56 Cal. 307 ; Cox v. McLaughlin, 63 Cal. 196; 4 Enc. PI. & Prac. Sec. "c," page 643; 29 Enc. Law, page 926.) It is true that upon defendant's demurrer being overruled, an answer was filed ; but we do not understand that by so doing defendant waives his objection that the complaint does not state a cause of action and will not supj>ort a judgment. The ob- jection that the complaint does not state facts sufficient to con- stitute a cause of action mav be raised for the first time on apjx'al. (No. o85, Code of Civil Procedure; Bohn v. Dunphy, 1 Mont. 340; Territory v. Yirgmm Road Co,, 2 Mont. 96 aUlette v. Hihhard, 3 Mont. 413; Parfrrr v. Bond, 5 Mont. 1 Foder v. \yUson, 5 Mont. 53; Quirlc v. Clarl\ 7 ]\[ont. 108 White^e v. L'hchcr, 7 Mont. 473-477; Raymond v. Wincettc, 12 Mont. 551.) A general demurrer is not waived by consenting that it may be overruled. (Evans v. (Herhni, 38 Pac. (Cal.) 725.) There being an entire absence of a material allegation, the defect is not cured by a verdict in plaintiff's favor. (Richards v. Insur- ance Co., 22 Pac. (Cal.) 939; see, also, 4 Ency. PI. & Prac. page 667, and cases cited; /rf., page 629; Daley v. Russ, 86 Cal. 114, 24 Pac. 808; Jerome v. Stehhins, 14 Cal. 457.) Mr. \Vm, E. Carroll, for Respondent. 502 SciiATZLKix Paint Co. v. Passmoke. [Mar.T.'02 ]\IR. JUSTICE PIGOTT delivered the opinion of the bourt. These are appeals by the defendant from the final judgment entered against him imd an order denying his motion for a new trial. 1. The action \\as commenced in the court of a nistice of the peace, where a judgment was rendereil. From that judg- ]nent an api)eal wiiS taken to the district court, where, upon a trial de novo, the present judgment was given and entered on October 28, 1S9S. Xotice of appeal therefrom to this court was served on April 20, 181)1), and tiletl on April 22, 181)1). Subdivi!-;i< n 2 of Section 1723 of the Code of Civil Procedure, as amended in 181)1) by House Bill Xo. 124: (Laws of 1899, l)age 140), provides that an appeal may be taken to the supreme court from a final judgment of a district court rendered on an appeal from an inferior court within ninety days after the entry of such judgment. The appeal from the judgment, not liavine; been taken v. itliin iiinetv davs after its entrv in the dis- trict court, must, upon our own motion, be dismissed for want of jurisdiction to entertain it. (Morris v. McLaughlin, 25 Mont. 151, 04 Pac. 219; Warren v. llurnble, 26 Mont. 495, 08 Pac. 851 ; Madifjan v. llarrimjion, 2(5 :3iIont. 358, 67 Pac. 1121 ; Gallagher v. Cornelius, 23 Mont. 27, 57 Pac. 447.) Whether Section 1724 of the (^ode of (^ivil Procedure re<]uires the no- tice of appeal to be filed and serveel on the same day is a ques- tion reserved. 2. There remains for consideration the appeal from the order refusing i new trial. It is contended that tlie cewuplaint fails to state facts sufficient to constitute a cause of action. This point was made by demurrer, which w^as overruled before the trial e)f the issues oi fact, and the objection raising this point was not renewed or otherwise presenteel during the trial. A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jurj' or court, or by referees. (Section 1170, Code of Civil Procedure.) One of the causes for which, on apj)lication of the party aggrieved, the 26 Mont] Stillinuer r. Pablo et al. , 503 verdict or other Jecition may be vacated and a new trial granted, is an error in law occurring at the trial, duly excepted to by him and materially affecting his substantial rights. (Subdi- vision 7, Sec. 1171, (^'ode of Civil Procedure.) If tlie court Avas wrong in overruling the demurrer, the error did not occur at the trial, and cannot be reached by the motion for a new trial. It could ])rop('rly be presented on appeal from the judg- ment, but, as that attempted appeal must l>e dismissed, we are l)recluded from inquiring into the sutKciency of the complaint. •5. The other s])ecificatiGns of error we have examined. After a careful consideration of the entire record, we are of the opinion that no one of them is meritorious. The instnictions of which complaint is nuule are doubtless opeii to objection on the score of inaccuracy, but it is clear that error prejudicial to the defendant did not result therefrpm. With resj>ect to the verdict, we observe that wliile the evidence, as it appears in type, seems to ])reponderate in favor of the defendant,- it was nevertheless sulKcieni: to justify the verdict against him. The weight of the evidence was for the jury. The attempted ap])eal from the judgment is dismissed, and the order denying a new trial is affirmed. Ix't remittitur issue forthwith. STILLIXGEK Applllant. r. PABLO et al., Kespoxdexts. (Xo. 1.438.) (Submitted April 14, 1902. Decided May 12, 1002.) Appeal from Di'i'rici Court, Missoula County ; F, 11. Woody, Judge, AcTiox bv Charles A. Stillineer aiiainst ^lichael Pablo and another, as exec'utois of (^harles Allard, deceased. From a judgment of nonsui"*, plaintiff appeals. Affirmed. 504 State v. Dempsey. [Mar.T.'02 Mr. S. G, Murray, and Mr. L. J. Knapj), for Appellant. Messrs. Marshall & Stiff, for Respondents. MR. JUSTICE MILBURX delivered tlie opinion of the conrt. In this cause, after the testimony on the part of the plaintiff was concluded, the court granted a motion of the defendants for a nonsuit, and rendered and caused to be entered judgment in favor of defeadants dismissing the action and for costs. The plaintiff has appealed. The cause was submitted to this court on briefs, without oral argument. We have carefully examined the record on appeal, and fully considered the briefs of counsel. Wo do not discover any error of the court prejudicial to the appellant. The order granting the plaintiff a nonsuit was properly granted, and the judgment is therefore affirmed. Affirmed. STATE, Respondent^ v. DEMPSEY, Appeluvnt. On iroTiON TO Dismiss Appeal. (No. 1,800.) (Submitted May 19, 1902. Decided May 26, 1902.) Criminal Laic — Appeal — Escape — Absen/'.e froin Jurisdiction. Where one convicted of marder appealed, and thereafter cscai>ed and ilcd beyond the jurisdiction of the court, the appeal should be dismissed on condition that, If he surrender himself within a stated time, the appeal would I'D reinstated. 28 Jlont.] State v. Demfsey, 505 Aiipcal from Dislrict Vouii, iSih'cr Bow County; William Clancy, Judtfe. 1'etkr Uempsey was convicted o£ iimriler, and apptnls. Ap- peal dismissed condition ally. Mr. TliMiuis A. Morrin,ioT Appellant. -Vr. James Donovan, AUorney General, for the State. JIU. THIKF .irSTICE BRAXTLY delimed tiie opinion of the court. ■ The defendant \v,;s convicted of nuirder of the first degree, and condemned to death. He thereupon appealed to this conrt fnmi the jndginent of conviction, and from an order denying hitii a new trial. Pending his appeal he was confined in the jail of Silver Boh- county, the place of his trial, hnt escaped tlierefroin, and is now Iw'vond the jurisdiction of this court. The attorney general, having shown the fact of the defendant's escape and ah^i^nce from the jurisdiction, has submitted a mo- tion asking that the iippeal be dismissed. The rule is well fcettled that an appellate court will refnse to hear an appeal m a criminal case unless the appellant is within the jurisdiction, either by being in actual custody, or nnder bail for his appearance tn abide further orders in the case when the TPmitHUir issues to the trial court. The reason of the rule is well statetl in Coonmovwealth v. Andrevs^ 07 Mass. ."i-tS, as follows: "The defendant, by escaping from jail, wl was held for the pnriMtse of prosecuting these exccptio abiding the judgment of the court thereon, has volu withdrawn himr-elf J'n>m the jurisdiction of the court, not jjresent in person, nor can he l>o heard by attorney. . ing would avail nothing. If a new trial should be orde is not here to answer further; if th" exceptions are ove a sentence cannot Ik; pronoimced and executed ujion him 504 State v. Dempsey. [Mar.T/02 Mr, S. G. Murray, and Mr. L, J. Knapp, for Appellant. 1 Messrs. Marshall <£ Stiff, for Respondents. MR. JUSTK^E MILBURX delivered tlic opinion of the conrt. In this cause, after the tesrimony on the part of the plaintiff was concluded, the court granted a motion of the defendants for a nonsuit, and rendered and caused to be entered judgment in favor of defendants dismissing the action and for costs. The plaintiff has appealed. The cause was submitted to tliis court on briefs, without oral argument. Wo have carefully examined the record on appeal, and fully considere<l the briefs of counsel. Wo do not discover . any error of the court jjrejudicial to the ap|>ellant. The order granting the plaintiff a nonsuit was properly granted, and the judgment is therefore affirmed. A/prmcd. STATE, Respondent^ r. DEilPSEY, Appet-lant. On ifoTioN TO Dismiss Appeal. (No. 1,800.) (Submitted May 19, 1902. Decided May 26, 1902.) Criminal Law — Appeal — Escape — Absence from- Jurisdiction. Where one conTicted of murder appealed, and thereafter rgcai)ed and ilcd beyond the Jurisdiction of the court, the appeal should be dismissed on condition that. If he surrender himself within a stated time, the appeal would !« reinstated. 2Q Mont.] State v. Dempsey. 505 Appeal from District Court, Silver Bow County ; William Clancy, Judge. Peter Dempsey was convicted of murder, and appn^als. Ap- peal dismissed conditionally. Mr. lliomas A. Morrln, for Appellant. Mr. James Donovan, Attorney General, for the State. :MR. chief justice BRAXTLY delivered the opinion of the court. " The defendant wr.s convicted of murder of the first decree, and condemned to death. He thereupon appealed to this court from the judgment of conviction, and from an order denying him a new trial. Rending his appeal he was confined in the jail of Silver Bow county, the place of his trial, but escaped therefrom, and is now Ix^vond the jurisdiction of this court. The attorney general, having shown the fact of the defendant's escape and absence from the jurisdiction, has submitted a mo- tion asking that the appeal be dismissed. The rule is well &ettled that an appellate court will refuse to hear an appeal In a criminal case unless the appellant is within the jurisdiction, either by being in actual custody, or under bail for his appearance to abide further orders in the case when the remittitur issues to the trial court. The reason of the rule is well stated in Commonwealth v. Andretrs, 07 Mass. 543, as follows: "The defendant, by escaping from jail, where he was held for the purpose of prosecuting these exceptions and abiding the judgment of the court thereon, has voluntarily withdrawn him!?elf frDm the jurisdiction of the court, lie is not present in person, nor can he he heard by attorney. A hear- ing would avail nothing. If a new trial should be ordered, he is not here to answer further ; if th^ excej)tions are overmled, a sentence cannot be pronounced and executed upon him. The 506 State r. Dempsey. [Mar.T.'02 attorney general ha^ a right to ask that he should be present to receive the jiulipnent of the court. (1 Chit. Cr. Law, 063; Ileg. V. Caudirell, 17 Q. B. 50:].) So far as the defendant has any right to l)e heard under the constitution, he must be deemed to have waived it 1>\ escaping from custody and failing to ap- pear and projiCf-ute his 'exceptions in person, according to the order of court under which he was conmiitted." The cases in which the courts have adopted and applied the same rule are numerous. The following are in ptjint : McGoirati v. People, 104 111. 100, tl Am. Kep. 87; Gentry v. Siaie, 91 Ga. 669, 17 S. E. 956 ; Smith v. T. S., 94 V, S. 97, 24 L. Ed. 32 ; Hanv- ilton V. State (Tex. (V. App.), 23 S. W. 6S3 ; State v. Sites, 20 W. Va. 13; People v. Bedifujer, 55 (^al. 290, 36 Am. Rep. 32; State v. Handy (Wash.), 67 Pac. 1094; Woodson v. State, 19 Fla. 549. In People v. (Jenei, 59 X. Y. SO, 17 Am. Rep. 315, the de- fendant, having been convicte<l of felony, escaped from custody, and was a fugidve from justice. When he escaped, there was j)ending on his Ix'half an application to the trial court for settle- ment of his proixjsed bill of exceptions. The court declined to consider the ai)j)lication, on the ground that the defendant was at tlie time ''a fugitive at large, and beyond the control and without the pnwer of the authorities of this state; he having made his escape and al)sconded from their custody after his conviction, and vliile awaiting the action of the court u}X)n it.'' Upon a])plication to the su])renie court for mandamus to compel a settlement, the writ was refused. The appellate court, in affirming the or ler, haid : **When a person charged with felony has escaped out (d custody, no order or judgment, if any should be made, can be enfcrced against him ; and courts will not give their time to proceedings which, for their effectiveness, must de])end upon the coii^H^nt of the person charged with crime. The fact that in this state the law allows proceeding;^ on writs of error without requiring the actual presence of the criminal in court does not at all conflict with the view that steps will not be allowed to be taken on his behalf when he is no longer in 26 Mont] Ix KK Weed. 507 custody or on bail, but has fled from the custody of the law. His presence m court is necessary when he is to be tried, or when some sentv^nce or judgment involving. his corporal punish- ment is to be pronounced. His being in custody is necessary to any step for or against him, except such as may be taken to bring him again into custody. All the cases which consider the question seem to coi^.cur in the view that an escaped prisoner cannot take anv action before the court.'' In some cases the courts have, on motion, peremptorily dis- missed the writ of error or a])peal. The prevailing rule seems to be, however, not to make the order of dismissal final until the defendant !ias had an opportunity to surrender himself to the proper custody and submit to the jurisdiction of the court. We adopt tliis as the better rule, and direct the following order to l>e entered: It is ordered that the appeal stand dismissed, provided that^ if the defendant returns to the jurisdiction and delivers himself to custody on or before August 4th next, the appeal may be reinsh'ted. The remittitur will 1)e withheld until that date. Ix RE WEED. (No. 1,744.) (Submitted March 28, 1902. Decided May 26, 1902.) A ttorneys — D isha nrwnt — Deceit — Malpractice, 28 6071 f28 366 An ttttorney-at-law who, after having entered into a contract to sell land to a third party, and after having received a part of the purchase price, deeded the land to a mortgagee thereof, the latter having threat- ened foreclosure, and having no knowledge of the agreement to sell, and w^ho afterwards, notwithstanding that he had thus parted with all title, accepted further payments on the contract from the third party, without informing him of the actual situation, and later falsely repre- senting to him that the title was Involved in an estate in another state, but that he would be able soon to convey, was guilty of acts neces- sarily involving deceit, and. though a criminal prosecution was barred by lapse of time, was liable to disbarment proceedings. 50s Ix KE Weki). . [Mar.T.'02 2. An attorney-at-iaw who, having been employed to collect claims against a corporation, falsely represented to his client's attorney In fact that the corporation was settling on a basis of 50 per cent, only, and that he would retain 10 per cent, as his fee, and obtained authority to settle on such terms, and who, notwithstanding, collected 73 per cent, on one claim and 60 oer cent, on another, and turned over to the attorney in fact only 45 per cent, of each claim, and afterwards permitted judgment to go against him by default for the balance, taking no steps to have it set aside, was guilty of malpractice and deceit as an attorney, and liable to d'sbarment proceedings. 3. In disbarment proceedings, the institution and conclusion of a criminal action against the accused is not always essential as a prerequisite to an investigation by the supreme court of matters constituting a felony. PROCEEDiNCis for the disbarment of Elbert D. Weed, as attor- ney. »Tudginent of siisj>en8ion entered. M)\ X. W. McConnelK for Aeeused. Mr. James Donovan, Attorney General, amicus curiae. ^\\i. JUSTirE PIGOTT delivered the opinion of the court. Disbarment. Original. This is a proceeding for the disbar- ment of Elljert 1). Wee<l, Esquire, institute<l on Xovcmber 23, 1901. On January 13, 1902, objections to the several accusa- tions were sustain.jd, with leave to amend the petition and at- tacli ])roper verifications within 20 days, (/n re Weed, 20 Mont. 241, 07 Pac. 308.) An amended petition was filed on January 23, to whieli the accused answered by filing objections to tlie sufliciency of each accusation. His objections to the first four accusations, l)eing without merit, were overruled. The ob- jections to the fifth f.nd last accusation w^ere sustained, and that accusation dismissed. An answer to the merits w^as filed on February 18, 1902, and on March 27 and 28 the cause was tried by the court. 1. We are not t-iitisfied Avith the truth of the material alle- gations constituting: the fourth accusation, and therefore dis- miss it as not proved. There remain for consideration three accusations. 2. The first accusation charges the accused with the com- mission of acts necessarily involving deceit (whether the deceit 26 Mont.] In rk Weed. 509 Avas an independent crime we do not decide), and also a viola- tion of Section 200 of tlie Fourth Division of the Compiled Statutes of 1887. Briefly stated, the averments are these: On December 7, 1894, Weed, who then was, ever since has been, and now is, an attorney and counselor of this court, entered into a written contract of sale with one Mayer, whereby, **for and in consideration of $125.00 paid by said Mayer to said Weed, the latter agrees to and w^ith said Mayer to sell and convey eighty (80) acres of land in a square tract off the southwest corner of the southeast quarter (14) of section 7, T. 11 X., R. 3 W., at the rate of ten dollars per acre, to be paid as fol- lows: $125.00 doMn, the receipt whereof is hereby acknowl- edged; $200.00 on or before January 15, 1895; $175.00 on or before March 1, 1895; $300.00 on or before December 1, '95." This contract was not recorded. Weed was then the owner in fact, as well as by the record, of the land, which lies in Lewis jind Clarke county, Montana. On or about April 17, 1895, Mayer paid to Weed $200 as part of the pur- chase price, which fchould have been paid on January 15, and the further sum of $175 as the installment w^hich was due on March 1, 1895. Before these payments were made, and on April 2, 1895, Wec:l, well knowing that he was not, and would not be, able to convey title to Mayer, knowingly, and with intent to defraud Mayor, ard feloniously, for a valuable consideration, granted to one Luther F. Smith, by deed of conveyance of that date, the land alreidv sold to Mayer, which deed to Smith was duly recorded on April 15, 1895. At the time of the grant to Smith, ]\Iayer was not residing on the land, nor was there any- thing to put Smith en notice that any i)erson other than Weed had an interest in it. The deed to Smith invested him with the fee-simple legal title, without any reservation or exception what- ever ; and thereafter Weed had no interest in the land, nor con- tract bv which he could ever obtain title to it. Weed did not inform Mayer that he intended to grant, or that he had granted, the land to Smith, and did not notify Smith that he had there- tofore agreed to sell to Mayer. Because of his implicit confi-' 5 10 Ix RE Weed. [^\iiT T.'02 denee in the integriiy of Weed, flayer omittcKl to examine the records to ascertain the condition of the title. The transfer to Smith was falselv and fraiidulentlv made with intent on Weed's part to defraud Mayer of the land and of the money lie had paid upon the contract. Wee<l knowingly and fraudidently con- cealed from Mayer the fact of the transfer to Smith, with the deliberately planned purpose and intent to cheat and defraud !Mayer and induce l.im to pay the remainder of the purchase price, and thus to defraud him of all payments which he might thereafter make. Weed was and is utterly insolvent. In August, 181)5, Mayer tendered to Weed the remainder of the purchase price, and demanded a deed, but Weed then and <ifterwards falselv and fraudulently stated to IMaver that he could not at the time comply wilh the demand, for the reason that the title was involved in an estate in Wisconsin, in which several minor heirs were inter?sted, but expected to make title in a few days. Mayer did not learn of the transfer to Smith until Septeml>er, 1901, when the daughter and grantee of Smith demanded pos- session of the land. Since April 2, 1895, Weed has been a stranger to the title. lie is unable to convey to flayer, has had no control over the land, and no means or device whereby he could or can obtain title. The statutes of limitation bar anv • criminal action ajrainst Wei^d. He refuses to reimburse Slaver or. return the money received, but offers a note for $250 in full satisfaction. By his answer the* accused denies that any of the sums paid bv Maver were Daid after April 2, 1895 ; denies everv alle^jra- tion of fraud and deceit ; pleads that at the time the contract v/as made the land was mortgaged to Luther F. Smith, a resi- dent of Wisconsin, which mortgage was of record, and that the accusesd explained fully to flayer at the time the fact of the incumbrance, and that Mayer accepted the contract subject to the mortgage; that he at all times expected, and still expects and intends, to discharge the mortgage, and to execute a deed to Mayer convoying a perfect title upon payment of the re- mainder owing by the latter; that subsequently, and on April 2G Mont.] ^ In re Weed. 511 2, 1895, without his fault, and on account only of depreciation in values, and business reversals beyond his control, the accused "Nvas unable to pay the amount secured by the mortgage when it became due, which w^as prior to the 1st day of April, 1895, and Smith, being al>out to begin a suit to foreclose, the accused, under compulsion of the threatened suit, and only to save the expense thereof, was compelled to give to Smith a deed to the land and other lands covered by the mortgage; that at the time of the execution of the deed there was a full, complete, and binding agreem.^nt l)etween Smith and the accused, by tlie 'terms of whicli Smith was to reconvey to the accu^d upon pay- ment of the amount w4iich might then be due from him to Smith. At the trial the following facts were either admitted or proved beyond a reasonable doubt to exist: In 1884 the accused made his interest-bearing note to Smith for $1,400. Payment of this note was secured by a mortgage made by the accused of certain lands ovvned by him, including tlie 80 acres afterwards contracted for by Mayer. The mortgage was of record. On December 7, 1894, tlie contract between Weed and Mayer was entered into, ind $125 paid down by Mayer. A few months thereafter, on April 2, 1895, Weed conveyed by deed of bar- gain and sale to Smith tlie full legal title to all the land mort- gaged, the deed ix-iiig silent as to the contract with Mayer. The negotiations for a settlement were carried on between Smith's counsel at Helena and Weed, and covered a period of several years. These xinally resulted in an agreement whereby, in sat- isfaction and dischai'ge of the mortgage, Smith was to take the property at a valuaiion of $3,100, and a note of the accused for $3,300, — the debt then amounting to $6,400. The accused was hopelessly insolvent. In the language of Smith's counsel: *'The amount v»'as v. large amount of money, something over $(),000. Ifhad been running for ten years, and every one was very anxious to have it settled up. You [the accused] and I had numerous laoetirigs and negotiations, covering a long period of time, possibly three or four years; and finally the best we 512 Ix RE Weed. [Mar.T.'02 could do was lo have the property appraised, and give you credit for the amount so fixed, and you give a new note for the balance. * * * My recollection is that it was rather a hopeless proposition, and you were obliged to give a note for $3,300 over and above this credit [of $3,100 represented by • the land]." Pursuant to this arrangement, the deed of April 2, 1805, was made, and a note for $3,300 given to Smith. The accused never infoniied Maver that he intended to convev, or had conveyed, the Innd to Smith; nor did Smith's counsel or Smith ever hear of the Mayer contract, the accused preserving . silence in respect of it. The deed was recorded on April 15, 1895. On the I7tli, 18th, or 19th of the same month Mayer paid to the accused persooially the installments of the purchase price due in January and March, amounting to $375, and at the same time naid to him $8.60 as interest at the rate of 12 per cent, yearly thereon from the times when these several pay- ments should have l>een made to April 15. Mayer did not learn of the deod to Smith until September, 1901, when Smith's daughter, who was then and is now the ow^ner of the land, dis- possessed IMayer. The latter, deeming himself the owner, had been in posses3ion since April, 1895, and had made permanent and valuable improvements. In August, 1895, and subse- quently, on different occasions, Mayer offered to pay to the ac- cused tlie remainder of the purchase price upon receiving a good title; but the accused falsely stated that because Smith was dead and his estate involved in the Wisconsin courts, or because there wctc several minor heirs of Smith (the accused testifying to the giving of the former, and other witnesses to the giving of the latter, reason), he was imable immediately to make a deed to the land, though he was willing to receive from Mayer the last installment of the purchase price, assuring Mayer that he "expected to have everything in shape in a few <lays to make your title good." The accused repeated these false excuses, wliich Mayer believed, as late as the summer of 1899. At no time prior to February 19, 1902, which was after the amended petition in this proceeding was filed, did he have 26 Mont] In re Weed. 513 any agreement with, or option from, Smith or Smith's suc- cessor in interest, nnder which he had the right or privilege of repurchasing the* land. His assertion to the contrary is, according to the only reasonable inferences to be drawn from his own testimony, manifestly an afterthought, and wholly false. He admits that he did not disclose to Mayer the fact of the deed to Smith having been made, and he assigned false reasons Avhy he could not convey title to Mayer. He has never paid, in whole or in part, the money received from Mayer. In the foregoing statement we have not attempted to detail all the items of evidence which tend to prove the accused guilty of the felony and of the deceit charged in the first accusation. We have contented ourselves ivith a recitation of some of the most salient conclusions of fact necessarily deducible from the evidence. That he knowingly and fraudulently sold the land to Smith for a /aluable consideration after he had executed the agreement for its sale to Mayer was proved beyond a reason- able doubt. That he practiced a deceit upon Mayer in receiv- ing the $383.60, after he had parted with every shred of title to the land, is o& clear as any fact, not susceptible of mathe- matical demonstration, can possibly be. A criminal action under Section 200, sup-a^ is barred by lapse of time ; but this does not preclude an investigation by the courts into the moral fitness of a counselor at law to remain a member of the most honorable and useful of the learned professions. If the ac- cused could be prosecuted criminally under the provisions of Section 200, supra, Ave should, of course, refuse (in so far as the matters constituted a public offense) to entertain jurisdic- tion of the first accusation, — which charges a feloiiy, and also gross misconduct, involving moral turpitude, in matters not pertaining to the office of counselor, — until the usual powers of trial courts of criminal cognizance had been invoked. (In re Wellcome, 23 Mont. 140, 213, 58 Pac 45.) In the present case, however, it Avould be useless to require, as prerequisite to an investigation by this court of the matters constituting a felony, the institution and conclusion of a criminal action by Vol XXVI-aa 514 In be Weed. [Mar.T.'02 complaint^ information, or indictment, for such an action is barred by the statute of limitations. Nor is a previous con- viction essential. {In re Wellcome^ 23 Mont. 213, and cases cited on pages 225 and 226, 58 Pac. 47 ; Boston Bar Association V. Greenhood, 168 Mass. 169, 182, laS, 46 N. E. 568; Cowley V. O'Comiell, 174 Mass. 253, 53 N. R 1001, 54 X. E. 558; Delano's Case, 58 X. H. 5, 42 Am. Rep. 555.) We find the accused guilty as charged in the first accusation. 3. The second aiid third accusations may be considered to- gether. By them the accused is charged with malpractice and deceit as an attorney and counselor. In August or September, 1900, one Angell and one Schwendinger employed the accused to examine into the matter of the receivership of a certain min- ing company againjt which they held claims. They desired to have the order appointing the receiver vacated, so that their demands might be paid out o£ the property of the company. The accused investigated the question and was paid for the advice he gave. The claims Avere left in his hands for collec- tion. In December, 1900, he prepared and caused to be filed, in behalf of his clients, notices of laborers' liens based upon these claims. In April, 1901, at the request of Angell and Schwendinger, he drafted powers of attorney appointing one Davis their attorney in fact to collect the demands. In August, 1901, learning ihat the company was settling the claims against it, he went to Davis and falsely informed him that the company was settling the claims on the basis of 50 per cent, only, that it would not pay more, and that of such amounts he (the ac- cused) would retain 10 per cent, as his fee or commission. Davis authorized him to settle on the terms suggested. There- upon the accused collected 75 per cent of the Angell claim and 66 per cent, of the Schwendinger claim. He turned over to Davis 45 per cent, of the face value of each demand, and kept the remainder, Davis and his principals afterwards dis- covered that the company had paid the accused a greater pro- portion of the demands. Subsequently Angell sued the accused to recover the vlifference between the amount received by him 26 Mont.] In be Weed. 515 and the amount accounted for. The accused was personally served with summons, made default, and suffered judgment to go against him. Thft judgment has not been paid. He testified that he fully intended to defend the action and interpose a counterclaim for professional services, but had occasion to leave Helena, where the action was pending, and while absent for a few days judgment was taken. He offers no reason why he omitted to move the vacation or setting aside of the judg- ment. This is but one of the items of evidence tending to prove the charges. The accused i§ found guilty of the malconduct alleged in the second and third accusations. The acts constituting the crime, and the substantive' deceit alleged in the first accusation, were committed seven years ago, although the affinnative deception serving to characterize them was continued until 1899, or even later. The malconduct charged in the second and third accusations may possibly have been the result of a mistaken idea of the accused that his pro- fessional duty in respect of the demands had ceased, and that he, as broker, was dealing at arms' length with the agent of his former clients, and was under no obligation to disclose frankly and fully his knowledge concerning the demands, which he had obtained in virtue of his fiduciary relation. If he en- tertained such fin idea or belief, it was unsupported by the facts and was without foundation in law or ethics. In view of these considerations, and of the evidence establishing his good reputation for trustworthiness and honesty, we deem it merci- ful and at the same time just^ to impose a penalty less severe than permanent disbarment. The judgment of the court is that the accused, Ell^ert D. Weed, be, and he is hereby, suspended from his office of attorney and conselor, and deprived of the right to practice as such in the courts of Montana, for the period of two years, to-wit, until the 26 th day of May, 1904; at the expiration of which time he may, upon proper petition, supported by satisfactory evidence of good conduct meantime, be restored to his privil^es. Let the judgment be entered. 516 In be Weed. [Mar.T.'02 Mr. Chief Justice Braxtly: I concur. Mr. Justice Miiburx: I concur in the result as reached by my associates as to the charge made against Mr. Weed con- nected with the matter of the sale of real estate to Mr. Maver. I am much impressed with the force of Mr. Justice Pigott's views and of the decisions and opinions of the other courts which support the position taken by the majority of this court. But I am not convinced that this court may, in this proceeding, find the respondent guilty of a felony without at least an at- tempt to prosecute him before a court competent to render a judgment of conviction. To find a lawyer guilty of an act in- volving moral turpitude, the act being felonious, and to mark him as a felon without an attempt at a trial, is not, in my opin- ion, embraced within the power conferred upon this court by Subdivision 5 of Section 402 of the CJode of Civil Procedure. The adjudicated cases of this state have not gone to that extent, as I think. I am not fully satisfied that the said subdivision was intended to confer upon this court the power to adjudge a man guilty of a felony without at least an attempted trial in a competent trial court. But it is not necessary for me, in arriving at a determination as to my duty in this case, to agree with the courts that have held views opposed to mine. A careful examination of the record shows ihat Mr. Weed failed to act with the good faith which should •?haracterize a trustworthy attorney and a mem- ber of this bar in relation to the matter of the sale of the said land after he had received the last money which was paid to him by Mr. Mayer. Assuming that the respondent's intentions, although sadly mistaken, were honest at the time that he made the contract to sell the land, and all along up to and including the time when he received the last payment of money thereon, one cannot in any wise excuse his behavior toward Mr. Mayer since the date of the last payment. His conduct was one of deception. If he became embarrassed because of the deprecia- tion of the value of real estate and of financial distress^ he had 26 Mont.] Board of Co. Comers v. Story. 517 a plain and evident duty, to-^vit, to disclose to his unfortunate vendee the true circumstances of the case. His failure to ac- quaint Mr. Mayer with the truth, and his evident purpose to keep him in darkness as to the facts, disclose to me such a want of the true conception of a fair-minded man's duty to one de- pendent upon him for the truth, that I cannot avoid the con- clusion that the charge as made against him in respect of this matter, so far as it charges him with a want of good faith, is sustained ; and for this reason, and for this reason alone, with- out any finding as to his intent at the time he contracted to sell the property or received the money, I concur in the result as reached by the majority of this court. I concur in ihe opinion! of tlie court as to the findings, rea- sons, and conclus'ion in respect of the other charges upon which the respondent has been found guilty. BOARD OF COUJsTY COMMISSIONERS OF CUSTER COUNTY, Appellant, v. STORY, Respondent. AND BOARD OF COUNTY COMMISSIONERS OF CUSTER COUNTY, Appellant, v, STORY et al.. Respondents. (No. 1,453.) (Submitted April 18, 1902. Decided May 26, 1902.) Taxaiion — Personal Action to Collect a Tax — Statute of Limir tatio ns — Con stitn i ion. 1. Complied Statutes of 1887, First Division, Section 42, Subdivision 2, as amended by Laws of 1893, page 50, and Code of Civil Procedure of 1895, Section 520, limit the time for commencing a personal action to collect a tax to two years. 2. Compiled Statutes of 1887, First Division. Section 42, Subdivision 2. as amended by laws of 1893, page 50, and Code of Civil Procedure of 1895, Section 520, are not in conflict with Constitution, Art. V, Section 39. 518 Board of Co. Com ks v. Story. [Mar.T.'02 Appeal from District Courts Gallatin County; F. K. Arm- strong, Judge. Action by the Board of County Commissioners of Custer County against Keleon Story, and action by the Board of County Commissioners of Custer County against Xelson Story and Walter 1). Storv. Bv agreement of the oarties the causes were oonsolidai(yl and tried together. From judgments for defendantvS, plaintiff ap|K*als. Affinneil. Mr, C. B, Nolan, tmd Mr. James Donovan, Attorney Goieral, for Appellant. Mr. A. J. Campbell, for Respondents. The Hoxorable J. B. Leslie^ District Judge of the Eighth Judicial District, silting in the place of Mr. Justice Milbum, delivereil the opinion of the court. These actions were instituted against the defendants in the district court of Custer county on the 6th day of August^ 1897. Subsequently a change of venue was ordered by said court to the district court of Gallatin county. In the first-named action a recovery is sought against the defendant therein named on account of unpaid taxes assessed against him by the authorities of Custer county for the year 1889, amounting to the sum, with penalty added, of $759. The second action is similar in character. In two separate causes is allc^o<l the default of the defendants in the payment of taxes assessed against them by tlie county authorities of Custer county for the years 1800 and 1892, amounting to the sums, with l^nalties adde<l, ro.^i^ectively, of $7,087.15 and $187. Said sums sued for are alleged to have matured in the respective years of their assessment. To each cause answer was made traversing the iiaterial allegations, and, in addition, as against each cause of action, the statute of limitations was pleaded. By agreement )f the parties the causes were consolidated, and 26 Mont] Board of Co. Com'ks v. Story. 519 tried together by the court below sittifig without a jury. At the conclusion of plaintiff's testimony the defendants moved for a nonsuit upon the ground that it affirmatively appeared that the actions were barred by the provisions of Subdivision 2 of Sec- tion 42 of the First Division of the Compiled Statutes, as amended by Section 1 of the Act of the Third legislative assem- bly, approved March 10, 1893 (Laws 1893, p. 50), which mo- tion was sustained by the court,, and judgment in favor of the defendants entered accordingly. From that judgment the plain- tiff prosecutes this appeal. Xo question having been raised touching the authority of plaintiff to bring lliese actions in the name of the board of county commissioners, its capacity to sue is assumed for the purposes of this appeal. In addition .o the material averments of the complaint, it is further alleged, relative to the property on account of which the taxes sued for were assessed, that it 'Svas at all times Avhile within said county situate upon the Crow Indian reservation, and that after raid tax was assessed and levied and became de- linquent the treasurer of said county plaintiff frequently at- tempted to go iipon said reservation to collect said tax, and was at all times before the removal of said property from the said county hindered and prevented from so entering upon said reservation and collecting said tax by distraint of said property by the United States Indian agent and by the United States authorities in diargc of said reservation, and by the injunction orders in said matter made and issued by the United States circuit court of thv^ Kinth circuit in and for the district of Montana, and was by the action of said federal authorities and said federal court vholly prevented from seizing and distrain- ing the property of defendants." A caref\il examination of the testimony had at the trial fails to disclose any proof offered in sup|X)rt of ihis contention. Whether these averments were incorporated in the pleadings for the purpose of taking the causes out of the operation of the statute of limitations it is needless to speculate, or what effect the alleged hindrance, if 520 Board of Co. Com'ks v. Story. [Mar,T/02 established, would have upon the statute, is unnecessary to de- termine. The sole question presented by this appeal is whether the statute of limitations runs against the state, or a subdivision thereof, in an action to recover a judgment for an unpaid tax claim, — whether said Subdivision 2 of Section 42, as amended, contravenes the provisions of Section 39, Article V, of the Constitution. The statutory an 1 constitutional provisions which have appli- cation to and ?uust determine the question under consideration are as follows: Section 28, First Division, Compiled Statutes of 1887: '^Civil notions can onlv be commenced within the jieriods prescril)ed in this title after the cause of action shall have accrued, excei)t where, in special cases, a different limi- tation is prescribed by statute." Section 42, Id,, as amended: '^An action upon a liability created by a statute, other than a penalty or a forfeiture, shall be commenced within two years." Section 49, Id,: **The limitations prescribed in this act shall apply to actions brought in the name of the territory, or for t-he benefit of the territory, in the same manner as to actions brought by private partita." The section last quoted, as carried into Section 520, Code of Civil Procedure, reads: '*The limi- tations prescribed in this chapter apply to actions brought in the name of the state, or for the benefit of the state, in the same manner as to actions by private parties." Section 39, Article V, of the Constitution : ''Xo obligation or liability of any per- son, association or coriK)ration held or owned by the statej or any municipal corporation therein, shall ever be exchanged, transferred, remitted, released or iX)stponed or in any way diminished by the legislative assembly; nor shall such liability or obligation be extinguished except by the payment thereof into the proper treasury." Legislative intent is manifest from the language of Section 49, supra, that the statute should oj^erate with equal force against an action by the state, or for the use and benefit of the state, as against a juivate individual. If demands of the char- acter of tliose m suit are "liabilities created bv statute," and 26 Mont.] IJoARD OF Co. Com'rs v. Story. 521 the sections of the statute above qiiote<l are not repugnant to the provisions of the. constitution, it logically follows that the lower court properly held that appellant's right to proceed by action was barred. Is the obligation to pay a tax demand levied and assessed by the i)roj)er authorities, and in accordance with legislative direc- tion, a ^'liability created by statute" ? That it is such a liability is well sui)ix)rtv?d bv reason, and is, almost without exception, the view adoptod by courts of last resort. The state, as an incident of its sovereignty, possesses the jx>wer to impose upon persons and c*states within its juriodiction their just and pro- }X)rtionate share of the expenses and burdens of maintaining its existence and effecting its objects, limited only in the exer- icse of this power by constitutional restrictions. This power to tax is strictly legislative, and its exercise must ensue from the mandate of the law-making branch of the government in the establishment of fixed and general rules insuring, as near as nii\y Ik*, exact impartiality and equality in the distribution of the common burden. The process by which this exaction from the individual or the estate is accomplished is the product of statutory enactment. The duty imjwsed is characterized and defined by and dependent upon the legislative will, and is a liability created by statute. Some of the numerous decisions adopting this ?onstruction are Bristol v. Washitujton County, 177 1^ S. 147, 20 Sup. Ct. 585, 44 T>. Ed. 701; State v. Min- iiifj Co., 14 Xev. 22G; City and County of San Francisco v. Joucs (('. C), 20 Fed. ISS; San Franz-isco v. Liming, 73 Cal. GIO, 15 Pac. 311: County of Redwood v. Winona & St. P. Land Co., 40 Minn. 515, 42 X. W. 473; Pine County v. Lam- bert, 57 Minn. 203, 58 X. W. 090; 10 Am. & Eng. Enc. Law, (2d Ed) p. 282, and cases cited; Cooley on Taxation, 435. A demand for taxes being a liability created by statute, the next inquiry is, do the provisions of said Subdivision 2 of Sec- tion 42, as amended, and Section 40, conflict with Section 39, Article V, of the Oonstitution ? This question must be an- swered in the ,iegative. The inhibitory words of the constitu- 522 Board of Co. Com'rs v. Story. [Mar.T/02 tion are that no obligation or liability in favor of the state shall be "exchanged/' "transferred," "remitted," "released," "post- poned," "diminished," "extinguished." That the terms "ex- changed" and "transferred" can have no application to the sub- ject herein must be conceded ; nor does the statute "postpone," or suspend for a time, the remedy for the enforcement of pay- ment, giving a icmporarv' respite to the debtor, to be followed ]>y a revival of the right to collect from him ; nor can a dimi- nution follow from the statute canceling a part of the debt and leaving in force a part. If there is any conflict in the statute, it must be found in the remaining words "remitted," "re- leased," "extinguished," and which, for the purposes of this case, may lye considered as convertible terms prohibiting a can- cellation of obligations of the class embraced in the constitu- tion. The statute relied on by the defendants, which limits tlie right to sue within two years after the maturity of tlie demand, does not operate to remit, release, or extinguish the obligation. With respect to personal actions for the recovery of debt, stat- utes of limitation are not statutes of release or liquidation ; they affect the remedy, and not the right. {GuUerman v. Vi'ishon, 21 Mont. 4G1, 54 Pac. 566; Cooley, Const. Lim. p. 447; 19 Am. & Eng. Eric. Law (2d Ed), p. 147, and cases cited.) While plaintiff's light to proceed by action is lost by delay, the debt is not extinguished, and the officers authorized so to do may pursue the other remedies provided by law and enforce collection. The laws of this state provide a summary method of seizure and sale of personal property and sale of realty for enforcing payment cf taxes, and also authorize the bringing of a common-law a cation for the recovery of a personal judgment against the delinquent taxpayer. jS^either of these remedies is dependent on the otier for its existence or efficiency. The pro- ceeding bv action is a remedy in addition onlv to the others named ; but for the statute creatinor it, the romedv would not exist. The lawmaking power, having authority to prescribe or withhold altogether a particular remedy, may, in its enact- ment, invest it with such restrictions as will, in its judgment, 26 Mont.] Board of Co. Comers v. Story. 523 best subserve the public good. Were there no statute authoriz- ing the bringing of an action to collect a tax debt, and the 1^- islature, in its wisdom, deemed it expedient to make provision for such a remedy, could it be reasonably contended that in the enactment of such a law the constitutional provision relied on by the plaintiff would stand in the way of a proviso that the action should be brought within a specified time, else the right to sue be denied? Or would the power of the legislature be questioned to repeal altogether the existing right to proceed by action, leaving the remedies of distraint and sale to be pursued by the collecting officers ? The ix)wer to ?ue for delinquent taxes existed at the adoption of the constitution, authority therefor being found in Section 9 of the Act of the Sixtoentli legislative assembly of tlio terri- tory, approved Afarch 14, 1889, p. 225, and likewise, at the same time, the statute limiting the jx^riod within which such actions might be brought was in force. If it had been the in- tention of the framers of the constitution to exempt the state from the operation of statutes of limitations, it would have been an easy matter toi incorporate a clauoc to- that effect in the instru- ment. More than two years having elai:>sed between the maturity of each of the claims sued on and the commencement of the actions, the lower court properly sustained the motion of the defendants for n nonsuit. The judgment is therefore affirmed. Affirmed. Mr. Chief Justice Brantly : I concur. Mr. Justice Pigott: I concur. Mr. Justice Milburx, having been of counsel in other un- determined causes presenting the same question here involved, does not parti?ij>ate in the foregoing opinion. 524 Ojiowex r. Phelps et ai*. [Mar.T/02 CHOWEX, Appellant, r. PHELPS et al.. Respondents. 26 524 34 274 34 275 (No. 1,445.) (Submitted April 16, lOUl!. Decided May 26, 1002.) Money Had atul Eeceived — Tinists — lAmitaiioiis — Fraud and Mistake — Express Trusts — Manner of Creation — Suit to Enforce — Com pi a in t — Costs. 1. I'laintiff's SOD, VI bo owned a part interest in common in certain real estate, conveyed bis Interest to D., wbo was also a part owner, under an oral agreement L-ctween the owners that it should be held and sold by D. as trustee. Thereafter the son sold and conveyed his Interest to plain- tiff, who conveyed to D. under a similar trust arranged with Mm, and he thereafter L'onveyed the land to defendant C, who was a part owner, in trust to be held and sold for the benefit of the owners. The latter sold the property and paid the proceeds to defendant P., who was also a purt owner ; the plaintiff having no Icnowledge thereof till within three years of the c ummencement of an action to require defendants to ac- count, though the land was sold prior to such time. Defendants had no knowledge tbnt plaintiff had an interest in the land, and there was no evidence showing a trust relation between plaintiff and defendants, or a concealment of the facts by defendants. Held, that the action was for money had and received, barred within three years, under Code of Civil l*rocedure, Sec. 514, fixing a three-year limitation for actions on con- tract, account, promise, obligation, or liability, and tnat there was no fraud or mistake, within tlie meaning of Act of March 0, 1893, providing that limitations shall not run against actions founded on fraud or mlstalLe till the fraud or mistake is discovered ; the defendants owing no duty to plaintiff to notify her of the transaction. 2. A purchaser of real estate is not chargeable with record notice of a con- veyance by the person from whom his vendor had acquired title by a quitclaim deed executed after the execution of the latter deed. 3. A purchaser of leal estate is not chargeable with notice of a trust agree- ment affecting the land, between his vendor and a person to whom the land had been conveyed by the person selling to the vendor, made after the conveyance to the latter. 4. An express trust in land can only be created by a conveyance in writing, which is accepted by the grantee, showing the purpose for which the grantee holds the property. C. A complaint in an action to enforce an express trust in land mus€ allege a conveyance in writing, accepted by the grantee, which shows the purpose for which the ferr.ntee holds the property. 6. Where plaintiff Is entitled to a portion of the proceeds of land sold by the owner of the legal title, no demand is necessary before suit, in order to entitle plaintiff to costs, even though no trust relation exists between the parties. Ap})eal from District Court, Cascade County; J, B. Leslie, Judge. 26 Mont.] CiiowEN v. Phelps et al. 525 Action by Susan/ E. Chowen against Louis G. Phelps and Timothy E. Collins. From a judgment of nonsuit, plaintiff appeals. AflSrmed. Mr. F. A. Meii-ill, and Mr. Raiisoni Cooper, for Appellant. The statute of frauds cannot be invoked in: tliis case because of the very familiar rule that the statute is only intended to prevent frauds, and the party intending to claim the benefit of the statute must deny the transaction or contract and cannot admit it and then claim that it was void because not in writing. In this case the defendants in their answers admit the creation of the tnist by alleging that they and Dickennan and H. O. Chowen, on the 5tli day of July, 1893, and prior thereto, were o\ATiers of the land, but that the legal title was held by Dicker- man, and that Herbert O. Chowen conveyed to plaintiff. Under the facts in this case a trust arose, or was created, 'by operation of law. Such a trust need not be created or declared by any instrument in writing and may be proved by parol evidence. (Sec. 218, Fifth Div. Compiled Statutes of 1887; Sec. 1311, Civil Code; Lewis v. Lvndley, 19 Mont. 422; Mviler v. Buyck, 12 Mont 369.) Phelps became a trustee for plaintiff to the extent to which he received her share of the trust fund. (Sees. 2952, 2958, 2959, 2990, Civil Code.) The defendants' im; proper interference with and disposition of plaintiff's share of the trust fund was a fraud as to her. (Sec. 2976, Civil Code; 36 Lawyers' Reports, Annotated, 84.) Plaintiff's action is an action for relief on the ground of fraud, and is not provided for in Section 514, but is provided for in Section 513. The court cannot ignore the fact that al- though the l^slature has in Section 514 provided a period for bringing actions on an obligation or liability not founded on an instrument in writing, it has also elsewhere expressly provided a different period for bringing action for relief on the ground of fraud. It must be assumed that the legislature meant something by this, and that in the latter case Section 514 was not intended to apply, whether the defendants' obliga- 526 CiiowEN V. Phelps et al. [Mar.T/02 tion or liability is or is not founded on an instrument in writ- ing. I 41 The statute of limitations has not been properly pleaded. The defense of tlie Sftatute of limitations is a personal privil^e and must be taken advantage of by demurrer or answer, other- wise it is deemed to be waived. {Kelly v. KriesSy 68 Cal. 210 ; Bea{ja?it. v. Justices' Court, 75 Cal. 253 ; and see Sees. 558 and 749, Code of Civil Procedure.) The only attempt by the de- fendants to plead the statutes of limitations was by reference to Subdivision 1 of Section 514 of the Code of Civil Proced- ure. The cause of action in this case does not come within the provisions of that subdivision or section, but is provided for elsewhere, and so defendants cannot have the benefit of any statute of limitation not pleaded by them. {Stewart v. Budd, 7 Mont 573 ; Manning v. Dallas, 73 Cal. 420.) If the defend- ants had properly pleaded the statute of limitations it would then have been necessary for them to establish the facts show- ing that the plaintiff's cause of action was barred by the statute. The action being an action for relief on the ground of fraud, the statute \\x)uld not commence to run until the discovery by plaintiff of the facts constituting the fraud. It is immaterial in this case whether the action is legal or equitable, for even in jurisdictions where the distinction be- tween legal and equitable actions is maintained, the rule is that in an action at law to recover money it is competent to show by oral evidence that the money is a trust fund, and in such case the action is of an equitable character and the rules of equity regarding the admission of evidence should prevail. {Mincliin v. MivrMn, 32 N. E. K<:p., 165 Mass.) The defendants in this case having appeared and answered, tlio plaintiff is entitled to any relief to which she has shown herself entitled regardless of her prayer. Messrs. Clai/berg & Gunn, and Mr. W. W. Phelps, for Respondents. 26 Mont] Chowen v. Phelps bt al. 527 MK. JUSTICE MILBURN delivered the opinion of the court Plaintiff sued the defendants to recover the sum of $5,625 and interest "from the month of April, 1895." The court, on motion of defendants, entered an order of nonsuit Plaintiff appeals from tlio judgment of dismissal, which gave defendants their costs. On March 22, 1898, the plaintiff commenced suit by filing her complaint, wherein she allied that on and prior to August 7, 1893, she was the owner of an undivided one-fourth interest in certain real estate in Great Falls, Montana; that her co- owners were the defendants and A. E. Dickerman, each o^vning a part equal to hers : that, while these four persons owned the property, they lautually agreed to convey the same "to the de- fendant Collins in trust, to be kept and held by him for them, and to be conveyed by him for the equal and mutual use and benefit of the plaintiff and her said ooK>wners to such persons and on such terms as she and they should thereafter agree upon, and that the plaintiff should have and be paid out of the pro- ceeds of any sale of said lands * * * one-quarter of the sum for which said lands should be sold ;" that in pursuance of said agreement the lands were by proper deeds of conveyance conveyed to the defendant Collins in trust for the uses and pur- poses agreed upon; that on January 15, 1894, a certain part of said real estate was, without the knowledge or consent of the plaintiff, sold and conveyed to the city of Great Falls for the simi of $22,500, the warrants in payment being drawn' there- upon payable to thu defendant Collins; that on January 17, 1894, the defendants caused the money payable on said war- rants to be paid to defendant Phelps; that Phelps knew then of the interest of plaintiff in the funds and her alleged right to share therein; that until April, 1895, the plaintiff had no knowledge that any of said sum had been received by Phelps; that frequently since April, 1895, she demanded of Phelps and Collins that they, and each of them, account to her for and pay 528 CiiowEN r. Phelps et at,, [Mar.T/02 her share to her out of tlie proceeds of the sale; and that each at all times refuse^l, and still refuses, to pay her any part of the monev. By answers duly filed the defendants denied that there was any agreement or understanding whatever between the defend- ants, or either of them, and the plaintiff; admitted that the land was sold for the sum named, but denied that the money was paid to the defendant Phelps with any knowledge whatever on his part as to any interest whatever in the property or the proceeds, as allied by plaintiff; admitted that the plaintiff had not received any of the said money; averred that on and prior to July 5, 1893, Herbert O. Chowen, who is the son of plaintiff, one A. E. Dickerman, defendant Collins, and defend- ant Phelps each o^vn©d a onje-fourth interest in the whole prop- erty ; and say that on December 16, 1891, Dickerman, who then held the legal title, mortgaged the said property to secure a note for $16,000, the not^ being for money borrowed for the use of the four persons last above named, and being signed by Dicker- man and indorsed by the three others ; that after the execution of the mortgage, which was not recorded, said Herbert O. Chowen executed and delivered to the plaintiff a certain quit- claim deed for said premises; that prior to the date of this quitclaim deed, and prior to the making of the mortgage, said Herbert O. Chowen conveyed all his interest in the premises by quitclaim deed to said Dickerman ; that no consideration was paid by plaintiff to Herbert O. Chowen for the transfer to her ; that at the time of the execution of the quitclaim deed to the plaintiff she knew of the mortgage; that all the proceeds of said sale were necessary to pay, and were paid, to settle mortgage and expenses of sale ; that they did not have any knowledge at the time of the sale or of the disbursing of the money that plaintiff claimed any interest in the property; and tliat the money was paid out by Collins. The cause w'as tiied to a jury. The following deeds were introduced : A quitclaim deed, dated December 10, 1891, from Herbert O. Chowen and wife to said Dickerman, consideration i 26 Mont] Chowen v. Phelps bt ax.. 529 $1, conveying their interest in all of the property mentioned ; a quitclaim deed, dated July 5, 1893, from Herbert O. Chowen and wife to plaintiff, consideration $7,500, conveying all their interest in the said property; and a quitclaim deed, dated August 7, 1893, from plaintiff to Dickerman, consideration $1, for said property. Dickerman testified to an oral agreement with Herbert O. Chowen, Phelps, and Collins, by which he (Dickerman) was to hold the land as trustee and sell it He conveyed to Collins for the same purpose. When he conveyed to Collins, he (Dick- erman) knew of the interest of plaintiff. To the best of his recollection, witness had no talk with, defendants in r^ard to her interest prior to the sale. Herbert O. Chowen testified to the same effect as to the agreement made orally. He notified the plaintiff of the agree- ment He sold all his interest to her. Plaintiff testified that there was no agreement in writing with Dickerman as to how the land was to be disposed of by him; she never got any part of the proceeds of the sale; she could not tell when she first learned of the sale, or when the money was paid ; she learned from a letter from Phelps what disposi- tion had been »nade of the money ; she did not give the date of the letter, or when she received it; she knew, late in the sum- mer of 1893, that they were talking of selling the land for a park; and she noticed in the papers, in the fall of 1893, that the property had been sold or was to be sold. The letter was received in answer to one written by her to Phelps. Herbert O. Chowen also testified that before the commence- ment of this action he, as attorney in fact for the plaintiff, demanded her share of the proceeds of the sale. Several times they refused to jjay or account as requested, until plaintiff wrote to Phelps^ and then he ansA\^red. Plaintiff resting, the defendants moved the court for a non- suit upon the following grounds: "That it is alleged in the complaint that 'oni or about the 17th day of January, 1894, the defendants Phelps and Collins, without the Vol. XXVI-84 530 Ohowen v. Phelps et al. [Mar.T.'02 knowledge or consent of the plaintiff, caused and pro- cured the $22,500 payable on said warrants ta be paid to the defendant Phelps in payment of said warrants and as payment by said city for said lands, and said sum was on said day so paid to and received by said Phelps at his instance and re- quest;' and it further appearing that this action was not com- menced until March 22,\&98, or more than three years after the alleged receipt and collection of this money and the cause of action had accrued, the cause of action is barred by Subdi- vision 1 of Section 514 of the Ck)de of Civil Procedure of Mon- tana. * * *" The motion was sustained by the court The questions which present themselves in this case are diflS- cult They are not all discussed in the briefs of counsel. The authorities conflict with each other, and the courts of several states conflict with themselves. There was no evidence whatevQj* that there was any trust relation between the plaintiff and the defendants. There was nothing proven, or attempted to be proven, tending to show that either of the two defendants knew of the plaintiff having any interest in the property or the proceeds of the sale thereof. The evidence shows that after Herbert O. Chowen conveyed his interest to Dickerman, he (Chowen) made a quitclaim deed to plaintiff, and plaintiff made a quitclaim deed to Dickerman, and that thereafter Dickerman conveyed by quitclaim deed to Collins. Collins was not in reason or law expected or required to ex- amine the public record of deeds to see what, if anything, Her- bert O. Chowen had done in regard to the property after he had conveyed all his legal title to Dickerman, who thereafter con- veyed all of the property to Collins. He (Collins) was not charged with knowledge of the quitclaim deed to plaintiff, or of the quitclaim deed from plaintiff to Dickerman. Neither he nor Phelps, without any knowl- edge of an interest in plaintiff, was charged with any duty to notify plaintiff. She had ample means^ as appears from the evidence, to learn the situation. Her right 2C Mont] CiiowEN v. Phelps bt al. 531 of taction agaiast the defendants, if she had any, commenced from the time that they, or either of them, collected the money. Even if Collins coold be charged with constructive, or with any, knowledge of the deed from plaintiff to Dickerman, he certainly was not charged, because of said deed, with any knowledge of any cral contract between Dickerman and the plaintiff. There was no breach of duty to her. She had a duty to herself to porforni, and that was to notify the defendants of her rights, if any she had, and to demand her share of the pro- ceeds, if she had a right to them. The money was money had and received for the o\vners. It was received in January, 1894. "This suit was commenced in March, 1898. It is contended that this is a case of fraud and mistake, if anything, and ihat it would fall under Act of March 9, 1893, amending Section 42 of the Code of Civil Procedure (Com- piled Statutes), and com tinned in operation under Section 5180 of the Political Code, and that it could not fall under Section 514 of the Code of Civil Procedure of 1895, as stated in the motion for a nonsuit. We do not think that the Act of 1893 applies. It does not seem to be "an action for relief on the ground of fraud and mistake," in which, case the "cause of action * ^ * is not deemed to have accrued until the dis- covery by the aggrieved party of the facts constituting fraud or mistake." It is apparent from the complaint that the plain- tiff ratified the sale of the part of the lands sold, and that she simply is demanding money had and received, as she alleges, for her use. According to the all^ations of the complaint, including the ratification, the defendant Collins was lawfully in possession of the money ; but it does not appear that he held it under an express trust To create an, express trust, there must be a conveyance in writing showing the purpose for which the grantee holds the proiperty, and there must be an accept- ance by him. A complaint declaring upon an express trust must show both. "Except in those cases in which the agent stands in the position of a trustee under an express trust, or has been guilty of actual fraud in concealing his liability to his 532 CiiowEN V. Phelps bt^O^ [Mar.T.'02 principal, there is ad good reason," says Mr. Wood, m his wk on Statutes of Limitations (volume 1, p. 348), "why the statate of limitations should not commence to run in his favor airer the lapse of a reasonable time in which to give notace to his principal." In the case set up in the complaint there is no express trust alleged. There is no concealment stated ifte action as stated m the complaint is one in assmnvsii. if the al- legations of the complaint were true, then the duty of the o^ fendants, if they got the money, was to. pay her share to tne plaintiff. Failure in -such duty was a breach, such as would give an immediate right of action without necessity of demanfl- Is this a case in vhich demand is necessary before suit, thus to save costs to the debtor? We think not If the debtor fail in his duly, he cannot complain because demand is not made before suit, with attendant costs, is commenced. If it be on« s duty, within a reasonable time after its receipt, to pay over money belonging to another, then the debtor cannot at the same time have the privilege or right to wait for demand. Duty to do at once a certain thing, and privilege to wait for a demand before doing, cannot coexist in the same person. The n^t o action accrues vhen the duty commences, unless, perhaps, the person owing the duty conceal from the beneficiary the hap- pening of the very thing upon the happening of which the nght of action would accrue As we have said, no concealment is alleged in the complaint in this casa Thus we have, under the pleadings, evidence, and bnefs, only the question submitted, to-wit: If the statute of limita- tions run in such a case, is it that part of the Act of 1893, supra (similar to Subsection 4, Sectiom 513, CJode of Civil Procedure), or Subsection 1, Section 514 of the CJbde of Civil Procedure ? The latter was relied upon in the motion for non- suit and in the answers. The former is declared by the plain- tiff to be the only section to be invdced, if any. We believe that Subsection 1 of Section 614 of the Code of Civil Pro- cedure applies. There was not anything in the evidence to show any nnder- 26 Mont.] Bordeaux v. Bordeaux. 533 standing or agraement between plaintiff and defendants. There was not anything alleged or proven showing any concealment on the part of the defendants, or either of them. The answer properly pleaded the statute of limitations, and it was apparent from the case as made by plaintiff that the plea was good, and the cause was properly dismissecl on motion for nonsuit. Affirmed. Mr. Chief Justice Brantly: I concur. Mr. Justice Pigott: Although I do not agree witli all that is said in the foregoing opinion, I concur in the judgment of affirmance. BORDEAUX, Respondent, v, BORDEAUX, Appellant. 26 683 fa6 688 (No. 1.787.) fgB 540 26 tun e27 1181 (Submitted April 21, 1902. Decided June 2, 1902.) 28 6881 29 4881 Divorce — Temporary Alimony — Suit Money — Fairer to Grant — Jui^i^diction of Supreme Court. The Supreme Court is without power, either loherent or coDBtitutlonally conferred, to al- low temporary alimony or suit money pending an appeal In a divorce case. After an appeal is taken the action Is still in the District Court, the primary forum. Al- lowance of suit money or temporary alimony is not within the original Jurisdiction of the Supreme (>)urt, nor is it necessary or proper to the complete exercise of appellate Jurisdiction. Appeal from- District Court, Silver Bote County; William Clancy, Judge. • Divorce suit by John R. Bordeaux against Ella F. Bor- deaux. A decree was rendered for plaintiif, and a new trial denied, and defendant appealed. Original application bv do- 534 Bordeaux v. Bobdsaux. [Mar.T.'02 fendant for an allowance of temporary alimony and suit money. Application denied. Messrs, McHattoti & Cotter, for Appellant Messrs. Stapleton & Siapleton, and Mr, B. S, Thresher, for Eespon/dent MR. JUSTICE PIGOTT delivered the opinion of the court. Judgment of divorce was entered in favor of the plaintiff for an offense coraniitted by the defendant. From the judg- ment and an order refusing her motion for a new trial the de- fendant has appealed. She now applies to this court for an order requiring the respondent to pay to her the sum of $5,000 as a reasonable Tee for the services of her counsel rendered and to bo rendered on the appeals, and to pay also the costs of the transcript, of her appearance fee in this court, and of printing her brief for this court; and also requiring the respondent to pay for her support and maintenance pending the appeals a sum in excess of the amount allowed by the district court The power of this court lo grant the order prayed for is challenged by the respondent. Bv virtue of Section 11 of Article VIII of the Constitution of Montana, didtricl courts have original jurisdiction' of ac- tions for divorce. While such an action is pending, the dis- trict court or its jiidgo may, as is provided in Section 191 of the Civil Code, in its or his discretion require the husband to pay alimony and suit money ; and the "action is deemed to be ponding from the time of its commencement imtil its final determination npon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied." (Section 18Q5, Code of Civil Procedure.) Whether the district court or jydge has power, pending ap- peal, to require the husband to pay to the wife money neces- sary to prosecute or defend against an appeal in a divorce case is a question reserved as imnecessary to be decided. As to the 36 Mont.] BoBDEAux v. Bobdeaux. 535 conclusion 6n this point reached in Beilly v. ReUly, 60 Cali- fornia Eeports, 62 5^ we express no opinion. Suffice it to say that this application sedcs to invoke the exercise of original jurisdiction^ and that the constitutian has not^ either expressly or by implication, conferred upon the supreooie court original jurisdiction in actions for divorce. The source of our jurisr diction is found in Sections 2 and 3 of Article VIII of that instrum^ent, an.d in neither is there authority for the relief sought by the applicant To the complete exercise of appellate jurisdiction this court is empowered to issue and to hear and determine such "original and remedial writs as may be neoee- sary or proper. '^ Complete exercise of appellate jurisdiction in the case at bar does not demand such a wirit^ nor in* any wise depend upon Its issuance; nor does the appellant ask for it. We remark, also, that Section 1730 of the Code of Civil Pro- cedure^ providing that whenever an appeal is perfected "it stays all further proceedings in the court below upon the judg- ment or order appealed froniy or upon the matters embraced therein, * * * but the court below may proceed upon any other matter embraced in the action and not affected by the order appealed from," does not grant to this court the power which the appellant asks to be exercised. Nor is the order prayed for one falling within the general and inherent powers of this court Many decisions are pro- duced which are as&erted by counsel to uphold the position of the appellant Some of the cases are directly in point, and fully support the contention. Of thesei, Lake v. Lake^ 16 Ne- vada Eeports, 363, and Id., 17 Nevada Reportsi, 230 (30 Pac 878), is the strongest Other cas^, owing to the difference be- tween the law of and the practice prevailing in liie states where they were decided and the law and practice in this state, are of no value. Neither the courts which administered justice ac- cording to the course and practice of the common law, nor courts of chancery, were clothed with jurifidiction of divorce causes. In the ecclesiastical courts, and in them only, resided the power to declare judicial dissolution of the bonds of matrimony. In 536 Bordeaux v, Bordeaux. [Mar.T.'02 the absence of tribunals of the kind last mentioned, the states of the Union have, with few exceptions, lodged with their courts of equity jurisdiction over such causes. In Montana an. action of divorce is a suit in equity. According to the equity practice, an appeal removed the whole case-;-all questions of law and of fact — to the higher court, where it was tried anew upon the depositions presented to the chancellor a quo, or upon such depositions and further evidence reduced to writing, and a decree entered upoTi the merits. During the pendency of the appeal the suit so transferred was in the higher court, and hence it might, in general, make such orders as the court or chancellor of first instance could have mada Such, as we un- derstand, is the procedure still in vogue in certain of the states. In Montana, ^lowever, the contrary practice prevails. The action — ^the entire rase — ^is n^ot transferred by appeal. Ques- tions otf law only are presented on appeal, even where the relief sought is equitable in character. The action it^jelf is still pend- ing in the lower court. On an appeal only questions of law are tried; neither the mere weight of evidence in substantial conflict nor the credibility of the witnesses is reexamined, nor is evidence adduced. Except in so far as affected by the appeal, the cause remains in the district court, the primary forum. The supreme court may affirm, reverse, or modify the judgment or order appealed from, and direct the proper judgment or order to be entered, or direct a new trial or further proceedings to be had (Section 21, Code of Civil Procedure), but the judgment of the supreme court affects only the judgment or order of the lo^vier court, and must be certified to the court from which the appeal was taken and in which the action is pending. This is manifest from an examination of the organic law and the stat- utes. Express j^ecognition of it is found in Section 1730, supra. This distinction has been often overlooked, as appears from many of the opinions read in support of the present proceed- ing. The application is dismissed for want of jurisdiction to entertain it. Dismissed, CASES DETERMINED IN THE SUPREME COURT AT THE JUNE TERM, 1902. present: The Hon. Theo. Bbantly, Chief Justice. The Hon. William T. Pigott, ^ V Associate Justices. The Hon. Geobge R. Milburn, ) BORDEAUX, Appfxlant, v. BORDEAUX, Respondent. (No. 1,770.) (Submitted April 21, 1902. Decided June 5, 1902.) For syllabuB, see Bordeaux y. Bordeaux, ante^ page 688. Appeal from District Courts Silver Bow County; WUlia/m Clancy, Judge. Divorce suit by John R. Bordeaux against Ellen, F. Bor- deaux. A decree was entered for plaintiff, from which def end- (637) 538 BOBDEAITX 17. BoBDEAUX. [JuDO T.'02 ant appealed, and made applicadon tso the trial oonrt for an allowance for suit monej, which was allowed, and plaintiff appeals. Original application by defendant for suit money. Application denied. Messrs. Stapletoii £ Stapleton, and Mr. B. S. Thresher, for Appellant Messrs. McHalton dk Cotter, for Bespondent MR JUSTICE PIGOTT delivered the opinion of the court After the entry of judgment of divorce in favor of the plain- tiff, and the entry of an order refusing the defendant a new trial, the defendant moved the court below for an order direct- ing the plaintiff to pay into the hands of its derk a certain sum for services of her counsel rendered in the causey and rendered and to be rendered by them upon the appeals, and requiring the plaintiff to pay for her use the cost of transcribing the testi- mony. On November 9, 1901, the court below granted in part the order prayed for. Instead of complying with it the plain- tiff has appealed to the supreme court therefrom, and has filed an undertaking ^hich operates as a supersedeas. This appeal ia now pending here The respondent asks this court to re- quire the appellant to pay to her, or into court for her use, a reasonable sum for her counsel fees on the appeal taken by the plaintiff, the costs of her appearance fee in this court, and of printing her brief for this court The question presented is the same as the one raised and answered in cause Na 1,787, Bordecmx, v. Bordeaux, 26 Mon-' tana Reports, 633, 69 Pacific Eeporter, 103, where we held that the supreme court is without jurisdiction to grant alimony or suit money pending appeal For want of power to make the order prayed for, the appli- cation is dismissed. Dismissed. 26 Mont.] Bordeaux r. Bordeaux. 539 BORDEAUX, Respondent, v. BORDEAUX, Appellant. ^ m (No. 1,806.) (Submitted April 21, 1002. Decided June 5, 1902.) For 'syllabus, see Bordtavx v. Bordtaux^ ante, page 658. Appeal from District Court, Silver Bow County; William Clancy, Jvdge. Divorce suit by John R. Bordeaux against Ella F. Bor- deaux. A decree v/as rendered for plaintiff, and a new trial denied, and defendant appealed. Original application by de- fendant for an allowance of temporary alimony and suit money. Application denied. Messrs. McHatton & Cotter, for Appellant. Messrs. Stapletorb & Stapleton, and Mr. B. S. Thresher, for Hespondent MR. JUSTICE PIGOTT delivered the opinion of the court. On tlie third day of January, 1902, the defendant appealed from an order of the district court entered Ifovember 9, 1901, requiring the plaintiff, who had recovered a judgment of di- vorce against the defendant, toi pay to her certain sums of money for counsel fees and expenses on appeals taken by her to the supreme court from the judgment and order denying her motion for a new trial. From the order of November 9, 1901, the plaintiff also appealed. The defendant prays this court to require the plaintiil to pay to her, or into court for her use, a. reasonable sum for the services of counsel on her appeal, another sum for the cost of preparing and printing her tran- script oiQ appeal, and a further sum for her appearance fee therein. 540 Stvte ex kel. Moshxeb v, Wbight- [June T. '02 Upon the autiioritj of the two cases of Bordeaux v. Bor- dcaiix, 26 Montana Reports, 533, 537, 69 Pacific Eeporter, !():>, 1130, the application is dismissed for the reason that this court is without jurisdiction to ^ant it Dismissed. 3f~54n STATE EX REL. MOSHXEB, RESPONDENr, V. WEIGHT. Appellant. (No. 1.427.) (Submitted March 10, 1902. Decided June 9. 1902.) Mandamus — County Cleric — Alias Order of Sale. Mandamus was not Ibe proper remedy to compel the clerk of the district court to Issue an alias order of sale of property under a foreclosure lien, as there was an adequate remedy at law, by motion in the case in the court in which the decree of foreclosure was rendered. Appeal from District Court, Fergus County; Dudley Du Bose, Judge, Mandamus hy the state, on relation of Frank Moshner^ against Edmund Wright^ clerk of the district court of Fergus counts'. From a judgment for relator, defendant appeals. Reversed. Mr, Wm, M, Blackford, Messrs, Stranahan & Stranahanj. and Messrs, Clayherg & Gunn, for Appellant The duty of the clerk toi issue the alias is not clear; nor is it an act which the law specially enjoins upon him, hence the writ of mandate is not the proper remedy. (Code of Civil Procedure, Sees. 2136, 1290, 1961.) That there are other plain, speedy and adequate remedies there can be no doubt. 26 Mont] State ex bel. Moshneb v. Wright. 541 The court has absolute control over its process and may adopt any process which may appear most conformable to the spirit • of the Cod6. (Code of Civil Procedure, Sees. 205, 110 ; Hous- ton V. Williams, 13 Cal. 24 ; Freeman on Executions, Sec 54 ; Clark V. Sawyer, 4S Cal. 133.) The writ of mandate will not lie to compel the ckrk to issue an execution. {Miller v. San- derson, 10 Cal. 490 ; Goodwin v. Glazer, 10 Cal. 333 ; Fulton V. Hanna, 40 Cal. 281; Code of Civil Procedure, Sec. 1214; People V. BartUtt, 40 Cal. 142 ; Southern Cal. Lumber Co. v. Hater Co., 94 Cal. 217; Wigginton v. Markley, 52 Cal. 411; People V. McLane, 62 Cal. 616 ; State ex rel. Sloman v. Moores, 29 Neb. 122; Pickell v. Owen, 66 lowa^ 485.) Mandamus does not lie to compel a public officer to do aji act not clearly commanded by law. {Pucket v. White, 22 Texas, 559 ; State V. County Judge, 7 Clarke (Iowa), 425; Commcnivealth v. Pittsburg, 34 Pa, St. 496.) If it is contended thati:he order of sale is now functus officio, and the criticism comes too late because of the sheriff's return, the answer is readj : "The power of courts to set aside or cancel the returns of their officers indorsed on writs of execution is conceded." , (Freeman* on Executions, Sec. 361 ; Tuit v. Fidgham, 5 How. Miss. 621 ; ,Holt v. Robinson, 21 Ala. 106 ; Scott V. Allen, 1 Tex. 508; Bryan v. Bridges, 6 Tex. 141; Wiltsie on Mortgage Foreclosure, p. 568; Kelley v. Isi'oel, 11 Paige Ch. 147.) MR. eTUSTICE MILBURN delivered the opinion of the court This is an appeal from an order granting a writ of mandate. A deoree of foreclosure of lienls, and an order of sale under the decree, were, respectively, made and issued in a number of actions which had been consolidated. The order of sale, direct- ing several pieces of property to be sold, was placed in the hands of the sheriff, which officer sold all but one certain piece of property. The order of sale was returned by the sheriff with a certificat^e that all of the property was sold, excepting 542 State ex rel. Moshneb v, Wright. [June T.'02 one piece^ upon which there was a c^*tain lion. About threa years later the relator demanded of the clerk of the district court that an alias order of sale be issue^ out of his office, directing the sheriff to sell the certain piece of property to satisfy the lien upc'U it The clerk refused, and the relator prayed for a writ of mandate to issue out of the district court, diiected to tlie clerk, ordering him to issue the alias order of sale. The clerk deuiurred to the petition for the wnrit. The demurrer was overruled, and, upon his failure to answer, the district court granted the writ, whereupon the clerk appealed. The specification of errors relied upon are: First, that the court erred in overiuling the defendant's demurrer to the pe^ tition for the writ; and, second, that the court erred in grant- ing the writ of mandate. The only question necessary for us to consider is one of practice, towit, is the "writ of mandate the proper remedy? Tliere has not i)een any appearance on the part of the respond- ent in this court The question before us has not been pre- sented in this forum heretofore, but has been considered and decided by otlier courts. We have carefully considered the brief of the appellant, and the authorities which he has cited in support of his contention ; and, besides, we have examined tlio decisions and opinions contra. Had tlie respondent a plain, speedy, and adequate remedy at law, witlioait resorting to a proceeding in inandamtus? We think that he had. He could have gone into the court which made the«decroe, and, by proper motion, prayed for an order in the case upon the clerk of the court, directing him to issue the alias order of sale, without resorting to a proceeding in ^nandamus. {Fulton v. Hanna, 40 Cal. 278.) The case of Garoutte v. Haley, 104 Cal. 497, 38 Pac. 194, is one in which the court concluded that it was the duty of the clerk to issue an execution when requested by the plaintiff, and granted the application for a writ of mandamus. In this case, however," the question of whe+her or not m^ndawAis would lie was not in any wise raised or discussed; it seeming to have been tacitly 26 Mont.] State ex rel. Moshneb v. Wright. S^S- admitted by counsel that, if the judgment were still in force, mandamiLS might issue; and the case cannot be considered as being one in which the court intended to overrule its former holding that mandamus would not lie, as decided in Fulton v. Hanna, supra. Being of the opinion that, as above stated, there was a plain, speedy and adequate remedy by motion in the case in the proper court, mandamus vtslB not the proper remedy. There- fore the contention of the appellant must be, and is, sustained. Reversed and remanded. Reversed and reminded. MEMORANDA. OF DECISIONS RE^NDERED WITHOUT ^^^^^™- IONS DURING THE PERIOD EMBRACED IN THIS VOLUME. No. l,349.-GOFF, Respokdekt, v. DELMOE, Appbi^i^x. Appeal from^Disirict CouH, Silver Bow County. Decided August 26, 1901. Pee CTiBiAM.-Thi3 appeal is dismissed at the coet of the appellant, in accordance xv-ith the stipulation on file Iierein. Messrs. Clintmi cc Lamb, for Appellants. No. 1,713.— FINLEN, Appellant, v. HEINZE bt al.. Respondents. Appeal from District Court, Silver Bow County. Application for an injunction peniding th© appeal. Submitted August 29, 1901. Decided August 29, 1901. Peb Curiam.— It is ordered that all the affidavits filed m this cause, the originals of which are on file in case No. 7,980 (544) Memoranda. 545 of the District Court of Silver Bow County, be and the same are hereby stri3ken from the files, and it is further ordered that the application for an injunctiom pending the appeal be and the same is hereby denied without prejudice. (Mb. Justice Pigott concurs in the order striking out the aiHdavit in support of the motion for a. new trial, but dissents from the order denying the injunction ponding the appeal from the judgment) Order entered Februarys 10, 1902. Peb Cubiam. — irjx>n applicaticwi of tlie appellant this appeal is dismissed without prejudice to another appeal. Me8si*8. Forbis & Evans, and Mr. J. K. MacDonald, for Appellant. Xo. 1,722.— STATE ex bel. REYNOLDS, Eelatob, v. JOHN C. McCLERNAN, JUDGE OF THE SEC- OND JUDICIAL DISTRICT COURT, Respondent. Application for a Writ of Prohibition. Submitted October 1, 1901. Decided October 2, 1901. Peb Cubiam. — ^Relator's application for a writ of prohibi- tioiD is denied. Mr. I. 0. Denny, and Mr, Henry C. Mogue, for Relator. Mr, James Donovan, Attorney General, for Respondent. Vol. XXVI-86 546 Memoranda. Ko. 1,661. — STATE, Respondent/ v. BEALS, Appellant. Appeal from District Courts Yellowstone County. Motion to dismiss appeal. Submitted October 4, 1901. Decided October 4, 1901. Per Curiam. — Respondent's motion to dismiss the appeal herein is granted, for the reason that the appellant has not filed his brief within the time required by Subdivisions 2 and 5 of Rule X of the Rules of this Court Mr, J, B. Herford, and Mr. C. L. Harris, for Appellant Mr. James Donovan, Attorney General, for Respondent Xo. 1,695. —STATE, Respondent, v. PRESCOTT, Appellant. Appeal from District Court, Cascade County. Decided October 7, 1901. Per Curiam. — This appeal is dismissed for the reason tiat appellant haa not filed his brief herein, in accordance with Subdivisions 2 jmd 5 of Rule X of the Rules of this Court Mr. William G. Downing, for Appellant Mr. James Donovan, Attorney General, for Reepondeot MCMOSANDA. 547 No. 1,353.— McIVOR, Respondent, v. GRIGG et al.. Appellants. Appeal from District Court, Madison County. Decided October 7, 1901. Per Curiam. — This appeal is dismissed in accordance with the stipulation on file herein. Mr. E. B. Howell, for Appellants. Mr. M. M. Duncan, for Respondent. No. 1,414.— W. A. CLARK & BRO., Respondents, v. GRAND OPERA HOUSE CO., et al.. Defendants. SILAS F. KING, Defendant and Appellant. Appeal from District Court, Silver Bow County. Motion to dismiss appeal. Decided October 9, 1901. Per CirRL^.M. — Upon motion of the appellant this appeal is dismissed at the cost of appellant Mr. J. K. MacDondd, for Appellant 548 Memoranda. No. 1,726.— STATE ex bel. MILES FINLEN, Rei^tob, v. DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT, Defendant. Original application for a writ of supervisory control. Decided October 10, 1901. Per Curiam. — ^Relator's application for a writ of super- visory ocxatrol herein is denied. (Mr. Justice Pigott is of the opinion that the application should be set for hearing, and therefore diss^ite from thia order.) On petition for reliearing. Decided Octiober 22, 1902. Per Curiam. — The petition for a rehearing hurein is de- nied. (Mr. Justice Milburn concurring upon the ground that the pedtioni does not state f aotB sufficiemt] to warrant the issuance of the writ prayed for. Mr. Justice Pigott is of the opinion that the application for a writ of supervisory oontiol should be heard, and therefore dissents from the order denying the motion for a reconsideration.) Messrs. Forbi'S & Evans, Mr. T. J. Walsh, and Mr. J. K. MacDorudd^ for Relator. No. 1,Y30.— STATE ex rel. THOMAS, Relator, v. GREENAN, as COUNTY CLERK OF DEER LODGE COUNTY et al.. Defendants. Original application for an alternative writ of mandate. Decided October 14, 1901. Memoranda. . 549 Pbb Curiam. — Application denied for the reason that the facts are not sufficient to warrant this court to assiune original jurisdiction. Mr. W. H. Tnppet, for Relator. No. 1,674.— CLARK et al.. Respondents, v. GRAND OP- ERA HOUSE CO. ET AL., Appellants. Appeal from District Cowt, Silver Bow County, On the application of J. O. Bender. Decided October 22, 1901. Per Curiam. — The application of J. O. Bender to be made a party defendant and appellant herein, and for a stay of pro- ceedings, is denied. (Mr. Justice Pigott dissents, being in- clined to the opinion that, upon the present showing, the appli- cation should be granted under proper limitatioins and restric- tions.) Rehearing denied N'ovember 5, 1901. On the application of A. Eustis. Decided December 3, 1901. Per Curiam. — The application of A. Eustis^ petitioner, for leave of court to appear and be heard by counsel in this cause, and for an order permitting him to give an undertaking to stay the enforcement of the judgment appealed from, having here- tofore been submitted to, and taken under advisement by, the court: Now, upon due consideration, the court being fully ad- vised in the premises, it is ordered : That the application be, 550 Memoraztda. and the same Is, hereby denied, upon the grou^nd that the peti- tioner does not appear to be a shareholder in appellant Grand Opo^ House CcMnpany, the court deenodng it unnecessary to decide the question of whether or not, if he were shown to be a shareholder, ihe other matters exhibited would entitle the petitioner to the order prayed for, the ground assigned being sufficient for the disposition of the application. J/r. Charles O'Donnell, and Mr. /. L. Wines, for Appellants. Mr. T. J. Wahh, for J. O. Bender. Xo. 1,718. — STATE ex rejl. KIXG et al., Relators, v. WILLIAM CLANCY, JUDGE, Respondent. Application for writ of review. Petition filed September 4, 1901. Writ issued September 4, 1001. Motion to quash filed September 11, 1901. Decided October 23, 1901. Per Curiam. — The motion to quash the writ heretofore issued herein is sustiiined and the proceeding is dismissed upon the ground that llie Avrit was not issued to the proper deU-ndanL Mr. E. N. Hirwoc'd, and Messrs. McBride & McBride, for Relators. Mr. C. P. Drennen, and Messrs. McEatton £ CA'^er^ ^or Respondent. Memoranda. 551 No. 1,725. -HYNES, Respondent, v. BARNES, Appellant. Appeal from District Courtj Granite County. On motion to dismiss appeal. Decided November 5, 1901. Per Curiam. — The motion to dismiss the appeal herein is sustained and the appeal is dismissed without prejudice, for the reason that the notice of appeal is defective. Mr, D. M, DurfeCj and Mr, Joshua Shull, for Appellant. Mr, George .4. May wood, for Respondent No. 1,388.— BRIGHT, Appellant, v. BURKE et al.. Respondents. Appeal from Distinct Court, Fergus County. On motion to dismiss apix?al. Decided November 21, 1001. Per Curiam. — ^Upon motion of the respoaidents this cause is Hiis day dismissed, for failure to file briefs in accordance with Subdivision 6 of Rule X of this court » Mr. William M. Blackford, and Messrs. Stranahan & Stranr aJian, for Appellant Messrs. Cort & Worden, for Respondents. 552 Memoranda. No. 1,740.— HEINZE et ai... Appellants, v. BOSTON & MONTANA CONSOL. C. & S. MINING COM- PANY, Respondent. Appeal from District Court, Silver Bow County. Injunction. Per Curiam. — The application for an injunction pnemding tho appeal is denied. Messi's. Toole & Bach, for Appellants. No. 1,402, 1,403.— LYNCH, Respondent, r. BEOHTEL, Appellant. Appeal from District Court, Silver Bow County, Decided January 2, 1902. Per Curiam. — These appeals are this day dismissed as set- tled, without cost to either par^, in accordance with the stipu- lations filed herein. Mr. John N. Kirh, and Mr, E, N, Harwood, for Appellant. No. 1,566.— NORTHERN PACIFIC RAILWAY COM- PANY, Respondent, v, NEFF, Appellant. Appeal from District Court, Deer Lodge County, On motion to dismiss appeal. Decided January 16, 1902. Memoranda. 553 Per Curiam. — Upon motion of the respondent, the appeal is dismissed iq accordance with the stipulation on file, each party paying lis or its own costs. Mr. Bernard Noon, for Appellant Mr. William Wallace, Jr., for Eespondent. No. 1,748.— THRELKELD, Respondent, v. O'NEAL, Appellant. Appeal from District Court, Deer Lodge County. (For former opinion, see ante, page 209.) On motion to dismiss appeal. Decided January 24, 1902. Per Curiam. — It is ordered and adjudged that the motion to dismiss the appeal be and the same is hereby sustained, and the appeal dismissed. Mr. J. H. Duffy, for Respondent. No. 1,781.— LANGSETH, Appellant, v. PLYMOUTH GOLD MINING COMPANY, Respondent. Appeal from District Court, Lewis & Clarice County. On motion to dismiss appeal. Decided February 24, 1902. Per Curiam, — The motion to dismiss this appeal is hereby sustaioed, and the appeal is dismissed without prejudice. Mr. S. A. Balliet, for Appellant. Xo. 1,783.— il AX TLE, Appellant, v. LARGEV, KeS PON DENT. Appeal from Disliict Court, Silver Bow County. On motion to dismiss apj)eal. Decided Eebi-uary 24, 1902. Pee Curiam. — The motion to dismiss this appeal is hereby sustained and the appeal is dismissed ^vithout prejudicei Messrs. McIIa'toi: £ Cotter, for Appellant No. 1,423— FIRST NATIONAL BANK OF BUTTE, Re- spondekt, t'. ELLINGWOOD et al.. Appellants. t Court, Silver Bow County. •a appeal. 16, 1002. motion to dismiss this appeal is hereby al is dismissed. nard, for Appellants. iiton, for Respondent. Memoranda. 556 No. 1,662.— LA VELL, Appellant, v, BOARD OF COM- MISSIONERS OF SILVER BOW COUNTY, Respondent. Appeal from District Courtj Silver Bow County. On) motion to strike, and to dismiss appeal. Decided Febniarv 28, 1902. Per Curiam. — The motion to strike is sustained in part; and the motion to dismiss the appeal is hereby sustained and the appeal is dismissed for the reason that the certificate is not in conformity with the law. Mr. Justice Pigott dissents froan the order dismissing the appeal. Mr, Raymond. M. Place, for Appellant. Mr, James Donovan, Attorney General, for Respondent. No. 1,663.— SULLIVAN, Appellant, v. BOARD OF COM- MISSIONERS OF SILVER BOW COUNTY, Respondent. Appeal from, District Court, Silver Bow County. Oni motion to strike, and to dismiss appeal. Decided Febniarv 28, 1902. Per Curiam. — The motion to strike is sustained in part; and the motion to dismiss the appeal is hereby sustained and 556 Memoranda. the appeal is dismissed for the reasooi that the ceortifieate is not in conformity with the law. Mr. Justice Pigott dissents from the order dismissing ihe appeal. Mr. Raymond M. Place, for Appellant Mr. James Donovan, Attorney General, for Respondent. No. 1,734.— In re DAY ; WILLIAM PAIGE, Appellant; EDWAED DAY, Respondent. Appeal from, District Court, Silver Bow County. On motion to dismiss appeal. Decided March 7, 1902. Per Curiam. — Upon motion of tlie appellant herein, this appeal is hereby dismissed, each party to pay his own costs, in accordance 7ith the stipulation filed herein. Mr. C. P. Connolly, for Appellant No. 1,447.— BENDER, Respondent, v. GRAND OPERA HOUSE COMPANY, Appellant. No. 1,448.— FORBIS et al.. Respondents, v. GRAND 0PER4 HOUSE COMPANY, Appellant. Appeal from DistHct Court, Silver Bow County. On motion to dismiss appeals. Memoranda. 557 Decided March 12, 1902. Pee Curiam. — Upon motion of Charles O'Donnell, Esquirs^ attorney for the appellant, these appeals are hereby dismissed. Mr. Charles O'Donnell, for Appellant- No. 1,434.— PEIRIE, Respondent, v. KELLOGG et al.. Appellants. Appeal from District Court, Silver Bow County. On motion to dismiss appeal. Decided March 12, 1902. Peb Curla.m. — The motion to dismiss this appeal is hereby sustained, and the appeal is dismissed, for the reason that ap- peUants' briefs '»v©re not filed within the time required by the Rules of this Court Mr. Charles CfDonnellj for Appellants. Messrs. McHaiton & Cotter, for Respondent No. 1,718.— In be SUTTON; STATE ex bel SUTTON, |«|^! Pbtitionbb, v. district COURT OF THE SEC- jgf ^^^ OND JUDICIAL DISTRICT j.^/"^ l^ ET AL.^ Defendants. Habeas curpus. Certiorari. Decided March 13, 1902. Memokanda. em . aud for writ of ,-erliorari „d for writ of .erlicrar, m ..d them,f to fte U,e Second judi.i.l d.-tric. and Wi.Ua^ «';'i^ „d by .he c„„^ .Aen ,u,de, .dvieem.n,, now, »^ ^ .Uon.aa conrt, being advised in U,e pr»«s<^ do.b W .be iudpnen. in »n,»npt of ^^^^f^^^^t^L, Wd. county, Montana, rendered on die 3d day « P j ; j^ and entered on the 4tb day of ^'^'f^'^'^'^.^Z contempt, so far as it d»lar» tl.o potiuoner, hut.«., g» 1« »^ wbollj nnau.borized and void, for U,e reason ^^f^^ ,„ S^,„L on tbe bearing of tl.e suppose. "-^'J"^^, have been committed by tbe I»"«">°<»-. . ^°"^' "1 ^,^^f before this court by the writ of cerl«m,r, m aad »* ^""^ TMea. corpus, docs no. show or tend to p.»ve h." f^'l^^^ of, and .hat no legal cause is d.o,^ for ^.e ■-P"^^"'^" Jd Sutton or tor the said judgnnmt of contempt 'S"^^ or for any par. .he,«.f. It is U.ereforo ordered and ^JU^ tint .he said judgntent of conttmp. be, and Ute same « bcreby annulled as .„ tbe said petitioner, Su*.n, and tl.at be W charged from tho cvtody of ihe sheriff or S.lcvr Bo« eon J, aforesaid, and .iia. his bail be exoneru.cd. The conr. is of the opinion that tiio order, of whicb *e fo- lowing is a copy: "It is further ordered Uiat 4o said dela^ ants, Uieir agents, servan.s, and employes, shall not do any ther work in fta. certain drift known as a drift from tte MW shaft or the Kubinson upraise, and .ha. thiy shall '.°""f°"^J securely timber tbe same," — which is included m the sai judgment for eontemp., and which was imposed as a pen ^ ■ r the supposed contempt is utterly null and jn that it attempte to denoanoe a penalty for ■ranted by Section 2179, Code of Criminal any other law. STioE concurs. He is fnrUier of the opinion Memoranda. 559 that the order is before the court for review under the writ of certiorari, and that it should be anjiulled entirely. Mai-ch 18, 1902. Pee Curiam. — Upon furdier consideration, and of its own motion, the court does hereby vacate and set aside its judg- ment in said cause made and entered on the 13th day of March, 1902, annulling the judgment im contempt as to the petitioner Sutton, ordering hia release and exonerating his bail, for the reason and upon the ground that the district court of the Second judicial district of the state of Montana in and for the county of Silver Bow, having jurisdiction of the subjectrmatter and of the person and to make the judgment and order sought to be reviewed on habeas corpus aided by certiorari, the su- preme court may not^ in this proceeding, determine whether the evidenice adduced and certified to in the return on certio- rari tended to prove the contempt charged or tended to support tlie finding or judgment and order, declaring the petitioner Sutton guilty ^f contempt. It is therefore ordered Uiat^ the writs of habeas corpus and ceriioraH heretofore issued herein be and the same are hereby quashed, and the proceeding be and the same is hereby dis- missed, with leave to the petitioner Sutton to apply to tho supreme court, within twenty days hereafter, for a writ of supervisory control in the matter of such supposed contempt. Mr. F. T. McBride, Mr. Robert McBride, and Mr. E. N. HarwQod, for Petitioner. (For opinion on application for writ of supervisory control, see 27 Mont p. — , 69 Pac. 988.) No. 1,810.— STATE EX bel. COLLINS, Relatob. v. DIS- TRICT COURT OF THE SECOND JUDICIAL DISTRICT ET AL., RESPONDENTa. ~ Writ of supervisory control. Decided Arpril 11, 1902. Per CuBiAU.— Relator's appUcation for a writ of auper- visory control Leredni is denied, Mr. S. C. Herron, and Mr. Charles E. Sacheti. for Relatiw. No. 1,473.— BOOTH, Respondbkt, v. McGOVERr sr ai,., AfPEZ'I'ANTS. Appeal from District Court, Silver Bow County. On motion to dismiss appeal. Decided April 15, 1902. Per Curiam. — The motion to diemise the appeal herein ii hereby austainod and the appeal is dismissed, Mr. William E. Carroll, for Appellants. Messrs. Forbis & Maliison, for Respondent Memoranda. 56i Xo. 1,446. — FRARY, Appellant^ v, DWYER, Respondent. Appeal from District Cotirt, Cascade County. (For former opinion, see ante^ page 414.) April 16, 1902. Per Curiam. — Upon the stipulation of W. S. Frary- and counsel for respondent, this appeal is dismissed, Avithout preju- dice, liowever, i> any right counsel for appellant may have in the preanises. Mr. Justice Pigott^ having been of counsel during the pendency of this cause in the district court, takes no part in tliis order. Mr. F. A. Merrill, for Appellant. Mr. T. E, Brady, for Respondent. Xo. 1,732.— In re QUINN'S ESTATE. Appeal from District Court, Silver Bow County. On motion to dismiss aippeal. Decided April 29, 1002. Per Curiam. — The motion to dismiss this appeal is hereby sustained and the appeal is dismissed. Mr. Charles O'DouncU, for Appelknt Messrs. McILiiton cf- Cotter, for Respondent. Vol. XXVI-3G 5G2 Memoeaxda. Xo. 1,S21.— Ix RE APPLICATION OF T. J. WALSH, OX BEHALF OF JOHX F. FORBIS AXD L. ORVIS EVAXS, FOR A Writ of Habeas Corpus^ And in Aid Thereof a Writ of Certiorari. Habeas carp us — Certiorari. Decided April 29, 1902. Per Curiam. — L"i)on exaiuiiiation of tlie judgment of the district court wherein* the petitioners were found guilty of con- tempt, and in ]nirsuance of which they were committed to the custody of the c^lieriff of Silver Bow county, the court finds that the same is void, in that the said judgment, being as for a contempt in tlie presence of the court, does not recite any fact sho^\4ng that a eontemi>t had. been ecinmitted : It is therefore ordered that the judgment be annulled ; that the petitioners be discharged from custody, and that their bail be exonerated. Mr. T. J, Walsh, for Petitioners. Mr. John Lindsay, for Respondent, Xo. 1,638.— BURKE, Appellaxt, v. IIAMILTOX et al.. Respondents. Appeal from District Court, Fergus County. On motion to dismiss appeal. Decidc<l Mav 14, 1902. Per Curiam. — The motion to dismiss this appeal is hereby sustained and the apjKual is dismissed. Messrs. Cort »f* ^Yorden, for Appellant Mr. F. E. Smith, for Respondents. MEMOItANDA. 563 Xo. 1,823.— BOEIILEK, Eespondent, v. HAIS^SOX et al.. Appellants. Appeal from District Court, Missovla Courtly, On motion to dismiss appeal. Decided May 15, 1902. Per Curiam. — Respondcnft's motion is granted, and the ap- peal is accordingly dismissed, for tlie reason tliat no transcript has been filed aerein. Messi'S. Duncan & Draffen, and Mr, C. B, Nolau, for Re- spondent. IN MEMORIAM. WILLIAM HEDGES DEWITT. In the Supremo Court cf the State of Montana, Thirtieth day cf December Tenn, January' 21, 1902. James Donovan, Esquire, Attorney General of the State of Montana, informed tlie court tliat Honorable William H. De Witt, a former Justice of this Court, had died suddenly at his home in the citv of Butte on Saturday afternoon at 5 o'clock — January 18, 1902, — and suggested that tlie court appoint a coniniitteo tx) draft suitable resolutions \o commemorate his life and services, and to retx)rt the same to tlie court at a time to be fixed liereaftov for that purpose. The court, adopting the suggestion of the attorney general, thereupon appointed the follo\\dng commitcee: Henry N. Blake, Esquire; Williain Y. Peml>orton, Esquire; Edwin N. Harwood, Esquire; William W. Dixon, Esquire; John J. Mc- Ilatton, Esquire; George W. Stapleton, Esquire; I. Parker Veazey, Esquire; and James Donovan, Esquira As a furtlier mark of res»pect, court was thereupon adjourned until Wednesday, Januarv^ 22, 1902, at 9:30 a. m. On February 12, 1902, the court by an order fixed February 18, 1902, as the time for the presentation of the report of the oommittee. Eiftioth day of Decend)er Term, Tuesday, Febniary 18, 1902. The committee heretofore appoint-ed to draft resolutions on the death of William Hedges DeWitt, tliis day report as follows: Afap it Please the Court: In behalf of the Committee of the Bar of the State of Montana, appointed to take appropriate action respecting Honorable William Hedges DeWitt, who (SC5) 574^ Appeal. a I <;•*•] a lit. i.* iLr;.:i<L — Jordatt cl al. r. Andmt tt al., 37; Michcncr /. I if/tijskatn, 44. TiiL.** of Filifjjr Tr2i!iM.rii»t — Lacti€fs — Dismissal. . 5. Under S'i|./ me Omrt Role IV. Subdivision U, an appeal will be dis- iijis«^<:^ wb^-re !ij>i^l]aDt i» guilt v of lacbes in not filinj^ tiie transcript witli lb*' vierk of lb*- siii»reme coort within Go days after the appeal was per- fected.— t^hfifl-i'lt v. Batktr ct al., 45- I>eft-<iive Authfr-Lti'-aiion of Transt-rlpt. 0. Wh»-r<» on t^nf&l the transcript prepared and certified by the clerk Is deffH-tlve fur lailure to comply with the rules, and appellant's counsel pre- I»:ir»» a corr*^-t ^ transcript, and, instead of having the clerk certify ttiere- t'n'aii re<|ujnd u\ Ci.de of I'ivll rrwrdure, Sec. 1739t detaches the certlticate fr<^'m the d» festive transcript and attaches It to the corrected one, without the knowledge oi authority of the eieris, such transcript cannot be con- sidf-rtd. — tih'jdrV'U v. Barker ct al., 45. Authentication of Transcript. 7. I'nder C'o<le of Civil Proceoure, Sec. 1905, and Political Code, Sec. 4CSC. providing that transcripts on appeal must be certified by the clerk, under seal, after comparison with the original files, no other method of authentication is lawful. — Shadvillc v. Barker ct al., 45- Undertaking on Appeal — Failure to File. S. Code of Civil I*rocedure, Sec. 1740, providing that no appeal shall be dismissed for iusufficiency of the undertaking, if a good undertaking ap- proved by a iMsiice of the supreme court be filed before the hearing on motion to dismiss the appeal, refers only to a case where an insufficient undertaking has been filed m trial court, and does not embrace a case where no undertaking whatever has been filed within the time limited by law. — hahn v. James et al., 50. Error — Presumption. 9. An error is presumptively prejudicial to the defeated party, jind tbe presumption is rebutted only when it appears that It either was not or could not have been Injurious.— iS'f of c v. ShadKcU, 52. Error — Exception — i;-?view. 10. Errors not excepted to in the court below cannot be reviewed on ap- IJeal. — State v. nthaeliccU, 52. New Trial Order. 11. Where an order granting a new trial is silent as to the grounds on which it is bas?d. it will be affirmed, if it can be Justified on any ground on which the motion was predicated.— fiftate v. Foster, 71. New Trial Order. 12. Where there is a substantial conflict in the evidence the action of the trial court in pranting or denying an application for a new trial on Jthe ground that the evidence Is insufficient to Justify the verdict,* or that the erdlct is contrary to the evidence, will not be disturbed on appeal. — State In Memoriam. 567 At the Bar, his demeanor towards his brother lawyers was so uniformly kind, courteous and considerate that he was regarded with affection by all w^ho knew him there. His conduct in the trial of causes was a model for all young lawyers to cupy ; it endeared him to his associates and brought him success in his chosen profession. His private life was singularly pure ; he had a pure mind. He hated deceit and fraud In whatever station of life or what- ever garb discovered. His whole career was honorable, and his son has an Imperishable inheritance in the good name his father has left. Therefore, Be Jt Jiesolved: i That the Montana State Bar Association tenders to Judge DeWitt's widow and son the most sincere and heartfelt sympathy of its me.ubers in the great sorrow that has come Into their lives, and, as a mark thereof, a copy of these resolutions shall be sent to them ; and Jicaolvcdj That a copy of these resolutions be presented to the Supreme Court of the State of Montana, with the reqntst that the same may be spread upon the minutes of the court. IIexry C. Smith, H. G. MclNTIKE, M. S. GUNN, T. J. WAL.SII, Odell W. McCoxm:ll. Thereupon Thomas (\ Bach, Kt^qiiire* addressed tlie eoiirt [\^ follofws: At ay it Please the Court: It is of William II. DeWitt, the friend, the citizen, the man, in memory of whom I would say a few words. To know Judge DeWitt, to fully appreciate him, as a friend, ns a citizen, as a man, it was necessary to associate with him intimately, to I»e with him constantly, to see him and associate with him almost as one assoi'iates with and Is with the members of one's own family. Speaking impersonally, we are apt unconsciously to put our best foot fore- most, to appear to our own best advantage, not In our own families, not with those with whom ,ve associate' daily, but with those whom we meet casually, almost as strangers. To estimate the character of Judge DeWitt by such a test would be unfair to his memory, it was my pleasure to have been associated with him from December, 1S84, to August, ISSO. Much might be said concerning his char- acter as u man of family — much might be learned by most of us from a study of the life of one who could at once be always the husband and yet the com- panion of his wife, the father as well as the friend of his son, and in him as a friend, as a citizon, as a man, each of us can find an example. When I left him in 1886. as one will unconsciously do, I looked back upon my association with him, and there was no word, no one act oi his, that I would have asked him to recall ; there was an absolute and unqualified fairness in all his conduct tcward me. and I can truly say the same of his conduct toward all of those with whom our business or our friendship brought us In contact. This was due, ^ think, to his strongest trait of character, which I think was stronger In. him than in any man I ever knew, and that was his keen per- ception of duty. Speaking Impersonally, most of us prefer to do, perhaps do, that which Is right, that which is our duty to do. Some of us so doing wltn a (perhaps) unacknowledged, unconscious desire for the plaudits of others ; some of us so doing that we may gain and hold our self-coramendatlon : some of us do right, do that which it is our duty to do, when it is easy so to do, and some of us 5G8 I^' Memokiam. delight to perform that duty when It bears hard upon us. and thus arou,*e the self -pride that is in us. .^ot nf «ll the men I It was not so «ith Judge DeWItt. It seems to me '^^'""l^l^^Xi [l^^t ever knew. he. most of all. was actuated to do that which -'^^ ^^'J^^' ^^^^ which it was his duty to do. merely because it was the y^^^^T/' J ^\^ %tbe« As to right and wrong, with him there seemed to be no V'^^"^'^ J^ J^f '^^ ^^,,1 would think, no.thought of what he himseif would ''''^''^ ^'''''^''^^' ^{^^^^ the consequences might be to himself or others-he «*°>P»y ;*^^^^^*^ ."^ J' ^ct was his duty to do; and it did seem so easy for him to decide and to act^ So to act must have pained him on many occasions, because ^^'^ J^V' pain to others. In some Instances I knew that he had been '^^^J^f^^'.*"^ so knowing was able to right the wrong. But I am certain of one thing, tnai if ever he gave pain to his friends. It was because bis act sprang from a aui> which he owed and which he discharged. Such a life would naturally lead those who met him. as we meer . of our associates on our journey through life, to believe that he was ^^'^j unsympathetic, which is most unjust to him. Like all ^ngl o- Saxons. Mb sjm- pathy was silently expressed, by a thoughtful act. by the touch of «»« "*":'• and yet his was a sympathetic nature, both In the giving and »'^^^JT*"^^ * j man could have been more tender than was he to me in my *J'*"''*J''^ canuot resist giving an example of how deeply he felt any hint of kiptwess. Some time after our firm had been dissolved, lie sent to me my snare ox certain collections 'vhlch he had made of past accounts due that tirm. i - member that I wrote him my thanks, and expressed tlie wish that he w take charge of all my finances, for my good. His reply^ was ^^^^^^^''^^"^ "'. He would not have said— but ne could write It. It was: 'Dear ^ac": laa you for your kind Utter. Such letters make this journey through life less hard.* May it Plcanc ihc Court: It grieves me much that, following the manner of men. I never by word to hlin expressed my appreciation of n.s character my pride in his friendship : and it is but of small comfort to me that I cannot recall any occasion when I failed to see him when I could; and I never met him but I felt the letter for the meeting. Thoreiijx)!! Janios Doiiiovaii, Es(iuire, Attorney General of tlie Stiitv of il :nta.na, addressed the court as f ollo^v^= : Ma If it Phase the •"'ourt: On the ].Sth day of .January, 1002, Honorable William H. DeWitt, an ex- Associatp .Justice of the Supreme Court of Montana, died at the city of Hutte. As Is the custom, the attention of this Honorable Court was called to his death, and a committee appointed to present suitable resolutions commemo- rating his services as a Judge of this Court, and rendering unto his memory such marks of res;)»'rt as his life as a lawyer and a Judge would merit. The Committee appointed by this Honorable Court has made Its report, and this day Is set ni)art at \vhlch to consider said report. 1 therefore, in my capacity as a lawyer, and "n my capacity as Attorney (Jeneral. on behalf of the Honor- able Court of which he was a member, more that these resolutions be adopted and spread of record In the minutes of this day's proceedings. I did not have an Intimate personal acquaintance with Ix Me MORI AM. 561) ship oft gIvi'H l)irth to, and that sometimes- maj' seem somewhat overdrawn. I do not therefore stand in i..at relation to him and liia memory wliere I can dlKc-uss minutely his perHonal worli, his personal characteristics, his personal- tits, or his personal affections. I cannot mirror his faults into virtues, if lie bad any faults. Justice DeWitt was. in my judgment, a great lawyer, but a still greater judge. It is timely and fitting on this occasion to call the attention of the Court and those who assemble here to do honor to his memory, to Ills remarlc- able career as a member of this Honorable Court. Justice DeWitt, in a special line of legal learning, viz. : Jn the mining law, and in all its intricuce phases, was perhaps better equipped than most men in the state. He, speaking for the Court, rendered an opinion in April, 1S!H>, which, in my Judgment, places him as a mining lawyer, and as an interpreter of mining law, as one of the brightest lawyers of the Northwest. In the case of King v. Amy & Silversmit'i i'onsolidattd Mining Co., which was decided at the April terra, ISOO, Justice DeWitt, speaking lor the Court, rendered an op'nion which was a new ciues- tlon, and which question had enlisted the careful attention of the best mining lawyers of the I'nlted States. He said in the course of his decision that the questions involved m that case came to the Court of this State, and to the Courts of the I'nitcd States, for the first time, and in ills efforts to reach a sound and correct '.oust ruction of Section '2li'2'2 of tlie Revised Statutes of the Cnitcd Statts. he bent the efforts of his strong and vigorous mind to a solution of that question, which, in the' judjjment of the ablest lawyers and judges of the I'nitcd Stat(s, hns never been questioned. He settled then for the first time one of the rnost intricate questions of extralateral rights. It is true that this case went to the Supreme Court of tlie United States and was re- versed and reported in the ir»L* V. S. Supreme Court Kep<»rts, Justice Kieid of the Supreme Co'irt of tne United States rendering the opinkm, concurred In by Hie oilier justices. The opinion by Justice I^Meld was not an elaborate one, but reversed :he opinion rendered by Justice DeWitt by declaring that the side lines should become the end lines of the lode without further elaboration or discussion. This case came back to the Supreme Cou't of Montana. Be- tween the hearing of the case in the Supreme Court of Montana and In the Supreme Court of ibe United States, Judge Halletl and Judge Ilawley, who are recognized amcinuf the great Judges of the mining states, followed the de- cision of the Supreme Court of Montana, even after the opinion had been rendered by the Supi-enie Court of the United States and the case reversed. In 1S().*> the same (,uestlon came to the Supreme Court of Montana again in the case of Fitz;rei- ild v. Clark. Justice DeWitt wrote the opinion in that case, and In a very elaborate and exhaustive opinion he reviewed again the same question that was up in the ca.se of King v. Amy & Silversmith, and the greater portion of his argument, and liis legal conclusions in determining the case of Fitzgerald v. Clark, was based upon the conclusions that he had reached In the case of King v. Amy & Silversmith. He refers to the King v. Amy & Silversmith case as having been reversed by 'the Supreme Court of the United States, and he liad that moral courage and judicial ac<'uracy of mind to resiiect fully urge in the Fitzgerald v. Clark case that tlie Supreme (?ourt of the United States was wrong In its opinion in reversing the King v. Amy & Silversmith case. To my mind his argument, his suggestions a^^d his reason- ing in the Fitzgerald v. Clark case, was a revelation of the liighest Intellectual force. He was not li(/Id. assertive or aj^gresslve In his deductions, but he w^as clear, concise and convincing, and took up that case wltli that strength of mind and vigor that, to an impartial observer, would show the depth and breadth of his legal mind. 1 have not been able to find anywhere In tiie Investigation of cases that I have made, wliere ihe Supreme Court of the United States has been reversed by the decision of a state court, and a principle laid down by the Supreme Court of the T'nited States totalJy Ignored, and then have the same views In o"0 Ix Memoriam. tlie rn^i' reveiBlnc the SHiiromc Court of the United St»t«i afterniirds sus- tained by the Snrririiie Court of the L*nltPd »tatPB. In foUuwiHB ip these cases It U Intereat'ng to know that the case o( KltZBerald v. Clark nmt to the Su[ireme Court o( the L'ulled StnteB. was sub- inlltod on Defeniliev 8. 1S117. and dei'lded May 2a. 1S08. The opinion ren- dered by Justice Brewer was as follows: "The case Is before ua on error from the Supreme Court of Montana. It la unnecessary to state Its facts In detail, ami It Is HiifflcU'nl to Bay that tlip answer given to the fourth quesllon In the opinion just flied In Del Monte Mining Co. V. Last Chance Mining Co-.pageU [of Vol, m, U. S. S. C- Rep.], compels an affirmance of the JudBment." This Is all tliRt WHS nald by Ihe Supreme Court of the Tnlted States in afflrmlnn the JudKmpnt ot nizgvr'ild v- Clark, rendered by ihc Supreme Court of llie Stale of Montana. In lui>«lns back to (he cane upon wlilcb the rase ot FItzRernId t. Clurk »«» alHrnii'il. »e llnd Hint Ihe grnund upon which this fane wa» nlMrmed wnn the sanic iivlncli.ks of law enunclnled by Justice UoWItt 'n Ihe case ot King V. .4my « HlIvi'i-RUillh Consolldaud Mining Co. This Indeed was a gr'at tribute to ihr Sut'i'ime Court of Hie State of Montana, because, had the Supreme Court <•( ilip Sl;ite ot Moutuiia. ot which Justice HeWlti was a mtmber at the time, yielded oliedlence to tlie juilament of the Supreme Court of the l.'nIKd Stall's In llie case of King v. Amy & Sllreramlih t onsoUdated Mtmne Co.. as reported In ibp 152 V. S. S. C. Reports, pajre '1-12. the property rlRbts ot Ihe miners ot this country would have HUlTered untold Injury and mlstoriune. So to me It iK'curs that It was a liolil. tenacious and conscleuuous mind, acta- ntrd by well-sclilcd couvIciIodb. that led up to the solution ot the Questions liimlvcd and wlabliihed the precedent laid drwn In the King v. Amy & Sllver- Jiiduc l.ludley, ulio Is the aulhm' of the lendlni; work on Mines and -Mln- Ina In Hie I'nlicd StnteH. In his able work. In diBcussIn?: Justice Ih-Wllfa rcKKonins and conclusions, pays him n high tribute and places him alongside iif Ilalleit and IIsA'lcy, as amonc the ablest Judges In this branch ot the lav that ll»i-e was In ,he milid Slates, tclleclunl superlodiy. 'I'hey reveal very many of ihe commendable fea ures lu Ihe Ideal Judse. 'ihey first show that Justice l>cn'ltl was a man of courage; they next show that his mental grasp was great; they neit that when he had (Irmly set his mind upon a legal proposition and had res ched a conclusion anil solullon of the qucsHon. that there no longer lingered apj doubt as to the .■■.rr.-ctncss ot his soliiilon. There is sttJI a stronger greater precept lo 1* drawn frim Ihtse casta, and that la that It takes a bold. strong mind to -ittsck the reusonlug of a superior court, even thmigl the superior court Is wr mg, ami so present the Issue that the superior court will acknowledge Its inlinke and actiulesce In the rul'ng of the lower court. Justice KeWltt .at upon the bench ot this Coui't during a period Ihe state pn8s.d ii-oni Its territorial life to Its slatehood : he was In a beginning. Many intricate questions of law were presented to nim and t «-hen other mcml>ers of ihe Court at Mils time which were settled and settled Ight, and which, as the lime passes, will be monuments lo his Integrity, exu iplw or his slron8'lute||,.c.tual force, and irlbules to his Justness, fairness einlty. BDd There ace many other sides and iihases to Judge l)e«-iII-« life whic are Ibis ering was Many a lime have I seen young mea urt, Bhen Justice DeWltt was n member ley seemed to be laboring under mental r' liiat lie was almost imable tu present In Memoriam. 571 his caiiRe in a consomtive order, and Justice DeWltt, observing his embarrass- ment, would look at him with a kindly and appreciative smile that would in- spire and encourage the young man and manifest *a consideration to that degree, that before h( liad well stated his case he was relieved of his embar- rassment. This to nit is one of the greatest characteristics of a judge. Many a young lawyer has been driven from the courts in despair with the sense of feeling that he was overawed or abashed by some suggestion or inquiry, or some austere look from the bench, that impressed him with his weakness to that extent that he never afterwards appeared in court without fear and trepidation. This thought can perhaps be well illustrated by a story, that is related of Chief Justice Shaw of Massachusetts. On one occasion, when Hufus Choate was at the height of his fame as a lawyer, he was passing an art studio in the city of Boston, \\hen he saw an artist on the inside putting the finishing touches on the canv'as which portrayed In the highest degree a painting of a lion. He entered ihe store and stood In anuizement gazing at the ttgure, and for a moment he was lost in admiration of the figure. One of nis companions passing the store, ^aw him, entered the store, and accosted him as follows: **Mr. Choate, what jire you doing here?" Choate pointed to the figure and said: "I am admiring that figure." Ills friend said: "What Is tnere about that that so attracts your attention V" He said: **I was observing what a mag- nificent likeness It v.as of our Chief Justice Shaw.*' The Impression had been made upon Choate l)y the severe countenance of the chief justice that he repre- sented the lion's face. I can truthfully say, and I think without exaggeration, that If I would carry the picture to completeness, that I could say of the late Justice DeWltt that he had a visage and countenance and smile as pleasant as a lamb: he was as gentle ns a mother: he was as forbearing as a father, and he was as kind and affectionate as a brother. It Is the mental characteristics of men In all walks of life that are trans- mitted from gener.itlon to generation. When we think of the great men that have lived and aclileved greatness, either in our own profession or of that in any other walk in life, we judge of them only by the Intellectual force or impress that they made upon the age in which they lived, and the truthful presentation of It that has been made to posterity. Very lew men now know, nnless they are stuvlents of detail, whether Napoleon was a man of six feet and ponderous frame, or whether he was a man of insignificant figure ; whether he rode his white horse well or III ; whether he had any impediment of speech or deformity of fignie. The world cares nothing about these things. He Is known and known (uly by the tremendous force of his genius. So it is of Marshall, and so it Is with the great Judges of ancient and modern times. The present Supreme Court of the United States Is known as to their physical make-up, only to those who have had the pleasure and the honor of appearing before them. We measure Chief Justice Fuller, Justice Harlan. Justice (iray, Justice Brewer, and all the other Justices of that court, from the product of their intellectual grnsp, rather than from any other pha.se of their existence. So it will be with the late lamented Justice DeWltt. He will be known and honored, and his memory revered by the bar of Montana, because of his Intel- lectual superiority and his splendid manhood. Justice DeWltt ought not to have died thus early In life. P'rom what I know of him and have heard from bis intimate associates and companions, he was a man of the most exemplary habits. He had no shortcomings or weak- nesses or dissipations, but he lived the life of a student and scholar and hon- orable citizen : and it might be fitting upon this occasion to say that the best years of his Intellectual life were rapidly hurried to their close by the arduous and overworked energies that he displayed while a member of this Court. We ought to take lesson, — this Court yught to take lesson, and take warning from his early taking off, so that they may not overtax their physical and intel- lectual energies to tliat degree that they, too, may prematurely be called to make up their account. There is no cla.ss of labor in the world that taxes the 580 Appeai- tnjunctlon onl.^r during tbe pendliiK of ao api Injunction — Appeal — M odlfl pal lun— Supreme Court. or vaeatlng a i crpi bracing It. — ilaionry cl al. t. Kinv cl al., 4U2. Mandator; Injunction — Appeal— Ktaj'. .14. ("nUer 8e?lion 173,? of the Code of Civil FrocMure, a mandatory In- Juncllon l> stayi^ by perfecting an apijeol from ihe decree.^ — Ualoney ft al. V. King el al., 4»2. r«rpetnat Injnnctlon— Appeal — Slay. .'.o. The obJeciUn thai a decree granllng a perpetiinl injunction IB TOld, as not being -vUhln the igguea, will not be considered on a motion lo Hlay the Injunction during the pendency of the appeal. — J/'ilonij/ ct rt v. KiBff et al., 4n2. Anpesl — Time for Taking— I )lBmisea). 5fl. An appeal from a Judgment of tbe district court, rendered on an appeal from an Inferior court, not taken within ninety dnys after entry ot the Judgment. i)8 requlrfd by t'ode o( Civil Proi'ednre, Sec. 17^3, Hobd. 2. la too late and ulll be dismlsaed.— irarrctt v. Jliimlilc cl al.. 490. Appeal— Time — Order Denying New Trial. 57. Under Co,le of Clvli Procedure. Sec. 1723. Subd. 2, as amended by LawB of ISOD. p 147, providing that an appeal may be taken ntthln ninety days from a Judgment of tbe district court rendered on an appeal from ftn Inferior court, an appeal taken more than ninety days after the entry of Bucb Jfldgment will be dlsmlBsed for want of Jurisdiction. — CAorlc* ScftOH- lein Paint Co. v. f'mimorc, EOO. Itevlew on Appeal fram Order Denying New Trial. 58. Under Code of Civil Pro<edure, Sec. 1170, declaring a new trial to be a re-eiamlnadon of an Issue ot fact In the same court after a trial and dPcUlon, and Section 1171, Subd. 7, authorizing a new trial (or an error of lav occurring at (he trial, duly eicepted to and miterlaily alTecOng the aubfltflnllal rights of the moving party, tbe point that the complaint falls to Slate facts HulBcient to conatltue a cause ot action, made by demurrer. which waa overruled before tbe trial, and not renewed or olbervrlae pre- sented at the trial, cannot be considered on an appeal from an order deny- ing a new trial.— ch.irlrg SdiaiiUtn Paint Co. v. Paiamore, 500. inying New Trial— Krror Without Prejudice. ru. [■lions r» Sch, cLa'i lid not rly did In Palnl be 1 -eversed becai /. PM«more, Judlce 50O. -■ ICTldeni .^Ke view. th, t will ough t not reverse an order of the lie evidence, as It appears in ct, since the weight ot tbe ev ■ dlstrl Idence was to INDEX. ACTKSSOKIKS AND ACCOMPLICKS. See Criminal Law, 20, 21, 25. AFFIDAVITS. Scandalous and Contemptuous Affidavits. Obiter: When matters contained in a pleading or affidavit are pertinent and must be alleged therein in order to have the judgment of the court upon the rights of the parties thereon, even though such matters reflect upon the court or a party, they may not be characterized as scandalous and stricken out by the court. — i^tate ex rel. Finlen v. DisU-ict Court, 372. AGENCY. See Pbixcipal and Agent. APPEAL. See Rules of Supbeme Coubt. Criminal Law — Verdict — Conflicting Evidence. 1. A verdict In a criminal prosecution, based on conflicting evidence, will not be disturbed on appeal. — State v. Ford, 1. Disputed Questions of Fact — Credibility of Witnesses. 2. Disputed questions of fact and the credibility of witnesses will not be considered on appeal. — State v. Howell, 3. Erroneous Instruction — Presumption. 3. An erroneous instruction is presumptively prejudicial. — State v. John- son, 0. Transcripts — Printing — Constitutional Law. 4. Under Constitution, Art. VIII, Sees. 2, 3, 15, giving the supreme court appellate jurisdiction of all cases in law and equity, subject to such limitations and regulations as may be prescribed by law, and giving the legislature power to prescribe regulations and limitations, and declar- that writs of error and appeals shall be allowed from the decisions of the district court to the supreme court, under such regulations as may he prescribed by law, the legislature had no power to regulate the physical form of the pleadings and Instruments to be filed with the supreme cdurt ; and the Act of March 9, inoi, known as "Senate Bill 101," providing that transcripts on appeal mny be printed or typewritten, at the election of the (573) Banks and Basking. ro'V at Jaw who. bitvlng Ijeen ^inploj-ed lo collect cialma ■TT^'..tiiinD. ralselT reprreenled lo bis clients aclornei lo Uet ;".r.ui..n was settling un a basU ot rs per tent. <mlj, and that i.un lii per ront. as his fw. aad obcalned autborlir to aellle a«, iind ulio. notwllbsiacdlDg. collected 75 per cent on one I iMT cent, on anotber. and Iiinied over to tlie attomej In (o"t '■ent. of each claim, and afterwarda permitted Jndgment to go o;r derauli for the baloDoe, taklog no atcpa lo have it set iiillj of malpractice and deceit as an attorney, and liable to innent — rrlmln.il eedln(n<. the Insilttitlon and comliialon o( a criminal med Is not atnafK essential aa a prerequisite to an HANKS AM> RANKIXi;. la and Noi.-x (Juiranty— rersons Itoiind. 1. Wlipre, In an ncilon on a eunlraci whereby Ihe record slockboldera ol n iMnh cuaranii'ed the payment or notes, the ledger of the bank showed dpfendanl-H name aa a HKickholdpr. and It appeared that he and another I'xeeuted the ,-^n'iHct of giiaranlj- on liehalt of themselvea and other stock- liAlders. the .-.iii:-( was Jnstltied In llndlnK that defendant was a record KHiehholder r for tile ledger Itself was prl<na favU- evidence of that tact. [■•■ciiilrlnK defendniu to i-ebiit the aatne.—tllanf'ird v. Curam, :;».-.. hich provides Hint the bolder may renew the notes wltb- r knowledKe of the guarantors, tbouuh contemplating that Ibp notes the accrued Interest, If not paid, shall either the iHincljial or an Independent obligation drawing In- ' as an antecedent agreement for the payment of com- infm-a V. Coram, 2S.V nt by I'rlncljial Debtor. utcd ItH note (o a bank. Us creditor, and deposited a [liial debtor ns collateral, who was also a debtor on a ilie company's note was aaslgned to plafutltT under a t by the stockholders of the bank. The collateral was plalntllT. and Its existence was unknowa to him. A nk. Willie ac Ihe note to the bunk, and the remalader was endorsed [ no credit was made on the company's note asslsii^ hilt plaintiff was not itiiimd by the knowledge of Its If for (he mlsapjiroprlailon of (he collateral note; IM "f ItB existence, except through the knowlefige of his i"t lie Imimtrd to blm In a trenBflctlon In wblch tne '*C 11* li:s aijcut. but nnliigonlillc to lilm. -Sfan/ord Certiorari. 583 Bills and Notes — Gnnranty 4. A principal debtor executed bis note to bis creditor, a bank, and tbe latter assigned tbe same to plaintiff bank, under a guaranty by tbe stock- holders of the payee to pay it. Tbe note was thereafter renewed and made payable to the cashier of plaintiff, and indorsed to plaintitT, and carried as bills receivaole. The original note was secured by real estate and chattel mortgages. The renewal note was secured by a real estate mortgage executed to plaintiff's cashier. Plaintiff's records did not disclose the existence of the mortgage. The cashier accepted as payment of the note a conveyance to him of the mortgaged property, and canceled the note and delivered it to the principal debtor, 'ihe cashier executed his own note to plaintiff for the amount of tbe debt, which note was credited against the debtor's note as payment, and was treated as an asset of plaintiff. The cashier informed plaintiff's vice president that he* was going to take the debtor's property in payment of the note. The vice president knew of the cashier's note, tiiough he claimed to have no knowledge of the mortgages securing tbe principal dtbtor's note. IMaintlff did rot object to, nor repu- diate the caKhIt"r'3 acts, 'ihe original payee went out of business, and plaintiff's cashier had charge of the settlement of its affairs, but was not authorized to ect In any capacity for its individual stockholders. I'lalntltt did not offer to leturn to the cashier his note. No demand was made upon the debtor for tbe payment of the note after its surrender to him. Held, that tbe evidence showed that the debtor's note was paid and discharged by the conveyance of the real estate to plaintiff's cashier, and hence the guarantying sto.»kholders were discharged from liability. — Stanford v. Co- ram, 1285. BILL OF EXCKPTIONS. See Appeal, 37, 42, 44, 45. New Trial, 9, 11. BRIKKS. See RULE.S of Stpkeme Cockt. BURDKN OF PROOF. See Physicians and Surgeons, 2. Tenancy in Common, 4. New Trial, 12. Ne<;ligence, 1. CERTIORARI. Application — Affidavit. 1. 'Where an affidavit applying for a writ of review does not set forth a copy of the order complained of, as required by Rule II of the Supreme Court, nor state any reason for such noncompliance, the application will be denied. — State ex rcl. Healy v. District Court j 221. To Whom Writ to be Directed. 2. Where the order sought to be annulled by certiorari was made by the district court and not by its Judge, a writ directed to Its judge will be quashed, upon motion. — State ex rcl. Ilcalij v. District Court, 224. 584 CoxsriTunoK. Dismliii^al — Cost* — l.'oiitempt. 3. Unler the proTisioD« of the Code of CiT.l Procedufc. on I lie dismissal, at cost of relator, of a writ of review to reriew an order In a contempt pr<K'eidlng, su'-h procftdin^ (King special, defendant is entitled to the fee paid by him for the judf;m<nt and mlnate entries Included in Ma return, and also for :he expense of making the transcript, excepting certain pages consisting mpn'Iy of recitals by defendant- — i^tnte ex nl. Hcaiy v. District Court, 224. Contempt — Review. 4. On certiorari issued in aid of a writ of habeas €-orpu« to secure the release of one <-oromlttcd for violation of a restrainini; order, the remedy by certiorari only ruthorizes the court to determine that the lower court liad jurisdiction of the ftubject-matter and of the parties, and that it regularly pursued its authority, and does not authorize an examination of the suffi- ciency of the evidence. — In re Petition of Boyle, 365. Costs. o. Where, on habeas corpuM, and crrtittrari in aid thereof to review an order of commiiment in a contempt proceeding, relator asked that the evi- dence be certified up. defendant, on dismissal at the cost of relator, is en- titled to costs for the expense of transcribing the evidence into longhand. — In re Petition of Bojfle, 365. Administrator — Party in interest Aggrieved. 6. The administrator, in his private capacity, was not a party in interest aggrieved by rhe order requiring him to turn over the propert5', and could not bring certiorari to have It reviewed. — State ex rel. Barker v. District Court, 3C9. Administration— Orrler of I'artial Distribution. 7. Certiorari^ \\\\ not be granted to review an order for the partial dis- tribution of the 1 state cf a decedent, since there Is pu appeal from such order— ^7a/c t\r %cL Lcyaon v. District Court, 378. CLERKS OF DISTRICT COURTS. Receipt of Money In I'ayment of Judgments. It is no part of the duty of the clerk of the district court to receive money In payment of judgments entered in the records of the court of which he is an officer. — Matuscvitz v. Hughes, 212. CONSTITl'TIOX. List of Sections Cited or Commented Upon. Article III, Section 7 15 Article III, Section 10. . 161 Article III, Section 15. . 475 Article IV, Section 1 39 Article V. Section 30. . 36 Article V. Section 39 V20' 521 Article VII. Section 20. . '^ t\\2 1]]]^ ^^^^*- 2... ■;;..•;•;... v.;. v.v.v.v;;;;.v.;.v.v.'.V.39: sS Arte le \ III, Section 3 ..« 491 535 Article VIII. Section 11 WV.W.V.V.V/ / V. ... 534 Constitution. 585 Article VUI, Section 15 ao Article XI. Seciion 4 85 Article XI, Section 11 60 Article XI. Section 12 65 Article XIM, Section 5 42JI, 431 Article XIII, Section 6 472 Article XVI, Section 5 392 Article XVI. Section 6 392 Article XVII, Section 2 65 Ordinance I, Subdivision 7 64 Information — Verlfloatlon. 1. I'nder Constitntlon, Art. Ill, Sec. 7, and the provislona of the Penal Code of 1805, a warrant may issue on an Information tiled by the county attornej' by leave of court on a motion In writing not verified, and the information verilied only on information and belief. — State v. Sfiafvr, 11. I'ublic Printing. 2. Advertisements for proposals to furnish supplies are not public print- ing within the language or spirit of Section 30, Art. V, of the Constitu- tion.— i^tale ex tcl. Robert Mitchell Furniture Co. v. To(.le et al., 22. Advertising for Pronosals for Supplies for the State. 3. Political Cede, Sec. 705, declares that, before any contract for the furnishing of supplies to the state Is let, the state furnishing board mnst advertise for proposals for 20 days In two dally newspapers printed In the state. Constitution, Art. V, Sec. 30, ordains that all printing for the state shall be performed under contract to be given to the lowest responsible bidder. Held, that w^here an advertisement for proposals for the furnishing of supplies was not made In compliance with Section 705, but was made only In a new^3paper which had the contract for the public printing, and a contention that the publication was lawful because the advertisement was public printing w^as without merit. — State ex rth Robert Mitchell Fur- niture Co. V. 7'oo/e et al., 22. Supreme Court— Printed Transcripts. 4. Under Constitution, Art. VIII, Sees. 2, 3, 15, giving the supreme court {ippellate Jurisdiction of all cases In law and equity, subject to such limita- tions and regulations as may be prescribed by law, and giving the legis- lature power to prescribe regulations and limitations, and declaring that writs of error ami appeals shall be allowed from the decisions of the dis- trict court to the supreme court, under such regulations as may be pre- scribed by law. the legislature had no power to regulate the physical form of the pleadlns?s and Instruments to be filed with the supreme court ; and the Act of March 9, 1901, known as "Senate Bill 101," providing that transcripts on ftppeal may be printed or typewritten, at the election of the appellant. Is invalid. — Jordan et al. v. Antlruit et al.. 37; Michcner v. Franaham, 44. State Agricultural College — Disbursement of Income. 5. The funds f*nd income derived from the grant were trust funds, to be disbursed through the agency of the state, and were not subject to Consti- tution. Art. VII, Sec. 20, providing that claims against the state other than for the salary or compensation of a public officer should be audited and allowed by the st^te board of examiners, and paid only on the w^arrant of the state auditor. — State ex rel. Koch v. Rarrct, 62. 586 Contempt. Gambling-- riass Legislation. C- Conceding tliat I^ws of 19ul, p. 16G, Sec. 1, punishes proprietors ot gamt's of cb:in-e. while patrons of the game enjoj- immunity, U is not unc-oDstiiuiional as class legislation, no exception being made of the per- sons who fall within its operation. — Hiatc v. Woodman, 348. Count I»s-Indtbiedntrs — Submission of Question to Electors— Form of Ballots. 7. Constitution, Art. XIII. Sec. .1, prohibits any county from Incurring any indfbtMln^ss lor any single purpose, exceeding $10,0ou, without the ap- ' proval of a majoriiy of the electors voting at an election to be provided by law. roliti al Ct-de, Sw. 4127U, authorizes the county commissioners to Rubmii such .lU stion to ' vote. Section 4272 provides for the giving of n<nicp <»f hUih election, and provides that the election shall be in the nianuer pr^sc rlbod by law in regard to the submission of questions under the jienrral ^leriiim law. Section 4273 only requires that there shall be printtd on the ^allots the ^ords For the Loan" and "Against the Loan.* liiUJ. that ball. us so printed in such. an election were sufficient, without furtlior spfcifviug the purpose and nature of the proposed loan, as re- lit hal Code. Sec. 1354, requiring questions to be voted on to be presented to tljr people in such a manner as to enable them to vote thereon in the manlier provhU-d in the title in which the section is found does not apply thereto.— 7 |>}/.<Z v. Griffin, 42G. Counties— ludtbteilnss — Submission of Question to Electors — Majority Uequired. S. Constitution, Art. XIII. Sec. ."#, prohibits counties from contracting an iudobttdn«s.s '^x rrding $H),(K)0, for any purpose, without the approval of a majority of ihe ele<tors voting at elections to be provided by law. Po- litical Code, S*»c. 4270, authorizes the county commissioners to submit such ipit^stion to vote. //cW/that a favorable majority of all the votes cast on the question of incurring the indebtedness, at a general election at which the question is submitted. Is sufficient to authorize the Indebtedness, though such majority is not a majority of all the electors voting at such election. — Tin feci V. Griffin, 426. Taxation — Statute of Limitations. I). Compilfd Statutes of 1.SS7, First Division, Section 42, Subillvlsion 12, as amended by Laws of 1803, page 50, and Code of Civil l»rocedure Of 1SI)5. Section 52t>, are not in conflict with Constitution. Art. V, Section 3l>. — Board itf Count if Commissionvrs of Custrr Co. v. Slorif, 517. CONTEMPT. Certiorari — Costs. 1. Cnder the i>rovisi<ms of the (^ode of Civil Procedure, on the dismissal, at erst of relat.ir, of a writ of review to review an order In a contempt proceeding, such proceeding being special, defendant Is entitled to the fee paid by hlra for the judgment and minute entries included in his return, and also for the expense of making the transcript, excepting certain pages consisting mer?ly of recitals bv defendant." — ;S7«f<' vx rcL Healy v. District Court, 224. Cert iorari — Review. -On cvriiornri Issued In aid of a writ of habeas cftrpus to secure the release of one committed for violation of a restraining order, the remedy by f-n iorari only r-uthorizes the court to determine that the lower court had Corporations. 587 jurisdiction of the subject-matter and of the parties, and that it regularly pursued Its authority, and does not authorize an examination of the suffi- ciency of the evidence. — In re Petition of Boyle 365. CONTINUANCK. Refusal — Absence of Defendant. It is not error for the court to deny a motion for a continuace on account of the absence of the dcfendanat, where the defendant falls to show dili- gence.— Whalcn c1 al. v. Harrison, 316. t'ONTKACTS. . I'ubllc Contracts — Ualon Labor. 1. A contract entered into by the acceptance of a bid for public work, tendered pursuant to an advertisement limiting the right to bid to persona employing, or who will In the future employ, union labor only, is void. — State ex rel. Robert Mitchell Furniture Co. v. Toole ct al., 22. Public Contracts. 2. An absolutely void contract cannot be made valid by tne failure of public officers to object to It upon the proper ground. — Utatc ex rel. Robert Mitchell Furniture Co. v. Toole et al.\ 22. Public Contracts — Advertising for Bids. 3. Where advertising for bids is a statutory requirement, neither the municipality uor its agents can make a contract binding upon it without compliance with the formalities so prescribed. — Utatc ex rel. Robert Mitchell Furniture Co. v. Toole ct al., 22. Public Contracts — Advertising for Rids. 4. Political Code, Sec. 705, declares that, before any contract for the furnishing of supplies to tne state is let. the state furnishing board must advertise for proposals for 20 days in two daily newspapers printed in the state. Constitution, Art. V, Sec. 30, ordains that all printing for the state shall be performed under contract to be given to the lowest responsible - bidder. Held, that where an advertisement for proposals for the furnishing of supplies was not made in compliance with Section 705, but was made only in a new^spaper which had the contract for the public printing, and a contention that the publication was lawful because the advertisement was public printing was without merit. — Htate ex rel. Robert MitcJieU Fur^ 7iiturc Co. V. Toole et al.^ 22. Against Public Policy. 5. Where bidders for a school building, after the rejection of their sepa- rate bids and consultation with the members of the board, agree to reduce their bids, and that in consideration of a bonus part of the bidders would let another have the contract for furnishing stone, pursuant to which they procure the contract without readvertisement, such agreement is void, as against public policy, and aflFords no basis for an action by one of such bidders against the other. — Vi'halcn ct al. v. Harrison, 310. CORPORATIONS. See MiXKS and Mining, 1, 2. l*RiNcirAi, AND Agent, 3, 4. 588 Criminal Law. • coi'ntiks. As to ludebtcdness of counties, see Ccjnstitvtion, 7, 8. COl NTY ATTORNEY, rrosectlons for Crime — Change of Venue. 3. Where a ciiminal cause Is removed to another county, the coonty attorney of the county to which the cause is removed must prosecute it. tit ate V. Whiticorth, 107. Prosecutions — Appointment of -I'ounsel to Assist County Attorney. 2. Political Code, Sees. 4318, 4310, providing that county officers, except county commissioners and justices of the peace, may appoint necessary deputies for the prompt discharge of the duties of the office, have no appli- cation to the appointment by the court of counsel to assist a county attor- ney in prosecuting persons charged with crime. — State v. Whittcorth, 107. Prosecutions — -\ppointment of Counsel to Assist County Attorney. 3. The statutes declaring who shall be charged with the duty of prose- cuting persons charged witli crime does not exclude power in the court to appoint counsel from members of the bar to assist in the prosecution. State v. Whiticorth, 107. COUNTY AUDITOR. Creation of Office — Statutes — Repeal. The office of county auditor in counties below the third class was abolished by Act of March 18, 1895 (Political Code, Sec. 4312), which amended the original Code Section 21)22, and repealed in part Section 1 of the Act of March 7, 1891 (Political Code, Sec. 4560), hence Missoula coupty was not entitled to elect an auditor in 1898. — State ex rel MnOinnisa v. Diekinaon, 391. CRIMINAL LAW. Appeal —Verdict — Review. 1. A verdict In n criminal prosectlon, based on conflicting evidence, will nat be disturbed on appeal. — State v. Ford, 1. / Instruction — I'resumptlon of Innocence. 2. The defendant in a criminal case Is always entitled to have the Jury take into consideration the presumption of Innocence which the law tlirows about him ; it ;o therefore the duty of the court to submit proper Instruc- tions upon this Bubject as a substantive part of the law. — State v. Howell, 3. Instruction— Jurorrj Individual Duty. 3. The refusal if the court In a criminal case to charge that each Juror should act upon bis own judgment, and should not surrender his ow^n con- viction, unless convinced, and that while he should discuss the evidence, and be open to conviction by argument, he should not surrender bis con- /M» °T^ merely because the majority were against him. was not error. K^m. JUSTICE MiLBviis disscntlng. )—&7arc v. Jlotcelh 3. Criminal Law. 589 Robbery — Instruction. 4. Und«ir»I*enal Cede, Bee. 300, defining robbery as the felonious taking of personal property In the possession of nnother from his person or imme- diate presence, and against his will, "accomplished" by means of force or fear, an instruction defining robbery in the same terms, except using the word *"accomp:i»Iod," is reversible error. — tit ate v. Johnson, 1). Homicide — Kvldence — Rea Gestae. m 5. In a trial for homicide occurring in a saloon a few hours after a con- flict between def.^ndant and deceased at another place, evidence of such conflict waa admissible to show motive, though not part of the res gestae and incidentally tending directly to establish against the defendant an- other and distinct oflFense, — where the cause and details are excluded, and the court expressly confines the Jury in their consideration of such evidence to the question whether It showed malice in the defendant at the time of the homicide. — State v. Hhafer, 11. Murder — Degrees — Instruction. 6. Where the f-vidence would warrant a verdict of guilty of any grade of unlawful homicide or of acquittal, it is error for the court to give to the Jury simply ihe statutory definitions of murder, murder of the first and second degrees, of manslaughter, and of Justifiable homicide, without any further declaration of the distinction between murder of the first and second degrees than is contained In the statute. — State v. Shafer, 11. Homicide — Self- Defense — Threats — Instruction. 7. Where, on a trial for murder, in .which the accused pleaded self- defense, it was shown that the deceased had previously threatened the accused, an instruction directing the Jury to disregard such prior threats unless the accused at the time of the killing was actually assailed, or be- lieved he was m great bodily danger, was erroneous. — State v. Shadicell, 5'i. Homicide — Self- Defense — Threats — Instruction. 8. On a prosecution for murder, where the defendant pleaded self-defense, the court instructed that threats by the deceased against the defendant should not be considered unless the defendant was actually assailed, or be- lieved he w^as in great bodily danger. This instruction was followed by another, authorizing the consideration of any threats the deceased may have made against the defendant, to enable the Jury to determine defend- ant's acts or the deceased's motives. Held, that the instructions were conflicting, and constituted reversible error. — State v. ShadiceU, 52. Homicide — Manslaughter — Instruction. 0. Where there was evidence tending to show defendant guilty of murder in the first degree, of murder in the second degree, and of manslaughter, it is the duty o' the court to instruct explicitly that a verdict for man- slaughter may be returned, manslaughter not being a degree of murder. — State V. Shddiccll, 52. Manslaughter — Self-Defense — Instruction. 10. The fact that the accused endeavored to show that the killing wis done In self-defease does not render an instruction authorizing a conviction of manslaughter unnecessary. — State v. Shadicvllj 52. 590 Criminal Law. Murder — Trial — Evidence. 11. On a second trial for murder It was not error to read the testimony of a deceased witness, including an erroneous ruling of the court on tHe evidence, where no olijection to the reading of the luiing was raised at the time.— ^7a^e v. Shadtrell, 52. Larceny — Evidence. 12. On a prosecution for grand larceny, that accused and others were fol- lowing the itiiif paries Of political speakers under a conspiracy to commit larceny, and that at a political gathering the prosecuting witness carried his purse in his left hand in his pocket, and, while In a crowd, feeling a tugging at his loft arm, recognized accused and an associate standing at his left, and aft?r going a distance of three blocks he discovered his purse was missing, is insuliicient to justify a conviction of accused for the par- ticular larceny. -*S7a/e v. Foster^ 71. Prosecutions — Appoiniraent of Counsel to Assist County Attorney. 13. I»oliticnl Code, Sees. 4aiH, 4319, providing that county officers, except county comml.^sioners and justices of the peace, may appoint necessary deputies for the prompt discharge of the duties of the oflBces, have no appli- cation to the appointment by the court of counsel to assist a county attor- ney in prosecuting persons charged with crime. — State v. Whitirorth, 107. Change of Venue — County Attorney. 14. Where a criminal cause Is removed to another cojnty, the attorney of the county to which the cause is removed must prosecute It. — State v. Wliittcorth, 107. Prosecutions — Appointment of Counsel to Assist County Attorney. 15. The .statu'^ps declaring who shall be charged w^Ith the duty of prose- cuting poisons charged with crime does not exclude power in the court to appoint counsel from members of the bar to assist In the prosecution.- - State V. Whitirorth, 107. Murder— P:vldence- Threats —Instruction. 16. In trial fop murder It appeared that deceased had threatened to kill "any Mis.sourian in the employ of V. who undertook to move hay on lllgh Tower ranch, ' and had made other threats against Missourians so em- ployed, and that defendant was a Missourlan, and employed on said ranch ; but the evidence also showed that at the time defendant struck the fatal blow he was not In immediate danger, but that he went up to deceased, who was stanaing in a threatening attitude over a friend of defendant, who was not shown to be a Missourlan, and who was on top of, and was fighting with, a friend of the deceased. Held, that it was not error to refuse to instruot that the jury should take such threats Into consideration In determining the nature of the attack made on defendant's friend, and what was the purpose of deceased and his friend In making such attack. — State v. Whitwnrth, 107. Perjury— Preliminary Examination. trate h* Preliminary examination for perjury before a committing ma^s- was ftw 7 ^^^ decree in the cause In which the alleged false testimony consider!^ fi ""^^^"^^ ^^ evidence, but the Judgment roll Is not admitted or material to ^^'*^^^<*e fails to show that the alleged false testimony was State r:r ^^i'^^,^ '^"® *° ^^® ^*"«®' *^<^ t^^e party cannot be held for trial. — ^ate ex rel. Donovan v. District Court, 275. Criminal Law. 691 Perjury — Ilabvas Cor/jus. 18. On hahcas corpus to secure the discharge of a prisoner held for per- jury, where the petition avers that the transcript of the evidence in the case In which tliC alleged false testimony was given contains all the evi- dence, and the prosecuting attorney does not controvert such allegation, but the transciMpt does not show that the judgment roll was admitted or considered, the court will assume that it was not received, and therefore will grant the \Mlt. — State ex rel. Donovan v. District Court, 27o. Homicide — Accompll-.-o — lividence. ]0. Where a witness in a homicide case, who is impeachable as an accom- plice, details certain incriminating statements made by the defendant before the commission o* the crime, and states tliat he repeated the conversations to others, his testimony as to when he did so is relevant and admissible on behalf of the Ftate as introductory of evidence which may be adduced to show whether the witness was an accomplice. — State v. Doison, SO."). Principals and Accessories. 20. The distinction recognized by the common law between principals and accessories before the fact is, by Penal Code, Sec. 41, abolished in Mon- tana.— State v. hotsojij 305. Principals and Accessories. 21. Kvldence reviewed and held sufficient to establish the fact that de- fendant— though not in person present when deceased was murdered — ad- vised and encouraged the commission of the murder, and hence sufficient to render the dciendnnt a principal under Penal Code, Sec. 41. — State v. Dot son, liOo. Evidence of (*onspirator. 22. Evidence of the act or declaration of a conspirator which relates to the conspiracy mi y, after proof of the conspiracy, be given against his co- conspirator.— St 'lie V. Dot son J 305. Circumstantial Evidence — Instruction. 23. An instruction requested by defendant, that, to warrant a verdict on a criminal charge on circumstantial evidence alone, the circmstances must be such as to i)roduce "nearly" the same degree of certainty as that which arises from dirjit testimony, and sufficient to exclude all reasonable doubt of guilt, Is bad, in being qualified by th« word "nearly," and ia properly refused. — State v. Dotson, 305. Credibility of Defendant's Testimony — Instruction. 24. Section 2442 of the I'enal Code provides that the jury in judging of the defendant's credibility and the weight to b« given to his testimony may take Into consideration the fact that he is the defendant, and the nature and enormity of the crime of which he Is accused. Held, that an instruction giving Section 2442, but which uses the word "must" in place of the statutory word "may," Is not erroneous, even though Section 2442 of the Penal <;ode of 1895 changed the word "shall" of the theretofore existing law to ' may." — State v. Dot son, 305. Corroboration of Testimony of Accomplice. 25. Under Penil Code, Sec. 2089, providing that a conviction cannot be had on an accomplice's testimony unless he is corroborated by other evi- 684 CoNsriTUTiON. Dismissal — Costs — Contempt. 3. Under the provisions of the Code of ClTil Procedure, on the dismissal, at cost of relator, of a writ of review to review an order In a contempt proceeding, such proceeding being special, defendant Is entitled to the fee paid by him for the judgment and minute entries Included In his return, and also for The expense of making the transcript, excepting certain pages consisting merely of recitals by defendant. — /State ex rel. HecUy v. District Court, 224. Contempt — Review. 4. On certiorari issued in aid of a writ of habeas corpus to secure the release of one committed for violation of a restraining order, the remedy by certiorari only authorizes the court to determine that the lower court had Jurisdiction of the Subject-matter and of the parties, and that it regularly pursued its authority, and does not authorize an examination of the eufli- clency of the evidence. — In re Petition of Boyle, 365. Costs. 5. Where, on habeas corpus, and certiorari In aid thereof to review an order of commitment in a contempt proceeding, relator naked that the evi- dence be certifl'jd up, defendant, on dismissal at the cost of relator, is en- titled to costs for the expense of transcribing the evidence into longhand. — In re Petition of Boyle, 365. Administrator — Party in Interest Aggrieved. 6. The administrator, in his private capacity, was not a party in interest aggrieved by rhe order requiring hira to turn over the property, and could not bring certiorari to have it reviewed. — State ex rel. Barker v. District Court, 369. Administration — Order of Partial Distribution. 7. rerfiorari/vlil not be granted to review^ an order for the partial dis- tribution of the (State of a decedent, since there is an appeal from such order. — State oj jc?. Leyson v. District Court, 378. CLERKS OF DISTRICT COURTS. Receipt of Money in Payment of Judgments. It is no part of the duty of the clerk of the district court to receive money in payment of judgments entered in the records of the court of which he Is an officer. — Matuscviiz v. Hughes, 212. CONSTITUTION. List of Sections Cited or Commented Upon. Article III, Section 7 15 Article III, Section 10. 161 Article III, Section 15 475 Article IV, Section 1 3U Article V, Section 30 36 Article V, Section 30 520, 521 Article VII, Section 20 68 Article VIII, Section 2 39, 535 Article VIII, Section 3 30, 491, 535 Article VIII, Section 11 534 CoNSTiruTiON. 586 Article VIII, Section IT. 30 Article XI, Secilon 4 6.) Article XI, Section 11 60 Article XI, Section I'J Go Article XIII. Section o 421), 431 Article XIII, Soctlon 0 472 Article XVI, Section 5 3»2 Article XVI, Section « 3i>2 Article XVII, ^-ectlon 2 fio Ordinance I, Subdivision 7 04 Information — Verification. 1. I'nder Constitution, Art. Ill, Sec. 7, and the provisions of the Penal Code of 189r>, a warrant may Issue on an information tiled by the county attorney by leave of court on a motion in writing not verified, and the information verified only on information and belief. — State v. Shafvr, 11. I'ublic Printing. 2. Advertisements for proposals to furnish supplies are not public print- ing within the hmguage or spirit of Section 30, Art. V, of the Constitu- tion.—**/afc ex rel. Robert Miiehell Furniture Co. v. Toole et al.j 22. Advertising for I'ronosnis for Supplies for the State. 3. I'olltical Cede, Sec. 7or». declares that, before any contract for the furnishing of supplies to the state is let, the state furnishing board must advertise for proposals for 20 daj's in two dally newspapers printed in the state. Constitution, Art. V, Sec. 30, ordains that all printing for the state shall be performed under contract to be given to the lowest responsible bidder. Held, that where an advertisement for proposals for the furnishing of supplies was not made in compliance with Section 705, but wag made only in a newspaper which had the contract for the public printing, and a contention that the publication w^as lawful because the advertisement was public printing was without merit. — State ex rel. Robert MitcJiell Fur- niture Co. V. Toole et ah, 22. Supreme Court— Printed Transcripts. 4. Under Constitution, Art. VIII, Sees. 2, 3, 15, giving the supreme court appellate Jurisdiction of all cases in law and equity, subject to such limita- tions and regu Lit ions as may be prescribed by law, and giving the legis- lature power to prescribe regulations and limitations, and declaring that writs of error nnu appeals shall be allowed from the decisions of the dis- trict court to the supreme court, under such regulations as may be pre- scribed by law. the legislature had no power to regulate the physical form of the pleadings and Instruments to be filed with the supreme court ; and the Act of March 9, 1901, Icnown as "Senate Bill 101," providing that transcripts on fippeal may be printed or typewritten, at the election of the appellant, is invalid.— i/ofv/f/n et al. v. Andru8 et al., 37: Miehener v. Fransham, 44. State Agricultural College — Disbursement of Income. 5. The funds rnd income derived from the grant were trust funds, to be dlHbursed through the agency of the state, and were not subject to Consti- tution, Art. VII, Sec. 20, providing that claims agninst the state other than for the salary or compensation of a public officer should be audited and allowed by the st^te board of examiners, and paid only on the warrant of the state auditor. — State ex rel. Koch v. liarretj 62. 586 Contempt. Gambling - (Mass Logislatlon. C. Conceding that Laws of 1901, p. 160, Stc. 2, punislies proprietors ot games of chnnv-e, while patrons of the game enjoy immunity, It is not imconstltutional as class legislation, no exception being made of the per- sons who fall within its operation. — Slate v. }Voadman, 348. Coimtlfs-IndebtedntT.s — Submission of Question to Klectors — Form of Ballots. 7. Constitution, Art. XIII, Sec. 5, prohibits any county from incurring any Indebtedness for any single purpose, exceeding $10,(M>0, without the ap- proval of a majority of the electors voting at an election to be provided by law. Politi.al (!<Kle, Sec. 4270, authorizes the county commissioners to submit such ini.^stlcm to 'vote. Section 4272 provides for the giving of notice of such election, and provides that the election shall be in the manner prescribed by law in regard to the subraisslon of questions under the gejieral election law. Section 4273 only requires that there shall be printed on the ballots the \sords "For the Loan" and "Against the Loan." livid, that ballots so printed In such«an election were sxifticient, without further specifying the purpose and nature of the proposed loan, a.s To- ut leal Code, Sec. 1354, requiring questions to be voted on to be presented to the people In such a manner as to enable them to vote thereon in the manner provided In the title in which the section is found does not apply thereto.— Ti/iArc? v. Gvilfin, 42G. Counties — Indebtedn'ss — Submission of Question to Klectors — Majority Uequired. S. Constitution, Art. XIII, Sec. Ti, prohibits counties from contracting an indebtedness fxt'oedlng $10,000, for any purpose, without the approval of a majority of the electors voting at elections to be provided by law. Po- litical Code, Sec. 4270, authorizes the county commissioners to submit such (luestion to vote. lIcUIj that a favorable majority of all the votes cast on the question of incurring the Indebtedness, at a general election at which the question is submitted, is sufficient to authorize tlie Indebtedness, though such majority is not a majority of all the electors voting at such election. —Tinkcl v. Griffin, 426. Taxation — Statute of Limitations. f). Compiled Statutes of 18X7, First Division, Section 42. Subdivision 2, as amended by Laws of 1803, page .lO, and Code of Civil l*ro<'edure of 18t).j, Section r»20, are not in conflict with Constitution, Art. V, Section 30. — Hoard uf Conntu Commisftionrra of Cuatcr Co. v. *SVoj7/, 517. C()NTKMI»T. Certiorari — Costs. 1. T'nder the ^irovlslons of the Code of Civil I'rocedure, on the dismissal, at cost of relator, of a writ of review to review an order In a contempt proceeding, such proceeding being special, defendant Is entitled to the fee paid by him tor the judgment and minute entries included In hi.n return, and also for the expense of making the transcript, excepting certain pages consisting merely of recitals by defendant." --*v/</fr ex rcl. Uealy v. Dintrict Court, 224. Certiorari — Ueview. 2. On certiorari issued in aid of a writ of habeas eorpun to secure the release of one (ommitted for violation of a restraining order, the remedy by certiorari only f.uthorizes the court to determine that the lower court had Corporations. 587 Jurisdiction of tlie Bubject-matter and of the parties, and tliat it regularly pursued Its authority, and does not authorize an examination of the suffi- ciency of the evidence.— /« re Petition of Boyh' 3(55. CONTINUANCK. Refusal — Absence of Defendant. It is not error l(u* the court to deny a motion for a contlnuace on account of the absence of the defendanat, where the defendant fails to show dili- gence.— Whalen el al. v. Harrison, 31 C. CONTRACTS. . Public ContractJj — L'aion Labor. 1. A contract entered Into by the accei)tance of a bid for public work, tendered pursuant to an advertisement limiting the rifjht to bid to persons employing, or who will in the future employ, union labor only, is void. — State ex rel. liobvrt MiicheU Furniture Co. v. Toole ct al., TJ,. Public Contracts. 2. An absolutely void contract cannot be made valid by tue failure of public officers lo object to It upon the proper ground. — State ex rel. Robert Mitchell Furniture Co. v. Toole et al.', 22. Public Contracts — Advertising for lilds. 3. Where advertising for bids Is a statutory requirement, neither the municipality nor its agents can make a contract binding upon it without compliance with the formalities so prescribed. — State ex rel. Robert Mitchell Furniture Co. v. Toole et al., 22. Public Contracts — Advertising for Bids. 4. Political Code, Sec. 705, declares that, before any contract for the furnishing of supplies to tne state is let, the state furnishing board must advertise for proposals for 20 days in two daily newspapers printed in the state. Constitution, Art. V, Sec. 30, ordains that all printing for the state shall be performed under contract to be given to the lowest responsible • bidder. Held, that where an advertisement for proposals for the furnishing of supplies was not made In compliance with Section 705, but was made only In a newspaper which had the contract for the public printing, and a contention that the publication was lawful because the advertisement was public printing was without merit. — State ex rel. Robert Mitchell Fur- niture Co. V. Toole et al., 22. Against Public Policy. 5. Where bidders for a school building, after the rejection of their sepa- rate bids and consultation with the members of the board, agree to reduce their bids, and that In consideration of a bonus part of the bidders would let another have the contract for furnishing stone, pursuant to which they procure the contract without readvertlsement, such agreement Is void, as against public policy, and affords na basis for an action by one of such bidders against the other. — Whalen et al. v. Uarrivon, 310. CORPORATIONS. See Mines and Mixixc;, 1, 2. PlUXCirAIi AND AdENT, 3, 4. 588 Criminal Law. » t'OlNTIKS. As to indebtedness of counties, see CNjxstiti'tiox, 7, 8. , COT NT Y ATTOKXEY. rrosectlons for Crime — Change of Venue. 1. Where a ciiminal cause is removed to another county, the county attorney of the county to which the cause is removed must prosecute it. — titate V. Whitirorlh, 107. Prosecutions — Appointment of •Counsel to Assist County Attorney. 2. I*olitical Codo, Sees. 4'.i\H, 4311), providing that county officers, except county commissi )ners and Justices of the peace, may appoint necessary deputies for the prompt discharge of the duties of the office, have no appli- cation to the appointment by the court of counsel to assist a county attor- ney in prosecuting persons charged with crime. — State v. Whiticorth, 107. Prosecutions — .Appointment of Counsel to Assist County Attorney. .'i. The statutes declaring who shall be charged with the duty of prose- cutlng persons diarged with crime does not exclude power in the court to appoint counHel from members of the bar to assist in the prosecution. — Htutc v. Whittrorth, 107. COUNTY AnUTOK. Creation of Office — Statutes — Itepeal. The office of county auditor in counties below the third class was abolished by Act of March 18, 1895 (i*olitical Code. Sec. 4312), which amended the original Code Section 2U22, and repealed in part Section 1 ot the Act of March 7, 1801 (Political Code, Sec. 4r>60), hence Missoula county was not entitled to elect an auditor in 1808. — Htalc ex vcl MnOinnisa v. Dickinson, 391. CUIMINAL LAW. Appeal —Verdict — Uevlew. 1. A verdict lu n criminal prosection, based on conflicting evidence, will ncft be disturbed on appeal. — State v. Ford, 1. Instruction — I'resumptlon of Innocence. 2. The defendiiiit in a criminal case is always entitled to have the Jury take into consideration the presumption of innocence which the law throws about him: it ;.{ therefore the duty of the court to aubmit proper instruc- tions upon this subject as a substantive part of the law. — State v. Hotcell, 3. Instruction — JurorV, Individual Duty. 3. The refusal if the court in a criminal case to charge that each Juror should act upon his own Judgment, and should not surrender his own con- viction, unless convinced, and that while he should discuss the evidence, and be open to conviction by argument, he should not surrender his con- victions merely because the majority were against him, was not error. (Mr. JrsTiCE .^Iillirx dissenting.) — State v. lloxcell, 3. Criminal Law. 589 Robbery — Instruction. 4. Uncl*»»I*enal (^cde, Sec. 390, defining robbery as the felonious taking of personal property in the posseflslon of another from his person or imme- diate prenence, and against his will, "accomplished'* by means of force or fear, an instruoiion defining robbery in the same terms, except using the word "accompii^'lod," is reversible error. — titate v. Johnson, 0. Ilomiclde — Kvidence — Res Gegtae. 5. In a trial for homicide occurring in a saloon a few hours after a con- flict between def^^ndant and deceased at another place, evidence of such conflict waq admissible to show motive, though not part of the res gestae and incidentally tending directly to establish against the defendant an- other and distinct offense, — where the cause and details are excluded, and the court expresisly conflnes the Jury in their consideration of such evidence to the question whether it showed malice in the defendant at the time of the homicide. — »S7afc v. Shafcr, 11. Murder — Degrees — lUBt ruction. 6. Where the evidence would warrant a verdict of .guilty of any grade of unlawful homicide or of acquittal, it is error for the court to give to the Jury simply the statutory deflnltions of murder, murder of the first and second degrees, uf manslaughter, and of Justifiable homicide, without any further dechiraclon of the distinction between murder of the first and second degrees than is contained in the statute. — State v. Chafer, 11. Homicide — Self- Defence — Threats — Instruction. 7. Where, on a trial for murder, in .which the accused pleaded self- defense, it was shown that the deceased had previously threatened the accused, an instruction directing the Jury to disregard such prior threats unless the accused at the time of the killing was actually assailed, or be- lieved he was m great bodily danger, was erroneous. — 8tatc v. Shadwell, 32. Homicide — Self- Defense — Threats — Instruction. 8. On a prose-'^ution for murder, where the defendant pleaded self-defense, the court instructed that threats by the deceased against the defendant should not be considered unless the defendant was actually assailed, or be- lieved he was in great bodily danger. This instruction was followed by another, authorizing the consideration of any threats the deceased may have made against the defendant, to enable the Jury to determine defend- ant's acts or the deceased's motives. Held, that the instructions were conflicting, and constituted reversible error. — State v. Shadicell, 52. Homicide — Manslaughter — Instruction. 9. Where there was evidence tending to show defendant guilty of murder in the first degree, of murder in the second degree, and of manslaughter, it is the duty of the court to instruct explicitly that a verdict for man- slaughter may be returned, manslaughter not being a degree of murder. — State V. Shddircll, 52. Manslaughter — Self- Defense — Instruction. 10. The fact that the accused endeavored to show that the killing wis done in self-deft^nse does not render an instruction authorizing a conviction of manslaughter unnecessary. — State v. ShadicvU, 52. 590 Criminal Law. Murder — Trial — Evidence. 11. On a second trial for murder it was not error to read the testimony of a deceased witness, including an erroneous ruling of the court on the evidence, where no objection to the reading of the lullng was raised at the time.—^tatc v. Shadtccll, 52. Larceny — Evidence. 12. On a prosecution for grand larceny, that accused and others were fol- lowing the Itincrnries 6t political speakers under a conspiracy to commit larceny, and chat at a political gathering the prosecuting witness carried his purse in his left hand in his pocket, and, while In a crowd, feeling a tugging at his >ft arm, recognized accused and an associate standing at his left, and nftor going a distance of three blocks he discovered his purse was missing, is msutticient to justify a conviction of accused for the par- ticular larceny. -Kfa^e v. Foster, 71. rrosecutions — Appointment of Counsel to Assist County Attorney. 13. rolitical Code, Sees. 4318, 4310, providing that county officers, except county commI.-«sioners and justices of the peace, may appoint necessary deputies for the prompt discharge of the duties of the offices, have no appli- cation to the appointment by the court of counsel to assist a county attor- ney in prosecuting persons charged with crime. — State v. Whiticorth, 107. Change of Venue — County Attorney. 14. Where a criminal cause is removed to another cojnty, the attorney of the county to which the cause is removed must prosecute It. — State v. W?iiticorth, 107. Prosecutions — Appointment of Counsel to Assist County Attorney. 15. The statutes declaring who shall be charged with the duty of prose- cuting persons charged witli crime does not exclude power In the court to appoint counsel from members of the bar to assist in the prosecution.- — State V. Whiticorth, 107. Murder — Evidence — Threats — Instruction. 16. In trial for murder it appeared that deceased had threatened to kill *'any Missourian In tlie employ of V. who undertook to move hay on High Tower ranch, ' uud had made other threats against Missourlans so em- ployed, and that defendant was a Missourian, and employed on said ranch ; but the evidence also showed that at the time defendant struck the fatal blow he was not in Immediate danger, but that he weht up to deceased, who was standing in a threatening attitude over a friend of defendant, who was not shown to be a Missourian, and who was on top of, and was lighting with, a friend of the deceased. Held, that it was not error lo refuse to instruct that the jury should take such threats into consideration in determining the nature of the attack made on defendant's friend, and what was the purpose of deceased and his friend in making such attack.— State V. Whitworth, 107. Perjury — Preliminary Examination. 17. On a preliminary examination for perjury before a committing magis- trate, where the decree in the cause in which the alleged false testimony was given is offered in evidence, but the judgment roll is not admitted or considered, the evidence fails to show that the alleged false testimony was material to any issue In the cause, and the party cannot be held for trial. — State ex rcl. Donovan v. District Court, 275. Criminal Law. 591 Per j u ry — JI ahvus Coi /> us. 18. On hahvas corpus to Hpcure the discharge of a prisoner held for per- jury, where the petition avers that the transcript of the evidence In the case In which ti.e alleged false testimony was given contains all the evi- dence, and the prosecuting attorney does not controvert such allegation, but the transcrl))t does not show that the Judgment roll was admitted or considered, the court will assume that it was not received, and therefore will grant the wilt. — iritntv ix rcL Donovan v. District Court, li7.'). Homicide — Accompli-.'c — Kvldence. 19. Where a witness In a homicide case, who is impeachable as an accom- plice, details jertaln Incriminating statements made by the defendant before the commission of the crime, and states that he repeated the conversations to others, his testimony ns to when he did so is relevant and admissible on behalf of the Ftate as introductory of evidence which may be adduced to show whether the witness was an accomplice. — 8tat€ v. Dotson, SO.!. Frlttdpals and Accesssories. 20. The distinction recognized by the common law between principals and accessories before the fact is, by I'enal Code, Sec. 41, abolished in Mon- tana.— i^tatc v. Dotson, llO'}. Principals and Accc»s.sorles. 21. Evidence reviewed and licld sufficient to establish the fact that de- fendant— though not in person present when deceased was murdered — ad- vised and encouraged the commission of the murder, and hence sufficient to render the (iexendant a principal under I*enal Code, Sec. 41. — State v. Dotson, 3(K">. Evidence of Conspirator. 22. Kvidence of the act or declaration of a conspirator whlcli relates to the conspiracy nu y, after proof of the conspiracy, be given against his co- conspirator.— i<t'tt(' V. Dotson, 30.'>. Circumstantial Kvidence — Instruction. 23. An instruction requested by defendant, that, to warrant a verdict on a criminal charge on circumstantial evidence alone, the drcmstances must be such as to produce "nearly" the same degree of certainty as that which arises from dlrKt testimony, and sufficient to exclude all reasonable doubt of guilt, Is bad, in being qualified by the word "nearly," and Ifl properly refused. — State v. Dotson, 30o. Credibility of Defendant's Testimony — Instruction. 24. Section 2442 of the I'enal Code provides that the Jury In judging of the defendant's credibility and the weight to be given to his testimony may take into consideration the fact that he is the defendant, and the nature and enormity of the crime of which he is accused. Held, that an instruction giving Section 2442, but which uses the word "must" in place of the statutory word "may," is not erroneous, even though Section 2442 of the Penal Code of 1805 changed the word "shall" of the theretofore existing law to * may." — State v. Dotson, 305. Corroboration of Testimbny of Accomplice. 2o. Under Peml Code, Sec. 2089, providing that a conviction cannot be had on an accomplice's testimony unless he is corroborated by other evl- 692 Criminal Law. dence which in itself tends to connect accused with ihe commission of tlie offense, corroborating evidence tending to establish, independently of the accomplice's statements, the commission of tiie offense and accused's coa> nection therewith, is sufflclent, though, if the accomplice's testimony were not considered, *he corroboratiag evidence would be insufficient to convict. — f;ta1i' V. StevuHUi, :5.'J2. Larcenj' — Kvldence. 2(J. Where, by a prearranged plan, accused and his associates were to commit a larceny, and sell the propertj', possession of the property by the associates pui'suant to the criminal purpose may be properly considered against accused, as any incriminating act or statement done or made by one of the parties to a criminal conspiracy during the pursuit of the com- mon purpose Is competent against the others as res (jvHtac. — State v. 8tc- vvuHon, 332. Larceny — Evidence — Instruction. 27. On a pro.s'c.itlon for larceny of five horses pursuRnt to a prearranged plan to collect a band of horses and sell them, an instruction referring to possession of the stolen property generally, and not to that alleged In the information, is not prejudicial, though erroneous, where the evidence tended to show tn.at the w^hole band, including the five horses described in the Information, was stolen and went into the acfial possession of ac- cused.— iitaie v. Btevenaon, 332. Gambling — Sentence. 28. Penal Code 1893, Sec. 2224, which permitted the court in every case where a defendant, on a conviction of crime, was adjudged to pay a flne» to also imprison him until both fine and costs were Batlstied, not exceeding one day for every $2 of the fine and costs, was not in any manner repealed by Laws 1897, p. 81, providing for the imprisonment of one convicted ot gambling until the fine and costs were paid, not exceeding five years In the state penitentiary, for the latter act did nothing more than exempt Judg- ments on convictions of gambling from the operation of the general law ; and hence, after its repeal, a person convicted of gambling was properly sentenced under the general law. — State v. Towner, 339. Gambling — Sentence. 29. Penal Code 189r», Sec. 2224, permitted the court in every case where a defendant, on conviction of crime, was adjudged to pay a fine, to also imprison him *'nntll the fine and costs were satisfied," not exceeding one day for every $2 of the fine and costs. Laws 1901, p. 167, Sec. 2, provided for the punishment, on conviction of gambling, by a fine and "imprisonment until the fine and costs were paid."- Held, that the word "paid" in the latter act was synonymous with the word "satisfied" as used in the general act, and hence a person convicted of gambling could be Imprisoned not to exceed one day for every $2 of the fine and costs. — State v. Toirner, 33J). Sentence — Payment of Fine — Imprisonment on Default. 30. A person cannot complain that he has been committed for a shorter time than the maximum authorized by law In default of the payment of the fine and costs assessed against him on conviction of a crime. — State v. Toicncr, 339. Gambling — Constitutional Law. 31. Conceding that Laws of 1901, p. 160, Sec. 2, punishes proprietors of games of chance, while patrons of the game enjoy immunity, it Is not un- Elections. 593 constitutional is class legislation, no exception being made of the persons who fall within its operation. — Utate \. Woodman, 348. CJambllng— -Nickel \:\ the Slot Machines." 32. Laws of 19')1, p. 1(56, Sec. 2, prohibits the conduct of games of chance, and, among others, that of running a nickel in the slot machine, "for money, checks, credits, or any representative of value, or for any property or thing whatever." Held, that a nlc)cel in the slot machine, involving la its operation the element of chance as to whether the player obtained in cigars more or U*ks than the value of his money, was prohibited thereby. — • kitatc V. ^Yoodman, 348. Appeal — Kscape — Alnence from Jurisdiction. 33. Where one convicted of murder appealed, and thereafter escaped and fled l)eyond the jurisdiction ,of the court, the appeal should be dismissed on condition ihat, if he surrender himself within a stated time, the appeal would be rAiaiated. — IStaie v. Dvmpavj/j 504. DAMAGES. Measure of Damages — Instruction. In an action for injuries resulting from a defective street, a charge that the Jury may take into consideration as an item of damages the probable consequences, ho far as proved, of the personal injuries received by the plaintiff, if any are proved, Is proper. — Snook v. City of AnacondOj 128. DKMAND. See Waivfk, 2. Trust — Suit to Enforce — Costs. Where plaintiff is entitled to a portion of the proceeds of land sold by the owner of the legal title, no demand is necessary before suit, in order to entitle plaintiff to costs, even though no trust relation exists between the parties. — Choiccn v. Phelpa ct al., 524. DIVORCE. Appeal— Temporary Alimony. The supreme court is without power, either inherent or constitutionally conferred, io allow temporary alimony or suit money pending an appeal lii a divorce case. — Bordeaux v. Bordeaux, 533. EASEMENTS. See W-\TKtt UlGHTS, 1. ELECTIONS. Counties — Indebtedness — Form of Dall<Jt. 1. Constitution, Art. XIII. Sec. 5, prohibits any county from incurring any indebtedness for any single purpose, exceeding $1 0,000, without the approval of a majority of the electors voting at an election to be provided by law. Political Code, Sec. 4270, authorizes the county commissioners to submit such question to vote. Section 4272 provides for the giving of Vol. XXVI-38 594 Eminent Domain. notice of such election, and provides that the election shall be in the man- ner prescribed b> law in ref^ard to the submission of questions under the general election lew. Section 4273 only requires that there shall be printed on the ballots the words "For the Loan" and "Against the Loan." Held, that ballots so printed in such an election were sufficient, without further specifying the purpose and nature of the proposed loan, as rolltlcal Code, Sec. 1354, requiring questions to be voted on to be presented to the people in such a mau.ier as to enable them to vote thereon in the manner pro- vided in the title in which the section is found does not apply thereto. — Till Ac/ V. Griffin, 42G. Counties — Indebtedatss— Majority Uequlred. 2. Constitution, Art. XIII, Sec. Ti, prohibits counties from contracting an indebtedness exceeding ^'lO.ooo, for any purpose, without the approval of a majority of the electors voting at elections to be provided by law. l*o- lltical Code, Sec. 4270, authorizes the county commissioners to submit su**h question to vole. UihJ, that a favorable majority of all fhe votes cast on the question of incurring the indebtedness, at a general election at which the question is Si'ibmitted, is sufficient to authorize the indebtedness, though such majority is not a majority of all the electors voting at such election- — Tmkcl V. Griffin, 426. KMINENT DOMAIN. Condemnation of Water lUghts — City Water Supply. 1. Political 'ode. Sec. 4800, as amended by Laws of 1897, p. 203, gives a city the right to acquire by condemnation proceedings water rights for the purpose of esta!)Iishing a water supply system. — City of Helena v. Rogan et ah, 452. Condemnation of Water Itlghts — Venue. 2. T*nder Code of Civil l*ro<'cdure. Sec. tUO, requiring that actions for the recovery of real property or an interest therein, or for injuries thereto, shall be tried in the county in whicli the subject of the action or part thereof is situaied, and Section 221 (», providing that condemnation pro- ceedings shall b» brought in the district court of the county In which the property is situated, proceedings to condemn water appropriated for Irri- gation purposes may l)e brought and tried in the county in which the land is situated, though the water is to be taken lu another county. — Citi/ of Helena v. Royan el al., 4r>2. , Condemnation of Water Kights— City Water Supply— Complaint. 3. A complaint by a city for the condemnation of water rights in a stream for a water supply is not defective for failing to allege that it has a riglit of way to the stream, or that it w^ili be able to get one. — City of Hclctta V. Rogan et al., 452. Condemnation Procee^lings. 4. Condemnation proceedings are statutory, and a strict compliance with the requirements of the statute is necessary. — City of Helena v. Rogan vt ah, 452. Condemnation of Water Rights— Complaint. 5. A complaint by a city for the condemnation for a water supply of water rights in a stream, alleging that defendants "claim to be the owners of Evidence. 695 and entitled to the right" of a designated quantity of water of the stream "for irrigating piirpoBes" In a certain county, is fatally defective for fail- ing to describe the lands, the number and size of the ditches thereon or appurtenant ihereto, and the place of diversion, though It would Involve great labor and expense to so describe the property. — Citp of Helena v. lioyan vt al., 4r>2. Condemnation of Waier Rights — I*ublic Use — More Necessary Use. 6. Under Code of Civil Procedure, Sec. 2214, Snbd."3, providing that, be- fore property already appropriated to some public use can be talcen under the right of ominent domain, It must appear that the publ ." use to which it is to be app'iod is the more necessary use, water appropriated for Irri- gation purposes may be condemned for the purpose of procuring a city water supply, where the use for which it is to be taken is more necessary than the existing use. — City of Helena v. Royan ct al., 452. Condemnation of Water Rights — More Necessary Use — Complaint. 7. A complaint in proceedings to condemn for a city water supply water already appropriated to a public use must allege facts which show that the use for wlilch the water is to be talcen is more necessary than the existing use. the relative degrees of necessity being a question for Judicial determination. — City of Helena v. Rogan et at., 452. Condemnation of Water Rights — City Water Supply* — Complaint. 8. Quaere: In a proceeding by a city for tlie condemnation of water riglits for a water supply, is a complaint good which does not stato facts sufficient to show the court that it Is impossible for the city to appropriate an ample supply from the unappropriated waters of the stream? Quaere: In a proceeding by a city for condemnation of water rights for a water supply, is a complaint or decree good if it employ only the word "Inches" in relation to the measurement of water? — City of Jlehna v. Royan ct al., 452. EQUITY. Inspection and Survey of Property— Jurisdiction. 1. Kqulty has no Jurisdiction, independent of statute, and in the absenc^e of a suit, to order inspection of property. — State ex rel. Anaconda Copper Min. Co. V. District Court, 396. Divorce. 2. In Montana an action of divorce is a suit in equity. — Bordeaux v. Bor- dcauw, 533. Appeal — Review. 3. Questions of law only are presented on appeal, even where the relief sought is equital)le In character. — Bordeaux v. Bordeaux, 533. EVIDENCE. Homicide — Motive — Malice. 1. In a trial for homicide occurring in a saloon a few hours after n con- flict between defendant and deceased at another place, evidence of such conflict was admissible to show motive, though not part of the res ycstae and Incidentally tending directly to establish against the defendant an- 596 Evidence. oth4^r and distinct offense, — wiiere the cause and details are excluded, and the court ezpres»ly confines tlie jury in tlieir consideration of such eridence to tiie question wbetlier it sliowed malice in the defendant at tbe time ot the homicide. — Htale v. Hhafer, 11. Agency — Contract — Uitificatlon. 2. Where plaintiff sought to recover for medical services rendered to em- ployes of a mining corporation by virtue of a contract with the manager and secretary, testimony by a physician, whom plaintiff bad called to his assistance, that he was paid by a cbeclc on some part of which appeared the name of the corporation, and that it was his impression that it was signed by the foiporation, "per some one else's order/* waa not sufficient evidence of a ratification by the corporation of the secretary's contract. — jS'pefwi an v. Gold Coin Mininy d Milling Co., 76. Agency — (*ontract — hatlfication. 3. A creditor of a mining companj' sought to have its president execute a bill of sale for certain machinery purchased from defendants. Tbe presi- dent refused, but referred the creditor to the company's superintendent, who executed iiu.'h bill, signing it as manager of the company. The di- rectors of the company, with the exception of the president, resided in another state, and the president had the general management of its affairs within the state. The creditor testified that he informed the president tbat the bill had been executed, and that the president knew the character ot the transaction, but did not want it known that he was cognisant of tbe transaction, and that he was in the immediate vicinity when the creditor took possession of the property. Defendants sned, and attached the Aa- chinery as the property of the company. Held, that the evidence of the ratification of the bill of sale by the corporation was sufficient to Justify the court in submitting that question to the jury, together with the bill of sale. — Trent d al. v. Sherlock, 85. Action Against City for Damages Resulting from a Defective Street. 4. Where, in un action against a city for damages resulting from a de- fective street, it is admitted that the city, through its mayor and council and police, had personal knowledge of the defect before the accident, the error, if any, '.u tidmitting evidence that the overseer of streets said several days after the accident that he knew of the defect, and had intended to repair it, was w'thout prejudice. — Snook v. dtp of Anaconda, 128. Judgment — Intent io Appeal. 5. Where, in an action to restrain defendants from removing ore from a certain vein .on a motion for injunction pendente lite, it is shown that in a prior action between tbe parties judgment is entered that defendants are owners of the voin and ore, the court may consider such judgment in deter- mining such motion, though the time for appeal has not elapsed, and plaintiff intends to appeal therefrom — Boston d Montana Vonsol. V. d S. Mining Co. v. Montana Ore Purchasing Co. et al., 146. Hearsay and Incompetent Evidence. 6. It is reversible error for the trial court to overrule a motion to strike out hearsay and Incompetent evidence. — Matuacvitz v. Hughes, 212. Cliaracter Evidence. 7. If a witness shows himself to have been for a long time in a position to know and hear what neighbors say about a person, and he has never heard the character of such person questioned or talked about, this fact ts Executors and Administrators. • 597 competent evid^*nce tending to prove good character of such person. — - Matusevitz v. lluuhes, 211!. Incompetent Kvlden'.'e. 8. A written leceipt given by the district court derli for certain money alleged to have been paid upon a Judgment, Is not competent evidence to prove that the judgment creditor got the money. — Matusaits v. HughcSj *2l 2. Action on Note Secured by Mortgage. 0. Wliere. in an- action on a note, the court had admitted evidence that the note was secured by a mortgage. It was error to refuse to receive evidence that the mortgage was second to anotlier, which had been fore- closed, that the property had been sold, and the time of redemption from such sale had cxiJred. — lirophy v. Dotcncy ct ux., 252. Homicide — Accomplice. 10. Where a ^^Itncs.s in a homicide case, who is impeachable as an ac- complice, details certain incriminating statements made by the defendant before the commission of the crime, and states that he repeated the con- versations to others, his testimony as to when he did so is relevant and admissible on lehalf of the state as introductory of evidence which may be adduced to show whether the witness was an accomplice. — State v. Dot son, 30,"). Criminal Law- - lOvldence of Conspirator. 11. Evidence of the act or declaration of a conspirator wnich relates to the conspiracy may, after proof of the conspiracy, be given against bis co-conspirator. — State v. JJotson, 305. Criminal Law — rrodlt)llity o' Defendant's Testimony. 12. Section 2442 of the I'enal Code provides that the jury In judging of the defendant's credibility and the weight to l)e given to his testimony mrii/ take into cinsideratlon the fact that he is the defendant, and the nature and enoi-mlty of the crime of w^hicli he is accused. HvUl, that an instruction giving Section 2442, but which uses the word "must" in place of the statutory word "may," Is not erroneous, even though Section 2442 of the IVnal ( ode of 1805 changed the word "shall" of the theretofore existing law to ' may."- State v. Dotaon, 305. Larceny — Conspiracy - Possession of Associates — lies (Jcstac. 13. Where, by a prearranged plan, accused and his associates were to commit a larceny, and sell the property, possession of the property by the associates pursuant to the criminal purpose may be properly considered against accused, as any incriminating act or statement done or made by one of the parties to a criminal conspiracy during the pursuit of the com- mon purpose Is competent against the others as jt» (jcstac. — State v. Ste- venson, 332. i]xi:ci:t(>us and administuatoks. Sale of Real ICstate— Notice to Heirs. 1. Real estate of a decedent was sold by an administrator under order of the probate co>irt. Thereafter certain persons claiming to be heirs of the deceased, and therefore entitled to a share in the land, claimed their share 598 . Executors and Administrators. of the proceeds (f the property from the administrator on t*a ground that they had no uo:ice of the sale, or of the proceedings therefor ; and, he hav- ing refused to pay them, their claim was paid by the purchaser, whereupon he sued the administrator and his sureties to recover the amount so paid. the complaint alleging that there was no mention made of the alleged heirs, or of their claims, at any time or anywhere In the probate proceed- ings or record. Held that, since the administrator was not required to take notice of :ho claims of such heirs until their heirship had been estab- lished as presci'ibed by (.'ode of Civil Procedure. Title XII, Chap. 10, Art. II, and the complaint alleged that no sucli proceeJIngs had been had, plaintiff was not entitled to recover. — Kirk ct al. v. liakcr et al., 190. Settlement of Accounis — Appeals. 2. Code of «'lvll Procedure. Sec. 1724. declares that an appeal is taken from an order by filing a notice stating the appeal from the same, or some Kpecific part ih*»reof. In a proceeding to settle an estate, the court made an, order settling *lie administrator's account, and he appealed, complaining of that part of the order disallowing two certain Items, and also a portion thereof directing him to deliver certain stock to a special administratrix. Heading a recital in the lirst paragraph of the notice of appeal, with each of the other thn^e paragraphs, which were numbered in consecutive order, there was a separate notice of appeal for each part complained of. HrUl not an appeal from the order as a whole, but separate and distinct appeals from the different parts thereof. — In re liarker'a EHiatc, 211). Settlement of Acoujits —Appeals. 3. An order Sv^ttling an administrator's account, disallowing two certain Items, and directing him to deliver certain stock to a special administra- trix, though Included in one jiaper, is In effect several distinct and separate orders, and, though embraced In one notice- of appeal, will be so treated for the purposes of the appeal. — In re Barker's Entalr, 270. Settlement of Accou.its. 4. I'nder Code of Civil I'rocedure, Sec. 27l>:{, providing that on the day appointed any j^erson interested in an estate may file exceptions to an ad- ministrator's account and contest It. the allowance of an Individual claim of an administrjitor against the estate is not conclusive, but the parties interested may (i.nttst it when his account Is presented. — In re Barker's K Hi ate, 270. Rejection of Claims — Appeals. 5. Code of Civil Procedure, Sec. 2008. providing that, where a claim against an estate is rejected, the holder must bring suit within a certain time or be barrod, provides an exclusive remedy, and an order disallowing the claim is not (•])pealable ; Code of Civil Procedure, Sec. 1722, and Session I-aws 1800, p. 14G, enumerating appealable ordci*s, not providing for such appeal.— In re J'orker'H Estate, 279. Order Disallowing Administrator's Individual Claim — Appeal. 6. I'nder Code of Civil Procedure, Sec. 1721, providing that "a party ag- grieved may appeal," etc., a person, In his capacity as administrator, cannot appeal from nn order disallowing his individual claim against the estate, and on such an appeal his individual rights will not be considered. — Jn re Barker's Estate, 279. Fraudulent Conveyances. 599 Xon-ApiH^alable Order. 7. An appeal will not lie from an order directing an administrator to turn over certain assets to his successor on resignation or removal. — In re Harker'8 Estate, 279. Settlement of Accounts — Power of Court. 8. Obiter: Upon the settlement of administrators' accounts the district court has no power to adjudicate and finally determine questions of title between the estate and third parties. — In re Barker's Estate, 270. Settlement of Acco>nts — Jurisdiction. 1>. The district court, in settling the account of an administrator, had jurisdiction to rfquire him to turn over to the special administratrix cer- tain property which had come into liis possession in his representative capacity, though there was a dispute as to the ownership of the property, the administrator claiming It in ills private capacity as agent for a thirij party. — tatate c.r rel. liarker v. District Court, 'M\U. Order ot Court — Adaiinlstrator — Certiorari. 10. The administrator. In his private capacity, was not a party in Interest aggrieved by the order requiring him to turn over the property, and could not bring eertio'ari to liave it reviewed. — t^tate ex rel. Barker v. District Court, 369. Order of Partial Distribution — Certiorari. 11. Certiorari will not be granted to review an order for the partial dis- tribution of the estate of a decedent, since tliere is an appeal from such order.— titaie ex ret. Leyson v. District Court, 378. riNl)I.N(;S. implied landings. Implied findings may supplement, but they cannot be allowed to contradict, express findings. — Coieell v. May et al., 163. FiiAiT)i;r.i:NT (h:)N'vi:yanc:ks. * Action to Set Aside— Complaint. 1. Where, in .an action to set aside a conveyance of both real and per- sonal property as fraudulent toward creditors, the complaint does not show that plaintiff has a lien on such property, it fails to state a cause of action for such relief, and an objection to the admission of any evidence there- under should be sustained. — W'yman et al. v. Jensen et al., 227^. Action to Set Aside— Complaint. 2. AYliere, In an action by a judgment creditor to set aside an assignment by the debtor of real estate as fraudulent as to plaintiflP, the complaint falls to give the location of such real estate or any uescrlption thereof, other than tliat it does not exceed a specltied value, an objection to the admission of any evidence should he sustained ; the complaint failing to disclose a lien in favor of the judgment creditor. — Wyman et al. v. Jensen et al., 227. 600 Garnishment. Action to Set Aside — Complaint. 3. Under Code ot Civil Procedure of 181)5, Section 111»7, providing that a judgment becomes a lien on realty from the time it is docketed, a com- plaint by a judgment creditor to set aside his debtor's conveyance of realty as fraudulent, which does not allege the docketing of the creditors judg- ment. Is Insufflci .»nt.— iri/ma« ct al. v. Jensen vt aL, '^27. Complaint — Appeal — Amendment. 4. Where, In an action by a judgment creditor to set aside a fraudulent convevance by ilie debtor, a judgment for plaintiff is reversed because of the Insufficiency cf the complaint, the trial court should permit plaintiff to amend— IVi/mari ct al. v. Jensen ct al., 227. GAMIJLINCJ. See CiUMiNAL Law. garnisiimi:nt. Contingent Liability— Liability of Garnishee. 1. In order lo charge a garnishee, there must be at the time of the ser- vice a debt due <ir to become due, and not a contingent liability or a coa- dltlonal contract merely. — Coiccll v. May it al., 163. Contingent Liability —Liability of Garnishee. 2. One whose land had been sold under foreclosure, and against whom a deficiency judgment had been entered, contracted to sell his equity to the purchaser on the foreclosure for a certain sum. If the purchaser would secure and deliver to the debtor a receipt from the judgment creditor for all sums due him from the debtor. The debtor executed a deed, and de- posited It In escrow, to be delivered to the purchaser on the delivery of the receipt, and the payment of the balance of the purchase price, ?10 beinif paid at the time. Prior to any delivery of the receipt or any waiver of the same on the part of the debtor, the execution purchaser was served witn garnishment process at the suit of tlie judgment creditor. HcUi, that the purchaser was not liable, his liability to the debtor having been merely contingent. — Cowell v. May ct al., 163. Liability of Garnishee — Evidence. 3. It was proper to admit evidence showing that after service of the gar- nisliment proce.is, the deed in escrow was destroyed, and another one made, and the entire consideration paid, for the purpose of showing what the origl al terms of the contract were at tlie time the process was served. — Cow ell V. May *,/ ah, 163. Findings. 4. The trial court having found the facts as to the contract as originally made, and that there had been no delivery of the receipt, or waiver thereT>ft findings to the effect that the destruction of the deed in escrow after ser- vice, and the giving of another deed, and the payment of the consideration, were for the purpose of evading the garnishment process, could not aid the plaintiff. — Cowell v. Man et til., 163. Merchandise Capable of Manual Delivery. .'. T'nder Code of Civil Procrdure (Compiled Statutes of 1887), Section IKG. and Code of Civil I'rocedure of 1805, Section 1218, the mere garnish- Homicide. 601 nient of the I'raiiduleut assignee of the stot'k of merchandise — capable of manual delivery — of the judgment debtor by the Judgment creditor does not create a lien on such merchandise. — Wyman rt al. v. Jensen ct a?., 227. GlAltDIAN AND WARD. Sale of Ileal Estate— Special IJond. 1. I'robate Pr-iotice Act. Sec. 387. Compiled Statutes 1887, provides that a guardian authorized to sell real estate roust, before the sale, give bond to a probate Judge to sell the same in the manner and to account for the pro- ceeds of the sale as provided for in the chapter. HiM, that a sale by a guardian duly appointed and yualififtd, but who omitted to give the special bond required, was not void. — Jluf/hes v. QoodalCj 03. Sale of Keal Estate — Special l?ond. 2. Quaere: Whether, under the Probate Practice Act, Compiled Statutes 1887, an executor, administrator or guardian is required in every case to give a special bond before making sales of real estate. — Hughes v. Ooodale, 93. General Bond of Guiidlan — Liability of Sureties. 3. Sureties on the general bond of a guardian are liable for any loss which the ward may suffer by reason of the default of the guardian with respect to the proceeds of sales of real estate. — Iluyhes v. Ooodale, 93. IIAHKAS COUITS. I*erjury — Evidence. 1. On habvas corpus to secure the discharge of a prisoner held for perjury, where the petition avers that the transcript of the evidence in the case In which the ailei^xl false testimony was given contains all the evidence, and the prosecuting rttorney does not controvert such allegation, but the tran- script does not show that the judgment roll was admitted or considered, the court will ussurae that It was not received, and therefore will grant the writ. — Stdfe ex rel. Dnnt.ran v. District Court, 275. Kestralnlng Order - <'ontcmpt. 2. Where one is committed for contempt for violation of a restraining order, and the 'lial court has jurisdiction of the subject-matter and of the parties, the suindency of the evidence cannot be reviewed on habeas corpus. — In re Petition of lioylc, '^Cui. Costs. 3. Where, on / ubeas corpus, and certiorari in aid thereof to review an order of commitment in a contempt proceeding, relator asked that the evi- dence be certlfiod up, defendant, on dismissal at the cost of relator, Is enti- tled to costs for the expense of transcribing the evidence into longhand. — In re Petition of Boi/le, 3(»r>. HOMICIDE. See CiiiMixAL Law. 602 Injunction. IXDH'TMKNT AND INFORMATION. iDformation — WriluMlIon. • 1. I'nder Con^rltution, Art. Ill, Sec. 7. and tbe provisions of the renal <*<ide of isur*. I warrant may Issue on an Information flied by tlie county attorney by leave of court on a motion in writing not verified, and tbe information verified only on information and belief. — State v. Sliafcr, 11. FiUnj; Information - i.eave of Court. 2. I'nder iVn.il Code, Sees. I7'?n-1732. no leave of tourt is necessary to file an inform<\tion after commitment on preliminary examination, and a writ of snpervU'»ry control will not issue to compel the granting of leave. - t^tdtc tx rcl. Ufitionin v. Dintrict i'ourt, 275. Filing Informatit.n— Leave of Court. :i. I'nder IVnil Code, Sees. 17.'Jn-1732, leave to file an information withont a preliminary oxi<niiniition may be granted or refused, within the sound dis<retion of the lourt, when no statement is made to the court of tlie evi- dence upon whi'-li the state relics for a conviction, and a writ of super- visory control to revise sucli discretion will therefore l>e denied. — Statv ex rel. Ifononm v. lUstriet Court,, 273. • INjrXCTION. Injunctl<m Pendente Lite — l-^vidence — Judgment. 1. Where, in an action to restrain defendants from removing ore from a certain vein ca a motion lor Injuncticm petulente lite, it is sliown that in a prior action between tlie parties judgment is entered tJiat defendants • are owners of llje vein and ore, the court may consider such judgment In determining su'-h motion, though the time for appeal has not elapsed, and plaintiff Intends to appeal there from.- -7?oj»/ on tt Montana Consol. C. tt iS. ^finin^J Co. v. Montana Ore Purehasiny Co. et al., 140. Injunction Pendente Lite — Appeal. 2. On appeal Mie supreme court will not undertalce to determine whethef the evidence was insufticlent to warrant the issuance of an injunction pen- dente tite, when the order granting the same must l>e reversed .on other grounds.— 11 <7:^,s/cni v. Bottton tf- Montana CouhoI. C. t( N. Mimnq Co., 11)3. Injunction Pendente Lite — Complaint- Verification. 3. On the hen -lug of an order to show cause wliy an injunction pendente lite should not I.-sue. for which application was made l)y complainant on the filing of his complaint, the proposed answer of defendant to the suit, and the proponed answer of defendant to another suit concerning the same mine, the complaint of whicli had been made a part of the present com- plaint, were pr )perly rejected, where the verifications of the same were on information and belief: positive verifications being required. — Wet:ntein v. HoHton dc Monta^'a ConnoL C. A ti. Mining Co., 103. Injunction Pendente Lite — Fvidence. 4. On the hea/Ing of an order to show cause why an Injunction should not issue to restrain defendant from operating a certain mine pending a suit for an Interest therein, it was error to reject, as Irrelevant and imma- terial, the pleadings, judgment and findings of a prior action which adjudi- Injunction. 603 rated the ultimate rights of the parties In the subje<'t of the controversy. — WetZiftt'in v. Jtostun d Montana Contiul, C. d ^. Mininy Co.j 193. Injunction Pcndvntc Lite — Evidence. 5. On the hearing of an order to show cause wliy an injunction Bhould not issue to restrain defendant from operating a certain mine pending a suit begun In VjOI for an Interest therein, the record of a prior action between the parties in regard to the same mine, wlierein it appeared that the deed alleg'^d In the present suit to be fraudulent and to have been exe- cuted by mistake was in existence in ISS.'), and that ores had been removed from the mine ior at least three years before this application was made, was improperly rejo-.i ?d ; the same being material, together with other facts, on the question of plaintilf's laches in making the application. — ^Vvt^st€in v. Boston <£• Mont Ilia Consol. V. ct- -S'. Mining Co., 103. Injunction Pendente J Ate — Kvidence. (). On the he.irliig of an order to show cause why an injunction should not issue to restrain defendant from operating a certain mine pending a suit for an Interest th»*r'»in, the record of a prior action wheVeln it appeared that an Injunction had been denie<l on the same facts and Issues as were in- volved. In the i>resent suit was admissible as barring a second application for an injunction on the same facts, where the court was doubtful of the good faith of the application, and of the merits, and of the plaintiff's laches. — Wetztttein v. Uonton d Montana Consol. C. tf <S. Mining Co., lU'd. Injunction Pendente Lite- — Kvidence. 7. Where, on the hearing of an order to show cause Why an injunction should not issue, restraining defendant from operating a certain mine pend- ing a suit for an interest therein, it appeared that several suits between the same parties had been brought concerning this 'jame mine, in one of which an appeal was pending, the affidavit of the defendant's attorney, made on his Knovvledge, as to the history of the litigation, was admissible, as tending to make clear the Identification of the parties and the subject- matter In the .several suits. — Wetzstein v. Boston d Montana ConsrA. C. d 8. Mining Co., 103. Injunction Pendente Lite — Appeal — Review. 8. Where there Is no substantial evidence tending ro support an injunc- tion order, the y.ime will, on appeal, be reversed. — Heinzc et al. v. B. d M. C. C. d S. M initio Co., 265. Injunction Pendente 1 He — Appeal — Review. 0. On appeal from an order granting an injunction pendente lite, the supreme court will not reverse the order, although the evidence tending to prove the identity and continuity of veins would be Insufficient upon a trial of the i.«sues on the merits. — lleinze et al. v. B. d 1/. C. C. d- S. Mining Co., 2«r.. Temporary Injunction — Appeal. 10. Kvidence on which a temporary Injunction is dissolved will be held suflBcient to suriiiin the order of dissolution on appeal, where no abuse of discretion Is shown, even though It would not authorize a denial on final hearing of the if^llef demanded in the bill.— f'rarrr v. f^tapp, 314. Restraining Order — ( ontempt — Habeas Corpus. 11. Where one is committed for contempt for violation of a restraining 604 Instructions. order, and the ti'ial court has jurisdiction of the •ubject-matter and of the parties, the sufflrlency of the evidence cannot be reTie»ved on habeas corpus, — In re Petition vf Boyle, '6(m. I'rohlbitory Injunction — Appeal — Stay. V2. l*ending :in appeal irom an injunction order, pendente lite, restraining appellants from entering?, or mining, in part of a certain lode claim of which they w«»re in possession, they may not have an order from the su- preme court su.^pendlng the injunction, since the supreme court is not authorized to Hnspend the operation of, vacate, or set asidir, a prohibitory Injunction ord«^r during the pending of an appeal therefrom. — Moloney et al. V. Kiny et a1., 4S7. rrohibltory injuncti'in — Appeal. Mi. Obiter: fVndlng an appeal from a prohibitory injunction order, pen- dente lite, the district court has Jurisdiction to enjoin either party from destroying or injuring the property in dispute. — Moloney et al. v. King ct ah, 487. Perpetual Injunction - Appeal. « 14. The supr.:»nie court is without authority to grant an order modifying or vacating a perpetual injunction pending appeal from a Judgment em- bracing it. — Maluuey et al. v. Kinr/ et al., 492. Mandatory Injunction— Appeal — Stay. 15. I'nder Se-ilon ITSS of the Code of Civil I'rocedure, a mandatory in- junction is stayed by perfecting an appeal from the decree. — Moloney ct al. v. Kinff et al., 492. Perpetual Injunction —Appeal — Stay. 10. The objecti'm that a decree granting a perpetual injunction is void, as not being wltliln the Issues, will not be considered on a motion to stay the injunction during the pendency of the appeal. — Moloney ct al. v. King et a I., 492. Mechanic's Lien — Judgment Against Husband. 17. A Judgment foreclosing a meclianic's lien against tue real estate be- longing to a wife In suit against her and her husband is not invalid for the reason that the judgment declared tO' be a lien is against the husband personally, and therefore the wife cannot enjoin execution sale of the property, but can only have the Judgment corrected, if erroneous, by motion for a new trial or on appeal. — Mea-andcr v. Fransham, 49t>. INSTUrCTIONS. Refusal to Give Special Instructions. 1. Refusal to submit special instructions, correctly stating the law. Is not erroneous, where the charge given clearly and correctly states the phase of the law embodied In the .special request.— i&'<afc v. Howell, 3. I*resumption of Innocence. 2. The defendant in a criminal case is always entitled to have the Jury take into consideration the presumption of Innocence which the law throws about him : It is therefore the duty of the court to submit proper instruc- Instructions. 605 tlons upon ihis subject as a substantive part of the law. — State v. Howell, 3. Juror's Individual Duty. 3. The refusal of the court in a criminal case to charge that each Juror should act upon his own Judgment, and should not surrender his own con- viction, unless convinced, and that while he should discuss the evidence, and be open to conviction by argument, he should not surrender his convic- tions merely because the majority were against him, was not error. (Ma. Justice Milbuux dissenting.) — State v. Howell, 3. Kobbery — Defin 1 1 Ion. 4. Under Penal Code, Sec. 300, defining robbery as tne felonious taking of personal proucrty in the possession of another from his person or im- mediate presence, and against his will, "accomplished" by means of force or fear, an inscructlon defining robbery in the same terms, except using tlie word "accompanied," is reversible error. — State v. Johnson, 9. Erroneous Instruction — Presumption. 5. An erroneous instruction is presumptively prejudicial — State v. JoJin- aon, 9. Degrees of Murder. 6. Where the evidence would warrant a verdict of guilty of any grade t»t unlawful homicide or of acquittal, it is error for the court to give to the Jury simply the statutory definitions of murder, murder of the first and second degrees, of manslaughter, and of justifiable iiomicide, without any further declaration of the distinction between murder of the first and second degrees than is contained in the statute. — State v. Shafer, 11. Homicide — Self- Defense — Threats. 7. Where, on 'x trial for murder, in which the accused pleaded self-defense, it was shown that the deceased had previously threatened the accused, an Instruction directing the Jury to disregard such prior threats unless the accused at the time of the killing was actually assailed, or believed he was in great bodily clanger, was erroneous. — State v. Shadwell, 52. Homicide — Sel f -Def eu^5e — Threats. 8. On a prosecution for murder, where the defendant pleaded self-defense, the court instructed that threats by the deceased against the defendant should not be considered unless the defendant was actually assailed, or be- lieved he was in great bodily danger. This instruction was followed by another, authorUing the consideration of any threats the deceased may have made agaijst the defendant, to enable the Jury to determine defend- ant's acts or the deceased's motives. Heldj, that the Instructions were conflicting, and constituted reversible error. — State v. Shadwell, 52. Homicide — Manslau;?hter. 9. Where there was evidence tending to show defendant guilty of murder In the first degree, of murder In the second degree, and of manslaughter, It is the duty of the court to Instruct explicitly that a verdict for man- slaughter may be returned, maqslaughter not being a degree of murder. — State V. ShadwcU, 52. Manslaughter — Self- Defense. 10. The fact that the accused endeavored to show that the killing w^as 606 Ikstructions. done in jself-defe-ise does not render an Instruction autborlzing a conviction of manslaughter unnecessary. — ^tatc v. i^hadtccU, o^. Murder — Threats. 11. In trial for murder it appeared that deceased had threatened to kill "any Missourlan in the employ of V. who undertook to move hay on High Tower ranch," and had made other threats against Missourians so em- ployed, and that defendant was a Missourlan, and employed on said ranch ; but the evidence also showed that at the time defendant struck the fatal blow he was not in immediate danger, but that he went up to deceased, who was standing in a tlireatening attitude over a friend of deiendant. who was not shown to be a Missourlan, and who was on top of, and was fight- ing with, a friond of the deceased. Held, that it was not error to refuse to instruct that the jury should take such threats into consideration in determining the nature of the attack made on defendant's friend, and what was the purpose of deceased and his friend in making such attack. — Utate v. Whitirovth, 107. Ilequested Instructions — Duty of Court. 12. A court <<ii<)uld not be captious or hypercritical and refuse an Im- portant request (-d Instruction solely on the ground of verbal inaccuracy ; still it is not the duty of the court to undertake, in all cases, the labor necessary u> pr^iiare and rewrite defective requested Instructions which if correctly stated might well be given in the charge. — State v. Whiticorth, 107. Defei'tive Streets — Personal Injury — Measure of Damages. l.'{. In an action for Injuries resulting from a defective street, n charge that the jury may take into consideration as an item of damages the prob- able consequence's, so far as proved, of the personal Injuries received by the plaintlfT, If nuy are proved, is proper — Snook v. City of Anaconda, V2H. Requested Instructi'ms — Refusal. 14. Where re<iii"sted instructions are sufficiently covered by the general charge, it Is aot error to refuse them. — Laryey v. Mantle, 204. Criminal Law — <'lr.'jmstantlal Evidence. 15. An instruct ion reqmstrd by defendant, that, to warrant a verdict on a criminal charge on circumstantial evidence alone, the circumstances must be such as to r»<^duce "nearly" the same degree of certainty as that which arises from dlr? ^t testimony, and sufficient to exclude all reasonable doubt of guilt, is bad, in being qualified by the word "nearly," and is properly refused. — State v. liotaon, 30.">. Requested Instruction — Refusal. 16. A refusal of requested instructions presenting correct propositions of law is not erroneous, when the substance thereof is embraced In the general charge. — State v. Dotson, 305. Criminal Law — Defendant's Credibility. 17. Held, that nn instruction giving Section 2442, Penal Code, but which uses the word "must" in place of the statutory word "may" Is not erro- neous.— State V. Dot son; 305. Mandamus. 607 Lnrcouy — I'osscsslon of Stolen Troperty. 18. On a proH'H'jitlon for larceny of five horses pursuant to a prearranged plan to collect a band of horses and sell them, an instruction referring to possession of (he stolen property generally, and not ro that alleged in the information, Ik not prejudicial, though erroneous, whe»-e the evidence tended to show that Ine whole band, including the five horses described In the information, was stolen and went into the actual possession of accused.- - i<tut(' V. tatvvcnson, 332. Criminal Law — Appeal Kevlew. 19. Although tn' instruction in a criminal case may be bad, and even prejudicial to tne appellant, nevertheless if, so far as criticised by the ap- pellant it is not prejudicial to him, it will not work a reversal of the Judgment. — kft*itc v. *vfcroi«on, 332. Appeal — Error Without I'rejudice. 20. An order denying a new trial should not be reversed becaiise of In- accuracy in the instructions which clearly did not result In prejudice to the complaining party. — Charles Schalzlein Paint Co. v. Passmorc, 50U. JUDGMENTS. Void and Voidable. 1. The orders and judgments of a court may be voidable for error, or Irregularity, out such error or Irregularity does not of Itself avoid such orders or jutlj?m«»nts.— i/M£//ir» v. Oooilalc, 93. Judgment I.ien. 2. The mere :•' ndltWm of a judgment creates no lien ; before real estate can be charged with a judgment lien, it is absolutely essential that the Judgment be docKeted. — M'yman ct al. v. Jensen et al , 22/. JURY. Bound by the Law .u: Given by the Court. A jury Is bound by the law given by the court, whether correct or not, — except, possibly, in prosecutions for libel. — Kiny v. Lincoln, 157. LARCENY. See Criminal Law. MANDAMUS. State Furnishing IJoard —Rescinding Contracts. 1. Where the rtate furnishing board regularly accepts a bid for the fur- nishing of supplies for the state, and subsequently refuses to sign the formal contract, a writ of mandate to compel such acdon is not obnoxious, as in effect a suit against the state. — 8tate ex rel. Robert Mitchell Furni- ture Co. V. Toole ct al., 22. Public Contracts — Lowest Responsible "Bidder. 2. That the refusal of the state furnishing board to award a contract to 608 Mines and Mining. the lowest responsible bidder Is Dierel3' erroneous, is not sufficient to Juft- tlfy the Issuan^'e of the writ of mandate. — iState ex rel. Robert Mitchell Furniture Co. v. 7'oo/t' it a/., '22. New Trial — Scandalous Affidavits in Support — Discretion of Trial Court in Striking Out. 3. An order of the trial court striking out affidavits filed in support of a motion for a new trial on the ground that they were disrespectful, scan- dalous and con(?Luptuous, being an order made in the exercise of the court's descretionary i)ower, mandamu9 will not lie to compel their restoration, even though It :>e conceded that the discretion was not wisely exercised. — /State ex rel. Fiiilen v. District Court, 37*J. Hearing on Return to Alternative Writ. 4. Where defendant claims that his answer made to an alternative writ of mandate sliows a compliance therewith, the relator may controvert the truth of such dui^wer and thus to enlighten the court as to what further order the court should make. — tftate ex rel. Finlen v. District Court , 3T!f. County Clerk — Alias Order of Sale. 5. Mandamus was not the proper remedy to compel the clerk of the dis- trict court to isHue an alias order of sale of property under a foreclosure lien, as there was an adequate remedy at law, by motion in the case In the court in which the decree of foreclosure was rendered. — State ex rel. Moahner v. W right j 540. MANSLAUGHTER. See Criminal Law. MASTER AND SERVANT. Master's Liability for Medical Attendance on Servant. Without an agreament by which he assumes such burden, a master does not owe his serv<int the legal duty to furnish medical or surgical aid to him or to nurse him when sick or disabled, or when injured while working for the master.— Spelman v. Gold Coin Mining rf Milling Co., 70. MICCHANICS' LIENS. Foreclosure— Judgment Against Husband — Injunction. A Judgment foreclosing a mechanic's lien against the real estate belonging to a wife in suit against her and her husband is not invalid for the reason that the Judgment declared to be a lien Is against the husband personally, and therefore the wife cannot enjoin execution sale of the property, but can only have the judgment corrected, if erroneous, by motion for a new trial or on api)tMl. — Alexander v. Fransham, 490. MINES AND MINING. General Manager of Mining Company — Authoritj'. 1. The fact that a certain person Is general manager of a mining com- pany doe.s not. In and of itself, imply authority in him to bind ttie company in matters other than those of its ordinary business affairs. — Spelman v. Gold Coin Mining d Milling Co., 70. Mines and Mining. 6Q9 Gtnoral Manager of a Mining Company — Auttiority. 2. Wliere employes of a mining company, while working in its mines, suffer bodily injury by the explosion of a blast, and it does not appear that the company was in anywise at fault, the secretary and general manager of the company has no Implied power, by virtue of his olllce, to bind the company by a v'oi? tract for medical attendance on such injured employes Quaere: Whether, in a case where an employe is injured through the actionable negligence of the company, the general manager of a mining company can bind his principal by such a contract? — Spelman v. Oold Coin Mining de Milling Co., 76. Injunction PenOentc Lite — Appeal — Review. 3. On appeal from an order granting an injunction pendente lite, the su- preme court win not reverse the order, although the evidence tending to prove the idenrlty and continuity of veins would be insufficient upon a trial of the issues on the merits. — Heime et cU. v. li. d M. C. C. d 8. Mining Co., 265. Inspection and Survey — Interest Necessary. 4. To entitle one, under Code of Civil Procedure, Sec. 1317, to an inspec- tion of a claim for the purpose of ascertaining or enforcing his right or interest in anucher claim, he must have an interest in the hrst claim, and that the right of one owning a claim to follow a lode having its apex therein into another claim is not such an interest In the latter claim as to authorize his inspection and survey of it. — State ex rel. Anaconda C. M: Co. V. District Court, 396. Order of Inspection f»ud Survey. 5. Under the authority in Code of Civil Procedure, Sec. 1317 to order In- spection of a mine to ascertain and protect the interest of petitioner, ail the appliances in use for ingress and egress may be made available for the persons making the inspection. — State ex rel. Anaconda 0. M. Co. v. Dis- trict Court, 396. Inspection and Survoy — Order. 6. Inspection should not be granted of a mine not described in the peti- tion, under the authority in Code of Civil Procedure, Sec. 1317, for Inspec- tion and survey of a mine on petition. — State ex rel. Anaconda C. M. Co. V. DistiHct Court, 396. Inspection and Survey — Order. 7. The order authorized by Code of Civil Procedure, Sec. 1317, for inspec- tion and survey of a mine for protection of petitioner's interest therein or in another mine should be limited to the necessities of the case, and ex- plicitly state how far It may go. — State ex rel. Anaconda C. .1/. Co. v. Dis- trict Court, 396. Inspection and Survey — Costs. 8. Semble: The costs of obtaining the order under Section 1317, Code of Civil Procedure, as well as the costs of the survey and inspection, should be paid by the petitioner. — State ex rel. Anaconda C. M. Co. v. District Court, 396. Irspection and Survey — Order, 9. In the order granted under Section 1317, Code of Civil l*rocedure, the court may provide that all appliances in use to facilitate ingress and Vol. XXVI-30 610 Mines and' Mining. egress be made available to the person making the Inspection, — the addi- tional expenses being paid by the petitioner. — State ex rcl. Anaconda C. M. Co. V. District Court, 396. Inspection and Survey — Order. 10. Under Code of Civil Procedure, Sec. 1314, allowing an inspection order to be made at any time pending an action to determine mining claims, the order may be planted before the issues are framed. — State ex rtl. Ilclmc et al. V. District Court, 416. Inspection and Surv<^y — Order. » 11. I'nder Code of Civil Procedure, Sec. 1314, authorizing an inspection order In actloiis to determine mining claims, where the respective parties assert title to certain ore bodies, each basing his claim on an asserted ownership of {he apex of a vein, to determine which will necessitate a following of the vein from the surface, the court may properly grant an order requiring the owner of the surface openings to allow the other party to enter such openings for the purpose of surveying beneath the surface, though the latter party had complete maps up to the commencement of the suit, after which It was excluded, and worlc of removing the ores rapidly pushed. — State f.i rcl. Ueinzc ct al. v. District Court, 416. Inspection and Survey — Order. 12. Wliere, in a suit to determine ownership of certain ore bodies, the parties base their respective claims on the asserted ownership of the apex of a vein, to determine which will necessitate a following of the vein from the surface, an trder requiring the owner of the surface openings to allow the other party to enter such openings for the purpose of surveying be- neath the surface should be limited to those openings alone an Inspection of which is necessary to determine the Issues, though examination should be allowed of all the workings made in pursuit of the vein In the direction of the strike, to determine the continuity of its direction as well as tL- angle of the dip. — State ex rcl. Hcinze et al. v. District Court, 416. Inspection and Surrey — Order. 13. Under Code of Civil Procedure, Sec. 1314, authorizing an inspection order in actions to determine mining claims, the fact that a temporary in- junction has beou issued does not preclude the issuanace of the Inspection order, as such prevision makes no distinction as to the character of relief sought.— /S7a/c <x rel. Hcinze et al. v. District Court, 410. Inspection and Su:'Vi?y — Order. 14. Where, in n suit to determine a mining claim, operations are con- tinued pending the action, the court* may properly designate employes of the adverse party to make weekly inspection of the promises under reason- able restrictions.— fi-fafc ex rel. Ueinzc et al. v. District Court, 116. Inspection and Survey — Order. 15. The propriety of granting an order of inspection and survey, under Code of Civil Procedure, Sec. 1314, lies very largely in the discretion of the trial court.- State ex rcl. lleinze et al. v. District Court, 416. Inspection and Survey — Order. It. ^°»P^;t»o« t^rders should always be limlte<? by the necessities of the case.—State ex rel. lleinze ct al, v. District Court, 416. Mortgages. 611 Inspection and Survey — Order. 17. Section 1317 of the Code of Civil Procedure is not applicable wherd the petitioner se^erts no Interest in the property of which inspection Id sought, or thro igh which entry Is necessary to inspect adjoining property. — State ex rcl. Oeyman v. District Court, 433. Inspection and Survey — Order — Discretion. 18. Code of Civil Procedure, Sec. 1314, authorizes on good cause shown an order for the inspection of a mining claim involved in litigation, even though entry must be made through lands of the adverse party. .PlaintllT and defendant claimed adjoining premises under placer patents, and In an action for trespass plaintiff moved for an inspection. It appeared that plaintiff had no cpenings in his property, and therefore no means of ascer- taining the coiditloDS beneath the surface ; that defendants were mining on their own premises, and through drifts, some of them in the direction of plaintiff's premises, and that blasting could be heard, and the concussion felt, by persons lesldlng on the premises in the same relative position of plaintiff's premises ; that defendants had been removing large amounts of ore through their shaft for months, and had refused to admit any one thereto, or even to the inclosure about it ; that they denied that plaintiffs had any right to the minerals beneath their surface. The surface had been platted as an uadition to a city, the respective parties owning certain of the lots and blocks, and claiming the mineral rights to the middle line of the adjacent streets and alleys, so that prima facie they had no extra- lateral rights. I'tld, not an abuse of discretion to grant the order, subject to the limitation that the inspection should extend to no other workings than those made in the direction of plaintiff's property. — State ex rcl. Oeyman et al. v. District Court ct al., 483. Inspection and Survoy — Order — l']vldence. 19. The evidence upon which an order of inspection and survey is made, under Section 1314 of the Code of Civil Procedure, need go no further than would be necessary to support a search warrant in a given case. — State ex rel. Oeyman et al. v. District Court ct al., 483. MORTGAGES. Foreclosure. 1. Under Code of Civil Procedure, Sec. 1290, regulating actions to fore- close mortgages, and providing for a deficiency judgment after sale of the property, the holder of a note secured by a second mortgage is not r« (luireJ to foreclose durijig the period of redemption after the first raortprage has been foreclosed pnd the property sold thereunder, but he may wait till such period has expired and his lien Is determined, and ^hen sue on the note. — Brophy v. Downey et ux., 252. Foreclosure. 2. Where, in an action to foreclose a first mortgage, the mortgagee in a second mortgage is made a defendant and defaults, such action does not defeat the right of his assignee of the note to recover thereon after the time to redeem the premises from the foreclosure sale has expired. — Brophy V. Downey et ex., 252. Foreclosure. 3. Where parties are made defendants In a suit to foreclose a mortgage, the complaint r.Meglng that they "have or claim to have some Interest *.n 612 Municipal CJorporations. or claim upon said premises, * • • wblch interest or claims are subsequent to and subject to the lien of tbe plaintiff's mortgage," and the defendants make default, the effect of a sale of the mortgaged lands under a decree rendered therein, must be confined to liens acquired subsequent to tbe mortgage. — JSrophy v. Dotcnep et ux., 252. MUNICIPAL CORPOKATIONS. Defective Streets— Duty of CMty — Liability. 1. A city organized under Compiled Statutes 1887, General Laws, Fifth Division, Chapter XXII, being authorized to provide means by taxation to improve its streets, and by Section 325 to establish and improve streets, and by Section 435 given exclusive control of its streets, is responsible for damages occasioned by reason of its negligently permitting its streets to become and remain in a dangerous condition. — Snook v. Vily of Anaconda, 128. Defective Streets — l*ersonal Injury — Negligence — Pleading. 2. In an action for damages occasioned by a defect in a street, it is only where the complaint shows that the proximate cause of the injury wtis the plaintiff's own e<t, that plaintiff must allege (and prove) that in thus act- ing he was free from negligence. — Snook v. City of Anaconda, 128. Defective Streets — Personal Injury — Contributory Negligence. 3. Where, in an action against a city for damages resulting from a defect- ive street, the complaint, after alleging defendant's negligence, alleges that the injury was received "without fault' or negligence on plaintiff's part, ' contributory negligence is a matter of defense. — Snook v. City of Ana- conda, 128. m Defective Streets — Parsonal Injury — Trial — Evidence. 4. Where, in an action against a city for damages resulting from a de- fective street, it is admitted that the city, through its mayor and conncii and police, had personal knowledge of the defect before the accident, the error, if any, in admitting evidence that the overseer of streets said several days after the rccident that he knew of the defect, and had intended to repair it, was without prejudice. — Snook v. City of Anaconda, 128. Defective Streets — Duty of City to Repair. 6. Where a bridge in a city street is destroyed, the duty of the city to repair the street or give warning of the danger to travelers is not affected by the fact that the day after the defect was caused aappens to be Sunday. — Snook V. City of Anaconda, 128. Defective Streets— Duty of City — Liability. 6. A city is liable for injuries resulting from its negligently permitting its streets to be and remain in a dangerous condition. — May v. City of Anaconda, 140. Liability of Cities — Torts. 7. The fact that Political Code, Sec. 5036, declares that every city Is responsible for injuries to property within its limits by mobs or riots, does not indicate a kglslatlve intent to exempt cities from liability for all other torts.— J/ai/ v. City of Anaconda, 140. Negligence. 613 Defective Streets — Negligence of City. 8. Where a bowlder remains in a city street for many montlis, consti- tuting a dangerous obstruction, a finding that the city was negligent In so permitting the obstruction to continue is justified. — }fai/ v. City of Ana- conda, 140. Defective Streets — iVrsonal Injury — Liability of City. 9. lender Compiled Statutes 1887, General Laws, Fifth Division, Sec. 320, providing that the fee of streets shown on a city plat shall be vested in the city for the use of the public, a city which by ordinance has sic- cepted and has improved such a street, when sued for injury resulting from a defect In the street, cannot escape liability by denying that the locality is a street. — May v. City of AnacomlOj 140. Defective Streets — Tersonal Injury — Contributory Negligence. 10. Where plaintiff was injured by collision with a bowlder in an un- lighted city stnvit, which had been used and traveled for years, while he was driving slowly along the center of the street on a dark night, — he having no knowledge of the bowlder, — such act was not contributory negli- gence.— May v. City of Anaconda, 140. City Water Supply — Condemnation — Pleading. « 11. A complaliit by the city for the condemnation for a water supply or certain water rights In a stream Is not defective for failing to allege that the water supply can be procured without incurring an Indebtedness which, with the exlsti.ig indebtedness, will exceed 3 per cent, of the assessed valuation, or that the Hmlt was extended by having the question sub- mitted to the voters, and that a majority of the votes was in favor of the proposition, notwithstanding Constitution, Aft. XIII, Sec. C, prohibiting a city from incurring an indebtedness, including existing Indebtedness, ex- ceeding 3 per cent, of the assessed valuation, unless the limit shall be extended by a vote of the people for the purpose of procuring a water supply. — City of Helena v. Rogan et al., 452. MURDER. See Criminal Law. NIOGLIGKNCE. See Municipal Couihuiations. Plkadino, 10. Burden of Proof — Evidence — Contributory Negligence — Ordinary Care. 1. Where plaintiff's evidence in an action for Injuries shows that the injuries were caused in whole or in part by his own acts, the burden is cast upon him to prove that he was exercising ordinary care at the time. — Cummings v. Helena A Livingston S. d R. Co., 434. Evidence Contributory Negligence — Nonsuits. 2. Where, in. an action for injuries, plaintiff's evidence shows, beyond question, that his own omission to use ordinary care contributed imme- diately to, or itself caused, the injury, a nonsuit should be granted. Evidence reviewed, and held, that plaintiff, in proving the circumstances of the accident and injury, succeeded in establishing for the defendant the 614 New Trial. defoDse of conlributory negligence, and hence, the granting of a nonsuit was proper. — Cumminytt v. Helena <£ Livingston 8. <t R. Co., 434. NKW TRIAL. Appeal. 1. ' Where an order granting a new trial is silent as to the grounds on which it Ik bns<^d, it will be affirmed, if it can be Justified on any ground on which the motion was predicated. — State v. Foster, ^l. Appeal. 2. Where there is a substantial conflict in the evidence the action of the trial court in granting or denying an application for a new trial on the ground that the evidence Is insufficient to justify the verdict, or that the verdict Is contriry to the evidence, will not be disturbed on appeal. — State v. Foster, 71. Duty of Trial Court — Appeal. 3. Where there is no sub.stantial evidence to support the verdict it is the duty of the trial court, as a matter of law, to vacate and set aside the verdict, and if it refuse to do so its action will be held erroneous. — State V. Foster, 71. Statement — Insuflicicncy of Kvidence to Justify Verdict. 4. Where the only specification in the statement for a new trial is that the evidence is luFufflcient to support the verdict "in Anding for the plain- tiff in the sum of $05.70, with Interest," and that the "verdict is contrary to the evidence," there is a failure to comply with the requirement of Code of (Mvil I'roc-Mlire, Sec. 1173, that when the motion is for insufficiency of evidence the staiement shall specify the particulars in which such evidence is alleged to be insufficient.— Ai»i£/ v. Lineoln, 157. Jury Bound by ('har;;e — Duty of Court. 5. A jury Is bo'ind by the law given by the court, whether correct or not» — except, possibly. In pre sccutions for libel. Evidence reviewed, and held, that a flnding by the jury, that there was an account stated, was contrary to the law as given by the court, and that the court should therefore have granted a new trial, oven though it became satisfied that its Instruction was wrong. — Kiufj v. Lincoln, 157. New Trial— Statuto/y (Jrounds. • 6. New trials are statutory : if granted, they must be granted upon statu- tory grounds, nnd none other. — Porter et at. v. Industrial Printing Co,, 170. Surprise and Accidoat. 7. A trial court found certain counterclaims to have been sufficiently pleaded, and (l*»faulted the plaintiff as to the same, on failure to reply; relying on which default defendant Introtiuced no evidence, on reference of the case, to prove the counterclaims. The court adopted the findings of the referee, but declared that part of the counterclaims only were suffi- ciently pleaded. Jlchl, a new trial would be allowed defendant, as such action of the court was surprise and accident which ordinary prudence could not have guarded against. — Porter et al. v. Industrial Printing Co., 170. New Trial. 615 Delay — Denial of Motion. 8. Under Code ci Civil Trocedure of 1805, Section 1174, providing that a motion for a new trial may be brought to a hearing on motion of either party, the delay of a party in bringing his motion for new trial to a hear- ing is not ground for denying the motion. — Wyman ct al. v. Jensen et al., 227. 15111 of I^xccptlons— Time of Filing. 1). Under Code of Civil I'rocedure, Sec. 1173, providing that, when a mo- tion for new trial is made on a bill of exceptions, the party shall have the name time, after service of the notice of intention to move for a new trial, to serve such bill, as is provided after entry of Judgment by Section 1155, — that Is, 10 days, — and 10 days after service of such notice to serve a Ktacemeut of the case, and in either case the Judge may extend the time for 30 days in addition to the statutory time, where a Judgment is en- tered on June 0th, notice of 'ntention to move for new trial is served on the 16th, and on the 25th the Judge extends the time to serve the bill of exceptions to July 2Glh, the service of the bill on July 24th is in time, and it may be used on appeal from the Judgment. — Whalen et al. v. Har- rison, 310. Appeal — Notice of Intention. 10. Since the i ctlce of intention to move for a new trial Is not one of the papers recpiired to be sent up by copy by Code of Civil Procedure, Sees. 1170, 17.*{S. but should be embraced In the statement or bill of exceptions, which are of ihe required papers, where It Is not so embraced, though all the papers required by statute are before the court, the dismissal of the appeal Is not the proper remedy, but the order denying the motion for a new trial will be affirmed. — In re Reilly'a Estate, 358. Scandalous Affidavits. 11. An ordfr of the trial court striking out affidavits filed in support of a motion for a r>ew trial on the ground that they were disrespectful, scan- dalous and coiitemptuous, being an order made in the exercise of the court's discretionary i)ower, mandamus will not lie to compel their restoration, even though it be conceded that the discretion was not wisely exercised. Obiter: The trial court has no power to prevent the party claiming to be aggrieved by nn order striking out — as being scandalous and contemptuoua — affidavits filed In support of a motion for new trial from having the same reviewed by the supreme court, and to this end should settle a bill of ex- ceptions embodying the matter. — State (x vvl. Finhn v. District Court, 372. Unnecessary Delay In Determining Motion — Hurden of Proof. 12. The relator In mandamus to compel the trial Judge to determine* the motion for a .lew trial, the decision of which Is alleg*>d to be unnecessarily delayed, has the burden of showing such unnecessary delay. — State ex rel. Finlen v. District Cotn-t, 372. Unnecessary Delay In Determining Motion. 13. The mere fact that the trial Judge had delayed the determination of a motion for a new trial for 45 days Is not sufficient, in mandamus proceed- ings to compel a decision thereof, to show that the court has unnecessarily delayed the decision. — State ex rcL Finlen v. District Court, 372. 616 Nonsuit Non8uit— rallure to Stand on Motion. 14. Where a defendant fails to stand on an adyerse rnling on a motion for nouHult, ind there l>e Introduced tliereafter other evidence which sni)- plieH the defe<'tH In plaintiff's case, such evidence inures to plaintiff's l>ene- fU. and cures the defect, so that it cannot be urged as a ground for new trial.— T. C. Poirrr it al. v. titockiiuj ct al., 478. Order Denying New Trial — Api>eal — IJeview. l.'i. I'nder Code of Civil Procedure, Sec. 1170, declaring a new trial to De a re-examinati>n of an issue of fact in the same court after a trial and decision, and Section 1171. Subd. 7, authorizing a new trial for an error of law <K'curring at the trial, duly excefit^d to and materially affecting the suhRtantlal rights of the moving party, the point that the complaint faMs to state facts s<ifflcient to constitute a cause of action, made by demurrer, which was overruled before the trial, and not renewed or otherwise pre- sented at the r/ial. cannot be considered on an appeal from an order deny- ing a new trial. — CharUs Hchatzlcin Paint Co. v. Paanmorc, 50U. Order Denying New Trial — Apijeal— Kevlew. 10. The supreme court will not reverse an order of the district court de- nying a new trial, though the evidence, as it appears in type, seems to preponderate ngainst the verdict, since the weight of the evidence was for the jury, — Vhnrlcs tichatzhin Paint Co. v. Passmorc, 500. NONSUIT. Action on Note Se^'iired by Mortgage. 1. Where, in an action on a note, defendants allege that the note is se- cured by a mortgage which has not been foreclosed, the fact that at the coQinieiuement of the action plaintiff made an affidavit for attachment. In which he stated that without Ills fault such security had become worth- IfSfl, could not i.ffect the action of the court on a motion for nonsuit, where such affidavit was not offered in evidence, nor its contents proved. — Jiroithii v. Doiri'cjf ct ux., Iiri2. Contract Against Public Policy. 2. Evidence reviewed and hrhl. that tlie court erred in denying a motijn for nonsuit on ihe ground that the contract sued upon was void as against public policy.— ]\'halin it al. v. Harrison, 31(1. Rule of Consideration. n. On motion lor a nonsuit, the evidence will be »'egarded In the light mo«t favorable to plnlntiiY, and that which It tends to prove must be taken as proved. — C>i>n-nintjH v. IJtJvna d Livinpaton S. d R. Co., 434. Rul^ of Conslderatim. 4. Where pInimllTs own evidence shows that he ought not to recover, a nonsuit slionld Je granted.- Cummiiuja v. Helena d Livingston H. <t li. Co., 4:m. Evidence — Contributory Negligence. r». Where, in nn action for Injuries, plaintiff's evidence shows, beyond cjueHtion. that Lis own omission to use ordinary care contributed imme- diately to. or lisoif .caused, the Injury, a nonsuit should be granted. riiYsiciANS ANi? Surgeons. 617 Kvidonce reviewed, and laid, that plaintiff, in proving the circumstances of the accident inid injury, succeeded in establishing for the defendant the defense of contributory nepligence, and hence, the granting of a nonsuit was proper. — Ciriuninfj)s v. Helena d Livingston ^\ rf li. Co., 434. Failure to Stand on Motion — New Trial.' (J. Where a defendant fails to stand on an adverse ruling on a motion for nonsuit, and there be Introduced thereafter other evidence which supplies the defects in plaintiff's case, such evidence inures to plaintiff's benefit, and cures the ilefcct, so that it cannot be urged as a ground for new trial. — T. C. Voxccr (I al. v. StocJcing ct al., 478. PAUTNIOUSIIIP. Dissolution — Accounting — I'vldence. 1. Whore, in :pi action for an accounting between the members of a firm engaged in operating a ranch on government land, defendant recognized that plaintiff h.id succeeded to the interest of defendant's former partner, and t^at the lands had l)een used by plaintiff and defendant for the pur- poses of the business of both, error, if any. In admitting In evidence a deed from defendant's former partner to plaintiff for her interest In such land on the ground tliat the grantor could not convey any title to the govern- ment land, was harmless. — ^y hippie et al. v. iftuart, 1!10. Partnership rroi)erty. 2. Where a ranch partnership agreement provided that the firm should continue as long as the parties cotild mutually agree, and defendant noti- fied plaintiff that he would not consent to the buying of a bull which plain- tiff desired to buy to Improve the concern's cattle, and defendant staked off 1(50 acres of the government land that had been used In the business, and notified plauitlff that he Intended to hold the same as his own, the bull subseqtiently ]>ur -hased by the plaintiff was not the property of the firm. — Whipple et al. v. isiuart et ah, 1»10. rartner.shlp Property. 3. Where a firm engsjged In cattle raising fenced a ranch on government land, which th(»y i:std In common for the purposes of the business, and de- fendant, one of the partners, staked off 160 acres of the land within the fences for his private use, and claimed the same as his own, such partner was not entitled to the natural hay growing on such IGO acres as against the other memot»rs of the firm, on the pretense that such natural hay was frurttis vaturulis on government land, and therefore became the property . of the first tak'»r.— ^y hippie et al. v. SHuart, 210. PIOKJUKY. See CuiMixAL Law. PHYSICIANS AND SURGEONS. Right to i*rnctice l^fedlclne Pending Appeal from Refusal of Medical I$oard to Grant Certificate. 1. Whetlier acting under Its general constitutional powers or as exercising a special and limited Jurisdiction derived exclusively from the statute (I'olitical Code, Sec. C03), the district court has no power to allow an 618 Pleading (Civil.) applicant to pr;r?tice medicine pending his appeal from a refusal of tlie Btate board of medical examiners to i^rant him a certificate. — State ex rcl. State Board of Medical Examiners v. District Court, 121. Api)eal from Action of Medical Board — Burden of Proof. 2. Where an applicant is refused a certificate by the board of medical examiners, and ne appeals, the burden is upon him to establish his right to practice medici.i? ; but on an appeal from the action of the medical board in revoking a certificate, the burden rests upon the state as represented by the board to establish the fact that the person whose certificate it has re- voked has forfeited his right to practice medicine. — State ex rel. State Board of Medical Examiners v. District Court, 121. PLEADING (Civil). Defective Streets — r?rsonal Injury — Action for Damages. 1. In an action for damages occasioned by a defect In a street, It is only where the complaint shows that the proximate cause of the injury was the plaintiff's own f.ct, that plaintiff must allege (and prove) that in thus act- ing he was free from negligence.— /S'lioo A- v. City of Anaconda, 128. Complaint. 2. Obiter: The Incorporation in a complaint in one case of the allega- tions contained in a complaint In another and separate cause, naming other parties ds (Jpfeii lants by reference merely, Is of very questionable propriety. — Wctzstein v. Boston d Montana Consol. C. rf S. Minint/ Co., 193. Action to Set Aside I'raudulent Conveyance — Complaint. 3. Where, in an action to set aside a conveyance of both real and personal property as fniiidulent toward creditors, the complaint does not show that plaintiff has a Hen on such property. It fails to state a cause of action for such relief, and an objection to the admission of any evidence thereunder should be sustained. — Wjfman et al. v. Jensen ei al., 227. Equity— Bill. 4. In an appeal to a court of equity it is indispensable that the allegations of the bill be cb^ar and exact In the statement of all material facts consti- tuting the plalatiiT's cause of action. — ir/ymait et al. v. Jensen et al., 227. Action to Set Aside Iraudulent (Conveyance — Complaint. 5. Where, In an action by a judgment creditor to set aside an assignment by the debtor ci real estate as fraudulent as to plaintiff, the complaint falls to give the location of such real estate or any description thereof, other than that It docs not exceed a specified value, an objection to the admission of any evidence should be sustained ; the complaint falling to disclose a lien in favor of the judgment creditor. — Wyman et al. v. Jensen et al, 227. Action to Set Aside fraudulent Conveyance — Complaint. (J. I'nder Code of Civil IM-ocedure of 18n."», Section 1107, providing that a Judgment becomes a lien on realty from the time It Is docketed, a com- plaint by a Jud;?ment creditor to set aside his debtor's conveyance of realty as fraudulent, wbich does not allege the docketing of the creditor's Judg- ment, Is Insufficient. — M'f/man et al. v. Jensen et al., 227. Pleading (Civil.) 619 Amendment. 7. Where, in an action by a judgment creditor to set aside a fraudulent conveyance by tbe debtor, a Judgment for plaintiff is reversed because of the insufficiency of the complaint, the trial court should permit plaintiff to amend. — Wi/man ct al. v Jensen ct al., *2^1. Action on Note Seoared by Mortgage — Answer. 8. Where, in a.i action on a note, tlie answer alleges that the note was secured by a I'eal estate mortgage executed at the same time, which has not be^n foreclosed, such allegation is a defense, and not a counterclaim, and hence a reply is not necessary, under Code of Civil I*rocedure, Sees. 720-723, 7r)4, requiring a reply to a counterclaim. — Brophy v. Downey et ttx., 2r»2. Action on Note SecMrod by Mortgage — Complaint. 0. Where a note was secured by a second mortgage, which has become of no value because of foreclosure of the (Irst mortgage and expiration of the time of redemption, the complaint in an action on such note need not refer to such mortgage or loss of security, the action not being to enforce such security under Cede of Civil Procedure, Sec. 1290, providing that there shall be but one action to recover a debt secured by mortgage or to enforce such security, which action must be in accord with the provisions of that chapter relating lo mortgage foreclosures. — JJrophy v. Downey ct uje., 252. Contributory Negligence. 3 0. Though, In actions for injuries, the absence of contributory negligence need not be pleaded, if the complaint shows that plaintiff's own act was a proximate cau^^e of the injury it must also state his freedom from negli- gence in doing such act. — Cumminga v. Helena <£• Livinyston A?, d R. Co., 434. I ! City Water Supply — Condemnation — Complaint. I 11. A complaint by the city for the condemnation of a water supply of j certain water rights In a stream Is not defective for falling to allege that the water supply can be procured without incurring an indebtedness which, with the existing Indebtedness, will exceed 3 per cent, of the assessed valuation, or that the limit was extended by having the question submitted to the voters, and that a majority of the votes was in favor of the propo- sition, notwithsjhnding ('onstltution, Art. XIII, Sec. 6, prohibiting a city from incurring an Indebtedness, Including existing Indebtedness, exceeding 3 per cent, of the assessed valuation, unless the limit shall be extended by a vote of the people for the purpose of procuring a water supply. — City of Helena v. Royan et al., 432. City Water Supply — Condemnation — Complaint. 12. A complaint by a city for the condemnation of water rights in a stream for a wacer supply Is not defective for falling to allege that It has a^ right of way to the stream, or that it will be able to get one. — City of Helena v. Rogan et ah, 452. City Water Supply — Condemnation — Complaint. 13. A complaint by a city for the condemnation for a water supply of water rights In a stream, alleging that defendants "claim to be the owners of and entitled to the right"' of a designated quanilty of water of the stream "for Irrigating purposes" In a certain county, is fatally defective for failing to describe the lands, the number and size of the ditches thereon 620 Principal and Agent. or appurtenant thereto, and the place of diversion, though It would Involre great labor and expense to so describe the property. — City of Uelena v. liof/an et al., 452. City AVater Siipplj' — Condemnation — Complaint. 14. A compIai.it In proceedings to condemn for a city water supply water already appropriated to a public use must allege facts which show that the use for \vhi„*h the water is to be taken Is more necessary than the existing u.se, the lelative degrees of necessity being a question for judicial determination. — City of Jlclcna v. Royan et al., 452. City Water Supply — Condemnation— Complaint. 15. Quaere: In a proceeding by a city for the condemnation of water rights for a water supply, is a complaint good which does not state facts suOlcIent to show the court that it is Impossible for the city to appro- priate an ample supply from the unappropriated waters of the stream? Quaere: In a piocecding by a city for condemnation of water rights for a water supply, is a complaint or decree good if it employ only the word •inches" in relation to the measurement of water? — Vity of Helena ▼. lioi/an et aL, 452. I'llKSl'MPTIONS. As to instructions on the presumption of innocence, see Instructions, 2. As to erroneous instructions, see Instkuctions, 5. As to error being presumptively prejudicial, see Aiteal, 0. •PHINCII»AL AND AGENT. Mobility of I'rincipal. 1. A principal is bound only by the authorized acts of his agent, and prior authority or subsequent ratification must be shown In order to render the principal answorable ex eoniraetu for the conduct of his agent. — Spclman V. Gold Coin Mining d- Milling Co., 76. Gtneral Manager of Mining Company — Authoritj'. 2. The fact -hat a certain person Is genesal manager of a mining company does not. In and of Itself, imply authority In him to bind the company In matters other than those of its ordinary business affairs. — Spclman v. Gold Coin Mining d Milling Co.j 7G. Ccm tract — Ratification — I':vidence. 3. AVhere plaintiff sought to recover for medical services rendered to em- ployes of a mining corporation by virtue of a contract with the manager and secretary, testimony by a physician, whom plaintiff had called to his assistance, that he was paid by a check on some part of which appeared the name of the corporation, and that It was his Impression that It was signed by the corporation, "per some one else*s order," was not sufficient evidence of a ratification by the corporation of the secretary's contract, — f<I)elman v. Oold Coin Mining d MiUing Co., 76. C'jr.tract—Katlfication — Evidence. 4. A creditor of a raining company sought to have Us president execute a bill of sale for certain machinery purchased from defendants. The presi- dent refused, but referred the creditor to the company's superintendent. Promissory Notes. 621 who executed such bill, signing it as manager of the company. The directors of the company, with the exception of the president, resided in another state, and the president had the general management of Its affairs within the state. The creditor testified that he informed the president that the bill had been executed, and that the president knew the character of the transaction, but did not want it known that he was cognizant of the trans- action, and thnt he was in the immediate vicinity when the creditor took possession of the property. Defendants sued, and attached the machinery as the property of the company. Held, that the evidence of the ratification of the bill of sale by the corporation was sufilclent to Justify the court in submitting that (;ue8tion to the Jury, together with the bill of sale. — Trent ct al. V. Sherlock, 85. Uuauthorized Acts of Agent. 5. A contract made for his principal by an agent, but Entirely without the scope of nls authority, is no more binding, until ratification, than if made by a straager. — Trent et al. v. Sherlock, 85. Presumption. 5. The presumption that the agent has imparted his knowledge to his principal does not prevail where the agent is acting in his own or another's Interest, and adversely to that of his principal ; particularly when the agent is acting, not as agent, but openly and avowedly for himself. — Stanford v. Coram, 285. PROMISSORY NOTES. Action on Note Secured by Mortgage — Pleading. 1. Where, in an action on a note, the answer alleges that the note was secured by a real estate mortgage executed at the same time, which has noc been foreclosed, tuch allegation is a defense, and not a counterclaim, and hence a reply 'a not necessary, under Code of Civil Procedure, Sees. 720- 723, 754, requiring a reply to a counterclaim. — Brophy v. Dotoney et Wf., 252. Action on Note Secured by Mortgage — Nonsuit 2. Where, in a:i action on a note, defendants allege that the note is se- cured by a mortgage which has not been foreclosed, the fact that at the commencement of the action plaintiff made an aflldavit for attachment, in which he stated that without his fault such security had become worthless, could not affect the action of the court on a motion for nonsuit, where such affidavit was not offered In evidence, nor its contents proved. — Brophy v. Dotcney et vx., 252. Action on Note Secured by Mortgage — Defense. 3. Where, In an action on a note, defendants allege that the note is se- cured by an untoreclosed mortgage, it is irregular to show such defense by cross-examination of plaintiff's witness. — Brophy v. Downey et ux., 252. Action on Note Secured by Mortgage — Evidence. 4. Where, In an action on a note, the court had admitted evidence that the note was secured by a mortgage, it was error to refuse to receive evi- dence that the mortgage was second to another, which had been foreclosed, that the property had been sold, and the time of redemption from such sale had expired. — Brophy v. Dotcncy et ux., 252. 622 Public Pkinting. Action on Note Scjured by Mortgage — Pleading. 5. Where a note was secured by a second mortgage, wblch has become of no value because of foreclosure of the first mortgage and expiration of the time of redemption, the complaint In an action on such note need not refer to such mortgage or loss of security, the action not being to enforce such security under Code of Civil I*rocedure, Sec. 1290, providing that there shall be but one p.ctlon to recover a debt secured by mortgage or to enforce such security, vvlilch action must be In accord with the provisions of that chapter relating to mortgage foreclosures. — Brophy v. Doicney ct ux., 252. Guaranty — Renewals — Compound Interest. G. Though an antecedent agreement to pay interest on interest to become due is void, panics may substitute a new note for an old one which is due, and lucorpornre in the new one accrued Interest remaining unpaid ; and hence a guarantor of a note and renewals will be required to pay interest on the accrued interest unpaid at the time of the renewal and made a part of its principal.- iftatifoni v. Coram, 285. Compound Interest. 7. Civil Code, Sec. 2r>87, providing thnt parties may contract In writing that unpaid Inte/ost shall become a part of the principal and draw interest, does not affect notes or agreements made before its adoption in 1895. — titanford v. Coram, 285. Renewals. 8. A party gua..'an tying a note and renewals cannot be relieved of his obligation to pay Interest and attorney's fees, as provided by a renewal note, on the ground that his burden has been increased, when the evidence does not show that the original note d'd not contain such provisions; for it will be presumed that the original and renewal notes contain the same provisions. — /Stanford v. Coram, 285. Demand — Waiver. 0. A finding that a demand has been made upon a guarantor to pay a note guarantied by him, though not supported by plaintiff's evidence that the guarantor stated that suit would have to be brought before he would pay, is harmless error ; for the evidence warrants a finding that the guarantor waived a demand. — Stanford v. Coram, 285. Guarantor — Liability. 10. Under Civil Code, Sec. 3650, providing that a guarantor is exonerated, if by an act of the creditor without his consent the original obligation of the principal is altered, or the remedies or rights of the creditor against the principal are Impaired, a guarantor of the payment of a note Is re- lieved from liaDllity when the holder's cashier, with the holder's knowl- edge, accepts as payment from the principal debtor a conveyance of land, and cancels the note, and himself executes a note to the holder for the amount of the debt of the principal debtor.— ;S«an/ord v. Coram, 285. PUBLIC POLICY. See Contracts^ 5. PUBLIC PRINTING. Advertisements for Proposals to Furnish Supplies. Advertisements for proposals to furnish supplies are not public printing Rules or the Supreme Court. 623 within the lani^uage or spirit of Section 30, Art. V, of the Constitution. — " State ex rcl. Robert Mitchell Furniture Co. v. Toole et ah, 22. REAL ESTATE. Purchaser — Quitclaim Deed — Notice. 1. A purchaser of real estate Is not chargeable with record notice of a convej'ance by the person from whom his vendor had acquired title by a quitclaim deed cicecuted after the execution of the latter deed. — Choicen v. Phelps et al., 524. Purchaser — Trust Agreement Affecting Land — Notice. 2. A purchaser of real estate is not chargeable with notice of a trust agreement affecting the land, between his vendor and a person to whom the land has been conveyed by the person selling to the vendor, made after the conveyance to the latter. — Choiven v. Phelps et al., 524. Express Trust in Laud. 3. An express trust In land can only be created by a conveyance in writ- ing, which is accepted by the grantee, showing the purpose for which the grantee holds tne property. — Chowen v. Phelps et al., 524. Action to Enforce an Express Trust in Land — Complaint. 4. A complaint in an action to enforce an express trust In land must al- lege a conveyance in writing, accepted by the grantee, which shows the purpose for which the grantee holds the property. — Chowen v. Phelps et al., 524. ROBBERY. See Criminal Law. RULES OF THE 8UPREME COURT. As to rule providing for the printing of transcripts on appeal, see CUNSTITUTION, 4. Laches in Filing Transcript. 1. Under Supreme Court Rule IV, Subd' vision 2, an appeal will be dis- missed where appellant is guilty of laches In not filing the transcript with the clerk of the supreme court within 00 days after the appeal was per- fected.— tihadrillc v. Barker et al., 45. Defective Brief — Affirmance of Judgment. 2. Where appellant's brief falls to comply with the requirements of Sub- division 3 of Rule X of the Supreme Court, the Judgment appealed from will be affirmed. — Beer v. Lieiieman et al., 92. Defective Brief. 3. Under Supreme (^ourt Rule X, an order appealed from will be affirmed where the statement of the case In appellant's brief does not conform to the rule. — MatU'icvitz v. Hughes, 212. Defective Brief. 4. Where, appellant's brief contains no reference to any line or page of 624 State Agricultural College. the transcript uhere the matters referred to in certain assignments of error can be I'ound, such assignments wili not be considered. — Matusevltz V. Hughes, 212. Certiorari — Affidavit. 5. Where an affidavit applying for a writ of review does not set forth a copy of tlie order complained of, as required by Rule II of the Supreme (!ourt, nor state any reason for such noncompliance, the application will be denied.— ISIate cjp rel. licaly v. District Court, 224. Defective Brief. 0. Where appellant's brief fails to comply with the lequlrements of Sub- division "a" jf .Section 3 of Rule X of the Supreme Court, the judgment appealed from will be affirmed (unless the respondent moves a dismissal ot the appeal because of such failure). — Kranivh v. Helena Consolidated Water Co., 370. Defective Brief. 7. A failure on the part of appellants to conform their brief to the re- requirements of Subdivision 3 of Rule X of the Supreme Court, precludes a hearing of the appeal on the merits.— T. C. Poicer et al. v. Blocking ci al, 478. Defective Brief. 8. An appeal wherein the appellant's brief cop tains no assignment of the errors relied on, as is required by Subdivision **b'* of Rule X of the Su- preme Court, will be dismissed on respondent's motion. — DriacoU v. Shieldij, 494. Defective Brief. 0. An order denying a new trial will be affirmed on appeal where appel- lants' brief falls entirely to comply with Subdivision 3a of Rule X of tbe Supreme Court, fails to make any reference by line or page to the tran- script, and the nppeal from the order denying the motion for a new trial is not referred to or submitted in the statement. — Warren v. Humble et at., 495. STATE AGRICULTURAL COLLEGE. Grant of Lands by United States — Appropriation by State. 1. Act of Congress February 22, 1889, granted to the state, subject to Act of Congress July 2, 18G2, certain lands for the use of agricultural colleges. Act of Congress July 2, 18G2, provided that lands so granted should be sold, SLUd, the proceeds invested as a perpetual fund, the interest to be appropriated to the support of at least one college in such manner as the legislature might prescribe. Constitution, Art. XVII, Sec. 2, provided for the temporary leasing of such lands until they should be sold, and Article XI, Sec. 4, authorized such sale. Article XI, Sec. 12, devoted the Interest on Invested funds from sales and rents from leased lands to the mainte- nance of the Institutions to which the grants belonged. Political Code, Sees. 3470-3r>10, 8590-3595, authorizes the leasing of unsold lands by the land commissioner, and the payment of revenues derived therefrom Into the state treasiiry. Id. Sec. 1516, declares that the board of education shall receive all funds and Incomes to wh'ch any of the state educational institutions may be entitled to be used for the specific purpose of the grant. Section 1513 provides that the state treasurer shall be the treasurer of Statute of Limitations. 625 this boards Section lG2,'i gives the immediate control of the State Agri- cultural College to an executive board, the treasurer of which should give bond to the state board of education. Held, thatrthe legislature had not failed to prescribe how the income from the grant should be appropriated to the support of the agricultural college, and It was the duty of the state treasurer to pay the warrants drawn by the executive board on the Income in his possession. — State ex rel. Koch v. Barret^ 62. Disbursement of Trii^t Funds. 2. The funds and income derived from the grant were trust funds, to be disbursed through the agency of the state, and were not subject to Consti- tution, Art. VII, Sec. 20, providing that claims against the state other than for the salary or compensation of a public ofllcer should be audited and allowed by the Ftate board of examiners, and paid only on the warrant of the state auditor. — State ex rel. Koch v. Barret . 02. Income from Leases. * 3. The income from the lease of the lands granted was available for the use and support of the agricultural college, it not beiug a condition prece- dent to its right thereto that the lands should be sold, and the proceeds invested so as to provide an Income from Interest thereon. — State ex rvl. Koch V. Barrett C2. STATE FUKNISIIING BOARD. Kescinding Contract — Mandamus. 1. Where the state furnishing board regularly accepts a bid for the fur- nishing of supplies to the state, and subsequently refuses to sign the formal contract, a writ of mandate to compel such action is not obnoxious, as iu effect a suit against the state. — State ex rel. Robert Mitchell Furniture Ca. V. Toole et al., 22. liescindlng Contracts — Union Labor. 2. Under Tolitkal Code, Lee. 707, providing that the state furnishing board must award the contract for supplies for the state to the lowest responsible bidder, where the board regularly accepts a bid for supplies its action in sub8t»quently attempting to rescind the contract because the bid- der is shown to be a corporation employing non-union workmen, and hostll** to labor organizations, is void. — State ex rel. Robert Mitchell Furniture Co. V. Toole et al., 22. Contracts — Lowest Icesponsible Bidder — Mandamus. 3. That the refusal of the state furnishing board to award a contract to the lowest respoosible bidder is merely erroneous. Is not sufficient to Justify the issuance of the writ of mandate. — State ex rel Robert Mitchell Furni- ture Co. V. Toole et al., 22. STATUTE OF LIMITATIONS. Personal Action to Collect a Tax. 1. Compiled Statutes of 1887, First Division, Section 42, Subdivision 2, as amended by Laws of 1893, page 50, and Code of Civil Procedure of 1895, Section 520, limit the time for commercing a personal action to col- \ OL XXVl-40 626 Statutes. lect a tax to two years. — Hoard of County Commis^ioncra of Custer Co. v. Htorj/, 517. I'ersonal Action for ihe liecovery of Debt. 2. With respect to personal actions for the recovery of debt, statutes of limitation are not statutes of release or liquidation ; they affect the remedy, and not the right. — Board of County Commisttioners of Cuister Co. v. Story, oil. Monej' Had and Ueceived — Trusts — Fraud and Mistake. 3. PlaintiflTs son, who owned a part interest in common in certain real estate, conveyed his interest to D.. who was also a part owner, under an oral agreement U'tween the owners that it should be held and sold by D. as trustee. Thereafter the son sold and conveyed his interest to plaintiff, who conveyed to I>. under a similar trust arranged with him, and he there- after conveyed The land to defendant (\, who was a part owner, in trust to l>e held and sold for the benefit of the owners. The latter sold the property and paid the proceeds to defendant P., who was also a part owner ; the plaintiff having no Icnowledge thereof till within three years of the commencement r.Z an action to require defendants to account, though the land was sold prior to such time. Defendants nad no knowledge that plaintiff had an interest in the land, and there was no evidence showing a trust relation between plaintiff and defendants, or a concealment of the facts by defendants. Held, that the action was for money had and re- ceived, barred H'ithin three years, under Code of Civil Procedure, Sec. 514, fixing a three-year limitation for actions on contract, account, promise, obligation, or liaoility, and that there was no fraud or mistake, within the meaning of Act of March 9, 1893, providing that limitations shall not ron against actions fcunded on fraud or mistake till the fraud or mistake is discovered ; the clefendants owing no duty to plaintiff to notify her of th^ transaction. — Choicen v. Phelps- ct al., 524. STATUTES. (List cf Statutes of Montana Cited or Construed.) Codified Statutes of 1871-72. Page 107, Section 370 385 Page 110, Section aSl 385 Page 271, Section ir» 313 Revised Statutes of 1879. Code of Civil Procodnre, Section 586 476 Laws op 1881. Page 10 (Inspection of Mines) 403 Compiled Statutes of 1887. First Division (Code of Civil Procedure). Sec. 28 520 Sec. 42 519, 520, 521, 531 Sec. 49 ; .520. 521 Sec. 186 236 l^ECOXD Division (Probate Practice Act). Sec. 75 08, 100 Sec. 76 95^ 96, 100 Statutes. 627 Sec. 3r»i : .^ 97 Sec. 358 03, 96, 97, 100 Sec. 362 : 97 Sec. 367 101 Sec. 369 101 Sec. 377 101 Sec. 386 101 Sec. 387 94, 95, 96, 100, 101, 107 Sec. 388 95 Sec. 402 101 Sec. 407 95 Fourth Division (Criminal Laws). Sec. 15 313 Sec. 200 246, 247, 509, 513 Fifth Division (General Laws). % Sec. 320 144 Sec. 325 134 Sec. 435 ^ 134 Laws op 1880. Page 225 (Taxatloa) 523 Laws of 1891. Page 227 (County Auditor) 393, 394 Page 249 (Information) 16 Laws of 1893. Page 50 (Limitations) 519, 531, 532 I'age 171 (State Agricultural College Lands) 64 Codes of 1895. (Political Code.) Sees. 600-608 122 Sec. 603 124 Sees. 705-710 27-37 Sec. 872 226 Sec. 1318 430 Sec. 1321 430 Sec. 1354 428, 430 Sec. 1513 66 Sec. 1516 66, 67 Sec. 1625 67 Sec. 1628 64 Sees. 3470-3595 65 Sees. 4270-4274 429, 430 Sec. 4312 394, 395 Sec. 4318 117 Sec. 4319 117 Sec. 4328 392, 394 Sec. 4331 392 Sees. 45604570 394-396 Sec. 4636 49, 226 Sec. 4700 134 Sec. 4800 134, 469 • 628 Statutes. Sees. 4875-4880 '. 13t See. 5036 1412 Sees. 5181-5186 393, 394, 395 See. 5186 531 Sees. 5190-5193 394 (Civil Code.) See. 191 534 Seis. 1880 et seq. .. : 477 Sec. 1882 475 See. 2587 294 Sec. 3650 304 See. 3754 261 (Code of Civil Procedure.) See. 19.. : 491 Sec. 21 488, 53G Sec. 23 .488, 493 Sec. 402 244, 243 Sec. 420 250 Sec. 423... 244 Sec. 513 532 Sec. 514 531, 532 Sec. 520 520 Sec. 610 470 Sec. 685 239 Sec. 720 253, 254 See. 721 253 Sec. 722 253, 254 Sec. 723 253 Sec. 754 253 Sec. 872 201, 202 See. 875 201 Sec. 877 '. 201 Sec. 890 254 Sec. 891 254 Sec. 900 168 Sec. 903 • 168 Sec. 1154 240, 380 See. 1155 327, 362, 363, 380 Sec. 1170 502 Sec. 1171 182, 503 See. 1173 159, 327, 381 See. 1174 239, 240 Sec. 1176 359, 360, 381 Sec. 1190 380 Sec. 1197 238 Sec. 1218 168, 237 Sec. 1227 237 Sec. 1262 168 See. 1266 165 Sec. 1290 256, 258, 259, 261, 262 Sec. 1314 404, 420, 423, 484 Sec. 1315 404 Sec. 1317 401-411, 413. 434 Sec. 1721 283, 379 Sec. 1722 38, 283, 359, 379, 488, 490, 491, 493 Sec. 1723 .38, 211, 359, 488, 491, 493, 496, 502 Statutes. 629 Sec. 1724 212, 282, 385, 389, 502 Seo. 1730 535, 536 Sec. 1732 211 Sec. 1733 • 489, 493 Sec. 1736 240, 327, 328, 380 Sec. 1737 155, 156 Sec. 1738 359, 360, 381 Sec. 1739 49, 50, 156 Sec. 1740 52 Sec. 1700 211 Sec. 1763 211 Sec. 1833 386 Sec. 18."il 226 Sec. 18r)2 226 Sec. 1800 226, 227, 368, 369 Sec. 1866 227 Sec. 189r> '. 151, 534 Sec. 1943 226 Sec. 2179 558 Sec. 2214 475 Sec. 2216 470 Sec. 2608 ' 283 Sec. 2793 283 Sec. 2832 379 Sees. 2840-2847 192 Sec. 3146 309 Sec. 3196 207 Sec. 3199 207 Sec. 3470 226 Sec. 3472 ; 226 (Penal Code.) Sec. 19 35 ♦ Sec. 41 300 Sec. 352 .' 20 Sec. 361 55 Sec. 362 55 Sec. 390 10 Sec. 749 355 Sec. 750 355 Sec. 935 247, 248, 251 Sec. 1225 354 Sees. 1383-1387 15 Sec. 1 384 251 Sees. 1730-1732 278 Sees. 1 810 vt acq 15 Sec. 2078 30l> Sec. 2089 334 Sec. 2145 59 Sec. 2224 345, 346, 347, 366 Sees. 2225-2228 346 Sees. 2241-2242 346 Sec. 2442 311 Sec. 2821 ; 486 Sec. 2824 486 Sec. 2828 486 Laws op 1897. Pnpe 81 ((iamblln:?) 345 630 Statutouy Construction. Page 178 (State Lands) «5 I'age 1 79 ( State Lands) »i5 rage 203 (Municipal Corporations) 469 Laws op 1890. I»ages 87-03 (State I ends) 05 l»uge 142 ( PleadlnjO 254 Pago 14(5 (Appeals) 38, 359, 379, 488, 493, 502 Laws op 1001. Page 161 (Appeals) 38-43, 48 Page 166 ((iamblln^r) 344-347, 350 357 « STATUTORY CONSTRUCTION. Rule of Construction. 1. ''Exprcssio vnius est cxclusio altcrius." — State ex rel. Btate Board if Medical Examiners r. District Court, 121 ; May v. City of Anaconda, 140. • And" Road Instead of "Or." 2. While the court should, ordinarily, be reluctant to say that the legis- lature did not Intend to denounce as an offense an act which clearly falls within the letter cf the statute, It will not hesitate to do so when the act in question is In itself without harmful effect or tendency, and it Is rea- .sonably clear that the legislature did not intend to prohibit it. — In re Weed, 241. Statutes — Interpretation. 3. A statute must receive an interpretation in keeping with its design and spirit, and when it is a special restriction of the general right to en- force contracts ly means of the usual actions, it should never be so con- strued as to forbid an action not plainly prohibited by its provisions. — Bropfty V. Doicitcy et ux.^ 252. Criminal Law — Defendant's Credibility — Instruction. 4. IlvId, that rn instruction giving Section 2442, Penal Code, but which uses the word "must" in place of the statutory word "may" is not erro- neous.— State V. Dotson, 305. Revision of Statutes^Change of Words. 5. A mere change in the words of a revision will not be deemed a change in the law unless it manifestly appears that such was the Intention of the legislature. — State v. Dotson, 305. Gambling Law — Sentence. 6. Penal Code 1895, Sec. 2224, permitted the court in every case where n defendant, on conviction of crime, was adjudged to pay a line, to also im- prison him "until the fine and costs were satisfied," not exceeding one day for every $2 of the fine and costs. Laws 1901, p. 167, Sec. 2, provided fop the punishment, on conviction of gambling, by a fine and "imprisonment until the fine and costs were paid." Held, that the word "paid" in the latter act was sviionymous with the word "satisfied" as used in the general act, and hence a person convicted of gambling could be imprisoned not to exceed one day for every $2 of the fine and costs.— State v. Towner, 339. Supreme Court. 631 Doctrine of "JCjumly'm Oincns.'' 7. The rule of construction that, where general words follow particular ones, they muHt be construed as applicable to things of the same class, is a rule to be used r.s an aid in ascertaining the legislative intent, and not for the purpose of controlling the intention of a statute or of confining its operation to narrower limltH than the legislature intended. — State v. Wood- man, 348. Words — Rule of Confstruction. 8. Kvery word of a statute must be given a meaning, if it is possible to do so. — State ex jel. Anarotiila Copper Min. Co. v. Dimrlct Court, 39f». Terms — Rule of Constmctlon. 0. The terms employed in a statute are presumed to be used in their ordinary sense, unless it is apparent from the context or from the subject- matter that they are used in a different or special sense. —State ex rcl. Anaconda Copper Min. Co. v. Ditttrict Court, 396. srrRioMi-: coirt. Writ of Supervisory Control — Remedy by Appeal — Question oi* Title. 1. On a denial of an order permitting a survey and inspection of a mining claim, the supreme court will not grant a writ of supervisory control, there being a remedy ty appeal from the Judgment Anally rendered In the cause, and a question of title involved in the cause being one for the district court in the ^rst instance. — State ex ixl. Hennessy el al. v. District Court, 274. Writ of Supervisory* C^ontrol — Filing Information — Leave of Court. 2. I'nder Penal Code, Sees. . 1730-1732, no leave of court la necessary to file an information after commitment on preliminary examination, and a writ of supervisory control will not issue to compel the granting of leave. — State ex rel. Donovan v. Distriet Court, 275. Writ of Supervisory Control — Filing Information — Leave of Court. 3. Under Penal Code, Sees. 1730-1732, leave to file an information without a preliminary examination may be granted or refused, within the sound discretion of tne court, when no statement is made to the court of the evidence upon which the state relies for a conviction, and a writ of super- visory control to revise such discretion will therefore be denied. — State ex rel. Donovan v. Dintriet Court, 275. Writ of Supervisory Control — Order of Inspection and Survey of Mine. 4. For case where supreme court issued writ of supervisory control direct- ing district court to modify its order permitting inspection of a mine, see State ex rel. Unitize et at. v. Dintrict Court, 416. Prohibitory Injunction — Appeal — Stay. 5.* The supreme court is not authorized to suspend the operation of, va- cate, or set aside, a prohibitory injunction order during the pending of an appeal therefroai. — Maloney ct al. v. King et al., 487. Perpetual Injunction — Appeal — Modification. 6. The supreme court is' without authority to grant an order modifying ■ 632 Tenancy in Common. or vacating a pfrpetiial injunction order pending appeal from a Judgment embracing it. — Maloncy el al. v. King it al.j 492. Divorce — Temporary Alimony — Suit Money — Power to. Grant Pending Appeah 7. The supreme court is without power, either Inherent or constitutionally conferred, to allow alimony or suit money pending an appeal In a divorce case. After an ri>peal is talcen the action Is still in the district court, tlie primary forum. Allowance of suit money or temporary alimony is not within the the original Jurisdiction of the supreme court, nor is It neces- sary or proper to the complete exercise of appellate jurisdiction. — Bordeaux^ V. BordranXj Zt^S. SURETIES. Guardian's General P.ond. Sureties on the f>eneral bond of a guardian are liable for any loss whlcli the ward may biifier by reason of the default of the guardian with respect to the proceeds ot sales of real estate.^ — Hughes v. Uoodale, 93. TAXATION. Personal Action to * ollett a Tax — Statute of Limitations. Compiled Stat'.i(?s of 1887, First Division, Section 42, Subdivision 2, a» amended by Laws of 181)3, page 7)0, and Code of Civil Procedure of 1895, Section r>20, limit the time for commencing a personal action to collect a tax. to two yeirs. — Board of County Commijusivners of Custer Co. v. Story, 517. TENANCY IN COMMON. Recorded Title — Oral I'artltlon — Notice. 1. Where the title under which tenants in common have held possession is of record and is consistent with the occupancy, the possession must be referred to the record title, and it will not be constructive notice of any otlier title, legal or equitable. — Hurley v. O'Seill, 269. Oral Partition — Notl-.e — Bona Fide I'urchaser. 2. Plaintiff, purchasing the undivided half interest of S. in a lot, as shown by the record, has not constructive notice of an oral partition of the lot by S. and O., his co-tenant, from the fact that O. had for years paid the taxes on a certain half of the lot.— Hurley v. O'Xeill, 269. Oral Partition— Notice. 3. Plaintiff, at the time she took a deed for the undivided half interest of S. in a lot. Is not shown to have had actual notice of an oral partition by S. and O., his co tenant, by the fact that she thereafter paid the taxes on the part S. had occupied, and when O. forbade her sweeping her dirt onto the part occupitd by him, she said that O.'s deed was not fixed right, and that she could do what she felt lilce till there was a division. — Hurley r. O'Xein, 269. Oral Partition— Notice— Burden of Proof. 4. Held, that, under the circumstances of the case, the burden of proving actual notice of an oral partition between tenants in common rested upon the party alleging such notice.— 7/«r/ci/ v. O'Seill, 269. Water Rights. 633 VENUE. Criminal Law — County Attorney. 1. Wliere a criminal cause is removed to another county, the attorney of the county to which the cause is removed must prosecute it. — State v. Whit7Corth, 107. Action for Injury to Water Ulght. 2. In case of iujury to a water right resulting from a tortious act in an- other county, ♦he action may be brought in either county. — City of Helena V. Rogan ct al., 452. Condemnation of Water Rights. 3. Under Code oi Civil l*rocedure, Sec. CIO, requiring that actions for the recovery of real property or an Interest therein, or for injuries thereto, shall be tried !u the county in which the subject of the action or part thereof is situated, and Section 2216, providing that condemnation pro- ceedings shall bo brought in the district court of the county in which the l»roperty is situated, proceedings to condemn water appropriated for irri- gation purposes may be brought and tried in the county in which the land is situated, though the water is to be taken In another county. — City of Helena v. lioyan et al., 452. VERDICT. Directing Verdict. Where, in a suit on an alleged contract, plaintiff alone testifies in support of his case, and his evidence, though uncontroverted. Is confusing, it Is error to direct a verdict for him, as the Jury should determine the weight of his testimony, and the amount. If any, which Is due to plaintiff under proper instructioiis of the court. — WJialcn et al. v. Harrison, 316. WAIVER. Promissory Note— (Jnarautor — Demand. ' 1. A finding tnat a demand has been made upon a guarantor to pay a note guarantied by him, though not supported by plaintiff's evidence that the guarantor stated that suit would 4have to be brought before he would pay, is harmless error ; for the evidence warrants a finding that the guar- antor waived a demand.— Stanford v. Coram, 285. Demand. 2. The law does not require a useless thing, hence, when one unqualifiedly refuses to perform his obligation he thereby waives the necessity of a de- mand before bringing suit. — Stanford v. Coram, 285. ft WATER RIGHTS. Easements — Rights of Prior Appropriator. 1. The owner of a valid water right owns a certain incorporeal heredita- ment incident to his water right, to-wit, an easement In the stream and Its tributaries above his point of diversion. He also has the right to require junior approprlrttors, who take water from the stream* or Its tributaries below his point of diversion, to forbear using such water when such use 634 Writ of Supervisory Control. will deprive ipproprlators prior to Iiim, downstream, of the use of water to which they ;>ro entitled. — (lit/ of Hvlvna v. Royan vt al., 452. Action — Venue. 2. In case of injury to a water right resulting from a tortious act in an- other county, the action may be brought in either countj*. — City of Helena V. Royan et ah, 452. Condemnation — I*ubllc Use — More Necessary Vse. 3. Under Code of Civil i'rocedure, Sec. 2214. Subd. a, providing that, be- fore property alrtady appropriated to some public use can be taken under the right of emluent domain, it must appear that the public use to which it is to be appIl'Mi is the more necessary use, water appropriated for Irri- gation purposes may be condemned for the purpose of procuring a city water supply, where the use for which it Is to be taken is more necessary than the existing use. — City of IlvUna v. Royan et al., 452. WORDS AND PIIHASKS. •'Accompanied*'- - - Htate V Johnson, 10. "Accomplished" - - titate V. Johnson, 1(». '"Account stated" — Kiny v. Lincoln, 100. "Adverse party" — T. C. I'utrcr rf Itro. v. Murphy, 381>. '■And" read instt»ad of "Or" — 'In re Wf'vd, 24C-248. *'Kx\n'vnHio unius est exclusio alterius" — f^tatc fx rcl. Board of Mrd. JJxaminera v. District Court, 127. May V. City of Anaeonda, 142. "Liability created by statute" — Board of County ConimiHsloncrs v. i<tory, 520-521. "Limitations" — Jordan tt al. v. Andrus et al., JiO. "May"— "Must •-- State v. DoLson, .'U]. "Paid"— State v Totrnn', 34(t. "I'rivate attorney" — State v. Whittrorth, 117. "Probable cause" — State Y Shafer, 10. "Regulations" — Jordan el al. v. .Atulrus et ah, '\0. "Satisfied"— State V. Toirner, 340. "Such"— State f.r rvh Anaconda C. M. Co. v. District Court, 405. "Water rights" — City of Helena v. Royan et ah, 474. WRIT OF SFPKRVISORY OONTROL. See Stpbeme Court. TABLE OF MONTANA CASES CITED. Comprising the former decisions of this court cited, or commented upon, in the opinions in this volume. Alderson v. Marshall, 7 Mont. 296 482 (Nonsuit — Appeal) Anderson -v. Carlson, 23 Mont. 43.-» 214 (Rules of Supreme Court — Briefs.) Babcock v. Maxwell, 21 Mont. 507 253 (Pleading.) Baker v. Butte City Water Co., 24 Mont. 31, 113 415 (Undertaking on Appeal.) DISTINGUISHED. Bandman v. Davis, 23 Mont. 382 263 (Appeal — Affirmance.) Beach v. Spokane Ranch & Water Co., 25 Mont. 367 376 (Appealable Order.) (Appeal— .Staten^ent— Striking Out.) 382 (Record on Appeal) DISAPPROVED 156 Bennett Bros. Co. v. Congdon, 20 Mont. 208 201. 203 (Injunction.) Bennett Bros. Co. a .. FItchett, 24 Mont. 457 298 (Demand— Waiver.) Bordeaux v. Bordeaux, 26 Mont. 533 538, 540 (Divorce — Appeal— Suit Money.) Boston ^ Montana Consol. C. & S. Mining Co. v. Montana Ore Pur- chasing Co., 26 Mont. 146 207 (Injunction.) Boucher v. Barsalou, 24 Mont. 242 415 (Undertaking on Appeal.) Butte & Boston Consol. Mining Co. v. Montana Ore Purchasing Co., 21 Mont. 539 79 (Corporation — Manager — Agency.) Butte & Boston Consol. Mining Co. v. Montana Ore Purchasing Co., 24 Mont. 125 202 (Injunctions.) Butte & Boston Mining Co. v. Societe, etc. de Lexington, 23 Mont. 177 189 (Appeal — Opinion of Trial Court.) Carr, Ryder & Adams Co. Closser, 25 Mont. 149 381 (Appeal — Transcript.) City of Helena v. Harvey, 6 Mont. 114 476 (Eminent Domain.) (635) 036 Table of Montana Oases Cited. Cornish v Floyd-Jones, 26 Mont. 153 187 (Appeal — Opinion of Trial Court.) Creek v. Bozeman Water Works Co., 22 Mont. 327 52 (Appeal.) Creighton v. Hershfleld, 2 Mont. 390 238 (Judgment Lien.) Currie v. Montana Central Ry. Co., 24 Mont. 123 482 (Appeal — Record — Insufficiency of EJvidcnce.) Curtis V. Valiton, 3 Mont. 153 292, 293 (Compound Interest.) DISTINGUISHED. Dodson V. Nevitt, 5 Mont. 518 182 (Pleading.) Elllnghouse v. Taylor, 19 Mont. 462 475 (Water Rights— Public Use.) Estate of Tuohy, 23 Mont. 305 283 (A.ppeal in Probate Proceedings.) Fisk V. Cuthbert, 2 Mont. 593 27 (Action Against State.) Forrester et al. v. Boston & Montana Consol. C. & S. Mining Co., 22 Mont. 430 491 (Appeal— Stay.) DISTINGUISHED. Gallagher v. Cornelius, 23 Mont. 27 .' 496, 502 (Appeal — Jurisdiction.) Garver v. Lynde, 7 Mont. 108 239 (Pleading— Review. ) Gibson v. Hubbard, 22 Mont. 517 214 (Rules of Supreme Court — Briefs.) Gould V. Barnard, 14 Mont. 335 482 (Nonsuit — Appeal.) Grinnell v Davis, 20 Mont. 222 360 (New Trial— Record on Appeal.) Guiterman v. Wishon, 21 Mont. 458 622 (Statute of Limitations.) Hamilton v. Great Falls Street Ry. Co., 17 Mont. 334 140 (Damages.) Hamilton v. Nelson, 22 Mont. 539 72 (New Trial — Appeal.) Harding v. McLaughlin, 23 Mont. 334 364 (Bill of Exceptions— Settlement.) Harrigan v. Lynch, 21 Mont. 36 360 (New Trial — ^Waiver.) Harrington v. Butte & Boston Mining Co., 19 Mont. 411 309 (Conspiracy — Evidence.) Harrington et al. v. Smith et al., 25 Mont. Ill 92 (Rules of Supreme Court — Briefs.) Helena & Livingston S. & R. Co. v. Lynch, 24 Mont. 241 415 (Undertaking on Appeal.) ■ Table of Montana Cases Cited. G37 Higley v. Gilmer, 2 Mont. 90 441 (Contributory Negligence.) Hines v. Carl, 22 Mont. 501 51. 386 (Appeal.) Hull V. Dlehl, 21 Mont. 71 273 (Notice — Burden of Proof.) Hurley v. O'Neill, 24 Mont. 293 51 (Appeal.) In re Craigie's Esiate, 24 Mont. 37 98 (Administrator's Bond.) In re Mouillerafs Estate, 14 Mont. 245 283 (Administrators — Allowance of Claim.) In re Phillip's Efetate, 18 Mont. 311 284 (Executors — -Appeal.) (Appeal from Order of Partial 'Distribution.) 3?9 In re Weed, 26 Mont. 241 508 (Attorney — Disbarment.) In re Wellcome, 23 Mont. 140 245, 513 (Attorney — Disbarment.) In re Wellcome, 23 Mont. 213 246) 251. 514 (Attorney — Disbarment.) In re Wellcome, 23 Mont. 259 227 (Special Proceedings.) In re Wellcome, 23 Mont. 450 246 (Attorney— Disbarment.) Jobb V. Meagher County, 20 Mont. 424 393 (Codes — Adoption of.) Jordan et al. v. Andrus et al., 26 Mont. 37 45, 48 (Appeal — Rules of Court.) Kennon v. Gilmer, 4 Mont. 433 137. 442 (Contributory Negligence — ^Pleading.) King V. Pony Gold Mining Co., 24 Mont. 470 211 (Undertaking on Appeal.) Kranich v. Helena Consol. Water Co., 26 Mont. 379. .'. 480 (Briefs.) Langf ord v. King, 1 Mont. 33 27 (Action Against State.) Largey v. Chapman, 18 Mont. 563 260 (Debt Secured by Mortgage.) Leonard v. City of Butte, 25 Mont. 410 136 (Municipal Corporations.) Lomme v. Kintzlng, 1 Mont. 290 182 (Pleading.) Madigan v. Harrington, 26 Mont. 358 502 (Appeal — Jurisdiction.) Mahoney v. Butte Hardware Co.. 24 Mont. 242 415 (Undertaking on Appeal.) 638 Tablk of AIontaxa Cases Cited. Maloney v. King, 25 Mont. 188 3U (Injunction.) Maloney et al. v. Kingr et al., 26 Mont. 487 49$ (Injunction — ^Appeal — Stay.) McCleary v. Crowley, 22 Mont. 245 214, 383, 480 (Rules of Supreme Court — ^Briefs.) McKay v. MontaAa Union Ry. Co., 13 Mont. 15 441 (Nonsuit.) McMahon v. Thornton, 4 Mont. 46 182 (Pleading.) Menard v. Montana Central Ry. Co., 22 Mont. 340 72 (New Trial— Appeal.) (Record on Appeal.) 155 (Appeal— Opinion of Trial Court.) 155,187 Montana Ore Purchasing Co. v. Lindsay, 25 Mont. 24 312 (Statutory Construction.) Morris v. McLaughlin, 25 Mont. 151 496,602 (Appeal — Jurisdiction.) Mullins V. Butte Hardware Co., 25 Mont. 525 272,273 (Tenancy in Common — Oral Partition.) Mulvillev. Pac. Mutual Life Ins. Co., 19 Mont. 95 441 (Contributory Negligence.) Murray v. Helnze, 17 Mont. 353 161 (Jury Bound by Charge.) Nelson v. City of Helena, 16 Mont. 21 136,442 (Municipal Corporations — Negligence.) (Contributory Negligence.) 138 Newell V. Meyendorflf, 9 Mont. 254 35 (Contract Against Public Policy.) DISTINGUISHED. (Appeal.) 180, 184, 185 Nolan V. Mont. Central Ry. Co., 24 Mont. 327 415 (Undertaking on Appeal.) Ogle V. Potter, 24 Mont. 501 183 (New Trial.) Palmer v. Murray, 8 Mont. 174 292, 293 (Compound Interest.) DISTINGUISHED. Palmer v. Murray, 8 Mont. 312 293 (Interest on Interest.) DISTINGUISHED. Parrin v. Montana Central Ry. Co., 22 Mont. 290 58 (Appeal — Instruction — Presumption.) Patten v. Hyde, 23 Mont. 23 72 (New Trial— Appeal.) Patterson v. Pfouts, 25 Mont. 163 494 (Appeal— Defective Brief.) Pincus V. Reynolds, 19 Mont. 564 309 (Evidence — Conspiracy.) Power V. Lenoir, 22 Mont. 169 96 (Guardian's Bond.) Prosser v. Montana Central Ry. Co., 17 Mont. 372T 138 (Contributory Negligence.) Table of ^Iontana Casks Cited. G31) Quirk V. Clark, 7 Mont. 231 239 (Pleading.) Raleigh v. District Court, 24 Mont. 306 377 (Mandamus.) DISTINGUISHED. Ramsey v. Burns, 24 Mont. 234 415 (Undertaking on Appeal.) Rehberg v. Greiser, 24 Mont. 487 214,383,480 (Rules of Supreme Court — Briefs.) Rumney 'Land & Cattle Co. v. iDetroit & Montana Cattle Co., 19 Mont. 557 156 (Appeal — Presumption.) (Record on Appeal.) DISAPPROVED 156 Ryan v. Gilmer 2 Mont. 517 441 (Contributory Negligence.) OVERRULED. Sands v. Maclay, 2 Mont. 351. ..)... i • .1 182 (Pleading.) Sanford v. Gates, Townsend & Co., 21 Mont. 277 84 (Established Rule of Law Must Operate Equally.) Sklower v. Abbott, 19 Mont. 228 238 (Judgment Lien.) Smith V. Davis, 3 Mont. 109 182 (Pleading.) Smith V. Denniff, 23 Mont. 65 214,383,480 (Rules of Supreme Court— Briefs.) Smith ▼. Denniff, 24 Mont. 21 474 (Water Rights.) Snook V, City of Anaconda, 26 Mont. 128 142, 441 (Contributory Negligence.) State V. Allen, 23 Mont. 118 4 (Appeal — Review.) State V. Baker, 13 Mont. 160 20, 21 (Murder — Instruction.) State V. Biggerstaff, 17 Mont. 510 338 (Improper Remarks of Counsel— Review.) State V. Bloor, 20 Mont. 674 339 (Improper Remarks of Counsel — Review.) State V. Bowser, 21 Mont. 133 6 (Appeal — Instructions.) State V. Brooks, 23 Mont. 146 58 (Homicide — Instruction.) State V. Byers, 16 Mont. 565 309, 336 (Criminal Law — Evidence.) State V. Cadotte, 17 Mont. 315 338 (Improper Remarks of Counsel— Review.) State V. Calder, 23 Mont. 504 58, 59 (Homicide— Instructions.) (Testimony of Accomplice.) 335 State V. Clancy, 20 Mont. 498 16 (Information.) State V. Fisher, 23 Mont. 540 68 (Homicide — Instructions.) C40 Fable of Montana Cases Cited. state V. Gay, 18 Mont. 51 339 (Improper Ilemarks of Counsel — Review.) State V. Geddes, 22 Mont. 68 19 (Criminal Law — Evidence.) (Testimony of Accomplice.) 334 State V. Howell, 26 Mont. 3 58 (Homicide — Instructions.) State V. Hurst, 23 Mont. 484 6, 7 (Instructions — Individual Duty of Juror.) (Appeal — Review.) .'^ ' 4 (Improper Remarks of Counsel — Review.) 339 State v. McCaffery, 16 Mont. 33 16 (Informations.) State V. McClennan, 23 Mont. 532 312 (Testimony of Defendant — Instruction.) State V. Ryan, 12 Mont. 297 310 (Circumstantial Evidence — Instruction.) State V. Schnepel, 23 Mont. 523 72 (New Trial— Appeal.) State V. Shadwell, 22 Mont. 559 53,58 (Former Appeal.) (Evidence— Threats.) 60 State V. Shafer, 22 Mont. 17 14 (Former Appeal.) State V. Shepphard, 23 Mont. 323 481 (Appeal — Record — Insufficiency of Evidence.) State v. Welch, 22 Mont. 92 72 (New Trial — Appeal.) State (ex rel. State Savingrs Bank) v. Barret, 25 Mont. 112 28 (Mandamus.) State (ex rel. Leech) v. Board of Canvassers, 13 Mont. 23 35 (Mandamus.) DISTINGUISHED. State (ex rel. Knight) v. Cave, 20 Mont. 468 356, 357 (Statutory Construction.) State (ex rel. Lamoert) v. Coad, 23 Mont. 131 33, 36 (State Contracts.) State (ex rel. Dilline) v. Collins, 21 Mont. 448 69 (University Bond Fund.) State (ex rel, Bickford) v. Cook, 17 Mont. 529 68 (State Officers— Trust Funds.) State (ex rel. Anaconda Copper Mining Co.) District Court, 25 Mont. 504 404.407,420 (Mines — In.'ipection and Survey.) State (ex rel. Anaconda Copper Mining Co.) v. District Court et al., 26 Mont. 396 413, 414, 434 (Mines — Inspection and Survey.) State (ex rel. Anaconda Copper Mining Co.) v. District Court et al., 26 Mont. 412 434 (Mines — Inspection and Survey.) State (ex rel. Baker) v. District Court, 24 Mont. 425 226, 368 (Certiorari— Costs.) DISTINGUISHED. State (ex rel. Donovan) v. District Court, 26 Mont 355 377 (Mandamus.) DISTINGUISHED. Table of ifoNTAXA Cases Cited. 641 state (ex rel. Geyman) v. District Court, 26 Mont. 433 424 (Mines — Inspection and Survey.) State (ex rel. Healy) v. District Court, 26 Mont. 224 368 (Contempt Proceedings — Costs.) State (ex reL King) v. District Court, 24 Mont. 494 379 (Certiorari.) State (ex rel. King) v. District Court, 25 Mont. 1 369 (Certiorari— Costs.) State (ex rel. Simard) v. District Court, 13 Mont. 347 367 (Contempt— Certiorari— Review.) DISAPPROVED. State (ex rel. Whiteside) v. District Court, 24 Mont. 539 379 (Certiorari.) State (ex rel. State Pub Co.) v. Hogan, 22 Mont. 384 29 (State Contracts.) State (ex rel. Journal Pub. Co.) v. Kenney, 9 Morft. 389 27 (Action Against State.) State (ex rel. Pierson) v. Millis, 19 Mont. 444 156 (Record on Appeal.) DISAPPROVED. (Appealable Order.) 269 State (ex rel. Allen) v. Napton, 24 Mont. 450 211 (Appeal from Justice's Court.) DISTINGUISHED. State (ex rel. Eaves) v. Rickards, 16 Mont. 145 32 (Mandamus.) State (ex rel. Lloyd) v. Rotwltt, 15 Mont. 38 355 (Constitution — Special Legislation.) State (ex rel. State Pub. Co.) v. Smith, 23 Mont. 44 29 (State Contracts.) (Mandamus.) 28 (Constitution- Departments of Government.) 39 St. Louis M. & M. Co. v, Montana Co., 9 Mont. 288 403, 404 (Inspection nnd Survey of Mines.) Sullivan V. City of Helena, 10 Mont. 134 135, 136, 137 (Municipal Corporations.) Sweeney v. City of Butte, 15 Mont. 274 136 (Municipal Corporations.) Sweeney v. Great Falls & Canada Ry. Co., 11 Mont. 34 239, 241 (New Trial.) Teague v. John Capllce Co., 24 Mont. 242 415 (Undertaking on Appeal.) Territory v. Campbell, 9 Mont. 16 56 (Evidence— Previous Threats.) Territory v. Hanna, 5 Mont. 246 385 (Notice of Appeal — Service.) Trent et al. v. Sherlock, 24 Mont. 255 86 (Former Appeal.) (Principal and Agent.) 79, 82 Warren v. Humble et al., 26 Mont. 495 502 (Appeal — Jurisdiction.) Watklns v. Morris, 14 Mont. 354 415 (Undertaking on Appeal.) G42 Table of Montaxa Cases Cited. Westheimer v. Goodkind, 24 Mont. 90 234 \ (Fraudulent Conveyances.) I (Appeal — Reversal.) 273 Wetzstein v. Boston & Montana Consol. C. & S. Mining Co., 25 Mont. 135 44 (Injunction— Restraining Order.) DISTINGUISHED. Whiiteslde v. 'Liebcher, 7 Mont. 4^73 239 (Pleading — Review.) Wilson v. Davis, 1 Mont. 183 292, 293 (Compound Interest.) DISTINGUISHED. Wilson v. Harris, 21 Mont. 374 236, 237 (Fraudulent Conveyances.) Withers v. Kemper, 25 Mont. 432 240 (Appeal — Review.) Woodward v. Webster, 20 Mont. 279 363 (New Trial Statement— Settlement.) Zickler v. Deegan, 16 Mont. 198 159 (Appeal — Insufficiency of the Evidence.) 219^ '-SMv .ii ) 'II I J mmn

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沥青混凝土道路的施工技术研究 **王维维** (甘肃省白银公路局会宁公路段，甘肃白银730700) 摘要：沥青混凝土是道路施工中最常用的建筑材料，同时，沥青混凝土道路施工技术直接影响着道路建设工程质量，其直接关系到城市道路建设的安全性，对其施工技术进行研究具有重要意义。文章对沥青混凝土道路施工技术进行了深入研究，以供业内人士参考。关键词：沥青混凝土：道路施工：施工技术随着城市发展社会建设步伐的推进，社会发展对城市道路的需求也在不断加大，随着科技发展进步，道路建设施工技术也在不断发展进步中。在当前的道路施工中，沥青混凝土是较为常用的施工材料，其具有黏性高、密度小、结合性强的特性，将其作用在道路建设上能够有效地提升公路强度与稳定性，改善了传统水泥路面不平的局限性，并且沥青混凝土道路维护简便，同时也能够有效地提升公路的使用寿命，提高了公路建设的经济性。 **_1_ 沥青混凝土道路施工前的准备工作** 1.1组织道路施工人员道路施工人员是公路建筑以及其他建筑工程项目中的主要内容，同时也是建筑工程项目中不可忽视的重要环节。沥青混凝土道路施工技术对于施工人员有更高的要求，其要求施工人员的组织安排需要具有一定的紧密性，同时在施工时需要具有一定的连续性。组织过程中不仅需要对施工人员的职责与分工进行科学合理安排，同时也需要依据施工环节以及相关条件的变化做好相关的应对措施，从而以此来确保公路建设项目的质量与工期能够达到既定目标。 1.2 制定相关的道路施工方案在沥青混凝土道路施工前应当结合施工合同要求以及施工环节等条件制定相关的施工方案，从而使道路施工技术的使用能够符合道路施工的质量需求，并使其能够满足当前条件下的施工环境，也需要选择合适的使用材料，对材料要进行严格的筛选，既需要满足甲方的要求，同时也需要保障经济利益。 **_2_ 沥青混凝土道路路基施工** 2.1 道路路基施工路基是道路施工建设的基础内容，同时也是直接决定道路施工质量的重要环节，只有使路基施工的质量得到保障才能够保障道路施工的整体质量。且道路施工的施工环境通常是多变的，所以在遇到施工的外部特殊环境时应当采取相应的应对措施进行解决。如在施工中遇到水沟或水塘等环境时，首先需要确定要进行填沟还是架桥，填沟首先需要解决水与淤泥问题，之后需要确保沟槽内的地面干燥度。在填沟时，对材料的选择以填土的均匀度也需要给予一定的重视，否则将会容易出现路基下塌现象。所以在进行回填时要完全按照道路施工的分层夯实规定进行，确保沟渠地区环境能够满足道路施工需要。为了避免路基的施工出现高低不平、松软不均以及龟裂等现象，需要重视路基夯实过程中的路基密实度与平整度，对于路基横坡面施工需要严格按照标高要求去整平，并且需要预留相关的排水设施。 2.2 沥青混凝土的搅拌控制混凝土的质量是直接影响沥青混凝土施工质量的重要内容，，同时沥青混凝土的搅拌是影响混凝土质量的重要环节，所以在此环节必须要严格按照施工环节与材料配比等要求，从而使混凝土的质量得到有效保障。 _2.3_ 混凝土材料的选择材料的选择是保证混凝土质量的重要内容，原材料的质量控制可以从材料采购以及相关的材料检验等方面来实现。道路施工的材料选择在通常情况下需要充分地考虑路面的耐磨性、耐久性、刚性、防滑性以及拉压强度等物理条件。作为直接承受车辆荷载的路面，其施工技术中水泥砼面层的出现直接说明了这些内容能够被实现。此外，为了降低温度变化给路面带来的应力作用，需要对路面施工的弹性与温度膨胀系数进行充分考虑。并且，为了能够突出沥青混凝土材料对于路面施工的便利性，可适当对其酸碱度与刚度进行调配，选择高质量的砼材料。在当前的路面环境下，较为常用的水泥是欧通硅酸盐水泥或硅酸盐，去除掉强度低于42.5的数据之外，该材料其他的物理化学性能均能够满足沥青混凝土道路施工标准，且在混合材料中应用能够有效对传统混凝土道路施工的抗拉压强度进行强化。同时，将密度较高的砼用砂严格与水、灰比例进行配合，能够有效满足不同的沥青混凝土道路施工要求。且道路施工中的沥青砼表层所选用的集料应当具备耐磨、韧性强、无风化、洁净以及坚硬等特性，同时也需要满足冲击值、压碎值等要求。 _2.4_ 沥青混凝土材料的搅拌为了使沥青混凝土混合料搅拌的质量得到有效保障，在搅拌沥青混凝土材料的过程中应当注意均匀度、时间、强度等内容，从而防止材料出现离析现象，同时，在对沥青混凝土材料进行搅拌时，其温度应当维持在150~170℃的区间内。 2.5 沥青混凝土材料的摊铺与碾压在进行沥青混凝土路面摊铺前应当对路基表面进行检查与清理，确保路基的牢固与平整。对坡度等参数进行调整 **房屋建筑施工工程中的地基处理技术探析** **钟贤鸿** (中建三局集团有限公司，湖北武汉430000) 摘要：随着我国社会的快速发展，很多地区的房屋建设项目数量不断增加，而地基是房屋建筑施工的关键，需要针对实际的情况和土质条件进行有效的地基处理。因此，文章将针对房屋建筑施工工程中的地基处理技术展开分析。关键词：房屋建筑：施工工程：地基处理技术地基是房屋建设施工项目中最为重要的环节，是整个工程项目的基础，这就需要在房屋建设施工中对地基进行有效的处理，保证地基的密实度和可靠性。因此，在地基处理施工中选择合适的技术，对地基进行有效的改善。 **1 房屋建筑施工工程当中地基处理的重要性** 1.1地基处理的目的地基是房屋建筑施工工程当中最为重要的基础，与整个项目的质量和安全性有着直接的关系，因此需要对地基进行有效的处理。当前在房屋建设工程当中，需要从以下几个方向对地基进行处理。首先，是针对地基的剪切能力进行优化处理。在地基的施工当中，地基土层的可靠性和稳定性是整个地基工程抗剪切能力的重要保障。因此在处理地基的过程中，应当最大限度地降低房屋建设工程中地基土层的压力，避免剪切力对地基的破坏一。其次，需要优化处理地与选择，对路面的路幅宽度以及熨平板宽度进行适当的选择。此外，在进行摊铺前也需要充分地考虑其作业速度以及数量，并且在进行摊铺时，确保材料温度处于120~130℃区间范围。在路面完成压实与压光后要根据路面的摊铺厚度来确定碾压次数，从而确保路面完全压实。 2.6 路面接缝处理沥青混凝土路面的接缝处理通常是在施工环节，在混凝土两边没有完全结合时进行，通常情况下都是在路面碾压完成之后再进行缝隙切割作业，路面切割的最佳角度以45最为理想，同时在切割时也要保证缝隙的平整度，从而避免因为路面接缝而影响路面质量。 **_3_ 沥青混凝土路基路面施工缺陷以及处理方式** 在沥青混凝土道路路基施工的实际作业中，时常会出现施工人员在施工中操作不当而导致路面存在缺陷的现象发生，其缺陷主要表现在路面松散、隆起、局部推移、路面波浪、路面密实度不足以及出现横缝跳车等现象。且除此之外，由于经济发展城市建设的步伐推进，城市车辆在不断地增加中，导致城市道路的车流量在不断加大，路面车辆荷载量也在不断增加，而由于多数地区的路面缺乏维护，给沥青混凝土道路带来了诸多破坏，如路面泛油、坑凹、车辙、接缝台阶等现象。这些问题对沥青混凝土道路维护提出了更高的要求，所以在进行沥青混凝土道路施工时不仅需要注重施工技术的创新与改进，同时也需要充分考虑到道路后期的基的压缩性能。在地基处理的过程中需要通过相应的技术对地基的模量进行优化，增加地基的抗压性能，并改善房屋建设工程的土层沉降问题。再次，需要改善地基的透水性能。在我国很多地区，地下水资源十分丰富，因此在房屋建设工程当中需要针对地基进行透水性处理，避免地下水流动对地基产生不良景响。最后，需要对地基的水分进行处理。很多房屋施工工程都是在土质较软的地方进行施工，土质水分较多很容易造成地基沉降问题。这就需要针对地基进行有效的处理，避免地基出现倾斜、下沉等情况。 1.2 地基处理工作的特殊性首先，地基处理工作具有较高的复杂性。由于我国的国土面积十分辽阔，很多地区的土质因素都有着十分明显的差异性，在房屋建设工程施工中就需要根据当地的实际情况对地基进行适当的处理，使地基符合当地的实际土质环境情维护与使用等问题，从而提高沥青混凝土道路的施工质量，提高道路强度以及生命周期。同时在沥青混凝土道路施工结束之后也需要根据路面所在地区的实际情况制定相关的路面维护应急措施，同时对出现损坏的路面要及时进行修理维护，从而保证路面的平整，为城市行车提供舒适、安全美观的交通体验。 **_4_ 结语** 综上所述，沥青混凝土道路施工技术相较于一般道路施工技术，其工艺更加复杂，对技术要求更高。同时其道路施工中也具有更多的问题，所以在进行沥青混凝土道路施工时要严格按照相关规范与要求进行，从而使其道路施工质量得到有效保障，并且在后期的路面维护阶段应当积极对其进行维修护理，从而提高沥青混凝土道路的使用寿命，并以此推动道路建设事业的发展。 **参考文献** \[1\]闫紫竹.市政道路施工中沥青混凝土道路施工技术的应用\[J\].居业，2019(9)：120-121. \[2\]殷文俊.沥青混凝土公路施工技术在公路工程施工中的应用探析\[J\].黑龙江交通科技，2019，42(9)：50，52. \[3\]胡时柳.道路施工中沥青混凝土道路施工技术的应用\[J\].中华建设，2019(8)：182-183.

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\[陕西方言与民俗文化研究】镇坪八仙方言的“哒” 周政 (安康学院中文系，陕西安康 725000) 摘要：镇坪八仙方言中的“哒”既是助词，又是语气词。作助词用于句中动词之后表动作的完成；作语气词用于陈述、疑问、感叹、祈使句末，表示肯定、确认、假设、感慨、禁止或劝阻等语气。关键词：镇坪方言；八仙方言；“哒” 中图分类号：H172.2 文献标识码：A 文章编号：1672-2914(2009)01-0064-03 镇坪县与平利县南区的八仙镇东西相连，同处大巴山北缘、陕西省南端。东与湖北竹溪县接壤，南与重庆市毗邻。根据《中国语言地图集》的分区及作者的调查，镇坪话属西南官话成渝片，八仙则为重庆话、江淮官话(黄孝片)、湖南方言相互接触面形成的混合方言区。据调查，“哒”主要分布于平利的八仙镇、镇坪的上竹、城关、钟宝、小曙河、曙坪、华坪和白家等乡镇。“哒”在这一区域的使用频率极高，与周边方言形成鲜明的对比，是在周边方言包围之下的一个使用孤岛。当地人说“一过龙须坯，一句三个“哒'。”指的就是它的使用区域范围。 “哒”在镇坪八仙方言中既作助词，又用作语气词，其特征既近似于普通话的“了”，但在用法上又存在着一定的差异，下面介绍“哒”在镇坪方言中的基本用法。一用作助词 “哒”作助词，常黏附在句子动词之后，表示动作的完成，其类型有：表示已经完成了的动作。如： (1)来哒就住下，不要老想着要走。 (2)通哒就好，不然还真够麻烦的。 (3)猪，杀哒就杀哒，后悔个啥? 表将要发生的事情或假定要发生的事情的完成。如： (1)那桩活路，等我闲哒再说。 (2)你们计划的事不牢靠，万一弄舍哒咋办舍哒：坏了，糟了? (3)先把这桩事做好哒再说另一桩事。 (4)留到有啥用?干脆甩哒算哒干脆扔了算了。处于作补语的动词或形容词之后，表动作的完成。如： (1)你把写好哒的对子放哪里哒? (2)办成哒的事就不要管哒，要紧的是下一步事情咋弄。 (3)把捆好哒的包包放一边去。 (4)地已擦完哒，后面的事情该你哒。 “哒”在表动作完成时，宾语可省去或放在动词的前面。如： (1)(你的衣裳)我已洗哒。 (2)你讲的笑话，我听哒，咋一点儿也笑不起来? (3)饭也吃哒，酒也喝哒，该上坡哒该上坡做活了。上面列举的4种用法类型，“哒”近似于普通话的助词“了”，都用于句中动词之后表动作的完成，既可以用于表现时，又可用于表将要和假定。但二者之间在用法上也有不同的地方。可比照普通话的“了”，如吕叔湘先生主编的《现代汉语八百》\[0351-358来看镇坪八仙方言“哒”的特点。一是普通话的助词“了”既可用于口语，也可用于书面语，而镇坪八仙话的“哒”只能用于口语。如：“继续了并发展了五四运动时的三个阶段的统一战收稿日期：2008-09-20 基金项目：陕西省教育厅人文社科研究计划项目(07JK001)；教育部优秀博士论文作者专项资金资助项目(200409)；安康学院社科研究项目(2005AZX003)。作者简介：周政(1951-)，男，陕西平利县人，安康学院中文系教授。线，吸引了农民阶级加入，并且在政治上形成了这个各阶级的统一战线。“诸如此类的书面语，是不可以将“了”换成镇坪八仙话的“哒”。可见镇坪八仙话的助词“哒”在书面语中要受到限制。二是普通话的助词“了”，可用于反复体中表动作行为的重复。如：“我敲了敲门，没有回声。“只是随便谈了谈打工的事。”普通话这种表示动作行为的“V了V”格式，在镇坪八仙话中一般是不用的，大多用的是“V+了一下+P”。如果应文读需要，“V了V”在镇坪八仙话里也还只能用“了”，是不能将其换成“哒”的。二月用作语气词 “哒”作语气词，在镇坪八仙话里用得最多，表现力也最强，陈述、疑问、祈使、感叹等不限。 (一)用于陈述句末，主要用来表示肯定和确认语气重在说明事态出现变化或将要有所变化。如： (1)我们劝说了一阵，两个老人的情绪总算稳住哒。 (2)我的细娃儿开始说话哒。 (3)天要下大雨哒。 (4)他又哭哒。例(IX2)(4)表告知事态已经出现了变化，例(3)表对事态将要出现变化的预测，动词可带宾语，也可不带宾语。既表事态出现变化，又表动作已经完成。如： (1)两天的活路，她一天就弄完哒。 (②)他到底还是承认哒。 (3)他两个娃儿都上大学哒。 (4)我已经写到房子哒已经租到房子了。 (5)娃儿已经穿上新衣裳哒。所举例(1)例(3)表赞叹；例(2)表示一种成功感；例(5)表喜悦。用于形容词之后表肯定。如： (1)人老哒，手脚也慢哒。 (2)娃儿大哒，吃饭的人就多哒。 (3)这个凳子太高哒。 (4)一下天就亮哒。 (5)都上大学哒，还这么不懂道理。例(1)(2)表示一种变化已经成为现实；例(3)(5)只肯定已经出现的情况；例(4)表示即将出现的情况。用于表“曾然”语义的句末，表确认和肯定语气。如：国家哲学社会科学学术期刊数据库 (1)他前年就来哒，比你早一年。 (2)房子我已经买哒。 (3)肚子早饿哒。 (4)饭已煮起哒。 (5)工作，上个月都已找好哒。 (6)实际我早就来哒。 (二)用于陈述句末，以“不+V+哒”格式，表否定语气 (1)伤口这下儿不痛哒。 (2)老李不会来哒。 (3)老王快不行哒快死了。 (4)嘱咐的事，不要忘哒。 (5)这个还有用，不要甩哒不要扔了。从镇坪八仙话语气词“哒”的使用情况看，表否定要少于表肯定。 (三)用于假设句末，表假设某事已经发生 (1)明天要是下雨哒，我就歇它一天。 (2)要是县长来哒，你就连忙立马，赶紧喊我。 (3)要是钱够哒，我就买一套好一点的房子。 (4)你早些来就好哒。 (四)用于疑问句末用于是非问句末。如： (1)你大学毕业哒? (2)你爹来哒? (3)房子卖哒? 这种问式最为简单，句末单用“哒”，即表不知而问，又表征询之意。有时又以“V+哒+没得”格式表疑问。如： (1)吃饭哒没得? (2)地耕完哒没得? (3)你爹的病好哒没得? 这种格式语气表达平和，对方感觉亲切，使用频率较高。用于特指问句末。如： (1)先个儿刚才还好好的，咋一下给哭哒? (2)她咋来哒? (3)他叫么子什么来哒? (4)你到哪里去哒? (5)你咋把我的水给喝哒? “哒”表特指问，多要求对方回答，予以确认。用于反问句末。如； (1)你能来，我就不能来哒? (2)你噢饱哒，就不管别个哒? 这是镇坪八仙话的·种以陈述句式或疑问句式表示反问语义的表达方式，重在语气的强调。 (五)用于感叹句末，表示“期待、惊奇、羡慕、蔑视或憎恨”等语气 (1)天晴哒! (②)国庆节快到哒! (3)你跑得简直太快哒! (4)你们的口子，过得已经够好哒! (5)国家终于解放哒! (6)那娃子太坏哒! (7)好哒!碗给打哒! 句中的“哒”，相当丁普通话的“了啊”。该类句，除用“哒”表示语气外，谓语前还常加“要、快、该、简直、终于、太、真、够”等副词进行修饰，以增强感叹程度。 {六)用于祈使句末，以否定式表示禁止或劝阻 (1)不要吵哒!先听我讲。 (2)做事不要太绝哒! (3)一定记住，水不要浇多哒! (七)可与“啰、吵”等语气词合用，表示多重语气(1)要是给.百的话，那倒好哒啰! (2)你们去哒，我也去哒吵! 综上所述，镇坪八仙话的语气词“哒”，最突出的特征是，既可表陈述语气，也可表疑问语气、祈使语气、感叹等语气，具有兼具多种语气的作用。而普通话没有一个语气词具有这种作用，总是表达不同的语气要用不同的语气词。可见镇坪八仙方言的语气词“哒”要比普通话语气词的适应范围要宽泛得多。三镇坪八仙话“哒”的词语来源据考察，镇坪八仙话的“哒”应来自湖南以及湖北的鄂西方言，这可以从两方面说明。据民国三十三年(1944)《镇坪县志》(卷儿)边121-123记载，镇坪曾因南宋末年蒙古军南下及明末清初张献忠、李自成起义两次大规模战争镇坪八仙这一带人口死亡和逃亡几于殆尽。至明成化年间和清乾隆时期，人口曾两度回升，也大都来自于湖广和四川的移民和流民。这从民国三十三年二月镇坪的人口普查数也可以得到说明。两湖及四川人数为1713人，占全县总人口数的61%。很显然，镇坪的语言基础是以湖北、湖南以及四川为主要底层，按此推论，助词“哒”的进入并被广泛保留在镇坪是完全符合历史条件的，当然紧靠镇坪之测的八仙镇也就自然处于“哒”的语言范围了。从“哒”的用法特征看，镇坪八仙话同湖南(彭兰玉《衡阳方言语法研究》3J146-147；159-162鄂西方言(赵元任《湖北方言调查报告》14H567-1570)相比，除没有少数特殊用法，如表结构的介词用法(你站哒那里做马格?)、表反复问句(他到底来哒没来哒?)以及没有湖南、湖北等特有方言词外，表达的类型以及所用的基本格式几乎完全一致。这单从语言的本身特征也充分证明了之间的渊源关系。当然也可以说，如没有占相当比例的湖南、鄂西移民，“哒”的用法特征在千里之外的镇坪八仙得到保留，那也是完全不可能的。参考文献： \[1\]吕叔湘.现代汉语八百词|Mj.北京：商务印书馆.1999. \[2\]镇坪县志\[M\].民国三十三年(1944). \[3\]彭兰玉.衡阳方言语法研究\[M\].北京：中国社会科学出版社，2005. \[4\]赵元任.湖北方言调查报告\[M\].北京：商务印书馆，1948 “Da ” in Dialects of Zhenping and Baxian ZHOU Zheng (Department of Chinese Language and Literature， Ankang College， Ankang， Shaanxi 725000，China) Abstract： “Da ” in the dialects of Zhengping and Baxian is not only an auxiliary word， but also a word ex-pressing tones.As an auxiliary word， it is used after verbs to indicate the completion of an action， as a word ex-pressing tones， it is used at the end of declarative， interrogative， exclamatory and imperative sentences to indicate aflirmation， confirmation， supposition， exclamation， prohibition or dissuasion， etc. Key words： dialect of Zhengping； dialect of Baxian；“Da”

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国际商业票据市场监管方式最新变化及启示胡松 (中国华融资产管理公司博士后工作站，北京100045) 摘要：商业票据市场是典型的受管制的可转让证券市场，：也 Abstract： Commercial bills market is a typical regulated是货币市场的重要组成部分。本文介绍了国际商业票据市场securities markel， a significant part of capital market. This的监管框架，重点对国际商业票据市场监管方式的最新发展paper reviews the regulatory pattern of international情况进行了分析，并深入探讨了这种变化对商业票据市场的commercial bills market， with more emphasis on the latest重大影响：最后结合我国短期融资券市汤的现状，提出了我regulatory evolution. The author makes a deep analysis of们应当借鉴的经验和采取的政策， how this change is affecting the market. He also makes policy proposals relating to Chinese short-term notes 关键词：商业票据；市场监管：信用评级；信息披露作者简介：胡松，金融学博士，中国华融资产管理公司博一market. 后工作站博士后研究员，研究方向：资本市场理论与金融风Key words： commercial bills； market regulation： credit险管理. rating， information disclosure 商业票据(Commercial Paper， CP)是-种以短期融资为目的、由较高信用等级企业在货币市场上发行的无担保票据。现代商业票据起源于美国，崛起于20世纪80年代，与货币市场其他工具相比，商业票据具有市场准入门槛低、风险较大，监管严格等特点，是典型的受管制的可转让证券(Regulated Securities)。正是这种规范运行的特征奠定了商业票据市场健康发展的基础，使其不仅日益成为各国货币市场中的一个重要子市场，商业票据利率也成为了各国货币政策的一个重要指示器。根据BIS的统计，1994年全球商业票据未清偿余额为8029.99亿美元，随后一路持续增长，到2000年底时达到了20517.47亿美元。然而，进入2l世纪后，受美国能源公司违约事件的影响，国际商业票据市场规模急剧萎缩，各国监管部门根据本国实际，陆续采取各种有效措施规范市场行为，恢复市场信心，商业票据市场的运行逐渐趋稳，市场结构和功能也开始发生变化。本文将通过对国际商业票据市场监管领域的最新变化进行归纳说明，分析这种变化对市场的深刻影响，总结国际监管的经验，以期为我国短期融资券市场的健康发展提供借鉴。国际商业票据市场监管的一般框架 20世纪80年代以前，现代商业祟据市场只存在于美国、加拿大等国家、在20世纪80年代兴起的金融自由化浪潮推动下，欧美其他国家纷纷效仿美国创设本国商业票据市场，并逐步构建起木国的票据市场监管框架。一、监管法律依据与监管主体由于金融法律环境及其演进的差异，各国商业票据的监管法律框架存在明显的差异性，市场主导型国家般将商业票据视为证券，山证券监管部门进行管理，如关国规范祟据的文件是《1933年证券法》，监管部门是美国证监会(SEC)：英国的相关文件是1995年推出并于2001什修订的《证券公开发行管理条例》，监管部门是金融服务管理局(FSA).而在银行主导型的国家，商业票据被视为货币市场工具，由中央银行来管理。在日本，监管法律文件是《证券交易法》，监管主体是日本银行；在法国，监管法律文件是《金融与货币法案1998》，监管部门是法兰西银行。二、监管的主要内容 1.发行主体监管一般来说，在市场主导型的金融体系中，准入门槛较低，无论发行主体的性质和行业属性如何，只要符合免注册等规定，均可以发行商业票据，所以商业票据的发行主体有银行3和各类非银行公司等。而在银行主导型的金融体系中，出于审慎目的，增加了约束发行主体性质的一些条件，如法国和日本规定银行不得发行商业票据。 2.信用评级与信息披露监管信用评级是信息披露的重要环节，各国监管部门均要求企业发行票据必须进行信用评级。20世纪70年代之前，国际资信评级行业主要从事企业违约情况分析和长期资信评级，宾州中央铁路公司违约事件后才开始进行企业的短期评级，由于票据期限短，商业票据信用评级没有长期债务评级那样精细，评级机构更关注流动性便利和银行信用支持等第三方支持措施对企业偿债能力的影响。在信息披露方面，各国规定票据发行必须发布发行招募说明书，在说明书中要详尽披露有关公司财务、业务发展的具体情况。由于许多发行企业也是上市公司，在资本市场披露的信息内容大部分也涵盖了商业票据信息披露的内容，因此，票据发行招募说明书可能会很简约。为强化票据的信息披露，法国等国还制定了严格的定期信息披露制度，要求企业每月进行一次企业财务信息披露，至少每三个月作-次信息披露。此外，各国要求非金融企业发行的商业票据必须通过银行或合格承销商间接销售，这就要求银行或承销商必须对发行企业的经营管理和财务状况进行跟踪监控，从而能进一步有效控制商业票据的风险。 3.投资者行为监管对投资主体行为的监管涉及投资范围、投资比例等。如美国《1940年投资公司法案》规定机构投资者投资的票据品种只能是“合格票据”，即发行人必须至少从两家全国认可的评级公司中获得最高的两种信用评级“P-1或P-2”之·至少被两家评级机构评为“P-1”的合格票据是l类票据，1类之外的合格票据为2类票据。该法案第2a-7条还规定：货币市场共同基金持有某家公司发行的l类商业票据的比例不能超过其资产的5%，持有某一家公司发行的2类商业票据的比例不得超过其资产的1%；此外，持有的2类商业票据的总资产不能超过基金资产的5%。近期国际商业票据市场监管方式的新变化进入21世纪后，以2000年中期至2001年早期的加利福利亚能源危机中两家大型公用事业公司――太平洋燃气和电力公司与南加利福利亚爱迪生公司的违约事件为起点，商业票据违约率不断攀升，各国国内市场规模急剧萎缩，更为严重的是非金融机构部门成为了本次冲击的重定区，以美国为例，2000年非金融机构商业票据未清偿余额为2784亿美元，但从2001年开始，未清偿余额迅速下降，2001年到2003年， CP余额分别为1779亿美元、1199亿美元、848亿美元。鉴于这一严重情况，各国监管部门相继推出了系列改进措施。一、促进信用评级技术的改进信用评级机构方面加强了对企业财务报表的审核力度，在确保企业财务信息真实性的前提下，重点分析企业流动资产和流动负债的关系，严禁企业过分依赖商业票据融资，同时也加强了对企业长短期评级方法体系的有效结合。以标普公司为例，为了整合长短期信用评级体系，该公司提出了信用观察理念。信用观察突出了短期或长期评级的潜在趋势，着重考虑那些置于分析人员监督下的重大事件和短期变化趋势，主要包括：资本结构调整、股东大会投票，政府管制和预期的业务发展情况，当发生了以上事件或出现了与预期的评级走势偏离的情况时，评级将进入信用观察，并需要进一步的信息对该评级进行重新考察，但这并不表明评级一定会发生变化。信用观察并不考察所有的评级，而且事件进入信用观察也不是评级改变的个必要程序。“正面”的信用观察表示评级短期内可能被调高；“负面”的信用观察表示评级短期内可能被调低，而“待定”的信用观察表示评级短期内可能被调高、调低或维持不变。信用评级方法体系的改进提高了市场准人的门槛，对商业票据的规模和结构变化产生了直接影响。二、银行风险监管力度加大遏制了银行信贷承诺的过度扩张商业票据的发展扩展了银行利润增长的空间，但监管部门担心表外业务会增大银行风险。根据巴塞尔委员会《Thc New Bascl Capital Accord， Basel Ⅱ》的规定，包括表外业务在内的银行各类业务风险均受资本充足率的约束，这就严重约束了银行表外业务的扩展，银行风险管理意识的增强使银行实施第二方担保行为更为谨慎，对企业商业票据项目的审核更为严格。银行收缩信贷承诺规模和调整授信标准必然会影响商业票据的规模和结构。二、各国加强了对机构投资者行为的管理最为典型的是欧盟推出了UCITS系列指令， UCITS(Undertakings for Collective Inveslment in Transferable Securities)是可转让集合投资计划的简称，凡符合指令要求的基金只需获得欧盟一个国家的核准，就可以在其他成员国销售和投资。其中， UCITSⅢ规定2004年2月13日以后认可的基金必须符合该指令要求。指令明确规定了投资基金管理人和托管人的资格与条件、基金的投资政策和风险控制等内容，就投资品种的规定来说，基金可投资于成员国或非成员国证券交易所正式上市的各类可转让证券。就基金的投资比例来说，基金投资于同一主体发行的证券，不得超过基金资产净值的5%；投资于同一发行人的货币市场工具的比例不得超过基金资产的10%；基金投资于一个主体发行的证券超过5%时，该类投资的总和不得超过基金资产净值的40%。就基金的风险防范来说，指令要求基金维持5~10~40%的投资比例限制(指数基金除外)，并将此规则适用到货币市场工具，同时引入累积投资限制规则和集团的概念，强化整体风险管理。 UCITSⅢ指令不仅严格了对基金的投资范围、比例和风险控制的管理，而且也改变了基金等机构投资者的风险偏好，进而对商业票据市场的发展产生了深远影响。四、证券市场信息披露要求更加严格2001年12月安然事件后，美国国会和政府加速通过了《萨班斯法案》(简称SOX法案)。SOX法案主要强调对会计职业及公司行为的监管，包括：建立一个独立的“公众公司会计监管委员会”(Public Company Accounting Oversight Board， PCAOB)，对上市公司审计进行监管；通过负责合伙人轮换制度以及咨询与审计服务不兼容等提高审计的独立性；对公司高管人员的行为进行限定以及改善公司治理结构等，以增进公司的报告责任；加强财务报告的披露；通过增加拔款和雇员等来提高SEC的执法能力。此外，法案也提高了对公司高管及白领犯罪的刑事责任。显然，严格市场信息披露要求必然会进一步提高商业票据市场的透明度，约束市场各类参与主体的行为。监管措施改进对商业票据市场的影响一、市场规模开始缓慢回升近年来，为促进经济复苏，美联储多次下调联邦基金利率，这一方面不仅刺激了企业发行长期债券，减少了对商业票据的依赖(Pu Shen， 2003)，而且改善了银行资金的可得性，吸引了更多企业转向信贷市场融资。另一方面，随着商业票据市场的不断规范，低利率也刺激了票据发行规模的缓慢回升，根据美联储统计，美国非金融机构商业票据未清偿余额由2004年的1016亿美元上升到2006年的1171亿美元，而截至2007年9月6日止，美国未清偿商业票据总余额为2057亿美元，发行企业数量达到9453家。二、资产支持票据和1类票据发行比例增加，市场风险明显降低资产支持票据(Asset-Backed Commercial Paper， ABCP)是指以发行企业获第二方资产作为抵押物而发行的商业票据，最早产生于1983年的美国。ABCP能够为票据发行项目提供稳定的流动性支持，阻隔企业的经营管理风险，提高发行企业的信用评级等级。近年来，美国商业票据市场中不仅1类票据的比例越来越高，而且各类票据以资产支持形式发行的比例也在不断增长。2001年以来，各类商业票据未清偿总余额中绝大部分都属丁1类票据，而资产支持票据无论从绝对规模还是从占票据未清偿余额的比重来看都在不断攀升，其绝对值从2001年的6458.57亿美元增长到2006年底的9812.81亿美元，相应占比也从2001年的49.7%增长到2006年的56.37%，见图1(美联储网站数据). 资产支持票据的发行直接导致了越来越多的资信等级略差企业进入商业票据市场。据穆迪公司的统计\[3\]经该公司评级的P-2级企业数量从1989年开始一直呈上升趋势，进入21世纪后，这类企业的数量一直维持在高水平。P-2级企业数量2001~2004年分别是416家、453家、433家、437家，P-2级企业数量占比在2004年高达32.39%；相反，P-1级企业的数量从2000年开始大幅减少，从2000年的1024家降到2004年的779家，占比则从2000年的64.77%降到2004年的54.75%。这说明市场在一定程度上部分否定了信用评级的风险识别与筛选作用，转而依赖更为现实的担保形式确保投资安全。三、货币政策指示器功能有所恢复作为货币市场的种重要工具，商业票据具有一定的经济预测功能，这种功能是通过票据利率与短期国债利率差异即票券价差(Paper-Bill Spread)的波动体现出来的：经济收缩时票券价差会增大；反之，会缩小，西方学者提出了四种解释：(L)违约风险假设认为投资者预计经济收缩会限制企业获得必要现金流的能力从而增加违约风险，因此会要求个更高的违约风险溢价。(2)货币政策假设(Cooke， 198\])认为从紧的货币政策导致借款人转向商业票据市场筹资，从而导致商业票据利率的提高。如果票据与短期国债的替代性不高，就会限制两个市场的套利行为，商业票据利率就会随国债利率而上涨(3)现金流假设认为经济收缩会减少企业的现金流，迫使企业通过发行商业票据为增加的存货需求融资，从而增大票券价差；(4)流动性假设(Jones、\[5\] Ostroyy， 1983) 认为经济紧缩会导致投资者的不确定性增加，从而促使投资者进行流动性结构的调整，如增加国库券的持有，减持商业票据(J.Peter etal.，1994) \[6\] 上述假设在20世纪80年代中期之前的商业票据市场得到了很好的验证。然而，进人80年代中期后，随着各国金融管制的放松和票据市场规模与流动性的变化，票券价差的变动不再具有规律性；相反，票券价差在不断扩大，经济预测能力明显下降。些实证结果证明了这一点(Bernakc，1990；Fricdman和Kuttner，1993)，他们认为其根源在于：短期国债的面额变小、流动性增强、税收优惠等变化和特点加剧了与商业票据的不完美替代性，资金更多地流人国债市场，扩大了票券价差；信用等级较差企业的增加扩大了商业票据市场供给，并导致票据质地下降，这必然压缩商业票据的需求空间而扩大其成本空间。近几年来，这种情况得到了改善，票券价差的预测能力有所恢复，以美国为例，2000~2002年， GDP的增幅出5.92%降为3.17%、3.37%，3个月票券价差却从45个基点降为25个、8个基点，与前述经济收缩伴随票券价差扩大的假设完全相悖。但从2003年开始，美国经济增幅加快，由2003年的4.69%上升到2004年的6.86%，票券价差从2003年的10个基点降为4个基点。2004~2006年， GDP的增幅由6.86%降为6.35%、6.33%，票券价差则从4个基点上升到27、37个基点(见图2)。显然，这种变化与票据质地提升对投资者的影响有密切关系。综上所述，各国监管部门通过实施改进信用评级技术、强化对商业银行的风险监管、严格投资主体投资行为和信息披露要求等措施来不断提高商业票据质量，降低整体市场风险。对我国发展短期融资券市场的启示一、我国短期融资券市场现状我国的短期融资券与商业票据相似。在20世纪80年代后期，我国曾尝试发行过企业短期融资券，但因各方面条件不成熟，不久便退出了市场。以2005年5月中国人民银行推出《短期融资券发行管理办法》为起点，我国短期融资券开始了崭新的历程。较为完善的市场体系、规范的市场运行机制和众多的机构投资者群体为短期融资券的快速健康发展奠定了坚实的基础，其发展势头迅猛。从2005年到现在，共发行了508只融资券，累计融资6637.3亿元；仅2007年年初到现在，就发行了187只融资券，发行额达到了2293.8亿元，到年底突破4000亿难度不大(见表1)。但是，我国短期融资券在发展过图1 美国商业票据术清偿余额数燃总额姐1类票据C口2类票据仁资产支持 -+--ABCP占比程中也出现了一些新问题(见表l)。从短期融资券的期限结构看，期限延长的趋势开始显现。2005年发行的一年期融资券为60只，占总数的76%；2006年发行的一年期券有197只，占81%；2007年已发行一年期券165只，占88%。与此形成鲜明对比的是我国短期融资券的换手率(流动性)不断降低，表现出期限延长而流动性下降的趋势，这意味着短期融资券市场风险有不断淤积的迹象。从评级结构看，信用评级结果有趋同化的趋势。2005年获得A-1+级的企业有33家，占发行总数的41.8%；2006年获得A-1+级的企业有52家，占21.5%；而到了2007年除了未评级的企业外，所有企业均为A-1级。反差强烈的是，融资券的发行利率却呈现出由一致到分化的变化趋势。2005年发行的短期融资券利率几乎都是2.92%，无信用级别、所有制形式、行业之分。此后利率开始发生分化，今年以来利率最高为5.28%(广西水电集团)，最低为3.34%(中国网通)。尽管利率差异增大综合反映了宏观经济环境、利率、流动性等因素的影响，却很难看出评级结果对融资成本的重要影响。显然，我国信用评级机构并未发挥其应有的评价风险、揭示风险的作用。此外，我国短期融资券的信用支持形式过于单一、信息披露的内容过于简单也是不容忽视的问题。二、国外经验对我们的启示商业票据本质上是通过市场机制的作用，筛选出一批市场敏感度高的企业，成为货币市场的重要主体，通图2 美国非金融机构商业票据与国库券差价单位：% 过这类企业对市场信息特别是政策信息的反应来影响整个市场，并将这种信号迅速地传递到资本市场，达到完善利率体系、加强货币市场与资本市场的连动性、提高整个金融市场弹性的目的。国际商业票据市场监管方式的最新变化告诉我们，要保证商业票据市场健康快速发展，必须加强市场供需主体建设，大力促进以信用评级机构和商业银行等市场中介机构的发展，进一步加强以信息披露制度为核心的市场运行机制建设。 1.大力发展评级事业，有效过滤风险信用评级机构作为信息生产的专业机构，能够有效地降低信息不对称的程度，为投资者过滤掉大部分风险。目前，我国信用评级机构存在着评级技术落后、评级标准不统一、机构独立性不强等问题，为此，应该借鉴国际评级机构的经验，从影响企业长短期偿债能力的因素及其相互关系人手，着力打造符合中国国情的评级方法和技术，统一评级标准。另一方面，要通过扩大评级范围和提高评级收费标准，大幅增加评级机构的收入来源，提高评级机构的独立性和自律能力。 2.充分发挥商业银行的作用我国商业银行由于公司治理结构、经营理念、风险技术等制约因素的影响，介人短期融资券市场深度不够。为此，我们要积极鼓励更多商业银行介人融资券市场，商业银行也应该转换观念，强化风险意识和服务意识，在推动优质大客户更多走向融资券市场的同时，用多元化的金融服务手段塑造新型的银企关系，更深层次资风险。 4.以提高市场透明度为核心完善市场运行规则我国短期融资券的发行主体绝大多数都是上市公司，资本市场的信息披露制度能够在很大程度上满足短期融资券市场的需要，但短期融资券市场信息披露要侧重于披露影响企业短期流动性的因素，完善定期披露制度；要进一步减少各种费用，降低收费标准，简化审批程序，实现企业的滚动发行，缩短发行期限；积极推动票据的回购和抵押交易业务，增强短期融资券的流动性。和市场运行规则等因素看，只能看作是美国商业票据市场的子市场，而澳大利亚市场则因规模太小可以不予考虑。 3在美国，非银行公司可以分为金融公司和非金融公司。金融公司包括三类：企业附属型金融公司(captive finance company)，银行控股型金融公司和独立金融公司。非金融公司通常是各类实体企业。参考文献： \[1\]J.S. Alworth and C.E.V.Borio， Commercial Paper Markets： A Survey， BIS Economic Papers， No.37， April1993. \[2\]Pu Shen， Why Has the Nonfinancial Commercial Paper Market Shrunk Recently?\[B\] Economic Review， Federal Reserve Bank of Kansas City，2003. \[3\]Short-term rating performance and corporate commercial paper default， Global Credit Research， Moody's Investors Service，1972-2004. \[4\]Cooke， Timothy Q.， Determinants of the Spread between Treasury Bill Rates and Private Sector Money Market Rates\[J\]， Journal of Economics and Business， Spring/Summer， 1981，177-187. \[5\]Jones， Robert A.， Joseph M. Ostroy， Flexibility and Uncertainty\[\]， Review of Economic Review， March1983，78-98. \[6\]J. Peter Ferderer， Stephen C. Vogt， Ravi Chahil， Liquidity， Uncertainty， and the Declining Predictive Power of the Paper-Bill Spread， No. 119，1994，Clark University Working Paper. \[7\]Bemake， Ben S.， On the Predictive Power of Interest Rates and Interest Rate Spreads\[J\]， New England Economic Review， Nov-Dec 1990，51-68. \[8\] Friedman， Benjamin M.， Kenneth N. Kuttner， Why Does the Paper-Bill Spread Predict Real Economic Activity? In New Research in Business Cycles：Indicators and Forecasting\[M\]， James H. Stock and Mark W. Watson， eds.， Chicago： University of Chicago Press，1993，213-249.

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中华人代共鞋康劣动合历劳动着，该是美观察号2008.02.01 安徽农民工喜签劳动用工合同。photobase 策划：本刊编辑部渴望有尊严的劳动 ■观察记者刘晓林劳动创造世界。不劳动者不得食。天下没有白吃的午餐。没有不劳而获的事情。从这个意义上说，这个世界没有一个人是不劳动者。因此，可以这样说，劳动与每一个人相关，劳动法律也与人人有关。就在我们中国人劳动了那么久的时候：2007年6月29日，《中华人民共和国劳动合同法》作为一部劳动领域的基础性法律，终于得到全国人大批准通过。这是我国自1995年颁布《劳动法》之后制定的又一部相关法律。2008年1月1日，该法律正式施行。《中华人民共和国劳动合同法》包括总则、劳动合同的订立、劳动合同的履行和变更、劳动合同的解除和终止、特别规定、集体合同、劳务派遣、非全日制用工、监督检查、法律责任、附则这些主要内容。之所以要制定本法，总则里说得很清楚：“为了完善劳动合同制度，明确劳动合同双方当事人的权利和义务，保护劳动者的合法权益：构建和发展和谐稳定的劳动关系，制定本法”。本来有了《劳动法》，现在又新制定一个《劳动合同法》：这是为什么? 还有多少事可以“目中无法” 就在我们为劳动者和用工者之间可以用法律手段来明确双方的权利和义务而拍手相庆的时候，一些简单常识性的问题也不免让我们有些劳动者犯迷糊：劳动本来是世界上最光荣的事，劳动原来是世界上最基础的事，我们用自己的脑力、体力凭良心努力工作就是了，为什么还要强调劳动的权利?为什么还要用法律来保护劳动与劳动者? 因为长期以来，在我们许多劳动关系还算正常的另一面：也存在着这么一种常态：那些劳动关系大多是任凭用工者以强势霸王的身份单方面向劳动者提工作任务，由用工者单方面向劳动者定待遇，甚至在干活前用工者根本不如实告知劳动者工作内容、工作条件、工作地点职业危害、安全生产状况、劳动报酬，以及劳动者要求了解的其他情况，随意扣押劳动者身份证或其他证件以及随意定押金，不与劳动者签订劳动合同，随心所欲地变更、解除或者终止劳动关系……，而不少善良的劳动者总是处于弱势状态任由用工者摆布，所谓“端人饭碗·就服人管，就得服软"“工作不好找，人家能给自己一个工作就谢天谢地了，哪还敢跟老板、领导较真”劳动者与用 1月21日上午、江苏兴化市陶庄、开发区等乡镇的60多名农民工在该市城投(兴化)置业有限公司“城投国际街区销售中心”前讨要150万元血汗钱。 photobase 工者之间的关系是下级与上级、被雇佣者与雇主、拿薪水者与发薪水者、端饭碗者与给饭碗者之间的不平等关系，哪里还谈得上劳动者有什么权利?然而，劳动者面对用工者应有和谐协商的资格，劳动者的劳动也应是有尊严的。新实施的《中华人民共和国劳动合同法》，终于让劳动的权利和义务在所有国人面前规定得十分清楚。对照这部法律，我们才知道，原来劳动关系双方还可以做这些事情，原来我们有这样的义务和权益。这时我们才醒悟到：原来在我们现实生活中有过多少践踏劳动者尊严的恶劣行径!大则用工者非法用工、剥夺劳动者休息的权利和获取劳动报酬的权利，甚至野蛮地剥夺劳动者的生命：小则侮辱劳动者的人格：不把劳动者当一回事情…… 不需要怎么努力回忆、下面这些事实，我们一定还记得，它们通过新闻报道是那么清晰地呈现在国人眼前，让我们简直不愿相信这是发生在身边的真实故事— 2007年：在中国大地上传出一个个惊天新闻： —400名河南孩子被卖到山西砖窑，400位父亲泣血呼救!人贩子介绍1个未成年黑工，可得介绍费400一500元；砖窑每出1万块砖，窑厂主支付给包工头360元。而现在每1万块砖的市场价：为 2000-3000元；包工头靠克扣工人工资：或设法寻找更低廉实用的劳力赚钱。用未成年黑工本来就是非法用工，这种违法行为居然也出现在光天化日之下! ——山西32个农民工被囚黑砖厂，1天工作20小时!黑砖厂由5名打手和6条狼狗巡逻，农民工们每天面对的是打手们冰冷的铁棍以及狼犬的血盆大口，动作稍慢就会遭毒打，不听话者被活活打死!暴利下却不给工人一分工资，砖场没有手续，用工也是非法的。 ——有1名不知姓名的流浪汉，突然被人发现死在湖南未阳锡里砖厂附近的一个基建工地上：由此牵出一个黑心砖厂与“乞丐收养所”相互勾结的事件：砖厂从“乞丐收养所”招人做事，这些如同“包身工"一样的人每天进行长时间、超负荷的劳动，却得不到任何报酬，砖厂发的“工资”全部被汇往四川渠县“乞丐收养所”负责人曾令全的手中。更惨的是，这些“包身工”稍有不从，就会遭到监工的电击、殴打，或者是体罚、饿饭等形式的惩戒! ——东莞谢岗镇的凡振电子有限公司总务部部长朴锺吉骂“中国保安不如狗”，前任保安队长愤而离职。而新近招来的2名保安员到岗后，朴锺吉再次声称：“多招这两个保安、还不如多养两条狗。”对于这样的说法，退伍军人出身的保安员倪昔水认为，这是对军人的侮辱，也是对中国人的侮辱，“我们绝对无法接受。” ——这些年不断发生的矿难事故中，暴露了这样那样的与劳动合同法相抵触的事情：有的矿主根本不与矿工签订劳动合同，有的事先不告知矿工职业危害、安全生产状况、劳动报酬，甚至在事先明明知道矿井有严重的安全隐患，本应停工停产的，却置矿工的生命于不顾，违章指挥或者强令冒险作业，以至最后矿井透水、坍塌、瓦斯爆炸：多少矿工命丧黄泉，矿工遇难后，一些不法矿主给予的补偿却又少得可怜! 这种无法无天的非法用工，根本无视劳动者、无视法律的事情，就发生在我们眼皮底下。那些用工者眼里哪里还有劳动法、劳动合同法?更不用说劳动者的权益、劳动者的尊严了!按照《中华人民共和国劳动合同法》第七章“法律责任"的第八十八条的规定·这些都是严重触犯法律的行为，应当予以严惩：“用人单位有下列情形之一的，依法给予行政处罚；构成犯罪的，依法追究刑事责任；给劳动者造成损害的，应当承担赔偿责任：(一)以暴力、威胁或者非法限制人身自由的手段强迫劳动的；(二)违章指挥或者强令冒险作业危及劳动者人身安全的；(三)侮辱、体罚、殴打、非法搜査或者拘禁劳动者的；(四)劳动条件恶劣、环境污染严重，给劳动者身心健康造成严重损害的"。有人说，你上面拣的都是一些严重违反劳动合同法的事情说，这只是少部分不文明地区不文明工头的不文明极端行为，大部分用工单位还是遵纪守法讲信用讲公正公平的，，一般不太会发生不尊重劳动者尊严和权益的事情。真是这样吗? 我们再来看看此起彼伏的各种纠纷分案子。上海应该是文明程度相对高的地方了吧?游戏公司也是足够有文化的单位了吧?但是，还是一样发生与《劳动合同法》相背离的事情。 2006年8月30日，某电脑报及部分网站上刊登了游戏米果网络科技(上海)有限公司对6位前雇员的“通缉令”。大致意思是该6名员工与公司存在竞业禁止协议，希望同行业企业不要扉倜此6人，以免学起纠纷(连带责任)·公布了这6名离职员工的姓名、照片、身份证号码。该公司针对2006年离职的游戏开发团队的主要员工，频繁地向他们索要劳动赔偿，在不同的区级、中级法院提起诉讼43起，其中个案的索赔金额达600万元(具13起为员工起诉公司，30起为公司起诉员工；员工起诉公司的13起中，已有7起结案，全部为员工胜诉：公司起诉员工的30起案件中，已撤诉一起，判决一起：判决的为员工胜诉)。事实1.跳槽、离职在任何行非都是很普通的行为，业内主创人员离职甚至带着团队集体离职的事情也屡见不鲜，尽管干系重大，但像游戏米果公司这样对离职人员发出“业界封杀令”并动用法律手段退究责任的却是不多。“竞业限制”是否也需有合理边界? 按照《劳动合同法》规定：用人单位和劳动者签订保密协议：约定竞业限制条款的：应该约定在员工解除或者终止劳动合同后，在竞业限制期限内按月给予劳动者经济补偿。竞业限制协议应该是在双方自愿的情况下签署的：同时需要双方的共同遵守。若用人单位没有给劳动者竞业限制补偿金的，就不能要求劳动者履行党业限制义务。另外，员工在离职时未做工作交接的，公司可以要求其承担赔偿责任：们是前提是公司必须有证据证明白己的经济损失·而根据事实，这些跳槽、离职员工已经按照法律“竞业限制”规定做了该做的事情， i黑色通缉令"的做法显然侵害了他们的合法权益。劳动者尊产，不仅仅只有那些惊大大事里会涉及到、即使在我们日常劳动单位的每一件小事里也处处会关联到。比如“就业歧视"的现象我们就不陌生，我们周围不是常常会发生这样的“就业歧视”事件吗?用人单位在招用员工时往往处于强势地位，是否录用员工，由企北说了算。就业歧视”的典型问题涉及性别歧视、年龄歧视·身高歧视、柜貌歧视等等，其中最为突出的就是对乙肝病毒携带者的招聘歧视。广东东莞的文明程度也不算低，诺基亚移动电话有限公司也不算没有文化的单位但同科会发生：“诺基亚乙肝歧视案”2007年1月18日、黎胜(化备}在网上向东莞诺基亚移动电话有限公司投递了应聘测试技术员岗位的简历。之后，黎胜顺利通过笔试和面试，但最后·诺基亚因黎胜身带·不具传染性的乙肝“拒绝了他。样，遇到这样的对待就自认倒霉、忍气香声，而是想到了用法律武器来捍卫自己的尊产和正当权益，他将东莞诺基业形动电话有限公司及其在中国的总部告上了法庭。也起诉说：根据我国法及相关法律规定，公民有平等就业的权利·任何单位和个人不能侵犯公民的平等就业权我国《劳动法》规定，劳动者享有平等就业的权利、劳动考就业不应受到歧视·原黎胜没有像日常生活中大部分人那山西32个农民工被囚黑砖厂、：天被迫工作20小时： newsphatn ：告作为乙肝携带者，(病毒性肝炎防治方案》规定，乙肝病毒携带者除了不能献恤或从事直接接触人口食品和保育工作外：不能视为现症肝炎病人处理。原告是乙肝病毒携带者、身体符合从事测试技术员的条件。但被告根据体检结果拒绝录用原告的作为：违反了传染病法不得歧视乙肝病毒携带者的有关规定：严重侵犯了原告的平等就业权利：使原告精神上受到极大打击·这件事情：说明了什么? 的确：《中华人民共和国就业促进法》.《就业服务与就业管理规定》以及《劳动合同法》等几部新法中，均严格禁正用人单位以传染病病原携带者为由拒绝录用员工，同时也规定了用人单位不得在招用人员简章或招聘广告中包含就业歧视性的内容。但现实生活中以种种理由进行“就业歧视”的，并不在少数。一般来说，新员工到了新单位当然首先要夹着尾巴做人，接受用人单位的考验.作为新学徒，尊重比自己年长的有经验的老员工，谦虚学习，踏实工作、是最起码应该做到的.这是做人的规点。可是，现在却有一个有些争议的规矩：到了新单位千万不要谈待遇。否则一般的领导和老板都不会太高兴，认为你计较待遇，没有奉献精神：并恼了说不定一夜之间把你开了·其实根据劳动合同法，劳动双方当事人把双方的权利和义务谈清楚并签订台同是天经地义的事情·但是·不知什么时候起，这种不讲法律的规矩倒成了一种约定俗成。这其实是用工单位强势而劳动者弱势背后的不平等的反映。一些单位也趁机不发新员工报酬或者少发报酬，反正没有个准数：“领导老板说了算” 其实、我们只要了解《劳动合同法》的第二章“劳动合同的订立”第二十条“劳动者在试用期的工资不得低于本单位相同岗位最低档工资或者劳动合同约定工资的百分之八十，并不得低于用人单位所在地的最低工资标准"，以及第十九条“劳动合同期限三个月以上不满一年的：试用期不得超过一个月；劳动合同期限一年以上不满三年的、试用期不得超过二个月；三年以上固定期限和无固定期限的劳动合同：试用期不得超过六个月。同--用人单位与同一劳动者只能约定一次试用期。以完成一定工作任务为期限的劳动合同或者劳动合同期限不满三个月的，不得约定试用期·试用期包含在劳动合同期限内，劳动合同仅约定试用期的、试用期不成立：该期限为劳动合同期限”就知道到新单位的新劳动背应该有什么样的权益了。很多单位因为换了新领导等原因：往往对老员工不重用，或者对他们进行“裁员”令他们辞职回家。这些新领导不用老员工的理由是，“你的劳动合同是跟原来的领导签订的，现在单位法人更换了，因此原来的协议就不算数了。”因为企业重组、投资人更换，这样的事情经常发生。那些员工的事业和利益受到极大损害时，上级主管单位也往往以支持新领导“改革”为由，喜欢说些“手心手背都是関：改革总是要触及一些人的利益的，希望你们能正确理解……”之类的话·他们不知道自己的做法已经严重地伤害了那些老员工、在杭州等地都已经发生过这样的事情。我们通过一家电视台的采访看到了新领导不承认老的女员工与其前任法人签订的劳动合同的情况。某家媒体也在新领导上任后拿老员工开刀，令他们下岗。有一个年纪大的老摄影记者工作一直很敬业努力·妻子下岗·上有80多岁的老母亲，7下有孩子，全家的开支全靠他的工资，但是，该报社以竞聘上岗重新双向选择为名令其下岗·无奈、他只得到处求人帮忙托人求情…… 其实·根据《劳动合同法》第三章"劳动合同的履行和变更”第三十三条“用人单位变更名称·法定代表人、主要负责人或者投资人等事项：不影响劳动合同的履行”，以及第三十四条“用人单位发生合并或者分立等情况，原劳动合同继续有效，劳动合同由承继其权利和义务的用人单位继续履行”，“裁减人员时.应当优先留用下列人员：(一)与本单位订立较长期限的固定期限劳动合同的；(二)与本单位订立无固定期限劳动合同的；(三)家庭无其他就业人员：有需要扶养的老人或者未成年人的”，上述那些做法实际上是侵害当事人权益的违法行为。至于加班不发加班费的现象就多得去了，许多用工单位都这样做，早已习以为常、司空见惯了.国家法定每周工作40小时，而许多民营企业星期六也照常加班，但却不发加班工资·一些单位的员工法定节假日需要加班，晚上也要加班，照样没有加班费这一回事。用工单位让工用自己的休息时间为单位创造更多的利益：但不发加班费做得却很坦然。其实，即使我们没有看到《劳动合同法》第三章“劳动合同的履行和变更"第三十一条“用人单位应当严格执行劳动定额标准，不得强迫或者变相强迫劳动者加班，用人单位安排加班的：应当按照国家有关规定向劳动者支付加班费”加班发加班费也是生活中天经地义的常识。随着普通人法律意识的增强、人们也渐渐敢向自己的领导、老板讨说法了。广西桂林的“4年加班费索赔案”就很能说明问题、原告邓小雄于2001年11月5日进入桂林某市场有限公司工作，担任协管理员，工作期间原告基本上没有享受过休息回和法定节假日(其中只有两年实行过每周休息一天的制度)。后来：公司以原告多次在夜班睡觉为由将原告邓小雄予以辞退。邓小雄被辞退后，向桂林市劳动争议仲裁委员会提起仲裁，要求公司支付邓小雄工作期间(4年多)所有体息日和法定休假日的加班费，几经周折、最后终于得到了较好的结果。劳动合同期限、工作内容和工作地点、工作时间和休息休假、劳动报酬、社会保险、劳动保护、劳动条件和职业危害防护，法律、法规规定应当纳入劳动合同的其他事项都在劳动合同的签署范围内。但是，很多用工单位都不考虑劳动者的社会保险、劳动保护。不少新闻报道说：一些用人单位长期以来不给劳动者解决社会保险问题。有一位温州老板曾这样说：“天上雷公：地上员工”意思说要像敬畏天上的雷公那样敬畏自己的员工，是他们为企业创造了效益和利润、他们得到自己的工资报酬就是关经地义的。这位从事汽车配件的周老板在接受电视台采访时说：“员工的工资是他们养家糊口的血汗钱、保命钱，我们作为老板的一天也不能拖欠他们的，更不能无故克扣他们的!” 但是，与这位周老板的做法相反，中国有不少包工头、承包商拖延员工的工资，有的只打一张白条·拖延几年迟迟不给，以至员工为了那点可怜的血汗钱：求萎爹告奶奶、辛苦奔波·声泪俱下，还是无果·而这些克扣拖延员工的老换们却每H花大酒地·行贿送礼，根本不把员上死活当迈事情。只要搜索“拖欠工资”或举“劳资纠纷"这些关键词，令人吃惊的是会跳出这么多的新闻事件，广东、湖北、北京、四川….几乎所有地方都有这样的事情，有的酿成了殴打械斗的激烈事件：有的造成了命案。的《劳动合同法》，还何侈少事可以无视劳动的尊严? 践踏尊严的深层原因与新法的捍卫尊严力度其实：仔细着来，新施行的《劳动合同法》内容并不复杂：非常简单.所涉及的内容：也是日常劳动中最容易牵扯到--此细节但是：本来是这么简单的--些事情·我们乎时为什么却做不到呢? 我们之所以愿意深恩这些问题，是因为：它们不仅仅关联到简单的劳动问 1月15日，浙江余姚市人民法院为来自安徽、重庆、江苏、湖南等全国11个省市的302名农民工集中发放了被拖定的228万余元工资款。 photOnese 甚至，一位重庆农家妇女熊德明因为有幸与温家宝总理的偶然见面、由温总理答应帮她讨工资：拖欠几年的工资才能得以讨还(而且是在当天夜证1：时多，熊德明和丈夫就拿到了破拖欠的224C元务工工资).在这个新闻之后，接连暴出了中国有成千上万件拖欠工资的事情!而中国又有儿个人有那位重庆农家妇女那样的福气呢? 题：而且涉及到了深层的经济·文化、社会问题。在中国，关于劳动：关于劳动者，有多少“目中无法”的事情?而面对新实施从经济上来说：劳动双方是雇佣关系：创造多少效益：拿多少钱，始终是劳动双方关系的主线、雇主少付劳动成本多得效益是本能，雇主怎么对待员工，完全取决于其心地是否善良：“心太软”还是“心太硬”。心狠者，就像马克思所描述的一些资本家那样，残酷地榨取劳动者的剩余价值：充满了血淋淋的金钱关系.比如上面所说的一些极端违法行为。而心软者：则凭自己的良心尽量多为劳动者考虑，多给劳动者些劳动所得。比如2007年11月因为车祸去世的浙江平湖老板翁金华由于平时善待员工而使人们自发的来悼念他。比如温州老板叶胜康对一个自己违规操作受重伤的民工：本来按照规定企业只需支付几万元医疗费的，但为了抢救这位员：的生命却超额支付了70多万元，还在他重伤治疗期间照常给他发工资：保留他的职位：为此叶老板还获得企业社会责任特别奖。正是因为原来没有细致的法律规范来约束：很多人也不依法办事，因此：这种经济关系就变得随心所欲。不法用工者趁机钻空子，隨意克扣劳动者收入，劳动者也无从维护自身的权益和尊严。专家认为，在国家科技教育投入和企业自身研发投入长期处于低水平的情况下：经济还能高速增长的一个重要因素，就在于过分忽视劳动者权益，人为压低劳动力价格。我们一直很关注招商引资，关注企业产权的保护，关心GDP的增长，但对于劳动者的生存权和发展权的保护却关注不够。于足、伴随市场化程度的提高和财富的增长· 一一方面中国的富豪阶层以神奇的速度茁壮成长，另一方面劳动者却处境艰难：做工时间超长，芳动强度太大，报酬很低还屡遭拖欠：工作环境恶劣：没有权益保障。签订劳动合同是劳动者权益保障的源头。进入市场经济以两，资本、管理、劳动各自形成了自己的群体和社会利益，劳动和资本成为当前中国最主要的两大社会经济力量·长期以来.劳动合同这道“护身符”的缺失导致了企业随意加班、拖欠克扣工资等侵权行为大行其道。从近两年的调查数据看，私营企业职工劳动合同签订率只有百分之二二十：大量不签合同的“地下工人”远离了社会的保护，合理的市场经济要有法律保障，要立规矩保障劳动者的合法权利，《劳动台同法》的制定实施：顺度了中国劳动关系急需严格的法律规范的迫切要求。另外从文化上来说骨子里还要挖掘到我们国家儿千年的“只为上，不为下的皇朝思想。当宫的除了敬畏皇帝及地位高于自己的人以外，对另外的人都不放在眼里。对上点头哈腰：对下趾高气全徽淮北矿区银路戒开新麻《劳动合同法宝讲photobors 扬。这种等级观念·造成了人们惟官为大，百姓都是贱民的心态。所谓“劳心者治人：作为劳力青治于人”：在一些人眼里，作为劳力者的劳动人民是要等着·-些劳心者的统治工头治理收拾的：好像真是“劳动者最低胺似的。那时根本谈不上“以人为本”而是“以人为本”好果说“以人为本”的话，那么是“以皇帝这个人为本\*，而“以黎民百姓为草木”所有劳动者的命运，以及掌握们命运的劳动时间、报酬、安全等等都握在用工者手里·哪个劳动者还取"犯上作乱”也只有老老实实，忍气吞声。许多人以此根本不尊重劳动者，践踏劳动者的权益和尊严，而本属政府秉持的科学发展观·核心是以人为本：采取亲民、爱民的民本嗯想行政，才有了这部《劳动合问法以维护劳动者的合法权益，构建和发展利谐稳定的劳动关系·应该说·是在体现一种公平公正的民主平等的文化。从社会的角度说·由于人的素质各不一致，好坏参羌不齐·社会管理又不到位，客观上造成了很多用工者可以胡乱对待劳动者的社会环境。如果出现纠纷：低层劳动者要见上级领导批示解决又不容易·因为上级领导往往很忙，被日常开会和接见责宾等等事务缠身，哪有时间来·接待上访者?而如果诉之于法律部门，以前又因为法律不健全：或者因为执法者受贿面执法不公，有法不依，一些工资拖欠案等居然可以拖上三五年面没有结果：有的工伤纠纷案的判定结果：也是明显偏祖用工单位的。因此，社会风气不正、法律不健全、管理部门不作为：都使一些不法用工者有恃无恐，根本不把明绣劳动者当一回事。正如湖南米阳锡里砖厂经常电击工人、打人致死的残忍工头罗政的心态---“你告到公安局也不会有人管”：也可说是描述了些地方的失管状态。与同类法规相比，历经两年修改、先后四次审议最终出台的《劳动合同法》结束了那种劳动出事无人管的社会局面，尽可能保护劳动者的利益，比如专门单叫了“监督检资\*一个章节。第七十三条国务院劳动行政部门负责全国背动合同制度实施的监督管理。县级以上地方人民政府劳动行政部门负资本行政区域内劳动合同制度实施的监督管理。层级以上各级人民政府劳动行政部门在劳动合同制度实施的监督管理工作中，应当听取工会、企业方面代表以及有关行业主管部门的意见”。第七十四条“县级以上地方人民政府劳动行政部门依法对下列实施劳动合同制度的情况进行监督检查：(一)用人单位制定直接涉及劳动者切身利益的规章制度及其执行的情况。(二)用人单位与劳动者订立和解除劳动合同的情况；(三)劳务派遣单位和用工单位遵守劳务派遣有关规定的情况：(四)用人单位遵守国家关于劳动者工作时间和休息休假规定的情况；(五)用人单位支付劳动合同约定的劳动报酬和执行最低工资标准的情况；(六)用人单位参加各项社会保险和缴纳社会保险费的情况：(七)法律、法规规定的其他劳动监察事项”。对于规定不签合同视为无固定期限合同：随意约定高额违约金无效，休息休假首死合同必备条款，工资约定应有“水张船高”机制，患病非因工负伤要有相应待遇，单位违法解约要给双倍赔偿等等，都体现了《劳动合同法》保护弱者的立法目标。还有，从劳动者以及执法者、领导的索质来看。应该说，中国很多劳动青都不是很懂法律、也普遍缺乏法律意识。遇到组纷，不能够按照法律去解决问题，而是自认倒德，或者盼望抛到个好人包青天来为民请命。一些执法者因为自身紧质问题，不作为，或者收受贿赂，不能公正执法：许多企业老板、单位领导根本不去学习了解法律，而是用高傲的霸十心态对待员工，比如随意不签劳动合同，或者拖延发放工资时间，遇到员工提出工资待遇或者工作环境、工种要求时、经常狂安地放出这样的话：“睁开你们的眼睛看看吧、现在人才市场是供大十求的头方市场：想要这份工作的人有的是：给一份工作就很给你面子了：还不老老实实给我干活?今天工作不努力，明天重新找工作!…… 所幸的是：《劳动合同法》对于上述各方面：都作了清晰的规定·劳动者可以以此为武器，维护自己的尊严和权益·而老板们也不能再随意对待员工了。执法路的艰难而遥远毫无疑问.《劳动合同法》的颁行承载着推动中国劳动力市场良性运转·保障劳动者合法权益.调解劳资关系，建立劳资两利的社会主义劳动和谐保障的重大使命：但是、也有不少人担忧、因为劳动法执行的具体面复杂，要每个人每个单位都能按照法律行事，可能还有距离：首光是人们对中国的法律环境的担优问题。观察记者亲早听到人说：“中国的法律都是发布在会上，公布在报上贴在墙上、挂在嘴上、锁在抽屉里的东西、”意思是有法不依，有法不执行。这种担忧不无原因。中国改革以来的经验表明，推进劳动保障法制建设的关键在于的法而不是立法。专家就分析，照理谅，从1995年劳动法颁行以后·我们就有了劳动领域的根本大法，芬资关系的调节和协调就有了依据-但事实上，从那之后劳动者的处境不仅没有好转，侵犯劳动者权盖的现象反而越来越多，比现了“多龙戏法”的尴尬局面，这就说明，法制建设的重点并不在于立了多少法，说了多少漂亮话，而是要看法律法规的执行情况，看社会是否做到了“有法必依”“执法必汁” 人们普遍担心，《劳动合同法》施行是否会陷入与《劳动法》同样的境况。是担心地方政府追求(UP增长的政绩观：高于对劳工的校益保护，这是造成劳动权益得不到有效伸张的主要因素；二是拥心社会风气的腐败，也是劳动权益得不到保障的重要因素。比如·行贿受贿使得空嘴和尚念经变了味。比如社会普遍的不讲诚信的拖欠款现象，使得很多企业收不回应收款，从而也影响了企业的正常发工资和奖金：蓝是担心劳动保障部门与工商部门税务部门等政府部门相比，权限太小执法力度溥弱；四是担心作为劳动者代言人的基层工会·缺乏自己的独立性、政治影响太小、心有余而力不足：五是担心行使《劳动合国法》的社会环境。假如出现了劳动红纷，哪个员工又敢去告领导，即使告赢了、你的饭碗还是丢了。要使《劳动合同法》能起切实作用的关键，还是要彻底进行发展观的转变，大力落实科学发展观·把扩大就业、纪进就业和提高劳动者福利作为地方政绩考核的主要指标：还要积极推进政治体制改革，使工会更能够以保护劳工权益为已任。男外，是人们对于这部法律的认识问题：有不少企业认为，《劳动合同法》是站在员工的角度说话的。比如解约问题。广州一些省人大代表认为，劳动合同法规定企业不能“炒”员工而员工可以“炒”企业、这容易导致“恶意讨薪”等事件更频繁发生：还有“一个企业对员上调动、部轮换是很平常的事，但是在新劳动合同法实施后，就会遇到很多困难·你要改变他的岗位，有的就要求先给赔偿·新劳动法出发点是保护弱势群体，但在实际运作中，企业成了弱势群体。这种情况若发展下去：我想会出现恶性循环，很多岗位：我可用可不用的，我就不用，有些企业在成本上会考虑，最后的结果是就业的岗位越来越少：对很多劳动者来说，这并不是·一件好事情。” 因为与《劳动合同法》中“劳动者在该用人单位连续工作满十年”“用人单位与劳动者协商一致，口可以订立无固定期限劳动合同”以及劳动合同到期不续签、终止事实劳动关系、协商解除劳动合同甚至违法解除劳动合同等有关，2007 年下半年开始，包括中央电视台(CCTV)、中石化、泸州老窖等知名企业在内的众多企业开始了大规模规避法律的“裁员”.6月底.LG电子(中国)公司在总部和全国各地分公司大量裁减5全9年的老员工，其中成都分公司的裁员规模达到20%.9月底：展讯通信对北京分部进行了缩减，缩编人数在3G人左右，随后上海总部也进行?裁员：10月22日.沃尔妈全球采购中心全球裁员200余名、其中在中国深圳、上海、莆田、东莞的4个分部，总计将裁掉约100人。这些沸沸扬扬的“裁员”事件引起了新闻媒体、政府部门，学者等的普遍关注，甚至引发对于《劳动合间法》是否矫杜过正的讨论。为规范劳动者和企业双方的行为，广东人大代表建议广东应加快制定《广东省执行新劳动产同法实施细则》。由于从中央到地方，均未有出台执行(劳动台同法》的操作细则：加上司法界对该法的解读也不尽相同，致使企业在对新法的执行和理解中出现偏颇：表现出或激进或观望或抵触的极端行为，导致一些劳动者间接成为了受害者。但无论如何·劳动合网关联用工者和劳动者双方，《劳动台同法》的主要目标、是“明确劳动合同双方当事人的权利和义务而劳动合同的签订，也是“应当遵循合法、公平、平等自愿、协商一致、诚实信用的原则”的。“依法订立的劳动合同具有约束力、用人单位与劳动者应当履行劳动合同约定的义务”尽管有些方面更多是从劳动者合法权益的角度考虑：但对于长期以来我国许多用工者单方主导与劳动背之间的霸王合同的做法商该说是会起到必要的积极作用的。有了《劳动合同法》，只要合同双方“合法、公平平等白愿、协商一致、诚实信用”，纯相尊重，依法行事，我们相信：中国大地上一定会渐渐建立起一种文明和谐的劳动关系，那些违法事件、劣资纠纷一定会逐渐减少。劳动者和用工者双方的尊严也一定会逐渐得到。而只有这样，劳动才会变得光荣·变得美好.也只有在这样的情况下，大多数创造着世界财富的劳动单位用工者和劳动者不会发自肺腑地这样说一~“工作着，是美丽的!”

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从物的消费到符号消费 \-鲍德里亚早期消费社会思想研究徐永春 (山西大学，山西太原030006) 摘要：鲍德里亚认为，在消费社会，消费取代生产的逻辑成为社会再生产过程的中心，人们消费的对象，在形式上是物，而本质上则是物所代表的意义，消费的真相不在于享受物，而是要实现生产、建构和控制的功能。鲍德里亚的符号消费理论为研究日常生活的消费提供了新的视角，具有重要的理论和现实意义。关键词：鲍德里亚；物；符号消费中图分类号：F014.5 文献标识码：A 文章编号：1671-1491(2008)06-0080-02 鲍德里亚是法国当代著名的哲学家、社会学家，在欧美社会具有广泛的影响。象马克思和西方马克思主义者一样，他从研究商品和物开始，逐渐进入对现代消费社会的研究。从人们对物的消费行为中，鲍德里亚不仅看到了物或商品对人的本性的支配和异化，更看到了在物的消费中，实际蕴藏的是更深层的“符号”消费。于是，他从物的消费进人到了符号消费的领域，从而建立起了以符号消费为主导的符号政治经济学体系。 1 消费社会取代生产社会生产社会是以生产和制造为中心的社会。鲍德里亚认为前工业社会属于生产社会。在这种社会，生产力水平较低，物质相对匮乏，一切都围绕生产进行。按照马克思主义政治经济学来理解：生产是决定性的因素，一定的生产决定一定的消费、分配和交换，生产虽然以消费为日的，但消费只不过是再生产的一个环节，人们消费什么，消费多少以及怎样消费都要受到社会所能提供的商品的限制，受到生产的限制，生产在社会再生产过程中起着主导作用。人们的消费完全是出于维持生命和繁衍后代的真实需要，消费的是商品的使用价值。20世纪初诞生于美国的福特主义生产方式，通过采用规模化、标准化的新型生产制度，大大提高了劳动生产率，使生产进人批量生产阶段，不仅降低了生产成本，还促进了工人收人的增长和劳动条件的改善，从而极大提升了社会的消费潜力，造就了大众“消费社会”。进入60年代，后福特主义用机会经济取代了规模经济，采用柔性管理的方法，使消费范围进一步扩大，消费步伐进一步加快，为当代消费社会的形成与运作提供了强大的动力。鲍德里亚在《消费社会》一开始就指出：“今天，在我们周围，存在着一种由不断增长的物、服务和物质财富所构成的惊人的消费和丰盛现象。它构成了人类自然环境中的一种根本变化。恰当地说，富裕的人们不再像过去那样受到人的包围，而是受到物的包围……日常生活中的物品不断地繁衍，各种需要也一直增加。制造界不断地加速它们的生死周期，人的语汇便显得不足以应付”。在消费社会，消费取代生产的逻辑成为了社会再生产过程的中心，人们不再是生产什么就消费什么，而是要消费什么就生产什么，消费作为生产的起点和终点，成为刺激再生产欲望、拉动内需、促进社会发展的动力，成为支撑整个社会经济运行的灵魂。3：11 2 符号的出场每种物都有特定的结构和功能，随着社会的变迁，这种稳定的结构逐渐被打破，从而使物的功能获得了一定程度的解放，人们可以根据自己的需要对物重新组合从而得到不同的功能，于是物变成了一个纯粹的事物，它不再指向任何确定意义，但它又可以指向任何意义。要想让自己的商品尽快卖出去，关键是能否给其产品创造出迎合消费者需求的意义。而消费者消费的目的并不仅仅是具体的物本身，更重要的是物所指涉的关系和隐含在消费行为背后的意义。正如收稿日期：2008-09-15 作者简介：徐永春(1977-)，女，山西忻府区人，忻州师范学院政史系教师，山西大学哲学社会学学院马克思主义哲学专业2006级硕士研究生，从事马克思主义哲学史和西方马克思主义的研究。鲍德里亚在《物体系》中所说的“今天，很少有物会在没有反映其背景的情况下单独被提供出来。消费者与物的关系因而发生了变化：他不会再从特别用途上去看这个物，而是从它的全部意义上去看全滚的物。”\[2：3\]可见，人们消费的对象在形式上，表面上是物，而本质上则是物所代表的意义。物要想被消费，必须变成符号，当物变成了符号，人们才会去消费，符号就可以根据需要和某种意义联系起来，人们在社会系统的压力下不得不通过消费这个物品来实现这种意义。从流水线上下来的产品是一种客体物质，本身不表示任何意义，通过一定的方式赋予某种社会意义后才成为符号。按照索绪尔的符号学理论，符号有能指和所指两个部分组成，能指是符号的形式，所指是符号的意义，能指和所指之间没有内在或天然的联系。在符号系统中，符号的“价值”是通过它们与其他符号之间对立关系——差异性而获得的，符号必然有着自己的区别性特征，它们在差异对立中体现自己的价值。“今天最重要的，既不是机器，也不是财富，更不是作品：而是一种个性。”1：S8“对差异的崇拜正是建立在差别丧失之基础上的”。11.59什么商品赋予怎样的意义，这很大程度上是任意的，重要的是被社会认可。商品符号化就是将本身没有什么意义的产品进行符号式加工和编码，并通过大众传播手段，使消费大众形成关于商品符号的共识，从而建构商品符号体系。商品符号化作为一种新的生产方式，就是对产品的“二次生产”。 3 符号消费的功能及实现在人们消费的过程中，对不同物品的消费、对不同物品消费所拥有的特权暗示着种种不同的符号，这些符号使每个人的身份得以重新建构，这种建构后的身份使新的社会等级取代了旧的阶级区分。一块手表、一辆汽车、套西服、一包香烟，都可以成为标志消费者社会地位、文化品味、生活水准的符号，都可以充当建构地位和身份的手段。而对一个人的评价也总可以从很多符号的推断中得出结论，比如他的服装的质地风格、他对手表和香水的选择等等。于是，“当我们消费物品时，我们就是在消费符号，同时在这个过程中界定我们自己。”【4：110；因此，从物的消费到符号消费，消费符号已经成为身份建构的象征，它维护着消费社会的秩序，成为构成所有社会成员之间相互关系的基础和纽带。同时，消费又是社会驯化和社会控制的手段。鲍德里亚认为，“消费社会也是进行消费培训、进行面向消费的社会驯化的社会—―也就是与新型生产力的出现以及一种生产力高度发达的经济体系的垄断性调整相适应的一种新的特定社会化模式。\*\[1：52\]可见，通过消费培训、借助消费符号，当代社会对消费者灌输了消费逻辑、编码规则，强化着社会价值，实现了对消费者特定模式的社会化。消费的真相不在于享受物，而是要实现生产、建构和控制的功能。正如鲍德里亚在《消费社会》中所描述的“流通、购买、享受、对做了区分的财富及物品/符号的占有，这些构成了我们今天的言语、我们的编码，整个社会都依靠它来沟通交谈。”11：50-51J 实现上述功能的主要手段便是大众传媒，在消费社会，电视、广播、报刊杂志、电脑网络等传播媒介成为符号消费的技术支撑。它们把人们带人一个符号的王国，人们每天都面对符号的包围。鲍德里亚揭示了大众传媒的真相，他认为“电视带来的‘信息’，并非它传送的画面，而是它造成的新的关系和感知模式、家庭和集团传统结构的改变。”\[1：93)所以，大众传媒凭借一定的技术手段将大众文化意识形态的编码规则传递给了消费者，这种话语霸权使消费者不自觉的跟读，进而对物品的符号价值达成一种共识，消费者的自由和主权在这个过程中消隐了。鲍德里亚着重指出了“广告也许是我们时代最出色的大众媒介”。1：95它用动人的语言、优美的画面展示产品代言人物的形象、理想的消费环境、愉悦的消费体验，使商品成为爱情、友谊、活力、快乐、身份、地位、个性的能指，在消解了市场逻辑的同时，使消费者通过对广告中符号系统及其所包含的编码的解读，自动依附于广告的编码规则，从而使人们不仅成为消费的奴隶，更是媒介的奴隶。这样，大众传媒把每一个信息都变成了新闻符号、变成了可供消费的物品传给了受众，它自身成了符号的生产者。 4 符号消费的意义及缺陷鲍德里亚的符号消费理论注意到西方社会的重大变化，从马克思主义立场出发，运用符号学这一独特思维对当代资本主义消费现象进行了深刻的剖析。他认为消费正在有力地建构着人们的日常生活和新的社会秩序，消费是一种身份和地位建构的手段，是社会地位的标志，更是资本主义的一种社会控制方式。他的消费理论向我们揭示了一个不断增殖的符号所主宰的世界，为当代资本主义社会的观察与研究开启了新的视角，因而具有重要的意义。一方面，鲍德里亚将视角从物的批判转向符号的批判，对马克思异化劳动理论进行了深化和展开，他揭示了劳动异化伸展到人的生活的所有方面后，进一步指明异化以越来越隐蔽的方式实现着对人的压抑和统治，进一步发展了马克思主义异化理论。在符号主宰一切的消费社会中，消费者是育目的、被操纵的，消费者的个性和自由全部被淹没在符号中。这种被操纵的消费，是与人的真实需要不相符的消费，一种不断地被控制、被奴役的异化消费。广告等大众媒介不断进行编码推动着时尚，并刺激着人们的欲望，进而助长着一种纵欲、享乐和奢华的社会风气，人在对物的享受中丧失自我，人的一切行为乃至人本身都发生了异化和蜕变。这样，消费成为资本主义的一种新的控制形式，资本主义社会的异化从物的领域进人到了符号领域，商品拜物教批判过渡到了符号拜物教批判，极大的丰富了马克思主义理论。另一方面，鲍德里亚发展了马克思的商品“二重价值”理论，在商品的使用价值和交换价值之外引人了符号价值。传统的劳动价值理论认为商品有二重性，即使用价值和交换价值，使用价值是商品的有用性，功能性或效用。然而在消费社会，我们在消费物品的物理的、化学的、生物的自然属性的同时，也在消费人们在长期社会实践中创造的赋予物品的社会属性，于是鲍德里亚对马克思的“二重价值”理论给予了补充，在商品的使用价值和交换价值 (下转第115页) 学出版社，2004. 洛秦.音乐中的文化与文化中的声音(二)\[J\].音乐艺术，1999，(3). 8 汪毓和.关于进一步推进中国近现代音乐史教学改革的几点建议\[J\].人民音乐，2005，(2). \[9\] 代百生.德国的音乐教育专业培养模式及其对我国高等音乐教育改革的启示\[J\].中国音乐，2007，(1). 10 蔡良玉.对西方音乐史教学中的中西比较视野的思考\[J\].人民音乐，2006，(1). 11 段文.高师中国音乐史教学研究初探.艺术研究，2005，(1). \[12 胡丽玲.中西音乐史研究与教学异同刍议.中国音乐学，2007，(1). Trial on the curriculum reform of Chinese music history in normal universities DUAN Yong-hui， CHAI Guang -yu (Changzhi College，Changzhi 046011，China) Abstract： Chinese music history is a compulsory course for four - yearstudents who majored in Music in every normal university. This course is valuable to the students on raising the appreciation ability of music， perfecting its knowledge structure and adapting the need for the preliminary music education. This paper did a primary exploration of curriculum reform to Chinese music history mainly from three aspects， i.e. structure， way of study， and mode of evaluation， and aimed to help the students to understand the development of Chinese music history， have correct view on music history and last but not least， to help them find the true pleasure in learning this colrse. Key words：normal university； Chinese music history and appreciation of great works；teaching reform 米米谦光米米泽染米率米崋来米迷坐率坐出米米米橄米米光禅涤业案津业坐坐坐坐坐业光消海新淤治市之外，引入了商品的符号价值，从而拓展了对商品价值的认识，为考察和衡量现代商品价值提供了新的视野和新的维度，极大丰富了马克思主义政治经济学。借助商品的符号价值，人们可以更加明白为什么商品变成了欲望和着迷的对象，炫耀性消费为什么会发生，为什么有些商品会得到人们的偏爱，而这些问题是商品的使用价值和交换价值所无法解释的。同时，符号价值的提出还让我们意识到：在当今经济全球化的发展趋势下，商品生产不是一个纯技术、纯物质性或功能性的标准，而是一个经济与文化符号结合的生态性建构。【5：361按照鲍德里亚的观点，商品和服务已经符号化，我们生产的已经不是纯粹的物品和服务，而是附着在物品或服务上的符号。哪个企业在现代生产中能够创造和生产出更受欢迎、更被消费者认同和接受的，包含更多文化和符号价值的物品或服务，哪个企业就会取得成功。这一点在现代经济文化领域也是极具现实意义的。鲍德里亚的视角从物的消费转向符号消费虽然有极其重要的意义，但也有无法回避的缺陷。主要体现在鲍德里亚将消费社会的一切都视为符号，强调符号的能指性，忽略符号的所指性和物的使用价值，认为整个消费都是在符号游戏的王国中进行的。因而在鲍德里亚的消费理论中，物质生产失去了价值，任何对物的本真的追求都不再有意义，消费失去了本体，从而走向了无奈和虚无.4。对此，鲍德里亚在《布拉格的大学生》中这样说“一切超越异化的理想的解决方法都被无情击碎。异化是无法超越的：它就是与魔鬼交易的结构本身。它是商品社会的结构本身”1：150\]他失望地认为，最后的解决方法不是解放而只能是毁灭和终结，这也使得鲍德里亚的消费理论最终走向了虚无主义。 (责编：杨春雁) 参考文献：「11 \[法\]让·鲍德里亚.消费社会\[M\].刘成富，全志刚译.南京大学出版社，2006. \[2\] \[法\]尚·布希亚.物体系\[M\].上海：上海人民出版社，2001. \[3 黄波.鲍德里亚符号消费理论述评\[J\].青海师范大学学报，2007，(3). \[4 \[美\]乔治·瑞泽尔.后现代社会理论\[M\].谢立中等译.北京：华夏出版社，2003. \[5\] 桂世河，符号价值是商品的第三种价值吗\[J\].西安电子科技大学学报，2005，(3).

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**浅谈资金集中管理创新与实践** 以江苏省电力公司95598集团账户应用为例 **●江苏省电力公司财务部袁惠萍** 【摘要】资金集中管理已成为现代企业集团普遍来取的管理模式，世界500强企业80%以上采用资金集中管理，我国企业集团在经历了不断改革和创新过程中也尝试着不同的资金集中管理模式，江苏省电力公司经过积极探索，结合公司实际管理需求，研究设计应用了“95598 集团账户”的资金管理模式，有效地提升了资金运作能力，极大地降低了资金成本，提高了资金使用效率和效益。 **【关键字】资金集中管理集团账户模式** **一、企业集团资金管理的发展趋势** 从西方早期财务管理的萌芽开始，财务管理经历了资产负债管理、以利润为中心管理、公司价值管理的发展过程，从历史的发展过程来看，也经历了数次分权、集权模式的转换，随着企业并购扩张和跨国、跨行业的多元化发展以及适应市场环境、竞争环境的需求等，财务管理职能一直发生着变革，形成了集权——分权——更高层次财务集权管理模式、财务集中管理已成为企业集团财务管理的必然趋势，据统计H前世界500强企业80%以上建立了财务集小管理模式。随着财务集中管理的不断创新和企业管理环境的变革，尤其是网络倩息技术的迅速发展为集团公司资金集中管理所需的信息处理提供了技术支持；银行等金融系统的结算方式创新以及先进的信息化和网络化结算丁段，为集团公司资金集小管理提供了存货类质押融资模式，是指融资企业以其自有的存货作为担保，向银行等金融机构借款，此过程中，银行等金融机构可以委托第二方物流公司或者资产管理公司对存货进行监管和存储。融资企业将存货(包括商品、原材料等)存放在银行指定或认可的物流企业仓库作为质抑物，向银行中请贷款开立银行承兑汇票或保函等业务，其中融资企业以物流企业开出的仓单作为质押物向银行中请贷款的信贷业务，是物流企业参与下的权利质抑业务， **图2仓单质押融资风图3动产质押融资风** 险审计要点险审计要点存货类质打融资主要有仓单质抑和动产质抑两种模式，其主要风险控制点与审计要点(如图2，图3所示)：市计质押物的价值真实性，即是否货真价实；零售商的信用额度和破产概率；银行对存货质押率的确定的合规性；银行对质押商品的市场监管机制的完善性；仓单的实效性；供应链下游的市场风险，重点关注销售情况对还款能力的影响；物流企业对质抑物保管、处置的合法性等。 (本文受基金项目：国家社科基金项目<项目号：10BJY083》；湖北省软科学研究专项项目《项目号：2012GDA00905)；湖北省教育厅人文社科基金项目(项目号：2010g055)资助，) **参考文献** 1.严广乐.2011.供应链金融融资模式博弈分析J\].企业经济， **4：5-9** 2.郭伟昌、刘金凤：2008.企业风险审计模型研究与应用审计研究，6：2733 3.李春震、孙红星.2012.商贸企业内部绩效审计研究\[I重庆科技学院学报(社会科学版)，14：78-80 4.腾剑仑、罗金华、韩家彬.2012.供应链金融审计风险\[|三明学院学报，29(10)：1-5 5.侯彦波、张立焕.2013.企业内部审计风险与控制研究打经济研究导刊，7：116 117： 6.尹莉娅.2013.刍议供应链审计的框架问题工会论坛，19(4)：96-97。 7.徐贤浩、邓晨、彭红霞.2011.基于供应链金融的随机需求条件下的订货策略J中国管理科学，19(2)：63-70 技术平台；企业集团白身也经历着生产经营集约化、组织机构扁平化、经营范围全球化等一系列的变革，促使企业集团的资金管理也必须顺应这一系列的改革和变化。通过资金集中管理可以史好地发挥资金规模优势，提高资金运作空问，整合公司资金资源，保障资金风险管理，满足集团公司发展战略和经营管理对资金的需求 **二、江苏省电力公司实施资金集中管理创新的背景** (一)公司基本情况简介。江苏省电力公司是国家电网公司的全资子公司，主要运行、管理、建设区域电网，经营境内电力产品销售，公司下辖13个地市级供电公司、51个县(区)供电公司，20余个检修、施工、科研单位：截止2012年底，公司总资产近2000亿元，销售电量3800余亿干瓦时，实现销售收人2800余亿元，拥有电力客户3300万余户。江苏省电力公司为法人单位，财务独立核算，市、县供电公司作为分公司，实行“收支两条线”管理，公司的资产总量、营运资金、投资和筹资规模等都非常大，是典型的资金密集型特大企业，而资金作为企业的血脉，是公司财务管理的重中之重，强化资金管理直以来邻是公司追求的日标。 (二)公司资金管理的特点 ·是客户多，拥有3300万客户，遍及全省各区域、各行业及居民下家万户，电费能否及时|收关系到公司的简单再生产和扩大再生产，因此要求必须多渠道、多方式、多于段回收电费并保证其安全；二是投资规模大，资金缺口多，需要科学合理地安排筹资活动，以较低的财务费用筹集所需的资金；一是现金流量大，收支业务频繁，必须加强资金的科学调度，统筹安排，并要求必须设置经济合理的资金安全储备四是资金安全管理要求高，必须强化资金风险控制管理， (三)上级主管部门对资金管理的有关要求。是国资委对资金集中管理的要求：国资委为推动央企加强资金管理，提高资金使用效率，强化资金监管，提升财务风险控制能力，提出了“资金集中管理是现代企业集团普遍采用的管理力式.对于提高资源配置效率、防范经营风险具有重要意义”，要求各单位积极探索集团内部资金集中管理的有效方式，为大力推行资金集中管理提出要求。二是国家电网公司对资金集川管理的要求，作为全球最大的公用事业企业，国家电网公司2012年跻身于《财富》世界企业500强第7位，为适应现代集团公司的战略发展需要，提出了“集团化运作、集约化经营、精细化管理”经营理念，按照“集中、统一、精益、高效"的工作要求，提出了财务集约化管理的新思路，其中，资金管理要求推行资金全面集中、统一市批，统一管控，构建“资金池"等工作的资企管理H标， (四)公司对资金管理的新需求.公司经营管理的变革对资金管理提出新需求，是省公司对发电厂的上网电量进行统一调度，集中采集的购电量数据可以改变原来分散的购电费支付为省公司集中支付发电广购电费提供可能，而占生产成本75%以上的购电费也需要集中支付；二是公司在推行人财物集约化管理过程中，陆续实现了物资采购的集中招标、集中采购、集中配送和集中付款，其中对占资本性支出50%以上的：基建物资要求省公司集中统支付；三是为有效利用现有资金，降低资金成本，提高资金使用效益，公司推行集约化财务管理，要求将原来由各供电公司分散支付的大额资金改巾省公司集中支付，如购电费的集中支付、集中招标采购物资支付以及有关税费、财务费用等项目的集中支付：通过支付方式的改变，在省公司集中支付的资金约占全部资金支付的90%以上，也导致省公司层面的资金需求增加，需要资金高度集中和科学调度 (一)结算中心管理模式简介。江苏省电力公司在20世纪90年代以来致力于财务管理创新工作，特别是在资金集中管理方面根据电力企业资金管理的特点，选择采用结算中心模式在·定范围内实现资金集中管理，主要做法：第省公司成立结算中心，在商业银行开设结算账户用小对外结算，各基层单位在当地商业银行开设账户的同时在结算中心开设内部结算账户，用于公司内部的交易和资金归集。第二各市县供电分公司在商业银行开立电费账户，专用于电费回收，只收不文，每月定期自行将电费账户的收人资金转人省公司结算中心指定账户。第三，省公司通过结算中心归集基层单位闲置的生产经费资金和基建资金，即每个工作口各单位将当地商业银行经费账户中超过备付额度的资金上划至省公司结算中心的内部账户，并计算相应的利息。第四，结算小心对于上划下拨的逐笔业务需要二次开票，并进行账务处理 (二)原有资金集中管理模式的局限性。实行结算中心的资金管理模式对当时公司内部成员单位的资金结算和融通，盘活资金，降低资金成本，提高资金综合效益等方面发挥了较大作用。但是，随着公司不断发展以及内外部环境的变化，原有的资金管理模式存在不足，不能适应新形势发展的要求，需要进步改进和创新，其局限性表现在： 1.资金集中度较低.受局部利益的影响，存在着部分基层单位故意推迟或减少上划资金；各地商业银行网点人为压票；电费资金在地方代收银行不及时划转到归集账户等，影响全省的资金归集比率： 2.资金归集速度较慢，资金归集周期过长，电费资金的归集周期需要·周，影响资金周转效率，不利于发挥资金规模效益 3.资金管理效益不高。由于周期性的归集资金，使资金分散在各单位的账户上，导致公司出现广存、贷款双高现象，不利于公司的资金运作和统筹安排，同时增加了资金使用成本 4.资金管理工作效率较低。由于结算中心对内部的开户单位发生对外收付款时，需要二次换票，造成重复劳动；每日上下级各单位之间的资金上划下拨必须开票和进行账务处理工作量较大，劳动效率较低。 **四、江苏省电力公司资金集中管理创新与实践** 通过分析公司资金管理现状和内外部环境的变化，资命集小管理有很大的提升空间和技术支持，因此，江苏省电力公司联于商业银行利用具现有的资金集中平台和信息技术支撑，结合公司资金管理实际需求，进行二次开发，形成具有江苏省电力公司特色的“95598集团账户”，实现了集团账户统一标识和时时监控，资金时时归集和全部集中。 **(一)用于资金集中管理的“95598集团账户”模式及特点** 1.统一开设银行账户，统一编号统银行账户管理，全省各单位与省公司相应在银行开设账户，银行账号中的企业字段使用公司客服电话“95598°，省公司在各银行省级承办行开立一个“95598”集团账户一级账扩，省公司会计处在同·网点开设一个“95598°集团账户级账户，专项用于省公可对外支付和对某层单位的资金调度；各市、县供电公司在当地机应银行开立“95598°集团二级账户，包括收人账户和支出账户， **2.一级账户与二级账户的关系。省公司资金池账户作为级账户是实账户，基层单位账户为二级账户是虚账户、集团账户一级账户反映集团资金实际增减变动情况，集团级账户为零余额，零积数，显示账面虚拟额度；一、二级账户实行联动，时时归集资金，在途资金为岑。** 3.银行账户的收、支、余额控制。收入账户，省公司统授权银行对二级收入账户设置文出冻结标识，二级收入账户资金支出仅限于流向小一级账户。电费资金的解交工作足由商业银行在月末将二级收入账户的账面额度户动批量上划至指定账户来完成的，广汇总进行账务处理。经费账户，省公司统一一授权商业银行根据公司及各单位的每周现金预算为各市县供电公司二级经费账户设定该周每口支出限额，并通过系统集中进行批量设置，当口的支付限额节余白动作废，保持零余额管理，其限额内的支付情况可以时时查询。透支额控制：各单位集团账户二级文出账户在限额范|内使用，不可透文；省公司会计处二级专用账户，不设置口文付限额，不受其账面额度的限制，可以透支，但当日最大支付额不能大于一级账户实际存款余额 4.公司与银行的对账与查询。省公司“95598°集团账户的级账户开户行每日向省公司提供统计的级账户当日资金收支汇总清单；二级账户开户行根据各二级账户虚拟账面额度变动情况，提供银行回单和对账单；月末省公司一级账户开户行对省公司提供各单位二级收人账户分地区批量归集清单；省公司可对"95598集团账户的二级账户进行时时查询和监控， **{二)“95598集团账户"实施的成效** **1.银行账户管理水平得到提升：大幅减少公司的账户数量，全省一级账户数量仅为原来的10%，二级账户也不足原来账户的40%** 2.资金归集速度加速集团账户二级账户的联动，将用户电费时时归集到省公司级账户，实现了零周期归集资金和消灭了在途资金。 3.资金归集比率全面提高。通过集团账户一、二级账户的联动.资金的时时归集，使各单位的"95598°集团账户二级收入账户余额始终为零，实现了级账户资金的全部归集。 4.资金管理工作效率更加高效。上下级往来不用每大遂笔核算及重复开票工作，只需月末汇总进行账务处理，提高了个省财务人员的工作效率。 5.资金使用效益进一步提高。改变了银行存、贷款双高的局面，充分发挥了公司的资金规模优势，每年通过资金统筹安排、合理调度集中运作，大幅降低了资金成本，提高了资金使用效益.. 6.资金风险防范更加有效：省公司可以时时监控各级账户变动情况、掌握全省资金状况，实行级收入账户零余额管理和二级经费账户限额控制，实现对资金的有效监控和风险防范。 **参考文献** 1.孙静芹.2004.集团公司资金集中管理研究.中国经济出版社 2.杨雄胜、陈丽花.2007.集团公司财务管理.人民出版社。 (本栏目责任编辑：郑洁)

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Vox Angelica : a new collection of Catholic hymns : organ edition author: Kemble-Wood, F.E ): F^^I^^^^^^^^^^^^^^^H Vox Anselica A NEW COLLECTION OF CATHOLIC HYMNS F. E. KEMBLB-WOOD ORGAN EDITION FALLON & CO. 89 TALBOT STREET, DUBLIN '' •*) Bil)ii O^bstat: MICHAEL CRONIN, CENSOR THEOL. DEPUT. 3fmprtmi potest: ^ GUIvIELMUS, ARCHIEP. DUBI^INII. HIBERNIAE PRIMAS. Duhlinii, die 24"" Sept., 1913. CONTENTS Page 1. Hark, an Awful Voice is Sounding 1 2. That Day of Wrath 1 3. Day of Wrath 2 4. Love Divine, all Loves Excelling 3 5. Once in Royal David's City 4 6. Angels, from the Realms of Glory 5 7. See, amid the Winter Snow 6 8. Hark, the Herald Angels Sing 7 9. How Sweet the Name of Jesus Sounds 8 10. Jesu, the very Thought of Thee S 11. Jesus, Thy Blood and Righteousness 9 12. O Jesus, I have Promised ]0 13. When I Survey the Wondrous Cross 11 14. O Sacred Head, Surrounded 12 15. Glory be to Jesus .. , 13 16. Take up Thy Cross, the Saviour said 13 17. All Glory, Laud, and Honour 14 18. Ride on. Ride on in Majesty 15 19. Alleluia, Song of Sweetness 16 20. Christ the Lord is Risen to-day 17 21. Alleluia! Alleluia! Alleluia! 18 22. Jesus Christ is Risen to-day 19 23. The Head that once was Crowned with Thorns 20 21. Paschal Lamb, by God Appointed 21 25. Come, O Creator Spirit Blest 22 23. Creator Spirit, by Whose Aid 23 27. O Purest of Creatures 24 23. Look down, O Mother Mary 25 29. Hail, Queen of Heaven , 26 CONTENTS Page 30. O Joyful Heart of Mary 27 31. Hark, the Sound of Holy Voices 2S 32. Jerusalem the Golden 29 33. Holy God, We Praise Thy Name 30 34. Holy God-head, One in Three 31 35. Lead, Kindly Light 32 36. Faith of Our Fathers 33 37. Praise the Lord, ye Heavens, adore Him 34 38. The Saints of God, their Conflicts Past 35 39. Through the Night of Doubt and Sorrow 36 40. Sing, Sing, ye Angel Bands 37 41. Hail, Glorious Saint Patrick . 38 42. God of Mercy and Compassion 39 43. Now Thank We All Our God 40 44. Hail, Sacred Feast 41 45. The Church's One Foundation 42 4G. Jesus is the Name We Treasure 43 HYMNS FOR ADVENT. l^ark, an HiDful Voice i$ $oundina« r.E.K.W. / Hark ! an awful voice is sounding, V " Christ is nigh," it seems to say ; V Cast away tlie dreams of darkness 0 j'e children of the daj'. (cres. Startled at t'.ie solemn warning, V Let the earth-bound soul arise ; V Christ her Sun,V all sloth dispelling, V Shines upon the morning skies. Lo, the Lamb so long expected [heaven; Comes with pardon down from p Let us haste with tears of sorrow, V One and all to be forgiven. / So when next He comes with glory,V Wrapping all the earth in fear,y Ma J' He then,*/ as our defender. On the clouds of heaven appear. tm t)ap of Wratl), That day of wrath, V that dreadful day, Vc?'. When louder yet,Vand yet more dread, V Wlien heaven and earth shall pass away,V / The trumpet sounds that wakes the dead. What ])ower shall be the sinner's stayVV How sjiall he meet that awful day 1 pO on that day,V that wrathful day.V cr. When man to judgment wakes from olay,V m/ When shriv'lling like a parchM scroll, V tr. Be Thou, O Christ, the sinner's stay,V The flaming heav'ns together roll ; V / Though heaven and earth shall pass away. Dap oT WratI), Plain Chant. / Day of wrath, that day dismaying, V Earth shall melt in ashes laying,/ Seer and Sibyl thus foresaying. Oh ! the dread of that awaking.V / When the dead, their tombs forsaking, V Meet the Judge, strict inquest making. When the wondrous trumpet swelling V Rings thro' death's sepulchral dwelling, V All before the throne compelling. Lo, the Judge in session seated — 7 Now sliall sliine forth deeds secreted. V Justice stern lo each be meted. 2^ What shall be a sinner's pleading ?\/ Wlio will shield nic inlerceding,V E'en the just man mercy needing ? / King of majesty appalling ! V Thy free grace Thy wratii foreilalling,V Save a wretch for pity calling. ti:p In the last dread separation, V On Thy right assign my station, V With the children of Salvation. When Thine awful malediction Hurls the lost to hell's aflIiction,y Be my call to benedictioa. £oue DiuiiK, all looes excelling* F.E.K.W. -IV- ^=3g II I u- 1 r I u r ^ p=?^ :p #^ ^1^* Zr2l 1^ "LTi 5t ?= ^ =F i :c^: f *=5t J, _^ ^ ' , F~^" ~»- :?2: ^F^F^^ :^=?: P: i^ 5^- I e IfJ: Siii^ i^: S^= *: ^ >-J-.L^ J^ I I T" J -9x—-9- ^~ IE I Love divine, all loves excelling. V Joy of heaven, to eartli come dow Fix in us Thy humble dwelling, V All Tliy faithful mercies crown. V p Jesu, Thou art all compa^^sion, / Pure unbounded love Thou art,V <res. Visit us witii Tiiy salvation,/ l''nter every waiting heart. Come, Almighty, to deliver,V Let us all Thy grace receive ; V Suddenly return, aud never, V Never more Thy temples leavc.V 11, V c?es. Thee we would be always blessing, V h'erve Thee as Thy hosts above, V Pray and praise Thee without ceasing,V Glory in Thy perfect love. Finish then, Thy new creation, V Pure and spotless let us be ; V Let us see Thy great salvation, V Perfectly restored in Thee.V ocs. Changed from glory into glory,V Till in heaven we take our pIaoe,V Till we cast our crowns bef(jre Thee,\/ / Lost in wonder, love, and praise. HYMNS FOR CHRISTMAS. Once in Ropal Dauid's dip* Gauntlett. r I ' I ^3^ a ■^s>- ^= s .S5^ icS "P* -^- ^:^^W ^3^ :^ ^= ^ rr f^ W^ ^t:^ ^n — p -ei- ■^Jl 12^ -^? :^: "2::?" <^ ■^ SS :?2= -i^-r- :?2: ^ -^- -is^ g-^— ^- ^S'- :^:t2^ =i 3i 3 3^ ^ :^ -.^- =Ff :P2= i^ P^^ z:^ rr -z^' J- :*i^ ^ _^_ ./^ ■^- ^=& 221 n rse :trj2=^ # -G> ■p Once in royal David's city V Stood a lowly cattle slied,V Where a mother laid her baby V In a manger for His bed ; V Mary was that mother mild. V p Jesus Christ, V her little child, p He came down to earth from heaven,V Who is God and Lord of all ; V And His shelter was a stable,V And His cradle was a stall. V [lowly, With the poor,V and mean, and Lived on earth V our Saviour holy. For He is our childhood's pattern,V Day by day like us He grew ; V He was little, V weak and helpless, V Tears and smiles V like us He knew.V And He feeleth for our sadnes3,V And He shareth in our gladness. mf And our eyes at last shall see Him,V Through His own redeeming love ; V For that Child so dear and gentle V Is our Lord in heaven above : V / And He leads His children on 7 To the home where He is gone. mp And thro' all His wondrous childhood V ^p Not in that poor lowly stable,V With the oxen standing bj%V He would honour and obey,V Love and watch the lowly Maiden,V In whose gentle arms He lay.V Christian chilren all must be Mild, obedient,V good as He. We shall see Him ; V but in Heaven, Set at God's right hand on high.V / When like stars His children crowned, V All in white shall wait around. 6 Jingels, frotn tDe Realms of Glorp* 1 w~r i ^^^ s S=p: :^ Jj! Iljlj 1,1 I i I "^r ^^^ IE ^ t ^ ES tJ -^ -^E>- ^^j-j^.^flj^-_ij^-Jj_4_^^j_J2 :^=r ^§: s =p^ .'S'- tk/ Angels, from the realms of glory, V Wing your flight o'er all the earth ; V Ye who sang creation's story V Now proclaim Messiah's birth.V Come and Avorship,Veome and worship, V AVorship Christ, V the new-born King. p Saints before the altar bending, V Watching long in hope and fear;V oes. Suddenly the Lord descending,\/ In His temple shall appear.V Come and worship, V come and worship, V / Worship C'hrist,V the new-born King. / Saints and angels join in pi-aising Tiiee ; V the Fatlier, Spirit, Son ; V Evermore their voices raising V To the eternal Three in One.V Come and worship, Vcome and worship, V j) Worship Christ,Vthe new-born King. See, amid iDe Winter Snoio* :d=--d=j--:] Mendelssohx. ^ III I.I :?2: ?^ ^jytT-P-^— fe I -!^ -<=2. s :& II' I rJ pEpE^^^ie g) :^: -<s- t d: 3 I^ =^=^= :2:± :^=s:z: 'f^ f^ (=> T -iS"- ?^^ 'ctrr '2:?- ?=^ I I ^E -g^ -:^- :&::^ :^ -iS"- :r?2=^ :^ .-^ 2:^: :^2: ^ ^i^ H H t?— .S- — ^S" — s^ S -<s- @ :g -s- — ^ — ^- -iS'- j^zL J=L j:^^ -?= -<^- I 1 I I i I ! ^ .^_ ^ -^. -I — I — I — <-<^ '-:^-- A. <± ..^ --4- :^ :P2^ -i <S- ^ , «=^ zzJ: Z^ -J-^-4 -^- -irJ ^ -rp- ^ ~-l- i S: -,s — IS- :?2: r ?2= ■S*- :^ n.. ^ (^ =F -<s — t "c?~ _.C2_ cT H h- -^^ 'T-^ 1 w= 4 ^ I^ -t-2 I I ^^ft=i: -1 1 — / See, amirl the winter's snow.V Born fur us on earth below, V See the tender Lamb appears, 7 Promised from eternal years. V / Hail I tliou ever blessed niorn,V Hail ! redemption's happy dawn,V Sing through all Jerusalem, V Christ is born in Bethlehem ! \/ ^ Sing through all Jerusalem, V Christ is born in Bethlehem ! p Lo I within a manger lie? He Who built the starry skies, V VI f He Who, thioned in height sublime, V / Sits amid the cherubim. V / Hail, etc. ™/ " ^^y> yo holy sheplierds, V say What's your joyful news to-day ? V Wherefore have you left your sheep V On the lonely mountain steep ;" V / Hail, etc. / " As we M-atehed at dead of night, / cres.'Lo, we saw a wondrous light ; y p Angels singing V 'Peace on earlii ' Told us of a Saviour's birth."/ / Hail, etc. p Sacred Infant, all divine, V What a tender love was Thine ! V Thus to come from liighest bliss Down to such a woild as this.'/ / Hail, etc. p Virgin mother, Mary b!est ! V crcs. By the joys that filled thy breast,y Pray for us that we may prove Worthy of the Saviours love ! V / Hail, etc. 8 l^ark, tbe Rerald flnaels Sing, Hark ! the herald angels sing,V Glory to the new-born King,V Peace on earth, and mercy mikl,>/ p God and sinners reconciled. / / Joyful, all j'e nations, rise,V Join the triumph of the skies ; V With the angelic host proclaim, V " Christ is born in Bethlehem."/ ff Hark ! the herald angels sing,V Glory to the new-born King ! Christ, by highest heaven adored,V Christ, the Everlasting Loi'd,/ Late in time behold Him conie,\J Otfsj ring of a Virgin's wunib.V Veiled in flesli the Godheai see 1 V Hail the Incarnate Deity I V Pleased as Man with men to dwell, / / Jesus, our Emmanuel. V ff Hark ! the herald angels sing,V Glory to the new-born King, cr. Hail, the heaven-born Prince of Peace,V Hail, the Sun of Righteousness, V Light and life to all He brings. V Risen with healing in His wings. V p Mild, He lays His glory by ; V cr. Born that man no more may die ; V Born, to raise the sons of earth ; V Born, to give them second birth. V ff Hark ! the herald angels sing,V Glory to the new-born King ! 7 9 Rou) Sweet tbe Rame of Jesus Sounds- A. R. Reinagle. ± ^V-^M- r ■jT^ -,iS> — (S' ^E^3 rr -^- ?2: T=^ ^F^ v-^ -tSi- ^g^^^;#^ I 1 I I 1 I =F= ?^ "?^ _i^__^ ± =p= ^=? _£2- I I P^ i3^^ :^ r s>- -(S- r-^-T -S)- ^-- T^' ^ -^- ^ ^ isi -s:^- s ^ -^- -jS>-f(S'- P -iS^ :z: :?2: =^=?2: How sweet the name of Jesus sounds V In a believer's ear ! V It soothes his sorrows, Vheals his wounds, And drives away his fear. Dear name ! V the rook on which I build, My shield and hiding-place,V My never-failing treasury, V filled With boundless stores of grace ! cr.Jesus, my Saviour, Shepherd, Friend, V My Prophet, Priest, and King ; V My Lord, my Life, my Way, my End,V Accept the praise I bring. p Weak is the effort of my heart, V And cold my warmest thought ; V V But when I see Thee as Thou art,V cres. I'll praise Thee as I ought. di. Till then I Avould Thy love proclaimV With every fleeting breath ; V 2Jp And may the nnisic of Thy name Refresh my soul in death ! 10 3e$u, tbe uerp tboudM of tbee. =^i Alec Brown. s i rrTT=f u t=& A ii i^ s I* — I— • XT -eh- I d I I I I 1^=-* jt ^ Jesu, the very thought of 'rhee.V cr. With sweetness fills my breast ;V But sweeter far Thy face to see,V p And in Thy presence rest. No voice can sing, V no heart can frame, V Xor can the memory find / A sweeter sound V than Jesu's Name,V The Saviour of mankind. / 0 lio,,e of every contrite heart, V 0 Joy of all the meek,V cr. To those who ask liow kind Thou art,V How good to those who seek I But what to those who find? V Ah ! this Nor tongue nor pen can show ; V The love of Jesus V what it is None but His loved ones know. Jesu, our only Joy be Thou,V As Tliou our Prize wilt be ; \/ In Thee be all our glory now.V And through eternity. 11 3e$u$, tl)P Blood and Rigbteousness* F.E.K.W. m --S: 5 j:^ 1=^' l=i^^^ J- r -^-T- d: m ^ 3EE '-w^^^ :p= -^=^ ^ liii^ s^ 33; ,^^^^^yg Jesus, Thy blood and rigliteousnessV My beauty are, my glorious dress ; V 'Midst flaming worlds in these arrayed*/ With \oy shall I lift up my head. p When from the dust of earth I rise.V To claim riy mansion in the skies, V E'en then shall I make this my plea,V "Jesus hath lived and died for me." Bold shall I stand in that great day,V For who aught to my charge can lay?V Through Thy dear merits free 1 am V From sin and fear,V from guilt and shame. This spotless robe the same ap] ears,V When ruined nature sinks in ytars iV No age can change its glorious hue — V The robe cf Christ is ever new. 0 lot the dead now hear Thy voice ! V Bid, lord, Thy banished ones rejoice !V Their beauty this, V their glorious dress, \ / Jesus, V the Lord, V our Righteousness. 9 12 0 Jesus, I l)aue Promisea, J. W. Elliot. l^gilig^^ h^=5 T ^- ^^3^ 1^=1^ :^= izii^-^r^^izrpz: ^^g=^s^=e j2-i -(S^- -^= rsi ^ '-^~r^-^ S S: t; 122: ■:?^=^=^ ^^S^ 3± g— f^ &^ =^ :c± -^fS*- -^->: ^ =P =^=, _£=2- T^^P— P: "S?" _(^2_ :?2: -s?-=- «>■ 3 ^ I'ojct's in Uyiison. 1^»- \zJ- -IS>- =^=^=^ :^:^:^ Zn Harmony. ^ :S=*t :?2=?2= ^5 g-n"cm ♦ -<^- :y-s^-^ =^^ 3i: J- I -f^ S ni. tit I I Man. Ped. -<— h- :^=^Lr^p2=?2: rcr-^- 0 Jesus, I have promised V To serve Thee to the end ; V Be Thou for ever near me,'/ My Master and my Friend ; V 1 shall not fear the Lattle V If Thou art b^' my side,V Nor wander from the pathway V If Thou wilt be mv Guide. 0 let me feel Thee near me : V The world is ever near,V 1 see the sights that dazzle,V The tempting sounds I hear; p My foes are ever near me,y Around me and within ; V cres. But Jesu,v' draw Thou nearer V And shield my soul from sin. mf 0 Jesus, Thou hast promised To all who follow Thee.V That where Thou art in glory V Tliere shall Thj- servant be ; V And Jesus, V I have promised To serve Thee to the end ; V O give me grace to follow V My Master and my Friend. 10 HYMNS FOR LENT. 13 Wl)en I Suruep toe Wondrous Cross, I w ^S^: -^— jS"- H7-=^- 3z:=2 -(^- :^±^ iztii: ±2:^zl ^ -^- ^_ ■?2= :^: Ed. Millek, Mus. Doc. / I :i^E "g=|l=i -a=» — . le^: E^ _£ri_ :^=r ■_^-: -J-j:i. -(S-- :^= 22: -?= :?2: ^ S I^ES HZ: :^ 12:^: r^iil :?= ^^ r=?2: — s-- I I I -jS*-- ZC2Z ^i,^=r^ :^ * -^— ^^, ■^ H S &2- z=± 22: :g: y g=F=P=g -(;2_ I 12^ :r s- -<^- ^^ -^J =5= .^- =(^2: -^-jH- '^- ■Z±. -£5- I p When I survey the wondrous cross V On which the Prince of Glory died.V Mj' richest gain I count but loss.V And pour contempt on all my pride. mp Forbid it, Lord.V that I should boast, V Save in the Cross of Christ my God ; All the vain things that charm me most, V I sacrifice them to His blood. m/See from His head,VHi8 hands,VHis feet, p Horrow and love flow mingled down : V Did e'er such love and sorrow meet,V Or thorns compose so rich a crown ? Ttij Were the whole realm of nature mine,V That were an ofl'ering far too small ; V Love so amazing, V so divine,V Demands my heart,Vniy life,V my all I 11 14 ^ES= 0 Sacred l>caa. Surrounded. d: J. S. Bach. C3: 2^: i S^ :si: -^jp- f^' fi^ <S'- ^ -1^- :P=^ 122.": -(SI- u ^ v~?r^" bS: SE^ 122: =?2=H tt :pt:^ 122; m ^ ^ 1^=^ 1^=^: P> ^22- :^: r ^ I I - ■p^— ^- I I ^ 1 ^-g^-^: = :=^E i (S'- :^ -r-^.^ -^-J. ^in=c^i:i:=^: -iS'- Ell 2znzc2: 3I& U- ^H« ^=[ P 1^ 122: 1221 :^= ^ -(Si- -^: 1/ P ^: ■_cJ.^_jU- P^ i: 1^ ^^: _i:i. :?2= rj. :^ 22: I 1 I J- J- =^21 :^ :p2=e P=^ J=;d: 3± d: :p= ^ S^ :?=2: IfeH ■^' L-^s: 22: :p=^ LJ_ iii I I :^ ^ -.s-- -^■ :=2^= ^ .c=L T^' .<=L -^- -^- CD 1221 -iS- ■^■s^J- :P2: 7«p 0 Sacred Head, surrounded V By crown of piercing thorn ! V 0 bleeding Head, so wounded, V Reviled, and put to scorn ! V Death's pallid hue comes o'er Thee, V The glow of lite decays. Yet angel-hosts adore Thee,V And tremble as they gaze. p I see Thy strength and vigour V All fading in the strife, V And death with cruel rigour V Bereaving Thee Oi life ; V cr. 0 agonj' and dying ! V 0 love to sinners free ! V Jesu, all grace supplj'ing,V 0 turn Thy Face on me. ' p In this Thy bitter Passion, V Good Shepherd, think of meV With Thy most sweet compassion,V Unworthy though I be : V c?es. Beneath Thy Cross abiding V For ever would I rest,V In Thy dear love confiding, V And with Thy presence blest. 12 6iorp be to 3e$u$» ILITZ. / p Glory be to Jesus, V Who, in bitter pains, V Poured for me the life-blood From His sacred veins. Which from endless torments Did the world redeem. Abel's blood for vengeance Pleaded to the skies ; V c?".But the blood of Jesus For our pardon cries. wf Grace and life eternal In that blood I find ; V Blest be His compassion V r\c^ -j. • • ii j Infinitely kind P '^f^''" '^ '" sprinkled •^ Un our guilty hearts, V Blest through endless ages 77i/ Satan in confusion Be the precious stream, V Terror-struck departs. Oft as earth exulting \Vafts its praise on higli,\) o'.Angel-hosts rejoicing Make a glad reply. / Lift ye then your voices ; V cr. Swell the mighty flood ; V Louder still and louder ff Praise the precious blood. 16 Cake up Cl)P Cross, tbe Sauiour said. Leipzig (162.5). ^ j'j A ^ --^ hd=^ ^m r AJ_A^ .c^. ?= zz: S pE^Ep :^_£i_ :^2: i i w^ •9^ ^^^m i to/ Take up tliy cross, the Saviour said,V If thou wouldst My disciple be ; V Deny thyself, the world forsake, V And humbly follow after Me. mf Take up thy cross, and follow Christ, V Nor think till death to lay it down ;Y For only he who bears the cross V cr. May hope to wear the glorious crown. Take up thy cross, V nor heed the shame ;V / To Thee, Great Lord,VtIie One in Three,V Nor let thy foolish heart rebel : V All praise for evermore ascend ; p Thy Lord for thee the cross endured, V di. 0 grant us in our home to see V cr. To save thy soul from death and liell. f The heavenly life that knows no end. 1.3 17 M Glorp, £aud, and Ronour. A Teschner. -J— ^- ^ -s*- rrr :?2= r gj rj --r=w:, s>- A J J J. r "^r:^ > i^e^^ =± -s?- ^ e^^g B "TP- ?=2=:i^ C^ ' d 2:± f FzTie. -sl-gL^ ^ 122: -iS>- -rzi—7z^ ?2: r r i:^ ^ -^t^ 22: ^ -is- :& -iS^ :^ :z2: :?=: :^ 221 ;;j=p^=:g^=j= -rzT--^ ^^ ^ -rS' iS ?2^ 1=3f==f fj -iS^ -s-- ^ a (»^ ^^ :^ Z).S. SE0ES: :3 2i ;^^ U J- J- PCrr r r -^B- :z± ^ S ^5:^ '^^ ^ r-r All glory, laud, and honour, V To Thee, Redeemer, King ! V To whom the lips of children V Made sweet hosannas ring. Thou art the King of Jsrael,V Thou David's Royal Son,V "Who in the Lord's name comest,V The King and Blessed One. / All glory, etc. The company of angels V Are praising Thee on high ; V And mortal men.V and all things Created,V make reply. / All glory, etc. The people of the Hebrews With psalms before Thee went ; V Our praise and praj-er and anthems Before Thee we present. / All glory, eto. To Thee,V before Thy Passion,V They sang their hymns of praise ; V cr. To Thee,V now high exalted,V Our melody we raise. / All glory, etc. Thou didst accept their praises ; V Accept the praise we bring, V Who in all good delightest,V Thou good and gracious King. / All glory, etc. 14 18 RiUe on. Ride on In majestp* German. ^ H^- Ptip^^^^p^^EgEp I 1=2: d^M=F^-=i i^: rz5t -s-- ^!^^F ?2 -.^ -(S^ .ci. ^£S «=SE g S>- -G>- -<S>- 1^ i I p^^= fe"- e 125: P / Hide on I V ri^le on in majesty ! V Hark ! all the tribes Hosanna cry ; Y O Saviour meek, pursue Thy road V With palms and scattered garments strowed. Ride on ! V ride on in majesty I V p In lowly pomp ride on to die ; V cr. 0 Christ, Thy triumphs now begin V O'er captive death and conquered sin. Ride on, ride on in majesty ! V The winged squadrons of the sky V Look down with sad and wondering eyesV p To see the approaciiing Sacrifice. Ride on I V I'ide un in majesty I V Thy last and fiercest ftrife is nigh ; V The Father on His sapphire throne Y Awaits His own Anointed Son. Ride on I V ride on in majesty ! V p in lowly pomp ride on to die ; V Bow Tliy meek head to mortal pain, cr. Then take, O (iod, Thy power,Vand reign. 19 HYMNS FOR EASTER. jaileluia. Song of Sweeiness. F.E.K.W =i*= i^. 5^a^ :?- f: ^-- -t ^ 1 I J ' I A^ ^ £ ^- :g: ±z Alleluia 1 song of sweetness, V P Alleluia ! V faint and feeble Song that angels love to sing ; V Conies oar answer from below,V Alleluia I never cca<ing/ [ring.\/ For the strains of " Miserere" y' Through the hea\ only courts doth Earthly voices better know : — V Alleluia ! V Alleluia ! V crcs. Miserere ! '/ Alleluia ! V Praise to heaven's Almighty King I Mingled song of joj' and woe. Alleluia I ye re(^eenied,V 'Tis your blissful song on high ; V Alleluia sing ye ever / In your home beyond the sky ; \J To the angels alleluia,./ 'Tis your joyous answering cry. mf Holy Jesu, v' sweetly call us.\l When our earthly strife is o'er,V To the home .where all Thj' blest ones hongs of praise t(j 'J'hee outpour : V / There the endless Alleluia Be our song J for evermore ! 16 20 Cbrlst tbe £ord Is Risen ro-aap. J. J. Murphy. ^iig^ife^g '^k^^^'- j_jiu- t2: i?i: B: iiE^: g^ '^ i r -s'- :?2: i tE^f ■^^ J- J- :^4 tr=-t :t= / Cluist the Lord is risen today ; V Christian.-;, haste your vows to pay ; V Offer ye your praises meet / At tlie I'a-ehal Victim's feet. p For the sheep tlie Lamb hath l)led,V cr. Sinless in the sinner's stead ; V / " Christ is risen," V to-day we cry ; V Now He lives no more to die. Christ, the Victim undetiled,\/ Man to God hath reconciled ; V p ^Vllilst in strange and awful strife V Met together Death and Life. €;■. Cliristians, on this happy day V Haste with juy your vows to pay ; V / ' ' Christ is risen, " V to-day we cry ; V Now He lives no more to die. p Christ, \\' ho once for sinners bled,V cr. Now the first-born from the dead,V / Throned in endless might and power,'/ Lives and reigns for evermore. Hail, Eternal Hope on high ! V Hail, Tliou King of victory ! V Hail, Thou Prince of life adored ! Help and save us, / gracious Lord. 17 21 nileluia! Illlelula! jllleluid! Palestrtxa Before 1st rase only. / / I / tj II III — ^- -<s>- --^■ m:± Al - le - lu A fe^=^?= ±^ "TTi^ 22: ia ! Al - le - lu 7^ r^=^ ia ! Al - le ■ lu . _J-J-d- "g^ 22: :Z2L Z22: = 1 _j._( la! Z2: a I 1^ r I D.S. «y =S^ _is_ 3^3 ^- --^^ -&-i~ -' m ' jS-X Alleluia ! V Alleluia ! V Alleluia ! V The strife is o'er, V the battle done,V Tlie triumph of the Lord is won : V O let the songs of praise be sung ! V Alleluia ! p The powers of death have done their worst,V And Jesus hath His foes dispersed ; V Let shouts of praise and joj" outburst,*/ Alleluia ! crea. On that third morn He rose a<;ain,y In glorious majesty to reijn ; V O let us swell the joyful strain, V Alleluia ! / He brake the bonds of death and hell, / The bars from heaven's high portals fell ; V Let songs of joy His triumphs tell.V Alleluia ! p Lord, by the stripes which wounded Thee,V From death's dread sting Thy servants free, 7 That we may live,V and sing to Thee V Alleluia ! 18 22 3c$u$ Cbrist 1$ Risen todap. R. Redhead. (?) ¥ :^=s: i is^: g^ 1^:=^: '^ 1^ p p , ' ' ' ' I ^ I I I -^- ^=^ ^=^=i:Sf "^:7 i^f^^t^ 1 -^- -p— — gi -| s I -:£>- «-r— cJ — ^ — ^ -^ -fe=— ! Si; -<^- ^-J. J=g=^ -4^ _22: ^^R^ :?^ r^^^EDI :|^?^R -^- -^2- -s"- :^ Sj^i^ -I — I©- t:22: 1 Je'^us Cliri^it is risen to-day, V Alleluia ! Our triumph lilt holy day, / A'le'uia ! ■Who did once upon the Cross, V Alieluia ! p Suller to reikeiii our !oss,V Alkluia! Hymns of ]jraise tlien let us sing.V Alleluia ! Unto Christ our heavenly King,/ Alleluia ! p Who endured the Cio>s and grave,V Alleluia ! Cres. Sinners to redeem and ^ave,V AUe.uia ! But the pains which He endured// Alleluia! Our salvati )n have procured ; / Alleluia ! f Now above the sky He's King.V Alleluia ! cres. Where the angels ever sing / Alleluia ! 19 i w 23 CDe l>eaa tbat once was Croionea iDiri) ^Dorns* J. Clarke (1870). £s; -^- -(©- :?2: zq=q: :^zi^ttz^~z (S>—'-tS — <s — <^ -is — 1& — i^ ^liiie=^ c2: =?2: :22itlit ?=^ :s2: r.^0Ei :^: -P2- :^= -P==^^ s^ -^- .J J. J- I J. J I J S=I ?^^ p E^^ =?2=^ 221 Tlie liead that once was erovvn'd with thornsV Is erown'd with glorj' now,V A royal diadem adorns The mighty Victor's brow. / The highest place tliat heaven aftbrdsV Is His,Vis His by right ;V 'i'he King of kings, V the Lord of lords, And heaven's eternal light. inf The joy of all w ho dwell above,V The joy of all below, V , To whom He manifests His love.V And grants His name to know. p The cross He bore is life and health, V Though shame and death to Him ;V crcs. His people's hope,VHis people's wealthV Their everlasting theme. 20 24 PascDal £anib, bp 6oa Jlppointed^ Alec Brown, (Bar. F.E.K.-W.) -| — r : r J I I I I «5i: m iTp: r^ 'W^^- T- ■is^^tr i^^m. P-0 0 ^ — ^ — ■ F— |— i Jj :£: :t ±1: -P-- 2) I'aschal Lamb \ by (iod a()pointed,V All Dur sins 011 'J'liee were laid : V 15y Aliiiif;lity love anointed, / Tliuii hast full atonement made.'/ Cr. All Tliy i)eo|)lc are forgiven V TliKJUjih tlie virtue of Thy blood ; V Opened is the gate of heaven ; V p Peace is made 'twixtnian and Cod. j Jesus, hail, enthroned in glory, V There for ever to abide ; V All the heavenly hosts adore 'J'heCjV fcjeated at Thy Father s side.V 1> There for sinners 'I'liou art p!eading,V '{'here Thou dost our place prepare,V cr. JMer for us iiiterceeding,V 'J'ill in glory ^^■e appear. / Worship, honour, jower, and blessing V Tluni art worthj' to receive ; V Loudest praises, without ce.ising,V Meet it is for us to give.V cr. Help ye bright angelic spirits ; V Bring your sweetest, noblest lays ; V i] Help to sing our Saviour's merits. V Help to chant Hnniianuel's praise. 21 HYMNS FOR WHITSUNTIDE. 25 Come, 0 Creator Spirit Blest. Webbe. :3: z^z A H- =fcg A—.^ -J^-1^. -Ls" — tS — (S n=^ J: -1 — h :.S=!i^r:gtl f-rr^'^:^^'?'" ^^^fT TJi/Conie, 0 Creator, Spirit blest,/ And in our souls take up Thy rest ;', C'oir.e with Thy grace and liea\enlj' aid 'Jo lill the hearts which Thou hast made. Great Paraclete ! v'to Thee we cry,V 0 highest gift of God most high ! crO Tount of Life 1 ,0 Fire of Love I / And sweet anointins; from above ! Kindle our senses from above, / And make oi'.r hearts o'ertlow with kivo ; i?i/With patience firm and virtue high,,' 'I'he weakness of our Hesh sup ply. Far from us drive the foe we dread, / And grant us 'I'iiy true peace instead ; So shall we not, with Thee for guide,'/ Turn from the ]>atli of life aside. / All glory, while the ages run,/ Be to the Father, and the SonV Who rose from death ; the sail e to Tliee^ 0 Holy Ghost, ctornally. 26 Creafor Spirit, bp Wbose ma. F.E.K.W. ^ I 1 I i I I I I r I II L2: _i;^_ :g^ P ?S« ^ J =f" ! I- i Creator, .Sjiirit, by whose aid / Tlie woi'd's foundatiuns lirst were la!d,/\ Come, visit every humble mind,y Come, pour TJiy joys on huiii;iiikiiid,V From sin and .-orrow set us tree,, -jnd make Thy temples worthy Thee. 0 Source (jf uncreated liyht,/ The Fathers promised Paraclete !V Thrice lioly Fount '. /thrice holy Fire iV Our hearts with heavenly love inspire :V p O come ! Thy sacred unction bring, V To sanctify us wiiile we sinif. CJ-Plenteous of grate, /descend from liigh, / Ricli in Thy sevenfold enerijy ; \/ Make us eternal trutiis receive, V And practise all that we believe ; V Give us Thyself, Vtliat we ma}' see Tlie Father and the Son by 'ihee. 23 HYMNS IN HONOUR OF THE B.V.M. 27 0 Purest of Creatures- Traditional. ^^^^"^imm tg mp 0 purest of crealures, sweet Mother, sweet Maid,V Tiie one spr)tless Avoiiib wherein Jesus was laid ; V Dai k uijilit hath come down on us, Mother, V and we Look out for thy shininj:,V sweet Star of tlie Sea. p Deep nic;lit hath eonie down on this rou<,'h- spoken world, V And the banners of darkness are boldly unfurled ; V C)-. And the tempest-tossed Church all her eyes are on Thee,V / They look to thy shining, V sweet Star of the Sea. The Church doth what (iod first taught her to do.V 7H/He looked o'er the world to find hearts that were true,V 'Ihrough ages He looked, and He found none but Thee,V And He loved thy clear sljiijing.V sweet Star of tlie Sea. f He gazed on thy soul,V it was spotless an<l fair,V For the empire of sin it had never been there,V For none had e'er owned thee dear Mother but He,V And He blesse 1 thy clear shining, V sweet Star of the Sea. Earth gave Him one lodging, V 'twas deep in tliy breast,V And (iod found a home where the sinner finds rest ; V His home and His hiding-place V both were in thee,V / He was won by Thy shining, V sweet Stay of the Sea ! p 0 blissful and calm was the wonderful rest,V That thou gavest thy (Jod in th\- virginal breast ; V For the heaven He left He found lieaven in thei.V And He shone in thy shining,V sweet Star ui tlie Se<i 24 28 Cook doiun, 0 IRoiDcr marp. ^^ tj -z^ :^= :^: ^: ^E--d: 22- 1^ » i -p^- :^=^ :^— 2:^ :z2i — ^s- :e: H H i t T S^ =^=^=1 I ' 1 ,^fe -S- -^-gS- :^ :e^ -^- -^- -s^ — (S- -iS"- -isl- 122: "r -tr h S H ^- -■ g^- -S?- ■^~ :?2= :=^: :22: :^ii _^_^_ -(S- 3-lS- _SSD_ :z2: :?2: X_| 1 H —J— I ; — -e>- :^=ff2Z=^=::^: .-i^=^=^ ^ Look down, O Mother ]\Iary,V From Tliy hrijrht tlirone ixbove,V Cast down upon thy cliildren I One (jnlj' j,'Iance of love ; / And it a heart so lender ,/ With pity flows not o'er// Then turn awaj', O mother,/ And look on us no more. p 0 Mary, dearest niotIier,\/ If Ih.ou wouldsl have us live,\/ Say that we are thy children, V And Jesus wi'l i'or;4i\e. cres.Our sins make iis lunvorthy 7 That title still to bear y But thou art still o.ir Mother, V Then show a mother's care. 25 ■See how ingrate and guilty V We stand before thy .Son ;V 77?p His loving lieart reproaches V The evil we have done.V But if thou wilt appease Him,V fSpeak for us but one word ; / Thou only canst obtain us V The pardon of our Lord. mj Unfold to us thy mantle,\/ There .stay ^^•e without fear : What evil can befall us , If, mother, thou art near V 0 sweetest, dearest 2^Iother,V Thy sinful ehiklren save : V Look down on us with ])ity,V Who th^' protection crave. 29 E>ail, Queen or l>eauen. Trailitioiial. ■9 »- F:^ .^_ ^<=^- W '-P-~- '?^ f Hail I Queen of heaven, V the ocerm star,V Sojourners in this vale of tears, V Ciuide of the wanderer here below, V To thee, blest advocate, we cry ; V Thrown on life's surj^e, we claim thy care,0'. Pitj' our sorrows. V calm our fears, V Save us from peril and from woe.V And footlie with hope our misery. V Mother of Christ,V Star of the Sea,V Kefu,i:e in .L'rief,V Star of the Sea,V Pray for the sinner, V pray for me. Pray for the mourner, \ pray for me. O gentle, chaste, and sjjotless maid,V / And while to Him who reigns above, V We sinners make our pi avers through In (iodhead One, \ in Persons, Three, V Thee ; V The source of life,V of grace, of love,y Remind thy Son that He has paid Homage we pay on bended knee ; y The price of our iniquity. V cres. Do thou, bright Queen,V Star of the Virgin most pure,V Star of the Sea,V Sea. Pray for the sinner, V pray for me. Pray for thy children, V pray for me. 26 oJO i 0 3opful Beart of inarp. ^ 1 \ h Teschxer. :^ :^ 22: 221 t^ 3Z -<s>- :?2: "r-rr <©>- 1^^ I ,^ -^~P7-^ "gy ^ =F= 3z: ^ ^ ^EE^ :^ ^ ^-^_c. "g?" g>> •-_ P=&— pj— P5-L_^_ T -iS^ P^ -<s^ -<s- ^ f^= 2^ -(S- 2:^ ■*-^-iS- ;i^^ -s-- l^H :g= I I :^ 122: -<&- i^z: pip & tr4-^-^=;;J: ^ f ^3 J. -.&■ rS* lS>- ^P=^ d: -J^ -&»- ?5=e - ,,^^-j^._A, g S± I :/t»:^ :?2= :?2: ^ ■^ -is^ / 0 joyful heart of Mary.V What trembling bliss was tliine,"/ Thy Son and God to worship V Within His humble shrine.V To watch His infant footsteps, V To guard His infant rest.V Within thine arms to shield Him.V And clasp Him to thj' breast. / 0 glorious heart of Mary ! V 0 wonderful above ! V Where God Himself surpasseth V In loyalty and love : V i^'or every pang a glory, V For every prayer a wreath, — V His crowning grace above thee.V His brightest saints beneath. p 0 mournful heart of Mary !V m/ But sweet and joyful Mother, V To meet that cruel day,V Now far from tears and woe,V When rent, and racked, and tortured,Vc»'es.And throned in endless glory, Upon the Cross He lay ;V Thou still hast cares below !V To feel His bitter anguish, V Then bid us share thy rapture, V To hear His dying <ry,V And bid us taste thy pain,\/ dim. To see His death-thirst mocked at,V To sing at last thy grandeur And then to see Him die. / In Christ's eternal reign. 27 HYMNS FOR VARIOUS OCCASIONS. 31 l>ark, tDe Sound or l)olp Voices* ^^ \—Tzy- A J. Langran. 1221 -s* — iH — zd — ^^ ^-^ I I. F^ I I i^^i 3^ -J- n $^gEpEg e ^ M gi dE^ 3^s -S §—5 5 22 r'r'rT" ^ S: :S: ^ r J -J. J J- -J J g=5i: iS" n S e^ vS^ ^p±f^ "S^ -J- d: =5t=^ -J- -J- 4 rJ . W- ^- -^ -J- -p-^44.f^-^ grT=P^ ^^t^^^:^ I i^d^^ ^ I I I I III -^- "p::?" J^^, r Trr ^^ J: r^F^ u ' ' '^ f Hark ! the sound of holy voices V chanting at the crj'stal sea,V Alleluia, alleluia, alleluia, Lord, to Thee !V Multitude -which none can number, Vlike the stars ia glory stands, V Clothed in white apparel, holding palms of victory in their hands. Patriarch and holy prophet, V who prepared the way for Christ, V King, apostle, saint, confessor,Vmartyr and evangelist ; V p Saintly maiden, godly matron, V widows who have watched in prayer,V Joined in holy concert, singing to the Lord of all, are there. p They have come from tribulation, Vand have washed their robes in blood, V cres. Washed them in the blood of Jesus, V tried they were and lirm they stood :V Mocked, imprisoned, Vstoned, tormented, V sawn asunder, slain with sword,V / They have conquered death and Satan V by the might of Christ the Lord. ff God of God, the One begotten,VLight of light, Emmanuel ! V In whose body, joined together,Vall the saints for ever dwell,V Pour upon us of Thy fullness, Vthat we may for evermore cres.God the Fatlier,VGod the Son, Vand God the Holy Ghost adore. 2S 32 Jerusalem rDe Golden. ^ gJ- i EWING. / 5 5= -<s- ZJ ^ r 3^ :-3s:^ ?2ii?2: i r -^- "^ _C2- ss$ :e: jS: as £ ^ 1 (=^ -^- it— s^ rF^Tf ^ J. Is- s- -^-ji. ■&- u ^'— r-^ S'- :c±: -f^--p- -<s'- -^-^ r -&^ id: 22: S 2!^ 21^ S^ 221 ^ ^ T^'~r^ ^f _sn^_ ^^^ -s*- ^ :£ :#=& r^ * ii zz -I I fj -s>- ^^^ (V CJ~ ^^r^rrwf "22r ^^S y=d: ~v / JeriiFalem the golden, V With milk and honey blest, V Beneatli thy contemplation / Sink iieart and voice ojiprestjV crts. I know not, oh, I know not / What joys await us there, / What radiancy of glory,/ What bliss be3'ond compare. They stand, those halls of Sion,y All jubilant with song, / And bright with many an an.,'el,7 And all the martyr throng.,/ The Prince is ever in theni,\/ The daylight is serene : V The pastures of the blessed Are decked in glorious sheen. :?=: -^ I a- r I £ r" / There is the throne of David, And there, from care released, V The shout of them that triumph. The song of them that feast, V And they who, with their Leader,V Have coni}uered in the tight, V For ever and for ever / Are clad in robes of white. •p 0 sweet and blessed country, V The home of (iod's elect ;V C7"es.O sweet and blessed country.V That eager hearts expect ! p Jesu, in mercy bring us To that dear land of rest ; V cres. Who art, with God the Father, V dim. And Spirit, ever blest. 29 Ro!p God, We Praise Cbp name* German. yi^ -^ ^c± Ji, I' Z2; ^ i .1: :*=it l^^i^^ii^ -p-- :^: 1 1 ?is d-- ^&± i t -p- :^ St f^ 1^^ 1^ 221 ^4 .^ ji. J_ .J i _i J. P ^S^g^?^ f»— P- S m t «^ m m -^ T=^'- -3ZlZ .J: J- J ^— ^ S JK ^ «r ^ ^ 1. £^^^ ^ m ^^^ Hoi J' God, we praire Thy nanie.V Lord of all we bow before Thee,V All on earth Thy sceptre own,V All in heaven above adore Thee : V Infinite God, Thy vast domain, V Everlasting is Thy reign. / Hark ! the loud celestial hymnV Angel clioirs above are raising : V Clierubim and Seraphim, V In unceasing chorus praising,V Fill the heavens with sweet accord — Holy.V holy.V holy Lord ! p Holy Father, holy Son,V Holy Spirit, Three we name Thee,^ Wlule essence only One.V Undivided (Jod, we claim Thee ;V And adoring bend the knee,V While we own the mystery. VI f Spare Thy people, Lord,Vwe pray,V By a thousand snares surrounded ; V Keep us witliout sin to-day ; V Never let us be confounded. V Lo ! I put mj' trust in Thee.V ors. Never, Lord, abandon me. 30 34 Rolp God=Dea(l, One in CDree- FiLITZ. ■^ rJ ^- ^ =^=; I I ^ I=S :^ A r L?2: -«&- ? ?2=zpzl=^j=:^ -^- .^ .r^_ r^r?: -s" — s*- Tr^- :?2= -s>~ S e: -s"- 221 -^- 2=21 r :p2: ffil ^ f is^ -Ss'- :z:2: T" :?:2: -i^- :ik^: A r =s=s= -<^? :^^^ -^- -G>- _«s_ _i2_ :£J: SS izz: 221 221 Holy God-head, One in Three, V Ruler of the earth and sea,\/ Hear us while we lift to Thee Holy chant and psalm. p Light of light, with morning shineV Pour on us Thy light divine ;V And let charity benign V Breathe on us her balm. God of Peace, V when falls the ev'n.V Let it close on sins forgiven, V Fold us in the peace of heaven, V Shed a holy calm. Holy God-head,V One in Three,V Dimly here we worship Thee ;V With tlie saints hereafter we cres. Hope to bear the palm. 31 £ead, Klndlp Cfgbt. p Lead, kindly Light/vaniid the encircling gloom, V Lead Thou nie on ; 7 The night is dark, , and I am far from home.V Lead Thou nie on.;' Keep Thou my feet ; V I do not ask to see dim. The distant scene ; Yone step enough for me. I was not ever thus,V nor prayed that Thou Shonldst lead me on ;V I loved to choose and see my path ;V but now Lead Thou me on.V I loved the garish day, / and, spite of fears.V dim. Pride ruled my will : /remember not past years. So long Thy power hath blest me,Vsure it still Will lead me on O'er moor and fen, .'o'er crag and torrent, 'till The night is gone, / cres. Anil with the morn /those angel-faces smile, V dim. Which I have loved long sinoQ,Vand lost awhile. 32 3G Faiih or Our farDers, Hemy. ^ess^s -•M-mz , — \- h'*- =^ij=-ii|EfeE?=fe^^ i i ' i I I ^ '^ ^^k > £=1=1^; iq: :li^^ 1 1!!=^: -?2?B -s- s^ — ^--- :^: ;:!=!: :^: ~^; :*'=*: f ::^ /~~r :*z*: > 1 :i=-— P 9 1^ -•- -»- -*- / Faith of our fathers, living still, V v\j Faith of our fathers, V Marj^'s prayers V ' In sptte of dungeon, tire and sword ; V Shall keep our country fast to thee ; V Oh, how our liearts heat hij^h with joyV And through the truth that conies from Whene'er we hear that glorious word iV God,V Faith of our fathers I V lioly Faith ! V Oh, we shall prosper and be free.V We will be true to thee till death. ,|? Faith of our fathers, etc. 7?ipOur fathers ciiained in prisons darkV w/ Faith of our fathers, V we will love Were still in heart and conscience free ; V [fate,V How sweet would be their children's If thej',Vlike them, could die for thee!V / Faith of our fathers, etc. .33 Butli friend and foe in all our strife ; V And preach thee, too,V as love knows how,V By kindly wnrds and virtuous life. V . f Faith of our fathers, etc. 37 Praise tbe Cord, pe Reauens, adore Rim* Haydn. / S 4^ -^- iz^: SiS -^ 2i: :?2: -^-•^^^F ^ J- J- -^- .^ I ^. ^i e^^=^^ -(S*- :?2: 22: 2:2: ? ^^ :^l F i i ^^ ==g iElEi S *i^ ►?=: ^ -<s^ 5i 32: t/ ^"^ 'J i . ^ s>- ^- -<s>' -^- r::i A ^P^rPTT^^Eg :^=: ?2=^: ?2: -h -g? Pis' ~?^~ ^ g H (- 22: ^ 32t is: 3i: 22=^ r -iS- -i^ -<S^- -(^ ':j -tS-- » ^ -iS>- ^^s -^— ^ ^H^ 2i: I -^- !S^ :?2= ^P^ :f=±=t ^^^ -A i^^zat:^. -4-,. ^3^ ^ i^;^ I I 1 I I 11 m^-^ .J. ^ns: - — I- £^^ I T^^=^- ?2= -^ — P2_i. ? / Praise the Lord, ye heavens, adore Him I / Praise Him, angels, in the lieiglit ;V Sun and moon rejoice before Him,/ t Praise Him all j-e stars of light. Praise the Lord I for He hath spoken,'/ Worlds His mighty voice obey ; V Laws which never shall be broken, V c^' For their guidance He hatli made. 34 Praise the Lord, for He is glorious !V Never shall His promise fail,V God hat-h made His saints victorious.V 8in and death shall not pievail. Praise the God of our salvation.V Hosts on high His power proclaim, V Heaven and earth and all creation.V Laud and magnify His name. 38 Cbe Saints of God, Cbeir ConTlicrs past. Stain ER ^ iS>-T<^, ^gg :! J_J J^ p.?^g=^ :?2: :L=rp2zi; ;& 'S'-H J L; L 1 1 U 1 1 'J=^d i Unison. m Harmony. ^^ '^CD~* r i^=zd -p^-^ -s* -s-- ■5^ -(2_ rTT -iS'— tS- -p^ =s= ^^ -^ 32: 2^ :^ r "2?" 22; =^1^ :z2:i: -^ rr -Gh ^ TZpT-j^?: :! 2> The saints of God ! their conflict past.V And life's long battle won at last,V No more they need the shield or sword,\/ They cast them down before their Lord :V O happy saints, Vfor ever blest,V At Jesus' fcetV'how safe your rest. The saints of (Jod their vigil kecpV While yet their mortal bodies sleep, V CT. Till from the dust they too shall riseV And soar triumphant to the skies ;V / 0 happy saints !'/ rejoice and sing ;V He quickly comes,Vyour Lord and King. m/0 God of saints, to Ihee we cry ;/\ O Saviour, plead for us on high ;V O Holy Ghost, our Guide and l"riend,V p Grant us Thy grace till life shall end ;V CT. That with all saints our rest may be V / In that bright Paradise V with Tliee. 35 39 tbrouQl) m Rlgbt of Doubt and Sorrou)* m ^-^-JJ -^— ^- I f 2i: j=r ?2=1|5 ^^^ "P? r^ r -P' |S^ f=^ I I I ^=S -<s^ ^ :c± 3^ 2i: I I tc± ^ =F=F =?2=?2: -f^- :r^ r^ j-f^szz^ 772p Through the night of doubt and sorrowV Onward goes the pilgrim band,V Singing songs of expectation, V Marching to the promised land. mf Clear before us through the darknessV Gleams add burns the guiding light ;V Brother clasps the hand of brother,V Stepping fearless through the night. mf Onward, therefore, pilgrim brothers,V Onward, with the Cross our aid ; V Bear its shame V and fight its battle,\/ p Till we meet beneath its shade. cr. Soon shall come the great awakening,/\ Soon the rending of the tomb ; V / Then the seatteting of all shadows,y And the end o[ toil and gloom. S") 40 ^ gi- Sina, Sing, pe ^ngel Bands* i f— r (•-i-- -J-— ^- rtr=*=^ iir^ i Traditional. , / H- S= ^ • -^- J- I I I J . J V ---' -s?- ;:i^zz; fcfe S^ 3 ■■W-^-?;: 1^ :=i: 1 I 1 "P2: 3: I I fli* r I I _i^- / Sing, sing, ye angel bands, V . All beautiful and bright, V For higher .still and liigher,V Through lields of starry light, V Your Virgin Queen ascends V Like the sweet moon at night. mf A fairer flower than she V On earth has never been ; V And, save the throne of Glod,V Your heavens have never seen V A wonder half no bright crcs. As your ascending Queen. / 0 happy An^'cls ! look, V How beautiful she is ! \J See ! Jesus bears her up, V Her hand is locked in His ; V Oh, who can tell the height cres. Of that fair mother's bliss ! 37 41 l>all, eiorlous Saint Patrick. Traditional. ■tettE: F-CU-i — \ — l:^-*-^-l^_| 1 — -I — --I — h- J. j..;_j_ ^ni^ I I I J- ipzi^: 5^t ^5 JzTzJ: i ^ J I I I I I ^- :£ :£Ft e ' 'i ' \ 1 J :3i^=l^Si5 ^=3: I I i — r ?2 J^^r^ii--^ 1^—m / Hail, glorious Saint Patrick, V dear Saint of our isle ! V On us, thy poor children, V bestow a sweet smile ; V And now thou art high in the mansions above, cres. On Erin's green valleys V look down in thy love. / Hail, glorious Saint Patrick ! Y thy words were once strong V Against Satan's wiles and an infidel throng ; V Not less is thy might, Vwhere in heaven thou art; V Oh, come to our aid, V in our battle take part. p Thy people, now exiles on many a shore, V Shall love and revere thee till time be no more ; V And the fire thou hast kindled shall ever burn bright, V cres. Its heat undiminished, V undying its lights. / Ever bless and defend the sweet land of our birth, V Where the shamrock still blooms V as when thou wert on earth, V And our hearts shall yet burn V wheresoever we roam, V ff For God and Saint Patrick V and our native home. 38 42 God of IRercp and Compassion. Traditional. -j^^ ^ 1_^ — I ^ f^ -^S- 2_ S^ F=^g^£^f^gEg; s ?^ li^ii t^d^^j^d=^=d^g=^^ tr ^=^ ^g-^-^-^-^- -g_^^^-^ z^^znz^^zzwtzz^ ^t^ ^^C:=fc :tJ^ J=^ -^-^ ^^ J J- 5 k I K^;^ p God of mercy and compassion, V Look w ith pity upon me ; V Father, let me call Thee " Father," V 'Tis Thy child returns to Thee. Chorus. / Jesus, Lord, V 1 ask for mere}', V Let me not implore in vain ; \] All my sins I now detest them ; V Never will I sin again. p By my sins I have deserved Death and endless misery : V cr. Hell, with all its pains and torments, V And for all eteinity. V .ff Je.sus, Lord, etc. p By my sins I have abandoned V Right and claim to heaven above, V / Where the saints rejoice for ever In a boundless sta of love. V ff Jesus, Lord, etc. p See my Paviour, V bleeding, dying, V On the cross of Calvary ; V To that cross my sins have nailed Him, 7 \^t He bleeds and dies for me. V ff Jesus, Lord, etc. 43 novo Cbank We M Our God. ^'*^' .ill / 1 .A :- n -^1 / 1 — - r-g-T— 1 — 1 .J. .^ _^_ .^ .^ i;'^ — i 1 N^l >^ *^i^ ^l - 1 f^-! — (^ — L j 1 J t -<&-- 1 1 '-^ 1 — -.J ili-E=l -:2:^^j(5 I I 1 P ^ .1 j^ -^- ^. -C=^. -P="^ ci:3^=: I 1- :^: 3^ fS^ ^^^ u ^ '1=='- ^ ^^^^ -. g :^izs2: j_^,_ / Now thank we all our God, V With hearts and hands and voices, V Who wondrous tilings hath done, V In whom the world rejoices ; V Who, from our niotlier's arms, V Hath b'essed us on our way ^ With countless j^ifts of love,V And still is ours to-daj'. Oh ! maj- this bounteous GodV Through all our life be near us,V With ever joyful hearts V And blessed peace to cheer us ; V p , And keep us in His grace, V And guide us when perplexed, V And free us Jrom all ills V In this world and the next. All praise and thanks to Tiod 1'he Father now be given, V Tlie Son, and Him who reigns V With theiu in highest heaven, V t The One Eternal (;od,V Whom eartli and heaven adore ; V ^ For tlius it was, is now,V shall be evern.ore. 44. bail. Sacred Feast P]d. Miller, Mus. Doc. S=i :g=± ^a^- ia->-> -2=t ^_^_i^ oi :?2: :^2z:^ :S: -iS'- ■^E::: -)— r -fS"- = :^=:.22: -^^-.^ -£?- g; :.i^?i 221 F?2= 1?=^ -?==^ ^feS; •~2z :^ 22: :c27 =g=t^ -fS^- :s^: '^' :?2=P — I — -s*- i^ _^_ :^ g^ _£i2_ -^ 1 B= ^^ *; -Az ^- s>- w ~fzy SE: '<^' _i^. 22: ^rT" m p-=^s- -t3- :^= ^P-J 7^- :^ :?2= s± -^_ =^ S^ m/ Hail, sacred Feast ! V which Jesus makes Rich banquet of His Flesh and Blood ; V Tlirice happy he V who here partakes / That sacred stream j.V_ that heavenly Food, mpO let Thine Altar honoured be, V And furnished well with joyful guests ; V And may each soul salvation see V p That here its sacred pledges tastes. / To Father, .Son, and Holy Ghost, V cr. The God whom heaven and earth adore, V From men and from the angel-host V f Be praise and glory evermore. 41 45 tl)c CI)urcD*$ One Foundation* ^ ^=i=^-- S. S. Wesley, / H- lei: ^=g±g 'J_^^_si: -S?- ^.^tz: _<=^ :^z=p2: 1^ -(S?- _!S_ -.S'- -g- -iS' — ' .J=^_ z^z A 3=^=^: -jS' — fS*- g: .£2_ Z2: ^li^ci iz:^ ::^= :^: ■^ ;z:ic^ =g= ^ :5: _cz I I I I 1 , :22: 1 :^ (^ ^ -.&■- 221 f 2=±t^ "P=^ ^ -S-— - iiJr I 122: -<s- -^S- ici: -•— iS'- F :g=f :22: ?2-"T fti =g -b, H^ S5: -<S>-i- I S A -jr±. gsi r-r-p s-- ? -<s- p- p- y ^^=^^^1 j2_ J J J_J :gl: -^- S^ 221 / .^' V The church's one foundation V Is Jesus Christ our Lord ; V She is his new creation V By water and tlie Word : V From Heaven He came and sought her To be His holy Bride ; V With His own Blood He bought her, V And for her life He died. Elect from every nation, V Yet one o'er all the earth, V Her charter of salvation V One Lord,Vone Faith, Vone Birth, V One Holy Name she blesses, V Partakes one Holy Food. V And to one hope she presses V With every grace endued. r :?2: -^— ^- :^=^ p 'Mid toil and tribulation, V And tumult of her war, V She waits the oonsmnmation V Of peace for evermore ; V er. Till with the vision glorious V Her longing eyes are blest, V / And the great church victorious V Shall be the Church at rest. / Yet she on earth hath union V With God the Three in One.V f And mystic sweet communion V With those whose rest is won : V cr. O happy ones and lioly ! V Lord, give us grace tliat we, V / Like them the meek and lowly, V On high may dwell with Thee. 42 46 3c$u$ is tbc name We treasure. E.H. ^^^ 122: Z€^l :^ -<^— ^ ^ 1^ _C2_ :^=^: -I H -(S^ p Jesus is the Name we treasure, V Name beyond wliat words can tell ! V Name of gladness, \/ Name of pleasure, V Ear and heart delij^hting well ; V Name of sweetness passing n easure, \J leaving us from sin and hell. p 'Tis the Name for adoration, V / Nan;e for songs of vioN-ry ; \J p Name for holy meditatior.V In this vale of misery : Y / Name for joyful veneration V By the citizens on high. / Jesus is the Name exalted V Over every other name ; V In this name whene'er assaulted V We can put our foes to shame : V cr. Strength to them who else had halted,V Kyes to blind and feet to lame. J) Therefore we in love adoring V This most blessed Name revere ; V cr. Holy Jesu, Thee imploring, V So to write it in us here, V That hereafter, V heavenward soaring, V J^ \\'e ma3' sing with angels there. 4;i KEMBLE-WOOD, F.E. M - Vox Angelica. 2136 •K4

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**企业管理研究** **中外合资企业构建和谐劳动关系的探索与实践** 杨洪斌 **(福建炼油化工有限公司，福建泉州 362800)** **\[摘要\] 和谐劳动关系对促进企业和员工的共同成长具有重要作用。中外合资企业在构建和谐劳动关系过程中，面临着国有企业与外资企业、非公有制企业在领导体制、组织形式和经营机制等方面的差异，不同的社会制度、管理方式和价值取向也会使企业与员工之间的关系变得敏感、产生矛盾。和谐劳动关系的建立，必须通过制度建设、组织建设、文化融合等途径和方法，以员工为本，以推进企业稳步发展、企业员工利双赢为日标。** **\[关键词\] 中外合资企业；和谐劳动关系；建设；实践** **随着我国社会主义市场经济的稳步发展，劳动关系越来越成为经济社会生活中最基本、最重要的社会关系。因此，如何构建和谐劳动关系已经成为企业必须认真研究且意义深远的课题。福建炼化林德气体有限责任公司(以下简称福林气体公司)作为一家新兴的中外合资企业，从创立之初就非常重视和谐劳动关系的构建问题并进行了积极的探索与实践。和谐稳定的新型劳动关系，在实现福林气体公司与员工互利双赢、共同发展的日标过程中发挥了很好的作用。** **1 构建和谐劳动关系的难点及意义一** **劳动关系是劳动者和用人单位之间在实现劳动的过程中建立的社会经济关系，这种关系和谐与否，直接影响劳资双方的利益。企业如果不注重构建和谐的劳动关系，只追求利润增长，忽视员工的利益，极易引发劳资之间的各种矛盾，从而影晌企业的发展，最终导致劳资双方受到损失，甚至给社会和谐稳定的局面造成冲击。当前，市场化进程加快，劳动关系呈现复杂化、多样化，影响劳动关系和谐的突出矛盾和问题逐渐增多，劳动关系协调工作面临着许多新情况、新问题和新挑战，企业构建和谐稳定劳动关系的任务更加紧迫、艰。** **构建和谐劳动关系对包括中外合资企业在内的非公有制企业具有特别重要的意义，且企业工会组织承担着重要的责任。由于非公有制企业的领导体制、组织形式和经营机制不同于国有企业，许多企业主因为担心建立工会组织将给资方树立** **“对立面”，使管理员工更加困难，因此都不同程度地限制、阻挠甚至禁止员工依法组织和参加工会，比如，有的企业公开宣称“谁组织、参加工会就辞退谁”。在这种情况下，新建企业，特别是三资企业、私营企业工会组建率低，员工的合法权益难以得到保障，更谈不上构建和谐劳动关系。 “十一五”期间，我国相继出台了多部法律法规，从维护弱势群体利益出发，加大劳动权利保护的立法力度。尤其是2007年以来，我国先后制定并颁布实施了《劳动合同法》、《促进就业法》《劳动争议调解仲裁法》等重要法规。这些法规的出台，共目的是强化对劳动者合法权益的保护，促进企业构建、发展和谐稳定的劳动关系。因此，从法理上讲，每个企业都应白觉遵守国家法律法规，切实维护员工的合法权益。而构建和谐劳动关系、创建和谐企业则是守法维权的具体体现和必由之路。** **2 构建和谐企业面临的压力和挑战** **福林气体公司是由福建炼油化工有限公司与林德(香港)有限公司各以 50：50的股比成立的一家中外合资企业，其员工大部分是随空分资产转让而转移过来的老“福炼人”，少部分新员工则是** **\[收稿日期\]2011-09-19。** **\[作者简介\]** **杨洪斌(1968一)，男，福建连城县人。毕业于华侨人学石油化工专业，中共中央党校经济管理专业在职研究生。** 工 **程师，福建炼油化工有限公司党委副书记、纪委书记、工会主席。电子信箱： zzbu403 @163.com。** **气体合资公司为满足生产和发展需要而招收的技术骨干和操作人员，此外还有合资公司双方股东委派的管理人员。为了推动具有多元文化背景的员工尽快融合，早日形成合资公司的共同价值取向，合力推进福林气体公司各项工作顺利开展，保障各方权益，更好地实现中外股东预期的投资收益，和谐劳动关系的构建与发展尤为重要。同时，作为“大福炼”(对包括改制、分流、合资企业在内的福建炼化企业的称谓)的一名新成员，福林气体公司也应在建设和谐“大福炼”的过程中义不容辞地发挥生力军作用，因此，首要任务是在福林气体公司内部构建起和谐的劳动关系。** **处于起步阶段的福林气体公司，在构建和谐劳动关系的过程中，主要面临两个方面的压力和挑战：** **一是中外合资企业作为不同社会制度、不同管理方式和不同价值取向的交汇点，在经营管理活动中难免会出现两种社会意识、两种管理理念和两种价值观念的相互撞击。劳动者与企业之间的关系变得更加敏感，他们对劳动报酬、劳动保护、劳动保险和劳动教育等方面的立场、认识不同，往往矛盾突出，这种在中外合资企业中普遍存在的现象，也或多或少地出现在福林气体公司。福林气体公司创立后，由于当时与重要客户的某些关键合同谈判还未完成，导致主要生产性资产和部分待转移人员无法正常转移，过渡期被非正常地延长，使员工对企业和个人的前景产生忧虑，思想情绪波动较大，削弱了对公司的信任感与归属感，给安全生产和日常管理带来消极影响，增加了构建和谐劳动关系的难度。** **二是当时公司人员结构不尽合理，增加了制定人事政策和薪酬福利方案的难度。要做到既顾全公司利益、满足管理需要，又保证员工的切身利益，妥善安置转移人员，实现人员和岗位的合理配置，是福林气体公司面临的挑战，公司成立之初，各项规章制度尚未建立健全，岗位职责和工作程序需要逐步明确，各方利益关系有待协调融合，特别是公司发展策略和员工个人利益相关政策、制度的制定，如何从合资公司的实际出发，做到合情、合理、合法，具有现实可操作性和长效性，使劳资双方都乐于接受、自觉遵守，从制度上促进公司内部和谐劳动关系的构建，也是工作的重点和难点。** **3 构建和谐劳动关系的措施及成效** **为了确保合资公司和谐、稳定、科学地发展，** **中方早在合资合作谈判阶段，就依法提出合资公司建立党组织和工会组织等问题。在中方的坚持下，有关设立党组织和工会组织的内容正式写进了《合营合同》及《公司章程》的相关条款，从而确立了党组织和工会组织在合资公司的合法地位，党组织和工会组织可以公开挂牌和开展活动，而且得到经费保障。另外，关于员工培训与发展、工资及薪酬制度、劳动保护和社会保险等劳动人事政策均在合资公司章程的相应条款中予以固化，这些都为构建和谐劳动关系奠定了良好基础。福林气体公司成立以来，始终致力丁构建和发展和谐劳动关系，坚持以人为本，依法经营管理，规范用工行为，努力创建“互利双赢、和谐稳定”的新型劳动关系，以保障公司的健康有序发展。** **在此基础上，福林气体公司针对创立发展的特殊时期所面临的困难，结合工作实际，通过加强几个方面的工作来推进和谐劳动关系的构建。** **3.1 打造高度负责任、高度受尊敬企业** **福林气体公司积极致力于建设高度负责任、高度受尊敬的企业，通过开展合规守法教育、革命传统教育、参与公益慈善活动等，引导员工增强责任意识和道德意识，自觉维护公司形象，积极培育共同的愿景与核心价值观。持续倡导和谐“大福炼”的理念，如组织员工参与“大福炼”团队建设活动、文明月活动、志愿者活动等，主动融入“同建和谐的大福炼，共享大福炼的和谐”氛围中，使“大福炼”大家庭的温馨感深入人心，以关系融洽促队伍稳定，以企业和谐促社区稳定。在生产经营过程中，公司综合考虑股东、客户、企业、员工等各方面要求，协调理顺各种关系，依法规范管理工作，树立诚信经营形象，以高绩效赢得各方的满意。同时，在政策允许和力所能及的情况下，积极改善员工工作和生活的环境，努力满足员工职内发展需求，让员工分享企业发展成果。** **3.2完善组织建设，保障员工权益** **公司自成立以来，注重加强和完善制度建设。参照有关法律法规，在学习、借鉴中外股东方及兄弟单位的管理经验和相关制度的基础上，逐步建立起具有福林气体公司自身特色的内部管理制度，并在实施过程中不断加以修订或完善，得到了员工的认可和认真地执行。党组织、工会组织不断加强自身建设，增强战斗力和凝聚力，在推进公司发展进程中积极发挥作用，例如召开工会会员大会，大力推行集体合同集体协商工作，建立协商会议制度，成立公司内部劳动争议调解委员会并制定相关工作条例，充分体现了民主，畅通了劳资** **沟通渠道，为切实维护员工利益、进一步规范合资企业用工行为、促进劳资关系和谐稳步发展夯实了基础。** **3.3 加强人力资源管理，解除员工后顾之忧** **以《劳动合同法》学习为契机，推进用工依法管理；切实在招聘、试用期间把好选人关，提高用工质量；通过开展培训和企业文化建设，最大限度开发人力资源潜力，建立和谐稳定的劳动关系，促进公司持续健康发展。公司人力资源与行政部制定严密规范的劳动合同，不断优化员工薪酬福利方案和组织架构，以控制定员和人工成本；加强劳动纪律管理，建立考勤及请、销假机制；对已完成的劳动人事管理制度多次进行修订完善，指导各职能部门编写岗位说明书，审核各部门管理制度和操作流程，起草各部门关键绩效考核指标，对各岗位员工开展了多项培训；按规定为员工办理“五险一金”，并根据公司生产经营状况，为员工办理企业年金和补充医疗保险，加强与地方社会保险和住房公积金管理部门的沟通，及时调整相关标准，为员工争取最大的福利保障。公司自成立以来，没有出现过拖欠员工工资、欠缴员工社会保险费的现象。在福利方面，准时按照规定为员工发放住房、交通、通讯、防暑降温和员工劳保等各项费用，实行定期体检制度。** **3.4 强化本质安全意识，创造安全工作环境** **公司始终把安全生产作为企业发展的头等重要大事来抓，严格建立和落实各项安全生产制度，使安全生产工作制度化、规范化、标准化。两年多来，公司以“我们可以做得更好——预防为主、全员参与、安全发展、从我做起”为主题，通过举办安全和工艺知识讲座、开展消防演练及培训、全员安全承诺签名、征集合理化建议、岗位技术练兵、装置隐患排查治理和应急救援演练等系列活动，帮助员工进一步树立“我要安全”的理念，强化员工的“本质安全”意识，全面加强安全管理工作，实现了公司的本质安全。** **3.5 坚持以人为本，重视思想工作** **公司管理层一直注重人性化管理，以了解员工、关心员工、为员工着想、为员工服务为目的，开设了公共邮箱，开展“我献金点子”和“说句心里话”等活动，认真、客观地听取员工的意见和建议。针对公司面临的最大、也是员工最关心的关键合同谈判和签署问题，公司管理层紧跟合同谈判进程，及时发布合同进展情况。在员工出现思想情绪波动时，公司多次组织召开员工座谈会，宣讲公司人事政策，倾听转移员工的意见，及时解疑释** **惑，主动深入到各部门、各岗位，特别是生产装置现场的员工中，了解掌握员工的思想动态，与员工个别谈心、详细了解情况，并通过各种方式和多种渠道及时做了大量引导和疏导工作，保证了公司生产和员工队伍的稳定。** **3.6 注重企业文化建设，营造和谐快乐的软环境** **公司注重和谐企业文化建设，通过组织开展一系列团队活动，如拓展训练、联欢活动和关怀慰问活动等，让员工感受到家一般的温馨和快乐。通过开展“我与福林公司共成长”主题系列活动，强化员工的团队协作精神，培育集体荣誉感，增强企业凝聚力；通过开展各类文体娱乐活动、工间操、英语俱乐部、我爱读书”和赠书、征文活动，以及每季度创办1期文化墙，图文并茂地反映员工工作和生活现状，展示员工的风采，使员工深切感受到公司对自己全方位的关注。公司积极营造快乐工作、终身学习的氛围，让员工在工作中享受快乐，在工作中不断学习进步。丰富多彩、形式多样的企业文化建设活动，进一步拉近了员工与公司的距离，增强了员工的团队精神，使员工深刻感受到企业的关心和温暖，更重要的是增强了企业的凝聚力和向心力，使公司的和谐劳动关系在各项活动中得以健康、顺利地发展。** **_4_ 启示** **经过一段时间的摸索和实践，福林气体公司在构建和谐劳动关系方面积累了一定经验，并深刘地认识到，构建和谐劳动关系是企业一项长期的系统工程，贯穿于公司生产、经营、管理、发展的全过程。同时，也从中获得了有益的启示。** **4.1 完善规章制度，实现劳动用工的规范化管理** **合资企业中，无论是行政、人力资源、安全管理等部门，还是党委、工会组织，目标都是一致的，必须在《劳动合同法》《工会法》等各项国家法律法规的指引下，各司其职，互相协作，共同努力，建立一套适合企业自身需要的规章制度。《劳动合同法》颁布实施后，企业劳动用工管理的重心应放在白身规章制度的制定和完善上，使规章制度与劳动合同、集体合同、法规政策共同构成劳动用工管理的主要依据，同时，要积极运用法律形式规范企业和员工，使企业劳动用工管理走向规范化，保扩广大员工的合法权益。特别是要制定规范、严密的劳动合同，在劳动合同的签订、试用期管理和劳动合同的变更、解除、终止、续订以及违约金支付等方面做出明确规定，从制度和操作流程等诸** **多方面，规范日常员工管理工作，保障和谐的劳动关系。** **4.2探索党建工作新路子，发挥党组织监督和协调作用** **中外合资企业党组织开展的各项活动要紧紧围绕企业生产经营中心任务，在员工中发挥政治核心作用，带领员工支持和促进企业持续健康发展。党组织要宣传贯彻党的路线、方针、政策，积极关心企业生产经营等重大问题，为企业发展排忧解难；协调员工及企业的内外关系，维护劳资双方的合法权益；领导企业群团组织，支持工会依照法律和章程独立主动地开展工作；加强党组织自身建设，做好党员的教育、监督和管理工作，提高党员的政治素质和业务素质，发挥党员先锋模范作用。在协调劳资矛盾和各方利益冲突中，要充分发挥党组织的协调作用，始终站在全局和稳定的高度，以法律和国家政策为准绳，充分整合各种资源，广泛凝聚各方力量，坚持联系群众制度，对企业热点问题广开言路听取各方意见，以扩大党的群众基础；坚持领导协商制度，争取使矛盾、冲突在协商中得到缓解和解决；加强对工会组织的领导，发挥其联系群众的主纽带作用和维护员工合法权益中的主力军作用。** **4.3 充分发挥工会组织在构建和谐劳动关系的作用** **工会组织在企业构建和谐劳动关系这一关键环节上，要积极参与企业政策的制定，做好源头参与、事先介人的工作，把可能产生的矛盾化解在萌芽状态，并依靠党组织在企业的政治核心作用，促** **进企业和谐劳动关系的构建；要把构建和谐劳动关系的工作常态化，制定构建和谐劳动关系的计划，做到细化和量化，增强可操作性，加强宣传力度，形成企业主动参与、员工广泛参与的局面。工会组织还要注意寻找各方利益的平衡点，协助企业提高资源配置和利用效益，谋求在各项分配中维护企业和职工之间的平衡与公平；发挥工会组织与职工群众密切联系的长处，及时了解员工需求；坚持平等协商，代表职工与企业行政签订《集体合同》，使集体合同成为促进公司科学管理、建立和谐稳定劳动关系等方面应遵守的行为规范和共同准则。** **_4.4_ 坚持以人为本，在构建和谐企业文化中巩固和谐劳动关系** **和谐的劳动关系是以人为本思想的体现，是构建和谐社会的重要保证。企业应坚持以人为本的和谐企业文化，推行人性化管理，形成和谐、宽松、快乐的办公氛围和高效、务实、勤勉的工作风气。在谋求企业发展的同时，拓宽提高员工素质的途径，让员工自身得到充分发展和实现自身价值，从而巩固和谐劳动关系。** **工作实践表明，企业发展越深人，劳动关系越呈多样化。公司在以后的发展过程中，仍然会遇到更为复杂的劳动关系现象，要不断总结经验，坚持以人文本，将依法保障员工的合法权益、调动员工积极性、严格守法、规范用工、立足实际和关爱员工作为夯实和谐劳动关系的基础，保证互利共赢、和谐稳定的新型劳动关系长久、健康地发展。** **Probe and Practice of Construction of Harmonious Labor Relation in Sino - Foreign Joint Venture Enterprise** **Yang Hongbin** **(SINOPEC Fujian Refining and Chemical Co. Ltd.， Quanzhou Fujian 362880 China)** **Abstract Harmonious labor relation is very important to promote common growth of both enterprise and employee. In construction of harmonious labor relation in Sino - foreign joint venture enteiprise， we are facing the difference be-tween state - owned enterprise and foreign capital enterprise and non -public owned enterprise in leading system， or-ganization form and operation mechanism. Different social systems， management modes and value orientation may also make the relation between enterprise and employee more sensitive， which would produce contradiction. The construc-tion of harmonious labor relation must be through approach and method of system construction， organization construc-tion， culture blend， oriented in employee， targeted at promotion stable development of the enterprise and mutual ben-efit and win - win of enterprise and employee.** **\[Key words」 Sino - foreign joint venture enterprise； harmonious labor relation； construction； practice**

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思想政治教育机理研究：缘起、意义与理路 **赵继伟** **(中南民族大学思想政治教育学院，湖北武汉 430074)** **摘要：开展思想政治教育机理研究，是思想政治教育自身的要求，也是思想政治教育研究认知逻辑的必然产物，是思想政治教育基础理论研究的新课题，也是思想政治教育实践的基本依据。** **关键词：思想政治教育；思想政治教育机理；思想政治教育基础理论** **中图分类号：D422.62 文献标志码：A 文章编号：1008-2921(2010)02-0088-03** **自思想政治教育科学化和现代化以来，思想政治教育以其特有的底蕴，口益成为一个政党、一个国家执政兴国、资政育人的有力武器，也成为一个群体、一个组织提升成员素质、开发成员潜能的有效手段。人们对思想政治教育的神奇魅力日益表现出极大的兴趣，思想政治教育学界也以饱满的热情和拓荒的精神对思想政治教育展开不同层面、不同领域的研究、随着思想政治教育研究的深入，思想政治教育机理作为一个重要的基础理论问题，日益引起学界的关注。** **思想政治教育机理，是指融物理、人理、事理为一体的思想政治教育系统内部的活动原理。它既涉及思想政治教育这一社会物白身的发生、运行和发展之理，也涉及思想政治教育如何作用于人、使人接受的做人之理、做事之理。也就是说，思想政治教育机理内在地包含着思想政治教育发生机理、运行机理、作用机理、接受机理和发展机理。思想政治教育机理作为思想政治教育基础理论研究的内容，既是思想政治教育基础理论研究的新课题，也是指导和解析思想政治教育实践活动的基本要求，还是思想政治教育学界的理论自觉。** **从总体上审视思想政治教育，一般可以从两个层面展开：一是作为社会实践活动的思想政治** **教育；二是作为科学研究和教育训练的思想政治教育。就社会实践活动层面而言，它作为一种社会客观存在，是一项古老的社会实践活动，贯穿于以往人类社会的全部历史，不管所在社会形态或阶段是否冠之以思想政治教育的称谓，它总是客观地存在的，在社会和人类文明进程中发挥着重要而独特的作用。因此，古今中外，各个社会的统治阶级和统治集团都或显性或隐性，把思想政治教育置于一个十分重要的地位。就科学研究和教育训练的层面而言，它经历的时间则相对较短，还是一个年轻的领域。不过若从古往今来一些历史人物对思想政治教育的相关思想来看，思想政治教育的思想或理论则又是源远流长的，从这个角度来说，思想政治教育作为一门供学界进行科学研究和相关部门进行教育训练的科学，是经历了一个较长的孕育和发展过程的。** **由于思想政治教育从总体上可以划分为作为社会实践活动的思想政治教育和作为独立从事科学研究和教育训练的思想政治教育，学界对其研究也是从这两个层面展开的。一方面，以人类思想政治教育实践活动为历史起点，深入梳理、归纳、总结中外思想政治教育实践活动的经验。 _一_ 是批判借鉴西方国家思想政治教育的实践活动，二是择取吸收中国古代思想政治教育实践活动，** **收稿日期：2009-12-25** **基金项目：2009年湖北省教育厅人文社会科学研究指导性项目“思想政治教育机理研究"(2009b155)** **作者简介：赵继伟(1973-)，男，河南南阳人，中南民族大学思想政治教育学院副教授，博士，硕七生导师，主要从事思想政治教育理论与方法研究.** **三是继承发展中国共产党思想政治教育的历史经验和光荣传统，四是对上述思想政治教育实践活动进行比较研究。另一方面，以思想政治教育科学研究和教育训练为逻辑起点，以现实的思想政治教育实践为基础，对思想政治教育学开展基础理论研究和应用研究。在新的历史时期，随着思想政治教育现实实践、科学研究和教育训练建设的发展，学界以党的最新理论成果为指导，对思想政治教育的研究视域愈益拓展，整个思想政治教育学研究领域出现了“百花齐放、百家争鸣”的繁荣景象。** **但是，由于提出“思想政治工作要成为一门科学”的时间不长，加之思想政治教育学自身的复杂性，思想政治教育学研究还存在着一些亟待解决的矛盾：一是思想政治教育学与“思想”之间的矛盾，二是思想政治教育学与相关学科的矛盾，三是思想政治教育学与思想政治教育一般之间的矛盾，四是思想政治教育学与科学理论规定之间的矛盾。2在这些现存的矛盾中，思想政治教育学与思想政治教育一般之间的矛盾尤其值得注意。有人认为，思想政治教育只有社会主义社会才有，其他社会形态是不存在思想政治教育的。由于这种认识的存在，就从一定程度上制约了思想政治教育科学研究的时空，使现有的思想政治教育学缺芝人类社会思想政治教育一般性的高度，对于思想政治教育这一普遍性的人类社会实践活动的共性研究不够。所以，思想政治教育学应以思想政治教育实践活动的产生、形成、发展的本质及规律为重要研究内容，因为每一门学科的形成都离不开一定的理论基础和实践基础，都反映一定的社会本质，有着自己的历史演变过程。只有全面研究思想政治教育实践活动的产生和形成发展过程，才能深刻揭示出思想政治教育的社会本质及其规律性。** **要研究人类思想政治教育发生、形成、运行和发展的过程，可以从不同的视角来进行。一是可以研究整个人类社会从古至今思想政治教育的历史过程的一切方面，包括思想政治教育的发生、运行、作用、接受和发展的全过程；二是可以研究人类思想政治教育历史过程的某个方面，例如思想政治教育历史过程的规律、机理、机制等等；三是可以研究思想政治教育发生、运行、作用、接受和发展某个单一的阶段的各个方面，例如思想政治教育发生论、思想政治教育运行论、思想政治教育作用论、思想政治教育接受论、思想政治教育发展** **论等等；四是可以研究某个单一阶段的某个方面，例如，就思想政治教育发生来说，我们可以研究思想政治教育发生的历史、发生的根源、发生的机理、发生的规律、发生的机制等等。对思想政治教育机理进行研究，就是属于上述研究视角的第二个层面，即对思想政治教育历史过程的某个方面―—思想政治教育机理的研究。思想政治教育作为一项普遍的人类社会实践活动，有着自身的逻辑展开过程。本研究的任务并不是思想政治教育逻辑展开过程的一切方面，而是仅对其逻辑展开过程中各个方面和阶段的机理展开研究，也就是说机理是本研究的逻辑起点。通过该研究，我们可以比较清楚地了解思想政治教育所蕴含的物理、事理和人理，可以构建比较全面的思想政治教育机理体系，从而为思想政治教育提供切实的理论指导。** 二 **有一种观点认为，思想政治教育属于应用性的科学，对于现实问题的有效解决，是思想政治教育这门应用性科学存在的价值所在。因此，思想政治教育科学研究更应该关注现实问题，应该更多地关注思想政治教育的技巧。这是有一定道理的，但是这种观点却有值得商榷之处。诚然，思想政治教育要立足于解决现实问题和困惑，但是，对于初创阶段的科学，如果不关注基础理论研究，而一味地从功利的立场出发，就会使该科学的基础理论薄弱、根基不稳，对于该科学的可持续发展是很危险的。因此，我们既要关注现实问题，更要关注思想政治教育的基础理论问题，尤其是那些对于实然的思想政治教育实践具有重要价值的基础理论问题。** **从学界对思想政治教育机理和机制的认识逻辑和认识的现实来看，学界先认识到思想政治教育机制的重要性，率先对思想政治教育机制展开系统研究，随着研究的深人，发现思想政治教育机制后面，还隐藏着更深层次的东西即思想政治教育机理。由于思想政治教育机理较之思想政治教育机制来说研究的难度更大，目前学界对其研究很少。可以说，对思想政治教育机理的研究，是一个崭新的理论课题，还处于起步阶段，存在着巨大的理论空间。进行思想政治教育机理研究，绝不是过分执著于基础理论而不关注现实问题，恰恰相反，研究思想政治教育机理正是从思想政治教育实践的需求出发的。思想政治教育机理是思想政治教育实践的导向标和指示器，是思想政治教** **育实践的基本依据。** **从纯粹的意义上来说，要有效开展思想政治教育，就必须了解思想政治教育机理。而在实然的思想政治教育实践中，思想政治教育者大都没有主动从思想政治教育机理出发，按照思想政治教育机理去开展思想政治教育，而是在某种程度上靠某种“契合”，即思想政治教育实践碰巧符合思想政治教育机理的要求，符合思想政治教育的内在活动原理。我们说，要做好思想政治教育，具有一定的思想政治教育经验是必要的，但这并不等于说只要有了思想政治教育经验，就一定能够做好思想政治教育，因为经验并不总是可靠的。思想政治教育是一个复杂的系统工程，自身总是在动态发展的，要真正做好思想政治教育，更为可靠的是在具有丰富的思想政治教育经验的基础上，深入了解和掌握思想政治教育机理，在思想政治教育机理的指导下，从本真的思想政治教育出发，创立、丰富和完善思想政治教育机制，实现思想政治教育的科学化。** **三** **鉴于已然的思想政治教育机理研究比较零散、有待深入的事实，我们必须对思想政治教育机理进行一番较为系统的梳理，遵循从一般到特殊，从实践到理论，从理论到应用，从宏观到微观的理路，以期从不同的角度、不同的侧面、不同的视野对思想政治教育机理展开系统、深入、全面的说明和理论阐释。就对思想政治教育机理概念的揭示来看，我们力图抓住思想政治教育机理的核心概念——机理，从现实生活中机理概念的产生和发展的逻辑中把握机理的概念，从机理概念的原始构成中揭示机理的内涵，从机理与它事物的联系中把握机理的外延，从而从本真上抓住机理的科学含义，接着又从机理一般的概念出发，把握思想** **政治教育机理的科学含义。实际上，从机理一般到思想政治教育机理的思路，就是从一般到特殊的理路。** **由于思想政治教育在整体上可分为社会职业层面的思想政治教育和个体层面的思想政治教育，我们研究思想政治教育机理也可以从这两个层面展开。由于社会思想政治教育相对于个体思想政治教育而言，处于更加重要的位置，关系到思想政治教育的全局，理清了社会思想政治教育机理，更加有利于研究主题的进一步展开，基于此，我们应该选择从社会思想政治教育机理到个体思想政治教育机理的理路。** **揭示理论的目的在于应用，思想政治教育机理的揭示也是这样。揭示出思想政治教育机理之后，就要应用思想政治教育机理去解决思想政治教育实践和研究中的问题。由于思想政治教育机理和思想政治教育机制、思想政治教育原理、思想政治教育规律联系十分紧密，在现实生活中人们常常将这三者混淆，我们就必须在搞清思想政治教育机理的基础上，着力去解决影响人们认识的一些实际问题。这些问题包括：如何厘定思想政治教育机理与思想政治教育机制、思想政治教育原理、思想政治教育规律的概念，如何优化、构建思想政治教育机制，如何深化对于思想政治教育原理的认识，如何揭示思想政治教育的规律，等等。这就形成了从思想政治教育机理的揭示到思想政治教育机理的应用的理路。** **参考文献：** \[1\] **赵继伟.论思想政治教育机理的含义\[J\].思想教育研究，2009(2).** **余仰涛.思想政治工作学研究方法论\[M\].武汉：武汉大学出版社，2006：6-19.** **Research on Education Mechanism of Ideological Politics： Origin， Significance and Line** **ZHAO Ji-wei** **_(Ideological and Political Education College of South-Central College for Nationalities， Hubei 430074， China)_** **Abstract： A research on education mechanism of ideological politics is the requirement of education of ideological politics， the necessary result of its epistemic logic， new subject of its theoretie research and evidence for its practice. Key words： education of ideological politics； education mechanism of ideological politics； basic theory on education of ideological politics** **责任编辑：孟** **筱**

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**动漫在国学校本课程建构中的渗透** 王晓栋摘要】学校是大多数儿童了解和学习国学的重要场所。真正把国学经典作为一门学科来建设，从而树立文化自信，这是我们进行国学教育必须解决好的重大问题。国学教育体系中植入动漫课程便是重要的路径，以动漫为抓手，科学建构系统化的校本课程，搭建主题式课程活动框架，丰富校本国学文献资源体系，对促进国学的发展具有重要意义。【关键词】情境教育；儿童国学；校本课程；动漫课程 **【中图分类号】G423.07 【文献标志码】B 【文章编号】1005-6009(2021)27-0062-02** 【作者简介】王晓栋，江苏省如皋市教师发展中心(江苏如皋，226500)研训员，高级教师。国学是中华民族传统文化的精粹积淀，国学教育的目的之一，是让学生由国学的受体变为自觉的主体。加强国学校本课程体系的构建和实施，重在以“儿童立场”建设经典教育“活”的载体。融人学生喜闻乐见的动漫元素，鲜艳的色彩、流畅的造型，极具感染力的音乐、动画，借助这些动漫的形式，创设教育情境，开展以美为突破口、以情为纽带、以思为核心的学习活动，实现儿童认知与情感的协调发展。 **一、以动漫为抓手，建构系统化的校本课程** 国学内容博大精深，不可能让儿童对所有的国学知识都进行学习，教学中必须对国学内容进行精心筛选。所以，建构科学、系统化的校本课程就显得尤其重要。笔者认为，儿童国学教育的落脚点主要有以下几个方面：中华传统文化常识、为人处世的品格、传统文化启蒙与语感启蒙。在这些内容中，应选取适合当代儿童的语言优美、蕴意深刻而且能体现民族精神的经典篇目。这些内容用什么方式呈现呢?如果国学传授内容仅以文字形式传授，是很难被学生接受的。对于现代的学生来说，身边的世界日新月异，我们需要一个抓手，在现代学生与传统国学之间架起联通的桥梁。动漫形象夸张，特点鲜明，是中小学生比较喜欢的元素。于是，笔者便尝试把一些学生喜欢的动漫中的国学元素挖掘出来，根据题材进行组合，采用“单元模块”的结构，每个单元提炼主题，在遵循科学性、系统性原则下，以单元主题形式形成知识框架。同时，遵循儿童的认知规律，摸准儿童的兴趣点，以趣味性、可读性为抓手，借助欣赏经典的动画片《大闹天宫》《功夫熊猫》等，再以说故事、讨论、游戏、竞赛、表演等生动有趣的方式来呈现国学知识，创设国学情境，打造儿童想象空间，从而引导儿童自发主动地进人到国学知识的学习中。二、以动漫为媒介，拓宽国学教学之路以动漫教学为基本媒介，把动漫的元素融人进去，通过多样的活动方式，将国学精华融人其中，能够很好地激发学生学习的兴趣，让学生在潜移默化中感受国学的魅力。如“国学人物动漫秀”经典国学故事动画版口袋书”国学与动漫设计大赛”等活动，切实增强国学教育的吸引力和感染力。要让学生系统接触国学，要做到“三定”：一是定内容，校内国学馆根据儿童的身心特点，制定课程计划，按照循序渐进的学习原则，将国学经典内容用动漫的表现手法进行立体的全方位的布置，如采用低、中、高三层学段制，以适应不同层次的儿童。低学段以传统蒙学为主要学习内容(以最简单的线性绘本动漫形象设计呈现内容)；中学段可系统选学《论语X大学》，用“我设计的动漫形象”制作富有趣味的水彩绘本故事书等；高学段可重点选学《老子》《史记》，以剪纸为主的纸艺动漫来呈现。二二是定时间，校内国学馆建设一个重要的方面就是制度建设，要以制度的形式，明确国学学习的具体时间，如每天经典诵读时间、每周国学课时间安排、每学期的国学节时间安排等。三是定要求，校内国学馆要对学生学习国学做一些具体层面的规范，如要求学生诵读经典时必须做到“心、眼、口”三到，并能熟练掌握表现国学经典内容的动漫表现技法等。 **三、以动漫为元素，搭建主题式课程活动框架** 1.动漫走进“经典诵读”。学校可以用夸张有趣的动漫形象设计国学绘本，拉近学生和读本的距离或用动态的影音指导学生读背，再设计一些过关活动，如接龙背诵、看图猜文等，把读背变为游戏，让原本枯燥的诵读变得生动有趣。同时，学校还可以年级为单位定期举行“勇闯国学关”名句挑战诵读”等形式多样的活动，设计独特的动漫形象的徽标或布偶，作为国学标志，奖励在活动中表现突出的学生。 2.动漫走进“传统节日”。传统节日是中华文明世代相传的重要载体，客观上承载着传统文化中的价值观，每一个节日都有其历史渊源和独特内涵，也蕴含着丰富的教育意义。校内国学馆可利用传统节日开展“传统节日我来画”画画身边的国学经典”等活动，向全校师生普及国学知识。针对儿童的年龄特点，可重点在传统节日的趣味性上下功夫，用拟人化的手法设计动漫形象，如春节画烟花、元宵画花灯、清明画风筝等。 3.动漫走进“传统艺术”。校内可以开设国学动漫艺术主题课程，让儿童以国学经典内容进行动漫作品创作。如一节陶泥课，教者把中国的传统泥塑作品和现代动漫形象进行比较，引导学生观察，发现大阿福的神态惟妙惟肖，憨态可掬，带给人情感上的愉悦，而现代动漫的形象更注重人体比例上的协调。最后，教者再让学生把现代动漫的特点融人大阿福等传统形象中，试着自己创作一件泥塑人像，学生既深入了解了传统文化的精髓，又把现代元素添加进去，创作出属于自己的动漫作品。圆

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把握好世界金融危机给我国提供的发展机遇 **晏振乐** **中共西安市委党校陕西西安 710054)** **由美国次贷危机引发的全球性金融危机已持续了一段时间各个国家都受到不同程度的影响而且其影响面广涉及金融经济乃至国家安全世界政治格局对这场危机的未来发展目前还难以确定会持续到何时，影响的广度和深度如何，见仁见智但仅就目前而言已相当严重众多国家经济下滑不少国家出现衰退个别国家甚至发生危机尽管各国都根据自己的国情采取了相应的措施有些国家还采取了联合行动但前景还不明朗对于这场出人预料数年未见影响深刻而广泛的金融危机其危害是显而易见的然而在无法改变既成事实的情况下我们要看到事情的两面性金融危机一方面给我们带来困难影响了我们的发展另一方面也给我们的发展提供了新的机会只要我们认真总结经验吸取教训抓住这些机会就能化消极为积极获得新的发展** **一、金融危机凸现坚持走中国特色社会主义道路的优越性使我们对未来充满信心** **改革开放以来我们根据自己的国情吸取别国的成功经验走出了一条中国特色的社会主义发展道路从目前来看是很成功的特别是与引发金融危机的西方发展模式相比已显示出其优越性苏联解体东欧剧变后以美国为首的西方发达国家得意忘形加快了全球化的步伐企图把整个世界纳入自己的统治之下他们向中国及众多国家施加的一个压力就是要各国照搬西方的经济政治模式自认为这是最佳模式然而物极必反由于他们的过分自信只看到别人的问题没有看到自身存在的问题结果不但使自己陷入目前的困境而且拖累世界众多国家陷入困境金融危机的发生一方面给我们带来很大的困难但另一方面我们还保持着较快的发展速度对世界经济发展有很大的贡献因此不少国家关注中国发展研究中国的成功经验甚至西方发达国家也再三要求中国在世界金融和经济中发挥更大的作用帮助世界经济复苏这使中国的国际影响大大提高那么为什么西方国家出现了** **宜：日斗是儿mma10+土黄六品+品乎品本本针LL讯升小** **展模式我们就不滩发现我们发展的成功经验这些经验对我们今后的发展有重要意义是我们的宝贵财富这些经验主要包括** **1发展市场经济不能放松政府监管** **由次贷危机引发的首先发生在美国并波及世界的这场金融危机与西方国家政府放松监管密不可分上世纪80年代由美国总统里根英国首相撒切尔夫人倡导的新自由主义曾是一种在欧美比较成功的发展模式对美欧推行经济全球化起了巨大作用苏联解体东欧剧变与此密切相关它的核心是自由化市场化私有化.否定公有制否定社会主义否定国家干预.在战略政策方面极力鼓吹推行以超级大国为主导的全球经济政治文化一体化即全球资本主义化本来作为一种经济理论和发展模式有其可取之处但由于西方国家把其作为一种政治武器把其极端化放松政府对金融及各种经济活动的监管使其恶性发展以致造成现在的灾难性后果我国在搞市场经济的过程中一方面让市场配置资源调控经济另一方面加强政府监管严防市场漏洞从而使我国社会经济保持了平稳较快发展这是我们不照搬西方模式走自己道路的成功之处** **，搞建设不能脱离本国国情** **我国是一个发展中国家民众收入不高生活还不富裕扎实发展实体经济增加社会物质财富提高人民生活水平是我国发展的必由之路发达国家由于发展水平较高虚拟经济占较大比重它们减少实体经济活动创新出各种所谓以钱生钱的花样虽然货币收入和帐面收入剧增但社会的物质财富并没有增加多少而且自以为国家民众承受能力强轻视风险这次从次贷危机到金融危机再到经济衰退暴露的就是这方面的问题其实在现代社会实体经济与虚拟经济是相生相伴不可或缺的但是实体经济是基础虚拟经济可以促进实体经济的发展却离不开实体经济过度发展虚拟经济容易产生泡沫表面看货币财富迅速增** **面的控制还是得当的但也有失控之处这次金融危机也给我们提了个醒我们目前实行的重视农业关注民生加强基础设施建设等就是对过去政策的一种修正** **3坚持民族优良传统** **中华民族有一个优良的传统就是勤俭节约量入为出而西方国家自认为国家经济实力强有社会保障因而政府搞赤字财政民众超前消费严重这也是金融危机在西方快速蔓延的一个重要原因在引发金融危机的美国其经济特征就是低积累高消费通过不断扩大的过度的消费来创造需求从而推动生产的发展说信用消费是拉动美国经济的.火车头，那是毫不夸张的贷款消费已成为社会生活中的普遍现象一个数据显示近20年美国的储蓄率一直在下降从1984年的10.08%下降到2007年的负1.7%也就是说美国人挣100元而消费却超过100元这从一个侧面反映了美国过度消费的现象也正是这种过度消费为金融危机的爆发埋下了隐患受西方消费观念影响在过去的一段时间里有人甚至对中国人的节俭传统提出质疑事实证明是错误的中国人节俭既与我国社会保障制度不健全经济落后民众收入低社会和个人抗风险能力弱民众不得不作长期打算有关同时节俭是中华民族数千年的优良传统不是一朝一夕就能改变的正因为如此我国近年虽然经济发展较快一部分年轻人有超前消费倾向但大部分人还保持着节俭传统我国的高储蓄率就反映了我国民众的消费状况这次金融危机对我国的影响到目前为止之所以比西方国家小与消费观念不同有很扶关系因此节俭是优良传统是优势对未来发展非常有利我们要继续坚持** **二金融危机是调整发展的有利时机为解决暴露出的问题提供了机会** **金融危机对我国的冲击也暴露出我国发展中存在的一些突出问题这些问题早暴露早发现早解决对我国未来的发展是有好处的这些问题包括** **1经济发展过分依赖出口** **近些年我国发展较快的一个重要原因就是出口的快速增加我国外汇储备的大量增加资源能源的大量消耗就反映了出口状况但由于在我国出口中中低档产品多资源性产品多因而一方面加剧了资源供需矛盾另一方面加剧了与贸易国的摩擦特别是在目前金融危机的背景下我国的主要出口对象国美国欧口日** **到了严重困难去年以来出口的大幅回落就反映了出口面临的严峻形势同时由于金融危机经济衰退各国发展都遇到各种各样的困难出于保护自己利益的需要各国贸易保护主义抬头出口难度增加出口的大幅下降给我国的经济造成了很大的困难而推动经济发展的动力主要是投资消费出口从我国的情况看和别国相比消费对经济的拉动明显偏低而消费的空间又比较大因此通过扩大内需来保持经济的持续快速发展是必然选择** **，能源资源消耗过快** **我国近些年发展较快的原因之一是各种资源的大量投入我国出口的很多产品是初级产品成本高技术含量低缺少知识产权利润小再加上资源利用率低因而能源资源的消耗非常大尽管我国GDP目前排名世界第三但能源资源的消耗已是世界第一近年能源资源价格的大幅上涨就反映了我国的能源资源需求而我国虽也是能源资源大国但由于人口多人均资源是很少的社会经济发展所必需的一些重要资源如土地水石油有色金属等能源资源是严重短缺为了满足需求近年我国不得不大量进口能源资源压力很大国际社会也有非议而目前的金融危机使我国经济发展速度放缓这正是调整产业结构升级产品提高能源资源利用率的大好时机** 3.环境恶化严重 **我国在近年社会经济快速发展的同时也带来了严重的环境问题由于科学技术水平的制约由于环境保护意识的淡漠由于片面追求经济效益自然环境迅速恶化废气废水废渣随处可见掠夺式利用水矿产资源使社会生产生活环境严重恶化这样的发展是难以持续的后果是极为严重的环境的恶化不但危害我们自己而且危害邻国危害世界如果任其发展我们将难以在世界立足而在目前经济困难的情况下企业可以通过技术革新提高质量生产少而精的产品，国家可以通过政府投资治理环境这样既能解决环境问题还可拉动内需为今后的健康发展打下基础** **4贫富差距过大** **我国近年发展产生的社会问题比较多如贫富差距地区差距城乡差距行业差距等其核心是贫富差距而且这种差距之大在世界众多国家中都是少有的在目前金融危机的背景下贫富差距的影响是很大的一部分人收入减少生活困难必然产生严重的社** **府民众才更能看清解决贫富差距问题的极端重要性社会更易接受一些改善民生缩小贫富差距的改革措施所以这是解决贫富差距问题的好机会** **，社会保障薄弱** **在经济快速发展时社会保障问题并不突出现在经济发展放缓民众收入减少音部分民众甚至生活困难社会保障才显现出其重要性由于我国社会保障严重滞后目前的经济困难给一部分民众的生活已造成很大影响包括像农民工大学毕业生城市低收入阶层等没有工作没有收入来源生活没有保障这就是严重的社会不安定因素而且随时可能爆发而目前国家有较强的财政实力社会保障存在的问题暴露得又很明显社会保障的措施容易被社会各方接受是是改革完善社会保障体系的大好时机** **三金融危机为中国发展上新台阶提供了机遇** **纵观各国的发展历史可以看到任何国家的发展都不是直线上升都有曲折有的甚至遇到很大的困难因此我国现在面临的问题是发展中的问题是正常的只要我们能扬长避短发挥自己的优势解决好存在的问题我们就能上新台阶在新的起点上获得更大发展** **1调整发展思路国内经济建设再上新台阶** **前几年经济的过快发展给我国造成很大压力被迫采取多种措施降温以保持经济的持续稳定发展同时保持经济发展与其它社会发展的协调性但当时效果并不理想现在由于金融危机发展速度已经降了下来这为解决快速发展积累的问题提供了机会从我国经济发展的总体情况来看仍然属于粗放型，第一资源能源消耗量过大利用率低按目前我国的资源能源状况是难以支撑的必须提高资源能源的利用率同时调整结构发展新兴产业，第二环境问题严重我们为发展付出的沉重代价就是环境的恶化照此下去别说发展生产就是我们的生活质量都难以保证我们决不能走先污染后治理的老路只有保护好环境我们的发展才有持续性才能实现我们的发展目的，第三产品质量问题突出我们现在的生产数量确实相当大但和先进国家相比我们的产品技术含量低质量不高近年发生的一系列产品质量事故就暴露了我们的差距长此以往我们在这个竞争激烈的世界上是难以立足的因此必须利用目前的市场条件淘汰落后产能提高产品质量.第四亟需提高创新能力我们现在生产计口1ilrA女嘴品新** **很多付出的劳动力很多付出的代价很大但获得的收益却很少这种情况如果不改变我们将只能受人剥削替别人赚钱这些问题归结起来实质就是一个发展质量问题只有我们在这些最基础最重要的方面有了大的改变我们的发展才能上一个新台阶而现在正是提高发展质量上新台阶的有利时机** **，世界格局在改变是我国积极参与国际事务的好机会** **近些年随着我国经济的快速发展我国在世界经济中的比重迅速增加而金融危机的发生使美欧等发达国家经济出现衰退：其在国际社会的影响力也随之下降应该说金融危机正在改变世界的政治格局从历史上来看每次国际社会的动荡国际社会秩序都会发生较大的改变而目前发生的世界性金融危机一方面对我国有不利影响另一方面也为我国发挥更大的国际作用提供了机会主要是第一我国在国际社会的话语权增强了在国际社会的话语权往往是由其国家实力决定的近代以来西方国家从来没有像现在这样意识到中国不仅在国际政治舞台上而且在国际经济舞台上具有如此重要的地位在稳定国际金融局势推动刺激经济计划实施稳定国际货币体系等方面西方国家都希望中国参与西方的态度和要求对我国来说是一次提高对国际金融及经济规则的知情权参与权话语权营造有利于金融稳步开放外部环境的良好机会也是推进人民币区域化和国际化的时机我国最近提出的应创新一种超越国家主权的储备货币主张就反映了我国希望打破旧的国际金融体系增加我国在国际金融体系中的话语权第二为我国提供了获取国家利益的机会由金融危机引发的国际经济不平衡实际上是国际利益格局的一次大调整由于我国处于相对有利地位我国的财政金融体系稳健有巨额外汇储备工业化城镇化的进程正在继续劳动力成本优势依然存在所以我国完全可以利用这次调整争取尽可能大的利益例如可以利用国际初级产品价格走低的机会建立资源能源战略储备扩大对海外资源的利用.可以利用世界范围的就业不景气加快建立人才技术的战略储备可以利用境外资产价格下跌的机会开展海外并购.等等** **总之目前的金融危机对我们来讲有很多的发展提高机会只要我们把握好这些机会我们就能取得更大的成就**

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**National Conter for Philosophy and Sociat Sclences Documentation** **SPORT SCIENCE AND TECHNOLOGY Vol. 43，NO.5.2022** **DOI：10.14038/j.cnki.tykj.2022.05.012** **乡村振兴视域下乡村体育教师本土化发展的主体冲突及化解策略** **王玉意张铁雄胡慧娴** **(湖南科技大学体育学院，湖南湘潭411100)** The Main Conflict and Resolving Strategy of Rural PE Teachers' localization Development From the Perspective of Rural Revitalization Wang Yuyi， etal. (Hunan University of Science and Technology ，Xiang Tan 411100， Hunan， China) **摘要：乡村体育教师本土化发展，是增强乡村体育教师队伍稳定性、促进乡村教育事业发展及乡村振兴的必由之路。在乡村振兴视域下，落实乡村体育教师本土化发展具有夯实乡村教育基础、优化乡村人力资本、传承乡村文化、推动全民健身.加快体育强国建设等价值意蕴。当前我国乡村体育教师本土化发展已经取得了明显成效，但仍存在乡村体育教师身份价值偏离、数量不足、乡土情结淡薄等问题。当前，政府相关部门应加强政策倾斜，提升乡村体育教师工作条件，通过实施定向培养丰富乡村体育教师资源，通过实现文化认同增强乡村体育教师的乡村情感等，切实推进乡村教育发展，为推动乡村振兴战略和全民健身计划的全面实施提供有力支撑。** **关键词：体育教师；本土化发展；主体冲突；身份认同** **乡村教育是乡村振兴的基石，而乡村教育的发展离不开本土化的乡村教师队伍建设。乡村体育教师肩负着教书育人、乡村振兴、体育强国的重负，其本十化发展影响着乡村教育的发展。2018年中共中央、国务院印发的《乡村振兴战略规划(2018-2022年)》为乡村发展提供了理论指导，其目的就是实现乡村振兴。2021年中共中央办公厅、国务院办公厅印发的《关于加快推进乡村人才振兴的意** **见》指出，加强乡村教师队伍建设，精准培养本土化优秀教师。优化乡村体育教师队伍，促进乡村体育教师本土化的良性发展，是振兴乡村教育至关重要的一占，要采取有的举措让乡村休育教师“下得去、留得住、教得好”，促进乡村教师队伍的建设。基于乡村振兴视角，本研究对乡村教师本土化发展的价值意蕴、主体冲突及化解策略进行探讨，以期为乡村体育教师队伍建设提供参考。** **1乡村体育教师本土化发展的价值意蕴** **乡村体育教师是乡村教育队伍的中坚力量，也** **是乡村教师队伍建设中最薄弱的一环。在乡村振兴背景下，培养乡村体育教师本土化情节，有利于乡** **基金项目：1.湖南省教育科学“十四五”规划2021 年度立项课题 (XJK21BTW004)；2.2021年湖南省研究生科研创新项目(CX20211026 )； 3.2020年湖南省普通高等学校课程思政建设研究项目(HNKCSZ-2020-0849)。** **作者简介：王玉意(1997一)，硕士生，研究方向：体育教学。** **村体育教师队伍的建设、更有利于乡村的建设与发展，实现乡村振兴。** **1.1夯实乡村教育基础** **乡村体育教师的数量和质量是影响乡村学校体育的发展的重要基础。虽然我国在积极推动城乡教育一体化发展，相继出台了《乡村教师支持计划(2015-2020年)》《关于全面加强和改进新时代学校体育工作的意见》等文件，力争形成“下得去、留得住、教得好”的良好局面，但乡村体育教师仍然存在数量不足、专业水平不足等问题。然而缩小城乡教育差距，不是将城市中的体育教师单一的复制，而是将其培养成附有乡土文化气息的体育教师园。乡村体育教师本土化培养通过将本土化元素融入其培养过程中或直接培养本土人才，这样不仅可以解决乡村体育教师数量不足的问题，还可以解决乡村体育教师“留不住”的问题，从而提高乡村体育教师的留任率，拓宽体育教师来源渠道。乡村体育教师本土化培养的目标是形成一支留任率高、专业水平强、数量充足的乡村体育教师队伍。加强乡村体育教师本土化培养，有助于解决乡村体育教师留任率低、数量不足的现实困境，有利于提高乡村学校体育教学质量，从而夯实乡村教育基础。** **1.2优化乡村人力资本** **乡村体育教师本土化培养对乡村人力资本的优化起到至关重要的作用。第一，符合乡村振兴的时代需求。乡村振兴需要适应现代化生产的新型农民作为中坚力量，广乡村体育教帅是培养新型农垦的主力军。深化乡村体育教师本土化发展，有利于教师在培养过程中更加注重学生的本土情怀的培养，这样既可增加学生的基本素养和体育意识，还可增加乡村人才的稳定性，改变以往农村人“向城性”的趋势3。第二，肩负社会责任和国家使命。乡村体育教师身处农村，他们深知自己与乡村振兴和国家复兴紧密相连。乡村体育教师的职责不仅仅是在课堂上，而是在学校、政府、家庭、社区所组成的乡村共同体中，其将以知识分子的角色参与到教学、社区治理、传播全民健身思想等一系列活动。第三，为乡村振兴造就现代农民。随着农业机械化的不断普及，农民需掌握的农业生产技能已经远远超讨以往，迫伸农民堂握基本的现代化知识和技能，而这需要社区及教师团体在实践中教会他们。除此之外，社会大整体的现代化的发展促使农民使用智能手机等现代化电子产品进行网上购物等，满足生产生活需要。** **1.3传承乡村文化** **早在革命战争时期，中国共产党就带领工农群众参加体育活动，旨为在体育锻炼过程中增加军民感情、增强军民体质。乡村体育教师扎根于乡村，受到乡村文化的渲染，是乡主文化的传播者、维护者和创新者。教师凭借其优秀的学识和文化传播能力传承中华优秀文化。而在如今乡村文化发展缓慢的时期，需要一类人站出来将现代文明与乡土文化相结合，续写乡十文化之精彩，乡十文化不仅需要传播，更需要有人来维护和创新，而乡村体育教师正是乡土文化的维护者与创新者。乡村体育教师在本土化发展过程中融入乡村社区，利用其教师身份增强对乡土文化的认同感并维护和创新乡土文化，** **有利于促进乡村教育与乡土文化的融合，推动乡村文化振兴，间接促进乡村振兴同。** **1.4推进农村体育健身活动** **乡村体育教师不仅在学校教会学生体育技能、培养学生终身体育意识，还可引导乡村群众参加体育活动、传播全民健身思相，为乡村振兴培养健康、积极的人力资本。乡村体育教师不仅是乡村学生的体育教师，更是新型农民的培育者、体育文化的传播者、全民健身的推广者、乡村振兴的参与者。** **2乡村体育教师本土化发展的主体冲突** **2.1乡村体育教师身份价值偏离之冲突** **随着社会的发展，乡村教师已不再是人们尊崇的对象，其身份价值严重偏离。第一，2009年修订的《教师法》要求，教师的平均工资水平应不低于或者高于国家公务员的平均工资水平。然而多年过去，并且在这期间这一问题不断被国家级、省级文件提及，仍然没有得到很好地落实。第二、乡村体育教师所承受的压力要远大于城市的体育教师，并且工资待遇也低于城市教师。虽然国家每个月为乡村教师提供一定的补贴，但乡村体育教师的实际开销要远高于城市教师(如交通费、饮食等)。第三，乡村体育教师不仅要在校为学生提供符合农村学生的个性化教学，还要参加农村社区的体育指导工作。第四，由于乡村学校人力有限，体育教师往往要身兼数职。最典型的案例就是，人们常常开玩笑地说“你的数学是不是体育教师教的”。乡村体育教师还要承担众多非教字仕务，例如负责字生日吊的政教工作、巡逻工作、卫生工作，以及配合政府开展的禁毒、反黑等工作。如此之多的担子压在乡村体育教师的肩上，致使其无法专注于本职工作上，也无心扎根于乡村，为乡村振兴倾其所有。** 2.2乡村体育教师数量不足之冲突 **乡村体育教师存在数量不足，，“下不去、留不住”问题突出。陈波涌等人对湖南省乡村教师流失问题进行了调查，统计发现湖南省每年有近1.4万名乡村教师流失。经查阅资料发现，我国大部分地区特岗教师和乡村教师公开招考成功率不尽如人意，有些岗位确实招不满，基至有一些教师得知被分配到乡村后果断放弃。除了个人因素外，政策及薪资待遇也是导致乡村体育教师外流的原因，能力较强的体育教师大多希望到大城市打拼一番，部分教师因承受不了乡村学校的住宿条件及教学环墙，选择直接辞职或调离教育系统。** **除了存在数量不足外，乡村体育教师结构性矛盾也十分突出。第一，乡村体育教师身份结构失衡，编外体育教师的数量多于体制内教师数量。第二，年轻人不愿下乡到农村，乡村体育教师老龄化严重。第三，乡村体育教师教学任务不合理，大部分乡村体育教师要承担1-2门的课程任务。** **2.3乡村体育教师乡土情结淡薄之冲突** **乡村体育教师作为乡村学校体育的主导者、乡村振兴的建设者，是乡村学生进入运动生涯的第一面镜子，同样也是多土文化的传承者。然而从目前现状来看，乡村体育教师存在责任意识淡薄、乡土认问感低及专业系川不理想等问题。从目身利金米看，乡村体育教师在工作中具有较严重功利化趋向。他们在工作中大多以满足个人利益为目的进行** **教学，有部分教师工作缺乏积极性，不求上进，甚至出现“混日子”的情况。从能力角度来看，乡村体育教师教学能力不足的情况普遍存在。因其专业能力不足，导致干法应对日常体育教学，更不用说开展体育兴趣班等课余体育活动了。从乡土情结来看，乡村体育教师的稳定性较低，大多不愿扎根于乡村。部分乡村体育教师因农村教学条件差、公共设施不齐全、薪资水平低等原因不愿到乡村任职，即使到乡村任职也只是单纯的完成支教任务，不愿扎根于乡村。除此之外，乡村本土的体育教师也不安于现状，因职称晋升难度较大、发展前途不光明而想方设法地调离乡村去城市发展。** **3乡村体育教师本土化发展的化解策略** **3.1加强政策倾斜，提升乡村体育教师工作条件** **乡村体育教师的向城性主要是因为城市公共服务设施齐全、工作条件好、工作压力小。第一，乡村振兴政策实施后，政府相关部门应加强政策倾斜，为乡村教师发展提供良好的保障。构建社会多元主体参与的社会治理模式，努力改善乡村学校环境，提高农村医疗水平，完善农村社会保障机制，为乡村教师提供良好的生活保障。第二，加强环境治理，改善农业污染，提升乡村水质，建设适合乡村体育教师工作生活的美丽乡村。乡村体育教师作为乡村的“新乡贤”，具有丰富的体育知识和文化知识，乡村社区应该与其保持紧密的联系，让其参与到乡村建设中。此外，乡村社区应积极配合学校工作促进家校联动，构建家庭一学校一社区协同育人共同体来减轻教师压力。** **3.2实施定向培养，丰富乡村体育教师资源** **我国目前城乡教育环境差异过大，教育总体条件不均衡，尤其是乡村体育教师缺位现象严重，乡村体育教师队伍建设是乡村教育发展的堵点。利用本土生源丰富乡村教师队伍是最好的选择，因此，乡村教师从培养阶段就应该大力招收本土生源，加强定向培养计划和乡村教师支持计划，逐步提高他们的职业水平及待遇水平，使乡村体育教师能够留在乡村，扎根于乡村。定向培养任务由国家部属师范高校承担，主要向乡村教育资源薄弱地区输送优质师资，改善当地教学水平，提高师资队伍水平，推动乡村教育振兴。与定向培养相似，同样是乡村教师培养政策的还有免费师范生政策，免费师范生需要从事教育行业10年，伯其在农村工作2年后可进入城镇工作，于是免费师范生政策培养出来的教师真正留在乡村、致力于乡村教育的并不多。因此，实施定向培养，从本土化出发，制定乡村体育教师队伍建设本土培养计划，是目前丰富乡村体育教师资源最有效的方法。** **3.3实现文化认同，增强乡村体育教师的乡村情感** **文化认同的核心是对一个区域的基本价值的认问，美化认闲处跳来人付人区项殼相神红市一精神基础。因而，文化认同是增强乡村体育教师职业认同感的重要基础，同时也是维系乡村情感最深层的基础。在乡村振兴战略背景下，作为乡村体育发展的重要主体的乡村体育教师的文化认同问题已成为振兴乡村体育最重要的“软实力”。首先，重视体育师范生的教育实践活动。体育师范生教育实践活动是联系学生毕业与入职的重要纽带，实习** **地点的可以选择乡村学校，除基本的体育教育实践内容以外，还包括体验乡村体育文化，参加乡村社区体育活动等。经过较长实践的体育教育实践活动，让体育师范生对干乡村留下深刻记忆，这也是地方意识的熏陶过程。其次，拓展乡村体育教育新范式。在乡村体育教师教研以及授课过程中，可添加、设计与乡村当地体育文化与教育相关的内容，如体育非物质文化遗产进校园、“一校一品”特色体育项目等。文化认同的实现必须结合当地特色，挖掘当地体育文化资源，增强乡村体育文化内涵，从而增强乡村教师职业认同感。** **3.4重塑身份认同，提高乡村体育教师的职业自信** **在乡村振兴背景下，教师对于自身的职业自信与卫身份认同是探讨乡村教师本土化发展的内在因素。然而，社会对于乡村体育教师的认同与乡村体育教师对于社会的认同之间存在巨大距离110。因此，体育教师自身专业认同与身份认同是增强乡村振兴背景下乡村体育教师职业自信的两个因素。第一，乡村体育教师要形成对教学工作的反思，反思自身专业知识是否过硬、课堂教学安排是否合理、教学理念是否陈旧等，只有当体育教师在教学过程中形成对自身教学认知的维护并达到自律，才能达到社会对乡村体育教师的认知期望，第二·乡村体育教师对于身份的认同并非停留在教学，而是应该肩负起乡村公巷建设的执当。乡村体育教师要以主人翁的意识参与到乡村建设当中，发挥体育教师的专业素养推动全民健身、助力乡村体育振兴。乡村体育教师不仅是乡村建设的参与者，更是乡村振兴过程中的受益者，因此乡村体育教师与乡村社会发展休戚相关，乡村体育教师要扎根乡村，对自己的身份认同加以肯定，提高自身的职业自信。** **4结语** **乡村振兴是缩小城乡差距的重要举措之一，而体育教师木十化发展也是缩小城乡教育差距的重要举措。随着新时代的到来，我国乡村教育事业发生了翻天覆地的变化，乡村体育教师也面临着新的历史挑战。在乡村振兴背景下，提升乡村体育教师工作条件、主富乡村体育教师瓷源、增强乡村体育教师的乡村情感，有利于夯实乡村教育基础、提高乡村教师队伍的稳定性和职业能力。良好乡村体育教师力量可为全民健身、体育强国建设以及乡村振兴等国家级战略提供良好的人力保障。** **参考文献** **\[1\]新华社.中共中央办公厅国务院办公厅印发《关于加快推进乡村人才振兴的意见》 \[EB/OL\].http： 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**无论是学科核心素养理论的提出，还是中华优秀传统文化内容的融入，其目的都在于让学生学会一门运动技能，养成运动锻炼的习惯，提高学生的体质健康水平，从而促进学生的全面发展。中华射艺、中华武术以及九子游戏等项目虽然弱化了体育竞技性，但能够体现“文明其精神，强健其体魄”，突出大众参与性和文明性的特点，适合成为个人的终身运动项目。将这些传统项目融入体育课堂，不仅符合党和国家的政策要求，也能满足体育学科核心素养的需要，可谓一举两得。** **参考文献** **\[1\]教育部.教育部关于全面深化课程改革落实立德树人根** **本任务的意见\[EB/OL\].http：//www. moe. gov. cn/srcsite/A** 26/jcj\_kcjcgh/201404/t20140408\_167226. html?pphlngln **ohdbaiek.** **\[2\]国务院新闻办公室..《中国学生发展核心素养》发布\[EB/OL\].http：//www.scio. gov.cn/37236/37262/Document/16** **(上接第128页)** **\[7\]陈波涌，李婷.如何稳定乡村教师队伍：基于对H省39470名乡村教师的调研\[J\].湖南师范大学教育科学学报，2021，20(4)：75-82.** **\[8\]孔养涛.乡村振兴战略中乡村教师队伍的本土化建设\[J\].教学与管理，2020(12)：55-58.** **02754/1602754.htm.** **\[3\]新华社.中共中央办公厅国务院办公厅印发《关于深化教育体制机制改革的意见》 \[EB/OL\].http： //www.gov.cn/xinwen/2017-09/24/content 5227267.shtml.** **\[4\]教育部.教育部关于印发《完善中华优秀传统文化教育指导纲要》的通知\[EB/OL\].http：//www.moe. gov. cn/srcsite/A13/s7061/201403/t20140328 166543.html.** **\[5\]中共中央办公厅、国务院办公厅.《关于实施中华优秀传统文化传承发展工程的意见》\[N\].人民日报，2017-01-26(06).** 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**“五支队伍”显担当** \-吉林省政协全力参与疫情防控工作 **文◎徐高峰** **、么不久，面对突如其来的新冠肺炎疫情，吉林前省政协发挥“五支队伍”作用，全力参与疫情防控工作。** **吉林省政协把打赢疫情防控阻击战作为最大的政治任务和头等大事，向险而行、迎难而上，发扬特别能吃苦、特别能战斗的精神，以实际行动展现了新时代人民政协的责任担当和抗疫风采。** **一、政协领导包保队：率先垂范，下沉一线督导。按照中共吉林省委统一部署，省政协主席会议成员先后负责包保市州和长春市县区。3月18日起，省政协主席、** 5月12日，车辆在长春市人民大街上行驶。5月13日吉林省卫生健康委发布，5月12日0-24时，全省无新增本土确诊病例和无症状感染者。 (新华社记者张楠/摄) **党组《关于省政协疫情防控工作情况的报告》上，省委书记景俊海批示：“省委对政协班子每一位成员的表现是满意的，充分肯定的”，并批转各省级领导同志阅，对所提出问题要求省委省政府相关部门研究采纳。** **二、机关干部突击队：闻令而行，开展志愿服务。疫情突如其来，政协机关干部主动请缨，蹦跃参加下沉社区志愿服务。政协机** **关36名干部组建通顺、松竹梅、文庙、春园4支社区志愿者突击队，成立临时党支部，并由厅处级干部为临时党支部书记和突击队负责人。在4个社区有大量居民感染的情况下，突击队服务没有退缩，全面投入到核酸检测、卡点值班、开展“敲门行动”“扫地行动”等工作任务中，让党旗在抗疫一线高高飘扬。同时，针对居民情绪烦躁、先期各项工作组织不到位等问题，突击队有针对地提出服务社区的20条建议，并被全部采纳。疫情期间，突击队员下沉社区500多人次，协助开展全员核酸检测1万多户、3万多人，入户核酸检测和配送物资400多次，工作时长累计超过2200小时。在长春市实行全域静态管理后，先后有127名政协机关干部就地就近开展志愿服务，6名厅处级干部加入长春高新区指挥部充实指挥作战力量。政协机关干部突击队用鲜明的“志愿红”，汇聚起同心抗疫的政协力量。** **三、防控专班保障队：同心协力，服务政务运转。为做好省政协机关疫情防控工作，省政协成立了以省政协秘书长为组长、办公厅主任和副主任为副组长的特殊防控时期工作专班。专班下设政务综合保障组、安全保卫组、后勤保障组，各负其责，分工协作，形成合成作战、扁平化工作机制。专班进驻机关后，立即制定防疫工作方案和预案，使每一名专班工作人员明晰政策要求、处置程序和工作方法。从组织机构、闭环管理、核酸检测、环境消杀、文件取送、住宿就餐、垃圾处理、车辆出入、防疫物资保障等方面，从严从细从实抓好疫情防控工作，确保政协机关各项政务工作有序推进。。专班同志无论是正式职工还是后勤物业人员，舍小家为大家，克服了家中有患病老人、有襁褓中的婴儿、有爱人分娩等诸多困难，用“我是党员我先上”我是退伍军人我先上”我年轻我先上”的誓言和行动弘扬了伟大抗疫精神。经过专班全体人员的共同努力，实现了办公区域零感染的目标，省政协机关被评为首批省直“无疫机关”。** **四、第一书记工作队：统筹兼顾，防疫春耕两不误。** **疫情暴发以来，省政协驻公主岭市怀德镇三里堡子村、** **农安县农安镇长安村、珲春市板石镇孟岭村的三个乡村振兴驻村工作队，既是指挥员更是服务员，在统筹协调做好疫情防控工作的同时，积极推进复产复耕，乡村振兴工作有序开展。驻三里堡子村工作队以“防疫不失控、春耕不失时”为目标，利用“三级网格长”做好全村人员管理，结合春耕备耕实际，提出“家庭合作、屯内协作、村内轮作”的生产建议，全村耕地365公顷全部按时种植完毕。驻长安村第一书记作为临时指挥员、战斗员、宣传员，画出比对每个村民小组的实际人口和来做核酸的人数的“趋势图”，切实做到“应检尽检”，同时协调解决种养殖户销售困难，挽回因误农时的损失。驻孟岭村工作队，在引导群众在做好自我防范的同时，抢抓农时开展耕田、播种作业，全村实现备耕土地约300公顷，确保守护百姓“米袋子”，守住村民“钱袋子”。** **五、政协委员行动队：众志成城，履职尽责显担当。疫情发生后，省政协第一时间向政协各参加单位和全体委员发出《致全体省政协委员的倡议书》。广大政协委员积极响应，立足岗位，以实际行动展现了为国履职、为民尽责的“硬核”力量。医药界委员坚守抗疫一线，其他界别委员也都主动作为，冲锋在前，尽己所能助力疫情防控。委员们围绕疫情防控、精准救治、物资供应、经济恢复，撰写提交了《关于加强全员核酸检测管理工作的建议》《关于加强农村备春耕的建议》等提案44件、社情民意信息277篇。省政协建立提案工作应急机制和“快速通道”，设立疫情社情民意信息专刊，委员各承办单位按照特事特办、急事快办、要事合办的原则，积极采纳并及时落实。委员们还奉献爱心，慷慨解囊。截至4月底，住吉全国政协委员通过各种渠道累计捐款捐物1807万元，省政协委员累计捐款捐物2752万元。同时，6家委员所在人参企业捐赠物资价值4000万元，推动中医药在全省抗疫中发挥了独特作用。协** **(作者：吉林省政协办公厅副主任)**

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**发达国家政府科研项目完全成本资助政策研究** **周科朝湛毅青' 王晓璐2** **(1中南大学、湖南长沙 _少_ 410083；2中南大学商学院，湖南长沙 _410083)_** **摘要：高校科研项目完全成本补偿问题直接关系到高校事业的可持续发展。美国、英国、欧盟政府等发达国家关于政府科研项目均程度不等地实行完全成本的资助政策。综合分析科研项目完全成本构成及计算的理论发现，从科研直接成本中支付在职研究人员科研工资的思想已在越来越多的发达国家和区域实施，对科研间接成本的补偿也经历了从无到有，逐步加大的发展过程。发达国家对于科研项目完全成本补偿的认识，理论研究和资助政策改革值得我国学习和借鉴。** **关键词： _：_ 发达国家高校政府科研项目完全成本资助政策** **随着科技创新能力的国际竞争日益加剧，一些发达国家大幅增加了对研发经费的投人。作为科技创新的主力军，高校承担了大量国家科研项目的研究工作，科研项目资助政策的科学性由此也引起了政府和高校双方的共同关注。从上世纪床开始，科研项只完全成本的计算及资助政策研究成为发达国家从政府到高校的重点研究课题，其日的旨在从财务管理的角度保证高校事业可持续发展，在高校投资来源多元化环境下增加受托责任履行情况报告的透明度，以及在高校招生规模扩大政府拨款相对不足的情况下加强成本管理。为提高科技创新能力，我国政府近年来也人幅增加了科技投人，但由于缺乏相关研究，政府对高校科研项目资助政策的科学性引起了部分大学，特别是研究型大学的质疑。研究国外高校科研项目完全成本资助政策，对于改革和完善我国现行的科研项目资助政策具有重要的现实意义，也是高校落实科学发展观、促进高校各项事业科学发展的战略需求。** **科研项目完全成本资助政策及其特点** **科研项目成本依据成本的可追溯性分为直接成本和间接成本。完成科研项目所需要的专用设备购置费、材料消耗费、资料费等，以及参与课题研究的研究生和外聘人员的人工费，均是政府科研项日直接成本拨款的重要支出费用。各国政府资** **助政策的区别主要体现在科研直接成本中在职人员与投人科研项目时间相对应的工资薪金(简称科研工资)以及科研间接成本的资助政策和补偿渠道的不同。** **从项目资助政策看，既资助工资薪金义资助间接成本的政府主要有美国、英国、新西兰、欧盟等，但资助程度各不相同。美国政府按照《A 21通告》规定的成本构成要素补偿科研项目完全成本，直接成本支出中人员经费约古2/3；高校平均的科研间接成本率在过去十年间基本维持在51%左右，其中私立大学平均高于公立大学约10个百分点，实际补偿的科研间接成本约占科研项目总拨款的25%。英国政府支付的直接成本过去一直不包括项目负责人科研工资，问接成本按直接成本中其他人员工资薪金的46%支付。2005年改为按照完全经济成本(fFC)资助科研项目后，英国政府当年开始按照fEC的80%资助，2011年将逐步提高到100%。2006、2007年度研究委员会支付的科研项目拨款中，设施与管理成本约占总拨款的40%。尽管美国补偿模式和改革前英国的补偿模式不同，但Robert M. May 等在 Nature杂志发表的文章中对两国补偿数据的粗略估算发现，美国高校平均50%~60%的间接成本率同口径对应英国的比例应在37%-60%之间，而英国当时的比例规定是46%，正好处十该范围中间位置。从改革后英国的补** **偿程度看，英国政府对高校间接成本的实际补偿明显高于美国。** **新西兰政府的研究、科学和技术部** **部长2003年初就通告科研项目购买机构(即资助机构)、大学及其他利益相关者，要求购买机构按照完全成本购买大学科研项目，科研项目直接人工包含参与研究的所有研究人员的工资和福利，间接成本按照直接人工的一定比例补偿，补偿的间接成本占科研人工的比例一般在110%~127%之间。欧洲委员会的第七期科研架构计划 (FP7， 2007一2013)规定对其资助高校及其他非营利组织的科研项目按照项目完全成本的75%支付项目经费；对于未建立完全成本模型的大学，则按照直接成本减去外拨经费后的60%设定间接成本，然后按两者之和的75%支付项目经费\[即：(直接成本+(直接成本-外拨经费)×60%)×75%\]，其中，直接成本包括大学在职研究人员的工资薪金。欧洲委员会规定，从2010年开始，间接成本的比例将降到40%，该规定促使欧盟成员国高校纷纷开始研发完全成本计算模型。** **部分政府在科研项目资助中不补偿科研工资，只部分补偿科研间接成本，如加拿大、澳大利亚。加拿大政府支付的项目直接人工仅包含科研助手(如：外聘人员、研究生等)的工资津贴；政府根据大学最近三年从三个拔款机构获得科研拨款的平均份额拨付间接成本，补偿金额为直接成本的25%左右，大约为大学期望值的60%，加拿大大学协会及大学长期以来一直呼吁政府逐步加大对间接成本的补偿，希望达到直接成本的40%。澳大利亚政府用基本条件拨款补偿竞争性拨款的间接成本，间接成本按照大学最近两年获得政府竞争性科研拨款的份额分配，但二者均未包含项目主要负责人和合作负责人工资。据澳大利亚一流研究型大学联盟8校集团估计，联邦政府的竞争性拨款只拨付了项目直接成本的70%，间接成本大约是竞争性** **拨款的25%。他们认为间接成本应达到竞争性拨款的50%~60%，才能充分补偿项目相关的间接成本。** **从资助模式看，部分国家和区域通过“双重资助体系(DSS)”补偿大学的科研项目和科研基础条件，例如英国、澳大利亚、我国香港特别行政区政府。英国政府虽然采取DSS方式资助大学科研，但其科研项目拔款中本身就含工资及项目相关间接成本，与基础条件拨款一起实际构成了对科研人力物力的双重资助。澳大利亚政府虽然也采取DSS模式，但支付的用于基础条件的一揽子拨款占科研总拨款的比例逐年缩小，2006年为59%，比5年前降低了约12个百分点。香港特别行政区政府通过整体补助金资助与科研有关的基本设施、职员人工和其他间接成本开支，由于整体补助金多年来一直超过大学科研经费总额的70%，故特区政府资助的科研项目拨款中不再包含在职人员科研工资成本以及间接成本。** **以上国家和区域科研项目完全成本资助情况详见表1。由于高校承担的科研项目主要来源于政府，政府科研项目是否按照完全成本补偿对非政府资助者具有重要的示范作用。因此，发达国家对高校科研项目完全成本计算以及资助政策研究均以政府科研项目为主，对于横向项目则根据项目特点参照纵向项目提出相应的定价及资助建议。** **表1：发达国家和地区政府科研项目完全成本资助政策对比** | **国家或区域** | **科研间接成本补偿** | | **科研间接成本支付方式** | **科研间接成本平均补偿程度** | **直接成本构成特点** | | --- | --- | --- | --- | --- | --- | | **国家或区域** | **方法** | **应用** | **科研间接成本支付方式** | **科研间接成本平均补偿程度** | **直接成本构成特点** | | **美国** | **间接成本率** | **MTDCx间接成本率** | **与直接成本捆绑拨付** | **项目总拨款的25%** | **含研究人员科研工资、非研宄人员全时科研工资** | | **英国** | **人均费用标准** | **FTEs X人均费用标准** | **与直接成本捆绑拨付** | **项目总拨款的40%** | **含研究人员科研工资** | | **英国** | **绩效拨款** | **与科研水平挂钩** | **与项目经费分别拨付** | **占 DSS的59%** | **与科研人员规模相关** | | **加拿大** | **绩效拨款** | **最近三年从三个拨款机构获得科研拨款的份额** | **与项目经费分别拨付** | **直接成本的25%** | **不含科研工资** | | **澳大利亚** | **绩效拔款** | **最近两年获得澳大利亚政府资助的竞争性科研拔款的份额** | **与项目经费分别拨付** | **直接成本的25%** | **不含科研工资** | | **新西兰** | **间接成本率** | **科研人工×间接成本率** | **与直接成本捆绑拨付** | **科研人工的110%~127%** | **含研究人员科研工资** | | **欧盟政府** | **间接成本率** | **MTDCx间接成本率** | **与直接成本捆绑拨付** | **修正直接成本的60%** | **含研宄人员科研工资** | | **香港特别行政区** | **绩效拨款** | **与科研水平挂钩** | **与项目经费分别拨付** | **\>高校科研总收入的70%** | **不含科研工资** | **_2_ 科研项目完全成本构成及计算的理论基础** **制定科学的科研项目资助政策，必须建立在对科研项目完全成本构成进行科学研究的基础上。从文献检索的情况看，对高校科研项目资助政策的理论依据的研究主要集中在美国、英国、欧盟政府等科技投入大的发达国家或区域。** **2.1关于高校科研项目完全成本计算模型** **由于直接成本中的材料、设备、资料费等具有明确的可追溯性，因而科研项目** **完全成本计算的关键在于共享成本的分摊，即：人工成本和间接成本的分配和分摊，目前最具代表性的两种分摊方法分别采用传统成本法和作业成本法 (Activity Based Costing：ABC)。** **传统成本法在成本和最终成本对象之间采用单一的数量基础进行分配，采用这种模型的主要以美国为代表。美国政府规定的直接成本中的人工费按照科研人员的投入时间确定，包括研究人员科研全时工资和折算工资，全时投人项目的管理职员的工资也纳人直接成本范畴，管理职员的折算工资则纳入间接成本支付。间接成本分为设施占用成本和综合管理成本，政府按照科研间接成本率补偿大学间接成本，科研间接成本率根据大学上年的实际发生成本计算，其计算公式如下：** **修正的科研总直接成本(MTDC) 是总直接成本易除部分费用后的直接成本。传统成本法主要体现在“允许的科研总间接成本”的获取过程，该过程简单地将两类间接成本分为8个成本池，并将每个成本池按--个分配基础分配给科研活动。为规范计算模型，美国政府引人了美国成本会计标准委员会制定的四个成本会计标准，以规范成本分配的一致性、预算及报告的一致性等。** **采用ABC 方法的主要以英国为代表。按照 ABC原理中产品(成本对象)消耗作业、作业消耗资源的思想，英国成本定价联合指导小组(JCPSG)研究的透明成本计算法(TRAC)通过成本动因将支持成本先归集到学术部门，再归集到大学教学、科研等核心功能。一个项目的fEC由直接发生成本、直接分配成本及间接成本构成，研究人员全时科研工资纳人项目直接发生成本，折算科研工资、设施占用均被纳入直接分配成本中，此处的间接成本只含大学综合管理费用。设施占用和间接成本根据预先计算的费用标准以及折算的全时科研人数分摊。** **由于美国政府的宗旨是政府科研经费不得补贴其他活动，故其计算过程呈现出浓厚的管理特色，如：不允许费用的规定.综合管理成本26%上限限制等，实际上并未完全补偿大学科研间接成本。英国的模型是在前期分析科研项目成本补偿不足的背景下研制的，首要目的是保证大学科研可持续发展，故其计算过程木剔除任何费用，相反，对固定资产及资本均进行了增值调整，较好地反映了对项目完全成本的补偿。其他国家的计算模型主要借鉴美、英的方式，是结合了所在国实际的一种变体。例如新西兰政府规定的间接成本分摊方法借鉴了美国的模型，通过间接成本率补偿，但科研间接成本率等于科研总间接成本占科研人工而非MTDC的比例；荷兰的大学2008** **年1月开始使用完全成本计算模型，其计算模型主要借鉴了英国的方式；爱尔兰大学协会与其高等教育局联合于2008年开始实施的完全成本计算模型也借鉴了英国的方式。** **2.2关于高校完全成本计算模型发展趋势** **由于与传统成本法比较，作业及成本动因的引人使成本分配结果比传统成本法更能精确反映成本对象对成本的消耗，因而采用ABC原理进行与完全成本计算相关的间接成本分配被广泛研究与应用。最早将ABC法应用于高校是在80年代末，有学者认为高校在生产一系列产品，这些产品必须在竞争市场上进行销售，如果价格定得太高可能会输给竞争对手，如果价格定得太低又可能会出现亏损，因此需要给每项活动合理定价。其后， ABC在高校的应用研究全面铺开，有的探索可行性，有的对ABC应用中有关技术进行研究，还有的用于加强成本管理，如：从校、院、系各级战略日标人手，探索了将ABC应用于堪萨斯州立大学预算分配的方法。** **尽管ABC方法在实际应用中存在模型开发成本过高等问题，但由于分摊结果更符合实际耗费，已设计完全成本计算模型的大部分大学均将ABC 方法看成合理分摊间接成本的有效工具，因此，引入ABC方法是大学设计完全成本计算模型的发展趋势。据1994年秋季对英国大学使用ABC方法的调研发现.回复问卷的大学中有20%使用ABC方法计算成本，有55.4%的学校计划在不久的将来引入ABC方法计算成本。美国OMB财务管理部负责人早在1998年就提出要引入ABC方法计算科研活动应分摊的间接成本；面2008年对美国各州高等教育成本研究的调查发现，有一半的州进行了成本研究，其中47.27%采用 ABC方法，所使用的成本动因主要有：学生人数、空间占用面积、教师人数、收人、费用等。** **从未来趋势看，政府的要求和导向将使ABC方法在高校的应用面进一步扩大。英国政府2005年开始启用的fEC计算模型就是基于ABC方法的，要求所有英国高校均使用该模型计算各白的完全成本；欧盟大学协会在其2008年的研究报告“财务可持续发展的大学针对欧洲大学完全成本计算”中，对欧盟国家研究完全成本的方法进行了归纳总结，提出了用ABC方法计算完全成本的指导思路，并通过降低项目补偿额迫使高校研究完全成本计算模型。** **3 科研项目完全成本资助政策发展趋势及评述** **从以上发达国家和区域的资助政策看，从科研直接成本中支付在职研究人员科研工资的思想已逐步被认识和接受。有的国家已调整政策由原来不支付科研工资到支付科研工资，如：英国、欧盟政府。尚未补偿或者补偿不足的国家的高校则通过分析弊端，不断对政府提出补偿要求，例如：加拿大学者在比较分析加拿大和美国科研成本资助结构后发现，获得一项** **政府科研项旧资助，对美国高校而言意味着项目负责人的部分工资有了出处，而对加拿大高校而言则意味着不仅项目负责人要减少教学投入时间，学校还要从口常经费中支付对应的工资，澳大利亚8校集团建议，政府应注入新资金支付项目负责人T资，使政府竞争性拨款机构的操作与美国、英国保持致；新西兰学者建议原本支付科研工资的政府机构应继续支付，不支付的则应支付该部分工资，以便研究人员能够减少教学及其他工作负荷，“实出”相应时间来完成科研工作。对于直接支付管理职员全时和折算科研工资的思想，除美国已部分实施外，其他国家尚术考虑。尽管美国政府从直接成本中支付科研工资的力度最人， Arthur Bienenstock以斯坦福大学为例，说明《AA21通告》禁止将科研秘书和行政人员按投人项目时间折算的工资作为直接成本补偿的规定不合理，该规定使得研究人员不得不投人时间进行与研究无关的工作。** **除美国以外，其他国家一般是在大学科研任务加重，科研活动与教学活动“争”资源并危及教学质量和未来科技创新能力的情况下，才逐渐认识到充分补偿科研间接成本的作用。因此，对科研间接成本的补偿经历了从无到有、逐步加大的发展过程，例如：2001年前，加拿大联邦政府对科研项日不提供间接成本补偿，2001~2002年度开始提供一次性科研间接成本拨款，2003年开始将其作为·项长期项目设立。对间接成本的补偿程度也从一个侧面反映了各国政府对该问题的研究程度和认识过程。** **从科研工资补偿渠道看，无论是研究还是管理人员，将科研工资纳入直接成本，将有利于项目负责人调集校内人力资源，为他们“买出”相应的时间投人科研项目的研究和管理，确保科研项目的完成质量；有助于科学划分科研和教学的人工成本，保证大学教学、科研活动收支配比，更好地履行受托经济责任。在该模式下，科研项月负责人可根据项目需要自主聘用有效人员，结项后即行解聘，有助于推进科研人力资源的有效配置及合理流动。** **从间接成本补偿模式看，政府管理部门均将间接成本补偿建立在直接成本基础之上，或者依据事先计算的比例或标准，或者采取绩效拨款或一揽子拨款的方式分摊高校科研间接成本，多样化的资助模式带来政府资金使用效益的最大化；从拨付方式看，有的采取与直接成本捆绑拨付，有的分别由不同部门拨付，但无论采取何种方式，这种“额外”的补偿对大学均具有较人的激励作用。政府支付高校合适份额的科研河接成本，不仅维护了设施条件和管理体系，保证了科研事业可持续发展所必须的科研基础条件，而且作为一种激励机制，可调动高校承担国家课题的积极性，为科技创新做出更大贡献，从而带来远高于政府支付的间接成本的不可估量的回报。** **(国家自然科学基金资助项目，项目编号70973146)** **参考文献：** \[1\] Office of Management and Budget(OMB). CIRCULAR NO. A-21. Cost Principles for Educational Institutions\[S\]. The Execu tive Office of the President， U.S. Reviscd May 10， 2004. **\[2009-02-11\]. http：//www.whitehouse.gov/omb/circulars/a02 1/a21** \_ **2004.aspx.** **\[2\] Charles A. Goldman， Traci Williams， David Adamson， Kathy** **Rosenblatt. Paying for Research Facililies and Administralion\[R\]. RAND corpration， 2000：17~20.** **\[3\] Gareth MacDonald. Quality Assurance for funding research at** **full economic costs： a UK.1Perspective \[R\]. Research Coun** **cils UK. \[2009-02-12\]. http：//www.nsf.gov/oig/liverpool** \_ **2008/21** \_ **Gareth** \_ **MacDonald.pdf.** \[4\] Robert M. May and Stuart S. Sarson. Revealing the Hidden **Costs of Research\[J\]. Nature， 8 April， 1999(198)：457-459.** **\[5\] Hon Pete Hodgson. Principles Of Full-Cost Funding Document|EB/OL\]. 7 Jan. 2003. Minister of Research， Science and** **Technology. \[2009-02-15\]， http：//www.otago.ac.nz/research/** pdfs/principlesfullcostfunding.pdf. **\[6\] Sluart McCutcheon. New Zealand's Approach to Supporting** **Research Overheads (and fully funding research) \[R/OL\]. The** **Universily of Auckland. \[2009-02-15\]. http：//www.go8.** **edu.au/storage/events/2008/costs** \_ **compacts** \_ **presentations/14July/Stuart** \_ **McCutcheon** \_ **University** \_ **Auckland.ppt.** **\[7 EU Sevenih Rescarch Framework Programme** **FP7.Guidance** **Note No. 1. Project Costing and Reimbursement Rates\[EB/OLJ. \[200902-17\].http：//www.campus.manchester.ac.uk/medialibrary/researchoffice/eu-fp7.pdf.** \[8\] Association of Universities and Colleges of Canada (AUCC). **Inslitutional Costs of Research {EB/OL\]. Rev. Jan.16，2009，\[2009 02-11\]. http：//www.aucc.ca/** \_ **pdf/english/reports/2009/indirect** \_ **costs** \_ **fact** \_ **sheet e.pdf.** \[9\] The Group of Eight Limited. ADDING TO AUSTRALIA'S **CAPACITY： THE ROLE OF RESEARCH UNIVERSITIES IN** **INNOVATION\[R\]. A submission from the Group of Eight to** **the Review of the National Innovation System. April 2008：65-74.** **\[10\] John Milam， Chris Coutts， Emily Bosacco， Amy Golliday，** **Andy Simpson. The Cost Of Not Knowing： State Capacity** **For Postsecondary Cost Studies\[R/OL\]. Highered.Org， Inc.** **June 2008. \[2009-02-27\]. http：//www.highered.org/docs/Cost of-Not-Knowing.pdf.**

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**根据线索隐蔽度等级设计物理真实情境习题的尝试** ￥林辉庆 **(杭州市余杭高级中学，浙江杭州 _311100)_** 摘要：真实情境问题具有综合性、复杂性和开放性的特征.在真实情境习题的设计中，教师可以从综合性、复杂性和开放性三个方面出发，根据线索隐蔽度等级将真实情境设计成不同层次的习题，提升学生相应的物理学科核心素养. 关键词：真实情境习题；线索隐蔽度；核心素养水平《普通高中物理课程标准(2017年版2020年修订)》在“教学建议”中指出：“应把物理课程中所形成的物理观念和科学思维用于分析、解决生产生活中的问题，在解决问题中进一步提高探究能力、增强实践意识、养成科学态度，促进物理学科核心素养的形成.”生产生活中的问题情境是真实的未被加工的题材，如何将其加工成适应不同学习阶段或具有不同物理学科核心素养发展水平的学生的习题，是一线教师需要研究的重要课题. 一、真实情境问题的主要特征真实情境问题有三个主要特征，那就是综合性、复杂性和开放性. (一)综合性综合性指真实问题情境中总是包含着很多紧密联系和相互影响的部分和现象，涉及多方面的学科知识甚至多个学科知识.要解决问题，就需要从众多的情境因素中识别出一个恰当的由若干因素相互联系构成的物理模式.如“摇绳发电”的情境：把长度20~25 m的导线连接在一个灵敏电流表的两个接线柱上，形成闭合回路.两人如图1那样摇动导线，灵敏电流国家省孑社会科学学术期刊数据库表的指针左右晃动.要求研究指针偏角最大时的读数是否等于电路中实际的最大电流. 图11摇绳发电这个问题情境除了文字描述和图片给出的信息，还联系着众多隐含的相关因素.如实验所在地的地磁场、导线的导电性、灵敏电流表的结构、两个人之间的距离、被摇动导线的长度、摇动导线的快慢等因素.要研究本问题，必须在这些相互联系的众多现象和因素中识别出如下模式：人摇动导线产生交变电动势，在闭合回路中产生交变电流；灵敏电流表的线圈受周期性的安培力、螺旋弹簧的弹力和阻力作用做受迫振动. (二)复杂性复杂性是指真实发生的事物除受到能识别、可量度的因素影响外，还会受到一些能识别但无法准确描述的因素和许多不能识别的因素影响，导致现象和过程具有一定的模糊性、不规则性.在摇绳发电的情境中，由于手运动的不稳定性和空气流动等因素的影响，导线的转动不可能匀速，被转动部分导线的形状也会发生不规则的变化；手与灵敏电流表之间的导线不规则运动会影响电路中的电流；两人站立的方位与地磁场方向间的关系无法准确测定，会影响最大电流的计算等.面对复杂的事物，科学的处理方法是忽略次要因素，保留主要因素，建立理想化模型.忽略被摇动部分导线转动的不稳定性和形状的不规则变化，忽略手与灵敏电流表之间导线的运动产生的感应电动势，认为两人的连线与地磁场垂直，这样，被摇动的导线就是一个理想的交流发电机.用这个模型就能在一定的误差范围内计算出闭合回路中电流的最大值. (三)开放性开放性是指真实情境问题中，有些相关因素的数值并未明确已知，在一定范围内都是合理的；情境所提供的信息对解决问题不一定是刚好的，可能有多余，需要选择，也可能不够，需要学生自己寻找；待求解的问题可能不是很明确，而只有一些基本要求或只有一些方向性的说明，甚至需要学生自己提出问题.如上各点又决定了问题可能没有事先确定的标准的解决方案和答案，只要证据可靠、推理正确且符合问题要求都是可以接受的.例如，摇绳发电问题中，一些必要的物理量需要学生自己查找或测量，尤其是，与导线弯曲形状有关的“交流发电机线圈”的面积S，需要设计巧妙的方法测量.当发现电流表的最大读数与实际的最大电流不一致后，学生还必然会提出“为什么?”的问题，也可能会提出“不一致的程度与哪些因素有关?”的问题.开放性就是不确定性，开放性问题的解决，需要学生运用发散思维与创新思维搜寻、选择证据，构建、筛选解决方案，评估问题解决过程和结果. **二、真实情境习题的线索隐蔽度及其等级划分** (一)真实情境习题的线索隐蔽度教学中以自然界和生产生活中真实存在的现象为题材的习题，叫真实情境习题.真实情境习题是命题者对真实现象的信息经过筛选、简化、组织等方式加工后用文字、图形、图像或数据表格等形式呈现的.由于命题者的加工活动，以及文字、图形等表达方式本身的局限，习题情境相对于真实情境必定丧失了很多的在场因素、复杂性与不确定性.另夕，真实情境习题作为学生核心素养形成的载体，必须适应学习需要.因此，将一个真实现象设计为习题，应该对真实的现象进行相应的抽象与简化，为问题的解决提供恰当的已知条件或提示.基于上述两个方面的原因，真实情境习题存在着情境真实程度高低的问题.当我们面对真实现象产生问题时，解决问题的线索是隐藏于众多的情境因素中的，需要自己去挖掘、寻找；而用于学习的真实情境习题，其解决问题的线索则是不同程度地以清晰、直接的形式给出的.因此，我们可以定义线索隐蔽度来衡量真实情境习题的情境真实程度高低.习题中明显、确切的线索越少，线索的内容与需要解决的问题关系越间接，习题的线索隐蔽度就越大.线索隐蔽度越大的习题，习题情境的真实度就越高. (二)真实情境习题的线索隐蔽度等级划分解决真实情境习题，要运用已有的物理观念从情境中识别出与问题有关的由相互联系的现象构成的物理模式；要区分主要因素与次要因素建立理想化模型；要寻找、选择信息，构建可行、优化的解决方案.所有这些，都需要从习题的设问中寻找线索作为推断的证据.真实情境习题的线索隐蔽度越大，学生要从中寻找线索解决问题就越困难，解决该习题需要的核心素养水平就越高. 我们将真实情境习题的线索隐蔽度划分为5个等级，如表1.大体上说，解决这些问题需要同等级的核心素养水平.每个等级的线索描述都包含情境的综合性(现象关联)、复杂性(模型)和开放性(不确定性)三个方面. **表1 线索隐蔽度等级划分** | 等级 | 线索描述 | | --- | --- | | 1 | 给出了解决问题需要的物理知识(概念、规律、模型等)和推理过程 | | 2 | 明确指示了应综合考虑的物理现象，给出了物理现象或过程的模型，提供了解决问题必要的物理量或物理量间的关系 | | 3 | 问题情境较熟悉，或者虽然情境较陌生、复杂，但给出了应综合考虑的现象和应建立的模型的线索，已知了一些物理量或物理量间的关系，可能有些必要的物理量没有给出，但它们合理的数值范围较明显，或者可以从所给的图形、图像中获取 | | 4 | 问题情境有较明显的已学现象的特征，但没有给出应综合考虑的现象的线索，没有明显的已学模型的特征，也没有给出应建立的模型的线索，已知了一些物理量和物理量间的关系，但不一定都用到，有些必要的物理量需要学生自己获取 | | 5 | 问题情境陌生而复杂，情境中显见的物理方面的信息较少，需要学生从物理学视角发现、提出问题，综合运用所学的物理学知识、方法进行广泛的探索，主动寻找需要的数据、信息，不断克服陆续出现的困难，以创新的方法解决问题 | **三、将一个真实情境设计成线索隐蔽度不同的习题** 线索隐蔽度等级，既是一种参照，也是一种工具，它使教学中习题的选择和设计具有了一定的可操作性.对于一个真实问题情境，我们可以从综合性、复杂性和开放性三个维度改变设问方式，参照线索隐蔽度等级划分，将其设计成具有不同线索隐蔽度的习题，以满足不同的学习需要.下面给出一个示例. 【情境描述】电视连续剧《特警力量》第52 集有如下情节.身高约1.8m的特警队员何苗在一次执行任务时，不小心踩到一个精制的“松发引信”与其他引信联动的地雷.这种地雷被踩到后，只要作用在其上的力相对于人静止时受到的压力变化10N(台词表达为1g)就会爆炸.何苗站在原地等待排雷专家救援期间，曾将原来捧在胸前的头盔戴回头上. 本情境从综合性角度讲，是动力学与运动学的综合，且头盔、手和手臂的运动都会引起人对地雷压力的变化；从复杂性角度讲，头盔、手和手臂的形状和运动均是不规则的；从开放性角度讲，头盔、手和手臂的质量、运动距离在问题中均没有明确告知，但它们的数值范围是可以估计或从有关资料中获取的. 利用这个情境，通过增加某些已知条件和改变设问，可以设计出不同等级线索隐蔽度的习题.下面是一组示例. (一)1级线索隐蔽度习题示例【设问方式】何苗将头盔戴回头上的过程中，头盔的初、末速度等于多少?速度有无变化?有无加速度?手对头盔的作用力是否变化?头盔对手的作用力和何苗对地雷的压力是否变化?(习题的设问包括前面的情境描述，为了节约篇幅而不重复，下同) 【线索分析】题目明确指示了用到的概念、规律和推理过程，学生不需要通过自己的思考对这些知识进行综合. 【任务与素养】回忆速度、加速度概念和牛顿第二、第三定律(运动与相互作用观念一1，数字表示等级，下同)，按照题目指示进行推理得到结论(科学推理一1). (二)2级线索隐蔽度习题示例【设问方式】假如何苗用t=20s的时间把质量 m=1 kg 的头盔从胸前抬高 h=60 cm后，再慢慢戴到头上，头盔向上运动的过程中先做匀加速运动，后做加速度大小相同的匀减速运动.由于头盔的运动引起人对地雷压力的变化 **AF是否大于10N?** 【线索分析】题目明确指示了这是一个力与运动关系的问题，并给出了头盔的运动模型，已知的t、m、h值是求解△F所必要的，何苗身高1.8m是一个无关已知量. 【任务与素养】明确头盔的初、末速度等于0(证据意识一2)，综合运用运动学公式和牛顿第二、三定律，求出头盔做匀变速运动阶段AF=6×10N(运动与相互作用观念一2，科学推理一2). (三)3级线索隐蔽度习题示例【设问方式】假如何苗用t=20s的时间把质量 m=1 kg的头盔从胸前抬高60 cm后，再慢慢戴到头上，他能做到使头盔与手之间的作用力的变化△F小于10²N吗?可以先研究头盔如何运动△F最小.与同学交流自己的解题方法. 【线索分析】题目的设问提示了这是一个力与运动关系的问题，给出了构建头盔运动模型的线索：头盔如何运动△F最小. 【任务与素养】根据题目提示构建头盔及其运动的模型：将头盔看作质点，它先做初速度为0的匀加速运动，后做加速度大小相同的匀减速运动直到静止(证据意识一2，模型建构一3).然后综合运用运动学公式和牛顿第二定律求出AF=6×10N(运动与相互作用观念一2，科学推理―2).接着与同学交流解题方法，讨论解题方法的合理性(合作、尊重一3). (四)4级线索隐蔽度习题示例【设问方式】假如何苗用t=20s的时间把质量 m=1 kg的头盔从胸前抬高60 cm后，再慢慢戴到头上，他能做到使头盔与手之间的作用力的变化△F小于10²N吗?除头盔运动外，还有什么因素会引起人对地雷压力的变化?请寻找有关数据对此做一估算，并据此说明这一因素能否被忽略.可以与同学合作解决这个问题. 【线索分析】与上一示例相比，设问中关于头盔运动模型的提示更加隐蔽了，并扩大了需要综合考虑的范围，即人上肢的运动.人上肢运动的各个因素都是复杂的，并且没有已知上肢的运动情况、质量等.这时，人的身高是估算上肢运动距离和质量的重要依据. 【任务与素养】建立头盔运动模型，利用已知数据计算出人能做到使△F小于10-N(模型建构、科学推理一3).识别出上肢的运动会影响人对地雷压力的大小(运动与相互作用观念一4).对人上肢的运动建立模型，寻找数据，通过推理得到上肢的运动对人与地雷压力的影响大于头盔的运动产生的影响(模型建构、科学推理一4).在这个过程中，学生需要不断地提出问题、寻找数据、做出解释、交流讨论(科学探究一4)；需要战胜不确定性带来的心理焦虑直至问题获解(科学态度一4)；要不断地与同学探讨以寻找思路、完善解法(合作、尊重一4). (五)5级线索隐蔽度习题示例【设问方式】请通过有依据的分析和计算，为何苗应该如何戴头盔才可能避免地雷爆炸提出建议.与同学合作解决这个问题. 【线索分析】首先，“何苗应该如何戴头盔才可能避免地雷爆炸”不是一个直接而明确的物理问题，需要学生运用运动与相互作用观念识别出“如何戴头盔”，指的是手和头盔如何运动.其次，情境提供的线索少，除了人对地雷压力的变化超过10N地雷就会爆炸和何苗的身高为1.8m，没有其他明显的对解决问题有用的线索. 【任务与素养】在明确头盔、人的上肢运动都会引起人对地雷压力变化的基础上，提出戴头盔的动作要满足什么条件才不引爆地雷的问题.对头盔、人的上肢及其运动建立模型，到有关资料中查找头盔的质量，估算身高1.8m的人上肢的质量、头盔向上移动的距离等数据，运用运动学公式和牛顿运动定律估算出人 **基于“学习进阶” 优化教学设计** ——以初中科学“根”的学习为例口杨尧飞1胡梦翔2 (1.宁海县教育局教科室，浙江宁海315600；2.宁海县胡陈乡初级中学，浙江宁海315632) 摘要：进阶学习理论融入科学教学实践，为初中科学教学提供了又一种科学、高效的学习路径和方法。简洁明了的进阶设计，抓住了教学的要点，分散了教学的难点，突出了学生学习的“盲点”，有助于教师的教育思想理念与学生的实际学情有机融合，针对问题，对症下药，强化精准教学，从而达到更好的教学效果。关键词：学习进阶；根；进阶变量；学习水平学习进阶理论是近年来教育界比较热门的一个新研究方向，描述了学生在学习某一主题时所遵循的学习路径，其中包含进阶起点、进阶终点、进阶变量、中间水平等要素。进阶起点是学生在学习前已有的认知和学情，进阶终点是要求学生达到的水平，在起点与终点之间是学生在学习过程中认知发展的逐层变化，包含多个进阶变量。在实施过程中，教师遵循由浅人深、由现象到本质、连续且螺旋上升的基本原则，引导学生基于脑海中的已有概念、经验递进学习，各个击破，最终达到进阶终点。进阶学习对地雷压力的变化要小于10²N，向上移动头盔的时间至少要大于某个值to.在此基础上为何苗在戴头盔动作要求方面提出建议. 整个过程需要学生自己明确问题、做出假设、寻找数据、进行推理、得出结论；需要同学间相互合作、集思广益；另外，有无人文关怀精神也将影响学生解决问题的动力和投人程度(物理观念、科学思维、科学探究和科学态度与责任一5). 最后有必要说明，将同一个真实问题情境的路径图，可以直观形象地整合成如图1所示。图1进阶学习的路径图设计成线索隐蔽度不同的习题，对教师来说，能提高有价值的真实情境的利用率；对学生来说，有利于形成对同一事物不断地质疑原有观点、不断地从不同角度提出问题进行深入探究的思维品质与能力，有利于形成严谨认真、持之以恒的科学态度.口 **参考文献：** \[1\]中华人民共和国教育部.普通高中物理课程标准(2017年版2020年修订)\[M\].北 **京：人民教育出版社，2020：46-48，54-55.**

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**论城市外来工聚居社区社会风险生成逻辑** **刘玉蓉** **摘要：我国现阶段正处在快速转型过程中，历时态风险共时态存在导致中国的社会风险呈现出多元化、复杂化态势，由于风险分配的不均衡及风险转嫁机制的存在，城市基层特别是外来工社区成为社会风险的聚集地。本文通过分析引发外来工社区风险发生的各种影响因素，以及这些因素的复合形态和力量结构对比，找出外来工聚居社区社会风险的生成逻辑，从而为确定风险源，及时调整相关政策，降低或消除社会风险提供理论依据。** **关键词：外来工聚居社区；社会风险生成逻辑；农民工问 _题_** **中图分类号：C912.81 文献标识码：A** **文章编号：1001-490X(2013)1-214-04** **作者：广东外语外贸大学政管学院副教授，博士；广东，广州，510420** **基金项目：广东省哲学社会科学“十二五”规划2011年度青年项目《广东省外来工聚居社区社会风险的甄别与防范机制研究》(GD11YZZ02)；2012年度国家社科基金项目“公共服务横向援助的政治逻辑与满意模式选择研究”(12CGL107)** **改革开放以来，我国的许多城市都形成了大量外来工聚居社区，这些以外来工为主体的流动人口及其在城乡结合部的自发聚居区和相对聚居区的形成，是在快速城市化过程中非均衡发展所出现的异质型社区，有其生长的必然性和内在合理性。但这些社区由于自身的特点也容易成为基层社会风险的“高发地”，成为社会风险蔓延和预警最脆弱的地带，为城市和社会管理带来较大压力。本文拟研究外来工聚居社区社会风险发生逻辑，以为外来工聚居社区社会风险防范提供理论依据。** **外来工聚居社区社会风险探源** **进入新世纪以来，我国的社会结构、社会组织形式、社会利益格局发生深刻变化，导致各种因素共生性和依存性不断增强，从而使风险的产生、传递和演变呈现出较强的多元性和隐蔽性。风险的度量多维，且不同维度的风险起因繁杂，使得安全隐患众多并且易发，加之影响因素具有隐蔽性、层次性和外部性，这些内生了风险控制难度。为了了解风险发生的逻辑，有必要对相关的影响因素进行详细考察和分析。** **第一，现行制度供给与需求的非均衡状态导致社会风险向社会底层聚集。吉登斯认为，与以往外部自然风险占主要地位不同，被制造出来的风险目前已经是人类发展至今所面临** **的主要风险。随着近代工业社会的发展，在人类活动的主要领域(政治、经济和社会)中，人类都创造了一系列实现自身活动目标的环境和规范性框架，而这也带来了另外一种风险，制度供给不足引起的风险。这种风险在社会转型时期表现得最为突出，因为在社会转型期，社会快速发展，对旧制度的抛弃速度很快，而新制度的供给又跟不上。社会就会处于一种无制度支撑的“真空”状态，这种状态会带来极大的社会风险。如在中国当前，旧的城乡二元管理模式已经越来越不适合社会的发展，没有新制度支撑的社会“非均衡”状态就出现了：“三农问题日益突出，城市治安日益严峻，城乡差距不断扩大等等。表现在外来工问题上，就是国家一整套的制度设计和安排，包括政治制度、户籍制度，以及由此衍生的社会保障和福利制度、劳动就业制度、人事制度、组织制度、人口迁移制度、教育制度、财政制度、住房制度等的不完善乃至缺失。制度性风险带来贫富分化差距，造成社会阶层的分化，也引发公众的不满、社会阶层的对立与隔阂。** **与风险相伴已经成为人类的基本生存状态。但显然，风险的分配在不同的人群中也是不均衡的。社会精英和利益集团作为制度的制定者，同时掌握着风险分配的权力，就像贝克所描述的那样，风险的分配权力掌握在社会的上层，风险则向社会下层聚集。对于现代政府而言，在风险社会中，如何有效应对各种风险固然重要，但形成--个合理的风险分配格局更是---个严峻的挑战。中国的社会风险阶层结构有日益定型和僵化的趋势，高风险、风险分配的不公正、日益两极化的风险阶层结构和不合理的风险分层机制，致使中国出现了比较严重的风险冲突。在风险分配过程中，政府如果没有尽到相应的责任，风险分配不均的现象将会进一步累积并不断地进行着恶性的再生产。** **外来工社区及聚居于此的外来T群体是城市中的弱势，社会中的下层，按照风险分配的逻辑，将日益成为风险叠加和风险转嫁的主要目标，再加上外来工群体对风险的认知能力较弱，使外来工聚居社区逐渐成为城市的风险高发地。** **第二，当地族群对外来工的排斥造成两群体的现实对立。法国学者勒内·勒努瓦(Rene Lenoir)首次提出了“社会排斥(social exclusion)”概念，并流行于法国，用以阐述被排斥在就业岗位正式来源和收人保障制度之外的特定的社会边缘群体的状态。\[21我国有学者认为社会排斥理论主要研究社会弱势群体如何在劳动力市场以及社会保障体系中受到主流社会的排挤，而日益成为孤独、无援的群体，并且这种排挤如何通过社会的“再造”而累积与传递。社会文化、社会结构、国家政策、现存的意识形态等多方面的因素制造了社会排斥，而社会流动率则反映社会排斥的程度。** **外来工群体作为世界上最大规模的流动人口，在城市缺乏机会参与一些社会普遍认同的社会活动，逐渐被边缘化或隔离，从而表现为在经济、政治、社会、文化及心理诸方面的长期鹰乏。除了受到制度上的隔离和排斥，在社会文化、社会交往方面也受到排斥，“农民工在城市中所遭受的社会关系网的排斥源于一种空间策略，一种污名化的叙事和话语系统，一种对社会资源垄断的偏好，一种社会距离的自觉生成，”3)城乡分隔的二元结构及其确定下米的社会等级构成引发了城市市民在心理和行动上对外来工的排斥。外来工在城市里生存所依靠的围绕血缘、地缘、业缘等同质关系构成的乡土网络则进一步强化了其生存的亚社会生态环境。这些社会排斥行为给外来工造成了巨大的社会焦虑和心理压力，并增加了社会不公感，阻碍了其与城市的融合进程，加剧了外来工群体与城市本土族群的对立。近年来，在我国的一些东南沿海乡镇，外来工与本地人发生群体性摩擦、冲突的频率明显加快，影响不断升级，甚至演变为恶性群体性事件的也不在少数。在这些发达乡镇，外米人口与本地人口出现倒挂，如在广州市增城的新塘镇，外来人口与本地人口比是2：1(50万：22万)，在大敦村，这一比例更是高达 11：1(8万：7千)。外来工与本地人之间的收入差距、公共福利差距，生活水平差距巨大，再加上一些地方政府和本地居民对外来工的制度歧视、意识歧视、管理歧视和生活歧视，使一些外来工开始萌发群体性对立情绪，形成外来工族群与本地居民间的“族群鸿沟”、** **第三，新生代外来工移民的困惑滋生反社会倾向。近年来，外来工群体内部出现明显的代际分层，80后新生代外来工逐步成为外米工的主体。据估计，我国现阶段新生代外来工总数约在1亿人左右，在我国2.3亿职工中，已经占将近一半。4新生代外来工有一部分是留守儿童，从小缺乏完整的家庭教育，抗挫能力普遍不强；有一部分是出生在城市，但又是农村户口而未被城市人接受的"农村人"。新生代外来工平均受教育程度较高，据统计，25岁以下的外米工，基本上都是初中毕业，高中毕业者比重也在逐步增加。但他们普遍没有从事农业生产的经历，也没有回到农村的意愿。这使不少新生代外来工有“愤青”情绪，他们有着改变现状的强烈渴望，但又不乐意吃苦，当向“上”的渠道被阻塞，就容易成为社会不稳定因素。** **有研究表明，新生代外来工的城市适应性普遍较低，尤其是在城市归属感和经济适应性方面适应程度更低。而个人因素(人力资本因素、个人主动性)对新生代外来工的城市适应性影响显著。新生代外来工在观念和社会认同上，迥异于他们的父辈，无论是跟随父辈进入新城市，还是作为故乡的留守儿童，无论是他们与社会的人际关系纽带，还是与社会联系的心灵纽带，都付诸阙如，在心理归属、价值归属上，亦无从依托，在城市中处于一种经济、社会、制度、心理等方面的综合困境中。\[6\]一方面，他们要继续遭遇父辈们所遭遇的制度歧视和各种不公正待遇，当前新生代外来工合法权益得不到有效保障的情况普遍存在，就业歧视、拖欠工资、超强度的加班作业、恶劣的工作及住宿条件甚至无理解雇行为，都严重地损害了新生代外来工的切身利益；另一方面他们又有迥异于父辈的要求。调查表明，新生代外米工有较强的创新创业意识，较强的维权意识和较强的人文关怀需求。他们的民主和平等意识更加强烈，不少新生代外来工已经意识到城乡分割制度对自** **己是不公平的。但同时他们又容易冲动，心理承受力和抗挫折能力较差。佛山市总丁会与佛山大学政法学院联合组织的“佛山市外来新生代员工状况研究”表明：在自身权益遭到损害时，新生代员工可选择的维权路径十分有限。很多人不是选择法律途径，也不是依靠组织有序调解，而是直接找企业领导或老板，甚至诉请群体性事件。调查数据显示，企图通过群体性事件维权的人高达45.43%，认为“事情闹大了就会解决”的人有 16.34%，如果失业了“只要有钱什么都于”的人有7.27%。 _7_ 在失去家庭道德权威环境下成长起来的这一代人，如果在城市融人中受阻而无法顺利进人社会，则极容易产生反社会倾向。** **外来工聚居社区社会风险出现多发，频发的趋向，风险的交叉性、综合性、动态性表现得非常突出。引发这些风险的因素不仅相互影响，还会相互叠加，是一种复杂的复合因素状况。所以要了解这些风险发生的逻辑，必须在弄清其影响因素的基础上，进一步分析这些因素之间的关系。在数理上，这三种影响因素的排列组合，可能出现7个区间，如图所示：** **图1 外来工聚居社区社会风险的影响因素结构示意图** **一外来工聚居社区社会风险分类及其发生概率排序** **(一)社会风险影响因素叠加区与社会风险分类** **为了进一步捋清外来工社区社会风险发生的逻辑及可能性大小，结合图1，可以发现三种因素的不同组合形成了七个区间，按照各种影响因素的组合特征，可以将社会风险进行分类。图中的七个区间，即与七种社会风险相对应，并可以归为以下三人类型。** **1，社会风险高发区。对应图中的A区，由二大风险因素高度叠加形成。这类社会风险的特征是，既受到制度因素的影响，又同时受到环境因素和个人因素的影响，是三种影响因素共同作用的结果，因此，这类风险属于高危风险，发生的可能性很大，破坏性很强，可能超越外来工聚居社区范畴，引发社会不同群体的连锁反应，从而对整个社会的稳定和谐构成严重威胁。如近年来东南沿海发生的各种群体性事件。** **2，社会风险警戒区。对应图中的B、CD区，由一大风险因素中的任意两个组合形成。其中B区对应的是个人因素和环境因素复合区，C区对应的是制度因素和个人因素复合区， D区对应的是制度因素和环境因素复合区。这一区域社会风险的共同特征是：风险的发生同时受到两个因素的影响，危险程度略低于A区，但往往处于警戒的边缘，一个导火索就可能引爆事件，因此也应当引起高度重视。** **B区的风险：如外来工社区中的许多“老乡帮”“同乡会”等类似黑社会组织的形成，就是由于许多外来工进人城市以后一方面迫于环境的压力，受到城市市民的歧视和排挤，感到自卑和失落，另一方面自身缺乏相应的谋生技能和较强的心** **理承受力，最后只能聚集到一起，拉帮结派，组织从事“收保护费”、“占地盘”等类似黑社会性质的活动，从而引发了外来工社区的治安风险。** **C区的风险：如造成我国城乡分割的户籍制度就将外来工屏蔽在分享城市的社会资源之外，出于户籍等制度的限制，使外来工付出了家庭分离、情感孤独、医疗缺失、子女教育问题等代价。而这些制度因素一旦和收人不稳定，身体健康状况差，抗压能力低或其他个人遭遇相结合，就会突破承受底线，引发风险。** **D区的风险：如外米工普遍对城市生活抱有很高的期望，有较高的就业技能和吃苦耐劳的优良品质，可是却由于制度安排的失当和环境的压力不得不链而走险，例如群体性事件中的普通参与者，事件的起因与他们毫无关联，而且他们也没有任何的利益指向，参与事件纯粹是为泄愤而想把事情闹大。** **3，社会风险潜伏区。对应图中的E、F，C区，由三大风险因素中的单个因素形成。这一区域的社会风险特征是：风险的发生大多为个案，不具备很大的破坏力，影响范围有限，大多数时候被忽视甚至被掩盖。但是如果风险因素聚集，个案频发成为共性问题，也会引发较大范围的风险，给社会带来危害性后果。如外来工社区中的自杀、斗殴、偷盗、家庭纠纷等引起的一般性治安案件。** **(二)外来工聚居社区各类社会风险发生之可能性考察** **在对社会风险进行分类的基础上，可以进一步探讨各类社会风险发生的可能性大小问题。结合图1，可以对各种影响因素的强度进行量化处理，对风险发生的可能性进行排序。在图1中，我们不妨设定，凡是被Ⅰ号圈覆盖的因素对风险的影响强度为a，Ⅱ号圈覆盖的因素对风险的影响强度为b，III号圈覆盖的因素对风险的影响强度为c。得到复合因素各区间影响强度函数：** **表1 复合因素各区间影响强度函数** | **区域** | **A** | **B** | **C** | **D** | **E** | **F** | **G** | | --- | --- | --- | --- | --- | --- | --- | --- | | **获值函数** | **Yl=a+b+e** | **Y2=a+b** | **Y3=s+C** | **Y4=b+c** | **Y5=8** | **Y6=b** | **Y7=C** | **由于 a、h、c的值均为正，从表1中可知，Y1的值总是最大的；Y2、Y3的值总是大于Y5，Y3、Y4的值总是大于Y7，Y2、Y4 的值总是大于Y6。对应各区间的社会风险可以看出，复合因素的结构对社会风险的发生有着显著的影响，对应的影响因素区间不同，其风险发生的可能性大小大不相同，影响因素高度叠加区风险发生的可能性最大；影响因素复合区风险发生的可能性相对降低，在一般情况下，会大于单独因素影响区；单独因素影响区社会风险出现的可能性相对较小。** **根据图1，我们可以推测各种因素引发社会风险的大致可能性，但这只是一个大的类别区分，除A区外，我们无法对社会风险发生的可能性进行精确排序，而这种排序是非常重要的。现实生活中爆发的风险表明，风险发生的可能性大小并不绝对按照影响因素高度叠加区--普通复合区----单独因素区的顺序排列，单独因素影响区引发风险的可能性也可能高过其他区域，为此，必须进一步研究各种影响因素间的力量结构。实际上，各种影响因素的强势程度或力量对比，同样对风险的发生产生关键性影响。** **表现在函数式中，赋值的不同变化可能会导致最终结果的不同，并引起数值排序的变化。我们可以以个人因素对风险** **影响强度最大，制度因素对风险影响强度最小，环境因素对风险影响强度最大，个人因素对风险影响强度最小，制度因素对风险影响强度最大、环境因素对风险影响强度最小这三种典型情况进行对比，观察力量结构的不同对风险产生的影响。在第一种情况下，我们设 a=4，b=2，c=1，在第二种情况下，设a=1，b=4，c=2，在第三种情况下，设a=2，b=1，c=4，得表2.** **表2 几种典型赋值状态下社会风险发生的可能性** | **区域** | **个人)环境)制度** | | **环境)制度>个人** | | **制度)个人)环境** | | | --- | --- | --- | --- | --- | --- | --- | | **区域** | **a=4.h=2，c=l，Y值为** | **推名** | **a=1，h=4，c=2，Y值** | **排名** | **a=2b=1，c=4，Y值** | **排名** | | **A** | **Y1=7** | **1** | **￥1=7** | **1** | **Y1=7** | **1** | | **B** | **12=6** | **2** | **Y2=5** | **3** | **Y2=3** | **5** | | | **Y3=5** | **3** | **Y3=3** | **5** | **Y3=5** | **3** | | **D** | **Y4=3** | **5** | **Y4s6** | **2** | **Y4=6** | **2** | | **E** | **Y5=4** | **4** | **Y5=1** | **7** | **Y5=2** | **6** | | **F** | **Y6=2** | **6** | **Y6=4** | **4** | **Y6=\]** | **7** | | **G** | **Y7=1** | **7** | **Y7=2** | **6** | **Y7=4** | **4** | | **可能性排序，** | **a>B>>F>D>F>G** | | **AD>D>F>C>G>E** | | **A>DXC>>B>E>F** | | **在表2中，三种因素影响强度的大小，对社会风险的发生产生了明显影响，并导致了差异的排名结果。何方力量最强，代表受其影响发生风险的可能性越大。在不同的力量架构下，即使影响因素的复合格局不变，发生风险的可能性也会出现明显变化。三种因素的复合情况以及力量格局，决定着社会风险发生的可能性。** **表2是几种较为特殊的类型，由于引发社会风险的三种影响因素力量强度不同，所以现实中发生风险的可能性大小是千变万化的。但可以指出的是，根据复合因素决定风险发生的论断，从现实已发生的风险中，亦可以反窥各影响因素的力量特点。根据不等式求解原理，从七类社会风险的最终排序结果中，可反推出引发风险的各种因素中何种因素处于强势，何种因素处于弱势，或者说风险的发生到底是制度因素，还是环境因素或个人因素。这既可以在符合E区因素F区因素、G区因素的三类风险发生的可能性大小中直接观察，也可以从符合B区因素、C区因素、D区因素的三类风险可能性中进行间接推算。** **三结论及启示** **第一，复合因素及其力量结构是引发外来工聚居社区社会风险的动因。有多重因素会对外来工聚居社区的社会风险产生影响，这些因素的复合格局及力量结构决定着社会风险发生的可能性，要想降低外来工社区社会风险发生的几率，必须减少风险因素的相互影响并改变其力量结构。一是尽量减少影响因素的高度叠加，也就是减少A区引发的风险。可以通过建立社会风险分布图来辨认社会风险，通过分析这些社会风险与制度、环境、个人等因素的相关关系，并根据对社会风险的信息搜索整理、归类分析排序，从中找出社会风险的周期性分布差异、强度分布差异、区域分布差异等，从而有针对性的降低影响因索叠加的可能性，达到分散风险的目的。二是改变各影响因素之间的相互关系和力量结构，减少影响因素之间的关联度，即减少影响因素的复合区产生。不同的社会风险有不同的因果联系，根据社会风险对社会的危害程度，抓住风险的主要因果联系，得到影响最大且急需处理的关键因素，** **然后再分析其他可能的影响因素，及时掐断其因果链，阻止社会风险的发生。三是调动整个社会资源，培育社会中间组织，增强社会的自治能力，从而使某种风险因素在引发社会风险之前被及时识别和化解。** **第二，制度因素引发的风险是外来工社区面临的主要风险，制度是出于集体生活需要而产生的约束个体行为的规则，是塑造社会秩序、控制社会冲突，进而减少人类行为不确定性的关键。尽管制度能够通过控制人们行为的不确定性来避免行为的风险，制度本身却由于存在着自身功能履行的不确定性而存在着风险。制度风险的存在基础是制度与相关的其他正式制度或相应的非正式制度之间的冲突，只要在同一场域内存在某种与制度不协调的正式或非正式制度，风险就可能发生。而现实中的制度建设遍及政治、经济、社会、文化等众多领域，并要进行制度之间的水平整合以及垂直整合等等，尽管其中的某一项制度就其自身孤立看来既必要又合理，但它在与同一场域内根据不同目的制定的其他制度的相归作用中可能出现冲突，进而引发制度风险。\[9** **制度风险属于社会结构层面的风险，而一个社会的稳定最主要是取决于社会结构的稳定状况，一旦社会结构层面的风险迅速恶化，就可能演化为公共危机，造成严重的、广泛的社会危害。目前国家关于城市外来工的一整套制度设计和安排都不完善乃至缺失，导致外来工在城市被严重边缘化，只能在社会的底层和夹缝中求生，由此引发了生存危机和心理危机，进而引发一系列衍生风险。** **事前控制是我们规避制度风险的最佳选择。由于制度风险实质是制度对同一场域内的其他正式制度或非正式制度的“不适应”，是制度与制度或制度与非正式制度之间的冲突，事前控制最终将以实现制度与制度及非正式制度之间的协调为基本方式具体到外来工社区而言，制度性风险的防范可以从以下几方面人手：一是从增强社会下层特别是外来工群体的物质承受力人手，进一步完善包括低保、养老、失业、住房、医疗、教育等方面补助的社会保障制度，增强弱势群体扺御与应对风险的能力。二是定期梳理、补充与完善各项与外来工相关的规章制度，逐步清理相互冲突、抵触的内容，实现各项制度之间的协调、无缝隙。三是充分发挥各种传统的非正规制度所能起到的重要作用，重视社区、家庭保障、非政府组织在社会稳定和化解社会风险方面的基础性作用，发挥和调动传统文化心理、习俗的社会风险自控机制的潜在价值。** **第三，社会风险的防控重心应下移至基层社区。基层社区的风险大多孕育在琐碎和微观中，极容易被忽视，而同时基层社会风险的燃点低，发展迅速，往往又是引发社会动荡的导火索。以往政府对社会风险的防控集中于社会风险已经形成系统威胁后的宏观对策与应急管理，而对社会风险的微观产生过程、从微观向宏观的传递与放大机制缺乏深人了解。外来工聚居社区是城市基层各种风险因素的汇聚地，外来工社区社会风险的生成逻辑就是社会风险在微观层面的一个反映。因此，只有将风险防控的重心下移到基层社区，才可能真正了解风险的根源，并对其进行有效识别和分析。一是准确查找外来工社区的风险点。根据外来工聚居社区风险变化的特点，结合已往风险高发点、风险治理中的经验教训及外来工工作，生活的最新发展态势查找风险点，重点查找与外来工切身利益相** **关的工作环境、劳动权利、子女教育、基层下部工作方式等方面的不足，查找出每一方面可能产生的风险隐患，确定风险点，二是划定风险等级。依据查找出的风险点的多少和风险发生的几率及社会危害的大小等内容，对风险点进行风险等级评析和确定。三是开展重点风险提示，风险等级评定完成后，要把风险点和风险等级等内容向相关公务人员进行提示，从而提高防范意识。** **完成了风险识别及风险提示后、可以采取以下具体措施来对风险进行防控：一是进一步完善基层矛盾纠纷排查调解工作，实现基层矛盾人民调解、行政调解、司法调解有机结合，综合运用法律、政策、经济、行政等手段和教育、协商、疏导等办法，把矛盾化解在基层、解决在萌芽状态，及时发现并化解风险：二是畅通外来工利益诉求表达机制，在涉及到公共资源分配、公共事务决策等问题上，给予外来工群体更多的发言权和更公平的发展机会、发展环境和保障条件；三是在社区层面成立类似“外来工之家”的专门服务机构，着力解决外来工群体反映最为强烈的问题，坚决纠正损害外来工利益的行为，为外来工在城市的生活排忧解难，正如管理学中的“短板理论"：水的外溢取决于水桶上最短的一块木板，所以社会风险也最容易在承受力最差的弱势群体身上爆发。外来工群体作为弱势群体的典型代表，在城市社会资源分配中处于劣势，生活质量层次较低，心理承受能力较弱，如果再感觉自己的不利处境是由于既得利益群体的剥夺，社会稳定与发展无疑将面临巨大挑战。因此，对外来工社区社会风险的治理应多管齐下，从政府层面来讲，应将补偿性政策与发展性政策互补共治；从社会层面来讲，应调动各种社会力量关怀外来工群体，使其不满情绪得以合理的释放；从个人层面来讲，应加强对外来工特别是新生代外来工的教育和培训，使其正视自身责任，塑造自立自强文化精神。这些措施既有物质层面的支持，义有道德方面的关怀，将为外来工在城市生活、工作创造良好的发展环境，进面促进外来工社区与城市的不断融合，达到降低风险的目的。** **参考文献：** **\[1\]吉登斯：《失控的世界》，江西人民出版社2001年版。** **\[2\]李景治、熊光清：《中国城市中农民工群体的社会排斥问题》，《江苏行政学院学报》2006年第6期。** **\[3\]潘泽泉：《社会网排斥与发展困境：基于流动农民工的经验研究--弱势群体能否共享社会发展成果》，《浙江社会科学》2007年第2期，** **\[4\]易传和、谭璐：《返乡农民工创业的投人产山关系分析》，《求索》2012年第8期。** **\[51郑梓桢、刘风至、马凯：《新生代外来务工人员城市适应性：个人状素与制度因素的比较》，《人口研究)2011年第5期。** **L6」主佃利、刘保军、楼苏萍：《新生代农民工的城市融人——框架建构与调研分析》，《中国行政管理》2011年第2期：** **\[7\]佛山市总工会：《佛山市外来新生代员工状况的调查、思考和建议》，佛山市总工会，2011年。** **\[8\]邓秀华：《新生代农民工问题及其市民化路径选择》《求索》2010年第8期。** **\[9\]\[10\]李文祥：《论制度风险》，《长春市委党校学报》2008年第5期。** **(责任编辑：南** **桥)**

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**doi：10.13582/j.cnki.1674 -5884.2015.11.023** **创造力教育在国内外的研究现状及发展趋势** **赵丽，吕文皎"，邰鹭明：** **(1.福建师范大学光电与信息工程学院，福建福州350007；** **2.原平市教学研究室，山西原平034000；3.福建省教育学院，福建福州350007)** **摘要：创造力是教育、培养和实践的结果，是科技发展的源动力。随着近年来对创造力的逐步重视，创造力教育在国内外迅速发展并成为衡量教育水平高低的重要指标之一。本文通过引用大量的文献以及政策法规，综述创造力教育在国内外的发展现状及发展趋势，论述吉尔福特创造力测量方法、托兰斯创造性思维测验方法以及叶玉珠教授创造力测量方法，并在此基础上探讨创造力教育在未来的发展趋势。本研究为我国创造力教育的发展现状提供参考，为建立符合时代发展要求的新教育观念和体制提供理论支持。** **关键词：创造力教育；问卷调查；研究现状；发展趋势** **中图分类号：G40 文献标志码：A 文章编号：1674-5884\[2015)11-0071-04** **1 创造力教育的概念** **创造力教育是指与提倡创造力有关的制度、政策、环境以及学校中与创造力相关的教育措施。在学校教育中，创造力教育指学校的创造力教学，教师通过课程内容及有计划的教学活动，激发和助长学生创造力的一种教学11，\[231-21。** **早期的创造力教育类似于精英教育，主要针对优等生或者某方面有特长的人群，且主要集中在艺术、科技等特殊领域。随着时代的发展及研究的深入，学者们逐渐意识到事实上人人都有创造力，且创造力是可以培养的，从而开始大规模地推广创造力教育。20世纪中叶美国心理学家吉尔福特在就任美国心理学会会长时发表就职演说《论创造力》。从此，创造力的科学研究拉开序幕。如今，世界各国无不将创造力的培养作为本国科技、教育、文化发展的重中之重，各国之间的竞争也演变为创造力的竞争3。创造力的发展对经济社会的关系重大，其相关研究也备受瞩目。** **_2_ 创造力教育在国内外的研究现状** **_2.1_ 创造力教育在国外的研究现状** **以《论创造力》的发表为标志，美国是最早开始进行创造力科学研究的国家4。当时的研究更关注个体的创造力、个体的行为特点等，局限于艺术、科技、工程等领域，注重研究某方面有特殊才能的特殊人群。如今，美国等发达国家正从工业经济转向知识经济，这种转变也对社会各界教育的开展提出了新的要求，也使创造力的培养显得更为重要。** **20世纪70年代开始，随着经济的发展，与创造力息息相关的美国艺术教育界不再仅仅“为了艺术而艺术”，他们更关注艺术教育为学习者带来的认知成长、创造力培养等方面的贡献，并将这些优势运用到其他方面4。20世纪80年代，日本成立了创造学会和创造开发研究所。在创造力教育的教材建** **收稿日期：20150420** **基金项目：福建省教育厅资助项目(JA09341S)** **作者简介：赵丽(1990-)，女，山西晋城人，硕七，主要从事创造力教育研究。** **设、课程设置以及创造力教育教学方法等方面取得了显著的成绩。除此以外，法国、英国等发达国家也纷纷把提高国民素质作为教育改革的核心和“国家最优先发展的课题”161。20世纪90年代，随着信息时代的到来，研究者们逐渐意识到，人人都具有创造力的潜能。原本认为个体认知仅存在与个体头脑中的观点已太过片面，认知现象也体现在合作情境、人机交互中，因此，提出了分布式认知的理念。随着计算机在教育方面的应用，计算机支持的协作学习(CSCL)开始走人人们的视眼。CSCL 应用交互技术，更关注于学习过程中的个体职责和小组协作。2003年，Paul B. Paulus 和 Bernard A. Nijstad发表著作《小组创造》，学者们已从过去的关注个体创造力转变为关注小组协作的创造力。2011年，基思·索耶博士在上海的一次演讲中提到培养创造性学习与授受主义的差别。授受主义诞生于20世纪初，这种方式追求效率，在课堂中主要是教师对课堂进行控制，以知识的灌输为主。就创造力的培养而言，著名心理学家费尔德曼认为，创造力的培养不是单因素作用的结果，需要家庭环境的支撑、家长的支持和鼓励、教师的指导、同辈之间的互动以及实践机会的把握1811-21。** **2.2 创造力教育在国内的研究现状** **由于社会历史的原因，国内对创造力教育的研究起步较晚。20世纪初，我国著名教育家张伯营先生、陶行知先生等人相继意识到创造力教育的重要性，并提出相关理论与实践要求。20世纪30年代，著名教育家陶行知先生开展了一系列创造力教育的实践9.。** **近年来，随着社会经济的发展，人们越来越意识到创造力培养的重要性，创造力教育的研究也轰轰烈烈地开展。1985年，中国发明协会成立，该协会设有“创造力开发委员会”“高校创造教育分会”“中小学创造教育分会”努力推动创造教育的发展进程；1999年，全国教育部第三次会议正式提出素质教育的发展要求。在素质教育思想的推动下，素质教育在我国各级各类学校开展起来，为创造力教育打下了基础。教育部科技司、共青团中央学校部和中国(科协)科普研究所于1998年、2000年和2002年连续3次发起全国青少年创造能力培养社会调查和对策研究，对我国青少年创造能力培养的现状进行讨论和分析，并提出了相关对策和建议。** **随着研究的推进，不同学者关于创造力的研究思路、研究方法、研究侧重点也各不相同，对于创造力的理解更是莫衷一是。陈昭仪教授认为，在校园中推行创造力教育，关键是要在教学与辅导过程中进行融入式的创造思考教学101。创造思考教学的内涵是五力四心。五力(能力)是指敏觉力、流畅力、变通力、独创力及精进力，四心(情意特质)是指想象力、挑战性、好奇心以及冒险性。马抗美教授针对我国青少年创造力教育的现状，提出要高度重视创造力教育，在考虑学校发展规划、人才培养模式、学科建设、师资队伍建设、经费分配等问题时，要把有利于学生创造能力的培养作为一个重要因素。要整合社会上和学校内的资源，为学生创新、实践活动提供条件：。赵海认为，创造力教育的实施对于学生的影响应是全面的和全方位的，它对学生的综合心理素质也会产生积极的影响。因此，创造力教育的测量指标应包含学生综合心理素质水平1121。刘仲林通过比较东西方的创造教育的起源、目标与方法等，提出“成物”与“成己”会通、创造自觉”与“创造技法”会通、创造哲学”与“创造心理学”会通，是“东西方创造教育会通”新模式的核心内容。** **3 创造力测量方法在国内外的研究现状** **由于学者们对创造力的定义不同，所依据的理论基础不同，因此研究角度和侧重点也各不相同。如今，有关创造力的测量量表多达上百种\[4\]。创造力与创造力教育息息相关，但是，目前国内用于创造力教育测量的问卷还比较少。** **创造力的界定是对创造力进行测量和评价的前提。目前，对创造力界定的观点和角度主要包括发散思维测量、创造性人格评价、创造性产品评价、主观评价法、创造力实验法。基于这些界定方式，对创造力的评价方法主要有标准化的测量方式、创造力产品评价、主观评价法、创造力实验法和档案袋评价法151** **发散思维测量和创造性人格评价一般均基于标准化的测量方式116\]。发散思维测量基于过程的角度。理论基础是吉尔福特的创造力的发散思维观点。档案袋评价法也是一种综合化的评价方法，将平** **时的表现归档整理，再进行具体分析7。** **3.1 创造力测量在国外的研究现状** **3.1.1 吉尔福特创造力思维测验** **最早的创造力测量工具是根据美国南加州大学心理学教授吉尔福特的智力结构理论编制的\[3.18\]。吉尔福特的智力结构主要包括3个维度，分别是思维的变通性、流畅性、独特性，主要考察发散思维能力。这3个维度是吉尔福特的儿童创造力测验编制的基础。该测验共14个项目，主要由5个言语和5个非言语测验组成。具体内容包括给故事取名字、从复杂图形中找出隐藏的字母等。这套测验的适用对象为初中生。吉尔福特的另一套测验也由言语测验和非言语测验组成，适用于初中以下的学生。这2套测验均依照计分手册的标准，根据被试反应速度、新颖性等进行记分。** **3.1.2 托兰斯创造性思维测验** **托兰斯创造性思维测验由美国著名心理学教授托兰斯编制。该测验应用广泛，不同年龄阶段的人皆可用它进行测试。具体来讲，该测验主要用于考查被试者的发散性思维能力。该测验包括口头和图形2种版本，均为开放性的题目，且均以游戏的形式组织呈现。主要评分依据是被试者答案的流畅性、变通性、独特性以及精细化。考察内容主要包括3个方面，言语、图画、声音词语。该测验的不足之处在于被试者创造力的成绩受到其言语表达流畅性的影响，虽然词语的流畅性是一个重要的方面，但据此来判断其创造性思维能力就显得有些以偏概全9。** **3.2 创造力测量在国内的研究现状** **近年来，人们逐渐意识到培养有用的能力比传授知识更为重要，社会各界对创造力的培养日趋重视，学者们对于创造力的相关研究也越来越多。在创造力的测量方面，也取得了令人欣慰的成果。** **3.2.1 全国青少年创造能力培养调查问卷** **2009年10月，南京市对18所中小学学生的创造力进行问卷调查，主要侧重于调查青少年对脑科学和创造学有关知识的了解程度，青少年的心理发展特点，对创造活动的认识与行为取向的关系，以及青少年所处学校、家庭、社会环境对其创造力形成的影响。除此之外，还包括青少年对创造成果的影响及保护的认识等20115-30** **3.2.2 台湾国小学童科技创意发展的因素问卷** **台湾国立政治大学师资培育中学叶玉珠教授于2005年编制了3份影响台湾国小学童科技创意表现的量表。包括台湾国小学童科技创意发展个人因素量表、台湾国小学童科技创意发展家庭因素量表、台湾国小学童科技创意发展学校因素量表。该量表以创造力发展的生态系统模式为理论基础，主要考察在小学生科技创造力发展的过程中各因素的影响。通过调查2166名小学四~六年级学生，发现该量表具有很好的内部一致性信度以及结构效度。其中，个人量表包括4个因素，分别是富于想象、多元思考，善于调试与分享、乐观积极，善于学习与自省、追求进步，喜欢阅读、兴趣广泛。家庭量表主要包括提供意见及学习榜样、提供学习机会及支持鼓励等。学校因素主要包括支持与鼓励的教学态度、讨论与探究的教学方法、激发创意的学校活动、支持创新的学校环境。** **3.2.3 青少年科学创造力测验量表** **申继亮、胡卫平等122以科学创造力的结构模型为基础，结合青少年科学创造力的表现，并参照托兰斯的创造性思维测验，编制了青少年科学创造力测量量表。该量表共有7道题目，分别是物体应用、问题提出、产品改进、科学想象、问题解决、科学实验、产品设计。通过对英国和我国山西某中学的学生进行初测，中英两国学生测试所得 Cronbach 系数分别为0.775和0.893，并具有良好的结构效度。在此基础上，选取英国和中国共2174名学生进行测试，确定了青少年科学创造力的常模。** **_4_ 创造力教育在国内外的研究趋势** **国内外研究者在创造力和创造力教育方面得出比较一致的结论是：创造力是个体普遍具有的心理能力，创造力是教育、培养和实践的结果。因此，如今研究者们不再关注对少数天才的研究，而是认为每个人都具有创造力潜能，每个人的创造力都能通过适当的教育来提高23.。** **关于创造力的知识、人格、组织与文化等因素的研究成果表明，创造力的培养需具备很多条件，但这些条件都是必要的，而非充分条件。研究者近期关注的焦点在于创造性成果是如何通过必要条件相互作用而产生的。因此，在探讨各个因素间相互作用的过程中，研究者们试图建立起能够揭示各因素之间相互作用的关系模型。在建立模型的过程中，必然会用到心理测量法。出于对发散思维测验的反思，研究者在研究过程中提出了一些新的测量方法，如创造性产品的等级评定问卷、同感评估技术等，这些新的测量方法为创造力的研究提供了数据收集基础1241。** **我国的创造力教育应在继承20世纪初创造力教育探索成果的基础上，着眼建立起一个既具有东方创造力教育特点，又充分吸收和借鉴西方创造力教育理论和方法，打破东西文化的隔阂，拆除不同学科之间的樊篱，推动东西方创造力教育的互动，中国教育变革与中国哲学创新的互动；进行跨文化、跨学科的前瞻性探索，建立符合时代发展要求的新的教育观念和体制2** **参考文献：** **\[1\]陈龙安.台湾的创造力教育发展与突破之道\[J\].创造学刊，2010，1(1)：5-37.** **\[2\] Gaggioli A， Riva G， Milani L， et al. 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**2021年“书香西藏”全民阅读倡议书** **在全区各族人民喜迎中国共产党成立100周年、西藏和平解放70周年的重要时刻，我们迎来了第26个世界读书日，拉开了2021年“书香西藏”全民阅读活动的序幕，我区将开展以“共庆百年华诞、共创书香西藏”为主题的系列阅读活动。** **习近平总书记指出：“要提倡多读书，建设书香社会，不断提升人民思想境界、增强人民精神力量，中华民族的精神世界就能更加厚重深邃”。党中央决定在全党开展党史学习教育，我们要重点学习《论中国共产党历史》《毛泽东邓小平江泽民胡锦涛关于中国共产党历史论述摘编》《中国共产党简史》《习近平新时代中国特色社会主义思想学习问答》等重要文献书籍，做到学史明理、学史增信、学史崇德、学史力行。我们要学好党史、用好党史，用党的奋斗历程和伟大成就鼓舞斗志、明确方向，用党的光荣传统和优良作风坚定信念、凝聚力量，用党的实践创造和历史启迪智慧、砥砺品格。** **新时代学习党的历史、弘扬党的传统、开启新的征程、创造新的伟业都离不开读书学习的滋养，站在历史的深厚基础上，让我们深刻学习领会新时代党的创新理论，准确把握新发展阶段，深入贯彻新发展理念，加快构建新发展格局，继续发扬为民服务孺子牛、创新发展拓荒牛、艰苦奋斗老黄牛精神，凝聚起推进西藏长治久安、高质量发展的磅礴力量。** **书籍是知识的载体、智慧的结晶，是人类进步的阶梯。读书，决定着一个人的修养和境界，关系着一个民族的素质和力量，影响着一个国家的前途和命运。耕读传家久，诗书继世长。通过开展丰富多彩、各具特色的阅读活动，引导和动员更多的人民群众参与到读书学习活动中来，不断提升阅读兴趣、养成阅读习惯、提高阅读能力，不断增强思想道德素质和科学文化素质，在全社会大力营造爱读书、读好书、善读书的良好氛围，使阅读理念更加深入人心，阅读氛围更加浓厚，阅读影响日益深远。** **让我们在春天里相约，一起走进书的世界，把阅读活动作为一次新的耕耘与播种，让我们的双眼因为阅读而闪亮，让我们的内心因为阅读而充实，让我们的人生因为阅读而厚重，让我们的每一天因为阅读而变得更加美好，让阅读伴我们成长、伴我们前行，让书香溢满雪域高原。** **西藏自治区全民阅读活动领导小组办公室** **2021年4月23日**

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**对我国延迟退休问题的思考** **摘要：随着经济的发展和社会的进步，人们的生活水平及医疗水平在不断的提高，人均的寿命逐渐延长。所以现阶段我国的人口老龄化问题比较严重，养老压力也在进一步的加大。而延迟退休能够在一定程度上缓解这些问题，在缓解养老支付压力的基础上还能够在一定程度上控制收支缺口，促进我国国民经济的增长和发展。但是就目前我国的社会体制和市场经济环境以及广大民众的身体健康水平来看，实施延迟退休对于我国的民众来说既有正面影响也有负面影响。本文就我国推行延迟退休的原因进行了论述，阐述了延迟退休对我国民众的积极作用和给民众带来的问题和困难，进一步提出了应对延迟退休所带来问题的措施。随着经济的发展和社会的进步，人们的生活水平及医疗水平在不断的提高，人均的寿命逐渐延长。所以现阶段我国的人口老龄化问题比较严重，养老压力也在进一步的加大。而延迟退休能够在一定程度上缓解这些问题，在缓解养老支付压力的基础上还能够在一定程度上控制收支缺口，促进我国国民经济的增长和发展。但是就目前我国的社会体制和市场经济环境以及广大民众的身体健康水平来看，实施延迟退休对于我国的民众来说既有正面影响也有负面影响。本文就我国推行延迟退休的原因进行了论述，阐述了延迟退休对我国民众的积极作用和给民众带来的问题和困难，进一步提出了应对延迟退休所带来问题的措施。** **关键词：延迟退休积极作用问题困难措施** **一、我国推行延迟退休的原因** **现阶段我国推行延迟退休的原因主要是由于近年来我国正面临着巨大的养老金给付压力，而且养老金的资金缺口在逐渐的加大，到2014年，我国养老金的资金缺口已经超过20亿，而且还在呈现着稳步上升的趋势，这样一来就在很大程度上增加了我国政府的压力。延迟退休能够有效的减少养老金的支付，从而能够有效的减少养老金的资金缺口，能够在一定程度上减少我国财政支出的压力，对于提高我国的竞争力，促进我国的可持续发展和进步有着十分重要的作用。而且从男一个方面来看，我国国民的身体素质在不断的提高，所以在我国推行延迟退休是十分必要和重要的。** **二、延迟退休对我国民众的积极作用** **通过相关的调查研究和总结分析可以得出，我国延迟退休对于我国民众和社会经济的发展和进步都有着一定的积极作用，具体内容主要表现在以下几个方面：** **1.缓解了养老金支付的压力，职工退休后就会从养老保险的缴纳者直接变为养老保险的领取者，这样一来无疑就加大了养老金的支付压力，而推行延迟退休能够通过增加养老保险的缴纳时间能够有效的减少养老保险的支付压力，也就是说通过增收减支，不仅能够缓解养老金支付压力而且能够在一定程度上减少养老金的资金缺口，还能够在一定程度上增加养老金的节余，从而有效的保证养老金账户的稳定性和持续性。** **2.增加了民众的经济收入。延迟退休能够让相关的工作人员有机会多工作几年，这样一来就使得相关的工作人员通过获得薪资来增加自己的收人；从另一方面来讲，延迟退休能够在一定程度上增加退休后养老金的收入，从长远来看，也增加了相关工作人员的经济收入；而且对于女性来说，现阶段女性的退休年龄比男性晚5年，而通过延迟退休以及男女退休年龄相一致相关政策的落实，能够使女性通过工作获得更多的经济收人，从而能够在很大程度上提高女性的老年生活水平。** **3.提高了人力资源利用的效率。就目前情况来看，随着教育水平的不断提高，相应的参加工作的工作人员的年龄也在逐渐增加，而如果依旧采用现行“男60周岁退休、女50或55周岁”退休的退休规定，无疑缩短了相关工作人员的工作年限，这样就容易导致一些受过高等教育的高精尖人才会在拥有更多的工作经验和专业知识的情况下面临退休的风险，这对于国家** **米说就是人才的流失和浪费，而延迟退休能够有效的缓解这个问题，提高人力资源的利用率，能够有效的提高我国的核心竞争力，对于国民经济的增长和国家的进步和发展都有着十分重要的作用。** **三、延迟退休给民众带来的问题和困难** **延迟退休在给民众带来一定的积极作用的同时，也会带来一定的问题和困难，就目前我国发展的现状和现有的体制来着，延迟退休给我国广大劳动人员带来的问题和困难主要表现在以下几个方面，具体内容如下所述：** **1.增加了就业压力。延迟退休会在很大程度减少工作岗位，就我国目前的就业形势来看，本来就是供不应求，在加之延迟退休就会在很大程度上增加就业的压力。据相关的资料显示，每年我国都会有超过300万的退休人员，而延迟退休无疑就会减少300万的工作岗位。虽然延迟退休从长远来看能够推动我国经济的增长和发展，从而提供更多的就业岗位，但是从短期来看，延迟退休减少了就业岗位，增加了我国民众的就业压力。** **2.增加了企业的缴费负担。就目前形势来看，面临退休的老员工的薪资普遍高于新员工，所以企业就需要为其缴纳更多的养老保险费、医疗保险费等其他相关的费用，而一些老员工的综合素质不够高，也不能及时的接受现代社会的新知识和新技能，不能为企业创造更多的经济效益。这样一来无疑就增加了企业的缴费压力，在很大程度上降低了企业的竞争力，不利于企业的长远发展和进步。** **3.损害一些工作人员的切身利益。众所周知，延迟退休就意味着推迟领取养老金的时间，而且还会缩短领取养老金的年限。这样一来对于那些内退的人员、失业的人员和下岗人员来说无疑影响了他们切身的利益，而这种情况的存在是普遍的、不可忽视的。所以说，延迟退休给相关的工作人员带来了很大的困难，减少了相关工作人员的经济收入，降低了相关工作人员的老年生活水平。** **四、应对延迟退休所带来问题的措施** **通过上述对现行社会体制下，我国实施延迟退休给相关的工作人员带来的困难和问题是不可忽视的，但是延迟退休又是为了促进我国发展，提高我国竞争力，使我国获得更多的经济效益和社会效益的必然趋势。所以根据我国的国情和社会发展的现状，提出切实可行的应对延迟退休所带来问题的措施是十分必要和重要的。笔者根据相关的调查研究和多年的工作经验，总结出以下几点应对延迟退休所带来问题的措施。** **1.解决养老金双轨制问题。现阶段我国实施的养老金缴纳制度存在双轨制，具体来说就是国家公务员等相关的工作人员在工作期间不仅不需要缴纳养老金，而且退休后还会享受比较高的养老保险，而对于一般的工作人员来说只有在工作期间缴纳了一定的养老金，在退休后才能够领取相应的退休金。这样一来不仅由于不公平制度存在降低了相关工作人员的工作热情和工作积极性、而且在很大程度上减少了养老金账户的收人，而且增加了养老金资金的缺口。所以实施养老金并轨能够有效的缓解上述问题，从而从根本上促进国家经济的发展和社会的进步。** **2.实施柔性退休制度。柔性的退休制度能够有效的缓解强制退休制度给相关工作人员带来的压力。柔性退休制度需要包括提前退休年龄制度规范和规定退休年龄制度规范，可以在相关的工作人员达到提前退休年龄时自行选择退休还是继续工作，而且要有相关的制度规范对这些工作人员进行管理、在达到提前退休的年龄时可以退休但不能享受全部的退休金，而达到规定的年龄退休的人员可以享受全额的退休金。** **3.科学地提高退休的年龄。科学地提高退休年龄能够有效的缓解由于一刀切给相关工作人员带来的压力和恐慌，可以提前做好相关的宣传和准备工作、通过试行来逐步提高退休的年龄。要做好相关的调研工作，不能操之过急，科学合理的来规划和完善养老制度，在缓解现阶段养老资金缺口比较大的问题的基础上减少相关工作人员的压力，进一步提高我国的** **Frontier 前沿汇** **国民经济和竞争力，促进我国更好更快的发展和进步。** **综上所述，我国实施延迟退休制度是大势所趋，也是缓解我国养老资金缺口，减轻国家财政压力的重要方法，但是在实施的过程会给相关工作人员带来一定的困难和压力。所以根据现阶段我国发展的实际水平，不断的完善延迟退休的相关的制度规范是十分必要和重要的，也是需要相关的工作人员一直努力的方向和目标。IM** National Social Sciences Database **参考文献** **\[1\]冯锦彩，王杰，我国延迟退休政策的利弊分析及政策建议J.现代商业，2015(21)** \[2\]苏梦曦.关于延迟退休政策的思考以及政策建议\[J\].现代经济信息，2015(5) **网购消费者抱怨行为的影响因素及补救措施** **金龙哲延边大学经济管理学院** **摘要：顾客抱怨是目前网上购物较为常见的现象。如果企业对顾客抱怨没有处理或处理欠妥，将会导致大量的顾客流失以及相应的经济损失。因此，本文通过对目前网上购物的现状分析，提出了影响网购消费者抱怨行为的影响因素及面对抱怨行为时的补救措施，以促进网购的健康发展。** **关键词：网上购物消费者抱怨行为补救措施** **一、我国网上购物的现状** **随着电子商务的迅猛发展，我国网购市场的规模不断扩大。从2007年至今，我国网民的数量急剧增长，网上购物的比例也随之增加。因此，各大网购网站为了抢占商机，致力于打造更加简单方便的购物平台，这样可以吸引更多的互联网用户前来购物，使得网购的门槛越来越低，只要会上网就可以学会网络购物。现在我们随处可以看到许多中年人甚至老年人进行网上购物，可见网购已经不是年轻的专属，网络购物市场的逐渐成熟，使网上购物呈现出巨大的发展潜力。然而，网购市场在快速增长的同时，网购投诉事件也频频发生，严重挫伤了顾客上网购物的积极性。网络服务的服务人员与顾客之间的地域和空间的距离差异，是网络服务服务失败的一个直接原因，很难避免。而网络服务失败的出现，也给网络商家带来了难以估量的顾客损失和经济损失。因此，网络商家在服务失败后采取有效的补救措施成为企业重获顾客满意，维持顾客忠诚的最有效途径。补救措施是网商针对网购失误和网购投诉的顾客提供的一种服务。网络商家及时的服务补救能够有效减少消费者的差评，获得消费者的谅解。服务补救质量的好坏对于挽回顾客满意以及维持顾客忠诚的影响很大，而这种影响又对顾客实际的购买行为起关键作用。因此，加强网络商家对服务补救的重视，提高网络商家的服务补救意识，改善网络商家的服务补救措施显得十分重要。** **二、网购消费者抱怨行为的影响因素** **1.顾客因素** **了解顾客抱怨行为的影响因素，对于处理顾客抱怨行为有很大的帮助。消费者的抱怨行为是在消费者消费以后，因这段消费经历而产生一定程度的不满，并且消费者不可能很快遗忘该不满。消费者的这种抱怨行为是--种发泄愤怒以寻求补偿的方式。因此，顾客作为一个独立的个体因素，可以对抱怨行为产生影响。许多学者研究表明，教育程度和收人水平较高的顾客更倾向于直接投诉。性别对于顾客的抱怨行为也有一定的影响。我们都知道，男性比女性能更愿意公开地表达自己的不满，并且当他们严重不满时比女性更愿意采取强烈的行动，相反女性在公开场合发表见解时更为敏感和拘谨，更加不会采取相应的激进行为。因此，女性在网购时，进行公开抱怨的可能性较男性要低。同时，消费者性格的不同，也影响抱怨行为。个性积极的顾客，可能会觉得自己也要对所发生的事情负责任，因而较少有抱怨；个性消极的顾客，可能会觉得自己的命运被商家所掌控，受到了商家的欺骗，因而抱怨的可能性更大。此外，有研究发现，抱怨倾向还与顾客对抱怨的态度有关。如果顾客认为抱怨是合情合理的正常行为，那么抱怨的可能性就很大。如果顾客认为抱怨并不是解决问题的方法，而需要耐心的与服务人员进行沟通，那么就不会产生抱怨。** 数据库 **2.情境因素** **有学者认为，情境因素有利于理解顾客的抱怨行为。对产品或服务的不满意是导致顾客抱怨行为的原因，顾客不满意是抱怨行为的直接原因，而产品缺陷或服务缺失是引起顾客不满意的主要原因。并且顾客直接投诉与其不满程度之间是存在着一定的线性关系的，也就是说，不满程度越高，直接投诉的可能性就越大。产品的重要性也与顾客抱怨行为有关。而产品重要性的评估指标主要是产品的消费金额以及在生活中的必要性和能见度。如果出现问题的网购产品的价格较高，且人们在生活中对该产品较为依赖，较为重要，那么顾客采取抱怨行为的可能性就会越大。顾客在网购过程中的参与程度也会影响顾客的抱怨行为。顾客在网购过程中的参与程度越高，其所承担的责任也就越多，在产品没有达到期望值时更倾向于不抱怨。而参与度低的顾客，由于没有相应的责任归属、更容易感到生气或愤怒，而出现抱怨行为。如果顾客将产品的缺陷或服务的不周归因于企业，则往往会导致抱怨行为的产生。如果顾客将问题归因于自已或企业以外的其他因素，则更倾向于不抱怨。有些顾客会觉得服务行业也不容易，如果服务人员因为自己的抱怨而受到惩罚，内心会感到不安，因而往往不提出抱怨。购买频率和交易频率也影响顾客抱怨行为。购买频率和交易频率越高，直接投诉的可能性越大。此外，如果企业声誉良好，顾客会觉得自己抱怨成功的可能性越大，更倾向于选择直接抱怨。** **3.文化因素** **文化也是影响顾客抱怨行为的重要因素。文化作为一个复杂的整体，它的覆盖面很广，包括信念、艺术、道德和习俗等等。权利的不平等性对网上购物顾客的影响主要是，在享受服务的过程中，权利相对较弱的顾客会比较容易接受权利的不平等，因而不常出现抱怨。对于权利相对弱势的顾客而言，抱怨行为也与其教育程度和沟通技巧等成正相关。一般认为，在集体主义意识较强的人群中，人们更倾向于私下抱怨，而不会采取过激的抱怨行为。因为在集体主义的文化氛围下，人们会优先考虑维持社会和谐或者与人为善，和睦相处，所以一般不会在公共场合直接表达自己强硬的态度或者负面的情绪，以影响周围和谐和他人心情。在个人主义意识较强的人群中，顾客常常不会考虑给他人带来的不便，一旦产品或服务使他们不满意，就会采取积极的措施来表达自己的意见，行使自己的权利，对商家进行投诉和抱怨。同时还要考虑社会的性别划分，如果整个社会偏于男性化，则网购失败的客户一般会采取较为直接和果断的方式来表达自己的不满，如果整个社会偏女性化，则顾客一般会采取较为温和的方式处理问题，以示其较强的责任感。这也是在网购过程中，女性较男性不常采取直接抱怨行为的一个解释。** **三、网购消费者抱怨行为的补救措施** **1.事前防范要得力** **目前随着大量频繁的顾客抱怨事件发生，已经严重损伤了企业与顾客的关系以及耗减了企业的资源。因此，企业应该充分认识到顾客抱怨的两重性和重要性，积极采取有效的补救措施来尽可能地避免网购消费者抱怨行为带来的危害性。当然，我们首先要做的就是未雨绸缪，把顾客抱怨行为消灭在萌芽阶段。作为网上购物的服务人员，应该学会预知客户可能会**

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分析新形势下加强行政事业单位内控管理的必要性与对策 **摘要：行政事业单位通常是指隶属于中国政府的相关职能组织，具有很强的服务性和公益性。因此，内部控制制度应该从公共福利和服务的角度来发展。行政事业单位应从战略发展的角度认识内部控制管理，积极完善内部控制管理的组织设置，提高风险识别能力，加强内部控制管理的可持续性，保证行政事业单位工作的良性发展。文章从行政事业单位内部控制管理的必要性出发，分析了新形势下加强行政事业单位内部控制管理的途径。** 关键词：行政事业单位；内部控制管理：必要性在新形势下，我国行政事业单位的行政管理工作也出现了许多新的问题和方法。在内部控制管理中，行政事业单位内部控制管理不同于一般企业内部控制管理。行政事业单位通常是指隶属于中国政府的相关职能组织，具有很强的服务性和公益性。因此，内部控制制度应该从公共福利和服务的角度来发展。目前，行政事业单位内部控制管理中还存在着认识不足、效率低下、风险防范措施不到位等问题。因此，行政事业单位应从战略发展的角度，探索加强内部控制管理的途径，以促进更好地为公众服务。 **一、行政事业单位开展内控管理的必要性分析** (一)加大对政府权力的监督力度行政事业单位主要是由中国政府管辖的职能单位。因此，行政事业企业不仅有义务和服务的双重功能，而且还具有政府授予的管理权力。如果没有有效的监督机制，行政长官的权力是不平衡的，这造成了无所事事、腐败等情况的发生，内部控制管理行政机构的权力，可以有效地监督机制，通过"无损”和预防机制。此外，通过内部控制管理，可以限制自由裁量权，并建立有效的监督机制，以确保权力的运作，并促进诚信建设的正常运作。 (二)加强利用财政资源的科学性质在行政机构中，科学利用财政资源与工作效率密切相关。因此，加强行政机构的职能和实现公共服务的目标尤为重要。目前，中方仍有许多漏洞行政部门在管理该基金，比如缺乏管理和预算执行情况，削弱了资金，缺乏监督机制，以及缺乏有关内部审计活动的独立性，通过内部控制机制和科学管理和合理使用资金应予加强，完善权力和行政职能，保证公共服务质量。 (三)促进财务活动的合理管理目前，我国的税收改革正在加强。在税收和税收制度改革的背景下，重点是明确的责任、过程控制、节点管理和提高内部控制的效率。因此，加强有效监测和管理行政机构内可以提高企业内部行政管理，把行政资源，促进一体化的企业内容管理、实务，如预算、资产、财政、会计等，并确保正规化和精简行政机构的内部管理。 **(四)提高单位的风险防范** 《行政机构内部控制条例》(试点)明确规定了内部控制管理与行政企业风险防范之间的关系。企业在行政方面差别很大的风险剥削男女企业家面临，主要涉及服务有关的风险，以及会计、风险管理内部控制框架有助于提高企业风险管理，查明和消除产生有效的风险控制项目里程碑和重要节点。 **(五)改进标准管理系统的建设** 在现代管理活动中，内部控制不仅在结核性约束和预防风险方面是有效的，而且还可以提供有针对性的指导和完善的管理系统。在行政管理方面，为每个部门提供服务的清晰性和质量，以及提供服务的过程对行政管理工作的评价产生了重大影响。然而，内部监督管理可以改善战略发展和短期效益的管理制度，从而有效地促进行政机构管理的发展。 **二、行政事业单位内控管理存在的问题** **(一)缺乏对内控管理制约作用的认识** 目前，许多行政机构的内部控制和管理已经陷入了瓶颈，其特点是规范化。这在很大程度上是由于对单位领导作用的认识不足。一些行政机构更注重业务发展，认为内部控制只涉及金融交易，因此内部控制的管理效率低下。 **(二)内部控制管理系统不足** 调查显示，我国行政管理制度的内部控制系统的建设方法如下。第一、内部控制系统的建设是不够的。一些单位对内部控制的管理缺乏全面的理解，导致缺乏对关键核心的内部控制，例如风险评估过程不清楚，业务约束机制也不清楚。第二、内部控制制度缺乏诚信，权力下放是行政机构内部控制制度建设的一个重大问题。 (三)内部控制的管理过程不够有效第一、行政管理责任不明确，并且许多部门、非全时工作以及更重要的是，我们决不能建立各种机制，例如隔离，而且某些采购人事管理体系、出纳员和批评的也可以创造机会腐败容易检索。第二、行政机构不能在制度和地位上相互监督，不能保证预算控制的有效性和执行。 **(四)风险评估在科学上和成本上都很低** 在扩大行政职能和增加业务方面，业务风险的考虑没有得到改善。某些行政机构没有必要的机制，确定和评估风险管理领域的体制安排、管理、人事管理、财务管理等，导致重大缺口的主要要素的行政结构，造成财产损失和减少 **浅议工商管理的热点问题及发展趋势** _左迁王岚琪_ **摘要：文章从具体分析工商管理的热点问题着手，主要阐述企业战略管理、人力财务管理和文化资源管理三部分内容；具体分析未来工商管理的发展趋势，包括进一步加强企业知识管理和企业信息化管理两个部分。希望能够使更多相关人士认识到现阶段工商管理方面出现的热点问题，了解本行业发展趋势。** 关键词：发展趋势；热点；工商；管 _理_ 现阶段，社会经济的不断发展进步，也对工商管理产生了新的要求，需政府的信誉。 **三、加强行政事业单位内控管理的对策** **(一)从战略发展角度认识内控管理** 行政机构必须了解战略发展的内容管理。第一、我们将组织大规模的培训课程，以审查中国颁布的行政机构的内部控制条例。第二、领导团队必须在提高对内部控制的认识方面发挥主导作用。第三、有必要采取科学合理的措施，加强对行政机构的内部控制和管理，并确保执行相关措施。 (二)改进组织和内部控制管理组织内部控制管理和管理企业内部控制是非常重要的。当主要负责组织和管理应被视为一般指导，重点是内部监督服务提供咨询并与一般原则、相称原则内部管理控制内部管制系统的部门，例如采购、财务、内部审计和监督的纪要不断地扩大工商管理研究的范围。现阶段，准确地抓住工商管理工作存在的热点问题，深入地了解工商管理的发展趋势，这不仅是相关的工商管理部门需要深人研究的内容，同时也是相关行业企业应密切关注和深刻剖析的课题。 **一、分析工商管理的热点问题** (一)企业的战略管理问题企业的战略管理就是指包括人才开发战略、融资战略、品牌战略、发展战略、营销战略以及竞争战略的统称，并且企业战略也是对其自身企业发展的基本性、长期性以及整体性的计划与筹律。与此同时，有必要确保内部监督管理的相对独立性和权威，以确保工作的顺利进行。 **(三)加强对风险识别和预防的控制** 第一、行政机构应首先加强风险评估机制，每年至少进行一次分析评估。第二、在完成风险评估后，内部监督司应进行综合评价分析，并编写相关报告，作为后续行动的基础。第三、通过定量和定性的分析，加强了关键节点的风险评估和管理。 **(四)加强内部控制管理的可持续性** 至关重要的是，行政机构应建立长期机制，以确保内部控制的可持续性。内部控制的管理显然是动态的，必须在内部监督管理的框架内进行。通过长期管理，可以在行政企业中创造良好的内部控制条件，从而创造有利于管理和管理单位的内部控制环境。谋。决定着企业发展的最终方向和发展前景的就是企业战略，在没有明确建立市场经济体制之前，工商管理和工商管理研究中最不受重视的工作之一就是企业战略。大部分企业在自身的发展中，对于企业战略仍旧不够重视，更多只考虑产品、市场和利润，对于企业战略的关注度比较低。比如说，一部分企业在进行发展决策的提议中，并没有根据自身的实际发展情况提出适用于企业的可行性任务和战略目标，同时也没有构建完全适用于自身企业的发展战略。在确立市场经济体制以后，工商管 **四、结论** 在新形势下，行政事业单位内部控制管理工作也出现了新的变化。行政事业单位应从战略发展的角度认识内部控制管理，积极完善内部控制管理的组织设置，提高风险识别能力，加强内部控制管理的可持续性，保证行政事业单位工作的良性发展。 **参考文献：** \[1\]王喜梅.新形势下加强行政事业单位内控管理的必要性与对策\[J.财会研究， **2015(11).** **\[2\]张大宝.行政事业单位内控制度存在的问题及对策探析\[J.时代金融，2015(35).** \[3\]张岩峰.探讨新形势下行政事业单 **位内控制度建设\[.财经界(学术版)，2014** (18). **(作者单位：青海省地震局)**

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**从发明要实际解决的技术问题角度看结合启示** _周_ 琦^ 摘要：在评判创造性的三步法中最为关键的一步就是判断该发明是否具有显而易见性，而显而易见性认定的关键就是判断结合启示中发明所要实际解决的技术问题的确定，发明所要实际解决的技术问题在审查中具有承上启下的关键作用。本文主要通过两个创造性案例进行分析，对审查实践遇到的“在确定发明所要实际解决的技术问题”过程中出现的问题及其对创造性审查结论的影响进行分析和讨论，阐述确定发明所要实际解决的技术问题对于结合启示认定的指导性作用。关键词：创造性结合启示技术问题技术领域 **一、引言** “技术问题”顾名思义就是指现有技术中存在的缺陷，在判断发明是否具有显而易见性时，如何准确的把握发明所要实际解决的技术问题是核心所在，这种核心指引着本领域技术人员去寻找解决该问题的技术方案。我们要分析发明所要实际解决的技术问题的关键作用，首先就要来明确发明所要实际解决的技术问题是如何确定的。我国现行《专利审查指南》第二部分第四章第 3.2.1.1节规定，在审查中我们应当以所属技术领域普通技术人员的眼光，客观地分析发明所要求保护的技术方案相对于最接近的现有技术所具有的技术效果，并以此为根据来确定发明所要解决的实际问题。要客观地确定所要解决的技术问题，就要研究该申请、最接近的现有技术和在技术特征(结构的或者功能的)方面该发明与最接近的现有技术之间的区别，然后形成技术问题。由此可见，技术问题的确定应当是一种事后知晓的问题，即立足于申请文件中的技术主题，对比检索到的最接近现有技术，找出区别特征，进而确定申请文件中的技术主题实际解决的技术问题。但是，在我们的日常审查中，审查员的思路与发明人的思路本质上是不同的，审查员在检索对比文件时，实际上是已经知晓了该申请的技术方案，对于申请文件实际解决技术问题所采用的技术手段也是知晓的，因此其可以通过在专利库中直接检索而得到，这种情况就很容易导致审查员忽略该区别技术特征的整体性作用，即只考虑区别技术特征本身所能达到的技术效果，而不考虑该技术特征在与最接近的现有技术结合的其他文献中的实际作用。这样分析出的发明要实际解决的技术问题往往是不全面的，从而影响后面的结合启示的判断，把一些明明没有结合 \*作者单位：国家知识产权局专利局专利审查协作江苏中心。个中华人民共和国国家知识产权局.专利审查指南\[M\].北京：知识产权出版社，2010：134. 基础、不存在技术启示的文献生搬硬套的凑在一起。理解了这一点，才能理解评判创造性的过程中，在最接近的现有技术的基础上客观认定发明所要解决的技术问题的重要性；为什么在考虑使用对比文件结合评述创造性时，《专利审查指南》特别强调与最接近的现有技术相结合的文献不仅需要公开区别技术特征，还要求该技术特征在结合的文献中所起的实际作用与区别技术特征在该发明的技术方案中所起的作用相同。 **二、如何准确的确定发明所要解决的技术问题** 通过上面的介绍，我们已经明确了发明所要实际解决技术问题的重要性，一般本领域技术人员对于技术问题的认定有以下几种情况，首先(1)专利申请说明书中，记载的发明所要实际解决的技术问题；(2)专利申请说明书中未记载区别特征对应的技术问题，本领域技术人员依据本申请的记载归纳总结出来的技术问题；(3)审查员经过初步检索，依据现有技术判定出r该发明实际解决的技术问题。这三者的关系是相互关联，相辅相成的。笔者认为，专利申请说明书中记载的技术问题很可能并不是该发明实际要解决的技术问题，技术问题应该是要求保护的发明实际能够解决的，而不是专利申请文件中声称的想要解决的技术问题\*。专利申请文件中最重要的部分就是权利要求书和说明书，其中权利要求书是该发明所要保护的技术方案的具体形式，在申请文件中起着举足轻重的作用，而说明书则是权利要求的依据，是对权利要求所要保护的技术方案的详细说明。审查员不能仅依据申请人在介绍背景技术时所认定的发明实际要解决的技术问题，因为这可能仅仅是发明人心中的现有技术，并不等同于真实的现有技术，故说明书中所描述的背景技术的问题也可能不是该发明实际要解决的技术问题。因此本领域技术人员应站在本领域的角度上，恰当合理地选定最接近的现有技术，合理地归纳整理出该申请实际要解决的技术问题，审查员只有基于上述判断确定出的技术问题，才能使得审查意见易于被申请人所接受。以下通过两个创造性评判案例r分析，对该案在创造性评判中技术启示认定不一致的情形进行详细分析，着重分析发明实际要解决的技术问题对于技术启示认定的关键作用。 **三、案例分析** **(一)案例分析一** 1.案例一现有技术中门式起重机无法在斜坡上正常作业，本领域技术人员常用的解决办法是通过修建调坡基础找平并在其上放置轨道，以使门式起重机的支腿走行于轨道之上进行水平状态下的作业。但是此种办法工程造价高，并且调坡基础无法重复利用，针对上述问题，该申请提供了一种可在坡道上走行和作业的门式起重机，该门式起重机通过在其可伸缩支腿的底部设置液压油缸以改变可伸缩支腿在纵坡上的高度始终处于水平状态，从而实现可伸缩支腿和固定支腿在上、下方向上起伏始终保持铅直状态。参见图1，图2和图3。图1门式起重机侧视图图2门式起重机可伸缩支腿图3门式起重机固定支腿的局部放大图经过检索，审查员找到了两篇对比文件，其中对比文件2(如图4、图5所示)是审查员认为公开该申请发明点的对比文件。对比文件2公开了一种履带式钻探设备，包括工作台和设置在工作台上的钻探装置，还包括设置在工作台下方的行走装置和调平支撑装置，其中调平支撑装置包括固定支腿42、第一变幅支腿43和第二变幅支腿41；固定支腿、第一变幅支腿和第二变幅支腿的上端分别与工作台的底部连接，且三个连接点不在一条直线上；该装置可以适用于崎岖不平，坡度变化大的施工环境，且能进行调平操作。由于对比文件2的结构与该申请略有不同，因此审查员在评述时采用了 D1+D2 两篇评述该申请的权利要求，而对比文件1则是与该申请相同的装置的框架结构。图4对比文件2的附图1 图5对比文件2的附图2 审查员依法发出通知书，经过两次沟通，申请人均未修改权利要求，审查员准备依法作出驳回决定，驳回所针对的权利要求就是原始申请文件的权利要求。 **审查员按照“三步法”来分析评判该技术方案的创造性。在此，由于对比文件1与该申请领域相同，大致结构类似，因此审查员将对比文件1作为了最接近的现有技术。其区别技术特征采用对比文件2来进** ③3此条款在2020年10月17日第四次修改的专利法中变更为第六十四条第一款。行评述，其支腿结构具体由呈纵向布设的变副支腿41和43(相当于该申请的可伸缩支腿)和固定支腿42构成，变副支腿41和43与工作台的底部之间设置有液压油缸，液压油缸一端固定于履带起重机工作台底部上，另一端固定于支腿结构的底部；且其在对比文件2中所起的作用与其在该申请中所起的作用相同，都可以有效的实现起重机械的坡道运行，使其固定支腿和伸缩支腿在上下起伏方向上处于铅直状态。也就是说对比文件2给出了将该技术特征用于该对比文件1以解决其技术问题的启示，在这种启示下，以及本领域技术人员深知履带起重机和门式起重机是有很多共性存在的基础上，本领域技术人员有动机将这种支腿结构应用于对比文件1中的门式起重机的走行大车上。 2.两种不同的观点在判断对比文件2能否给出将其结合于对比文件1的技术启示时，，一种观点认为，对比文件2虽然属于履带式起重机，但是其与该申请一样都是起重机领域，并且两者所要解决的技术问题是一样的，都可以方便门式起重机的爬坡，即如何使得起重机适应不平的路面；其本质都可以使其固定支腿和伸缩支腿在上下起伏方向上处于铅直状态，从而有效的实现起重机械在不平整的路面运行，因此对比文件2可以给出启示。而另一种观点则认为，两者的领域虽然相近，但是并不相同，从而采用的技术手段也不尽相同，不存在结合启示。对于上述两种观点，哪种更为合适? 3.思考与讨论笔者认为，首先，在创造性的评述过程中，一个重要的问题就是我们要理解申请人为什么要改进现有技术，改进哪方面，然后再去考虑如何来改进这个问题。只有在我们了解申请人为什么要改进现有技术这个问题之后，我们才能合理的确定发明要实际解决的技术问题。如果我们在这一认定环节出现了理解偏差，那么就极有可能导致创造性评判结果的偏差。对于该案而言，审查员在确定发明实际要解决的技术问题时，没有周全的考虑该申请做出的改进目的，忽略了申请人采用可伸缩支腿的目的是为了解决门式起重机行走时不能爬坡的问题，仅仅从区别技术特征本身来认定其作用，没有将区别技术特征放在权利要求所要求保护的整体的技术方案中进行考虑，这种做法实质上违背了“三步法”的精神。-一个特征在不同的应用背景下与发明的其他特征相结合所产生的技术效果并不一定相同。在上述案例中，区别技术特征就在于该申请的支腿结构的特点，仅从单个技术特征的表面上来分析确实是这样的，但实际上该发明中门式起重机这些结构部件与可伸缩支腿是相互配合不可分割的，因为两者配合除了可以达到调节门式起重机整体平衡的技术效果外，其还有一个重要的作用就是该装置可以实现边行走边调节的技术效果。因此从本质上来说虽然对比文件2看似公开了上述区别特征中的一部分，但是实质上所公开的技术特征与该发明不同；而我们对于技术启示的认定应当以本领域技术人员的眼光，以解决的技术问题为出发点，判断该特征是否在现有技术中给出了启示，采用了与该申请相同的技术手段来解决这一技术问题。从这一角度来看，对比文件2不存在结合启示。其次，从所起作用的角度考虑，该发明做出的改进以及对比文件2中所公开了特征表面上都是为了“调节起重机的平衡”，但是就该结构特征本身而言，两者起到的作用是不一样的。该发明中将可伸缩支腿安装在门式起重机上，而该起重机是一种高大的重型机械，其重心较高，在坡道上走行时，较易发生倾覆事故，为了避免门式起重机在坡道上走行时发生重心变化而造成倾覆，该案申请中具有由液压油缸的可伸缩支腿，可以使门式起重机在走行和作业时始终处于水平状态，确保重心不变。而对比文件2由于是履带型起重机，其能够在崎岖不平、坡道大的地方走行采用了履带式的行走装置，而调平支撑装置中变副支腿的主要作用则是在履带设备固定后进行调平操作，因此，对比文件2所公开的特征与该申请的目的和作用并不相同，对比文件2不存在结合启示。 1.案例二该案属于车辆传动与操纵技术领域，具体涉及一种用于机械式自动变速系统的，以齿式离合器结构为设计构成的，直接作用于定轴式变速箱换选档轴的，具有自动与手动转换功能的机械自动变速系统选换档执行机构，发明的目的是为大功率、多档位重型车辆的机械式自动变速系统提供一种结构简单紧凑、易于实现车内布置、控制便捷的，具有自动与纯手动操纵模式转换功能的选换档执行机构(如图6所示)。图6该申请结构图其中审查员也是采用了两篇对比文件来评述本申请，对比文件1公开了与该申请领域相同，并且结构相类似的选换挡执行结构，而对比文件2(如图7所示)则涉及一种数显型防爆阀门电动装置，具体公开了该申请与对比文件1的区别技术特征，并且其解决的技术问题也是使选换挡执行机构具有自动与手动转换功能。图7对比文件附图 2.两种不同的观点在判断对比文件2能否给出将其结合于对比文件1的技术启示时，如果直接从分析技术领域是否相近或者相关的角度出发，一种观点认为，不能用于评价该申请创造性，因为对比文件2与该申请的技术领域相差很大，虽然所要解决的技术问题相同，所采用的技术手段也相同，也能达到相同的技术效果，但本领域技术人员在发明车辆的操纵装置时，不会想到从阀门的操纵装置中去获取某种启示。另一种观点则认为，该申请所要解决的技术问题是“如何手动和自动地操纵选换档执行机构”，而执行机构同时具备手动和自动操纵功能是大多数领域都会面临的问题，本领域技术人员在解决手动和自动地操纵选换档执行机构这一技术问题时，在本领域中没有找到合适的技术手段时，会从其它领域中找寻同时具备手动和自动操纵功能的装置，也就是本领域技术人员有动机从其他领域中寻找能够解决该申请技术问题的技术手段，因此对比文件2是可以给出技术启示的。可见从技术领域以及技术问题角度出发，会产生两种不同的观点。 3.思考与讨论首先，在审查中我们应当客观充分地分析并确定发明实际解决的技术问题，为此我们应该确定要求保护的发明与最接近的现有技术之间的区别是哪些，然后根据该区别特征所能达到的技术效果来合理的确定发明实际要解决的技术问题。从这个层面上说，发明实际解决的技术问题是指为了获得更好的技术效果而对最接近的现有技术进行的一种任务、手段；在明确了技术问题之后，《专利审查指南》规定在三步法第三步判定显而易见性时，就应该从“发明实际解决的技术问题”出发进行判断，换句话说，就是在判断结合启示时，第二步的发明实际解决的技术问题是关键所在，从而判断本领域技术人员是否有动机到对比文件所涉及的领域去找寻该技术问题的解决手段，在这个过程中，本领域技术人员要合理的判断所要结合对比文件的技术领域与该发明实际要解决的技术问题两者之间能否相关这个问题。笔者认为，发明是否具备创造性，应当基于所属技术领域的技术人员的知识和能力进行评判，而本领域的技术人员还具有进行逻辑分析、推理或者有限的试验能力，本领域技术人员不仅知晓所属技术领域的所有普通技术知识，还应当具有从其他技术领域寻找所要解决的技术问题的技术手段。当然，通常来说，技术人员是先发现“本领域”或者是该发明所涉及的技术领域的现有技术中存在的问题，然后带着该问题去寻找解决该问题的技术手段，而当无技术领域相同或相近的现有技术时，可考虑选择与发明技术领域不同，但能够实现发明的功能，并且公开发明的技术特征最多的现有技术。就该案而言，虽然阀门的操纵装置和车辆的操纵装置这两个技术领域相差很大，但是当遇到要解决选换档执行机构同时具备手动和自动功能这个技术问题时，无论是阀领域、还是其他领域，只要其可以解决上述技术问题，并达到同样的技术效果，那么这些对比文件都应该当列入本领域技术人员考虑的范围之内。在此基础上，在本领域没有遇到相应地解决办法时，本领域技术人员应当具有从其他领域中寻找所要解决技术问题的技术手段，即两者都是采用电机、减速机构、离合齿轮、输出轴构成的自动操纵装置，由手柄或拉杆和拉臂构成的手动操纵装置，从而将能够实现同时具备手动和自动这一功能的其他领域中的所采取的技术方案用于该申请的选换档执行机构中。因此，对比文件2所公开的特征与该申请的目的和作用是相同，对比文件2存在结合启示。结合该案，可以看出，在考虑区别技术特征是否被另一篇对比文件公开且作用相同时，我们还是应该追根溯源，要从发明实际解决的技术问题出发，考虑所要结合的对比文件的技术领域以及技术问题与该申请的相关性，而不应该一味的局限于技术领域与该申请是否相关，而应当基于技术问题的角度来考虑二者是否具有结合启示。 **四、结语** 笔者通过介绍分析上述两个案例，对发明所要实际解决的技术问题对技术启示判断的重要性进行了梳理。笔者认为在以两篇/多篇对比文件结合评价创造性时，首先应当充分理解技术方案，同时了解相应的背景技术，再考滤区别技术特征是否被另一篇对比文件公开且作用相同。合理的确定出发明所要实际解决的技术问题，依据该技术问题来判定对比文件是否给出了相应的技术启示，不要孤立地考虑另一份对比文件所属的技术领域与本申请是否相关，而应当根据对比文件公开的内容判断技术领域对技术特征的限定作用。不能孤立地看待技术领域、技术特征，要从整体上考虑该技术特征是否属于该领域特有，追根溯源，基于该申请所要解决的技术问题，判断本领域技术人员是否有动机到对比文件所属的技术领域去寻找解决该技术问题的技术手段。

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家庭禀赋、人力资本与城乡女性就业流动研究 _\_._ \-来自湖北省的城乡调查数据口石智雷余驰内容提要：本文通过在湖北省调查的4442个城乡女性劳动力样本分析城市和农村女性劳动力就业流动性的差异并构建计量经济模型进一步研究女性人力资本变量和家庭禀赋变量对她们是否外出、外出就业流动次数以及回流选择的影响。研究发现家庭禀赋和人力资本对于城乡女性就业流动性的影响具有较大差异。家庭禀赋变量在农村女性劳动力是否外出就业的选择上发挥着重要作用，而人力资本对城市女性就业流动次数和回流选择的影响更为明显。总体来看女性是否选择外出就业主要受家庭禀赋变量影响，而一旦女性选择外出就业后，人力资本变量将对其就业流动次数起主要作用。在当前城市劳动力市场中依然存有对女性劳动力的就业歧视这种歧视削弱了女性的人力资本在就业市场上的竞争力。 **关键词：家庭禀赋；人力资本；女性；就业流动；城市和农村** **随着改革开放的不断深入和经济社会的发展，尤其是近些年我国人口流动规模的快速发展流动人口的内部结构发生了重大变化(林李月等，2008)其中最为显著的变化是女性就业流动得到大发展其发展速度大大超过男性，如从广大内陆地区流向沿海地区的年轻女性成为劳动力流动的** **重要组成部分，并且这些流动女性不仅来自于农村还有很大一部分是城市户口的女性。据国家统计局公布的数据，2005年我国有流动人口14735万人跨省流动人口4779万人其中女性流动人口占49.5%女性流动人口与男性流动人口比重基本持平(国家统计局2005)。** **13.费孝通.乡土中国.北京大学出版社，1998：26~30** **14.吴重庆.从熟人社会到“无主体熟人社会”.读书2011(1)** **15.卢晖临.集体化与农民平均主义心态的形成.社会学研究2006(6)：147~164** **16.王铭铭.神灵、象征与仪式：民间宗教的文化理解.象征与社会：中国民间文化的探讨.王铭铭、潘忠党主编.天津人民出版社1997** **17.王绍光.私人时间与政治——中国城市闲暇模式的变化.中国社会科学季刊1995(夏)** **18.\[法\]涂尔干.社会分工论.渠东译.三联书店2000：257** **19.陈柏峰.现代性、村庄与私人生活.学术界2006(4)：291~295** **20.夏国锋.村庄公共生活：历史变迁与外力形构.甘肃行政学院学报2010(5)：35~44** **21.吴理财夏国锋.农民的文化生活：兴衰与重建.中国农村观察2007(2)：62~69** **22.申端锋.新农村建设理论之我见.广东商学院学报.2007(2)：75~78** **23.吴理财.农村社区认同与农民的行为逻辑——对新农村建设的一些思考.经济社会体制比较2011(3)** (作者单位：华中师范大学中国农村研究院，武汉 430079) **责任编辑：方** **静** **半项目来源：本研究得到国家自然科学基金项目(编号：71173240)和国家社科基金项目(编号：11CJY032)的资助。文责自负** 在我国女性劳动力就业流动情况在20世纪90年代初开始得到各类学科的重视，人口学、经济学、社会学等学科均有所涉入。早期的研究文献多集中从宏观层面揭示女性劳动力流动的整体状况，研究其流动的动因、特征、流向等(中国妇女管理干部学院课题组，1992；孙淑清，1996)这一时期的研究多属于简单的描述性分析，计量经济方法应用不足，缺乏对于女性流动的影响因素分析，因此无法解释不同女性在流动性上的个体差异。近些年，随着女性劳动力转移和流动日益频繁国内外学者对于女性就业流动性的研究也有所深入，尤其是对于女性流动的动力机制的研究成为关注的重点概括起来主要包括：第一社区环境因素。许多女性外出是想体验外面的精彩世界，使自己得到锻炼，他们选择外出不是迫于家庭生活本身的压力，而更多的是受到流入地“拉力”作用的影响(苏群、刘华2003)；郑真真和解振明(2004)则研究认为流出地的经济贫困是农村女性外出的主要“推力”，不流动的女性通常是缺乏技能或在当地已有致富门路；丁立平(2003)认为外出打工者传回的信息是促进农村年轻女性外出就业的直接因素。第二，个人人力资本。尽管学者们普遍认为女性的受教育程度与其就业流动性之间存在相关关系，但大家对怎样的文化程度对流动影响最大却没有达成共识李实(2001)认为初中教育水平的农村女性流动性最高，低于初中教育水平的农村女性流动性明显偏低而初中以上女性流动性增加不明显；王黎芳(2006)则认为具有越高文化程度的女性外出流动性越大因为受教育年限多、文化素质较高的女性往往不甘在家务农。第三家庭因素，尤其是对于已婚女性而言其就业流动性更易受到家庭决策的影响如随着家中学龄前儿童数量的增加，女性 **更倾向于不流动( Li ，Zahniser ，2002)，丈夫是否外出打工对于女性就业流动也有着显著的景响(Hoy ，1996)；另外陈银娥等(2005)认为家庭及个人积累的社会资本也是农村女性从农业到非农业的职业流动过程的重要影响变量对其在外就业发挥了不可替代的作用。** **从现有研究文献来看，国内外学者对于女性就业流动性已经进行了大量的研究，但多是从个人因素的角度来分析女性劳动力外出就业的影响因素，而对家庭因素关注不够，也缺乏对影响女性劳动力外出就业的人力资本因素和家庭禀赋因素的比较分析。另外国内研究的对象基本放在农村女性的就业流动性上对于城市女性就业流动性的研究还较少更缺乏关于女性就业流动性的城乡比较分析。本文研究将利用来自湖北省的城乡调查数据弄清楚两个问题：第一城市和农村女性的就业流动性有何差异?第二家庭禀赋\*\*和人力资本对于城市和农村女性是否外出就业、外出流动次数以及是否选择回流分别有何影响?这两个问题既是对同类研究的新发展也是理解城乡女性人口流动过程和机制所需要回答的核心问题。** **改革开放以来尤其是我国劳动力市场正式确立之后女性就业歧视现象一直不断，不仅仅是农村女性劳动力在城市就业受歧视城市女性也不能够在劳动力市场上与男性劳动力公平竞争。通过分析家庭禀赋、人力资本对女性劳动力就业流动的影响我们可以窥探出女性劳动力在劳动力市场上的表现及被歧视的原因。如果由于家庭禀赋状况而使女性劳动力不能选择自由的就业流动，那么这就在很大程度上削弱了她们在劳动力市场上的竞争力，也会影响其人力资本经济效应的发挥。** **(一)家庭决策、家庭分工与女性劳动参与** 在家庭行为的决策方面，新古典经济学通常将家庭视为个体忽视了家庭内部结构对个人的影响。劳动参与在新古典传统理论中是理性行为人在消费 **和闲暇间进行选择以最大化自身效用的结果。这一分析框架对20世纪60年代以前男性劳动供给行为有很强的解释力，但是将它运用到女性的劳动供给行为分析中则显不足( Lundberg Pollak ，1996)。因** **在本研究以及问卷调查中对家庭的界定为：有共同的经济预算或者在一口锅中吃饭为一家** **\*\*在本研究中家庭禀赋是家庭成员及整个家庭共同享有的资源和能力，包括家庭结构、孩子数量、丈夫的职业、家庭经济状况等** **为已婚女性除参与市场劳动以外，还需要将时间配置于家务劳动其产出可供家庭中其他成员消费。新家庭经济学的家庭联合劳动力供给决策模型为此提供了较好的解释其中一个比较有代表性的理论是共同决策模型( Common Preference Models)，该模型假定家庭是单一的决策单位家庭成员均以家庭整体效益最大化为单一目标函数，各家庭成员相互合作每个成员的劳动供给行为都是家庭的联合预算约束以及自身的时间约束条件下极大化这个单一的家庭效用函数的结果。** 按照新古典的家庭分工理论当妻子的市场工资低于丈夫时，女性的市场劳动时间会少于男性，也就是说女性在家庭劳动上具有更高的比较优势，家庭结构就会对女性的劳动参与尤其是外出就业有着重要的影响，于是家庭分工表现出“男主外女主内”的“生产互补性”模式( Becker ，1981)。而调查数据显示近些年女性平均每天用于家务劳动的时间多于男性的现象下降了(陈钊等2004)，越来越多的女性选择进入劳动力市场以增加自己在经济上的独立性。而 Stevenson & Wolfers(2007)则研究认为\*，现代家庭生活已经严重削弱了生产互补性理论的适用性随着家庭子女数量减少和两性工资差距的缩短促使女性劳动力走出家庭而进入劳动力市场。 **(二)家庭禀赋与女性劳动力外出就业\*\*** **20世纪80年代兴起的新经济迁移理论认为家庭才是劳动力外出就业决策的基本单位家庭决策对劳动力就业流动产生决定性影响家庭贫困能够促使家庭内更多的劳动力选择外出就业，以保证家庭生产活动的福利最大化( Stark ，1991)。我国是发展中国家并且城乡二元结构突出，农村经济发展落后，市场化程度较低，尤其是信贷和保险市场缺乏农民在农村的收入来源比较单一，有些地区基础设施建设不足农民是靠天生产。为了改变这种落后被动的局面，减少贫困的风险，增加家庭收入，改善家庭经济地位，户主在与家庭成员商量后自然做出派人外出务工的决定(杨云彦、石智** **雷2008)。在这种情况下家庭禀赋对家庭成员的外出务工行为和过程有着重要的影响。和男性相比女性的外出就业则表现出较强的家庭依附性(石智雷、杨云彦2009)，主要体现在两个方面：一是以家庭总效益最大化为目标所形成的社会责任，如家庭留守、照顾老人和养育孩子。如果已婚女性选择在家乡就业那么她就有可能一边工作一边照顾家庭其就业的机会成本就会比较小，而到外地就业这些家庭照顾都会成为已婚女性就业的机会成本。由此引出假说1：家庭中有学龄前儿童以及家庭中有子女正在读书女性劳动力更倾向于在家乡就业，一般不会选择外出就业。这种影响对农村女性更为明显。** 二是如果把家庭禀赋作为个人发展能力的拓展那么家庭拥有的这些资源及其资源利用对女性外出务工以及在外地工作的可获得性有着重要影响。家庭成员的外出务工经历可以为其他成员继续外出务工提供流动支撑网络较早迁移者降低了后来迁移者的就业搜寻成本、环境适应成本等( Car-rington ，Detragiache ，Vishwanath ，1996)。当家庭在迁移区域有亲戚朋友或者家庭成员在该地区具备一定的社会关系时，家庭中女性成员外出务工的概率就会增加并且家庭中其他资源也会推动女性劳动力向外地流动(胡必亮2004)以充分收获自身人力资本的投资回报( Gordon ，2000)。在我国当前城乡二元经济差异明显城乡女性外出就业决策中受到家庭禀赋的影响以及对不同家庭禀赋的依赖程度应该有所不同。这也是本文研究的重点。由此引出假说2：丈夫在外地就业会增加女性外出就业的概率并且会增加女性就业流动的次数尤其是对于那些丈夫在外从事非技术工作的农村女性。 **考虑到市场化程度和生活保障就会发现家庭禀赋对女性外出就业决策有着不同的影响。巴丹( P. Bardhan ，1999) 通过一个农业家庭模型证明在完善市场条件下家庭优先考虑最大化利润，然后在标准的预算约束下最大化其效用这时家庭的** **\* 另外 Stevenson 还认为家庭省力技术的诞生和服务业的发展，让女性从繁重的家务中解脱出来投身于市场。这些趋势促使人们以一种不同于贝克尔生产互补性理论的角度来解释婚姻，现代的婚姻不是基于分工，而是建立在“休闲和消费互补”的基础上这使得有着类似收入和兴趣的男性和女性渐渐走到了一起** **\*\*在本研究中外出就业是指离开户籍所在地到外地就业超过半年以上的行为** **生产决策与消费决策是相互独立的，即存在“分离特性”；如果存在多种市场的不完善，分离特征不再成立家庭也不再最大化利润，生产决策取决于家庭的偏好和家庭禀赋。另外，在我国目前的城乡劳动力市场分割的现状下，入城打工无法为农民提供一个稳定长远的预期(李楠2009)。因此，在当前我国市场经济的转型期，市场发育不完善城市外来人口社会保障体系不健全，即使女性外出打工可以实现家庭收入的增加，出于回避市场风险的考虑女性也会选择留守在家务农。由此引出假说3：在当前多种市场有待完善的条件下家庭经济条件较好的女性劳动力更容易外出就业。** **(三)人力资本、家庭分工与女性劳动力迁移：留守或外出就业** **家庭最优劳动分工不仅要最大化家庭总产出，而且要考虑个人未来发展能力。新家庭经济学理论在最大化家庭收益目标的同时还考虑了家庭不同成员的人力资本状况，以对不同人力资本状况的家庭成员的迁移选择做出更合理的解释。加里·贝克尔(1998)将人力资本引入到家庭内部分工模型中研究人力资本不同的情况下家庭内部是根据男女就业的比较优势来确定谁做家务劳动和谁参加工作。也就是说家庭成员之间的各种劳动分工部分地由于男女之间的生理差别来决定，部分地由于经验的不同和在人力资本投资上的差别来决定。即使一个有效率的家庭的所有成员在生物学上都是同一的，那么在时间分配和人力资本投资方面，** **专业化人力资本积累增加的收益也会促进家庭内部的分工。和贝克尔采用的边际分析法不同的是，以杨小凯为代表的超边际分析认为个人做出决策时是首先确定自己的分工与专业化水平，做出决策选择后才转入资源配置问题(杨小凯等，2003)。另外女性劳动力外出就业不仅可以增加自己经济上的独立性，还可以实现自己的人力资本再积累。** 在女性劳动力做出外出就业的决策过程中家庭依附性概念更多的是解释在现有家庭目标函数约束下女性成员是否可以外出就业。在我国当前的劳动力供求市场上劳动者是否外出就业并不能由家庭内部决策完全确定，女性还需要接受目的地劳动力市场竞争的检验。 Bowen 和 Finegan( 1969) 对人力资本和女性外出就业之间的关系做了分析，认为若其他情况相同女性劳动力外出就业概率的增长与较高的文化程度相联系。参加过技能培训对于农村女性劳动力外出就业也会有着一定的促进作用，因为一般来说只有进入城市就业才可以实现更高的人力资本投资回报。所以，人力资本对于城乡女性就业流动性的影响应该有着明显的城乡差异。另外年龄状况也是影响女性劳动力是否外出就业的重要因素因为年龄不仅体现着劳动者的工作经验也影响着她们的工作能力和外出就业适应能力。假说4：人力资本是影响女性就业流动次数和回流决策的主要因素，且对于城市女性更为明显。 **假说5：文化程度较高、有一定技能的农村女性劳动力更容易选择外出务工但是对于城市女性则相反。** **三、城乡女性就业流动的决定因素：家庭禀赋还是人力资本?** **本研究对城乡女性就业流动性做了一次较为全面的调研流动对象不仅包括曾经在外地就业过而当前不再外出的女性还包括现在正在外地工作只在春节期间临时回来\*以及从外地流入现住地的女性。** **(一)研究设计与数据描述** 本研究使用的数据来自2009年2月中南财经政法大学人口与区域研究中心和统计研究所联合对湖北省五个县(区)\*\*的城镇和农村居民的入户抽样 **调查按照概率比例抽样方法( Probabilities Propor-tional to Size) 进行分层整群抽样共调查了4442 位女性地理分布于三个地级市的城市、城郊、县城、乡镇以及偏远的农村。本次调查共发放问卷4500份，有效问卷4442份，有效率为98.7%。调查对象为18~45岁之间的女性，所有问题都由女性直接回答。调查内容包括三个部分：女性及其家庭基本信息、生育意愿、流动性现状及其影响因素。本文采用的资料涉及调查的第一和第三部分女性及其家庭基本** **\*本次调研时间选在2009年春节前后，有一部分外出务工者临时回家乡还未返回外出工作地** **\*\*** **调查地点分别为：仙桃市、鄂州市中心城区、鄂州市华容区、黄石市下陆区、黄石市阳新县** **信息部分具体包括与被调查者关系、性别、年龄、婚姻状况、政治面貌、健康情况、工作流动性、就业状况、户口性质以及相对应的家庭其他成员的基本信息；流动性现状及影响因素部分包括迁移现状、流出原因、外出工作的职业状况、流动中依托的社会关系、培训情况、在迁入地新建的社会网络、外地工作中主要困难以及将来的迁留打算等。本研究所涉及的城镇女性是具有城镇户口的女性劳动力，户口所在地包括中小城市、县城等农村女性是具有农村户口的女性劳动力。另外为了更好地区分女性劳动力走出家庭和离开户籍地外出务工的差异，本文将女性劳动力走出家庭(家务劳动)进入劳动力市场就业定义为劳动参与，而女性劳动力离开户籍地到外地就业定义为外出就业，也是本文所指的就业流动。本文重点研究的是后者。** **本文选择的研究对象是在18~45岁之间的女性劳动力\*，都是正值劳动能力和精力旺盛的年龄如果有孩子孩子一般都还未正式成家至少还没有成为家庭收入的主要供给者。所以处在这一年龄段的女性不仅有劳动能力，而且她们一般还有着家庭经济供给责任。调查对象平均年龄为33.7岁中位年龄为35岁，其丈夫的平均年龄为36.8岁；平均受教育年限为9.4年其受教育程度多数处在小学和初中水平，有46.2%的女性是初中文化程度，但仍有3%的女性是文盲或半文盲。相比之下其丈夫的文化程度要高一些，有近40%的人接受了高中及以上文化教育。按照户口性质分城市户口的女性1514人农村户口的女性2889人，占总样本的65%。按照现住地性质来分，现住地为一般农村的2419人农村集镇的245人，建制镇的658人县城的150人大中城市的948人\*。有外地工作经历的1855人占总样本的42%。** **(二)模型构建与变量选择** **从前面的理论分析可以发现女性的受教育程度、婚姻状况、丈夫的流动性以及孩子数量等多种因素都造成了女性就业流动性的差异，但这仅是根** 据以往的研究进行的理论分析还需要调查数据和计量分析为女性就业流动性的理论假设提供可靠的经验支持。本文利用选定的三组不同的自变量，建立了三个回归模型，首先是利用 Logistic 模型分析女性是否选择外出就业的决定因素(M)其次是利用 OLS 回归方法研究城乡女性就业流动次数\*\*\*的影响因素(M，)，另外还进一步探讨了女性回乡后就不再外出的影响因素(M，)。在对女性就业流动的各方面的影响因素分析中重点考察城乡女性的就业流动(M)决定中是家庭禀赋因素(P)起主导作用还是人力资本因素(H)起主导作用。流动决定模型为： **其中，M是计量模型中的因变量，自变量具体包括以下一些因素：(1)家庭禀赋变量。在这里选入了一组表示女性就业流动对家庭依附性的变量。女性就业家庭依附体现在两个方面，一方面是以家庭总效益最大化为目标所形成的社会责任如家庭收入、家庭规模、照顾孩子和老人；另一方面体现为家庭的各种资源对女性就业的可获得性有着重要影响，尤其是丈夫的职业和收入(石智雷、杨云彦2009)。因此本文选入的家庭禀赋变量包括丈夫的人力资本状况、丈夫的职业状况、家庭收入、学龄前孩子的数量以及正在读书孩子的数量等。丈夫的人力资本和职业状况不仅会影响女性是否外出工作还会景响她们工作的稳定性。家庭收入是反映家庭对女性劳动者就业的经济依赖或经济支持的重要变量。孩子数量往往表示着家庭的负担值一般来说家庭孩子越多以及年龄越小需要的照顾越多占用劳动者更多的时间女性劳动者越不倾向于到外地就业并且返乡的概率更高一些。(2)人力资本变量。女性劳动力的人力资本是影响其就业流动的重要因素。狭义的人力资本主要是指接受教育的程度。文化程度越高越有机会获得较好的工作和较高的收入，也越倾向于外出就业同样具有一定技术的劳动力更倾向于外出务工且返乡的概率较小。在本文中引入** **\*劳动年龄人口是一定年龄之上的人口，该年龄线是为衡量经济特性而规定的在不同的国家有不同的定义。在大多数发达国家，该年龄线定为15岁及以上；在一些发展中国家该年龄线定义得低一些，东南亚、非洲和拉丁美洲的一些国家年龄线定在10~12岁。由于按照我国目前法定退休年龄的规定最早申请退休年龄的劳动者为45岁，为此本文中所选研究对象是18~45岁之间的女性劳动力** **\*\*本部分数据统计中现住地性质缺失数据22人户口性质缺失数据39人城乡人口划分是以户口性质为依据** **\*\*\*在本研究中就业流动次数是指在过去的五年内更换工作地点或者工作单位的次数** 广义的人力资本概念除了女性的文化程度外还有年龄、培训等。年龄是决定劳动力就业流动性的重要变量把年龄和年龄的平方作为连续变量放入模型中并预期青壮年女性更倾向于外出就业就业流动次数也越多。培训是更直接的人力资本投资形式。这里的培训既包括工作前的培训，也包括在职培训；既包括职业培训，也包括与现职业无直接关系的培训。 **(三)计量结果与分析** 1.女性劳动力外出就业的影响因素。从表1的模型估计结果来看，人力资本变量和家庭禀赋变量对于城乡女性是否外出就业都具有显著影响。人力资本变量中年龄和文化程度这两个反映女性人力资本特征的解释变量对女性是否选择外出就业有着显著的负向影响。同文化程度为小学以下的相比，文化程度为高中(包括中专和技校)和大专以上的女性选择外出就业的概率分别降低了约1.309倍和2.953倍。参加过培训的女性选择外出就业的概率远远高于没有参加培训的。在家庭变量中丈夫的文化程度对于女性外出就业的影响并不显著，但是当家中丈夫外出时妻子选择外出的概率是丈夫没有外出家庭的9.311倍。当丈夫为建筑业和制造业工人时，对妻子外出就业具有正向影响，但是并不显著。家中有学龄前儿童对农村女性的外出就业有显著的正向影响，而家中在读孩子数量对于农村女性的外出就业有负向影响。另外家庭总收入对女性外出就业也产生正向影响，家庭经济条件较好的女性外出就业的可能性也更大。表1 女性劳动力外出就业的影响因素： Logistic 模型 | | **自变量** | **城乡样本** **Exp(B)** | | **城市样本** **Exp(B)** | | **农村样本** **3 Exp(B)** | | | --- | --- | --- | --- | --- | --- | --- | --- | | | **自变量** | **城乡样本** **Exp(B)** | | **城市样本** **Exp(B)** | | **农村样本** **3 Exp(B)** | | | **人力** **资本** **变量** | | **城乡样本** **Exp(B)** | | **城市样本** **Exp(B)** | | **农村样本** **3 Exp(B)** | | | **人力** **资本** **变量** | **年龄** | **\-0.057\*\*\*** | **0.944** | **\-0.044** | **0.957** | **\-0.058\*\*\*** | **0.943** | | **人力** **资本** **变量** | **小学以下(参照组)** | **NI** | **NI** | **NI** | **NI** | **NI** | **NI** | | **人力** **资本** **变量** | **小学** | **\-0.206** | **0.814** | **0.905** | **2.471** | **\-0.236** | **0.790** | | **人力** **资本** **变量** | **初中** | **\-0.108** | **0.897** | **0.984** | **2.676** | **\-0.148** | **0.863** | | **人力** **资本** **变量** | **高中、中专和技校** | **\-0.836\*\*** | **0.433** | **0.427** | **1.533** | **\-0.867** | **0.420** | | | **大专及以上** | **\-1.374\*\*\*** | **0.253** | **\-0.026** | **0.974** | **\-0.983** | **0.374** | | | **参加培训** | **6.770\*\*\*** | **871.220** | **6.263\*\*\*** | **524.683** | **21.388** | **2E+009** | | | **小学以下(参照组)** | **NI** | **NI** | **NI** | **NI** | **NI** | **NI** | | | **小学** **丈夫初中** **高中、中专和技校** | **0.803** | **2.233** | **\-0.622** | **0.537** | **0.986** | **2.680** | | | **小学** **丈夫初中** **高中、中专和技校** | **0.691** | **1.996** | **\-0.297** | **0.743** | **0.857** | **2.357** | | | **小学** **丈夫初中** **高中、中专和技校** | **0.556** | **1.744** | **\-0.491** | **0.612** | **0.734** | **2.084** | | | **大专及以上** | **0.123** | **1.131** | **\-1.096** | **0.334** | **1.047** | **2.848** | | | **丈夫外出就业** | **2.333** | **10.311** | **2.254** | **9.524** | **2.360以女** | **10.593** | | **家庭** | **丈夫为老板或经理** | **0.195** | **1.261** | **0.441** | **1.554** | **0.138** | **1.148** | | **变量** | **丈夫为专业技术人员** | **\-0.022** | **0.978** | **\-0.003** | **0.997** | **0.025** | **1.026** | | | **丈夫为工人、制造业或建筑业劳动者** | **0.070** | **1.072** | **0.225** | **1.252** | **0.072** | **1.075** | | | **丈夫从事农业生产** | **\-0.025** | **0.976** | **\-0.405** | **0.667** | **0.027** | **1.027** | | | **在读孩子数量** | **\-0.077** | **0.919** | **\-0.019** | **0.981** | **\-0.093** | **0.911** | | | **家中无学龄前儿童(参照组)** | **NI** | **NI** | **NI** | **NI** | **NI** | **NI** | | | **有学龄前儿童** | **0.459\*\*** | **1.582** | **0.429** | **1.536** | **0.469\*\*\*** | **1.599** | | | **家庭总收入** | **0.036** | **1.037** | **\-1.020** | **1.012** | **0.058\*\*** | **1.059** | | **地区** | **仙桃(参照组)** | **NI** | **NI** | **NI** | **NI** | **NI** | **NI** | | **变量** | **鄂州、黄石** | **\-0.602\*\*\*** | **0.548** | **\-0.440** | **0.644** | **\-0.634\*\*\*** | **0.531** | | | **常数项** | **\-0.285** | **0.752** | **\-1.020** | **0.360** | **\-0.439** | **0.644** | | | **N** | **2609** | | | **862** | | **1717** | | | **Cox & Snell R** | | **0.458** | | **0.425** | | **0.421** | | | **Nagelkerke R** | | **0.615** | | **0.628** | | **0.561** | | | **预测正确率** | | **83.4%** | | **88.9%** | | **80.7%** | **注： NI ( Not Ineluded) 指未包括在模型中；\*、\*\*、\*\*\*分别为0.1、0.05和0.01水平下显著。下同** 影响女性是否外出就业的因素有着明显的城乡差异。农村的文化程度为高中(中专和技校)的女性外出就业的概率较低。参加培训对农村女性外出就业没有显著影响，而对城市女性是否外出就业具有显著的正向影响。家庭变量中，在读孩子数量、有无学龄前儿童对农村女性外出就业有显著影响，而对城市女性的影响不显著。可见，家庭禀赋对于农村女性是否外出就业的影响要大于其对城市女性的影响。另外丈夫的职业对城市和农村女性外出就业具有不同的影响丈夫的职业对城市女性外出就业影响并不显著；而当丈夫为工人、建筑业和制造业劳动者的农村家庭妻子外出就业的可能性较大。 **2.女性外出就业流动次数的影响因素。在对城乡女性外出就业流动次数的影响因素分析中增加了女性在外就业流动时间和她们第一次在外就业时单位选择她们所看重的条件或资源，后者是从社会评价的角度对女性自身人力资本的衡量。** 从表2模型估计的结果可以发现，对于城乡女性而言她们在外就业流动次数主要由其人力资本变量所决定几乎所有的人力资本变量对女性在外就业流动次数的影响都非常显著相比之下家庭禀赋变量的影响要小得多。这一点和前面城乡女性是否外出就业的决定因素有着明显的不同。由此可见女性是否选择外出就业是由女性个人和家庭环境共同影响的而一旦外出就业后其就业流动次数则主要受个人人力资本因素影响。年龄较大、文化程度较高的女性流动次数较少，而参加过技能培训的女性的流动次数则反而有所增加。相比那些靠关系进入企业工作的女性靠学历、技能以及因为年轻能吃苦而获得就业岗位的女性流动次数要多一些。出现这种现象，是因为在企业里有一定关系有助于女性工作的稳定性而靠学历、技能以及年轻等人力资本外出就业的女性，通过频繁换动工作有助于其获得更好的工作。另外家庭变量中丈夫选择外出就业对于城乡女性外出就业的流动性有着显著的正向影响丈夫选择外出就业的家庭妻子的流动次数比丈夫没有外出家庭的妻子增加了0.271倍。 **表2城乡女性外出就业流动次数影响因素： OLS模型** | | **自变量** | | **系数** | | | | --- | --- | --- | --- | --- | --- | | | **自变量** | **城乡样本** | **城市样本** | **农村样本** | | | | **年龄** | **\-0.015\*\*\*** | **\-0.004** | **\-0.017\*\*\*** | | | | **受教育年限** | **\-0. 007** | **\-0.009** | **0.001** | | | **人力** | **参加培训** | **0.132\*\*** | **0.054** | **0\. 160 \*\*** | | | **人力** | **在外流动时间** | **0.190\*\*\*** | **0.188\*\*** | **0.190** | | | **资本** | **在外流动时间** | **0.190\*\*\*** | **0.188\*\*** | **0.190** | | | **资本** | **因为社会关系(参照组)** | **NI** | **NI** | **NI** | | | **变量** | **因为社会关系(参照组)** | **NI** | **NI** | **NI** | | | **变量** | **看重学历#** | **0.964\*\*** | **1.255\*\*** | **0.649** | | | | **看重技能#** | **0.856** | **0.900\*\*** | **0.836** | | | | **看重年轻能吃苦#** | **0.741\*\*** | **0.905\*\*** | **0.703** | | | | **丈夫外出就业** | **0.268女大** | **0.215\*\*\*** | **0.295** | | | | **在读孩子数量** | **\-0. 037** | **\-0.088** | **\-0.021** | | | **家庭** | **家中无学龄前儿童(参照组)** | **NI** | **NI** | **NI** | | | **家庭** | **有学龄前儿童** | **\-0.002** | **0.134\*\*** | **\-0.038** | | | **禀赋** | **有学龄前儿童** | **\-0.002** | **0.134\*\*** | **\-0.038** | | | **禀赋** | **0~1万元(参照组)** | **NI** | **NI** | **NI** | | | **变量** | **0~1万元(参照组)** | **NI** | **NI** | **NI** | | | **变量** | **总** **1~5万元收** **5~10万元入** **10万元以上** | **0.062** | **0.017** | **0.086** | | | | **总** **1~5万元收** **5~10万元入** **10万元以上** | **0.136** | **\-0.018** | **0.301\*** | | | | **总** **1~5万元收** **5~10万元入** **10万元以上** | **0.136** | **\-0.018** | **0.301\*** | | | | **总** **1~5万元收** **5~10万元入** **10万元以上** | **0.123** | **0.277** | **\-0.110** | | | **地区** | **仙桃(参照组)** | **NI** | **NI** | **NI** | | | **变量** | **鄂州、黄石** | **\-0.103\*\*** | **0.081** | **\-0.149** | | | | **常数项** | **0.697\*\*\*** | **0.262** | **0.712** | **大** | | | **F值** | **196.930** | **82.253** | **113.670** | | | | **R2** | **0.500** | **0.568** | **0.465** | | | | **调整后的R** | **0.498** | **0.561** | **0.461** | | | | **样本容量N** | **2768** | **893** | **1843** | | **注：#符号表示的四组变量是指女性劳动力工作流动过程中第一次到外地就业被工作单位录用所看重的资源或者条件。下同** 分城乡来看年龄因素对农村女性外出就业流动次数有着显著的负向影响，而对城市女性的影响则不显著；相反，在读孩子数量和家中有学龄前儿童这两个解释变量只对城市女性外出就业流动次数有显著影响在读孩子数量对城市女性流动次数有负向影响家中有学龄前儿童则对流动次数有正向影响可见在城市中生育和抚养是促使女性更换工作的重要原因。另外相对于农村的贫困家庭，经济条件较好家庭的农村女性流动次数明显增加，说明家庭条件较好的农村女性工作换动频繁，家庭的支持能帮助她们获得一份更好的工作。 3.女性返乡后不再外出的影响因素。外出务工劳动力的回流是当前中国一个令人瞩目的社会现象。在本文调查研究中也涉及到返乡后”不再外出的女性劳动力，样本量为1423人。从女性人力资本状况来看，在外参加过技能培训，并且是靠自己学历、技能找工作的女性劳动力更容易选择回流反而那些靠社会关系获得工作的女性劳动力返乡的概率更低。可见在当前城市劳动力市场中，依然存有对女性劳动力的就业歧视这种歧视削弱了女性的人力资本在就业市场上的竞争力。女性在外流动时间越长、在外就业流动次数越多，越倾向于返回家乡不再外出就业这也是当前农村人口城市化所面临的重要问题，即劳动力进城工作多年却不能在城市定居下来。 **分城乡来看，受教育年限和在外就业流动时间对城市女性劳动力的回流有着显著的影响，而对农村女性回流的影响则不显著；相反女性的家庭禀赋变量中家中有无学龄前儿童对农村女性回流有着显著的影响而对城市女性影响不显著。可见城市女性外出就业后是否回流一般是从自身发展的角度来考虑而农村女性返乡后是否还选择外出就业更多的是从家庭整体效益的角度来考虑。** 表3 女性回乡后不再外出的影响因素： Logistic 模型 | | **自变量** | **城乡样本** | | | **城市样本** | | **农村样本** | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | **自变量** | | | **Exp(B)** | | **Exp(B)** | **3** | | **Exp(B)** | | | **年龄** | **0.016** | | **0.984** | **\-0.041** | **0.960** | **\-0.007** | | **0.993** | | | **受教育年限** | **\-0.027** | | **0.973** | **\-0.123\*** | **0.884** | **0.032** | | **1.033** | | | **在外就业流动次数** | **0.473** | **女大** | **1.605** | **1.278以女** | **3.590** | **0.399** | | **1.490** | | **人力** | **在外就业流动时间** | **0.021** | | **1.021** | **0.116\*\*** | **1.123** | **\-0.010** | | **0.990** | | **资本** | **参加培训** | **1.015\*\*\*** | | **2.760** | **1.167\*\*\*** | **3.211** | **0.758\*\*\*** | | **2.134** | | **变量** | **因为社会关系(参照组)** | **NI** | | **NI** | **NI** | **NI** | **NI** | | **NI** | | | **看重学历#** | **2.820\*\*\*** | | **16.770** | **2.819\*\*** | **16.763** | **2.520\*\*** | | **12.428** | | | **看重技能#** | **1.687** | | **5.403** | **2.260以大** | **9.579** | **1.613** | | **5.018** | | | **看重年轻能吃苦#** | **2.201** | | **9.073** | **2.443** | **11.507** | **2.077** | | **7.979** | | | **丈夫外出就业** | **0.875大** | | **2.399** | **0.942\*\*** | **2.564** | **0.835\*\*** | | **2.305** | | | **丈夫为老板或经理** | **0.428\*** | | **1.535** | **0.391** | **1.478** | **0.429** | | **1.535** | | | **丈夫为专业技术人员** | **0.154** | | **1.167** | **\-0.129** | **0.879** | **0.333** | | **1.396** | | **家庭** | **丈夫为工人、制造业或建筑业劳动者** | **\-0.041** | | **0.960** | **\-0.258** | **0.773** | **\-0.029** | | **0.971** | | **禀赋** | **丈夫从事农业生产** | **0.161** | | **1.175** | **0.104** | **1.109** | **0.087** | | **1.091** | | **变量** | **家中在读孩子数量** | **0.170** | | **1.185** | **0.351** | **1.421** | **0.089** | | **1.093** | | | **家中无学龄前儿童(参照组)** | **NI** | | **NI** | **NI** | **NI** | **NI** | | **NI** | | | **有学龄前儿童** | **0.503** | | **1.654** | **0.186** | **1.204** | **0.452\*\*** | | **0.975** | | | **家庭总收入** | **\-0.07** | | **0.993** | **0.033** | **1.033** | **\-0.026** | | **0.975** | | **地区** | **仙桃(参照组)** | **NI** | | **NI** | **NI** | **NI** | **NI** | | **NI** | | **变量** | **鄂州、黄石** | **\-0.093** | | **0.911** | **0.773\*\*** | **2.166** | **\-0.169** | | **0.845** | | | **常数项** | **\-2. 040** | | **0.130** | **\-1.728** | **0.178** | **\-0.2411** | | **0.090** | | | **N** | **2738** | | | **952** | | | **1756** | | | | **Cox & Snell R** | | | **0.426** | | **0.511** | | | **0.381** | | | **Nagelkerke R** | | | **0.583** | | **0.756** | | | **0.511** | | | **预测正确率** | | | **84.4%** | | **93.5%** | | | **80.9%** | **这里的返乡对于农村和城市户口女性来说都是指到外地就业后又返回到其户口所在地** 本文以湖北省城乡调查数据为基础，分析了城乡女性劳动力就业流动性的特征差异并构建计量经济模型考察人力资本变量和家庭禀赋变量对城乡女性外出就业、在外就业流动次数以及回流选择的影响。通过理论分析和实证研究发现，家庭禀赋和人力资本对于女性的就业流动性具有重要影响，但是城乡女性就业流动性的影响因素有较大差异。具体来说是：(1)对于农村女性而言，和人力资本变量相比家庭变量在其是否外出就业的选择上发挥着重要作用；城市女性是否外出就业则主要受个人人力资本变量的影响。可见城市女性的就业独立性更强其人力资本状况成为决定其就业流动性的主要因素而农村女性相对来说家庭依附性更强一些也就是说在农村社会中还保留着较多的传统家庭分工模式。(2)相对于家庭变量，人力资本变量对于城乡女性在外就业流动次数的影响发挥着更加重要的作用几乎所有的人力资本变量对女性在外就业流动次数的影响都非常显著。可见，女性是否选择外出就业受家庭禀赋影响较大，而一旦外出就业后其就业流动次数则主要受个人人力资本状况的影响。 **女性的家庭依附性较之男性要更强一些，她们不仅在市场经济的就业竞争中天生的具有一些不利因素，而且还要承担着照顾老人、养育孩子等责任(石智雷等2009)。尤其是婚姻状况、孩子个数和丈夫是否外出对女性的就业流动性有着重要影响。从调研结果也可以看出城乡女性中选择外出就业的主体是未婚女性。婚姻状况对城市女性外出就业的影响并不明显而农村未婚女性选择外出** **就业的比重高达64.79% 超过已婚女性近19个百分点说明我国农村女性外出就业易受婚姻状况的影响。农村女性受教育程度相对较低，通常较早就选择外出就业并且农村未婚女性的这一选择更多的是出于个人意愿，个人行为决策所占比重较大，但农村已婚女性外出就业选择更多取决于家庭决策。** **从理论分析和经验模型的结果可以看到农村女性劳动力的家庭依附性明显高于城市女性家庭照顾占据了农村女性大部分时间尤其是有孩子读书的家庭女性外出就业概率明显降低。其中一个明显的原因就是当前的户籍制度对农民工子女城市就学的限制。解决农民工子女教育问题的关键是消除二元体制的影响逐步解除与户籍制度挂钩的教育体制，改变城乡公民享受不同社会待遇的社会现实各级政府还应根据实际需要改革教育财政投入机制取消对外地流入学生的额外收费，加大对民办农民工子弟学校的扶持力度并把民办学校也纳入到城镇教育的规划、管理和服务之中。把女性从家庭中解放出来的关键是要实现家务劳动社会化这对城乡女性外出就业都有着重要的意义。通过大力发展直接为家庭服务的第三产业，使家务劳动逐步从家庭转移于社会从而实现劳动服务的专业化和高效率化完善家庭功能，促使妇女生活质量的改善，从事对自己、对社会更有益的活动，真正实现妇女解放。另外女性外出就业的家庭依附性还体现在家庭禀赋状况对她们的外出就业提供了必要的帮助，由此可见我国城乡劳动力就业市场机制还有待进一步完善。** **参考文献** **1\. 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Dependence on Family ， Human Capital and the Job Floating of Female _·SHI Zhilei and YU Chi( 81)_ **Based on 4442 female samples from Hubei provinces ， this paper analyze the differences between urban and rural female labor force in job floating ，then construct an econometric model to show the af-fect of human capital variables and family variables on women’s job floating. The results indicate that ， both the dependence on family and human capital has important influence on the job floating of female ， but the degree were quite different between urban and rural female. For rural women ， family variables play important role in whether outside working. For urban and rural women ， family variables have sig-nificant impact on their choice of outside working ，once the female choose work outside ，the frequency of the job floating mainly affected by the impact of human capital.** The Regional Public Goods Collaborative Supply： New Ideas of Anti-poverty in the Western Ethnic Contiguous Poverty Areas： Observations and Reflections about the “Merging town” of Longsan in Hunan and Laifeng in Hubei _... LI Lewei and CEN Qianming(91)_ Investment Value Evaluation of General Agricultural Listed Companies of A-shares _...FU Wenge ZHAO Nan CHANG Leiqing ZHAO Guodong and HAO Zhijian( 97)_ **This paper uses analytic hierarchy process to establish the comprehensive evaluation index system of investment value of general agriculture listed companies ， and studies the investment values of 160general agricultural listed companies of A-shares. The evaluation results indicate uneven development level and large investment value disparity across general agricultural listed companies. The winery com panies have a higher investment value ， but the fertilizer-making companies have a lower investment val-ue. Both synthesized competitiveness and investment value of the listed companies with diversified busi-ness and prominent main business are higher.** Control Fluctuation Promote the Stable Development of the Cotton Industry **_ZHANG Guoging and GUO Wei(104)_** Summary on 2011 Annual Conference of China Agricultural Economic Society **_· LV Xinye and QING Ping(106)_** Issues in Agricultural Economy(IAE) is published jointly by the Chinese Association of Agricultural Econo-mists (CAAE) and the Institute of Agricultural Economics and Development (IAED) Chinese Academy of Agri-cultural Sciences( CAAS) since 1980. Chief of Editorial Board： YIN Chengjie Address： 12 Zhongguancun Southstreet， **Editor - in - Chief： QIN Fu Beijing 100081 ，China** **Tel：(8610)82108705 Overseas Distributor： China International Book Trading** Fax： (8610) 82109791 Corporation( P. O. Box 399. Beijing ，China) **E - mail： nyjjwt@ mail. caas. net. cn Code No. M571**

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**论太行精神的历史地位** **张民省** **(山西大学，太原 030006)** **\[摘要\] 抗日战争中培育的太行精神，凝聚着中国共产党人的优秀品质，凝聚着中国人民的奋斗精神，永远是中华民族的宝贵精神财富。这个精神同我们党领导人民在长期革命、建设和改革中形成的优良传统和时代精神结合在一起，是中华民族生生不息、发展壮大的强大精神动力。** **\[关键词\] 太行精神，民族精神，革命精神，历史地位：** **\[中图分类号\]D616 \[文献标识码\]A 〔文章编号\]1004-4175(2011)04-0025-03** **2005年7月，中共中央总书记胡锦涛在八路军太行纪念馆后面的凤凰山上，深情地告诉在场的领导干部和人民群众，“八路军和太行儿女为抗日战争的胜利作出了巨大的牺牲和重要贡献。抗日战争中培育的太行精神，凝聚着中国共产党人的优秀品质，凝聚着中国人民的奋斗精神，永远是中华民族的宝贵精神财富”。(这一讲话，充分说明了新一代党的领导集体对太行军民在抗日战争中所创造的太行精神的高度重视。所以，今天我们追根溯源、探究太行精神的历史地位，对发挥这一精神的时代价值，具有重要的现实意义。** **“在我国历史上，爱国主义从来就是动员和鼓舞人民团结奋斗的一面旗帜，是各族人民共同的精神支柱，在维护祖国统一和民族团结、抵御外来侵略和推动社会进步中，发挥了重大作用。在爱国主义精神的激励下，我们的国家和民族自强不息，具有伟大的凝聚力和生命力。”〔2\](P2)中国是一个有着五千年灿烂文明的国家，中华民族是一个不屈不挠、历经磨难而自强不息的伟大民族。形成于抗日战争年代的太行精神在其中不是一种抽象的概念，它所折射出的底蕴和更深一层的内涵则是纯真的爱国主义精神。** **“九一八事变”后，中国共产党即倡导建立抗日民族统一战线。在促成抗日民族统一战线建立的过** **程中，中国共产党一切以民族利益为重，以抗战大局为重，表现出卓尔不群的智慧和海纳百川的胸怀，从而在统一战线中树立了崇高威望，成为引领全民抗战的一面旗帜。国共合作局面形成后，中国共产党积极维护和巩固抗日民族统一战线的大局。特别是抗日战争进人相持阶段后，国民党多次制造破坏团结的一系列反共事件，掀起大规模的反共摩擦，但由于中国共产党坚持独立自主的原则，运用又联合又斗争的策略，“发展进步势力，争取中间势力，孤立顽固势力”，C3\](P263)牢牢把握统一战线的领导权，迫使国民党始终不敢公开破坏国共合作，始终留在抗日阵营内。这充分显示了中国共产党在团结全民族抗战中的中流砥柱作用，也充分说明，大敌当前，中华民族的民族意识空前觉醒，包括国共两党在内的所有中华儿女，以民族大义为重，团结在抗日民族统一战线的旗帜下，万众一心，共御外侮，伟大的民族精神又一次得到了张扬。** **在抗日战争中，国家统一、民族独立的爱国主义精神始终是战胜日本侵略者的信念基础。当年，在国家和民族面临生死存亡的紧要关头，中华儿女更加自觉地意识到挺身而出，维护国家和民族的统一、独立的重要性与紧迫性。在这种爱国主义信念支撑下，产生的是勇敢、智慧和忠诚，是祖国利益高于一切，是为了国家和民族的利益，精诚团结、勇于牺牲、不屈不挠、与敌人血战到底的精神。这种精** **\[收稿日期\]2011-06-10** **\[作者简介\]张民省(1964-)，男，山西永济人，山西大学政治与公共管理学院副教授。** 社会科学学术期刊数据库 **神，贯穿于中国人民抗日战争全过程，始终是中华民族抵御和战胜日本侵略者最重要、最坚定的精神支撑。在华北沦陷、国难临头的危急关头，中国共产党在千山万壑四面受敌的太行山区建立起了第一个抗日根据地。在八年的抗日战争中，无数共产党人和人民子弟兵英勇杀敌，前赴后继，直至献出自己的生命。** **1945年9月，全民抗战的胜利，使民族精神在抗战中得到锤炼和升华，中华民族由此显现了复兴的契机。在抗日战争艰苦的环境中产生和形成的太行精神，在当时凝聚着中国共产党领导的敌后军民团结一致、不畏强暴的爱国主义精神，是抗日战争彻底胜利的力量源泉。今天，她仍然是新时代培育和弘扬民族精神的宝贵财富，是丰富人们思想道德建设的精神食粮，是激励全国人民全面建设社会主义现代化国家的强大动力。** **抗战八年，数十万军民坚持在一个封闭落后、土地贫瘠的山区，并在一个没有任何物资接济和给养的环境中不断发展、成长、壮大。用“小米加步枪”对付拥有现代飞机大炮、数倍于自己的疯狂侵略者，并最后取得战争的胜利。太行根据地军民遭遇了无数艰难困苦，特别是1941年、1942年日本侵略者对根据地猛烈的“扫荡”，加上多年不遇的旱灾、蝗灾肆虐太行山区。从八路军的总司令、部队首长、地方干部到普通的士兵和老百姓，全体军民和衷共济、共渡难关。在缺乏生产资金和生产工具的极端困难的情况下，太行军民发扬自力更生、奋发图强的精神，一面动手开挖窑洞解决住宿问题，一面勘察开荒的地区，学习耕作技术，制作生产工具，动手开垦荒地，抢种补种、采集野菜、兴修水利、纺花织布、合作生产，军民关系进一步密切，经济进一步发展。这一系列举措有力地支援了抗日前线的军事斗争，为发展生产开辟了一条广阔的道路。** **为了减轻根据地人民的经济负担，八路军主力部队和政府机关实行精兵简政和“生产自救”运动，人民武装也在条件许可的地区实行“劳动与武力”相结合的“战斗与生产”。太行根据地的各级政府在毛泽东提出“自给自足，自力更生”的经济建设方针和“发展经济，保障供给”的总方针指引下，实行合理减轻负担、减租减息、救济赏款生产、厉行节约政策，整顿村级财政、肃清贪污浪费、发展集市贸易等运动和工作，极大地调动了根据地军民劳动生产和经济建设的积极性。同时，根据地政府还号召军民** **大力开展生产度荒，千方百计发展农业生产，男女老少都被动员起来加人到生产自救运动中。如晋察冀抗日根据地鼓励群众发展生产，植树造林，兴修水利，改良耕作方法，开垦荒地，多打粮食，支持抗日，改善生活，为抗战胜利奠定了物质基础。所以，1943年7月，邓小平在总结《太行区的经济建设》一文中深有感触地指出，“敌后抗战是一个极复杂、极艰难的斗争，我们已经胜利地度过了整整的六年，并且已经奠定了继续坚持争取胜利的基础。以八路军这样窥劣的武器，四年来没有得到一个铜板、一颗子弹的接济，而能战胜各种困难，与强大的敌人进行短兵相接的斗争，这不能不说是一个奇迹。”【4〕(P77)太行根据地军民的齐心协力，排除万难的胜利斗争，进一步说明“战争、生产、教育是敌后的三大任务”，“把三者密切地结合起来，就是不可战胜的力量”。(4】(P85)** **二** **巍巍太行孕育了太行人民勤劳、勇敢、智慧的精神品质。抗日战争时期，中国人民面对的是装备精良、训练有素的日本侵略军，而八路军虽然政治素质好、斗志昂扬、英勇善战，但数量少(初期不足4.5万人)、武器装备差。这是敌我军事力量对比的基本情况，也是我们制定对日作战战略方针的基本依据。为此，八路军制定了发动群众建立人民抗日武装，建立人民政权，开展游击战，打一场人民战争，到敌后建立抗日根据地的战略方针。** **正是依托太行山区的各个抗日根据地，八路军有了赖以生存和发展的立足地及向敌人反攻的战略出发地，不仅加速了抗日战争胜利的进程，而且为夺取解放战争的胜利创造了条件，打下了坚实基础。这一发展轨迹正是中国共产党“把落后的农村”造就成为“先进的巩固的根据地”，造就成为“军事上、政治上、经济上、文化上的伟大的革命阵地”的深刻反映，是中國共产党依靠农民这个“革命主力军”，实现了“无产阶级领导之下的农民战争”〔3J(F609)的客观必然，是以毛泽东为代表的中国共产党人，成功地驾驭统一战线的武装斗争，开创了具有中国特色的民主革命道路的光辉实践。** **而抗日战争采取何种作战形式，也要考虑到怎样有利于人民参加抗战，有利于人民群众在作战中发挥聪明才智。游击战通常作为正规战、阵地战的一-种辅助手段，是一种战术行为。但在抗日战争中毛泽东首次把它提高到战略地位，结合敌我条件的对比，系统地论述了游击战在抗日战争全过程的战** **略作用。“抗日游击战争主要不是在内线，在战役战斗上配合正规军作战，而是在外线即在敌后单独作战……，通过长期的不断削弱敌人，壮大自己的战斗，游击军和游击战争必将向正规军和运动战发展，成为最后战胜敌人的强大战斗力量。”\[3\](P405)尽管“游击战争没有正规战争那样迅速的成效和显赫的名声，但在长期和残酷的战争中，游击战争将表现其很大的威力，实在是非同小可的事业。并且正规军分散作游击战，集合起来又可作运动战，八路军就是这样做的。\[3\](P500\]** **当年，太行根据地广大农民自觉参加抗日游击队，以自己独到的方式，配合八路军，破坏交通、狙击敌人。他们以游击战争为最生动的形式在共产党的领导或影响下与日伪军拼搏，发挥了伟大的创造力。没有武器从敌人手中夺、自己造，没有粮食自己筹，没有药品自己制，自动组织担架队抢救伤员，并从当地地形地物出发，创造了各种形式和方法。创造了地雷战、地道战、麻雀战、破袭战、水上游击战、敌后武工队等各种游击战术，大量牵制和消灭了敌人。同时在各根据地，实行减租减息、交租交息的土地政策，“三三制”政权形式，以大生产运动和党的整风运动为中心环节的各项政策贯彻落实，使根据地度过了抗日战争的战略相持阶段，并为战略反攻奠定了精神的、物质的基础。** **四** **太行精神诞生并形成于抗日战争时期，是中国共产党领导的八路军和太行人民在延安精神的指导下形成的时代精神。在中国共产党领导下形成的太行精神，从政治上锻炼了抗日军民为民族的解放、为党的事业奋斗到底的坚强决心，使成千上万的爱国青年成为坚强的共产主义战士，从军事上培养了一大批勇猛善战、智勇双全的军事指挥员，形成了八路军以“小米加步枪”对付敌人飞机大炮的斗志和敢于胜利的作风，从经济上造就了一大批自力更生、勤俭持家的经济工作干部，使他们学会了生产斗争知识，积累了经济工作经验。由于太行精** **神产生时所处历史条件的特殊性，赋予了其浓厚的民族性。这是太行精神有别于中国共产党人创造的其他革命精神最核心的内容。** **太行精神是中国共产党领导抗日军民克敌制胜的伟大精神力量，是中国革命中独有的精神财富和重要组成部分。太行精神是以党的政治优势、党的优良传统和作风为核心内容的无产阶级革命精神，其形成和完善是中国共产党人在长期革命斗争实践中逐渐积累和发展起来的，是党在第二次国内革命战争时期形成的井冈山精神、长征精神和延安精神的继承和发扬、丰富和升华。作为中国革命精神的组成部分，太行精神是对井冈山精神、长征精神，特别是延安精神在太行山抗日根据地的继承和发扬，是对延安精神在抗日根据地的具体化。可以说，延安精神是太行精神生成的重要基础，太行精神是对延安精神实质的再现。** **总之，产生、成长于太行抗日根据地的太行精神，把中国革命精神提升到一个新的境界，是具有时代特色的民族精神。太行精神同井冈山精神、长征精神、延安精神、西柏坡精神一样，凝聚着中国共产党人的优秀品质，凝聚着中国人民的坚强性格，凝聚着中华民族光荣的历史传统，是一种极其宝贵和强大的精神力量。这一精神博大精深、源远流长，是中华民族生命机体中不可分割的重要成分。这一精神，同我们党领导人民在长期革命、建设和改革中形成的优良传统和时代精神结合在一起，是中华民族生生不息、发展壮大的强大精神动力。** **参考文献：** \[1J刘 **伟，刘思扬.胡锦涛来到山西革命老区武乡县看望老区群众\[N\].人民日报，2005-08-01.** **\[2\]江泽民.在首都纪念“五四”运动71周年大会上的讲话\[M\].北京：人民出版社，1940.** **〔3\]毛泽东选集：第2卷\[M\].北京：人民出版社，1991.** **\[4\]邓小平文选：第1卷\[M\].北京：人民出版社，1994.**

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素描与现代写意人物画写实风格的素描，一直是包括中国画专业在内的中国高等美术院校的基础课，对整个二十世纪以来的中国美术影响深远，尤其是对现代写意人物画的形成与发展，起了决定性的作用，现代中国写意人物画，就是在素描基础上建立起来的。素描作为写意人物画的基础，主要体现在两个方面，一是在学习阶段，要求学生必须首先在素描上有了-定基础后，再进入水墨层面上的专业训练：另一方面是在创作过程中，首先画好素描稿，然后再根据素描稿用笔量进行制作。近百年来的教学实践和创作经验证明，这种允许在作画过程中修修改改、边想边面，可以逐渐深入和反复加工的渐进式、显影式铅笔画，的确比较适应初学者的需求。对于写实性绘画来说，也可以起到有效的辅助作用，即使对工笔画，也是基础训练和起稿环节行之有效的手段，但对于写意画来说，素描训练更容显使写意厨家养成观察不敏锐、反映不数捷、下笔不简练，以及笔墨难以生动、鲜活、流畅、精妙的弊病。在现代水墨人物画上，这些负面影响已经表现得十分突出。虽然现代写意人物画家的写实能力比古人强了很多，但在写意性上却远远达不到梁楷、闵贞、任伯年的水平，其画面效果更像是水是素描或水墨速写，然而这种“素描病”在现代写意花鸟和水墨山水画家那里并不突出，原因是前者从学画到创作自始至终都高不开素描这根“拐杖”，后者在训练和创作过程中，井不过分依赖于素描和速写。我们很少见水墨山水画家、写意花鸟画家先打好素描稿，再拷贝到宜纸上画水墨的。达或许就是现代写意人物画家在笔墨上始终逊色于山水、花鸟画家，以至于要经常临摹水墨山水和写意花鸟画作品来弥补自己笔最上的不足的原因。水量人物画，习惯上也称作写意人物画，人们一般都把这两个概念当作是同义词。其实不然，，二者除了工具材料的相同外，其内涵和本质实际上却大相径庭。水墨人物画，可以泛指用水墨画材料绘制的人物画：写意人物画，则是指运用精炼、绝妙的笔法与墨法，自由自在书写出来的人物画。其中精炼、绝妙和书写性这三个条件是写意人物画的核心要素，如果仅仅具备了水墨一个要素，那与传统意义上的写意人物画相去甚远，实在是貌虽似而质不同。自徐悲鸿和蒋兆和以来，大家基本上都把水墨人物等同于写意人物，误以为写意画就是用毛笔在生宜纸上面水墨。以致于大半个世纪以来，我们在这条道路上做出的努力越多，进展越大，反而离我们心目中的写意人物画越远。自\]943年《流民图》诞生以后，无数中国画家沿着这条素描加水壶的道路，弹精端力，苦心经营了大半个世纪，竟然再也没有创作出一件足以胜过《流民图》的作品。须知，《流民图》仅仅是真正意义上的现代写意人物画史上的“处女作”，在很多方面都还很不成熟，后来者怎么就无法超越呢。这个现象不是很令人费解吗? 毫无疑问，蒋兆和以后的中国画家，在专业上比蒋兆和强的人注定不在少数，但为什么没有作出比蒋兆和更大的成就呢?就是包括蒋兆和本人后来也没能超越自己，甚至还有退步。这个问题显然很有意思。是什么原因造成了这一局面呢?我认为，表面上这与造型能力不足和笔墨功夫欠佳有关，但根本原因还是出在造型方法和艺术观念上。具体来说，就是写意水墨人物耐照搬写实性的西模式行不通，无论是偏向于素描还是侧重于速写，都不是我们梦寐以求的那个写意人物画。同样是打着写意画的旗号，现代写意人物画与传统写意人物画也有着本质上的差异，区别之处就在于创作的目的和作商的方式。传统写意人物画侧重的是志趣、性情、学识和笔暴；现代水墨人物画关注的是视觉冲击力和物象的真实感。目的不同，作國的态度与要求也就不一样。传统写意人物画并不斤斤计较客观对象的真实细节，追求的是作画过程的随意与率真，看重的是笔墨语言的意味与灵性。因此，只要情趣有了，韵味足了，就不强求造型和笔墨上的面面俱到。这样容易发挥写意画的优势与本质。可情现在绝大多数水墨人物画家，虽然打的是写意的旗帜，实际上做的都是写实的文章。在崇尚意会的写意画中求写实，在注重意外效果的水墨面里求控制，用最容易掌握的素描训练最难于驾驭的水是，这岂不是对缘木求鱼、南辕北辙的绝妙诠释么。从基础练习到艺术创作，都以素描为先，然后再将素描效果转化成水墨，也就是等铅笔素描画到一定程度时，再将铅笔换作毛笔，将素描纸换作生宜纸，将能够反复与修改的素描画法，换成不便于修改和反复的水是爱法，岂不知这个如意算盘实际上是无法实现的，因为已经被深刻在画家脑子里的素描烙印，此时此刻早已无法被替换， “素描是一切造型艺术的基础”，这句话很容易对写意画家造成误导。因为对于写意画家来说，造型能力与素描水平并不是一码事，我们现在所理解的素描，通常都是指铅笔画之类的写生作业，这样的素描从形式语言到画面形象，基本上都是客观对象的真实反映，而写意画的造型能力，侧重的是语言和形象的创造性，即必须将客观物象的真实，转换为程式化的笔墨符号和抽象性的主观意象， “外师造化，中得心源”就是这个意思。由于认识不准确，作为造型训练手段的素描，就逐渐反客为主，演变为写意人物画的努力方向，这也就是现代写意人物画尽管在造型上取得了巨大进步，所用的工具材料也是毛笔、水录与宜纸，但就是因为这个程式化和抽象性因素的缺乏，总显得中国画品味和写意性特征不到位。如果理解了我们之所以重视素描的初衷，就是希望通过素描手段，达到提高观察物体、把握结构、塑造形象的能力这个道理，培养写意人物画家就不见得非要经过素描这一关。而是也像水墨山水和写意花鸟画家一样，直接以水墨作为自己基础训练的手段，完全可以一举两得地既解决了造型问题也提高了笔墨水平，而不必再在素描的弯路上浪费时间和精力。说用素描作为训练写意人物画的基础课不合适，也许会有很多人反对，而如果说素描也是训练水墨山水和写意花鸟画的基础课，一定会造到更多人的质疑，这都是习惯带来的后果。画工笔画可以有稿子，就像练习楷书可以描红一样，但谁又能想象写草书也是先打好稿子，才下笔照着描的?书画同源的写意人物画，又为什么非要走从素描到水墨的道路呢?理想的写意画，肯定不是在素描稿上孕育出来的。既然在没有素描介人的古代，中国画能够在山水和花鸟画上放笔直取，创造了堪称形神兼备、笔精墨妙的写意画，就足以说明素描未必是写意人物画家理想的必修课，也不是写意人物面唯一的造型基础。口康书增新疆师范大学美术学院美术学数据库

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对新时期高校校园文化建设的思考于海印，赵娟 2 (1.河北科技师范学院团委，2.图书馆，河北秦皇岛066004) 摘要：高校校园文化建设对于大学生的全面成长、成才具有重要的意义，但新时期带来了许多新情况和新问题，解决好这些问题，需要从校园文化建设的组织运作和活动内容与目标重新定位、创新等方面入手，进一步加强高校校园文化建设。论文从校园文化建设的必要性和重要性出发，对高校校园文化现状进行分析，对新时期校园文化建设的具体措施进行了深入探讨。针对大学生自身情况，以全面教育作为校园文化建设的主要内容和目标，并以此为核心，设计了校园文化活动体系，创建了以月份为单位的校园文化框架。为高校大学生校园文化建设提供了可供参考的意见和建议。关键词：新时期；高校；校园文化；思考中图分类号：F323.9 文献标识码：A 文章编号：1672-7991(2008)04-0088-04 Thoughts on Cultural Construction in the University Campus in New Times Yu Haiyin， Zhao Juan (1. Communist Youth League Committee， 2. Labrary， Hebei Normal University of Science & Technology， Qinhuangdao Hebei 066004， China) Abstract： The cultural construction in the university campus play an important role in regard of students’ comprehen-sive growth. There are many new issues and problems in the new times. It is necessary to carry out organization oper-ation of campus cultural construction， relocation and innovation of activities to solve these problems and strengthen the university campus cultural construction. In this paper， beginning with the necessity and importance of campus cultural construction， the current state of campus culture is analyzed， and an in-depth discussion about the concrete measures of constructing campus culture in the new times is carried out. Focusing on college students’ own situations， a co 1- prehensive education is taken as the main content and aim of building the campus culture， and it is regarded as a core to design the campus culture system， and a campus culture frame is established using month as the unit. In this way， valuable opinions and suggestions for the university campus cultural construction are provided in this paper. Key words； new times； university； campus culture； thought 当前，市场经济和经济全球化的确立，以及信息时代各种文化铺天盖地的袭来，都对高校育人工作的开展提出了新的要求。高校校园文化作为高校开展素质教育的重要平台，它的生长、发展是高等教育环境中的一种独特的文化现象。校园文化的重要作用就是要让健康、向上的文化塑造人，让美好、崇高的文化培养人。校园文化建设的主要途径就是把德育、智育、体育、美育有机结合起来，寓教育于丰富多彩的学术、科技、体育、艺术和娱乐活动之中。作为一种环境教育力量，校园文化对学生的健康成长有着巨大的影响。随着大学生素质拓展计划的全面实施，打造有特色、高品位、上规模、品牌化的“校园文化超市”已成为高校进行校园文化建设的客观需要。一、高校校园文化建设的重要性和必要性建设积极向上而富于浓厚文化底蕴的高校校园文化对于培养青年学生的综合素质，优化高校育人环境，以及加快高校改革、发展和稳定方面，都起着积极的促进作用。校园文化建设的好坏，从大处讲，关系到一代又一代年轻人的成长，关系到我国能不能培养出千百万合格的社会主义现代化事业的建设者和接班人，关系到民族文化的现在和未来能不能始终朝着中国先进文化前进的方向发展；从小处讲，它影响着全体师生的价值观收稿日期：2008-11-19 作者简介：于海印(1976-)，男，政工师，主要从事思想政治教育研究、青年研究。念、道德意识、行为准则和审美情趣，也严重影响着校园文明的建设。通过开展形式多样的校园文化活动，既可以使学生净化心灵，陶冶情操，也可以提高大学生的审美情趣和思想道德素质，同时校园文化活动的发展壮大过程，也是高校自身文化的不断传承、积淀和发展的过程。1! 二、高校校园文化建设的现状 (一)缺乏领导，流于形式随着高等教育的大众化，以及高校毕业生就业形势的严峻，各高校对于校园文化活动的开展越来越流于形式，高校各部门都应把工作的中心转移到学生的录取和就业上来，而对于学生的培养环节，尤其是第二、三课堂的培养失去了领导，处在一种无人问津的状态，任其自由发展。 (二)校园文化冷热不均由于缺乏领导，致使高校校园文化活动处在一种盲目的发展状态，许多活动都是自上而下的组织，失去了学生主观能动性的发挥。而学生真正需求的校园文化活动又缺乏指导而导致活动水平低，从而使学生的活动积极性遭到严重打击。 (三)大众化的校园文化变成了精英教育由于校园文化活动的“家长制”，导致活动吸引力下降，参与面降低，因此校园文化活动的主体从全体学生集中到部分学生干部身上，造成了学生于部成为高校学生部门打杂的现象。三、高校校园文化建设的思考 (一)校园文化建设的领导青年代表着未来，未来中国的发展和现代化的建设事业需要的大批合格人才，必须从现在的年轻人抓起。怎样才是合格的人才呢?邓小平同志曾特别强调，青年必须坚定理想信念，坚持正确的政治方向。在他提出的有理想、有道德、有文化、有纪律的青年发展目标中，最重要的是有理想、有纪律。然而青年人又正处于思想的定型期，面对信息时代，大量西方敌对势力信息冲击着年轻一代尚未成熟的心灵。高校校园文化建设正是通过全体师生员工在教学、科研、管理、生活等各个领域的相互作用中共同创造出来的一切物质和精神的成果，来引领青年一代树立正确的世界观、人生观和价值观。加强高校校园文化建设的领导，是保证高校校园文化建设朝着健康、向上的良性轨道发展的重要前提，也是高校作为国家和社会育人机构的重要职责。 (二)校园文化建设的主要力量高等教育大众化、高校扩招带来高校生源的不断扩充，办学规模的不断扩大，使以往由团组织和学生会为主组织的大规模校园文化活动，在人员组织和时间安排上都有了很大难度。此时社团的优势显现出来了，随着高校社团的不断发展壮大，其灵活多样的活动越来越展现出强劲的渗透力，从而得到越来越多的青年学生的青睐。共青团、学生会和社团已组成了新的校园文化建设的全新的“--体两翼”的工作格局。 1.共青团系统。以团组织为龙头，带动整个共青团系统，加强各级团组织的建设，使校园文化活动形成班、系(院)、校三级特色。校团委在整个校园文化建设中起到制定主题和总体策划的作用。 2.学生会系统。主要有两个任务：第一，在团组织的指导下，按照校园文化的原则充分发挥学生会的主体性和创造性，打造青年学生自身需求的校园文化品牌，以品牌性的校园文化活动开展自我教育；第二，就是服务广大同学，维护广大同学的正当权益，以实际行动不断树立学生会的威信。 3.社团系统。通过小型的、精品化的、内容丰富的社团活动，达到校园文化活动百家争鸣的景象，使每一个青年学生都能成为校园文化活动的主体，展示其个性，发挥其特长，使其正确的自我定位。 (三)校园文化建设的主要内容和目标 1.以“价值观”为核心的三观教育。价值观是信仰的核心，信仰是人类生存的力量源泉。抛开中国传统的“道德人”，抛开西方技术理性所导致的“机器人”，极端个人主义所导致的“经济人”，21世纪的大学生必须养成尊重生命，追求真理，人格独立，热爱人类的品格，为人类全面解放，为人类全面而自由的发展而奋斗。 2.以“观念教育”为核心的德育教育。抛开传统的小农意识与官本位思想，树立开放观念、发展观念、平等观念、开拓观念、竞争观念、团结观念等现代观念，塑造21世纪的人格状态。 3.以“科学精神”为核心的求是教育。求是教育即崇尚科学，追求真理的观念，具有渊博的科技知识，具有科学理性思维方式与人格状态，具有追求科学知识的献身精神。 4.以“技能”为核心的实践教育。以高校培养的专业技能为核心，向外扩展。提高大学生知识转化能力，提高大学生未来适应能力。培养诸如计算机操作、英语口语、演讲、专业操作能力、市场营销、形象设计等多项技能，使大学生成为过硬的人才。 5.以“心理素质”为核心的情商教育。面对竞争，必须以优秀的心理素质做铺垫，优秀的心理素质是人类特有的宝贵财富。大学生必须有科学的自我意识，必须有正确的自我认知，必须有良好的调节能力。心理素质优秀，预示着人的成长与成熟。 6.以“全民健身”运动为核心的健康教育。健身运动，不仅仅是一种体能的训练，而且是一种精神的创造：参与精神、拼搏精神、团结精神、挑战精神。另外，不仅仅是健康而且是健美。因此，全民健身运动还是一种精神与美的创造。 7.以“形象素质”为核心的审美教育。大学生必须有一种形象意识，塑造一种特有的精神风貌。形象是一种内、外素质的整体综合，其通过个人的风格展现出来，也是为走向社会，走向未来的一种整体设计。 8.以“培养特长”为核心的个性教育。“个性”教育是当今教育的一种新境界，个性教育绝对不是以“个人”为中心的教育，而是一种主体意识的培养，一种自我建设意识的培养，让每一个同学都能发现自己的天才区域，发展自己的天才区域，按照教育规律把学生培养成社会所需要的不同规格的人。 9.以体现“集体精神”为核心的人格教育。必须培养一种真正的集体精神，人类才能走向解放。21世纪崭新的时代，只是意味着这种观念的强化，只是要把这种集体精神与独立人格建设统一起来。 10.以培养“主体精神”为核心的创造性教育。素质的重要标志就是创造，没有创造就没有发展，创新是一个民族的灵魂。在激烈竞争的现代信息社会，不创新就等于死亡。因此，学校应在力所能及的范围内营造一个有利于培养学生创造能力，有利于人才脱颖而出的环境。 (四)校园文化体系设计 1.校园文化活动框架设计。首先，框架须是一个有机的系统，其内容不是杂乱无章的，而要涵盖素质的几个层次：思想素质、观念素质、技能素质、心理素质、审美素质、个性特长、身体素质等，这样的内容设计与学生素质发展是相对应的，能够提高学生全面发展的意识，其消除了活动的偶然性与随意性，增强了单项活动的针对性与活动体系的科学性。其次，在框架设计中，做到框架性与主题性的统一。每年都有新的主题，新的主题可以更新框架中活动的内容与形式，而且专题系列的设置，使时代感更加明显。这样主题性与框架性相结合，才使整个校园文化是动态与鲜活的。第三，框架设计在内容上是全面与开放的，应该做到一般与特殊的结合。随着时代对人的要求不断发展，可以充实新的素质主题。这样的校园文化就具有了三个层次：①一般层次；(国家教育目标)②特殊层次；(校内教育目标)③个性层次；(个人发展目标)，这样才是一个全面的目标体系。第四，本框架在设计上具有目的的鲜明性与运行的可操作性。鲜明的目标即是培养学生的一种科学精神与人文精神。文化框架中有明确主题构成与活动构成，有明确的主办单位与日常安排，因此文化框架具有战略性与操作性双重性质。 2.以月份为单位的校园文化框架(见表1)。这样的设计，一方面使学生增强单项素质与全面素质塑造的意识，另一方面又使校园文化比较深人地开展，更关键的是它以月份为单位，才能开展对某一主题的系列活动；系列活动，才能形成规模；形成规模，才能造就气氛；营造气氛才能称之为文化，这样安排消除了以往活动的孤立性与零散性。活动系列的深度与宽度是校园文化层次提高的关键点，营造水平较高的文化是我们的根本目的。 3.校园文化载体构建。校园文化艺术节和社团文化节是高校校园文化的重要载体。每年要在固定时期召开校园文化艺术节，利用这一大型节日载体，充分发挥基层团组织和学生会的创造力，认真搞好辩论赛、舞蹈大赛等一系列较为大型的校园文化活动，并逐年筛选出经典系列，从而在宏观上起到带动作用。另一时间段召开社团文化节，主要发挥社团的创造力，让社团自己开展自己的活动，让不同的社团培养不同规格的学生，引导学生个性发展。利用社团这一大众化的优势，让全校学生参与到社团活动、校园文化活动中来。 4.打造校园文化品牌，带动校园文化体系建设。高校团组织可以根据校、系、班三级体系，评比出不同层面的校园文化活动品牌项目，进行深人探索、重点扶持，使其成为校园文化活动的亮点，带动整个校园文化活动的质量，促进整个校园文化的提升。同时，校园文化活动品牌项目开展的连续性、持久性，使得育人工作开展得更加透彻、更加鲜明。总之，高校校园文化建设是一项复杂而艰巨表11校园文化框架安排 | 分类 | | 主题 | 名称 | 具体活动 | 时间 | | --- | --- | --- | --- | --- | --- | | 科学精神与人文精神 | 三观教育系列 | | 观念月 | A. 周末论坛 B.辩论赛 | 3月 | | 科学精神与人文精神 | 团员意识教育系列 | | 团建月 | A.教师基本功全能大赛 | 4月 | | 科学精神与人文精神 | 审美教育系列 | | 审美月 | A. 自然美 B.社会美 | 5月 | | 科学精神与人文精神 | | | | C.艺术美 | | | 科学精神与人文精神 | 实践系列 | | 实践月 | A.社会实践活动 | 7月 | | 科学精神与人文精神 | 技能教育系列 | | 技能月 | A.教师基本功大赛 | 9月 | | 科学精神与人文精神 | 体育、心理素质教育系列 | | 健身月 | B.心理讲座 | 10月 | | 科学精神与人文精神 | 个性教育系列 | | 特长月 | A.社团汇演 B.特长展示大赛 | 11月 | | 科学精神与人文精神 | 科学教育系列 | | 科技月 | A. 系列学术讲座 B.学生科技发明 | 12月 | | 专题系列 | 共青团专题五四专题 | 七一专题 | 十一专题 | 元旦专题时代专题 | | 参考文献： \[1\]朱伟军.高校校园文化及其建设举措\[J\].师德建设，2008(20)：224. \[2\]杜项菲.新形势下加强和改进校园文化建设的几点思考\[J\].辽宁师专学报：社会科学版，2006(5)：105-108. \[3\]孙敏江.高职院校校园文化环境建设主要途径初探\[J\].长沙民政职业技术学院学报，2008，15(13)：92-94. \[4\]计红.校园文化的育人功能及实现途径探究\[J\].民营科技，2008(11)：77. \[5\]饶艳萍，张扬.高校校园文化创新途径的思考\[J\].湘潮，2008(4)：65-66. \[6\]穆礼弟.实施美育是加强校园文化建设的重要途径\[J\].清华大学教育研究，1991，12(1)：25-29. \[7\]李心航.浅谈高校校园文化建设途径\[J\].中国科教创新导刊，2007(9)：32.

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陈宏明火琛【摘要】部门预算审计工作涉及预算执行及预算管理等多方面内容，一一直是政府部门审计工作的重点，也是审计研究与探讨的焦点。预算管理工作存在缺陷、预算执行缺乏严肃性和规范性等问题都严重制约着财政职能的有效发挥影响财政资金的使用效益及效果，同时使预算执行审计面临着新的挑战，并不同程度地增加审计风险。深化部门预算执行审计，同时探索预算部门的绩效审计，采用不同的审计方法将预算执行审计与专项资金审计、经济责任审计相结合注意查处和分析研究问题相结合，揭示预算管理和预算执行中存在的问题，有针对地提出加强管理、完善政策法规的意见和建议，为领导提供宏观决策服务。【关键词】审计部门预算研究【中图分类号】F239【文献标识码】 A 预算执行审计是指各级审计机关在本级政府行政首长的领导下依照国家法律、行政法规和本级人大审查和批准的年度财政预算，对本级财政及各预算执行部门和单位在预算执行过程中筹集、分配和使用财政资金的情况以及组织政府预算收支任务完成情况和其他财政收支的真实、合法、效益性所进行的审计监督。各部门预算执行情况如何，直接关系到国家职能的顺利实现，以及社会政治经济和各项事业的健康发展，体现预算资金的使用效益。因此，对部门预算执行情况的审计监督，是政府加强预算资金管理的重要手段，也是审计机关工作的主要着力点之一。全面深入地搞好部门预算执行审计，对于维护经济秩序、加强廉政建设、促进国民经济的健康发展具有十分重要的意义。部门预算执行审计涉及的部门、单位多各部门各行业具体收支内容和财务管理制度有所不同，审计的内容会有所差别，审计的重点也有所不同。因此，我们要分门别类的抓住其关键点，做到有的放矢，以较小的投入取得较大的效果。预算执行审计是法律赋予审计机关的一项重要职能，是国家审计永恒的主题。多年来各级审计机关不断探索预算执行审计的思路和方法，其监督制衡作用日趋明显，成效和影响不断扩大，对于规范财政管理行为，健全财政管理制度完善财政管理体制起到了积极的作用。随着财税体制的改革部门预算的不断细化，会计集中核算，国库集中支付，政府集中采购等措施的实施，常规的部门预算执行审计的内容和方法已经不能够适应经济发展及现今审计工作的需要，部门预算执行审计工作进入了一个新的发展时期，由强调覆盖面、面面俱到逐步转向突出重点上来，由促进规范管理，健全内部控制制度逐步转向科学合理安排财政资金，提高资金使用效益上来。面对这些形势我们要积极探索，创新思维，开拓进取，由以财政收支审计为重点向以专项预算支出审计为重点转变，并逐步向效益审计方向发展。一、部门预算执行审计内容的沿革与变化随着部门预算执行审计的深化，部门预算执行审计的内容也有所变化，从近几年的审计实践看部门预算执行审计内容的沿革与变化主要有： 1、部门预算管理情况审计主要对部门管理本级及所属单位预算执行和财政财务收支总体情况进行审查，包括以下几方面内【基金项目】本文系湖南省社会科学基金资助项目(07」D58) 【作者简介】陈宏明男北京人长沙理工大学管理学院教授，博士长沙410077 容：一是部门预算管理体制。即部门与本级财政的预算管理关系部门与所属单位的预算管理关系、部门内部预算管理决策和执行情况等。二是部门预算管理制度。即部门预算管理制度的健全性、部门预算管理制度的合法性及部门预算管理制度执行的有效性。主要审查各项制度的实际执行情况和内控制度的实施情况。三是部门银行账户管理情况。包括银行账户开设程序、银行账户数量、银行账户中收支的内容及银行账户使用的管理情况。 2、部门收入及支出情况审计财政审计要以“预算执行审计为重点，以支出审计为主线”，预算资金的收支审计是预算执行审计的基础和根本。政府的钱是怎么来的，做了什么事，每项事情花了多少钱事情是谁做的，怎么做的，这些都要由审计部门替老百姓来监督。首先是部门收入情况审计。部门及所属单位的收入包括财政预算拨款收入和非财政预算拨款收入两部分。财政预算拨款收入是财政核拨的预算资金。非财政预算拨款收入包括事业收入、经营收入和其他收入等。主要检查部门收入取得的合法性、相关收入纳税情况及收入管理情况，有无私设“账外账”、“小金库”等问题。其次是部门支出情况审计。根据部门预算制度的规定，部门预算支出划分为基本支出和项目支出两类。基本支出是为保障机构正常运转、完成日常工作任务而安排的预算支出，包括人员经费和日常公用经费两部分。基本支出实行定员定额管理。审计的主要内容包括部门基本支出预算的真实性、支出执行预算及国家规定标准情况、部门基本支出效益情况等。部门项目支出是为完成特定的行政工作任务或事业发展目标在基本支出之外安排的专项支出。项目支出按其性质，分为基本建设类项目支出、行政事业类项目支出和其他类项目支出三类。审计内容包括项目立项申报情况、部门项目审核情况、部门项目实施情况、部门项目预算执行和资金使用情况、项目实施和资金使用效果等。 3、部门征缴国家非税收入执行“收支两条线”规定情况审计许多部门履行执收执罚职责，收取的行政事业性收费收入、罚没收入等国家非税收入应严格执行“收支两条线”规定。对部门非税收入收缴审计的内容一是非税收入征收的合法性。包括部门的行政事业性收费项目是否经有关部门审查批准，罚款是否具有法律、法规依据：是否严格执行国家规定的征收范围和标准情况等问题；二是执行“收支两条线”规定情况。审查部门对纳入预算管理的非税收入及时足额上缴国库，支出是否通过部门预算予以核定等情况。 4、部门转移支付资金审计公共财政框架下的转移支付制度是财政改革中的一项重要措施。财政转移支付制度的建立就是要将本级财政集中的财力，通过转移支付的方式，支持和促进贫困、落后财政经济的发展，使下级公共服务能力实现均等化目标。特别是经济次发达地区转移支付资金成为政府财政支出主要来源之一，且转移支付的范围和资金额在不断扩大，涉及农业、交通、教育、社保、就业等诸多方面。转移支付资金审计要着重把握两个方面重点：一是上级政府补助给本级的转移支付资金以专项补助资金为主在本级预算执行审计时应作为重点内容。二二是本级财政补助给下级财政的转移支付资金，包括上级财政专项补助资金和本级财政匹配的资金。在本级预算执行审计时，要有重点选择专项补助项目和有关地区进行延伸审计。要逐步加大对每一笔转移支付资金的跟踪审计力度，审查转移支付资金拨付和使用的合法、合规性，审计转移支付的依据、支付的合理性及支付的透明度。还要审查财政体制的运行结果是否正常、合理。二、部门预算执行审计工作应从以下几个方面深化 1、国库支付资金流向审计部门及所属单位正在推行国库集中收付制度，即财政性资金通过国库单一账户体系(由国库单一账户、财政部门零余额账户、财政部门预算外资金账户、预算单位零余额账户、预算单位小额现金账户)收缴、存储、支付和清算。因此，我们在审计中要检查各项收入核算是否清楚是否存在混库情况资金拨付依据和审批手续是否合法齐全；注意与银行对账单核对防止资金漏洞对专项资金和大额款项的拨付要以国库账户和财政专户拨付为源头，以资金流向为主线，开展跟踪审计。审计工作应把监督的目光转到“集中支付”上来审查财政专户管理是否存在死角，是否有预算外资金未纳入财政专户管理以及私设“小金库”等违纪违规问题各部门、各单位是否贯彻实施了“收支两条线”专项资金是否由财政拨付到资金主管单位，有无挤占挪用问题。 2、政府采购审计实行政府采购是预算制度改革的一项重要内容，政府采购审计是加强预算管理，提高财政资金使用效益，从源头上预防和治理腐败的一项根本措施，应从以下几方面入手：审查具体从事采购的各部门和单位是否按规定编制政府采购计划，是否将列入政府采购目录的项目都集中报送采购机关统一采购审查采购部门的采购资金是否合规，有无挤占挪用其他财政专项资金的问题；审查政府采购方式和政府采购程序是否规范，应当实行公开招标和邀请招标的是否实行，有无违背公开、公平、公正原则的问题；审查采购合同是否符合法律规定以及采购预算的要求，采购资金的拨付和使用是否符合有关规定和合同的要求；审查采购物品是否经验收合格并按规定及时登记入账，有无囤积和损失浪费等问题。 3、部门预算编制的审计一是看预算编制是否合法、细化。主要审计预算编制是否符合预算法等法律法规和国家的有关政策，是否坚持了量入为出、收支平衡的原则和预算编制有无细化到明细科目、细化到具体部门。二是看预算编制依据和标准是否充分、合理。主要审计人员经费是否准确，公用经费定额是否合理。专项经费政策依据是否充分和重大项目支出是否经过科学论证，是否有可行性预测。三是看预算收入是否真实、可靠预算支出是否合法、合理。主要审计收入是否在对国民经济和社会发展进行科学预测的基础上，对预算收入的增长进行科学预测，是否将上年的非正常收入、本年度已减少的收入纳入预算收入的范围。四是看部门预算编制是否真实、准确。审查部门预算编制是否经过“两上两下”的程序预算是否按零基预算方法编制其内容是否完整、真实。各项收入是否全部纳入预算，行政性收费和预算外收入是否列明具体单位和项目各项支出是否真实是否多报、虚报项目支出。五是看追加预算是否适当。如某部门由于年末频频追加预算导致12月的支出占全年支出的70%。年底大量追加预算不仅削弱了预算的严肃性，加大了预算执行的难度，而且造成部门年终突击花钱，影响了资金使用效益，削弱了财政职能影响了财政资金分配使用的公正。 4、注重预算部门的绩效审计效益审计是今后审计工作的发展方向，更是部门预算执行审计工作发展的主流。迅速提升部门预算执行效益审计，是审计趋势与规律之必然。审计署制定的五年审计工作发展规划中明确提出，今后每年投入效益审计的力量要占整个审计力量的一半左右到2010年初步建立起适合中国国情的效益审计方法体系。部门预算执行效益审计有利于促进责任政府建设。首先，现代审计已成为民主法制的重要环节。审计机关恢复成立初期，主要是代表国家财政检查税收等财政收入跑冒滴漏，检查违法违纪行为。随着民主法制进程的深化法制观念深入人心，审计开始转向代表公众、代表纳税人，以检查监督财政支出和政府责任为主。其次效益审计可以促进政府公共项目的透明决策。现代法治国家，公共项目效益主要依靠决策程序和公众监督。部门预算执行效益审计作为监督程序，是对政府公共项目目标实现的经济、效率、效果状况作出综合性评价。通过效益审计优化公共财政支出结构提高公共财政支出效益。部门预算执行效益审计建立在责任政府基础上。如果没有明确的责任，审计京无从谈起效益审计衡量是否花得少花得好，花得明智。通过对公共项目结果状况与目标状况的审计评估，推进政府管理水平和公共服务质量提高。因此部门预算执行审计不仅是监督权力惩治腐败的工具，也应当是促进和引导政府强化责任意识，提高效益，改进管理水平的手段。第三，效益审计具有丰富的内涵。从法、美、英、日等国审计来看其范围甚广，诸如，就业水平、福利计划、职员培训、劳资关系、污染控制、降低噪音、能源保护、消费保护、人力资源、发展计划等等。第四开展部门预算执行效益审计，有利于跳出就审计论审计的格局，促进责任政府的架构，促进和谐社会建设。政府是人民政府治理方式是民主化治理方式部门预算执行目标实现要围绕人民，政府审计自然也不能例外必须围绕部门预算执行目标开展审计这样的审计就是效益审计。部门预算执行审计要在深入调查研究的基础上大胆尝试探索开展效益审计的路子和方法，坚持财政财务收支真实合法审计与效益审计并重，以揭露严重损失浪费或效益低下和国有资产流失等问题为重点，促进提高财政资金使用效益和管理水平，开拓部门预算执行审计的新局面提高审计工作的层次。三、注重审计方法 1、财政财务收支审计、经济责任审计相结合有时部门预算执行审计与行政事业审计、党政领导干部经济责任审计同为一个对象，三者有机结合既有利于避免重复审计，节约审计资源和成本，又可有效地提高审计效率、扩大审计成果。通过几年来的实践，已经证明这是一种成功的做法，今后还要继续坚持和完善。在安排审计计划时，对预算执行审计、行政事业单位的财政财务收支审计、经济责任审计要统筹考虑，避免重复进点，在实施审计过程中，要把预算执行和财政财务收支中发现的问题，结合经济责任审计进行责任界定明确责任然后深入分析其原因，提出标本兼治的建议这样，既可提高审计工作质量，又能更好地发挥审计的威慑作用。此外还要将部门预算编制审计内容结合到专业审计之中在专业审计过程中，进行部门预算审计，为预算编制审计积累资料实现资源共享。同时要开展对部门预算的审计调查，从经费入手调查各部门经费来源和结构，特别要选择那些有执收执罚权的部门和没有执收执罚权的部门进行对比，了解不同预算外收入规模的部门对财政资金安排的可接受程度分析财政部门对行政事业收费和罚没收入的回拨比例是否合理，公用经费定额标准的制定是否科学项目资金的使用是否达到预期效果。 2、审查报表与了解情况相结合审计过程中，不仅要审查一般预算收支表和政府性基金收支表、一级预算单位的部门预算、专项资金支出类别表等相关资料，还应就本级预算草案和部门预算编制情况向有关单位提出询问和进行调查了解：一是了解地方党委、政府当年经济工作的指导思想、发展思路和奋斗目标。二是了解财政部门关于编制预算的指导思想、基本依据、预算安排、实现条件等具体情况。三是了解部门及所属单位上年预算执行情况本年预算增收、增支的情况及原因。同时广泛听取各方面的意见，在此基础上提出的审计意见才切实可行。 3、查处问题与分析研究问题相结合在审计过程中不仅要坚持从银行账户入手，全面核查资金开户情况、资金流向以及资金的来龙去脉发现疑点，揭示出存在的问题，还要改变就审计论审计的惯性思维方法，形成以理性分析为核心的审计工作新观念，把分析研究贯穿于审计工作的全过程。针对存在的问题，提出可操作性的建议和对策，为增收节支、优化资源配置、提高财政资金使用效益献计献策，为政府的宏观决策服务。 4、计算机审计与手工审计相结合力争审计电算化与被审计单位会计核算电算化同步发展，把审计软件、AO软件当成一种新的强有力的工具来使用，将手工审计与计算机审计工作有机结合，实现提高预算执行审计工作的效率和效果的目的。 5、微观的账表审计与宏观审计相结合过去我们实施预算执行审计，一般都是以审计报表、账簿、凭证为主，审计结果缺乏全面性、系统性、针对性及效益性，审计揭示的一些问题多是老面孔所提建议也是微观的、一般性的。要充分发挥审计监督在宏观管理中的作用，就要注重从政策措施以及体制、机制、制度层面发现问题，分析其深层次原因并提出审计意见和建议，促进深化改革加强宏观管理注重整体性，做到心中有数，审计评价得当。对财政资金的效益情况要进行对比分析，对宏观政策的执行情况问题要组织调查研究，对关系经济社会发展的重要问题要提出建设性意见。审计工作不仅要揭露问题还应对政策执行和收支结构进行审计分析，做出合理性评价，进一步完善监督机制，促进各部门依法履行职责，规范管理。四、结束语基于作者在部门预算执行审计的研究实践来看作者认为要搞好该项审计应该在注重审计方法的前提下，还要抓住以下四个关键：一是抓住审计重点要以财政、税务部门审计为龙头，突出财政收入、支出的真实性、合法性审计。二是抓好审计覆盖面坚持审计与专项审计调查并重逐步加大专项审计调查的比重。。三是抓好延伸审计注意把财政、主管部门和具体使用单位的审计结合起来。四是抓好效益审计的切入点，重点加强对政府投资基本建设项目、环境保护资金使用情况、关系人民群众切身利益的财政专项资金使用情况的审计和调查，选择适当的进行绩效评估。总之，部门预算是我国公共财政框架体系的重要组织部分，其执行的优劣直接影响着财政资金使用的经济性、效率性、效果性。审计机关只有加强对部门预算执行情况的审计监督，才能保证预算执行的严肃性，提高财政资金的效益，保证国家宏观经济目标的实现。【参考文献】 \[1\]祝清华.构建预算执行审计监督体系的思考.辽宁财专学报.2003年第5期 \[21周雨晨、张卫国、李倩.公共财政框架下部门预算执行审计的思考.中国西部科技.2004年第5期 \[3\]向顺鹏.预算执行效益审计的内容和评价浅探.中国审计报.2006年9月 \[4\]李季泽.部门预算执行效益审计的探索和思考.中国审计. 2006年第9期 \[5\]许丽俊.关于深化部门预算改革的思考.会计之友.2006 年第11期 \[6\]董大胜.中国政府审计.中国时代经济出版社.2007年5月 The Research on Departmental Budget Audit CHEN Hong-ming， HUO Chen (School of Management， Changsha University of Science& Technology， Changsha，Hunan，410077，China) 【Abstract】The departmental budget auditinginvolves the budget implementation， budget management and so on， which is always the key point of the govemment auditing. It is also the focus of the auditing studies and discusses. Any flaw of the budget supervisory work， or the lack of normative and standard on the budget implementation is restricting the effectiveras of the financial function， and also influencing the benefit and effective of the usage of the financial fund. It also causes the bud-get implementation audit to face the new challenge， and increases the auditing risk in some degrees. We should make the de-partmental budget implementation auditing more deepen， explore the achievements auditing of the department， use the different auditing method， put the budget implementation auditing with the special funds auditing and the economical responsibility au-diting together， and put the investigation with research analyzes together. We should unveil the question which will exist in the budget management and the budget implementation， make suggestions and give opinions on how to make the managements， policies and laws more completely. All of these would serve the macroscopic policy-making. 【Key words】】audit jdepartment budget ；research

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金融发展对京津冀市场一体化的影响研究 **丁振辉12** **(1.中国人民大学博士后科研流动站，北京 100872；2.中国工商银行博士后科研工作站，北京 _100032)_** **摘要：本文利用价格法测度了京津冀市场一体化水平，发现京津冀市场一体化呈稳步提高的趋势，其中京津一体化水平最高，津冀一体化水平最低，京津冀市场一体化水平在金融危机期间有短暂的下滑趋势。本文将京津冀市场一体化指标作为被解释变量，而将金融发展作为解释变量，同时加入经济发展和对外贸易等控制变量，采用分步回归的方法检验了金融发展对京津冀市场一体化的影响，结果显示金融发展对京津冀市场一体化有正面影响，并且能够通过显著性检验。** **关键词：京津冀一体化；价格法；金融发展；长面板** **中图分类号：F830.59 文献标识码：A 文章编号：1006-6373(2015)08-0011-04** **DOI：10.14049/j.cnki.hbjr.2015.08.002** **一、引言和文献** **改革开放以来，我国市场经济实现了跨越式发展，市场经济架构初步建立，市场经济运行机制逐步完备，但是在我国市场经济发展过程中，国内市场一体化进程是否滞后是许多学者争论的话题。在一篇被认为是研究中国市场一体化进程的开创性论文中， Young(2000)认为中国存在着严重的国内市场割裂，经济诸侯(沈立人、戴园晨，1990)林立，严重阻碍了国内市场一体化进程。Pocent(2003)认为1987~1997年间，中国国内市场一体化水平下降，衡量市场割裂程度的边界效应显著上升。郑毓盛、李崇高(2003)认为地方分权促进了市场竞争，但同时也造成了地方分割，产生了市场扭曲。但同时也存在大量的反对声音，如赵奇伟、熊性美(2009)利用分地区居民消费价格指数等测算了消费品市场、资本品市场和劳动力市场的分割指数，发现中国各地区市场分割程度都出现了稳定的收敛趋势，意味着中国市场日趋整合。范剑勇、林云(2011)通过考察边界效应得出结论，国内产品市场并没有处于严重的分割状态，通过消除外生的贸易壁垒可以进一步提高国内产品市场一体化水平。桂琦寒等(2006)用各地零售商品价格指数评价了中国相邻省份的商品市场整合程度，他们认为中国国内市场整合程度总体上呈上升趋势。目前，针对市场一体化的相关研究主要集中在市场一体化水平测度的领域内，很** **少有文献涉及金融发展对市场一体化的影响。** **有观点认为，金融是促进经济发展的重要因素，而经济发展是导致区域一体化水平提高的重要力量，因此，从逻辑上说金融的发展能够促进区域内市场一体化水平的提高。但是，相反的观点认为，金融发展使得区域内各地区自我发展的能力提高，因此，金融发展，除非是三地金融的相互融合才能促进市场一体化的发展。本文在计算京津冀地区市场一体化的基础上，分析了金融发展对三地市场一体化发展的影响。** **二、京津冀市场一体化测度** **目前测算市场一体化的方法有生产法、贸易流量法和价格法，使用不同方法对市场一体化进行估计结果存在一定程度的差异，本文主要使用价格法。由于存在交易成本，因此两地价格最终不可能完全相等，而是在一个区间内上下波动。同时研究还表明，两地价格既可以同向变动也可以反向变动，只要相对价格的取值不超过一定的区间，就可以认为两地之间的市场是整合的。Charles Engle， John H.Rogers( 1994)利用冰川模型和各地区间相对价格的方程变动，测算出了美国、加拿大和日本等发达国家之间的“边界效应”。根据 Parsley David， Shang-jin Wei(2001)等人的研究，用两地商品相对价格的方差 var (PA)表示相对价格波动幅度。方差随时间变化而收窄，则意味着无套利区间\[(1-c)，** **收稿日期：2015-06-20** **作者简介：丁振辉(1987-)男江苏泰兴人经济学博士供职于中国人民大学博士后科研流动站，中国工商银行博士后科研工作站。** **1/(1-c)\]收窄，两地间的商品套利机会减少，商品相对价格波动范围缩小，阻碍地区市场整合的因素减少，交易成本。降低，最终意味着市场一体化程度提升。测算区域内不同地区之间的相对价格方差，需要3 维(txmxk)面板数据。其中，t是时间， m是地区，k是商品种类。我们的原始数据来源于《中国统计年鉴》中物价章节对居民零售商品价格指数的统计，涵盖了1996—2013年京津冀三地数据。从2004年开始，统计局将蛋从肉禽及其制品中单列出来，将文化体育分拆成文化办公用品及体育娱乐用品，去掉了机电产品，新增了交通、通信用品和家具，其他12类别基本保持一致。同时，我们还剔除掉了首饰、书报杂志和中西药品3大类商品，因为这3类商品基本都是全国定价，相对价格差异较小，因此可能会人为提高区域市场一体化程度。因此，我们从中选取了从1996年以来连续统计的9类商品，包括食品、烟酒饮料、服装鞋帽、纺织品、家用电器、日用品、化妆品、燃料、建筑装潢材料。这样我们分别可以得到一个(16×3×9)的三维面板数据。可以直接利用环比价格指数构造市场一体化指标，如公式(1)。** **很明显，环比指数 ln(P/P；)-ln(P/p\*)同样可以用来表示相对价格，这样大大方便了我们的计算。根据样本，我们可以获得405(45×9)个差分形式相对价格指标▲Q。另外，继续考虑相对价格分子和分母的问题，即京津(津京)、京冀(冀京)、津冀(冀津)，分子分母对换，虽然意义不发生改变，但是将引起符号发生正负变化，因此，我们这里对▲Q取绝对值，1AQ1。为了更准确地计算相对价格方差，还需要剔除IAQ1中因商品异质性而导致的非叠加效应。所谓非叠加效应，我们可以将两地商品相对价格变动分解成为部分，第一部分变动仅仅商品自身的属性相关，就是异质性商品的非叠加效应；第二部分与商品自身属性无关，受到贸易壁垒等交易成本的影响，这是我们需要研究的内容。因此，我们需要去除非叠加效应。具体的方法可以采用均值法，假设IAQ由两部分构成， a\*和Eij，** ak 仅仅和商品种类k相关，a=a=a(h、ij分别代表三省市)。而ej与i、j两地特殊市场环境相关。要消去a'，可以对给定年份t、给定商品种类k 的3对I▲Q\*1求均值 avel▲Q1，在分别用每对 1▲Q减去该均值 avel▲Q\*。我们有以下公式：记 qi=1AQ'l-avel▲Q.l= (ei-ave (e))，最终计算的相对价格变动的方差为 var(qi)。这里的var (qi)最终只和地域分割及一些不可判别的随机因素相关。 **逐对(相邻省市：京津、京冀、津冀)、逐年计算9类商品之间的相对价格变动一阶差分形式方差，既可以得到京津冀地区1组相邻省市17年的相对价格方差时间序列数据(见表1)。** **表1京津冀地区市场一体化测度** | **年份** | **北京河北** | **北京天津** | **天津河北** | **京津冀** | | --- | --- | --- | --- | --- | | **1997** | **18.65** | **29.03** | **16.13** | **63.81** | | **1998** | **19.95** | **30.33** | **17.76** | **68.03** | | **1999** | **22.47** | **33.85** | **18.78** | **75.09** | | **2000** | **24.93** | **35.20** | **22.75** | **82.88** | | **2001** | **25.16** | **36.88** | **24.92** | **86.96** | | **2002** | **28.08** | **39.35** | **27.53** | **94.96** | | **2003** | **33.40** | **46.63** | **31.93** | **111.95** | | **2004** | **34.79** | **50.09** | **33.35** | **118.24** | | **2005** | **39.79** | **61.26** | **34.79** | **135.85** | | **2006** | **47.33** | **64.25** | **36.05** | **147.63** | | **2007** | **49.66** | **66.12** | **37.21** | **153.00** | | **2008** | **50.21** | **70.84** | **39.07** | **160.12** | | **2009** | **47.72** | **62.64** | **35.98** | **146.35** | | **2010** | **46.20** | **62.45** | **33.47** | **142.13** | | **2011** | **44.97** | **75.08** | **40.87** | **160.92** | | **2012** | **53.36** | **100.01** | **49.09** | **202.46** | | **2013** | **60.46** | **96.58** | **51.38** | **208.42** | **京津冀地区相对价格方差整体走势不断收窄，但是在金融危机期间略有反弹，由于相对价格方差是市场一体化水平的逆指标，因此本文在早期研究基础之上设计了一个市场一体化水平的正向指标来指代京津冀地区市场一体化水平：** **在得到京冀、京津和津冀三对市场一体化指标的基础上，再加总求和可以得到京津冀三地的市场一体化水平。可以发现，整体而言，京津冀市场一体化程度不断上升，这显示出随着我国经济增长和改革开放不断推进，京津冀三地交往和联系不断加强，市场间的割裂逐渐减少，这为京津冀一体化发展奠定了基础。京冀市场一体化指标由1997年的18.65上升到2013年的60.46，京津市场一体化指标由1997年的29.03上升到2013年的96.58，津** **冀市场一体化指标由1997年的16.13上升到2013年的51.38，京津冀市场一体化指标则由1997年的63.81上升到2013年的 208.42。整体而言，京津的市场一体化程度最高、津冀市场一体化程度最低，这也可以发现市场一体化程度与各地的经济发展水平，或者金融发展水平有着一定的联系。我们还可以发现，在2009年金融危机后，京津冀地区市场一体化水平都出现了较大幅度的下降。也就是说经济危机或者金融危机确实降低了市场一体化水平，我们认为这主要是因为为了应对金融危机或者经济危机的冲击，地方政府将促进省内经济发展放在首要地位，而不是通过采取地域合作的方式共同应对经济下滑的冲击，各地都会采取一些积极的或者消极的保护措施鼓励本地经济首先发展，这些措施有意或者无意地割裂了市场之间的联系，造成了市场一体化水平的下降。结合京津冀市场一体化的整体趋势和在金融危机期间的表现，我们假设的金融发展会对京津冀市场一体化产生影响是可以成立的。** **三、金融发展对京津冀市场一体化影响的实证分析** **加入了经济发展和对外贸易两个控制变量，采用向方程逐渐增减变量的方法以得到最优的回归结果，逐渐筛选合适的变量。其中经济发展用 GDP 取对数的方法得到，对外贸易用对外贸易规模除以GDP 的贸易依存度来表示。各变量及其说明见表2。** **由于市场一体化水平衡量的是两地间的一体化程度，因此被解释变量包含的信息是双重的，为此需要对解释变量和控制变量进行相应的调整，本文取两地相关数据之积。例如，截面数据是京冀一体化水平时，解释变量和控制变量分别取北京和河北的相关数据之积其他类似。分布回归结果见表3。** **方程1是仅考虑贷款余额的情形，当仅考虑贷款余额单一变量时，贷款余额与市场一体化正相关，系数是15.978，系数和方程可以通过显著性检验，方程1的拟合度约为0.5788。方程2是仅考虑保费收入的情形，当仅考虑保费收入单一变量时，保费余额和市场一体化同样正相关，变量系数是1.83，系数和方程也均能通过显著性检验，但是** **为了验证金融发展对京津冀市场一体化的影响，本文将京津冀市场一体化指标作为被解释变量，而将金融发展作为解释变量，用一个简单的长面板模型进行分析。方程如下：** **ythi=bo+b jrfz；+u** **其中， yth 是京津冀地区市场一体化指标，而 jrfz 是金融发展指标，本文用两个指标指代金融发展，，一是金融机构贷款规模除以GDP的比例，大量文献中均用金融机构贷款规模除以 GDP 得到金融相关比例来计算各地金融发展程度(Gold-smithR.N ，1969)。此外，本文还引入了保险行业原保费收入除以GDP作为金融发展的另外一个指标。同时，为了控制贷款和保险对市场一体化的影响渠道，本文** | **变量** | **变量类型** | **变量说明** | **数据来源** | | --- | --- | --- | --- | | **yth** | **被解释变量** | **市场一体化指标，相对价格方差的倒数得到** | **计算** | | **loan** | **解释变量** | **金融发展指标，金融机构贷款余额除以 GDP得到** | **《北京市统计年鉴》、《河北省统计年鉴》、《天津市统计年鉴》及三地《国民经济及社会发展统计公报》** | | **insu** | **解释变量** | **金融发展指标，保险行业原保费收入除以 GDP得到** | **《北京市统计年鉴》、《河北省统计年鉴》、《天津市统计年鉴》及三地《国民经济及社会发展统计公报》** | | **gdp** | **控制变量** | **经济发展指标，GDP 规模取对数得到** | **《北京市统计年鉴》、《河北省统计年鉴》、《天津市统计年鉴》及三地《国民经济及社会发展统计公报》** | | **trade** | **控制变量** | **贸易发展指标，进出口总额除以 GDP 得到** | **《北京市统计年鉴》、《河北省统计年鉴》、《天津市统计年鉴》及三地《国民经济及社会发展统计公报》** | **表3方程分步回归结果** | | **方程1** | **方程2** | **方程3** | **方程4** | **方程5** | **方程6** | **方程7** | | --- | --- | --- | --- | --- | --- | --- | --- | | **loan** | **15.978(8.35)** | | | **14.508 27(6.26)** | **7.301122(3.78)** | **\-14.945 49(-3.42)** | **16.03144(4.47)** | | **insu** | | **1.832 085(4.25)** | | **0.438 052 7(1.12)** | | | | | **gdp** | | | | | **0.838 9806(9.65)** | | | | **trade** | | | | | **0.0014311(4.16)** | | | | **loan \* insu** | | | **0.804 569 4(6.42)** | | | | | | **loan "gdp** | | | | | | **0.364191(7.42)** | | | **loan \* trade** | | | | | | | **\-4.07e-06(-0.02)** | | **cons** | **15.839 58(4.41)** | **25.020 75(5.38)** | **27.620 84(9.2)** | **14.137 75(3.63)** | **\-40.954 12(-6.51)** | **19.430 48(7.70)** | **4.471285(3.53)** | | **F** | **69.72** | **18.09** | **41.22** | **35.66** | **97.50** | **100.92** | **34.15** | | **adj. R²** | **0.578 8** | **0.254 7** | **0.445 8** | **0.580 9** | **0.852 7** | **0.807 9** | **0.570 1** | **注：其中括号内是系数的t检验值。** **方程的拟合优度较差，仅为0.25。方程3是考虑将货款余额和保费收入相乘得到一个“新金融”发展变量的情形，这种情况下“新金融”相关变量与市场一体化正相关，系数和方程都能通过显著性检验，但是方程3的拟合优度也弱于方程1。方程4是将贷款余额和保费收入同时纳入方程时的结果，贷款余额系数和方程都能通过显著性检验，方程的拟合优度虽然上升，但是保费收入系数不能通过显著性检验。结合方程1到4的检验结果看，贷款余额与市场一体化高度正相关，并且系数都能通过显著性检验，拟合程度较好，但是加入保费收入相关变量后，可以发现方程的拟合优度或者显著性开始下降。因此，与贷款余额相比保费收入与市场一体化发展的相关性偏差。方程5-7分别考虑了引入经济增长和对外贸易，以及将经济增长和对外贸易作为控制变量的情况。可以发现，方程5各个变量的系数和方程都能通过显著性检验，并且方程的拟合度较高，为0.8527；方程6将经济增长作为控制变量，变量的系数和方程都能通过显著性检验，但是方程的拟合优度下降；方程7将对外贸易作为控制变量，变量的系数和方程都能通过显著性检验，但是方程的拟合优度明显下降，仅为0.57。因此，结合方程5和方程6，贷款余额与京津冀地区市场一体化正相关，同时经济增长对市场一体化也有显著的正向相关关系。** **四、小结** **根据表3可以认为在京津冀市场一体化进程中，金融发展和经济增长对京津冀市场一体化有重要影响，京津冀两地间贷款占 GDP 比重积数提高** **(上接第10页)使用。** **6.利用光密度值计算钞票的流通寿命的方法可行但需完善。利用光密度值推算钞票的流通寿命，是将钞票的污损程度统一使用光密度值来衡量，但对于极端的损毁情况，如撕角、孔洞等则不适用。利用两者关系进行分析建模的前提条件是，钞票样本的流通环境一致，但实际情况并非如此，此外，** **一个百分点可以提高京津冀市场一体化7.3个百分点，京津冀两地间 GDP 积数提高一个百分点可以提高京津冀市场一体化0.84个百分点，京津冀两地间贸易依存度积数提高一个百分点可以提高京津冀市场一体化0.0014个百分点。因此，为了促进京津冀地区市场一体化，应该努力夯实京津冀市场一体化的经济基础。随着金融在经济发展中扮演的作用越来越高，应该更加重视金融在京津冀市场一体化中的先导作用，努力打造金融互联互通的平台，推动京津冀市场一体化。** **注释：** **①无套利区间\[1-c，1/(1-c)\]的对数形式是\[In(1-c)，ln(1/(1-c))\]=\[\]n(1-c)，-ln(1-c)\]，是对称的，因此对▲Qk取绝对值或者不取绝对值，对套利区间不造成影响，只不过两者的套利方向相反，** **参考文献：** **\[1\]沈立人戴园晨.我国“诸侯经济”的形成及其弊端和根源\[J\]经济研究，1990(3)：12-20.** **\[2\]郑毓盛李崇高.中国地方分割的效率损失\[J\].中国社会科学2003(1)64-73.** **\[3\]赵奇伟熊性美.中国三大市场分割程度的比较分析：时间走势与区域差异\[J\].世界经济，2009(6)41-53.** \[4\]范剑勇林云.产品同质性、投资的地方保护与国内产品市 **场一体化预测\[J\].经济研究2011(11)48-59.** **\[5\]桂琦寒，陈敏陆铭陈钊.中国国内商品市场趋于分割还是整合基于相对价格法的分析\[J\].世界经济2006(2)：20-30.** **本文中钞票样本的流通时间与其真实流通时间有一定的误差，且不同的流通环境对钞票光密度值变化的影响程度不一，因此，若需提高利用光密度值方法推算钞票流通寿命的准确性，还应进一步提高钞票样本分布的科学性及钞票样本流通时间的准确性。** **CASS National Canter for Phllosophy and Soclal Sclences Documantatlon**

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The Hecuba of Euripides : a revised text with notes and an introduction author: Euripides; Bond, John; Walpole, Arthur Sumner, 1850-1920 : $B 25? 356 Se "ON Leys a ae Poa => OA] SHOISSIIIP Va — Ay es ae 8 le aie 5 > ama DaLlavay VINHOXITVO AO ALISHAAINN IHL LO AMVUSIT ASHAY OF 3 Cte from ./ ation 5 A L ae ng : ARS ie , 2 @lementarp Classtrs, THE HECUBA OF HURIPIDES. A REVISED TEXT WITH NOTES AND AN INTRODUCTION BY THE REV. JOHN: BOND, M.A. CHAPLAIN AND CLASSICAL INSTRUCTOR ROYAL MILITARY ACADEMY, WOOLWICH ; FORMERLY SCHOLAR OF ST JOHN’S COLLEGE, OXFORD; AND ARTHUR SUMNER WALPOLE, M.A. FORMERLY SCHOLAR OF MQRCESTEE COLLEGE, OXFORD. ; 14 Ry \ SITY aon: : rete AND CO. [The right of translation and reproduction is reserved. } *% ’ Cambridge : PRINTED BY C. J. CLAY & SON, AT THE UNIVERSITY PRESS. LYZSY 3975 9 ae 1872 MAN PREFACE. THE present edition of the Hecuba is mainly in- tended to explain and illustrate the play itself. But it being impossible to treat a Greek play as a separate and isolated whole we have tried to make sure that a boy after carefully and intelligently studying our commentary shall not merely be able to pass a close examination in the Hecuba itself, but shall know more both of Euripides and of Greek scholarship in general. Our obligations to previous editors are very great: but we have carefully avoided the mistake of writing a mere compilation, which must needs be crude and therefore unsatisfactory. The editors to whom our acknowledgments are more especially due are Porson, Pflugk, Hermann, Dindorf, Kirchhoff, Nauck, Paley, ‘Wecklein and Weil. Our text is for the most part conservative, follow- ing—(as all modern editors must)—the lead of Kirch- 1—2 v1 | PRELACE: hoff, whose edition of 1855 placed the text of Euripides — on a new footing. With him we have given great weight to the best class of MSS., viz. the Marcian (xii. cent.), the Vatican (xiii. ?), and the two Parisian, 2712, 2713; denoted by Prinz A, B, E, a respec- tively. The ‘best MS.’ occasionally mentioned in the commentary is the first of these. All quotations have been given in full, and the only book to which mere references have been made is Prof. Goodwin’s excellent School Greek Grammar. We gratefully acknowledge valuable help and advice from the well-known scholars Prof. Kennedy, Mr E.§. Shuckburgh and Mr A. W. Verrall. INTRODUCTION. EvuRIPIDEs was born B.c, 480, perhaps on the very day when in ‘the* battle’ at ‘sea-born Salamis’ Athens under Themistokles destroyed the great Persian force which Xerxes had brought against Hellas, and won the fight of civilisation and progress over stagnation and barbarism. His lot was therefore cast in the most brilliant epoch of Athenian. history, and while he was growing up to manhood the life of the whole of Hellas ran high, all was movement and vigour tempered by Athenian taste into an artistic beauty dignified by power. The literary form which this out- burst of energy took was, as in Elizabethan England, the drama. Aeschylus born B.c. 525 and Sophokles born B,c. 495 had perfected the form of tragedy, the one ruggedly grand, the latter ideally perfect. It was reserved for their great successor Euripides to make tragedy not heroic but human, to paint men not as they ought to be but as they are when toiling, rejoicing, sorrowing jn the high-ways and the bye- ways of everyday life. We may everywhere see ‘Our Euripides the human With his droppings of warm tears And his touches of things common Till they rose to touch the spheres’. 4 * Xen; Anab. 1. 2. 9. Vili | INTRODUCTION. ‘His object was to excite interest, not by distant grandeur like Aeschylus, nor by ideals however touch- ing and poetic like Sophokles, but by bringing real men and women on the stage, with real human passions and feelings as his countrymen saw them every day in Athens. ‘The strong side of this realism is clearly ‘the touch of nature’, the weak side is the danger of its losing all effect and becoming common- _ place and undignified’. 4 he Hecusa tells the story of the Trojan queen’s sorrows,—the hateful exchange of slavery for royal estate, the foul murder of her son, the sacrifice of her daughter,—and the bloody revenge wreaked by her upon the slayer of her boy. It abounds with the | good and bad points of the poet. It is, as Aristotle said, the ‘most tragic’ of dramas, and is full of pathetic power. » But the set harangues on the possibility of teaching virtue and on the value of rhetoric (traces of the poet’s intimate relations with Sokrates, Anaxagoras and other leading spirits of his day,) sound cold and in bad taste, coming as they do from the mouth of a mother steeped in bitter woe. Again, the loose joining of the two parts of which the play is composed indi- cates a weak point in the poet. The death of Polyxena and the cruel revenge upon Polymestor are really two separate pieces which Euripides has not cared to weld into one very fast whole. For whereas Sophokles contrived that every scene should lead up to the catastrophe, Euripides relied upon the telling nature of particular situations. , It is somewhat strange that, while Euripides gained the first prize but five times in the course of his long dramatic career, so many as 18 of his plays have come down to usas against seven of Sophokles and Aeschylus respectively. His tender pathos and modern spirit INTRODUCTION. ix will account for his popularity in modern times; for his want of success in his own days, ‘why crown whom Zeus has crowned in soul before?’ _ In criticising such prologues as that spoken by the shade of Polydorus, we must remember that every Athenian in the theatre knew perfectly well already the whole tale of ‘the mobled queen.’ But he would watch with breathless interest to see how the poet would work out and develop the familiar story, and the prize would be adjudged accordingly. The audience was probably as highly educated as our own Commons; ‘for the house is clever’, said Aristophanes, one of the cleverest of them all. Macaulay truly says, ‘An Athenian citizen might possess very few volumes ; and the largest library to which he had access might be much less valuable than Johnson’s bookcase in Bolt Court. But the Athenian might pass every morning in conversation with Socrates, and might hear Pericles speak four or five times ina month. Hesaw the plays of Sophocles and Aristophanes: he walked amidst the friezes of Phidias and the paintings of Zeuxis: he knew by, heart the choruses of Aeschylus’. | The date of the Hecuba is fixed with fair precision to B.c. 425 or thereabouts. For Aristophanes in the Clouds*, which came out B.c. 423, parodies-v. 172; compare also the notes on 462, 650. Its moral is the antithesis of barbarism and savagery to Hellenic culture and the reign of law, together with a practical illustration of the favourite Greek saying dpacavte maGeiv. The scene is laid in the Thracian Chersonese, over against Troy, where the anger of Achilles has held back the favourable wind from the Greek fleet. His Shade has just appeared above his tomb, demand- F * 1165. x INTRODUCTION. ing as sacrifice the fairest of the Trojan maidens. A Greek council of war votes that Hecuba’s daughter Polyxena shall die. Here the action of the play opens. Structure of the Play. I. Protocuz, 1—99=that part of a tragedy which precedes the first entrance of the chorus. II, Paropus, 100—154=the song of the chorus as they march into the orchestra and take their place. III. First Episope, 155—448, LV. First STrASIMON, 444-483. A Stasimon is a song sung by the chorus from their sta- tion. g V. Second Erisopr, 484—628. VI. Second Stastmon, 629—657. VIL. Third Erisopr, 658—904. VIIIL. Zhird Srasimon, 905—952. 1X. Exopvus, 953—end. Episodes are the dialogues which come between two choral odes, and it will be seen that they roughly divide the whole play into acts. The Doric poet Alkman gave an artistic form to the choral lyric by arranging that the chorus, while singing stasima, should execute alternately a movement to the right (STROPHE turning) and a movement to the left (ANTISTROPHE) ; and he composed the songs which the chorus was to sing in couples of stanzas called sTROPHE and ANTI- STROPHE, answering to these balanced movements. Tisias of Sicily (surnamed Stesichorus, ‘marshal of _ choruses’,) perfected the form of the choral lyric by adding to STROPHE and ANTISTROPHE a third part, the INTRODUCTION. OF ico EPODOS, sung by the chorus while it remained station- ary after the movements to right and left. It is advisable to add a few words in explanation of the scholia which are sometimes cited in the com- mentary. The scholia of Euripides consist of a putting _ together of two continuous commentaries, the fuller one the work of Dionysius, the other by an anonymous writer, both drawing from Alexander, who again drew largely from Didymus: he for the most part re- produced the opinions of earlier commentators. The genealogy therefore is (1) Didymus, (2) Alexander, (3) (a) Dionysius, (6) Anon., (4) the Scholia them- selves. Ae os rs * oY eit > oe y a igs] wea a As Pe A 4 a+ EKABH. TA TOY APAMATOS, ITPOSOQIIA. TIOATAQPOT EIAQAON. EKABH. - XOPOZ AIXMAAQTIAQN Sly Sanne TIOATZENH, OATZZETZ. TAAOYTBIOZ. OEPAILTAINA. ATAMEMNON. TOATMHZTQP KAI OI WAIAEZ ATTOY. The scene is laid throughout in the Grecian encampment on the shores of the Thracian Chersonese. ee ry a ripe ye DF £ TAZ AE a eit ‘ we =. 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OE EK EYPITIIAOY OEPAIIAINA. yovaixes, “ExdBn rod rol y ravabdia, c / PALO ew. \ a \ yn wavTa viKao avopa Kat OjAuvy oropav ra 7 3 vo \ / > a] / " Kakots, WwW ovdets otépavov avOaipyoerat; ti 8, & Tarawa ons KaxoyAwocouv Bojs; ¢€ 4 > ¢ , U4 ws ovr0l evdes AvTpa cov Kypvypara. ¢ / / 7Q>0—COi . n \ ExaBy dépw 10d aAyos: év Kakotor dé 3 , ISA “ 3s “ / ov padvov Bpototow evdypety oropa. Kat pnv wepdoa Tvyxaver Sdpwv v7rep nO, €s O€ Kalpoy gotor daiverat Adyots. & mavtaAawva, Katt paddAov 7 A€yw, Séorow’, OAwAas, ovkér cf, BAérovea dias, arais, avavdpos, amodus, eebbapmévy. ov Kawvov elas, eidoow 8 wvreidioas. arap ti vexpov rovde por. IloAvgévns 7 / > - kd / 4 nKeis. Kopilova’, ys arnyyehOn Taos y 4 > a ‘\ . \ oy] mavtwv “Axaidv Sia xepds orovdny exe; no ovdev oldev, atAa pou ILoAvgévny Opnvel, véewy 8 mypdtwv ody amrrerat lp doe / a \ a , ot ‘yw TaAdawva, pov To Baxxetoy Kapo. Ts Ocoriwdod Seipo Kacdvdpas depeis; a , \ , pom" , Cacav AéAaxas, Tov Oavovta 8 ov orévets / 3» > > »” A \ nn TOvd. GAN ablpycov cya yupvwhev vexpod, el cor aveitar Gatua Kal wap éAzidas. oimor, Brew Sy maid enov teOvyKdra TloAvdwpov, ov pot pus hed oiKols avyp. weobatie: is dSvoTyVvos, ovKér «ipl ot @ TEKVOY, 660 665 670 675 680 OE BK. XO. EK. @E. EK OE EK. XO. EK XO RK. EKABH. 27 24 , , ‘ aiat, KaTapxouar vomov 685 a ? , Baxxetov, e€ adacropos : “a apTiynabys KaAKOV. ” ‘ 4 80 > bv 4 eyvws yap arnv maidos, ® Stvaoryve ov; ” amior amticTa, Kawa Kawa dSépKopau, > > Lal evepa, 0 ab ETépwv Kaka KaKOV KUpeEl' 690 2907 Cas , 207 e 4 2 9 , ovdéroTt agrévaktov, addkpvTov apépa p emioyxy- TEL. 43 > / \ , , d<civ, ® Tadava, dewa macyomey Kaka, S , , , ‘ @ TEKVOV, TEKVOV TAaAQaLVaS [aTPOS, 695 , / “ rive popw OvycKes, Tive TOTMM KEioaL; TMpOos Tivos dvOpwtrev ; 3 80° ed > a A / ovK 010. é axtats vw Kupd Oadacoiats. A / exBAyrov, 7 méonpa douviov Sopos, ev Wapdalw Aevpa ; 700 4 / movrov viv eéyveyKe meAdytos KAVOwr. yy nw wpot, aiat, euafov &vurvov opparwv A bad MA éuav ov, ov pe mapeBa da- / ora peAavorrepov 705 a b) a 2 , > av éceidov audi o, > / oe a al A Y , @ TEKVOV, OVKET ovtTa Atos ev daet. al / / Tis yap vw éxrew'; oicf oveipodpwv dpacat; aie = Pee , PS ks ¢€ 4 éuos éuos E€évos, Opyxios trmoras, 710 yg? e t \ + , ’ iW o yépwv maryp eerd vw Kpvias. y ‘4 lA \ € + , @pot, TE Aéets; Ypvoov ws eyyn KTaveyv; »” > 3 , appyt, avwvopacra, Oavpatwv mépa, v7 > 5 n OVX OGL, OVO aveKTa. od Oika Eévov; 715 > 4 > > al € / ® KaTapat avdpdv, ws dienoipacw / / \ / Xp0a, ciWapéw TEeuav hacyave 28 XO, EK. AT. EK. AT: EK AT. EYPITIAOY a“ ¥ pérea Todde aides, od WKTLTW. 720 S a 4 : / ra @ tAnpov, ws oe ToAvTOvwTaTnvy BpoTav ag y i ee , ainwv €OnKxev, Gotis éoti cor Bapus. GAN cicopd yap Todde Seomorou Séuas “Ayapéuvovos, TovvOevde oryadpev, pirat 725 ATAMEMNON. ‘ExaBy, ti peAdXets aida onv Kpimrew tadw éMfota’, ep olorep TadOuBuos yyyerA€ poe \ 4 a \ v.39" -2 / , Bn Ovyyavew ons pydev “Apyeiwv Kopys ; ¢ n . 3 oA Oo. > , > NES MEV OVY ElWmEV OVO eavomeEV ov d& cxyoAdles, wore Oavpalew epé, 730° ¢ > > a Ser \ > nkw 0 amootehdy oe’ TaxeiPev yap ev ? 3 > \ + 4 > » A ~ TeTpaypev eotlv, el TL TOVD eoTiv Karas. .)) Ye yo ld > , a % “ e A éa* tiv avopa Tovd émt oKyvais opa , , 5 4 > wn Ld Gavovra Tpwwv; ov yap “Apyetov, wémrXot dé , > , 4 eas TepiTTvacovTes ayyéAAovot pou 735 , 3 > ‘ ‘ / , Q dvoTnv, euauvTyv yap éyw hEyova ce, € , 4 “4 4 / , ExaBy, ti dpacw; worepa tpoorérw yovu "A , DO. x , a ,. YOfLEVOVOS TOUO, 7) PEPW OLY Kaka. ; Ti pot TpoTwT® VoTOV eyKkAivaca CoV A \ Svpet, To mpaxGev 5 od Aé€yets, tis oF Ode 740 GAN el pe SovdAnv modeniav 6 yyovpevos , ? , 2 ” 5) , a ey. yovatwv arucatt, adyos av mpoobeined’ av. OUTOL TEPvKA pavtis, WoTE py KAVWY 3 n n en \ / eEictopncat adv odoy Bovrevpatuv. dp ékAoyilopat ye mpos TO Sucpeves 745 paAXrov hpévas TODD, ovTos odxi SuTpEVois ; et tot we BovrXa Tavde pydéev cidévan, EK. AT. EK. AT’. EK. AT. EK. AT. EK. AT’. EK AT’. EK AT". EK AT’. EK AT EK. AT EK. EKABH. 29 q@ A 4 és ravrov yKels* Kal yap ovd éyw KAveu, > s\ , A a) 7 ovx av duvaiyyny Tovde Tiyswwpely aTep TEKVOLOL TOLS eoioL. Ti oOTpépw TAOE ; 750 a > x \ \ TOAPGV avaryKyn, Kav TUXHW Kav py TIX. "Ayadpepvov, tkerevw oe THVdE youvaTwv AX ral , A > 3 7 kal gov yevelov defids T evdaipovos. Ti Xpypa pactevovoa; pov édevOepov 28 , r af , > , aidva OécGar; padwov yap éoti cot 755 [od dy7a* rods Kakovds dé Tipwpovpery, aidva tov Eipmravta SovArctoat Oérw. \ \ ad, c¢ « > > , al Kat On tiv’ yuoas eis érapkeow KaXets ;| 4 , & \ 5 é / + ovdev TL TOUTwWY wv ov Sokalers, avaé. Aa Mx 4 Opas veKpov Tovd, ov Katactalw Saxpv ; 760 ¢ A, \ , / > ” “ opO* To pevtor péAXAov ovK exw pabeiv. ae > 9 ” ? ° TOUTOV ToT ereKov Kadepov Cwvys vro. # X ? a & > a / éotw O€ Tis OMY OUTOS, ® TAHMOV, TéKVWV ; ov tov Oavdvrwv Ipiamidav vr “Triv. S 4 > ” »” Bs , 4, n yop tw adAov ETeKEs 7 KElVOUS, ‘yuval ; 765 > , 4 3 e oy 4 > aA 5 nr GVOVNTA Y, Ws EoLKe, TOVO OV eicopas. ~ 3 3\ > , > mT ie »# 7 mov 0 ov érvyxav, qvik wAduTO TTOAS ; / 2¢/ > 6a lal maTyp viv ecéreuwev, oppwoadv Oavetv. Tol TOV TOT OVTWY xwpicas TéKVWY [MOVOV ; 3 , , e ee , €S THVOE Xwpayv, OVTEp nupeOn Gavwv. 779° A + 2 a ¥ a ~ , 7 mpos avop, os apxee THode TloAvpyotwp yxOoves ; évravl éréupOn mixpotarov xpvood pvAaé. , a OvyoKker S€ pds TOU Kal Tivos ToTMOU TUXEV ; 3 €,":3 ” ¢ Twos y ur addov; Opyngé vw wrece Eévos. > a 9S \ ee a @ TARpov, y Tov xpvcov npacOyn AaPetv ; 775 > ‘ Tour, émeidy Evudopay éyvw Ppvyar. 30 EYPINIAOY e A AT. yupes S€ rot vw, 4 tis HveyKev veKpov ; 7Q> A “a EK. 46, évrvyotoa movtias axths ert. AT’. tovrov patevovo’, 7) tovota aAXov ovov; > » EK. douvtp wxer olaove ée€ ados Todvéévy. 780 AT. ktavdyv viv, ws eorxev, exBadrAer §€vos. EK. @adaccdrAaykrov y, wd duareuov xpoa. 2 a AT. @ oxetAXia od THY apeTpyTWV over. y+ al EK. odwdAa, xovdév Aowrdv, “Aydpenvov, KaKar. AT. det dev" tis ovtw Svaotvyyns Ev yuvy ; 785 EK. ov« éorwv, ei py THY Tiynv adrnv Aéyots. > >. @ 7 > > \ \ / , aXX wvirep ovvek appt cov rintw ovr, aKovcoV. € pev Oo1k cor wabety doKd, la 2 rie» > \ 7 4 wn orepyoun av’ et € TovpTadw, OV por yevod \ > TYyLWpPOS aVvdpos avoowwTaTou ~€vou, 790 a 3 Q lal , ” \ » ~. Os oure Tovs yas vépHev ovre TOS avw deioas Sédpaxev Epyov avocwraror, A / , \ > \ Kowns tpamelyns moAAakis TvXov eL0l, [éevias + apiOud mpdra trav éudv didwv* vias T apiOud mp pe “A 4 roxyov 8 dow de Kat AaBay rpopnOiay, | 795 exrewve, TUBov O, ei KTavelv eBovdero, ovk n&iwoev, GAN adjKe movTiov. an “a > “ + 7 neers pev ovv SoddAol te KacGeveis tows % > A GAN of Peot chévovet xw KEivwv KpaTtav \ 4 ¢ , vomos’ vow yap Tovs Oeors yyovpeba, 800 Q a) 7 \ id > e Ul ‘ kat Comev adixa Kat dixat wpiopevot , 8s és o° aveAOuv ei dSiadOapycerat, , kal pn Siknv Swcovot ottiwes E€vous n a / kreivovow 7 Oedv ipa toApaow dépew, A i 7 obk éoTw ovdev THY év avOpwrots ioov. 805 EKABH. 3l1 a3 - 3 ai a“ Q , io / G 4 Tar ovv ev aioxpa Oéuevos aidéoyri pe, » ey a ‘ , > 9 = OUKTELpOV HAS, Ws ypadheds T arrooTabeis 20 A ( @> Ff , idod pe Kavalpyoov ot exw Kaka. TUpavvos HV woT, aAAa viv SovdAn oer, evrais ToT ovca, voy dé ypads amas O aya, 810 amoXis, épnos, dOAwrarn Bpotav. » , A > e , / Oiuor TaAaLva, To, ph vaekayels 700a.; + , 29/7 > U 9), US €ouxa mpage ovdev' ® Tadaty eyo. ti Syta Ovytol TadAa pev pabypara poxJotpev ws yp) wavTa Kal pacrevouey, 815 mevlw S& tHv Tvpavvov avOpwrots povyy, ovdév te padAov és Tédos orrovdalomev ‘\ / tA 7? 3 pucbors Siovres pavOavew, tv nv more 4 7 lA , ai meiew a tis BovAoto, tuyxavew OF apa; mwas ouv ér av tis éAmioa: tpagew Kadds; 820 e ‘ \ + “a Te AoE A ay ol pev yap ovres Taides ovKEeT eit pot, > A a yeh > a > , + . avtn O ér aicxpois aixyadwros oixouat ‘\ \ 4 , > e 7 > e a Kamvov O& woAews TOVd vmrepOpwoKovO Opa. \ \ » \ a“ 7 ‘ , kal pyv tows pev Tov oyou Kevov TOde, 4 Kuzpw mpoBadrcv' adr opuws cipyoerar' 825 Mpos Golo. wAEvpots wats eun Koilerat 7 poiBas Av Kadotor Kacavdpa Ppvyes. mov tas didas dir ecddpovas SeiEas, avaé, A A 2 3 A , > , 7 TOV ev ev piATaTwY aoTacpaTwV / > ¢ a es Ss 4 Paha F xapw tiv ea wats éun, Keivys 8 eyo; 830 “ a id [é€x Tov oKdTOU yap TOV TE VUKTEépwv TaVvU lal , didtpov peyiotn ylyverat Bporois xapts. | 4 , cal axove 84 vuv' tov Oavovta Tovd Opas ; A : A a + ‘ , TovTov Kaas Spadv ovta kydeoryv oéev 32 XO Ar. EYPILIAOY l4 4 Spacers. vos pot poOos évdens ern 835 ” , , ee , el pou yevoito pOoyyos év Bpayioor / lal Kat xepol Kal Kopaiot Kal qodav Baca, my , 7 Aaidadov réxvaow 7 Oedv twos, ¢ id > ¢ a a ws wavO opapth sav ExoiTO youvartwv o ] kNatovt, érirKymrovrTa Tavtoiovs Né-yous" 840 > os 2 @ décr0T, @ péytotov “EAAyow aos, muGov, mapacxes XElpa TH mper Burd. ‘ 2 \ , 2 > 29, TILWPOV, «i Kal pndev eoTLV, aAX O/LUS. éoOXAod yap avdpos tH dikn O fi yap avdpos tH Siky O tmnperetv \ \ \ lal A Aine 9A Kat TOUS KaKOUs Spav TavTaxoD KaKas ae. 845 , a Sewov ye, Ovytots ws amravta oupmirvel, \ > 4 és Kal Tas avayKas of vomot diwpicay, / z , 4 4, pirous tilevtes TOs TE TOAEULWTATOUS, aA 4 €xOpovs Te Tovs mplv edpevels morovpevon > \ ‘ \ \ a Q 4 , eyo oé Kal cov maida Kai TYxas ober, 850 ‘E L3 5 3 + nw ? ae rd , > Kay, dv oixtov xeipa O ixeciav exa, a 4 kat BovAopat Oedv O ovvex avociov Eévov Q lal v4 4 “a , Kal Tov duxaiov THvde cou Sovvar dixyy, y , > 7 4 ae oe Ce el THs pavein y woTe cor T EXEL KaAds, “~ er. oTpaTa te py dogayut Kacavdpas xapuv 855 @pyKys avoxt. Tovde Bovdcboar ovor. err yap 7 Tapayyos eumérTwKée jou" fa! : “ \ TOV avopa TodTov idiov yyeiTa, oTpaATOS, tov katOavovta 8 éyOpov: «i § enol didros 7a? ° A \ “ > \ “~ 8 66 éoTl, xwplis TOUTO KOU KOLVOV OTpPATO. 60 ‘ fal "5 ? € / / 2 ZF mpos Tavta ppovTil’ ws OéAovTa pev pm ExELS / col guprovncar Kal Taxdy TpocapKEecal, Bpadwv 8, “Axatots «i duaBrAnOjoopau. EK. AI. EK. AT RK. AT KK AT. EK. EKABH. pev' fal > , ovx €ort Ovytadv doris Eat eAcvGepos" vA la \ ay 7 > x\ 7 7) xpnuarwv yap SovAos éotw 7 TUX, A Ey 7}. wAHGs avtov woAEOS 7) VOMwV ypadal “a , / eipyovot xpnobor py Kata yvwopynv tpoToss. éret d&¢ tapBeis TO T OXAM wHéoV VEmELS, . “a , éyw oe Oyow Tovd eAcvGepov pofov. , \ \ + ae \ Etvicht pev yap, yv tt BovAevow KaKov A , 5 > 4 5 , de / 7) TOV amoxteivavTl, cvvdpacys S€ jy. qv © &€ ’Axaidy OdpvBos 7} ‘aixovpia maoxovtos avdpos OpyKos ola Teioerat avy tis, <ipye pn Soxav éunv xapw. 7a 8 adda Odpon’ mavt éyod Oyow Kadds, mas ovv; Ti Spaces; woTepa pac-yavoy xepl AaBotca ypaia porta BapBapov xrevets, } pappaxouriv, 4 ‘wikoupia. tint ; , , 4 / ‘4 Tis cou Evveotar xeip; wodev Ktyoer pidrovs ; aréyar kexevOaoe aide Tpwadwy oxdor. \ : , > SS , md Tas aixnadwtous eizas, EAAjvwv aypayv ; giv taiode tov éuov dovéa Tipwpycopa. Kal Tas yuvaigiv apoévwv eoTaL KpaTos ; Sevov 70 rAjGo0s, giv 50rAw Te SVTpaxov. / ‘ / a / / Sewvov' To pévro Ondrv péudopuat yévos. / > > ae: ® ee. / ti 8; ov yuvaixes cidoy Aiyurrov réxva, kat Anuvov apdnv apoéevwv efoxioayv ; ae PET SP t ’ arr ws yevérOw' tovde pev pees Aoyor, wéepiov S€ po. THVS aadadds dia orparov yvuvaika, Kal ov, Opyki wAabcioa eva, Néfov, ‘kadet o avacca by wor ‘IXiov 33 865 870 875 880 885 8g0 34 AT’. XO. EYPITIIAOY \ 4 ‘ExaByn, cov ovK €Xaccov 7 Keivys xpéos, X\ A ‘ ¢ a A , > sQ7 7 Kal maidas' ws Set kal réxv eidévar Adyovus tous e& éxeivys.’ tov S& THs veoopayods > 4. 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B. pitpaciw éppvOurlouav 4 > 7 XPUYTEWV EVOTTPOV 925 Aevooove a.réppovas els avyas, érideuviov ws méroun és evvay. ava. d€ KéAados Euore woAw* KeAevopa O Hv Kar aorv Tpoias 700° matoes “EXXavwv, mote 8n wore Tay 930 "TArada oKoriay Fs ¢ ? »” ? mépoavTes HET OlKOUS ; +) 4 dex de irta. provortremAos avr. B. A A ec , urovca, Awpis ws Kopa, ceuvay mpooilova 935 4 ” >» e ’ 3 ovk nvvo “Aptrepiv a TAGpLwV 4 A ¢ > 3 a3 > , ayop.o.t Se Oavovr idovo0 axotrav \ > \ wd > N / Tov é“ov aAtov émt méAayos, ’ > > a? +) \ / woAWw T amooKoTote, eel vOoTLMoV vavs éxivyoev moda Kal pe aro yas 940 wpirev “lArados, , 3 > na My ‘ Tadaw, amelrov ad-yeu TAV TOL Avookdpow “EXAevav e7w0. ld > ar , kao, Idatov re Bovray aivorapw Katapa didote, érei pe yas 945, 6 > rd > / 5 €K TaTpias amtwAEcev e€ - OKLTeV T OLKWY , 2 , \\2 WF , yf. yaj.os, OV yapos, aX\X addaropos tis oilus av pyre méa-yos GALov amrayda-yo mwadw, 950, I , a 9 > > PATE TATP@ov tkowT €s OLKOV. 36 EK EYPITIIAOY TIOATMHZTOP. 5 , > > a , 4 X BY [S dirrar avdpdv Upiope, pirraryn 82 o,] ‘E iB 8 , ? > a x A KaBn, Saxptw oa cicopdv wodw Te ony, Tv T aptiws Pavovoay éxyovov oébev. 955 per: : > ” a9 ‘ 7 > > / OvK €oTLY Ovdev TLoTOV OUT Evdo€kia, +7 3 95 ral 4 \ 7 A ovT av Kad@s mpacocovTa pay mpage KaKds. , ey Oe \ t \ , s dupovoer. 0 aita Oeot radw te Kal mpdow, Tapayyov évTilévres, ws ayvocia o¢Bwpev adrovs, adda ratTa pev ti Set 960 Opyvetv, mpoxorrovt ovdev és mpdcbev KaKkay; \ 3 + / A 2 A ? , ov O €& TL peuher THS euys azovoias, oxés' TYYXAVHW yap év pécots OpyKns spots amav, 6t HArAOes Sedp* erect & adixopny, / non moo ew SwuaTov aipovti pot 965 > a A / ‘\ , és tavtov noe cuptitver Suwls oéOev, Aéyovea pifovs dy KAiwy adikounv. > 4 , / > we! aicxvvopat oe mpoo Pere evavriov, TloAvupijorop, év rowicde Keyevn Kakots, dTw yap BPOnv edrvxoto, aidus p’ exer, 970 > n 4 / 3 y 2? > 4 “ évy THOE TOTPW TUyXAVOVT, LY Eipl VOY, Kovk av Suvaiunv mpooPrérew opbais Kopats. > > > \ \ , eg / adr aito py dvovoiav nynon ober, IloAvpjorop’ aAAws § airiv te Kat vomos, yovaikas avdpav pn Prérew évavtiov. 975 TIOAYM. «al Gatpa y ovdév. add tis xpeia o epuod; i xphe ere, Sv éuov ex dopwv moda; ti Xpny emepiyw Tov E“ov EK Oop ; EK. idvov guavrns 54 te mpos o& BovAopar \ 6 5 la , - > , be Kal matoas €im@elvy oovs’ OTaovas OE MOL EKABH. 37 xwpis KeAevoov tdvd aroornvar Spor. 980 TIOAYM. xwpeir: ev aodade? yop 70° épnuta. hirn pev ef od, mpordires O€ poe TOde otpareyp “Ayaidy, GAAd onpaivew oe ypHv Ti Xpn TOV Ev TPaTGoVTA pH mpAcoovoew Ev didrous érapKelv’ ws Erounds ci’ eyd - 985 EK. zparov pev «ire matd dv e& euns yepos IloAvdwpov éx te watpos év Somos éyers, | ei Cp’ ta 8 GAAa SevTepov o epyoopar TIOAYM. podtora’ todkeivov pev edtvyxels pépos. EK. @ diAtal’, ws cb kagins oéSev déyers. ggo TIOAYM. ti dn7a BovAa Sevtepov pabety enov; EK, ei THs rexovons THade péeuvyntal Ti pov. TIOAYM. kal deipd y ws o& Kpidios eLyrer poder. EK. xpuods 88 ods, dv HOE ex Tpolas eywv; TIOAYM. ows, év ddmois ye Tots euots Ppovpodpevos. EK. odoodv vey aitov, pnd épa tdv mAnoiov. 996 TIOAYM. yor ovaiuny tod mapdvtos, ® iva. EK. otcf ovv & A€Eat col Te Kal Tacly OéArAw; TIOAYM., ovx« oida’ 73 oG tTotTo onpavets doyy. EK. éo7, © dirrneis os od viv enol Pirct,— 1000 TIOAYM. ti xphy’, & Kape kal réxv cidévar ypewv; EK. ypvoovd wadaai niga ei KaTUpUyes. TIOAYM. tat7r eof & Bova radi onpnvar ober; EK. Aeheore, dua cov y" «i yap edaeBys sion a: Ti jase TEKVOV nies ss mapoypine 38 EYPITIAOY la TIOAYM. évrav o xpvods éoris onpetov dé ri; EK. pédAava rétpa ys treptéAXove’ avo. IOIO TIOAYM, ér ovv tue BovAc trav éxet dpdlew éuol; EK. odcai oe xpypal ois cvveEnrOov Oddo. IIOAYM. wov dyra, wérAwv evros 7 Kpviac’ éxets; EK. oxvAwv év oxAw Taicde owleTau oreyas. ~TIOAYM. wot 8; aid “Axadv vavroxou wepirrvyai. EK. idta. yuvarxav aixypodwridwv oréyat. 1016 TIOAYM. ravdov S¢ micta, Kapoévav épnpia; EK. ovdels “Axaudy evdov, GAN’ yyeis povat. GAN €pr és oixovs' Kal yap “Apyetou vedv ioat roPotow oikad éx Tpoias mdda’ 1020 ¢€ , / e a , 4 Ws TavTa tpagas, wv oe Set, oreiyns madw fvv moaioly obrep Tov éuov wKicas ‘yovoy. XO. ovrw dédwxas, GAN tows duces dixny, Ss\ 7 , ¢ s 4 \ ahimevoy Tis ws és avtdov meowy 1025 Aéxpios exrrevet Hidas Kapdias, > , / \ \ ead apepoas Biov. TO yap vmréyyvov Sika Kat Oeotoww ov Evumirver, oh€Optov Kakov. 1030, I , > ¢ a nn R28 \ 7 o-% , Wetces o 0008 THOS EAs, YO erHyaye Gavacy.ov mpos “Aidav, id radas° > / \ \ 4 , drokeuw be xeupt Aetibers ior. a , > / , J TIOAYM. dor, truprAovpar héeyyos oupatwv tadas. 1035 XO. qKovoar avdpos @pyKos aipany, pirat; ITTOAYM. epi par’ abbus, Téxva, SvoTHVvoV opayis. XO. iran, composts kaiv éow Sopov Kaka. TIOAYM. GAN ovte py piyyre Aaulypd ode" / . Ld n ? > 4 4 BadrAwv yap oikwy tdvd avappygw pvxovs. 1040 XO. i80d, Bapeias xetpds Opparar Bédos. EKABH. BovrAcoO erecoméowpev; ws axpn Kare ‘ExaBy wapetvar Tpwacw te cuppaxours. EK. apacce, deidov pydev, éxBdddAwv wvdas’ XO. EK s / > » \ . / / ov yap oT oppa Aapmpov évOnoers KOpats, 3 a ” a a >? > 9» 4 od matdas ower Cadvras, ovs exTew yu. > ‘\ A a“ \ A , 7 yap Kabeihes Opyxa Kai Kpateis Eévov, a2 \ , eo? , éo7rowva, Kal dédpaxas olamrep A€yes; ad os 4 3 , , ower viv avtix ovtTa Owpatwv Tapos tTuprov, TUPAG oreixovta Tapadopw 7odl, A. Sen a , > a + 82059) S5N taidwv Te Sutodv copa ous ExTew eyo Y a > , WA , fiv tats apiorars Tpwacw’ dixnv dé por , ao e eines ga? 3 , dédwxe’ xwpet 5, ws opas, 60 ex Sdopor. 5 > > \ + > , aA éxrodwy aren. KaTooTHTOmaL Gvud Céovte Opynxi dvopaywrarw pO Love, @pyxi Svopaxwrdry. TIOAYM. wpor por eyo, “ “w ~ ~ A / 7a BO, TA OTo, TA KEATO; h & 4 \ - 4 Tetpamodos Baw Onpos opeorépov : / NS a ay , Tuguevos eri xelpa Kat ixvos; Toiar, [7] tavrav 7 tavd, eEadrrAa&o A > 4 4 / Tas avopopovouvs papa xpycwv "TAiddas, al pe dudAccav; / 4 Ud A TaAawat Kopat Tadavar Bpvyar, @® KaTdparol, Tot Kai pe pvya TTOTTOVTL PLvxXav 3 eiJe por oupatwv aipvatoey BAEpapov aKéoat akécao TupdAoy, “AAte, héyyos amadhagas. ad. / \ “4 3 / giya, Kpyttav Baow aicbavopat E. H. 4 39 1045 1050 1055 1060 1065 40 EYPITITIAOY : Tévee YuvaLKGY. ma, 700 éemagas 1070 a > 4 SE. a capKOv ooréwvy T eutAncda, Goivav aypiwv Onpadv tiOépevos > / / apvupevos AwBav, Avpas avtizow éuas; © Tadas. ) Tol, mwa pepomar TéeKY Epyua, AuTov 1075 Baxxats “Awdov Siapoipacat, \ , , rok VE eee ogpaxtay Kvoi te dowiay datr avy- / > 3 / b) , fepov T ovpeiay exBodarv; a “A n a aA / [7a Bd,| 7a ord, Ta Kapur, vads Omws movtiow meiopact AwoKpoKov 1080, I papos otéAAwv, emt tavde cvbels TeKvov euav pvrAa€k oA€Optov Koiray. XO. @ tAjpov, ds cor dvagop’ eipyarrar Kaka’ 1085 Spacavtt 8 aicypa Sewa tamitiva p xp ye [Saiuwv ewxev, doris eori cor Bapvs. | IIOAYM. aiat, iw OpyKns , Aoyxopopov, evordor, evirmov *7 “Ape. te* Kdtoxov ‘yévos. TOgO iw “Axaol, id “Arpetdan, \ De n 7 Boav avté, Boav: he Bae / \ “ ir ire, moAeTte mpos Oewr.. KAvEL Tis, OVdEls apKemer; Ti péAAeTE; yuvaikes wreoav pe, 1095 yuvaikes aixpadurides. dewa Sewo merovOapev' apo. éuas AwPBas. n ¢ a TOL TPATWLaL, ToL TopEVvOa ; XO AT. a EKABH. | 4] ALTTABEVOS OVPAVLOV IIOO c \ vipl@eres és péAabpor, ‘Opiwv 7) Seipios &vOa updos proyéas adéy- * b ee! E \ 2. FA Se ow Ocowv avyas, 7 Tov és ‘Aida peAayxXpwra aop- IIO5 \ ” 4 Ouov agw Tradas; / > ¢ , > ws / \ Evyyvwoo8, dtav tis Kpeiacov’ 7) pépew Kaka 7a0yn, taraivys é€amradAakar Cons. an > , oy . 3 ‘ 9 Kpavyjs axovoas 7AOPov* od yap yovyxos TéTpas opeias mats Aé\ak ava otpaTov TIIO “Hye, didotca OdpuBov. «i de pn Bpvydv , / > ¢ / cca mTupyous mecovtas yomev EAAnvov Sdopl, PoBov mapécxev ov pécws 6d€ KTUTOS. TIOAYM. @ ¢géiArar’, joOopuny yap, “Aydpepvov, oébev AI’. A > , 3 A a , Pwvys akovoas, eigopas & macxomer ; IIIS éa" a > TloAvpnorop © dvornve, Tis oO amrwdAece; y eek 3 > » \ e se , Tis Oup €OnKe Tudddoyv, aipdéas Kdpas, Aa? 7 o~ a ? / maioas Te ToVTd éxrewev; 7 péyav xoAoV \ \ , > ¢ > + GOOt Kat TEKVOLO LV ELV EV, OOTLS HV apa. TIOAYM. “ExaBy pe ov yuvaiéiv aiypadwriow 1120 AT. amwdeo, ovx drier, GAAG peldvus. / , \ + + ¢o? € / TL PyS; TV Tovpyov eipyarat 76d, ws Eyer; ov toApav, “ExaBy, ryvd erAns apnxavor ; ~TIOAYM. wpo., ti és; 4 ydp eyyis éori rov; AT. LA > J * a 3 3 gy 3? c 4 n onpnvov, «ime wov of, tv adpmdoas yepotvy 1125 / duacracwpar Kat cabayuidtw xpda. - b , / OUTOS, TL TACXELS 5 : oe 42 EYPINIAOY : IIOAYM. mpos Ocav ce Niccopat, peles pw ehetvar THde papydcay xépa. AT. icx’' €xBadov 82 Kapdias ro BapBapoyr, dey’, Ws axovoas god te THOSE TF ev pepe 1130 - 4 > > @ / 4, kpivw d.xaiws, av@ dtov macyes TaAde. TIOAYM. Aé€youw’ av, jv tis Upcapiddv vedraros TLoAvdwpos, “ExaBys mais, ov éx Tpolas éuot maTyp Sidwor IIpiapos év Somos tpéhew, WA x \ “ ¢ 4 uromtos av On Tpwixys aduceus. 1135 “A / > > > ¢f > » , TovTov Karextetv’ av@ orov O éxrewa vu, GKOUTOV, Ws €v Kat copy Gi gov, ws €v Kal copy mzpopnGia. ederoa, 7) Tol wodeptos AecbOels 6 wats Tpotav aOpoicn kat évvockion radu, yvovres 8 “Axatot Cdvra Ipiapiddv tiva 1140 Dpvyav és alav avis apevav orddov, + , , , 3 é karteita, @pyKys media tpiBouev tade AenAatovvtes, yeitoow Oo «ln KaKov 7 mf Lj Tpwwv, ev orep viv, avat, éxapvopev. e 4 ‘ \ “a , ? 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Te “ + e 4 \ Téxv év xepow eradXov, Ws mpoTw TaTpos *yévoiro, Siadoxais apetBovoat xepar. > a a a , KaT ék yadnvav ras doKeis tporPleypatwv 1160 edfis AaBotco dacyayv éx wérdwv obey na an e \ ‘4 / KevTovot matoas, at d& moAeuiwv dixnv EvvapTacacat Tas éuas elyov xépas A “A “: \ > > / / > A kal KOAa* mat 0 apKéoat ypylwv éuois, > SS / > , ee. ei pevy mpocwroy eLaviotainv enor, 1165 Kopns KaTetxov, «i d€ Kivoinv xépas, / a 39X id , mrAnOe yuvarxdv ovdéy yvvov tadas. \ / XN cal , , 70 Aoicbov Se, wHua mnuatos mA€<ov, - , ae ee N > , éeipyaoavto Seiv’' éuav yap opparor, a ‘ mopTas AaBotcat, Tas TaAauTdpovs Kopas 170 KEVTOVTLY, aipacocovow: éir ava oréyas guyddes EByoay’ éx 5é rydjoas eyo \ a / \ 4 , Onp ws Siwkw tas prapovovs Kuvas, 3 fal “a amavt épevvav TOLXov, ws KUVTYETYS, BaddAwv, apa 10 i) t , apacowy. 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EYPINIAOY sy e [wodAal yap nuav ai pev cic éripOovor, ¢ ? 9 > ‘ ad rn , at & eis apwOmov tov Kady mepvKaper.| "Ayapeunvov, avOpuroow ovK éxpiy ore a = \ fal TOV Tpaypatuv THV yA@ooay icxvew m)éor. / GAN eire xpnor edpace, xpyor ede Aéyeuv, ¥ > & \ ‘ , 5 ‘ elt’ av wovypa, Tovs Aoyous «iva cabpods, kat py StvacGon Tadic «vd A€yew Toré. \ \ > > 3 e ?Q? > , cool pev ovv cio of Tad nKptBwxores, GAN ov divawr av dia TéAovs civat codol, Kakas © amwAovT’ ouvtis é&fAvEé Tw. / \ X \ & , Kal por TO pev TOV WOE Ppormiows exer’ \ / > > \ / > , mpos TOvde O Ely, Kat Aoyous apeiouan, ds dys “Ayaidv movov arahAacowv Sutdovv > , / gs aQg> 3 A A Ayapepnvovos @ Exar. maid euov Kravetv. aN, @ KaKirre, TpOTov ovmoT av didrov 70 BapBapov yéevoir’ av “EdAnow yévos, > x , ‘3 S \ / , ovd av dvvaito. Tiva dé Kai orevdowy yapw / > / od \ mpoOvpos jola; moTepa Kndevowv Tia, ba ‘ xX B 7? er, 4 n évyyevns av, 4 TiV aitiay Exar ; } ons eueAXov ys tewely BAaorypara , > / a , , mrevoavres avbis; tiva Soxeis meioew TAOE; 0 xpuva0s, ef BovrAovo taryOn réyew, + \ 9.0 iN a \ / \ / exrewe TOV ép“ov maida Kal Képdn Ta oO. Ss ‘ / Cal * a 7 3 > , éret Sida€ov ToUTO' TMs, OT NuTVYEL Tpola, mépié St wupyos ely’ ere mrodw, fm te Ipiamos, “Exropos + nvOer Sdpv, ti § ov té7, cixep TGd éBovdyOns xdpw a 5 bécba, tTpéhwv Tov aida Kay Somos Exwv a 4 exrewas, » Cavr nAOes “Apyetous aywv ; 1185 I1go T1Ig5 I200 1205 I21I0 XO. AL EKABH. 4.5 GAN ynviy’ nels otker eopev ev dae, katva 6 éonunv actu moXepniov vo 121 p onMyV a TOAEMLLWY UTO, 5 / 4 \ V4 2 SRS / é€vov katéxtas onv poddvt éh éoTiar. Mpos TOITSe VUY aKovoov ws davys KaKds. ra > + > a > “ ir. xpyv o, elrep yoda Tots Axawtow diros, Tov xpvoov ov dys ov cov, adda Todd exew, Sotvar pepovta mevomevors Te Kal xpdvoyv 1220 Toki matpwas yas amefevwpevots’ ov 8 ovde viv rw ons amuddaga yepos A » \ “a 42 > , ToApas, éxwv S€ Kaptepeis er ev Odpmots. \ \ , \ C7 AW 2 OA / Kal pnv Tpepwov pev ws we Taid eypHv tpEepew guoas Te TOV éuov elxes av Kadov Kd€os' 1225 > a al ‘ € \ / év Tots Kakols yap ayalol cadhéerratou \ y dito’ ta xpnota 8 av exaor exer pidovs. > > 93 / f , e > | ei 0 éoraviles xpypdtov, o 8 yvrixe, + a a 2 OA Onoavpos av cor wats vrpx ovpos méyas’ viv 8 ovr éxeivov ‘avip exes cavtd pidrov, 1230 y na xpvood + Ovnols olyeTat Taidés Te Cot, ® autos Te Mpdooes we. Tol d eyd éya, "A , 5 a0 > , A an, YapPE“vov, €l TOO apKErels, KakKOS havel 4” 3 > A \ + \ @ 3 na ovr evoeB yap ovTe mioToV ols Expr, > 4 > b¢, > / , - f OvX OOLOY, OV OLKGLOY EU Spaces E€vov 1235 autov O€ xaipeww Tots KaKois oe PyTomev an ¥ , ) 3 A ToLovTov ovta’ deomdtas 0 ov AoLdopa. ~ a a € \ \ 4 ped hed’ Bpotroicow ws Ta xpyota mpaypara nw > ‘ ] , > 3 \ / xXpyoTav aoppas évdidwo acl Ady. > \ t > t , ; ,, axGewa, pév prow TaAAOTPLA Kpively Kaka. 1240 Lid 2 RE 7 z \ \ cia 4 / duos 0 avayKn’ Kal yap aicxivyy pépet lal ws S / / ? > 4 / mpaypn és xépas AaBovt amrdcachar 7dde. 46 EYPITITAOY éuolt O, tv’ eidyjs, ovr eunv doxels xapw our ovv Axaudy avdp azmoxretva. E€vov, GAN’ ws éxns Tov xpvaov év ddmotor cots, 1245 Aéyets 5€ Gavtd mpdcdop’, ev Kakoiow ay. Tax ovv Tap viv padiov EevoKTovetv’ nev O€ y aicxpov toiow “EXAyow dde. Tus ovv oe Kpivas padieiv diyw Wdyov ; ovx dy duvaiunv. adAXN érel ta py Kara 1250 mpaooew éToApas, TARO. Kal ta py didra. MOAYM. oipo., yuvarxos, ws €orxy’, noowpevos SovAns, vpeEw Tols Kaxiocw diy. EK. ovxovy dtxaiws, elrep cipyacw Kaka ; 1254 TIOAYM. otwo. tréxvwv tdvd oupdtov + éudv, tadas. EK. adyeis' ti 3d nyas; mwaidos ov« adyety doxeis ; TIOAYM. xaipets uBpilovo’ cis x’, @ wavotpye ov. EK. ov yap me xalpew xpy oe TiyLwporperny ; TIOAYM. add’ ov tay’, qvik’ av oe rovria voris EK. pav vavorodjon ys opous “EAAnvisos ; 1260 TIOAYM. kpiwy peév ovv recotoay éx Kapyynoiwv. EK. zpos rot Biaiwy tvyydvovcay adpatov ; TIOAYM. awry mpos totov vads apByoer rodl. EK. vmorrépois vito, 7} roiw TpoTe ; TLOAYM. kvov yervyoe tipo Eexovoa Sépypata. 1265 EK. was 8 oto6a popdys tis euns petacracwy ; TIOAYM. 0 @pyéi pavtis cixe Avovucos trade. EK. cot & ov« éxpyoev ovdey ay Exes KaKar ; IIOAYM. ov ydp wor’ dv ov p? cides Sde ctv Sdde. EK. Oavotca 8 7 lao evOad exrdjow Biov; 1270 TIOAYM. Oavotca’ ripBw Sd dvoya o@ KexAnoerat EKABH. 47 EK. popdys éxwdov, 4} ti, THs euys pets; TIOAYM. xvves radaivys ofua, vavtidow rékpap. EK. ovdév perce por, cod yé por ddvros dixny. . TIOAYM. kot onv 8 avaykyn maida Kacavdpay Oavetv. EK. drémrve* attd radra cor didwp exeuv. 1276 TIOAYM. xrevel vv 4 TovdS adoxos, oikovpos miKpa. EK. pyrw pavein Tuvdapis rocdvee mais. MLOAYM. xairév oe rovrov, méAexvy eEapao’ avw. AT. ovros od, paiver, Kal Kaxadv épds Tvyety ; 1280 TLOAYM. xreiy’, ws év "Apyer dovia o appéver. AT. ovx éd€er avtov, Sudes, exrodav Bia; TLOAYM. adyeis axovwv; AT. ov« edegere ordpa; TIOAYM. éyxAyer’* elpyras yap. AT. ovxy Ogov TaXOS viTwv épypwv avtov éexBadelré zov, 1285 > / 7 \ , A ére(mep ovTw kal Aiav OpacvoTopmel ; e / A > 5 ld ExaByn, od 8, & tadratva, durtdxous vexpovs / a“ ~~ oreixovca Oamre’ Seorotav 8 vpds xpedv a 4 , N \ \ oxyvats meAalew, Tpwades* Kat yap mvods + a T™pOs OlKOV non Tao bE TropTripous ope. 1290 S > , > ev 0 és mdtpav trAcvoatper, ed dé Tay Sdpuors ” > 940 reg, Naa , V4 exovr tooumev, TOVD aceméevor Tove. ‘N , XO, tre mpos Aysevas oKynvds te, Pidrar, tov SerToovvwy Teipacdpevat / \ ‘ > poxOwv’ oTeppa yap avayKy. 1295 Sepstiom teeke NOTES. [1—58. Prologue, contains an outline of the plot. The ghost of Polydorus appears, explains his own miserable murder by his host Polymestor, prince of Thracian Chersonese, the demand of the shade of Achilles for the sacrifice of his sister Polyxena and his own appearance in a dream to his unhappy mother, Hecuba. ] ‘ExdBy—appears in Lat. as Hecuba: so xuvds corresponds to canis, Kid\é to calix, uvddw to madeo. 1. #xw—prob. a dialectical variety of Ykw, in most of its tenses means ‘I am here’, equiv. to édjAvea. oxérov—The masc. form is now always read in Trag. and ‘Comedy; occasionally however a form 7d oxéros is found even in Attic, e.g. in Xen. and Demosth. . 2. “Av8ys—(a priv. and 4/6 see), the god of the unseen world, called by euphemism, Ploutén. oKiorat.—‘has his home’, lit. ‘was and is established’. xopls Oedv—cf. Il. 20. 65 olxia cuepdaré’, edpwevra, Td Te orvyé- ovot Geol ep. 3. mais yey. THs K.—(sc. Ovyarpés) ‘by birth a son of H. daughter of Kisseus’. H. was according to Hom. (II. 16. 718) daughter of Dymas, a Phrygian, the only daughter of Kisseus known to him being Theano, wife of Antenor (Il. 6. 299). Kiootas, a local name, was therefore suggested by some ancient critics to reconcile the two accounts. Vergil follows Eur, and Lat. poets generally, except Ovid who calls her Dymaniis. Polydorus himself is in Hom. son of Priam and Laothoé and is slain by Achilles, yeyos—formed from obsolete poetical yaw collat. form of ylhyvoua: so BéBaa. 50 HECUBA. 4. @pvyov wéAw—The Phrygians were a branch of the great Thracian family, which may account for the familiarity of Priam and Polymestor. In esrly times they occupied the N.W. coast of Asia and were not, as we see them now in maps, localised inland. 5. meretv—not fut. which would be wecetcOa:, but aor., the peculiar force of which is to regard the fall as momentary not protracted. Perhaps we may consider the phrase as sub- stantival=rov receiv, 214 n. Sopl—édépa would here be inad- missible, which does away with the theory that it is the only allowable form in iambics. “KAAynvik@—strictly an anachron- ism, for Hom. never calls the united Greeks. by the name ”E)- Anves, nor indeed any of them except Achilles’ followers from Phthiotis, who were the original Hellenes. 6. wdmeférepe—‘sent me secretly (srd=sub=furtim of Verg. Aen. 3. 50) away from’. In Androm. 47 a stronger phrase, irexréurw dabpa, is used. Tpw. xSovds is governed by éx in the verb. 7. €é&vov—‘a guest-friend’. 8. trivde Xepo. wAdxa—‘ This steppe of Chersonese’. The Thracian Chers. is a narrow strip of land running along the N. of the Hellespont. s7vde of Hermann is more graphic than the usual rjv. Xepo. is the form introduced by Brunck and subsequent editors because the old form yepp. is nowhere found in tragedy. mAdxa conn. with lanx. Cf. rddvw, lavo. The general idea is that of breadth and flatness, akin to wdarvs, planus, flat, rAakois, placenta. 9. otdurmov Aadv—‘a warrior people’. Jl, 13. 4, vicgdw ép’ imrotb\wv Opynkwv xadopwmevos alavy where the schol. ex- plains it as equal to ‘warrior’, Thrace was celebrated for horses and cavalry in days of Eur. See Thuc. 2. 98. Sop\— not ‘sceptre’, though that was the heroic badge of royalty, but ‘spear’, to indicate the warlike character of the Thracians. 10. éxméprre.—hist. present, i.e. stands for aorist: hence ety in 12, contrary to the strictly grammatical sequence of tenses. 11. *IAtov—so called from its founder Ilus; Troy after his father Tros. 12. paj—is better taken with ay than with omdyis Oe ‘suf- ficiency’), though the neg. after the verb is awkward. The NOTES. 51 same question occurs Or. 942, ws rijs ye TOAwns ob ordrts ‘yev7)- OETA. 13. We find in Il. 20. 408 that Polydorus is youngest son and forbidden to fight; but contrary to orders he joined in the battle and was slain by Achilles. rdv & ort marjp etacKke paxecbas | otvecd of wera maar vewraros Ecxe yovoto | kal of pir- TATOS ECKE. : 8=62 8—‘wherefore’. Pors. says ‘which fact’ (7d elvat vewrarov), but twekémepape would be almost a ridiculous word in this connection. 14. 8mda—defensive, as éyyos is offensive, armour. Cf. use of arma in Lat. 15. olds re—‘able’. The re has no very obvious force; it may be classed under the head of re epexegetic or explanatory. 16. dplopara—‘ the flanking walls’, by which the circuit of a city is defined, as Paley explains. It would natutally mean the ‘boundaries’ or ‘landmarks’, which an enemy would of course remove: Scaliger suggested épelouara to which éxe:ro would more naturally apply. The word occurs in Hipp. 1459, @ krelv’’ AOnvav IladAdéos @’ dpicuara. txecro—litile more than jv. 18. xyvrtye—form preferred to edrvxe by Porson, though Herodian the grammarian (2nd cent. 4.p.) tells us that ed-does not augment, av does to nu. 20. ‘I grew up like some sapling, to my sorrow’. This recalls Jl. 18. 56,6 & dvédpayev Epvet Toos. nvgdpnv—there are alternative forms até» and avédvw, Eur, uses avéw in all but three places. todas A/rra. Cf. latum, érdnv. Most words from this root have a twofold signification, as TA7}uwy, TANMO- civn, TAnotKdpd.os, TANTOS, Viz. (1) enduring, persistent, some- times in bad sense, (2) wretched. 21, 22. dawdddvtar...xarerxddy—the change of tense (as in 266) may sometimes be accounted for by the wish to make incidents expressed by the present more vivid. But the trage- dians often varied the tense for variety’s sake. Here the pres. may signify the enduring character of the result. 23. adrds—sc. rarijp (Priam) implied in warpda: so Soph. Trach. 259, pxerac wodw | THv Hupurelay, rovde yap x.7.d. Cic. 52 HECUBA. - (quoting Pacuvius) de Or. 2. 46, neque paternum adspectum es veritus, QUEM &c. Qcodprjtw, ‘consecrated’, built for the gods, not by them. One of the scholia Oecds cal Oavpacris xricbévTt istame. The altar referred to in Bwpe is that of Zeds ‘Hpxe?os, as we see from Tro. 483, xaracgddyevr’ éd’ épxelw mupg and Vergil Aen, 2. 550 speaks of Priam, altaria ad ipsa trementem. 24. maidds—Neoptolemus or Pyrrhus. 25. «relver...cravavy—such repetition is frequent, especi- ally in Eur. Cf. A. Fur. 33, xretves Kpéovra Kal xravov apxer xX9ov0s. 27. peOnx’, tv’...exy—‘ flung me into the billowy sea in order himself to have the gold in his house’. The subj. ano- malously follows an hist. tense to shew that the result still abides. [éyvy, however, may fairly depend on xrelve in 25.] According to Verg., Polymestor buried the corpse, but Ov. Met. 18. 438 follows Eur. exanimum e scopulo subiectas misit in undas. 28. én’ dxris. So the best MS.—There is a variant dxrais, perhaps from 36, «/ac break, like pyyulv from 4/PAT, ‘place where waves break’. dAdAor’—it is usual though not necessary to understand another d)\)ore in preceding clause, as in Soph. El. 752, dopovmevos awpds oddos, dAdor’ otpav@ | oxédy ~ mpopalywy, and Verg. Aen. 5. 830, sinistros | nunc dextros solvere sinus. 29. ‘Carried about by many revolutions in the waves, (now up now down)’. Not ‘ebb and flow of tide’, for there was no tide properly speaking in Hellespont, which in view of the ancients was a river, [hence its epithet mdarvs]. StlavAo— strictly the limbs of a race-course; the chariots raced up one, turned at the post, xauarrjp, and then passed down the other limb to the finish. Aesch. Agam. 344 uses the same figure— Kapwat Siavdov Odrepov Kwdov adi, i.e. the Greeks have done only half their journey; the other half, the return, remains to be done. copovpevos—frequentative form, huc illuc iactatus. - 80. dkAavoros, drados—an echo of Il. 22. 386, akAavoros d0amros, the words occur Soph. Antig. 29, where, as here, their order is disputed. Cf. Aen. 11. 372, inhumata infletaque turba. imtp—‘ because of’, ‘for the sake of’, not=vmepavw, ‘above’, for if, as is the case, the ghost is visible (see 52), this interpre- tation would involve his being in two places at once, unless indeed we consider his statement in 31 sqq. a merely general . iO *, ; Og one. There is throughout some con sion betiveen P.’s spirit, and his corpse. Neue ns Ley! 31. dloow—like ruo, is used of a or down and is both trans. and intrans, \J dé oxial diccovow, it is appropriately used” ghosts. The form in Attic poets is usually a gave rise to the variant dygoow in this place. Sead 32. ‘Now for three days’ space have I hovered aloft, all such time as my illstarred mother’, &c. tpiratov—the term -acos=‘of so many days’ standing’, e.g. terapraios, 8. John xi, 39, ‘a corpse of four days’. Butcfi. Hdt. 4.113, r7 devrepalg, ‘on the 2nd day’, and in this passage rpiratov is equivalent to tplrov, as in Hipp. 277, was & ov, tpiralay 7’ ovo’ dovros huépay. 34. awdpa=mdpeorw—i.e. the prep. is intensified in mean- ing and then suffers anastrophe. 35. vats gxovres=xaréxovres—‘ with their ships brought to, sit idle’, mdvres “Ax.=Hom. ravaxaol ’Ax. strictly applies to the main tribe of Greeks at Troy whose head-quar- ters were in Thessaly, but whose offshoots had spread to Pelo- ponnese, Ithaca and Crete. 89. ‘Homeward guiding their sea-dipt oars’. ed0vvovras, plural words agree with a sing. collective, especially when used of living beings, and then take their right gender. - Cf. Aesch. Agam. 575, Tpolav éddvtes...crddos. Eur. Rhes. 46, orparos... édiémevot. | wrdtyv—the ‘blade’, then the whole oar. Grimm’s law tells us that rAarn is connected with Engl. flat: while blade is etym. connected with giAdor, foliwm. 41, ripBo—a locative, like ofko, «icky, &e. [Or, a dat. commodi, ‘an acceptable sacrifice and special honour for his tomb’.] 43. | Tempwpévyn—se. poipa or TUX. 45. Svoiv...6vo—these juxtapositions, which are notable in tragedians in the case of numbers (see 896), are due partly to the love of distinctness and clearness, but still more to rhe- torical effect. Such are pdévos pdvors, mortali immortalitatem non arbitror contemnendam, ‘faith unfaithful kept him falsely true’ (Tennyson). 54 -HECUBA. (49. &yrnodpnv—‘1 asked for myself and won’. Cf. Lat. | exoro. <A double accus. (for ruuB. xvpfoa is virtually a sub- stantive) as in Lat. is used with verbs of asking. 51. rovpdv piv odv, x.7.A.—‘ For my part, then, all that I wished to get will result’. +vyetv here has an accus.; so Aay- xdvw usually and xvps in 697 [or rovpudy is subject of érrac]. 53. wepd...wosa—cf. Alk. 1153, véoriuov 8 &dOos dda. Verbs denoting motion of the body may be followed by a dat. or acc. of the part of the body in motion, e.g. Baivew mdéa, xalvev oriua. In wéda érgocev, 1070, the prep. accounts for the transitive force. tré oxynvis— from under the tent’= vméx. There is no occasion to alter this reading: yet mpd, did have been suggested, and Porson adopts Musgrave’s umép ox7- vynv, ‘past or beyond the tent’. The constr. with gen. is justified by Hom. ime fvyou, Hes. vd xPovds, &e. - 54, “Ayoy.—H. in ‘Troades’ falls to lot of Odysseus: here of Agam. 55. tris=quippe quae. ‘Since in exchange for a royal home, thou hast seen a day of slavery’. é«. Soin Tro. 494, Kav 7édw kolras éxew | pucoio. vwrois Baciwixdy éx Seuviwr. 56. mpdooes kaxos— farest ill’ must be carefully distin- guished from zroe?s kaxds, ‘ behavest ill’. 57. dvTionkdoas—‘some god is ruining thee, and has given thee compensation for thy former blessedness’. drTi- implies counter balancing, and governs the gen. which follows. The word dyrionx. is intrans. in Aesch, Pers. 437, ws roicde kal _ dls dvricnxwoa porn, but if a trans, signf. seems necessary, ~0opay may be supplied from @elpa. [The idea of compensa- tion is thoroughly Greek, and in its theological aspect is known as the doctrine of Nemesis. ] [59—99. Aninterlude. Enter Hecuba, supported by Trojan ladies; she describes herself as troubled with presentiment of disaster, with nightly visions of a fawn torn by a wolf and dragged from her knees. She longs for Helenus or Kasandra to interpret the dream. Achilles too has appeared above his tomb and demanded the gift of a Trojan maid; may the gods avert the omen from her daughter !] [As to metre, see appendix. The dialect of lyric passages is Doric, but the Doric forms are not very consistently used NOTES. BB by the different tragic writers. Its chief characteristics are the frequent use of a broad and rough a for 7 and w, and for -ov the gen. of Ist declension. Two letters are used where other Greeks employed a double consonant as of for ¢, e.g. pericderar. The most eminent writers in old Doric were Tyrtaeus (the lame schoolmaster who encouraged the Spartans during the Messenian war), Alkman (about 630 B.c. chief Spartan lyric poet), Theognis (elegiae and gnomic poet born about 570), Eipreharmas (comic poet of Kos and Sicily b. 540)]. 59. Sdyev—tents of Achwan camp. 60. ép8o0vca1—‘ supporting’. _ @iv—the reading of all MSS., more vigorous, lifelike, and better Gk. than voy which Pors. reads, and which perhaps crept in as an amplification. 64. pov yeparas, x.T..—‘ taking me by my aged arm’. - This gen. comes ‘under class partitive, and its use is analogous to that with @xowa: (898) and other yerbs of seizing, grasping, holding, which have a gen. of the object: We say ‘by’ or ‘on’; so Theocr. 4, 35, rov abilities midéas | Tas omas, ‘ seized it by the hoof’, yépatas—obs. quantity of -at. Cf. El. 497, mahtiv Te Oncad- pioua, see 82, n. Pors. suggests without reading yeas. tmpoc- Aat.—if any "force is to be assigned to mpds it must be that of taking to oneself. aLdpar i is the form preferred by Attic poets especially Hur. to Adgouar, Ep. and Ion. collateral form of Aap Bary. 65 sqq. ‘And I propping myself on a bent arm as on a ‘staff will hasten the crawling motion of my limbs setting one foot before the other’. H.’s own arm, linked (8d) with that of her ladies, forms her stick: the epithet ‘bent’ is transferred from the stick to the arm; observe that Greek usage limits by an adj. a metaphor which seems too strong: e.g. Aesch. calls vultures Znvos kives, but corrects the metaphor at once by add- ing dxpayets, ‘dogs, but not barking dogs’. So here Eur, calls ‘an arm oxirwva, but adds cKodidv, because real sticks are ‘straight, not crooked. ‘The gen. thus used is called a definitive ‘gen. [Two other interpretations are given, (1) a real stick. Cf, Cic, de div. 1. 30, incurvum et leviter a summo INFLEXUM BA~ cILLUM: then xepos means ‘by my hand’ and zporieica may - govern cxirwyvasupplied from oxtrave, (2) ‘supporting myself by E. H, 5 56 HECUBA. my hand on a bent stick’, i.e. on shoulders of her attendants: but this is scarcely consistent with mpocdaf. xepds above.] ox(trwvy—same root as oxynrpov, Lat. scipio: for interchange of e and i, cf. x0és, xOcfds, wévre, quinque: tmmos, equus. 67. dpSpwv—strictly the socket of a joint (/ar, cf. artus, arms), and is generally joined with other more specific words, as dp0pa modotv, dp0pa trav Kikdwy, ‘the eyes’, dpOpa orépuaros, ‘mouth’, &e., 68. @ otep, Avds—‘O flashing light of day’. A similarly strong phrase is used by Soph., Trach. 99, Naumpz crepora preyéGwv, of the sun. So 709, Aros ddos. 69. ‘Why, O why am I excited thus?’ ote as tandem in Lat., of strong appeals. This is a rather unusual sense of aipopat equivalent to uerewplfoua. tyvvxos—the Greeks prefer the adjectival form to 77 vuxri: it is a poetic form, more usually évyvxos Which is of three terminations, évyvxos of only two. 70. ‘O sovereign earth, mother of darkwinged dreams’ (i.e. illomened, 705). Pors, wished to transpose this with 6 ckor. wot, 68, but x@av includes the nether world whence dreams come. mdry.a—one of the very few fem. trisyllables in -1d [cf. burma], a poetical title of honour used in Hom. of persons only, but in tragic poets often used as an epithet of earth. 72. darotréptropar—‘ I deprecate’, Lat. abominor. 73. d&v—ray is suggested metri gratia to make final syllable of dw long. owfoyévov—an instance of tragic irony; for the audience knew that her son was dead. 76, é8dyv—‘I noticed and understood’ if we retain épuw %a8ov. This means she took particular heed to the dream: its interpretation she knew not, for she wishes to consult Helenus or Kasandra. édanv—is aor. pass. from ./da, ddw not being found: it is only used in the Chorus of Attic poetry. 79. & xQ@ov. Oeol—‘ye nether gods’, see 70; better than ‘gods of the country’, with which cf, Lat. dii indigetes, more appropriate but with less authority. ow#care—notice the dis- tinction between the momentary aorist and the continuous present Tov cwfopévov. > eo 80. dykup’ dr’ guov—this is the excellent emendation of Pors. after Reiske, dre being a particle of comparison, Other NOTES. 57 readings are ér’ ayx. duev, éx’ éuwy, for the original dyxvpa 7’ éuwy which is objectionable from the position of re, yet we have a parallel in 426, and in the position of qwe in elegiac verse, e.g. Tib. 1. 3. 56, Messallam terra dum sequiturque mari, and even in prose as Cic. inter nosque. [The metaphor in dyxupa is common in all languages; perhaps H. refers to Polyd. in these strong and at first sight exaggerated terms (for Helenus and Kas. were still alive) because he was the only child still at liberty]. 81. xvovwSy—most words in -oe.dys remain uncontracted, as Keparoerdys, wovoerdys, -oec Should strictly be contracted into ot as OnAots for Sydrders, but Oeoedys contracts into Geovdys. Opyxynv, Ep. and Ion. form of Opd«ny preferred by tragedians, though in other cases they choose the Doric as ’A@dva. Karéxet, ‘dwells in’, 82. marplov—so the best MS. Old reading was zarpywov which involved a difficulty in quantity. ovAaxatow—Greek idiom uses the plural in many words where we use the sing, €.g. wAovToL, yéAwres, évdeca, Kpéa, wupol, KptOal, adres, 265, n. 83, t. véov—‘Some new sorrow will hap’. véov, like novae res, usually implies something untoward. The Greeks made great use of their neuts, sing. and plur. as in such phrases as Mapa ppovety, Kadov deldew, waxnréor (-Téa) early, 85. ddlacros—‘at no other time does my soul thus un- _ ceasingly shudder and quail’. The der. is /xAw, cf. vépos and kvégas, x\atva and lana, and its general sense is ‘ unbending’ as we see in Hom. who uses it of war, battle, lamentation, JI, 24, 549, und’ adlacrov ddvpeo, ‘mourn not incessantly’, 86. .dploroe, rapBet—asyndeton, usual in agitation. 87. mov more—‘ where ever’. So ti more, 69. Oclav— ‘inspired’, hence ‘divining’=pav7ixyv. Cf. Aen. 8. 873 (of Helenus) canit divino ex ore sacerdos. Helenus, son of Priam and Hee. ; later traditions say that he was the only grown son of Priam who survived the Trojan war, and that he deserted the Trojans and married Andromache after Neoptolemus’ death. Kasandra was endowed with prophetic powers by Apollo, but no one would believe her. On the taking of Troy, Agam. won her and took her home to Mykenex, when his wife Klytemnestra murdered her from jealousy; see 1275. ; jy—Z 58 HECUBA. 88. éof8#—conj. deliberativus [unless we call it like tOwuas . a Homeric fut.]. Goodwin, § 213. 2. KaodvSpas—this read- ing instead of Kdcavépay removes the difficulty which was felt about ‘EX. Wuxdv as though Hel. were already dead and only his soul could be spoken of; the phrase is equivalent to” E\evov simply. 89. Kplvwow—if, when two or more substs. are joined by =‘ or’, the verb applies indifferently to both, it is put in the plur, e.g. Alk. 367, kal pw’ 086’ 6 TWdottwros xiwy | 008’ ovr korn Wuxotoumos av Xdpwy | éoxov. There is therefore no need to read xai for 7} in 88. 90. ydp—the inferential force here is nil, and the particle merely introduces the dream. - Padrtav—‘ dappled’ ./Bad- same word as varius. Eur. him- self explains the word Jph. Aul. 221 (of the horses of Kumelus), AevxooTixty Tpixl Baridv. | 91. odatopévay...cmac8.—79, n. dvolkrws, the excellent reading of Pors., see metrical note. 92: +68e—viz. what follows, so in Thuc., rade &\eyov com- mences, taira é\eyov ends a speech. 96. Te—‘ was urgent in asking’, notice force of imperf. yépas, a gift of honour, strictly that called also éfa:perov, which the chiefs received before division of the spoil. ‘ 99. dio...méupare—by tmesis for droméupare, ‘ avert’. 100—154. mdpoS0s—The chorus of Trojan captive women, 15 in number, enter the orchestra from the side, and marching either in ranks (xara ¢vyéa) or files (xara croixovs), muster round the @upéd7n, the raised altar of Dionysus in the centre of the orchestra, whence the xopypaios would direct its movements, They say, ‘ We have left our master’s tents not to lighten your sorrow, but as heralds of woe. Achilles has asked for a victim, and the Greeks in conclave have resolved to offer your daughter. In the debate, Agam. from regard to Kasandra, advocated your cause, but the opposition urged that Achilles’ spear was worth more than Kasandra’s bed. Odysseus turned the scale, with the plea that none should stand up among the dead and reproach Greeks for thanklessness to Greeks, He will be here anon to seize your daughter—supplicate the gods: so you will save yourself bereavement, or else you must see your daughter ie’, oA hee, NER Sito 5 PS pe < ~— NOTES. 59 100. omovSy—is on the point of being ‘petrified’ into an -adverb. The dat. is one of manner, so Pig, ovy7, &pyy, loig, Spduw, KUKAw, dpy7. eAtaoOnv—‘I came away to thee’=Lat. secessi, 85, n. 101. Seomordvovs—‘ of my master’, Attributive adjectives are used in Gk. and Lat. where we employ a preposition, e.g. Tedauwme mat, son of Telamon, ’Ayirela Adyx7n, 131, filius erilis, ‘master’s son’. Sullanus exercitus, ‘Sulla’s army’. 102. ty’ ékAnp.— to which I was apportioned by lot’, with this sense of motion implied in iva, cf. Thuc. 4. 48. 6, és ry LixeNlav, iva wep TO TpwWTov WpunvTo, adwow\e’cavTes. There is a constant interchange of of and wot and such adverbs, just as we use ‘where’ and ‘whither’ rather loosely. [The captives would stand round: each warrior’s xA7jpos, marked, would be put into a helmet, a maiden would step forward, the helmet be shaken and the girl assigned to him whose lot leaped out]. 104. doyx. aly. Sopr0sjp.—‘ captured at the spear’s point’, This is a pleonasm, especially dear to tragedians, e.g. 66, Phoen, 328, diremXos dapewy, El. 310, avéopros lepayv. 106, 7. ‘In no respect lightening thee of thy calamities, but having taken on myself a heavy weight of tidings’... od8év —is an adverb, as appears from the use of droxovd. in Or. 1341, ge is easily supplied. The gen. is one of separation. dpdpevyn —the long a is accounted for by the fact that aipw is con- tracted from delpw. 109. ‘For in full conclave of the Achs. it is said that it was resolved to make thy daughter a sacrifice to Achilles’. doxéw, a legal t. t. especially of public resolutions, e.g. 2d0fe 77 Bovd7, TP Snuw, So senatui placere in Lat. 111. ripB. érBds—‘ mounted the tomb’. éi means ‘ to- wards’, and denotes the action of alighting upon. 112. otc’ 6re=meministi quum, see 239 for this sense of oicfa, there is a conjecture 67: which is decidedly weaker, and Schaefer observes that the Greeks used a particle of time quite unnecessarily, e.g. 307, drav almost=édy. ypvoéos—‘ armour inlaid with gold’, unless this epithet apply to it as made by a god, after the epic manner. ovdv 6rA.—is a usual Homeric mode of expression, ‘with his armour on’. 113. ‘Stayed the ships from going to sea, though their sails were braced on the halyards,’ i.e. ready to start. trovr.— 60 HECUBA. a usual epithet of ships: here it adds point to écxe, and becomes almost proleptic. ox¢5.—properly rafts for the nonce. Thue. 1. 10 conjectures from Homer’s statement the size of the ships which went to Troy, the largest holding 120 men, the smallest 50. 114. mpor.—is more properly the sheet which held the mast in its place, fastened to the prow. Aatby—is acc. of ref. — mpor. dat. of instrument, unless ézeped. have a transitive sense, as in L.and 8. Cf. Hor. Sat. 1, 6. 74, laevo suspensi loculos tabulamque lacerto, and 910, 115. Qwticowv— by this loud chiding’, perhaps strictly of the ery of an animal, akin to @¢s a lynx through ./krug= ‘ to ery’. Itis used as a hunting term, xvol Owvéar, Hippol. 219, and . when applied to men denotes a loud impulsive shout. Soph. uses it of the cry of Ajax (4j. 308, 335). 116. ‘Whither then set ye forth? —67 like 6yra strongly emphasizes a question. Aavaol—according to Mr Gladstone is a purely military denomination; historically or politically the Greeks could not be so called in the heroic age. 118—121. ‘Then clashed there waves of frequent strife, and through the warrior Hellenic host there ’gan to pass two diverse streams of opinion, some minded to present a sacri- fice at the tomb, some not’, £€vyématoe,—intrans. as in Aesch. Prom. 885, Oodepol 5 Néyou watova’ eixn | orvyvAs mpds Kvmacw ‘a@rys. The MS. reading éuvérece is unmetrical. tipBo—lo- cative, Cf. 31 n. SoKxovv—acc. absol. see 506. This con- struction is confined to neut, participles, mostly some simple word or compound of eiul, e.g. évov, wapdv, éédv, Sdéav, Séov. 122. ‘Eagerly advancing thy interest, constant in honour. to the bed of the inspired prophetess’, i.e. Kasandra. dvéxov— so Soph. Aj. 212, éwel ce déxos Sovpiddwrov | oréptas avéxer Povpios Alas. 125. +t& Ono.—Demophoon and Akamas his sons by Phaedra. 6fa—‘two scions’ 20 n, 126, S8iccav—‘two’, not dissonant, which would be durdwv. We have in Soph. Aj. 57, duccol ’Arpetiar. The rhe- torical opposition diccwy...~id is quite Huripidean, 45 n., 896. 128. orehbavovv—double idea of ‘crowning’ and ‘ho- nouring’ as schol. says, comes from crowning victors at games, Cf. Soph. Ant, 431, xoatou rpiamdviowc. Tov véxvy orépe:. NOTES. 61 129. xdwp@—(xro7, tender grass), ‘fresh, young’. a- kpaipvés, 5387, conveys same idea, 130. ‘They declared they would never set K.’s couch before A.’s spear’, or rather ‘ the warrior Achilles’.' See 101 n. 132. ‘Now well-nigh equal was the zeal for the hotly- contended arguments, till the wily-minded, bullying, sweet- tongued people-courtier’, &c. Katrarev. The xara is intensi- tive. mowuwdddpav—an echo of Homer’s epithet mocxidouhrns, which however is an epithet of honour. «éms—practically same as xomls ‘an axe or chopper’. The Schol. explains ‘orator’ but the idea of xéwrw requires to be brought out. Possibly ‘incisive’ as Paley suggests; but there is a pointed antithesis: Odys. would be bully or fawner to serve his pur- pose. Eur. was perhaps thinking of Hyperbolus, or Kleophon the demagogue, or some contemporary. . 135. me(Qa—é¢rewe would be the true grammatical sequence after awply, but that would imply that the effect of the principal verb had altogether passed: the present tense brings the result on to the time of the speaker’s remark. 137. SovrAwv chaylwv—=dovNlwy. Cf. orpardv alxunrny 120, dovdAns yuvarxds 1253, servum pecus. Hor. | 141. _‘ Who have died for the sake of’, 143. ‘Now Odys. will be here almost immediately to drag away’, &c. Scov ovK—so drt wy, door ovrw(Thuc.). Lat. tantum non. ahé\Ewv—corresponds rather to supine in -wm than to fut. participle, to detractum rather than detracturus, - 144. qmadov—the young of any animal, men included; so pooxov, of a young girl, 526, rados, of a youth, Phoen. 954. 146. vaots—supply zpos from latter part of sentence; so Hel, 863, Tpoias 5¢ gwOels awd BapBdpov xOovds. 148. «rypvece—‘ loudly call upon ’, ‘hail’, as we speak of hailing a ship. The ancients looked with suspicion on silent prayer, — 149. yatav—the reading of MSS., corrected to yalas by Pors. for sake of metre. But -ay is lengthened in the pause, see 83, metrical note. 151: déphavdy—in Att. sometimes of two terminations. Cf, 296, 592. 62 -HECUBA. 152 sqq. ‘Or thou must see thy virgin prostrate before the tomb, incarnadined with blood as it runs in dark-gleaming flow from her. gold-decked throat’. tvpBov—depends on zpo- in wpomern. Two MSS. read riuBw locative. Sate he refers to usual adornment of maidens. Cf. IU, 872 (of -a young warrior) 6s kat xpvsov éxwv trodépuovd’. ‘ibe fire, Kovpy, though by the analogy of Suppl. 1054 the adorning may he for sacrifice. vacp. peXav.—in apposition with atpare. [155—443, First Episode. After Hecuba’s monody, a series of expressions of woe, and the attempts of Polyxena to console her, which conclude with a lament that she cannot share her mother’s slavery, and a noble expression of disregard for her own life (155, 215), the action of the play continues. Odys. enters: Hec. appeals to him for protection on the score of past favours shown, Odys: urges the extreme necessity of. not neglecting due honours to:the brave, and the scene closes with the removal of Polyx. H. faints.] 156. axe—Doric for nx. 157. 8eAala yrjpws— forlorn because of’. This is analo- gous to the gen. of exclamation, as tov yacunuaros, ‘ what a swallow ! Goodwin, §.173. 3: 159. deptds—poetical form of gopyrjs, i.e. verbal from dépw, not popew. 160. ‘Who is my helper ? what child? what city ?’ ‘trola— differs but little from ris. yévva—[This word can lengthen the final syllable, as in Iph. Taur. 159, like 7é\ya in Pindar ; yeved. is read by Pors. to avoid the difficulty ;] the word may fairly mean either ‘child’ or ‘people’ just as Eur. uses Drdprwr yévva, Ppvywy yévva, Kevraipwr yévva. 162. pov8os—‘i is dead’, lit. ‘gone’; ; 80 olxouat, BéBnxa, The der. is mp0-d60s, cf. poluioy, ppovptov. 164. mot 8 fow;—strictly an acc. is required as with dpydaw and verbs of sending ; many amendments have been proposed. Schol. reads How from inue=eo for which there is no evidence. Musgrave, zo? 5 jow moda; Tis. 166. ‘O daughters of Troy that have brought evil tidings’. Tpeddes—like Troiugenae and Aeneadae, &c. Reference is to 107. 169. * No more to me is life in this light of day object of desire’, Blos év pder—little more than flos. Hom. Odys. 10, 498, rc fwew Kal opay paos jedlovo. , NOTES. 63 172. aitAdv—the tent where Polyx. is. 172 sqq. See introd. for bearing of this passage on the date of play. 176. bdpav—‘tidings’. A/FA cf. dnul, fama, fari. 179. kapvgac—We should rather have expected the fut. for H. as yet had announced little or nothing. déor’—Ep. particle of comparison, but found in 204 of this play. 180... éerragas—Dor. = éférrnias, ‘startled me from the. tents’. mrnoow is usually intrans. ‘crouch’, except pera in Il. 14, 40, rr7te dé Oupov évl ornbecow Ayaor. 182. op. por kaka—‘ a sad prelude methinks’. yuo, ethical dat %. 184. eas8a—kpiyqs—Notice change in tense: latter makes a more definite request: the line is copied from Il. 1. 363, éfavda un Kevde vow, iva elSouer audw. 185. Sep....dvarrévers—an elliptical mode of speech. ‘TI fear (and fearing doubt) why thou liftest up {ava) thy voice in lament’. , 189 sqq. ‘A public decree of the Argives gt aotege aims at thy slaughter at the tomb in honour of Peleus’ son’. pos ia «ea implies the process of dragging her to the tomb nrcla yévva—this reading avoids the difficulty which is found in the common reading IIy\eléa yévva, for that would be Neoptolemus, not Achilles. [The variants are (1) Aca yévva, and dat. xowg yvwua, ‘the child of P. intends by common decree;’ (2) ’Apy. yévva might="Apyeto, like more common yévos; (3) yévyva may be voc, ‘O my child’]. 193. dpéyapra kaxov—' how utterest thou most unenvi- able woes’ = d@édvyra, some have preferred the idea of ag@ovos, ‘unstinted’, ‘numerous’. The neut. plur. thus joined with a gen. is very common; and is imitated by Hor. amara curarum, dura navis (gen.). 197. pot—dat. eth.; notice the elegance of its position, These lines are at first sight weak after 189—191, but the repetition is full of pathos. 199. Svor. parep Prords—Take these words together and make 6. 8. gen. of quality, so 211.. Observe that Eur. is — fond of repeating a word or phrase in choral parts. 64 HECUBA, 203. mats 68’—‘I thy child here’, like hic, dd¢ is used of a speaker indicating himself, 205. pédoxov—142 n, 207. “Av8a—‘to Hades’, dat. of motion is not common, it recalls Hom. Jl. 1. 3, “Avé: ean So in Lat. it clamor caelo (Verg.), nigro compulerit gregi (Hor.). 213. ‘But my life, its outrage and its shame, I weep not after’ (uerd), i.e. she does not regret the loss of life. Cf. Med. 996, weracrévouat 6¢ ody adyos. Other translations are (1) therew: ith, at same time, (2) too late, after the event, ®) with a notion of change, i.e. from death to life. 214, @Oavetv=70d Oaveiv. 216. Kal pynv—‘and lo’, usual formula for introducing a new person on, stage, as in oratory it begins a new argument, and in description a new incident. [217—250. Enter Odysseus. He reminds H. of the decree and says that he has come to take away her daughter; he advises submission and deprecates all violence. H. in reply mourns that she did not die before, and asks leave to put a question, if a slave may be allowed to address a freeman. She recalls his visit as a spy to Troy, her discovery and conceal- ment of him, his urgent entreaties for life, and her saving of him.] 218. yivar.—‘ lady’, a title of respect. 219. Kpavletoav— ratified’. 221. mpdos 6p0. xopa—l190 n. 224. trecrat—This is the excellent emend. of Nauck for usual éréorn which is tame after ériordrys. 225. otc’ ov § Spdcov—‘ dost thou know what to do? neither be torn from her by violence nor come to any conflict of blows with me’. This curious phrase which means properly ‘do, dost thou know what?’ recurs often in Eur,, Soph. and Aristoph. 227. ‘Know thy powers’, i.e. thy real powerlessness. Cf. Xen. Anab. 1. 6. 7, dor’ avd @yvws rHyv ceavrod divamur. 228. ‘*’Tis wise, I ween, even in troubles, to have wise thoughts’. rot gnomic, i.e. its province is to introduce a pro- verb or sentiment, NOTES. 65 234. ‘But if a slave may ask questions of the free, neither grievous nor vexing to the heart, then it is befitting that thy speech indeed should have been spoken but that thou shouldst hear me when I ask these questions’. [Prof. Paley follows a scholiast in making col=pods oé, ‘’tis to thee our speech must be addressed’, but this loses the force of thé tense. Weil, ob- jecting that Odysseus had finished speaking and that Hecuba did not wish him to cease entirely, conjectures oé uév épwracdac xXpewr. | ; 235. 4-not ov, because the statement is general, 237. Hee. vores of herself in the plur. and the rule is that in such cases the masc. must be used. 238. xpdvov—causal gen. after verb of envying. ‘I do not grudge thee on the count of time’, Goodwin, § 173. 1. 239. otc8a—‘ dost remember ?’ 240. ‘And from thy eyes gouts of blood dripped down upon thy chin’, The allusion is not to his weeping ‘ tears of blood’, but to his general ghastly appearance when he entered Troy as a spy and had mutilated himself, pretending that the Greeks had maltreated him. The story is told by Hom. Od. 4. 244 sqq., where Helen not Hecuba recognises him: as the schol. remarks, Hec. would hardly have let him go. @08ov and 6édov have been conjectured, and if adopted, then orad. would refer. only to ‘tears’. 242. ‘Yes, for it did not touch merely the surface of my heart’, i.e. it cut deep. The gen. is partitive. 244, pepv...€X@ovres—the participle is regularly used after vbs. of emotion. 397. The constr. is imitated by Verg. Aen. 2. 377, sensit...delapsus in hostis, i.e. se delapsum fuisse. 246. ‘Yea, till my hand grew numbed within thy robes’. The ye confirms the previous speaker’s assertion and adds a new feature. 247. 8xyra—‘ prithee’. [251—295. Hecuba to Odys. ‘You owe me gratitude not unkindness. I hate you orators who speak to please, care- less what injury you inflict. Why was my daughter to die, a human sacrifice, where a beast would have served? Achilles has no grudge against her; Helen, alike as the cause of mis- ehief and as the loveliest, would have been the best victim. Such is the plea of equity. For you, I claim your gratitude: 66 HECUBA. give me a life for a life: you have power I know, but use it not unlawfully; go, urge the Greeks to change the decree; ye did not always kill women; your law is to care alike for slave and free—and your prestige would persuade them even against their interests’. ] | 251. Bovdedpaoww— because of these schemes’, causal dat. 252. émra0es—‘ didst experience’, 253. Stvy=dvvacac—there is no occasion to regard this as a subj.: indeed, though there are occasional instances of such use, yet more properly dy should be inserted to complete the constr. diva, which Pors. preferred, is condemned by Herm. as a Doric form, | 954. ‘All the sort of you who affect a speaker’s fame’. Eur. has clearly in mind some reference to a contemporary : he had an intense dislike of mere oratory apart from principle, as we see from Or, 907, drav yap 750s Tots Néyo.s, Ppovay KaKas | melOy To wAHOOS, TH WoAEL Kaxdv péya. Aristoph.’s savage attacks upon him in this respect are most unfair. 258. ‘But pray what policy did they find in this—that they determined upon a vote of death against this my daughter’, 260. +O xpiv—poet. form of ypjva. The suggestion xpecv is unnecessary. ode is used of all genders sing. and plur. 263. telve. dd6vov—‘ aims death’, metaphor from a bow. 264. elpyaora.—‘has done him no hurt’. This middle sense of perf. pass. is found more especially in words meaning doing or performing. This particular word is in Soph. always middle. Cf. jpyar, yéypaupat, maperkevacuat. 265. mpooddypata—there is not much additional point in the plur. and there is a variant rpdcgayud tr. We find an analogy in 616 cxnvapara. Soph. Antig. 568, vunpeta=viudyy, see 82 n. : 266. dderev...dye.—for change of tense see 21 n, 268. ovx pov réSe—-this is not our concern’. H. means that on the score of beauty as well as of just vengeance Helen was the more suitable victim. 269. éxmpererraty—‘ supereminent’, The MSS. vary be- tween this and edmpereordry. | NOTES. 67 _ '271, ‘On score of justice this is my contention and argu- ment’. The phrase=rvie rhy duAdNay Adyou duihtoua. She _wishes to contrast the plea of equity with her personal appeal to gratitude of Odys. 274, ypatas—Valckenaer’s correction for the unmetrical -yepaas, but see 64 n. 275. oov—partitive gen. after ray airay, ‘the same paris of thee’, i.e. hand and cheek. 280. 1 S&—‘for she’. 282. ovs kparobvras—plur. used to prevent too direct a reference to Odys. @ pi) xpedv ‘in unlawful things’. m7 is used because the whole class of things unlawful is included. Cf. Bacch. 515, rt yap un xpewv otro xpedv madetr.. Xpedy is indeclinable. Cf. Shakespeare, Measure for Measure, ‘it is excellent | to have a giant’s strength, but tyrannous | to use it like a giant’. 283. mpdfeav is properly referred back to rovs KpaT. as subject. 284. av wor ’—implying that it is sono more. Cf. fuimus Troes (Verg.), [perhaps etrvxoica may be supplied]. 285. Double acc. is used after verbs of depriving. Goodwin, ~ _ § 164. This may be explained as a combination of direct and ier indirect accusatives ‘robbed me as to’. 286. @ tr. yév.—here she takes him by the beard. 288. tapnydpyrov— counsel them to change’ (apd). The words introduced by #s (=nam) are the comment of H.., not the words which Odys. is to use in council. @@évos equi- valent to véyects, i.e. it excites the anger of the gods. 291. 8&—‘for’. Here Eur. refers. to heroic times the custom of his own age. Demosth. in Mid. p. 529 gives us the law of J8ps or outrage, and says that slaves and free were treated alike. 293—5. ‘Thy prestige, though it speak but ill, will per- ‘suade them: for the same speech has not the same weight when it comes from the insignificant as (when it comes) from those of repute’. Aéyy—is the MS. reading, and cannot be the same in sense as \éyys which is substituted for it.. There ‘is no doubt some violence to language in saying that ‘his prestige speaks’, but dflwpa is the personification of an ab- ts 68 HECUBA. straction. Cf. Hipp. 11, dyvot TlirOews madevuara. [kaxas— is sometimes interpreted ‘against their interest’, under the idea that Odys. as a notable speaker would not be disparaged by any accusation of indifferent pleading.] 295. trav Soxotvray—a recognised phrase = evdoxiuwrv, hence perhaps the use of the article: cf. Troades, 609, where ra doxovvra and ra undev dvra are contrasted. 296. oreppos—151 n. 297. Wrs= aore— as not to shed a tear’. So also the simple relative és. Hel. 501, av ip yap ovdels wde BdpBapos ppévas | ds bvopu’ dxovcas Tovpdr od Swoer Bopdy. Cf. Scott, tel: ‘Breathes there the man with soul so dead, Who never to himself hath said, This is my own, my native land !’ . [299—331. Odys. to Hec. ‘You personally I can save: but I cannot gainsay my promise to give your daughter to the bravest warrior we had. To do so would be bad in principle: for states would suffer if their champions were not duly honoured : no one would take the field if he thought his bravery would not command respect. I myself should like to have honour paid to my tomb, however little might suffice me in life. And do not imagine yourself alone in suffering; we, too, have aged widows. So endure: we will take the conse- x quences of our reverence of our warriors: you barbarians may do as you will, and reap the proper fruits of your conduct’.] 299. ‘Be advised and do not by reason of thy anger regard in thy mind thy good counsellor asa foe’, 88dé0xov—(mid.) usu. =‘ get some one taught’. to dvpovpévp—article and neut. participle equal a subst.; a constr, very common in Thucy-. dides. Svopevy is the predicate. 301. +d piv odv oapa— ‘thy person’. So Soph. Ant. 675, Tav & Speen | owver Ta TOAAA cHUAd’ y Teapxia. 302. KovK adAdws Aéyw—‘ and not idly do I speak’, 307. mpd8upos—‘ ready ’. 308. épytat—‘ wins for himself no more than his in- feriors’, Cf. Soph. Ant. 637, éuol yap ovdels aiiwoerar ydmos | petgov péper Gal cov Karas yyouuévov. 309. jpiv—‘at our hands’. Almost a dative of the agent. 811. ‘Is not this shame to us if we make use of a friend while he lives, but when he is dead no longer treat him NOTES. 69 in friendly wise?’ There is a double sense here of xpapar— (1) to make use of a person, as in Xen. Anab, 1. 4. 8, kal épe? ovdels ws éya, ws pmev av wapy Tis, xp@ua, érecdav dé amiévat BovrAnrat «.7.. (2)=uti amico, ‘to treat as a friend’. [Cobet, Obs. Criticae, suggests éypwue0’, bringing into more striking contrast the different times, past and present.] BAémovrtt is used as ol Bdérovres, ‘the living’. Cf. Ter. Eun. 73, vivus vidensque pereo. 312. tSAwAe—the MS. reading, softened down by some to dmweort. 315. didropvxrjcopev—‘ play the coward’. Observe that this line is spoken by Odys. as his own sentiment: if he had put it into the mouth of anyone else, the conjunctive would have been used. 317. Kal pojv—‘and look you’, 216 n. Ka’ qpép.—con- nect closely with the words which follow, ‘if with but small supply day by day’. kal ei states an imaginary or reluctantly admitted, ef xai an actual case. 319. ‘But my tomb I should like to see deemed worthy of honour’. épao0a:—mid. but probably in poetry =active. 320, 8a paxp.—‘ for long lasting is the reward’, The sen- timent is like that which Antigone expresses (Soph. Ant. 76), where she refuses to please the living rather than the dead, €xel yap det xeloouat. 323. 78&—Epic form common enough in Aesch, but other- wise of doubtful tragic usage. 324. vupdlov tyr.—Goodwin, § 174. 325. KevOe.—act. in sense whereas the perf. xéxevOa is often intrans. ‘is buried’, cf. gpecmw, jpurov, tornut, EornKa. 326 seq. ‘If our custom of honouring the dead is a mis- taken one we shall (willingly) incur the charge of folly, but ‘do ye barbarians neither regard your friends as friends, nor admire those who have bravely died, that so Hellas may prosper and ye may win reward to match your thoughts’ (i.e. may suffer because you refuse to honour the dead). [kaxas may be, but not so well, taken with riwarv.] 326. ToApa rad’—‘ endure this’. 327. ébd.—strictly, ‘to lose a lawsuit’. Cf. Soph. Ant. 470, oxeddv Te pwpg pwplav dpdioxdvw, and debeo in Hor. Od. A. 14, 15, tu nisi ventis | debes ludibrium, cave, 70 HECUBA. 830. as dv—‘that so’. It is difficult to see that any change is effected by introd. of dy which in Hom: and Hdt. is used with opt. as well as subj. Goodwin, § 216, 1. n. 2, [Herm. says=dummodo, ‘ provided that ’.] - [832—341. The Chor. laments slavery as an evil. Hee. appeals to her daughter to. attempt Odys. with all sweet notes of-woe: for he, too, has children, and will pity her fate.] 332. ‘Slavery, what an evil is it. ever, and it tolerates indignities under tyranny of force’. The reading adopted in the text is that given by Stobaeus (flor. about 500 a.p. quotes more than 500 passages of Eur.) and is simple and consistent. vod\udy and mepuxévac which are variants also go well together. vix@mevor is also read for kpatovpevov. , 334. otpol—by crasis from of éuol. 335. dpovdo.—supply elo, which is usually omitted in this connection. par. prp9.—‘ cast idly to the winds’, The tragedians prefer this fuller form to fupévres. 337, 8. ‘By uttering every note which comes from the nightingale’s throat’. mdcas=-avrolas. ietoa, (the . is com- mon), #ore=ws, see 179 n. [The common epithets of the nightingale, Alyea, Avy’gwvos, flebilis, querula, illustrate the appropriateness of the comparison. Polyx. had need of a © tongue like that of the much-wronged Philomela. ] 338. pa) orep.—in prose rov uy would be required: it shows very clearly the relation of cause and effect. 340. mpddaciw—‘a plea’, often though not necessarily a false plea. amet0e—‘try to persuade’. ‘he definite act of persuading would have been expressed by aor. For appeal made on the score of children, cf. Alk. 275 (Admetus to Alk. on point of death) u7 pos raltdwy obs 6ppavers. | [342—378. Polyxena sees Odysseus showing signs of shrinking from her appeal and assures him that she is willing to follow him to death. For slavery is abominable to her, a king’s daughter and once sought in marriage by princes, a rival ‘of the gods, save in being mortal, She shrinks from menial offices or degrading alliance with a slave. If she is to die, let her die free. She urges her mother to accept the position. ] 342. dpa owe Kptwrrovra=Sri Kpimres: verbs of perception -usually take a participial construction not an object clause. Goodwin, § 280. Se&tdv—the right hand and beard were seized NOTES. 71 by suppliants, who were watched over and avenged by Zeds ixéovos. 344, ‘yeverdSos—gen. of the object aimed at. Goodwin, § 171, 345. ixéovov Afa—‘thou hast escaped my suppliant Zeus’, i.e. his vengeance [or Polyxena regards Zeus as her colleague in entreaty, identifying him with her cause]. 346. os—‘be sure that’. ‘ye strongly emphasizes éYoua: ‘not only shall I not seek to avoid but will even court death’, 347. BovArjropai—the fut. with ef shows that she can still avail herself of the choice. 348. dirouvxos—‘ cowardly’, cf. 315. §S. John xii. 25, 6 giiav Thy pux}v adrod dmohéce airnv. 349. The tragedians often express a negative by an inter- rogative. ‘What call have I to live?’ is equivalent to, but livelier than, ‘I have no, &¢.’ ydp—referring to a suppressed thought. tiv—other verbs which contract into 7 not a are diWdw, FEWAW, TUAW, Xpaw, Xpdoua, and sometimes kvaw and Yaw. pev—answered by dé, 354, 350. mparov Blov—‘this is the glory of my life’. 352. ‘A bride for kings, with no mean rivalry for my nup- tials, to whose hearth and home I shall come’. ydpov=-epl vyauwv. Thuc. 1, 140, ro rav Meyapéwr Yydiopa, ‘the decree about the Megareans’. 353. addlEopat—for more usual optative, Polyxena reverting for a moment in thought to the time when the choice still lay open to her. Sapa éoriav re—almost a hendiadys, the hearth being with all Aryan nations the most sacred and central part of the daua. *‘Eorla—Vesta, was the only deity common to Greeks and Romans. 354, §’—‘for’. 1] Stcr.—‘articulus insignis’, as Bengel calls it. ”"T$a—the mountain which overhung Troy: cf. 631 note, 355. The caesura-in this line is not complete. dméBXer- ros—‘ conspicuous’; so Vergil G, 3. 17, victor Tyrio conspectus (=conspiciendus) in ostro. E. H. 6 [2 3 HECUBA, dd denotes that men look from others to her. péra with dative is mainly an epic usage. Gopaein, § 191. v1. 3. Kirchhoff boldly reads wap0évwr. - 856. wdyv—adverb. 6 eeidany——asu: of respect. 357. viv 8’—‘but as things are’, totvoya—‘the name (of slave) by its strangeness makes me in love with death’. 858. eiw@ds Sy—such a combination of two participles is rare: cf. Hom. Il. 19. 80, émiarépevoy rep édvra. Aristoph. Frogs 721, ovre yap rovrow ovow ob KexiBdnrevpévors. 359. dv...dv—the repetition of dy is emphatic. Soph. Ant. 69 (Antigone is indignantly refusing her sister’ 8 aid), ot’ ay Kerevoain’ or’ dv ef Oédots Ere | mpdaocew, éuod y’ dy Hdéws Spins oe av pévas—‘of savage heart’, acc. of specification, Goodw win, § 160, 360. Serrorév Sotis—a like combination of sing. and pl. occurs Med. 220, Bporay | doris orvyci. wvijretar—ef, aglfouat, 352 note. dpyvpov—gen. of price, Goodwin, § 178. 362. ‘Imposing upon me the harsh service of making bread at home and of sweeping the house and standing over the loom,’ harshly will he tse me’. kKepxfs—in the iords or upright loom is the ‘rod’ or in later times ‘comb’ by which the threads of the woof were driven home so as to make the web even and close. It is probably derived from xpéxw (an onomatopoetic word=‘to strike’) and was probably held in the hands. calpev—including all menial offices. [oéonpa aad tenses formed from it mean ‘to snarl’, ‘to sneer’. ] eperrdvar.—similar short forms of the perf. inf. used by Attic. writers are reOvdvat, BeBdvat, TeTrAGVaL, JedecTvdvat, Hpt- ordvat. Avwpds and Avmnpds are collateral but distinct forms: it must not be thought that one is a contracted form of the other. dvaryKdore.—following so soon after dvaykny is to us ill-sounding, but cf. e.g. 223, émusrarys, éréorar 366. tupdvvev yf.—‘ deemed worthy of princes’. [The Greek TUparvos (Doric form of kolpavos, a ruler) might or might not be ‘a tyrant’, being a despot who had gained his power by force or fraud, whether he exercised it ill or well. The early tyrants did as a rule govern well, but the words of the Corinth- ians at Sparta (B.c. 509), when dissuading the Spartans from NOTES, - 73. replacing Hippias in Athens by force, show the hateful ex- cesses into which they might fall, Hdt. 5. 92.] 367. ov Sira—‘no indeed’, djra strongly emphasizing the word after which it stands; cf. rl dijra; ras d7ra; how pray? cf. notes on 247, 623. déyyos—a Greek loved the light, and all dying addresses (e.g. those of Ajax, and Alkestis, and Dido, Vergil Aeneid 4 copied from the Ajax) bid a loving farewell to the sun and his light. éed8epov—freedom was a passion with the Greek. We should have expected é\ev@épa and some editors read é\evdépwy ; but it is one of the many instances of transferred epithets. : 369. dy’ odv p’—Porson’s correction after an old com- mentator for dyou pm’. &ywv—the present participle is rather loosely used, 370. édmls is distinguished from 8d as being better grounded. Plato contrasts 664 mere ‘opinion’ or ‘seeming’ with émicrnun, ‘certain knowledge’. tov=vivos is contracted from the Ionian form reo found in Homer, and is only found in Attic. It is similarly placed Aesch. Prom. 21, Ww’ otre puviv. otre Tov popdiy Bporey | dpe. 372. prep, od 8’—in suddenly addressing a new person first comes the vocative, then the pronoun, then the particle. 1287, ‘ExdBy od 5’ @ k.T.2X. 373. d€yovra pyre Spa@ca—‘ neither by word nor act’, supply unre before Aéyouca. [Some MSS. and editors read pndé, but r. unde SpSoa=‘saying but not doing’.] ovpBovdov, ‘join in wishing for my death’. Beware of confusing BovAouac and its compounds with Bovdcdw.. : , 874. Oavety—substantive, object of cvp~Bovdov. 375. Stobaeus quoting this passage reads wévwv, 878 év KaKois, 380 mAciorov. 377. pdddov evtvxéorepos—double comparatives are occa- sionally met with. Eur. Hippolytus 485, waddov ddylwv, Soph. Antig. 1210, uadAXov docov, Shakespeare, Tempest, 1. 2, ‘more better’. . 378. Nauck suspects this verse, perhaps with reason. On the one hand it is just such a verse as copyists would insert, on the other hand Euripides often ends with such saws, py) KaAds—‘if with dishonour’, mu) adding a hypothetic touch, © 6—2 74 HECUBA. 379. ‘Marvellous and notable among men is the stamp of noble birth and rises to higher repute of nobility’, -Xapaxrijp—a metaphor from the stamping of money. Mil- ton (with whom Euripides was a great favourite) may have: borrowed hence, ‘ Reason’s mintage | charactered in the face’. éoS\ov—gen. of origin, Soph. Ant. 38, et’ ed-yevns wépuxas etr’ écO\av xaxyn. Euripides had a high opinion of the value of good birth, but it must be accompanied by nobility of nature. Kat petLov tpxerat—Soph. Phil. 258, 7 8 éux vocos | det réOnre Kdml wetfor pxerar. Svopa, acc., the nom. would require rotvoua in strict Greek. [382. Hecuba. Let me be substituted for Polyxena; I am the mother of that Paris who slew Achilles. Odysseus. Nay it is Polyxena whom Achilles demands. Hecuba, Let us die together: nothing shall avail to separate us, I will cling to her as ivy to the oak.] 382. elras—the quick Greek uses the aorist in order to ‘revert to the precise moment, so dwémrruca I loathe, érjveca I praise, édetaunv I accept. 383. ‘But to that good is added pain’. ds + IInkéws—a spondaic caesura is allowable in the fifth foot when the first part of it is a monosyllable capable of beginning a sentence, or the second part a monosyllable incapable of be- ginning one. 884. yéyov—‘the blame’ of not honouring the brave. 386. dyovres—cf. dywv, 369 note. tpas—‘me only’, Cf. 237 note. 391. ddA\d—‘at any rate’, This use of dd\\a is due to an ellipse, duels de, ef uo wdvynv pe Bovdecbe Horetoat, a\rAa Ovyarpl gTupPovevoare. ; 392. Eur. Troades 381, ovd¢ pis radpous | é08’ doris adrots alua yH dwpnoerat. The earth is endowed with life and sense. mopa—the correction of Porson for réua of MSS., this not being an Attic form. 394. els, the reading of the best MS., is better than o7s of most editors. ‘We must not add one death to another, would that the obligation even of this death were spared us’. pmde (not ov5é) is used because wPelhouey expresses an unattainable wish. The aorist is more usual than the imperfect, and often in the form ei@’ wPedov. Supply mporpépew from mpocowréos. _ . NOTES. 75 396. ‘ye (condemned by Hermann) is forcible, 397. ‘How? for I am not aware that I have masters’. Kextypévos—this participle (nom. because it refers to the sub- ject of the clause) is the regular construction after ola and éricrapat. Of. 244 note, Seomdras—for the strong sense of this word cf. Hippol. 88, where the attendant calls Hippolytus Gvaé, adding cols yap Seamoras xadeiv xpewy, ‘for the gods alone may I style lords’, 398. If one could go so far as to declare the verse corrupted by the intrusion of a gloss rnode, the line might be re-written thus :—omws; dota xisods E~ouar Spvds. ‘Dost ask how? like - ivy to an oak will I cling.’ The rycde would be manifestly understood from @vyarpi in 396. [This is Dr Kennedy’s view. Other ways of taking the passage are (1) ‘Know that I will _cling to her as ivy to an oak’, supplying before é%rws some such word as ic#. (2) A double comparison may be intended, ‘I, like ivy, will cling to her as to an oak’.] Spvds—cf. 64 note. 399. otkx—‘No! Thus emphaticaily used accented. qv ye—‘that is, if’. [Aldus reads ot uv ye, but od uy is never immediately followed by ye.] 400. o#s—‘know that’=ic6i as. Soph. Aj. 39, ws éoru av5pos Tolde Tadpya Tradra co, ‘know that in him thou hast the doer of these deeds’, The phrase is a formula ‘fortiter aftir- mantis’ (Elmsley). 401. ov piv—formula of emphatic denial. avrod—gen, of place. [402—443. Polyx. ‘Mother resist not, it is unseemly’, ‘Polyxena exchanges a tearful farewell with her mother and is led off with veiled head by Odysseus. ] 402. Aaepriov—the name of Laertius (father of Odysseus and king of Ithaca) is variously spelt by the tragedians Aaép- Twos, Adprios, Aaéprns. 403. ydAa—‘give way to’. roKxedow.w—vague plural allud- ing to Hecuba, as 404 kparovor to Odysseus. This plural is often used instead of a definite name which it might be in- convenient to give. -_ 406, ampos Blayv— with violence’, so rpds 7jdovjy, ‘willingly’; Tpos xdpw, ‘pleasingly’; mpos tdxos, ‘quickly’. 407. é&«k—‘by’. 408. meloa—tfuture from macyw. The form reicg is not 16 HECUBA. rightly read in Euripides. py od y’—a formula of fond en- treaty. Supply from the context some such words as otrw ‘qolnoov. 410. mpooParetv—object of dbs. 411. Soph. Aj. 857, cat rov Sippevryny nrLov wrpocervér, | maviotarov 57 KovToT’ avOs torepov (Ajax’s dying speech). 413. 81 strengthens réd\os (as waviorarov in the passage from the Ajax). Cf. Eur. Herakl. 573, mpoceurovo’ vorarov mpicpbeyua 57. 414. drepi—often used as an euphemism for dying: so olxomat. 415, pets—‘I’, as in 386. 416. wv—supply tuevatwy from dvupévatos. 418. éxet—a constant euphemism for év “Acdov (sc. déuos), which here occurs by its side. Keloowaw—especially of lying among the dead. There is some confusion between the body lying in the dead and the spirit in Hades. 419. mot reXevtyow—‘to what end shall I bring my life?’ This construction is called pregnant=‘whither shall I (carry and) end my life?’ Cf. Troad. 1029, tw’ eid7js of reXeurnow Adyor. 420. marpds obca—gen. of origin, which is taken by elut, ylyvopat, and réguxa. Cf. 380 note, 421. According to Homer these 50 children were those of Priam, 19 (or 38) of them by Hecuba. Verg. Aen. 2. 503, quin- - quaginta illi thalami spes tanta nepotum. dppopor t.—‘ bereft of’, gen. of separation, [The old reading was nue?s dé revtnKovr’ dywotpot Oh Téxvwy, @ Verse which Eur. cannot have written, Cf. 383 n. | 422. cow.—ethic dative. Hektor—his eldest son. edarw— deliberative conjunctive. Goodwin, § 256. 425. d@Afa—This is Markland’s suggestion for d@Xlas. Two epithets for r’xns would be very awkward, and the whole sentence would be jerky and uncomfortable. 426. For position of re cf. 80 n. 427. xalpovo.w—‘others fare well, but this is not thy mother’s lot’. Polyxena had said ‘farewell’, and Hecuba plays upon the words.. The same pun is found in Sophokles, Eu- ripides, Plautus, &c. %rrww—emphatic, and so accented, . réSe— sc. 7d xalpew. The variant xapa is clearly an explanatory gloss. NOTES, — 1 _ 480... Oavotorns...cdv—day. agrees with cov supplied from aov. Cf. Ov. Her..5. 45, et flesti et nostros vidisti flentis ocellos. Sppa cvykAyev—‘to shut the eyes’, i.e. attend to her at her Shakts Verg. Aen. 9. 487, nec te tua funera mater |. pro- duxi, pressive oculos, aut volnera lavi. [The form -«Ayjew is more Attic than -xAelev of old editions. | 432. dycubels kdpa aémhots virtually form one word, hence follows the accusative pe: 433. éxrérynxa—Contrast this intransitive usage of the 2nd (or strong) perfect with the transitive meaning of éxrjxw 434. -So éaya=‘I am broken’, from dyvumc,-*I break’; dAwda ‘I am destroyed’, from é\Aupe, "ey destroy’. KapBlay—ace, of respect or specification. Goodwin, § 160. 1. 435. ‘O light! for I may yet invoke thy name, but have no share of thee save for so long as I pass hence to the sword: and pyre of Achilles’. [dvopa—a plausible suggestion dupa has been made, but dvoua is more appropriate, implying that although Polyxena could invoke the name, she: could not enjoy es reality.] 438, mpohelra—‘TI faint’. Cr, Alk. 401, ri Spés; anita: : Aterar—‘are failing me’. Herakl. 602, & matdes, oixydmerda, Averae wéAn | AUTy. In Attic, ress adiiov; iow, éioa: but AEAUKA. 441443. These verses are spurious. For they cannot be spoken by Hecuba, who has fainted; they are more than awk- ward as beginning a stasimon; they are in themselves feeble. és—‘in this plight’, i.e. a slave, [ws would=wtinam.] Avocképo.—Castor and Pollux were born at a birth with Helen. The form 6édcKxovpo.. (whence Latin Dioscuri) is not Attic. “Edévqv—There is a play on this word and ete 443 (which -=xabetre); cf. alivorapw 945. [444 483. First Stasimon, oraciov (uédos), or ole by the entire chorus after taking up their position at the thymele. The term itself appears to involve two notions—that of the chorus in position at the thymele—and that of an ode unbroken by dialogue or anapaests. Cho. ‘Ocean breeze, to whose house wilt thou waft me a slave? To Doris, or Phthia, or Tes © ox Athens? My city smoulders in ruins, I am a slave’.] 78 HECUBA. 444, ovrids—adjectives in -ds are usually (but not of neces- sity) joined with fem. words. Phoen. 1025, orrdox mrepois: 445. <p tebaate atl ®ods—fixed Epic epithets. 446. dxdrovs—an exclusively poetical word, the usual prose equivalent being vais, and dxdrioy is a mere skiff, 447, tropetw—‘I make to go’, ropevopar—‘I go’. 448. to;=7lv.; nrnPetoa—rarely used passive as here. 450. Awpls ata—the Peloponnese. 451, Phthia—in Thessaly. 453. wvSarwv watépa—So Eur. Med. 573 praises the Hali- akmon. 454. Apidanus—a tributary of the Peneus, and one of the few rivers, says Herodotus 7. 196, which Xerxes did not drink dry. yvas—restored by Hermann for the gloss réé:a. 455. vdowv—connected with moi, 447. 456. weptropévay—governed by ropetces, 447. 458. The palm is said to have been first born at Delos, because it gained its eminence among trees from its connection with Apollo who was there born. 8tos is often used of things glorious [from same root as dies, divus, &c.], but the epithet here alludes probably to the fact that Latona’s travail brought forth gods, viz. Apollo and Artemis [or that they were the children of Zeus]. Delos was in Olympiad 88. 3 (B.c. 426, cf. Thue. 3. 104) solemnly purified by the Athenians. Plutarch tells us that Nikias, the Athenian general, took pains to make this celebration a success by providing splendid chorus and uniting Delos to the islet of Rheneia. [This is one’of the con- temporary allusions which help to fix the date of the play.] 465. dpmv§—‘a head-band’, so called because it duméxe (surrounds) the hair, 466. IIaAAddos wéAus—Athens. 467. eds valovo’—Nauck’s emendation for the unmetrical *APavaias. KadAt8lhpov—Athene is represented in her chariot fighting against the Titans. Compounds of xad- are formed from the subst. xéAdos, not the adj. adds. [Porson reads xad\didpor’, but the elision is impossible. ] - 468. amémrAos—the sacred vestment of Athene on which was depicted the goddess doing battle with the giants. It was carried NOTES. 79 in solemn procession at the greater Panathenaea once every Olympiad. ; 470. Sat8adeato1—used by Homer of stone or metal work- ing, but here referring clearly to embroidery. ‘ Shall I yoke?’ of course means ‘shall I represent by embroidery the yoking of the steeds ?’ 471. av@ékpoxos—perhaps merely variegated (év0os) and saffron-coloured (xpéxos). mivy—‘thread’, pl. ‘the web’, Latin tela. rom the same root comes the Latin pannus, a patch, 472. Titans—the sons of Ouranos and Gaia, who rebelled against Zeus after he had conquered them and Kronos their king. Later poets add largely to their numbers, Aeschylus including Prometheus, while in the Latin poets Titan=the sun- god. — _ 473. tdv=7v. dpdburipa—used by Sophokles of Artemis holding torches in both hands. 475. rexéov—Goodwin, § 173. 3. 478. Soplkrnros “Apyetwv—a possessive genitive. 480. KékAnpoat—more forcible than eful, which it, often means. A Greek hated the name as much as the reality of slavery. Cf. 552. 482. See the translation of the entire ode. The old trans- lation was ‘having left Asia the handmaid of Europe, having by exchange become the bride of Hades’ (which of course was absurd, as they had not to die): or ‘having changed death’s chambers (for slavery)’, which is harsh. But the fatal objection brought forward by Hartung is that Eur. often uses 0éparva in the sense of ‘a habitation’, never in that of ‘a handmaid’, which would be Oeparrava. ** Breeze, ocean breeze, that carriest swift sea-bound barques o’er the swelling flood, whither wilt thou waft me the forlorn one? ‘To whose house gotten for a slave shall I come? Shall it be to a harbour in the land of Doris, or of Phthia, where they say that Apidanus, father of fairest waters, fattens the furrows? Or to what isle wilt thou bring me, hapless one, sped by the sea-sweeping oar, spending a piteous life in the house,—to that ‘one where the palm there first created and the bay tree raised their sacred shoots for dear Leto, to grace her divine travail? And shall I praise with Delian maidens the golden fillet and bow of Artemis? Or shall I, dwelling in the city of Pallas of the fair chariot, yoke young steeds on her saffron robe, em- 80 HECUBA. broidering them on the rich wrought. flower-decked web, or [embroidering] the race of the Titans which Zeus, Kronos’ son, with flashing flame hushes to rest? Woe is me for my children, for my fathers, for my country, which, smoke-defiled, lies in ruin won by the Argives’ spear. And I in a strange land am called a slave, having left Asia and taken in exchange an abode in Europe (which is to me) the bridal-chamber of Hades.” [484—517. Enter Talthybius, Is there a god in heaven, or does chance rule all? Yonder lies one erewhile a queen, now a wretched slave. Lady, arise. Hecuba.. Who art thou? T. Iam Talthybius, sent by Agamemnon for thee. H. What? Am I too to die? Blessed news! J. Nay, thou art to bury thy daughter. H, Tell me how ye did the cruel deed.] | 484, 8 aote (to be written separately)—‘lately’, But Pflugk prefers to give 64 the sense which it has with superla- tives. 485. éevpount av—a modified future, a tense avoided by the Greeks where possible, an example of their softening down. 486. var’ txovoa—Hecuba is lying huddled up. The po- sition has been objected to as undignified, but it is for this very reason that Euripides introduces it to heighten the pity of the audience. | naliz 488. ‘Zeus, what am I to say? that thou regardest men or that they have idly and to no purpose this false opinion, thinking that there is a race of gods, whereas chance watches over all things among mortals’, The change of subject is harsh, that of épay being oé, that of xexrjaGar being dvOpwrous. dAAws p. y.—This piling up of the agony is quite in the tragic vein, and v. 490, condemned by several editors, appears quite genuine. Soxovvras—epexegetic of ride ddtay. Huripides was a pupil of the great philosopher Anaxagoras and averse to popular mythology, but Aristophanes’ strictures on him are unjust. 492. %8«—pointing at her. 494, mao’ avéornxev—‘is utterly destroyed’. The position of xaca shows that it closely qualifies avéornxev. [Remember that the present, imperfect, future and Ist aorist of ternm and its compounds are transitive, the rest intransitive. ] 495, adry—‘and she’, the correction of Elmsley for avry. NOTES. 81 _ 496. xetrat—‘is grovelling’, the word used of Achilles in his rage and grief after the taking away of Briseis (Il. 2. 688), of Ajax when he recovered his senses and realised his shame (Soph. 4j. 206). xdve. pip.—lit. ‘caking with dust her head’, always a sign of mourning, Cf. Catullus 64. 224, canitiem terra atque infuso pulvere foedans. 497. Talthybius means ‘I have but little life left to enjoy, (this little being on that account the more precious,) but I would surrender that’, &. 498. mepimrimrw—usually of ‘coming across’ a disaster. 500. ardA-devxov—a favourite compound with Euripides, e.g. 196, 212, 411, 528, 657, 667. : 501. tls otros otk égs—Hecuba, looking up for the first time, ‘Who art thou that sufferest me not, &c.?’ For construc- tion cf. Hom. Il. 10, 82, ris & otros Kard vnas dvd orparov Epxeat olos; THEA TOULOV—A periphrasis for éué. | 502. He ought to have respected her grief. 503. AavaiSav—Peoples are often designated by patro- nymics, so Dardanidae, Aeneadae, 504. méprpavros—supply éué. péra—i.e. peraméuparos. This cutting iets asunder is called tmesis. 506. Soxovv—‘because it is decided’, acc. abs. Cf. 121 n. We should have expected the aorist ddéav: cf. dywv, 369 note. - 507. éykovéw—said to be connected with xoms=‘raise dust by bustling’. yo por—cf. 383 note. 509. petacrelxwv—‘ seeking for thee’, not ‘to seek for thee’, which would be future. For the force of mera in com- position cf, 213 note. : 510. *ArpeiSat—the two sons of Atreus, Agamemnon king of Mykenae, and Menelaiis king of Sparta. A. “Ayavixkds—a democratic anachronism. In those early times the people would have little voice in the matter, 511. rl Aéeus;—‘ what art thou about to say?’ Hecuba fears still worse remains to hear, it is incorrect therefore to say that it=ri \éyes; dpa— ‘it would seem’, the lightest of the inferential par- ticles. ds Savoupévovs—‘ for death’. «ds with the future par- ticiple gives the avowed cause whether really meant or not, ~ 82 HECUBA. 514. +d érl oe—‘with regard to thee’ (Polyxena).- Many editors have considered that o =col, which however never suffers elision, and would give a wrong sense, ‘as far as depends upon thee’. jpets—cf. 386 note. Notice how she becomes singular and feminine at the same time. “Je 515. mas nal;—‘how in fact?’ (1) tis (mot, ob, rotos, -mws) kal asks for real information, the cal adding vigour=rls 5y. Cf. 1064. (2) Kal rls (aot, rob, rotos, r&s) is a formula of contradiction, the question being a sneering one. ww=avriy. uy, a corresponding dialectical form, is not found in tragedy. ‘How in fact did ye despatch her? with reverence, or came ye to the dread deed butchering her as a foe ?” [518—582. Talthybius. All the Greek host were in at- tendance. Neoptolemus set the maid on the tomb, poured a Jibation, and prayed for a safe return. The maiden at her prayer was unhanded that she a princess might die free: then tearing open her dress she bade Neoptolemus strike where he would. The blow fell; and scarce had she fallen when all vied to do her honour in collecting wood for the pyre or leaves to.cover her withal, each urging his neighbour to activity in the work.] 518. ‘Lady, thou wouldst have me take a double meed of tears in pity for thy daughter: for now in relating the evil tale shall I moisten this eye even as at the tomb when she was dying’. After pds rdw re supply éreyéa. @AAVTO—nOote the tense. . 521, ras...A1jpys—emphatic repetition, cf. 489 note. - 622. él edhayds—‘for the. slaying of the maiden’, émi (with acc.) denoting the direction of their attention. | 623. xepds—‘ by the hand’. Goodwin, § 171. 524. totnoe—‘set her’. én’ dxp. xop.—This was neces- sary: cf. Helen’s directions to Elektra, Or. 116, Kal orao’ ém’ dxpov xwdmaros \éEov rade. méAas 8 éyd—sce. Zorny. 525. ‘And picked young men chosen from the Achaeans attended in order to restrain with their hands thy maiden’s struggling’. Xexrol and ékxptrot together are awkward. pdo- xov—cf, 144, - 528. alpen—‘raises on high’. [This is the reading of the best.MS. and one other. All the rest read éppe:, but apart NOTES. 83 from the fact that the time for pouring the libation has not yet come, peiv xoaus, ‘to pour libations’, is not Greek. A river might well enough be said peiy yada, ‘to flow with milk’, but to say that a man ‘ flows libations’ is quite another thing.] 529. onpatver— signifies’, by a sign, in order to avoid ill-omened words which might mar the whole sacrifice: cf. e’onua puvely =silere. 581. mapacras—‘ having stood forth’, Aristoph. Knights, 508, mpds TO O€arpov mapaBjva. otya—ady. otfya—imper. of ovyaw. . 533. vijvenov—' And I hushed the crowd into quiet’, pro- leptic. The derivation is v7, dveuos, cf. vwvuwos=v7, dvoua. 534. matrip—nominative for vocative as usual in oxytone words. . | Recs , 587. dxparpvis—‘ virgin’, lit. ‘undefiled’, in sense quali- fying xépys. Cf. Iph. Aul. 1574, dxpavrov aiwa xadd\urapGévov dépns. | 538. ‘ Show thyself kindly to us’. 539. XAvrat—object of 54s. Note the change of construc-: tion, after dds juzy comes an accusative and infinitive clause. XaALtvwrrpta—se. ova, metaphor from horses, would in ‘prose be mpuuvyjcia. As soon as a breeze sprang up these ropes from stern to shore. would be cut. mptpvas x. xad.— a kind of hendiadys. 541. véorov—from which Achilles’ anger had debarred them, 113. 542, éa-nvgaro—‘ prayed after him’, so é-gdev. 543. ‘Then by its handle he seized a knife gilt all over and was in act to draw it forth from its sheath’. komryns— §23 n. 546. éppdoby-—‘she noted it’, passive in form, but =éppdoaro. - ; 547. ‘You have destroyed my city, at least let me die ree’. 552. Kexdyo0ar aloxdvopar.—The infinitive is used when a feeling of shame prevents a person from acting, the parti- ciple when that which a person does causes him shame. So alaxivoua: Adve, ‘I am ashamed to speak and so do not’; alcxvvouat Aéywr, ‘I speak but am ashamed of it’. — 84 HECUBA. . 553. émeppd6yoav—a metaphor from the grating of the shingle on the beach when the sea is strong. [555, 6. of 8° ds...7jv kpdros—probably an interpolation based upon the Homeric dou xparos éort wéyorov, being tame, and odrep misplaced.] - 558. ‘She seized her robes and rent them from the top of the shoulder to the middle of the waist by the navel’, 560. Every man in the audience could recall some ex- quisite statue. The comparison was frequent. Plato Charmid. 154 ©, dd\A\d wdvres Womep dryadua éGedvTo avrov. Aesch. Ag. 242, wrpérovea ws év ypapais. : 562. tAnpovéorarov—‘ bravest’. According to their con- text, words from root TAA susie an active or passive meaning. 564, maicov—‘strike now’. More emphatic than mate would have been. . 664. avxyiv—‘ neck’. 565. Aatpds— throat’, ‘ gullet’. 566. Cf. Shakespeare, Measure for Measure, Act 2, ‘Se. i, “at war ’twixt will and will not’. 567. ‘Cuts with his steel the channels of her breath’, i, e. her windpipe. Southey’s ‘the tube which draws the breath of. life ’, 568. xKpovvol—se. aluaros. Kal Ov. dnws—a strong expres- sion; such thoughts would not be expected in death. ~ §69. evoyxtpws—arat rey. formed from evcyyuos. Cf. Ovid, Fasti 2. 833, tum quoque iam moriens ne non procumbat honeste | respicit: haec etiam cura cadentis erat. 570. Cobet objects to the line as marring the grace of the passage. It is however copied by Ovid, M. 13. 479, twm quoque cura fuit partes velare tegendas, | cum caderet, castique decus servare pudoris. Kpvmrrey takes two accusatives, Goodwin, § 164. 571. ddiyxe mv.—‘had given up the ghost’, the Greek idiom takes the aorist where we prefer the pluperfect. 574, dvdAors &B.—‘covered with leaves’. gvddoPoNa, decking with leaves, whether in life for having won in the games, or after death in token of love or respect. of 8 wA.— ‘while others heap up the funeral pile, eee 70% logs’ = Kopy.ds—short, thick log [xelpw, ‘lop ’]. NOTES. | 85 576. roladS’ yKovey kaxd—‘was addressed with such re- proaches as these’, Cf. Alk. 704, ef & tas xaxds | pels, dxovcet moka Ko WevdR Kaxd.: Hor. Sat. 2. 6. 20, matutine pater, sew Lane libentior audis. _ 578. Thue. 3. 58 (speech of the Plataeans). ‘ Look at the sepulchres of your fathers, whom slain by Medes and buried in our land, we were wont yearly to honour at the public expense with garments and all other due rites’. Verg. den. 6. 221,. purpureasque super vestes, velamina nota, | coniciunt. 579. e—from clu, ibo, meptood—neut. pl. used adver- - pially. 580. Aéyw is Heath’s correction of the MS. readings \éyov or Aéywv, from which no satisfactory meaning can be got. [583—628. Cho. There is a doom of the gods against the house of Priam, Hecuba. Daughter, thy nobleness softens my sorrow at thy fate. Is virtue inborn or can it be taught? Bid the Greeks not touch my daughter’s corpse. Aged hand-. maid, go to the sea to fetch some lustral water, I will go to the tents to see if there be atight to hottour the dead withal.] 583, éméleoe—‘ hath surged up against’, English has to change both tense and metaphor, as we do not speak of evil boiling over against us. IIpwaplSars—‘the house of Priam’: patronymics are often loosely used.. 584, dyayxatov Seav—‘a doom of the gods’. Cf. Soph. Aj, 485, ris dvayxaias TUxys, ‘the fate-doomed lot.’ Jl. 16, 836, juap avaryKkatoy, ‘ the day of doom’. 586. dpopor.—' touch upon’. 587. mapaxadkei—‘ calls me aside’, a frequent meaning of mapa in composition, 3 588. SiddSoxos x. x.—‘ adding new in succession to former evils’. Suppl. 71, ayav 68 dddos Epxerar ybwv yoors | Siddoyos. 589. ‘And now I could not wipe out thy fate from my heart so far as not to lament it’. The order is rather in- verted. 3 591. +rdAlavy—‘excess’, i.e. of grief. It is worthy of note how the Greeks utilised their neuter; here supply orévew from the context. * ae: 592. ‘Is it not then strange that poor soil if it meet with a good season at the hand of the gods brings forth corn’ 86 HECUBA. abundantly, and fruitful soil, should it miss what it ought to have met with, gives a poor crop; while in men at all times the corrupt is nothing but bad, and the noble noble, nor through mishap does he spoil his nature, but is ever excellent?’ 595. dvOpdrois— ‘as regards men’, usually év dvOpwras. [Some editors read év Bporots by conjecture. ] 598. S.épOape—Gnomic aorist used to express a habit. Cf. Eur. Suppl. 227, 6 Qcds—éiwdecev, ‘is wont to destroy’. Hor. Od. 1. 34, Fortuna sustulit. Goodwin, § 205. [Here as elsewhere, Eur. sins against good taste in putting a rhetorical harangue on the subject ef d:daxrdv 7 dpery (a question discussed in the Meno of Plato, the decision being that it could if there were competent teachers) into the mouth of a mother mourn- ing over the loss of her daughter, ] 599. ‘Is it the parents who make the difference or the bringing up?’ The article before rexdvres does duty also for tpopat. [Or ‘have the parents more weight than’ &c. The construction diadépw 7 is found.] 600. ‘Yet even to have been well brought up involves teaching of good’. ‘ye wévrou often come together in Sophokles and Euripides, yé rol 7: (of some editions) never. 602. Kavdve tod kakov—‘a standard of right’. pabdy— ‘having learnt it’. [Porson suggests werpwyr, ‘estimating it’, which appears unnecessary. | 603. i.e. ‘these things will bring me no surcease of sorrow’. 604. ov 8’—spoken to Talthybius; ‘take to the A. this message, that they’. 605. por—Ethic dative, G. § 184. 3, note 2. epyav— ‘shut out’, efpyew, ‘shut in’, acc, to Kustathius [fl. a.p. 1150] followed by Lobeck, &c. Others, however, e.g. Bekker, always read elpyew in Attic. 606. tis mat8ds—gen. of separation after elpyew. G. § 174, vot—the usual particle in gnomes and so preferable to yap, which has also less MS. authority. pwpte—‘ countless’, akin to Lat. multus. 607. ‘The lawlessness of the sailors blazes fiercer than fire’. Euripides gives a side-blow at democracy which was intimately connected with the sea. Aristotle talks of the vav- rixds dxdos as the scum of the population, Pol. 7.5. xpeloowy NOTES. 87 —cf. Soph. Oed. Tyr. 176, xpetocov éuamaxérov rupds, ‘more quick than furious fire’. _ 608, py—not ov, because it supplies a reason, qui non faciat. 610. ovrias ddos—‘some salt sea water’, partitive gen. 611. After death an obol (about three-halfpence) was put in the mouth as ferry money for Charon; then the body was washed, anointed and dressed in a fine robe by the female attendants. 612. Polyxena was betrothed to Achilles and so not a zrap- Oévos: but not a bride, and so dyuugos. There is probably ‘a side reference of betrothal to Hades. [This placing side by side of opposite words is called oxymoron: cf. Tennyson, ‘His honour rooted in dishonour stood, and faith unfaithful kept him falsely true’. ] 613. mpo8dpat—‘lay out’. When decorated (611 n.) the corpse was laid out on a bed, often out of doors, the object of this formal mpééecis being to make sure that there had been no foul play and that death had really taken place. After the body had lain there for a day (i.e. 48 hours after death) burial took place. ‘According to her deserts how can I? I cannot; but (so will Idoit) as Iam able’. She will consult not her wishes but her means. 614. tl yap wé8o;—‘ what must I content myself with?’ differs from ri yap dpa in containing an idea of circumstances out of her control. - 615. Kdocpov—‘ decorations’, 616. térw—‘ within’, a sense usually borne by évrtds. 617. +. vewrtl Seomrdras—‘ our lately acquired masters’. For -7: cf. weyadworl, dvouacri. Goodwin, § 129, 18. 618. K«Aéypa—a curious word for Hecuba to use, even though all they had belonged to their masters. Nauck suggests AeZuua, ‘remnant’, or xrjua, ‘ possession’. 619. & oxrypar’ otkav—‘O stately halls’, The same ‘periphrasis occurs Alk. 911. 620. ‘O Priam, possessor of many and most excellent things, most blessed in thy children’. [Kirchhoff reads with _ the best MS. 6 mi, éxwv x. Kedrexvwirare. Porson, 6 tr. exw, E, H. 7 — 88 HECUBA. KdddusTé 7 etrexverare, joining the two superlatives, with which cf. péyicrov éxbiorn Med. 1323, maxime liberalissima Cicero, most highest Ps. xxi. 7 (P. Bk.).] 622. ds—‘how’. es 7d pnSiv—‘to nought’, also without the article. Soph. El. 1000, kai undév epxerau. 623. ‘Robbed of our former pride; and forsooth are puffed up’, &. eira Sntra—strongly sarcastic. oykovpefa—Aristoph. Wasps 1024, dyxacoat 75 ppovnua. 626. ‘Yet they (wealth and honour) are but nothing, merely’. 628. ‘That man is happiest who day by day chances upon no ill’. HEnnius, quoted by Cic. de Fin. 2. 18, nimium bonist | cut nil malist. Plato, Philebus 48 p, ‘Is then the absence of pain the same as pleasure?’ kat’ ypap—also cad’ quépar. : [629—656. Second Stasimon (cf. 444 note). ‘O the fatal pine with which Paris made him a ship in which to sail to Helen’s bed. Then began woe for Ilion, ay and for many a Spartan maid who mourning tears her cheek’. With this cho- rus may be compared Horace, Odes 1. 15.] 629. xpyv=éxp7v: noticeable as one of the very few words which in Attic can drop their augment. 631. Ida-—a range in Mysia, S.E. of Troy, from which in Homer the gods watched the Trojan war. ‘Many fountained Ida’ was famed for the ‘ dark tall pines that plumed the craggy ledge | high over the blue gorge’ (Tennyson, Oenone). So Ay- toun, ‘On the holy mount of Ida | where the pine and cypress grow’. 632. - "AdéfavSpos—i.e. Paris; his usual name in Homer. The accounts of him are widely inconsistent. On the one hand he is the valiant ‘protector of men’ (’AAéé-avdpos), a kind of Romulus among the shepherds; on the other (e.g. in Horace, Od. 1. 15) the effeminate adulterer. 633. érdped’ =érduero from réuvy. én’ ofSpa-——the acc. implies going on to and sailing on the swelling fiood. 635. ‘EAévn—wife of Menelaus, king of Sparta. Cf. Ten- nyson’s Dream.of Fair Women, ‘At length I saw a lady within éall, | stiller than chiselled marble, standing there; | a daughter _ NOTES. 89 of the gods divinely tall, | and most divinely fair. | Her love- liness with shame and with surprise | froze my swift speech: . she turning on my face | the star-like sorrows of immortal eyes, | spoke slowly in her place. | I had great beauty; ask thou not my name: | no one can be more wise than destiny: | ‘many drew swords. I died. Where’er I came|I brought calamity’, 636. tav= 7. 639. avdayxa.—‘dooms’ of the gods, especially slavery, Ci. dvayKatov Year, 584 note, . 640. Kowvdy...i8fas—one man’s sin, many men’s suffering. The antithesis is rhetorical and occurs again 902, 8. xowdy in grammar qualifies xaxdv, in sense also cupdopd. 641. LXpoas—contracted Zipods, rises in Gargarus, a pea of Ida, and tlows N.W, into the Hellespont (Dardanelles), 643. dAAwy—‘strangers’, those who were other than Trojans. [Or=‘ from the gods’.] 644. Hris, not being invited to the wedding of Thetis and Peleus, avenged herself by casting a golden apple among the goddesses with this inscription, ‘For the fairest’. Hera, Athene and Aphrodite each claimed it, and the case was put before the young herdsman Paris, who adjudged it to Aphrodite; with what fatal result is known to all. dv (a) Kp. watSas—dv=7v is cognate acc. [or the double accusative is similar to Aesch. dg. 813—5, @eol...’Ilov POopas... Yhpous eevro.] : 645, pakapev maisas—ef. a similar circumlocution, 930, maides Eavwr. 647. él Sopi—‘ with the outcome of the spear’, &c. Cf. Herc, Fur. 881, éwi kd8q. Aesch. Sept. 878, Sduwv érl Niuy. 822, 649. tis—collective. 650. Eurotas—the river on which Sparta stood: note the alliteration in edpooy Evpadrav. — 651. Adkatva—fem. of Adxwy: so Aéwy, awa Oeparwy, - Geparawa. [An allusion is very possibly meant to be under- stood to the capture of 292 Spartan hoplites at Sphakteria, 120 of them of the highest birth, by the Athenians. This brilliant exploit was due to Demosthenes, b.c. 425. Cf. Thuc, 4, 1—41.] 655. Spbwrra—r/dpud. Cf. dpérw, ‘I pluck’, 7—2 90 HHCUBA. - To me was it fated that calamity, to me was it fated that ‘suffering should come, when first Alexandros hewed him the pine-log of Ida to sail o’er the ocean wave to the bed of Helen,. fairest of all on whom doth shine the golden sun. For toils and dooms stronger than toils encircle us. And a common evil sprung from one man’s folly came fraught with death to the land of Simois, and calamity from strangers. And the strife was decided in which on Ida the herdsman judged the three daughters of the blessed gods with the outcome of war and of slaughter and of the ruin of my dwellings. And at home beside the fair-flowing Eurotas there weeps many a Laconian maid all bathed in tears; and the mother, her children dead, lays hand. on her hoary head, dabbling her finger-nail in the bloody rendings of her cheek’. 658—904. Third Episode. [The discovery of the body of the murdered Polydorus. Agam. enters to enquire the reason of Hecuba’s delay in burying her daughter, and H.,; after a long debate in her mind, appeals to him on behalf of her son for vengeance upon the treacherous prince of Thrace. Agam. » demurs at first, half afraid of the view which the Greek army might take of any action against their ally; H. pleads that at any rate he will prevent any rescue, and she will take thé vengeance into her own hands. | [658—725. Enter an aged female attendant, who had gora to fetch water to wash Polyx.’s body, with the corpse of Poly- dorus. H., supposing it to be Polyx.’s, asks why it has been brought. As she receives no answer, her idea is that it may be Kasandra’s. The body is uncovered, and H., in her lament, lets fall an expression which provokes the question, ‘ Did you know of this before?’ She goes on to ask how and in what state the corpse was found, and cries that her visions have proved true. Then the Chor. asks, ‘Can your wisdom of dreams tellthe murderer?’ ‘Yes’, H. at once replies, ‘it is the Thracian prince’, and she bursts into an indignant protest against the violation of hospitality and the sin of mutilation. ] 659. OnArvv orrop.—cf. 7d Onrv yévos, 885. Adjectives in -us are often of only two terminations. “Hpy On\us éodca, Il. Hovs airy, Odys., nuloeos nuépas, Thue, 660. KaKots ty’—‘in sorrows, wherein’. Herm.’s correction for the abrupt xaxoto.w, which is a dative of reference, denoting the aspect in which the subject shows itself, the acc. of ref. being used to denote a part of the subject itself. ocrépavov— NOTES, 91 ‘prize’ (lit. garland of the victor at games). Cf. Wordsworth, Sonnets, ‘* Wost wretched one!” Who chose his epitaph? Himself alone Could thus have dared the grave to agitate And claim among the dead this awful crown!’ 661. ‘How! wretch, with thy ill-tongued clamour ! for thy doleful messages are never quiet.” For construction ef. 211, - 783. The gen. is after the analogy of the gen. of ref. with verbs of emotion. 664, evdpnp. ordua—to have good-omened words in their mouth’. ordu. is ace. of ref.; the phrase, like favete linguis, comes to mean silence, as though abstinence from speech were ‘the best form of good-omened talk. 665. Sép. tmep—‘from within’. MSS. vary between this (which Schol, interprets éwréxe:va) and two and dio. There is also a conjecture rdpos. See 53n. 668. ‘No more thou livest, though thou seest the light’. This is justified by the punctuation, and is more vigorous than el BXéroveoa=Préreis. Cf. Tennyson, ‘in more of life true life no more’, 670. ‘Thou sayest nothing new, but thy reproach has fallen on one who knows’. The plural is used rather vaguely. H. thinks that the attendant alludes to the death of Polyxena. 672. ‘Whose burial was reported as being busily prepared. at the hand of all the Achaeans’, admnyyéAn—verbs seldom haye more than one aor. in regular use. arnyyéAn, which some MSS. read in Eur., is not an Attic form. rddos nearly=rady. Sid xepds = per. orrovs. ex ev = orrovdd feoPar. 674. ‘She knows nothing [spoken aside], but mourns, woe’s me, for Polyxena’. pot—Hth. dat. 676. pav (7) ovv)—like num, expects answer ‘no’. ‘Surely thou art not?’ 677. Kae. kdpa—an expansion of Kagdvdpay like caput in Lat. for ‘ person’: often regard or affection is expressed, as @ kaclyvyrov Kapa ‘ dear brother’. See. 724n, 678. ‘Thy loud lament is for one who lives’, AdoKw— only used in poetry and always of loud ringing or crashing or _ tearing sound; it implies therefore loud talking. For the turn 92 HECUBA. of the phr. equiv. to wep! with a gen. cf. Alk. 141, kal fScav elmetv kal Oavovoav éort cot. 679. yvpvoltv—The attendant uncovers the corpse; that it was not naked we see from 734. 680. et—‘whether’, i.e. ‘to see if’, éia.—‘ expectations’, like spes sometimes in Lat. 682. otkois—domi, poetic dat. of place. Goodwin, § 190. 683, ovxér’ ei. S4—‘ now-is my life o’er’. 685—7. ‘I begin a frenzied strain with recent knowledge of woes sent by an avenger’. katrdpyx.—usually with gen., has ace. also in Or. 960, kardpxoua orevayudy. dddor. (ad, 4/Aa0)— one who does not forget wrong, and so an avenging deity, used with and without daiuwy. The ref. here is a general one, and not to the ghost of Polydorus, Kakév (for which véov is con- jectured by Pors.)—is gen. of object after adjective compounded with a trans. verb. So 235, xapdlas Syxrypa=d daxver THv Kapolav. 688. ydp—‘ why?’ ‘what?’ Lat. quid enim. 691. ‘No day shall stay me from my groans and tears’. This old variant is adopted by Matthiae, who also reads juap éw. If the adjectives be read in the nom. the force of éricxyoet will be ‘come upon me’, ‘dawn’, 696. Ovijokes=e0aves. Ketoat—so iaceo, Ov. Her. 3. 106, - gui bene pro patria cum patriaque iacent. 698. vw—for acc. see 51n. 699. ‘A waif upon the level sand, a victim of the murderous spear’. méonua exactly cadaver: NXevpa—connected with devos, lévis, Engl. level. | 701. ‘Cast him up from the sea’. Hdt. 1. 24, rov dé deAdiva _ Aéyouot vrohaBorra éfevetcar ert Tatvapor. 702. tualov—‘I perceive’. mapéBa—‘ went by’, and so ‘es- caped’. 706. av refers back to Sipe. 708. Ards & dde—‘light of day’. Cf. Hor. sub Tove, sub divo; 458 n. 709. dvepdpdpwyv—‘ by thy dream-wisdom’, with a touch of sarcasm. NOTES. | 93 711. ty’— with whom’ [or * where’, for Thrace is suggested by the word Oppxios, as in Andr. 652, oboap pev “Hreporw, ob (=év ’Hrelpy)]. 712. ‘Alas, what art thou about to say?’ exy—so best MSS. See 27n. The variant éyo. would leave the permanence of the result uncertain. 714. dvwvop.—‘a deed without a name’, Shakespeare, Macbeth. 715. 008 avexta—‘and not to ke borne’. A hint at ven- -geance, ov Six. Evev;—‘where is the sense of right towards guests?’ [or ‘sense of right in hosts’], according as we consider » éévwv obj. or subj. gen. 716. ‘O most accursed of men, how hast thou hacked’ [or ‘mutilated’]. A partitive gen. with positive adj. often virtually equals a superl. <Alk. 472, G dida yuvakdr. 720. axticw—So the two best MSS., others @xricas. 722. ‘Whoever he be that presses on thee’, i.e. the GAdoTwp. 724. ‘However, since I see the form of Agam.’, &e. ddd yae—often separated by one word when a new comer is an- nounced, e.g. Soph. Ant. 155, d\n’ bde yap 57 Bactrevs...xwpet. *Ayap. Séuas, so Or., ‘Epuidvys déuas=Epmovnv. Iph. Aul., Tovpoyv déuas=eue: but déuas also has a special force like Lat. idiom used six times in Verg. (virum) corpora. See 677 n. [726—785. _Agam. appears and chides H. for her delay in burying her daughter; he sees the body lying and asks what Trojan it is. Then H. debates in along ‘aside’ whether she shall tell Agam. and ask his help, without which she can effect nothing—or bear her troubles in silence. She decides to speak. Agam. asks if she seeks a life of freedom. ‘No’, answers she, ‘I could live a slave all my life for vengeance sake’. She then points to the body and tells him it is her son’s, who was sent _ to Polymestor’s care.] 726. péAX.—‘ delayest’. _ 927. ‘On such terms as T. made known to me, that no Argive should lay hand on thy maid’, See 604. 729. piv odv—‘ well then’. cidpev...aatoyev—This is the excellent conj. of Nauck; it gets rid of the final cretic in Wavouev, and the addition of the impf. for éduev makes the grammar more consistent, ~ 94 HECUBA. 731. ‘I have come therefore (62) to fetch thee away; for - matters yonder have been well done, if aught of these things be right’. Gk. xadov approaches our sense of ‘duty’. érrly kahos —not so common as éxew in this conn., but cf. 532. Soph. Ant. 637 (MS. reading), dfiws éorat. Hel. 1293, xadds av etn. 733. %éa— ha’. 28S j 734, ‘For that he is not an Argive’. *Apyetov—this is nearest to reading of best MS. ’Apyeto., which can only be rendered ‘his non-Argive dress’, There is a variant ’"Apyelwv ‘one of the Argives’, like Iph. T. 1207, cv ré wor cbumreun’ — éradar. rank 736. H. speaks aside to 752. Agam. is meanwhile amazed, then angry at it. ‘O thou poor Hecuba—ay, I speak of myself when I speak of thee—what shall I do?’ Spde~w follows the sense rather than the strict grammar, dpace:s would have been more natural. [The Schol. and Herm. wrongly thought that dvernv’ was an appeal to Polydorus, comparing Or. 553, éuavrdv, qv Aéyw | Kaxos éxelyyny, pd. | 737, 8, mpootrécw...dépw—conj. delib. 739. ‘Having turned thy back upon my face’. 740. ‘But dost not state the fact, who this is’, 8crts would be more regular. Stpe—The v is long, and so the reading ddvpe: cannot stand. We find kindred forms popyupu, dudpyume, KAXAwW, 6KéeANW; K.TX. 742. dy...dv—The double dv (read by the best MSS.) is. by some edds, considered too emphatic in so short a sentence, and they consequently omit the last, or, with Brunck, change the first into ad. Herm. explains by rai wpds dv ahyjoamev av, but dv can qualify only verbs. ae 743. ‘Know that Iam not’. vo, sententious, as usual. 744, 680v—‘drift’. The metaphor is more drawn out Soph. O. T. 68, mods & odovs EXOovra Ppovridos rravots. 745. ‘Do I take count of his feelings too much by the standard of enmity, while enemy he is not?’ ye and é both add emphasis. Nauck conjectures dp’ e¥ Noy:fouerOa. 748. és ratrév—‘thou dost but agree with me’. Supply éuol, and in next clause after éyw, BovAouat. 750. ‘Why revolve I this?’ 752. ravde youvétwev—This gen. of appeal (which Pors. governs by zpds understood) may be put under the head of causal NOTES. | 95 gen. Goodwin, § 173, Other Ionic forms found in tragedy are povvos, otvopma, dap? Soupl, feivos, ipds. Inferior MSS. add many more. 955. 0éoPar—‘to get thy life made free’. Pflugk can hardly be right in taking this as advice to H. to commit suicide. 756—8. Omitted in best MSS. tywp—‘if I take ven- geance’, conditional use of the a ag ne 758. Kal §4—‘ well then’, ‘even so’= =fac ita esse. tly’ els éw,—‘ to give what help?’ 759. ovSév—a kind of accus. of reference in connection with érdpxeow [or pacredw, ‘I ask for’, may be supplied. ] - 760. ‘For whom If let the tear-drop fall’. katacrdéfa— used differently in 241. [Notice the break in or:xouvlia, i.e. the arrangement of lines by which in rapid dialogue each speaker replies in the same number of lines as the questioner has used. Herm, conjectures that some remark of Agam. has fallen out between 759 and 760.] 761. ‘The sequel, however’. 762, ‘Him I once brought forth and bare in my womb’, — ‘Tit. ‘beneath my girdle’, similar example of mpabigrepar occurs E1..969, rds yap kTavw viv 7 pw’ @OpeWe KaTeKer ; 766. ‘Yes, but without profit, as it seems’, ‘ye qualifies érekov supplied from 765. 767. ‘Where was he as it fell out?’ The idea is of coin- -cidence rather than of chance. wrédts, metri gratia, as in Epic. Cf. rédeuos, wroXeuos. 768. spp. 0avetv—pu7 Pavey would be more usual. ete TLohvpyjorwp—attracted into rel. clause; so Hipp. 101, | rye 9 jwodaiot cais epéorynxey Kimpis. This is ‘called inverse attraction and is found also in Lat. e.g. Verg. Aen. 1. 578, urbem quam statuo vestra est. 972. ~évrav0’=both illic and illuc. ‘In charge of most eruel gold’. This may be a transferred epithet as mixp. should here properly belong to Polymestor. Cf. Verg. Aen. 1. 355, ’ erudeles aras. 774. tlvos y’—‘why, at whose hand else?’ Elmsley would change ‘ye into 6¢ on the ground that ye cannot occur in a question, and Pors. reads rivos mpds &d)ov; _ 715. % wov—T suppose he lusted to get gold’. 96 - HECUBA. 776. -rovatr’—‘even so’. Aristoph. has radra in same sense. , 780. @xero-—virtually plupf. ‘She was gone to fetch’, 782. @adacodmdrayxrév ye—‘yes, to be tossed on the sea, as thou beholdest’. The adj. is used proleptically, i.e. it anti- cipates the result of the action of the verb. 783. oxetAla—[a/oxe which also appears in parts of Zw]. There is a double notion of wretch and wretchedness in the word. For gen. see 661 n. 784. ‘Iam undone and nought of evil remains untried’. 785, 6. Svervxijs...crdxyv—for a kindred play on words ef. Milton, Paradise Lost, Bk, 2, ‘surer to prosper than prosperity’, and Trabea, quoted by Cic. Tusc. disp. 4. 31, fortunam ipsam anteibo fortunis meis. Ter. Adelph. 761, ipsu si cupiat salus | servare prorsus non potest hanc familiam. _ [786—845. H. appeals to Agam. ‘Hear and help me: this man was my most familiar guest-friend (févos) and has violated all rights of hospitality. I indeed am myself weak, but the gods are strong and the principle or law on which they act. This now devolves on you to carry out. O, have pity! contrast my former state with my present forlornness. What, will you go from me? Oh! why are we not taught persuasion’s art as everything beside? I have no hope: my children are gone, my city burned. Then, too, I would urge the argument of love: this dead boy is your relation, since you have wedded Kasandra. O for a yoice in every part of me to plead my cause: help, help me, ’tis a noble man’s part’. } 786. gorw—‘exists’. Observe position of the accent. A€yous—‘ unless thou shouldst mention’. Ayers of some MSS, puts the idea rather more definitely. 787. _otvex’—‘on account of’. éexa usually follows its case: MSS. vary between ovvexa and elvexa: most modern edi- tors prefer the former. 788. 8o1a denotes the divine spirit of equity which over- rides 76 dixatov. 789. otépy. dv—‘I will be content’, 790. dvSpés—used much as French Monsieur le, &e. So Ajax uses it of his bitterest foe Hektor, where (says Jebb) the word gives a certain tone of distance and aversion to the men- tion of a well-known but hated name, NOTES. 97 793 sqq. ‘Though he had oft shared my board with me and in count of hospitality was in the first rank of my friends —yet, though he had got all that was proper and had received all consideration’, &c. Vv. 794, 5 are perhaps spurious: there is a great deal of unnecessary repetition in them and they are open to two objections, (1) ruxeiv governs an acc. unless rpwra be taken adverbially. Musgrave suggested &éva 7’, dona hos- pitalia. (2) Some participle seems required. Hence Porson well conjectured mpwros wy. 795. mpopnPlay—some see here a reference to 1137, ‘having taken full forethought,’ but the true sense seems to be that which is given above, as more in harmony with the rest of what H. says for, ‘when he had got all that was needful (for Polydorus) and had taken him in charge’—a doubtful sense of mpoundiav]. Variants are mpou.cdiav (Musgrave), mpoduular (Herm. ). 796, 7. P.’s crime was aggravated by his treatment of the corpse: for an unburied shade wandered about on the banks of the Styx and could get no rest for 100 years, Verg. den, 6. 824. 798. peév oty—‘then’, ‘to sum up’. tows—idiomatically . used as in English, though no doubt is expressed. 799 sq. Every interpretation of this passage is attended with difficulties, so that little more can be done than to give a list of the more reasonable explanations, The passage hinges on the meaning of the ambiguous word véuos, which may be ‘principle’, ‘law’, ‘custom’; its meaning being to some extent _ determined by Pindar’s saying véuos 6 ravrwv Bacidets. (i.) ‘But the gods are strong and so is law which con- trols them, a law by which we deem the gods to be, whereby we live with our views of right and wrong defined: and should this law, when it-has been referred to thee, be set at nought’, &e. The vdéuos in this case will be some high principle supe- rior even to the gods themselves, not unlike ’Avayxn of which Kur. Alk, 978 says, kal yap Zevs bri vevoy | cvv co. Todro Te- AeuTG. (ii.) vépos=‘law’, in its more usual sense, Eur, then says that law is superior to the gods because the state could dictate. who should and who: should not be worshipped. So- crates was condemned, we know, because he was accused of disallowing the state-gods. (iii.) If we substitute ‘convention’ 98 HECUBA. for ‘law’ we have the sophistic theory which Eur. is generally supposed to have held. This is Paley’s view. (iv.) A schol, takes a somewhat different view. ‘The gods are strong and their law which rules men: for we think that by law the gods (rule)’. Then Hec. implies that Agam, — as administrator of justice is for the time being in the place of the gods. 801. Gpicpévor. This may be passive or middle, see 114 n. fopev—little more than écud, 804, ipd...dépey—‘ violate’, metaph. from carrying off plunder. Sacrilege is out of place in connexion with P.’s crime, except in so far as fevia violated would be a sin, or religious offence, so that perhaps a reference is intended to some contemporary event. [ipds, connected with Sanskrit ishira, means ‘sound’, ‘fresh’, ‘strong’, as we see in relation to Ruap, duBpos, kdua, waves. The meaning ‘sacred’ arises from the fact that nothing blemished or unsound could be offered to the gods.] 806. év aicxpw 6é..—‘ regarding these things as disgrace- ful’, so év xa\@ ridec@a: is used. 807. «s ypad.—‘ as a painter stand off and look upon me | and scan the miseries which I endure’. A painter would get 3° better idea of a picture as a whole by standing away from it, 810. otca—substituted by way of variety for jy. 812. ‘ Whither stealthily (v7é) withdrawest thou thy foot from me?’ Agam. makes a movement to go. The phrase = gevyw and so governs an acc. Porson’s Tendering quo me cogis te sequi is forced, and Musgrave’s mo? mwereidyers has no au- thority. _ 813. ‘I seem likely to accomplish nought’. mpatev—the fut. (not pres.) inf. is usual after BovAoua, vmioxvéouae and other verbs in which the object of the expectation (yesh hope, — &c.) is something future. 817. é&é ré\os—‘to perfection’, a sense conveyed in its deri- vative réXevos. 818. tw fiv—(= ééjv) ‘in which case it were in our power’. This is Elmsley’s conjecture for iy’ 7 of some MSS. and is perhaps the original reading of the best MS. It is an in- stance of the peculiar usage with final conjunctions (iva, ws, érws) which are followed by past tense of indic, where the conse- NOTES. . 99 ' quence is in fact an impossible one. Cf. Hipp. 647, wv’ eTxov nde rpocpwvrety Twa. 820. aus—meaning herself, as we use ‘one’. See David Copperfield, chap. 24. “I observed that he always spoke of himself indefinitely as ‘a man’ and seldom or never in the first person singular...‘@ man might get on very well here’, &c.” Arica, Attic writers usually adopted the Aeolic forms cecas, cece in 2nd and 3rd sing.; but we find dpraNto at, AéEae (Aesch, h adyivas (Soph.), xrica (Eur. ), dxovoas, pyoas (iste), 821. oi pév yap dvtes—‘for my former sins.’ So the best MSS, for which Weil proposes zo7’ évres and many editors rocotroc after later MSS.; which perhaps suggests as the true reading of yév rér’. 822. ‘And I myself with shame perish a captive of the spear’. éml implies the conditions: slavery involves menial and degrading services. 823, réovde—‘ yonder’. 824. Kal pay introduces a fresh plea—‘And look you— although this perchance is a vain part of my appeal—the plea of love, to wit’. 825. elovjrero— yet it shall be spoken’. The fut. perf. has often no perf. signification, especially in defective verbs. 827. ‘K. the inspired, for so the Phrygians style her’. Kacdvipa—this emendation for Kacdvdpav proposed by Herm. is very good, for it is idle to say that the Phrygians called her Kasandra, unless indeed she had both a Trojan and Greek name, as Alexander and Paris, Pyrrhus and Neoptolemus. 828. ‘In what way, sire, I ask (6f7a), wilt thou acknow- ledge thy nights of joy, or shall my daughter have any benefit of her sweetest wifely caresses, or I of her?’ xdpw merely = evvOLaY, and the sense is that, marriage being a close con- nexion, H. would expect to get some benefit from the re- lationship. 831, 2. Spurious. mdavu says Pors. is rare in tragedy, and Pflugk shows that ray vuxr. r. d. must be taken together, and then no sense results, [Nauck reads vuxrepyciwv.] 835. ‘One thing yet my speech doth lack’. 836. et pov yev.—‘ would that I had’, an elliptical form like ef ydp, ei0e, to express a wish, So si in Lat. 100 HECUBA. 837. Kdparor—Muser. objects that mourners shaved their heads, and that so the word is inappropriate: but the remark applies rather to hired mourners than to the queenly Hecuba. He suggested xéparor, ‘pupils of the eyes’, and even xyjuaiot, which is singularly inelegant. modeav Bdoe=7r0cl 6 dy Balvw. 838. AaSardou—the recognised master of clever en- gineering and mechanical appliance, and of architecture and statuary. His sculptures seemed to move and speak: thus Eur. fragm. Eurysth. rd Aadddeva rdvra xwetr Oar doxet | aes T dydd\ual’* 5 avhp Ketvos codés. 839. as txovro—‘ that weeping in concert they might cling to thy knees, urging all manner of pleadings’. é@xoaro, better than éxowro, of two good MSS., for where objects introduced by a neut. plur. are regarded as a united whole (and ouapra here combines them) a singular verb is used. 842. mapdoxes—almostall MSS rdpacxe, which is admissible in compounds, as karacxe, H. Fur, 1210, though the simple verb always has oxés. 843. ‘ Although she be nought’. 844, ‘’Tis the part of a good man’, possessive gen. Good- win, § 169. 846 sqq. The Chor. comments on the irony of fate which makes Hec. appeal for help to a notorious enemy against her former friend. ‘Wonder indeed how with men all things clash, and how their closest ties are determined by laws of circum- stance which make their deadliest foes their friends!’ vépor— we have a parallel in Bacch. 484 of véuor 5é Sudbopor. Musgrave’s alteration xpdvo, though it simplifies matters, is not necessary. avaykas, any tie of affection, or even=Lat. necessitudo. S.dp. is the gnomic aorist, [850—904. Agam. expresses his deep pity and says that - he would gladly help her but he is not a free agent: the army regard Polym. as a friend, and he cannot afford to come into ill odour with them. Hec. makes a reflection that no man is quite free; he is hampered by considerations of chance, or money, or multitude, or law. She asks Agam. at least to restrain any assistance from the Greeks, and she will do the rest. How? asks Agam. H. replies that she has many Trojan dames at hand to help, and cites the Lemnian affair and the murder by the Danaids as instances of women’s power. She NOTES... 101 then sends an attendant to summon Polymestor and his children, and Agam. expresses his good wishes for the result. ] 850. oéey=scov in Attic as well as Epic. Some gram- marians class this as a sixth case, meaning ‘from’, as olxodev, "AOnvnder. 851. ‘I regard with pity’. Similarly 6¢ olkrov AaPely, Suppl. 194. 80 aicxvvys éxw, I. T. 683. 854. davely y.—‘If in any way it should appear possible for thy plan to succeed, and for me to avoid appearing to the army to have planned this death against the king of Thrace for K.’s sake’. The opt. expresses A’s doubt as to the possibility of keeping the matter seeret. The re should stand strictly after dav. or else px) Sdéatue be changed to éué re orpar@ un Sota. [The best writers are often careless about particular words, thinking of the adjustment of the whole, ] 857. Yori j.—‘ there is one point’. gcrw often combines with a relative adverb to form a fresh adverb. éorvw iva, dre, ‘gometimes’, ‘often’. Soin Lat. est ubi=interdum. _ 859, ‘If yonder man is friend of mine, this is a private matter, and the army has no share therein’. ed 8 ésol—is Elmsley’s conjecture, and is preferable in sense to el dé co. 861. «mpds tavTa—‘ therefore’, The phrase is idiomatically used, not to express a reason but a fixed resolve. Soph. El. 820, pds Tatra Katvérw Tis =‘ now’, 863. ‘If I am to be evil-spoken of by the Achaeans’. ~ Dat. of agent with passive verb for vmo with gen. From é&a- Badrw comes d:dBoros, ‘ the accuser’. 864, dev—‘O fie!’ Expressing contempt rather than sorrow. éo-ris—vaguer than és, Lat. qui with subj. 866. wmdéAcos—a rarer form of moXcws, a remnant of the old gen. in -nos, which latter does not appear in tragedy till Eur. Attic generally disliked the combination -70, vads, ads, are genuine Attic forma. ) 867. ‘Stay him so that he uses a temper not accordant to his judgment’; or ‘keep him from using such temper as he would’, wy is redundant according to the Gk. idiom which mul. tiplies negatives; it is a little out of place on the second rendering. 868. amdAéov ven.—nimium tribuis, as in Suppl. 248, vépovres 7 POdvy mwréov wépos. Kur. was not the radical Aristoph. makes im. 102 | HECUBA, 869. ‘I will rid thee of this fear’. 870. EdvicOi—from évvoida. H. urges him to be ACCESSOLy before the fact without taking any ostensible part in the re- venge. 871. cvvdpdorgs St px—‘ But take no active share therein’. ph avvdpa, wn ovvdparns are good, uy ovvdpgs (conj.), m7 ou. dpacov bad, though the latter form is very rarely found. 872. ‘But if there arise on the part of the Achaeans any riot or rescue, while the man of Thrace is suffering what suffer ‘he shall, stop it without appearing to do so for my sake’, Tor .— gen. abs., for émixoup. would require a dat. prj, not ov, because the phrase=yuy ddke. Xdpww—virtually a prep. ‘and éuiy xdpw=€uod xdpu. Other adverbial accus. are mpd- ‘pacw, Tédos, Tpdwor, inet dpx7v, wépas, and dixny. 876. otv—‘pray’, sarcastic. ddc-yavov—for opayavor, from cdatw, cf. Ppéyw=Tpédow., 880. ‘The tents conceal a number of Trojan dames.’ The perf.=a present like ofda, dédocxa, wepdoBnuat, wépvuxa, €ornka, OAwAa, KEKTNUWaL, KExAnUaL, Méuynuat, wéxo.Oa. [Some “MSS. read xexevOovot. a Dorie form, cf. dedoixw, Kexd7yw, Te- PvKL. | 882. dovéd—In Lat. & is short, as Orphed, and twice in Kur., in all other places long. It may perhaps in some places be read as one syllable, dove. 883. Kal mas—‘pray, how?’ Cf. 515 n. 885. péudhopat—‘I have a poor opinion of’. So udu éxew, hen P. V. 445, 886. Aiytwrr.—The Danaides murdered their husbands, fifty in number, sons of Aegyptus, on their wedding-night, the only one who was spared being Lynkeus, whom his wife »Hypermnestra saved. ’ 887. ‘Utterly depopulated Lemnos of males’. The more usual constr. is found in 948. dpSnv—contracted from dépiny, properly means ‘lifted up on high’. [ When the Argonauts landed at Lemnos they found that the women had slain their own ‘husbands, except perhaps the king Thoas (Hdt.%6, 138).] 888. ds yeviobw—‘so be it’, ws=olrTws. yevécOw, better than yevéoda of most MSS. 889. ‘Send me this lady’. jo.—dat. ethic. NOTES, 103 890. mrabetoa—(not mracbe?ca) from mddOw, collat.. form of re\dw; this participle is chiefly confined to choral parts. 892. ‘On thy business no less than hers’. xpéos is like xap in 874. So Lat. tuam vicem. 895. tapbov=Ttagyv. Cf. 672. 896. 71éd’ d8eAd.—‘ That these two, brother and sister, side by side on one pyre, twofold grief to their mother, may be buried in the earth.’ 898. ‘(And it may be so) for if the army had been able to sail I could not have granted thee this favour: but, as it is, for the god sends not favouring breezes, remain we must, watching quietly for a chance of sailing’. 900. nor.—t doubtful, as in Nav, iduat, larpds. SpevTas may refer back to orparéy, a noun of multitude. aovxoyv, advb., for mous Hovxos is a very unusual phrase, [dpavra mu. " Herm.’s conj. is a decided improvement, and one MS. has -avra. Dindorf adopts Hartung’s novyous]. 905—952. Third Stasimon. ‘ Thou, O my native Ilium, no more shalt count thyself as one of cities unsacked: such a cloud of Hellenes shrouds thee round and hath sacked thee with the spear, even the spear. Of thy coronal of towers art thou shorn, and with most piteous stain of smoky flame art all defiled; forlorn one, never more shall I tread (thy streets). At midnight my destruction began, when after banqueting sweet sleep is spread upon the eyes, and my lord had made meé cease from song and choral sacrifice, and lay upon his bed, his spear on its peg, watching no more for the thronging sailors entering Ilian Troy. I was arranging my hair in the snood that bound it up, gazing into the mirror’s vista’d light, to sink upon my cushioned bed: then through the city came a ringing shout, and down Troy’s streets the cry was this, ‘‘ Sons of the Hellenes, when, oh when will ye have sacked the Tian citadel and reached your homes?” ‘Then left I my loved bed in a single robe like some Dorian maid, but—unhappy—I gained nought by my session at awful Artemis’ shrine. But I saw my bedfellow dead, and am borne away o’er the deep salt sea, and looking back upon my city, as the ship started on her return and sundered me from the land of Ilium, in my misery I fainted from grief, deyoting to curses Helen sister of the Dioscori, and the shepherd of Ida, Paris the dread, since his marriage—no marriage that, but some woe E. H. 8 104 HECUBA. | ; of the avenger—drove me in ruin from my fatherland and — exiled me from home. Her may the salt sea ne’er carry back,. never may she reach her ancestral home!’ 906. tav drop§.—sc. modéwy, partitive gen. Goodwin, § 169, The constr. is imitated by Hor. Odes 3. 13, fies nobilium — tu quoque fontium. i _éEa—Cf. our use of the word ‘tell’. This fut. may very. possibly be passive; for about 100 Greek verbs, most of them with pure stems, have a passive sense in their fut. middle, e.g. Alk, 322, dN’ adrix év rots ovKér odor NéLomat. 907. véhos—used of any great number. So Livy 42. 10 nubes telorum, and Verg. Aen. 12. 254; facta nube, cf. Heb. xii. 1 ‘cloud of witnesses’. 910, doxéx.—perf. pass. of dmoxelpw, used here in a middle sense, which accounts for the ace. The phrase dzoxel- pecOa. kéuas is common enough. See also 114 n. For ored¢, mupy. cf. Soph. Ant. 124, credavwua ripywvr |"“Hpatorov wev- kdev@’ édetv. 912. «ndtd’.—Pors. makes this dat. and reads oixrpordry, but it is doubtful if final « of dat. can be so elided. ‘The ace. is a kind of cognate acc. 915. jpos—Hom. word. é« Selarvev=ex cena, 55 n. 916. KlSvara.—or oxidvara. ~—Same root as scindo, quasi oKlydue. 918. Kataravocas—lIt is easy to supply éué, though it may be for xararavcapuevos, cf. 1108. Various readings so as to introduce an acc. are xoporo.v and xaporoaov Ovoray. 921. vavrav—adjectival in sense. 926. drepp. eis adyds—The allusion is to the vista which meets our gaze when we look into a mirror, The Schol. interprets ‘round’ like dzeipova yaiavy, making it a transferred epithet. Weil thinks that the mirror looks at one without ceasing. 927. émdésviov—This for éridéuvios, which would be very otiose, is due to Pors. [Musgrave conjectured émidelavios.] 931. °IX. oKomdy—i.e. Pergamus. Cf. Homer’s “I\os NVEMOET OU. NOLES. 105 933. The Dorian girls often wore only a single light gar- ment (xirdéviov), fastened with clasps down the side. See Mahaffy, Gk. Antiquities p. 46. 3 940, mé8a.--prob. not technically the ‘sheet’ [ pes in Catull. 4, 20, utrumque Iuppiter | simul secundus incidisset in pedem] but of motion generally. Cf. 1020. 945. alvérapw—Cf. Hom. Il. 3. 39, dvorapis, and for the whole sentiment Aesch. dAgam. 689, édévaus, Edavdpos, é\émtods (of Helen), and Androm. 103, ’INw airewg Ildpis od yduov adda Tw’ arav | ayayer’. "951, dv—se. Helen. . , [952—1022. Enter Polymestor the cruel Thracian king: the hypocritically expresses sorrow for Hecuba’s accumulated miseries and excuses his delay in coming. Hecuba puts some searching questions to him about her boy and the treasures sent with him; and on pretence of showing him other treasures hid within the tent she induces him and his children to enter with her. ] 953. It seems quite natural that P. overdoing his part should address Priam as well as Hecuba. Nauck and others however condemn the vVei'se. 956. ovK« ovdtv—a stronger form of oddéy, whereas ovdéy ov would mean ‘everything’. Lat. nihil non. 957. at—with mpdéew xaxéds. 958. ‘And the gods stir them up backwards and forwards, introducing confusion, that through ignorance we may worship them’, avrd—i.e. prosperity and adversity. otpovo1.—as if they were the ingredients of a pudding. dyveclg—causal dative, Goodwin, § 188. The ignorance is of course ignorance _ of the future. 960. ‘But why need one lament over these things, ad- _vancing not ahead of his evils?’ The metaphor is from the pioneers of an army. 962. ‘If thou blame me at all for’. +i—cognate ace. Goodwin, § 159 note 1: the object of uéuge viz. pe is’ easily understood from the context. _ @. € amrovelas—causal gen. Goodwin, § 173.2. péudopas is followed by two constructions: (1) péudoual rwi te obicio aliquid alicui; (2) wu. ria twos (as here). Cf. ypddouar Piur- tov ddvou. . 8—2 106 : HECUBA. 963. oxés— restrain it’ (viz. 7d péuperbar): more usually érioxes: not ‘restrain thyself’ which would rather be middle, but yet is constantly used for ‘stop’. Tvyxave—although 7des is aorist. So 1134 dtdwor and nv. ‘As it happened I was away in the midland districts of Thrace when thou camest hither, and on my arrival this servant of thine meets me as I am already lifting my foot from the tents’. 168’ atpovru= ééidvri, 967. KdAtov—cf. dywv 369 note. 968. atoyxbvopar mpooPAérey—‘ I shrink from looking at’. al. mpocB\érwv would mean ‘I look upon with shame’, ef. 552 note. 971—-was suspected by Porson, who proposed either to place it after 972, or to read xav for év, ovx for xodxn. Other editors are more sweeping; Dindorf condemns 970—973, Hartung 973—975. TvyXavovea agrees not with aldds uw’ @xec but with aldoduat for which this is an equivalent: so Ion 927, vretéavrAGv—alpet pe (=alpoua). tva—‘ wherein’, 972. The object of mrpooBdérew is rovrov, to be supplied from 6rw. oe which is read generally is omitted in the best MS. opbais Kop. —‘ with unayerted eyes’, Iph, Awl. xaip’ od yap 6p0ois Gupaciy o” ér eloop®. Hor. Od. 1. 3, 18, rectis oculis (Bentley’s conj. for siccis). 973. ‘But regard it not as enmity to at . She really feared to betray her purpose by the hate gleaming from her eyes. avro—i.e. 7d uu me mpocBdérew oe. oé_ey—objective gen. after dUcvoay. Goodwin, § 167. 3. BA Hyyoy—In prohibitions un de, wy AVonS are good, by AUS, KH AUoov bad Greek. . Goodwin, § 254, See 871 n. 974. ‘And moreover custom also is to some extent the cause that women look not straight at men’. atrvov regularly takes acc. and inf. 976. Kal...ye. ‘Ay, and no wonder’. The phrase is common in tragedy. tis xpela o &u00; ‘What need hast thou of me ?” se. &xet. Cf, Homer J/, 11. 606, ri 5¢ ce xpew eveto; 977. ‘Wherefore didst thou send for me from the house ?’ vl xpipa—Goodwin, § 160, 2, cf. xdpw 892 n. éméurpo =ere- NOTES. 107 wéuyw. The middle often has a causal sense: wvAdiito, ‘T write’, ypdpoua, ‘I get written’, 978. 8y—emphasises éuavr7ys, giving the reason why soli- tude was desirable. | 979. déwrdovas—his escort, not before mentioned. Euripides has not explained how the same king was on good terms with both Greeks and Trojans. Probably he had in mind the shifting policy of the Thracian kings of his own day. 983. oe xpyv—so the best MS. The others cé xp7. 986. eiwt ratda ci £.—‘ Tell me if my son yet lives’. Greek emphasises the subject of a dependent clause by making it the object of the principal verb; cf. Hur. Andr. 645, ri dir av elwots Tovs yépovTas ws copol. é€—i.e. having received him from. 988. rad. oe épricopar. Greeks could say either époual ge or époual 71, and here the two constructions are combined : ef. Pind. Ol, 6. 81, dravras év otxw elpero maida, ‘(The king) asked all in the house about the child’. 989. pdAvora— certainly (he lives)’. 7d xelvov pépos—‘with regard to him’. Rhes. 405, rd odv épos. pey—virtually =‘at any rate’. ‘ Whatever thy other woes, in him’ &ce. 990. Notice here and elsewhere in the play the ‘ tragio Irony’ which consists in the speaker’s words meaning much more to the audience than to the person to whom they are addressed. 991. ‘What pray in the next place wouldst thou learn of me?’ Polym. repeats Hecuba’s own word devrepor, 992. Verg. Aen, 3, 341, ecqua tamen puero est amissae cura parentis. 993. ‘Yes, and sought to come hither to thee by stealth’. Kpvgvos—adj. for adv. Cf. Gray’s Elegy, ‘How jocund did they drive their team afield!’ #s—only in Attic and nearly always ‘to’ persons. 994. dv txov—‘in possession of which’, With verbs of coming and the like, the participles éywv, dépwr, dywr, often mean little more than cum, ‘ together with ’. 995. ‘Safe, at all events (ye) guarded, &.’ 108 HECUBA. 996. ‘Nor lust after what is thy neighbour’s’. td mAy¥- oLov=Td Twy wAyjotov is a most rare construction. mdjorov being an adverb needs the article before it can represent a substantive. épa governs the gen. of the thing aimed at. 997. tKora—‘ by no means’, minime; an instance of softening down. dvo.luny— May I but enjoy my present estate’. Alk. 335, Tiws Gyno edxouat | Oeots yevéoOa. Polym. deprecates covet- ousness; ovivapat, dmo\avw, and other verbs of enjoying, take a gen. which i is perhaps partitive. 998, 9. d&d—rovTo—coming together have offended some critics, it would seem without cause. Brunck reads rtaira, Porson 6. 1000. tr’ & b.—‘ There is, oh thou that art beloved as thou art now beloved by me’. P. What is it that I and my children must know? H. Ancient vaults of gold belonging to the house of Priam’. Polymestor in his greedy haste interrupts her, and this accounts for the sing. éor: followed by the plural xarwpvxes. This Schema Pindaricum, i.e. sin- gular verb with plural noun is rare in Attic, cf. Shakespeare, ‘His steeds to water at those springs | on chaliced flowers that lies. d. >. & o. v. & b.=6 exdore. [The usual reading is iste pur. ‘let it (viz. 6 Nédyos) be beloved as thou art now beloved by me’, But the objections to this are strong.] 1003. wba: nbohtty refers to what precedes. 1004. ‘Certainly, through thee; for thou art a pious man’, with especial and bitter reference to his impious treat- ment of her son. 1008. Yva—‘ where are’ sc. eigiy, 1010. ‘yqs tmepré\Acvea—‘ rising above the earth’. Cf. Or. 6, kopupys dreprédovTa dermalywy mérpov. 1011. @éu—‘any more’, like French encore, a virtually _ comparative particle, tay éxket—‘ concerning matters there’ =epl Tay éxel, 1013, ‘Where, pray? or hast thou hidden it within thy robes?’ seems better than 7. Kptipao? éxas—Lat. occultwm habes, stronger than xéxpv¢as. : 1014. oxtA\a—spoils, stripped from a fallen enemy (cxvddAw, I strip), but the word is used in a wider signification here, NOTES. — 00 1015. ‘But where? For here are the enclosures where harbours the Achaeans’ fleet’. It would of course be hard for Trojan slaves to hide any large amount of gold. Hecuba explains that the tents of the women are private. 1016. ‘Are things within quite safe, and is there an ab- sence of males ?’ 1018. pets povar, The fem. is no violation of Dawes’ canon (cf. 237 n.), for she alludes not to herself alone but to all the Trojan women. 1019. Kal yap— for in truth’. 1020. Avoa w6da—cf. 940, note. 1021, 2. ‘That thou mayest go back with thy children to where thou didst lodge my son’. This is the climax of Hecuba’s irony. She means to Hades; Polymestor, not aware that she knew of his treachery, thinks that she means safe away to Thrace. [1023—1055. Polymestor follows Hecuba into the tents, “and the Chorus sing a short ode to prepare the minds of the audience for the cries of Polymestor, who rushes in, his eyes blinded and children slain before his eyes. ] 1023. Addressed to Polymestor. tows-—‘ equally’, i.e. ‘none the less’. Thy punishment is as certain as if already inflicted. | 1025 sqq. ‘Like a man that has reeled and fallen into some harbourless sea, haying forfeited thy being thou shalt lose thy dear life. For where liability to Justice and to the gods coincide, deadly, ay deadly is the calamity’ with which the offender expiates his crime, [lt is impossible that ‘to. fall _ from one’s dear life’ is good Greek for ‘to die’, and xapdia is rather the seat of feeling than of life, The verses are in all probability corrupt.] dvtkos—not ‘a hold’ but ‘ bilge-water’; _ here and in Pindar of the sea; the Racy meaning of the word seems to be that of stagnant water. éxpros—otherwise ex- plained. ‘by a lurch of the vessel ’ Pflug ofras—an epic epithet, like Homer’s gidov jrop. See the other reading, is not Attic. 1027. duépoas—possibly means ‘having deprived Poly- mestor of life’; here only is the word used in tragedy. ov—the correction of Hemsterhuys for the MS, reading ov. 110 HECUBA., 1032. 680d—gen. after Wedser, involving separation, Good- win, § 174. - 1033. Oavaow.ov— to thy death’ proleptic with ¢é. 1034. darodkguw xepl—cf. Judg. 9. 54 (Abimelech to his armourbearer), ‘Draw thy sword, and slay me, that men say not of me, A woman slew him’. The dative is causal, Goodwin, § 188. 1035. Polymestor is heard screaming behind the scenes. 1037. ‘ Yet again alas for your unhappy butchery’. 1038, ‘Dears, terrible evils have been wrought within’. Katva— fresh’, and so ‘ strange’, ‘ terrible’. | 1039. ‘Be sure ye shall not escape’. o¥ py with aorist conjunctive is an emphatic denial, with future indic, 2nd pers. sing. a strong prohibition, | 1040. ‘For I will strike and burst open the inmost recesses of these tents!’ i.e. no seclusion will protect them from his fury. dvapp.—dva- as in ay-olyw, ava-rerdvvy. The doubled p represents the pronunciation. 1041. ‘Look! the blow of his heavy hand is sped forth’. The verse is more appropriate in the mouth of the Chorus. 1042, PBotdeorGe—The leader of the Chorus asks the other Trojan dames éraomécwpev—Goodwin, § 256. 1044. pmdtv—adverbial. é«Bdd\d\ov—‘pulling up’ from the ground. 1045, 6. ov,...od—The asyndeton is for effect. 1046. ods er. é.—Triumphantly addressed to the audi- ence, and in strong antithesis to ¢ovras. 1047, ‘What? didst thou overthrow the Thracian, and hast thou, mistress, the mastery over thy guest-friend?’ 7 yap— expressing mixed admiration and surprise,—‘ Can it be that?’ 1050. tvpdA@ wr. 1odi—‘with blind unsteady step’. A fa- vourite phrase of Euripides, found three times in Phoen. 834, 1539, 1616: cf. rupdAyv xépa ib. 1699, 7bda rupdédrovy ib. 1550. Milton, Samson Agonistes, ‘lend thy guiding hand | to these dark steps’. 1054, ‘But I will depart and stand out of the way of the most formidable Thracian boiling over with rage’, éxmroddv— w. dat. cf, 52 note. / NOTES. 111 1055. {éovr.—Barnes’ correction for the péovr: of the MSS., which does not offer a very good sense. Dem. de Cor. p. 272, TOAA® péovTe kad’ vuds, is not strictly parallel. Cf. Soph. Oed. Col. 434, danvik’ fer Oupds. [Verbs with monosyllabic stem in e¢ contract only ee and ee, so féw, feis, fel, Selrov, Somer, felre, géover. Aéw, I bind, is the only exception and is contracted in most forms. Goodwin, § 98 note 1, p. 98,] @vpoa—dat. of re- ference, [1056—1106. Polymestor bursts on to the stage like a wild beast, groping and stumbling, his eyes streaming with blood. He dare not leave his children, yet longs to tear his enemies limb from limb, and calls upon Greeks and Thracians for aid. Whither shall he go? To Orion, or Seirius, or the dark ferry which leads to hell?] 1057. KéAc@—‘put in’, sc. rnv vaiv. Delib. conj. Goodwin, § 256. [The forms xé\\w and dxéddw are collateral: so dtpouac and édvpoua. Cf, 740 n.] 1058. ‘Setting myself on my hands with the movement of a fourfooted mountain beast’, He is moving on all fours. [Porson would read xal kar’ txvos or kal txvos in the sense of vestigium= ‘foot’, Hermann émi=émiribéuevos omitting the comma at xé\ow so as to govern Bdour.] 1060. éfaAAd—Ew—‘shall I take instead’ of my present course? So éfapeiBw. 1063. tdAatvoar—‘ cruel’. ° 1064. mot xal—d515 n. ot pvyov—Adverbs of time and place denoting a point in and of the whole govern a partitive gen. mol ys; myvika THis nuépas; ‘at what time of day?’ Lat. ubi gentium? Cf. 961 n. Goodwin, § 168. vya mrdaccovet = gevyovot and so takes an ace. _ 1066. Polymestor invokes the sun, as king of light, to give him light and heal his eyes. ei@e dxéoato—(from dxecal- pnv) ‘O that thou wouldst heal’. tuddAdv déyyos= blindness. [Reiske conjectured végos for ¢éyyos. Weil reads éradddtas= - thaving substituted’.] 1069. ‘I perceive the stealthy step of women near’. The Greeks did not accurately distinguish between the various senses, so xrimov dédopxa: alcPavoua is usually ‘I perceive with my eyes’. 1290 n. ; 1070. émdtas wé8a—‘ having rushed’. érdccw is transi- tive; a force given to it by the preposition. Aj. 40, xat wpds ri - 112 HECUBA. ducoyoTov wo’ Héev xépa; ‘And wherefore darted he thus his senseless hand?’ 1071. ‘CanIbe glutied with their flesh and bones, making myself a banquet on the brutes, winning for myself their de- struction as a compensation for my maltreatment?’ dytlrowa in apposition with \wfav: cf. Or. 8, opdyiov @Oero warépa ma- Tpgwv waléwy auorBar. 1076. Bdrxxars “At.—‘hell hounds’, Polymestor dare not go far from the tents lest his children’s bodies may be muti- lated. Staporpacar.—Cf. 1107 pépew. Alk. 230, wréov 7 wedacoa.- 1077. ‘Butchered, food for dogs and outcast on the cruel mountain side’. 1079. Kdpapo—‘tack’, [Formerly translated ‘bend my knee’, i.e. rest, but it seems better to make the metaphor of a ship begin from this word. ] | 1080. ‘Gathering up my linen robe like some ship with sea-going rigging, having as my children’s guard rushed upon this deadly lair’. &mws—of comparison, 398 n. melopata— usually the hawsers which bound the ship to the shore, here ~ the rigging. Kolrav—wild beasts’ lair, not the couch on which the dead children lay, 1085. ‘How intolerable the evils which have been wreaked upon thee’. elpyacrat.is usually active after the time of Sophokles: but here as 1087 is spurious it must be active: cf. 264 n. 1086. rdmiripra—se. gor. SpdcavTi—The Greek theory of retribution was that it was as certain to follow guilt as the night to follow day, dpacavri qadety as the proverb put it. Cf. Eur. fragm. 7 dixn...ctya Kal Bpadet trodi | oreixovoa pappe rods xaxods bray rixy. ' Hor. Od. 3. 2. 31, raro antecedentem scelestum | deseruit pede poena claudo. 1087. Inserted from 722. 1090. ‘O race rejoicing in steeds and inspired by Ares’, i.e. warlike. 1094. 4 and yu in iambics form a crasis with ov, cf. 1249 n. 4100. ‘Shall I fly up to the lofty halls of heaven where Orion or Seirius darts from his eyes flaming rays of fire, or NOTES. 113 shall I in my misery rush to Hades’ black ferry?’ ’Optwy—in Greek the « is doubtful, in Latin always long. . Orion was the Nimrod of Greek mythology, a mighty hunter, and after death became a constellation which rose soon after the summer solstice. aurrdpevos=cvarrauevos from avirroua a collateral form of avarérouat. Goodwin, p. 243 s.v. réroua. Cf. auBjoec 1263. Zelpros—properly ‘scorching’ se, dgrjp. Otherwise known as the dog-star, ef. Verg. Aen, 10. 274, Sirius ardor, | ille sitim morbosque ferens mortalibus aegris | nascitur, et laevo contristat ~ lumine caelum. addiyor belongs in sense both to ’Opiwy and Zetpos, in grammar only to the latter. AtSa mop0uds—the Styx. 1107. €vyyvwora—‘it is pardonable’, pl. for sing.; so advvard éotw, ‘it is impossible’, yaderd éorw. Verg. Aen. 1. 667, frater ut Aeneas—iactetur—nota tibi—‘it is known to thee how &c.’ [The Chorus advise suicide.] Kpelooov’ i pépev—‘too heavy to bear’ cf. Soph. O. T. 1293, 7d yap vbonua petrov 7 pépew. é€arradkAdEar—act. for mid. 918 n. {ys has been substituted by modern edd. for MS. ¢wis which does not scan. [1109—1131. Agamemnon attracted by the uproar joins them, and asks Polymestor who has done the deed. Poly- mestor longs to clutch Hecuba and tear her limb from limb. Agam. advises less savage measures, saying that he will judge the matter. ] 1109. ‘For in no quiet tones hath Echo, child of the mountain rock, cried aloud through the host’. This beautiful metaphor illustrates the way in which many a Greek myth arose, Cf. Aesch. Ag. 477, xaais | rndod Edvoupos Siypia Koves. — 1112. yopev—‘ had we not known’. This reading is de- rived from the Etymologicon Magnum (about a.p. 1000); the MSS. reading icuev is cléarly wrong. The best Attic forms are 707, 75no0a, Hoe, RoTov, HoTHY, FoMEV, TOTE, Tjoav. 1113. mapécyxev—‘ would have occasioned’. ay is not ne- cessary, cf. the Lat. sustulerat =sustulisset, Hor. Od. 2, 17, 28. {Many editors read apécy’ av, but as Elmsley remarks Eur. would have written this rapécxev av.] 1114, yop—(I appeal to thee) ‘for’. 1116. %a—out of the verse, as ped 956. a Sie ee iid -HBOUBA. 1119. vol—dat. incommodi. Sotis iy dpa—‘ Whoever he was’, 511 n. 1120. ‘Nay destroyed me not but worse’: i.e. od pdvov aarwrece. For a similar correction cf. 948, yduos, ob yduos d\Aad KT.’ Liv. 39. 28, nec cum Maronitis, inquit, mihi aut cum Eumene disceptatio est, sed etiam vobiscum Romani. peloves-— Many of these forms are found in Attic writers: Thucydides uses évdcecrépws, dopadeorépws, yaherwrépws, warakwrépws, vmro- deeotépws: Sophokles, wecdyws: Huripides, evAaBeorépws. 1122. +l dys;—‘ What say’st thou?’ a formula of surprise. Note the « subscript. ov...cv—Emphatically repeated. A. cannot believe his ears. elpyaoat—mid, not pass. cf. 1085 n. 1125. elit wrov éotlv—‘tell me where he is’, drov is more usual. - 1127. etros—‘ho there’, heus tu. The expression could only be used by a superior to his inferior, the barbarian Poly- mestor being as inferior to Agamemnon as an Indian rajah to the Viceroy of India. al maoxes;—‘ what ails thee?” 1128. ‘Let me go that I may lay on her my raging hand’: Agamemnon had caught hold of him. édetvar=wore édeivat. papydw—desideratives from substantives and adjectives are formed in -dw and -i4w; so Oavaraw, ‘I long to die’, from Oavaros ‘death’: dovdw, ‘I thirst for blood’. 1129. Td BipBapov—‘thy savagery’, viz. ‘the non-Hellenic idea that he might take summary vengeance, Euripides throughout draws a contrast between Savagery as represented by Polym. and Hecuba, and Law as typified in the Greeks, He goes so far however as to make Agamemnon almost an Athe- nian dikast. [1132—1182. Polymestor shortly excuses his crime: if he had not slain the boy there would have been a uucleus for the Trojans and a second Trojan war with desolation for Thrace would have taken place. He then gives a detailed account of the way in which his children had been butchered and his own eyes put out.] 1132. éyoup? é&v—‘ I will gladly speak’, modified future. NOTES. 115 1134, 8&8wo1—historic present. tpépeav=iva rpépormt. Goodwin, § 265. 1135. tUwowros—‘ suspicious’. Verbals in -ros are usually passive; but we find in an active sense miorés, ‘relying’; weur- ros, ‘blaming’; ayevoros, ‘not tasting’; dwaveros, ‘not touch- ing’; and others. 1137. mpopnPia—see 795 n. 1139. dOpoloy, Evvorxloy—-are irregular after the historic é5ecca, but not so much so as to necessitate the optative being substituted. Cf. 27 n, / 1140. ‘That one of the house of Priam was alive’. {évra, predicate, i 1141. ata—for yaza to suit the metre, only found in Ho- mer and tragedians, 1142. trera—‘in the next place’. trdSe—‘ yon’, pointing at them. 1143. Cf, Thue. 1. 11. (The Greeks at Troy) ‘on their arrival conquered the Trojans in battle,—this is clear, for else they would not have been able to build the rampart for their camp,—and evidently not even here did they employ all their forces, but turned their attention to farming the Chersonese and to freebooting’. 1143, yelroves Tpwyv, ‘neighbours of the Trojans’. [This is better than translating Tpwwy Troianorum causa.] ‘And that evil might befall us from which we were lately suffering’, . 1146. #s—with the future participle gives the avowed reason, 511 n.; ‘pretending to be about to tell me’. 1148. pdévov—not inconsistent with ov réxvas, but apart from the rest of the camp and therefore where no aid could reach him. Med, 513, tvv réxvots povn povois. 1149. eide(y—optative after historic present, 1150. Kdprpas yovu— Le. resting. 1151. yepds @& dptorepas—‘on my left hand’. [yefpes of all the MSS. is an evident mistake; the correction is due to Milton. ] 1152. os 8y—‘as if forsooth’. 6, dfra often, 670ev always is sarcastic. 116 HECUBA. . 1153. [Oéxovs txoveai—This is Hermann’s emendation for “@akovv and is preferable on two grounds, (1) The aug- ment is not as a rule omitted in Attic Greek, nor can the e be prodelided after the diphthong of xépa:r. (2) The sense is con- siderably improved.] Kepx(Sa, cause for effect, lit. the shuttle, _ here the garment spun. "H8evijs xepds—‘ of Edonian make’. The Edonians were a Thracian people, and Edonian means little more than Thracian. tm’ avyds—‘bringing them under the rays of the light’, hence the acc. Goodwin, p. 181. 1155. Kdpaxa—‘ spear’, part for the whole, properly only the shaft. Opyxtay—gives the reason why the women wished to see it, 1156. ‘yupvov p’ e@nxav— they stripped me of’, yuurbs, with other words signifying separation [e.g. xevds, épnuos, ] govern the gen, Goodwin, § 174. 7 , _- Surt’xov-crodloparos—‘ my twofold equipment’, i.e. pro- bably, as Weil with one Scholiast suggests, the two spears which heroes carried [not the spear and cloak, for rovcde 7é- mous seems to show that he still had his garments, nor would these be much protection. ] 1158. ‘Kept dandling them in their hands, that they . might be far from their father exchanging them with successions. of hands’, i.e. passing them from hand to hand. [xepév is doubtful, the two best MSS. having da xepds (which 1s unme- trical) written over an erasure. xepév is very awkward after xepoty in 1158.} 1159. yévowro has more MS. authority than yévoiro, Neuters plural usually take a singular verb, but exceptions occur. See 839n, ‘The verse is deficient in caesura. 1160. xKdéra=«xal eira. In a crasis anc is subscript only when the second word contains anc: thus xas for cal és. é«— ‘following’. més Soxets;—‘ Can you believe it?’ often inserted thus parenthetically. Hipp. 446, rotrov A\aBotca, ms doxets, KadvBpicev. . 1161. AaBotoat—supply ai uev to correspond with ai 6é, 62. ~- 1162. ‘While others like enemies clutched and held my hands and limbs’. [‘Like enemies’ is, it must be confessed, very feeble, wodeplwv being a word of wide but not intense meaning, and is much weaker than e.g. éx@pds, cf, Xen. Anab, NOTES. | 117 1, 8.12 6 & dvyp...xaderwraros 8 éxOpds @ dv todéusos J. A man may be at war with another because their countries are at war and yet hive no feeling of personal hate against him, The emendation of Mr A. W. Verrall rro\vréSev is worth con- sidering, being mucl: more graphic, and the change is slight, ‘Devil fish’ grow to great size and strength in the Mediterra- nean.] 1165. ‘Whenever I tried to lift up my face’, éaveralny —optative of repeated effort. Iph. Taur. 325, adv’ ef pvyou tes, drepot mpookeluevot | EBaddov avrous. 1166. K«épns—‘by the hair’, partitive genitive. 1167. mdy%a—' by reason of the crowd’, or as our idiom is ‘for the crowd’, causal dative: 1168. mipa miparos miéov—‘ Woe greater than woe’, i.e, the intensity of the evil demands some stronger name. 1170. awépmras— buckle-pins’, the instrument with which Oedipus put out his eyes, Phoen. 62, xpvonddros mopracou aiudéas xopas, connected with zelpw, pierce. — 1172. éxrndtjcas—‘ having bounded forth’. Tmesis is not rare in tragedy, especially in the choruses, and in almost all cases a monosyllabic word stands between the com- ponent parts. Very rarely the preposition follows as at 504, *"Ayapéuvovos méuwavros, w yivat, mera. 1173. K«tvas—The metaphor is of some great wild beast which turns the tables on the dogs, 1175. rowSe wérov0a—‘ thus have I suffered’. The cog- nate accusative is often represented by a neuter adj.-or pro- noun: the full phrase would be roidde (rabjuara) wérovGa. 1178. tev mplv—‘of the ancients’, elpyxey kaxas—‘ has spoken ill of’. ¢ (kaxds) Aéyw (elpyxa) takes an ace. like eb Spay rTiva. 1179. XAéywv éoriv—an idiomatic form of déyet, cf. Fv avé- xwv, 122. [Porson, after Stobaeus, amends # viv Néyec Tis F maw, Which is neat; but the change does not seem needed. ]} 1180. ovvrepoy—‘in brief’, ‘io be concise’ = curTouws _elruy. 1182. ‘He who at any time comes into contact with them | knows this well’. dl—with the article and participle, loses its signification ‘always’ and is usually placed: between the two, 118 HECUBA, but Aesch. Prom. 973, Oamre Tov Kparovv7’ del. Cicero (in Verr, 5. 12. 29) borrows the idiom, omnes Siciliae semper praetores. érloratat—‘ knows well’, Plato opposes émisrjun, exact know- ledge, to ddéa. [Strangely enough no writer has more bitter sayings against women than Euripides and yet few have drawn finer characters than Polyxena, Iphigeneia and Alkestis: ‘the poet, who was openly reviled in his own day as the hater of women and traducer of their sex, has come down to us as their noblest and most prominent advocate in all Greek literature’. ] 1183, tots o. Kaxois—‘ by reason of thy woes’, causal dative. 1184. pépapy—subj. uy uéudy the reading of some MSS. is bad Greek. 1185, 6. Probably spurious. As the verses stand émipBovor must = ‘ unjustly hated’ which seems impossible. Hermann’s correction dvrdpiOuor for eis dprOudv through a gloss icap:Ouo is clever: Hartung substitutes mro\Awv for woddal: Porson reads moval yap ovdév ets’: Reiske ray cakav. But the verses appear _ to be past mending, being the insertion of a copyist who wished to qualify and expand 1183, 4, [1187—1237. Hecuba (to Agam.) ‘Let no specious pleading make the worse appear the better cause’; (turning fiercely to Polymestor) ‘I will expose thy subterfuges, thy greed slew my boy. Why didst thou not, while Troy yet stood, kill him or send him a prisoner to the Greek camp? Again, thou shouldest have given the gold to the Greeks when they needed it, but that thou still holdest. If thou hadst safely guarded my son thou wouldst have gained fair repute and have found in him a treasure to supply thy lack of money; now, thou hast lost all!’ (To Agam.) ‘Thou wilt be villain if thou chalt help him’.] 1189, &pace—se. 6 dvOpwros understood from dvOpwras. For the Sing. ef Androm. 421, olkrp& yap Ta Suocrvxy | Bporots dmact Kav Ovpatos av Kupy. 1190. _caSpovs—‘ unsound’. 1191. rd8uxa —‘injustice’, subject of divacAa [or ‘to make a good defence of injustice’, 1178 n, In either case, the sophistic and rhetorical plan of making the worse appear the better reason is alluded o 1192. raSe—i.e. 7d ev Aéyew rddixa, akptBdw— learn ac- curately’, ‘reduce to a system’, with a disparaging sense of subtle refinement. NOTES. 119 -1193.. Sdvatvr’ dv—more idiomatic than the variant dévay- ra: they find out at last that they have not been so clever as they thought. . 1194. dmrdd\ovro—‘are wont to perish’. See 598 n. Good- win, § 205. 2. 1195. ‘And so stands thy relation to me by way of pre- lude, now I will turn to him and will answer him with my words,—thow who sayest that in removing a double toil from the Achaeans thou didst slay my son.’ 8trAotv révov—i.e. a second siege of Troy. adamakAdcowv—the present often gives the aim or effort of an action, and so Nauck’s aradAdéov is not needed. &s gys—for the abrupt change of person cf. Xen. Anab. 1. 3. 20, xdv per @ éxel, rhy Sixny pn xpptew émidetvat ait@, qv 5é devyn, nuets exe? mpds Tatra BovrAevodpmeda. *"Axatov—ef, 1141 sq. 1198. &kari—a Doric form; others used in tragedy are -*AOdva, Sapos, kuvaryos, rodaryés, Noxayéds, Eevdiryos, dradds. 1200. adv, dv—cf. notes on 359, 742. 1201. In bitter allusion to Polymestor’s words 1175, rode orevdwy K.T.A. 1202. «mérepa xndevowv—‘ didst thou mean to make a mar- riage alliance with one of them?’ i.e, with a Greek family. 1203. 4 tly’ airlav;—‘or what other reason?’ cf, 1264, 7 _ woly TpdTy ; 1206. BotdAovo—the optative suggests the improbability that Polymestor will speak the truth. 1207. Kal KépSy ta cao—‘ ay, and thy gains’, i.e. thy greed. 1208. érel S{8aEov—‘ or else tell me’; cf. Soph. Oed. Tyr. 390, éel dép’ elzré. 1211, 8&—‘I say’, resumptive, vi taking up the question of 1208. 3 1212. @Oér8ar xapiwv—‘to win thyself grace in his eyes’. The middle sense is to be noted. 1214, éopév— Now that we are no longer in prosperity’. So the two best MSS., the rest juev. év bda—a common me- taphor. 1215. ‘And the city showed by its smoke that it was ip. the enemy’s hand’, Cf. Aesch. Ag. 818, xkarvg & ddoica vu E. H. 9 120 HECUBA. ; ér’ etonuos rods. [The verse halts somewhat and no satis- factory correction has been made. Canter conjectured xamvés =‘cum hostium manu nihil nisi fumus vestigia urbis signifi- caret’. Weil for io reads dapév ‘subdued by the enemy’.] 1216. Karékras—from stem «ra-, a collateral form of kTelvw: extav, Extras, ExTd, Exrdpev. So €Bynv from Balvw, éxrny from wérouat, €POnv from Péavw, épav from didipdcxw, éduv from dvw, and others. Goodwin, § 125. 1217. avyjs—‘in order that thou mayest be seen’, aorist — passive. [gave?t, fut. mid. has less authority =‘how thou wilt be seen’. ] ; 1218. elwep ‘jo8a—the imperfect indicative implies that the excuse was false. Goodwin, § 220. 1. a. (2). 1219. rovSe—i.e. Polydorus, who has been alluded to 1216. 1223. troApas—‘canst not bear’, in animum inducis, cf. 832. : KapTepeits—‘ persistest’. 1224. Kal pyiv—‘and look you’, introducing a new phase of her argument, cf. 216 n. «déos [./xAeF, ‘reputation’, whe- ther good or bad, from Indo-Germanic ,/xru. Cf. Lat. gloria.] 1226. Cf. Ennius, quoted by Cicero, Lael. 17. 64, amicus certus in re incerta cernitur. Shakespeare, Haml. 111. 2. 217: ‘Who not needs shall never lack a friend, and who in want a hollow friend doth try, directly seasons him his enemy’. dyalol=ol dyaol, by crasis, so dvhp=6 dvip. 1227. ‘donec eris feliz multos numerabis amicos’. at6’ tkacra—‘in each case of itself’, Lat. wltro. 1228. 6 8t—Polydorus. et éomayvfes—‘if thou wast in want’. Goodwin, § 220. 1. a. 1230. éketvov &dv8pa—Agamemnon. 1231. matSés tré cor—sc. olxovrat. [Porson places the comma, not after co, but after ofyerac: when we must supply apdocovow woe.] 1232. #Se—with a scornful gesture. 1234. ols éxpqv—se. miordv elvat. NOTES. 121 1236. ‘We shall say that thou takest pleasure in the wicked and art thyself of like nature’. avdrov gains emphasis from its prominent position. 1237. Hecuba suddenly seems to remember that she is but a captive slave, and in a manner apologises for the vehe- mence of her words. [It is noteworthy that Hecuba’s speech 1187—1237 has exactly the same number of verses as the corresponding one of Polymestor, 1132—1182]. 1238. ded dev—‘ well, well’, usually but not always ‘ par- ticula dolentis ’, ; [1240—end. Agamemnon decides against Polymestor, who turns upon Hecuba and foretells her change into a cur (the origin of xuvds ofjua), the murder of Kasandra and of Aga- memnon himself. Agamemnon orders him away to banish- ment, Hecuba is to bury her dead, the Chorus of Trojan women to repair to their several masters, time for sailing is at hand. The Chorus end up the play with a short expression of enforced submission. ] 1240. dx@avd—the predicate in Greek is often put in the plural where we should have expected the singular; cf. 1107 n. 1242. dAaBdvra—not AaBuv, because in an accusative and infinitive clause after aloxvvyny pépet. -1243. &pajv xdpiv—‘ for my sake’, cf. 873 n. 1244, ot? ofy—‘nor indeed’, ojy resumptive. “Axavoy— 8C. XapLy. 1245. @ys—depending grammatically on doxe?s, not on aroxreivat, a8 it strictly should; the mood implies that she charged him with still wishing to keep the gold. ; 1247. pdSvov—‘ a light matter’. 1249. pr) dduxetv—to be pronounced pddixetv. byo—de- liberative conjunctive, Goodwin, § 256. 1251. tAne.—‘ put up with’. 1252. -yvvatkds tjooupeveos—‘ worsted by a woman’. The genitive may either be due to the comparative notion in the verb, or, as seems more likely, the genitive of the agent (fairly common in poetry, e.g. Soph. Aj. 807, gwrds Hra- THpevn), a variety of the genitive of the source. 1253. tots kaxloo.y—‘ to my inferiors’. 9—2 122 HECUBA. 1254. Most MSS. give this verse to Agamemnon, but most editors follow Hermann (who says ‘regem semel dixisse sententiam sat est’) in assigning it to Hecuba. 1256. Cf. Alk. 691, xalpers dpwr Pas warépa F od xalpew Soxe?s; tma1dds—‘ for my child’. 1259. GAN od Tadxa—seC. Xatpyoers. 1260. Gpovs—‘to the boundaries’; this accusative of the place whither, without a preposition, is poetical. Cf. Bacchae 5, mdpeut Alpxys vawat "lopnvod 0 vdwp. 1261. pév ody—‘nay but shall have hidden thee fallen from the mast head’; cf. immo, immo vero in the Latin drama- tists, used to correct a former statement. 1262. ‘At whose hand shall I meet with a forced leap’. TOU ;=Tivos ; 1264. dtmomrrépois voirovot—i.e. with wings upon my back. 1265. The accounts of the metamorphosis and death of Hecuba are, as might be expected, very various. Kynossema (kivos ofa) was a promontory in the Thracian Chersonese which was supposed to gain its name from her: Ov. M. 13. 568 sq. rictuque in verba parato | latravit conata loqui. Locus extat et ex re | nomen habet. Juv. 10. 271, torva canino | latra- vit rictu. Ov. M, 13. 565 makes the Thracians stone her to death because of her murder of Polymestor, when she was changed into a dog. Cicero, Tusc. Disp. 3. 26, Hecubam autem putant propter animi acerbitatem quandam et rabiem fingi in — canem esse conversuam. Plaut. Menaechmi, 701—705. 1267. 6 Opnéi pavris—‘ the Thracians’ seer’, the dative differing little in sense from a genitive, cf. Phoen. 17, 6 O7- Bouow evirmas dvaé [Herodotus 7. 111, ‘the Satrae possess the oracle of Dionysus; this oracle is on the highest moun- tains ; the Béssi are those Satrae who give forth the oracles of the shrine, and it is a priestess who delivers them as at Delphi, and (this oracle) is no more intricate’.] 1268. expyoev—of the god, éxpjocaro would mean ‘ con- sulted the oracle’. 1269. ‘No, for if he had’ &c., sc. ef éxpycev. 1270. ‘Shall I die where I fall or survive and live my life out there?’ (ék- intensive). [Musgrave says of éxm\jow Blor, ‘hoc cum @avovca coniunctum ridiculi aliquid habet; cum taoa tautologici’. So he conjectures wéruov, Brunck pédpor, NOTES. 123 while Weil would change éxmAnow into éxorjow, i. e. weraBard Blov eis rdde.] 1272. # rt comes in parenthetically between the substan- tive and the article and pronoun qualifying it, and is equivalent to 7 7i dAdo; cf. 1203 n. 1273. Kvvds onpa—cf. 1265 note. 1275. «al...6é—‘yes and’, the word between being em- phatic. | 1276. dawérrvoca—cf. 382 n. 1278. pajrw—a modest equivalent of wjmrore. Cf. Soph. El. 403, ob dfjra* whrw vod rocbvd etnv xaxdv. Tvvbapls rats— Klytaemnestra: the phrase is pleonastic. Cf. Goodwin, § 129. 9. 1279. ‘rovrov—sc. xreve?. 1280. otros—heus tu, 1127 n. 1281. The construction involves an ellipse:—‘ You may kill me if you like, but it will avail you nought, since &c.’ The murder thus prophesied is told in the Agamemnon of Aeschylus. Strictly speaking, Mykenae was the royal city of Agamemnon, but in the time of Euripides the neighbouring town of Argos had put it into the shade. dppéver—‘ awaits’ = dvaméver, 1282. ovx dfere—‘drag him forth’. od with the future interrogative is a strong command, Soph. Phil. 975, ov« ef;=‘ begone ’. 1284. elpyra.—‘I have said my say’, for the force of the tense cf. 236 n. vicev épyjpev depends upon mo, cf. 455; Goodwin, §§ 168, 182. 2. For the penalty, cf. Od. 3. 270 (Aegisthus), 57 rére Tov pwev dovddv aywr és vnocov éphuny | Kad- Nurev olwvotow Edwp kal kipua yevécOat, 1286. Kal Alav=vel maxime, cal intensive, cf. cal pada, Kal mon, 1287. Surrixovs—‘ two’. So Lucr. duplices oculos, 1290. ropmlpouvs—‘to convey us’, active. ép#—The Greeks did not accurately distinguish between the various senses, cf. with op® mvods, Aesch. Septem, xrimov dédopxa. Cf. 1069 n. 1294. trav Sermocivev poxSav—the evils of servitude: cf. Aesch. Persae 587, ovxéri decpopopotcw Seorocivorow avayKais. METRICAL NOTES. noe Anapaestic: the difficulties are in the following ines :-— 62. AdBete Héplere wéurler’ delp|eré wov. The four short syllables in the first foot are counted as equivalent to an anapaest, ~~~, and are justified by the rapid and excited tone which Hecuba assumes. The déuas of Porson is not necessary. 69. rt mor’ atpouat évyvxyos odrw. A paroemiac, unless we insert dp’ before alpoua, when we have a full but rather ugly anapaestic dim.: Hartung, contrary to all authority, suggests évvuxiors. 76. poBepdy | By %u|aboy é4| qv. The 8rd foot like the Ist in 62. idov (ie. eidov with augment omitted) has been suggested after dy. 83. 7 véov, final syllable is lengthened in pause. 90, 91. Dactylic lines, as are 74,75. The reading dvolkrws removes all difficulty. If dvdyxg in 90 and olxrpds in 91 be retained, then olxtpés may be repeated and xal rdde wor Seip’ read, the final syllable being elided by synapheia. 100—154. Ordinary anapaestic system. — 155—177. Anapaestic, spondees predominating: the diffi- culties are in 164, 5, two paroemiacs together. yv@y is inserted by Mus- grave after daluwr. 168, dactylic. 169. dyacrés év Pde, dim. iamb. brachycatalectic. 170, 171. Two paroemiacs together as in 164, 165. Herm. puts zrods in 170 and reads ynpalg. — METRICAL NOTES. 125 178—215. Anapaestic, difficulties being in 186. 7b wor’ dvacrévers. A trochaic or dochmiac inter- spersed. we ge 188. zl 768 dyyé\X\ecs. To correspond with 186 Herm. read ri 8’ 6 705’ dyyeXels. 191. IInAelg yévyg, anapaest. monom. hypercat. Herm. reads IInelda, yévr’, the a cut off by synapheia. 194. ydvvoov, warep, anapaest. monom. hypercat. 201, anapaest. dim. brachycat. 202, anapaest. monom, hypercat. Herm, amends * * * éxOlaray appytrdv 7 wpoe Saluwr. 209, 210. Cf. 168, 169. 215. Not a paroemiac, as it should be at the end of a system. Musgrave amends tuyruxlg xpelocov’ Exupoev. 444-485. Glyconic, the base of which is a trochee; in Latin glyconic=trochee or spondee followed by two dactyls. Observe that the lines generally begin with a single syllable, long or short, and then break into a dactyl followed by trochees or spondees. Observe also that the concluding lines of orp. a’ and dvricrp. a’ have 11 syllables, and that in 474 and 483 a spondee is put for a dactyl. 629—657. Dactylico-trochaic, with rather frequent spon- dees: 632, 641 must be scanned as antispasts, i.e. iambic fol- lowed by trochee, any equivalent foot being substituted: thus “Arka dpds || eiAdrt| vay Kaxoy | TE UE || podvrids | yg. 633—642, preponderance of short syllables, which must be contracted: as é sim. ss é|raue@’ ad| cov ém’ | x.7.d. 684 sqq. In the irregular lyric utterances of Hec. we find the general dochmiac character (of which according to Herm. there are 48 varieties). The simplest form is ~-—~—. Iamb. dims, and trims. are interspersed; but we are not to expect a correspondence of str. and antistr. 906—952, dactylico-trochaic. 126 METRICAL NOTES. — 1025—1034, dochmiac, the long syllables being sometimes resolved. .1030 is pure dochmiac. In 1033 ié is to be counted as one syllable; with the ordinary reading Aidav, the -av would have to be shortened. 1056—1084. ‘The metre here is very irregular: there is & preponderance of anapaests and dochmiacs. Thus 1056, anap. dim., reading due to Herm. 1057, anap. paroemiac. 1058, dim. dochm. : 1059, dim. dochm. with resolved syllables; observe quantity In trotav. # 1060, 1, anapaest. dim. 1062, dochm. preceded by a resolved cretic (-~—) Ididdds. 1063, dochm. dim. 1064, anap. dim. 1065, anap. monometer. 1066, doch. dim. 1067, trim. iamb. brachycatalectic. 1068, doch. monom. 1069 1070 1071 , different anapaests, 1072 1073 1074, doch. dim. 1075 1076 1077, dochmiac. 1078, dochmiac + final cretic: text corrupt. 1079, anapaest. monom. hypercat. 1080, two ecretics, unless dre or ws be read, when line is- dochm. 1081, dochmiac. 1082, anapaest. dim. 1083, iamb. dim. brachycat. , anapaests. METRICAL NOTES. 127 1084, iamb. dim. brachycat. 1088—1105, dochmiac, cretic, iambic and trochaic. 1088, 9, doch. monom. 1090, doch. dim. 1091, troch. dim. iw one syllable. Cf. 1099. 1092, iamb. monom. + cretic. 1093, troch. dim. cat. 1094, iamb. trim. 4 coalesces with ovdels. 1095, iamb. monom. hyper. 1096, iamb, dim. 1097, troch. dim. cat. 1098, troch. monom. hyper. 1099, troch. dim. 1100, two cretics resolved. 1101, cretic monom. resolved. 1102, troch. dim. cat. 1103, dactylic. 1104, 5, 6, dochmiacs. 1293—1295, ordinary anapaestic system. INDEX. [CHIEFLY GRAMMATICAL. | A & (Doric), 59, 156 del, 1182 alper, 528 alpw, delpw, 107 aloxtvouat (w. inf.), 552, 968 axovw, 576 andra, ‘at any rate’, 391 GAG yap, 724 ado, 643 Gore, 28 dumrdpuevos, 1100 audlaupos, 473 av (doubled). 359, 742 dva.(in composition), 1040 dyrt (in comp.), 57 avrionKkdw, ib. drbBrerros, 355 apa, 511, 1119 are, 82 aviw, avédvw, 20 abstraction, personified, 293 accusative, absolute, 121, 506 = adverbial, 873, 1044 eS cognate, 645, 912, 962, 1175 is double, 49, 285, 579, 812, 988 accusative, of reference, 114, 356, 359, 433, 664, 910 . ~ w. verbs of motion, 53, 1260 Ss from nom. in -eds, 882 active for middle, 918, 1108 adjective in -atos, 32 a in -ds, 444 “a in -ca, 70 » in -oeldns, 81 » im -us, 659 2. of two terminations, 69, 151, 296, 592, 659 5 attributive, 101, 131 » proleptic, 113, 533, 782, 797, 1031 » temporal, 69 » W.gen.=superlative, 716 anachronism, 510 aorist, forms of, 672 », infinitive, 5 », Aolic, 820 »» gnomic, 598, 847, 1194 », loosely used, 369 momentary, 382, 967, 1276 INDEX. aorist, = pluperfect, 571 article, 354 attraction into relative clause, 771 asyndeton, 86 augment, 18 B Prérw= ‘live’, 311 ¥ yap, 89 ye, 246, 745, 766 ve wévrot, 600 caesura, 355 change of construction, 539 », Of tense, 21, 189, 266, 963, 1134 collective sing. w. plural verb, comparative double, 377 conjunction final, 27, 818 conjunctivus delib., 88, 422, 737, 738, 1042, 1057 tga allusion, 458, 51 crasis, 1094, 1160, 1226, 1249 cretic final, 383, 507, 729 genitive, yduwy=epl yap. 350 » vyourdrwy, 752 rs w. éxouat, 398 * W. mot and zrov, 455, 1064, 1285 op XEepos, 523 » causal, 157, 211, 238, 661, 752, 783, 962 + _-W. verb of depriving, 324 » definitive, 65 soit oh te exclamation, 475 » We. neut. adjective, 193 129 genitive, of object aimed at, 34 es objective, 715, 973 » Of origin, 379, 420 » _ partitive, 64, 242, 275, 610, 716, 906, 1166 » of place, 401 -s possessive, 478, 844 5, Of price, 360 ° » Of quality, 199, 211 » Of separation, 421, 606, 1031, 1156 ‘“ subjective, 715 Greek confusion of senses, 1069, 1290 A dacdaXeos, 470 Seordrns, 397 54, 116, 258, 413 04 more, 484 d7jTa, 247, 367, 623, 756 dua Ww. gen., 851 dia in comp., 65 diadoxos, 588 duadépw, 595 dtos, 458 doxeiy (tech. term), 109 Soxody (absol.), 121 doxobvres, of, 295 Sopl, Sdpec, 5 Soplkrynros, 478 66a, 370 dtvy, 253 Svpouat, 740, 1057 dative, adverbial, 100 », Of agent, 309, 863 », causal, 251, 958, 1167, 1183 »» commodi, 41 130 dative, ethical, 182, 197, 605, : 674, 889 =gen., 422, 1267 incommodi, 1119 of manner, 100 of motion, 207 of place, 682 of reference, 595, 660, 1054 Derivations. Alins, 2 drdorwp, 686 ddlacros, 85 dpéyapros, 193 durrvé, 465 dv O5xpoKos, 471 dipOpov, 67 Barids, 90 dlaruxos ‘two’, 1287 Sptrrw, 651 éyxovéw, 507 Owiicow, 115 ipods, 804 kepkts, 352 KAéos, 1224 Kémis, 133 Koppos, 474 Aevpds, 700 wrdE, 8 mrdrn, 39 mwoprn, 1170 oxlarwv, 65 oxldvarar, 916 oxétruos, 783 Tddas, 20 xAwpos, 129 ddcyavov, 876 gpolmov, 162 ppoddos, 1b. dialect (Doric), 59 Dorie forms, 1198 INDEX. E eddnv, 76 ei w. impf. 1216, 1228 el (wish), 836 -et, not -7y in fut. 408 elpyacrat, 264, 1085, 1122 elpyw gi , 605 elpjoerat, 825 elpjcbat, 236 elra Sra, 623 éx (‘after’) 55, 915 éx (‘by’), 407 éx in comp., 1270 éxet (in Hades), 418 éxei0ev (=éxet), 731 éxmrodwy Ww. dat. 52, 1054 éXmls, 370 évyuxos, 69 érgoow, 1070 émeperdouevos, 114 érevxouat, 542 éml w. ace. 514, 522, 634 — w. dat. 648, 822 — in comp. 111, 542 ércgvéw, 583 éoTw W. adv. (= exer), 7 732 éorw H, 857 éow, 616 evoxjuws, 569 éheordavat, 363 éppdaOy (mid.), 546 éxw w. did, 851 éxw W. particip. 1013 éywv, 994 ellipsis, 186 epithet transferred, 65, 772 euphemism, 414, 418 future, 485 fhv, 350 INDEX. ne, 323 nKw, 1 qopmev, 1112 now (intrans.), 164 nd (augm.), 18 hendiadys, 540 Onrus, 659 © Oupovmevor, 299 I Ynme (intrans.), 164 » quantity of, 900 iva, 27, 102 wa (w. past tense of ind.), 818 iva (where), 711 ; Yorn, 494 imperfect (force of), 96 infinitive (a subst.), 5, 214, 374, 1076, 1107, 1128 interrogative (=neg.), 349 Ionic forms, 752 juxtaposition, 45, 126 K xal (intens.), 1286 kal—dé, 1275 ~ xal On, 758 kal piv, 216, 317, 665, 824, 1224 kal tis (ris cal), 515 xépa (‘person’), 677 xard (in comp.), 132 kardpxoua Ww. ace., 685 xatéxtav, 1216 Kar nuap, 628 ketuar, 418, 496 Kéxev0a, 880 KéxAnua, 480 131 Kepdalvouat, 518 kepkls, 362 Kpovvol, 568 Krnels (pass.), 448 kupetv (w. acc.), 697 A Aaédprios, 401 Aawuos, 565 Adxawva, 651 Aééex (mid. or pass.), 906 Atvopat, 438 Aumpos, 362 locative, 41, 152 M pev.,..GAG, 824 pev ovv, 728, 1261 peré, (in comp.), 213, 509 », W. dat., 355 perakAralouat, 213 peractelxyw, 509 ph (and ov), 235, 282, 378, 608, 874 wy (after word which it quali- fies), 12, 867 pn (=Tod 7), 338 pnde (and ov5é), 394 pena (=pnrorte), 1278 pn ovye (formula), 408 pvptos, 606 pov, 676 masculine (of women), 237 metaphors, 29, 144, 379, 403, 553, 560, 583 - ynvepov, 533 pw, 515 viv, 357 132 negative (after word which it qualifies), 12, 867 neuter, 591 », plur. w. sing. verb, 839 nom. (for voc.), 534 ton ” tuvéraice (intrans.), 118 .@) 6 (=6’ 6), 13 éyxéboua, 623 86e, 92, 203 olda (declined), 698 ; olds TE, 15 ola 8” ovv 6 Spacov, 225 omws, 398, 1080 dpa Oar (= épay), 319 Ggov ov, 143 dots, 55, 297 ov (='no *), 399 ob mi (w. aor. conj.), 1039 od nv, 401 ovder (adverb), 106 ouvexa, 787 ovros (= heus), 1127, 1280 optative (force of), 854 » Of indef. frequency, 819, 1165 oxymoron, 612 II way (in comp.), 500 mapa, 34 mapd. (in comp.), 288, 587, 703 wapdoxes, 842 mapodos, 100 mwepirintw, 498 rin, 471 mwrabeioa, 890 wAny, 356 mot vaowr, 447 INDEX. moreos, 866 mwopevw, 447 mote (in petitions), 69 morvia, 70 mov =67rov, 1125 mpaccev and rroveiv, 56 mplv, 135 mpodeirw, 438 mpos (in comp.), 64 mpos Biav, 406 mpoTiecOa, 613 mrons, 767 ropa, 392 mas Kal, 515 parenthesis, 1160, 1272 participle w. article (=subst.), 299 rr; w. verbs of emotion, 244, 342, 397 » fut. (force of), 143 ~. loosely used, 369, 386 — two together, 358 particle of comparison, 82, 179 » Of emphasis, 246, 745, 756 » Of interrogation, 69, 116, 247, 258, 676 » Of time, 112 patronymics, 583, 1278 passive perf.=mid., 264, 801 perfect 2nd, 433 person, change of, 1195 play on words, 427, 441 pleonasm, 104, 1278 plural for sing., 82, 237, 265, 386, 415, 514, 616, - 1107, 1240 » verb w. two nouns, 89 », vague, 403 praegnans constructio, 419 preposition omitted, 146 present, force of, 79, 91, 340 ‘ INDEX. prohibition by interrog., 1282 proleptic epithet, 113, 533, 782. 797, 1031 pronoun, understood in adj., 23 P pp=ps, 8 z calpey, 362 oébev, 850 gtya and olya, 531 oxéros (gender), 1 orovdy, 100 ovyKkvjew, 430 ape, 260 senses, confusion of in Greek, 1069, 1290 sequence of tenses, 27, 712, 818, 1139, 1149, 1245 subject, change of, 488 substantive (=adj.), 120, 137, 1253 superlative, double, 620 _ stasimon, 444 T Tay (=v), 473, 636 Te, position of, 80, 426 _ -rt (adv. in), 617 tts (collective), 649 ,, (enclitic), 370 TAnwv, 562 70 éri ce, 514 Tot, 228, 606 Tptratos, 32 iene Ag ace.), 51 rine, 4 133 Tupavvos, 366 T@ (=v), 448 tense, sequence of (see se- quence) change in (see change) tmesis, 99, 504, 1172 - t76, in comp., 6, 812 »> W.gen., 53 Uromros (active), 1135 i peyyos, 367 gepros, 158 ged (of contempt), 863 ged, 1238 dopovmevos, 29 dvdAAOs BddAewv, 574 ptpw, 496 x xapaxrynp, 379 xapw, 873 xiovwdys, 81 xXpeav, 282 xXpyv (= éxpiv); 629 » (=Xxptva), 260 xXpGpya, 311 ws, 622 », (=to% ws), 346, 400 », W. participle, 511, 1146 ws av, 830 wore (of comparison), 179, 337 apetrov, 394 CAMBRIDGE: PRINTED BY C. 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【经济研究】企业持续创新动力模式及制度要素分析段云龙，杨立生 (1.昆明理工大学管理与经济学院，云南昆明650093；2.云南民族大学经济与工商管理学院，云南昆明650031) 摘要：企业的技术创新贵在持续，也难在持续。只有持续不断地推出新的技术创新项目，才能提升企业的核心竞争力，因而有必要研究企业持续创新动力模式。企业持续创新动力模式与技术创新动力模式最大的差异在于如何确保企业具备持续不断的动力来进行技术创新，而非在一段时间内推出--两个创新项目而享受创新垄断利润。因此，在设计企业持续创新动力机制时有必要引人制度因素，只有做出合适的制度安排才能确保企业创新动力的持续性。关键词：持续创新；创新动力；持续创新动力；制度【中图分类号】F271 【文献标识码】A 【文章编号】1672-867X(2007) 02-0076-04 创新是一个民族进步的灵魂，是一个国家兴旺发达不竭的动力。创新贵在持续，只有持续不断地推出新的技术创新项目，企业才能获取持久的核心竞争力。创新也难在持续，只有少数企业能够持续不断地推出新的技术创新项目，成为持续的技术创新领先者。而阻碍企业实现持续创新的最主要的原因是企业缺乏持续的创新动力。许多企业已经意识到进行技术创新对于提升企业核心竞争力的重要性，也意识到增强企业技术创新动力的必要性，但是在增强企业技术创新动力时更多地强调短期收益，只要能够激励研发人员推出一两个技术创新项目，在一段时间内享受创新垄断利润即可，因而企业很难在较长时间内具有持续不断的创新精神和动力。基于此，有必要从现有的技术创新动力模式入手，研究现有技术创新动力模式的不足，再结合持续创新的特性，设计出适合企业的持续创新动力模式，明确提升持续创新动力的各要素，这将对于推动企业持续不断地进行技术创新研发，提升持久的核心竞争力具有重大的现实意义。一、关于技术创新动力以及持续创新动力的研究熊彼特在1912年就开始对创新动力进行研究。他认为创新的原动力来自于企业对超额利润的追求和企业家精神，这一论断构成了现代创新动力理论的基础。1(P73-74)现代创新理论的研究者弗里曼根据熊彼特的这一思想总结出著名的熊彼特创新模式T(图1)i2，(P212)。这一模式高度强调科技发明对于推动企业创新的重要作用，其实质就是技术推动模式。熊彼特在晚年时对垄断性企业在推动创新中的巨大作用进行了研究并给予了高度的评价，这一思想则被弗里曼归纳为熊彼特创新模式Ⅱ(图2)。12\](P213-214)总体而言，熊彼特高度强调了技术推动型创新以及企业家精神在推动创新中的重要作用，但是这两个模式都具有一定的历史局限性。模式I过于简单，仅仅把技术创新的动力归结为科技发明推动；模式Ⅱ过度强调了大型企业在技术创新活动中的重要作用。但是必须承认，熊彼特提出的这两个创新模式已经超越了当时许多经济学家的研究范畴。图1熊彼特创新模型Ⅰ 图2熊彼特创新模型Ⅱ 【收稿日期】2006-10-24 【作者简介】1.段云龙(1977-)，男，云南鹤庆人，昆明理工犬学管理与经济学院博上生，云南财经大学国际工商学院讲师。 2.杨立生(1966-)，男，云南鹤庆人，云南民族大学经济与工商管理学院副教授。熊彼特之后的技术创新研究者，对技术创新动力也进行了大量的研究，在20世纪50至80年代提出了一系列的技术创新动力模式。归纳起来主要有：技术推动论、市场拉动论、技术和市场共同作用论、政府启动论、企业家创新偏好驱动论、技术轨道推动论等。这些模式的最大缺陷在于仅仅把一个至多两个因素归结为技术创新动力因素，而且这些模式所提出的动力要素不能保证企业能够持续不断地推出技术创新项目。基于对以上技术创新动力模式缺陷的修正，昆明理工大学的向刚教授结合技术创新的人本特性、系统特性以及可持续性，提出企业持续创新动力模式(如图3所示)。314这一模式强调了企业持续创新的动力主要来自于企业对利润持续增长的追求和企业能够得以长期发展的目标。影响企业持续创新动力的要素包括企业内部要素和外部要素，所有这些因素相互耦合、相互影响、相互作用，形成了企业持续创新的强大而持久-的系统动力。总体而言，该模式能够比较好地反映出创新动力的要素及其要素间的相互关系，比较全面地归纳和总结出推动企业持续创新的动力要素。但不足之处在于，该模式提出的推动持续创新的动力要素不全面，也没有高度强调制度因索的重要性，结果导致很难持久地增强企业持续创新的动力。要使企业具备持续的动力以不断地推出新的技术创新项目，有必要高度强调制度因素的重要作用。图3 企业持续创新动力模式二、企业持续创新动力模式的构建在综合了现有的技术创新动力模式和持续创新动力模式的基础上，考虑制度因素在提高企业持续创新动力中的重要作用，并结合企业持续创新需要社会效益和经济效益实现统一的特性，本文构建出如下企业持续创新动力模式(如图4)。图4 基于制度结构的企业持续创新动力模式由以上企业持续创新动力模式可看出，企业对社会效益和经济效益的不断追求成为持续创新的源源不断的动力。具体而言，持续创新动力来自于企业的内部动力要素和外部动力要素，内部动力要素其实就是企业的制度结构，企业制度结构分为非正式制度结构和正式制度结构。非正式制度结构包括企业家持续创新意识、企业家持续创新精神和企业持续创新文化；正式制度结构包括企业产权制度、企业家接任机制以及研究部门的制度化和内部化。所有这些内部要素促使企业持续不断地追求经济效益和社会效益，从而产生持续创新的不懈动力。外部动力要素强调了科学技术的发展以及国家创新系统和区域创新系统对持续创新的重大推动作用。该模式综合了现有的技术创新动力模式以及持续创新动力模式而构建出来的，它强调了制度因素在增强企业持续创新动力的重要作用。在设计出企业内外的制度安排后，企业只需有效地执行设计出的制度安排，就能够保证技术创新动力持续保持下去。三、企业持续创新动力的制度要素分析为了能够更清晰地反映制度因素在增强企业持续创新动力中的重要作用，有必要对影响持续创新动力的具体制度因素进行分析，以明确各个制度因索如何增强企业持续创新的动力。企业持续创新的内部动力因素其实就是企业制度结构耦合的结果。根据国内外许多制度经济学家对制度结构的界定，制度结构可分为正式规则和非正式规则。正式规则可细化为人们有意识创造的一系列政策规则的总和，其中包括政治(及司法)规则、经济规则和契约；非正式规则指人们在长期交浴中无意识形成的，并构成代代相传的文化的一部分，主要包括价值观念、规范、道德观念、风俗习惯、意识形态等。15(P52)因而，持续创新的制度结构就是指连续不断地促进和支持技术创新的各种具有不同地位和作用的正式制度安排与非正式制度安排以及它们的实施机制耦合而成的制度体系。根据这种划分方式，企业技术创新的产权制度、奖励制度、企业家接任机制、研发部门的制度化、风险投资制度等属于正式的制度安排；而企业家持续创新意识、企业家持续创新精神、企业文化以及企业团队精神等属于非正式的制度安排。正式的制度安排中最重要的就是产权制度，按照新制度经济学家的解释，产权指的是“由于物的存在和使用而引起的人们之间一些被认可的行为性关系……社会中盛行的产权制度便可以描述为界定每个在资料利用方面的地位的一组经济和社会关系。”i5\](P79-80)产权制度之所以最能够给创新者以刺激，在于它直接规定了创新者与创新成果之间的所有关系。企业家与员工愿不愿意创新，与创新收益的多少密切相关，而创新收益在很大程度上取决于创新者与创新成果之间的产权关系。产权能够在长时间内维系创新者与创新成果之间的关系，促使创新者有为获取创新收益而产生进行技术创新的动力。不断推出新的技术创新项目，持续地成为技术创新领先者，从而享受创新垄断利润也就成为企业持续创新的源源动力。企业家接任机制对持续创新动力的影响也是深远的，如果没有一套企业家接任机制，企业没有把过去政府主导型的接任机制转变为市场主导型的接任机制，就无法发挥企业家持续不断创新的精神，更不会有持久的动力进行技术研发。企业研究开发制度指研究与开发的企业内部化、制度化。过去众多的发明依赖独立的发明者和独立的实验室，但是随着创新技术含量的增加，仅仅依靠独立的发明者和实验室不可能进行不断地创新。因而企业内部的研究部门内部化和制度化就显得更加重要。正如怀特霍德指出的，19世纪的最大发明是发明方法的发明。is\](1\*7)此处的发明方法的发明就是指研究与开发的制度化、内部化。研究与开发的制度化与内部化有助于企业把研发部门置于非常重要的地位，不仅使研发人员意识到自己的面包和黄油取决于自己的发明创造，而且能够在企业内部营造合作创新、全员创新的良好氛围，也使研发人员的观念转变到不断地进行技术创新是自己为之奋斗的事业，这有助于使研发人员产生源源不断的动力进行技术创新。影响持续创新动力的非正式的制度规则最主要的就是企业家持续创新精神、持续创新意识以及企业文化。企业家持续创新精神和持续创新意识是推动企业持续创新的非常重要的非正式制度结构动力。在企业家持续创新精神中，除熊彼特提出的“企业家”精神的基本内涵，还有为实现企业的持续创新与发展目标而锲而不舍地寻求和捕捉机遇的执着精神，企业家要有“要么持续创新，要么灭亡”的思想，以及在人类追求社会、经济、生态环境可持续协调发展的时代背景条件下寻求和抓住机遇，走持续创新道路的强烈意识。企业文化属于企业辅助性的制度结构\[S1(P9S)，它对于推动持续创新有重要作用。企业文化最核心的要素就是共享的核心价值观念，共享的核心价值观念能使企业的所有员工持有共同的信念，能够在企业内部营造团结协作的氛围。为了鼓励员工积极致力于技术研发，企业制定一些鼓励员工参与创新的规则和制度，而这些规则和制度的执行在很大程度上取决于共享价值观的认同。如果没有共享价值观的支撑，鼓励员工进行技术创新的制度和规则将不能发挥应有的效用，正是核心价值观念促使员工不断地投入于创新事业，创造一个又一个的技术创新神话。在外部动力要索中，本文提出的持续创新模式更多地强调了科学技术进步、国家创新系统、区域创新系统对于促进企业持续不断地推出创新项目的重要作用。科学技术进步是推动企业进行持续创新的重要力量，是当今社会在不断发展过程中出现更先进的技术以取代过时技术的趋势。紧密关注当今科学技术进步状况并做出适当的调整，是企业能够不断获取最新技术，实现持续创新的先决条件。企业要使创新持续化，不仅在现有技术范式内进行不断地改进和创新，还要时刻关注外部科学技术的变化。如果出现更先进的技术范例，企业要能及时地引进先进技术范例并进入新的技术轨道，以免陷人技术陷阱。国家创新系统和区域创新系统对于推动企业持续不断地进行技术创新的作用是不言而喻的。国家创新系统和区域创新系统是在政府主导下为推动科技进步的发展而联结高校、科研院所、企业、中介机构以及其他相关部门的网络结构。这一网络结构能够弥补单个企业在创新过程中所遇到的障碍，例如，研发投人不足，研发风险过高，各种不同的组织和机构的结合能够发挥各自的优势，使企业能够更容易地推出技术创新项目。创新系统的另一大作用就是可以发挥系统的功能，实现各单个企业简单结合无法达到的目标。四、结论增强企业持续创新的动力，不断地推动企业实现持续创新，这是企业未来的发展方向。而持续不断地增强企业创新动力最核心的就是制度要素。可行的制度设计以及有效的执行能保证企业的所有者以及全体员工为进行技术创新而进行不懈努力；明晰的产权制度安排，使企业所有者为了保证创新垄断利润不被打破而具有强大的动力进行持续创新；以市场为导向的企业家交接班机制保证企业能够甄选到具有持续创新精神的优秀企业家，这为企业进行持续创新提供了强有力的保证；研发部门的内部化和制度化不仅使研发人员意识到自己的面包和黄油取决于自己的发明创造，而且能够在企业内部营参考文献： \[1\]熊彼特.经济发展理论\[M\].北京：商务印书馆，1990. \[2\] C. Freeman. The Economics of Industrial Innovation\[M\]. Mass： The MIT press， 1982. \[3\]向刚，等.企业持续创新：机制与发展模型研究引论\[J\]. 昆明理工大学学报(自然科学版)，2003，(3). \[4\]向刚，汪应洛.企业持续创新动力机制研究\[J\].科造合作创新、全员创新的良好氛围，也使研发人员的观念转变到不断地进行技术创新是自己为之奋斗的事业。此外，合适的持续创新文化氛围、持续创新的企业家精神以及持续创新意识，这些非正式制度结构能够在企业内部树立“进行持续创新就是企业的愿望和使命”的观念，这对于不断增强企业持续创新动力是非常重要的。所有企业内部的制度结构相互耦合、相互影响、相互作用，形成了企业持续创新的强大而持久的系统动力。提高企业持续创新动力不仅需要企业内部制度结构的构建，还需要国家从宏观层面进行制度环境的建设，如推动科学技术的进步，建立并完善国家创新系统和区域创新系统，宏观制度环境的完善为企业营造了良好的技术创新的氛围。只有完善企业内部的制度结构和国家宏观制度环境，我国企业才具备持续不断的创新动力，企业的核心竞争力才得以培育和加强。研管理，2004，(6). \[5\]袁庆明.技术创新的制度结构分析\[M\].北京：经济管理出版社，2003. \[6\] Xiang Gang， et al， Continuing Innovation： The Developing Path of Yuxi Cigarette Factory.， Proceedings of the Pan-China Symposium on Technology and Innovation Manage-ment. Hang Zhou： Zhejiang， university 1995. The Sustainable Innovatory Motive Models for Enterprises and the Relevant Institutional Elements DUAN Yun-long， YANG Li-sheng ( 1. School of Management and Economics， Kunming University of Science and Technology， Kunming 650093；2. School of Economics and Business Administration， Yunnan Nationalities University， Kunming 650031， China) Abstract： Though hard as it is， technological innovation is the lifeline of enterprises. The sustainable technological innovation can guar-antee their competitiveness， and therefore new models should be adopted. The biggest difference between the sustainable innovatory motive models and the technical innovatory motive models finds expression in the formers sustainable motive force for technological in-novalion rather than several monopolized innovations for high profils in a certain time. Thus， only suitable institutional arrangement can guarantee the enterprises’sustainable motive force for technological innovation. Key words；sustainable innovation； innovatory motive force； sustainable innovatory motive force； system (责任编辑董学君)

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旅游心理与行为研究的知识贡献 ——兼论旅游知识外溢陈增祥 (中山大学国际金融学院广东珠海 519082) 摘要：基于学界对旅游知识创新与知识外溢等相关议题的关注，借鉴消费者心理学研究的理论创新要求与理论发展路径，围绕旅游情境可拓展性与理论创新的关系、旅游理论创新的动力、旅游理论创新的3种目标取向以及理论之树的启示4个方面展开论述，期待相关探讨能够为旅游心理与行为研究的理论创新提供有益思考。关键词：理论创新；知识外溢；理论之树 \[中图分类号\]F59 Doi： 10.12054/lydk.bisu.136 \[文献标识码\]A \[文章编号\]2096-3238(2020)04-0001-12 引言请问文章的理论贡献是什么?这个问题近乎学术界的“问候语”，无论是你问别人还是别人问你，理论创新都与学者如影随形。那么，怎样才算理论创新呢?如何评估自己的研究是否具有理论创新价值呢?特别是针对旅游研究而言，对创新的疑惑可能还包括该理论贡献是否有助于形成母学科知识的增量。由于旅游知识溢出已成为当下学界关注的话题，因此本文尝试结合理论创新与知识外溢的话题，以一般意义上的消费行为研究为例探讨旅游行为研究创新，以寻找旅游知识外溢的可能途径。笔者自博士阶段开始就受到中山大学商学院消费心理与行为研究的学术训练，基本上是从心理学视角研究一般意 \[收稿日期\]2019-11-10： \[修订日期\]2020-06-30 \[作者简介\] 1陈增祥(1984一)，男，福建福州人，中山大学国际金融学院副教授、博士研究生导师，研究方向：品牌管理与消费者心理。E-mail： [email protected] \[引用格式\]陈增祥.旅游心理与行为研究的知识贡献——兼论旅游知识外溢\[J\].旅游导刊，2020(4)： 1~12.\[ CHEN Zengxiang. On Knowledge Creation in Studies of Tourists’Psychology and Behaviors \[J\]. Tourism and Hospitality Prospects， 2020(4)：1~12. 义上的消费者行为，文章大多发表在消费心理领域的学术期刊上(如Journal of Consumer Psychology 等)。笔者博士毕业后有幸在南开大学旅游与服务学院任职6年，其间对旅游心理与行为研究有了亲身体会，也在《旅游学刊》、 Journal of Travel Research 等期刊发表了若干篇关于旅游消费心理与行为的文章。目前笔者又返回中山大学商学院，继续从事消费心理与行为研究，但也会继续以旅游消费与体验为研究情境，从事基础理论性质的研究工作。交代此背景，意欲说明如今作为一个外部观察者，笔者为何会借助一般意义上的消费心理与行为研究的理论和发展特征，来探讨旅游心理与行为的理论创新问题。本文所指的理论是对概念以及概念之间关系的陈述，，“它描述或者解释了某一现象是如何发生的以及为什么会发生(Corley & Gioia， 2011)。因此，这里的理论更多的是一种基于演绎而形成的对现象的描述与确认的一种知识。在此基础上，可以简单地把理论创新视为作者提出了两个构念之间的新颖关系并论证二者之间的关系(Hunt， 2010)。以一般意义上的消费行为研究为例(主要由营销学者，包括部分心理学者所开展)，在当今实证研究范式下，更为具体的理论创新包括： (1)提出原因和结果间的新颖关系； (2)考察一个或多个中介变量来解释原因对结果的影响； (3)探讨一个或多个调节变量在解释因果关系中的可变性(Spencer， Zanna & Fong， 2005； Bullock， Green & Ha，2010)。我们还可以从3个方面来判断一个理论的“好”与“差”，分别是：理论对现象的解释力(Bacharach， 1989)；理论是否包含了对竞争性解释的考虑( Lynch， Alba & Krishna， et al.， 2012)以及理论本身陈述的合理性(DiMaggio，1995)。此外，对理论贡献的判断还不能忽视理论本身所处的“丛林”，即理论所处的法则关系网( nomological networks )。任何一个理论都不是凭空出现的，不存在所谓的空中楼阁式的理论创新，因此对理论的创新判断必须与已有理论进行对话。在上文关于何为理论、理论构成要素以及如何判断创新的一般性认识的基础上，下文将从4个方面论述旅游理论创新与知识外溢，分别是(旅游)情境可拓展性与理论创新的关系、理论创新的动力问题、理论创新的3种目标取向以及理论树的启示，最后针对议题提出若干意见与建议并进行总结。一、情境可拓展性与理论创新的可能性理论是对现象或者情境的一种抽象的描述与解释。情境的大小与可拓展性将决定由该情境衍生出的理论的解释力。因此，在探讨旅游理论创新与知识外溢的话题时，不妨先回到旅游理论以及母学科理论所对应的情境。以旅游消费心理与行为为例，它对应的母学科是消费者心理学与更一般意义上的心理学，图1形象地展示了不同层次的理论与其所对应的情境、理论与理论之间以及对应的情境与情境之间的关系。无论是营销学科中的消费心理研究还是旅游学科中的旅游消费心理研究，其各自对应的研究情境都是现实世界中的消费现象，而旅游消费只是人类消费行为中的一类消费，而消费又仅仅属于人类活动的一部分。所以，对比人类心理、消费心理与旅游消费心理，三者在情境的大小上呈现出递减趋势，属于包含与被包含关系。如图1上半部分所示，其中圆圈大小代表情境的边界范围，相对于一般意义上的消费心理学研究，旅游消费心理研究在情境可拓展性上存在先天不足的问题。由于每种情境下又各自对应着一系列的理论，所以不同大小的情境对应的理论也存在包含与被包含的关系，如图1下半部分所示。图11理论与情境关系示意 Fig.1 The theory and its related context 图1形象地说明了造成旅游学知识外溢不足的一个先天不利因素在于情境的可拓展性。以考察空气污染对不道德行为影响的研究为例，为了厘清二者之间的因果关系，首先需要在空气污染与不道德行为的测量上具备理论研究的效度。但显而易见的是，衡量游客的不道德行为本身就是一个挑战，而且在实验室情境下如何让实验参与者模拟游客心态，并测量其不道德行为?这近乎是无法实现的任务。反之，消费行为研究与一般心理行为研究则可以在模拟的情境中去探究上述变量之间的因果关系。由于旅游学者在研究之初就囿于情境的限制，这导致的后果就是很难去发展出超越情境的、更具有普遍意义的、具有知识外溢可能性的理论。以笔者相对熟悉的旅游心理与行为研究为例，现有研究更多的是直接借鉴消费心理与行为研究或者心理理论研究来从事理论发展工作。对于应用性学科而言，这种做法理所应当，也无可厚非，但如果整个学科不反思学科知识外溢、学科知识原创中存在的问题，那有关学科独立性的焦虑自然也就随之产生了。尽管研究情境的拓展性问题阻碍着应用学科的理论创新，但知识反哺依然可以通过学科共同体的努力而达成(图1下半部分的虚线示意了应用型学科知识反哺基础型学科知识的过程)。以消费心理研究为例，它同样作为应用型学科，所借用的理论也基本上源自心理学，特别是社会心理学理论，但相对于旅游心理研究对消费心理研究的知识反哺的程度，有多方证据表明消费心理学的研究已经在一定程度上反哺了社会心理学理论的建构，心理学期刊会积极采纳有利于本学科理论建构的消费心理理论创新。另外，在消费心理学领域，那些只是简单验证已有心理学理论的论文是无法在优秀期刊上发表的。二、理论创新：动力问题在探讨旅游心理理论创新的动力问题之前，笔者先对当下的旅游心理理论知识外溢现象作初步论述。站在局外人角度，判断现有旅游心理与行为研究是否已经对相关学科产生知识外溢，其答案恐怕为“否”。判断知识外溢的简单标准，就是看主流的消费心理期刊与心理学期刊在多大程度上引用来自旅游学期刊的论文。在笔者的阅读范围内，很少有来自旅游相关期刊的研究被发表在商科领域和心理学领域顶尖期刊的论文引用。当然，这并不意味着商科与心理学顶尖期刊没有刊发跟“旅游现象”“旅游产业”“旅游消费”相关的论文。恰恰相反，在今天这样一个体验经济、价值共创的时代，旅游情境是一个极好的发展理论、创新理论的情境。笔者在追踪最新研究过程中，总是能够在商科与心理学顶尖期刊上阅读到与旅游现象相关的研究，这些研究读起来令人感到酣畅淋漓。但遗憾的是这些研究的作者并不会认定自己为旅游心理学家，他们的工作性质也多为以旅游为情境，探讨基本性的理论问题。以旅游心理研究为例，近3年来旅游学界已经开始倡导使用实验研究方法 (以Annual ofTourism Research、Tourism Management 等为代表的旗舰期刊引领着实验研究的思潮)，加强在因果层面对所研究现象的理解。但就目前发表的采用实验法研究旅游现象的文章来看，普遍存在着不足以及在未来旅游实验研究中有待改进的地方： (1)理论的演绎与推导在严谨性与逻辑性上有待改进； (2)对变量的操纵不够“干净”，容易有混淆因素的引人；(3)缺乏对行为结果的直接测量，更多的是以态度与意向作为行为结果的替代指标，但毫无疑问，态度或者意向与真正的行为之间还隔着一道巨大的鸿沟；(4)对因果关系的机制解释有待进一步深人，包括缺乏对中介变量的深认探索、缺乏对竞争性解释的考虑等； (5)最重要，也是最难的，就是所研究问题的理论深度不够，研究结论往往很难超越已有的消费心理或者心理学研究发现。对这些不足的改进将极大提升旅游心理研究的科学性，而这些提升工作也面临着潜在阻力，阻力主要体现在旅游理论创新的动力层面。理论创新除了有其一定的客观标准之外，也是学术共同体主观认定的结果。科学哲学家库恩(Thomas Samuel Kuhn) 所谓的科学范式的革命，即学术共同体认定的结果。据此而言，旅游(心理与行为)的研究是否具备理论创新，以及具备多大程度上的理论创新，跟旅游学术共同体的认可有关。封闭的学术系统导致创新的动力不足，本文所指的封闭学术系统意指个人层面的学术思想的封闭，以及学术共同体的系统封闭。对个人而言，如果研究人员按照既定标准，实现对旅游研究一定程度的创新就可以完成论文发表，获得学术声誉，那么他们又有何动力去从事更加花费时间与精力但回报也更大的、对其他学科有理论创新贡献的学术研究呢?对学术共同体而言，当今旅游学术共同体已然形成，其正面作用不言而喻，但共同体一经形成，也意味着一定程度的固化。封闭的系统总是对外在的刺激缺乏敏感性，也更有可能缺乏足够的动力去生产更为基础的一般性理论。笔者杞人忧天之处可能在于担忧旅游学术共同体的形成(包括何为旅游研究、如何界定旅游研究、研究的创新程度、创新程度评价的标准等内容的形成)无形中会造成学术体系的封闭，旅游知识外溢也就无从谈起。因此，未来旅游学界不得不思考的问题将包括学术共同体在抵御其他学科领域的侵蚀、固化自身核心与边界的同时，如何防止共同体在思想上的固化，以及如何让共同体具备更多的开放性与兼容性。三、3种理论创新的目标取向旅游心理研究的学者在对待理论创新的认识上有3种取向(见图2)： (1)直接借用相关心理学科的现有理论与研究发现，研究结果仅仅对旅游学科有贡献。 (2)所运用的基础理论或基本发现来自其他学科，而后基于旅游情境进行理论微调，或其研究发现与已有发现略有差异。 (3)旅游现象只是研究情境，着眼点在于研究发现真正对理论本身有贡献的内容，而不是把在旅游领域首次应用该理论作为创新，研究目标是对来自其他学科的理论有较为显著的推进，甚至提出其他学科所没有的新发现、新理论。上述3种研究路径的难度递增，研究的贡献度也呈递增趋势。从提升学科地位与知识外溢的角度而言，应该提倡那些优秀的学者践行第二种和第三种研究取向。到目前为止，非旅游学科的学者在看待旅游心理研究成果时，大多认为当下的旅游心理研究还属于第一种取向，即研究发现仅对旅游学科有价值而缺乏对其他学科的借鉴价值。图2旅游心理理论创新过程框架 Fig.2 2 The framework of knowledge creation process in tourism psychology 同样地， Colquitt 和 Zapata-Phelan( 2007)认为一个学术贡献的质量( quality)取决于理论构建是否严密以及是否对提出的理论进行严谨的验证。他们构建了一个学术贡献的连续谱，即(1)对原有实证发现的复制→(2)对先前提出的论点在不同领域进行检测(概念的复制)→(3)为现存构念关系增加新的中介变量或调节变量并提供证据→(4)提出并论证构念间的新关系→(5)完全生成一个新的构念。旅游心理研究需要在学术贡献谱的右端为整个学术一个重要的工作是拓展旅游研究的情境，并把情境视为理论发展的“养料”，而非让相对狭小的旅游情境限制了理论的发展。实际上，对于理论驱动式的研究来说，研究情境服务于理论。如果旅游(心理)学者能够以发表理论原创文章为己任，以从事真正贡献于理论本身的研究为初心，那么在研究之初，就不会被何为理论创新以及是否可能存在知识外溢等问题困扰。目前，在消费心理学与心理学等顶级期刊上不时会发现一些典型的以旅游消费为情境的论文，但由于其研究的内容完全是基于理论创新需要，所以作者并不会定位自己为旅游学者，他们也仅仅是将研究中涉及的旅游消费视为一种普通的消费现象，更加在意的是这些消费现象背后的理论创新。如 Goldstein、Cialdini 和 Griskevicius (2008)在营销学的顶级期刊Journal of Consumer Research 发表了一篇以酒店为研究情境，探讨社会规范中的示范性规范如何影响顾客环保行为的论文。所谓示范性规范指个体被告知在某种具体情境下绝大部分的人会如何行事的信息。如顾客被告知自己所人住的这家酒店过去的3个月里，共有75%的顾客参与了“人住期间毛巾循环使用”的活动。作者在某连锁酒店通过两个现场实验(field experiment ) 得出示范性规范信息比常规环保宣传口号(如“请支持环保行为，在人住期间重复使用酒店提供的毛巾”)更能增加顾客在人住期间实际的环保行为。截至目前， Google Scholar 搜索显示，该论文被引用了2217次，而且是被各个领域的文章引用，包括心理学、经济学等主流学科。很多有理论创新的文章，其作者选取旅游行业作为研究对象只是因为取样便利的关系，如这篇文章的作者完全可以脱离酒店情境而选择其他情境来获得同样的结论。类似研究还包括心理学家发现出国经历(如旅游)可导致人们更容易产生欺骗行为(Lu， Quoidbach & Gino， et al.， 2017)，出国经历也可能提升对自我概念清晰性 (self-concept clarity ) 的认识等(Adam， Obodaru & Lu， et al.， 2018)。这些研究虽然都跟旅游相关，但它们并不被视为旅游领域的文章。四、理论之树：树叶或枝干假如把人类构建的知识比喻为由一棵棵树组成的森林，那么每一棵树代表一个领域。知识树从一粒种子开始，随着研究领域的发展而成长，每一个额外的树枝都代表一个子领域的研究。树的结构(树根、树干、树枝)对应那些支持该领域研究的基本假设和基本理论，树叶代表了本领域的论文。每一位学者的文章根据其理论贡献可以被视为一个已有树枝上分化出的新树枝，或者一个更大的树干，又或者只是某个细枝上的一片叶子。至此，如果以知识树作为理论贡献的隐喻，我们会发现文章在这棵理论之树上的位置与评价学术贡献的质量一致。比如在一个现有因果关系上增加一个新的调节变量可以视为在原有一个树枝上增添一片新的叶子；而如果提出两个看似无关的构念的因果关系并论证，那么可以视为在枝干的部位发展出一个新的树枝；如果提出一个全新的构念则可以视为从主干上伸出一个分支。枝干或者树枝可以再分支，但树叶却无法再生出树叶。所以，做研究应该是做树叶类型的研究，还是应该做枝干类型的研究呢?在有限的学术生命里，如果可能，学者还是应该更多地从事枝干型的研究。当然，上述论断并不意味着做树叶类型的研究是无理论贡献的，笔者探讨的只是理论贡献的相对大小以及如何更好地实现知识外溢的问题。毕竟在大部分树的构成中，树叶数量比树枝要多。同样的，大部分的研究涉及的都是向现有树枝添加新的叶子。这些树叶型研究中的一大部分是探索现有关系的中介变量或调节变量，或者扩大现有研究的应用领域。尽管如此，学者在从事树叶类型的研究时，还是要评估自己的这个叶子是生长于已经有很多树叶的枝干上，还是生长于一个树叶比较稀疏的枝干上。前者由于已有研究较多，新论文的贡献可能就会被质疑，能得到的学术回报就会较少；反之，后者会被认为较有意义，因为学界对这个树枝的理解还处于初始阶段，而任何一片早期的新树叶都有助于增进理解。需要注意的是，对树枝是茂盛还是稀疏的考虑并不意味着研究者应该避免茂盛的树枝。树枝可以从多个视角被感知， “横看成岭侧成峰”，聪明的研究者懂得如何去激发读者从不同的视角观察树枝，从而获得一个较好的评价。例如，研究发现空气污染会促使个体更有可能从事不道德行为(Lu， Lee & Gino， et al.， 2018)。这个研究可以被定位为一个关于环境污染对个体行为影响的研究，其贡献是首次发现空气污染对个体的道德行为有影响；还可以被定位为一个关于道德行为的研究，它为这个领域贡献了一个新的能够影响人们道德行为的前置因素。不同的写法与文章定位将在很大程度上决定文章的贡献度，至于文章到底该定位于哪一个领域，学者可通过预估自己的文章在哪个领域更有可能成长为可不断分支并花繁叶茂的枝干来判定。关于理论之树的更多论述可参看 Janiszewski、Labroo 和 Rucker ( 2016)的文章。基于旅游心理理论创新与知识外溢的考虑，知识之树可以带给我们很多的思考，包括思考自己的研究是定位于一个旅游知识体系中的树，还是某个更一般性研究领域所构成的树。比如研究旅游中的自拍行为，是把旅游自拍的发现贡献于旅游知识之树，还是贡献于整个自拍领域的知识之树?以及思考自已的研究是一个无法再长出枝叶的叶子型研究还是一个枝干型的研究。比如有研究发现(旅行过程中)拍照有助于增加人们在体验过程中的融人感(Diehl， Zauberman & Barasch，2016)，如果引用该结论的论文只是简单地增加一个调节变量，即发现上述拍照效应只存在于某种个体的身上，那么这种增加调节变量的研究可以被视为叶子型的研究。而叶子型研究又会被哪些领域引用呢?很有可能是叶子之上再无叶子。五、几点建议古诗云“问渠那得清如许?为有源头活水来”。任何研究都是站在巨人的肩膀上，如果要问旅游心理与行为研究的巨人肩膀在哪里，最简单的回答就是这个研究背后的理论在已有的心理与行为研究中得到了怎样的解答。关于如何实现真正的理论创新，笔者提出以下几点意见供批评指正。 (1)任何研究都需要对更为基础的理论有充足的把握。以旅游消费心理为例，研究者需要对一般消费心理的基础理论有整体把握，消费心理理论包括消费者信息处理理论、情绪理论、动机理论、消费文化与跨文化理论、态度与说服理论等。研究者需要对上述理论模块中的若干个基础理论有基本的认识和了解。对基础理论的整体把握有助于研究者掌握整体理论架构，清楚地界定自己的研究属于哪棵理论之树、该与哪些已有理论进行对话。可供阅读的一般消费心理基础理论的材料包括各种指南性质的手册，比如由 Haugtvedt、 Herr 和 Kardes 主编的 Handbook of Consumer Psychology，由 Norton、Rucker 和Lamberton 主编的 The Cambridge Handbook of Consumer Psychology。 (2)要对前沿理论实时跟进，包括阅读最新的消费心理学或者心理学领域的期刊论文(如 Journal of Consumer Research、Journal of Consumer Psychology、Journal ofPersonality and Social Psychology、Psychological Science 等)。对前沿理论的跟进，有助于研究者判断什么不是新的理论，从而判断什么可能是新的。 (3)要对理论在旅游情境中的适用性有良好的判断。由于原初理论往往不是以旅游为情境，所以如果要基于旅游情境来发展理论，那么就需要对旅游中的情境选择作出深切关注，避免简单地将理论生搬硬套于旅游情境之中，避免为了在旅游领域应用理论而照搬理论。简单照搬理论也许可以使文章发表，但造成的潜在恶劣后果可能是会让其他领域的学者认为旅游心理研究只是简单地重复已有理论。实际上，这种“刻板印象”已然形成，不断出现的、缺乏创新的、简单的旅游情境应用研究正不断强化这种“刻板印象”。 (4)在理论创新的“紧箍咒”下执着于理论创新。这是最后也是最难的步骤，但也是最可能给予研究者回报的步骤。不忘初心，一直从事真正理论创新的研究者会提升自己的学术品位，包括对选题的判断、对创新的理解、对方法的精通等，在不断精进自己的研究能力的过程中，激发长远的发展动力。当然，是否选择走这样的道路，以及在何种程度上走这样的道路，这是一个选择问题。关于如何提升旅游(心理)学术共同体的开放性，笔者有以下意见供批评指正： (1)欢迎优秀的心理学与消费心理学背景的博士毕业生应聘旅游院校与科研院所，这是提升旅游心理与行为研究在理论创新与知识反哺上的最快途径之一：；(2)鼓励将旅游情境的文章发表在主流期刊上，此路虽艰辛但也是提升研究者科研能力，助力知识反哺的必经之路；(3)邀请心理学与消费心理学者作为旅游学术期刊的编委会成员，通过期刊来引领研究方向以及提升学术品位；(4)在旅游学术期刊定期邀请相应的专家推介最新的心理学前沿理论，为旅游心理研究提供第一手的新鲜资讯； (5)强化对研究方法的学习，包括方法论、具体统计方式及其相关内容，当前在旅游学术期刊上很少能够第一时间看到旅游学者对最新方法论的探讨。总结作为应用型学科，现实的需要与发展是学术研究的最大动力。随着国民旅游与休闲需要的日益增长，以及随之而来的旅游经济的蓬勃发展，我国旅游研究也进人快速发展期。与此同时，学术身份认同危机也伴随着理论创新与知识外溢等相关问题衍生出来。基于此，本文以一般意义上的消费行为研究为例探讨了旅游心理理论创新与知识外溢的话题。本文首先界定了所讨论的理论定义以及理论创新的类型，在此基础上从4个方面就理论创新与知识外溢话题展开论述。这4个方面的内容分别是(旅游)情境可拓展性与理论创新的关系、理论创新的动力问题、理论创新的3种目标取向以及理论树的启示。最后，笔者针对个人如何开展创新研究提出了若干具有可操作性的意见，并就学术共同体如何保持开放性提出了几点建议。参考文献： \[1\] Adam H， Obodaru O， Lu JG， et al. The shortest path to oneselfleads around the world ： Living abroad increases self-concept clarity \[J\]. Organizational Behavior and Human Decision Processes， 2018(145)：16~29. \[2\] Bacharach S B. Organizational theories ： Some criteria for evaluation \[J\]. Academy of Management Review， 1989，14(4)：496~515. \[3\]Bullock JG， Green D P， Ha S E. Yes， but what’s the mechanism? ( don’t expect an easy answer)\[J\] . Journal of Personality and Social Psychology，2010， 98(4)：550~558. \[ 4 \] Colquitt J A， Zapata-Phelan C P. Trends in theory building and theory testing ： A five-decade study of the Academy of Management Journal\[J\]. Academy of Management Journal， 2007， 50(6)：1281~1303. \[ 5\] Corley K G， Gioia D A. Building theory about theory building ： What constitutes a theoretical contribution? \[J\].Academy ofManagement Review， 2011，36(1)：12~32. \[6」Diehl K， Zauberman G， Barasch A. How taking photos increases enjoyment of experiences \[J\]. Journal of Personality and Social Psychology，2016，111(2)：119~140. \[7\] DiMaggio P J. Comments on “what theory is not"\[J\]. Administrative Science Quarterly， 1995，40(3)：391~397. \[8\] Goldstein N J， Cialdini R B， Griskevicius V. A room with a viewpoint ： Using social norms to motivate environmental conservation in hotels \[J\]. Journal of Consumer Research， 2008，35(3)：472~482. \[9\]Hunt S D. Marketing Theory： Foundations， Controversy， Strategy， Resource- advantage Theory \[M\]. New York， NY ： M.E. Sharp， Inc， 2010. \[ 10\] Janiszewski C， Labroo A A， Rucker D D. Knowledge creation and knowledge appreciation in deductive-conceptual consumer research \[J\]. Journal of Consumer Research， 2016， 43(4)：657~667. \[ 11\] Lu J G， Lee J J， Gino F， et al. Polluted morality ： Air pollution predicts criminal activity and unethical behavior \[J\]. Psychological Science， 2018，29(3)：340~355. \[12\] Lu J G， Quoidbach J， Gino F， et al. The dark side of going abroad ： How broad foreign experiences increase immoral behavior \[J\] . Journal of Personality and Social Psychology，2017，112(1)：1~16. \[13\]Lynch Jr J G， Alba J W， Krishna A， et al. Knowledge creation in consumer research：Multiple routes， multiple criteria \[J \]. Journal of Consumer Psychology， 2012，22(4)：473~485. \[ 14 」 Spencer S J， Zanna M P， Fong GT. Establishing a causal chain ： Why experiments are often more effective than mediational analyses in examining psychological processes\[J. Journal of Personality and Social Psychology， 2005，89(6)：845~851. On Knowledge Creation in Studies of Tourists’ Psychology and Behaviors CHEN Zengxiang (International School of Business & Finance， Sun Yat-sen University， Zhuhai 519082， China ) Abstract： Knowledge creation and knowledge spillover have gained increasing attention in academia. On the basis of theory development paths in consumer psychol-ogy， the current paper aims to establish the framework of the knowledge creation pro-cess in the tourism domain. Specifically， I focus on four aspects of tourism knowledge creation： context generalization， the driving force， the type of goal orientation and the tree of theory. This research will highlight the literature on knowledge creation of tourists’psychology and behavior. Keywords： knowledge creation； knowledge spillover， tree of theory 邮局订阅启事自2019年第5期起，本刊通过邮局征订发行，每每期定价20元，国内邮发代号为4-956，敬请广大订户与邮局联系订阅。本刊编辑部

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**加强海外员工人文关怀 _7_ 不断推进国际强企战略** 郎保国 (中国水利水电第十三工程局有限公司天津市 300384) \[摘要\]发挥企业工会组织优势，加强海外员工人文关怀工作，建好职工信赖的职工之家，应该采取政治上关怀、生活上关心、待遇上优厚、切实帮助解决实际困难等措施，这对做实海外员工人文关怀工作，推动企业实施“走出去”发展战略，具有很强的现实意义。 **\[关键词\]海外员工；人文关怀；企业发展** \[中图分类号\]D412.6\[文献标识码\]B\[文章编码\]1008-8636(2015)03-0040-03 **中国水利水电第十三工程局有限公司始建于1962年，是一家以国内外工程承包为主的国有大型建筑施工企业，现有职工6000多人，长年在海外工作的员工2000多人，形成了以亚洲、非洲为主，辐射东欧、南美、大洋洲的市场格局，涉及英、法、俄、葡、阿拉伯语五大语系地区，先后在三十多个国家开展工程承包业务。多年来，公司根据国际化发展的需要和实际，为更好地调动海外员工的积极性，维护员工的利益，促进公司快速发展，以“关爱关心职工、教育培训职工、服务职工生活、开展文体活动”为宗旨，把建设海外项目职工之家作为对海外职工人文关怀的重要内容。通过公司开展的管理提升活动以及采取了更加切实可行的措施，不仅进一步规范了海外职工之家的创建，而且使海外员工感受到公司大家庭的关怀和温暖，更好地调动了他们工作的积极性，从而促进了公司海外业务的持续健康发展。我们主要从以下五个方面着手。** **一、加强领导，完善制度，健全海外项目职工之家** **随着公司国际化的快速发展，公司承揽的海外工程规模不断扩大。长年工作在海外的员工人数越来越多，而且劳动用工本土化，每个工程项目都在所在国家聘用了当地人员，公司海外员工管理难渡加大，劳动关系复杂化；另一方面，所在国家的政治、** **经济、文化、自然环境差异较大，国外劳工组织也不断渗透员工队伍，这些都为公司海外工程的实施和员工管理带来了挑战和困难，从而引起了公司党政工领导的高度重视。** **为加强海外员工的管理，公司工会本着“党建带工建，党工共建”的原则，对每项新的海外工程，实现“三同时三基本”，即在成立项目党政组织的同时建立项目工会组织；在明确项目党政负责人的同时明确项目工会负责人；在安排检查项目党政工作的同时安排检查工会工作。建立海外项目职工之家，并把“关爱关心职工、教育培训职工、服务职工生活、开展文体活动”作为建家的重要内容，为服务职工搭建平台，把工会工作融人到海外项目组织建设之中。** **为了强化海外项目工会工作建设，公司工会还印发了《公司驻海外项目部工会工作委员会工作规则、工作职责》，在项目上任命工委主任，配齐配强工会干部。随着海外项目部工委的逐步建立，工会组织在国外项目部的影响力也越来越大，作用发挥越来越明显，为海外项目的顺利实施提供了有力的组织保证。为规范项目职工之家的建设，公司工会印发了《公司项目职工之家实施方案》《公司工程项目工建工作实施细则》，使海外项目职工之家建设有了制度保证，逐步规范化。几年来，国外工委作用发** **\[收稿日期\]2015-07-06** **\[作者简介\]郎保国(1963-)，男，山东聊城人，中国水利水电第十三工程局有限公司工会副主席。** **挥越来越好，得到了海外员工们的认可。** **为了贯彻以人为本原则，公司工会督促人资部门根据实际制定了海外项目员工探亲和反探亲的实施办法。员工每年根据项目施工情况可以有一个月的休假，长期在国外工作的项目经理可以每半年休假一次，使公司海外员工休假制度化。最近公司修订完善了《公司海外员工休假、配偶反探亲和带配偶管理办法》海外员工在国内休假的时间又得以延长。** **二、注重宣传，强化引导，关心关爱海外员工** **公司工会关心关爱海外员工主要体现在以下几个方面。** **一是针对海外项目实际，广泛宣传公司的“四种精神”优良传统，倡导海外员工树立“热爱祖国、忠实企业”的理念。工会从思想上、工作上、感情上、舆论上，最大限度地支持海外项目建设者，全力推动海外项目各项工作的顺利开展。** **二是开展海外项目任务宣传，让参建员工对新上项目工程概况、自然环境、人文环境等方面拥有正确的认识。积极鼓励海外项目员工参加当地的活动，融人所在地民众的生活。例如，在卡塔尔国家体育日，公司在卡项目部组织职工参加了当地一系列的体育活动，并且取得了优异的成绩；在当地结交了很多朋友，让项目全体员工过了一个有意义的节日。各项目部利用节日经常参加所在国大使馆的活动，有的还被当地主流媒体进行报道。这些对海外员工而言，成为他们在异国他乡的一个美好回忆。** **三是针对海外员工远离祖国、远离家人，思念亲人、思念家乡的实际，坚持谈心制度。经常性与员工进行交流和沟通，倾听他们的心声，理顺他们的情绪，关心他们的疾苦，切实帮助他们解决实际困难，化解后顾之忧。海外项目员工以年轻人为主，他们对于生活上的、情感上的要求更加突出。我们从细节做起，让每一位员工具有一种真正的归属感。通过实践证明，这种真正的归属感对于稳定海外职工队伍所起到的作用，要远远高于提高薪酬所能带来的作用。公司工会还关心海外员工的婚姻问题，建** **立未婚员工的档案，积极为他们创造条件。很多海外员工已经通过“鹊桥工程”找到了自己的爱人，为稳定海外员工队伍提供了保障。** **三、因地制宜，创新载体，丰富员工业余生活** **充分发挥海外项目职工之家作用，经常性开展文体活动。每逢重大节假日，举办中秋文化节、国庆体育周、除夕夜酒会、春节文艺晚会等娱乐活动；结合项目实际，举办篮球、排球、羽毛球、拔河等体育活动；项目职工之家活动的开展，丰富了员工的业余生活，增强了企业的凝聚力和向心力。** **充分利用“职工之家”平台，建立海外项目“职工书屋”。海外项目部还加强“职工书屋”建设，从国内购置海外员工喜爱的各类图书、光盘，开展送书到基层活动，如公司安哥拉项目部的职工书屋购买了七百余册图书，包含了各种光盘等电子书籍、杂志、散文、诗歌、随笔、小说以及专业书籍等。职工书屋制定了管理制度，有专人管理，职工在业余时间可以借阅，为满足海外员工业余文化生活、提高其综合素质起到了一定的促进作用。** **四、强化培训，注重实践，培育一流海外员工队伍** **对海外员工的培训，主要体现在以下三个方面。** **一是发挥海外项目工会“大学校”的作用。加强知识培训，满足员工渴望提高自身知识水平的追求。中东经理部组织项目上的数十名员工在北大西洋大学(卡塔尔)进行了为期三个月的PMP(国际工程专业管理课程)的培训，使培训的员工既能得到专业教师高水平、全英文的授课，还能体会到国际型现代化大学上课的那种新颖的感觉，给参加培训的员工留下深刻的印象。海外员工远离亲人，如何保障他们的身心健康就成了摆在项目领导面前的重要问题。公司海外各项目积极做好项目员工的安全培训，健全安全员队伍，加强安全保护和监督，教育员工在施工中注意安全问题，让安全成为习惯，让每一位员工都能平平安安的回家团圆。** **二是强化海外项目员工综合素质和能力的培训。组织员工集中培训当地语言、风俗民情、礼仪知识、** **疾病预防、外事纪律和施工技术等相关知识。注重现代型企业工作的理念建设，一方面对于领导层，时刻提醒他们真正关爱普通员工的重要意义以及如何处理好和下级员工的关系，帮助他们建立现代型企业的工作关系，避免了以往工作中一些不好的习惯；另一方面对于员工，推出的“项目理念”等一系列工作，可以帮助员工树立正确的工作观以及在困难和挫折时应该如何积极的应对，取得了明显的效果。** **三是加强所在国劳务工的培训。从最基本、最简单的技能知识、劳动纪律到整体的安全制度、劳动保护等都进行系统培训，如上班不准穿拖鞋、必须戴安全帽、不随意动用电气设备等，增强员工们的安全意识。** **五、以人为本，内外联动，做好海外员工后勤服务工作。** **海外项目履约风险较大，社会依托差，面临资源匮乏、自然环境恶劣等诸多困难。由此，海外项目工会积极为职工创造良好的生活工作环境，高起点、高质量地推动驻地建设，本着“节俭实用，高效建家”的原则，修建多功能球场、职工书屋、职工之家活动室等场所；购买了卫星接收设备，统一配备了网络接收器，为员工开通了亲情电话，为所有参建职工统一配备了从国内海运而来的床铺、被褥、开水瓶等日常生活用品，为每一名出国员工注射疫苗，增强抵** **抗力；海外员工遇到实际困难，国内外联动，项目工会和公司工会总是想方设法帮助解决。同时，海外员工遇到大病等困难，中外员工都能伸出友爱之手，尤其是海外项目的员工者纷纷解囊相助，充分体现了海外员工互助友爱的团队精神，如东非经理部两名中方员工身患重病，组织员工捐款26万元，使海外员工感受到“家”的温暖。许多海外项目还参与当地的抢险救灾，资助当地学生和贫民，为他们购买各种文具，送去大米和粮食，树立中国公司在当地民众中的良好形象。例如，东非锡卡项目在得知当地一处居民区发生山体滑坡事故，4座居民楼被埋，立即组织项目大型设备到现场救援，受到了当地政府和群众的肯定。项目还根据当地缺水的情况，为驻地小学捐献了一口水井和两个储水罐，解决了附近小学长期用水困难的问题，得到了当地民众的赞扬。** **近年来，公司依托海外项目职工之家建设，在海外员工人文关怀方面做了一些工作，但离员工的期盼和上级的要求还有一定差距。在今后的工作中，还要不断完善和提升海外员工之家建设水平，更好的把公司海外员工的人文关怀工作做到实处，为海外员工的工作、学习、生活创造更好的条件，维护他们的合法权益，促进公司海外业务的快速发展，为国家实施“走出去”战略，树立中国公司国际形象，做出更大的贡献。** **Humane Care for Overseas Staff And International Enterprise Enhancement Strategy** **Lang Baoguo** **_(Sinohydro Tianjin Engineering Co.，Ltd. Tianjin 300384)_** 【Abstract】】As for the humane care for overseas staff， enterprise trade union should show concern to both the mental and the real lives of staff， make sure they are well-paid and offer help to solve their difficulties. Those are of greater realistic significance in implementing humane care for overseas staff and promoting the "going outward" development strategy of the enterprise. 【Key Words】 overseas staff； humane care； enterprise development

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British forestry, its present position and outlook after the war author: Stebbing, Edward Percy, 1870-1960 wa: ee LATIVE LIBRARY | G a O : © BRITISH FORESTRY ITS PRESENT POSITION AND OUTLOOK AFTER THE WAR fe “ah ty Pr eh A ie [aaardsiquos.T SQ1Ta1Iy, GAMVOS-NIVY AHL AAAQ SNOT) AAVAH LNOdSNVAT OL YAGUAO NI SONITMVS ONOOA AO LNG AVOY V ONINVIA SUAUNIONY HONAYA 3940 3BRITISH FE ORESTRY Z ‘Saeaa | ITS PRESENT POSITION AND # nh : OUTLOOK AFTER THE WAR &4""". BY EDWARD PERCY STEBBING HEAD OF THE FORESTRY DEPARTMENT, UNIVERSITY OF EDINBURGH WITH ILLUSTRATIONS LONDON JOHN MURRAY, ALBEMARLE STREET, _ WV. mh 1916 | | . - LIBRARY . he ‘ . * ee a hed SAE att a Sn get FN SMa Wnt 5. edn ae 5 ee Pod ae a onl Seca Pe ee CONTENTS INTRODUCTION PAGE EVELYN’S ‘‘ SYLVA’’ AND PRESENT TIMES . Sh Se PART I A NATIONAL PLANTING SCHEME ARTICLE ; I. FORESTRY: WHATITMEANSTOTHE NATION’ I Il. THE POSITION OF THE AFFORESTATION QUESTION IN THIS COUNTRY AT THE OUTBREAK OF THE WAR-—AND NOW. 13 Ill, A NATIONAL PLANTING SCHEME EEN IV. FINANCE AND PLANTING METHODS . i SF V. AFFORESTATION AND LABOUR. » 50 PART II BRITISH TIMBER SUPPLIES AND THE FORESTS OF RUSSIA VI. TIMBER SUPPLIES AND FAMINE PRICES . 55 VII. BRITISH TIMBER SUPPLIES AND RUSSIAN FORESTS p . , : SEN vi CONTENTS ARTICLE PAGE VIII. THE FORESTS OF RUSSIA IN EUROPE : 82 IX. THE FORESTS OF FINLAND AND EUROPEAN TIMBER SUPPLIES . . . - I04 X. THE FORESTS OF SIBERIA AND TURKESTAN . 130 XI, THE CEDAR (CEMBRAN PINE) TRADE OF ASIATIC RUSSIA . ; é ; . 154 PART III TIMBER SUPPLIES AND THE WAR XII, TIMBER SUPPLIES AND THE WAR—IMPORTS IN I9I3 ‘ d : x . 160 XIII. EFFECT OF SIX MONTHS’ WAR ON THE TIMBER SUPPLIES : : ; $ es XIV. TIMBER IMPORTS AND EXPORTS INIQI5 . 202 PART IV THE EMPLOYMENT OF WOMEN IN FORESTRY XV. WOMEN AND FORESTRY . ° . « 215 XVI. THE EMPLOYMENT OF WOMEN IN FORESTRY —!I . . . . . . 236 XVII. THE EMPLOYMENT OF WOMEN IN FORESTRY —I . 247 LIST OF PLATES FRENCH ENGINEERS MAKING A ROAD OUT OF YOUNG SAPLINGS IN ORDER TO TRANSPORT HEAVY GUNS OVER THE RAIN-SOAKED FIELDS . ; Frontispiece PLATE I. PLATE 2. PLATE 3. PLATE 4. PLATE 5. PLATE 6. PLATE 7. PLATE 8, PLATE 9, Reproduced by courtesy of the ‘‘Topical’’ Press Agency. FACING PAGE SCOTS PINE, STRATHORD. LARCH, CRAIG VIVIAN, PERTHSHIRE . . . . A FELLED AREA AND NEWLY PLANTED AREA, PEEBLESSHIRE ° . . ° . SCOTS PINE, BALUAN, BLAIR ATHOLL . . THIRLMERE, LAKE DISTRICT, TALLA CATCH- MENT AREA, PEEBLESSHIRE , : ° PLANTING IN A PEEBLESSHIRE GLEN . ° ““HYBRID’’ LARCH, MURTHLY. JAPANESE LARCH, BLAIR ATHOLL, PERTHSHIRE . OLD LARCH WOOD, MUCH UNDERSTOCKED, PEEBLESSHIRE . . . . ° FELLING OAK COPPICE SCRUB FOR PIT PROPS, HERMITAGE WOODS, DUNKELD. LOADING TRUCKS WITH PITWOOD AT A TEMPORARY SIDING ON THE HIGHLAND LINE . . OAK NATURAL REGENERATION IN THE QUEEN’S WOOD, FRITH PARK, SURREY e ° vii 6 22 28 34 39 40 42 Vili LIST OF PLATES FACING PAGE PLATE 10, PIT PLANTING AND MATTOCK PLANTING . 48 PLATE II. LARCH INTERPLANTED WITH DOUGLAS, MURTHLY. LARCH UNDERPLANTED WITH DOUGLAS, NOVAR, ROSS-SHIRE . . 52 PLATE 12. LADYWELL FOREST NURSERY, DUNKELD, PERTHSHIRE © . ‘ ‘ ; 1 ae a INTRODUCTION b EVELYN’S ‘‘ SYLVA’’ AND PRESENT TIMES To those who love the beautiful woods of this country or, in fact, any of the open-air pursuits connected with them, Evelyn’s classic Sylva will be well known. There is a fascination and at the present time a grave significance for us all in the quaint wording of its title— “ Sylva, or a Discourse of Forest Trees and the Propa- gation of Timber in His Majesty’s Dominions.” Perhaps never since it made its first appearance has the need for pondering over and acting upon the advice of this most remarkable and far-seeing man, as adumbrated in his Sylva, been so urgent as in these early years of the twentieth century. The Sylva was written at the instigation and under the auspices of the Royal Society, then recently founded under the patronage of Charles the Second (in 1662, Evelyn being one of the first Fellows and a Member of the Council). Evelyn is interesting on the objects for which the great Society was inaugurated: ‘‘ Those who perfectly comprehend the scope and end of that Noble Institution, which is to improve natural know- ledge, and enlarge the empire of operative philosophy, not by an abolition of the old, but by the real effects of the experimental, collecting, examining, and im- ix x EVELYN’S “SYLVA” AND PRESENT TIMES proving their scattered phenomena, with a view to estab- lish even the received methods and principles of the schools, as far as were consistent with truth and matter of fact, thought it long enough that the world had been imposed upon by that national and formalway of delivering divers systems and bodies of philosophy, falsely so-called, beyond which there was no more country to discover; which being brought to the test and trial, vapours all away in fume and empty sound.,”’ Amongst the first of the activities of the Society was the direct encouragement, through the publication of the Sylva, given to planting, then an urgent need of the day for the sake of the Navy. In confirmation of the Society’s interest in this matter we read in the opening paragraphs of the Preface to the Reader (4th ed.): ‘‘ After what the Frontispiece and Porch of this Wooden Edifice presents you, I shall need no farther to repeat the occasion of this following discourse; I am only to acquaint you, That as it was delivered to the Royal Society (on the fifteenth day of October 1662) by an unworthy Member thereof, in obedience to their commands; by the same it is now republished without any farther prospect: And the reader is to know, that if these dry sticks afford him any sap, it is one of the least and meanest of those pieces which are every day produced by that illustrious assembly, and which enrich their collections, as so many monuments of their accurate experiments, and public endeavours, in order to the production of real and useful theories, the propagation and improvement of natural science, and the honour of their institution.” PLANTING BY CHARLES II xi As evidence of the King’s interest in planting, even when allowance is made for the laudatory language of the age (and Evelyn was no mean courtier), the opening paragraphs of the author’s “‘ Dedication to the King’s Most Sacred Majesty,” 4th edition, dated December 5, 1678, is as worthy of remembrance now as it is impor- tant historically : “For to whom, Sir, with so just and equal right should I present the fruits of my labours, as to the Patron of that Society, under whose influence it was produced, so to whose auspices alone it owes the favour- able acceptance which it has received in the world ? To You, then, Royal Sir, does this Fourth Edition continue its humble addresses, tanquam Nemorum Vindici, as of old, they paid their devotions Herculi & Silvano; since you are our @eds wtruKds, our Nemorensis Rex; as having once had your Temple, and Court too, under that sacred Oak which You consecrated with your presence, and we celebrate, with just acknowledgment to God, for Your Preserva- tion. I need not acquaint your Majesty how many millions of timber-trees, besides infinite others, have been progagated and planted throughout your vast dominions, at the institution, and by the sole direction of this work ; because your gracious Majesty has been pleased to own it publicly for my encourage- ment, who, in all that I here pretend to say, deliver only those precepts which your Majesty has put into _ practice; as having, like another Cyrus, by your own _ royal example, exceeded all your predecessors in the _ plantations you have made, beyond, I dare assert it, all the Monarchs of this Nation, since the conquest of it. And, indeed, what more august, what more worthy your Majesty, or more becoming our imitation, than, whilst You are thus solicitous for the public good, we xii EVELYN’S “SYLVA” AND PRESENT TIMES pursue your Majesty’s great example, and, by culti- vating our decaying woods, contribute to your power, as to our great wealth and safety; since whilst your Majesty is furnished to send forth those Argos and Trojan hordes, about this happy island, we are to fear nothing from without it; and whilst we remain obed- ient to your just commands, nothing from within it.” It makes delightful reading and withal carries a moral. That the Royal Society, from its initiation, thus had the true welfare of the nation at heart in publishing the Sylva is borne out by certain remarks in the preface to the 6th edition, written by its editor, Dr. A. Hunter, F.R.S., over a hundred years later (August 1776). When contrasted with the above-quoted extracts from Evelyn’s Dedication they merit our earnest consideration : “Soon after the publication of the Sylva, which appeared in 1664,” writes Dr. Hunter, “ the Spirit for Planting increased to a high degree; and there is reason to believe that many of our ships which, in the last war, gave laws to the whole world, were constructed from oaks planted at that time. The present age must reflect upon this with gratitude ; and it is to be hoped that we shall be ambitious to receive from posterity the same acknowledgments that we, at this moment, pay to the memory of our virtuous Ancestors.’ The results of the action of the Royal Society in the - early days of the reign of Charles the Second, and of the industry and knowledge of their great Fellow, were to witness even more glorious achievements by the ‘‘ wooden walls” which their foresight enabled NEGLECT OF PLANTING xill the nation to build. For the planting which was the outcome, the direct outcome, of the publication of the Sylva safeguarded the nation from invasion by Napo- leon, enabled Trafalgar to be fought and won, and thus gave us security from invasion for a whole century thereafter. The ‘‘ wooden walls’’ have disappeared and steel ones have taken their place, but the need for planting is at the present time just as urgent as it was in Evelyn’s day. The timber and other materials are put to different uses but they are required in far larger amounts and for a far greater variety of purposes. Unfortunately our ancestors of the time of Dr. Hunter and subsequently did not follow the advice of the Sylva’s great author, and we are suffering accordingly. _ There was, it is true, a certain revival of planting in _ the latter half of the eighteenth and the early part of _ the nineteenth centuries. Before Hunter issued his edition of the Sylva the Royal Society of Arts had _ given attention to the question. Founded in 1754, the Society soon afterwards instituted a system of pre- miums and medals to be awarded to those sowing and planting up the greatest areas of land. Between 1758 and 1821, 127 gold and 40 silver medals were _ awarded in this way, in addition to pecuniary pre- ' miums. As a result of this enlightened policy a con- _ siderable amount of planting was carried out during _ this period. _ After about 1820 planting, save in a few exceptional | cases, appears to have gradually ceased to be a hobby + of the landowner or to be considered as exercising any | importance in the national economy of the nation. xiv EVELYN’S “SYLVA” AND PRESENT TIMES Let us accompany Evelyn for a short space in some of his reasons for writing the Sylva. It must be con- fessed that he is apt to ramble a little, but his rambling is altogether delightful. And it is all so entirely @ propos to our present needs in this direction. Evelyn is giving his reasons to the reader : “ If to this there be anything subjoined here, which may a while bespeak the patience of the reader, it is only for the encouragement of an industry, and worthy labour, much in our days neglected, as haply reputed a consideration of too sordid and vulgar a nature for Noble Persons and Gentlemen to busy themselves withal, and who oftener find out occasions to fell down and destroy their woods and plantations, than either to repair or improve them. ““ But we are not without hopes of taking off these prejudices, and of reconciling them to a subject and an industry which has been consecrated, as I may say, by as good and as great persons.as any the world has produced ; and whose names we find mingled amongst Kings and Philosophers, grave Senators and Patriots of their country ; for such of old were Solomon, Cyrus and Numa, Licinius, surnamed Stolo, Cato, and Cincinnatus ; the Pisos, Fabii, Cicero, the Plinys, and thousands more whom I might enumerate, that dis- dained not to cultivate these rusticities even with their own hands, and to esteem it no small accession to dignify their titles, and adorn their purple with these rural characters of their affections to planting, and love of this part of Agriculture, which has transmitted to us their venerable names through so many ages and vicissitudes of the world. “That famous answer alone which the Persian Monarch gave to Lysander, will sufficiently justify that which I have said, besides what we might add out _— PLANT FOR POSTERITY XV of the writings and examples of the rest: But since these may suffice, after due reproofs of the late impolitic waste and universal sloth amongst us, we should now turn our indignation into prayers, and address our- selves to our better-natured countrymen, that such woods, as do yet remain entire, might be carefully preserved, and such as are destroyed, sedulously repaired: It is what all persons who are owners of land may contribute to, and with infinite delight, as well as profit, who are touched with that laudable ambition of imitating their illustrious ancestors, and of worthily serving their generation. To these my earnest and humble advice should be, That at their very first coming to their Estates, and as soon as they get children, they should seriously think of this work of propagation also; for I observe there is no part of husbandry which men more commonly fail in, neglect, and have cause to repent of, than that they did not begin planting betimes, without which they can expect neither fruit, ornament, or delight, for their labours. Men seldom plant trees till they begin to be wise, that is, till they grow old, and find, by experience, the prudence and necessity of it. When Ulysses, after a ten years’ absence, was returned from Troy, and coming home, found his aged father in the field planting of trees, he asked him, ‘Why, being now so far advanced in years, he would put himself to the fatigue and labour of planting that, of which he was never likely to enjoy the fruits?’ The good old man, taking him for a stranger, gently replied: ‘I plant against my son, Ulysses comeshome.’ The application is obvious and instructive for both old and young.” It is curious how public duties and necessities repeat themselves throughout the centuries. For surely there never was a period in our history when the xvi EVELYN’S “SYLVA” AND PRESENT TIMES need for planting was more urgent than it is at the present time! Evelyn continues: ““ My next advice is, that they do not easily commit themselves to the dictates of their ignorant hinds and servants, who are, generally speaking, more fit to learn than instruct. ‘ Male agitur cum Domino quem Villicus docet’ was an observation of old Cato’s; and it was Ischomachus who told Socrates, discoursing one day upon a like subject, ‘ that it was far easier to make than to find a good husbandman’: I have often proved it so in gardeners, and I believe it will hold in most of our country employments. Country people universally know that all trees consist of roots, stems, boughs, leaves, etc., but can give no account of the species, virtues or farther culture, besides the making ofa pit or hole, casting and treading in the earth, etc., which require a deeper search than they are capable of ; we are then to exact labour, not conduct and reason, from the greatest part of them; and the business of planting is an Art or Science (for so Varro has solemnly defined it) and very different from what many in his time accounted of it; ‘ Facillimam esse nec ullius acuminis Rusticationem,’ namely, That it was an easy and insipid study. It was the Simple Culture only, with so much difficulty retrieved from the late confusion of an intestine and bloody war, like that of ours, and now put in reputation again, which made the Noble Poet write: Verbis ea vincere magnum Quam fit, & angistis hunc addeve rebus honorem! ‘Seeing, as the Orator does himself express it, ‘ Nihil est homine libero dignius,’ there is nothing more becoming and worthy of a Gentleman, no, not the “THIS NOBLE ART” SEV majesty of a Consul. In ancient and best times, men were not honoured and esteemed for the only learned who were great linguists, profound critics, readers and devourers of books, but such whose studies consisted of the discourses, documents, and observations of their forefathers, ancient and venerable persons, who (as the excellent author of the rites of the Israelites, chap. XYV., acquaints us) were not only obliged to instruct and inform their children of the wonderful things God had done for their ancestors, together with the precepts of the Moral Law, Feasts, and Religious ceremonies, but taught them likewise all that con- cerned Agriculture, joined with lessons of perpetual practice, in which they were, doubtless, exceedingly knowing, whilst, during so many ages, they employed _ themselves almost continually in it: And though nowadays this noble art be for the most part left to be exercised amongst us by people of grosser and un- thinking souls, yet there is no science whatever which contains a vaster compass of knowledge, infinitely more useful and beneficial to mankind, than the fruitless and empty notions of the greatest part of speculatists, counted to be the only erudite and learned men. An Israelite, who, from tradition of his forefathers, his Own experience, and some modern reading, had in- formed himself of the religion and laws which were to regulate his life, and knew how to procure things neces- _ sary ; who perfectly understood the several qualities of the earth, plants, and places agreeable to each sort, _and to cultivate, propagate, defend them from acci- dents, and bring them to maturity; that also was _ skilled in the nature of cattle, their food, diseases, remedies, etc., (which those who amongst us pass for the most learned and accomplished Gentlemen and Scholars, are, for the most part, grossly ignorant of, and look upon as base, rustic, and things below them) 2 xviii EVELYN’S “SYLVA” AND PRESENT TIMES is, in this learned author’s opinion, infinitely more to be valued than a man brought up either in wrangling at the Bar, or the noisy and ridiculous disputes of our schools, etc. To this sense the learned Modena. And it is remarkable, that after all that Wise Solomon had said, ‘ that all was vanity and vexation of spirit,’ among so many particulars he reckons up, he should be altogether silent, and say nothing concerning Husbandry; as, doubtless, considering it the most useful, innocent, and laudable employment of our life, requiring those, who cultivate the ground, to live in the country, remote from city-luxury, and the tempta- tion to the vices he condemns.”’ Thus Evelyn, to the ‘ Noble Persons and Gentle- men,” as he styles them, of his time. That he aroused the interest he set himself to cap- ture, the successful results, recorded by Dr. Hunter a century later, amply show. Their descendants, how- ever, strayed lamentably from the path so ably indi- cated by Evelyn. Nations have changed since the Sylva was written. The responsibility of maintaining a proper proportion of woods, managed on commercial lines, commensurate with the requirements of the population can no longer be entirely placed upon the shoulders of private pro- prietors. It has become the State’s business, but the nation as a whole is responsible that the State fulfils this obligation, a most solemn obligation, to its posterity. A hundred years of security from the danger of invasion. With a few brilliant exceptions, a total lack of interest, on the part of the State and proprietor alike, in planting, or the maintenance in the country CONSTANT NEED FOR TIMBER xix ~ of that amount of timber which a sudden emergency SS et Te So oo bey et ~ as _ might demand. An almost total reliance on imports of foreign produce, which our Navy was to undertake to see reached us; for so ran our justification for the neglect of planting, in forgetfulness of the fact that our main sources of supply might become closed, from causes over which the Navy had no control. This was the position when the greatest war in history burst upon us. We were caught totally unprepared and the results, from a financial point of view, were deplor- able. Prices mounted up to famine rates. The Admiralty, just as in the days of peril which arose a hundred years after Evelyn lived and died, though now for a different purpose, wanted wood. The War Office wanted timber, large amounts of it. During the. first twenty-two months of the war the materials have been obtained at the cost of millions of money. What would Evelyn have said to ash at 3s. to 4s. per cubic foot, its pre-war price of our day being Is. 6d.? There appears small reason to doubt that the action of the Royal Society in 1662, and of their chosen representative, saved the country a hundred years or so later; since sufficient oak timber was forthcoming to build the “‘ wooden walls’’ which gave us the command of the sea. No one can look into the future, but the present war has shown us the imperative duty which is laid upon each generation to see that sufficient planting is done _ in its time to ensure that the country shall possess a sufficiency of timber in its hour of need. The war did not find us so prepared. We are now faced with a position similar to that existing at the beginning of - xx EVELYN’S “SYLVA” AND PRESENT TIMES the reign of Charles the Second, so far as the urgent need of planting is concerned. The interest aroused in the Royal Society of that day was caused “upon occasion of certain Queries propounded to that illustrious assembly by the Hon- ourable, the Principal Officers and Commissioners of the Navy,” as the title page of the Sylva has it. Evelyn emphasises this in his introduction : “Since there is nothing,’ he says, ‘‘ which seems more fatally to threaten a weakening, if not a dissolu- tion, of the strength of this famous and flourishing nation, than the sensible and notorious decay of her ‘ wooden walls’ when, either through time, negligence, or other accident, the present Navy shall be worn out and impaired; it has been a very worthy and seasonable advertisement in the honourable and princi- pal Officers and Commissioners, what they have lately suggested to this illustrious Society for the timely prevention and redress of this intolerable defect. For it has not been the late increase of shipping alone, the multiplication of glass-works, iron-furnaces, and the like, from whence this impolitic diminution of our timber has proceeded ; but from the disproportionate spreading of tillage, caused through the prodigious havoc made by such as lately professing themselves against root and branch (either to be reimbursed their holy purchases, or for some other sordid respect) were tempted not only to fell and cut down, but utterly to extirpate, demolish and raze, as it were, all those many goodly woods and forests, which our more prudent ancestors left standing for the ornament and service of their country. And this devastation has now become so epidemical, that unless some favourable expedient offer itself, and a way be seriously and OLD FORESTS xxi speedily resolved upon, for a future store, one of the most glorious and considerable bulwarks of this nation, will, within a short time, be totally wanting to it.”’ Immediate and speedy planting was the chief note of Evelyn's bugle call. He was not concerned with planting schemes to cover a period of fifty years or more. His writings and personal exhortations to his friends and others produced the desired result; and lucky was it for this country that they did so, for the results of that crusade are incalculable. Dr. Hunter, in his “ Notes” to the 1776 Edition, briefly accounts for the state of the woods as de- scribed by Evelyn. The first attack, of any material consequences, on the woods of the country was begun ~ in the twenty-seventh year of the reign of Henry VIII, when that monarch seized upon the church lands and converted them, together with their woods, to his own use. As the whole kingdom was at that time plentifully stocked with all kinds of timber-trees, especially oak, the fellings then made did not seri- ously imperil the national timber supply. The deplor- able fellings and waste took place during the Civil War, from 1642 onwards up to the Restoration. Extensive forests, existing at the commencement of this period, were literally wiped from the face of the country, and have since been only represented by the name attached to them at the time they existed. Both royal and privately owned forests suffered almost equally. It was to remedy this state of affairs that Evelyn wrote. Andahundred years later Dr. Hunter’s aim in bringing out a new edition of Evelyn sought to xxil EVELYN’S “SYLVA” AND PRESENT TIMES arouse once again the “ Spirit of Planting.’’ The fol- lowing extract from his ‘‘ Notes,’’ penned 140 years ago, might almost have been written for the present time : “‘ The wants of the nation call for this supply. How many thousand acres of waste land are there in this kingdom, that at this present time produce nothing, but may be profitably improved by planting! Did men of large possessions but rightly consider this, they would carefully look over their estates, search out every useless bog, and plant it with poplars and other aquatics. They would examine all the waste grounds and set apart some for the cottagers, and apply the most barren and useless for plantations. Was such a generous spirit to prevail, we should hear few persons complaining that their ancient common rights are invaded, and that their extreme necessities have obliged them to emigrate to countries far less hospitable than their own. ” That Evelyn had commercial forestry in view, in the interests of the national welfare, and not merely the formation of plantations for sporting or amenity purposes, is evidenced by the following remarks on the subject of obtaining the new woods: “To attend now a spontaneous supply ”’ (7.e. from natural regeneration) ‘‘of these decayed materials (which is the vulgar and natural ’—and, he might have added, the cheapest—‘‘ way) would cost (besides the inclosure) some entire ages repose of the plow, though bread doth indeed require our first care: therefore the most expeditious and obvious method would doubt- less be one of these two ways, sowing or planting. eS ee —— wast A MOST IMPERATIVE DUTY | Xxiil But, first, it will be requisite to agree upon the species: as what trees are likely to be of greatest use, and the fittest to be cultivated ; and then, to consider of the manner how it may be best effected. Truly, the waste and destruction of our woods has been so universal, that I conceive nothing less than an universal plan- tation of all sorts of trees will supply, and will encounter the defect ; and therefore I shall here adventure to speak something in general of them all; though I chiefly insist upon the propagation of such only as seem to be the most wanting and serviceable to the end proposed.”’ He aptly quotes Virgil, Georgics, II, in his plea for confining himself to useful, 7.e. commercial species : Sed neque quam multe species, nec nomina que sint, Est numerus; neque enim numero comprendere refert : Quem qui scire velit, Lybici velit equoris idem Discere, quam multe Zephyro turbentur arene. Evelyn is such a charming companion that it is difficult to refrain from accompanying him further in his ‘“‘ Discourse,’ but we have perhaps proceeded far enough to indicate that the objects which caused the Sylva to be penned once again face the nation. Plant- ing has become, for a variety of reasons, differing in de- gree but not in essentials, one of the most imperative duties the nation is called upon to see to. It may be held that thisis not the time to preach thiscrusade. We know that this is the excuse being given. But we also know that the nation is more wide awake in war time, more intent on setting its house in order. Putting off the work is merely to delay the time at which the crops will become ready for the axe. We have not to wait the hundred and more years necessary in Evelyn's xxiv EVELYN’S “SYLVA” AND PRESENT TIMES day, for we do not need now to produce oak for building the old ‘‘ wooden walls” of the country. Shorter periods will raise the crops we most require, but nevertheless these crops are as urgently needed to be planted by us in the interests of our posterity as were the oak trees for which the Sylva was in the first instance written, though the author, as a matter of fact, dealt with many species besides the oak. Planting work is not difficult. We know the species to use. In fact they and their characteristics were known to the Classic poets of old. As Evelyn says, Virgil (Georg. II) might have been writing of the beautiful woods of this country, now but a fraction in extent of what we require, in his well-known descrip- tion (I quote the translation in the Sylva)— Some trees their birth to bounteous Nature owe; For some without the pains of plafitifig Brow. With osiers thus the banks of brooks abound, Sprung from the wat’ry genius of the ground : From these same principles grey Willows come; Herculean Poplar, and the tender Broom. But some from seeds inclos’d in earth arise: For thus the mast-ful Chestnut mates the skies. Hence rise the branching Beech, and vocal Oak, Where Jove of old oraculously spoke. Some from the root a rising wood disclose ; Thus Elms, and thus the salvage Cherry grows. Thus the green Bays, that bind the Poet’s brows, Shoots, and is sheltered by the mother’s boughs. These ways of planting Nature did ordain, For trees and Shrubs, and all the Sylvan reign. Others there are, by late experience found. This planting question should no longer be delayed. Our waste lands should no longer be left unproductive, A DUTY TO POSTERITY XXV Is the nation going to see to it that this work is carried out? And may the nation hope that that Great Society which soon after its inauguration, as I im- plicitly believe and as Evelyn put it, awoke in the country the spirit for planting and thereby saved us from invasion in the days of Napoleon, will come to its aid once again and by its powerful support help us to secure that area of home woods which present-day necessities demand, which a full utilisation of our national resources and the campaign for thrift in all departments of life equally demand, and which our posterity is likely to so sorely need. ‘ one ere — wr Te re — FORESTRY AND THE WAR PART { A NATIONAL PLANTING SCHEME I FORESTRY : WHAT IT MEANS TO THE NATION For some years past forestry, by which is understood the afforestation, or re-afforestation, of portions of the waste lands of these islands, has been receiving a rather desultory consideration at the hands of the Government of theday. At various periods in the last score of years Royal Commissions have examined the question (and numerous witnesses), and have issued the results of their labours in voluminous Blue-Books. The appearance of these latter has afforded oppor- tunities for animated discussion amongst experts and those claiming some knowledge of forestry. But they have remained a dead letter so far as any practical application of the suggestions they have contained with reference to afforestation on a large scale in the interests of the nation. There are millions of acres of what has been termed waste lands in these islands, variously estimated at I 2 FORESTRY: WHAT IT MEANS TO THE NATION 4,000,000 acres in England, 4,200,000 acres in Scotland, 700,000 in Wales, and 1,500,000 acres in Ireland. It may be said at once that a considerable proportion of this area is suitable for tree growth; there are also about 16,500,000 acres of mountain and heath land in the two islands, part of which could be afforested. By planting up a portion only of the suitable tracts a large sum of money, which at present goes out of the country to pay for timber imports which we could grow ourselves, could be retained and be disbursed amongst our own people. Some of our best blood also, which up to the commencement of the great war was emigrating, could find congenial employment at home at the end of the war either in the woods or in those industrial businesses and factories which arise in the neighbourhood of wooded areas of sufficient size. It will be asked why, with a great war on our hands, worry about such problems as this one connected with forestry, since up to the outbreak little had come of the labours of various Commissions, that therefore the matter could not have been considered, either by the Government, the politician, or the economist, as of vital importance in the interests of the nation. The answer is to be found in the very fact of the incidence of the war and the unprecedented effect it must have, so far as the cheaper forms of timber are concerned, on the timber markets of Europe, if not of the world. Now, in these markets the United Kingdom up to July 1914 unfortunately reigned supreme, so far as our demand and our imports are in question, for we took approximately half of the total world’s imports of forest produce, co | ele eee _ INCREASE OF PRICES 3 At first sight the war would not appear to afiect _ this matter, since we retain the command of the sea. That prices would rise in the event of a European war was a foregone conclusion. That they have risen for certain materials to an unprecedented degree is of course due to the closure of ports in the fighting areas, to German submarines, and to the shortage of freight vessels, so large a proportion of the mercantile marine being occupied with transporting troops and their impedimenta and supplies; whilst German vessels have disappeared from the oceans. Such rises are merely incidental ones, which the opening of the ports and an addition to the available vessels for transport _ purposes, other conditions remaining the same, would readjust to some degree. _ But there are other increases in prices which the _ end of the war is unlikely to see sink to their former levels. Much of the cheaper.timbers used in the build- _ ing trade and for numerous other purposes fall within this category. It will be admitted by those who have followed the course of the operations of the war, pro- vided they have some first-hand acquaintance with the _ terrain in which it is being fought, that a very consider- _ able destruction of forest is taking placeand has taken _ place within the fighting area. To this must be added | enormous amounts of timber felled and used up in the _ preparation of trenches and fortified lines, which now _ run into many hundreds of miles; in the provision of _ Sleepers for the network of light railways behind the firing line and elsewhere, and so on. Young pole growth (7.e. young sapling woods) has been sacrificed wholesale to form corduroy roadways and for other 4 FORESTRY: WHAT IT MEANS TO THE NATION purposes. The destruction which has already taken place in this manner in Belgium, North France, and Poland must be immense. As is well known,Germany has been making wholesale fellings in the Belgian forests, and transporting the timber so cut into her own country—to save, doubtless, felling in her own woods. The result of all this destruction must inevitably react on the supplies available for use by the countries in which it has taken place. In other words, we must expect in the future to meet these countries as com- petitors in markets to which up to now they have not had to resort to any great extent. This is one point which should receive early and serious attention. But there is another which, although it has a direct relation to the above, is really distinct, and requires to be con- sidered apart. It falls within the category of passing or temporary problems, but it is likely to prove for us an exceedingly unpleasant one, and, so far as can be foreseen, an expensive one to boot. How are the towns and villages, the farms and tenements of all kinds of stricken and devastated Belgium to be rebuilt? How those of France and Poland ? House-building at the close of the war will be on a gigantic, a hitherto undreamt-of scale. Enormous amounts of timber will be required, of the cheaper kinds of timbers which are known to commerce as soft woods ; these are practically all conifers—pines (red and yellow deal), spruces, and firs (white deal) and the larches. It will be interesting and instructive to consider for a moment where these materials chiefly come from, ee ae a AREAS OF SUPPLY _ 5 We ourselves grow only insignificant amounts, usually _ absorbed and used locally, and now being cut out to _ supply a great deficit in imports. Our main supplies % are imported. The bulk of these come from Europe, _ chiefly Russia, Sweden, and Norway, with smaller amounts from France, Germany, and Austria-Hungary. _ Both Germany and Austria-Hungary, it is interesting - to note, possess large areas of well-conserved and _ managed forests, although their exports to us in the past have been comparatively small. Of the materials here considered, the bulk of the supplies, outside Europe, come from the United States of America and Canada. The export and import of heavy forest materials such as timber from and to any country is determined by the geographical position of that country. For a long time Sweden and Norway, ¢.g., have been felling their woods, and exporting the materials both to Europe (Great Britain, France, Germany, Belgium, Holland, Spain), and even to Africa and the Cape. Austria-Hungary before the war sent material to Germany, Italy, France, Greece, Turkey, Rumania, all of whom are her neighbours. Canada and the United States export their materials by the Pacific to Asia, and by the Atlantic to Great Britain, France, Portugal, and Germany. Russia exports largely to Great Britain—also, before the war, to Germany, France, and Holland. From our point of view, the great exporting country _ of cheap woods is Russia, who sent us in 1913 about _ £15,000,000 sterling worth of wood materials out of 7 te se Ee < Se ENR) SS =e a ae et CHR gy PEO 0 Pe Pe eee aor oe" Liege ee = tote _ 442,725,000. Since I hold the opinion that our im- our total import of forest produce for that year of _ 6 FORESTRY: WHAT IT MEANS TO THE NATION ports during the next thirty to forty years must largely come from the Russian forests, I deal fully with this subject in Part II. of this book. Next to Russia in importance come Norway and Sweden. These three countries send us the bulk of our supplies of these soft woods, either in the form of split or sawn, planed or dressed logs, or as pitwood for the mines, or as wood pulp, in such large demand for paper-making. The question, therefore, presents itself, What effect is the exceptional demand for these soft-wood timbers for house-building, etc., in the devastated countries likely to have on our home market—7.e. on the European timber market—in face of the great competition which it appears must inevitably arise with the advent of other European countries as bidders ? Building timbers will not be the only requirements. Wholesale refurnishing will also make considerable demands on the supplies. Unless very careful ar- rangements are made before the war closes, it ap- pears inevitable that we shall suffer, that our numerous industries which make use of timber of varying quality as a raw material will suffer, to a ruinous extent. As a nation we shall be helpless in the timber market, for we have no supplies of our own which, carefully husbanded, would enable us to tide over the next few years. Even in the pitwood market it was calculated in November 1914 that our total re- sources of this material in plantations in the country would be exhausted in two years! Since the com- mencement of the war fellings and thinnings have been made in many of our woods to take advantage ~~ Oe ee a a Pre I. NOW BEING FELLED IN BRITAIN CLASSES OF WOODS ATHOLL ESTATES, NEAR STANLEY, ARS OLD , AT STRATHORD ooD Scots PINE W . 42 YE e) Lye ust 1913 (Pitwood siz: nade, Aug st n 7 te o gj hinnin A small t PERTHSHIRE, 31 YEARS OLD. EAR DUNKELD, N OOD )CRAIG VIVIAN LarcH W Fhotos by Author. tweod size). arch 1914 (Pi M 1 le, just mac A thinning 6) ere sa # vS LORD SELBORNE’S MOVE 7 of the rise in prices for this material, Some of these fellings have been distinctly to the good, since they have enabled proprietors to get rid at a profit of poorly grown or wind or snow-broken woods—woods which two years ago would not have paid even the cost of felling and removal of this class of timber (vide PI. 8) ; for it could not compete with the foreign imported product of the same class, but infinitely better grown. But the amount of material so provided has been a ‘mere drop in the ocean of the demand which exists. And we are now exploiting our better-class com- mercial woods, Heavy fellings are now being made in these woods both at the instance of Government and in the interests of wood merchants. A Home Timber Committee has been appointed by Lord Sel- borne. It was a wise move and well timed. But its _ chief duties at present—its only duty of any import- -ance—is connected with the cutting down of such of _ the woods in this country as have a present com- mercial value. Its reference of appointment was confined to this matter. In spite of the very high _ Tates as compared with pre-war prices now in force, no _ Stipulation was imposed by Government demanding | ‘that the woods disposed of in such a lucrative fashion _ should be at once replanted. There are two points in connection with these home timber fellings which Inight, without undue hardship, be insisted upon: (a) all woods purchased and felled by Government at the present high rates should be at once replanted by the Owner as a condition of contract; (b) the Home _ Timber Committee should keep a careful record of the amounts of material cut from the areas they purchase, 3 8 FORESTRY: WHAT IT MEANS TO THE NATION its nature, locality in which grown, etc.; for such a record will prove most valuable in future planting operations. | From the foregoing it will become apparent, even to the man in the street, who pretends to no first-hand knowledge of the aims of forestry in a country nor of the timber markets of the world and their idiosyncrasies, that the present position would appear to require im- mediate consideration, and firm yet delicate handling, with the object of arranging for our future needs in timber, etc., and in order to prevent serious and un- necessary competition in the European markets at the end of fhe war. For, as matters stand, such com- petition would take place almost solely between our- selves and our Allies. The problem requires organising to prevent corners being made by speculators. Steps © should be taken to ascertain so far as is possible the © amounts of timber which will be required for the | rebuilding of the houses within the devastated area ; we should endeavour to ascertain in good time the available amounts of timber for export in Russia, Norway, and Sweden; and from our own Empire, Canada, Newfoundland, etc., and, finally we should come to a definite understanding with our Allies under which some arrangement with reference to the timber available for export should be made in order to prevent a competition which would send up prices to a ruinous extent. Since the United Kingdom has been by far the largest importer in the past, and is consequently the country which will feel competition in the markets the most ee severely, it would seem to be our business and to © Pt 2. NEWLY FELLED AREA AS LEFT UNCLEANED BY TIMBER CONTRACTOR. The area will have to be first cleaned by the forester before planting up. Peeblesshire, February 1913. W.A. Fraser, photo. “g . wise OQ: Coa a “ar al YOUNG PLANTATIONS ON THE HaysTOWN ESTATE, PEEBLESSHIRE. A wind-swept ridge in foreground which has proved difficult to plant up. 8) NEED OF CAPITAL 9 our interest to take up this matter, and to come to an understanding with our Allies on the subject, and, if possible, with neutral countries such as Norway and Sweden, as soon as possible. In this connection one of the first problems requiring solution is, as has been indicated, to ascertain the amount of timber which it will be possible for Russia, Norway, and Sweden to export for the next few years. It should not prove a difficult business to obtain fairly close enough estimates of these amounts. Russia, as is well known, has vast forest resources, and, as will be shown, she has been one of our chief suppliers for some years past. But to tap these supplies capital will be necessary, and organisation. With the inflated values of timber it may be thought that capital should be easily forthcoming. But the war will not leave Russia with any capital to devote to the purpose, a busi- ness in which she will not have as vital an interest as we ourselves. We shall be the hardest hit by a failure in our timber supplies, as we are in fact at the present moment. As regards neutral suppliers, Norway and Sweden might be inclined to hold up their supplies and be unwilling to cut up to their annual increment, or even over it, to take advantage of an enhanced market, in the hope that prices might go higher. Any action tending to the holding up of supplies at the end of the war would have serious and disastrous effects, and the _ risk should be removed by previous agreement between _the parties concerned. Whatever steps it may be decided to take, it would appear advisable for the Entente Powers to discuss and settle the problem. For none will have money to fritter away in operations 10 FORESTRY: WHAT IT MEANS-TO THE NATION which, owing to unnecessary competition, are rendered more costly than they need have been. We may now briefly look a little further forward, and examine the position of affairs as it is likely to affect this country for the next score or two of years. It is probable that we are faced with a permanent increase in the price of timber materials. What action should then be taken by the nation ? Should we not take up this afforestation problem in a business-like manner, and give up treating it as either a plaything of the politician or an amusing if expensive hobby of the landed proprietor ! Some beginnings of State afforestation have been made in Ireland. The conditions in that island favoured the acquisition of land by the State for the purpose. In England and Scotland the conditions are different. Education in forestry has been receiving the close attention of the Development Commissioners, and very considerable progress has been the result. Some of the larger city corporations have commenced to afforest the catchment areas of their water supplies. A few of the largest landed proprietors, especially in Scotland, have considerable areas of woods managed on a commercial basis. Broadly speaking, this is the present position. We shall discuss it at greater length in a subsequent article. Afforestation from the commercial point of view, the only point of view of any real value to a country requiring the large amounts of raw forest material annually needed by us for our indus- tries, our manufactures, and so on, has not got beyond the talking stage. To the public at large commercial forestry is still an unknown industry. Its necessity Se RE ss. eh A COMMERCIAL CONCERN II and its possibilities are little understood. Asa re- _ sult of this apathy on the part of the nation, we are now faced with a very serious position. It has become _ imperative, in the interests of the community, that a certain proportion of the plantable waste land in these _ islands should be placed under woods at as early a date as possible. __ How is this to be done? It will be obvious that it is quite beyond the power (t.e. the purse) of the private individual, unassisted. Forestry is not like agriculture. Long periods have to be passed before the harvest can be reaped, ordi- narily sixty to eighty years for timber. It isa State business. Forestry to be a success can only be under- taken on a commercial scale. Large areas are re- — _ quired, and these areas must be in contiguous blocks of from five hundred to several thousand acres of compact woodland. Only in this way can forestry _ be made to pay as a commercial concern. For with such areas the felling and extraction of the material is facilitated, and the subsidiary industries which arise in countries possessing a considerable head of popu- lation can be supplied with the raw products they require. This is not the duty of the private pro- _ prietor. He can assist materially when he owns __ compact areas of woods such as, in fact, exist on a few _ of the large estates in the country ; or, again, a number of smaller proprietors can similarly assist by clubbing ‘together woods or waste lands lying adjacent to one another, and working them as one area under a trained forester. The small areas of woodland dotted so picturesquely over the countryside in these islands 12 FORESTRY: WHAT IT MEANS TO THE NATION are useless from the commercial forestry point of view. Nor can their owners make them pay or expect to be able to do so, since there is no continuity in supply of materials from such areas, and without such con- tinuity it isnot to be expected that the wood merchants will be able to offer a remunerative price for the timber, nor can the railway companies be expected to provide cheap facilities for its transport. These have been the troubles of the past. They have been gradually coming more and more into focus. The Great War has brought them to a head. The question, then, before the nation is—How are we going to set about the afforestation of our large waste areas on a scale commensurate with our neces- sities, in order that succeeding generations may not be left entirely at the mercy of foreign countries so far as its timber requirements are concerned? For this is our present position, II | THE POSITION OF THE AFFORESTATION QUESTION IN BRITAIN AT THE OUTBREAK OF THE WAR—AND NOW In the introduction to these articles attention has been drawn to the remarkable parallel existing between the afforestation question as it confronted the country in the early days of Charles II and the present time. We are in infinitely better case to-day, for we have not now to wait the long periods necessary for the growth of large oak timber such as was required to build the ships of the old Navy before the introduction of the steel-built vessel. Thirty-five to forty-five years will suffice to produce pitwood crops and paper-pulp wood, and double this period most of the other conifer wood we so largely need. Before dealing with a suggested planting scheme for this country, it will be advisable to glance at the more recent past history of the afforestation question, and _to visualise the extraordinary, the startling, apathy in _ the light of our present war requirements in timber materials, with which the whole subject has been re- garded in the past by Government and public alike. To briefly recapitulate the earlier part of the his- tory of this matter. We have seen that the planting revival which took place in Evelyn’s day as a result of 13 14 POSITION OF AFFORESTATION QUESTION his work carried out under the auspices of the Royal Society was successful in providing the Navy with its requirements a hundred years later, It has also been shown that this excellent work was not continued after 1820 or thereabouts. The nineteenth century saw a change in the materials required for shipbuilding and the removal of import duties from colonial and foreign timber ; economic factors which may be said to have sounded the death knell of British forestry, already in a moribund condition. It became unprofitable. And yet it had been a profitable rural industry for centuries in this country. It was not that the industry would not still pay. It was simply that the old English methods of growing timber which dated from 1540 or thereabouts, and which in that period had spread throughout this island and across into Ireland, no longer provided the clean stems free from knots required by the market. The markets had changed both in this respect and in the kinds of timber (species of tree) they required, and we continued on the old lines growing material for which there was no demand.' Practically throughout the latter half of the last century the woods came to be looked upon chiefly from the point of view of game coverts and ornaments to large estates. | We depended almost entirely on imports for our sup- plies of forestry materials. It is not proposed to burden this article with a wealth of statistics. Figures, we all know, can be made to show anything. But it will be necessary to glance at the areas of land in Great Britain and Ireland and 1 This subject is dealt with at greater length in Article XII, pp. 163-5. ive a ee PERCENTAGE OF WOODLANDS 15 the proportion of woodland and mountain and heath land to totalarea. Roughly speaking over nine-tenths of our wood imports are of coniferous timber. Now coniferous trees are just the class of trees which we could grow, and grow successfully, on our derelict and waste lands, which aggregate roughly over 16} million acres. Britain, once covered with forests, is now one of the most poorly wooded countries in the world. The land areas are roughly as follows: Mountain Percentage. Land Area. | Woodlands. ov Wood- | Waste ; land. land. acres, acres. acres. England 32,381,000 | 1,666,000 | 2,306,000] 5°1 71 Scotland 19,069,000 | 879,000} 9,375,000] 4°5 48°1 Ireland 19,323,000 | 303,000} 3,780,000] 1°5 18°5 Wales 4,748,000} 182,000} 1,251,000] 3°8 26'2 TOTAL. - 175,521,000 | 3,030,000 {16,712,000} 3°9 21°6 The percentage of woodlands in Great Britain and Ireland is 4 only. The area of mountain and heath land runs to over 164 million acres, and much of this at present brings in a very small annual return, roughly, save in exceptional circumstances, from 2s. 6d. per acre to a few pence per acre only. There is a good deal of the latter in Scotland. I will commence by briefly indicating what we have been doing towards attempting to ameliorate the returns from this poor land. During the past quarter of a century several Com- mittees have been appointed to deal with the forestry guestion. The result, so far as the actual planting of 16 POSITION OF AFFORESTATION QUESTION woods for commercial purposes is concerned, has been nil. Nota tree has been planted. In 1887 a Parlia- mentary Committee considered this question and made recommendations. Had these been given effect to and had planting on a considerable scale been under- taken asa result, we might now have had a series of woods from which we could have drawn a supply of pit timber for the mines. Well-grown woods of this age are, where they exist in this country, actually being cut down for this purpose at the present moment. But we did nothing ! Again in 1902-3 a Departmental Committee of the Board of Agriculture reported on the subject. Unfortunately it did not advocate any large planting scheme, but made valuable recom- mendations on the subject of a more extended system of forestry education. Effect was given to these recommendations in different parts of the country, and the question has since received hearty support from the Development Commissioners. But no plant- ing was done. In 1908 a Committee appointed by the Department of Agriculture in Ireland recommended a scheme of planting up 700,000 acres in that country. Purchases of land for this purpose by the State were commenced in Ireland and the work has since received considerable support from the Development Com- missioners, and what may be termed a State Forestry Department has come into existence in Ireland. In 1906 the Royal Commission on Coast Erosion and Afforestation was appointed. The Committee examined numerous witnesses, including all the expert advice procurable, and issued its Report in 1909. This Report recommended the planting of 9,000,000 {gz ‘loyyny Aq oJOYd =“"eI61 [dy ‘WOTeADO IIMO’T ‘d1IQO SUVAX ZV ‘ANIHSHINAG “VIOHLY YIVIG ‘GOOM NVO IV “ANIG SLoas FORESTRY IN SCOTLAND 17 acres by the State, of which 6,000,000 were to be planted in Scotland and the balance in England, Wales, and Ireland. With the exception of Ireland nothing was done. No planting was undertaken in Great Britain. In 1911 a Departmental Committee on Forestry in Scotland was appointed and issued its report in 1912. In addition to recommendations on the subject of forestry education and the acquisition of a Demon- stration Forest Area, the question of afforestation in Scotland was considered. Flying surveys of the country were advocated in order to ascertain the avail- able planting areas, the establishment of a limited number of State trial forests, and the appointment of _ an Advisory Forest Officer. The last recommendation of the three has been given effect to. In 1912 a very practical Report appeared entitled ‘‘ A Forest Survey of Glen Mor and a consideration of Certain Problems arising therefrom.’ This Report was drawn up by Lord Lovat and Colonel Stirling of Keir, late Presi- dent of the Royal Scottish Arboricultural Society, and was published under the auspices of that Society. The following extract from the Preface gives the reasons aimed at in the preparation of this Report: “ This survey is the first serious attempt to grapple with the economic difficulties which confront affores- tation in that part of Great Britain” (to wit, Scotland) “where the largest extent of plantable land—that is to say, land sufficiently good and sufficiently cheap— is to be found. It would have been easy to select an area where most of these difficulties would have been avoided, and tocreatea forest under ideal sylvicultural 18 POSITION OF AFFORESTATION QUESTION conditions within a ring fence. Such areas do exist, and no one will deny that they have the first claim on afforestation. But if sylviculture is to become a leading industry in the Highlands of this country, as it is in those of France, Belgium, and Germany, and to be an important source of national wealth and national employment, as it is in those countries, it must invade the wintering of the high sheep farms and deer forests which occupy the bulk of northern Scot- land. The writers have therefore, at the request of the Council, deliberately set themselves to face the difficulties which have there to be met. “The Council believes that the Report establishes the following propositions :— “I, That it is possible to create forests in the High- lands, even in districts where the economic conditions appear most adverse, without seriously impairing existing sources of wealth. “2, That afforested areas will, even in the early stages of the movement, gain greatly in employment and population. “3, That the actual work of planting can and ought to be cautiously begun as soon as the progress of the Survey justifies the selection of definite areas.” This Report in effect practically drew up what the scientific forester would term a Plan of Operations for the afforestation of 60,000 acres in Glen Mor, through which runs the Caledonian Canal. To those interested in the matter and to the nation at large, a perusal of this interesting and valuable scheme may be recommended. The war has doubtless altered to some extent some of the economic problems upon the existence of which the Report is based, but its un- deniable value still remains, : ee “ - : a ee P\bere; eee gad ” A NATIONAL WORK 19 _ The Development Commission was appointed in May _ Ig10. During the six years of its existence it has en- _ thusiastically taken up the forestry question. Briefly, _ at the outbreak of the war as a result of the work of _ theCommission the position was as follows. In England | the counties had been formed into natural groups and _ a Forestry Adviser been appointed to each group, the _ salaries of these officers being paid from a grant from _ the funds at the disposal of the Commission. In _ Scotland an Advisory Officer to the Board of Agricul- ture had been appointed and Advisory Officers were being appointed in the west and east of the country. _ The Forestry Advisers in both England and Scotland were attached to either the University or Agricultural _ College existing in their centre. But the Commis- _sioners had gone farther than this. They recognised that if the large areas of waste land existing in this country, eminently suitable for afforestation, were to _be planted up, it was no longer possible to expect private proprietors to be able to find the necessary money. In fact, they realised that the work had now become a national one. The problem was admittedly ‘difficult, but after careful inquiry into the various _ conflicting interests they offered a solution on the _ following lines. ___ The owners of the greater bulk of the afforestable _ land in blocks of size suitable to achieve the aims of commercial forestry consisted of large City Corpora- tions, Water Trusts of the great cities and towns ‘possessing large catchment areas, and large landed proprietors. To such bodies and proprietors the Commissioners | t j { ; ’ 20 POSITION OF AFFORESTATION QUESTION were prepared to provide money for afforesting suit- able areas on the understanding that the land should be reserved for afforestation on commercial principles for at least one complete rotation. No rent would be paid for the land, but the landowner would receive a fair share of the proceeds for the timber grown on the area. The Commissioners would advance the money required for the planting work. The landowner’s share of the ultimate proceeds would be based on the proportion which the value of the land bears to the estimated capital expenditure required to produce the crop. The proportion of the receipts to go to the owner of the land were to be a matter of negotiation and arrangement between the proprietor and the Develop- ment Commissioners at the start in each case. It would be based on the present rental value of the land, its character and other circumstances affecting the finance of the scheme. Owing to the necessarily great variation in these data, it was not possible to draw up any general terms of assistance. The only stipulations, or probably the chief ones, laid down for advances of this nature were that the land to be planted should be in a sufficiently _ large block (500 to 1,000 acres) to be commercially ° exploitable when the woods reached maturity, and that these latter from the time of formation should be skilfully managed in accordance with a previously drawn up working plan and regular inspection by the District Forestry Adviser. It was also laid down that the afforested areas should be available as demon- stration areas for the use of students and others PRE-WAR EFFORTS 2 interested in forestry ; a condition which bas been readily accepted. The sums advanced were to be on a maximum basis of {5 per acre, including the fencing of the plantations, the loan to carry an interest of 3 per cent. Up to the outbreak of the war loans of this nature had been made or promised for the afforestation of their catchment areas to the following Corporations and Water Trusts in England and Scotland : ENGLAND Liverpool._—A large area on Lake Vyrnwy in North Wales is being afforested on the above conditions, Liverpool] having led the way in this new departure, readily acquiescing to the condition that the area _ should be available as a demonstration area. Manchester.—Has been afforesting her catchment area at Thirlmere during the past twenty years out of funds provided by the Corporation. Birmingham.— Has a magnificent unplanted area in Central Wales, and has been for some time considering the question of afforesting it. Leeds.—Is also contemplating the advisability and advantages to be gained by afforesting the land of this nature it possesses. SCOTLAND Edinburgh.—The Edinburgh and District Water Trust have commenced the afforestation of 600 acres of the Talla catchment area, and are also afforesting areas round the smaller reservoirs. The members of 22 POSITION OF AFFORESTATION QUESTION the Edinburgh Water Trust by their enlightened policy thus led the way in this matter in Scotland. Lanarkshive.-—A scheme for afforesting part of an area Of 5,000 acres on the Camps catchment area, owned by the Lanarkshire County Council, has recently been adopted by that enlightened body and the planting work has been commenced. Other places are also considering the matter, but for various local reasons have not yet started their schemes. It will be seen, therefore, that a commencement of this important work had been made before the war broke out. Still more significant perhaps is the fact that a number of the business men of the country had shown by their acceptance of the offer of the Develop- ment Commissioners that they realised the great possi- bilities of afforestation in this country. And this realisation had come to them before the war. The aspect of the question has now entirely changed. As has been shown, the price of timber in the future will certainly be greater than in the past, and affores- tation will prove a paying investment. IRELAND The land conditions in Ireland are different and a State Forest Department is now in existence. Land has been purchased and three large centres are now ~ owned by the State, and are being planted out of funds — from the Development Commissioners. These areas — are in Central Wicklow, County Cork (Ballyhoura), and ~ in Queen’s County (Slieve Bloom). This was, broadly speaking, the position of affairs : % Fue - >... PES As THIRLMERE, LAKE DISTRICT: A CATCHMENT AREA OF THE MANCHESTER CORPORATION, Now BEING PLANTED UP, SEPTEMBER 1913. “Tatra CaTCHMENT AREA, EDINBURGH AND District WATER TRUST, Now BEING PLANTED UP, APRIL 1914. PHOTOS BY AUTHOR. 22] A PAYING PROPOSITION 23 at the outbreak of war. Now it is not open to doubt that the war has intensified the urgency of the affores- tation question in this country. However near to _ their former level we may be able to bring prices, the _ tendency of the future will be an inevitable increase. } " For years the possibility of a timber famine in Europe has been discussed by experts as the probable outcome of the utilisation of the accessible available supplies in different parts of the world. That prices would | = risen in a comparatively few years even without _ the war wasacertainty. The war leaves the question in no doubt. Consequently forestry, commercial forestry, will be an even more paying proposition in the future than would have been the case. And I believe all experts are convinced that far from postponing the matter for any further future _ consideration steps should be taken now to prepare schemes of sufficient magnitude to ensure both suc- cess and adequate supplies for posterity. Asa nation we are ever more wide awake in times of stress and danger, and since peace failed to bring this question home to us, even with the numerous Committees and Royal Commissions which have sat upon it, may we not hope that the stress of war and the price we are paying for our fathers’ dilatoriness may rouse us to its great urgency ? Had our grandfathers, sixty to seventy years ago, planted up a proportion of the waste lands of these islands we should have been saved a large sum of money and a great deal of anxiety during the past year and three-quarters. Had our fathers planted thirty or forty years ago the pitwood required for the mines would have 4 24 POSITION OF AFFORESTATION QUESTION been available in this country, and the great trouble to which mineowners were put and the ruinous prices they are paying for their timber, and we are all pay- ing for our coal, would not have existed. Paper pulp from areas of spruce woods which many parts of our lands can grow to perfection would also be available, and the Press would not be faced with the position in which the action of a neutral and of our own Govern- ment has now placed them. With these facts staring us in the face, will it not strike us that the crusade preached by Evelyn two and a half centuries ago and the spirit for planting—as it was quaintly termed—which it aroused, should once again be raised throughout the country, and that the few who have preached it in and out of season during the last quarter of a century should now have the © nation at their back ? ; _ After all, it isa question for the country. There are , 3,000,000 acres of so-called afforested land—of wood- — lands. And we have, say, 9,000,000 acres of afforest- able land; put it at 7,000,000 or even 5,000,000. It will do to go on with. It has been stated by many who know what they are talking about that this land or much of it will bring in more under trees than under any other form of cultivation ; or, to put it in another way, that this land will prove a greater national asset | under woods than managed in any other way. Why | not then set to work and get it planted up? If for no ~ other reason than the one of national economy, the matter must be regarded as one of urgency. We can no longer afford to leave any source of national ; | wealth unexploited. We must all agree that it has _ SS ee ae ee e a < ieee Sc ADVANTAGES OF PLANTING 25 become a duty—a national duty—to see that every acre of land in this country is made to bring in the best return possible in the interests of the community asa whole. Well, there exists a considerable acreage _ of land which experts are agreed is not bringing in anything like an adequate return. This land can be _ made to grow produce which is in great demand in _ the country, and which in the absence of home-grown _ supplies necessitates large imports which have to be _ paid for, and which are going to be more expensive | in the future. The aspect of the forestry problem has entirely changed from its pre-war position. The _ prices for timber are not likely to fall to their former _ level. So long as prices were low there was a good _ deal to be said for those who were against afforesta- tion in this country. The arguments they urged had a certain element of soundness, as, e¢.g., the contention _ that forestry would not return even the 2} to 3 per cent. claimed for it. The Great War has swept away such doubts and arguments. Prices have gone up and the nation is now assured of successful financial -Tesults from its afforesting work. On all counts the _ planting of this land will be of immense advantage to us. It will save imports, employ labour, and help home industries. In the last connection it will do more than help. It will result in establishing new ones. For the maintenance of a considerable area of forest in a country leads to the establishment of sub- sidiary industries such as paper-pulp mills, saw mills, bobbin mills, furniture manufactories and soon. And these afford employment to a considerable head of population. 26 POSITION OF AFFORESTATION QUESTION All that appears to be wanted is a plan of campaign and a favourable hearing from Government. It is not demanded here that additional work should be piled upon already overworked and harassed officials. It cannot be the desire of any one to add any extra burden to the heavy ones already being shouldered by the Government. Rather the reverse. But at the present time it becomes a duty of each one of us to do all in our power in the interests of national economy and thrift. The termination of the war is an indefinite period. Meantime there are large areas of land in this country which can be better utilised in the national interest, given the inauguration of a suitable scheme. Trees take a long time to grow: even the shortest ro- tation for a tree crop is approximately half of the pro- verbial ‘‘three score and ten years.’’ Therefore each year which elapses without a commencement being made in remedying the deplorable state of affairs is a waste of national resources which can easily be ex- pressed in pounds, shillings, and pence. There are men in this country perfectly acquainted, by knowledge, training, and experience, with such work, who would be quite capable of organising a scheme of this nature and of seeing that the nation got a full return for the capital sum laid out. Is it too much to expect that the country will realise the economic importance of getting these millions of derelict acres under a profitable crop, and insist on the job being put through ? a Sl aa I Ill A NATIONAL PLANTING SCHEME _It has been shown in the previous article that we possess in this island considerable areas of land, run- ning into millions of acres, which are entirely suitable for planting, that these areas are in fact more suit- able for growing crops of trees than for any other purpose, and that by planting them up at the earliest opportunity we shall be putting into practice that campaign of thrift, economy, and the conservation of national resources which the Government of the day are so earnestly preaching. The present position as regards prices of forestry materials has also been alluded to. The important question involved in the application of methods by which these prices can be reduced to a more normal level and that other equally serious one—the question of making some arrangement by which our timber supplies can be placed on a sound basis during the period our newly planted timber crops are reaching felling size—are matters outside the province of this article and will be considered in a subsequent one. We are here concerned with the afforestation of the derelict areas in this country ; with, in fact, the inaugu- ration of a planting scheme of adequate dimensions. 27 28 A NATIONAL PLANTING SCHEME The abortive attempts of the past quarter of a century by various Royal Commissions and Committees to tackle this planting problem have been already re- viewed. One and all have made recommendations. Almost without exception the urgency and necessity of undertaking planting operations has been admitted. Some of the schemes were too meagre and small; others were said to have been too bold and large. But without exception they met the same fate. Nota plant was put in as a result of the labour given and money spent. The apathy of the public on this subject, an apathy born of ignorance, was complete. And the Govern- ment of the day, satisfied with this evidence of the lack of public opinion and public interest in the subject, and being almost equally ignorant of the economic aspects of the case—for were we not getting with ease all we required from across the seas ?>—were only too well content to let the matter drop. In those days economy in running the nation was not an urgent busi- ness, nor any one’s business, nor did it appear to matter that we possessed millions of acres of land—land lying derelict—which could grow so much of the forestry materials which we were content to import and to pay for. The planting of this land would apparently give rise to contention, would be objected to, and so the Government of the day were only too glad to appoint a Commission, let the matter simmer, boil over in the Press, and relapse into oblivion once again. The position has with so many others altered with the coming of the Great War. We can no longer ignore the fact that the land is SRS TRADE LY IE I oy glk . oe PO yee THE PLANTING UP OF A GLEN. Young plantations of larch (above the road), Douglas and common spruce (below road), Haystown Estate, Peeblesshire, February 1913. W. A. Fraser, photo. é . ‘ ‘ . i i “ . ‘ 4 ‘ - rs a Py - { , = f ; ; } ‘ >. he i ¥ =) 4 By 4 + - , 7 ‘ . ) ' ‘ ‘ « . : ‘ ‘ . ; r , > ) = ‘ ; ’ 2 ‘ THE ONLY SAFE COURSE 29 there waiting to be planted. We can no longer shut our eyes to the fact that to leave these derelict areas unplanted any longer will be a national disgrace and at the same time prejudicial to all efforts on the part of the Government to preach a thrift campaign. Weare aware that immense destruction amongst young pole crops has taken and is taking place on the Con- tinent within the fighting areas (vide frontispiece). In this country we are perforce sacrificing consider- able areas of young woods and felling old ones of any value, since we must supply the urgent needs of the country. It is impossible to forecast the future, but that the demand for timber materials forty years hence is likely to be larger even than at the present day is at least a strong probability—and prices will be higher. It rests with this generation to say whether they will leave their posterity to face a worse position, if this is possible, than we are in to-day. The only safe course, practically the only course, to follow is to undertake at once the planting up of such parts of our available waste lands as are obviously capable of growing a good marketable crop. The selection of such areas would be comparatively easy once a definite policy were laid down and the campaign properly organised. It would not be advisable or necessary during the first few years to deal with exposed areas or to go up to doubtful altitudes. No heroic measures are demanded or necessary. The country has been already divided up into forest districts, each comprising several counties, to each of which a forestry adviser has been appointed. In these districts the most suitable areas for immediate planting are probably 30 A NATIONAL PLANTING SCHEME already known,or could be quickly ascertained ; the only necessary stipulation being that the planting blocks should have a minimum size of, say, 500 to 1,000 acres. The land selected would mostly belong to private proprietors, municipalities, and so on. It would be necessary to come to terms with them. It should prove feasible in certain cases to do this on the lines already laid down by the Development Commissioners on the principle of shared profits, the Government finding the money for planting and fencing up to a certain prescribed sum per acre, and the proprietor of the land and the Government sharing the profits resulting from the crop raised, after the repayment of the loan. The proportion of profits to be shared would naturally vary with the value of the land, and would vary in individual cases. This was the proposal before the war, and as has been shown, was accepted by certain corporations and water trusts. A more recent offer of the Development Commis- sioners differs from the above. To meet suggestions made by landowners it is now considered possible that the latter may prefer to lease areas of considerable size for planting, and to receive the annual rental plus a percentage of the ultimate profits from the woods as afforestation value on renewal of the lease. And this would appear an equally fair arrangement to both parties. | Lastly, Government may purchase land for afforesta- tion and become the owner of a certain proportion of the forest area of the country. The question of national afforestation then may be approached in several ways, all of which, with the eg eee WASTE LANDS 31 varying conditions obtaining, are worthy of considera- - tion. To put them as briefly as possible the methods open to us are: (a) The lease and afforestation of waste lands by Government, the proprietor sharing in the expenses and profits. (6) The lease and afforestation of waste lands by Government. (c) The purchase and afforestation of waste lands by Government. . Any one of these methods should produce satis- factory results given a correct choice of method for a particular locality and efficient management. Ifpublic funds are to be sunk in this industry, and the war can have left us in no doubt now that a certain sum will | -have to be allocated for the purpose, efficient manage- ment is a sine gua non. Such management can only be obtained by the establishment of Forestry Branches in the Departments of Agriculture with their own personnel and funds. Commercial forestry cannot come into existence in the absence of such branches, and unless the matter is treated solely from the business and commercial point of view the public money de- voted to it will be wasted. It is unnecessary here to go into the details of what “ efficient management ”’ implies. Both Government and public alike may rest satisfied that they have in this country men who are fully capable of carrying out afforestation schemes without the waste of public money entrusted to them for the purpose. It is no longer necessary to go to Germany to seek advice. In fact, Germany has far too long clogged our feet in this matter, both in this 32 A NATIONAL PLANTING SCHEME country and elsewhere, to the detriment of all real progress. We know what we want, we know what we can do, we know what dangers we have to confront : and once we undertake the proper protection of our woods, a branch which has been entirely neglected in the past, if we except the unnecessary extravagance of protection from vermin, e.g. the rabbit, we can show as good financial results as anywhere on the Continent of Europe. All that has to be settled is which of the above enumerated methods for the acquisition of the areas is most suited to the different local conditions pertaining throughout the country. With that de- cided Government should be able to allocate funds for the purpose in view with an easy conscience, for it will prove a paying investment both financially and in the national interests. In connection with the purchase of land by Govern- ment a word may be added. Of course where possible this may be regarded as the best method, since full and permanent control ensues, In this case it has often been assumed that the capital invested in the purchase should be recovered from the proceeds of the woods, This is not the case, however, since it is merely a matter of a permanent investment. The Government con- tinue to own the land and with efficient management the quality of the soil, which may be very poor at the outset, will steadily improve when maintained under a crop of trees. The land will steadily increase in value, ¢.e. will ultimately pay a higher rate of interest. But however the matter is approached, whether by purchase or leasing in one form or another, the chief desideratum is to get this land planted up. a el ee eee THE FUTURE PROBLEM 33 If the nation is to face the future and retain her position in the world, she will have to husband all her resources. It is no answer that other nations will likewise be crippled with debt. Some, Germany for one, are likely to recover more quickly than we shall, if the past is any criterion to the future. In any event, _ we shall not be able to afford to pay {42,000,000 for forestry products, the bulk of which could be grown at home, on land at present but little productive ; nor shall we get anything like the same amount of material in the future for this sum. In the national interest it would be a crime to neglect any longer the raising of as much timber as possible, on the areas at present . producing little or nothing of use to the community. There appears little doubt that public spirit and patriotism alone will render agreement between pro- prietor and Government on this question easy of adjustment. Added to this there is the unfortunate factor that many who before the war were planting on a certain scale may now find themselves unable to bear the expense of such operations. And this at the very time when, in the interest of the nation as a whole, it is most important that planting operations should be extended and carried out on a commercial scale. 7 The necessity for undertaking planting operations on a large scale having been accepted, the next step will be to ascertain the number of plants it will be possible to obtain for next season’s planting work, and to ensure an adequate supply for the following years. Steps have been already taken, to some extent, in this direction. For instance, extra nurseries— 34 A NATIONAL PLANTING SCHEME emergency nurseries—have been instituted in the Crown woods, e.g. at the Forest of Dean, Tintern, Windsor, and elsewhere, where many million plants are being raised for planting out. But many more will be required if planting is to be started on a scale at all commensurate with the nation’s needs. A list of nur- serymen in this country should be drawn up,’and the amounts of the various commercial species of two, three, and four-year-old plants available in their nurseries be correctly entered. This would give us the number of plants existing in the country, and, therefore, the number of acres which could be undertaken with home produce during the first two years or so of the work. If required—and they probably would be—additional plants could be obtained from certain famous nurseries in the neutral Continental countries. Thus it should be possible, before the next planting season opened, to ascertain definitely the exact area it would be possible to undertake with the plants available.* We now come to the labour question. The question of available labour is left for a subsequent chapter. A planting campaign such as is here suggested could not be left to individual effort. It would have to be inaugurated by a central organisation, e.g. the Board of Agriculture, who would undertake and control the whole of the supply of labour, as also of plants. For this purpose, the most feasible scheme would probably be to raise a labour corps, preferably embodied in the 1 Since this was written a list has been prepared and the approxi- mate amounts available are known. 2 It is estimated that 10,000 acres could be planted up now with the available plants. EE Pr. 6. “ HYBRID” LARCH PLANTATION, 7 YEARS OLD, MURTHLY, PERTHSHIRE. Photo August 1913. fs | a a BS Ps | | JAPANESE LARCH PLANTATION, 9 YEARS OLD, BLAIR ATHOLL, PERTHSHIRE. Photo August 1913. Photos by Author. 34) 5 ¥ ewe i aper ree ) t . ya | es yi, ax ’ J 2 i’ j ’ P A * z ¢ : | | , : : | ne A 2 ‘ . . ty oy . n | ) i > 2 j A 4 f 7 } : . 173 | . : , h i¢ “ i . at oa ; , | mM my ‘ ; | ; j i pe . t . : . ; %, 8 | a * oe ror | - | : = aS - \ ¥ f | . | 4 | | ; , we 3 | ‘ r; " * b 4 2 S i | | " ‘ . ‘ 4 | 2 , | . . -) ‘, ’ | | | i ¢ , | : rf ; on Le ‘ , n “ fi y | rid | \ i | | . « \ ; ‘¢ a 3 ‘ rs } : | | y } € i \) i ' Ti % J hs . . y ‘ a . “J ' . 4 hid Es . ‘ ‘ , | ae . . ‘ * Lt ‘ Py ‘ " : v < * | | 5 : : . ey ~* i ’ ~ F . | { s/ Wi) “ ies x 7 p | | | | 5 | 3 : j | i : Spore _ : ¥ ij i . t? ri 4 = J ; j | | . ‘ = : | | | . * * . 7 ‘ m nas ' , va : | | | : | | Pi y he - > i ’ s 7 %: ‘ * ~ > e ‘ ' a - _* \ 7 ; : | | : x | re ) tA ‘ , , . » - % * - | i & . tes 4 4 is | F | | : : j : 7 . , * ’ ca ) 7 E . | ; ; . ; FINANCE | 35 same way as transport and other labourers have been embodied. In the case of the planting corps, it would be possible to include all refugees who had any ac- quaintance with forestry work, and a percentage of women. To these might be well added a percentage of prisoners, so long as the war continues, who were cognisant with forest occupations. Drafts from this corps would be sent to the various centres as demand was made for them. The nucleus of the corps would be permanent or appointed for a term of years. The bulk of the labourers would be engaged for the planting season only. Each draft should be equipped with tools, and the corps could be divided up into sections enrolled in different parts of the country with a terri- torial headquarters under the charge of an officer of the corps. As regards the finance of the scheme, there should be no difficulty. In the Development Commission there exists a Government body, armed with powers to | recommend schemes of this nature for Treasury sanc- tion. All that would be necessary, therefore, would be that the Department receiving the grant should appoint an officer to have charge of a national planting scheme, and give him sufficient powers and funds to carry out the work. The existing advisory officers would make recommendations as to areas to be planted, and, if necessary, assist in the negotiations with the proprietor. If found necessary the powers . of the Development Commission could be extended by a short Act of Parliament to suit the needs of the case. The advisory officer would determine the species to be used for planting the areas. The 36 A NATIONAL PLANTING SCHEME ~ officer in charge of the planting scheme would then be responsible for supplying the plants and labour. The plantations when formed would remain under the local estate foresters, the advisory officers being responsible that they received proper super- vision and tending to ensure that the objects desired are attained. It is not within the province of this article to discuss the staff which would be ultimately required for the management of the woods so formed. The chief desideratum at present is to plant up avail- able areas of afforestable land within the shortest space of time possible. Experts are well aware that no insuperable difficulties will be encountered in their subsequent supervision. It is suggested that a plan such as is here sketched would achieve the result aimed at in the quickest and most effective manner.’ 1 This article and Art. 1 appeared in The Scotsman, October 19, 26, 1915. They have been slightly revised. Se et ee —— ETN REL PO gs its yl WI IV FINANCE AND PLANTING METHODS THE finance of the afforestation problem may be said to have been the chief stumbling block to progress in the past—finance plus the ignorance and apathy exhibited on the subject by Government and public alike. Reams have been written on this matter of the cost of land, cost of planting, and so forth, but not a single tree has been planted as a result. In fact, since it is always possible to juggle with figures, the affores- _ tation question has over and over again become safely buried beneath masses of statistics. It is therefore proposed to treat of this part of the subject extremely - briefly. In this matter of financing planting operations it may be contended that money will be harder to get now than before the war; interest will be higher ; 5 per cent. will be now asked instead of 3 per cent. _ Granted. But with a return of prosperity this per- centage should drop and may even reach 3 per cent. _ again before the completion of the work. And it must | _ be remembered that the additional cost should be well repaid by the excess price of the wood, which will be, so far as can be foreseen, some 25 to 30 per cent. 37 38 FINANCE AND PLANTING METHODS higher than in pre-war days,' as the supplies we have depended upon for the last thirty to forty years become cut out. Further, the investment will be a sound one. For when the woods become ready for the axe our children and grandchildren can utilise the considerable sums which such an investment will give them to defray some of the enormous national debt with which the country will be saddled. If from no other point of view the planting of our waste lands at present bringing in from 1d. to 2s. or so per acre will be a sound invest- ment. To come now to a practical suggestion. Of the 3,000,000 acres of existing woodlands, it is extremely probable that the woods of merely commercial value will have been cut out by the end of the war. These woods are being felled firstly at the instance of the Home Timber Committee, who are purchasing areas of standing woods and converting them by Govern- ment agency, and secondly and to a larger extent by timber merchants. The Government purchases run into 1,000,000 cubic feet a month—approximately 25,000 B.G. sleepers and 250,000 cubic feet pitwood — and scantlings. This exploitation by Government agency, amounting to 12,000,000 cubic feet or theve- | abouts per annum, would be inconsiderable even if only half the area of our 3,000,000 acres of woodlands, that is 1,500,000 acres, were fully productive. This is certainly not the case, however. 1 The great increase in price of materials during I915 as com- : pared with 1913 is discussed in Article XIV. Roughly speaking we obtained 25 per cent. less material and paid 30 per cent. more for the reduced amount than in 1913. , as ee er POL pes. eh aici aaa ae ee A A re ee to A ae tore Bo +. gr Nen Ee ty ee 2 ete me er oo ah ‘ss vi Be St: hig “7 ; . Tk a en Sey oe a ser. a ars dae 75 imamemmanle OE ame ae paint INE, MucH UNDERSTOCKED, Scors'":P W. A FEW OLD LARCH Woop wITH FRASER, PHOTO. A. PEEBLESSHIRE. [39 UNDERSTOCKED WOODS 39 I saw the other day a claim for compensation owing to a fire having occurred in some woods. The largest item in the claim was for an area of wood said to be of pit prop size, the trees growing on an average at 12 feet apart! Woods of this nature and age would be no more than half-stocked and the material of very poor quality. There is a good deal of this sort of thing inthecountry. Similarly the majority of the old woods of commercial value are very open and understocked. If 1,500,000 acres were in full bearing they would give under proper management at 70 cubic feet per acre (50 cubic feet final cut and 20 cubic feet thinnings) 105,000,000 cubic feet of mature timber annually on an eighty-year rotation. As these woods are very far from carrying normal crops per acre, the 12,000,000 eubic feet being cut out yearly by Government—and the total may be larger if all sources of supply are taken into account—together with the far larger annual amounts of wood being felled by timber merchants, ‘must result, if the war is prolonged, in the disappear- ance of most of our home woods possessing a com- ‘mercial value. And we have to add to this large areas of immature woods being felled for the necessary sup- plies for the collieries. The considerable areas which have a value other than the purely commercial—i.e., which serve for shelter to stock and crops, are intimately connected with the sporting value of estates, or are maintained for amenity purposes—may be taken at about 1,500,000 acres. These will and should be left standing. They are, in the main, of small size, and would not come within the minimum of 500 acre blocks which commer- s) 40 FINANCE AND PLANTING METHODS cial forestry requires if it is to prove successful. There is no reason, however, why the larger areas of — this kind should not in the future be managed so as to — provide a certain proportion of the large-sized high- — quality timber required by our industries—more — especially of the hardwoods such as oak, ash, syca- | more, elm, etc. The maintenance of such areas for — sport, shelter, and amenity purposes (Plate 9) is not incompatible with their treatment on sound sylvicul- tural and commercial lines. These woods are, however, of no considerable importance for our present case. The young commercial woods which have not yet reached felling size must, however, be also included here. The areas which will have been felled (either clear cut or with a residue of worthless trees left on the area), together with the considerable tracts of useless scrub, classed as woodlands, may be taken at 1,500,000 acres. If we add to this area 5,000,000 acres of the poor-class waste lands which could be — profitably planted, we obtain an area of 6,500,000 © acres which, in the interests of national economy, — should be planted up at once. Therefore the planting — work resolves itself into: (a) Replanting the areas felled over during the war and the areas at present occupied by worthless scrub — (of which there areextensive tracts in Scotland) amount- ing to 1,500,000 acres. (5) Planting Up 5,000,000 acres of at present treeless! ‘4 land, selecting in each county the better areas, which — will yield a good return for the capital laid out. In view of our growing requirements in timber, it is unlikely that this area of 6,500,000 acres will, when | a ee ee a Te re ee ee Pu. 8. = . Ps ni. Fevtitinc RovuGH OAK CopPiIcE FOR PitwooD, HERMITAGE Woop, DUNKELD, ATHOLL ESTATE, APRIL IQI6. TEMPORARY SIDING ON HIGHLAND RAILWAY NEAR DUNKELD FOR LOAD- ING UP OAK Pitwoop, APRIL IgI6. LoaDING Oak PITWOOD INTO TRUCKS AT A TEMPORARY SIDING ON THE HIGHLAND RAILWAY. Price of the pitwood 18s. per ton loaded in truck. The material was cut within a few hundred yards of the siding and was unsaleable before the war. April 1916, Photos by Author. 40) ' . Tae ae a ve 2 PLANTING BY COUNTIES 41 it comes into bearing, supply us with more than two- thirds to three-fourths of our needs of the future. But if the woods are scientifically managed, such an area should place us in a position of safety in the case of a sudden national emergency. Under proper _._ management such an area should yield some455,000,000 cubic feet of all classes of timber.’ On the subject of cost, if we take an all-round sum of £3 per acre for the felled-over area, etc., class, and £4 per acre for the waste lands,® our planting cost would come to {4,500,000 and {£20,000,000 respec- tively or a total of {24,500,000 sterling—about a week’s war expenditure. If 200,000 acres were planted annually, the area would be planted in thirty- two years. A planting plan should be drawn up, county by county, under which the felled-over areas, scrub areas, and the most accessible of the waste lands would be selected, and the order of the planting be laid down so as to ensure a proper arrangement of the woods for felling purposes, etc. It may prove of use here to glance briefly at the nature of the work which has been advocated in the previous articles. It has been shown that our chief imports consist of coniferous timber, pines, and spruces, and that we can grow these species to per- fection in this country. In fact, much of the waste land whose afforesting is being considered will grow 1 We imported 454,000,000 cubic feet of coniferous timber and 14,@00,000 cubic feet of pitwood in 1913. * This estimate makes no provision for netting the woods against rabbits. The extermination of this pest is a first necessity in woods managed on commercial lines. 42 FINANCE AND PLANTING METHODS this class of material and probably no other as a successful commercial proposition. The greater bulk of the oak, ash, elm, etc., utilised in this country will, as we have seen, probably be raised in the woods kept either for sport, shelter, or amenity purposes, and may to a great extent be left out of the question. It may be suggested, however, that a certain percentage of the better-class oak soils in England should be confined to the growth of this species as, e.¢., in the Forest of Dean, High Meadow Woods, Tintern, etc. England has been famous for its oak throughout the centuries, It is a national tree and it would be a pity to see it disappear from areas which have known it for so long. Beech will probably be more largely used in the future to form a lower storey in woods of light-demanding coniferous species. If therefore we confine ourselves here to the conifer- ous species we may restrict ourselves to those of whose commercial utility in this country there is no doubt, to wit—Tyrolese Larch, Scots Pine, Common Spruce, and Austrian Pine, to which we may add, with less certainty, Douglas, Sitka Spruce, and Japanese Larch. This little work is not intended to be a manual of forestry, but a brief note may be given on planting methods and the difference in cost of such.1 Expert opinion is probably unanimous on the point that the planting methods in force in Britain in the past and even now amongst the older generation of foresters, 1 I have added the following note as the result of a criticism made by a friend interested in planting who had read my MSS., on the absence of all mention of planting methods and thet relative costs, Younc Oak NATURAL REGENERATION UNDER OAK, ETC., OVERWOOD, QUEEN’s Woop, FRITH PARK, SURREY, OCTOBER I9gI2. W. P. D. Stebbing, photo. Younc NATURAL OAK SEEDLINGS ONE YEAR OLD UNDER UNDERWOOD, QUEEN’s WooD, FRITH PARK, SURREY, OCTOBER I9Q12. W. P. D. Stebbing, photo. 42] ARTIFICIAL PLANTING 43 that is planting by the notch system, have had at least as much to do with the subsequent poor develop- ment of the crops and the catastrophic windfalls (which have been the usual results of bad storms in the past) as either the soil, species used, or other local factors. Of coursethe haphazard methods of felling and planting, with no reference to wind and the direction of the prevailing storms, under which woods, which have grown up in the shelter of neighbouring ones, are suddenly exposed by the removal of the latter, are also a fruitful source of windfalls. 3 The plantations will be mostly formed artificially, i.e. by planting in the plants, although there is no doubt that in some parts of the country woods under proper scientific management could be obtained by naturalregeneration (vide Plateg). Artificial planting is usually done by one of four methods: (a) Dibbling, (d) Notching, (c) Pit planting, and (d) Mattock planting ; _ and tools of a varying nature are used for the purpose. (a2) Dibbling—This method can only be adopted for _ very small plants which have not as yet produced _ strong side roots. A peg or dibbling iron is pressed into the soil and moved backwards and forwards in one _ plane to make a wedge-shaped hole in which the plant is inserted, the peg then being pushed into the soil at an angle a few inches away, and levered up so as to force the wedge-shaped mass of soil thus disturbed into the hole occupied by the roots of the plant, which thus becomes filled up. The peg is then with- drawn, the empty hole filled up by pushing the soil into it with the boot or peg, and a fresh plant put in at the planting distance, 44. FINANCE AND PLANTING METHODS (b) Notching—Notching with the heavy wedge- shaped spades which may be regarded as glorified dibbling pegs or irons is undertaken in a similar fashion to that already described above. A larger wedge-shaped hole is made and therefore a larger plant can be made use of; but even here the plant should not possess large side roots, as these will be doubled up against the walls of the hole and arrest the develop- ment of the young tree and of its root system. The common notch planting in force throughout this country is done, however, with an ordinary spade. Conifers up to four years of age are “‘ notched in”’ by methods which only differ in the shape of the notch, and are one and all equally pernicious. The methods are as follows: The common spade is used to make a notch in the ground of one or other of the following shapes: T notch.—The spade is inserted perpendicularly first at A and then at B; the blade is kept in at B and the handle pressed downwards so as to raise the turf, with the result that A opens out. The plant is then inserted in the opening at the top of the blade of the spade and slipped along until it reaches the foot of the T. The spade is then removed, the turf being pressed down with the foot so as to close up again in a natural manner. Double 7 notch. In this the vertical limb of the T is divided into two by another horizontal cut. In other respects the method is the same as the one already described. H notch.—This is only a modification of the T notch, PIT PLANTING 45 - L. notch—Is similar to the T notch, except that an L is formed instead ofa T. The T notch system and its modifications are cheap _ and quick, but destroy the root system of the plants, which are necessarily bent to. one side with the roots knotted into a ball. Plants put in in this fashion are greatly checked in their growth and may on poor soils show scarcely any height growth or development ' for several years after planting. They are also much more susceptible to wind damage (this latter danger increasing instead of decreasing with the growth in height and age of tree), insects and fungi. The system and its modifications are probably one of the chief causes of the heavy windfall damage experienced in these islands and especially in Scotland. As will be shown in a comparison of first costs of planting work, it is at least not cheaper than one of the forms of pit planting. It has therefore nothing to recommend it and should be discontinued. (c) Pit Planting —This method is adapted to plants ofall sizes. The tools which may be used for the work are the common spade, cylindrical spade, semi-circular __ and semi-conical spades, trowel, and the spiral spade. _ The object of pit planting is to place the plant in an enlarged hole or pit with its root system in a natural position. The various methods in force fulfil these conditions. The common spade, and various modifications in the shape of the tool, is used to make a hole of sufficient size to take the roots of the plant either naked or with a ball of earth. The hole should be made of the same width at the bottom as at the top in order that the 46 FINANCE AND PLANTING METHODS roots may. have room to hang freely when held in the hole, and not be twisted up at the bottom. This hole will ordinarily be about 2 feet square and 2 feet deep. The turfs cut off the surface should be placed to one side of the hole, and the finer soil from the top below the turfs be also set by itself to one side. This soil is first filled in upon the roots when the plant is held in position in the hole, the poorer soil being added on top of this till the hole is full. The plant is then pulled up to a position slightly higher than it will occupy when the operation of planting is complete. This raising of the plant draws out the roots so that they occupy a natural position in the pit. The planter holding the plant firmly in his hands then presses down the soil all round with his feet, thus lowering the plant to its proper position, adds the remaining soil and presses this and places the top turf, cut into two pieces, on the surface of the filled-in hole on either side of the plant, if the surface vegetation is not of a rough character. Should it be so the turf is left off. If the pits are made some time before planting the rotten turf is placed in it. The plant is held in the hole before planting by a boy or by the plant-holder. The cylindrical, semi-circularand semi-conical spades, —Planting by means of these spades is very similar to the methods employed with the common spades. The holes are made with the spades, the plant held in position, and the earth filled in with a trowel. The size of the hole made depends upon the size of the plants. The semi-circular spade is undoubtedly one of the best tools to use for planting four-year-old conifers, MATTOCK PLANTING 47 especially in old agricultural land which has gone out of cultivation. This method of planting is the only one employed on the Murthly Estate in Perthshire and gives excellent results. It is also used to a certain extent on the neighbouring Scone Estate. The figures of cost for planting with this spade at Murthly are given in a statement of relative costs inserted at the end of this section. The spiral spade is used to slacken up the soil in 1 the hole. The soil is then taken out with the trowel or other tool, and the plant put in and the soil filled in as already described. (d) Mattock Planting—This method consists of a combination of notching and pitting, and isa useful one for planting up stony hillsides. The planting mattock, a tool which is a combination of pick and a mattock, is used, and is infinitely superior to the ordinary pick. A smaller tool like a small half-mat- tock, the iron portion resembling the flat part of the mattock, is also required. To plant with the mattock: The turf is first pared off the surface with the flat- tened end of the tool, the pointed end being then used for loosing up the soil. The flattened end then again comes into play, the soil and stones being extracted so far as possible from the hole by means of it ; should the soil be full of bracken roots, and so on, the flattened end is also used to break up these and remove them, The turf and stones may be placed on the lower edge of the hole (on a hillside) to serve as a trap for snow and water. The plant may be notched in to the hole with the spade or preferably be planted by means of the small ems = 48 FINANCE AND PLANTING METHODS tool described above, which is used to draw the re- mainder of the soil from the hole. The plant is then placed in the soil and the tool used to fill in the soil on to the roots. As regards the above methods spade planting is costly ; the semi-circular spade gives equally good re- sults and is far less costly. Mattock planting is confined to stony ground for which the spades are unserviceable. RELATIVE COSTS OF PLANTING ! Cost per 1,000 plants for labour alone in the first planting. Daily labour wage per day of 10 hours: For a man 3s. 6d. per day ; a boy ts. 8d, per day. Mau. Boy. Notching ‘ - 48.0d.4+ Is. 11d.= 5s. 11d. Dibbling without previous preparation = 4s. 6d. Mattock planting : + 458. 2d.+ 2s.0d. = 6s, 2d. Pitting— With common spade » 9s. 6d.+ 6s.0d, = 15s, 6d. Semi-circular spade . « 58. 6d, to 6s. 6d. LABOUR REQUIRED Notching . ° . I manor 1 manand 1 boy. Dibbling . + I manor 1 manand 1 boy. Mattock planting ; . I manand 1 boy or 2 men. Spade planting . ‘ - 1 man and 1 boy or, less quickly, 1 man and the plant-holder, Semi-circular spade . .- 2 men and 3 planters work as a squad together. This has been found the best number for a squad at Murthly. 1 The figures here given are those in force in parts of Perthshire, They are based on practical experience and were obtained for me by Mr. J. M. Murray, B.Sc., Assistant in the Department of Forestry, University of Edinburgh. . ee PL. I0. Mattock PLANTING, TALLA CATCHMENT AREA, APRIL I914. iz squad of men ahead ate preparing the holes whilst those behind are putting in the plants. | Pir PLANTING. burgh University students digging pits into which four-year-old Douglas are to be planted, Craig Vivian, near Dunkeld, Perthshire, March 1914. Photos by Author. 48) RATE OF PLANTING 49 The following has been done at Murthly, with well- trained men using the semi-circular spade :! Two men make 2,400 holes per day of 10 hours. Three planters (boys) put in 2,400 plants per day of 1o hours, Therefore total cost for 2,400 plants = 12s, On very free soil one man can make 1,000 holes a day and together with the planter will put in 1,000 plants. The man making the holes finishes the 1,000 soonest, and then helps the planter with the remainder of the 1,000 plants which are also finished in the day. The total cost in this case comes to 5s. 2d. or cheaper than notching. * Mr. A. Murray, Chief Forester, Murthly, also gives me the following illustration: On Kingswood Moor, Murthly, two years ago we averaged about 900 per man per day of 8 to 10 hours and this may safely be taken as a fair average. V AFFORESTATION AND LABOUR IN previous articles the question of the labour supply has been touched upon. The war has brought about such a complete change in labour problems generally that old-time ideas upon this subject are now anti- quated shibboleths. The whole question of employ- ment and labour is undergoing revision in our minds, slow it may be, but still revision. And perhaps in no direction is this revision of pre-war ideas more promi- nent than in the question of the employment of women on the land. It is for this reason that I have included in this book articles I have published on this subject with reference to the employment of women in forestry. It has been pointed out to me that these articles, if left without their complement, may seem to give an undue prominence to this question and seem to convey an idea that forestry work and operations could be chiefly undertaken by women. This is far from my meaning. Forestry is pre-eminently a man’s work —necessitating as it does in all its varying branches an open-air life and considerable exposure, in fact, a life of ‘‘ roughing it.” For this very reason it proves an ideal existence for those of good physique who are at the same time lovers of nature in some of its finest 9° Se ae rye er WORK FOR INCAPACITATED WARRIORS 51 phases. The main difficulty in the past has been to — obtain sufficient labour in the woods. Or perhaps it may be better expressed by saying that sufficient labour has not been utilised in the woods. Woods—commer- cially grown woods—require constant supervision. It is not sufficient to plant them and then go away and leave them to shift for themselves up to such period as it may be possible to make a thinning in them which will prove saleable. These old-time methods, combined with others, have brought us to our present position. If we are to maintain in the future that area of woods which our requirements have shown us should in the interests of national economy and safety be kept up in this country, and if we are to make them pay, they will have to be grown properly and given constant attention. For this work both men and women can be employed, in their several departments, with advantage. We are only con- cerned here with the employment of men. One of the results of the war will be the necessity of providing work for partially incapacitated soldiers and sailors, They could be utilised in a certain amount of the light forestry work which does not require the services of able-bodied men. - There will also be the question of employment for the numbers of young men-who, leaving their former sedentary occupations, have gone out to fight for the country. On their return these young men are likely to look with distaste at their former work. They will ask for a more active life. If that life cannot be pro- vided for them in this country they will emigrate. And yet, if a campaign to plant up our waste lands, the 52 AFFORESTATION AND LABOUR present position of which is economically a disgrace to the nation, and one very far removed from the thrift and conservation and rehabilitation of the national resources which is now being so strongly advocated—if, I submit, a campaign of sufficient magni- tude is undertaken to plant up these derelict acres which could grow so much of what we want, we should be able to provide employment for these young men ; as also for our partially incapacitatea soldiers and sailors. One of the reasons why the recommendations of the Coast Erosion Commission were not acted upon was said to be the impossibility of employing the townsman in planting work owing to his inability to stand the strain and exposure of working on the soil, and his ignorance of the use of the spade and pick. That this was a fallacy the war has proved. Modern warfare entails the constant use of both these implements. In fact, they are probably used as much as the rifle, ifnotmoreso. Themen of the towns have stood their training in the use of these tools, and numbers of youngsters, having a thorough acquaintance with them, and also hardened to exposure, should be available for afforestation work. Without undue optimism it may be considered then that a large planting scheme should no longer present any difficulties on the score of labour once the war has come to an end—in fact, the drafting of men willing to take on such work into one or more Planting Corps when the disbandment takes place at the peace will provide one source of employment for the men who gave up their jobs to join the armies which would rw PE? Tt: LARCH INTERPLANTED WITH DOUGLAS, ROHALLION PLANTATION, MURTHLY, PERTHSHIRE, AUGUST I913. The larch were given a three years’ start. ARCH UNDERPLANTED WITH DouGLas, NovAR, ROSS-SHIRE, JUNE IQI2. Douglas five-year-old. Larch 28-year-old. ‘The larch were attacked hy larch canker and heavily thinned before being underplanted. Photos by Author. 52) EDUCATION AND TRAINING 53 prove most serviceable to the country. But to enable such corps to be immediately formed, without that inevitable friction and delay which is so apt to ruin schemes of this nature, a cut-and-dried plan should be drawn up beforehand ready to be at once put into force when the moment arrives, and this plan should be on a sufficient scale to ensure the adequate realisation of the objects aimed at. As regards education and training. It has been shown that every soldier nowadays knows how to use the spade and pick. Therefore with supervision there should be no difficulty in getting the planting work done satisfactorily. The education in forestry of those who elect to take to a forestry life should also present no difficulties. There are forestry classes for wood- men in the Agricultural Colleges throughout the country and there is an excellent Woodmen’s School at the Forest of Dean, a fine new building, up-to-date in all respects, having been completed just before the outbreak of the war. Selected men from the Planting Corps could be sent to these schools in the summer season when forestry work is slack to take the wood- man’s courses. In this way a trained subordinate forest staff would be built up ready for employment in the supervision of the large areas of commercial woods which the country would possess. The higher training for the gazetted ranks who would be responsible for the scientific management of the woods on strictly commercial lines likewise offers no difficulties. Many of the most important Universities of the country now possess Forestry Departments in which students, as the result of a three years’ course, 54 AFFORESTATION AND LABOUR take either a degree of B.Sc. in Forestry or a diploma in Forestry. _ These men would proceed to the woods in the first instance as assistants to the officers in charge of the different areas, ultimately looking to obtaining a charge themselves when they possess sufficient practical know- ledge of the work. In this direction therefore a career presents itself for young officers who at the close of the war will wish to follow a life which will have plenty of the open air about it with a minimum of the office stool. The courses for the Forestry Degree given by the University of Edinburgh are fully described in Article XVII (p. 249) under “‘ Employment of Women in Forestry ’’ and need not be recapitulated here. As one who has had plenty of experience of the glorious ‘‘ freeness,’’ combined with the considerable responsibility, of a forester’s life, the writer can assure all those who wish to, comparatively speaking, remain their own masters and live in the open air that there are few occupations to rival it. PART II BRITISH TIMBER SUPPLIES AND THE FORESTS OF RUSSIA VI TIMBER SUPPLIES AND FAMINE PRICES WHat are we going to do about timber supplies both in the near future and a more distant one? — This is one of the war problems which has received but little attention until quite recently. We have so long been accustomed to get all the timber we required without trouble that we had come to forget that it was practically all imports and that we grew but little of the timber of commerce ourselves. And yet, as will be shown, this material has come to be one of the necessities of the warfare of the present day. In obtaining the supplies we have required we can- not even be said to have “‘ muddled along” satisfac- torily, for we are simply living a hand-to-mouth existence ; have been doing so for months; and it is proving a most costly experience. And there is every probability of the position assuming a graver com- plexion. It has been recently asserted by a prominent expert in the timber trade that if the present demand 6 55 56 TIMBER SUPPLIES AND FAMINE PRICES continues a timber famine in this country may be expected. We do not know what this may mean. We have never experienced such a thing. It is doubt- ful whether the world has ever seen a famine of this nature. On what is the assertion based and what are the steps which should be taken to avert such a calamity? Prices, we all know, are preposterously high. What can be done to bring them down to a more normal level ? Before the outbreak of war there had been a con- siderable stringency in the timber market, and at the beginning of August 1914 the prospects of the market in this country were most gloomy. For two or three years antecedent to this date difficulty had been experienced in obtaining loans, and as a consequence the house building trade was in a depressed state. Then came the war and with it a quite novel demand for timber materials from an unexpected quarter, viz. the Admiralty and War Office. Hutting accommoda- tion, timber and props for trench construction, railway sleepers, barbed wire entanglements, waggons, entrench- ing tools, and so on were all required on a large scale and at short notice. Within a very short time it was dis- covered that the stocks of timber in this country were quite inadequate to supply the demands. Our chief source of supply, our Ally Russia, who sent us before the war about half of our imported European timber materials, to a great extent failed us at a very early stage, since the exports from Petrograd, Riga, and the Finnish ports were closed. As is well known, this closure, with the stoppage of fellings in the French pit- wood areas, at once reacted on the pitwood supplies in CHAOS IN BUYING 59 this country, and the collieries were faced with a difficult problem during the earliest days of the war. Of course this could not have been foreseen and the Cabinet had its hands very full at that period. The mine-owners toa great extent had to settle the matter for themselves. The English Board of Agriculture issued within.a few months a pamphlet which was of considerable assistance. It might have been antici- pated, however, that the pinch which was at once felt on the score of pitwood would have opened our eyes to the other directions in which a shortage was likely to make itself felt. We had been too long spoon-fed, however, and the reverse was the case. No efforts were at once initiated to place the whole matter of the timber supplies of the country on a firm basis under a central and business-like control. Different interests competed the one against the other, and in this /aisser faire policy the most powerful, because backed by unlimited funds, were the Admiralty and War Office. Orders were placed right and left and prices were of little account. These prices, with the dearth of freight steamers, added to the later activities of German sub- marines, jumped up and continued to do so. In the haphazard manner in which the whole business was approached there was nothing to prevent merchants from asking what price they pleased. True the Govern- ment put on an adviser, paying him an enormous commission. But he was in the trade himself! The Swedish merchants who, with the closing of the Russian ports, were quick to perceive their opportunity, took full advantage of our predicament. Prices went higher and higher until they now stand at two and a half to 58 TIMBER SUPPLIES AND FAMINE PRICES three, and even more, times the ordinary pre-war figures. Millions of pounds sterling must have been thrown away in the purchase of timber, the ordinary common timbers of everyday use, which could cer- tainly have been saved had matters been placed on a business footing. It is useless to cry over spilt milk, but had the matter been entrusted to a man, not connected with the trade, who understood the princi- ciples of scientific forest management and had himself been in charge of large areas of State forest, very different results would have been obtained. And we are in no better case at the present moment. The Home Timber Supply Committee has been already alluded to. Its chief raison d étre is to obtain supplies of timber for the Government needs. It is doubtful whether it will be able to do much to stay unnecessary fellings made to take advantage of a high market. And in any event it has no hold over timber merchants —no more than Government can exercise at present any control over the market and prices. Nor do these fellings affect the matter, for the amounts of timber available in this country are so small that their influence on the market so far as the future is concerned is insig- nificant. Far bigger issues are at stake than can be settled by the comparatively small area of woods, prac- tically all privately owned, standing in Britain. In the meantime the home timber trade is doing well. Pro- prietors have offered their woods freely and they have been as quickly taken up by the home merchants and also by colliery proprietors. In fact these latter were on the scene, as has been stated, very early in the war days, for they were compelled to turn to home-grown wood, ASH 59 rough and heavy as it was, since the foreign pitwood market was failing them. A remarkable feature of this home trade has been the demand for ash. In England five to six times the amount of ash (numbers of trees) has been sold in the past year than in any previous year and the price has risen from Is, 6d. to 3s. (and even as high as 4s.) per cubic foot for the trees standing in situ. The wood of this tree has been largely used by the naval and military authorities for all sorts of transport appliances. In the Lake district and elsewhere the wood has been fashioned in the local saw mills into handles for entrenching tools and grenades. In the Board of Agriculture and Fisheries Report “On the Supplies of Home-Grown Pitwood”’ above referred to, which was issued on November 30, Igr4, the following extract indicates the position of affairs in this connection in this country at that date based on a careful estimate made by the Board’s officers: “‘ Assuming the volume of ‘ extraordinary ’ fellings’”’ (‘‘emergency fellings”’ would perhaps have been a better term ) “‘ to be the same per acre in Scotland as in England (and it is probably considerably greater) there would be approximately 1,600,000 tons of pit- wood; possibly 2,500,000 tons would be a better estimate. If the volume of the ‘ extraordinary’ fellings for England and Wales, viz. 3,410,000, be added to this amount, a total of nearly 6,000,000 tons is reached, and it is a fair assumption that the addition of supplies from Ireland would give a total equal to one and a half years’ total consumption for the collieries. It would appear, therefore, that the position, while it requires rational handling, is by no means disconcerting.” 60 TIMBER SUPPLIES AND FAMINE PRICES It was thought at the time that the war would be over by the following summer. The comfortable assur- ance of November 1914 has quite another aspect in May 1916, That home timber can be made to, in some small degree, supplement even temporarily the great scarcity is of importance and value, but it will not help the nation at large to face the position at the end of the war and a more distant future. This is the much larger question before us. Suppose that the war lasts another year, or even longer. What is going to be done about the timber supplies? Are the Allies—is this country going to make no effort to place the matter on a basis which will at least give some stability to prices and prevent the wasteful, the criminally wasteful, extravagance of the past twenty months. At the beginning of the past season the bulk of the timber supplies for war purposes was procured from the port of Archangel, but where future supplies are to come from appears to be a grave problem in the eyes of prominent timber merchants. It is said that there will not be sufficient supplies from Archangel to meet the demand. Should Germany succeed in restricting the shipments from Sweden or manage to torpedo the boats carrying timber cargoes, it is probable that there will be something of a timber famine in this country provided the present demand is maintained. And as long as the war continues there is no guarantee that the demand and prices will not remain at a high level. The Home Timber Committee will see that we get all that is possible from home woods. But the Board THREE POINTS 61 of Agriculture Report fairly indicates the limitations in this direction. They will not meet the demand. Three points present themselves for serious con- sideration: (1) Freights, (2) Other sources of supply, (3) Prices. (1) Freights—At the beginning of last season, as we have seen, the bulk of the supplies for war purposes were procured from Archangel. Freights were sup- posed to open at about 60s. to 70s. per standard (165 cubic feet), but shippers, realising the scarcity there would be in tonnage, held out for 80s. to gos. which was gradually increased until it reached the figure of £9 tos. per standard in November 1915, as against 30s. to 45s. in pre-war times. Even in September 1914 the highest freight paid to this country would not exceed 65s. per standard, which was considered a high rate. Much could have been done at that time had Government been wide-awake enough to have placed the matter on a business-like footing. Last September shippers were ready to pay £8 15s. to £9 Ios. and even £10 for ship room. In February 1916 shippers were quoting for the present season at {10 per standard from Archangel to thiscountry. Last spring (1915) battens were {II per standard f.o.b. They had to carry a £9 10s. freight with in addition about 30s. insurance, freight and insurance being equal infvalue to the f.o.b. article! The trade remarked that the like has never been known before from the Baltic and White Sea ports! That some one has blundered, and blundered badly, is only too obvious. We are simply throwing away good money owing to our complete ignorance as a 62 TIMBER SUPPLIES AND FAMINE PRICES nation of everything connected with forestry—what it means, what it supplies, and how these supplies are marketed. The question of the want of vessels for freight purposes has been receiving considerable attention in the Press and need not be entered into here. That vessels are required and will have to be made avail- able for the carriage of certain classes of timber to this country appears now to be a matter of considerable urgency. We can do without mahogany and other foreign valuable timbers. We need not import oak or elm, etc., which can be obtained from our own woods. It is the coniferous timber—-pines and spruces—which will be required in large amounts. (2) Other Sources of Supply.—Are we envisaging this question in the most economic fashion in depending upon neutrals for our supplies? The trade say that if the demand continues on past lines we cannot obtain sufficient supplies from Archangel. Since we took no steps at the commencement of the war to ensure supplies from other Russian ports, this is more than probable. Of neutrals Sweden has taken advantage of the high prices to send us timber, but she is a doubtful supplier for several reasons which are well known. America, and our own people in Canada and Newfoundland, have greatly benefited by the great rise in prices and huge quantities of timber have been imported from these countries. This is satisfactory for the present. We should have been hard put to it without them. But it must be remembered that they are coming in, to a considerable extent, as the result 2 ‘ a - < 52 wre, EE OO RS y- ty: a SOURCES OF SUPPLY 63 of the ruincus rates in force. With a fall in prices, which, in the interest of national economy, must be brought about in one way or another, can we depend on these supplies reaching us? And in any event for how many years could they be maintained? It is well known also that Canadian and American spruce is not in as much favour with the trade as the Baltic material, as the former is soft and mild (probably owing to its quicker-grown character) and is by no means as durable as the close-grained article from the Baltic and White Sea. And even if the material were as good we should be chiefly concerned to lower the prices in force, and that cannot be done by making one of our chief sources of supply in countries several thousand miles distant, and which moreover have already in past years cut out much of the timber accessible at ordinary market rates to these islands. The problem before us is to obtain a definite source of supply at a reasonable rate. Having achieved this, the present ruinous market prices will drop to a more normal level. Some increase, of course, must be expected but not the present famine rates, which should never have been incurred. In peace times our main source of supply in Europe was Russia, more than half our European imports coming from that country. This one fact, had it been realised early in the war, might have opened our eyes. Russia is*our ally. Russia has enormous tracts of unexhausted forests. Russia has a huge population. A year ago it would have been possible to make arrangements in Russia which would have resulted— and this is not written at random—arrangements could 64 TIMBER SUPPLIES AND FAMINE PRICES have been made which would have resulted in the saving of large sums of money to this country. We should not have had to pay in cash, in gold, for this Russian timber. It could have been set against the equipment, shells, etc., which Russia has received from the Allies and the matter would have been subsequently adjusted. Instead we have preferred to pay out gold into the pockets of neutrals. And yet we are urgently ~ called upon by the Government to restrict all imports ! Presumably imports from neutrals chiefly. The timber industry has proved a necessary part of the provision required for the furtherance of the war. The problem, commencing with the mines, has been acute from the start. It is still more acute to-day, and in order to guarantee supplies and to put an end to the hand-to-mouth policy, it has become essential, if we are to stop the present appalling extravagance in the nation’s timber bill, to face this urgent problem and make arrangements which will increase our timber supplies in the future. This problem is considered in the next article. (3) Prices.—Prices since the commencement of the war have been entirely influenced by the action or want of action on the part of the Allies in this timber matter. It isimperative that the ridiculous prices now being paid by our Government and by ourselves (for the public has been hit badly in this matter, as the family household knows), for our essential requirements in timber, should cease at as early a date as possible. The following table shows the present rates being paid for home timber materials as compared with pre- war prices, The table was prepared in February 1916 : COMPARISON OF PRICES | 65 PRE-WAR PRICES COMPARED WITH PRESENT PRICES Pre-War Rates per Cubic Foot TIMBER Larch j ’ 11d.—1/- Scots Pine 5d.—6d. Spruce ‘ 4d.—6d. Oak ; 1/3—1/6 Ash : scr ae Elm 1/- Birch (bobbin wood) 26/- ton DD Beech (rough, bobbin wood) 24/ ase = ars oe) (eeeaey cs is BIS Sycamore (rollers bobbins) 28/- ton. Sycamore (large timber) . - 2/6—5/- COLLIERY Woop Piiwood per too lineal feet DD. Pit Props: Scots Pine (3” top diam.) 4/6 ” 29 (4” oe) ” ) 6/- a? 3, (5” ” re] ) 9/- ” 99 (6” 2” Pe) ) 12/- Larch (7. el 2” . (4” ” 99 ) 18/- ded (5” ” 9 ) 26/- oo « (4 ») 32/- Oak Scrub 3 ; — Pit Sleepers, per 100: a % 5° X 2°). 12/6 (3’ 6” x 5” x 2”) 14/9 (3’9” x 5” x 2”) 18/- RAILWAY SLEEPERS Pine. ° ; . each 3/6 Present Rates per Cubic Foot TIMBER Larch ‘ . Ife —1/1 Scots Pine 8d.—84d. Spruce. . 8d.—8 jd. Oak 1/3 —1/9 Ash 2/3 —3/- Elm 1/- Birch (bobbin wood) 10/— ton Beech (rough, bobbin) 10/- ,, a RO ee BIS Sycamore (rollers bobbins) 28/- ton Sycamore (large . timber) . - 2/6—s5/~ COLLIERY Woop Pitwood per 100 lineal feet DD, Pit Props: Scots Pine (3” top diam.) 16/6 os sss 14 ke ae RS 39 2”? (5” ” 9 ) 28/6 »» (6° »» 5 ) 33/6 Larch Co. Sis see Pee 99 (4” a? 99 ) 22/6 ” , (5” 2 22 ) 32/- (6” 5, ) 38/- Oak Scteb per ton de- livered on railway loaded. in trucks 18/- Pit Sleepers, per 100: (3° Sak 26/- (3’ 6” x 5” x 2”) 31/- (3°9" x 5” x 2”) 36/- RAILWAY SLEEPERS Pine. . each Sth» ae § ees ao es le.) fay ms ‘4 Pe titty he 66 TIMBER SUPPLIES AND FAMINE PRICES Comment on the above figures is scarcely necessary. They are a direct outcome of two facts—the first, an almost total lack of interest on the part of the nation as a whole in all pertaining to the economic questions involved in commercial forestry and the maintenance in these islands of that acreage of woods managed commercially which our population and industries demand ; and, secondly, to the failure on the part of the Governments of the past fifty yars, to go back no farther, to realise the position in this respect which would confront the nation in the event of just such a European conflagration as has taken place. The Government existing in this country 250 years ago was more clear-sighed. True, it may be said that out ‘“‘ wooden walls’”’ of that day and the necessity for maintaining them were factors which both Govern- ment and the public could more easily grasp. But no Government of the present day would care to shelter itself behind such a plea. Our economic needs in timber are far greater now. We have only to look at the gigantic imports—they rose by {12,000,000 in the four years from 1909 to 1913—to realise this. The next four articles are devoted to pointing out the manner in which it should prove possible to bring down these prices and to ensure our timber supplies in the future. EERIE? HS ae VII BRITISH TIMBER SUPPLIES AND RUSSIAN FORESTS IN previous articles brief allusions have been made to the forests of Russia, the very considerable impor- tance they have enjoyed in the past in the European timber markets, and the immensely larger influence they are likely to exert in the future. The question is one of very serious moment to this nation. How serious and how important it is the aim of this and succeeding articles to demonstrate. It has been already mentioned that our timber, etc., imports increased by {12,000,000 between 1909 and 1913. | A more significant factor than even the rapid increase in the imports is the fact that 67 per cent. of them came from European countries, chiefly Russia, Sweden, and Norway. France sent us annually considerable amounts of pit props for the collieries, the cutting off of | which supply so seriously hampered us during the first few months of the war. The produce from the other European countries is negligible for our present purpose. The Board of Trade Returns show that Russia sent us about {15,000,000 of timber and other products during 1913, or approximately 35 per cent. of our whole 1 This subject is fully dealt with in Article XII, 67 68 TIMBER SUPPLIES AND RUSSIAN FORESTS imports. The materials sent were chiefly conifer logs, dressed and undressed timber, pit props and pitwood, wood manufacures and smaller amounts of wood pulp, oak logs, tar, pitch, and oil of turpentine. How is the war going to affect our timber supplies from Russia? We need not consider the amounts at present coming in. Weareall aware of the various reasons for the shortage. It is the position as it will arise at the end of the war, and for some years subse- quently, that requires our most careful consideration. Can we hope that conditions at the end of the war will be the same as before its outbreak ? That Russia will be in a position to send us the same or increasing amounts of forest materials? Will the markets be in the same condition? Their present position with the great upheaval of pre-war conditions which we are witnessing can scarcely lead us to form so optimistic an opinion, What then should be the policy of this country ? So far as the past and recent trend of events in this matter enables a judgment to be formed, it would appear (and the statement also applies, though perhaps to a smaller extent, to our Allies) that there are two clear and separate issues upon which a decision should be arrived at in this timber supply problem. (1) The arrangements to be made to cope with the position which will face ourselves and our Allies at the end of the war. (2) An arrangement under which our timber supplies during the next forty to fifty years may be ensured. As introductory to a detailed description of the forests of Russia, both in Europe, Finland, and THE TIMBER MARKET 69 Siberia, our position under these two distinct counts should be clearly understood ; so far, that is, as it can be estimated from data collected on the resources of the existing forests of the world from which the timber markets have been drawing their supplies in the past. The present position of the timber market is admittedly abnormal. In the last article the prices existing in February 1916 were contrasted with the market rates in force just previous to the outbreak of war. It has also been shown that we are now com- mitted to a policy of felling in our own woods which probably will leave us with little of commercial value at the close of the war. It becomes apparent then that the urgent points for consideration now before the nation are those embodied in the two heads above stated. That we should make such arrangements as shall ensure supplies of an adequate nature becoming available as soon as the war ends, or as soon as the trend of the fighting shall have opened ports now closed, in order to supply in the cheapest manner the enormous demand which will exist; and secondly, that such steps shall be taken as shall ensure our needs in timber, pit props and wood pulp, etc., being satisfied at reasonable rates during the next forty to fifty years. (1) Lhe arrangements to be made to cope with the position which will face ourselves and our Allies at the end of the war—Where are we and our Allies going to look for the large supplies of timber, etc., which will be required at the close of the war? The present high prices and the large demand for materials which vo TIMBER SUPPLIES AND RUSSIAN FORESTS will be required for rebuilding the devastated areas have been already alluded to. Is the end of the war going to witness a ruinous competition between the allied countries in the timber markets of Europe? And are colossal sums to be spent, colossal fortunes to be made, in rebuilding the houses, etc., in the areas destroyed by war ? It is difficult to see, unless the Allies come to an early and definite understanding on this head—it is difficult to perceive how matters can be otherwise. When all allowances have been made for America, Canada, and Newfoundland continuing the imports they have been sending us or increasing them, will there be sufficient to meet the enormous demand ? And will these latter imports bring down prices. As has been stated elsewhere, a considerable proportion of the amounts reaching us are a direct outcome of the prevalent high prices. To have to continue paying the present exorbitant prices or even prices double pre-war rates will be suicidal and a most unstatesman- like policy. It cannot be maintained that war time is not the time to consider these matters. If there is one thing certain it is that the termination of the war will be too late. We had not the foresight to grasp what would happen at the outbreak of this colossal war. Let it not be said of us that its termination found us in the same state of unpreparedness. My proposition is that it will be imperative that the Allies should be in a position to control the European timber market at the end of the war, to exercise in fact a State control over prices for a time, as the only effective means to lessen the enormous RESOURCES OF THE ALLIES ai cost of the reconstruction work which will otherwise result. It is no plea that such a thing has never been done before. The end of the war will find us, the war itself is finding us, doing a good deal we never thought to have to do. First then we want to place our finger on accessible supplies in large quantities and owned by the Allies; and, secondly, to come to an agreement by which these supplies can be made available at the earliest possible moment with the object of bringing down the present preposterous rates. If we examine the forestry resources of the Allies the one great fact which immediately becomes apparent is the gigantic area of the forests in Russia, the Land of Forests, as it has been called. For some years past I have made some study of the forests of European Russia and also those of Finland and Siberia, and the following three articles serve to indicate to some extent the great value of these forests. It is a most unfortunate thing for this country that we have known so little of Russia in the past, of its enormous possi- bilities and potentialities and its great value in many ways to this country. Germany discovered it. Russia is honeycombed with Germans and German enterprises, in no wise conducted for the welfare of Russia or in the interests of Russia and her people, but for the furtherance of German Empire objects and of those alone. Even in the matter of forestry imports Ger- many was undermining our previously unquestioned supremacy in the Russian timber markets. Germany has vast forest resources in her own country, a consider- able proportion of which is afforested, and not only afforested but with the woods managed on the highest 7 72 TIMBER SUPPLIES AND RUSSIAN FORESTS commercial basis possible. And yet in recent years her imports from Russia have increased rapidly, the increase being greater in proportion than the increase to Great Britain. And she has been importing from elsewhere also. Why? Was it because she really required the materials, or is the reason to be found in the fact that she has been deliberately storing up her woods, undercutting in them, with a set purpose in view. Did her wonderful organisation for the World War and her deliberate intention to make it as fright- ful as possible foresee the enormous damage that. would be done to towns and the enormous demand which would exist for timber at the close of the war? During the war we know that she has been cutting down the woods in the territory she has occupied and either utilising the materials for trench construction or other purposes or storing them up for the great demand she expects at the peace! We know how Belgium is suffering in this respect. In a recent Foreign Office Memorandum it was stated that in one month from October 26 to November 25, 1915, the Germans ex- ported from Belgium into Germany by one route alone, amongst other things, 340 tons of pit props cut from promising young woods. | To return to Russia. From Russia we imported 35 per cent. of our timber supplies in 1913. In Russia the Allies have for the purpose here con- sidered a source of supply which should fulfil the objects required. Russia in Europe has an area of 447,500,000 acres of forests, Finland another 62,800,000 acres, and Siberia and Turkestan the gigantic total of 853,000,000 acres more. Now much RUSSIAN POSSIBILITIES | 73 of this area in Russia and Finland and Western Siberia produces the very materials which will be required in such enormous quantities at the close of the war. Had we been far-sighted enough, had we shown a tithe of the resource and organising powers of the Germans, we should have long ago arranged for tapping these Russian resources in the event of war on a previously formed plan. But this is in the past. These enormous areas of Russian forests contain large amounts of unexploited timber. If we take Russia in Europe to commence with. A few years ago it was officially recorded by the Russian forestry authorities that they were cutting far below the possibility, in other words, that the annual incre- ment put on was greater than the volume of timber taken out of the forests. Also that large areas of old woods had almost ceased putting on increment and were going back, 7.e. losing their sale value. At that time the Government estimated that the fellings made were something under 50 per cent. of the possibility. Matters have altered somewhat since then. But Russia, with its immense forests, scanty population (in the afforested areas), and want of communications, cannot move quickly in such matters, and there can be little doubt that there is a great margin to work upon. For instance, the larger portion of the State forests are in the north in the Governments of Archangel and Vologda, areas we are most interested in, since much of our imports came from this region. These forests are difficult to work owing to the deficient communi- cations. Consequently only ‘7 cubic feet of timber per acre were felled out of a prescribed 7 cubic feet 74 TIMBER SUPPLIES AND RUSSIAN FORESTS per acre or about 10 per cent. The averages have been higher more recently but are still a long way below the possibility. We come now to Finland with its long stretch of sea-washed coast-line and its excel- lent system of internal waterways offering the cheapest and easiest method of transporting timber and other forest produce. A perusal of the article on these forests will show that here also there are large areas of unexploited material of the kinds, Scots pine and spruce, we import so much. The export trade from Finland, although it has made some progress in recent years, is still far from having reached its maximum. On thesubject of the State forests figures for 1908 showed that whereas the mean annual incre- ment of wood put on per acre was valued at 21 cubic feet for the whole country, the total amount sold from the State forests was only 3°4 cubic feet per acre. Moreover, as a result of a partial enumeration of the growing stock on some areas it was estimated that there were something over 21,000,000 trees of approxi- mately 10 in. diameter and over at chest height standing in the State forests, and it is considered prob- able that at least this number, and probably a larger one, also exist in the areas of privately owned forests in the country. On the subject of the gigantic area of forests in Siberia it is very difficult to form an estimate of the amounts of timber they contain, owing to the fact that only about a fourth of the area has been ex- plored by the Forest Department. Want of demand, a sparse population, and absence of communications have preserved these forests so far from the lumberer. Only in the dry steppe region and parts of Turkestan, FUNDS AND ORGANISATION 78 with which we are not concerned here, is there a scarcity of wood. In these Siberian forests, therefore, even in those of which something is known, one would expect to find that the fellings were far below the esti- mated possibility of the areas. And this is borne out by such figures as are available. For instance, according to estimates framed in I91I it was shown that no less an amount than 1,800,750,000 cubic feet of timber were available from the State forests. Of this amount 171,500,000 cubic feet only were disposed of, or something under 10 per cent. In some forests, viz. in the Government of Enessey, the.percentage sold was only 5. And these figures apply only to such of the areas of State forests as have been explored and organised ! Russia has then these large areas of unexploited accessible forests or forests which can be made acces- sible by a not very heavy expenditure. She has also a very large population which can be drawn upon to provide labour. Under the existing methods for exploiting this forest wealth there exist throughout the country over 2,000 saw-mills. How then can this great store of timber be most easily and expeditiously opened out in order to place in the hands of the Allies the large amounts of materials which these areas contain and which will be in such great demand at the close of the war? The difficulties confronting this problem do not appear insuperable. The first necessity would be the provision of funds and the second organisation. My suggestion is that Russia should be asked by the Allies, by the British Government, if necessary, since we are very deeply concerned in this matter, as, unlike 76 TIMBER SUPPLIES AND RUSSIAN FORESTS our other Allies, we have no forest resources of our own at our back, to institute fellings on a large scale in those of her forests which are adjacent to the most suitable ports. Every saw-mill in these regions should be set to work converting timber at high pres- sure, the materials being stacked in suitable depéts for transport to the areas required at the earliest possible moment. A definite scheme for the freight vessels necessary should be drawn up and the tonnage re- quired be earmarked for the purpose for which it is to beemployed. Assoonas the ports or any port of supply becomes open a part of this tonnage should be made available to start bringing the materials ready to the spots arranged upon. This question of freight vessels has been very much before the public latterly. In itself it has of course greatly enhanced timber prices. The maintenance of the present prices is no more to Russia’s advantage than ours or any of the other Allies, since we all have to foot the bill. To undertake the above sketched scheme money will be required to finance the saw-mills, open up inaccessible areas, pay the sawyers and so forth, and my suggestion is that the \British Government advance the sum which will be required for the purpose; whatever the sum neces- — sary, it would be a mere bubble in the enormous present expenditure, and the savings which would result would several times over recover the amount spent. It would be money well laid out. All that is required is a practical working scheme. So far as a study of the question has enabled a con- clusion to be formed it appears that the one practical possibility is to be found in Russia and Russia alone. TO BRIDGE THE INTERVAL | 77 It appears to be inadvisable to depend on the possibility of obtaining the materials to any great extent from the forests of the Central Powers. We have got to beat them first. No onedoubts that we shall, but no one knows how long the war will be prolonged. Weshould face the position as it now is and make arrangements which will depend for their fulfilment on the Allies alone and on their resources. A brief outline of a suggested scheme is only attempted here. A perusal of the following three articles will, it is trusted, indicate that it is based upon some considerable foundation. We now come to the second point which requires consideration : (2) An arrangement under which our timber requtre- ments during the next forty to fifty years may be assured, — If Great Britain takes up the afforestation question on the scale now so urgently demanded we shall have to wait thirty-five to forty-five years (save in exception- ally favourable areas when the period may be shorter for some species) before we obtain a yield of pitwood and a longer period for timber of larger dimensions. To bridge this interval therefore we should make suitable arrangements in order to ensure supplies reach- ing us at a price at which, economically speaking, it will pay ustotakethem. A survey of the regions from which such supplies are likely to be available during the next forty years is by no means reassuring. It is scarcely possible to credit that some of the countries on whom we have drawn so largely in the past or are so heavily indenting upon at the present moment, and to whom we are paying preposterously high rates for the materials received—it is scarcely possible to 478 TIMBER SUPPLIES AND RUSSIAN FORESTS believe that these countries will be able to continue to satisfy our requirements during the next forty to fifty years. Take the countries across the Atlantic in the first instance. Is it likely that America, with her own colossal demand for timber of all classes and her rapidly diminishing area of, for our purpose, acces- sible forest, will be able to supply the European market for many more years? Canada again isa country with a rapidly increasing population. She has extensive forests. But a great part of the more accessible areas have been cut out. It is not easy to estimate how long she could help the Mother Country with supplies, but it is difficult to perceive how, with her own growing requirements, she could do so for anything like this period. And in each case the cost of transit of the raw material, as the more accessible forests are cut out, will increase.and must inevitably react on the prices and keep them high. The controversy which arose a few years ago over the question of Canada granting America a preferential tariff for wood pulp must be fresh in the minds of many. And how long in any event are these countries likely to be willing to export raw materials as against manufactured articles? Our industries require the raw materials. It cannot pay us to import manufactured ones. A tariff on raw material would kill our industries. Newfoundland may help us for a time with wood pulp, but that is only one item of our requirements. Turning to Europe, the countries from which we have mainly drawn our supplies in the past are Norway, Sweden, and Russia. It is difficult to credit that any one who has any acquaintance with the position of the DEPENDENCE ON RUSSIA — 79 woods of the first two of these countries would be prepared to say that either will be in the position to send us during the next forty years the same amounts of timber we have received annually during the past decade. And if the past is any criterion to the future, we shall require more! Both of these countries have been carrying out heavy fellings to supply the Euro- pean timber market—not merely the British one—and it would be folly to rely upon or expect that the inten- sity of these fellings can be maintained for anything like the period to which we are here limiting ourselves. And this period, remember, leaves out the question of large timber for sleepers, etc., altogether; for it will take us seventy to eighty years to grow that. A careful examination of this problem will, it is suggested, show that, omitting the Central Powers—and even if they are included the position would scarcely be very much better for Great Britain—but leaving these Powers out of the question, it can be shown that it is to Russia and Russia alone to whom we must look for the bulk of the supplies which we shall need, and must consequently obtain from somewhere, during the next forty years. Russia has large forests, how large and how rich in materials it is the aim of the following three articles toindicate. These enormous forest areas contain large quantities of the very materials, pines, spruces, and firs, which will be so much needed in the years to come. Vast areas of forest in this gigantic country lie un- tapped owing either to the paucity of the population or to their inaccessibility owing to the absence of roads and other export facilities. They contain large xe ay: 80 TIMBER SUPPLIES AND RUSSIAN FORESTS amounts of mature timber—timber which requires felling and marketing before it decays and becomes worthless. In drawing attention to these valuable forests there is no intention on my part to suggest any- thing in the nature of the ruthless exploitation which, for instance, has taken place under the egis of great lumber companies in the countries of the New World. Such exploitation in the past has resulted in the total ‘disappearance of the forest in the areas subjected to this treatment. The removal of the surplus growing stock in primeval forests as yet untouched and unex- ploited by man is a very different affair. Under such treatment not only is the surplus harvested before it decays, thus yielding a perfectly legitimate revenue, but the forests are improved by its removal and proper plans for their future management can be drawn up. The accounts of the forest areas in Russia in Europe, in Finland, and in Siberia which follow will, I think, show without question that they do contain a surplus stock of old material which it will be to the interests alike of the forests themselves and the Russian Govern- ment to market. And a unique opportunity has un- doubtedly arrived for marketing them. Great Britain more than any other of her Allies is totally dependent on supplies from without and must inevitably remain so for another forty to fifty years, even if she starts planting on an adequate scale at once; for the small stock of commercial woods she had at the commencement of the war will be practically ex- hausted at its close. It is with Russia then that our Government should cometo an agreement—an agreementwhich should have LEASE OF AREAS 8I as its outcome the certainty that a proportion of the annual amounts of timber, etc., which we require should reach us from Russia during a definite period of years. It might be suggested that the most feasible arrange- ment, for there are several ways of dealing with this matter, would be to lease a considerable tract,!or several tracts, of forest for a period of years and exploit them ourselves under such conditions as regards restocking felled areas, etc., as might be agreed upon. . We have leased oil areas in Persia. There does not appear to be any reason why we should not assure our timber supplies for the next few decades in the same fashion. Du reste, there isa precedent of a kind ; for the Govern- ment of India leased the valuable deodar forests in the Western Himalaya from their local chieftain owners and exploited them. And this exploitationwas commercially most successful both from the Government of India’s point of view and that of the chieftains themselves. It should, it is submitted, prove quite feasible to arrange for the lease of areas in European Russia, in Finland, and in Western Siberia of sufficient size to guarantee our requirements or the greater portion of them so far as they can be at present estimated for this period of forty to fifty years. For such a length of time must elapse between the afforestation of, we will say, 5,000,000 acres of the afforestable derelict lands in this country, provided this work is taken in hand at an early date and on an adequately large annual scale, and the period at which the woods so planted will become exploitable. 1 This suggestion was first publicly put forward in a paper I read before the Royal Society of Arts in March 1916. VIII THE FORESTS OF RUSSIA IN EUROPE! Owinc to the disafforestation which the last few centuries has witnessed in Europe it was held com- paratively recently that amongst European States Russia, Sweden, Norway, and Austria alone possessed areas of forests in excess of their requirements which | enabled them to be exporters instead of importers of timber and other forest produce. Our Board of Trade Returns show that so far as Russia, Sweden, and Norway are concerned, the same held good up to the outbreak of the war in August 1914. That Austria was also in the same position there is little doubt, although, owing to her geographical situation, her imports to us were small, consisting principally of oak timber. Russia has been termed the “Land of Forests’? and she well bears out the name, for her woods in Europe are of enormous extent, embrace a variety of soil, climate, and species of tree, and where they exist are very intimately bound up with the welfare of the population. Of their importance and influence on the national life the following is rather 1 The information contained in this article is based on observa- tions made and statistics collected during a visit to Russia, and on publications of the Russian Government. It formed part of an article published in the Nineteenth Century for March 1916. 82 ——— | | | | FORESTS IN EUROPEAN RUSSIA 83 a striking illustration: Only some 4 per cent. of Russian houses are built of stone; 30 per cent. have plank roofs, 70 per cent. thatch or wooden tile roofs, and only 3 per cent. have iron or metal roofing ! The forests in European Russia and the Caucasus have been demarcated approximately and their con- tents ascertained. Those in her Asiatic territories, which are still vaster, are but little known. In their eastern parts and in portions of Western Siberia, investigations have been made to determine the extent and contents of the forests. But much remains to be explored. In the Caucasus 16 per cent. of the total area is under woods, these latter covering approxi- mately 19,354,000 acres. The greater part of these forests extend along the Black Sea region, half of the area of the two Governments of the Black Sea and Kontais being afforested. In European Russia 510,300,000 acres are afforested, representing 39 per cent. of the whole country or, omitting Finland (which has 63 per cent. of its area under woods), there is still 37 per cent. of European Russia under forest. If the large lakes, marshes, etc., are excluded 33 per cent. of Russia in Europe may be taken as afforested—a high percentage. As regards the distribution of Russia’s European forests, the north is well wooded, whilst the steppes of the centre are nearly free of woody vegeta- tion. The south is less well wooded than the north, its average being about 20 per cent. In the north two-thirds of the forests are principally found in the following seven governorships—Archangel, Vologda, Olonetz, Novgorod, Kostroma, Viatka,and Perm. The Governments of Archangel and Vologda alone cover 84 THE FORESTS OF RUSSIA IN EUROPE an area of 1,041,096 square versts (a square verst == 281 acres), equal to the area of Germany and Austria together. In the south the forests are to be found in the ten Governments comprising the Vistula basin, Volhynia, Kiev, Tchernigov, Orel, Riazan, Tambov, Penza, and Orenburg. For forestry purposes Russia as a whole has been divided into the following thirteen zones, each zone having the same lines of export for its materials: 1. North—The Governments of Archangel and Vologda, served by the ports on the White Sea. 2. North Baltic-—Comprising the Governments of Olonetz, Novgorod, Petrograd, served princi- pally by the ports of Petrograd and Cronstadt. 3. South Baltic._—Governments of Esthonia, Livonia, Courland, Pskov, Smolensk, and Vitebsk, served by the important port of Riga. 4. Basin of Niemen.—Governments of Kovno, Vilna, and Grodno. The Niemen river is used to float timber exports into Germany and down to Konigsberg. 5. Basin of Vistula.—Six Governments served by the Vistula, and via Germany to the port of Dantzig. 6. Dnieper Basin.—Governments of Mohilev, Minsk, Volhynia, Kiev, Tchernigov, Podolia, Bess- arabia, Poltava, Ekaterinodar, Kherson, and Taurida. Produce exported to Central Russia by way of Kiev, Kherson, and Odessa. 7. Mineral Region of the Ural.—Governments of _ Perm, Oufa, and Orenburg. Most of the pro- THIRTEEN ZONES 85 duce of the forests of these governments is used locally in the mineral workshops, etc. 8. Upper Volga Basin—Governments of Tver, Jaroslav, Kostroma, and Viatka. 9. Middle Volga.—Governments of Vladimir, Nij ajar. Novgorod, and Kazan. 10. Lower Volga.—Governments of Simbirsk, Sam- ara, Saratov, Don, and Astrakan. 11. Central Russia.—The Governments of Moscow, Kaluga, Riazan, Penza, Tambov, Orel, Toula, Kojelsk, Veronega, and Kharkov. The produce from the forests of these regions is disposed of in the markets of Moscow. 12. The Caucasus, 13. Siberia and Turkestan. The bulk of the forests in European Russia belong to the State. There are, however, both private and communal forests in existence, some being State-aided, as will be subsequently shown. It is well understood that industrial operations are developed as a direct outcome of the presence of fuel and combustible resources in a country. Russia is well off in these factors. In the north, Ural, and the north-east the factories are supplied with wood fuel, in Donetz and the Vistula basin by oil fuel, in Moscow by naphtha. Each of these forms of industry is more or less intimately connected with economic forestry. Sport and the collection of the seed of the cembran pine, important as the latter is in the winter to the population in Siberia, take only a secondary place to the real forestry industry, which, with the develop- 86 THE FORESTS OF RUSSIA IN EUROPE ment of the nation and the growth of industries depen- dent on large areas of forests, is taking a preponder- ating place in the national economy. Throughout the empire the forests play a varying and important part. In the industrial regions large amounts of timber and fuel, etc., are required in work connected with ship- building, railways, engineering works and chemical works using wood. In the agricultural areas sylvi- culture enables the more sterile parts of the tracts to be planted up, as also the fixation of the moving sands (to prevent the engulfing of valuable lands) and of hills subject to erosion, ravines, etc. Protective belts are planted to afford protection against cold and drying winds and shelter to cattle; also to provide fuel which is preferable to straw or cattledung. In the neighbourhood of large forest areas the agricultural population work in the forests in winter to supplement their incomes. The forests are also made use of for grazing herds of cattle, and are also essential to their protection throughout the long rigorous winter period. The Kirghiz of the Asian steppes, for instance, find shelter in the winter in the forests. both for themselves and their animals; the woods also provide timber to construct their houses and fuel for burning. To the fishing industry the forests furnish material for the construction of ships and boats and also prevent the silting up of the rivers by maintaining a cover to the soil of their catchment areas, thus preventing erosion and denudation in the hills. Finally the large export trade of forestry materials from Russia makes con- siderable demands on her forests, in the management and upkeep and exploitation of which-a large popula- SPECIES OF TREES 87 tion finds employment. The forestry labourers proper supplement their incomes during the long dark hours of the winter by toy-making from materials obtained in the woods. ay The greater number of the known European com- mercial timber species of trees are to be found in Russia in Europe, viz. Conifers—Spruces, Pines, Larches, Silver Firs; Broad-leaved trees— Birch, Aspen, Oak, Beech, Black Alder, Lime, Ash, Maple, Plane, Elm, Willow, Black Poplar, Box, Walnut. The chief species are found either as pure woods (of one species only) or in mixed woods, the latter being the commoner. Two-thirds of the total domanial forests of the empire consist of conifers. The most extended of these are the mixed conifer woods in which spruce predominates; then come the pure spruce woods. The fir mixed woods follow in which the firs form the chief species, then the pure fir woods. A fifth of the total domanial forests are mixed woods of conifer and broad-leaved trees, the former predominating. The common spruce (Picea excelsa) is the most widely spread species, forming the chief tree of Northern Russia and of Siberia. P. ajanensis also occurs. P. orientalis is the Caucasian species and P. schrenkiana is the Thian Shan. The spruce grows to a fine size, and is exceed- ingly valuable. The Scots pine (Pinus sylvestris) comes next in extended distribution ; it spreads farther down towards Central Russia than the spruce. In the Ural and Siberia the pine present is the Cembra (P. cembra), valuable in Siberia for its seeds. In the mountains of North Siberia the species present is Pinus pumilio. In the Crimea P. taurica occurs and in the 8 88 THE FORESTS OF RUSSIA IN EUROPE Caucasus the Scots pine and P. halepensis. In this latter region the pines are, however, of secondary im- portance, spruces, firs, beech, and oak being the most valuable species. The pines occur as pure woods covering large areas. The birch forms a natural mixture with the pine and is the most extended of all the broad-leaved species in Russia. It is also found in pure woods which are of great value in the steppes of Western Siberia where it is accompanied by the aspen, and is used for a variety of purposes. With its light seed easily wind borne and its great adaptability it spreads itself easily, occupying areas newly felled over or burnt, etc. The birch grows to a large size, as visitors to Petrograd and elsewhere in Russia must be well aware. The tree in Russia pre- sents very little of the appearance we are accustomed to in these islands. As widespread as the birch is the aspen, which covers large areas as pure and mixed woods both in European and Asiatic Russia. The areas of this species, like the birch, are increasing owing to the extreme ease with which it reproduces itself. It replaces the spruce in the north and the oak in the south. On suitable soils it reaches a large girth and height. The oak is far less widespread than the above species. It is not found in the north nor beyond the Urals. It is at its best in the south, where it forms fine forests. Both European species, Q. pedunculata and Q. sessiliflora, occur. In the Caucasus there are several other species, Q. pubescens, Q. castanecefolia, Q. armenica, Q. macranthera, and Q. mongolica in the Amur region. The larch takes. a considerable place LARCH AND FIR 89 in the forests of the north. The European species (Larix europea) grows in the extreme west on the confines of the Carpathians and in the southern portion of the basin of the Vistula; the Siberian species (L. sibirica) is widely spread in the forests of Western Siberia and is also found in the north-east of Russia in the forests of Archangel, Vologda, Perm, and in parts of Viatka and Kostroma; in Eastern Siberia the L. daurica replaces the other species of larch. This conifer only occurs pure over small areas. It is chiefly found in mixture with other conifers, chiefly pines. The common silver fir (Abies pectinata) occurs in fine extensive pine forests in the Western Vistula basin, the tree here growing very fast and reaching a great size with a high quality of timber. In the north-east of European Russia it is replaced by the Siberian fir (Abies sibirica), which here stretches into the larch zone, crossing the Urals and spreading into the Siberian forests, where it is usually found in mixture with spruce covering extensive areas as yet little exploited. The well-known Nordmann’s silver fir is found in the wooded mountain; of the Caucasus, where it forms pure woods in which the tree is found of large size with re- markably fine timber of high value. The beech occurs in the south-west of the Vistula as also in the Crimea and the Caucasus. In the Vistula basin it is usually found mixed with fir, but it occurs as extensive pure - woods in the Crimea and especially in the Caucasus. The tree reaches great size with a fine timber greatly sought after for furniture making. The old beech of the Vistula is disappearing, but the Caucasian forests are still almost intact. The black alder is fairly widely 90 THE FORESTS OF RUSSIA IN EUROPE spread in damp localities, forming areas of pure woods remarkable for their straight boles and the consider- able height of the trees. The lime ha; a wide distribu- tion, outside the northern regions, over nearly the whole of Russia in Europe and Western Siberia. It is not often found pure, but rarely with oak, and usually occurs as scattered trees in mixture with two or more species. In the broad-leaved forests of Middle and South Russia, the following species are found in mix- tures: ash, maple, plane, pedunculate elm, common elm, and willows, various osiers, aspen, and black poplars in the lowlands near rivers. Of these the black poplar grows with great rapidity and is becoming of some importance. In the Caucasus there are a large number of woody species, over three hundred having been enumerated. In the west the box occurs growing as a lower storey beneath broad-leaved species. The wood fetches more than a rouble the pood (1 pood = ‘32 cwt.). In the forests of Turkestan the walnut has a particular value. It produces knobs and excrescences of large size which sell at as much as 20 roubles the pood. The present development of the Russian forests may be told in a few words. Strict protective measures were inaugurated towards the end of the seventeenth and commencement of the eighteenth centuries. In order to safeguard the timber for the purposes of naval construction, Peter the Great instituted restrictions on fellings in privately owned forests in order to enhance the value of the State-owned property of this nature. The lines on which this policy proceeded were somewhat similar to those instituted on private forest property ae ee eee ee ee EE eee STATE ORGANISATION a by Colbert in France. The Acts of Colbert in this respect were abolished during the Revolution. But before this (about 1788) Catherine II in Russia had eased the restrictions on privately-owned forest property instituted by Peter the Great. From that date the economic forestry problem as it affected the empire occupied the attention of Russian statesmen. These efforts resulted at length in the law of April 4, 1888, in the reign of Alexander III, under which a proper system of forest conservation was inaugurated. Forests which were being overcut were placed under restrictions and valuable woods, as yet untouched, were opened out by the improvement of communica- tions. The law also made express provision for the planting up of areas of moving sand threatening to engulf valuable agricultural land, for the protection of hillsides from erosion and the catchment areas of the great rivers, so important for the floating of timber and for fishing purposes, etc. A Forest Department was created with its central administration under a Director-General of Forests with two Assistant Directors placed under the Minister of Agriculture. The headquarters of the Department, presided over by the Director-General, is divided into ten sections. Purely technical forestry questions are settled by a forestry committee of professional experts to which is attached a Forestry Bureau. The work of this bureau is to examine the whole forestry problem of the empire, both from an economic and general point of view ; to decide upon the value of new suggestions for working particular forests, and to report on forest inventions and special points or questions submitted 92 THE FORESTS OF RUSSIA IN EUROPE for consideration by local administrations or private persons. Joint Forestry Advisers are maintained by the State, each with his own area of operations, to advise private proprietors as to the management of their properties and to aid them in preparing plans of management for these areas. Seed and young plants are sold to private owners at reduced rates. Expert foresters engaged by private proprietors to manage their woods have been placed on a simila scale of salary and promotion to that enjoyed by State forest officers and are rewarded in the same manner with State honours and distinctions. Forestry Institutes and Colleges are maintained for the proper training of the upper and lower forestry staffs. The Forestry Institute at Petrograd for the training of the upper controlling staff, a magnificently equipped forestry building, the largest in Europe, has been in existence for over a century. Research work is carried out at experimental stations, and several Forestry Societies are in existence. The first systematic plans of exploitation of the forests of Russia were made for those in the mineral districts in 1840. Since then very large areas of woods have been brought under proper forest management. The general rotations are from 80 to 100 years for high forests, and 30 to 60 for coppice. Where possible felled areas are naturally regenerated, 1.e. restocked from seed falling from a few trees left stand- ing per acre for the purpose. Latterly, however, artificial re-stocking by planting up with young plants or by sowing seed direct upon the area is being more and more resorted to. Considerable attention is being he a Ronee £P- my MATERIAL AVAILABLE 3 93 given to the planting of areas of waste land in popu- lated districts poor in forest and in planting shelter belts for stock and the protection of the crops; also, as already mentioned, in the planting up of shifting sands and areas subject to erosion in the hills. The next point of importance, a most interesting one to Great Britain, is the question of the amount of materials available for felling and more especially for exportation in the Russian forests. A few years ago it was officially recorded by the Russian forestry authorities that they were cutting far below what is called the possibility; in other words that the in- crement put on in the woods each year was far in excess of the amount of increment, 7.e. the volume of timber, taken out. Also that large areas of old woods which had practically ceased putting on increment and were going back, 7.¢e. losing their sale value, remained standing owing to the impossibility of selling and felling them. The Government estimate of the fellings was that they were removing something under 50 per cent. of the possibility. Matters have altered somewhat since. But there would appear to be a considerable margin to work upon. Of course the chief deterrents to heavier fellings have been scanty population, absence of industries requiring wood, and want of communications, roads, etc., the latter the chief and greatest obstacle. The following example will render this obvious. The larger portion of the State forests are found in the north in the Governments of Archangel and Vologda. Owing to imperfect com- munication these forests are difficult to work. Conse- quently whereas the annual fellings laid down were 94 THE FORESTS OF RUSSIA IN EUROPE 7 cubic feet per acre, the amounts actually felled were only *7 cubic feet per acre or about 10 per cent. Out- side these two Governments the fellings to be made in the State forests were fixed at 22 cubic feet per acre. - Only 13 cubic feet per acre were actually felled, or about 60 per cent. of the prevision. The Vistula basin, where the highest prices were obtained, and the less wooded areas of Central Russia showed better returns, only 6 per cent. of the prescribed cuts remaining unfelled. The Governments of Poltava, Veronega, Lublin, and Radom gave returns of 81 cubic feet per acre of the afforested area. The prices obtained for the various forestry produce naturally vary greatly in different parts of the country. It would not serve any useful purpose to consider this here. Nor need we pause to deal with the fellings made in the private and communal forests of which the returns available are doubtful, since the exact amounts of the fellings and prices obtained are difficult to ascertain. The trees in the State forests are usually sold standing on sealed tender, or by auction, the buyer felling and transporting the produce. State fellings and conversion of the material is only undertaken in rare instances. One of these was during the construc- tion of the Siberian Railway and the installation of the Settlements. Fellings take place between the middle of October and the middle of March. In the north labour is plentiful, the forestry industry being the chief source of livelihood of the population. In Central Russia and in the west there is also no labour difficulty, since the winter puts an end to agricultural activities and the ee al —— MEANS OF TRANSPORT 95 people are available for forestry work. Work is usually paid by the piece. Wages are cheapest in the scantily populated areas in the north and east. For the initial transport of the felled material from the forest horses are generally used to convey it either to the river, railway station, or the nearest local market. The transport is done in winter, snow and frost being counted upon to give the otherwise impracticable roads a hard even surface and render them negotiable. Streams, rivers and canals are the most practical, as they are the most used of all communications for the transit of the forest produce to the distant markets, and Russia is well off in all of these. The rivers, of which we daily read so much in the newspapers, are put to a very different purpose in peace time. Then you may see great rafts of timber, floated many miles from the forests in which it was cut, proceeding silently down-stream to some distant market. The length of floatable water is thus estimated—69,000 versts (a verst = about two-thirds of a mile) floatable, 83,000 versts navigable for boats, and 50,000 versts navigable for steamers. It is estimated that European Russia possesses 25,000 versts of river exclusively reserved for the floating of large rafts of logs, etc., 1,500 used by. the timber boats of wood merchants, 38,500 versts of double tow paths, together with 26,000 versts navigable by steamboats. There are only about 2,000 versts of canals. The most important river is the Volga, and tributaries connected by canals with the Neva and the Northern Dwina ; then comes the Dnieper, Western Dwina, Niemen, and the Vistula. The period during which the rivers, which are free to all for this purpose, 96 THE FORESTS OF RUSSIA IN EUROPE > may be used for floating is the ‘‘ open’”’ season, 1.¢. when they are not ice-bound, and the same applies to the streams (five to eight months). In some Govern- ments, Archangel, Vologda, etc., permission, which will usually be granted, must be first obtained from the Government. The railways also help, to a smaller extent, in the carriage of the produce of the forests, but the freights are of course much higher than for water-borne materials. We now come to a consideration of the wood indus- try itself. This industry has made the most extra- ordinary development in recent years. In 1877 its total value was only about 17,000,000 roubles. In 1897 it had reached 103,000,000 roubles. It is now nearer 200,000,000 roubles (£21,667,000). The chief branches of this industry are the saw-mills, of which there are some 2,000 in the country. The most important are to be found in the Governments of Archangel, Livonia, and Petrograd. The materials sawn up in these mills are mainly exported, the greater part to Great Britain. Elsewhere the chief mills are situated at the mouths of the Volga, Dnieper and the Don, and in the Governments of Orel, Saratov (especi- ally the town of Tsaritayne), Volhynia, Petrokov, Kherson, Smolensk, Kiev, Novgorod, Olonetz, Jaro- slav, and Keletz. The companies which own and run these mills are well-known commercial undertakings and in some cases are very intimately concerned with the forestry materials exported from Russia to this country. In fact, the saw-mills may be considered to be one of the re er el ~ SUBORDINATE INDUSTRIES 97 most important factors connected with the foreign — export trade. Next to sawn timber comes furniture making, which is animportant industry. The chief factories are to be found in the Governments of Petrograd and Moscow. Cooperage also employs a considerable amount of labour in the Governments of Astrakhan, Kherson, Kontais, and Jaroslav. Amongst subsidiary forestry industries are those of the wheelwright and coach- builder, which chiefly flourish in the Governments of Petrograd, Moscow, and Kiev. The match-making industry is spread throughout the forest regions. The industries of wood pulp and cellulose manufac- ture are still in their infancy, though both are now developing with some rapidity. The dry distillation of wood is another industry which has a future before it. Tar, pitch, and oil of turpentine are all produced in Russia, but in compara- tively small amounts considering the enormous area of the woods. The industry is, however, developing. It will be now of interest to glance at the exports of forestry produce from Russia. A very large amount of the materials from the vast forests is of course used in the country, the chief means of transport being the rivers, down which the materials are floated. Of these the chief are the Volga and tributaries, the Dnieper and the Vistula. A smaller proportion is carried by railway, more especially in Central Russia. The material thus transported is used in the industrial and populous centres of the country. In the northern provinces, in the Governments of Archangel and Vol- ogda, forestry materials are scarcely required in the 98 THE FORESTS OF RUSSIA IN EUROPE country owing to the scanty population and to the absence of industries requiring wood. This area is exclutively an exporting one. _ The chief Russian forestry exports are: (a) Logs, poles, faggots, fascines. (6) Squared timbers, posts, manufactured wood. (c) Planks, laths, shingles. (d) Pitch and tar from conifers and the birch, oil of turpentine, turpentine. (e) Walnut wood, palm tree wood, and oak bark. These may be divided into five classes of exports ; (1) Raw materials. (2) Dressed materials. (3) Wrought or worked up (planed) materials. (4) Products of dry distillation of wood. (5) Products of wood. The chief countries to which Russia exports forestry materials are Great Britain, Germany, Holland, and France. The first two take over one-fourth of her total exports. In recent years her imports to Germany have increased rapidly, the increase being greater in proportion than the increase to Great Britain. In Great Britain Russia finds as rivals in the timber markets Norway, Sweden, Canada, and the United States of America. In Germany her rivals are Austria, Sweden, and North America. Next to Great Britain and Germany, Holland occupies the third place as a buyer of wood from Russia, Sweden being a competitor. Lastly comes France—Russia’s competitors in this market being Sweden and North America with Austria, who sends her oak. A large proportion of the wood is exported by sea ——-* ——- CCU lee eee eee ee ee ee ee - EXPORTING CENTRES 99 transit from the ports of Riga, which is the chief Russian port for this produce, Petrograd, Cronstadt, and Archangel. The exports to Germany are princi- pally floated down the Niemen to K6nigsberg and down the Vistula to Thorn, Schulitz, Dantzig, etc. So far as the values of the exports are concerned, Riga holds the first place as an exporting centre, from whence we get the trade name of “‘ Riga pine.’’ The chief materials are planks, sleepers, squared timbers and dressed timber and pit props, of which several millions are annually exported abroad. Great Britain takes the greater part of the Riga exports. Much of this material holds a high place in the timber ‘markets, owing toitsgreat excellence. Petrograd and Cronstadt take second rank as exporting centres. The material consists chiefly of sawn timber (planks), of which spruce planks are the chief. Over 60 per cent. of these exports come to Great Britain (Hull and London), 20 per cént. to Holland (Dordrecht and Rotterdam), 10 per cent to Germany, and the rest to France and Belgium (latter 2 per cent. only). Archangel takes the third place, planks being the chief material exported, three-fourths of which are sent to Great Britain, the remainder to Holland, France, and Belgium. Tar, pitch, and turpentine are also exported from Archangel in barrels, the greater part coming to Great Britain, the remainder going to Holland and Germany. On the White Sea after Arch- angel comes the port of Onega, which exports abroad considerable amounts of sawn timber. On the same sea other ports of export are Kem and Kovda, Soroka and Keret. too THE FORESTS OF RUSSIA IN EUROPE On the Baltic, after Petrograd, Cronstadt, and Riga come the ports of Narva, which exports annually large amounts of logs and planks, Libava (dressed wood materials), and Windaw and Pernau (the same). On the Black Sea Odessa is the most important port, dressed and squared timber being the chief exports, principally sent to Great Britain. Oak timber is also sent to France and Algeria. Novorosiiske is also a rising timber-exporting port on this sea. In the Caucasus Batoum is the chief port, exporting walnut wood and palm wood. On her western continental frontier Russia’s chief exports of forestry materials go to Germany. These are cut in the wooded provinces through which flow the Niemen and Vistula, the mouths of which are both in Germany. The material is principally exported as logs or roughly squared timber floated down the rivers in rafts. On the Vistula some of the material is sawn up in saw-mills situated at the Russian frontier. It is important to note, however, that all this material is not taken by Germany. A considerable amount is floated down the German portions of these rivers to the ports of Kénigsberg and Dantzig, both of which are important ports for the Russian timber trade, and is sent to Great Britain and Holland, etc. At this juncture this is a point worth remembering. In spite of its great richness in forest materials, owing to inadequate development of its forest property and the poor state of communications Russia herself imports forest products, to certain of her unwooded centres, of the kind she exports from her afforested areas. Her imports consist of logs, poles, billets, IMPORTS TO BRITAIN 10 faggots, squared timber, planks, laths, tar, turpentine, cellulose, wood pulp, valuable exotic woods, oak bark for tanning, cork, etc. These imports could all be obtained at home either in Russia in Europe or in her Asiatic domains, except perhaps one or two of the more valuable exotic timbers, and in the last few years she has made great strides in developing her forests. How far she will be able to maintain or increase her exports from the European part of her dominions in view of the growing needs of her immense population is. a matter which remains, perhaps, in some doubt. Unquestionably, however, there are still large amounts of exploitable timber in North Russia, Finland, and Western Siberia. Itisa matter in which we, more than any other nation, are supremely interested. A glance may now be taken at the Russian imports to Great Britain for the last year of which we have record before the war burst on Europe, #.e. for the year 1913. The materials received may be divided into six classes of produce, consisting of conifers, ¢.e., pines, firs, larches ; and hardwoods—oaks and other broad- leaved species, as follows : (1) Logs, sawn, split, and planed. (2) Pit props and pitwood. (3) Wood pulp. (4) Oak logs. (5) Wood manufactures, furniture, etc. (6) Foreign hardwoods. The amounts in loads and values in pounds sterling of these materials received during the year in question were as follows : Oe brr'LSr 1€S‘goh LLEIE =| ghotze zgS‘oL Szr'zbz Sgr‘6b gSL'Ezr “‘Farsenpea |*ymo ursarryaend | “F arsonpea | “yd arsopyjaeNd ‘JF arsanpea | *"yaoarsanyaenG| *F ursonpea | -ymo UT saHUeND *STVLOL “ANIINGdUOY, £0 TIO av "HOU €161 ONIMNG VISSAN WOUA AAAIBIAaA doom f0 sLondoudd ‘ €r16r re9ah out Sump vissnyy Woy paAtesel 91am sjunoure Surmorzjoy oy} ‘eunuediny jo flo pue ‘1e} ‘yoqId “poom fo sjonpoid 94} JO A[ao (stuo}) | sonyea ut (suo) . 900‘L11 |000'662'r | o00'9grt | 000'r¥S | o00'S 1b‘z | ooo‘grh‘or || TES‘6 | pozonG 000'€z | o00‘od | #1Z‘gES‘1 | 000‘069‘E Z *o2g ‘amy |. P *poom ‘poured 7 *o2g ‘anya 5 *poom *pouerd Spoor ‘ sBo, yeOQ.| “dnd ‘ ‘spoom ‘ "S80, ¥eo| “dnd ‘ -myy ‘seiny | * -yid pue yids e -Ing ‘semn} |. -yid pue pue ‘}11ds -pieH :spoom | poomr PE ad oo ‘ weH | ~ :spoom | Pooay ‘ ‘ wsr9108 emt | pret, [+8009] TE ruo> een abpor04t eo omt | -PEBEL |: SIOFIUOD edoxd wa |aaos ‘5507 : :gIeyMOD | : seyTUOD (9) (S) (*) (£) (z) (t) (9) (S) (+) (€) (z) (1) *Suyieys F Ur sanfea €161 YVAA AHL ONINAG VISSOU WOMA GAAIBOAU SIVINALVW ISHAHod 102 NEED OF A NATIONAL PROGRAMME — 103 No acetone, a material of such importance at the present moment owing to its use in the manufacture of munitions, was imported from Russia during 1913. As may be known, wood yields 2 to 6 per cent. of its weight in pure acetic acid, which is extensively used for making vinegar. In wood vinegar there is always some acetone, which is a combustible liquid in which oils, resin, and gun-cotton are very soluble. Acetone is now, of course, used in the manufacture of propul- sive powders. It would appear that Russia equally with ourselves was far from appreciating the importance of this pro- duct of wood or the danger of allowing Germany to retain a practical monopoly of it. With our extensive and valuable Indian forests and those in the Colonies we could have supplied our own needs in this material, and doubtless those of others also to some extent, at this juncture. Russia with greater ease than ourselves could have provided from her vast European forest resources all that was needed. But factories and plant are required and organisation, and all this takes time, and is difficult to arrange for in actual war time. We are getting to work now in this direction, but a more general appreciation of the need of a national afforestation programme and the economic importance to a nation of maintaining a certain percentage of its lands under woods worked on a commercial basis would have prevented our present dangerous position, IX THE FORESTS OF FINLAND AND EUROPEAN TIMBER SUPPLIES ' THE Great War has given rise, in certain parts of Europe, to almost unprecedented demands for various classes of timber. The materials have been utilised in a variety of ways, outside their ordinary peace-time usages ; for the flooring, walling, and roofing of trenches and dug-outs, the hutting of troops in training, the pre- paration of barbed wire entanglements, the handles of entrenching tools, and for many other purposes, both naval and military, which are better perhaps left undisclosed. It was estimated the other day that there were some 2,000 odd miles of trenches on the Western and Eastern fronts. To construct these an enormous amount of wood has been needed. The whole of this material is lost to the world, for what remains of it at the end of the war will never prove serviceable. This excessive consumption of wood, outside its legitimate purposes, has rendered necessary the institution of a very careful inquiry into the sources of present and future accessible supplies and 1 Atlas de Finlande. Articles by Prof. A. K, Cajander, P. W. Hannikainen (Director-General of State Forests), and A. B. He- lander (Inspector of Forests). Helsingfors: Geogr. Society of Finland, ro1r. 104 — ae FUTURE GREAT DEMAND 105 into the probable amounts available in the forests of the allied countries situated in Europe. Urgent as this problem has already become to some of the Allies, ourselves for instance, the question will be still more acute at the close of the war. A previously undreamt- of demand must inevitably make itself felt with the advent of peace. It is becoming therefore an impera- tive duty—and each month that passes adds to the urgency of this duty—that the Allies should place themselves in a position to deal with the question in the least wasteful and most efficient manner possible. Owing to our insular position, we are, or should be, even more concerned in grappling with this problem than those of our Allies who will have forest resources of their own to fall back upon. Competition in the timber markets at the close of the war between coun- tries now fighting as close allies will on the one hand be playing into the hands of the Central Powers, and on the other be alike fatal to true economy and to rapid progress in the rebuilding of the towns, villages, and homesteads which have practically ceased to exist within the areas devastated by the operations of war. And this great demand, even in the absence of such competition, must, it is to be feared, react unfavour- ably on industries dependent on wood for their raw material. The economic questions involved require to be carefully thought out and a settled plan of action determined upon between the Allies now. The great forests of some of the European nations and their contents, both in volume of timber, sizes and classes of materials, and estimated values, are more or less well known. For instance, the fine forests of 106 THE FORESTS OF FINLAND the Central Powers and their prospective value and importance when peace comes can be more or less correctly estimated. The same may be said for the forests of France and of some other western European nations. Norway and Sweden, as is well known, have continued to supply, down to the commencement of the war, and in fact to the present time, large amounts of materials of the classes here under consideration. It is difficult, however, to forecast the extent to which they will be able or prepared to assist us in meeting the infinitely greater demands which must arise in the near future. They have been taking advantage, Sweden especially, of the high prices now existing. But are they prepared to continue to do so and can their forests stand the strain? Sweden has been cutting very heavily in her northern forests for several - decades past, large tracts of which were leased about the middle of last century to big saw-mill companies. There appears little reason to expect, or even, in the future interests of the countries themselves, to hope, that the Scandinavian Governments will continue to consent to the exhaustion of their forests even to take advantage of an excessive inflation of prices, It has also become the duty of the countries most directly concerned to endeavour to prevent such an inflation of prices as would be- the immediate outcome of direct competition amongst themselves in the timber markets. At the same time, it is a first necessity in the interests of future generations that the forests of Europe should be so managed that as little interference as possible may take place in the existing plans of management of the woods. Such a SOURCES OF SUPPLY 107 plans are primarily based on the removal of the normal increment; or, to put it in more popular language, on the removal of the annual interest, while the capital is left behind intact. Over-cutting means trenching upon the capital, interference with the supplies of the future, and is financially unsound in the case of large areas of forest managed by the State on commercial principles in the interests of the community. It is admitted that to some extent it should be possible for America and Canada to assist us in this matter. They have, in fact, been taking advantage of the high market rates, but it is these rates which it is imperative should be brought to a lower level at the close of the war, and if possible before this proble- matical date. This problem, in its main issues, is one for the Allies alone, and they will certainly be called upon to solve it for themselves. ee The sources of supply form the first point for con- sideration. It becomes necessary to ascertain whether . there exist in Europe accessible areas, or areas which can be made accessible with comparative ease and at a remunerative outlay, of commercially exploitable. forest which can be utilised to supply the heavy demands which will exist. There are other matters of urgent importance, such as the afforestation through- out Europe of all land which in the opinion of experts will prove financially sound in the interests of the several communities. This and other problems which will arise have to some extent been already dealt with. Having settled upon the source of supply, the next _.point to ascertain is whether the commercially exploit- able forests referred to above contain an excess of old 108 THE FORESTS OF FINLAND growing stock, t.e. whether, owing to insufficient demand in the past, or to a scanty population, to their inaccessibility, or the existence of forests in the country with better export facilities, these forests have been left unexploited up tonow. Itis forests of this nature which the world has been busily cutting out for over a century, and more especially since the advent of steam communication. The greater part of them have been already exploited or ruined by fire and other causes. Tracts of considerable size and practically untouched do, however, exist; and Russia probably owns the greatest area of them in Europe. A considerable portion of these forests are managed by the State Forestry Department of the country, and, save in the more densely populated parts, the fellings made annually in these areas have been far below the possi- bility ; in other words, want of demand or of export facilities have rendered it impossible to remove the annual amount of timber which proper forest conser- vancy and a correct management of the areas on finan- cial lines would indicate and justify. Russia proper has been already dealt with. There remain Finland and Siberia, both of which contain vast tracts of such forests, some more accessible than others. It is pro- posed here to confine ourselves to a consideration of the forests of Finland, which, owing to their proximity to the sea and their comparative accessibility, should, if the matter is managed on statesmanlike lines, prove of incomparable value to the Allies in the near future. Finland forms the N.W. corner of Russia in Europe ; it is bounded on the south by the Gulf of Finland ; the lower half of its western shore is washed by the FRESH WOODS | 109 ‘Gulf of Bothnia, while the upper half is bounded by Sweden. ee From time immemorial the forests of Finland have played a very important part in the development of the country. In the distant past, when the popula- tion lived a nomadic existence, they hunted in the forests to supply themselves with food. With the advent of agriculture, the forests still continued to play an integral part in the life of the people. Areas were felled and burnt to provide additional room for the raising of crops, the ashes of the burnt materials forming a valuable manure for the new fields. The method is still practised in Eastern Finland, economi- cally wasteful asitis. Materials for building purposes, heating and cooking, agricultural implements and so on, were all derived from the forests. But except to provide the local needs of the population the forests had little other use. Until comparatively recent times there was no export of forest produce, nor were the forests conserved in any way. Small beginnings were made in 1862-3 with the establishment of a Forest Service and a forest school at Evo. But progress languished. It was thought that agriculture would pay better; and for years subsequently all efforts were concentrated upon this business. It was grad- ually perceived, however, that the high hopes placed on successful agricultural development were to be dis= appointed ; exports of agricultural produce remained small, while, so late as 1907, Finland was importing over £4,000,000 worth of cereals, grain, etc. On the other hand, during this period, the value of the forests gradually increased. The exports of timber, from be &0) THE FORESTS OF FINLAND being negligible, amounted in 1907 to nearly {9,500,000 sterling, or 70 per cent. of the total exports of the country. And this in ‘addition to providing all the wants of the local population. The greater part of Finland, with the exception of the coastal regions, where the-soil is argillaceous and - more or less fertile, and the great prairies stretching along the rivers of Ostrobothnia, is a forest country. The soil is poor and stony and the climate cold—both factors more adapted to tree growth than to agricul- ture. Other points favourable to the maintenance of the forests of the country are the ease with which they can be renewed naturally by seed falling from parent trees, thus eliminating the expenses of planting ; the small snowfall, which does not impede felling and extraction operations in the winter ; the abundance of water transport, which forms a net-work of excellent communications ; and the amount of available water- power for driving saw-mills, etc. The State owns about 36 per cent. of the area of Finland, or 32,804,695 acres, excluding some small areas purchased by the State for various purposes. Of the above area 32,078,457 acres are covered by Government forests, the remaining 726,238 acres com- prising chiefly farms and other Government enterprises. This large area was constituted a State forest in olden times, as in so many other countries, when forests were not considered to possess any economic value, all land not at the time under private ownership, or occupied by villages, becoming crown property. At this period the area was considerably larger than 36 per cent, of the whole country, large grants having APPROXIMATE AREAS OF FOREST m1 been made from time to time for extending cultivation and other purposes. Even at the present day such grants continue to.be made, but only after a careful examination of the areas to ascertain whether they can be put to better economic use than by the growth of trees; for the economic value of the forest, in the interests of the people and the country at large, is now fully recognised. Accordingly, the Government has within the last few years extended the forest area in the south and centre of the country by purchasing extensive .areas of privately owned forests. The following table shows the approximate areas of forest in the eight Govern- ments of Finland : Estimated approximate areas, in acres, Area Name 7 Cultivated lands including ‘ of water, Best lity {Better classes Government. | i acres. vil ed Meadows foresteciia: |° marsh and | Water. ‘ areas. Nyland . 6,662 85 190 4,755 1,132 500 Abo. . 368,467 | 3,187|- 8,030} 174,237] 173,117 9,875 Tavastehus 249,757| 3,539| 5,837; 146,815 84,420 9,145 Viborg . 624,132} 365] 4,832 322,317 260,835 35,682 St. Michael 102,627| 537 680 64,412 31,462 5,535 Kuopio . | 1,318,197] 1,425| 7,552 668,242 597,847 43,130 Vasa + | 1,034,430] 4,715| 13,332] 527,700] 465,155] 23,527 Uledborg . | 28,374,562 | 6,242 |110,977| 11,814,245 | 15,294,147| 1,148,950 TOTAL . 32,078,834 20,086 |151,430 | 13,722,723 | 16,908,115] 1,276,344 The above figures show that forest soils of the best quality occupy an area of only 13,722,723 acres, or 43 per cent. of the total forest area. Bog or fen areas of the better class (16,908,115 acres) are either covered with forests or are rocky and bare areas of little forestal 112 THE FORESTS OF FINLAND importance. A portion of the good quality forest soils are situated in the far north, and the forests on them are chiefly maintained for protective purposes. There remains, however, a large area of State forests con- taining merchantable timber of good quality. But this does not by any means exhaust the forest resources of the country. In 1899 (the last valuation made) it was computed that there existed 24,688,677 acres of private forests occupying best quality forest soil, and 4,597,235 acres of afforested bog and fen land. These figures include areas of forests on Government farms, ecclesiastical farms, and communal forests. The communal forests, belonging to towns and villages, are of interest. For instance, the town of Kajana, which owns the largest forest estate, possesses an area of 24,192 acres; the town of Tornea about half this amount, Kuopio nearly a third, and so on. Timber-working companies also possess forests of their own amounting to 1,421,847 acres, managed for purely commercial purposes. No less than 55 per cent. of the country which has been cadastrially surveyed is in the hands of private proprietors, who thus own the greater part of the private forests. These areas, in consequence, play an important and, so far, a not un- successful part in the economic forest policy of the ~ country, although their sylvicultural treatment leaves ‘much to be desired. So far as their exploitation goes, i.e. their conversion into cash, the private properties ‘have been the chief source of timber export in the past. In 1906 only about 13 per cent. of the raw material used by the saw-mills came from the State forests, and in 1907 only 16 per cent. In 1907 Finland ex- NATURE OF THE TREES II3 ported one million cubic metres of pit-timber and 420,000 cubic metres of wood for paper-making, while in that year all the State forests only yielded 78,000 cubic metres of these materials. There is practically no restriction to fellings made in areas of forest owned by timber companies and private persons ; and conse- quently their methods of working are usually wasteful and extravagant. There exists a law under which the owner is bound to take measures to reafforest all areas of above twelve acres in extent which he clears, but it is a dead letter. The future of the country, so far as its forestry resources go, will depend more and more upon the State forests, unless the forest laws are revised and drastic measures taken to enforce them. Here, however, we are more concerned with the timber export possibilities of the country at the present time ; and in this connection the whole area of forests, State and private, requires careful consideration. The history of the forests of Finland and their nature may be told in a few words. When man first made his appearance in Finland the whole country was a vast forest. The chief trees were the Scots pine and the spruce. The pine had originally formed vast pure forests, but on the better classes of soil it was giving place to the spruce, which had come in from the East. The areas on the shores of the Arctic Ocean and the elevated mountains were bare. Between the barren area (tundra) along the Arctic Ocean and the forest zone proper stretched a narrow band of stunted birch. In the south, especially to the south-east and south- west, groves of oak occupied the more fertile soils in the plains and on the lower slopes of the hills.. On II4 THE FORESTS OF FINLAND similar soils in other parts of the country mixed woods probably existed, containing in the centre and south, amongst other species, the maple, ash, elms, lime, etc. The water-courses were bounded by meadows and fringed with narrow belts of birch and alder. This period was followed by the drying-up of the lakes and the flooding of the forest soil by water which gave rise to vast marshes. The peat areas grew stunted pines, the swampy ones spruce or birch, or, in places in the south, the glutinous alder. Man has since then considerably modified the nature of the forests, the marked transition following the period at which he settled down on the soil in organised com- munities. Fire played animportant part in the change. There are probably few of the afforested areas in Fin- land which at one time or other have not been ravaged by fire. For example, fires destroyed either wholly or partially 160,752, 135,557, and 168,905 acres of State forest in 1868, 1883, and 1894 respectively. These fires have considerably altered the distribution of the pine and spruce. The former, having a thick bark and deep-going roots, is easier able to resist fire than the thin-barked, shallow-rooted spruce. Also the young pines suffered less from frost and drought, and were thus able to occupy, with greater ease, the burnt, ex- posed and dried-up areas. The more often fire passed over an area the quicker was the disappearance of the spruce from the locality, the species only remaining in deep damp hollows into which the fire could not pene- trate. Inareas which suffered in this way in the past, the drier sandy soils are now occupied by forests of pure pine, the more fertile soils being covered with birch, SPRUCE 115 This latter species, owing to its very light seed, easily wind-borne, and to the fact that it seeds abun- dantly every year, while the pine in Central Finland only produces a seed-crop every seventh year, quickly invades burnt-out areas. The year following a fire will see the birch beginning to appear. The great stretches of birch forest existing in Lapland and Northern Finland arose in this fashion. Other great tracts of poor soil existing in Finland, now absolutely devoid of tree-growth, are also chiefly the result of incendiarism, and, to a less extent, of the wasteful devastation by man of the previously existing forests. With the protection of the forests and the rarer occur- rence of fires the distribution of the species again began tochange. Starting from the swampy lands and damp hollows where it had held its own, the spruce invaded the pine and birch forests, forming at first an under- wood. With the development in height and crown extension of this spruce underwood, it in time came to form a high forest, from which the old pine or birch gradually disappeared. Owing to the thick shade which.the spruce throws on the forest floor below, no young pines or birches—both species requiring light to enable them to develop—could grow. Young spruce, on the other hand, are able to develop in the shade of their parent trees; and, owing to this peculiarity, the species gradually took possession not only of all the soils on which it was able to grow to perfection, but also of others less well suited to it, which, from a com- mercial point of view, were better occupied by the pine. In the coastal regions of Nyland and the Governments of Abo and Vasa the spruce is already 116 THE FORESTS OF FINLAND more widespread than the pine. In other parts of the country, such as Ilomantsi and Korpiselka, great stretches of spruce forest exist; and here, doubtless owing to the presence of extensive swamps and deep ravines, fire was never able to spread to any great extent, so that the spruce forests were never destroyed by this agency. Another agency, probably even more destructive than fire, was the pernicious custom of ** shifting cultivation.’’ A patch of forest was felled ; the felled trees were fired, and the burnt ashes strewn over the area; and one or more successive agricultural crops were then raised upon it. As soon as the area no longer yielded a satisfactory crop without under- taking a more intensive cultivation of the soil, the cultivator moved on to another patch of forest, which he treated in the same fashion. The spruce forests were the first to be dealt with in this fashion, because they occupied the best soil. When the cultivator left the area, it was seized upon and rapidly covered by the light-seeded birch. Where the cultivation had taken place on drier areas of poorer soil, the pine subsequently appeared. Of all methods of cultiva- tion this system is the most pernicious. But the birch forests were not the only result of treating areas of better-class soil in this fashion. When, in course of time, the birch forests were in their turn felled and burnt for a like purpose, the birch gave place to forests of white alder; and the more often the burning took place on such areas, the purer became the resultant alder forest, owing to the fact that the alder reproduces itself by sucker and coppice shoots, and that these grow quicker than seedling birch, and ALDER 117 thus in the struggle for life killed out the latter. The extensive forests of alder which exist round the villages in Carélie, in the Savolaks, and in parts of Tavastland, originated in this manner. The system, which is still practised in the east of the country with Government consent, has caused the disappearance of great areas of valuable forest in Finland. Already, in parts, efforts have been made to ameliorate the con- dition of affairs by burning areas of pure alder and sowing pine seed on the resultant bed of ashes. The one favourable feature of the alder forests in the past was the fact that, owing to the open nature of the woods, a fine crop of grass grew up which was used for pasturing cattle. But, as has been shown above, most of these areas would carry a much more valuable. conifer forest. Large areas of privately owned “ forest,” if it can be given the name, consisting mostly of birch and scattered alder, are also used as cattle parks, a most wasteful method of utilising good forest land where national economy is considered. In the north of Finland and in Lapland the custom of reindeer breeding is also destructive to the forests, by rendering it almost impossible to raise young crops of trees. Since the reindeer lichen, which grows on the moors, is not nearly sufficient for the great herds reared, the shepherds fell large numbers of spruce covered with lichens (A/ectoria, etc.), upon which the reindeer, in the absence of a sufficiency of the other plant, have to feed. The State suffers considerable losses owing to illicit fellings made for this purpose in areas where the forests are very large and the protec- tive staff too small to stop these wholesale thefts. 118 THE FORESTS OF FINLAND _ The distribution of the various species of tree in the forests of Finland is a point of considerable interest at the present time. The Scots pine (P. sylvestris) is the dominant species _over the greater part of the dry moorlands and areas of pure sand. It also occupies, practically alone, the numberless peaty areas. Mixed with other species, it covers the slightly better class of soils, although here the spruceis usually present asan underwood. Onall these classes of soil, both favourable and unfavourable, the pine in Finland develops a fine straight stem which always finds a ready market. The spruce (Picea excelsa and P. obovata with inter- mediate forms) covers the greater part of the swampy soils. It also forms the dominant species on the more fertile soils which have not been subject to bad fires. It is for this reason that the spruce is commoner than the pine in Finland proper, the sea-coasts of Western Nyland andthe Government of Vasa, and the northern parts of Carélie in the direction of the Russian frontier. In the State forests in the north and in the regions adjacent to Suomenselka the spruce occupies areas in which, from the commercial forestry point of view, it is not the species most suitable to the soil. It is also present in nearly all the mixed forests which grad- ually pass into pure spruce areas. The birch (Betula verrucosa and B. odorata) forms the chief species on the extensive tracts of Lapland and North Finland which have been subject to incendiarism. It also forms more or less extensive forests in all parts of the country which have been subject to fire, or to the pernicious system of shifting cultivation in which fire BIRCH, ALDER, OAK 119 plays so important a part. Cattle parks are often chiefly covered with birch. It is also present in the mixed forests and in the areas which have been long worked irregularly to furnish the domestic require- ments of villagers and private proprietors. The two species are found generally together, B. verrucosa pre- ferring the drier and B. odorata the moister localities. The white alder (Alnus incana), originally only exist- ing as a fringe to the water-courses (with the exception of the coast in the south-west of Finland), has become, as a direct outcome of the system of shifting cultiva- tion, the chief species over great tracts in Carélie, the Savolaks, Tavastland and the regions beyond Kajana. The glutinous alder (A. glutinosa) forms narrow pure woods along the shores of the lakes, especially in the south-west of Finland. In the south it spreads over the marshy lands, where it occasionally forms pure woods, as, for instance, in the coastal regions. The oak (Quercus pedunculata), which formerly, in the “‘ oak period,’’ held a place of considerable import- ance amongst the forest species in the south, is now only found in small isolated woods in the extreme south. The aspen (Populus tremula) is widespread, and is found on the fertile soils as well as on the driest of the sterile moors, but only reaches consider- able dimensions on the former soils, where it occa- sionally formssmall pure woods. Larch (Larix stbirica and L. europea) has been introduced and some of the plantations formed have done well. The oldest, of L. stbirica, was planted between 1738 and 1820 and shows excellent results. Willow, maple, ash, lime, and elm occur sparingly in the south. Io 120 THE FORESTS OF FINLAND The oldest fellings in the forests of Finland were made for what may be termed purely domestic require- ments, such as firewood, charcoal, timber for building, household and other purposes, for small enclosures, and for obtaining tar. The fellings were undertaken without system, the best materials for the purpose in view being selected and the remainder left standing on the ground. In this fashion, in the neighbourhood of villages and townships, the forest gradually became open and honeycombed with holes and glades in which birch, alder, and aspen made their appearance. The trees were also topped and hacked about to provide litter or fodder for cattle and sheep. When an out- side demand for timber sprang up and made itself felt in the country, the really destructive fellings began; and certain of the privately owned forests have been more effectively ruined by the methods of felling employed than by all the previous damage they suffered from fire, shifting cultivation, and cuttings made to supply local requirements. The sales from private forests commenced with the introduction of the saw-mill industry in the middle of last century. At first only material for the mills was required, and the damage done was not of great con- sequence. But soon the demand arose for pitwood, wood pulp, etc. ; and private forests were felled whole- sale. Great stretches of them were often sold standing to the timber merchants, who cut everything on the ground which could be sold, what was left on the areas being worthless. Thusconsiderable areas of privately owned forest wereruined. In the State forests, on the other hand, the management went to the other extreme. ; ‘ —— 4 i 4 i) i C ————— ———————— UNDERFELLING 12 The only fellings undertaken were made on what is known as the selection system. Only sound logs were sold, the oldest trees being selected here and there in the forest for the purpose. Only small openings were made in the canopy by the removal of these trees; the forest was thus kept too dense, and young trees, with the exception of spruce, had not sufficient light to enable them to develop and take the place of the old onesremoved. Under the system the spruce came in and occupied soils which should have been confined to the Scots pine only. The idea underlying this method of felling was “‘ to spare the forest,” 7.¢, that to underfell was good sylviculture ; whereas, to carry over from year to year a preponderance of mature and over-mature growing stock is neither good sylviculture nor sound forest finance. Recently this system has been modified by the order that cleanings should be made in the cutting areas when the old trees are selected and felled. The chief point for our pur- pose in this management of the State areas is that, as the forests have been admittedly underfelled in the past, they must contain a considerable preponder- ance of old growing stock, 7.e. of mature timber ready for the axe—timber which it would bein the interest of the forests themselves to remove, and which should prove a great asset to the Allies at this juncture. The Finland Forestry Department was created in 1863, but owing to the almost total absence of timber sales from the forests the progress of the new Depart- ment was very slow. The protection of the forests formed its chief work and proved most necessary. The people, as has been the case in most other coun- 122 THE FORESTS OF FINLAND tries, looked upon the forests as their own to enter and cut timber, etc., at their will; and the forest officials had for years to face open hostility on the part of the public in carrying out the new regulations. The staff was far too small to undertake the work entrusted to it; and the revenue realised from the sales of timber, in the absence of all knowledge as to the contents of the forests, did not even cover until 1872 the expendi- - ture of the Department. From that year a surplus, which gradually increased in amount, was realised ; but the excess of receipts over expenditure only showed a notable increase (with small drops) from the year 1890 onwards, as the following table exhibits : t Year. | Receipts in f- dle “Fe Deficit in £. | Surplus in f.| “in a ie ‘ receipts 1861 5,064 18,247 13,183 360°33 1870 10,242 21,389 11,147 208'84 1880 49,337 33,898 15,439 67°70 1890 108,332 39,126 69,205 36°12 1900 | 244,900 47,884 197,015 19°57 Ig0I | 176,973 45,619 131,354 25°78 1902 185,108 50,548 134,559. 27°31 1903 326,660 74,540 252,120 22°82 1904 306,606 72,115 234,491 23°51 1905 240,775 88,859 _ 151,915 36°91 1906 | 349,790 90,752 259,037 25°94 1907 | 496,717 | I11,253 385,463 22°40 1908 | 463,396 | 147,421 315,974 31°84 1909 | 464,089 | 189,529 278,559 40°80 19101 | 660,000 195,000 465,000 29°00 These figures prove two things: (1) a satisfactory pro- gress in the exploiting of the Government forests be- tween the years 1900 and Ig10; and (2) that the additional expenditure for additional staff, opening 1 Approximately. _-——_- --—- — —_ = a TABLE OF EXPENSES 123 out of communications, and so forth, led to a satisfac- tory increase of receipts, a result well understood by the forestry expert. The receipts and expenditure and free grants of forest produce for the State forests of Finland between the years 1861 and I9I0 may be diagrammatically shown as follows: 750 725 +4700 675 650 625 600 575 550 525 500 1475 450 ! 425 400 375 ; 350 NT 00 j 44275 +4 250 225 } 44200 175 4i T 150 pti te 125 100 Baw Bi: tte 75 ewe enane 50 4 ear Ase os = Je “ | 25 | ELEY 0 Thi eT = -25 wil86) = 1865 1870 1875 1880 1885 1890 1835 1900 1905 IN10 bite ht Pm, Poe Grants co teene ee » Expenses ames om + Receipts 124 THE FORESTS OF FINLAND The work of enumerating the contents of the State forests was commenced in 1904, and some progress has been achieved in this direction, the object being to draw up plans of working for periods of ten years, under which a regular system of fellings and regenera- tion of the areas cut over will be undertaken. These enumerations of the standing crop in the various forests brought out the pleasing fact that the number of trees of timber size proved to be considerably greater than had been anticipated, especially in the northern dis- tricts. The work is still uncompleted, and the Forest Department are as yet unable to definitely state the numbers of trees of timber size ripe for felling. The following table based upon actual enumerations of some forests has been drawn up for the ten Forest Districts in the country which are in the charge of Chief Forestry Inspectors: Stems with a | Stems witha diameter of diameter of 30 cm. (113 25-30 cm. District. ) or more |(9§-11}@ inches) Total. at a height of | at a height of 4’ 3” from 4’ 3” from ground level. | ground level Govt. Abo-Tavastehus 2,628,824 | 3,539,383 6,168,207 Dist. Evo-Vesijako . 78,192 319,914 398,106 Govt. of Viborg-St. Michael 2,701,818 | 4,803,933 7,505,751 Joroinem District . 41,520 352,270 393,790 Govt. of Kuopio . «| 5,290,605 | 7,580,420] 12,871,025 Govt. of Vasa . . -| 2,622,760 | 4,439,414 7,062,174 Ulea Lake ; 4,787,58 7,349,068 | 12,137,255 1: es ° 5,887,1 10,438,643 16,325,811 Kemi . 13,870,000 | 13,129,964 | 26,999,964 Lapland 13,457,133 | 17,974,086 | 31,431,219 TOTAL : 51,365,607 | 69,927,695 | 121,293,302 ? ae ae ye a a AUCTIONS 125 Some 121,000,000 trees, of approximately Io inches diameter and over, at 4 feet 3 inches above ground, therefore exist; and, in the present exceptional cir- cumstances, considerable fellings could be made to remove old growing stock, ripe or over-ripe. Its removal, with the additional transport facilities which would doubtless in places require to be created, should place the Department in a far better position, and in a far shorter period of time than could have otherwise been hoped, to take up the many interesting sylvi- cultural questions which demand attention in these forests. The trees in the State forests are usually sold by auction standing, chiefly by the stem, but also by volume. A deposit must be previously made by bidders, which is forfeited if the bid is not completed. The bids are submitted to a higher authority and may be refused or accepted ; in the latter event the bidder completes his payment before felling and extracting the trees. These auctions for the big timber are carried onin August atlargecentres. Smaller auctions, at which the smaller material is disposed of, are held locally as may be required. Even here the offers have to be submitted to the district forest authority before they can be accepted. The chief difference between the two auctions, omitting the size of the timber, is that for the small material one year only is allowed between purchase and its removal from the area, whereas for the larger timber two or more years may be granted to the contractor to fell and extract the trees purchased, these trees having previously been marked by the forest staff. Latterly the Department has been working depart- 126 THE FORESTS OF FINLAND mentally, z.e. felling and converting the trees in the forest itself and selling the converted material on the spot to purchasers. The Department appears to favour this method. But, except in abnormal circumstances, experience has shown, in other places where the method has been tried, that the trouble entailed usually so ties the hands of the staff that necessary inspection and protective work and the proper sylvicultural care of the forests are sacrificed, to the ultimate detriment of the woods themselves, although doubtless at the time a greater revenue is made. The departmental work in this instance is undertaken to supply Govern- ment Railways with sleepers and fuel for the engines, — and with material for the three existing Government saw-mills. The following table for the twelve years 1898 to 1909 shows the numbers of stems sold at the main public auctions, the sales at these furnishing the best indica- tion of the prices obtained for large-sized timber and of the increased demand during the period : Year. Number of stems sola. | eam price Per stent in 1898 . > : 816,962 4°12 1899. . . 1,306,344 4°13 1900. > 2 933,848 5°16 190I . : ; 1,306,483 4°62 1902. ‘ ‘ 1,568,746 4°29 1908. ey ye sg 996,889 5°78 1904. ° ‘ 1,360,033 4°21 1905 . ‘ ° 1,868,331 5°03 . 1906. . ‘ 2,205,166 5°39 1907. . . 2,392,579 4°75 1908. . > 2,874,037 3°60 1909 . . . 31395,042 3°53 FIGURES OF EXPORTS 127 The drop in the mean price is explained by the fact that in 1908, 1909 the chief fellings were made in the great forests in the north, where prices always rule lower than in the centre and south of the country ; it was also to some extent attributable to the fact that the marking of trees for sale is now done on better sylvi- cultural lines, the selection not being made only amongst the finest stems, as was formerly always the case; the system of cleanings having, as has been already stated, come into operation. In 1908 the total timber sold from the State forests amounted to 0°24 cubic metres per hectare (24 acres) of dry forest soil. The mean annual increment of wood put on per hectare has been valued at 1°5 cubic metre for the wholecountry. There should therefore be, and in fact is, a considerable excess of mature timber in the State forests.. The figures of exports from Finland in 1907 show the following forest produce exported from the country : Net measurement in cubic metres. Poles, stems and logs . ‘ : ‘ 215,727 Pitwood and wood for paper pulp . : » 1,135,008 Fuel ‘ i 640,892 Beams, approx. in the round , ‘ ‘ 1,113 Spars, squared, approx.inthe round . ° 234,200 Sleepers, approx. in the round . , ; 45,382 TOTAL . : : =. 23492j;322 In the same year industries Nisdctied the following amounts : Saw mills . : + 5,169,025 Bobbin mills (in 1906) approximately n ‘ 177,559 Sed pulp mills (mechanical and chemical), 1st 794,975 © Paper irik ‘mills (mechanical and chemical), fuel approx. . : : 350,000 Wheels, blocks, rollers, etc. R é > ° 13,500 Charcoal making . . . . *. ° 33,718 Distillation of tar. ‘ . > ‘ ° 79,721 Tota.» ‘ e - 6,528,498 IZ). THE FORESTS OF FINLAND Added to this were the amounts of wood utilised on lines of communication steam-boats, which consumed 250,000 cubic metres rough measurement. Railways absorbed in 1908 a total of 9,000,000 cubic metres as fuel and for other railway work; and telephones and telegraphs another 10,000 cubic metres. In round figures it way be said that in 1907 industries and exports utilised about 10,000,000 cubic metres of wood net measurement. Now of this total only 1,303,582 cubic metres was of State forest origin. The remainder, a total of 8,500,000 cubic metres net measurement, came from the privately owned forests of the country. This is an important point, for these private forests are by no means yet exhausted; and therefore to the estimated total of 121,000,000 trees with a diameter of approximately ro inches and over at 4 feet 3 inches above ground existing in the State forests must be added a total probably as large, and in all probability far larger, standing in the privately-owned forests. It has been estimated that the domestic requirements of the population absorb 13,186,452 cubic metres net measurement, in addition to the amounts given above. These materials are, however, of small size and do not affect the question from the point of view here con- sidered. It is the commercial timber which exerts the chief influence on the exploitation of the forests; for it is the timber markets which demand the finest timber, the local requirements being satisfied with inferior qualities. It is the big markets which attract the private owners of woods, as also, to a considerable extent, the Government owner; since it is in these markets that the best prices are obtainable for the AN OPPORTUNITY 129 larger material which they are in a position to supply. An endeavour has been made to point out in this article! that in the forests of Finland there exists one direction at least to which the devastated countries may look to obtain materials at a reasonable price with which to repair the destruction wrought by the Great War. Those industries in the Allied countries which depend upon timber for their raw material may also hope to obtain a part of their requirements from these forests. But both these possibilities remain possi- bilities only. It will depend on the Government being sufficiently far-seeing to come to some definite working arrangement between themselves and Russia before the war closes, if advantage is to be taken of existing opportunities. And the Finland forests, with their easy export facilities offered by their numerous water- ways and available timber of the kinds which will be most in demand, Scots pine and spruce, present one of these opportunities. Are we in Great Britain going to see that it is taken in time? 1 This article was published in the Quarterly Review for April 1916. D4 THE FORESTS OF SIBERIA, INCLUDING TURKESTAN IN two previous articles, the forest resources of Euro- pean Russia and of Finland have been dealt with, and some indication has been given of their undeniable importance to the Allies in a near future. A review of the forest resources of Russia would not, however, be complete without a survey of the enormous forest tracts existing in Asiatic Russia: for portions of the great Siberian forests hold a place which cannot be neglected in the Western European timber markets, e.g. in that of Great Britain—a position which is likely to increase in value in the Min to come. As yet, however, in spite of the valuable work that has been already accomplished in the exploration and survey of these regions, it is too soon to say definitely how great will be the influence of these Asiatic Russian forests on the world’s markets. The areas are so enormous that the forestry resources, that is the number, species, and value of the trees covering a very considerable tract, still remain unsurveyed. In the year of the outbreak of the Great War, the Chief Department of Agriculture published a volume 130 rns. i a : : ASIATIC RUSSIA | 131 entitled Asiatic Russia, with an accompanying hand- some volume of maps. One of the sections of this important work deals with the “forest wealth ’’ of this enormous stretch of country. It is written by V. V. Faas, and its appearance at the present time must be looked upon as most opportune. From this and other sources open to me, it has been possible to form a very fairly accurate idea of the position, probable yield capacity and importance, both present and prospective, to the world’s timber markets of these forests of Asiatic Russia. | The area of country now being dealt with stretches from the Ural Mountains to the Pacific, including Siberia, the Steppe region, and Turkestan. Lake Baikal divides Siberia into two almost equal parts, western and eastern. The western half comprises the Governments of Tobolsk, Tomsk, Enessey, Irkutsk, and the districts of Turgai and Uralsk; the eastern half has the Transbaikal, Sea-coast, Amur, and Sachalin districts. That vast tract, the Steppe region, com- prises the Semipalatinsk and Akmolinsk districts, and in addition there are the great stretches of Turkes- tan. As will be understood, the climate, or various climates, of this extensive country vary greatly from arctic to hot, and this variation in climate is accom- panied by a considerable divergence in character of the forests occupying different parts of the region. The forests of Asiatic Russia are very unevenly distributed throughout the different Governments of Siberia, the Steppe region, and Turkestan, and, owing to the sparse population inhabiting these tracts in the past, very little attention has been paid to 132 FORESTS OF SIBERIA AND TURKESTAN the woods or to their possible economic value. The scanty population was allowed to treat them pretty well as it liked. They took what they wanted from the forests, practised shifting cultivation after the fashion already described in the Finland article, or _ set fire to large areas annually to get up new grass on which to pasture their cattle. The building of the Siberian Railway and the influx of population from European Russia has had, it is true, some effect on portions of the forests, but the areas are so vast that it appears probable that they will be capable of furnishing materials for export for a considerable period of years. Roughly speaking the forests owned by the State predominate throughout Asiatic Russia, the area amounting to the gigantic total of 642,600,000 acres, or about two-thirds of the total State forests of the Empire. The forests occupying such extensive tracts naturally vary considerably in quality, but 249,750,000 acres or 39 per cent. of the whole area is classed as rich forest soil, This percentage is small when com- pared with the 80 per cent. in European Russia and the 63 per cent. in the Caucasus. It must, however, be borne in mind that in the area under consideration, especially in the zone bordering on the twndra (Siberian swamp), vast tracts exist covered with a poor scrub forest with no exploitable trees in it; the areas of value being confined to the southern hill slopes, or to the valleys sheltered from the cold north winds. Large tracts of fen-land, marshy lake areas, and great stretches of burnt-over forest lands also exist in Siberia, and go to swell the total of “‘ poor forest soil.” TABLE OF DISTRICTS 133 The following table shows the distribution of the State forests in the Governments or Districts of Asiatic Russia, and also the numbers of forest divisions and forest estates in each division. The Russian word here translated into “division” is lesnitchestvo. It may be that our technical forest term of “ circle” would more nearly express the meaning, but division will perhaps be more readily understood. The Russian word daicha means an “ estate,’ and it is left at that. Technically, we should probably call it a district, or if ‘‘ circle’’ were used for the larger area, a division. The table is as follows: Number Areas in acres, ; Ons.| es. : Total Area. | “forest soll. Uralsk . . I 22 79,944 48,575 Turgao. . 6 72 1,434,677 982,675 Tobolsk . ; 33 497 170,808,917 45,503,156 Tomsk ‘ é 27 190 92,857,876 22,047,425 Enessey « ° 23 113 23,021,571 20,394,063 Irkutsk . ; 17 324 23,795,051 17,191,272 Semipalatinsk . II 190 9,255,254 5,818,675 Akmolinsk ; 15 302 6,130,293 1,119,344 Transbaikal . 5 15 79,893,000 7,989,300 Amur . 8 7 94,070,700 31,839,750 Sea-coast . . 15 17 93,025,800 59,312,385 Sachalin . ; I I 10,530,000 6,750,000 Semirechensk . 8 61 3,445,726 3,445,726 Syrdariansk » 7 179 23,050,664 17,996,350 Samarkand ° 6 31 10,567,484 7,672,001 Fergan . . 9 45 2,593,876 1,609,880 TOTAL ° 192 |2,066 644,560,833 249,780,582 Thus there are 2,066 forest estates having an average 134 FORESTS OF SIBERIA AND TURKESTAN area of 311,850 acres apiece; whilst the average acreage of the forest division exceeds 3,356,100 acres. That is, the average forest division in Siberia is greater than the total acreage of the woods in Great Britain, which amounts to 3,030,000 acres; or had that area at the commencement of the Great War. Of course all these forest divisions have not this excessive area. The average is high, owing to the enormous extent of a few in Northern Siberia, such as, ¢.g., one in the Government of Tobolsk which covers a tract of 81,000,000 acres. Of the total area of 642,600,000 acres of State forest, 297,900,000 acres or 40 per cent. have been constituted regular State Reserves, the remaining 345,600,000 acres being still subject to the elimination of areas as allotments to settlers, or for increasing the agricultural holdings of the existing population. To the 642,600,000 acres of forest under the administra- tion of the State have been recently added 118,800,000 acres of newly explored forest in parts of the Yakutsk district, and about 10,800,000 acres of forest of com- paratively small value in the Transcaspian district, giving the total area of State forests in Asiatic Russia as approximately 772,200,000 acres. These do not, however, form the sole existing forestsin the country. Next to the State, the greatest forest owner in the countryis the Crown, which possesses some 54,000,000 acres of forest land (chiefly on the Altai), whilst the Cossack population of the Amur district possess about 27,000,000 acres of forest on the left bank of the Amur. Thus those of the forests of Asiatic Russia which are more or less well known = FOUR MAIN REGIONS 135 cover the enormous area of some 853,200,000 acres ; that is, a total area greater than that occupied by either the forests of Canada (which cover 799,200,000 acres), or those of America (604,800,000 acres). The areas of State forest containing exploitable material for export purposes vary considerably in size in different parts of Asiatic Russia. It has been shown that the country is divided into four main regions, namely the Western region of Siberia, the Eastern Siberian region, the Steppe region, and Turkestan. The amounts of “rich forest soil” in each of these regions are as follows: Region. Acres, Bar I. The Western region of Siberia. . | 106,227,169 | 42°5 II. The Eastern region of ie F - | 106,091,435 | 42°4 III. The Steppe region ; . / 6,938,019 2°8 IV. Turkestan . . , ' 30,723,958 | 12°3 ToTaL : 249,980,581 | 100°0 The above table shows that the largest areas of forests are in the Western and Eastern regions of Siberia, the acreage in the two being nearly equal; that the afforested areas in the Steppe region are very small, whilst those of Turkestan are equal to about two-sevenths of the Eastern Siberian region. Before dealing with other important aspects of these forests, it will be necessary to give some general account of the peculiarities of the forest flora of the different regions. The tract from the Ural Mountains to the Ochotsky and Yellow Seas will be first. dealt with. As may be inferred from the vast area under II 4 136 FORESTS OF SIBERIA AND TURKESTAN consideration, the climatic conditions in different parts vary considerably. There are also considerable differences in the nature of the surface formation and soil. The character of the forests is, therefore, ex- tremely varied. THE SIBERIAN REGIONS The great region bordering on the Arctic Ocean and stretching from the Ural Mountains to the Bering Strait is designated the Arctic tundra (swamp). There are no real forests in this belt, but the area is covered more or less densely with bushes and dwarf forms. As is the case in the Government of Arch- angel in European Russia, patches of tall trees are found here in the far north encroaching upon the tundra. In this way small forests are to be seen even along the rivers Kolima and Anadir. In 1909 the Chukotsky expedition discovered woods in sheltered valleys at the source of the Great River (Bolshaya) and even near Cape Dezhneff. Owing to these inroads of the forest into it the southern boundary of the tundra runs in a zig-zag fashion, gradually passing into the forest zone. Next to the tundva comes the forest zone, termed taiga,‘ which stretches right across Siberia to the Pacific Ocean, and occupies the tract between the ¢wndva and the Steppe region, an area of from 1,000 to 2,300 versts broad and 7,000 versts long. This zone is very varied in character, and does not consist of uninterrupted forest. The belt is 1 Taiga—the word applies literally to the vast marshy forests of Siberia. ay a WESTERN SIBERIA 137 constantly broken by vast fens and areas of burnt- over forest where only patches of the old woods exist, the rest of the tract being covered with a scrub of raspberry bushes and other shrubs. This is often the aftermath of fire, either due to incendiarism or applied in the interests of a shifting cultivation. On its northern limits the faiga first appears as separate clumps and patches of trees on the slopes of ravines and river valleys. The fir (spruce) tribe predominate in the ¢aiga, but there are many other species of trees. This great forest zone is subdivided as follows : Western Siberia.—From the Ural Mountains to the lower reaches of the Enessey and to Lake Baikal: This area is divided into a dry zone and a swampy zone. In the dry zone the predominating species are the so-called Siberian ‘‘cedar’’ or cembran pine (Pinus cembra), a valuable tree which furnishes both timber and an edible seed; the much-prized Siberian “‘fir”’ or spruce (Picea obovata), the Siberian Pichia or silver fir (Abies sibirica), and the still more valuable Siberian larch (Larix sibirica). On sandy soils pine woods are occasionally found. In the swampy zone the character of the forest changes. The larch disappears, and the spruce predominates with an admixture of deciduous species such as the birch, aspen, and alder. The most wide-spread type of forest in Western Siberia is a mixture of common and Siberian spruces. This type is interrupted here and there by the so-called uymant, a local name for mixed deciduous and non-deciduous forest in which the spruce and cembran pine predominate. In the Government of Tobolsk this urmani type of forest 138 FORESTS OF SIBERIA AND TURKESTAN occupies vast tracts chiefly on the right bank of the Irtish river, and also on the Ob river. Generally speaking in the Government of Tobolsk the upper parts of the hills are occupied with pine, the pine being mixed on the lower slopes with spruce, larch, cembran pine, and sometimes birch, spruce and cembran pine predominating on the lowest levels. The larch is seldom found pure in this Government, as the pine takes possession of all the drier areas. Eastern Siberia.—East of the lower reaches of the Enessey and Lake Baikal: A considerable change takes place in the character of the ¢aiga in this region. The Siberian larch is replaced by the daur larch (Larix daurica). The daur birch also appears, with the fragrant poplar, and in the south in addition to such Western Siberian forms as alder, bird-cherry and mountain ash, the tamarisk and the rhododendron appear ; further east the Mongol oak, wild apple, and the walnut commence to come in. Eastward to the Amur and Sea Coast Districts and southward to the Manchurian forests: The further east and south we proceed the greater becomes the change in the character of the forests. Thedaur larch is still present, but the Siberian fir (spruce) is replaced by the Ayansk fir (Picea ajanensis), which is very wide-spread, forming thick forests in places; the ordinary birch is replaced by the Betula Ermani. The Manchurian pine (Pinus mandshurica) of great height-growth and fine quality timber appears. Pinus funebris occurs along the river Ussuri. Two silver firs are found, Abies nephrolepsis, growing in both the Amur and the Sea-coast districts; and the Abies SIBERIAN AND STEPPE REGIONS 139 holophylia, which occurs in the south Ussuri region. A yew, Taxus cuspidata, occurs in the forests of the Sea-coast district, its timber being of little value, however. As regards deciduous species, the Amur district is very rich, the forest flora of the Sea-coast district resembling in many respects the forests of Korea, and, in part at least, of Japan. Among the chief deciduous species are two oaks, Quercus mongolica, found along the middle course of the Amur and in the south of the Sea-coast district, and Quercus grosse- serrata in the Ussuri district; two species of ash— Fraxinus mandshurica, distributed almost throughout the Amur and the sea-coast districts except in the extreme north, and Fraxinus rhynchophylia, found in the southern Ussuri district; the walnut (Juglans mandshurica) occurring in.the Amur and the central and southern parts of the Sea-coast district; the Dimorphantus mandshurica, which furnishes a beautiful veneer ; and two species of lime (7a amurensis and Tilia mandshurica). Generally speaking, both in the Amur and the Sea-coast districts coniferous forests predominate in the north, covering the mountain slopes, leaving the lower ground to the deciduous species. THE STEPPE REGION The Steppe region lies to the southward of the above-described zone. In its westward part there is a marked change in the character of the forest from that of the faiga. In the south of the Government of Tobolsk, and still more so in the Semipalatinsk and 140 FORESTS OF SIBERIA AND TURKESTAN Akmolinsk districts, the ¢aiga gradually yields to the steppe vegetation, and meadows and feather grass ap- pear, occasionally penetrating far into the forest, or elsewhere completely enclosing patches of forest. In the two districts above mentioned, the forests occupy scarcely 2 per cent. of the whole area. In the forest-steppe tracts in these last two districts, how- ever, islands (kolk1) of forest of varying size, some being considerable, occur, consisting chiefly of deciduous species. Birch and aspen are the most numerous, followed by the black alder, bird-cherry, mountain ash, black and white poplar, and acacia. Birch and aspen kolki are chiefly found in the north of the Akmolinsk district adjacent to the Government of Tobolsk, whereas the pine and the juniper occur scattered throughout this Government. In the Semi- palatinsk district the Western Siberian species of pine, spruce, silver fir, and larch occur, but they are not equally distributed in all parts. Also in this part of the forest-steppe shrubs such as the sallow-thorn (Alaternus), hawthorn, raspberry, elder, white hazel, medlar, occur, and, amongst others, the dwarf almond, spireea, and several kinds of roses. The forest-steppe region extends as far as the Transbaikal district, where it gradually merges into the black-earth steppe which possesses no forest on it, being covered with feather grass and other steppe plants, interrupted by salt marshes and sands. THE TURKESTAN REGION The Turkestan deserts are situated to the south, and here the shrub known as the saksaul (Halaxylon —————————s — THE TURKESTAN REGION 141 ammodendron) forms the chief tree species. This species grows freely over the wide tract from the Caspian Sea to Lake Balcash, in spite of the bad treatment it receives from man and the constant damage done to it by cattle. There are consider- able forests on the Turkestan plateau, though here again grazing cattle do a great deal of damage, as also do fires. Many tree species are present in these forests in the Fergen, Samarkand, Sirdarya, and Semirechensk districts, the chief being the spruce (Picea schrenkiana), which forms the principal species in the Semirechensk district; the archa (a species of juniper); the walnut, maple, poplar, birch, and ash. In addition in the hill forests of Turkestan, the wild apple, almond, plum (uruk), apricot (caragach), etc., are commonly found. The Transcaspian Forests.— Finally a few words may be added on the species found in the fairly extensive but as yet scarcely explored Transcaspian forests. These forests.play an important part in the Transcaspian district, as they keep the sands from shifting—that ever-present danger in a desert region— and help to form fertile oases. They also render possi- ble cattle-breeding. A considerable proportion of the’ species growing in the forests are of the desert type, and similar to those occupying the Turkestan deserts, e.g. the saksaul, etc. In addition, the acacia occurs, here called suzem, and reaches a height of 21 feet with a dia- meter of 7 inches at the surface of the ground. About I,350,000 acres of the Transcaspian forests are situated in the hills, including those in the valleys of Murgab, Fedzhena, and along the smaller rivers in the rural 142 FORESTS OF SIBERIA AND TURKESTAN district of Karacalin. In these hill-forests the archa (juniper) appears, and is often of considerable size, 58 feet high and 2 feet 11 inches in diameter at the surface of the ground. The mountain maple, noted for the hardness of its wood, also occurs. In the Merosk and Tedzhensk districts copses of pistachio- nut trees exist. On the banks of the rivers, which overflow in the spring-time, forests of poplars and tamarisks help to keep the banks stable, and are thus of considerable importance. Having regard to the extensive area over which these Asiatic Russian forests are spread, it will be of interest now to glance briefly at the nature of the staff and present organisation and protection afforded to the areas. Up to January I, 1912, the State forests were divided, for administrative purposes, into 192 divisions (lesnitchestva) under the control of 9 Boards of Agriculture and State Lands: viz. those of Tobolsk, Tomsk, Enessey, Irkutsk, Amur, Omsk, Turkestan, Uralsk, and Turgai. According to the estimate for 1914, the staff of the local forest administration was to consist of 583 officials, namely 35 forest inspectors, 222 foresters, 68 assistants, and 258 forest guards—a staff which cannot be said to err on the liberal side, and will need a great deal of strengthening when the work of exploiting the forests is commenced on a large scale. In addition it was laid down for 1914 that another 170 officials were to be employed on the work of exploring and organising the forests. These additional DANGERS FROM FIRE 143 officials were to comprise 4 inspectors of forest organ- isation, 15 head-taxators, 45 under-taxators, and 106 surveyors. With the above quite inadequate staff, even when supplemented by two to three thousand extra guards and fire patrols, the latter being, by the way, unpaid, it is not surprising that the protection it is possible to give the forests is very inefficient, and that one of the greatest dangers to which they are subject is fire. On the subject of fire, and the appalling damage it causes in forest lands, the people are apparently quite ignorant, and wilful incendiarism is as common as used to be the case, and still is in parts, in India. The points of greatest danger, the dry areas, are exactly those in which the forests have the greatest local value, because so scarce; ¢.g. in the Steppe region and parts of Turkestan and in some districts of the Tobolsk and Tomsk Governments a scarcity of wood is already being felt by the local population. The chief causes of fires are the burning of the dry grass in the hot season in order to get up an earlier crop of new young grass for grazing purposes with the arrival of the first rains. The fires are allowed to ‘“‘ run,” that is, no effort is made to restrain them, and they spread into the neighbouring forests; the drier and more windy the weather, the greater the area of the latter consumed. Camp fires made by travellers and left alight after their departure are also a fruitful source of forest fires. Indian forest officers are well acquainted with this form of forest devastation, which was of annual occurrence throughout the afforested areas in India in olden times. A forest 144 FORESTS OF SIBERIA AND TURKESTAN staff and careful organisation in the latter country have done much to mitigate this, the greatest enemy of the forests during the hot dry periods of the year. When one finds that in these Asiatic Russian forests a single forest guard may be in charge, for protective purposes, of an area which runs from 30,000 to 250,000 acres of forest, there can be little real pro- tection from fire save on paper. It is stated that recently, just before the outbreak of the war, larger sums were being allocated for the purpose of pro- tection, and certainly in the interests of the community and the future welfare and prosperity of the country, for these forests are a very valuable, an increasingly valuable, property, expense should not be spared in ensuring their safety. As a result of the forest fires, which are said to rival those of Canada and America in size, considerable areas of country are covered with shrubs of little value or with grass and moss, the latter preventing the growth of young seedlings of fir and spruce, etc., which may germinate from seed fallen from the scattered trees standing on the area. The fires also seriously interfere with hunting, which forms an important trade in parts of Siberia. As long ago as 1774 the Government were awake to the serious nature of these fires, for in that year a law was passed forbidding ‘‘ the burning of the forests in the Siberian Government in which the sable was hunted.”” With a staff inadequate to enforce the law it practically remained a dead letter. Considerable progress has been made with the work of investigation into the resources of the large es INVESTIGATION 145 area of forest in Asiatic Russia, and more especially has this been the case in the Western Siberian region, in which we in this country are perhaps more deeply interested. A plan was drawn up by the Forest Depart- ment under which the exploration work was to be completed in the year 1928. The object of this inves- tigation work is to ascertain the distribution of the various species of tree over the different areas of forest, the approximate amounts and quality of the old mature timber standing on the ground, the pro- portion of woods of the younger ages in existence, and the amount of increment in wood being put on in the forests. For on this latter becoming known, it is possible to fix the amount of timber which can be safely cut out annually. In old primeval forests which have never been felled in, it is usual to find standing on the ground an excess of old growing stock, and it is desir- able on all counts that this excess should be cut out before it decays and thus becomes valueless. The investigations of the forest areas being undertaken by the department aim at ascertaining as nearly as possible the amount of this old growing stock standing on the ground. The organising and exploration work carried out by a portion of the trained staff may be divided into two classes. Firstly, detailed and closer investigation work in the areas containing the more valuable and accessible forests combined with an enumeration, to a certain extent, of the growing stock standing on the ground, in order to ascertain the numbers of existing mature trees ready for felling. Work of this nature has been carried out in the Western Siberian areas. Secondly, work of the nature of — 146 FORESTS OF SIBERIA AND TURKESTAN flying surveys having for its object to ascertain the nature of the forests, species and relative abundance of each, with an approximate estimation of the pro- portion of old growing stock, and so forth. This work is simpler, not so accurate or expensive to undertake, and is applied to areas which for various reasons are not at present workable. The more detailed work of investigation and enumeration in the forests enables the department to fix the varying amounts of exploitable timber, 7.e. the number of trees which can be felled yearly, and the information already compiled on this head for the great forests of Western Siberia has shown that there exists a very considerable excess of growing stock to come out. In the Forest Department Report for the year ending January I, 1912, out of the total area of 624,000,000 acres of State forests, 8,300,871 acres had been subjected to the detailed investigations, and 67,914,917 to the operations of the flying survey, giving a total of 76,215,788 acres, or about 12 per cent. of the whole forest area. But the work, with the increased estimates sanctioned, has since proceeded at a greater pace, with the result that an area of 44,055,900 acres was subjected to detailed or partial investigation in IgI2 and 1913, and 22,182,200 acres in 1914. By the beginning of 1915 the Department had organised either by detailed or partial investiga- tions an area of 143,100,000 acres, or approximately one-fourth of the total area of the State forests in Asiatic Russia. A good and most useful piece of work, SANDY WASTES 147 Other directions in which calls will undoubtedly be made upon the scientific abilities of the forest staff will be the necessity for grappling with the planting of the great sandy wastes which have resulted from the destruction of forests in the past, and which now threaten to engulf valuable agricultural lands. This problem is already receiving considerable attention in European Russia, as has been shown in a previous article. It will certainly demand skilful treatment in her Asiatic dominions. From the descriptions already given of this great area of forests, it will be realised that they form a source of immense wealth, a wealth which for the most part is as yet untapped. It has been shown that in the drier parts of this tract the percentage of forest is very small, and that in these regions, owing to the bad treatment, in former times, of such forest as there was, it is now reduced to small areas insufficient for the requirements of the population. But although this is true enough in the case of the Governments or parts of Governments concerned, e.g. the Steppe region and Turkestan, it does not apply to the bulk of the great forest areas. These, in spite of fire, in spite of the war waged against them by man either for the purpose of extending agriculture, or from thoughtlessness, ignorance, or for the mere pleasure of being wastefully extravagant—in spite of all they have suffered in the past and suffer at the present time, these forests still cover an enormous extent of country, and contain a vast amount of unexploited timber and other forestry materials. In the past the conditions which would have enabled them to be 148 FORESTS OF SIBERIA AND TURKESTAN worked or which would have justified their being exploited—to wit, favourable communications and a demand—have been absent. The forests have been for the most part untouched. For instance, according to the framed estimates in IgII, no less an amount than 1,800,750,000 cubic feet of timber were available for sale from the State forests. Of this amount 171,500,000 cubic feet only were disposed of, or some- thing under 10 per cent. In some parts as, ¢.g., in the Government of Enessey, the percentage sold was as low as 5‘I. As has been shown, the population is very sparse, and in many parts owned areas of forest sufficient for its requirements, and so had no reason or necessity for having recourse to the State forests. Of export trade until recently there was none. There appears to be little doubt that one of the chief sources of the wealth of Asiatic Russia will be found in its forests, and will be reflected in its export trade. Already such a trade has developed, and these forests are taking a place in the international timber markets of the world. Up to the outbreak of the Great War, Russia's chief competitors in the timber markets were Austria-Hungary, Sweden, and Norway, and the United States and Canada. Already, however, Russia was looking to taking a bigger place in the competition with her rivals, and so far as Great Britain was con- cerned, she out-distanced them all, since we took about 35 per cent. of our total imports from Russia. To maintain the position in the markets she has already acquired, and the greater one she must inevitably take in the future as the exports from her rivals diminish ee DIFFICULTIES. OF TRANSIT 149 with the cutting-out of accessible stocks, Russia will have to draw upon her vast Siberian forests. When all is said that can be said on the subject of past destruction and so forth, they remain, if not inexhaust- ible, at any rate of so vast a size that with proper management they should prove an extremely valuable asset and serve Russia’s purpose for many years to come. The fact that facilities for the export of timber from these areas are bad or totally wanting has been already alluded to. A certain amount of wood from the Tomsk and Tobolsk Governments has been exported within the last few years via Archangel and Petrograd, but the material requires to be first class to pay for the long transit. The following illustration on the subject of export difficulties places the present position in this respect in a nutshell : The export of wood by the rivers Ob and Enessey, i.e. by water carriage, would enormously facilitate and promote the timber trade in the Governments of Tobolsk, Tomsk, and Enessey. Some ten or twelve years ago an attempt was made by a private agency to export timber from the Enessey district to London, but it ended in failure, although a considerable portion of the timber did reach Galchika, a village at the mouth of the Enessey river. Thelate General Makaroff undertook to place the timber on the steamer for shipment to England, but his attempt was thwarted, as ice prevented the ship from entering the mouth of theriver. A few yearslater a flotilla of ships, equipped by the Ministry of Ways and Communications, suc- ceeded in entering the Enessey,' but were unable to 150 FORESTS OF SIBERIA AND TURKESTAN return the same year and had to winter there. The steamer on which the famous traveller, Fritiof Nansen, arrived in Siberia in 1913 also succeeded in entering the Enessey river. Thus it has been proved that it is possible for ships from the west to enter the Enessey river. But this is not sufficient. The timber markets of Western Europe would require the organisation of a regular service of timber steamers plying during the open season. Only with such a service would it be possible to undertake fellings on a large scale and the conversion of the material in saw-mills ready for transport to the western markets. As sawn or other- wise prepared timber cannot be kept lying up in- definitely without risk of spoiling, in the absence of guaranteed export facilities merchants have not in the past been ready to risk their capital in this business. The war has considerably altered the position, how- ever, and there is little doubt that these rich Siberian forests will be able to furnish very considerable sup- plies of the timbers which, at the close of the war, will be so largely in demand. Owing to the absence of waterways and railways, the timber export trade from the forests of Turkestan is as yet wholly undeveloped. Until comparatively recently, walnut, on account of the beautiful patterned veneer the burrs yielded, was exported in considerable amounts from Turkestan to Western Europe. The demand for the veneer has, however, fallen off of late years, and the considerable profits of yore have dwindled. Vast and valuable forests are to be found in the Irkutsk Government and the Transbaikal and Yakutsk districts, but owing to the absence of con- THE FAR EAST 181 venient waterways no exports of timber have yet been made from this centre. As regards the forests in the Far East, the export problem is far less complex. The Amur and other rivers flow through the country into the Pacific, thus affording cheap communication by waterway. Owing to this fortunate position, a great and increasing export trade in timber from the Pacific ports has developed. According to statistics issued by the Vladivostok bureau, the timber exports from Vladi- vostok in 1910 amounted to 6,446 tons, increasing to 15,310 tons in the following year. The more valuable kinds of timber exported go to Western Europe, chiefly to Great Britain, whilst the inferior kinds are taken by Japan and China. In the same year about 110,000 cubic feet of cembran pine and spruce wood were exported from Ferney Bay to Australia, and from the Gulf of St. Olga 374,000 cubic feet of mine props. In the same year exports were started from Pasietta, about 100,000 cubic feet being sent away. With this extensive and rich area of forests at their back, a very considerable and valuable export timber trade is likely to develop, and we should make it our business in this country to become thoroughly acquainted with it, and ascertain exactly what classes of timber and what amounts it will pay us to secure from this region to supplement supplies obtained from Russia in Europe, Finland, and Western Siberia. China will not interfere with the supply of our demands. China is a large con- sumer of timber, and Russia in this quarter have their eyes upon the Chinese trade. Mr. Wilks investigated 12 152 FORESTS OF SIBERIA AND TURKESTAN the Chinese timber market in Ig11, and his figures showed that about 16,000,000 roubles’ worth of timber, in the raw state and converted, was imported into China, the greater part being supplied by Japan and the United States. With better organisation, how- ever, it should not be difficult for the Amur region to compete with the above-mentioned countries, more especially as the Chinese market is not particular about the quality of its timber, cheapness being the first desideratum in the eyes of the Celestial. Second- or third-class timber, and even the material obtained from the crowns of the trees, the “‘ tops ”’ of the forester, is said to be good enough for this facile market. Cer- tainly no more convenient market could exist, since it should enable the forest officer to clear his forests of all inferior material, and get paid for doing so into the bargain—a most enviable position. Apparently the greatest difficulty to be faced in organising the Amur timber trade is the labour one. The State, for various reasons, has set limits to the employment of Chinese labour, and owing to the sparse population it is extremely difficult to obtain Russian labourers locally. The heavy expense con- nected with importing labour from great distances makes a large hole in the profits from the timber business. It is anticipated that this difficulty will disappear, as, owing to the rich nature of the Amur district, the population is likely to increase rapidly. The revenue obtained from the State forests of Asiatic Russia is as yet insignificant when compared with their unquestioned value. As we have shown, the forests have been scarcely touched as yet. PROFITS 153 The total profit for the three years IgI0-IgI2 was as follows: Year. Roubles. IgIo ; : ; ‘ . 4,234,000 IgII , ; ; ‘ . 4,079,000 Igi2 : : : : - 4,259,000 The profit from the forests varies in different dis- tricts, as would be expected, since in areas like parts of the Steppe region we have seen that wood is of comparatively high value. For instance, in I9gI2 in the Akmolin district the better-class forest soil gave a return of 33 kopeks per acre, whereas in the Tobolsk Government it was just under 2 kopeks per acre, and in Tomsk about 24 kopeks. In other forest divisions in the Tobolsk Government where exploitation is easier, the profit is higher, amounting to 554 kopeks per acre of good forest soil. Such profits, however, from fine forests containing large amounts of over-ripe timber, strongly emphasise the backwardness of the areas in communications and export facilities. With the extraordinary en- hancement of timber prices which the war has brought about, and which its termination will not see lowered unless very careful steps are taken, there should be a considerable future before these valuable forests of Asiatic Russia, especially in Western Siberia and in the favoured Amur region. XI THE CEDAR (CEMBRAN PINE) TRADE OF ASIATIC RUSSIA WHEN considering the Siberian forests from the stand- point of their trade value and as a source of income to the Government, it will be necessary to glance briefly at the important “‘ Cedar”’ trade as it is called, i.e. the collection and sale of the seed of the cembran pine (Pinus cembra). The trade is a local one, but contributes greatly to the welfare of the local popu- lation, as the seed is widely eaten throughout the Russian empire. The pine is widespread throughout Asiatic Russia, the Pinus cembra being the commonest species; on the Altai and Sachalin, however, the P. cembra var. pumilla occurs. Both trees produce the edible seed so well known and valued in the Russian market. The trade in this commodity is chiefly carried out in the Governments of Tobolsk, Tomsk, and Enessey, and especially on the Altai, where there are still beautiful and as yet untouched pine forests and groves. In other parts of Siberia the cembran pine forests have suffered as badly from fire and the axe as has been the case with the other species—spruces, firs, larch and so forth. The gathering of the seed of the cembran pine, or 154 PRIMITIVE METHODS : 155 “ the cedar harvest’ as it is called, commences about _ the middle of August. At this period the local popu- lation and the ‘“‘ cedar’’ merchants proceed together to the cembran pine woods and groves to collect the seed. The method of collection, as also the tools used, is most barbarous and would appear to inflict the maximum amount of damage to the trees from which this source of profit is derived, and whose preservation, it would be thought, should be the first object of the harvesters. This is a common characteristic of the Asiatic races. In North Baluchis- tan and in Southern Afghanistan a pine known as Pinus Gerrardiana, the chilgoza or silver-barked pine, occurs in small forests clothing the steep mountain sides and crests. The seed from the cone of this pine is collected for sale, and is widely eaten throughout the Punjab. The methods in force in collecting it, as will be shown, have a curious parallel with those used in harvesting the cembran pine seed in Asiatic Russia. The tools used in Siberia are extremely primitive, consisting of axes, sieves, bark ladles, graters for the cones, mallets, poles, bags, etc. The gathering of the cones is effected by climbers—men and boys who climb up into the trees and knock or pull the ripe cones off the branches. As these branches also contain the young cones of next year’s crop, the primitive methods of harvesting usually result in a number of these being-knocked off in addition to the ripe ones, thus diminishing the harvest of the following year. This method of collection usually results in numbers of branches being broken off the trees, their future bearing capacity being permanently reduced. 156 THE CEDAR TRADE OF ASIATIC RUSSIA But worse damage than this, serious as it is, takes place. ‘“‘ Rather often,” asit is expressed by a Russian writer on the subject, ‘‘ wholly inadmissible and barbarous methods are employed, whole trees being cut down or large branches cut off.” The folly of thus “‘ killing the goose’’ must seem incredible to those who have no acquaintance with the peculiar point of view of the wilder and ignorant portions of the Asiatic peoples. The cones are collected and placed in bags by old men, women and children, and are carried to the camp where the cedar merchants have made their temporary headquarters, or taken direct to the village. The extraction of the seeds from the cones is now undertaken. For this purpose the cones may be simply dried, when the scales open and the seeds fall out, or the latter are extracted by means of a grater and a roller. The seeds are then sifted by being passed through a coarse sieve and winnowed in the wind. The seed, if these processes have been carried out by the collectors themselves, is then disposed of to the buyers—the cedar merchants—who themselves undertake the further operations of cleaning and drying it. The drying is done throughout the autumn, and the seed is then stored. The mer- chants usually build and own barns and store-houses in which to store the dried seed as conveniently adjacent to the pine forests and groves as possible. On the Altai there is a large centre of this nature in the Bezelbeke meadow not far from the confluence of the Hara and Sasacockshee. In the following January the seed is taken from the store-houses and dispatched by the buyers to the various markets. DESTRUCTIVE PRACTICES 157 It will be of interest to contrast the above method of collecting and dealing with the seed with that in force in the wild border land of North Baluchistan, Afghanistan, and the frontier to the west. The seed is collected by the tribesmen of these parts, who regard it as a right, and in fact consider the forests to be their own property. They fully recognise the value of refraining from felling the trees, except when absolutely required to obtain timber for building purposes, etc., but their regard for the trees goes, no farther. The forest has an extremely ragged appear- ance, and this is in part due to the methods of collec- tion, this work being carried out in the summer time. To obtain the seed, men climb the trees, and by means of long poles to the end of which a hook is affixed, they wrench from the boughs the seed-bearing cones. The wrench invariably breaks a portion of the branch, with the result that a tree from which the cones have been recently stripped bleeds from numerous places, and is in a condition most sus- ceptible to attack by insect and fungus pests. The attention of a Political Officer of these regions was drawn to the fact that, owing to the greed of the tribesmen, in addition to the injury done to the trees scarcely a cone was left upon them to produce seed for the natural regeneration of the forests, 1.¢. the production of a new crop of trees. This must be an equally vital point in the parts of the Western Asiatic forests which are subject to the collection of the seed of the cembran pine. In the case of the chilgoza pine the cones after collection are gathered together in heaps, and the heaps fired whilst 158 THE CEDAR TRADE OF ASIATIC RUSSIA the cones are still green. The heat forces open the cone scales, and the seed is then picked out. This is the common procedure adopted, and when marching through these forests in the autumn, heaps and mounds of empty cones collected in the centre of some small glade are often met with. At the request of the Political Officer, a note was pre- pared laying down some simple rules for the improved collection of the cone harvest in the interests of the preservation of the trees themselves. We had a solemn jirgah in the forest one day. The heads of the local villages and so forth attended and received the explanations of the proposed future procedure with no great enthusiasm, but with promises to see that it was carried out. They are childishly difficult, not to say dangerously difficult, people to deal with in these parts, and as they burnt down the Political Officer’s summer head-quarters rest-house, situated in these forests, the following year, it is to be feared that the rules for the collection of chilgoza cones have not yet been introduced very effectively. To return to the cembran pine of Asiatic Russia. The yearly collection of seed is said to amount to several tens of thousands of poods (1 pood equals ‘32 cwt.), the average wage of each workman being from six to nineteen roubles a season; or when the work is undertaken by the Labourers’ Association (artel) each member of the Association who takes up the work makes from thirty to forty roubles during the season. As a popular dainty the cembran pine seed is much appreciated both throughout Siberia and European THE CEMBRAN PINE 159 Russia. The seeds also yield the “cedar” oil. To obtain it the kernels are extracted from the seed, the husk being stripped off, and ground into a powder. The powder is put into pots covered with water, and placed in slightly heated stoves. The oil from the seed rises to the surface and is poured off into vessels ready for use. It has been necessary to glance briefly at this trade in the seed of the cembran pine since it naturally affects the exploitation of the forests of this species as also the felling arrangements in mixed forests containing this pine in any abundance. A tree which has a value other than for its timber alone owing to the fact that it produces a minor product of marketable value in addition to the major one—timber—must necessarily be subject to a different form of treatment. to that applicable to the purely timber-yielding species. And this fact has to be borne in mind when considering the exploitation of the Pinus cembra woods of Siberia and their possibilities as regards supplying material to the timber markets of Europe. PART III TIMBER SUPPLIES AND THE WAR XII TIMBER SUPPLIES AND THE WAR! IMPORTS IN I9I3 For a considerable number of years past the possi- bility of the occurrence of a wood famine has been discussed—a famine, that is, unprecedented in the history of the world. Many have scouted the idea of such a proposition as a fantastic chimera, pointing to the vast forest resources still existing on the surface of the globe. Others, with a more intimate knowledge, perhaps, of the real position of affairs, have persis- tently sounded the note of alarm. They have drawn attention to the enormously increased démand for forest produce of all kinds which the past half-century has witnessed; to the great destruction of forests which has taken place in the opening out of the coun- tries of the New World during the same period; to the wasteful and extravagant utilisation of these 1 This article was written in September 1914, and published in The Nineteenth Century and Afiey in February 1915. 160 a DISADVANTAGES AT HOME 161 resources largely through fire by an ignorant popula- tion allowed to pursue its own way by an apathetic Government ; and, finally, to the fact that the markets of the world have for some time been supplied with large quantities of material at a low and more or less fictitious price—material that was easily accessible, which paid, for the most part, a very small royalty or none at all—material, in other words, which had cost man nothing to produce and therefore could undersell in every country a similar article which had been grown by man himself. True, in this country we had our own special troubles. A better class of material than we had produced in the past in our own woods on soil and in a climate at least as favourable as that from which the imported articles came, easily ousted the home-grown produce, the position being aggravated by the high railway freight rates in force in these islands. Amongst European States, of course, the importance of the forest received recognition several centuries ago, as soon, in fact, as the pressure and needs of the growing population came to be felt upon the forest lands.. These were only saved by closure and the enactment of forest laws protecting both State and privately owned woods. With the increase in popu- lation came the timber market, the enhanced value of forest products, and the raising of new crops to take the place of those felled over for sale. But this recognition of the value of forests was confined to Europe or the more densely populated parts of it. Elsewhere wasteful utilisation held sway. Gradually, however, expert opinion in this matter during the 162 TIMBER SUPPLIES AND THE WAR latter part of last century came to receive a certain meed of attention from the Governments of the States of the world. One of the more recent and notable recognitions took place in America under the Roosevelt régime. That great and far-seeing statesman studied the question, became convinced of its importance, and set himself to put a stop to what may be said to have been one of the most notorious instances of wasteful utilisation of forest material in any country. Roose- velt took up the question in his own vigorous fashion, preached the conservation of the natural resources of his own country, helped to create a Bureau of Forestry, and by all the means in his power encouraged a forestry opinion and a forestry knowledge amongst the people. The crusade resulted in the creation of large forest reserves, in large plantings, and the enlistment of the great lumber interests in checking forest fires, which were imperilling the future material prosperity of the nation, and in replanting areas they had felled over. The energetic action of America in the direction of forestry caught first the imagination and then the attention of the world. Outside Europe, India, long years before, had recognised the importance of con- serving her vast forest area, and under that able administrator, Lord Dalhousie, a permanent policy for forest administration was laid down in 1855; a work which, subsequent to the Mutiny, with its imme- diate after-result of rapid railway building, was to be greatly accelerated by the formation of an Imperial Forest Department. But India does not advertise. The officials carry on their work in an almost total CONSERVATION. OF FOREST RESOURCES 163 obscurity so far as the outer world is concerned, and it was many years before the existence of the fine Indian department was to win recognition throughout the world, or even within the British Isles. Many British Colonies—notably the Cape and Canada—soon followed the Indian and American lead, in many instances borrowing men from India to start their forestry work or advise in the'matter. At the present day most of the British Dominions, Colonies and Protectorates have a forestry department in being or are laying the foundations of one. In other words, the conservation of their natural forest resources in the interests of their present and future populations has become a recognised branch of the administration of all States, although in many cases much remains to be done before such administration can be con- sidered efficient. Turning now to our own country, the British Isles may be said to be the last to enter the arena of forest production and conservancy. Not that forestry as a science and a source of revenue had not been pursued for a long period in this country. It had! But the position has been far different from that existing on the Continent of Europe. These islands started, as did many other now densely populated parts of the world, with primeval woods covering the greater part of them. These, with an increasing population, were mostly wantonly wasted by fire and axe, considerable areas formerly covered with pine remaining bare at the present day, witness the Scottish Highlands. The areas still under wood—such as, e.g., the New Forest in Hampshire and the Forest of Dean in Gloucester- 164 TIMBER SUPPLIES AND THE WAR shire—owe their preservation to the fact that they were maintained as Royal shooting forests in the olden days. But forestry, in areas of privately owned woods, was understood in England and dates back a long way. In 1543 a Statute of Woods was enacted. Under this it was decreed that all woods should be enclosed for four, six, or seven years after each cutting over of the coppice for different rotations, and that at least twelve standards per acre should be reserved or left on the area to grow into timber of a certain girth or age. These standards were to be oak, if possible, or elm, ash, aspen, or beech, these being the timbers most in demand, whilst the coppice consisted of chestnut, hazel, ash, oak, willow, birch, etc. The object of this and subsequent enactments was to ensure the maintenance of a supply of suitable timber of the requisite size for shipbuilding, both for the Navy and the merchant-vessel classes. The success which attended Evelyn’s planting campaign in the reign of Charles II has been commented upon. This practice of forestry, which came to be known as British forestry, remained in force for a long period, and supplied the country with the bulk of its timber requirements in the direction of home-grown materials. It was successful as long as, and only as long as, it had its home market. The introduction of the steel vessel, the abolition of the import duties on Colonial timber in 1846, and for all other foreign timber in 1866, sounded the death-knell of British forestry methods as at the time practised. And not only this. These methods unfortunately came to be positively injurious. The requirements of the old shipbuilding Pag & F RESULTS OF IGNORANCE 165 trade necessitated the production of large branches, crooks, and curved timber on the trees. In order to produce these it was essential that each tree should be given a great deal of growing space, the result being loss of height-growth, short bole, and large branches. As soon as these latter no longer found a market for which they were grown, forestry operations resulted in a loss, the only saleable part of the tree being the bole, of greatly curtailed length. This was bad enough, but worse was to follow. Plantations were formed of other species, especially conifers, to which the old principles and methods of thinning were applied, or something having a close resemblance to these old methods. Consequently the new woods were systematically over-thinned, the trees branched low, the bole was stunted and full of knots, the volume of timber realised per acre was much below what it should have been—all witness to the impracticability of applying a perfectly correct sylvicultural system for one class of material to the production of a different one. The results of the past half to three-quarters of a century have not been due so much to a decadence of British forestry as to an unfortunate want of know- ledge of the methods to be employed to produce the classes of material imported in large quantities from the Continent, classes which have easily and success- fully competed with the home-grown article. A golden opportunity would now seem to have arrived to rectify matters. With this brief summary we will now turn to a survey of the present production of forestry materials (timber, pit props, and wood pulp, and so on) and 166 TIMBER SUPPLIES AND THE WAR their imports into this country from various parts of the world. It will then be possible to consider the position, so far as forest imports are concerned, in which the sudden incidence of a general European War has placed us. It will be pointed out how, whilst helping to the utmost extent of our resources the mine- owner, builder, and other trades employing wood, an — admirable opportunity has arrived for clearing off a number of wrongly formed and badly grown planta- tions and of starting afresh. A study of the imports for 1913, which will be now proceeded with, will sufficiently support this contention. The United Kingdom buys nearly half the timber exported from all countries, and the prices ruling in British markets affect the world! With a war of the present magnitude on our hands this state of affairs appears worthy of some consideration. An investigation of the Board of Trade Returns for 1913 shows that the value of wood and timber and manu- factures thereof imported into this country amounted for that year to £37,300,000, as against {25,600,000 in 1909. For the same years the value of imported wood pulp, including millboard and wood-pulp board, was £5,425,000, as against £4,135,000. The rise in each case over a period of four years only is note- worthy. The chief exporting countries in Europe are Russia, Sweden, Norway, Germany, France, and Austria-Hungary, the three first being the most import- ant. Outside Europe the United States of America and Canada send us large amounts of wood material. OUR IMPORTS 167 The chief supplies of fir (coniferous wood—hewn, sawn, and planed—other than pitwood) come from Russia, Sweden, Norway, Germany, United States, and Canada, the total values of the imports from these countries for 1913 being {16,000,000 from Europe and {6,500,000 from the United States and Canada. The Russian imports were £10,330,000, as against a total of £5,700,000 from Sweden, Norway, and Ger- many, the totals from the United States and Canada being £3,383,000 and £3,150,000 respectively. Russia again is the chief pit prop and pitwood supplier, £2,400,000 worth of this essential com- modity for the mines of the country being imported in I9I3 (as against £1,400,000 in 1909, an increase of _ a million!). The next important supplies came from France, £830,000; Sweden, £560,000; Portugal, £280,000; and Norway, £200,000; Germany, Spain, and other foreign countries sending together £154,000. No pitwood came from British possessions during 1913. The importance of the position revealed by these figures can scarcely be exaggerated. Wood pulp, of which a shortage has probably already made itself felt, to judge from the dwindling in size as also in quality of the paper in use by many of the daily papers and the weekly and monthly periodicals, is shown in the Board of Trade 1913 Returns under five heads: Chemical dry, bleached and unbleached ; chemical wet; mechanical dry and wet. Of the first named, Norway is the largest importer into this country (£136,000 in 1913), with £23,000 from Sweden. The largest amounts of unbleached came from Sweden (£1,945,000), Norway (£377,000), Russia (£329,000), T3 168 TIMBER SUPPLIES AND THE WAR and Germany (£322,000). Chemical wet came chiefly from Sweden (£37,000), mechanical dry from Russia (£22,000), and mechanical wet from Norway (£701,000), Sweden (£281,000), Canada (£156,000), and New- foundland (£123,000). The greatest quantities of oak in I9I3 were im- ported from the United States (£1,134,000), Russia (£186,000), Germany and Austria-Hungary (£273,000), and Canada (£85,000). The chief amounts of teak came from India (£752,000), Siam (£119,000), and Java (£40,000). The mahogany came from French West Africa (£344,000), Southern Nigeria (£226,000), Gold Coast (£198,000), British Honduras (£135,000), United States (£115,000), Cuba (£72,000), and German West Africa (£52,000). Thelargest amount of furniture and cabinet ware came from France (£106,000) and the United States (£104,000), with {60,000 from Germany and {58,000 from Belgium. House-frame fittings and joiners’ work came from Sweden (£71,000) and the United States (£40,000). Wood ware and wood turnery from the United States (£1,392,000), Russia ({£806,000), Germany (£364,000), Sweden (£85,000), France (£70,000), and Canada (£53,000). The chief imports of staves were sent from Russia (£481,000), United States (£266,000), Sweden (£120,000), Germany (£64,000), Norway (£46,000). Chip boxes to the value of £38,000 were imported from Sweden, and half a million pounds’ worth of matches from Russia (£21,000), Sweden (£292,000), Norway (£38,000), Netherlands (£22,000), and Belgium (£134,000). Cork to the tune of £895,000 was imported from Portugal and Spain. ~ ee , — CLASSIFICATION OF TIMBERS 169 Turning now to the classification of timbers. In commerce timbers are classified into two chief groups : softwoods and hardwoods—a purely arbitrary classi- fication. The former are practically all conifers, pines (red and yellow deal), spruces, and firs (white deal), and the larches. The timber of these species is com- paratively light, strong, and easy to work, and is extensively used by all trades, and generally for building purposes. Coniferous timber is imported as _ logs, deals (thick planks), and boards. It is logged and sawn up from selected well-grown clean stems, free as possible from knots. Pit-props are cut from thinnings in middle-aged woods, from the tops of older trees which have been logged, and from stunted growth which will yield material of the requisite size. Wood pulp is preferably made from trees of 4-inch to 8-inch diameter, and is largely used, of course, for the manufacture of the cheaper classes of paper. With the exception of oak and a few other species, the imported hardwoods do not grow in these islands. Even in the case of oak the foreign timber of this species is preferred to the indigenous, as it is less hard and easier to work. The foreign imported hardwoods are used for veneering, panelling, flooring, furniture, and wood turnery, etc. They are usually heavy woods and difficult to work, and consequently more costly. The imports of wood and timber receivedearto this country may be divided according to the Board of Trade Returns into six divisions as follows, taking hewn (i.e. logs) and sawn, planed, and dressed coni- ferous material as one division : 170 TIMBER SUPPLIES AND THE WAR Division. Classification. Value. I Conifers (firs in Board of Trade Returns)— Logs, sawn or split, planed or dressed . | 22,800,000 2 Conifers—Pit props and re ‘ - | 4,400,000 3 Conifers—Wood pulp ; : - | 5,425,000 4 Hardwoods—Oak logs. 1,700,000 5 Wood manufactures—House frames, furni- ture, joiner’s work, staves, turnery 4,600,000 6 Hardwoods—Teak, mahogany, veneers, and other foreign furniture wood . 3,800,000 TOTAL . ‘ ; ‘ ‘ - | 42,725,000 An analysis of the above six divisions of the imports of wood and timber into this country brings into prominence several important and interesting features. The first four, involving a sum of £34,325,000, comprise materials obtained from coniferous species and oak, all of which can be grown in this country. For the manufactured articles in division five both conifers and hardwoods are employed, the sixth division being confined to purely foreign exotic timbers. A second point is the steady rise in the imports under all the divisions during the past four years, the increase for I9I3 over 1909 being nearly £12,000,000. From the above rough classification it can be seen that the pinch is likely to be early felt in the imports of pitwood, wood pulp, and building timbers. It will be useful, therefore, to tabulate the amounts of materials in our divisions coming from the various countries. These latter may be divided into three distinct categories of States: (I.) European; (II.) Non-European States and Foreign Colonies; (III.) British Possessions, including Protectorates. Ee TABLE OF VALUES 171 VALUES IN STERLING OF IMPORTS UNDER THE DIFFERENT DIVISIONS Div. 1 DIv. 2 DIv. 3 DIv. 4 Div. § Div, 6 ; Wood aes Conifers: | Conifers: Conifers:| Hard< | Manufac- F Logs, | Pit PTOPS| “Wood | woods: | tures: — Sawn, split, and pulp | Oak Logs s Hard- planed. | Pitwood ture, &c. woods. I. Imporis from Europe. £ £ £ Russia FS « |10,416,000| 2,415,000] 5§41,000| 186,000} 1,299,000] 117,000 Sweden + | 3,920,000] 560,000 | 2,492,000 —_ 317,000 —_ Norway . - | 3,143,000! 200,000] 1,261,000 -- 6,000 _ ae ° 680,000 53,000| 460,000} 134,000} 509,000 37,000 Netherlands ° 45,000 — 13,000 — 61,000 10,000 Belgium . . — — —_ ae 77,000 _ France ‘ ° 55,000! 830,000 6,000 oe 187,000 55,000 Portugal . s —_ 278,000 15,000 _ —_ —_ Spain ® “ — 91,000 — = 31,000 — Austria-Hungary 5,000 — oo 139,000 57,000 — II. Non-European States and Foreign Colonies, German West Africa . ’ a ae — — — 52,000 Java and Dutch Possessions . — a — — — 52,000 French West Africa) _ _ —- a 344,000 Siam . . A —_ — -— oa — 119,000 Japan ° é — _ _ 57,000 II,000 — United States . | 3,383,000 _— 29,000 | I,134,000| 1,802,000 | 1,019,000 oo . . . — oo a. ee — 89,000 Nicaragua . Ps — -- fa _ _ 22,000 Mexico . 3 -- — soe os —- 9,000 Hayti and San Domingo - — _- _ — oo 23,000 III. British Possessions (including Protectorates). Gold Coast ‘ => coe — —_ —- 198,000 Southern Nigeria — — — -—— —~ 226,000 F _ _ —_ _ 7,000} 752,000 lon é nine nasi a _ a 14,000 British North ‘ sade fille pare — _ 11,000 Australia (including Tasmania) ‘ _ —_ — _ _ 243,000 New Zealand ’ 11,000 -— — — — — > + | 3,150,000 -~ 265,000 85,000 71,000 94,000 3 2,000 — 123,000 _ _ _ British W. India é 4 — —_— -- _— nt 16,000 tish Honduras _ _ _ oy — 135,000 British Guiana _ — — — — 55,000 TOTALS + | 22,800,000 | 4,427,000| 5,205,000] 1,735,000| 4,515,000] 3,692,000 N.B.—The slight differences shown here from the lump sums quoted above are due to small additional entries in Board of Trade Returns under “ From Other Countries’ unspecified ed, 172 TIMBER SUPPLIES AND THE WAR Columns 2, 3, and 4 of this form are perhaps of greatest interest at the present juncture, since some important industries are dependent on the materials they deal with being available. Column 1 includes the bulk of the timber in general use by the building and other trades employing wood. Approximately one-half of the imports of 1913 are probably closed for the present. In column 2 about three-fourths of the pitwood imported came from Russia and France. © Supplies from these countries are unlikely to be available for some months to come, probably at the earliest well over a year, since no fresh fellings are likely to be carried out till the men return from the Colours.! About three-fifths of the wood pulp (column 3) comes from Sweden and Norway. Whether this material can be delivered must depend on North Sea naval problems. The United States, Canada, and Newfoundland should, in course of time, be able to help us here. To the United States and Canada we shall have to look for our supplies of oak, unless the trade will be content to use the harder but finer quality oak of theseislands. As regards the £4,500,000 of wood manufactures, the present will be an excellent opportunity to ascertain how many of these articles we can produce in this country. In the foreign hard- woods only one-sixteenth comes from Europe. The command of the sea throughout the world should, therefore, enable supplies of these commodities, of 1 Since this was written the Board of Trade Returns for Sep- tember 1914 show that 240,000 tons of pitwood were imported that month as against 600,000, the normal amount for the month, The greater part came from France, ee AREA UNDER PLANTATIONS 173 which probably teak is the most important, to continue to arrive in our ports; provided always ships are available to carry them. The match producers in this country will not be sorry to secure the half million of money paid for imports of this article to these shores. Sweden, Norway, and the Netherlands could, how- ever, ‘maintain or increase their supply with a safe North Sea passage maintained for them.' The area under woodlands and plantations in these islands is roughly about 3,030,000 acres, as follows: England, 1,666,000; Scotland, 879,000; Ireland, 303,000; Wales, 182,000. With the favourable con- ditions of soil and climate of this country these three million odd acres should give an average annual growth or increment of 60-70 cubic feet of timber per acre, instead of about 10 cubic feet, which is, roughly, the actual present average production per acre. Fifty cubic feet is the estimated average annual growth in Germany. As has been said above, the United King- dom buys nearly half of the timber exported from all countries, and the prices ruling in British markets affect the world. It has been shown that at least one-half of the 1913 imports of conifer logs and sawn and planed coniferous timber are at present closed to these islands, and to all appearances are likely to remain so for a considerable period of time. Also about three-fourths of the pitwood imports (coming from Russia and France) are lost to us. The supply, 1 This article was written in September 1914. It is perhaps of some interest when the position of affairs a year and a half later is taken into account, 174 TIMBER SUPPLIES AND THE WAR so far as is possible, of these two classes of wood during the next few months, until more distant countries can come to our help, is the problem before us. That efforts will be made by countries farther afield to take advantage of this decrease in imports in the British market has already been evidenced by the offer of the Government of Newfoundland. It has already in- timated its desire and intention to supply the pit- wood market. For this purpose there are, it is under- stood, considerable areas of scrub and stunted material in the Colony on tracts formerly over-run by fires, which it is expected will be able to furnish considerable supplies of pitwood of the smaller sizes. America and Canada, who already send us well over a fourth of the imports of coniferous logs and sawn and planed timber, may increase this amount. This may, how- ever, take time. The supply of imported oak timber will also be practically confined to the United States and Canada. It would appear, therefore, that in these three directions there is a great opportunity for home-grown material, material which, owing to a variety of causes, chiefly perhaps the rough knotty nature of the wood grown and the heavy railway freight rates, has not up to now been able to compete in the open market with imported material of the same species and class, but of better quality. For the figures of imports already tabulated emphatically prove that colliery-owners and others are no longer in a position allowing them to pick and choose. True, owing to our contracted exports to the countries engaged in war less wood materials may be required in these islands. But our imports are so vast, and the home NEEDS AND OPPORTUNITIES 175 supplies available so comparatively small, that there is no need to worry on that score. The important point is to get rid of our own inferior material, whilst at the same time giving a much desired support to the market, before more distant fields step in and once again cut out the home-grown. Incidentally the cause of scientific forestry in this country has all to gain by such action. How is this unique opportunity to be. taken full advantage of ? It has been shown that all the imported conifers of divisions I and 2 can be grown in this country. The chief are Scots pine, spruce, larch, and fir. The first two are the pit-prop woods (In France and South Europe the Maritime pine is used.) Considerable tracts of Scots pine exist in this country. Of spruce, the available supply is, unfortunately, very small owing to the extraordinary neglect which this species has received at the hands of planters up to compara- tively recent years. Larch for colliery purposes is only used in the main galleries owing to its greater cost. We have little fir growing, save as ornamental trees in policies and parks, and soon. With a heavy demand and restricted supply, however, we can reckon on colliery proprietors being prepared to take anything which will serve as a pit prop, provided it has fair straightness, the necessary strength, and is of the requisite size. There are plenty of scrub areas of oak and other species in the country, in parts of Scotland especially, grown up from the old oak coppice, which will furnish material of pitwood size. Such areas before the war were worthless, and in many cases would not, or scarcely, cover the cost of felling 176 TIMBER SUPPLIES AND THE WAR and replanting. Their opportunity has now arrived. It should prove possible to fell all accessible areas of this nature at a profit, provided the operation is undertaken in the near future and before other more distant supplies are placed upon the market.' Thus, broadly speaking, it may be said that almost any area which is fairly accessible and has on it a crop of size and sufficient durability to produce pit props has at the present a market before it. Areas of older trees can supply logs and sawn and planed timber in addition to pitwood. Other hardwoods which will now be taken are chestnut, beech, birch, sycamore, elm, and alder. It is possible to differentiate between the different classes of woods which may be utilised in this manner in the service of the nation, and to the advantage of the proprietor. Taking first the Scots pine woods of Scotland. There are unfortunately considerable tracts of both middle- aged and old woods which were very badly blown out in the great gales of November 1911 and April 1912. Other areas of middle-age and under have been badly opened out by snow-break and wind. Others, again, planted in unsuitable localities, have never fulfilled the anticipations formed for them, and already before middle age it is seen that they will require a very long rotation to produce timber of sleeper size. The oppor- tunity for all these classes of woods is to hand, and there should be every prospect, if they are dealt with 1 It has already been shown in Article I, p. 8, that such areas are being felled in Perthshire (and elsewhere), the material being delivered on the Highland Railway at 18s. per ton, Vide Pl. 8. These props are being sent to Newcastle.—E. P. S. May 1916. Seritiadns Latmen anaceieciedt iene ’ 5 ‘Phe Oe Pe CLASSES OF WOODS 177 at once, of a profit being obtained from their sale and clearance. The second class of woods for consideration are those from about thirty-five to fifty years old Scots pine, Scots pine and spruce, or with a few additional larch in mixture. These may have been grown to produce pit props, as in the instances at Raith (on a forty-year rotation) in Fife, or the original idea may have been to grow them on a longer rotation for large timber. It will be for consideration now whether it will be more profitable, and to the greater interests of the nation, to clear fell these areas and convert the material into pitwood. It is unnecessary to consider here at any length the next class, old mature, or nearly mature, woods. With a good market their removal will be financially desirable. The next class, from the scientific forester’s point of view, is certainly not the least important. This consists of immature woods from about thirty years of age and upwards, in which thinnings can be made. In all accessible woods of any size, these thinnings should provide a considerable amount of pitwood material. The important point will be that the thinnings should be made with care, the trees to be removed being marked beforehand by a reliable forester well acquainted with the principles of scientific thinning. Finally, for general purposes there are the few pure spruce, larch woods, and various hardwoods. Of pure spruce there are few in this country. Such as: are available will doubtless be marketed at wy profit. Pr. We Wa ts if < / a Nags te i eed ie oa 1% hs ae fi ae | ly, & y 178 TIMBER SUPPLIES AND THE WAR Little need be said here of larch. The timber always finds a ready market, and there will probably be an upward tendency in prices for this material. For oak high forest the scrub areas have been already dealt with—in the absence of the nearest supplies which come from Austria-Hungary and Germany there is likely to be a larger demand and a higher price. Birch may be in demand for furniture-making purposes, in addition to pit props;-as also our other useful hard- woods, to take the place of imported manufactures. As to the size of the wood materials in demand. It will be unnecessary to dwell upon division 1, logs and sawn timber. A few remarks may, however, prove useful on pitwood. The following is a quota- tion (abbreviated) for Scots pine and spruce pitwood drawn up in August 1914 by a large colliery proprietor in Scotland.' The classes are four in number—round props, quartered props, crowns, and pit sleepers; the prices are carriage paid, delivered at the mines. Round props—3 in. up to 4 ft. in length fetch 3s. 11d. per roo ft. in 4 in. classes, and varying lengths, to 5} in. up to 8 ft. in length, fetching 10s. 9d. per 100 ft. Quartered props—Ex. 5 in., 6 in., and 7 in. up to 4 ft. long fetch 2s. Id., 2s. 9d., and 3s. 7d. per 100 ft. respec- tively. Crowns—3}4 ft. x 3. in. x 14 in. fetch 1d. each. 4 ft. x 34in. x 1} in. fetch 13d. each. 5 ft.x4 in.x2 in. fetch 1$d. each. 5 it.x 4hin. x 2} in. fetch 1d. each. 5 ft.x5 in. x 2}in. fetch 24d. each. Pit-sleepers—3 ft. 3 in. x 5 in. x 2 in. fetch 15s. 6d, per 100. The butt ends of trees are usually cut up into quartered wood, pit sleepers, small crowns, and hutch-boards. 1 The prices have since greatly increased. PITWOOD* REQUIREMENTS 179 Of the amounts of timber and pitwood available in these islands to fill the gap made in the imports, it is not at present easy to speak.! There is no forest law in this country, and therefore no power to compel the felling, in the interests of the nation, of areas of woods in private ownership, as is the case in many Conti- nental countries. Nor is there any evidence that such a law would be necessary in Britain. The diffi- culty in the past has been to find a good market for the produce of the woods. With a market at the door there can be little doubt of the willingness and patriotic spirit of proprietors to take advantage of it. It has been estimated by one large Scottish colliery proprietor that he would require about 200 acres per annum of fair, well-grown Scots fir, forty to fifty years old, for his needs. And he further estimated the total Scottish colliery requirements at 6,000 acres of the same material per annum. It has not been stated whether the calculation is based on Continental methods of growth or on British ones—a matter of some import- ance, since the British woods as grown in the past carry far less per acre than is the case with the better- grown woods of the Continent. The estimated average annual requirements would thus be probably nearer 8,000 acres per annum. And this is for pitwood alone ! In conclusion, there is one other point which may 1 Inquiries by the English Board of Agriculture, published in November 1914, on the subject of the amount of pitwood available in England and Wales estimate 7,900,000 tons standing in the woods, of which 3,800,000 tons could be exploited by extraordinary fellings. This would supply the demand for one year, the total amount available only supplying the requirements of two years. 180 TIMBER SUPPLIES AND THE WAR be briefly touched upon here, for it scarcely comes within the purview of matters herein considered. I allude to the labour supply. To work the woods in the country will almost certainly require a supply of imported labour, and provision will have to be made for the housing of such labour. Even so, this labour, or much of it, will not be satisfactory for the present emergency, which demands good and rapid work. At the present moment we probably have as fine a supply of well-trained forest labour as has ever been in exist- ence in this country. It is to be found amongst the German prisoners.! One-twelfth of the population of the German Empire is said to be connected in one way or another with the working of the German forests. There must be, accordingly, at the present moment amongst our prisoners men who are first-rate forestry labourers. It would appear possible that in this emergency some use could be made of these men, their services being remunerated. In thinning operations trained hands would be invaluable. 1 Also to a certain extent amongst the Belgian refugees. ee Rk er i EVO ARO T Th in ee. 4g Se XIII THE EFFECT OF SIX MONTHS’ WAR ON THE TIMBER SUPPLIES THE outbreak of the Great European War inevitably brought about an immediate and considerable dis- location to trade in all departments. That a war in Europe, even on a small scale, given that certain of the Great Powers were the belligerents, would result in such a check had, of course, been anticipated for years; but some of the direct causes for this diminu- tion could scarcely have been foreseen. For instance, the shortage in freight steamers was perhaps not expected to the degree which has actually taken place owing to the large number of vessels taken up by the Government for military and naval purposes. The First Lord of the Admiralty told the House some months ago that a considerable portion of the British mercantile fleet was being so used.'! This action on the part of the Admiralty, whilst quite necessary, has resulted in a shortage of vessels which has had a direct bearing upon the shrinkage in imports both of timber and other produce of the forests—for shiinkage there has been. Then, again, the removal from the ocean of Germany’s entire mercantile marine, plying as it did on every sea, has naturally still further assisted 1 This article was written in February 1915 and published in the Nineteenth Century in July 1915. 181 182 EFFECT OF WAR ON TIMBER SUPPLIES the depletion of cargo vessels, since so large a pro- portion are interned, and consequently unavailable for transport purposes. That timber supplies as a result of a European war would naturally prove one of the first commodities to suffer in this country was a foregone conclusion amongst those who had studied the subject at all closely, the point of greatest and immediate danger being the pit prop and pitwood supply of the mines, of which some {4,400,000 worth were imported in 1913. Further, it was realised that a war in which Russia was involved with her near Western neighbour would, with the closure of ports, be seriously felt in this country, since we are indebted to Russia for some {12,800,000 sterling of timber imports annually, more than a fourth of our total imports of forest materials from the whole world. An examination of the Board of Trade Returns for the first six months of the war (to end of January 1915) shows that the imports and consumption under all heads of timber, etc., including wood pulp and pulp board, dropped slightly less than a third, the total values for the six months August 1913 to January 1914 being £22,346,000, as against £15,714,000 for the first six months of the war. Considering first pit props and pitwood, we find that the supply of this material fell considerably. The returns for the six months show that 1,051,054 loads were utilised, as against 1,932,823 for the similar period in 1913-14, the values being {1,653,366 and {2,585,801 respectively, a decrease of nearly a million pounds sterling. Wood pulp and pulp board is another com- LARGE TIMBER gee 5x: modity in which a shortage was feared. This anticipa- tion has not, up to the present at any rate, been ful- filled, the imports even showing a slight increase for the period, though an advance in price is apparent. This satisfactory state of affairs is probably due to the fact that the chief importing countries are Norway and Sweden, the command of the sea having enabled the trade to be maintained. The supply for the six months has been 571,483 loads, as against 570,865 loads of the previous year. As has been said, the price has risen, the values being given at £3,214,903, as against £2,932,745 for 1913-14. As regards large timber—logs of fir, oak, teak, etc.— there has been a considerable falling off in the supply, 289,021 loads as against 448,896 the previous year, valued at {1,442,080 and £2,027,402—a drop of over half a million. Under this head there is, as was to be expected, a big decrease from Russia, whilst Germany sends nothing and America 18,700 loads less than during the corresponding period last year. In the case of converted wood materials imported under the heads of sawn or split, planed or dressed timber, the returns show a decrease of well over a million loads (2,444,027 as compared with 3,794,377 loads in 1913-14), the values being £8,313,558 as compared with {11,965,891 —a decrease of over three and a half million pounds sterling. Lastly, for a miscellaneous group, com- prising staves, mahogany, and unenumerated items, the values for the war period are given as {1,089,802, as compared with {2,833,843 for the corresponding months the previous year—a drop of about one and three-quarter million pounds sterling. 14 184 EFFECT OF WAR ON TIMBER SUPPLIES The total decrease in the values of timber imports for the first six months of the war amounted to £6,632,000. The totals under the five groups into which the timber and other forest imports may be divided are shown below in pounds sterling: , Previous Year War Period Group. Classification. Aug. 1913 to Aug. 1914 to Jan. 1914. Jan. 1915. I. | Hewn Timber—fir, oak, teas : £ etc. 2,027,402 1,442,080 II, | Pit props and pitwood . 2,585,801 1,653,366 III .| Sawn or split,planed or dressed timber . 11,965,891 | 8,313,558 IV. Miscellaneous—staves, maho- gany, : 2,833,843 1,089,802 V. Wood Lies and pulp board . 2,932,745 3,214,903 22,345,682 | 15,713,709 Deficit for six months war period. ; ° ; 6,631,973 Now, the total value of the imports of these materials for the year 1913 amounted to a sum of £42,725,000, roughly divided among the above groups as follows: Values in Sterling Group. Classification. of Imports during 1913. £ I. | Hewn Timber—fir, oak, teak, etc. : 5,500,000 II. | Pit props and pitwood . ; 4,400,000 III. | Sawn or split, planed or dressed timber ‘ 22,800,000 IV. | Miscellaneous—staves, etc. . 4,600,000 V. | Wood pulp and pulp board ; 5,425,000 TOTAL 42,725,000 COMPARISON OF FIGURES 185 The totals in Groups I. and IV. are not quite correct for these groups, since in the Annual Statement of the Board of Trade the items are grouped differently, mahogany being included under I. For our purpose the above lump totals are, however, sufficiently ac- curate. A comparison of the above figures with those given in the table analyses for the six months August 1913 to January 1914 and August 1914 to January 1915 shows: (1) That the totals of imports for the period com- prising the six months August 1913 to January I914 are slightly higher in value than those for the other six months of the twelve—7.e. {22,345,682 as against £20,379,318. | (2) The decrease for the first six months of the war amounts to practically a little under a third of the total imports of the year, supposing the decrease were to be maintained during the following six months. (3) That importing countries, unaffected directly by the war—.e. non-belligerent countries—have not yet taken full advantage of the favourable market con- ditions existing in this country to increase their supplies to any very large extent, with the exception perhaps of Norway and Sweden. This apparent inaction in the face of so favourable an opportunity is probably due, in part at least, to the shortage in freight vessels already commented upon. A great variety of different industries and trades in this country are dependent upon the various classes of 186 EFFECT OF WAR ON TIMBER SUPPLIES timber and other forest imports, such as, e.g., pulp mills, saw mills, furniture factories, brush factories, bobbin manufacturers, etc., and builders, carpenters and joiners, etc. It will therefore be of some interest and perhaps of value to analyse group by group and month by month the imports of the various materials, indicating where possible the countries from which the imports have been obtained and the deficits in the amounts received. Such an analysis will enable us to form an opinion as to the directions in which the pinch is already being felt, by a comparison of the fall of imports with an increase in price; at the same time it will be possible to ascertain the directions in which increases in imports over those for the same months of the previous year have taken place. In the previous article it was pointed out that Norway and Sweden, as also the countries across the Atlantic—Newfound- land, Canada, etc.—would be likely to take advantage of a rise in prices and a dearth of material in this country. Such a state of affairs has to some small ex- tent already made itself felt, transport facilities in the way of available ships having probably been the chief deterrent up to date. There is still, therefore, scope for the exploitation of available home supplies, which, owing to their inferior quality and heavy railway freights in this country (now somewhat lowered for some classes of produce), could not previously compete satisfactorily with the imported material. Taking our first group, Hewn Timber (fir, oak, teak, etc.), the table on p. 188 shows month by month the quantities _ and values received during the periods August 1913 — to January 1914 and the war period August 1914 to DETAILS OF IMPORTS 187 January 1915. Some points of interest can be derived from the figures there given. In the first instance, each month of the war showed a steady drop in the imports as compared with those of the same month during the previous year; and all the countries from which the imports came participated more or less in this decrease. German imports dis- appear at once, as also, though not shown separately, does Austrian oak. Russian imports drop from 222,000 loads valued at £522,000 to 99,000 loads at £203,000, the latter figure being fully as much perhaps as one could have expected from her under the circum- stances. From Sweden the imports show a slight decrease of 2,600 loads, whilst the price rises by £2,000. odd. Norway exhibits consistently rising imports for the six-month period, the total being nearly double | that of the previous year, valued at £50,700 (as against £25,200)—a most satisfactory state of affairs. From the United States, as also Canada, the imports fluctuate, some months of the war showing arise, notably August and November for America, and August, September, and October for Canada. America has a total decrease of about £180,000 in values for the war period, whilst Canada, with a slight total increase of imports, has a corresponding slight increase in values. From British India the chief export in timber is teak, and here the market would appear to be recovering itself by January 1915, this latter month (with the exception of Septem- ber) being the only one to show an increase of this material over that of 1914. 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QUANTITIES IN LoaDs, VALUES IN {. 1913 I914| I914 T9I5|} 1913 1914} 1914 1915 “s ‘, . e Sion] 2 . oa] . . e ~~ . 3) &8| 5) 8) 8/2) 8) 3) S| S| 83) 8/8) 6) 8) gi Bele 5) og Q1ZIOLAIAIRI<| DIOLAZlAl Alida ZliAIRI AI BZIOlLZI Alm Totals for OPH) He] OC] HO] AHH) CO] F/O] O] BH] WH) DO] oH] TH] |] O Alo ' first six || 8) %) S|) | S/8) S18 )8) oy Ri o3 N18) 8) o/ 8) SSIS Sl lg months of |} 8/8) 5/</S/S13| Sas) 8 S18 Si SiS] S1S13) 8) 3] oI] S18 War com- Si SL LL OTH RL HOO] mM Al al Ri al al ol om ale pared with same months | |- — ——, F || s he Y of 1913-14 1,932,823 1,051,054 2,585,801 1,653,366 There was a slight increase in price per load (from £1°36 to £1°54). In view of the fact that our chief supplies of pit materials come from Russia, who sent us £2,400,000 worth during the year 1913, and from France (£830,000 in 1913), it is to the good that supplies have been as well maintained as the above figures indicate. The third group consists of sawn or split, planed or dressed timber, including sleepers, which the Board of —— *€161 ul Apoyeredas UMOYS JON » ~~ “2 br-£161 ‘eres ‘Cog: jO syjuom xIs oures g6s'Sx6 8 neg 16g a rs -” WHA poredmos rem Jo - SYJUOM XIS }SIV JOJSTeIOL 994699 \Lg9'6LZ | Lof‘gh1‘z | 1zg‘Sez‘e | EVG‘Lor't | PES‘zzE‘I | 1gb‘Sgq | ggh*gor‘r | c6E‘OSg‘r | goI‘ggZ‘z | Sz6'1Sg‘z | rzS*106‘z | . ° - 7eI07, tvog‘ch | ELbor | Sgg‘rS Lever 6bg‘Ex Exr‘gf LeL‘gl _ _ = _ _ IEA = x1g‘Z | ors6) =| 6gr ‘rr Igz‘er ol ‘ze zEL‘o~ GLe‘gf |ofE‘Zor | 06S*ZZ PES‘oz 16€‘rE o6‘1b : pda ¥98 Z1| z€6‘tz1|616‘Sge |Sgf‘zqq | orS‘zo€ g e“1e 6£6C2 94906 logg*tSz |Sqq‘00S | 9S6‘zZb S0'obs 5 * $97GNOD 12930 909° 611'rZ | 260°Zg ozr'ber ee bgtox o6S‘ES | oZo‘gor thy gs for 66z°Eo€ |€oStroz |. : $9781S ~ et oog‘ogt| z6r‘Z1r|orz‘1z7r | 1oL‘gzxr_ | 6¥6'S 1zt‘bp EqgS‘SS | 6¥6‘QL 6Sz‘6¥ g ‘€ 6'gZ Loz‘el ° . ABMION E€Q‘SSr | gzr‘goz be ed 66%'616 |[CLE‘TEE |Cro‘Zez_ | Cor‘g1z | Z69‘zo€ gx Ad: 66>°Ob re Ce) roz‘bse |. : . uspamg 99Z4‘ZZ | E€etrc|bgo'bSg | gzEbgt |org‘Lo€ |ogf‘Egh | boz‘6g1 | gSS‘tzh S6°9SZ | £L6‘°S6P1 | coQ’SS HT | rZh16S‘r |, é - * pissny ‘uef | ‘seq "AON "po *ydeg “sny ‘uel 29 “AON ‘po “yas ‘sny $161 v161 br61 €161 J NI saoIvaA br-€161 ob bbe “P6Z‘ jO sy}uOmM XIS owes ézo'r ei LLE‘VOL‘E YIM poxeduros eM jo f "| Ssq}WOUrxXIs Js1y 10; s]e}OJ, Szg‘Lox | org‘Loz| zzo‘ZEg | oOSr‘zSq | QEP‘QVE | HQO‘cEH | OII‘Stz| gho'EPE | Ofg‘Z1S | 6og‘b06 | Hgg‘o6g 199‘zz6 |* : * eJOr o6b€x | Corss 606‘91 €1€‘b gro _ 6L9‘zI_ | 6ze‘bz ~— wes a oo i. : ‘ 810d2919— eroumnusu c6z'x | Cob z 100'z 160° 5a vAL Sor‘S ree or | gto‘oz SgZ‘gr €Cz‘Z $zZ‘9 609‘or at > SouqUNOD, om wEz'Ee | SrzEE | oLo'rg o61‘€6r | Zov't6 Le ‘€6 zoe | oF6'Ez £06‘Z biS‘6Exr | EzS‘gzr | gzz‘16r |° , epeuey SS6‘Ex | gog'hx | Ezr'zz 169'bE P6L‘61 om 1G |€Se'rr | Cbr‘re zzS‘g Cbr‘o€ ore'rZ vig’Sh [* : $2323S peu Eze‘Sb | ZEg‘Zz | Sze6z | ogr'zE | SoStrz "4 TIO’SI | OStoz | SeStrx | ggr‘€z | 646‘1z | SzEizz |+ . ABMION ESz‘ZE | oLZ'eS | cOz‘zgz | oSb‘1Zz | 992‘66 gg0'og oSg‘rZ | e6otvor | Sgr‘6r1 | gzz‘rgr | 2£Z‘691 | gzz‘ezx |- . : teapaag GL£S‘cz | gho'cL | cot‘oor | Obe‘Er1r | $E1‘66 egZI | 10z‘zg | bEo'Zbxr | Egr‘zgz | Sgz‘Z1S | oS‘z6r Egg*reS |° 3 BISSNYy ‘uef | ‘ood | ‘aon "PO deg | ‘sny | ‘uef | ‘oq "AON "pO | ‘3dag ‘sny $161 br6r br6r €161 7 “SdVO’'T NI SaILIINVOD “AHAWIL GCHSsHud WO GHUNV’ld ‘LI’IdS WO NAVS ‘IIT "E> ale iE oe 190 RESULTS IgI Trade now show separately in its returns. With the omission of India and Germany, the countries from which the imports come are primarily the same as those of Group I. The table on p. 190 shows the variations in the imports for the two periods under review. Under this group we have a very heavy de- crease in Russian imports, from 2,013,000 loads to 683,000, valued at £5,894,000 and {2,150,000 respec- tively, a decrease of value of approximately three and three-quarter million pounds. Sweden exhibits. a better position, there being a decided recovery and increase in imports during September and October of Ig14, resulting in a balance on the right side for the six months, the figures being 826,000 loads (as compared with 769,000 for 1913-14), valued at £2,776,000 (compared with £2,190,000), an increase of half a million. Norway also comes out with a satis- factory rise on totals for the six months of the war, whilst at the same time showing a consistent increase for each month over the imports for the similar months of the previous year. The totalscome to 171,000 loads (compared with 114,000), valued at {694,000 (against £417,000). Similar results cannot unfortunately be recorded for the United States of America, there being a decrease on imports for every month except August 1914, the total values being {640,000 for the war period, as against {1,028,000 for the previous year. Canada, on the other hand, after a considerable drop in imports during August and September of Ig14, showed a consistent increase for the remaining four months of the war period. The totals for the whole period, however, did not reach those of the previous : *b1-€161 yosq}uom zog‘6go'r Erg EEg'z SUTeS Y}IM poredmoo rem r rs Y\r = > | LFO SYPWOW XIs ISI JOJ Spej}OL, o£ ‘€z1 | ovr ‘6gr | Sg€‘6z1 | Ebg‘1S1 | gg6‘oSz | gLE‘Sbz | gzg‘PHE | ExE*QSE| OLz“Egz| Lzg‘gzh| HoS‘zSE| Lzv‘oLo‘r| . ° . 12}0L zlo‘zg | zZ€‘zg | Lev‘ol | Leg‘ rog‘oor | ggr‘hSr | EzZ‘1z1| HS P‘Gor | E€z‘Zor | g6b*Egr | Cro‘o£1 | oF6‘zCx1 . “ * payeroumusny 1606. zoS‘€S | efg‘or seers orgtoft g6F*¥Qg | ggo‘EQr| gEP*rgr | cO6‘ZI1 | 766‘zgr | ES1'Eor | che‘LZ : . * Auesoyey —pejyerommnueny se}un0D ZvE'TS | goz‘€S | gor‘ev | rzg‘bh | SSE‘Gx | grZ‘gz | S1g‘6S | TEPSg | rer‘gS | ZEr‘oor| g6EG11}| She‘Shr | - . é * s2aezg | —peyesmNueny, sefjUHOD ‘uef | ‘90a ‘sox | “pO | ‘xdag | “Sny | ‘wef | sod | ‘aon | “0 | “3dag ‘sny $16x br61 +161 €161 *F NI SHOTVA \ . * bI1-€161 yosy}uoM a —_ aUIeS YIM poredmos eM ¢ Vie antes \ | LJO Sy}WOUT xIs ySIG 1OJ S]BIOL, pane amen — — o— — — =— =— = — aw . . . * yeyOL Egofor | bor‘tr | QZS°6 | ez‘or gzS‘or Zog‘bz | SgS‘gt | ogt*hr | EF6‘EX beoz | 1S0‘gr ré1Se | * : * peyerumusng L61‘r 1029 zor'e | g€S‘S | gorb‘gr | 9916 | Zoe‘Or | ESZ‘oz | gzr‘fx of‘gr | g6S‘1r | L€g‘g : . * AuesoyeM —pejeloumueuy = seis}un0D "SNOJ, NI SAILIINVOD 16¢'S | SSz‘9 gSb'g | 1924S | SxS | boo'H | IhO‘L | GrG‘Ir | O6E'rr | LZhg*tz | gho'zz | PoOE‘Ex | - . . * SdAR}S —poj}elomnusuy serz}UN0D ‘apf | ‘Pq | “AON | ‘PO | “deg | “Bny | ‘uef | ‘929d \ ‘AON |} “PO | "3deg | ‘SnY * $161 br61 br61 eS €161 “Savo’I NI SaILIINVaD ‘GULVUANONAND ‘ANVOOHVI ‘SHAVIS—SQOUNVWTINOSIA ‘AI 192 WOOD PULP 193 year—530,000 loads to 572,000, valued respectively at £1,819,000 and £2,034,000. There was also a small decrease of about £62,000 sterling under the head of “ Unenumerated Countries’’ for this group. Group IV. consists of miscellaneous products, in- cluding mahogany, staves, etc. The details of the imports for the six months’ period are given on p. 192. The imports of staves, as shown by the table, have dropped to exactly one-third during the past six months—33,000 to 99,000 loads, valued at £237,000 and £547,000, the price having risen from £5°5 per load to £7'1 per load. As was to be expected, the imports of mahogany decreased from 92,000 tons to 42,000 tons, valued at £805,000 and £315,000. A point of interest about these figures is that the price of this fine timber dropped during the period from £8°7 per ton to £{7°5 per ton. The ‘‘ Unenumerated ” materials in this group also show a decrease of nearly a quarter of a million pounds sterling. Our last group, Group V., consists of wood pulp and mill-board and wood-pulp board. It is a group possessing peculiar interest at this juncture. Setting aside the question of the daily Press, which is so de- pendent upon this material, we should all of us find it difficult to get on without the cheaper forms of paper, even in our domestic life. Perhaps the most significant feature of the imports of this product of wood lies in the fact that whilst the imports during the war period actually rose to a slight extent, the price has also risen as compared with the same period during the previous year. This increase must presumably be attributed to the rise in shipping freights. The price rose from . *bI-€161 yosyjuow £06'br2'€ ShL‘zl6‘z cues FIM pereduros rem P A yl whine ,| (FO SAIWOU xIys ASI 10; SpBIOL, — OQGELE | Exg‘tgh | SeEES g9S‘6S9q | 9£2‘Loo'r | tzb‘gSz| gEo'bzh | 166'Szq | TZZ‘SSH| 6QO'ggt | ZQz‘Z6F| 6Eo'rbh} * > ’ Te}OX, 6£6‘cb | cggtob | gL6‘Z¥ | Ghg‘ZZ | SOL bP Z1L‘Iz | bzS‘bS | gQS‘ES | OS6*gh | g6g‘Sg | OFG6‘9S | boo‘gS 4 . * preog dind-pooan ptre preoq- “TTHAL pa SR : —payeroumnusny se1sjUnN0}D rof'zr~PerL'1r | L6Z°€ J|oLs‘bx | gbS‘or 166‘c |Co6‘Sr | LZzeE‘11r | Qghtor | oo7‘Z o's 1S9‘S peyerunusny off'g |Szf‘g9 | gL1‘Ir | ogg‘gt | gbotr€ ZI19‘ZI | €go'g | Egg‘Ee | zgr*te | or$*Zr foz'9z geZ‘gr | * : S91I}UNOD 32430 — eset — zoz‘zg | oSo'rg 61Z‘Zt | o$Z‘e | gtz‘or | ozr‘Ze | S1S‘or | gro‘S€ | 1g‘ : 4 4 * epeueD — — —_ ae ISS‘€ | CSE'be | tez‘SE | cES*ge | EgL‘oz gro'og obr‘gr | * ° 2 Auewsesy biz‘16 | 12g 99S ZSS‘gS | bb6‘oor | 6Lo‘bgz || 609'Sg | Sro‘orr rie Cor‘zZ | 699'SS 54 €€q'F11r| ° > * S£BMION gzS‘obr 1gg‘66z $6£‘g6z | zLo‘Z1£ | oo€‘gZ$ | grz‘6o0r| 1z6‘oZ1 ‘See 1zS‘gre oF6‘gIz | oc ‘661 | ShI‘gZ1| * ° s * wepemsg £1L‘0F | OLg‘o& |ezo'se |Crz‘gh | 064°S — |Szo'se oekere S6g‘zz | 61b‘Sz | g09‘61 | gzg‘zh | * 2 ’ * —- BISSNYTL ‘uf ‘2d | ‘AON | “PO | "3dag ‘Sny | ‘uef | ‘ced | “AON | “PO | ‘3dag | ‘Bny $161 b161 b161 €161 *F NI SHO1IVA = * br-€161 jo syjuom Egr'rZ¢ : Sgg‘oLS DUIS T}IM Paredmos rem A» e” JO SYPUOM XIS PSIG IO} STCIOL, gLSizg | oSS‘6Z | gGz‘gZ | ES1‘Ezx) goo'SZx | z6z‘bS | bog‘og ; Ogh*br1) SoS‘Eg ; E€r‘ror) Szg*bor) gZo‘gg | * ° . ye}OL COS‘b | g6c'b | 6Sg°P | 629°Z zlLt‘b eZee | €Se'S =| 1hHS StS*b |gzf‘g | goss gt6‘s : . * prvog dmnd-pooys pur preog. ~TTHA —pe}elommnusuy serjunoed 610'F Tgg‘z €xr‘r zgg‘t gbz‘c 0g6 elze'y £66‘z 6ZE'e | Eze 6rb'r oSb'r : * pozyeroumueny oL1‘z 109‘I zg‘E | gog‘’€r | of€6‘g £t9‘9 LoS‘tr go0L‘Z ves * 6oz‘or | gf9‘6 Zo‘ , *sop}UNOD RHO ns 966‘z —_ Z£Eo'gz | Leo'ce 9Z9'Z | b6c‘r zgi'b ‘or |1$r‘S | orr‘gt Score e . epeuey) — -- _ —_— ron g16‘z 6e7'b 6gz‘t vES‘z SL9Q‘S S602 > : ¢ * AuvTIID orh‘gt €C6‘Cxr | 6Sze‘zx | roS‘be | EQZs‘6S $66‘61 | 6LO‘SE | ggb‘ez ogr'gt 1fo‘gz | ELz‘o€ | beb‘re | * . > * SABMION 999‘ be ieret €ZS‘oS | rzg‘1b | ggS*Zq | zho‘gr | Q61‘gz S'S | CoG*vE | ExrS‘zw | HEEEE | oLE‘Zz | * “ . * Tepes oSZ‘¢ or + Cfotv | Sgb‘S org _ Leer PE‘g €Ze‘e | cere zor‘z re1‘¢ os ® . BISSNy ‘uvf | ‘99d | “AON "pO | ‘ideas ‘Sny | ‘uef | ‘99d | “AON | “PO | “3deg | ‘snY ¢161 br61 br61 €161 "SNOT, NI SAILILNVAG aquvod diInd-qdooM AGNV GuUVOs"’TIIN ‘LHM GNV AUC “IVOINVHOAW ANV ‘IVOINHHO—dINd GOOM “A 194 WOOD PULP 198 £51 per ton to £5°6 per ton. The detailed table. of Group V. isgiven onp.194. Russia exhibits a curious fluctuation in her imports under this group. An almost total absence of cargoes during the first two months of the war is succeeded by a considerable increase over the previous year’s totals for October and November, followed by a decrease in December and January, resulting in a total drop of £42,000 worth of imports. Sweden, in spite of some fluctua- tions, shows a decided increase of imports for the period from 219,000 tons to 254,000 tons, valued respectively at {1,318,000 and {1,792,000, an increase of {I per ton in price. Norway has also secured a rise in price for her imports of this material, although the bulk imported is some 17,000 tons less than during the same months in the previous year. The increase price, as in the case of Sweden, amounts to {1 per ton. The German imports ceased altogether after August, when £3,500 worth was received. This meant a decrease from the previous year of 20,500 tons. In November and January of the war period Canada imported no wood pulp to this country, and in December her imports were smaller than those of the previous year. During the first three months of the war the amount of wood pulp sent to this country was much greater than for the same period the previous year, with the result that her imports of wood pulp for the six months’ war period rose from 41,000 tons in 1913 to69,000 tons, _. valued at £93,000 and £171,000. The increase in price was only £°4, indicating that the chief rise in prices of this commodity occurred during the second three months of the war. From ‘‘ Other Countries”’ there 196 EFFECT OF WAR ON TIMBER SUPPLIES was a slight decrease in the imports of wood pulp, the price of the material rising by £2. Under ‘“‘ Unenumer- ated ’’ there was an increase of 1,000 tons in the receipts for the war period, the increase in the values amounting to £1,000. Under mill-board and wood-pulp board there was a decrease of 6,000 tons, valued at £62,000, the price remaining the same for the period under review. There are several points which stand out in strong relief from the above analyses of the imports of forest produce into this country. The first, of course, although it may not be fully realised by those who have not studied this question, is our almost entire de- pendence upon foreign materials. In fact, we purchase half of the total forest imports of the world. The comparatively small amounts grown in this country are quickly absorbed, and the price obtained by the grower or owner of the standing crop has in the past rarely been higher than 50 per cent. of the full value of the timber itself measured according to scientific principles. There are, it may be at once conceded, many reasons for this anomalous state of affairs—the chief being the want of continuity in supplies in any one locality and the smallness of the areas of woods and therefore of the amounts of timber available from them. It is perhaps scarcely fair upon the railway managements to expect them to maintain the necessary rolling-stock for the carriage of timber combined with sidings for loading it and to quote low rates when sup- plies are so erratic as at present. RUSSIAN RESOURCES 197 Secondly, it may be held that as long as we are supreme at sea there is no danger of our supplies running short in peace time. But is this a safe in- ference? We imported, e.g., in 1913 nearly fifteen million pounds sterling worth of forest produce from Russia. Russia with Finland has extensive tracts of forest. The forests of Siberia have often been extolled as inexhaustible. This is perhaps not quite the truth, but, as has been shown, they are extremely valuable. The question is how long can we rely upon a contin- uous unchecked export of raw forest materials from Russia or from any other country. It must be borne in mind that, as with other semi-developed countries, Russia’s population and industries are increasing and have made rapid strides latterly. Also, not so many years ago a Russian Finance Minister painted quite a different picture of the state of the forests in parts of Siberia from the one so commonly accepted. It was in connection with the settlement of immigrants in the country along the Siberian Railway. He pointed out that it would be necessary to give special attention to the forests of those parts, the actual condition of which was, owing to wanton destruction by the inhabitants by fire and axe, by no means so rosy as was imagined. He foreshadowed protection and State organisation of these areas. This work has since been commenced and about a fourth of this gigantic area of forests has been explored. As in- dicated in Article X, the result of this investigation so far has shown them to be even more valuable than was anticipated. As regards the other countries Nor- way for a time, if not at present, was overcutting 198 EFFECT OF WAR ON TIMBER SUPPLIES her forests—t.e. trenching upon her forest capital. Sweden was probably working up to her full possibility in this respect. The controversy over Canadian wood pulp exports with America and the preferential tariff question will still be fresh in the minds of many. Instances could be multiplied. Countries which, up to recently, have been self-con- tained as regards forestry products have now com- menced to import and therefore to compete with us in the open market. Another important problem with which we are faced is the effect of the war on the Continental forests in the belligerent States. Immense destruction of tree growth must be taking place in the fighting areas in many parts of the world, and more especially in Europe, whilst the consumption of wood must certainly be enhanced by the enormous masses of men now con- gregated together. We read of the Germans cutting down whole tracts of forest in the Allies’ country they are occupying and transporting the material into their own country. The heavy howitzer shells are reported to sweep through a forest and lay the trees low as if a heavy storm had passed over the area. We have heard that even the roadside avenue trees are being destroyed wholesale, owing to the habit of picketing the horses to them. A competent forestry observer now at the Front wrote me as follows the other day : “Tt will take more than a hundred years to repair the damage done out here. All the trees (avenue) have been girdled by the horses to about ro feet up the stem. You see, horses are tied up under trees to prevent aeroplanes seeing them, and the usual way is THE OPPORTUNITY 199 to run a rope down a line of trees 3 feet or so up, and then tie up the animals by short head-ropes to this. Then they get at the trees and eat the bark and soft bast off. Itis rather a shame, but ‘ a la guerre comme a la guerre.’’’ It would seem highly probable that one of the after-results of the war will be greater competition and consequent higher prices for forest materials, and this country will be the first to feel the new condition. | Two questions would appear to confront us: (1) Are we making full use of the opportunity which the shortage in timber supplies is affording us ? (2) Are we seriously considering the forestry problem in the new aspect in which the war presents it ? (1) The Opportunity.—Much is being done by the Boards of Agriculture, both English and Scottish, in the direction of drawing the attention of proprietors of woods to the possibilities presented by this unique opportunity both for clearing out woods of poor de- velopment or which have suffered irretrievably from wind or snow damage; and, secondly, in adequately thinning promising young woods and selling the material as pitwood. Some proprietors realised the position at once. The question now is, Is there not some danger of available supplies being held up too long in anticipation ofa still further risein price? The opportunity is without parallel. It will be a pity to miss it. We have heard already of mines introducing iron props. These are more expensive, but, provided they can be recovered for further use, they can be made, it is thought, to pay. And by offering an extra influcement by way of pay the men are being per- qt) 200 EFFECT OF WAR ON TIMBER SUPPLIES suaded to recover them. Once the initial difficulty of introduction and recovery of these props is surmounted the managers are unlikely to go back to the wood prop, and the market for this article will be proportionately lessened at a juncture when, with the advance in British forestry, it is most important that it should be maintained. An experienced colliery proprietor said to me the other day: “‘ The shifts we were put to after the outbreak of war to keep things going resulted in all sorts of expedients being devised, and some of these may have come to stay.” The iron pit prop, for instance ! (2) The Forestry Problem.—Is it not time that a decision should be arrived at as to the percentage of the available plantable land in the country which should be maintained under woods in the interests of the community as a whole? There are many keen planting proprietors in the country. It is known—the various Forestry Commissions, appointed at intervals by the Government of the day, have dealt fully with the subject—that there are several million acres of plantable land which could be made to produce a proportion of the materials now imported. Inci- dentally the woods would also give rise to flourishing industries, such as pulp mills, furniture and toy factories, and the thousand and one manufactured articles which we now import, affording employment to a considerable population. The blue-books of the above-mentioned Forestry Commissions have pointed out that town labour was useless for planting and general forestry work, as the townsman could not handle a spade or stand the hard SES LABOUR 201 work and climatic conditions entailed by forestry operations. This plea was true at the time. It isa question now, however, whether large planting schemes, if well thought out and prepared beforehand by a central organisation, could not be put into force at the conclusion of the war. Every soldier now has to learn to handle the spade and pick in trench work ; and large numbers of young men who will have been hardened to exposure will at the same time have been imbued with a liking for outdoor life. At least, it seems probable that after the war they will be rather unsettled for a sedentary life in the cities. Many will emigrate unless they can find congenial occupation in this country. Numbers might be induced to take to forest work, and planting on a large scale could be undertaken. A unique opportunity lies within our grasp. Is it going to be let slip ? XIV TIMBER IMPORTS AND EXPORTS IN I9gt5 THE first year and a half of the Great War has brought into prominence a number of economic factors and questions, many of them by no means flattering either to our vanity or organising powers as a nation. We have discovered our entire dependence on our enemy Germany for many of our everyday requirements, one might almost write necessities—dyes, medicines, even such an important fighting material as acetone, all were made in Germany. For one economic essential, however, we were not dependent upon Germany. Our timber and other forestry materials did not come either from Germany or Austria, with the exception of comparatively small quantities. And yet, as has been already shown in these articles, we were practically entirely dependent upon imports for these materials. By the end of the first six months of the war we had realised, to some extent, our difficulties in this respect, as the preceding article has indicated. But we were still far from a full realisation of what was in front of us. True, prices had already gone up, but to nothing like the figure they were to reach by the end of another year. Our true position in this timber matter does not appear to have been fully grasped by the country 202 TIMBER IMPORTS AND EXPORTS 203 till well over a year of the war had elapsed. The Home Timber Committee was not appointed till Decem- ber 1915. We had by then realised that the shortage of freight ships combined with the activities of German _submarines had brought about a timber crisis—the beginnings of a timberfamine. To meet the immediate needs of the moment—the urgent requirements of the War Office and Admiralty—we had to turn to such - home woods as existed and make use of the material, poor in quality though much of it was, which they could furnish. A comparison of the imports of timber materials, and prices paid for them, during 1915 with those of 1913 (the last full year before the war) is of some importance in this connection, for it exhibits both the falling off in supplies and the great increase in prices. In some cases—to wit pitwood—the extraordinary and serious position is disclosed of a larger sum being paid in 1915 for a smaller amount of material ({£4,700,000 for 2,100,000 loads) than was paid in 1913 for a larger amount of material (£4,400,000 for 3,400,000 loads). Had the sum of money thrown away in this manner during 1915 been spent on afforestation twenty-five to thirty years ago we could have hoped to have had much of this material standing in woods in this country at the outbreak of the war. Surely this one instance alone should prove sufficient to awaken the nation to the very great economic importance of the afforestation question. If we take the six groups into which forestry materials are classified in the Board of Trade Re- turns we obtain the following compatison of amounts 204 TIMBER IMPORTS AND EXPORTS IN 1915 imported and prices realised during 1913 and I9gI5 respectively ': Total Amounts for Years Classification. 1913. T9I5. Quantity in| Vatuein ¢. | Quantity in | Vatue in £. I. Hewn (fir, oak, teak, 928,903 | 4,398,478) 322,348 | 2,547,777 etc.) . . ‘ II. Pit props and pit- ‘ wood . . + | 3,451,32 4,445,066| 2,168,391 | 4,786,301 III. Sawn or split, planed or a “gear : ; ing sleepers - | 6,636,607 | 21,034,635} 4,764,584 | 22,728,621 IV. Miscellaneous (staves, mahogany, hard- wood, etc.) . ; — 3,910,705 -= 2,716,065 V. Wood manufactures _ 3,583,187 —_— 2,324,627 VI. Pulp of wood, wood- pulp board, etc. . | 2,296,835 | 5,283,716} 2,167,032 | 5,979,486 TOTAL . ° ° — 42,655,787 — 41,082,877 During 1915 therefore we paid about one and a half million pounds sterling less than in 1913 for our forestry imports, but we received nothing like the same amount of materials for this £41,000,000—roughly speaking only about three-fifths; nor are we likely to do so in the years to come and probably never shall again. Nearly three-fourths of our imports fall in the first three groups, coniferous timbers (firs and pines) and pitwoods. Of these we imported in 1913 11,016,838 loads valued at{29,878,179, whilst.in 1915 only 7,255,323 loads were imported, for which we paid £30,062,699— an increase of price of from {2°7 to {4'1 per load. If the above groups are analysed it is observable that * These figures are taken from the Trade and Navigation Returns issued monthly. EXAMINATION OF STATISTICS 205 in Group I. (Hewn Timber) for about one-third of the material received in I915 (322,348 as compared with 928,903 loads) we paid a little over half the price paid in 1913 (£2,547,777 as compared with £4,398,478). In Group II. (Pitwood) the prices, as already men- tioned, are even more startling. For an import amounting to 1,300,000 loads less in 1915 (2,168,391 compared with 3,451,328) we paid {£300,000 more (£4,786,301 compared with £4,445,066). Group III. again(Sawn Materials, etc.) presents the same anomalies —for, with a decrease of 2,000,000 loads (4,764,584 compared with 6,636,607 in 1913) we paid a million and a half pounds sterling more (£22,728,621 com- pared with {21,034,635 in 1913). Of Groups IV. (Miscellaneous) and V. (Wood Manufactures) we im- ported about {2,500,000 worth less in I915—about one and a quarter million less in each group. Group IV. merits analysing. It consists of staves, mahogany, other foreign hardwoods and veneers. It is difficult to understand why the step recently taken of pro- hibiting the import of these foreign hardwoods, veneers, etc., was not put in force at the end of the first six months of the war. Even then the tonnage difficulty was already being felt. Who requires mahogany and veneers in war-time? Even if a demand existed it would have been better to put an end toit. In 1913, 141,801 loads of mahogany valued at £1,225,879 ;. in 1914, 143,432 loads valued at {1,137,563 ; and in 1915, 48,284 loads valued at £385,635 were imported. For the same three years hardwoods and veneers, etc., were imported as follows: 249,411 loads @ {1,684,778 ; 226,513 @ {1,508,795 ; and 191,154 @ £1,613,042— SPS‘S1z r19'9? 6S 9‘6zz £06‘zs 6g6‘EZE | EgS*zq | bgf'x1> Lo0'1g preog ding pue ding poom @72‘ZZI £99‘L0€ Zof‘lor; — gf b'ggz * — sanyzouy “nURAL Poo £z76‘€o1 694‘SSe ort‘fz1 _ £g0°6Sz e Aues -oyey ‘sis0 “BeA “spoom FINzIUIN ‘sa avjgo— SnoomE]]I0STH{ ‘AI LEv'cel gze‘Eqr 99f‘96b €og‘ZE| €Zo‘Zgr 99%‘699 | Szg*Zor | ggo'r £6 Zee Coe ‘III d6z‘10€ Sgz‘Sgr 60$‘oSx eoZl‘6sr bro‘glt gbo'ggt | SSZ‘Z11 | 06£‘60% 0Z6‘161 * poomid pue sdoig wa LdS‘o7x gIg‘tr 16‘gzz S6£‘6E olb‘cr 6EZ‘101 | 9S6‘er | SZz‘rEE EES‘Ig “A ve) sat ayquend : "099 ‘Weal 420 ‘THA— *€161 “C161 *€161 “ROUVAT *“AUVONVS "TOT BOYTSSETD 206 * preog dng SLL | 110'vbx 969*Fgh | 6z6'96 | LoZ‘of€ | 6S9‘zgq | o06‘EZS grE‘Sorx | OLE'E1E | tog*tg | 6rZ‘bo | 196'So pue dma poom ‘IA Coe‘16x — | £g90‘gbz — |26‘o0z — |€zg‘EEE — | rz‘061 — |goS‘tze —_ : samnjovy ; “nue PpoomM “A glz'L7z — |962'6£z — |S6r‘vgr — |o9gg‘oZE — jzgt'ror — | €€o'rgz _ . AueSoy -B ‘sioaua,A ‘spoom 31n} 190'S/g‘r | OSS*E1h | ghg‘OfE'z | o6g'SSZ SoS‘gr1‘r | brig‘ bz | Sgz‘ggk‘T | gfg‘ozb | OS6‘0b6 | OSZ*boz obb'b69 | Zeg‘Zgr| ° siodaajs 10 poured ‘yidg 10 umeg “yIT Ezv'16z |ogrogr| 1€2‘oLb | 61z°ZbE | exZ‘xz gOLeSz | SgS*gEE | POS‘oL< | Loo'r16E | z6b‘Zrz | ogr‘z1z 6z$‘g61 | * Ppoomjzig pue sdolg Yd “IT Ggz‘o1z | ELe‘gz | VoL bgt | 06S‘6g 1g6‘91z | g6Z‘of | gfS‘Zo$ | g00'S6 | rbg‘xz1| Sob gr LEr‘ghE | Lbz'6g | * ‘ozo ‘year ‘ano f ‘AVM “qraay 207 969'2LL corer £gz‘Z6> Szg*bor 096'1ZZ ZGz'1€1 6f0'r bd 940‘og €92‘z6Z L£zS‘€er cbr‘otr br16g preog ding \puedmg poom "IA — £g6'6bz €gS‘oLz 069‘9be zgg‘z1t glo‘tzz 1bg‘Zot + gamzory -nueyy Poom “A 99S ‘ogt boS‘eSé 66Z‘9zE Lzv'sle o$Z‘ggz bgo'gih ° * Aues -~OUv ‘Sr99 “023A ‘SPOOM dInzWInG ‘soanis— SnOsULTeOSsTHE "AT EzS‘EvOE g1S‘SoZ Gz6‘1S9*z bgg‘06g gr b‘fgo't 19g‘0S9 1z$‘r06‘z 1g9‘ez6 grf‘ggo‘e 99f‘Z9S 1Sg‘1bz‘E rzg‘SSo'r o71‘S1¢ 6zS‘gZ1\| o$Z'gZ9 1bE‘6Zb oo$ ‘19% goz‘ooz oFf‘o009 goz‘ezr 192‘zZt 9fZ‘261 6gZ‘Sob bz6'IbE 2Lo0‘6oF obr'Z> ShL‘Shd ySo'Zt1 99Z‘bee cry $Ez‘ogt 694‘Zo1 zog‘ blz E1g‘tE SL6‘S bP zorrit xe) “A C161 *€r61 “C161 “E161 *MOTJEOBISSETO “1Isnony “penusju0I—SLAOdWI o19‘9f9 £09‘z6 1¥6‘Szg ooh v1 91Z‘g6F 6tr'9Z j1LZ‘SSr 69S‘Eg £96‘gtS £g9‘06 690°ggr €€r*ros preog ding pue ding poom "IA zZ1S‘6Ee S6L‘E HE 6gz'biz | Sog‘ggz gig‘6Z1 gzb‘sre ooo'Ser €zE‘QSE Ezz‘or€e gLz‘Fgz gbs‘gze Lz9‘Qzb ‘soavzyo— snosueypeosHA “AT rE6‘OvE ‘I Lgz‘Soz 9gh‘gor'z gor‘ere Soo‘Zog‘z boo‘gSS z6E‘0SQ'1 gfg'Z1S z6rre7‘t 946SS9 gor‘gg4‘z 609‘¥06 209 pourld ‘yg 10 UME “IIT ztg‘I9v z61‘ob1 6S0'ELz gcS‘gzz 9S$‘909 609‘bgt | Szo'Zgz oof ‘giz gzb‘ogS LLS‘zgr tgg‘69S 1bo‘rIcP * poompd pue sdoid Wd “IT 609'Sgi 6££‘0z boS‘ELz bbg‘os geese ob6‘gz | CoS‘zgz 6z9‘09 o$g'f1z Ori 'bz oLg‘tgt grS‘og * "O70 “Weal ‘evo ‘a— pquiy UMeH “I “SHaEWNaDAdT “dasWNGAON “aasLOLIO 210 TIMBER IMPORTS AND EXPORTS IN 1915 a rise in price of £6°7 to £84 per load. With the essentials for war operations becoming more and more difficult to supply we still continued to import ma- hogany, veneers and other unnecessary materials of this nature! It would be ludicrous were it not so disastrous. © Lastly in Group VI. (Wood Pulp) the importsin 1915 were a little less than in I913 (2,167,032.as compared with 2,296,835 loads), whilst the price rose slightly (£5,979,486 compared with {£5,283,716). The table on pp. 206-9 shows the amounts of forestry materials imported and their values month by month for the years under review. Under Group I. it is observable that the amounts imported month by month during I915 were only about one-third to a half of those imported in 1913. As regards prices the rise between January 1915 and December 1915 was {I'I per load (12,956 loads @ £101,739 to 20,709 loads @ £185,609). In Group II. (Pitwood) the increase between January and Decem- ber I915 was greater. In January 117,755 loads cost £188,046, whereas in December 140,192 loads cost us £461,632, an increase of from {£1°6 to £3'2 per load. In Group III. (Sawn and Planed) there was also a rise, the price going from £3°5 per load in January to £5 in December (167,625 loads @ £669,466 to 265,287 @ £1,340,931 in December). In Group IV. (Miscellaneous) staves fell from {9'4 per load in January to £5’9 in December; whilst mahogany, other foreign hard- woods, and veneers rose from {£6°3 per ton to {86 per ton (11,280 tons @ {£71,963 to 16,221 tons @ £140,085 in December). The imports of wood manu- EXPORTS OF TIMBER rss: factures (Group V.) rose from £107,767 in haus to £239,512 in December. This group includes furniture and cabinet ware, house frames and fittings, chip boxes, woodware and wood turnery. The import of some of these articles has been now prohibited, a step which might preferably have been undertaken a year ago. Lastly, Group VI. (Wood Pulp, etc.) exhibits a rise in price of from £5’9 per ton to £6'8 per ton in December, the amounts imported showing an increase (62,583 tons @ £373,989 as compared with 92,603 tons @ £636,610 in December). Our exports of timber, etc., materials during the past year exhibit decreases as compared with 1913. They consisted of wood and timber (rough hewn, sawn, planed) and wood manufactures, including furni- ture. In the first group there is a drop on the year from 47,363 loads @ £340,745 in 1913 to 28,260 loads @ £198,322 for 1915. In Group II. the price realised for wood manufactures fell from {2,041,640 in 1913 to £1,041,755, a decrease of exactly a million pounds sterling. These figures can only be accepted on the supposition that the export of this class of materials is now almost confined to Government war necessities, the export of all others having been stopped owing to want of tonnage. If this explanation is incorrect it would appear that Government timber exports, sleepers, posts for wire entanglements, etc., are not shown in the Board of Trade Returns. That enormous quanti- ties of these materials are being used in the war areas we know. We are also aware that we are intimately concerned in their supply—probably to a greater extent now than during 1915. Sir‘tor| — | SrZ‘cér| — | Z90'ZZ| — | Lo€'box oor‘ed| — | Cre‘esr _ x * (ammproimy Sut -pnyout) SeInpouMNUBA POOM “IT OS6'Sr | g&c'c | Lgz‘SE | bgo‘b | bob'Z1 | C6%'s | L6Z‘gz | gzG‘E | SES*Sx gSz'z | bLe‘gz zgz'é | ° . * "938 ‘saris Rape 70 ‘ames ‘umoq “‘ysnoy—rqury pue poom ‘I ‘anol “AVAL “Tludy ¥10‘06 — |96g‘Zor| — | rv€'SZ| — | obZ'orr | gtS‘6Z| — | ggh‘6gr — : * (amnpremy Sar a | -pnyoat) sainjoujnueA poom “tr % tzg‘gr | ggz‘h | ggg‘Sz | Go€‘E | cxb‘or | rZo‘r | gzr‘gz | zgg‘E | 6E‘Z1 gré‘z | Lez‘gz goo'r ‘230 lcisese f iedew* umes ‘uaoy ‘y3noy—Hqury pue poom ‘I . . . . . * . a ur “speol Sr6r €161 $161 “€r61 "S16 *€x6r TOT OGISsUl *HOUVIN AuvoUgaT *‘Auvonv[ ‘SLUOd XH 213 vz g'16| — | zIg’€gt} — | 902°46{ — | gfS'6Zr} — | bor'ZZ| — | S¥E‘zoz — Bs 3 * (ampzamy 3m “PHPPUL) SoIMyoeynueW_ POOM “IT 19S‘ow | zgf‘z | c6Z‘Ez | IvE‘E | O1Z‘6r | glee | czb*bz | go‘ | ggo‘Sr | Szg‘r | o6z'rE | ozs | ° : * "948 ‘soaRqzS ‘yds 30 ‘umes ‘umoq ‘"snoy—Pqury, pue poor, “I *ataNIAC *aaaNAAON *aagOLNO 6L5‘t0r} — | o€6'SZt| — | €06°66| — | #Er‘g99t| — bo9‘gZ grg‘eZr — ; : * (ammzramy Sar -PHPUT) sompoeynuepL POOM “IT 6r1¥‘gr | Ero'z | Llo‘r€ | 6gE‘¥ | HExr‘6r |1So'gz | CHS‘z v60'F | SgZ‘zx | 696‘r | gor*z€ levy |: : * "939 ‘saanzg ‘yids 30 ‘umes ‘umog *‘qsnoy—wquyy, pue poom *f *AAaNALAAS ‘Isa0ny “Atal a = - ~ x Ps. oe nw Pe ie oe aS a ate ee ER Le PET 214 TIMBER IMPORTS AND EXPORTS IN 1915 The table on pp. 212-13 shows the amounts of these materials exported month by month during 1913 and I915 with the prices realised. In Group I. (Timber, hewn, sawn, etc.), 2,348 loads valued at £17,394 were exported in January as com- pared with 2,362 loads valued at £20,561, the price rising from £7°4 per load to £8°7. In Group II. (Wood Manufactures) values only are shown in the Board of Trade Returns, the amounts realised for January and December 1915 respectively being £79,538 and {91,824 —a slight increase only. PART IV THE EMPLOYMENT OF WOMEN IN FORESTRY XV WOMEN AND FORESTRY! I AM very grateful to the Edinburgh Franchise Club for affording me an opportunity of placing before them some aspects of the forestry question in the country and the directions in which, as I think, women can give us very considerable assistance. Some of you may be aware that there exists, amongst other economic problems in this country, a forestry one. This pro- blem is, or has proved in the past, somewhat com- plicated since it has seemed to contend with or threaten other vested interests. It will also necessitate the expenditure of a certain sum of money. And in what- ever form this money may be subsequently laid out it has first to be secured. A treasury is always a difficult place to delve for gold in, and a Government Treasury often the most unproductive of all. I do not propose to trouble you with the history of the afforestation question in this country. Whatever 1 A lecture delivered before the Edinburgh Franchise Club on February 2, 1916, 16 215 216 WOMEN AND FORESTRY it was it is in the past, for one thing and for another the Great War is bringing about so great a change in our economic problems that in most cases the point of view from which they were approached before the outbreak has entirely altered. To some extent this is true of the afforestation question. And I for one believe that it is of the first importance that the women of the country should now make it their business to learn the nature of the forestry problem, to grasp the directions in which it can be made to help in the economic life of the nation, and then to use the whole strength of their influence to see that the desired ends are attained. Women can help in forestry in more ways than by actually performing the work of foresters or forest labourers. Forestry is now becoming a vital question to us. It had a very considerable importance before the war in view of the fact that we import a very large amount of timber and other forest products. It may surprise you to learn that £42,000,000 sterling worth were imported in 1913. And large industries depend on this amount of materials coming into the country. We could grow ourselves a considerable proportion of this material on what is at present virtually un- productive ground, that is, land bringing in as little as 2s. to 2d. per acre or less. As I have indicated, the matter was important before the war. As a result of the Great War it has become a vital necessity that this forestry business should be understood by the public at large and that it should receive at the hands of the Government the attention it demands in the interest of the nation. Women can aid in this work. ee “NOT A FORESTRY NATION” a7 We are not a forestry nation. For instance, how many of us have ever given a thought to where the common wooden articles of the household come from ? It would probably be a puzzle for many housewives to say where the bundle of firewood, the ordinary kindling, comes from; how it is grown; or how it gets into the form they commonly know it by! And if difficulty is experienced in furnishing a solution to this simple conundrum, the more difficult ones in connection with our timber imports, on which this enormous sum of £42,000,000 annually leaves the country, may well be looked upon as insoluble by the average woman Or man. Now though we are not a forestry nation in that we do not grow the materials we require, before the war we imported about half the total forestry imports of the world and the British timber markets ruled those of the world. All imports, mind you! What we grow in these islands was a negligible factor on the market in pre-war days. And yet we have ‘millions of acres of waste land—land which if planted would maintain a very considerable population on the soil, a population which previous to the war was, as we all know, emigrat- ing in hundreds and thousands. 3 I may be told that woods, the maintenance of woods managed commercially, do not employ as much labour as agriculture. Granted. They do not in the actual working. But there is no idea of planting up agricul- tural lands. The millions of afforestable land in this country are worthless from an agricultural point of wiew, and no outlay of capital could make them a paying concern agriculturally. 218 - WOMEN AND FORESTRY But a considerable part of them can be made a paying proposition from a commercial forestry point of view, and it is now an urgent duty on the part of the Government to tackle this matter in a broad statesman- like manner. In the interests of the nation and of our children we want these millions of acres placed under trees, in as short a space of time as possible. It will be a sound investment and the nation will no longer be at the mercy of the foreigner, as is the case atpresent. And then remember that once you have a large area of woods in a country, factories dependent on these woods, pulp mills, furniture factories, saw mills, etc., appear and provide labour for a considerable popula- tion, and labour which lies away from the large cities ; since these mills and factories are erected as con- veniently close to the forests as possible. The agri- cultural population is also favourably affected by the presence of considerable areas of woods in their neigh- bourhood, for they can find employment in the woods in the winter, when most of the forest work is done, to supplement their farm wages at the other periods of the year. Further, they can occupy the long winter evenings in making toys. In all the continental forestry countries, in Germany and Russia for ex- ample, this toy-making industry is a considerable source of profit and provides welcome additional money to the field labourer, Our position in this toy-making industry has been brought sharply to the notice of us all in these days of stress, The import industry of cheap toys made in Germany and elsewhere abroad was brought to an abrupt end by the war, and the grotesque exhibitions of our capacity in this direction TOYS 219 were in evidence last winter. We shall of course im- prove on this, have already improved on it. But so far as the toys requiring wood are concerned, and their number is legion, we have not got the wood in the country and you cannot expect to get the cheap toys made in afforested countries if you have first to import your wood to make thém and pay the cost of importa~- tion. We all know how extraordinarily critical the child is in all that pertains, I was going to say, to its welfare, but I will limit myself to one branch of its life only, its amusements. Very early in life the child com- mences to form its own opinions on this subject and any departures from what in its own mind it considers to be the normal state of affairs are met by criticism which we have all probably at one time or another found it extremely difficult to explainaway. Many of us must, I think, have had some uncomfortable moments to face over this matter of the children’s toys since the outbreak of war. It was but one of the numerous directions in which we depended entirely on the foreigner to provide our requirements. And more especially was this the case with the enormous depart- ment of the cheaper toys which after all are all that the greater number of children of this country have any acquaintance with. It is difficult to picture the amount of sorrow, small sufferings if you will; but looming very large in the childish ‘mind, which must have been experienced by the childhood of the nation since the well-known, eagerly welcomed, and, for their price, exquisitely made foreign toys failed us with the outbreak of war. Women naturally, ever in the fore- 220 WOMEN AND FORESTRY front where the child’s welfare and happiness are con- cerned, came to the rescue at a very early stage, and extraordinarily good work in this, for us an entirely new industry, has been accomplished. But*in all cases where wood has been required for the purpose in view, good work was an impossibility. For one thing good seasoned material is a necessity. Such material as was available in the country was quickly absorbed for the important military and naval requirements. We have only an odd 3,000,000 acres of woods in this country, mostly kept up for sporting or ornamental purposes. What these can give has been required for national uses, pitwood for the mines, to mention a necessary article known to us all; since without it the supply of our household coal would fail us. And “we all know how the price of this commodity has jumped up with the enhanced price of this pitwood and for other reasons. To give you one instance of a toy which is dependent ‘on wood. Take the ordinary box of bricks. I tried personally last year on more than one occasion, and others tried for me, both in Edinburgh and London, to buy a box of bricks, the ordinary wooden bricks so dear to the heart of the child ; and with which, by the way, it may be kept happily and peacefully quiet on the floor whilst one sits equally peacefully in an easy chair absorbed in paper or book. The old box of - wooden bricks, beautifully made of seasoned wood, was not to be had for love or money. The one actually secured was, from the child’s point of view, very short weight. The bricks won’t stand up, they won’t sit down, not flat that is, and one has grown tired of trying LAND AVAILABLE 221 to apologise for them. A volume in favour of afforesta- tion could be written out of the criticisms of a child on this ill-made box of bricks alone. But you will ask, What has that to do with Women and Afforestation? It is admittedly a very small link in the chain, but still it is a link. From it we realise, the women of this country can be shown how to realise, how entirely dependent upon forestry im- ports of all kinds, even down to the child’s WEES toy, we were at the outbreak of the war. And we, and this is the point, we have in Great Britain and Ireland some 16,500,000 acres of mountain and heath land much of it suitable for afforestation ; in other words suitable to grow the wood from which our box of bricks could be properly made; and in- cidentally pitwood, wood pulp and other much needed materials. To take what may really I think be con- sidered a minimum—there are 5,000,000 acres of land in this country which could be more profitably used for growing crops of trees than for any other purpose. How does this affect the women, the bulk of the women in this country? It affects them in this way, and this is my first point. The air at the present time is full of the thrift crusade. We are told to economise, to save, to refuse to buy or consume imports of all kinds, to do this and that. This is more or less a personal matter, a crusade in the home. It is of the first importance and we are doing our best. But as I see it there is another crusade of equal importance. And this crusade has to do with the conservation of the national resources, with a full utilisation of these national resources. 222 WOMEN AND FORESTRY _ We have in’this country this large area of land lying unutilised. This is not thrift. Government Com- mittees and Royal Commissions have sat upon this afforestation question during the last twenty-five years and nothing has come of their sittings. Urgent as the question was before the war, it is doubly urgent now. It will be a national crime if we allow these millions of acres which could grow fine woods and employ a considerable population to lie derelict any longer. What can women do? It is said, I with my Indian experience fully believe it, that India isruled from behind the purda. In other words, that though Indian women for the most part are not seen in the streets, have in fact no personal contact with the outer world, yet they assuredly rule that world through the men in spite of the purda. Well, I believe that true as this is for that great land of mystery, India, it is equally true with the Western nations. We men do not seem to have been able to get Government to do much in this forestry question. We hope to do so now with the powerful help of the Development Commission. But if we enlist the women of the country on our side and if they will really work for this useful cause in the interests of national economy, in the interest of their children and grandchildren, we may feel even more confident of success. I now turn to the importance of the afforestation question from the point of view of the labour it will employ. Here I hold strong opinions on the value of employing women in a no inconsiderable portion of the work EMPLOYMENT OF WOMEN 223 connected with the woods, both in the superior grades and the inferior or labouring classes. Before the war I should have now proceeded to deal with this aspect. As an outcome of the war, however, I have first a suggestion to make to the woman and a plea to make to her unselfishness. She will, I trust, help us to get women to take up forestry work as a work in which they can find useful and congenial employment and help us to disabuse the minds of many of the sex of their dislike to occupations connected with the soil and to show them what possibilities lie open to them in forestry work. But before dealing with this question I would ask the women to remember another reason for giving their aid to this afforestation matter. If the question is taken up in the near future as it should be, and on the scale it should be, it will afford, in some of its easier work, employment to hundreds of partially disabled soldiers and sailors who, having fought their country’s battles and been maimed in doing so, can never hope to resume those occupations which they were fitted for before they went to the front. If women will, as I hope, take up the afforesta- tion crusade I have no doubts as to the place they will give these incapacitated men in their pro- gramme. I will now turn to the employment of women—I hope I have not unduly exercised your patience in getting there—and to the openings which exist for women in forestry work. It will be best perhaps to consider first the possi- bilities in front of the labouring classes. The employ- ment of women in this direction is no new idea in 224 WOMEN AND FORESTRY Scotland. A decade or so ago women were employed in some of the Scottish nurseries, but they gradually fell out and gave up the work. Since the war com- tmenced they have taken up the work again. During the season of 1914-15 complaints were made by the nurserymen that the attendances were very irregular. But in one instance at least-the women were exonerated. The weather was bitterly cold and wet and the nursery was several miles—three to four—from the town in which they lived. If women are to be employed in forestry work it will of course be necessary that they should be suitably housed in the vicinity of the nursery or woods, and further—an important point in my estimation—that the hours should be so arranged that they can get home to have good meals and to perform that household work which is of such enormous im- portance in the welfare of the home and in the up- bringing of the children. It is, I think, more than probable that the question of the employment of women in occupations connected with the soil has never been approached from the proper standpoint in this country. Conditions different from those suitable for men will have to be introduced if success is to be assured, and a question of the very first im- portance is, and I am sure every woman will agree, that both in housing accommodation and in the hours allowed for meals and household duties, their necessities should be studied. This is one direction in which women can greatly assist, for unless it receives adequate recognition it is difficult to perceive how much progress can be made in this question of the employment of women and girls in forestry operations. WORK IN THE NURSERY 225 _As regards the work itself. It may be considered under two heads: (a2) Workin the nursery, and (6) Work in the woods. (a) Work in the Nursery.—In this country as in many parts of the Continent the young plants required for the formation of new woods are raised in an area of ground termed a nursery. The commercial nursery- man will be known to you al]. Many of.these large nurserymen raise as part of their stock-in-trade young trees for sale. Some confine themselves almost entirely to this work. The larger landed proprietors of this country who maintain a part of their estates under woods usually possess a private nursery of their own in which they raise the young trees required for their operations. On the Continent numerous large com- mercial nurseries exist, and owing to the fact that they largely employ women and girls for their work, and that labour is usually cheaper than with us, they are able to undersell us in our home markets, or they were able to do so up to the outbreak of war. Whether the Continental plants are as good as those grown in our home nurseries or whether plants grown on the Continent and subsequently planted out in this country produce as good trees or as good timber are points upon which many experts have grave doubts. Any- way, the war has changed our outlook in many direc- tions, and in the future we should learn to produce all we require in this respect in home nurseries and not spend money abroad which could be earned by our own people. You will ask what is the nature of the work to be performed in a nursery maintained for the raising of 226 WOMEN AND FORESTRY young trees and in what respects it is suitable for women. The description of the work required will, I venture to think, provide the answer to the question of its entire suitability to women. In fact, in many ways women will be able to do some of it better than men and with more care than boys. We will consider briefly the rearing of the young tree from the seed until it is planted out to form the plantation. | The area of the nursery is divided up into division which consist of seed beds and areas or breaks in which the older plants are placed until they have reached the age at which they are to be removed into the woods. These areas are managed on a rotation, one or more in their turn lying fallow for a year, or more usually having a crop such as potatoes taken off them at this period. In any year an inspection of such a nursery in the summer will show a certain number of seed beds in which the young seedling trees are being raised. The breaks will contain three- or four- year-old trees. In the winter and early spring when the heaviest nursery work is in progress certain areas will require to be deep trenched. This work is not . beyond the powers of a robust woman, but for our purpose here we may leave aside the question as to whether it should be done by the man er woman. _ During suitable weather in winter the breaks con- taining the four-year-old plants, as also some of the three-year-old plants, will provide a good deal of work. The plants are dug up, sorted out in sizes and done up into bundles and packed for transport to the spots at which they are to be planted out. In a commercial SEED BEDS 227 nursery this packing requires to be done with con- siderable care as the parcels of plants may have to travel long distances to their new destination. The sizing of the plants in itself takes time and requires some care, work which women could be depended upon to do and do well. The smaller plants will probably be placed to one side to be put back into a break to spend another year in the nursery All weakly ones and diseased plants will be collected into heaps and burnt. Their elimination is desirable on all counts. We have now to consider the preparation of the seed beds. The areas required for sowing the seed are far smaller than the areas termed breaks. The seed bed is usually 3 feet 6 inches to 4 feet wide raised above the ground surface and has on either side a narrow alley which permits of the bed being weeded later on. The soil of the seed bed has to be carefully and finely pre- pared, a work which women could be easily trained to perform. The seed is sown uniformly over the surface or in drills, rolled in and a covering of earth spread over it, the thickness varying with the size of the seed. A light roller is then drawn over the bed and this part of the process is finished. But not so the attention required on the beds. Almost from the time of sowing the seed and throughout the summer the beds require constant weeding. Boys have usually been employed in the past, boys whose fingers are often all thumbs. For such work women or girls with their deft fingers are eminently more desirable. They would not only do the work better, but would bring to it a greater patience. For it is so easy to pull up the small tree seedling instead of the weed. And the careful weeding 228 WOMEN AND FORESTRY of the seed bed is one of the most important factors to the success of the seedlings. The seedlings remain in the seed bed for two years, so that there are two years’ weeding to be done in them, and in any big nursery there may be many yards of beds, some in their second year and othersin their first. Before the seed is sown, usually early in May in this part of Scotland, the work of transplanting the seedlings which are two years old will have been finished. This work is undertaken during the late winter whenever open weather favours its performance. The young plants are carefully dug up with a fork and sized, usually two sizes are sufficient, all weakly and diseased plants being burnt as useless. They are then “ lined out,’’ as it is termed, in the breaks ; that is, placed in rows, the larger and stronger plants separately from the smaller ones. This involves a good deal of labour when your plants are numbered by the thousand, for it will be evident that a few yards of seed bed will produce several thousand plants. The lining out involves digging a trench with a vertical wall on one side, the placing of the young plants against this wall with their roots hanging down freely (the trench must be of the requisite depth to permit of this), filling up the trench and treading down the earth firmly so as to prevent all chance of the young plants shaking or wobbling after being subject for a few hours to a strong wind. Row upon row of these young two-year- old plants have to be lined out in this manner, and in a large nursery this work involves a good deal of labour. But it is work which is well within the capacity of women, and I believe they will do it better than the average boy or young man. The young trees, trans- [gzz ‘MOHLAY Ad SOLOHQ ‘VIOI HOUVIT ‘SINVIdSNVU], LAO ONINI'TT YOA ACVAY VAUY NV AUAAOC ONINAOLT SINAGNALS AUYLSHAOY ALISHAAINS) HDUNANIAGY ‘FIOI HOUV ‘ANASMAN TIAMAAV] ‘HOUVT GIO-AVAA-OM], LAG ONINIT ‘bIOI HOUVIN ‘P1IOIl HOUVI ‘HOUVT ONNOX AO ANVUNG ‘HOUV]T DNOOXK : AMASHAN TIAMAAV’T : WUIHSHINAd ‘ATINNAC ‘AYASUAN TIAMAAV’T ” oe . : . . tn, Wee, Pee” Name ie WORK IN THE WOODS. 229 plants they are called, remain in the break for one or two years according to whether they are planted out to form woods as three- or four-year-old plants. The breaks will require hoeing between the lines during the summer to remove weeds and let in air into the soil. I have given above briefly the main outlines of nursery work. There are numerous other jobs, as must be the case in work of this kind, which can be adequately undertaken by women. In fact, in my opinion the main portion of the staff of a nursery would better consist of women and girls than of men and boys. They will require training, but so do the men and the boys. This year will perforce see many women employed in nurseries, and whether they take | a liking to the work, for an aptitude they surely possess, will depend upon whether due recognition is paid to their comfort and necessities, which must be different from those of men and boys. . (6) Work in the Woods.—At first sight it may appear that there is little place for women’s work out in the woods. If we confine ourselves to the popular idea of the work of a forester, that he must be always cutting down trees—few seem to realise in this country that the trees have first to be planted, and that is probably the reason we have so many million treeless acres—if, I say, we only consider the one aspect of forestry, that of felling trees, it may be conceded that the women would not be as much in their element here. But there is not in my mind, or in the minds of any of us I trust, the idea of eliminating the mere man alto- gether, either from the woods or any other walk in life. Out in the woods, anyway, he will have to 230 _ WOMEN AND FORESTRY remain : for admittedly there, there exists certain work, felling, fencing, draining, and so on, which requires a muscular physique and great stamina. But there is plenty of other work in the beautiful woods which women can undertake. Those of you who have any acquaintance with the forests of Germany, France, or other Continental nations must often have met women at work in the woods. I doubt however whether you have often done so in this country, save perhaps collecting a bundle of dead sticks or picking black- berries. But there is plenty of work for the women. To start with we will follow our young four-year-old plant to its new destination. It arrives at the area on which it is to be planted. If the work is properly done it will be planted in a hole made with a spade of some shape or other. The work of preparing the holes is usually the work of a man, because the soil on which plantations are usually made is often heavy, may be stony, and may have masses of roots init. This is heavy labour requiring, for a long day’s work, the digging of a thousand holes we will say, a man’s stamina and strength. But the planting of the plants in the holes, the filling in the thousand holes made by the man, can be as well done by the woman or girl. It is not heavy work, but according as to how it is done will depend the after success or otherwise of the planta- tion. This is one job then that women can assist in outinthewoods. Thesowing of acorns in patches and lines direct in the woods can also be done by women. We will still remain with our newly planted tree. During the first year or two of its life it will have to DISEASED TREES 23% struggle with a tangle of weeds of varying density. It will require help, and the giving of this help by freeing it once or twice during the’ growing season can equally well be done by the woman. Broom, whins, grass, young birch, bracken, etc., may all require removal in favour of the young trees on the area. A plantation of several hundred acres will provide a good deal of work. Again, disease may attack the young plants in early life. Plantations require careful inspection in this respect and the cutting out of all diseased plants, which should be burnt. Also from one cause or another some individuals in a newly formed plantation may die out in the first year or two of their life. All blanks occurring in this fashion require filling in with fresh live plants, work a woman can easily perform. Young plantations of conifers are apt to be attacked by insects. A weevil is es- pecially bad in parts of this country. It breeds in all felling areas and from here the mature beetle spreads into newly planted areas of young trees and infests and kills them. A variety of traps are made use of to get rid of this pest. In Germany this work is usually in the hands of women and girls. The larch sawfly is another pest which women could attend to success- fully. Birds, black game, animals,e.g. deer, also commit injury in. plantations. Preventive measures are in force to combat them which women could attend to as well as men. Barking felled trees can be done by women. In fact it may be said at once that the ém- ployment of women in the woods would enable a good deal of work to be attended to which in the past has perforce, owing to a paucity of establishment, been 17 232 WOMEN AND FORESTRY left undone or done ill, to the detriment of the woods themselves. _ I now come to the last part of my subject, one which in some respects is one of the most interesting, the training of women in the higher branches of forestry, the training of women as foresters. I have already dealt with this subject at some length in a paper in the Englishwoman for December last,’ so may confine myself to briefly stating the chief aspects of the case as they appear to me. The life of a forester is pre-eminently an open-air one. A good executive officer will spend the greater part of each month out of doors in the woods. This of itself makes the profession a fascinating one for those who prefer the open air to the desk. But at the same time it renders the possession of a good physique, good health, and active habits indispensable. Girls, the modern girl at any rate, may be considered to possess these attributes to much the same extent as young men. In addition, the would-be scientifically trained forester requires to possess a love for nature as it exists in the woods combined with powers of close observation. These latter the education of the forester endeavours to stimulate and bring into full play. How is the executive forester, that is the man who has charge of areas of woods, trained ? The education of such has been brought to a considerable state of development during the last few years, thanks to the liberal manner in which the Development Commis- sioners have aided in this matter. Here in Edinburgh a ere of B.Sc. in Forestry is conferred, whilst Oxford 4 Vide Article XVII. ACADEMIC QUALIFICATIONS 233 and Cambridge and other centres grant a diploma in the subject. It may be regarded as tolerably certain that in the future the possession of a degree or diploma in forestry will be looked upon as an essential qualification for any young woman or man aspiring to obtain an executive post in the management of woods in this country. The candidate would not of course aspire to obtain charge of an area of woods the moment the de- gree had been obtained. He or she would have to serve a probationership as assistant in such a charge, as is the case with any youngster entering one of the State forest services existing in afforested countries in Europe and elsewhere. But the possessor of a degree would aspire to take rank in the superior grades and not commence in the subordinate ones. The curri- culum for a degree is an eminently practical one. In Edinburgh it includes courses in Botany, Zoology, Chemistry, and Natural Philosophy; and advanced courses in Forest Botany, Mycology, Forest Zoology, Forest Engineering and Surveying, Forest Chemistry and Geology, with Forestry Elementary and Advanced. Three years’ work are required to obtain the Edinburgh degree. The purely forestry portion of the curriculum involves two years’ work (the second and third years of the course) including practical courses of from six to seven months altogether. The practical courses are designed to give as thorough a training as time permits in the manual part of forest work, both in the nursery and in the woods. This work we have already briefly considered. The student is made to do with his own hands all these manual operations on the principle that a man cannot be fit to give orders unless 234 WOMEN AND FORESTRY he knows how the work should be actually performed. In Scotland we have magnificent nurseries and areas of woods available for this purpose, whose proprietors give us a cordial welcome and permission to make full use of them. In England the Forest of Dean now forms a fine Demonstration Area. The advanced prac- tical courses teach the student how to survey areas of woods, measure up the cubic contents, how to carry out thinning operations, and finally how to prepare scientific plans for their management. Nor is the pro- tection of the woods from the various dangers—insect and fungus and so on—forgotten. The only portion of these practical courses that is likely to overtax the woman is heavy trenching work with the spade (though I know of instances where she can put many men on their mettle in this direction), and the use of the heavy axe and saw in felling trees. But though it is important that the ex- ecutive forester of the future should know how these operations are performed she will not herself have to actually do this work. Hers will be the brain which will control and direct the operations to be carried out in the woods. Therefore it should be possible for the woman, by using lighter forms of these tools, to make herself sufficiently acquainted for all practical purposes with the correct methods of using the spade, saw, or axe during her practical courses. Lastly as to the work of the forester. The above sketches will, I trust, have afforded some knowledge of his operations. But the life is a very diverse one. The forester is always at school, for the better he is acquainted with the varied life of the woods, veget- Weipa <a :<0 1 vena hon ek a) en ae THE FORESTER’S LIFE 235 able and animal, the greater knowledge he possesses on the habits of his trees and the localities in which they grow, the better forester he will prove and the better the results he will show. He has opportuni- ties, perhaps better than fall to the lot of most, for carrying out research work in one of several distinct branches. He may be interested in or develop a love for botany or mycology, entomology or forest en- gineering, with which is associated that important branch connected with the extraction of the materials from the woods in the cheapest manner. There is room for much work in this direction in this country. He may be of a mathematical turn of mind and carry out studies into the methods of calculating the yield which different soils and species can produce; or forest economics and the utilisation of the various products of the forest may claim his interest; or finally the law of the forest, its connection with the civil and criminal laws of the country, and the numer- ous loopholes it affords the forest offender of escaping from all penalties, may provide a fascinating and intricate study during hissparehours. All these forms of forest research exist. All are within the powers of women to assimilate. And, so far as the forests and woods of our great Empire are known to me, all of them offer opportunities to the young scientifically trained forester to make a name for her or himself. © XVI THE EMPLOYMENT OF WOMEN IN FORESTRY! THE MANUAL PART OF FOREST WORK THERE are few industries in which conservatism is so strong as those connected with the soil. The con- servative nature and strong prejudices of the farmer, and the grave suspicion with which he regards the employment of new methods, have become a byword. What is, perhaps, not so well known is the attitude of the forester with respect to innovations. We foresters are, in many respects, very much, if not quite, as conservative as the farmer. As a general rule, the forester looks with suspicion at new methods of sowing seed in the nursery, of lining out young transplants, planting out the young trees to form woods, and so on. There is, of course, a good deal to be said in his favour. If he has won success in the past by employing his own or certain well-recognised methods, why imperil such success in the future, even if the prospect is held out of greater returns—returns which he himself cannot hope to live to see? For the forester’s life and work are 1 This and the succeeding article appeared in the Englishwoman for June and December 1915. They deal with the subordinate or manual and executive or supervising branches of forest work. I have deemed it best to leave them in their original form, although this involves some slight repetition of the preceding article. 236 A SLOW PROCESS 237 apart and distinct from most industries. He has no prospect, as a general rule, of reaping the fruit of his labours. He raises his young trees in the nursery, plants them out, and watches the first stages in the life of the resultant wood. Since the life or rotation of this wood may be anything from sixty to over a hundred years, this is the utmost he can hope to do. Succeeding generations will glean in the harvest, and praise or vilify his memory according as that harvest is good or bad. Now, this conservatism of the forester is good in some ways and bad in others. To a great extent it keeps him from the temptation to gamble by planting on a large scale exotics of all kinds whose success in their new environment is very problematical. It also prevents him from experimenting, to any dangerous degree, with systems of forest management with which he is ill-acquainted, and which, therefore, in his hands would be foredoomed to failure. The converse of this, however, is equally true, and systems of management quite applicable to one set of conditions are kept on when these conditions have completely changed, either by differences in markets, introduction of conifers for broad-leaved trees or vice versa, increase in wages and reduction of available amount of labour, and so on. | A direction in which the conservatism of the British forester has certainly led to an increasing and, perhaps, unnecessary expense in forestry operations—and this is the point which it is proposed to deal with in this article—is to be found in the nature of the labour he employs. There is a certain amount of work con- nected with forestry at present performed by men and 238 EMPLOYMENT OF WOMEN IN FORESTRY youths which could be equally well carried out by women and girls—in fact, some branches which could not improbably be done better by these latter. The employment of women, in forestry operations at any rate, is not the usual practice in Britain ; in fact, it is exceptional. On the Continent, on the other hand, it is quite common. In Germany, for instance, a fair proportion of forestry work is carried out by women, and very excellently it is done and at a greatly reduced cost. In the large commercial nurseries abroad, female labour is made use of to a large extent, with the result that the wage-bill is kept down, and the plants raised can, and do, undersell in our markets those grown in this country. Doubtless, nurserymen with us would be willing to follow their Continental brethren in this respect could they obtain trained women and girls. In some cases this has been done in the past, and the war, with its resultant scarcity of ‘male labour, has forced some to try again. In answer to inquiries instituted, the manager of a large Scottish commercial nursery writes (in 1915) on this matter as follows: “‘ Up to ten years ago we employed women and girls very largely for weeding and lining out. Since trawl- fishing became such a big industry up here it has been quite impossible to secure women for light nursery work, and we have had to rely more or less on lads from fifteen to eighteen years of age. This spring any amount of female labour is available, but so far we have found it not altogether satisfactory, owing to the want of regular attendance on the part of the women.” The reasons given for the want of regularity in attendance were the prevalence of bitterly cold, wet RESULT OF ONE ATTEMPT 239 weather, and the distance—three to four miles—of the nursery from the town where the women lived, there being no housing accommodation in the vicinity. The women were paid 12s. per week, free insurance, with car fare home—~.e. practically 13s. per week for a week of fifty-six hours. Extra time on Saturday was paid for at 3d. perhour. The manager stated, as his belief, that had the weather been more genial last spring the women would have proved more regular in attendance. He stated that he would be able to employ twenty to thirty women from April to October this year (1915), and had no doubt that he would be able to train a good women staff lateron. The few women who lived near the nursery and could get home to their meals proved most willing, active, and satisfactory workers. The above report would appear to place this matter in a nutshell. Generally speaking, throughout the country it has never been approached in a spirit that would spell success. If women are to be employed satisfactorily they must be housed in the vicinity of their work, so that they can, as a rule, get home and have proper meals, and probably attend to domestic duties as well. They will, not unnaturally, require slightly different treatment to men; but their cheaper wages should make it well worth while to attend to such requirements. But employment in the nursery is by no means the only direction in which women can be used in forestry operations. A most crying need is to cheapen the cost of the lighter work out in the woods as well as in the nursery. For with cheaper rates the former class of work will be more efficiently done than is the case 240 EMPLOYMENT OF WOMEN IN FORESTRY very often at present, because it will be possible to devote more time (7.¢. labour) to it. It is at least open to doubt whether in normal times, labour (7.e. the class of labour required) for carrying out the large planting schemes which should be put in force would be available if we adhere to the con- servative practices of the past, and rule out of con- sideration the employment of women and girls in forestry operations. It has been stated that in some of these latter, women could do as well, if not better, than men. To make this contention clear it will be necessary to glance briefly at the various operations connected with forestry work in this country in which women could be employed. Our plantations are for the most part what is termed artificially formed— i.e. the young plants are raised in a nursery, and planted out when old enough, usually three to four years, on the area on which the wood is to be formed. According to the distance apart at which the young plants are spaced, which varies with the species, eleva- tion, etc., from 1,750 to 3,500 plants will be required to the acre. It is quite easy to reckon, therefore, that if planting operations on any large scale are to be undertaken by artificial means, millions of plants of the requisite age will be required, and will have to be raised in nurseries. Two distinct forestry operations are dealt with above—the raising of plants in the nursery, and their planting out to form woods. During the early life of the young plantations a certain amount of supervision work is necessary. A heavy growth of weeds may threaten the young plants with suppression and death during the first two or three years. The eee ee i er re THE FOREST NURSERY 241 young trees may require protection against pests, such as insects, birds, deer, and so on; they require to be carefully inspected for disease, such as the common larch canker. All this class of protective work comes under the category of ‘‘ light’ work. The above instances of the lighter parts of forestry operations will serve to show that in certain directions there is work which could be easily performed by women; work in fact, which they could do at least equally as well as men, and on which it appears rather a waste of labour to employ the latter. We will glance at the operations I have sketched above in greater detail. The Forest Nursery.—In the nursery there is a certain amount of heavy work connected with trench- ing the ground, and so on, which requires to be done by men. This, however, only occurs at one season of the year, and forms but a fraction of the work carried on in the nursery. Once the heavy trenching is done, the upper layer of soil requires to be broken up and reduced to a fine consistency—light work which can be done by women. In the spring, seed-beds are pre- pared and seed sown. Seedlings, one or two-year-old, are lifted out of past years’ seed-beds and transplanted, or lined out, in breaks. The trenching of these latter areas will have been previously done by men, but the work of lining out the seedlings at so many to the yard in the line, and with a prescribed distance between ‘the rows, is work that can be done by women. Owing to the fact that the latter are, as a rule, lighter-fingered than men or youths, it is work that can be better and more quickly performed by them. As the wage-bill 242 EMPLOYMENT OF WOMEN IN FORESTRY would be less, we could raise, buy, or sell our plants at cheaper rates per 1,000, and they should have at least equally good roots as those transplanted by men, and in all probability would have better ones. Transplanting and sowing work over, there comes the heavy work involved in weeding. A great part of this work is done by lads, and it would be interesting to know the proportion of seedlings pulled up with the weeds during a season’s work. Admitted that one finds occasionally a clever-fingered youth; but the average in this respect could in nowise compare with the average in the other sex. Moreover, a number of the seedlings of our trees are excessively small when they first germinate and during their first year’s growth. Surely if there is a work at which women and girls should excel, it should be this job—a most important one in a large nursery. There are numberless other operations in the nursery which could be equally well performed by women and girls with at least as good results. Turning now to the woods: it may appear that here at any rate is man’s work, if only for the reason that the manual labour connected with fell- ing, converting and carting of timber, making roads, fencing work, and so on, is heavy. It may be at once admitted that this side of forest work is particularly that of the man. But there is a variety of light work in which there does not appear any adequate reason why women should not find employment. This work varies, both in nature and the season at which it has to be done. For instance, in planting out young trees: the manual work connected with the preparation of WORK SUITABLE TO WOMEN 243 the holes in which the plants are to go, often heavy, in stiff or stony soil, is man’s work, and can be done by a squad of men. But experienced women or girls could plant the trees in the holes thus prepared at least as well as men or lads, and perhaps would be apt to be less careless than the average man. For if the young tree is to grow and thrive, it requires to be put. into its new position with some degree of care. In- attention to these requirements is responsible for at least 50 per cent. of the deaths which occur within the first year of the life of a young planted wood. Then, as has been already mentioned, there is a considerable amount of work in connection with the protection of the new-formed wood. During the first year a dense growth of coarse grass, weeds or bracken, etc., may grow up on the area, especially on the portion immediately surrounding the plant, where the soil has been newly turned over. This will require cutting back during the summer, and the operation may have to be repeated in the following year. Broom, whins, etc., may require like treatment, as also young birch, which come into young woods by means of blown seed, and thrive with amazing per- sistency in this country, and require cutting back. — Again, the young plants may become diseased early in life.. This is particularly the case with young larch, which get cankered. Searching for such diseased trees and cutting them out is light work, and could be easily done by women. Young plantations of conifers are liable to attack by insect pests. One insect, a weevil (Hylobius), is a particularly bad one in many parts of Europe, and in 244 EMPLOYMENT OF WOMEN IN FORESTRY our own country. It infests and kills young conifers in newly formed plantations, especially Scots pine. Traps of various kinds (it is unnecessary to detail them here) are made use of to attract and capture this insect, and these traps require to be set in position, and also to be visited at intervals, in order to collect and kill the insects attracted to them. The larch saw-fly is another pest which can be attacked with success at a certain stage in its life-history. The depredations of birds such as black game, and animals such as deer, etc., can be circumvented by either tarring the terminal shoots or whitewashing the terminal buds of conifers; or, as is done in Germany, by fixing a small metal clip to the terminal shoot which pricks the deer’s nose when bending down to feed on it. All these, and other operations, are carried out by women and girls in Germany and elsewhere on the Continent, and the work is done cheaply. The present would appear to be an excellent oppor- tunity for considering whether a commencement cannot be made in this direction in this country. Forestry is an expensive business with us. To some extent we make it expensive for ourselves, and then are unable to understand why we cannot compete with the foreigner. We preserve our rabbits, which eat off year after year all the young naturally germinated seedlings, get into the plantations and destroy numbers of the young plants planted out at con- siderable expense, or wound them by gnawing the bark, with the result that disease gets in; and finally necessitates the tremendous s,s of netting every acre planted. DISTRIBUTION OF WORK | 245 Also, we only employ men and youths in forestry work, when there is a large amount of work which could be performed at least equally as well, and some of it perhaps better, by women. We hear a good deal and read a good deal about the registration of women for employment during and after the war. Surely one direction in which women could find employment in this country is in the lighter portion of the work connected with the industries of the soil! And one of these is forestry, a business whose importance to us and our industries in this country will be one of the factors which the war will bring into great prominence.’ Stress has been laid above on the cheaper rates at which work in the nursery and elsewhere could be undertaken by the employment of woman labour. The cheapness, however, is a relative one only. It is not suggested that the woman should necessarily be paid at a cheaper rate than the man for the individual piece of work done. Provided the work were equally well accomplished, the rate paid should be a uniform one to be earned by whoever performs the job. So far as forestty is concerned, the disparity be- tween the sexes is one of physique only. In forestry operations the labour supply is usually a difficulty. Thus, men have to be taken off their heavier, equally important, and more legitimate work in the woods at certain seasons to perform the lighter and cheaper forms of work in the nursery, etc., which the women could do equally well, if not better, in some cases. 1 This was written in April 1915. There can now be little doubt after twenty-two months of the war, of the importance of the forestry industry to this country. 246 EMPLOYMENT OF WOMEN IN FORESTRY This article has been of a purpose confined to a consideration of that part of forestry work performed | by thelabourer, or woodman, as he is generally classed, | although, of course, there are degrees or grades of woodmen according to experience, from the young assistant and apprentice upwards. In a succeeding article it may prove of interest to glance at the openings in the higher grades of forestry—in executive and ad- ministrative work, and so on—which it appears possible might be open to, and filled by, women. CHAPTER XVII THE EMPLOYMENT OF WOMEN IN FORESTRY—continued THE EXECUTIVE OR SUPERVISING BRANCH OF FOREST WoORK In the previous article consideration is given to the question of the employment of women and girls in certain branches of the manual part of forestry work in which, so far, men and boys have been solely employed in this country. It was there mentioned that it might prove of advantage to consider the problem of openings for women in the higher branches of forestry—that is, openings in the executive line. That this question of the employment of women in work connected with the soil is already receiving attention will be apparent from an article in Country Life (May 29, 1915), by Miss Haldane, entitled ‘‘ Edu- cating Girls for Country Life.”’ The article in question deals chiefly with the education of girls in dairy work, poultry farming, and gardening. There is an interest- ing allusion to forestry, however. On this subject Miss Haldane writes: “I know a capital young ‘ forestress’ who, after learning gardening, begged to be allowed to attend the forestry lectures with her father; and there are some possibilities here, though, naturally, limitations also.’ 18 247 248 EMPLOYMENT OF WOMEN IN FORESTRY There appears to be no adequate reason why women who are physically strong enough for an open-air life should not take up forestry asa profession. There are one or two essentials requisite to make a good forester, in addition to physical qualifications—to wit, a love of nature and natural history, combined with powers of close observation. The forester’s theoretical and practical training develop and stimulate these, but they should be there from the start to make the real forester. As a race, the Britisher, man and woman, possibly possesses these attributes to as great, and per- haps a greater, degree than any other nation. It is certain that in their absence a good forester cannot be made. It will be asked, How is a forester made? What is his work, what are the chances of posts in this pro- fession,and what the probability of a proportion of them being filled by women? It is the purpose of this article to answer these questions, so far as is at present possible. | First, as regards the making of a forester. The education and training of the forester—that is, of the executive officer who has charge of large tracts of woods worked on commercial principles—has during the past five years developed amazingly in this country, thanks chiefly to the discerning enterprise and strong support of the Development Commissioners, who have made considerable grants of money for this purpose. Forestry courses, including both elementary and the highest branches of the subject, are now delivered throughout the country at University centres and Agricultural Colleges. The courses in the advanced AT EDINBURGH UNIVERSITY 249 branches are intended for the education of the highest grades of the executive forester of the future. For it is certain that in the future the man with the forestry degree or diploma will have the preference over the man who does not possess either. In fact, he is already receiving the preference. The training for the degree or diploma in forestry at the Universities (Edinburgh gives a degree of B.Sc. in forestry, Oxford and Cambridge a diploma) is very thorough, including courses in the elementary portions of the sciences— botany, zoology, chemistry, and natural philosophy ; and advanced courses in forest botany, mycology, forest zoology, forest engineering and surveying, forest chemistry and geology, with forestry elementary and advanced. Practical courses and excursions accom- pany the lectures. At Edinburgh University three years’ work are re- quired to obtain the forestry degree, the purely forestry part of the curriculum involving two years’ work (second and third years), including practical courses of from six to seven months altogether. These latter include a thorough training in the manual part of the work, both in the nursery and in the woods. The student is made to do with his own hands the whole of the manual portion of forestry work described in the previous article, on the principle that a man cannot be fit to give orders unless he knows how the work should be actually done. In Scotland we have magnificent nurseries and areas of woods in which the student can undertake this part of his work to perfection. The advanced practical courses consist of the de- tailed measurement of the cubic contents. of woods, 250 EMPLOYMENT OF WOMEN IN FORESTRY their survey and description ; in carrying out thinning operations; in visits to woods scientifically managed under working plans; in the preparation of a working plan for an area of woods—and so on. Now, the only part of this work a woman is likely to find beyond her powers is the heavier ‘manual labour, such as trenching with the heavy spade, the use of the heavy axe in felling trees of large girth, and so on. But there appears to be no reason why, by making use of light tools, she should not be able to render herself thoroughly acquainted with their manipulation in order to ensure an adequate future control over her staff. For the executive officer, whether in charge of an area of woods or assistant in such an area, is not required to do the manual labour. He is not there for that purpose. He is required to possess the brains and knowledge to run the machine. It may be conceded, therefore, that so far as the training of the scientific forester, both upper and lower executive grades, is concerned, the woman should be able to assimilate it and be turned out as good an article as the man. Now as to the work of the executive forester. It would be easy and pleasant to detail it at great length. It will, however, suffice for our present purpose to glance briefly at the salient points. The forester’s work is exceedingly diverse, and for that very reason the more interesting. It has been well said that the forester is always at school to the end of his life, and the true forester is well aware of the correctness of the dictum ; for the more intimately a man becomes acquainted with the varied life of the arene oi elle TACT 281 woods—vegetable and animal life; the greater the knowledge he possesses of the different species of trees he may be raising or managing ; the more information he gathers together upon variations in soil, climate, and a thousand and one other points in his locality— the better position will he be in to draw up a proper plan of working for his woods, and the greater will be the success he will attain in their working. To this end, and for this reason, the forester must necessarily remain a student all his days. But the mere working of the woods in order to raise a successful crop of any particular species over a specified period of years, or rotation as it is called, forms but a tithe (though a most important one) of the forester’s duties. The felling and removal of the matured woods entails a great deal of work. Protec- tion, both against man, animals (including insects) and fungi, etc., necessitates incessant vigilance and care. Remedial measures have to be devised and put into force, and this work affords scope for the exercise of considerable ingenuity on the part of the staff. Trespass and the commission of illicit acts, theft, grazing of cattle and so on in the woods, are often the cause of much anxiety and harassment to the executive officer and his subordinates. These latter causes can often be greatly diminished by the exercise of tact ; in fact, can be managed better in this manner than by any other at present known method. Tact to the forester, 1.¢. the possession of this quality, is almost an essential for success in his profession. For he, more than any one else on the country-side, is greatly depen- dent on maintaining good relations with and securing 252 EMPLOYMENT OF WOMEN IN FORESTRY the good will of the inhabitants in the neighbourhood of his woods. In addition, therefore, to considerable botanical and zoological knowledge, the executive officer must possess some acquaintance with the laws of his country, civil and criminal, and, when there are such, of the special forest laws. A correct appreciation of the value of geological knowledge as it relates to soils, meteorology as it affects development, etc., of species, is of coursea sine qua non. Finally, the management of his office will necessitate a knowledge of book-keeping and accounts generally. With this brief examination of some of the most important aspects of forest work enough has perhaps been said to indicate the nature of the duties of the forester, and of the peculiar charm attaching to them for the lover of the open-air life. It will be apparent that the work above described could be undertaken by the properly trained woman. We come now to our third point—the chances of posts for women as foresters. This is a more difficult feature of the question to deal with than the other two because here we are treading upon new ground. But this war has brought into prominence so much new ground which will have to be ventured upon, that a few remarks upon the a ject may be attempted here. It will be necessary to eliminate from consideration at the present all Government posts in the Forest Services of India and the Colonies. There remain posts in this country. _ They may be divided into two classes, higher execu- TRAINED FORESTERS WANTED 253 tive and lower executive. The first will in the future be filled by fully and scientifically trained men holding a degree or diploma in forestry from the Universities. The second will for the most part be trained at the Agricultural Colleges. In the past both these classes of posts have, speaking generally, been held for the most part by a man who has started either at the lowest rung of the ladder as a forest labourer or labourer apprentice, or as an apprentice of a higher class who has subsequently taken elementary courses in botany, zoology, and so on, or attended extension lectures in such. The good men from one or the other of these categories have ultimately risen to the position of head forester (7.e¢. executive officer) in charge of considerable areas of woods on large privately hedge estates in this country. Outside the Crown Forests (which do not of course belong to the State) there are no Government-managed areas of woods in England, Scotland, or Wales. In Ireland, State forestry has been commenced. But whether State-owned, State-managed, or privately managed (perhaps under State supervision in some cases), there can be little doubt that a much larger area of land will be placed under woods in the near future in these islands. The war has made this imperative. It may therefore be taken as certain that more trained foresters will be required—in fact, it might almost be said, are required at the present moment. There is one further point. Experts for forestry research work are already needed, and in some degree will be required in the near future. This work consists 254 EMPLOYMENT OF WOMEN IN FORESTRY in studying the woods from various aspects. It may be the purely sylvicultural aspect; the zoological, so far as the study of forest pests is concerned ; botanical, mycology and the study of fungus pests; the prepara- tion of special plans for managing areas of woods; forest engineering and the export of material; or finally, forest economics and the means of utilising to the full all the varied products of the woods, especially undeveloped products. In this matter of forest research work, not the least fascinating of the many-sided and varied branches of forestry, surely a woman could find herself at her best. That the work is of the first importance cannot be gainsaid. But to be able to prosecute it with success- ful results entails, first, a thorough grounding in and knowledge of forestry in all its branches, combined with the necessary study of the allied subjects, botany, zoology, chemistry, geology, and so on. My sole excuse in writing on this subject in such detail rests in the fact that since the former article appeared in the Englishwoman I have received several letters from various parts of the country expressing interest in the subject, and a desire for further in- formation. The above is an endeavour to place such points as suggest themselves before the public. 4 in le INDEX Acetone, a forestry product, 103 Afforestation in Britain, area required, 24, 39, 221 —— — arguments against, 25 — — — — for the, 24, 25 — — — past history of, 14, 41, 163 — problem in Britain, the, 10, 163 . — — in Ireland, 10 — question and posterity, xii, xix, 29 —-—apathy of public and Government on, 28 —— at outbreak of war, posi- tion of, 13 —-— in Britain, recent history of, 13-22 —-— in reign of Charles II, ix, xi, 13. — — planting up of waste lands, 29, 38 — — position of, now, 23 — schemes, financing of, 35, 37, 41 — yield in materials from, 39 America, supplies from, 62, 70, 78, 107 Arboricultural Society, Royal Scottish, 17 Belgium, destruction of forests in, 72 Birmingham water catchment area, planting of, 21 Bobbin mills, 25 Camps water catchment area, planting of, 22 Canada, supplies from, 8, 62, 70, 78, 107 Cedar (Cembran pine) trade of Asiatic Russia, 154 Central Powers, forests of, 79, 105, 106 Colliery proprietors and pit- wood supplies and prices, 24, 57, 59, 178 Corporations and afforestation, 10, 19, 30 Demonstration areas, forestry, 20, 234 Destruction done to towns, houses, etc., in fighting areas, 4,70 . Development Commission, ap- pointment of, 19 — — forestry work of, 19 — — offers of funds for planting, 30 — Commissioners and education, 10 forest Edinburgh and District water catchment area, planting of,21 — University Forestry Degree, curriculum for, 54, 233, 249 Education and training in forestry, 53 — of an executive forester, 248- 52 Evelyn’s Sylva, ix, 24, 164 Exports of forestry materials in 1915, 211-14 Fellings in British woods, xxi, 7,29, 38, 60, 175 255 256 / Finance and planting methods, 37 Finland, the forests of, 104 Forest materials, exhaustion of world’s supply of, 108, 160 — of Dean, oak in, 42 — service, the Indian, 162 — survey of Glen Mor, 17 Forester, how to make a, 248 | — life of a, 234 Forestry advisory officers, 19, 29, 35 — a State business, 11, 29 — branches of Departments of Agriculture, establishment of, 3m — commercial, 10, 11, 23, 31 Forests, destruction of, in fight- ing areas, 3, 29, 198 — felling of, by Germans, in occupied territory, 4, 72, 198 — State recognition of import- ance of, 161 France, forestry materials of, 56, 106 Freight vessels, shortage of, 3, 57, 61, 181 Furniture manufactories, 25 Germany and Russia, 71 — forest resources of, 71 Home Timber Committee, 7, 38, 58 Imports and exports of timber in 1915, 202 — British forestry, where they come from, 5, 55, 104, 166 — forestry, in 1913, 41, 160-173 — of forestry materials, effect of war On, 3, 55 —of forestry materials to Britain, 2, 55, 66, 166 Ireland, State Forestry Depart- ment in, 22 Labour for afforestation, 34, 50 Lake Vyrnwy water catchment area, planting of, 21 INDEX Lanarkshire water catchment area, planting of, 22 Landowners and afforestation, 10, II, 19, 30 Land purchase by Government for afforestation, 30 Leeds water catchment area, planting of, 21 Liverpool water catchment area, planting of, 21 Manchester water catchment areas, planting of, 21 Markets, timber, British and European, 2, 166 —_—— competition in, by Allies, 4, 6, 8, 70, 105 — — control of, 70 National planting scheme, a, 1, 27, 38 — resources, utilisation and con- servation of, xxv, 27 Newfoundland, supplies from, 8, 62, 70, 78 Norway, forestry resources of, 6, 8, 9, 78, 106 Nurseries, emergency, 34 Nursery, the forest, 241 — work for women in the forest, 225, 238, 241 Paper pulp mills, 25, 218 Pitwood from abroad, 56, 67 —imports in I915, 203, 205, 210 — in Britain, 6, 57, 59, 178 — supplies, effect of six months’ war on, 182, 189 Planting and the State, a II, 30 —at Murthly with semi-circular spade, cost of, 49 — corps, a, 34 — methods, 42-9 — relative conte of different methods, 4 | Plants, cen of, for affores- tation, 33 Prices of forestry materials, rise in, 3, 23, 37, 38, 56, 57, OF, 64 INDEX Pulp, paper, 24, 25, 167, 169, 218 > a » 193 ——imports in 1915, 206-11 Research work in forestry, 253, 254 Rotations for forest crops in Britain, 13, 26, 39 Royal Commissions and Com- mittees and afforestation, 1, 15, 23, 28 — Society advocates planting, ix, xii, Xx, Xxv — — of Arts and tree planting, xiii Russia and British forestry im- ports, 5, 8, 55, 60, 63, 67, 166 — forestry resources of, 9, 67, 71, 73 — in Europe, forests of, 82 Russian forests and British timber supplies, 67 — — leasing of, by Great Britain, 81 Saw mills, 25, 75,218 Siberia and Turkestan, forests of, 130 Soldiers and sailors, incapaci- tated, employment of, in fores- try, 51, 223 Species to plant, 42 State and planting, the, xviii, II, 30 Sweden, forestry resources of, 6, 8, 9, 62, 78, 106 Talla water catchment area, planting of, 21 Thirlmere water catchment area, planting of, 21 Timber famine in Europe, 23, 56, 160 — imports in 1915, 204, 206-10 — supplies, famine prices, 55 — — effect of six months’ war on, 181, 183, 186 257 Timber, supplies of future, sug- gestions for safeguarding our, 27, 68, 77 — uses of, in fighting areas, 3, 56, 104 Timbers, commercial classifica- tion of, 169 —in most demand, pines, spruces, firs, 4, 166 Toys, making of wooden, in Britain, 218 Trenches, length of, on | Western and Eastern fronts, 104 Virgil and planting, xxiii, xxiv War, effect of the, on the affores- tation question, 23-6, 28, 173 — forestry materials, demands for, 56, 104 —six months of, effect on timber supplies, 181 — timber materials, Govern- ment purchases of, from British woods, 38 — timber supplies and the, 160 Waste land in Britain, 1, 15, 24, 27 — — — afforestation of, 11, 24 Water trusts and the afforesta- tion of catchment areas, 10, 19, 30 Women, assistance of, in pressing afforestation of Britain, 216 —employment of, in manual part of forest work, 236 — forestry posts for, in execu- tive grades, 253 — in forestry, employment of, 50, 215, 236, 247 — in higher branches of forestry, training of, 232,247 Woodlands, arealof British, 15,24 — big for shelter, 39 — — for sporting purposes, 39 Woods, work in, for women, 229, 240, 242 ; Pi Age a 5 i= ~ wf: : a ae He Take OMe a y , 4 * - 4 - 7 “af VEC DPERI Sh Ee Om 3 at se GEN Set ome Py Aa = oe i Med? 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With Illustrations, Large crown 8vo, 2s. 6d, net, JOHN MURRAY, ALBEMARLE ST., LONDON, W. » J meat “es keane. - Re» | Mee Le 4 J burs ; ; y whe ey yada atl : , ‘7 f ; { ’ ris ‘ DaPiceoRe ey ’ ¢ by ial pF i 4 t : hy ‘eR ; hay ¥ weet sa ¢ 4 i ra? te i ty ‘ ; Limite : " \ | t : / ’ ae ; . a ; - ' 7 2 ; Me f i : ‘ tt ; - i 4 ' : : 7 7 { } " \ ‘ 4-1 i eS 2-”—C ee 7) “Wars, ie . : § “ei ae) mM: A rE | ' } y ' i q un ae i ra Bey _ ee 5 hs Pot ig abd) fe rahan ahh Phd i eau rd Te eit ca Ea Stebbing, Edward Percy ; British forestry its present position and outlook COpee after the war BioMed ms Eesees A ge es e aS we Popes Gs ors _— > = aaa 4 MH . ik ao Wey ee ge Kempen trtate te ees RE Senge ieee eeteerets ater : i tees 5 vere rinsassss : eke = mace : : VT * A - ~ = ® “ a Seah : : ie al : riptet ts pe - : : . me x : siete ates : : : r aes ce aes res rs ~ or eet : Rpiasetateceuede pee pate : er es eer + cei eae Hyg eS wh erptene sateen sorts ioe tery ~ —— seats Sez iet raeos poet Te * = = 5 ce * Ssicores rr Bey bres ptae meas teeresetiee ve eeee bentt mite 2 eae ey Pee. : : 2 = cat etat ee rl aty Seas tera ed she: ite t dendites eptsecesreesesssoenteertnae es Eerpigap aes reeaa ep eeseoaeet a Llsperesgtesttcs ess WIS aS 4 's one SSS a ee Betas i nee = Sa SSE RE LP TTS Hit HEE See ie os eee Bik i ahh Nhat! is br rit + +, ah

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开放存取的国家宏观政策体系建设研究\* 牛晓宏马海群开放存取 (Open Access)模式的出现促进了网络环境下数字信息资源的广泛传播与共享。目前，有关开放存取的理念和技术越来越成熟，实践和研究越来越广泛，但是要实现数字信息资源开放存取的可持续发展，更需要有政策上的支持和指导。从已有的开放存取政策来看，有的是由政府制定的，更多的则是由各大学、科研机构、出版机构、科研资助机构、基金会等分别根据自己的实际情况制定的。笔者认为，对数字信息资源开放存取政策的制定需要从宏观的视野来考虑，最应提倡与发展的，应该是相关部门从国家层面上制定的数字信息资源开放存取政策体系。一、制定数字信息资源开放存取国家宏观政策的社会意义 1.有利于国家对数字信息资源进行宏观规划与管理推动一个国家数字信息资源开放存取的发展，仅仅依靠几个机构制定若干政策来实现是远远不够的，只有由国家有关部门从宏观角度考虑制定出覆盖面广泛的国家开放存取政策，由开放存取各相关机构根据国家政策再制定出具体实施政策，并将这些政策整合后形成为一个政策体系，才能使开放存取政策真正地发挥作用，才有利于国家对数字信息资源的开放存取进行宏观的规划与管理。 2.有利于机构和个人对数字信息资源开放存取的认同取得科研人员和相关机构的认可是开放存取模式发展的基础。数字信息资源的开放存取带来了一种全新的学术信息交流模式，但由于观念上和经济上的原因，一些机构和个人对开放存取模式持有抵制态度。而通过国家层面的数字信息资源开放存取政策的制定与颁布能够提高科研人员、科研机构和出版机构等对数字信息资源开放存取的认同，能扫除一些机构和个人对待开放存取观念上的障碍，从而必然会使越来越多的科研人员、科研机构、科研资助机构、出版机构接受并积极参与开放存取实践的探索，促进并保障开放存取的健康发展。 3.有利于数字信息资源广泛传播与共享制定数字信息资源开放存取政策的最终目的是为了推进我国数字信息资源的开放存取，从而实现数字信息资源的最广泛传播与共享。政策所具有的指向性、强制性和监督性，必然能够促使更多的科研成果和数字信息资源以开放存取的模式出版，从 \*本文为教育部人文社会科学规划项目“数字信息资源的国家宏观规划与管理” (06JA870003)成果之一，并受黑龙江省普通高等学校新世纪优秀人才培养计划 (1152NCET004)资助。而让更多的公众可以获得所需要的信息，同时也使得科研成果等数字信息资源得到广泛传播。二、国外数字信息资源开放存取政策现状分析目前国际上有关数字信息资源开放存取的理论研究与实践探索正在如火如荼地进行着，各国政府也都非常重视开放存取政策的研究。在开放存取发展较好的国家，都是由国家政府认可或出台了开放存取政策。 1.发达国家的数字信息资源开放存取政策开放存取政策最早是由欧美发达国家制定并实施的，美国、英国、加拿大、芬兰、德国、瑞典、挪威、法国、澳大利亚等国都相继制定了开放存取政策。影响最大的开放存取政策是美国NIH公共获取政策。美国国家卫生学会(National Institutes of Health，简称NIH) 从2004年开始就着手制定开放存取政策，经过一年多的调研，在广泛征求多方意见和建议的基础上，于2005年5月开始正式实行开放存取政策，其内容是要求所有接受NIH资助的科研人员都必须在科研论文正式出版12个月内，将经过同行评审的科研论文的终稿以电子版的形式提交到PubMed Central数据库中，以提供给公众免费获取…。虽然NIH政策是由科研资助机构制定的，但是该政策得到了美国政府机构的认可和支持，这对其他国家或机构相继制定出更加合理的开放存取政策起到了重要的借鉴作用。英国的开放存取政策主要是由科研资助机构制定的，与NIH政策相比更具有强制性。为了促进科研成果的开放存取，目前英国研究理事会(Research Councils UK，简称RCUK) 和资助科学研究的主要基金会已颁布了强制性开放存取政策。这些政策要求所有由公共资助的研究成果必须广泛、快速、有效地提供给公众开放获取。芬兰的开放存取政策主要体现在由芬兰教育部制定的相关规定中。芬兰教育部为推动芬兰开放存取的发展，成立了开放存取科学出版委员会(Open Access Scientific Publishing Committee，简称OASP)并提出了《促进芬兰科学出版领域开放存取建议》报告，表明了芬兰开放存取的基本政策2。其宏观政策包括：高等教育机构和科研机构建立或合作建立必要的开放存取仓储，以方便科研人员将自己的科研成果提交到开放存取仓储内，供公众开放获取；鼓励科研人员将自己的论文提交到开放存取仓储中，使仓储中科研论文的数量可以得到快速积累。芬兰教育部还分别对科研资助机构、高等教育机构和科研机构、期刊和学术团体、图书馆等制定了有针对性的具体的开放存取政策。根据芬兰的开放存取政策，虽然芬兰还没有决定在国家层面上对开放存取采取强制态度，但是强调了从国家宏观层面考虑科研信息自由获取的重要性的。 2.发展中国家的数字信息资源开放存取政策印度政府在制定国家宏观开放存取政策方面的经验值得我国政府有关部门参考。2006年1月6日印度政府在海得拉巴举行了第93届印度科学大会，这是专门为研究开放存取而举办的会议，在会上提出了为实现科研成果开放存取的“国家开放存取最优政策\*\[4\]，内容包括：①要求获得政府基金全额或部分资助的研究论文，在被同行评审期刊接受出版以后，立即将论文的电子版存储在开放存取仓储中；②鼓励获得政府资助的科研人员在已有的、适合的开放存取期刊上发表论文，政府可以提供出版费用；③鼓励获得政府资助的科研人员尽可能保留所发表论文的版权。同年11月2、3日，印度科学协会又在班加罗尔召开了“电子出版和开放存取研讨会”，并在会议上发布了“发展中国家的国家开放存取政策”5，该政策的具体内容为：①要求获得政府基金全额或部分资助的研究论文，在被同行评审期刊接受出版以后，立即将论文的电子版存储在机构仓储中；② 鼓励获得政府资助的科研论文在存储之后就立即提供开放存取；③鼓励获得政府资助的科研人员在已有的、适合的开放存取期刊上发表论文。将印度颁布的两个国家开放存取政策进行比较可以看到两者既有相同义有区别， “发展中国家的国家开放存取政策”是在“国家开放存取最优政策”基础上制定出来的，更具有普遍适用性，适合于所有发展中国家借鉴采纳。同为发展中国家的乌克兰，在国家开放存取政策法规制定方面也走在了前面。2005年2月在乌克兰举办了“开放存取学术交流研讨会”，起草制定了乌克兰的第一个开放存取政策：保证个人和公众获取信息知识的权力并保证知识产权制度不妨碍公众获取知识，鼓励研究机构和高等教育机构参与开放存取实践，由国家资助开放存取相关研究，并为研究机构和高等教育机构创建并维护开放存取仓储提供国家财政和技术支持。2006年11月，乌克兰国家基础研究基金会授权国际复兴组织 (IRF)补充了开放存取政策，以保证公共资助研究的开放存取。随着开放存取政策的实施，乌克兰政府颁布了法规，从2007年1月开始对获得公共资金资助的科研人员实施强制开放存取，并计划在档案馆、图书馆、博物馆、科研机构等具备开放存取条件的地方建设开放存取仓储。虽然受到政治危机的影响，这项开放存取法规在实施的过程中被迫终止了，但乌克兰政府对于数字信息资源开放存取所制定的政策和法规值得借鉴。 1 ! 三、我国数字信息资源开放存取国家宏观政策体系的构建为了保证所制定的政策具有科学性、预见性和有效性，我国的相关部门和人员也一直在进行有关开放存取政策的基础研究。2005年6月在北京召开了由中国科学院和国际科学学院组织(IAP)主办的中国科学院“科学信息开放获取战略与政策国际研讨会”，这次研讨会的目的之一是为了推动中国政府部门和相关机构制定开放存取相关政策，表明了我国对开放存取政策的相关研究是非常重视的，虽然目前我国还没有正式出台的开放存取政策，但我国构建开放存取政策体系的时机已日趋成熟。 1.数字信息资源开放存取政策体系结构从结构层次上看，我国科学合理的国家宏观开放存取政策体系应该是由国家、科研资助机构、科研机构、高校、出版机构分别制定的开放存取政策共同组成。首先需要由国家政府相关部门制定全国统一的、可供所有的组织机构共同遵守的国家政策，国家开放存取政策表明我国支持数字信息资源开放存取的态度，但不必非常具体，.可参照“发展中国家的国家开放存取政策”进行制定，其主要作用是为全国各级组织、机构制定相关政策提供宏观指导。科研资助机构、科研机构和高校可在与国家政策相一致的基础上，依据本机构的特点制定开放存取政策，规范所资助科研人员或机构成员的权利和义务。我国的科研资助机构都是由国家提供经费支持的，例如国家教育部、国家基金委等，因此获得科研资助的研究成果应该开放存取，以提供给更多的公众免费获取和共享资源。科研机构和高校要通过制定开放存取政策保证机构内部成员科研成果的开放存取。开放存取政策中既有强制性政策，也包括自愿性政策17\]。但对于科研资助机构和高校来说，为保证数字信息资源的开放存取，就需要制定和实施强制性开放存取政策。开放存取的发展同样需要出版机构的政策支持。与科研资助机构制定的强制性政策不同，出版机构制定的开放存取政策更多的应该是自愿性政策。出版机构应提供多种出版模式选择，由作者选择是否以开放存取模式出版自己的科研成果，或者选择以哪种开放存取方式出版自己的科研成果。虽然出版机构不需要制定强制性的开放存取政策，但是出版机构应该根据国家宏观政策的指导方向，积极鼓励科研成果的开放存取， 2.数字信息资源开放存取政策体系的内容上面介绍的国外开放存取政策的内容可以作为我国国家宏观开放存取政策的主要参考。其一，为了保证开放存取在我国的开展，我国相关部门应制定强制性的开放存取政策，要求相关机构和个人必须执行，否则将不再对这些机构或个人提供资助。其二，在现有的学术评价体系中承认开放存取出版物的学术价值，即发表在开放存取期刊上的论文和在传统期刊上发表的论文一样，在科研成果认定时同样予以认可。其三，国家还应制定政策鼓励档案馆、图书馆、博物馆将各自馆藏的信息资源进行数字化处理，并将这些数字信息资源存储在各自或指定的开放存取仓储中。科研资助机构、科研机构、高校、出版机构等不同组织机构制定的政策，从内容上看既有区别又有联系。各种政策的主要内容都是要求或鼓励科研人员积极参与开放存取。科研资助机构在开放存取政策中应要求所有受到本机构资助的科研成果必须开放存取：科研机构和高校则要求本机构的科研人员将所有的科研成果提交在本机构的开放存取仓储中。拥有丰富教学资源的高校，还应制定鼓励教学资源的开放存取政策，即教学课件资源的开放存取。对出版机构而言，需要通过政策来规定论文正式发表后，提供开放存取的时间期限。除了上述由不同机构制定的政策内容外，数字信息资源开放存取还受到资金、版权、技术等多种因素的影响，因此一个完整的开放存取政策体系至少应涵盖这几方面政策内容。①资金支持政策。在政策上明确提出，数字信息资源开放存取出版所需的费用由政府相关部门、科研资助机构或者科研人员所属机构支付；开放存取基础设施(包括开放存取期刊、开放存取仓储)的建设经费由政府提供全部或部分资助等。②版权保护政策。开放存取在现行版权制度的基础上建立和运行了一套区别于传统的版权政策\[\]，不同机构根据自己机构的特点或所属学科的特点会制定不同的版权保护政策。版权保护政策不仅鼓励获得政府资助的科研人员尽可能保留所发表论文的版权，还支持所有作者在与出版机构签署版权协议时不要转让版权，或至少保留自己在开放存取仓储中自存取作品的权利。③技术支持政策。网络上数字信息资源存储的格式和标准是多样的，随着开放存取资源数量的增长，按照统一的技术标准对数字信息资源进行开放存取可以保障开放存取的可持续发展，这就需要通过国家或机构制定的技术支持政策来保证实现。此外，还应包括保证数字信息资源长久保存的技术政策等。参考文献 \[1\] NIH Public Access Policy Details. http：//publicaccess. nih.gov/policy.htm \[2\] Recommendations for the promotion of open access in seientifie publishing in Finland. http：//www.minedu.fi/export/sites/default/OPM/Julkaisut/2005/liitteet/opm \_ 250 \_ tr16.pdf?lang=en \[3\] Turid Hedlund， Ingegerd Rabow. Open Access in the Nordic Couniries-a State of the Art Report. http：//nordbib.net.dy-namicweb.dk/Files/Filer/Documents%20for%20download/Open Acces \_ in \_ the \_ Nordic \_ Countries Hedlund \_ Rabow \_ Nordbib.pdf \[4\] Subbiah Arunachalam. Open Access- Special session at the 93rd Science Congress. bttp：//arlorg/Lists/SPARC-0AForum/Message/2713.html \[5\] Workshop on Eleetronic Publishing and Open Access.httpo Wwww.ncsi.iisc.ernel.in/OAworkshop2006/pdfs/NationalOAPolicyD-Cs.pdf \[6\] Iryna Kuchma. Developing National Open Access Poli-cies： An Ukrainian Case Study. http：//elpub.scix.net/data/works/att/135 \_ elpub2007.content.pdf \[7\]李荣素，牛晓艳.国外开放存取政策研究.图书馆建设，2007(5) 「8\]秦珂.信息资源开放存取环境中版权政策的特点探析.情报杂志， 2007 (10) (本文作者单位：黑龙江大学信息管理学院)

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卖空交易与股价崩盘风险 ——因果识别与机制检验潘凌云董竹 \[提要\]本文以2010-2014年A股融资融券标的企业数据为初始研究样本，对卖空约束放松与股价崩盘风险的关系做了检验。结果表明：首先，卖空交易显著地抑制了上市公司股价崩盘风险，且这种抑制效应在管理层权力更大、分析师跟踪频率更低的企业中表现更加明显，在利用中国资本市场独有的“转融券”制度缓解内生性问题后，上述结论依然稳健；其次，在对作用机制的考察中发现，融券卖空主要通过改善企业信息透明度来对股价崩盘风险产生抑制效应。上述研究结论意味着，我国应该进一步扩大融券试点名单，以便更好地发挥卖空机制对资本市场的稳定作用。 \[关键词\]卖空交易；股价崩盘风险；企业信息透明度；转融券；盈余管理中图分类号：F830 文献标识码：A 文章编号：1004—3926(2020)02—0152一11 基金项目：国家社会科学基金项目“‘十三五'时期我国货币政策规则与货币政策调控机制研究”(15BJY174)、教育部哲学社会科学研究重大课题攻关项目“资本市场的系统性风险测度与防范体系构建研究”(17JZD016)阶段性成果。作者简介：潘凌云，吉林大学商学院博士研究生，研究方向；资本市场、企业创新；董竹，吉林大学数量经济研究中心教授，博士生导师，研究方向：资本市场；企业创新、公司金融。吉林长春130012 引言 2010年3月31日，融资融券制度正式引入中国资本市场，一部分上市公司被允许卖空，意味着投资者只能“买涨”不能“买跌”的单边市状态正式结束。然而，由于引入时间短，我国的融资融券制度的诸多缺陷也为业内人士诟病，例如，融券规模太小，仅占A股流通股的0.019%(顾乃康、周艳利，2017)；进入门槛过高，参与卖空的投资者必须开户满6个月，且账户资金必须在20万以上(顾琪，陆蓉，2017)2。可见，较之成熟的资本市场，我国的融资融券制度还有待完善。那么，尚待完善的融资融券制度是否发挥了稳定市场的功能呢? 事实上，有关卖空交易是否能稳定市场的话题一直是学术界讨论的热点。从国外的文献来看， Diamond&Verrecchia(1987)通过建立一个理性预期模型，证明了卖空投资者的交易行为会改进资本市场的定价效率，从而起到稳定市场的作用； Chang et al. (2007)4利用香港股票市场的数据，发现卖空限制的实施加大了股市波动； Bohl et al.(2016)利用非对称马尔科夫区制转移 GARCH模型，发现那些被禁止卖空的股票出现了更大幅度的波动。以上研究都支持卖空机制能起到稳定市场的作用，禁止卖空会导致股价波动。但也有一些学者对卖空机制的影响提出不同看法， Allen&Gale(1991)5认为，在不存在卖空限制时，卖空交易反而可能使市场环境恶化，加大股市崩盘风险； Morris&Shin(1998)16\]认为，即使市场基本面是好的，但是由于投资者对信息的理解存在差异，很可能导致卖空交易者的错误判断，进而诱发市场波动。自2010年之后，随着我国融资融券制度的推行和不断完善，卖空机制对中国上市公司股价崩盘风险的影响也引起了国内学术界的关注。这类文献主要考察两融标的增加对股价崩盘风险的影响。例如，唐松等(2016)的研究表明，在企业加人融券标的名单之后，股价崩盘风险明显下降；与此相反，褚剑与方军雄(2016)\[8\]的研究发现，融券制度的推出非但没能起到稳定市场的作用，反而加剧了股市崩盘风险。然而，苏东蔚、倪博(2018)9认为，利用两融标的研究资本市场至少存在以下两个问题：一方面，融资与融券是两种截然不同的行为，融资为加杠杆购入股票，而融券为卖空行为，二者对资本市场管理的影响存在明显区别，因此以融资融券变更作为解释变量，很难把经济后果完全归咎于卖空行为；其次，监管部门新增或剔除两融标的时，通常以规模、流动性、波动性等公司层面指标为决策依据，而这些特征又与股价崩盘风险密切相关，导致企业的股价崩盘风险可进一步影响其能否成为两融标的，因而两融标的与股价崩盘风险之间存在相互影响的内生性问题。换言之，两融标的扩容很难作为研究卖空行为的纯外生事件。基于此，本文在对卖空交易与股价崩盘风险做出初步检验的基础上，再利用中国资本市场独有的转融券制度为外生变量构造自然实验，缓解可能存在的内生性问题，结果发现，卖空机制抑制了股价崩盘风险，且这种抑制效应在管理层权力更大、分析师跟踪频率较低的企业中表现更加明显。以上实证结果支持了卖空机制的“股价崩盘风险抑制效应”假说。为了给这一假说提供更多证据，本文重点考察了卖空机制影响股价崩盘风险的作用渠道——企业信息透明度渠道。根据Jin&Myers(2006)101的研究，企业管理层隐藏负面信息是造成股价崩盘风险的主要原因。而卖空投资者善于挖掘企业的负面信息，因此在卖空约束放松之后，管理层隐藏信息的成本明显提高。为了防止股价下行压力造成的薪酬缩减和职业危机，管理层就必须合规、准确地披露信息，进而使得股价崩盘风险下降。本文利用交乘项法对该机制做出检验，结果发现卖空交易确实通过提高企业信息透明度降低了股价崩盘风险。本文的创新点主要体现在如下几个方面：一是实证方面。本文从“转融券”制度这一纯外生冲击的视角衡量卖空约束，从而缓解了卖空机制与股价崩盘风险之间互为影响的内生性问题；二是理论方面。从中国资本市场的角度，发现卖空交易有助于抑制股价崩盘风险，从而支持了Diamond&Verrecchia(1987)、Chang et al. (2007)的研究。一、理论分析与研究假设 (一)卖空机制与股价崩盘风险：基础假设关于股价崩盘风险的成因，现有文献认为，分析师乐观偏差(许年行，2012)11、大股东持股比例(王化成等，2015)12\]、企业社会责任(权小锋等，2015)113\]、机构投资者羊群行为(于上尧，2013)\[14\]、媒体报道(罗进辉、杜兴强，2014)15\]等都是影响股价崩盘风险的重要因素。Jin&Myers(2006)等研究发现，随着管理层对负面信息的隐瞒成本不断增加，在突破一定限度之后，坏消息会在市场中集中爆发，从而导致股价崩盘。由此可见，股价崩盘风险的根本原因在于企业坏消息不能及时融入股价。因此，卖空机制能否抑制股价崩盘风险的关键在于，卖空投资者是否能充分挖掘企业负面信息并使其及时融入到股价之中，进而提高股价信息含量。一般认为，卖空机制提升了公司治理水平(Massa et al. ，2015；陆瑶等，201816\])，因而在卖空威慑之下，企业管理有动机提高信息披露质量。现有研究表明，在卖空约束放松以后，企业的盈余管理水平明显下降(顾琪，陆蓉，2017)，主动披露信息的积极性显著提高(李志生等，2017)。总之，卖空机制提高了企业信息透明度。而信息环境的改善使得负面信息能够及时、准确地融人到股价之中，避免了坏消息的集中爆发，从而使股价崩盘风险降低。基于以上分析，本文提出如下假设。假设1：卖空机制降低了股价崩盘风险。 (二)管理层权力的调节效应进一步，如果卖空机制能够通过改善企业信息透明度来降低股价崩盘风险，那么这一作用效果应该在信息环境较差的企业中更加明显，因为信息环境越差，卖空机制发挥作用的空间就越大。现有研究表明，管理层权力的大小会对企业信息透明度产生重要影响( Kwangjoo& Jonghwan，2018)7。在管理层权力较低的企业中，管理层的行为会受到投资者更多制衡，因而管理层会更积极、准确地披露企业信息，以满足投资者的要求，此时企业的信息环境也就相对较好，卖空投资者挖掘企业负面信息的空间非常有限；相反，更高的管理层权力往往意味着更高的代理成本(Liu&Jiraporn，2010)\[18\]，由此可能导致企业管理层为了达到私人构建企业帝国、卸责等目的而隐瞒企业负面信息，此时卖空投资者挖掘企业负面信息的空间更大，因而会对股价崩盘风险产生更强的抑制效应。基于以上分析，本文提出如下假设。假设2：卖空机制对股价崩盘风险的抑制效应在管理层权力更大的企业中表现更加明显。 (三)分析师跟踪的调节效应沿袭上一假设的分析思路，本文认为，卖空机制的作用效果应该在分析师跟踪频率较低的企业中表现更加明显。现有研究认为，分析师可以通过实地调研等方式对企业管理层的行为进行监督，进而有效抑制企业管理层的机会主义行为，降低企业盈余管理程度(李春涛等，2014)\[19。因此，在分析师跟踪频率较高的企业中，卖空投资者挖掘负面信息的空间非常有限；相反，在分析师跟踪频率较低的企业中，企业信息环境也相对较差(陈怡欣等，2018)120\]，卖空交易的作用可以得到更充分的发挥。基于以上分析，本文提出如下假设。假设3：卖空机制对股价崩盘风险的抑制效应在分析师跟踪频率较低的企业中表现更加明显。二、研究设计 (一)模型设定为了检验假设1，即卖空交易是否降低了股价崩盘风险，本文借鉴褚剑、方军雄(2016)的方法，设定如下模型：其中， CRASHRISK，为上市公司i在年份t的股价崩盘风险。 SSR，为标的股票的卖空交易量。如果卖空交易水平的提高可以作为一种外部机制，有效改善了企业信息透明度，促使股价崩盘风险降低，那么可以预期α将显著为负。为了验证假说2，即在管理层权力之下，卖空交易对股价崩盘风险的影响是否存在差异，本文将研究样本按照管理层权力高低进行分组回归，本文预期：模型(1)中的融券交易的系数α将在管理层权力更高的样本中显著为负，在管理层较低的样本中不显著。为了验证假说3，即在不同的分析师跟踪频率之下，卖空交易对股价崩盘风险的影响是否存在差异，本文将研究样本按分析师跟踪频率的中位数划分为低分析师跟踪频率样本与高分析师跟踪频率样本两部分进行分组回归，同时做出如下预期：模型(1)中的卖空交易的系数α将在低分析师跟踪频率样本中显著为负，在高分析师跟踪频率样本中不显著。 (二)变量定义解释变量：卖空交易量(SSR，)。本文利用两个指标度量卖空交易量，分别是年度融券卖出量与个股流通股股本之比( SSR1，)、融券余量与个股流通股股本之比(SSR2，)。被解释变量：股价崩盘风险( CRASHRISK，)。本文借鉴 Chen et al. (2001)的方法，计算股价崩盘风险。首先，利用如下模型计算出股票i经过市场调整后的收益率：其中，z，为股票i在第s天考虑现金红利再投资的日个股回报率，rm为市场在第s周考虑现金红利再投资的日市场回报率(流通市值加权平均法)。为调整股票的非同步性交易的影响，模型(1)中加人了市场收益率的滞后两期和超前两期的收益率。股票 i第s周经过市场调整后的收率W，为：W=ln(1+8)，其中，8为模型(1)中的残差。其次，采用以下方法构造股价崩盘风险度量指标，具体衡量方法如下： CRASHRISK.. 其中，n 为每年股票 i 的交易周数。 CRASHRISK的数值越大，表示偏态系数负的程度越严重，股价崩盘风险越大。调节变量：管理层权力( CEOP，)。本文借鉴谢佩洪、汪春霞(2017)的研究方法，利用董事长与总经理是否两职合一衡量管理层权力，如果是两职合一则取1，否则取0。调节变量：分析师跟踪(ana，)。利用年度分析师跟踪数量的对数表示。控制变量：股票流动性( liquidity，)用本年度的月均换手率表示；股票收益率( return，)用企业年个股收益率表示；企业规模( size，)用总资产的自然对数表示；企业负债率(leverage)用长期负债与短期负债之和与总资产的比值表示；市值账面比(MB，)的衡量方法为(股票价格×流通股数量+每股净资产×非流通股数量)/正面权益价值；总资产收益率(ROA，)用净利润与总资产之比表示；此外，我们还控制了行业虚拟变量(nin)与年份虚拟变量(A)。 (三)数据来源本文中的初始上市公司数据样本来源于国泰安数据库(CSMAR)与万德数据库(Wind)。借鉴现有研究(王化成等，2015)，本文对上市公司数据做了如下处理：(1)删除有数据缺失的企业；(2)删除 ST、PT企业；(3)删除金融类上市企业；(4)对企业层面的连续变量在1%与99%分位数进行了缩尾( Winsorize)处理。三、实证结果针对前文的理论分析，我们采用相应模型考察卖空交易对股价崩盘风险的影响，并详细讨论经验结果。首先，我们采用模型(1)对3个假设做出基本检验；其次，考虑到卖空交易与股价崩盘风险之间可能存在特定的内生性问题，我们以“转融券”制度的推行作为自然实验缓解可能存在的内生性问题对估计结果的潜在影响；最后，在确定因果关系的基础上，我们进一步利用交乘项法考察卖空交易影响股价崩盘风险的作用机制。 (一)卖空交易与股价崩盘风险：对3个假设的初步检验 1.对假设1的检验利用模型(1)对卖空交易与股价崩盘风险的关系做出检验，结果列于表1。其中，第(1)、(2)列为单变量的回归结果，第(3)、(4)列为加入其他控制变量后的回归结果。由表中可知，两个卖空交易的代理变量与股价崩盘风险之间都显著负相关，结果支持假设1，即卖空交易抑制了股价崩盘风险。实际上，在卖空约束放松以后，企业信息透明度不断扩大，使企业的负面信息能够及时融人股价，从而避免了坏消息集中释放所引发的股价崩盘风险。表1 卖空交易与股价崩盘风险：对假设1的检验 | 变量 | (1) | (2) | (3) | (4) | | --- | --- | --- | --- | --- | | SSR1 | \-3.5377\*\*\* | | \-11.6039\*\*\* | | | SSR2 | (-3.29) | \-7.2652\*\*\*(-2.68) | (-4.13) | \-33.9417\*(-1.71) | | liquidity | | | \-0.1285\*\*\* | \-0.1277\*\*\* | | | | | (-7.25) | (-6.99) | | return | | | \-1.1989\*\*\* | \-1.0838\*\*\* | | | | | (-6.82) | (-6.20) | | totalassets | | | \-0.0000\*\*\* | \-0.0000\*\*\* | | | | | (-4.93) | (-5.23) | | leverage | | | \-0.7443\*\*\* | \-0.7469\*\*\* | | | | | (-5.06) | (-5.06) | | MB | | | 0.0642\* \*\* | 0.0614\*\*\* | | | | | (2.76) | (2.63) | | ROA | | | 0.0101 | 0.0168 | | | | | (0.44) | (0.72) | | Constant | \-0.2441 | \-0.2990\*\*\* | 0.2449 | 0.2477 | | 年份行业 | (-1.56)Yes Yes | (-22.30)Yes Yes | (1.35)Yes Yes | (1.35)Yes Yes | | Observations | 2，174 | 2，174 | 1，984 | 1，984 | | R -squared | 0.041 | 0.002 | 0.118 | 0.112 | 说明：\*\*\*、\*\*、\*分别表示1%、5%、10%水平上显著。括号内为t值。 2.对假设2的检验上述研究结果初步表明，卖空交易降低了股价崩盘风险，然而，在讨论卖空交易与企业的关系时不应该忽略管理层权力的调节作用。因此，我们按照企业是否具有两职合一特征进行分组回归。表2的第(1)、(2)列为非两职合一组中卖空交易与股价崩盘风险的关系；第(3)、(4)列为两职合一组中卖空交易与股价崩盘风险的关系。由第(1)、(2)列可以看出，在非两职哈一组中，卖空交易对股价崩盘风险的影响不显著；由第(3)、(4)列可以看出，在两职合一组中，两个卖空交易指标对股价崩盘风险的影响系数在5%、10%水平下显著为负。两组结果的差异表明，卖空交易对股价崩盘风险的抑制效应在管理层权力更大的企业中表现更加明显，假说2得到初步验证。由理论分析与上述实证结果，我们可以得出如下结论：在管理层权力较小的企业中，企业信息透明度较高，卖空投资者挖掘负面信息的空间非常有限，这会大大削弱卖空交易对股价崩盘风险的抑制效应；相反，在管理层权力较大的企业中，企业的信息披露质量也相对较低，更有利于卖空投资者挖掘负面信息，因而在此类企业中，卖空交易的作用效果更加明显。表2 卖空交易与股价崩盘风险：对假设2的检验 | 变量 | (1) | (2) | (3) | (4) | | --- | --- | --- | --- | --- | | SSR1 | 2.6719 | | \-6.3731\*\* | | | SSR2 | (0.39) | 34.4022(0.67) | (-2.58) | \-42.1307\*(-1.93) | | liquidity | \-0.1287\*\*\* | \-0.1285\*\*\* | \-0.1256\*\*\* | \-0.1231\*\*\* | | | (-5.96) | (-5.85) | (-3.69) | (-3.62) | | return | \-1.2161\*\*\* | \-1.1931\*\*\* | \-0.8099\*\* | \-0.8110\*\* | | | (-6.05) | (-5.93) | (-2.43) | (-2.45) | | totalassets | \-0.0000\*\*\* | \-0.0000\*\*\* | \-0.0000 | \-0.0000 | | | (-4.82) | (-4.92) | (-1.12) | (-1.20) | | leverage | \-0.7311\*\*\* | \-0.7376\*\*\* | \-0.6923\*\* | \-0.7046\*\* | | | (-4.40) | (-4.43) | (-2.21) | (-2.26) | | MB | 0.0743\*\*\* | 0.0697\*\*\* | 0.0336 | 0.0386 | | | (2.95) | (2.78) | (0.47) | (0.54) | | ROA | 0.0091 | 0.0107 | 0.0710 | 0.0683 | | | (0.36) | (0.42) | (1.24) | (1.19) | | Constant | 0.2284 | 0.2224 | \-0.8859\* | \-0.8980\* | | 年份行业 | (1.12)Yes Yes | (1.08) Yes Yes | (-1.69) Yes Yes | (-1.72)Yes Yes | | Observations | 1，665 | 1，665 | 306 | 306 | | R - squared | 0.103 | 0.101 | 0.362 | 0.363 | 说明：\*\*\*、\*\*、\*分别表示1%、5%、10%水平上显著。括号内为 t值。 3.对假设3的检验接下来的问题是，在不同分析师跟踪频率之下的企业，卖空交易对股价崩盘风险的影响是否也存在差异呢?为了回答这一问题，本文又将研究样本按照分析师跟踪数量的中位数分为高分析师跟踪频率组和低分析师跟踪频率组进行细分回归。从表3的(1)、(2)列可以看出，在高分析师跟踪频率组，卖空交易的系数不显著；从表3的第(3)、(4)列可以看出，在高分析师跟踪频率组，两个卖空交易指标的系数在1%、5%统计水平下显著为负。这与假设3的理论预测相一致，即卖空交易对股价崩盘风险的抑制效应在分析师跟踪频率较低的企业中表现更加明显。事实上，在分析师跟踪频率较低的企业，企业的信息环境更差，更有利于卖空投资者挖掘企业负面信息，因而卖空交易的作用效果在此类企业中表现更加明显。表3 卖空交易与股价崩盘风险：对假设3的检验 | 变量 | (1) | (2) | (3) | (4) | | --- | --- | --- | --- | --- | | SSR1 | 7.8738 | | \-7.1544\*\*\* | | | SSR2 | (1.07) | 24.3639 (0.30) | (-2.95) | \-41.1311\*\*(-2.00) | | liquidity | \-0.1244\*\*\* | \-0.1224\*\*\* | \-0.1077\*\*\* | \-0.1016\*\*\* | | | (-6.09) | (-5.91) | (-2.89) | (-2.61) | | return | \-0.7954\*\*\* | \-0.7640\*\*\* | \-2.1697\*\*\* | \-2.1515\*\*\* | | | (-4.17) | (-4.00) | (-4.96) | (-4.84) | | totalassets | \-0.0000\*\*\* | \-0.0000\*\*\* | \-0.0000\* | \-0.0000\* | | | (-5.00) | (-5.11) | (-1.79) | (-1.78) | | leverage | \-0.8330\*\*\* | \-0.8406\*\*\* | \-0.6773\* | \-0.7895\*\* | | | (-5.20) | (-5.24) | (-1.94) | (-2.15) | | MB | 0.0667\*\* | 0.0615\*\* | 0.1221\*\* | 0.1352\*\* | | | (2.54) | (2.34) | (2.24) | (2.16) | | ROA | 0.0164 | 0.0179 | \-0.0695 | \-0.0497 | | | (0.64) | (0.69) | (-1.37) | (-0.90) | | Constant | 0.6640\*\*\* | 0.6540\*\*\* | \-0.3174 | \-0.8320 | | 年份行业 | (3.11) YesYes | (3.04) YesYes | (-1.52) YesYes | (-1.62) YesYes | | Observations | 1，660 | 1，660 | 339 | 339 | | R -squared | 0.112 | 0.110 | 0.159 | 0.277 | 说明：\*\*\*、\*\*、\*分别表示1%、5%、10%水平上显著。括号内为t值。 (二)卖空交易与股价崩盘风险：内生性问题从作用逻辑来看，卖空交易和股价崩盘风险之间，可能存在特定的内生性问题。首先，卖空交易和股价崩盘风险之间可能存在联立性(simulta-neity)引起的内生性问题。上市公司股价崩盘风险大，会引起卖空投资者注意，进而导致针对该企业的卖空交易增加；其次，卖空交易对股价崩盘风险的影响还会遇到重要遗漏变量导致的内生性问题。比如，投资者情绪既会影响到卖空交易，也会影响到股价崩盘风险(赵汝为等，2019)21\]。为缓解可能存在的内生性问题，本文尝试引入一个外生事件。中国证券金融公司在2013年2月28日起对融资融券标的股票推行转融券业务，在该制度推行以后，中国证券金融公司可以向上市公司股东借入股票，然后融出给券商，再经由券商向卖空交易者借出证券。截止到2015年，转融券前后共经历四次扩容，分别为2013年2月28日(新增98 家转融券标的企业)、2013年9月16日(新增200 家转融券标的企业)、2014年6月23日(新增341 家转融券标的企业)以及2015年4月30日(新增268家转融券标的企业)。现有文献认为，中国资本市场上这一独有的转融券制度为研究卖空机制提供了绝佳的自然实验(苏东蔚、倪博，2018)：首先，转融券制度的推出，可融股票的供给量出现外生增加，大大降低了卖空交易成本，因而会影响卖空交易行为，从而满足相关性条件；其次，转融券标的并非依据某一企业特征选入，因此不太可能受股价崩盘风险的影响。而且，转融券制度与企业股价崩盘风险之间并无直接的因果关系，该制度影响股价崩盘风险只能通过融券供给量渠道。从这个意义上来讲，转融券制度形成的自然实验满足外生性条件。为了衡量转融券制度的短期因果效应，我们参照 Fang et al. (2014)\[22\]、陈海强等(2015)\[23\]、Brogaard et al. (2017)124\]的做法，只保留了2013年转融券制度推行前后各一年的数据，也即2012——2014年的数据。同时，在具体估计过程中，我们以2013年加入转融券名单的企业作为实验组'以没有加入转融券名单的融资融券标的企业作为对照组。此外，鉴于在双重差分估计过程中，需要具备足够的对照组，我们剔除了在2014年与2015年加入转融券名单的企业，因为这些企业占可卖空企业的比例太高，无法找到足够数量的对照组。具体地，我们采用如下双重差分模型检验3个假设：其中， treat 为组别虚拟变量，如果企业属于转融券标的，则取值为1，否则取值为 0； after，为事件虚拟变量，若样本观测值处于2013年及以后，则取值为1，否则取值为0。控制变量与模型 (1)保持一致。表4报告了双重差分估计结果，其中，第(1)列为假设1的估计结果，由表中可知， treat；，xafter的系数在5%统计水平下显著为负，这表明卖空交易抑制了股价崩盘风险。表4第(2)、(3)列为假设2的估计结果。在第(2)列的非两职合一组样本中， treat；，xafter，的系数不显著；在第(3)列的两职合一组样本中， treat，xafter，的系数在5%统计水平下显著为负。两列结果的差异表明，卖空机制对股价崩盘风险的抑制效应在管理层权力较高的企业中表现更加明显。表4第(4)、(5)列为假设3的估计结果。在第(4)列的高分析师跟踪频率样本中， treat；，xafter，的系数不显著；在第 (5)列的低分析师跟踪频率样本中，treat，，xafter的系数在5%统计水平下显著为负。两列结果的差异表明，空机制对股价崩盘风险的抑制效应在分析师跟踪频率较低的企业中表现更加明显。表4 卖空交易与股价崩盘风险：来自“转融券”制度的自然实验 | 变量 | (1) | (2) | (3) | (4) | (5) | | --- | --- | --- | --- | --- | --- | | treat x after | \-0.1344\*\* | \-0.0778 | \-0.3632\*\* | 0.0934 | \-0.1382\*\* | | | (-2.13) | (-1.12) | (-2.41) | (0.64) | (-1.99) | | liquidity | \-0.1053\*\*\* | \-0.1041\*\*\* | \-0.1236\*\*\* | \-0.0942\*\*\* | \-0.1170\*\*\* | | | (-6.29) | (-5.21) | (-4.07) | (-5.04) | (-3.22) | | return | \-0.7394\*\*\* | \-0.9546\*\*\* | \-0.3603 | \-0.4645\*\* | \-2.1688\*\*\* | | | (-4.30) | (-4.80) | (-1.05) | (-2.51) | (-4.81) | | totalassets | \-0.0000\*\*\* | \-0.0000\*\*\* | \-0.0000\*\* | \-0.0000\*\*\* | \-0.0000\* | | | (-5.86) | (-5.56) | (-2.04) | (-5.84) | (-1.66) | | leverage | \-0.8053\*\*\* | \-0.8045\*\*\* | \-0.5580\* | \-0.8572\*\*\* | \-0.7168\*\* | | | (-5.74) | (-5.11) | (-1.76) | (-5.62) | (-2.07) | | MB | 0.0447\*\* | 0.0498\*\* | 0.0415 | 0.0405\* | 0.1237\*\* | | | (2.08) | (2.16) | (0.57) | (1.65) | (2.27) | | ROA | 0.0267 | 0.0118 | 0.1111\* | 0.0300 | \-0.0859\* | | | (1.19) | (0.48) | (1.94) | (1.20) | (-1.72) | | Constant | 0.4256\*\*\* | 0.3365\*\*\* | 0.7977\*\*\* | 0.4886\*\*\* | \-0.3250 | | 年份行业 | (5.30)Yes Yes | (3.72) Yes Yes | (4.49)Yes Yes | (5.68) Yes Yes | (-1.53)Yes Yes | | Observations | 2，099 | 1，752 | 334 | 1，760 | 339 | | R -squared | 0.065 | 0.060 | 0.126 | 0.064 | 0.157 | 说明：\*\*\*、\*\*、\*分别表示1%、5%、10%水平上显著。括号内为t值。 (三)卖空交易与股价崩盘风险：机制检验上面的分析主要确定了卖空交易与股价崩盘风险的因果关系。接下来的疑问是，卖空交易是否通过企业信息透明度渠道对股价崩盘风险产生抑制效应?接下来，我们将通过传导机制检验回答这一疑问。其中，关于企业信息透明度的衡量方式，我们利用企业的盈余管理程度来衡量，具体公式如下：其中， TA，为企业应计总利润，T为上一期企业总资产， AS，为企业营业收入增加额， PPE为企业固定资产投资。回归方程中的8，即为该企业操纵性应计利润，可以衡量该企业的盈余管理水平(DA)，我们对其取绝对值，得到 DA，该值越大，表明企业盈余管理程度越高。为了保证回归结果的直观性，我们将 DA乘以(-1)得到DA1，该值越大，意味着企业信息透明度越高。表5为机制检验的回归结果。首先，我们检验卖空交易是否提高了企业信息透明度。第(1)列为二者关系的回归结果。由表中可知， treat ×after 的系数均在5%统计水平下显著为正，表明了卖空交易扩大了企业信息透明度。其次，我们在模型(4)的基础上加人卖空交易与企业信息透明度的交乘项( treat x afterxDA1)，检验交乘项的符号情况。由表5的第(2)列可知， treat x after x DA1 的系数在5%水平下显著为负，说明企业信息透明度越高的企业，往往更能促进卖空交易对股价崩盘风险的抑制效应。以上结果表明，卖空机制确实会通过扩大企业信息透明度来抑制股价崩盘风险。表5 卖空交易与股价崩盘风险：机制检验 | 变量 | (1)DA1 | (2)CRASHRISK | | --- | --- | --- | | treat x after | 0.0125\*\* | \-0.0672 | | | (2.09) | (-1.08) | | DA1 | | 0.6888\*\*\* | | | | (2.71) | | treat x after xDA1 | | \-1.4878\*\* | | | | (-2.48) | | liquidity | 0.0023 | \-0.1237\*\*\* | | | (1.26) | (-6.85) | | return | \-0.0911\*\*\* | \-1.0162\*\*\* | | | (-3.61) | (-5.77) | | totalassets | \-0.0000\*\*\* | \-0.0000\*\*\* | | | (-6.14) | (-3.82) | | leverage | 0.0223 | \-0.8067\*\*\* | | | (1.47) | (-5.70) | | MB | 0.0061\*\*\* | 0.0674\*\*\* | | | (3.19) | (2.70) | | ROA | 0.0238\*\*\* | 0.0025 | | | (10.12) | (0.10) | | Constant | 0.0926\*\*\* | 0.1855 | | 年份行业 | (11.77)Yes Yes | (0.89) Yes Yes | | Observations | 2，018 | 1，905 | | R -squared | 0.080 | 0.128 | 说明：\*\*\*、\*\*、\*分别表示1%、5%、10%水平上显著。括号内为 t值。 (四)卖空交易与股价崩盘风险：稳健性检验 1.变量替换本文使用的第二个股价崩盘风险的指标计算方法如下：首先，根据股票i经过市场调整后周收益率(W)是否大于年平均收益将股票收益数据分为上升阶段和下降阶段两个子样本，并分别计算两个子样本中股票收益的标准差，然后使用如下的模型计算 DUVOL： (6) 其中，n(n)为股票i的周特有收益W，大于(小于)年平均收益W的周数。 DUVOL，的数值越大，代表收益率分布更倾向于左偏，股价崩盘风险越大。回归结果如表6所示。第(1)列为假设1的检验结果， treat x after 的系数均在1%统计水平下显著为负；表6第(2)、(3)列为假设2的检验结果。其中，在第(2)列的非两职合一企业组中， treat x after 的系数不显著；在第(3)列的两职合一企业组中， treat x after 的系数显著为负。第(4)、(5)列为假设3的检验结果。其中，在第(4)列的高分析师跟踪频率企业组中，treat × after 的系数不显著；在第(5)列的低分析师跟踪频率企业组中， treat x after 的系数显著为负。上述结果表明了三个假设的回归结果是稳健的。表6 卖空交易与股价崩盘风险：变量替换 | 变量 | (1) | (2) | (3) | (4) | (5) | | --- | --- | --- | --- | --- | --- | | treat x after | \-0.1739\*\*\* | \-0.1014 | \-0.4895\*\*\* | \-0.0879 | \-0.1526\*\* | | | (-3.17) | (-1.64) | (-3.74) | (-0.76) | (-2.49) | | liquidity | \-0.0790\*\*\* | \-0.0946\*\*\* | \-0.0794\*\*\* | \-0.0683\*\*\* | \-0.0885\*\*\* | | | (-5.41) | (-5.15) | (-3.01) | (-4.14) | (-3.07) | | return | \-0.7749\*\*\* | \-1.1838\*\*\* | \-0.3461 | \-0.5979\*\*\* | \-1.6223\*\*\* | | | (-5.17) | (-6.64) | (-1.16) | (-3.67) | (-4.54) | | totalassets | \-0.0000\*\*\* | \-0.0000\*\*\* | \-0.0000 | \-0.0000\*\*\* | \-0.0000 | | | (-6.19) | (-5.70) | (-1.45) | (-6.06) | (-1.07) | | leverage | \-0.7959\*\*\* | \-0.7711\*\*\* | \-0.4522 | \-0.8773\*\*\* | \-0.4556\* | | | (-6.51) | (-5.33) | (-1.64) | (-6.52) | (-1.66) | | MB | 0.0477\*\* | 0.0733\*\*\* | 0.0507 | 0.0370\* | 0.1138\*\*\* | | | (2.55) | (3.32) | (0.80) | (1.71) | (2.63) | | ROA | \-0.0128 | \-0.0309 | 0.0838\* | \-0.0101 | \-0.1122\*\*\* | | | (-0.66) | (-1.39) | (1.69) | (-0.46) | (-2.84) | | Constant | 0.3927\*\*\* | 0.2320 | 0.7057\*\*\* | 0.4712\*\*\* | \-0.4298\*\* | | 年份行业 | (5.62)Yes Yes | (1.31)Yes Yes | (4.57)Yes Yes | (6.20)Yes Yes | (-2.54)Yes Yes | | Observations | 2，099 | 1，665 | 334 | 1，760 | 339 | | R -squared | 0.068 | 0.112 | 0.109 | 0.068 | 0.198 | 说明：\*\*\*、\*\*、\*分别表示1%、5%、10%水平上显著。括号内为 t值。 2.交乘项法检验假设2、3 表7的第(1)列用交乘项法检验假设2，为了更直观的呈现结果，我们将变量 ana 乘以(-1)，此时 ana 越大，分析师跟踪频率就越低，结果显示，treat × after x dual 的系数在5%统计水平下显著为负，表明管理层权力越大，卖空机制对股价崩盘风险的抑制效应就越强；第(2)列用交乘项法检验假设3，为了更直观的呈现结果，我们将变量 ana乘以(-1)，此时 ana 越大，分析师跟踪频率就越低，结果显示， treat x after x ana 的系数在5%统计水平下显著为负，表明分析师跟踪频率越低，卖空机制对股价崩盘风险的抑制效应就越强。表7 卖空交易与股价崩盘风险：交乘项法检验假设2、假设3 | 变量 | (1) | (2) | | --- | --- | --- | | treat x after x dual treat x after xana | \-0.3322\*\* (-2.10) | \-0.1546\*\*(-2.44) | | treat x after | \-0.1656\*\* | \-0.2317\*\*\* | | | (-2.33) | (-3.21) | | dual | 0.1715\*\*\* | | | ana | (3.00) | \-0.3851\*\*\*(-6.50) | | liquidity | \-0.1238\*\*\* | \-0.1225\*\*\* | | | (-6.85) | (-6.95) | | return | \-1.1885\*\*\* | \-1.0433\*\*\* | | | (-7.06) | (-6.26) | | totalassets | \-0.0000\*\*\* | \-0.0000\*\*\* | | | (-3.81) | (-4.05) | | leverage | \-0.7025\*\*\* | \-0.8224\*\*\* | | | (-4.99) | (-5.93) | | MB | 0.0557\*\* | 0.0764\*\*\* | | | (2.37) | (3.26) | | ROA | 0.0143 | 0.0016 | | | (0.58) | (0.06) | | Constant | 0.1774 | \-0.0577 | | 年份行业 | (0.87)Yes Yes | (-0.29) Yes Yes | | Observations | 1，971 | 1，984 | | R -squared | 0.117 | 0.131 | 说明：\*\*\*、\*\*、\*分别表示1%、5%、10%水平上显著。括号内为t值。四、结论本文利用2010-2014年中国上市公司数据，考察了卖空交易对股价崩盘风险的因果影响，实证结果表明：(1)卖空交易降低了股价崩盘风险，且这一作用效果在管理层权力更大的企业以及分析师跟踪频率更少的企业中表现更加明显，在利用“转融券制度”构造的自然实验缓解内生性问题后，上述结论依然稳健；(2)在对作用机制的考察中发现，卖空交易主要通过扩大企业信息透明度来降低股价崩盘风险。上述研究结果表明，卖空交易确实会抑制股价崩盘风险，进而起到稳定资本市场的作用。这一研究结果丰富了卖空交易与股价崩盘风险的相关文献，同时还具有以下政策启示：首先，应该扩大融券标的范围，以便更充分地发挥卖空机制的股价崩盘风险抑制效应；其次，在选择融券标的时，应该把企业信息透明度作为重要的参考标准，尽量选择那些信息透明度较低的企业(例如管理层权力较大的企业以及分析师跟踪频率较低的企业)加入可卖空名单，进而更好地发挥卖空投资者的负面信息挖掘能力；最后，鉴于中国卖空投资者和卖空交易量相对较少的现状，应该逐渐降低卖空交易门槛，使更多的卖空投资者参与到市场交易中。参考文献： \[1\]顾乃康，周艳利.卖空的事前威慑、公司治理与企业融资行为——基于融资融券制度的准自然实验检验\[J\].管理世界(2). \[2\]顾琪，陆蓉.金融市场的“劣汰”机制——基于卖空机制与盈余管理的研究\[J\].财贸经济，2016(5). \[3\]Diamond D W， Verrecchia R E. Constraints on Short -Selling and Asset Price Adjustment to Private Information\[J\]. Journal of Fi-nancial Economics，1987(2). \[4\]Chang E C ， Cheng J W ， Yinghui Y U. Short - Sales Con-straints and Price Discovery：Evidence from the Hong Kong Market\[J\]. The Journal of Finance，2007(5). \[5\]Allen F ，Gale D. Arbitrage， Short Sales，and Financial Inno-vation\[J\]. Econometrica，1991(4). \[6\]Morris S ，Shin H S . Unique Equilibrium in a Model of Self-Fulfilling Currency Attacks \[J\]. American Economic Review， 1998(88). \[7\]唐松，吴秋君，温德尔，杨斯琦.卖空机制、股价信息含量与暴跌风险——基于融资融券交易的经验证据\[J\].财经研究，2016(8). \[8\]褚剑，方军雄.中国式融资融券制度安排与股价崩盘风险的恶化\[J\].经济研究，2016(5). \[9\]苏冬蔚，倪博.转融券制度、卖空约束与股价变动\[J\].经济研究，2018(3). \[10\]Jin，L. and S. C. ，Myers. R2 Around the World：New Theory and New Tests J1. Journal of Financial Economics， 2006(79). \[11\]许年行，江轩宇，伊志宏，徐信忠.分析师利益冲突、乐观偏差与股价崩盘风险\[J\].经济研究，2012(7). \[12\]王化成，曹丰，叶康涛.监督还是掏空：大股东持股比例与股价崩盘风险\[J\].管理世界，2015(2). \[13\]权小锋，吴世农，尹洪英.企业社会责任与股价崩盘风险：“价值利器”或“自利工具”?\[J\].经济研究，2015(11). \[14\]于上尧.机构投资者羊群行为与股价崩盘风险\[J\].管理世界，2013(7). \[15\]罗进辉，杜兴强.媒体报道、制度环境与股价崩盘风险\[J\].会计研究，2014(9). \[16\]陆瑶，彭章，冯佳琪.融资融券对上市公司治理影响的研究\[J\].管理科学学报，2018(11). \[17\]Kwangjoo K ，Jonghwan K . CEO power and firm opacity\[J\]. Applied Economics Letters，2018(1). \[18\]Liu Y ，Jiraporn P. The effect of CEO power on bond ratings and yields\[J\]. Journal of Empirical Finance，2010(4). \[19\]李春涛，宋敏，张璇.分析师跟踪与企业盈余管理——来自中国上市公司的证据\[J\].金融研究，2014(7). \[20\]陈怡欣，张俊瑞，汪方军.卖空机制对上市公司创新的影响研究——基于我国融资融券制度的自然实验\[J\].南开管理评论，2018(2). \[21\]赵汝为，熊熊，沈德华.投资者情绪与股价崩盘风险：来自中国市场的经验证据\[J\].管理评论，2019(3). \[22\]Fang V W，Tian X ，Tice S . Does Stock Liquidity Enhance or Impede Firm Innovation? \[J\]. The Journal of Finance，2014(5). \[23\]陈海强，韩乾，吴锴.融资约束抑制技术效率提升吗?——基于制造业微观数据的实证研究\[J\].金融研究，2015(10). \[24\]Brogaard J，Li D ， Xia Y . Stock Liquidity and Default Risk\[J\]. Journal of Financial Economics，2017(124). 收稿日期 2019-12-03 责任编辑刘梅

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互联网普及、小额贷款公司与普惠金融发展基于中介效应模型的分析 **陈晶，李小悦，万宝宇** **(沈阳工业大学经济学院，沈阳110870)** **摘要：选取2009—2018年中国内地31个省(自治区、直辖市)的面板数据利用中介效应模型分析互联网普及对普惠金融发展总的直接效应及小额货款公司对我国普惠金融的中介效应和间接效应。研究结果表明：我国互联网普及率提高借由对小额贷款公司的影响进而对普惠金融发展指数产生显著的中介效应；分区域的回归方程组显示在小额货款公司融资规模较高而互联网普及程度较低的西部地区出现了较为显著的中介效应在其他互联网普及程度较高地区存在遮掩效应或互联网普及程度、小额贷款公司规模与普惠金融之间不存在显著的传导机制。小额货款公司要突破目前的发展困境需要充分利用互联网技术拓展业务渠道落实“小额、分散、金融支持衫村振兴”的理念更好地服务于普惠金融发展目标。** **关键词：普惠金融；小额贷款公司；互联网普及；中介效应** 中图分类号：F424.6 文献标志码：A 文章编号：1674-0823(2021)06-0534-09 **小额贷款公司(以下简称小贷公司)作为传统民间融资的重要组成部分，曾在缓解民营企业融资约束、促进金融资源优化配置方面起到了重要作用。特别是近年来我国为推动大众仓业、万众创新以及提高低收入人口收入而制定和实施了各项促进普惠金融发展的政策措施小贷公司作为正规金融的有效补充，曾在对小微企业贷款、对农村居民和城镇低收入群体实行金融扶贫中发挥了积极的普惠金融作用。但自2015年以来我国小贷公司呈现整体发展放缓、机构数量和年新增贷款额不断下降的趋势。在互联网普及程度不断提高的今天各种数字金融平台都设计出灵活多样的小额信贷产品。 _一_ 一方面互联网普及程度的提高促进了数字普惠金融的发展；另一方面数字金融平台极大地冲击着实体小贷公司的业务量和生存发展空间。小贷公司能否继续在普惠金融创新发展中起到积极的推动作用未来何去何从是当前亟待思考和探讨的问题。** **一、文献综述** **普惠金融的概念来源于英文“Inclusive Fi-nancial System”，又称包容性金融，是联合国在** **“2005年国际小额信贷年”提出的概念指各国政府通过政策扶持和体系构建，能够以合理的成本为贫困人口、低收入群体和小微企业等弱势群体提供多样化的金融服务建立起能够有效、全方位地为社会所有阶层和群体提供服务的金融体系。普惠金融并不强调金融机构的利润和经济效率的最大化，而是要使那些被排斥在金融体系之外的经济主体能够以可负担的成本享受金融服务。** **最早对普惠金融发展程度的量化测算作出贡献的学者 Beck 等就银行覆盖面的可得性与使用性提出指标依据之后 Sarma 将普惠金融指数分为地理渗透性、金融可得性和金融效用性3个维度进行测算3。在普惠金融发展水平得以有效测量的基础上 Demirguc-Kunt 等从金融发展深度与广度层面指出普惠金融体系的完善与发展能够有效促进经济增长、银行业的发展以及为贫困人口提供生活保障4-61。** **我国小贷公司作为非正规金融的重要组成部分在改革开放后民间借贷市场贷款规模不断扩张的过程中，为那些被正规金融机构拒之门外的小微企业提供了大量融资支持，被赋予了更多的社会使命去促进并实现普惠金融发展目标。2008** 收稿日期：2021-03-24 **基金项目：辽宁省教育厅一般项目(WJGD2020007)；辽宁省双一流建设项目(FWDFGD2020038)。** **作者简介：陈晶(1974-)女辽宁沈阳人副教授，博士主要从事金融学、产业经济学等方面的研究。** **\*本文已于2021-10-25 18：25 在中国知网优先数字出版。网络出版地址： hup： / kns. cnki. nel/kcms/delail/21.1558. C.20211022.1655.008.hlm\]** **年人民银行和银保监会联合发布的《关于小额货款公司试点的指导意见》明确指出发展小贷公司是为了“有效配置金融资源引导资金流向农村和欠发达地区，改善农村地区金融服务”。在此意见指引下2008—2015年间小贷公司获得了迅速发展仅2009年机构数就比2008年末增加了1104家达到1334家；贷款余额比2008年末增加689.38亿元同比增长近9倍。这一时期的小贷公司为私营企业及个体经济、农业、工业和商业发展提供了强有力的资金保障切实践行了普惠金融的发展理念和初衷。** **但2015年至今小贷公司增速开始放缓，在有些省市如河北、内蒙古、上海、安徽、四川等地区机构数量减少全国每年都有几百家小贷公司被市场淘汰；现存小贷公司的贷款余额也逐渐减少，每年至少1/3的公司不能实现盈利\[。关于小贷公司在多大程度上接近普惠金融发展目标在学术界也存在不同观点。郭峰使用山东省相关数据得出研究结论认为小贷公司通过扩大贷款规模、提高对“三农”的支持、降低贷款利率、提高短期贷款占比等措施都能对普惠金融发展产生积极影响。范亚辰等研究认为小贷公司由于无抵押、免担保等低门槛的贷款条件，已经成为累积并溢出金融风险的重要来源对小贷公司进行融资约束会提高社会绩效进而提高其风险承担水平1101。** **除了自身的金融风险受到监管部门的重视和约束小贷公司在近几年还受到互联网技术在金融领域应用推广的影响。林鑫研究发现，市场份额较高的几大电商平台都推出了小额贷款业务，互联网小额贷款金额不断攀升，形成了对实体小贷公司的巨大冲击。在我国互联网普及程度较高的内陆城镇和东南沿海地区互联网信贷、互联网投资理财、互联网支付等以互联网技术为基础的金融业务在传统金融机构和非金融机构广泛开展其业务领域几乎覆盖了对于小额分散资金的所有投融资需求极大冲击着小贷公司的生存发展\[12-13\]。** **当前我国小贷公司正面临严峻的发展困境，在正规金融逐步建立数字金融体系、互联网金融快速扩张、金融监管机构收紧融资约束等多重因素的“夹击”下小贷公司如何突破瓶颈实现可持续发展成为亟待解决的问题。本文仅就互联网普及程度提高对小贷公司的竞争性和冲击性以及由此影响到小贷公司服务于普惠金融发展目标的程度进行量化分析，试图在互联网技术应用领域不断扩张的时代背景下，探索适合我国小贷公司** **长远发展的路径切实践行普惠金融发展目标对因地制宜地制定小贷公司区域性发展战略提供借鉴和启发。** **二、理论分析** **基于小贷公司促进普惠金融发展与互联网技术在金融领域的应用三者之间的相互关系本文认为使用中介效应模型进行研究和检验较为妥当：互联网普及程度的提高，一方面可以促进数字金融平台的发展有效打破地域限制为偏远地区缺少金融机构网点的企业和贫困人口提供金融服务从而更好地服务于普惠金融发展目标；另一方面数字金融平台对实体小贷公司的经营领域形成了竞争和冲击。互联网普及既直接对普惠金融发展产生影响，同时又通过小贷公司间接对普惠金融产生中介效应。由此本文将互联网技术应用推广、小额贷款公司服务普惠金融的传导机制概括为以下路径，如图1所示。** **图1 互联网技术应用推广对普惠金融和小贷公司影响的传导机制** **三、模型设定与数据选取** **1.中介效应模型简介** **1925—1930年英国化学家克里斯托夫·英果尔德创立了中介论。他认为在常态下具有不饱和体系的分子中存在着电子转移，由这种电子转移所产生的效应称为中介效应。这一理论之后被广泛地应用于社会科学领域的研究中。考虑自变量X对因变量Y的影响如果X通过影响变量M而对Y产生影响，则称M为中介变量。可以用下列回归方程来描述中介效应模型变量之间的关系：** **其中：方程(1)的系数c为自变量X对因变量Y总的直接效应。方程(2)的系数a为自变量X对中介变量M的效应。方程(3)的系数b是在控制自变量X的影响后，中介变量M对因变量Y的效应；系数c是在控制了中介变量M的影响后，自变量X对因变量Y的直接效应；e~e，为回归残** **差。这样在简单的中介效应模型中，中介效应就等于系数a和b的乘积，即ab.总效应、直接效应和中介效应三者之间的关系为c=c+ab114\]。** **检验中介效应的常用方法是逐步检验回归系数法即通常说的逐步法：首先检验方程(1)的系数c(即检验H：c=0)。其次依次检验方程(2)的系数a(即检验H：a=0)和方程(3)的系数b(即检验H：b=0)。如果方程(1)的系数c显著方程(2)、(3)的系数a和b均显著则中介效应显著；如果方程(1)系数c不显著则说明X对Y的影响不显著但是如果a和b显著则说明存在间接效应；如果间接效应和直接效应c符号相反总效应就出现了被遮掩的情况，可能存在“遮掩效应”【15\]；如果方程(3)的系数c不显著，则属于完全中介效应。中介效应是以c显著为前提的如果c不显著而a和b显著则说明存在X对Y的间接效应。中介效应一定是间接效应，而间接效应不一定是中介效应\[16\]。** **2.互联网普及、小贷公司、普惠金融的中介效应模型** **将基准模型选取的被解释变量设为普惠金融指数(IFI)解释变量包括互联网普及指数(INT)和3个小贷公司发展指标的归一化指数：小贷公司贷款余额指数(MCL)、小贷公司实收资本指数(MCC)和小贷公司机构数量指数(MCQ)。根据中介效应模型设定5个回归方程，如方程(4)~(8)所示。** **方程(4)的系数c，代表互联网普及应用对普惠金融发展总的直接效应；方程(5)~(7)的系数αB和yi分别体现了互联网普及应用对小贷公司贷款余额、实收资本和机构数量的影响；方程(8)的系数中2中和中4是在控制了互联网普及指数INT 的情况下，作为中介变量的小贷公司的3个指标对普惠金融发展指数 IFI的影响。各变量之间的相互作用关系如图2所示。** **根据温忠麟等对于中介效应检验流程的深入探讨首先检验方程(4)的系数c，，如果显著则说明互联网普及对于普惠金融的发展存在总效应。然后依次检验方程(5)~(8)的系数αB、y和中2中3中4的显著性，如果均显著则说明中** 介效应显著；如果方程(8)的系数中不显著，说明直接效应不显著存在完全中介效应。第三步分别比较α中2和中B中和中y中4和中的符号如果同号则属于部分中介效应中介效应占总效应的比例分别为 α中z/cBi中3/c，和yi中a/c；如果异号则属于遮掩效应，中介效应与直接效应α中2比例的绝对值为 B中3和Y1中4 **图2 互联网普及指数、小货公司发展与普惠金融中介效应模型** **3.指标与数据来源** **选取中国内陆31个省(自治区、直辖市)2009一2018年的面板数据作为样本数据数据来源于历年的《中国统计年鉴》《中国金融年鉴》万得数据库和《中国区域金融运行报告》，2009年、2014年、2018年各省(自治区、直辖市)的普惠金融指数测算值如表1所示。** **表1 我国内陆各省(自治区、直辖市)普惠金融指数** | **省(自治区、直辖市)** | **2009年** | **2014年** | **2018年** | | --- | --- | --- | --- | | **北京** | **0.688** | **0.606** | **0.634** | | **天津** | **0.430** | **0.350** | **0.429** | | **河北** | **0.170** | **0.166** | **0.165** | | **山西** | **0.237** | **0.223** | **0.227** | | **内蒙古** | **0.126** | **0.139** | **0.182** | | **辽宁** | **0.205** | **0.203** | **0.247** | | **吉林** | **0.166** | **0.153** | **0.215** | | **黑龙江** | **0.149** | **0.152** | **0.182** | | **上海** | **0.651** | **0.696** | **0.677** | | **江苏** | **0.208** | **0.228** | **0.234** | | **浙江** | **0.344** | **0.346** | **0.340** | | **安徽** | **0.124** | **0.134** | **0.121** | | **福建** | **0.183** | **0.180** | **0.156** | | **江西** | **0.120** | **0.131** | **0.136** | | **山东** | **0.152** | **0.153** | **0.169** | | **河南** | **0.114** | **0.114** | **0.115** | | **湖北** | **0.133** | **0.121** | **0.116** | | **湖南** | **0.117** | **0.101** | **0.109** | | **广东** | **0.248** | **0.255** | **0.244** | | **表1(续)** | | | | | --- | --- | --- | --- | | **省(自治区、直辖市)** | **2009年** | **2014年** | **2018年** | | **海南** | **0.191** | **0.195** | **0.204** | | **广西** | **0.095** | **0.103** | **0.110** | | **重庆** | **0.187** | **0.214** | **0.173** | | **四川** | **0.166** | **0.195** | **0.181** | | **贵州** | **0.116** | **0.123** | **0.138** | | **云南** | **0.143** | **0.120** | **0.089** | | **西藏** | **0.095** | **0.157** | **0.181** | | **陕西** | **0.187** | **0.184** | **0.186** | | **甘肃** | **0.165** | **0.191** | **0.210** | | **青海** | **0.174** | **0.205** | **0.210** | | **宁夏** | **0.203** | **0.211** | **0.213** | | **新疆** | **0.133** | **0.158** | **0.143** | **使用两阶段最小二乘法进行非平衡面板数据的回归分析。基准模型和中介效应模型中的变量包括普惠金融指数(IFI)、小贷公司贷款余额归一化指数(MCL)、实收资本(MCC)和机构数量(MCQ)的归一化指数，以及互联网普及指数(INT)。工具变量包括人均地区生产总值第一、二、三产业增加值外商投资企业进出口总额社会消费品零售总额，个体户数私营企业户数\[18。** **(1)普惠金融指数** 普惠金融指数借鉴了联合国构建人类发展指数的思路119\]采用变异系数法具体测算公式为式中：IFI为第i个地区的普惠金融指数；E为第k个维度的测度值；w.为第k个维度的权重。 **普惠金融指数 IFIe \[01\]当IFI等于1时表示完全不存在金融排斥普惠金融水平最高；反之则普惠金融水平较低201。** 观测期内第i个指标第k个维度测度公式为式中：wk；为熵值法计算出的权重 pks=(a/A.)/Z(叮/A)其中o：表示观测期内第范个指标的标准差A.表示观测期内第i个指标的均值； yiks为对第i个省份第k项指标进行标准化处理后Xiks-mintaer}的值 yikf== max{x)-min{x) **因此E越大表示第i个指标的实际观测值越接近最优值代表其反映的普惠金融发展水平越高。** **借鉴 Finscope、AFI、World Bank 等研究机构对普惠金融的定义从4个维度构建普惠金融指** **数：金融服务的渗透度选取每万人拥有的金融机构服务人员数和网点数、每万平方千米的金融机构服务人员数和网点数这4个指标；金融服务的可获得性包括人均存款余额、人均贷款余额和人均储蓄存款余额；金融服务的使用效用性包括银行存款总额占 GDP比重、银行贷款总额占 GDP比重和储蓄存款余额占 GDP比重；用户受金融服务价格影响程度选取人民币一般贷款加权平均利率。这样，共得到11个指标变量21。** (2)小贷公司归一化指数及互联网普及指数 **为防止计量中指标单位量纲不同导致的回归结果不稳定性在基准模型和中介效应模型中所选取的变量都采用无量纲化处理。其中小贷公司的3个指标-——贷款余额、实收资本和机构数量分别采用标准化法即归一法处理。与普惠金融指数中yiks的建立方法一致取每期观测值与同期观测值的差再与同期最大值和最小值的差进行比较x'=一x-mii1nn得到3个归一化指数：MCL max-min(小贷公司贷款余额)、MCC(实收资本)、MCQ** **(机构数量)。** **互联网普及指数的构建方法与普惠金融指数中的E：k一致，选取各地区互联网上网人数、互联网宽带接入端口数和移动互联网用户数分别计算出历年3个指标的权重后再与其归一化指数相乘122得到互联网普及指数。经去量纲测算后 2009年、2018年有关指数分别如表2、3所示。** **表2 我国内陆各省(自治区、直辖市)互联网普及指数** | **省(自治区、** | **2009年2018年** | | **省(自治区、** | **2009年2018年** | | | --- | --- | --- | --- | --- | --- | | **直辖市)** | | | **直辖市)** | | | | **北京** | **0.270** | **0.216** | **湖北** | **0.268** | **0.343** | | **天津** | **0.102** | **0.092** | **湖南** | **0.249** | **0.356** | | **河北** | **0.393** | **0.481** | **广东** | **1.000** | **1.000** | | **山西** | **0.211** | **0.226** | **海南** | **0.038** | **0.051** | | **内蒙古** | **0.102** | **0.152** | **广西** | **0.214** | **0.292** | | **辽宁** | **0.330** | **0.332** | **重庆** | **0.158** | **0.210** | | **吉林** | **0.150** | **0.160** | **四川** | **0.307** | **0.542** | | **黑龙江** | **0.192** | **0.219** | **贵州** | **0.097** | **0.192** | | **上海** | **0.306** | **0.203** | **云南** | **0.149** | **0.239** | | **江苏** | **0.596** | **0.667** | **西藏** | **0.000** | **0.000** | | **浙江** | **0.521** | **0.545** | **陕西** | **0.173** | **0.248** | | **安徽** | **0.239** | **0.357** | **甘肃** | **0.080** | **0.128** | | **福建** | **0.296** | **0.319** | **青海** | **0.015** | **0.021** | | **江西** | **0.154** | **0.243** | **宁夏** | **0.016** | **0.031** | | **山东** | **0.578** | **0.673** | **新疆** | **0.106** | **0.155** | | **河南** | **0.400** | **0.549** | | | | **由表2可知，上海、北京和天津一直是普惠金融发展程度较高的地区，而西藏、贵州和内蒙古3个地区的普惠金融发展程度一直较低。互联网普** **及程度最高、发展最快的省份是广东江苏、山东紧随其后西藏目前仍然是互联网普及程度最低的省份。** **表3 我国内陆各省(自治区、直辖市)小贷公司货款余额、实收资本、机构数量归一化指数** | **省(自治区、** | | **贷款余额** | **实收资本** | | | **机构数量** | **省(自治区、** | | **贷款余额** | | **实收资本** | **机构数量** | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | **直辖市)** | **2009年2018年2009年2018年2009年2018年** | | | | | | **直辖市)** | **2009年2018年2009年2018年2009年2018年** | | | | | | | **北京** | **0.042** | **0.089** | **0.066** | **0.142** | **0.054** | **0.132** | **湖北** | **0.049** | **0.208** | **0.062** | **0.348** | **0.169** | **0.425** | | **天津** | **0.042** | **0.080** | **0.085** | **0.122** | **0.115** | **0.125** | **湖南** | **0.035** | **0.060** | **0.020** | **0.102** | **0.054** | **0.176** | | **河北** | **0.410** | **0.164** | **0.588** | **0.279** | **0.892** | **0.681** | **广东** | **0.234** | **0.578** | **0.354{** | **0.801** | **0.419** | **0.725** | | **山西** | **0.274** | **0.108** | **0.368** | **0.201** | **0.568** | **0.445** | **海南** | **0.001** | **0.036** | **0.004{** | **0.052** | **0.000** | **0.064** | | **内蒙古** | **0.553** | **0.174** | **0.745** | **0.290** | **1.000** | **0.559** | **广西** | **0.018** | **0.332** | **0.036** | **0.304** | **0.088** | **0.467** | | **辽宁** | **0.146** | **0.206** | **0.246** | **0.411** | **0.554** | **0.831** | **重庆** | **0.192** | **1.000** | **0.249** | **1.000** | **0.324** | **0.402** | | **吉林** | **0.061** | **0.065** | **0.094** | **0.152** | **0.345** | **0.818** | **四川** | **0.069** | **0.407** | **0.106** | **0.609** | **0.115** | **0.485** | | **黑龙江** | **0.043** | **0.065** | **0.077** | **0.138** | **0.277** | **0.383** | **贵州** | **0.058** | **0.044** | **0.090** | **0.085** | **0.304** | **0.430** | | **上海** | **0.162** | **0.145** | **0.197 0.231** | | **0.20910.176** | | **云南** | **0.089** | **0.075** | **0.120** | **0.130** | **0.351** | **0.401** | | **江苏** | **0.556** | **0.652** | **0.587** | **0.954** | **0.561** | **1.000** | **西藏** | **0.000** | **0.000** | **0.001** | **0.000** | **0.000** | **0.000** | | **浙江** | **1.000** | **0.471** | **1.000** | **0.685** | **0.655** | **0.503** | **陕西** | **0.1040.160** | | **0.164 0.275** | | **0.203** | **0.409** | | **安徽** | **0.294** | **0.304** | **0.337** | **0.418** | **0.655** | **0.684** | **甘肃** | **0.021** | **0.079** | **0.036** | **0.177** | **0.162** | **0.508** | | **福建** | **0.021** | **0.202** | **0.020** | **0.292** | **0.000** | **0.163** | **青海** | **0.002** | **0.022** | **0.000** | **0.035** | **0.014** | **0.096** | | **江西** | **0.048** | **0.162** | **0.067** | **0.265** | **0.081** | **0.300** | **宁夏** | **0.079** | **0.023** | **0.093** | **0.047** | **0.257** | **0.174** | | **山东** | **0.210** | **0.341** | **0.263** | **0.514** | **0.284** | **0.503** | **新疆** | **0.031** | **0.132** | **0.036** | **0.195** | **0.047** | **0.428** | | **河南** | **0.019** | **0.155** | **0.040** | **0.232** | **0.122** | **0.396** | | | | | | | | 由表3可知从小贷公司的贷款余额、实收资本和机构数量3个指标看2018年重庆、江苏、吉林和辽宁处于领先地位，广西在这10年中发展最为迅速而西藏、海南和青海这3个指标几乎都是最低的。 **四、回归模型估计与检验** **1.我国内陆31个省(自治区、直辖市)总体回归分析** **对多元回归方程(4)~(8)进行两阶段最小二乘法的固定效应模型估计结果如表4所示。根据中介效应模型的假设检验和估计结果可知在方程(4)中互联网普及指数对普惠金融发展有显著的总效应互联网普及指数每增加1个单位将推动普惠金融指数增加0.131个单位。方程(5)和(6)** **中互联网普及对小贷公司贷款余额和实收资本的影响系数较高但仅通过了10%的显著性检验；方程(7)中互联网普及指数对小贷公司机构数量的影响系数显著为负且达到了1%的显著性水平，说明互联网普及程度越高的地区小贷公司数量越少。方程(8)中在同时控制了小贷公司3个指标的情况下互联网普及指数对于普惠金融的影响是不显著的，说明直接效应不明显；而小贷公司3个指标均通过了5%的显著性检验并且小贷公司机构数量对普惠金融具有负向影响，结果符合中介效应模型假设及本文之前的判断，即我国的互联网普及推广对普惠金融的影响存在完全中介效应小贷公司作为中介既受到互联网普及水平的影响，又对普惠金融发展产生作用。** | **解释变量** | **被解释变量** | | | | | | --- | --- | --- | --- | --- | --- | | **解释变量** | **(4)普惠金融(5)小货公司贷款(6)小贷公司实收(7)小贷公司机构(8)普惠金融** | | | | | | **解释变量** | **指数** | **余额归一化指数** | **资本归一化指数** | **数量归一化指数** | **指数** | | **互联网应用指数** | **0.131\*\*\*** | **1.111** | **0.703** | **\-0.806\*\*\*** | **\-0.011** | | **小贷公司货款余额归一化指数** | | | | | **0.081\*\*** | | **小贷公司货款余额归一化指数** **滞后项** | | **0.424\*\*** | | | | | **解释变量** | **被解释变量** | | | | | | --- | --- | --- | --- | --- | --- | | **解释变量** | **(4)普惠金融(5)小贷公司贷款(6)小贷公司实收(7)小贷公司机构(8)普惠金融** | | | | | | **解释变量** | **指数** | **余额归一化指数** | **资本归一化指数** | **数量归一化指数** | **指数** | | **实收资本归一化指数** | | | | | **0.086\*\*** | | **实收资本归一化指数滞后项** | **0.682\*\*** | | | | | | **机构数量归一化指数** | | | | **0.596\*\*** | **\-0.207\*\*** | | **机构数量归一化指数滞后项** | | | | **0.596\*\*** | | | **普惠金融指数滞后项** | **0.611** | | | **0.596\*\*** | **0.556** | | **常数项** | **0.044\*\*** | **\-0.201\*\*** | **\-0.118\*** | **0.421\*\*\*** | **0.143\*\*\*** | | **拟合度R** | **0.991** | **0.907** | **0.963** | **0.965** | **0.981** | | **F值** | | **36.941** | **109.073** | **123.837** | **627.691** | | **D.W.值** | | **1.245** | **1.417** | **1.872** | **1.109** | | **观测值** | **247** | **279** | **248** | **248** | **247** | **注：°表示P值<0.1，\*\*表示P值<0.05，\*\*\*表示P值<0.01；下同。** 根据上文的中介效应检验步骤方程(8)中的互联网普及指数不显著说明在控制了小贷公司指标后互联网普及对普惠金融的直接效应比较微弱而小贷公司的中介效应较为突出。方程(8)中互联网普及指数的系数为负导致α中和中中和中y中4和中的符号为异号表明存在遮掩效应。小贷公司贷款余额、实收资本和机构数量对于互联网普及指数的中介效应分别为0.089、0.060、0.166，中介效应与直接效应的比例绝对值分别为8.181、5.496、15.167。 **2.不同区城回归结果比较分析** **考虑到不同省份互联网普及和小贷公司发展程度的差异按照国家统计局对于东部、西部、东北部和中部地区的划分对不同区域的省市再次进行面板数据回归分析结果显示区域之间的中介效应和遮掩效应存在较大差异。** **从全部基准方程和中介效应以及直接效应方程的回归结果看在西部地区方程(4)中互联网普及指数对于普惠金融总的直接效应虽然不显著但是方程(5)~(8)的相关系数显著性都在10%以上可以判断互联网技术在金融领域的普** 及应用经由小贷公司对普惠金融产生了间接效应。具体看：此中2与中异号、中和中异号表明存在遮掩效应并且小贷公司贷款余额和实收资本的中介效应与直接效应比例的绝对值分别为0.182和0.40；y中4和中同号表明存在部分中介效应，中介效应与总效应的比值为1.520。在中部地区只有小贷公司机构数量指标显示出较高的中介效应，中介效应为0.513；y中4和中的符号相反表明存在遮掩效应，中介效应与直接效应的比例绝对值为1.380。 **在东部地区几乎所有方程的显著性均未通过T检验；东北地区只有互联网普及指数作为唯一自变量的方程显示出较高的显著性，其他方程系数均未通过显著性检验(具体方程限于篇幅未全部列出)。也就是说，虽然这些地区互联网普及程度的提高会对普惠金融发展产生直接影响，但在控制了小贷公司的各项指标后这种影响消失了表明在东部和东北部地区互联网普及、小贷公司发展与普惠金融发展没有构成中介效应的传导机制。具体回归分析结果如表5所示。** **表5 各区域基准方程回归结果** | **解释变量** | **中部地区被解释变量** | | | | | | --- | --- | --- | --- | --- | --- | | **解释变量** | **(4)普惠金融(5)小贷公司货款(6)小贷公司实收(7)小贷公司机构(8)普惠金融** | | | | | | **解释变量** | **指数** | **余额归一化指数** | **资本归一化指数** | **数量归一化指数** | **指数** | | **互联网应用指数** | **0.23333\*\*\*** | **\-0.294** | **0.205** | **\-0.91\*\*** | **\-0.372** | | **小贷公司货款余额归一化指数** | | | | | **\-0.293** | | **小贷公司货款余额归一化指数** **滞后项** | | **0.740** | | | | | **实收资本归一化指数** | | | | | **0.749\*\*** | **表5(续)** | **解释变量** | **中部地区被解释变量** | | | | | | --- | --- | --- | --- | --- | --- | | **解释变量** | **(4)普惠金融(5)小货公司货款(6)小货公司实收(7)小贷公司机构(8)普惠金融** | | | | | | **解释变量** | **指数** | **余额归一化指数** | **资本归一化指数** | **数量归一化指数** | **指数** | | **实收资本归一化指数滞后项** | **0.745** | | | | | | **机构数量归一化指数** | | | | | **\-0.564** | | **机构数量归一化指数滞后项** | | | | **0.624** | **\-0.564** | | **普惠金融指数滞后项** | **\-0.021\*\*\*** | | | **0.624** | **\-1.619** | | **常数项** | **0.068** | **0.148** | **0.000** | **0.471** | **0.615** | | **R** | **0.948** | **0.781** | **0.904** | **0.934** | **0.792** | | **F值** | **106.319** | **29.977** | **80.249** | **109.775** | **128.820** | | **D.W.值** | **2.178** | **2.384** | **2.465** | **2.590** | **1.607** | | **观测值** | **48** | **48** | **48** | **48** | **48** | | **西部地区被解释变量** | | | --- | --- | | **解释变量** | **(4)普惠金融(5)小货公司货款(6)小货公司实收(7)小贷公司机构(8)普惠金融** | | | | | | --- | --- | --- | --- | --- | --- | | | **指数** | **余额归一化指数** | **资本归一化指数** | **数量归一化指数** | **指数** | | **互联网应用指数** | **0.049** | **\-0.272** | **0.470\*\*** | **\-1.290\*\*** | **0.352** | | **小贷公司贷款余额归一化指数** | | | | | **0.235\*\*** | | **小贷公司货款余额归一化指数** | | | | | | | **滞后项** | | **0.829** | | | | | **实收资本归一化指数** | | | | | **\-0.301\*\*** | | **实收资本归一化指数滞后项** | | | **0.775** | | | | **机构数量归一化指数** | | | | | **\-0.058** | | **机构数量归一化指数滞后项** | | | | **0.871\*\*\*** | | | **普惠金融指数滞后项** | **0.691\*\*\*** | | | | **\-0.812** | | **常数项** | **0.043** | **0.089** | **\-0.023** | **0.287** | **0.014** | | **R** | **0.914** | **0.921** | **0.954** | **0.957** | **0.798** | | **F值** | **68.765** | **49.451** | **86.407** | **94.990** | **67.799** | | **D.W.值** | **2.156** | **2.122** | **1.574** | **2.310** | **1.992** | | **观测值** | **96** | **95** | **95** | **95** | **96** | | **解释变量** | **(4)普惠金融指数** | **(8)普惠金融指数** | **(4)普惠金融指数** | **(8)普惠金融指数** | | --- | --- | --- | --- | --- | | **互联网应用指数** | **0.502\*\*** | **\-0.051** | **0.054** | **\-0.006** | | **小货公司货款余额归一化指数** | | | | | | **小贷公司贷款余额归一化指数** **滞后项** | | **\-0.253** | | **0.035** | | **实收资本归一化指数** | | | | | | **实收资本归一化指数滞后项** | | **0.439** | | **0.142** | | **机构数量归一化指数** | | | | | | **机构数量归一化指数滞后项** | | **0.001** | | **\-0.205** | | **普惠金融指数滞后项** | **1.360\*\*\*** | **0.334** | **0.225** | **0.157** | | **常数项** | **\-0.187\*\*\*** | **0.079** | **0.224\*\*** | **0.289\*\*\*** | | **R** | **0.895** | **0.930** | **0.994** | **0.993** | | **F值** | **42.069** | **35.148** | **1024.100** | **830.020** | | **D.W.值** | **1.993** | **1.460** | **1.541** | **1.372** | 观测值 _24_ _24_ 80 80 **五、研究结论及政策建议** **1.研究结论** **通过建立互联网普及程度对普惠金融发展直接影响和间接影响的中介效应模型分别对全国和4个区域的中介效应进行了检验分析。从2018年统计数据看全国总体上互联网普及程度越高的地区小贷公司数量越少；江苏省是个例外互联网普及指数在全国排名第三但小贷公司机构数量、贷款余额、实收资本3个指标都排名靠前；青海、宁夏、青藏、海南的小贷公司3个指标和互联网普及指数都排在最后。** **回归结果表明，全国整体上互联网普及应用对普惠金融发展形成了显著的直接影响，并且经由小贷公司发展对普惠金融产生了显著的中介效应。但小贷公司数量对普惠金融的影响在对互联网普及指数进行控制的情况下显著为负，即随着近年来小贷公司数量的减少，普惠金融发展指数仍然在上升，而这一回归结果是互联网普及程度提高带来的。这表示我国互联网技术对数字普惠金融发展产生的积极影响，抵消了小贷公司近年来业务量萎缩的消极影响。** **从分区域回归结果看东部和东北地区都没有通过中介效应模型检验。在中部地区只有小贷公司数量这一指标构成了中介效应，但由于系数之间的乘积为负数说明互联网普及程度的提高和小贷公司机构数量的减少共同促进了该地区普惠金融的发展。而西部地区建立小贷公司试点较多近年来发展较快在控制了小贷公司3个指标后，体现出互联网借由小贷公司发展对地区普惠金融发展的积极影响。结合2018年统计数据来看虽然福建、上海、江西小贷机构数量排名靠后，但小贷公司的贷款总额和实收资本却在全国排名靠前互联网普及指数排名也靠前，说明实体小货公司数量并未影响这些省份的小货金额和实收资本小贷公司很可能通过建立自有的互联网小贷平台拓展业务空间。这些都充分说明了互联网普及程度与实体小贷公司之间呈相反的发展趋势：互联网技术在金融领域的推广应用和由此形成的数字金融平台造成了对小贷公司的业务竞争，数字金融的兴起对实体小贷公司的业务开展形成了较大替代性和冲击性。** **2\. 政策建议** **小贷公司一直是服务于普惠金融发展目标的重要民间金融机构。对于突破目前发展瓶颈的道路本文提出如下建议：首先从策略上必须回归** **到大力发展小贷公司的初衷，即引导资金流向农村和欠发达地区改善偏远、互联网普及率较低地区的金融资源配置不以营利为首要目的突出小贷公司的普惠金融特征。** **其次在互联网技术落后地区增加实体网点，切实贯彻执行金融支持乡村振兴、服务大众的普惠金融发展方针积极拓展边远欠发达地区的业务范围在互联网普及程度较低地区增设实体小贷公司。深入广大农村地区开展主动营销、精准营销积极寻找和推广农业信贷、乡镇企业融资的可行性项目，使农户和乡镇企业家及时了解优质金融产品和服务信息及时掌握各类利好金融政策消息。** **再次在互联网普及程度较高地区必须借助互联网技术拓展业务渠道建设小贷公司自己的网络金融平台从而降低数字金融对其替代作用。实体小贷公司既要充分利用互联网技术拓展业务渠道业务范围又不能超出银保监会监管规定的范围并要严谨防范金融风险加速纳入银行征信系统。2021年初，人民银行、银保监会研究制定金融“十四五”规划要求推动“无接触金融”服务模式驱动小微贷款金融服务朝着全流程自动化、在线化、高效化发展。虽然互联网金融平台的金融风险防范一直是我国金融体系预防金融危机、防止风险集聚溢出的监管重点但不能因噎废食，而要兼顾金融安全与金融效率平衡发展。** **最后小贷公司作为实现普惠金融的重要组成部分在巩固脱贫攻坚成果过程中应将金融帮扶方式发挥更大的作用，使其成为小额信贷的重要供给者；弱化金融资本的短期逐利性在微利、薄利的投资回报期待下，以补齐低收入人口和欠发达地区的金融短板为发展理念坚持服务于实体经济、服务于普惠金融。** **参考文献：** **\[1\] Allen F ，Demirglle-Kunt A ，Klapper L ，et al. The** foundations of financial inclusion： understanding own- **ership and use of formal accounts \[J\]. Journal of Fi-nancial Intermediation 2016 27(1)：1-30.** **\[2\] Beck T Demirguc-Kunt A Peria M M. Reaching out：access to and use of banking services acrass countries** \[J\]. Social Science Electronic Publishing ，2007 ，85 **(1)：234-266.** **\[3\] Sarma M Pais J. Financial inclusion and development\[J\]. Journal of \[nternational Development ，2011 ，23** (5)：76-78. \[4\] Demirgue-Kunt A Levine R. Finance ，financial sector policies and long-run growth \[R\]. Washington D.C.： **Policy Research Working Paper Series 2008.** case-study of West Bengal \[R\]. Munich： MPRA Paper， **2011.** \[6\] Demirguce-Kunt A ，Klapper L. Measuring financial in- **clusion： the Global Findex Database \[R\]. Washington** **D. C. ： Policy Research Working Paper 2012.** **\[7\]中国金融学会.中国金融年鉴\[M\].北京：中国金融出版社2010.** **\[8\]张博胡金焱，马驰骋.从钱庄到小额货款公司：中国民间金融发展的历史持续性\[J\].经济学(季刊)2018 ，17(4)：1383-1408.** **\[9\]郭峰.小额贷款公司能服务普惠金融发展目标吗?——来自山东省的证据\[J\].济南大学学报(社会科学版)201828(6)：105-118.** **\[10\]范亚辰何广文杨虎锋.小额货款公司风险承担与社会绩效——基于融资约束的视角\[J\].华南理工大学学报(社会科学版)201820(5)：71-81.** **\[11\]林鑫.互联网小额贷款公司的发展困境与路径分析\[J\].商讯， 2020(19)：157-158.** **\[12\]刘骏.小额贷款公司的支农“异化”与制度选择 \[J\].农业经济问题2020(10)：40-50.** **\[13\]刘鹏.给小贷一个“名分”\[N\].经济观察报20200-09-21(8).** **\[14\] Kenny D A Korchmaros J D ，Bolger N. Lower level** **mediation in multilevel models \[J\]. Psychol Methods，** **2003 8(1)：115-128.** **\[15\] Baron R M Kenny D A. The moderator-mediator vari-able distinction in social psychological research： con-** ceptual ，strategic ，and statistical considerations **\[J\].** **Chapman and Hall 1986 51(6)：1173-1182.** **\[16\] Judd C M ，Kenny D A. Process analysis： estimating** **mediation in treatment evaluations\[J\]. Evaluation** **Review 1981 5(5)：602-619.** **\[17\]温忠麟，张雷侯杰泰等.中介效应检验程序及其应用 \[J\].心理学报2004(5)：614-620.** **\[18\]吴庆田，朱映晓.数字普惠金融对企业技术创新的影响研究——阶段性机制识别与异质性分析 \[J\].工业技术经济2021 40(3)：143-151.** \[19\] **胡宗义丁李平，刘亦文.中国普惠金融发展的空间动态分布及收敛性研究 \[J\].软科学201832(9)：19-23.** **\[20\]成学真，龚沁宜.数字普惠金融如何影响中国实体经济的发展——基于系统GMM模型和中介效应检验的分析\[J\].湖南大学学报(社会科学版)2020，** 34(3)：59-67. **\[21\]陈银娥孙琼.中国普惠金融发展的分布动态与空间趋同研究 \[J\].金融经济学研究2015 30(6)：72-81.** \[22\] **颜能恩.互联网小额贷款公司内部控制体系研究\[D\].广州：暨南大学2020.** **Internet popularization ，micro-credit companies and development of inclusive finance-analysis based on Mediation Model** **CHEN Jing， LI Xiao-yue ， WAN Bao-yu** ( School of Economies ，Shenyang University of Technology ， Shenyang 110870，China) **Abstract： The panel data of 31 provinces ， autonomous and municipalities regions in the Chinese mainland are selected from 2009 to 2018， a mediating effect model is used to analyze total direct effect of internet popularization on the development of inclusive finance ， and intermediate and indirect effect of micro-credit companies on the development of inclusive finance in China. The results show that： the internet popularization has a significant mediation effect on inclusive finance through the development of micro-credit companies； a significant mediation effect appears in the western region where the financing scale of micro-eredit companies is higher and the development degree of internet finance is lower， while in other regions with a higher degree of internet finance development ， there is a masking effect or no significant transmission mechanism between internet application ， micro-credit company size and inclusive finance. To break through the development dilemma ， micro-credit companies need to make full use of internet technology to expand business channels ， and implement the concepts of “small amount ， decentralization and financial support for rural revitaliz ation to serve the goal of inclusive finance better.** **Key words： inclusive finance； micro-credit company； internet popularization； mediation effect**

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**团”从9月25日至10月10日历时半月在台湾南部地区开展巡演交流活动。三个院团约106人将分别深入台南市、高雄市和屏东县的社区、乡镇庙口开展共计50场的巡回演出。厦门市举行如此大规模、长时间、影响广的赴台的专业戏曲巡演交流活动还是首次，这在全省乃至全国也是少洧的。** **(厦门市文广新局)** **国际儿童青少年戏剧协会秘书长访问晋江市掌中木偶剧团** **国际儿童青少年戏剧协会秘书长依维萨斯密克近日访问晋江市掌中木偶剧团，参观晋江的文化设施，并观看了晋江市掌中木偶团新排演的人偶儿童剧《麒麟宝宝之我爱爸爸妈妈》。这是国际戏剧界高层领导首次来泉州地区访问，依维萨斯密克表示，拟将于明年邀请晋江市掌中木偶剧团赴欧洲演出。** **(晋江市掌中木偶剧团)** **第五届上海音乐学院当代音乐周近日在上海音乐学院举行。音乐周内容包括 S.Gubaidulina、叶小钢等三位大师讲座，温德青、H.Holliger 等数十位中外作曲家的作品音乐会以及第二届中国当代音乐评论比赛。音乐会作品由日内瓦 Contrechamps 乐团、法国 Les Temps Modernes 乐团与上海爱乐交响乐团等乐团担纲演奏。“时代的声音、灵魂的回想”是音乐周的口号，“鲜活首演"是本届音乐周最大的特色。福建省艺术研究院曾宪林在第二届中国当代音乐评论比赛中获优秀奖。** **(本刊)** **福建省古琴协会在福州成立振兴闽派古琴** **近日福建省古琴协会成立庆典在福州举行。当晚，中国琴会荣誉会长、国际古琴学会荣誉会长李祥霆等国内著名古琴演奏家均登台演奏，为福州观众奉献了一场听觉盛宴。福建省古琴协会是福建省古琴行业自愿结成的地方性、非营利性的社会组织，以继承与发扬福建省的古琴艺术，培养古琴文化研究、古琴演奏、古琴斫制人才及重振闽派古琴为宗旨。** **(本刊)** 声音 **我并不是简单地赞同"不求所养只求所用"，只不过从我国戏曲行业现状来看，从宏观的角度分析，政府和相关文化部门更有责任和义务去重视编导人才的培养，不应该让剧团解决。** **傅谨就“谁来培养戏曲编导人才"的问题，认为戏曲剧团作为独立的现代演出机构，要保持和确立自己的艺术风格，更需要的是自己的文学编辑和技导，政府可以设立艺术创作中心之类的机构，或者让各省市的艺术研究院所在一定程度上发挥艺术创作中心的功能，** 艺术创作需要积累：一是积累比较多的优秀保留剧目目， _二是积_ 累符合艺术规律的创作经验。三并举对于振兴戏曲发展起到了极其重要的作用。 **王安葵认为，在2012年全国优秀剧目展演中，新编历史剧视角开阔，创作者摆脱了浅近的功利目的，努力发掘丰富的历史内涵。传统戏的整理改编是保护传承非物质文化遗产的重要途径这些改编剧目非常重视对传统精华的传承和对传统艺术特点的弘扬，很值得肯定。** **今天的京剧与其他任何艺术一样，依然有一个创造和创造力的问题。今天京剧的创造力薄弱，确实与京剧界长期以来对创造力的轻视有关，是认识存在误区** **上海京剧院常务副院长单跃进坦言在京剧界是很少有人敢轻言“创造”一词的，甚至很忌讳此说，但是，我们不能无视这样一个事实，所谓“原汁原味”的传统必定来自前人的创造，否则便不会有丰厚的传统积累。** **如果当代音乐真的不是面对大众，而只是面对小众甚至是极少数极个别的人，那么，当它确实把人们逼到墙角直接面对音响敞开甚至是纯粹声音陈述的时候，难道除了绝对听从之外真的是把一切现在的东西都悬置起来了吗?** **韩锺恩在回答“音乐如何通过声音为当代立言?“时，强调二个作曲家同时也应该是一个音乐学家，尤其作为当代作曲家，他不仅需要通过美学的方式去组织艺术的声音，而且也需要通过思想的方式去想象自然的声音。** **名家艺术馆(纪念馆)往往是跟民营美术馆相结合的，而这两种类型的美术馆未来将会有大幅度增长，成为中国美术馆格局中的一个重要组成部分。** **文化部艺术司副司长诸迪提出美术名家艺术馆(纪念馆)要根据自身的职能和特色努力建设成为“四个中心”：美术名家的文献档案中心，美术名家作品收藏、保护与修复的中心，美术名家个案研究与展示推广的中心，美术名家作品认证和艺术授权的中心** **谢晋的可贵之处是不安于现状，他始终在进取，在创新，在探索。他不仅在电影创作上形成了独特的“谢晋模式而且在电影的产业化进程中大胆前行、不断开拓** **许朋乐历数了谢晋导演的电影产业化实践历程：他办公司，建学校，参与创办电影节，积极推动影视摄制基地的建设，每一步都迸发出他的睿智和胆量，每一个举措都蕴含着他对电影的挚爱和真情，他曾是改革的先行者。**

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**基于技术预见的生态环境领域关键技术选择与策略** ——以上海为例朱学彦 **(上海市科学学研究所，上海 200235)** \[摘要本研究首先分析生态环境领域的全球发展趋势及近期的热点科研主题，在充分考虑城市化需求、高速发展的经济和产业结构升级需求、消费方式变化带来的需求基础上，聚焦于水污染防治与利用、污染土壤修复、大气污染防治、生物多样性保护与生态系统修复、突发重大环境事件预警与应对等五大主题展开研究，并提出面向未来的策略与建议。 **\[关键词\] 技术预见；生态环境；关键技术** \[中图分类号\] _F276.44_ \[文献标识码\] A 文章编号：1671-0037{2015)02-37-3 **The Key Technology Selection and Strategy in Ecological Environment Based on Technology Foresight** \-The Case of Shanghai **Zhu Xueyan** **(Shanghai Institute of Science，Shanghai 200235)** **Abstract： This study analyzes global trends and recent hot research topics in the field of ecological en-vironment.Taking into consideration the demand of urbanization，rapid development of economic and indus-trial structure upgrade，demand brought by changes in consumption patterns， this study focuses on research of five themes including water pollution prevention，contaminated soil remediation，air pollution control，bio-diversity conservation and ecosystem restoration as well as significant environmental emergency forecast and countermeasures. Furthermore，it puts forward strategies and recommendations for the future.** **Keywords：technology foresight；ecological environment；key technologies** 中国在创造出人类历史上最大规模的工业化、现代化进程奇迹的同时，也使先进发达国家数百年积累的环境问题在我国短时期内集中爆发。可以看见，空气污染长期化的城市，正面临对高端人才与高能级项目产生“环境挤出效应”的风险，这必将在未来的国际竞争中处于不利地位。良好的生态环境成为城市发展的一种竞争力，且与经济转型具有内在的耦合性，环境竞争力已成为世界各国国家综合竞争力的关键组成部分。以技术预见的理念和方法对区域生态环境领域的关键技术进行选择并提出相关策略，具有重要意义。 **1 国际生态环境领域发展趋势** 目前，生态环境领域发展集中体现在多尺度的全球变化、生物多样性保护、生态系统服务功能与恢复重建、可持续发展与生态系统功能的关系等方面。 1.1 基础生态学理论问题和全球性生态环境问题受到广泛重视全球范围内正开展大规模的试验研究，如CTFS网络在全球建立了18个大型实验基地，检验生态学基本理论。此外，呈现出“网络化”以及“多学科”特征，如全球变化的碳通量全球网络、国际长期生态研究网络(ILTER)等；在解决问题时除传统生态学方法和技术外，还采用分子生物学、自然地理学、遥感科学、数学与计算机科学以及社会学、经济学等多学科的方法和技术应对生态学问题21。 _1.2_ 以数字化、集成研究为主要解决手段，并更加重视对生态环境的监测、预测生态系统与人类活动、自然系统与经济系统的集成 **收稿日期：2015-1-24** 作者简介：朱学彦(1978.9-)，女，管理学博士，助理研究员，研究方向：创新管理、技术预见。国家哲学社会科学学术期刊数据库研究成为解决全球生态环境问题研究的主体思路，定量评估和科学预测生态与环境变化成为生态环境研究追求的科技目标，生态系统联网观测、模拟实验和虚拟数值模拟成为综合生态环境问题的主要手段，基于物质循环的环境技术、绿色技术成为解决环境污染问题的根本途径。 _1.3_ 生物多样性保护越来越受到重视生物多样性具有重要的生态功能，先进技术在生物多样性研究和保护中的作用日益突出。随着人类社会对自然资源可持续利用需求的增强，当前生物多样性研究仍然是一项前沿热点研究领域4。而且全球变化的背景下，生物多样性的生态系统功能和服务会如何做出响应，是当前人们关注的热点问题，生物多样性与生态系统服务的关系(biodiversity and ecosystem service， BES)(Cardinale et al.， 2012)成为新的研究重点。 **_2_ 国内生态环境领域发展态势** 中国经济飞速发展的30余年来，生态环境出现了严峻的形势，尤其是与公众日常生活密切相关的水、空气、土壤污染、食品安全等问题令人担忧。若不采取新的行动，在今后几十年内我们将不可避免地面临环境基础受害、经济繁荣难以为继的风险。为避免这种局面，必须采取紧急行动，尤其是针对气候变化、生物多样性丧失、水资源缺乏和污染、危险化学品的健康影响等严重的问题。国内生态环境领域未来发展的趋势包括： _2.1_ 开始关注退化生态系统恢复与重建以及生物多样性保育开始着手研究中国主要类型区生态系统退化的类型与成因，不同类型区退化生态系统恢复机制和途径及可恢复程度，研究生物多样性演化时空规律及其入侵控制，以生态经济可持续发展为目标，拟定完善的退化生态系统修复的诊断指标体系，阐明生态恢复对区域环境及全球变化的响应。 **_2.2_ 对城市化与环境质量关系的认识日趋全面、深入** 城市化带来人口集聚、产业集聚，城市化与环境质量的关系取决于对生活污染和生产污染两种作用效果的权衡，国内已开始研究复合污染发生机制和先进控制技术，突破城市废弃物资源化和生物地球化学过程的定向控制技术，提高生产污染与生活污染的集中处理能力与治理效率，加强对工业园区、科技园区、新区等产业集聚地的环境规划，利用产业集聚与人口集聚带来的集中排污、集中处理等环境保护红利。 2.3 深入分析环境污染与健康效应的机理意义重大、前景广阔人类保护环境的目的是保护生态系统的完整性和人类健康，该领域的研究不仅关注目前人类面临的一些常规污染物，更关注不断出现的一些新型污染物如抗生素、内分泌干扰物、藻类毒素、氧化消毒副产物等。重点研究有毒污染物的致毒机理、环境污染生态效应的评价与预报技术、快速诊断技术、国家环境毒物筛选共享平台、环境疾病预测预报技术等。 _2.4_ 先进监测与预报技术的发展将得到进一步的重视和投入生态与环境的研究不仅需要阐明过去和现在的过程，还需要通过对这些研究来认识规律，开展环境过程的系统模拟与仿真技术、污染事故应急监测设备和预警预报技术的应用研究，主要发展方向包括：先进的化学和生物传感器及其在线环境监测技术的研发与集成应用；无线数据传输——终端处理——模型(模拟耦合系统)的构建，形成污染预警、预报技术；低空观测技术与数字地球、环境过程的系统模拟与仿真技术等。 **3 上海生态环境领域发展重点的选择** 上海的生态环境状况已进入到复合型环境污染的新阶段、发达国家上百年工业化过程中分阶段出现的环境问题正在上海集中出现。面对环境污染严峻的现状和发展态势，环境污染控制、治理、修复和保障环境安全将成为环境污染防治的重要科技战略需求之一。维护生态系统健康，面对环境污染严峻的现状和发展态势，尤其是大量化学品进入环境后复杂的迁移转化过程和复合污染效应及表征行为，生态健康和环境安全领域仍然尚未取得突破性进展5。在未来较长的时间内，以环境安全和生态风险控制为核心的生态系统科技战略将是上海生态环境污染防治的重要科技战略需求之一。在充分认识国内外生态环境领域发展趋势的基础上，结合上海实际，从以下维度进行需求侧分析，以便厘清上海应在生态环境领域应关注的重点： **3.1 充分考虑城市化的需求** 城市化过程带来单位面积物质代谢和消耗强度增加、土地利用方式的改变等，城市土地新增、水资源消耗量、能源消耗量、生活废水消耗量、废气污染、生活垃圾等也会大幅增加。因此，城市生态环境面临的压力是巨大的，这些问题如果不能很好解决，将持续作用并限制城市的可持续发展。 3.2 充分考虑高速发展的经济和产业结构升级的需求一方面，快速的经济增长将会导致更多的环境污染；另一方面，工业部门和服务业以及交通运输部门的产出份额上升也意味着更具污染性的产业结构。在技术方面，虽然作为中间投入品，煤炭的使用强度有望减少，但石化产品的使用可能增加，这仍将带来大气污染物的大量增加。 **3.3 充分考虑消费方式变化带来的需求** 整体而言，2016-2030年，物质生产与消费规模将不断扩大，随着生活水平的提高，人们日益增加的能源消耗和物质消费还将大规模增加废弃物的数量，为环境带来更大的压力，从而使生态与环境问题更加突出6。基于国际发展的重点方向和热点问题，以及未来社会、经济发展的实际需求，兼顾上海的已有基础和优势，结合多位权威专家的观点和建议，综合分析得出生态环境领域的五个需要重点关注的主题：水污染防治与利用、污染土壤修复、大气污染防治、生物多样性保护与生态功能提升、突发重大环境事件预警与应对等。 **_4_ 策略与建议** _4.1_ “水污染防治与利用”主题发展的建议 _4.1.1_ 开展“从源头到龙头”饮用水水质提升全过程技术研发与应用示范，进行集排水、内涝防治与雨水资源化技术集成的关键技术体系创新研究，研发面向未来的污水能源循环、资源回收利用、污泥减量与资源化、微量污染物控制以及污水处理系统碳排放评估与控制等方面的领先技术。 4.1.2 针对农村生活污水，开发经济实用、操作简单的污水处理技术，并采用专业化、市场化统一运营管理；污水收集管网系统与污水处理系统加强同步设计、同步建设等。 _4.1.3_ 强化渗透技术示范工程引领、制定科学的导则规范、技术标准，并通过立法强制推行，力争通过政策实现全面保障。 _4.2_ “污染土壤修复”主题发展的建议 _4.2.1_ 总结上海现有科研成果、示范工程成果和实际工程经验，建立污染土壤修复工程技术指南，尽快建立典型污染土壤的修复技术示范，解决面大、点多、影响大的污染土壤风险控制和修复技术难题。 _4.2.2_ 优化完善土壤质量监测体系，科学布局监测点位，优化监测指标，逐步建立适合不同用途的评价体系。根据土壤环境质量现状，除原有指标外，增加对多环芳烃和有机氯农药等有机污染物指标的监测。 _4.2.3_ 推进工业场地和耕地环境调查，开展工业场地用地规划适宜性评估和耕地环境管控技术等研究工作，加强相关技术标准和作业导则研究与编制。 4.3 “大气污染防治”主题发展的建议 4.3.1 实施清洁能源行动，对重点区域、行业、企业的污染排放，实施全面在线监测。提高本市大型货运车尾气排放标准，加强货运行业整顿管理。率先制定船舶尾气污染排放及船用燃料油油品标准，加强船舶进港后运行状态监管。 _4.3.2_ 建立区域信息共享机制，统一协调区域内各城市污染排放标准、环保准入门槛、机动车环保标识、环国家哲学社会科学学术期刊数据库保处罚措施等，推进区域联合。建立区域重污染天气应急预案，构建区域、省、市联动应急响应体系，落实协调应对措施。 4.3.3 提高工业生产过程中的能源利用效率，加强材料的研发和管理，促进和推动建筑节能；通过建立可持续的现代交通运输体系，加强交通运输行业的节能降耗。遏制移动源污染加速进程，强化道路机动车、非道路机械和船舶排放污染控制，推动电动汽车等低排放汽车行业发展。 _4.4_ “生物多样性保护与生态系统修复”主题发展的建议 _4.4.1_ 加强与生物多样性相关的前沿技术研究，针对合成生物学、地球工程和生物质燃料等新出现的技术，开展实验，加强科学研究。 _4.4.2_ 主动跟踪国外新技术研究进展，结合实际情况，分析新技术应用对上海区域生物多样性保护的影响，评估生物多样性面临的风险。 _4.4.3_ 建立退化生态系统恢复技术体系，开发出一批针对上海地域特征(流域特征)污染物和污染效应控制的物化、生物和生态工程技术，保障生态安全。 _4.5_ “突发重大环境事件预警与应对”主题发展的建议 4.5.1 制定突发环境事件应急监测的布点与采样、监测项目与相应的现场监测和实验室监测分析方法、监测数据的处理与上报、监测的质量保证等技术规范。 _4.5.2_ 系统分析和研究城市地下空间开发利用的安全性问题及面临的主要灾害特点，基于防灾物联网平台的监测与评估，多重灾害下地下空间的易损性和灾害预警，城市地下空间多重灾害系统应对与抗灾优化改造等集成技术。 4.5.3 研究城市大型建筑物安全运营风险识别和风险动态评估、安全运营风险动态控制与应急响应、灾害预防、预警、引导、疏散管理等关键技术，开发城市大型建筑物安全运营风险数字化智慧管理系统。 **参考文献：** \[1\]中国环境保护部环境规划院.全球环境竞争力报告 **|R2013.** **\[2\]世界自然基金会.上海资源环境发展报告2014\[R\].2014.** **\[3\]中国科学院.中国至2050年生态与环境科技发展路线图\[R\].2009.** **\[4\]中国科学院.中国至2050年生态与环境料技发展路线图中国科学院，2009.** **\[5\] OECD Environmental Outlook to 2030，OECD，2008.** **\[6」 OECD Environmental Outlook to 2050.The Consequene-es of Inaction，OECD，2012.**

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Chemical technology: author: Knapp, F[riedrich Ludwig], 1814- [from old catalog] This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world's books discoverable online. It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the publisher to a library and finally to you. 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We encourage the use of public domain materials for these purposes and may be able to help. + Mainrain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find additional materials through Google Book Search. Please do not remove it. + Keep it legal Whatever your use. remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other countries. Whether a book is still in copyright varies from countiy to country, and we can't offer guidance on whether any specific use of any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner anywhere in the world. Copyright infringement liability can be quite severe. About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at http: //books .google . com/ CHEMICAL TECHNOLOGY; *«» CHEMISTRY, APPLIED TO THE ARTS AND TO MANUFACTURES. BY BR. F. pfAPP, r»orS«IOIl »T Till Mm»KBIITV 0» ftlBSlBJt. 'translated and edited, with KlTMEaoOS MOTM AND ADOmOSS. BY DR. EDMUND RONALDS, ttCTCKE* OK CBHi»T»T »T »«■ MIDDUaM UOSPmi, A!fO DR. THOMAS RICHARDSON. 01 KXWC.iSTU-OK-Tfl'B. mST AMERICAN EBITION. WITH NOTSS AND ADDITIONS, BY PROFESSOR WALTER R- JOHNSON. or riiii^Psi.rHiA. VOL. I. ILWrSTBATEO WtTH NOTE TO THE READER The paper in this volume ts brittle or the inner margins are exlremely narrow. \Vc have hotind or rebound (he volume utilizing; the best meaiu possible. PLEASE HANDLE WITH CARE GCNEOAL Book BIN otNG Co.. Chesterland, Omvo b39708 Ertzbid according to th« Act of Congress, in the year 1848, t^ LEA AND BLANCHAKD, in the Clerk's Office of the District Court of the Eastern District of Fennsjlvania. nnUDBLPHu ; T. X. 1.RD r. a. COLUMS, PRIITTEBS. PREFACE TITE^NGLISH TR. AND EDITORS. SLATORS Among the many advantages whit-h Dr. Knapp's " Chemical Tecbnolog)" presents, not the least will be found in ihe novelty of 'le arrangement of his materials in the form of groups of monoffraphs '^vpOD particular branches of chemical industrj-. A conncrteu view of allied chemical arts is, therefore, preseuted to the Reader, vrhile the experience nf one branch is brought more immediately 1o hear upon the wholo, for the benefit of any one individual manufarrturc. A knowledge of the nature and elTective value of fuel in Che pro- duction of heat is a matter of primary importance to ever)- manufac- turer, and a work devoted to the Chemical Arts, necessarily commences with B chapter upon that subject. The preparation of wood charcoal, which is described at some length in the Urst group of the present volume, will be chietly valued abroad, and in those counlries where mineral coal is not accessible; hut the production of colce is a branch of industry daily increasing in importance from the extensive appli- cation which is made of it for ihe generation of steam and Ibr smelting purposes; and as the quality of coVe is mainly dependent upon the process of manufacture, and this process has been very much altered and improved within the last few years, we have described in the Appendix, with some minuteness, the most approved methods of coking now in use. A description of the apparatus and materials used in the manufacture of the new patent fuel has also been here introduced, asthis substance promises Co become a valuable substitute for coal in many of its applications. Id connection with the cousumplion of fuel and (be generation nf heat, we have also thought it right to notice some of the more recent plans for economizing the heat produced by ihe combuMion of coal in open fire-places, and we should feel gratified if the few remarks ujxin the rentilarion and heatingof building?;, both public and private, upon which we have ventured, should be the means of inducing architects and builders to bestow more consideration upon these points, so con- ducive to health and comfort, in the construction of dwellings, th»n they are usually in the habit of doing. The limits of the present volume would only admit of a short description of two out of the many 'methods proposed for securing the more perfect consumption of smoke, nd consequent saving of fuel in boiler and furnace fires. IV TRANSLATORS' AND CDITORS' PREFACE. The chemical process concerned in the production nf heat is iden- tical wilh Ihat practised for obtaining artificial light; the mode of conducting the process, however, is liifforent, and this claims natu- rally the second place iti our author's arrangement of materials. Here, again, the improvements in the manufacltire of the different substances used for illumination, and roore particularly those which have reference to coal gas, its purificiition, measurement, mode of consumption, the introduction of subslanues for giving light, which could not [ireriously be used, &.C., have obliged us to append much to the original matter in Dr. Knapp^s volume. The second group comprises the production of the allcalies and earths, the agent.s concerned in their niaiuifactiire, and their various applications in the arts. This group is not completed in the present volume. The wasteful nature of some nf our manufacturing operations will readily be inferred from the matter iuserted upon sulphur and sul- phuric acid, and this applies no less to the coal employed in smelling. It is estimated that the sulphur wasted at Swansea, to the absolute destruction of all surrounding vegetation, would sulTice for the manu- facture of all the alkali produced in the kingtlom, and this fact, coupled with the loss of 3,000,000 tons of coal in the smelting of iron alone, prove suflicieDtly that our practice is ^1iII sadly deficient. Wherever the fault may lie, il must be altributed in no small degree to ignorance ; and this, again, doubtless arises from the difficulty attending the acquisition of sound scientific knowledge in this country. Wc have no Gewerbe ScliuiCf no Ecole des Mines, no Ecoie Paln- ttchnique, and it is no reply to assert that without such instilutionSi this nation has maintained its position. We have had the race en- tirely to ourselves to within a verj- recent date, and if the means of acquiring scieniific information were as easy with us, as is the case amongst our competitors in the n)>plicalion of chemical facts abroad, wc should in all probability no longer have to complain of Glasgow goods being dyed at Barmen, of the importation of nearly all the ultra-marine used here, and other similar indications of our inelTicient knowledge or manipulation. The little progress which has been made for a long series of years in Ibe soap raanufaclure, (a description of which closes the present volume,) is one instance only, amongst many others, which all bear witness to the injurious tendency of government restrictions upon manufacturing industry. The individuals who arc themselves en- posed to the scrutinizing surveillance of the exciseman, can alone feel and properiy appreciate the aniioyanre of official interference, and the limitation which it imposes upon their exertions, but the interests of the whole country are sacrificed when the excise laws interfere with the improvements of processes, and put a bar, as they do in so many cases, to the development or progress of our manufactures. Our translation of Dr. Knapp's work is a humble elTort to afford the most recent information, with a deiscriptivL' account of the latest preface: bt the ameaican editor. V uaproveraents^ to those interested in the progress of our chemicBl ma nil facta res. References hare been made in the text to the matter in the Appenilix. The ease with which all calculaltons where temperature is con- cerned, may at once be understood by the use of the centigrade ther- mometer, has induced us to retain that thermometric scale throu^^out; but whrrevprthe lemperaiure referred to has some immediate practical bearing, we have inserted the corresponding degree upon the scale of Fahrenheit, as the one most generally in use in this countr)'. We have also subjoined a comparative scale of German, French and English WiriMits iind Measures, as it was not considered expedient to alter the Hessian measures adverted to by our Authnr. We cannot conclude these prefatory remarks without expressing our great obligations to the Publisher, who has spared no expense in illustrating the text by the introiluction of very numerous wood-cuts, Uius obviating the necessity for lengthened description, and essen- tiaUy augmenting the value and usefulness of the worlc. PRKFACE BY THE AMERICAN EDITOR. In offering to the American public an edition of Dr. Knapp's work on Technology, it i-s perhaps, hardly necessary' to advert to the use- fiil, and therefore important, bearing of its subject on the welfare of erery class, and every member of society. Whatever may be their theoretical dilTercnces of opinion as to the relative value of the useful and the ornamental arts, men commonly agree, at least in this, that leach for his individual self finds no serious objection lo any art which ministers directly to his persona) comfort and well being, how much , soever its discoverer or inventor may have been decried as a "«/i7i- laruji." If, in any part of the world, the arts which contribute (o the general welfare be held in esteem, it is certainly, in a pre-eminent degree, desirable that they should be coltivuted and well understood in a country where "the greatest good of the greatest number" is the predominant maxim of alt social and civil institutions. The render will remark that extensive American additions hare been made to the iirst section of the work, — the new matter being ii PREFACE BV THE AMCItlCAN EbtTOR» generally distinguished by brackets^ unless inserted in the form of notes appropriately distinguished. The experiments of Mr. Marcus Bull on woods, those of the editor, of Dr. S. L. Dana, and others, on coals, are, in a condensed form, presented in this part of the work. The heating of dwellings and other buildings has also claimed some additions. The American experinsents on coal-g»s, rosin-gas, sperm oil, lard- oil, crude lard* "pine-oil,'* "chemical oil" and camphine, aObrd a series of useful comparisons, especially interesting to the American reader, since the materials from which light is, in these cases, pro- cured, arr among the abundant pro<lucls of our own soil and industry. The volume closes with an addition to the appendix, showing what experience has proved in regard to the absolute cost of manufactur- ing illuminating gas on a large scale, and what arc Ihe points of economy yet to be studied in relation to this important subject. The facts there exhibited, derived from authentic published docu- ments, prove Ihe wisdom and expediency of providing that so press- ing a necessity as that for abundaut and cheap light, should, like the supply of pure water, uncontarainated air, and the means of extin- guishing conflagrations, be regarded as a public interest by every populous town and city. It is believed that the facts herein set forth may be found conducive to so desirable an end. It has sometimes been attempted to surround the subject of gas- making with a certain air of mystery, as if some profound secret were iuvolved in the preparation of *^sd subtile a compound" as coal gas. Yet the facts and statements exhibited in the present work wilt make it clear that a faithful adherence to a few simple principles will ena- ble persons of moderate scientific attainments to comprehend the sub- ject without any very rare giOs, or any costly researches. A table of contents and a complete list of tbe illustrations arranged under distinct heads, have been prepared, and will be found greatly to facilitate reference to the subjects contained in this volume. The copious supply and excellent character of illustrations in the work, of which this is a republication, have called for few additions in Ibis particular. The reader will, it is believed, find that, in the mechanical execution of this volume, our artisans have folly sus- tained the character gained by their previous efTorls in this series of illustrated scientific works. PBiLtuuTBU, .Vny, 1848. CONTENTS. TbaJHLATOII' PxtPACI -...-.. iii Amikicax Esitoe'b Pbuacz -....-. v CoxTBvn ••• - - - - -vii L»T or iLLOirnATioKB ....... vjii Wll«BT« licit MlABDSM . - - . - - . xii AdTHOX'I IXTXODDCTIOK ....... 13 GROUP I. Bbuchh of xahviactdxi szpavsiRO nrox thi fxogxss or coxiuflTiox 10 1. Hl&T. American cooU ........ 40 Relative value or fuel ....... 78 ApplicetioD of heat ........80 2. Op ILLUMIKATIOir AWn UOHTIKfi xatkbiau .... 110 Modes of efiecting illumination ...... 133 Itlnminaiing power of different nuteriab ..... tS7 GROUP II. Paocui OF xinirFACTinii covcimxiD ix thb fbodvctioit ixd afflicatiov of Tax ALKALIM AKS BARTBI ....... 917 Common ult, sea salt ...-...-. 345 Soda 261 Potaahea ......... 38S Estimation of the value of soda and potashes - . . . . 300 Bomx and Boracic acid .•....-• 309 Salqjeue or nitre ........ 320 Gunpowder ......... 351 Gun cotton ......... 379 Aqna fbttis, nitric acid ........ 382 Manu&cmre of soap ........ 386 Oil varmah - • - • - • • - ' • 433 APPENDIX. Soot, lamp black, &c - • - • - • - • 436 Improved process of coking ....... 444 Huiuftoture of patent fuel ....... 448 Application of heat — ventilation ...... 453 Consnmptkm of smoke • - - • - ■ ■ - - 459 Lamps ...--..-.. 461 Candles 469 Gas for illmotnation ........ 471 Gas meters ......... 480 Cost of making illuminating gas ...... 490 LIST OF THE ILLUSTRATIONS CONTAINED IN THIS VOLlfME. APPARATUS RELATING TO COUBUBTION AND HEATING. 1 Exhibits arrangement of wond in a charcoal mouod S Arrangement of heaps or piles for chairing - 3 Furnace ..-..- 4 Furnace for procuring both tsr and charcoal 5 Charoial furnace used at Obendorf in Wirtemberg - 6 Coke mound as used at Clyde works 7 Elevation; and 8, plan of a coking furnace 9 Coking furnace for preserving the tar, used at Gleiwitz 10 Coking furnace for email coal, used at Rive de Giet 11 AppaniluB fbr heating buildings by hot water 12 Kihi for drying wood, used in French glaas-honses - VASE 54 5fi 59 61 67 71 72 74 75 100 104 ILLUMINATION AND LIGHTIKG MATEBUL8. 13 Wedge press for linseed and other oils 14 and 13, Bramah's hydraulic press . . • 16 Double piston of do. to vary the power by a single pomp 17 Candle moulds . . . . - 18 Flames and wicks of candles . . - 18& Do. do. do. • 19 Floating night lamp .... SO Antique lamp; 21, Nucleus in wick 22 Elevation; and 23, section of common kitchen lamp 24 and 25, Worm's lamp; Fig. 26, study lamp 27 and 28, Wick elevator of study lamp; and 29, Astral lamp 29a Chimney of Astral lamp . . - ■ 30, 31 and 32, Sinumbra lamp of Philips 33 Lamp with inverted oil cistern ... 34 Inverted cistern without case - • . 35 Caron's stop-cock ..... 36 Hero's fountain ..... 37 Gerard's hydrostatic lamp .... 38 and 39, TTiilorier's hydrostatic lamp 40 Filling apparatus of Tbilorier's lamp 41 and 42,CarcerB lamp .... 43 Machinery of do. ..... 44 Valves of do. 45 LOdersdorff's lamp for "burning fluid," or illuminating spirit 46 Fresnel's ring lenses for ligh>house8 47 and 48, Fastenings for lids of gas retorts 40, 50 and 51, Sections of gas retorts 52 Gas retort furnace ..... US 124 125 130 133 130 137 13S 138 140 141 142 143 144 I4S 146 146 147 148 149 151 1S2 1S3 135 158 164 165 IG^) LIST OF ILLUSTRATIONS. IX 53 Front view of gas furnace with five retons 54 Section of claj retort furnace ; 55, Cross section of retort 56 Giu cooler or condenser 57 Wet lime purifier - 58 Apparatus for oil gas 59 Furnace Knd apparatus for rosin gas 60 Gasometer freely suspemled 61 Gasometer in ring-shaped space, nnil guiding rollers 68 Juncturesofgaa pipes 63 Water valve for large gas mains 64, 65 and 66, Gas meter 67 and 68, Argand gas burner 69 Liverpool gas burner 70, 71 and 72, Benkler's lamp 72 Cornelius' lard lamp 73 Purifying apparatus for sulphur; 74, Refinery for crude sulphur 166 167 168 169 172 174 177 178 181 182 183 184 and 185 19a 200 211 218 MANUFACTURES FROM SULPHUR. 75 Roll lutphur mould - • • - - • .219 70 Gallery furnace for obtaining sulphur from pyrites • - - 221 77 and 78, Apparatus for obtaining sulphur from sulphurous acid • 322 and 223 79 Horizontal roasting furnace for pyrites ..... 226 80 and 81, Gossage's square pyritesfiirnace . ■ . • 2S6 and 227 82 Leaden chamber for sulphuric acid manufacture - - - . 229 83 Apparatus to supply nitric acid .-..-- 230 84 Plan of constructing leaden chambers ..... 231 85 Sulphuric acid chamber with numerous com partm en u ... 231 86, 87, 88 and 89, Bell's sulphuric acid chambers ... 233 and 234 90 and 91, Gay-Lussac's de nitrating apparatus and coke oojumns . ' 235 92 and 93, Regulators for absorption of nitrous gas .... 236 94 Leaden pans for concentrating sulphtiric acid .... 238 95 Platinum still for sulphuric acid ...... 239 96 Manner of erecting a platinum still .... 240 97 and 98, Platinum syphons for drawing off acids ... 240 and 241 99 Apparatus for cotKenlrating sulphuric acid .... 241 100 Hermsdorf furnace for fuming oil of vitriol .... 243 101 Raduitz do. do. do. 243 MANUFACTURE OF COUHON SALT. 102 Gypsum and rock salt formation of Germany 103 Salt ponds or gardens for evaporating sea.water 104 Graduation wall for evaporating salt water 105 Cistern, spigots, troughs, tec, for distributing the brine 106 Two walled graduation house, arrangement of twigs 107 Section of graduation pans of an evaporation house for salt water 108 Horizontal plan of do. do, do. do. 24 6 247 251 253 253 255 256 SODA. 109 Soda furnace with leaden pons • - .... 20Q 110 Arch and discharging passage for the soda .... 264 111 Reverberating fiirnace for sulphate of soda .... 265 112 and 113, Bell's coke condenser Ibr muriatic acid . • . 266 and 367 114, 115 and 116, Lee's furnace for soda,- and condensers for acid . 368 and 369 117 and 118, Furnaces for converting sulphate into carbonate of soda . > 270 119 Iron lixiviating cisterns ....... 275 120 Soda crystalizing pans ....... 276 121 Apparatus for bleachiug powder ...... 379 / Z LIST OF ILLUSTRATIONS. r». FAS* 122, 133 and 124, Apparatiu for converting carbonate into btCBrbcniate of soda SBl 125 Liiivisting tub for potash ...... 294 120 Potash calcining oven - ...... 297 ALKALIHETBY. 1S7 end 128, Gay Lussac's graduated teat jars - ■ • . - 303 139 Will and Fresenius' alkalimeter flasks .... - 304 BORACIC ACID HANUFACTUBE. 130 Section of Tuscan boracic acid lagoons ..... 312 131 Cryitalizing tube; and 132, Drying chamber for boiacic acid - - 314 133 AppamiLis for borate of soda ...... 3ig 134 Recrystalizingapparams for purified bomx .... 317 SALTPETRE MAJTUFACTURE. 135 and 136, Lixiviating troughs for saltpetre earth . • . . 33C 137 Conoeotraiing apparatus for saltpetre Ije ..... 340 138 and 139, Crystalizing pans for do. . . • • . 343 140 and 141, Wash-pans for refining flour saltpetre .... 344. GUNPOWDER MANUFACTURE. 143 and 143, Elevation and section of furnaces for making gunpowder charcoal 358 144 Pulverizing drum for gunpowder mixture .... 30L 145 and 14U, Stamps; 147, Wedgesforstamps; 148, Mortars for stamping 362 and 363 149 RevolTing barrels for glazing gun-powder .... 368 149^ Balliatic pendulum of Robins' for testing gunpowder - . 376 NITRIC ACID MANUFACTURE. 150 Furnace, sand pots, and retorts for distilling aquafortis • - • 384 151 and 152, Sections of furnace with iron retorts for do. ... 385 MANUFACTURE OF SOAP. 153 Apparatus for bleaching palm oil 154 Soap boiling fumacw and pan; 155, Safely cone of the boiler ] 56 Davis' patent closed soap boiler .... 157 Rawes' apparatus for mechanica] saponification 158 Mode of cutting soap when removed from the moulds 159, 160, 101, 162, Construction of soap moulds APPENDIX . — MISCELLANEOUS. 163 Furnace for the preparation of pine black . 164 Furnace fur preparing lamp black from coal and coal tai 165 DoSbereiner's instantaneous light apparatus 166 Illustration of imperfect coking ... 167, 168. 169, 170, 171 and 172, Construction of coke ovens 173 and 174, Wylam's apparatus for making patent fuel 175 and 176, Apparatus for distilling naphtha - 177 and 178, Ivory black apparatus ... 179, 180, 181, Machinery for moulding and pressing the fuel 393 409 412 413 414 417 and 418 438 441 444 445 44G and 447 449 450 450 and 451 451 182 and 1S3, Sylvester's stones; 184, Sylvestet'spatented adjusted sliding doors 455 LIST OF ILLUSTRATIONS. XI 165 and 186, Sylvefter'adoselj fitted rumace doors - 187 WilliKtns' plan of perforated bridge plates for preveDting amoke 188 Howard it Ca'B smoke ctmanmiDg furnace 189 Smith's scdar lamps and chimnejrs 1 90 Seetion of Meyer's riliptio lamp 191 Parker's eooDomic lamp 192 Young's Testa burner for oil of tttrpentine - 193 Boberts' gem lamp, general axrangemmt ■ 194 Section and plan of the gem lamp burner - 195 Cai>dl»wiok colting nuotune 196 Aiiangeraent for dipping caodlea - 197 Apparatus for diacbaj^ing moold oandles • 198 Croll's gas fumaoe fiir twelve clay and incni retorts 199 Cross section ibowing the interior of da SOO LoDgitadiDBl section of do^ showing courses of fiame 201 Croll's gas purifier by sulphuric acid for separating ammonia 202 and 203, Lowe's gas naphthalizing apparatus 204 Defries' dry gas meter 30S and 206, CroU It Richards' dry meter 207 Whinfield's patent atgand gas burner 208 Leslie's patent tubular gas burner - 200 Faraday's ventilaior for gas burners 210 Rudder's do. do. 211 Hedley's plan, and 212, His eleva&m of a sM of gas woika to contain four hundred retorts -..-.■■ 487 and 468 483 PAHX 456 459 4«0 461 463 464 466 407 468 409 469 470 472 473 474 476 479 481 and 483 484 4S4 485 486 o s -2 .a -i ,- £ S 5 c ■ S S-a *■ .a (CS 'MMg 'S. a M 111 H S.-S m C4 Ol ■T r- oi £} O rt 00 00 (= _, □1 m -T W -" o <o c* „ -w to ■» « 00 3 O — Q — ' _, O r- OQ to t- n ■» Ol <0 rt « — .-< 5 0> -- O P- « woo e* « -- .-5 .a £2 cl I! a * ir T t- ■* _, I- « — "^ Ob 00 o r- (N _ -H O II" o OO O S„g3 do ^^ W O r* 00 Pi w <c « — Ot 91 O w d --' B 15 . ►. trie .5 ^ o S llJI u t- « _, « m Ol r- m 00 . s^§ r- to o -- Sot .S as EG II a = CO vi "J" — "O w 3 00 o o o CT — ■as B -- CJ « _ — 00 w "* P- — o « 30 ^ ' 00 r- I CT o in -^ o ■» WTO 9 n lA I~ 00 30 ■» M -» ej S n CO o> m CI Ol cc d 00 I- r* CO Ol cJT ^ PS t- « A 00 n O ■-< N S22 o w 00 ^ 55 IN m 00 O O Ol o — o o r- o o o O 00 CT _ 3 m o <o n (D r- — o d rt -J' CO r» OO n 00 (M 00 o r- 00 ■« 00 , KS PS O CHNOLOGY; 01. CHEMISTRY APPLIED TO THE ARTS MANUFACTURES. INTRODUCTION. The teno "Technology," first employed by Bcnbmann (1772) to denote that hranch of tcnowledge which forms the subject of uiis work, comprises in its literal stgnificaiion the systematic definition (iu»y»() of tne rational principles upon which all processes employed in the arts (nturi) are based. We include, therefore, under this head, every occupation which furnishes ua wirh those products that are rendered necewary by our physical wants, either immediately in accordance with the laws of nature, or which have grown out of the social conditions under which we live. Allhougii nature, in her great abundance, presents us with every- thing (hat in requisite for the supply of our wants, from the humble demand which the simple life of the Indian hunter makes upon her, to the refined and complicated wants of the civilized inhabitant of Europe ; yet it has seemed fit to a higher intelligence inseparably co I connect the possession of the treasures which are offered to us, with an immense amount of labour and application in their acquirement. Few ihings are found in the state in which we can m^e use of them; hence it becomes the real object of manufacture, so to tratu- form the raw materials of rutiure, that they may be adapted To the wants of society. The material part of nature, in whatever form it may appear, is ■objected, in its entire essence, and in all the changes whi'ch it under- goes, to eternal, immutable laws, which man adapts and conforms, with more or less success, to his purposes, but which he ia utterly incapable of subverting or altering in the slightest degree. Every IransAn'mation of matter, which is effected by art or manufacture, is ll . 14 INTRODDCTIOK. therefore strictly confined within the limits of these laws of nature; all rhe phenomena that occur in the material world are entirely de- pendent upon them ; and the study of these phenomena, or the study of nature, has for its object the investigation of those laws. The practical invesiiffation of the laws of nature led at an early period to a division of tne subject into two parts: the one. Physics, or Natural Philosophy, which has reference to the more outward phe- nomena attending a change of form (Mechanics in particular) ; and the other, Chemistry, M-hicli relates to the inward nature of the changes that are observed. The principles upon which the processes of manufacture depend, are therefore precisely those which form the subject of chemical and physical investigation ; and the distinction which we have drawn above, with reference lo the phenomena and laws of nature, applies with equal force to manufacture, and oblitres us to separate mechanical, which allers the form of the raw material (hbre into cloth, iron into sheet-iron, &.c.), from chemical manufacture, which entirely chanpes its nature (sand, potash and lime into glass, common salt into soda, hides into leather, &c.) Classi^cation. — The vast amount of matter which must necessarily be included in a scientific work upon manufactures, is generally arranged under the heads of chemical and mechanical manufacture. A separation of this kind is, however, strictly speaking, impossible, and by no means in accordance with the nature of the subject. There hardly exists any branch of manufacture which is exclusively chemical, or which is based solely upon mechanical principles; the practical man chooses that mode of transforming !he crude material which is most subservient to the object in view, without consulting science, upon which depend the principles he adopts. Nevertheless, the distinction which we have drawn, when carried out with caution, will assist both the learner and the teacher, for by its means those facts and ^)hcnomena are brought together which deptiid uiwn the samp principles, and are separated from others which require more extended acquirements in order to be fully understood. A strict separation of the mechanical from the chemical part of the subject would only tend to give a partial and erroneous view, and lead to a confused perception of the whole; it is, therefore, customary to call those branches of manufacture mechanical, which are chiffly depend- ent upon mechanical principles; and hy cliemical manufactures we understand those in which chemical processes form the leading feature. In the various scientific treatises which have appeared upon manu- factures, the diBerent authors hare not followed the same method of arrangement. Those who have written with a view to popular in- struction, and whose object it has been to present merely a true account of successive and particular operations, without entering into the causes of the effects produced, have aimply described the pro- cesses as they are practised; this we call em/nWoa/ technology. Those, however, who wish to gain an insight into the leading scientific phe- nomena and laws which are the key to the whole art, as well as to be ■ IWTRODUCTION. IC made acquainted with the practical manipulation, who require an explanation of the facts as well as the facts themseh'es, cati only have their wish gratified by the rational mode of arrangement. Lastly, the subject mar be treated in such a manner, that all like or similar pro- cesses, modes of manipulation, or instnimenls, are classed together, without reference to the particular branch of manuracture in which ihey are employed, e. g,y founding, rollinf;, modes of separation, alloy- ing of metals, &c. ; this would be general or comparative teclinologj' ; or the Iransformalion of the raw malfrial may be describeil as it actually talfes place, following the natural ortler of the prore.wcs as they succeed one another, «. g., Ihe art of brewing, the iron-manu- ^icture ; this is designated special technology, or technolog}' proper. The subject of the present work is chemical technology, in the seoae which I have de5ned above; the ratioaal method will be fol- lowed in conjunction with the arrangement which I have distinguished as «^cia/; it, therefore, comprises a description of the processes and an explanation of the scientific principles, upon which those arts and manufactures are based that are chieny of a chemical nature. The want of intimate connection between Ihe several branches which excludes technology from the cycle of the purer sciences, leaves the arrangement of ihe matter, whatever plan may be adopted in general, very much at the option of the author. Technology proper is divided by some into sections, corresponding with the various arts that are of common occurrence, (distilllDg, tanning, preparalioa of iron.) Others make the naturcof the crude material a meansof classification, (work- ing of iron ores, products from corn, from hides ;] others again clas^i^y according to the nature of the products, {e.g., preparation of leallier, of brandy, manufacture of cast-iron, &c.) In this votk the latrer mode will generally be adopted, but not upon all occasions. The individual branches of manufacture, when not too insignificant to merit attention, aie collected together into groups; the members of each group are connected either by a process common to all, (as combustion, fermentation,) or art.' dependent the one upon the others in (he several processes of manufacture. Jtise and Progress of the Jtrts and of Technology. — A scientific treati.ne iipon manufactures presupposes a gradual development of Ihe subject through a long series of years. Amongst the ancients, prior to the Crhrisiian era, when virtue and valor were not distinguished ^m each other, individual bravery was held in the very higlieitt estimation, and any oroupalioa connected with manufanturc was con- sidered a dishonorable retreat from the pursuit of arras, and only fit to be followed by menials. Tradition, however, aflbrds some remark- able exceptions, as in the case of heroes following the plough ; and Homer sings of the queen at her loom, and of kings' dauchlers en- gaged in domestic cares. The nobles and clergy of the middle ages — the former engaged in the art of war, and the latter caring for the interests of the faith — looked with tike disdain iiimn the arts and upon husbaiulry, and lefl both to the care of serfs. .Manufactures, spring- ing up with dilficuliy upon the soil of feudal dependency, at last took Dff INTRODUCnOW. refu^ antt found more propitious ground amongst the freemen, who, combined in common defence against the oppression of (be nobles and of the time, surrounded and protected themselves by the walls of their towns. The increasing power of the cities, aided by their common alliance, (Hauseatic league,) went hand in hand with the progress of the arts, which, indeed, became the very essence of their power, and was promoted alike by external security, as well as by internal freedom and equality amongst indtviduals. It was in the towns that the manufactimDg clas!> was Srct acknowledged by history, and obtained that rank amongst the other classes of the community which the consciousness of its own power and weight had so deserv- edly gained for it, a position which the more liberal opinions of the present day, common alike to all civilized nations, can never refuse it. As soon AH prosperity increased the influence of the traders and manufacturers, they endeavored to protect themselves from becoming over numerous and from too great competition, with which they were threatened by the pressure of the limes, the want of communication, and the insuificient amount of exchange and export trade. These objects, as well as the desire to introduce more order and regularity into their internal concerns, gave rise to the guilds, or corporate societies, institutions, which at the present lime — not from any fault in themselves, but from the reform which society bas undergone, having survived the outward necessity which gave rise to them — have Tost their importance, and are gradually sinking into decay. Notwithstanding (he beneficial influenceof these institutions in giving a sound foundation for the acquirement and exercise of the individual trades, in distributing wealth more equably, and in imprinting a high moral respectability upon the whole trading community; yet the closeness of the corporations and their disputes concerning the bound- aries of the different departments, their abuses of eeremouy, their misuse and total neglect of industrial power, were serious obstacles to all progress. The appearance of Ihe fifteenth century- with its important inventions, created an era in [wlitical and social institutions. The mariner's compass, the discovery of the maritime route to ihc Bast Indies and to the American continent, emancipated navigation and commerce, whilst the introduction of fire-arms completely re- formed the whole system of warfare. The relationship existing between the nobles, the towns, and the country was undermined. The great advances which have been made in later centuries and in our own, are, however, by no means alone due to political reform. The compass was yet M'anling that should be n guide through Ihe wide Belds of knowledge, and establish an interchange of ideas. Up to this date — and indeed we here iind the true characteristic of former limes — the spirit of invention hatl no other allies than matured expe- rience and practical method, which can boast, unquestionably, of having accomplished great and remariiable things, but for which purpose many hundred years were required. All the knowledge that distinguished individuals acquired, was otily known to the few, and as there was no way of communicating ideas, Ihc great mass received I5TR0DCCT10n. n I no benefit or advantage from it. At length the art of printing vat invetitrd, and with its aid knowledge wa? circulated, expanding and fruclifying, jo ever}' direi^tion. The dawning I'onscioiisness of know* ledge raised the veil uhlch had obscur<-d the mysterious workings of naturr, and the spirit of inquiry entered upon this new field with the most signal success. But before this ofispriog of peace could obtain a lirni footing, the more important interests connected with religious opinion, contending both with the pen and the sword, forced those of the arts and manu- factures completelv into the back ground. Tlie Ihirly years* war annihilated crops and harvest for » considerable time, until recurring peace relaid the foundations for the establish cnent of manufactures — again to be undermined in the course of lime. The consciouRuess of political power gradually becooiinp stronger, gave rise to differences of opinion, and parties were formed, whose dissensions could only be settled by the force of arms, which being resorted to, proved destruc- tive to ail other intere!>ts. The revolution, as a silent but not the less impresave reform, which continues to exert an influence even at the present day, rejected without mercy whatever traditions of antiquity would not adapt Ihemselves to the spirit of the times. The soil which modern ioduslry fmind propitious to the spread of its firm and power- ful roots, was prepared for it by the equality e.stabli.sht-d amongst burghers, and their rights of representation, by the freedom of trade, the remodelling of the system of taxation, and other equally salutary institutions. Adet severe struggles, science was at length fostered by a long peace, and with it the arts and manufactures; for it is peculiarly the characteristic of our timts, that science is brought practically to bear upon the useful arts in all their great variety, and that the progress of the one necessarily creates fresh activity in the other. Objects of Technology. — As a consequence of its historical deTclop- ment, the nature of manufacturing industry has very much altered its former position, and assumed one of a higher character. As the source of public prosperity, it has become the surest and broadest founda- tion for national pOM'vr, and as such, its culture and safetv must be the primary care of every wise government. Thc]>owcr ana alfluence of a country depend not only upon its natural advantages, but chiefly upon the degree of skill and ingenuity with which tlie industrious classes make use of those advantages. This is the most palpable aim of manufacturing industry, but it is not the highest, nor is it the one most peculiarly its own. The mere improvement of the temporal condition of single individuals, or of the whole community, would, DOtwilbstanding its great importance, be a secondary object, if its real tendency were not to free mankind from the burdens attendant upon existence and from the cares of life — to ennoble, indeed, his moral and intellectual nature. It is science, and above all, the science of nature, which is destined 1o be, in this sense, the surest guide in all practical undertakings ; Lhe union of theory with prac- tice has already performed wonders, and indeed the great novelty IS INTBOCUCTION. and true greatness of modern industry consist in the beginning which it has maae towards the removal from our race of the ancient curse of workine; by the sweat of our brows, and in having subjected the powers of^nature to the yoke, and compelled them to become our willing and potent helpers. Man has been released from those labori- ous occupations which are now effected by water, steam, wind, and machinery, that be may apply his powers to more noble aims. As the demands made by our physical wants are peremptory, it becomes the highest problem for manufacturing industry, to produce 8 supply, at as little cost of labor or power as possible. To do this, however, the archives of science must be consulted, and it must con- stantly be borne in mind that our endeavors are most likely to be crowned with success, when they tend to elucidate and explain the laws of science with a view to enrich the arts with more definite and productive principles of action. PRObOCTlOR OP HEAT. GROUP 1. BiUNClIES OF M&NUl'ACl'URK OEP£.\mNG UPON TU£ PROCESS OF COfitBlJSTION. When the chemical combination of two bodies takes place with the evolution of light and heat, (as with antimony and chlorine, copper and the vapor of sulphur, &c.,) the process is called ecfmbtution. The nost common case, and that which has been made use of from the most ancient limes as a source of lieht and heat, is that in which bodies, naturally predis|»sed, arc subjected to the ener^tic action of aTmospheric oxygen, which is present at every part of the surface of the elobe. For practical purposes, the process in question may be considered under two points of view. Combustion is eflecied either fbr the production of heat, ox as a source of light for purposes of ithwrination. The nature of the chemical process and nf the bodies employed, as well as in most cases the practical arrangements, render it impossible to attain both ends with advantage at the same time; hence the prodnction of heat and light, alfhough pertaining to the suae group, form distinct branches of manufacturiog industry. L— OF FUEL AND THE PRODUCTION OF HEAT. (y f\t€l. — Nearly all operations carried on in the arts require the application of artificial heat, and hence the means of obtaining this^ becomes the very tirst consideration in every manufacture, and con- sequently of the highest importance to the external prosperity of the nation. It is a fact, c. g. that the political power of Great Britain is due to the greater development of her manufactures, and that this is entirely dependent upon the abundant supiily of those means of pro- ducing heat with which she is giHed above tne other nations of Europe. The peculiar substance of plants (and more particularly of trees) is iiDder all circumstances, whether found upon or under the surface of the earth, peculiarly adapted to supply these means from the ease wilb which it undergoes combustion, and from its extensive distribu- tion as well as constant reproduction. This substance itself, as well as those products resulting from its partial decomposition, inasmuch as Ihcy are used for the production of heat, are collectively called Jwil. Under this term we include, wood, turf, brown-coat, tommon coal, and anthradte, which occur as sucli in nature; also Morcoo/, both from wood and turf, and coke, which are artificially produced. Qf Wood. — The trunk, the roots, and the larger branches of trees are all called utood. Wood is composed of three different substances : 20 OP WOOD. firstly, woody fibre, a corabinalion of carbon, hydrogen, and oxygen, which, constitiiting the cells and vessels of the plant, makes up the chief part of its bulk; secondly, the constituents of the tnp contiiiiieJ in the vessels; and lastly, Miuter. Recently fijiU'd wood necessarily contains all three ronstituenls. The two first only are supporters of combustiun, and produce heat; the water, on the contrary, whilst the wood is burninff, lakes up a portion of the heat produced, to convert it into vapor. As woody fibre and water are coraoion to aJl kinds of wood, (he dtllerence which has been shown to exist between diilerenl woods must entirely depend upon the constituents of their sap, and upon their structnre (density). Notwilhstanding the great difference, chemically speaking, in the consliluetils of (he sap, (the coniferous ^voadii containing resinous matter; the beach and birch extractive; and the oak tannin), yul the accurate aualysiii of dried woods has shown them to contain the three constituents nearly in the same pro- portions as pure woody fibre, t. e., the constituents of the sap form a very small proportion of the whole bulk of the wood, and yet their action becomes very perceptible when the wood is appSted to practi- cal purposes. The amount of crater in wood has more influence, and ia of much more importance. This is frenerally greatest at the time of the How of the sap, and least, when the crowlh of vegetation is less rapid ; for which reason, wood should always be felted at the latter period, unless other more potent reasons prevent it. Amongst tliese may be mentioned, — the important secundary uses for which it ia cultivated, os for the tannin in the bark, or the liislrict H]iori which it stands may be a moor or mouotainous, and inaccessible at such seasons. As the amount of water (sap) in wood diflers according to the time of year,* and is greater in the young shoots and twigs than in the more solid stem, so it is likewise different in woods of a like nature but of different botanical species, as the following numbers (given by Schijbler and Hartig) show. 100 PBTti or trnUi cut \roocl fruni the Hornbeam (CWr^- bfinl.) cont&ina 18.6 Willow (SnLntproa) • • - 3<IjO Sreunoni (Ac. ptKiidcTilu.) - • 9TjO .Mounliin A»li (Snrb. Ruoup&i.} • 38J A>h (Pnuin. oxeeUioc) • - 38.7 Birch (BeiitiB alta) • 30.S Wild Mrrice tine (CniAce. innninal.) 33.3 Onk (QiiMc. TQbui) . . . S4.7 Pcilktc Oak to. pcdunculBia) ■ S3.4 While Fii (I'in. nlji^fl dur.} - • 37.1 Uano«beBtDni (Aeamil. liippocatL) 3B.*i Pine (P. cylTeatr. L.) cnnmins Ked BKwb (pBgui oflmt.) • Aider (Bciut. alnus) A«p (l'r>|)uL tremu^] • Elm (Ulniu* csmpuit.J Ked Fie (P. pit:e« Dur.J Lime Tree (Tilin Anrapo*] - lUtlinn Pojilnr (Pi.j.. dilatat) Larcii fPiii. Juris) White Popbt (Pnp. olt«i) BIbcJc Pupliir (Pop. tUKm] • In recently felled wood, therefore, J to J of its weight is water, and in that used commonly for fuel above J, a quantity which very much diniinifihcs by keeping the wood dry and exposed to the air, but is not entirely removed under atiy circumstances. The tendency of the air to take up aqueous vapor, which occasions the drying of wood, * Tbo wood of iNn. Mtt ooatain«d to Jmuut U, in April 81, lluu uf I'fOJ. cncUor in Jutaur !I9, ia April 30, par cent, of water. OP WOOD. Oifc wvodloK • < ie.«4 Fir vruwl io*t - 17.53 Elm wood " - 18.91) Birrh " " • 10.38 bccb - « - 1S.M Liino ■■ « - 18.19 Mnpto " " • 18.03 Pophir " " - 19.M« BttaioH gradually a kind of equilibrium, with the bygrascopic pro- perty of the wood itself, which enables it, on the other hand, to take up moisture ; aatl when this occurs, no further dryiug can be eflectcd, and the quantity of water retained remains unrhangMl within very Darrow limits. In this state of equilibrium, in which alone wood is made use of, the wood is said to be atV dried. The remaioing moia- Iture r-an only be expelled with the aid of heat, and the last portions Doly with such difficulty, that the wood begins at the same time to decompose, and becomes brown. Rumford heated the following air-dried woods so long at a tempe- rature of ^77'^ F. as they lost weight, without being chemically changed, and found that 100 parts of For practical purposes, such a complete state of dryness can seldom be attained, so that the wood used for fuel after exposure to the air for 10 or 12 months, contains from 20 to 25 per cent, of water. The former number taken as the mean, gives us in 100 lbs of air-dried wood only SO lbs. of real fuel. Wood, several years old, kept in a warm room for six months, still retained about 17 per cent, water (Winkler).t Woods are commonly divided into tbe hard and soft kinds, a distinction groundoil upon the facility with which they are worked, and upon their powers of producing heat. The former, amongst which are numbered, oak, beecb, white and red, birch, elm, and alder, contain in the same bulk more solid fibre, and their vessels are narrower and more closely packed than those of the softer kinds, which include that of the pine, fir, white fir, larch, lime, willow, and poplar. High situations, much exposed to wind, and a poor soil, cause the annual rings to be less developed, and consequently more closely packed than is the case with wood, which is protected and growing 00 the more fruitful soil of valleys. The specific weight of wood mast necessarily stand in a certain relation to its hardness, and in- crease in a like proportion. For this reason, and as knowledge of this kind is useful to tbe practical man, several experimenters hare turned their attention to the subject. Wood not being a homogeneous substance, its specific gravity, which is made up of the weight of the solid matter with that of the water contained in it, and of the air of the pores,! ^^^^ these different constituents occurring in variable pnv I I * Tb« mmr kituU of wocm) frMd ia Iho mric nuuinci from all water al 2TI^ T^ and axpiMoil in ihannKi to the nif, abioibed in wintor (4S° P.) fKmi 17 — 10 per oeot, and w tummcf (63^ F.J from 4 — » pci eetil. of water wjitun 34 lioare, whkb haa euily riplam wlijr wood it dried wiUi m> mncb djSoullf . T Tlw wood oompOBing the beam oC\ toon 150 jmx» old, and preaenvd ftom iaoii> mt*, bad a (pec frav, 0^&S%, and cxniaLanl 1(XS per <xNL wau^t. } 'Rmv Rumrord calculatMl Ctom tlic specific niaviij of die fretb wood from Mppy V*iii and fh»n iliat of iia mAiii pans, ibat l cub. ft. of ttvA oak wood eoniaiuMi 3t>0 oib. ia. of Mlkl fibfa, 860 ath. in. of np, and 940 in. of enclowd air. Poplu wood in ibn ■raie ifmuiiM In tba eubio Ibot, 343 cub. tn.nf fibr«, SI9oub.in. of Mp, and &39 ill. pf air i Uma-wood, 365 cob. in. wood, 30S cub. io. lap, and 370 cab. in. of aii. OP WOOD. portions, could not be ascertajoed with that degree of certainty to which we are accustomed to scientiBc investigations. This difficulty wa^ very much increased by the modes of experi- menting being diiTercnt and often inappropriate. Wnod ilselT, sup- posing it free from pores containing air, is distinctly heaTicr than water. Thus, after destroying the pon-s by rasping and by delermin- ing the volume of the rR.sping$, (he specific gravity of lime wood was found to be 1.13, of fir wood 1.16, of oak wood 1.27, of beech wood 1.29. Uumford*8 experiments led to the conclusion that the massive part of ail woods without distinction had a specific gravity of about 1.5. Experience has shown that wood sinks aAer long immersion in water, when the air has been expelled. In the following table the respective weights of the different kinds of wood are given, according to the best authors, and in the slate in which tbey are used : that being practically of the greatest import- ance: •TBcirK vBAvnr or the »irtcutvT kivd* op wood t wi,>xs mn* vxitt. I. ri. III. IV. V. VI. V«rie(7 of WooJ. Raeanll; Dried in rpilutt. 1 Air. Slrttnglj '» Ijuvrcu* robur (Coniinoi) Onk) 1,0754 0.71)76 0.6441 U.6«3 0.939 Q.6M Q,. pvilunciilatm (Padido Oakt I-U494 O-tlTT? ^ 0.663 ^ O.AAn Salii (Iba (WhiiA Willow) . . D9SS9 0.4873 0.4404 0.457 OMA ^ Ptgua silTKliL-a (ll<>*cll) • ■ ■ O^SU O.fl907 0.&423 0.5«O 0J1A2 0.7Sft l;]inui c!inipctut» (RIml . . . O.HTfi 0.M7* 03788 0.518 0.600 0.5«8 Carpinud bdnliii (Hornbeam) . . 0.J453 0.7 OSS — 0.691 — 0.7W Pinua lafii ({•■Tcli) 0.9fiOA 0.4736 — 0.441 — O.AI» Piaui ajrUMIrit (Scalch Pir) . . 0^)31 0.6S02 D.420S 0,4SS — — Aner |iMii(]o|iUtaiiua (Sjuamorv) . asosfi 0.6503 0A779 0.6I8 0.75S 0.S45 yraiioua eiceliior t Aili) . . 0 9U36 0.0140 0.fil31 o.sia 0.734 0.670 Uetulanlba tUirchl ..... O.QOU 0X374 o.&es9 0.698 — 0.13B SorbuB aucujwna (Mount. Aab) . o.ew)8 O.fi440 — 0M% — ^ Ptflui abici, Umai ^^'lt} . . . 0.E841 0.A6M 0.4903 0.493 0.fifl) 0.4SI Pinua pmaii, Dur. 'tiiltcr Vit) . , 0.S699 0.4113 a.8SS8 0.434 .^ 0.7S3 Oral. inriQinalii (Wild *«tTic«> o.Msa O.MIO .. 0.M9 0.BT4 .^ Aaa«ulii* tiippAc. (Horaa «h«aiaui> 0.14614 0.6149 ^ ^ — O.IUt Baliila aluiK (A1<l*() .... o.tu?i 0.6001 _ 0.44] 0.900 o.5a» Till* euriipra J.rin^) .... 0.8170 0.4390 0.9480 0.431 0.004 0.M9 Pnpulua ii'gra [BUck FopUr) . . 0.779* 0.388C -^ 0.349 0J83 0.3S7 popului l(eiiiula(Aapeu> . . , 0,7«a4 0.4308 — 0.418 — — !>«](. aalicailuillai) Foplaf) • . 0.7S34 0.3931 0.4403 — — — S. capm [Gt. rouud 1 £alIo«) 0.7 i&a 05a«9 — O.£01 — — Qtii- 1 I.3U0 fiui. \ u2eo — — ^ ^ ^* ^" ^^ ^^ The column.f I. and II. give the weights ascertained by Hartig: and column III. the less accurate determination of Weraek. His specimens of woorl were dried in an oven until they ceasetl to lose weight, anil then the loss which they sustained, on being immersfd in water, was determined. In the IVth column, the results obtained by Winkler are given, who weighed an exact cubic inch of each wood. Aornr<tiiiii to nniiUiaf rnlriilntkiin. I ruli. li. orair^ltieil linii<-wiio>t,rt>ntnina 5&B mh iit. nf fir wowl, SSU (.'bb. iu. uC uolcwvuit, Sttl uuh in. uf UvcvU-H-oud, 4^7 cub. ia. irf nil in ttie ponNk or WOOD. S3 The Vth column coDtains Nfuslienbroek's numbers, and the last those of Karmarsh. The American, Mr. Marcus Bull, whose determina- tions are most trustworthy, obtained ihem by the method of imraer- sioD, taking tlie precaution, bow«ver, (o cover each specimen with a varnish of specific gravity = 1,000, nhicfa, without giving rise to error, ensured the presence of the whole quantity of atr in the wood. The Kuropean wo*m1s, 88 sliowii in the table, are Iherefiire neiirly one half lighter than water, so that 1 cubic foot of dried beech wood weighs 34. 3lbs. ar., 1 cubic footof oak wood 40.6 lbB.,&c. It must further be mentioned that wood dried in the air decreases in bulk, often as much as 0.1 of the whole. In mountainous districts, where the wooded parts are steep and intersected with rapid streams, the latter are fre- quently made use of for transporting the wood for fuel. In the Black Forest, Salzbui^, &c., large quantities of wood are floated down in this manner. Looking more closely, however, into thi.s practice, it Bppcarsthat the adrantage of cheap transport is partly counterbalanced by an inferiority in the quality of the wood so transported. Long immersion in water must necessarily dissolve out all the soluble mat* ters, and thus diminish its volume and power of producing heat, which is actually found to be the case. Wernek asserts, that one cubic foot of wood may lose by being floated 1 lb. of its weight. Daily experience teaches that wood, when burnt, always leaves an incombustible residue, the ash; this consists of earthy and alkaline salts, which the living plant has taken up from the soil for its own purposes. This amounts generally to about ,'q, but sometimes from Vf '** 7*0 *''" ^^^ original wood. It has already been stated that the proximate constituents of wood^ as regardsthe relative proportionsof their elements, do not differ much from pure woody 6bre (wood purifieU from extractive matter and water). The knowledge of these relative proportions not only explains the peculiar properties of the individual woods, but is essential in csti- matiDg their relative values. Schodler and Petersen, with this object in view, have furnished us with the following results of the element- ary analysis of woods dried at 100'' C, and previously pulverized : In lOO pons ibry founil: ■iMdai ofWottd. Cartmi. Hydro- g«ii. Oxy- gtn. SpMHM or Wood. CarlKHi. Hydra- gM. Ojy- fen. |*ara woody ibn . QMoreiM robur . . Pnit*.eie«l«ior Ac«r eiBipvttrii BeUUtlta . . . Ulaiiw caiapeK . . 63.(3 49.49 49.30 4D.M) 4S.A3 48.eo 60.19 6M fi.07 4.075 6.31 e.w «.373 S.43J 41.10 44.M 44.d7 43.89 43.39 Popuioa Dffra . . Till* nropca . . Pinui tbiei . . . I'inu« picaa . . . Pinniijilvenru . . i'lQui larii . . . 49.W 4».4t 4S.44 49.94 S0.I1 «.3t Ml e.ss flJI 43.fl9 43.T3 44.80 43.05 44 OS 43^1 43 .&S It will be seen that the composition of different woods does not vary so much as might have been anticipated from their various properties, and yet it must not be overlooked thai, whilst hydrogen and oxy^n are contained in woody fibre in the same proportions as those in which 94 or WOOD, the)- unite to form water (1 : 8}, this relative proportion is exceeded by the hydrogen io the different woods, and in a variable manner. [The following general tabic" exhibits the roost important practical results of Mr. Biilrs researches on the heatinc power and other pro- perties of forty-six species of American woods. The high e-ttima- tion in which these carefully conducted experiments are held in every part of Europe, added to their intrinsic tispfulness, renders it highly proper that the Amr^rican reader should have easier access to them than it is practicable to obtain from the works in which they have hitherto appeared. They are here presented entire. Nhiw* of W<wd«, WUla Aah tPruiiiii* AmerioMia) Jtppla Trn* (P*ru> nwlu*) .... ■ Viliil? Rrrch iWpif lyltMlri*) rlnni.-k lt>r,-ti (HriulaUuiM) .... rlA'hile DiK'h (Hc-tula |>o»altli>[ia) I'lButior'niii ;Juj(Iqii* eKinanieai . ' Iti^il ITfilBi tJumiKinu VIccinianal ■ Ainonrsi- rhBitnui |rai>i*noa v*Ma| Willi Clifrr/ [Oerwiia Viriiiinnk) . . Dojt Wii<>4 iCamnii flari'la) . , Wnil# Kim (liliDtitAtni'fK'Kna) . H Gan (Nynsa iTlvaiical •MM rium lld(|uiiunliar ilynulllua) ?1HI bark Mickcn- (Jaalant MuwnoM} . Ik-iiiii tlli-kiir) •JiikImii. pairlnil I Rnl heart Hickory iJualiint lB«iaia[an . WiK-Ti-hnii'l iHaiiiHiiirUii ViFfiiilca) . '• Amencan lk>Ily (llei opaca) Aniarx'iii III in <l in HI I >(rcr|>iiiai Aniarlcajia) Mn-iniBiJi IjLuicl [KaUfiiB latifalia) • . Hue) Mnr>l> [Arrc ur-iliailnuml Holt iMinir I Ac«r rutrumi .... t.ar«r MnutiiiUii |Ma)i<"illB||T*[ii)iflon>) . Clu^iQiiti IVUiic Oik iQiittcui prinui i:«liutria) W)iii> ntik KjiiTi'iiK iillia) . ftliclM'arif Wlii.r? vmk i^Jufrena abiuaUftba!) Bamn Srniti (hiL Kjiii-ii-iit oaCnttMNi) P»i DoX (Qiirriui iialuiliii) Scrub Rlai-k Uak iQurtrui lianbMrl) .' Beit Oak murffua tulira) .... ' Barren Oak lQij«n.'u< ferruirf'i naj I ftork (;lmlll1ll(^■k (Querriia jinnaa montJeola) . Yellow Uak (Uuvreu* |irinu« acuniuialn) . rflf'anlth Oak (Qui^trua (ntraUi) . [ J'enuTioTi iDiaipvran Virjiinianal Vrllijv Hiiiir, rViiV. trmiikniilli) [jtfBy ttiir (Pi'iu* I'lOl^l ~ I Fiiii (I i'liia iiKliIal I Pill* I rimit >iroliu>) ' Pujilni (l.tiiiiiltiiidrari iiilipbhta) . bM4r Puptar'f Popolu* 411 niaial Sl^orua aauBrnM) rf lArnnla ar'xmal vvarDMirr (Ak'! parailo-iilunTiiiil Walnui iJutlain iiwra) .... I XVliorilnJiflri)' (Vm-ciiiiuia rorymbiwjnil ^1 .775 W. TIM .WT .WTtSM .SB .MO ,M? .H1& .Tva I.CU) IMP .as .7W Ma ■M4 .715 -in 1*7 IK .esa .711 MOD .-SKI 3116 SS33 ma 3[U tt34 jmatan MO am 3HS& raw nM not 079 3000 .M Mia .lie .303 an IBM ikStil Iff* .7X Mflma »M awi 3CM4 nil t ^ SSTI Si l»«I 1*40 19 WTTi MM SMBI SI 70 ii MM S.III ION «UI SMS SXM 91.411 tan IV 9I.M 9143 »M n.M •an 91 «a un 9im 1143 SSU ■3UM 91 M OLti ^m in TO mm aajK 1I1.SD »:» .W7 .44« Jiln .I9N .Ml -iBT lO- X9 .4n .4(>1> MJ J33T .am* J74 4a7*«.03 .iSI .870 .«» Ml .m JDS .«» 4tt» .447 -4.-n JDl .vm 3X1 JHS .«CI .»Q US in.41 il.'X Visa 10.19 1SL4; liJU IBM 11143 »i.M IH.70 ■i{.ra tt.n 33J9 90.18 lOJS lOJH 10,17 KM ■tOM 31.10 12» aD83 ■&U mas 'Ji.as -AH i&a IPAS M.R ».« tsus lAH) ■2 WVUIt •JXM 19.K ■XS3 77» KU «H «30 an aw an Tea M4 wa im 1071) 64S TSO cm »u 7IS SI 7 U1 «M Ml ese 740 714 T49 774 «M KM «H 891 «a ru 3M Ma 4U «« (UT 304 en >0 F Rfi'S 1^ -at « o sT«r u . ~^iO hy^ - 2 «TJ ^> n-it. ai e u 33 040 33 D ST 8 M 8 4S 8 Ml 84* » D 40 37 a 10 tt 8 10 M 0 10 33 8 3D » a 9» a 40 a S40 at <an » 8 10 SI a» a» t » a 40 «■ 0 10 as i n * 10 at a 30 » • w 3S aao M «30 » «9» at 4.10 30 duo 9B • w « 0 41 0 10 3U n» » «3D 33 «3D IS ft 40 XI • 40 3D a «u a? « 10 34 • 40 » • ao IS 880 <B s an at 0311 IS 0 JO * Thi^ originol taemoit o( Mr Bu£l (rcni) April 7, 1836) ii found in tfio of til* Ainer. Thll. Soo., tdL ifi., New Spries. pp. I— 60.— Ait Eb. 00 M aa « n n n 71 aa aa 81 80 M aa M 48 « at «) » m aa (IS 73 TimDMciioiu or PEAT. I I Of Peat. — When the soil of a district assomes the form of a flat liasin of greater or smaller dimensions, so that the water which col- Jecls cannot freely flow off, but stagnates for a length of lime (forms a moor), which is not of uncommon occurrence in the temperate zones, and is favored by the tardy evaporation, then water plants of all kinds, sedges, rushes, reeds, algx, mosses, even shrubby plants, as wit- lows, &.C., avail themselves of the propirious situation, and quickly form a thick covering of vegetation. With the change of season these die and fall to the ground, making room for a second crop in the fol- lowing spring; this goes on from year to year until the hollow bog ij completely fiUed up, although in a very loose manner. The remains of the plants immersed in water quickly undergo decay; they lose their original solidity with the simultaneous evolution of gases (marsh gas, carbonic acid) of a disagreeable and partly noxious odor, at the same time that they take up oxygen from the atmosphere and from compounds contained in the soil and water surrounding them, e. g.f sulphates, which they reduce, they become brown and soft, and eventu- ally are converted into an earthy, black-colored mud. The debris of plants, reduced to this state by decay, or in which the process is still going on, is called peat. Smaller ncpnsit.s are found almost in every counirj-, but districts of immense extent occur, in the Ibrmatlon of which, (he waters of the sea appear to have borne a part, as may be seen upon the low shores of the North Sea and German Ocean (Holland and North Germany)." Sometimes the peat formation ap- pears to have taken place at successive period.*!; the mass is (hen generally divided by layers of sand. Altliough peat sometimes occurs immediately at the surface, it is frequently covered with sand or mould, but is always found in hori7ontal layers of modrrate thickness. Peat belongs to the more extensively diffused kinds of fossil fuel, and is obtained of two kinds, which are solely distinguished by their geolo- gical age, or by the amount of decay which (hey have undergone. They are: 1. ReceU peat, in which the structure of the roots and stems is still perfect, and which possesses a very porous, specifically light texture, is soft and exceedingly fragile. Passing from light brown to blackish brown, and containmg the roots and fibres which are really foreign to it, disseminated through an earthy matrix, it gradually verges, without any marked distinction, into the 2. Older peat, in which all organic structure has disappeared, and the fibrous has given place to an earthy texture. Those kinds of peat must be considered the oldest, the earthy fracture of which has be- come so 5ne in the grain, so free from fibre, and so dense as to ap- pear smooth and shining like wax (pitch peat?). All kinds of peat DclODging to this class are decidedly heavier than those belonging to * WKiln in wry inounininmis ooantrifx p«M-irMOTi of 30 lo 30 htt in exinu mn ft«- i|iHnl in bollowB, they cover wbola diiuicB in UoUud. Tbej twjr quitB ■> mnch >b duekneM, geoonllr not cxcmmIuir n Tew f«et, whibi in Hollaod thejr aUeod to a depth of 3 hlhomi, ud in Ireland to dO TmL C 28 OP PEAT. the former; whilst o cubic foot of the more porous kinds only wpi^a about 4 lbs., the wHp^t of the latter amounts to from. 12 to 20 tiines as much (Kariuarscb).* Thf. humic acid contained in peat, and observed by Sprengel, as also the various other products of the decomposition of woody 6bre, which constitute its chief muss, are of little interest, as regards its application. The same may be said of the resins discovered in it by Mulder, and descnbed by him. In Germany, for iastaoce, on the Kbine, the cutting of peat is a very simple operation. Having; laid bare the surface, the peat is cut by means of common spades into the shape of thick bricks, and these are placed to dry upon some kind of support. Care is taken to separate the peat of the upper part of the layer, which is yonng and 6brou8, from the heary and more plenti- ful lower peat. Somewhat more circuitous, but certainly more appro- priate, is the process adopted in Holland, which exactly resembles the preparation of bricks in moulds. As long as is practicable, the peat is scooped with spades, and when the peaty mass, which is more flpODgy than solid, becomes too thin, a particular kind of instrument is suDstituted for the scoop commonly used upon such occasions. This consists of a kind of sharpened iron ring nxed upon a handle, forming, as it were, the side of the scoop, and is perforated with small holes in the side, and intended to support the bottom, which is formed of a net or piece of cloth. This instniraent prevents any quantity of water being scooped up, the boles admitting of its running otT imme- diately, ioe mud collected in this manner is converted into a homo- geneous mass, by treading with the feet, stirring about with rakes like mortar, and picking out the stones, and is then spread out evenly in layers of one foot in thickness in large wooden boxes, such as are used for slaking lime, that the water may run off and the mass be- come dry. To facilitate this, and to prevent the adhe-sion of earthy matter, the bottom of the box is strewed previously with stamped bay. When the mass exhibits a certain consistence aner some days, it is subjected to another operation, in which women and children are em- ployed, who, instead of beating it about, strap flat boards, like snow- shoes, to their feet, and stamp about upon it in all directions. This is continued until the surface no longer takes any impression Srom ft oommon tread; and lastly, it is struck with beaters until the surface is uniform. The whole cake, eight or nine inches in thickness, is divided by means of long laths into squares of about four inches, and * TbPitnnd-dach/orHMMODtnpTUMaKlvonvvpMunicxin. TlipRbinv.Jbnnoilf ol> fltiBCMd in iu couTw »■ fiinp^n^ vru forced to ipond its waters over tha Itnr-taads oppo- liU MmytirKx, and the itnxnitiing wnir-i which trmninfil afloc thv Rhio* had fttrem tia pUtagp, ^va rbr, in Ili« ■ill! (wimpr diitrii^i callad Rird, la tha HxnaWim of pWl, whiob ii now cut ai rfun^tvlaJi aufl Gri«»heiin, Thn pent of tfat lauai locality u deose, haavy and hlack, anil clomtly n-latMbi Xb« olilrr prxt- Ihnt >nf iha fomer is ligtit. wiihont eanby conslitueni*, licli in llic ruois uf pLanit oC a liiiht culor, and oTJclDntly IwIodrs to the more recnnt iiprciiw. Thn tiimlifjr of Uie nriwh^im peat )« »enf enpftrior to thai of tha other livBhtjr. [In lh« Northern unil MiiIcIIq Stntrs of thn Union, pMt marihea abonod, and aie beawniing obji^s of miaid^rable ini«r«*t for tho Awl wbkll ihsf Mp- p\j, aa well aa ibe Rianui« alforded to acricnliure. — Aa. En.] OP PEAT. ST gradually removed. The thickness of the cake is the length of the bricks, which are kept upri^t. To effect the complete desiccation, the first is taken out and laid transversely upon the second, the third is laid upon the fourth, and so on; this order is afterwards reversed when the pieces are piled up. In some places, the peat mud is •cooped out with buckets on to a dry place, and when the water has drained from it, is made into bricks wilh moulds. Too large an amount of water in the peal may corupletely destroy its value, and render it incapable of being piled. Its value increases in rapid proportion with its dryness, density, and firmness. If it possesses these qualities in an inferior degree, it suffers by carriage and by keeping, the upper layers of the heap coropretising and breaking the lower layers, which thus become valncless. The porosity and brittlcncss of peat prevent its application in ail cases where fuel and matters to be heated are piled up to a height one upon the other, independent of this, the fact is of great Importance, that dense peat comprises, in a like buik, much more combustible matter than porous peal. This fact has ted, in recent times, particularly in Ireland, to the construction of presses for the purpose of improving the quality of the peat. The difficulty of introducing at the same time a quick, cheap, and effective machine,, has not yet been entirely overcome. It is evident that such a press, in addition to the advantages named, would also ver^ much aid the drying pnx^ess. In one experiment, a brick weighing 8 lbs. loart fi.fi lbs. of water under the press. The longer peat is kept and allowed to dry in appropriate sheds, the more it will improve as a heating agent. The amount of water in air-dried peat varies much nu>re than is the case with wood; and the subject has not been mucH examined. Another constituent, which is of little consequence in wood, is present sometimes in such quantity in peat, as to render it quite useless; this is the ash, which in peat is of a twofold nature; nrslly, the quantity of ash peculiar to ttie vegetable matters;* and secondly, all the earthy matter which has collected during the depo- sition of the peat. This is essentially different, both in quantity and quality, from the ash of wood, and is much more subject to variation. Thus in 100 parts of peat, the following quantities of ash hare been obsenred. * IiMamodi Ra Ata b«* not batm dtMolvval out hf the bag.w«Ur. OF PEAT. Vnirieij' of PeaL G(Mt Vtni, bruwni*b yellow Piicb Pcai TounR, ckrt brtiwn OUl pnnliy Pcul Black, finn. ^m Neum&iuur . Bcowo. looHs fhrni Sctiwfnitiagen Vctr ol'l Peat, bom Vuloaire, naar AbbcTiCle Not Ki oM, frofn Champ Je ftu " Vtmt Btrlin. 1. Sm^m 2. " 3. " Black, olJ from MOgliii .... Braurn, ironnfc Hoot, in Eirhsfold, 1. ton . " " 3. "... . In 41 iDrta, ftom the £nc«cbti][a Alb. I ~1.S U — 8 Id S 10 7 10 8.S 7.2 3.3 4.61 5.35 ».3 102 11.9 14.4 14.8 31.9 33i> 30.5 SM 1 — M ObsctTcr. KanwuKh. Sucrten. SdtOlilar. Achatd. Einhof. Bucfaholx. Wiuklw. Peat may, therefore, contain from ] per cent, to ^ of its weight of ash. Carbianates of the allcalies are never found in it, but phosphates, sulphates. &c., are. Kinhof found lb.2b June, 30.5 alumina, 5.5 oxide of iron, 41 silica, 1.0 phosphate of lime, 1..05 common salt and gypsum, in 100 parts of ash ; Schtibler even found 34 per cent, of phosphates in the ash of peal from Schwenningen, upon the presence of which its chief value as a manure is based. As has already been remarked, tb« weight of peat depenilt; upon its state of dryness, upon its age and density. Knrmnrsch givc:s the following as the weight of diflerent kinds of Hanoverian peat: I. Light colored, young grass peat, nearly unchanged moss, 0.113 to 0.263. 2. Young brawn and black peal, an earthy matrix intersected with roots, 0.240 to 0.600. 3. Old earthy peat without any fibrous texture, 0.564 to 0.902. 4. Old peat, pilch peat, 0.639 to 1.039. Moulded peat from Griesheim (near Darmstadt), of good quality, has been found to weigh 0.706, so that 1 cubic foot would weigh on an average 35 lbs. av.,and 100 bricks (at 56 cubic inches), 113.* lbs. They leave after incineration a mass of ash, which, although less in bulk, retains the form of the brick, and is certainly very considerahh- in quantity. A cubic foot of the earthy peal examined by Karmarsch gives nearly 3 lbs. of ash ; the ash of all similar kinds of ^eat is injurious for several reasons; partly in causing dust and taking up much room, which in lai^e towns, where it cannot be immediately employed as oianure, involves expense in removing it; partly* by acting cbemi- * la a &n, by mciuiii of whiclt W tne«uun'9 ^ 330 llw. of waier w«re eonTvited Into ■tnam in V hour*. 340 lbs. of ptau were consumed. Tbe ub at ihU caloalaied at 20 par MM. would liavD 48 Iba. daily on die beartli, aad wouli! aniouDt in ihn year lo |7S CWL, iba nraoval of which roiurt Iw aitcnd«(l with ffxpenK — [Tlib pnxluci of 1 ( jmU of mua (o 1 pan of foal ia eenainly a very low rentU. — Ax. £0.] V0S8JL 7VB.L OF THB ANTE-BISTORICAL BRA. s» callj in smeJting processes, besides decreasiag, of course, the quantity of combustible matter. The manner in which peat is produced, [see brown and common coalf) would indicate an amount of carbon in it, above that cooiained in woody fibre. RegnauU found, id three kinds of peat, after deduct- ing the aah, the amount of which has already been stated, the follow* tag proportioDS:— F«u Own Vnkairo . . . 57.03 CarboD 9,03 Hydrogm 31.76 Oxygon *■ Lome . . . . 08,O» " 0.93 3iJ7 * Cliatnp de feu . S7.79 ■ 8.11 3«.77 The last column includes the rery small quantity of nitrogen in peat, which is recognized by the ammoniacal vapors that it produces on heating. Foifii Fuei of the JirUe-historieal Era. — The steady and gradual operations of nature, at the present day, supply certain districts with a stock of fuel of no mean quality, by the constant interment of the lower kinds of vegetation in the manner described above; but in the r>oi.«y activity of her more youthful career, the wants of the liiture races of human beings were never overlooked, and, indeed, they were more abundantly and better cared for during the time that the cre- ating powers were fully employed in giving a habitable shape to our future dwelling-place. The science of geology teaches us, that at a certain period, our planet, — cooled down to a certain temperature, and thus admitting the vapors previously pertaining to the atmo- sphere to be precipitftted — was covered by a shoreless ocean over the whole of its hardened surface, by a world of water in the full sense of the word, whilst its interior still remained in a state of incan- descent fusion. This internal mass, void of all elasticity, and con- stantly compressed with immense force into narrower limits, by its hardened crust of stone, at length burst its barriers, and gusning forth through iunumerdble fissures, became solid, and formed so many elevations whicli appeared as islands in the vast ocean. A period of rest succeeding, accompanied by more than a hot-house temperature, and an atmosphere rich in carbonic acid, gave rise to an insular flora of gigantic dimensions, but resting upon an unsteady soil; ibr the same disturbances recur, fresh elevations of the ocean's bottom gradually straighten its boundaries and force the waters over the insular forests, burying them under masses of mud and deposit, or carrying thera off to more quiet parts of the ocean. In all pro- bability, the numerous strata of the transition formations have been produced by repetitions of the same process. The heat and moisture tended to accelerate the carbonization of the buned vegetation. It Vb-ouM, however, be going too far to maintain that the process of car- bonisation had already ceased, after Lyell has shown that it is still pro- nessing, although inadiflerent manner. The great riversof tlie Ame- ncan continent, far removed, in some parts, from the civilized world, and unrestrained in their course by artificial dykes oi dams, destroy and lay waste primeval forests, sometimes by inundations, sometimes by c" 30 FM»IL FDEL or THE AXTC-UISTORICAL ERA. utulermioiag their banks, and cany down innumerable trees, partlco' larly at the time of their overflow, whose roots have been laid bare by the water. These, after remaining for a long period in the water, which the various impediments to their process tend to lengthen, become so heavy that they can no longer float, and if not carried away by currents into the sea, are deposited in the deltas of tlie rivers with the debris of rocks, sand, and mud, which the river is constantly bearing from the interior towards the coast, here to un- dergo the same change as in the former case. This change, as in the case of peat, is of a purely chemical nature, occasioned by the presence of moisture in the earth, the partial access of atmospheric air, and sometimes by the enormous pressure of the superincumbent layers of rock. To show more clearly the nature of the process of decay which here takes place, it may be stated, that coal occurs in very different formations, and consetjuently differs considerably in age; it may be distinctly classed under two heads, according to its age, and the two kinds can likewise be distingxiished by their internal (chemical) cha- racters. In all coal tliat occurs above the chalk, and which, conse- quently, is of more recent origin, broum coal, ihe process above noticed is less advanced, and it is evidently much more closely allied to wood, than that which lies below the chalk, viz., bituminous coal. Whilst ihe former retains almost unchanged the entire structure of the wood, this has disappeared completely in the latter, with the ex- ception of rather rare impressions of plants. Both formations must be considered as woody fibre, in which the carbon has remained, and the other elements liave partially disappeared tn proportion to the age of the formation, until m the last product, anthracite, hardly any- thiQ^ but carbon is left.* This is Ihe result of a process which can be distinctly traced, by comparing the elementary composition of the different members of the series. The composition of wood in 100 parts, given at page 13, corresponds with the following relative dis- tribution of the elements : 36 C + 44 H + 22 0, Take from these 3 equirs. carb. acid 3 C +60 33C-i-44H-|-16 0 2H and from the remainder 1 equiv. hydrogen . . 33 C -I- 42 H + 16 O, this result, then, represents exactly the composition of the brown- coal of Laubach.f In a similar manner we obtain the composition * This whole t«>uoninf; T^lalire (o dilfemil oga of auDira^ih) and tuluininMn eoal hilt io rcuutl to tho Boutbeni antJuHiu field oi Ponnej-lvstua, wben die hwd an- ihnuto of llu! Leliigh brcotnea the froe bumttig bhutntuous ooeJ ax ibe &n*i]o Ir Blao Ail* tn the South Witl«<« onnl fl«M.— Avi«. £d. t Tito amiytiM of thii lad of tbo following will be Eiveo ia the leqiwL FOSSIL FUEL OF THR ANTE-U16T0ItICAL ERA. 3] of the brown-coal of Kiogkuhlt near Cassel, if from the wood ru before =36C+4'1H + S2 0 re take 4 equivs. car- bonic acid .... =» 4 C + 80 it leaves =32C + 44H-t-I4 0 equivs. water . . . = 10 H 4- 5 0 ires 32C + 34H+ 90 ind 2 equivs. hydrogen . — 4 H [we have finally . . . 32 C + 30 H + 9 0 = brown coal Ringkuhl. In both cases we have the same kind of oonibiDa- >ns formed, only in difTercnt proportions. In the formation of bitu- rininous coal other products occur; thus, 24 C •{- 26 U + O expreiises Irery exactly the relation of the atoms in the splint coal of Newcastle, [and its form ation is explained by deducting the fotlowmg compounds im the elements of wood. Vood =36C + 44H + 22 0 equtvs. carbonic acid = 9 C + 18 O eaving 27 C + 44 H + 4 0 ^3 equivs. water . . . = 6 H -h 30 27 C -I- 38 H -(- 10 equirs. carburetted hy- drogen » 3C -I- 12H 24 C -I- 26 H + 0=splint coal. The main point, in the progressive decomposition of buried wood, is the production of carbonic acid from its own constituents. In the case of brown coal, when atmospheric oxygen is not so completely excluded, this combines with a portion of hydrogen, which is not the in the formation of coal. Nothing results here but a break'log ip of the elements of woody fibre into the four products: carbonic tcid, water, light carburetted hydrogen, and coal. In the former casct the mouldering process is predominant, but decay (eremacausis) also does its part; the latter is solely a mouldering process. It is more than probable, that the carbonic acid accompanying the mineral f waters of the carboniferous deposits, is produced at the same time as tthe light carburetted hydrogen, which has been observed to constitute ^e chief mass of the ure-damp. In a similar manner, the formaliou of all the varieties of coat may be explained; it is, however, hardly necessary to mention, that the foregoing formulse are merely intro- duced for illustration, and are only true as regards the actual atomic retaiums of the individual elements. With reference to the occur* KDce of coal, it is met with in three distinct layers or strata; com* meocing with the lowest we find it: 1. In the cod/^ormo/ton, which is subdivided into the older iransi' Uon formation (anthracite), and the more recent coal/ormation (bitu- minou.s coal). 3. In (he $wondary Jbrmaiion, both in the older Ktuper and yitra formations, and in the more recent chalk. n uBtmn COAL. 3. In the tertiary formation^ fresli water limestone, shell limestone, &c., with brown coal. Of Brown Coal. — The coal of the tertiary foriDation, or brown coa], is not always uniform in appearance. In some kinds the ve^tsble remains are so well preserved, their structure so distinctly retained, even the more tender parts, as leaves and frait, are so little altered, that a botanical diagnosis of such antediluvian plants has been under- taken with success. They appear as dattened stems, crossing each other in all directions, of a more or less dark color, of a soft, mellow consistence, their fracture following the direction of the fibre of the wood. They are called lig7ute, fossil, and improperly bituminous iDood. The coal of the Wetterau (Salzhausen, Laubacb) belongs to this class. Other kinds present only occasional distinct indications of vegetable structure, and appear throughout as a stratified mass, of a dart, nearly black color, possess an earthy fracture, and are called earthy brmon coal or pitch coal; to these belong, amongst others, those of Meisner near Cassel. Lignite is often mixed with these, and both kinds are often present in the same specimen. Although sometimes occurring at the surface, they are mostly obtained from a considerable depth. Fresh from the pit ihey are impregnated with water, which evaporates upon exposure to the air before they are used, the amount of evaporation depending upon their degree of porosity. Reinsch found lignite from the Bavarian Upper Pfalz, to contain 43, and earthy brown coal, Irom the same locality, to contain 30 per cent, of water. Generally, however, the amount of moisture in brown coal is greater. At least Varrentrapp found that fresh coal, from ilelmstedt and Sch6> ningen conlaioed '18 per cent, of water. AHer being completelv dried (when a great reduction of volume occurred) they re-absorbeu 8 per cent. Coal of this kind, kept some time piled up, contained 29; exposed to the air in summer 20, and in a warm room after four weeks, 8 per cent, of water. The amount of ash is in itself incon- siderable j it is, however, frequently increased to an injurious extent by the infiltration of water containing sails, and by an admixture of earthy matter, as will be seen from the following table. BROWH COAL. 33 VinXy '.r C'-^: A>h. Obwtrer. ' Lignite £njiD AuuitE ».M V. "^ 4 u « 6.51 L 1 - He««ndotr 6.93 ■ Bkllini. 1 1 - KeuKtorf M3 n - Cmttang 1.W Eanhr Atxn Grilnbu e.u BkTKriaa - Vbhib I.icsiie " " 10.00 3.40 Reinsclt. " Giwc« 9.03 " UsBBdi 3.10 iA9 4.« ' ReftunlL ^^B Bouchca dii Rhdoc 13.43 ^^F NieclcfAlpcu 3^1 F "=-:'' K^r'|«^" 15.47 ' ^ » " Trom Hlnditeii ] aei !■ Cftnticlcoal " " 1 _ . MkMlotort « • j-R^S*"*! Loirnl ton " " J 3.7« 3.20 4.93 • KtUinvrc L Pinb «wl from Habichuwrnlda IJS 1 M U i' 3J3 i $tUlh«<rcrr mal (Sdhrwald) e.«fi LignitB ftum Hir«i:liborj . 1:89 .8^ ■• Ictlnnd 8.8 * ' (lUMMhet speeimen] 27.6 " UlweilM 0.9 " Grube Ufwelt i.« e * ° a u *t 21.05 J«' » FriMdoif . ].«tf ■I ■ W9 ■ EuMen. ^ ■ PuUdisn 44 u u 174 ■■ Stetwhen . II u 14.4 S8LS Onbcfit 43.3 " " . , 98A O-I rco. Sch^^n^n e™„.wi.. TamMTBpp. ■ SkUB coal from Asberg 4i RciaKti. r " " Agu Reu* E 6.0 Tfae unouDt of ash» even id the same deposit and in different parts of the same piece, varies more than is the case with peat ; this is seen from Karsten's experiments. Reinsch found in the ash of lig- nite, from Ver»u : 3,6 gj-psum, 1,2 hyposulphate of potash, 25,4 hyposulphite of lime, 50 protosutphate of iron, 20 sand. The ash of earthy coal ga»e: gypsum 3, hyposulphite of lime 7, green vitriol 67, sand 33. Varrentrapp's examination of Brunswick coal showed; gypsum 75.5, maffnesia 2.58, alumina 11.57, oxide of iron 5.78, carbonate of potash ;^.64, silica and clay 19.37, Brown coal, such u that of Orsbcrg, consisting of one half mineral matter, cannot be considered (uA, but can be made use of for other purposes (see alum). In addition to the ash and the elements of wood, brown coal contains a .small quantity of nitrogen (0.5 to i.^ per cent.) which haa not been lalceo into account in the following analyses. 34 BITUHINODS COAL. oxr- Biflnra Coal oodmum in 100 [Mun. Cubon. Hjrilro- Ben. pa. Niuo- ObMrv«i, Eanbjr bum Du .... 10A9 3.M 18.93 > " Bouchri 'lu RliSne «a»i 4.06 18.11 ^ Reunauli. " Ni«i)i>r>All>rn 70.02 S.M 21.77 ) Etnhy, oonEining vf ftcini from Mouzncr . 70.13 3.19 7.59 * J>ilcJtoMl .... Sfl.QU 4.73 27.18 " " fratn Ringkuhl, Hincbtorg 60^3 4.36 24.S4 " " " H«Wi;)iUW»W 5756 4.99 26.10 " Cknnd rral Rlngkuhl «6.11 4.83 tSJtl - EfUineir. " Mlliod Ut Pitcb ojmI, Habkbtawoia 54.16 4^ 26M " lowest vrui,ai Riit^lit SUMS 4.09 91.91 " middle '■ " . . 94 .06 4.01 3S.3t " StilJberger ao.78 4j03 9 US ■* UoUustUi, VtiivM William ntiue 6tt.ft7 4.84 19.87 ' " " Btiother mills 67.86 e.6s 17.46 ■ Varrantrapp. * Sch&iiingcn. mint' Trrue 63.71 sjm 22.79 " " nngtlwr pit M.SO AM 93.13 Lignite, {torn Rinslnihl Si. 70 SM 30.37 EOluMMi. " Grocon . . 01.20 fljQO 24.78 ' " COapn 03.99 4.98 90.24 ' R^nauli. " Vaweh 56.04 5.70 36.07 " LMilMob 57.38 6.03 36.10 Licbig. Tlie weight peculiar to air-dried brown coal varies within narrow Umits; thespeciuieusoflietiiieexHiuiutd b^Kc^naulthadasp.gr. from 1.100 lo 1.86; of the earthy coal 1.2M to 1.276, Kiihnert found the latter to var^- from 1.310 to 1.436, whilst lignite was 1.279. Hence, a cubic foot of brown coal would weigh 84 to 8h lbs., if the want of uniformit}' in the nature of the materials admitted of applying to a larger quantity, the weights obtained from experiments upon a small scale. The numbers found, show clearly that the variations are in- dependent of the amount of ash.'f Bituminous Coal. — Coal is very much more ahundant in the car- boniferous and secondary formations, and in more extensive deposits, than in the tertiary formations. The use of fossil fuel, which exerts so powerful an influence upon the history of modem limes, is, even in Kngland, a result of the want of wood, and by no means very an- cient ; formerly it was only known to the Chinese, according to the testimony ofAlarcoPoIo.} Even in the latterhalf of the past century, a prohibition was set upOD the consumption of coal j because, by its * In tb« pikBil-ducbjr of Hmm. blown eool hu b«ei) Ibaiid at ths Iblloiring {ilftCM; fl) in Upim HnH^, dl-nt Ljuiiprtncb oi Zell, nt Lnubai-ti (HounnbcDcJurii), ShUxbuiMD, FiHxltjcrK (Duiliciin, Btiiwrulieitii), £1j«rat)uli,Obenirlcobacli, Grunboig(Zeclu> Budorut}. (2) In tim pmvinoe S&rki>nl>iJTf;, iiL>aT SoliKenttadL t As oanhy matUii, uxule uid lutiiliDret of iron, have bi|^iM ipoeifie gi«ridia thnn ifa« otfuiie oanniuumu oi oonl, a high tpcaUlo graritjr ii, whan other tbinfs uc equal, jpriaM /lUM cvidL-noi- of iinpurit/. So we Iwtc trrcj found itj^Ait. Ed, J " In ili« m'.<utiUiIn«orC«iaj«,"u tliiadiitlnguiiLwI irnvHIer rduie*, "• kind orblnck aon« H d]i^ up, vbich, taid upon the Arc, bum* like wcod, nnti vrhcn once iKiiiied, octn< bnuva 10 burn tea a IDiik lime, ao UiuU if placed uputL ibe Itie in tb-e «v«fiiti|;, u trilt hatti dining (!»• wMe nigbi. Tbe Rume when Aift ignited ptoduuet a •luall Qami; tiko oobor ooal; it then oantinuea to glow, ud (ttes off mooh beaL" BlTOHIfVOUS COAL. S6 means, " the air became infected with smoke." A deposit of co«l is always composed of a series of layers (beds) which are separated from each other by sandstone, c!ay» or slate, and they are obseiredtovary in Dumber from 2 to 60. The thiclcness of the layers increases with the depth, and varies from | of a Hne (o several feet; so that it ia always necessary, althoueh the coal frequently appears at the surface, to work it at a conEidenible depth. AtKewcastte-upon-Tynethebed becomes sufGciently thick at a depth of 400 feet ; but is covered with such a masnve rock of sandstone, that, in some cases, all wooden 8uppor1.s are unnecessary in the workings. Near Gittersee^ in the valley of Plauen, near Dresden, there arc seven beds, between which six thin layers of soil clay intervene. The great number of the vajie- ties of mineral coal haa given rise to distinctions which are based partly upon age (locality), partly upon Appearance, and partly upon quality. In all kinds of coal, without exception, the structure ofjthe wood from which they have been formed is entirely obliterated; par- tial impressions of single parts of tbe plants alone indicate tlieir origin. They form a compact, deep brown, or quite black mass, sometima dull, but generally possess a fatty or vitreous lustre, often exhibiting a play of colors; they present a &nely granular fracture, not at aU 6brous, and are much heavier than wood, bulk for bulk; they occur more or less fitratifjod, and nearly always are fissured at right angles to the plane of stratification, in a manner similar to tiiat which is ob- served when a doughy mass becomes dry. These fissures are oflen narrower; and first appear when the coals are broken up ; but not un- frequenlly they are found open and filled with mineral substances, as iron pyrites, calcareous spar, galena, dolomite, heavy spar, gypsum, clay, and soda salts. Independent of the causes which have been adduced, and which are destructive of connection in the coal mass — stratification of different masses and clefiine, or " cleats" — and which produce the sharp, angular appearance of the fragments, the hardness and solidity of the coal are in general not very great. The fi-acturc of the shining kinds of coal is onchuldal ; of the other kinds it is even. Common coal, as it is used in grates und under boilers, is frequently accompanied by a small quantity of a kind of coal which at first sight can be distinguished from the great bulk by its color and structure, and still more by the difficulty with which it bums; this often appears in thin layers parallel with the plane of stratification, or is dissemi- nated throughout the whole mass of the vein. This so-called ^bre- coal is richer in csrhon, and is only coal somewhat more advanced in the process of decomposition than the principal mass. A more accu- rate examination proves, that fibre-coal is only an exemplification of that process which is going on in all coal. We find everywhere, and particularly in the younger deposits, that the mass is a mixture of coal, rich in carbon, with such as is comparnti*'ely poor; a mixture, there- fore, of coal in two stages of decomposition, of which the one is black, of a pitchy lustre, and conchoidal fracture, the other more dull, brawny and even. Perhaps an unequal facility of decomposition in the dif- ferent parts of the plants may he the cause of it ; bat this is contra- 36 BITtTMIKOng COAt. dieted by both stages occurriug stratified, and iu all manner of rela- tions towanls each other, from thin veins frequently alternating, to reins of several inches in thickness, and by fra^ents of these ap- pearing to be homogeneous. The knuvrjedge of this fact is of import- ance, as the applicability of the coal mainly depends upon it; besides, upon it are founded the distinguishing characters ^ven by mineralo- gtsts, although it stands in no connection with the inward properties of the coal. Compact masses of common coal, "with a pitchy luslrei are called pitch coal; more distinctly stratified kinds splitting in a horizontal direction, state coat; such as falls into very thin layers, leaf coal; and that which is dull and more mas^ve, coarse coal, &.c. Tb« 8peci5c gravity of coal is from 1.2 to 1.45. Coat fresh from the pit loses, when exposed to the air, ita extraneous moisture without part- ing with all its water, retaining, according 1o its nature, from 1 to 12 per cent.; artificially dried coal absorbs from the atmosphere hygro- scopic moisture. Coal leaves, on an average, less ash than brown coal or turf, but, in consequence of the substances contained in its fissures, more than wood, its ash is distinguished by containing no alkalies, but only alumina, silica, oxide of iron, &c. Upon this point and the specific gravity of coal,* the necessary information is contained in the following table, which is calculated for 100 parts of coal. ' For the ipMiflo gmviu^i nnd eonhy mweriaU of AmrritiM eoak, u well oa tli*ir weight in a ruLii: fool, ici a markotablo aiaic, •»« the general laUe od a aubaequeut p«sv. — Ak. Ed. BITUMINOUS COAL. 37 SpedBa Aah IJescription of Cm.1. Gravity. in 100 Puts. Otaerrers. Wylain Bonks, NctvcoacLe 1.302 13.913 Glaagov CmlAeld 1.307 1.138 Wi^n, in Lariqasluie 1.319 S.Q4a ParnX cob], £(iiii1xirg'h 1.313 14.560 Jarrow, Newcaitle 1.264 1.670 ■ RicUnrdjan. Chief EflBM of cool from GlMgow 1.2 B6 1-421 GnrEafield, NewxnallB 1.2 SO 1.393 South Ht^tlQH, Durham 1.S74 1.519 'Alois, Kochello .... 1.3S2 1.41 Rive de Gi» (P. Hetuy) 1.315 2.96 < FIcflfl from Mom 1.376 a.io u U lJt92 3.68 1 CimeDiiere, Riva de Gier U&8 3.57 IC kl 1.294 S.9& £ CnuzoEi, "... 1598 9.72 £ ■ ■4 II 1,311 9.33 £ LavBj'Bae .... ISU 0.13 1 Kpia>u: . . , . . l.Si>3 2.53 Comraentry . . , , 1,319 0.94 . It^DHlIt Blaniy ..... 1.363 3.28 Aiv« tte Giei, giatid Croix . LIBS 1.78 U II L302 1.44 J 'Anthncite, Leniiite, De-p. de 3'Is4re 1.362 4.57 5 " Mucoi . ■ 1.»19 a6jl7 3 ComrDOD cobL, OberDkirchen, Lippa-Sch. IJi79 1.0 £ . C^l, Dep. Aveyron iji&4 11.88 ■3 Nwroy, V^^eseo . . ■ ■ 1,410 lBJ!0 i St. GirtWi* . , . ■ 1.31S iM £ Sl Coloinbe .... LSOCi 0.B9 < Cr a rniiz, tipper Silesia . . . 1.3S3 5.&0 Goatle Gtiites, Louper Silesia , , 1.285 4.fiS GJQck hfiir, » " . . 1.216 0.fl Sulzboch, Duttwetler, SaaibrQckeu 1.308 0.15 Wettin, SaalkieiH Mse 34.4 ^U» and IVeua^k, Westphalia . 1£S8 0,7 Poiuchappel, Saxouf , , 1.4M 37.7 ■ Earston. EQaLgiuLouiseL, Upper Silesia . 1J280 i.a KOnigagmbe, " " . . ijass 0.9 Merchwetler, SBarbrudcen IJEBS 0.0 Fri«:hB.uf, Lower Siieeia . 1,518 S3.4 HiuiiJAnakej, Wf^alphiiUq « 1,338 0.6 Beata, Upper SilBsia 1.383 II.B BmziU - , . , . 1,4B3 28.4 , Coarse cool, piif odwitli Pitch -coal MS 30.9 Si&ic cool .... 1.24 22.7 '■'■ with Fibre coal ISO 3C.3 AnlhraciUi sort of cml . 1.37 22.3 . I^mpadiiu. SIbUi colli witb h litiLe FihH cosl . I3b 20.2 Hani Slate coal with layers or Pitch coal 1,42 24.0 S)Bie ooal with predouiinRting layera af Aothiftciie and Fibre coal 1.35 23.4 No connectioD can be traced between the amount of ash contained in coai, and it.s iiiDde of stratification, or other properties. The mode of its production indicates that the elements in wood and coal must be the same, only differing in the relative proportions of each, A mechanical admixture of iron pyrites is remarkable in all kinds of 38 BITUmSODS COAL. roal, and is exceedingly objectionable for many of its applications. In some kindii it may be seen in distinct crystals, In olhers it is so finely diKseminateU as only to be discerned by chemical means. Analysis has shown a small proportion of nitmgen in this description of coal, as in brown coal, which, under certain circumstances, is erolved as ammonia, and is of importance in the arts. Tbe more recent investigation of llegn:iult and Richardson, as veil as those of Karsten,will here Sod appropriate notice.' OiyKPn DMoription of Cotl. Cubcrfl. Hydrogen. ftnd Nilttven. Otioerven- Wylun bank*, Newautt« 74,8S3 6.IB0 6.085 ' GlB-Vow Coalfield 82.924 4.491 10.457 Wigui, LoucaBliire . 83.7S3 5,660 8.039 pRROtocal, £diti|jurgh 67.5 B7 5.405 ] 3.433 Thninni. RictuudHHi. Jsraow, Newciutle 84.84S 5.048 8.430 " Chief oo&l from Glosgnw . 8I.20R iASi 11.023 Gsresfleld, Newcaiitle, Deep B&nk 87.9i2 6.530 S.4IA South Ueiion, Duham . S0.274 5.171 3.036 ' Alftii. Dcp. ilu Oaxd 89.27 4.SA 4.47 ■ Cciilwyra, Rive d. Giet 87.83 4.1IU 4.va Rive dtK}., Grand croii, marMhal 87.45 5,14 3.63 « ■• " mffnud 87 .7S 4.86 S,91 d Fiend i>ora Mont I . 84 .«7 5.39 7.94 o " 2 . . . 8^.87 5.43 7.03 ^ Riv. d. G., Cimmi^rc, bourrat 82.04 6.87 9.12 S < ■* " tMUrde 84 .sg S-OL e.57 ., Regno ulL iX « Cnraton, " 8S.&S S.fi9 9.11 I '' " RT. niUM . 81,71 4.99 7.9S DcminTille, I>ap, Artyvm, La- ss.ia 5.27 7.48 87.1 a a.tn II.S5 CaamoBtr)', Doit. t'AlUcr 83.7 S S.S9 11.73 76.-18 5.83 lfi.Ql J d ' Anthracii^, iMmntm, Dpp. da rWre «ft77 1.67 3.09 ■ ■3 Anthnciie, from Mooot 71.4B O.W i.ts S Oh»;mkiT<-licn, Lippf.S:liiiii(nburg 89.S0 4.63 4.67 tS' C^rtil, Uep. AvKiymn . 73.36 4.74 0.02 ' Regnntt 63,28 4.35 13.17 s tkiint-fiirotit .... 78.94 5.45 17.53 J Snint'CotuiD^te .... 75.41 5.50 17.01 LMpoliUncngrubiv Uppei SUfein 73.88 9.766 'i.475 KSntgsgnibp, from " " 16.3V 3j31 14,77 • Karewn, W«lliMWeili^, S«ftr)iruclcen . 81 .» 3.:^! 14.47 SAlwr «ad Ncuak, Wostptulin 85Ji8 3.21 8.11 KACJiwrtlcr .... 80.18 0.44 2.64 Hnndwiak, Wi?«iphAli« , 06 jM M07 US •Wldi lercrance lo ibo iptcimflns Ibr axominaiion, Ricliftidsoa cluaified hit according ANTHRACITi:. 39 Although nitrogen is fauud in all kiuds of coal (1 to 3 p. c. Richard- son, Hegnaiili), yet no sucli intimate rcliition has been traced between it and the qualities of the coal, as is the case with the three othef elementary constituents. With the growing increase of carbon, (he color becomes of a darker brown until it is quite black; the Ju.Mre is raised gnidualty from that of pitch to a vitreous hue. On the con- trnry, coal with a less amount of carbon is more solid than such as contains more. The hardness (properly of being scratclied) depends upon the relative proportions of hydrogen and oxygen, and is aug- mented by an increase of (he fatter. JMhraciU. — The oldest of all kinds of fossil fuel, the anthracite, belonging to the transition furmatton, must be regarded as the last product of the decomposing process in coal, and notwithstanding its similarity in outward appearance, it distinctly differs, both in compo- sition, and by the manner in which it burns, from the other species of coal. As these ate related to brown coal, so is anthracite to common coal. In an extended sense, certain kinds of coal, as those of Lamare and Mar^T in the table, arc classed with this on account of the simi- larity in their properties; these, however, are not due to an advanced stage of the process of decay, but to the agency of heat accompany' ing the later elevations of primary rocks. Anthracite is eminently homogeneous; it is black, has a decidedly vitreous lustre, a powerful play of colors, and a conchoidal, sharp-edged fracture. Its strocture is massive. The amount of ash, composition and specific gravity of those specimens which have been examined, are given below. Ifloiliv of uuhnoiir. Speoiflc Gravity, Carbon Hydro- OxygMi and A«b. Mam* of B*"' Nilro^ra. ob»etv«r. PoBDif IvBiuB, AmOTtca 1.4S3 00.43 ^.4:i a.4S 4.ft7 WaiM. Swuwea . 1.34S 9-tAQ •i:j3 a.6S 1,&8 RoMiir, iiTRr Aii>Iji(lia(>«l!n ].31i7 B1.99 3.93 3.1« U.94 'R^ipuiulu Mnvnav, lowa tc ikp. Mirr 1.343 DI.4S 4.ia S.I3 V.3S SwansM .... 1.910 tlO.58 3.00 4.tU 1.73 ' Smlik dep. it U Snnfaa 1.7W S7.S-i 2.4B 3.30 e.9u Jaoquelin. Vizillc, dcp. lit Vltcte . 1.130 94.09 1.SA 2.85 1.0O Uhr . . I AX 94.00 1,49 3.58 4jOO Regnault found 0.37, Jacquelin 0.58 to 2.85 nitrogen. The ash consists of silica, atuminn, oxide of iron, and, accordinglo more recent obserTalions, also contains chlorides, which volatilizing during com- bustion, damage th« metallic portions of the stove or grate.* An attentive investigation into the nature of fosssil fuel cannot fall 10 iIm ptaa adopted in England (Tliointon) tnU Splinl, CbiukI, Ch«ffiy, and Caking owl; Rfunault Krrang»<l hit ai:ra(ilir)|c w ilwit nwlogictil ago; and KanMn tUlowed an anaaiPMncm af wlucb we aliall asam npoik pnttenlly. Tlie lraMrcT»c lines m Uie OOlinnM of numb^n, Mncepond wirli tlic ca|>rctiv<r itirinioni in n lilif onier, * A apMimcn of anilinu^iw duM rrom a due u'liii:4i wn oxamint>l in 1841, aURtrdrd fmoi 1 lU avoinlupotl, or 7000 RraiM; (nlpliati! oriimi^. I2.agmin«i Hilpbato ufammo. Ilia, 383.5 gminij clikitbydraUi ot ammonia, IfiO.fl grajiuj and larry maiwr, 80.4 gtain*. 40 AMERICAN COALS. in pointing out its gradual increase in carbon as compared with woody fibre, uutiTat length both hydrogen and oxygen are completely re- movLHl. This circumstance becomes still more obvious, when the amount of ash is deducted, as in the following table. DcKnpUoD of cho (ulMlnnoo. Chiboo. Hfdrogea 33.65 i/ti 60^4 5.9K Gfi»8 6.27 "HAO S.SO 16.18 t>.t* MX&O &.0S n^i 3.M Oijrgiu. Woody llbio Pont ftoia Vul>mir« . . . . I.lgniie (n»o CoIo^tm . . . i Eanhy brown ooal fram Due . Coal fratn Si. ColotnlK-, SMiwikiy " " R. H» UJM, Corbfiyr*, wal fonnniion Anthitcito. Mnyimno, tnunhioa frnmukm 49.10 33.60 27.7« 19.90 18.07 •1^0 3.19 In fact, all three ingredients hare disappeared in cert^n proportions, whilst the carbon, which is always the preponderating clement, is least aiTecled. [^-hiutrican Coala. — Of the several varieties of coal found in the United States, a tolerably correct understanding may be obtained, by consulting the following fables derived from '■*A report to ihe JVavjf Department of the Untied States on Jfmerican coals."* As the present edition of this work is principally designed for cir- culation in the United States, wc could not, perhaps, be justified in oairling to notice the results of the laborious and varied iarestigatioa of American coals undertaken by authority of the Government, and dengned to furnish practical information as well for general pur- poses of the arts as for those of steam navigation. Several analyses of each sample of coal were also made in some instances, according to the orjntnio. method, for determining the ultimate constitution of the coals. The reductive powcrti of all were tested with the oxide of lead by the method of Berthicr, and their practical usefulness in the black- smith's forge, proved by applying given quantities to the manufacture of chain cables and performing other species of smith's work. **The experiments on steam -gen prating power were performed in the Navy Yard at Washington City, The apparatus consisted of a double due cylindrical boiler, thirty feet long and three and a half feet in diameter — the flues being ten inches in diameter. A cistern whose cubic contents were carefully measured, was placed above the boiler to maintain a proper supply of water, and by which the quantity of water evaporated during each experiment was deter- mined. The boiler was furnished with two safety valves of the sim- plest form, whh the weights acting directly upon thera. These served to regulate the pressure of the steam generally, but it was measured by a manometer or mercurial guage, carefully graduated, communi- cating with the steam in the boiler, but under such circumstances as to be free from the influence of its temperature. The size of the grate awl the area of tlie heating surfaces were all completely measured. * See Senate dociunent Na 386,S&ih Congrau, Itt wmioti. AMERICA!? COALS. 4L I ■ The draft was determined by a sypUou drafl-guitge and other meaos. A register of the hammetric, thermomelrif, anil liygromelrir condi- tion of the atmosphere was constantly kept. A thermometer was so disposed as to determiae the temperature of the air as it entered the grate, after having been made, by the construction of the stacic, 1o pass entirely around the two sides of the boiler and under the asb>pit and main fire-place. Other thermometers were so placed as to deter- mine the temperature of the air and gases as they escaped into the chimney after combustion, that of the water In the supplying cistern, and thai of the steam and water in the boiler. The coals were tnea* snred and weighed in charges, tliat is, in a box containing exactly two cubic feet. Care was taken lo reduce lliem all to the si/e best adapted to their combustion. They were charged regularly, so as to keep them as nearly as possible in a uniform state on Ehe grate. During the experiment a portion of each coal was carefully dried by means of an apparatus prepared for tiiis purpose, to determine the amouni of hygronietric moisture. The rate and manner of combus- tion were carefully observed, and the ashes, clinker, &c., weighed and preserved for subsequent analysis. The soot ilepositeil on tlie sides of (he flues and other passages was also collected, weighed, and sub- mitted to a like chemical investigation. "Tbe air intended for the support of combustion entered an opening below the asb-pit, and passing thence through air chambers in a dou- ble wall on each side of the boiler, so »s to absorb the heat radiated from this body, entered the fire by a pas-iage from the back of the stack, directly under the Jlue below the boiler. After traversing the fire, the gases and other products of combustion passed under the whole length of the boiler, rehirned through it by the two interior ftues before mentioned, and communicated with one of the flues lead- ing directly to the chimney. This, however, was susceptible of being closed by a damper, in which case the gases, &c., p»ssed, by another series of flues, entirely around and outside of the boiler below the level of the water line, and then escaped into the chimney. By this latter arrangement, so perfect was the abForptioa of the heat gene- rated by the fuel, that the gases on entering the chimney were rarely more than 60° or 70" hotter than the steam in the boiler, and often the diflerence was much less. **One trial or set of observations generally occupied about twenty- four hours. It was commenced by heating the water in the boiler lo a certain temperature (usually 230°) by means of a weighed quantity of dry pine wood. During this period no steam was allowed to escape. The coal was then substituted, after withdrawing and weighing the unburni wood, and the pmce}<K rontiniied with coal alone to the end. The ashes which the required quantity of wood would give having been determined by other experiments, were deducted from the whole amount of residue left. ** The weight of coal consumed at each trial was generally from 800 to 1200 pounds. Four trials were usually made upon each sample of coal. The mode of conducting the combustion was in some re- 42 AMERICAN COALS. specta varied in the different trials, chiefly with a view of determiQing the tnfluence of such changes or modifications upon the efficiency of the material. One important modification in operation, which wfts introduced in the expenments upon almost ereir species of coal, was the introduction of fresh atmospheric air to the ^ses immediately behind the grate. This was accomplished by placing in that part of the apparatus a perforated iron plate, through which the air from the ash-pit below could pass, and which could be closed by simply draw- ineover it another perforated iron plate." The following table contains, in a condensed form, the most im- portant results of the trials of evaporative power, with some of the marked characters of each coal as derived from the experiments. It is proper to remark, that the coals assayed in these researches were eiUier such as were found in commerce, or such as had been furnished by the proprietors thereof, under a request irom the govern- ment that samples might be forwarded for trial. With a single ex- ception, noted below, they are believed to have been obtained where active and extensive mining (derations were carried on. AUEHICAN COALS. 43 •!>• JO -m\i ui iq*|M aViuoAV i I 1 •<BM JO 1 Moq cCIG MMf tuuig -|«oo aip fo jauaui 11«in4«l» JO 1 iq MUwriri i>&&oAa Ail i}^ a n A V et tq ir ci o IS ; ■• ; ^ ; SSiifstf I, — 6 A t'* — -• » ■[•OBiittiioioiiina r«a3 JO I oi Eiiui* fo ipunoj — ^<o<s r-ob ea «09S —oil- ^ d> A o & lb &e> f M>0 ab cci s o n 10 uC r> n Ci tt o) ab & >b Vi^Mn A AA ■3 5 8 ~<o f cp M >• ~B» a 8 3 S S -n « ^* S * poi |o I 01 unaii JO »|iuiuij et r- A a t^ . j; cf> qj Tib f* rfe OP ■ofliM Xp*n< '□unp moil "^ ■«o» !«» JO iqi at tqlioM i«wx ■isiiaui •!(]*) 5 0^ 6 «• _ gp ob do cj -JD * ob tio S9niooa59St*S>a nMAAnMA>& — «i — *(iii»oj«rm — * — r» * O e» «) o o M ^ — O* « M ^ J V 1} 'jawMi 0|q,ti«ui(uioa oifioioA TK» I Jam q pttimtai ■oadi jo ihj ^iqii;) -•uW 001 <n 'Mima ittUNH •Q "4 >b * * «) « + ^^ T IT* ,1,^ ¥^« ■-* V« '-- <- ^1 db EIS**^*!!—* •* ■nnd 001 n| 'uvqJW p>T\d »■* i^o- Ol n n o* ua n i6 •« 01 |vnt9ff JO ofi*!! liuuiu |$£i3SSS .3 ■ . . . SgS^-oSx I A 6 A i 6 o © • 6 • • ■ : AAoAJtA-A-* lO t- ei •* o» — R o es Zn«nA— AAA ■a lO Ml Si iQ o g M> -iitAaiJ agiaadg Zosm n M oD QD O Ofr 0> C^ O^ CO 49 o ■-• r- •? o~ — ao~ ;- in f « S m a £££&£S.££^ii i a £,f iiu-.-llil'^ AMBII1CA!7 COALI, ■miMnB|()l|ni<| ■wn t" 1 *>« <*1S 0H4I """'^ & — Aa aA iiAAAAihA6t , d> d> di on i^ l^ r> ^ ■|B0a ain jo un«ai HB^ paanpM |fI«| JO >U*i| r Me ■# I 1 A A PI ■ -[•oa JO {pot iWMJ isii«lia pw" taqvB JO a|iii> u4> ai riuui [""X rai» JO I M Binaii ja spuntf,! pn» JO qi I oi Hiaal* ja tiKiooj I K [-■ dt — ^ o OD £ o vBi o ^ , ni0 ein •& ^ ;c lO & . _, r^c r- * ■» «i ID ei 16 t^~>e ej A »~ari* f Jtn «T^ — •-^««"p^n *_T___T " " " ^ w " " I r- r^ w 1 5 T 5 ■ t- ft -ff I *• 5 e* r-ir-xr-r-r-ii-Ar-r-wi'-*^ 'r-r- r> w r- ca p> « ■« uaD» ipim Aiunp iiioi| i»4 [MMJOdaAa wia>M ji> i^ "M^O ■ » ^ T ■ I m da A I 'uori'* -Ipw in U|I0<1 aqi Souq OiptfiinuaKUJin^ ■tnitn*»S aiwJ JO lOOf MBnb* « iiu psiunif *{>an[>l»^ |«i>>X -jniaiu 91 qn -«nqunM a|na|aA 01 p>lqjoari*H en 5»ec • .______Ao —_' 6 — CI 7 ^ ei ■* * »-■ » r- trt -T 10 — m w lis so ■•■ « » a CT nisdool "I 'uoqiaa panj En 2 2 *" W M PI »« S M rt I m pajinbai ajvdt ju imi mion ■!■ « O 30 V V ^ $ .|l»dl»iq '11MJ o^no im] iqSu^ -il)A1Ulj ayinMlg » Oi « ^ r> M n 01 Z 3C ^ JC i2 e» :/- c; <n M ct ^ •e — r- ' — CI r^ I '« -fl -s . 0001 •c ic 2 ■ ? T V ' > o £ o Ol O -* n CUB •s * ■» 1) fl -K • i5 A&6 A Aoo * !«t m A w« v «b A . «i w ■x> r~ r- CT t- P ■«« — »■ ■ (Cmse I ' gt < s *■ !— on**: ££££ J_» ■ i • ■';_-^r ■■-•..■■ w = 5 c^S - £---0 - <r - - - § E ■ L • ■ • i 3-25' ^ AMERICAN COALS. ^ ^| H From this syoopsis tt is easy to perceive that no one sample of coal ^H H can lav claim to pre-eminence over all others, ^vhen we talcK into rii?w ^H B all their properties and uses; for this reason it will he proper, in ^H studvin? their relative atlaptedness. to compare them in the manner ^H presented in the following classihed view of twenty-lire varieties of ^H coal, derived from the preceding table, which may serve to indicate the ^| practical value of the several classes of coals in five different respects. ^H 1! e e ft pi 1 1 III ■ aoBk Wirnf of Mwplra u zH AlhincoB k Templcmua'i, l(XIO 1000 282 as MA SfilS ^^^H Knmbtr- L«ibt<« cuaJ in Bioie, S36 940 46t 608 266 3STT ^^^1 land, (Md-; K«it)T 4 Smitb'«, S31 903 197 8S6 3S9 2946 ^H Frea buTii- New York ttkd Md. MiJiJag Ca.*a, 914 927 tit 877 376 3003 ^H iD|, blto- N«S^a, ..... tm 906 133 877 XS8 9096 ^1 K Ar«ngM, 993 936 335 788 359 3248 ^1 t Bu*«r M«*(Iaw, dope S. 933 982 1000 783 «i7 afisi ^H AMbr«> Poreai Iropronmenl, (Schuylkill,] 9t0 966 741 790 ISO 3676 ^^^m citM gf pMeh MMol«iii,(SclHi)>lkill,} . 946 984 19S 901 143 ^^^^ Pwmjl- 9ld 644 4K4 779 IS7 S3M ^^^H ATCrig«i, . . S36 87S 5S0 79« ]&3 3M7 ^1 911 923 596 797 I6S 3396 ^1 ^ Prta ban- Quid** Hoa, .... 960 913 45S 72S 667 ^^^1 inff hibi- ■aCiMNia Bloaabarg, .... 90S 911 176 996 696 36M1 ^^^H Diaphin and Soaqa«hailliab, . 873 836 171 766 603 32M7 ^^^H coaJt dT Catnbrii Counlj, . • . 8B3 tm 172 8ffT 260 3012 ^H PeiuiiijU Ljcoaiiag Citik, ... 833 S71 1S4 706 S91 2S8& ^H ^l Tula. Atecagei, SSI 878 33a 692 481 3999 ^H 3137 ^^^1 1 Cli(«[erGcld Mining Canpauy, , 84t 7« 143 J 000 427 ^f UlfUv b»- Mi(lJiiirii>i>. n>r<Mnaiir 834 743 180 730 388 38H ^^^1 ^^ INBUBOIM iCrcck Cotnpio]!'*, . TUT 699 136 981 S»0 t&96 ^^H omI« of iCroudi A: Snciul 778 ns iia 639 431 «7t3 ^^H ^ VU^Ak. ArerasM, . . . TU 618 149 879 376 3743 ^^^1 TO3 709 I'll S44 364 S87S ^1 3196 ,^H I Pictnn, N. S., ;Ciinifd*a aaaipl*,) MI9 77fi m 837 685 ■ 792 738 97 928 ASS It 4.7 ^^ H Foreim •iiiintv, N. S., . 747 699 ?76 764 434 2SK0 ^^^H V hiniiniiwiin Livrraoo), Eo^., . , . ATeragra, 73S stis 323 S,'^7 681 ^^^M owk, 649 6iA 107 847 631 ST49 ^^ soan ^1 748 694 197 844 626 — ■ ; 1 Om*r(U Marj'lani] fr«o burning oonli, . tOOO | 1000 396 880 683 ^1 M>tl» «r ra- PeantylTaaia aiitlirAeitvt, . 977 986 1000 893 319 ^^^^^1 Itllf* *»- {Pe«i»*yl*aiiii fr«fl batDisK b«lti* ^^^^^1 SSI 938 390 1000 914 ^^^^^^1 lh>m Uitt |Virtrinia bitaminnui, . . SM 767 MS 94S 730 ^^^^^1 aver»gMof,l*oi«i|[n biiumioouf, . . &0I 741 331 MS lOOO ^^^^^H Mch el«M.I ^^^H K From the nbove annexed genera/ jrcn/e, it appears that in evariora- ^^^H H tive power under equal weigMSf the Uuinberlaod class surpasses the ^^^M anthracites by about 2.3 per cent., and under equal bulh, by 1.4 per cent. Tbey also suqiass the foreign bituminous coals 20 per cent, when we compare equal weights, autl 2G per cent, by equal bulks. In freedom from clinker, the anthracites stand pre-eminent ; in rapid production of steam, whpn once in action, the Pennsylvania bitu- minous coals are somewhat superior to a!I others, and for rapidly gtttinff up steam, the foreign bituminous coals are most effbclivp. Besides the trials of evaporative power and the various kinds of analyses already noticed,/ numerous analyses of the gases of the chimney were made during the progress of combustion, to ascertain the proportion of beat furnished to those gases, that is, which were not economized in the production of steam. A general view of the results of these trials is contained in the following table, exhibiting the per centage of volatile matter in the combustible part of several classes of coals, and the evaporative power of the same part, with the proportion which was expended respectively on the boiler and on the gases passing to the chimney. KlMloreHl. I, PeaniylTaiiiB uithn- ciwt, S. NiUnl eoka of Vip. rinln, ll &3 III 3. 'Marvland tree burning 1 Dlluiniiieua cviU, I binning bilominoai coali, 5. Cake of Virginia : ' (Midlnthiin) coal, 1 6. Poretgn hitumlnout, . ' 3 7. Virginia bttuiniiiotii, . I 6 6. ,Cuii«l I 3 S.B1 13.75 ]S.80 17.01 I7.W 31.74 39.63 39.37 iiiLuiiMiusiivK' 5 B^ EvsiHjrmlivD pnwti«ri .^ i maner in IW j S " part br wcighi oftaat. of coal 7.87 IS.W 9.94 tB.as ie.A4 8.14 i0,74 7.61 I.S4 13 9,81 6 I.Sfi 11 a.B9 9 3.81 3.1S t.«4 1 8 13 5 The relation between the steam-generating and the chain-makii power of several of those coals between wliich considerable diffei^ ences in constitution are known to exist, will be abundanlly evident from in»;pection of the following table. For reasons above stated, and on account of the sraallness of the quantity of coat used (6U lbs.), the individual samples could hardly be expected to present fewer or less important discrepancies than are to be found in the Cable. Thus between the Scotch and the Liverpool, and between the lat- ter and the New York and Maryland Mining Company's coal, this relation becomes apparent. k 8.633 8JA3 8.4SS 7j|ft AMERICAIf COALS. 47 I I Sdalm hating poictn of iifftrrmi tnlmmimut mall, at imtd im making thain <abk, tompand Kith lluirn^enttu fiimBt. ^^^K DMifuAIMB o( coalt. •1 I J •5.5 il J-3 111 w 111 ■S a 9 ago B &. * X BifijX 6.946 11 10 10 TiMa (New Voik) , . . . 8.4 IS If It 11 Liveipool ..... 7.842 II 13 13 Midlotbiui (oow ehari) 8.7ft0 '1 14 14 8.656 li 15 15 Aikinaon BtTemplemwi New Yofk and Marj-tauJ Mining Compaay . 10.«»» II 18 18 1DJ59 19 20 50 CtoocbftSoead 8.345 It 9 14 Creek Company .... 8.4)6 il 9 14 CbeeieTfiHd Mining Company . . S9»8 i« 9 14 Dauphin and Susquehannah 9.340 II fl 14 9.724 II 10 l»i Quin'A Run ..... 10.370 II 11 I7i Cannrllon (Indisini) .... 7.340 1 i s n Forka of Jennin^'t Ilun (Merylsnd) . Alidlodiioii (900 ieet aluut) S.fi84 1 it 8 8 IS IS Netf ■» Cumbcrtantl .... 9 443 I i 8 18 AlkineOD fe TcmptPTnan 10 899 1 i 8 IS Barr't Deep Kua .... 9j01% » 1 9 20 A dectded general confirmation of the relative beatingf power of the coals, as deduced from evapor&tion, is afforded by the coinparisoos in tbe second aud fiAb columns of the above table. Tbtjs — Foar nmplos, viz: iSootrh, (^nnnlton, Pictou, itod LivtT- ) puul, on nn avonaatr, 5 ( Cfourli Jk Snrjid'* Ctrrt Compnry's 1 < MitHoihiBn, {twur thnf),) C'hmni»T- > fiH<Lnnd Dniiphin anil SuRVihun. BCMin. Unln of ckaln. BaT«7.G3& 11.35 gave 8.7«9 14.00 1&4L 19j00 r«>_».>.L» ^,. ( ^>«■^■»"*'. B(.i»tii»n[. Uiiin's Bun,) fo^mapht, vu: J ,„,, jni,t|„,hi„n, (^q ^p, ^.^.j J f*" 9-308 (Netr*. Aihuiwn dt Tcmpkinftn'f., 1 ^oar aunples, vis : < Borr'ii, nml New York nntl Mary > gaTe 0.871 / land MiniiiK CMnpan)-'*, } It will be seen that three different sizes of chain were in progress of manufacture at the different periods at which these experiments were made, Tbey have, however, been all reduced to the same size by a comparison with CMnmon standard samples of coal, which were used, each on two sizes of chain. Tbe following table exhibits the principal results of the organic or uUimate anali/sit o( coah, with comparisons of heating power calculated from those analyses, and compared with results of actual evaporation. 48 AHERICAN COALR. sqi JO /SDVtSg-^ |aiti>ii|Ui>dX^dili pun I + I 1+ + h [vaiiiv^dvtiDliinaiuadxailq-iJi ■sj'ss liii f5l noucnqiuan aip UQ [ia[)u«!ie indlj Bin Aq BiqnU'BdvA m i oiqruDqiDos }a una isi ati4>[t uo^its ;sfis ^^ a naS 'nadtupXii iioqia^ ? §s 5 3 ^gS S 5E: lt«aa|tBai«lt^\^ -JCI3 pOS 3IUO!(JU3 -[lAXikkn t»t> p*ua g ST ESS S 8 ^ ^SS 5} 3§ Si •jaiiavt Ji[iiB3 -noqjoo parij 'jni(dtns A 0*IS3 *">|3fi ' AijluX 0Bi»tfg SS 2SS S 3 "d — w St Q ^ %^\ s § E^is i <■ ct c K Kudu n COMPOSITION or COAL ASBKS. 49 It appears thai, on an average, these coals expended \n evaporat- ing water from the boiler 85.35, and on the products of (heir com- bustion 14.65 per cent, of their whole heating power. Both the sum. and the number of differences between the practical and the calculated evaporative powers, affected by the positive sign, are seen in the last column to be the same as those affected by the negative sign. Dulon^'s co-efficient for the heating power crif pure carbon is 129CH) parts of water heated \° Fahr. by 1 part of carbon burned. The data furnished by the preceding table afford the means of ascertaining the proportion of its carbon volatilized in the distillation of the coTitotulibie matter in each kind of coal. The calcidations prove that of its whole carbon-constituent, the per centage volatilized was as follows: Cambria county coal 16.767 Midlothian, new shaft 29.196 New Castle 15.967 Clover Hill 16.847 Scotch Cannel 24.169 Casey-ville. Ky.* Chaunel .... 23.452 And that the average was 20.883 The identity oi results obtained in the averages of the 15th and I8th columns should seem to demonstrate that the heating power of bituminous coals is proporiionate to the carbon which they severally contain. C<?ti^pwi[iiM anrf eKuracMr ofMhafnm wnmt wrMrtw o/ .fawitaw ceoA. faJjJi«w«"ii iW WBUf* of uba* Ld ika ttmi ..... C«lm SiKe* Ui utM«, pal o*ni. AImmb* . ■ . . Oma of MMifaiWM Sun S5 i IMl llglii xuta oiaa 1*7* sTa while, sronj S.UO LOW tWAAigg. I« ajMB while tim 3031 s.» 3.0V lOJ. am rvMiat buff. 9.13 UI 031 »at AM tvfn. MM UM 7M lis f«4dUb »«) S.7S ILHC LSft litis an Ikwn. «aoa an ia> UD iw tiou. Iioo.ra a» trick Tf4. KM »J0 BJK 11.1(1 ojn MiKi 3 3 3 LJM «JD fr»r- TUD 11.00 "9 a.to IM] It would be & very erroneous idea to suppose that the combustion of woodj coal, &c., was an immediate, direct addition of atmo- 50 KFFKCT OF HEAT UPOX FUEL. Npheric oxygen to their elements; on the rontrary, the heat of the barning ponion~(i'. e., the siirtace of a log of wood), produces dry distillation of the interna! parts nearest to it, which are in uo cou* nection with the air. When these have become the outer part, tbeai they are first acted upon by oxygen. In short, it is not the wood' which we see burning, but the products of its decomposition by the agency of heat. The main points in this decomposition by mere beat" in closed vessels, {ijry distillation,) are shortly, the foUowing. FroiftJ the mometit in which the elements are forced by the heatio abapdoo their former state of equilibrium, the formation of new products is due to three causes; to the temperature, the degree of chemical affinity amongst the elements, increased by their being in the nascent slate, and to thdr volatility. This latter is Tery considerable in hydrogen and oxyi^en, but altogether wanting in carbon; there is a tendency, therefore, in these to separate and pass off in the form of gas, but che-'' mical alTniity interferes and obliges both to unilc, and form compounds partly with each other, partly together or singly with carbon. Amongst the combinations that arc possible, those of course will result, whoMj elements under the ctrcumstances, have the most powerful affinities for each other at the existing temperatiires. Hydrogen and oxygen combine in the simplest and most stable manner to form water; the excess of hydrogen, which is common to all fuel, lakes up as much carbon as the temperature admits of, forming light carburetted hydro- gen and oleftant gas, whilst at the same time the united action of the two other elements upon the carbon, gives rise to a series of ternary compounds. The simultaneous production of all tliese bodies gifted with chemical affinities at a high temperature, induces fresh activity, and products of a subsequent action are the final result. In short, the nature of the process admits of the production of such an innu- merable series of bodies bs will never be exhausted by science, nearly as many as there are mathematical combinations, binary and ternary, depending upon the temperatures. Most of these are of constant occurrence, and some are of importance, and deserve notice. A fluid is obtained in addition to the gases, the lower stratum of which is an aqueous solution of products, amongst which acetic acid is the most prominent, the upper stratum is a Huid mixture of bodies analogous to the resins and ethereal oils, and very rich in hydrogen ; it is tech- nically called tar. Pyraxylic or wood spirit, a land of alcoholic com- pound, as well as the substances discovered by Iteicheiibach.^rij^n^' picamur, creosote^ kapnomar, pHtacali, and naphthaHne, pyrogeneotts resin and oil are all constituents of this liquid. The less oxygen there is in fuel, and the more the hydrogen predo- minates, as is the case in coal, the more numerous are the products of decomposition, which this element forms with the carbon. However much the formation of products rich in carbon may be facilitated by a suitable temperature, in no case are we able with wood, still less with turf, brown or common coal, to compel the two other elements to combine with and eliminate the whole of the carbon; there always <>N THE PftODUCTlON DP CBAftCOAL. ftt I ■ I . a certain quantity of solid carbon, depending is quantity upon the degree of hfat applied. Wood, brown coal ana turf exhibit, in the charcoal which remains, their primitive form and structure, so that year-rings and cells may be distinguished in the wood charcoal^ and the kind of wood, from which it was produced, ascertained. Coal is affected diflerently, having a diflerent elementary composition. Some kinds pass during the process of decomposilion into a soA stale, a kind of fusion, so that the bubhii-s of gas uf the products of decomposition arc evolved, as it vrerc, from a paste. The carbon left by common bituminous coal is called coke; it is hlled with cavities, is more or less dense, and has no resemblance whatever to the form of the original coa). When several pieces, or when pow- dered coal is submitted to dry distillation, the pieces cake together and form one solid lump of coke. Such coal is nch in hydrogen, and. is called caking coal. Other kinds of coal are acted on in a similar manner to wood, and leave a coke of the same form without caking. When pulverized, they leave a powdery coke. This variety is called fond-roa/, and is the richest in carbon. Between the two is the sirUer eotU, or that variety in which the coke from the single pieces of coal iorms one entire mas$ without undergoing complete fusion. The natural moisture, as well as ihe oxygen present in the fuel, which during combustion produces water, frequently prevents the attainment of very high temperatures in the furnaces in cases where such is required.* For this reason, it has been the practice, from a very early period, to make use of dry distillation as a means of removing those constituents of the wood which absorb heat, or as a means of concentrating the healing power, and con^ning it to a smaller space. This is the object of cAarrifig wood, or of converting it into cftarcoalf which has since been extended to peat, brown coal, and particularly to ccal itself, in which latter case the process is called cokhig. From the series of natural kinds of fuel we thus obtain a series of arti- fida] ones, the production of which demands our particular attention. The production of charcoal and coke is in itself a separate operation, and distinct from those of which we shall treat hereafter, in which dry distillation of certain kinds of fuel is practised for obtaining tar and the gases simultaneously evolved. On the Production of Charcoal. — On examining minutely the com- bustion of wood, e.g. by igniting the lower end of a chip of wood, two distinct periods will be observed. For as soon as the flame, which blazes at first in any one part, becomes weaker and is extin- guislied, the volatile products of decomposition, which inAame in the air, are w> longer given ofT, and the process closes with Ihe faint glimmering of the rrroaining charcoal. If the chip is inserted, when the flame Is extinguished, in a narrow closed glass tube, the charcoal " Tlif InM (»u»« why lii^ imtpcmtuiM «annM be Rinined ia ■ AiraMM aiing Uid- minaui oml. k^ thai la>K<! iiMDtitiM or bMi aiw rrlMlcxpH tnlrni whilo conTcniiig ill rotatUtaaUe miiKriala from ili« *olitl into llw oloEiic Ibrtn. Tbii tow a dm ■drquatclf by Uw ndMequenl bamio( of ib« ^Uit%^K-a. En. 52 ON THE PROnUCTTOJ? OF CHARCOAL. cools without glinHDering from want of air. It is even possible com- pletely to char the chip, in the manner mentioned above, when the access of air is prevented from the beginning b}- heating the wood in a close vessel. The oripnal mode of preparing charcoal on a large scale depends upon the former principle, without entirely excluding the latter. More recent methods involve the use of capncious close vessels. 'Whatever plan may be adopted, the carbon of the wood will always remain in the greatest qtianlity, when time is allowed fot the oxygen to combine wiiTi hydrogen and form water. Kxperience has in fact proved that the slow process of charring is decidedly pre- ferable; this may be seen from Karsten's experiments, by tlie side of which we place those of Slolze and Winkler. The following were the results obtained : Specie* of wood emplojed. Vouni; cnk wood 01.1 •• •• . Yoiuig red be«cb wood Old • '■ •■ Young wLitA bvech " Old •■ - •• TontiK aider wcod Old Voung bireh wood Puphr w(iod Otd tM'ob u'cmhI . 100 y^an old binh, well preMrv«d Yoang lii^iil, P. pic«« D Ol<l « . Vounit Ar, P. abiei D ord " . . younH Mne wood, P. nrlv«n«r OW Lim(trr« wood . Ash wood Willow WODll CbttMoat-* * by B quick I pmcaat ori By ■ ilow pioceu of cbamfif. ctumng. I K»r*teu.r Sh^M.I 14.54 15.91 14.87 14.15 13.12 i3.es 1U5 1.^.30 13.03 12 JO 12. IS 14.S& 14J33 16.23 1S.39 15X9 13.75 13^0 25.60 25,71 25-87 29.1 S 25.32 S6.45 25.65 25.S5 24.70 33.10 33.25 2MX> 27.72 24'73 2aii7 25.05 34.60 26.1 24X 23.8 24.4 83,S 24.4 93:4 SI.S 23.7 22.8 22,1 fi2J3 tVlnklof.t 22.B 17.8 ]7.« 17.7 17.« 20.1 ir>.« 1».4 ISjO Winkler enclosed his specimens In crucibles surrounded with «a»» dust, and quickly heated thara to redness. As a general result, thV' woods gave nearly a like amount of charcoal; and when the process was too rapid, only half the quantity. PrfpaTotitms of Charcoal under a movable coverine. hi heaps or mounds. — The method in question is essentially nothing more than * Mt. Bull obMinnd ihn Minn tphiIu wiih nir.druid Anifrican woods, niunely Tioin 10 io25 ]jwf cwiU by i|[niiiii|t in criiciUci nnKulnf pk-cci mrruundod witbobiuoaal powdm (See ()■« abovp ulito or liis re«iilt«, paye 24.) t The woc¥l iiM<d hj Knr>ii-ii w»» dii*d in th« ur, thai by SioLw 100° (= 213° F.) wU tbal \ff WinUci in ■ djy ruum. » rKKrA&ATiorr or charcoal. 53 the combuslioD of a mass of wood under a moTftble covering, wbicb enables the burner lo regulate the admission of air and prevent anj loss of charcoal bf the action of its oxygen. The chief obfaacles lo a proper repilarion of the process, and to a good result, are moisture and wet ; the current of air is rendered irregular by sudden cooling, and by much wind. A dry spot is cleared at the proper season of the year, which is during the summer months, sheltered from the wind [by a decliritj or a wood); it must not be at too great a distance from the place where the wood is felled, that the expense of carriage may not be great. To malce quite sure, and particularly if there 15 cause lo dis- trust the dr;|-ness of the locality, it is well to cover the ground itself, or, after having first made a litter of shingles, planks or billets, wi ih a layer of charcoal powder several inches in thickness. The construc- tion of the heap is begun at the centre by erecting a stake as an axis, from which the lic»p is aAcrwards s«'t on fire. This is either a strong poft, around which the logs are arranged concentrically, taking the precaution to leave a free channel at the bottom from the stake to the peripher)*, that burning coals may be introduced, or three perpen- diculaj logs are connected together with twigs, so as to leave a kind of open chimney. Whichever plan is adopted, the ignition always begins from the lower part of the stake. £asUy combustible pieces, t. e. partially charred wood from a former process, are placed round the stake, and round these the Jogs, which must be as nearly as possible of the same length, and so arranged oae above the other in the form of a ring as to leave as smalt a space between them as possible. For this reason, all the split logs must bare their diarp edges towards the slake, and ilie burk side outermost ; all spaces occasioned by crocked wood must be carefully 611ed up with small wood, &c. The more slanting the logs are placed, the more kxwely they will lie together, and etce versa; on that account the ex- ternal surface of the mound is made as steep as is consistent with the durability and the attachment of its external covering. It is also quite evident that many spaces must be left when the logs, as Is sometimes the case, are laid horizontally and iu a radiating manner round the stake in one or more concentric rings, because there will be too great a divergence amongst (he outer toaa of the logs forming the inner rings. A combination of both forms is practically the best, (Fig. 1,) and is consirucied at first by making, round the stake, a steep and narrow mound, as a nucleus, and ranging the logs round this in the form of a ring pressing tightly the nucleus, so that its inclination determines the inclination of the whole heap. If all the logs be of the same length, tlie upper horizontal logs must approach nearer to each trther, in proportion to the lessening diameter of the nucleus: thua the external surface becomes surrounded with a series of small steps, which serve a very useful piir|>ost; in supporting the covering. In all cases the upper part of the heap is covered with odd pieces of wood, bUltts, &c., until it assumes a rounded appearance. This coTering S4 PRBPARATldlt OP CHARCOAL. is called the cap^ the middle part of the heap, TChere in standing mounds the layers are rhanget) in position, ts called the border^ or the bnattf the base is called the /oof. Fig. I. The size of the mound depemls ujxni circumstances, but must not exceed those dimensioiis which admit of a good regulation of the heat j heaps are seen of 10 feet in diameter, ana eren less, and they may extend to 20^ 40, even €0 feet. It is obvious that the advantage of being less subject to cool is in favor of a large mound, as the surface is small compared with the space it occupies. Considered as hemi- spheres, the surfaces of mounds of 30 11. and 60 fl. in diameter, will be the ^th and i^gth of their cubical contents, therefore, in the greater one, only half the relative superficies. The heap must now, after having been ievdled, i. e., all the interstices filled up with small wood, be pn>< tected fromtbe air andprovidedwithacofenTi^. Moist charcoal powder is best suited for this purpose, as it packs easily anil closely together. Sand and earth are not so good; any of these, howercr, would fall into the interstices of the heap, if it were not first covered with a layer of turf, the earthy side outermost, with leaves, or even, in cases of neces- sity, with moss. This first covering, however, does not extend to the bottom, but is supported at a few inches from the foot by t^vigs, which are held by forks in the form of a ring against the heap, and are called its armor. The open part at the foot is left for the escape of aqueous vapor which is formed in the beginning; any opening in the cap, in the direction of the draught, would kindle the mound to en injurious extent. On the contrary, the covering, which is from 3 to 5 inches thick at the sides, is made thicker on the top. When th? second covering of charcoal powder or sand has been made and pressed down, which is sometimes dune at a later period, the whole is then set on fire; red hot coals are conveyed by means of the channel at theiixit PREPARATION OP CHARCOAL. 65 » of the heap, or, on (he other plan, from the top, to the stake, and the half-burnt pieces and chips about it are ignitea as qiiickly as possible. When this is done, and the opening again closed up, the first period begins, namely, that in which moisture is expelled from the wood. This is called the sweating process. The most diligent attention is necessary, at this period, to prevent the heap being destroyed by explosion Trom a too rapiil evolution of vapor. The duration of the sweating process is easily ascertained by the nature of the smoke, which passes up in a yrllowish-gray cloud, and a portion of its rapors condense in the covering, causing it to become quite moist. As soon as the nature of Ine smoke changes, becoming gray and lighter, the open part below the armor is covered, and the second penod of the process commences. But the state of the heap now needs repairs of an important kind ; the wood of the stake has been gradually consumed, and cavities have !>cen left ; thene cause a sinking in and falling together, whii-h, pro- ducing larger inequalities, damage the corering and leave apertures for air to enter. By quickly removing the covering, the cap is left bare for a moment, and the wood in the neighborhood of the stake is broken up, and forced together by a long pole, the empty space tilled up with fresh logs {filing), and the covering immediately replaced and stamped down. The combustion of a small portion promotes the dry distillation of the remaiDder, and the charring, property so called, commences. The heap is now left to itself for several days, care being taken that openings are made at ihe foot, to allow the vapon of tar to pass out, and (o supply the necessary amount of air, which, however, is partially effected by the porosity of the covering. The circumference of the heap now visibly diminishes, and attention must be paid to see whether this diminution is greater in some places than in others, or whether it presents a general want of uniformity. If such is the case, the charring has taken place chieAy in those parts, and a change of direction can be given to the process by incrcasii^ the ihiricness of covering in those parts, or making holes exactly opposite to them, which conduct tlu* draught from them to other parts. With this process the labor of the charcoal burner would cease, if certain parts of the heap did not require additional care. For it is impossible to keep up the fire immediately below the covers tog, the wood in those parts is too much cooled, and the condensed vapors which colkct there, resist the progress of the combustion. It is, therefore, necessary- before the process is completed, (at a time wbea the M'ood in the interior is completely charred,) to carry the combustion to the very outside of the heap, by an increased access of air. For this purpose, a second series of holes is quickly made io the breast, parallel with tho.se in the foot, but at CTeater distances from each other. It is not necessary to make these holes higher up, as the draught naturally ascends inio the cap. After a short time, the thick black smoke which at first ascends from these middle holes assumes the farm of a thin blue cloud, the openings are then immediately 56 closed, and fresh ones made about two feet lower down» when the same pbfjpomeiia occur a second time. Very large heaps require a third scnes of boles, until close upon the lowest openings, fire par- tially issues forth instead of smoke. When this occurs simultaneously all round, Uie process is known to be successful. Wherever llamea break out, they are imraodiatelj- extinguished by moist charcoal pow- der, and in those places where ibeydo not quickly appear, fresh holes are made to facilitate their production, until at lengtb the whole heap is under corer, and the process complete. The general appearance of the heap gives some clue as to the nature of the result ; alihouffh in every cose a great contraction haa taken place, with careful management this is exceedingly uniformt whilst an inclined position, bulging and the likt% prove a want of care. To break up the uholf heap before it had cooled, would cause it to ignite and destroy the charcoal ; and to wait until it had completely cooleil, would involve a loss of lime; the logs of charcoal are, therefore, drawn out separately. The burner lays bare an opening of tolerable size at the foot of the mass, draws out by means of a hook as much charcoal as time will permit before the air acts too strongly upon the opening, and then immediately closes it again ; this is repeated round the whole mass, and the red hot char-* coat which is drawn out, is extinguished by Imbedding it in sand, charcoal powder, or by water ; this operation is best performed at night, when the sliglitcst .spark is visihie. The lime required for charring varies with the size of the heap, from six to fourteen days ; but four weeks are required when the diameter is thirty feet or more. Another method of preparing charcoal, dilTering from the preceding in the mode of nrrangement and management, but not in principle, is practised in some countries ; t. e. in Wienorwald, it is e-alled car- bonization in heaps or piles (Haufenverkohlung). The wood is arranged in the form of a narrow, lengthened W£dge, (!''>£• ^) the FIf.t. breadth of which is occupied by the blocks, nnd its length is generally from twenty to thirty feet. The thick end, which is likewise the hindermost as regards the course of the process, attains the height of seven to nine feel, the front thin eriii only two. Independent of the diminishing thickness (height) of the heap, the gentle slope of the spot gives it an inclination towards the front, so that the foot slopes upwards towards the back : what has already been said with reference toposi- RCHAitES trpoiv ne&P9 ahd Morifos. W lion and covering, applies also in this case. The erection is com menced by driving posts all round the measured quadrangle, which in breadth and length must exceed that of the future pile ; these posts must he highf r toscards the back, and correspond in every respect ■with the height of the pile. Having arranged the unhewn logs, eight feet in length, crosswnysupon a floor consisting of long poles placed Vngth- ways, and thus formed the pile, a space six inches wide is left between the posts and the sides of the logs. This is for the reception of the covering, which otherwise could not be attached to the perpendicular sidea. Boards, shingles or other flat pieces of wood are set up inclining on the inside against the posts, and wet charcoal powder is stamped between these and the logs, until the whole side is covered. The thicker end generally terminates in a flat arch which sufficiently supports the cover- ing without boards. When all the intersliceii have been tilled up, the roof-shaped surface is supplied with a triple covering of twigs, leaves, and lairtly of charcoal powder. On the two long sides a number of holes are previously made in the planks (not in the covering), and a larger one of the same kind in the front for the introduction of small wood for igniting, which is accomplished by thrusting red hot coals between the poles and the pile. When the fire has caught, which is Men by the smoke, the hole is closed up immediately ; about flAeen inches from (he grouud, other holes 3 or 4 inches in diiimeter, are made in the IKint. The portion of the pile between these now begins (o draw, whilst the adjoining part (higher np and thicker) is in the fomenting stage. If blue smoke is emitted from the openings, and the process is drawing toaclose,the open spaces are closed, and fresh ones made at an increased height from the ground, and so on through- out the whole pile. In order to draw the fire down to ihc bottom, which is more diflScult on account of the cooling and humidity, a few spaces are made immediately above the ground in that pari, which is njready nearly charred. When the process is advanced to about the distance of the length of the logs, the first portions of charcoal are drawn out. It is sometimes thought preferable to split the logs, and to place them longitudinally in a parallel direction with the sides of the pile, by which arrangement the carbonization is more easily difiused, and fewer openings are required. The preference given to charcoal prepared in thi£ manner is not without foundation, as the charcoal is here drawn out as soon as it is perfectly charred. Central Remarks upon Heaps and Mounds. — The process of charring wood, which has been known for two thousand years," belongs un- doubtedly to that numerous class of inventions, which the correct practical discernment of former times has left little to modem theory to supply, beyond the rational explanation. Simple and ingenious as the process is, it has not been modified by any essential improvement. It is impossible to imagine a spot, where wood is felled, or lo which it is brought by flooding, or by wooden sledges, which does not ofTer the simple requisites for the erection of a coaling heap; and this cir- * It i» ilMcritwd by Tbeop. Eto•lu^ wlko lirod 300 j-ntra A. C, and by Ftinr. 58 REHARKS ITPOK nCAPS AVU MOPNDS. cumstance is of imporlance, as the cost of carriage upon wood so far exceeds that ni>on rharroal. Moreover, as has already been remarked, wood diminishes in bulV during charring, as much as from 20 to 25 p. c, so that a heap comprising 36O0 C. F., on being charred, be- comes 2250 C. F., and a space or hollow of 750 C. r ., would be leflf into which the air baring access would destroy and waste a por- tion of the wood. But this cavity is not actually produced, because the flexible covering gives with (he wood and obviates auy injury from such a cause. No arrangement could so surely, eifecttiatly, and easily regulate the access of air, upon which the main point in the operation depends, as the movable covering. Each thrust of the pole is like opening a stop-cock, each shovvl full of earth like closing another. Lastly, the fire can be hmught to act upon nil parts of the mass of wood, however extensive it may be, from the peculiar nature of the procedure. The object of (he charcoal burner, is to char by dry distillation the great portion of the wood at the expense of the smaller portion, which, in being consumed, allbrds him the requisite heat. A certain portion of the contents of the heap must be consi- dered as the necessary fuel with which the burner effects his purpose. 'Whilst the admitted air partially consumes the one log, (he adjoining one is exposed to the heat which it evolves, undergoes dry distillation, and is itself iiHerwards, tor a short Itme, expo!>ed to the action of atmospheric oxygen. The ability of the workman consists in observ- ing accurately the time when the air should be prevented having access to (he wood, and the neighboring parts are undergoing spon- taneous decomposition. This part of the operation is very much facilitated by forcing the vapors, contrary to (heir natural course, to take a downward, instead of an upward direction, and this retards the process, whilst it enables the workman clearly to discern what changes are taking place, and at the same time affords him leisure for taking the necessary precautions. Lastly, it is worthy of notice, that the fire beginning in the middle of the heap, gradually proceeds to the circumference, and thus the nucleus of the heap, which is the first to be completely charred, is protected by an enclosure of burning wood impermeable to air, from the destructive inlluencc of oxygen. As a great drawback to these positive advantages, there is one imperfection equally indisputable, which has given rise to a number of propositions for improving the process ; it is the actual loss of all available second- ary products, namely tar and pyroligneous acid. The sale of these is rer}' much dependent upon the nature of the country, and is often ex* ceediogly small, and yet various methods have been tried, though not always with success, for collecting them. Collecting these products from the mound generally does more damage than they are worth. Some have proposed to form the covering of slaked lime, in order at all events (o preserve the acetic acid as acetate of lime ; others, that it should consist of portable huniles covered with clay, which being supplied with tubes, might carrjr otTthe vapors to condensing vessels. This, however, would oe robbing (he covering of its most useful quality, t. e. its flexibility. The long masses or piles are better suited CHARRIItQ Iir rVKITACES. 0» for cnndenMng arrangements, and the best proposilioo is, to place i tube in the coaling at the thicter eml which shall conduct the vapors to a vessel containing water. When it is not necessary that the spot chosen for the heap should be changed, and follow the course of the woodman, where the wood, as in mountainous districts, can always be brou^t to the same spot by sledges or otherwise ; then the base of the heap may be built in the form ola 6at funnel, the lowest part of which, the middle, is connccled with a channel leading to a pit at the side, in which tar and pvroligneous acid may be collected. (.'haning in Fumactt. — The endeavor to obtain all the products simullaneoiisly, and the hope of a greater amount of charcoal, probably first led to the substitution of fixed apparatus, eitherof bnclcM-orkorof iron chartoal JvtrH<K«$t\n place of the covered heaps. Some are cal- culated, as were the heaps, to produce the temperature necessary for charring, by the combustion, with little access of air, of a portion of the wood enclosed within them ; they are furnaces, the sides of which form a Axed covering for the heap. In others, that portion of the wood destined to produce the heat, is entirely separated from that to be charred ; the latter is placed inside, the former outside, the furnace. A correct view of the matter has proved, that the gases and vapors evolved from a block of wood, in as much as they are the products of dry distillation, and unconsumed, are actually themselves fuel, all of which is unavoidably lost in the heaps; wlien these, therefore, are evolved plentifully, the operation should be brought to a close as qaicklr as posnble. In the furnace represented at Fig, 3, the air has access tbroogh the btirs. It is filled by the aperture a, and aAer* ' ' wards by 6, in the arch, l the chaixoal is drawn out only at 0. All the openings are bricked up during the operntion. i ^^^^^^^^^^^ ■_. By means of a tightly ^^^^^^t^^^ \ Stting door to the ash pit, the draught ts regu- lated. The air is al- lowed access until the walls of the furnace have attained a beat sulBcient to complete the carbooiKatioo, the '^ ^^^^^^^^^^^^^^H -^-SL doors are then com* pleteiy closed, and earth thrown against them, when thick smoky vapors of tar make their appearance. In Russia, Sweden, and according to Kavanko, in China, carboni- zation is usually effected in pits, the sides of which are made to form the furnace. The pit ia usually situated on the side of a hill, and ta X i 60 PRODUCTION OP TAR. tbe fihapc of an inverted cone ; at Ihe side is a tar \'cssel, which ia] conaected with the aoW of the furnace I)}' aii iticlined tube. The top of the pit, after having filled it with finely clcA wcxxl, is closed with a common covering of earth, tlirough holes in which a draught is produced. The furnace proposed by de la Chabeaussiere is nothiog more than a carefully constructed pit, which iaworlced upon the same principles, and which, liLe the preceding, is more adapted for the producuon of tar than of charcoal. The ibrm being the same, a drausht is produced from below by means of a number of channels, which pass down the sides of the Airnace, and open at the sides above the sole. The whole is covered above by an iron hood, in such s maDoer, that the conducting pipe for the tar opens a few inches below it. In consequence of too much cooling, a quantity of wood remains hut only half charred. The furnaces in which carbonization is conducted by means of af\ series of holes (space holes) made in the wall, are different from the above. They contain from 7 to 8 stacks (Sleeken)* of wood, ar« made quadrangular, that the wood may be more closely packed, aiKl are slightly arched at the top. The lowest series of holes is on the same level with the sole, the next 18 inches higher, and the remainder at distances of 3 feet from each other. When the wood is introduced| and it must be packed as closely together as possible, a channel is made above the sole, corresponding with the door, which is the means of getting at it, and by which the whole Is ignited. By a pipe from the upper part of the furnace, the vapors are carried ofT. Distinct apertures are adapted for charging the furnace, and drawing out the charcoal. When the process nas begun in the furnace, and a certain temperature has been attained, the space holes are closedi one after the other, with clay pings as the process progresses, and when it is nearly finished, the whole furaace is covered with clay. The charcoal must not be taken out until the furnace is completely cold; for before that occurs, and it requires two or three weeks to cool, the air on entering would consume a large proportion of the red hot charcoal. The second kind of furnace, which is heated by fire from without, admits of all the products being completely collected, an advantage which is only counterbalanced by the necessity of em- ploying small quantities of wood at a time; for it is clear, that the bad conducting power of wood and charcoal must oSer an insur- mountable obstacle to the penetration of heat from without, into the interior of a larger furnace, and that its full action cannot there be exerted. The Production of Tar. — This kind of iiirnace is exceedingly ap- propriate, when charcoal is not the chief product required, but when the object in view is the production of tar. Coniferous woods have been found to produce the largest amount of tar, on account of the highly hydrogeuized resins, and the turjientine with which they are * Say 8 to 0 cordi the Stocken, oc Black, Eieft.bxflrt.by3}ft Thrse being Pn» nan ffwt, the stack wiU oocmpood to 137^7 cubic feet Englith at 1.07 cord of wood.^ Ak.£». PSODOCTION or TAR. ei impregitated ; Ibow parts which contain the* roost resin are, therefore^ chosen. The tar, or pitch furnaces, which are generally const nicted of clay on the spot in the forest, consist of two hollow arched cylinders, one withio the other ; the inner one, destined to receive the resinous logs, extends with the aperture iu its dome somewhat beyond the outer one, which, leaving' an annular space of a few inches, rises close up to the dome. The space between both is appropriated to the fire, to support which, a few holes are left. The sole of the inner space deepens in the shape of a funnel, and ends in a tube, leading through the intermediate space and the external cylinder (o the tar cistern. ^Vhen the furnace is charged with wood, the aperture is closed and 6re is made in the annular space as long as tar distils orer below. The thick Huid swimming uppermost in the condensing ves- sels, which a( first is yellowish brown and at last blackish brown, is the tar, a solution of pyrogenous resin in volatile oils aud acetic acid. If it is separated from the lower watery layer, and distilled by itself, a mixture of these latter is obtained, pine*tar oil, and the resins remain as ship's tar, or jritch. According to Stoize, the folia- ceous woods produce from 9 to 10, the coniferous woods 1') to 14 per cent, of tar. A very f;ood arrangement for obtaining both charcoal and tar is shown in Fig. 4. l^e space in which the wood is to Fig. 4. .^ Tzszn^v^^r^jr. be cbarred, is an iron box, (walled spaces require too much fuel to heat them,) that will contain one, or at most, two cords; it is placed over a grate in such a manner that the llame shall pass in a spiral manner round the sides and then pass up the chimney ; 6 is the door for filling; the tube c carries oil' all the volatile products, first through the cooler d, whence the condensed products are con- veyed to The receiver by the tube e, whilst by another Lube y the gaseii pass to their destination, the fire-hearth. When the fire pro- duced by the combustion of twigs at g has raised the box to a red heat, the first vapors which appear carry with them combustible gases; a« soon as these appear in increaied quantity, the cock at v 62 PRODtCX IK CHARCOAL. is opened, and thej are admitted to the fire, which they oov entirely support without any stoking. After abont sixteen hours, the fire ii extinguished by shutting o^ the gfises, the whole is allowed to cool, and the charcoal taken out. It has already been mentioned, that fiimaces, tike the one here described, when compared with heaps, can only char small quantities at once; trials have been made to overcome this difficulty by constructing larger boxes, and supplying them with healing pipes, so that the heat might be applied not only at the surface, but to many par1» in the centre. If the beating is conducted in 8\ich a manner that the flame contains little or no excess of oxygen, the pipes may tbea be dispensed with, ami at the aant time a savine of fli^l efiecled, inasmuch as the oxygen is almyi excluded. The construction of the furnaces iotrodueed by SchwaitC into Sweden, is founded upon this principle; they arc lai^, claae^ walled spaces, into which on the one side, the hot gases (name) art introduced from a hearth buUt for the purpose;, and from the other issues the tar-pipe. The thinnest and most combustible logs are placed in this, as in the other furnaces, at the bottom, where the charring is effected with the greatest diflicalty. The expectations imised by this arrangement^ as compared with the mounds, have not been realized in practice. It will be found more economical to sub* stitute for the flame expressly prepared for the purpose, that which issues in a useless manner from some furnace employed for other objects ; and this has actually been done in some places. Thus, the flame from iron smelting fiirnaces has been employed with success for the purpose of carbonization in furnaces, several of which may be placed round the mouth of the iron furnace. Supposing them all to be 611ed with wood, the flame is conducted through a sliding door into the first, until the heat is sufficient to complete the charring ; its door is then closed, and the flame is conducted to the next, and so on. Before the last is completely charred, the first h&j lo the mean lime been recharged. Thr. Produce.. — The produce in charcoal is apparently, nt first sight, very variable. The experiments undertakeo on a large scale by Junker, at the instigation of Berthier, at the smelting works in Plauen, are, of all others, calculated to adbrd trustworthy results. The following woods, all thirty-two years old, were first weighed, and then charred m similar heaps of 5 klafters* each. The weight of the char- coal was ascertiiiuetl immediately ufler its preparation, before it bad bad lime to absorb aqueous vapor. Unfortunately, however, (he quan- tity of water in the wood was not previously ascertained. The follow* iug results were obtained: * KtaAer, tti« Bavnika wna fiir Sleclun, ^4n. bfflA.3iA. PBODUCE IN CHARCOAL, 6t I I k Bpctirt at wiHIil. CliB renal. Riitf.rkarrn1 WVOll. [loi oeDL p«T WDi Gre*n ta<l bc«ch, ml ia May, IS33 . 1&,1 0.9 Pnlral " « « ... 33.0 0.3 Dry " MAd oak, 3 jtAt* oM a-i.u 0.3 Dry Okk, 3 yvnn old, pmlml 25.7 0.34 CiMD mk, cut ii) >tiiy, 1833 M.4 0.3 pr»l«l - ... 31.3 " tnipFatrri " ... 18.8 \J0 Eqiml pBKi of nniwnkd rad bMvfa H»l o«k, out Jan., ]83i, adJ c«rtx>niMil in Au«u«lt 1&31 33.4 0.S Ct««n tnl U-rcJi, unpoleii, charred immedialeljr . 12.9 D.3 Bbmn c«k, iiDincdiaivlj clnnvd 13.5 0/4 The first fire experiments were made in August, and consequently at a Tarorable senson ; the last five in Januuv, when the weather is uorarorable. The mean produce of all tog^er, is 20 per cent. ; fur- naces produce 23 to 27 per cent, of the wood used. But in order to draw a fair comparison, Jth must be added to the whole quantity of wood, as that Ls about the quantity required for heating the furnaces, so that the 27 parts of charcoal are the produce of 120 parts of wood, or 22 per cent, of the wood, being not much more than the aTerage quantity produced in mounds. On the other hand, expenses must be incurred far the erection and repair of the furnaces, which very much exceed what is required for attendance on the mounds. "Without re- ference to the dilTeieut methods described, amongst which none de- serves decided preference, it cannot be denied that they all produce no more than |ths of the whole amount of carbon contained in the wood, so that there can be no doubt as to the deficiency of all the processes. The wood, in the state in which it is employed, contains 20 per cent, of hygroscopic moisture, 40 per cent, of hydrogen and oxygen, and 40 per cent, of carbon. This is consumed during the process, partly, 1, to evaporate the water formed with that already in (he wood ; 2, to form, with portions of the other elements, tar and pyioligneous acid, &c. ; 3, to evaporate these ; 4, to produce a red heat throughout the mass of charcoal; and 5, to supply the constant loss of heat : that which remains after a supply has been furnished for these diflerent objects, is the whole produce in charcoal. If we sup- pose tha whole hydrogen united with oxygen, without taking up any carbon, we shall have 40 -f 20 = 60 per cent, of water to eTaporate ; tbb, as will be shown below, will require 5J per cent, of charcoal ; of the remaining 34..') per cent., 0.6 will be consumed in bringing the whole to a red heat, and from 1 to 2 per cent, will necessarily be use- lessly burnt. Any method by which we could obtain the remaining 32 per cent, of charcoal, must force the hydrogen to unite entirely with oxygen, without exerting any adinily for carbon; and as this would be contrary to the lawsof chemical combination, science affords us no hope of ever attaining it. According lo Stolze's experiments, (be carnan contained in the tar and acetic acid amounts to 11 per k m 64 'WEIGHT OF THE CHJIRCOAL— CHARBON JlOtJX. cent, of that contttiiied m the wood. Stateia«als, Hke those of Ka- Tanlco, according to which ihc Chinese obtBJn from 30 to 35 per cent. of charcoal from fresh wood, or the entire amount of carbon, are absurd. Weight of the Charcoal. — The charcoal obtained from different kinds of wood is not pure carbon ; for by heating it a second time, a residue of volatile roiitters, amounting to 7 per cent., may be driven off". Besides this, it differs in other respects; that from the soft woods is much more porous than hard wood charcoal ; i. e., 1 cubic foot of soft wood charcoal weighs considerably less than a cubic foot of that Dom hard wood ; a circumstance that materially affects smelting pro- cesses. According to Hassenfratz, who has made the most accurate experiments, the specific granties of different kinds of charcoal are the following; alder 0.134, birch 0.203. while beech 0.183, oak 0.155, red beech 0,187, red fir 0.176, lime 1.06, A correct notion of the weight of a given mass 4* charcoal, and the relative weights of differ- ent uiads could be obtained, if, in being heaped uptogether, it didnot leave innumerable spaces, the amount oi which cannot be determined. The following statements are the mean of a great number of observa- tions made upon a large scale, interstices included: 1 cubic foot of beech-wood charcoal (split wood) weighs from 8 to 9 Ihs. ; the same wood charcoal (brusliwood) 7 to 7.5; charcoal of split oak wood 7 to 8 lbs. ; of brushwood 6 to 6.5 ; of the softer kinds of wood 4.5 to 5.5 lbs. ; pine wood 5,5 to 7 lbs. One property of wood-charcoal is very remarkable, and deserves notice, viz., its property of con- densing gases ; charcoal will often condense 90 times its volume of amnioniacal gas, and 10 times its volume of the permanent gases, nitrogen, oxj-gcn, &c. Fresh charcoal exposed to the air quickly loses its easy indammabillty ; it gains, however, indisputably In heat- ing power, on which account seasoned charcoal is always preferred in the arts. The cause of this factis not known; it cannot be explained by the absorption of water and air alone. Common charcoal gains 5.7 and 8, and exposed for a longer time, from 10 to 20 per cent, of its original weight. Of Chtirbon Rotti {Rothkohle). — If has already been stated, in other word-s, that the object of charring wood is to increase the amount of combustible matter per volume. Thus, a cubic foot of beech wood ss 20 lbs,, contains, after the abstraction of its hydrogen and oxygen, nearly 9 lbs. of combustible matter; a cubic foot of beech charcoal, on the contrary, contains nothing else, and weighs 12 lbs. We have, therefore, increased its combustible matter ^ per cubic foot, and yet it is by DO means asserted (hat the carbontzalion must be completed, as is the case in charcoal from heaps, in order to obtain the desired result. Berlhier pointed out this fact some years back, and it has now been proved in a series of interesting experiments by Sauvages. He charrea in the same furnace, one after the other, 5 equal parts of air-dried wood, and interrupted the process each time at a different intenal, in order to examine the products of the various degrees of CaABBON BOCX. «6 earboQUEatioD as to their loss of weight awl buUi, and their amount of combustible matter. Ue found that : 100 lb*, wood «b«**l fiir 3bo«» ibOBB. SWinL d) boanjQt boars, MouimI flbaroiml. ■ki UK) a F. I Bred 86 CF. 76 C F. I •17 11m. wcv. 41.5 lbs. MC. F. 90.1 lb). »C.F. 17JIUM. 33 CF. luUjj they coatained of combastible matter: C.F. w(»d ' " Aiund (luring 3 boun •an a a ^ H U H H ■ U 11 " " - " 6| " " mound clmoOKl 909 p«m tv waaght. 885 • ■ B04 " ■ 1133 " ■ 10«1 " * 1136 " • I0S9 " *• ^K ■ It is evident, Irom this table, that the amount of combustible matter ^ IB equal volumes of charred wood, does not increase even after ex- poture to heat for 6^ hours, that a continuation of the heat occasions aa abaolule lo.s.s, and that it must be advantageoiis to stop the process bHbre the formation of mound charcoal is effected, a practice vrhich is already becoming general. Wood of this kind, not completely charred, but only to (hat point when it contains the maximum quan- tity of combustible matter per volume, is called rtd charcoal (charbon roux). In France sod Bel^um, where this new kind of charcoal is in use, it is prepared by a kind of heap carbortizatioii, which does not entirely depend upon the same principle, llie heap is more in the ifaape of a pile, lengthened out, and erected over a channel formed in the ground and covered with iron slabs. The heated gases of a fire, situated at one end, are forced by the motion of a ventilator to paas along the channel, and from thence through a crevice or longitudinal dit, extending the whole length of the iron slab, to permeate the whole mass of the wood, which, thus heated, undergoes dry distillation. On the outside, the heap is covered with a layer of earth, through which the gases are allowed to escape at those parts (o which it is desirable to direct the heal, whilst all is covered up, where the opposite object is to be gained. The operation is, therefore, regulated in the same manner as iu the mounds with movable coverings. Ex|>erieoce and practice must teach the workman how to apply the principle of mound carbonization to the furnace charnog of Schwartz, «o as io obtain the greatest possible uniformity in the product. The introduction of red charcoal into a country is of importance, a.« it cfTect.*; a great saving ia tke consumption of wood, the scardty of which is always on the iacreue. The greatest difficulty attendant upon the practical em- ployment of (his charcoal, is that of obtaining it perfectly unifurm in chemical composition, as upon this point its action depends. If this is variable, the fnmace man must remain in total ignorance of the right quantity of fuel to be used. 66 rRCPARATION OF PEAT CHARCOAL— UBE OF FCRnACBS. [At the iron works at West Stockbridge, Mass., a part of the char- coal is prepared in ovens holding tacu 60 cords of wood. Their dimensions are 36 feet long, 12 feet wide and l8 to 20 feet high. This qunnlity of wood yields 3&CK) bushels of red charcoal, which, cotDputed oa the Winchester bushel of 2150 cubic inches, give the bulk of charcoal 67 per cent, that of the wood employed.] Of the Preparation of Peat Charcoal. — The charring of peat b very much facilitated bylwo circumstances. The rectangular form of th peat bri{:ks admits of their being piled up together without leaving tho5i<^ interMiccH, which is such a great objection in the wood mouDci, and the lesser combustibility of peat charcoal renders such miDute attention to the process unnecessary, attd admits, with advantage, of the construction of heaps very much less in cirrumference. These con- sist generally of 700 to 1000 bricks; they are from 6 (o7 feet tn diame- ter, and 4 feet high. Around the stake, which is driven into a dry place, the peat-bricks arearranged endwise in concentric series, forraingcircu- lar layers, of which four, five, or six, with an internal decreasing diame- ter, arc placed one above the other, with this precaution, however, that '^M in all four directions air-chaanels or passages, of the width of a brick, ^^ are left in the direction of the radius, by meaits of which the heat is aAerwards regulated; otherwise ths peat heap would be too closely packed to allow any passage of air through its interstices. At the foot of the stake some dry wood is placed for ignition ; the heap ia covered with an inner coating of moss and leaves, and with an outer one of earth or charcoal dust, leaving only the middle part of the hood round the stake uncovered, for the ]iurpose of setting fire to the heap by one of the passages. By opening and shutting these channels, the combustion is conducted in all directions until flame breaks forth from the opening in the hood, which is then closed. The completion of the charring is then effected by apertures all round, beginning at the hood and proceeding fool by foot to the base. The appearance of the smoke issuing from these apertures is here also the iudication of the stage and state of the operation. The nature (age) of the peat, its consequent density, &c., must direct the burner. A mound, of the circumference stnted, produced from not quite air-dried peat, 24 per cent, of the weight and 27 of the bulk; from air-dried, 27 per cent. ^ in weight and '32k in volume; from freshly dug Pfungstailt peal, 30 ^| per cent, in weight and 29 in bulk; from excellent peat, quite drj", " 35( of the weight and 49 per cent, of the bulk. In the district of Siegen very good peat produced 23 per cent, of the weight and 40 per cent, of the bulk. Experiments upon a small scale generally j afford a still larger produce, sometimes as much as 40 per cent, of the ^| weight. Much difficulty is attached to the drawing and quenching^ the peat charcoal, which are undertaken when the mound has cooled during a certain time, for the charcoal easily crumbles to powder and is then useless. Jn Furnaces. — The use of furnaces aHbrds no increase of produce, but a safer regulation of the lire, and is more applicable to peat, as that substance is always obtained upon the samt spot, and it is itot CHARCOAL m ri'nifACBS. wt I I necessar}% as in ibe forest^ to follow the clearing or to transport Uie ZDaterial. In the manufactory of arms at Oliernoorf in Wirtembcrg, (here nre charring furnaces which have stood the test of ten years' ex* perience, and have been approval ; such a one is represented in Fig. 5. It is in the form of an u)>- rigbt cylinder, closed at the *"'«■ *■ top by a circular arch, 9 feet in height, and ok feet in diameter, containing 189 C. F. The furnace itself 6 is surrounded by a second wall aa, in such a majtoer as 1o leave a space *c, which is filled up to the dome with sand as a bad conductor of heat. Uoth walls are of brick, each one singly is 15 inches thick, as is the space cc, so that (he entire thickness ~- of the walls is 45 inches. dd are stones, plactrd lon- gitudinally and perpendi* cularly, to give greater solidity to tbe walls. Above the sole of the furaace are three rows of draught boles, pieces of old gun barrels walled in, which can be closed with bottle stoppers. The door for drawing out the charcoal can be closed by the cast iron slaby"; the iron support of the door projects slightly forward, and can be closed in the front by a board e, and the space m then filled with sand from g. Od charging, a channel is left in the axis of the furnace, lor igniting the contents. In the beginning, the charging aperture i, arnl the lower draught holes, are left open, and as soon as the peat appears white hot, they are closed, and the upper ones opened. When all smoke has ceased, all the apertures roust be closed, or filled with sand, and a layer of sand placed over i about one foot in thickness ; this occurs in about forty to forty-eight hours, and then the fUraace is le& during six or seven days to cool. That no interruption may occar, ten such furnaces are worked at the same time. Peat charcoal, as far as heating power is concerned, ranks amongst the best kinds of fuel ; it possesses, however, at the same time, properlie.s which render it unfit for many purposes. If 100 lbs. of peat leave 21 lbs. of ash, and produce 47 lbs. of charcoal^ these 47 lbs. of peat charcoal will contain. 21 lbs. of ash, i. e. 45 p. c, which alTect the processes in which it is employed, e. fc- forging ; partly on account of its quantity, and partly by entering into fusion, and acting chemically upon the bodies to be heated. As most kinds of peat are rich in ash, this must be augmented to such an extent in the charcoal, as to render the greater number of them unlit for carbon- ization. Another great objection to peat charcoal, is its loose, brittle chancier, which causes it soon to fall to pieces, and become useless. 68 CHARKIRG OF BROW!* COAL. In high smehing furnaces the pressure of the layers oi ore suflSces to crush it ; its appUcatiuu is, tbereibrCf confined to open boilers and fotgc Gres. This want of tirmness has been found to render this chaiooal quite unfit for removal, and the carboiuzatton mu«t be effected on the spot where Che cbarcoal is (o be used. Charring of Brown CW.-^f all kinds of ftiel, brown coal is least adapted for carbonization, although it is decomposed 'with as much esse as wood, and the charcoal which it produces is not so easily inHamiuable. As regards the amount of ash, what has been said of peat, apidies to brown coal, but cveuthe best kinds of brown coal are not easily charred, for, during the action of heat, the single layers, concentric rings, &c., which are scarcely perceptible ia the fresh specimens, spUt ofT, and a compact piece of brown coal becomes thus completely separated into small fragments, or is so split about, as not to bear carriage. In experiments with lignite from the ilessenbrticker Hammer (in the Welterau), \b\ p. c. by weight, and 32 p. c. by Toliune were obtained by carbonization in heaps. This quantity is too small to pay far the cost of manufacture.* In the neighborhood of Cassel, where circumstances are more favorable, the caiBonizalion in mounds is actually carried out, but only upon a small scale. Kxperimenls made with bmwu coal ujxm a umall scale, in which the coal was heated in close crucibles, until no more vapors were evolved, gave the following results: lOOpsru. Chu- coal C. IMpuu. Oluf Eanb^ conl rrom Dai . 49. J ' Lignite from Npundorf . . 3S.4 q " Bouch. d, R. 41.1 " " Coalang . . , 36.1 •1 " BowcvAIpoe. 49A » " JmhMdorf . . SUM LtpuW rrem tiieeco . . as.s » • Paradal 1 . . »« " " Cologne . . 36.1 U 11 u ^ 40.7 41 " Iceland . . 57.5 ■ " " 3 . . 42J1 ■I " BaddeigmbA 41.fl " ■ AntDid-Zcelw . 40j0 o ■ m B 49.7 " " Welloriilrw Br. ».9 « " Oi. Uiwali . 44.3 •' " Nfmifcoiiauer Bt, 34.7 U U H 43.9 ■' " Hanonberg I . 97.3 H V ■ 5L3 a C U ■ Q ^ 34.6 H " Fn«*4orr . 38.3 S • - K&iii(i?n , . . 37.S •1 U 11 48.2 1 * Pitch cosi from (irUDlat . , 37.3 ll U u u 4d.e & EurUiycoal [^.UacKuberg 1. 4S.1 Eonhr ■ Ultweiler . 68.3 k » 41 2, 4B.4 t a ■■ Raddcrgnibc 48.3 a n B 3_ 36.8 u U II 46.4 k U It ^ 3»j0 1 'Ligptle bota PQuchea . 46.4 Piwh « » 1. 43.0 It « ■ 44.7 a. 403 « d u tl u 51.0 Carltiy coal froin StMX . , 404 ?|- H " StOrachcB . 29.1 Pitok eoKl /rom R«ich«twa . SS.I " 11 40.6 It .1 u 3».3 1 H " Orelierg . . ca.8 " " AltMttel . . 403 ■ I« H 48.4 ^1 U ■ 35j0 - Au«i«. . . " Hesendorf . 4U.L 4ao 41.3 r_ - , ( vprau . . 35.6 48i) * In England, a cwt of txm\ flOftt ■boat ^/t, ou cwt. of chaired coal abonl ii. \0d CABBOHIUTION OF PlT COAL— DBAULPBDRlZATIOir. 69 Carbonization of PU Coal. General PrinnpUs. — ^Tbe chircoal wbicb is hH as the residue aAer the action of heat upoo pit coal, is common)}' rallnl cake. It has bevn already mentioned at p. 32, in what manner the diflerent lands of coal are acted upon, and produce various kinds of coke. Caking ooal softens during decomposition, and leaves charcoal with more or less distinct traces of funon. As in this kind of fuel, the oxjf^ea does not predominate, and it is the hydrogen, which at a high temperature carries olT the carbon, it was suppoised that the property of caking was due to the predominance of the latter over the former. It is no doubt true that 12,5 ports of by- drogen can combine with as much carbon as 100 parts of oxygen, but the predominance of the hydrogen over the oxygen, is not sufncient to expiaia the manner in which the coal is acted upon by heat, as the following' examples taken from Regnault's analyses will prove, in which analyses, particular carv was taken to describe the nature of the coke. The formula represent the relation of the equivalents ett< culated from the analyses. uwa Aaibraeiw (km Baldue, Mad coal . . a flOC4- 44 H4- 0 U : i Coal ft«n Bhuxr. 9iiii«r oQftl . aBSOCJ- 64 H-ffi O 10.7:1 OniMl a»l fimi lADi-sshirr, liuiirr ami . b SO C-(- ft4 H-j-S 0 31 :1 CSgal ftoa Mom iOmO) c«kjuK wnl . = BO C4- nu U-fS 0 04 : 1 Gml fhm Gnod Cnux (rosr^luU) higUy cakta^ . = SO Cf 86 H-j-3 O ia.7 : 1 It will be seen that the property of caking generally increases with the quantity of the latter two elements, particularly with that of the brdrogen. Anthracite, consisting almost entirely of carbon, may be nevea as a kind of natural coke resulting from the jirucess of coal formation. Although the hydrogen is on the increase in all the rest, in proportion as they soften in the fire, yet in the last, which possesses this property in the highest degree, the reverse is the case, its hydro- gen amounting to only half the quantity contained in the caking coal from Mons. It is remarkable that (he same should be the case with the younger coal of Obernkirchen, which is also of a highly caking character. It also produces a porous, friable coke, and has the composition 80 C-|- 52 H + 3 0 or O : H = 1 : 17. An explanation of this property of the coal can, therefore, only be expected from an investigation of the arraugemenl of its eli-mentary molecules, that is fmm its constitution, a subject upon which science has yet to throw morif light. Desulphurization. — The production of coke is undertaken with (he same general object in view, as the production of wood charcoal ; but it it desirable, for many purposes, to free the coal from sulphur. In this sense (he production of coke is also called the desulphurization. For purposes connected with the arts coke must be compact, in large pieces not liable to crumple and form Just, and it must possess a cer- tain degree of solidity, so as to stand pressure in smelting furnaces without being crushed. Both qualities must be considered in (be ehoice of the inalerial selected for its production. Sand ooal must be ■70 COKIIVG IN BBAPS. discanle<1 on the first ground, and too highly caking coal cm ffae se- cond ; the latter crumbles, because the boles oi cells are too la^. and the walls of thes« holeti or colls are too easily compressed.* £x- perieoce, however* has shown that the softness of coke U dependent upon the mode of its production^ and that this may be remedied accordingly. lU for instance, ootce is prepared under the pressure of a heavy covering, the blisters which form in the soflened coal are pressed together, after the escape of the gases which caused them, and a denser coke is produced. In order to obtain good coke, caking coal, which approaches sinter coal in cocuposition, should be selected. As coke is much less intlamroahle and only burns well with a good draught, but in tmon extinguished in furnaces with Utile draught and in the open air, and as the coal is always furnished on the same spot, fewer precautionary measures are requisite, and the operation of coking is more easily and better effected in a stalionar)' apparatus, in Heapt. — The oldest and still \6ry common melhod is that of mounds oc heaps, in which tlie operation, however, is not conducted in the same manner as in the wood heaps. No covering is employed, bat carbonization is commenced with free access of air, and a coating of dust is iiret applied when tlie coke has already been produced, and the attention of the burner is reqmired lo prevent its further consump- tion. The coking station is alwayij the same, and becomes sufficiently covered of itself with charcoal debris. In order to prepare more coke at once, long heaps have been substituted for the original cir- cular mounds; the length of these is of do consequence, and accord- ing to circumstances and the consumption of coke, they may some- times extend i^tX) feet. A string is stretched along the coke station, in order to point out the axis of the heap in the direction of which large pieces of coal nre made to lean against each in the beginning, so that a lon^tudinat channel (ignition passage) is formed througn which the string passes, U is of consequence to notice the natural stratification of the coals; they must always be placed upright (as compared with the direction of the layers), and with their fractured surfaces at right angles to the axis of the heap. Parallel with the first series of coal, is placed a second, and tlien a lliird, and so on; but the pieces constantly diminish in size, until the station measures six feet on both sides. Upon this substructure the heap is then made 'without particular care in the arrangement, the largest pieces below and the smallest above, until it has reached about two feet. To facilitate the ignition, stakes are rammed iii at distances of two feet from each other throughout the whole lenglh of the heap, and project from the lop. When they have been taken out, spaces are left into which burning coal is introduced. The fire thus spreads at once from more than ahundred places through the passage of ignition. As soon as the burner observes the thick smoke and flame cease at any part, or that any part becomes covered with ash, he endeavors • IVit much <]»pMKk aUo cm ili« mu of odutig, whether a denM antl cotnpacii or % kiotv ■□(! fiublo coke thall bo obtiia»d. — Ax. En. COKIVC IN MOLTCDS. Vi I immediately 1o stop the progress of the fire by covering it with pow- dered charcoal, and repeats this throughout until the whole is covered in, and the heat is then left two or thn^e days to cool. The covering on the side exposed to the wind should be thicker, accordtog to the quantity of wind. When the fire ta nearly extinguished, which is Oie case after as many more days, the colce is drawn. This mode of procedure is simple, hut not very economical ; the extension of the fire proceeds from without (properly above) lowards the interior and downwards, so that the upper coal is already coke at a lime when the inner part of the heap is only heating, and requires air, which con- sequently must not be excluded by a covering, atthongh it \a requisite lo protect the outer coke. Whilst the inner portion, therefore, is becoming coke, the outer portion which is already coke is being consumed, without a possibility of preventing it. A somewhat diC ^ ferent method practised, for example, at the Clyde iron woriu in ■ Sootland, completely obviates this difficulty. FiV. 6. In Mounds. — Fig. 6 represents atich a mound; it is round and treated in the same manner as those employed for wood charcoal. A conical lirick chimney three or four feet high is erected upon the coke station, three feet wide at the base; butwniist building a brick is lei^ out from time to time, so that throughout the whole structure a num- ber of apertures J9^ remain, by means of which the inner part of the channel remains in connection with the heap of coal surrounding it. The heaviest pieces of coal are placwi nearest the chimney and gra- dually diminish io idze towards the outside, by which arrangement the monnd assumes a round shape; care is likewise taken in con- structing the mound to leave free channels or spaces from the aper- tures ^Jl to the circumference. The inclination of the mound must not be too great, that the covering of ashes (cinders) with which it is enclosed may have a sufficient support. The mound represented in the figure is about twenty feet in diameter, and four and a half feet high, so that with its covering it exceeds the height of the chimney by a few inches. The ignition is effijcted by the chimney, into which burning coals are thrown, which gradually communicate the Qames to the mound through ^ A, beginning, therefore, from the bot- 72 COKING m PURRACES. torn and (he middle, Tvbich is of importance. Spaces are made at the foot of the mound to admit of air passing through, and escaping bjr the chimney. Gradually at the end of four or five days the surface becomes red hot as may be seen through the covering, the mouth of the chimney is then covered with an iron plate, and the spaces are closed for about three days, when the coke is drawn. In other parts, where the same sort of mound is used, the process is conducted in a different manner, and resembles that practised with the heaps first described. Tltc mound has then no covcriitg, and the chimney is covered immediately after ignition with an iron slab. The flame then penetrates the mound, fed by the air which has everywhere free access. As soon as the flame ceases at any spot, it is covered with cinders, and so on until the whole is covered. The heat which has now been attained, is sufficient to drive off the last portions of Tapor and tar, which pass oul from the re-opened mouth of (he chimney. ^Vhen these are no longer evolved, it is again closed and the mound allowed to cool. One advantage over the carbonization in open heaps is still preserved, and that is, that the process proceeds from the inte- rior towards the exterior, which is not the case in the heaps. In Furnaces. — The use of furnaces is considered in many countries more profitabV. All the furnaces d^estincd solely for the productioo of coke, (and not of tar and gas, for which see gas illumination,) are worked with access of air, and never by a separate fire from wiihout. One of the most commonly used, is depicted at Fig. 7, and its hon- F41. 7. f-'i.. s. zontal section at Fig. 8; both represent a coke furnace used at the Tyne iron works and elsewhere. The drawing represents four fur- naces, which are so arranged as to save brick-work and retain the J COKIIfO lit rURI<ACB£ 73 I heat, ^eh single furnace la a square space, arched at the top, is constnicted of brick, ten feet deep, twelve feet wide, so as to contain 120 square feet of coal, and ten feet high. The whole thickness of the wall is two feet, including the internal lining of tire stone. No grate is requisite, but in the centre of the arch a, un a])crture is made 2^ feet wide, and another i 6 at the bottom of the front wall, for the introduction of the coal, and which can be closed by a door three feet square. The aperture a is supplied with an iron ring, the opening b wiih an iron caMng which forms a groove r, in which the door slides. This door consists of an iron frame, filled with brick work, which is movable in r, and is suspended at d, the lever e with its chainy serves to move it. In the briclf work of the door, are a number of draught openings gg; these, however, are often wanlinc;, and then the case of the door does not fit exactly, but is loosely set in bricks, so that suf- ficient air has access. The 6rst furnace in the drawing has a door of B less convenient construction. The working of these furnaces continues day and night without interruption, except when repairs become necessary, and the first <^ration is the rharging. By the open door 6 A, two 'ions = -10 cwtg. « coal, is introduced into (he furnace, which quantity just reaches to the base of the arch, (leaving, therefore, space for swelling,) and is spread out by rakes. As soon as the charging-door is closed, the coal catches fire, and a thick smoke issues from the aperture in the arch, which is only closed towards the end of the process. It must be remembered, that the furnace, which is conslanlly at work, was only deprived of its charge of coke the moment before, and received con- sequently, the new charge whilst in a red-hot state; it is, therefore, the heat of the walls which ignites the coal on alt sides; this heat, however, would be insufficient to char the whole mass of the coal ; but the operation is urged on by air rushing in from the apertures gg^ igniting Inc Ta|>ors arising from the coal, and thus raising the tempe- rature of the interior to llic required pitch. At the expiration of three hours, the intensity of the heat is so great, that the lower opening, gg^ must be closed, in order to moderate the access of air, which con- stantly enters at gg, and passes off at a. In twenty-four hours, from the time of beginning, on the second morning, according to the usual process, the upper draught -holes are plastered over, and the furnace remains for twelve hours with the mouth a open, during which time the remainder of the gases and vapors are driven out of the coal by the existing heat, and pass off in flame. >^*ben this ceases,a is closed with a slab of iron, or with stones, which are covered estemally with sand, in order, during the next 12 hours 1o moderate the heat. The whole time expende<l, from the charge being placed in the furnace to the time the coke is drawn, is 48 hours; it is evident Ihat the fur- nace must then still be red-hot; but the slight combustibility of coke admits of the door being now opened, the coke raked out into iron wheelbarrows, quenched with water, and carried away. The furnace is then charged again as quickly as possible, and the process repeated. COIIKG FURNACeS. 1 Whilst tbe contents of one furnace are being drawn off, the other is at work, anil so on, that ihe labor may be equally dirided. In most coat countries, large quantities of tar are obtained in tbe prodiictioD of coal-gas for illumination, and the secondary products of the coking process are, consequently, not collected. In SUetta, on Che contrary, the industrial relations of the country are w distinctly in favor of collecting the tar, that that point can by no means be ne- lected. In Gleiwitz, for example, the arrangement represented in ig. 9, has been recently employed. The furnaces there are cylin- t drical, arched over with a hood, about 8 feet high, and built of bricks. They are charged by the opening a, which is aAerwanls bricked up with dry bricks, and closed on the outside by an iron door rf, the crevices in which are filled with clay;/ is Ihe inoulh of the furnace, with an appropriate cast-iron door fc- The air has access (for here, as in the former case, no external fire is applied) by tbe apertures cec, which are ranged one above the other in rows, reach- ing to the hood. The lowest of these are in the sole of tbe furnace itself, which thus becomes a kind of grate, and is hollow beneath. It is as well, however, if not better, to make the sole of massive brick- work, 90 that the draught-holes occupy the sides, beginning at tbe same level. The tar vapors and gases are conducted during Ihe ope- ration, through the tube A in the side of the hood to a cistern, which condenses and collects the former, allowing the latter to escape. Du- ring the cold season the tube h leads directly to this cistern ; but in COKING in FURNACES. 76 the SDcaraer it is carried in a zig-zag manner through a vater-tank, for the purpose of aiding Ihe condensation. In the first instance, large lumps of coal are introduced at a, leav- ing, faoweTer, a small space for the insertion of burning coals, then smaller pieces aty, in all about 36 to 40 cwts. When the first have taken fire, the two larcer apertures, at>d the upper rows of draoglit- boles c c are closed, and the lower row only is left open. As soon as the fire, as seen through these openings, assumes a reddish-yellow color, the holes are closed, that the second row maybe opened, and 8o on. The first row is closed after 10 hours, the second is allowed to remain open for the same time, the third row 16 hours, and the last, or uppermost, 3 hours, after the closing of which, the furnace is left for 12 hours befiire the coke is drawn. With four of these furnaces, eight or nine burnings are made weekly in Gleiwitz. The coal which is used there is of a slightly caking character, without being Terj* poor in hydrogen. As the average of several months, the cwt. produces 74 parts by volume, 53 per cent, by weiglit of coke, and about b{ gallons of tar. The same coal, charred in heaps, produces only 47 per cent by weight of coke, which is much more porous and less dense, so that, compared with furnace coke, a like bulk weighs 1,3 times less. The refuse coal from the pile, coal-dust,' &c., which, in itself, is of very little value, can be turned to good purpose if it is of a caking character ; for the single pieces, in becoming soft, adhere together and compose as solid a coke as the lai^ coal. A trial has been made in St. EtiennCf by stamping moist coal-dust into wooden boxes, which can easily he taken to pieces and are furniiihed with pegs on the inside, to form small mounds, with correspondingdraught-chaDueU, which are ignited after the removal of the mould. Too much loss, however, and manaal labor have caused this mode of procedure to be supplanted by the oseof closed furnaces, of which, theone represented at Fig. 10^ FiK- 10. ^i^ itiin«n p w ^yJMliJ* • r_r-- .-^oj being that used at Rive de Gier, on the Loire, is a good illustration. TTie construction is the same in principle as the common baking>oven ; namely, a flat arched space, with an even sole without grate^ which, * Fat ft woeni ftppUcaikm of rcfuM mmL 10 ib« m&nufiiclura of a pawni fuel, we AppeiKlix. EINC fRKACEBT heated by the previous operation, ignites th« charge which follows just in the same manner as was the case with the previously describpd fur- nace. The sole of the furnace » lis oval-shaped, llj feet wide, and 23j feet long, composed of a mass of clay 6 inches in thickness, which is spread out and stamped upon a layer of small stones^ t f, through the iatersticesof which itamoLSture can escape;. The foundation contains in the centre an empty qiace J) Dj which bein^ filled with earth or rubbish, forms the more immediate support of the sole. In the two small sides of the furnace, are the working apertures d d opposite each other, 2.8 feet wide, and 2 feet high, each of which is surround- ed by a frame of cast-iron fixed in the wall, in which the sliding-door ' P moves up or down. The latter is a kind of flat iron box, filled with, brickwork, and turned with the door side 1o the interior of the oven, in order the better to withstand the heat. In the middle of the door is a small aperture o, through which the workman can observe the progress of the operation. The frreatest distance hetwcrn the arch ancT the sole is in Oie middle, and amounts to 4 feet ; a small chimney H is there erected 1.6 feet in diameter, and 1.8 feet high. In the interior of the furnace, at // and ..?, the brickwork is composed of fire- proof materials, and clay is used instead of mortar ; cutude are com- mon stones, covered with a layer of mortar, which bns been sifted previously together with sand ; e are thresholds before the doors, for drawing the coke out with rakes, and are of stone or iron. As soon as the coke from the previous process has been removed, the furnace is again charged, without delay, with coal-dust, which must be kept moi.st, that it may easily cake together. If the coal cakes very much, the mass spread over the sole of the furnace must not exceed 8 inches in beight ; if it is less liable to cake, the deptb of the charge may he 10 inches: it must be uniformty spread out, and the doors then closed, with the exception of a narrow slit at the bottom for (he introduction of air. The furnace will contain from 60 to 70 cubic feet of coal. When the heat of the furnace begins to act upon the coal, which is quickly the case, aqueous vapor, sulphur, and combustible gases are copiously evolved. It has been found advan- tageous to prolong this stage of the process as much as possible, in order to Heciire a targe product of coke, and for this reason also, it is well to wet the coal-uust. Properly conducted, this port of the oiieration should occupy two hours, the slight draught being oidy just sulucient to carry oS* the vapors ; the evolution of vapor then rapidly diminishes, and the combustible gases passing ofl* in greater quantity suddenly ignite, with a kind of explosion ; the yellow smoke then ceases for a moment to be succeeded by a black cloud. At this stage, the mass of coal is at a low cherry red beat, and it becomes necessary to increase the draught in order to drive otT the whole of the vapors and volatile matter. To effect this, the door is raised about 3 inches: the fire immediately draws up, and a dusky, sooty flame issues from the chim- ney. After three quarters of an hour this becomes clearer and white, tbe heat is then uniform over the whole mass of coal, which begins to split and crack, and roust not be disturbed. In three quarters of an PRODUCE— NATURE 07 TUE COKE. *ft hour more, these fissures have extended to the veiy sole of the furnace, and when the whole is at full red heat the door is closed, and the crerices filled with clav. The heat now generated is sufficient to complete the carboniTiation, and to drive ofTthe last portions of volatile matter. For a time the flame stUl Bickers, becoming whiter and whiter, at a considerable distance above the chimnej, but gradnally diminishes, threatening to die away altogether, because the evolution of gas from the interior has entirely ceased. If more time were lost, the air would, at last, enter by ihe chimney as the pressure diminishes, for which reason the cover is advanced more and more over the chim- ney, and at length completely closes it. That no heat may be lost, the coke ts now rcmoted as quickly as possible : the doors are opened without delay, the mass of coke broken up with staves, and raked into the barrows, sprinkled with water, partly to quench the fire more quickly, aud partly to decompose the remaiuing sulphur compounds, the presence of which are recognized by (he odor* of the aqueous vapors arising from the glowing coke. The furnace then receives a fresh charge, and the same process continues uninterruptedly. Each operation requires about 24 hours, f Produce. — The method just described affords a larger produce than any other process of carbonization. The annual average, from observa- tions made at Rive i\v. flier, wa.s 09 per cent, coke ; with inferior coal aod less care, they always obtain not less than 60 to Gb per cent. ; whilst coal and pit-dust in the mound, only yield 45 to 50 per cent.; and in tbe heap, rich coal yields 40 to 45 per cent. Coal containing little hydrogen, of course, produces more, and indeed about \. Ge- neral experience has shown that the furnace produces denser cdte than the mound; and this, again, coke more dense than the heap; and yet Ihe coals in the two latter cases scarcely yield their own volume, whilst in the furnaces this increases in the ratio of 10: 12. Oo the other hand, the smelters find the coke Irom heaps and mounds much more free irom sulphur than that from the furnaces, which is generally, although not necessarily, the result of those processes hav- ing been used, which in other respects afford so many practical ad- vantages. JVetvTt of the Coke. — The product of this operation forms first a connected mass, but on cooHng, splits into a number of more or less similar pieces, sometimes in the form of basaltic columns, sometimes as irregular lumps with warty excrescences. Its structure is pormUf or finely oenrW^r: only highly caking coal forms large vesicles; in the first variety the color is a light iron gray with a silky lustre ; in the other it is blackish gray, and its lustre is fatty. A play of colors is said only to occur in coke that is rich in sulphur; it is by no means a desirable property. For the most part, the individual portions of the fibre-coal may be clistingiiishcd here anfi there in the mass itself; by carriage and heaping together, these portions split off, and cause ' Of walpkuiMwd hfdiogvn «nd Ki^ibuKXis Moid. t Tat addliionml m>lt«r ooocrming tola, ws Appendix. 78 ItBLATIVE VALUE OP FUEL. a waste of a ccrtaio per centnge. Coke, like charcoal, attracts mois* ture from the air, in damp weather as much as 30 per cent. In general it ik better oot to keep (he coke too long, as exposure to the weather caiisps it to Ijpcome soft anil crumble. lieladve Value of Fwl. — Common cverj'-day experience is sufficient to show thai diirerent kinds of fuel are by no means capable of pro- ducing a like amount of heat. It therefore becomes interesting and important to learn the methods which science has adopted for ascer- taining the maximum effect ofthe diHerent kinds offuel. The results obtained from these researches are called the theoretical effed. For ascertaining' this, the knowledge of two things is indispensable ; namely, the quantity of htai which a certain amount offuel is capable of producing, and the timt which is required for eflfecting that object. These two points furnish the idea of what is called heating power. The value of tliefael depends upon its heating power, and it.s price at the time of consumption ; it varies, therefore, in diUerent localities, and can only be relatively fixed. Strictly speaking, the determination of the first point (the quantity of heat) is impossible, as heat cannot be weighed or measured ; the quantity of heat, therefore, which a body produces during combustion, cannot itself be ascertained, but for practical purposes a knowledge of the absolute quantity is not required ; it is sufficient to know how much the quantity of heat produced by one kind of fuel exceeds or falls short of that produced by auolher, tlie actualquantilies produced by each, being left undeterminetl. In short, a knowledge of the relative quanti- ties of heat is all that is required, and for obtaining this, science offers several means. All researches of this hind, and undertaken Mrith this object, must only be considered as relative. The more ancient, purely physical experiments, undertaken by ttie most dtMinguisbed men of science, were all conducted upon the same principle, that of causing the whole quantity of heat (actually unknown} which a burning substance or fuel emits to act upon a third body, in order to compare the action which the different kinds respectively have upon it. The apparatus by which this is effected, is the well-known calorimeter. Lavoisier and Laplace caused the heat in this instrument to act upon ice, and measured the heat by the quantity of ice that was melted. At a later period, Count Uumford, to whom we are indebted for many experi- ments upon fuel, used water instead of ice, and measured the quantity of heat, by the increase of temperature iu a given quantity of water. Both methods of determination are in fact the same, if wc remember that the same quantity of heat which will melt I lb. of ice at SS**, is just sufficient, according to Lavoisier and Laplace, to raise the tempe- rature of as much water (1 lb.) 135° F. {lh° C.) ; or what is the same thing, to raise 0,75» lbs. of water ISO^F. (I0O='C.) When it is further taken into confuderation, that according to Clement and Desormes, an * Tills numlwr they obminei) bb the mean of two clot<'nninsiions,wtiii;h wcr« 7.3 and 7ft. From Uir^ more trpctil and accurale exjiftrirnnitii of iln In I'lvvcwiayn nnd lIpMin, u wpU u from tlioM> of Rfigiiault, ii appcvi Uini ihb iiumbot muH bv raiwd to 7y. nciATIVX VALUK OP FUEL. equal weight of aqueous vapor, whaterer may be its temperature and lensioD, is always formed from one antl the same amount of heal, and consequently always contains the same quantity ; aad, moreover, that the quaotity of heat which water at 212'^ absorbs (latent heat) in a manner no longer indicated by the thermometer, in order to be con- verted into vapor, would, according to Clement and Dcsormes be 5,5, accotdinfF to Kumford 5,67, and by more recent experiments 5,72 times, sufficient to heat the same weight of water from 32"^ to 212*^, it becomes easy to calculate how much water would be converted into vapor by the heat that is required to melt 1 lb. of ice. Thus the latent heal of vapor' (1030°), divided by the heat absorbed by melting ice (142^), give 7,2&; and conversely H2-^1030s=0.136 lbs. vaporized by the " heat of fluitliry" of 1 lb. of ice. Rumfbcd's erperiments oa wood led to the following resulti: OacpMBd of An fn1towtnikliiili»r wood when burn i will )m«I : 1. Linctrer w«od. Dry wood, 4 yttn old » " aliifhUy dried •• " Ktronglj- driwt 3. Bawb wood. Dij wood 4 Of 5 jtmn old " •• fUongly drivd 3. Elm wood. Wood ruher damp . " diiad, 4 o< 5 yctiri old " airooglydrivd " dlrird brown 4. Oak wocd. Cboinui flnhWDpd, in ttDall ttrav- taj» OM in Uiicker •hntring* . " ibkk (ItBviiigf . ■ dfied in the ait . Piry dfy wood, in thiii «liavingi " " iliicker " 0. A*h wood. Cbmmon dry wood . Tlie mme diied io air, iliaviiic« Tte mnc, Bharinga ilnol in an ■SfSt 111.707 3 Mas 40.131 33.798 36.4 7S 38. 1 47 30.30$ 34.083 30.900 88.272 25. WO 34.748 S0.8I0 36.337 3O.fl40 33.720 35^9 Oae pimijit <if tlin tiilknrinK kiiulaof w-nDiI When toMii wiU beat: 0. Hyoinium wood. Scmngly dtied in nn oven 7. Wixxl of moiintitin n«h. StroniEly diied in an oveo Driad brawn .... 8. Wood of bird thmty. Urinl wood .... Suonflly dried in aa orcn Dried btowo .... 9. Fit wood (deal). Onlinaiy dry wood . WvlldriodiD ihe air.in Savings WeU dried initnovci), initiavmifs Wtill drJMl brown, in iluivings W«ll dried, in thick ■haTJngs . 10. Poplar wood. Wood dyiod in tUa ordiciuy man- ner Wood •troDsly dnod in an own 11. noralieam. Dried wood (ordioaiy) . 36.117 30.130 33.337 33.339 3Q.B0I 34.738 34.000 37,379 33.338 38.«93 34.001 37.101 31.704 A most remartable connection between the quantities of heat erolved, and the chemical process of combustion, was first pointed out by Welter in the calori metrical experiments of Laplace, Lavoi- sier, Cespretz, Rumford, and others, and ^ve rise to a new and more convenient method of determining the heating power. He found, namely. Chat those quantities of a combustible body which require an ■ By oui own *x(i«Timents, the InWvi hwil of the vapor of wiiw li l030*Pah. (Sm Sepon on tlw " Scran^pti ol materiali for itcam-boil«r,*' pp. 44-9,)— An. Ea. 80 BELATIVX TAtUE OF FVEL. equal amount of oxy^n for combustion, evolve also equal quantities of heat, as is shown by the following examples: Iftoimd will heat |MiiLn4» at wa- IcT ftooi ap> la ait» 1 ppuni) of oiysvn in nnuuaiinic will iwu poandi of wa- Cbuaml Quite 4ir wood 930.4 DnpMit 78.15 • i3.Ul Bumford ai3& ponnda 0376 " 0.7'M •• 3.UM ^1 In the greater number of combustible bodies, (he difTerences mrt-' not greater than might be anticipated from the difficulties attending all calori metrical researches, whilsr in oJhers, as phosphorus, iron, &c., they are twice as great. Thus far Welter drew the conclusion, that the oxygen required for the combustion of a body beinf in the same relation, and as the quantity of heat evolved, it could reasonably be made the measure of the healing iiowcr. In feet, we are led a priorit to this supposition, if we consider, thai on the one hand, the heat evolved must bear some relation to the mass of the body burnt; on the other hand, however, that oxygen may just as well be con- sidered the combustible portion, as the body with which it combines (the fuel). When, therefore, oxygen bums by means of carbon, wood, hydrofjen, &c., the heat which is evolved must increase with the quantity of it that is consumed ; the supposition of Welter has not, however, obtained any positive proof. Nevertheless, Berthier has founded a practical process upon it, to determine by one experiment the quantity of oxygen requisite for combuslion, and thus the heatinr power of the combustible. It consists in heating to redness aweigbea quantity of the combustible with a large excess of pure litharge until the combustible is completely consumed by the oxygen of the oxide of lead as it would be by that of the air. Every equivalent of oxygen that is used, leaves an equivalent of reduced metallic lead. We have, therefore, only lo weigh the metallic lead in order to discover the amount of oxygen consumed and the heating power, always sup- posing, that the object in view is merely a comparison of the relative powers of the diflerenl kinds of fuel. If, however, it is required to ascertain the quantity of water heated up to 212'^ F., it becomes necessary to refer to the Icnown calorimetric power of a single cotn- bustible body. Carbon is usually chosen, which is then made the standard of comparison. Now 1 part of pure carbon requires 2,666 parts of oxygen, which taken from litharge, leave 34,5 parts of metallic lead; the same quantity of carbon, according to Despretz, is sufficient to beat 78,16 parts of water from 32° to 212°; so ihat each part of lead that is reduced by an experiment with any land of fuel, corresponds to— J — = 2,265 parts of water, which will be raised 34,6 by its means from 32° to 212°. An elementary analysis, in which any substance is completely consumed — its carbon being converted into carbonic acid and its hydrogen into water — is a means of calcu- KKLATlVe VALOK OP FUKL. 81 latiog with greater accuracy the requisite quantity of oxygen for oom- faustioQ and the consequent heRting power.* As 1 part of carbon takes up 2,666, and ] part of hydrogen takes treble that quantity, namely 8 parts of oxygen, we have only to deduct from the sum of both, the quantity actually present in the combustible, in order to ascertain the quantity rurniahed from without, and that becomes the measure of the beating power; «. g., in oak-wood there are; 0,4943 parts carbon, and U,0607 hydrogen, which would give 0,4943 X 2,666 + 0.0607 x 8 = 1,318 + 0,485 = 1,803. If the oxygen in the oak-wood, viz. 0,445, is deducted from that quantity, we obtain 1,803 — 0,445 == 1,358 as the amount of oxygen required, corresponding to 17»57 of lead or 39,8 of water, which would be faeatwl to 212^ by 1 part of oak-wood. All the ele* mentary analyses cited above, are therefore so many determinations of heating powers, and are here placed by the side of direct experi- ments made upon Berthier's plan, partly by himself, partly by Wink- ler, Ksrmarsch, and others. I. i>u>'FjiKNT icirrns or wood. ScUMIm aari Patenon. ooavkUtr I Ot. bib*. I In C. P. av. ilmt itie a#e#fniiMiicit» mmdi< wirti liiiuuKe ■» Iwbk lo « conMuit prrw, iraU am »iwmj» (»bpui ;tb) ckon of Ui« tniUi. [So* bebw (p. S6), T«bto of expviiiMKiU on AiimicM a»l«. InWjB iBductioci and uliijnue KuaJytu, ooopand with cnponiire powers AM. 1-S. J I A». E..] 82 HeL&TlVE VALUE OF FUEL. n. CBAKCO&L. Poiutd* of lead mlucnl bv on* lb of SSS M ■3 la §■=- £■85 Winkler. Commercial BnoloMd in bonlniinnwM <fiM»l)rKft«r being maUe. ' PopUi cteiWMl lijrcunon " A«ti " 'Pir Alder - Bireb " Oak ■• Bo«h " Elm LimetTM " Willow " Pine Scoubflt - 30.80 30.60 aff.eo S9.S 31.3 38.4 31.4 31.3 On an average «a. On an nvprngB n. 33,56 33,33 33.33 33,S1 33.1! 33.14 33.37 33.26 .T2.79 33^9 33.93 33.62 I S 9 in. TAklETIES OF PEAT. bMftbty. BcrilUEr. Is SSI ill tooltt^ WinklK. If •CA Mi Hewl froin Ttoycg ■ Hnm. <l*p, de la Sommc . Bossy, tt^p. Ac la Manie . Pmmoni, d^p. de> ViM|[e* locfaoux. iMp. dM Landee Kiinigibrunn, Wiiie rubers 8.U 13.3 13.0 16.4 16.3 14.3 18.1 37.0 39.3 34.g 34.a 32.4 Among 24 mrti from tbo liutz taoaa- Uins, the want ![■»« .... " - ihr hp»i . 11.9 IS.S 9S.» 43.4 Prom .\Uen in Inland " " uppw " ■■ lower " proMod peai GTiffllh. 87.7 fl«.7 25.n se.6 13.7 38J) I Karmarsch found, in an extended examination of more that 100 Tarielies of Hanoverian peat, a considerable difference amongst the indiTtdual kinds, which could not be definitely traced to their age or other properties, but with reference to age, the following mean values were obtaiaed: 1. Recent peat. a. Yellow grass peat evaporated per lb. 1.78 lbs. of water, and b. Grown and black peat, 2.03 lbs. of water. 2. Old peat. Q, Earthy peat, 1.98 lbs., and IPH RELATIviTALcS^PPrTL^^^^^^^^^^^^^B 6. Pitch peat, 2.08 lbs. of water . In general, thn quantity of water ^H ■ vaporized by 1 lb. , ranged between 241 on. vrith the worst, and 36} ^M 1 oz. with the best kind. ■ 1 IV. PEAT CUABCOAL. ^M ^ Bctribwr BaHhiar. ^^M i» iB% 4^ ^M ^^v •a-O iu^ '-^ i ^B B Soarse. CT— -J Bonrec- ■ "a :l;s W in H m It'' ^ 1"" 1 o >.£ «' s Crouy-»ur-OiiToq, de- part. Seino and ftuuns 17.7 40.1 Eaaona, tuacl) u*cd in Paris . 23.4 ^^H — H«n . 184 41.7 FramoTit, rmd pern ^^^^H • ftom Cluunp du feu 36.0 ^^^1 ▼. BKOWM COAL. ^^^| Lvnlitr^ Berthler LoEaUly. BenUer. ^^| lit m CMS Hi W III 111 1 G«ineio(lB Dnufihii), ^^^1 fiawea AI|)C» . . 35J 9TJ Sl Lon, Bmbw P]ri9> ^^^^1 Sl ItUnin dc Vuid, ima 903 48.r> ^^^1 Otiiton do Tuiil . 33^ SU Val-Pinoau,D/Saithe 19.39 ^^H MiAotme. dcp. d« ComiDon G«rTiMn ia.40 ^^H I'Awle .... 39.8 6tJ6 EdlMi,dcp.dglRCha- ^^^^H Gkidamu;, Baucbes t7.0 38.9 ^^H dnKUlae . . . 23.0 49.8 Alph^iii, Giveeo . , 1«J) ^^H Ftormn 81.0 47.6 Triptiilifl - . . 19.3 ^^H Enfanl Xkat . . . S1.0 47.8 Kiuni " . . 153 38.8 ^^H Koep PtMuoh, Lalcv Elbogso, Bubeniia . 18.3 41.3 ^H of Zuid) . . . sa7 UJi ^^^H EOhocn. RegnautL ^^^^| Eardty ooal from Dai 91.38 63.6 .^^H Mekmer , . . 90,1 M.0 (t Bouclwi ^^^^^H PUak oetitmai Ucm- du RbAne 18.89 ^^H nu 13.9 49.0 * lomt Alp> 19.69 ^^H « KingkuM . 1S.9 495 •" Graeoe . . 17.84 ^^H " HiilitchtEWittd lft.0 46.9 " Colognfi . . 1&94 ^^H Gbnee <xm\ itim « UMIBch . . 1A.90 46.6 ^^^M Bbq^iOil . . . lU MS PtiDh eoil ftom Ha- ^^^^1 MnhUwakl . . . 19.0 43.4 Vamnunpp. ^^^^H Lowest auvntm RUig- ^^^^H ktild 19.0 43.6 ^^^^^1 Mid. Mim. Bk«kiiti| . 19.1) 43.9 Helin«edl,PrinzWa- ^^^^1 SoUMnpst ookI 14.1. 4IJ h«lm's minoA . . 20,17 ^^^1 Lignite amn UfUk> " oilier tniniM 21.83 ^^^H lUI 14.7 43.1 SuliJiinngDn, Gr. Traua 18.7« ^^H ■* Laubwtb 17. S 91.3 " othei minoi 1.8.60 ^^H [ S4 ^^^^^ RELATIVE VALUE OP PUEL. ^^^^^^H If TI. HINERAL COAL. ^^^^H ^^^^^^ tjocilitj and kind of Brr&iet l^talriy noi! kind of B«rtlii«r. "^^M ^ ►- A ^ i -a S .« — •r 1 s a ^^^^^^_^ Is 1% coat ?* ^P 1^ r ii- an OS i 0 s |l ^ i ^^a a < i i^ H ^^H Treilil miiiff, near Sl ^H ^^^^P 0. (Uing ooal. Etionno Bclloatni, Auilc, lO ralleil 2S.4 S7.S ^^1 CmI Aom Dowlais in Jnfci .... 24.4 SS.3 ^^^^^1 WkIm 31.8 Tax) Jtyel (tmknowD locKlit/) 23.3 S3.8 ^^^H Gliijmi>r|[>n • • 31.S 70.7 ^^H Kw^tiwiUf^, near Aix<lB> &. Snus coal. ^^^M CUiKlIc . 31^ 70.3 09.7 ^^H l.i]i|io>Sr-hnum burif 30.y 7U.0 80.0 Chtnj ooal, Derbyshire 273 61.6 ^^H Nowcullo 30.9 70J) 71.& Sort cuaL . " . 24.3 50.5 ^^^^^H Otrmcvu near Alby 30.1 68.3 Oviv^u in AsluiiB . 3Q.I 59.1 ^^^^^1 Rivr <ln (lior, Granil Cann«l coal frnni Glugow 24.9 56.4 ^^^^^1 Ctoix 29.6 67.0 7S.0 Sl Omtgc* ili LavDDiM*, ^^H Mot)*, Bouleau-Foonine- Aveyrcn 24.0 M.S ^^H Uadiun« . 39.0 65.7 CnniMl coal from Lwkxu ^^H Cbiiotl dorI, Wignn . 38.3 04.1 76.0 •bin .... 93.$ 33JI ^^H Uoni, Grnnd GnUlot 28.1 (i3.ft Ombrowa, Silesia . 31.S 48J> ^^H Bochcbrllc!, ni^«r Altus . 27,0 0'J.& 7&.7 Snliti, Juts 11.0 47.5 ^^1 UotXtHvll. Allimioc pit 2T,4 M.l VnxBf, Slavunia 19.4 43.9 ^^1 33.3 27AJ <il.tj OLl c. Sand coaL ] St. Pierw la Cour, near Durliun 31.0 71.6 ^^H Ma)renno . 47.0 ei.i Rolduc^ neat Ais-ta^a- ^^H Epinni^.Sndnciiciil Loire a6.8 60.7 72.8 pnllc .... 31.0 70.2 80 ^H Fiuoi OtiflJy in Anuria 2C.1 59.1 Ziiwwayet.iieai Offeobeig 8a.2 50.3 ■ r VU. COSE. ^H ^^^^^^^^_ Spt-stu »r ke Benhirt. ^^^1 lb«. oriesi! nidutiKl tiy 1 Iti or colu. Ibi. orwRler heaud IV«in ^^H ^e M itiv liy 1 lb. oT ^H ^^^^F ^^1 ^B A Im Gsrre. from co«l of S L Etienne 3S.S 6S.4 ^1 H From (WBl of BeSB^itcei ■ . . 28.4 64.3 ^H ■ - - Rim Oe Gin ... 36j0 SB.9 ^H ^m Gas coke fkmi Parii 32.2 dOJ J 1 RELATIVE VALUE OF FOEL. 85 Tin. AtrraBACiTR. I Bcnluet. LocMhtr- lb*, oflaad mliirixlllhiL-orn-airthpawJ thft. of WHifr oc- hy 1 lb. o( uithtB- I'Tcirii 3!t' 111 tVi^ bf eurdiii)( u ana- ClM. L lb. of uithra«ii«. IrK*. AtHhmcile Ihmi Ijamara, neai GMDobte 31.6 71^ 72.8 30.3 09.1 7&.e "'««•■— [I: SSSr: : 33.0 2«.8 7*.T 60^ Frofn Cottmni^ in Sanqr . 23.7 60.5 . [Kor complele combusllon, acconling to calculation from analysis, ana experiments with lead, anthracite requires l.'JB cubic feet of air per lb. ; in practice under steam boilers, 276 cubic feet are necessary ; natural coke of Va. by lead trinls, takes 140, and by steam boiler trials 257 C. F.; free burning bituminous coals, by lead, 1*26, and under steam boiler 250 ; highly bituminous coals, by lead, 115, under boiler 258; Cannel coals, by lead reduction, 106, and under boiler 224 C.F. In all ordinary combustions, therefore, about one-half the oxygen of the air escapes combusibn. The action of blast furnaces, where the air traverses a high body of fuel, constitutes an exception to this rule. The above computations are for a temperature of 00° Fah., at which I cubic foot of air weighs 0,07575 lb. avoirdupois. On the rdotire reductive poicers of diffrrent clastts of American coalt^ 03 demtmsirated by the erpcriintiits with oxide of lead. — By a reference to the report on American coals already cited, it will be found that the method of Hertbier was extensively apdied, and that the results were compared with a similar series made on French coals by M. Baudin, The general result of experiiuents on 37 varieties of coal, tested after this manner, is exhibited in the rollowing table, by collect- ing into one view the four average results derived from the several classes of coals. The mean ratio oS fxed to volatile combustible matter o( each class, is added, affording the means of judging in what manoer the volatile constituents atTect the reductive power. The weight of oxygen given up by the lead, reduced by 1 part of combus* tible matter in the coal assayed, is calculated from the known compo- sition of litharge* Had the combustible matter been pure carbon, and (he product only carbonic acid, the oxygen would have been 2.66 parta io 1 of combustible. Tliis, it will be seen, is approached by the an* Ihracites, but is farther and farther receded from by the bituminous coals, in proportion as their bituminousness increases. The French anthracites had obviously a much larger proportion of vo- latile matter than the American. They correspond in this respect very nearly with the " natural coke" of Virginia, of which the ratio of fixed to volatile combustible is 6.269 : 1. Tlie average result in lead ob- tained by M. Bandin for the four classes of coals is about 2.2 per cent, higher than that given by the trials of analogous classes of American coals. These results may farther be compared with those of M. 86 TIHB REQUIRED BT PDEL Bertbier, above given, and the practical xt cam-producing value of the coals, which be tested by litharge, may tbence be inferred. .dvimgt FM/wter pMMn ef Amtnooti. and /onigm oaait, tu Uit€d iy Uthargt. 9 IL 10 8 1. C«AL« AMATIO AT WtaulltDTOK. 7 Pnnnsylvftnui MiUuxdte* nnd 1 Hunpb of luttunil cdUq or Virsinta . | 10,S37 Mnrylmiil nni9 l'cnn«]rlraiuB fre« burnin{ nxi]( ...... Vinnniti tkiiuiDLiioiu cwils . Fnrngn atid wAtleni htghljr Ulaminou* ooii* I!, FmuiCB eUALB AMlTKtl BT M. BAeMS. Fri'ticli uitlifBi-iie^ *U: Cbatbonnier, Mi-swix. iind Chainbtotl . 2 ftm-buiniiiK ixalB of La CoinbrLlp. iirii] 1 of Lo» Bntilie* (tinrnijiri' ilit 3 pi'*iU) Bitiifiimo'iiii ninla of Laiigmc, ClmmiilBii, BR(J Mndic ..... HiKhly biniininous coals of Amrornat, Hint, ■ad Bert .... 10.877 0.023 S.7H> a3.517 31.736 3«.194 27.740 33.520 33.040 29.830 S7.SBS 33,801 4.90S 1.9&S 6.SGQ 3.4T7 1.440 sjtioa 3.4409 8.17fl5 9.t413 3.S679 3.4734 3.3028 2.1395] htjbience of the time required byjuet to emit its Aeo/.— -The num^ bers which have been cited, and which express the relative quantities of heat given ofT by ditr^renl kinds of fuel, appear at ihe outset 1o be in distinct contradiction to daily experience. The greatest quantity of beat, for iostance, is obtained from the hard kinds of wood, and yet tbe experiments place lime- wood and the softer species, the foremost in the table. The accurate analyses of Schddler and Peterson explain in a satisfactory manner the observations derived from practical ex- perience; they show, namely, that ahhowgh pure woody fibre con- tains just the amount of hydrogen requisite for producing water with the oxygen, in ihe proportion, Therefore, of I : 8, yet ihe woods them- selves contain a larger proportion, and this excess of hydrogen varies in the different kinds, and thus becomes an object of importance (o determine. Thu«ihe 44.5 parts oxygen in oak-wood, must have— ^ 8 = 5,562 parts of hydrogen to form water; the wood contains, how- ever, G,07 per cent., an excess, therefore, o( 6.07 — 5.562 = 0.508 per cent., or in 1000 parts 5.03. In like manner, we fmd hydrogen in excess in the following woods. In 1000 parts. to BMIf ITS HEAT. BT Exe«*i of hyilfogm. Ei««Mof hrilro|t«D. Excew of li)r4fDsea. | Ezcm* of hrdnitm. (hik-wcoil i . 6.08 . 505 . 8.30 BmcIi wood . 6^0 Birch . . , 7.50 Poplaiwood S4iO Lime-wood 13.90 DmI . . . 9.30 F^n« wood . B.80 Si»wh-iU . "J.TO Urch . . 6.00 This excess of hydrogen* od heating the wood, will give rise to the formation of ^seoiis hydro- carbons, and as these carry away a con- siderable portion of carbon, the residue of charcoal will bedimini.^hcd. It is principally these gases and vapors which burn so readily, and produce (he flaroe. The lighter kinds of wood are, therefore, chemi- cally characterized by a larger excess of hydrogen, which causes the first stage of their combustion {eombustio7t mihjtame) to be augmented Ht the expense of the second — the incandescence of the charcoal; they consequently generally burn with greater facility, or, what is the same thing, they evolve their hent in. a shorter space of lirru than the hard woods ; this property may very properly be called that of greater com- btutUnlity. The time reqnired for combustion, and consequently for the evolution of heat, is also dependent upon the state of division, or the size of the logs, charcoal lumps, or peat bricks, &.C., in which they are exposed to the fire. A certain weight of wood, for example, exposed in fine diavings, will come vastly more in contact with the consuming air, than woen it is in the form of a single compact piece. In the former case, many more portions of the wockI would burn simultaneously than in the latter, and the evolution of heat would be over in a compara- tirely small space of time. Whilst the compact lump is slowly con- sumed, and is capable of keeping the surrounding parts (the sides of the furnace) at a moderate temperature for hours, the shavings would for a few minutes bring it to a red heat. This circumstance is prac- tically of much importance. As surely as the combustibility (the quan- tity which is consumed within a given time) is increased at first by division, so surely, if that division be carried beyond a certain limit, does it act in an opposite manner, until the combustibility is com- pletely destroyed. Charcoal powder, saw^iust, crushed coal of the best quality, powdered peat, &c., cease to be combnatible bodies, because, whale%'er kind of grate may be used, the small particles lie 80 close together as to leave no space for the access of air; in this state, they are valueless. Caking coal only, can be converted from this state into compact coke, anamade available. Fuel that falls to pieces when exposed to heat without caking again, is also subject to this evil. Pulverulent waste from pfaf, wood-charcoal, and pit-coal, is sometimes made available by mixing it with as much softened clay as is necessar)' to make il cohere, forming it into bricks, drj'ing, and Inciting it as an inferior fuel, under the name of briquettes, or com- Inuti^ bricks. The pit refuse from caking-coal may be employed in the same manner, as a means of etfecling cohesion. One part of Bmithy-refuse from St. Dieime, is capable of forming a compact coke wtih from 2 to 3 parts of brown-coal; each shovelfull of this mixture CONCLnDlRC ItEMAItSS. tliTOwn upon the fire, forms in a few minutes a compact lump, vhtch burns as well as larc^ coal.* Concludtjig Remarks. — As corobinaiions of organic origin, the kinds of fuei which have here been describeil, are not very simple in con- stitution, and therefore ofTer but slight resistance to external mMlifying causes, t. e., th'ey are easily decomposable bodies. Chemical com- binations generally can only exist within the limits of certain tempe- ratures, these limits being greater for simple than for complex bodies. The varieties of fuel are not volatile; the chemical equilibrium amongst their elements is destroyt^tl on an increase of temperature long before their volatilization can be effected. The decomposition caused by heat, is nothing more than an overthrow of the existing arrangement of the elements, as, for instance, in wood, and an immediate re-nrrangement with the formation of new compounds capable of existing at the liiglier temperature. The nature of the products is, therefore, mainly dependent upon the latter; at different temperatures of decomposition, these cannot be the same; and they must vary in quantity still more than in quality; but the resnlt 'will be essentially different, according as air (oxygen) takes part in, or is excluded from, the process. In the former case, the products are im- mediately subjected to the energetic chemical action of oxygen, and forced (o part uitb their elements ; combustion results, therefore, as a secondary process. In the latter case, where dec«mposilion hy heat is effected without access of air, we have what is called in chemistry, dry distillation, in which operation the products can be conveniently collected and studied, and this demands particular attention, because upon it are founded important transformations of certain species of From all that has been said about the nature of fuel, it is eW^H dent that the "invention" of any new kind must be absurd; any such can only be a preparation of refuse coal of some kind, which, nevertheless, may be better fitted for some uses than the natu- ral material. If the aovanlages of the so-called Carboleine, lately discovered by Weschnaekoff, (a mixture of small coal, and probably refuse fat,) and so highly extolled, prove to be well-grounded, its higher price, as compared with pit-coal, will be fully compensated hy its more concentrated heating power, and prove of advantage to steam navigation. All ihe experiments which have been adduced, give the comparative quantities of heat which can possibly be obtained from (he fuel, ex- * The objcoiion duiiMt in ihv text to the use of hai fai a Mate of powdpT. htu t*een ennpleuly removed in [imciice in kWiu wotlu, hoilnr Stat, fan bf eoTonnc the MitRc« of the ([inlr* witb lunifi* of Muitlaioiic, Unioioue, tai.. ifaorubf pn<«Diiting lh« powder lulling ttiruugl) like Knite«, anil vpicmtin^ ihv tuppiy of air il>rou){li the pnnjoloi of ibe liift lyiriK on ihCM^ lumps.— T. R. An(lincit« iluM it «xtM<aitet}' tiieal iifiH«T vienm boiWi anil for other nvftil pomWM^ JIt QOnbiUlion brinit \iv\n up by forcinn lir ihroiiKh it wiUi *. powcrAil 6a\ biftst li hu iilw twcn M>nT«itC[l ii^io oomtnittiUc (itk-lB wiili eoai Uc4iuut pn works, imd lued in THt APPUCATIOK OF HUT. t pKflsed ID quantities of water beatetl, or of steam geDeniled. Thrjr, tberebre, express tbe greatest amount of heal whid tbewcan aAird. If tbe quantitT of beat actually obtaiaed in practice, and made avail- able, accoTxiing to tbe present state of our arts and manufactures, be placed in comparison witb this, we sliall iiad that it is exceedingly small. A considerable portion of tbe beat, therefore, whicJi is dormant in tbe fuel, is either not evolved in practice, or is Io5C, and not made available. Both ca^es occur; but that we ma)- better perceive the sources of this loss, it will first be necessarrtoobtain a knowledge of tbe principles upoo which the application of heat depends. Of the Apfiication of Heat. — The application of fuel to practical purposes is called heating, and the object of it is (o evolve the heat from the fuel as completely as [Mxssible in suitable arrangeraenls (stoves, fires, &c.), and to conduct it, without loss, to the purpose it is intended to serve. This latter is either pureljr industrial, in as much as the heat evolved is made to aid tbe conversion of raw material into the objects we stand in need of — all fusing, melting, boiling, roasting, forging operations belong here — or it is one of daily occurrence, namely, the heating of those spaces which we inhabit during the cold season, the htaimg of dwelluigs. As tbe other cases will be more fiilly treated of in describing tbi.' various arts and manu* factures, we shall first consider the heating of rooms exclusively. Tbe chief object of beating is, to maintain, b^- means of fuel, tbe air contained in the room at a temperature required bv our physical wants, and lo preserve its temperature above that ot the ookl air without. It happens, however, that the power of air to transfer or conduct tbe beat which it hns received through its mass, is very smalt, and any quantity of air would be heated witb diflictilty and ver}- slowly, if a current were not produced in it at the beginning, which must be considereil (he chief disseminator of the beat. Tbe layer of air im- mediately in connection with the heated medium, (the s'uics of the stove,) undergoes, as soon as its temperature is raised, an increase of volume, and consequent diminution of weight ; it is, therefore, imme- diately forced from its position by colder air, and is compelled to betake itself to the higher regions. The previously colder air under- goes the same motion, and so on, until, at length, the whole quantity of air in the room, in the course of this current, has come into contact with the healed surface. The velocity of such a current is, therefore, dependent upon the extent of the heating surface in general, and upon the diflerence of temperature between it aud the heated room, or, what is the same thing, between the Rurface of tbe .stove and tbe cold air; it is not, however, in direct proiwrtion with it, but is in the ratio of the square root. If the air in the room, for example, is 69° Fah.) and the surface of tbe stove at one time 176'^, and at another 112°, tbe current in tbe latter case will be , P^ ^ ^^ . -i_ ' \212— 59 1.14 more rapid. Lastly, as heat from any source is communicated by radiation, as well as by conduction, the more distant layers of air 90 TBB APPLICATION OP HEAT. become 'n-armed in this manner, and carried ap by the current. Iti'^ (his manner, the heating of rooms would be a ver}- easy matter, and would be ejected quickly, and at small cost of fuel, if several cir-* cumslances did not occur vrhich cannot be avoided, and by which a constant withdrawn! of heat, and loss of heated air,aregoingon. First, the walls of the room, the windows, and doors, will constantly take up heat, ntid evolve it again externally; secondly, the air in the interior being warmer and lighter, wilt not be in equilibrium with the external air; all crevices, therefore, in windows and doors, and parliculartjB the opening of these, will allow cold air to stream in from below, whilst hot air passes out above; lastly, it is absolutely necessary that the air which has passed through Ibe lungs and the skin should be replaced, in other words, that rooms should be ventilnted. According to Muake's estimate, the loss, after deducting what is necessary for ventilation, amounts in 12 hours to 5 times, and according to another estimate, to 6 times the quantity of heat that is required to heat the air of a room of ordinary dimensions, 36*^ Fah. In individual cases, this quantity must always viuy, and be expressly determined. This loss is partly compeitsated by the vital heat of the persons present in the room, as also by the lamps and candles which are burnt ; but it ia certain, that Ibe greater part of the fuel is not consumed for the pur- pose of beating the air of the room, but in order to make up for the constant loss which we have noticed. Proper arrangements, for instance, double windows and doors, which enclose a stagnating layer of air, materially lissi-n the loss of heat. During the lime that a door is open, the warm air will stream out from above, and the cold will enter from below ; and this will take place the more rapidly, the greateCj the difference of temperature between the two. Hence it is very advantageous to allow the doors to open upoi warmed ante-rooms. It must, of course, be understood, that no state ments can be generally applicable to all localities. The amount of loss may, however, be empirically found in every case, by ascertaining bow much the temperature of a room sinks in a given time aAer the extinction of the iire. Heating the air in the manner described, w^h always eflected by one arrangement, in which the combustion of tbit^| fuel, and the conduction of heat are combined. The manifold forms and shapes which are given io these arrangements, do net prevent our distiDguisbing three distinct parts : the s-pace in which the com- bustion lakes place; the space in which the heat exerts its influence^ and, lastly, the chimney, which is partly necessary to create ihd draught of air, and partly to carry oflT the products of combustionj The two primary conditions which every arrangement must satisfy^ are, the maintenance of a temperature capable of consuming tbe material, and the supply of air (oxygen) necessary for combustion. A want of either the one or the other, is invariably attended wit imperfect combustion, and consequent defective evolution of heat, circumstance which can never be altogether remedied in practice. The air that is required for combustion is sometimes supplied, as ti metallurgicprocesses, by machines fgr that purpose; but in most CG THE APPLICATION OF BEAT. « as in room-sloves, kitchen -ntnges, boiler- furnaces, &c., the heat itself \a used M a means of supplying the Bre-place with air; this is done by chimneys, which are essentially nothing- more than a chaooel lead- ing to a certain height above the fire-place, the diameter of which, whateTer may be its form, must correspond, uitliin certain limits, with the size of the fire, and communicate freely, above and below, with the air. The column of air which oecupios the interior of the chimDey, is kept in equilibrium by a column of equal magnitude without ; a stale of things which cesses, however, as soon as the fire begins to warm the internal colnmn, expanding it, and rendering it lignter. The equilibrium is then destroyed, the external air enters the space left vacant by the ascending inner colnmn, is again heated in its turn, and gives place to another quantity of coW air, and so on; in short, a draught is created which lasts during the whole time of combustion. The superior gravity of the externtil air increases and diminishes with the height of the chimney, and its temperature. We know that air is expanded jl.th of its volume for ever^* additional I'^C. of temperature, or ,J)d part oy every degree Fahrenheit;* in a chan- nel of equable diameter, this may be measured directly by the height. If A represent the height of the chimney, t the difference of tem- perature between the external and internal column of air, we have h jsH" — An 7HT ) ™ ^'' ^ ^^^ height of the internal column 493 \ 493 / of air, supposing it to hare the temperature of that without. The former i^ therefore, shorterlhao the other byA — A',orA — Am __\»Ai 3 diflerence of height through which this must pass in order to enter the chimney. The velocity which it has acquired at the end of its descent, is just that with which the air in the chimney is moving, and according to the law of falling bodies, just double that of the ac- celeration gained during tlie descent. t For the present case, in which 2 lgJl_L as the velocity which f M -—, , we have therefore, c ~ 2 I g " ^ must obtain according to theory. The formula, however, is based apoo assumed conditions, which are never actually present in practice, and experience has shown that the real velocity in a chimney, on ac- count of irregularity in the walls, and retarded Oow of air through grate and fuel, as well aa on account of the altered chemical nature of the latter, &c,, remains so far behind the theoretical calculations, that the latter cannot be made use of to ascertain its real value. lliese circumstances may partly be made the subject of calculation, * Thii w aooording ta Uh doterminatioiu of Rwlb«ig, BvgoMilt & Mftgnuft^ — Ax. E», j- If c nprcMnt tibe tpuv vhii-ti i> traveiMxt by a body falling ftwljr in « oecondi te tMW I. and C the Kei|aind valociiy, w« obuun t^2 gt. Aiul faecanua th* tfweo bBiwasd iB ptO|M)rtiaHil id ifa* •qnara of llw lino occupied, or t^gC, it ft>U(>iira tbu , and li«n«e c B 3 ; /Tae) 92 THE APPLtCATtOH OF HEAT. SO far at least as is necessary to understand the mode of their action. The friction vhich the current of air suffers against the inner side* ofj the chimney, is aa olislacJe of some importance ; the force of the cur- rent coming in contact wilhthc rough sidt-s, ispiirtially broken, and this must increase with the number of the irregularities ; i. e., with the height of the chimney and (he force with which the reverberation occurs, or with the velocity of the current, and depends, lastly, upon the nature of the material composing the chimney. Common brick- work covered with mortar, oilers much more resistance than cast or sheet iron. A narrow chimney, under the same circumstances, will act more unfavorably than a wide one, as iu tlic latter the greater portion of the column of air will pass through the centre of the chim- ney, and not touch the sides. In a very narrow channel, everj' par- ticle of air will come in contact witli the side. The friction, therefore, generally decreases with the increase in diameter. The actual velocity of (he current has been found considerably under what it should be, according lo calculation, even when those influences which have been mentioned, and the amount of which has been determined by experi- ment, are taken into consideration. This is explained by adventitious circumstances, as the want of regularity in supplying fuel, accumula- tiou of soot, stoppage of the grate by asli, &c., which always occur more or less in practical manipulation. As the increase of diameter and of temperature in the chimney are means of partially decrea&ing the friction, it becomes interesting to know how far these can be practically applied. It is clear, from what has already been said, that the disadvantages accompanying the heightening of the chimney may be avoided by widening at the same time ; but calculation proves that this must cease when the height of the (round) clitinney exceeds the diameter 30 or 40 times, therefore, very soon. By an ingenious contrivance, these narrow limits have been exceeded. The contrivance is thi!>; the mouth of the chimney remaining of the same size, the remainder uf its length is very much widened; thus the necessary quantity of air passes tnrough the grate and the fuel with the same velocity as before — and this is the real object of the draught — but spreads itself out afterwards in the wider channel, flowing, consequently, with less velocity and proportionally diminished friction. Calculation shows the greatest advantage to be obtained, when the mouth is ^ih the width of the chimney; for it U obvious, that, with an increase of width, llie mass of brickwork, and with it the amount of cooling which it occasions, must trtm increase. There will, therefore, be one point, where the advantage of di- minished friction will be counterbalanced by the disadvantage of cooling. The principle upon which the construction of chimneys is based, supposes the draucht to increase in proportion as the tempera- ture of the interior exceeds that of the outer atmosphere ; this, however, occurs in a less proportion (in the ratio of the square root) than the increase of temperature ; so that above 4SU° Fab., no increase of draught is obtained, when the height of the chimney is 20 times its H£aT1!(G AILRAXCEMCITTS. M I brradlh. When one portion of (he rkimofj is horinntal, do gmtl dlScnocc IB its action is fibs^ rrable, if the eotirr li«ig1it is not di- nUaisbed by it ; bnt the fiiction aad cooling effect are sofDewhat increased. All conlraciions abo%'e the mouth musi, however, be cjire- fulljF aroided. Lastlr, it ts vortby of remailc, that ike wind generally exefis « retarding indueoce, which is difficalt to orerpame ; ibis can oolrbeeBectedbybetghteningihechimneTand increasing the draught, or oj adapting some arraiii;ement to the mouth so as to prerrat ike presBDre of the wind from acting below a certain hfighi. The iDOSt important part of the fire-place is the support for the fad, inasmacb a£ Ibis is open Id alTonl access for the air; It is called the grate. The spaces between the bars of the graic should be wide eooagb lo allow the ash to fall through, and at the same time nanov ewragb lo keep back the coal; ihey form togeihrr the entrance to tke cbiiooe^'. The form of the bars and ibeir distance from each other have, consequently, a considerable influence upon the draught. The section of the bars must be such as to allow the spaces lo be wider on the lower side; and strictly* they should together form an opening which is to the diameter of the rhimney as 1 10 4, such ■ relation having been shown to be practically the best. But a gr«at part of the surface of the grate must always be .slopped and rendered ineffective by rhe fuel upon it; the amount of this obstacle will vnr^ with the kind of fuel, and can only be estimated by experience. In fact, the number of spaces must be at least 4 times that calculated from the section of the chimney, and therefore collectirely they must have the same area of openiiiL' as the latter in order to work well, tnd their number mii.<rt al.w depend upon the quantity of material which the fire-place is intended to consume at one time. The greater the beating power of the fuel, the wider may be the grate, anil nee versa. The grate may be altogether dispensed with when wood is usedp and holes in the door may be substituted for it. The shape of Ae grate is of le.ss importance; but when it aids the unifenn sink- ingof the fuel, when it is deepened or basket-shaped, &c., it may msterially assist the process of combustion. Of heating arrangements in general. — lo order thoroughly to under* stand the principles of applying heat, it is necessary to remember (bat the heat evolved from fuel is disseminated to surrounding bodies in two ways, by radutUon and by immediate contort. Peclet has exa« mined these points, wiih the aid of a very ingenious apparatus. He surrounded fuel, contained in a round wire basket, with a ring-shaped vessel, in such a manner that the quantity of water contained in the latter could only be heated by radiation from the surface of the globu- lar basket. By comparing the size of the radiating surface with the quantity and (be temperature of the heated water, it was found that the radiated beat from wood was ^, from wood charcoal J, from coal about as much, and from peat and peat-charroat ^'j of the whole amount of heat evolved. The radiant heat is therefore nearly always the smaller quantity, and on that account, the arrangements in which it is only emjiloyed for heating the air of dwellings, are not advan- tageous. Nevertheless these, which are called fire-places or hearths, and belong to the inost ancient modes of heating dwellings, are still the most common in many coiinlries. The chimney opens as usual into the room, and at the tower part, a few feet from the 6oor, it widens, forming; a recess, at (he bottom of which is a kind of basket or grate for the fuel, fixed in stich a manner that the fire bnms unenelosed in the room, but the smoke jiasses off by the chimney. The air, therefore, flows from ihe room to the fire, becomes heated and paiises off — and this constitutes the great evil— directly into the chimney, without having an opportutiity of parting with its heat for any iiscfnl purpose. In addition to this, the quantity of air cannot be regulated in an open fire, and a considerable portion of the warmed air of the room is nselessly carried away by the draught. The only way in which the fire can warm the air, is consequently by radiation. All the improvements made by Rumford and others upon open grates* tend, therefore, to facilitate radiation towards the room, to make use of the escaping air as much as possible uitliout injuring the draught, and lastly, to regulate the draught. With this object in view, the grate is brought forward as much as possible from the wall of the chimney, and the sides of the recess are so formed, that their loner surface, acting like tlie rolleclor of a lamp, shall collect the rays of heat, and reflect them into the room; moreover, the size of the recess has been lessened and filled with dampers to avoid a loss of heat, and yet the loss is still very much greater (ban in the other arrangements. The iHst-mentioned object has given rise to a new method of healing, which combines the advantages of an open 6re with those of a stove, and has, consequently, been called the store fire-place. A stove of this kind, invented by Desarnod, stands for^vard isolated in the room, and instead of being immediately connected with the wall of the room, has an iron plate at the back, above which, through a slit, the smoke passes olT, and after circujaling, is carried to (be chimney. The room is then warmed, not only by radiation, but also by the im- mediate contact of the air of the room with (he heated iron plate and the tube in which the smoke circulates. The thorough circulation, occasioned by an open fire, as well as the agreeableness of seeing the fire, which is certainly great, are reasons in favor of continuing this mode of heating in countries where the winters are not too severe, and the summers nut too hot to allow of its adoption.' OfStoifes. — The arrangement by which combustion takes place in the room, but, with the exception of the grate, in a closed space, and by which the heat evolved is coramiinicaled first to the sides of Ibe eaclonng space, and from these to the atr of the room, comprises the difTerent kinds of cJmmber stoves. Whilst in an open lire, the heat is communicated immediately from it, and no hot chamber Is really present; this generally forms the most Important part of the stove, and is of considerable extent. The communicalion between the * Tht A|>|ierHllz will coniaiaa dsKiiptian of •onte of the monnceni iiapmvcnieoM M STOVES. 05 I I I chimney and the hoi chamber is generally effected by means of sheet- iron pipes, which are no unimportant part of the store. In the ^ater Dumber of dwelling-houses the chimneys are made so wide, that a man may ascend them for the purpose of sweeping; the chimney thus exceeding the proper dimensions, ceases almost entirely to cause a draught, and only serves to carrj- off" ihe smoke ; the draught must, therefore, be effected by the smoke-pipe. This pipe ascending in the room, and surrounueU by Ihe air, may be viewed as a continua- tion of the hot chamber, and rery much adds to Ihe effect produced by ibe latter. In addition to the requisitions made upon a hot air chamber (page 89), stores in particular rei^uire that the healing ehnmber should be correctly proportioned to the quantity of fuel, which must depend upon the size of the room, the loss of heat that will occur, and upon the rentilation. The heatine; chamber must hare surface enougb to communicate the heat which it receires in a eireo time, and in such quantity as will compensate for the loss of neat from known causes, supposing the quantity of fuel used to be ia Ihe right proportion. The materials whith are u.'iet! for the constnic- tton o[ stores, are cast iron, sheet iron, bricks and mortar. It thus becomes necessarj- to know the relative degree of facility with which they communicate the heat they receive; for we know, from daily experience, that iron conducts and communicates beat much more readily than clay. This power of communicating depends, indeed, upon two tbinG;$, and iu the first place, upon the power of conduction, which, accordmgto Despretz, is nearly 33 times less in clay than in iron,' But the beat has to be communicated not only from particle to particle throughout the material of the chamber, but also from its suiiace to the air, which occurs partly by contact and partly by radia- lion, the different surfaces acting in very different manners in this respect. By both methods together, this communication of heat from Ihe surface to the air is, accoi^ing to Peclet, in sheet iron 1.21 times, and in cast iron twice as rapid as in clay; so that, under similar cir* cumstances, the iron will in the same time give off* 33 X 2 n 66 times, and sheet iron 33 x 1.21 = 39.93 times as much heat as clay. In order, then, to obtain Ihe same eff*ect from a surface of clay, il must be 39.93 times larger than one of sheet iron, and 66 times one of cast iron. Iron stoves, therefore, heat and cool quickly, clay Etoves the reverse. The object in view must always decide to which the pre- ference should be giren. When the fuel h consumed with that degree of rapidity which is requisite to the evolution of the entire amount of heat, this is given off* with far greater intensity than is appropriate for the beating of dwellings, which should have a uniform temperature ; i. e. for this purpose a complete but very slow evolution U required, that the air of the room may, as nearly as possible, be kept at a temperature of 2C C. (68° F.) It will easily be under- * Pmlet hu flombonted tfala auutnunt tiy rwcni vxpcrimvni».accor(lin|i ta whicli, plUM of 1 «|inK metro snttiMM. sad 1 nun. thick, «l » Uinip«raiure o( 1° C, oJInw IkaI to pwa ihrovcli in llw relaikxi oTclar to Uon «a 0.34 : 7.9& ^ I : S3,i. 96 fl BATING. stood that iron in not the most appropriate material for this purpose, as it tliKseminarvs its Kent as quickly as it receives it. Clay, for the contrary reason, is deciiitHlly preferable; with whatever degree of rapidity heat may be commimicati'd lo it from within, it always gives it out much more slowly and gradually. Inasmuch as more heat is amassed by clay than is at Brsl giren outf a kind of accumulation is made, which is as advantageous as it is agreeable in regulating the combuslioti. In Germany, a distincUon is made between ihe common iron J^iiunf^-sfove, which from its cheapness, durability, and the facility with which it can be manufactured on a large scale, is com* monty used, and the so-called Massen-ttovCf' in which the heating is not effected through the walls of clay, or iron pipes, or both together, but the heat accumulated during combustion by a solid mass of stone is gradiiiilly given out from it when the fire has be^n extinguished. From the given quantity of air ( = A) which the stove must hourly heat (to t°) lo make up for the loss by cooling and ventilation, the requisite amount of clay surface may easily be calculated. The mean M'eigbt of 1 cubic foot of clay is 125 lbs. ; 1 cubic foot of air, at 60*^ F., weighs 0.07575 lbs. ; therefore, 1650 limes less than an equal built of clay, and the same amount of heat produces the same rise of tempera- ture in like musses of both bodies. The specific heat of air and of clay are nearly ^ih that of water. The heat, therefore, required to raise 1650 cubic feet of air to the desired temperature, or t*^ above the outer air, will be sufficient to produce the same eflect in 1 cubic foot of clay. The latter, however, becomes by the action of the fire, much hotter, and warms the air of the room by cooling gradually from i maximum temperature = T° to a temperature t'°, which is still sen- sibly higher than l"^. The heat evolved during cooling will warm a greater body of air to t° in the ratio of t° : (T — t'}°, wnence we ob- tain Q => -= _^-__, as the volume of clay corresponding lo [ 1 — ^ t ) louO the body of air to be heated. In the greater part of Germany, Lw- tung-sioves are employed, but in the North [Sweden and Russia^) the Massen-stove is preferred, and is sometimes used as a bed. Heating by menns of channth orjlues. — Another mode of applying heat, and the most ancient mode, having been used by the Homans fhr heuling thfir baths and still common in hot-houses, &.C., is that by means of flues. The hot gases and smoke produced in a grate placed below, and on the outside of the space to be heated, are con- ducted through a system of channels under the floor, where they part with their heat and then escape by the chimney. Unfortunately, this mode of applying; heat, certainly the best adapted for dwellings, can only be managed in the lowest floor of the house, and even there with difScuUy. Of course, in healing by means of flues, care must be Taken to allow no heat to be conducted away below, by lining the * TliE distirH'tjun beiweun the Ccrmaa LeilungiiJ'rn itiiJ AfaurnSftH i« *unp!]r thU, tiratilie (brwei ii iiin(1«DriiienUlJc maleilaji, auit ttie taller uTvlnr.liriclu.uiufwlut ara known u " Duidi tllei." > i ttKATIXO. m I lover put of the fi\it with rubbish or non-conducting substsnce. Heating by Hues only liiSen from that by stoves, inutouch as ihey are in difierent positioos as regards the nx>m; aa (he fire in the littex it bclowt the conducting pipes or flues maybe brought under the floor, fhnn whence the heat is belter circulated IhrougfcKMil the nxnn. In one respect ooIti the two &rea or stoves differ distinctlr from each other; the stove, viz: to which flues are adapted, ahouM itself ooa- duel away as little heat as possible, all being reserved far rliseemiBa tion bj the floes. Oemtmg by mnns of Uot j^r. — In cases, where, for the sake of ele- gance, safety (in prisons, ^.), or from want of space, the stove is better removed from the room, the necessary quantity of air can be healed in another part of the building, and conducted by pipes into the different rooms. This method has very improperly been called heating by hot air — a name which applies e<)uaJly to every naode of heating roomis. It is evident thai the air already in the apartment must be able to make room for the curreot of warm air. Kither no par- ticular altentiou is paid to this, and the air is allowed to escape by crerices in windows, by opening doors, &c., or the portion which has been used and become cold is conducted back to the stove, again heated, and then performs a second ctrculatiou; or lastly, the air of the room is ronducled lo the stove, not, however, to be warmed again, but for the supply of oxygen to the fuel in the interior of the stove. The second case combines the great evil of imperfect ventUatioo, which can only take place by casual openings of windows or docws, witli a certain economy of warmed air; but this is only apparent, for the more perfectly the room is closed, the sooner it will be necessary lo remove the vitiated air, and supply its place by a fresh quantity. The last method causes a saving, by supplying warm air to the fiie from the room, instead of cold air from without. If 1 lb. of air-dried wood requires 5 lbs. = 66 cubic feet of air at 32° for combustion, and when, moreover, according lo Rumford, 26 lbs. of water will be heated by it to 212°, or 4 x 26 »- 104 lbs. of air to 212°, oc 180x104^^^^ ^^^ of air to 68°: then the temperature of 6ff* (ioatead of 32°) at which, in the present case, by way of example, the 1x5 air b famished to the fire, will correspond to a consumption of — --. 620 w nearly 0,01 lb. of wood, which mnst consequently be saved. This saving of 1 per cent., or something more, when the tempera- tore exceeds 68°, is too small to warrant any particular arrangement ; hence, practically, it is better to unite the two latter modes. The air which has then circulated for some lime, may be allowed access to the health, and be replaced by air from without, the heating of which will then cost just as much as has been saved by empbyiag the other for feeding the fire. Supposing that proper change of air can be efleded in a room by means of door^ and windows, the first method wit) necessarily be highly advantageous; the air streaming in will force I 98 HEATING. out that alreadj in the room, and thus produce a state of things in which the tendencjf of ihe external air to force its way through the crevires «ill cease completely, and with it all the disadvantages and evils which attend it. It is quite certain that the loss occasioned by supplying the fire with cold air is counterbalanced by the advanlage gained. For buildings in which the rooms arc irregularly heated, some* times more of them and sometimes fewer at once, the method of heat- ing by hot air is not desirable, because the proper relationship between the dimensions of the stove and the supply of hot air, is thus destroyed, In other respects, a great saving is connected with it, for the number of stoves is diminished to one, and the fuel in thai one is more com- pletely used than if it were distributed amongst several stoves; lastly, the advantage of a uniform, equable heat given oS from the floor, fully compensates for any loss of heat occasioned by the transit through the Hues. [HeaiiTtg by Flues from .Anthracite Furnaces. — The general intro- duction of anthracite Into domestic use in the Atlantic states has given rise to a variety of arrangements for beating private dwelling, in such a manner as 1o dispense with open fires. So far as the e<lilor of this work is aware, the iirst plan for this purpose was devised and applied in his own family, about the year lb24-25, when a large house waa healed by means of a furnace in the cellar, surrounded by an air- chamber of brick work, and having its gaseous products of combustion carried first through a double cylindrical drum on the first floor, then through a pipe to the third floor, where it passed a second simple dnim, and thence out through nii aperture in the upper part of the building. In an apparatus subsequently constructed for the same pur- pose, the position of the furnace was similar, but the fire was also employed for culinary operations as well as for heating the air of apartments. The description and publication of the plan of eSecting the great saving of fuel, labor, furniture and health, which this mode of using anthracite had been found to produce, appear to have given a considerable impulse to the adoption of that as the chief fuel in all the Atlantic cities, and to have led to the devising of numerous raodi- iications in the details of apparatus, none of which, however, seems to possess any thing essentially diflerent in principle from the one origio- ally constructed. The following general views are abstracted from a description of the plan' published after a full experience of seven or eight years had tested its usefulness: — "The expensiveness of fuel renders it desirable to arrange houses so as at once to limit its consumption, and to secure an ample sup- ply of wholesome air. The latter requisite is too often sacrificed to the mere elevation of temperature. Not only is the composition of the air allowed to be deteriorated by frequent respiration, but its hygrometric state is sometimes such as to operate most injuriously on the system. Nature, in general, svipplies our lungs with air capable of receiving from them some portion of moisture^ if this portion be • * Sm SUUcnui's AnwrlcBD JournBl of Scieaca sod ArU, No. 3,toL zxiii., Jan. 1833.- Ed. BEATING. 99 wt P either loo great or too small, thelungi^, nnd eventuall will tiuBer either from the excess or the deficieney. To regulate this quantity is one pari of our own dtily, and is accomplished by supply- ing water for evapKiralion in the air-chamber. " The general plan consists in placing in the basement slory, or in the cellar, (as the case may be,) a single furnace capable of enecting the combustion of as much fuel as will be required to heat all parts of the house. Where anthracite is employed, this arrangement is, perhaps, more desirable than where any other fuel is used, because the labor of attendance is then reduced lo an amount utterly insig- nificant, compared with the expense of fuel, and extremely small compared with what it would be with other combustibles. *'The furnace is either of cast or rolled iron, the latter being prefer* able on account of its lightness and pliability; the former, for its resistance to corrosion and for cheapness of material. A stove or furnace, formed of either of these maleriats, is placed in the basement or cellar, and surrounded, except in front, with any $ub$tance suitable for forming a chamber to receive air at the bottom, which, after ascending around, and over the surface of the iron, passes up through openings in the floor, or through 6ues iu the walls of the house, or through chimneys formerly used to conveyihe produclsof combustion. The front part of the furnace is made to join the enclosure, allowing access to the lire, but not admitting a commuuication with the hot air-chamber. "The air to supply the combustion is taken either from the apart- ment immediately around the furnace, or, what is preferable, is con- ducted to the grate through a trunk descending from the floor of one of the upper heated apartments, In the latter case, it serves to carry down the colder parts of the air of the room in proportion as the warm air rises from the furnace to lake its place. "By the arrangement above described, the fire is left open, and at liberty to be used for culinary purposes, while the hack of the stove or furnace is employed to heat air for supplying parlors, chambers and passages. "The air to be used for this latter purpose is derived from a source not subject lo any species of contamination. It is generally advisable to receive il through a conducting tube from the open air, and to keep it separate from that which supplies the combustion. "Pipes of conduit are employed when several stories, not connected by an ample stair-case, are to be kept at uniform temperatures, but the opening or closing of doors is otlen sufficient to regulate the heat. soon makes its way into every open It has been found by experience, that when once admitted into the lower apartment, the warm air apartment in the house, ** By the adoption of this plan wide chimneys are rendered useless ; occupying a great space, they carry off the hot air which is sent up from llie furnace. .\nd yet they do not perform well the serrice of ventilation, since tbcir apertures are below the proper level for that purpose."] 100 HBATI50. Pi|. II. Of Heating by Water. — From what has already been stated, the principle upon which the method of heating by air is founded, is this : that the heatcotnmunicaled to the air by a central fire, is carried with it to the varinus places, rooms, Slc., In be heated. Instead of directly wanoing the air, in many cases an intermediate body, water, is em- ployed, which receives its heat in like manner from the central fire, and on being conducted to the different parts of the building, again emits it. The water, therefore, only serres to convey tbe warmlh, and from its great specific heat is peculiarly adapted for that purpose. According to Oelaroche and Berard, the quantities of heat in equal weights of water and air at the same temperature, are in the ratio of 374.6 : 100; or the heat which is liberated when water cools down 100°, is sufficient to rai^e the temperature of 3.74 times as much air to the same amount. Here we have, therefore, an analogous case to that of clay; the heat which is required by a given quantity of air can be retained in a much less quantity of water, and thus, as it were, become accumulated. This is the case to a much greater extent when water in the form of vapnr, is made tbe purveyor of heat; for in pasfing into tbe state of gas (vapor), water absorbs 5.72 limes as much heat as is required to heat it from 32° to 212'^, and this quantity of beat produces no increased temperature in the steam, it cannot be recognized by the thermometer, and becomes first apparent when the vapor is again condensed. Conse- quently, 1 lb. of vapor at 212°, will, in condensing to form boiling water, give ofT sufficient heat to raise the temperature of 5.72 lbs. of water, or 3.746 X 5.72 = 21.4 lbs. of air 1o 212*^, or 107 lbs. to eS"". Both iRodes of applying water arc in use, the one is called heating iy umter, tbe other heating by tteam. The warm water must necessa- rily be renewed in proportion to the amount of heat required by the room, and to avoid tbe trouble of coustautly changing the water, it must circulate in such a manner, that the cold water shall flow off and be constantly replaced by a fresh supply of warm water. Fig. 11 .«hows the principle of the circula- tion. The heat applied to the ves* sel a at the bottom will be Orst com- municated to tbe lower layers of water ; these nill become expanded And specifically lighter, and must con- sequently rise to the higher parts of the vessel; at first, therefore, to b^ HEATING. .- 101 fironi thpnce into the tube c, and at length to d. In proportion alrlS'^^' rise, bo^vever, cold water must flow dowuwards in e, if no vacuum is To be formed ; and thiii constant motion is kept up as long as any difference of temperature exists in the different parisof ihc apparatus, and never ceases, if the warm water is cooled in its course and the difiereDceof temperature thus rendered constant. It is obvious that a may he an open vessel, into which the ends of the tube dip like a syphon, but then much heat will be lost. The heat itself is, therefore, the motive power for circulation, which is so much the more rapid, the less cool- ing and other obstacles are placed in the way of the ascending cur- rent. In England, where water heat has been much introduced by Perkins, closed boilers are used, which can be heated after the man- ner of steam-boilers, or the pipes themselves, without any boiler, are carried through the stove in several revolutions. The dimensions of the lire and the conducting pipe must be 6o proportioned, t. c, the cooling must take place so rapidly, that no steam can be formed. To avoid all danger from explosion, which unforeseen production of vapor by over-heating might possibly occasion, safety-valves must be intro- duced, and compensating pieces, to prevent the bursting of tubes by the expansion and contractioa of the metallic masses. The latter is euarded against by connecting the ends of the pipes with a stuffing- box, instead of with screws, thus combining moveability with a water-tight connection. There must also be tubes at the top of the conducting pipes, as at m, for the escape of airj which is evolved from the hot water. The quantity of water, which is to be conveyed per minute from the apparatus to the space to be heated, can be determined in the following manner. If A represents, the air in cubic feet, t" warmer than the ex- ternal air, which is lost every minute and must be replaced ; and if 1 cubic foot of water is 837 times as heavy as 1 cubic foot of air, then A cubic feet of air correspond in wei^t, with -. - cubic feet of water ; 837 but the heat which raised the temperature of A to t°, is only capable A A of raising the Jth part of this -^ — or more correctly _ — , to 837 3.746 x 837 the same temperature; in other words — ---cubic feet of water in cooling t° will raise exactly A cubic feet of air to the same extent. But tbe water in the pipes has a temperature of nearly SIS*^, and gives oil' from 100 to 126° of this, or cools (T — l')*^, thi-refbre, as much less water will be required as (T — 1')° Is higher than t°, namely ; :iiL_ .= ^i! ,j_- Q cubic feet = Q 62,5 3.746 x837(T—t'°) 3135.4(T— f)° . lbs. of water per minute. To accommodate the conducting pipe to the production of such an effect it is necessary to know the velocity with which water moves in pipes. The determination of this is the same in principle as that of the draught in chimneys, only that the friction of the water is somewhat different from that of the air. The velocity, I" 10-2 BEATIKG. '.•togietKer vitb Q, gives the dinmeter o( the pipes, and the latter the >, j\ainiensioiis of the fire. The ascendiog pipe is protected as much u possible from cooling by badly conducting substances, and is not beni, the descending pipe on the contrary is furnished with every facility for communicating heat to the air of the room. When the heat is to be communicate<l over n very extensive space, the water becomes too cold in the last rooms ; it is well in that case to supply each half of the space with a separate set of pipes. Steam acts more energetically than water, and less of it is conse- quently required. As 12.3 cubic feet of air at 32*^ make 1 lb., then A cubic feet in the former equation will weigh -^^^-^Ibs.^ and will be heat- ed bytbe condensation of 12.3x3.746X5.72 12.3 lbs. of steam of 212^(0 form At^ boiling water (of 212°), and consequently by — ^ ^ .^^-^^ x 5.72"x 180 = Q lbs. of steam to t° higher than the temperature of ihe external air. The pipes destined to carry ibe vapor to the place for condensation, are choHcn of narrow Iwrc (about 1.5 inch), and to avoid all condensatioo during llie transit, are surrounded with a thick covering of list or other woollen cloth ; the conden&ing pipes are at least four times as wide., mail't! of copper or cast iron, and must be so arranged that the air can escape when the steam is admitted, or this would otherwise very much retard its dissemination. These tubes should generally be rou^h and not polished, and the copper lubes should be painted or stained in a man- ner 1o give them the appearance and the properties peculiar to cast iron. To allow for the expansion in length, the same plan may be adopted as in the water pipes, or simply a bent piecS of flexible metal may be inserted into Ibe course of Uie lube, which by bending to a greater or less degree compensates for the expansion. It is not extraordinary that different bodies should condense steam in a very unequal manner according to the nature of their surfaces; Clement found that at a temperature of 59° in the surrounding air, 1 square foot of surface of a honzonlal cast iron tube, could condense 0.234 lbs. of vapor, of a bright copper tube 0.184 lbs,, and of a blackened copper tube 0.213 lbs., aquantity, which is somewhat increased by a perpendicular posi- tion of the tubes. However this apparatus may be modified, care must always be taken that the condensed water can Sow off; this is best done by a set of pipes on purpose, which convey it back to the boiler. Occasionally a quantity of water is expressly left in the pipes after the circulation, that the after-action (as in the clay stoves) may be obtained. In case of any sudden, unexpected, powerful condensation which would draw the water uji from the boiler, there must be a valve, which opens down- wards, somewherfi at that part where the vapor enters. Heating by means of air, on account of the lai^er dimensions of the pipes, occa- sions greater loss, than the two lust modes, which, however, are ac- companied by imperfect ventilation. In heating by water the appa- EPPBCT OF f CEL. 103 ntus is simpler, ihe temperature is more easily rpgulated, and the heat is not so suddeuly evolved as from vapor or steam, whirh latter, how* ever, can be used for mocli greater distances and heights than would b« compatible with the pressure of columns of water. It is obrious that in cither case the heating pipes may be made of any shape, orna- mental as columns or as stoves, and will then act in a similar manner to ftoves. Of the Victual {practical) Effkd of Fuel. — It has already been ao- Hcea above, that the actual efTect of fuel in practice is rery much below what it should be according to tlieory. llie causes of this are partly casual and external, partly, however, they retain to the nature of the process, and are consequently unavoidable. Of the latter, the maintenance of a draug^ht in the chimney is not the least in im- portance, and to accomplish it, a portion of the heat erolred must always be sacri&ced. According to p, 81, 1 lb. of dry wood requires on an average 5.94, or in round numbers 6 lbs. of air of 32° (=73.8 cubic feet): suppose this to escape with a temperature of 302^ Fab. into the chimney, the quantity of neat contained in it will be just as great aa that (in 1 tb. of air at 6 X 270= 1620 or) in Olbs.of air atSlf°,and consequently in 9 TuQ ' 2,4 lbs. of water at 212°. According to Schoedler and Peter- sen, 1 lb. of dry 'wood wU heat on an average 40.6 lbs. of water to £12'', the action of the chironev causes a loss of — '—^ w 0.06, or 6 ' - 40.6 ' p. c, and will increase with the temperature of the escaping air. The combustion in well constructed stoves is always more or less imperfect. In consequence of too great a withdrawal of heat by the walls of Ibe fire-place, or too great acces^of air — at least twice as much as is required by theory — and from an occasional temporary stoppage of the grate, and consequent deficiency of oxygen, a portion of the fuel has not ihe opportunity of uniting with oxygen and erolr- ing heat. It has, therefore, no altematire, hut to resolve itself under the agency of the heat into volatile, or non-volatile products, which are mechanically carried off by the draught to the remoter parts of the chimney, where they pass off as tmoke. The smoke has retained in its constituents the property of uniting with oxygen (bunnng), and thus of evolving a quantity of heat equivalent to that portion which is lost. The combustion in the fire-place, as above stated (p. 88), is thus partially reduced to a process of "dry distillation;" in fad, instead of the vapor of water, carbonic acid and nitrogen (from the air) alone, we find thtrse gases constantly passing off mixed with smoke, which collects as dry sooi. The so-called smoke-consuming arrangements io stoves are intended, although they effect it but very imperfectly, to complete the combastion afterwards, by bringing the smoke into con- tact with a stream of hot air.' Even the condensable portions of the smoke absorb heat (latent) in being converted into vapor, and still * Foe an woorai of Um ooatrinncM At d)« preveoiku of anohf^ na Appcwlub 104 EFFECT OP FDEl. more, (lie water formed during combustion, which heat for the moat part is ]ost. The loss, however, that is occasioned by the hygroscopic water, from which fuel is seldom freed (never for use in dwelling rouius) is much greater. This loss is of a two-fold nature, first because the water detracts from the mass, 1 cwt. of wood, for instance, only con- taining 80 lbs. of actual fuel, and then because the water absorbs so much heat in being converted into vapor. For this reason Ruraford's experiments (with common wood) give a less result than those calcu- ]ated from the analyses (with dry wood) ; it must not, however, be forgotten that the heat of the vaporized hygrosmpic walcr,in as much as it is condensed, is not lost in the calorimeter, as it is in practice, lis inSuence is easily calculated. Wood in the common state, there- fore, air dried, contains about Jth water, and only jths of actual fuel ; of the 40.6 lbs. of water, which 1 lb. of dry wood heals to 212°, '- = 8.1 lbs. arc left cold; besides every ^th lb. absorbs as much 5 heat as corresponds with j x 5.72= 1.14 lb. of water at 212°. Alto- gether, therefore, the moislure in the wootl causes a loss of heat = ?-I±Hi = 22.7p.c.- This clearly explains the economy of dry fuel. For common every day purposes it is too costly to dry the wood by artificial means, and fenerally not practicable ; for certain technical purposes, however, ry wood only can be employed, and the arrangements, in which the desiccation is effected upon a large scale, are very advantageous for fuel, which is obtained at one constant locality, like peat, &,c., as the worthless refuse of the pits may be used for heating the kiln. Fig. 12 represents a section of a drying kiln for fuel, first introduced in the ' For nwnpiilBlion* nn Uie nmounl or lirat pspcmlcd upon ilie mnislnrc tr«o«nitcri in. burniniC, un iliiil of the fuel itictf, on ItiD imiw )ii>umtE tolhcchinini-jr.nnil oil tbdconlrnb ofiliv twiloi, »«u Itxrpurt on Aiiierkiiti CuoU, pi'. dCI w 061— Ax. En. BPFECT OP PDEL. 100 French glass bouses. The whole space covered by a single roor is a long quadrangle, and contains six arched passages ji A A, 60 feet in length, (> fe«t broad, and 5 feet high, which may be viewed as separate stoves, each having its own fire c c c. Each fire extends underneath the whole length of the arch A A, and teiminatcs at boUi ends in a grate, from vwience the disengaged heat is cunducted to the middle, but also freely escapes along the whole length into the space A by the several channels cut in the sides g g. Theses double channels are at greater distances from each other in the neighborhood of (he grates (at the ends therefore), but are more closely approached towards the middle, that the heat may be more equably disseminated. The fires c c c are arched over for a short distance, above the two grales, and further on, covered with slabs of iron, and in the middle wilh sheet iron. Above this triple covering is a railway a a a o upon 'which iron barrows move, and into these the fuel to be dried is placed, and kept in the stove. The plates of iron, and the sheet iron are intended only to keep off* the fire, that Ibe contents of the barrows may not inllame ; every barrow contains about two measures of wood (Stecken.) Each passage A holds nine barrows and these are dried in thirty-six hours. In coniradiction to (he foregoing remarks, the action ol water upon burning fuel has been considered advantageous, and not without some reason. But a distinction must be made as to whether the water is brought into contact with the fuel in the gaseous or liquid state. It appears from the experiments of fiunsen and Fyfe, that red hot coal and aqueous vnpor mutually decompose each other into hydrogen and carbonic oxide gasea (and some carbonic acid), both of which, if suf- ficient oxygen be present, bum wilh the evoluiion of a while beat (o form water and carbonic acid;* the numerous obsen'ations showed further, that the increased quantity of heal evolved, was more than could be calculated upon from the consumption of fuel fur producing the vapor. If, therefore, sufficient air be present with the vapor to burn the gases which are formed, the vapor will be of service and produce with the greater amount of heat, a more lively ffame. The moment, however, that the vaiwr exceeds the proper projwrtion, and the access of air is thus diminished, the lemperature tunks, so as even to extinguish the fire. The be.s't plan is to place a vessel with water under the grale, so that Uie heat radiatingdownwards may cause evaporation without coat. In steam-engines the vapor which has been used is conitucted at once to the fire, instead of being condensed. An addition of water In the fuel causes so great a depression of temperature in being converted into va]ior, that the decomposition of the aqueous vapor can no longer be effected. Such a practice, which is not unfrequent amongst con- sumers of coal, should therefore be avoided, for in addition to this, * I [art nf ocbI, burnuig, iu>round«d bf mpot, fli>t lo carbonic cisi<Te ami i\yvn V> nfbooic acid, hcua 7S.IS of wnier ftom 3tf° lo 'il:j*>; 0.1606 pan* of byilrofen are lil»rainl ftl the tAnie itmt^ which in burning, heat 3V.S parls ma» wiiler. The ailnMi- 3fl 5 nee nined, ihcrcKim i« ^ '. _ ^ l.suppuaiiiE tlicmmbuiliantircsalinaiiiBOtti 78.l5-|-3!>.5 » ^» » * npoc lO be ailcnded by Uia tnine healiiig phenomenM n* in ihit air. practical experiments, instituted by the FranVfort society for tlie im^ provement of arts and luaiiufacturcs, have proretl the practice to be^ indisputably bad. A moderate mnistcning of small coal has, hov- ever, one advantag*", that of preventing its falling through the bars of the grate and creating dust, for when moistened, It cakes together and becomes more solid. It is still better to add about ^th of moist clay for the same purpose, which being disseminated throughout the mas!i of the coal, gives more abundant access to the air, ana the heat taken up, U given out again [in the manaer of the "massen*' stoves) more slowly, and consequently with more advantage. The experi- ment!: matfc by the society above-named, showed that small coal mixed 'n'ith clay, was even better than small coal alone. When moist wood is heaped up in one place, where there is no proper draught of air, in a short time a chemical change occurs, whlck is accompanied by the almost entire destruction of its combust ibilitf, and therefore requires special notice. It is well known that the deii wood ia the centre of old trees (where moisture, but no air has access), becomes changed into a white, soft, phosphorescent substance, which, when ignited, bums slowly, like wood that has been converted into humus, without any flame iu the same way as amadou, and with ft very slight evolution of heat. Nevertheless, In this mouldering pro-' cess the weight of the wood has undergone greater change than the relative proportions of the elements. A specimen contained, for In- stance, 47 per cent, carbon, and with 6 per cent, hydrogen orUy 45.3 per cent, oxygen; an excess, therefore, of that element above the quantity contained in fresh wood, which would tend rather to increase the inflammability of the substance. It is highly probable that the hydrogen existing in it, is already combined in the form of water, a supposition which the properties of the substance fully bear out. In the same manner a mouldering process takes possession of firewood under the circumstances named, and decreases its value as it destroys its combustibility and inflammability. The wood i»tbi said to be decayed. However interesting It may be to know the heating power of com' bustibles, obtained by good experiments, as pointing out the highest attainable point for practical operations, yet their numerical values are so modified and changed from what they originally were, by the concurrence of all the circumstances enumerated, that (he effects of the different kinds of fuel, in the present state of our arrangements for combustion, cannot be always correctly estimated by thejc data. The relative value aim of the theoretical calorific power can no longer be traced tn practice and viee versd. Lime-tree wood, for instance, should produce the greatest effect according to theory, although this is by DO means actually the case. Hence, an answer to the important question respecting the relative effects of different kinds of fuel tn ordinary fire-places has been obtained by direct practical experiments upon a large scale. Of course, such experiments will only be appli- cable with exactness to the kind of firing with which they were iindcrlaken. Some of the most trustworthy observations will here iollow. CrPRCT OF FUEL. 107 For warming dwellings it was found in a series of experiments, — in which ihp exitTiial lpra|ieraturc varied from + 6.8'^ (44" F.) to — 6.2° (21° F.), and the air of the room had a mean temperature of 15 lo 19*^ C. (59*= — 66° F.). and the smoke escaped by the chim- ney at a temperature of 75 to 100° C. (167° to 212° F.),— *hat 100 lbs. of air-dried cleft beech wood, effect as much as 48 lbs. of pit'Coal, — 40 (the smoke being cooled as much as possible) to 60 lbs, of mixed grit (or small coal) moistened with j',th of water,.— 44 lbs. of fatty grit with j\th water, — 37 Jbs. of coinmoD grit with .,»,ih water and Jth clay, and 38 lbs. of grit with Jth water and Jth day. It must here be remembered that the temperature of the tat noted was a mean temperature, or that existing at an equal distance from the floor and ceiling of the room. The observations prove, that the temperature of a room, afler equilibrium has been established, increasea towards the top, and for equal distances (for example, at poiuls 2 feet apart) in very nearly a geometrical progression, the quo- tient of which, however, is not the same under all circumstances. In one case it was found to be = 1.0727, according lo which the tem- perature rose in the following manner: floor 18.36; at 2 feet 18.36 X 1.072; 4 feet 18.36 x I.072»; 6 feet 18.36 x 1.072», &c. The action of coal upon steam boilers has been carefully examined by F)^^, who believes, that the heat produced by coal which is ac- tually made available in practicet is nearly the same as ought to be prodnced, according lo theory, by the quantity of coke (carbon) which It yields. If coal produces 50 per cent, of coke, for example, then idO lbs. of the coal would cause 50 x 78.14 lbs, (Despretz) of water lo b<nl. According to him, 1 lb. of Scotch coal from Trenantwill convert into vapor 6.61 lbs. of waler at 32°, the coke from this coal 7.4 lbs. — 1 lb. of coal from Trenant gives 0.525 lbs. of coke, which will consequently produce 3.9 lbs. of vapor, so that by carbonization there is a loss of healing power equivalent to 5.61 — 3.9 = 1.7! lbs. of vapor.* In other experiments the results with coat were 5.8 and 6.6, and with coke between 7.8 and 8.7. The greatest effecl observed by Parkes was 8.68 lbs., and by Henwood 9.96 with 1 part of the best Newcastle coal. Fyfe's experiments upon the introduction of vapor into the burning fire are also interesting (page 95). As the mean of 13 observations, when a woll-rcgularcu and properly divided current of vapor was conducted over the Dame, I lb. of Scotch coal vaporized 9.49 lbs. of water of 32°. Another kind of coal gave as the mean of 10 observations, which varied from 9.23 to 13.34, 10.97 lbs. of water of 32°. A direct comparative trial, made with a steam boiler, showed that 537 lbs, of coal, assisted by the action of vapor, effected u much as 812 lbs. without it, and for this purpose 4 lbs. of * Tbu dopi noi, iher*lbr«, igm whli tbo hw auppoavJ to pravait by Fyfe, but hml m udimBlo KDHlytiM of lb« coal tMfUt nuide, it WonM prabahl^ have been roumJ id dor- linn Umi wliioh wr IiHTf mdiiuilmi at pafln 4t), vix, thru \hn 1ii>aling power >• meamniil by the wbvl« atriurn wiiMituciit. In Tnct bit cipcrLmcniion Scoicb coal from Gdiabursh, •Ml ea £(wli>h coal iihi>wed thn rHntivr hMtinE pnu-i^r ro If ad )Ol in i:i|.S, uii) tho ma of RidiOrdHHi whicib Mr. Fjfe dlr*, pcarp llint llii> rnrlDon rnnntiluriilii tif (Iditi* i ml Ntwcwilo cntlf vo a* e7.&07 «> tj7.93r2, gr u 100 19 130.1.— Aa. £>. 108 EFFECT OF FUEL. the vapor were conducted through the fire for every 100 lbs. thi were liberated. If these are deducted, we obtain instead of 10.97,' 10.53 as ihe real effect produced, which would still he 37 per ceni. more than the maximum of that coal bj itself. Further experience Day corroborate these statements. The Hessian Society for the promotion of arts and manufactures has experimeulally examined the cifective value of wood, peat, and coat, burnt under different well arrung;ed boilers. It was found, by a series of experimenls upon six nuch fires, that 1 lb. of split b«ecK wood, which had been felled two years prcTiousIy to use, conrerled on an average, 2.075 lbs. of water at 32° into vapor; 1 lb. of peat eva- porated 1.99'2, and 1 lb. of coal refuse 5.201 lbs. of water. For common purposes, fuel is generally bought and consumed by mea- sure, hut their relative values may be easily computed,* by ascerlaia* ing the weight of a given bulk. Tin addition to the foregoing facts, relative to the heating power of fuel, )( is proper to state that Mr. Bull, in the paper alreatly cited (p. 24), also gave comparative experiments on several varieties of bituminous coal, anthracite and charcoal. Dr. Samuel L. Dana, at Lowell, Mass., has likewise carried on an extensive series of prac- tical researches, on the reEative heating; power of ditlerent coals, with special reference to improvements in tne construction of furnaces and, boilers. These vrill be found at large, in a work by the editor of (his treatise3 entitled "Notes on Anthracite Iron," and also an abstract of them ia> the Second Bulletin of the National Insiilution, p. I6G. The following results, taken from the last mentioned publication, "will convey an idea, of the relative efficiency of the different forms of boilers used in the trials. Comparisons of results, deduced from the experiments of Dr. Samuel L. Dana, of Lowell, Massachusetts. 1. In plain Cylindricai Boilers, twenty feet l<mg, thirty inches in dioTneter. Sydney coarse bituminous coal, 7.18; 208 pounds per hour burned. Philadelphia pea coal, 8.60; 180 pounds per hour, on an average. Philadelphia pea coal, mean of 10 days running, 9.48; 100 poimds per hour burned. S. In Cylindrical BoOerSf twenty feet longy forty-five inches in diameter. Coarse Sydney coal, 6.04; 300 pounds burned per hour. Anthracite dust j, Sydney slack \, 7.40; 233 pounds burned per hour. Anthracite dust |, Sydney bituminous slack ^, 7.51 ; 2S8| ])ouaJ8 burned per hour. Beat peach mountutn anthracite, 8.00; 243 pounds burned per hour.' * Rerrmng to die lablc st p. 43-4, il will he emsy to Mocrtain bow mud) avsporailTA pDwm MFJi varitriy otwrnl ilivreexhibllcd.ouutaiii* ixrr cubic Togl, Iwtli » U ojdiu in ibi;^ nine, aad u ii ii fband in a matkMabl* NlU w ootnin«roe. — Am. Eft. EFFECT OP FOBL. 109 I I I I I I Peach mountain anthracite, 8.43; 240^ pounds bumed per hour. Beaver meadow anthracite, 8.89; 196 pounds burned per hour. Coarse Lackawanna anthracite, 9.17; 24.9 {wunds burned per hour. 3. In three Cylindrical Boikrt, thirty-tixfiet hngt twtnty'four inches in diameter. Anlhracite, coarse, 10.60; 179 pounds burned p*r hour. Anthracite, coarse, 11.59; 161 |K)unds burned per hour. 4. In four Cylindrical Boilers srt on Mr. Ji. Ji. Hayef*s plan, each twenty feet long, and twenty'Jovr inches in diameter. Sydney coal, screened from dust, 5.83; HbO pounds burned per hour. Sydney slack alone, 8.64; 148J pounds burned per hour. Pbiladvlphia pea coal alone, 9.06 ; 1 17 pounds burned per hour. Bosion anlhracite dust J, Sydney slack \, 9.60; 108 pounds burned per hour. Lackawanna nut anthracite, 9,77; 106 pounds burned per hour. Anlhracite dust 3 parts, Sydney slack 1 part, 10.24; 141.5 pounds burned per hour. Lackawanna ege, 10,28; 147.3 pounds burned per hour. Anthracite dost |, Sydney slack ^, 11.13; 113.6 pounds burned p«r hour. Anthracite dust }, Sydney slack |, 11.36; 67.1 pounds burned per hour. Anlhracite dust ^, Sydney slack J, 11.37; 107 pounds burned per hour. Philadelphia pea coal |, Sydney slack ^» 11.48; 100 pounds burned per hour. Lackawanna egg anthracite, 11.55; 109 pounds burned per hour. Anthracite dust ^, Sydney slack ^, 12.b2; 87^ pounds burned per hour. 6. In a T\Aular Boiler, thirty-six f eft long, tuseloe tubes, each three inches in diamtttr. Coarse Lackawanna anthracite, 1 1 .96 ; 85.8 pounds burned per hour. 6. In a Cornish Boiler of the usual construction, thirty'Six Jeet long, six feet exterior, and three feet ten inches interior diameter. Coarse Sydney bituminous cottl, 6.32; 233^ pounds burned per hour. Coarse Lackawanna anthracite, 7.75; 155.4 pounds burned per hour. 7, In an improved Cornish Boiler, with three simple cylindrical boiUrs inserted in the interior Flue. [Coarw anthracite, kind uncertain, 10.90; 171.6 pounds burned per hour. Pea anthracite 3 parts, bituminous slack 1 part, 12.08; 136.6 pounds burned per hour. Lackawanna anthracite, ordinary size, 12.98; 145 pounds burned pei hour. no ILLUMINATION AND LIGHTING MATERIALS. Beaver meadow anthracite, ordiosry size, 13.41 ; 122 pounds burned per hour. The foUowing results hare been obtained in this countrj, in a toco> motive boiler oif the common form : Schuyllrin anthraciie, 9.51 ; B7.3 pounds burned per hoar. Wood, 4.71 ; 112.6 pounds bumed per hour. Mr. Thomas Wieksteed has published a set of results obtained m England in Cornish boilers, using various sorts of fuel, whirh are here reduced to the standard of 212'^j to render them comparable with the preceding and following sets. Blytbe Maine Northumberiaod bitdminons coal, 7,44. Derbyshire bituminous roal, 7.64. Large Newcastle eoal, averagf 8.64. Derbyshire ^, small Newcastle ^, 8.69. Welsh ^, Newcastle i, 8.86. Gas coke ^, small Newcastle ^,8.91. Gas coke alone, 8.92. Average Welsh, 8.98. Average small Newcastle, 9.01. Best small Newcastle, 9.38. Anthracite, 10.17. Best Welsh coal, 10.71.] ^ U.— «F LLLU.MINATION AND LIGHTING M.U'ERIALS. Cenerai Principles. — The poRsibility of producing artificial ilfurai- nation, as opposed to the li^it of day, depends upon the well-known and easily-observed fact, that the action of high degrees of heat upon bodies which are not Tolatile, is always attended with the ero/u^ton o/ So different, however, is (his phenomenon in bodies of unlike nature, that with a temperature, at which solid bodies, like iron, emit a vivid white light, gases are scarcely visibly incandescent. There is, therefore, another influential circumstance besides temperature to be attended to, and that is the density of the lumiuous body ; little is, consequently, to be expected from gases alone as the means of illumi- nation; and, in reality, light is always produced by solid bodies, which, in giving otTheat, or what is practically the same, by a &imul> taneous process of combustion, are brought to a slate of incandea- eence. In artificial light there is consequently always humingmatter which produces heat, and incandescent (solid) matierf which, in con- ■equence of the heat, evolves light. The two modes which thus pre- sent themselves are both made use of in the arts. Sometimps, when expense is not an object, (his light is required of the v«ry highest intensity, more intense even than that of the sua. If, for example, microscopic objects uofler a high magnifying power are to be sufficiently ilhiminatpti, the light for that purpose is evolved from a piece of chalk (lime), heated to the most intense white heat either with a Hare's ox}-hydn>gen blowpipe, or in a (lame kept up by a ILLUKIITJLTION AND LIGHTING MATERIALS. Ill I blast of caramon air. Here, then, wilboul reference to expense, the principles adduced have been distinctly followed. Indeed, the choice at one and the same time of tlie boltesl of Dames, and of one of the most ftre-prtxif substances, like lime, combines all the requisites for the e\'olulton of the most intense light. lo this case, which is one of (he modes alluded to, and by far the most rare method of producing' artilici»l illufiiina1ion,the incandescent and luminous body is brought, from without, into the sphere of combustion whence the heat pro- ceeds ; by the second essentially ditferent method, the combustion itself eliminates the solid body, which, at the moment of its separation, takes the position of the Ume in the former example, namely, is made incandescent, and becomes luminous in proportion to the degree of heat evolved. Inasmuch as all practical methods of illuminatioQ are founded upon this principle, an explanation of it only, and of the mode of applying it, will be all that is required here. Chemistry makes known to us numerous bodies, which, during combustion, become luminous with the evolution or formation of solid compounds; but many considerations must be attended to as regards their applicability for illumination. Phosphorus and sine, for instance, burn with a brilliant light: the one, because the phosphoric acid formed during combustion remains for a few moments within the sphere of combustion, and becomes incandescent, the other, because the oxide of zinc plays the same part. Neither of the two, independ- ent of other reasons, would fulfil the requifdtions of common illumina- tion, because the products of combustion, oxide of zinc or phosphoric arid, are neither of them volatile, and collect in an injurious manner in the imiDe<liate neighborhood. It is, therefore, absolutely necessary that the products of the combustion of the illuminating materials, in order not to interfere with the course of the process, should themselves escape from the immediate vicinity, or should be volatile. The evo- lution of carbon which passes otT when burnt in the form of gas, (carbonic oxide or acid,) is common to the flames of coal gas, candles and lamps. The combustion of the carburetted hydrogens is pecu- liarly adapted to give a clear view of this subject. If carburetted hydrogen is ignited whilst issuing into the air, both its elementary constituents become the prey of oxygen ; but not both at the same time, for the hydrogen is much the more combustible of the two. The phenomena, therefore, succeed each other in such a manner, that the hydrogen is firyt consumeil as a gas, by Itself, with an almost imperceptible light, but a powerful evolution of heat, which causea the carbon, simultaneously eliminated, to become incandescent and consequently luminous. In the next moment, however, the incande- scent floating carbon is brought to the edge of the fiame, where there is abundance of air to consume it, and its place is occupied imme- diately by another portion of solid carbon. If carburetted hydrogen is mixed with chlorine, the same occurs, but the hrst act ends the process; on ignition, the hydrogen burns to hydrochloric add, and the carbon sinks down in the form of powder or soot. In the air. the 9Dot is burnt a few seconds after its production ; this, chlorine could 112 tLIUMINATlO^r AND LIGHTING MATEItUtS. not accnmplish. The tlliiminatinf^ power of difiereot carburetted hydrogens varies considernbW. Fire damp contains I part by weight of hydrogen 1o 3 of carbon; 1 part of hydrogen requires^: 1 part of carhoiT, ^.G66 pans of oxygen for combustion. Supposing the oxygen of the air, which takes an active part in coinbustion, to combine wilb both simultaneously, then — na 8 parts of oxygen consume 1 part of hydrogen — ^just 8 parts of oxygen would unite with the carbon, and consume 3 parts, or exactly the whole quantity. In olefiant gas, there is 1 part hydrogen to 6 parts carbon ; therefore, under the same sup- position, 1 part hydrogen and 3 parts carbon will be consumed to- gether, whilst as much carbon, or 3 parts will be set free. Although in reality the hydrogen is always ronsuraed first, yet it is obvious, that olefiant gns is capable, under simitar circumstances, of supplying more carbim to the llutne, and coiiseijucMtly of producing more light. Oil of turpentine contains 8, the oil from coal-tar (naphtha) nearly 10 parts of carbon to 1 of hydrogen. Most bodies of organic origin that are decomposed by heat, give rise, amongst other products, to gases nnd vapors which are indebted to the presence of one or other of the hydro-carbons, for their property of burning with a luminous flame. If these consist of olefiant gas, or of some hydro-carbons that arc richer in carbon, the Haiue is more luminous; if fire-damp or similar compounds compose their chief bulk, iht- llanu- is much less powerful. The former arc generally the product of bodies rich in carbon. It has already been seen that wood (= 50 per cent, carbon + 6.20 hydrogen 4- 43.8 oxygen) submitted to dry distillation leaves about 20 per cent, of carbon, and that as much nmre passes off with the other elements in the products of distillation; but 6.2 per cent, of hydrogen require 37 parts of carbon to fona olefiant gas; therefore more than is actually present, without taking any notice of the oxygen. Wood, therefore, is not adapted for illuminating purposes ; the fats, however, are different, for example, olive oil. Nearly the whole of ibe 77 per cent, of carbon which this oil contains, passes over with the volatile products, when it is decomposed by heat, and this more than sulfiues to form oil-gas with the hydrogen which remains, namely 12 per cent., after the wbnie of the oxygen has taken up as much as is required to form water. Good coat contains from 80 to 85 per cent, carbon, produces, however, only from fjO to 60 per cent, of emtef and although better than uood, it is therefore inferior to oil. On the whole, the same may be said here, that was stated with reference to carbonization, viz. that the value of any material as a source of light, depends not alone upon the quantity of carbon it conlains, but also upon its chemical constitution, and upon iis price. Whatever mate- rial is used, two objects must always be kept in view: first, the de- composibilily of the material by heat, when highly carbonized gases are evoU'ed; and secondly, the suitable combustion of these gases for the production of tight. In making use of some substances, as the fals, which cannot be carbonized, and therefore leave no residue, both objects are frequently united into one, as is the case wtih candles and lamps. With coal and resin, on the contrary, and all similar sub- TBB MATRIIAL FOR PRODUCIIfG LIOBT. lis stances which leare carbon or foreign matter, the two processes must be separated both as regartis place and lime ; hence gas illuminaiion. The study of these processes must, from the nature of (he subject, be preceded by a review of the materials most eenerslly employed. 0/ the Materiai /or producing Light. — From amongst the great number of natural and artificial products, which are chemically quali- fied (or the production of light, those only have, as yel, been selected in the arts, which, for so general and comprehensive an application, are to be had in sufficient quantity, and at a low price ; these are: coal, resin, tallow (stearine, j>tearic acid), spermaceti, wax and the oils. Of lite Fall.'— Trebly concerned in the nearest and most indispens- able requisitions of domestic economy, equally important as nourish- ment, as material for the production of eoap, and as sources of lif^t, these products of organic life have been found as generally diffused in nature as they have been sought Tor. Perhaps it is reserved for chemistry, in its rapid prt^ress, to point out a cheap mode of produc- ing the fals, which are supplied in such enormous quantity by animals and plants, and are consumed to a still greater amount: at least, the receot discovery of Pelouze, who had succeeded in producing frufync addf by subjecting sugar to a fermentatire process by the aid of cheese, appears to have opened the way in that direction. As sources of oourishmeut, they must always be most valuable; those fats only which are unfil for food, can vie with each other as sources of ligbt, or for the production of soap. For the latter purpose, the use of the fats is dependent upon other grounds: but their value as food, and as sotirces of light, depends u|M)n the same properties; chiefly upon the very large amount of carbon (70 — 80 per cent.), as compared with that of tbe two other constituents, and this distinguishes this class of bodies from tlie greater number of compounds of organic origin. In the state in which the fata are taken from animal and vegetable bodies they arc not homogeneous chemical combinniions, but mix- tures of such, which, talcen singly, bnve all the properties of fats. Some of these fatty admixtures or proximate conslitucDts are solid at common temperatures, ftsstearine (from »t«f>, tallow), others are fluid even at .'i2'^, as olgine (from I]l«mv, oleum, oil). In mutton tallow, the solid fiitty ingredient has been found to difler from stearine, and on account of its mother of pearl lustre, it has been called margarine; sometinies, in separating a fat into its dilTereiit ingredients, these three ao-called primitive fats are not directly obtained, but chemical com- binations of them indefinite proportiona; as. for instance, in olive oil. AU (he fats are, therefore, either direct mixtures of oleine with stearioe, (or margarine,) or are combinations of these with each other. If the solid ingredient of a fat preponderates, or if the fat is itself mwe solid, its melting point is raised ; if the fluid fat is in excess, it is lowered. The varieties of tallow belong to the first kind, the oils belong to iIm last; between them are the diHerent kinils of grease having a salve-like consistence. The methods of illumination are partly cal- culated for solid fats (rich in stearine), parlly for entirely fluid fats or oils. For the varieties of grease, the consistence of which lies between 114 THE MATERIAL POR PROUirCtfffC LIOHT. the two, Crutrhett's g!is apparatus has been devicetl. For iUumi- nation, the IbUowtng varieties of oil and fal possess interest : 1, rape oil; 2, olive oil; 3, oil of madia sativa — lliese are of vegetable ori^n; Hiid4, wax; 5, Sjiennaceti ; (J, truiri oi]; 7, taUow, of animal origin. The comjjosition of the most of these in 100 jiarls has been ascer- tained as follows: Voiirly of Ful C>rii«n. II>'<lrO)c«li. litygtn. Sw0M nil (olive) . . 77.2 1 13.38 y^3 (iay-LillMSC and UtA- nnni. Wax, wliiW bw* . . 81.80 13.'J7 5.54 ■• Bn^Jlinr . . 74.lt 11.77 14.12 i OpiiennsD. ft " Casi-liidinn . . TttQT 12.07 10 37 SpennMcii .... Mutum Ullow . . . 81.00 78.10 i».80 11,70 6,60 ejo 5 Chcviwil. palojibon}' (ronn] 7«^7 10. I& 10.&8 1 S#ll una BluicliM. The specific gravity at 59° F., of all except two, was less than that of water, and found to be : BkiMusi outnpenrw O.iitSlI •* napu» . .O.fl'JS Olirt-oit . . . .OIHTG Fur the oil frotn : Madimil . . . 0.9170 BeuB-wiui . . . O.0I3OU Bmr.ilbn wnx . I.I)L(H) Pjui IiKlian wax . lAlW SprrmiLcoti . . . U.M30 Tmin oil ... , O.W7(l The temperatures at which these fats pass from the iluid (o the solid state, and vice versi, are very variable, and were found to be: BrkMica nB[nia . . — ft' C. (SI* F.) Bm/.ilinn wok . -4- fl"" C. {WT* F.l •* tamposuii — 4* ■' {i!fl ' ) Eiwl Imlinu wax -|- 4fl' " (lai*-) Oltv<>cil . . . + S.rf' • C:)fi.a*' " ) TmiiKitl .... Iji" " (33= F.) impf. M»<Ji»-oil nol oven nt 25* " {77* " ) Sji.rniiii.flti . . . 44.7" " (llS" F.) Sm»-wu . . . 4- fi3* - (145" " ) Tallow . . 37« w 40* " (&'J»— 104» F.j . The vegetable fats are most abundant in the fruit, particularly ia the seed of tlte plant. The olive tree, only, contains oil in 'he fleshy integuments of (lie fruit ; as a rare exception, it has also been found in the root. It will appear from the sequel, that the method of gather- ing and procuring the oil is dependent upon these facts. Rape oil. — Several species of the genus Brassica belonging to the familyof Cruci/Vrtf, as winter rape(B.ric/rtw), summer rape (JS. precox), common wild navew(i?. campestris), aad Brassica napo-bratsica^ cou- tain this oil in the small, round, dry seeds of their pods, together with a considerable quantity of mucus, albumen, and other substances. When the ground seeds are pressed, the whole of the fluid contents flow out, t. e. in addition to the oil, a considerable portion of mucus and albumen, inasmuch as these are dissolved in the natural juices of the seed ; the latter are present in larger quantity in fresh seed than in such as has been kept. To avoid these admixtures, which are in- iuiious to the oii as a source of light, only sucli seed is pressed as has been kept for several months {the dryest possible seed previously warmed). The albumen in the seed is thus coagulated, and can no longer be pressed out with the diminished quantity of water; the mucus is also reduced in quantity. Ao upright rolling millstone (granite), like those used in fruit mills, THE UATKRtAL FOR PRODDCIKG LIGHT. 115 is most appropriate for grinding Ihe siAe<l seed. As the touglmess and hardness of the grains att; tiy ihis meoDS, only imperfectly over- come, or require a ten^h of lime, il is better to puss them previously tbroiigfa the cruslkiug mill. Thus bruised, they are soon (rround tine ander the millsione. For acceleraling the worli, a blade revolves with the stone, for turning up the mass, and detaching that which adheres to the under stone, and reluming il constantly Into the track (behind it) of the roller. The fine flour of the seed is genernlly heated in iron pans over an open lire, although the practice is by no means judicious. Tlic object of doing so, in addition to what has already been men- tioned, is to make the oil more limpid and more easily expressed, for which, however, the heat of boiling water is 8u(hcient. The unilbrm action of boilers healtvl by steam, prevents completely the evils arising from partial and excessive beating, which always occur at (he top and bottom of the common pans. The heated flour is put into cloths (these are best taade of wool, and wrapped in horse-hair cloth), in portions, and placed under the press. It is easily understood, wliy the oil dis- seminated through a large mass of seed, can, on account of its thick coDsisleoce, only be expressed by a powerful and continued pressure. Where expense is not so much an obji^cl, Rramah'K press is (lecidcdly to be preferred ; in olhcr cases, and generally, indeed, h wedge press is employed, which works as powerfully, although not with so much ease, an<l with much more noise. The filled cloths are laid between strong plates ft and g, and placed in a square space cut in a solid block of oak wood, or as in Fig. 13 in a cast iron case a, and the plates arc Pig. 13. forced nearer and nearer to each other by driving in the wooden wedges which occupy the remaining space. One of these wedges 6, •erves to facilitate the disconnection of the apparatus ; the strokes which drive in the wedge c, tending, from the reverse position of ft, to drive it out ; /e and d are intermediate pieces to prevent the wedges from coming into immediate contact. The pressing plates are each provided with 3 side ribs, the immovable ones h h press against the sides of the case, and the movable ones g g against the intermediate wedges df^ and they are pierced with numerous holes to allow the oil to flow out more easily. On fdling the press, the wedge b must be suspended (by a string) at a distance a from the bottom, that the ap- 116 THE MATERIAL FOR PRODUCING tlGHT. paratus may be easUy takea to pieces. The (hI trickles from tbe pressing plalirs, through the pirrrcd horizontal platPK o o, upon which. J theae rest, into the pipe p. — Both b and c are driren by separate! stampers, u'bicb are ruisetl by a toothed wheel. Brassica napus produces nearly 33, B. rapa only 16, B. campetirit- 39, B. napo'brasnca 33, B. prmoox 30, and Madia sativa as tbe measa quantity 32, or between 25 and 50 per cent, of oil. Oiire on. — The olive tree {OUa Europaa) belon^nf^ to tbe family Jasminacea, produces a kernel fruit, tlie fleshy, greenish brown integu-J ment of which contains an oil that eiceedH all other vegetable oils ill' sweetness, and in the property of being saponitied. The more com- mon kinds only, which cannot, be made into soap, are used for burning. Although the fruit is very juicy as compared with oil-seed, yet a cerltua turgidily of the tissue, and the hardness of the stone, (which is not ^H removed, as it would involve a loss of time,) offer no inconsiderable ^^ jcmtance to 'he press. For the production of oil of the best quality, ' salad oil, tbe carefully collected crop should be put under the press as quickly as possible, ycl a practice which has been handed down by tradition is found advantageous, according to which a certain amount of fermentation is allowed to proceetl in the mass of heaped fruit, which decomposes the so*called water of vegetation, t. e. kills (be otivea, aoflens them, and causes them to part with a larger quantity of oil. This fermentation becomes perceptible by the heat that is generated ; in a layer several iocbes in thickotss, it cannot exceed 96"^ F. without injury to the quality of the oil. If the temperature has risen too high, and the juice flows out brown and decomposed, which is oflen the case, ^H the oil is always of very inferior quality. The slightly fermented fruit -^^ is first bruised into a soft dough in fruit-mills with upright stones, collected in rush sacks, which, to the number of 18 or 20 at a lime, are placed under a kind of wine press. It is necessaij to tighten the press as soon as the oil has run ofT afler each jerk, and has bad time to separate from the doughy mass. Tbe product of this flrst pressing is iho. finest oil, virgin oil. What remains in the cake will not flow otf of itself. The press is, therefore, taken apart, the cake is broken up in the bags, and the nearly dry residue digested with hot water, and again put under the press as before; this operation is repeated two or three times. For the reception of the water containing the oil, two tanks are used, so arranged that in the one the liquids leparate into two layers, whilst the other is filling. Tbe upper layer consisting of oil is taken olTwitb scoops, the water bt'low, which still contains oil in suspension with mucus, is collected into a cistern lor . birlher separation, from which the water can be removed by a loa^ 1 syphon. The oil from a larger quantity of press-water than the cistern can properly hold, is allowed to collect in it, by drawing off the lower water which is free from oil, before the whole quantity is admitted, 1 When a sufficient quantity of oil swims on the top, it is skimmed ofl 1 as oil of second quality. The growers of oil fmd that the residue aAer the second pressure still aflbrds so much oil of the worst quality, as to make it worth while to submit it to a third operation. The crushed clabipicatiox or the oil. 117 cake from ibe press is stirred tip vitb a lai^ quaotityof water, so as to become quite muddy- The broken stones fall to the bottom, whilst tlie soft kernels come to the surface, whence tber are collected with hair sieves, and dried orer a tire until they ft>na a stiff paste, which is then submitted to the third prt-ssure. All the Tarieties of oil remain about 30 days in a warm place (not under 68° F.) in casks, before ifae^r are sent off, that they may twre lime to depo&it thtrir mucus. MaiHa Oii. — The plant from which this oil is nbtalned. Madia saiirn^ belonging to the syngenesious family, originally indigenous to Chili, has lately been successfully introduced into Europe. Tbe oil is obtained as from other dry seeds, in the manner which has been described, but it must be remarked, that sweet salad oil, for which purpose Madia oil may be used, should always be prepared in the cold. It has a gulden yelloxv color. Train Oil. — A great number of ships bearing all colors, set sail yearly to tbe Polar Seas upon the whale fishery, their object being partly the whalebone, but chiefly the blubber of the Gsh, M-hicfa pro- oiioes a fluid fat, train oil. Seats and dolphins are taken for the same purpose. The whale fiidiers merely cut out the blubber, pack it into casks, and cany it to the sea^ports to be melted out. The carriage gives rise to an incipient decomposition of the animal matters am! of the fluids attached to the blubber, which, although it aids the melting, occasions the formation of a peculiar fat, consisting of phocenic acul and oxide of glyceryle, and is the cause of the nauseous odor which accompanies all train oil. The cellular tissue nf the blubber becomes thus so disinlegrated, that the ffll runs otT by itself, when the whole is put into casks with wire-work bottoms, such as are used in the melting houses. The train oil is heaie<l to 2X2"^ >'., that the impnri- ties in suspension may the more easily separate, and the clear oil is drawn off from the thick portion, after having stood for some time. Clarification of Oil. — The different fluid oils which occur in com- merce, particularly rape oil, are by no meanx perfectly free from mucus and other maltcrs of tliai kind which are expressed at the same time. These substances act in a very different manner to the oils during combustion ; they do not possess the essential properly of leaving no residue. It is well known, that the combustible oils do not withstand the energetic action of concentrated acids; if the action of these, however, is weakened by lessening their quantity, if only 1 to 2 per cent, of sulphuric acid is used, the acid then chiefly acts upon the Ibreigu associated matters, and very much increases the combustibility of the oil. The acid first removes tbe water from the mucus, by means of which it wa.4 held in suspension in the oil, and chars the mucus itself to a black mass. Tbe oil itself luo is some- what acted upon: it becomes green or dark bmwn, anil after some time deposits a sediment of the same color, becoming then perfectly dear. Thenard first applied these facts lo the purification of oils upon a large scale. It will be easily understood, that the action of the acid must more or less depend upon the amount of contact be- 118 CLARIPICATIOIf OP THE Olt. tween the two fluids and upon the temperature. At a temperature of 140^ to 158*^ F., the quaulit)' of acid may he reduced (o | per cent. Besides the (decantiog) tubs for deposition, there must be agitating tubs in a clarifying work; these should either be immovable, with a movable fan in their axis, or should themselves be movable round their axis without it. From 1 to tj| per cent, of sulphuric acid is gradually added in a thin stream with constant agitation to the pre- viously healed oil in these tubs. When it is borne in mind, that the same quantity of steam (at 212°) which will raise 1 part of water 103*^, will raise 3.2 parts of oil to the same temperature, iti conse* quencc of their diflerent specific heats, the advantage of steam heat will be obvious in an oil refmery. When, after continued agitation. the dark-colored oil io the tubs is evidently composed of a clear fluid vrith suspended tlocculent matter, the action of the actd is then finished, and warm water of 110° F. (} as much as of the oil) is added, keeping up the ngitalion, lo separate as much as possible the acid, and prevent the metallic vessels from beiug acted upon in the subsequent employment of the oil. The water, intended to separate the acid, collects, after standing for several days, under the black flocculent matter at llie bottom of the depositing tubs. The clear oil above both, however carefully it may be drawn off, must always be filtered before becoming cold, and for this purpose vats are used with conical openings in the bottom stopped with cotton plu^s, Baskets lined with mos.s or cotton answer the same purpose. The filtration is always a difficult operation, the plugholes becoming conslanlly and quickly stopped. It is desirable, although seldom put in practice, to use milk of lime, and a cttrreni of steam to remove the last portions of acid. Methods of clarification, tike that proposed by Wait, ia which oxidizing substances are used, as chromic ncid, and that of Cogen by means of a solution of potash, require further experiment to prove their advantages. On the whole, clarilied oil is not much lesA colored than crude od, and, according to Hr&ndes, almond oil only, and not the combustible oils, can be decolorized by the most powerful means, as animal charcoal. In train oil, the !m{}urily is not mucus, but animal gelatine or glue, and besides this, volatile, fetid matters. Some use a solution of tannin for clarifying it, which forms, with the gelatine, insoluble flakes; others employ metallic salts, as blue vitriol, or sugar of lead, which act in a similar manner. The nauseous odor is best removed by bleaching powder. Of all duids, the oils expand the most by heat, and, indeed, to such a degree, that it becomes necessary for commercial pu^wses to know the extent of this expansion. For every degree of Fah. the Tolume of olive oil increases, according lo Preisser - — -, of rape oil * JuU - — -, and of train oil -t^t^i so that 100 measures of train oil at 32° Fab., will become in summer at 68*^ F. 102 measures. Another MELTIIIG AND Pt'lilFICATIOlt Or TALLOW. 119 property, in which (he differpnt fluid oils varj- considerably, and which has considerable influence upon thfir value as combustibles, is their degree of fluidity, which is estimated by the time required for a given quantity of oil to flow through a fiinnel of known dimensions. Scfaubler and Ure obtained the following results upon this point. FlnkU. Time i«<iwlr«d » flow FloHiiy. Vaiec K too. Wktor 9U tMmxb. Oil gf BriM. aunpmiia ... 143 ■ " tiapua .... ■ ■ prvros .... " ■* iMfjfrlraM. . . " " «p« 0U»» oil Tnin oil, MeordinK to Vn Of Tailoto. — In the animal body there exists a peculiar sicin-like tissue, filling up the interstices between the different organs, and sur- rounding ihem in all directions, the cellular tissue. In certain places in the so-railed caul, for instance, the single cells formed by thin membranous walls are the chief depositories of anitnat fat, which, in the form of globules or small drops, swim in the animal fluid with whieh the cells are filled. Mttting and Pvrifictttum of Tallow. — In niminating animals the firm and (at common leinperalures), solid nature of (he fat is charac- teristic; oxen, stags, sheep, goats, all furnish tallow, although not quite of the same quality. From the scarcity of the other kinds, ox tallow is alone used as a source of light, and a small quantity of that of sheep (mutton suet). As far as their application is concerned, they are alike in properties. As a general fact, the more solid the tallow, the more valuable it is for our present purpose, and this quality of the fat has been found from experience to be greatest in animals fed upon dry ripe fodder, and least in such as are fed upon grains. Hence the tallow which comes from Russia, where the animals are fed for eight months upon diy fodder, is generally superior to that produced in Ger- many. The object of melting out the tallow is to unite the globules of tallow into one mass by separating them from the cells; for candles, certain parts only are used, namely those round the caul, and those in the neighborhood of the heart, nf the kidneys, and of the intestines. The plan, now generally, and formerly universally, followed for puri- fying tallow, is by the aid of heat alone, which, however, mu.st ex- ceed that of boiling water if the whole quantity is to be obtained. With this view, the fat is cut up into small pieces, and melted in a boiler over an open fire. The cells are first burst by the expansion of their fluid contents; a milky liquid is formed, which becomes clear by degrees, as the water contained in the cells, or which, in some cases, is added in small quantities, evaporates. The heat is now con- tinued and increased until the jiarticles of skin, having tost all their water, appear bard and somewhat baked, and no longer yield any fat. 120 MELTING AND PURIFICATION OF TALLOW. At this period the fire is so far modilied ait to leave the fat in a iluid slate at the top ; this is strained and poured out into blorks; the resi- due, baked a s(-cond time and pressed, furnishes a second portion of inferior quality, and genernlly colored. As a mnxirnum product, which is seldom aetually atrained, beef suet gives 9f> per cent, of tallow and 2 per cent, of refuse; mutton suet 91 per cent, and 4.5 per cent, of refuse; in the latter, there generally remains a considerable quantity of tallow, which then amounts to 8 or 10 per cent. There are several objections to this generally-adopted melhod; the cells are imperfectly destroyed, and become so hard that Ihey do not rea- dily part with the lallow under the press. It is also impossible 16 keep up a uniform heat throughout the melting inass; a1 the bollomv it is too high and injtirious lo the color and fjuality of the fallow; it there becomes soller and more fusible, and takes up copper from the sides of the vesjfel. Lastly, during ihe process of raeliing, the ani- mal matters evolve inflammable (and, therefore, dangerous) gases and vapors, which carry with them such an intolerably nauseous odor that only long habit enables the workmen to bear up against them. The use of steam alone, instead of an open tire, is but a partial remedy, for the teroperalure is then always too low; and by conveying ihe steam directly into the fat, the membranous substance becomes con- verted into glue, which is then dilKcull to remove.' But the use of mechanical power, which has been applied in some places, deserves every commendation; the cells are either torn or crushed by upright millslones or in mortars, and when this is once eflected, it is only necessary to obtain the requisite temperature, and the tallow separates perfectly lluid. With the same object in view, but by chemical means, Darcet, by a method which is acknowledged to be excellent, causes weak sul- phuric acid to act upon the tallow, which, destroying and breaking up ihe cells chemically, also combines the advantage of preventing, with careful management, the evolution of the fetid vnpors, or at least of rendering them much more tolerable under ordinary circum- stances. His plan is to melt the crude lallow with one-half its weight of water, which has been previously acidified with 3.3 per cent, of sulphuric acid, and to retain this at the boiling temperature until the separation of celluliir and fatly matter is complete. .Although the inventor proposed his plan for working with an open fire, yet the separation is so much aided by Ihe presence of the acid, that the tem- perature of boiling water is sufficient to complete Ihe pmcess, i, e. steam may be used. In Taulet's apparatus, steam heat is applied from without ; in Champy's, steam is admitted to the melting mass, by which means the cellular matter is made so porous as to he easiljr pressed, or by a second boiling, parts with the whole of its tallow. Experimenls with the former apparatus produced from 2 lo 4 per cent, more than were obtained wiih an open fire; with respect to the immediate introduction of steam, il has been found practically better STEARINE. 121 to use less water with a greater amount of acid (about ( of the weight of the tallow anil (i [>er cent, of ncid), »s the condensation of the vapor then establishes about the ripht proportion. L'pon the same principle as that of Darcet, a toethoil proposed by Lefebure is founded, which recommends the finely divided tallow to be macerated three or four days in an acid bath, and then to be melted in a fresh bath. The greater part of the tallow of commerce has been prepared with so little care, that it cannot be used by the candle makers without being remclled and purilied. They call this operation clarification, or renderijig, by which is to be understood a remeliing with the aid of »Q» called means of clarificalion, which are nearly everywhere different, and consist of the most heterogeneous salts, as vitriol, saltp>i!tre, sal ammoniac, common salt, alum, bitter salt, glass skimmings, and which are intended either to render insoluble, residuary portions of celatine or glue, or to convert the water into a specifically heavier liquid, which then subsides more easily with the impurities. Lastly, it is worthy of notice, that Darcet has proposed to carry off lilt: fetid vapors, which cannot be entirely avoided, by a strotig draught into the chimney, or to conduct them to the hearth, and ihua render them innoxious to the workmen. The hood and conducting pipe, with which tlie boiler mu»t tlieu be supplied, unfortunately obstruct the process. The use of acid not only affords a larger produce, but haa nnolber vtty great advantage in making the tallow harder and more so'noroas. Of Stearine. — Amongst the proximate constituents of tallow, as they have been investigated and s«pnrated by Chevreul, there are some which possess a much higher melting point than tallow, and at com- men temperatures are firmer.dryer, and even brittle; in other respects they are quite analogous to fat, but have ceased to feel greasy and to stain ; iu short, they possess those properties in the highest degree, which manufacturers have endeavored to confer upon tallow by the di&reni modes of hardening, and which render it more similar to wax- For a long time two of these constituents under the deoominatton x/rortne, have been an article of manufacture, two substances which are related to each other as a salt is to an acid, therefore, chemically quite distinct. I'he one of these substances is called ia scientific language stearine, and has already been noticed (page 103); the other is ttearic acid. Whilst in the lirst instance stearine alone was the object of manufacture, this has of late years quite given place to the prodaclion of stearic acid. Melted tallow is completely dissolved by eight limes its weight of ether; on cociling- the oleine on'y remains disaolved with a very little stearine, which almost entirely crystalizes, and can be completely purified by washing willi ether. When fused, it is a solid, pulverizable substance, does not stain, and is translucent like alabaster. Its pro- duction on a large scale is not so much an absolute separation of stearine from oleine, as an augmentation of the quantity of stearine in tallow, which in its oatural state contains } of its weight of stearine. The m RTEABI.NE. method actually in use is very simple. Completely fluid and tronspa- I rent melted tallow is allowed to rool a.s gradually as possible with con- slant agitation Xo about 100° F. At this temperature, the stearioe only has become solid in the form of numerous small crystals, which, swimming in the flaid portion, thiclcen the whole into a whitish (urbid pasty mass, this is then placed in cloths and slowly pressed, in the manner and machine about to be described when treating of stearic acid, during which operaliori the greater part oflhe oleine is imbibed by the woolen cloths. By repeating the operation, a solid cake of stearine is obtained purer and purer aOer each repetition, and wfaicb^^ approaches in properties very closely to that already described. ^H The observations made by Liebigand Pelouze upon stearine render it highly probable that it must be considered, as is generally admitted, a salt of two bases. One of these is substituted by water, the other is the oxide of a compound radical Glyceryle = C^ H„, with 5 atoms of oxygen, which is contained in all fats, and is known by itself in the form of a hydrate = C^H,., O, + 3 H, O. The acid of the salt has the properties of a fat, but outwardly resembles stearine: it is stearic acid. In a similar manner, oleine is a salt of an oily, fluid, fatty acid — of oleic acid, with the same bases ; and tallow itself must, therefore, be considered chemically, as a mixture of peculiar double salts of the fatty acids" with water and (he oxide of glyceryle. ' The principle upon which the separation of stearic acid ia founded, is the displacement of the oxide of glycerjle by a powerful mineral base, for example, lime. The residting mixture of stearate and oleate of lime, is decomposed by the addition of sulphuric acid into sulphate of lime, and a solution of stearic in oleic acid, which by crystalizalioa and pressure are separated from each other. For convenience and economy, steam heat alone is employed in thi manufactories of stearic acid. A steam boiler, with a safety valve, .•sup- plies steam to all parts where it is required, by means of proper pipes and Btop-cocks, and first of all to the lime vessels. These are wooden troughs, lined in the interior with soldered leaden plates, [to prevent the absorption of fat, and the destructive influence of the acid,) into which, at the bottom, a branch of the steam pipe enters, furnished with a separate stop-cock, and opening in the form of a rose. ^Vhen the first trough has been filled nearly to the top with water, it is charged with the tallow in fragments, and when, afler opening the steam cock, the charge is melted, fresh milk of lime ia added, i'o ensure success, rather more lime is added than would theoretically be required ; if the tallow consisted only of stearic acid, 11 per cent, would be required; 14 percent, is the quantity generally used. In a few hours the decom- position is completed, if the whole has been constantly agitated. The transparent la}'er of fat swimming on the surface of (he water, has now become converted into a gray, crumbly mass, no longer fluid, in fact, into a lime soap, (slearate of lime mixed with oleate,.) which is insoluble in water, arid remains as a distinct layer on the top. On being sepa- " Bf«i-ln oXeia itnd *i«irie nciJjt, It (■.oninitis (prinripnlljr in mutton >uei) margnrif sxvi^ feiy MRiilui tu tirraiic ar'\<\. niiil combined iii Ibe WBxaa mwiner. te .. J rrxxiitsE. 123 rated, the oxide of gfjcerTk takes up vaier to km kjdratnl oxide oT gWcerylc (commoo^ caU«d glvcerine) ; ir is a synipyt sweet fluid, amouoling to about 10 per cent, of the tallow, and dissolves in the excess of water present. Jn the mean time, a Koond tRweh has been got ready to receire the lime soap vithout the vater, and into it the necessary quantity of mlpburic Aod has been added. It is known bj eTpenence, thnt the soap contains 10 per cenL of time, and that 17.2 parts of sulj^huric acid are required to decompose it. It is theirfore necessan to use at least 18.5 p«rts of commercial sulphuric acid of specific gra^itv 1.832, and these should be prenouslr diluted with 6U to 70 times their tolume of water. Aided by the heat of the sfeam,tfaedecompositionof the lime soap is rapidly accompti^ed ; ^oerally in about half the lime that was expended in itN formation. At first it softens, then becomes more fluid and clear, whilst the water below becomes turbid from sulphate of lime, which sinks to the bottom, and at last, a clear, peifecOy trans- parent layer of fat-hke oil separates upon the surface of the water. The steam cock is now turned otC, and the fluids separated; the fat is transferred to the moulds, in which it sntidifies in square blocks of ^ cvt. each. These are of the same character as tallow, only yellower and discolored: tbvy coRM»t of a mixture of oleic and stearic acids, which have now lo be separaml mechanically by the press. Before they can be put under the press, it is necessary to reduce their sixe. For this purpose, a cutting instrument of the following construction is used : at the mouth of a wooden trough, which is open in front, and plactd horizantally u{)on a stami, a wheel rotates with i-iirved spokes, upon which planes or blades, all of the same kind, are fastened, and which consequently act in the manner of curved sabres. The axis of the wheel, traversing the whole length of the trough, turns behind in a plate, and is itself a screw throughout its whole length ; lo the female screw is attached the stay of the block of tallow. The result of this arrangement is, that the block of tallow is limught forward to the cutters for screwed forwartl) just in proportion as it diminishes in length by their action. The shavings, O.H lines in thick- ness, are packed in layers of slight thickness, in cloths of strong woolen, unequally woven material, and placed between hurdles of basket-work, ami sheet-iron plates, upon the slabp' of the hydraulic press Figs. 14 and 15. The essential parts of this machine are a pump a, (Inrcing and sucking pump,} which is in connection with the cylinder c &, by means of the tube /, o, u. By the workman at the lever /, water is drawn up from the reservoir b, and forced to c c*, with a power equivalent to that of the man at /, and the action of ihe lever together. In ac- cordance with the law of the pressure of Ihiids, Ihe pressure received by the piston s is uniformly coinmiinicaled to c c', and is there ao exerted, that every portion of the surface wliirh equals t in section, receives a pressure equivalent to that exerted by s. As this takes place in all directions, not only the sides of c r*, but nl»o the lateral surfaces and the base of the pifiton/i will be equally alTected. The pressure on the lateral surfaces is annihilated, but not so that on the 124 fiTCARINli:. base, as ihc other surface is outside the cyliDfler, vhere no compensaT- uig pressure is exerted. The pistoo p, ina^mucb as it is movable in Fig. u. Fic> 15. its stafliQg box, is therefore raised by a pressure which fxceeds the power of the piston of the piiiop, as many times as (he cross section of the latter is contained in that of the former. A portion of this force is, however, lost by tlie very considerablt* friction to be overcome. The sieve ris for ker-ptng the pump ideari,,;?- is the safety-valve, jt the slop-cock, by which the machine is placed out of action, and the water allowed to (low olf at i>. If in a press of this kind, as it is usually employed, the smaller piston is 0.5 of a square inch in section, and the larger one 113 square inches, when properly worked, a pressure of 8000 cwt. will he distri- buted oter tlie surface of the pressing slab. In using the press it is absolutely necessary to proceed very slowly at first, and (o close the 8TEARIKE. 125 » ► Pi(. IS. ^ J press very graduiilly. By a simple contrivance, we are enabled to work at first with a lesser pressure, i. e. with a fhiclter piston to the pumpt and first towards (he end, with the whole force, or with the smaller piston, 'fhe sketch at Fig. 16, shows the principle of this contrivance. Between the cylinder and the piston of the hand-pump, is a hollow cylindrical piece /, which, by mere turning on the outside, may some- limes be firmly connected with the cvlinder, at others loosened from it, and ronnecled as firmly with the piston. During the working, therefore, the diameter of the piston may, as it were, be re- duced from d to (f , and the pressure proportionally increased. What flows from the press is oleic acid, with £rom 10 (o 15 per cent, of stearic acid, which solidifies in the form of a brownish-yellow butter. The cake in the cloths is of a whitish-yellow color, bdJ conidsis of stearic acid, some margaric acid, and about 1 0 per cent, of oleic acid. To complete tbr puriScation, a second similar, but horizontal press is used, called the hot-press, into which is put the cake of stearic acid, broken up and placed in fresh cloths, and in such a manner that oetween each two slabs of cast iron a bag, or cloth, with tlie cake is inserted. The slabs, up to the moment of their being used, are hung up in cases heated by steam. Afler rapidly inserting them, that the slabs may remain warm, the press is gradually cloced, as in the first case, and the pressure kept up as long as any oleic acid drops from it. The greater part of the margaric acid separates, in conseqoence of its greater fusibility (it melts at 140° F., stearic acid at laS*^ F.)^ The cakes are thin, dry, and white, and consist of nearly pure stearic acid. The yellow spi'cks, which are here and there perceptible, where the pressure has been insuffi- cient, are carefully renuned, and the roinainder is melted at a low temperature ; on cooling It presents a calfe of a brilliant white color, with the lustre of mother-of-pearl, resembling alabaster ; it has a dis- tinctly crystaline texture, and an elegant appearance. Concentrated sulphuric acid [indeed, any strong mineral acid), will separate the arid.s from the tallow, (i. e. from okiiie and stearine.) Sulphate of oxide of glyceryle is formed, which dissolves in the watery fluid, and stearic acid rises with oleic acid to the surface, and these can then be separated by pressure. This simple process has not been adopted on a large scale, because the product cannot be obtained without much color, in consequence of the decomposition having been carried too far. The oleic acid, mixed with a good deal of stearic and margaric acids, which is constantly obtained as a secondary product, can be immediately employed with advantage for making soap, and for greas- ing wool for spinning. 196 SI'ERMACBTI— WAX. Spermaeeli. — In some of (he lar^r Cetacea, parlicularly in rtie whit*' whale {PkysfUr macrocephalus) of the South Sea, There are peculiar cavities in the bones of the skull which lire filled wilh a kiod of blubber (a specifiraiiy li^ht substance), apparently intended to shift ibe specifjc gravity of the animal further backwards towards the mid- dle of the body, and thus to render it more capable of jivrimmin^. Immediately on leaving Ihe skull of tlie slaughtered animal, this oily fluid begins to de[M)Mt small erystaline lamin»' — spermnceti — in large quantities. By presseiro, (he greater part i^f Ihe fluid fat, or spemuiceti oil flows out, aad by washing with moderately strong potash ley,^j which attacks Ihe spermaceti wilh dilficulty, the remainder may b4^| removed. The residue, washed and melted into cakes over watei*^^^ forms the spermaceti of commerce. It is obtained much piirCT when the pressed mass is fused at 212° F., and treated with a solu- tion of potash or soda, which separates a bluish deposit that collects at the bottom. The clarified produet is allowed lo roul and crysliil' ize, and the operation is then repeated a second time. Lastly, aftj excellent means of purification is animal charcoal, wilh which tl pressed spermaceti is fused on a sand hath ; but then rery tiresome filtralious In heated vessels cannot be dispensed with. The name' spermnceti is derived from an erroneous opinion, that this substance is the spawn of the whale tribe {sperma ceti). Commercial sperma- ceti is very white, semi-translucent, like alabaster, and much resem- bles stearine; it feels like soap stone, is brittle, and has a lamellar^^ erystaline texture. — Its specific gravity is 0.943. *>^| Commercial spermaceti is, with the exclusion of a small quantity of Spermaceti oil, a peculiar fat differing chemicHlly from the other fats; it is called cetiae. Like tallow, it contains oleic and marg^rie acids, but these acids are combined in celine with the oxide of a radical cetyle (=C„ H„), peculiar to spermaceti, namely with oxide of cetyle ( = C„ Hy, 0), and not with oxide of glycL-ryle. Cetine is probably a combination of two equivalents of margarote of oxide of cetyle with one equivalent of oleate of oxide of cetyle. As from tallow we obtained hydrated oxide of glyceryle, so by the decomposition of cetioe we obtain hydrated oxide of cetyle. The spermaceti oil is low, has a weak, not exactly disagreeable smell, and is well suited ' for burning in lamps. Wax. — -Not wilh standing (lie similarity in outward appearance, and in its applications, ihe wax secreted by certain planlK musi be dts- tinguished from another substance bearing the same name, and for which we have to thank the social activity of bees. Contrary lo tfaa general opinion, it has been proved,' that the farina collected by these wsecls is entirely expended in nourishment for the larvte, but that the body of the bee is furnished with an organ, which from the nourish- ment peculiar to them, honey (sugar), fabricates and excretes in Ihe form of small Kcales, the very wax which serves as material for the eonitraciion of the cells and store chambers for that same nntriment out of which it has been chemically formed by the vital process. B/ tlie obvccvntbm of Hubei anil HunWr, WAT. »r Having got posjwssion of the koney-eomb bjr driving out the bees, the first objfct is lo let ihe virgiti ktmey flow rrnt, antt then to squeeze out the reraaitidrr by pressure. Ry simply inehing in boiling water, and allowing the wnx to cool slowly, the toor discs met with in com- merce are obtained, the lower brittle layer, containing the precipitated impurities, farioa, &c.» having beea remored. The crude or yellow wax is sometimes very pale, sometimes grayish, but gi-ntrally of a rery deep brownish-yellow color; it has a sharp, dry, granular and splintery frarliire, is not easily kneadcil, and when fresh ami pure, has a very agreeable smell of honey. The high price of thi.s arlicle of eommerce has given rise to a great deal of adulteration. The flour of peas, beans and starch, are Ihe most common materials for this purpose; sometimes they amount to 60 per cent.; even brick dust has been used. All these are easily detected, by oil of turpentine, which leaves them iindi-ssolved; the former are converted by sulphuric acid into sugar. Kesin is discovered by means of cold alcohol. The worst adultera" tion of all, namely, that with tallow, is also unfortunately the most difBcuK of detection. When the smell alone is not convincing, the formation of sebacic acid as a product of dry disitllatioa, proves the presence of tallow, Tlie foreign matters derived from the farina and the honey, and which give rise to the color and to the granular fracture of the wax, should be removed under all circumstances, both for the ttaLe of ap- pearance and because they interfere with illtimination. This is done by bUacfting. The facility with which wax is bleached, varies with the source of ihe wax, and is alsoditferenl at dilfereiit times; it should, therefore, be first tested in small quantities taken from various parts of the whole quantity to be bleached, that it may be sorted and treated accordingly. The destruction of the foreign matters in mux is easily efiected with the help of bleaching agents. If, for example, wax ts nehed with dilute eiilphuric aetd, it becomes decidedly darker, but exceedingly clear and translucent; and when it is now again melted with a dilute clear solution of bleaching powder, a slimy or soapy troubled mass is produced, thickly fluid, out of which weak hydro* chloric acid separates the wax as a colorless clear layer which comes lo the surface, and solidifies to a perfectly white disc. Wax so pre- pared, however, according to the experience of wax-ehandlcrs, does not keep its color; its whiteness is not permanent. They, therefore, exprei^sly refuse using it, and will only take wax bleached by the sdd, in the ordinary manner. By the common process yellow wax is melted over water in a vessel with a cock for decantation, and constantly stirred with about | per cent, of tartar, which acts like a weak acid and clears the wax. After being left at rest for a few minutes, it is drawn offinto a second vessel containing lukewarm water, in which it is kept at a tempera- ture nearly approaching that at which it solidifies. In front of this vessel is a flat stone cylinder, or a kind of round grindstone, dipping half way into water. The pipe for drawing off the wax ends in a disc pierced with holes with a downward direction] and perpendicular 128 AEsm. above the stone, which turns apoD its axis, and is thus kept coi staatly wet. As soon as the cock is turned, the wax {>ours out in thin streams, which, falling upon the stone, become llHlTcne<l antl sink into the water in the form of thin ribbons. To lU-oolorize this rUh boned wax, it is spreitd out upon linen siretclietl in frnmes, and exposed to the dew and the tight of the sun, until no further alteration of color is perceptible. The ribbons are then only yellow in the middle; to bleach this pari, the wax is again melted and exposed, and this operation is repeated until it is perfectly white throughout. Tlic observation of the wax bleachers, that in rainy weather the wax gets n grayish tinge, which cannot afterwards bo removed, ts ai; remarkable as U is difficult to explain. Great loss of time — for it requires three or four weeks — dust, refuse, render the process very expensive. Bleached bees' wax is cast for commercial purposes lo small disc a few inches in diameter, and two or three lines in thickness ; it h a very slight tinge of yellow, is translucent, can be kneaded, but i brittle in the cold. It is composed of two substances which can be separated by alcohol, cerine and myricine in variable proportions. Under the name of Japan toax, differeut kinds of white wax, vary- ing at least in fusibility, are met with in commerce at dilTerent prices, the alleged origin of these from a Japanese plant, Rhus succt'dania, L., belonging to the family of the Anacardinea.-, still requires con- firmation. It is softer and more brittle than bees' wax, bears a strong resemblance to it, but is more fatty, and like tallow to the touch, though cnsily kneaded; its melting point is between IIM° and 108°, Containing twice as much oxygen, it is not so valuable as a source of light as bees* wax. It ditlers still more from bees* wax in ita composition ; being composed of a peculiar fatty acid, palmitic actd {Cji H,, Oj) with oxide of glyceryle. According to Solly, vegetable wax can be bleached easily and economically with nitric acid. With this view, sulphuric acid diluted with half its weight of water is poured into the vessel with the melted wax, and from time to time, uic hot mass being constantly stirred, crystals of Chili saltpetre (nitrate of scxla) are thrown iu. Whilst sulphate of soda is formed, tlie nitric acid, evolved in considerable quantity and at all parts, penetrates the layer of wax, and destroys the foreign coloring matters by oxidation. Resin. — The sap of the whole genus Pinus, belonging to the family of the Conifers, in the fresh state sometimes perfectly clear, at others only partially so, colorless or yellow, thickly fluid, and having an aromatic odor, belongs to the class of resinous vegetable substances called baisams; and is known by the name of turpentine. It is the solution of a re^n in oil of turpentine, both, of which substances stand chemically in such close relationship to one another, that the former is produced from the latter by the action of atmospheric oxj'gen. If oil of tur(>crttine => (C„ H„) is a hydrogen compound of a like nature to the hydrogen acids, i. e., a combination of a carbo-hydrogen with hydrogen (C^ II„ + H), and judging from experiment it cannot well be otherwise, then the formation of the resin is nothing more than an 4 RESIir. 129 I abstraction of the hyJrogen (H) by oxygen, for Ibe pcoductioa of water, and ■ snbslilution nf another equal quantity of oxygen in its place. Thereiin of lurpptitineis therefore a mixture of two substances of this kind, which are aJHed to the acids, and have a like composi- tion; they are sylvic acid(C^H„0,), andpinic acid (C^H^ 0,). IKf- fereut proportions of oil and resin, and certain outward indications, serve to distinguish the varieties of turpentine in commerce. Common turpentine, from Pinus $ylvestns and ahia (also called fat turpentine to distinguish it from oil of turpentine, which in the arts is called simply turpenline], contains from & (o 25 per cent, of oil; it is less clear, and whitish-yeltow, soon becoming hard. Venict iurpentine, from Pintis iarix, is beaulifulty clear and colorless, containing IS to 25 percent, of oil; the thinner Strasburg turpentine, derived from Pinus picea, contains 33 per cent, of oil. The Carpathian and Hun- garian varieties are obtained from Pinus eembrn and mugOy the American (Canadian) from Pinus canadensis and balsamen. Wlien common turpentine dries up, or hardens into resin upon the trees, it is called pine resin, or white resin. Internally it is soft, but harder on the outside ; it can be kneaded, and contains 10 per cent, of oil of turpentine. When it is coninlelely melied and (irained from the particles of wood, the only residue is (Burgundy) p»(cA, or cob- bler^s-wax. To obtain the oil of turpentine, which is much more Taktable than the resin, the turpentine is distilled in a copper retort, with about 4 part of water. VVhr-n no more oil and water passes over, the raelicd rean is drawn off and strained. On cooling, it forms a brown, trans- parent brittle mass, more or less dark in color according to the extent to which distillation has been carried, and is then called **rorin'* or colophony. At a temperature of 156° F., it becomes soft, and can be kneaded, at 275*^ F. it is completely fluid. Heated without access of air, it evolves gas, combustible oil, and an acid water, leaving about 0.75 per rent, of carbon as residue. Its specific gravity is 1.07 to 1.08. Colophony consists essentially of pinic acid, mixed with a little sylvic acid; its dark color is attributable to the easily decomposed pinic acid, which has been partially converted into an- other resinous acid, colophonir acid. By fusing together 3 parts of colophony, and 1 part of white resin, another resin is produced, which is also sold as cobbler's-wax. For the same purposes as those tor which pine resin is used, besides the resinous and tarry products of the dry distillation of wood, certain fossil substances of a .similar kind are employed ; these are partly fluid, partly solid, and impregnate the sand, clay, and limestone deposits of the secondary funDation. In Genoa it is reported, that the naphtha of a neighboring spring (Amiaoo) is used for lighting the streets ; on a larger scale in France, the bituminous shale of Autun (Dep. de Sadne et Loire) is employed for gas illumination, and is distilled for this purpose with aqueous vapor. The shale produces from 10 to 25, sometimes as much as 50 per cent, of mineral tar, from which ga.-) is prepared. Of Coal. — All tliat is requisite for our present purpose, concerning the properties of this substance has already been stated at pages 35 130 ILLVMIXATIOff. and 54. Those l^intls of coal are Wsl fitted for illumination, which produce, when distilled, the most luminous and Ihe largest quantity of gas; in general, these are such as cake, and leave little, or else rery porous, coke, properties which depend not so much upon an excess of hydrogen aa upon the general constitution of the coal. Id England, the best gas for illumination is almost entirely got from can* nel coal. Of Hlumijialiont and of the Methods of Reding U. — As has already been pointed out, the methods and arrangenjcnta for obtaining arli- ficial light, vaiT with the nature and properties of the material, although on the whole the same principles are observed throughout. All the substances producing light, which leave charcoal or other residue after decomposition, can only be used for gas iLlumination ; the others, which leave no residue, or mere traces of charcoal, are burnt in lampty when they are fluid at common temperatures (oils), or as candles^ when ihfy are solid (tallow, wax, &c.j. Of Candles, and the Modi of prtparing them, — Candles are cylin- drical or slightly conical rods, formed of solid fat, in the axis of which a bundle of parallel or woven fibres of cotton is enclosed. Taltoto Candies. — When tallow candles are made by repeatedly dipping the wick into the melted fat, they are called dips, to distin- guish ihena from moulds. For moulding, besides the common metal inoulda (a mixture of tin and lead}, moulds of glass are used. The former are very slightly tapering tubes, polished inside, Fig. 17, a, the lower end of which terminates in an open pmnt b. irVr fflSBAil ^^ ^^^ ^^^^ '^'^ candle frame many of these 5|j*t vl9v^ moulds an; arranged in holes made for 1^^ ^^^^ that purpose, and rest in these upon -^^W I^V shoulders somewhat below the upper on- lice, in such a position that the point of the future candle shall have a downward direction. The wick passes somewhat prominently through ihe aperture 6, where it serves as a stopper, and is fastened at the lop of the vessel Ji which forms a part of the mould, and consists of a mova- ble lop, titling exactly into the tube with its narrower part m. From a point in the margin c, a piece e is soldered in Ihe direction of the radius with a round opening or eye n, so that the two orihces for the wick n and b are exactly opposite to each other, and the wick itself is thus brought exactly into the axis of the mould. The upper end of the wick (or the lower in the candle) is previously saturated with tallow to give it more consistence. Otherwise, when the little vessel .lis not used, Rs with the glass moulds, a peg is put through the end of the wick formed into a loop, and rested upon the end of Ihe mould, whilst the wick is pulled tight from helow. Candles arc also made in which there is no visible wick at the base, but which have the appearance ri|. 17. ARD THE MODES OF EFFECTING IT. 131 of being quite massive. In matcincf Oiesc, a wick is chosen some- what shorter ihan t\w. mould, am! is kept light in the first instance by a looped thread, which is afterwards drawn out. Whatever arrangement may be adopted with the inniilds, it is always absolutely necessary that a certain quantity of tallow should be melted and cast in an upright position. It is essential in mould- ing that the tallow should completely fill the mould, that it should remain entire on cooling, without cracks, and should be easily removed from the mould. These requisitions can, however, only be attained when the fatty particles at the sides cool more quiclcly than those in the interior, and when the whole candle is rapidly cooled, f. e., when it contracts but little. For this reason, a cool season of the year is preferable; but a certain condition of the tallow, namely, that which it possesses at a temperature very near its raelling-point, is absolutely necessary. The candle-makers recognize the proper consistence of tbe tallow for moulding by the appearance of a scum upon the sur- face, which forms in hot weather between 111° and 119° F., in mild weather at 108°, and in cold at about 104°. The tallow is usually melted by itself, sometimes, however, over a solution of alum. The filling is gi-nerally done with a small can, but much better with a tinned iron syphon. The candles are most easily removed from the mould the day after casting, to be cut and trimmed at the base; when the little capsules are used, the whole portion with which Ihey are filled is removed. In the process of dippirtf^, two vessels are used, one for melting a supply, the other containing tallow in the proper condition for dipping. The wicks, according as 6 or 8 candles are to go to the pound, are hung side by side on a wooden rod, broach, 16 or 18 together. That the broaches may be set aside conveniently and without interruption during the operation, in the same order in which they have been dipped, a frame of laths [the port) is placed over a flat tray to collect the droppings. The first thing in the operation is to saturate the wicks with hot tallow; cold tallow would not penetrate sufficiently into the fibres of the wick, and would become solid long before the next operation, the dipping. The saturated wicks are rounded and smoothed, either in the palm of the hand or upon a Hat board, and taken lastly from the port in the same order in which they were saturated and dipped a broach at a time. The dipping is done by a quick, steady motion of the hand, only 1o be acquired by practice; having been once dipped in the upright vessel with oooled tallow^ the dips are placed again upon the port, and the operation is repeated again and again in the same order until the candle Las acquired the proper thicknesti. By a more or less dee|) immersion in the tallow, and particularly at last, when the candles are left so long immersed that the lower part may be melted off, the natural tendency of the tallow to collect in too thick a layer below is obviated, and the candles assume a cylindrical form. In some places the wicks are attached to the edge of small discs, which again are arranged on the periphery' of a wheel movable upon a peipemlicular axis, so that, as the wheel 133 IllUMINATTOie, is turneil, ihf Ai$c-» are Ruccewively hroiiglit aboi'e the melte<i lallow, and can be detached for immersioti. A warm piece of iron with a round hole to suit the size of the candles, aids in giving item their regular form. Although the process of dipping is much more laborious and trou- btesome than moulding, yet it admits of inferior kinds of tallow being employed for the inner parts, whilst thu best is usetl for the outer. It must be fnrthcr rcmarWpfl, that storpd cnndles are very much better and harder than those freshly prepared, and that these latter often turn out yellow, but can always be bleached by exposure to the air. Wax Candles. — Wax is not adapted for moulding, in consequence of the contraction which it undergoes in cooling, and the tenacity with which it adheres to ihe sides of the vessels. The method adopted in preparing wax candles is, therefore, more analog-ous to the process of dippitig, only that the wicks, instead of being dipped into the wax, are hasted with it. The wicks, previously warmed ia a stove, are attached to a ring of wood or metal, suspended over the melting vessel, in the same position which they eventually retain in the candle. WTiilst Ihe wick IS kept constantly turned round its axis by the fingers, hot melted •wax is poured slowly oa-er it from a ladle, beginning about 1^ inches below the loap; by turning (he ring, the nest wick is put through the same operation, and so on. Before more wax is poured over the wicks, their position on the ring is reversed, and that no wax may attach itself to the free portion of the wick, that part is covered with a cap or tube of tin. Wax is now again poured upon the wicks one after the other, keeping them constantly turned round as before. When the candle has attained a propor thickness at the bottom, the basting ceases, that the bhape, the bottom being always tbiooer^ may be made uniform. This is done by rolling them upon a wet table with a rolling boaril! whilst they are still warm; and to keep them warm after t^ing Ihera otf the ring, they are laid betweerf hot flannel. The candles are then hung up again in their first position, the cap or tube having been removed from the prominent part of the wir-k, and they are basted a third time, the eye of the workman being the only guide to determine the proper amount. When the candles have attained the proper size, thr>y aie again rolled and cut to a cer> tain length. When a wax i-andle is broken, the annular layers, like the yearly rings in wood, can easily be counted, and iheir number indicates the number of limes the candle has had wax poured over it. By dexterous management and much practice, time may be spared, and the wicks, hanging in the first position, may be covered at once with the proper quantity of wax. The large church candles are not moulded, but are made by placing a wick upon a slab of wax, bending this together and tlien rolling it. The long thin, coiled wax tapers are made in a peculiar manner. The wick, which must be very uniform, and wound round a drum, passes from the latter into the wax pan, at the bottom of which a guiding roller is fixed, and from thence through a drawing-plate to a AND THE MODES OF EFFECTING IT. 133 second ilniro. The drawing-plate is quite similar to that osed in wire-drawing; it is a metallic plale, with holes correBpondinjt in size to the diameter of the taper; these are, therefore, rouoJ when the taper is to be cvlindrical; and in the shape of a star, when the taper is to be grooved. The wick passes through smaller and smaller holes successively, until it has attained the ro<iuirod thickness. Stettrine and Spermaceti Candles. — Stearinc candles are alwajs cast in moulds, altbough the tendency to cr^xlalize in this substance, is an obstacle difficult to be overcome. Pure stearine, cooled under ordinary circumstances, does not attach itself to the sides of the mould, but is uneven on the surface, as a result of crystalization ; it ts, con- Iseqiiently, never employed ajone, but with the addition of I) to 2 per cent, of wax. The mixture, melted in pans hy steam heat, must be allowed to cool, with constant agitation, until it has a milky a|l|Kar- ance, and is still fluid. In tbis state, a portion is already solul, in the form of small crystaline needles, which remain suspended in the »flQid, and give it a milky and thick appearance; cast in this state, steariue produces smooth and well-formed candles, but without the agreeable translucency of pure stearine. By wiping the candles writh a rag steeped in alcohol, they re^tn the requisite lustre.* Candles are moulded precisely in the same manner from spermaceti. Both wax and stearine candles should be ex[)osed at the same lime lo sun-light and dew, which together gradually bleach them. On Oie ICvolution of Light by Candles. — The candle may be con- sidered as a real microcosm of ttlumination, in which all Uie indivi- dual functions regulate each other. The curious man- ner in which the separate functions mingle in a candle, F'«* **• and pass one into the other, in carrying out the main object, as well as the force of long habit, render the very same apparatus, (as far as the principle is con- cerned,} performing the same operations, less remarka- ble to the casual observer than gas illumination, whichf I being carried out on so extensive a scale, and at a vast expense, excites more general astonishment. In a catKlle in fiill tlame. Fig. 18, a, the fat below tbe flame is melted into the form of a hollow cup by the heat radiating in all directions. A reservoir is thus formed, in which that which is melted by the heat col- lects, and from whence, at the same time, it is supplied to the flame. The quantity melted exceeds, under nearly all circumstances, the quantity consumed, and there is consequently always a store of melted fat 6, which is constantly being renewed. It is easy to con- ceive that it would be no impossibility to ignite a stick of tallow or wax by itself (witnout wick); but with what difficulty! A mass of fat of the thickness of a candle [^Tti« «M of whiu *r(«mc io cam» the wicltt of iicnrin* ntwDn to tM imra vmOy . tft Mb. miut nc wr be jwrmltied, ■> it la racui injuriont k> betUth. 134 SVOLUTfON OP UGHT BY CAHnLES. can ontj be set on fire by a corresponding amount of heat, to produce which, a comiuoa watch is quite JnsuHicient. Ou the other baiui, if it were exposed to a sufficiently hot flame, it wowld he melted away long before it could take fire- Supposing, nevertheless, that it could be Ignited, then the whole section of fat would naturally be on fire at once, a much greater quantity therefore than would correspond with the simultaneous supply of air, and the first requisite for the produc- tion of a clear flame would thus he wantinf^; a large, thick, smoky flame wouJd result, the excessive heat of which would probably melt down the remaining fat before it had lime to take fire. It would be superfluous to examine further, why a candle cnnnot he ignited from below. Hence, therefore, arises the absolute necessity of sapplying theflame, every moment during the combustion, with as much metUd fat Jwvi the mass as can ht consumed by it without smotcf, with & given amount of air supplied to (he flame. The whole funclion of the wick has been herein expressed, but it must not be forgotten, that it is necessary to raise the iasulaled portion of fat to the flame which is above it. The power employed for raising the fluid, is capUlary attraction, inasmuch as the interstices between the fibres of the wick fi^rm a aumber of capiltnry cylindrical spaces, whose action, however, depends upon the property of moistening the fibres which the fluid to be raised must possess, and which fortunately is the case with the fata to a considerable extent. Quicksilver, for instance, instead of being raised, would be depressed in these minute channels. Besides capillarity, the wick mu^t possess another property quite as essential, and which is easily measured. The flame is always produced at thai part of the free wick which is in the middle between its point of most active capillary action, and the point where the flow of raelled fat ia excessive, therefore, always at the same distance from the bottom of the cup a, lu pro|)ortion as the candle diminishes, the flame is lovi- er<>d and leaves the wick behind it; so that, at last, the wi<rk extends the whole length of th« flame or beyond it, and tlius prevents the evolution of a great part of tiie light. The wicks, therefore, if the candle is to regidate itself, must shorten as the candle diminishes,!, e. they must be prepared from a substance which is combustible in (he heat of the flame. The wick-cotton met with in the shops, is the soft, smooth spun cotton of the first spinning process. A skeiu with half as many fibres as the future wick is to possess, is doubled, (so that the loop whirh is always at one end of a new candle may be formed,) ami so rolled with the hand, that the single fibres acquire a spiral twist which kt^eps ihem together, and prevents Ihem from spreading out in the flame like a sheaf. .A.n unavoidable circumstance, however, always apposes the natural rifgular consumption of the wick. From (he posiiion of ihe wick in the axis of the flarae, the requLsite quantity of air, being used up by the tlame itself, does not reach the wick and completely consume it. The fibres of cotton are therefore charred; and they remain so until some part projects beyond the flame, and coming into contact with the air is consumed. If this happens as it generally does, too late, then soot collects in conse- EVOLDTION OP LIGBT BT CANDIAi. 135 qnence of th« interruption of the flame, m a spongy snufi* at the lop darkens tbe flame, and falls cveotiidly into the cup a, where it caiiseit further interruption to the process. In wax, stearine, and sperm caodles, this evil has been ingeniously avoided by platting the wick like a cue, or by twisting it very much. The tension thus caused to exist amongst the fibres, obliges the free part of the wick to bend considerably, which brings the end c sufficiently soon out of the flame to be constantly reduced to asb.* The jTinmetry of the flame is par- tially destroyed by this arrangement; it follows the inclinatioD of the wick, and consetjuenlly melts too much fat on the one side, which aoott gutters orer the melted edge of the cup. With the above sub- stances, this guttering is less perceptible; but with taUow, which melts at from 68'^ to S6'^ K., it occurs to such an extent as to preclude altogether the use of platted wicks, and the charred ends must there- fore constantly be remored with tbe snuffers. Wax, stearine ajul spermaceti, besides possessing the unessential properties of producing no fatty stains, of being dry and not greasy to lae touch, and of presenting an agreeable appearance to the eye, all fiise at a higher temperature than tallow, a property which is essential to the establishment of proper equilibrium between tbe quantity of fat melted by the flame and the quantity simultaneously consumed. The former quantity \s generally in excess; the reserroir h becomes over full, breaks through tbe side of a, flows down and solidifies as n ridge on the side of the candle, which thus becomes Ihicttened on one tide. Generally spealting, no candle actually exhibits this equilibrium, whatever may be the material of which it is composed ; tallow can- dles, generally, much less than the others. For, independent of the fusibility of the material, it is influenced by the relation which the mass of*^ fel, t. e., the thickness of the candle, bears to the size of tbe wick, a relation which has been established approximately by long experience. The usual dimensions of a candle are, therefore, not fixed arbitrarily or by chance, but are absolutely necessary to a well- regulated process of combustion. If the wick is loo large in propor- tion to the surrounding mass of fat, as is the case in tapers, no reser- wrir is then formed, and all the advantages attending it are lost. In tbe opposite case, which applies to all common caudles, the wick which is rather too small prmluces a flame, whilst the outermost layer of fat is beyond the sphere in which fusion is going on. A thin ring- * Palma't talkyir camUai, th« inreotim of ■& EnglUfanuui, ue mmi« upon ibi* prin- I <if4a. Fwtly by ■ pwiicnlftr twin in both wick ti«lTe», pmnly by wiodinf s Mm wbe mnd duH httlrcA •rpanwly, thty are nude 10 aepsraie like « Ibarlr, wheo boili end* pMdngOHI oTthe (lainc are FuiuttMlr RXMWn«t) ; tb« Buulhf with wlikb lallow beaomca ■aid, CHMM it u> ran ilown ao mpidly bf Ait exMiukia uT ibe Jlarae, that tlib bceonm a pcKt abjcctioa la I^tlmrr'a invention. (Tlii* i« oompleldf ubTMled by nmof hlmcr's candle hunp», in whicli th« cemllvia vodueed in a hollow metallic IuIm fiwraincibe Hem «f tbe Imp, and i» kepi down by a nootle. Uuou^ wbich the m-iclc piojects; a ipring at the botlotn orUM> tiilw tiircm the awdlc up to the HMBlein piujiortionasil boonMimed ~\ lhu> tnaiiHatiu die flame alwafi at the niao beigbL) shaped wall, as is easily observed in the less fusible stearine cnodlM, rfraains erect up to a certain height, and is very objectionable from the shadow which it throws, but more so from its being gradually undermined, and falling into the reservoir which it overfills, and causes the candle to gutter. When it has once overflowed, the evil is doubted, for all the fat which, by overflowing, has formed ridges, is still further removed from the region of (he name. In night Tights, made of stearineor wax, where intensity of light is a secondary con- siderBtion, this circumstance has been turned to account. These are made with a common sized wick, but a disproportionate thickness of fat, so that a ver)' deep and full reservoir is formed, an excess, there- fore, of mehed fat, which, as too much of the free part of the wick remains immersed, causes them to give a very .Hmall quantity of ti^t. For the sake of safety, they arc made so short, thai they will swim upright upon u basin of water. Several periods must be distinguished in the whole course of the process which is going on in alighted can- dle. The heat generated by the flame, and for the greater part car- ried upwards by the current of air, acts, however, by radiation to such 31 degree downwards, that sufficient, or rather too much, fat is melted, for supplying food to the flame. The fat is supplied directly by the wirk, the capillarity of which is ironstantly Ht work, Fig. I8t. sucking up the fluid matter, and carrying it to the sphere of combustion. The lower uncharreU portion of the wick (up to d) acts the part of a sucking tuiiin ; the decomposition takes place in the entire upper lack portion. The fat which arrives tliere, is imme- diately exposed to a high temperature, without being able to come into direct contact with (he air; it is in (he same position a.s if it were enclosed in an iron retort between red hot coals, and it suffers consequently dry distillation. The gaseous and vaporous combustible products form the dark nucleusyof the flame," between which and the surrounding air, the sphere of successive combustion is situated. The air streaming from below upwards, to the gases iny, consumes in the first instance the hydrogen, and separates the carbon as incandescent soot; this occurs in the luminous part of the flame e. Lastly, nn. the outside, in the hardly perceptible blui^ halo^, the carbon is consumed: this occurs chiefly at the base, which does not appear luminous, in conse- quence of the air exerting its full influence at that pari. Ever)' portion of tallow, which burns and gives out lif^t, prepares the following portion for undergoing the same process. The dinerent States of the ilanie may be partially made visible by an interesting I I I ' Irnkginp n thin drculnr Motion at thni? lamea 'tiaalMni in iho Rame; tbi* will riM, vid durinx il> nrcvnt, bjr rcntpii vf tli« cvrntniii cwnbuMioii, will dimiciiib in iliunvHr tiniil it entirrly iti«ippr«i*. The vriociiy n( this diminviinn, ioiRih«i with the vekicitjr »f lb* kKvni (of Ui* cunicni of uii), pro ntv lo tlio conicnl itiNpa of llie (tuna. OP LAMPS. 137 I experiment that is easy of execution. If a bottle is filled with water^ and supplied through the cork with a syphon in a downward direction, and a tube drawn out to a point in an upward dirc-etion, ami this point be brought into the interior of the Aame whilst the water is allowed to run slowly from the syphon, the bottle becomes tilled with the combuRtible vapors in the form of a gray smoke. The vapors obtained from a stearine candle condense for the most part, to a dry, solid, fatty acid; not so those from oil or tallow. On blowing with the mouth, these vapors may be expelled from the bottle, and they burn, when ignited, with a distinct ^ame, which is but slightly lumi* Dous, in consequence of the admixture of air. The expenment mar be made without danger with a common pipe, and by suction with (be mouth. Ttie importance of using hard solid tallow, to prevent guttering, is obvious, and all the materials should likew^ise be as pure as possible; for uhntever is not decomposed in the same manner as tallow or wax, will obstruct the capillary tubes of the wiclc. Of Lamps. JVight Lamp without Wick. — The upper part ofacandle» Ihe hollow with the exposed portion of the wick, which we have called the reservoir, and in which the fluid (melted) fat is burned, is not dif- ferent to principle from ordinary lamps for these are only arrange- ments for burning materials (fat) which are fluid at common tempera- tures, as the oils. The iirst object is to isolate as much of the oil as is required for the prodaction of a flame. The simplest manner in which this can be effected is that practised in the night lights shown in Pig. 19. On a layer of oil [A) covering the surface of ihr water [B) swims a brass Pig.l». cup c c, at the botlom of which is a small piece of glass tube fitted tight by a cork. Al- though, before ignition, the oil rises in the interior of the tube above the level on the outside, yet (as an addition lo what has already been stated concerning the wick), the capillaiily of the tube is annihilated by the beat, and the fluid is actually depressed. To obviate this, the tube must be fixed so far below the surface of the oil, that (he greater pressure of the chI without shall overcome the depression within. In this manner, the insulated oil in the upper part of a may be i^ited, and continue to bum by itself. The con- ditions under which the oil is consumed, so far as Ihe production of light is concerncil, are the most unfavorable, although the purpose of a night-lamp is folly answered : the flame, in the first place, is much too small to produce sufBcieot light for common purposes ; and if (he size of the tube is increased, the oil will no longer bum. The flame is, moreover, so deep down, that only the ceiling of the loom is illuminated, and not the surrounding part. Both these evils, and par- ■ ticularly the latter, are avoided by the use of wicks ; but others of I q;uite as grave a nature are substituted in Ihetr stead. The oldest LZ_ I I I A 138 OP LAMPS. F.g. 20. V airancfetnent of this kind, the antiqiie lamp Fig. Fig. 20, 20, with all ils artistic perfection of form, which so often excites the wonder of connoisseurs, is nevertheless, techoically considered, the most im- perfect of all. In an extended, open, or closed oil vessel, is placed an unspun round wick, which is held by a nozzle at the beak ; the wick here, therefore, as in lamps generally, serves to regulate the supply of lighting material, bendes having other important functions. It admits of giving more scope to the flame, and also by reason of its capillary action, of raising the flame above the surface of the oil in the vessel ; but this is attended with fresh disadvantages. In the first place, it is obvious that the surface of the oil must sink with the consuuiption, and the wick is thus ex- pected to raise the oil to a height that exceeds its power: the tlame gradually grows dimmer, and is at last extinguished. Further, the thickness of the wick requisite to produce suflicient flame, involves a disproportion between the supply of oil which ascends for consump- tion, and the amount of air from without. As this is supplied from the outside, there must be a nucleus a, in the section of the wick. Fig. 21, which is deprived of all air hy the surrounding Fij. SI. part 6, 80 that uuhurnt particles and soot in particular must ® escape, and cause the fiarae to smoke. The shadow of the oil vessel is, lastly, very considerable, although in a down- ward and backward direction. It is obvious, that this J shadow will be lessened, by bringing the flaiQe forward away from the vessel. The common kitchen lamp, shown in Figs. 22 and 23, has this single advantage over the antique lamp. Fif. as. Fig. 23. / the beak being removed from the vessel, the distance between the vessel and the flame is increased, or the angle b a cis made more acQte. Hie whole series of improvements made in tamps ufi to the present time, must be considered as the reward of no inconsiderable expendilure of iugtnuity in the inventors themselves, and of a clear WOKHS'-LAirp. perception of the working of physical laws, enabling Ihem not only to overcome ihe diflTirultiesof the subject iiself, bnt also to adapt the nfw coatriv^nces to general use, and to the mauagemeut of llie unskilled. A general view of Ibis interesting subject, will place clearly before us the essential points, which it has been the object of the inventors to Btlaio, sometimes ^ngly, sometimes several at once. They are these: a) To select such a form (section) nf wick that the quantity of decomposed oil, and Ihe simultaneous supply of air, may stand in such relation to eaeli other, that Ihe hydrogen and carbon may be consecutively consumed, and consequently no smoke produced. b) To make the distance between the burning part of the wick and the surface of the oil as unchangeable as possible, in order that as much oil may be drawn up at last as at first. c) To place the reservoir of oil in such a position, that the shadow shall occasion little or no inconvenience. The use made of the lamp must, of course, here regulate its form; it is not, however, always a fault when these do not exactly correspond. Thus the shadow thrown by wall lamps is unimportant, as the lamp itself covers the shadow : in like manner, the shadow of a common study lamp cannot be considered as a fault, being us«d only by one person, although its prevention is always an improvement. d) To throw the light, radiating from the flame, by means of col- lectors and reflectors, from those parts where it is of little service, in the direction where it is most required. The requisitions stated under a), have been complied with in two ways: on the one hand, by controlling the access of air (the quantity of airj ; on the other, by regulating the supply of oil, and often by both at the same lime. They hare reference to that part of the lamp called the burner. The scrupulous enumeration of the manifold modifications, and for the greater part, unimportant improvements in lamps, which have been presented to the public during the last twenty or thirty years, would be but a tedious labor; and in the following observations, we shall only lay before the attentire observer those inventions which appear to indicate important progress, or form epochs in the bistory of this subject. When particular parts only are concerned, these are treated of separately ; when the improvements are more general, and include fieveral parts, they are described in connection w^th the whole lamp, that a clear insight into their functions may be obtained. Wormt''-Lamp. — In the countries bordering on the Rhine, the Worms'-Iamp, shown at Figs. 24 and 25, is well known, and charac- terized by the shape of the wick t. The fibres of the M-ick, instead of being collected into a round bundle, are placed in small bundles side by side, forming together a flat ribbon. The rfTect of this is obvious. The edees of the flame are at no point so distant, that a nucleus can form m the centre, which firom want of air will bum in- completely, and smoke. The flat socket c, serves to bold the wick ; it is soldered in the diameter of the wide ring rf, which, with its re- 140 STUDY -LAMP. curved edge, rests upon that of Ibe glass globe a a. An important^ addition to its flat form, is its movabuiiy^ and this is common to all Fir- i^ FiK.35. the following kinds of lamps. The teeth of a wheel e and /, more distinctly seen in Fig. 26, are somewhat advanced into the space occupied by the wick, a cut being made in the socket, so that they pre» the wick in Mmtr measure aeaiii»t the back side. According as the screws are tunii-d, the wick is cither raised or lowered, and a larger or smaller portion of it is engaged in the combustion. When the wick is high, a large quantily of oil is decomposed; and when low, a small quantity in the same space of time; ihe supply of oil ia, therefore, easily regulated. By means of the stem a, the oil vessel can be placed upon any kind of foot. Besides the very unequal, _ Tig. 86. constant ly decri'ssing height of the sur- face of the oil, anoiner objection may be raised to this arrangement, on account of the size aod disadvantageous direction of the shadow, the conical space between fjy, and tJ /f, receiving no direct light. Study-Lamp. — In the common study- lamp. Fig. 2ti, the oil vessel a is more flat, and instead of bein^ situated below, is behind, and at the side of the Bame, so that its shadow falls much beyond the immediate vicinity of the flame, and in no way interferes with the person in front of the lamp. The greater part of the light passing upwards, is collected by the shade Ar, and from every jioint of its inner aurface is reflected downwards towards the opposite ti TBK A8THAL-LAMP. MI I I I I Fig. S7. n t I side. The iDclioation of (he sides oi the conical shade is, therefore, not unimportant, and should be at an angle of about GO'^. The shade can he liirned on ihe support m n. The raolion communicated lo the wick tl is not from above, as in Fi&;s. 24 and 35, in which arrange- ment the pressure interferes too much with the SQppI; of oi}, and the flame is too much cooled by the proximity of the wheels, but il is from below. The clamp u. Fig. 27, which sustains the wick, is firmly connected with the toothed rod e. By turning the wheel o, this and the wick are raised up or down; the wheel works in the separate compartment g, as does the toothed rod in descending into A, whilst the clarop, the rod of wire, and the wick, by means of a rectangular appendage c, Vig. 28, are all enck>sed in ihe space aflottcd to the burner. This communicates with the oil vessel through the tube 6; i is the enclosure round the burner. The motion of the wick, by means of a toothed rod and wheel is, under various modifications, common to most lamps. The stopper /, at the aperture for filling the oil vessel, must be pierced, that the air without may not depress the oil in the burner. TTie Astral-lamp. — The aslral-lamp, of which a sketch is given in Fig. 20, was con- structed by Hordier Alarcet, with the idea of making as imperceptible as possible the sink- ing of the level of the oil, and at (he same time the diminution of the llame by means of a rery flat oil vessel, in which, therefore, a larger quantity of oil only occupies a very in- significant height. It is clear, that (he annnlar flat oil vessel will pro- duce only a small unimportant sha- dow, although this will necessarily be thrown on all sides. At the same lime, the side nearest the flame a a U so inclined, thai it acts like a shade. The burner is not peculiar to the astral lamp, hut is the well-kiwwn ioveniioa of Ami Argand, in 1789, and named after him; it is by far the mo5i important kind of burner employed for illuminating purposes. The Argand burner, with double draught, consists of two metallic cy- linders, one within the other, c and d : in the ring-shaped space between Fig.sa. A ri|.M. 143 TBE ASTRAt.*LJUIP. J them, which is cloMd at bottom, contains the oil And the cyliotlrically woven wick; the latter is clatDpeti between (wo rin^s, which are con* nected wiih the screw. Hie inner cylinder is open at top and bottom. The extraordinary advantages of this arrangement are easily under- stood. It has been already shown, that with entire (massive) wicks, a nucleus is formed in the middle of the candle, which illumines but little, and smokes from want of air; with the hollow wick, a current of air if. directed exactly to that spot, so that the flame is surrounded by two concentric currents of the same kind. The current prcxluced in the air by a freely burning hollow-wick ^ame, or the natural supply of air, is by no means siimcient to produce the requisite amoutit of light. As soon as by raising the wick, the size of the flame is in- creased, a thick smoke is the result ; and when the wick is so regu- lated as to produce no smoke, then the flame is weak and deficient. But Argand understood how to give a real pructieal use to his inven- tion, by applying the happy idea of an artificial draught. The prin- ciple is the same as that of chimneys: a rest on the outside of the burner supports a straight glass cylinder,* which, including the inner and outer draught of sir, exerts a powerful influence upon the velo- city of both, in proportion to its height With this arrangement, the point at which smoke begins to he evolved, corresponds with a much higher intensity of llame. Another advantage, not at first anticipated, is the great .steadiness caused by the chimney. When a draught of air comas in contact with an unprotected flame, its force and cooling ioiluence produce diminished combustion, and at the same time flicker- ing and smoke; in Argaod*s burner, on the contrary, the supply of air to the flame is become self-dt-penilent, whilst the beat itself ifl made the motive power. The cylinder protects it from any direct interruption, and that arising from the draught apertures, is hardly felt at all in (he interior. It must not be left unnoticed that Fig. » a. the straight Argand cylinders, whilst assisting the draught, fait into an opposite extreme, and supply tw large and inju- rious an amount of air. This was remedied, soon afler the original invention, by Lange, and forms an important improvement; in consists in contracting the diameter of the glass chimney at a certain height above the burner at ft, thus forming a shoulder of a few lines in width, as in fig. 29 and 29a. The draught, moving in the simple cylindefi in a parallel direction to the axis of the cylinder, is thus broken at the shoulder, and thrown into the flame at a certain angle. The supply of air is, therefore, lessened, but the direction given to it is preferable; and that part of the current, which, without taking part in the combustion, cooled the flame in a useless manner, and passed along the inner surface of the cylinder, is almost entirely remored. The glass chimneys are, however, applicable to all burners with flatf round, or semi-circular wirks. * Ths original dumni'ir* umn) bf Aripiul vrera tnaulo of sh«el iron, and ■mn|9d wbon the flaraa. SlKl'HBRA L&MP. Fig. 30. 143 i-l 9irtumbra Lamp. — When tlie astral lamp is used as a han^ng lamp, the shadow of the circular oil vessel la throwD more towards the ceiling; thi« Fig- 3i. is not the case when it stands in an up- right position. By an ingenious modifi- cation, Phillips lias succeeded in bis Sinumbra lamp. Figs. 31 and .12, {sine mtbra), in rendering the shadow im- perceptible even in the latter kind, F'»- 3«. and this is done by the peculiar shape (section) of the circular tckscI o. Its three surfaces meet in the form of a flat wedge, the sharp edge of which is directed towards the name. The position of the tiame, in relation to the oil vessel is such, that two tan- gents drawn fmni the apex and base of the flame to the latter, meet a few iaohes behind it in x. Rcyond Ibis, the vessel can cast no shadow ; but even in this small space it is almost entirely destroyed by a vase-shaped grouud-glasft shade, which, resting upon the oil vcssfl, sunouitds the chimney, and scatters the light in all directions around. The manner in which the wick is moved in the sinumbra burner is original, and de- serves notice; there is neither screw nor toothed rod employed. The inner cylinder /, is furnished on its outer surface with a iteip, much inclined G]>ira] groove, into which the short peg, or appendage a of the wick-holdcr e fits. If, therefore, the latter is turned on its axis, the peg moves along the groove, and forces e up or down. From its position in the burner, however, e cannot be approached by the fingers, and directly turned ; this is effected by the cylinder d, which 144 LAMP WtTH INVERTED OIL CISTERN. Ibroughout its whole leugth — that of the burner — has a slit, into i^ a seconil peg A, oti the ourer sitle of e, fils. By this arrangem^ CRn at nny time he freely moved up or clown, out cannot be ttf| without taking with it the wii^k- holder, causing this either to be n or depressed. In order that d may be moved easily, and vrii danger frooi the flame, it is iirmly connected with the su]iport fclj chimney, terminating above in a thick ring, 2 or .1 lines wide, W rests iiiK)n the edge of the cylinder c, this being purposely d lower^ and the whole is thus brought up to the nill height c^ burner, tn this ring, the supports for the chimney are fixedi these are turned with the hand, d is turned at the same time^ with it the wick-holder, which is thus moved up and down. C mobility chararterizes this arrangement, and no forcing or compre* of the ring holding the wick can occur. All the lamps as yet described are subject to one common svilf of having the oil vessel, at all events within a few lines of the I of the burner, in a position, therefore, which throws the most ot tionable shadow. A whole series of contrivances have conse<)uJ| resulted from the eflbits of inventors to transpose this cistern eitb a considerable distl l'>s- 33- above the flame — i its shadow would upon the ceiling of room — or to a pos much below the S| when it would fall al foot of the lamp, i resou rces, however, f applied, give rise tm and critical difficult the former reciuires*) the supply of oil W flows downwards t(t burner, should be ik rately regulated. * most common and g ral application of * method, is that add in the standing hi Fig. 33. The oU cii »^ IS a movable m«C vessel, cajjable of b closed at the bollod a valve a, which m between the regul^ rods h b. In the upl |. position, the valve | L V-^— =n back, and leaves! r zn aperture open for LAHP WtTn INVERTED OIL CISTERN. 145 the msel; if the ralve is iheo pulled up hy its rod, the aperture U ckwoi, and the bottle can be inverted, and put in its place in the «e B (as in the 6gure). It is no sooner there, than an alteration occur*. The rod attached to the valve is so long that (he valve u rused ns soon as it touches the bottom of the case d. The oil, therefore, flows out for a few wconds, until it has risen go hig'h in the case as to stop the aperture of ihe bottle .^. From this in- siant, et|iitlibrium is established, and as the month of ,^ is on a level with the height of the burner, (his becomes filled at the same raomenl, connection having been tnade by means of the tube g. The tamp has really two oil cisterns, an under one, which directly feeds the burner, and an upper one, the inverted bottle, for the supply of the lower as the oil is gradually consumed. As long as the level of the oil in B remains unchanged, and the mouth o( ,'1 consequently closed, DO air can enter ^, and the whole slock of oil is liept up by the preuure of the atmosphere. When the lamp has been lighted some tifM, and tbe oil sinks below the mouth of the bottle, a few air bub- bles enter, and take the place of an equal hulk of oil, which flowing <mU raises the level in B until the mouth is again closed. Tbe same Operation is repealed, as long as oil is present in ^'J. The other parts of the lamp are easily understood : yis the sup- poft for the cylinder (the peculiar form of which will be explained Mow), q is the vessel for the toothed rod, and e is an afierture in the ewr, for the easy admission of air into the interior. Oq rfflertion it will be immediately perceived, that in all similar Imd|)«, from the peculiar arrangement of the oil ciMem, the height of 4e ml in the burner will not be always quite constant, but will tbmiately sink and immetiiately rise again to its former height, »Ust in the lamps previously described, the suction of the wtck is Radeteii more and more difBcult by the constant sinking of the level 4f tke oU. Tbe principle in question has been put into practice with better HitCMi by means of a simple vessel without case, as for instance, ^ represented in Fig. 34. The mouth ^ the movable oil bottle corresponds here *itli the lower opening b of the tube a b, which, passing through the air-tight collar *i ii movable in the lid of Jl. The oil conaomed in the liurner e is replaced from iW Mock contained (above the level n n) U<4, the place of which is then occupied by lir, which enters at b. As soon as the noiumption of oil in e ft ceases, no more «r babbles enter, and vice versa. As the l**cl of the oil in the burner is dependent upon Iht^ position of the wxilh b, this can be most accurately adapted to circumstanres, a b being movable. The cocks o and </ are only used in filing the «MeL This principle can be applied in the same manner, or in a much v PIf.H. 146 CIBAID'S LAHK more compact form to lamps with circular oil Testwls, by means of Caron's stop-cock, Fig. 35. TTie *''8- ^' conical plug of the cock is com- pletely hollow, and at a certain distance from the middle, it ia supplied with a cross bottom a, dividing the space into two uo* equal parts. In the upper part, the round lateral aperture e is A =^ made opposite to o in the lower part ; ^ and d are the correspood* ing apertures in the case. In the position represented in the drawinff^ f. is closed, whilst o is in free communicatioa with the stock of oil in the circular vessel M A. This stock comprises the whole quantity^ situated above the mouth m of the tube r» n, corresponding with the tube a & of V\^. %\. The side tube communicating with (nc burner alw) opens into q q. In the opposite position of the cock, (by closing 0,) the space Ji^ and, in the first instance, ^ 9 ts shut olT from commu* mealing with the burner, whilst the same space A can then be filled, t being open. By transposing the oil cistern lo the foot of the lamp, by which means all shadow is avoided, we forego the important advantage wbicb the free flow (fall) of oil occasions, and by means of which it can easily be conducted to the burner; and, as consumption goes on, the oil must then be raised. The lamps made upon this priaciple are interesting on account oflhe ingenious, but at the same time very complicated elevating apparatus, which partly depends upon hydro> .dynamic, partly upon hydrostatic laws, and is partly also a mere mechanical arrangement. Girard's Lamp. — Girard's (hydrostatic) lamp is constructed upon precisely the same principles as the air-chamber of a fire-engiDe, oc resembles rather Hero's fountain, Fig. 36. In these arrangements it is well known That the pressure exerted in a vessel is transferred to any other di>* tant cistern by means of compressed air, and is the means of forcing a liquid from its previous positioitt for example, in an upward direction. In Hero's fountain, (he primary pressure is produced by the column of water a fed from the vessel above it ; the air enclosed between r and the lower bulb is thai compressed, acts upon the surface of the fluid in e, and forces it to a corresponding height in d. Alt these compartments are also present in Girard** lamp, but are closely packed together for the sake of saving space, as is seen by the sketch Pig. 37, where the unimportant parts are left out. A is the reservoir for tlie forcing column of oil in the tube a b, B the lower vessel with the enclosed air (fl*), which conveys the pressure received from a b through Fig. 3«. GIRARD-S LAMP. 147 r if (^ to the vessel C, and in the lirst instance to the ftir O contained m it. As long, therefore, as there is pressure flrun a i, the air C will cause the oil in C to "^i- "■ rise in the tube ^ A to a correspoiidinff height (to the burner). This height, therefore, de- pends upon the unirormiljr of pressure in gene- ral, and ultimately upon the constant utLiforiuity of height in the column of oil a 6, which has a tendency every moment to shorteu the play of the whole, both from above and below ; from abore, by the sinking of the oil in A^ from be- low, by Its rise in B. To avoid the former, at least for the duration, of an eveiiing^s consump- tion, the vessel A is furtiished with a tube tf^ upon the same principle as that described id the oil cistern at Fig. 34, so that the height of the column of oil exerting pressure coincides with the aperture e, and all the oil above that must be considered as a store for the supply of that column. Hie latter is obviated by the narrow vessel n which surrounds the aperture 6, and is filled up to ; s in a few moments by the oil (lowing from Ay thus constituting a basis of uniforra height for the column. Both con- trivances are efleclive until the oil in A sinks below e, and has risen on the outside of t< above Ifae level i »\n B. With the requisite hei^t of the lamps, the pressure of the column would raise the oil to a greater height than is desirable. Toavcl -.\n >■%. oesave length of burner, the tube t ^ d may be curved likf u ^^ j Uiti, as indeed was done by Girard, by which means the oil in ^^is caused lo rise as much less, as d is below the fluid level in C, therefore x less. The pressure is first exerted to overcome the column of oil x, and it is only the excess that exerts an upward influence ing^A; the result is, therefore, the same as if the elevation in ^ A was effected not from the level of the oil at C, but at g^ for gh^ e s ». Future endeavors to bring the principle of Girard's lamp into a form more suited to daily use will, perhaps, be successful; for the limited application which has been made of it most be ascribed to its inconvenient shape. The following points deserve particular notice; first, OS is obvious enough, the woruing of the lamp is not independ- ent of the changes of temperature and pressure lu the atmosphere. Increasing pressure (rise of the barometer) and a lower temperature will diminish the bullc of the air enclosed in B and C, and cause an augmeoted flow of oil from A towards B. A fall in the barometer, and a higher temperature will produce an opposite effect, and cause lh« oil to flow from the burner. The effect of temperature is the stronger of the two*, but both by proper means can be rendered im- perceptible, at least for the duration of an evening. Another and m mL 148 THE HYDROSTATIC LAMP. ^.as. ^vater objection arises from the position and the shape (^ (be vessel , upon which, »s may bf seen by the sketch, ihe supply of the burner is solely dependent, whilst the oil of Jl and B is only employed as a fluid pressure. C cannot well be made deeper without increasing inirooderateU- the height of the lamp ; (here ts, therefore, no other means of afTordiiig space for the requisite quantity of oil for an eren- inc's consumption, than by adding to the breadth of this vessel. VThen this is done, and from its being placed immediately under the burner, the shadow falling between o y and o z will very much ex- ceed the space occupied by the foot of the lamp. Lastly, the neces- sary additions and apparatus for filling the lamp deprire it of that ease and simplicity in the management which daily use justly de- mands. 2T^ Hydrostatic Lamp. — The doctrine of the equilibrium of fluid pressure has found an application in the hydrostatic lamps, which Fig. 36 will illustrate. Two diBerenl fluids, brought into tubes whii-h are connected at the bottom, will balance each other at different heights above g A, according to their respective densities. The fluid above h will form a column as many times lower as its density exceeds that of the other Buid. A column of mercury requires to be only 1 inch in height to balance a column of sulphuric ether of 19 inches, or a column of oil of 14 inches. Afler salt and water, syrup, honey, mercury, had all been tried as heavy liquids, Thilorier succeeded in 182&, at Paris, in giving a decided pre-eminence to bis lamp, by the use of a solution of white vitrio] (sulphate of zinc) and hy a suitable apparatus, ^^*he^ we consider, that the fluid producing the pres- sure must not affect the oil or the sides of the vessel (tinned iron), that it must not become solid (crystalize) at a temperature several degrees below the freezing point of water, that it must be clieap, and have the proper density, we shall then understand how to ap- preciate the discrimination which led Tbili>> rier to emplt^ a solution of equal parts, white vitriol and water. Such a solution is 1.&7 titues denser than oil, so that a solution of zinc 10 inches high can support a column of oil 15.7 inches in height. It is obvious that, with the diminution of the column of oil (the consumption of oil in the burner) the solution of zinc will sink to a corresponding level, and will only be en- abled to force the oil to the original height, when it itself is fed by a reservoir of zinc solution. The cistern .4 in the section of the lamp, Fig. 39, is solely for this purpose. Fip. 89. POMP LAMPS. 149 p«.«>. In a chamber B, in the foot of the lamp, both the equally poised colamus terminate, namel}', the columa of oil tn the lube a 5, which terminates aliove in the burner, and the columD of zinc solution in e d, above which the cistern ^ is situated containing the zinc solu- tion. The flow is effected in the manner described in Fig. 34, bj means of the tube o P, through which the external air enters bubble by bubble, as the solution in r d threatens to sink. The height of the column must, therefore, be reckoned from P; B is completely filled, and by both fluids at the same time, so that no air remains in it. Into the lower solution of zinc (extending lo n n in the Fig.) the tube e d\s plunged ; into the oil above, on the contrary, the lube a b does not enter beyond the top layer of the fluid in B. From the time of lighting and during the combustion, the level n n naturally become^ higher and higher. At length B becomes quite tilled with solution of zinc, and oil must be supplied. This is done by a separate funnel through the burner, whir^h oi)!iges the solnlion of zinc to return to its former position, an outlet being afforded for the air in .ff. The tube 0 /*, Fig. 40, (twice its proper size,) is intended for this purpose, having a conical appendage h-, accurately ground lo fit into//, and luted into the lid of.-?. The position represented is that for filling, and this is effected by the peg g, which is fired to o P, and only rests on the edge of//; when A is to be closed, the tube is turned until g falls into a perpendicular cavity. The oil which ovei^ows the burner in filling, and at other times collects in the concave lid of .^, and passes off by i i, to a ring-shaped movable vessel 9. This vessel is open, and ring>shaped to admit of the passage of a & and e d throagfa the middle of it. It must not be supiKised, even when everything goes on regularly^ and the supply in .'? is not exhausted, that the level of the oil in the burner always remains the same, for the column n a 6 is constantly shortened by the rise in 71 n, and more rapidly than is the case with the zinc column n P during the same time. The inventor has suc- ceeded in rendering this imperceptible for a duration of six hours, by making the diameter of B very large in proportion to that of a 0. The difference of level does not actually exceed 2 to 3 lines, whilst the oil in the burners of astral and sinumbra lamps frequently falls 1 inch. Thus far Thilorier^s lamp would combine a groat number of advan- tages, if these were not accompanied by one very critical circum- stance; it cannol be carried, nor indeed moved, without the danger of being extinguished, for the slightest inclination, as in the barome- ter, produces considerable fluctuations in the respective levels of the two fluids, and these fluctuations are always 1.67 limes greater in the column of oil than in that of the zinc solution. For tbts reason} the lamp has not been so generally introduced as its other very great advantages would warrant. Pump Lamps. — The general conclusion may be inferred from what 160 CARCBL'S LAMP. has been said, that the difierent static lamps either do not attain tlie important advantages which their cnnntruriion was iotendetl to confer, or are ftccompanicd with corresponding disadvantages. In contra- distinction to these we have the lamps with a mechanical arrange- ment for raising the oil; and as a pump is generally employed for that purpose, they are called pump lamps. The simplest example of these is the pump lamp with a flat wick, verj- much used in the south of France. The motion of the pump is produced by the hand, but in a very imperfect manner. The piston of the pump is kept constantly raised by the tension of a spiral sprini^. As soon iis the piston rod, which is also the ascending tuue, and in firm connt^ctiun with the burner, is forced down, by overcoming; the power of the spring, the descending piston forces the oil in the cylinder to rise through the tube to the barner. When the stroke is ended, the elasticity of the spring brings the plstOD to its former position, and the cylinder becomes again filled. As candles require snuffing from time 1o time, so here, the pump must be used at short intervals. In lamps of this kind, with double draught, the burner is fixed, but then there is a piston rod wirh a handle at the side of the ascending tube. The uniform work- ing of such a lamp depends, therefore, upon the care which is taken to supply the oil that is consumed by repeated use of the pump. If this is only done at long intervals, the flame will var^ from its utmost intensity to a very dingy light. The numerous improvements which have here been noticed, with reference to the most successful and interesting inventions, must be considered as important advances ; but they have nevertheless left one point out of view, npon which the most indispensable conditions for combining a perfect, and at all times, uniform evolution of light, de- pend; a point which is indisputably the most dilTtcult of all to accom- plish. It has already been mentioned (p. 1 34), when speaking of the general principles of lamp and candle illumination, how the lowering of the oil level obstructs more and more Ihe functions of the wick, and consequently diminishes in an equal degree the brilliancy of the flame. The lamps with a supply, upon the principle of connected tubes, are subject to this evil in its entire extrnt ; those with an in- verted bottle or similar arrangement are also influenced by it within certain limits, In the former, the brilliancy rapidly diminishes ; in the latter it becomes lessened, and returns to its original state at regular intervals. CarctVs Clcck-toork or Mechanieai Lamp. — Carcel, in the year 1800, was the first to carry out the idea of pumping up the oil from the foot of the lamp to the wick, by simple machinery like that of clocks, and, moreover, in such quantity as to exceed the quantity consumed during the whole period of burning. The invention of his dock-lamp is without precedent, with reference to the uninterrupted and perfect supply of oil to the wick. Whilst tn the other lamps, the burner contains a stationary column of oil, which either constantly decreases &om above, or is reinstated from time to time, the oil in other case, through the valve «', oil passes from x, and is raised In the lube t. The motion of the cloth or leather acts in short in the manner of the cheelts and muscles in drinking and blowing. To meet the unavoidable obstructions which would result from the pre- sence of impurilies in the oil, it is all made to pass, whilst slill in Jl iUid before entering the pumps, through a metallic sieve with fine holes q, which surrounds ihe whole of the front part, including the entrances to the valves below. CARCCL-8 LAUP. IM F14. 44. The quadrangular box of the pump conlauis, for preserving uni- formity of acrion, three simple priest-pumps c c c, made of gotd-beater*8 skin, Mhich, Airing every moment they are in action, alter their positions relatire to each other. This necessar)' circumstance is self-evident from ibe whole arrangement of ihe pump. Each single pump has two Tal%'es, an entrance valve (the under one in the figure) and an exit valve (the upper). « is a separate cham- ber for each, the space for receiving the oil above the exit valve, on the contrary, is com- mon to all. The three short piston rodK, if they may be so called, work u[K>o three crooked arms Bifioa the sami- axis, but in diiTercnt directions. One pump mu.st, therefore, always be forcing, whilst the second is sucking, and the other midway between the two. Below, or in the direction of B, the chamber ^ is completely closed, with the exception of a stuffing box, through which the crooked pin of the axle is moved. The wheel / passes under a box placed at the side, in which this stuffing box is situated. The iron frame t i serves to give steadiness to the works in B; the mo&t imfiortant parts of the arrange- ment may be seen in Fig. 43. Motion is obtained by the spnng wound up in the case 0, 0, 0, which is furnished with cogs. The cogs of 0, o, 0, first move the toothed wheel t upon ihe same axis by means of x. The wheel / catches the second cog y above, which has the same axis as the piston rods, and thus the pumps are set in motion. Below, however, t moves the endless screw on the axis of which is the fly wheel d for regulating ibe works, by means of z, and the toothed wheel u and v. At the very bottom, on one side of the foot of the lamp, is a small bolt, which, when pushed forward, catches the fly wheel, and either stops the works, when in motion, or sets tliem going when it is pulled back, and the whole has been wound up. The stopping wheel W, is used for winding up the machine with Tne toothed rod^, with the wick-holder, works below the crutch of the ascending lube, in the caney. Experience has shown that the whole airangeraent of the works is not no tender and brittle as might, at first sight, hai'e been sup- posed. The overflow of oil from the burner makes it necessary to screw the wick up somewhat higher than in common lamps ; and this brings with it the great advantage of the flame being more raised above the edge of the burner, where less beat is conducted from it, and it burns more perfectly, producing no carbonaceous matter on the wick and about the edge of the burner, which, in general, so materially inter- feres with the regular flow of oil. Carcel's lamp would, without exaggeration, have been prized as much as Argand's bad been sixteen years previously, if a less ex- 154 VAPOUR LAMPS. pensire and more suitable form for geueral use couM h&re been given to it. At an earlier periocl, and again, more recently, [Joanne, Franchot. and llougfaton,} the idea hu occurred to those versed in these mal ters, to replace the complicated clock-work, either by the force of a falling body, (for instance, a piston in a cylinder,} or, at leait, to cause the tense spring to act upon a larger piston of that kind. In both cases the oil is contained in a lamp-like vessel, resembling the cyliader of a pump, from whence it is slowly forced upwards by the piston (moved either by gravity or a spring), to the burner. So far, all is simple and easy ; but the practical use of the lamps has always foiiiiiltred on the difficulty of regulating the atceleraHort of the fall, or the diminution of the force of thit spring, Xo the uniform demand of the buraer. The arrangements of this Icind are a)) want- ing in simplicity, or ihey effect their purpose but imperfectly. Gene- rally, the ascending tube is contracted conically at a certain spot, into which a conical plug fits. The spring in rising enlarges the aperture at the contracted spot, whilst the sinking piston lessens it by fbrring the plug either backwards or forwards, in proportion as iheir motion is irregular.' The application of a natural agency for raising the oil in lamps, first proposed by Celarier^ is worlby of notice, from its novelty and sim- plicity, and because it may possibly be productive of something else, not from the use actually made of it at present, which is by no means established. It is of very common occurrence, and may easily be ob.served. Celarier's lamp consists principally of two vessels, fixed one above the other, which are separated from each other by a partition; the upper contains oil, the lower air. In the partition, a narrow tube is placed, which opens into the air chamber below by a valve, and somewhat higher in the oil vessel, with a simple aperture. On filling the lamp, the oil in this tube rises to the same height as in the vessel; but as soon as the valve is opened, the air begins to escape by the same tube us that througli which the oil is passing, in endea- Toring to fill the lower vessel. The result is, with such a narrow tube, that with the bubbles of air, drops of oil, or rather little columns of oil, are carried up much above the level of the oil. Another plan, applied by Samuel Parker and Mallet, in which the oil is warmed in a ring-shaped vessel above the Hame, before reaching the burner, promises theoretically to be of value, but requires to be subjected to further proof, f Vapor I^mps. — At the commencement of this section it was staled, that volatile oils, inasmuch as they deposit carbon instantaneously, and axe yet completely consumed, are applicable as illuminating materials, as far as their high price will permit; it must, however, be- observed, that these oils, oo account of the large quantity of carbon * A pr^wiiiv Ininp. pai«iii«nl (otdp yean dru, and jk mntiurncturod to a coorirlvfKbla exWDt, in which tlie Hbw ot oti ti /eyulaLed liy n ulvcr mbo or reiy nanow taort, will be, Dcliocd in ihe Appendix. j- Pulwr'i hut oil-Uiup wiU be tletctilwd in the AppetuUx. I »- J OOVMb the %mnmij cf fcydio. _ ip«ril)lD 63 per ceM., less tku i frimlke suewiite «( M Mae cmt, bjr r,tWfcMe fn» M amommh bj or 3 tncs the kvdngm, oil or taflffv. Tke lea emlliuu of r' t, is, faovevcr, actnllj oafcan gmfrr npidity vidi wUcL Ike Schl is rrolm frocD the ua« qaaaiiK. LUendotirs bnp. Fig. -t^ is weU adapted to riwv the dif- fetcot node adopted itt hnag the i«facae «•!•, iron that eaployvd «i^ the ftls. ^ is the Tase fiy the iOnuBati&g ^r^ into wtueh the banter AdcsceDdsfroa aumalaoat to tbe bottocn. It cooasts fint of a straicbt, prettj wide, metal tiib« c «, fitting ttgbtl; into the real bonier tube ■ t^ which surrouixls a loose oottoQ wick a o, and bsteas it b; the semicircular piece x. Abore .i, ax s distance of about 2 LDcbes, (the wick exteodiog thus far,] the tnbe becomes narrower, and ends at d^ in the koob c, which is the real burner; at tbe base of bj from ten to tweire boles, i line in bore, are made in a circle at equal distances from each other. Wbeo the lamp is to be used, common spirits of wine is ignited in the cup < e, to vaporize the illuminatiog spirit in tbe upper part of tbe wick. As soon as tbe vapor issues from the apertures A, it is ignited, ami ibrms the Qames /, which surround the knob c. The metallic mass is then sulbcient, on account of its high temperature, to keep up Taporization with ease (even at tbe distance of e uom the wick), and the lamp continues to bum by itself. To protect Ji from the action of the btirner, which gradually becomes heated, the latter is surroiinoed, to the depth of three inches, with a wide case 1 1, which is attached to it below (at i i), an that a space filled with air surrounds tt thus far. I.ampi* of this i 1S6 REFLECTORS, SHADES. kind f^ve a costly hut brilliant H^t, free from all llie tncotiTenieDces of coinmoti wicks." Beate and d''Hanens' Lamps. — For the coal districts, Englaod and Belgium, vhere abundance of coal naphtha, or oil of coal tar, is ob- tained from tar, Bcale and d'Hanens have contriTed tamps without -wicks, fnr obtaining light Tram that substance. Both lamps are fed by means of bellows, by a current of air, therefore, of considerable velocity. In Bealc's "stt^am and vapor lamp," but not in d'Hanens*, this current Irareracs the oil, and becomes saturated with it. The former produces a flame from 6 to 7 inches high, when supported by a double current of air, whilst that of d'Hanens*, from a knob sur- rounded by ten holes, in the mannpr of LudersdorfPs lamp, throws out a crown, consibiing of as many single flames. Both lamps produce dazzling white Hames, which, in themselves, are without smell, and only disseminate the penetrating; odor of tar oil lor a few moments after they have been extinguished. They are, therefore, adapted for lighting streets and workshops, but not for rooms. Rejtectors, Shades, ^c. — The production of light from oil in the greatest possible (|uantity, is by no means the only object of illumi- nation ^nerally, or of that by means of lamps m particular : the proper dissemination of the light with judicious regard to the nature of the eye, is a second, and not less important object. All light that is more intense than that of the illuminated objects (the room, for instance), weakens the impression made by them upon the eye, and makes them appear darker and less distinct. The eye is thus said to be dazzled by the light itself, it can no longer distinguish distinctly the objects in the immediate neighborhood of the flame, whilst the more distant ones, or those which are less illumined, it perceives vith perfect clearness, because the impression obtained in this case is not weakened by the simultaneous and more powerful action of the flame. Ground-glass, or translucent glass, (milk-glass), in the form of hollow globes, half-globes, bell-shaped, or vase-shaped, vessels, are the common means of deadening the dazzling eifect of the flame. Mention has already been made of this, in speaking of the Sinurabra- ]amp, in which the dull bell-glass is an essential part. The action of these is generally surprising; the outline of the flame itself vanishes from Ihi; eye, whilst all the rays of light proceed frtira the surface of the globe or bell, which thus has the appearance of being self-luminous, and as the rays sent from it cross each other in all directions, the objerls in the neighborhood can only throw short, indistinct shadows. Colored glasses are but little used, probably from their imparling an unnatural color to all surrounding objects. As light naturally spreads from any flame or source uniformly in all directions, contrivances are necessary to collect the portions which * For «i ncGouni of tb^ ineihods tMmtljr intrcNluoea Ibr tnimiriR cwnpbina (oil flf tuqirnlinc) in lninp«i. aM Appon-dix. [A (ivnl number of liunps fat fauming lurd iwTe twPD pRiPiitod in (lit* Unttnl Smm^ tam» nocioe of wbioli wili b« givsii in ■ Mtwequont inrtoribv wvtk.] — Am. En. A RCFLKCTOM, SBADSS. 167 would be vrastMl, aiu] direct ibnn to tbe parts vfarre tbej are reqaiml. Tilt intrasitj of the light, from th«' ordioitrT (dirf rgeot) rays, ditninishes rapidly, ia the ratio of the sqaare> vith the distaoce froai its sourre. Mhen, tbereforet ike shades and gntrnd-giassa — thfse being the otdittuy meaos of diverliog the rays — oot only throw back the ravs, bnt alao give tbem a parallel direction, their use becomes of a double kindt atm the dimtDutioD of their intensity no longer occura. The paralleUsm of the rays can only be produced with maibemaiical pre- ctsioa in two ways: either when the flame is in the focus of a glass lens — by refraction of the permeating light — or when it is in the focus of a parabolic mirror^ by reflection. A semi-circular can replace a parabolic mirror in its action, although only approTtmatively, when the flame is placed a( tbe distance of \ the radius from its centre. For the common lighting of rooms, very expensive lenses and reflectors are never used, but frequently simple tinned screens, tbe inner surface of which is polished or whitened, to prevent the absorption of light ; for lighting the streets, on the contrary, parabolic metallic minors are used. To direct the light downwards, which would otherwise escape above —the most common case — conical shades are generally (iseil, like that in Fig. 26. This light is reflected from tbe straight sides of the cone, as from a number of flat surfaces. The diffusion of the rays, in consequence of the slight height of the lamp, is here of little con- sequence. This is not ihc case with wall lamps, where the whole of the rays of light should be reflected and carried forward in a horizontal direction. Tinned screens, somewhat parabolic, are then used, or screens made of small pieces of glass mirrors, which together, as a whole, approach the form of the parabola. Ahhotigh, for common purpaws, it would be superfluous to derote much attention to the means of refracting ami reflecting tbe illuminating rays, yet for the more important and grander objects of illumination, alt the knowlcfigc of the learned, and tne ingenuity of tbe artist, must be called into play. An individual case, where these are required, will be better suited to give a clear view of the arrangement and adaptatbn, than a long description of the matter in its whole extent. The description of the French light-house lamp, and of a similar one for illuminating theatres, as regards their most important parts, will prove particularly instructive. The construction of the modern French light-houses resulted from tbe Qniied eflorts of Arago and Fresoel, in the year 1822. The burner of the lamp — as^uch light as possible being required in a small space —consists (according to the rank of the lignt-hoiiHc) of two, three, or four, Argand burners, placed one within the other, each having a double draught of air, and which together are supplied with a constant flow of oil, upon Carcel's principle. The wick-holder is separate in each, but the glass chimney, lengthened by a tinned tube beyond the box, is common to all. Thus constituted, the compound burner forms the centre of the case (of the lamp), which is nearly as tall as a man, and is composed of optical mirrors and tenses, in metallic frames. 0 163 AEFLECTORS, SHADES. It is well known, that (he fahricntion of glass lenses several feel in diameter, is practinally impossible. These, therefore, are made up, at Fresnel's suggestion, of sinp^le polished iens-rings, surrounded by a frame, which together assume the surface of a perfect lens, and produce the same effect. The position of these lenses, and of the reflectors in relation to the burner, will be evident from Fig. 46. Fig. ««. <y\. Two rows, ronsisttng of eight lenses each, surround the burner in a ring, the larger ones L, and the smaller inclined ones I; above boih are placed the reflectors S. The rays between R and r are collected by the lens L ; and, as the flame \s in the focus 0 of all the tenses L and I, the rays are refracted, and proceed in the form of a bundle of parallel rays. Those which have an upward direction between r and r', suffer the same refraction by means of the Ions /. Thus far, the whole light would be emitted in the form of two cylindrical rays, — in reality, slightly conical — from the imperfection in the lenses, of which one only would proceed horizontally in the direction of the ships, the other would be uselessly directed towards the sky. This is obviated by every lens / being associated with a fiat mirror S, the inclination of which corresponds with half the angle of inclination of ihe bundle of rays directed upwards, so that this is reflected in ahorizonial direction. The effect of parabolic reflectors, instead of the lenses, is too partial, ns it is impossible to adapt many to one burner; t^e ships, in every direction, would consequently not profit by the light. These lanterns revolve upon their axis, by which means, at each revolution, light and darkness are caused to succeed each other eight times allernately; the eight double bundles of rays being separated from each other. Thus the crew are enabled to distinguish the light-house from all other lights u[ion the coast. Pccief, in his celebrated work upon illumination, mentions that these, or similar methods of illumination might be used with advan- GAS ILLUMINATION. 150 I I I I I tage in theatres, wbich are often very inadequately lighted. Tht poation of the chandelier at the height of the upper boxes, dazzles ihoce occupying that position to such a degree, that the middle of the ■tage is to them quite darkened. JLocatetli succeeded in obviaiiog this evil, by an experiment made in the year 1825, in the Theatre Fenice, at Venife, which appears to be as ingenious as it is worthy of imitation. The chandelier is there placed in a round opening in the ceiling, Ihereibre quite without the theatre, and in such a position that the burner can be directly seen from no point. An apparatus of parabolic mirrors throws the light as a cyliadrical bundle downwards into this opening, where a second arrangement of dispersing lenses spreads it in all directions over the space oelow. It is self-evident, thai all arrangements for reflecting or deadening the light, must themselves entirely absorb a portion of it. Of Oat iliumination. Historicai, — The observation was made in the year 1664 by Dr. Clayton, that combustible, illuminating gas was produced during the decomposition of coal by heat, and that this coula be collected; one hundred years afterwards application was made of the fact. I>ord Dundonald built some roke furnaces in 1786, and amused himself by collecting the evolved ^ases in lubes and burning them, but without any definite object. Since the year 1792, another Knglishman, of the name of Murdoch, to whom we are indebted for the invention of the useful application of gas, occupied himself incessantly with experiments up lo the year 1796, which were crowned, in i79S, by the erection of the gas-work for illumina- ting the manufactory of Boulton ami Watt. Independently, and about the same time, Le Bon, a Frenchman, succeeded in illuminating hifl house, which was warmed by the same means — thermo-lamp — by an apparatus in which he evolved bad gas from wood. Gas was employed by Winsor for street illumination in the year 1812 in Ixindou, »nu 1815 in Paris. OH gas was first prepared on a large scale by Taylor in 1815. Illuminating gas occurs in nature, and not Terr rarely, but it is not of such good quality as that artificially produced. It has always been observed where matter of organic origin, contained in rocks, is Bodei^inf^ gradual decomposition, (p. 31.) The celebrated holy fires at Baku (Prov. Schirran) on the Caspian Sea, are due to the ignition of a gas which issues from the earth, and which Hesz has shown to be light carburetted hydrogen with some naphtha vapor. It contained 77^carbon to 22.5 hydrogen. In New York they have gone still further ; the practical tact of the Americans has already made use for industrial purposes of similar sources of gas at Frcdonia on Lake Erif . The gas is there collected in gasometers and used for illumination.' The * tl appewft froin ■ |»pci of Mr. Rii^rd Cowling Tajlor, puljIishMl in Utt PbiloMV phical UMgmiiar, fur MnrEh IS45, ibal xhr (Tliiiimp, mhl)oug)i perhaps not (m* nianiiflKtnrm, bm hevn n«v(rn)i?TirfiB acniiftin'<!(l with lli« um of coal pubotfa fin tUuTninatiiiK and hnttng pitpetA kms bfkitf tbr- bnnwlnlitv of iu •pplknikm wna aequiriNl by^ Eiirofxwna. Bci|> of omImc rrcqurtiil]' pietTxHi in Chin* l>yUi« borwa for nit traiw, Mod ihe utOintnuiblv |u is vonveyetl in i>ii*e* tu ibe Hill workf, wb««iiu«Mdteboiliii(siidenponuinf tlte 1<D NATURE OP ILLUMINATING GAS. bumine fountain of Daiiphine is of like origin ; but the soil of particularly in the neighborhood of Ihe Apennines, is remarka' \ in such phenomena ; Pietra Mala, Barigazzo, Bologna, Parma, are the chief localities of tbis kind. Phenomena of a similar nature occur ia the Cordilleras, in Hungary, Greeee, England, and other countries. J\''atuTt of lUuminating Gas. — The genera] principles of illumina- tion (p. 11'^) show thai the lig^hling properties of a gas or mixture of jrasefi, must depend upon the relation which (he carbon in it bears to the hydrogen, and that it can only be turned to a useful purpose wLeJi there is more of the former of the two elements present than in fire- damp, and when the proportion of both approaches that of olefiiDl gas. Light earburetted hydrogen (C Hj) contains 75.4 carbon to 24.6 hydmgpn ; olefiant gas (C^H,) 86 carbon to 12 hydrogen. The latter would have a decided preference above all, if it could be pro- cured suflicieniiy cheap. 'ITiis, however, is not the case, and we are obliged to be content, from motives of economy, with a mixture of gases, which is produced by Ihe decomposition of certain substances of organic origin, and which contains so much olefiant gas that it far exceeds light carburetted hydrogen in illuuiinating power. \Vhen these organic substanrt-s are exposeil to a certain temperature in closed vessels, the following process results. A coaly residue (coke) remains, and certain volatile products escape, which partly condense on cooling into far, and an aqueous Huitl, while the rest is a mixture of ga^es, but contains, also, no inconsiderable portion of the volatile vapors of diflerent compounds which remain dissolved in the cooled gases, without being condensed to litjuids. The researches of Sell, Blanchel, Hunge, Kiild and others upon coal tar, have led to the knowledge of a number of oily, volatile products, of very different chemical character, and which are mostly carbo-hydrogens with a very large proportion of carbon. To these belong kyanole, leucole, pyrrole, rosolic and carbolic acids, and naphthaline. Most of these contain 90 per cent, of carbon, naphthaline as much as 94 per cent., and in burning (hey depo.sit it in still greater quantity than olefiant gas. It is, therefore, easily conceived why the vapors of these sub- stances remaining with the gas, so very much enhance its value. Such mixtures of gas and vapor are called illuminating gas, without refer- ence to the .separation of noxious and useless impurities before il is used. We have, therefore, to consider illuminating gas, not as a defi- nite compound, not as light carburetted hydrogen or olefiant gas, but rather as a mechanical mixture of ver)' various bodies, some of which are slightly or not luminous; whilst others are exceedingly luminous, as olefiiutt gtts and the carbo-hydrogens which possess similar pro- perties, anci to which the mixture is indebteil for it.s illuminating power. It is & remarkable chemical peculiarity, that carbon and hy- drogen are capable of uniting in Ihe same proportions by weight to wll; other lutxinrnTcy Uifl inu ki>U'nJ(Ml faT)iKl>iin)Ciho (iri'rusiul ibe larncr aparirnenu am) kitchrna. Wtmi llirre ia ttill mor<> gn* ibtin is t«i|uii(i]. ikc Dxc««a U oooilupieil Ivimiiil ih« limita of th« Mlt-woikt, hiuI Uier* form* Miwraw clioTinv^k or oolumn* of dun*. COAL CAS. 161 foriD a series of gases and liquids, which are ooly difTerent on account of the diflerent amount of contraction of volume which their elements undergo in the moment of combination, and this alone can explain the great muJiipUcity of solid, liquid and gaseous hydro-carbons which are known to exist. It has already been stated how differently certain substances, as wood, fat and coal are suited for the productioa of light gas. Coal, fats or oils, resin and tar, asphallum, soap-water and the refuse of animal bodies, are all practically employed (some experimentally) according to the locality, in the production of gas. The different nature of these bodies requires that different modes of preparing the gas from them should be adopted; and these must be considered separately. Coal Gas. — Experience has proved that cannel coal is far superior lo all other kinds, both as regards the quantity and quality of the gas, which it yields. Scotch Parrot coal is ihe next best kind. Even the Berlin gas works use cannci coal from England. In countries where Uiis is not to be met with, as in Krance, highly caking coal, of a similar character, is chosen for this purpose, and on the east coast of England caking coal is generally employed for gas making. The amount of gas obtained from a given quantity of coal depends Tery much upon the quality of the coal, and upon the manner in which the distillation is conducted; it is, therefore, very variable, as will be seen by the table below. Locatiir of Uw CcmI. V\ WarkiUwhlrhllH o(i«cr«iiiKiiii wero nwdt. Dean coal, fWnn Cumtwrlaod . . . Equal parts Cann«l and Cardiff coal Alliance Cpmpanjr in DuMtn. Lump «m1, rram West Bromwich Witmn Cnnnrl and OMIiam ) I Water^ie coal, luixwl J ' ' I Wi«wi ooal, snail . ■ • . . I Wigaa Cantial coal . m .' ■ . Ditrbjndiira ooal ,,.,■,. iK cwcudecoal Birmingham Company. Liverpool old Compaay Laicaater. London. According to Accuro, 100 cubic feet of coal give from 18,700 to 9200 cubic feet of gas, according as the best kinds of Scotch or Lancashire coal are used, or the worst kinds of Slaifordshire coal. At the hospital St. Louis, at Paris, the yearly average from as much coal was 12,300 cubic feet of gas ; which is equivalent lo 493 cubic feet of gas to the cwt. of coal; Precbtl estimates the produce at 700 o* 162 COAL GAS. cubic feet ; so that the statements as r(;gards the weight of the ga»,\ vary from 13 to 17 per cent. The decomposition of the coal begincj with the iDcimeut red heat of the enclosing vessels and lasts, when large quantilies are employed, several hours, the quantity of gas gra- dually diminishing towards the end. According to Peckston, in an eight hours' distillation, the rehtive quantities of gas given off are, in the first hour 20, in the stxond 15, in ihc thiru 14, in the fourth nearly 13, in the fifth 12, lathe sixth 10, in the seventh 9, and iu the eighth about 8 per cent, of the whole quantity, when the fire is uni- form and the vessels are constantly at a red heat. The cubic foot at the end, therefore, costs 2^ times as much as at the beginning. The quality of the gas, at the different periods of the distillation, however, must also be taken into consideration. For this purpose it will he proper to cast a glance at the ingredients of the gaseous mixture in general; this consists, after the separation of the tar and the aqueous liquid, of: ol^fiantgas, light carburetted hy- drogen, earbanic oxide, hydrogen^ vapors of t!ie voiatiU oils of ter, suiphuret of cnrhon, ammonia, sulphuretted hydrogen, cnrionic ncid^ cyanogen, sulpho- cyanogen, sulphurous acid, hydrochloric acidf aqueous vapor, and nitrogen. The carbonic oxide and a part of the free hydrogen have doubtless the same origin, being formed from the moisture in the coal, or from the first portions of aqueous vapor that are generated, which passing ovcrthe red hot coke arc converted into those two gases. The nitrogen of the coal is obtained entirely as cyanogen and ammonia, partly in combination, and the latter is also found combined with sulpho- cyanogen and the other acids forming volatile salts ; the free nitrogen, on the contrary, is the residue of atmospheric air contained in the retort. Sulphuretted hydrogen and sulphurous acid are due to the sulphur (as iron pyrites) in the coal. The first four of the ingredients named, with the illuminating vapors of tar oil, form the proper bulk of the gas; the others are small quan- tities of impurities which should have been separated with the tar. It has been found by experience, that the relative proportions of these four ingredients vary with the duration of the distillation and not in favor ot the illuminating portion of the gas. ^^'hen chlorine is added to light gas, it forms with the olefiant gas and (he vapors of tar oil — with (hose constituents, therefore, upon which the illuminating power depends — a fluid compound, which separates, and the original volume is consequently diminished. The diminution which the volume of the gas suffers when mixed with chlorine is, therefore, in direct propor* lion to its illuminating power, and to the value of the gas, to the amount of olefiant gas (and tar oil vapors) which it contains. This explains the following statements, which contain the experiments of Henry, and are, m> far, a correct representation of the process and trustworthy, inasmuch, as that observer followed analytically, step by step, the whole course of the evolution of gas. Heniy found, that below a cherry red heat, almost nothing but hydrogen, atmospheric air, and some tar passed off* with hardly any illuminating gas, but that. J COAL GAS. 163 at that temperature^ illuminating gas alone appeared, and this was composed of a mixture of gases in the following relatire proporlions: nm «r caUNdOB. In ibe ant bnat f hfmn nAnr t)i« . Q 1 cofntOHKcnMot BpcciCe o.eao o^so 0^90 0.500 Abw>n>*d ehlonn*. Carhufvl' gtn. Csilmnlc oxide. (Sn. Ntlni|«iL Ml of 100 ptna sf fu ma Wlnik CwimI etmL 8f.ft as 0 •!7 1.9 88 it 13.3 16 M 11 31.3 30 10 OU As a general rcKull, therefore, carburetted hydrogen is formed in decided excess, and the most luminous portion of ihis, which is con- densible by chlorine, comprises only alwut } of the whole. These numbers also prove distinctly, ihal, after about the fiAh hour the Quantity only increases, but the quality does not improve, indeed this eterinrales so rapidly, that at the expiration of ten hour?, the gas which passes over is hardly luminous when ignited, but burns with a very faint blue Hame.* The immense increase of hydrogen, which at this la»l period amounts to 60 per cent., is remarkable and very important to the manufacturer, an increase, which is no longer due to the decomposition of aqueous vajwrs, but to that of the carbo-hydro- gens themselves. In accordance with an old observation, these are uecomposed at a high red heat and deposit a portion of their carbon on the sides of the vessel. More recent experiments of iMarchand show the progress of this decomposition very clearly. When olefiant gas was conducted through a red hot tube and the heat constantly augmented, the gas passing off, collected in successive portions, con- tained the foIk>wuig quantities of carbon 1o 100 of hydrogen. HjdMgfa Cubon lure of tho gmi. Uyingtn Cubon NMuie ■■») lenpara- MNoribafM, 100 : 6U OleHnnt gaa. Wt : 357 100 : seo Roiltiakt. 100 : 336 Irilciun white hwil. too : 933 too : 307 Light vfubareticd ^ 100 : 47S hydrogen. k 100 : 7 CuDiinuLiI wliiio beat (nearly puM hydrogen.) It is evident that this decarhonization is at last complete, and that it is very unfavorable to the illuminating power of the gas ; it in- creases with the degree of heat, witli the extension of the red hot ' Tbe sp«>ciflc icnvity, u will be >een, keepi pue wiUi Uie quality of tho pu, and cmn ihua lair be lakcn a* b U-aX uf iu valun. A> [luie nlnftnnt |pu hiu khout ih* ipwiSc gnviiy vt the aii (U.PH), the ttcnfiiy v( an iltuminiiiini; ipu mutl iocrcw* with Hu r]tinnUiy aC deliiint gu oontnincid in jl ; yet An ettrnordinuy nnouiit of carbonic oxide (>p. gt. am (1.U7), or of oubonic add (ip. gr. ■■ l.flZ) majr give n»e lo etnin of •ome nwKUtludv. 164 THE RETORTS. sides of the retort, and with the time that the g;a8 is in contact with them. On a large scale, when the whole charge becomes at last converted into red hot coke, this noxious influence can never be en- tirely avoided, but with proper precautions it can be kept within certain limits. Whatever precautions may be taken, the carbo- hydrogens must always pass over red hot surfaces before they can reach the conducting tube, and hence, alihough only for a short time, they lind the ojiportunity of depositing cnrbon, which is constanti produced in greater quantity than is desirable. The practical man will lind no further diiHcuHy in adapting >ppi ratus to suit the conditions prescribed. The best product wiU be obtained, when none but dry coal is used, and when this is directly brought into the retorts at a cherry red heat, a uniform temperature being kept up throughout the process, which should be immediately stopped ader the exjiiration of five or more hours, when the illumi- nating power of the gas begins to diminish. It must not be supposed, however, (hat the gas is directly produced from the coal, for the observations lead to the conclusion, that tar is Che first product, and that, by the further decomposilion of it, the gas is generated. Hence a certain temperature (below a red heat) gives rise to tar only. The individual parts of the gas works depend upon the general principles which have here been explained. ^_ The Retorts. — The vessels used for decomposition are called retort^H and were originally oast iron tubes of about one inch in thickness, about 7 feet long, and 1 foot wide; they are closed at the hack and furnished with a short tliick peg cast in the direction of their axis. The daws which often occur in cast iron, arising from particles of clay, air bubbles, &c., make it necessary that each should be tested, before being used, with reference to its impermeability to gas. This is also requisite with the conducting tubes (see below), and is done by forcing water into them under a pressure of IJ to 2 atmospheres, or even better, by means of air at the same pressure, the tubes being then placed in water, the escape of the air, if such should occur, can be obser^'ed. The retorts are not cast in one piece, for the hinder part which is exposed to the fire becomes from time (o time useless, and must be changed, whilst the neck or mouth-piece remains quite unacted upon. The neck and body of the retort are connected by flanges and screws. The neck is open in front for the convenience of charging and discharging, and furnished with an easily fitted lid. rig. 47. Fig. 48. d, Fig. 47, which is fixed by means of the screw to and the hold-fast V. The latter, by means of a hinge at one end, and a peg at TBS ITILXACf. olber, can be turned back, or finnh pmsnl i^nst the nootb of tbe retort a m. The moath of tbe letoct and tb« lid tn giDVod oottic»I|y. like a ralre; d cUj is mpplied betveea tbe two incfiaed sorfiKCS*, •Dd the bold-Gut acrevvd op, ia a fev moroenis ao air-tigbt Kxnt can be nade. Isstead of ibis, two best levers. Fig. 4tJ, majr be xued, whicb wbea tbe ring « is farced up, press with their sboalders aguut tbe lid. in ali caaea, tbe moutb*piece is farnisbed with a wide tube k (Fig. 48) east OQ to it. Tbat farm of rctoit would be the best which would bnn|; tbe wbol*. charge into coonectioo with the red hot sides, HcqcCi at tbe iasti-^ Etion of Precbil, the ofigiaal circu- faciD of retort (Fig. 49) was soon *^- "- '%- "• f^- »!• swperseded br the elliptical fonn (Fig. 50), and this has been im- proved bv bcDdiog in the lower sur* face (Fig. 51). With the same length of 6.5 feet, (exposed to the fire), 150 lbs. of cool, when they only balf fill the retort, will cover, in the round retort, a red hot sur- face of 10 inches in width, to the oval one a surface of nearly 13 inches. The layer of coal in the laner retort i« 4 int-ht^s thick, and about one-thi[d nearer to the lop of the retort than in the circutnr form. These advanta^s, whicb are self-endeni, are strikingly shown in practice, tbe requisite time for heating being reduced nearly one- half. 7%e Funtact, — I^g. 52 shows the arrangement and position of tbe retorts, of which there are generally five pyramidally placed in one r»f . St. 166 T8E FL'RKACE. flinmce: Fig. 63 is a front view of the same. Tn the three fimofi the fumRce, a is the door, c the grate, and b the ash pit, with n well e for occasionally drying lime-mud (see belowk d are three arches which pass transrerseiy over each dre and divide the ftame, c c is a large arch overspreading the retorts r r, against which the flame breaks and escapes at the side. The conducting tubes rise side by side above the furnace, passing behind a targe horizontal tube i, called the hydraulic main, ami lastly turn over above it, and enter it, dipping down nearly to the hnttom. As this main i is filled with tar, the mouths of the tubes h h are closed, and there is no connection established between the separate retorts. One may therefore be opened and charged, without in the least interfering with the proc< going on in the other. The greatest portion of the tar separates froB Tg. 43. the gas in t, which lattti piisses otT ll*rough /, whilst the former carried away by the tube m, (curved for the purpose of keeping t half full,) through fl to a tar cistern sunk in the ground; i can he com- pletely emptied by means of k. A very hot llame, mixed with an excess of unconsumed air (oxydizing tlame), is unnecessary and deleterious, both for the evolution of gas, and on account of the rapid destruction of the retorts which it occasions; everything, therefore, depends upon a uniform, steady fire. The destruction of the relortav is incredibly rapid, and dependent upon several circumstances; be^| sides the combustion caused by the hot air of the fire, thr sulphur in the coal converts the surface into sulphuret of iron, which mells off, ajid lastly', the deposit of carbon in the interior is of no slight import- ance. This carbon is partly in the form of a hair-like deposit, partly stalactitic, from the droppings of tar, but generally occurs as a coat- ing, 1 or 2 inches thick, in concentric layers, and combined with iron to form graphite. The specific gravity of these layers increases rapidly from the innermost layer to those on the outside, from 1.7 to 2.3. The outermost contain 1.72 per cent, of iron, the inner layers less; sometimes tliey are so hard, that tliey will strike fire with steel, and can be polished like glass. Carbon, sulphur, and the oxygen of the air, arc, therefore, conjointly the enemies of the sides of the retort. CLAT BCT0KTS-^[snLLAT10<V. I I I I l%.M. ng.u. The retorts safir ■oil Snm the air vluck eaten at the tloor Ibe 6i« U poked, aad attacks tlwn whaaC nd-hot. To pnted Ibeai from thia, the slokug bale is soaethses atnaled it tke hack of the fiiniace, in a coatinntfiaa of ihc cbimner, when ibe noxious dimudit passes up ibe cbiomey withoot attacking: tbe retoris. Clajf ttetortt. — As a reafdy for ibis ereal evil, Grafton at lenetb jaceccdcd in iatmlMciag chf retorts, vbich arc bow Tery gestfulj ■led is Englaad. L«r^ sized retorts, ia the shape of a a , vidi th« boCtom soffiewbat beot in, are preferred ; three of these are pbced in ooe fomace, but each has a separate fire. Their shape and positioo in the fiimace, will be erideot ifoin (Igs. &4 and 55, and h will be per- ceired that the furnace does not dtfTer maieriatlT froin the ordinary gas furnace ; ^ is the retort, 7 feet long, 4 to & feet wide, and 1 foot high, supported by the pillars GO; it ia connected with a casl-iroo Boatb-piece D, and is cotn- poced of clay partially mixed with sand, and pounded clay- ware ; the single pieces are connected at their joints a a a with the same clay. The loss caused by the escape of gas through the pores of the clay, ia certaiidy less than that occasioned by ibe destruction of the iron retorts. DuiUlation. — The process of distillation hardly requires further twtice; it is begun by shoveling the roalinto the glowing retorts (27'^ Wdg.), and spreading it about, when Ihe lid is immediately xcrfwed on. The process requires 5, 6, or 8 hours, according to the nature of the coal, and the shape of the retort ; the lid is then quickly uo- flcrewed, for the removal of the glowing coke in iron barrows, and the retort is re-rharged as quickly as possible. Inasmuch as (be coke is taken from the furnace red-hot, the heat required to raise it to that temperature is lost. To reminiy this, Croll introduced the practice of burning the coke as fuel, immedi»tety alter its removal, and this plan ia said to cause a saving of 10 per cent. In the large C'shaped retorts, which are said to last twelve years, 1 cwt. of coal can be distilled in the hour, for which operation (as the average of many months) 22 to 23 lbs. of coke are requisite. With the old retorts, half as much coal as the quantity distilled, was allovreil for heating. In the hospital at Paris, mpniioned before, U of the coal distilled, appears to be (he general aTerage quantity required for heating. In general, the ordinary arrangement of the retorts, and the process of distillation carried on in them, has one evil, vli, that the 168 TBE CONDENSER, farorable circumstances under which the g:as is evolved at 6rst, are constantly changing, and very much to the detriment of the last por- tion of gas; as it at present exists, the arrangement renders it imjws- sible to check this evil. For this reason, an idea of Heginbotham is vorthy of notice, which is, that the retorts should be furnished with a movable screw throughout their whole length, the worm of which works against the inner side of the retort. The whole thus assumes the appearance of an Archimedian screw; the internal space, there- fore, instead of being cylindrical, forms a spiral channel. From the one end, the smalt coal is constantly taken up into this channel, aod slowly propelled by the screw through the red-hot body of the retort* to be eiipelled at the opposite end, where it falls, as coke, throuefa a funnel into a closed water chamber. In this arntngement, wiihout reference to other difficulties which have not yet been obviated, the excessive evolution of hydrogen towards the end of the operation, does not occur. The contents of the retort are placed during the ■whole process in the same favorable circumstances as ibey were at the commencemeut.* The Condenser, — The warm gas which issues from /, Fig. 53, ladea with an excess of the va- F'8-**- por, which, if allowed to , '^ . condense in distant parts of the apparatus, might stop up the tubes, is con- ducted from thence to tb« coolers^ or condenser), all of which are intended to cool the gas, but are very variously constructed. — The ordinary condenser. Fig. 56, consists of a large iron chest, with a false bot- tom ab; the upper part Ji, which is fdled with water, contains also a series c^ tubes, connected together by saddle-joints, each sin- gle one of which is mounted air and water-tight, upon a b. The lower part is intersected by four plates o o o o, forming as many distinct cells, in which the fluids collect until they attain the level n n, when they flow out by the tube /. Cold water tlovts into the apparatus through d, and the warm water runs out at e; the gas itself pursues its course through f; t is used for drawing off the tar. Other condensers consist of a very high perptrndicular tank, with a system of gas tubes in zigiag, over which an uninterrupted of water rains from above. .-Ami, • A npw mode urnrraiiKinBclKyniMl ifoo rcioru in one funiii^ with ngtt^X MVh.gof nuoh kM detrifneot to itu rciona, will be detoibed in ihe Appcndii TBC Lorc PCKlFtCa. 169 I I I Ob Inrvaz the coodeaan, the gw stiD rmimm d Ae iagrrdieals mentknsfd ; ataoafjit tkeatt Mrenl are vseless, kuidj, caHwue aside, and free bj^rogen. «hkb bvni vhh & rei7 sl^ifat erolntioo of Eght. lod ooly Und to ifilare dw ns; otbexs, on the eootfwy, we drtrimratal vhea bintf. as smnoMa, oombined witb cvbomc, mti- n^ic, solpfaoric, and snlphanns aods, and sttlpbarrned hydra^m.* The pori^catioo of the ^»m has refefeofe <m\y to the latter class cf tmpanties, and aoC to du fonaer, bowerer nuch H may be to the ititemt of the coRSOBker and tbe pradacer to remore them all. The chemical oatare of carfeoaic oxide aod bjdrogea does not ndrntt of iheir being remored io so ooQTcnieot a manner as die salts of ui- monia, for which latter porpose shked-Uaie is emplojed. Tht lime Pmrifier. — !□ tbe first instance, Km« vas enpkinped (as milk of time stirred ap vith vater) in the apparalns dwwn m Fig. 57. To the lid of tbe outer ressel, a funnel- Hc.n. shaped appendage, ex- panding bettnr, is fixed, dipping to a considera- ble depth into the milk of lime a. The gas entering through this, forces the milk of lime down to the extended part, and escapes through the sieve-hUe ipertures into the lime in small babbles. The space traversed bj a bubble passing directly upwards, is murh loo short to effect the complete purificaiion of the gas; its course is therefore lengthened by agitating the lime with the louser, or agitator b. The axis of ibis is turned by wheel and pinion work on a point below, and passes through a stuffing box abore; abo?e the bottom of the vessel a framework r is fixed to it, which keeps th£ lime in a constant rotary motion. Thus the lime is kept constantly in suspension, and the gas bubbles are forced to assume a long* spiral counsi;. The aJditional tube </, enables the workman to empty the vessel without taking it to pieces. The action of lime applied in this manner is unsatisfactory; first,, because the acids must be separated from the ammonia, before they can unite with the lime, and time is not allowed for eflfecting this; secondly, because »11 the ammonia is allowed to pass olT with the g8s;f and lastly, because the gas bubbles — quite contrary to the * Solpbuniied brdroicn blaukena iDCUb nnd oil colore w1>ra it is drolrnl with UiifJ g«a mxtA (kH ignitnli when tninil, it tbrtn* ■ulpliutoniBriilnnil water: iMiinioiiiii bum* IO( nitrii; acid hoiI waicr; fulpburet of cnilxm, nnd njIphwjrHnogBti, wtlini buint, ■l*o rorni nlphumtu ociil; bat c^ranognii nntunllf cnutn ih« IbnnBtioa or«ftrfaDnk aohl Kflil nitnjKML t Aooortlinx w Mnllci. ooiil unbril* j,^, j of iti wtiffhl of utunonla; aiid llw gBi, l«- fore cntonng iho purifier, coauint y\g al' iu volume, 170 TUB LIMK PURIFIER. principle of the purificalion — must pass through the apparatus, tii a pressure of about 28 inches (w»terj, and consequently tvitb a tlimt- Dulion of their volume, and the pressure, reacrin^ upon the retortii, forces the gas 1o escape with great velocity, eiea from the minotesi aperture. Darcet, therefore, proposed, instead of forcing the gas through the milk of liroe by its own pressure, to use an Archimedean water screw, which mtibt then he made to turn in an opposite direction. As the simplest and most efTective pinn, without any pressure whaterer, the method introduced by Berard has been gene- rally adopted; no milk of lime is used, but moss which has been previously well mixed up with moist lime. Trellis work or sieves covered with the moss are placed, 3 or 4 one above the other, in vessels with two divisions under one cover, and these are made air- tight by a water valve. There are generally 4 of these piiri6er3; the 4[n is kept in readiness whilst 3 are in action, so that tne gas enters the one containing the most impure lime, and leaves by the 3d con- taining the freshest. As soon as the gas begins to blacken lead paper {showing the |)ri-.sfnr(; of sulpliuretted hydrogen), the first purifier is removeo, and the gas is passed into the second and out of the 4lh, whilst the lime in the firbt is renewed. The refuse lime cannot be immediately thrown away without causing annoyance, on account of its noxious smell (sulphuretted hydrogen); it is, therefore, thrown under the ash pit e. Fig. 52, where (he lire destroys the injurious vapors, and the residue is used as cement for the retorts. Graham found (hat the action of the lime could be very much increased by (he addition of an equivalent of 4^ parts of Glauber's salt {sulphate of soda), for sulphate of soda exposed to the action of the gas is de- composed into hydrate of soda (caustic soda), with n simultaneous formation of gypsum. All the sulphuretted hydrogen is llms speedily taken from the ammonia to form the bydro-sulphuret of sul|)hurel of sodium. All the defects are thus removed, with the eiireption of the chemical insufficiency of the purifying material (the lime). The safest plan would evidently be to bind the volatile ammoniacal salts by double decomposition with an earthy or metallic salt, so That non- volatile salts should be produced. This, in fact, is the idea upon which the most recent improvements are based. Penot was the first to employ, with perfect success, the sulphate of lead waste from the cotton print works, which he suspended in water in the manner of milk of lime. Sulphate of ammonia is produced on the one hand, and tjulphuretof lead on the other; the abstraction of (he sulphuretted hydrogen is thus complete, but a lime purifier is still required on account of the carbonic acid, and the sulphate of lead cannot be obtained in sufTicient quantity, nor is it sufhciently cheap for use in the gas works. Hence, it appears, that the more recent method <^^ purification proposed by Mallet, deserves the preference, inasmuch MH a nearly valueless salt, proto-sulpbate of manganese, which is pro-^^ duced in abundance in the bleaching powder- works, is employed. Instead of this salt, green vitriol (sulphate of iron) may also be used. In every case, howcverj its well for the preservation of the vessels as OIL GAB. ni fee obtaining tlte proper aetrao, it is Dccessarr le oeotroltxc the escers of ftcid cDotaiDed in it, bj the ammoniacal water of the tar cistern. In the VBsbioe ressds, 3 or 4 of which are sufficient, the gas comes in contact wtin the neutral naogaaeset or iron sohittoa in the forni of a Idaii of wateifiiU, tlw total pressure not exceeding 4 to 6 iadMS. Salpliate and Bmriile of uunonia, which dissolve, and carbonate of Mattgasese, with salphurets and ci-aoides of the metala. are the com- pounds which reauh: the Hme is, iberefore, quite superfluous; but sulphuretted bydro^n, tf in combination, for instance, as a higher sulphurel of ammoaiuD], will ncTertbeless escape, and hence a Hme purifier beyond Mallet's apparatus, may be of service. The interrst- mg obiienratinn has lastly been made with reference to napbthaline, (a peculiar volatile product of the decomposition of coal,) that the presence of its vapor in illuminating gas is due to the ammonia; it IS at least separated in large quantity, with other similar substances above the solution of manganese. Notwithstanding the increase of illuminating power which the vapor of napbthaline communicates to the gas (49 carbon to 6 hydrogen), yet its separation is d^trable, as it occasionally depnMt.i in a crysraline form in the tubes. The sails of ammonia arc valuable as secondary products of ihc gas works; it is, therefore, advisable to wash the gas with pure water before it enters the manganese purifier; the water becomes gradually prettr well saturated with ammonia, and at the same time a great saving is eiTt^cted in the quantity of man^nese.* Oil Gat. — It appears, at tinsl sight, both inexpedient and superfluous to distil oil for the produclion of gas, when we consider that oil can be burnt in lamps without any further preparation, whilst tt loses carbon by deposition in the retorts. Purified lamp<oil is consequently never used ; but gas can be prepared from impure oils, Imin-oil, or refuse fat, with as much ease as from the purer kinds. The manu- facture of gas ifi, therefore, uiidpr certain circumstances, an admirable means of using up such materials for the production of light, as could not otherwise be employed, or only applied to the lowest uses. Tb« experiments of Henry, which extend also to this part of the subject, show at onc^ the plan that roust be adopted upon a large scale. lUs results were as follows: » •1 on TMiw»1 of (lie Dbdilaoou. Bngfal mi tienc .... INtio LiOW7>i poanble Ivm peraturo LbM- r«l Imt I- 0.444 OJWO 0.V06 In m paru of illuninaling pa» mwM X 0 Iff 23.5 36 m 98.% ».4 MS ia.3 14 t IS.3 B.5 4S.1 99.4 7.7 3 I a.6 4 4 a An improTod method of [HiriBcaiion will be dcKfilied Sn ili« AppeodU. in OIL GAB. It appears, tlicn.tbai oil gas is superior to that obtained froio cos as is also shown by its ileitsity, aiid that the produce, dependt-nt chiefly upon the tecnperaturf, is of the best quHlify when obtained at a low red heat. This temperatiiro suffices to convert the oil into gas, but is not sufficiently high lo decarbonize the gas to any great extent. The apparatus for obtaining gas by the tlistillaiiou of oil is repre- sented in the drawing below, Fig. 08. To accelerate the evolution A-i\ !32 i'.^. of gas, and shorten the tiiue which the gas alreadv produced has ti remain in the red-liot vessel, the retort a is filled with bricks, or lumps of coke, which extend the red-hot surface very materially. The se- cond cylinder &, serves both as ^e5e^^'oi^ and hydraulic main at the same time, and vith this object in view a and b are connected in two places d and e. Oil :flows Irom a large cistern above the apparatus in a constant stream through the tube c to 6, which (6) is thus kept fdled up to a certain level. From b the oil descends through c to a, is coiiverled into gas and tar, returning through d to b. The tube d makes a sliort bend, and just eniers liidnw the tluid level in 6, so ihit the vapors of the decomposed oil must constantly pass through the reservoir of oil, and deposit their tar. The re'.ort a is, therefore, coa-^ .siantly supplied, not only wiih oil, but with a mixture of oil and tafj^J in such a manner, that all the condensed products return to the retor^^ together with a fresh quantity of oil, until they are completely con- verted into ga$. If the experiment is made io a long lube, inclined 173 90' It tbe trader pirt, -riOrt IW fiMt tt bpt eaol, hMd^ My Ur win be Modaced. Tht gu vUeh eoDeds awve tlie o3 u 1^ ttiuBgh Ae tabcg. As tht iihji itiiiM rawed » the ca>e < do noi here orcar, cmc im marts tie lakfy ased ia villi the nse irinc ia ttha ntfitu, r hcuf the gnfe. to umlauifhyiMqaeal% 1 cifctc fcl (» aboatlgUbas) ofoil dace &o« 600 to 700 cahie feel of ^M, vUch is eqMfdcai «a fioa to 96 percent, by wwghl; theiiaiiwlii bciriwa, which iadcyoriled betweea the eohe or bckhsi aad nae aaamirfihle Ibmu 7ae pfo> dvctioa of ott-fas is « ceatiiiaoaa procen, aad thas iKfiiii fioia the dbiiUatiaa of oooL The n<orts odIt trqnire opeaiag ao« and thea* for the reaMml of the drposi of gnphke. Vigors « dhe sune coot- podtioa aad piopeftics arc feaid ia oQ-gai, as in co«t-gms. Tbos, aocndiB^ to Hox, tU the voiatile c^jtcamatic oib, which occur mund wnh each oAer m tar froa flil,haTe Ae saaie conpoiitaoa per cent, as oleiaat p& Faraday had prefioailjf obserred ia ''■gHiri, where ocl-gas was coiapressed far te^uca] parposes with a preasare of 30 atnnspbere*, tbat these rapon were coDdenaed to a floid, of iriitch 1 part occupiai the nace of 7500 puts of gas. Anoagst the other oUj bodies preaent whid coolain Ina 80 to 90 per cent, of car^ boo, he was enabled to stvdiy so«e ta aa iaotaled stale, as tiiyle (<1 H^ dytriylc (C, HJ, and a thjid hydn-caifaon (C, H,). Bonn Gas. — If rosin (colophoaj) were usually fluid, iastead of bring solid, there wouM be do diflneoce in the oioile of obtainiog gas fmm it lo thai practiMd in the oJUgas roaoufacture ; as ttus. however, is not the case, it becotoes necessanto teoder the rosin fluid hjiwc suitable means, thai it may be easily supplied to the retut. The rolattle oil &om tar is frequently used for this puqxise. The flame from the retort fire, before escaping by the ehimner, is cau»ed to heat up a resael coataiaing rosin. As this mehs, it iridcles throorii a siere, into the second division of the rcssel, tearing the iupurtfies sod the sotid portion behind, where it is mixed with aa equal part of ihe oil of rosin (tar). Thus a solulion which will no longer solidify is obtained, and with it the retort is supplied, as with oil, in the former case. ^Vhen the gas has parted with its condensible va[>ora in the coolers, it is in a fit state for consumption, no further purification being required, as is likewise the case with oil-gas. One of the best arrangement^) for rocin-gas, and which has stood the test ofpraciice, is that which has been extensively carried out by Chaussenot, and is shown in Fig. 59; the rosin is here melted by itself, and the tal of tar collected and disposed of as a secondary pro- dnct. The draught to the fire-place P is regulnted through the ash-pit by means of the plate Q, which can be moved horizontallvbackwaids and forwards in the groove k. The air passing from below through the grate r r, and the fuel, creates a jwwerful flame, which passing, in the first instance, through the apertures g g gin the roof, plays round the retort jf, in the space Ju, and then, before reaching the chimney, heats the i-essel / containing the rosin, by means of the flue JV,/V". If this vessel requires filling, the Bre is shut off from JST, 174 nnsm gas. 'm. -'-*' ?v^'^- i-.j^i^' by the damper b, and is allowed tree Kj,'ress at iliu .ijjt-tiure O, bj drawitif^ back the damper t. Both the dampers are worked by iron rings and rods from without. In Chaussenot'a apparatus, it is not necessary lo dissolve the rosin in tar-oil, because the vessel /, in ■which the rosin is melted, and the conducting tube //, being ron- stantl)- surrounded with hot air, no »olidilicatioa of the melting rosin at the bottom/, need be apprehended. Cnmbuslible gases are gene- raled by merely melting the rosin, which may possibly endanger the whole apparatus. To u,void such contingencies, the edge of / is fur- nished with a groove, filled with waier u u, into which the lid A' dips at V V, and is consequently secured by a water-vake. By means of the appendage y, the vapors can be conducted info the coimner, or under the grate. The melted rosin flows consecurively through H, G, and x, into the retort M. Between G and //is a plate o, with a funnel-shaped aperture in the middle, in which the conical end of the rod d is movable. If this is raised through the stufiing-box e, the retort Ji receives a larger flow of melted rosin; if it is pushed down, the stream diminishes, or the flow ceases entirely. The rosin flowing * In ilia nboT«>Bppiireti»ih« nieliwd nifin, uu, Afc, ^.r^ wMitocntcrike rpiori ihniugh K channel nmr the front purl of the ntun. $omo roein-KU appBratusM HmMructcd in llii* country, Coiiion'* Toi ciomptc, tmve rnmiihed the liquiil an erilnu>c« lliroa^ k lub*_ BonutK into ill* leiiort dirccily through ilie boi Mi<ltuiilMt w at X— Am. Kb. &XS FKOM SOAP-WAmi. vn I from Xj is carried lo Ihat part of Ihe retort containing the cokr» by means of fbe iDclined plale^. The coke is prevented falling; into the neckoflbrrelort b^' tlie grating/; hea>, loo, (he gas escnpos through a tube downwards lo the tar cictern C, and from (hence thiuugli E to the cooUog-pipe A which is immersed io water in a long (rough P. C IB constaoiljr nearl;^ filled with tar, that the mouth of le may always reniain immersed ; this, therefore, dips into C, whilst the g3i»>])ipe i.', bebiad the sectional level in the drawing, only just passes through the material of the main C. The neck /*, situated above j, has ■ soiall appendage a'; this, as well as c", and o"', is constantly im- meraed, and all three are used only for introducing iron rods in cleaDsing the approaches to the retort; a is a similarly ronstructed appendage for screwing up the lid of the retort ; a, a', a", and a"\ are all furnished with iron semi^circles and screws, for forcing iron plates flat against the apertures- In such a furnace, therefore, dis- tillation goes on continuously, until the deposition of carbon renders a renewal of Ihe colce necessary. Rosin^gns is not so highly illumi- nating as oiUgas, and is of about the same quality as coal-gas ;* it is used in many towns, as in Frankfort<on<the-Maine, Aittwerp, &c. 14 to 23 cubic feet of gas are obtained from 1 lb. of rosin. GasJ'rom Stwp'Watrr. — Few cases are adapted to give so favorable an idea of the practical value of gas illuniinauon, as the process car* ried out at the works of Houseau Muiron, at Rheims, where very good gas is obtained from refuse which previously cost something to throw away, and which now is a sourceof jirofil to the manufacturer. This refuse is the soap-water, in which woollen stuffs Iihvc hvau freed from fat. Besides the unchanged fat, w*ilh which thoNr goods are charged as they come from the loom, the soap-water contains a solu- lion of oleate and stearate of soda, and compounds uf the same acids irith lime in suspended flakes, and lastly, animal matters extracted from the wool. From all parts of the town the soap-water is collected, and brought to the reservoirs of (he works, where 300 cwts. at nlime are (reated with 2 per cent, of sulphuric acid, (or twice as much hy- drochloric,) mixed with equal parts of water. APiet the lapse of 12 to 18 hours, complete coagulation is effected. The water contains Glauber's salt (sulphate of soda) in solution; a little gypsum is formed at the same lime, and an impure gray, fatty matter rises to the surface. This consists of the fatty acids, oil, and animal matter with much water; the greater part of the latter has already been mechani- cally separated, and ihe remainder is removed by melting in copper Tessels, the contents are theu drawn ofif into a second boiler contain- ing some sulphuric acid (o effect a clarification. The fdtration which follows affords a clear oil, and this gives with crude soda (containing sulphuret of sodium), a very tolerable soap, whilst sulpburet of iron separates, together with a black solid residue, containing much fat * Soain fpu N (MiMKlly miKh hoiTier and morn hijfhljr iltuminatinic than orrfbunr oost gat. anil lorthi>r«mwn acpn^n quanUiy of loan » Kmctim«« ur<1 with ib« cob), etpeeiall/ mx ibc I'hilkiielphia pu work*. It U not eimvtytd to the rctoiu in ■ mc-lted , bnt Utnwn in lalitl, along will] the uonL^Aa. En. 176 JLLDHINATING 0A8 OF SELLIGUE. for distillBtion in the gas retorts. The process of distillatton is li that prarlised with rosin: the tur produci'd the first dny, is aaed on the morrow to dissolve and render fluid the solid residue, and so on. Gat from ^inimat Matter. — In the distillation of animal matters, bottes, flesh, &c., ns it has long been practised for the production of bone-charcoal and bone-black, tar (fetid oil, Dippel's animal oil) and gases are gt'deraicd. The illuininating; power of the latter has liatteriy attracted the attention of iritunifacturers. Seguin, in par* ticnlar, has carried on the process on a large scale, making' nse of the gases. The material, for instance, the flesh of dead animals, con- tains 60 per cent, of water, which must be removed by drying, before being placed in the retorts, and the latter should be kept at a cherry red neat. The sulphur (a constituent of albumen, fibrine, &c.) is chiefly found in the gas as snlphuret of carbon, the nitrogen of the flesh, as carbonate of'^ainmonia. AHer being properly cooled, thegu ia first passed through a solution of rhtoride of calcium, where car- bonate of lime and sal-ammoniac are formed, and from thence throngh tubes containing lumps of sulphur, which condense the sulphuret of Carbon lo the fluid state, ami dissotve in ii. The latter wotdd be con*^ verted in the Hame into sulphurous acid and carbonic oxide. ^^ HluTninaling Has of Setligue. — Afler remaining stationary for a long lime, some new improvements have latterly been introduced in the manufacture of gas, which, instead of applying the destnicHve process to a single material, regulate the decomposition of several substances in such a manner, thai the elements of illuminating gas are obtained fn)iu as many difiirent sources. The most important of these, is the process discovered by Selligne, in Paris, by which resin- ous matters are decomposed in the presence of carbonic oxide, and free hydrogen. It is difficult to specify what kind of chemical pro- cess may have furnished the leading idea for this invention ; but whatever that may have been, according to the statements made lo the Academy by Thenard, Barcet, Dumas, and by Payen in another place, as welt as from the experience gained at the Royal Prinlworks, the invention must be of interest as a step in advance. Thebttuminousslate-marlof Autun, asit isused bySelligue, alTordf^l when distilled, about 10 to 20 per cent, of oily products, j of whidi'" consist of a tight oil, of specific gravity 0.766 to 0.810, for the pro- duction of gas. Three red-hot cylinders are used in the process, which are walled in an uprieht position in a furnace. The first two are filled with wood charcoal, which is replaced from time to time it is consumed; the last is filled with chain and pieces of Iron. thin stream of water flows into the first cylinder, and is converti there, in contact with the red-hot coals, into carbonic oxide and hy- drogen, a process which is completed in the second retort, from whence both gases enter the third retort, in which a stream of tbe alate-oil is being decomposed by the red-hot iron. The decompoaei^^ vapors of the water (carbonic oxide and hydrogen) form here, wit^H the vapors of the slate-oil, the new illuminating gas. By the simul^" laneous decomposition of 157 lbs. of oil, and 160 lbs. of water in COLLBCTIO!! AUD DtSTKIBCTIOK OF TBI GAS. 177 I I this maaoer, 13,461 cvbic feet ci gu (of 0.65 sperific |;ranty} mxt Mid to hare been obiaiBcd ; aod, moreoTer, d* such a qaality that iffs illumiiMiliog pover was twice as gnat as that of ordinal^ gas: 86 eabic (v€i of this better kind of gas are, thereforr, obtai&rd fma 1 lb. of oU, whilst the sator qaaotitjr of slateMMl, tiratrd id th« usual iDaQ> a«r, waaU only pcoduce from 15 to 2S cubic (ert. The existing statements are quae inadequate to explain ihr contradictioa between the evidence of the authorities, above quoted, ami the appareoi iva- probabiliiT of such an extraordinanf result. Those statements men- tion the remarWable fact, that in the third retort there is no de{iosilioa of carbon whatever upon the iron chain, and that, consequently, the gas prepared by Selligue's method, must contain alt the carbon that is deposited as graphite in the retorts by the ordinary process; they reroaxlt furlhrr, that Sellif*ue^s gas deposits no conden&ihle vaportj at — SC50 C. ( — T7° T.,) nor is it deteriorated in quality by that lemiJerature, whence it appears that the value of the gas depends upon its chemi- cal, and not upon its physacat, constitution; but they give no facts which are calculated to explain the chemical process concerned in its production. Collection and Distributum of the Gas. — The production of gas, and its consumption, do not go hand-in-band, lor the gas is not con- sumed at the same time, nor in the same quantity, as it is evolved from the retoiis ; the primar)- pressure in the latter would also be too strong and too variable for the production of steamy gas flames. To aroid these cwls, and yet fulfil all the requisitions, large cylindrical inverted vessels are employed, open at bottom, and dipping into water; they are repositories for the gas, and are also intended at the same time — and this is of great importance — to force the gas oawanl with juirt the requiate amount of pressure for burning properly at its des- tination. These repositories are ver}- improperly called gaaojneter$. In Kig. 60, the different parts arc easily distin- ^i- *•- guished. The flat cy- lindrical vessel bangs, by means of a chain from its top, which pass- es over two pulleys on the beam above, and at the other end is attached to a counterpoise. The lower open end dips into a reservoir of water, into which also the pipes open for the entrance and egress of the gas. With large gasometers, there are practical diffi- cultits attending this mixli' ut hll^{)cIl.si^lI), jnasmiiicti as Ihe beam cannot sustain the weight without bending; the Inrgi lity of water also, which is frequently as much as 2,419,&19 gall. rge q uan- 118 COLLECTIOlt AND DISTRIBOTION Or TBB GAS. is a source of much inconvenience, particularly in cold weather, when steam must oflen be conreyed into it to prevent its freez- ing. In Ibis case the arrangement shown in Fig. 61 is preferable. The gasometer ^ i» a large drum of sheet-iron riveted together in the manner of a steam-boiler. Several coatings of tar, put on hot OD both sides, is »ulHcient, notwithstanding the number of rivets, to maiie it quite gas-tiglit. Inslend of being sunk in an entire basin, the gasometer |i^ works in a ring-shaped space 1 1, surroiioded by brickwork; io the round pillar m, there is a channel for the pipes Kis- 61. "t;'^i -V* f^ziS i and /', which can be made to enter through i, but not so c<n)Te> Xiiently. This channel t- must of course be closed somewhere — at w I in the drawing — to prevent the escape of the gse. The sides of i are covered with cement, which renders them quite water-tight. The drum is suspended from it-s centre by the chain K, the rollers rr > being fixed upon the triangular (cast-ironj fntav, p is the counter- ipCHse. To prevent all lateral motion, the iron drum ^ is moved up ' and down against the guiding rollers o o o. A layer of tar is poured upon the surface of the water in i, that it may not require frequent renewal, which would otherwise be the case, on account of the con- stant evaporation which takt^s place into each new volume of gas. It is frequently cheaper, although much less commodious, and more space is required, to construct the water cistern of cast-iron plates, m I donble iWaMMnlM. la the cotietf the ifawa wife tube. opnaCfcMh CDdsp is attMhed le *e lap, n Atf iW «M« ftms a bad aT (^ bonon Of fhe wtfcv niMa, aad «U k tkree Mnag iratt i«^ «Uk , paBaja. Tliis last fixed tube, witk the tkne rodi^ remaias IB the tabe tftacfed id the draa, wfailsl tke giimaiHi Bovca up dowD. IV Arae ckaias |«» over dtt paDcy*. md aapKict eoaBtcfpabe, vhiefc aavea ia tic iBtenar of both ttibn. la h gB^vom ■ muaber of wiiMlg Mirf gaacmetcn vc prtftmd to Toy laiFe ime, alihouj^ tbcy «re noR expennn. Tut's prDpoatioa is infeaJcd tc awct tkis dificoky : in one and Utr suae witrr ristcrvt 3, 4, or more eyhadus are placed one viihia tb« other, tikr the sepa- rate limbs of a tdesoope, liie oatermost of whidi only is cktsed at the top. The apper edge of each limb is broad aad flanf^ oo the oatade; each lower edge has lilcewiM a Aaoge, but turned tnwanlt. When the gas enters, me ooter drum first rises, and hariDg arrind at its greatest height, raises the second, bj means of its flange cMch- ing the flange of the second, whilst both are immersed in watn*, the fiann itself tbos becomes filled with wafer, which prevents the escape af tae ^. In cTcry case, the management of this apparatus a attended with difficulty. With reference to Ine shape of the gasometers, those deserve the preference which hold the most gas with the least expenditure of material (sheet iron]. A cylinder, the radius and height of which are ei^aal, is. therefore, best suited to this purpose, (other shapes are not applicable-,) a foot, however, is added to the height, that the mania may at warn be under water. The capacity, and consequently IM' diameter, or the height of the gasometer, must depend upon the demand for gas; if the cylinder, at its extreme height, is to contain q cubic feet of gas, then it follows from 3.14 r^ k^ ^ first 3.14 H « f, (ba- -B A,) and hence r= Ij-j—.. — The operation of the whole machine is ea&ily understood. On filling the gasometer, the tube t is closed, und thr gas tlow-ing from /' soon begins to raise it, lis weight being borne by p. Besides, the weight of the cylinder, and tlint of the gas together, are much less than the weight of an equal volume of water. A gasometer 40 feet in diameter, (and consequently 21 feet high,) when at its greatest height weighs, gas and iron together, about 1£m cwL, whilst an equal Tohime of water would wpigh 7,800 cwl. As soon as the drum is filled uptothe heightof its riwliiis, t' is closed, and the connection between the gasometer and the furnace is thus cut off. The next object is to cause the cylinder to sink in such a cause ri 180 COLLRCTIOK AND DISTRIBUTION OF TRE CAS. I manner Ihat Ihe gas sliall flow out with that degree of force which experience has sliown to bo di-sirable, and which corresponds with the pressure of a column of water from I to 2 inches high; the water on the outside mtist, therefore, stand from 1 to 2 inches higher than on the inside. This state of things is bronght about hy connectiiur a bent tube containing water (a manometer), with the exit pipe, and' by altering the counterpoise untiJ the water in the manometer has risen from 1 to 2 inches. From obvious reasons, however, this pres- sure would not long remain the same. For by di|)[)ing lower into the water of the cistern, the drum loses more and more of its weight, and, moreover, just as much, as the weight of the water displaced bjr the tdge ; the same, therefore, happens as woiil^ result from a gra- dual increase in the weight nf the counterpoise; the pressure is diminished. With a drum of the above dimensions, the cubic spacft occupied by 10 feet of the margin would be nearly 30 cubic feet, which, therefore, displace 30 cubic feet =• 927 lbs. of water, and the pressure is diminished |th inch. Thia dimunition may he counter- acted hy the chain, if it has been constructed of the proper weight. In every posiiion of the chain, one portion on the side of the counter- poise will biilance another portinn on the other side of the pulleys. The lower the drum sinks, the more of the chain passes to its side d the pulley; each link, however, is a weight, taken from the counter- poise and added to that of the cylinder, so that this is increased in weight by twice the weight of chain which has passed the pulley. The weight of the chain must, therefore, be such, that the portion passing the pidley weighs just half as much as the water which is displaced at the .same time. In addition to this, it is obvious that the specific gravity of the gas must have an effect upon the working of the gasometer. Oil gas has nearly the same density as the air, and the weight of the enclosed gas is, therefore, not sensibly different from that of an equal volume of air; it will, consetjuently, be in ec|iiilibri«ia with the external air. This is not the casewith coal and rosin-gas, which is 1 1 times lighter. The portion already above the water will stand. ID the same relation to the surrounding air, as the portion still im- mersed stands to the surrounding water ; it will endeavor to rise, although with less force. In other words, the part above the water is in the condition of an air balloon, the enclosed gas being lighter than the same number of nuhlc feet of air which it displaces. If this difference in the gravities were greater than the weight of the iron composing the vessel, then the gasometer would rise; under existing |i circumstances, its tendency lo rise merely dtrointshes its weight. A I cylinder 40 feet in diameter, and 20 feet at its highest stand, contains I 25,231 cubic feet of coal gas; the same number of cubic feet of air will weig;h 1911 lbs., whilst the gas will only weigh 12-12 lbs,; in this position, therefore, the external pre-ssure of the air will diminish the weight of the gasometer 669 lbs., and this must be taken into calculation ia regulating (he chain. The tendency to rise in the gasometer, increa.ses as it 6tls, or rises, but. at the same time its loss of weight by submersioD in water diminishes. Farther, the teadencr^ GAS PIPES. 181 of the cylinder to rise increnses with its capacity and dimensions, the loss of weight on the contrarj* with its amount of surface, therefore, in diminished proportion, so that, with a certain diameter, these two compensate each other, or the pressure may even diminish as the cylinder sinks. Gas-Pipfs. — The distribution of the gas from the gasometer is effected, as far as the principal mains are concerned, by means of cast iron pipes, which have already been spoken of above ; the smaller mams for the supply of houses are composed of drawn leaden tubes. Experience has shown copper tubes to be dangerous, on ac- count of the production of a peculiar pulverulent deposit, formed from the metal and the ingredients of the gas, which takes fire spoota- neously in the air. The gas passing through the tubes is subjected to friction against their sides, which increases rapidly as their diameter diminishes. As it is very inconvenient to overcome by a greater pressure in the gaso- meteri the diminution of velocity in the current of gas caused by this friction, it becomes necessary to widen the pipes to such an extent, that the velocit)* of flow in the gas at diflerent distances from the gasometer may not vary too touch, and it is, consequently, of import- ance to be able to calculate the efiects of friction. Assuming a con- stant pressure to exist in the gasometer, the resistance caused by friction will stand in some relation to the root of the length of the pipe (/). The quantity of gas 9, which flows out depends, therefore, first upon that relation (upon */ I), and also upon the width, t. e., upon the square of the diameter (aP), increasing with the latter, and diminishing with the former. We, therefore, have 5 => — . A tube v' » 316 feet in length, allows 400 cubic feet of gas to pass in an hour, VFben its diameter ts one inch (=0.1 feet). We obtain, therefore, g.^JL = 400: " '* , whence d =» |_?j£lLfPrechtl).- Fromthat ' ^/t V3I6 \71I000 Eoiot where the first portion of gas passes into the side main, d may e diminished in proportion. The iron pipes are about 9 or 10 feet long, and are cast with a turned up margin or shoulder at the one end, and a mouth-piece at the other. Fig. 62 shows the manner in which the shoulder of the one pipe Fig.W. is placed into the mouth-piece of the other when they are laid down. The space between the two is iilled up with greased tow, and then leaded all round, which renders it perfectly air-tight. It is still more easy to form a tight joint with the smaller pipes, the leaden tube bi-ing flexible and easily soldered. The proper distribu- tioD, as well as the management of the gasometer, render it necessar)' ' Sw for ■ ootnplFtv inrrcii^iiunur ibis »ut>jwt, WutlNMli'tMMlwnicsof En^o**'^* lAf, Ant- nliiiou, p. 128 lo 43!l Inchuive. — Ax. Ea. ]83 CAS-METed. Kig. 63. ^TT that there should be stops in dilTerent parts of the conducting pipes; stopcocks answer well enough for the smaller tubes, but they are oot Ruited lo Ihe principal mains, where they would necessarily be very awkward and excessively large. The more convenient water-valTe, Fig. 63, has been used instead of thera, and byjls means a perfect stop- page IK effected without any turning. The two separate pipe-ends a and b enter the vessel c c, which is filled with water, abox'e which a tin drum d d \s suspended, dipping below the !evel of the water n, and at- tached to a counterpoise p. Id the position shown in the drawing, the tubes are in conneclion; this, how- ['ver, can immediately be stopped by ^ -' ^ j — '] means of the partition e, when the <' drum d is so far lowered by the re- moval of the weight p*, that e comes into contact with the waler. Leakage in the pipes, which often occurs at bends and corners, is attended not only with loss but with danger, for illuminating gas explodes when mixed with air in certain proportions. The fact, that such explosions are uncommon, and have never occurred in rooms, is singular, hut easy of explanation. For the gas, on entering a room becomes mixed with much more air than that proportion with which atone it is explosive, and danger is con- sequently avoided; in crevices in the walls and ceilings, however, where such cases alone have occurred, the probability of the expb- MTe mixture being generated is much greater. Gas-Meter. — As a check upon the gas-works themselves, and as a means of calculating between the works and the larger consumers, when the gas cannot be paid for by the number of burners or hours of consumption, a safe and easy method of ascertaining the quantity of gas consumed becomes necessary; this is effected by the gas- clock or gas-meter. Fig. 64 is a simple section of this instrument, and Fig. 65 a section tn perspective at right angles; Fig. 66 is a similar section parallel to the axis in the direction of the line a 4 in Fig, G4. The principle is the following. When a number of vessels of a certain capacity, for example, 1 cubic foot, are so arranged, that (without loss of gas in the interval) one after the other shall oe filled by the oAa in passing, and for ttiis purpose are inverted in water into uhich the gas enters, just as whh the case on a large scale with the gasometer, tt follows, that just as many cubic feet of gas will have paMied, as there are vessels that have been filled. If all these vessels, (for instance, 4,) are attached to a common axis, upon which they revolve as they fill and rise, every revolution of the axis will corre- sponds with 4 cubic feet of gas that have passed through. Id the gas- meter itself, instead of separate vessels each containing I cubic foot, compartments of a drum of equal and known capacities are employed. In a case 6 b, more than half filled with water, this drum d d revotres, 183 "•-"- m THE BirilNERS. of ^aa by means of the meter, the temperature ougbt to be laken into consideralion, for 1000 cubic feet at 0* C. (32° F.), will become IOTOh cubic feet at ^O^ (68° F.)' ■ The Humeri. — From the leaden pipes — io the circuit of wbich the meter is placed, if used at all — the gas enters brass tubes which pro- ject from the waU, and passes to the burners, each of which must be furnished with a separate bras» Ktop-cock. Good, tight stop-cocks are much mon^ difficult to maltc for so light a gas, than for liquids. Instead of fixing the carefully ground conical plug into its place by a screw, which occasions either too much friction, or an imperfect {'oint, it is better to use a watch-spring, which in spite of the wear, :eeps the plug always light. Gas-burners are ver}* similar to lamp-burners ; by the former we are lo understand the different mouth- pieces attached to the ends of the tubes for burning gas. As neither the wick, nor the level of the oil, has here to he considered, the management of these burners is comparatirely simple; but as the amount of fat in candles and lamps required regulation, so here the amount of gas consumed in a given time, must bear a proper relation to the current of air from without, i. c, the flame must neither smoke, nor must it be too short and blue. Such regulation is partly eOeeted by the cock attached to the burner, and all excess of gas is avoided from the beginning, by allowing the gas to issue only from very small apertures. In passing through such aptrtures, the original velocity of the current of gas is much increased, and the flame thus acquires the proper size and height. The same quantity of gas issuing from a wide opening, would produce a wide, short, and dull flame, because the surface in contact with the air would thus be increased. A gas flame issuing from such wide openings, is essentially faulty, for the same reasons ms the flame produced by thick massive lamp-wicks. When the brass burner has a single aperture of tlie diameter of a bristle, {^s of an inch is the width calculated for coal gas, ,*g of an inch for oil-gas), a simple Jet is produced m the form of a long, thin, conical flame. The bal's-wtng, or flattened flame, which the gas forms vrhen it issues from a nar- row slit, instead of a round aperture, is much more ap- propriate, and combines all the advantages of the flat wicks before mentioned. A similar and equally good flamf is produced by a burner with two apertures close to each other, the channels of which are inclined inwards, so that both the currents of gas cross each other at their base. Tbey then form a flat llame, spreading out iq the form of an inverted triangle, the Jish-taiJ burner. jfl| Simple flames of this kind are generally burnt withoi^^ any appendages. When a greater quantity of light is required, and more particularly when great intensity of flame is desirable, the Argand burner is generally chosen, Fig. 67. The gas from the pipe enters the annular space Fig. or. * Thri inc>*1 m>pnt iiiit>rc>v^in^nt( in ihp cnnalmction of gu-nunen, puiiculkrljr of diy pta-in«urf, will ba noiked in ilie Apponilis. 186 PORTABLK GAS. contrary, the chief cause, independent of some secontiaiy causes, i« due to the dlBerent times at which the burners in connection with the same pipe »re closed. Suppose a pipe to supply 1000 burners of equal size, and one of these to have been regulated in the begin- ning to its highest pilch — witliout smoking-; then, at 10 o'clock in the evening, when tvo hundred householders have put out their gas, I more gas will issue from the burner in the same time* and the cock will have 1o be closed in pniportion. Inventions for preventing this irregularity, so called regulators, have been recently propose<l in great number, although not one of them has been geoeraily adopted. To render ihe action of the burner perfectly independent of any altera- tion in the pressure, it has been the endeavor to make these changes of pressure themselves work a mechanical arrangement, enlarging or lessening the aperture of supply in such a manner, that an equal quantity of gas bhall always pass out. PorUibU Gas. — Tlie distribution of gas by pipes is exceedindy expensive, both as regards laying them down and the cost of repairs, and is also attended with the inconvenience that the light cannot, as with candles and lamps, be carried lo nny particular spot. Even the joints in the arms of the burners, as they are sometimes used, only admit of a short circular motion, and no real change of place. These deficiencies have given rise to two inventions which must not be overlooked. Compressed Gas. — Tlie first, and older of the two, is the use of compressed gas; the plan was to force the gas into small vessels, contained in the foot of lamp-like burners, which sliould conlain sufficient gas for several hours' consumption. Oil-g»s, on account of its greater illumiiiatiiif^' power, is decidedly preft-rable for this pur- pose, for ( a volume will produce iis much light as 1 volume of coal- gas. It has been ascertained, that a common burner consumes 1 cubic foot of oil-gas in the hour; for an evening of six liours, there- fore, to be on the safe side, we should require 8 cubic feet, which must be compressed into the space of ^ cubic foot — the largest space that can be allowed for the foot of a lamp — and for this we should require the euormous pressure of 32 atmospheres, a pressure which would be very much increased by slight warming. The vessels of these gas lamps must, therefore, be constructed to resist, at least, double this pressure. The diminution of illuminating power by the condensation of the carbo-hydrogens, (page 162,) as well as the danger of explosion, has prevented the adoption of this method at present. There is also great difhculty in obtaining a uniform flow of gas, as the pressure in ihe vessel diminishes with the consumption. Portable uncompressed Gus. — Another method, which, however, does not answer the same purpose as the foregoing, was introduced by Houzeau-Muircn, at llheims, and speedily adopted at Amiens, Rouen, Paris, &C. The distribution of the gas within the houses remaining the same; the burners and the flame, therefore, being immovable, Muiron has endeavored to avoid the grand expense of conducting mains. He employs ver)' large vans, or rather very large IU.CHIKA.TIOX. oi Kght iheet metil «beds, is which an placed wide Tklm opewBg io oppo* of gn ti|fc Tsmubed materiil. Two direetiou serre far the entrmace and egress of the' gas. ' The' bag U first pressed u^ether, lo farce oat the air, and the &Uing<tube ts ■crewed into the niovth of the proper raire. Thb tube goes iato the gamneter of the works, which has oaljr to be lowered to fill the bag with gas, which then of itself keeps the \tirt ckwed b^r which it had entered. The van is theo dnrea to the boase of the coosutnrr, ia whose cellar there most be a small gasometer constructed of sheet zinc ioTeited ia a woodeo cistern, aod supplied with i filtiog tube, which is now connected with the exit vaJTe of the bag. The two flat wooden ends of the cylindrical hag are then drawn toother by means of strings; the bag is thus emptied and the gas forced through the tube into the gas-holiler, from whence by leaden pipes it may be carried forward in all directions. The small gasometers are so simple that they do not cost more than about 30 to 35 florins (about |16). The bags contain from 200 to 1000 cubic feet of gas. The first time that the^' are filled, the bags may possibly retain a little air in the Iblds, which is afterwards expcUeil by the gas. We add, in conclusion, a few statistical data with reference to the illumination of London with gas in 1840, that some idea mav be formed of the extent of the works in large towns. In London there are tweUe companies concerned in the working of eighteen gas- works, which together represent a capital of about 3 millions sterling, 1^ millions of dollars, which returns abont jeOOO.OOO ($3,500,000) per annum. Frotn '162,880 cwt. of coal, 26 16 millions cubic feet of gas (about 132 millions of lbs.) are annually obtained. Inthe longest night, 13 millions cubic feet are used, for the production of which 17,942 cwt. of coals are required. The 176gasomelersof the eighteen works will bold 10 millions cubic feet of gas. There are 2500 persons employed upon the works, and 330 more are employed as lamp^tight- ers. Since 1822, the consumption of gas was doubled in Bve years; ■B fifleen years it has been quadrupled.' ^ecls of different Illuminating Maierials and Methods of Illumi- nation, and their Relative Values. — The accurate determination of the value of the different means of illumination is not only interesting in itself, but is of great importance as a matter of daily traffic, light being essentially necessary to all classes of the population, even to the most needy. Every simplification, even the smallest abatement in price, which progressive industry is enabled to make in this de- partment, is a donation of tbuusands divided amo^g^t the poor ; every augtnentslioti of the brilliancy and wbileiioss of the light is a welcome addition lo t)ie comforts of the domestic homes of the rich; every improvement, in short, in the modes of obtaining light, particularly in those adapted for public purposes, is a service done to the public at large. Without entering more minutely into the subject, it is evident AddiuoiH] nauM npon gu Ulumlnaikin will bo Ibund in l]i« AppentlU. 188 ILLUMINATION. ihnt the value of any means of illunitnalioTi must depend upon two things, namely : upon the quantity nf light evolved, and upon the consumption o/" lighting material which accompiinies it.* A candle, or a lamp, &c.,will be the more valuable the more light it gives from as little tallow or oil as possible. The consumption of iltuminaling material, together with its market price, show the cost of the Hg^l, to which the outlay caused by the method of illmninaiion must in many cases be added. The determination of the iiuanlity of illumi- nating' material consumed, as well as the calculation of what it will cost, is a simple matter within everybody's comprehension ; the deter- miaattoD of the quantity of light, on the contrary, requires more ex- planation. Light cannot be measured with reference to its quantity any more than heat; it cannot be estimated how much light a flame emits, but it can be^ scientifically ascertained, bow much more or less light it evolves, tban another flame. All determinations of this nature, are, therefore, comparative. The most casual observation of two flames, for example, that of a candle and of gas. shows Uie one, although both are of equal size, to be infinitely brighter than the other. The eye receives, therefore, at the sftoie moment, much more light from the one than from the other. This emission of unequal quantities of light in the same lime (or in the unity of time) is called the intensity, or illuminating poicer of the flame, or of other sources. It is thus obvious that the knowledge of the relation of intensity of two sources of light must necessarily lead to that of the quantities of light when the time is taken into consider- ation, or that it exactly expresses (he relation of quantity, when the time in both cases is the same. The dissemination of light is entirely ejected by radiation; (he intensity may, therefore, be said to express the sum of the rays, which are emitted to a certain surface, for example, to a square foot. It is evident, that the sum must be dirainLshed by the distance from the source, as the rays separate more and more from each other. Accord- ing to the laws of optics, the intensity (or sum of impinging rays) is in relation 1u the square of the distance; when, therefore, a surface is illumined to the same extent by two flames, the rays of light from each will be proportional to the square of the distance at which each flame must be placed in order to produce an equal amount of light. It is upon this principle that the actual determination of the intensities and quantities of light depends ; the measure for both is, therefore, the distance to which the flames to be compared must be brought, in order to produce an equal amount of light. Practically, however, it is not possible to determine, even approximately, the degree of bril- liancy ; the degree of light is therefore not observed, but its negation, the shadow; and this uptm the assumption that the brighter light will produce the deeper shadow, and the weaker light the less deep shadow ; * A vklue, therefore, wblcli danuniAn with the inctecsiiif contumption, utd it au^ mtmltJ by th« quftotirf of li(hl. ILLDUINATION. 189 the other points remaiaingr as before. Id such experiraeots a boanl is used, covered with UQglazed wbite paper^ before which, at a dis- tance of from 2 to 3 incht's, nn iron roil is placed, which has been previously blackened by holding it in the candle. Opposite this board, but at the same height, the flames to be compared are so placed that both the shadows (for each throws a shadow) fall close to each other upon the board, and then the stronfrer flame is so far re- moved, or the weaker one approached, until both shadows appear equally deep, and lastly their respective distances from the centres of the Hames are measured. The squares of these distances give the relative intensities of light; if a flame, for example, has been three times as far removed as another, its intensity will be to that of the latter, as 3' to I' = 9 : 1 » 1 : 9, or 9 times greater. As such observations are simultaneous, and of like duration, they give like- wise the relative quantities of light; for unequal lengths of time, this has only 10 be multiplied with the respective duration. When one of these flames, therefore, burns 3 hours and the other only 2, then the quantities of light evolved will be in the proportion, 3 x 9 : 2 X 1 or 27 : 2. Observations of this kind may possibly give rise to errors, which, however, are easily rectified, so that the results obtained, for all practical purposes, are not the less accurate and trustworthy. One circumstance in particular requires notice, that when two per- fectly similar shadows of this kind are observed from one side, the one appears brighter than the other, and the same is the case, the order only being reversed, when they are observed from the other side; so that the rule is, to observe them always from a position exactly opposite the board. Practice is here the best guide In form- ing rules.* The simultaneous consideration of the quantities of li^t (or more generally of the intensities of light i) and of tbe consumption of illu- minating material q, leads to the formula for the Htuminating power v; forv s — is an expression, which in making comparisons shows ? the quantity of light from an equal amount of combustible matter. The illuminating power, and the price of the material together, show the coit or value of Ulxtminaiion, which varies with the market price, and is always in the inverse ratio with it. All the determinations given in ihe sequel have been made in the manner described, which is quite as well suited for determining the Ulumioating power of tbe dillt-rent substances, as for that of the dif- ■ In the liorizonaU teileotiiiit pbotocnetei, wtiicL !■■«, within s box op«n at both endc, two inirroN inolined to tbn homxia In nngles of Aifi each, or towRitla vnch other in an KDglv of 40", and Ibcniing by tlitnr interMctiDa an edgs at ^a onnti* of ih«> box, nn apaib Mr* neeivn a pieea of tiuue pap«f lat into tlie lop oT lbs uumuneni, on \rbl<A ta IVAmImI tbe IikIiI Troin two Uaiiira MtiMldnl al pciinl;i matn or ten nOKiW fran ths reqwcbvv open «'id»e pnpci. it «4iabtftl to cbMrve by IBMinii oS the e<qunl ilistiiiclana given tu tlic fibic* of U>» piipM an lli« two opposilv ddM of <bv jutwiurv of liie lu'u aiiiturt. The fuoiliiy of obtciviatt, at w«ll u tlt« tUreoUiMa of the dr terminal ion. ^ivea to this m«thnd of aM^natning \ht int^naily of li|[lit a ]ra«> (•rsDcc cnrct Uial Mrliioh JepemU on the depth of ahwlowt.— Am. E». 190 ItLCHIVATIHO POWEB OF CAXDLE8. fereot methods of illumination, when these are supplied with the same material. The method is, therefore, doubly important in practice. It has already been pointed out, that al! determiaalioos of the illo- minating power are entirely relatire, and hence arises the demand for a suitable point of companson. That flame would doubtless be best suited for this jiurpose, whirh would retain a perfectly equal inteostty throughout the wholi? duration of the experiments; such a condition, however, is not completely attained by any known means of illuminaliou. The flame ofCarcei's clock-work lamp is, however, of such very uni- form brilliancy, remaining unimpaired for several hours after it has been ignited, that lamps, candles, and gas, are very ffenerally compared with it. On comparing two exactly similarlnmpsofthiskind in such a man- ner, that one was kept constantly burning, whilst the other was freshly ignited for each observation, it was found that the brilliancy which in Inc beginning was 100, increased in half an hour to 103; in one hour to 116, and in four hours to 117. which it tlien retained for four con- secutive hours. The cause of the very slight change in the intensity of Carcel's lamp depends, as has already been explained, upon the uniform level and superabundant Sow of the oil; the increase in the brilliancy with the progressive burning may possibly be accounted for by the diminishing withdrawal of heat from the flame by the neigh- boring parts in projKtrlion a.s these become warmer, and, lastly, pn^ haps, by the excess of oil being loo great at the commencement, and becoming reduced to the proper quantity by the decreasing tension of the spring. niumi/iaiinf; power of Candles. — It is not remarkable from the na- ture of candles and the mode in which they disseminate light, that their intensity and consequent power of illumination, even under the same circumstances, should be so very variable. In the beginning, when the wick is freshly snulTcd, this variation is comparntively slight, and the intensity increases up to a certain point, when, from an excessive length of tnutf, dejKisit of spongy matter, &c., it con- stantly diminishes, until the candle is ngain snufTed or the deposit burnl| and then the process is repeated. Peclet found, by comparison with Carcel's lamp, that the primary intensity of a candle = 100, (6 -» 1 lb.), became in 4 minutes 9*2, in 8 minutes 50, in 10 minutes 41, in 12 minutes 38, in 15 minutes 34, in 20 minutes 32, in 23 minutes 25, in 24 minutes 20, in 28 minutes 19, in 30 minutes 17, and in 40 minutes L-1. Another candle, (5 to the lb.) diminished from its original intensity, = 100, in 5 minutes to 76, in 10 lo Et5, ia 15 to 44, in 20 to 39, in 25 to 32, in 30 to 30, in 35 to 24, and lastly, in 40 minutes lo 15. Less than half an hour, therefore, is sufficient (0 reduce the light from a candle to t, of its original brilliancy. The same diminuliun was the re-sult of Kumford s observations, namelr* ^ after 29 minutes. When, in the sequel, the intensity of candles u compared with Carcel's Ifimp, the mean intensity of 10 roinules' do- ration in tallow candles is to be understood, which Is about the usual lime suffered to einpse between each snufSng; in slenrine, wax, and spermaceti candles, however, the highest intensity is taken, which 192 ILLUMINATING POWER OF CANDLES. severally, to 1 for oil, 100 X t.42 M 2.63 for tallow and 6.28 for wax. When, therefore, Carcel*B lamp 100 X 4.64 72.3 consuines in an evening b cents worth of oil, to obtain an equally good light during the same time from tallow 13 cents would he the cost, and from wax about 31J. J A comparison like the one above is not quite applicable to every" day consumption, as candles are reckoned usually not by weight but by the number constituting a pound. The intensity of tight from a tallow candle is, from the above, to the intensity fmm a wax candle as 10.66 : 14.60, or as 5 : 7 : 7 tallow candles must therefore be ignited to produce the same tight as 5 wax candles, each kind being 6 to the pound. This latter is not literally the case ; thus, e. g., a pound packet of the tallow weighed 458 grammes, one of the wax 426 grammes, instead of 500, so that 5 wax candles weigh 355 grammes, 7 tallow candles 534 grammes. The 5 wax candles will cost about Is, 9rf. and burn 58^ hours, 7 tallow candles will cost about S^(j. and will burn 53 hours, both with an equal amount of brilliancy, which therefore, for an equal number of hours, will 8ld. in tallow, and 63 x_l8. 9d. = I£>.24f in wax. Besides this. must be taken into consideration that the ends of candles are of mut less value ihan the actual weight of material which they comprise, and are comparatively valueless when composed of the more costly stearine and wax. Amongst the experiments cited above, those of Ure are less accurate than the others, and more particularly, than those of Peclet. A comparison of wax and stearine candles (of Berlin manufacture) with each other, which possesses much interest, particularly as regards the relative values of 4, 6, or 8 to the pound^^ has been furnished by Schubarth. ^M Klod or cAadlc*. Mbd wb«nc« Abunwd. jikteniiir of Ciiiituinpiion ia I lioui In (nramea. illumuiUtag |)«orn- Common wax candle* of TsnnliiuKr } G*. Wuc canillea of Walker . Snuina eaodlM of Momrd SImIc Mnuine mndlM of ftliiqu«t ai Uohmlcluin SlMTvM cftiidUs IVoRi ihe nine partj«is i ^' Ciindlfs tnaila (iota Palm wax < 0*. 103.3 9t.n H)0.0 138.7 lQ(i.3 113.1 llljl 1210 132.7 lasA 116.1 U6J0 194.5 ItftJ IU7.8 7.8 77 T176 GMi OAU B.069 7.132 0.457 9.383 7.877 io.eso 9.30K 8.5M 8.871 8.Htiti 0.880 ».178 8.813 HiJtO saso IOOjU mjs9 104.1 81.74 78.33 100.7 86.11 m.b6 96M hiM 10«.00 ».87 8ft.a8 113.70 . Hi 14Si ■e«f tfe' n the fiiii nihil tf IS » It ■ the fcufiiag openawMs. r oT wmx aad struiar the gnenl oaad«- am« vitk iWrcnr acnnle and oftta or the hner. tW «■« AMI BMl iTife fan. Imib 69 kMii* 1 h. «r n 1 lb. rf fan «^ « hM cndk* vil b«s 57, 4»« and 10. AmAct nHk, acoortfi^l* which the ma csmDcj ts aeart^ Ae nme, wtamm, caanot be made 10 icpeated nperuKBis of power of wmx caadles to be ^ fiMCer; utd tku cuuul he litiifaci" lorily explainnl br the esfenmoA. As a ceaetd fiMit it is eTideat, that the drtenntDitioa of two points, aaacTj, the iateeaadrs of tike H^t and the time darixc which a caadl« is capaUe of buraiag, is ia itself aufliciet to detcrauae its valae as a soaice gf l»ht ta conpan* aoD with other caadlea, withonl kaowiw the wei^ whidh is ooosuwd in an boar ; for the tme weight and the dooumI weight «re alwsYS diArest ia a candle, so that a wax candle (8 to the pound, for in* stance), instead of wei^o^ 66 grins., onlj weighs 52, and 10 with others. In this manner, Tyfe has detennioed tbe illuminating ralue of difiereot candles ; but his obserr^tions are too inacrurate to deserve further notice here. According to t*Tfe, a spermaceti caodle bums 8 hours, a wax candle 9 hours, with equal tntensttv of li?fat ; in order, therefore, to produce thw intensity for an equal length of lime, 65 wn candles, or li spermaceti candles, («■ Sj : 9,) must be burnt. When, therefore, the price of the wax is 3^ times more than that of sperma- ceti, their iiluminating ralues will be inversely as: 65 : 3.5 X 72 >« 1 : nearly 4. Mobr found the intensity of sper» Sfi maceti candies -— -, that of wax candles, which, the prices remaining Lvv the same, accords a 5 times less illuminating raliie to (he wax can- dles, whilst according to Peclet, instead of &, it was only 3 times less. This want of coincidence in the results might harp been anti- cipated with certain limits, on account of the fluctii»tiiiL' light of the candles. Although the relative values of diQerent kinds of candles cannot be ascertained wiih roathematical accuracy, yet such experi- ments are always valuable as a means of discovering which kind is really the best. Why, it might ha asked, are those means of increBsing the steadi- ness and power of the t)»me, which have been described with refer- ence to the Argand burner, not applied in consequence of its unstnble nature to the light of candles? Inasmuch as the dnme of ciutdlrs becomes gradually lower, mechanical rontrirancea must be brought into play, either to lower the glass cylinder — for such only can here 194 ILLUMINATIKG POWER OF OILS. be meant — or to retain the flftme at a constant height. Such contri- Tances are, however, difficult to combine with the grand ad%'antag« of candles, namely, their great simplicity. But supposing thts diffi- culty lo be surmounted, glasses for regnlaiing the draught could not even then be used, for as soon as a ^lass of this Ictnd is applied, the flame gradually diminishes until it is completely extinguished, and this happens more quicWIy with wax and stearine than witJi tallow candles. The cause of this ia palpable; for, if the chimney is to have any effect at all, ^ of the flame at least roust enter it ; the draught will be very much increased round the flame, just as was the cbjk with tamps, and it will burn with greater brilliancy and steadiness for the first minute. But the current direrled against the base of the wick will, in the next minute, cool it and the adjacent parts so much, that the supply of fat will be stopped. The reservoir and lower part of the wick, instead of being filled with a store of melted fat, become empty and dry, the flame will shrink together and retreat lo the highest point of the wick into a position therefore which only increase* the evil. As soon as the glass chimney is removed, the flame again assumes il.s original size. The use of such a chimney would, there- fore, only be practicable with a supply of hot air. lliuminativg Power of Oils, — TTie power of lamps depends not only upon their ronstruclion, but also, of course, upon the nature of the material consumed in them. In northern countries this material is whale oil, train oil, and especially rape seed oil ; in the south, olive oil of inferior quality is used, to which may be added here and there the lluid fats obtained as a secondary prcxiuet In the manufacture of Stearine. The illuminating powers of these oil.i has not been 90 repeatedly and accurately examined, as the importance of the sabject merits, although the method to be pursued is simple and without many difliculties. It consi-sts in filling one and the same lamp, under simi- lar circumstances, with the different oils consecutively, the illuminat- ing powers of which are lo be tried ; all differences can in this case Only arise from the nature of the illuminating material. Dr. Ure used a Parker's lamp for his experiments, which are fa^^ no means very exact ; he found : ^| Qiianlll)! «l ll(hl, Conminptliiii in 1 boot in |{ruanic«. Whale oil . . 121 . . . 47.6 . Southeru fish oil . 32 . . . 50.5 . OUve oil . .90}. . . 63.2 . Oleine from the cocoa nut . 81 . . . 66.7 . . . 82.7J whence it appears, without taking the price into consideration, the preference must be given to whale oil. The high price of rape oil in unproductive seasons, gives rise to its being mixed with the cheajvpr linseed oil, in which adulterated state it IS frequently met with in commerce. Linseed oil, on account of the properly it possesses of thickening, cannot be used alone in lamps, and it comiaunicales the pernicious property to the mixture of Conturaptkin hi I hoar UUmuMt — ISO. . 39.5 . 59.0 . 54.4j «3M, « 4B0L9 1000 ■at 10 Ifce B«t A> F%. 19. ns s^ivi oa.Md«etMeaad wcawt if Ifcii ■■nnrr ° ji ■■■!■ nf jailril TTn~nT iiiiw iwi il. 1^, of CTwle oil niTD dravu, tod 1.6 grwMbesof cflU dnvn.' too graancs of the &rat vooU bare 50 bcmre. of the secoad ■sdof Ac Ian 63^. As loflgwt the qoutitT of light kuh^ ewalTcd is udkacnrn, it is inposable to fbnn an opiaioa nor icutiTB vwoes. BUmht^mf Fewer e^ Ivy*.— A pcffcctly wAam Ggte is m( be expected mm bunps, on acooanl of thnr OMntnietiokf and pi tfeoiarif oa acooant of the ictioo of the wick, tbr cha&gvs, bo>««m^ wUcb occur m the iotenatj of the U^t, air coafincd to much nnrer IbDits dian is the case vilh candles, «hnr s ronittani is occarring, whilst hfre there is only a mduat ilimtntttioa. diminutioa has already been stated as deduced from experinHFBt, Carcel*s lamp; generally speaking, a single obserratioD or the men knowledge of the mean intensity of light gires a very impeifect ideft of the anion of a lamp; good observations mu9l,Thervlbrr, take noUcti of the diminution in the brilliancy during a whole evrutng, ox during about six hours. With this object, Peclet, as well as Kamtarsch 198 tLinrilfATlSG POWHR OP LAMPS. The first table presents some remarkable facts with refereoce to | the (timinution of the intensity of light. Those lamps, in the bumera of which iho oil level gradually sinks, generally show the greatest diminulton, as in No. li. ; it is but very slight iu Ko. I., where it might naturBlty be expected that it wnulu be strongest. In the same^^ manner, it was anticipated that the light of the lamp No. III. wouli^^| show a less diniinulion, when, willi the same dimensions, the levet^^ of oil ill its burner is rendered constant by an annular reservoir, after the fashion of the inverted vessels in No. IV., and yet the table shows the contrary. It is evident that in both cases (No. I. and No, ^i III.) other influences preponderate, which are propitious to the uni-^| form brilliancy of the Hame. On the whale, the diminution of light^^ in six hours amounts to J, J, and even J of the original intensity; it is only imperceptible in Carcel's and Thi]orier'» lamps, and both these produce their light with the least consumpiion of oil, whilst the . lamp with a flat wick requires the largest quantity. ^M The irregularities and apparent contradictions in the action of^V lamps, can only be properly understood and explained by weighing the influence of difierent secondary causes. The whole art of con- stnicting lamps depends upon the single, but important condition of establishing a proper relation between the current of air, and the flow of oil simultaneously consumed. Although the mobility of the vricksand chimneys admits of a partial approach to this state of things, yet even the belter kind of lamps are still very far removed from it. The position of the wick, downwards, can never exceed a cerlain limit, for it must always project so far from the burner that, in a cer- tain time, as much oil shall enter into combustion, as is requiate to produce the amount of light necessary: a circumstance which indi- cates that it is preferable to adapt the draught to the position of the wick, rather than the reverse. The width and height of the glass place the draught quite under control ; yet, nevertheless, the quantity of air conducted to the flame in lamps Is, without exception, too great ; the flame has, consequentEy, to warm a portion of this air at the expense of its own temperature and intensity; and from this por- tion it can derive no advantage. This necessary evil is connected] with the material of the chimney, for glass is the only substance that can he used. From fear of fracture, which ia not always well-founded, the glasses arc seldom made suflficiently narrow — though undoubtedly they arc then exposed to a much higher temperature. The draught may likewise be lessened by contracting the mouth of the burner, through which it (the draught^ enters the chimney. When, according to Peclet, 100 grammes of oil produced an amount of light — lOOO, with a burner in which the space for the internal draught was 6.4 lines wide, this quantity was increased to 1014 when the draught aperture was 4.8 lines, to 109.3 when it wa.s 3.6 lines, and 1209 when only 2.4 lines in width. Too small draught apertures, on the 'contrary, give rise to too much friction, and require an increased 'power of current. The proposition for supplying the interna] and external draught apcrtiu'es with dampers which can be moved accord- 4 THE LITBftPOOL BVR^ER. 199 ing to circumslances, would certatDly be desirable, but bas never yet beeii put into practice. Holthouse found, tbat an excessive beigbt of cbimney, for example 3 feet lo } incb in width, caused ttie flame to Bicker, but that the greatest steadiness was obtained when, the width remaining the same, the height was 7 iocbes. The aim of recent improreroents bas been ilJrected to the breaking of the draught, and throwing it in upon the flame rather than to these points; a part of the .subject which bas aJready been touched upon ia speaking of the chimneys with shoulders, Fig. 29a. Amongst these improve- ments, which have, therefore, reference solely to the burner, and not 10 the other parts of the lamp, is an older one, forming the principle of the so-called Liverpool -lamp. lyie Liverpool Burner. — The original Argand burner g. Fig. 69, ia supplied with oil by the tube i. At its lower aperture a wire i is fastened, ^ 'i- ^■ which rises through the axis of the /^~~\/' t burner to a few lines above its upper maigia, where the projecting end is furnished with a screw. TTiis is in- tendeil to support a round copper plate a (in the shnpe of a button) of equal diameter with the wick. It is difficult, at first, to establish the pro- per relation of distance between a, and the margin of the burner, but it is easily found, experimentally, by screwing the plate backwards and bvwards. As the result of this ar- rangement, the internal draught is forced from its original perpendicular direction, and broken against the plate a, whence it is propelled at a sharp angle, nearly horizontally, against the » flame, which thus assumes a globular, instead of itsordinarycylindrical form, and (as is shown in the figure) is forced into contact with the external current. The form of the flame makes it necessary to have the peculiar bulging chimney c, and this is supported by the case e of the burner. Ccimplete combustion, together with intense brilliancy atkd whiteness, characterizes the flame; but there is nevertheless a certain want of uniformity, which, however, does not exist in the nature of the principle, and can be avoided by a proper regulation of »the draught. The lamps constructed by Benkler and Ruhl, in Wiesbaden, since the year 1840, depend entirely upon the same principle, causing the » draught to impinge at an angle upon the flame. The apparent novelty of the invention, the surprising brilliancy and peculiarity of the flame, ind partly, the solid and elegant workmansliip of (he lamps ihem- selvesr led the public, at least for a time, to confound these advan< 900 bexkleh's lakp. tages with the oiok essential ooe, namel}', tbe economical conmoip' tion of the oil, »rul created in a short time such an enorrnous dctoind for this laTcntion, that, at the end of the year 1841, Wiesbaden wit* nessed the growth of a manufactory' where, ia its prime, with aixtj worlcmen, 2,400 lamps were constructed monthly. Some histy ex- Fig. TO. nf. 71. Fig. 71. perimcnts, which were puhtished by the Phviiical Society of Krankfort-on- the-Mam, in favor of The invention, tended very much to augnient this over-estimation of its value, which the accurate observations and quiet reoon- sideratioQ of the last year have at length brought back to its pn^>eT limits. Fig. 70 is a sketch of the general plan of Benkler's burner. Fig. 71 is the ground plan ; and Fig. 73 repre- sents the upper distinct parla. The shoulder of the chimney is here formed at the junction of two pieces; a nar- rower glass b, above the flame, and a wider glass a, which is below it. Just at this junction is placed the most important part of the arrange- ment, which consists of a conical ascending brass ring d </, with an aperture of the same diameter as the wirJc. This flat open cone is immovably fixed to the upper glass b, by bending up its outer edge, f^g. 72. The connection of 6 with a is ejected by a so-called bayo> net joint. For this purpose, on the lower margin of the plate df there are two tongues t, and these correspond with two cuts in the ring c, with which the margin of a is encircled. When, therefore, d is so placed upon a that the tongues and cuts correspond, a simple turn of d is sufficient to bring the tongues under the ring c, and thus secure the whole. The apertures o o are made round a, to increase the draught fiom without. The principal addition, therefore, in Benkter's lamp, is a sudden contraction in the chimney, at a certain distance from the flame, the aperture being of the same diameter as tbe wick, and this is produced by the insertion of a metallic ring, or cone. a »C3rCLK»-S lASt?. coabii ^eltare of d, wWre a tmfid isn^ TWndw- mutt. ewMM the duip Migle, and u dnvcB ij^Hiir ne axis of tbe ftaae al « fixccs ^ fllaBe itadTialo tW iBBcr cwtcHt, «o Am Ml iKwifle MK- tee of air ti dfcctod vilfc iW |Modacto of iki— yiHaa ef dw ciL IW Sanw bewes unwnr. and tktn tuies as Im^, arfcen, bv ke«^ ing back all tbe air wbadi baa no part to the «— bwtw, aB<l bt pviag a pmper diivction lo thai vbicfa us, tbc h^gbest and wbitnt bnliaa^» aiidroRsidcnblFevolaiiettcfbcttlareanaiBcd. A pwfrfUy ^■biteWal is prodocnt ; Sbr, ia eoonqacBce of tbe wcU-ordeird cotnbasttDa, tbe sospeoded partides ef caibon are man iareaadj beatal tban io aaj other lamp. Notwitbatandiag the tDtca«tir of tb« bnt, tbe ditniDe)^ — tn oorToboratioD of vbal was stated abore — stand well. A rrrr short portion of tbe dame, thai vbicb produces the l^ast light » ts natonUIy sitaated belov the cone d., bat tbe loorer portioo — tbe essen* tiaily luminoas part, is above and throws a sbadow from ^downwards, which is perceptible ia stindiog and bangiog laraps, but is of no momeat in the determiDatioo of tbe intensity of light, as it only occurs io the dir?ciion of tbe edges of d. As the cone <f has no other object tban that of producing a sudden contraction, cbiianevs ane now made in one piece with an inwaid bend io tbe proper place, something like the one represented in Fig. 33. The 6rst inaccurate experimeots of the Frankfort Physical Society stated tbe itlutuinuling power of lampSt with Bfnkler's cone, to be twice that of l«mi)s with- out il. Karmarsch and ileeren, bowerer, settled the matter by name- iDOS and very carefully conducted observations, in which tbey look care to aflbrd the lamps, — which, without the appendage <f, were con- verled into common Argand's lamps, — every condition necessary for complete combustion. In this manner, 3 lamps, amongst otnera, were tried, of which No. I. had a breadth of burner =» J inch. No. II. w j\ inch] and No. Ill = {t inch. The results were as follon's: faMBoaiqr of lifht. CcioranlMkn. OansuRipiion R>t nit inim«iiy of light )■ 1 tsltcnr niMlte. » With Wiihoai With Without With Wliboin Com. Cone. CCMM, No. I. — U. , — la 13M 393 739 334 US 10,50 B.M 0.75 12.63 5.37 3.17 100.U 100.0 loao M.0 1U3.B 1)0.0 ■ Two quite similar lamps, with inverted reservoir nnd I inch width of burner, showed an intensity of light, without the cone, ■■ 1000, and tbe consumption w»s <=> 14.56; whilst with the cone, the intens- ity was n 1334, and the consumption 19.5; whence the relntion of illuminating power is as : -' ■ a 68.4 : 6S.7. The examples ^ * 14.56 19.5 ^ quoted, as well as the other numerous results of (he above observers/ 202 BBNKLER'S LAMP. prove, bfjond a iloubt, that virh wider bnmere (abore \ mdi), in Benkler's lamps, the production of an equal amount of light is attended by rta targe a corresponding consumption of oil as is the case in well arranged ordinary Argand lamps; with narrower viclcs, it appears, however, that they are somewhat more economical. But in all cases, the intensity of the tight, with Benklrr's appendage, was considerably (somelinies doubly) greater than in lamps without it; but the con- sumption is then nearly in the same ratio, h* that there results but little difference in the illuminating power. Benkler's lamps are ex- cellent for producing a very white light, quite equal to the best gas light (hence called gas lamps), and on account of the steadiness of the llaioe, which is quite unaffected by draughts of air in the vicinity, or by Ihe motion in carrying, &c. The narrow burners are also pre- ferable on account of the light they evolve being perfectly uniform during 4 or more hours, whilst wider burners shew a rapid dimi- nution and olten begin to smoke, if no subsequent regulation is eSected by means of the wick. A lamp with a wick ^^ of an inch in diameter, with a dat oil vessel, and no inverted reservoir, gave at first an intensity oF light = 185, in an hour = 240, in another hour a 268, and after a third hour, still » 'i3b. The intensity of another lamp, on the contrary, the wick of which was } of an inch in diameter, dimin- uhed from 748 and 869 in the 6rst and second hour, to 634 and In localities where several of Benkler's lamps are tani-ously, in the form of a chandelier orolherwiNe, as in large rooms, 603^ workshops, &c., the evolution of heat from the lamps raises the tem- perature very perceptibly. A middle-sized lamp, the chimney of which is 1 foot high, with a contraction 0.6 of an inch in width, im- mediately inetts a bar of zinc held over it. The temperature at that ipot cannot, therefore, Be less than 360° C, (680*^ V.) according to which 1 .5 cubic feet of air (at 360^ C.) must pass through the cylinder in one minute, and this is very much less than the quantity which actually passes. Another very advantageous peculiarity of Benkler^s lamp, is, that we are enabled to bum more oil in the same time with the same wick, 1. e., the wick actually concerned iu the combustion is much higher. For producing an equal intensity of light, therefore, Benkler's lamp.s may be of smaller dimensions, and ar* consequently less costly. On the other hand, the carbonization of the wick is so considerable, that massive wicks must never be used. Lastly, it must be stated, that train oil and unclarified oil, contrary to the assertions of the inventor, cannot be used in these lamps without inconvenience and depositioB of carbon on the wick any more than in other lamps. W"hen it is recollected, that the wick and the cone d are of the same diameter in Benkler's lamp, it becomes obvious that, by raising the former, more oil must be brought into the sphere of combustion, but that, at the same time, the external draught is diminidied, andH in proportion as the distance of d from the wick is lessened. In th^f highest position, when the outer draught entirely ceases, the dispro- lurliou and the great cooling influence exerted by the ring upon the fiK.XKtKA'S LAMP. S03 sutatnit of the wick give rise to a singular phenomenon. The still- existing ioterna] current of air is only just Kuffieient 1o keep up the blue weak dame below the ring, whilst the iliime above is extinguish- ed, and its place occupied by a smoking current (^ gas, which can be re-igniled at the apex by a candle, where it again comes in contact with the external air. This slightly luminous point flickers orcr the current of inviKible gas proceediog from above (he ring, whilst below il assumes the form of narrow flames. The proof afforded, by practire and experiment, of the same amount of light being evolved from equal quantities of oil to Beokter's lamps aa in those of ordinary construction, appears strikingly opposed to the great luminosity and beauty of their name. A great many of those improvements, also, the inject of which was a greater intensity of the flame, have failed in consequence of this palpable contradiction. For the advanlave of the increase of light, (produced by means simitar to those in BenKler's lamp,) when carried beyond a certain point, is re- moved or counterbalanced by an evil which arises at the same time. This consista in the diminution of the nze of the flame, consequently the diminution of the surface radiating light. In an ordinary lamp, this surface is extensive and but slightly luminous, whilst, in neuk- ler's,it issmall and more powerfully luminous in proportion.* Hence it is evident how, in the extension of the flame, the Liverpool lamp ia saperior to Benkler's, in which the reverse is the case, t. «. it is con- tracted. For the same reason, taller glasses, t. r. such as cause a greater draught, cease to be of greater advantage, because they diminish the size of the flame as much as thi-y inrrea.se its brilliancy. Among the general circumstances influencing the action of lamps, the position of the wick is also of importance, because the consump- tion of oil does not increase in propotiion to the size of the tlame, and the latter is immediately dependent upon the position of the wick. According to Peclet, the quantity of light produced by equal quanti- ties of oil was In R tamp wilh a. Oat wtek. Id ihv bjrdrovUUic Iwnp. In tbf Kioabn* lAnip With i»- iFtmitting hiT«l. Al ihv grmlr*! briltbl ot the flmme vldKini iu KUokiBS . . . ■ At ■meiliumttdcbt Al iu l«**i (liilo This maximum of flame is not advisable for use, because the least thing causes the flame to smoke and flicker, and there is too much charring of the wick. The explanation of the better action of larger TIm Aauii «f iho Ibrm^t it tomvwliU orluxtricBl, itwi of Uib \*Km amwljr ooiuoaL •Rf Owl m ontinnrr Dame. I jtiob ia diuneter, uid I.A inch in height, ft«vo m tk lishl M ona of Brnklac'a, U.& in diAcruiler, aiul 3 timet Iha beixtit, lh« omm* ■fonding ■utftpw wmM bo in the proportion orabLui \9 lo 10. !■ luldiiiun lu itii>, ili« )mp*rilr«t tnM^tMtrf pcatliar Ki each tlan»«, inctouei in Benkler'i with ilw diminu- ■iaa iA nxe, Tltu*, in iIm IbUot, mora of the Ugtil &am tfaa ptntehor half U wpprtiMftI \rr iha MMrior pvt tlau io oidibnrr damn. ao4 ILLUHINJITINC POWER OP GASES. in flames, moreover, depends upon the cxislcnce of a more correct pro* portion between the supply of air and of oil. Much also depends upon the width of the annular space in llie burner for the wiclt. Where the spaces for the oil are very large, or the oil is contained in open vessels, the wicks become charred down to the surface of the oil, and finally remain in the flame like the suufTof an unsnuffol can< die, whilst in narrow burners, a white uncharred ring always remains abort' the margin, but the iotensity of the light of the dame soon diminishes. We endeavor lo combine the advantages of both by pre- serving this space wide, except at the distance of a line from the aai gin, where it is made narrow. illuminating Power of Gases. — The inconTcnience arising from gas-burners not being portable, is grealtv compensated by the decided advantages of great clieapiiess in the illuininating material, and the constancy and orilliaticy of the light. In fact, in gas illuminalioD, the object to which the numerous improvements in the burners of lamps and their supply of oil are directed is already attained. Th« wiclc, with all the imperfections and deficiencies attendant upon it, is entirely dispensed with, as also the diflicutty of regulating the sup- ply of illurainating matter is reduced to the simple taslcof maintaining a constant pressure. Whilst with candles and lamps, the simultane* ous production and combustion of the gas are in a cnndilinn of mu* ^j tually conilicting dependency, the combustion of illuminating g»!»^| when passing freely ttirough the apertures, is conducted in such a^^ manner as to attain the greatest perfection. To determine the illu- minating power of gas, apparatus (as the gas-meter described at p. 182, which was used in the following eicperimrnt.';) for mea.*iuring the amount of gas consumed is employed. According to Brande, to pro- duce the light of 10 wax candles, 2.7 cubic feet of olefiant gas, 5.1 cubic feet of oil-ga.% and 13.75 cubic feet of coal-gas are requisite per hour; bence the illuminating power of oil-gas is 2.6 times greatei than that of cnal-gas, but only half that of oleliant gas. From an- other determination, 5.85 cnbin feet of coal-gas and 1.9 of oil-gas per hour yield as much light as a Carcel's lamp, which consuioeii 42 grammes of oil, and gives 3.6 instead of 2.7 times the illuminating power of oil-gas, a difference which does not depend upon erroneous observation, but as shown by Christison and Turner, upon the different nature of the gases themselves. By their observations, they were led, with regard to the density, to the following results. Specific iimviljr * Relation ot illuniinating pow*ir or caBl-fK&. — Of oil-gu. or ocal-eu. : or oil-g>». 0.578 o.mi w 0.407 i 0.429 ^ O.0OB — 0.SI8 0.910 1.1 10 0.94U 0.965 1.175 100 100 lOO 100 lOO 100 '. 140 225 : aso 364 ^J US M 310 ^" 0.S29 — 0.980 ItW 872 avei^p. nxrwiximc potzb or kasmm. AiumMag to ■ nfort Bade \j Hnfler to tke Britiah p«rfim«t, tbp illumioadig fif of caalfH, ia tvelre poti|mI tBstriets of EogUna, WMols to Wtvn 4.4QB Md 1.645 6aea AM aTb ttShm candle (6 to the pMMi), b«t anfiurily ftbe«i rvo or ^rt* liars, vbea the eoaMB|«iH nrits A«a 2.3 lo 1.5 cabic feet (per faiwr)» ud the ^eciie gnnty fion (LS8 to 0.412. The coniaoa pcke of 100 cubic t. il 7A (— $1.50 ^ 1000), a awe nUeei Mt ^aite 6tf. (>E $1.90 per 1000): io Lopzic this qautity or gat eoMs i^l«r more iSan 6^. (1840). Tbr tvo-64d greater QhuiunAtiDg power of oO-gBs presents great adraat^es ; far less extenziTe appanlus, gtao- meten, iui^ ue leiiahed ; hewe leaa capital is necessiffT' for tbf pro- dsetioo of aa Mpial npptf of 1!^. VfiA tbe aaae bomer aad gas, tbe amoQDt of Kgbt depends apoa die heigbt of the flantp^ vbich praeticallT, At unman hnng oeartj constaat, is regulated br the poeitioQ of the cock; or in &ct by rary- iog the aise of the aperlnre in ibe burner. Acoordinr to Cbrisiiaon and Turner, the adraotage locreues with the bei^t of the flame, bi^ to a limited extern onlj, and for a simple jet ia tbe foUoviag praportioo: UtrnwHr of Am tk^ Owlfa. ua-^M. fatten lalMMjrof Gmooa- Introaijr flf Qmtm. Cbal^A. OH 91. A* U^L tuned. tb» UcbL ■"* _ 100 _ _ n.o a&i IDO 133 550 1 AOJ M.7 1S.3 109 1» 100.0 101.4 M.a 900 131 181 ISO J) IMJ 14 LO MB.0 ISO IM 1W.8 US.7 ITiO 133,0 190 ^~ 3*1.4 m.2 ^. "- Thus the point at which further advantage ceases to result on raising Ihe flame of oit-gas is 4 inches, whilst for coal-gas it is 5 inches, which in general requires the flames to be higher. The con- sumption of gas and the intensity of the light increase together, but tbe latter in the g^reatcst propoition up to these points. This occurs to a still greater extent with Argand's burners, for which, with the same consumption of gas, these observers found the intensity of the light to be 100 283 560 582 582 504 «t a height of ( 1 2 3 4 5 inches. According to Fyfe's experiments upon different burners, in which he probably used a better Icind of coal-gas, the increase is as follows: Willi 74 spenum of ^^ of MB inch, tbo (luuneier of (h9 perfbrniod rins being t . J I or Bn iiK-b . . . . — 100 131.8 — 1»8.S — 938.8 83M lr|«nd-/ y,-.jf| ^^ ap^fuirw of ^ of tuirw-f. ^ ^^ .jj^,,^ jjj^ ^^^ ^j^jj II uf on incb in ilianio> tn 100 tM.6 — 1T6.3 — 194.8 — 949.3 Height in inohM ... I 1.3 1.73 S 9.3 2.7a S S.& S06 AMERICArV E\PERIUe^TS ON ILLtJMINATlOif. With a bat's wing he found the intensity of the light in the highest position of the flame to be 117, nt a medium boi^^ht 1D5, at its lowest' point, with the same consumption, 100. Lastly, his experiments gire' a view of the intensity of the light proiiuced by the same quantity of gas in different burners, when separately compared at the mast ad- Tantageous height of the flame. Simple Bat'a-wiDg. Fish'lul burn«i. A rgmiul-) wmrn, BumcTB. With 34 Wiih4a Stnall. Large. (toudir of lixhi tiom the mme amonui af giu . 100 139 164 138 183.9 l9tJ3 According to the observations of Hedley already quoted, which were made in the gas>worIcs at Sheffield, the intensity of the light of a simple 4 inch jet is to that of a 3.5 inch Argand 6ame (from 14 apertures) as 1 : 4.4 to 4.8, the amounts consumwlbeing as 1 : 3 cubic feet, which corresponds to a greater amount of light from the Argand burner, by from 1.47 to 1.6 for the same ^iianiUy of gas. Crom the g^neral report of the same engineer upon the principal gas-works in iigland, it is found (in the case of coal-gas) the average specific gravity being 0.476, that a simple jet, 4 inches in height, ctmsumes on an average 1 cubic foot (English) per hour. [^'Jmerican Kxperiments on Uiuminatxon. — A number of compari- sons have at different times been made in Philadelphia and its vict- nily to ascertain the relatire values of several materials employed in this country for purposes of illumination : some of these, such as lard, rosin, and camphine, or oilier similar compounds, being produced in great quantities, both for home consumption and for exportation, some account of the results may very pmperly follow what has already been shown by European inquirers. The materials operated on here have been coal gas, rosin gas, sperm ott, lard oil, crude lard, Dyott's pine oil, Greenough's chemical oil, Carr and Gould's camphine, and the trials bare been made on several varieties of burners and lamps. Some of the results are contained in the following statements, 1. Comparison between the Carcel lamp, the solar lamp ofCorneliuSi the camphine lamps of Carr, Dyott, and Gould, and an Argand gas burner. These comparisons were made by a sub-committee from the Committee of Science and Arts of the Franklin Institute, and appear in its journal for Febraary, l843. "The Carcel lamps were of four different sizes, Nos. 1 and 3 were burned with fall strained oil, at 90 cents per gallon ; Nos. 2 and 4 with winter strained oil, at $1 per gallon. "The solar lamp, No. 2, and the somt<solar, with winter strained; No. 1 with fall strained oil. AMKftiCA5 cxrcunmrn on iLLtmnrATJoy. SOT **T1» fcUowiug table gives tht resoh oS tfanc expenmenU; the tmafttn*^^* rtiat bring esdmated as the jntensitT dirided bj the O' pease, or the relative quaotitT d U^t far the sane expcaae. *■ Table^ showing the relstirc inleasitirs, the quantity cooxDmed, Ike duntkn of experimeoi* the oast of iDateriaJ, the expense per hour, and the eoonoaucal valae of diflerent lights. Gmu Hi^ J7Dr« •* The consumption and expense in this table were delermia«d by an indepeiuJeDt experiment. The solar lamp, ^o. 1, was iulroduced irom aAer experimenis. ** The following experiments were instituted by the ccHumittee to detennine the comparative values of sperm and lanl oil, as burned in the Carcel tamp, which, from its coostruction, requires a better oil for its satisfactory exhibition than ordinary lamps. •' The experiments were conducted in two similar Carcel lamps, and were continued, the first during eight, the second for niue hours. " The lamp which was used in the Itrst experiment for the sperm, was. in the second, used for the lard oil, and met versd. " Experiment I. — The oils used were lard oil, at 80 cents per gaK loDi and fall pressed sperm oil, at 90 cents per gallon. The exptr< riment lasted eight hours, and the intensity was examiued every half hour. Spcnn oil Lanl oil nil. 40 in. .n aoclwniir unul 3 o'clock. 3li. O&m. Sb. 30m, AS «h. 6h. 30 m Al Tb. Arciair. ■ An nf^vr piprriinenr wiili lliia lump (IrmoiiiiniiPil v> t)if mi*rtMl!nn t^f iIm ram* miner, tlioi it* \tn rconctnical value wn« owinit lo ii* hciny ii*nl wiih loo lii|th n «liiin- iiry. When Uii^J will) a lieUct cliimnrjr, ii |;Dre llic wmr rrcull, ■• lo «« <pruinilr«l vnliir*, vritb No- 3. 208 AMERICAN EXPEftlMElNTfl OH ILLUMIKATION. "Oil consumnl, sperm 13.7602 oz.; lard oil, 12.& oz.; 7.2727 t 4,9253 = 1 ; 0,6772. ** ExperimetU 2. — The lamps were reversed; that is, after being emptied and carefully draitied, the one which had been used vrilb sperm oil was filled with lard oil, and rice versA. Uh. 4 h. 5b. h. m. & 30 6h. h. m. 6 30 7h. b. m. 7 30 8h. At«- l»JJO. Arenite orboitt. 8percn oil Lanloil 1. M 1. 1.81 1. 1.5 1. .B3 1. I. 1. .88 1. M 1. .62 1. J5 1. 1.09 1. .66 *' Duration of the experiment, nine hours. Oil consumed, sperm 13.5 oz.; lard. 14.5 oz.*' From the above two experiments, the following results are de- duced, .63 100 13,75 100 12.50 1.09 ^ 7,2727 : 4,9253 = 1 : 0,6772 7,4077 : 7,517 » 1 : 1,014, I 13,5 14,5 or the relative values of equal weights are on nn average 100 to 84J, *' After the coaclusion of the experiment, the lamp containing the sperm oil was eompareil with the gas slandanl, and gave the fofloir- ing comparative inteiisity^gas 1., Carcel 1.2; and as it was th« lamp marked No. 2, in the Table, it demonstnites (he admirable steadiness of these lamps, when burned during considerable periods of time. " The irregularity and diminution of light shown by the lard oil, and its consequent less economical value, was owing to the fact of the formation of a long and hard crust upon the wicK, which finally reduced the light .so far a.s to induce (he coramtltee to close the expe- riment. But Turlher experiments, with lamps of other constructions, would be necessary to enable us to decide upon the general question of the comparative values of lard and sperm oil, as burned in such. " In consequence of the representation mad'e to the committee that the solar lamp heretofore used in their experiments, (marked No. 2, in the Table,) was not a fair average specimen of that kind of lamp, two new series of experiments were undertaken with a lamp selected hy the makers, and in the presence of those interested in both lamps. Tht following were the results. *' Experimenl 1. — Oil furnished by the makers of the solar lamp. Ih. h.m, 1 31) 1. 1. Sb. h.m. 3 30 3h. km. 3 30 4 b. h.m. 4 30 Sb. 3 -M e h. b.in. 6 3U At*- Carcel tamp iubi Itunp 1. .85 1. 1. 1. 1. I. 1.1 1. i:» 1. 1^ 1. I.I 1. 1.1 1. .89 1. .975 1. 1,1 1. i.oa OREENOUGH'S PATENT CBEUtCAL OIL LAMP. 209 **It vns evident, from the irregular behavior of Hit Carcel lamp, that the oil was not favorable lo lis use. " Kiperinuni 2. — The same lamps were used, with oil fiiroisbed bjr ibe agent for the Carcel lamp. 19 h. II » 1. £7 th. h. m. I 90 lb. b. n. 1 W 3 b. h.in. 330 4 b. (30 Sh «li. Aie- Avenc« tifflcnw. VumI 1. Solar .aOT 1. 1. 1. i- L 1. M 1- J7S 1. vn 1. I. 1. I. M 1. JTT 1. 2. Grtmough't PaJent Chemical OU, (Jos, and ^aem OU.^ In 1841, B comparison was made at the Franklin Institute between in A^nd gas burner three<fourths of an inch diameter with 18 Jeta, and Greenougb's cJiemical oil lamp, of which the following is a description.* ** The lamp consists of an inverted beU*shaped reservoir, through the centre of which passes a tube, open at both ends, the upper end of which is about one aud a half inches above the reservoir, while the lower extremity has a free access to air, as in the ordinary Argaod lamp. " This lube, of course, passes air-tight through the reservoir. Con- centric withihis, and surrounding it, is another metallic tube, starling about onosixieenth of an inch below the upper edge of the wick, sod passing down nearly to the bottom of the reserrotr, where it ler> minates. Into the space between these two tubes, the wick, itself secured upon another tube, passes, and rises about three-fourtbs of an inch above the upper edge of the inner air-tube. In consequence of this arrangement of the wick, the lamp, when filled, may be in- veiled, or even rolled over the floor, without losing any of its contents. **The top of the reservoir is made flat, and upon it rests a slightly conical tube, a little more than two inches in height, expanded below into a flat zone, around the circumference of which apertures are pro- nded for the introduction of the air, which is delivered at the upper end of the tube, around the outer circumference of the flame. Along the axis of the inner air<tube passes a metallic stem, which carries, at its upper extremity, a button, or reverberator, of a diameter rather lu^r than that of the tube upon which the wick is secured. This button may be raised or lowered at pleasure, by means of the stem, and by it the height of tlie frame is regulated, and perfect combustion insured. The glass chimney is about one foot in height, swelling itigfatly at the part opposite the flame, and thence gently tapering to Its upper extremity. "ny means of the contrivances thus described, a constant and Mcady access of air is secured to the flame, while the effect of any ilnught, or sudden current, is in a great measure counteracted. The luDp thus bums steadily, and without any apparent Bickering irre- gularity." * Sm JoumI ATiAitFranUiii loMitute, JHnuBrjr, IMS, vol, Ui. p. 90, New Seds^ SIO CORItCLirS* LABD LAMP. A comparisoD wttb an ArffaDtl gas burner, consuming 4.5 cubic fetrt of ^&s ptT hour, while the Grueoough^s lamp consumed 2 of " pint of the chemical oil, resulleJ in showing the inlensilies to be as 702.21 for gas, and HiJ2,25ror the cbeiuical oit. At SI per gallon for chemicaioU, and $3 50 per thousand fet-i for gas (the price then paid), Ihe cost of the former was 0.9 of a cent, and of the latter 1 .575 cents, per hour. Now 70^.25 : 1482.25 : : 1 : 2.11, which shows that 2.11 times as much light was given by 0.9 cent's worth of the chemical oil, as by 1.57u cenls^ worth of gas; consequently, for equal quantities of light, the cost will be for chemical oil 1, and for gas 2.11 x ' m 3.693. At $2.50 per 1000 feet for gas, it will be as 1 to 2.617. f The result proves that the gas then ustd ought, in order to be on a level in point of cost with tne chemical oil, lo have been sold at — -■- ■> 94.8 cents per 1000 cubic feet. At the same time a com 3,692 ^ parison was made between the Argand chemical lamp of Greenougfa and "a remarkably fine Argand lamp with an adjustable chimney, by means of which the draught nf air could be regulated lo every height of wick." This lamp, burning sperm oil, gave an intensity as compared with the chemical tamp as 1 to 2.26. The lamp of Greenough is adaptoil to burn any of the campbine class of burning fluids. A comparison between Two lamps of the same nallern, one burning Greenough's ** chemical oil," and the other Dyott's pine oit, showed the intensities from the former to be | greate^f than from the latter. ^" Contftius' Lard Lamp. — This tamp does not differ widely from some of the forms of Argand oil lamps, which have adopted the so- called Kotar principle in the burner. Litce all Argand burners, it has an interior and an exterior current of air, and besides the contracted ring over the /lame, has a tube attached to the same going down a consi- derable distance into the lard destined to keep it fluid, and at a high temperature. The accompanying figure represents, in section, one of the ordi- nary forms of table lamps on Cornelius* plan. .■■1 is the body of the lamp containing the lard, R is a receptacle for any waste which may find its way through the central tube (. The air lo supply the central lube finds admission through a ring of holes oo in the shoulder of it. Outside of / f comes the wick bearer n n, the upper part of which has the thread of a screw cut to receive the lower end of the wick instead of depending, as in most Argand lamps, on the adhesion of the web to the brass, or on projecting points in the bearer. A spii^l groove passes around t, serving lo elevate and depress the wick as in ordi- nary Ar^nd burners. FF is a frame composed of a tube f e with a ring encircling its lower part, from which proceed upwards xeveral strong wires A A to a ring of metal b, at the top of which are the two screws ««, which confine the basis of the chimney C*. The ring b rests on a depressed flanch^^of the body of the tampon which it can 2rt OIL, R(UIK-GAS, AND CHUDE LARD. C, kept in place by the ring r r which comes over the outward flanch of glass and is screwed upon c c by a thread cut on the outside. The air passing to the outside of Ihe wick enlers a circle of holes as scun at a « llirough thi- lower edge of the solar cap cc. The circle of meial c c is called the deflector, and must be alwayii abore the level of the top of the wick. The wicks used in this lamp are about twice as thick as those of ordinary Argand oil lamps, and should be trimmed to about one-eighth of an inch above the burner- tube. The shades of these lamps are either glass globes, roughened by grinding on the inside, or truncated cones of paper, resting on light wire frames at a suitable distance above the body of the lamp. The latter is preferable for reading, and the former for the general illumi- nation of apartments. 3. Oil, Roiin-Gas, and Crude Lard. — In December, 1844, the editor was associated with Messrs. J. C. Cresson and G. W. Smith in an examination and comparison, on behalf of the U. S. Trea* sury Department, of ro^n-gas and oil, as materials for furnishing light to the light bouses ; and on that occasion a solar lard lamp of the kind above figured was employed as a standard. The report of this investigation will be found at length in Senate Document No. 166, Twenty-eighth Congress, 2d Session. The experiments showed that one of Cornelius' solar iatd lamps, burning at the rate of 0.13l>6 of a pound of crude lard per hour, produced a quantity of tight repre- sented by 1,448; — that one of Coston's solar Argand gaa burnerSf consuming 2.707 cubic feet = 0.1046 of a pound, avoirdupois, of rosin-gas per hour of sp. gr. 0.8093, or 43 per cent, superior in density to coal gas, gave a quantity of light represented by I, while one of the Argand oil lamps of the kind commonly used in (he light- houses of the United States, burned per hour 0.069943 of a pound of sperm oil, (§ summer and J winter strained,) and gave a quantity of light represented by 0.4973. These data afford the inuans of computing the relative quantities of light from equal weights of materials. 1.448 1. 0 4973 Thus: 1068 956 OIL 711. 0.13B6 0.1046 0.069943 The two following tables are computed from the data furnished by the experiments, in which 70 lbs. uf rosin produced 486 cubic feet of gas, and from the ascertained cost of the several materials at the time of making the experiments. In computing Ihe cost of gas and other materials for a given esta- blishment, as a single light-house, it is necessary to take into account not only the maieriais out of which gas is luade, but also Ihe interest on the cost nf gas »ppamtus, the annual re]i»irs of apparatus, renewal of retorts, &c., together with the fuel for heating the retorts. Admit- ting a gas apparatus for a light-house to cost $1500, the interest on its cost will be 24.6 cents per day, — the annual repairs of building at $100 per annum will cost 27.5 cents per day; other repairs, as re- torts, grate bars, soapstooe, &.C., 17.81 cts. per day. Rosm and heat* OIL, R081H-GAS, AND CRUDE LARD, 313 ing noaterials on the western waters were computed to cost 25.22 cts. per day* and on the Atlantic 18.66 cts. Hence, the total cost of gas per night on the Atlantic comes to 88.57, and on the western waters to 95.03 cts. The calculations are based on a consumption of 162.4 cubic feet of gas per night of 12 hours. "For a given amount of light on the Atlantic and Golf of Mexico, the following comparative table of the expenses of the several mate- rials has been computed. Lard being 5.8 cents per lb., oil 91.6 ceota per gallon, rosin 65.8 cents per barrel, of 300 lbs. Ill a ! I 8 mm g Z ■= -§ g E $: 3A6 5iOO 10.01 3'J.4U 86.57 101.99 1 IS.01:* 343.3 B 373.H 31 .U 86.8 100. S31.G4:i 86.348 " The last column is computed from the number of lamps actually ID use in the light-house establishment in 1842. '* At the Cincinnati prices of $1 25 per gallon, the oil, per night, would amount to l.H3x 125«139.12 ceots; while, at 4.75 cenU per pound, the lard would cost 5.602x4.75sb26.61 rents per night. " Table of the cost of light from lard, gas, and oil, at Cincinnati prices. Lard 4.75 cents per lb., oil $1 25 per gallon, rosin $1 50 per barrel. K O ». I L 11 R(Mio>giu 3.4S IOjOI «6.01 W.03 130.13 97.13 340.83 iK>7.7tf 19.13 «8.31 100.00 ^2&.Bia VLiM 135.493 931JH3 WA9i 99.393 "Hence it appears that at Cincinnati prices of rosin and oil, the relative cost of gas light and oil light is greatly more in favor of the former than on theAtUntic border."] The superiority of the flat flames over the simple (round) ones, ex- plains an observation which has been made with regard to the Ai^;aiid burners. When the apertures in it are placed so far apart as to form a circle of di.slinct jct.s, the effect is I weaker (with the same current of gas) than when the jets (of | to |^ inches) unite into a single flat It must also be remarked, that the action of glass-chimneys upon gas Aaffles, to which they are not so requisite, is quite difleniDt from 314 COHPARATIVB VAIUC OF METHODS OP ILLUHIKATION. that exerted upon the tlame of the wick of a lamp. Kor the mass of (he jet of gas, as it leaves the burner, is in far more correct relation to the air, which at the ^ame time has free access hy reason of the hot current, than occurs with the gaa produced at the burning margin of the wick. Gas has little tendency to smoke; Areand wick flames never bum without smoke unless a chimney is iisen ; the latter require a strong draught; with the former, the glasses serve rather to steady the flame than 10 ensure its perfect combustion. Hence they are always made shorter than the glasses of oil-lamps. When increased to a certain extent, which is soon attained, the draught of air begins to coo] the base of the flame, and consequently to mix with the gas. A diminu- tion of the light is thus produced, which depends upon the combus- tion of too much carbon simultHneously with the hydrogen; hence but little is momentarily separated in the flame. A striking proof of this is yielded by the well-known experiment in which a closed tube of wire-gauze (through which a flame will not ignite) is adapted to a gas-burner by means of a suitable mouth-piece. The same current, which without the case of wire-gauze yields a perfect flame, becomes intimately mixed with air in the interior of the case, and on its exit burns with a pale blue light, because the separation of carbon in the flamf has then completely ceased. This phenomenon gives an impor- tant hint on the general management of the draught m illumination. It is seen in the same way when (he gas is allowed to escape with too great velocity. If this velocity exceeds the proper limits, the Same is extinguished by being cooled too much; when urged to a certain point, the current will not ignite for a distance of several lines from the aperture, but then burns, with a pale Same, because during this time the gas has become mixed with air. Busson and Rouen have recently, with great ingenuity, converted the cause of this evil into the principle of a new system of illumina- tion with the oil of turpentine, oil of bituminous marl, coal-tar oil, oil of rosin-gas, &c. ; in short, with such oils as appear from their com- position to be fluid, volatile hydrocarbons. When speaking of Luder»- dorff's lamp, it was shown how, on account of the great amount of carbon which these oils contain, they were best burned when mixed with alcohol, 5ince, alone, they yield an extremely smoky tlame. The two inventors, therefore, allow the nits to escape to the form of a jet of vapor, under a pressure varying, according to circumstances, of from 4 to 24 lines (mercury), by which means the above pbeoomenoa is produced, and by the admixture of air the excess of carbon is re- moved, but without injury lo the order of combustion. In this man- ner brilliant flames, free from soot, an- produced. Comparuon of the Various Methods (if Ul\imination with each other. — In the preceding remarks, we have laid down the particulars requisite forjudging of the value of the various methods of illumina- tion and their practical details. But the tnie value is not clearly seen until in its determinaiion the cost is compared with the etTecl. In the following iJcetch (by Peclftj, the value expended each time is deter- COHP&ft&TITX TU.VE OF METHODS OP ILLCMIN ATIOH. Sll Dinrd !— the price, fiv eximple, of • {ust of o3 (0.9 lb.) b«tog fixed at Bboat bd,;of\ lb. of UUow euMlfei at 7^., wax c«ndl» at 2i. fd^^ stesrine caodles aX If. Ad.; a pint of iUuminating spirit (0.8 lb.) 8d. ; of 100 cubtf feel of coal-gas at Id. ; and lasdj, of 100 cubic feet of oil-gas at 2«. 3d. Of coarse the price depends upon the locajitjr, conaeqaentl}* the value of the meaos of illamination is ditfereal at ea^ place. Heaiuor iUvmiMiioa. c ■ . ft 11 Talknr «mMlle«, 6 w lb. Wm - « " SiMtiBa - i * Ealwnlawp - Laenp vM AM viek . AttnMKnp Si])ainbt»4iun|> . Lunp wlrti ioTeilDd iinwrfnu CaiMl'ft-lMnp . Tapof^unp Cbil-9> . • ■ Oil-cu 1066 i&.ao •J 8.99 &0 12.30 11 J) 31j00 S4.7 sun S7.I 0OjOO 43j0 4iJ0O 17.36 lOOJOO 43.0 130.70 lSl.0 C. F. 137j00 S70 137-00 2.43 54.04 61.67 66.58 33.60 47.50 48.70 63j0 87.6 109:2 10U.0 36 J3 1.3 5 3:1 yi^ ij pvi 100 c. p. 7i> laa aiaa 0461 0J)83 0.1 u OJIU ossa 0446 o.n» tX43A a.oi3 0.560 0.090 1.169 XI5S tJ0a6 t94« 0.918 0.803 0.667 a496 a39« 0435 ixn 0J«? Hiufl illumiDation with wax lights is the roost expensive; then come stearioe candles and the rapof lamp, which are also very ex> pensive, as is well known. However, there are certainly few rases in which the opinion of the piiblir and the scientific estimation of the vaiae diifer so materially from each other, as is the case with regafd to the means of illuminalioo in general, occasional deceptions, sitch ■ as occur in Benkler's lamp, not being taken into consideration. Thus, a glance at the last column shows that the kinds of illuminn- lion, which, on account of their supposed cheapness, are partly used by the wealthy, and exclusively by the poor, are th« very ones which, for the production of a certain degree of brilliancy, are of the greatest expense, provided we exclude articles of luxury, as wax, &c. A given amount of light yielded by tallow candles costs from | to twice (accortiing to the price), by the kitchen lamp nearly 3 times, and by the lamp with the flat wick, more than twice as much as when ob> tained from Carccl's lamp. Moreover, we not unfrequentjy hear good lamps confounded under the trivial name of great oil-consumers, with such as evidently consume to less advantage. The foundations of these views are more than mere errors, and are derived from diflerent sources. First of all, we must take into conaidcmlion the cost of the I 216 COMPARATIVE VALUB OP METHODS OF ILLCMIKATIOIf. means of illumination, independent of the expense of the material used to yield the light, because this is greatest in the better kinds of limps, &c., but small in candles, the kitchen lamp, &c. llius the poor are fretjueotly subjected to a loss, which although each time exccedinety small, hy its daily recurrence, in the end amounts to a Considerable sum, — merely because they are unable to procure or lay out, at onre, the sum required for good lampB. Another reason is, that lamps (especially thp bettor kinds) cannot he made in every Tariety of size correspoodlng to the varying; amount of light required by the numerous wants of ordinary life. In this manner one of the most common cases arises, tn which a simpler means of illumination, B8 candles, study-lamps, &c., is preferred, merely because larger and better constructed lamps give far more light than the space and number of persons employed require. CarcePs lamp, when most »d- Tantageously yielding light, is an article of luxury for 2 persons, because it gives light enough for 8 or 10, and is, consequently, more expensive than the study lamp, notwithstanding the imperfect consumption of oil in the latter, or than tallow candles, which are so especially adapted to all cases where smaller quantities of light are required. It may be urged to the reproach of art, that little attention has been paid to practically applying the numerous principles of the improvement of illumination to circumstances where small quantities are required. Lastly, the table shows that gas-light deserves the preference, not merely for its beauty and whiteness, but also for its cheapness. But it is, of course, only applicable when the consumption is sufficient to make up for the expense of the works. However, we have recently learned to combiue lighting with other trades, so that, by the diminu- tion of the expense, it also becomes applicable where a smaller quan* ttty only is required, as in a manufactory. Thus retorts are placed in the fire of steam-boilers, and produce the gas without any interfe- rence with the ordinary working of the machine, and in this manner the expense of firing is avoided. [The foregoing remark relative to the chtapnets of gas applies to European prices of that article. At the enormous rates charged in this country, (2, 3, 4, or 5 dollars per lOCN) feet,) it is evident from the above cited American experiments that other materials, especially lard, and the camphine compounds, are far more economical than gas.] 217 GROUP II. PROCESSES OF MANUFACTURE CONCERNED LN THE PAODUCHON* AMD APPLlCATtON 0¥ TUT. ALKALIFJI AND EARTHS. ft The more powerful salifiable bases — the hydrated oxides of the light metals, therefore, or the alkaliej and earths — are gifted with ex- traordinary chemical forces, the action of which may as easily be directed towards aflectiag the ilecom position and tran»muiation of other substances, as to the production of intimate combinations ia fhe fbrmatioo of salts. Those of the salifiable bases in question, which are siiflicientlj plenlifut, or which can be manufactured at a sufficiently cheap rate, g"ve rise, therefore, lo a series of industrial employments, which are aoded chiefly upon this energetic chemical action. L— OP THE ALKALIES. Amongst the different salifiable bases of this class, ioifu and potash — known in commerce in the state of carbonates — are the only two used in manufactures, and are consequently of pre-eminent import- ance. But besides the direct and interesting application of these bodies, certain other branches of manufacture, as the production of sulphuric acid, which have not the production of potash or soda for theu direct object, are, nerertheless, so intimately connected with this part of the subject, that a description of them cannot bn well passed over here without detriment to the general Tiew of the whole. SULPHtTK. JVatnre Sulphur. — In volcanic di.stricls, as those of Toscana and Naplea, in Italy, and those between Cattolica and Girgenti, on the south coast of Sicily, large masses of native sulphur are found depo- atted in layers of lime and clay marl. It is more than probable, that this sulphur is formed originally from the gaseous sulphuretted hydro* gen, which, mixed with sulphurous acid, atpieous vapor, air, and sulphur, in a 6nely divided state, issues from all parts of the soil in the form of currents of gas, which are there called ywmtfroiei. The glowing lava which simultaneously comes in contact with the ascend- ing current of sulphuretted hydrogen from the interior, and with the i 318 gULPHUR. Fig. 73. adnospberic air, causes a partial combustion of the former (o sulphur- ous) ncid and maler. But the sulphurous acid thus forinpd rsdecooi- posed in contact with the remaining portion of sulphuretted hydrogen into water and sulphur, and this is partly carried up with the car- rent of gas, and partly sublimed in the cracks and crevices of the rocks. Far the largest proportion of sulphur is brought from those districts ; Sicily alone furnishes nearly 1 ,540,000 cwts. yearly ; Naples, and the Solfatara of Tuscany, less ; the latter only 20 to 30,000 cwls. Purification. — It is usual to separate the sulphur, by distillation, from earthy impurities on the spot, which always constitute at least one half of its weight. A furnace is used for this pur- pose, Fig. 73, which is suffi- ciently wide to receire two rows of earthen pots j3 A — the vessels for distillation — which arearranged in pairs, somewhat raised above the sole of the fur- nace, upon the supports 6, so thai the necks of the pots can be conveniently let in to the top of the furnace. Thus the mouths of the pots are free, and having been charged from without, (hey are ed by the lids c cemented on, and the distillation begins. The sulphur vapors pass over by the lateral tubes a, to the receivers B, where they condense to liquid sulphur, which flows through o into a vessel C filled with water, and there becomes completely solid. Refinery. — The puriGn- tion effected in the manner described above is so im- perfect, that the product, crude sulphur, still contains a small per centage of earthy matter, and this makes a second purifica- tion, by distillation, neces- sary ; tnis is generally per- formed at the sea-]>ort8. A very suitable apparatus, invented in 1815, by a ma- nufacturer, Michel, at Mar- seilles, and now everywhere used. Fig. 74, afibnls the double wl- F]«. 74. eULPBUK. 319 Tantage of producing consfcufively, without interruption, Jioteers of tulphur, (pulTcruleot sulphur,) and sticks of sulphur. Th« iron vessel a, which is large enough lu contain a charge of from 10 to 12 cuts, of sulphur, is walled into a furnace, the interior of vhich has DO other outlet than the arched chaonel x, leadio^ to the chamber d d d, which has a capacity of froni (i to 7000 cubic feet. The boiler and the chamber together form, therefore, n retort and re- ceiver upon a verj large scale. The firing for the boiler / is main* tained by a draught through the ash-pit c, by means of the chimney m. At p there is a door for charging and emptying the boiler. Tie chamber itself has a separate outlet, in which a valve s, open- ing outwards, is situated. Soon aOer the heat is applied, and the sulphur has become liquid, (at a lemiicrature of about I.'J0°«302" F.), it catches fire ;* but this is extinguished of itself, as soon as the oxygen of the air in nie chamber is converted into sulphurous acid. When the boiler has attained a temperature above 316° (633° F.)^ the mass begins to boil, and give out vapors, which pass over to the chamber through x, and condense against the cold walls. As long as the temperature of the walls is below the fusing point of sulphur, 108'', (*258° F.,) the sulphur can only condense in the solid form. The sulphur, therefore, forms small, microscopical crystals, and these deposit in the form of a yellow dust (flowers of sulphur). The constant condensation of the flowers of sul- phur heats, however, the 'walls of the chamber, and they acquire, at length, a temperature of 108° (258° F.) When this period arrives, on the third day, liquid sulphur only can be present in the chamber. If the production of flowers of sulphur is to be continued, the operation must be stopped during the nieht,that the chamber may have time to cool. If not, the flowers of sulphur are removed from the chamber by a door for the purpose, and the heat being kept up, .<iulphur continues to distil over, and collects at the bottom in the lluid state, as is repre* senled in the figure. This second period has also its limit, like the first ; for is .soon as the walls of the chamber have attained the tem- perature of SIC^ (SOl*^ F.), which occurs on the seventh day, the condensation diminishes so rapidly, that a stop must be put to the process. ^ if- '*• The sulphur can be drawn ofT through an aperture n n^ made at a few inches above the floor of the chamber. It is only requisite to push in the stopper A, which can be made to a.ssumc any position by means of the spring m and its handle o. The sulphur flows through the gutter r, which is kept hot as far as q by charcoal, into the wooden somewhat conically bored moulds, Fig. 75. The solidified sticks of sulphur can be easily removed from the moulds by the pestle n. The production of sulphur from the bisulphuret of iron (Fe S,], a mineral disseminated throughout all formations, u iron pyriU*, and cooEueomi pyrites, depends upon the ' TiolsDt espkaioaa we not vacommoa. 2-20 StTLPHUR. Pg. 76. properly pos^estied by that mineral of being decomposed at b red hekt iDio Riilplitir, and a compouDd of the same L-onstitution as mac;T}etic pyrites 7 Fe S, = 6 Fe S, Fe S,+6 S. The mineral Ihus parU witli 23 per cenl., or 4 of its sulphur. In Silesia, Bohemia, and Saxony, the decomposition of iron py- rites is mostly carried on in conical clay tubes a, which are placed in rows, from twelve to twenty-four, in a g:aller)' furnac« (Galeerenofen), (Fiff. 76 is a side view). Both the wide and narrow ends of the tubes project out of the sides of the furnace; the former for the purpose of cbarg^ing the tnbet with broken pieces of iron pyrites^ /'ram 70 to IDO lbs. at once; the other to open into an iron receiver b, filled with water; the narrow mouth is stopped by a perforated plate of clay, that the ore may ncA full into the water (from the inclined position of the tubes c). Not more than \ of the sulphur contained in the nyrites is actually obtained; as in attempting to expel all the sulphur present, the residue would melt, and the tubes would require 10 be broken up each time in order to remove it for future operations. These consist in roasting it, when, by the absorption of oxygen, green vitriol (sulphate of iron) is produced. The crude product, called drop-sulphur, requires to be subjected 10 a second distillation, on account of the impurities which it cod- tains, more particularly to free it from arsenic (derived from arseni- cal pyrites e sulphuret of arsenic + sutphuret of iron, which nearly always accompanies iron pyrites), and this is eirected in cast-iron retorts, in the purifying furnace. Sometimes, inslend of rraploy- ing the furnace, the pyrites is roasted in heaps or "meiler," in a square brickwork space, over a layer of wood. By covering the heap with eHrth, the sulphur vapors can be forced to pass through a lateru lube into the condensing chamber. In uncovered heaps of this kind, deep grooves arc often made in the upper colder parts, in which a portion of the expelled sulphur collects. The puritied sulphur still contains some selenium, arsenic, and bituminous particles. Here and there copper pyrites (sulphuret <rf copper) is made use of in the same manner; but the sulphur obtained from pyrites is ali^ays the smaller jKirlion of that which is brought into commerce, by far the larger portion coming from Sicily. Pyrites is now muih used instead of native sulphur for burning in the sulphuric acid chambers, and the manner in which it is used will he described under sulphuric ncid. Within the lart few years two patents hare been enrolled for ob- taining sulphur from what have hitherto been thrown away as waste SULPHUR, 391 products of manufacture. The first plan was patented by Mr. Kew- toD, and applies to the sulphurous acid evolved during roastine from the sulphurets of iron, copper, lead or zinc ; the second is the inven- lioD of Mr. Lee «bo converts the sulphuretted hydrogen gas obtaioed by an acid from alkali-makers' waste, or from the sulphurels of po- latsium. sodium, or calcium, first into sulphurous arid by burning; and this sulphurous acid is then leiiolvt^d into solid sulphur. 1'be mode of converting the sulphurous aciii into solid sulphur is alike applicable, from whatever source the acid may have been obtained id the first instance. The following description of the process and appa- ratus, which have been partially carried out in Ireland, where it is so important an object to reduce the freight of the sulphur hitherto con- veyed to this country in the form of pvrites, is taken from the Re- pertory of Arts, vol. V. p. 20, 1845, aiuf from a memorandum drawn up by Mr. Lee himself. The sulphurous acid. In whatever manner it mav be evolved, is decomposed by passing through a fire of common coal or coke, which fire maintains at a red heat a flue or chimney filled with bricks in such A manner that interstices are leA through which the products of combustion are carried. These products consist of some undecomposed sulphurous acid gas^ some guiphuret of carbon, sulphurttttd hydrogm, carffonic oxide, and carbonic acid gases with vapor of sulphur. In passing through the heated bricks in the flue or chimney, these gaseous compounds react upon each other so as to produce solid sulphur. The sulphurets of carbon and hydrogen are decomposed by the carbonic acid gas and nndecomposed sulphurous acid gas, producing sulphur and aqueous vapor, and the carbonic oxide gas farmed at the same time, as well as that produced by the passage of the sulphurous acid gas through the fire, decomposes a further portion of the sulphurous acid gas in its passage through the heated brick.s. Whenever a deficiency of sul- phurous acid gas occurs in this part of the apparatus, which is easily detected by the escape of sulphuret of hydrogen or carbon, it is sup- plied as wanted. Thus the process is conducted quite as easily as the manufacture of sulphuric acid. It is absolutely necessary that the bricks should be at a full red heat. Tb^ sulphur vapor is cooled down to a temperature of 360'^ F., and conducted through an appa- ratus (similar to the muriatic acid condensers to be described here- aller),in which it is exposed to an extensive heated surface, on which h liquefies and filters down to a pan at the bottom from which it ii nin off. That part of the sulphur which escapes liquefaction is col- lected in powder in an apparatus constructed on the principle of the chamber for collecting lamp-blark. The following drawings represent that part of the apparatus by which the sulphurous acid is decomposed. Fig. 77, 1, is a longitudinal section. Pig. 77, 2, is a transverse section of 1 , through the dotted lines I, I. Fig. 77, 3, is a sectional plan through the dotted lines 2, 2, Fig. i7) 1> ^1 is ihe flue through which the sulphurous gas passes, when it u atncrattd loihe fire-place fl; C, the grate bars; D, Ihv ash pit ; E, the uoor closing the ash-pit; F F F, are holes cloaeU hjr fire bricks, and through which the fire is stirred ; G, is the fire-briclc grating comrou- uicaiiDg with the flue ,^, through which the sulphurous ackl gas enters the fire: // tf, are the Hues carrying away the sulphur vapor and gaseous matter from the fire into the chimney or flue 7, nnd constructed on the principle and similar to the grating G, The chimney or flue / is constructed of common brick or stone, cased inside with fire-brick, ia the interior of the walls, which are of great thickness. / is a space 5Ued with ground coke or furnace ashes, or any other suitable material that is a bad conductor of heat. K K K are brick arches or iire piles thrown across the chimueyorilue/, and placed about two inches apart, upon which are piled fire-bricks, or fragments of fire-brick constructed ID a way to form tortuous passages for the sulphur vapor and gaseous matter to traverse ; they are placed in the chimney at intervals of 18 to 24 inches. L L L zte openings into the cbiraney, through which to ascertain its temperature, and are closed by an iron or brick stofn per when not used ; M is the flue carrying away the sulphur vapor and gaseous matter to the condenser hereafter described; JV'isihe door at the bottom of the chimney for cleaning the chimney out; o 0 o o are doors for closing the brick grating G^ in which are regis* ten for admitting atmospheric air when necessary; P P are doora through which the coke is supplied to the fire-place B; Qis a damper the flue w^. ipparatus iu which the for regtilatJDg the supply of sulphurous acid gas to figs. 77 and 7S, 4 am! 0, represent the appara 8PLPHUR. 223 I sulphur vapor, or part of it, is condeosed and liquefied, and M is the flue in coDueclioa wiih the same flue w\f, Fig. 78, 1. Fi|. IS. tlula/letiilietiifi Pfan tifffrttenM at Citify Cttltrn Fig. 78, 4, is a se^-iiuiiiil tlcratiun. Fig. 78, 5, is a horizontal sectioo through the dotted lines 3, 3, Fig. 78, 4. The sulphur rspor and gaseous matter enter that part of the appa- ratus shown at Fig, 77, 4, and which is called the condenser, by the flue .V. it is the chamber or body of this condenser, Blled with broken glass, bricks, stone, or coke, so as to expose extenave aurfaces for coDdensing the sulphur vapor, on the principle of the condenser so extensively used by the alkali makers for condensing muriatic acid gas; S'\9 an iron grating to support the materials with which the condenser is filled, and through which the liquefied sulphur runs into the iron pan 7*, placed underneath to receive it; the gaseous matter and uncondensed sulphur vapor also pass through this grating, and are carried out of the condenser by the flue t/, into an anp»ratus con- structed of brick or stone, and on the principle of the chambers used in the manufacture of lamp-black, and in which the remainder of the sulphur is collected in the form of powder or flour brimstone: a draught is produced by connecting with this part of the apparatus laat Jescrtbetl a chamberof sufficient capacity to command any draught that may be required. The following is an estimate of nett proiit realized by this process. £ » d lOO Tons of Pyrites at 13*., the present price at the mine averaging 38 to 40 per cent, of sulphur, and 2 per cent, of copper 65 0 Expeane of 60 toss of coal at 12«. 0 36 0 0 224 SCLPHUMC ACID. Carriage of sulpbur to place of shipment and freight to market 36 0 0 Labor 20 0 0 Produce 30 tons of sulphur at £b lOt. 2 tons of copper at j£80 157 0 0 . JE165 . 160 Gross value Deduct expenses, &c. Nett profit . 335 167 . 168] OtL OF VITBIOL (kI'LPHVRIC ACId). Sulphuric acid, as an article of manufacture, is either produced directly from sulphur (English oil of vitriol), or is separnted, ready formed, from green vitriol (Saxon, fuming or Nordhausen oil of vitriol). English Sulphuric Acid. — Theoretical Process. — Sulphur, in order to be coiivfrifd into sulphuric acid, must take up 1.49 parts of oxj'gcn = 3 equivs. Vi'hen it is burnt in the air, vrhich is easily ofTecled at a temperature of 300° C. (572° F.), it combines with only 2 equivs. of oxygen = 0.99 parts; the compound formed, sulphurous acid (S 0,}, must therefore assume another equiv. b 0.497 parts in order to become sulphuric acid. Sulphurous acid possesses the property, when in contact with moist air, of gradually combining with this additional portion of oxygen, and by Ihe agency of platinum sponge, which then eicerts the same power as in (he platinum lamp, this combination ra- pidly ensues ; but this property of platinum sponge has not yet been turned to account on a large scale, partly on account of the tedioua- ness of the process, and partly from the costliness of platinum. A body is, therefore, employed, which combines small cost, with the pro- perty of purveying oxygen from the air with rapidity, and on a large scale: such a body is the detUoxide of nitrogen^ or nitric oxide (N O,). This gas, when brought into contact with the air, becomes coDverted by the assumptionof 2 equivs. of oxygen intoared vapor, into peroxide ofnilrogen, (N 0^), which, (in the presence of moisture and sulphuric acid,) parts completely with that half of its oxygen, which it had taken from the air to the sulphurous acid, so that 1 equiv. of peroxide of nitrogen, and 2 equivs. of sulphurous acid become converted by this exchange into 2 equivs. of sulphuric acid, and the original 1 equiv .of nitric oxide. For N 0^, orN O, + O, and 2 S O, — 2 S 0, and N O,. This latter, therefore, only acts as a purveyor of oxygen, and is re- obtained entire at the completion of the process. It might, therefore, be used a second and a third time, and indeed with a given quantitv of nitric oxide an unlimited amount of sulphurous acid might be oxi- dized to sulphuric acid, if it were not necessaiy practically to employ air instead of pure oxj'gen, which contains 76^ per cent, by weight, and 79 per cent, by volume of nitrogen. •vtrsTfttc acxbl As otea, tWtdbrc u 100 B». of afabv Mde<8 a«iJ.49.7 4074 cubic onlertoauhe 'tlw;.of a^«B fect(>tOFC.)«rBibcge«an 6aa ibe ekaaben wfccxe tW 1 lor a fireib Mixlwe of ewm, vfekb e«uot be doae vitboat Rnoria^ ■C tfae mae tine the attne osUc with wUch it is mixed ; a sepuntion of the two pMci htm eacb olber Wnf inpracticable. The mana* facturef b i !■!■ i|iii tly Bhigiit ahragw te »ctiftce Ac yj— Me aitric oxjdciaonlcrtogeladif iteaadna lad JMpwfiag aitny ; aad hetiec he ia iimd to W|M<Jace it inihe sane qgasutr, simple on ac- eooDt d this ■echaairal iSSeBkj. n* auns&cttirisg pnccja ior loJpfaaric acid is oldrr than the Acocctical expIanMioa of what ictaalfy occws. ANhnagh. gcacnUly kDvaro b<£ire the end of the ITth ceatwj-, the ■aaafactoiaf pnccaB takes date from the inrtiiboo of the tuifkmric adtf oUmien, IM fint of which wai erected ia 1774. bj Rodock, of BimuBghaiD. Besides air and wattr (Taper), therdbre, a scpplj of sMfykmroms adJ and mitric (kzuir must ooDStaoUf be ke^ gp to them. The sal(dninM»scad waaaeaihrahraTsobtaioed ia the first instance by the comboatMMi of nlpbor ia mmaces eoosinicled lor ih« purpose ; and erode solphar &om ^citjr vaa enifrfoyed without beio^ submitted to further pariGcatioD, until, in the jear 1841, rhe disputed sulphur qaestioo between the EngUsb eoTemment and Naples, notwitbstaod- iog its peaceable adjustment by the mediatioD of France, raised the price of natire sulpaox to such an extent, that manufacturers were forced fo seek other sources of supply. Success was soon the rvward of EogUsb industry ; and the enormous stock or iron and copper pyrites which occurs in Ireland and the coal districts, was worked lor sul- phurous acid. This pyrites is frequently roasted in perpendicular furnaces 7 feet high without any combuMible matter, the pyrites itself bting combus^ tible, and giving out 5iiflicicnt heat to decompose aikd ignite the sub- sequent charges. Whilst fresh matter is added aboTe, the calcined stones are removed from below, so that there is no interruption to the roasting process. From time to time the mass is stirred about through doors at the ^Jes to cause it to sink more rapidly. The pyrites iq burning aflbrdi sulphurous acid, and leaves a re*4diie of basic sulphate of iron {Fe, Oj, SO,) mixed with the matrix of ihe vein, so thai in all, the residue contains about 3 percent, sulphuric acid. From the purer varieties of pyrites ibis residue can be used for preparing sulphate of soda (in the soda works^ior for fuming sulphuric acid.* Horizontal furnaces are also employed for roasting, like Ibat In Fig. 79. ^'1 is the door for introducing the ore, a the principal grate; whatever falls unbumt through this^ collects in the second grate ^ * Pj^rim Ia inoM pompteteljr iteoompowl inmcukk orironiifl nilphurvtlMl fafdrofm, tif cAiulnctltiK ■ niFKnt of aqneaiu Tspor onr li at a imI bMt, a praovM Mliiefa Ikb bMB |iij> in pracUcc io EuKtauxL 226 PYRITES* FURNaCKS. Pf. 79. and is removed afterwards througli B. The draught is regulated hy S and ^, whilst the sulphurons acid is conducted by x to the chamber. Since Sicilian sulphur has beeo again imported, the use of pyrites has lost much of its interest. [The present plan of using the pyrites consists of a square fur- nace strongly bound round with iron somew'tiat similar to the Figs. 83 and 84, about 10 feet high and 4 feet wide inside at the top, and 3 feet at the Iwttom. The oppo- site sides of the furnace »re simi* larly constructed. Thus Fig. ^ is perfectly plain; the opening a is only temporary to allow the gases of the coke or fuel which is burnt in the furnace at first to bring it up to a sufficient heat to pass off into the atmosphere ; the other opening & is a flue about t'2 inches square for the passage of the sulphurous acid to the chamber. la this flue the ordinary nitre cups are placed. Fig. 81 represents the two other sides where a a a show the iron straps for strengthening the furnaces, 6 fr are the doors for charging the furnace with the pyrileij broken into small pieces ; the doon: lower down are intended lo allow the workman Co keep the materials free and as open as possible for rVRIT&S- FURX&CU. 9*7 die pasnge of the air and gM; e e are the opentogs through which the rendue U drawn out. Fie ^1. The residue, after dissoUing out crude soda, tank waste, or refuse from black baits, which contains amongst oibcr substances, sulphuret of calcium, has also recently been turned to account ; it is decom- posed by carbonic or muriatic acids, and the sulphuretted hjrdn^ii collected in gns-holders. From these it can be conveyed to the chambers where, when ignited, it gi\-es rise to sulphurous acid and water. This process, the invention of Mr. Gnssagc, has not come into general use, from the difficulty of managing the gas, and (he fall in the price of sulphur.] For the production of nilnc oxide, the old plan was to ignite a mixture of S parts sulphur, with 1 of saltpetre, when sulphurous acid and nitric oxide were produced, and sulphate of potash remnined. The former results from the excess of sulphur, as in all probability KO, NO, + S — KO, SO, + NO,. Instead of this process, a trial was made (in France) to use the vapors which are evolved when treacle is heated with nitric acid; a mixture, therefore, of nitric oxide with peroxide of nitrogen. Oxalic acid is here obtained as a secondair product ; it, however, does not realize a sufficiently high price, which vaa anticipated, to compensate for the expense of the process. It has, therefore, been found generally more advantageous to employ nitric acid a1 once, which is evolved from cubic or common nitre, i. «. nitrate of soda or potash, by means of sulphuric acid, and the heat of the sulphur furnace. Nitric acid, nnmcly, forms with sul- phurous acid, nitric oxide, and sulphuric acid, for NO, + 3 SO, « NO, + 3 SO,. When fluid nitric acid is exposed in saucers to the 3-28 LEADEN CHAHBRR8. action of sulphurous acid in the chambere, the reault is precisely the same. In fact, the apparatus for sulphuric acid, Fig. Hb, is calcu- lated for this mode of procedure. A mean produce of l&U cwls. is obtained in twenty-four hours, and this can be increased to 200 cwts. The production of this mass of acid is effected in five large rooms, or chtrtOtera,' made of stout sheet-lead, C, E, G, I, and M, the first of which is 13 A. wide, 20.8 ft. high, and 2-1 A. long, with a capacity of 6490 cubic feet; the second of the same length and width and 20 ft. high, 6240 cubic feet in capacity; the third, and largest is 100 ft. long, 26 ft. high, and b2 ft. wide, and its capacity is 135,200 cubic feci ; the fourth is 22 fl. wide, 25.2 A. high, and 28 feet long, with a capacity of 15,523 cubic feet; lastly, the fifth is of the same lengUi and width, and 24 A. high, having a capacity of 14,784 cubic feet; together, therefore, they hare a capacity of 178,000 cubic feet. At leaden walls of these dimensions, on account of the weight and Aexi- bility of the metal, are incapable of supporting themselves, the cham- bers are enclosed on all sides bv a scaAblding of beams, and below with a coating of boards (see l?i^. 82), so Ibat, in case of repairs being necessary, they are accessible from underneath. The joints of the ditferent sheets of lead, on account of their immense length, Ate preserved air-tight with the greatest difficulty. Common solder (an alloy of tin and lead) would soon be destroyed; although Rich, mont has recently invented a plan of connecting sheet-lead without solder, namely, with simple lead, and the use of the oxyhydrogen blow-pipe; yet this is found to require too much time, and in preter- ence the sheets are turned over each other at the margin, and covered with white-lead paint. .^ is a furnace for burning crude sulphur to sulphurous acid; twoof these are required for supplying the chamber?; their height is twelve ft., and the surface of the sole comprises 144 square feet. The double case of the furnace leaves room for cold air to pass between, which serves to regidate the heat. The draught of the furnace, a most important point, because upon it depends not only the supply of the furnace with air, but also the supply aflbrded to the chamber itself, is safely managed by a damper at the door of the furnace, and the chimney 0, with its regulator P. This latter is a horizontal cross plate, or partition, let into the dnim, with nineteen round apertures, which together are equal to the section of the chim« ney. Of these, any number can be closed by means of leaden covers introduced through the door g. From the furnace jf the gases — a mixture of sulphurous acid, nitrogen, and unchanged atmospheric air — pass through the large cast-iron tube B, which ts 4 feet wide, and enters the chamber C at the lop, through a leaden collar. The height of this aperture above the Koie of the working space of the furnace is a point of some imp * Tb« ctnunliera in tealitjr (to tun tcnnd in u linfw ona hy itio Mo or Iho orhor, Imi, U economise apace, U»7 are amnsoil in pair* onu hnhiiMl iImi ntliot, namdly F ba^hinct C, and J behind Af, to ttwi die Troni onei in tbv dnwinii would in mdiiy nM tw K«a. ' Tennuit'i manuAwiny si St. Rollox, Cla«giiv, produce* jresrl/ lOO^OOO cwca. of acid ia 90 chunlM-n, ekcb of Wliicli b TO n. long, and 38,000 cubic l«e( in cufmatf. 230 SULPHURIC ACID. Pig. 83. portance, and to produce a good draught it sLould be about 30 ft. high. From the first chamber, the gnses pass on to the second £, through the short tube D, there to decompose (according to the method here ^ven as an eicample) the nitric acid which is exposed ia flat pass saucers.* It is found beneficial in practire to allow the concentrated nitric acid to flow in at interrala (about 600 lbs. in tn-enty-four hours) of about half an hour each, therefore each time li lbs. The nitric acid is caused to flow from a series of glass car- boys, connected together tn form one large reservoir, through the narrow lube o, into the vessel JV*, Fig. 83, (outside the chamber,) in which the bell-shaped vessel i with ihe wide exit lube c together form a syphon. The width of a is calculated to let just 1'2 lbs. of nitric acid flow out in half an hour, and this will then stand at the level n; at this height c Alls of itself, and in a few moments empties the vessel into the tube d, from whence the airid is conveyed to the saucers, to flow off" on to the flooT of the chamber K, when it has become sufficiently weak. The sheet- lead is there protected by a layer of dilute siilphurir acid. The sul- phuric acid here formed, which contains a large proportion of nitric avid, is made to flow through the small tube u buck into the first lower chamber C, and this is done with no other object than to sub- ject the acid a second lime to the current of sulphurous acid, by which the nitric acid is decomposed. In the two flrst chambers a portion of sulphuric acid is formed, but only in a subordiuate man- ner, whilst the nitric acid is converted into nitric oxide* which, mixed with the gases from the furnace, enters through F the large chamber G, the actual seat of the sulphuric acid formation, simulta- neously with aqueous vapor, and Ihe process is completed in the chambers / and M; tlie last portions of sulphurous arid being there converted inio sulphuric acid which is coudenst-d. A boiler R sup- plies a current of vapor, which by the pipe s is disseminated in the back chambers G, 1 and M. The chambers / and M receive the gases through the lubes / //and /, K, 2A feet in diameier, which are furnished with the receivers r for collecting whiitever may condense. All the sulphuric acid that is formed in the two front chambers C and /-flows from C through the tubes ^^ into the middle chamber G, which is consequently placed lower than all the rest. To keep the fluid on the floor of this chamber in constant agitation, and in more inrimale contact with the gast-s, the fluid acid from g is nllowed to fall from a height of 6 A. The walls of Ihe chamber G — as may be seen in Fig. 84, whirh shows at the samr time the motle of attaching Ihe wmHs to the sraflolding— dip into sulphuric acid on Ihe detached floor of Gf a contrivance which lends lo amplify the opernlionsr ■ Wlipn tlic nirri>> neid U tonMd in tlte tuin&ce A Imm mlt(>eite, ttj« fim diAuibrra x.'mI tJie Hiiicrr* nie luelra*. SULPHURIC ACID. 231 At the most important spot i in the chamber G, the steam-pipe enters in the middle of the current of gas, that a complete intermix- ture may take place.* Below the exit tube O, is a so-called refrige- rator» for instance, a vessel Q in which the escaping gases must pass over two layers of water, and deposit any residual portions of sul- phuric acid. Instead of using several chambers, connected with each other in the manner described, it has soraetimes been found preferable to separate (as in Fig. B5) one roomy and very long chamber by parti- Pig. S6. tions into a number of compartments, and in such a manner that the gases by ascending and descending are forced to mix intimately with each other. Although by this means a saving of lead for the walls is effected, yet the sulphurous acid can scarcely undergo so complete a oonversion. " Portwpatlie ff"tri would bccumc moreintimaU'li'tnixnl.il' tlif^ «rpi« nlwayisllowMl Kt vnlVT « thi; buiimit or the cfaonitwn, lor (ih«K btntpenitURi bciua much higher than tlM9 enclo««d aii) ii\ry havn a [enJsncy lo wllecl bI Uib lop. Tliia ia laore jwrbcularljr Um vat» in the appomtiu Fig. 8&. 333 SULPHURIC ACID CU1UBCR8. From thifl description, tt appears that Ihe production of sulphuric acid in these chambers may be a continuous process. This was by no nieatts the case upon the old method which was consequentljr defective. The new method was introduced in the year 1774. On the old plan, no constant current of air was supplied to the chamber, but a mixture of sulphur with twenty or more per cent, of saltpetre was burnt — originally upon a Wind of carriage, which was pushed into the chamber through a door — and steam was admitted at the same time. As soon as it was thought that the acid originally on the floor of the chamber bad absorbed the newly-formed portion* the rest- dual gas was atloweil to escape by the chimney, and the chamber again filled with air* for a fresh operation. In this manner only m much sulphuric acid could be formed as would correspond with tfaa Juantity of air (oxygen) in the chamber, and this would naturally epend upon the capacity of the latter. All the sulphurous acid produced in excess, as well as in the opposite case, a quantity of nitric oxide which had as yet taVen no part in the production of acid, was therefore lost, each time that fresh air was admitted into the chamber. Within the last few years, two Tcry important improvements have been introduced in the manufacture of sulphuric acid from suiphuroas acid, which are both alike applicable to any process wherein this latter acid has to be dealt with. The arrangement of a series of chambers is an important point, however, which we will describe before proceeding to these processes. Figs. 86 and S7 ^how the grouml plan of the arrangement adopted in one of the largest a)L-ati works in England, where the chambers 4, 2, and 3 are connected together by leaden pipes Jl A jf, and 1, 5 and 6 by B B B. The burners D are large flat ovens con- structed of iron, and a thin sheet of air is allowed to enter below the door, which is kept at a proper elevation by screws. Another ar- rangement. Fig. 88, consists of a series of chambers all of the same size, placed alongside of each other, but instead of being connected by lead pipes or liues at the end, the following plan is adopted. The chambers I, 2, 3, 4, &c., are attached together by leaden passages the full size of the chambers tbemselres, constructed in the same way as the chamber. No curtain is employed iu These chambers; and the use of this plan, to mix the ga.ses, is now generally abandoned. The first of the improvements alluded to is that patented by Mr. Bell, contdifling (Fig. 89) of the above series of chambers, to the last of which a number of coke columns are attached. A is the section and B the ground plan of this arrangement. C is the last chamber, and D D D D are the coke columns. .\t the end of the last ooloma £, a steam jet similar to that described further on, is attached, and this jet efTccts the draught through the whole range of burners, cham- bers and columns. The columns are four feet square, and the total length of coke piling may be 200 feet or more. Mr. Bell recommends 120 feet. In every other respect, this process is similar to that already 234 in practice. The advantages held out by thin plan are the perfect control of the draught under all circumstances, the increased quantity of sulphur which may be proiitably burnt in the same time in the same chamber room, and the saving of nitrate. The condensing power of the coke coiumti ts very great, and enables the manufacturer to disppnsf with chRmber room, ar increase his make, while the stream of acid which runs from the condensers, carries back to the chambers all nitrous gases which had esi-jtped. The other iniprovemenl is thai proposed and carried out by G«y»j Lus&ac, which consists in attaching three coke columns C E E iiM Figs. 8? and 91 lo a series of chambers. In Fig. 90 D represents the flat iron burner with a door iit .i for the charging of the sulphur, and another at B for the insertinii of the nitre pols, where the beat is not M high an to destroy the nitrous acid compounds, F the flue leading to the coke column C, whence the guei enter the chamber 6\ and previously ascend and descend the cnlum.<i K £, Fig. 91, before making their final escape to the chimney. The cistern A is filled with sulphuric acid of ].7u to 1.80 specific gravity. The chamber is worked with nn excess of nitrous ncicl, and a good draught. The waste leases of the chamber in passing through Uie columns K E meet wiin streams of sulphuric acid from the cistern h, which abMorb all the escaping nitrons acid ; and this acid thus charged with nitrous acid, is forced up into annlher cistern above the column C, by a pfciiliar contrivance; it then dt-sccmLs the coluniti C wbi-n the !iui|)hurous acid of the burners completely dtnitmtt the sulphuric acid, and where, in fact, a large quantity of sulphuric acid is made. The saving of nitrate by this pUii is very great, indeed ; it has been found that as much as forly tons of sulphur can be burnt per week in these chambers wilh no larger consumpiinn of nitrate than three per cent., and an excellent produce of sulphuric acid maintained at theA same time. The followmg is the manner in which the acid is sup- plied to the cistern above the coke columns, Fig. 92.] Figr. m. 1 ABsmtrrnm or Hrrtoot oas. Tif. 90. Piff.*I. 239 ^ 18 a strong leaden cistern. B is the shaft of an air-pump. C is a safety valve. Dia the pipe reaching from the bottom of (he cistern.^ to the cistern K at the top of the coke colunins. The valve C is opened and the cistern A is fillet] with the sul- phuric acid from the coocentrnting furnace pan already described, or some conveniently siluati^j rcflcrvoir. As soon as this is done, the valve is agnin closed, and the air-pump .vt in motion, whirh forces the air into the cistern at the top, and thus causes the acid to ascend up the pipe D to the cistern K. As soon as the cistern A is emptied, the valve C is ag'aio opened, and the operation repeated as often as necessary to maintain a supply of acid lo the coke columns. As the escape of vapors from a vitriol chamber should alwavs be the same, it becomes of essential tui>ortance that a perfect regularity should be obtained in the supply ot acid for absorbing the nitrous gas; this is well efTecled by the following cootrivaoce which is repre- seoled by Kig. 93. 33e JIBSORPtlOf Fig. M. Pig. »3. It is evident, that if the rtservoir which holds the acid be open, it will be impossible lo obtain a regular flow of acid, as the leiel of this will be continually varying; thus, when the reservoir is full, the weight of ai-id uould cause it to run out very quickly; but as the level descends, the acid would run more slowly ; it is, therefore, neces- fary to make use of a closed reservoir. This reservoir is GUed with nulphuric acid 62° Baurae (1.760 sp. p-.} by means of a funnel .i, the air escaping through the small tube B; near the bottom is a leaden cock (.', which must be perfectly tight, and which dips into ■ small leaden vessel D that has a small glaNS tube F at the bottom to let out the acid. The section of lliia tube must be somewhat smaller than thar of the orifice of the cock. When the reservoir is full the funnel ."J, and the tube li inusl be well closed with corks, the cock C is then opened. The acid Hows faster through the cock than it can escape through the glass lube t\ so that the acid rises in the vessel D covers the oritice of the cock, prevents the air from enleriDe, and soon stops the flow of acid on account of the partial vacuum in the upper part of the reservoir. As soon as the acid has nin out of the vcMel D Butficienliy to uncover the mouth of the cock, air enters ag»in through the cock, the ariil Hows, and the vessel fills as before. 'Ais will go on as long as there is acid in the reservoir, and the flow of ai'id through the tube F, will be almost perfectly regular as the utmost ditTercnre of level in the vessel /> is so very small. A partial vacuum being formed in the reservoir, it is necessary to sjipport its cflver; this is done by means of 5 or 6 bars of iron E,. covered with lead, resting on the bottom and soUered to the cover. THEORT OF THE PROCBSS. 237 Kow it is equally important that the acid should be distributed uni> formly over ihe whole surface of the coke. This is well effected by means of cones of pmgressire sizes, one placed above another in ihe top part of the column. These cones being all, except the middle one, tniocated, receive at the top the acid that flows on Ihe surface of every one of them, and falls in a number of circular streams that cover the whole surface of the coke. If the acid fell on the cones in a regular stream, there could not be a suihcient quantity of it (o cover all these surfaces; it is, therefore, necessary that a certain volume of acid be supplied suddenly at regular intervals. This object is ob- tained by means of the oscillator G. This oscillator consists in a tort of leaden box with a partition in the middle that divides it into two equal parts; this is supported on an axis on which it oscillates, the contrivance being so arranged, that while one side ponrs out the acid that it has received, the other receives its supply of acid, and only falls to pour it away when the calculated quantity has been sup- plied. Every time the oscillator falls, its contents run into an S pipe, and from thence into a short pipe, placed just above the taps of the cones and fitting closely on the upper one; this pipe being suddenly filled with the acid, the acid escapes, and runs along all the cones. The oscillator should deliver the acid at least twenty times per hour. For a daily consumption of one ton of sulphur, 1800 parts of acid 62° Baume {1.760 sp. gr.) will be required, and proportionately for a larger or smaller consumption. Thtory of the. Process. — The Transfer of the ox)*gen of the air (o the sulphurous acid by means of nitric oxide is, however, by no means so simple a process as it appears, and as was at iirst sup- posed. Nitric oxide has a great tendency (o combine with sulphuric acid and form a sulphate of nitric oxide (NO,, 2 SO,)," which again has a strong tendency to unite with hydrat»l sulphuric acid, (pro- bably NOj, 2 SOj + SOj, HO,) so much so, that the formation of sulphate of nitric oxide is very much favored by the presence of hydraled sulphuric acid. This is the case in the chambers, where this compound is frequently found in inch thick crystaline layers — like ice on window panes — covering the wall.<>, or falling sometimes as fine snow flakes or even in more minute division as a pale cloud, for sulphurous acid and peroxide of nitrogen are immediately con- verted— hilt only in presence of aqueous vapor — into sulphate of nitric oxide. Aqueous vapor, therefore, and sulphuric acid, are essential requi- sites for the rapid forraarion of this compound. In Ihe chambers, however, sulphate of nitric oxide is not permanent — its production not being the ultimate object — it is decomposed by the current of * The AMcvitj attending Uib aiwljrsis of this eotnpouiiit »i|ilains the want of acooni* sncc, uwl (be [lifr«rpiii vievvi or chemisi* uoijioerniiig in nauire. PrevoKnyv oniuden UtM Ihe compcNirKl mturt be viewed bi a oombiuaikpn of commoa anlifJroiu nlphuria acid with a sulpliuric and, in wtiidi 1 «quiY. of OKjftu b replaoeil by peroiid* of niuogea, imnniT »», + SO, NO^ 33S COKCENTRATION OF ACID. aqueous vapor Into hydrated mlphuric acid which dissolves, and mtrie oiidevchlch is erolvedwith efiervesceoce, and can again beconterted into peroxide of niirogen. Formerly the formation of the crystals in the chambers was con- sidered B9 something remarkable, and only of casual occurrence, until it was proved by the more recent researches of A. Rose, De la Prevostaye, Gay-Lussac, Oaullier^ and others, that the production of sulphuric acid is solely due to the decomposition of the sulphate of nitric oxide. It is not a matter of indifference what strength the acid is at 6rst allowed to assume, but it has been found desirable to draw it ofTfrom the middle chamber in which it collects when it has attained the strength of 62° B. (sp. gr. 1,558) or when it contains 54 per cent, of hydrated sutphuricacid. Stronger acid would absorb too much sul- phurous acii! ; and if it were much weaker (up to 46 per cent, hydrated sulphuric acid) it would take up too m,uch nitnc oxide. liius from every cwt. of acid from the chamber, 39 lbs. of water must be separated in order (o obtain the commerrial acid, which should contain about 93 per cent, of hydrate, {66* B.) The Concentration. — The concentrating apparntus in which this separntion is ejected consists of leaden pnns and a platinum retort. The former, Fig. 94, are erected over a fire ^, and supported by Fig. M. iron plates a a against which the flame beats ; d date incisions tbrou which the lower pans are filled. The evaporation precipitates a little sulphate of lead »nd oxide of iron (anhydrous), whilst the boiling point of the fluid attains a height, at about 65 per cent, of hydrate, which endangers the pans from the great heat, and causes a useless loss of acid by evaporation. When, therefore, about 11 per cent, of water has been evaporated, with which nitric oxide, nitric and sul- phurous acids pass off, the acid is conveyed (having a specific gravity therefore of 1.7) through the syphon x into the platinum retort, T^g, 95, the fire under which is closely approximated to the firing of the pans .^. The syphon x, which is here represented as closed, is worked without a stop-cock b^ the vessel c on filling the retort in a remarLably simple and tngetuoiut manner. When this vessel is low- ered with its spout to the gutter d, the outer limb of the syphon — 4 PLATTSm mui. X iDg th« uM of glass reswls, hare induced tli« maDufacturrre very geoeralljr — ^DOtwitlistaiidiiig the great cost — lo make use of plsitnum retorts. These are maile (nearlj all in Paris) lo contain fntin five to twenty cwts. and cost from about ^1,700 lo JE2,600; all the joiols ta the retorts are soldered with gold. During the bmling, the contents of the retort separate into comtnerctal acid and some acid water, which is conducted by the tube in the capital, and its spiral leaden continua- tion to one of the pans, where it is used to concentrate ii niiantiiy of weak acid from the rliamber. If the heat were further increa)^, the boilinp point would suddenly rise lo 326* C. (619* F.) and hy- drated sulphuric acid would distil over, which of course is not desir- able. With reference to the quantity of lead taken up by sulphuric acid in diflt-rcnt stales of concentration, experiments have lately been in- stituted b)' Anttion, which provt how very objectionable the practice must be of concentrating The acid in leaden pans beyond the pre- scribed limits. Anlhon found in acid thus concentrated and tner- wards cooled down to 6^ F. the following quantities of sulphate of lead: Acid of sp. gr. 1.724 contained ]Joth sulphate of lead M " 1.791 " g'jjth " " »* " 1.805 " i»otl>» " 340 PLATINUM CONDENSERS. The annexed vood cut (Fig. 96) shows the maoner ia which the platinum Mill is erected in the concentrating house of the vitriol works. Fif.M, The high price of platinum vessels renders it very much to the in- teresT of the manufaciurer that they should be in constant use; }'e( it is impossible to draw off so powerful an acid at that tern perai tire into the gUss carboys, in which it is sent out, and liuadrn coolers cannot be used. Herice arises the necesMly for the ptalinum syphoos. Figs. 97 r>g. SI. PftODCCC £41 sod 98, vhick at the same tine uistrei the porpoee of coolers. TV sj'pbon a & f u let into a wide tube d i, whidi is sapplied vitb a \ cuTTent of cold water tbrougli e, Tbe water, aAer becocoioe wann. flows oflfat^. The cooling is, therefore^ effected by sarrouMingthe hot acid io i e with a current of cold water passing in an opposite direction, the effect of which is rery much increased br making the longer limb ia four distinct tubes, as in Fig. 98. To fill ibe sypboa^ the cock n is stopped, and acid is poured iirsi into o, and then info (/, until it runs down into the retort through fr a. When o and i/ are now close, and n opened, the syphon comes into play. The process of concentrating sulphuric acid in a series of open leaden pans by applying the heat below, has been abandoned in most manufactories, io consequence of the great waste of tbe pans them- selves (v. p. 240}, and tbe loss nf acid, where the chambers hare been worked with an excess of sulphurous acid. Two modificMioas have been introduced with great adrantage. One of these modifica- tions consists in covering the leaden pan with a movable hood of sheet- lead, suspended from a woo<len framework, constructed in the same way as the ordinaiy- sulphuric acid chamber; and this improvement generally effects a sav- ing of lO per cent, of BCtd. The other modi* Gcation is shown io the drawing, Fig. 99, by means 01 which a larger quantity of acid is con- centrated in the same tinie» and the leaden pans protected from the serious corrosion to which they are liable underboth the other systems. This arrangement consists of a leaden pan a, built in brickwork, and enclosed in a furnace b, when the heat from the furnace c is applied from above, and pa.<tses along, wiih all the fumes, tnio the tlues d. The advantages of this latter plan arc loo obvious to require any notice. Produce. — Tn a mannfactory like that described, from 100 lbs. of satphur, 308,310, or even 320 lbs. of concentrated commercial acid. FiB- M. 242 SOLPUtJRIC ACID— IMPURITIES. acconling to the management of the process, may be obtained, of 66° B. {= 1.816 spcciric gravity), and for the production of this auantily^ from 10 to 12 lbs. of nitric acid are requisite, whilst upon le old plan the produce would not have exceeded 150 to 200 lbs. of sulphunc acid. As the commercial acid is not pure hydrate (SO,, HO), but, on account of about 7 per cent, residual water, is probably a mixture of SO^, HO, with some SO,, 2 HO, the mean produce of 310 lbs. will correspond with 288 lbs. of actual hydrate. Now as 100 lbs. of sulphur in becoming sulphuric acid, require 150 lbs. of oxygen (= 3 equivs.), and 56 lbs. {= 1 equiv.) of water, which, according to theory, would give 306 lbs. of hydrate, we see to what a high slate of perfection this branch of manufacture has arrived, when only (18 per cent, of hydrate =) 6 per cent, of sulphur have been lost in the process. The manufactory described at page 232, is capable of burning 40 tons of sulphur per week, with a produce of 3 of oil of vitriol for 1 of sulphur, and a consumption of only 3 lbs. of nitrate of soda for ereiy IDO lbs. of sulphur. To produce this tnean quantity of acid (310 lbs.) 48 cwts. of sul- phur are burned, on an average, daily, therefore, 2 cwts. per hour, which take up 2 cwts. of oxygen from 8.5 cwls. ■■ 12.500 cubic feet of air, in order to be converted into 4 cwts. = (about 2323 cubic feet) of sulphurous acid; in which case there will remain 6.5 cwls. of nitrogen from the air, = 8GC0 cubic feet. On its arrival in the chamber, the sulphurous acid requires 5650 cubic feel of air, in order, by the separation of another quantity of nitrogen (4436 cubic feet), to combine with 1 cwt. of oxygen = 1184 cubic feet, and be- come converted into sulphuric acid. From the sudden condensation of the latter, which is almost equivalent to its complete removal, the chamber, upon the old plan, was exposed to the risk of being crushed in — inasmuch as it was closed for a time. The excess of air which enters the chambers being left out of calculation, there will pass through them altogether in an hour (2322 + 8660 + 5650 =) 16532 cubic feet of the mixluiB of gases,* so that, during the lapse of twenty-four hours, ihetr contents will be changed four or five limes. The gases which escape carry with them the nitnc oxide, which is at the same time generated, about 5 or 6 lbs. in the hour [to 2 cwts. of sulphur). To regain this, at least the greater part of it, the gases, in escaping from the chamber are brought into contact with a current of strong sulphuric acid, in the form of rain, which absorbs nitric oxide with great avidity, as described at page 235. Impurity. — English comraercial oil of vitriol is not sufficiently pure for all purposes: it contains, besides hydrochloric acid (from the com- mon salt of the impure saltpetre), traces of nitrous acid, nitric acid, and particularly nitric oxid(>, which are detected by the purple color which it assumes with green vitriol. On distilling the acid, sulphate • Ai ■ MHtperanira of 0* C (39' F.) rtTHINO OIL OP riTRTOL— THE 7URWACK8. 343 of nitric oxide hting less Tolatile. is contained in the residue. The .presence of the oxides of nitrogen is objectionable to the raannfacliirer, 'or account oftheircomrounicaiingtothe acid the property of attackiag platinum. To get rid of that portion which would otherwise reach the platinum retort, -r'a to \ per cent, of sniphate of ammonia may be added before the heat is applied; (be ammonia, and the oxides of nitrogen, are then converted into water and nitrocen gas (Pclouze). Besides these impurities, there are also sulphate of lead, (which is not separated by sulphuretted hydro);en, but only by dilution,) antiytiroiis persulphate of iron (as a white deposit, which vanishes on dilution), xlenium, and arsenic (from the sulphur, or pyrites) to the acid, which is likewise frequently colored brown by straw, or cement that has fallen info it. Fuming Oil of Vitriol. — Of those sulphates which part with their acid at a red heat, without deeomposiiion of the latter into sulphurous ^acid and oxygen, the persulphate of iron is the only one that can be used in the manufacture of the fuming acid. This substance is always evolved when green vitriol, a cheap, easily obtainable salt, is heated to redness. The starting point of the manufacture is, there- fore, green vitriol, (hence the name, oil of vitriol,) or crystallized proto-sulphate of iron, (Fe O, S(_), + 7 HO,) 6 equivs. of its water bein^ driven olT, before decomposition ensues; the seventh equiv., which is more intimately combined, is only expelled when that pro- cess begins. In the vitnol manufactories, the impure vitriol obtained by evaporation of the mother liquors, which has no commercial value, is subjected to two consecutive operations, the one of which removes its water, the other its acid. TV Furnaces. — Both these operations are effected simultaneously in the same furnace, the arrangement of which, as constructed at Hcrrasdorf, is seen in profile at Fig. 100. The furnace used at Kad- nitz, in Bohemia, is represented at Fig. 101. In the gallery furnaces Fig. lOD. yLg. 101. 244 DISTILLATION. (Galecrenofen) in gfcncral, as rppreMntrd in Fig. 100, the same firing heats two rows of vessels a a. In wbicb the ilecompositton is elTected; ihese pols are walled in at the iiecli.s c c, and in such a mann<^r ihac the movable receivers b b can easily be inserted, and made tight by cement. If, on thecontrarj, the necks of the retorts a were inverted into the receivers b, the cemeut would be liable to fall into the acid. The grate d is carried throug-hout the whole length of the furnace to the chimney /; e is the ash-pit, and m the drying chamber for separat- ing the water from the vitriol, which is heaped up upon the projecting plate n. The waits c c are overlaid at lop with plates of clay h. The Bohemian furnace is not essentially diRerent from the one described, except that it is calculated for a double range of retorts, llie retorts are 1^ feet long, and 4 inches wide at the neck; the receivers are of the same length, and are I^ inch wide at the month; both rerorlsand receivers are from 5 to 6 lines thick, and composed of crucible ware. The furnaces accommodate from twelve (as in Fig. 101) to thirty iw- toris on each side, which are placed three inches apart. Process of DistillaHon. — When the retorts are charged, each with about 2 io '2^ lbs. of calcined vitriol, a flame-firc is made with dir pine wood. The liral portions that pass oH'^ consisting of very weak sulphuric acid, and much sulphurous acid, are not collected. As soon) however, as the gray, fog-like vapors of anhydrous sulphuric acid appear, the receivers are connected, each containing about an ounce of rain-water, and the distillation begins. The heat is kept up until the a>torts have been exposed for some time to a white-heat, in aU about thirty-six hours; as long, indeed, as acid passes over. When this ceases, and the receivers have become cool, they are at once re- moved, the retorts emptied, and charged anew, which is done by means of iron shovels ; the same receivers are again adapter! (without having been emptied), and the process is then repealed. The acid in the receivers is not so saturated with anhydmus sulphuric acid, as to altain the strength of commercial oil of vitriol, until this process has been repeated four limes. In this manner, 45 to 50 per cent, of the dry vitriol is obtained as acid, which is sent out in stoneware jars, with screw stoppers, covered with cement. The residue is a reddish- brown earthy mass, called Colcothttr, or Caput mortmim vUriolif and may be used as a paint. When anhydrous vitriol (FeO, SO,) is healed to redness, the prot- oxide is converted into peroxide, by taking from a portion of (he sulphuric acid, the requisite quantity of oxvgen, the former becoming reduced to sulphurous acid. For 2 FeO, SO,, or 2 Fe -^ 20 + SO, + SO, = Fe, 0„ SOj -I- SO,. Basic persulphate of iron is, therefore, formed, which, at a still higher ternp(.Tatiire, parts directly with its acid. From the great tend- ency which ]irotoxide of iron has to combine with oxygen, or to be converted into peroxide, mere exposure to the air, or sliglit roaating, is sufficient to effect this conversion, when 2 Fe O, SO^ or 2 Fc -1- 20 -t- 2 SO, + O (from the air), become Fe, O, -|- 2 SO,, or § basic prrsulphateof iron, which at a high temperature parts with the whole I I COUHON SALT. 245 of its gnlphuric acid vitbout any formation of salphurous acid, and, "lerefore, wiibout lo$a. This is the case Id the vitriol works, where FTitrioI is employed that has become nearly entirely peroxiiiizcd by exposure to the air ; for erery portion of oxygen taken up, five por- Jioos more anhydrous acid are obtained. Tbe chambers m, therefore, les separating the water from tbe vitriol, roast it alw to a certain teat. The amount of produce proves what is here stated ; for whilst irotosulphate of iron ought to produce 30.3 per ctni., and the persalt 63.3 per cent, of dry acid, 50 per cent, of oil of vitriol is obtained, vbicb is equivalent to much more than 30.6 per cent, of anhydrous acid. Since English sulphuric acid has become so cheap, manufacturers in (jcrmany have begun to use it in tbe vitriol works, either for dis- solving colcothar, [to form persulphate of iron,] which is then decom- posed in tbe manner described, or for replacing the water in tbe Meceivers. In the latter case, the product is of course contaminated 'Vith all the impurities of the English acid. Fuming oil of vitriol is an oily, brownish fluid of 1.9 specific ivity. Its chief constituent is the hydrate 2 SO,, HO; in the reaker acid this is mixed with the simple hydrate SO,, HO, in the tronger it contains anhydrous sulphuric acid SO, in solution, lite itter substance is so volatile, that it escapes even at ordinary tern- peratures from the oil of vitriol, and uniting with the moisture of the atmosphere, is condensed in the form of a visible cloud to SO^, HO. Hence the fuming. Together with selenium, and earthy particles, sulphurous acid is never missing amongst the impurities, ami is only gradually evolved on dilution, destroying, for instance, the spongy platinum in the platinum lamp, when fuming acid is ua«i to supply it. COMMOH SALT. — SCA-SALT. OcCTinrence. — Sea-salt, or culinary salt, (chloride of sodium NaCI,^ is not an artificial product, but is found even lavishly prepared anu stored up in the earth by nature. Nevertheless, the manner in which it is obtained is interesting, and the more so, as it is tbe source of the most important compoands of soda. As a rock — rock-salt — for so it is called by mineralogists — forms a distinct member in the series of stratified rocks, occurring with limestone, clay, chalk, gypsum, marl, stink-itone, slate, and not unfrcquently with bituminous formations. The great deposit of salt which extends from Upper Austria through SU'ria, Salzbui^, and Berchtesgaiien, as well as that of Wimpfen, m Wurtemberg, are the most extensive and productive In Germany.* From the section of tbe latter, Fig. 102, it will be seen how the gypsum is enclosed by a deep layer of shell-timestone, containing the rock-salt as a separate mass. It is highly probable that the rock-salt * Tike ehier (kfiQiJt of rook-««Jl in En^aod U at Nonhwitb. in Oi»liii«. wlicn (b« naiiHral oonin in two bedi, ons «bon ifa* oibw. and Kpvaied by tklMai 30 Tmi of timj •Dd nuul, inieneeied wtifa teata o( radt-njL Tbe two bedi tosetbct mn oM I«m ibui 00 fcet ihiok, noA pnteblf oxwnd 1} qtilei, wtd an 130O janlt bnad. •246 «ALT FRUU SBA-WATBa. in Ihis* and similar basins, has been deposited from saline lakes, and (his explains why it should occur in more defined and rounded masses. Fig. ll». as compared with the enormous extent of the other members of the same formation. In the hig^h laDds of Asia» and Africa, nod America, there are often extensive wastes, the soil of which is covered and impregnated with salt, without having ever been co- vered by other deposits. Salt lakes themselves are not uncommon, and occur on the banks of the Wolga, in South Africa, in England, in the neighborhood of the Caspian Sea, and west of the Roi:lcy Moun- tains, in Amerira. In the water of one of these lakes near >Syrophe> TOpol, in the Crimea, Gobel found 16. 12 per cent, chloride of sodium, 2.444 sulphate of soda, 7.55 chloride of magnesium, 0.276 chloride of calcium, and 0.7453 sulphate of potash. The simultaneous occurrence of soluble sulphates, or other chlorides, as well as the correspoDding compounds of bromine and iodine, which has everywhere been ob- serred, is of equal importance as regards the history of its origin, as also of the mode of obtaining sea-salt. Lastly, the water of the ocean — which, from the geological processes concurring in its formic tioD, is necessarily a solution of salt — contains chloride of sodium as its chief saline ingredient. On account of the unequal amount of evaporation, however, the water of the sea has not always the same composition ; thus there has been found in 1000 parts: CUorida of HKlinm ' musmvium . " pouumum • SulplntB of lime " niapi«Ma ■■ BOdS Carbonate oT timo uu) mt^pttdm Total amount of wits Clemm. (N. Sea). 34.84 3.43 1.35 ijao 31.87 Huv«L a 6.66 5.13 4M 39.30 330)0 3.30 0.10 0.98 0:10 SV.TSg to which must be added 6.2 toI. per cent, of carbonic acid, traces of proto-carbonale of iron and manganese, phosphate of lime, silica, bromides and iodides of the melals, some organic matter, and am* nonia. Production of Salt from Sea-UKiter. — It is seldom that artificial evaporation is had recourse to for separating the salt from sea-water; SALT PROM SEA-WATER. 247 it » practised, the same mode is adopted as will be described hereafter with reference lo the brine springs ; sometimes, as in Siberia, frost is made subservient to this object — for salt water separates on freezing, into ice (coataining no salt], and a stronE saline lye; but generally evaporation is effected by ihe air and sun in the "salt rdtns," Fig. 103, which are laid out upon a clay soil on the sea- coasts of southern climates, and being secured from the influence of the tides, are cultivated during the summer months, from about March to September. These salt gardens are nothing more than a series of very shallow ponds, intendea to spread the water over a very large surface with hardly any depth of liquid, so that by increasing as much possible the evaporating surface, the drying action of the air may more fully eicerted, ami salt may be deposited in ihe hindermost pools, whilst the foremost ones are constantly supplied with fresh sea- water. Advantage is taken of the flow of the tide to fill the collecting pond ^, through the flood gate a, to the height of from 2 to 6 feet, in rhich the evaporation begins, hut the principal object of this firM ^pond is, to allow the water to deposit its mud. The pipe h then carries the clear water from the collecting pond (o the perfectly bori- Fig, 103, zontal but very shallow front pool c, e, c, from whence, by means of B second pipe (f, it is circulated through a channel e, e, 16000 feet -k>ng, from this it enters the ponds/,y,y, and lastly runs throngfa the ivpeD channel ^ to a third series of ponds A, A, h. At this point, the ■ evaporation has proceeded so far that the salts begin to crystallize in ' Ae hindermost reservoirs o, o, o, of which there are four rows. From the reservoirs A, A, numerous channels i, i, branch out, which supply the crystallizing ponds o, o. The manner in which the water arrive-s J SMS SALT FROM ROCK-SALT. in these through the glitters in the sides, is clearly shown ia _ dravcia^. The saline incrustation with which the surface of o, o, o, becomes gradually covered, is broken up and collected with rakea into smalt heaps r, r, r, on the sides, and from these the mother liquor runs off into the ponds, o, o, and h, H. W' ben no more salt separates by cr}'Slal]ization,ihe lye is allowed to run off through x into the sea. The salt as at first collected, would cxintaiii too much impurity, chiefly consistingof chloride of magnesium, the smaller heaps r, r, are, there- fore, made up into larger square (m, m), or round heaps (n, n), which are allowed to remain for a time covered with straw. The rain is thus kept off, and the moisture of the atmosphere suffices to liquefy the chloride of magnesium, which is thui gradually separated irad^ the saline mass. ^^| Although the entire surface of the ponds amounts together to many hundred acres, yet lie process depends so entirely upon the sun and wind, that in wet weather the evaporation sometimes entirely ceases. The following analyses of sea-salt show the nature and amount of impurities. ■Si ■SE •5 tt . 1 Lootliif. •1 St U cl li 1 S II? §12- v4 SUt from Su Vhet In Pot- UlgBl, I. Sort . SA.19 IM ^ 0.M 3 43 -_ IL • . . . 8«.ltf ■OJiO — 0.81 3.60 o.io m. "... eao9 7JJ7 — 3.57 8.36 a-iu 'Bnlliii Salt Trom Figuvm* , BU4 3.M 0.70 0.33 4.3 ^ " Ejmingum 03.70 3M LIU 1.30 _. o.ao ' 1 ■■ *■ (cat 1 .Hwiiy. •Bit) ... . M.80 OSO 0.&0 0.10 ^~ o.to , » Rock-salt. — Tlie mode in which salt is obtained from the deposit.^ of rock-salt depends very much upon the locality, upon the depth of the deposit, the price of fuel, the rate of wages, &c. &.c. In some places, it is a mining operation, and is carrteifon by means of shaOs and horizontal galkries, as at Wieliczka in Galicia (where the layer is 500 mites long, 20 miles broad, and 1200 feet deep), near Liver- pool, in Kngland, and in other places. It depends upon the degree of purity of the rock-salt, whether it can at once be brought into the market, or roust first be purified by solution and recrystallization. Near Liverpool, for instance, it is obtained as clear as glass and co- lorless; in general, however, it varies throughout the mass, is often colored red, either from clay or bitumen, and particularly from the same kind of infusoria, which are still jbum) inhabiting salt-lakes. Rose has also observed a particular kind of carbo-hydrogen C, H, in^ the rock-salt of A^'ieliczka, which is enclosed in a high state of coajH densation, and is evolved on dissolving the salt with a peculiar crack- ling sound. Henry fo\ind in the rock-salt from Chester 98.3 per XATTiAX Btm vnxs. » rMH* iBtW pipo. vUtf betvTca tkcw aad At of dw bore froA wwti i»«s dowm. TVu « wide cavitr is gnduUjlcftiBihrbfdtf amiavhiaftciAwMcrwda solvte of Mb H« cwiMMd. Kim, M i cdhic fc«qf tW iJti^ttd wIUmk ^rosW Uj8 b. MR dM Ike SMC tcImm af faik ntar. tW btiv win dieflf "CPT ^ Hf&u flftW And w the canty. IW pviup must, dwrefcce. wofk fnm the htMom of tW canty, ud fte mctioa pipe be suficieoUj deep far tbat pvjpose. TW Talrrs, hovei'cr, Bay be pbeed om^ U^mt vp, beauae dte Ands oti tbe iaaide uji oiAaide vil Whace CKb other, and tbe aololiM af lak anil be m macfa below ^ lerd of tbe water aa in apedfie gwnqr b greater.* At 1900 feet depth of bore, for tDstaace, tbe aalwatcd aobMitMi of aah win of itadf sUad at 1000 lert, and the pump vUl oalj bare to niaeh 200 feet. ^'atMroi Brimt Writs. — Sak wells, which maT thus be aitt&cbdly eonatmcted, an abo tafaentlj CmbmI ready farmnl in oaturr, wbererer a sprioxt danaig its OMiae, baa cone in contact with a bed of rock- salt. It is rare, bowercr, thai tbcae are so highlv saturated as the artificial springs, ahhoogh this is actaally the case with that of Lune« burg, which coDlains 25 per cent.; Iwt ihey are geueralty ttry sU^tly impregnated, or hare become weafceaed by an after a^iitoD of fresh water. This difference in tbe strength, and many other rir- cumstances attending tbe occurrence of salt, will be seen from the ibUowing tabular view : * SpadAe gnmr of ih« Mumcd talmian w tJMMS. lOO p»tti of miuMmI aoMiga^ Ai 1« SA.S3 CUatUt vt ndiam an<atdM« » Unsv, "^tT.iimii, — IT* WM ■ •* Oh-Lmmo. »]aj*to.7ft < - KuMMk — 2S» 8U0 " <• KnpP- — 100" aS^ ' •• rng«r. Qtf-lMmo. And St trrerj Un)p«nm« 27j00 "^ " Fid^ 350 CON8TITDENT8 OP THE BR!l?E-80RIf»CS. Brine «prin8>> Snit (ditorUle or KMlitim) Clllocbtle of pot»i«ium ' magnnium < " cslcium " tkcnmoniuin . " liltuum Bromide of mivneeiiini . '* ■odium luOide of tnociMiuum Sulpbab! at potuh " lime •• •oda . C^booate of limn ** mn^e«ia . " protox. iroD , Kxla . ■* msDK&DeM . Phcwpbaie o( &li»ntiui . A Imtiia* Silfam .... Cronle and Kpocrenio •oid .... Ors&nie numer Ckrbaiiti* ai:iA ^ 0.UU7 0.014 0.339 0.349 0.0 la i).oa« LI.001 LJ.OOI OMtta 0,0« 1^ 0.1«6 3.S3!) 0.004 trace 0JD38 D.0S3 a.ao3 limM mce ojssoasis 0.208 OXtOiOJJOi OjOSO 0.010 uuce OjOfrl Inoa 0.012 0.013 0J)I7 0JOO4 O.lSSlO.005 ojoa4 CMS U.IM [).U0( trace &.007 0.162 J. I I.47S 0,037 imce ttaee O.OLI 1^15 0jO23 rUQl inec tnra a 126 0JM3 0.OU OMi aoo4 Ojooii 0.005 0.004 aijii J oj)43 aeas 0.009 0.090 trace O.ISS D.033 3.00003' 0.080 aaaa 0.036 0J)67 0.001 aois trace trace traee Oj013 0.001 trace iraw Oi«7 traO* 4 vol. 10 naoa (fJO&t 0.008 — OjOOS MM OMt ConstUu^nis of the Brine. — With the exception of Nos. 6 and 10, all the brine spnags meDlioned in the foregoing table are boiled down for obtaining salt. The impossibility, from the lowness of lis priee, and cost of carriage, of conveying salt to a distance, and the dinerent advantages of locality, sufficientJy explain, why in some places very weak brine, and in others brine containing 10 tiroes as much salt, may both be worked with advantage. Thus, for instance, the salt- works at Salzhausen can only be carried nn in consequence of fuel being obtained without cost ; the refuse of the brown coal works upon the same spot t>upplying a source of heat. Borings. — It is sometimes [wssible, by a suitable arrangement of the borings, to bring the brine to the surface by means of natural hydrostatic pres-sure (Artesian). The raising is then efl'ected without the use of machines, and without diluting the brine with fresh water. Borings are also frequently made for the puq»e»se of obtaining the bnne nearer to its source, as at Rodenberg, in the principality of Schaumberg, where a very weak spring (0.6 per cent.) wa« obtained at an 8.5 limes greater state of saturation (5.1 per cent.) by means of a boring. The new salt-work at Prussian Minden is pcruliarly adapted to give an idea of the importance of such undertakiuss. The new bonng there, is 4| inches in diameter, and was begun in BORING POR SALT GRADUATION. 261 tlie lias, and had attained in May, 1843, a depth of 2&15 feet under the surface, and 2105 feet under the leve] of the sea, hariiig passed Ihmagh the new red sandstone formation, and arrived still uoBnished at the Muschelkalk. 84 cubic feet of brine coDtaioing 4 per cent., issue from it per minute; therefore, 567,670 cwts. of salt in a year; the shafl at Schunebeck a^urds in the same time from 20 (o 25; the spring at Artem, 211 cubic feet of brine- Pig. 1&4. The Graduation. — The greater number of brine springs are far loo dilute, with the present price of salt, to repay the cost of evaporation by means of fuel. At .Sal/hatisen^ for instance, the production of I cwt. of salt presupposes the evaporation of 339 cubic feet of brine ; at Schonebeck the annual produce of 575000 c^vt. of salt is obtained by the eraporatioa of 19 mill, cubic feet of water. In all the brine springs, therefore, which are far removed from a state of saturation, the greater portion of the water is removed by evaporation in the air, *' graduation," the smaller portion by " boilinp." The graduation house is intended to distribute the brioe in the 252 GRADUATION. font) of rain, and expose it to the air in this state, whilst the action of the latter is inrreased by stopping and retarding the single drops as they fall. The brine is caused to fall from the trough or cistern Jt^ Fig. 101, info the tank K; the retardation is effected by means of a wall of twigs or thorns /., L, and its distribution in the form of rain by means of a series of perforated tubes and plugs [Gcschwtndstellung), Fig. 10&. Fig. 106. The motive power raises the brine into a large reservoir, generally placed in a tower, whence it must be enabled to flow freely into the troughs .4, OS it is wanted. By means of the horizontal pipes C, C, C, the bnne is conducted in a Ifatn stream to the dropping channel B B, which extends throughout the whole length of the eraduation, and from thence it falls drop by drop upon the wall of twigs L L. This structure is composed of fagots of black-lliorn, placed between the latbwork / /, in a horizontal even manner. The protecting board II prevents the wind, which must pass through the thorns, from giving a wrong direction to the drops which are constantly falling on the outer side. That the air may exert its full influence, (he whole struc- ture for graduation is erected in an airy situatioa, and in a direction at right angles to that of the prevailing wind. It is obvious that this arrangement must expose the extended twf act oiiht brine fora/wyer time to a constant current of air. If the wind changes, and threatens to carry the brine away from the wall and over the structure, the gra. duation must he reversed to the opposite surface of the wall of thorns. GRADUATIOS. 253 Pig. 106. is done by a simple inovemenlof the lever E: for which pur- pose K is attaehfw lo the wooden rtid F F, supporting the boxes G G. The lever brings ihe wootlen rod forward, and wiih it the boxes G are moreti into a position just under the hoHzontal pipes^ so that their narrow lips at the bark project over the cross channels //"//. Thus the brine is intercepted aboi'e the channels Ji, and carried to (he other side, and opposite surface of tlie thorns, by a channel precisely similar to B. That the whole arrangement of spigots, channels, &c., may be easily managed, planks for walk* iog are laid on both sides of ^, and these are furnished with a railing. The erection for grathialiciii here described, as i1 is practi*)pd in Salz- hausen, is known as the "ow- tealied" graduation house, and is used in small works where build- ing material is scarce. The walls of thorns are, however, frequently made in pairs. Fig. ]06, and some- times the outer surfaces m m only are used — "furface graduation;''^ at others, the inner surfaces n nare employed at the same (ime — '^cubic graduation.^* This latter practice does not quite double the effect, but (from observations made at Diirrenberg) It increases it in the ratio of 5 : 8 or 9. Jn each of these operations the brine must be allowed to fall 3, 4, 6, or even 8 tiroes through the thorns. For this reason, the graduation houses are partitioned into several compart- ments, the foremost of which serves for the first, the second for the next fall, and so on. At Schonebeck, the cfTcciivc thorn surface com- prises .390,000 .iquare feet, and evaporates, on an average, during the day 3.7 cubic feet of water from each square ffwt ; therefore, in the year (= 208 working days) the whole evaporates above 44 miUions of hogsheads, of 63 gallons each. According to an oui-fashioned plan, the graduation was effected by distributing the brine over flat, inclined wooden surfaces, {" Prtts- cA«i,'*) or over ropes stretched backwards and forwards for n length of several 10,000 feet.* The thorn walls, introduced into Saxony from Loinbardy, in the year 1559, have in Germany superseded every other plan. 11 is easily undersiorxl that graduation proceeds best with a moderately warm wind and sunshine, that a moist, calm atmo- sphere is less favorable to it, and that in miny weather it is altogether * Tliii% Tni trmnnm. ot Mnulirr. in France, whcra nit i* crjritiiltced duilng llir -whole luintnrr withoni naj rraporaiion bjr lin>, (olelf \ij grailnaiion, ilie bot biinn is cqiimO io imM Iro ur won time* oTct ihvio ropot. » BRIKE. Slopped, whilst the wind, when it acquires a certain force, rs liable To carr}' the brine entirely away from the brine cistern. Krost is iilso prejudicial; for Berzelius obserred, that below — 3° (27° F.) sulphate of magnesia, with a portion of chloride of sodium, became converted into chloride of magnesium, and Glaubera'-saJt — SO, MgO + CI Na = CI Mg + SOj, Na O — and that this ilecom posit ion is not reveraed when the weather becomes warmer. Salt is, therefore, not only lost in this manner, but Ihe quantity of chloride of magnesium is increased, which is detrimental to the boiling process. Graduation is, conse- quently, limited to the more propitious time of the year, and can then only be practised during 200 to 260 days; and the quantity of brine allowed to flow over the thorns must be proportioned to the power of the wind. Nevertheless, a considerable loss is unavoidable during the graduation, (12.4 per cent, at Schoneheck), which is partly occa- sioned by small drops being blown away, and partly from salt era- poraling with the water, which is probable, judging from similar observations made with boracJc acia. At Nanheim, a glass plate, removed to a distance of 600 feet from the building, and placetl upon ft high pole, was found covered, after some time, wiih a thin inrmsti- lion of salt. The changes which the brine undergoes in passing through the thorns are rarious. The carbonates ofihe earths are dissolved in Ihe brine as bicarbonales ; all tbe free carbonic acid, and the half of that rombineil with ihft earths, esrapex, partly in pasMtng through the pumps, and Mill more during graduation; and the earths arc dcpo> sited as insoluble simple carbonates, whilst the greater portion of the gypsum crystalizes in consequence of the diminisb»J amount of water.* In consequence of these depositions, the thorns become gradually covered with a thick coating (tkam stone), consisting of carbonates of lime, magnesia, manganese, and protoxide of iron, with traces of metallic chlorides in variable proportions, which, inasmuch as it at last fills up the interstices, and stops the draught of air, ren- ders it necessary to renew the thorn wall every 5, 6, or 8 years. In the brine cisterns, precipitates of like composition fall as a fine mud, sometimes accompanied by a grayish, thick, scum-like mass, filled with bubbles, which is nearly entirely composed of living infusoria evolving large quantities of pure oxygen. The principal change which takes place in the brine, is naturally the progressive evapora- tion of the water; and the manner in which this progresses, allhou^ variable on account of locality, and the weather, may be seen from tbe following general view of the graduation at Diirrenberg. I r«bic Tool of brio* oommlns |« (ka bavlnninf . XS TIm. u)i AAtr Ae Ant (cradoBiuii U " " ■* *Momil - SA ~ " - Oiinl - H.0 ■■ - ID01!», at tail nF« III »<3 «ub- ti. i>r wQMr - 947 •■ - - ]*« - - For cTrry 100 IhL of islt uc ibcralbrc (vaiKiiMcid is ih« Grd riA^Mttaa VU •. I ■' third " 33 ' Whilst, therefore, the evaporation diminishes, ihe loss in gradua- * Grpsnin, BcooniiDg to B«>rtlurr, i« mm kIuUs In a brine of ({)«ci(U) gmviif 1 .0?3.| uwl ia, ikanlbn^ am HefimxtA ai flnt lV«n very weak brine. 23 «f fcd. peri r>»>-. 1&.«7. flJt l«Ja TV «-r Ml Ac wc Rtidem) indeperxleDt of the irrtgulsr pmgress of gnduatton. Tlinr mode of construction will be se«n in Fig, 107, which is * perpeo- dicaiar section, and Fig. 108, wliich is the hoHzonlal cross teclion kt the he^ifht of the bottom of the pan. Th« pan ^i i-i a flnt, ft>ur-sitJ«l vessel, of Bheet-iroo, with a flat bottom, somewhat decpennl townMs the middle, aud several farboms in length and breadth. Somr an* above 60 feet in length and half that width, others 20 feet square. The bottom of the pan is supported by the small pillars a a a, and the pieces C C C, which are built upon the foutiilation A*, ami Ibm at the same time the flues c c c. The middle wnll J divides the p«a into two halves, each of which ham Its own ^rate, so that the jiim is heated bj two separate fires. The fluex are calculated to ilisseminate the flame as uniformly as possible, which passes out behind at « lo the drying chambers, winch it heats, andtheo escapes by the chimney. This kind of tiring; is called a "circuUituig htwth;" another ktud, in 256 SALT PANS— sen LOTACX. which the 611PS proceed in a radiating mannprfrom the grate, is 1 a ** radiattjig hearth." It is essential to rapid evaporation, that called there Fig. 108. m — .Hi.j, iiKiii, w ^ .f "^S should he a free circulation of air above the surface of the fluid. This is effected by a roof-shaped hootl of boards C G, Fig. 107 ; tketttam or tfa/)or/runA,M'hicb,bangingfrom above, opens intotbe roof of the cham- ber, where (at //) jl is Konnecled with the vapor chimney / /. The lowermargin with which the steam trrinV appears to rest upon ibe pan, is only a series of wooden &hullcrs L L L, which can be turned back as occasion may require, in the manner represented on the right hand in Fig. 107. The external air thus passes in a constant current over the surface of the lluid^ and becomes saturated with aqiieuus vapor, which is carried off in the form of a visible cloud through f, where it partly condenses and collects. This liquid which collects, has been found by experience lo contain, particularly during the boiling of the brine, about 1 per cent, of salt. To preserve this, and to prevent its running back into the pan, conducting lubes leading to a tank are fixed at //. The process of boiling consists of two distinct operations; it begins with the further purificHiion anil evaporation of the biine up to the point of saluralion — \]\e scfilotagc ; and finishes w'ith the crystaliza- tion of the sail — the soccage. Tfie Scfitotage. — When the pans have been rather more than half filled (uji to n n. Fig. 107) with clear brine from the reservoir, in which a deposit is also formed, the brine is brought rapidly into a state of violent ebullition, and tlie evaporated portion is replaced from llme to time by fresh brine. The sunace soon becomes covered with adirty SOCCAGE OF SALT. 257 » brown scum, consisting of decomposed crenic and apocrenic adds, ijli^ a bituminotis matter,* whirh, with the salts prpcjpitnted at the &ine time, collects into a thick mud, aod is partially removed by means of rakes; but some attaches itself to the bottom of the pans (the teale). After 12 or 15 boilings, it increases often 1o the thick- ness of an inch, and must then be brokRii up with chisels. The salts are chiefty ffypsum and sulphatt! of soda, probably in ccmhinalion forming an insoluble double salt, which encloses a considerable (juan- titv of chloride of sodium, and small portions of other metallic chlo- rides; as vrill be seen by the following analyses: ^^^^ CotMUOfl Mild from MouciBT. Pnnffons or tc*t». {[inning. h) Uu) ■Didill*. at tlio M<mtiot. fc Roden- Gjrjtauiti . . • , Commoo ntt Suliitinie of u>tifpi«»n . 2H.(> 24.5 47.3 41.1 HA e,2 10.1 35.7 M.3 1 1.8 20,fl 63.4 3.3 0.8 J 34.7 7.0 ST.ll 0.3 Bulkier. Pfaank. Both these depositions arc, therefore, a new and increasing; source of k»ss during the boiling. In the meantime, the solution of salt be- comes more concentrafea, by the constant evaporation and renewal of the brine, until at last it crystalizes. Imagine a pan containing 1600 cubic feet of brine (therefore, 176 cwts. of salt), to be refilled as often as ^tb is evaporated, after the first addition there will be 176 ■f . — - =: 221 lbs. of salt in the pan, after the second addition 176 + 2 = 2SG lbs., and so on. When, therefore, at the expiration 4 of 20 or 24 hours, a scum of crystals begins to form over the surface, the fire is lessened, until the temperature of the brine falls to 90° (194° F.), or 75° (167" F.), when with slow evaporation the soccagt begins and lasts for several days. l%e Soecage. — During this time the surface is interspersed with small floating crystals which gradually grow into the weU-known 4 sided funnels, and soon sink to the bottom when agitated by the vapor in making its escape. When the pan is kept at a high temperature, the crystals have no time for growing, and salt of a liner grain falls to the bottom; at the lowest possible temperature they remain floating a longer time, and produce salt of coarse grain. In the former case, the process is rapid, in the latter more slow. The process, however, or the temperature of the soccage is not entirely at the command of the workman, because the chloride of magnesium is always a source * SooMUiam roentionetl ai orgtnic matiei in tlte analTKS. 25S CONSTITUKKTS OF COMMON 6aLT. of obstruction when Htlle or no siilpliatc of soda is present. Both salts mutually decompose each athf^r in ihp pan, giving rise to chloride of sodium and sulphate of magnesia (CI Mg + So, NaO = CI Na 4- SO, Mg O). This has been observed in an interestine manner with the brine from liodeiibcrg. The moie concentrated brme vhicb con- tained chloride of magnesium but no Glauber's salt (see Analyses 3), became constanlly covered a]I over its surface, at the ordinary tem- perature of iioceage, with a continuous scum of salt, which could not be permeated or broken up by the vapors, and when removed was immediately refonued and entirely prevented evaporation. Thus no coarse-grained salt could be produced as it is required in commerce: the evil could only be remedied by reducing the temperature, which of course was attended by loss of lime. An effective remedy was accidentally found for this evil, by mixing the weaker brine (in which there is uc chloride of magnesium, but Glauber's sah) with the former, which is no doubt explained by the chloride of magnesium and sul- phate of soda being mutually decomposed in the mixture into chloride of sodium and sulphate of magnesia. The result was the same when sulphate nf soda was added at once wilhoLt diluting the brine by the addition of so munh unnecessary water. During Sunday, when all work is slopped, the crystals may be seen growing large at the bottom {SuTidai/ mlt)t for the salt not being quite so soluble in the cold, a portion is forced lo crystallize, as soon as the temperature is lowered, and this attaches itself to the otber cr}'stals already in the pan. It is evident, that the purity of the salt must diminish gradually towards the end of the process of soccage; thus BerUiier found in the salt of Moutier: % SkIl Chlorido of magne- sium. Gyptiim. SulphMf kilt. Sutphau of Xxls. At the l)«gmiunB In ili« middle . . Towaid* die and . Q4.64 93.S9 85.5 0.01 1.SQ 3.80 For this reason the soccage must be stopped before all the salt is deposited. During llie whole process, the salt is raked up from the bottom with long rakw to the edge of the pan, and placed either in wicker baskets of peeled willow, or heaped upon the boards which are thrown back for the purpose, when in both cases the brine runs back to the pan. The moist salt, either in the same baskets or spread out upon hurdles, is then placed in the drying chamber as long as it Xquvs moisture, when it is packed up for sate. A general view of the nature of the brine, and the mode of procedure in the salt works, does not lead us to expect pure chloride of sodium, and this is con- firmed by the analyses. There has been found, for exaiapic, in stl'- from: MOTIIBR-LiqUnR FROM SALT PAHS. 359 Chbride cif imlium Clilofiilr nf magneiiuin . Chloiiilc nf irnli-iuni StiIphniF of K>la . SnlptoiBoJ' msgnuia . Gjpnun 0.3 3.12 90.45 1.10 91JS7 a.is 9S.07 0.18 o.7.^ OAi} 91.17 0.S9 300 o.as Of all these sails, clilonde of magueaiuni is that which has the greatest influence upon the fjualily of ihe produce, both pn account of its (leliquesceDce in the air and its highly saline taste. For, whilst pure chloride of sodium never attracts moisture from the air, it is vreW known how rapidly ordinary suit becomes wut in damp weather; this is still more evident when the salt htis to be removed to a distance, and is proportionately more rapid when it contains a large quantity of chloride of magnesium. On the other hand, such salt is not unire- qaently preferred in the kitchen to the purer kinds, as less of it is necessary for salting^, Berihier is the discoverer of a very ingenious method of getting n'd of the chloride of magnesium during ihe soccage; slaked lime is to be added to the brine in the pan, imlil the whole of the chloride of magnesium is decomposed (CI, Mg + Ca 0 = CI, Ca -f Mg O) ; on being evaporated further, the chloride of calcium formed is de- composed with sniphate of soda into chloride of sodium and gj'psum (Ca CI + NaO, SO, =. Na CI + CaO, SO,). Of course the presence of a quantity of sulphate of soda equivalent to the chloride of magne- sium is here essentially necessary. The requisite quantity of brine for each process of soccage, leaves, when the process is fmished, a very impure solution of salt whic^, however, is not so had as to be at once rejected. A second, and sometimes even a third rhorce may be boiled down before the residue — mother lirpior — is removpa, which is either used to produce an in- ferior kind of salt, or for other purposes. The following table shows the nature of the mother liquor. AiiKlyvL I'fitnnkiii^h. Bortliin . Bnndcs . III die iiiotbei lifjU&r or Mtrtiiici . . ) UnriA in ) Wcslpb&lin. 'ABS 21.78 18.33 4.85 7.ti» 8.»6 2J^9 1.0S Cj 20.80 7.45 3.21 y-14 u.n 9.S0 i)jO& 1. 1 0.100 0.10 70J0 04.65 73:93 S&.91 In cases where the brine contains iodides and bromides, these, from their high degree of solubility, will be found in the mothut Ut^^w., 260 SALT SPRINGS IN THE UNITED STATES. antif as in Kreuznat.-}], UDna^ and Salzhausen, vrill communicate mtriJicinal projierties to it, which are particularly applicable to the cure of scrofulous iliseases. The quantity of sulphate of soda can be increased by freezing the liquor, and then obtaining it from this, as from the scale by cr^stalizatbn. By evaporating the residual liquor, sulphate of potash may be separated, and lastly the chloride of magnesium is converted by tlie addition of sulphate of soda and heating to 50° (122° F.) into Epsom salts. Both Kpsom and Glau- ber's salt are extensiri-ly used in rapdicinc. [Salt Hj/rings in the United States. — The following are, according' to the report of Dr. L. C. Beck, the proportions of brine required to produce a bushel of salt at the several salines hitherto explored in the United States, including also one in Canada. The most celebral«d localities for the manufacture of salt from brine springs in this coun- try are those on the Conemaugh, in western PemiM'lvauia, on the Kenhawa in western Virginia, and in Onondaga imil Cayuga counties in New York. The salt manufactured in New York Slate in 1841 was 3,134,317 bushels; in 1826 it had been only 827,508 bushels. Hence it increased nearly 300 per cent, in fifteen years. Tablt Voicing ihr numbtr af gallofu i>f lob u<attT prodiuitg a tvthtl of talt in difftrtHt pttrti of [fu t/ttiMf Suta. k U Nanliicb^l nea wnier . '.I!iti Boun'«lkk, -Mwiuuri 4&0 ConomtiuHL, Ptftiiitytvitnia . 300 Shawneotnwn, UUnois . . 'iW Jnckton. Ohiv . . . 213 Louklinri,MiMiMip|>i IHCf iibnvrnnclowi), Vd ^IJne, . I'J.'I SLCatharinr, Ufpar CviitiJa 120 ZuMMTillr', Obtu . . . »3 Kenluiwn, Vit^niiu 75 Grand Rivor, AtliBtiMU Ulllioi* RlTBf, do. MoiiictiuuiiL, N. y., uUl well* Grand Rupids, MicUigui Mutkingum.Oliio . Moi)b->:i)mn, N. Y. (new vrrU) Onumlnan, N. Y.(Didwi:IU) OiiundnKn, N. Y. (dow well(,S]rfB- cu«,J 30M4« Tablt t/taicing lilt mmpatilian of roriouj brina from Onondaga und Cafuga Comttut, Ktm i'ork,in JOoOjwrW. a a i t e s — J. 5 S ^ "3 ^ tn a l-S » » € n e G > B 0 » I ^ s — 5 o '<2 'A If 5 =:0 i 2: Cvbomic autil. (koa 0.07 0.00 0.07 ' 0.08 Ositlc of iiaa, sitica.and . tacie of c»rb. of linke, 0.04 0.0^ 0.ftl 003 0.04 J CafbOKBie of lime, O.IO 0.14 0.17 0.13 ■8.50 0.18 OM ^ Sulpbaie of line, 4.03 .\09 4.7-i 4.04 &36 4.31 ■ Cbluride i( tDBgnniiuRli 0.19 0.4a 0.51 0.77 1.00 0.30 ^ diloridi- pf calcium, 2.03 0.83 IM 1.73 1.40 1.53 n Chloride of Mdium, _j pure tall, 130.06 132J1' 1 40.02 U2.SS 1 73.50 93.35 73.7? a Wnur noi uact of v tuftate mtMtr, 661,39 860.40 853.41 850 3» SI8.00 B98.7S (130.12 87057 Total solid io JOOOgn, 13«.&3 130.53 1M.90 140l54 IfJ.OO 101 .30 7».8« iao.33J NATIVE SODA. 261 SODA. Many of the arts whose province it is to supply the most itnport- aot demands of society, are subservient to the use u-hich is made of soda^ an alkali which thus becomes otic of the chief levers of tnaou- farturing industry. The state in which this substance, commonly called sotUt, is supplied by commerce to the arts is essentially that of a carbonate. Commercial soda may, Ihereforc, be considered cherai- catly as more or less pure carbonate of soda. JSlUive $oda. — In sereral places, but not io any rreat quantity, a roioeral mass is met with io nature, which consists chit;fly of sesqui- carbooate of soda ['2 Na 0 + 3 CO, + 3 aq); it is left as an incrust- ation, when the so-called soda lakes dry up in the summer. Thus in Egypt, to the west of the Delta, and in the neighborhood of Fczzan, it occurs iu layers half an iucb in thickness ; and is called by mine- ralogists TVoTiu. The Mexicans call the same substance Urao when h occurs in their own country, as for instance in a lake near that city. The following is found to be its composition: CooMiiiiAnts. TraoB. From E«ypL From FexniD. Ijiugiei. E]ai>roib. tvUtnta tiiad 8odK W«t« . Salpbou of aoda Cmnmoa (Bit Foreign iaaR«n 14.00 18.33 38.64 COO 32.0 31.6 ao.8 1.1.0 Umo. Bmiaaln- piuh. 4L3S 39.00 I8.S0 0.99 In Hungary, native soda occurs in thiP department of Bichar neat Mariatheresiopel, again in the Lesser KumaniH near Shegedin, where there are already five manufactories engaged in its production, and in other localities. The salt, called there Sziks'i, exudes as a snow while crust u[H)n llie surface of the ground, and is swept up as a paytsh mass mixed with earth at an early hour of the morning before sunrise (when it is said to be most abundant). This soda earth Js treated precisely in the same manner as crude soda, and the ash of plants to the potash manufactories, which will be described below ; it is lixiviated with water and the lye — which contains besides soda, sulphate of soda, chloride of sodium, and earthy impurities — is eva- porated to a saline mass, the coloring extractive matters of which arc destroyed by healing to redness. Native soda forms a very small pro- portion of the enormous quantity consumed in the arts. Hie soda, which is required lomeet this consumption, is prr-pared for the greater part by a chemical transformation of ddoride uf iodium; 362 SODA PROCESS— lirSTOaiCAL. a much sroatlcr quantity is obtained by ihe incineration of c-ertaln TTiarine ptnnls. Jirtijtcial Sndafram Chloride of Sodium. Historicai. — The present mode of carrying on this important manufacture, anil now very gene- rally adopted, was ihe invenlion of Leblanc, anil first carried out on a large scale by him and his partners Dize and Shoe in France. As is well known, this discoverj- created an era in the history of manufac- tures : but the manner in which it was mtide public does honor to the genuine and lutignanimous patriotism which animated, in those linM of danger, the flower of Ihe French nation, before the reYolution i 1789, no other kind of soda was known in France but thai obtainf from marine plants, and this for (he ereater part was imported from' abroiiil, fmm the coasts of Spain. The wars of the republic villi nearly tht- whole of Europe, in annihilating trade, put a slop to this and other equally important resources for native industry. Amongst others, the importalion of potash was stopped. Although in cases of| need, soda maybe replaced by potash in the manufactureof glass and' soap, for the purposes of the bleacher and dyer, &c., yet the pros- perity of these branches of manufacture, at a time when the very ex- istence of the republic was at stake, was of as Htlle moment as the fall of a single soldier in a skirmish. All the potash, therefore, that could be obtained in France was immediately applied to the manu- facture of saltpetre; for the expulsion of the enemy superseded all minor cares. Necessity is always the mother of g'reat deeds, and the republic mastered the difficulty by an unprecedented development of internal power. Thus the committee of public safely, incited by the projMsition of a manufacturer of the name of Carny, in the Y'earll., called upon all citizens, in a special proclamation, to ]dace in the hands of commissioners within two decades, for the benefit of the re- Fif. 109. SODA— 6LAUB£n'S SALT. 263 I public and wiihotit rpganl to all private ends and specalations, what- ever plans and methods of preparing soda migbl be known to them. The report of the commissioners upon all the numerous plans pro- posed by disinterested mamifacturers, declared the process ofLeblanc lo he the simplest and befit calculated for an cxtectRivp sr.iile nf manu- facture ; a decision, the justness of which has been proved hy fifty years' experience, no essential improvements having been made tn the process. It consists in converting chloridt? of soilium into sulphate of soda (Glauber's ssit), and in the further decomposition of that salt. Gtaubtr^s Sait. — The production of Glauber's salt is sometimes carried on in lenden pans, which, for that purpose, are built into re- verberatory furnaces, or rather in furnaces, the soles of which are lined with lead, by heating chloride of sodium with sulphuric acid. Fi^. 109 shows the manner in which a furnace of this Wind is divided behind the bridge a into two separate compartments li and Ji. Id ^, the hinder and less heated part, the decomposition is effected, and in the front chamber B, which is considerably hotter, all the free acid is expelled, the salt melted, and the process completed. Both compart- mentfi arc, therefore, in use at the same time, the one engaged in decomposing the fresh charge, the other in melting the previous charge. The Hame passes from S through five apertures or slits b, b into ./f, and from thence through three other tvider ones r, c into the chimney. Where several furnaces are worked at once, and on the same spot, one chimney serves for all, which must of course be Ini^ io proportion, and the smoke passes into it through subterranean flues. Below the grate rr, at '/, is the ash pit door; above il, at «, is the grate door ; g and A are the working apertures. Apertures cor- responding to e, g, and h, are made also on the opposite side, so that each compartment of the furnace is accessible from two sides. In order that the contents of the leaden pan i i may be easily removed, a part of this is cut away at h, which in the mean time is filled up with clay and bricks. Stones which nre liable lo be too easily acted upon hy the acid vapors, must oot of course be used in the constructioo of the furnace. The charffc consists of from 3 to 8 ewts. of culinary salt or pounded rock salt. It is not absolutely necessary to use the most concentrated sulphuric acid, as that obtained direct from the chambers will answer the purpose. A well arranged soda work, therefore, generally includes a number of sulphuric acid chambers, from which the acid is taken at once (at 52° B.) without being subjected to the extra process of concentration. According to theory, about 85 parts of commercial acid, and from l.% to 137 parts of acid from the chamher ure required for every 100 parts of salt. But as a slight excess of salt is not injurious, Nomewhal less acid is generally used, namely, equal quan- titles of salt and acid. As soon as the furnace is sufficiently heated, the charge of salt is introduced through fi, and the necessary quan- tity of sulphuric acid is measured out in a graduated vessel, and poured upon it through the leaden funnel o. Violent ebullition im- mediately ensues from the evolution of hydrochloric acid, which is still 264 SODA— COXDENSATION OF ACID. further augmented by frequently stirring the mass. At the expiration of about two hours, the evolution of gas census, nnd when the rnasn has bt'come quiet anJ sufficiently Miff to solidity, on cooling, it is re- mo^'ed to fl,that the pan may not be fused, and damaged by the cak'mg of the mass on the application of more heat. In VJit is calcined, i.e. heated Ic> lyunh an extent, that the' remainder of the water and acid are completely expellfd. As soon as the leaden pan is emptied, a fresh charge of salt is introduced, and the process repeated. During the operation itself, anil still moremi clearing out the leaden pan, the workmen are exposed to the injurious effects of the hydro- chloric acid vapors. The •"■'B-i'"- arrangement shown in Fig. 110, is intended to obviate this evil. Instead of raking the charge of the pan out (rf the furnace, it is allowed to frill through an aperture / in ilie bottom — which at other limes is closed by a leaden door — intr> the vault /). When it has sufficiently cooled, the operation is completed in B. By the agency of the water in the sulphnric acid, hydrochloric acid is generated, and sulphate of soda (anhydrous) is produced. For SO„HO+Ci Na = SO, + NaO + Cl H; sodium, therefore, simply takes the place of hydrogen in \hv hydrated sulphuric acid, whilst the hydrogen in coiiibina1ii>n witli chlorine is evolved as hydrochloric acid; 100 parts of chloride of sodium thus afford 62 parts of dry hy- drochloric acid, and 116 and more parts of sulphate of soda; theo- retically there should be 121^ parts. In localities, where there is a sale for hydrochloric acid, and where it can be usefully employed, it is condensed by causing the acid smoke to pass through a series of stone jars containing water (WouIfTs apparatus) before escaping by the chimney. It is then better (»'. e. there is less loss) to use close iron cylindrrK, like gas retorts, for the decomposition, the pipes of which lead to the condensing vessels. Such advantageous conditions are, however, seldom to be met with, and the liydrorhlnric ariti, inKlcjid of being a source of profit, is quite the reverse; and whether it is allowed to escape entirely or is con- densed, its removal is always a source of expense. In condensing with the moisture of the air to aqueous hydrochloric acid, it fails as a cloud and destroys all vegetation tu tlie neighbor- hood, much to the injury' of the inliahitants, giving rise to incessant complaints nnd compensation for damans. An attempt has been made In Rngland, by heightening the chimneys, to carrj- the current of gas into the higher regions of the air, where it was anticipated, that the acid would at least fall in such a diluted state as would tint be iniurioiis. Thus — between Manchester and Liverpool — the coni- cal chimney of .Muspratt rises to a height of 49d feet, being 30J feet SODA— CONDEPfSATIOK OF ACID. MS 1 mU- I Tig. III. ID diameter at the foot, and 11 feet at the top, aad containing lion of bricks in its structure.* Others conduct the acid through a channel filled with dints which are constantly kept welted with water, in order to condense, at least, the greater portion. Others, again, use soft limestones for the same jiurpose, when carbonic acid, which is harmless, is evolved and chlo- ride of calcinm produced. It has further been proposed, lo avoid the evolution of hydrochloric acid altogether, by adding sulphuric acid and zinc to a solution of chloride of sodium in water. Hydrogen is eTolved and the sulphate of zinc produced is converted into chloride of zinc, and sulphate of soda is obtained at the same time. These products can be separated by cr}'slHlization ; and from the mother liquor, lime will precipitate hydraie of zinc, which can be used after- wards instead of metallic zinc. Lastly, some have advocated the plan of boiling a solution of chloride of sodium with sulphate of mag- nesia, and of separating the sulphate of soda from the chloride of magnesium by crystal ization ; the latter can then be converted into carbonate, and by means of g)-psum again into Aulpbate-f . The combination of the manufacture of blear.hing powder with that of soda, as it is carried on in the celebrated works of Tennant at St. Rollox, near Glasgow, is unquestionably the best, although not always practicable, l^e chloride of sodium is there first employed for the erotulion of chlorine, being healed together with sulphuric acid and peroxide of manganese in lead- en vessels. Whilst all the hydro- chloric acid is used as chlorine in converting lime into bleaching pow- der, a mixture of sulphate of soda, protosulphate of manganese, and some free sulphuric acid remains, to which as much common salt is added, as is necessary to saturate the free sulphuric acid, and the whole is healed in a rererberatory furnace.Fig. 111. The small quan- tity of hydrochloric acid which is now evolved, Is (he only portion that ts lost. By heating the solid * "Hiv ohimnrx of Mectn. Taiinant'* aoda works ai St. Rolkuc, Claicow, It (till luf[hrr. \ Vftrinu* other pinna hmvo la^cn propnaed to Mpmr<l« lli*l now gt-ii^nllj «tn- [■ivjrmf, BinoDg whicli we may notii-r thai t>t~ I>fOf nnJ Hrfnininji't Toe mining common hU nnd Hiqiiiar bona 1(1 ommonift; Pooio's far dccomponny oommoD hIi ti^ ntptiato smtnoalii; Fliillip'i Tor employing gii>*n (Tippenm liqoori nrul comtoon suit; ^<pl■■blI^y •ad AbufUMioa tot Duorie and fiumilbic nciils and c<omia«i aU; Lon|{niitJd ibt rouiing pyrites umI aomnton mIi at a low bMi in n rFTcrbrrntory furnacr ; Da Suisex fiii em. phif ing nltnc acid: Til^i>ri>a fbr linntinK rotnmnii (alt nmt •iilphni<> ofiimp in a i'ur> not oT arasm ; and Dudoi for meliinu tulplintv o( iiun vid ammouia in & niv«rt>maiary fuiniti-e. [Hid mcrttiol of R. A. Tilglinuin U deacrtlieil in the Jounuil of tbe Fnnklin Inaiirutff, Sii Svt^ vol. xiT. p^ MS.— Am. Kb] S6€ CONDENSATION OP MURIATIC ACID. melted saline Ria5*i lo rrdnesa lo r rttrrenl of air, lb? manganese and iron salts are decomposed, and the snipliate of soda can be separEtted from ihem by dissolving it out with water; this is then worked as usual in the soda furnace. The same applic»tion, but effected in a less convenient manner, is that proposed by Seybell oml Maugbam, viz., to conduct the hydrochloric acid into a vessel with water and manganese, when chlorine is immediately evolTod. Notwithstanding these propositions, the removal of the hydrochloric acid in an appropriate manner is still one of the most interesting and difficult teclinicnl problems: and it is a remarkable fact, thai the profits of an rstabttshmcnt should be reduced by the production of so useful a substance. If, for instance, the proximity of a salt work aflbnls opportunities of producing sal nmmoniac from siilphiiric acid, ammonia, and com- mon salt, to which Siemens has already called attention, and at the same time sulphate of so<la; this of course is an advantage, and (he following process can at once be proceeded with. In \hf old plan of decomposing common salt, the whole of the mu- riatic acid was allowed to pass off into the atmosphere. Thedestruc- tion to (he surrounding vegctalion, from the etVects of the muriatic acid, soon gave ri.se to repeated demand.s upon the manufacturers for damages ; and in the celebrated cause of the corporation of Liverpool versus Muspratt, even led to the defendant removing his works from the town of Liverpool. Various plans have been proposed to remedy ibis annoyance, and the process which seems most likely to become generally adopted is that of Mr. Bell; but in consequence of other improreraeiils, the application of this process is roodifietl according to circumstances. In those cases where the muriatic acid is not applied to the manu- facture of bleaching powder, and is consequently not required to be of the same sirenglh, the arrangement adopted is shown in I'lgs. 112 and 113. a is an ordinary reverberalory furnace for decomposing Fit- ii». * CONDBltSATION OP HITRIATIC ACID. 267 common sa)t> which is connected by means of a flue b enterinf; at the lower end of a lall square tower built of brick or stone, ctmentnl by a mixture of clay and lar. This lower is divided into two comparl- menls c and d by a partition wall «, and the whole Riled with small pieces of coke. A large supply of waltfr is kejil continually running through several openings of the top of this lower, or condenscrt as it Fl«. 111. I I is technically termed, which streams are still further scatierfd over the suri'ace of the coke, by impinging upou small rounded pieces of stone or brick. At the lower end of the condenser, a flue/ leads to a cistern^ partly Blled with water, which is again connected with an inverted cone or funnel K through which a steam jet i blows into an tinderground flue. The drawing only shows the steam escaping into the air as it was first applied. Fig. 112 shows a section of the ar- nngement, and Fig. 113 a ground plan. The muriatic acid gas, as it escapes from the fumacC] comes in contact with the water falling through the coke, which, from its poros* ity, presents a great surface to the gas in its upward and downward course, and which is thus completely abwrbed in its passage, running oal at last by openings A: A: at tlie bottom of the condenser. The traces of liquid muriatic acjd, which may be carried away by the mechani* cal action of the draught, are retained by the water in the cistern g. The draught through the Birnace and coke condenser is maintained entirely by the action of the little jet of steam blowing through the funnel or cones, and possesses considerably more power for this purpose than the tallest chimney. The steam is so perfectly free from acid vapors, that the face may be fully exposed to it without experiencing the least inconvenience. The use of the underground Hue is simply to condense the waste steam, so that, at the open end, little or no aqueous vapor escapes into the atmosphere. The muriatic acid which runs from the condenser is employed in some cases to generate carbonic acid from limestone, for the manu- facture of bicarbonate of soda, or carbonate of magnesia. A B)odi5catiou of this process, when the object is to obtain strong muriatic acid, consists of the folUmiiig arningemeiits. Fig. 114 is the section of a furnace heated from above and below, in whirJi a shows the position of a cast iron pan, where the common salt is de- 268 CONDEIfSATtON OF STRONG HURtATlC ACID. Pic- 1 14. 1 1 or ■^-^"^^-^^ ^;;;^^^H Fif. Ilfl. composed byeulphuric acid, previous- ly concentralecJ as already Jescribwl up lo" 1.600 sji, gr., and where the muriatic acid escapes through the 0ue /. As soon as the resulting sulphate is KuiTicienily dry, it is removed to the olher bfds of ihc furnace, b and c, where all the reiuaioing muriatic acid is entirely driven off Dj the heat of the fire d. These last traces of mu- rialic acid escapes through the Sue^. The muriatic acid wnich escapes through ihe Hue /, is, of course, free frora all ihe gasea of the burning fuel, ami accompanied by very little steam, in consequence of Ihe strength of the sulphuric acid employed. It passes to a condenser (Fig. 115), in which it traverses the flue / inside of tbe condenser as it were, exposed to the cooline action of the water falling throu^ the coke tn the spaces a b, and hence, when it enters at the bot- tom of the coke column it is compa- laiively cold, and requires much less water for complete condensation. The draught is maintained along with the other arrangements as described in the first instance. The muriatic acid obtained in this way is applicable to the manufacture of bleaching powder. The spent muriatic acid, so to speak, from the beds b c, in Fig. ■ CRUDE SODA— SODA ASU. S69 114p » earned b^ the flue g to another condenser sbovro io Fig. 116, of a more simple construclinn, consisting merelv of Hitemate up and down fiuta of brick, through uhicb the water falls from above. The muriatic acid from the > Fij. 116. condenser is applicable io the same purposes as thai first described. The introduction of the use of the iron pan, and this pUn of decomposition which has prored of so much value in alkali works is due to Mr. John Lee. while the employ- ment of such strong sul- phuric acid in decom- posing common salt is attended with the further advantage of preventing tbe formation of so much hisulphate as usual. Mr. Lougmaid has proposed a plan of man u fact urin|[ sulphate of soda without the previous process of producing sulphuric acid. He nixM common salt and ground pyrites together, ana exposes them to a slow heat in a reverberatory furnace through which a rurrent of dry atmospheric air is forced. A mutual deoompoMlion eusues; the com- mon salt is converted into sulphate of soda, while the chlorine escapes at first in the form of miiriaiic acid, and uliimatelj nearly as pore chlorine. The mixed sulphate of soda and oxide of iron are then balletl in tbe usual way for makini; carbonate of soda. He proposes to remore the muriatic ncid from inc chlorine by brinpng it in contact with a surface of wood kepi moist from the outside, then driiug the chhirine and employing it for the production of bleaching powder. This process has only one defect arising from the slowness with which tbe decomposition of the common salt proceeds; but it presents a plan which, by perseverance in the bands of an able practical manufacturer, would certainly succeed. Crude Soda. — Tbe object of this process is to convert sulphate of soda by heating it to redness with charcoal and carbonate of lime, into carbonate of soda. Wood charcoal ia seldom cheap enough to be used for this purpose ; and small coal, or refuse brown coal, which does not leave too much ash, is substituted for it. Any kiud of lime- stone, chalk, &.C., in which there is not much alumina, may he used as carbonate of lime. Sometimes deposits of a kind of dusty lime- stone, tufa from spring water are employed, which then require no pulverization. According to the original plan, lOO lbs. of sulphate of soda, as much chalk, and &5 lbs. of charcoal should be taken; but the pro- portion of lime is often increased to 110 or 120. The more intimately 270 tODA ASH— BALLING PSOCESfl. the cnnstituentB are toixeil, ibe more complete ami nipul is the action. For this reason, it is necessary to grind ihem beforehand to a coarse powder, and to »if^ and mix them as intimately as possible. The charge, from 2 to 2^ cwts., is healed in a reverberatory furnace, Tig. Ill (p. 265), the sole of which is about 1 0 feet long, somewhat cos- cave, and of an oval shape ; all corners are avoided, that portions of the mass may not collect in them, and escape the action of the fire and the stirring rods. Tlie tiring on the grate a is supplied through the door /, the charge is iniroduccd and constantly raked over in d, from the apertnres i antl fi. For facilitaling the use of the long heavy iron stirring rods and rakes, a roller e is placed in front of ^ as a sup- port. The register p can be entirely dispensed with in this arrange- ment. Sometimes the fur- ^^- "''• naces are much larger and calculatc-d for a charge of 20 cwts. K(!cent experience has, however, shown smaller fur- naces, lilce Fig. 117, with a double working hearth, to be more advantageous. The hin- derniost hearth B is used Mm- ply for heating the mass, and 15 only separated from the melting hearth .4 by having its sole raised one brick above it. \^'}ieD the mass begins to soften in B, it is raked down to ^, and its place immediately supplied by a fresh quantity. Fig. 118 iR a sketch of tlie present plan of balling furnaces as most rtff. 118. economical. There are two furnaces shown, a and b, with fireplaces adjoining d c. Each furnace has three heds,y g h. >Vhilsl the charge is introduced, the register remains half closed, or the draught would carry up a portion with it. Aa soon as the whole is intro<liiced, and the mass property spread over the sole of the fur- nace, the doors are claied (hat the heat with the open register, may exert its full power. In a short time, the surface begins to .M)llen and form into roumlish balls, and this must be the state of the whole maas before the process can proceed. By cautious stirring (that no dust may Ay off) a fresh surface is constantly exposed to hasten the soft- ening, until the whole mass appears to have the consistence of dough. At this period, the actual chemical decomposiiioo begins with a lively SODA A8H— BALLING l>ROC£ES. 171 evolulioa of gas. Numerous bubbles of carbonic oxide buret with « blue dame, and rising with the other products ordecompositian of the coal, set the ixia&s in motion, which roust now be constantly stirred and worked up with the rakes, that all parts may take an equal share in tthe decomposition. At last the mass of soda completely melts, and from the evolution of gas appears to boil; this, however, Eraduallj ceases, and at length the whole is in a tranquil state of fluidity. The decomposition is ihus completed, and it is time to rake out the cntdt xoda (or ball soda) as it is now called, into iron m- heel-barrows, in which it solidifies. During the process, the charcoal and the lime do not art simalta- neously, but consecutively upon the soda salt, so that really (wo dis- tinct nrocesses occur one aiier the other, which cnuld be carried on equally well in two separate furnaces, if the sulphate of soda were first heated lo redness with charcoal, and the product then heated with lime. The charcoal is consumed at the expense of the whole of the oxygen in the sulphate of soda (SO, NaO) formine carbonic oxide, and sulphuret of sodium alone remains, for SO, NaO + 4 Cm 4C0+SNa. Vi'heo this process is completed, the action of the lime begins, _ld an exchange is effected between its constituents and those of be sulphuret of sodium, so that carbonate of soda and sulphuret of calcium are produced (NaS+CO, CaO — NaO, CX), + CaSV If a portion of the lime has been burnt and become caustic before ibis decomposition lakes place, sulphuret of calcium is formed and a cor- responding quantity of caustic soda (CaO+NaS==CaS + NaO) which gradually abM>rbs carbonic acid from the gases in the furnace. The object in vicw^namely the production of carbonate of soda — would thus be obtained, but in an unsatisfactory manner. For, in endea- Toring to separate the soda salt from the difficultly soluble sulphuret of calcium by means of water — which must take place sooner or later — the decomposition under these rirciirastances is reversed, sul- phuret of sodium is again produced and carbonate of lime, and the substances are exactly in the same position as they were immediately after the action of the charcoal. Experience has furnished us a remedy for this evil in using twice as much lime as is absolutely necessary to desulphurise the sulphuret of sodium. This second portion of lime, at the end of the operation, aAer having lost its carbonic acid, forms with the sniphiiret of calcium a peculiar compound which has no fur- ther action upon carbonate of soda under water. If, with Dumas, this compound is supposed to consist of ^ eqs. sulphuret of calcium and 1 eq. of lime, then, there must be used in all : or . ther* ii ■ctaallj utptajBd 2 eqa. sulphate of soda - 1784 — 100 . . 100 8 " charcoal = 600 — 33.6. . 56 3 " carbonate of lime = 1893 — 105.3. . 300 to 110 or 120, whence it is evident, that theory leads to the adoption of the same proportioas as the circumspect manipulation of manufacturers had 272 SODA ASH— BALLING PROCESS. already ascertained to be the best. More coal than charcoal is re- fjuirfd to produce the same effect, and an excess of charcoal is always desirable. A single glance at the theoretical explanation of the soda process is suincient to tihow of how great importance a proper ree:ulalioa of the draught, the uniform mixture of the soflened mass, and tne seizure of the exact moment for its remoTal from the furnace must be to the^ success of an oppration which mainly depends upon a separation of oxyf^o. When it is remembered, that a reverberatory furnace is nothing more than a blow-pipe upon a large scale, in which by means of the draught, a ftame is made to play upon the substance to be heated, it becomes evident, tbat, as on the small scale, with a strong draught, an oxidizing [consuming) action must be exerted, so with a lesser draught oxyj^en must be withdrawn from the heated body, or at least ihi; action can only be slightly oxiiliztng. On the other hand, the metallic snlphurr'ts (sulphuret of sodium, sulphuret of cal- cium] have a powerful afHnily for oxygen. The draught, liierefore, should be so regutated ((he register so placed) that no free oxygen should exist in the flame. Thi;s, however, is not practicable, as great heat is required; the mass must consequently be Icept as short a time aa possible in the furnace, and constantly stirred, whilst the draught is regulated in the most favorable manner. Neverlheless a porliou of sulphuret of sodiuai is always convened into soda sails coulaining some of the acids of sulphur; and sulphate of lime is always formed from sulphuret of calcium, which afterwards gives rise to a second formation of sulphate of soda, becoming converted, in contact with carbonate of soda, into carbonate of lime. Several new processes have been proposed for converting the sul- phate of ifoda into carbonate, some with the view of saving one or more of the steps subsequent to the balling with coal and timeslone, others with the object of recovering the sulphur of the blacLt balls. Amongst these we may notice that of Leighlun for admitting steam among the materials when in a melting state; Shanks for passing carbonic acid through the vat liquors to carbonate the soda; Samuels for converting sulphate of soda into sulphuret, by adding sutphuret of barium to a solution of the former; and Clough for neutralizing the caustic soda by means of silica; but as none of them have been car- ried into practical operations, a reference to the list of specifications, vrhich is annexed, must answer our present purpose. The '*crud« fodo" has the appearance of roundish balls of half vitrihed aah, and forms gray, more or less solid raasHes mixed with particles of coal, consisting of carbonate, sulphate, sulphite, and hy- posulphite of soda, caustic soda, sulphuret of sodium, undecoraposed chloride of sodium, sulphuret of calcium combined with lime, and lime. The following analyses have been very recently made of this pro> duct. COMPOSITtOK OP BLACK B&LIC. 273 eoufotanov or the blace balm from the BALLmc fttrnaces. From CaMcL From Newcuila. Sulphate of soda . 1.99 3.64 Chloride of Eodium 3.54 0.60 Carbonate of soda . 23.57 9.89 Hydrate of soda 11.12 25.64 C'Hrbonaie of lime 12 90 15.67 Sulphuret of calcium . 34.76 35.57 Sulphuret of iron 2.45 1.22 Silicate of magocffla . 4.74 0.88 Charcoal 1.59 4.S8 SaoU .... 2.02 0.44 Water 2.10 2.17 ^ 99.78 100.00 F UuEcer. KichanlfiOD. As the result of experiinent it has been found, that 100 parts of sulphate of soda produce 153 to 168 pntls of crude soda, in which are contained from 50 to 55 parts (32^ to 33 per cent.) of pure, dry, carbonate of snda, whil&t, according to theor)', 75 parts ought to be obtained from the same quantity of sulphate of soda. For many purposes, crude soda is used as it leaves the furnace, and it is consequently an article of commerce. For such purpose a sul- phate of soda is employed, which contains from 10 to 12 per cent, of common salt; this remains unchanged in the soda, and communi- cates to it the property of easily falling to pieces in damp air, thus obviating the necessity for grinding. Sometimes (for instance, to the SOap-boiTers), & certain q:uantity of common salt is desirable. The greater part of the crude soda is converted at once on the spot into pure carbonate of soda — either anhydrous or crystalized. The crystals of this salt are generally a very safe guarantee of its purity, but they contain 10 equtvs., or 62.85 per cent, water. Soda salts (anhydrous), therefore, as well as crystalized soda are both articles of mauufacture. Solution. — As it leaves the furnace, the crude soda is too firm and solid to be easily dissolved out with water. It must, therefore, either be crushed under upright mill-stones and sifted, or loosened and made soluble by hot \'anor. With this view the mass is sprinkled with water in a tolerably hot furnace, where, in the atmosphere of vapor, it soon swells up and falls to pieces. In the subsequent treatment ,«ilh warm water, carbonate of soda and the other soluble salts are taken up, and the compound of lime with sulphuret of calcium re- y mains. ■ The composition of this tank waste or refuse, after extracting the ■ soda, according to a recent analysis of Unger, is as follows : 274 SOLUTION OP BLACK BALLS. Carbonste of time . . J9.56 3 Ca S, CaO . . 32.80 Sulphate of lime . 3.69 Hydrosulplinte of lime . . 4.12 Hydrate of lime . 4.02 Bisiilphuret of calcium , . 4.67 Siilphuret of calcium . 3.25 Hydrate of lime 6.67 Sulpburet of sodium , 1.78 Oxide of iron . 3.70 Silicate of magnesia . 6.91 Charcoal . 2.60 Sand .... . 3.09 Water .... . 3.45 100.31 The whole quantity of water used for (he purpose of solution must be evaporated after Ihe separation of the waste with a corresponding consumption of fuel. AlihoiigS it is of course advantageous on the one baud to use as little water as possible, yet it is equally desirable on the olher hand to dissolve out every particle of alkiili from the residue. In this, as in aU other similar cases, both objects have been attained by one and the Kume iuj^eciious method. The diflicuUy is obvious; if too little water is used in ihe first instancei a portion will remain undissolved; in the opposite case, all the alkali will be dissolved; but^ as at first, the whole solution cannot be drawn ofl', for a considerable quantity is kept back by the spongy residue. It is, therefore, impossible in any case to obtain the whole quantity of solu- ble matter with one portion of water, a 2d, 3d, and 4th portion will be required, each of which will contain a less quantity in solution, so that altogether there will be a vast excess of wiiter. Yhe contrivance by which this difficulty is overcome, depends upon an uninterrupted continuance of the process, and coosLsts in using the same water which was employed for the first infusion, with fresh portions of crude soda, until the solution has acquired the proper strength for boiling. Just in the same manner, every 2d or subsequent infusion can be in- creased in strength, so that none but sufficiently concentrated lye is supplied to the evaporating pan. Suppose that a certain quantity of water has taken up 8 per cent, from the first portion of soda, it will take up HS much more from the second portion, and leave it contain- ing 16 per cent.; it will be drawn ofl' from the third portion with 24 per cent., and so on. Hot water dissolves more ihan its own weight, cold water half as much, still colder water at 8° (47° F.) d)s> solves about 23 per cent, of crystaltzed carbonate of soda. The ar- ' rangement. Fig. 119, shows the manner in which tliese princtplea have been practically carried out. Each of the iron lixiviating cis- terns ,'i .?, is divided by a double partition, and the two halves are connected by an aperture a at the bottom, and another b at the top. SODA— LIXITUTIOV. Fig. Ilk 276 I In each compartment there are two sheet iron boxes n n, pierced with holes in their sides like a sieve; these are filled with erode soda, and suspended just b«low the surface of the water. The great advantage of Ibis arrangement is easily perceptible. The particles of fluid, hs ihey become saturated and hear}', fall to the bottom, and make room for other particles, which become saturated in the same manner. The solution of the sail is thns much more rapidly effected than in the ordinary method, when the crude material collects at the bottom of the ressel, and such currents cannot occur. For the same reason, (oa account of displacement.) the solution of a lump of sugar sus- pended just below the surface of Ifae water is much more rapid than when it Is placed at the bottom of the vessel. In the latter case, the nrup is distinctly seen falling in e^ireaks. A complete apparatus should have 10 or 12 of these boxes placed side by side, and the one raised about 2 inches above the other placed immediately in front of it. In the same manner as the fluid is conducted from the first com- parlment through the lower aperture o a . . into the hollow partition, •ml from thence through the upper opposite aperture h b into the second, so, from the bottom of the latter it enters through the pipes y^ . . the next lower box at the top. The steam pipes A A keep the temperature of the whole at about W° {104° F.), The fresh water always enters the uppermost cistern first; whilst the lowest only is charged with fresh soda; and whilst the water is traversing the whole series from lop (o bottom, the same space, but in an opposite direc- tion, is traversed by the esses containing the soda, which from time to time are removed from one cistern to the other. The water is thus gradually converted into a stronger and stronger lye, until, on reach- ing the lowest cistern, it has attained the proper consistence for boil- ing. On the contrary, the crude soda is gradually exhausted, and parts with the last portion of its soluble salts to the fresh water in tb« uppermost cistern. A lye ist therefore, obtained of pretty uniform strength, in which Ikot only carbonate of soda, but all the soluble salts are contained, and 276 60DA— EVAPORATION OF LYE. particularly siilphuret of sodium; it is Ihen evaporated in leaden pans quite similar to thai represented in Fig. 94. In the mean time, the greater part of the sulphuret of sodium becomes oxidiztfd to hjposul- fihite of soda (NaS becomes NaO, S, O.) ; the other constituents of the ye remain unchanged, and mixed with the soda in diflerent propor- lions, according to the nature of the process. If Ae lye is evajiorated at once to dryness, which ran be done in iron vessels, all ihe foreign matters remain mixed with the soda. For this reason, the same method is generally adopted as in the soccage of common salt. When the strength of the lye exceeds a certain amount, small crystals of monohydrated carbonate of soda fall constantly to the bottom (NaO, CO + aq.)' *"*' these may be collected with scoops, allowed to drain, and are then dried. In this manner nearly all the caustic soda and aulpburct of sodium, as well as the excess of other foreign salt?, re- main in the mother liquor. If this is evaporated and heated to red- ness, mixed with saw-dust or coal-dust in a reverberatory furnace, the sulphur of the sulphuret of sodium escapes (pmbably as sulphuretted hydrogen), and carbonate of soda is produced. The same occurs with the caustic soda, which immediately combines with carbonic acid; the sulphate of soda is reduced at the same lime to sulphuret of sodium, and undergoes in this form a similar change. The same puritication can be practised upon the salt obtained by evaporating the mother liquor to dryness. By far the purest soda is obtained, when the original crude lye, or the redissolveU half-purilied salt is evaporated to the point of saturation, and set aside to cool ; rohl wea- ther is best suited for this purpose. I'he vessels used for crystaliza- tion are made of cast iron, and are generally round; the sketch below shows the manner in which Ibey are arranged io the crystalising bouse, Fig. 120. Under these circumstances, the soda separates in Pi(. ISO. ^^^^i^^ large well-formed cryttals (NaO, CO, + 10 aq.), containing a ^tvr small amount of sulphate of soda, and when freshly crystalized 62.8 p£r cent, water of exystaltzation, which is somewhat diminished in VARIETIES OF SODA. the cnmmerrial salt by the efflorescence to which i( is subject vhen exposed to the air. Comroerciatty, soda is met with in three forms, crude soctOf a desigaation which is also sometimes applied to the saline mass of inspissated mother liquor; salts of soda (soda without water of crj'stallization) ; and crystallized soda. The entire loss of all the sulphur, employed as sulphuric acid, and amounting to ^ of the pure soda, is, with great justice, made an ob- jection to Leblanc^s process. However simple it may appear to em- ploy ihe meaofl at hand — the hydrochloric acid — for recovering the sulphur from the slate-gray residue, which contains about 15percent. in addition to carbon, silica, lime, magnesia, iron, and gypsum, yet it is attemled with peculiar difficulties. In the first place, only 2 equirs, of hydrochloric acid are obtained, and there are 3 equtvs. of lime to be saturated ; even when the observation of (lossage is made use of, ac- cordiog to which moist sulphuret of calcium is easily decomposed by carbonic acid, which can thus be used to assist the action of the hydro- chloric acid, yet it would still be difficult to obtain the sulphnretted hydrogen so free from carbonic acid, that it could be burnt in the sulphuric acid chambers (p. 229); and no other use has been found for it.* Darcet and others have employed the residue mixed with sand as a mortar, or fur covering the paths in gardens, and have found that it becomes hard in the air, and prevents the growth of grass. That all the numerous propositions intended to prevent the loss of sulphur, from Ihe beginning, have failed in superseding Leblanc's method, is probably due to the great simplicity of the latter, and to the low price of crude soda. Some of these, however, are of too inte- resting a nature to be overlooked. Priickner (afterwards Persoz, and still later Poole) produced sul- phate of soda from sulphate of ammonia and chloride of sodium, and converted the sulphate into .-qulphuret of sodium by healing it to red- ness with charcoal, which, on the addition of suboxide of copper, pro- duced sulphuret of copper and caustic soda (NaS + Cuj O «= NaO + Cu,S). The solution of the latter was exposed to a stream of carbonic acid, and thus became converted into carbonate of soda. Ad inge- nious method has been devised to make the sulphuret of copper again subservient to the same purpose. By roasting the sulphuret, sulphur- ous acid and oxide of copper are obtained. The former is carried through ammonia, and the sulphite of ammonia exposed to th(! air until it has become converted into sulphate of ammonia; the oxide of copper mixed with charcoal powder, and exposed to a very slight red heat, is converted into suboxide, and then again used with the sul- phate of ammonia as ut hrst. If the oxide were used, too much hypo- sulphate of soda would be formed. Dyar and Hemming decompose chloride of sodium by means of carbonate of ammonia, in order to produce soda without the use of * The real dilBcultica trc the ruk of ibe workmm, and tbo rapid dmtracuon aC lbs J 278 OTHBR PROCESSES FOR SODA. sulphur (sulphuric acid). %Vheii aAer the interchange of the tcids ill both sails, the carhanate of soda ha5 been separated, the sal-am- moniac in the residual liquid is reronverted into carbonate of ammo- nia by carbonate of lime. The advantage here gained, is the pro- duction of itoda free from sulphur ; the dimculty, however, consists in avoiding a loss of ammonia. To economize the sulphuric acid, the residue from the decomposition of iron pyrites, or the lye from disin- tegrated cockscomb pyrites has been employed (Phillips) for the con- version of chloride of sodium into sulphate of soda. Lastly, Blaac and Blazille have advocated the formation of a soluble silicate of soda, by fusing together chloride of sodium and silica, and converting this into carbonate, by a current of carbonic acid, with the separation of silica; in a similar manner, only with the additional aid of Suoric acid, Maugham produces silicate of soda, and decomposes it by means of carbonate of lime. Anthon's experiments, in which chlo- ride of sodium is mixed with charcoal, silica or metallic iron, and exposed at a red beat to aqueous vapour, lead to no result. Id locali- ties where potash (carbonate of potash) is at a moderate price, the production of saltpetre may be combined with that of smla, by decoro- posing Chili saltpetre (nitrate of soda), and carbonate of potash, into soda and ordinary saltpetre. ^H Before closing the account of the production of soda from comtDon^B salt, we think it desirable to notice cursorily one of the chief outlets for the muriatic acid which is produced in such immense quantities in the soda works, and which it it? now in some countries, and ought to be in all, made compulsory upon manufacturers lo condense. The account of the manufacture of bleaching powder has been reserved for a future chapter of the work, where it will be more filly intro- duced. We think it nevertheless essential to a complete description of the alkali works that a slight sketch of the manufacture of bleach- ing powder should here follow. ^m Blf'iching powder or chloride of lime is a compound of very exteii«^| sive consuutption in the arts, being used in hleauh works, and by calico printers in a great variety of processes for remonng color from their goods. The production of this substance is dependent upon the property which hydrate of lime possesses, in common with the hydrates of the alkalies, of absorbing gaseous chlorine with avidity, and when placed in the most favorable conditions to the extent of about 40 per cent. Chloride of lime was tirst prepared by Mr. Ten- nant of Glasgow in the year 1798, and applied by him to the bleach- ing of cotton cloth. The process requires a chamber in which the hydrate of lime (dr}' or anKydrouM lime abfiorbs no chlorine) is spread out in a layer of about three or four inches in thickness, and chknioe gas generait'ii from another apparatus is caused to fall or pour down upon it from the top of the chamber; in about forty-eight hours the lime has absorbed the full quantity of chlorine to convert it into^J bleaching powder. ^M The chlorine gas is generated by heating together peroxide of^^ manganese and hydrochloric acid. The oxygen of the peroxide^ CHLOniDB OP LIME, OR BLEACHING TOWDER. 279 \ Qoiline with the hydrogen of the acid, forms water, and ihe half of the chlorine is evolred in the free state, whilst the other half remains in combination with the manganese (2 HCl + Mn 0, <= 2 HO -f Ma CI + CI). Fig. 121 is a sketch of the most approved form of apparatus for employing the Tif. lai. Strang Diunaiic ^ acid of the process described above ( p. 267-8 J in the manufucture <rf bleaching pow- der; a is a flat stone still, with a flag stone lin- ing, thus leaving ao intermediate spare A; c is the I acid pipe: d the exit pipe of the chlorine gas which is washed in wattT in the little vessel e, from any muriatic acid, Slc., and litiaUy passes into the ordinary chlorine chamber ^through a small coke column J\ where it romes in contact with a thin stream of oil of vitriol io remove all traces of aqueous vapor. The manganese and muriatic acid in the still are heated by Kteam from the prpe A which occupies the spaced; and a recent patented improvement by Mr. Pattison for introducing steam into the interior of the siill to assist in working ofT the last portions of chlorine, seem to make this whole arrangement most complete and economical. Chloride of lime is a white powder with a peculiar smell, not of chlorine, but of hypochlorous acid; exposetl to the air it gradually abitorbs carbonic acid and evolves chlorine; it is only partinlly soluble in water, leaving a large residue of hydrate of lime. The addition of an acid to chloride of lime causes a much more rapid evolution of chlorine, and the acid combines with the lime. It was at first sup- posed that chloride of lime was a simple combination of lime with chlorine (CaO + CI) until the discovery of hypochlorous acid by M. Dalard rendered it probable that the hleuc-hing subslauce in chloride of lime was hypochlorite of lime. This view has ii^ain been rendered doubtful by the researches of Millon, who is led to suppose that ihc bleaching substance is a combination similar to the peroxides of Ihe metals, in which calcium is unitwi with oxygen and chlorine, the chlorine being substituted for the oxygen of the peroxide. Gay- Lussac and others have also investigated Ihe nature of this compound, but its constitution is still doubtful. Its application to manufactures will be treated in a future chapter. The manganese employed in the pmcess for bleaching powder is rendered comparatively useless after b^ing once united with chlorine* and unlil rcrfntly, when the chloride of mangani'se has been employed for the puriBcaiion oJ illuminating gas (see appendix), it was treatetl 280 RECOVBRV OF WA8TE MACXEHIA. only BS R waste product, the chief expense in the roanufacttire bein^ occasioROi) by the supply of fresh peroxide of manganese from the intnes. A patent was taken out in lt:^4 by Mexsrs. de Sussex and Arrott for recovering the waste manganese, and rendering it again subservient to the production of chlorine. The plans proposed by the patentees bare reference to the chloride and sulphiite nf mangn* nese, both of which are waste products. The chloride is either heated very strongly in fire clay retorts until the whole of the chlorine is driven off in the form of hydrochloric acidt and as free chlorine, leaving the manganese in the slate of oxide, or is exposed on the hearth of a rcvcrberatory furnace to the flatue of bydro^n gas mixed with the oniinary fiame from a coal fire, when the chlorine is expelled as hydrochloric acid, and the deutoxide of manganese is left ; or lastly the chloride is mixed wilh carbonate of lime, and exposed (o the compound hydrogen Haroe, when by mutual decomposition, chloride of calcium and protoxide of manganese remain; these can then be separated by water. The sulphate of manganese is mixed with charcoal, coke or saw-dust, and exposed to a strong heat in retorts of fire clay or iron, when sulphuret of manganese mixed with some protoxide of the metal is produced ; this is then mixed with an addi- tional (juantily of carbonaceous matter, and subjected to the joint action of the heat and atmospheric oxygen in an open retort, and the ^_ whole is thus converted into protoxide. The lower oxides of thea^ metal obtained by any of the foregoing processes, are either fused with about three times their weight of causiic or carbonjiTed alkali, and a manganate of the alkali formed, which may be decomposed by the action of the air, or by carbonic acid passed through it into^^ peroxide of the metal and carbonated alkali. Chlorine may also be^| passed over the moist deutoxide with the view of converting it into^^ peroxide, or, lastly, the lower oxides may be exposed to nitrous gas generated by some other process of manufacture, as in the preparation of oxalic acid, nitrate of lead, Slc, giving rise to the production of the peroxide. It is possible that the use of manganese wdl be superseded in the production of chlorine by a process for which a patent has been granted to Mr. Charles Dunlop of Messrs. Tennant and Co.} Glasgow. The plan proposed consists in mixing common salt with nitrate of soda, and submitting the mixture to the action of sulphuric acid; chlorine and nitrous gas are evolved, and are caused to traverse a vessel containing strong sulphuric acid, by which the nitrous gas ia readily absorbed, and the chlorine passes oiT. A rurrent of atmo- spheric air is now passed through the nitrous sulphuric acid, until the nitrous is converted into nitric acid ; these mixed acids are then made to act upon common salt without any addition of nitrate of soda, and the same gaseous products are obtained as before. The muriatic acid which is produced by the system of condensation applied to the reverberatory furnace in decomposing common salt, instead of running to waste, is likewise employed in the following manner. Bicarbonate of Soda.-^k large cistero formed of stone laid in claj, BICARBUNATE OF SODA. 281 and wfll bedded as shown in £ £ £> Fig. 122, is filial with chalk, and the muriatic acid as it flows from the condensers, is admitted by Piir. I«. the pipe -J. It thus enters the cistern at llie buttum, rises uji through the chalk, disengaging carbonic acid in its passage, and the solution of chloride of calcium escapes at the point C through auottier pipe, similar to that by which *''e- ><3. it entered. The escaping liquid flows off through the pipe J). The carbonic acid gas makes its exit through the opening By whence it is coo- ducted to ihe large air-tight cistern containing the crystalized carbonate of soda. The car- bonic acid cannot escape by any other opening, asthe whole cistern is filled with liquid up to the leTel of C, while this pipe and D are kept full of the liquid chloride of calcium. The pipe A and C are made of stone and fitted into the sides of the^cistero, Fig. 123. The only precaution is to fill the cistern every morning with chnlk. The carbonic acid is conveyed to a lai^e air-tight cistern with a man-hole door in the side, and a small pipe at the bottom of the cis- 582 90DA FROM MARINE fLAMTB. tern to allow the wat«r of crystalization to flow off as the absorptioa of the carbonic acid proceeds. Lai^e masses of cr}-stalizecl soda are piled one upon another in (he cistern, Fig. 124, where a shows the door with the masses of soda cr^rstals. The door is then closed, and the ^as admitted. Considerable heat is evolved, and al the end of ten day.s or a fortnight, the whole is converted into bicarbonate of soda, which is, howev(?r, vtrry damp. The soda is now removed to stoves fitted with wooden shelving, and dried b)' air geotlj heated Id iron pines. A\Tien perfectly dry lo the touch, it is ground between stones in a similar manner to flour, lading care that the motion of the stones is so slow a;i to prevent the evolution of any great heat. Soda from Marine Plants. — It is one of (he specific properties of those plants, which are foimd growing nn the sea shore, or in the sea itself, to imbibe and assimilate the mineral ioj^redients of sea water (p. 246). Thus, for instance, they assimilate the soda of the chloride of sodium, when any function of vegetable life, for instance the satu- ration of an organic acid, requires the presence of a base. Hence, "without reference lo the plants exclusively inhabiting the ocean, as the fucoids, we can understand why the vegetation of the sea shore, namely, certain species of Salsala, Tnglorhisy Salicomia^ Mriplex, Statict^ Batis, Mesembryanthemum, Chenopodium, Reaumeria, &c., should be BO firmly attached to that locality, which they only exchange for the neighborhood of salt springs. On burning these plants, the compounds of soda with the organic acids remain in the ash as carbo- nate of sodn mixed with other salts. Besides carbonate of soda, the ash contains in the form of soluble salts, sulphate and byposulphtte of soda, sulphuret, iodide, bromide and chloride of sodium, ferrucyanide of sodium, and the corresponding combinations of potassium ; besides these, there is an insoluble portion consisting of carbonate and phos- phate of lime, sulphuret of calcium, magnesia, alumina, silica, sul- phuret of iron, and particles of charcoal. In general the ash of sea plants, compared with that of those growing on the shore, is not rich in carbonate of soda, but contains a large quantity of the salts of pot- ash; this general fact is, however, not without exceptions, for Gui- bourt's analysis of the ash of Salsola Ira^us showed it to contain 29.04 per cent, carbonate of potash, 17.89 chloride of potassium, 4.93 sul- phate of potash, 40.36 carbonate of lime, and 7,b8 phosphate of lime and oxide of iron. The following table contains the results of analyses by Schweitzer, Forchhammer, Godechens, and James, 5 i * TspXo ■apiOl aainStm vuiMnuiaij -nsAia]* 8niot((LCiX(oj ■n|n{t» HTin -ancl^io fwpiu^ '■twUtjtim nuviiSiUtijj « sc c6 r> OD r« ^ A Ok I rf — ot ■> I P3 <e n « <n c* Q a o ao — Mi won SI OC" <:i e R la n w o I " w — — 1^ I iSpli I r 1 1 iSi § 384 BARILLA— SALICnU—BLAXqVBTTE. Prtparation of the ^^$k. — The sea-weed is collected at low water] and allowed to dry id the sun, the plants on the shore are mowed down and dried in the same manner. When they have become per- fectly dry, they are burnt to ashes, not however upon level ground. where the wind would blow away the ashes, but in pits, 3 feet deep and 4 feet square, into which the dry fresh weed is thrown as soon as the previous portion is consumed. When the operation has been continued for se^'eral days, the ash in the pits becomes so hot, that it cakes together into a semi* vitrified mass; it is then broken up and fit for use. BariUa. — In Spain, Salsola soda Is cultivated annuatly on the sea coast, and the plants are burnt to produce one of the most valuable kinds of ash. Formerly it was vei^' much esteemed in coromerce under the name of barxUa ; it form^ mlid slag-like lumps of a dark ash gray color, and contains from 25 to 30 per cent, of pure carbonate of soda. In France, which is the chief market for this produce, three varieties are distinguished; barilla itself or touiie lioucty an inferior, kind, soude mitangetf and a third still less prized, sonde bourde, all of which are brought from Alicante; that obtained from Carthagenaj is of medium quality. COHPOSITIOK OF BARILLA OB TABEC 1 C«iwtita«at*. 5 3 9 2 5 1 • * o e a t e a I 5 • s s» U Snlphoieof pau^ . 39.19 42.5* is.eo 2S.0O i5.Ka ».3a 13.50 ChlondeofpoUiilnni — 16.00 19.6-1 — — I0.&5 \SJ>3 16.60 ChlorKleorwKljiim . 60.00 4fi.7S S6.3S 73.30 eaoo 68.36 M.M 66.68 CartMnftieoftoda 3.00 9.63 3,71 6.00 «.oo Incaa 8.76 .ts SulpbaUioflime — — — — — I.IO — — lAMtuble tntcui 3. DO IM .n — — — — — — iracM trtee* UkCM IncM _ iracef InoM KM — — — ,— — .— — Wawr — &.U0 6.00 aj3o 4.00 «.P0 IM 6M 0iun, •100.00 •JOtf-W •100-00 •100.00 •100.00 t99.S6 100JM loajm Salicor. — In the same manner SiUKomia anmia (belonging to family of the Mriplieea)^ is cultivated on the French coasts of Mediterranean (near Narbonne), where, after collecting the seed, plant is burnt to asbes, which is then termed SaHcor, and containaj about 14 or 1& per cent, of carbonate of soda. Blanquette.^S. kind of soda containing from 3 1o 8 percent, is known in commerce by the name of Blairquelte, which is obtained by incinerating all the plants growing on the shores between Frotignan and Aiguemorte ; in the south of France, these are Haiicornia europtta, Salsola traguSt and kali, AiripUx jtorttdacaides and Statice limomum. In former limes, the addition of chloride of sodium to this ash, which already contaiaed it in large quantity, was a fraudulent practice of frequent occurrence. ' AJMljrai*, fay Ginidin. t AnBljMi^ bj T. RicbudMo. TAKEC. KELP— POTASHES. VareCt Ktlp. — Lastly, the ash soW under the name of Var«c or ffWp, which is obtaiDed from sea-weed on the shores of the North Sea — the former also in Normandy^ the latter in Scotland, Ireland, and the Orkneys — can hardly be classed amongst the vanettes of soda; kelp containing only 2 per cent., and Tarec no carbonate of soda at all, but consisting of one half chloride of sodium, and the other half of about eqaal parts chloride of potassium and sulphate of polasb.* Kelp is of similar composition, and distinguished by containing metalHc iodides. In France, rarec was ased by the soap boilers as a good substitute for chloride of sodium, upon which a high duty was levied. In Scotland, kelp is a source of potash salts and iodine. \^lien the lye obtained from this ash is evaporated, the soda and potash salts separate one after the other; the latter are used in the alum works, whilst the mother liquor distilled with sulphuric acid and manganese yields iodine. Dickie found iodine only in those plants which were in actual contact with the sea, or to which sea water was carried by the wind; such were Licfim conjims, UtoHce armtria, and Crrnwaw mc- ritima; on the contrary, no trace of iodine could be discovered in Ramalia seopulonim and Salsola knli, which grow more inland. The fucoidal plants are doubtle;s$ the principal sources of the iodine in the ash. Soda is also produced on the coasts of the Caspian, as well as on the Egyptian and Syrian coasts of the Mediterranean and in Sicily [Itoehttta). I I POTASHES. That which is ordinarily called soda, is a carbonate of the alkali and crude potash, or potash is also a carbonate of potash, and is a substance of no less importance in the arts than soda. Potashes are never obtained by a chemical decomposition of any other potash salr, or as a product ready formed in nature, but always from the ashes of plants. It, therefore, becomes necessary at the outset, to become well acquainted with the nature of these ashes, which have also been much more thoroughly studied, than was the case with those of marine plants. For this reason, the following facts were merely generally noticed on a former occa^on (page 282). The Ash. — The science whose object it is to ioTesttgate life and its phenomena, teaches us that the vital principle in vegetables, re- quires, as food for plants, certain earthy and alkaline constituents of the soil, which appear more properly to belong to the mineral king- dom, and indeed compose its mass, quite as imperatively, only in smaller quantity, as the carbon, hydrogen, and nitrogen, which are supplied to plants by the air and from other sources. Theae consti- tUfota: potash, soda, lime, magnesia, oxide of iron, phosphoric and solphtiric acids are in fact originally contained in the rocks, which, by the destructive influence of the atmosphere, the changes of tempera- ture, &c., have become disintegrated, and their constituents being releasetl fiom intimate chemical combination, have fcmned with the lnd•KUet^S84. 286 RATURE OF THE ASH. remains of decayed regetation what is called the soil. From this source, thererore, plants have to look for this indispensable part of their food. In M-hal inanrier the mineral constituents are disposed of by the vita) agency of plants, what part they play in the vegetable organism, is for Ihi; present veiled in mystery; we only know, and that is here of the greatest importance, that a rery considerable porlion of the saline bafies are in combination with regetable acids in the plants. Thus poCnsh in the vine is combined with tartaric acid, in wood sorrel with oxalic acid, lime in other plants is found combined witb malic acid, &c. When vegetable substances, wood, &c., are destroyed by fire, nil the mineral constituents taken from the soil naltirally remain in a fixed slate, after the volalJIizatioD of the combustibli' matters, formed from the carbon, hydrogen, Sac. This residue is called the nsh, what- ever substances it may consist of. All the vegetable acids, which were fombinftl in the plants with mineral bases, are also burnt and leave carhonatti in their stead in the siih, inasmuch as the bases are of that class which do not lose their carbonic acid by heat, as is the case with the earths. The mode of combination in which the constituents are found in the ash, gives, however, a very inadequate and confused idea of their actual state in the living plant, as the temperature of in- cineration gives rise to violent decompositions, and new combinations.* Up to thi« time, the foUowinc bases hare been found in the ash: pot- ashy soda, lime, ma^tesia, nxtde of iron, and rnatiganese; the acids are : rar6t>nic, tulphuric, phosphoric, and these are accompanied by chlo- rine ;i the absence of aliiraina has always been observed, and is ex< plained by the insolubility of the compounds of alumina contained in the soil, which are thus prevented from entering by the roots of plants.} The extraordinary differences in the quality and quantity of ash. obtained under different circumstances, arise from various causes. Although diHerences of this kind in different species of plants would nut, perhcips, be thought singular, yet il is a remarkable fact, that the aslies of two snecimens belonging to one and the same class are seldom perfectly alike in composition, and arc oflen considerably at variance. The reseanlies which have been made upon (his sub-, ject leave no doubt that plants, in the absence of the one constituent of the soil, can take up some other, which to ihem is of equal value, as regards its chemical action, and that the bases replace each other and act conjointly with reference 1o the functions of the plants. Now as the action of a base is dependent upon the amount of oxygen which • An eilMfTn^ly iotere»iin|[ paper upoa ilii» »iibjw, liy rmfpwor H, Ron\ appr*n«(I iA tbe Clipmiml Giu^^iis for April, IMl, in which \lw fnllaMOU! mMliorl pnniin) in nil r<im>er atmlytr* vf iuIl i« poinleil oul, «uJ » pkii more ciniraTm*U« with tlii< iImupJ ot>)rct adrsnoril. f C(i|>pi?r liM «l*ci been fooml in ihe Mb of clover gwurn in ih« npi((liT>o(l)iuodof M«»- r«M>. I Alumina liu recMiiljr been fbunil in tlie nth oC icvvnl pltnit, by Prinv* Salm- HtirMmar, and iu orcuitence uuMinted for by ilie Diet Ihai llimr plnbt*. in ilic n»h of wliich ii wa* n.niiiil. vxorvi^an »ci<I wliicfa ^iMoI'M til* klumiiui in ili* Kil. SrvChemi- cftl Gfuusiu lot AucuM. lt)4~. 4 NATURE OF THE ASS. 887 it contains, and is, indeed, measured by that quantity, the bases of such ashes — independent of ihat jiortion, which is in combination with the mineral acids — must together contain one and the same quan- tity of oxygen, which, indeed appears proved by the vcrj' close ap- proximations obtained by experiment. In the ash of & fir, Sausaure found 3.6 carbonate potash, 46.-14 carbonate of lime, and 6.77 car- bonate of magnesia. In the ash of the name tree, but from a diOerent locality, 7.36 carbonate of potash, 51.19 carbonate of lime, and no magnesia. In both cases, the oxygen of the acid in these bases is 9.0. The ash of a tobacco plant from the neighborhood of Debreczin in Hungary contained, in combination with carbonic acid, 43.91 pot- ash, 3.40 soda, 41.79 lime, and 10.9 niagne&ia; Ihat of another kind of tobacco, from the same neighborhood, 42.03 potash, 46.97 lime, and 11.00 magnesia, without any soda. The total amount of oxygen in the former case is 24.27, in the latter 24..^7 (Will and Fresenius). But even in the same specimen, as might have been anticipated, the nature of the ash varies with the part of the plant from which it wa.s obtained; different vital functions being performed by dilTerent organs, these have to transform and assimilate other kinds of food, and in variable quantity, and even this again is not uniform through- out the different periods of development and changes of season. Thus Saussure found in the leaves of the oak, gathered on the 10th May, ^.3, on the 27tb Sept. 5.5 per cent, of ash ; in the wood he fmind 0.2 ; in the bark 6.0 ; in the wood of the branches 0.4 ; in the bark of the same 6.0 ; in the inner bark 7,3 per cent, of ash. So in the wood of the white beech 0.6 ; in the sap wood 0.7 ; in the bark 0.7 per cent, of asb. Again, in the leaves of the poplar, gathered on the 26lh May, 6.6; on the 12th Sept. 9.3; tn the wood of the stem 0.8; in its bark 7.2 per cent, of ash. The extent of variation in the nature of the ash obtained from different parts of the same tree, will be evident from the following examples.* " RammrUbvTB has publislied aome very cuiioui [raulu 11)100 tlie power Of tdection ttscned by differoni orgnns ut l)ie mmv pLiint (ire Oivmical Gtxnw, 0:w>b«i I, 1M1). Ha KmumI pcUMli, bui nni n tmci* of uda in tlie «>mI or rape knd pe*N whilsi ttie unw jiMad bodi the nllwlie*, but by far tlie lar)<et portion was bckIk. The nil ugxm which lbs pluua wen pown cvaninvd toih nlbnlie*. Tlie follovtng table ezbibiu Uie point in qua«lioii botu^r than thnt in iJie text, ami Alio MoMOtbevcuriou* tebtionii. The analyMis were condiicteil upnit llie plan reoiiinineiulecl bf ProfeiMot Rote, (aev p. 3M, not«.) /" •Md. Mmw. •eed. •Iniw PoiMh . 35.18 S.I3 43.09 tuo SodK .... — 19.83 _ 19.30 LioiQ . ia.Bi S0.U5 4.77 dO.M MagnniR . Pei>akl« of itou . 0,09 9.&R 8.09 &03 PlicMpIiofic Rnid . 4S.» 4.70 40.S6 9.21 Suiphuiia iciiJ , . 0.13 7.60 0.44 7.01 C«riionic acid . 330 16,31 0.71> 17,36 MariBtio ■Old . 0.1 1 19.93 1.96 7.15 aakteaoid . 1.11 OM 0J33 OdS 288 KATUBE OP THB ASH. Heft Wig. Will awl Fresenius. Carbon«l(> dT soHa ■ pimijh Clilorido o( eolliurn . Sijlplkfilp of iiftiasti . C«fljoi»teof lim« . PhosplMla or liin« . PrvU>]ii(to ortnangB- tiruft Baltic phtwpliale of iran " " ofalumina Solicit . of ttr. 7.12 i 1 1.30 I imce &a.u4 560 3.43 2.90 tnuM 1.04 1.75 S.&5 64.B 0.93 5j03 4.18 1.04 2.24 ■39.09 ia.4i 3.89 yasM 12.36 Pooub Soda . Lima . . . Oxiilc of iron r!iO(ii"lioiii.' acid . ChlonOe of •odium " uffKMmaium Sulpliuiic actil Silica . Ry*. gmin. 17.10 l».06 S.41 1.36 3.84 0.&6 ass MJtO Lastlj, it is worlliy of remark, that the influence of aa extraordiaar soil is sometimes evinced by the composition of the ash. Amongst others, Bdttinger found in the ash of the wood of a fir tree, which certainly was sickly, and growing upon a doleritic soil (in the neigh- borhood of a manganese mine), 15 percent, of protoxide of manganese, whilst in heaUhy wood of the same tree only 2.7 per cent, was obtained.* In general, as will be seen from what has been stated, the herba- ceous plants yield much more ash than shrubs, and these again more than trees. The trunk (wood) in these, contains little ash, the branches and twi(rs considerably more; but the bark and leares afford the largest quantity. Saussure found in the peeled branches of oak 29 eiiue.s as much ash as in the wood, in the bark 30 limes, in the inner bark 36 times, in the sap wood twice, and in the leaves 36 times as much (p. 387); so in the white beech, the sap wood con- tained 1.1 times, the bark 22 times as much as the wood. According to Hertwig, the quantity of ash from the bark of beech is 19 times that from the wood ; (he bark of the fir produces (according to the same observer) 5.4 times, the needles (lesTes] 5.8 times as much ash as the wood. These relations will be still more clearly seen in the following table, which contains all the determinations that are of peculiar interest for the preparation of potashes.f * In tikn manner SKUsiurn ubtninnd rnxn OownrinK veicliiu on smbla Und 12 pm cent, from ihe Mune plniii yrown in diniUed wuier, only 4 pet cent. v( tali. [t fmf. H Ejnmotts, from about \M tinnlfMa of lli« luhes af Amerkan wooda,hH dcviuoDit lb« followintt noiicluaiuni. " ). TbaiUtv |in>[xirtiOii) of b«U in Ujk liinbi and bnuicUn ii gMOtei llian in lliviiMiile wood, «nil EtMti>r aUo in tliu ouuide tli.aii iiuidt; wood. tUough exceptions occut la the laiivr iiifcri'ti'-'o. " 2. In Ibi- hnrk of ibe trunk the laorfnuiic matter acquire the mBzimum praponion. "3. The alLnltn sciuice llieir iiiasimum prapurlion in tlie fruit* and enveloped. "4. Tlie pbo*phaie« acquire tlieir maximum (iioponion in the oulNd« wood, fhiits, ■Dd enTclopea, ** 5. Limi^ IB found in iM mitiimuni proporlion in llie taik. "6. llie plio>tpha(«ii nntl allLaiiea aru Ibuntl in tti«ii iniiiiintUD prgpotuon in lfa« bvk gOt the trunk." — Ax. Ed.] ^^^V KELATiVE AMOUNT OF ASH FROM DIFFERENT TREES. 289 ^H ^^^HHV' Quantity of Aali in 100 pwta : Tana. ■ Species oT trea. pin bartii Ibcftfth. Kanten. .5 1 SauiauiB. i 1 11 1 (kk . . Wood yaun^ O.I 5 aid 0.1 1 3.30 uo 1.97 0.2 ^^ BfBn«h«B ■^ .^ 0.4 _ ^^ ^^M Bbrk __ 6JX) — — tf.O _ ^ ^^B LravM _ — — _ 5.5 1 (CbuoosO — ».50 — — — 07S — ^m IbidbMch. Wood young 0.37 old 0.40 ... o,ai3 0.S8 ^ _ 0.3B ^ Bark .^ ^ ^ ^ ^^ 6.S3 _ M (Cbuo«1) — 3J30 — — — 1.39 — ^H Borobcam Wood you/ig 0.39 old OJS — U4 1.13 0.6 — — ^M S^iwood ^ 0.7 ^p. ^H Baric _ — — — 13.4 ^ ^ ^^1 (Cbaicoftl) — 4.(35 -. — — — — ^^M 4M« . . Wood young 0.3 S old 0.40 — 1.39 — — ^ — ^M Krch . . Wood <M 0.30 1.00 1.07 — _ ^ ^ ^M ChMnxMl ^ ,^- ^_ 0.S0 ^^ ^^1 Scotah Br CP. piOM) Wood 0.16 — 1.6B — — — — H S»*cJ» ^ — ^ _ ^ ^ ^ ^ ^H (Clwrooal} — — — — — 1.11 ^^1 rif<p. 'CUm) . Wood ftyang 0,39 old O^b — — — — — — H ftuk — — — — — 1.78 ^^^1 NoodhM — — — 2.00 ^_ 2.31 ^^H CClwtaal) — 1.24 — — — M4 .~ ^^M Pta» (p. (jlraticn) Wood fmmg 0.13 old ais 0,83 1,80 — t.l9 — — H Neodlu ^ ^ — — nm ^ 6-25 ^^H Sm^ — — — — -^ — ^H rchuNMl) Wood — — — r— Branches 1.30 1.38 — ^^H LinM . . 0.40 S.00 lAb ^ __ _ _ ^^H (Chvood) — . — — 3.«i — ^^1 Pofihtr . . Wood — -_ 1,306 t.S4 080 _ _ ^^H Elm . . Wooh . . Wood — — S.90 — 1. — — ^^1 Aah in 100 pwu: Saavai 1 Elder . 1.64 Benhtei. | Wild roM . 071 HbUetnt ^H tt 1^4 Motlerat Hmb . Ml ^H IIkmI '. OM SMUHin. Grc»n-W6 «d, or Wortlebcnj' . 3JB0 Whin . ■ ^H It 068 Mbllent. Rockla , 1.66 ^B EU»r . i.ie " Blftckbcrr r- ^B Bkrberry 0.71 - Broom MB ^H ^^ JoDtpei IJ4 " Sumach • ^H B J 290 CONSTITUENTS OF JBZ ASH. A>b in 100 pans: Hbbk ^ Potato iiraur , " leaves 15.00 i.ia Brnhi«r. Molicnt. Hatse •iravr (com Stalin) P«aM baim . 5.05 H«rlii^i(. Canp, Item 1.70 Eamwi u u 11.30 BouidnsBBlt. Fom . 2.7J " [I a 8.10 Sftusaure. u 3.90 Mollent • Oat f tnw 5.10 BouMingaulL ti S.l» P<^ut». Neule . . 10.67 PoTtuis. PlaDtoin Icttm . 9.23 AbbciK. Thistle . 4.03 ■ " bfonchM 3.30 RMbM. 4.13 bi Acturi* 9.4a •• WhflUBBnr 4.40 Bonliiot. Vino . . . 4.63 » u ■> 9.00 Souuin^AalL Gr«p« itolk . 8.89 - U H 4.:io Siumr*, Vine piih 7.39 Bl«n«iiu. Rye finw 0.30 Kanuo. Pitw from UKiiber plBC« . 3.57 " By««nw 3.60 BoUHOlgBUll. Constituents oftlxeJith. — The constituents that are found in the asli have already been noliccd in a general way. The basea are united with the acids in such a manner, that the \Fbole appears to be a mix- ture of alkaline, earthy aud metallic aalls, a mode of combtnalioa, which as it exisl.t in the ash, is more probably referable to the heat employed in incineration, than to the vital agency of the plant. If the ash is treated with water, an important separation results; all the sulphates, chlorides (some silicate), and the carhonnles of the alkalies in particular are dissolved — the really valuable portion, therefore, of the alkaline consiiliaents — whilst the carbonates, phosphates and sili- cates of the earths remnin insoluble. In examining ashes, therefore, it must never be omilted lo aKcortain the relation of the soluble to the innoltihle portion, i. e. the value of the ash to the manufacturer of pot- ash. The best amongst the older determinations, are those of Berlhier; of the more recent, those of Fresenius, Hertwig, Bottinger, and others. Aooording id Benhin.* ^ ConKituffnu or iUO |Muti of mil. Cubonio ncid, 'Sulphuric acid Mui»tic acdd . Silicic Mid [■ouah . Soda TogcUier 1U.33 3.65 I.IO 0.B5 0.16 J 10.45 IHJJU 16.W 2M 0.07 0.O] 0.03 13.00 \tA a.3a. * In tho following mbln, tbe entire •guitntity of lli? voluble ooiuiiiuriiia added ya ilM of tti« iiuolubUt. amounis in <Bcb cam io 100 ; but u ibera is iDvoHably ■ loM in wp* rating by annly^tis Uie difierent snbatnncM compo*ingtlii.'a*h, lh(* ndditioo of dM UUmb^ta apinat iiacti cvuititucnt doM act nlwajrf maka up ibat »um ; tfa« deRoiency, th«r»lbr«, Mcbibiti the atnouni of Iom. In tamo cues, however, the deBdeiM^ viwa tnta ifaAj whole of tiic coii*titu«nU not liBviiiK bean estimaiad. CONSTITUENTS DP TUB ASH. S91 'Onbon>c nc-iil . 26.V2 S4.43 87.53 34.9!) 26.&I 37.22 Phofphoric add 8.11 7.22 4.77 O.Tl 6-27 — SilieiiOKiid 4.05 3.30 4.S& 3.36 i.sa 1.03 Lime .... 3t.31 3S.73 35.66 4S.41 39.05 47.78 Mbkiuw* fl.33 5.70 5.8e 0.63 7.15 0.75 Oiido of iron . 1.30 0.0S 1.25 ^ 0.09 — (Hide of mnngnnoM 2.76 5.70 3.77 — 2.60 fi.98 ToeettMt ... 80.78 83.0S 83.70 B8.0 84.5 03.75 CoDfunimtU 1 — I ~ 5 Is <* 1 to _9 ■a § 1 L c E n a ■s 'J^gttlriSMid. 2.U6 2,72 7.7 B 7J4 2.En m Muriade add , 0.81 0.37 1.24 O.S0 3.75 1*7 ai9 0jO3 0.04 0.06 o.»a ^ Silicic Biad 0.17 Q.IG _ O.SB ].og 0.18 £ -l I-W-Wi .... • Swia .... ; 6.55 J 12.72 J 16.80 15,32 22.35 4.41 3.S3 bS L'l'oEnllx!' 10.8 IfljU ltl.8 26.7 500 13,e 'CuhMiiD Boid 35.75 26.04 2417 17.17 10.75 32.77 a I%oq>boric add 2.51 3.61 6.25 3.14 0.90 0.91 Silicfeacid i.m 4.62 *.06 5.97 6.50 4.19 Um» .... '16.53 43.SS 40,70 afi.72 13.60 3S.51 — J MoKDenH I,fl7 3.52 2.03 3.28 4.35 9.50 ^ OxidB or iron . 0.0» 0.42 ■i.n 10.53 11.15 Oj09 1 " mnngaiK^se 0.54 a,w — 4.48 a.75 0.36 Tc«f!tfaer 80JZ 84.0 ai.-j 74.3 fiOil M.4 According Co BcTlliivr. CcxutituenCe i 1 1^ 1 E of 100 paru of Bkli. % £ t£ ^ Catbonii^ ni^iil 8.83 3.11 7.71 DacB 0.26 4.35 1 Sulphuric Bad . 2.09 0,7 B axw 0.20 a97 1,62 i Mumtic Bcid . l.Ol 0X>8 0 13 1.31 0.50 3.10 9 Silicic arid . — 0J18 0.0» 3.53 .•• _ CI ' a Soda 13.16 2.91 1 11.27 InM 5j05 I 2.47 , ' 19.64 1 TagetlK)! . 25,0 15l4 3L5 10,1 4.3 19.0 Oirhonio acid , 31.73 32.33 22.0fl v-v I7JW PIxMplxffio add 1.36 4.19 5.83 1.08 &jB8 Silit'CL' acid a.i9 3.67 2.23 73.36 36.4 15.48 Lime 34 At 37,06 34.57 8.72 30JtB HAgOeaiB . 34H aR4 1.76 OM Oxide or iron 0.38 3.S0 Oils 242 <U0 0,98 — 1.26 } 7.25 { Poiuh. 0.60 TageitK 75.0 84.6 68.5 , B9.9 95.8 71.10 292 CONSTITUENTS OF THE ASH. Accardinf u> Hetrwig. CunitJtuenu or 100 (iiruofuh. ' OubcamU! of ]x>uuh " of tcMla Chloritle i>r (oiliutn SulpLnte oT polaab Silknte oT pccavli TogeUin I 11.73 is.a7 trace 3.4 S 87.77 3jD8 I0.7S 1.96 3.90 12. 1U 13.32 t6.0ft 3S* E I 4.lfi 8.21 4.rt.T 10 75 aa.9i 21.03 I" ■■ of ndft ) Svtphate i Chtondfi of aodiom 2.28 0.91 1 CmUm. of lime 49.M 04,7« 63.33 38.S0 47^1 48^ i 5 Mn^nrsia TJ-l 10.00 1.H6 1.92 4.03 3.7ft Phoap. of lime '-i.'Si 2.71 s.3a B.43 Mfl 5.73 " AIujtnesiH 3.93 O.C< 6.4tS 4.37 a Btuie " of iron D.7U 0.46 0.86 346 o.eu 1.30 H " " alumina t.M 0.84 0.71 IM 3.75 s " *■ inioB»uii- 1.59 — — — — 2 Sil«;n . a, 40 W.l>* msi 7.97 7.81 29.81 Tcveihw . 72.33 9fl.9B ee.3o 65.97 72.18 93^3 rscannci. ■Srxt ■Eawm. It Bje stEKW, Red beech wood. Pirw? wood,* (P. BylveBtriB.) Silkate of f)onuh 6.88 Chlorine . 0.133 . 0.89 ' Sulphate of poUuh 1.75 Silicic acid 1.459 . 3.03 s Chlofid« of potamum 0.95 Sulphuric avid . 1.351 . LM K " lodiuin . 0.50 Phoepfaorid add 0.803 "<* '9 Silirala oflinie . 4.19 Oxide of inn . ■-\ Mngtie»n . . O.70 Lime 63L244 . 31j87 tj Plioiphntcof limo a.&o Mapiad& . 11.27U . 19.71 a *' miiHiiefia 1.28 PoUuh 16.7« . 9.W t^ won 1.47 Soda 3.877 . 16.01 " niangaiiFM inue 19j47 Praiaxide ormanganc •e — . 18.13 £ 'Silk-ate of i>otiuh 931 AlWr the ileductiDD ol '' the carfaoniD uid. " liin« . 3.43 " tiiiu!n««ia 1.10 In one tingle jniint iii!a onlj', in the leedl Pliwpliaiv of iiou . 163 of barley from Prcn di Swiizcrland, hu " maniciuiMe tmee riuorloe been Ibund a a a conalilucn) of ibo •a ^Caiban o.« 60.5C Wlb. What kindi of Plants arc Employed. — It is self-evident that alt the constituents of the ash must be valuable as manure, in proportioa as ihe^ are indispensable to vegetation, or inasmuch as they cootaio everything which arable land requires for the retention and increase of its fertility. In agriculture, where a greater quantity of the mine- raJ conMitucuts are taken from the soil in the crops oad produce, than 1 " Fram a nekl/ tmnk, p. 389. PRODUCTIOK OF ASHES FROU YEAST. S93 I replaced by the soil from its own mass (by constant disintegra- tion), it becomes necessary to return, as far as possible, the substances in question (in the form of manure}. The whole profit, for example* that could be derived by exlracting potash from the ashes of needs grown upon arable land, vould, in other words, be so much deducted from the fruitfulness of the soil. It is a difierent case with forest cul- ture, which, in removing the wood from the soil, does not impoverish it beyond what nature, without the aid of man, is always able to Teplacc. There are, therefore, no great objections to the extraction of pot- ashes from tbe ashes of fire wood, whilst the ashes of other plants can only be used for that purpose, when the othrr interests of husbandry are not materially injured by it.* In some thinly populated countries, as in the north of Lurope, or in the United Stales, wood is in such abundance and so cheap, that it can be burnt solely for the sake of the ash. In the same manner straw and weeds can be consumed in Russia, where manure is of very little ralue. In other countries, on tbe contrary, the production of ashes is only secondary to the produc- tion of heat in sloves, &c. Besides these sources, yeast and the lees of wine are used in the wine districts, in the north of France (at Va- lenciennes), the residue from the brandy distilleries ; and lastly, in Jara, the stems and leaves of the indigo plant, after the separation of tbe coloring matter, are used as excellent materials for the production of potashes. Production of .^thes from the Yeast or Lees of JVine. — The yeast, which is collected into one common vessel, after the wine has been fer- mented and drawn off, is allowed to settle down completely, in order to separate it from tbe remainder of the wine. A thick mud remains, which is brought, about ^ of a cwt. at a time, into bags and pressed. The cokes should be bent in a curved manner afler leaving the press, that they may dry readily and completely in the sun; they are con- sidered dry when they hare become brittle and pulverizable. llie combustion of these cakes of yeast is performed upon a kind of plastered thrashing Hoor, which is surrounded by a square of loose brick work, to keep Ute ashes together. At first this wall is low, but it is heightened as the heap of ash increases. A bundle of twigs is first ignited in the middle, and a few cakes are placed around it, to which others are added as soon as the former are at a full red heat; and this operation is kept up until the stock is exhausted. The great {KHDt is to regulate the fire in such a manner that the whde shall be completely burnt, without creating such a powerful flame as would carry olf particles of tbe ash or volatilize too much alkali. Tbe in- cineration of 1000 cakes of yeast, which together weigh 60 cwts.. * TIhu Hcnntfftidi'* flan of {>litiiiinK wormwood Cut ikc g.'rodaciion of pomh onuioi ha tuictly Mlowttd, &lthauKh thia ptauit will iptiw upon -rcry pooi tail. AononKnt to BMmtxtUl'a own expnimcrnia. one Mm|{ileburg acre (^ 16UU0 aq. fttti) «flard* in a fOmnm time nofM or 90,000 Itx. vtthedty plant, wbich prudncv 93^4 lb*, of aih, nixl flan il 93S.6 ftt.of fomhtt, whkh is cqniTilent to 11.8 pexfient oTMlt, wid -1.7 prr OMit. vT pntoaliM. 394 PRODUCTION OF POTASH. aflbrds on an average 10 cwts. of ash of excellent quality. The leea of wine do iiot produce quite so good au article. The name woad ash (Waidascne) given originflllyto this substance in commerce, as well as 1o the better sorts of ashes, or to ail those which were intended to pass as such, arose from the best kinds of potashes being selected by dyers of blue color to supply the tcoaH tubs. In the JCortk. — From the north, from Sweden, for example, a crude kind of ash prepared in a peculiar manner was formerly brought into commerce under the name of Ochras or Olci'as. For the preparation of this ash, old decayed trees were selected. The wood, split up into billets, was burnt lo ash on the spot, in a low situation protected from the wind, and with as little fire as possible; the ash, having been sepa- rated from charcoal, half burnt wood and stones, was collected toge- ther in a shed. M'hen a suiTicient quantity had been brought toother, it was submitted to a kind of crude calcination. This operation com- meuced by the workman transforming the whole mass by the gradual addition of water and constant agitation with rakes, into a dough, or stiff mortar, which was then arranged in alternate layers with pine- wood, so as to form a sort of pile. Upon a series of billets Arranged on the ground, a layer of this dough was ileiKisited, then another series of billets in a cross direction, another layer of the ash and so on. After igniting this pile, which was several feet high, and in which the fire was urged to its greatest intensity, the nsh oecame red hot and fused ; when this slate had become general throughout, the pile was destroyed and the fused mass stirred about with poles, to which it attached itself for the greater part on cooling. It had the appearance of slag, and was of a bluish color. The production of Potash, — At present no crude ash is brought into the market, like that we have here been describing, but only the potash itself. This is obtained by extracting with water all the toiubte portion of the ash (containing all the carbonate of potash and soda), evaporating the lye and heating the residue to redness. JAxiviation. — The process of lixiviation is similar in principle to that practised with crude soda, but is earned out in a still cruder manner. The tubs used for this purpose, are generally merely tar barrels sawed in half, a number of these are furnished with two cross beams upon which rests a false (siere like) bottom covered with straw, and bifiow this is a plug a; these are called Fig. 125. ,he ash tubs. Fig. 125. In order to facilitate the descent of the lye into the space between the two bottoms, it is as well to introduce a tube 6 at the beginning for (he escape of the Hir. The ash cisterns are arranged in a dou- ble row one above the other; the bindermost upon a scaffolding, and the front set upon wooden stands. Parallel with these and in great part sunk in the earth is a third fore- most row of empty cisterns, " the toeUs." POTASB— EVAPORATION OP TBE LTE. 395 Before charing the ash cisterns* it is necessary to sifl Ihc ash from eoal and charred wood [which are thrown upon ihe fire) and to moisten it thoroughly, that the water may pass through it of uniform strenglh. When all the cisterns in both rows are charged wiih moist ash, which is finnly pressed down upon the straw, that no interstices may be [oA, the Uxiviation begins, and the first cistern in the uppermost row is supplied with a quantity of fresh water. In taking up the soluble portion from the ash, this becomes converted into a strong lye, on leaving a, and being in a fit state for boiling, is immediately brought into the pan for evaporation. In the mean time a second portion of water is poured upon the ash in the first cistern, which is by no means exhausted; a second much weaker lye is produced, which is allowed (a run into the first ash cistern of the second row, whence it also issues in a fit state of saturation for boiling. 'ITie third portion of water is still too weak on leaving the first and second cistenis, and is only fit for Iioiling afler having passed through a third cistern (the second of the upper row), thus every fresh portion of water comes at last in contact with a fresh portion of ash. Whilst the furthermost ish cisterns are at work, those first used can be emptied and refilled. In this manner some of the cisterns are always ready charged for bringing up the lye to (he proper slate of saturation, (it should con- tain from 20 to 2b per cent, of salt,) and as water is poured upon the ash as long as anything is dissolved (which is estimated by the hydro- meter), no portion of the soluble matter, no potash h lost. By treating the ash with cold water, nearly all the sulphate of potash would remain behind; but partly in order to increase Ihe weight of (he potash, partly because the potash in that salt is made av-ailable in many of its appli- cations, it is thought preferable lo use hot water, or at least towards the end of the operation. The simple and appropriate process just described, which is that Eractised at Blansko, in Moravia, is not so generally followed as it might e. In the Odenwald and Hinterland (Grand Duchy of Hesse), tlie imperfect method of solution gives rise, timongst other incouveniences, lo a ^at waste of fuel. In the latter district, the lye with which the pan IS supplied is so weak, that the fire must be kept up for 60 hours, m order to obtain by evaporation from 70 lolOO lbs. of crude potash. Evaporation. — The cast iron evaporating vessels should be tlat, and in the shape of pans, that a large surface may be in contact with the fire, and at the same time expose a large evaporating surface. More space is thus afforded to the workman lor breaking up and re- moving the mass of salt, while (he bottom can be supported in several places. The same arrangement for applying heat as that employed with the salt pans (p. 256) is the most appropriate, and the flame in escaping is advantageously used for warming a feeder, whence the evaporating pan receives its supply. The evai>oration goes ou quickly at first, and the evaporated water is constantly replaced by lye of the proper strength, until the contents of the pan become thick and syrupy, and a hot portion of the lye quickly solidifies to a crystaline mass on cooling. No further addition 2»6 POTASH— e VAPOR A Tin If OP THE LYB. is then made, and the whole is evaporated to dryness at a moderate be&t. In this manner a saline mass is left cont&ining about G per cent, of water, and firmly attached to the bottom. The color is derived from empyreumatic substances, which give a yellowish-brown nppcBfBnce to the lye. The crude polash, or the flux (Fluss)^ has now to be broken away from the pan by means of chisels or axes, and the evaporation is then commenced anew. To avoid this opera- tion, the lye may be evaporated to dryness with constant Ktirrin^, which prevents the salt from adhering to the sides or bottom of the pan, but is by no means a less laborious operation, and aHbrds a salt containing at least twice as much water; the pans, however, are less subject to damage. In Russia two kinds of potash are at present manufactured ; namely that from wood oshs, more particularly in the districts beyond the Wolga, in the government of Xischnt'i-Xovogorod and Kasan ; and that from the ash of straw, and the vegetation of the l^eppes, which Is brought from the south, and is only about 10 per cent. less rich than the former. The production of ash constirutes one of the fiscal duties imposed by the landlords upon the peasaotry in those countries; the method of preparation is consequenlly carried on upon a lai^e scale on the estates; but in a crude and somewhat different manner. The ash (obtained from fire^hearths, and by burniiig the weeds), is three times extracted, and the lye is evaporated in flat copper pans heated by a straw fire, not to dryness, but in the first instance, only to the point of cryslalization, when it is drawn oflT into wooden cisterns. Impure carbonate of potash deposits in brown crystals, which, after being drained are calcined in a mufile furnace (see below). The mother liquor is returned to (he wells. In these countries, the whole value of the straw and brush wood, which is used as fuel, consists ia the asti which it produces. The residue, left after lixiviation, is employed in the glass-houiea for the production of green bottle glass, and is also valuable as a manure, on account of tlie phosphates which it contains. When it has been exposed for some time to the air, the carbonic acid decom- poses the silicate of potash, and on lixiviating it a second time, some more carbonate of potash is obtained, but in much less quantity.* The value of the soluble salt from the ash (the potashes) is much increased, and the salt is rendered more appropriate fur many of its uses, when, as is here and there practised, the ditBcuttly soluble sul- phate of polash is separated by evaporation and cooling from the lye which has been saturated with the soluble part of the ash, and wheo two products, this salt namely, and a better kind of potash, are brought separately into the market : by the plan adopted at present, * Aocotding la m old obMtnMiim, ub which bfti ioog beca kq>t nnd Mored up, pn^ . duce* more potub. A trial Ima ■!«> tiorti mad* to iocmte ilie «iiiouiil of poMah hf whmt w mnnvd ' Gtrmmg" (Kmmnn), vrbiob WDiigtB ia ipmdinic out the lifted and nolMnwd uh upon n lerd ttanr Boot, vrhen il renwiiu expofcd for Krerel monibi^ luid i> ftetiucnll}' wcdcit iind tum^ orn. Both pivciicm mn explained upon the tamo prindpte. 1 CALCIVATIOX OF POTASH. 297 I I I I Ae sulphate of potash which many consumers of potashes do not use at all, U separated bj each of them during purification; it is thus collected in small quantities in diflereut places, and its ralue is lost to the alura tnanuractarer and others. CaicinatioR. — Crude potash, as has already been observed, cod* tains water and empyreumatic substances, which must be destroyed by a red heat, by " ctUawUicn," The calciniog furnace for potash. Fig. 126, diiFifni from aa onUoaTy reTerbemtory furnace in having a Pig. IM. double firing (with the grates a,a, and the ash-pit b and b), which is separated by two narrow iron plates (fire bridges) f,f, from the work- ing or caidmng htarth, (he latter being from 3 to 4 feet wide. The space h is left ojien, that Ihe sole c may be kept more dry, and to economize srone. The arch e is also not necessary, and may be used for any other purpose. The air, which feeds the fire, has access through the ash-pit 6, and the er^te a, to the fuel, and produces a flame which plays above the fire uridges (,f, over the calcining hearth. That the flame may be sufhcienlly long and lively, dry wood in small billets must be used. Before introduring the charge, the furnace should be heated and thoroughly warmed until it is perfectly dry, and no more moisture is deposited in and about it. For this reason it is advisable not to allow the furnace to cool between two consecutive operations, as the warming is a source of much expense. As soon as the furnace has nearly attained a red heat, about 3 or 4 cwts. of the crude potash is broken up and spread carefully over the calcining hearth. The mass now assumes a different appearanne, depending upon the greater or lesser quantity of water of crystalization which it contains, and this is evolved with more or less frothing; when loo much is present, the operation is impeded, inasmuch as the heat can then only be raised very gradually, by constant agitation, the water is driven olT in as uniform a manner as possible. Af^er the lapse of about an hour all the water has been expelled, and the heat must 298 COHSTtTUEXTS OF CALCINED POTASHES. then be iQcreaseil, that the whole mass may become red hot, aod that the air in passing through the furnace may consume the com> bustible and coloriDc; matters. At Ibis period, (he potash takes fire, and burns with a name of slight inlensityt becoming black by the carbonization of tJie combuslible matter; it, however, soon becomes clearer and clearer, until, at length, a sample appears quite white, and free from carbon. An incnistation generally attaches itself to the sole of the furnace. To remove this, Ihe ttame must be allowed to play upon it, when it softens and is easily loosened. The white calciued ash is then removed and allowed to cool ; but must be pack< in close casks before it has bad time to absorb moisture from the air Crude potash loses about 15 or 20 per cent, of its weight in the caU cining furnace. When caution is not employed In managing the heat, and the mass fuses before the combustible matters are destroyed, they become sur- rounded by the fluid salt, and are decomposed, merely leaving their charcoal intermingled with (he potash, which then cannot conse- quently be burnt white. Fortunately, carbonate of potash is difficult of fusion, and this evil can only occur when the ash contains a large proportion of chlorides, which fuse at an incipient red heat. Calciued potash is a hard, light, porous and g^ranular saline mass, the white color of which merges into pearl gray, or becomes yellow- ish or bluish. Single pieces often exhibit blue and red spots on the fractured surface. The red color is caused by oxide of iron, the gray by intermingled particles of carbon, and the blue by the action oflhe alkali upon oxide of manganese, giving rise to a minute quantity of manganate of potash. ConsiituaUs of Calcined Potashes. — Commercial potashes are never completely soluble in water; sometimes a consideraole residue is left, at others only a few light flocks remain ; this partly arises from the imperfect filtration of the lye through the straw in the ash cisteraSt but cliielly from the calcination, in which operation a small quantity of crude ash from the tire is mechanically carried over by the Hame, and deposited upon the potashes. The following substances are tbos» , which have as yet been observed in potashes: S lu (/ut xvlubie portion: neutral carbonate of potash, sulphate of' potash, chloride of potassium, silicate of potash — these are always present : there arc sometimes found in addition, neutral carbonate of tioda, phosphate of potash, sulphuret of potassium, manganate of potasli, bicarbonate of potash, caustic potash, and organic matter.* In the iiisolubU portion there is always silicic acid, and some- times, silicate and phosphate of lime, carbonate of lime, pho^ phale and carbonate of magnesia, oxide of iron, protoxide of manganese, alumina, and lastly, sand and carbon. The caustic pota&h is due probably to the addition of the slaked * Tha obwmiion mnda bjr Pniii«z, ihn iodine Is prmeni in tb« poofbe* ^Vom tb« MoMlIlav nqDim tUnLoi conilrmaiign. C0K8T1TUEKTS OF CALCINBD POTASHBII. 399 limp, and is only fouod in American potashes. The sulphuret of po* tasnum, on the coalrary, is produced by the action of the organic matters, which combine with a portion of the oxygen of (he sulphate of potash. The traces of bicarbonate of potash, which hare been met vith here and there, can only be accounted for by supposing neutral carbonate of [lotash to absorb carbonic acid from the air on being kept exposed for a tenc^h of time. The presence of the other sub- stances is explained by reference to the analyses of ash (p. 290). It must also be stated, that potash manufacturers are in the habit of mixing chloride of potassium — which is obtained from the under lye ID soap-boiling — sand, Slc., with their goods, much to the deterioration of their quality. Hermann found in a complete analysis of the potashes from KasaOf the following ingredients: ( Carbonic acid . . . 27.790 ^Potash 47.455 ^Soda 2.730 Sulphate of potash . 17.062 LChloride of potassium 3.965 VChromide of potassium |Pho5phate of potavh . rSilicic acid .... In the iDiolubta ponioa. Lime 0.054 Alumina .... 0.012 Manganic acid . . 0.013 Silica 0.1.32 trace 0.443 0.344 99.789 Soluble portion 0.211 99.789 100.000 In European commerce, the various kinds of potashes are classilied, either according to the locality whence they arc imported, or accord- ing to the route by which they arrive; thus we have, American, Rus- sian, Turkey, German, Moselle, lllyrian, Saxon, Boliemian, Dantzig* Heidelberg potashes; they are seldom distinguished by their color or appearance, as is the case with pearl-ash. For certain purposes, more particularly pharmaceatical, "purified potajh'^ is prepared sai tartan, which consists of potashes separated from all insoluble matter, and from everything but alkali in rombina- tion with carl>onic acid. Commercial potashes arc then either treated with an equal weight of cold water, the lye strained and evaporated to dr^'ness — an operation which it is often necessary to repeal — or the polaahes are dissolved in 2 parts of boiling water, and the concen- trated filtered lye set aside to cool, that the sulphate of potash may separate. The decanted lye is evaporated again ; when white car- bonate of potash crystalizes this Ls then drained and dried. In the former process, the purified potaah contains nearly all the chloride of potassium, and much silicate of potash; in the latter but little of either of these substances remains. 300 ALEALIMETRT. ESTIMATIOrfl OF THE TALCE OF SODA AJVD POTASHES. (alkaumetey.) The %-a]ue of these two substances to the arts is dependent upoa the extent of their chemical actioD ; this action is solely exerted by that portion of alkali which is loosely combined, and can easily beset free to serve any purpose for which it may be required in manu&c- tures. With the exception of a few instances^ which hare cither al- ready been noticed, or will be meotioaed in the sequel, this is entirely conlined lo tliat portion of alkali which is in combination with car* bonic acid. The value of soda is, therefore, proportional to the quan- tity of ioda contained in the carbonate; and that of any kind of potashes, to the amount of alkali, potash^ in the corresponding salt. A complete chemical analysis would be the surest means of ascer- taining the amount of soda or potash, in either of the crude substances ; but the tediousncss of the operation, the great practice required in maniputation, and the cost of apparatus, render any such method nearly impracticable to the manufacturer. An essential service has, therefore, been rendered by chemistry to the arts, in pointing out a mode of ascertaininc;, with sufhcient exactitude, the amount of soda or potash in the cruue salt, which can be carried out in an ojf-hand manner, without material cost, and which does not require any great amount nf practice or dexterity in its execution. PrincipU* of Alkalimetry. — A« the action of any of the stronger acids, for instance, sulphuric acid, is only extended to those salts, or can at least be restricted to those, upon which the practical use of soda and potash depend, (to the carbonates of the alkalies, therefore,) the common alkalimetrical methods are founded upon the decomposi- tion of these salts by an acid of this Wind. For this purpose sulphuric acid has always been selected as the most energetic and least ex- pensive, as an acid that can be everywhere proenred, which is not volatile at common temperatures, and can, consequently, be weighed or measured without fear of loss. In fact, carbonic acid is completely expelled from its compounds by sulphuric acid. The law of definite proportions will, of course, be applicable here as in every other de- composition or combination. In accordance with this law, 1 equiv. of bydrated sulphuric acid (SO,, HO) « 613.64 is required to unite with 1 equiv. of potash (KaO) = 589.9 contained in 1 equiv. of car- bonate of potash (KaO, COJ = 864,9, in order to convert it into sul- phate of potash, and the same quantity will unite with I equiv. soda (NaO) = 390.9 from 1 equiv. of carbonate of soda (NaO, CO,) — 665.8 in forming it into sulphate of soda ; in each case 1 equiv. of carbonic acid will be Hberated (CO,) « 275.0; or, 100 pMl« ot iMtMli rei]Bit« for MMitr*ILnU0B l<M,3 of hydrUtd MilpkaHc Mtd 100 - - (oda - .. - ua-a " _ caffcanalc UO 1M oTMxIm ftt-IS - >iuir, 1 pan oratwntod cMbonM aciil corrcKmidi witta S14A orcarbonUaoftiMMk. ALKALIMETRY— aAT-LUS8AC>S METHOD. 301 I By ihe oI<Ier methods, the measure applied, to aseertain the value ol' potash or soda, was the quantitjr of stiljiburic add whiili is re- quired to expel ihe wbole of the rnrbonic acid: the idea was first broached by Richter, afterwards put inio practice by ihc French chemist, Decroizilles, in ISOti, and has since been rendered much roorfl applicable by the improvpmcnits of Gay«[jissac." The more recent method of Will and Fresenius makes the quan- tity of carbonic acid ihal is expelled by sulphuric acid, ihe measure of allcalinily, Giii/-Lutsac*t Method.— The peculiarily of Gay Lussac's method, and of those of his predecessors, is, that all weighing operalions arc converted as much as possible into measurements ; and it will also be easily perceived, that the certainty of this test depends chiefly upon the accuracy with which the amount of hydrated sniphimc acid is ascertained in the dilute acid {iest acid) used for saturation. Gay- Lussac attains this by carefully weighing 100 grammes of pure sul- phuric acid of sp. gr. 1.8427 at 15" (S9* F.) aud OG'i.Oa grammes of water,f which on being mixed and allowed to cool [to 15° = 59" F.), exactly occupy the space of 1000 grammes of distilled water, or 1000 C. C = I litre. In making the test-acid, the measure, which is divided from t1iplK)1lom upwards into half C.C, is filled to the upper- most line, to the 0, thf-refore, with test-acid. As this arid contains 100 grammes of hydrated sulphuric acid in 1000 divisions of the measure, the — C. C. of the glass will contain exactly 5 grammes of acid, which, according to the law abovr, will require an equiralentj namely 4.807 of pure anhydrous potash lor saturation. This quan- tity 4.807 i.-!, therefore, wetghi'd from ihe mass to be examined ; if it were pure potash, the whole of the 100 divisions of the test-acid would of course be Just suHlcient; if it only contained one-half lis weight of pure potash, then 60 parts or divisions would be required; if only \th, then 25 divisions; in short, there would be just as much per cent, of pure potash contained in the specimen, as is indicated by the number of volumes of test-acid required for saturation. * On Ihe aiiihAriry of Mr. GrKKn, of tAmtoo, who haa pnKt a grml dMi or ftit«n- tkia lu Uie >lkatimrii]r, nnil wlioop protniinl work u|<od iIibI (ubjpct i> ■iixJou*l}i' looked ibr, we muy muic- thai a very nooureie tnethoJ uf Mlimailng [Lie value of iRimtlm wtu |wbliihe<l hy Vt. t^wit, tiMflya quarter ofKOentury he&rt (be pabliratinii nrRtrhitr > eilMtrinientB, arwl CTin»«ju«iiill)f at a mwli pailiei ]wriDtl Ltian thotn of lM.*iuiz)lltw, a> lh« mult of ibai gi^nil«mai)'* iiivi-niiKa'iun of the flt»i poiavliM inUMluvwl into Ciigland tnna the MfmyofNcw York. The iHimplLlei iJ eniitleil''Ei()«rin)«nuandOb»ervatianB Ml A'Dcricaii fititailicrs, willj an miy iiiFlhoil ut drlifimintuii ifaiiii reapcctiva quatitisiL Bf W. Uwii, M. D, F. R. Sh L>jwiw, ITiH." t That ilie practical man may be fpored ihew wei^lunes. twa gtass flaiki are always ■oUl wirli Gay LiitMc'* aiijinniluA, (lio utie of wliicli wlii-n lllletl u(i lu a ca^rtain iiiailc, iu the narrow neclt, containi al 13° C. exacity Al-Mi C. C. (= lUO Knimmiw) of Hticb inl- phurio acid ; (lie ollirr, Itlkcd in like inannrr U a ccrlniu itinrlt, curitniiu 1000 C C. If the oonivnu of tlii< Oni( ar« pniited into the second, and ic b ibeu filleil up to 1000 C C. wilhtlNtillotl water, wv ohtaiDihe ae<xBaaty lunntitjr of acid of the proper atrciigth; for MCety, it a heiler to add iLe ac-iil gmduiklly to a portiOD of t}ie water, and not tbe water m th« aciil; ibe wlu>le U then flUef up co lOOO C. C 2a 303 ALKALIMGTRT— GAT-LUS8AC*8 METHOD. In testing for sod;i, an equivalent to 5 grammes of acid must dn^ be wcigbeu, which is 3.187 grammes. Small quaniitirs, like 3or4grammes, cannot be weighed with great accuracy upon a common balance; Hay-Lussac, therefore, recom- mends that 10 limes as much should be weighed, therefore, 48.07 potash, or 31.87 soda, and dissolved in so much water that the whole ^al! occupy 500 C. C. "When by means of a pipette, Jlh of this is taken as the test-quantity, the quantity thus measured will be a closer approximation to 4.807 grammes. A glass, graduated into 500 C. C. and a pijiuttewith a mark showing 50 C. C. must be procured fortbis purpose.* The volume of test-acid employed will also indicate the per centagCt without further calculation, when the acid is so apportioned ih&t the measure shall contain 104.2 hydrated sulphuric acid for potR<<h, or 1&9.9 for soda, and each experiment is made with 100 parts of potash or soda. Pure sulpbutic acid, such as is requisite for Gay-Lussac^s method of testing, is not always to be procured, but Otto has shown, that common English sulphuric acid may be substituted, when its power of saturalion has been previously determined. This is then ascer- tained by a previous experiment, and for a large quantity of acid, vrbicb can afterwards be used for a great number of tests. A pre- liminary experiment of this kind is made by testing the arid diluted wiih about 12 parts of water by means of an alkali, or what is the same thing, hy means of a carhonated alWali of known purity; dry carbonate of wxia, which has been prepared by heating the bicarbo- nate to redness, is best adapted for this purpose. If a quantity is taken equivalent to 100 pans of pure potash, 112.8 parts, thprefore, the same result is obtained as if carbonate of potash had been used, which latter substance is much more difficult to obtun pure and in a dry state. All that is now necessary, is to bring the ordinary sul- phuric acid diluted with about 1 2 parts of water into a test glass, and to ascertain (observing the precautions to be mentioned below) how many volumes (dc^ecs) arc required to complete the decomposition of 112.U parts of carbonate of soda. The number of volumes em- ployed will contain exactly 402.02 parts of hydrated sulphuric acid, and if mixed with water so as to occupy 100 volumes, M-e .shall have a test-acid quite similar to that of Gay-Lussac, i. <*. every volume employed to saturate a substance containing 100 parts of potashes, will indicate the presence of f Kth of potash. The same quantity of acid (104.02 parts of hydrate) is just sufliclent to decompose €6.3 parts of soda, and each volume will, therefore, indicate jjgtii of soda, when the test is maJe with 66.3 parts of the substance containing the soda. 1'he measures, which are ^ an inch in width, and gratloated into 100 equal parts, are either made, like Fig. 127, with a side tube, * It DMtl MBfiMly he otAiofA thai nnr other ma^foro oc oj-tum o( weig)iu may ha uicd inalewl of Um: Fronuli, in prwcUvljr Ui* mm* manncf. AU: Jl UH ETRT-^ AT- LCS&Ai:^ F%.UI. r^iii. ^ mhkh is ooBTcuutf, bat to^^ brittle, or eooaia. ot a ample tmbe viti mSoot Fig. 198, IB vlucb.fartbecosreiiieaceof pQOtugttbe gradaa- tion bbe^m m few inches from tlw wp. B The metKod of eoodacdng ilie i^ieraHoa re<iim«* smm q>eo»l K notice. The first ibing to be obsemd u ibe Ter; aaeqval nature of I ibe tuaple to be tesira (pwtiraUHj id pot- " sfibcs), tbe dderauoatkHi of tbe mean quantitT of po^Eb inwhicfa is. the object of tbe test. U tiabeit to take|MCoes£ron£flcrent parts of tbe nnsit poand tbem togrtfaer. and veirii out the test-quaniitT fiom this roixtxire. If this diDald contain so large a propcxtioQ of iosohi- Ue nalter as to affect tbe vobnie of the solu- taoo, of which the tcnTb part has To be men- snredf then, the only plan is to filter and wadi tboroughl}- in the first instance, a precaation wfaichmust always be adopted with wood a$he«. Id this case, it is advisable, oa flccoaot of the small quantity of alkali, to double the weieht of the test-qaantity, aud afterwards to baJve the result. On the addition of sulphuric acid the carbooic acid is not imae- dialelf eroUed, but forms ^^ ^^ andecomposed portion of nlkali, a bicarbonate, until the decomposition has extended to more than the half, anil the iluid has become saturated with carlnnic acid, which then escapes with violent cffervesrcnce; lowanls the end, however, this effervescence becomes so indistinct, that it is impossible to know whether the operation is finisihed or not. Yet the correctness of the experiment depends entirely upon the accurate determination of tbe point of saturation. Consequently tt is necessary to employ a blue rcgctablecoloringmatter, tincture of litmus, which remains unchanged in the beginning; but when J J of the saturation has been effected, or at that period nliL-n the dtcompositiou of the bicarbonate commences, and carbonic acid is set free, becomes of a wine red color, and, at length, when tbe saturation is completed, is colored more intensely red by a very slight excess of sulphuric acid. L'niil the wine red color appears, the test acid may be freely added, but then it must be done more cautiously and towards the end, when the evolution of car- bonic acid has nearly ceased, by two drops at a time (| volume) until no mure gas eiicapeti. At this period the &ee carbonic acid in the fluid renders it difficult to judge with accuracy of the color. In order, therefore, to ascertain whether the reddening is attributable to it, or Id free sulphuric acid, after each addition, n streak upon blue lit- mus paper is made with a glass rod moistened in the test liquid. Ai soon as an ^cess uf sulphuric acid has been emtiloycd, the paper remains red after having been dried, which ia not the case if the red- dening has been occasioned by carbonic acid. Tbis excess of acid, 1. e. as many |^th volumes as there are lusting red streaks, must now be deducted from the Whole quantity used. As the action of the acid 304 ALCALIMETRT— METHOD OF WILL ARD rUBSKllllll. Upon litmus paper is somenbal lessened br the presence of the taU pbate of potash produced, an extra \ volume is deducted in addiiioD. The action of sulphuric acid upon sulphurel of sodium, sulphite, and b}'po8uIphite of soda, which are frequently present in artiBaa) soda, as well as upon sulphnret of potassium, is quite the same as upon the carbonates of the alkalies; these, however, do not at all increase the value o( soda. A test of thi.'i kind, iherefore, shows a higher value for soda than it aefuallj' possesses; an error ■which (ac- cording to GaV'Lussac) mav be avoided, bj prerbuslv heating such a test specimen lo redness with chlorate of potash. Bj this means, the substances named become converted into sulphates at the expenae of the oxygen of the chlorate of potash, which (chlorate) itself remains as chlonde, whilst the carbonated alkali is not acted upon : the h}'posalphite (S,0,) however, produces 2 eq. of sulphuric acid, the one of which decomposes an equivalent proportion of carbonate, which is consequently somewhat under estimated. The opposite action which the silicates and phosphates exert upon (he test acid, and consequently upon the test itself, is unavoidable. For these reft* sons the test for soda, by means of the alkalimeter, cannot entirely be relied upon. Method of HaU and Fr«eni'ui.-=The possibility of ascertaining the quantity of alkdli by determining the amount of catbonlc acid, de- pends upon the fact, that only neutral carbonates are present in pot- ashes and soda, so that each single equivalent of carbonic acid expelled, corresponds exactly lo 3.14.5 of pure potash, and to 3.145 of carbonate, or to 1.4'il equivalents of pur^ soda, and to 2.431 of carbonate of soda. For the sake of MmpHcity, the carbonic acid is estimated by the loss of weight, which a previously weighed apparatus containing the test portion and the acid, experiences, when this acid is expelled. It is necessary in this me- thod, that nothing but carbonic acid should escape during the operation; now although no loss is to be anticipated from the other substances, yet this vola- tile acid cannot pass off from an aque- ous solution, without being charged with aqueous vapor. The inetrnious manner in which this evil is obviated by the ap- paratus of Will and Fresenius, and the manner in which the necessarv tempe- rature is generated in the fluid without the applicatiop of external heat, will be seen by observing its construction, Fig. 129. .? is a larger flask of about 2 ox. capacity, in which the dec'omi>o.'d(ion is Rg. IM. Effected. B that smaller flask some w I contaiuiog English sulphuric acid. Both are supplied with doubly pierced corks for the reception of the three tubes a, c, and d. The tube a is con&ned to the flask .'?, being im- ALKALIMETBV—MBTIfOD OP WtLL AND PRB8BN1US. 305 'SMj^cd below the level of the fluid ; in the same manner d is oolj connected with the dusk It, and only extends just below fhf> corlt. Lastly the lube c enters ihe neck of J} on the one side, but does not extend further, and by a double bend is brought into connection with B, which it enters, dipping into the sulphuric acid. The mouth of a 18 closed by wax during the experiment, so that no orifice is left to the whole apparatus, but the mouth of the tube (/. For weighing the test portion, and the whole spparatuii, nn ordi- nary apothecary^s scale is used. It is one of (he great advantages of this melhml, that the experiment may be mad^ upon a much larger scale than i.« possible in ordinary analysis. By this roeans, this cheap balance, when made to turn with the ^th of a grain, affords quite as much accuracy, as those which are made for scientific pur- poses, and are at least 20 limes as costly; particularly, when such inaccuracies, as may arise from the unequal length of )he arms are obviated, by placing the weight upon the some scale-pan as the sub- Stance or apparatus to be weighud, it having been previously exactly balanced by a counterpoise (double weighing]. As a test-portion, several gramroes of potash or soda previously thoroughly dried over a flame in a small metallic or porcelain vessel, are weighed and introduced by means of a card into the flask ^, which is then filled with water to about ^; the apparatus is then closed by the wax stopper, and brought into equilibrium on the ba- lance by a counterpoise. The decomposition is now induced by suclctng out a small quantity of air with the mouth from the tube a. The air is thus drawn not only from B but also from ^7, both flasks being connected by the tube c; bubbles of air are, therefore, seen passing from ^ through the sulphuric acid. On stopping the auction, acid passes from B into .4 through the tube c. The carbonic acid which is now evolved In Jl with efTervescencc and a rise in tempera- ture, can only escape by the tube c into the flask B, whence it must pass through (he remainder of (he sulphuric acid, and the tube d into the air. This sulphuric acid condenses wiih great energy all the aqueous vapor, and retains everything that the current of gas might possibly carry mechanically with it. When this operation has been repeated several times, the decomposition is completed. There is still, however, a portion of carbonic acid remaining in the apparatus, which was previously filled with air, and some still clings to the aaline solution, which by this time has become cold. Both roust be removed before the apparatus is reweighed.* For this purpose by 8uctbn» as in the beginning at rf, so much sulphuric acid is caused tapass over at once as will give rise to a considerable elevation of temperature in j?, by which means (he carbonic acid in solution is evolved, and with it that portion still clinging to the other parts of the apparatus. For by removing the wax stopper b, the mouth of a is [■ Prol W. Bl Ragen ban i>ror«l Uial even anlpbaru: Bci<I ftlMOrbi Ot oubonio uid iMAtly ia own v<.<tiunet which wuuld render nwi-vMry i)<» heating of ili« v«Mel£b«fbt« ilnviog Kit itiruuKb it lo oompteM Uia openilan. — Am. Ed.] 2a' 306 alkauhetry—metuod of will and FKE«ENIU9. from cf. opened, and air majr then be drawn Ihrou^h Ibe apparatus until all the carbonic acid is expelled. Here too, all the moisture which is removed by ihe current of air tu ^^, will remain in the sul- phuric acid in B. \Wuta the whole apparatus has cooled, it \p placed upon the scale, and the amount of carbonic acid is ascertained by ibe Weights which must be added to re-establish Ihe equilibrium. It has been slated above that 3.145 grammes of dry carbonate of imlasb contain exaclly 1 gramme of carbonic acid; the calculation of the per centage of this suit from the result, is verv much simplified if 3.146 grammes of potashes are always taken as the test-quantity, us every centigrnrame of carbonic acid which has been evolved, will then indicate 1 per cent, of carbonate of potash; if, however, 2x 3.145 = 6.29 grammes are taken, as has been recommended, then 1 per cent, will be indicated by '2 ccnligrammen. In the same manner 2 x '2A'2 = 4.84 grammes of soda mtist be u;«ed. The presence of any salts which are decomposed by the sulphuric acid, but the acids of which are not volatile, have of course no effect whatever upon the result. This, however, is not the case with the sulphurets of the metals,* nor with the sulphites and hyposulphites, the first of which evolve sulphuretted hydrogen, the second sulphurous acid, and the last hyposutphurous acid, which is immediately decom- posed into sulphur and sulphurous acid. Sulphuretted hydrogen or galphurous acid may, therefore, be evolred, which, calculated as car- bonic acid, would erroneously augment the amount of potash (or soda). This, however, is easily obviated by the addition of some jeltow (neutral) chromate of potash, which converts both the volatile acids into sulphuric acid and water, and remains in combination with both, together with sulphur, as sulphate of chromium. If there are carbonates of the earths iu the insoluble portion of the potashes, (he solution must be filtered and the residue well washed, and this must always be done in testing ashes nnd crude soda. An error of an opposite kind, which rectities itself in (.iay-Lussac's process, may arise from the presence of cau.<itic potash or soda. As these evolve no carbonic acid, they wilt not influence the result ob- tained by this process, although both in potashes and soda, they are quite as valuable as the carbonated alkali. To ensure the estimation of these, the test-portion should be previously mixed in a moist state with carbonate of ammonia, and dried at a very high temperature, by which means all the caustic alkali becomes carbonated. If Ibe * H. Rose hM ktvly ihown, tt»t ibe snlphiirvt of wotiiam Kn>l auwUo io6m. in onxla sodft havr one nnd ihia mmB origin. Thoy Me ImiiIi caused by ihs decamiKMitioa of Biilpliuret ul' c«lL-iuin in wilier. A porlton of Chi* ntrlnllic milpliiirrl ij (lwoin[KiM4 Willi the elenl«Ti1i of w-ninr Inm Lyilrvio of Iiitic< iinil iiilplitimiiH hyitmsi-n. which laUer iinilM with onothor poKion of undocompoiMl nilpbnnit, lo form ihn byilioaulpbuiel of ralpl'un'i orcaldiitii, Etotli pmducoi of deminpnixion iiTe pivieni, whm the crude xxla to diMolred out by water, am] ro^oci upon ilic cnibuTiaio of soda in iDck ■ maiuivr, tbu Uie bydrmulpburpt i>f sulphiirtX of calcium, oml Uir hyitmto of Vimr, nm both ccnrened into carboraM of limri, whiUl hydjonilphuTirl nf i.iitphur^ of nodium, »nil a portiun of liydmw of eoda ant producsd. ]n ooDtactwitli t)to nit, the ftmnct (by osUaiioiO i* HmvMtod itito one or oUicr of Ihe bighc* sulphurMs, wluch is IbcQ (bund ia the moilisr liijixn. ALKALIMETRT— METilllD OF WILL ANO FRESERIUS. 307 sulphurct of an allfalioe metal is present, as is the rase to a consid- erable extent iu crude soda, the mass is moistened uilh caustic am- monia instead of with water. The amount of caustic alkali can be ascertained by the apparatus, Fig. 129, although not with very great accuracy, but it cannot be determined at all by Gay-I-nssac's method. Two experiments are retiuired for this purpose, the one made in the ordinary manner, the other after the lesl portion has been treated with carbonale of ammonia. The difference in the amount of car- bonic arid obtained in each experiment will then show the ouanlity of caustic alkali contained in the specimen. Strictly .speaking, the alkalimelric tests are not analyses for jxitash or sodn, but merely ac- curate measurements of the amount of action, which ashes, potashes or soda will produce with an acid. For when both alkalies occur conjointly, which is the case in potashes, and judging from the ash analyses cited, there is more frequently soda present than was pre- viously supposed, this is not indicated by either method quantitatively, or indeed at all. Atthongh for most applications the knowledge of its general action is sufficient, yet in many instances ii is quite as desira- ble to know the exact amount of potash, for instance, in potashes. It must not be overlooked, that tbe mere amount of alkali, however this may have been ascertained, does not indicate the actual value of the potashes or soda, because both, but more particularly the former, take up moisture when exposed for any time to the air. It is conse- quently very necessary to determine the amount of loss which a weighed quantity exj)criences on drying, as well as Its alkali metric value. The measurement of the acids upon Gay-Lussac's principle cer- tainly affords the advantage of very small quantities of acid being contained in a comparatively large space, which can, therefore, be read off' on a long scale: but the accuracy which arises from this is very much modified by the foreign salts with volatile acids, for, if no loM is to be occasioned by tbem, the practical man must be pos- ceased of the means of preventing their action, which presupposes a good knowledge of practical chemistry. Much practice is also required ID distinguishuig the varieties of tint in the litmus paper, and in judging of [he point of sntnrntion. The same applies to the prepara- tion of the test-acid, and everything depends upon the degree of ac- curacy with which that is prepared. It is, therefore, highly probable that the more recent method of Will and Fresenius will be found more easy of execution by those unac- customed to chemical manipulation. Value of Soda-ash and Potashes. — The following tables show the results of some alkallmetrical researches upon different kiuds of soda and potashes given by Will and Fresenius. 308 COMPOSITION OF SODA-JUH AND POTASHES. VARIETIES OF SODA. Y«3low caldneil, Belgian . White Dwim£ aoda, very while* CmwI ■»!«, wliile .... Enitlifh (oila . . . . . White nlaned, front B&cluier nod Wilkina iii StinnBtatll . • SmIu Ctvin Debrerain Whiui calcined, ftotn WiMafvld and Co, in Bannea .... li e 3 I? liule ■woe 2.14 3.0 to 5.2 8.7—4.1 llttl« raadi little noeh Mxne mncti None of the varieties examined, contained carbonates of the earths in the insoluble residue. VAII1£T1E8 OF POTASHES. pfrceni. par cent * 1 p4 t f B a 1 1 1^^ 1 bhrinian, pouilie* . Illyruin I. " . . Jllynan IL - . . •it.9 93.8 10 7.a 14 UeidelberEi potKsh of Frie* .... 6i.a 66j0 0.3 I By means of (lay-Lussac's alkalimoter, the quantity oi pure potash was estimated in the foUon-ing rarletics. dognvti dfgroet. Amohan potubet, Ici v»ri«/, S4 — 58 Rann [>oM*he« ^ , M — U " ■iA u 4R— 52 PoIUl. " . , a5~0O M '• 3d •1 a&— « Ri;3 , . 30 — «0 New Tork •■ IM A J» — 60 TusDAiiy [KKntFicf, )■! ■Wrtciy, 90 — M H •iA M 25 — 45 It l; Zd n 5js— eo .1 3d it 25 — 40 M K 3d H 30- W Addimetrr. — It is obrious, that by rererrfng the process, the alka- Umeter may be used for testing the acids which are employed in commerce, or in fact will serve ihe purpose of an ncidimrier. The o[d established mode of ascertaining the value of sulphuric acidf hydrochloric acid, &x., by the specific gravity, or what is the same thing, by the. deerccs of an hydrometer (generally Beautoe's) will hardly be superceded, on account of its simplicity. In the case of concentrated acids this is much less likely, as the indications of the ' Tbi* nrioty, much prizoil in commcroe, oontuDS, sccording lo nnoth'n ■nalyvi* of Pcnol, ti3 pcf cent, dry cnibunalc of mtdm, Aod 33 par c«Dt. cauMic Kxla. ACIDlMETftY— BORAX. 309 I hydrometer are suilicientlv accnrate. With diluted acids, on the con- trary, like vinegar, &*., the differences in the specific gravity rorre- spondiDir to the diflerences of strength are so small, that the indications of the hydrometer become very indistinct. The indications of this inslmment are rendered still more fallacious by the presence of ex- tractive matters, sails, alcohol, &.c., which either increase or diminish the specific graniy. In such cases the apparatus of Will and Fresenios is more appli- cable. The strenfTth of an acid is thus ileiermined by the weight of carbonic acid, which a weighed quantity f>f it is enabled to evolve. For this purpose bicarbonate of soda dried in Ibe air is used, because, of all similar salts, thi? contains the most carbonic ncid. It is not necessary that it should be perfectly dry or free from exlraneons salts, provided amongst these, there be no neutral carbonate, for example, of soda; and snoidd it contain this, it can easily be separated by washing with cold water. When the acid to be heated has been weighed, diliile<l with water, and inlrodiiceiJ into the flask A, Fig. 129, a glass tube in the shape of a thimble, short and closed at the end is filled with bicarbonate of soda (in excess), and this is hung by a silken thread between the cork and neck of the flask, in such a manner that the salt and acid do not at once come into contact. Ordinary concentrated sulphuric acid is placed in B. In this slate the apparatus is placed in the scale with a counterpoise, and by a quick removal and re-inserlioii of the cork, the little tube is dropped into the acid. The decomposition is accelerated by agitation. When the operation is finished, the carbonic acid still remnining in the fluid roust be removed; but this cannot be done by causing concentrated acid to flow over from fl. The flask ^ is, therefore, placed for a few minutes into hot water, and air is drawn through the apparatus until all the carbonic acid is removed; it is then dried and weighed when cool. Every equivalent of carbonic acid that lias been expelled, indi- cates an equivalent of hydrated or anhydrous acid in the specimen tested. BOB AX. V The salt which is sold and consumed under this nam<>,' is the bibo- rate of soda (NaO, 2 IK),), which, with b or 10 atoms of water of crystalization, forms the two kinds of crystalixed borax of commerce. That which contains 5 atoms of water (NaO, 2 BOj + 5 aq,), is called octahedral borax, on account of the octahedral form of the crystals, and is the rarer of the two; it contains, in its pure state, 30 per cent, water. This salt hHs only lately been dislingtiisbed by Payen, from the well-known variety with 10 atoms of water (NaO, 2B0^ + 10aq.]i which Rr)'slalizes in prisms. The water, in the former, amounts to 30.9i in' the latter to 47,2 per cent. * Bonx if ilrrivpil rntm tlir Anliinn wonl baum-li ; AHTiccIn milt Bonu Cliryuoolla, gold cemoaL aa Bcooant of tlie uk io wtiicfa it ia a|iplicd in aotdninK gutii 310 OCCURRENCE OF BORACIC ACID. Both varieties, wheo exposed to the action of heat, part xt'iih all their water, and expanil into a vesicular mass, before meltiog to a clear glass, wbicl) possesses the important property of dissolving most of the metallic oxides with the assumptiotiof characttrislic oolurs; it also adheres to the bright surface of metals, protectiog theu wheo covered with it, even at a red heal, from the oxidizing action of the air. It is this property which renders borax so valuable as a flux, » glass, and above all, as a means of facilitating the soldering and welding of metals. Borax is also used in medicine. The borax of commerce is derived from two diflVrent sources. 'Whilst, in former times, the mineral as it occurs in nature. ai\er being purified, was the only known borax ; this has now been almost com- pletely superseded by artificial borax, prepared from volcanic boracic acid and soda; a branch of inanufacliiru which has been mainly dependent upon the vast exten<>ion of the soda trade. JJrii/iciai Horax. — Occurrence of Boracic j^cid. — This manufacture, vhjch French industry has cultivated with such signal success, is carried ou upon so Inrge a scale in France, that nearly the whole amount of boracic acid is there conGumed, which the north of Italy can supply. The occurrence of this acid in the grand duchy of Tuscany, which abounds in volcanic products, is as peculiar, interesting and important, as the method of procuring- it. The boracic acid, in those volcanic districts, which extend over 35 to 40 miles, is brought from the interior of the earth by numerous jets of vapor, which are there called xu^oni. These suffioni are announced from a great distance by the ascent of thick columns of vapor, which oJlen rise to a con- siderable height. The entire surface of the volcanic district, con- sisting of chalk and marl, is subject to constant shocks, caused by subterranean agencies; columns of boiling water are frequently pro- jected into the air, which is sirongly impregnated, at the same time, with sulphurous vapor,* and the whole presents a scene of vast deso- lation. In some parts, the apertures whence the vapors issue, are freely exposed; in others, they are covered by standing water, which, by the constant agitation of the soil, and of the vapor, become con- verted into small muddy lakes (Lagoons). lt4H well known, that boracic acid forms an exception lo the general rule observed by those bodies which arp fixed when melted in the fire, and to which class it belongs. It volatilises, namely, in such quantity with the aqueous vapor from a boding solution, as lo render its qnan- ritalive estimation very inaccurate under such circumstances. The presence of boracic acid in the suflfioni is evidently accounted for io this manner. It is, nevertheless, remarkable, that by simple conden- sation of the current of gas and rapor, no boracic acid can be obtained, a fact, which can only be explained by the extremely minute quantity held in solution. TTiis quantity, however, is considerably increased when a lake covers the aperture of the suffioni. It would appear, from the observations of Payen and Bowring, whom we have to tnank * Solphuratwil bjrdKiyra, Moordtng to H. L^rderel. rf'm: 7W. ar«coraoR4 a^^Jb 313 BORACIC ACID LACOON0. aod ihe; arf from 6 lo 10 Teet deep.* Fig. 130 rpprescnts the man- ner in wbicb they are arranged in terraces on the side of ibc bill. Ftg. 130. S^ On the lower side of each bawn is an arch a a, by means of wbicb tbe plugs ol" the tubes m are accessible, and by opening these, the water from the bifjher, flows into ihc lower lagoon, tnrough tbe channel n. Tbe!M> artiftcial banin^, of wbicb there are 6 or 8, nerve to saturate with boracic acid the water of neighboring springs or brooWs, with which the uppermost,/^, is supplied, until it is sufficiently impregnated^ to pay for the expense of worLing. ^H When tbe fresh water arrives at the lagoon Jl, it is partially im- bibed, the vapor being at first condensed; but as soon as it has attained the temperature of the vapor it is again evoked, and the whole of the lagoon is kept in constant agitation by the current of gas at a temperature of from 93° to 96° C. (199'= to 203° F.) At Ihe ex- piration of 24 hours, during which lime it has been kept in this state, the plug is removed, and the water allowed to flow into basin B, where the same operation is repeated. The fluid becomes charged with 5ome mure boracic acid and other substances, ihe quanlily of which is agnin augmented in the basin C, and in those which sue* ceed ii, every 24 hours. When the solution has thus traversed 6 or 8 of the lagoons, it is found to have taken up about ^ p^r cent, of bo- racic acid, and its specific gravity has been raised to 1.007 or 1.010^^ * M. Lkntrrrl •tntr^ that lli« •liiucnMona of llie Insoona diflci eemUtenhlj; Ihe HiialW (innn, lie r*y», aiv 100 Tnci in circnniroionco kikI 7 Amc i]m|\ but Ibatra air loine wliioli urn from .WH in IWJO fcrt In circDmrrrrncc^ nml 13 in 30 ff*! .Wp. There ire ttfnpinUf urTcml. rmiii :i (o I S tnnrcf^ in ihc Istipr. Thp ilrpih and larracir or dlna bMiM ruuivIk) b» inaorruinnlaiion lo tbo iorooof (W (.-olumn or v«[>Of i ifttic d«|ii1i Hkd Mrihoe ue loo ntft, nnd dia bMtn eomiai mo ranch water, tlie rapor «neounien pi opfxiMliao, anil fra(fiM>nll)r M«lil ■nodwT oalU>L f Tbe hwwa* mn rww vmpiiMl •v«t imj, w Um amonnt of iMraeic aei<l (I to : nnl/ 3 per cent) u dm incrcoMd bjr Tomaiainf ihcra looyer. ^FWfMifta««fwi^—nc««,wiHtouili»iitf>. |. Act M« la fact ■fHR,MriHnKlHs4e^ 3mm ft ^mm tt mt»i^ 3000 calac feet. 1W sn^r pu» ue ' «f tcmon OBT abcn* ^ cdwr wjiiw ■ ■wlia, a mner lh«t the b« ^r fem ite HMriiMVt t»« tfe KCMd. Md Ihe l>n« rMid» ItfL^o fav is ^^^^^ , W Ae bm fc^inaie far envrntiaa b obCMMd fr«« <«« ^^^rfAe jtfaof rtf»n.e»clairf iBli<P«>»adtm>dBrtedbprwTw> aodibebanoasoflhciMn. Tlntt, mi o&lrtW kij^lj ■rilcml ksdf» M «t t^ >■■« ttoe bcM fat coecrti- iit.» m fkesedninctssqvied^artne; a^nd«d,tf it fcr tbew mMAahly faradUB liiuiMriaM-W, ^ pMdws of bonck wad ««oM be klnosl u imposabSitx, ^^ * oomtiy vWr fad »» » '^y scMW.' ^Vkea the 4 opper pam bare been filM «itk fltud fron the irseN lUs lias wiined ia them daiiag 34 boars, ike half trf" it 1 We bcM eraportfed. ud tbe pair of ptM be)aiir, will jnst be lui{;e to bold the remaiainghilf. This, therefore, U drawn off, and _ mpper paoc are supplied with a fresh Mfftiott 6om the darifier. Ae expuaiioa of aaotber 34 hours, tbt balf is again eraporatM], ' tbe Said is itdaced to |th n£ its origiMl Tofaime ; it now coiuisis I nucb stranger solatioD of boracic add, and may be bitiagbt ialo ^ lowest resseB where the enLparalawiBooioplrted.t Thcprocest, boe described, nodergoes no tnlemptMNi; the tje from each pur idf bondc acid » *v mpan of ikt pdioai of Tlwcmy, w> tkmu^ Bflte, Apaibw«rr » tb» Oam% M FtoMMk ta *a t«u ITTS, wim TWpn ty Pnat Hflte, Apaibw«rr » tb» Ctan M rtoMM^ ta *a t«u ITTS, Mh in ■ pMBDpbtri. ~ Upon tb« sflftiire mha Kwm) in TaMmr''' thM Aia «n<t , wiib flOt^ » Uad urtnrai rscvnlinf ibv oflumiy hnr»\ in puii'r. Nrilbariatoi iMUni' mora newil Udk prenilc^l in ramnf *» iixInlMia* iif ibr uitekAuMa _je diMTiBti li> ntor* ituku • few iiwiTtawfiil mdcvtakinsi. Tbnt Wi i|i«<«|M- , ortntoek^ U»* in«ik»i. ■nU bmmkt ruin npoa &(•«•»!*«». The »iiH'n>T»in«>ti rCtecfai M (be faefiainna of Uw ytwew enttuir, «te iMndaml dM moMvviiv* hm> , viib«li«»M,Knilib(i«'OrUtdn«Uo,bM wBf«Mdt, te ISn.M thaltlm* te p(» Hpiieiw <>f alUbe InwMi, who atfriwd owl ib» kW vfmlmt <twwB fct<« ii wd <rf »imwi. »*« fupl- flrMniiol tfaa nlasUr branch of imhiKfT te in lull invh. Iititt* jmtflSlS^ Uie nine dintict oT Monte Ortuli which now pKalnm « ymrty inon«ii« of JtiOOO, wouM h»Te b«o let»o my body fiw a rrni oT^d lOi. prr ■tiiittin. I FtKil 1827 wood wns uted tor bntini ibo enparatin« pam; nin^ ihM IIMW ihv .^ri»v» JcKribed tn«d>ml ha* bMii introduc«<d, krxl hM «ll«c««J ■ nrins. ■WDfdIac » M. <[wdnKLiDf Btem iO^X).IilX) taacx. 1tee«aponukn tM«a ■tiOfrtbM 63 boun. At prM«at,llMn«M400m|y>nitii>ijt|i«ni |b eptmkxw nefa of to fc«i mrihM, bMidn wbkfe ibvn «r« nnn) otttPTs wiih iltii> phncnu utEoaed in win, 900 TeM Id Icnmh, in whMi the wutar cOMiMiily #Tii|«)nii. ' bit, *>w» tlowlyihrouiili il» fliffCTpnt iliriMoai uniil it bwtxaw MflfoivnUy ocnamiUMvd. * Man ifaaa IWO Ibi. «f w»ier ve thai cnponMrf #il/, 2b I I I f 314 CUMPOSiriOff OV CBUDK BORACIC ACID. of pans !s only removed lo make room for a fresh charge of weelcer solution. Ounn^ evaporation much sulphate of lime is deposited is the pans, which must be removed from time to time by rakes. In the same manner zs lite fluid becomes richer by the addition of boracic acid in the lagoons, so it is still further enriched in the pans, by the evaporation of the water, until at length the same fluid in which it was hardly possible to discern the presence of boracic acid, has be- come converted in the lowest pans into a solution, which, when mixed with the mother liquor of a former crj'stalizatioQ, has a specific grarily ofl.07lol.08. Cn/staiizaUon. — The mixture of fresh, saturated solution and mother liquor is now taken from the pans, and iK brought into the ves* Mb./?-^,Fig. 131. These are round wooden tubs, lined with lead; they are 4 feet high, 31 inches in diameter, and have a ca- pacity of about 8 cubic feet. They are so arranged, as will be seen bythe draw- ing, that the mother liquor mar be easily withdrawn, and returned to the lowest pans. The small lamellar crystals are placed in bas- kets C to drain, and whilst still moist, are spread out in a layer 1^ inch in thick- ness on ibe tloor EE of the drj'ing chamber /), Fig. 132. The floor of tUa chamber is double, and a jet of steam entering at F is made to circulate below the one floor, in the space left between it and the other. The chamber is accessible by the door G. The dry acid is conveyed in the lirst iustauce to Leghorn, and from thence, by sea, to its destination. Constituents of the Crude ..^ci'd. — Wiltstein gives as the correct analysis of commercial boracic acid in 100 parts: 86.324 2.632 1.018 0.917 0.365 Fir. m. Crystalized boracic acid. 76.494 Sulphuric acid combined with boracic acid . . 1.323 Sulphate of ammonia . 8,508 Sulphate of magnesia " " lime . . •' soda . . " " perox. iron * 86.324 91.256 CRTSTALIZATION OF BOKAX. 315 91.256 92.243 Sulphate of alumina . . 0.330 Silica 1.200 " " iK)tBsh . . 0.369 Water of crystaliza- " " manganese . trace lion in ihe salts . . 6.557 Chloride of ammo* Organic matter con- utum 0.298 laining nilrogen . . trace 92.243 100.000 Hence, it appears, that upon the whole, although the best is retained for the manufaclure of borax in Leghorn, a very impure product is obtained. This would not be the case to such an extent, If the mother liquor, instead of being returned into the pan, were evaporated again, and aRer the separation of the boracic acid were used, for instance, for the manufacture of alum. The experience of the French manu- facturers lilcewise lends to prove, that toe impurities in the acid from Tuscany increaRe from year to year, so that the quantity of foreign matters, which, at first, was only from 8 to 10 per cent,, has gradu- ally increased to 18, 23 (aa in the analysis), and even to 25 per cent.; a fact which is probably to be accounted for by the increasing disin- tegration of the earthy strata by the action of the currents of steam. Each set of 14 pans, therefore, produces by the process described, after 3 times 24 hours' evaporalion, 180 Ibs.of crystalized acid, which presupposes the removal of 36,000 !bs. of water. From the state- ments made at p. 78 and p. 79, it appears, that to evaporate 4.7 lbs. of water, 1 lb. of ordinary firewood is required. In Tuscany, the yearly produce is now l.'),000 cwls. of acid (Payen), (he water evapo- rated must, therefore, amount nt ]ea.st to 1.6 millions of cnis., which, under ordinary circnmstances, would re<juire 21,000 stacks of wood (3 stack s= 100 cubic feet, containing about ^'^ths of solid wood). Aaeonling to Bowring, the yearly produce since 1836 has been nearly 3 millions of pounds, therefore, double the former average.* Saturation of the Boracic JJcid. — To saturate 100 parts of com- nercia] boracic acid, 120 parts of crystaltzed soda, or an equivalent quantity of salts of soda have been found requisite. Vats lined with lead ^, Fig. 133, are used for This purpose, precisely similar to those employed in the manufacture of stearic acid [p. 122). The steam for heating enters (he vat by a pipe c from the boiler C ; the tube * H. Lardcrel tUMtt the ptodiieiian ortiAnwic ncid lo hnvc incriMUctl in Uio rfrllowinj pfoponiwi*: P^nrKlc, Tu*csn wcijtbi. 18IR— 1OT8 I,50O,non 1W9u_l8S8 U,0OO,OliO lUf S.1&3.000 ISW 2,328,783 3841 3,54:.804 1M3 s.e&s.i3e 1643 Sfi&SfiCrl Miii S.«J5,W0 1846 2.ftS3flOU IMi; 3/100,000 Tbv produov maj' )» fitU flinber incre«««J, if r«i|«inil: 316 CRTSTALIZATION OP BOBAX. extends to the bottom of the vat, nnd terminates m a horizontal cti calar bead /, which is pierced with holes for the escape of the vapor. > ■ Two ooclcS|ODC at the side r, and another A, at the lowest part of the arched bottom, serve to empty the vessel ; the aperture a with its tube is for the inlroduclioo of the charge, the wholt; is closed lAilh a cover to prevent any loss of heat. Ladders />, and platforms M^ are attached to the apparatus, for the conveaieucc of ascending to the upper parts. In the beginning, nothing but the mother liquor from the last crystali* zatioQ is placed in the vat, to which the soda and water are added in sufficient quantitjto produce about 200 lbs. including that from the con- densation of the vapor. When the soda is dissolved, and the tempera- ture of the fluid has risen {0 100*^0. (21*2° F.), the boracic acid in coarse powder is introduced, and to prevent loss from eflervescence, in quanti- ties of 10 lbs. at a flme. In this operation, the boracic acid is not only neutralized, but aconsiderable loss of soda is occasioned by the sulphates and chlorides, which are mixed with it. Thus, sulphate of soda and some common salt are produced, also carbonate of Ume, carbonate of magnesia, hydralcd oxide of iron, ami principally onrbnnate of am- monia. In an open vessel, the latter would volatilyee with the aqueous vapor; to prevent the loss of this valuable secondary product, the apparatus is so constructed, that the gases and vapors shall pass through a tube d in the lid, to a neighbonnp; condenser D, and be evolved through sulphuric acid. The carbonic acid is thus set free, and all the ammonia remains as sulphate of ammonia. When all the acid has been added, the solution must indicate 21*^ Beauuie (1.166 sp. gr.), and its temperature must be raised to the boiling point, 1o 105^ C. (221'^ F.); the steam is then shut oO; the aperture a is closed. and the solution allowed to remain at rest for 12 hours. As soon as the lye has become sufficiently clear, it is drawn off by the corl; r, into the shallow crystalizing vessels BB, which are lined with lead; the deposit falls through b intol.\ where it is washed and then throwa CBTBTALIZATION OF BOIIAX. 817 away. When Uie crystaluEation is finishMl in the vessels B B, the leaden plugs a are removeii^ anil the moilier liquor collecls in the common reservoir F. Ii has already been stated, that this is returned to the vat JJ, for the next saturating process with boractc acid ; but tit last the foreign salts acctiniuIaTe to such an extent, that they must be separated in some other manner. The borax is allowed to cry.stalize at a lemperature of 33"^ C. (92" F.), when all the other salts remain dissolved, and then by a subsequent evaporation, the sulpliates of soda and magnesin are obtained.* Crystalization. — The crystals are detached from the vessels B B, by means of chisels and hammers, and placed upon an incliDcd board g, where the remainder of the mother liquor collects in the channel y, liiis first crop is much too impure, and also in other respects unfit for the market, it must consequently be recrystalized, which operation is performed in the apparatus, Fig. 134. fif. 134. The small crystals from the waste are often redissolved with ihe crude borax, both being placed in a large vat JJ, which only differs from that represented in Fig. 133, by having larger dimensions and no cock at the bottom. The vat must be healed in the same manner by steam, and lined with lead, and be sutBciently large to contain at least 180 cwt.s. of borax. The crude borax and the waste are placed in an iron wire-basket, which hangs by a chain passing over a pulley just below the surface of the water. The object and advantage of this mode of solution has already been noticed at page 275; all stir- ' ■ Thn procpM i» ■^m'^whiit liiflrrcntly dpucrihwil by M. Korhnkc, (m* Clmm. Gaz^ rol. iU. 131.) A Mlutiunofcnudin smln it prcpniXHl, amontntina lo ttlKiiJi HO lb*, of IjOW 10 IA95 tft. fr^io this <0 lb>. nr good Tuscan Imracic mcid in ndiled, and Iho wholA i# bctilnct onlil the ly* i> roduccd to 1'JtJ or 13^ IIm^ ot indioitc* 1.175 to I.IBO ap. gi. Upon thU tb* Uquid i* pouml twilinK but into ■ wooden Vib, whicli it ^■r«U rarroundcd wiih woollen cloth* nnd nnvr, am) orrfuiljr coTcinl to retain ilio hrai u lonsai poMible, to that s Bood and rcgiilu cTjialnMUm maj bn cdoctrd. 2s* 318 CHV8TALIZATI0N OF BORAX. ring is thus dispensed wtUi. It is necessary to add about 4 per cpnt. more carbonate ofsodn tu tbe crurle borax, anil steam is then allowed to enter, until the solution indicates ^1*^ Beaume. When this point has been attained, the whole solution is drawn olTby the cock C into the crrstaliriog vessel B.* As large crystals alone arc saleable, and these can only be pro- cured wiOi difficulty, and by avoiding all ngitation and rapid cooling, the arrangement of lliese growing cisterns is somewhat more com- plicaletl. They are constructed of stout boards lined internally with lead, covered with a closely fitting lid, which is also lined with lead, and are situated in an external box, with which they are not in con- tact. The space between the two vessels is filled wiih small coal //, and the lid is covered with a triple layer of coarse woolen stulT, (hat the cooling process may be retardtil as much as possible. The ves- sels must not be placed near each other, a^ the shaking occasioned by removing the salt from the one, would disturb the growth of the crystals in the other. The crystalizalion continues from 26 to 30 hours, according to the temperature of the atmosphere, and is finished when the thermometer in the interior stands at 26*^ or 30° C. (77° to 86° F.) The mother liquor is then drawn off with wide syphons as rapidly as possible. Wheti all that can be retnored by the syphons is separated, that which remains amongst the angles of the crystals is taken up by sponges, that no small crystals may dejiosit upon the large ones, and the whole is immediately covered, and leH at rest for several hours. This is necessary to avoid cracks and crevices in the crystals, which would be occasioned by llie action of (he cold air. The workman must not enter the vessel io remove the crystals, until the temperature of the interior has sunk to that of the surrounding air. The hewn cake of salt is then placed upon a table to be broken up into single crystals and picked over. The crystals which arc suffi- ciently nrm, and not too small, are then thrown into baskets with wide meshes, that the grains and dust may fall through, before they are packed. In this process, common borax with 60 per cent, of water is always obtained from a lye of 1.166 density. If octahedral borax, with 30 per cent, of water is required, the lye must have a density of 30*^ B. (a 1.256 sp. gr.), and be evaporated at a temperature of 100° (212° F.), before it is introduced into the crystalizing vessels. Octahedral borax begins to form at a temperature of 79*^0. (174*^ F.), and ceases at 56° (133° F.) At this temperature, the mother liquor must be rapidly removed, or the crystals will become covered with a coating of ordinary borax. The crystals attach themselves so firmly to each other, that in removing them, hard, sonorous plates of any size may be obtained, A remarkable prejudice of the buyers, who call the octahedral variety melted borax, and think that they are buying tlie ordinary * Ttw floor F bekm- thit if imcmli kihI inclinDd, «nd mw\» of gtaaed menn% ftom whrnw atl Uiat it titiH. flcnrt into the chitniiel £. NATIVE BORAX. 319 Idud when the plates present the projecting points and angles of the uCrystaU, obliges the maaufacturtr to remove uilh a hatchet this true indication of ihcir purity, before sending the salt to the market. In both cases, vheihcr the one or oiher variety of cry5!tals have been grown, the mother liquor deposits, in the wide basins to which it has been removed, an abundant crop of prismatic borax, which, after being drained, is used for enamel coatings. This mass of small grained crystals, not having; the stamp of purity upon it, is seldom to be met with in retail. The small size and want of firmness in the crystals of artificial borax, were in the first instance so prtjudieial to its introduction, that it was necessary to imitate the exact outward appearance of Dutch borax (native purified, from Amsterdam), its brown color, the mode of packiii(^ it, the rubbed appearance of the crystals caused by land carriage, Slc., with the greatest minuteness, in order to render it saleable. Sautter has patented a proce&s for obtaining borax without the iotervention of water. 38 parts of pure dry boracic acid are tbo* rou^Iy mixi-d with 45 parts of crystatized carbonate of soda, in powder. This mixture is placed in a room, heated to from 90° to 115*^ y.f upon wooden planks, in layers of about an inch in thick- pess; this temperature is found sufficient lo enable the boracic acid to expel the carbonic acul and the excess of water from the carbonate of soda, and perfect borax or borate of soda results. JSi'aiive Borax (Tinkal). — Native borax has been found in several localities, for instance, at Halberstadt, in Siebenbiirgen, in the mines of Viquinlizoa and Escapa in Peni, in Ceylon, in Tartary, China, but more particularly in India and Thibet, from wheoce the greater part of that used in the arts was obtained. According to Turner, the lakes which furnish the Indian borax are situated a few days* journey from Tezhoo-Loiuboo; and the borax is found in great blocks on the shores and bottom of the stagnant salt lakes, whilst more Towards the middle, ccmmoD salt is predominant. On the contrary, Blanc and Pater Ho- valo state, that these lakes uf Thibet are situated amungitt the moun- tains of that country, the most celebrated of them, called Necbat, being located in the Canton ofSumbul. The water is said to be distributed in sluices, until, by evaporation, it deposits salt, after which it ia allowed to flow off. The crude native borax is called by (he Indians, tinlcal. It is impure, and has the form of distinct stx-sided cryslals, more or less flattoned, and some lines in length; these are sometimes colorless, sometimes yellowish or green, and always covered with an earthy incrustation, which is fatty lo the touch, and smells of soap. This latter property is derived from a substance resembling soap," composed oT soda and a fatty body surrounding the crystals. The fat em K separated by acids, and then assumes the appearance of a dark brown rancid oil, soluble in ether. From a very ancient period, borax has been purified in the sea-port towns, " re/f««/," and more particularly in Venice, (whence the ap- fiellation, Venetian borax, which is equivalent to purified borax;) at a aler period, the process was introduced into the Dutch towns, for in- 320 SALTPETRE OR KITRE. stance, at Amslenlam. The process has always beea kept secret, vet nererrheti'ss two diSerent methods of pnriticaTion have become known. In one of these, the impurities are separated hy lime, the tinkal being softened in a small qiianTlty of cold water, and stirred about with a eradual addition of about 1 per cent, of slaked lime. The turbid lime water is alternately poured ofT, and when the impurities have settled down on standing, the clear liquid is again poure<l upon the crystals, and this process is repeated several times. In this man- ner, the greater part of the soapy compound is removed, and what still remaios is separated by dissolving the crystals in hot water, and add- ing- about 2 per cent, of chloride of calcium. Chloride of sodium is produced, and an insoluble lime soap, which is removed by strain- ing, and the clear liquid is then evaporated to the consistence of 2FB. The other process consists in placing the powdered tinkal in a tub with holes pierced in the bottom, and washing it with a solution of caustic soda of 1.034 sp. gr. as long as this passes through colored. The !ye makes the soapy matter much more soluble. After draining, the crystals are dissolved in water, 13 per cent, of snda is added, which precipitates the foreign maitcrs and earths; these must be strained otfi and the lye evaporated to the consistence of 20° B. In both cases, the crj'stalixation is effected in wooden vessels lined with lead, and having the form of short inverted cones. This shape is preferable, because the deposit which may form, collects in the lowtrr narrow part, and dues not interfere with the crystalization. The use of litiie facilitates the clarification, but may occasion a loss by the formation of insoluble borate of lime, for which reason the use of it cannot be very strongly recommended. Commercial borax, compared with that obtained from tinkal, notwithstanding its greater purity, has one particular fault, that the crystals, when heated, split in the direc- tion of their natural cleavage, fall to pieces and ily ofl* from the part required to be soldered, bj which means a loss is occasioned, and the work retarded. The very great precautions used in the crystalization, lessen (his evil ; hut it is more eflfectually remedied by the addition of a small quantity of tinkal before recrjstalization. SALTFETRE, OR NITRE. What is Saltpetre? — The terra saltpetre, io an extended sense, comprises all the more common salts of nitric acid, which find any application in the arts; they are distinguished from each other bjr the addition of the name of the base, as: silver-saltpetre (lunar causiic), potaah-salipetre, and soda-saltpetre (cubic nitre). In a more li[niled sense, the nitrate of potash only, is called saltpetre, which, togciher with nitrate of soda, is of more importance than all the others, in con- sequence of the large quantities that are consumed, and the peculiar uses to which it is applied. The use of these two varieties of nitre for different purposes, is dependent upon the property they possess of i CHILI-SALTPETRE OR CUBIC-NITRE. 3n I partiog with oxyeen at a cetl heat, or of purvtying oxygen to other Mbstances, whioli have a tendency to combine with it. Other sub- stances, therefore, such as charcoal, may be burnt or consumed, by means of saltpetre, ia the same manner as by the oxygen of the air, aad the aciion is generally much more energetic. Saltpetre, chemi- cally speaking, is one of the most itowerful oxidizing agents. The oxygen is always derived from the nitric acid, and in snch a manner that nitrogen is ttimuttaneously liberated. Nitrate of potash heated alone, affoids in the first instance nearly pure oxygen gas and niiraie of potash ; on being still further healed, it is completely decomposed, nitrogen mixed with oxygen is evolved, and pure potash remains. An indirect use is made of sallpelre for many purposes, where its nitric acid is the active agent ; the separation of this acid from saltpetre is also one of Ih'P most important processes cotinected with thiK salt. On the coast.s of South America bordering on the Pacific Ocean, about 42 miles from the harbor of Yquique, and about as far from Conception, on the boundary between Peru and Chili, in the district of Atacama, very exiensive deposits of nitrate of soda (NaO, NO,) have been recently found, in an otherwise barren count r)', covered with a slight layer of clay.* These layers, 2 or 3 feet in thickness, extend loO English miles, and alTord immense quantities of the salt, which is brongrit into commerce under the name of Chiii-salipetrf or cubic nitre. In the pits, the deposits consisting of dry, hard, nearly pure salt, are seen almost immediately below the surface. The com- mercial salt is a brownish mass always moist, and has a dirty appear- ance, consisting of rounded crystaline grains, and containing, accord- ing to Moirti«u«r. Lecvnu. Witwein. Nitrate of soda . 94.29 96.70 99.63 «• " potash . 0.43 . — — " ** magnesia . . 0.86 — — " " lime . — trace trace Chloride of sodium . 1.99 1.30 0.37 Sulphate of potash . 0.24 trace — Water . 1.99 2.00 — Insoluble matter 0.20 — ^ 100.00 100.00 100.00 and also small quantities of iodide of sodium, and iodate of soda, according to Lembert. The salt is, therefore, very pure, although the quantity of impurity is not always tb« same. In a moist atmo- sphere, Chdi-saltpL'Ire attracts water, and becomes comiilt'iely lluid, a property which distinguishes it from ordinary (potash) saltpetre, and renders it quite inapplicable to some of the purposes for which ' T1t« minea arw at iIlo vina(!«ii i>r Qiiantnjnva und St Rom. The laytn of nltpeuo Iblkiw the ranrgm of n basin oi Jbrtnet InliP, snd h«ve evicli^nllf been left bjr Ib-o evnp^ ntkm oT iu wuet>. The loil of ili« wliole oetglttforliood h imvend with ohiorule of •odium. 322 XATIVE SALTPETRE, the latter is employed, for instance, to Ihe manufacture of ^inpowder. Il is, however, better adapted for the production of aqua fortis (tiilrir acid), anci as a source of nitric acid in the manufacture of sulphuric acid^ both on account of ils cheapness and because it contains 10 per cent, more nitric acid. Nitrate of soda requires at 0° (32*^ F.) 1.25 parts, at ]8.6° (65'=' F.) 1.14 parts, ami at 47° (116.3° F.) 0.T7 parts of water for sohition, in which it dissolves with a great pro- duction of coUi. Ordinary Saltpetre. — Ordinary saltpetre, nitrate of potash (KO, NO,), sometimes railed prismatic saltpetre, also contains no water in the crystalized state. The presence of this salt in the sap of the sun- flower, of common borage, of ihe celandine, of tobacco, and other plants, as 'well as in small quantity in sjiring water, has not as yet been employed for any practical purposp. Occurrence of JS'ativp Saltpetre — Ready formed or native saltpetre hos been frequently met with in the soil, and in several places it is extracted; it is never found, however, in distinct layers, like the cubic nitre in Peru, but disseminated throughout the Esoil, and occa- sionally as an incrustation upon the surface. In the chalk formation on the banks of the Seine, near Roche- Guyon and Mousseau, for instance, there are several caves, which are used as stables and for other purposes. In the front part of these caves, which look towards the south, but not in the hindermost in- ternal parts, saltpetre is found in the surface rock; the matter con- taining the saltpetre is collected several times during the year, and is spontaneously reproduced; it is extracted in the usual manner. According to Lavoisier, the saltpetre is accompanied by chloride of sodium and chloride of calcium. He found in specimens taken from the cavern of Fouquieres SJ, from that collected near the church of Moiixseau 5|, and from another locality only 1| percent, of nitrate of potash, alter having treated the aqueous extract of the saline mix- ture with potashes. The saltpetre caverns in the island of Ceylon, which were carefully examined by Davy, are extremely interesting. These consist of natural caves in a limestone rock containing mag- nesia and feldspar, which have been gradually enlarged oy the removal of the nitrified stone. Some of these, like that of Itoulal- wellegodc are the resort of inmimerable bats, whose excrement collects in them. In others, there are none of these animals, as is the case in the cave of Meinoora, which is situated in a hill about 300 feet high, and thickly wooded; it is 100 feet broad, 80 feet high, and extends to the depth of 300 feet. The thickness of the roof is, there- fore, not verj' considerable, and the flonr is composed of the naked rock without any covering of earth. Davy found here sixteen work- men employed, each of whom furnished ^ cwt. of saltpetre yearly to the government. The fact, that during the six dry months of every year for the last fifty years, this work has been gotng on, proves that the produce on the whole cannot he inconsiderable. Davy found, on examining a specimen of the rock from Memoora cave, in 100 parts: n K&TIVE SALTPETRE. 323 I I I I 2.4 nitrate of potash 0.7 *' '* magnesia 0.2 sulpbale of magnesia 26.5 carbonate of lime 9.4 water, and 60.8 of residue, insoluble in veak nitric aridi and consisting of feldspar, quartz, mica and talc. The potash is, no doubt, derived from the disintegrated feldspar, and was always found accompanying the nitrates of the earths, whether these consisted of magnesia or lime. The mode of producing saltpetre from these caves is simple and cheap, but somewhat crude. The workmen loosen the stone from the inner surface by means of iron tools, and mix the pounded mass with about an equal portion of wood-ashes. When water is poured upon the mixture, the nitrates of the earths part with their acid to the potash in the ashes, the earths are precipitated, as carbonates of lime and magnesia. The clear decanted jye, which contains the nitre produced by the ashes, as well as that naturally present in the rock, is iirt>t exf>o$ed in pits and evaporated to a con- siderable extent by the heat of the sun alone : it is then further evapo- rated in pans to the point of crysialization. That which crystalizes on cooline. is crude saltpetre, which is iuimedialely sent oil'. Similar caves are known on the coasts of the .'Vdriniic, in Italy, (Pulo di Mofettft,) in some parts of the United States, (Tennessee, Kentucky, on the Missouri and CrDoked river,) in Africa and in Teneriffc. The occurrence of native nitrates in South America, in some dis- tricts of India, Arabia, £g>'pt, Persia, Spain and Hungary is some- what diSerent. Id India, Bengal, and the neighborhood of Patna, are the Boarces of the largest portion of the saltpetre supplied to (he Eu- ropean market from Hoiighly, which is previously Soiled at Chiopera. lu Hungaiy the country about Semeny, Debreczin, and Nagy-Kallo is celebrated for its saltpetre pits, and supplies the ditferenl .saltpetre works in the Counties of Bihar, Szabottsch, and Szathmar (belonging to the Freifaerrn von Vaj], as well as those of Porndorf and 2omdorf ia the County Wieselberg, Korod and Burus in the County Schaumeg, Szelnitz in Liptau County, NeusobI in the GL-spannschitfl of Sohl,and Oedenberg and llaboth, in the County Ocdcnberg. Tliese salts are found widely disseminated in those districts, but never extend to any great depth below the surface, never lower than where the air can '4Ptfily penetrate. The infiltration of rain and dew naturally dissolves the salts, so that the soil is never moistened by pure water, but by a weak solution of nitre. When this solution is evaporated by the action of the sun and air, its place is immediately occupied by a fresh .solu- tion from below, wlucU rises in consecjueiice of the porous nature of the soil, in obedience to the law of capillary attraction, and is vapor- ized in the same manner. Thus all the saltpetre is gradually brought to the surface from the lower layers, and remains afler the evaporation of the water in hot weather, as an incruslaiion of considerable tlitck- DeaSf sometimes in the form of solid crystals, at others as bundles of 324 FOftMATlON OF SALTPKTRE IN THE TEMPERATE ZOKEU. 6ne threads. It is collectetl in the form of a saline mass mixed with earth. Dary found in Bengnlese saltpetre earth, from the district Tirhoot : 8.3 nitrate of potasti 3.7 " " lime 0.8 sulphate of lime 0.2 chloride of sodium 36.0 carbonate of lime with traces of magnesia 12.0 water in which was some organic matter, and 40.0 matter insolable in nitric acid 100.0 The process to which this earth is subjected, is the same in prin- ciple as that practised with the rock of the rarems, only the addition of ashes is frequently omitted, from b scarcity of that substance, and indeed, it is here not so essential, as the earth itself Is richer in nitrate of potash. Nitrate of lime then remains in the mother liquor, and is lost. The Hungarians treat the earth in precisely the same manner, af\er it has been loosened with the ploufjh and collected. This coun- {r\ (Huni^ary) as has been remarked, is particularly abundant in salt- petre, which occurs mostly in bo^y places, for example, in the old Dfti of the Theisz, on the left shore of the river which is exposed to inundation: in the neighborhood of certain salt water bogs, and in other places. 100 square fathoms Hessian produce yearly 4^ cwts. of impure saltpetre, the produce being collected at six different times. The soil in some parts of Spain is also iucrusled with saltpetre, in New Castile, Arragon, Catalonia, La Mancha, Grenada, &c., the pro duce of those districts being worked, according to Proust, at Sara- gossa, Alca^^ar de San Juan, Tremblaque, &n. Formation of Stltpetre in the Temperate Zones. — From the preced- ing facts and observations, it appears that the localities which natu- rally a^ord saltpetre, without the intervention of man or animals, are nearly entirely confined to the tropics. For whilst the soil of those countries, without any extraneous assistance, produces abundance for home cunsuinptioD, and partly supplies the foreign market, potash saltpetre, which is the most valuablf, occurs only in a very few spots in the temperate rones, where its formation has not been assisted by the addition of ruaJy formed nitrates, and the produce of these parts is as nothing compared with the vast consumption of the salt. Neverthe- less a kind of artificial nitritication is always going nn here upon a large scale, under certain other conditions, which are only found col- lectively combined in the neighborhood of inhabited places. The first amongst these, is the necessity for the jiresence of nitrogenized matter, either of vegetable origin, or consisting of the refuse of animal bodies or fluids, urine, excrement, blood, &c. &c., which in the pre- sence of powerful bases, ibr example, potash, lime, magnesia, decay and rot, and gradually give rise to nitrates of the bases. Nitrate <rf potuh, however, is found in small proportion as compared with the 4 I I I k COSDtTlONS NECESSARY TO TH& FORUATtON OF tALTPETRE. 335 nitrates of the earths, potash being contained in all soila to a much smaller extent than the earths. All the observiitions atiil experiments which have been made, tend to show, thai in (be formation of saltpetre, the following renditions mast always be ful6He<l, namely: ITie presence o{ ^he above-mentioned 6iue«, lime, magnesia, potash, and these must be in a loose porous stale, so as to be easily perme- able— as they are contained, for instance, ia marl, chalk, mortar, &.C., but not in the form of marble, dolomite, feldspar, &c. The presence of moisture in such quantity That the matters engaged in the formation of saltpetre may be uniformly penetrated, but not innndflted by it. A Umperatvre of\b° (69* F.), or 20° (68*' F.) ; for a temperature of 0''(32'' F.)i8 sufficient to put a stop to the process entirely. Laslly, 7)l« ummpedtd access of air. These condittoDS are universally necessary; but the colder regions require in addition — The prtsenct of decaying vegetable or animal matters, containing nitro^n. The action of ligftt appears rather to accelerate the process, than to be absolutely necessary. It is of little consequence, as will easily be conceived, to the form- ation of saltpetre, whether these conditions are of accidental oc- currence, or whether Ihey are expressly created for the purpose. Id fact, the crude material for the prodiirtion of saltpetre is as easily obtained in the temperate zones by artificial means, as by col- lecting the substances in which it has naturally been formed. The localities in which saltpetre earth is artificially produced, are called saltpetre plantations; the earth, on the contrary, which is collected together from different places, is called steept salfpeire. {Kehrsalpetre, Gayerde, Gai/safpetre,) A few fxanipjes will indicate the manner in which advantage is taken of the different localities. Saitpetre/rom tValls. — In densely populated towns, with narrow streets, where the excrements of beasts of burden, the refuse from ■iBugbter-houses, and from trades of a like nature, where the water from the houses, the refuse oT markets and other similar matters mix with the iluid in the drains, and are in a constant slate of putrefaction, it may be seen, bow the coating of mortar at the base of the external walls is gradually eaten away, and becomes covered with a lloccular, while crystaline efflorescence, a phenomenon the appearance of which is a source of alarm ou account of the injury which ensues to the boildings, anil which is called saltpetre rot. The same phenomenon is not unfrequcnt in other parts of the walls which are not directly exposed to the mud of the streets, but to the infUtralion of fluids, for instance, from the drains of privies, or to the urine of cattle in stables. It is, however, rery necessary, beforv collecting any such efflorescence, to ascertain, either by the taste, or belter by lixiviation and evaporation, the nature of the salt, for the 2o" 336 THOUVKNBL-S MBTHOD OF PRODUCIKO SALTPCTRB. observations of Kuhlman have proved, that these often arise from the sulphates and carbonates of (he alkalies contained in the limestonef and do not consist of nitrates. Production of Saltpetre in Switzerland. — The earth below the flooring of stabtes, or in the neighborhood of dung heaps, in the cellars of dwelling houses, where the remains of vegetable or other organic matters have been left to decompose, is a material which can be used for the production of saltpetre. Thus, in Switzerland, for instance, in Appenzell, the position of the stalls on the declirities of the mountains, when not too dry, and having a more northerly aspect, is made subservient to the production of saltpetre. When the build- iag has its entrance towards the mountain, and the opposite side u supported by beams or a raised foundalion, the floor of the stall is necessarily hollow. A pit is then dug 2 or 3 feet below the floor* and of the same dimensions, and this is filled with a sandy porous earth, which retains all the urine that falls through. In two or three years this earth has become sufficiently iuipreguated with saltpetre for lixiviation, and the same operation can then be repeated CTeiy year, for the saltpetre boilers affirm, that the earth which has already served for one saturation, when again brought into the pit is better fitted than fresh earth for a renewal of the process. ,'lt Long^pont. — The foregoing plan may be regarded as a crude saltpetre plantation, as is also that at Longpont in France, where the stone quarry, which orignated with the erection of the Abbey Church in ihaTtown, is employed for (he same purpose. The quarry is siifH- cient' exposed to the air, and is always vcr^- damp. Karih and dung are alternately arranged in layers 4 Inches thick, one above the other, and the whole heap is then eorered with earth. Moisture being always present in sufficient quantity, it is not necessary to water it, but ibe liquid manure from the stables and houses is conveyed to it, and materially increases the amount of nilrogenized matter. At the expiration of the second year, the heap has rotted away to a uniform mass of earth, and must then be advanced nearer to the mouth of the quarry (more exposed to the air), where it is occasionally turned over, and in the course of two more years is in a fit state for Uxinating. From the dung of 25 cows, asses, and mules, about 10 or i'2 cwts. of saltpetre are thus obtained. ThouvmcVs method. — A proposition depending upon the same principles was made seventy years ago by Thouvenel, and recom- mended by experienced men as tiuite compatible with the system of French agriculture. The proposal was, to connect the production of aaltpetrc with the sheepfolds, and use a portion of the manure from the sheep for that purpose. Whether agriculture docs not sulfer as much from the diminution in the <)uaiitity of manure, as is gained by the production of saltpetre, still requires a positive and direct answer. The earth in the stalls and sheep-cots is in ihe first place loosened to about a foot below the surface, and the animals are plentifully sup- plied with straw. Whilst the dung of the sheep gradually forms manure with the straw, the porous earth absorbs the nuid excrement ifALTPETRE PLANTATIONS; 327 wilhout'mixing witb the former. AH er some months, llierefore, when it h»3 become nece.ssnrj, ihe Hiraw inannre inav lie removt'd, and the • earth beiow it turned over, and covered with a layer of fresh earih, vhich increases its power of absorption. This operation is repeateU several times dnHng the year, and the earth then becomes suiliciently toipregaated with the excreraeiititious substances to fit it for the pro- duction of sflllpetre. The operation is then conducted in an airy sbed, where the earth is heaped up 3 feet high into a kind of wa]l or dam, turned over once n month, and watered at intervals with liquid (manure. At the end of two veers it is Bt for extracting. In Sweden. — In Sweden saltpetre is one of the revenue taxes, and IB consequently prepared by the peasiinls on the estates themselves to iwooden shens or huts, the floors of which are covered with clay or boards. A mixture of loose eaxCh, refuse of all kinds, both animal and vegetable, with lime, marl, or exhausted ashes is made up into a heap, aud watered from time to time with the urine of auimals, partly to Iceep the mass damp, and partly to increase the quantity of salt- petre, for no animal fluid is so rich in nitrogen, a.s urine. During the summer the heap is turned over weekly, and in the winter every month, care being taken to keep the whole as loose as possible, either by the insertion of twig.s, or by piercing holes through it. It is also believed that saltpetre is more readily formed when the light is ex- cluded ; the whole operation requires two or three years. Saltpttre Plantations. — The preparation of the so-called saltpetre earth, and the actual produciion of saltpetre upon a large scnic, form two distinct operations in the saifpeire plantations, as is also the case in Thouvenel's method. Earth impregnated with putrid nitrogenized matter is either collected from cattle stalls or slaughter-houses in the neighborhood, or heaps in which putrefaction can go on are erected for the purpose of producing this earth. There are three classes of substances which can be used for this purpose; the substance must either consist of vegetable matter, as weeds (belonging chiefly to the families of the Solanacem, Euphorbiacs, or Fungi, which are those containing the largest quantity of nitrogen), pea, bean, and Indian corn-straw, sun/lower, &c.; or it \s solid animal refuse, as the dnng of birds and quadrupeds, the mud from stagnants ponds, mud from the streets, flcEih, cuttings from the tanners, &c. ; or lastly, fluids con- taining nitrogen, as urine, liquid from cesspools, water in which bloody flesh or cheese has been washed, &c. The vegetable sub- stances are first spread out upon a layer of earth, upon these the other solid matters are laid to a height of some feet, and the whole is covered with a second layer of earth. The lluids are used for watering the heap, which must always be moistened throughout, but never wet. To allow the fluid to penetrate, holes are bored from above towards the middle. Af\er a lime, the separate fragments lose ail form, and rot into a uniform mass, which is then mixed up with the earth below. It is certain, that during the putrefaction which goes on in such a beap, a very lai^ portion of the nitrogen escapes, as ammonia, which 328 6ALTPKTRE PLJinTATIOKS. must be considered as so much loss or saltpetre* for ammonia in ftU probability is the starling point for the whole production of saltjjctre. The earth thus prepared must be intimately mixed with old mortar, marl, loose limestone, or lime ashes (the requisite bases), and exposed to the action of the air in a con.slantly muisl state. Hence arises the necessity of giving the whole a great extent of surface, and forming; it into heap^, as il must not be allowed to occupy too much space. When the height of llie heap is more than a fathom, ibe upper part dries loo rapidly, and the erection of the heap becomes too laborious ; accordintr to circumstances, therefore, the shape of the heap varies. When no roof protects the heap from the access of rain, the nature and inclination of the ground must admit of the water which runs oiT, billing collected into a cistern or pit. The grnuiid should, there- fore, be a layer of clay, and the heaps should be opposed to the pre- vailing wind, ami secured bv tlicir po.sitinn from inundation. Expe- rience has also shown that a degr*'e of moisture corresponding with that of ordinary ganlen mould is most advantageous. The heap is generally made in the shape of a ilatteoed pyramid, from 6 to 7 feet in thickness, and about a fathom hi^h; a passage being left open at every 15 feet; a space must also be left between the heaps for the passage of the barrows ustd in building and rf;moving ihem. The inclined sur- face of the pyramidal heaps is generally arch'ed, but in such a man- ner, that the arch is not so wide as the heap is broad. The spaces on earb side are traversed by gutters, where the fluid used for moist- eoiug the heaps, which is kept in reservoirs, collects, so that it runs off* and permi^atfs the sides of the heap, just where evaporation is most rapid, and the formation of saltpetre greatest. When the process has attained a certain point, a white mouldy appearance is perceived on the surface of the heap, consisting of nitrates of the earths. The earth is considered fit or ripe for lixivia- lion, when 1000 cubic inches will produce about 5 ounces of salt- petre, a state which it generally requires three years to attain. For eveiy 10 cwts. yearly produce, 120 cubic fathoms at least of earth must be laid out in heaps, of which } becomes ripe each year. Although no accurate method is known of ascertaining the quantity ronlained in the tarth, except that of dissolving out a lew cubic feet, the workmen are, nevertheless, enabled to judge of its fitness by the amount of cooling taste pn>duced by the earth on the tongue. This method must obviously be subject to grave errors, and the saltpetre must be much too unequally distributed over tbe whole heap to admit of its quantity being ascertained by a single handful. When tbe fitness of the earth has been proved by one or the other methfKl, it is of importance, in order to save time and laWr, that the bulk of earth, in which tbe saltpetre has been prmluced, and which has to be lixi- viated, should be reduced as much as possible, and this can only be done, by accumulating the nitrates in one part of the earth. The application of the same principle, wrhich was explained with reference to the cfHorcscence of saltpetre on the soil in Bengal, aftbrds a con- venient means of doing this. The following is the method practised. • SALTPETRE PLANTATIONS^ 339 When the earth is nearly ripe, no more liquid manure is poured upon the heap, as time would not be allowed for the mtrog;eDou8 matters to be cDDverted into saltpetre, and these would only cuntaifiinate that which has already been formed. Thus no ooiupcnsation is made for the tluid, which, leaving its saltpetre behind, evaporates from the surface above, but the liquid preseut in the heap is constantly drawn up by capillary attraction, and evaporates in the same way as before. In ttus manner, the saltpetre is accumulated to a certain extent in the outermost layers, and is scraped off to a depth of 2 or 3 inches several times in ihe year. The earth thus collected cannot be used imme- diately, and is, therefore, best preserved under a shed, frequently turned over and sprinkled with water (not with mantire), by which the amount of saltpetre is somewhat increased. At last, so little remains of the whole hesip, and what does remain, contains so little saltpetre that it is not worth collecting, and the heap must be renewed. For this latter purpose, not only fresh earth is employed, but also that which has been lixiviated, until it is exhaiisltd and useless. It is also affirmed, that earth still containing a little saltpetre, acts mon: rowerfully in inciting the formation of fresh saltpetre than such as as been entirely deprived of that salt. In some places, the heap is simply reconstructed with its former dimensions upon and around the old residual portion, whdst in other parts it is considered belter io - mix this residue with the fresh earth, and reconstruct the heap with the mixture. The method adopted in Prussia with the saltpelre-earth is some- what difTercnt from that above described; but in certain respects it is better adapted to the object in view; the heaps are there constructed with perpendicular sides, and called, consequently, very appropriately, "wottj." The side opposed to the wind is simple and llat, the op- posite side forms a series of steps down to the bottom, which give grater firmness to the whole. On each ledge or step is a gutter which carries back the excess of liquid poured upon it to a cistern. In this arrangement, the watering tates place at the back, whilst the evaporation proceeds chiefly on the side opposed to Ihe wind, so that the saltpetre is drawn by degrees towards the latter part, whence it is also gradually removed, just as much lixiviated and fresh earth is added to the ledges behind, as ripe earth is removed from the front, so that the wall, retaining its form and thickness, is gradually being altered in position, but is always preserved at the same distance from the neighboring walls. Thus, the production of saltpetre is never checked by the entire removal of the heaps, and this is a great ad- vantage, as it is much more difficult to set the process going, than to keep it constantly in action. The large importation of Indian saltpetre, however, has latterly nearly put a stop to the expensive and troublesome culture of the plantations. Theory of the Process of Jfit/ijication, — When a collective view is taken of the different methods of procuring saltpetre, it becomes evi- dent that nut oue of Ihem can actually be called an artificial production 330 TIIBOHT OP THE PROCESS OP KITBIFICATION. of the snlt. Whatever bears this name in practice, as for example, the cultiration of the "plantations/* is merely the combinHtion and ful' filraent of^ertHin conditions which bare been found by experience to be absolutely neces&ary to that spontaneous process of a chemical nature which lerininales in the pifxiuclloii of the nilraics. The work of those engage<l in the plantations has no immeiliate influence Upon this process, and only tends Co ward oil' the obstructions v>luch oppose it, and preserve the conditions which have already been enumerated. These conditions have been ascertained, and established by name- rous observations. Glauber, and at a subsequent period, Stahl (1698) occupied themselves wiih tbijt subject; Lavoisier, in the year X777, published his theory of the process in a pamphlet devoted to the subject; and lastly, sinrx- the year 1775, when the Fn-nch go- Ternment offered a pcize for the best treatise " upon the principles upon which the productinn of saltpetre is based, and the best method of putting them io practice,'* and the accepted and otherwise re- markable documenis, amongst the sixty-six that were sent in, were made known by the commissioners of the academy, and enriched with explanations and remarks iu a compendious treatise of their ovf n ; the knowledge thus gained, has been rery much increased and aug- mented in more recent times by the important investigations of tCuhl- maun. Notwithstanding the large amount of accurate toformation thus coJIecled upon the prinrtples concerned in the production of saltpetre, yet the researches mentioned, and amongst the more recent, those of Gay-Lussac and Liebig, although they nave thrown much light upon the probable nature of the process, have failed in establish- ing the views advocated, as actual positive facts. The whole explanation of the process hinges upon the source of the elemeots of the nitric acid, and more particularly upon the source of the nitrogen. With reference, in the first place, to the supposition, that the two principal coDstituents of the atmosphere (nitrogen and oxygen) are the sources of these elements in saltpetre, it must be stated that this, of all others, is least oon6rmed by observation. It is, indeed, known that lightning in passing Ibrough the air, induces the elements to unite and form nitric acid, the presence of which can often be demonstrated in rain and spring water, but this action is so very limitetl, and of such rare occurrence, that its adoption as an explanation of the form- ation of ultpetre is inadmissible, and so much the more so, as the phenomenon from its very nature is inapplicable lo every case. Salt- petre, for instance, can be formed under circumstances which render it quite impossible that the nitric acid existing in the air can have access to the mixture of lime, &.c. The opinion (formerly expressed by Longchamp) is quite as untenable, which ascribes the union of the free oxygen and nitrogen in the atmosphere, to an action exerted by the porous mineral constituents of the soil, similar to that of pUtina- sponge. Fontanelle found no trace of a nitrate in washed or unwashed Jinustone sand, or in washed or unwashed granite powder, which he THBOftT OP Tni lOff OP HITAB. 331 ncposed, } a cnt. at a limp, 1o Uie almosphcre during three jeara, [irotecteil from the rain, and moisTened with tlislilled water. On the cooirary^earih mixed wiih lime rubbish, ixlien exposed under similar eircucnslances, yielded 4 per cent., with ^th sheeps-dung 5^ per cent., with ,',jlli horse-dtiug 5 per cent., with Ath cow-dung 4} per cent., with animal mnnurc 6 per cent., uid with animal manure, and ^th lime rubbish at the same lime, 8 per cent. The same results Were obtained with chalk, which produced no saltpetre by itself, but was observed to do so when in contact with nitrogenous matter. The nitrogen in the nitric acid is, therefore, not derired from the atxnosphere; but in all probability from (he putrefying animal and Tegelable substances. When such compounds containing nitrogen — all of which are of a highly complex character — undergo putrefaction, and are resolved into simpler and more stable combinations, it has always been found that the nitrogen, exerting a pre-eminent aHinity fcr hydrogim, combines with the latter element to form atrunonta, a mode of combinaiioti which, under the circumstances, is, as it were, the most easily ejected. Thus, Kuhlmann in his expeiiments, was always able to produce ammonia, when hydrogen or earburetted hy> droceo, at the moment of their evolution, were brought into coatact with nitrc^en in the nascent state. Hence the formation of ammonia must always hare preceded that of sahpetre from animal matters; and, indeed, the same philosopher has shown that the production of nitric acid can only be effecied by the decomposilion of ammonia (always excepting cyanogen). A mixture of ammooiacal gas (or of carbonate of ammonia] with air, passing in a current over platina- spwige, produces (at 300° C.) peroxide of nitrogen in abundance (KH, 4- 7 0»NO,4-3 HO), which is easily converted by water into nitric acid. But even at ordinary temperatures, the oxidation of am* monia proceeds ; C.de Martigny found aiuinoiiia which had been con> 6oeU with air over milk of lime, converted, after six months, into nitric acid. Ammonia is peculiarly adapted, in being oxidized, to form nitric acid, because the water which is essential to the existence of nitric acid (the anhydrous acid being unknown), is f^med simul- taoeously from the hydrogen of the ammonia.* When the source of the nitrogen in the nitrates is attributed to the organic substances, it must be remembered that very considerable aiiaulities are requisite to explain their production. Supposing even iBBt no loss occurs, '2(i0 to 8titi lbs. of human excrement, 433 lbs. of orine, 2600 lbs. of cow-dung, or 1024 lbs. of fresh muscle are nece»> * KnliUnana hai •ince ruiiSnnciil tlie (latemenu in ili« texl by flill mora Mnking «x- ■mi ulptiMU of nmmona, wt)«nlu»i«<l in ■ leton, yieidt a lifffA quantity of nitric OdK Bf iMMiing n mUiure of pvruxide of maui^iistw. vr p^niiide of I«ai1 with ire«k Mitpbiiria ■cid, In till! |>fuafioe o( wlpluita of anunoola, ttie anunoiuB ia converwd, id Uke mannar, uiKt mtnc BciJ. H. Damn* liai alio ilwwn, iii coTfobomiion of tha mkiIis o( Kuhlninnn't nteaicliM, Au, when a eunmt of moist air, mixed Mriib anunoaia, la pweed otoi chalk niobieoad with a aoUiiioa of ponuli at ■ iEa)pt>nitafc of^l^" F., llicTe la ftnned, in ibe couraeafa fcw tlaff, > ooniulemlila quaotiiy oC nitrate of jiotail). 332 TUKOBT OP THE FORHATrON OF NITRE. saiy to sappier the mtrogen of 100 lbs. of saltpetre. It is, therefore, not easy to conceive how the saltpetre cau hu produced in many places, where organic remains are fxecedingly scanty, or altogifther Mrantiog, as is the case, for instance, on lloche Guyon or Ceylon, where the excrement of bats, (he presence of which has been adduced in explanation of the formation of saltpetre, is entirely absent in seve- ral caveruK, winch, nevertheless, aflbrd saltpetre like the others. It is an established fact, that the numerous dead bodies of animals and vegetables in undergoing putrefaction, aflbrd a constant supply of ammonia to the atmosphere, and, on the olber band, that the porous rocks on the surface of the earth, and the vegetable mould absorb and condense this ammonia with avidity. Thus, the nitrogen would still be deiived from (heorgciniu matters, and assist indirectly in the form- ation of saltpetre. The experiment of the committee of French aca- demicians with chalk, which, after being carefully wiuihed and freed from all soluble matter, was hung up in a basket over putrefying blood, proved tbiJj beyond a doubt, for, alter a few months. 2^ per cent, of nitrate of lime was oblained from it. Besides, all ilie nitric acid of spring water, in which it has often been found, must remain behind in the stone walls of tho^e caverns, when the water trickles through their roofs and sides. Although from what has been already stated, it appears almost proved, that nitric acid is derived, either directly from the oxidaiiou of the ammonia of the putrefying organic matters, or from the air, the question naturally prcsenls itself, why is not saltpetre found at all parts of the surface of the earth, where the necessary bases are pre- sent for fixing the acid? That which happens in many other cases of decomposition, is also the case here : all the necessary conditions for the exertion of chemical affinities may be prepared, and yet the action iivill not ensue, unless some impulse be given from without. This impulse proceeds most generally and enorgclically from some ciiemical action already in the course of operation. Thus (he decomposition of a solution of sugar into carbonic acid and alcohol can be induced, by brinmng it into rontact with a body undergoing decomposition (yeast), before it would spontaneously take place. By carefijlly weigh- ing all the circumstances, and comparing them with similar processes and phenomena, we are led to the assumption, thai the production of saltpetre is always accompanied by the decay of other malten;, and can only be induced by that process. The conversion of ammonia, in this case, into nitric acid is precisely similar to the oxidation of fusel oil, in potatoe spirit, into valerianic acid, which process occurs in the vinegar casks, where the oil is in the presence of alcohol, which, ||^- the action of atmospheric oxygen, is being converted into acelic acid. As has already been stated, the experimental conversion of am- monia into nitric acid has only succeeded at a temperature of 572° F., or by the intervention of a free base, both of which conditions either do not occur in nature, or arc only exceptional. The impulse which decomposing bodies can thus communicate is, however, sufficiently THEORY OP XITRIPICATIOX. 333 powerful in nit probability to gire rise to the forniBlion of saltpetre at ordinary temperatures, and the lime which is allowed for its produc- liou in nature verv much exceeds the duraiioo of onJinar^ experi- ments. It appears that ammonia is oxidized to nitric at-id immt'dintely on its evolution from organic bodies, in the tropics onl)'. It is highly probable alixi that ammonia plays a double part in Ibe formation of saltpetre: first, in surrendering its elements to oxidation, and then, also, in saturating the acid, and producing nitrate of ammonia. To form a clear idea of the importance of this point, it is necessary to re- member the general law, that a chemical decomposition or change is so much the more easily, and indeed, sometimes is only produced when the products find occasion to enter immediately into new com- binations ; thus zinc will only decompose water in the presence of an acul (sulplmric acid) which combines wiih the oxide formed. The carbonates of the earths possess no basic properties, and can- not, therefore, exert any similar action; this, however, is not the rose with the carbonates of potash and soda. Knhlmnnn has shown that ammonia can also assume this function, so that in the decay of uitro- genized substances, when carbonates of tht; alkalies are not present, or only in insufficient quantity, nitrate of ammonia is formed, and can be sbown to exist in all the liquors obtained from ordinary saltpetre earth. The nitrate of ammonia and the carbonates of the earths (lime, magne-sia) or alkalies, afterwards exchange their constituents, so that carbonate of ammonia and salts of nitric acid with the earths and alkalies are formed. In those cases, where carbonates of soda or potash are entirely wanting, Kublmann is inclined to believe, that the ammonia, besides parting with its elements for the production of nitric acid, acts as a pun'eyor, like the nitric oxide in the sulphuric acid chambers. For, inasmuch as the moisture in the earth, and indeed all water, contain.^ much air in soluiion, and in a condensed state, and this confined air is 13 per cent, richer in oxygen than common air, the union of this oxygen wiib the nitrogen (of (he air) is by this means so much aided and facilitated, that (be co-operation of the pre- disposing affinity of ammonia, eren to a limited extent, can very easily determine it. The niirate of ammonia would then resign its arid to the earths, become carbonated, and in this slate — being a salt with basic propcrlif'-s — would resume the same function in a higher degree, on account of the presence of moisture, which is essential to the proUoction of saltpetre, and which would preser^'e it from too rapid evaporation, &c. This process, performed through the medium of ammonia, might also possibly occur when organic matters are pre- sent in sufficient quantity. It most not he forgotten, that the occurrence of saltpetre may some- times be the result of a process long hirice finished; and for this rea- son ita formation will appear inexplicable, as It is no longer going on a1 preseut^ and the conditions which gave rise to it have long ceased (o exist. The fUCCWMve operations to which the ripe earth is submitted, 334 LIXIVIATION OP SALTP£TIt£-EARTH. are undertalcen for the purpose of separating the nitraUa (torn it, eon- verting tAete into nitraU of potash ^ crt/stalizing and purifying the product. LixivirUion of the Karth. — The point wliich requires the greatest attenlion in dissolving out the nitrates, is the use of as little water as possible (as this musi afterwards be almost entirely evaporated with a corresponding expense of fuel), so as to leave no more of the salt behind than is required for its after-application in the heap ; this quanlity should he about 1 or J pur cent. Lye of 12 or 14 per cent, is generally coasidered Bt for boiling. If the process of lixiviation is to be carried on with any degree of certainty, the operator must be furnished with instniraents, which will indicate with sufficient accu- racy at any moment, and with ease, the amount of saltpetre in the different lyes. For this purpose the saltpetre hydrometer is used, the scale of which consists of a series of divisions iudicutiu^ the depths to which the instrument will sink when immersed in an artificial solution of 1, 2, 3, 4, 6, &c., per cent, of saltpetre in water. Each degree, therefore, indicates 1 per cent, of saltpetre, at that temperature at which the instrument was graduated; the indications are ven* accu- rate in pure solutions, and sufficiently so in crude liquorSy which is the name given to the first solution from the earth. The material for lixiviation is placed in casks with double bottoms covered with straw, and furnished with cocks (like those used in the potash works, page 294) ; these are arranged in the samp manner one above the other in three rows, with gutters connecting them with the sunken lye cisterns. The mode of conducting the process depends upon the same principle as in the former case: the same quantity of water is passed through diderent casks containing earth until it has become fit for boiling, and the same quantity of earth is treated with fresh portions of water until it retains only } to 1 per cent, of salt- petre. Tlie advantat;es of this method, which Mas described and nar- licularly recommended for the saltpetre fabrication in the year 18*20, by the Comiti consultatif des poudres et sntpttres de France, will easily be perceived from the following observations. Suppose each cask charged with 6 cubic feet of earth, containing about 8 lbs. of salt- petre, and suppose further, that half the water poured upon it is each time retained, and that just enough water is always added to drench the earth nearly to its surface {3 cubic feet), then the process will be as follows, supposing each cask to be lixiviated four times, and sufii- cient time allowed for the water to dissolve at) the saltpetre: PMnd upon Tboro will remain TiKn: mn pouMd ett iM wnier >= 5 C. P. 3d ■• = IJ " Ciuk A. " A. 1) C.F. of iliP B tlw. Ij .. .. 4 n 1^ C.F. of ih« l<]t». ,j .. - 4 . These make, together, 3 cubic feet containing 6 lhs.,Bnd are poured upon a fresh cask B, in which there is a].*io 8 lbs. of saltpetre. When this bas been dissolved^ 1^ cubic feet will remain, and 1^ cubic feet, itaining LIXIVIATIOK OF SALTPETBE-EARTlf. 6+8 336 7 lbs., t. e. 14.9 per cent, of \ye for boiling, will flow off. It follows, thftt : Poured upon Will tN>r« Awl lltnce will flcnr Off 3J wiWT=IiC.F. 4(h* ■ = ■■ - C««k 1) C.F. Ita. J) C.F. Itx. The 3d and 4lh water together, after flowing from B, make 3 cubic feet coot&inlog — - — * ^ ^\ ]bs., and this is poured upon the cask C where 81bj. arc again to be taken up, so that I^ cubic feet of Ire with 7| lbs. = 15 per cent, flow off for boiling, and as much of fine same strength remains. In This manner, the operation proceeds with- out interruption, the first cask ^ being now exhausted to 1 per cent., \s emptied and charged again. But when the same quantity of earth is to be exhausted to the same extent, i. e. to 1 per cent, at once, SOO cubic fuel of water must be poured upon it, of uhich 79^ cubic feet of lye containing 1 per cent, will flow off. In this rase, there* fore, 5 cubic feet of lye contain 1 .6 lbs., and on the iroprored method they contain SiZ| to 23 lbs., so that, in order to obtain 1 cwl. of salt- petre accordinff to the improved plan — _ 221 times ^ * ' , 13.8 cubic feel ' less water has to be evaporated. In a work that produces yearly from 200 to 300 cwts. thirty-six casks are requisite, three rows of twelve each, therefore, so that the lye flows directly into the corresponding cask 'of the second row. Tiroe roust, of course, be allowed for the lye to dissolve the whole of ■ the nitrates, and ihe cock is consequently ke[>t shut during twelve hoars. That the earth may be uniformly impregnated with the water, and no channels may be formed amongst the salt, all the coarser lumps, pieces of lime, &c., must be previously broken up; it is usual also to arrange the earth id the casks in the form of a fiiDnel, and not with a Hat surface, so that the water may flow through the middle, and effect a more complete solution. The water in the first operations (lows from one cask to the olher by itself, but when it has to be brought frnni ihe lowest row to the uppermost, to econo* mize time, a pump may be used. The lixiviaiion of the ash is repeated three or four times according to the locality; but at every pe rioi] of the operation one cask is charged with fresh earth, whilst another contains earth once lixiviated, and a third, earth that has been twice treated with water. The lyes of different strength are distinguished by the appellation.s wash water, weak, strong and boiling lye. .ixiviattng troughs. Fig. 135, may be substituted for the casks, have the advantage of occupying less space ; they are made oC 336 LIXIVIATION OF SALTPCTRE-EARTir. oak-wood in the form of a ba'ker^s troiigli, 16 fe«t long, half as wide at the upper part, aud 4 feet depp. In onp of the longfrT sides (ihe front one in the Fig. 135, towards which the boMoca sUghtly incUoet) Fig. 135 L-\* £ a nuraher of holes d a d are bored between the stays b b b for the reception of tubes or cocks, to conduct the fluid into the groove c e. To keep back the earth, an inclined board pierced with holes t e. Fig. 136, is utared in the *^'S- "^- inHTtor, which is covered with straw or willow twigs. with straw or willow twigs. ^^ The iron rods/yare to pre-!'^| vent Ihe sides from bulging, ^^ and the hoops n n keep the ••single boards together. Tlie capacity of these troughB, each containing 218 cubic feet, renders two quite suffi* cient for the largest work. Water is poured npon the earth from several channels at Ihe same time, into uhich it is puiaped up, until it stands about 4 inches above Ihe surface ; at the expiration of twenty-four hours, the water is drawn ofT and a fresh supply added, until that which runs off" only contains 1 per cent, of saltpetre; the trough is then re-char^d. The charge in troughs of the above dimensions, calculated ni 8 lbs. in 5 cubic feet, must contain altogether 'ibG lbs. of nitrate, which must prtHluce a lye of about 10 per cent., with rather more than an equal bulk of water. The subsequent weaker lye is concentrated in ihe second trough, until it is fit for boiling. The exhausted earth is used in the construction of the heaps or \Ta]].i, in Ihe manner already indicated. The Ci-ufie Jjye. — The lye for boiling, technically called cntdt ly^y is, as the method of preparing it indicates, not only a solution of salt- petre, but contains all the soluble portion of the saltpetre earth, and its state of concentration must be regulated by the price of fuel. Besides the nitrates of potash (soda), lime, magnesia and ammonia, tt contains chloride of po1aw>ium, chloride of sodium, rbloride of calciam, chloride of magnesium, carbonate of ammonia, and peculiar brown coloring matters of organic origin, which have not been examtned. 338 TRCATMCN'T OP TUK CRl'DE SALTPCTnR.LTE. required for the whole is easily calculated. As soon as the solution of imtashes is introduced into the precipitating trough, and wi^ll stirfcil, a dense precipitate of carbonate of lime and magnesia falls to the bottom, whilst mtrate of potash, with cblonde of potassium and chlo- ride of sodium, remains in solution. The proportion of chloride of potassium is much increased after this precipilatioo, for the decom- positioD is, of course, extended (o the chlorides, as well as to the qi- trates of the earth!!, at the expense of the chlorides of calcium and magnesium, for (if M represent 1 equir. of calcium or magnesium), MO, NO, and KaO, CO, become KaO, NO, and MO, CX>„ but also MCI with KaO, CO, become MO, CO, and Ka CI. Now, as chloride of potassium is of much less value than potashes, that portion of the latter irhich decomposes the chloride of calcium and chloride of mag- nesium is so much loss to the manufacturer, for a smaller quantity of potashes cannot be used, a^ the decomposition of the nitrates and chlorides of the earth is not consecutive but simultaneou.*!. For this reason it is useless to calculate the necessary addition of potashes by the amount of nitrates only; and the nitrate of ammonia also requires an excess of carbonate of potash to decompose it. Neither is it ad- visable to concentrate the tye to 15 or 20 per cent., before adding the potashes, which \s sometimes done, as that involves the necessity of repeatedly washing the precipitate, in order to remove the whole of the saltpetre. If, however, sulphate of potash is used, the lye must then be brought to this state of concentration. In this case, (MO, NO, and KaO, SO, = MO, SO and KaO, NO^) sulphate of lime is produced, nearly the whole of which precipitates, and sulphate of magnesia remains in solution. To separate the sulphate of magnesia, a little excess of milk of lime may be added, when magne»a and sulphate of lime separate (MgO, SO,+CaO«-CaO, SO,+MgO). The clear lye then cootaias saltpetre, chloride of sodium and potas- sium, with a small quantity of STdphate of lime; the coloring mai- lers remaining nearly entirely with the precipitate. Chloride of potassium, which is obtained in large quantity during the purification of saltpetre, may also be used as an addition to the crude lye, when sulphate of soda can be obtained at a low price. Acconling to Longchamp, the whole should he 6rst treated with sul- phate of soda; all the nitric acid of the crude lye then enters into combination with the soda, andsulphateof lime is precipitated. After niillc of lime has been used to separate the magnesia, nitrate of potash and chloride of sodium can be obtained by the addition of chloride of potassium. The same object is attained in a more simple manner, after the separation of the magnesia by lime, when the clear lye is treated with a solution of chloride of pola.sMutu, and cryslalized sul- phate of soda in equal equivalents [in (he jiroportton of 1 : 2), which then produce the same rflect as a mixture of common salt with sul- phate of potash. Whatever means may have been employed to decompose the crude lye, it must afterwards be allowed to stand until the precipitate has entirely subsided, and the clear liquors can be drawn off* for boiling. BOlLINe THE SALTPETRE-tTE. 339 The Boiling. — The object of boiling is not only to concentrate the lye to the point of rrystalization, but likewise to eflfect the separation of impurities. To understanJ the nature of the process, the difTerent degrees of solubility of the salts contained in the lye must be taken into consideration. Thus 100 parts of water dissolve; At 0» ( tii? F.) — " 18* ( 65" F.) — *' 45* (113" F.)— 74.6 " •• 97* [207* F.) — 236.0 *' " 100* (iia" F.) — 400.0 *' " 0" ( 32' F.) — 29.32 " «n.8«C 53«F.}— 34.5 *' "15.6''( 60" F.)— 35.1 " " 17.5" ( 64" F.) — 33.3 " " 100^ (212" F.) —about 57.0 7.6 parts of saltpetre 29. " " (Gay-Lussac). chloride of potassium (RifTault.) (Gay-Lu88.) (Kopp.) (Gay-Lussac.) and of chloride of sodium about the same quantity (27 parts) at all temptratures (see page 249). The solubility of niimte of potash in- creases, therefore, to a much greatpr extent with the rise of tempera- ture, than that of the chlorides ; and the evaporatioo of water, to a certain extent during boiling, is not attended by any deposition of saltpetre, as the los.": of wnter is compensated by the rise of the tem- perature lo 100^(212'^ F.), This increase of temperature, however, has but little influence on the solubility of the chlorides, so that ibey are forced to crystalize and separate during evaporation. It must, nevertheless, be stated that the solubility of saltpetre is apparently increased by the presence of common salt.' This is explained by the fact, that these two salts cannot exist together in solution without mutual decomposition, .so that the water in whioh they are dissolved really contains four salts, namely, chloride of sodium, saltpetre, chlo- ride of jiotassium, »nd nitrate of Kuda, and the lye must coiusequcutly always contain some nitrate of soda, as common salt is never entirely absent; besides these, there are generally found chlorides, ammonia- cal salts, lime and magnesia in the state of bi- carbonates, and also coloring matters. As was the case in the preparation of common salt (pp. 256, 257), fresh lye is constantly allowed to Bow into the boiler, until its contents have attained the proper stale of concentration. That the tempera- ture may not be lowered by each addition, the lye is previously warmed by the same fire in a separate pan. Fig. 137 shows tlie manner in which the apparatus is arranged. Access is obtained to the grate r, by the door a, and lo the ash-pit s, * A ntamusl loluiion or nlipoOo (of 21,43 per c«nL, thererora}. M 212*, » cnablBil ID dtvnire aooonling Xo Latigchnmp, by llie sdililiciri of: s 10 W 2.^ puts of •wminon wli. 0.75 1J27 1.83 2.Mi pnru moip of raltptTre. 340 BOILIKG THE SALTPETRC-LTE. at b. The Same lirst plays upon the bottom of th« copper boiler ^, and passes from tbence tbrou^h two wailed aperturesto the 6ues r, dy Pif. 137. e, e. These forming first a bortzontal ring, heat th« sides of the boiler, and extending upwards pass under the bottom of the naroting- Tessel Bf traverse the space below it sereral limes, and then open into the chimney^, which is supplied with a damper f, for regulating the draught. At the commencement, and ihroughout the lime of boiKng, a thiek, dirty skum rises to Ibe surfoce of the fluid, which, from time to time is remorcd, am), that no loss of l^e may occur, is empiled into the lixiriating ressels. This impurity is derived from th^ or^nic matters ID solution, which gradually coagulate, and become insoluble. The change which they undergo is caused partly by the coatact of air; and this explains why a less deeply colored lye is obtained fron earth which hits been kept for some time, ami not moistened dnring the lat- ter period wilh excreraentitious matter. The second phenoroenott which appears on boiling, is the decomposition of a portion of the carbonates of tht^ eanhs, which are precipitated as the carbonic arid holding them in solution is dissipated, and render the liquid turbid. This decomposition is completed shortly before the lye is sufficiently concentrated. At the same time, when the evaporation has some- what advanced, the difficultly soluble sulphate of time begins to de- posit as a crystaiine puwder. The phenomena are rery similar to those which arc observed in boiling ibe salt brine, and a deposit would attach itself to the bottom of the vessels, as in the saltpans, and give rise to the same disturbances and difficulties, if a method of preven* tion were not adopted, which is applicable to all similar cases. At the time when the earths begin to precipitate, a small, flat vessel m, is immersed nearly to the bottom of the boiler, by means of. the chain A, and the pulley o. lA'hilst the great mass of the lye is SALTPETRE RCrHTERT. 341 boiling, and ia rioleul motioD, comparative rest exists lo the interior of the vessel m so that the particles iti suspension, whirh are in coo- •tai]t agitation in the extero^l fluid, can deposit in it without being again tlirown out. The vessel m must be drawn out occasionally and emptied. The scum is allowed to drain into the evaporating pan, frora a box placed above It. At a later period, when the concentration is more advanced, the chlorides of the alkalies (either comtnon sail, orchlortde ofpotassium, or both, according to liie process adopted) are seen crystalizing in cubes on the surface, which then fall to the bottom. The fire should tben be lessened, that larger crystals may form, which deposit more easily, and do nol retain so much lye on removal. The same vessel m may he ust^I (or removing them, or as the crystals do not easily attach themselves to the pan. they may be scooped out with a colander. When the lye has attained the proper consistence, which is the case, when a drop placed in a cold plate soon becomes solid, a part of the chlorides has separated, but quite as much remains dissolved in the lye. The latter now indicates 48° to 50° on the saltpetre hydrometer, and is left to stand for 15 to l8 hours, tbat it may become perfectly clear; it is then poured ofT into the copper crystallzing pans, where, at a temperature of about 50° (122° F.), the saltpetre crystalizes, as Crude saltpeirt io small, yellow crystals^ containing common »alt and chloride of potassium. In those works where refined saltp>elre is made at the same time, the cryslalization is allowed to take place in the refining pans, and with the same precautions as if crude saltpetre were the only object of manufacture. The mother lifjuor, which contains either an excess of potash, or undcromposed nitrates, is added to the next boiling, until, by frequent repetition of the process, it remains in such excess, that it may be treated for the salts contained in it, or returned to the heaps with the earths whirh deposit in the vessel m. The chlorides which crjstalize, also contain much saltpetre that must not be lost. The manner io w*hich this is extracted is ingenious, and deserves notice. It is done as follows: « small willow basket, 611ed with the salt, is suspended in bailing water, another basket full is then substituted in the place of the drst, and this is repeated with the whole qiiantity of salt. There must be much less water used than is requisite for the solution of the whole salt. At first, theretbre, a saturated solution of the chlorides is produced, which lakes frora the second and following baskets no more of these, but alt the saltpetre, so that, at last, the water employed contains the whole quantity of saltpetre, but only a smalt pornon of the chlorides. This solution is added to the boiling lye, and the chlorides are used for other purposes. Refining Prorrst. — The crude .saltpetre contains no carbonates of the earths, but is contaminated with extractive matter, and a COD- siderable quantity of chloride of potassium and common salt, which, together, ankount often to 25 per cent. These chlorides are the most dlmcult to remove of nil the impurities, and are exceedingly objection* able in all the applications made of saltpetre, both for the preparation 2d* 342 SALTPETRE REFINBRT. ofaqua-fortis, in medicioe, and more particularly for the manufacture of gunpowder, whicb requires saltpetre containing no more than b^'od^'"' of chloride. The reasons are, therefore, obvious, which render a most complete and careful puiilication necessary. The best process, in- troduced by the French, (BcHuuieand Lavoisier,) is partly dependent upon the unequal aniion which hcnl exertD upon the mhibility of salt- petre, and of the chlorides, and upon the enect produced by animal gelatine (glue) upon the extradive matters, which (like tannin) form with it tnsohible combinations: partly, however, upon an ingenious method of avoiding the chief cause of impurity in the crystals. It is well known, that in a fluid containinf^ several salts on the point of cryslalizalion, only homogeneous crystals, i. e,, such as consist of one salt alone, will be formed, except in those cases where the law of Iso- morphism admits of two sails taking part in the formation of one and the same crystal. Saltpetre, however, and tbe chlorides, do not come under this category, and consequently, crystals of saltpetre depoated from a solution of chloride of .*iodium (or chloride of potassium), will contain none of the latter salt in their substance, but will only be contaminated by the mother liquor on their surface, from which, how- ever, they can be freed without difRcitlty. Unfortunately, spaces are left in the larger masses of crystal, by the growth of new layers over the inequalities of those already formed, which remain filled with mother liquor. It is in consequence of this, Ibat dry saltpetre, when pounded, gives a moist powder : these interntil spaces being de- stroyed by pulverization, and the liquor then Howing out. lo the refining process, this evil is avoided by cauwng purposely, the forma- lion of very small crystaline needles, which contain few or no pores. The process is generally commenced in the evening, by dissolving a sufficient quantity of crude saltpetre in a roomy copper pan. Care is taken, at first, to add no more water than is requisite to dissolve the crude nitre at the boiling temperature, 12 cwls. of water to 60 cwts. of the crude salt. The result will be seen to the greatest advantage by an example. Suppose the saltpetre to contain 6 per cent, of cUo* ride of potassium, and 14 per cent, of cbloiidc of sodium^ then the charge in the pan, without taking the other impurities into account, will contain: Th« 18 ewU; of wKtor mn capable of diMolviDii nl n lentp. 0^313^ F. 684 lbs. 324 " 4800 " Chloride of potassium . 360 lbs. Chloride of sodium . . 840 " Saltpetre 4800 " 4 60.0 cwts. and there will remain, when the water has cea.«d to act, 840 — 324 B 516 lbs. of chloride of sodium, undissolved, wbiliil another por- tion, 324 lbs., will dissolve with tbe chloride of potassium and salt- petre. To save time, the whole of the water, and a portion of the saltpetre, are placed in the pan over night, and in the momin?, when the first portion baa dissolved at a low temperature, the remainder is I gradually added (about }lb at a time), and the heat increased. The scum, which during stirring collects on the surface, is removed, and wbea the solutioQ is efTected, and has been boiled ibr some time, the chloride of sodium is scooped out from the bottom of \he pan. The completely saturated solution Tcould dow deposit ciyiftals during the following operations, for it must constantly be kept hot, and water consequently be evaporated. Before proceeding further, therefore, the solution is dilated with 8 cwts. more water,' and again boiled, with the addition of 2 lbs. of glue to the boiling solution. The re- maining extractive raaltcr immediately separates with the glue, and rises to the top, whence it is removed. When scum has ceased to rise, the whole is allowed to stand till the following day. During this time, nothing must be allowed to crystalize, and the fire is conse- quently regulated, so as to produce as constant a temperature of 88° (190° F.) as possible. Before proceeding to crystalize, the suspended matter must be allowed to subside, (hat no portion of it may be mixed with the crystals. The transference of the liquid into the crystalizing pan. Figs. 138 and 139, is therefore performed with the greatest care, rig. 139. and it is better to leave a portion of the lye behind than run the risk of contaminating the crystals. The pans are constructed of ham- H mered copper, in the form of a flat three-sided prism, with the edge H _ screwed firmly to a platform xrzi: "i" r a of oak timber. The double inclination of the vessel, name- ly, the inclination throughout its whole length, and that of the bottom towards the centre, causw the deepest point to be at one of the narrow sides The lye requires six or seven (at «): this is purposely so arranged. boura to cool down to the temperature of the surrounding air ; and then the formation of large crystals is prevented by constant stirrins and J'tatton ; the saltpetre is obtained as a snow-white powder, consisting fine crj-staline needles — " saHpelre Jloxtr,^* As this increases iu quantity, it is drawn out of the lye by the workmen, towards the bigbec parts of the pan, where it remains until the (still colored) lye, * In mon lechiikKl boolu— fvr imiancv, ibose of Dumns, Freokitl, SchubanL, In^ iIm •dditioii of cold vrater j» mi<] io onuM ihc {iiecipitackm of more chloride of HKlium, m raaMquenoe of the rectiiction of lempenitDre. Tbii at&teinciil, which contaiiLS a palpn. \A» fanpoMlbility, i« prttebty nn oveniKhi, if ii it not the incorreot expIuiBiion of tonte phenomenon which oocuh durinc llie prooMi. k i 344 8ALTPETIIE REFIHK&V. inHsmuch as it is not kept back by capillarity, has drained a^ay into the tower part. When the upper layers become whiter and less colored, they are removed, with a cutander, to tb« wnsh tub. About 12 rwis. of mother li(]Lior remain. When the prcportions stated hare been attended to, only mere traces of chlorides can accompany lh« saltpetre- flour. Suppose the lye to cool down to 18*^ (65^ K.), then in the abore example, we shall have the following relations: DiMotv«f Ihc miidiT liijilur tm CBiiMlile of holitiiig in Ml*. uon at Ifn iOBOf.), $4Slbi. 818 " . . 3(n> " 'riwtT will iborafoia 4462 lb)L rftroO. 6 - 0 - I. e. the flour will contain in this case, 0.1 per cent, of chloride of sodium, and the quantity of this substance, even in the most UDfn- vorable circumstances, for instance, by excessive cooling, will never much exceed 1 per cent. But this residue is also nearly entirely remored at the same opportunity, M'hen the mother liquor is allowed to separate from the imersiices of the flour, which raothcr liquor will be so much the more impregnated with chloride, as the crjstals them- sclres are freer from It. The process of washing, that is., the removal of the mother liquor and the cnlorides, is essentially the same as that called claying, or liquoring, in the sugar reBneries. It consists in expelling the mother liquor from the interstices of the crystaline powder, by means of a saturated soluiion of pure saitpttrt. A solu- tion of this kind can, of course, disstdve no mure saltpetre, and there* fore none of the fiour; but it dissolves the mother liquor and the chlorides, with as much ease as pure water would disserve tbetn. When these impurities have been removed, the interstices between the crystals are filled with a solution of pure saltpetre, which, on dry- ing, solely constitutes the whole mass. In transterring the fresh Hour to liie wash-pans, Figs. 140 and 141, it sbould be heaped up in some Fig. 140. Fif* HI measure, as it sinks together considerably in washing. The wash- tubs are 10 fl. long, 4 ft. wide, and in othi>r respects like the lixivitit- ing cisterns, only that they are provideil with a second pierced bottom, so that the fluid running "IT Irom the holes a, which are furnished with plugs, may be oonveyeii away by the gutter d. Each tub requires 144 lbs. of water ; of which, €0 lbs. are first poured with a waterine-pot over the flour, and allowed to remain on the saltpetre, with closed plugs, for two or three hours. The whole of Ihe chlorides are dls- SALTPETRE REPI.NRBT. 346 I I I I soWei] at the expiration of this lime; tbe p5ug:s are then remored, and the lye is allowud to trickle through during another hour. The ope- ration is then repeated with the same quantity of water, and laKilj, with the remaining 24 lbs- The first portion of water, and some of the second, contain the chlorides, besides saltpetre, and are allowed 10 Row ioto the crystalixin^ pans with the mother liquor. The re- malDder, and the third portion of water, tocher (K) lbs., which con- tain nothing hut saltpetre, are used instead of fresh water for the next portion. It is, consequently, only the first time that 144 parts of water are requisite; aflerwanJa, the washing is commenced with the pure solution of saltpetre from the foregoing process, and finished with 84 lbs. of fresh water, nearly the whole of which is again ob- tained as a pure solution of saltpetre. The wash flour remains fur 9Mne days in the wash-tub, and is then dried in a pan heated rery gently by the escaping smoke of the boiler, with coostant agilaltoo. The dry saltpetre roust be sifted, lo remove the lumps, before being sent into tbe market. On an average, 60 cwts. of (he crude salt, produce 35 to 36 cwls. of refined saltpetre, which is now fitted for all purposes, and particularly for the manufacture of gunpowder. When sufficient mother- liquor has been collected, it i^ submitted to a separate trcatineni. It is evaporated, with a constant additioo to the boiler, as was the case with the crude lye, to |<]s of its original bulk* the crystaliziog comuion salt and skum are removed as before, and, at last, it is ciarifted with glue. It must be borne in mind, that this mother-liquor contains nitrates of the earths, besides the chlorides, tnd that these former will bare increased to such an extent, that it becomes necessary lo decompose them by an addition of solution of potashes. When this has been done, the clear liquid is poured into the crystalizing pans, and the process repeatwl as before. The older process of purification diflers from the French method, in not producing any saltpetre flour, but in submitting the crude salt to two successive crystalizations, each of which affords a cake of salt composed of large crystals. For the first crystalization the same quantity of water is employed as in the French method, namely, Jth of the weight of the crude saltpetre, so that a portion of the chlorides remains undi^sotred. In the second recrystaltzaiion, the once puri- fied salt is dissolved in \d its weight of water, so that the residue of chlorides may remain dissolved. The second crop of cr)s1als, after being dried, is considered sufficiently pure for commercial purposes. The use of glue was originally peculiar to this older process, and adopted from it into the more recent method. • In Austria, milk of lime is added lo the solution of the crude lallpetre in {ths water, with the intention of decomposing the extractive matter, and the whole is crystalized without previously Hparating the deposit. A saline mass is obtained from which the lowest impure layer is scraped off, and the raoiher-Iiquor drained away. Instead of recrystalizing this crude product, the whole is placed upon a substratum of wood ashes covered with bibulous paper, whidi absorbs the residue of mother-liquor with avidity, provided care 346 BEFR&CTION Dp SALtPKTaE. has been taken to prevent the mass from previously becoming too dry. The mass is left covered in tliis manner for fourteen dajs, when it la dried. It is hardly necessary lo point out the inefhciencyof this process. In Sweden, where saltpetre is prepared on a small scale by indi- viduals, the refining is not made a distinct process (see p. 337). The crude lye is boiled, until the greater part of the extractive matter and the chlorides have sepiiraled, and the concentrated liquor is treated, after having been strained, with as innch water as will serve to hold the chlorides which have not separated in solution; the whole is then recrystalized. The production of saltpetre flour, and the method of washing it diHer in no way from the plan already described. The washed Hour is, however, melted in iron vessels in order to obtain a cake on cooling. In this state, the saltpetre is more easily conveyed to a distance, as it occupies |d less space: and the collector is ena- bled to judge in some measure of the purity of the Halt by the appear- ance of the fractured surface; pure saltpetre has, in the melted state, a coarsely fibrous structure, and is very translucent. The ^'glh part of common salt can be delectefl in this manner, when /^ih is con- tained in the saltpetre, the nucleus is no lon^rer fibrous, and if the common salt amount to j'nlh, the fibrous texture is perceptible only at the edges of the cake. As the great heat requisite to fuse saltpetre, and portions of carbon inadvertently falling Into the fusine salt, always occasion partial decomposition, and give rise to the production of tne tleliquesceni nitrate of potaNh, it is not desirable to fuse it, as it dis- solves afterwards with dilTicultv, and is by no means easily pulverized. Prorfwc/iflti /rom ChiU'Saltpetre. — In some localities, where pot- ashes are not too expensive, Chili saltpetre is converted by their means into potash saltpetre; the whole process is then reduced lo a simple purification (NaO, NO,+ KaO, CO,=NaO, CO,+ KaO, NO,). One evil is with difticully avoided in this decomposition, and that arises from the presence of common salt in Chili-saltpetre; for, as soon as a little more of the potashes is added, than corresponds vith ihe quantity of pure nitrate of soda, the excess decomposes chloride of sodium to tto purpose, and in the opposite case the product is easily contaminated with portions of undecomposed soda-sallpetre. By previous recrj-stalization of the cubic nitre, this evil is diminished. Ttsting for purity or Rffraction of Saltpetre. — Tn mosi rountriei, those persons who are commissioned to purify saltpetre for the use of the army, obtain the cnide saltpetre from individuals who make it their business to prepare it. As a considerable portion of the weight of this product is always due to foreign matters, and its value is solely dependent upon the amount of pure saltpetre which ii contains, it becomes important to have some means of ascertaining its value with sufficient accuracy in a speedy manner, that the course of business may not be impeded by the investigation. The object in testing the crude material is, therefore, to ascertain the amount of pure nitrate of potash which it contains; it is also sometimes desirable to know how much nitrate of soda there may be in it, as that salt adds to the REFRACTIOK OF SALTPETRE. 347 ■ I I value of crude saltpetre. The methixls which are generally employ- ed, ftflbrd no scientific accurac)-, nor is that ahsolutely necessary for practical purposes. In Sweden, where saltpetre is levied as a duty upon every landed proprietor, the samples for testing accumulate to such an extent, thai the easiest, though not the most accurate, plan ii&s been necessarily aiioplpd. The method was introduced hy d. Swarlz, and con.<ii<rf.<i in casting the melted nalt in the form of a cake, 1 inch in thickness, hy means of a small tin box, and examining its fracture in the manner indicated above. Thi.s casting is, of course, only necessary' when the crude saltpetre is not delivered ready cast by the producer, and he is not legally obliged to return it in that state. That which shows a radiating fracture, or is found To present it on fusion, must be accept- ed; that which does not, is valued by the collector, who is at liberty to take a larger quantity as compensation for the inferior quality. In France, saltpetre is tested in the humid way by a process in- troduced fay RifTault. A weighed quantity of the dry crutfe saltpetre is gradually washed, at the temperature of the testing room, with a saturated solution of pure saltpetre in water. When as much of this solution has been used for wushitit^, as would be sufDcient lo dissolve four or iivc times as much chloride as can possibly be contained in the worst sample of crude saltpetre, it is then quite certain, that do- thing but pure saltpetre can remain. For a sample consisting of 12| oz., 18J oz. of a pure solution of saltpetre is used, which will dis- solve 8| oz. of common salt, or 66 per cent, of Iho sample, a quantity which is ntjvur actually present. Noihtng now remains lo be done but lo weigh the stiltpetie remaining upon the fitter ; tiiere is, however, some difficulty attending this, as the solution which clings to it must first be removed. To effect this removal, the filter is spread out upon blotting paper placed upon a porous substance (a slab of gypsum, for instance), that at the expiration of twenty-four hours the salt- petre may be taken out and dned. From the weight found, which in- dicates the amount of .saltpetre in the sample, 2 per cent, must always be deducted, as that quantity has been found by experiment lo remain in the wash water, and which it is impossible wholly to re- move. It is obvious that this process must be both tedious and in- accurate; Gay-Lussac has, consequently, proposed the use of his alkalimeler as a means of testing sa]lpetri>. With (his view, the saltpetre must be converted into carbonate of potash, by fusion with charcoal when all the nitrogen is evolved. That the evolution of gas may not be too violent, and thus a portion of the test ejected, 4 parts of common salt, which in no way affect the test, are mixed with ^ of charcoal powder or soot by way of dilution, and the whole is brought into a state of fu.sion in an iron spoon. The fused saline mass gives a solution of carbonate of potash and chloride of sodium, which must be filtered, and treated with the test-acid in the manner pre- viously described, {p. 302.) Every per cent, of potash indicated by the alkalimeler, proves the presence of 2.14 per cent, of saltpetre, every per cent, of carbonate of potash, 1.46 of saltpetre in the sau- 348 RfiFRACTIOtV OP SALTPETRE— PROCESS OP UUSZ. pie Tested. The only objection that can be made to thU method is, that it requires as much csre and dexteiily in its execution as aay regular chemical analysis, and this rather unfits it for practical use. A very different method from either of the two preceding i« that proposed by Husj;, Colonel of Artillery, and introduced by him into Austria. His method is a physical analysis, and is founded upon the fact, that the temperature at which a cooling solution of saltpetre loses the property of dissolving more saltpetre, or what is the same dung, the temperature at which it begins to deposit crystals, (in fact, its point of saturation,) is a fixed temperature, and depends solely upon the relative proportion of water to that of (he saltpetre dissolved , whether chlorides are present or not. If, thereforf, the quantity of water remains the same in difTerenC cases, the point of saturation will solely depend upon the quantity of saltpetre, and the temperature at which saturation occurs, will be a means of ascertaining the amount of saltpetre in a given specimen. Experiments must have been previously made lo determine the point of saturation of solutions containing different quantities of sullpeire in an equal amount of water. Such experiments have been made in suflicient number, and arranged in a tabular manner, sliowing for all the points of saturation from every j; of a degree C, the quantity of saltpetre contained in 100 parts of water, or the per oent«ge of the solution. Thus, for instance, when la 100 pans of waiet ilwm ara iliMolrwl The point oT ■Btiiratinn (or n7nULtzBlt»n) will bo 22.27 saltpetre at 10^ C. = 50<* F. 23.36 " « 11.25* " = &2i'* " 26.96 " " 16° " = 59° " 32.50 " " 20** " = 68° •' 39.51 " " 25^^ ** ^ 77^ ** In order, therefore, to ascertain the value of a specimen of crude saltpetre, a weighed quantity must be dissolved in 100 parts of water at about 60" C. (140° F.), and the sinking of the temperature must be watched wilh a thermometer indicating }th of a degree, until civs- tals begin to deposit. The point of saturation is then attained, {or, in reality, is a Httle exceeded,) and the temperature observed at the moment, compared with the tabic, will indicate the quantity of salt- petre contained in the solution. The quantity indicated by the table calculated for the actual quantity employed, gives the real value of the specimen. Suppose the test lo have been made wilh 40 parts of crude saltpetre, and the point of saturation to have been attained at 17}° C. [63*^.95 r.), this solution would contain, according to the table, 30 parts of saltpetre ; these 30 parts were obtained from the weighed specimen, which consequently contains j^lhs=3 75 per cent. of pure saltpetre. It is self-evident, that the specimen roust be tho- roughly dry when used, or more water would be present, than is con- formable to the results given in the table. The mutual decomposition REPIlACTtON OF SAtTPETRK— PCLOL'ZE'S TEST. 349 of chloride of sodium and saltpetre, which has already been noticed, and which, by the production of nitrate of soda, causes an apparent greater solubility of saltpetre in water containing chloride of sodium, may give me to a slight inaccuracy in this method, which, in other respects, comes ncxl to the Swedish in rapidity of execuiion. No suitable menn? hare as yet been discovered of ascertaining the amount of nitrate of soda, whici) freijiiently accompanies the first crop of crystals obtained in preparing saltpetre from cubic nitre and pot- ashes. According to the observations made by the Prussian officers of artillery, the action of air saturated with moisture, may possibly load to some method of determining this point. Pure nitrate of potash ex- posed over the surface of water for fourteen days, remained compan»- lifely dry, whilst nitrate of soda placed under the same circumsiances, absorbed 25 per cent, of w-ater. When artificial mixtures of the two salts in a pure state were subjected to the same IreatraenI, the quan- tities of water absorbed were as follows : et nitnie of *u(la as I a » 10 AlMorttetl in 1 4 day* w 4 10 12 10 Walor, pc( ccuL AH gunpowder containing this variety of saltpetre would, of course, become moist in the same proportions, and wonid thus be rendered tttelcss; hence, the necessity for ascertaining the absence of nitrate c( Boda in saltpetre for all purposes connected with gunnery. The only test for the chloride (the usual impurily) in purified salt- petre, ^8 nitrate of silver, which produces a precipitate of chloride of silver, corresponding to the quantity of chlonde present. The ease with which nitric acid converts a protosalt of iron into a persatt of the metal, has been made available by M. tiossart as a neau of testing the purity of crude nitre. The nitrate under exami- nation is heated with sulphuric acid to liberate the nitric acid, and this ia caused to act upon protosulphate of iron: when ferricyanide of potassium indicates the presence of an excess of protosall, the operation is finished, and the amount of nitric acid in the nitrate, is ■ eitimated by the quantity of the protosalt which has been poroxtdized. There is some practical ditliculty experienced in adding the exact quantity of protosall of iron required in this process, and if any excess ■ of protosalt nas been used, it will of course give rise to an error indi- cating too much nitric acid in the substance analyzed. Pelouze obviates this difficulty by employing a known excess of the protosalt of iron in the preceding process, and then estimating the quantity of iron not peroxidized by the nitrate, in the manner proposed by Marguerite for analyzing iron ores. Marguerite has shown, that a dilute solution of prolochloride of iron is instantly |>eroxidizcd when ^B a sohition of permanganate of potash is added to it at the ordinary ^M temperature, and that the addition of the smallest quantity of mineral ^M cameleon to a salt of iron thus peroxidized, communicates a rosy tint 350 REFRACTION OP SALTPETRE— PELOUZK'S TEST. lo Ihe liquid, which indicates distinctly tho completion of the per- oxidation. Having previously ascertained thai 2 grms. of pure iron, dissolved in a considerable excess of hydrochloric acid, require, on an average, 1.216 grms. of pure nitrate of potash to peroxidize them, the process is then as follows: 2 grms. of harp wire are placed in a flask capable of holding 150 cubic centimetres, and from 80 to 100 grms. of pure strong hydrochloric acid are poured upon it ; baring closed the Bask with a cork furnished with a tube drawn out to a point, the iron is dissolved at a gentle heat. When the whole is dissolved, 1.200 frms. of the nitre under exarainalion is introduced, the flask is imme- lately closed, and the liquid boiled; it soon becomes of a brown color, dense vapors of hydrochloric acid, mixed with deutoxide of nitrogen, issue from the orifice of the tube, and prevent the access of ■ir. The liquid soon loses its brown color, becomes yellow and clear, and aAer having boiled for 5 or 6 minutes, and become per- fectly transparent, the flask containing it is removed from the fire, and the liquid is poured into another flask capable of holding about 1 litre, which is then completely filled with ordinary water; into this, a solution of permanganate of potash of known strength is cautiously added from a graduated jar. The flask is agitated, in order to mix the liquid, and as soon as this assumes a faint rosy lint, the addition of permanganate is discontinued, and the quantity employed to peroxidize the iron read off on the jar. Now, supposing that the strength of the solution of permanganate were such as would require 50 cubic centimetres for the peroxidation of t.O grms. of iron, and that 10 cubic centimetres had bee& em- ployed in the example above, we should then have the equation: &0 c. c. : 1.000 : : 10 c. c. : X = 0.200. On deducting, therefore, 0.200 from the whole amount of iron used, we obtain the quantity of iron peroxidized by the agency of the nitrate, or 2.000 — O.'iOO => 1.800 ; but as 2 grms. of iron corre- spond to 1.216 of pure nitrate, and 1 grm. consequently to 0.608, the quantity of salt corresponding to 1.800 of iron, wilt be found by the following calculation: 1.000 : 0.608 = 1.800 ; x = 1.0944. In the 1.200 of crude nitre submitted to anolysis there was, conse- I 0944 quently, 1.0944 pure nitrate of potash, or ' - ■ ■ - = 91.2 per cent. Access of air lo the flask, during tbe operation, should be avoided, as the nitric oxide which is generated would, by its means, become converted into a higher oxide, and thus peroxidize a further portion of tbe salt of iron. i*he protosalt of iron, dissolved in an excess of muriatic acid, is oxidized with great difficulty on exposure to tbe air, and no error need be apprehended on that account. ITie base, of course, is not indicated by this process, but it is peculiarly adapted for analyzing mixtures of sulphuric and nitric acids, used in the manufacture of gun-cotton, for mixtures of nitric GUNPOWDER. 351 acid with vater. and more particularly for saltpetre. The procen scarrely requires 30 minuteG for complelioQ, aod is accurate 1o wttbio froin two to three thousandths. * GtnrpowDEJt. L Irom tvi MP B^^flfjfory. — The early history of gunpowder is very obscure, and m the urxJitiary tradiiion which altributt-s its discovery to the Franciscan, Berthotd Schwartz, is by no means historically authenticated. It is, ^ moreover^ known that heavy artillery was used in the Uth centDiy, B and that Koger Bacon (born 1214), makes mention of powder in his " writings as a substance generally Known. Few inventions have ex- erted, such prominent inlluence upon civiluatioo as that of gunpow- der; its introduction completely changed the art of war, and so far inodiRed the instiluiions and forms of governuieut, as to Ibrm an era in the history of the world. kTTi* peculiar action of Cunpowder. — That gunpowder is a mixture of saltpetre, sulphur, and charcoal, that its action, on ignition, is de- pendent upon the instantaneous e\-olution of a large rjuantity of heated mSi which comroimicates a sudden, powerful shock to everything in tne vicinity, is well known to everybody. But the reason why not ^ eae of the similar substances, exerting still greater power, of which H chemistry can produce so many, is capable ^ replacing gunpowder, H is wnnhy of more minute invesligatlon. Several of these fcubstances, ■ like the chloride of nitrogen, explode upon such slight occasion, (hat they caunot be handled without the greatest danger. The same i> ^ the case with the material used for lucifer matches (see Appendix), and ■ Tith detonating powder. Independently of this, there are several ^ other important circumstances to be taken into consideration. Ima- gine the ball in a gun-barrel, at the moment of ignition, when it is forced forward by a sudden impulse, it is evident that a certain, |i although hardly appreciable, space of time, is necessary to overcome B the inertia of the ball. Ad open door can easily be shut by the little ^ finger, lime being allowed fur this shghl force to overcome the inertia of the door, whilst bullets from a gun will pierce it, but have no power * AtnoBgib« impnrtiint prapmic* oTmlipatrv, ibMoTdoSasniiing with earboraKsoiw Mid byHm^maiu compouiuli, » of ooam ilia tani of many of it> tinfol ■pptieukKw, Mwl ncA loM «> of ■!» ibnfBMMU teoctiora wlwa ez|KMn) in cxiuiri wiik iboac mMomlo IP lb* Kikn ofn i«d beat. According to lb* viowt of Momt*. A. A. Hn]mi,l^iiC B. Sjifi. laan UKt Dr. Hu«, tfa« imntadoiu eiploaoiH which oeenrrod durinc ihc tnmx An is Hrv Totk ID 1845, tamy he attrihiilnd kt the igaifioo of lh« Mtlprtic, awl ii» wddealr bfinc (wmcIm into cnnori iriib ihc othmi (^rjmliunibJM fWnJ Hi iha WD* bukldiac mtm ma sbellac, tad lirailiit maicriils. At m brijthi nd hcai alonr cuism nitra lo jriekl ap gKMMta oiviri^ and ■* ilie MUoe oiuao wrould nptill/ r^«rnil« carbttrdted b)-<Iin|Rn firm vhnlliii- or ntber ntitmu wihWno—, ii w owttin thai jf a tin w«ra nvjng in • tkttd buildjnc bAVJDR Dttrv tn ooti pan, antl rMinona nMtniali in atioUin. the fiuea (Mcntad in oa» apartmocu inin^ltiiig by tIefrvM wiili tbonibnned iBtb«otb«r,would at l«naih eoDHitutv wiib them in fspkmv* mumita. Wb«n ifae ftm poniona ibu Jbrmed bad npIndisLa umporarjr calmiroiild Mlowaniil Ihcfpace again b«Mn«fiU«<lwiiha mixture abU u axpiiida. Aa th* haai Irtercaiad, tbma ptrlodi would b« ettorler and the flaploHont baromo ai each rppciitioa mcra awl more violent. Tbii iDOteaiiDf taetfj it wbitt acrinally happeaed at ibo exicmive «loi«a rafvned to, comaiaiBK 300,000 lb*, of nB«.-[Aji. Ea] 352 GUftPOWDER—PRODDCTS OP DECOMPOSITIOM OF. to move it. The some is the case in the barrel of a gun. Wlien the velocity of the explosion does not allow time for the gaaes lo com- muiiicate llieir motion to the ball, it remains nearly immoTable, and becomes, ns it were, one of tho sides of llie barrel, which must then burst like a bomb. Fulminating silver, and fulminating mercury, are, for this reason, useless as powder; the applicnCion of chlorate of potftsh, instead of saltpetre, in powder, also renders its action loo rapid, and is attended with danger in the preparation. An experi- ment, instituted with (hat substance by Berthollet, at the powder mill of Essonne, cost two workmen their lives. The most explosive of all substances, is the chloride of nitrogen ; a drop in an open saucer makes a hole in the botloro of the vessel, and in the support, because all its particles are decomposed at the same instant. Gunpowder, on the contrary, burns with a certain degree of tardiness, so that the time during which the combustion is proceeding, can be observed and measured. In addition to this, powder has the incalculable ad- vantage, that all its constituents are cheap products, and are capable of being manufactured, independently, in every country. It can» therefore, be slated with certainty, that theory could not have indicated a more proper material than the practical experience of former cen- turies has discovered ; for independently of the irresistible power of gunpowder, its gradual action is that which has made it subservient to the uses of man, Prvduds of DecomposHion. — Mixtures of saltpetre and charcoal detonate with a considerable evolution of gas, but combustion does not proceed through their mass with sufiicient rapidity to render them lit to be used ns gunpowder. In both cases, whether sulphur is pre- sent or not, the evolution of gas is caused by the oxidation of the car- bon, at the expense of the oxygen of (he saltpetre. When charcoal alone is used, then the oxygen of the nitric acid only is consumed, that is, only |(hs of the whole, carbonate of potash remaining. Sul- phur, on the contrary, so far changes the process, that it combines with the potassium, torming with it sulphnret of potassium, and the whole 6 parts of oxygen from the saltpetre then combine with the carbon. The sulphur augments, in short, the action of the saltpetre, and what is of cjuiCe as much importance, it increases the combusti- bility In that degree which produces the greatest action, on account of its point of ignition being below the temperature at which saltpetre and charcoal detonate. The presence of sulphur has only one evil attending it, M-hich is, that an excess of it, or even of the sulphnret of potassium, which is always produced, attacks tbe metallic sides of the fire-arms, and particularly those of guns. For such purposes it is, therefore, advisable so to proportion the sulphur, thai simple eombinalions wiih potassium shall be formed, which retain their sulphnr with the greatest tenacity. An excess of saltpetre would, of course, be still more injuiious, but there is not much chance of its ever being used, as it is the most expensive of the ingredients, and there is no reason why a little more carbon should leORETICAL COMPOSirr CUSPOWD Ch*vrem, Ony-LiuaiiQ. 45.41 53 37.53 42 ^- — 5 8.10 — 0.59 ^_ 1 8.37 — i at th] not be employed tlian is actually required by the oxygen of the soltj pet re. The action of gunpowder is dependent upon a purely chemical prQ cess, which can easily be studied by the pnxlucts of decoraposition This has been done by Chevreul and Gay-Lussac, who found in lb mixture of gaaes, after the combustion of powder in a copper lube: Carbonic acid Nitrogen Carbonic oxide .... Nitric oxide ..... Carburetted hydrogen Peculiar gas, containing carbon, hydro- gen, and oxygen .... The large quantities of the iirst three gssea prove clearly that three last are only adventitious, caused partly by the incomplete actioq of the ingredients upon one another, and partly by moisture. Od firing the powder, therefore, the elements of the saltpetre are din parsed; the oxygen combines with the carbon, the jnilassium witB (he sulphur, and the nitrogen is liberated in the gaseous state. It ij| dependent upon the proportions of the elements, and hence, upon t will of the manufacturer, whether carbonic acid, or carbonic oxid whether the simple, or a higher sulphurct of potassium, and wheth carbonate of potash are produced. Now, although the extreme fo of the powder may remain unimpaired by modifying the proportions the mixture, yet dllTerences in its mode of action frequently aris which require further elucidation.* Theorttical Relation of higrtdtents. — Gunpowder, which is to entirely converted into carbonic acid, sulpfauret of potassium, am nitrogen, mu.st consist, as KaO, NO -|-S + 3C=N-|-KS + CO,, of ibna 1 va). of giinpowd«ft (»p. gr, i~ Ot'l. 177 HU Ml Nd. I. I n|. nkipf in • VVO I •' (iil(il>ui . yni '■i " chamial = ItSi KDd would prodace: I eq niimgrn I " HilpliDret of poiMuora M patu br vrtiithl 71 rola. o(| MO - - »SBM " 1«K) IMS UU) toial. Gunpowder producing carbonic oxide, instead of carbonic acid according to the formula, KaO, NO, + S + 6 C = N + S Ka + 6 CQ mast contain : .No II. I cq. ultpetfo a ISt? I " fulrOiiir - 301 0 - t«rl«r> - 4M 111 Its I r(i Rilni){cri . = 177 I " (ulphurtlurpulDMltun— OBI IBIB or ftom I Tol. of ppwiKr. *^ nuu liy wcirhl ^ M Tola 4113 ■■ •• . Wl •• 4ta * Dr. R. HoTH haa [iroved Uint, unung ibo Ovm) prtxlucl* of llic detumpotulion BURpOwdii by exploeioa, (li« >ulptioi-yaui(le o( poiaMiuiii is alvray* iftoidj—Ax. Ea. t lo ihu «ml ihtT ftjlltjving tailculntioiii, it is OMuractl wiili (iny.LiisB!*', thai 1 mr ■ire or v«iluni« of |iowilt.-t weijjlu 0.9 linii** as much u an cius] bulk of wnirr. [Cuf MordecMi tried i3 .tp^cimens or powder, of which he fouml the w«ight per cubi<i toot i bo on an avemgc 'JWJ tmacc*. The muimum wm 1047, the minimum 7 & J.I— J 2c* 354 THK0R8TICAL COMfOSITIOH OF GUJ^POWDER, The composition of No. I. is the more exjieiisire ; it requires ii per cent, of sulphur, and 8^ percent, of saltpetre more than No. II., wliich latter aflbrds, likewise, nearly twice as much gas; bat tfie heat pro- tluced, on combustion, is only hot/ as great, and the gas, conse- quently, not so much expanded. This expansion is of very much more importance than the original quantity of gas ; for 200 volumes of ga.*i at 1330° C. {= 2426° V.), lake up as much space as 300 measures at 797° C. (= 1466° F.), namely, 1170 volumes. The experience of several centuries, after a great variety of experiments, bas accorded the preference to No. I., as the best mixture for powder to be used in fire>ariiis; this will be evident from the following state- ment: Snllpriro Siil|j)i(it Cnition Na.L — ICHl — 15.88 — I!.?i5 PntKinn Frenrh AntmicRU miliiaty powdor. lyu — i(« — lOO 15.3 — 10.0 — lfl.O 17.9 — 10.0 — I«.0 AmIiIui riflo powdei. — 100 — 15.0 — i:.5 which proves that experiment aod theorj- agree with reference to the proper mixture of ingredients. Most of the various kinds of gun- powder are so nearly constituted in these proportions, that the same kind of decomposition is evidently aimed at in all of them. The deviations are easily explained by Uie fact, that pure carbon can seldom be used, hut such only »s contains hydrogen and oxygen, and an excess of sulphur is carefully avoided. Vet it cannot be denied, that some kinds of powder are calculated for another mode of de- composition. Thus, blasting powder (French), in which theinjurious action of an excess of sulphur upon metallic surfaces is not of mo- ment, and economy is the chief thing to be studied, can be so con- stituted that ^ of Che carbon shall be converted into carbonic oxide, the other half into carbonic acid, and at the same lime a higher buU phuret of potassium produced (KaO, NO, -f<2S-|-4C» N-i- Ilence the mixture must con^st of: .)• No. lU. or (|iiBntiiy acluolljr uxd: 1 equiv. saltpetre «> 1267 2 sulph ur 402 4 " carbon = 300 100 31.73 23.68 100 30.8 23. 1969 No. UL would giv* : 1 eq. bisulphuret of potassium « 892 1 *' nitrogen = 177 S *' carbonic oxide » 350 2 *' carbonic acid ~ 550 tknefore, 1 moiiUfQ of powder: 64.2 volumes of gas. 126.9 ♦' '• 164.3 " " 356 Total 1969 Certain other kinds of powder, like the French sporting powder, may be regarded as mixtures, which produce, on ignition, sulphuret of potassium, carbonate of potash, carbonic acid and nitrogen, for TBEORE posiTr UPOWDCI , NO, + 6 S + 23 C = 8 N + 6 KaS + 2 KaO, CO, + 21 CO,. Heoce the powder must coolain : NalV. Dt Ihers mte actually mixed Sequiv. saltpetre = 10136 100 100 M 6 " sulphur == 1206 11.9 12.8 m 23 " carbon = 1726 17.0 15.4 ■ 13067 According to theory tlicre should be obtained: from I mfSMiro of powder: 21 eq. carbonic acid nitrogen 6 ** sulphuret of potassium 2 ** carDoaale of potash Total 6775 1416 4146 1730 13067 192 measures of gas. 74 •' " 266 In wiving the problem as to which is the best mixture for the com- poMtion of gunpowder, by the way of experiment, Proust has earned the most credit. This philosopher classified the results of his obser- vations in three series. The first series contained the observations upon mixtures of saltpetre and charcoal in diiTcrent proportions, with reference to the duration of the combustion, and to the amount and nature of the gases evolved. They sliow clearly, that with Ivsa than ^th of carbon, nitrate of potash is left ; and that the mixlure, with more than Jth of carbon, produces, on the whole, somewhat more gas, but that carbonic oxide then be^nns to form (with a diminution m the carbonic acid), and a corresponding smaller amount of heal is generated during combustion. With jth of carbon the action is most complete, carbonic acid only is produced, and the best result is ob- tained. From the second serieM of experiments, it appears that of all the proportions of sulphur, even vrith difierent mixtures of saltpetre and charcoal, the action of ^Ib (sulphur) is the most powerful. In the third series of experiments, sererat di^erent kinds of real powder were examined, and the following results were obtained : lOOpnrta or jwwd«r, MMlating of: Pradaoed eabio Tmc oi gai. Niuo, Sulphur. CliarcoiU. 70 per cenL 7M " 7B 78.2 13 per cent 12.S ■' ViM IB per oenL 14.6 " II JO" lUO iia 112 It appears, on the whole, by direct experiment, that the proportion S : 1 : 1 is the best. This proporlion corresponds very nearly with the mixture No. I., and Ibis jb consequently to be preferred to all ihe 356 ACTUAL COMPOSITION OF CCNPOWDEK. Others, when other objects, as is the case wilh blasting powder, do not require a particular miirture. Actual Ctmstitution of Gunpowder. — In the following laWe, the constitution of several other kinds of gunpowder, not yet mentioned, is given: ■ Klnrl n^ wifWtw^Br To 100 paru nilre. Aeoord- ■ ifcUill Vl JIUWHBr* ii^ 10 1 CtHUKtMl Sulphui. 13.7 15.7 Meyw. WOrtonibur; cnnnon powder lft.O n.3 H " niuiOiKt " 14.3 19.8 » Gnnd ducby oC Hcgtv cnnram powil«T 14.4 30.4 H " " ninxlcQl " 14.5 31.3 M Swwlith war powder 13.0 31.3 •1 Princedoin or Homo wbj powder 18.3 18.3 - Manoverian ** " . 1S.8 85.3 •• Rmmwh cannon " 3SlO \M H Datch ■■ " sa.tf sau » Auatrimn niuilici " ITS IS H Imlian WM {iDM-der .... 13.B 15.8 FieelnL Chinew - " .... 37.4 3ft.S u French »po>iinK powiEci frnm Angnul Jme «n( iLeBoucb •I 17.5 VJ.6 a Itnlinn " " . . . . 34. S 11.7 K Frr.ncli toiintl |>owd<?r, KMuiine , 31.0 13.5 ■ KiigliMi Waldiiiin Al.ilicy powder . 18.0 13^ Um. Dnnliiirl piiwJct .... lS.fi 0.8 3l«yer. Powdut from Curtiii nn(t llaiTi^/ 1&3 Il.fi H " " Uwmpy 24.75 (US m " •• GrencU* 16,7 1S.7 m Bern«« powder .... 18.1 13.1 M Miethoii. I(]B4 31.3 13.0 « Statements of this kind ofien vary to a pjreat extent; nevertheless, many well-known kinds of powder are found conslilutcd so contrary to all theory, that they must either contain an excess of sallpetr* or of sulphur. The former is the case wilh the powder of Champy, the latter with the Chinese powder, which contains 3 equivs. of sulphur to 2 equivs. of potassium. The quality of the powder depends (apart from the relative propor^ lions of the constituents) very much upon the choice of the matcriBls, and, particularly as all three constituents are solid, upon the degree of intimacy with which they are mixed. These two points, there- fore, must dictate the method of preparing it. The Material. — Saltpetre. — Crude saltpetre cannot be used in the manufacture of gunpowder. The crystaline flour obtained in the re- fining process free from all chlorides, (p. 372,) is the best materia! for this purpose. Tn France the amount of chloride must not exceed ,fl'fljjlh; and in the celebrated powder mill, at Waltham Abbey, in England, the washing process is carried so far, that nitrate of silver produces no precipitate in a solution of the purified saltpetre. The flour is the more applicable to the manufacture of powder, as it re- quires no further grinding or preparation, which is the case with all thai is employed in the state of large crystals. HATl^RIALS USED IN TUG MAXUFACTDRE OF GL'NPOWDBR. 357 b * * Stdpfiur. — Sulphur can likewise be used in the slate in which it leaves the purifying process described at p. 218. But as the flowers of sulphur ahva)'s contain a little sulphuric acid, the stick or roll sul- phur is preferred^ which, at some period of the process, roust be pul- verized. 'Hie influence which the charcoal^ by reason of its porosity, inflam- mability, &c., exerts upon the qiialitj' of the powder, is vt^ry ronsider- able. The quality of the charcoitl, again, depends upon the material from which it is prepared, and upon the method of ils preparation. Proust's experiments have also thrown light upon the former of these points. He found that a mixture of 72 grains of saltpetre was con- sumed with ■ 2 |minii nf mrtim frcan li 1 Mimnds L<«Ting n rr*idi>c of Hemp Sialics 10 12( grains. King's spear 10 12 Vine branches 12 20 Chick-pea stalks . 13 21 Pine-wood .... 17 30 Common bird-cherry tree {Rhammis fntngula) 20 41 Mapie {Evonymus europ.) 21 27 Hazel 23 30 Horse chestnut wood S6 36 Walnut .... 29 33 50 45 70 48 whilst carbon from rice, starch, , albumen, bi^KKl, leather, &.c.. would produce no detonation. It is c bvious from the table, that rh e soft. 1^^ ungu woody parts of plants produce the best charcoal, and nitrogenized animal matters the worst. For the same reason, paper is not appli- cable in consequence of the size it contains, whilst the fibre of Hax and old linen is an excellent material for this purpose. The wood of the bird-cherry is now ver}' frequently used, also that of the elder, poplar, maple, and walnut. In Spain the prefiTtnce is given to hemp charcoal. Whatever kind of wood is employed, ihose parts must be thrown aside, which carbonize in the manner of starch, or albumen. Sec. For this reason, the bark, which is impregnated with gummy, mucilaginous and extractive matters be^des salts, must be peeled off* from the wood for charring, all the leaves and smaller branches re- moved, and wood which is not too old, and yel fully developed, should be selected. Branches, from one to two inches in thickness, are best for this purpose. It is also found advantageouii to expose the peeled boughs to the rain Jbr some time, which removes still more of the ex- tradire matter. The degree of inflammability of charcoal, depends mainly upon ils power of conducting lieat. If this is slight, the heat communi- cated to one part, will he tlie less easily taken from it ; it will be ex- tinguished with greater difficulty, and vice t>er$4. Experience has 358 CHARCOAL EMPLOYED IN MANUFACTL'RE OP CUNP0WD8R. shown the black-chnrcoal, produced at a high temperature, to be more dense and a better condiiclor of heat ihan the product of unfinished carbonization, or the so-called red-charcoal {charbon ruuz), of which inenlion has been made before (p. 64). In fact, a paniriilar bind of charcoal belonging to this class, is now expressly prepared for the manufacture of gunpowder. It can only be procured in a manner which admits of the most accurate regulation of the heat throughout the whole operation. Furnaces are used for this purpose, with cylinders walleil into them, Figs. 142 and 143, somewhat resembling Fi|. 149. F)f. 143. 00:Q the gas Juriiacvs. The three cylinders C, C, C, are of cast-iron j the front part projects out of the ftirnace, and ran be closed air-tight by the three discs o, o, o. The hinder part is let into the back of the furnace, so that the wall both supports and closes it. The pipes a, a, which are seen walled in at this part, and which connect the cylinder with the space i immediately before it, are intended partly for the re- ception of the test-woods, and partly for conducting the gases and vapors through walled channels to a separate cistern. The flame-fire, which is made upon the grates r r, is more uniformly disseminated by the pierced arch m; it first surrounds the lower halves of three cylinders, and then the upper ones, by the Hues e, e, e, and escapes, lastly, by the chimney k. Mj' there is a damper. When too much ash has collected, it can easily be cleared away through the channels c and d, which at other times are kept closed. The wood for char- ring fills the middle, narrow portion of the retorts; the larger pieces being placed on the outside, and the smaller in the interior, having been previously cut to the proper lengths. That the regulation of the process may not be impeded, and a uniform quality of charcoal obtained, it is not advisable to place more than three retorts in one fUroBce, and these are made only Just large enough to hold 100 lbs. of wood ; the charcoal is, therefore, tendered somewhat expensive. When all the crevices are luted, the fire is lighted. To etfect the decomposition with as little heat as possible is the first object, and the interior must never attain a red heat. The progress of CAjbo- p "''' P[lEPARA.TtON OP POWDER-CUARCOAL. 359 * • I I nizalion is esliniafed by the color of the escaping vapors, and by tbe appearance of ihe test-wooJs, which are frequently broken lengtb- wise» in order to see wbelher the decomposition has progressed uni- formlT from end to end. In about fire hours the dislillatton is in full progress. When tbe vapors appear yellow, and the Tests are bnttle, and prtsciit a yiillowisb brown, shining fracture, it is time to extineuisb the fire, a.t the bent of the furnace will then suffice to complete the carbonization. When tbe vapors cease to escape, the lids 0 0 0 are quickly removed, and the charcoal is allowed to cool in well-closed vessels of sheet iron. To avoid long interruptions, the wood is sometimes enclosed in sheet-iron cylinders, which are inserted into tbe retorts, and exchanged when the operation is finished, for fresh ones. It is questionable whether this method is profitable, as a larger amount of fuel is requisite to cailie tbe heat to penetrate the double casing. In a well-conducted operation, 34 to 35 per cent, of charcoal should remain. This is the usual amount of produce in the charcoal furnaces of Le Bouchot, for instance, where the carbonization is continued during twelve hours for good sporting powder, and for ordinary kinds from eight to nine hours. Good powder-charcoal {charbon roux) should be brown, with reins of a lighter color, smooth, with a number of cross fissures, but none lengthwise; when pounded, it should have the appearance of black shot velvet, should burn with a bluish flame, be slightly flexible, and dissolve almost entirely in eauslic potash. It is not found advanta- geous to extinguish the charcoal with water, as, if it is to be used immediately, which is always desirable, a calculation must be made for the amount of water, or the proportions in the mixture will not be accurate. One circumstance, which always occurs during charring, requires particular notice. In the cooler pnrts of the <li.slilling apparatus, tar IS constantly condensed, and on dropping back upon the hot charcoal, is decomposed, leaving a difficultly combustible coal as residue. This, and the half-charred portions, must he carefully separated, They amount, sometimes, lo 5 per cent. In furnaces of the best construc- tion, as at Spandau, for instance, this quantity is reduced to \ per cent. By another process, the wood is charred in furnaces resembling those used in tne coking of coal (p. 7:2). These are constructed with a dat hearth, covered over by a half-cylindrical arch, and with two doors, one at each end. In the beginning, when the wood with which tbe furnace has been charged is IgniteJ, both doors are left open. When the fire has burnt up sufficienlly, one of the doors is closed ; the other, from which the wood was ignited, is left open for the es- cape of tbe smoke, and in order that toe wood may be reached witb (he rakes, and thoRc pieces, which no longer burn with flame, may be pushed to the back part of the furnace. When the flame is nearly extinguished, ihe st-cond door is also closed, to diminish the glowing heat, llie charcoal may then soon be drawn out and extingulsbeJ^ in boxes of sheet-iroo. 360 PREPARATION' OF POWOER-CBARCOAL. Notwithstanding the saving of time which is effected bjr the use of these ftiroaces, they are, nevertbeless, not the most profitable. partl,v oti account of the great waste, and produclion of half-charreU wooil aod tar-charcoal, and chiefly because no deBiiiie amount of carboni- zation can be attained in them. Black charcoal is the only produce they afford. The ordiuary tnounds are not adapted to produce charcoal for the powder niilLs» as the smallest particles of sand introduced into the powder-mixture micht strike fire under the machines, and give riw to great danger. Vet, from a very ancient period, a kind of pit car- bonization has been practised. These pits are quadrangular and Bat ; they are lined with bricks, which are placed upright. A pit 6 ft. deep, and 12 ft. diameter, is liirge enough to char 2U cwts. of wood. The margin of the pit must be firm and even; soft, rlay-like sand, which is easily formed into balls, and woolen cloths, must also be at band. The wood is bound up in fagots, consisting of some hun- dreds of pieces, which are arranged with sorae degree of regularity in two layers, one upon the other, and project about 4 ft. out of the pit. By means of a pole, previously inserted crossways, one row of fagots is easily made somewhat higher than the adjoiuiug one; a channel is thus left, which must be open in front, as ]t serves for the admission of the materials for igniting. Straw and shavings are in- serted and ignited, and the whole contents thus set on fire; Uie mouth of the channel is then immediately stopped up with fagots, to avoid the admission of an excess of air. The flame gradually makes way, consumes at last the pole, the channel becomes closed, and the mass of wooil sinks together. When the fire is extinguished, the pit is no longer filled by that wliich remains; the same number of fagots are, therefore, gradually added, as were at first u.sed. The regular stratification being thus destroyed, it becomes necessary, in order to obtain a uniform state of carbonization throiiglioul, to loosen (he mass in some parts, and force it together in others. When the flame is everywhere extinguished, the process is finished. The air is then quickly excluded, by throwing the welled woolen cloths upon the even surface of the charcoal. On the top is thrown a layer of sand, which is firmly stamped down. In three or four days the charcoal may be drawn, and must be carefully separated from half- charred pieces, and from earthy particles. As much as 16 or ]7 per cent, of charcoal is obtained by this very imperfect process. Neither the form of the pit, nor the use of sand, can be recommended. Sometimes round iron pans with lids are employed, instead of the pits, which aHbrd a similar kind of coal, and a produce of 23 per cent. The charcoal from the pits, furnaces, and pans, is black- rharcoal, and is in the form of long, sonorous rods, which must not be con- taminated with tar-charcoal. In contradistinction to this, tbe char-j coal from the cylinder is called " distilled charcoal." M It is always advisable to separate any sand or other impurity from the charcoal, before putting it through any further operation ; this is . either done by liaod, or, as at the period of the French Revolution, when no time was to be lost, by being throvn with shovels against a current of »ir, which carried away with it sand and dust. Prtparaiion of the Misture, and furiker Operations. — It has been stated before, thnt the iniimate mixture and consequent minute state of division of the particles, are of as much importance to (he quality of the powder, as tbe proper proportion of its ingredients. Hence the great care expended in mixing and pulverizing, and the peculiar ar- raagement of ihe apparatus for Ibis purpose. In whatever way it is eflected, the object is always the same, namely, to pulverize and mix the constituents into a nioi^t paste, of as great density as possible* which is afterwards sep:irated into grains of eqnal size. These must be sifted, dried, and sometimes glazed. TTSe Pulverizing Drum, and the JUtolutionary Proctss. — Since the period of the French Revolution, the pulverizing drums, invented duriog those pressing times, have come into very general use. These ccmsist of barrels, like those in Fig. 1'19, suspended on one axis, 44 inches long, and about the same in diameter, and furnished on their internal surface with a series of ridges (about twelve), which project about 8 lines. These barrels ite sometimes made of wood, ''•«• '♦*• but more generally of leather, which is nailed to a skeleton of wood. A barrel of this Irind is shown in Fig. 144: a is the axis, c, c, c, &-c., are the ridges. At B there is a flap, or door, which is kept closed by tbe straps 6, 6, and by bolls. To prevent the dust from escaping, the drum is surrounded by a frame of wood C, G, G, upon which leather ia nailed in the interior. In Hie lower part of ibis cover- ing, tbe side /), D is mov- able, and fastened by bolts, that the trough C, C, which moves upon rollers, may be moved in and out when the barrel is emptied. To prevent the contents of the barrel from falling at the side, the trough is so shaped that its edge exactly fits the inner funnel-shaped appendage J^/ of the covering. Tbe pulverization in this machine, is effected by a number of small bronze balls, of ihe size of the ba]Is(marbles) used by children (3^ lines in diameter), which are kept in motion by the revolution of Ihe bar- rel. Tbe velocity roast only be sufficient to eany the balls to a certain hdghi, and allow them to fall back over the ridges; too much velo- city would cause them lo remain firmly pressed against the side, on account of the centrifugal force. For example, in the manufacture of French sporting powder, 36 lbs. of charcoal are placed in the drums Sf I 362 GUNPOWDER— PULVERIZATION OP INr.REDIEMTS. Fig. U5. Fi«. 148. with 3 cwts. of bronze balls, and allowed to revolve for 12 hours, with 30 revolutions per minute. At tbe expiration of this time, the sul- phur is added (30 lbs.) in rolls, which is reduced to powder in Ibis manner, and mixed at the same time with the chRrcoal. On empty- ing llie barrel, the flap is reraored, and a sieve of brass placed before the aperture, which is then broug;ht to the lowest position. Thus, tbe mass only is precipitated into the trough, and the balls remain behind. The saltpetre -flour is added to the mass thus prepared; and that it may be thoroughly mixed, and more finely pul- verized, it is made to revolve just as long in another barrel, with tin instead of brass balls. The mass is ihen formed into cakes. It is first moistened with j'pth water, and made into a thick paste ; this is spread 4 lines thick upon a copper plate, and covered with wet linen, apon which is placed a second layer, and so on, until a sufficient quantity has been prepared to be brought under an hydraulic press. The layers are there reduced by pressure to Jtb of their former thickness, which is easily done, if they are surrounded with wooden frames of the pro* per dimensions. The bronze balls are subject to wear away in this excellent method of pulverization, (whicb is, in part, attributed to the chemical action of the sulphur upon them,) and they should be cast of as hard a metal as possible (4 copper to 1 tin). Powder Mills with Stampers. — The old and still verj' (general method of pulverizing, mix- ing, and pressing the mass, is that of the stamp- ing mills. Figs. 145 and 148, in whicb all three operations are done at once, and on a large scale with pestles set in motion by machinery. The mortars ^g- are a series of nearly circular hotlnws, cut in a solid oaken block in which the pestles move up and down. These pestles arc fitted with a bronze shoe h at the end, into which the rod is nxed, by driving up the wedge e and the shoe b at the same time. The stampers are moved by the cogs of a wheel catching the cross pieces m, which are fixed into a by the wedges n. It is well known thnt wood offers much less resist- ance in H cro-ss direction to the fibres, than in the same direction with thera ; whil.st, in the former position, the fibres easily split away ; they wear out much less rapidly in the latter. From the position of the mortar-block, the blows of b would naturally fall across the grain ; fi)r this reason a piece of hard wood d d\s inserted at that part. To give greater strength to the block, it is surro<inde<l with slrips of metaJ /, and holdfasts e e, which must all be covered with wood, that no sparks may be struck. The Ibrm of (he stampers, and of the mor- GUNPOWDER— PULVERIZATION OP INGREDIENTS. 3€3 Pig. Id. I tar, is by no means a matter of indilTertnce, as the uaiform mixture of the ingredienls of ihe paste is maioly dependent upon it. Fig, HI. ^Mico both parts have the form represented in the figure, the mass is then squeezed by every blow towards the sides, rtsos hi^er and higher, until at Inst it bends over and comes again un> der the stamper. The mortars are 14 inches in diameter, and 9 inches at the mouth; they are placed 17 or 18 inches apart from centre to centre. A mill has generally two rows, each oooiiisting of ten mortars. The stampers weigh 80 lbs., the haJf of whirh weight is that of the bron/e shoe, which is composed of an alloy made up of 100 copper to 22 tin ; the other half is the weight of the rod, which is grooved to prevent its being too heavy. The vertical motion is kept up by two parallel beams of the wood work, between which Ihe stampers move up and down. When a wooden bolt is inserted in the hole v, at Ihe highest position of the stamper, this remains supported by the cross beams, and the cogs of the wheel no longer touch it ; each single stamper may thus be put out of action. In weighing the mixture, it is divided into portions of 20 lbs. each, that being the quantity worked in each mortar. Saltpetre nnd sul* pbur are placed in one vessel by themselves, the carbon in another, apart. The process begins with the pulverization of the latter. All the mortars are first charged with charronl, which is thoroughly moist- ened with somewhat less than an equal <)iianti1y of water. The stampers arc then set in motion. These are raised twice by each turn of Ihe wheel, and to a height of I( feet, giving about sixty blows per minute. In twenty or thirty lainutes the charcoal is reduced to a soft paste. 1'he machine is then slopped, the charcoal thrown out upon (he sides is carefully scraped baclc into the mortars, and the saltpetre and sutpbur added with about ^ as much water as w»s used before. It is quite impossible, by the mere action of the machine, to obtain a perfectly uutlbim mixture, for this reason, (hat a crust always attaches itself to the bottom of the mortar, which, inasmuch as it no longer follows the course of the other parts of ihc charge, cannot be thoroughly powdered or mixed. The workmen must, therefore, lend their aid. To en.surc a tliorongh mixture, it is necessary lo exduinge, from time to time, the contents of the mortars with each other. lo Lois operation, all that has attached itself to the sides is carefully scraped out, and so much water added as is couMilered suRicienT by the su- perintendent to retain the doughy consistence of the mass. It is evi- dent that the proper motion of thi- charge in the mortars, must de- pend upon this slate of humidity ; if the charge is allowed to be too wet, it will cling with excessive tenacity to Ibe udt^ o^ \\\^ ^stu'^.u.^ 364 fOWDEa MILLS WITH BDGE-STONES. and if too dry it will be easily thrown out. The first eichange is made aft^r 2000 strokes of tho stampers, and the following aAer«ach 4000. llie contents of the first mortar is scraped into a spare ves- sel, that of ihe set^ond into the one which haa been first cleared, that of tbe third into the second, and so on, until lastly, that contained in the spare vessel is emptied into the last. To save time, the first and sixth are emptied at the same time. After the last exchange, the Stampers are allowed to work without interruption for two hours, lo gi»"e density to the mass. The whole process in the mortars lasts tourteen hours, four hours of which time are employed in transposing the charges. When the pulverization has been previously eflTected in the drums, and the mixing; and thickening harr only to be done by the stamp-mills, tbe requisite time is, of course, proportionately shortened. la Italy heavy metallic mortars are used; in Switzerland, for in- stance, al Bern, where a celebrated kind of powder is made, hammers moved by water power are employed instead of stampers. Powder-mills tetth edge-stones. — The method in which edge-stones are used in the mills is very different from those yet described. This apparnlus is the same as that employed for crushing oil seeds, &.c. Two upright stones turn upon a common horizontal axis, which again, together with these two stones, turns upon a vertical axis placed in the centre of the round flat bed-stone. The edge-stones are hewn from a kind of stink-stone, like the French stone found near Na- mar, or are constructed of marble, copper, or as in England, of cast iron, and, to avoid sparks, enclosed in a ring of bronze. The diameter of these eiige-slones is t> feet and less, up to 10 feet ; their weight from 50 to 1 00 cwis. ; but they are sometimes above and Mroe- liraes below that weight. They revolve from eight to ten limes per minute, and carry a wooden scraper behind them, to bring back (hat p&rt of the mass which has been pushed aside, into the track of the stone. When one of the edge-stones is brought nearer to the vertical axis by the length of its own thickness, than the other, that part of the mass wliich is squeezed by the one stone into the interior, will then come exactly into the course of the other. The action of these stones is much more appropriate than that produced either by the mortars or drums, as will be easily understood by considering tbe kind of motion which they undergo. This motion is first a rolling motion round the horizontal axis, by which the stone acquires a tend- ency to roll on in a straight line (with the tangent^. This tendency is counteracted by the revolution of the whole round the vertical axis, which every instant forces (he stone away from Ihe straight direction, and ^ves it a circular motion. Heiiee two actions are produced which obtain simultaneously at every instant: one, caused by the rolling motion, which merely crushes the matters, and another by the sliding motion, which tears them to pieces. Mills of this kind, there- fore, unite (he action of simple rollers with that of grinding mills in which the stones move in a horizontal direction. It must be admitted that the process is more dangerous with mills of this construction, but the powder is oerer ground in a dry slate. In the beginning, a more rapid motion is given to (he stones, as the DBKBITY AND GBAVULATtOrf OP GDNPOWDER. 365 P n cfaiof object is to reduce the mass to a 5ne powder. At a later period, when this has altaioed a uniform salve-Uke consistence, the Telocity is slackened, thai the stones may net more as a press, in order to gire density to the mass. That it mny not form too thick a layer, 40 or 60 lbs. should be the greatest quantity worked at onre. Id Belgium and Germany the saltpetre and sulphur are crushed tf^ther under the stones, and the charcoal is then added in lumps. In England, the sulphur is ground by itself; the charcoal, together with the sulphur, both under different rollers, and the mixture is afterwards brought under the edge-stones. At Le Boucbet, in France, where the mill-stones are used principally for sporting powder, the pulverization is generally effected in drums, the mixing and thickea- iDg under mill-slones. TJi« object of makijtg tht Powder dense.- — .A.s the action of gtm- powder, on being ignited, depends upon the enormous increase of space occupied by the gases, ns compared with the original bulk of tn« powder, the action must necessarily be augmented in both cases, either by the increase of the amount of gas, or by the diminution of the original space ocoupied by the same weight of powder. This diminution in bulk is sou^t to be attained by pressing or condensing, and must necessarily be done at this period nf the process, as the operations which follow can do nothing towards it. The condensing is considered of such importance, that machines hare been invented especially for the purpose. These consist of three rollers, through which the mass is passed in endless cloths. One of these surrounds the two upper roUi^rs, the other the lower one only. A funnel con- veys the paste between the cloths, with which it passes through the roflerfi, and appears at the other side in the form of a cake, which breaks off by its own weight and falls down. The rakes arc at first 8 lines thick, and are reduced to \ of their original thickness. 7^ Granulation, or Coming, why necessary, — All the processes here described, produce a cake which varies both as regards thickness and hardness; and this lias now to be resolved into grains, as that is the only form in which powder can be used. The reasons for this are many, and are all of etiuat importance. Why lumps and larger pieces cannot be used requires no further notice: but it may be as well to state what advantages the granulated powder, first introduced by the French, has over the dusty or flour-like powder which was the only form in which it was known prior to the 14th century. In the first pbace, powder-dust is inconvenient to handle and colors too much; it afibrdslikewise no guarnntpe for the constant relation of the propor- tional quantities in the mixture. Again, when exposed to long car- riage, not only would a larger portion be dispersed as dust, but the saltpetre and sulphur, which are much heavier, would sink to the bottom of the boxes or sacks, whilst the lighter charcoal would be left at the lop. Moreover, experience has shown that a mass in dense grains attracts mach less moisture than when it it is in the form of fine dust. And lastlyi the less degree of inUamro ability of the fine dust is a material 2v* point, i. e. vhen two equal charges of dust and ^ain-powder are lired, the latter burns much more rapidlr, and has a proportionally greater action. In a mass of powder, the combustion proceeds, al- uiough with extreme rapidity, from particle to particle. This takes place either by means of the red hot matters themselves, in which casf! It is much more slow, or by means of tbi^ flame, provided sufficient space is lel^ for it to penetrate the masti. The former is the case with dust, the latter with corned powder; when, therefore, only a few grains of the lattrr are ignited, the same action will result, on account of the flame spreading through the charge, as if the remaiuder had been ignited at several places simultaneously. According to the experiments of Piobert, with powder of density = 1.5, layers of 6.2 to 8 lines in thickness can be inflamed in a second, whilst with dust or meal powder these layers cannot exceed 3.6 lines. The same is proved by the experiments made with percussion caps; for the same charge carries farther when fired by a cap than when flint and steel are used. Percussion caps, therefore, effect a saving of powder for the same range ; for the flame, which upon the old plan with flinl ami steel, chiefly acquires an outward direction, can only escape when percussion guns are used, from the cap to the interior, or in the direction of the charge; it therefore penetrates with great Telocity the interstices between the grains, and ignites in the same time a much greater proportion than could possibly be ignited by the spark from flint and steel. The action is, therefore, increased in a Similar manner as would have occurred, if the charge had been fired on the old plan from several touch-holes at once. Connected lumps of powder ofler the greatest obstacle to the penetration of the fire; this is the case to such an extent, that powder in that state burns with a great evolution of sparks, without giving rise to a powerful explo- sion. With coarse grained powder the explosion is, therefore, weak- ened and less sudden. These facts arc all known and are attended to in the adaptation of powder to fire arras. For sporting purposes, where the barrels are most carefully made of the purest and toughest iron, and cunsequenlly ofler the greatest possible resistance, a more rapid explosion need not be feared. Sporting powder has conse- quently the finest grain. Cannon, on the contrary, are made of a brittle materia!, which would more readily burst from any sudden ex- plosion. Canuon-powderis generally made very coarse in the grsiD* and rausket-powder is intermediate between the two.* Ordinary Process of Granulation. — The granulation consists in crushing the cake of powder into grains of about the si/e of coarse sand. Three kinds are always obtained, namely: grains of too large a size, Kuch as have the right dimensions (in several gradations), and dust; these are separated from each other by sieves. Il depends upon the use to which they are destined, whether these three kinds must be separated or left mixed, as they are in blasting powder. In the ordinary process, the cake is broken up with hammers and then * DiiDinithod qountiqr may repines cf^nmetA of gmnulBiion, ni will tw teen below in B iHxe tP- 37fl} Nlitir* lo Ckpu .MarUeQ«rs vxpvriniraEi — An. 1^. or cvAMrr— ct-AUsc. 367 brought apoa ibe MkU mmu, wUdi mwn aAa Id caaTcK the lanps tto grsiu, than lo «rp*nie Atam hOcr froB M£h eiher. The sieves are made of pawhtit or lather, m vhich rmukI boles of anifonn azf are aceantdj pierced. A Icaa-iiapai diac of hanl wood is placed upoQ the mtrt tegcther vkh the caihe, aad t* sotDctimas iveigfiicd with lead, a mlaiT ■ariaa k nvea u this bj the woricmaB, I aod the laropa of cdke ate crmAtd wA a ifi^ pmsoje aolil the § rains are sntall caough to pass Awgh the holes of the aeve. ieTes of brass-wire and others of har arparate the coaner grains and Ihe dust from the pfx>per sized graws. Sporting povder, which leafacs a Ug^Hr piice and admits oTtoore fcostly appantos bctag ased ni the aanaftctnie, is graouUied in France by » separate auchine, conailiagof dghl aseres^ ad io notion at the same lime, each of whidi gruio^es iodepeadeBtlr of the others. Leather pipes cootey the dost to a serrate box. If sieves vilh sncb narrow boles were used id the first instance, which woaki onljr admit of grains of the proper uze and dost passing through, too luch of the latter woaU be obtained. For this reason wider sieves chosen which allow a mixture of coarse-grained powder, ^>orting powder and dust to fall upon a secood sieve; the two latter pass through this, but the coarse-grained powder is carried back by an in- genious cootrirance to the upper sieve. The crushed mass is Icept iu constant and rapid rotary motion, whilst a scoop of copp<?r is made to project into the sieve and oppose itself to the current, in ilbf direction, tbereibre, of the tangent, towards which the ceotrifugal ibrce tends to throw out the grains. These, therefore, collect in the acoop, and with the existing velocity are carried back into ifae first neve. In the same manner, the proper sized grains are carried from the machine into leather bags. Process of Champy, — It would be foreign to our purpose to de- scribe all the apparatus and machinery invented and employed in liSercnt places, but not generally adopted, for the granulation of '^ powder ; yel it may be noticed that all these contrivances only afTonl angular and irregular grains. The process applied at Bern makes, however, an exception, and has been introduced with some alterations by Cbampy io Le Bouchet for the tnanufacture of blasting powder. 'Hie granulation is here elTected in quite a different manner. Through the hollow axis of a rotating wooden drum, the exit tube of a water cistern passes and terminates in the middle in a finely perforated rose, which sprinkles athin rain overthe powder dust, with which the dnim is filled. Each drop then forms the centre of a small but perfectly tJDund grain, \vhich may be increased to any desired dinicnsioinH. [The separation of the dust and the larger grnins is performed in the usual manner with sieves. Glazing. — Angidar powder can also be rounded hy a subsequent process, ghzing or polishing, the only object of which is to render ^ifae suriace of the grains firm and shining, and prevent Ihr powder from imparting color io the touch. Sporting powder is alwnys glazed, l)ut war powder in some European Slules only, as the other advan- ftages attending it are very problematical. CUnPOWDER— GLAZIKG. A successful glazing operation recjuires that the powtler shotild be moistened to a certain extent, which may be attained by previously drying it partially in the sun, or with greater certainty by mixing n portion of drieil pnwiler with a sufficient quantity of the same kind undried. In \\m state, it is admitted through the flaps u u, IdIo the revolving barrels -? .-i, Fig. 149, which are turned by a toothed wheel, R R, fixed to the long '"''■'**■ axis n of a water- wheel, and the shafts with drum>wheels L L. Too much velo- city would destroy the grains instead of po- tishiiig them, and the barrels must only rn- tatt! sufiiciently to cause the grains to roll over each other, and become polished by attrition. The barrels abotild only be ^ or 1 full, so that a barrel 64 inches long and 48 inches in diamefermny containScwts. of powder; 4 rods are also fixed id each cask from end to end to increase the friction. At 6nrt the barrels are caused to revolve slowly, and the velocity is gradually increased. In France, for inslance, where the glazing process lasts 36 hours, the barrels revolve in the first 12 hours, from 9 to 10 times, inthc second labours, 30 times, per minute; and in the last IS hours, the velocity again diminishes. In England, the rotation is also slow at firs1,11i{'n(orfj hours, *J8 revolutions are made per minute, in the next 3 hours, 20 revolutions, and at last during 2 hours the rotation is very slow. The dtmiaulion of velocity at !a.st is necessary to cool the powder, which becomes warmed up to 50° or 60° (122° or 140*= F.), and in this state would lose much of its polish when exposed to the air. Glazed powder absorbs less moisture from the air, and can be better preserved, but with the firmness of its surface, the inflamma- bility is diminished. For this reason, in Austria, the powder is re- moved from the barrels in about 8 or 10 hours, when it has acquired a dull lustre. It is remarkable, that the less degree of infiammabitity noticed above, is compensated by greater denaty, and (his increases with the hnmidiiyof the grain employe<l. Experiments made at Le Bouchet have proved this fact very clearly; it was found, that wheo compared with the weight of an equal bulk of water, the weight of a certain bulk of powder was: Before glazing 0.810 After 4 hours* exposure in the barrels . . 0.833 " 8 " " "... 0.846 " 20 " " "... 0.869 " 26 « •' "... 0.870 GCNPOWD£ft— DRYING PROCESS. 369 After 30 hours' exposure id the ban«ls . 0.889 "4a " " . . 0.893 3V drying. — All freshly comed or polished gunpowder is too motst for immediale use, and must consequently be dried. It is of conse- quencf*, that the firuiof ss of the grain should not be destroyed by (oo rapid drying, and for the prorluciion of powder that does not easily absorb moisture from the atinoBphere, idow, gradual desiccation is an importiint point. The proper temperature for drying is oblalned in ihc open nir by exposure (o the sun, or in the shade ; but this practice is incooveaient on account of the changeableness of the weather, and the hygrome- Iric slate of the atmosphere. Powder spread out upon drying cloths in layers of 1^ to 3 lines in thickness, and occasionally turned over, requires four hours to dry in the sun at a temperature of 60° to 70" (140^ to 158° F.), and nine hours in the iihade where the temperature does not rise above Sb*' (77° F.). A decidedly safer plan is to dry the powder in a chamber heated by xteam, in which the temperature is at first IS'' (66" F.), and gradually rises lo 50° (122° F.J. But the most cITecuial plan of all is unquestionably that practised in France, where the necessary heat is applied, and care is taken to con- tUict away (be aqueous vapor by proper ventilation. A ventilator drires a current of air through, a box, where it is warmed by steam pipe* traversing the box, and then permeates the woolen cloths, con- taining the I ay era of powder 1^ inches in thickness, which form, as it were, the lid of the box. In this manner, fresh dry air is passed everj' instant between the grains. The finished powder is packed either in sacks, which are placed in casks, or in double casks, the inner one of which is pasted over \Wlh paper; or lastly, in tin canisters (sporting powder). For naval pur- poses, copper boxes covered with wood are employed. These pack- ages always hold quantities consisting of I cwt. or less. The outward appearance and character of the powder afford a pretty safe criterion by which lo estimate its quality. It is generally slate-colored, dark bluish gray, more brown when the powder has been made from distilled charcoal. A pure black color indicates either loo much, or too hard charcoal. The color must, in every case, be quite uniform; light spots, or glittering points, visible with the magnifier or the naked eye, prove a waut of uniformity in the mass. This may have been caused by bad preparation from the beginning, or by the efflorescence of the saltpetre on the surface, when moist powder has been re-dried. Properly dried puwder, freed from dust, ought not to color the hand or paper; it muBi give a grating sound when squeezed together; the grains should be lUfficultly crushed, and on being ignited in the open air, ns little residue as possible should remain. Burnt upon paper, the paper ought neither to be much blackened nor burnt. Another very important property of powder, its density, has already been Doticed. \Viih reference to this, it must not be overlooked, that 370 OGKSITV AND IKPLAHMABtLITV OP GUNPOWDER. it is not 50 much the sp. gr. of the single grains that is of conse- quence— although this, by the way, is closely connected with it — as the weight of the quantity of powder which is necessary to fill one measure (for instance, i iitr. or 1 cubic footj. N'ow, as two oppo- site properties depend upon this density, i. c, the relative quantity of sas |jroduced, is augmented with the ilensity, whilst, at the same time, the uiflamiaability is diminished, it is necessary to keep a proper mean between the two. Ure found in four samples (see below) the spec, gr. (of the single grains} to be 1.793 — 1.800, and that 1 volume of powder of the first kind weighed 1.02 limes as much as an equal bulk nf water, the same quantity of the second 1,03, of the third 0.99, and of the fourth 1.05 limes as much. The inflammability of dry powder by a mere blow without lire ia a well known fact, and has more than once been the cause of acci- dents. Thai this property is not always due to an accidental admix- ture of other matters, as sand, &c., but is really a property of the powder itself, was proved by the experiments instituted at Freiberg with blasting powder made from chfmioally pure ingredients, namely 63.3 saltpetre, 20.0 sulphur.and 16.7 charcoal. Out of ten samples, which were wrapped in paper, and struck upon an anvit with a heary hammer, seven of the corned powder exploded, and nine of the pow- der in the form of Hour. Other kinds of powder behaved io the same manner. It is of importance, in the construction of powder mills, to know that the explosion occurs most easily by a blow from iron upon irOD, iron upon brass, brass upon brass, even from lead upon lead, and len<l upon wood, but not so easily from copper upon bronze or upon wood. Allhough powder contains all the requisites for combustion, (not only carbon but alsooxygen,)yet it does not take fire at temperatures below a red heat. When the heat is cautiously and gradually raised, the sulphur first melts, and at last burns at a temperature of 150^ (302° F.], as if it alone were present, and thus communicates the flame to tlie other constituents of the powder. If the air is withheld, and the heat is applied lo the powder in a vessel void of air, the sul- phur can not only be melted, but entirely distilled over. After tiie separation of the sulphur, llie residue is affected as usual by the in- crease of temperature, the saltpetre melts, and is at last decomposed by the charcoal. Any sudden rise of temperature causes an explo- sion, just as if the experiment were made in the air. Powder is most rapidly and surely ignited by the contact of red hot bodies, such as sparks of iron from a galvanic battery, glowing tinder, or when sur- rounded by a very hot flame (percussion caps). The phenomena ob- served by Hearder, not only with gunpowder, but with other similar mixtures, are exceedingly remarkable and difTicull of explanation, should Ihey be hereafter confirmed, lie found, that powder exposed in vacuo to a platina wire healed to redness by the passage of aa electrical current, was not ignited. The sulphur melted and vola- tilized, just as if the powder bad been slowly healed from below. A small quantity of air left in the vessel was sufficient to cause the ex- FORCE OP GUNPOWDER. 371 pk>sion. The same occurred, and even more quiclcly, when nitrogeo only was present, so that it would appear as if the ignition were de- pendent, not merely upon the presence of oxygen, but upon that of •ome gaseoQs body. It has been shown, that, by the rapidity with which powder is ignited under ordinary circumstances, its action is dependent partly upon the relative proportions of its ingrredienls, but more particularly upon the mechanical nature of the mixture, and the cha- racter of the grain. That kind of powder may he cbIImI the best, which does not ignite too rapidly, and in which the ignitioa is nerer- theless complete, before the gases produced have had time to escape, ». e., before the ball has left the barrel. Powder is often met with, which, from being badly prepared, burns too quickly, and is dangerous, fifom its tendency lo burst the barrel of the gun. It is of the same character as the so-called detonating powder, a mixture of 3 parts saltpetre (3 rquivs.] 1 part carbonate of potash (2 equivs.), and I Eart sulphur (5 equivs.), which explodes with a fearful report, and lows the strongest vessels to pieces. Its composition is such, that sulphate of potash is formed with the evolution of nitrogen and carbonic acid, for: 3 KaO, NO. +2 KaO, CO, + 5 S = 3 N + 2 CO, +5 KaO, SO,. The quantity of gas produced (nitrogen and carbonic ftcid) is less than in oMinary gunpowder, and the danger lies in the manner of its evolution, which occurs in a single second, and is con- sequently too sudden. force of Powder. — The knowledge of the force exerted by ignited gunpowder — a force capable of blasting the firmest rocks, and of propelling a four-and-lwenly pound ball with greater velocity rban that of sound' — would, doubtless, be a very important addition to science, and to the practice of artillery and blafitmg; imfortunalely, however, the only two methods of ascertaining this, calculation and direct observation, are equally uncertain. By this force, we under- stand nothing more than the pressure, exerted by the gases evolved on ignition upon the bodies in their immediate vicinity (the sides of the oarrel). To calculate this force, and compare it with the pressure of the atmosphere, it would be necessary to know: 1. The quantity of gas produced from a given amount of powder, 2. The temperature of combustion, and 3. Whether the gases at that high temperature expand in the same ratio as at lower temperatures. Of the two latter points we know literally nothing; it may, how- [ver, always be assumed that the temperature is at least between ltK)0° and 1200° (1800° and 2160° F.) Of the amount of gas pro- duced, we are equally ignorant. AJlhough it may be calculated what amount of space the nitrogen, carbonic oxide, or carbonic acid of a given chaise of powder will occupy, yet it must be borne in mind, that the powder always contains moisture, and that the aqueous * Sound tnr«l« K the rata of 1130 feet, tlie ball st Oie nte of 1404 feM m ib« Sw Mognd. 373 PORCB OP OUNPOWDEK. vapor,* and the products of (tecomposttion to which it gives rise with carbon will exert an iiiiluence, as well as the Kulphuret of potassium, which, doubtless, assumes the form of vapor at ihnt high temperature. To what extent the volume of gas is augmented by the aqueous vapor and sutpburet of potassium, it is not possible to estimate. These irregularities explain why such diflferent results have been ob- tained, on collecting and measuring the gas; thus there have beea obtained from 1 measure of powder : Boblii. Saluoe*. flftwlube«, tiaj-LuisBc Qrianofaon. S44 -w4-i 33'i -150 400 meuatM of ^*. which gas, being measured cold, does not include any aqueous vapor or sul]iiiuret of imlaKsium. Besides, there are two other influential circumstances which cannot be included in the calculation. The first of these is the air, which is enclosed with the char^, and expands by the heat with the other gases evolved from the powder, and augments the action to such an extent, that when the pellet or the ball is not tightly rammed down, the barrel often bursts; in blasting, this circumstance has been made use of with a great saving of powder ;| the second is, that all the powder is never consumed, but partly expelled with the bait. Rum- ford has shown, that a ball oi powder (instead of a leaden ball) placed upon the charge, will penetrate several sheets of stretched pa- per, and generally M-iihout any appearance of ignition. If a piece of red hot iron \s dropped into the barrel of a pistol, and upon tt powder balls of this kind, (hey are projected like luminous balls into the air; for, by the combustion of one portion, the remainder is propelled be- fore it has time to take fire. Hence, it appears, that no accurate cal- eulatioQ can be made for the force of ignited powder, nor for the quantity of gas produced by it. Nevertheless, approximate estima- tions of this kind are well calculated (o demun.v-tnite the cause of the effects produced by powder. War powder, according to p. 353, pro- duces theoretically 296 voluroes of permanent gas, olaating powder 356 volumes. Suppose Ihe temperature of combustion to he 1200"* C. (2160" F.), and the expansion to take place id accordance with known laws, then, at the temperature of 1200*^0., war powder would' produce 296 (l+.OO.ieeBx 1200)=1597 volumes of gas; blasting powder 3&6 (H-0.00366ox 1200)— 1922 volumes; in the first mo- ment, when these are compressed into the space of 1 volume, they will exert a pressure of 1597 and 1922 atmospheres, which will, however, rapidly diminish with the decreasing resistance. To pro- ject a 12 inch bail 19720 fathoms from a marine mortar, 30 lbs. of * lUimronl wnb {[r«ni pain* lit liii litno (1800), lo prove ih« unrcwnJMl uMrtion, tbsi iliti nptjgn nf powclor ii«tpf>Ddoil woMy upon lu nioinuro, i. r. upon iheMutden foran- liMi afBfinMMM vnpor, scfOfiting: to which, tl>ci« would be itcmo but sLenm guns uid ■iMmaannon t To Ibnn an idea uf the extern o£ ihii nvinK, tfaa txnH of triuunR miiii \x kiwwii| thu*. fot inHuticf, in ^melius waict-vroik* U Philadripliia SlSOOO wera oxpendod in powilcr; in ciitliiiK >)>r"iijlh thn Carlinn HilL ni Kilinhurgti, VfiOtXL Etmi in OOtUtUOH'i Knuiiw quariiof. n rint|l« (jbargQ of poyrilvt ol\*n OOiU (torn 18 Ip 20 dolten. FOICB OP GUNPOWDER. 373 I powder = } a cubic foot will be required, which, according to this eal* culation, would pnxluce on ignition 791^ cubic feet of gas. With reference to the delernitnation of the force of gunpowder by observation, vre have lo thank Ck>iint Rumford for a series of experi- ments instituted at Munich in the year 1800. He endeavored lo de- termine the weight with which the mouth of a very massive gun must be closed, in oi^er lo prevent the escape of the gases evolved frotn the powder. This weight would then be In direct proportion to the pressure exerted against the section of the rooulb, and would thus furnish a means of ascertaining that pressure. To ensure the great- est accuracy, the gun was fired by inserting the barrel into a piece of red hot iron, which closed at the same time the touch-bole. Never- theless, great discrepancies resulted. luone rase 17 grains of powder, in another 11^^ grnins were, required, to produce a pressure equal to 9431 atmospheres.' When the weight was lifted in these experiments, it always occurred with a powerful report ; when, on the contrary, it was sufficiently heavy to retain the gases in the barrel, on lifting (he weight by a lever, a remarkably small quantity of gas escaped with a very slight noise; the products of rombustion were found for the greater part condensed on the inner sides of the barrel, in the form of a hanl, coaty, diflicultly inflammable mass. I( is evident, that no accurate results can be expected from this method. Although theor}' is not capable of estimating the force, or what is the same thing, the quantity of powder necessary to produce a cer- tain effect, long experience has established the relative quantities of powder which are necessary, under different circumstances, with suf- ficient accuracv for all practical purposes. These different circum- stances are always of the same kind with reference (o artillery, where the range is the only thing that varies; whilst in blasting they are very various, loose earth has frequently to be blown up, and at other times, solid rock; sometimes the object is to destroy and hurl the fragments to a distance, and at others to get rid of them in a man- ner as little dangerous ns possible, as for instance, in cases of civil engineering. For the latter purposes, the use of powder has very much increased since tlie introduction of railroads lias given occasion to so many excavntions, and since the use of the galvanic battery in igniting the charge, ha.<i rendered the operation so free from all dan- ger, and removed all chance of failure from the modes of blasting under water. A few examples will serve to illustrate the magnitude • Aa Mperiinent. in wbich the barrel buret into two pieoM, wiili « cliarsB of iTjth cubic fe«t. M-tu vav\ hy Ruiiiron) •• a means of >BCprt«i[iin){ the forL-« srnentual hf Uie powilrr. Ho calf ulatod. ^m the nzA of the fmcltued aurfib^, luid Uie linown weight whicli iji n-quiicil to rupture iron wirrof a given ihtckneM, ihat llie pi< Miiia ttniler wliicli ibe barrel burst wiu equal lo -1 12539 lbs., or 3S0D0 aunotpherei. Bui ihs cftadiliofw here, Bre quite ifilfrTftic rrom ihoM in diurvering tke wire, loaamurh lu th« air wa* bi«i«)l, an<l veiy un^tnlly limiml, nnd ttie bur*tirig or ihv barrel nwlil hardlf ■ke plac« At all |«ru at otic«, but prtjtMtbJr pKnceded Oora one pan in partumlar, m Uiat ibe fuRw vms (^x^rtnl in th? mann«l odT a JeVM, and under mucli more favorabU otrcumsUuioea ilian u the caie wh«D wire U rupturwl. Th« calculation U thervlbra pn>- babty verjr much loo higb. 2g 374 ronCE OF GUNPOWDER. of such operations, and bear witness to the successful result of the undertakings. The line of railroad cotning from Folkestone, after passing several viaducts, tunnels, and cuttings, traverses the Abbot*s Rock Tunnel. To reach from thence Shakspeare's ClitT (near Dover] in a direct line, the projecting rock at Round Down, an immense mass of chalk, which exartlj- intercepted the line, had to be removed. The project for removing this rock, whii-h occupied the space of 2400 cubic fa- thoms, and weighed one million tons, by one single blast, was sue* cessfuUy carried out by Mr. Cubilt. For this purpose, a channel, 36} fathoms long, was ro^ade in the direction of the railroad, and per- pendicular to this, three shorter side channels. At the end of each side channel, a perpendicular shaft was sunk to the powder chambers, each of which was !.'i.4 ft. long, 6.1 ft. in height, and 5.5 ft. broad. In the chamber towards (he east, 5610 lbs. of powder (50 barrels) were placed, in the middle chamber 7714 lbs. (70 barrels), and in the west chamber 6612 lbs. (60 barrels), together, therefore, in the three chambers, 19,836 lbs. of powder. The thickness of the masa of rock from the middle chamber was 85.4 ft., from the two others 67 ft. At the back of the rock, in a perfeclly secure situation, a very powerful galvanic battery was placed under a shed, ihe covered copper wires of which, exienuing 1'219 ft. over the top of the rock to the chambers below, and always resting on the ground, terminated in very fine plaiina p<iints in ilie middle of the mass of powder. By making connection with the battery, these points were brought to a red heal, and the enormous charge of powder ignited in the same moment. When all was arranged, care was taken to stop up the entrances to the chambers willi dn- satid. R'esides ihe charge of powder, a considerable quantity of air was enclosed in the cbaiDoers. It would have been quile contrary 1o the desired result to have ac- tually blasted the rock into the air, or hurled the fragments about with a great loss of powder ; the only object was to separate the mass of rock, and allow it lo roll into the sea. The accuracy with which the neces-sary quantity of powder had been estimated, was proved by Ihe wonderful success of the experiment. After firing the powder* neither smoke was evolved, nor report heard; no other noise than h that occasioned by the tearing asunder of such an immense mass of '^^| chalk, was audible lo announce the result. The blasted portion of the rock, 500 ft. in breadth, began to sink, and slide gradually into the sea, which was distant 36 fathoms. In four or five minutes all was over. That which was here effected by the force of powder in an instant, would otherwise hare taken six months* labor, and have cost $35,000. The circumstances attending the explosion, Ihe abs4*nce of smoke and report, prove that the charge was just suf- ficient to overcome the resistance, llie gases evolved had sutficieot power lo sever the mass of rock, without being able lo force a passage for themselves at the moment. Tbe same occurred, therefore, here, as in Kumfonl's experiments, in which neither smoke nor report was perceptible. In both cases, the sulphuret of potassium, and Ihe non< POncE OP GUIfPOWDER. 375 I pertniinent gases, hatl time to condense, and the other gases lo cool, before the walls of the chambers gave way. In most cases, fbf io- stancc, in shooiini; with guns or cannon, the sulphuret of potassiuin is condensed bv the cold air, and forms the smoke ; the forcible ex- pulsion of the other gases occasions the report by ibc vibrafions of the air. A second conibuslion also ensues when the hot sulphuret of potassium, and the combustible gases come info cunrart with the air fp. 360); sulphate of pnlnsh, carbnnic acid, and water, are formed with the flame which is always seen at the month of the barrel. The blasting of the Koyal George, n ship of the line, is not less in- teresting. This vessel was sunk M-hilst repairing, about sixty years ago, in the harbor of Spithead, through the obstinate ignorance of a lieutenant, in water of 90 fathoms, and as a wreck, rendered the otherwise excellent anchorage unsafe. ARer some smaller experi- ments, al firwt with 198 lbs., and afterwards four successive times with 49^ lbs. of powder, had been partially crowned wiih success, Colonel Pasley caused, on the 22d of September, 1839, a cylinder containing 2552 lbs. of powder, to be fixed to the firmest part of Ihe wreck by the divers. From the wdl-protecCed cylinder the conduct- ing wires, covered with a mixture of pitch and tallow, ascended to the surface, and from thence to the galvanic battery, situated in a boat at a distance of oOOfl. The protection against the water Is so complete, that a charge may be ignited in this manner after having lain under water for ten days. Kxplo&ions underwater are never accompanied hy a report, for reasons already mentioned; smoke can Mill less be produced. This was also the case here: three or four seconds aller firing, the wbler was seen to rise in (he form of a bee- hive to the height of 30 ft., it then spread itself out in the form of a sheaf, and lastly, sunk together in numerous muddy rings of waves. On the ships in the neighborhood a shock was felt, as if from an earthquake. The wreck was, in great part, shivered to pieces. The remaining portion was, afterwards, removed in the same manner, May 12th, 1840, by the same engineer. On this occasion, the cylin- der with 'i'S'2S lbs. of powder, was attached lo the keel. Thi; result was similar, but the sheaf of waler only rose to half the heighi, al- though the shock communicated lo the water was greater. When the M'ater had settled down, dead fish and fragments of the wreck were seen floating on the surface; even butter and tallow candles, from the stores of the wreck, were taken up. Methods of Testing the Force of Powder. — For practical purposes, chiefly connected with military operations, it is necessary to obtain a thorough knowledge of Ihe force of powder by actual experiment. By this means we are enabled lo determine, apriori^ the action of fire- arms, and to compare the effects of different kinds of powder with each other. The insfrumenis used for this purpose, are called powder-triers ("fprourt'Wes"). On firing a charge, not only the ball Is set in motion, but also the barrel, and whatever is atlachetl to it. Each time that a cannon is fired, the cannon ilsidf is thrown back several feet, and its motion is slight only because Its mass (weight) is exceedingly large 376 BALLlJiTlC PENDULUU. 28 compareil wiih that of the ball. In the different powileMners, which, in fact, are only ainall cannon or morlars, both motions are measured in estimating the force of ihe powder, vie.: that of (he ball, as well as the backwanl motion of the barrel. By the method of proof employed in Austria, the height i^ mea> sured to which a certain weight, inserted between two graduated rods, is raised, on being fired from the mouth of a mortar with a Ktren weight of powder. Willi the tctting-m^riart, on the contrary, the distance is measured to which a ball uf known weight is thrown, when the mortar is inclined at an angle of 46°, and loaded with a certain charge of powder. The jivnilultim- test ditfers from these, and can be performed in two ways. The barrel is either suspended as a penduhim, which is then moved by the retro-active impulse, or the ball is fired from a barrel at the side, and lodged in a box containing sand suspended as a pen- dulum. In both cases, the arc has to be measured, which the pen- dulum makes on receiving the shock. [ The ballistic pendulum^ or the pendulum, of Robins, consists of a mass Mli, turning about a horizontal axis C, Fig. 149^, which is set into os- cillating motion by a ball Jl projected along ^"JV* against it, which serves for the measurement of its velocity, ^ii its centre of oscUIatiou, of which the path is M O. That as inelastic a blow .15 possible may ensue, there is an opening made on the further side, which from time to lime is filled by fresh wood or clay, 8ic. The ball re- mains after each projection slicking in this mass, and oscillating in common with the whole body. For the measure- ment of the velocity of the hall, it is re- <jui5ite lo know the angle of elongation of this pendulum, on which account there is further a graduated arc BD applied, and an index £' fixed to the centre of gravity of the pen- ilulum, which slides along with the former.*] PiB- 14»|. /\ ■u Ti- lt i [* For utendvo Hi>hnnicnu nn boili cannon ami rnutkpt pon<luluni>, nncl on Ksmt v«tiL-ljr of powdt-r*. m™ liio " Kcjiort of Eiprrimi-nW cm (tiinpnwilrr, mnilc nt VnMbtntCIoti AnenRt in 1843 nnd 1844, by Cbj>i. Alfnnl MiiTdmmi, of iIim Onlnaricr De* panmiMit. WashinKiDn, t84Q." Eiglii tnud^s of |>root* or kimb of e|)nnivi^tto were UMnl, luu] ill u ulile al yia%e» 314, 319, ■• rntiiicin gcnrral vtownfilir rriult*. tiiul companiiro iiutiterkal vr]iip« of i^ch iprcin of powder. It is ihorir Mnm tlinl n, |Miwi|pr whi(^ll had n lar(t« proporiion of Mitpetr* ihan mny other of ilio tiO Tnriciiv* uifd, liH«ini! in fiK-i (be connilution of 1i Mlip«ili«s 13 charaoal ami tOtiilpliur.jpivntliphiitlifaiavi-nmr' rmull. In Mttiolfn WH« ffXceMlitifcIy iiiimiiQ. h look titX of ilii-in v> makii a %n\n ttvy woiglil.,^ II wai hi^ly ^laK«(], nod tiail Itoon inonrpominl S lioiir» in diisi bntmI^ nnd 4 hottn i iiiiil«^ heavy rnjlprn. lis wri|]1ii urns IIM7 oiinoit-* prr ciibii: liiot or 47 oijncr* iMaiiar] tlian wniar. Puwilvr of the «an» connitucuts, and in all rfi>|)ci;l« of llio mmirchamclM^Jl txcrpi hrinK (!r>iiii1atti] nf ihr uto of rtwlto cniiiKin fiou-ilf r, of wliich it took oiily B.2 paniclci tu miibr thi> wpijihl nf a imy ((naiii, t^bi* ri>iitu in all tho modri of pmof info* rioi to ilioae [>f tlio fiao powttu. TIh; nwraRv of iho 8 inoilH of tettiiig. prori'd Umi il« relaiiTe force compared with ihai of Uio flnr powder was an S67j lo lUOU, or U vru ANALYSIS OP GUNPOWDER. 8T7 JV uwu The method invented by the Citizen Regnier, in the Year VII. of the Republic, and named after htm, applies simtiltaneousty both the backward and forward impul&e. A siuall brass cannon is attached in such a manner to a freely suspended sleel spring wiih two shanks, that it r«sta with its moulh against the one shank, wliiUt the back part is connected with the oilier shank by an iron (brk. The one shank on firing, therefore, is moved by the forward impulse of the ball, whilst the other is efiected by the backward tendency of the cannon, and both forces act in such a direction, as to cause the two shanks to approach nearer to each other. The amount of this approach, which screes as the measure, can be read oQ* by means of the indicators upon a graduated arc. The hydrottaUc proof test is founded on the retrograde action: it is performed by means of a barrel fixed upon a swimming support. In consequence of the roirofffade impulse, this is forced down into the water to a certain depth, which is then observed. Jinalyns of Powder. — It frequently happens, when powder of good quality, but of which the composition is unknown, has to be imitated, (hat a sample must be analysed. Thus K. Bnindes has analyzlfi and compared a brownish black Eni^lish powder from dis- tilled charcoal, with a black powder from, ordinary charcoal, fioni a mill in the principality of Berg, he found: Engliih, From Berg. Saltpetre . . 75.40 . . 75.8 Sulphur . . 10.75 . . 8.5 Charcoal . . 13.00 . . 15.0 The method of determining the saltpetre in such experiments is always the same, whilst thi; !^idphur and charcoal are eKtiniatcd in a variety of way«. By sol\onin}j the powder in seven times its weight of warm water, and welt washing the insoluble portion, a fluid is obtained, which, evaporated and dried, gives the weight of the salt- petre, and the residue, when dried, gives the weight of the sulphur and carbon together. Gay-Lussac proposes to separate the two latter constituents, by mixing 1 part of dry gunpowder with 1 part of car- bonate of potash, and deflagrating with 1 part of saltpetre, after the previous addition of 4 parts of common salt, to prevent too suitden aa evolution of gas, or loss by projection. Iti the clear solution of the fused mixture, the whole of the sulphur is contained as sulphuric acid (sulphate of potash), and can be precipitated by chloride of barium, the iD^ra eflinri of coaTwi tcmnulalian reniicml l^t per oftiL IrM otfnclivr ditin if it luul been in ibo Ancr ftato of itranuiDiion. In anuibei onse, uanuon powder, of 7.1 psniclea lo the gmin troy, iiiive * Ibice rampnreil with the muekM powder nf the inmc nMUiiifito- rare, of which it louk 113.4 ittnint to make thewme wi-ifilii — ni S21 to 916. LcMf ttom rawM Bmnulwkici 10.3 fttr a^.nU In aoolhor an*r. Die rrlvire force of powdot ui perii- cl<i* K) Ann ihnl ^34.9 nisiJo a urniti tmy, wn* to ihal ol Ute Bunii powdpi so coono tliat 11.1 panicles 4)nly went ro<]uiic<l to mnke llti- nme weight a* 9i9 to 679. Ldv frara eouse tmnnlnlion HJ2 pcf ocni. In n fmmh taun, powder of 17.4 paniclea todWfnin, garm n fon^ of H'lO. aaii with 1L6() jmiiicloa, u foroc of UTti, lou 13 per eenL H«n(v thm (^to loftlweirvciivaforBD of powder itluttby too ««(M a gnuuhuwo. — A«.£9.] 2q* 378 M0D£9 OF AKALYZING GUNPOWDER. anil it8 quantity determined. Tbis melhod is much more tedious and complicated than that proposed by Berzeltus, who beats the above residue in do ap{}aratus with two f^lass bulbs, in a current of dry by- drogeo. The sulphur then diiitils over without igniting, and con- denses in the second bulb. When both bulbs are separated from each other by cuttings the weight of the sulphur and the charcoal can each be determined separately. This method is simple, but not very accurate; for some sulphuret of carbon is alwiiys formed, which is Mceedingly volatile and escapes, causing a loss both of sulphur and carbon; the amount of loss in the latter, is also increased by the evo- lutba of the volatile matter contained in it, principally in distilled charcoal, which escapes, and is lost. Bolley obviates this evil, by boiling and washing the mixture of sulphur and charcoal, with a solution of 20 to 24 parts of sulphite of soda. What remains after this treatment is charcoal ; the sulphur which is dissolved is calculated from the loss. This process depends upon the property of sulphurous acid (SO,), of dissolving another equivalent of sulphur, and becoming hyposulphurous acid (S^ O,}, which remains in combination with the soda. The amount of nitre may also be ascertained, according ^o Mar* chand,* by determining the nitrogen in the powder; a portion of the sample is weighed olT, ri'duced to a tine |mwder, and intimately mixed with oxide of copper, and then filled into the combustion lube, which is charged posteriorly with carbonate of lead, and then with oxide of copper; oxide of copper and metallic copper are placed in front of it. Marchand recommends the estimation of the sulphur as sulphate, in the following manner, 1 ptirt nitrate ami 3 parts carbonate of baryta are intimately mixed with j'^th of the gunpowder, and heated in a lube closed at one end. A kyer, 3 to 4 inches in length, of the barytic salts is inserted in fi-ont of the mixture, and the whole is heated in the furnace lor the combustion of organic substances, be- ginning with the anterior portion. The mixture does not fuse, and is easily removed from the tube, the latter is rinsed with dilute murialic acid, which aflerwards server to dissoEve the ignited mass. The liquid is retained in a bealcer-glass for several hours at a temperature of nearly 213% and the sulphate of baryta is then collected on a filter. Sulphuret of carbon is often employed for removing the sulphur from the mixture of charcoal and sulphur. The gunpowder, after having been exhausted with water to remove the nitre, is treated with absolute alcohol which displaces the water, sulphuret of carbon, which has been reciified over oxide of lead, is then poured over it, until what passes through leaves no sulphur on evH{K)ra!ion.. The powder is finally treated with alcohol. It is still better to use the sulphun't of carbon mixed with absolute alcohol ; as soon as the charcoal is washed, a current of dry air is drawn through the lube by means of an as- pirator, the tube itself being confined in an air-bath at a temperature * V. Joiira. fQr prakL Cb«m. uxviii., p. 199, a Cbrn. Gaz., Oct lit, lft47. CUM COTTON. 379 of 248". Tbe dried charcoal may theo be weighed. The oilrt, which is obifllned should be tested with nitrute of nilrer for chlDrine, nnd the sulphur for arsenic, b>' washing with ammonin, and the ad< [lilion of an arid. It is also important to determine the compoalion of the charcoal. The mixture of sulphur and charcoal obiaioed bj xfaaustion with wafer is burnt in a current of oxygen, or with chro- malt of potash, and the water and carbonic acid weighed. A lube containing peroxide of lead should be instried between the chloride o( calcium tube and the potash apparatus, in order to absorb sul- hurous acid. GVV COTTOW, Much interest and excitement have been caused during the last wo years, by the announcement of a substitute for p^npowuer, which IS said to be four times more powerful than that substance, weight for weight, to ignite at a much lower temperature, to be uninjured by water, and to bum without vmell, smoke, or residue. This substance a the gun-cotton of Professor Schonbein, to whom the entire credit ia du?. of discovering nnd making known the various useful purposes to which this remarkable iKKly may be npplied, alihungh ils actual dis- covery dates from a period prior to that when ScJionbein published lis experiments. In 1833, M. Braconnot observed, when starch was heated for a rtiort time in strong nitric acid, until complete solution had been effected, and the solution wa.t poured into a large quantity of cold arater, that a white pulverulent amorphous substance gradually sub- ndetl, which, on being dried, w»s hiirhly combuMtihlf, and burnt without leaving any residue. This substance was called xyloidine. M. Pelou2e, in 1838, repeated the experiments of Braconnot, and band that paper, linen, cotton, and other ligneous substances, when ubmiited to the action of strong nitric acin (np. gr. 1.6), for a few mioutes, and then well washed with water and dried, possessed the tame properties a.<i xyloidine, without having lost, however, their ori- poal form and appearance. M. Pelouze was inclined to believe with :hemtsts in general, that this waa only another form of the same sub- ^ance; he also threw out a surmise, that the substance might be ippUcable to certain useful purposes, especially in artillery. The lame chemist, in conjunction witn others, has, however, since shown, ihal these two substances are not identical. That the substance pre> ared by immersing paper, linen, cotton, &c., in nitric acid, contains oore oxygen, and consequently more nitric acid than the xyloidine of raconnot, and the name of pyroxyline or pyroxyle has consequently ten given to it. The gun-cotton of Schonbein is probably this latter tabalance, or i^ome body closely allied to it. The plan adopted for the manufacture of this compound is aa fol- >w»: cleansed cotton is immersed in a mixture composed of equal arts of concentrated nitric and sulphuric acids for about 10 or lb 380 COMPOSITION OF CUN-COTTOJf. minutes,* antl iu order to prevvnt accidentf;, do porlion of the cxiKon should bi: nbovo the level of the liqnkl. The acid shoiiM then be pressed out, and the cotton which remains impregnittetl with it is well washed with water, unlil no acid reaclion is perceptible to the tongtie; it is now dried rapidly at a temperature not exceeding *212° F. Care should be taken in dryiog this substance, to allow a free current of air to pass over it, find to spread out the cotton as much as possible, in order to prevent its forming into dense masses, which, according to Mr. Oxiand, (see Chem. Gaz. for September 1, 1847,} are much more liable to explode. It is, indeed, probable, that the method of drying in stoves, practised at first in Messrs. Hall's maDufaclor)', was the cause of the exptosion which occurred tliere, and which cost sere- ral persons their lives. No minute description of the mode of preparing [^n*cDtCon upon a manufacturing; scale has been published up to this period, and the foregoing notice, which indicates the plan practised by M, SusJine at the Direction des Poudrcs ei Saltpetres, must suffice to give a general view of the process, which is no doubt carried out with slight differ- ences, although the same iu principle, in the different manufactories. With reganl to the composition of gun-cotton, nothing certain is established. The analyses which have been made of it, and which are numerous, do not accord, and tend rather lo prove that several products may result from the action of nilro-sulphuric acid upon cot- ton, paper, &.C., depending, amongst other things, upon the stale of concentration of the acids used, the time of immersion, &c. The table below contains the results obtained by different analysts. . c n Subctonce ntinlyxML •i f 1 Aiwlyvi. ^ ^ ^ Cf»(in wool 44.5 n.i 46.4 Pi'ttriikurci. Xyloiilioe . . ao.iu 4.79 S.G3 SS.SO l>iiia Ditto .... 37.a& 4.00 5.17 53.55 BaliloL Guiicoilon . , 37.43 3.54 14.26 .■M-?? 5cliaribiTin nnci Bjittgvr. Dino .... S6.08 a.M MO tia.311 Peitwnkofer. Dim .... 36.28 3.L6 10.30 eu.30 RnnwnifL Utio mciiD of S AnaL ■ 95J 3.7 i.'T.a 5^3 lleckiM. IHtio .... 40.0 3.32 15.M 62.33 Porr«t and TMcliemacber. PjrrosyliDtft 26.ee 3.70 10J6 59.38 Velaatf.. i»r4 .... 36.23 2.73 19.75 51I.99 Cladtlvtjtt. Pelouze considers pyroxyline to be the only product of the action of nitric acid upon cotton, and he also Ihiidcs the numbers given in the table above, suSieiently near approximations to the calculated rewlts, to warrant the assumption that the body consists of I equiv. of * SdiOnbein recommMH]* div oM of 3 pvtf nilpbuxic add, and 1 or niuic Mid, of tp. gr. 1.5. t Oblain«(l by the artion of nitric ncitl (up. ht. 1,5) on mltan vrnol. X Obtained bj imnivnion in n nuztoio of 3 (xuu fult>bunv noid, vid 1 fmrt lutrio mhI, of tp. gt. 1.5. PROPERTIES OF CUN-COTTOJl. 381 I I cotton + 2 equivs. hydratcd nitric acid — 1 equiv. water ; its compo* sition would then be expressed by the empirical formula: Coiion. Hydmtvd nitric acid. Water. C„H„0„N, - C„H„0„ +2[N0„ HO) -HO Mr. Ransome deduces from his experiments the following formula lot g;an-cotton : C.AO„N. = C,H„0„- 2 H + 2 NO.. The formula for gun-cotton, deduced by Messrs. Porrett and Tes- chemacher from their experiments is C,^,0,+4 NO., and they are inclined to consider it a combination of nitric acid with llgnin, as is Indicated by the formula. The properties of gun-cotton are very extraordinary. Ii is insoluble in water both hot aud cold, and when removed and dried, is found to hare lost nont' of its original jiroperties ; acids have also no action upon it, and this efteclually lUstinguishes it from xyloidine. The hc.«t solv- ent for gun-colton is acetic ether, and thiK substance may be used for rendering it perfectly pure." It explodes violently when heated to 3Tj6° F.fOt on ignition, leading scarcely any residue, and creating very little smoke. The temperature at which it is thus decomposed, is so much below that at which gunpowder explodes, that the cotton may be lightly placed upon the surface of gunpowder, and detonized by a red hot wire without st'tling fire to the powder. Friction of the ordinary kind will not i-xphxie gun-cotton, hut when placed on an anvil, and powerfully struck with a hammer, the heat generated by the stroke causes it 1o detonate. The gases generated when gun-cotton is ex- ploded, have been examined by Messrs. Teschemacher and Porrett, and found to consist of carbonic acid, cyanogen, nitric oxide, carbonic oxide, nitrogen, andthevajHir of water. With reference to the projec- tile force of gmi-roKori, as compared with gunpowder, official statenieiils have been made public byCapt. Mordecai in this country; and there appears reason to apprehend that its action, in its present form, is too rapid, and resembles loo much that of the fulminates, to render it appli- cable to the purposes of gunnery. The gaseous products from its com- bustion are also such as cannot be altogether resisted by fire-arms, ahhough, if air be absent, no great amount of corrosion can ensue; and as it baii been found, that gun-cotton impregnated with chlorate of potash or nitre has a still more powerful effect than that prepared in the uxual manner, the addition of these substances would at the same time tend to modify the corrosive action of the acid products of combustion. As a substitute for gunpowder in all mining and blast- ing operations, however, the superior local force of the powder-cotton vill be highly valuable; and it has indeed been found to effect as much as four times its weight of powder. Id the pyrotechnic art it will probably also be extensively used, and paper prepared by the method of Pelouze^ and moistened with solutioosof nitrate of strontia, * pi ttlBy sifa be dinolved in •ulpbuiic rUitr, tuiil cnnslilutAn » tnui>p<u»nl lii|uid wlueh bu been Rpflied lo lbs {iut|>mw* ofiatgeiy, ia dtvning wouodi.— An. £«4 382 PRODUCTION or XITR1C ACID. sulphate of copper, and nitrate of baryta, yields very beautiful red, greeDf and while Bres. AQUAIX)RT1S. — NITHIC ACtO. Nitric acid in a certain state of (concentration, is called **aquafor- tis;^* although this appellation is very generally given to alt comraer- cial nitric acid, without reference to its strength. A closer distinction is drawn between the acid with 40 per cent, water (specific gravity 1.42, and boiling point "25.1° F.), which ts called "rtoubie a<pia- fortiSi'*'* and the acid with jds water, which is that in common use. In these ditFercnt degrees of concentration, the acid is used for many diOerent purposes in the arts, particularly for the purification of gold^ for etching copper plates, &c. Theory of its Production. — All the nitric acid of commerce is ob- tained either from nitrate of potash, or from nitrate of soda, by means of sidphuric acid. The former, or ordinary saltpetre, contains only 53.4 per cent, of anhydrous nitric acid, whilst the latter, or Chili-salt- petre, on account of the smaller equivalent of soda, contains 59.6 to 63.1 per cent. In addition to this. Chili-saltpetre is the cheaper salt. The sulphuric acid, exerting its greater idTmity, lakes possession of the alkali in both cases, and the nitric acid is libemCed. It should be borne in mind, that sulphuric acid can unite in two proportions with the alkali, and it is by no means unimportant which of these two is ultimately formed. Whether 1 or 2 equivalents of acid, to 1 of alkali are used, the bisulphate is always produced; but in the for- mer rase, with 1 cquiv., the saltpetre is only half decomposed, whilst with 2 equivs., the deconiposilion is complete; this will Le obvious from the following equation for potash saltpetre: n 1.... .L ,S H"- S*>s . KaO, NO, > - ,. 9 cquiFK. h/rlmlMl Mlphurie nciil i uq u.j nntl ir-Q vq' \ ^ «<liiivi. Mlpctrft. produce; 1 oiiTiiv. W«ul- 5 KiiO, SO, _ , HO. NO.i phateof pouwh ( HO. SO, ■"" K.O. NO,. : 1 cquiv. hyJratcJ nitric wAA. : 1 MJUJV, (umlccUCUIKMVcl) MttpMl*. The one-half only of the producable nitric acid is consequently obtained, and this distils over at a temperature of 132*^ (270*^ F.). If the temperature be raised still higher, a second decomposition en- sues, the second portion of saltpetre being forced by the action of the bisulphale of potash, to relinquish Its nitric acid. This acid, however, cannot resist the inlluence of the high temperature, and is resolved into oxygen and peroxide of nitrogen, whith dissolves in the hydrated nitric acid already distilled, and forms ^mtJi^ nitric acitl. It has been found, when Chili-saltpetre and 1 equiv. of sulphuric acid are employed, that the temperature at which the second equiv. of nitric acid separates, is not nearly so high, so that only a portion of it is de- cnmpost-d, and instead of fuming add, a colored acid is obtained, *hich, by dilution with water, and a slight application of heat, may be easily freed from all peroxide of nitrogen, and converted into or- DIBTItLATTDN OF AQUAFORTIff. 3S3 dinary nitric acid. This constitutes a third advantage attending the use of Chili-saltpetre for the inaniilacture of nitric actd; the grearer cheapness of the salt, and its greater amount of acid hnve already been mentioned. With ordinary saltpetre, 2 equivs. of sulphuric acid are, therefore, absolutely necessary, and tbe decomposition occurs as follows : I Before rfi^omposiiion. 1 e<).mlmteol C I eq. niitta mcid — - pcadi ( 1 eq. |>uin»b ^^^ I «q. hyi)i«W(l ■ulphuiw Kid. 1 1>\. hydnt£)l mliihutic ocuJ A Hrt •trcompMition. 1 1 e<^. liydratc^l uiLric acid. ( 1 oi}. water \ \ c<|. Hilphuric odd 1 eq. nilphnt* oT potuli -1 cq. hytlnted mlpb. acid 7 1 eq. blsulpti. 5 of (Kilnab. Adopting these proportions, which correspond with 96 to 97 parts of oil of vitriol to 100 parlN of saltpetre, the whole of the nitric acid is obtained, and according to caleulatlon, 100 parts of nitre ought to produce 62.25 nitric acid; somewhat more is in fact obtained, for the oil of vitriol contains rather more water than the proportion corre- spooding with the hydrate, and the sahpetre is always more or less damp, so that sufticient water passes off to produce eventiinlly the second hydrate of nitric acid. It is not desirable to dilute the sul- phuric acid, as the oil of vitriol contains the (juantily of water re- quired by bisulpbale of potasli and nitric acid. This, however, is Dot the case when Chili-saltpetre is used with 2 equivs. of sulphuric acid, for bisulphate of soda unites with 3 equivs. of water, and these it roust obtain from the nitric acid, which Is consequently decomposed. Water must, therefore, be addi'd in this case, and the projiortions best suited to prevent any nvcrtlow during ehullition are: 100 Chili-salt- petre to 117 oil of vitriol, and 30 of water. The production of bi- sulphate of soda being in this case unnecessary, as was previously staled, the simple proportions of fiS oil of vitriol to 100 of Chili-salt- petre may also be substituted for those above. In consequence of the high price of oil of vitriol, clay was cm- ployed ill former times, and at a later period green vitriol (see p. 245). Iq the former case, the silica in the clay etll-cted the decomjiositioD, but, as tbe necessary quantity of water was not supplied to give sta- bility to tbe arid, which can only exist as hydrate, a great portion of it was lost by decomnosiiion, the same occurred with green vitriol, the nitric acid being derived from the nitrate of iron, 6rst prodtfbed, undergoing decomposition at a high temperature. IHstitlation of .riqunfortis. — In the manufactories of aquafortis, glass or earthenware retorts are used, or vessels of cast iron. The retorts a are sunk in sand-jiols h b b. The sand-pota sK placed in a row in a so-called gallery furnacc((»a/e«rao/*eJi) Fig. 150. Afuroace of this kind comprises two firings with a common chimney, the damper of which is seen at g, .separated by a thin pariition. Above the ash pit / is the grate o, from whence tbe flame traverses the whole length of the furnace, heats the five snnd-pots, and es- capes into the chimney at A, The pots can be removed and replaced at pleasure, and the hre advanced to such a position us will comma- 384 DrSTILLATTOH OP AQtTAPORTIS; nioale a uniform heat to the pots. On charging the retorts, ^eat care is necessary to prevent any saltpetre or sulphunc acid from re- F*g. lao. maining in the necks, which would, if not removed, be carried info the receiver wjlh (he acid. The saltpetre which remains attached, is shaken into the retort by gfntle tapping, and the sulphuric acid is introduced by a long necked ftinnel. The receiver should be kept cool by a stream of cold water, but as this is loo troublesome^ the use of water is dispensed with, and a very large receiver is employed that an extensive surface may be exposed 1o the cooling action of ibe air. When the charge begins to get warm, an empty receiver is applied, for the first portions of acid are ver)- impure, and mixed with red vapors. These arise, partly, from the decomposition of a portion of nitric acid by dust, and organic matter which is always present, but are chiefly caused by the sulphuric acid. For, at the moment when the first portions of nitric ncid are evolved, the whole of the sulphuric acid is not in contact with saltpetre, a portion is con- sequently free, this portion takes water from the nitric acid, and con- verts it into oxygen and peroxide of nitrogen. Another source of impurity is owing to the chlorides of sodium and potassium contained in the nitre, which evolve muriatic acid when acted on by sulphuric aci<r. This reacts upon the nitric acid, producing chlorine, nitric oxide (which, with the air in the retort forms the red vapors of per- oxide of nitrogen) and water. The hydrate of nitric acid is decom- posed to a slight extent, by mere distillation with the evolution of red fumes, which are never entirely absent, but soon after the commence- ment of the operation, ihey become almost imperceptible. At this period of the distillation, the receiver with the impure acid is ex- changed for another, containing as much water as is required to bring the acid to the proper strength (40 per cent, of the saltpetre for acid of 1.4 Bp. gr.). The heat must be cautiously applied at first, aa the contents of the retort swell, and threaten to flow over. The pasty mass afterwards sinks down, and boils steadily at a temperature of DISTILLATION OP AQUAFOnTlS. 3S5 \ 13*2° (270° F.), with a constant evolulion of nitric acid. Towards the end, when the um&s has become very siitiT, and the heat can no longer permeate U uniformly, the sides of the retort become over- heated, and cause the reappearance of ruddy fumes. The distillation should now be stopped, for very little more nilric acid pnsiws over, ev^n when the residue is brought into a slate of fusion, and at this period it can be most easily removed from the relort. The use of iron vessels was first inlrtiduced in Prance, and their form and mode of arrangement are similar to those adopted in ihe production of muriatic acid, when this is made the object of a special manufacture, and not obtained as a waste product. The decomposing vessels are cast-iron cylinders — retorts with move- able lids, which are closed in ihe same manner as the gas retorts (p. 164). Each pair of retorts is fixed over a common Bring, of which one furnace contains several, Figs. 161 and 152, and is surrounded fig. lai. Fig. i&a. by the flame which, reverberating in the dome, escapes by (he flues o, 10 the couuuon horizontal channel p^ and from iLience to the chimney. The cover of each retort is supplied with a mottth-piece ; the hinder lid and its aperture, situated above the door of the furnace, is for the introduclion of the sulphuric acid; Ihe front mouth-piece, or aperture, is for conveying the acid, by means of a tube, to the three-necked receivers of earthenware Ji and B. The tube must be of glass, that Ihe color of the vapors may be observed, unless glass vessels are employed as receivers. The cylinders are adapted for 170 lbs. of saltpetre ; as soon as they are charged, the covers and tubes are luted on," and the sulphuric acid is poured into the aperture a, which is then immediately closed. The fire must be regulated in a slow and uni- form manner; the greater part of the acid is condensed in the first receiver, which is placed in cold water; whatever escapes from this n condensed in B. Safety-tubes are inserted at c c, to avoid any accidents, which, in consequence of too great condensation towards Ihe end, might be caused by the atmospheric pressure, and in order that the air mny escape in the beginning. ^Ilh au apparatus of this description, much acid may be obtained in a short lime; it is, however, less jmre, and accompanied by a greater quantity of the ruddy fumes, and the cast-iron, particularly in * The InUcriifarmndoTclBjr, iinnoBd oil, nnd ■ tinall proportion of oiJ<*l(« Riesl, ■nd nay be long and ivpeniedlr utvd. — Ah. Ed. i 3S6 EDAP BOILIKG. the colder parts, U somewhat attacked by the acid. This occasions a tosa of acid, aad at the same time a constant demand for new re- torts.' Commercial nitric acid is never pure. When too much sulphttrie acid has been employed in the preparation, or cleanliness has not been obnervetl, it will contain sulphuric aciil, which may be precipitated by nitrate of barytes. Salts of potash, sodn, and oxide of iron, are also canied mechanically o\*er into the receiver. Chlorine and peroxide of nitrogen, are likewise present in ordinar)' nitric acid. The pre- sence of the latter is indicated by the brown color, which the protosalts of iron assume in the acid, or by the green color of yellow pnissiale of potash ; it is the chief cause of the yellowish-brown color of much nitric acid, and is not entirely abspnt m colorless acid. Chlorine is detected by a solution of nitrate of silver. Both chEorine and peroxide of nitrogen can be separated, for the greater part, by distilling a small portion of the acid ; these being more volatile, they pass over with the first portions. The chlorine can only be removed completely by a solution of silver, and the peroxide of nitrogen, by allowing the strong nitric acid to boil fnr a time exposed to a current of carbonic arid, or, acrordinpr to Peloure, by digesting with it the peroxide of lend, no oxide of lead being dissolved by the concentrated acid. Weaker acid may be digested, according to Millon, with yj,{, of birhromate of pot- ash, with the same result. According to the observations of Lerabert, the iodine in Chili-saltpetre (p. 3'2\) accompanies the acid, and may be detected in it when that salt is employed in its production. THE HANUrACTtmF. OF SOAP. — SOAP BOIUHG. By the term soap, in ordinary life, we understand the product re- sulting from the action of potash and soda upon the fats, a substance, in which these alkalies are combined with certain constituents of the latter class of bodies. In scientific language, this term has been ex- tended lo all similar combinations of the basic metallic oxides, so that in chemistry we meet wjtii soaps of baryta, magnesia, iron, copper, &c. Besides soap, in the limited sense of the word, or the soaps of the alkalies, there are only one or two others that have any techno- logical interest, these are lime sonp in connection with the mannfac- ture of stearins (p. 123), and Itad soap used in pharmacy, when it is called plaster. History. — The use of soap is nearly as old as history; the asser- tion, that soap is ruentioned in the Old Testament, however, is an error, find was probably first circulated with Luther's translation, for, when we read in Jeremiah If. 22: "For though thou wash thee with nitrt, and take thee much sope,^' and in Malachi III. 2: '^ For he is like a refiner's fire, and like fuller's so/)?," in the Hebrew text the words (foriih (vegetable lye salt, potashes), and nether [mineral lye salt, soda) * Do Soiwi bm pointed oui n new plnn oC ptjiniiiinK nitric iicfd in tho ipvciflcBtioa et liM parent lot podn, viU'icU n>nni*M in h^nliriK niimw* of toftn or pouuh m redncM wllh lime or tome oitict oi' die Mrtli*, luid coudctuing tho niiric KJd, whicli 1« tfaea enilrod. • MATERIAie USED FOR SOAP BOILING. S97 I are nsed, which could never be intended to denote soap. Pliny, on the contrary, malces particular and distinct mention of soap, vrhichhe declares to be a Gallic invention, and states that it is best prepared in Germany. He also distinguishes between bard and soft soap, and was acquainted with the mode of its preparniion from the ashes of the beech tree and goat's tallow. Galen meniinnfi soap with the like as- surance, as do also Paulus .l^^neta and Ae'iuit. Homer de^tcribes fully and accurately, what Nausica took with her for washing at the river, but makes no mention of soap, which was, doubtless, unknown to him. Crude Materials /or Soap Boiling. — The fats used by the soap- boiler are partly fluid and cily, as olive, hemp-seed, rape-seed, lin- seed oil, train oil, and less frequently poppy-seed, beech-nul, nut and almond oil ; partly solid, as tallow, cocoa-nut and palm-oil, and some- times hogs*-lard, oil of Klipe, and Oalam butter. Tallow. — Of tallow we nave already spoken at length, in treating of the materials for illuroinntton (p. 119). For the manufacture of soap, remelieJ tallow is preferable, but crude tallow can also be used, and the clarification is not absolutely necessary. When the produc- tion of soap and candles is carried on in separate departments of the same manufactory, which is usually the case, th*i firmer kinds of tal- low should be made into candles, and the softer varieltes hotted for soap. In northern countries, tallow is the chief fat used by the soap boilers. Lard. — Hogs*'lard produces a very soft soap, which is too readily dissolved by water. For this reason, and on ac<x>unt of its high price, being much used as food, lard is seldom made into soap; but when employed, tt should always be previously melted. Hemp-seed oil. — Hemp-seed oil is obtained chiefly in Russia from the seeds of Cannabis saliva. It is of a greenish yellow color, has a sharp smell, but mild taste. At — 27'=' (— 16° F.) it is solid. It is quite as soluble in alcohol as the following oil. Linseed oil. — This oil, obtained from the seeds of TMium usUatit^ mum, is also a product of the north. When freshly pressed, it has a golden yellow color, which becomes brown on keeping ; it has a pe- culiar smell quite dilTtrent from that of all the other oils, and becomes solid at a temperature of— 16"^ lo — 20' C. (+ 3° to — 4° F.) From the experiments of Sacc, it appears to be a mixture of oleate and margarate of glyceryle, containing no stearale. !i is frequently adulterated with colophony. Oil adulterated in this manner, generally parts with the resin to alcohol, which then produces with acetate of lead a white precipitate. Train oil. — Mention has already been made of jfjft oil (p. 117). Olive oil. — Olive oil, which is used in large quantities for the pro- dnction of soap, replaces tallow in the countries of the south. The manner in which it is obtained from the ripe fruit has already been described (p. 116). K The extensive trade carried on in olire oil, in the countries of B iouthern £urope> renders it a matter of great importance lo be able 388 NETirODS OP TE8TIRG THE PDRITY OF OILS. to delect the adiilterali^n, which is frequently practised in its pre- paration. The hii^'h price of Ihif oil is a stronj^ inducernenl tn mix it with other vegetable oils, and poppy oil is generally sr-lerted for Ihis purpose on iiccount of its law price, mild taste, and nearly imper- cepiiblp smell. Several methods have been siircessively advanced for ascertaining (he amount and the nature of such adulteratioDK, but only one of these affords repultg of suITifient accuracy. The others, however, beinc frequently employed, merit here a passing notice. Poutet, a cbcraisl and driigijist in Marseilles, was the first to intro- duce a process which has been very generally adopted, and is founded upon the fact, that pure olive oil shaken with ,'^ib of a solution of 6 partH quiekAJIver and 7} parts of stroncr nitric acid, is converted into a solid white body. This conversion is dependent upon the presence of hyponitrous acidj and can be produced by that acid alone without the use of quicWsitver. Hyponirmus acid converts the oleic acid, ■which is in combination wilh glycerine in the oil, into Khidic acid (Cj, H,„ Og + 2 Aq.)' which remains, as Ehidine, in combination wilh the glycerine. The measure for the purity of the olive oil is, therefore, by Poutet's method, the degree of firmness which it assumes after a short s[iaee of fim.e. Whilst pure oil becomes Miltd and sono- rous, that which is mixed with j'^ih of poppy oil only acquires the ronsistence of tallow, and with ,*Q(b it is hardly firmer than lard. These degrees of consistency, however, arc so indefinite, and pass so easily the one into the other, that they afford no accurate measure of purity, when the araonnt of poppy oil is below I'^jth. Boudct first discovered that the solidification was due to hy[H)nitrous acid, and starting from that, he advocated the use of a mixture of 'i parts nitric acid, and 1 part nitrous acid (peroxide of nitrogen) instead of the quicksilver, and made the time, which a specimen took to become solid, or at the expiration of which it could be poured From an in- vert«l vessel at 10° (50° F.), the measure of its puriry. He found, that the time at which solidification occurred, with pure olive od, was generally bb to 430 minutes, and that this was retarded 40 minnles by the addition of ^Jcth poppy oil, 90 minutes by the j'^lh, and very much more by the presence of i^eth. On examining this method of testing, Soubeiran and Blandeau found that pure oil required between 43 and 59 minutes to Boliclify ; oil containing j^oth of poppy oil, 45 to fi^Tninules; and that from 48 to 97 minutes elapsed before an oil containing ,'jth of poppy oil became solid. The times of cooling are, therefore, so uncertain thai many pure oils require more lime to become solid, than others which are adulterated with poppy oil, and all conclusions drawn from experiments of this kind, even when exe- cuted with the greatest care, can con-sequently never indicate the de- gree of purity of the oil; moreover, the method was only intended for the deieclion of poppy oil. Other adulterations arc, however, seldom met with, partly on account of the smell and taste, or the co.<;lliness of the other oils. In tes's of this kind, where two oils are compared, the same quantity of acid must, of course, be taken to each spec!* men, for the time required by one and the same oil to solidify is dif- I ferent with a variable amount of acid, nitrous acid (peroxide of nitrogen) with Thus, a mixture of 1 part ■ I ■ ■ I 70 miDutes. m niti ^1 50 *• " *• 78 ^^^K 100 " *' 130 ^^^B 200 '* «' •< 436 ^^V 400 « will not solidify at all. ^m Faure fancied that he had found a better test in ammonia, j'^th of H which, whra shaken with pure olive oil, productfl a milk white, uni- H form (hick iioap (the volatile salve of the drug^rists in Germany), whilst H poppy oil forms a granular mass. Similar uifTerences are observable ' in the combinafions of nnimonia with ihe pure and mixed oils; but they are still less de^nile, as modes of testing, than those obtained by Boudet's process. ' A very different method of exsmininif oi! has been introduced by H Boujseau, and is carried out by means of his so-called Diagometre. H This test is founded upon the different powers of olive and poppy oil f in conducting a galvanic current, the former conducting much less readily than the latter, without being a perfect non-conductor. The construction of the diagometer is such, that the power of conducting in the specimens, their purity, therefore, may be seen by the devia- tion of a magnetic needle, under the influence of a galvanic current passing through the specimen of oil. This method is, however, of no practical utilit}', on account of a certain difficulty in making the observation, and still more because the power of different kinds of olive oil to conduct electricity is variable, and in some instances is even greater than in oil which has been naixed with poppy oil. The old well-known plan of shaking, which depends upon the difference to the viscidity and consistence of otive and poppy oils, is still very much practised. When large bubbles of air are introduced by violent shaking below the olive oil, these arc observed to vanish from the surface with a certain degree of rapidity. "Hie duration of these bubbles gives an idea of the amount of poppy oil present. At least, Soubeiran and Blandeau found, in comparing 21 samples of olive oil which were in part pure, partly mixed with ,'jth, and partly with a'^th of poppy oil, that y'dth could be pretty accurately detected in this manner, but not s'n^''** Palm oil is a vegetable fat, exiracted, according to some, from the fruit of a kind of palm, Jhoira Elais, or Eiais guianams^ according toothers from Cocus butyracea. Both plants may possibly produce * M. Heidrnrjcb Koommetuls Ihmo dininct mms tor dcwctinti t^") Mluln^niiionii in mtDmcrRJa) oil*. Ttin litwl tnt is ihs nn«ll prodimnl hy llw oil whan X^ntly hmiwl, wbich ii raiJ iv rcFcinUlo itmi •.<( ihv nDiimal m jilant (tvm wliicli (be oil )in4 tirvn ob- loinftl. 'I"hc Kicond hiw trfi-rrarc lo ihift cluinic of cvU-i rxperitnci'd by Uie oil. wb«n ♦twIihI on m glnn pinto witli milphuric: acid. That ihinl nipciritnmt c^onvixU in n««ttiijn> ini llw tUtnaitjr of tbe oil by Ovy-Liume'* alwbolmoter ; tlie dotuiiy oC pare ui'i bvinic chwuad by nn Mdmislttre of ibc oihw inf^ot kimlL For ttanhcr panctTUtof* tttptmittg Iht modn of tcating, v. Vian. Gaz, vol. L 3MS. 2h* similar Vinds of vegetable fat. Palm oil is llic produce of the tro- picRl parts of Africa, and is brought to Europe from the west coast of that continent; from being extensively used in the manufacture of soap, it has become a very imjtortant article of merchandize. Al- thou^ the existence of palm oil has long been known, it was always classed among the curious products of nature, and not among those substances which areofim[»oriance in the arts, and it has only attained its importance by a remarkahle concurrence of circumstances, in connection with the most praiseworthy action in modem British his- tory, vix.: the abolition of slavery. Since the slave trade has been subjected to the restrictions of the English, the natives of the const, instead of bartering human beings for the supply of their foreign wants, have been farced to substitute the useful produce of the soil, or palm oil, as payment. As many as twenty slave ships were to be found at the mouth of the Oony river, (an arm of the Niger,) until the blockade of the English put a .slop to the traffic, and made an opening for the exportation of" paira oil to Ibe amount of :iO,0(X) tons yearly fnun this port alonp. Ibe greatest cnnsumplion of this oil is in Englan<l, where two hundred times as much is consumed as in France; the palm oil used in the latter countr}* amounting to onlyj^ per cent, of the fats saponified. The fruit of the palm is of the size and form of a pigeon*s em, and contains a hard stone, surrounded by a fleshy integument. The oil IB obtained from the latter, not from the stone. The fleshy part is boiled with water, when the oil separates on the lop, and can easily be collected. On cooling, it assumes the appearance of a reddish- yellow fat, of the consistence of firm butter, melting at 29° (84 J° F). As the word oil is used to express the fluid fats, it is not appropnalely applied to this substance, which should be called Palm-butter. It has a strong but agreeably aromatic smell, very much resembling that of the violet root. Palm oil, as it occurs in commerce, is in that state in which the ordinary fats are called rancid, i, e. it contains free fatty acids, instead of the whole of these being in combination with oxide of glyceryle. The amount of these free acids increases with the age of the oil, and its fusing point rises at the same time. Pe- louze and Boiulet found i of its weight in fresh palm oil } in such as melted at 31** (88° I-.), and in a specimen which fused at 36° (96^° F.), Jths of its weight. Stenhouse found the fusing point of very old palm oil to be at 37*^ (99° F.). The researches of Freroy, and the other chemists named above, have shown, that this vegetable fat contains free oleic acid, a peculiar fatty acid, palmitic acid (Cj^H^ Oj + Aq.*), also in the free state, freehydratcd oxide of glyceryle, arKl a small quantity of uQ^mi/iiie (palmitale, of oxide of Klvcerjie—C^ HjjOj-fCjH^Ot). The latter can be obtained as a white wax-like mass, by pressing palm oil in large quantities at a temperature of from 10° lo 12° (50°— 54° F.), and a second time at about 24' (75° F.): * The am* mad u tuu bMn found in JKpnne*^ wks (r. p. 133). t The recrarcbM ot Kelenbicher upon Aciolcinr, (^^H^O,) timd en nhmr. (hut liy. dni(«il fixMf ot fftjrofiryie. wUwit i% iin\mnte\y rrlatvd tu the fcTnirr, mux b» ooiiniliirMi M 3 C,H^O+4 H,0 uiAUxdof CfHi^Oj+HsM-hii^hiJitheoontiiiatioDunMllj'RwptMliL BLEACHING OP PALK I I it is ihen usrd for prcparine a kind of stearine candles, whilst the fluid yellow oil is saponified.* This separation is, however, seldom eflecfed beffHT saponification. The cause of the rapid decora posit ion (becoming rancid) of palm oil, a decomposition which occurs so much more readily in this than in the other oils, has not been salUfactorily explained. It is remarknbte also, that the (]uantity of the bydrated oxide of glvcervle ditaitiishes, in consequence of this rancidity, in Ten' old palm oil. Bleaching of Palm OH. — The yellowish-red coloring; matter of palra oil is not destroyed by the process of saponification, so tliat the soap prepared from cnidc palm oil, assumes a yellow color. If the oil \r previously bleached, however, it loses the greater part of its color, and a while sonp is obtained. The bleaching of palm oil is, there- fore, a matter of importance to the soap boiler, and can be effected in a variety of ways with very different results. Up to this lime, the coloring matter has been destroyed by the action of chlorine, oxygen, powerful acids, or lastly, by heat and light. Danidson's proces.s consists in melting the palm oil in an iron ves- sel lined with lead, with the addition of from 6 to U per cent, of chloride of lime previously stirred up with 12 parts of water. When the ineredienis have been thoroughly mixed, and the whole has become cold. It is cut into small pieces, and exposed to the air for two or three weeks. The chlorine liberated from the chloride of lime by Uie carbonic acid of the almosphiTe, then gradually bleaches the oil. Tlie Ume 18 separated from the oil at the expiration of this time, by melt- ing it with dilute sulphuric acid, until the sulphateof lime is deposited at the bottom of the vessel, and the oil swims on the surface of the liquid. The sulphuric acid evolves the remainder of the chlorine, and completes the procoss of bleaching. The same result is obtained, when chlorine is evolved in contact with the melted oil by the agency of manganese, common salt, and sulphuric acid. The only objection to the use of chlorine is, that it attacks the oil itself at a high tempe- rature, decomposing the palmitic acid with ease, and itself taking the place of the hydrogen of the acid. All excess of chlorine, there- fore, which can never be avoided, impairs the quality of the fat. When palm oil is melted over a dilute .solution of nitric acid, or a weak solution of saltpetre, and sulphuric acid is slowly added, the oil is rapidly bleached, but not in a permanent manner; for when mixed siibsci^ucntly with the lye in the boiling pan, the color again appears. The coloring matter of palm oil is destroyed by sulphuric acid, added in the proportion of 4 per cent, to the melting oil, jusl as the mucus was <le8lroyed by the same agent in rape-seed oil. The use of oxygen for bleaching, derived from sulphuric acid and manganese, was nrst introduced by Micbaelis. He mixes palm oil ' It appMir* from (be cxperimvnta of Schwinz. Uint pAlmltki add, wlilcti mrlu ■! Hfi { 140' P.), i» oiDvencd, on eipoaure U> \ht *», at n lemi>mliiTe o( 3&(r° lo 300° (514° Ui M'V v.), wiili liie *imtiluineoii« ronnitunn of cartmnio U'jil and watpr, into > TMW nad, ilid palmiumic, which fuses at &3" (137° F.). and that Uie latter aciil i( ttt- qnmiljr Ihr (ubstMiiov cxintaiiieJ in ihe cAndlo* picparad Troin paim mii—JinnaJm <ia Chmit wtd Fliormaat, U. &8. 392 BceAcniito OP palm oil. with Y'a'h *>f 6nely powderetf manganese, adds lo the mixture \ its Weight of boilin-! water, atid with constant figitation slowly pours concentrated sulphuric acid to the ainotmt of j'j of the weidit of the oil upon the mixture; the mass is then allowed to cool. The solidi- fled fat is of 11 greenish hue, but becomes white in a short time by the action of air and light. Zi«r first observed that palm oif slowly poured over a heated iron plate, absorbs oxygen from the air with the evoliilicm of an acid va- por, and becomes converted into a clear colorless fat. In England, this observation has been applied upon a large scale. At first, the crude palm oil was heated, 40 or 60 cwts. at a lime, in cast-iron boilers, lo the high temperature of 232° C. (450° F.) But before the whole mass could attain this temperature, the bottom of the boiler was often healed lo 300° C. (672° F.), giving rise to an intolerable smell from the evolution of vapors blackening and charring the oil, and not unfreipienlly causing explosions. As soon, however, as it was di.scovored thai the decomposilion of the coloring mailer began at a temperature of IIC^ C. [230° K.), the decolorizalion has been carried on at that temperature, although with a greater expenditure of time. When the melted oil has attained ] 10° (230° F.) over the open fire, the heat is kept up bj' the introduction of a current of hich pressure steara (15 lbs. pressure to the square inch) during the whole operation, and the decomposition is promoted by constant stirring. For the decoIoHzatioa of 4 tons of palm-oil, ten hours ai required. tier's obserration has been carried into practice in the followinj manner with great advantage. The appa- *'ip* '•^•''- ratus consists of a large steam-pipe open at ^j over which the bung-hole of the cask is inverted, and as the oil melts, it runs out into Ihe cibtern lif where any sediment is allowed to deposit. It is then syphoned off into another cisteru C, where it is kept ia a liquid state by the steam-pipe D. The melted oil Is pumped into the cisterns EK, hy the pumps FF. The bottoms of these cisterns are pierced with a number of small boles, through which the oil Sows down the»huns6'/V,iri a shower of small streams^ as shown at J!, into the cistern C, at LL. The oil is pumped up again, and heated iu ihe manner described uniil perfectly free from color. The pumps are enclosed in a copper pipe, as shown at A*, between which and the shaA of the pump, a jet of steam is ad- mitted at L. The whole apparatus is constructed copper, as tin will not resist the action of the acid in Ihe palm oil. i: I. lie' i'Lb_ BLCACHIIVO OP PALM OIL. 393 ■ The cost of this metliod is very small, being only the wear and tear and ihe rxpenBe of the fuel for raising ihf steam. Far more advantageotis, and, indeed, the very best plan, is that in vhicb the action of air and tight is associated with ihat of beat. With this object in view, several very large square or flaf boxes, or cisterns are prepared, which may either be conslruclt-d simply of wood, and are still better when lined wiih lead. These boxes are M inches deep, and are furni'^hed at the bottom with a sprprnlinc leaden Tube, in eon- neclion with a steam boiler. Into these cisterns, which may be freely exposed lo the air, or at all events must he so situated as lo admit of the free access of air and light, after they hare been filled to the height of 8 inches with water, palm oil is introduced in sufficient quantity to form a layer of two inches after being melted by the admission of the steam. The current of stcatn roust be regulated and conducted, so as to afTonl a uniform tetnpcralnre of 212°. At the expiration of ten or fifteen hours Ihc decolorizatinn is finished ; the Icnglh of time re- quired depending very much upon the power of the sun's ravs. Pnyen found ihar (he decolorizalion was not impeded byrovering the cisterns with glazed frames, but in such a maimer that the air continued to have free access. It is probable that palm oil might be bleached with great advantage by the tropical sun of Africa, before its importation into Europe. A slight yellowish hue cannot be removed from Ihe oil even by the most perfect proccBs of bleaching, which, on cooling, gives it a dirty -nhite appearance ; this, bowex'er, is no longer percep- tible in Ihe .wap. The mrisi complete, most rapid, but at the same time the most costly method of decolorizalion is that introduced by Walt, who uses bichromate of potash, and strong mineral acids. Watt's process is, therefore, an oxidation of the coloring matter by chromic acid. The process begins by tnelting the palm oil, and iillowtngit lo stand, when It deposits the suspended impurities mechanically. The clear oil is drawn ofl'inio wooden vessels, mixed with a concentrated solution of 25 lbs. bifhromale of potash, S lbs. oil of vitriol, and about 50 lbs. of strong muriatic acid to the ton of oil, and the whole is well stirred together. Instead of muriatic acid, common salt, with an appropriate Bodilton to the quantity of sulphuric acid may be used. In a few minutes, the mass haviug' been well stirred, the light green iippear- ance of the oil, and tlie rising of a thick sltiim lo Ihe surface iuilirate the completion of the process. It can easily be seen by the color of specimens allowed to cool, whether a sufficient quantity of the bleach- ing materials has been used. The chemical decomposition attending this process of bleaching is easily understood. The sulphuric acid combineii with Ihe potash, and liberates the chromic acid, which, parting with the half of its ojtygen to destroy ihe coloring matter, be- comes converted into oxide of chromium. The muriatic acid forms a soiuhle compound with this green oxide, chloride of chromium. The bleachrd oil has now to be separated from the aqueous snbilioD of chloride of chromium (and of siiljdiateof soila, when i-ommonsall was used). This separates as the heavier liquid, upon which the oil 394 OIL OP ILLIPA— CALAK BUTTER— COCOA-NUT OIL. swims, when the vrnrm mixture is allowed lo stand quietly for balf- an hour. The fat collected from the surfnce is then washed in a second vessel with water made to boil by a curreot of steam. The process of bleaching the above quantity) 20 cwts,, is finished in not more than five minutes. It woulrl be quite superfluous to bleach palm oil by so costly a process when it has to be usimI as an addition to rosin soap, which already possesses a yellow color. The cost of the process can ooly be repaid, wben very white soap is required. The cost of bleaching by Walt's method is estimated to be as fol- lows. About k a ton is operated upon at a lime, and the temperature of the oil is maintained at about 100" F. HawrSala oo«t, Ai EciKlitli jiijon, s. d. 10 lbs. bichromate potash . 6 8 10 '* common sah ... 0 0 15 " oil vitriol .... 1 7 A I Aiiwiicmn priou, 8y.3^.-S2.00. 4.2e-$8.52perton. Or about $4.00 per ton. Oil of Ulipa. — Ulipa oil {lllipay and Ellipe oil) very much resem- bles palm oil, both as regards its origin anil nature, but it is much less licDown in commerce. Il is said to be obtained by pre.ssurt; from the fruii of a tree that grows on the coast of Coromandel and Bengsl, vhich the natives call Maliwah or Mawy, and which is considered by the botanists, Roxburg and Hamilton, to be the Bassia latifoUa, a species belonging to the family of the iMpoteft. (Order Sopotncftt, Lind.) The Iruil has the Ibrm of a lengthened olive. A sin^^le Mak- wah tree, though growing in the most sterile mountainous districts, is said to produce 2 tons of fruit, aHbrding 60 lbs. of oil yearly. Ac- cording to Hear}', the oil is not exiracled by pressing, but by boiling with water. It is of a light greenish yellow color, nas an aromatic smell, resembling olive oil or cocoa butler, and is solid at moderate temperatures, its melting point being Hi'^iS" (72° — 73JJ° F.). At 28° (82^" F.}, it forms a lemon yellow liquid, from which reddish brown flocks like tannin are deposited. In alcohol it is but slightly soluble. Its taste is at Brsi mild, becoming gradually more and more acrid, from rancidity, tu which it is very subject. Pelouze and Boudet found this fat to consist of oleine ami stearine. Galam Butter. — Galam butter, also the produce of a species of Bassin, but indigenous to the interior of Africa, is so similar to palm oil* that it is oltea confounded with it. It has a greater resemblance, however, to tallow, and is more solid than Ulipa oil, its smell and taste are not so piquant, and it possesses a dirty yellow color. It forms a permanently turbid oil when melted. As Ihtf product of ran- cidity, Galaui butter contains free acid, aniL free oxide of glyceryli>. Cocoa-nut (HI. — More important ihan ihe two vegetable fats just described ts the so-called cocoa-nut oil or cocoa-btitter, a white rancid fat, as it is imported, of the consistence of hogs'-lard, but lamellar in OLEIC ACID. 396 I 1?x(nre, and possessing a disagreeable smell. It is extracted, accord- ing to existing statements, from the kernels of the cocoa palni,{CocM nucifera and butyrarea), either by pressure or by boiling. Thi.^ palm is indigenous to the two Indian peninsulas, viz., the coasts, chiefly, of Malabar and Bengal, as well as lo Cevlnn, (he Maldives, and Siam; it has also been found in the Brazils. The kernels of the cocoa palra, called Copperah in commerce, are now found in commerce, and the oil is extracted by the aid of heat, the kernels baring been previously ground or cut into small pieces. Tindall, in workiug upon 4'iO lbs. of copperah in portions of 7 lbs. each, obtained different kinds of oil by pressing the fruit in sacks and mats made of the cocoa-nut iibre, e»ery rise of temperature causing the melting point of the extracted oil lo be raised. The whole having been divided into five portions, each of which was treated at a higher temperature than the preceding, the following results were obtained : iMponion Utii llM.pKMeil Kin tempmaiurfi cf rrom 14* lo Ifi** C. (&7i* lo ttVfi P.) 2d " 13J " » *■ " I8» to la" C. (flft* ID 67* F.) 3il - 21} " " " " 31* nJi'F-} 4lh *■ Snj - " " » asi* » 30* C (Mi* 10 Sti* F.) aUi ■■ 91t " " " *• 40*10 41* a (104* to 106* p.) The cake which remained, weighed 1&5 lbs. ; the diSerence, 26| lbs., was chiefly oil, which ran down the sides of the press, and was collected in a separate vessel. Thus, it appears, that the kernels con- lain 60 ])er cent, or more of oil, in all probability consisting of two varieties, a fluid and solid fat, which are distinct and separate in the seeds, but become mixed under the press, and so much the more, the higher the temperature is raised, so thnt fluid or solid fat, or such as possesses a medium consistence, maybe obtained at pleasure. In the above experiments, indeed, the first and second portions were quite liquid and transparent ; the ihinl was semi-transparent and milky ; the fourth, solid, and of a dirty white color ; the fifth was of a pure white ook)r, and very firm. The cocoa-nut oil that is prepared in Bengal, is saiid to he better than that from Ceylon. The melting point of the oommercial oil is about 20" (68'^ F.), which is probably the tempera- ture at which it was extracted. Petouze and Boudet considered the solid fat to contain Klaidic acid,* until Bnindes and Bromeis proved this substance to be a combination of a peculiar fatty acid, coooie or cocostearic acid (Cj^II^Oj) with oxide of glycerylc (Coclne). In the rancid oil of cocoa-nut, this acid is partly free, t. e-, in the form of b)-drate(C„H„0, + aq.). Oleic Jlcid. — The mixture of oleic acid with portions of stearic and margaric acids, which is obtained in the manufacture of stearic acid by pressure (p. 126), afibrdsan excellent soap, the production of which is generally a secondary process in stearic acid manufactories, am) is prepared so much the more readily, as the fat has not Brst to be de- compofled, but merely neutralized with alkali. * The add which ii fonned hy the aoiioa of niiroui ucU on tbv liquid fill oil. 396 RBSIN— LVE. Resin. — The t*»n which is left after the distillation of ttirpealine, the origin Jind chemical properties of whifh have been described under the head of illuminating materials, (p. 129,) and which is generally known as colophony, is a no less important substance in the soap m»niifarturc than the foreign vegctahk- fats. Tallow, the olive, palm, and cocoa-nut oil$, oleic acid and resin are used for the production of hard soaps; train oil> and the seed oils, on the contrary, for soft soaps. The Lye. — The alkalies, as well as the fals, constitute one the crude materials employed In the soap manufacture, and ttie former are of importance in a double point of view; firstly, as they themselves fonn constituents of the soap, and secondly, as they are the chemical agenia concrrned in the decompositionof the fats, which must always precede the actual production of soap. Commerce merely supplies the WMpj^M boiler with ashes, potu^heK and soda, in which the alkalies are con-^^f tained as carbonates. In this state of combinatiou, neither pota^ nor soda is able to effect that M-hich the soap boiler requires;* his object cannot be attained by means of the sails, but only by the hydrates of potash and soda, and these are always employed in solu- tions of variable slrenglfa, and known as lye or caustic It/e. One of the most important operations of the soap boiler, is that of rendering the alkalies caustic, {i. e., the conversion of the carbonates of the alkalies into hydrates,) and it is effected by means of slaked lime or hydrate of lime. By a simple process of substitution, the carbonic acid combines with llie lime, whilst the alkali assumes its v,*ater of hydration, and becomes thus converted intn a compound possessing the most powerful chemical activity, which no substances of organic origin can withstand, and by which many others are decomposed. This it is, which is meant to be expressed by the term " caustic." It has been observed, that very concentrated caustic lye will decompose carbonate of Htne, combining itself with the acid, so that hydrate ot' lime and carbonate of the alkali are produced, or just the very oppo- site to lliat whirh it is the object of the niHuufacltirer to abiain.4^^| Hence, it is explained, why carbonate of potash dissolved in 4 part»^^V of water ts not at all affected by lime, is but slightly acted upon when dissolved io & to 8 parts of water, and is only rendered completely caustic when dissolved in more than 10 parts of water. The bet4 and most speedy method of obtaining caustic lye, is by slaking Si parts of burnt lime in 6 parts of hut water (converting it into hydrate), and adding it gradually to a boiling solution of 3 parts carbonate of potash in 12 parts of water. When the fluid, which has become clear by the subsidence of the carbonate of lime, no longer effervesces with acids, nor renders lime water turbid, we have proof that all the car- bonic acid has entered into combination with the lime, and that the lye has been rendered perfectly caustic. It is necessary to use only half as much water with carbonate of soda, which is made caustic ■ Tlipn uv tome few ezc«[)tio&9 ro this seoirral tale, wliicli will bt menuonad in the •e<iud. SOAP BOILtNQ— TITK LVB. 397 * b with ereater ease. Carbansteit of the alkalies can even be rendere<l caustic in the cold, by means of lime; but more lime must then be employed, vith weaker soltiiions of the carbonates, and the action must be idlowed to coDlinue for a longer time. In this manner, lyes of a certain strength, only indicating from 10^ to 12° B. can be ob- tained, but vriih le!c« expenditure of fue). The loss of time is of no moment, as the substances can be left to themstdveH, and require no attention. According to iheorr, 100 parts of carbonate of potash afaould require 53 parts, and the same quantity of carbonate of soda, 40.5 parts of burnt lime; yet it is advisable, in practice, (o use 50 parts for soda, BO to SO parts for potnsh, and for asb, from 8 to 10 parts of lime. At present the soap boilers always produce caustic lye in the latter manner, by digestion in the cold, partly because strong lyes cannot he used in the ordinary method of boiling, partly bccHUse ash was orieinally the only source of alkali, (at least in northern countries) — which, when treated with boiling water, would impart too lar^ a pro- portion of foreign salts to the lye — and lastly, because they are accus- tomed to the process of boiling with lye prepared in the cold. The manipulations are the following. In purchasing and collecting ashes, the great object is to obtain pure wood ashes without any mixture of peat ash, which not only contains no carbonated alkali, but is injurious from the large amnunt of gypsum which frequently accompanies it. This substoncc ex- changes its acid for lliat of the parbnnale of the alkali, so that carbon- ate of lime is produced, and sulphatr of potash, which is usel^'ss in the preparation of lye. It has been found, that many kinds of peat ash will, in this manner, spoil three times iheir weight of wood ashes. In all common ashes there are portions of unbiirnt charcoal and wood, which would impart coloring and empyreumatic substances to the lye, and must consequently be separated by a sieve. The sifted ash is moistened upon a smooth stone floor with water, or weak lye ; it is then well raked about, and allowed to remain until all parts of the ash are thoronghly soaked. The heap is. then hollowed out in the middle, so as to form a pit. In (his pit the lime is slaked, and when it has fallen to pieces, is rorered from all sides with ash, and after- wards both ash and time are well mingled together. For lixiviating the mixture, wooden, or better, cast-iron casks, with false bottoms, pierced with holes, and covered with straw, are used, and these are furnished with a stop-cock, as ts represented in Fig. 125. In these ath-tuha the ingredients are mixed as thoroughly as possible by a stir- ring rod; the mixture is then covered with straw, brushwood, or baiucet-work, and as much water as Is necessary to induce the action of the lime, is added. The cock is first left open, that the air may easily escape from the interstices, and water (or weak lye) is poured rery gradually over Ihe ash, that it may slowly sink down. As soon as the lye threatens to flow out from the cock, the latter must be closed, and the rest of the lye poured in. The action is now allowed to go on for 24 hours, and' the lye is then drawn oti'; the strongest lye tlows Si 398 BOAP SOILING— THB LTE. out first, contninin^ potash to the amount of 20° or 25° B.; a set lixirialion aflbrds lye with iP lo 10*^ B. of potash, and a third yields weak lye, indicating 3* to 4° B. The fnllowiog portions are very weak lyes, and are employed as the first addition to a fresh quantity of ash. The treatment of potashes is more simple, and consists in sddinj wnter to the mixture of dry {wtash and slaked lime in the ash-tuba The ingredients are more easily and better mix(.HJ in the dry state.' Tbe lye is frequcDtly not so clear on being drawn off, as in the former case; and llie lime is apt to pa$s througci the straw and the piercetl bottom. For this reason, potashes are often worked together with wood ashes, by which means the evil is aroided. Both may be mixed with the lime, or the ashes only, and then the potashes should occupy the highest place in the a$h>tnbs, or may be dissolved in the lixiviating water. The soda-salt is treated in the same manner, but never with an addition of ashes. It is best to spread it above and upon the lime in the ash -111 h. It is not conTcnicnt to render .solutions of potash, or soda, caustic, by Btirring them together with milk of lime; forlbt* carbonate of lime, -which is in a state of extreme division, is very long in settling down from the liquid. The production of lye from ashes is becoming less frequent in the soap manufactories, as the scarcicy of wood increases, and as soda is more guncrally introduced. The production of lye from soda by UmI- ing, in which case very little foreign matter has to be removed, is certainly a gain to the soap manufacturer, inasmuch as he can obtain at once strong lye, which is now so frequently needed — for insUncer in the saponincation of cocoa-nut oil — without being obliged to con- centrate weak lyes by evaporation. It is not advisable to employ cr^slaliited, or even crude soda for ihe production of lye, as needless expense is incurred in carriage, and (hese contain but a small amount of soda; besides which, the latter is always more or less contaminated with sidphuret of sodium, and this has to be removed by artificial means. A serious objection to the preparation of lye in the cold, is the uncertainty attending the action of the Hrae, which cannot be ascertained previously, nor can Ihe quantity added be subsequently increased or diminished at plea- sure. Thus an excess of lime has sometimes to be remedied, and at other times too little lime is employed. The first evil is corrected without any great difficulty; but when the lye passes through in the stale of carbonate, there is no other alternative than lo pour it again through the lime. The caustic lye of the soap boiler, obtained from ashes or patashes, , contains some sulphate of potash, a good deal of chlorid^e of polat sium, and some silicic acid in solution, which latter precipitates iai combination with the lime on boiling, but not in the cold. Sodfi,| particularly that obtained from marine plants, imparts common salt and sulphuret of sodium to the lye. In preparing lye in the cold, SOAP— TESTING TBB LYB. 399 hydrate of lime is found in solulion, particularly in weak lyes, aiid this, not vriihstan ding Its slight degree of solubilily, g^g lo ^]^(, of the water, is, nevertheless, of some moment, in consequence of the ]arg;e quantity of water used, as it destroys, on boiling, a portion of the soap, converting it into insoluble Lime soap. Lastly, it must not be overluoWt-d that caustic lye, at the boiling temperature, particularly when conrcntrated, nltarks and dissolves iron. Testing the Lye. — The soap-boiler is only in a position lo judge his process correctly and proceed with safely, when, during the lixivia- tion in the ash-tubs, and whilst boiling the fat, he is enHhIcd at any moment to ascertain accurately the strength of his lye. He uses for this purpose, a rather precarious but easily luanaged instrument, Beaume's hydrometer {in other parts Stoppani's, and in France flay- LttSEac's hydrometer is used). In this inKtrument (that which is used for liquids heavier than water) the space between the point to which the instrument sinks in pure water — the zero point, and the point to which it sinks in a snlulion of I part r.ommon salt, in 9 parts of water, is divided into 10 equal parts, or degrees. This graduation is carried on throughout the whole length of the spindle, 'ilie indi- cations of such an hydrometer are in no Icind of connection with the chemical nature of the fluid ; and as the graduation is perfectly arbi- trary, nothing more can be established by the instrument than a oom- parison of the densities of different liquids. When, therefore, the l^drometer sinks to the same depth in syrup of sugar, and in a caus- tic lye, no other conclusion can be deduced from the observation, than that both fluids are of like density. But as the correspondence has already been established between the degrees of Beaume's hydrome- ter and the specific gravities, and it is also known what proportions of potash and soda correspond to the specific gravities of different solutions, the hydrometer may be used, with the aid of tables, as a. means of ascertaining the amount of altcati present. A lye of 18° B., for instance, has a specific gravity = 1.KJ8, which is equivalent to 15 per cent, of potash, or t'2.S per cent, of soda, always supposing the lye to contain no other matters, or salts, which also influence the hydrometer. This, however, is never the case with soap boilers' lye, 90 that the indications of Beaume's hydrometer are mere approxima- tions, with reference to the amount of alkali, or are nitogether falla- cious. Nevertheless, they are useful to the practitioner in a variety of ways, and are, indeed, indispensable. In the first place, he can easily follow with this instrument, the diminishing strength of the liquid flowing from the ash-tubs, and form a just estimate of its value, when, at ^e same time, a test with acid proves the absence of carbonic acid. Itut even in the process of soap boiling itself, the test of the l^e afibrded by the hydrometer, combined wilh the personal expe- nence of the workman, is a clue by which he is enabled to judge whether the proper strength has been attained, knowing, as he does, what degree the hydrometer ought to indicate from any particular soda or potash-lye, for any particular purpose. The buoyant power of the lye was the okl-fasbioned and errvaevue teirt: in applying 400 THEORY or TUB PORMATIOK OF SOAP. thiSf it was ascifftained whetht-r an cg^, or a piece of hard wap, would swim on the surface of the lye and not sink, for which a cer- tain deosil; was of course necessar)*. Thus the respective densities of diSerent Ives could never be ascertained, but only whether a certain lye bad attained that particular density. In other words, weak lyes ooiiLd never be examined upon this principle. Theory «/" the formation of Soap. — A clear idea of the fonnatioQi^M of soap, and a correct explanation of this remarkable process, can^^H only be obtained from a thorough knowledfre of the constitucnrs of the fats, as well as of their mode of combiuaiioa. The (juestion re- specting the theory of soa]> fonnation, unJ the question concerning the constitution of the fats, have reference, therefore, to one and (he same thing. All that we know concerning these bodies at present, has been furnii>hed by the extensive and exemplary researches of Cherreut, dating from the year I8t3 to 1823, the results of which were published by the Author in his " Recherches Chimiques snr ht corps graSf Wc, Paris, 1823." More recent researches upon this subject have seldotm found anything to correct, but have adduced new facts, and given rise to explanations of those already known, which are more in accordance with the advanced state of science. These rcsearchtrs, conjointly, have proved that the fats, such an tallow, lard, olive oil, &.c., are mixtures of two kinds of matters, which, taken singly, possesses all the properties of the fats themselves. They are chielly diiilitiguished from each other, by their stale of aggrega- tion at ordinary temperatures. Those which appear solid and hard have been called slearine byCbevreul; the fluid kinds he termed oUine. The consistence of a fat, therefore, depends upon the pre- dominance of one or other of these constituents ; so that the fluidity of the oils is due to a preponderance of oleine, the solidity of the va- rieties of tallow, to that of stearine or margarine. Pelouze and Bou- del have observed, that (he oleine from olive oil, hazel-nut oil, human and swine fat, is very dilTcrent in solubility, and in its action with nitrous acid, to ihc oleine from linseed oil, nut, poppy, bcmp-.seed oil, and cocoa<butter. There are, consequently, several distinct sub- stances included under the collective name of oleine, which, in the above-mentioned fats, hold margarine and stearine in solution. The same chemists have shown that Ihuse substances which were supposed to be different varieties of margarine and stearine, are rather combi- natiuna in deOuite proportions of oleine with margarine and stearine, as in the butter of cocoa and in olive oil. With reference to the re- cently examined fats of the cocoa-nut and the palm, it has already been staled, that the varieties of stearine which Ihey contain in con- sequence of a diiVerence in their chemical con.stitution, have been called cocine and palmtiine respectively. These proximate principles, stearine, margarine, and oleine, which, either merely commingled, or in chemical combination, cousiitiiie the fats, are considered as true salts, or as combinations of a base with an acid, and this view has been arrived at by the appearances ob- served during llieir decompositiou, and the similarity of (heir beha- I THKOIIT OP THE PORH&TTOIf DT fOAf. 401 I vior to other well-known combinalions. The base is the same in the greater number of the fats; il is the oxide of a compound radical, glycerjle (C,H,p, or 2 C,H,0+3 H,0), the acids in combination with it, however, are of various kinds. Oxide of glyceryle is a sub- stance soluble in water; it ts colorless, and has a sweet taste, (sweet principle of oils,) and possesses none of the properties of the fals^ which are, on the contrary, retained by the fio-calted fatty acids. These bodies are fluid at common temperatures, when derived from a fluid constituent, (for instattce, oleine,) but are solid, when obtaineit from a solid ingredient, (as stearine.) Thus oxide of giyceryle, in combioatioD with stearic acid, forms stearine; with margaric acid, margarine; uith oleic acid, the oleine of olive oil; with palmitic acid, palmittne ; with cocosiearic acid, cocine, &.C., combinations, which have always the characters of a fat, but not those of oxide of glyce> ryle. The basic metallic oxides, the earths, &c., speedily decompose these compounds in the presence of water, uniting with the acid, whilst the oxide of giyceryle dissolves in the water. The salt pro- duced by the union of the fatty acid with the metallic oxide, is a soap in the extended scientific signification of the word. When a natural fat is Irealpd in the same manner, the same decomposition of its con- stituents occurs as if they had been taken separately; the same num- ber of salts of the metallic oxide are produced, as there are fatty acids present, and these together form a mixture. A mixture of this kind is obtained on a large scale, when fats are treated with potash or soda (or lime], and this is then called soap in a limited practical sense of the word. The process concerned in the sapooificalton of a fat is, therefore, the following: Befon Aflu Olein«, siMtiae, tec DMOfnpMtikm. f Fnltjr BciiU . . Soip. ( OziHc t}( t\f<xry\v -^^^j^-^ Xrtnllic oxide ■ -^**^.^^ Wnler . . . —ilk HjrdnUM) oxide aTgljmtYla U')"^*- rinv). When, therefore, olive oil is boiled sufficiently long with water and oxide of lead, a lead-soap is obtained, lead'piasler, which is inso- luble in water, and swims upon the surface of a solution of glycerine in water. Indeed, the existence of glycerine was first observed in preparing this plaster, as no other substance soluble in water occurs in the process to mask its presence. Some of the fatty acids are volatile, as was observed by Cbevreul in the case of butter and train oil. Such acids are the cause of smelt in soitie kinds of soap, for, during the gradual decomposition of the salts, the acids arc volatilized. The same chemist has proved, that the formation of soap is entirely independent of the access of air, and that the weight of the products of saponification always slightly exceeds that of the fat employed. Thus, he obtained from 100 parts: 2i* ^ffttfRTRi nrarTORMATION or rae Marine acid Oleic acid Glycerine Stmno*. 78.0 18.4 8.5 • > Oleiflv. 20.08 75.M 9.80 104.9 105.80 This Increase of 4.9 and 6.8 per cent, traced back to the element- ary constituents of the products of saponification, is found to be oity- gen and hjdrojfen in the same proportions as those in which they com- bine to form water. In fact, the fatty acids and nside of glyceiyle which are anhydrous in the fats, are obtained after decomposition in the state of hydrates. In palm oil and cocoa-butter, the fatty acids have separated In great part from the oxide of elyreryle during the processor aiiontaneoiis decoin|)osiiion (in becoming rancid); the sa- ponification nas, therefore, in this case obtained a start, and the alka- lies are not obliged, in the first instance, to decompose a combina- tion of oxide of glyceryle, but have simply to enter into combination with the existing free acids to form soap. The small proportion of undecomposed palmitine and cocine is all that rcmain.s to be decom- posed hy the alkali. Thus, it is easily explained why the saponifica- tion of palm and cocoa fat is so much more rapid than is ibe case with tbe greater number of the other fats. Resia (colophony), on the contrary, is very differently affected, inasmuch as its constitution is very different to that of the fats. Commercial colophony is a mixture of a large quantity of pinic acid with a Htlle sylvic and colophonic acids, (compare p. 129,) a mixture, which, from the nature of its in- gredients, possesses the properties of a weak acid. In this case, therefore, no real saponification ensues, but the alkali is simply satu- rated with the resinous acids, and a substance obtained, which, in a commercial point of view, is equivalent to soap. The production of this substance is still simpler and easier than the saponification of the acid vegetable fats. Thus far in speaking of alkalies, reference has been made only to caustic soda and potasli. It is, however, well known, that soap can be prepared with the carbonates, and even with the bicarbonatea of the alkalies; but the process is then so tedious and imperfect, that it is never practised on a large scale. A solution of carbonate of pot- ash, when boiled with fat, parts with one-half of its potash to form soap, whilst the other half becomes bicarbonate. The decomposition of this latter oontioues, with the e^tylution of carbonic acid, as long as the boiling lasts, provided sufficient fat is present ; but the process is so tardy, that a perfect soap is hardly attainable in this manner. For saponifying (saturating) resins upon a large scale, the carbonate of the alkali is quite as applicable as caustic lye. Ad excess of alkali is requisite for saponification, and is so much the more willingly employed, as it can be removed again without dif- ficulty. It must not be supposed, that the production of soap is a momentary process, or that it can be done with the same exactness ■ lOK or SOAP. M I I I and rapidity as the decomposition of an ordinary salt. On the con- trary, the production of soap passed through a number of stages, and these occupy a considernble length of time, from the first mixing of the fat with the alkali — when a milky turbid mixture (emulsion) is produced — to the formatiou of soup ready for use, or to that puiut when the whole of the alUali is saturated with fatly acid. Acid salts are first produced with the fatty acids, and these hold the remainder of the fat in a state of solution and divi<>ion, until it also is enabled to combine with alkali, and transform the acid into neutral salts, or into soap ready for use. This reaction may easily be observed if th«> fat is boiled with one<half llie requisite quantify of alkali; the whole of the oil is at length dissolved, but the solution becomes troubled on cooling, and when diluted with water and boiled, unsaponitied fat separates, aiul this had only been retained in the fluid by the stearate (margarate) of the alkali that had been formed. From what has been stated, it appears that ordinary soap is a mix- ture of the compounds of the fatty and resinous acids with potash or soda. The choice of the base is, however, by no means a mailer of indifference. The jwtash soaps are of that nature, vvhirh in ordinary faltB is termed deliquescent, i. e., they do not dry up when expoited in solution to the air, but retain so much water as will form with them a soA slimy jelly. On the other hand, artificially dried potash •oaps absorb a large quantity of moisture, and become converted into a floft jelly. 'Iliis kind of soap is called "so/i soap'''' by the soap boiler, in contradi^tincliun to the soda soap, or "hard soap.^* The latter neither holds back so much water, nor does it absorb so much 9S to render it soft, but hardens when exposed to the air, and with a oertaia amount of water forms a perfectly solid mass, in which it is difficult to make impressions with the finger. The deliquescence of the former kind of soap is derived from the stearate, margarote and oleate of potash, whilst the properties of the latter ore due to the cor- responding salts of soda.' Kesin, in combination with either soda or potash, forms by itself a soft soap. Sof> soap is made from train oil and the drying vegetable oils; hard soap from the vegetable fats and oils which do not dry, or from tallow. Every kind of .soap found io commerce contains a variable quantity of water depending upon the State of humidity of the air; pari of this is in chemical combinalioDf but by far the greater portion is only imbibed from the atmosphere. Hard soap becomes harder by drying, so that at last it can be pul- verized. Potash-soap decoraposea the sails of soda, e. g. common salt or sulphate of soda; the potash, or the stronger base, unites with the more powerful (mineral] acid, and the fatty acid combines with the soda. There result, therefore, chloride of potassium, or sulphate of potash, and a soda-soap. It is, indeed, in this indirect manner, that hard (soda) soap is fabricated in Germany. The action of sol- * KMI pniti of ()tf olealenr polanh abMrb Iran th« ftir IBS |Mrti>(if wnWt. If* " ■* mnnpimio - « » 50 - " iOO •' " •l«ami« ■' - ■' lU " " 100 •• - (tMMM of Mda • " T} ■- " vents upon soap is panJculnrly interesting, and of the greatest import- ance in the dilTereDt purposes for which it is employed. In alcohol and hot water, soap is pcrrectlv soltilile. Tlie aqueotiH solalion is more thick!)' ^uid and slimy tnan the alcoholic solution, but both solidify to a jelly at a certain stage of concentration; opodeldoc is soap mixed with alcohol in this stare of concentration. It has con- stantly been found that potash-soap is more readily soluble in water than soda-soap. This can be better seen with the salts of the pure fatty acids than with soap. Stearate of soda undergoes hardly any change when brought together with ID parts of water, whilst stearate of potash is coni'erted by it into a thick jdly. Oleate of soda is so- luble in 10 parts of water, oleate of potash in 4 pails, and forms a jelly even with 2 [larls of water ; tnargaratc of potash is converted by 10 parts of water into a transparent stitTjelly. Krom this, it will also be seen that the salts of oleic acid are more soluble than those of stearic (or margaric) acid with the same base, so that the softness or hardness of soap is not solely dependent upon the base that is U8e<l, but also upon the relative quantities of oleic and stearic acid which it contains. The fats mentioned as serving for the production of soft soap, are remarkable for the large proportion of oleic acid (oleioe) whieh they contain. Cold water never dissolves the oleate, margarale, or stearate of an alkali — the soap of commerce, therefore — without decomposition. The neutral salts are resolved into alkali which dissolves, and into an acid salt that IS precipitated. The same decomposition occurs, when hot solutions of soap — particularly weak solutions — are cooled. Chevreul investigated this decomposition, in the case of stearate of potash, with the greatest accuracy, and the results of his examination are well suited to illustrate the action of soaps in general. When a solu- tion of neutral stearate of potash (St -i- 2 KaO) is cooled, ith of its potash remains in solution, and a mixture of neutral with acid stearate of potash is separated. If the same salt is allowed to dissolve in 6000 parts of cold water, the acid stearate (St, KaO) is alone pre- cipitated, in the form of scales, possessing the lustre of mother-of- pearl, and the half of the potash remains in solution, for — From We obnin 1 «q. neutnl MA* f 1 e<1. ■waric wad mie or poiuh } 1 t^. pcriwh . . o( potuh* . . Ulll I nq. wwrki I ei}. poiMib. I vi^. wEur. I »r]. hydnite of 5 ' e<l- poluh. poiaiti ... I I *)<I' WMlmr. This behavior is common to the neutral margarates and oleates of potash and soda, and it explains why, in using soap, even with the ' Tlie acii] Mil ^ Si, KaO, Ai], M-hen wpnnted (torn tb« liquid, u agiin dNOmpoMd 'br * lw|r quBinlil]' (1000 pull) o{ Iwc, but oot of oold wntet, vrbttn 1 eq. neainl eiMrate of poUuh ^ iSi -|- 9KaO, Bnd I eq. oT B ilill more acid salt i= zlsi -|- KnO -4> 3 At). Kf« produccil freni crer^ 3 o]. of ibe ncid Mil ^ 3&t + 3 KaO and water TH£OnY OP THE FORMATION OV SOAP. 405 I I purest water, a whitish turhidness — aoap-suilM — is fllw&ys ohtninad ; the alicaline jiropcrly of soap>suds, is sou-ly due to th« liberation of a portioB of caustic potash or soda* aad ttiisit islhat ailordsCheposaibiiily of remoring fatty impurities in water, 'which is the sole object of iug with soap. ■ ery kind of soap, when U leaves the pan, and is afterwards sold, IS a more or less concentrated wdulioii of soap in water, which, when it has cooled, and becoiuc firui, should b(r subjecl to the same pheno- mena of decomposition. In fact, common so.ip shows a number of extremely slender crystaline fibres, but slightly transparent, and having a silky lustre^ which are surrounded by a more translucent matrix. The physical reaction of soaps with diSerent saline solutions, as that of common salt, carbonate of soda, the correb7)onJing potash compounds, sal ammoniac, &c., is of the utmost importance to the aoap-bculer, because, although it may not be instrumental in the form* ation, it is very much concerned in the separation of the foreign mat* ters tbat render hard soap impure, and is also influential in imparting to it the proper amount of water. In practice, a soluiion of common aali is always employed for this purpose. When soap, cut up into small pieces, is placed In a solution of com- mon salt, saturated at the ordinar)' temperature, tio action whatever takes place. The pieces of soap, far from being dissolved or softened, swim on the surface of the solution without even being wetted by it; the solution of salt Hows from their surface as oil from ice. Even after long immersion, no other result enjtues than would occur if the soap were plunged into mercury; instead of soflcnine, its hardness is rather increased. If the solution of salt is boiled, the soap is soft- ened by the heat, and assumes the form of a gelatinous, or, rather, thick and doughy mass, which is equally insoluble in the saline so- lution, keeping perfectly distinct from it, or, at most, sfeparating into flocks that swim upon (he surface. These flocks harden whi^n taken out, and cool down to hard soap. If (he solution of salt is not saturated, but diluted to a certain extent, the soap and salt coutend for the water after such a fashion, tbat neither posiiively gets possession of it. The water is partly imbibed by the soap, but a part remains with the salt, so that a solution of soap is seen .su'iinminf; upon the saline solution, which is now saturated, without mixing wii}i ii or dissolving, but still forming a distinct laver. It is only when the salt in solution is below ihe ,^5 of the liquid, that the soap is not prevented by it from dis- aolring. If a solution of thiii kind is boiled for a length of time, the following appearances will be observed as the water gnidually evapo- rates: The duid, when steadily boiled, assumes, in the beginning, a thin, frothy character. The mass of soap and the froth become gradually thicker, until, on allowing a &»mple to run down the stirring rod, it is observed, by the manner of its descent, that the solution of soap, although slill very soft and liquid, is nevertheless separated from ihe saline solution. At this period uf the process, the solution of salt is 406 THEORY OP THB FORMATtON OP SOAP. SO far concentrated, Ili»t the soap cannot remain any longer dissolved. It can easily be observed in u'tial manner the stirring rod is wetted by a liquid (solution of salt), above, or on Ilie surface of which, the solution of soap slides down in flat lumps or floras, without attaching itself, or partially sticking to the nni. From this time, the solution of soap becomes constantly thicker, for the solution of salt lakes water from it, in proportion as its own water is diminished by eva[K>ration. The solution of salt collects more and more in the lower part of the vessel; the soap swimming on the top boils, Hnd throws u|) larger and larger froth- bubbles, until it becomes, at length, so lough and thick, as to obstruct the passage of the vapors arising from below. The surface now splits up into several Belds, separated from each other by deep furrows; these have not the fresh and soft appearance of the frolh m the furrows, but present the appearance of dry slabs, which, being forced from side to side by the escaping vapor, slowly arrange themselves one above the other. The escape of the vapor soon becomes so retarded by the thick mass, that it forces its way, as it were, througb craters, and gives rise (particularly in covered boil- ers) to a peculiar sound {Pjtifen). At length, the period arrives when the attraction of the soap to the remainder of Ihe water is w great, Ihat il compli-tely resi.iis every endeavor of the salt to remove tt. Soap and salt, therefore, balance each other with reference to j their affinity for water. This state is attained when the soap, wbicht*f| previous lo this, was always covered with froth and bubbles, suddenly *^ sinks, and the froth breaks up into roundish massive grains, distinctly separated from each other, and from the saline solution. In Ibis stale, the mass no longer rises, even when a greater amount of beat is ap- plied ; but the saline solution i.s thrown up from lime to time wilb much force from below, breaking through the granular mass (curt/) on the surface, and then sinking down again. If soap is taken out dur- ing the boiling ]irocess, and allowed In cool, it solidifies lo a more or less firm mass, depending upon the quantity of water it has retained; when it is removed in the granular state, it has the consistence and hardness of commercial soap. Soap that contains a larger amount of water than curd soap, is called "watered^*' when water or weak lye is added, and mixed with the curd in the boiler itself, or when the curd is treated subsequently with water whilst still in contact with the brine. It is called, ou the contrary, "jJWcti" when the water is added and slirrcd into the curd after its removal from the boiler, and immediately before it soUdiJies. All varieties of soap are nut se|^riited with the same ease from Ihetr solutions by means of salt. Thus, soap made from cocoa-nut oil requires a much larger quantity of salt to separate it from solution than soap made from tallow; the former being soluble in saline solu- tions, in which the latter is perfectly insoluble. Resin soap is aflected by common salt, in the same manner as the soaps from I'al. * Thp«f t^nn^ tMltnd luiil jUlrd, tu ■pplied to nmp, will, rirrbnpf, »ppvmt ttnnc« K> tW V.t<ji\Mt )in»(i lioilcr. Uitt it i" nbvious UtKt Ihry both kfip'y ■'> Kxip fatrrtd in « |Mni' culnf H)ann«r,Kni] Tgr trhicb lliat« vo no oorra*poniling tocfanicK) tcnn>iii<NiT tonpwup. THEORY OF THE FORMATIOX OF SOAP. 407 I I The same results as those oblaineJ by the use of cominoD salt are also produced, although in a less energetic manner, by chloride of potas^um (which acts hut slightly), cnrbonates of the alkalies, sul- phate of soda (also very weak in its action), acetate of potash, »nd sal ammoniac. In weak caustic lye, soap is perfectly soluble ; id strong lye, on the contrary, or when the concentration of tliu lye is increased by boilin)», the soap separates in the same manner as from a solution of common salt. For this reason, the soap-boilers are in Ihtt habit of using weak lye, particularly in the beginning of tLeir operations, as stronger lye, in separating the sonp, would prevent the necessary amount of contact amongst the ingredients, and rerymuch retard the process of saponiBcation. As glycerine has no kind of resemblance to soap, a*; regards its reaction with saline solutions and caustic lye, but dissolves m Iheui all with perfect ease, the use of cnminon salt afibrds a ready means of separating This and other foreign matters from the soap. It is perfectly impossible, during the preparation of soap, to avoid entirely the presence of the panh.s ami metallie oxides. These, con- sequently, always decompose a small portion of the soap, combining with the fatly acid which they take from the alkali. Portions of lime and magnesia constantly accompany the caustic lye, and are brought with it into the boiling pan, and the sides of this vessel are always flulfiriemly acted upon to impart a visible trace of iron or copper to the soap. The soaps formed with lime, magnesia, iron, and copper, ate not soluble, and they are much less rapidly softened by heat than the corresponding alkaline compounds. They are disseminated, however, in such a minute stale of division throughout the mass of hot soap, as amounts almost to solution. As the soaps of iron and copper possess the colors peculiar to the salts of those metals, the whole mass of soap acquires by their presence a iinilorra greenish or blue color. This color is partly caused by the sulphur contained in the lye, (particularly in soda lye,) forming sulphuret of iron or cop- per. When a soap of this kind is allowed to cool rapidly, the cut surface presents a uniformly colored appearance, something like wet slate. If the mass, however, cools slowly, the soaps of the earths and metallic osddes separate from the great hulk, and collect into larger or smaller groups in different parts with a certain degree of regularity, living a marbled or mottled appearance to the cut surface. Colored reins are then seen disseminated over a white ground; these numerous and smalt when the soap is quickly cooled, and larger " farther apart when the cooling is less rapid. The soap assumes the appearance of granite when it has been very rapidly cooled. Sulphuret of iron is the chief coloring matter of the veins; and when this is present, the speedy disappearance of the blue color, ou ex- posure to the air, is explained by the oxidation of the sulphuret of 'in, and nothing is left but the mldish yellow color of the real iron ip. It is obvious, that the substances which impart Ihc mottled "appearance to soHp, are only held in suspension in consequence of its thick state of fluidity. If the mottled appearance is to be entirely 408 SOAP BOILING— MARSCILLG8 SOAP. 'M removed, and white soup produced, it is necessary to add a quantity of waler, that those substances may be enabled lo subside whilst the 6onp is slill in a perfectly liquid state in the boiling-pan. This ad- ditional quaDtity of water is not again separated, but is sold with the eoap. This is the reason why so much importance is attached in commerce to the mottled appearance of the soap; a.i it is a sure indi- cation to the consumer, thst ihe amount of water in the soap cannot extend beyuntl a certain limit, which is very much exceeded in white soap. It must, however, be borne in mind, that methods have lately been discovered of imparting any kind of mottled appearance to soap containing much more water than ordinary curd soap, by mixing mineral colors with it when it has attained a certain stage of bark- ening. It is self-evident, that mottling can only be applicable (o bard, and Dever to soft soap. Process of Soap Boiling. — The use which has been praclically made of the foregoing principles in the manufacture of the most im- portant kinds of soap will now be seen from a series of examples. Marseiites, {Ven/liav,) qt Olive Oil Soap. — The saponification of olive oil by means of caustic soda, formj) an extensive and flourishing branch of industry in the southern countries of Europe (in the south i^ France, north Italy), and on Ihe northern coasts of Africa; in those parls, therefore, where the olive-tree is a native of Ihe soil. With re- ference to the oil itself, therelaltveralueof the ditferent kinds depends upon their amount of color, and of the fatty substance recognized by Pelouze and Boudet, as a combination of oleine and stearine. The value of the oil increases with its want of color, and with the quantity of slearine which it contains; it is in proportion, therefore, lo the facilily with which it becomes solid in the cold. The oils of Provence rank first for excellence. The finest salad oil is too costly for the manufacture of soap, but the oil obtained by the second pressing is peculinrly adapted for this purpose, on account of its cheapness and^^ larger amount of stearine. Sometimes a small quantity of seed oil i^^| added to it, that the soap may acquire a somewhat sitiiet consistence.^^ The lyes prepared by lime from soda are of three different strengths; the strongest lye is indicated by 20"^ to 2b°, the lye of middle strengUi by 10° to 15°, and the weakest by 4° to 5° of the hydrometer. AD three are preserved separately in walled cisterns. Formerly, when saponification was carried on only with natural soda ash, the chloride of sodium contained in the a^ was also dissolved in the lye; bat as the presence of Ibis salt is very objectionable in the first stage of the boiling process, and is only necessary in the subsequent additions of lye, an evil is incurred by employing it, which is not the case when^M artificial soda is used. Pure soda is, tber«fore, taken for the first lye,^^ and, afterwards, soda containing chloride of sodium, which is espe- cially prepared for this purpose (see p. 273). The quantity of soap which is made at once, is technically termed a "boUf and the operation is commenced in two boilers, and finished to one only. The plan of tbe apparatus may be seen in Fig. 154, PRODUCTIOK OF OLIVS OIL SOAP. 409 ie bottom nnd lower part of iHr boiling-pan Jl is of cast iron nr copper. The sidei are composed of brick-work erected and Itneii Fig. IM. cement (morlar resisting the actioD of water). This upper part bhbb, vhich never comes into contact with the fire, and ts intended to afford space for the soap to rise, expands in the form of a cone. The fire-place /■ is separated from the ash-pit A by the grate a. The fire, after havinif heated the bottom of the pan, passes by the flue 2" XX, half round the side of the pan into the chimney E. This is ac- cessible for the purpose of cleaning- by the door P; the soot is thrown into the pit k. A tube with a cock leads from the lowest part of the pen> for the removal of the (under) lye. The whole of the pan is sunk ]Qto the floor of the boiling-house, which is made of planks, stone, or iron plate, in ^uch a manner that the brick-work of the upper part projects to about .1 feet above the floor. The pans or boilers are calculated lo contain 240 cwts. of aoap. fTbe upper part is frequently constructed of mere staves, without ' any bottom, and these are fixed, water-tight, into the rim of the boiler. Fig. 165. This ar- rangement is quite as con- Fig. 55*. Ten lent, and much cheaper. Sometimes a sjphnn is intro- duced bctweenihe bottom and the upper part, instead of the cock and tube y. The plan of Surrounding the pan with an external cnsing, and using the intermediate space for the purpose of applying steam neat, has been abandoned, as it is preferred to run some risk of burning rather than forego the advantage of tur- 2k 410 PRODUCTION OF OLIVE OIL SO&I>. bulent ebulliiion. This latter is valuable froro its mechanical a^nc] and answers the purpose of a slirriog apparatus; h can ooiy be eflcctcd by ail open fire. ^_ A boil* which comprises generally 120^ 140 to 160 cwts. of oi|^| passes through three stages: the preliminary boiling {empatage), th^^ cutiing; up the pan (t. e., the addition of saline tye, ^elarg^lge), and the clear boiling (cor/irtti), io which, for mottled soap, the marbling or mottling process {madrage) must be added. For the preliminar}- boiliug, a lye of from 8° to 11° is used, and this is prepared in the boiler by mixing together veaker and stronger lye, free from common salt. As soon as it has attained the boiling point, the whole of the oil is admitted at once, and combination is accelerated by stirring. A dirty whitish mass, like an emulsion, is R reduced ; if this appear too thin, which results from an excess of je, more oil is added; if, on the contrary, oil is seen floating on the surface, there is then need of more lye. In a short time, the tem- perature, which had been lowered by the addition of cold oil, again rises, and the mass begins to boil steadily, becoming thicker and thicker as the water gradually evaporates. This first action of the oil and alkali can only take place rapidly and completely, when the soap remains dissolved in the lye. An excess of lye of 8° to 11° may, however, produce a contrary eflect ; it then becomes necessary to add an extra quantity of weak lye, and stir until no further sepa- ration is visible. During this preliminary boiling, the mass of soap, inasmuch as it is dissolved in the lye, comes into immediate contact with the sides and bottom of the metallic vessel. Hence, when the whole has acquired a thicker consistence, a portion frequently attaches itself to the bottom of the vessel, becomes overheated and burns. This burning is indicated by a black smoke (called by the I^ven- jales, tabacn), which passes off here and there with the vapor, and is a sign to reduce the fire as quickly as possible, and prevent the evil from increasing by adding some gallons of the strongest lye. By this means a slight separation of the soap from the lye is occasioned, and the contact between the former and the metallic surface destroyed. In the ordinary process, when such interruptions do not occur, the soap boils steadily, throwing up froth as high as the breasl of the boiling-pan. Towards the end, the proper quantilv (6 to 8 Jbs.) of green vitriol is added, for the purpose of mottling, this is immediately precipitated by the lye, partly as sulphuret of iron, and partly as iron- soap. As soon as the mass of soap has become perfectly UDiform, and has acquired the proper consistence, i. e. is no longer like an emulsion, but has acquired more completely, though not entirely, the nature of soap, the fire is extinguished, and the salting process be^H gins. V The lye which has been added up to this period relinqui-shes the whole of its alkali to the oil, and remains merely as water, of which B small portion only is evaporated in the pan. If the stronger lye were added at once, it would become instantly diluted by the excess of water, and the object which it is intended to serve would be de- PRODUCTION OP OLIVE OIL SOAP. 411 I I fealeil. This water must, therefore, be got rid of, not. however, by boiling, but by means of common salt, or rather by the lye contain- ing common ^t already spolcen of. Whilst one workman pours this gradually into the boiler, another is occupied iii stirring the twu tho- roughly together, until the soap — -having* brcome inso]ul)lc in the so- lution of salt — begins to congeal, and separate in flocks. In the rourse of three hours, the soap has so tar separiited that ibe ]>*<: be- low it {under-tye) may be drawn off. The r[naniity drawn off must amount to double that of the saline lye employed. The soap is now all scooped into one pan to under^ the clarifviog process, and soap and lye are allowed to boil with only just sumcient common salt to keep the soap perfectly distinct, as, if this were not done, the thick mass would certainly attach itself to the vessel. When the fire has again burnt up, about 320 gallons of a mixture of pure and saline lye of from 18^ to 20° are added, and the boiling is continued. The workmen keep the boil constantly stirred, particularly the surface, partly to hasten the combination of the caustic soda, and pnrlly to prevent the liquid from boiling over. During the preliminary boiling, the caustic soda combines rapidly with the fal, (the soap is then said to **eat well,*') and this is also the case in the first period of the clari- fying process, but the nearer the process approncnes to a close, the more difficult it becomes to incorporate the last delicient portions of soda with the &oap. The further assumption of aoda h now chiefly dependent u(>on the state of coni"eniration of the lye (solution of salt) in the pan; if this is too concentrated, the soap becomes too dense and dry. To establish the proper relationship between the water in the soap and that of the lye, it is necessary that the amount of salt in the boiler should not exceed a certain limit. When, therefore, the caustic soda of the lye has been incorporated with the soap, or when the lye appears no longer caustic, and produces no burning sensation on the tongue, that which is in the lower part of the pan is drawn off, and is replaced br a fresh |)or1ion, about 275 gallons — of (he same mixture of lye. The future stages of the process consist in four, five, or six repetitions of the same operation,* during which the soap ac- quires greater consistence, and the iilkalinity nt the lye is each time less easily destroyed. At length, the lye rt^tains its entire alkalinity, and the soap, now near its completion and highest consistence, begins to boil in jerks, and not smoothly and steadily as before. The frothy mass begins to form itself into granules, the soap takes the form of cord, and the clarifying process is finished. The curd, when pressed against the flat part of the hand, should form a firm, granular, Crumbly mass. The smell of oil is now no longer perceptible. Ac- cording to the nature of the oil, and the f-late of (be weather, the fire is kept np 10, 12, or IS hours after the addition of the last portton of lye, ami is then extinguished. * If \yp could bo prociiml quiiio fm tnax soiTiinon «lt. vh'xU li ntvcr the eum, dutro wMilil bo m> Titrnl or Jrau'in|[ ii tiff, nrul the bciilin^ miglit Iw complrleil widi onn ■oddinMmn qunniily of nnmmon mIi. Tho ly« »« if i# itriuslly tinpkiyMl, Itowew, jml^piilD niw lbs iDUKini of oonunon isle id an itguiioas uwdl 412 SOAP BOILING. Instead of boiling the lye and tallow, or oils, in an open vessel; which is attended with much waste, in consequence of the diflficully of combining the whole of the ingredients with each other, Davis has patented a process for performing this operation in a close boiler under pressure. The boiler is furnished with a luan-hole door A (Pig. 156), safety-valve if, and all the ordinary appendages of such an ap- rig. 166. ptntus, with a therraometer plunged in a mercury chamber C D IS the feed-pipe, £ the discharge -pipe, and Fthc pan, or frame, for the reception of the soap ; G G G shows the 6re-place and tlura for I beating the boiler. The valve is pressed until Ihe temperature in the boiler rises to 310° I',, and the boiling is complete in about an^i hour alter the heat has attained the above degree. ^^M On the other hDnd, Mr. llawes, the great gonp'roanufacturer c^^ London, has patented a process for effeciing the saponification by mechanical means, without boiling, whereby he saves fuel, aud obtains a more boncficial result than by the usual method of boiling. The process consists in melting a certain quantity of tallow, mixing with. it sufficient alkaline lye by mechanical means, so an to saturate com- I pletely the tallow. He employs about 20 gallons of a lye of 1.125 i 8p. gr., for every 100 pounds of tallow. The apparatus (Fig. 157) consists of an upright shaft .?, from which the arms a a a a radiate to the sides of the kettle B, or a cylinder may be employed with a shaft C passing through it horizontally, from which arms c c c c radiate in the same manner. .A.n oscillating, or rotary motion is communicated \o these shafts in the ordinary manner. A cylinder, 6 , ft. diameter and 12 ft. long, is ailnpled for working 2^ tons of tallow. Convenient doors, I) D, are attached for changing and emptying the , cylinder. The container is charged with the tallow first, and trie lyt SOAP BOILINO. 413 F«. 157. <^ aAcPA-anls gradually added, while the agitation is continued for about thrve bourSf and the whole is Obeo alloweil to stand for some ■iimc, raiying according Id ^he quaDlHjortaatertaU em- ployed. As the benefit of the pro- cess arises mainly from ihe sapoDificuiion of the luale- ^rials in n romparatirelj cold Bstate, the contents of the ket- "lle, or cylinder, an soon as they have thicken*?d, are re- moved into 3D ordinary boil- er, preparatory to their be- ing finished, and courerled into yellow or white soaps, as the case may be. In coDsequeoce of the iron and sulphur in the soda, and the green titnol whtcli was added, the curd has a ani- form slate-color, produced bj* the sulpburet of iron andiron soap. These substances must not, however, remain uni- l^fomily disseminated ttmiu^r-h ■the mass, but must be dlfliis- ^ed 85 Veins, in order to give the mottled appearance to ihe soap. But the proper consislence, which haa been somewhat exceeded, must tir^it be imparted to the curd, and this is dependent upon the strength of the under lye. With this object in view, tlie contents of the pan are left at rest for ^ an hour, until the uodcr-lye has collected, and this is then drawn off*. A tedious opera- tion now begins: some workmen mount upon boards laid across the pfliis,axKl work the mass about with rakes, whilst others, at measured uhtiTBls, sprinkle (he surface with weak lye. The motion of the atinvrs roust be carried on in such a manner ax to bring the lower Hft« of the curd to the top, partly, that all portions may be equally mpregoated with lye, and partly to mingle the colored parts, which have diieily coUectett at the bottom during standing, with the rest of the mass. During this 0)>eration the roundish grains open, and unite to form a uniform, coitnectt-d, tough mass. As soon as the boiler perceives that the proper consistence has been obtained, which very mnch depends u|raii the strength of the lye worked in, he has the DiHf Kooped into the moulds, where, in eight or ten days, (with the above quantity,} it cools down to mottled soap. Exposed to the air, Ihe color nf the inultling changes, becomes clearer, sti Ihat the reddish Itnl, called majiteau IsabdU, is diffused over the bluish mottled mass. 2k" > 4U OLD GERMAN PROCESS FOR CURED SOAP. A layer of lye is always found at the bottom of the mould when the soap hns cooled. These moulds consist of wooden l>ojres with movable sides, which can be wedged togelher or separalal at plea- sure. The cold soap is cut into square bare before it is sold. A cording to Potttei, 100 pnrts of otire oil proiluce on an Average 155 to 158 parts of soap. The process of cutting soap is shown in Fig. IDo* Fig. 16S. In the preparation o( white soap the same process is followed to tbd beginning, with the exception of the addition of green vitriol, which is of course omitted. Towards tbe end, however, certain deviations are necessary, with the view of separating by subsidence the iron compounds which may have been forme<l, and the impurities. This is done by soAening and liquefying the finished soap, by the addition of lye and heat to such an exlent, that the superior gravity of the iron compounds may enable Ihem to sink below ihe lighter mass of soap. After standing for a MifTirient length of time, the soap is pure^ and of the ordinary yellowish white color; the precaution is, however, taken of pouring il through sieves into the mould, to keep back an casual impurities. Ai^er the removal of the while map, there always a residue of dark colored soap left behind. This amountji to Jth of the whole mass, and it may be used for the purpose o( mottling. It is evident, that the French oil-soap belongs to that class of soaps which are always brought into the mould with a greater portion of water than is necessarily present in the curd. In mottled oil-soapf this excess of water is reduced within certain limiia, which cannot be exceeded without causing the separation of the mottling. In white oil snap, on the contrary, the quantity of water is left entirely to Ihe option of the boiler; he can incorporate as much water with tbe soap as il will bear without impairing its firmness. < Curd Soap from Tallow^ German, upon the old Plan. — The original German process, of preparing bard (soda) wap from tallow it into esting and remarkable, because, by the use of certain ingenious con trirances — derived from very ancient experience, which have been OI m M OLD GERMAN PROCESS FOR CURED SOAP. 416 I I I I coD6rnied, approved, and explained by modera theory — it enables us to obtain an exceedingly pure and perfectly bard curd sonp from a verj impure material, viz.: from crude tallow, and the lye of ashes, or frDin potash lye. An imperfect potash-soap is first prepared, which, in the subsequent boiling, is converted into soda-soap; (bis is supplied at the same time with an excess of alkali, and the neutral soda-soap produced, is then boiled down to curd. The indications of progressing saponification, through all the grades of the process, are so distinct, that nobody ever entertained a thought in the Brst instance of working witb weighed quantities. Alt that vas necessary was to add more lye or more fat, according to the appearance of a specimen, until the proper state had been attained. The ashes are treated witli lime exactly in the manner stated above, and as much tallow is a<hled as the saponifying tub is thought capable of converting into soap; the boiling is begun with lye of iO°. The melted tallow immediately forms a kind of milk with the Ive, in which the constituents, although not by any means in complete chemi- cal union, are, nevertheless, in such a state of combination, that they cannot be distinguished Irom each other. On continued boiling, this mass becomes more and more translucent, clearer, and more thickly fluid, and the fire must consequently be regulated with cure to avoid burning. When iini»hed, the result is a very uniform, slightly colored, clear transparent solution of potash-soap in the water of th(^ lye (or in weak lye, when ihe whole of the potash is not in combination), and has altogether the appearance of a thick syrup. It is obvious, that this transparency cannot be brought about, as long as there is unsaponiBed fat present; this it is which, swimming about in smalt globules, gires the mixture the appearance of milk. This turbid appearance is a sure indication that more lye is requi^te, and that the boiling must be continued, but it is always belter to dissolve a few drops of the mix- ture io pure rain-water, that no deception may occur. It is just pos- sible, thai the turbid appearance might arise from an excess of Ive, or, as it is technically termed, from the soap being overdone. The water dilutes the lye, and the real nature of Ihe soap then becomes apparent. If the lye contains free lime, the turbid appearance may arise from that cause, but it should then disappear on the addition of a Utile carbonated alkali. When, therefore, the milky nature of the solution continues atter this addition, there is certainly a want of alkali, and the boiling must be continued. The lye employed for this purpose is much weaker than that used at first. When the solution has become sufficiently clear, and flows from the spatula in a thick continuous stream, (not in drops.) which can be wound round it like treacle, and solidifies to a thick jelly when thrown upon a cold stone, the salting process begins, i. e., salt is thrown into the pan (previous solution being unnecessary,) and is allowed to boil with the solution of soap until it is dissolved, and begins to act upon it. The soap having become insoluble in the solution of salt, coagu- 416 SOAP BDiLiKG— Salting pAOCE»a. lales into a whitish mass consisting of small flocks, and on beiog removftl from the pan, allows ihc moiher liquor to run ofT from the interstices, AAer remaining at rest for some time, (be under-lje sub< sides, and can be draw*n off from the pan. If the pan has do exit lubt* anil stop-cock, as is the case in (be German soap works, the soap is scooped in ibe meantime into the conlxng cistern, and the umJf r-Iye can then be removed. The process of Kalling answers several purposes. In the first place* it effpct-s ft chemical decomposition of the soap, for potash-soap and chloride of sodium rant uallj decompose each other, and produce soda- soap and chloride of potassium. This, together with the excess of common salt, causes the separation of the soda<soap, and the forma- tion of the under-lye. In Ibis separation, the excess of lye, the foreign salts in the ash, and the impurities — chielly those produced by the action of the lye upon the meuibrauous pails of the crude tallow — are all taken up by the under-lye. The salting process is, as it -were, a means of washing the soap, and enables us to obtain it quite clean, although the crude materials used in its production w*ere not so. Attention has already been called to the fact, that asheii — in conse- quence of the foreign salts which they contain — do not afford strong lye ; indeed, the lye obtained from them is so dilute, that hardly any pan would be large enough to contain the whole quantity of fluid neccssoryto supply the amount of potash required to saponify an ordi- nary charge of fat. Another important function, therefore, devolves upon the salting process, that of separating from the soap the excess of water, which would otherwi.^c render the later additions of lye in- efficient, (as was the case in the preparation of oil-soap.) It is also worthy of notice, that many soap-boilers make the addition of salt long before the potash-soap is completely formed. Although the soap is not spoilt by this mode of proceeding, inatimucb as it must alwavs be subsequently boiled with alkali, and therefore has an opportunity of making up the deficient quantity; yet, it is not advantageous, tor this reason, that an im]verfect soap is not completely decomposed by the addition of salt, but remains viscid, and retains the under-tje in great part, which is quite opposed to the object in view. When the under-lye has subinded sufficiently, the coagulated soap is aeaiu brought into the clean p»n, and boiled with an atldttion of wealc lye. After some time, it re-dissolves completely in this weak lye, forming a solution as at first, with this difference only, that it now chiefly consists of soda soap. At the same time, more potash enters into combination, assisted by the riscid nature of the mixture, and this is promoted by an addition of lye from time to time. Lye is constanlly added in this manner, until the soap is gradually saturated with alkali. Before this point is attained, the process must be often repeated ; and, indeed, the number of repetitions must increase with the impurity of the ingredients, and the dilute nature of the lye. Formerly, when crude tallow was commonly used, five repetitions of the procesawere hardly sufficient; under other circumstances, it maybe flnished in SOAP BOILIKG— GERMAN PSOCESS. 417 it The boilings subsequent to the ^rst, are performed precisely id the siime manner, only less salt is required at each repetition, as there is naturall}- less potash-soap to be decomposed at the cod than at the beginning. When the last portion of water has been added, which may be the second or sixth portion, accordtng^ to circumstances, or when the soap has become sufficiently firm and pure, it is ihen boiled clear, i. t. boiled until it has acquired the proper proportion of waler. The same phenomena then occur as those already described, the solution of salt becomes more and more concentrated by boiling, and extracts ih* water from the soap. This first boils soniy, throws uj) froth to a con- siderable height in small bubbles, until, at length, the frothy stirfnce ibrms large brilliant bubbles, and the peculiar sound is produced under the boarded covering of the pan. Lascly, when the froth sinks down, atHi the curd itself boils in jerks, when, on appt)ing the thumb-test, a connected, flexible, shining thread is produced, which is neither brittle nor slimy, when the lye has entirely lost its burning, alkaline taste, or nearly so, the fire is then extinguished, and the soap is skimmed off frora the under-lye into the coolers." From thence the liquid mass is transferred to the mould, over the bottom of which a linen cloth is spread, that the lye may more easily drain away. To enable the curd to fonn a connected mass of soap, and promote the •eparation of the lye, it is necessary to stir the soap with an iron rod efore it completely solidifies. By performing this operation with a certain degree of regularity, the mottling, which ensues spontaneously in the German soap without any additional help, assumes the desired appearance. The moulds should be so constructed as to aiTord, at the same time, a space sutTiciently chMed from which no soap ''K- "*• can escape, and yet be easily taken to pieces, as U the case with the moulds commonly used in Ger- many, Figs. 159, 160, 161 and 162. The bottom a a, seen at full breadth in Fig. 161, and in longitudinal section in Fig. l&i^ is con- structed of two layers of planks. In (he upper one there are four grooves A A, into which the projecti<ins in the sides fit. The two narrow sides are also supported on the inside by the cross pieces c c. All the sides k In thn <itintmn (mp-wmhs, llm pan b«* wliluni Kn ex)i-fii|t« tat drawing olT iIm when itii* hiu ti> be r«iti(>v«il. iti? tc^p i( toxipMl Trom ib« p«n into ■ tmmI bf ■kle t>( ii— till? cwln — until the pan ii empii«>L Tbii cooler it pheed In raoh % manMr neat the pwi, iltU any taap wlikb mar l*»l ^^ct shall (nil iuu it, wad not u|wii 418 80AP BOiLrNG— <:erman process. Tig. lei. ^ Fig. 162. «re strengthened by the supports d d. When all the parts are pat together, the bolts e e, having screws at the other end, have only to be inserted through the ^V' iw, projecting parts of the tl •/ longer sides, and made fast by the nuts yy at the ends, to rf>rm the whole into a solid box. A cloth spread over the bottoms, prevents any soap from passing the holes g g, through which the lye drains oK The German soap- boilers also, call (he crystaline matter, which sejiaratf s in the mottling process from the amor- phous matrix, curd and jHux, terms which are often confounded with each other, the one call- ing curd what the o(h calls nux, aiKl vtce versa. The process which has here been described for preparing tallow- curd-soap, is technically called, J<n7i»i^ ybr Htm, inasmuch as the mass is always completely dissolved before the sail is added. There is one advantage in this plan, that the action of Ihc lye is rery much facilitated, but it is also attended by a great evij, t. e., the sosp easily burns, and becomes discolored by the impurities in boiling, and ac- quires also a disagreeable odor. Tliis is obviated by many soap- boilers, who introduce a little sail with the lye, "boiling /or curd" in which case the soap never forms a viscid solution, but is always somewhat separated from the lye, (which should be thoroughly caus- tic,) and consequently does not burn or mix with the impurities. AVheo the soap boils too quietly, salt is added; when it boil:; in jt'rics, an ad- tlition of weak lye is made, Ibat the proper mean may be presened between the state of solution and complete separation by an excess of salt. The unmotlled clear-white soap, which is more generally used in some parts than mottled soap, is prepared upon the same general principles ; in&lead of removing the colored portion (the flux) by sub- sidence, as in France, white soap is fabricated in Germany by pre- Tenting the separation of the colored {lortions in veins and groups by a quicK process of cooling. This then remains disseminated through- out the mass of the soap, and gives it a gray tint. All additional matter, which is used to increase arliBcially the natural mottled ap- pearance, is here, of course, omitted. L^ COCOA.NUT 0[L SOAP. 419 According to direct experiment, 100 [bs, of tallow will produce 150 To 155 lbs. of perfect curU-sonp, weighed as soon as it is cut; aitd the reason why some soap-boilers obtain more, (somctimos as much as 2U0 Iba.,) is only because they an; forced to add water in onJer to compete with »ap of an inferior qnality. Real curd-soap is now seldom to be met witli, and what is sold as such* is always more or less mixed with water. At present, the use of crude tallow ts aban- doned, as a useless retardation of the boiling process, and rendered, or purified tallow only is used. The membranous portions, which are converted into glue daring boiling, are decomposed by « portion of potash, and this portion is saved by the present plan. In the best manufactories, the nauseous odor is unknown which before infested the hoiling-house and its vici- nity, and was derived from the impurities of the tallow. Since the want of wood has become more perceptible, and pure wood ashes con- sequently more scarce, and since the manufacture of soda from com- mon salt has been so extensively carried on, and the foreign fats, palm and cocoa-nut cmI, have been introduced at prices often below that of tallow, the original plan of preparing snap from tallow and the lye of ashes has fallen into disuse, and threatens to become entirely forgotten. It will easily be understood, that it is a much safer process, and more rapidly completed, when the tallow is boiled with a lye prepared from potash, because there is then no necessity for making so weak a lye, and we are able to ascertain accurately the amount of alkali present, which, in the case of ashes, it is difficult to do, in conse- quence of the lai^e amount of foreign salts. Notwithstanding the price of pure potash is too high to admit of its being used alone, yet the addition of potash to a lye prepared from ash enables the soap- boiler to work larger quantities of tallow at a lime. The boiling is conducted precisely in the same manner as was the case with lye from ashes, only that it is unnecessary to add so many consecutive portions of salt. The boiling is condocted with still greater ease and rapidity when cowrie iye /rom soda-ask is employed ; from 8 to 10 cwls. of tallow can easily he converted by its means into soap upon the same water. Less common salt is likewise necessar}' in this case, partly because calcined soda genemlly contains some of this salt, and partly because the portion previously required for the decomposition of the potash- soap is now no longer needful. Another saving, not altogether incon- aiderable, is effected in consequence of the equivalent of soda being smaller than that of potash, 2 parts of hydrate of soda combining with the same amount of fatly acid as 3 parts of hydrate of potash. All soap prepared directly from soda lye (but not all that contains aoda) ts called in Germany soda-soap. The celebrated white or ^ Windsor soap of England belongs to this class, and is not unfrequentlj H made from soda obtained from the ashes of marine plants. H Cocoa-Tittf Oil Soap, — The consumption of cocoa-nut ml has in- H creased enormously since its Rrst introduction into Germany in the I * 420 COCOA-NCT OIL «OAP. year 1829 or 1830. Differing in origin and constitution from the otber oils and frora lallow, its reaction with saponifying agents is also quite peculiar. It has been found by experience, that the soap pre- par«! from this oil can only be separated from solution by very strong solutions of common salt. Weaker brine acts very imperfectly upon it, in fact, the soap is soluble in dilute brine.* As this kind of soap can only be obtained by the use of a very large quantity of commoii' salt, and then contains so very little water, or is so exceedingly hard! that it cannot be cut with a knife, this mode of proceeding cannot be had recourse to upon a large scale. For the same reasons, a clarify- ing process or boiling down to curd would be equally objectionabie, and very difficult. vVhilst tallow, for instance, when treated with very strong lye, comes to the surface and is but slightly acted upon, ex- actly the opposite occurs with cocoa-nut oil. It does not form that kind of milky mixture which generally indicates the commencement of sapo- niBcation, but swims as a clear fat upon the surface; when, by coo- tinued boiling, the lye has attained a certain degree of concent ratioo, saponification suddenly begins, and proceeds with extraordinary ra- pidity. For this reason the soap-boilers only employ the strongest soda lye, of at least 20^, ackd are able to dispense with the use of salt in purifying the soap, by employing pure and perfectly caustic lye, ana avoiding any excess as much as possible. Pure cocoa-nut oil soap hardens much too quickly to exhibit any distinct formation of cunl, and is consequently incapable of marbling of itself; it ts very white, translucent like alabaster, exceedingly light, and forms a good lather, but always possesses a disagreeable savor. No means nave as yet been made known to remove this smell, although, it appears, that several manufacturers are possessed of the secret. An import- ant property of cocoa-nut oil soap, is its power of combining with more water than can ever be communicated to tallow soap, and this properly of the soap frequently gives rise to, or encourages dishonest tramc. Cocoa-nut oil actually produces no greater quantity of soap than an equal weight of tallow ; but the soap from the former can easily be made to absorb |rd more water or lye. Ordinary soap treated in the same manner, or containing the same quantity of water, would be so sofl, that it would yield easily to the pressure of the thumb; whilst cocoa-nut oil soap, on the contrary, neither exhibits any want of consistence or softness, nor does its appearance in any way indicate the fraudulent practice which hau been adopted in, its manufacture. It has been observed by sDap-botlers, and the remarkable fact is by no means satisfactorily explained, that cocoa-nut oil is saponi6ed with so much the more difficulty the more rancid it has become. In general, cocoa-nut oil is not saponified alone, but is emplored*! as an addition (to tallow, &c.) for the purpose of producing quickly [ solidifying soaps containing a large proportion of water, which coold * It b tiifllilj pn>bit>l« thai ronrinv tMp it prepwvd from tbu bL Ii ti a kind of •oap 10 be lued in wuhing vriih ma wnter, wbicti wtJI not duaolve ordiflaQr to&i'. PALM OIL BOAP— BOSIN SOAP. 431 not be obtttincd from tallow alone. It is even possible to prepare soap on a large scale in a few hours, without salt and almost without fire, by the use of cocoa-nut nil and tallow, which nre merely wanned together with strong Ire sufllirirntly to melt the fat, and kept in a constant slate of agitation. Soap prepared in this manner has a fair appearance, and sets in the mould, so that it can be cut ; it contains, howerer, nearly all the water of the lye (there being hardly any evaporation in (he pan) with Ihe entire amount of foreign salts, and in tb« fresh state has less resemblance to soap than to stifT dough, xrhich takes deep impressions of the thumb, and when squeezed be- tween the fingers has a slimy consistence. When dried for a length of lime, during which there is a copious pfflori?scence of foreign salts, it acquires at last the consistence of ordinary soap. The less cocoa-nut oil is used in the manufacture of soap, the more imperceptihle its smell becomes in tbe lather, but the boiling of the dwap soaps, which harden quickly, and which combine an excessive amount of water with the appearance of ordinary tallow soap, is ex- ceedingly difficult. When equal parts of cocoa-nut oil and tallow are used, the soap has the smell of common tallow soap. The boiling is continued until a specimen exhibits the proper consistence under the thumb. It would be impossible to saponify tallow under the same conditions, but the saponification begins with the cocoa-nut oil, which induces the action, and the saponificalion of the tallow is then pffecled by means of the presence of tbip cocoa-nut soap. The dilTerent kinds of cocoa-nut soap, which all belong to that class of soaps that contain a considerable quantity of water, are mar- bled artificially. Marbling or mottling of this kind is not dependent upon the production of Curd and #Yux, but is simply a mechanical enect carried out in the following manner. The blue or red color (bolus, &c.) is rubbed up with a residue of the soap, or better, with a senanitc portion of good cocoa-nut soap, until the whole acquires a uniform red or blue color. This is now scooped into the form in alternate layers with Ihe colorless soap, and by stirring the mass to- gether, streaks and veins are produced in all directions. It isevident, that this kind of mottling has nothing whatever to do with the natural mottling that occurs in the other kinds of soap. Paim oil .S'oi^.^This soap is boiled almost precisely in the same manner with caustic soda as tallow soap. It has an agreeable but powerful smell, and a yellow color when the oil was used in an un- bleached state, but is white, with a very slight odor, when the oil has been bleached. Palm oil is most frequently used as an addition Id the following kind of soap. Rosin Soap. — Colophony combines at the boiling temperature, when il is perfectly fluid, much more rapidly and with greater ease with the alkalies than (he fats themselves. This kind of combination, which can scarcely he called saponification, ensues equally welt with car- bonated as with caustic alkali, and no particular precautions are ne- cessary in conducting the process. The soap separates on the surface when an excess of carbonate is used, or in tae presence of common 2l 422 SOFT SOAP. salt, as a thick slimy brown mass, smelling strongly of rosin, and containinf; 15.8 per cent of dry soda. The amount of water in this soap, although not exceeding 27 — 30 per cent, is, nevertheless, suflS- cient to communicate to the soap a smeary, viscid consistence, which is not altered by long exposure to the atr. The attraction of the soap for water is so great, that it not only does not lose its water, but be- comes liquid on exposure alter having previously been dried artificially. A portion of the rosin, however, appears to remain dissolved in a modified state in the under-]ye, judging from the deep brown color of the latter. Although rosin soap by itself is thus un6tted for use, an excellent and perfectly firm product is obtained by its combination in certain proportions with tallow and palm oil soap. The amount of rosin in this mixture should not exceed ^d of the fat; if equal parts are used, the properties of the rosin soap become too prominent, and a snl^ biid map results. The best plan of preparing this soap, is to saponify the rosin and tallow separately, and to mix the two soaps in the boiler, where they are retained in a state of ebullilioD fur some lime until a uniform mixlure has been etTecle<l; salt is then added, and the soap brought into the moulds. It is not advisable to mix the separate soaps in the moulds, which is a plan sometimes adopted. In England nnd America, where rosin soap was first manufactured, it is usual to add the rosin in the form of coarse powder, with the last quantity of lye to the fatty (palm oil) soap; consequently, before the boiling is finished: and to boil the mixture with the necessanr addition of lye for completing the formation of the resinous conipounu. This point is attained when a cooled specimen presents the proper consistence, and leaves no film of rosin when used for washing the hands. The boiling finishes with the addition of some weak lye to the soap which has already separated from the under-lye ; this addition is made in order to facilitate the deposition of the impurities with which commercial colophony is always mixed; the soap is then care- fully fdled into the moulds. Rositi suap has a brownish color, which passes into that of yellow wax (yellow soap) when palm oil is used, ftnd this of course requires no previous mcaching. It is very firm, somewhat rough Co the touch, and veiy translucent ; it produces aa excellent lather, but always retains the smell of rosin. The low price of rosin renders this soap cheap, and for common washing pur- poses, where the smell is not an objection to it, it is a highly useful product.* Soft Soap. — The substance commonly called so(t soap is a more or less impure solution of potash oil soap in caustic lye, and not an actual soap; it forms at ordinary temperatures a transparent smeary jelly. If ail attempt were made to separate Ibis soap from the lye by means of salt, the potash soap would be converted into hard soda soHp by the chloride of sodium, and the object in view thus frustrated. Uecounte cannot consequently be had to a method of purification of this kind, * InpiBHd of laslii, nw lurpeudne, when aulficieniiy shMp, is nid ID tie nntetimM a*c<\, with ihe lulvmiiUge of yielding a soAp oT Ughlei linl, but otherwiseof 'nry •utiibu clisiacwn to mnty nwin laapt.— Am. Kb. sorr SOAP. 4SB and to render nil purification less necessary, pure potash lye is em- ployed instead of the crude lye from aiJies ; this is kept ready, of dif- ferent strengths in separate cisterns. The weaker lye must be per- fectly caustic, hut this is neither necessary nor desirable in the stronger lye, vhicb is prepared in the cold. Soap-boilers hare found t>y experience, that the boitinf; is easier when these lyes are slightly carbonated. Amongst the oils employed are hemp, linseed, camelioR oil, and poppy oil, which belong to the class of drying oils, and do not become solid at 0" (32° F.); also the different varieties of rape- ceed and train oils, which do not dry up, and become partially solid at 0*^ (32° F.). The former produce a softer kind of soap; the Inlter soap of finner con.sistcnce ; it is hence usual lo mix the oils in difTerent proportions, according to the season of the year, choosing the drying oils in the winter, and the others for the summer, when the market price admits of this selection being made. In boiling soft soap, the weaker lyes from 9° to 11° aire first used, and a moderate heat is applied and kept up until complete combina- tion is effected, t. e,, until a thick sticky duid falls in streaks from the stirrers; this ought to possess a shining appearance, and althoueb it may be somewhat turbid, should not resemble soap separated by means of salt. As soon as it clearly evinces these properties, the clarification com- mences vith the gradual addition of the stronger lye. This is kept up at e<}ual interrals, until the soap passes from the state of a turbid imperfect mixture to that of a clear transparent slime. \M»en this state of things is too tardy in makiDg its appearance, in consequence of too great dilution, the operation is assisted by an addition of rery strong Eye. The clarification completes the chemical combination of the constituents, which is indicated by a peculiar test ; but the soap still requires the proper proportion of water to render it saleable. The tests employed for ascertaining lhe«e points are very empirical in iheir naturu, but, nevertheless, Ihey are distinctly marked, and of quite a peculiar character. The soap-boiler is enabled to ascertain, by ihc presence and extent of turbidity in a cooled drop, whether chemical combination has been efiected, or what is the cause of failure. When a specimen free from scum is taken with a spoon from the middle of the soap-pan, and a drop of the size of a sixpenny-piece is allowed to fall and cool upon a piece of clean colorless glass, several cases may occur; the drop either remains perfectly clear, in which case the soap has attained the proper state of mixture ; or it exhibits on the margin only a gray rim, which indicates a want of lye, aikd this in prqiortioa to the breadth of the rim. If this deficiency is veiy great, the rim is not only exceedingly broad, but the specimen iisen is tliiid an<l slimy. The opposite must, of course, occur when the proper quantity of lye has been exceeded, and the soap is overdone. This is eaaly recog- mzed by the consistence, and by a gray skin, which spreads itself oter the whole drop instead of forming a ring or rim only. The soap is then granular without lustre, andis easdy detarhod in the wet state from tile glass, (it is technically said lo be vitreous'?) It is advisable 4U SOFT SOAP— LAMTNATIOIV. to follow the process closely, bj constantly Irving specimens from the period when the soap be^ns In boil dearly until the end of the pro- cess. The Idniinalion is the removal of the excess of water by eva- poration, for in this process, as tins been stated already, the use of salt for Ibat purpose is inadmissible. The soap is kept in a frothy state by increasiDg the Bre, and the evaporation of the vapor is acce- lerated by beating the froth constantly with the stirrers; a meanR of causing a rapid exchange of ibe humid air over the surface of the pan, for dry air from vviUiout, is seldom found in use in Ihe boilio^- houses, although some plan for thai purpose might easily be devised, and would elTect a considerable saving of fuel. The soap becomes naturally thicker as evajHiration proceeds, its color becomes darker, and less froth is produced. At last the froth is ifo much diminished, that the soap sinks, and the bubbles are so far larger, that tJiey resemble Blms or lameilii!, which overlap and cover eacli other upou tlie surface. This is what the soap-boilers term the laminaiian ; aad the noise occasioned by the process gives rise to the saying, " the soap talks." The soap is now really finished, but an- other specimen or test is taken before it is scooped out into the moulds. When this no longer shows any opaque zone, after having corded for some lime, or only in a very slight degree, it may then be safely con- cluded, that the proportions in the pan have been properly attained. A certain amount of experience is necessary, tn order to iorm a cor- rect judgment from these indications, for, when the specimen is left too long exposed to the air, the aclion of the moisture upon the small quantity of soap in the test, brings about changes in its appearance, which interfere with the discrimiaaliug characters stated above. Thus, for instance, the opaque zone or rim spreads gradually over the whole surface of the specimen, until at length it entirely disappears. The mass, when completely cold, must never be iluid, but always of a thick consistence. As soon as the tests prove satisfactory, the fire is extinguished, the soap is left for some time longer in the pan to cool, and is then packed in small casks for sale. Soft soap, intended for winter use, which is then liable to become thick or lumpy, should be clarilied with sirooger lye, or with such aa contains a portion of carbonate of potash. In Russia, soft soap is prepared from be^noing to end, according to Kurrer, with one and the same species nflye, containing Jib caustic, and ^tli carbouule of potash. The half of this lye, which is brought up to 10° n., is added to the liiij^eed, rape, or hemp-seed oil in the boiler. The other half is placed in a cistern by the side of the Ixuler, and is allowed to Oow uninterruptedly from a cock in such a veiythin stream throughout the process into the boiler, that the soap is kept constantly in a state of ebullition. When the soap flows from the stirrer as a dear slime, and can be drawn out in threads between the lingers, having thus attained a certain consistence, the process isrxtn- sidered finished. This mode of procedure, which is very uncertain. SOFT SOAP. m\ uid never aflbrds a very uniform product, can only be recommended in roumries lilce Russia, where there is a fijeat want of able bands. £>ume liiuds of oil, fur instatictf, bemp-seed oil, naturally commu' nicate a green color 10 the soap, which is much prized, und has, coo- sequ^Dtly, become a necessarj- property of soft soap. Other varieties of soap, therefore, which have a yellow color, are rendered green by the addition of a tittle indigo. Indigo, however, is not soluble either in soap or in caustic lye, it is therefore necessary to pulverize it very finely, and even then it is difficult to diffuse it uniformly through the mass of soap, nor is it easy to moisten the powdered indigo, and it eadty subsides to the bottom of the vessels. The usual mode of ap- plying it, consists in boiling the 6nely powdered indigo with a little water for some time, until it is uniformly moistened, and then adding it to (he soap ; or in precipitating a solution of indigo in oil of vitriol with lime, and using the precipitate as the coloring matter. Soft soap is often colored black by the addition of inky iluius, which are pre- pared by making an infusion of gall nuts, and mixing with it a solu- tion of green vitriol. A so-called corn or grain is sometimes produced in soft soap by the addition of tallow. The soap then retains its ordin.-iry character, but fine granular particles of a crystaline structure are observed in it, con.si.siing probably of salts of stearic and margaric acids. The form- ation of this grain requires a certain degree of heat, and can only be effected in the colder seawns of the year, at temperatures between 9° »nd 15"^ (48° and 59° F.); it is practised merely (mm habit, and no useful object is gained by It. Attempts have been made I0 imitate tliis useless appearance, in a manner calculated lo injure the quality of the soap. Thus, for instance, slaked lime has been used with the production of a lime soap, and even starch has someUmes been mixed up with the soap. All kinds of soft soap exhibit a strong alkaline reaction, and are charactertxed by a penetrating disagreeable odor, which, however, does not necessarily resemble that of the fats employed. The smell is most perceptible in soaps prepared from train oil, and is due to the presence of delphinate* and phocenate of potash, produced by saponi- fication, as has been explained at page 117. Soft soap is used to some extent for washing coarse linen, but it is of far greater importance as an indispensable and powerful detergent in the linen bleaching works. The important distinction between soft soap and the ordinary soaps is Tery marked, the letter being easily and completely separated by means of salt from all the impurities and tlie excess of lye, which ne- cessarily remain attached to the former. Soft soap is consequently contaminated with all these substances, when they are not removed in the beginning by the care of the boiler ; nor is there any guarantee, as is the case in curd soap, that a certain amount of water is not ex- * Tlieae two ooils, (h« [>liuc«uic uul ilctpLunic, bttre heea found idmbcal witb Tkle- liuua Bciil by Dunuu. 436 BO!«B BOAp. ceeded, and indeed tliis sort of soap is more hygroscopic, or is more iiubjuct to change with the amount of moisture in the atmosphere.. Soft soap never dries completely to a solid mass, even after long ex- posure to the air. The conli-st which streightrorwanl bonfst industry baa constanlty to maintain against the specious inventions which, sometimes as the result of ignorance, and at others of fraudulent intention, constantly depress its exertions, has given rise, with reference to the soap manu- facture, to several new products, which must here be noticed, not so much as examples of useful progress, as instances of ihe errors to which this important branch of manufacture is liable. Bone Soap. — Amongst these must be classed the so-called lumt soap, which is nothing more than ordinary soap from tallow, resin or palm oil mixed with animal gelatine or bones disintegrated, dis- solved, or partially decompased by potash. Two methods have been published for the preparation of bone soap, (which contains on an average 56 to 60 per cent, earthy matter, and 40 to 44 per cent, ani- mal niHtter]. By the one iiirrihoct, boni'S are trvnled with concentrated hydrochloric acid, which dissolves the phosphate and carbonate of lime, leaving the animal gelatine as a translucent mass in the form of the original bone. This is freed from all adhering acid by repeated w*asbing with water, and is then added during saponification to one of the fats named above. The other method is more generally prac- tised, and affords a substance of much less value than the former kind of soap. Ilis now extensively sold under the name o[ Liverpool poor nuin'i soap. The whole mass of bone is disseminated through- out soap of this hind, and not (he gelatine only, as M-as the case la Ihe variifly above. The previously broken bones are sonened by im- mersion in strong potash lye in an iron vessel. The action is here precisely the converse of that in the former case. The lye dissolves rhe gelatine, leaving the earthy particles as a powder behind, so that at the expiration of from fourteen days to three weeks, and in warm weather in still less time, the bones become quite soft andpulverable. 'Ilie finely powdered mixture is allowed to boil for an hour in the pant and the fat, for instance, cocoa-nut oil, is then added just lo the same manner as if ordinary lye had been used. During boiling, the gela- tine partly dissolves as glue, and is partly decomposed with the cto- lutiou of ammouia. This decomposition is a matter of perfect indif- ference in the preparation of this soap, as the only object of manufac- ture is to mix as much of a cheap substitute, such as bones or glue, (no matter how much decomposed,) with the real soap, as will luA prevent it from becoming solid, or from frothing when used. , Bone soap of this kina has none of the appearance of curd, and. exhibits a dark-brown color on the cut surfare, but is not translucent like rosin soap. It possesses a very disagreeable penetrating odwr of glue, dissolves easily in hot water (with the exception of the earthy particles), and forms a good lather. When a solution of the soap, bowerer, is treated with a suiHcient quantity of common salt, only the fatty soap separates with its ordinary color, whilst (he glue remains in « H SARD SOAP. 42? * * the dark brown under-l>'e» partly in b state of solution, and partly as a flocculent precipitate. Il appears, therefore, that soap of thisuind cannot be prepared by salting, and the reason is obvious why it is 0iost readily produced from cocoa-nut oil. The English patentees are iu the babtt of crushing and softeDing the hones in the lye^ by the aid of friction-rollers. Similar palenls have been obtained, for the so-called saponification of the inlcKlincs of animals, and refuse of a like character, for in- stance, skins, idncws, hoofs, &c. Cheap fish of various kinds have aiso been recommended as material for the manufacture of similar kinds of soap; and with these the natuml amount of fat of course adds to the quality of the soap. These varieties of soap, howerer, have been known for a much longer period than the patents which have recently brought Uieni again into notice ; for Hermbstadt meo- tions a soap made with fish, and a similar one from refuse wool- Later processes for employing naphtha, hair, Hsh, and dextrine, have been patented in England by Caldecott^ Chauvier, Poole, and Sd«U. Another class of these inventions, are the soaps which contain ad- mixtures of certain detergent mineral substances, as, for instance, silica, alumina, or fuller^ s-earth, &c. The solidity or firmness of the soap is not diminished by the addition of substances of tliis nature, which exert, however, a purely mechanical action, and are contained in DO kind of chemical combination. The value or price of the soap is very much lowered, as a great portion of the real soap is replaced by a substance of similar but less efbcacious action, the price of which bears no comparison with that of the fats. Two products of this kind, koown in commerce by the appellations snnd-soap and savon-ponct (pumice-soap), the former of English, the latter of French origin, have been examined by Karmarsh. Sand-soap, when treated with alco- hol, lefl 74.4 percent, of sand, similar ingrain to that used for cover- ing floors. Three kinds of s&von-ponce, treated in the same manner, left respectively, 19.7, 22.9, and 26.2 per cent, of a white, or reddish- white angular powder, which consisted either of ground pumice-stooe, or perhaps of ground quart/ or flint. The mode of incorporating silica with soap, practised by Sheridan, and at a later period by Dunn, is somewhat different. A solution of silica (a kind of soluble glass) is obtained by boiling ordinary flints — which are first reduced to powder by being heated to redne&s, and then thrown into water, and afterwards ground — with a lye of caustic potash or soda. This mass is then disseminated, by mechanical stirring, throughout soap previously prepared in the ordinary manner, ami brought into the proper slate for solidifying; the whole mixture is then placed in the moulds. It must not be forgotten in practising this method, that powdered quart:^ is only dissolved with the greatest difficulty, and ver)' slowly, in a boiling solution of potash, and that a red-beat is the proper temperature at which the combination of silica with potash is efiected. An exception to this rule has been pointed out by Fuchs, who finds that the amorphous varieties of quartz, for 438 CBLOKIN& SOAP— TOILET SOAP. example* powdered opal, dissolves easUji' in solulioos of caustic alkali. Neglect of these facts, ini'okes the production of soap contaioing M.i large quantity of water, instead of silicioiis soap ; for ibe fluid Ibusj obtained holds but little silica in solution, ami consists for the greatm pail of caustic lye. Girardin has examined a soap of this sort, wbicJi | IS called silica-soap. It contained resin and palm oil, saponific ~ with soda, and was easily dissolved by vatcr with the production of a copious lather ; a deposit of siliciuus matter subsided, however^ from the solution, the ash of which, w)i(;it treated with muriatic acid, left^ 19 per cent, of residue. That the silica may be thoroughly incorpo- rated with the soap in a state of solution, it is necessary to prepare the silicious Suid, or soluble glass, in the ordinary' manner (as will be described under Glass). In Sheridan's soap, the insoluble and solu- ble portions are mixed with the soap in equal quantities, so that the greater part is evidently only in a state of mechanical admixture. With the same object in view, and in a much more appropriate manner, [lowdered soap-stone and porcelain earth tire used by Howitt, and Davis proposes that pipe-clay, or, still belter, fullers '-earth should be mixed with the soap. If the assertion prove true, that these soaps can be used at sea with salt-water, the invention will be truly valuable. Chlorine- soap. — Lastly, a product of English manufacture called dilorirte-soap, deserves notice, which has also been introduced into France under the name of ^(i»on chlorure. This substance is inteitded to realize the idea of the union of the cleansing properties of soap with the bleaching effects of certain compounds of chlorine. The I method of preparing it proposed by the inventor is, however, so much at variance with all the laws of chemical combination, that the pro- duct must necessarily be anjihing but that desired. It is proposed to saponify the oils, or fats, with chloride of lime, or with the corres- ponding potash, or soda compound {iye of Javelte); or the ready-pre- pared soap may be softened by immersion in a solution of that nature. With reference (o chloride of lime, it is obvious that the greater part of the valuable alkaline soap will be converted by its agency, into a useless lime-soap. With regard to the other bleaching compounds, soap may possibly be obtained which is mixed with a greater or lesa proportion of the bleaching salt, hut this cannot certainly exert any appreciable amount of action, when the soap is used for washing. An attempt has also been made to saturat<> the fats themselves wtu chlorine before saponification, but it is welt known that these bodies are decomposed by the continued action of chlorine with the forma- tion of hydrochloric acid, and if the action of chlorine is modifiedf the oils wdl be bleached ; bttt soap ran never absorb such an amount of chlorine as will communicate bleaching properties to it. in lehortt these chlorine soaps are nothing more than foolish novelties. Toilet Suap. — Toilet soap is essentially ordinary soap mixed with difTerent aromatic oils, and diversified, as to form, to suit the fashion of the day. The fundamental material used in this branch of industry, in which the French so very much excel alt other nations, ts either one of the varieties of soap already mentioned, or a soap prepared TRAN&PARENT SOAP— LIGHT SOAP. 429 I ■ I I Specially for this purpose, in a manner far too costly for any other. The following kinds are usually employed : oHve oil soap, tallow soap, palm oil soap, antl soap prepared from lard and almond oil. The sa- ponification of lard, which yields a very white soap, is not effected by boilinjr, but by agitation of the materials; the lye possessing a density of 36 B., a temperature of 65° (149^ F.) being employed without any salt. Transparent Saap. — It has been slated on a fortnpr occasion, that snap is more perfectly and readily soluble in alcohol ibnn in water. A cDQcentrated solution of soap in water becomes partially opaque on cooling, by the formation of crystals; Ibis, however, is not the case with a similarly concentrated alcoholic snliilion. This fact is applied to the manufacture of transpitrent soaps, the preparation of which was formerly kept a profound secret. In preparing soapofthisdescription, ordinary soap is thoroughly dried in a stove, and dissolved in hot al- cohol. AH foreign matters not consisting of soap will remain undis- solred, and must be removed in this case, with so much the more care, because they cannot remain concealed by an opaque mass, as in oniinary soap. They are removed by deposillon, or by a fdler supported by a funnel, surrounded on the ouiside with hot water. The alcohol is then separated from the solution by distillation, uulil the residue is capable of forming a solid mass, when cooled in ihe metallic moulds. Transparent soap of this kind is generally too bard, and affords a lather with great dimcutly. Light Soap. — Soap bearing this name, is merely ordinary toilet soap in a dilTereiil fnriu, and any of the kinds meiitionetl above, wilb Ihe exception of that from bog's-lard, can he used in its preparation. It is obtained by threshing or agitating a solution of soap, to which | or 1 of water has been added vvitli a roiiser, or paddle-wheel, until the lather which is thu^i produced, has risen to twice the height of the soap solution, and this is then transferred to the moulds. It is a remarkable fact, which is rendered obvious by a mere glance at the novel processes introihiced into the soap manufacliire, that these must be regarded as speculations (often not very profitable) with the mixture of ingredients in the soap, and not as real steps in advance or improvements in the operation of boiling; nevertheless, it is highly probable that this operation in particular, is capable of much simplification and improvement. The improvements here ad- verted to, may be of two kinds: tliey may either be of a chemical nature, for instance, the use of very concentrated lye, or they may be founded upon physical principles ; and with reference to this latter point, experiments upon a large scale have been instituted in England, which are worthy of the greatest aiteniion.* Indeed, it is very pro- bable that saponification might be effected very much more rapidly at a temperature considerably above the boiling-point of ordinary lyes, without actually attaining that point at which the fatly acids or • OimfWHT pngp i 13, [In tehiion tii i)i(- miimn »iibji~ct» lirr*" tr«'ii(r"), Tprcr«iB« tnay i» iriailv Ui n twctil j'lililkvili'iri, piitiiliril "CliDiniblrj itt<|ilii.il I'l lliu miiriiirauliireuf l^p and CuiiilM," by Cvnpbell JUorlltL PhU&<le!j>liiii. Cnrey k UvL 1847. J-Am. Ea. 430 VALUE OF 8QAP. the soaps are decomposed. These conditions might be easily com- plied with in au ordinary steam-boiler, admitting of the application of nigh pressure j but then every soap-boiler by profesaon would doubt- less raise as an objection to such a proposal, the impossibility of observinj' the soap during the boiling process. Nevertheless, experi- menls of this kind, acrording to Schnnbt'in, hare not only been crowned with success io Englar^d, the centre of all operations with steam, but the exclusive use of them has been secured by palentf and large manufactories have been erected for carrying them out upon an extensive scale. By boiling in this manner, under high -pressure, the time required, which upon the old plan was several days, is re- duced to two or three hours. In what manner the patentees have been able to dispense with the close observation and frequent process of testing, so indispensable under ordinary circumstances, and how the proper amount of water is iucorporated with the soap, has not been maue public up fo the prisent time, (compare p. 412.) With reference to the former point, viz., the use of very strong lye, in which case the production of snap is more a melting tc^therof the materials, ihan a boiling process for combining fatty matters with tbfi^^ lye, the experiments, if such have been made, are not generally^H known, unless the soaps prepared from cocoa-nut oil can rank with this class of products, which are produced by digesting the oil with strong lye at a high temperature, and aflbrd a product of no great value. Value of Soap. — There are few things which are so ill understood in practical life as Ihe real value, or what is the same thing, the prop price of soap. The value of soap is mainly dependent upon thft, amount of dr}' soap, (the dry combination of alkali with the fatty acid which it contains, and this is very easily ascertained. To estabtis this point, a weighed specimen in the form of thin shavings is exposed to the heat of a drying stove, until its weight is no longer diminished. The loss of weight is hygroscopic water, and what remains isdry soap. The latter in\-ariably retains the water that is in chemical combina- tion, or water of hydration, but this quantity is so small in pro|>ortioa to the equivalent o( the soap compound, that it is practically of no moment.* Greater sources of deception are naturally traceable to an excess of alkali, salt, &c., which are peculiar to soap not in the form of curd, and particularly to such as contains much water, or has been prepared without boiling. These admixtures are indicated by the general ap- pearance of the soap, but can only be accurately estimated by a care- ful chemical analysis. Indeed, a ready test, which should indicate with sufficient accuracy the amount of the soda or potash compounds with the fatty acids contained iu (lie .soap, and which could be exe- cuted without requiring much manual dexterity, is very much needed. The real analysis of soap is, however, an easyproce«f. The amount * It is. pp>h'ip«,nnt*tiprrfltiDu*tr>r«tnMric,lhiil Hw fMp-ho(kr« Hro in ilia Igabii of hf»i neoii-lyouiiwtWiiijj i!ir wh'iln of tlio WBtLT iMainod atUst cooling by curd B(mi>, pfojictlp' prqiared,u vrater ol faydmiiOD. ^^m ANALYSIS OP 431 ^H of water ia ascertained bj drying ; that of the fatty acids by separating ^H them with the aid of fnilphuric or hydrochloric acid, washing, melt- ^^M iugt and weigbing; and lastly the alkali is estimated by incineration. ^^M This is the main principle of the process which led to the following ^^M analytical results. The great discrepancies in the value of dtiTereat ^H kinds of soap are clearly pointed out in the following table; vet tt ^H muRt be noticed, that the portion of alkali in combination wiin the ^^M fatty acids was not separate<I in the analyses from tliat portion coa- ^^^H tained in a free state, for instance, a£ lye. ^^^^M t_ i ^ 1 4 i Kamc ^^^^^1 ^^^^B Kiud of Map. a 1 1 , § ^^^^1 B^ ^ 1 1- E 6 SDalyit, ^^^^^1 KcMlil« K»p. li-.p. =1.0705 7«.5 0 14.5 ui«. _^H ^bftlo "p- P- =0.9609 75.2 — 10.5 14.3 ^^^^^^^H ^Bhbs whiiB uiUet 90*p . 75 ^ 9 11 ^^^^^^H Dnhaanr wim» wMp iitm On- ^^^^^1 p>w .... 60.0 -.— 6.4 33.6 ^^^^^H Moatod mOow ki^ of good qua- ^^^^^1 lit^ ptf|)fd hr an abta imp- ^^H boiUt fran poMuho*, kAct ^^^^H hiring baea k«pt Ibr asTeral ^^^^^1 ytmn .... 81.93 1.77 8.^ 8.43 Hmhb. ^^^H Brown tMin (nap from Gla.-^w 70,0 6A 33.5 Cr*. ^^B LoadoD cocos-Dut »o«p* 33.0 — 4,S 73JI ^^^^^^H Hud poppy-oil Map 76 _ 7 17 ^^^^^1 Fnodi icmp mem m lablablaxc 90.3 _ 4,« 43:3 lltjaajd. ^^^1 Mitnrillm nap — forvn MorW . U — 6 30 ^^^^^^^H I>JtM .... 60 — S 34 ^^^^H Wtkjtv ItdineiUa* to«p . <t&4 ^ 10.34 3IJQ Bracofunot. ^^^^^H Wluta nltow KMp, Lripzii^ pr»- ^^^^1 pued hjr a oompanjr . 76.3 8.8 14.7 AboodrMb. ^^^^| Dittn, Lei|tti|^ pnriJ«f[«d masu* ^^^^^1 factory 90 3.4 30.8 ^^^^^H Mubled Map ftom the «me nia> ^^^^^1 ■uifactonr ■15 9.8 88 ^^^^^^1 44 7 — 38 1 ^^^^^1 Boft Miap 44.0 9.5 ^ 4QJi th^mia. ^^H Laodoa aoft MMp 45.0 8.5 ^ 46.5 Di«. ^^H Botcnui tod, at grevn *aap 3« 7 — 57 ^^^H EoOlfh toft KMp . 47 B ^ 45 ^^^H Another kitul uf Kami tgtBen nap M » ^ 57 ^^^^^^^1 Scotcb, wrt np»«i] foap 51.64 10 — 3SJ3 ^^^^^^H Saotch, loA aliv«-oil Miap 43 to _ 43 ^^^^^^H 8uni4ttid aCMp Gjt rallinK R3 11.5 ^ 36JI . Vmrion. ^^^^^| Ordiaaiir nft fuap, Iti Mmple . 44 9.S 46.5 ChemaL ^^^^| Dina '^d ■> 42.8 9.1 _ 4S ^^^^^^1 1 Diito 3d " 39.2 8.3 — tA ^^^^^^^H H Dumas recommends the following plan for the analpis of soap. ^^| ^ The water is first determined in the manner stated above: a portion ^^| ■ should then be treated with alcohol, when, if pure, white soap should ^H ^B * Thi» toap, oonsitling of neorljr } traler, wu loleniblj' hafd, be t iliagolTM very Mail/ ^^H ^■In tmlinf wuer. li !■ called fnanitr toap, and fa nid co be applioabk lo waahing with ^^1 ^KflKwaur. ^^H 43-2 COMPOSITION OF SOAP. leave a very small quantity, and mottled soap not more than 1 per cent, of insoluble matter. If more insoluble matter i^ obtained, silicsi alumina, gelatine, &c., must be looked for. The amount of alkali iei determined by the alkalimeler with sulphuric acid, from a solution of (be soap in boiline water, and the fatty matters by adding a weighed portion of pure white wax to the boiling liquid, ailer the completion of the alkalimetricnl test. The wax then corabines with the fats, and its increase of weight on cooling, indicates tlie quantity present in the soap. The solution of the sulphates may then be tested for pott ami soda by crystal ization, or bj' chloride of platinum. The nature of the fatty substances may be examined by decomposing the soap with tartaric acid, and taking the fusing point of the mixed fats. If (allow, or oil have been used, it will then bo apparent ; and the smell evolved during fus;ion, may also assist in forming an opinion as toi which kind is present in the largest quantity. Neutral fatly bodies may be discovered by decompo.^ng the soap with hydrochloric acid, pinducing a barytic soap, and treating the latter with alcohol, which will then dissolve any admixture of unsaponified fat, and this may be further lestt*d with litmus paper. ComposUion of Soap. — It must not be overlooked in analyses of this kind, that the fatty acids and the alkali are obtained in the state of hydrates, and that the water of hydration must consequently be deducted in Imth cases. The consamer should not be satisfied with a soap in which the amount of the dr}' fatty alkaline compound ac- cords with the price, unless the soap fulfils another condition of equal importance. The problem to be solved by the soap-boiler is the pro- duction of an article, from which no more is dissolved or washed away, when it is employed for washinglinenorthe hands for instance, than ifj absolutely necessary for cleansing purposes. When this is not the case, much soap is uselessly wasted. This property of soap is carefully watched by the laundress, and for purposes of domestic economy the quantity of soap employed is much more materially alfected by it, than by the stale of the materials to be clcanseil. If the soap contain too much water, or its consistence be rendered too loose by reason of an ex- cess of lye or salt disseminated through it* as is the case with many of the varieties of soap described, the waste from this cause will be pro* portionally great. On the contrary, if the soap is over dry, muchlabo* rious exertion will be required to detach a sufficient quantity for the purposes required. Curd soap is the only kind which maintains the proper mean between these two opposing cliaracters, and this is due to the quantity of water which it contain.s, and its state of soHditv. Soap that ha-t become too dry is improved by being kept in a moist place, and an opposite treatment improves soap that contains too mucb water. Rut soajis of the latter kind are not altereil or improvwl by keeping, as regards the foreign salts which they contain. Curd soap' is therefore the proper form in which sonp should be soli^; no decep*' tion need be practised, however, when soap containing a larger amount of water, as that from cocoa-nut oil, is manufactured, provided a cor- responding reduction be made in the price. The same applies to soap , OIL VAKKISH. 433 pKpered with bones, fullers* earth, silica, &c., which cannot be posi- ttre\y called adulterations, but which are very much calculated, like the former, to promote dishonest traffic. The production of these articles will fiod very little encouriigement where the wap-boilers understand their own interc!it<i and responsibilities. The statements made above, with reference to the too rapid solu* tion of the soap, are of course not applicable in cases wbere the sub- «tances to be cleansed are boiled with the soap, »s in bleaching and dyeing ; they must not, consequently, be extended to soft soap. I OIL VARNIBB. The Tcgetflblc oils are by no means unafff^cled by exposure to the air, and the changes which ihey undergo by (he agency of atmo- spheric oxygen have givt-n rise lo the ilislinction of the drying from Xhepermtent oilt. The latter remain viscid on exposure, but become acid and ill-savored, in short, become rancid, whiUt the former diy up to an inodorous, clear, slightly-colored vnrnish, as is witnessed in linseed, hempseed, walnut, and poppy oils. This drying action of the air requires lime, during which hyumgen and carbonic^ acid are incessantly evolved from the oils, hut at certain intervals with greater eoergy than at other tiroes. Snussure has observed these changes vith the greatest attention in some of the oils, and he found that of the whole lime during which oxygen wn.s absorbed, and this often lasted several months, and even years, a certain period was attained at the expiration of from live to seven nioulhs, whtrn the absorption was very much more rapid than had previously been (he case. Thus, for instance, walnut oil had absorbed thirteen times its own volume of oxygen at the end of eight months, when, during Ibe next ten days, the absorption increased to sixty limes the volume, and then again diminished throughout the three subsequent months. The important and extensive application of these oils, particularly of linseed oil, in decorative and artistic painting, is founded mainly upon this dr)-ing property. The rapidity with which linseed oil dries, is dependent upon its age, &c., but this property can be considerably increased, when the oil is raised to the boiling point, or is kept for some hours at a temperature approaching that of ebullition, either by itself, or as 15 more usually practised, with the addition of .'g or j',-, of oxide of lead. In this state, when it has cooled, the oil i$ termed linseed'oil vamiah ; it is much less colored, more thickly fluid than before, and dries, at longest, in twenty-four hours; spread, for instance, upon a plate of glass, it forms a clear brilliant surface, which retains none of Its first adhesiveness. The general opinion has been, that the oxide of lead serred an the purveycr of a great portion of the oxygen to the oil which it other- wise absorbed from the air after a considerable length of time, atnl that the oxide was partially reduced ; the boiling process would then be reduced lo the .speedv execution of a part of those changes which are gradually produceJ by exposure to the atmosphere. Lie 434 OIL VARNIBU. however, has recently shown that this opinion is erroneous. Another Tiew of the subject, which supposed the conversion of the oil into ▼arntsh to be the etfect of sapomHcalion by the aid of oxide of lead, or the (lesiniction of glycerine by (he agency of heat, is equally fal- lacious. Although a portion of oxide of lead is taken up in boiling, this has rather an injurious tendency than the reverse; for Liebig has shown, that when Unseed-oil is boiled for a length of timR with water and oxide of lead, a thtekly fluid mass is olilaini-d, which dries with difficulty and remains smeary for some length of time. Even by saponifying linseed oil in the ordinary manner, and sub- sequently deromposing the soap with muriatic acid, so as to separate the whole of the glycerine, and then dissolving as much oxide of lead in the fatty acid, as will not influence the ^uidity of the mass na cooling, no varnish can be obtained. Thus we have positive eW- dence that the separation of the glycerine is not the object in the manufacture of varnish. When it is borne in mind, that linseed oil absorbs oxygen from the air with much greater rapidity at a later period than when first exposed, it then appears probable, that one or ther of the foreign matters whirh it ronlnins, encloses the oil, as it rere, and retards the absorption of oxygon, until, after a long reMst-i ance, it is at length dissipated, and the oil comes into free contact with oxygen. The formalion of varnish is rendered much more in telligible by adopting this highly probable assumption ; it is Uien reduced to a simple purification of the oil, by removing all those sub* slanceii which prevent the immediate contact of the oil with oxygen. The very same .supposition leil I.iebig to the idea, that those foreign (mucilaginous substances) might he removed by precipitation at the ordinary temperature, with the same effect as is produced by oxide of lead at a high temperature, and for this purpose he proposed the use of basic acetate of lead, a substance frequently applied in practical chemical operations to similar purposes. In carrying out this method, which is both better and more easy of ^j execution, the basic acetate of lead is first prepared in the following^H manner: 1 lb. of sugar of lead (neutral acetate) is dissolved in & IbsT^^ of rain water, and 1 lb. of litharge (oxide of lead), in fine powder, is added to the solution, and this is then allowed to stand until the red color of the litharge has been replaced by a white color. The clear fluid above the sediment is then basic acetate of lead, and is in suffi- cient quantity to convert 20 lbs. of linseed oil into varnish. The basic acetate of lead is mixed with an equal quantity of water, and added to the linseed oil, which has been previously rubbed np with 1 lb. of litharge in fine powder. The mixture now only requires shak' ing from time to time, and is, lastly, allowed to stnnd at rest for some hours. The linseed oil is then observed swimming on the surface of the aqueous fluid in the form of a wine-yellow colored varnish, which, however, is not quite clear. By filtration it can be separated front the fine white powder which remains suspended in it, and obtain' perfectly clear, like water. Varnish prepared in this manner is readily bleached by exposure to the sun. It contaias 4 to 6 per cent. t. OIL VARNISH. 43fi ^ of oxide of lead cbemically combined io solution; this also can be easily removed by agitation wiih weak sulphuric acid and subsitlencet stioutd it in any way interfere with the uses to which the varnish is destined. For 3 repetition of the process, it is unnecessary to prepare a fresh solution of su^r of lead, as the whole of (hat salt is contained in the water below Uk- stratum of varnish. l-,iihargc may, therefore, be sgain added to this, and will produce with it the basic acetate of lead, as before. The simplicity of execution which forms the chief value of this pro- cess, is further enhanced by the precipitation of coloring matter with the oxide of lead, in addition to the mucilaginous substances which obstruct the formation of varnish, so that the linseed oil is partially bleached at the same time that it is converted into varnish. Oxide of zinc (or white vitriol) was sometimes used with oxide of lead, or instead of it, upon the old plan, and in England, magnesia las been substituted for either. The conversion of linseed oil into printers* oamish^ or printers^ ink^ U a process founded upon very dilferKnt principles. In Ibis case, the object is a ihiclt lluid, which shall impress the outline of the type upon the paper without running, and yet dry rapidly ; it can only be obtained by an incipient dry distillation, to which the oil is submitted by beating in a copper still. Only aqueous vapor passes over at first, but as the temperature rises, and the color of ihe oil becomes darker, (which is here natu- latiy unimportant, )combu5tible gases and carbonic acid are generated. At a still higher temperature, these are accompanied by inflammable condensibie vapors, which ascend as smoke when the oil is in a state of ebullition, and may be ignited. The boiling is continued until a sample is sufHciently sticky on cooling, and exhibits the proper state of consistence. The temperature at which the varnish is boiled destroys the oxide of glyceryle, and produces a change in the composition of the fatty acids, which has uol yet been carefully investigated. APrENDlX TO THE KIRST GROUP. Sool, Lampblack^ t(c. — The luminosity of every flame, as we have repeatedly shown, depends upon the separalion of a porlion of char- I'oal which is burned subsequently to its Beparatioo, Ibis process be- ing repffatod i-vt-ry inHtanl ; now this siibscL|uent c(inil)ustion may be very readily impwled, by cooling the ftame or diminishing the draught of air. In ihis case, in addition 1o (he true products uf combuslioo, empyreumatic vapors and gases also escape in conjtfnciion with car- l)ori liberated by their partial (.■cm bust ion (soot), all of which result from mere decomposilioa by heat (dry disttllation) — and form fffw/eeJ Thust a strong current of air causes the flame of a candle to smolce» »n<l a porcelain plate, or a plate of metd held in it, becomes coated with soot ; both these phenomena are the result of cooling. In all fires, the combustion is imperfect in consequence of the burning sab- stances being too much cooLetl, and from the defective supply of air. The internal walls of chimneys and flues become coated with, various kinds of soot or black ; near the hre, this assumes the forai 1 of a btackish-brown, shinio|^, varuish<like layer, ^/anre-fr/ocA', con-' xisling of dried tar wiih a tittle charcoal {3.8 per cent., Braconnot), which, after undergoing preparation, is used as a pigment (bistre), and also to preserve meat from pulrefaction. The soot deposited in. I he more distant parts, contains much more carbon, and formfj a brown, flocciilent muss, Jtakf-hlack. These are the only two] kinds of soot yielded by wood; whilst substances containing little oxygen, but abundance of carbon — those, therefore, which burn with a ]>owerfully luminous flame — as resin, fats, and oil of turpentine, deposit a kind of soot, which consists principally of charcoal, mixed with but little tarry matter; the quantity of the latter being less in proportion to the time which has elapsed before the soot is deposited, ur in proportiua to its distance from the (ire. This product, called pme-wood blacky is dark, piich-black, and from the chemical inde- structibility of the charcoal (except by combustion) is one of the moat] important (opaque] colors ; its production consequently gives rise to a peculiar process of manufacture. It is extensively used in ordinary printing, lithography, and copper-plate printing, the manufacture of blacking, &c., and hence arises che necessity for preparing it at one lime in the roost minute state of division and purity, whilst SOOT, LAMP-BLACK, ETC. 437 soluble in alcohol . insoluble in alcohol others it may be used in its ordJDary condiiion. Braconnot fbunil in 100 parts of pine-wood black : Carbon 79.1 EmpyreiiDiatic resin Humin ........ 0.5 Sulphate of ammonia 3.3 lirae 0.8 " potash 0.4 Phosphate of lime 0.3 Waler 8.0 Sand (accidental) 0.6 Chloride of potassium a trace. Reichenbacb found naplhaline also. The fixed sails present were really eonstituenis of the ash carried over with it. For making the couuuou qualities of black, refuse resinous matter of all kinds are used. Tliose ports of fir-wood, for instance, which abound in resin, and remain after ihi- resin or colophony has been strained otf, fir-leares, chips, rubbish, &c., covered with resin ; lastly bark, leaves, &.C., upon which resin has dropped, these are collected when the fir-trees, from which the resin is obtained, a're cut down. The peculiar iDaniifacdire of the black from these substances consists in burning ihem with a very limited access of air, just sufficient to consume the hydrtJi^eii and a prirt of the carbon, leaving another por- tion of the latter iinburned, which Is then deposited as pine-black. Fig. 163 represents the simple furnace used in this process. A canal of brick-work C C, 2( feel wide, connects the fire d, wilh Ibe soot chamber .9- the length nf the canal is at least 14 feet, this extent being requisite, that the inferior larry-black may deposit before the purer portion. 'L'he aperture in the fire-chamber, which also forms the anterior part of the canal C, can be either opened or closed for the proper regulation of the draughts, by means of a mnvaUe iron plaie e. The plate o forms the margin of the pit_/*, in which the workman remains; it also serves to receive the coals when with- drawn, and the fresh matter to be burnt. On commencing the pro- cess, no regard is paid to the collection of the black, but the fire is at once lighted to warm the smoke-channel first. Without this precau- tion, a large portion of the black would be deposited in it, and be vrrjf liable (o take 6re. Two kinds of soot are (bus obtained, one of which is brown, sometimes of the kind called flake-soot, sometimes glance-black, which is derived from the woody portions, and black, or true pine-wood black, from the resin. The object of the process is to sejiaralf the two, rausing the former to be deposited in the raoal C, and the latter alone in ^, this being practicable only when C has been sufficiently heated. As soon as this is eflected, a fresh char|^ of the wood (^ cwt.) is introduced, and the manufacture commenced by lowering the plate e. l'he light soot collects at the back part, partly on the walls of the chamber »/?, which has a capacity of from in* 438 SOOT, LAMP-BLACK, ETC. 2 to 3000 cubic Teet, but mostly in ihe hood /). The latter is a kind of roof composed of loose woolen cloth, which may be extended Fig. 163. the apex by the pulley a ; nod at the base by the heavy frame n n, it can Eilso be lowered into the chamber. When the manufacture pro- ceeds favorably, a day's work of 10 hours should yield about 3 cwl. of (he matcrinl. In a properly conducted process, the temperature of ^ should always be somewhat lower than that of the smolfe ; but in time, this relation bet-ompH reversed, which renders it advisable to vork only every other day, that the furnace may cool in the mran- time. Another precaution Is made requisite by (he black itself, which by its deposition, gradually impedes the draught ; for, it is evident, that this must traverse the tJ-Hsue, which as it were, strains the sool from the various gases. The workman is consequently obliged t^^| shake off the soot from time lo time into the chamber by gently tap^^ ping the hood. The extremely fine state of division of the fresh sool, gives it, especially when warm, a dangerous tendency to inflame on exposure to the air. For the sake of caution, therefore, the chamber mu!>t always be allowed to cool, before anything is removed from the tloctr K. The loose uppermost sool, which has fallen from the hood, is sepa- rated as a finer article for making printers* ink, from thai which coata the walls of Ji, and forms ordinary lamp-black. Sometimes, instead of a single chamber with a hood, the soot is deposited in several suc- cessive ones; in this case^ the last will contain the finer kinds. •OOT, LAMPBLACK, RTC. 439 ^ I I Id Ihe coal dislrictSt (be caking-coal forms a useful material for this manQfaciure, which is then eiinrr sc[)anitely, or incideolally car- ried 00, Ihe cok*e-o»<ns being combined with an arrangemeut for col- lecting the lamp'blBck. fa Knglaod, for instance, the method practised is somewhat different from that which has been described, and which is the common practice in Germany, the chamber with its hond being replaced by a series of tall bags, about 3 feet in diameter, and siretciied perpeiidicutarly. The canal conveying the smoke, opens into the nrst bag at the lower and lateral pari, this and the second being joined by a connecting tube above, the second with the third by a umilarDoe at the lower and lateral part, and so on. The literal connection is made below, so that Ihe (tin ) mouth-pieces of the btgs with their capsular lids remain free, and can be occasionally rmptieil of the lamp-black. The last bag finally opcuK into a chim- ney. In this arrangement, the lamp-black is much better sorted ac- Dordiog to the fineness of its quality. The presence of empyreumatic resins in lamp>black, a small number of which belong to the acid, but the greater part to the neu- tral class, seriously deteriorates its quality, causing it to burn with flame, and yield empyreumatic oil, when heated with exclusion of air. They interfere with its application by imparting a brown tinge instead of the pure black to the lamp-hlack, and by preventing its being moistened with water. It is consequently necessary previously to mix the impure lamp-black with brandy, whenever it is required as an addition to water colors. The remo»al of the empyreumatic resins by noKenls cannot be carried out on a large scale ; for they are usually only imperfectly soluble in alcohol, or in caustic alkali) and Bracoonot only succeeded in retooving the entire amonnt present (7 per cent.] by means of ether and oil of turpentine. One of these solvents, the elher, is too expensive, and the turpentine requires a second operation to re-obtain it. In cases, therefore, where they are prejudicial, as, for instance, in lamp-black for lithographic ink, &c., it is preferable to destroy the resins by a red beat. The ordinary method of proceeding is rather crude, nnd consists in burning the lamp-black with a very limited access of air. A tub filled with the soot is buried in the earth, the lid being level with th>e surface; by means of a thick pole, which must be carefully with- drawn, a perpendicular hole is bored through the middle of the mass, and into this, a roll of tow, saturated with oil of turpentine, is pressed and then ignited. When the lid is put on, the slow and smouldering fire spreads, until at last the whole of the soot is healed to redness tfarougfaoul. During this process, Ihe tarry ingredients burn at the expense of a portion of the soot, about ,'i;,th to ^th, which is consumed by the air. A better plan is to press the suot into a large tin case, placed within a cast-iron vessel (like a gas-retort). The latter is bricked in over a fire, and the vapors of the decomposed tar conveyed bj a conducting tube into the fire, where they serve as fuel. Black of greater purity, and in a much finer state of sub-division, is obtained irum fixed-oils — oil of turpentine^ or oil from rosin gab, 440 SOOT. LaMP-BLaCK, £TC. when ilifsc substances are burnt in lamps ; but it is difficult 1o pre- pare ibis, which is properly called lamp-black, in targe quantUies. The l»mp is placed under a tin hood, uliich carries ofT the smoke by a lateral tube into chambers, or is closed, and receives the swit on its inner walls. The most profitable method of cooling, is that of hold- ing metallic plates in the flame, provided they ari> not allowed to become too hot. For this piirposr, Prerhtl proposed a roller of linj. which revolves in the tiame, and laterally rubs against a brush, »9 that ibe soot is constantly brushed otf, and fresh cool parts of the metallic surface are constantly brought into the flame. Inaccurate rc}>orts have diffused many fabulous accounts concern- ing the nature of Indian-ink; it is principally composed, however, of lamp-black of inconceivable fineness, and Prechll, in accordance with the best accounts, has rendered it more than probable that it is pre- pared from camphor, by the same process as lamp-black ; the cement- ing matter is some kind of animal gelatine. In raaQufacluring lamp-blaok according to the German method, about ^th of lamp-black isobtained from the residue of strained pilch; hut lilt produce from fir-wood is of course much lejis, because the woody jKJrtions tend more to the formation of tar. The quantity which theoretically ought 1o be obtained from a given quantity of ma- leriai, cannot well be determined, because the process is not definite and constant, but is entirely dependent upon the contingent manage^^ ment of ihe draught o( air, and at the same time upon the nature of' the material in the fire. .\t all events, it is certain that the lamp- black originates from that portion only of the carbon which, duritigi the process of decomposition, is carried away by the hydrogen. Common coal, | to ^ihs of which, on an average, take no part in the decom])osition (remaining in the form of coke), and the hydrogen of which amounts to only 5 or 6 per cent., yields cnnseqnently consi- derably less than oils, resins, or camphor, which leave no residue of charcoal, and contain 2 or 3 times as much hydrogen. In all these cases, a portion of the carbon is removed from the process o( the formation of lamp-btack by the oxygen present; this is not the case, however, with oil of turpeotine, SaCy in which oxygen is entirely ftb- senl, and ihe oil contains almost 18 per cent, more carbon than is requinid to form olefiant gas with its hydrogi-n. Produrtion of Lamp-black with and without Tar. — The preparationa of common lamp-black from the refuse small coals, is intimately a]* lied to the process of coke burning. In some cases it is combined with the manufacture of coal tar, and consists of the following ar- rangements. Fig. 164 shows a the furnace in which small coal is consumed with the admission of as little air as possible, the heat and smoke pass through the openings b h by round an inin or clay retort c e, into a flue </, which is about 500 feet long, with many bends t e. The lamp-black is deposited in these flues or caves re, and the retoft c c, which is filled with coal, is healed from the furnace a, so as to distil the coal tar, which passes through the cask y into a larger cis- tern communicating with the underground flue g. The iuAamraafala MATCMBS. 441 rnses pass olTfrom the cistern, and are borni in the open air. The letaiU of working Ihis arrangeineut are so simple as not to require Fig. IM. »ny notice. A similar arrantjtment for making lamp-black without tar resembles Ktg. 164, willi the omission of ihi^ retort c c, Matehis. — Mnny barbaroiiH nations, tmncquaiiiled whh the ine- tbods in use amongst civilixrd people for procuring fire, usually etfc^ct this object by riolenily rubbing dry pieci^s of huru against pieces of soft wood. Although flint, steel, and tinder have appeared irreplace- able for centuriex |(iisl, holb in simplictly and n^rlainty^ yet* modern art, keeping pace with the process of scifnce, has turned many chemical observations and discoveries to surprising advantage, with reference to the production of Bre. Some of Che inventions which h&Te been brought forward Hpsprre more particular notice* on account of their rapid and extensive difiiision. The contrivances, in which sulphnr-inalches were inflamed by im- mersion in phosphorus [phosphorous ituitches), were first superseded by the so-called chemical-matches, which consisted of sulphur matches, with a coating of t-htorale of potash. This salt (KO, Cl,0,), when brought intu contact with concentrated sulphuric acid in the cold, ts dfromposed with explosion and the produi:linn of fire, into bisulphale of potHsii, jii'Tchlorate of potash, and chlorous acid, and by the two Jailer (one of which is resolved into chlorine and oxygen, and the other intn chloride of potassium and oxygen) inllammablL' matters of all kinds, as aulphar, metallic sulphurets, rosin, gum, &c., are in- flamed when within the immediate reach of its action. The snlphar ends of the matches are covered with a composition of chlorate of potash, flowers of sulphur, colophony, gum, and cinnabar (as a color- ing matter): on dipping ihis Into a botlle containing asbeslus, pre- iously moistened with sulphuric acid, il quickly becomes inflamed. These matches are now superswii'd by the more simple lucifer matches, which inHamc without the aid of acid, or anything of the kind, by mere friclion: an invention, the history of which, notwilh- 'iog its novelty* is already lo&l, as has been ihe case in many 443 LtlClFER'HATCUBS. tiimilar iiDtlBnccs, partly on account of its simplicity, and from the rapid introduction of similar procesiiwa. Lucifer-matches. — These, tike the last, are sulphur matches, to which a separate inftnmmable compound has been added. The pri- mary coating of sulphur caiinat be dispensed with, because the inflain- roable composition burns much too rapidly lo set fire to the wood. The flame [irodnced by the combustible mixture is, therefore, firsti communicatt'd tu the su]]ihur, aud from it to the wood. The mtxtum at first contained chlorate of potash as an essential ingredient, and the produclioD of fire depended upon the power of this substance of in- flaming the sulphur, phosphorus, &u.,with explosion, the effect being produce*] p%'cn hy Hhaking nr friction. Thus phosphorii.i was mixed with mucilage, at a temperature of 104'^ F., so as to form an emulsion, to which the chlorate of potash was then added . The phosphorus was sometimes replaced by sitlphuret of antimony. The operation of mix- ing the ingredients in the dry state is at all times dangerous. Tlie unpleasant noise which occurred whenever a match was inflamed, and a certain amount of danger from fire, rendered it desirable to re- place the detonating action of the mixture by a slow combustion, and (his has been accomplished in the noiseless lucifer-matchtt. None of (hose composittoos which inflame without explosion contain chlorate of potash, but niire and phosphorus instead; the latter of which bums at (he expense of the oxygen of the former. The general principle concerned in the action of these matches is, that substances (as ph( phorus) having a great aJTinity fur oxygen are mixed with a lari amount of it. condensed into a small space (in the nitre), bo that ti slightest cause is sufficient to effect their combination. The peroxides^' of lead and manganese, which abound in oxygen, are ollen mixed with the nitre ; they act in the same way when they have once at- tained a red heat. .\s the thickness of the match and the quantity of the compositioi upon it must always bear a certain proportion, both because the latK is expensive, and burns with a disagreeable odor, the matches re- quire to be cut by machinery, or nlanes constructed for the purpose; they are thus obtained thin, sufGciently strong, perfectly uniform, and of an elegant appearance. Moist poplar wood is best suited for this purpose. The round or angular matches are dipped In bundles into melted sulphur, and then coated with the intlammable composition. According to Uottger, 16 parts of gum-Arabic, 9 parts of phosphorus, 14 parts of nitre, and 16 of finely divided peroxide of manganese, form a good composition, which must be worked up with water, to avoid danger. The mixture then forms a thick paste, Into which the matches are separately dipped and then dried. Occasionally, smalt aud tsimilar matters are added to produce certain colors, or to increase the effects of friction. After repeated trials, the inHammability of the composition has been gradually diminished to such an extent, that it only inflames when strongly rubbetl against rough surfaces, but not rea<liiy by pressure or shaking, especially when the matches are pre* »erved in closed boxes; hence they are much less dangerous tbao DOBEREINRR'S PLATtfTUM LAMP. 443 I I I might be Anticipated. The slow combustion of the sulphur, with the emission of sii!i)hurous acid, forms a great objection to ihi-se matches, as this gas is injurious to respiration. Matches have conseqnently been introduced into commerce wliich have been 6ri!t dipped into fuMd stearine, instead of sulphur ; these however, frcquenTly mi.<ts fire. Plalinttm Lamp, or Instantaneous Light. — In those cases where the apparatus is not required to be carried in the pocket, but is rather in- tended for use in the house, the action of spongy platinum upon hydrogen, discovered by Dobereiner, affords an excellent, although certainly not a rery cheap, means of procuring a light. To prepare this, a solution of platinum in aqua regia (chloride of platinum) is precipitated wilh muriate of ammonia, and the plsilino-chloride of am- monium thus obtained, is stirred with a Utile pure ammonia into a thick paste, a drop of which is placed upon one end of a thin plati- num wire, which is made into a loop. By drying, and the subsequent application of a white heat in a spirit-lnmp, the double salt is com- pletely defompo.sf'{], the platinum remaining as a metallic, porous mass, resembling a sponge. Like several other metals, bulin a greater degree, platinum possesses the property, by some peculiar and inex- plicable action of its surface, of inducing the combination of hydrogen and oxygen to form water, at temperatures at which this does not spontaneously ensue. This power increasing with the extent of sur- face, is greater in thin coiled wire than in foil, and is greatest in spongy platinum in consequence of its porosity ; or the very exten- sive surface which it presents in a small bulk." A current of hydro- gen mixed with air, or oxygen, and brought into contact with the platinum sponge, begins to burn, forming water; this immediately raises the sponge to a white heat, and the gas then takes fire from the incandescent metal. This is also the process by which light is ob- tained in the **^ DbbenxMr's platinum lamp,^^ Fig. 165. Beneath a cap of brass plate tJ, fastened to the wire n, the spongy plstinum is placed, exactly opposite the aperture c, from which, when the lamp is in use, a current of hydrogen issues. The latter is pro- dared in the lower vessel tt U from a m3.s5 of zinc 6, and sulphuric acid (diluted with 6 parts of water), and is accumulated ready for use in the upper movable vessel -^'1 JL As often as any of the hy- drogen is consumed, a fresh supply is produced at the same time, because the zinc only comes into contact with the acid when the apparatus is engaged in yielding light ; at other times, it remains above the surface as in the figure. To allow of this, .^ ,'1 slides in the lid g like the piston of a pump, and when at rest, is kept up by the spring ff/\ in that position, the only outlet for the accuran- ' Supprt«in|c the pnrM in * cubic line of ipnnsy plalinum to be f\^ of a line in dis- BCtm— whicll >■ /liT lixi tnurh^nncl thnl Ihnr vpaon* •Kftn rIki culii<!>t, tbete wouUI be (iiKl«|>«Qdcnily of the iblckncis of ih': wnlt*) n million of wll> in tho cn(iri< lxJw, «»u1i comainini; .f^Jgr^; hcixv nltO|:>?tlM'r 'ff j||;« ^600 tqunio Hnr*; i.t,ti itiirfte*] I'M Itawa laiELT Uimn ll<«t uf lhr> wliiiiTUlwi ihnaan iilvaoTlb* inrroMW oftutraeM ptalNOnl by IXKOwiy ntay be re-aUil}' ubiainMl. k 444 IMPHOVBD PROCRSA OP COKirfO. Uted gas, through the glass tube x x z, in clon«il by B few drops of dilute sulpbaric acid Q. If, however, A Jt he U^piviitted by the hand, the gas contained in ii is subjected to sufficient pressure to drive back the re!>istin£^ Buid o into the bulbs, and to open an outlet for it, first into the cap f , which is firmly fixed to the ]id of A, and frooi thence to c^ where it raises the spong}' platinum rf to a red heat, and then inflames. On the escape of the gas, however, the acid simultaneously risi's in .■?, and coming into contact with the zinc, replaces, by a further evolution of gas, that which has escaped. This procesB'^J continues uninterruptedly as long as thd^H quantities of zinc and acid are not ex- ^^ hausted. Besides the apparatus figured above, which is of more recent inven- tion, and was first proposed by Eisenlohr, there is another more generally used, which is, however, expensive, in which A Ji is fixed immovably into g, and sup- ports above a brass cock, which c a cap fixed to an arm to preserve ihl sponge from dust, as in Fig. 160. An advantage is gained by this arrangf^ment, for the dust which burns on the sponge leaving an impure coaliiig upon it, together with the sulphate of zioc^ which iH carried oiiby the ga.s in the form of very finely-divided drops* greatly impairs its inflaming powers. To understand the extreme injury produced by such trifliog quantities of foreign matter, we must recollect that the action of plalinum-foti in electrical experiments may be destroyed by merely wiping it with the cleanest cloth. Accordinff to Mohr, the sponge when spoiled may be restored by treating it witn concentrated sulphuric acid, and washing with distilled water. This is more readily and easily efTcuted by first immersing the sponge in a .solution of chloride of platinum, then in a solution of muriate of ammonia, and subsequently heating it to redness; in this way an fn> tirvly new surface is produced. IMPROVED PROCMS OF COKIITO. The preparation of coVe has become a very extensive trade within the last ffw years, in consequence of the Increased demand for rail- ways and smelling operations. The small coal from many districts, which was formerly ot com- paratively little value, has now become a most important source of profit, and in some cases it has even been proposed to grind the large coal for the pur|Kw« of making coke. Indeed, coke made from large IMPROVED l>llOCB88 OP COKINO. 445 coal has oerer the same density aad strength as that made from small. There U Mime difference as respects the management of different qualities of coal in converttDg it ioto coke. The great object of the coke-burner, is to produce a dense, compact coke* in sucb large mass* es, that in cases of long carriage, either by sea or land, these lumps of coke may arrive wiiliuui being broken up into such small pieces as \o be un6t for smelling or locnmotivr purposes. This object is most effectually acromplisfaed by burning large quantities of coal of suffi- cient depth to ensure long upright masses of coke in the oven at the end of the operation. But some coals, vhtch contain a large per centage of asb, form a coke which melts easily, anil the consequence is, that when the ovens are charged with too deep a load of coal, the coke has melted, and covered the upper layers in such a manner that the air cannot penetrate to the uaburnt coal at the bottom of the oven, and the produce is a mix- ture of charred coal and coke. Oa the other hand, when a coal coQtains a large proportion of ash, ]ttul does not melt in coking, the same result is observed, which arises, however, in a different Way. The mass of coke at the tpp which is first formed, of course, continues to burn, lear- ing its ash on the surface, and this accumulating, at length falls al dowD into the crevices, and chokes the fire before il has time to reach the bottom layer of coal; (bus, in Fig. 166, a is the ujibumt coal, 6 that partially coked, c ibe mke already formed, and d the ashes which have fallen down, and preventtr^l the accents of air to sup- port the combustion. ]n such cases, the difficulty of coking such coals is obviated by building smaller ovens, and loading litem lightly. When suitable coal exists, the advantages of heavy loading are very obvious. The whole mass of coke is longer exposed to the hamening effect of the fire, and the heavy products of distillation, ascending from the bottom layers of coal, deposit large portions of their carbon on the side of the already formed coke, thus increasing the produce from a given quantity of coal. The ovens about to he de- scribed are charged with from 10 to lo tons of coal, and produce a very excellent coke, both as respects quality and quantity. After the oven has ceased lo burn, the whole is made perfectly dose, and the coke kept in the heated state, contracts in bulk, and becomes much harder and more compact. In coke intertded (or iron and other smelling operations, where it is exposed to the action of a blast, long^efore it really doe<« iny efGcient duty, the above qualities are most valuable. Figs. 1G7, 168 and 169 are ligures of the same ovens, showing ^i^i...... 446 IMPROVED PROCESS OP COKING. ri|. 167. ri|. 168. them ia diflerent positions, about t«n feet in diameter, and 4 feet from Ibe floor to the springing of tbe dome, and in favorable Iocaliiie« each oven will cost about je25($135). a, Fig. 167, indicates a series of Biles under the tloor of the orens, ending in a chimney b, the object of which is to assist in coolinffthe floor as rapidly as possible after (he colce has been drawn out, so that there may be no diiitiltation of the coal of the next charge, which would lend to produce an in- ferior cokt at tne bottom. It may also be noticed here, that the dome ought to be made at S\a\ as possible, consistent with durabdity, in order to refiec' the heat as much as possibl down upon the coal, and pi serve the heat of the ov generally. Figs. 170, 171 and 17 show a similar form of o^e in which tbe smoke is, ho eTcr, carried along the flues 1o a high chimney, thus avoid* ing the inconvenience of the large volumes of smoke which are poured ^rth by a range of eoVe ovens; 6, Fig. 170, is a cattt iron pillar supporting a nihrajr for conveying the coal wagons to any particular oven, so as 1o he chuged in front, it ba\-ing been found that when the coal is more equally spread in the ovens by manual labor, the charge is burnt off in Jess lime, ifaao when the wagon discharges the coal into the oven all at once through the opening in the dome, independent of saving in the wear and tear of the dome occasioned by the passage of heavy coal wagons. A patent has been secured for drawing the whole of the c<:^e at once from the oven, so as to save labor and time, but it has not come into general use. Indeed, the great poial to which attention ought to be directed is, especially to increase the yield and the rapidity of the coking process', so as to save the great waste from the escaping gases m Fig. 1«9. ' The rapkliljr of ookins diminiAheit tbe yield of colce, tni (ivM moM oMapaeinttn U at wbidi i> proiliMted. Se* " Repon on American Conlt,' p. SIS, — As, E». 44& MANCFACTl'BE OP PATEKT FUEL. nncl small residiinl coke, technically called brees. The large ovei hnvf, in some mensure, remedieil ibis latter point, and an attc:mpt to convc}' the waste heat betfveen the lining of the ovens and the outer wall lo rafftlitate the coking operation, did not an<>nerin an econo- mical point of TJew, the first and subsequent expenses amounting to more than the gain. Another patent for separating the sulphur of the coal by electricit has met with no better success. The cost of making coke is so small, as will be seen from the lowing sialcmeot, that the truth of the above remark:^ will appc very obvious. Charging ami burning coke, with all attend^ ance re4|uired, including tilling wagons Filling ovens nStfa coal Wear and tear of ovens J. d. 0 10 per Ion col 0 2 " " 0 2" " " Total coat 1 2 « " 28 cents.' MANUFACTtTRE or PATENT FVEL. The great object in the pro<luciion of this species of combustible has been to convert those natural fuels, which are in such a form as to be unfit for use, into an article possessing all the advantages of the more eKteemcd steam-coal, with this important additional recommend- ation, that it occupies less space. Peat and small coals hare accordinglv attracted the attention of inventors, but in many instances, the parties have recommended the miving of materials, such as clay, &c., which can in no way add to the value of the fuef. except perhaps as a retainer of the beat. We have, therefore, overlooked those processes, with the view of noticing two more fully, which have strong claims for support, from the realty valuable nature of the inventions. The first is that of Mr. Hill, who distills dry peal, and collects the p^roligTieous spirit and lar. The tar is converted into pitch, which he mixes, while hot, with peat charcoal, and thus renders a very bulky, and, for many purposes, valueless article, one of great import- ance. The other is much more extensive, and is being carried out into Craclice on a large scale by Mr. Wylam. This manufacture consists, owever, of several distinct branches, which it will be better lo pur- sue in their order. We hove first ihc separation of coal tar by dis- tillation into naphtha, dead oil, and pitch. The pitch is subsequently mixed wirh small coals, and moiddi-d, by pressure, into bricks. The naphtha is rectified and Bold as such, while the dead oil is converted into ivory-black. The tar ia mixed witli about an equal quantity of ' T1i(> ptH-c of Intwf tB the VuMd Suim will |Mi>baUy oonMcnbif iDcrewM this mjimaiv.— Am. Ea. MANUFACTURE OF PATENT FUEL. water, vbtcb appears to i'aciUtate the separation of the oapfatba. The process of distillation is conducted by expasing the tar and water to the heat of a common fire in a large iron retort ^i, Fig. 173. Tvrq Pig. 173. {■■■n \mB pipes, B and C, uniting at £, convey the volatile products from thfr retort. During the first stage of the distillation, the pipe C is closed by a raire at d, and the naphtha and water escape through the swan> neck shaped pipe K, whicb is carried about 3 feet above the retort, to prevent any dead oil passing off at the same time, during any suddeaj ebuIlitioQ of the contents of the retort. The pipe then passes itirouE^D, a condenser F, kept cool by a stream of water, and discharges the napliihaand water into tlie vessel G. The naphtha floats on the top,, and 6ows off in a conrinuous stream at ^, while the water syphons itself off by the sypbon H, Fig. 174, as it accumulates. As soon a» Fig. 17*. " ! "i_ r i:i, all the naphtha has passed over, the pipe c is op«ned, and more beat applied, until the disiillaiion of ibe dead oU \s complete. The pilch which remains behind, is ultimately drawn out by an opening at the SB* 460 HASttPACTtJRE OP PiTEKT PD»L. lower cod of the retort, into shallow slone coolers, /aboifS the lire- places, and A K Ihe flues for heating; the retort. Fig. 175 shows end vitrw of the swaa neck of the retort. Pig. 176. The naphtha is re-dtstilled from a vessel /, after being mixed with i small quanlilf of water. Instead of Ihe heat of a common fire, Btean, in this case, is applied by the pipe K, as shown in Fig. 176. An intermediate vessel L is placed between the still and the oondeDser, to retain the products of any sudden ebnllition. The condensatioa and separation of the naphiha and water are conducted in the sane 'manner as has already been described. The tetter / shows how the cold water passes to the condenser, and m the exit pipe of the healed iraler, after sening the purpose of condensation. The naphtha from lis second distillation, is then mixed with chloride of calcium, or quick'lime, and subjected to a third distilKilion in a similar apparatus, when it is obtained perfectly mlorless and fit for sale. The dead oil obtained as the second product of the disiillalioa of the coal tar, is sokl for the purpose of illumination on the quays of manufactories, rail way- wortrs, &c., as a solvent for pitch, in which Case it makes a valuable varnish, for coating wood and iron-work ex* posed to the weather, and lasttv, for the manufacture of a very supe* rior iviijy.blatk. The arrangeraenlB for making the ivory-black are very simple. The dead oil, which is kept in a large reservoir, is heated by means of steam, to render it more fluid, so that it may fiow through Ihe pipe ^ (Fig. 177) more easily, and makes its exit at J). Fif. 177. rAMtrPAt ceives ihe fuel paste, u and x two cylinders similar to the cylinden of a steam engine, but worked b^ water, r y the pistons to wbicb t«-o rams are attached, each baring six arms that fit act^urately the moulds B By and z is a lever worked by means of the motion of the piston y. The moulds are iilled from the vessel Sy as the table is made to re- volve by the movement of the lever z. As the moulds approach the cylinder u, the piston descends and compresses the fuel with an enor- mous pressure, and nAer the piston ris4>s, another set of moulds take their places, while the piston y of the cylinder xhaving^ descended at Ihe other end of the table, the six bricks are forced out of the moulds, and are received below ready lo be stamped with (he maker's name. ITie machinery and the whole arrancementsare exceedingly beautiful. and the accompanying sketch is only intended (o convey an idea how chanisra. the process is effected, without allowing all the details of the me- One of the manufactured bricks was reduced to powderj and fur- nished the following results. 1. 4.56 grs. burnt with chromate of lead yielded CO. . . 12.81 grs. s Carbon . . 3.493 H,0 . . 2.13 grs. = Hydrogen . .235 2. 25.93 grs. in Will and Varrcntrap's apparatus yielded 6.41 grs. platina salt <~ .4 grs. nitrogen. 3. 123.27 grs. left S.72grs. ashes. Hence the composition in 100 parts will be as follows: _ Carbon . .' T . 76.60 V Hydrogen Nitrogen Oxygen . Ashes 5.15 1.54 9.63 7.08 100.00 A metallurncal assay furnished the following result, 123.27 grs. in small pieces left 84.74 grs. coke. Hence Ihe composition in 100 parts: « , S Carbon . . . 61.67 ^''^i Ashes ... 7.08 Gaseous matter . . 31.25 100.00 The pitch employed in the manafaclure of the patent fuel possesses a specific gravity of 1.01016, and the analytical results were as follows : «1. 4.265 grs. burnt with chromate of lead furnished 'f CO • . 11.54 grs. = Carbon . . 3.147 I H,0 . . 3.11 grs. = Hydrogen . .346 I- 2. 163.10 grs. left 93 grs. ashes. Hence HEATINn AND VENTILATION OF DWEtLINGS. 4&3 Carbon Hydrogen Oxygen . Athei . . . 73.56 . S.OS . 17.79 . .57 I I I 100.00 The pitch contained no hygmmetric moisture, and this patent liiel only 0.86 per cent. A glance at the above composition of the pilch prores how valua- ble the substance must be in the manufacture of a fuel destined for raising steam on board steam- vessels. The large proportion of hy- drogen and oxygen, add materially to the amount of heat it will evolre, and the facility of its combuslion. And it must be obvious (o all, lliata fufl manufactured from this b'ubstance in proper proportion, and a suitable small coal, wilt far surpass any natural coat for steam pai> poses.' '^'* APFLICATlOIf OP BEAT. Htatinf^ and Ventiiation of Dw^Ungt. — The advantages of an open fire-place are so numerous and so highly prized by the inhabitants of the coiiotry, whose ideas of comfort and sociability are directly connected vriih the fireside, that it is not likely or desirable that other modes of heating rooms or dwellings will or should ever entirely su- persede this old established plan nf obtaining the necessary ftmnunt of warmth. The open fire-place and chimney atlbrd the simplest possible means of creating a thorough circulation of air throughout the inhabited room, a condition which can never be dispensed writh w^ithout injury to health, and which is entirely absent in those arrange- ments on the continent of Europe, where the fuel is introduced into the stove on the outside of the room, and is supplied with the requisite amount of air from without also. The change of air in rooms under such circumstances is dependent entirely upon crevices in windows and doors, and as these are avoided as much as possible in the con* structioQ of the houses, double windows and double doors being fVe-,' quently employed, the air becomes vitiated where many persons are ~ breathing in the interior in a very short time, and the sallow com- plexions and stovo-dried appearance nf pi^rsons habitually occupying such dwelling-rooms are visible proofs of the injurious tendency which it must exert upon bodily health generally. The ordinary arrangement of the fire-places in our dwelling-houses at present, however, is connected with several inconveniences. There is always a very considerable loss of heat, and a very unequal tem- perature is dilTused in the difTerent parts of all rooms, which are heated solely by one fire-place. The supply of air to the fuel is fur-^ * The nlwvff inn<lDiiia) produois or iho (Itoiillii^Mi oT cont to prodnc* illumlnadDB gas, prom? hnw inipormiil »k ihnsc rr«ulb of Oic mnniirnnlure which bnva hflli«rlo bmu. bIrmmC wbaWj nrglecled in Ui« United States.— Am. Kd. 4M HBATINO AND VBKTILATION OF DWELLINGS. nished bj the crevices in doors, or other parts of the room onlVi and wherever this air is ailmiileit, a ilraiighc must be occasioned, and, con- sequently, persons sitting b; the ^re, ate constantly exposed to the un- pleasant sensation of having one side heated excessively by the radiated heat from the fire, whilst the other side is cooled by the cold air rushing in to maintain the combustion of (he fuel. Draughts of this kind are exceedingly objectionable, and can only be remedied by some plan similar to those described below. Another objection to the open fires and chimneys, is the downward drau^t frequently occasioned iu neighboring chimneys not in use, by large powerful fires in other rooms of the same building, and which are not supplied from other sources with sufficient air for the consumption of fuel going on in them. Font air, carrying with it particles of soot, w thus dissemi- nated throughout the rooms, to the detriment of health and cleanti- ness.* In order to moderate as much as possible, the inevitable loss of heat which the use of open hearths involves, and yet retain all the advantages of the open fire, numerous contrivances have been devised at diflerent times, and amongst the most successful of these are Syl- vester's stoves, which are now becoming very general in the best arranged houses in London ; the fuel is placed upon a grate, the bars of which are even with the floor of the room, and air is supplied to the ash pit below by a series of passages which pass under a hearth composed of separate bars of iron, arranged in a radiating or other- wise ornamental manner in front of the grate. The radiant and con- ducted heal from the fire is thus made to wann the hearth »iid the air passing below it, which is consequently warmed beforu reaching the fuel, and in an economical point of view this is of course advan- tageous. The warm hearth and the low position of the fire are also means of disseminating tlie heat much more efTectually than is done by the ordinary arrangement of the fire-place. The sides and top of these stoves are constructed of double casings of iron, and in the sides a series of vertical plates, parallel with the front facing, are in- cluded in the interior, which coltect, by conduction, a great portion of the heat generated from the dre, the mass of metal of which these are composed being so proportioned to the fuel consumed, that the whole can never nse above the temperature of 212*^ F. under any circumstances. The sides and top of the stove are thus coarevted into a hot chamber, ofTeriog an extensive surface of heated metal; at the bottom, by an opening in the ornamental part, the air is allowed to enter, and rises as it becomes warmed, traversing in its ascent the diflerent compartments formed by the hot parallel plates, and is al- lowed to estrape at the top by some similar opening into (he room. A current of air is thus constantly traversing (tie hollow sides and top of the stove, colleciing the heat communicated to the metallic mass, and disseminating it through the room. If allowed to enter the room ■ On the heBling by Aum IVom anihiante rurnMM, kml tiM rvfleclions wbidi led Kk ■ thu tnal« of rmpinyin^ tli« Tuel, ■«« aborv pp. 99, 99.^Am. E*. m BSATIIfG AND VENTILATION OP DWELLIKGO. 455 by the top aperture, the air would now be in the rarefied, dry state -which i« considered very unwholesome; a basin of water is conse- quently introduced into the top of the arrangement, and evaporates rapidly by exposure to the air, comroanicntinglo it the proper amount of moisture. I^igs- 182 and 183 represent two modtRcations of these stoves : the one, Fig. 183, is intended to stand forward in the room ; the Pig. in. Fig. IS3. m^ other, Fig. 183, to fit into the recess of an ordinary chimney. At the back is aseriesof loMvres or flat bars like those of a Venetian window blind, by opening or clo^ng which, a greater or less draught can be created, according' to the amount of combustion required. The whole opening into the flue behind can be closed when ihe lire is not in use, by one of Mr. Sylvester's patent adjusted sliding-doors. Fig. 184, which form a valuable addition to every chimney, and from their important applications to other technical purposes connected with the econt^ Fig. IM. l^i^HHpnoiH^ ^n- b^^^-'^ 456 BSATIMO AMD VSHTILATIOK OF DWELLIHOI. mical use of fuel^ deserve more particular uotice. These doors an coDstructed in such a manner that they slide io contact with the planed surfaces, a portion of their weight being distributed against the sliding surface, for the purpose of preserving contact; thej are provided also with friction rollers to support them on their bearing bar, and in order that they may be easily moved. Chimneys not in use can be completely closed by this contrivance, and the disagree- able downward currents, mentioned above, are most effectually stopped by closing the door. These doors will also be found of muta service in the case of a chimney taking fire, for by closing the door all air is prevented access to the burning soot, and the fire speedily extinguished. Applied to furnace or boiler fires and ash<pits, in the manner re* presented at Fig. 185, they afford a means of regulating the draught to a great nicety, and thus supply one of the most important condi- tions for moderating the combustion of fuel. For these purposes they may be lined with fire-brick or clay. Fig. 186. Fig. 1S6. The same contrivance is applied to soot or fine doors, Fi^. 186, introduced into chimneys for the purposes of cleansing, which can thus be accurately closed, and will prevent any interruption to the draught from side car* rents. , The economy of heat and fuel is very great in the kinds of stoves or fire-grates wbi^ have just been described, but the air which' supports the HEATltEG AND VENTILATION OF DWELLINGS. 457 i combustion is supplied in the ordinary manner from adreniitious sources, and the only modt; of remedyine this, with proper attention to ventilation at the same liine, is by atfording a distinct entrance to pure air from wiibout the building by some pa&sage made i-xpnrssly for that purpose. Mr. Sylvester recommends tliat a subti^rranean pa^ sage be made from the basement of every )iou!t« to th«; garden, that the entrance to this passage be furnished uith a kind of revohing hood which shall turn eusil^' and present an opening To the wind, that the air which enters this passage be caused to traverse the heated sides of a lar^ store, constructed u|K>d llie same principle as that dtscribed, and be conveyed from thence to the diflereni passages and rooms of the whole house. The extraneous entrance of air is thus rendered unnecesj^ary, the air which is supplied may be healed in cold weather to the proper temperature by the slove in the bssemenT, and being supplied in this stale to the dwelling- moms, no unpleasant or injunoua cold current will be felt, a small fire in the grate of each inhabited room will cause quite suQicient draught to afford a constant renewal of fresh air, and the small quantity of fuel which will then be requisite in each room, will fully compensate for the consumption in the large general fire below tor supplying the constant current of warm air. In summer, the same arrHngcment will be a source of ptire cold air, which in winter supplies warm air, and thus perfect ventilation will be established independent of windows, doors, Stc. For large buildings, churches, theatres and rooms where great num- bers of persons are ronslanlly congregated together, a thorough sup* ply of pure fresh, but at the snme lime genial atr, becomes an object of the greatest consequence, although, until lately, it has attracted but little attention. Uur chufches are, for the most part, filled with roasted and over-heated air, and the upper parts of our theatres can- not be endured by persons of delicate constitution. The inconve- niences attending the want of proper ventilation are, however, be- ginning to make themselves felt, and numerous plans and experiments have b«eD undertaken to eflect this in the most complete and econom- ical manner. The plans proposed and carried out in some of the large buildings, are so various and in manycnsessoneWfthat they must all he considered in the tight of experimt^nts, the respective values of which can only he asctrrtained alter a more lengthened trial has been vouchsafed them. The main object is, however, Ibe same in all, and involves ihe supply of a certain portion of fresh air to a cer- tain locality, either warm or cold, within a certain space of time. Hie amount of air constituting this supply varies, of course, with each individual case. Indeed, it does not nppear that philoMphers are agreed as to the mean quantity of air required by a number of individuals during a given time, and until this point has been defini- tively Settled, the calculations which must obviously be based upon it, will necessarily dilfer according to the standard assumed by each observer. There can be no doubi, however, that it is preferable in ibe meaolime, until that question »butl receive a dehuite answer, to 458 HKATIKG AND VEITTILATIOH OP DWELLINGS. supply an excess oi fresh sir rather than a deficieocy, vhich has ss yet been the preraleot ertor in practice. In the British House of CommoDS, vhich hss been renttlated uoder the superintendence and according to the plans of Or. Reid, the sir is supplied to the basement of the building, passing first throudi s fibrous veil 42 ft. long by 18 ft. 6 in. deep for the exclusion of visible aoot, it arrives at the heating apparatus, consisting ofla^ chambers intersected by steam pipes, and proceeds from thence to other cham- bers, where it can be mixed with cold air and brought to any required temperature. The floor of the house is double, and the space bebw the floor can be connected by means of valves with the hot-air cham- ber. The floor is perforated by a great number oS apertures, and these are covered with hair-cloth, so that the hot air in escaping from the floor into the body of the bouse is infinitely divided, and no per- ceptible current is experienced. Having performed its functions, the vitiated air ascends to the ceiling, which is also double and perforated, in the same manner as the floor, whence it is carried ofi* by the draaght created by a powerful fire under a chimney shaft erected in aoouer part of the building. The plan adopted by Mr. Barry for warming and ventilating the House of Peers, the royal ante-chamber and the public lobby, differs from that just described both as respects the admission of the air and its removal. The floors of the rooms are impervious, and are heated in the first instance simply by the passage of hot air below them, the hot air then escapes by passages along the external sides of the rooms to the ceiling, which is divided into two compartments; the one for the admisMon of the warm air, entering at the sides from below the floor, and the other for the exit of tb^ vitiated air. The warm sir after passing below the floor to the roof becomes somewhat cooled, so that its temperature on entering the ceiling is a few demea lower than that actually present in the room; it consequently deicendf to the level at which it is at once heated again, and, deteriontcd by combustbn, respiration, &.c., rises through the centre of the leom, passing through the ceiling to a foul-air chamber above, whenee it is conducted to a chimney and carried 00* by the peculiar motiTC poser first applied by Mr. Bell to the production of drau^t. This pover consists of a jet of steam, which, when produced under pressnre at 38 lbs. to the square inch, is capable of setting 217 times its balk of lir in motion ; 10,000 cubic feet of air are thus gradually diffused thnngh the three apartments per minute, no draught ftf any kind u penqh tible and no inconvenience is experienced from dust or olbec md particles being carried mechanically forward by the air, ii uiudto be the case when the air enters from below. In other cases in England, as at the prison in Milbank, warn air is admitted at the ceiling and carried off by the draught of a diuuiey in connection with the sides or lower part of the rooms. At the Re- form Club House, and at the new Hospital for Consumptive Patients at Brompton, warm or cold air is forced forward, or pumped into chao- nels conveying it over the whole building by a steam engine in the const' MPTIOK OF SMOKE. 459 baeetnent, and is allowed to find its own escape through chimnejra and other apertures. COHSUUPTtON OF SMOKE. The prevention and consumption of smoke have of late attracled greet nttcniion. A committee of the Brili&h Hoiifu? of Commons has <'oUected endence with the view to legislation, while the Health of Towns Commissioners have drawn incrfrieed altenlion to the whole subject by an attempt lo estimate the many damages the public sus- tain from uQconauraed smoke. There have also been nearly forty patents secured in England, independent of many other plana whick have been suggested, a» capable of removing or modifying this evil. The previous section on heat and light, contains all that is neces- sary in (be way of general remark on this subject, from which we readily infer that smoke, [by which is meant the black carbonaceous panicles,) is either the result of a delicienl supply of air, or of too great a supply at too low a temperature. In countries where bitumi- nous coal is the chief fuel, it is extremely diihcult to employ a plan which shall be applicable at once lo the volatile portion of the coal and the coke which remains on the grates. Where anthracite is em- ployed (his nuisance is wholly avoided. It would be impossible to notice all the plans which have been proposed to accomplish Thi.s ob- ject ; we can only revert to (wo which appear to have been the most succes-^iful. Mr, Williams* plan consists essentially in admitting a current of air behind, or through the fire-bridge, in several small jets or streams, rig. 187. 460 CONSUMPTION OF flMOKE. as rf-adily to mix with the mass of healed hydm-carburets in tbc escape from ihe fuel on th? grMe bars, as shown id Fig. 187. k reprt senis Ihe boiler; d ihe 5re-ttoor tinted with firr-clay; a the ash-pitf whence ihe coke on ibe fire-grate obtains its supply of air ; g the nre- hridge, behind which is found »n iron box e pierced with a number of small holes, through which the air streams from a tube b rommuni- t-Dling with the oulside. The space^ is intended lo act as a difru8i<^^H chamber for the more perfect mixture of (he air and gases. ^H The other plan ia that of Messrs. Howard and Co.*s. Fig. 188 Fif. 1S9. represents a front view of Ihe boiler and fire arrangements, where is the boiler, b the feedine door, c door for removing the cioders, &Ci d the ash-pil door, through which the admission of air is regulated slides, e another door for the regulated admission of air lo the posterW |>ar1 y of the fire-bridge g, Fig. 188. The cooking plate A must I ouill of fire-brick or stone. The coal is first coked on the above plat^ and then pushed over on to the grate bars, where there always esi a bright surface of burning coke. The gaws gcneratctl in cokingj I fresh portion of coal pass over this heated surface before they come contact with a fresh supply of warni air aty, and thus an almost pt ' feet combustion of smoke is the result. The saving in fuel produced by Ihe^e plans varies form J to J the whole, and was, therefore, well worthy the attention of nianufa turers; and where there exists a prejudice against patents, a vt beneficial result would follow tbe previous coking of the coal or broad plate made of stone in front of the fire, and the admission of] fresb supply of air at tbe back of the firebridge.* • BilcrrV impfovtrooni in «™m Uiilw funMuw* rMCTnWr* ihe »hc*r, • t*tr:nt».]iy u( m cuntMiM of IriJftt rntm-ttmr* Hve or nu>re tn nuniljer, Vjinil (liiianrr* ntonp iltP flrn-Hii'- fium fnml to n-«r of titr tmilrr. Km-h to nik' CBrC InU'^ill* Uie tmir intPlxk-it 111 (rvrtd^rnti' lJ|'«-itftl» ilm tiU |ri«»i^. •ihI (it>p t'l l<l or Ikem oeaictL Uia pnte k» futniibeil witb ctiwntwra anJ pcrrumud plate LAMtt. 461 LAMPS. Oil Lamps. — The principle of the lamps conslrucletl by Benkler ami Riihl, and clt'scribcd in Ihe text at p. 200, has also been farri«l out in Eng'land in the lamps first introduced b}* Mr. Smith, of Birminghnm, under the name of Solar Lamps. The main point in the peculiar construction of these lamps, is the manner in which the air is caused to impinge upon the flame by the adaptation of a metal- lic or gloss cone, represented at a in the fijjures below.* The intro- duction of air at this paiticular part of the ilsme, or at this certain Fi(t. 1S9. angle, admits of crude cheap wl being consumed in the lamps, which would produce smoke if burnt in lamps of the ordinary construction. Tbe combustion of this oil in the ordinary manner being aitemled by ^•dmiinon of air tn burn anjr comburtibln f»»e». Like Hcw«r<< St Crv's, Bnkei'i TitrtMre ■Inadaiitslh* bol inm tu plnr«piiii*t the rwtr cful of lli« l'>i!(rr. S>v«-nil Diniiurnptiiffri anH (ri)uTH \mvr vnificil w the )ulv«nM|CP of llii* ■mniPBmeDt of tumme^t. (>^>v)tl|{ ttmt ihc piin in rynpcirniiro power of fuel Ottt dM old Aetottit* pbtn ot MnanKirtg rj-lin tlnnlflcnrnlN^iitrrs.Bmouni* in mmtaeatnto iM«Hf 100 pvt c«jii. Tli«f»tri» m llputy T. blt«Y nf Bnotnn. bmn data May 30. iS-tC— Am En * For dofcriiiiion of CorDt-liy*' loiar Innl Ump, *(« abbft, p. 910j— A«> Ea. 2o* i 462 ELLIPTIC LAMP. an CTolution of smoke ind smell, ioiliratiDe ao imperfect consamptioB of the constitueDti of the oil, gives Hm to the necessitj for an iocreased supply of oxygen or air to that partirular part of the flame where these uncoDsamed portions are erolred, to produce the inodorous and invisible products which alone should result from perfect combustioo. The oil in the solar lamp is contained io an annular Tessel, similar to that described at page 141, and the lamps are constructed io pre- cisely the same manner, with the exception only of the burner. The first form in which the new burner was introduced, is represented in section at 1, Fig. 189, and consists of a solid metallic box fixed upon the circular wicx-holder of ordinary construction, so that the cone or contracted aperture a, shall be barely |tbsof an inch above the top of the wick'holder ; this relative position is obserred in all the burners. This form of cone box was found very inconvenient by becoming exceedingly hot and throwing a considerable shadow ; it was conse* quently toon superseded by that represented at 2, Fig. 189, in whidi the metallic box is very much diminished in size, and the cone is compoaed of glass, with a smaller ring of metal round the mouth a. This ring of metal is essential ; it* is necessary that the aperture should be always of the same diameter, and glass cones can never be made with sufficient nicety to present at all times an exactly similar mouth. Messrs. Whitfield and Hughes subsequently replaced the solid box, by the open skeleton cone bolder represented at 3, Y\g. 189, called the screw cone glass-holder, in consequence of the tall thin chimney being screwed on to the top of the holder. Hie last improvement u the ^ate cone glass-holder of Mr. Smetharst, represented at 4, Fig. 189, in which the metallic cone is replaced by a flat metallic ring fixed upon a skeleton support, the external edge of which fits closely to the glass chimney. In the last form of burner, little or no external current impineet upon the flame from the outer sides of the cone or its substitute; hnt the flame is only forced inwards so as to come more completely in con- tact with the current of air passing through the interior of the burner. The solar lamp has been extensively used in consequence of the low price of the oil which it consumes; it requires, however, a good deal of care and cleanliness in trimming, the wick must be freely cut every time the lamp is used, and the reservoir should be refilled with oil. A form of pressure lamp, called the Elliptic lamp, in which the coii- Rtant flow of oil to the wick is regulated in an ingenious manner, has been patented by Mr. Meyer, and is found to answer perfectly, even when crude vegetable mis are consumed in it. Fig. 190 represents an entire section of the lamp, the foot of the lamp forms at the same time the oil cistern, it is of a cylindrical shape, and a leather piston or valve B, is worked up and down in it by rack and pinion seen at X, F is a spiral spring of strong iron wire fixed at the top to the solid stem of the lamp, ana exerting a constant pressure on the piston, so long as it is in any position above the bottom of the oil cistern. The tube D, which opens at the bottom in the shape of an inverted funnel, ^^^^^ E L LI "tic la mp7^^^^^^^^P^^4SS^^^H H flod ends in a disc pierced with y,^^ i^o, ^H ^ holts, suppliestheoi toihebiirn- . . ^m 1,1 er, and passes in an air-light ■HP^HI 1 H manner through a stuffing box in H the piston £, and can thus b« ^ H ronved with ease, the piston re- ^m ■ H maining stationary. This tube ■ H D is widened above on approach* ^B ~ ing the burner, and receives a ^^H 6ne silver tube several inches H B long, and ,\,th of an inch inter- ^^H H nal diameter^ which is surrouiid- ^B 1 ed by a cap of gauze, made of ^^^L H copper wiru' tinned, to prevent ^^^^^^^^Hl 1 corrn^on. This gauze has very H small mesbes, that no solid H particles mechanically mixed ^1 ^^^B H vriih tbe oil may be carried up ^^l^_ .^^l^^^l H into the silver tube, and thus im- ^b '#iH H pede or altogether slop the pas- WB9MWM H sage of the oil. Tbe whole of H the oil muBt pass through the ■ silver tube before reaching the ■■ '" mIH H burner, and tbe friction thus ex- H eried against the staea of tbe 1^ '^1 ■ narrow tube is tbe only resi^t- B ance oSered to ibe oil, nhich ^^Hi ^^ 1 would otherwise be forced np all ^^^1 H at once to the burner by the ^^^^1 ^^H ^^H H pressureofthespind spring, lliis. H therefore, is tbe regulator for the 1 supply of oil, and must be so ^^^^^^^^^Bfeiik ^^^^H H proportioned in length and bore H to the force of the spring, as to H admit of a constant excess of oil H flowing to the wick and over the ^^^H^^^l H sides of the burner, where it is ^■^^^■^H H caught in a receptacle, and car- 1 B ried back into the oil vessel at ^^^^^^^^ ' ' ■ ^^^^^^^^^^H^^^^^^^^^B H the fool of the lamp. The lamp ^Hik ^W^l H is hlled with oil by slightly rais- ^Hi HKH H ing the whole interior portion H from Lt and pouring oil through ^^H( 3HH 1 ^^H^ VSH H the stem to the cistern below ; ^^^Hi 'Wl H the oil then rests in the first in- H stance on the top of the pi*tton. ^m^^^^H^Avri B^i H The whole interior portion of the H lampisthenwound up by the Itey H S K and the rack-work L, until 1 -464 ZCOKOMIC LAUP. Ihe top of (he cistern prevents the piston B from nscendinj; higber. The tube D and the burner, &c., attached to it, is then puslied dova by the hand ihroush the stuffing box until it attains its ont^inAl posi> tion. The oil whirh was previously above, having passed during the ascent of Ihe pislun between it and the wdcs nf the cvlimler, is now below the pi5lon, and the spring in forcing the Inttcr down will lend to force the oil out through the tube J) to the buraer. The force of the spring and the resistance olfered by the silver tube are so propor- tioned that the supply of oil shall last 8 or 10 hours. The thick consistence of crude whale oil offers such powerful re* mstance to the action of capillarity at the ordinary temperature of the air, that the oil cannot be burned in coranion lamps, unless it is pre- viously n'ndrred more fluid by Ihe aid of heat. To effed this a very ingenious form of lamp has been introduced by Mr. Parlcer, called Ihe Lcnnnmic, or hot-oil lamp. The oil reservoir of this lamp, Fig. 191, is composed of a double cylinder surrounding the upper Vif. 19). part of the chimney, which is constructed of metal and slightly curred outwards, so as lo reverberate the heat upon the oil vessel, and heat the oil to a considerable exlf^ni. The hot oil then descends by the arm to the burner, aa shown in the figure. The lower pari of the arm, which is attached to Ihe oil vessel, is Ibrnisbed with a slide valve worked by ihe trigger, so that the supply of oil can be cut off by FHising the trigger, and the oil vesstfl entirety removed from the lamp for the purpose of filling, &c. The oil is infrodurfd by this vnlve, the oil cistern being inverted, and this should be refilletl each lime the lamp is used, care being taken that no air remains in the veosrl, aa Ibis wnuld be rxpnnd<^l very much hy the beat, and cause the oil to overflow. CAMPaiNB LAMPS. 465 The flame ii regulated bjr raising or lowering the beI)<roouthed glass cbimoey, which rests upon three points below and is mored by rack and pinion ; the wick is not movable, as is the rase in ordinary lamps, and a ftfsh wick, which is accurately cut by loachinery ex- pressly for this lamp, must he inserted every (imp the lamp is nspd. A paper or glass jsliade surrounds the whole of the upper part of ibe lamn^ acconling as the light is reijuired to be thrown dnwnwanis or uniformly ditfiiswl through the apartment. Dr. Ure has reported the illumiaating power of this lamp to be superior to that of Carrel's mechanical lamp, and when consiirattig southern whale oil, it wnuld appear from his sJatements to desen-e the appellation of the " Eco- nomic" to the full extent of the word. Camphine Lumps. — It is only within the Inst few years that oil of turpentine or camphine has been successfully introduced into general use as a source of illuminalinn, and it is by applyinf; the prinriple of Ihe solar cone in an extended manner that ihis highly carbnnaceous substance can hp completely and conveniently consumed. The method of procuring oil of turpentine by dislillation from the cnitletur* penline has already been noticed at page 1 29, but rhe oil obtained from the first distillation must be repeatedly rectified over chloride of cal- cium or some similarly active substance in order to free it from all water. The pure oil is clear, colorieps and very mobile, it has a pecu- liar smell and a burning taste. Its specific gravity is O.Sfi to 0.87 ; the commercial oil is frequently adulterated with resin, which raises the specific gravity, and which increases in quantity when ibe oil is exposed, in consequence of the absorption of oxygen from the air. When pure, the oil boils at 312*^, and contains no oxygen, but con- sists of: 88.46 carbon 11. &4 hydrogea 100. which corresponds to the formula C„ II,. A glance at the composition of this substance, containing so large an amouoi of carbon, shows that it must be a powerfully illuminating body, if proper modes can be Rdopl(-<l of supplying a sufficient quantity of oxygen or air for the entire consumption of the two combustible constituents, and at the same time so regulating the order of combubliun that the full amount of light shall be obtained from it. Mr. Young was the first who applied the increased draught of air produced by a cone 1o the flame of oil of turpentine. The burner of Young's Vesta lamp is shown in Fig, 193. It is an ordinary .\rgand burner with a Liverpool button <i, for deflecting the internal current of air, which enters by a space left open near the pinion handle and I passes through a, against the inner side of the flame; b is the wick H tube and e Ihe space between the latter and the cone, which only rises H in this case to the same level as the burner. Through c a current of ^1 air impinges upon the Hzme at that part where it is expanded by the 466 CAMPUINE LAMPS. Tif. \n. button a and the internal current of air, and again the air in passing up Ihe inner sides of the chimnpy is deflected inwards upon the ilami by ibe contracted portion at e. is the pinion'handte for raJKtng of | lowering tbr wicW. The whnle of i the burner i^acrewed upon Ibe glasf vessel <^^nlaining Ihe oil of turpen- tine, and completely insulated by it ring of wood oc other non-conduct- ing material ; no metallic tube passes through the spirit to supply air to Ihf interior of the flame, as it was supposed that this would become Iw strongly heated and give rise lo acrid and offensive fiimes from the %'olalile spirit. Fig. 192 shows a plan of Young's burner. This lamp, when properly managed and yupplitrd with pure carupbine, givefi an excellent light, much su- perior to that produced by any oil lamp; but if attention is not paid lo the management, or the r.am- pbine is not pure, it frequently evolves a strong smell of turpentine, producing head-arhe and other dis- agreeable sensations, orlarge Oakea of soot escape ttnconsumeil and cover everything in the vicinity. The evolution of smell or soot is always (he result of imperfect cotn- buKlion,and the lamp has been mo- dified in different ways lo avoid the posfibilily of unconsumed pro* ducts being evolved. The lamp which fulfils ihe con- ditions for the perfect combustion of camphinc in the most success- ful manner, is tbe Gem lamp, pa- tented by Mr. Roberts, a section of which is shown in Kig. 193. It differs from Vounu's lamp, in the mode of deflecting the currents of air, and in allowing t)ie Argand lube supplying the internal cur- rent of air to pass through the reservoir containing the oil of turpen- tine. In Fig. 193, a is the tube supplying the internal current of air which passes through the reservoir o to the burner d, with which it is in metallic conoeciion, ajid it is not found that Ihe turpentine is heated by this tube to more ihan 1 or 2 degrees above the tempera- ture which it attains in Young's lamp; the temperature of tbe spirit CAHPniITE LAMPS. 467 both cases being from !0 to 15 tlegrees abore ihe temperature of KiK. IM. I in (he surrouadiitg air; and ibis api>eBr)t to be do more than is required for the pro- per action of lamps of this descnptioD. The button /, which deflects Ihe inner Cur- rent upon the Qami*, and forces Ihe Haiue to lake an outward direction and cotne into contact viih (he first outer currenl. has the form of an inverted cone, and the deflection of ihe air is con- sequently not 50 abruj)(. The supply of air lo ibe in- side and outside of the cone is regulated by a series of hoWs drilled in ibc brass gallery, and (be number nnd size of these holes are proportioned to the «xc of Ihe burner, or (o the qiian- lity of air admitted through Ihe internal i-hannel. Fig. 19-V i^how.t a plan nnd section of the gallery, C is the space occupied by the inner current of air, deflected outwards by the butlon. Ji ihf first series of holes ad- milting air to (ht; interior of the cone, and B tlic series of holes through which the air passea In the exterior of the cone. The circle .'7 has 3*^ holes, drilled with a drill I'jth of an inch lit diameter, the circle B has alw 3^ holes, drilled with a drill ^^^h of an inch, this number and size of the holes having been fouwl by a jieries of experiments most advantageous for a burner of the dimensions represented in the drawing. The coner, Fi^. 194, in Ibis lamp rises above the level of the witk tube, so that the inner cur- rent of air and the first outer current meet the llanie below Ihe button Bl the point represented by the meeting of the two arrows, t'ig. 19.1. Tbe outer current of air. passing through the holes in the circle 0, meets ihe tlaiue »t a higher levrl, and insures the complete combus- tion of any products that may have been unconsumed after passing I I I k 468 CAHPRIKC LAMPS. the jwinl where the arrows meet. The height of the chimney will of course tiiaterinlly Hirer the liraiig'hr, anil an nddtttonal quaotity of air must be admitti^J if the chimney is beighteoeJ. The proper quantity of air and Ibe direction of the ditferent currents to those parts of the F^. I»4. flame where they are most beneficial are the objects aimed at in the consiruclion of this lamp, and they appear to have been attained more perfect!)' in the Gem lamj>, than in any other fipirit lamp yei invented. A Gem lamp of the larger form is reported to give a light equal to 20 wax candlea ; the light Irom oue of the ^mailer size is equal to 13 wax candles.* • S*f aim?'-. [1. *tfl, lof 0 ■t.>«ciiplw» of Grc«aoii]jli's diemkiil ujl lamp, wl.iAi c!owl]r 470 CANDLES. along a whole range of them at once; a slight twist being given the whole of them the of thf "hine. The operation ilipping candles is also performeil more rapidly by a machine similaj^j to that represented in Fig. 196, each broarh being .supplied with i^H number of wicks in the manner describetl above; yo of these broach^^^ are ranged side by side, and then constitute what is technically termed njTanu. From 30 to 40 of these frames may be suspended upon the same machine, which will then supjiorl many thousand candles at the same time. A ve»sel of melied tallow is placed in the front of each machine, and the frames are brought one aller the other immediately above it and dipped. By means of a lever moved by the foot, a wip- ing-board is lowered after eacli di|iping, which wipes (he excess of tallow from the lower ends of the candltii. A kind of steelyard, which indicates the entire weight of the whole frame of candles, enables the workman to ascertain when they have been dipped a sullicient num- ber of times, and when that has been effected, the frame is set aside, that the candles may become dry and hard. The machine used in the manufacture of stearine, cocoa ^stea tin e, composition, and other mould cHndles is still more deserving of notice, as in ditjchiirging the one set of candles from the moulds, tt rewicka the moulds for the next process of filling, and thus saves a very great amount of labor and time; a frame of metallic moulds is furnished at the one end with a wick box, in which a separate ball of cotton is preserved for each mould. The wick-cottons enter the mou!d.*i at the top, and are forced forward all at once to the lower end, by ihe same contrivance as pushes out the candles already lbrute<l in the moulds; as GQon aK the wicks arrive at the Iowlt end of the moulds they are held tight by a series of forceps attached to a rod, and the frame is wicked for hlliQi;: the frame is pu; ready along Fi((. i«. boring railway by a hoy, as shown iu Fig. 197; it passes througbj hot cupboard that the moulds may be warmed to a certain temper GAS FOR ILLUMINATinN. 471 I I I tare, and is th«n filled frooi a vessel containing Ihe fluid fat by ns many cocks or outlets as there are moulds lo l>e filled ; a certain time is then required for the material to harden, depending of course upon the nature of the mixture, the forceps and the superftiioua lallow or composition is remored, and the frame is returned hy the railway on the other side of the wickln^ machine. 'Hie working of this machine may be understood by referring to the rougb sketch, Fig. 197; 6 is a frame of moulds from which ihe candles u, hnvc jiist been discharged by the workman drawing forward the series of rammers c, which fit into the moulds and force out the candles, whilst the cotton for the fresh wicks is brought forward at the same time to the further end of Ihe moulds; a circular knife is then passed along a groove between a and 6, and cuts off the wicks of ihe candles l)iat nave just been forced from ihe moulds, and these are prevented from nhiOing their position whilst the wicks are cut by pressing down the niece of wood, cut to fit them, which i.<i seen in the hand of the workman in Ftg. 197. The candle.s a are now finished ami removed, ami Ihe fresh ■wicks, which slightly project from the empty moulds, are fixed all at once, by the forceps, and the frame is again sent along the railway to be filled. The number of candles which one set of men employed upon one of these machines can manufactore in a short time is sur- prising. GAS FOB ILLUMINATION. The mimerous improvements which are rnnstantty being intro- duced into the manufacture of gas for illujninating purposes, the im- proved methods of production, purification, distribution, measurement and consumption, are many of them of such a character, that the practical gas engineer is the only person capable of really estimating (heir respective values. We shall, however, venture to describe shortly, some of ihe more important improvementswhich have recently been brought into public notice. In the first place, with reference to retorts and Jitmaeett 'be wear and tear of (be cast iron retorts exposed to the intense heat necessary* for charring the coal in a proper manner in the onlinary gas furnace is so very considerable, that recourse has been had to several expedients for lessening or removing lhi» evil. Grounds have been made of fire- brick in the shape of the retorts, and placed round them as a protec- tion against the intensity of the Hame; thus, the iron retorts are, as it were, ptaqed within a clay retort, but, as the iron becomes rapidly oxidized on the outer side of the retort, and is in contact with the clay, the heal is often sufficiently intense to cause a futfion of the oxide of iron with the ingrclientsof Ihe clay, and the retorts are found to wear away more rapidly when this is the case, whilst the brick-work sup- porting them IS also destroyed; the fused mass is oAen deposited m (he flues, or other parts connected with the furnace, impeding Ihe draa^t, or otherwise forming an obstacle to the proper regnlalion of tMpracess. The use of clay retorts entirely supersedes these difit- 472 OAS RETORTS *KD PtJRNACSS. eulties ; but as the ciny retorts require a much greater intensity of heat, and consequent I y larger amount of fuel to heat them than retorts of iron, the consuiaplion of fuel is wasteful or a great portion of the heal is lost when clay retorts only are employetl. Tbeobserraiion of these facts has given rise to the adoption of both clav and iron re- torts in the same fumacPt in such a manner that the dimcuUly heated day shall receire the great intensty of (he furnace, whilst a number of iron retorts arc exposed to the mntleratH artion of the heat, which would otherwise escape unused. Fig. 198 is a front view, Fig. 199 a cross section, and Kig. 300 a longitudinal section of the ovens am' retorts as constructed upon the plan of Mr. Croll. Fig. I9S. An oven is first constructed of given dimensions, according to the size of the retorls to be used, and five iron retorts B J?, Fig. 1^, are set upon three brick pillars each ; three of the retorts are arranged towards the lop of the oven, and the two lower ones are set upon flues ft )nrhp|» ui iiii: u*(;ii, uiiu iiif i»w luwtrr uncs are »ei uj>vii iiura 6 inches high, running the whole length of the retorts, (compare cross section, Fif,'. 199.) -^nd open al the backs. Immediately above this oven is anoiher of given dimensions, in which are place»l seven rejjjfta GAS HBTORTS AND FURNACEft. 473 of fire-cU}- C C C, Fig. 1 98 ; five of these are above ihe furaare or filing Ji, aoU one is on each side of it. The furnace Jij is 3 feet long. Fix. IW. and 1 foot 6 inches wide, Inpering to 7 inches at the bars D D^ of which there are two. F, Fig, 200, is a trough contsinliig wnier for nulling the bars, &c. The tui-'I in Ibis furnace assumes the jnrra of a wwljiv, the object of which will be afterwards explained. Coke is the fufi used in this furnarc, and it will be seen bv referring to the direction df the arrows in the i^mss section, Fig. 199, that ihe flame pn>ceeds from the furnace over the two lower cIbjt retorts, and from thence (see longitudinal section. Fig. 200,) passes along their bottoms to the further end, where it descends through openings in the arch to the oven below, and comes into contact with the front of the upper iron retorts, when they are arranged, as represented in Fig. 2(X), with their cnouihs on the opposite side of the retort stack; the heat then traverses obliquely to the bottom of the oven at the back end, where it passes underneath the two lower iron retorts, and is conveyed lo their front, descending at last into the main flue E, Fig. 199, which runs transversely with the settings, and thence to the chimney, which is only about 3 feet above the ridge of the retort house. It is found. puniricATioN OP gas. 476 ■ ■ I I lerial alteration, nor is the btick-work upon which they are supported in anj way the worse for wear, A very coasiderable saving of fuel is also effected by the use of the arrangement described above ; only 24 per ceot. of the coke produced being consumed in heating the furnace, whilst upon the old plan, 45 to ftO per cent, is generally required." It may be proper here to mention Mr. Lowe's reciprocating retort, which is of very much larger dimensions than thai in rommun use, and is open so as to be charged at both ends, and furnished u-ith two sets of pipes, one at each end, for conveying off the gas. One of these pipes can be caused to dip less deep into the hydraulic main than the other, under which circumstances the gas will escape b^ that aperture at which the less presiiure is exertea by the liijutd in the main, and by reversing this pressure, the ens will take the opposite di/%ctioD, and escape by the other pipe. The retort is charged only half way at 5rst, when the tar escaping in contact with the hot un- chained portion of the retort is partially converted into gas, and thus the quantity of gas increased. Wheu this portion has been worked off, the retort is charged from the other end, and the exit pipe at the opposite side is subjected to the lesser pressure, by altering tlie level at which the pipes dip into the fluid of the main. The ga.s generated from this second charge traverses the hot coke of the former charge, and the tar mixed with it, is again partially converted iuto gas. This retort is said to mve more gas, and that of better average quality than is produced by those in ordinary use. The air for sustaining the fire in the furnace may also be heated before ii has access to the fuel, by passing it through channels already heated by the funiace, thus effect- ing H saving of fuel. This plan of healing the air befiin; its admis- non to the grate, has been introduced into France, where fuel is ex- pensive, and economy in its use important. Pur^caiion of Gas. — Numerous plans have been suggested at dif- ferent times, for completely separating the ammonia by means of acids from gas, but most of them have been relinquished, or not carried out from the expense necessarily incurred by the apparatus, from other practical difficulties, or in consequence of the illuminating power of the gas being deteriorated by traversing the acids. Mr. Croll has, however, succeeded in carrying out this desirable object in a manner to which these objections do nut apply, and obtains, more- over, a valuable product in return, which is extensively used in agri- culture, and useful for many other purposes. This purifying process consists in passing the gas, either before or after its passage, through the wet or dry lime purifiers into a weak solution of sulphuric actd* which is gradually increased in quantity as the acid becomes satu- rated. The gas is conducted into a circular vessel. Fig. 201, con- structed like those in use for the purpose of washing gas, and lined with lead, that metal not being acted upon by weak sulphuric acid. This Tetsel is separated at the bottom into a number of comparlments, (re- * At the PhtlmJelplitft gu works in 1844, thn ktnount of cokd umk) fiir beating reWU, M of inm. wm* M 4 ftt cent, wiJ in 1 M7, 50.4 par wnt of lli* wlioW ^uauiitjr (wo- iluoed, 8m b«k>w our tabic of iba aedoftof PIiUl Om Wfak»,—AM. £0. 476 PUftlPICATlON OF CAS. presented below in Fig. 201.) 8 or 10 incht!) in height, which support a teadeo plate covering the whole surface of the vessel with tb« Fig. SOI. exception of about 5 inches round the edge. The vesael is charged up lo the height of the plate with dilute arid, containing about 2^ lbs. of Bcid in 100 gallons of water ; the gas then entering from above, passes under the leaden plate, and is disitviuinHted through all the oonipnnmenl!i under the plate, and thus brou^^ht into intimate con- tact with the acid solution. The gas paiwes tbrougt), leaTing (be whole of its amtnonia in combination with the sulphuric' acid ; IbtSt however, soon becomes saturated with ammonia, and loses its power of absorbing a fresh quantity ; a reservoir of sulphuric acid is conse- quently connected by a slop*cock with the vesself and stipplies frejtb PtTBTTICATIOK 07 GAS. 47"! acid wheoever it U required. It is denrable to use two such vessels in large gas-works one after the other, and when these are 10 feel in diameter, and 3 feet deep, they will purify 500,000 cubic feet of g«g every twenty-four Itonrs, and will require re-charging with acid about erery second day. The lifiuor thus obtained, yields 80 ounces of sulphate of ammonia for every gallon that is evaporated, instead of 14 ounces, which is the arerage quantity obtnined from the ordinary aromoniacal liquor of the condensers. Chloride and sulphate of manganese, or chloride and sulphate of jEinc, may he used for the same purpose instead of siilphurir add, itnd the bases of these salts may be again combined with acid, and reap- plied to the purifying process. It is desirable in all cases where the retorts are exposed to much pressure, which causes them to become rapidly coated with charcoal, and is particularly requisite when wet lime purifiers are employed, to pump out the gas from the retorts by a small exhausting syringe, which may be worked at little expense, by a small engine, supplied with fuel from the refuse brees of the coke. The waste steam from this engine may be employed for evaporating the sulphate or muriate of ammonia, and a portion of it may be iDtro- duced into the main pipe after it has left the condenser, and thus help to condense some of the noxious vapors before the miirture of gRses enters the lime purifier. One great aiivantage of Mr. Croll's purifying process is, that it ena- bles the manufacturer to use dfy-instead of wet lime purifiers. When the former were used, without any previous absorption of the ammo* niacal compounds — as was formerly, and is still the esse, in many places — and the vitiated lime was afterWRrds exposed to the action of the atmosphere, the hydro-sulpburet of ammonia, which had been mechanically kept back by the lime, escaped into the air and gave rise to a most offensive and noxious stench. The whole of the am- monia being previously extracted from the gas by nn acid, no objec- tion of this kind can be raised to the useof dry lime. The illuminat* ing power of the gas is also salil to be increaseil & per cent, by separating the whole of the ammonia, and the brass and copper slop- cocks, tubes, and burners through which (he gas is conveyed, are much less corroded and stopped up than formerly; indeed, the use of certain burners, which will be mentioned in the sequel, is incompati- ble with gas from which the ammonia has not been separate*!, in consequence of the formation of an ammoniaeal oxide of copper which stops up the fine apertures of the burner. The fetid exhalations from the soil Riirmtinding the gas mains, thougli ^-nfrally attributed lo tar and naphthfl, is probably due in great part ^o ammonia and its com- pounds, and it is anticipated that this nuisance will be much dimin- ished by the use of acids in the purification of the gas. Mr. Lowe proposes the use of a coke column similar to that used for the condensation of muriatic acid, through which weak arid or ammoniaeal liquor is flowing downwards, nhilst the gas is passing upwardn, and is llins freed on arriving at the top of the column from all ammoniaeal vapors. 478 KAPHTHALIZBO OAK.' Mr. J. R. Johnson has very recently patented a new mode of puri- fyiug gas froci ammonia and its compouDda, which consists in the use of dry absorbents, and obviates the increased pressure exerted by the gas upon retorts, &c., when it is caused to pass through liquid purifiers. He em|iloys two classes of substances for this purpose,. such, viz. as ab.-u>rb the ammonia only and librrrnte, or only panially absorb the acids with which it was previously in combination ; ana secondly, substances which absorb the cninpountls of ammonia en- tirely, both acid and base. To the first class belong the .solid acids, boracic, phosphoric, &c., and the salts with an excess of acid, as (be bisidphates of potash, soda, or ammonia, the bjphosphates of the same bases and other salts of this class, the salts of alumina and some other earths. To the second belong the metallic salts containing the reqaisite quantity of water in their composition, but the salts of iron snd man- ganese are preferred on account of their low price. The mode of carrying out this process of purification is very sim- ple, and quite analogous to thai prdclised in the dry lime purifiers. Commercial sulphate of iron (green copperas) for instance, which contains a large quantity of water of cryi^talization, is reduced to powder in the ordinary manner, the finer the powder, the more ener- getic is the action of the salt, and is spread upon (he pierced shelves of a dry lime purifier in the same manner as dry Hme; the gas is then allowed to traverse it in one or moce compartments of the purifier, until turmeric or other test paper shows that the material ceases to absorb ammonia; when this occurs, the gas is conducted through a fresh purifier and rhe saturated copperas is cTchanged for a fresh supply of the salt. It is found preferable when one oithe latter clan of substances is used, to allow the gas to pass througli i( before en* lering the lime purifier, as time is then saved in tlie purification, the acids as well as the ammonia being absorbed, and a useful product generated by the union of the hydrocyanic acid with the iron. When employed subsequently to the passage of the gas through the lime purifiers, one of the substances of the former class will be found most advantageous. A slight addition of water to the powdtred copperas causes it to bang together, and rest better upon the shelres of the purifier. Acid phosphate of lime, containing some sulphuric acid, as ob- tained by the action of oil of vitriol upon bone earth, has been applied with success for the purposes of purification by some of the London gas companies; and the product, tlie phosphate of time and ammonia containing some sulphate of ammonia, forms a still more valuable manure than sulphate of ammonia alone. A'aphthaiized Gas. — The illuminating power of gas is very much increased by the presence of Tolatile hydro-carbons, and it is now many years since Mr. Lowe first introduced, or rather proposed a plan for saturating inferior qualitivK or ordinary coal gas with naphtha or with the spirit distilled fmm cnal tar, and thus augmenting its illumina- ting power nearly onchatf. The remarkable increase of light, how- Pig. 302. ever, produced by naphihilized gas, frighteDed the gas companies, who foresaw notliing but ruin in the diminished quantity of gas vliich i would oeuesssrily be wnKuined for the production of an equal amount pi light. Cold water was consequently thrown upon the project, and the invention has only been of benefit to individuals and not to the public at large, which would have been the case had it been intro- duced upon a large scale. Another objection to the iniroducliun of naphlhalized gas into private houses was raised by the insurance companies, the use of so inllam- mable a substance as naphtha being considered dangerous under any circuroslance.s; hut this objection can hardly apply at present, when nothing has been heard of the danger of burning caiupbine, a still mort^ intlammable bodv, and consumed in a manner much more liable to give rise to accidents, than that projmsed by Mr. Lowe for the use of naphtha. The original plan proposed was to fill the ordinary vet gas-meter with purified naphtha, which was kept filled to the same heii^'ht from a reser- voir in connection with it, upon the principle of the common bird Ibuntaiu. The gas was thns measured and salu- rated with naphtha at the same time. As danger was apprehended, however, from ihe large quantity of naphtha ne> cessarily contained in the metur, a box vith a lid closed by a water valre was substituted for it. This box was sup- plied with shelves, and separated into partitions, as shown in Fig. 202, and naphtha was poured upon the shelves from the funnels abore in small quanti- iic.0 at a time, or sponges were saturated with it and laid upon the shelves. The box was inserted at any convenient lo- cality in the circuit of the supply pipe, and the f»as forced to traverse the diner- em partitions in the box in the manner represented by the arrows in Kig. 202. The box may also be replaced by an ornamenial metallic vase, containing a sponge fdled with naphtha, and connect- ed with the gas-pipe in thi- manner re- prvsented in Kig. 203. The adv.intages attending tlie use of naphthalized gas are, however, not conlineil to the in- creased intensity and brilliancy nf the flame, and the consequent diminution of the quantity of gas required fur ihe lUcUuu uf an equal amount of li 480 GAS-METERS. bm h is of no less importance, that very much less heat is generated by the uombusiion of napbthalized gas than is produced hy that of roal gas, when the same intensity of light is generated from either source. It has been assumed, that in ordinary cases, the heating power of common coal gas is to that of naphthalized gas in the ratio of about four to three for equal quantities of light. It is obvioiix, there- fore, that naphthalized ^as will be greatly preferable to common coal gas for lighting ill-venlilated or crowded localities, and particularly during the snmmer season, when the external temperature is high. The light produced by the flame of naphthalized gas is also found to be more analogous to ihat of the sun, hence objects illuminated by it, as pictures, scenery, the face, &c., appear more in their natural colors, ami the humun face in particular, does not assume the pallid hue which is pecnlinr to it when illumined by a flame of ortlinary coal gas. Lastly, it is probable that inferior kinds of gas, containing a less proportion of carbon, (such, for instance, as are erolved from coke hiroaces, where the object of the manufacture is to retain as much carbon as possible in the coke,) will by impregnation with different hydro-carbons be converted into illuminating gas of as good, if not belter quality than that obtained from ordinary coal. Some slight alterations in the construction of gas-burners may be necessary for consuming gas, highly impregnated with carbon, without smoke; and Ihere is, perhaps, danger of the naphtha being condeostid, and de- posited in the gns-pipes in an injurious manner, pariicularty if the gas be loo much saturated with the vapor, but there appears little reason to doubt that these difficulties, and particularly that arising from the condensation of the naphtha, would be obviated or remedied, if j^ fair trial were only \'ouchsafed the plan upon an exleosive scale. RAS-METFJIS. The ordinary wet ga-s-meler, described at page 182, is unexcep- tionable where fraudulent means are not employed for under-estima- ting the amount of gas consumeil, but its construction admits of great deceptions being practised by dishonest consumers. If, for instance, the water level tn the meter be lowered more gas will pass through than is registered by the instrument; if the case of the meter be tilted forward to au angle of from 5'^ to 13", according to its con- siruciion, and a proportion of the water drawn off, so as to expose the outlet of the measuring chamber, khe gas wiU pass through it without affecting the index, and without being registered at all. This is constantly done, and (he Inrge amount of gas which is unaccounted for in the calculations kept at the gas works, and which is frequently attributed to leakage, is no doubt traceable lo this nefarious practice. In cold weather the water in the meter is liable to freeze, and the passage of the gas is then completely slopped. Mr. Lowe has pro- posed the use of a solution of caustic potash or soda, which is not so easily aflecied bv frost, to replace the water in the meter, which will albO tend to render the gas more pure^ should either carbonic acid or CA8-M£T£AS. 481 sulpbaretted hydrogen have escaped the genera) purifiers. The grave objections to the use of the wet meter staled above, have g^ven rise to gr«at in^eQuit^ id the constniclioa of a variety of measuring io- strumeots, in which the use of water or any liquid is dispensed with, and in which the gas is measured by the number of times that a cer- tain bulk will fill a chamber capable of undergoing contraction and rYpansion by tho passage of the gas. These sttcrnate contractions and expansions of the chamber set certain valves nnd simply con* slructed amis in motion, which, by the aid of a few wheels, can be made to turn the hand of a dial, as in the ordinary wet meter. We must restrict our remarks upon dry meters to two of the most recent invenlions, which appear the best calculated for alfording accurate measurements. These are the meters of Defries, and of Messrs. Croll and Richards. Defries' meter consists of three measuring chambers, separated from each other by 0exible partitions of leather, partially protected from the chemical action of the gas by metal plates^. The metallic protection is shown at A .^ Jl in Fig. 204, and the ilexible leather at C Fif . 304. B B B B. The pressure of the gas expands the flexible partition, which then assumes the form of a cone, as represented by the small side cut Fig. 201 ; the motion of this flexible cone backwards and for- wards on both sides of its base sets the machinery in action, and measures the amount of gts which passes through the meter. The object in introducing three chambers into the meter is, thai its action may be continuous like that of a three-throw pump, and that oscilla- tion of the lights may be avoided, which sometimes results (ram the use of two chambers only. Messrs. Croll and Kichflrds' meter claims superiority over that just described, in rendering the flexible leather hinge no part of the mea- suring arrangement, so that any contraction or expansion of this can- la 482 CAB -METERS. not alter the re^stration of the gas. The meter connsls of a cylinder or case Ji Ji, Fig. 205» divided bj a plate B in the centre into two Fig. 205. separate cylinilrica] compartinenls, vrhlch are closed at the opposite ends by metal discs C C. These meial discs serve the purpose of pistons* and are kept in their places by s kind of universal joint at- tached to each ; the space ihroiigh which the discs move by the action of the gas, which affords the menns of measur<'nipnt in this meter, is governed by metal arms and rods, shown in the side cut, Fig. 205, which space, when once adjusted, cannot vary. To avoid the fric* tion attending a piston working in a cylinder, a band of leather D D is attached, which acts as a hinge, and folds with the motion of the disc; this band is not instrumental in mensun'ni^ the gas, so that ita contraction or expansion would oulv decrease or increase the capa- city of the hinge, the disc being stdl at liberty to move through the required space only. The leather is also attached in such a manner that it can only bend in one direction, and this renders it much more durable. The machine is quite comparable to a steam engine measuring it>^ steam, which it does in all cases by the strokes of the piston. The gas enters the cylinder at the top, from the space occupied by the arms, valves, &c.. Fig. 206, and forces the discs bodily forward through a certain space, the motion communicated by the discs to the arms and rods causes tbe supply of gas to be cut off, and admits of its escape by another valve; at tbe same moment the gas is admitted to the other side of the disc, and this is forced to return to its origi*^ nsl [WHtion, traversing, of course, tbe same space as before. Each GAS-Bl'RNKRS. 433 baclcward and forward motion conHquenlly indicates the passage of a constant qoatttity of gas, and the same apparatus -wblcb admits and shuts off the supply by means of valves is connected with clock'work, and thus the motion of the disc, or the quantity of cas whicli has passed through the meter can be indicated upon a dial-plate, as in the ordinary wet meter. h BCBRKRS. L great variety of gas-burners have been successively brought in1o public notice, ali of which lay claim to the production of an increased intensity of light with a smaller consumption of gas. It is itapoauble, however, from a mere inspection of the ilame produced by these burners, 4B4 GAS-BURNEBS. V>t- iOT. without accuratel}* rofasaring the amount of gas consumed by each, to arrit'e at any conclnsion as to which form is the most economical or gene- rally desirable. Until impartial com- parattre experiments have bten in- stituted with all, decided pn-firrence cannot be ascribed to any one in par- ticular. Fig. 207 is a representation of Whinfield's lucent burner, in which the r.iveqmol button is applied to an Argand gas-burner, and ibe peculiar form of chimney causes an external current of air to impinge at a certain angle upon the flame, producing the same enect as the metallic cone in the Solar lamp before described ; a basket of wire gauze is fitted into the crutch of the burner, which mode- rates the supply of air from below, and prevents the flickering caused by sud- den draughts. By hxing the chim- ney to a circular ring, which screws up or down upon the triangular sup- port, Mr. Lowe is enabled, in his improvement upon this form of burner, to alter the direction of Ihe external current caused by the contraction of the chimney, and by converting the button into a screw, its height can also b« altered and the internal current regulated. Fig. 208 shows a form of burner, patented by Mr. Ledie, in which the gas is caused to flow through a number of small copper tubes, instead of from the apertures of an Argand burner. The object of this is to effect a more complete combustion of the gas by surrounding each single jet with abund- ance of air, as it issues from the orifice, and the low form of chimney or combustion chamber diminishes the ve- locity of the draught, and ndJ.s, consequently, to the iilurainaling power of the llame. This burner was a,U\id€d to on a former «- FiB- 908. _w _ _ »_* TKITTILATION OF GAS-BURNERS. 486 casion, as an tnstniment for testine the purity of gas. If the gas is tmparei which in the case with that supplied hy mzny companies, the orifices of the copper tubes become stopped up, either with sui- phuret of copper, or the ammoniacal oxide, and require to be cleansed with a stiff* brush. The only effectual remedy for this objection to the burner is the use of purer gas, and (his must be obtained, when not supplied in a pure state from the gas works, by the use of a separate purifier in each house. Ventilation of Gas-Bumers. — Serious objections still stand ia the way of the introduction of gas-light into private dwellings, unless some means can be adopted for removing the products of combustion. For every cubical foot of gas burnt, rather more than a cubic foot of car- bonic acid is produced. A [wund of London coal-^s contaios, on an average, 0.3 of hydrogen, and 0.7 of carbon; it produces, when burnt, 2.7 of water, and 2.IJ6 of carbonic acid gas; consumes 4.26 cubic feet of oxygen, which is the quantity contained in 19.3 cubic feet of air. It ix thus obvious, that the air of a close chamber must soon be vitiated by the combustion of gas, and that the effects of breathing an atmosphere impregnated wiih a large proportion of carbonic acid, must consequeutly soon be felt by the inhabitants. The water evolved at the same time, in the state of steam, is found to be seldom free from sulphurous and sulphuric acids, derived fmra impurities in the gas ; and this, condensing upon the furniture, books, goods in shops, &c., very soon damages them in a very perceptible r,g. 809. 2<i- 486 TENTILATIOH OP CAS-BURKEftiJ. manoer. The serious iojury sustained by the librar]' of the London Albena-'uro club from this cause, and the large quantity of water evolved from Uie Bude-burnerin H^^bt-bouses, cundensing on theglan M'induws, and miiteriatty impeding tfae passage of the light, attracted ibe attention of Mr. Faraday to the iorention of some means efTeciually removing the noxious products of combustion. Aflt BeTeral more or less successful trials, the melbod illustrated by Fif S09 has been adapted, and exhibits a beautiful adaptation of the prii _ riple of a descending ilraugbl to a latnp-burner; a is an ordinary Argand burner, with a common straight chimney te-y the glass bolder, c is, however, so constructed, as to sustain not merely the chimnc] but an outer cylinder of glass y,\soff, larger and taller than the int I One ee; the g^ass holder has an aperture c/, connected by a niout I piece uilh u metal tube t, which servt's as a ventilating flue, anc ^hich, aOer paiiiiing horizontally to the centre of the chandi-tier, bs< tends to produce draught, and carry oiT the products of combustion I into the chimney or the open air; d is the pipe connected «ilh th^_ ['burner for supplying gas. The outer cylinder ^ is closed at ibe to|H by a plate of mica, g; or still better, by two plates of mica, one res^^ ing on the top of the glass, and the other h dropping a short vcay into Lit. They are connected together by a metal screw and nut, which I also keeps ihem a little apart from each other. The chimney aai~ (burner may then be surrounded by a ground-glass globe» whirh hi »lio opening, except at the bottom, for the admisuon of air to ll burner. The course of the current of air, carrying with it the pr ducts of combustion, is indicated by the direction of the arrows. It is stated that the intense heai produced by the hot current air traversing the space f"*- *'**• tween the two glass cylii ders, causes the glass become more orlessopaqut and thus obstruct the pal sagi? of the light. To avoij this objection, and at ibj same lime the unsightliness of a descending tube, which must of course throw a .shadow, Mr. Ruller has ajiplicd the Name principle, III a still more elegant and perfect manner, to his ven- lilating gas-burner, a section of which is represented in V'\^. 'ilO; h is the burner, with an ordinary chimnfy, discharging the products of cninbuMion into the metal tube /'; K is a targe glass tube, open at the lop, in the ncinity of the metal flue F, from which ■ 1^^ j^ 9 ^^^^^^BP If 1 f^^^^^^^^^^^H \\\ ^H'l S^g ANALYSIS OP COAL-GAS. 489 it ia stts{>e&ded. The air for feeding the flame de-wends in the direc- tion of the arrows, enters the burner at &, and is carried off through the Que F C, after having supplied oxygen to the ilame and become vitiated. Ventilating burners of this Vind not only prevent the diffusion of the pmducts of combustion through the apartments in whirh they are erected, but wiih the hot current of gns ascending through the metal tube, a large quantity of air from the room is also carried away, and thus a proper circulation established. Some slight difhculties occurred or the first introduction of these ventilating arrangements, which now appear to have been suceesafully overcome. One of these arose from the large quantity of water which collecied in the more distant and cooler part of the ventilating flue, and flowing back upon the burner, extinguished the light. By inclining the tube, and car- rying it intA the chimney of the rcx)m,lhis may be avoided, particularly when a lire is burning at the same time under the chimney. Another difficulty vras raised by the insurance companies, who objected to a hot tube, or flue being carried nearer than within a certain distance of the beams in the ceiling of the room, which precluded, in many caaes, the flue from entering the chimney, as the beams supporting the Soors frequently lie in a direction at right angles 1o the course of the chim- ney, and the flue was consequently obliged to he carried parallel with the beams into the open air; in this case the burner is frequently su b- jected to a draught in an opposite direction from without, and the steadiness of the (lame is very much impaired. When the flue is con- structed of a double casing of metal enclosing a stratum of air, or when porcelain or stone ware tubes are used, there appears no good reason for apprehending danger from this source, whilst the advaa- tagpfl gained, both in health and comfort, as well as the less injury sustained by furniture, &c., by the use of ventilating burners, will, it is to be hoped, render them very general, and enable the public to profit by the use of gas for the illumination of their dwelliag-houses. Fig. 211 is the plan of a large gas- work, drawn by Mr. Hedley, for Dr. Ure^s dictionary. It is calculated for the arrangement of 400 retorts, 12 wet lime purifiers, and 2 waahers; 12 large double or tele- scopic gas holder-s, capable of storing 1,000,000 cubic feet of gas; and coat stores capable of holding 10,000 Ions of coal. .-J is the retort house, 300 feet long, 56 feel wide; H are the retort beds; C [the chimney stack; fi flues; K hydraulic mains; F coal stores, each 300 feet long, .30 feel wide; O condensers; //engine houses; Jwash ^vessels; /if purifiers and connections; /.lime store and mixing tub; ^ smith*5 and fitter's shop; A* refuse lirae<pits; O meter houses; P tar-tank; Q tanks, gas-holders, bridges, columns, valves and con- nections;/l governors; 5 coke-stoves; r inlet-pipes ; T outlet-pipes ; W house and offices ; A* stores. Analysis af Coal-gas. — The following analyses of tlie coal-gas sup- t plied to Greenock and Newcastle, are the results of experiments, only ^just completed, and serve to give an idea of the nature of the gaseous , mixture. 490 ANALYSIS OP COAL-GAS. W COMP0S1TIOK or COAL GAS. 1 a 3 4 i Olefiant gas . 14.50 17.50 20.00 10.19 9.25 Carburetied hydrogen 66.49 59.94 47.77 31.35 36.05 Carbonic oxide 7.07 12.00 11.76 16.28 11.42 Hydrogen . 12.29 11.46 17.32 28.80 30.17 Carbonic acid ■ . • , , t ft trace trace Atmospheric air . , . . , « 0.48 0.50 Napbtlia vapor . . * • . . traces traces Ammonia • • • ■ • ■ traces • ■ 100.35 100.90 96.85 87.10' 87.39* Nos. 1, S, and 3, gas made from canoel coal, supplied to Greeooclc, analysed by Dr. T. rhomson. Nos. 4 and 5, rus uiude from caking coal, supplied, to Newcastle, analyzed by Dr. T. Richar(i.son. [Cost of Manufacturing Uluminaixng Gas. — The Philadflphia Gas* works having been constructed in 1S35, after extended invesiigationa in Europe, by the engineer charged with their erection, it was natural lo exjiect that every improvement which long experience had sug- gested should be introduced without delay, anu that (he cost of making gas at the lowest rates then known, should be speedily arrived at. But we find, from the published anaual reports ot those having im- mediate chaise of the works, that the opinion expressed at iheir corn* mencement, that the cost of manufacture would always bear a direct relation to the quantity produced, has by no means been verilied. The works have nnw been in operation twelve years, which being di- vided into periods of four years each, show the following as the amount of payments for mcUeriats,J'raghts, rertis, salaries, vjages, repairs, and ail incidental charges for the manufacture and distribution of gas dur- ing each period. Culnc fettl of gs* Cuat or iTMkiug Coat per inwle. ittKi wiling. 1000 o. A. 1st period 1^36 to 1839 inclus. 90,389,000 $-221, [12.39 $2.45 2d *' 1840 lo 1843 " 196.101,000 294,442.53 1.50 3d " IS44toI8i7 " 286,662,000 372,420.83 1.30 In the above are inr.bided all the items of expense except the inte- rest on capital invested, and no deduction is made on account ofimomt from incidental products. The works conast of a relort-house with (bur divisions of cast iron D retorts, embracing 114 in all, (with room for 6 more,) each 7 (i. long, 2 ft. wide, and 1 ft. high, arranged in 38 ftiraeces; — of sets of washers, refrigerators, and condensers, to* gether with 28«]ry-lime purifiers, 3 large station meters, coal sheds, * In the Hncliih etliiion th«M twooolninn* are ftoied 100.35 ami I0L40 lopeotiv*^. Wlni like MMirea or » etuinnou* erroni inBrbavebeeD,it Uornmneinipaiaiblefbf uaio oonjectuic^-Ax. En. I I COST OP HAKUPACTUEING- ILLUMINATING GAS. 491 a limekiln, 8 gas holders, each 50 feet in diameter, and 18 feel high, and one "telescope gas-holder" 80 feet in diameter, and 40 feet high, the total capacity of them all being about 490,000 cubic feet. The distribution consists of 76} miles of street mains, varying from 1^ to 16 inches in diameter, and of service pipes to 1455 public and 62,477 private burners, the latter supplied through 6209 metres, varying in capacity to furnish gas for 3—100 lights each. The works have been repeatedly re|iorted to be in au "good condition as when new," and have, therefore, by their earnings, kept themselves in complete repair. The report rendered on the 20th of January, 1848, gave the follow. ing "state of the works," as to f^n-maneTit invrxtnunt, stating the separate cost of " Works on the Schuylkill" at . $277,992 39 " "" Distribution street mains," . . . 304,143 08 " " "Service pipes and meters," . . . 123,31123 " " "Public lamps," 11,814 02 Making a total permanent outlay c^ . . $717,260 72 Had no pari of this investment been paidoutof profits of the works, the annual interest would amount at 6 per cent, to $43,035 64, and with the actual amount chai^eable to the year 1847, for the several items above enumerated, of expense of making and disponing of gas^ vix. $114,889 80', would make up the total expense of producing and selling 91,457,000 cubic feet of gas « $167,925 44, or $1 72 per 1000 cubic feet. From this, however, are to be deducted whatever sums were received for the incidental products of the manufacture, such as lime, coke, tar, &c. The sales of coke amounted lo 179,379 bushels, which at 6 cents per bushel gave $12,116 74, and the ^eot lime to 45,127 bushels, which, at the selling price of 3 cents per bushel, must have given $1353 81. The tar produced has been stored for future disposal, and the am- moniacal liquor is allowed to run wholly to waste, which is Ihe more surprising amidst an agricultural population, where the salts of am- monia are in particular request, for the purposes of the soil. The two items o( income from incidental products of the works above men- tioned (coke and lime), together reduce the cost of every thousand feet of ga.s 15 cents, or bring the total cost to $1 57 per 1000 (eet. In point of fact, however, the interest on eapitol invested, is now less than $26,000 per annum, instead of $43,035 64 as above; the profits of the works having i>oi only furnishe<l a great part of the means of their gradual enlargement, but also provided a sinking fund of $254,781 17 towards the extinguishment of the loans authorized, which latter hare never exceeded 600,000 dollars. With this reduc- tion, the cost of making a IhousatKl cubic feet of gas did not in 1847 exceed $1 39. The eflbrts on the part of incorporated companies lo ■ The Rwtctiftis (or pu an band ai tho Upmmtikg of IU7 exoHdnl lbs lisbilliiM evo- inKtMl (nr ih««n \ij $0143 SS, unri at ih* rml oj" thai jnnr (ha IwImUim* Iui ilut nine oeMded ihc viluc of ib« ttoci lijr $10,910 80. Tbnv turo*. wiib ifa« euli icoeiptt I np tbe motoufit $114,880 80. 492 COST OP MANUFACT USING ILLDUINATINO GAS. keC'p up ihe price of gas, or at least to render large quantities of an inferior article necessarr for the consumer, bus been referred to above (page 47H), while spealcing of nsphthalized gas. The combinatios among dilTerent conapanies for the same purpose is also distinctly alluded to in the same connection. The city of Philadelphia fortunately declined to throw herself irre- Tocably into the power of a compauv. and hence, though, in the be- S'nning, she Buffered the works to be erected by a set of trustcesundcr e control, in part, of persons contributing ttock for that purpose, yet it was with Ihe express reservation that she might at any time take posKBsion of the works, on giving her own Bonds to replace the stocks hekl in private hands. This denrable change was consum- mated early in 1$4L. Before that time ihe gas had all been manufac- tured from bituminous coal, and, ofcoune, pnrtook of the general cha* racters of coal gas elsewhere produced. The engineer who conslracted the works utteHy repudiated rosin, and all other materials except coal for that purpose, and his successor did not venture on any change in this particular, until alter the works came under (he sole control of the city government. The use of rosin, in combination with coal, was commenced in 1842, and the proportion used has been steadily increased ever since, with improving quality of gas, and diminishing cost of production. It dovs not, however, appear that in other respects any suc- cessful pflorta at economtxing materials have been made. Toe fol- lowing iRbte will show that within the first four years of their existence, the works yielded residuary products (coke, tar, lime, &c.) which amounted to at least 8 per cent., and sometimes to more than 18 per cent., as much as the f><ui Utelf. It is only to be regretted that the annual reports are so tittle in detail as not to aflbrd (he means of a complete comparison io respect tolhiF and other items of expense, especially "repairs ami incidentals." The amounts are unfortnnntely presented to the public in lumping sums. l*hey enable us, however, to show that, while in (be earlier times of the works, from 22 to 26 cents per 1000 cubic feet of gas were received by the stockholders as prolits from the incidental prodtutSy only about 15 cents per thousand feet were placed Io the credit of the cUf/ works for (he same products in 1847. Thus, though the price of gas has been reduced from $3.50 to $3.50 per thousand cubic feet, the eronomizing of secondary products has been so little successful, as to have fallen nelow 7 per cent, of (be income from sales of gas even at this diminJBhed rate of charge. Improvement has here a wide field. The table ntso mIiows that the cnsh rt^ceipts for gas and other mate* rials mki, have exceeded the total amount of payments for making and distributing the gas, and for every incidental espenst ufsuHnming the workt in compUU repair, by Ihe sum of $687,677 39, which is M 20 per 1000 cubic feet for all the gas manufactured since the works rere in existence, including that lost by leakage, as well as that sold Tor street lamps at half the price paid by private consumers. COST OP HANOFACTtTRIirG TLLUMINATIIVO 0A8. 493 l\mnM TabmUr Ktw of til OptrMioiu «/ lAf i^hlan^pAio C« Worki fnm tint cimmmth mm im- 1»3« » ih aui itf Ikt fmr 1847. i a It ■=1 2-85 1:3^ 4i5 •2>g .5- - ■* 9 B u "2 w • 5 e £ a." o- m ^3 1 11 "1 ■g '-.S £ 2 " 3 ^ •• •> C • •( « Bel* 5.5 ^11 ^=1 U - o ■1 s 1S3« e,4(« 1,300 tl 4,314 .W 1 [6,334.71 • 3607.98 IS. 3S.' " 1837 17,1X78,700 43,U<9.43 49,3-(&.SS 36SS.1 1 1. 31.* Mliii(«4 for 1B36 S7.U7,000 71,84&,S2 n,0M.t3 6S31.4S »^ 94.* ■th« proftt of 1B3B 33,473,000 9l,&a3.26 ltS.810.t& 8668.37 6Jt Sl.» •tockfaaldor*' 1840 46,410,000 8\fi98JA 138,871.19 not irparle^ 11,419.00 — — 1S4I SI,X»1,(MK) 96,S».SS IS6,SS9.!>4 7.» 82.* *! IB4t 60,811,000 77,816^ I5B,4M.S6 10,754.00 7J 81.- HiBAfttd II n- dor iIh lOle 1841 48,B«I.OOO 69,796.30 14fi,04t.&7 io>)e8.oo 7.» XO.I IB44 M,74a,O00 6),090.16 ]W,88e.S4 ■otarparele* I J reported ■lo. — — ■^mlhorlty of 1S4&< 63,ftO3,M0 S0,fi38.S6 iee,t07.SB -^ — the cKjr g»- IMt. 73,4Si,l)<» 131,0M.SD 180,Sa3.03 do. ^ ^ vfirckok^nt* IS47; 91,457,000 »)l^37.43 206,684.7« 13,470.55 6J '*-• Total 57J,45S,0O0 8T7,7MJ6 l,6«a,43Mft Longer experience in mana^ng the works thus appears to have led to a less ability, or a trss inclination lo economize their incidental products. By reference to paffcs 450 to 453 of this volume, it will be seen how far the incidental products of gas works have been economized in England, and Imw great rediicliuns may eventually be made here in the nrtual coat of gsta, vhen similar care .shall be taken of the residues, especially when the tar and ammoniacal liquor shall be ap- plied lo their proper purposes. But in order that these reductions diould be speedily made, it is evidently necessary that those having the superintendence and con- trol of the works should have no interest, direct or indirect, in keep- ing up the price of gas, but rather an urgent motive for Ending a roarkel for the incidental productH of the works, and for every other specici of economy. Besides Ihe economizing of incidental products, other meana of diminishing the cost of gas are evidently yet to he applied at the Phi- ladelphia works, in r>r(ler to bring them to Ihe state of perfection of whirh they are susceptible. The preceding pages furnish evidence of what has been done in Kngland within a few years in these re- spects. There is, in the first place, a vastly greater consumption of fuel for the purpose of carbonization than in almost any works in Europe where any economy at all in that material is studied, and it docs not appear that much if any variation has been made in the Philadelpb' works, looking lo an improTemcDl ia (his particular. But with Se ■1!)4 COST OP MANUPACTDBIKG ILLUMINATING GAS. referring to more recent improvemenls abroad, we may first see what was doing abroad at the time these worlrs were erected. The following statements by Dr. Ure, will serre to show how fer the economy of heating materials had been carried in England at the period alluded to. Thus, Ihe fuel to carbonize one ton of coals was, at Birmingham, ^ of a ton of slack (line) coal. Manchester, 4} cwt. Ltrerpool (old gas compuiy], 6^ cwt. of coal. Liver]^>ool (new do. ), 5( do. Bradford, 8J cwt. of coke. Leeds, 5J cwt. of coke. ShefTield, 3J cwt. of coke. Leicester, |t of the coke. Derby, } of the coke. Nottingham, ^ of the coke. London in IB.34, 1.3 hnshels of coke. London in 1837, 13 bushels of coke. If these statements, which have been published and republished without essential alterations, be true, there must be means of econo- mizing fuel not known, or certainly not practised at the Philadelphia gas works, where, instead of "J of the coke," (33 per cent.) being consumed as fuel under retorts, it appears that 60 per cent, is about the average, or in&tf>id of 13 bushels to carbonize a ton of coal, as in London, 23 bushels tsthe least average for any one year, and 25.8 bushels, or almost exactly double that number, is the general average, as seen in columns 13 and 14 of the following table of the operations from 1841 to 1847 inclusire. By reference to the dp,scri|)tion of Mr. Crojl'a improvements (see above, p. 541), it will be ob.served thai the coke used for fuel is at Tottenham only 24 per cent, of the whole amount produced. Tlie introduction of anthracite for fuel under the retorts at the Philadelphia works, wa.s formerly suggested, but is believed to have engaged no serious attention, notwithstanding tfjat the demand for ooke 18 equal to all which the works can supply. COST or HANUrACTURIHG ILLDICIIIATINO GAS. 49 taif iiqna oobl '^ '"^ '°J V\"^ '^Vd 'Von>iJ|>itiip put ^npvjnicnm: JO iimoo 5 «' 5 £ 3 !j 5 S 3 g G Z 8 S E m B a -uoiinquiBrp ?<"■ utunjn'iaui ai|i^ «aiB>d ]ps iuipnpcu Id I) 'ibiiiIbj no lniiJ^IUj JO am -a)ai<ji'iB»^'»i|iaiiunp apem itoa jo iBn^j a s £ ^ I ti ^ S S S 9 I ^ § "nuaa Q} |3<iniq lad ?(iii( joi^oa ^ « n^ }o |aii«q ioj ni»ai jo naaa tr^ i»°J ■m I ^ g £ ^ (S S ■•lB93Dn»1™1"'^ 1"*^ JOIWO -• « e i-r « s a « s t 3|3iiJii DDD^ j(q pagimd nS jp i^j ^iqiij SUfigUBd HJ p9«n «H1| JO ft9lt*«1 ^^BllS 3 3^ '•tiowi S*niflai| HI pun aiioa .lo rpqinii 'jaa.fa-qi Jtilinp po;>np •Old afoa JO ijiifi^nq jo J.jqviiiiJ {moj, a 8 i ^ * O F^ a. - S} 5 £ S ^ § § ^ ^ 7 ■lit ^ e; s P^tindf UT*D1 TITS [lOB poriB JO 'HI I nww) p jjnpiui] irt jo wiaf ajunj ^ 3i 3 S V V n ja 'uoi lad 'pun-Mud liiS yi it»j aiqn^ nLIB3»d''pO||tMTp rBy^ani >|oqM sqi PL UrMU Jd DanititfiJj s £ ^ £ e; s s = o T 1^ a B »^ ■itjM mi otss JO ""<" 1" ■•HOI!" Bi[i ur pMD iimuaiBoi oui aifi jo iqttaAV pMnmwu pu«[*a^jD ii|qSiaMai[) jouinig pMIV 'qa«o iqi Jjg JO -uiKM Jo •[»U»H Miai 91)1 iupip pn< ■uai|jva 'i[3Ba '*q| S£i»'pia3 ja ■js^iritg ■jsat 3qiJtruap|»iiU3iininiit •ftBjoiaeja'qnO ■vna 496 CD6T or MANUKACTU'RINR ILLUMINATING 6Aff. It seems probable fTom the above comparison of the operation of the works for ilie Just seven years, ihat one efficient cause of the dirai- uished cost of making gas in the recent period, as above proved, has been the introduction of a considerable portion of rosin into the materia] distilled. This, as above mentioned, was first used in 1842. It was proved at the Christiana light^bouse in 1844 (see above^ p. 212), that 70 lbs. of rosin are rapable of yielding, when completely decomposed, 486 cubic feet of gas, or almost exactly 7 cubic feet of gns to the pound. As 1)545 barrels, supposed to weigh 250 lbs. each, or 1,636,250 lbs. of rosin were used at the works in 1847, this rosin, if as economically used as in the case juat mentioned, must hare prutlueed !l,453,7r>0 cuhic feel of gas, or alioiil I2J per cent, of the enlire (]uantity of 9l,4ft7,000 cubic feet of gas manufactured during that year. Deducting the weight of rosin from the whole weight of the mix- tureused in the year as contained in column fith, we obtain 21,383,775 lbs. of coat carbonized (say 286,117 bushels of 75 lbs each], to give 91,457,000—11,453,750 = 80,003,250 feet of gas; and, conse- quently, one pound of coal yielded 3.74 cubic feet of gas, and a ton S377.6 cubic feet, Vihite a bushel of coal (75 lbs.) gave 280.5 cubi<^ feet for 17^ cents worth of material. To produce the same bulk of a much richer gas, from rosin, would require '— = 40.07 lbs., which at 65 cents per barrel of 250 Uw., cost 10.41 cents, or at 80 cenLs per barrel, would cost 12.82 cents. Now, as a given bulk of poor gas costs 174 cents worth of coal, and the same bulk of much richer gas costs 10.41 — 12.82 cents worth of rosin, it is evident that great economy must result from the proper use of rosin, and it should therefore seem that economy required the slill further increase in proportion of rosin, until the quantity of coal used should only be sulbcieni lo furnish coke for heating the retorts. Whether even this should be the limit of reduction may remain a doubt, so long as bituminous coal com- mands its present high price, and other species of fuel, such as an- thracite, are »o low. It appears from the l6lh column of the above table, that, during the years 1845, 1846 and 1847, a considerable diminution in the pro- portion of iiint; to the bulk of gas purified, has been allowed, so that in 1846 every bushel of lime was made lo purify 1220 cubic feet of gas. That a diminution of lirae to .some extent should be made since 1842 is very reasonable, on account of the lai^e proportion of ro^u introduced, the gas of which (at least when made by itself), needs no purification; but in the tatter part of the year 1847, owing to the bad properties of the coal or other causes, the impurity and nauseous odor of the gatt became matters of very general complaint. This induced ihc superintendent lo add to the ordinary dose of dry lime 10 or 12 lbs. of acetate of lead, with some chloride of lime at each charge of a purifier. The year's operations are therefore charged with 12,000 lbs. of acetate of lead, and 14,512 lbs. of chloride of Ume. 'Illis greatly enhanced the cost of gas for the year. INDEX. Abaorplion of nitiotu gu, 235 ' , theory of the pro- COM of, 237, 238 Acid, theory of the process of mKking, 237 , Bceiic, 50, 51 ■ , oolophonic, 129 , concentiation of; 238 - — ' , condenMtion of, 264 of muriatic, 266 I of strong muriatic, 267 ) etaidic, hypo-nitrous, 388 ■■ --1 evaporatioD, clarification of boracic, 313 — — , method of obtaining boracic, 310 , nitric and distillation, 383 , occurrence of boracic, 310 ^^—, oleic, stearic, margaric, 125 , nturatkin of the botacic, 315 ——, sebncic, 127 - ■ , sylvic and pinic, 128 Acidimcter, 308 Actual (practical) effect of fuel, 103 Air, dried, 21 ■, beating by means of hot, 07 Atkalies,of the, 217 Alkalimetry, principles of, 300 , Gay-LuBSBc's method of, 301 , method of Will and Fresenius, 304 American woods, Bull's experiments on, 24 ■ ■ peat marshes, 26 I coals, Johnson's report on, 40 ' experiments on illuminatioD, 206 Analysis, ultimate, of American coals, 47 Antbtacite, 30, 30 ■ ■ ■ dust from Hue, analysis of, 39 ■ — furnaoes for heating bouses, 98 , table of the relative value of, 85 Aquafortis, 382 , distillation of, 383 Ant, and of technology, rise and progress of the, 15 Ash, barilla, 284 ■ compo«iti<»t of, 284 ^^ from the yeast of wine, 393 of potashes, 285 of wood, 294 V Emmon's researches on, S88 , ptodnction of^ 294 , table of the amotmt of, in different kiodt of peat, biown ooal, 37, 33 2e< Ash, table of the specific gravity of, in dif- ferent kinds of coal, 37 — — , of American coal, taUe, 49 , table of the composition of, Oom m»- weed, 308 ■, table of the constiments of the, from different plants, 290, 293 ', table of the relative amount of, from different trees, 289 — , from shrubs and herbs, 289, 290 , salicor, blanquette, varec, kelp, 284 , table of the constituents of the, 2B1 Astral lamp, the, 141 Balsams, 128 Beale and d'Hanen's lamps, 156 Benblei's lamp, 200 Bicarbonate of soda, 281 Blanquette, 284 Bleached bees'-waz, 127 Bleacliing powder, 279 Bone soep, 426 Borax, 310 — — , crysialization of, 316 .native, (tinbal,) 319 Boracic acid, evaporation of, 313 , clarification of, 313 ', composition of crude, 314 -, crysialization of, 314 --, lagoons, 311 -, method of obtaining, 311 — , occurrence of; 310 , saturatioD of the, 315 Brassica nspus, 116 Brine wells, natural, 249 , boiling of the, 255 , borings of the, for salt, 35^*1 , constituents of the, 250 , graduation of, for salt, 229 Brown ooal, 19, 32 - , charring, 68 ', earthy, 32 , table of the relative value of, mi- neral coal, coke, and anthracite, 83, 85 -, variety of, 33, 34 Bull's experiments on woods, 24 Burner, the Liverpool, 199 , gas, 184,484 ^m 498 ^ iND bx] ^^^^^^^^^^^^H ^^V Ctml, •inirt. Til J — — , uUe of ibe Mnonnt of fp> Ibund iii( ^^fl ^V Odcination or potuh, 307 umlrr iliifnrcnt drounisunoe*, 161 ^^H ^H Cwnptiine Uunpi, 485 1 , inHgiir thenmoaniof aAio diflormt ^^H ^H CnndlM, and iIm mod* at pnptnas tlicra. kindi of, 33 ^H ^B 130 , ttnjnry fbanuion of, 33 ^^M ^H idippiiiit, 131 OnfabierVwai. 130 ^H ^H — — ,dtii\ mniiliU, ISO CooOk-nilt oil, 394 ^^H ^^M , illiiminNUnK pawn of^ 19(1 ^H mnliiiiK by mnchiiiory. 470 Cuke, tialurc of llie, 77 1 ^H -. on ilio cT(>1utk» or livhi tqr. l3:i , table oT rftlaiivo raltie of hou iD, (17 1 ^^m , •uMtjne and apenniceti, 133 Ckkxig cc«lI, 3i 1 ^H , nUc or Uia eooapwwjvv UJuniiiuit- CokiiigfraieofdeienDineaqu&UtyoTpmdiiat, ^^1 ^H inv power or, 190, 103 ^1 ^M —-^tallow, VJU ^^. improred p«iu«as of, 444 ^^| ^M , WIIX.139 in ftinnoes, 79. 7fi ^^1 ^H Cubonuatiun of pit coal, S9 ^-^ in beapv, or mounds, 70.71 ^^H ^H Cucol'a dock-work lamp, ISO Coicoiliai of oil til TiUiol, 344 ^^1 ^H Chion'a ■top^ook, 144 CombusUUs bficks, 87 ^^H ^M Celine, US Common oo«t, ll> ^^1 ^H C«t]rle,Dxidi! uf, 128 CoinpairiMMi of ibe various tnedioak of iUu^ 1 ^H Qwin makuii power of ccslh 46 minadoa wlUi eMh uUmf, 'jU ^J ^H Chaiiitfla, beaEtng by means at, W Compasition of SMp, 43£ ^^H ^H CbBboD KiuK, 64 CorapfeMod pi, IW ^^M ^M Cbsrtml, W Covidenwr, tho, 168 ■ ^H cmployvd in inuiulheMra of gun- CoostiuiCTiti of the aah, aocordinc to Bet- 1 ^H powiler, U5S Ifaiet, HctfwiK, niul Bauinser, 391 ^^fl ^H in AmwoM, 59 Cubic nitre. 331 ^H ^H , on the pToduciilon of, 91. Hi ^^H ^^m , ]>icilIuic« ill. 1^2 ^H ^^^^^ , table fthowinft ih(i iraltM of wood, ^^H ^^^K cfawwaL pmt, nod pmi ctivouol, b> foe), Diina, Di. S. L., txpefimeott far, 108 1 ^^v Usfii-CB tueiliod ti paridMiioa of lalbw, M ^^^^ , mlile ihowiac the ptodura of, bom ^H ^H ilulirr«ni wood^ A3 DrsulphurttatioQ, 69 ^^M Uippinx candles, 131 ^^H ^1 or. 53 OietillaUOn of ipt, 167 ^^M ^H -^, weifbt of, M ^H CiMninft in (bnwoM, &9 DSWreiner's phiilnam lamp, 444 1 ^1 of brown and. <tB Dwelling, lieBtlng mkI mnUarton <rf, 433 ^J ^H rhili-Miltpetn>, prattuotion torn, 340 ^^H ^M CUoride of liinv, US ^M ^M dloTine M«p, 438 m ^H CUotUe of Mtdium, nniflciot toda bom, 363 Effcot of hcM upon Aiel, 49, 90 1 ^H ClMiiQaiJon, U 'if ru<>l. nt the kiobI (pnodcal), 103 1 ^H Clariflcuion of ihe ait, 117 EUipo oil, J04 I ^H Clajr rctoru, 167 Evolution of liKhl b; candle^ «■ die, 130 1 ^1 CoaUgM, lAI 1 ^H , of the iUontHMiiBB powor ol^ u F. 1 ^H didcrrni ctnem of ttie ptoceM, IS3 ^^H ^H , aiuiljrua □f,4W Fata, of the, 113 ^H ^H CtAl, bfowii, J e. 32 , mble ibowins the chemical eompcifc^^B ^H - -', caliins, 31 tion of varieties of, 1 14 ^^H ^H 1 omtmon, 19 Fitesoal, 33 ^V ^H , ooinpaiitioii oC 37 Flaniea, nible of ttw fttnonnt of lifbi Ifrom J ^H , rormaUon of; 31 diffierent Irngili* of, 203 ^^1 ^H , minonl, 3&, ISO F1oe>, hentirig bjr menn* o^ 96 ^^H ^1 , nod, 3) FoMiL wood, 33 ^^M ^^M , Mttondaif Ibnnatian at, 31 Finnr.h nnthrsdlsa contpared with AnMrt> ^H < , Fkoodb mod Amerioaa, 83 can, S6 ^H CoaU, AmefJiBn, Jobtuon^ axperinum oo. Frcsonitu, ■IkaliotMry, medtod of, 304 ^1 Fu^l, 19 , actual (prmotiral) vBoei of, 103 ' , Ibaiil, of ibo auic-bUtotical et% 39 ^B , pracbcnl -niaa of, 45 INDEX. Fuel, mwnftcuira of pateat, 448 ■i relative value of, 78 , tables showing the value of wood- charooal, peat and peai-ofaaicoRl as, S3, 85 • , to emit its heat, influenoe of the time required hj, 85 Fuming oil of vilricd, 243 Fumacfls, cbBnlDg io, 6U , coking in, 78 ibr oil of -ntrifA, 243 , pyrites, 226 , llie, 165 , USB of, 66 G. Galam butter, 374 Gas^umers, ventilation of, 485 Gas illumination, biertoiy of, 159, 471 buroers, 184, 483 , coll««tion and diatributioD of the, 178 ', compressed, 186 , distillation of, 167 , cost of manufacturing, 4W) from oil, 171 - ■'■ from roain, 173 from BOap-water, 175 meters, 182,480 , naphthatizAd, 478 , nature of illuminating, 160 of Selligue, illumination wiiti, 176 pipes, 193 , portable, 188 , portable uncompressed, 186 , table of the amount of, produced from different klads of coal under different cir- cumstances, 161 , table of the illuminating power of coal, at iho different stagee of the process, 163 Gas-work, plan of a, 487 , side view of a, 488 Gases, absorption of nitrous, 235 , illuminating power of the, 204 , table of the specific gravity, the illu- minating power of the, 204 Gay-Lussac's method of alkalimetry, 300 Girard's lamp, 146 Glauber's salt, 263 Glycerine, 123 Oround-gLeas, 156 Gun-cotton, 379 , table of results of analysis show- ing the chemical compositkin oJ| 360 -, properties o^ 381 Gunpowder, history of, 351 . , actual compoaition o^ 356 , analysis of, 378 Gunpowder, charcoal employed in mani^ &cture o^ 358 -, density arul gramlation of, 36S, Gunpowder, glazing, or polishing of, 367 , granulation of, process of Champy, 367 , inflammability of, 370 -, methods of taating tha Itwoa of, 375, 376 of; 366 mills with stampers, 362 ■ ' with edge-stones, 364 -, modes of analyzing, 378 -, Mordecai's experiments on, 376 -, necessity for granulation of, 365 -, ordinary process of gianulation 352 361 ~, preparation of charcoal for, 358 -, product of the decompoeition of, -, pulverization of ingredients in, , table showing the constitution oC, and the amount of gas produced irom it, 33D , the drying process rf, 369 , the material oi; saltpetre, 356 , theoretical composition of, 353 , the peculiar action of, 351 triers, 377 H. Uanen's and Beale's lamps, 156 Heaps and mounds, general lemarka upon, 57 , coking in, 70 Heat upon fuel, effect of, 50 ——, influence of the time required by fact to emit, 85 , latent, amount of, 79 , of the application of, 89, 453 Heating and ventilation of dwellings, 453 powerof American coals, table of,48 arrangements in general, 93 ■ by means of channels or fluei^ 97 hot air, 97 by water, 100 Herbe, ash from, 290 Honey -comb, virgin, 127 Hot-air, beating by means of, 97 Houses heated by anthracita furnacea, 98 Huaz's processof reiVactioo of saltpetre, 348 Hydronatio lamp, 148 lUominating power of oandlas, 190 gas of Selligue, 176 ■ ' power of oils for, 194 II lamination, general principles of, 110 ', materials and methods o^ and theii 369 relative values, eflects of difiaient, 187 , naphtha used for, 129 ■- , of gas, history, 159 -, shale of Autun, used for, 129 -, force of, 371 I Iron pyrites, 219 I lUJpe Oil, 394 ^1 Japftii wu, lafi liMtjipdni. production of aitpetn at, 334 ^^H Ltklnndurlf* Lainp, 155 ^^1 H Luoifcr piBiche9,443 ^^H ^H Kapnoniar, M LyiN erupomiioo oT lbs (poaob), 306 ^^H ^H Ksfinanii'* expeiimenu on tvaod and peal, , teatiuK tbe, for Map, 399 ^^H ^1 »3,$« ^^H ^B K«lp, sss H ^H KrM>M>i«, SO Madia oil, 117 ^H ^^k Margaru; arid, I'iS ^^H MariRo piniiia, Mxla ftoni, 283 ^^H ^^^H LagDOIH, iKKScio BCiii, 311 HulL-bPf, 441 ^H ^^^V Ijmp-hlMcV witlt auii widioui Mr, produo- , Juciru. 442 ^H ^ ifc>ti<<40 Mauvial Ibr produdng linht, 1 1 3 H wot. 430 Molting and purlflniioo of tbu ullow, 119 ^H Lainpi, 131 Mcceris ea«. 183, 480 J'tlpilHutA cir i[liiininalktii and thfir mlHtiVA ^H ing pcmci uf, 190 viitu«, IS7 MincTal nnol, (able of Ibo relatife beu oT, ^H , Bimlc bud Knnen'fi, 130 »4, 84 ^^H II.«.Li-^^ nfvt Moilicr- liquor, anatyn* of, (ma tsli-paiu, 2311 Moandii, (rhnrcoal in, i'i ^^H ^M , Cored'* cloek-wotk, IdO ^H ,C»nieliii4'*laini,310 57 1 ^H , elliptic, <d3 Muriaiie wai, mndenniiou of, 360 ^^^ ^^H ^H 1 ..1 .. , liyiJnwiiuk', 148, ^B ^^^H ^ illiiininBfiTiu tH)tirt>T at lOA ^^H ^^H ^ LfiAfritf^tTit I.MV NaptiitiB, 139 ^H NapbthaliMd gM, 476 ^H ^H -, pump, 14U Nature of the ocdcc, 77 ^^M ^H P-. — , mnumbrn [PliiUip*'}, 143 - — ■ or iilumJualinK ga>, IGO ^^^| ^H -, Mudy. 140 Niire, ur MiIiiivtTc, 3.1i> ^^H ^H , tabic »hoH-itiK ihi; rebtive intenf- ' , lliFory or tlic ro(inalion of, 331 ^^| ^^M ity of ligbt rruin i)itti.-ient, al variou* ^H pvfiud* r>vm iLd luii't) uf IJgbting, 190 Niui-^ avid, 3H9 ^^M .r tat ^^^^H Nitruui fpUj Abvtisplioti o4^ 235 ^^^| ^H ■ wiibuui wicJt, aiglit, 137 ^M , Wonns', 13V 337 ^H ^^^H f^nl firHf'*. rtll'? ^^^^^1 ^H — ^ lani)i. Cu[i>i»Iia*'«, 310 ^1 ^H Lcoden cJiiunben ba aulphuric acul, 330 ^^H ^^1 Lij^t, eralutian of, IIU Obiecta of todtnokiiHr, 1 7 ^^H ^H , and of tka inuthLKls gt ellboiiiiK it. OiU, illuminaiing powei of, 194 ^^H ^1 130 Oil, cbUificBtion of tbe, 117 ^^H ^H , v>r the nnUirinl Ibi piulnciog, 113 , mnon-nut, 394. 4 19 ^H ^H , oin tbe Bvolution oT, by cwulk*, 133 -, pilam UuUcr, 394 ^^H ^H -1 iamuiianeoiu, 444 . gajkl7] ^H ^H — — KJBp. 439 ^H , uble ^towiog ih« svenige intenaii/ ilIflt^rtfEit »oiirc«9 lit [imefentuin]pt.'jvtiire», 1 ^H at, Mul fioruumptioit or oil in didJBrani 171 1 ^1 knip*, 197 , madia. 117 1 ^^^^^ , table ifaowiog ibe rebiivc inMiuiiy of lieiiip-MiK), titueod, uaio, (jJive, (br ^^B ^^^^H of llchi bom different luapt •■ Tixioiu fnntuat; wap, 3t(7 ^^H ^^^^f psriudi Ooin Ibo tiiiM! of liifbtiuK, 1U4 of iilipr, 394 ^H ^^P^ Ligni id wood, 3-2 ' of olive •oap, 406 ^^H ^H Lime puiiOer, tbc^ IOC ^■^ of Intpoutiiio, ISi ^^^1 ^H Liiisieol <fil, for Map, 3S7 ,oliv»,llS ^H ^H LitliArK«. Aoal/iii with, SI , palm, bteaobing of, 391 ^^| ^H Livcr^Mxrl tuttier, the, IW , rapp, 1 ^^H ^H Lixtviolion of nltpetra-vorUi, 334 , «p«tfnacetj, 134 ^^H IHDBX. 601 Oil, table of the fiuklilj of, tl9 , min, 117 , varoifh, 433 of Titriol, 334 ■ ■ ' 1 iropnritjr of, 343 ■ - , fuming, 243 -. process of diatJUatioo of, 344 Oleic Bcida, 123 Olive oil, IIG P. Palm oil, bleaching of, 391 , Waits' process of bleaching, 393 soap, 421 Paraffin, 50 Peat-charcoal, table showing the value of, B3 , of the preparation of, 66 .^eat, 25 , older and recent, 35 , table of the amount of ash in, 28 Pelouze't tesi for refraction of saltpetre, 349 Picamar, 50 Pipes, gas, 161 Pjtacal, 50 Pitch coal, 32 Pit coal, carbonization of, 69 Platinum lamp, 443 Biili, 239 condensers, 241 ■ ■— produce of, 241 Portable and compressed gas, 186 Potashes, 285 , ash, 280 , namre of. 280 , composition of, 308 , constituents of calcined, 898 -, table of the constitution of differ- ent varieties of potashes, 308 , production of ash of, 294 , lixiviation of the ash of, 29-1 -, calcination of. 397 Potash, estimate of the value of, 300 Powder, ttt f;unpou'der. 351 , table showing the constitution of different varieties of, 356 triers, 377 Preparation of charcoal under a movable ooveriniti in mounds, 53 Produce, coking in fumaoea, 77 ■■■' in charcoal, 62 Production of charcoal, on the. Si of tai, 60 Pump lamps, 149 Purification and melting of the tallow, 119 of sulphur, 218 Pyrites furnaces, 326 I^roxylic spirit, 50 Rape oil, 114 Redootive powen of Amoricaa coals, 85 Refinery of sulphor, 318 RefleolOrs, ahadea, 156 Rosin, 138 , gas, 173 , densiiy of compared with ooal gas, , pine or white, 139 soap, 42 1 Retorts, the, 104 , olay. 107 Richardson (Thomas), experiments on coal, 38 Rise and progress of the arts and of teoh- oology, 15 Rock-salt in England, 345, 348 S. Salioor, 284 Soli, boiling of the brine for, 255 ■ , borings for, 250 , common sea, 245 — — , constituents of the brine, 250 from sea-water, production of, 346 gardens, 247 ——, graduation of brine for, 251 — — , Glauber's, 2ii;i , natural briiie wells, 249 pans, 260 pans, mother-liquor from, 259 , rock, in England, 215, 248 , table showing the localities and con- siiiueniB of, 250 , table of analysis of saline mud from Montier, and of panstono, 257 common, 259 , the schlotage of, 250 Saltpetre, Chili, 331 , condition necessary to tlio fiMmatioa of, 325 earth, lizivtaiion of, 334 from walls, 325 ——— in Sweden, 327 -, in the temperate zones, Ibrtnation of, 324 —— lye, treatment of the crude-, 337 -, boiling of tlie, 38U ■ , occurrence of native, 3J'J , ordinary, 322 ■ ■ plantations, 327 , production of, in SwiUerland, and at Longpoot, 320 refinery in Austria and Sweden, 345 -, refining process, 341 -, refraction of, 340 ■ '--■' ', prooest <rf Htisz, 348 -, Pelooae's test, 349 '■, theories of the process of nitrifica- tion of, 329 -, Thouvenel's methotl of producing, , what is, 320 326 602 IND£X. S«(i, tbe tyjiiaiiuienn oTiIm, 20 Sclilotagv of «ali. Qt6 Sca-Mlt, [able or Uis analyvia oT, 948 SM-Nra<«r, lable of wmpuailiuii uf tali in, Saa-vMd, eompoutkm of uh« Aom, 283 ^ , preparackMi urilio aali ftoai, 384 SeUiKUQ, iUiunlnfttillg su o( 110 Sludss, KflecMnT lfl6 SluiW or Auun, 130 SbiutM wxl botlM, uLi {torn, 360, 300 ttmitnbm lunp, us &IUjlt«, ODKUatDpLion of, 451] Soap-vroWr, icns fiwa, n5 Soa|>, bone, 4'J('j , bimcbiug of pnliD oil rat, 3U1 ", Oaridion'* mid Zicr't piac«« of. as 1 , 3&-i , clilorin«, 4'iH , (wcM-nutoil, 3W, 410 , cold wau4 Ibr, 404 ■ ' ■-. uonipiuiiioii dI', 4'S'i , L'uhl fixirti uUlow for. 1 14 , GnUitn biilUf, toooa-nuc oil &r, 31M , hump well uil, liaaoed oil, tnJn oil, olive oil, 3b7 , liog'ti lar(% 3&J , light, 4J'J , lusiiul'iivtuie of, boiling pfoccM of, 3b6, 368 — ^, Matveillca, (Veocfion,) ot oU^to oii, 408 I uleic aciil, KNiiu ibr, 3M , palm oil, 4Vl , prooaw 01' bbUloK, 4l>tt , RMun, 421 , Boilu Mil in, 398 , soO, 4J2 , table uiviiJs ili« analjrua of diSennI kiiul* of; 431 . tntiiig tba lyo U, 309 -, ibrary of ttia (bsiUUioii ami pro>luc< lion of, 400 , ibe lye Ibr, 3M , the uinuurai;luro of, boiliDg of, 386, , loilei uiil uaiu{iarcai, 428, 4S0 . »»luH of, 430 ^p whii«,4l4 Soap-watn, gaa Irom. 176 StxxaKe, ibe, of mII, 3S7 8oiIa,athoC3«l , lAllIug piwcw of. 37) , bioufaoiMKi of. 280 oompoaiiion of bliuik Uill*, 3*3 , conjenmion of acid of, 2*4 , crude, 209 , eniniaiioii of ibe vmlue of, 3011 ~^~ from cliloiule of Kidium, anlSuiol , 263 Oom marine plaDi*, 3$3 . tixiviniioD of, 374 , native, 361 , other praoaMce Itn imking, 37 8 So<bi, MlutioD of black imSlt, W9 , sulphate of, 303 , table ebowlnglheeoiMllnulonioflhe diOeteot varteiiiM of, 308 , table of tfae ooninltacott of native, 26 1 , wiexlet of, 377 Sooi, lamp-black, 4M Spermiuxrlt, 126 camllf*, 133 Steam, gcncmting powot of Amaricao conU, 40 Sieuiii toiler, IHd» ou ibe, 106 Stearic add. 121 Sivaniie, of, 121 rvnilli'X, 133 Siove*. iM, Aii Study lamp, 140 Sulphate of km1>, 363 SnlphuT, riDiiva, 3 1 7 . ciiibonic acid gaaei with vupor ol, 231 drop, 330 -, now«ri cif, 239 -, piiriflcaiiiin of, 318 -, rafinory c(318 Sulphiirct of onrboo, 331 liycleagen, 331 Sulphuric acid, 323 . imptiriiy in, 242 ', Eouliab, ilieanMical prooeaaof. 334, 330 ' obanibcts, 333 ■ abaorlM oarbguic nod, 309 SulphiuoiM n£id gu, 33 1 Swedan, ponduoiian of ulipetre in, 327 SwitBeriand, prodaciiDn of saltpelie iii, 33fi T. Table of the ammint of vnta la wood*, SO ol American coal* (Jobnaoa'a), 48, 44 ■ of ths iipeeillii gnviiy in diflemu Iciuds of wood, 23 oftho com^iOMCivu of wooil«, 33 ^— - of the aiviount of aah lu diD'eicot Linda of p<M^ 38 — of the Hiuotini of oA m diffttreni kinilH of hrowii ooah 33 ^^^ uf iheL'umpuMliouof diffiiretd tiiniti of bruwn wal, 34 - of tlie spociOc iitarjiy and aoHHtiit of dill ill diflereiil liiiidtofMail, 37, 38 of the dieinicnl ciim position of di^ (creni vailebMof coal, 38; ofanthndta coal, SO ahotriog <hv produce of cbarooal from diffeieiti wooda, 63 - ■ sliowiitg llie Tuliia of wood fool, 78 ■liowioK tlie pioduM of charcuiil from varieties of btowrn coal, 69 I iliowiog tba valna of wood, ohaf oaal-p«l and pwvdiwogal u fuel, 8 1, S3 IHDEX. 503 Tsbl« showing die raloe of brown ooal, raiueral ooal, ooke nad Bnthncite, 83— B5 ' of the chemical cmnpoai^on of ¥&• rieties of fat, 1 14 — ■■ of the degieta of fiuidity in different liquids, 119 ' of the amount of gsa produced from different kinds of coal, under different circumstances, 161 ' of the illuminating power of coal gas at' different stages of the process, 163 showing (he nature of oil-gas ftom different sources at different temperatures, 171 — - — of the illuminating power of can- dles, 191 uf the comparative illuminating power ofcandles, 192 ' of the specific gisvity and the illu- minating power of gases, 304 of the comparison of the various methods of illuminBti<ni with each other, 215 — showing the relative intensity of light from different lamps at various pe- riods from the time of lighting, 196 of the comparative illuminating power of lamps, 196 showing Uie average intensity of light and consnmption of oil in different lamps, 197 ' of the amount of light from flames of different lengths, 205 showing the composition of salt in sea water, 246 ■ of analysis of the water from dif- ferent brine springs, 250 - of analysis of saline mud from Mon- tier, and panstone, 257 of analysis of salt from difierent localities, 359 - of analysis of mother-liquor fh>m salt pans, 259 of tiie analysis of sea salt, 248 of analyses of brines from New York springs, 260 ^^— of the constituents of soda, 261 ■ giving the analysis of different kinds of soap, 431 <^ the composition of the ashes from sea-weed, 283 ^ ~ of the relative amoimt of ash fiom different trees, 289 of the relative amonnt of ash fVom dirubs and herbs, 289, 290 > of the constiraents of the ash from different plants, 290, S92 of results of analysis showing the ohemica] compoeitioD of gun-cotton, 380 showing the constitution ol^ gun- powder and the amount of gas produced fhxn it, 355 Table of the constitution of difiisrent va- rieties of powder, 356 showing the oonstitntioo ct different varieties of soda, 308 showing the constitntioas of dif- ferent varietiee of potashes, 308 Tallow, of, 1 19 ■, D'Arcet's method of purification of, 121 ~, melting and purifloation of, 1 1 9 -, for soap purification of, 387 Technology, objects of, 17 ■; rise and progress of the arts and of.15 -, what is, 13 Tar, 51 .production oClamp-black with or wiib- OHl, 440 ■, the production of, 60 Train oil, 117 Translucent glass, 156 Trees, table of the relative amount of ash from different, 289 Toilet and transparent soap, 428 Turf, 19 Turpentine, 128 ' — — , common, 129 , Venice, 129 V. Value of soap, 430 Vapor lamps, 154 Varec, 285 Varnish, oil, 433 Venice turpentine, 129 Ventilation and heating of dwellings, 453 of gas burners, 485 Virgin-honey, 127 Vitriol, oil of, 223 W. Water, 20 , heating by, 100 , sea, table showing the composidon of salt in, 246 analysis of the, frtHn different Inine springs, 250 Wax, 126 , bleaching of, 127 , bleached bees', 12B , candles, 132 , cobbler's, 189 , honey virgin, or, 127 , Japan, 128 , ribboned, 127 Weight of the charcoal, 64 West SU)ckbridge charring Aimace, at, 66 Whinfield's gas burner, 484 Will, alkalimetry, method of, 304 Wine, yeast of, production of ashes from, 293 Winkler, experiments on wood, 2S 504 IITDEX. Woodf fibre, 31 Wood, 20 -, Amsrioan, Bolt's ezperiments on, 94 -, charring, 51 -, experiments ODibfHanigiWenMk, BuU, 33 , lignite, 32 -— — , relative value of heat in, 8 1 , spirit, 50 Woods, taUe of the oomposition of dif' ferent kinds ot, S3 ■, table c^ the amount oC water in, 31 Warms' lamp, 139 T. Tiflld of fioka diminished bjr rapiditjr of coking, 446 END OF VOL. I. ERRATUM. Pago 187, lines 20 and 'JU, for "cwts." read tons. nnu. •ooNaiHDiHo CO. STANFORD UNIVERSITY LIBRARIES CECIL H. GREEN LIBRARY STANFORD. CALIFORNtA 94305-6004 {415) 7231493 All books moy be recoiled ofler 7 doy» DATE DUE \ F/8 JON »0 OSS r i i >

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chemicaltechnol00knapgoog

OL23385693M

OL13802295W

511

1,848